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HomeMy WebLinkAbout2006.08.07 Council Meeting Packet AGENDA PASCO CITY COUNCIL Regular Meeting 7:00 p.m. August 7,2006 1.. CALL TO ORDER 2. ROLL CALL: (a) Pledge of Allegiance. 3. CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by roll call vote as one motion (in the form listed below). There will be no separate discussion of these items. If further discussion is desired by Councilmembers or the public, the item may be removed from the Consent Agenda to the Regular Agenda and considered separately. (a) Approval of Minutes: 1. Minutes of the Pasco City Council Meeting dated July 17, 2006. (b) Bills and Communications: (A detailed listing of claims is available for review in the Finance Manager's office.) 1. To approve General Claims in the amount of$2,607,446.16 ($118,82599 being in the form of Wire Transfer Nos. 4576, 4583 and 4588 and, $2,488,620.17 consisting of Claim Warrants numbered 155859 through 156194). 2. To approve Payroll Claims in the amount of $1,597,228.28, Voucher Nos. 34827 through 35022; and EFT Deposit Nos. 30011420 through 30011906. (c) Senior Center Facility and Programs Study: 1. Agenda Report from Paul Whitemarsh,Recreation Services Manager dated July 24, 2006. 2. Proposed Agreement with Gerontological Consultants Northwest,Inc. To approve the professional services agreement with Gerontological Consultants Northwest, Inc., and, further,to authorize the City Manager to execute said agreement. (d) Replace 1988 Rescue/Grass Fire Truck: 1. Agenda Report from Gregory L. Garcia,Fire Chief dated July 19, 2006. To authorize purchase of a replacement rescue vehicle to be expended against the Equipment Replacement Reserve. *(e) Resolution No. 2968, a Resolution accepting work performed by Inland Asphalt under contract for the Road 68 Widening East Side,Project No. 05-3-10. 1. Agenda Report from Doug Bramlette, City Engineer dated July 24, 2006. 2. Resolution. To approve Resolution No. 2968, accepting the work performed by Inland Asphalt under contract for the Road 68 Widening East Side, Project No. 05-3-10. *(f) Resolution No. 2969, a Resolution accepting work performed by Classic Concrete Design under contract for the 2006 Handicap Ramp,Project No. 06-3-01. 1. Agenda Report from Doug Bramlette, City Engineer dated July 24, 2006. 2. Resolution. To approve Resolution No. 2969, accepting the work performed by Classic Concrete Design under contract for the 2006 Handicap Ramps, Project No. 06-3-01. *(g) Resolution No. 2970, a Resolution accepting work performed by Watts Construction, Inc.,under contract for the Sylvester Street Water Main Improvements, Project No. 05-2-02. 1. Agenda Report from Doug Bramlette, City Engineer dated July 24, 2006. 2. Resolution. To approve Resolution No. 2970, accepting the work performed by Watts Construction, Inc., under contract for the Sylvester Street Water Main Improvements,Project No. 05-2-02. *(h) Resolution No. 2971, a Resolution accepting work performed by Rotschy, Inc., under contract for the West"A" Street Sewer Line and Water Line Replacement, Project Nos. 03-1-05 and 04-2- 02. 1. Agenda Report from Doug Bramlette, City Engineer dated July 24, 2006. 2. Resolution. To approve Resolution No. 2971, accepting the work performed by Rotschy, Inc., under contract for the West "A" Street Sewer Line & Water Line Replacement, Project Nos. 03-1-05 and 04-2- 02. Regular Meeting 2 August 7,2006 *(i) Resolution No. 2972, a Resolution fixing the time and date for a public hearing to consider the vacation of the utility easements in Block 120 Pasco Land Company's First Addition. 1. Agenda Report from David I. McDonald, City Planner dated July 19,2006. 2. Proposed Resolution and Vicinity Map. 3. Vacation Petition. To approve Resolution No. 2972, fixing 7:00 p.m., September 5, 2006 as the time and date for a public hearing to consider the proposed vacation. I (RQ MOTION: I move to approve the Consent Agenda as read. 4. PROCLAMATIONS AND ACKNOWLEDGMENTS: (a) "Yard of the Month" Awards. (NO WRITTEN MATERIAL ON AGENDA) The following Pasco residents have been invited to attend the Council meeting to receive Certificates of Appreciation from Mayor Joyce Olson for"Yard of the Month,"July 2006. 1. Gordon.and Evelyn P1yce, 635 N. Waldemar Avenue 2. Neva Corkrum,4121 W. Nixon Street 3. Monte and Debbie Kelsey,4702 Desert Plateau Drive 4. Ms. Jessie Weathers, 6115 Chehalis Lane (b) "Business of the Month Appearance Award." (NO WRITTEN MATERIAL ON AGENDA) The following Pasco business has been invited to attend the Council meeting to receive a Certificate of Appreciation from Mayor Joyce Olson for "Business of the Month Appearance Award"for July 2006. 1. HAPO Community Credit Union,4902 Road 68 S. VISITORS - OTHER THAN AGENDA ITEMS: i (a) (b) (c) 6. REPORTS FROM COMMITTEES AND/OR OFFICERS: (a) Verbal Reports from Councilmembers. (b) (c) 7. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: (a) Street Vacation—All of Saint Fran Court (MF #VAC-06-009) (Continued from July 17, 2006 meeting): 1. Agenda Report from David I. McDonald, City Planner dated August 2, 2006. 2. Vicinity Map. CONDUCT A PUBLIC HEARING MOTION: I move to deny the request for vacation of Saint Fran Court. 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: (a) Ordinance No. , an Ordinance of the City of Pasco, Washington, creating a new Title 27 "Historic Preservation" providing for the establishment of the City of Pasco Historic Preservation Commission; and determining the procedure for properties to enter into a Historic Preservation Special Valuation Agreement. 1. Agenda Report from Richard J. Smith, Community & Economic Development Director dated August 3, 2006. 2. Historic Preservation Ordinance. MOTION: I move to adopt Ordinance No. , amending the Pasco Municipal Code by creating a new Title 27 entitled Historic Preservation and, further, to authorize publication by summary only. (b) Ordinance No. , an Ordinance of the City of Pasco, Washington, concerning sewer service requirements. 1. Agenda Report from Gary Crutchfield,City Manager dated August 3, 2006. 2. PMC Chapter 16.06 (Utility Service Requirements for Building Permits). 3. Map depicting areas excepted from requirement. 4. Proposed Ordinance. MOTION: I move to adopt Ordinance No. , repealing certain exceptions from the sewer connection requirements and, further, authorize publication by summary only. 9. UNFINISHED BUSINESS: (None) Regular Meeting 3 August 7,2006 10. NEW BUSINESS: (a) Burden Boulevard Widening; Project No. 05-3-06: 1. Agenda Report from Doug Bramlette, City Engineer dated August 2, 2006. 2. Vicinity Map. 3. Bid Summary. 4. Resolution No. 2378. (RC) MOTION: I move to award the low bid for the Burden Boulevard Widening, Project No. 5-3-06 to Transtate Paving Company in the total amount of $315,553.80 and, further, authorize the Mayor to sign the contract documents. *(b) 2006 Irrigation Improvements/New Well: 1. Agenda Report from Robert J.Alberts, Public Works Director dated July 26, 2006. 2. Quote Summary. 3. Vicinity Map. (RC) MOTION: I move to approve the purchase of goods and services from Nelson Well Drilling, Inc., for 2006 Irrigation Improvements -New Well Site, in the amount of$57,618.85 including applicable sales tax. p*(c) Special Permit: Location of a Church (UCMS of Seventh-Day Adventist) in the 3500 Block of Sylvester Street(MF#SP06-009): 1. Agenda Report from David I. McDonald, City Planner dated August 2, 2006. 2. Report to Planning Commission dated 6/15/05. 3. Planning Commission Minutes dated 6/15/06 and 7/20106. MOTION: I move to approve the special permit for the Seventh-Day Adventist Church expansion in the 3500 block of West Sylvester Street as recommended by the Planning Commission. Q*(d) Special Permit: Location of a Church (Missionary Church of the Disciples of Jesus Christ) at 1824 E.Lewis Street(MF#SP06-008): 1. Agenda Report from David 1. McDonald, City Planner dated August 2,2006. 2. Report to Planning Commission dated 6/15/06. 3. Planning Commission Minutes dated 6/15/06 and 7/20106. MOTION: I move to approve the special permit for the location of the Missionary Church of the Disciples of Jesus Christ, and missionary training center with related offices at 1824 East Lewis Street as recommended by the Planning Commission. 11. MISCELLANEOUS DISCUSSION: (a) (b) (c) 12. EXECUTIVE SESSION: (a) (b) (c) 13. ADJOURNMENT. (RC) Roll Call Vote Required * Item not previously discussed MF# "Master File#...... Q Quasi-Judicial Matter REMINDERS: 1. 1:30 p.m., Monday, August 7, KGH - Emergency Medical Services Board Meeting. (COUNCILMEMBER TOM LARSEN,Rep.;JOE JACKSON,Alt.) 2. 10:00 a.m., Tuesday, August 8, Senior Center - Senior Citizens Advisory Committee Meeting. (COUNCILMEMBER TOM LARSEN,Rep.; BOB HOFFMANN,Alt.) 3. 5:00 p.m., Tuesday, August 8, TRAC Facility - TRAC Advisory Board Meeting. (MAYOR JOYCE OLSON and COUNCILMEMBER REBECCA FRANCIK) 4. 10:00 a.m., Thursday, August 10, 3502 Varney Lane - Airport Rescue & Fire Fighting Station #82 Ribbon Cutting Ceremony. (MAYOR JOYCE OLSON) (ALL COUNCILMENIBERS INVITED TO ATTEND) 5. 7:00 p.m., Thursday, August 10, Transit Facility - Ben-Franklin Transit Board Meeting. (COUNCILMEMBER MATT WATKINS, Rep.; MIKE GARRISON,Alt.) MINUTES REGULAR MEETING PASCO CITY COUNCIL JULY 17, 2006 CALL TO ORDER The meeting was called to order at 7:00 p.m. by Joyce Olson, Mayor. ROLL CALL: Councilmembers present: Rebecca Francik, Michael Garrison, Robert Hoffmann, Joe Jackson, Tom Larsen, Joyce Olson, and Matt Watkins. Staff present: Gary Crutchfield, City Manager; Leland B. Kerr, City Attorney; Stan Strebel, Administrative & Community Services Director; Richard Smith, Community & Economic Dev. Director; Bob Alberts, Public Works Director; David McDonald, City Planner; Doug Bramlette, City Engineer and Jim Chase, Financial Services Manager. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: (a) Approval of Minutes: Minutes of the Pasco City Council Meeting dated June 19, 2006. (b) Bills and Communications: To approve General Claims in the amount of $1,885,804.16 ($63,503.64 being in the form of Wire Transfer Nos. 4565 and 4569 and, $1,822,300.52 consisting of Claim Warrants numbered 155352 through 155603). To approve General Claims in the amount of $2,177,415.57 ($63,216.77 being in the form of Wire Transfer Nos. 4570 and 4574 and, $2,114,198.80 consisting of Claim Warrants numbered 155604 through 155858). To approve Payroll Claims in the amount of$1,516,599.44, Voucher Nos. 34669 through 34826; and EFT Deposit Nos. 30010928 through 30011419. To approve bad debt write-offs for utility billing, ambulance, miscellaneous, code enforcement and Municipal Court non-criminal, criminal and parking accounts receivable in the total amount of$185,876.67, and, of that amount, authorize $136,323.49 be turned over for collection. (c) Baseball Stadium Improvements: To approve the Professional Services Agreement with SCM Consultants, Inc., for baseball stadium design and construction services and, further, to authorize the City Manager to sign the agreement. (d) Ambulance and Emergency Medical Services Rate Study: To approve the Professional Services Agreement with HDR Engineering, Inc., for the preparation of an Ambulance and Emergency Medical Services Utility Rate Study and, further, authorize the City Manager to sign the agreement. (e) Resolution No. 2966, a Resolution urging that the Ainsworth Overpass be named in honor of Charles Kilbury. To approve Resolution No. 2966 urging the State Transportation Commission to name pp � g p the Ainsworth Overpass in honor of Charles Kilbury. (t) Resolution No. 2967, a Resolution accepting work performed by Ray Poland & Sons, under contract for the Court Street Water and Sewer Line Extension, Project Nos. 03-1-06 and 03-2-04. 1 3(a).1 MINUTES REGULAR MEETING PASCO CITY COUNCIL JULY 17, 2006 I To approve.Resolution No. 2967, accepting the work performed by Ray Poland & Sons, under contract for the Court Street Water and Sewer Line Extension, Project Nos. 03-1- . 06 and 03-2-04. (g) Appointments to Local Housing Trust Fund Oversight Committee: To appoint Joyce Olson, Rebecca Francik, Mike Garrison, and the Pasco Community & Economic Development Director to the Local Housing Trust Fund Oversight Committee. (h) July Workshop Schedule: To postpone the July 24 Workshop meeting to July 31, 2006. MOTION: Mr. Watkins moved to approve the Consent Agenda as read. Mr. Jackson seconded. Motion carried by unanimous Roll Call vote. PROCLAMATIONS AND ACKNOWLEDGMENTS: Mayor Olson presented Certificates of Appreciation for June 2006 "Yard of the Month" to: Vincent and Maria Castro, 1124 W. Margaret Street Andrea Leiby, 1739 N. 181h Avenue Jorge and Abby Sanchez, 6408 Wrigley Drive Ron and Ginger Boom, 3011 Judemein Court Mayor Olson presented a Certificate of Appreciation for June 2006 `Business of the Month Appearance Award" to: Best Western Pasco Inn& Suites, 2811 N. 20th Avenue VISITORS - OTHER THAN AGENDA ITEMS: Stan Strebel, Administrative & Community Services Director, introduced Ms. Debbie Clark, recently hired as the City Clerk/Administrative Specialist. i REPORTS FROM COMMITTEES AND/OR OFFICERS: Mr. Watkins reported he and Mayor Olson, attended a"Conflict of Interest" seminar by City Attorney, Mr. Lee Kerr. Ms. Francik attended Governor Gregoire's Town Hall Meeting. Mr. Hoffmann attended the BFCG Tri-Mats Policy Advisory Committee Meeting. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: Alley Vacation — Alley between 20th Avenue and Cartmell Street (MF #VAC-06- 010): Mr. David McDonald explained the details of the vacation. MAYOR OLSON DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE VACATION. FOLLOWING THREE CALLS FOR COMMENTS,EITHER FOR OR,AGAINST,MAYOR OLSON DECLARED THE PUBLIC HEARING CLOSED. Ordinance No. 3780, an Ordinance vacating the east/west alley abutting Block 2, Star Addition. 2 MINUTES REGULAR MEETING PASCO CITY COUNCIL JULY 17, 2006 MOTION: Mr. Watkins moved to adopt Ordinance No. 3780, vacating the east/west alley adjacent the south line of Block 2, Star Addition and, further, authorize publication by summary only. Mr. Jackson seconded. Motion carried. Street Vacation —All of Saint Fran Court (MF#VAC-06-009): Mr. David McDonald explained the details of the vacation. i Mr. Larsen recused himself from this issue due to association with the applicant. MAYOR OLSON DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE VACATION. MOTION: Mr. Garrison moved to continue the public hearing to August 7, 2006, to allow staff more time to research an easement. Mr. Watkins seconded. Motion carried. Mr. Larsen abstained. Street Vacation—Chestnut Avenue between "A" Street and "B" Street (MF#VAC- 06-011): Mr. David McDonald explained the details.of the vacation. MAYOR OLSON DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE VACATION. FOLLOWING THREE CALLS FOR COMMENTS,EITHER FOR OR AGAINST,MAYOR OLSON DECLARED THE PUBLIC HEARING CLOSED. Ordinance No. 3781, an Ordinance vacating a portion of South Chestnut Avenue. MOTION: Mr. Watkins moved to adopt Ordinance No. 3 78 1, vacating South Chestnut Street lying between "A" Street and "B" Street and, further, authorize publication by summary only. Mr. Jackson seconded. Motion carried. Street Vacation—A Portion of North California Avenue (MF 4VAC-06-008): Mr. David McDonald explained the details of the vacation. MAYOR OLSON DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE VACATION. FOLLOWING THREE CALLS FOR COMMENTS,EITHER FOR OR AGAINST,MAYOR OLSON DECLARED THE PUBLIC HEARING CLOSED. Ordinance No. 3782, an Ordinance vacating a portion of North California Avenue. MOTION: Mr. Watkins moved to adopt Ordinance No. 3782, vacating a portion of North California Avenue and, further, authorize publication by summary only. Mr. Jackson seconded. Motion carried. Street Vacation—Portions of East George Street and East Adelia Street (MF#VAC- 06-012): Mr. David McDonald explained the details of the vacation. MAYOR OLSON DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE VACATION. FOLLOWING THREE CALLS FOR COMMENTS,EITHER FOR OR AGAINST,MAYOR OLSON DECLARED THE PUBLIC HEARING CLOSED. Ordinance No. 3783, an Ordinance vacating portions of East George Street and East Adelia Street. 3 MINUTES REGULAR MEETING PASCO CITY COUNCIL JULY 17, 2006 MOTION: Mr. Watkins moved to adopt Ordinance No. 3783, vacating portions of East George Street and East Adelia Street and, further, authorize publication by summary only. Mr. Jackson seconded. Motion carried. Street Vacation—A Portion of North Fourth Avenue (MF #VAC-06-007): Mr. David McDonald explained the potential need for the subject right-of-way. MAYOR OLSON DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE VACATION. FOLLOWING THREE CALLS FOR COMMENTS,EITHER FOR OR AGAINST,MAYOR OLSON DECLARED THE PUBLIC HEARING CLOSED. MOTION:Mr. Watkins moved to deny the vacation request for a portion of North Fourth Avenue. Mr. Jackson seconded. Motion carried. