Loading...
HomeMy WebLinkAbout2007.06.04 Council Meeting Packet AGENDA PASCO CITY COUNCIL Regular Meeting 7:00 p.m. June 4,2007 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 May 21,2007. (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$1,273,465.39 ($94,155.06 in the form of Wire Transfer Nos. 4748 and 4751 and, $1,179,310.33 consisting of Claim Warrants numbered 160528 through 160701). 2. To approve Payroll Claims in the amount of $1,591,511.60, Voucher Nos. 36233 through 36341; and EFT Deposit Nos. 30016742 through 30017232. (c) Appointments to Parks & Recreation Advisory Council: (NO WRITTEN MATERIAL ON AGENDA) To reappoint Duane Taber to Position No. 4; to appoint Michael Mathews to Position No. 6, and Curt Shaw to Position No. 7 (all with the expiration date of 2/2/10) to the Parks & Recreation Advisory Council. (d) City Website Redesign: 1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated May 23,2007. 2. Cost Comparison. 3. Proposed Professional Services Agreement and Scope of Work. 4. Proposed Scope of Services for Software Training. To approve the Professional Services Agreement with Delphia Consulting for website design and platform and,further,to authorize the City Manager to sign the agreement. (e) Regional Facilities Study: I. Agenda Report from Richard J. Smith, Community&Economic Development Director dated May 22,2007. 2. Oversight Committee Conclusion and Recommendations. 3. Amendment#1 to Interlocal Agreement. 4. Phase 2 Scope of Work. 5. Study of Potential Regional Centers (study is in Council packets only; copies available for public review in the Community Development office, at the Pasco Library or on the City's webpage at www.ci.pasco.wa.us). To approve Amendment No. 1 to the Interlocal Agreement between the cities of Kennewick, Pasco and Richland for Joint Planning for Regional Centers and, further, authorize the Mayor to sign the amendment. *(f) Final Plat: Sunrise Estates Phase 1 (All Pro Contracting)(MF# FP07-004): 1. Agenda Report from David 1. McDonald,City Planner dated May 31,2007. 2. Final Plat(Council packets only; copy available in Planning Office for public review). 3. Vicinity Map. To approve the final plat for Sunrise Estates Phase 1. *(g) Resolution No. 3028, a Resolution accepting work performed by Apollo, Inc., under contract for the Primary Digester Facilities Project No. 05-1-09. 1. Agenda Report from Robert J. Alberts,Public Works Director dated May 24,2007. 2. Resolution. To approve Resolution No. 3028, accepting the work performed by Apollo, Inc., under contract for the Primary Digester Facilities, Project No.05-1-09. (RC) MOTION: I move to approve the Consent Agenda as read. Regular Meeting 2 ,Tune 4,2007 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,"May 2007. 1. Catalina and Jesus Gomez, 1915 N. 14`h Avenue 2. Diana and David Campbell, 3602 Henry