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: Ordinance No. 3784, an Ordinance of the City of Pasco, Washington, Granting Cascade Natural Gas Corporation, a Washington Corporation, it successors, grantees and assigns the nonexclusive right, privilege, authority and franchise to construct, operate, maintain, remove, replace and repair existing and future pipeline facilities, together with equipment and appurtenances thereto, for the transportation and distribution of natural gas within and through the City of Pasco. MOTION: Mr. Garrison moved to adopt Ordinance No. 3784, approving the,Franchise with Cascade Natural Gas Corporation and, further, authorize publication by summary only. Mr. Jackson seconded. Motion carried by unanimous Roll Call vote. NEW BUSINESS: Special Permit: Rose Vista Hospice Center—Community Service Facility in an R-S- 12 Zone (Tri-City Chaplaincy) (MF #SP06-007): MOTION: Mr. Watkins moved to approve the Special Permit for the Rose Vista Hospice Center, as recommended by the Planning Commission. Mr. Jackson seconded. Motion carried. Special Permit: Location of a Park—Village at Pasco Heights Park—Wrigley Drive (City of Pasco) (MF #SP06-006): MOTION: Mr. Watkins moved to approve the Special Permit for the Village at Pasco Heights Park, as recommended by the Planning Commission. Mr. Jackson seconded. Motion carried. Special Permit: Location of a Park— Casa Del Sol Park—Laredo Drive (City of Pasco) (MF#SP06-005): MOTION: Mr. Watkins moved to approve the Special Permit for the Casa Del Sol Park, as recommended by the Planning Commission. Mr. Jackson seconded. Motion carried. North Burden Parks (Casa Del Sol and Village at Pasco Heights)Development, Project No. 06-6-01: MOTION: Mr. Garrison moved to award the contract for the North Burden Parks Development Project to the low bidder, Jesse's Lawn Maintenance, in the amount of $482,298.35 including sales tax, for the base bid and Alternate 3, Alternate 4 (2 units) and Alternate 5. Mr. Jackson seconded. Motion carried by unanimous Roll Call vote. Road 68 Widening West Side, Phase 1, Project No. 06-3-05: 4 MINUTES REGULAR MEETING PASCO CITY COUNCIL JULY 17, 2006 MOTION: Mr. Watkins moved to award the low bid for the Road 68 Widening West Side, Phase 1 Project No. 06-3-05 to Transtate Paving Company in the total amount of $55,175.00 and, further, authorize the Mayor to sign the contract documents. Mr. Jackson seconded. Motion carried by unanimous Roll Call vote. MISCELLANEOUS DISCUSSION: Mr. Mark MacFarlan voiced a concern about potential traffic congestion throughout the Pasco plateau. Mr. Hoffinann inquired about the General Fund Operating Statement thru June 30th ADJOURNMENT: There being no further business, the meeting was adjourned at 8:08 p.m. APPROVED: ATTEST: Joyce Olson, Mayor Sandy Kenworthy, Deputy City Clerk PASSED and APPROVED this 7t'' day of August,2006. I 5 CITY OF PASCO Council Meeting of: August 7,2006 Accounts Payable Approved The City Council City of Pasco, Franklin County,Washington We,the uni9ersigned, o­_0 ereby certify under penalty of perjury that the materials have been furnished,the services rendered the 6 or performed as described herein and that the claim is a just, due and unpaid obligat' n gainst a city d that we are authorized to authenticate and certify to said claim. Gary Clutch field, 'ty Manag r James W. C,h' se, Finance Manager rrI We,the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County,Washington, do hereby certify that the merchandise or services hereinafter specified have been received;that Wire Transfer No.s 4576,4583 and 4588 in the amount of$118,825.99, have been authorized;that Check No.s 155859 through 156194 are approved for payment in the amount of$2,488,620.17,for a combined total of$2,607,446.16 on this 7th day of August, 2006. Councilmember Councilmember SUMMARY OF CLAIMSIWIRE TRANSFERS BY FUND: GENERAL FUND: Legislative 1,398.29 Judicial 7,101.10 Executive 5,912.24 Police 320,921.52 Fire 28,801.26 Administration&Community Services 80,882.65 Community Development 97,574.17 Engineering 16,347.71 Non-Departmental 113,259.49 Library 76,258.81 TOTAL GENERAL FUND: 748,457.24 STREET 306,459.63 C. D. BLOCK GRANT 13,147.08 KING COMMUNITY CENTER 3,286.44 AMBULANCE SERVICE 39,830.76 CEMETERY 7,839.97 ATHLETIC PROGRAMS 2,613.35 SENIOR CENTER 6,023.43 MULTI MODAL FACILITY 3,481.74 RIVERSHORE TRAIL & MARINA MAIN 0.00 LITTER CONTROL 2,262.85 REVOLVING ABATEMENT 1,289.13 PARKS FUND 0.00 TRAC DEVELOPMENT 0.00 STADIUM/CONVENTION CENTER 11,926.02 SUN WILLOWS RESIDENTIAL DEVELOPMENT 0.00 METRO DRUG TASK FORCE 2,867.46 METRO DRUG FORFEITURE FUND 970.65 GENERAL CONSTRUCTION 21,939.03 WATERISEWER 1,137,847.17 EQUIPMENT RENTAL-OPERATING 41,389.92 EQUIPMENT RENTAL-REPLACEMENT 0.00 MEDICALIDENTAL INSURANCE 147,708.09 CENTRAL STORES 1,680.78 FIRE PENSIONS 7,616.64 PAYROLL CLEARING 80,422.08 LID CONSTRUCTION 18,386.70 GRAND TOTAL ALL FUNDS: $ 2,607,446.16 3(b).1 I CITY OF PASCO I Council Meeting of: Payroll Approval August 7, 2006 The City Council City of Pasco Franklin County, Washington The following is a summary of payroll claims against the City of Pasco for the month of July 2006 w c are present rewith for your review and approval. Ga D. Crutch field, City anager James W. Chalylinance Manager e,the undersigned City Council members of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify that the services represented by the below expenditures have been received and that payroll voucher No's. 34827 through 35022 and EFT deposit No's. 30011420 through 30011906 and City contributions in the aggregate amount of$1,597,228.28 are approved for payment on this 7th day of August 2006. Councilmember Councilmember SUMMARY OF PAYROLL BY FUND GENERAL FUND: Legislative $ 6,042.62 Judicial 52,216.69 Executive 37,689.51 Police 434,216.51 Fire 241,896.56 Administrative & Community Services 293,504.52 Community Development 57,112.43 Engineering 85,728.01 TOTAL GENERAL FUND 1,208,406.85 CITY STREET 31,978.20 BLOCK GRANT 11,231.27 MARTIN LUTHER KING CENTER 4,958.52 AMBULANCE SERVICE FUND 100,323.67 CEMETERY 6,777.21 ATHLETIC FUND 887.76 SENIOR CENTER 9,999.91 STADIUM OPERATIONS MULTI-MODAL FACILITY 98.67 BOAT BASIN REVOLVING ABATEMENT FUND TASK FORCE 8,276.87 WATERISEWER 193,790.25 EQUIPMENT RENTAL-OPERATING 20,499.10 GRAND TOTAL ALL FUNDS $ 1,597,228,28 Payroll Summary Net Payroll 914,608.03 Employee Deductions 388,519.06 Gross Payroll 1,303,127.09 City of Pasco Contributions 294,101.1.9 Total Payroll $ 1,597,228.28 3(b).2 AGENDA REPORT FOR: City Council July 24, 2006 TO: Gary Crutchfield, i ger Workshop Mtg.: 07/31/06 Stan Strebel r tine & Community Regular Mtg.: 08/07/06 Services c o FROM: Paul Whitemarsh, Recreation Services ManageC1 SUBJECT. Senior Center Facility and Programs Study I. REFERENCE(S): A. Proposed Agreement with Gerontological Consultants Northwest, Inc. (GCNW) 11. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 7/31: Discussion 817: MOTION: I move to approve the professional services agreement with Gerontological Consultants Northwest, Inc. and further, to authorize the City Manager to execute said agreement. III. FISCAL IMPACT: $6,570.00 IV. HISTORY AND FACTS BRIEF: A) Pasco has one of the finest Senior Centers in the state but like so many others, participation is falling off as the baby boomers are becoming the new seniors. The recreation division has been concerned for some time that participation in many of the traditional programs at the Senior Center has been declining. It is apparent that the activities such as the weekly dances, card games, china painting and pot luck dinners do not attract people as they once did. B) The Senior Center Facility is a valuable resource, but to effectively serve the community the City must develop uses and programs that will attract more active seniors. C) GCNW, a firm which specializes in senior services consulting, has the experience and capability to assist staff and the Senior Advisory Committee in evaluating current trends and programs and to assist in the development of recommendations for the future of the facility. Staff recommends approval of the agreement. 3(c) i I PROFESSIONAL SERVICES AGREEMENT i THIS AGREEMENT, made and entered into between the City of Pasco, hereinafter referred to as the "City", and Gerontological Consultants Northwest, Inc., hereinafter referred to as the "Consultant". WHEREAS, the City desires to engage the professional services and assistance of a consulting firm to perform a study of the trends and services offered at the Pasco Senior Center. NOW, THEREFORE, in consideration of mutual benefits accruing, it is agreed by and between the parties hereto as follows: 1. Scope of work. The scope of work shall include all services and material necessary to complete the work as outlined in the scope of services entitled "Pasco Senior Center Study, Phase I, Scope of Services" marked as Exhibit A, attached hereto and incorporated herein by this reference. 2. Ownership and use of documents. All research, tests, surveys,preliminary data and any and all other work product prepared or gathered by the Consultant in preparation for the services rendered by the Consultant shall not be considered public records, provided, however, that: A. All final reports, presentations and testimony prepared by the Consultant shall become the property of the City upon their presentation to and acceptance by the City and shall at that date become public records. B. The City shall have the right, upon reasonable request, to inspect, review and, subject to the approval of the Consultant, copy any work product. C. In the event that the Consultant shall default on this Agreement, or in the event that this contract shall be terminated prior to its completion as herein provided, the work product of the Consultant, along with a summary of work done to date of default or termination, shall become the property of the City and tender of the work product and summary shall be a prerequisite to final payment under this contract. The summary of work done shall be prepared at no additional cost, if the Agreement is terminated through default by the Consultant. If the Agreement is terminated through convenience by the City, the City agrees to pay Consultant for the preparation of the summary of work done. 3. Payments. The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the work. A.. Payment for work accomplished under the terms of this Agreement shall be as follows: Lump sum compensation (to include travel, meals and lodging, two trips to Pasco for meetings) in the amount of$6,570. G. C. Northwest, Inc. Senior Center Study 1 i B. All vouchers shall be submitted by the Consultant to the City for payment pursuant to the terms of this Agreement. The City shall pay the appropriate amount for each voucher to the Consultant. The Consultant may submit vouchers to the City monthly during the progress of the work for payment of completed phases of the project. Billings shall be reviewed in conjunction with the City's warrant process. C. The costs records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City for a period of three (3) years after final payment. Copies shall be made available upon request. 4. Time of performance. The Consultant shall perform the work authorized by this Agreement promptly and deliver the completed work product by October 1, 2006. 5. Hold harmless agreement. In performing the work under this contract, the Consultant agrees to defend the City, their officers, agents, servants and employees (hereinafter individually and collectively referred to as "Indemnities"), from all suits, claims, demands, actions or proceedings, and to the extent permissible by law, indemnify and hold harmless the Indemnities from A. All damages or liability of any character including in part costs, expenses and attorney fees, based upon, any negligent act, error, or omission of Consultant or any person or organization for whom the Consultant may be responsible, and arising out of the performance of professional services under this Agreement; and B. All liability, loss, damage, claims, demands, costs and expenses of whatsoever nature, including in part, court costs and attorney fees, based upon, or alleged to be based upon, any act, omission, or occurrence of the Consultant or any person or organization for whom the Consultant may be responsible, arising out of, in connection with, resulting from or caused by the performance or failure of performance of any work or services other than professional services under this Agreement, or from conditions created by the Consultant in the performance or non-performance of said work or service, regardless of whether or not caused in part by the party indemnified hereunder. 6. General and professional liability_insurance. The Consultant shall secure and maintain in full force.and effect during performance of all work pursuant to this contract a policy of comprehensive general liability insurance providing coverage of at least $500,000 per occurrence and $1,000,000 aggregate for personal injury; $500,000 per occurrence and aggregate for property damage; and professional liability insurance in the amount of $1,000,000. Such general liability policies shall name the City as an additional insured and shall include a provision prohibiting cancellation of said policy, except upon thirty (30) days written notice to the City. The City shall be named as the certificate holder on the general liability insurance. Certificates of coverage shall be delivered to the City within fifteen (15) days of execution of this Agreement. 7. Discrimination prohibited. Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, age, sex, national origin or physical handicap. G. C. Northwest, Inc. Senior Center Study 2 i i I I I I I I i i I 8. Consultant is an independent contractor. The parties intend that an independent contractor relationship will be created by this Agreement. No agent, employee or representative of the Consultant shall be deemed to be an agent, employee or representative of the City for any purpose. Consultant shall be solely responsible for all acts of its agents, employees, representatives and sub-consultants during the performance of this contract. 9. City approval. Notwithstanding the Consultant's status as an independent contractor, results of the work performed pursuant to this contract must meet the approval of the City. I 10. Termination. This being an Agreement for professional services, either party may terminate this Agreement for any reason upon giving the other party written notice of such termination no fewer than ten (10)days in advance of the effective date of said termination. 11: General Provisions. For the purpose of this Agreement, time is of the essence. Should any dispute arise concerning the enforcement, breach or interpretation of this Agreement, venue shall be placed in Franklin County, Washington, the laws of the State of Washington shall apply, and the prevailing parties shall be entitled to its reasonable attorney's fees and costs. 12. Inteeration. The Agreement between the parties shall consist of this document and the Consultant's proposal attached hereto. These writings constitute the entire Agreement of the parties and shall not be amended except by a writing executed by both parties. In the event of any conflict between this written Agreement and any provision of Exhibit A, this Agreement shall control. 13. Non-waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 14. Non-assignable. The services to be provided by the contractor shall not be assigned or subcontracted without the express written consent of the City. 15. Covenant against contingent fees. The Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award of making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee; commission, percentage, brokerage fee, gift, or contingent fee. G. C. Northwest, Inc. Senior Center Study 3 16. Notices. Notices to the City of Pasco shall be sent to the following address: CITY OF PASCO P. O. BOX 293 PASCO, WA 99301 Notices to the Consultant shall be sent to the following address: G. C. Northwest, Inc. Donna Shewey, President 2221 SW I"Avenue, Suite 625 Portland, OR 97201 Receipt of any notice shall be deemed effective three (3) days after deposit of written notice in the U. S. mails, with proper postage and properly addressed. DATED THIS DAY OF ,2006 CITY OF PASCO CONSULTANT: G. C. Northwest, Inc. By: By: City Manager Title: G. C. Northwest, Inc. Senior Center Study 4 Exhibit "A" City of Pasco Washington Pasco Senior Center Study Phase I Scope of Services The proposed GCNW scope of work for Phase I of the City of Pasco Senior Center Study will provide sufficient collection of data,research, review and community input for the Senior Center Advisory Board to make recommendations to the City Council on the future direction of the Pasco Senior Center. The attached fee estimate is based on the following scope of work. Task 1 Review Inventory of current Senior Center Programs and Activities Task 2 Analyze who the present clientele(customer) is and address potential changes in the coming years Task 3 Research and review National Senior Center Trends, especially in the Pacific Northwest and compare to the Pasco Senior Center Task 4 Analyze Demographics of the City of Pasco and the surrounding area and address how they will impact the Pasco Senior Center now and in the future Task 5 Conduct a visioning session and one follow up meeting after report preparation with the Pasco Senior Center hoard, staff and community volunteers who participated in the visioning session Task 6 Address key community partners who have or should have interest in the Pasco Senior Center Task 7 Complete a written report addressing each of the above tasks and include recommendations from the board visioning session and GCNW findings. AGENDA REPORT FOR: City Counci July 19, 2006 TO: Gary Crutch 1 i Manager Workshop Mtg.: 07/31/06 FROM: Gregory L. G cia, Fire Chief Regular Mtg.: 08/07/06 SUBJECT: Replace a 1988 Rescue/Grass Fire Truck L REFERENCE(S): II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 7/31: Discussion 8107: MOTION: I move to authorize purchase of a replacement rescue vehicle to be expended against the Equipment Replacement Reserve. j III. FISCAL IMPACT: $98,000 expenditure IV. HISTORY AND FACTS BRIEF: A) The current Rescue/Grass fire truck was manufactured in 1988 which will make it 19 years old next year. Typically this type of vehicle is replaced after 15 years. However, because it has not been driven long distances, the department has, maintained the vehicle beyond its typical life. B) The current rescue truck also is a grass firefighting vehicle and with the growth in the City (reduction in expansive dry grass areas), staff has determined that we no longer need two grass firefighting vehicles. In 2002, we replaced the cab and chassis of the primary grass truck, which made it a like-new vehicle. It would now be more beneficial to have a regular rescue vehicle because of the increased traffic on the streets and highways. V. DISCUSSION: A) After researching the type of vehicle that would be appropriate it was determined that a heavy duty vehicle with a utility body would be better than having a combination grass firefighting truck with the rescue equipment on board. The vehicle would be lighter, faster and be able to carry the proper rescue equipment on board. A combination vehicle limits the amount of rescue equipment that can be carried on board. B) There are sufficient funds in the Vehicle replacement Fund to purchase a new rescue vehicle and to mount all of the necessary rescue equipment this year. Staff is requesting permission to expend the funds to purchase the new rescue vehicle this year. 3(d) II AGENDA REPORT NO. 26 I I FOR: City Council July 24, 2006 TO: Gary Crutch i Manager Regular Mtg: August 7, 2006 Robert J. Alb nE orks Director FROM: Doug Bramlette, City Enginee SUBJECT: Accept Road 68 Widening East Side, Project# 05-3-10 1. REFERENCE(S): 1. Resolution II. ACTION REQUESTED OF COUNCIUSTAFF RECOMMENDATIONS: 08/07: Motion: I move to approve Resolution No.o)5�&19 accepting the work performed by Inland Asphalt under contract for the Road 68 Widening East Side, Project#05-3-10. III. FISCAL IMPACT: Arterial Street Fund IV. HISTORY AND FACTS BRIEF: On July 18, 2005, the City Council awarded the Road 68 Widening East.Side, Project#05-3-10 to Inland Asphalt in the amount of$185,750.00. The final cost of the project was $210,215.22. The additional cost is due to adding approximately 200' of widening extending to the WSDOT Limited Access Line. Also, approximately $11,000.00 was added to the cost for widening at the Road 68 and Rodeo Drive intersection. The work is now complete and staff recommends acceptance of the work. V. ADMINISTRATIVE ROUTING Project File 3(e) i I I RESOLUTION NO. 0 A RESOLUTION ACCEPTING WORK PERFORMED BY INLAND ASPHALT UNDER CONTRACT FOR THE ROAD 68 WIDENING EAST SIDE, PROJECT# 05-3-10. WHEREAS, the work performed by INLAND ASPHALT, under contract for the Road 68 Widening East Side, Project #05-3-10, has been examined by Engineering and has been found to be in apparent compliance with the applicable project specifications and drawings, and WHEREAS, it is Engineering recommendation that the City of Pasco formally accept the contractor's work and the project as complete; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, that the City Council concurs with Engineering recommendation and thereby accepts the work performed by Inland Asphalt under contract for the Road 68 Widening East Side Project #05-3-10, as being completed in apparent conformance with the project specifications and drawings, and Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington State Department of Revenue of this acceptance, and Be It Further Resolved, that the final payment of retainage being withheld pursuant to applicable laws, regulations and administrative determination shall be released upon satisfaction of same and verification thereof by the Public Works Director and Finance Manager. PASSED by the City Council of the City of Pasco this 7th day of August, 2006. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy Leland B. Kerr Deputy City Clerk City Attorney AGENDA REPORT NO. 25 FOR: City Council July 24, 2006 TO: Gary Crutchfi l Manager Regular Mtg: August 7, 2006 Robert J. Albe e-W-orks Director FROM: Doug Bramlette, City Engineer SUBJECT: Accept 2006 Handicap Ramps Project# 06-3-01 I. REFERENCE(S): 1. Resolution II. ACTION REQUESTED OF COUNCIUSTAFF RECOMMENDATIONS: 08107: Motion: I move to approve Resolution No. 42/e accepting the work performed by Classic Concrete Design under contract for the 2006 Handicap Ramps, Project#06-3-01. III. FISCAL IMPACT: HUD Funds IV. HISTORY AND FACTS BRIEF: On March 6, 2006, the City Council awarded the 2006 Handicap Ramps, Project #06-3-01 to Classic Concrete Design in the amount of$75,400.00. The final cost of the project was $78,400.00. The increase in costs was due to adding three additional ramps. This project also finished the City handicap ramp program. The work is now complete and staff recommends acceptance of the work. i V. ADMINISTRATIVE ROUTING Project File 3(f) RESOLUTION NO. jP A RESOLUTION ACCEPTING WORK PERFORMED BY CLASSIC CONCRETE DESIGN UNDER CONTRACT FOR THE 2006 HANDICAP RAMP PROJECT#06-3-01. WHEREAS, the work performed by CLASSIC CONCRETE DESIGN, under contract for the 2006 Handicap Ramps Project #06-3-01, has been examined by Engineering and has been found to be in apparent compliance with the applicable project specifications and drawings, and WHEREAS, it is Engineering recommendation that the City of Pasco formally accept the contractor's work and the project as complete; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, that the City Council concurs with Engineering recommendation and thereby accepts the work performed by Classic Concrete Design under contract for the 2006 Handicap Ramp Project #06-3-01, as being completed in apparent conformance with the project specifications and drawings, and Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington State Department of Revenue of this acceptance, and Be It Further Resolved, that the final payment of retainage being withheld pursuant to applicable laws, regulations and administrative determination shall be released upon satisfaction of same and verification thereof by the Public Works Director and Finance Manager. PASSED by the City Council of the City of Pasco this 7th day of August, 2006. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy Leland B. Kerr Deputy City Clerk City Attorney i AGENDA REPORT NO. 27 FOR: City Council July 24, 2006 TO: Gary Crutchfiel i anager Regular Mtg: August 7, 2006 Robert J.Albe Works Director FROM: Doug Bramlette, City Engineer Al SUBJECT: Accept Sylvester Street Water Main Improvements, Project# 05-2-02 I. REFERENCE(S): 1. Resolution IL ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 08/07: Motion: I move to approve Resolution No.6?M accepting the work performed by Watts Construction, Inc. under contract for the Sylvester Street Water Main Improvements, Project#05-2-02. III. FISCAL IMPACT: Utility Fund IV. HISTORY AND FACTS BRIEF: On June 16, 2005, the City Council awarded the Sylvester Street Water Main Improvements, Project #05-2-02 to Watts Construction Inc. in the amount of $434,638.23. The final cost of the project was $425,431.08. The work is now complete and staff recommends acceptance of the work. V. ADMINISTRATIVE ROUTING Project File 3(9) RESOLUTION NO. �� A RESOLUTION ACCEPTING WORK PERFORMED BY WATTS CONSTRUCTION, INC. UNDER CONTRACT FOR THE SYLVESTER STREET WATER MAIN IMPROVEMENTS, PROJECT#05-2-02. WHEREAS, the work performed by WATTS CONSTRUCTION, INC., under contract for the Sylvester Street Water Main Improvements, Project #05-2-02, has been examined by Engineering and has been found to be in apparent compliance with the applicable project specifications and drawings, and WHEREAS, it is Engineering recommendation that the City of Pasco formally accept the contractor's work and the project as complete; NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, that the City Council concurs with Engineering recommendation and thereby accepts the work performed by Watts Construction, Inc. under contract for the Sylvester Street Water Main Improvements, Project #05-2-02, as being completed in apparent conformance with the project specifications and drawings, and Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington State Department of Revenue of this acceptance, and Be It Further Resolved, that the final payment of retainage being withheld pursuant to applicable laws, regulations and administrative determination shall be released upon satisfaction of same and verification thereof by the Public Works Director and Finance Manager. PASSED by the City Council of the City of Pasco this 7th day of August, 2006. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy Leland B. Kerr Deputy City Clerk City Attorney AGENDA REPORT NO. 28 FOR: City Council July 24, 2006 TO: Gary Crutchfi ity anager Regular Mtg: August 7, 2006 Robert J. Albe �llir.-Works Director FROM: Doug Bramlette, City Engineer4?5 SUBJECT: Accept West"A" Street Sewer Line & Water Line Replacement, Project# 03-1-05 & 04-2-02 I. REFERENCE(S): 1. Resolution II. ACTION REQUESTED OF COUNCIUSTAFF RECOMMENDATIONS: 08107: Motion: I move to approve Resolution No. accepting the work performed by Rotschy, Inc. under contract for the West"A" Street Sewer Line& Water Line Replacement, Project#03-1-05 & 04-2-02. III. FISCAL IMPACT: Utility Fund I IV. HISTORY AND FACTS BRIEF: On December 20, 2004, the City Council awarded the West "A" Street Sewer Line & Water Line Replacement, Project #03-1-05 & 04-2-02 to Rotschy Inc. in the amount of $435,689.28. The final cost of the project was $508,089.47. The additional cost was due to work needed and not identified during design. This work included: additional sewer and water services to new properties built during construction of this project, unmarked utilities, exploratory excavation to. locate and connect new sewer services, repair broken storm drain line, as well as installation of handicap devices in sidewalks. Total cost for this work was $72, 400.00. The work is now complete and staff recommends acceptance of the work. V. ADMINISTRATIVE ROUTING Project File 3(h) RESOLUTION NO. �� A RESOLUTION ACCEPTING WORK PERFORMED BY ROTSCHY, INC. UNDER CONTRACT FOR THE WEST "A" STREET SEWER LINE & WATER LINE REPLACEMENT, PROJECT# 03-1-05 & 04-2-02. WHEREAS, the work performed by WATTS CONSTRUCTION, INC., under contract for the Sylvester Street Water Main Improvements, Project#03-1-05 & 04-2-02, has been examined by Engineering and has been found to be in apparent compliance with the applicable project specifications and drawings, and WHEREAS, it is Engineering recommendation that the City of Pasco formally accept the contractor's work and the project as complete; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, that the City Council concurs with Engineering recommendation and thereby accepts the work performed by Watts Construction, Inc. under contract for the West "A" Street Sewer Line & Water Line Replacement, Project#03-1-05 & 04-2-02, as being completed in apparent conformance with the project specifications and drawings, and Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington State Department of Revenue of this acceptance, and Be It Further Resolved, that the final payment of retainage being withheld pursuant to applicable laws, regulations and administrative determination shall be released upon satisfaction of same and verification thereof by the Public Works Director and Finance Manager. PASSED by the City Council of the City of Pasco this 7th day of August, 2006. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy Leland B. Kerr Deputy City Clerk City Attorney AGENDA REPORT NO. 69 FOR: City Council DATE: 7/19/06 TO: Gary Crutchfie anager WORKSHOP: or REGULAR: 8/7/06 Richard J. Smit , Director Community an Economic Development FROM: David 1. McDonald, City PlannerTx__P_� SUBJECT: EASEMENT VACATION- Public utility easement in Block 120 of Pasco Land Company's First Add (Southwest corner of Oregon & Lewis) (MF #VAC-06-013) I. REFERENCE(SI: A. Proposed Resolution and Vicinity Map B. Vacation Petition II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No.60'11�P- fixing 7:00 PM, September 5, 2006 as the time and date for a public hearing to consider the proposed vacation. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. The owners of the vacant parcel at 104 South Oregon Avenue have submitted a petition requesting vacation of a utility easement that runs through their property. The vacation is being requested to facilitate development of a strip mall on the property. B. The petition requires the City Council to fix a public hearing to consider the vacation request. The earliest regular City Council meeting available for a public hearing, which provides the statutory 20-day hearing notice, is September 5, 2006. V. DISCUSSION: VI. ADMINISTRATIVE ROUTING: 3(i) I i RESOLUTION NO. I A RESOLUTION FIXING THE TIME AND DATE FOR A PUBLIC HEARING TO CONSIDER THE VACATION OF THE UTILITY EASEMENTS IN BLOCK 120 PASCO LAND COMPANYS FIRST ADDITION. i WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City, the City Council may vacate rights-of-way; and WHEREAS, R.C.W. 35.79 requires public hearings on vacations to be fixed .by Resolution, NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: That a public hearing to consider vacating the 20 foot wide easement paralleling the south line of Lots 1-10, Block 120, Pasco Land Company's Addition and the 20 foot wide north /south easement centered between Lots 11-22, Block 120, Pasco Land Company's First Addition, will be held before the City Council of the City of Pasco in the Council Chambers of the City Hall, 525 North 3rd Avenue, Pasco, Washington, at the hour of 7:00 p.m., on the 5th day of September, 2006. That the City Clerk of the City of Pasco give notice of said public hearing as required by law. PASSED by the City Council of the City of Pasco this 7th day of August, 2006. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy Leland B. Kerr Deputy City Clerk City Attorney I i Vicinity Map Item: Vacation of Utility Easement N Applicant: Greg Jones File #: VAC 06-013 ' S1 Easement to be Vacated FEE $200 MASTER FILE # VAC 06- r7 f 3 DATE SUBMITTED: ob CITY OF PASCO STREET / ALLEY VACATION PETITION I, we the undersigned, owners of two-thirds of the privately owned abutting property hereby petition the City Council of the City of Pasco to vacate the following described street/alley rights-of-way: SCM Aixmi"rFc75 IFdr, -jnsoo AR,cr4 1"0 C CADS GA,s LioFs I 793-rb At,41 04 FS"T PowLS C a CI c1Z 14A H H�25TAO c A ' o u GA G caj, 3$ - 223 r—PLL 783 7361 ©FRGr _ APPLICANT: PROPERTY OWNED (Legal Description) Print Name: G R E Sign Name: La"i5 [ 7i4R9LtG14 ZZ) rryCLUS114� Address: 362:-L Nu��Eck ociz 12c 'PAsco LANV CoHr;rat�.c Phone # X65 5°1 D to -7-)9- 04 J Q„►G 1 v IMF F,es;ADD TiMI/ f yr-P_EoF RECOI.QiSD IIJ Print Name: C- Pr h s . r 32 Sign Name: To GF'ilaifn u�r�Ir Date rRA1�Ill 0 Co . fF Print Name: u)r=s; Lrt.IF or J'4 F, 0Q-t'll -Gvq-,Il Sign Name: ALl1=y BLW- 1-x'0 (°RV. 1 d Date Aun, 1 IL F S 378sW, A"4 rra d c, 1 G z� Ao v F a"� 313,31-1 j'b art-III i:it 14) NO2I SWIM �,r F1' r- F % AtuirV A .L =�l A N b 4oPz�N fll;`ir+ u'1risi LrNr= ( 00D 326?) F1LF�_ Jq TO sq CoMMOM I-y 610 cV;a AS AGENDA REPORT NO. 75 FOR: City Council DATE: 8/2/06 TO: Gary Crutch*dconomic y anager WORKSHOP: Richard J. Sector REGULAR: 8/7/06 Community Development FROM: David 1. McDonald, City Planner SUBJECT: STREET VACATION- All of Saint Fran Ct. (MF #VAC-06-009) I. REFERENCES : A. Vicinity Map II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: Conduct Public Hearing: (the original hearing was continued to 8/7/06) MOTION: I move to deny the request for vacation of Saint Fran Court. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. The new owners of the parcel of land located at the northwest corner of Argent Rd and Road 68 have submitted a petition requesting vacation of Saint Fran Court.. The vacation is being requested to prepare the property for a future commercial strip center. B. The City Council conducted the initial hearing on this matter during the July 17th regular meeting.. As a result of the July 17th discussions the council continued the public hearing to the August 71h regular meeting. V. DISCUSSION: The proposed vacation was reviewed by utility providers. Franklin County PUD has requested the retention of a 10 foot utility easement along the western edged of Saint Fran Court. Qwest and Cascade Gas do not need easements. The Public Works Department has taken a second look at the proposed vacation is recommendin g that the vacation be denied. There are two issues of concern. First, the Saint Fran Court right-of-way, when improved, will provide access to the parcel to the north whereas access is currently obtained through a recorded easement. Secondly the future construction of Saint Fran Court will help limit access to Road 68. As the community grows and Road 68 becomes more congested it will be important to control or limit access to Road 68. VI. ADMINISTRATIVE ROUTING: 7(a) Vicinity Map Item: Street Vacation Applicant: Road 68 Joint Venture File #: VAC 06-009 N VALLEY VIEW PL A/wpRE�1) '730 J Area to be Vacated 0 ARG a E T RD J a C) T L a � 0 a a n I I I I AGENDA REPORT NO. 71 FOR: City Council Date: August 3, 2006 TO: Gary Crutchfi ty Manager Regular: 08/07/06 FROM: Richard J. Sm th, Director Community 8v Economic Dealent SUBJECT: Historic Preservation Ordinance I. REFERENCE(S): A. Historic Preservation Ordinance II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 08/07/06: MOTION: I move to adopt Ordinance No. , amending the Pasco Municipal Code by creating a new Title 27 entitled Historic Preservation and, further, to authorize publication by summary only. I1I. FISCAL IMPACT None. IV. HISTORY AND FACTS BRIEF: A. In late May, Brad Peck, owner of the Moore Mansion, submitted a letter asking that the City seek designation as a "Certified Local Government (CLG) for historic preservation. Such a designation would make the City eligible for State grants and owners of historic properties eligible to participate in the State's special valuation tax program which would reduce"property taxes incurred as a result of the restoration of historic properties. B. Staff recommended that Council consider an abbreviated historic preservation ordinance which would allow the City to process special valuation requests for properties now on the National Register of Historic Places (Moore Mansion) and form a Historic Preservation Committee which would educate the public and build support for a more comprehensive.preservation program. This is the approach that Walla Walla used to establish their historic preservation program which now has full CLG status. C. The City Council reviewed a draft ordinance at the July 10 and 31, 2006 workshops. V. DISCUSSION A. A few minor editorial changes were made to the ordinance per comments from the State Historic Preservation Office, Brad Peck,. and the City Attorney. Also, Section 27.090.050 was modified to clarify that any costs incurred in evaluating special valuation requests would first be mutually, agreed on by the Commission and applicant. The applicant will be responsible for these costs. Also, Section 27.080.010(2) was modified to require that special tax valuation applications must be received prior to October 1st in order to be reviewed and approved by December 31St. B. If the City Council approves this ordinance on August 7th, the next step would be to solicit for members of the Historic Preservation Committee. Staff would contact such organizations as the Franklin Historical Society and Railroad Historical Society as well as advertising through normal channels for Board/Commission appointments. S(a) ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington, creating a new Title 27 "Historic Preservation" providing for the establishment of the City of Pasco Historic Preservation Commission; and determining the procedure for properties to enter into a Historic Preservation Special Valuation Agreement. WHEREAS, the State of Washington has established a Special Valuation. program for the renovation of certain Historic Properties within the State; and WHEREAS, the State of Washington requires that the City establish a local review board to evaluate properties for inclusion into the Special Valuation Program; and WHEREAS, the City wishes to establish a Commission which will educate the pubic with regard to the historic resources within the community; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That a new Title 27 entitled "Historic Preservation" of the Pasco Municipal Code shall be and hereby is enacted and shall read as follows: TITLE 27 HISTORIC PRESERVATION CHAPTER 27.040 PURPOSE..............................................:................... 1 CHAPTER 27.050 SHORT TITLE. ...........................................................2. CHAPTER 27.060 DEFINITIONS ............................................................2 CHAPTER 27.070 CITY OF PASCO HISTORIC PRESERVATION COMMISSION .......................................................................................4 CHAPTER 27.080 REVIEW AND MONITORING OF PROPERTIES FOR SPECIAL PROPERTY TAX VALUATION...................................................................6 CHAPTER 27.090 CRITERIA ......................................................... . .....8 CHAPTER 27.100 AGREEMENT............................................................9 CHAPTER 27.110 APPEALS ..................................................................9 CHAPTER 27.040 PURPOSE. 27.040.010 PURPOSE. The purpose of this ordinance is to provide for the identification, evaluation, designation, and protection of designated historic and prehistoric resources within the boundaries of the City of Pasco and preserve and rehabilitate eligible historic properties within the City of Pasco for i I i i future generations through special valuation, a property tax incentive, as provided in Chapter 84.26 RCW in order to: 1) Safeguard the heritage of the City of Pasco as represented by those buildings, districts, objects, sites and structures which reflect significant elements of Pasco's history; 2) Foster civic and neighborhood pride in the beauty and accomplishments of the past, and a sense of identity based on Pasco's history; 3) Stabilize or improve the aesthetic and economic vitality and values of such sites, improvements and objects; 4) Assist; encourage and provide incentives to private property owners for preservation, restoration, redevelopment and use of outstanding historic buildings, districts, objects, sites and structures; 5) Promote and facilitate the early identification and resolution of conflicts between preservation of historic resources and alternative uses; and, 6) Conserve valuable material and energy resources by ongoing use and maintenance of the existing built environment. CHAPTER 27.050 SHORT TITLE. 27.050.010 SHORT TITLE. The following sections shall be known and may be cited as the "Special Valuation for Historic Properties Ordinance of the City of Pasco." CHAPTER 27.060 DEFINITIONS 27.060.005 DEFINITIONS. The following words and terms when used in this ordinance shall mean as follows, unless a different meaning clearly appears from the context: 27.060.010 CITY OF PASCO HISTORIC PRESERVAION COMMISSION. "City of Pasco Historic Preservation Commission", or "Commission" means the Commission created in Section 27.070.010 herein. 27.060.020 ACTUAL COST OF REHABILITATION. "Actual Cost of Rehabilitation means costs incurred within twenty-four months prior to the date of application and directly resulting from one or more of the following: a) improvements to an existing building located on or within the perimeters of the original structure; or b) improvements outside of but directly attached to the original structure which are necessary to make the building fully useable but shall not include rentable/habitable floor-space attributable to new construction; or c) architectural and engineering services attributable to the design of the improvements; or d) all costs defined as "qualified rehabilitation expenditures" for purposes of the federal historic preservation investment tax credit. 27.060.030 BUILDING. A "building" is a structure constructed by human beings. This includes both residential and nonresidential buildings, main and accessory buildings. 27.060.040 CLASS OF PROPERTIES ELIGIBLE TO APPLY FOR SPECIAL VALUATION IN THE CITY OF PASCO. "Class of properties eligible to apply for Special Valuation in the City of Pasco" means properties listed on the National Register of Historic Places or certified as contributing to. a National Register Historic District which have been substantially rehabilitated at a cost and within a time period which meets the requirements set forth in Chapter 84.26 RCW. 27.060.050 COST. "Cost" means the actual cost of rehabilitation, which cost shall be at least twenty-five percent of the assessed valuation of the historic property, exclusive of the assessed value attributable to the land, prior to rehabilitation. 27.060.060 EMERGENCY REPAIR. "Emergency repair" means work necessary to prevent destruction or dilapidation to real property or structural appurtenances thereto immediately threatened or damaged by fire, flood, earthquake or other disaster. 27.060.070 HISTORIC PROPERTY. "Historic property" means real property together with improvements thereon, except property listed in a register primarily for objects buried below ground, which is listed on the National Register of Historic Places. 27.060.080 LOCAL REVIEW BOARD. "Local Review Board", or "Board" used in Chapter 84.26 RCW and Chapter 254-20 WAC for the special valuation of historic properties means the Commission created in Section 27.070.010 herein. 27.060.090 NATIONAL REGISTER OF HISTORIC PLACES. "National Register of Historic Places" means the national listing of properties significant to our cultural history because of their documented importance to our history, architectural history, engineering, or cultural heritage. 27.060.100 OWNER. "Owner" of property is the owner of record as exists on the Franklin County Assessor's records. 27.060.110 SPECIAL VALUATION. "Special Valuation for Historic Properties" or "Special Valuation" means the local option program which when implemented makes available to property owners a special tax valuation for rehabilitation of historic properties under which the assessed value of an eligible historic property is determined at a rate that excludes, for up to ten years, the actual cost of the rehabilitation. (Chapter 84.26 RCW). 27.060.120 STRUCTURE. A "structure" is a work made up of interdependent and interrelated parts in a definite pattern of organization. Generally constructed by man, it is often an engineering project. 27.060.130 WASHINGTON STATE ADVISORY COUNCIL'S STANDARDS FOR THE REHABILITATION AND MAINTENANCE OF HISTORIC PROPERTIES. "Washington State Advisory Council's Standards for the Rehabilitation and Maintenance of Historic Properties" or "State Advisory's Council's Standards" means the rehabilitation and maintenance standards used by the City of Pasco Historic Preservation Commission as minimum requirements for determining whether or not an historic property is eligible for special valuation and whether or not the property continues to be eligible for special valuation once it has been so classified. CHAPTER 27.070 CITY OF PASCO HISTORIC PRESERVATION COMMISSION 27.070.010 CREATION AND SIZE. There is hereby established a City of Pasco Historic Preservation Commission, consisting of five (5) members, as provided in Sections 27.070.020 and 27.070.030 below. Members of the City of Pasco Historic Preservation Commission shall be appointed by the Mayor and approved by the Pasco City Council and shall be residents or own property in the City of Pasco, except as provided in Section 27.070.020(2) below. 27.070.020 COMPOSITION OF THE COMMISSION. 1) All members of the Commission must have a demonstrated interest and competence in historic preservation and possess qualities of impartiality and broad judgment. 2) The commission shall always include at least two (2) professionals who have experience in identifying, evaluating, and protecting historic resources and are selected from among the disciplines of architecture, history, architectural history, planning, prehistoric and historic archaeology, folklore, cultural anthropology, curatorship, conservation, landscape architecture, or related disciplines. The Commission action that would otherwise be valid shall not be rendered invalid by the temporary vacancy of one or all of the professional positions. Furthermore, exception to the residency requirement of Commission members may be granted by the Mayor and City Council in order to obtain representatives from these disciplines. 3) In making appointments, the Mayor may consider names submitted from any source. 27.070.030 TERMS. The original appointment of members to the Commission shall be as follows: two (2) for two (2) years; two (2) for three (3) I I I, I I i I years; and one (1) for four (4) years. Thereafter, appointments shall be made for a three (3) year term. Vacancies shall be filled by the Mayor for the unexpired term in the same manner as the original appointment. 27.070.040 POWERS AND DUTIES. 1) Responsibility. The major responsibility of the Historic Preservation Commission is to identify and actively encourage the conservation of Pasco's historic resources by reviewing National Register properties applying for Special Tax Valuation; to raise community awareness of Pasco's history and historic resources; and to serve as the City of Pasco's primary resource in matters of history, historic planning, and preservation. In carrying out these responsibilities, the .Historic Preservation Commission shall engage in the following: a) Conduct all Commission meetings in compliance with Chapter 42.30 RCW, Open Public Meetings Act, to provide for adequate public participation and adopt standards in its rules to guide this action. b) Participate in, promote and conduct public information, educational and interpretive programs pertaining to historic and prehistoric resources. c) Establish liaison support, communication and cooperation with federal, state, and other local government entities which will further historic preservation objectives, including public education, . within the City of Pasco. d) Review and comment to the Pasco City Council on land use, housing and redevelopment, municipal improvement and other types of planning and programs undertaken by any agency of the City of Pasco, other neighboring communities, the Franklin County, the State or Federal governments, as relate to historic resources of the City of Pasco. e) Advise the Pasco City Council and the Mayor generally on matters of Pasco's history and historic preservation. f) Perform other related functions assigned to the Commission by the Pasco City Council or the Mayor. g) Provide information to the public on methods of maintaining and rehabilitating historic properties. This may take the form of pamphlets, newsletters, workshops, or similar activities. h) Officially recognize excellence in the rehabilitation of historic buildings, structures, sites and districts, and new construction in historic areas; and encourage appropriate measures for such recognition. i) Be informed about and provide information to the public and City of Pasco departments on incentives for preservation of historic resources including legislation, regulations and codes which encourage the use and adaptive reuse of historic properties. j) Investigate and report to the Pasco City Council on the use of various federal, state, local or private funding sources available to promote historic resource preservation in Pasco. k) Serve as the local review board for Special Valuation and: 1. Make determinations concerning the eligibility of historic properties for special valuation; 2. Verify that the improvements are consistent with the Washington State Advisory Council's Standards for Rehabilitation and Maintenance: 3. Enter into agreements with property owners for the duration of the special valuation period as required under.WAC 254- 20-070(2); 4. Approve or deny applications for special valuation; 5. Monitor the property for continued compliance with the agreement and statutory eligibility requirements during the 10 year special valuation period; and 6. Adopt bylaws and/or administrative rules and comply with all other local review board responsibilities identified in Chapter 84.26 RCW. 1) The Commission shall adopt rules of procedure to address their responsibilities under this ordinance. 27.070.050 COMPENSATION. All members shall serve without compensation. 27.070.060 RULES AND OFFICERS The Commission shall establish and adopt its own rules of procedure, and shall select from among its membership a chairperson and such other officers as may be necessary to conduct the Commission's business. 27.070.070 COMMISSION STAFF. Commission and professional staff assistance shall be provided by the Director of Community & Economic Development with additional assistance and information to be provided by other City of Pasco departments as may be necessary to aid the Commission in carrying out its duties and responsibilities under this ordinance. CHAPTER 27.080 REVIEW AND MONITORING OF PROPERTIES FOR SPECIAL PROPERTY TAX VALUATION 27.080.010 TIME LINES. 1) Applications shall be forwarded to the Commission by the Franklin County Assessor within ten (10) calendar days of filing. 2) Applications shall be reviewed by the Commission before December 31 of the calendar year in which the application is made provided that the application is received prior to October 1. i I i 3) Commission decisions regarding the applications shall be certified in writing and filed with the Franklin County Assessor within ten (10) calendar days of issuance. 27.080.020 PROCEDURE. 1) The Franklin County Assessor forwards the application(s) to the Commission. 2) The Commission reviews the application(s), consistent with its rules of procedure, and determines if the application(s) are complete and if the properties meet the criteria set forth in WAC 254-20-070(1) and listed in Section 27.090.030 of this ordinance. a. If the Commission finds the properties meet all the criteria, then, on behalf of the City of Pasco, it enters into a Historic Preservation Special Valuation Agreement (set forth in WAC 254-20-120 and in Section 27.100 of this ordinance) with the owner. Upon execution of the agreement between the owner and Commission, the Commission approves the application(s) b. if the Commission determines the properties do not meet all the criteria, then it shall deny the application(s). 3) The Commission certifies its decisions in writing and states the facts upon which the approvals or denials are based and files copies of the certifications with the Franklin County Assessor. 4) For approved applications: a. The Commission forwards copies of the agreements, applications, and supporting documentation (as required by WAC 254-20-090 (4) and identified in Section 27.090.020 of this ordinance) to the Franklin County Assessor, b. Notifies the state review board that the properties have been approved for special valuation, and c. Monitors the properties for continued compliance with the agreements throughout the 10-year special valuation period. 5) The Commission determines, in a manner consistent with its rules of procedure, whether or not properties are disqualified from special valuation either because of: a. The owner's failure to comply with the terms of the agreement, or b. Because of a loss of historic value resulting from physical changes to the building or site. c. For disqualified properties, in the event that the Commission concludes that a property is no longer qualified for special valuation, the Commission shall notify the owner, assessor, and state review board in writing and state the facts supporting its findings. CHAPTER 27.090 CRITERIA 27.090.010 HISTORIC PROPERTY CRITERIA: The class of historic property eligible to apply for Special Valuation in City of Pasco means properties listed on the National Register of Historic Places which have been substantially rehabilitated at a cost and within a time period which meets the requirements set forth in Chapter 84.26 RCW. 27.090.020 APPLICATION CRITERIA: Complete applications shall consist of the following documentation: 1) A legal description of the historic property, 2) Comprehensive exterior and interior photographs of the historic property before and after rehabilitation, 3) Architectural plans or other legible drawings depicting the completed rehabilitation work, and 4) A notarized affidavit attesting to the actual cost of the rehabilitation work completed prior to the date of application and the period of time during which the work was performed and documentation of both to be made available to the commission upon request, and 5) For properties located within historic districts, in addition to the standard application documentation, a statement from the Secretary of the Interior or Pasco Director of Community and Economic Development, indicating the property is a certified historic structure is required. 6) Any other documents that the Commission needs to evaluate the request. All costs shall be the responsibility of the applicant. 27.090.030 PROPERTY REVIEW CRITERIA. In its review the Commission shall determine if the properties meet all the following criteria: 1) The property is historic property; 2) The property is included within a class of historic property determined eligible for Special Valuation by the City of Pasco under Section 27.080.020 of this ordinance; 3) The property has been rehabilitated at a cost which meets the definition set forth in RCW 84.26.020(2) (and identified in Section 27.060.020 of this ordinance) within twenty-four months prior to the date of application; and the property has not been altered in any way which adversely affects those elements which qualify it as historically significant as determined by applying the Washington State Advisory Council's Standards for the Rehabilitation and Maintenance of Historic Properties (WAC 254-20-100(1). 27.090.040 REHABILITATION AND MAINTENANCE CRITERIA: The Washington State Advisory Council's Standards for the Rehabilitation and Maintenance of Historic Properties in WAC 254-20-100 shall be used by the Commission as minimum requirements for determining whether or not an historic property is eligible for special valuation and whether or not the property continues to be eligible for special valuation once it has been so classified. 27.090.050 EVALUATION COSTS: Costs, mutually agreed upon by the applicant and Commission, including but not limited to the costs of professional services, incurred by the Commission in evaluating applications for Special Valuation shall be the responsibility of the applicant(s). CHAPTER 27.100 AGREEMENT 27.100.010 AGREEMENT. The historic preservation special valuation agreement in WAC 254-20-120 shall be used by the Commission as the minimum agreement necessary to comply with the requirements of RCW 84.26.050(2). CHAPTER 27.110 APPEALS 27.110.010 APPEALS. Any decision of the Commission acting on any application for classification as historic property, eligible for special valuation, may he appealed to Superior Court under Chapter 34.05.510 -34.05.598 RCW in addition to any other remedy of law. Any decision on the disqualification of historic property eligible for special valuation, or any other dispute, may be appealed to the Franklin County Board of Equalization. Section 2. This ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, this 7th day of August, 2006. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy Leland B. Kerr Deputy City Clerk City Attorney I i CITY OF PASCO SUMMARY OF ORDINANCE NO. ORDINANCE NO. is an ordinance establishing the Historic Preservation Program. This ordinance: • Provides for the identification, evaluation, designation, and protection of designated historic resources within the City of Pasco; • Provides eligible properties a property tax incentive as provided in Chapter 84.26 RCW; • Establishes a Historic Preservation Commission. The full text of Ordinance No. is available free of charge to any person who requests it from the City Clerk of the City of Pasco (509) 545-3402, P. O. Box 293, Pasco, Washington 99301-0293. Sandy Kenworthy, Deputy City Clerk i AGENDA REPORT TO: City Council August 3, 2006 FROM: Gary Crutchfi Manager. Regular Mtg.: 8/7/06 SUBJECT: Amendment o PMC 16.06 I. REFERENCE(S): 1. . PMC Chapter 1,6.06(Utility Service Requirements for Building Permits) 2. Map depicting areas excepted from requirement .3. Proposed Ordinance II. ACTION REQUESTED OF COUNCIL I STAFF RECOMMENDATIONS: 817: MOTION: I move to adopt Ordinance No. repealing certain exceptions from the sewer connection requirements and, further, authorize publication by summary only. 11I. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) In 1981, the City Council codified the standing requirement that any development in the city authorized under issuance of a building permit by the city would concurrently be required to connect that development. to the city's water and sewer systems. The purpose of such a requirement is obvious, in that it assures full utilization of the utility infrastructure made by the city and its ratepayers as well as assuring public health and sanitation standards are fulfilled in an urban environment. At the time the standard was codified(Ordinance 2303 in 1981),the city also provided for"waivers"to be authorized by the City Council for those developments that were simply too far from an existing utility line to warrant the extraordinary expense of extending it in conjunction with the proposed development. . B) While the "waiver". provision applies to any location within the city, the City Council further provided that two specific areas of the city would be exempt from the requirement to obtain a waiver to avoid extension or connection to the utility system(see PMC 16.06.202). The purpose of the "exception" was to recognize that both the FCID Industrial Park and the Southeast Pasco Annexation areas were simply too far from the existing municipal sewer system to warrant any serious consideration of requiring connection to the sewer system in conjunction with the development and the city did not wish to create an impediment to development in those areas by requiring a potential investment to first go through a waiver request. C) Since 1982, the city's sewer system has been substantially extended so as to be within the proximity of both the FCID Industrial Park and the Southeast Pasco Annexation area,described in PMC 16.06.020. V: DISCUSSION: A). Given the fact that over the past 25 years, the city's sewer system has in fact been extended so as to be in relative proximity to both of the referenced industrial areas,it is no longer appropriate that those two areas be "excepted" from the fundamental sewer service requirement. While a given development may'wish to present a request for waiver consideration by the City Council, it should have to meet the same standard of review that all other properties in the city are subject to, since the sewer system is in relative proximity to much of the two areas previously excepted. To accomplish that change, PMC 16.06.020 should be deleted from PMC 16.06; the effect of such a deletion would be simply to require connection to the sewer system unless specifically waived.by the City Council.,as any other property in the city has the right to request. 8(b) CHAPTER 16.06 UTILITY SERVICE REQUIREMENTS FOR BUILDING PERMITS 16.06.010 AVAILABILITY OF WATER AND SEWER SERVICE REQUIRED ....................................................................................... 14 16.06.020 EXCEPTIONS ................................................................... 14 16.06.030 WAIVER - AUTHORIZED................................................... 14 16.06.040 WAIVER-CRITERIA..................... 15 16.06.010 AVAILABILITY OF WATER AND SEWER SERVICE REQUIRED. The availability of City water and sewer service to the lot(s), parcel(s) or tract(s) of land sought to be improved by construction of a structure for human habitation, or industrial or commercial use, shall be a prerequisite to the issuance of a building permit. No building permit shall be issued without compliance with this section except as stated in this chapter. "Availability of City water and sewer service" means the physical connection to transmission lines of such service, after paying for all applicable connection fees including the installation of a water meter and having the water meter installed and activated or in the case of sewer service only the physical presence of such service within a street, or other easement of the City of Pasco adjoining the lot(s), parcel(s) or tract(s) of land to be improved. (Ord. 2412 Sec. 1, 1982; Ord. 2303 Sec. 1, 1981.) 16.06.020 EXCEPTIONS. The following listed areas of the City of Pasco may be served by on-site sewage disposal meeting the requirements of the Benton-Franklin Health Department. Availability of City sewer service shall not be a prerequisite to a building permit in these listed areas: (A) FCID industrial park subdivision with I-1 or I-2 zoning; (B) The Southeast Pasco Annexation Area described in Ordinance No. 2042 with I-1 or 1-2 zoning. (Ord. 2303 Sec. 2, 1981.) 16.06.030 WAIVER - AUTHORIZED. The prerequisite requirements for a building permit stated in Section 16.06.010 may be waived by approval of the City Council by majority vote at any regular meeting, upon such forms as they shall deem necessary to enable them to make specific findings of fact as to why a waiver should be granted. All such waivers must be applied for in writing on a form or forms to be supplied by the City of Pasco and all denials of such waiver shall also be in writing and state specific findings upon which the denial is based. The grant of a waiver may be reasonably conditioned and any such conditions shall be in writing, signed by the owner of the land, recorded and run with the land. Such conditions may include but shall not be limited to the following: (1) A specific period of exception; (2) Required participation in future public sewer and/or water service extension by L.I.D. or other means; (3) The signing by the owner of the property of a hold harmless and/or indemnity agreement in favor of the City of Pasco. (Ord. 2303 Sec. 3, 1981.) 16.06.040 WAIVER-CRITERIA. Any determination to grant, deny, or grant with conditions an application for a waiver described in Section 16.06.030 shall be based upon the following criteria: A) Special circumstances applicable to the property in question or to the intended use that do not generally apply to other properties or classes of use in the same vicinity or zoning classification; B) A waiver is necessary for the preservation and enjoyment of a substantial property right or use possessed by other property in the same vicinity and in zoning classification, which because of special circumstances is denied to the property in question; C) The granting of the waiver will not be detrimental to the public welfare or injurious to any person, property or improvements thereon in such vicinity and zoning classification in which the subject property is located; D) The granting of a waiver will not conflict with the general intent of this chapter; E) Except as provided below, no waiver shall be granted for any property lying within the boundaries of the Pasco Landfill ground water protection area (the Protection Area) as delineated on the official map designating said area on file at the City of Pasco Public Works Department. If the City of Pasco receives a waiver request, it shall notify the Department of Ecology of such request, and shall provide the Department of Ecology all relevant information regarding such request. F) If the residual hazardous substances in the groundwater remaining within the entirety of the Protection Area are subsequently reduced in concentration such that the method A or method B cleanup levels, as applicable, established under WAC 173-340-700 through . 173-340-760 are met, then Section 5 hereof shall be of no further force and effect, if the Department of Ecology, after public notice and opportunity for comment, concurs. (Ord. 3469 Sec. 1, 2001; Ord. 2303 Sec. 4, 1981.) O ' I II 1) II « •INI` y_ 71 V. Iw C Af rT��� Crr Ci1 r cn t/ N Z7 V (Tr r Y t • .. • or ' A5 / m - 0 - r 1 Tfl- Tj ui r . _ ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington, concerning sewer service requirements. WHEREAS, the City Council, in 1981 under Ordinance No. 2303, when enacting a policy that all new development within the city connect to the municipal water and sewer systems, recognized that the city had not yet extended the municipal sewer system to certain industrial areas of the city and, therefore, provided an exception from the new requirement for those certain areas; and, WHEREAS, since 1981, the city has extended the municipal sewer system to the extent that all areas of the city can either connect to the system or seek a waiver, as provided under PMC 16.06, thus eliminating the need for an unqualified exception for those certain areas identified in conjunction with Ordinance No:2303; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OR PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That PMC Section 16.06.020 entitled "Exemptions" be and the same hereby is repealed in its entirety. 1 Czi�06.020 EXCEPT40NS. The following listed areas of'the Q-11_of P .... .....y be se orl 1 1 C[JLV 111U UV JV� by on site sewage disposal meeting the r-equifements of the Benten Ffanklin Health Depaftment. Availability of City se shall not be a prerequisite to a building pefmit in these listed- 12 zening. (Ofd. 2303 See. Z 1981.4 Section 2. This Ordinance shall take full force and effect five (5) days after its approval, passage and publication required by law. PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this day of 12006. Joyce Olson, Mayor Attest: Approved as to Form: Sandy Kenworthy; Deputy City Clerk Leland B. Kerr, City Attorney I I CITY OF PASCO SUMMARY OF ORDINANCE NO. ORDINANCE NO. is an ordinance repealing certain exceptions from the sewer connection requirements. This ordinance repeals the previous exemption for certain industrial areas of the city from the standard requirement that all new development in the city commit to the sanitary sewer system. The full text of Ordinance No. is available free of charge to any person who requests it from the City Clerk of the City of Pasco (509) 545-3402, P. O. Box 293, Pasco, Washington 99301-0293. Sandy Kenworthy, Deputy City Clerk AGENDA REPORT NO. 29 FOR: City Council August 2, 2006 TO: Gary Crutchfi i Manager Regular Meeting: August 7, 2006 Robert I Albe Morks Director FROM: Doug Bramlet e, City EngineerDA SUBJECT: Burden Boulevard Widening; Project#05-3-06 I. REFERENCE(S): 1. Vicinity Map 2. Bid Summary 3. Resolution#2378 II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 8/7: Motion: I move to award the low bid for the Burden Boulevard Widening Project# 5-3-06 to Transtate Paving Company in the total amount of$315,553.80, and, further, authorize the Mayor to sign the contract documents. III. FISCAL IMPACT: Arterial Street Fund IV. HISTORY AND FACTS BRIEF: On July 12, 2006, staff received four bids for the Burden Boulevard Widening Project # 05-3-06. The low bid was received from Transtate Paving Company, for the total amount of$315,553.80. The second lowest bid was received from A & B Asphalt for the amount of$331,425.60. The Engineer's Estimate for the project is . $238,030.00. The 2006 budget for the project is $200,000.00. The project involves widening the south side of Burden Boulevard starting and including the intersection at Road 44 to the intersection at Road 52. This project reflects the commitment to widen Burden Boulevard from a two lane road to a three lane road with bike lanes, as developments occur in accordance with Resolution#2378. On July 31, 2006, staff informed Council on the history of the resolution and the project. Staff recommends award of the contract to Transtate Paving Company in the amount of $315,553.80. Staff also recommends the budget be increased $50,000.00 using General Funds and $70,000.00 using Arterial Street Funds, to be reflected in the year end supplemental budget. V. ADMINISTRATIVE ROUTING Project File 10(a) Ins xsoz'.!- t�\ �,1 \ j I 9c aVo2I , w � � r iL J S M W ! 11 rA f a a� 6 99 (IVOR fib iZ C7 avou f 6TO Man ----------- f I %� City of Pasco BURDEN BOULEVARD WIDENING Project No. 05-3-06 JULY 12, 2006 BID SUMMARY Total Engineer's Estimate $2385030.00 1. Transtate Paving Company $315,553.80 2. A & B Asphalt $331,425.60 3. Inland Asphalt Company $356,644.80 4. West Coast Construction $3735603.40 i I RESOLUTION NO. {3� A. A RESOLUTION AFFIRMING CITY POLICY ON REQUIRED { STREET IMPROVEMENTS AND ACCESS IN THE 1-182 CORRIDOR. `a r. WHEREAS, adequately developed and improved rights-of-way are necessary for access to property, for the movements of goods and services . within the community, for timely response by emergency personnel and equipment, and for maintaining the general welfare; and WHEREAS, adequately developed and improved rights-of-way are necessary for continued and future orderly development of the City; and, WHEREAS, adequately developed and improved 'rights-of-way improve and secure property values; and WHEREAS, adequately developed and improved rights-of-way means rights-of-way that contain curb, gutter, sidewalk,' illumination, traffic control devices, drainage control, engineered road bases, asphalt driving and parking lanes, and monumentation all as approved by the City Engineer; and WHEREAS, the primary purpose of arterial streets is to move traffic from one point in the community to another, with property access being only a-secondary function; and, WHEREAS, the location and number of intersecting streets and driveways on arterial streets effects the carrying capacity of arterial streets and diminishes the value of the public investment therein; and, WHEREAS, numerous driveways and intersecting streets at too frequent intervals on arterial streets can hinder the free flowing movement of traffic and leads to the creation of traffic safety hazards; and, WHEREAS, the Planning Commission conducted a public workshop to review the need for access and right-of-way improvement requirements as property develops in the Road 68/1-182 area of the City ; and, WHEREAS, the City Council has reviewed the Planning Commission's work for right-of-way improvements and access restrictions for major streets in the Road 68/1-182 area of the City and has determined that said access restrictions and right-of-way improvements are needed to insure the public is properly served in terms of maintaining the general welfare of the community; NOW THEREFORE, it �s BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: Section 1. That Road 68 between I-182 and Sandifur Parkway shall be developed with five lanes, four travel lanes and a center turn lane. s�= Section 2. That local access and collector streets intersecting with Road 68 north of 1-182, and with Burden Boulevard shall not be located closer than 600 feet apart. , h Section 3. That Burden Boulevard shall be developed from Road 60 to Road 44 with three lanes, two travel lanes, a center turn lane and a bike lane on the north and south side. When needed these improvements could be converted to four travel lanes. Section 4. That adequate and proper right-of-way improvements shall include: curb, gutter, sidewalk, illumination, traffic control devices, drainage control, engineered road bases, asphalt driving and parking lanes if any, and monumentation. All such improvements shall be approved by the City Engineer prior to ,construction and prior to acceptance by the City. Section 5. That the developer of real property shall be responsible for installing the required improvements within the respective half of the right- of-way width abutting the real property being developed, provided such improvements will result in at least two (2) traffic lanes being available. Section 6. That no residential driveways shall be permitted on Road 68 north of 1-182, or on.Burden Boulevard . Section 7. That commercial driveways shall only be permitted at 200 foot intervals on Road 68 north of I-182, and on Burden Boulevard. Section 8. That right-of-way widths for all arterials shall not be less than 80 feet. The City may, where deemed necessary, require dedication of additional right-of-way to accommodate right hand turn lanes. Passed the City Council of the City of Pasco this 15 day of June, 1998. Charles D. ibury, M or ATTEST: APPROVED AS TO FORM: �z Catherine D. Seaman, Deputy City Clerk Leland B. Kerr, City Attorney AGENDA REPORT.NO. 56 FOR: City Council DATE: July 26, 2006 TO: Gary Crutchfi i Manager Regular Mtg: August 7, 2006 FROM: Robert J.Alber ,rector, Public Works SUBJECT: 2006 Irrigation Improvements—New Well I. REFERENCE(S): 1. Quote Summary 2. Vicinity Map II. ACTION REQUESTED OF COUNCIUSTAFF RECOMMENDATIONS: 8/7/06: MOTION: I move to approve the purchase of goods and services from Nelson Well Drilling, Inc., for 2006 Irrigation Improvements—New Well Site, in the amount of$57,618.85 including applicable sales tax. III. FISCAL IMPACT: Utility Fund IV. HISTORY AND FACTS BRIEF: The 2006 Capital Improvement Budget includes improvements for the irrigation system. As part of the improvements, a new well will be drilled and a new well site added to the system. The new well is needed to make usable the water rights that were received for the Columbia Place Subdivision, which is located west of Road 68, and is intended to enhance the existing system by providing additional water for future infrastructure growth. Staff has solicited two quotes for the above well drilling. The low quote was received from Nelson Well Drilling, Inc. in the amount of$57,618.85 including sales tax. The other quote was received from Carpenter Drilling in the amount of $58,362.87 including sales tax. Staff recommends that Council approve the purchase of goods and services from Nelson Well Drilling, Inc. V. ADMINISTRATIVE ROUTING Project File 10(b) i QUOTE SUMMARY 2006 IRRIGATION IMPROVEMENTS NEW WELL Nelson Well Drilling $57,618.85 Carpenter Drilling $58,362.87 ID M71 rIM r m ,_ +e m V J W M Olmgl M M M loom } Iq U W JOITIYO Z 10 xmne • va CRY LIMITS j m m Z 11.1 IL Z � o oco avow U Q ' M M $ CD - > 1� I k7 p� o LL LN m >� WANK*&� W M g woa J I ] 7 M W Q $ RQA� 6a 68 � z FAd CO 1.� 1Ll •: \ \ M Mzkrvm Ol.0 M G G G G i I AGENDA REPORT NO. 73 FOR: City Council DATE: 8/2/06 TO: Gary Crutchfie anager WORKSHOP: Richard J. Smi i ector REGULAR: 8/7/06 Community an Economic Development FROM: David I. McDonald, City Planner -- SUBJECT: SPECIAL PERMIT: Location of a Church (UCMS of Seventh-Day Adventist) in the 3500 Block of Sylvester St. (MF #SP06-009) I. REFERENCE(S): A. Report to Planning Commission: Dated 6/ 15/06 B. Planning Commission Minutes: Dated 6/15/06 and 7/20/06 II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: MOTION: I move to approve the special permit for the Seventh-Day Adventist church expansion in the 3500 Block of West Sylvester Street, as recommended by the Planning Commission. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. On June 15, 2006 the Planning Commission conducted a public hearing to determine whether or not to recommend a special permit for the expansion of the Seventh-Day Adventist Church located in the 3500 Block of West Sylvester Street. B. . Following conduct of a public hearing, the Planning Commission reasoned that with conditions, it would be appropriate to recommend approval of a special permit for the Church expansion. The recommended conditions are contained in the attached report. C. No written appeal of the Planning Commission's recommendation has been received. 10(c) i i REPORT TO PLANNING COMMISSION MASTER FILE NO: SP-06-009 APPLICANT: UCMS of 7th-Day Adventist HEARING DATE: 06-15-06 3520 W Sylvester St ACTION DATE: 07-20-06 Pasco, WA 99301 BACKGROUND REQUEST FOR SPECIAL PERMIT: Church Addition for UCMS of Seventh-Day Adventist at 3520 W Sylvester St 1. PROPERTY DESCRIPTION: Legal: The N. 330' of the W. 1/2 of the NW 1/4 of the NW 1/4 of the SW 1/4, Seca 25, T 9 R 29 E, W. M. Franklin County Washington. General Location: 3520 W Sylvester St Property Size: 2.25 Acres 2. ACCESS: The site has access from Sylvester Street and Road 36. 3. UTILITIES: Water is available in Sylvester Street to the north and sewer service is located in Road 38 to the west. 4. LAND USE AND ZONING: The property is currently zoned R-S-12 (Suburban Residential). The surrounding properties are also zoned R-S- 12 and developed with single family dwellings. 5. COMPREHENSIVE PLAN: The . Comprehensive Plan designates the church property and surrounding areas for low-density residential development. The plan does not specifically address churches, but various elements of the plan encourage adequate provision of off-street parking and locating businesses in appropriate locations for their anticipated uses. Policies of the plan also encourage the location of facilities for educational and cultural activities in the City. 6. ENVIRONMENTAL DETERMINATION: This proposal has been issued a determination of nonsignificance in accordance with review under the State Environmental Policy Act (SEPA), Chapter 43.21 (c) (RCW). ANALYSIS The application involves the construction of an 8,800 square foot fellowship center addition to the east end of the existing 7th Day Adventist church building on Sylvester Street. The addition will be located between the existing building and the east parking lot. The parking area will be reconfigured to allow for 112 parking spaces, eliminating 5 spaces. There is enough parking to accommodate 448 people. The main sanctuary area can seat 300 people. The proposed addition will include the fellowship center attached to the existing building, an outdoor fellowship court located between the existing structure and the new addition, and a covered entry to the south. The site is fully developed with paved parking lot (112 spaces) landscaping, a shed, and a community center to the east. The addition will be designed to complement the existing building in construction materials and architectural features. Churches are typically located in or adjacent residential zoning districts of the city. The operation of churches generates very few complaints from adjoining property owners. The existing church property has been well maintained over the years. The church property was originally developed outside the City limits. As a result the public areas around the church were developed to county standards and the right-of-way for Rd 36 does not appear to be dedicated for road purposes. The east/west driveway along the northern boundary of the church property is only separated from Sylvester by a cable. This driveway also connects to Road 36 at the intersection of Road 36 and Sylvester Street. INTIAL STAFF FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Planning Commission may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1. The site is located in an R-S-12 zone. 2. The site has been developed with an SDA Church for 40 years. 3. The church site was developed in the County. 4. The church site was annexed to the City in 1996. 5. Residential homes are developed on sites surrounding the church. 6. The site contains 112 parking spaces. 7. Churches are unclassified uses and require review by special permit prior to locating or expanding in any zone. 8. The addition will be designed to complement the existing building in materials and construction. I 9. The Road 36 right-of-way along the west side of the site has not been dedicated to the public for road purposes. 10. The northern east/west driveway parallels Sylvester Street and is separated from the street only by a cable on posts. 11. There is no right-of-way radius at the corner of Road 36 and Sylvester Street. 12. The northern driveway paralleling Sylvester Street connects to Rd 36 at the intersection of Road 36 and Sylvester Street. 13. Sylvester Street is an arterial street. TENTATIVE CONCLUSIONS BASED ON INTIAL STAFF FINDINGS OF FACT Before recommending approval or denial of a special permit the Planning Commission must develop findings of fact from which to draw its conclusion based upon the criteria listed in P.M.C. 25.86.060. The criteria are as follows: 1) Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive Plan? Policy LU-1- encourages the continuous actions to improve the City's physical environment. Policy LU-2-B encourages the support of facilities for educational and cultural activities. 2) Will the proposed use adversely affect public infrastructure? The proposed use will not change or alter impacts on public infrastructure. Altering the driveway location on Road 36 will improve traffic safety at the intersection of Road 36 and Sylvester Street. 3) Will the proposed use be constructed, maintained and operated to be in harmony with existing or intended character of the general vicinity? The addition will be constructed more or less within the existing building profile. 4) Will the location and height of proposed structures and the site design discourage the development of permitted uses on property in the general vicinity or impair the value thereof? The presence of the church in the neighborhood has not discouraged potential development in the area. 5) Will the operations in connection with the proposal be more objectionable to nearby properties by reason of noise, fumes vibrations, dust, traffic, or flashing lights than would be the operation of any permitted uses within the district? A church has been located on the site for over 40 years. 6) Will the proposed use endanger the public hearth or safety if located and developed where proposed, or in anyway will become a nuisance to uses permitted in the district? Churches are generally accepted uses in or near residential neighborhoods. Past history of church operations within the city has shown they do not endanger public health or safety. In this case the driveway entrance at the corner of Road 36 and Sylvester is not in an optimal location to secure public safety. RECOMMENDATION MOTION: I move the Planning Commission adopt the Findings of Fact and conclusions as contained in the July 20, 2006 staff report. MOTION: I move, based on the findings of fact as adopted, the Planning Commission recommend the City Council grant a special permit to UCMS of Seventh-Day Adventist to build a church addition at 3520 Val Sylvester Street with the conditions as contained in the July 20, 2006 staff report: 1) The special permit shall be personal to the applicant. 2) The property shall be developed in substantial conformance with the site plan submitted with the special permit application, except as herein modified. 3) The Road 36 right-of-way (30') along the west side of the site must be dedicated to the public for road purposes. 4) The applicant shall install curb, gutter and sidewalk along the Sylvester Street frontage at such time as the City Council determines it is needed. 5) The right-of-way radius at the corner of Road 36 and Sylvester Street must be dedicated to the City of Pasco. 6) The driveway entrance located at the intersection of Road 36 and Sylvester Street on the northwest corner of the lot must be eliminated. 7) The closed driveway area at the corner of Road 36 and Sylvester shall be landscaped. 8) The special permit shall be null and void if the required improvements are not made and a City of Pasco occupancy registration has not been obtained by December 31, 2007. I I Zoning Map Item: Special Permit Church Addition N Applicant: UCMS of 7th Day Adventist File #: SP-06-009 `^ W PARK ST J T R-§-12 �o R-S-12 SYLVEST SITE IRVING ST co R-S-12 O Q r Rr 2 a S1 O t° o a M o°c a Land Use Map Item: Special Permit Church Addition N Applicant: UCMS of 7th Day Adventist File #: SP-06-009 W PARK ST SFDU's o SFDU's SYLVESTER ST SITE IRVING ST SFDU's M 0 FD a S U's AKI O �D � crf Q eM °a a°c y Vicinity Map Item: Special Permit Church Addition N Applicant: UCMS of 7th Day Adventist File #: SP-06-009 w PARK ST Ch QO SYLVEST SITE IRVING ST ao c1f) AKI M a o c oc a o � M LO � Q 0 ac F—T7 i*U-AP P*'fl"Psu D4 WIG MOM: YM 'O.�SYd '9f OYON ONY IS b3153AV,S f4 L9Lf—Li5(80S)XYJ GLWZ Lt•S(606)NOW laces NoLSwNSrM roosva Ls a�LSaAUS M zcel 1k33Vl NON iIVla3d IV103dS 803 NVId 31{S'ONI JNIIIHHNIJNS SWlJVH 3Nfi133 IHONV A33Vl � s�son . H38m VOS M3fAH3AIN g o ¢ a r F z ,� ��----- I CpMM 9,Bi.YDO H_—— .NMI 1BF.9100 M w I R � fi p $ Q CL I 0 � � �I sr I I 8 S I I �` � z� • � r .g Y >I I s I I ! ---- ------ --------- It , l , R - � sf3 I I I � I a ea aron ---------------------------------------------------- e � INl21dM31A3N'Wd Lb Lfi t 900tJJBU5'0'L'J' P'3t151se YOS�I Fa eny�al!cWY Reuel VLI VZOo-sOl coed Y M.. rf 31 r 5 S Y�.. AAA l®r , RE ,; its. ..+C9±:r..'',',r;'�"•�4'°> W,4 16 REGULAR MEETING June 15, 2006 PLANNING COMMISSION MINUTES JUNE 15, 2006 B. Special Permit Location of a Church (UCMS of Seventh-Day Adventist) (605 Rd 36)(MF #SP06-009) Chairman McCollum read the master file number and asked for the Staff report. Staff reported the application under consideration was for the addition of a fellowship center and a covered entry to an existing Seventh-Day Adventist Church building at 3520 W. Sylvester Street. Staff explained the 8,800.square foot addition will match the existing building in materials and architectural features. Located betweon the existing building and the east parking lot. The addition will cause the loss of five parking spaces leaving 112 spaces on site. The 112 spaces are adequate to serve 448 people. The main sanctuary of the church seats 300 people. Staff pointed out there were four items that the Commission needed to take into consideration on this project. First, there is a lack of dedicate right-of-way adjoining the church mainly on Rd 36 where the church property line goes to the center of the street. Second, there currently is no radius defined at the intersection of Road 36 and Sylvester. Third there is a driveway entrance on the corner of Road 36 and Sylvester Street. Lastly, the frontage along Sylvester is separated from the street by a cable and post fence which may be considered a safety hazard. Commissioner Anderson recommended eliminating the entrance to Road 36, and the seven adjacent parking spaces after discussion revealed that the parking count would still be adequate. Chairman McCollum asked if there were any questions of Staff. CHAIRMAN MCCOLLUM OPENED THE PUBLIC HEARING AND ASKED IF THERE WAS ANY ONE PRESENT THAT WISHED TO SPEAK ON THIS MATTER. Paul Christensen, 3720 Riverhaven, stated that he was a representative of Harms Engineering. He commented that the site was designed for circulation and fire protection over 40 years ago, when Sylvester was not a four-lane street. He stated that if the existing entrance off of Road 36 is eliminated, the church would like to have consideration given to allowing a new driveway access onto Sylvester Street. The churches preference is to keep the existing access onto Road 36; there have been no problems with the existing configuration. He stated that a dedication of the right-of-way on Road 36 is something that can be worked out with the church. He further stated that the church would like to maintain the existing bollards on site and is opposed to requirements for curb- gutter and sidewalk improvements in the area. Commissioner Little asked when the parking spaces it the front of the site would likely be used. Mr. Christensen responded that the spaces would be used on an as-needed basis. Commissioner Anderson asked for clarification as to whether or not elimination I REGULAR MEETING June 15, 2006 PLANNING COMMISSION MINUTES JUNE 15, 2006 of the parking spaces would impact the churches plans. Mr. Christensen said that it would not. Steve Canaday, 7228 Beyers Road, stated that he feels that the ratio of 1 parking spot for every four people is not sufficient and that they need as many parking spaces on site as possible. The configuration of the church is such that the area in which the seven spaces under question are located still looks like the front of the church to visitors. Additionally, this is where the handicap ramp into the church is located. He feels that preservation of these parking spaces is important. Following three (3) calls from Chairman McCollum for comment from the floor, either for or against, the public meeting was declared closed. i Chairman McCollum asked Staff if there are other sidewalks, curbs and gutters in the area. Staff responded that there are not. However, other churches (Desert Springs at Argent & 100 and LDS on Road 108) have been required to install these improvements in conjunction with additions and remodels. Chairman McCollum asked if those churches are also in areas with no other sidewalks. Staff confirmed that they were. Commissioner Rose asked what the landscape requirements are for this type of project. Staff responded that the City requires churches to match the surrounding residential landscape standards. Commissioner Anderson stated that he felt that curb, gutter and sidewalk would be out of place in this area. He also stated that he has a problem with the driveway at the intersection. Commissioner Rose agreed with Commissioner Anderson's comment with regard to the driveway at the intersection. Commissioner Little agreed with the comment regarding the curb, gutter and sidewalk looking out of place in the area. Staff requested clarification that the Commission is requesting the applicant to dedicate the right-of-way, to provide a proper radius at the intersection of Road 36 and Sylvester; that the driveway that exits the site at the intersection of Road 36 and Sylvester be eliminated; and that no curb, gutter and sidewalk be required. Commissioner Anderson moved the Planning Commission close the public hearing on the proposed Special Permit, initiate deliberations, and schedule adoption of findings of facts, conclusions and a recommendation for the Planning Commission meeting of July 20, 2006. Commissioner Hay seconded, motion carried unanimously. REGULAR MEETING July 20, 2006 PLANNING COMMISSION MINUTES JULY 20, 2006 A. Special Permit Location of a Church (UCMS of Seventh-Day Adventist) (605 Rd 36)(MF #SP06-009) Staff advised the Commission that the Conditions for the project have been revised such that curb gutter and sidewalk would not be required at the time the current improvements are installed; however the applicant is placed on notice that these improvements may be required at some future date. Commissioner Samuel moved the Planning Commission adopt the Findings of Fact and conclusions there from as contained in the July 20, 2006 Staff Report. Commissioner Anderson seconded, motion carried unanimously. Commissioner Samuel further moved based on the findings of fact as adopted, the Planning Commission recommend the City Council approve a special permit for location UCMS of Seventh-Day Adventist with Special Conditions as outlined in the Staff Report. Commissioner Anderson seconded, motion carried unanimously. i I AGENDA REPORT NO. 74 FOR: City Council DATE: 8/2/06 TO: Gary Crutchfi 1 Manager Ac WORKSHOP: Richard J. Sm' D ector REGULAR: 8/7/06 Community an Economic Development FROM: David I. McDonald, City Planner'_ SUBJECT: SPECIAL PERMIT: Location of a Church (Missionary Church of the Disciples of Jesus Christ) at 1824 E. Lewis St. (MF #SP06-008) I. REFERENCE(S): A. Report to Planning Commission: Dated 6/15/06 B. Planning Commission Minutes: Dated 6/15/06 and 7/20/06 II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: MOTION: I move to approve the special permit for the location of the Missionary Church of the Disciples of Jesus Christ, and missionary training center with related offices at 1824 East Lewis Street, as recommended by the Planning Commission. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. On June 15, 2006 the Planning Commission conducted a public hearing to determine whether or not to recommend a special permit for the Missionary Church of the Disciples of Jesus Christ to locate a church, missionary training center and offices at 1824 East Lewis Street. B. Following conduct of a public hearing, the Planning Commission reasoned that with conditions, it would be appropriate to recommend approval of a special permit for the Church. The recommended conditions are contained in the attached report. C. No written appeal of the Planning Commission's recommendation has been received. 10(d) I REPORT TO PLANNING COMMISSION MASTER FILE NO: SP-06-008 APPLICANT: Missionary Church HEARING DATE: 06-15-06 Disciples of Jesus Christ ACTION DATE: 07-20-06 15906 E San Bernardino Covina, CA 91722 BACKGROUND REQUEST FOR SPECIAL PERMIT: Location of a Church, Missionary Training Center, and church offices at 1824 E. Lewis Street 1. PROPERTY DESCRIPTION: Legal: Beginning at a point 905 ft. east of the northwest corner and 40 feet south of the north line of the southwest quarter of Section 28, Township 9 North Range 30 East, W.M.; thence south 300 ft.; thence east 200 ft.; thence north 300 ft. more or less to a point 40 ft. south of the north line of the southwest quarter of said section; thence west along a line parallel to the north line of said southwest quarter to the point of beginning. General Location: 1824 E. Lewis Street. Properly Size: 200' by 300' or 1.33 acres 2. ACCESS: The site has access from East Lewis Street 3. UTILITIES: All municipal utilities are available to the site. 4. LAND USE AND ZONING: The property is currently zoned C-I (Retail business) as are the properties to the east and west, while the properties to the south are zoned R-2 (Medium Density Residential). Properties to the north are also zoned R-2. The site is occupied by an old motel building that was partially converted, 16 years ago, to retail space and was used as a missionary training center for the. Missionary Church 2000 to 2005. The Arbor Elms Apartment complex is directly south of the site, properties to the east are vacant and single family and multi family housing units are located to the north. The new Virgie Robinson School is located to the west. 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area for Mixed Residential uses. The plan does not specifically address churches, but various elements of the plan encourage adequate 1 i provision of off-street parking and locating businesses in appropriate locations for their anticipated uses. 6. ENVIRONMENTAL DETERMINATION: This proposal has been issued a determination of nonsignificance in accordance with review under the State Environmental Policy Act (SEPA), Chapter 43.21 (c ) (RCW). ANALYSIS The site was used for many years as a motel (Blue Haven Motel). However for the last 15 years or more the site has been mainly vacant. Approximately 14 years ago the building was converted to retail space, but was never completely remodeled. Retail activity at the site was short-lived and the property fell into disrepair. In 2001 the applicant (the Missionary Church of the Disciples of Jesus Christ) applied for and was granted a special permit to operate a missionary training center on the property. Under the terms of the original special permit, granted in August of 2001, the applicant was to restore the landscaping throughout the site; remove all debris, litter and makeshift parking lot cover from the site; maintain the site in a clean professional manner and use the property for a missionary training center and related services (offices, cafeteria, worship services and other services related to training missionaries). The property was not to be used for a homeless shelter, soup kitchen, food bank or similar community service activities. In January of 2005 the City began receiving complaints about conditions at the East Lewis Street (1824) missionary training center. The Missionary Church of the Disciples of Jesus Christ received a correction notice for the following code infractions: 1) No occupancy certificate; 2) Miscellaneous debris and junk located in public view; 3) auto tires located in public view; 4) Junk vehicle and auto storage; 5) weeds; 6) un-permitted auto sales on the property; 7) no address numbers; and, 7) weather protection problems due to deteriorated paint or lack of paint. The code infractions were exacerbated by the fact that the applicant or the applicant's agent was renting rooms out to non-missionaries with children and other individuals. The rent for these individuals was being paid for in part or in full by the State Department of Social and Health Services. In August of 2005 the Missionary Church of the Disciples of Jesus Christ was issued a correction notice for using the property in question for residential rental units. The property is zoned C-1. Upon further inspection in October of 2005 the missionary training facility at 1824 East Lewis Street was determined to be a community service housing facility rather than a missionary training center. The City then closed the facility and caused it to be vacated. 2 Due to the number of problems associated with the missionary training center at 1824 East Lewis Street staff informed the church they would need to re-apply for a special permit. In their current application the church asserts the problems associated with the original missionary training center resulted from a misunderstanding from the action of an unnamed third party. The current application is for a Special Permit to allow a church/chapel, worship services and other activities related to the operation and maintenance of a church; church offices; missionary training center (including short-term residential use by missionary families in training) and related uses. The applicant indicates the property will under go future aesthetic enhancements in conjunction with the proposed church and missionary training center. The proposed facility will have 4 to 6 staff members training 2 to 15 missionaries at a time. The applicant intends to use a portion of the property where missionaries and their families will live during training. The applicant also claims the missionaries in training and their families will not pay rent or compensate the applicant for housing. The applicant does not intend to provide housing to the general public. The south side of East Lewis Street between Wehe and Elm Avenues has been underdeveloped and underutilized for many years. A significant change took place in this neighborhood last year with the construction of the new Virgie Robinson Elementary School directly west of the proposed church/missionary training center. Although this area is located on an arterial street little commercial development has not occurred or has faded away. The comprehensive plan recognized this fact and shows the area, including he site in g question, for future mixed (higher density) residential uses. The site is located in an area designated for future higher density residential uses. This proposed use is similar in nature to a educational facility such as a private school or large nursery school. Churches, private school and nursery school are generally located in or on the peripheral of residential neighborhoods. INTIAL STAFF FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Planning Commission may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1. The site is located in a C-I zone. 3 2. The property is located on East Lewis Street. 3. Churches are unclassified uses and require review by special permit prior to locating or expanding in any zone. 4. The property has been vacant for most of the last 20 years. 5. The new Virgie Robinson Elementary School is located directly west of the proposed church/missionary training center site. 6. The Arbor Elms Apartment complex is located directly to the south of the proposed church/missionary training center site. 7. The building lacks commercial kitchen facilities certified by the Benton Franklin Health District. 8. Rooms within the building have not been certified for occupancy by the Pasco Rental Licensing Office. 9. The applicant received a special permit in August of 2001 to locate a missionary training center on the property in question. 10. The August 2001 special permit approval contained a number of conditions related to the upkeep and operation of a missionary training center. 11. The applicant did not remove the old makeshift parking lot cover from the site. 12. The applicant and or agents in behalf of the applicant failed to maintain the missionary training center in conformity with the special permit conditions. 13. The City caused the missionary training center approved in 2001 to be vacated. 14. The applicant re-submitted a special permit application to locate and operate a church/missionary training center at 1824 East Lewis Street. 15. The applicant's application materials indicate that the proposed church and missionary facility 16. The applicant's application materials indicate the proposed facility will be used for worship services and other activities related to the operation and maintenance of a church; church offices; missionary training center (including short-term residential use by missionary families in training) and related uses. 17. The applicant's application materials indicate the proposed facility will not be used for subsidized housing for the general public. TENTATIVE CONCLUSIONS BASED ON INTIAL STAFF FINDINGS OF FACT Before recommending approval or denial of a special permit the Planning Commission must develop findings of fact from which to draw its conclusion based upon the criteria listed in P.M.C. 25.86.060. The criteria are as follows: 4 I 1) Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive Plan? The Comprehensive Plan designates this area for mixed residential uses. Policy LU-1- encourages the continuous action to improve the City's physical environment. Policy LU-2-A and LU-2-B encourage the locations of facilities that create neighborhood identities as well as educational and cultural activities. 2) Will the proposed use adversely affect public infrastructure? The proposed use is located on a major arterial and is served by all City utilities. The property was once used as a motel with a swimming pool. Public infrastructure was adequate to serve the needs of the motel. The church/missionary training center will have fewer people on-site than the motel. 3) Wili the proposed use be constructed, maintained and operated to be in harmony with existing or intended character of the general vicinity? The proposed use is adjacent the Arbor Elms Apartment complex. The existing building on the site has been remodeled to retain the existing character. 4) Will the location and height of proposed structures and the site design discourage the development of permitted uses on property in the general vicinity or impair the value thereof? The proposal involves utilizing an existing building. The applicant indicates the property will under go future aesthetic enhancements in conjunction with the proposed church and missionary training center. 5) Will the operations in connection with the proposal be more objectionable to nearby properties by reason of noise, fumes vibrations, dust, traffic, or flashing lights than would be the operation of any permitted uses within the district? The proposed use will not create more traffic, flashing lights, fumes or vibrations than many of the permitted uses, such as convenience stores or fast food restaurants. 6) Will the proposed use endanger the public health or safety if located and developed where proposed, or in anyway will become a nuisance to uses permitted in the district? 5 The proposed use is less intensive in terms of impact on the neighborhood as compared to permitted commercial uses. RECOMMENDATION MOTION: I move the Planning Commission adopt the Findings of Fact as contained in the July 20, 2006 staff report. MOTION: I move, based on the findings of fact, the Planning Commission recommend the City Council grant a special permit to the Missionary Church of the Disciples of Jesus Christ locate a church, missionary training center, and church offices at 1824 East Lewis Street conditions as contained in the July 20, 2006 staff report: i (1) The special permit shall be personal to the applicant; (2) All buildings shall be painted and maintained on all sides so as to present a neat and orderly appearance to neighboring properties; (3) The landscaping shall be brought up to City of Pasco standards as set forth in PMC 25.75 for commercial development; (4) All debris, litter, unsightly poles and the makeshift parking lot cover shall be removed from the property and the property shall be maintained in a clean, professional manner; (5) The applicant shall not object to the issuance of a liquor license for a new or existing establishment within 1,000 feet of the property; (6) The property shall be used for a church, missionary training center, and church offices only and shall not be used as a homeless shelter, soup kitchen, food bank or for similar community service activities. (7) Missionaries shall not spend more than 3 months in the facility. (8) Neither the church and its staff, nor the missionaries shall be supported, either directly or indirectly, by federal or state funds of any kind. (9) The kitchen shall meet all county health department standards for commercial kitchens or shall be removed. If no meal services are going to be provided the kitchen shall be removed. (10) All dwelling units shall be restored to City of Pasco occupancy standards and certified in writing as such by the Inspection Services division of the City prior to occupancy. (11) The property can not be occupied until all conditions of the special permit approval as listed herein have been fulfilled or complied with to the satisfaction of the city which shall issue a written determination of such satisfaction. (12) The special permit shall be null and void if a City of Pasco occupancy registration is not obtained by December 15, 2006. 6 Vicinity Map Item: Special Permit Mission Training Center N Applicant: Missionary Church File #: SP-06-008 ALVINA ST I I LEWIS ST SITE LL W a W S *IfTbN ST Land Use Map Item: Special Permit Mission Training Center N Applicant: Missionary Church File #: SP-06-008 ES Fb U's u COMM .- Elementary Commercial � School SITE Multi-Family Residential nn n Zoning Map .Item: Special Permit Mission Training Center N Applicant: Missionary Church File #: SP-06-008 R-1 ALVINA ST Comm.- Lewis sr J C-1 SITE C-1 LL W 'a W R-2 R 1 *LTON ST � nn �r- I nm n REGULAR MEETING June 15, 2006 PLANNING COMMISSION MINUTES JUNE 15, 2006 I C. Special Permit Location of a Church (Missionary Church of the Disciples of Jesus Christ) 11824 E Lewis St) (MF #SP06-008) Chairman McCollum read the master file number and asked for the Staff report. Staff explained the applicant was applying for a special permit to locate a church, a missionary training center and church offices at 1824 E. Lewis. In 2001 the applicant requested a special permit for a missionary training center on the site. Conditions were placed on that permit stating that the site could not be used for a homeless shelter, food bank, soup kitchen or similar community service activity center. In January 2005 the church received a correction notice for activities similar to those that were prohibited by the 2001 permit; in October 2005 the center was shut down for failure to correct violations on the site. When the center was shut down, the applicant was advised that they would have to make a new application and obtain a new special permit for any future use of the site. The current application lists three specific activities that would take place on the property: a chapel worship center, church offices and a missionary training center. The missionary training center would include short term residential use by missionary training families. The facility would have four to six staff members training up to fifteen missionaries at a time. The site is located in a C-1 zone, surrounded by an elementary school, apartment complex and single family residential properties. Commissioner Samuel requested information regarding the applicant's response to the City's contact regarding code violations. Staff stated that the applicant's response was timely however ongoing issues at the property lead to the closure. Commissioner Smurthwaite asked if the facility had a commercial kitchen. Staff responded that there would be a central cafeteria facility that would have to meet Health Department standards. If the facility was not able to meet those standards, it could not be utilized and the occupants would have to have their meals off-site. CHAIRMAN MCCOLLUM OPENED THE PUBLIC HEARING AND ASKED IF THERE WAS ANY ONE PRESENT THAT WISHED TO SPEAK ON THIS MATTER. Frank O'Brien, 1824 E. Lewis introduced himself as a representative of the applicant's organization. He addressed the previous code enforcement problems at the site and stated that he was willing to see if the kitchen would meet the Health Department regulations. Commissioner Schouviller asked how the church generates income. Mr., O'Brien responded that the church is self-funded through many churches REGULAR MEETING June 15, 2006 PLANNING COMMISSION MINUTES JUNE 15, 2006 in many locations. Commissioner Schouviller asked how many locations the church is in. Mr. O'Brien stated that his understanding is that they are currently in 25 States and 11 Countries. Commissioner Samuel asked how many people would be living at the site five to ten months from now, were the program to be approved. Mr. O'Brien responded that most of the time they only have from five to ten missionaries, but it could be up to seventeen people. Commissioner Samuel asked how long the program lasts. Mr. O'Brien responded that the program lasts for three to four months. Commissioner Samuel asked if Mr. O'Brien will be staying at this location. Mr. O'Brien responded that he will be at this location until the project is completed, and then the main office will assign someone else to run the project permanently. Chairman McCollum stated that the City has been trying to improve this particular neighborhood and if the Planning Commission were to consider this project in a positive light, it would be a big disappointment if the applicant misused the Special Permit. He stated that he is looking for some reassurance that the same type of problems that caused the center to be shut down won't reoccur. Mr. O'Brien responded that their program was really hurt by being shut down and that they are going to improve. Commissioner Samuel asked if the Special Permit is not approved, does the applicant have an alternative location in mind for the program. Mr. O'Brien responded that they do not have another location. Staff stated that conditions that would be placed upon the permit would be licensing of the kitchen facility, landscape requirements, completion of removal of an awning, removal of a totem pole, bringing all rooms to livable conditions; and ensuring that the use of the property is not a feeding center, temporary shelter, or community service activity center. Commissioner Anderson stated that prior to occupancy, all of the site improvements must be complete. The only reason he is reasonably in favor of the project is that he would rather see them go on site and make the improvements and occupy the site than have it vacant and abandoned. Following three (3) calls from Chairman McCollum for comment from the floor, either for or against, Commissioner Anderson moved the Planning Commission close the public hearing on the proposed special permit, initiate deliberations, and schedule adoption of findings of facts, conclusions and a recommendation for the Planning Commission meeting of July 20, 2006. Commissioner Hay seconded. Motion carried unanimously. REGULAR MEETING July 20, 2006 PLANNING COMMISSION MINUTES JULY 20, 2006 B. Special Permit Location of a Church (Missionary Church of the Disciples of Jesus Christ) (1824 E Lewis St) (MF #SP06-008) Staff advised the Commission that there have been no substantial changes to this item since the prior meeting. Commissioner Samuel asked Staff whether or not Condition #5, regarding the fact that the applicant shall not object to the re-issuance of a liquor license, is a standard condition, or one that is somehow unique to this situation. Staff responded that it is a condition that is frequently utilized to protect a pre- existing use in the vicinity of this application. Commissioner Samuel then asked if there are provisions in place to deal with any possible code violations that the applicant may present in the future. Staff responded that they would be subject to the same code enforcement procedure as other properties; they would receive a notice of civil violation, which could lead to daily financial penalties for failure to comply. Commissioner Samuel moved the Planning Commission adopt the Findings of Fact and conclusions there from as contained in the July 20, 2006 Staff Report. Commissioner Hay seconded, motion carried unanimously. Commissioner Samuel further moved based on the findings of fact as adopted, the Planning Commission recommend the City Council approve a special permit for location of a Church and Missionary Training Center at 1824 E. Lewis Street with Special Conditions as outlined in the Staff Report. Commissioner Hay seconded, motion carried unanimously.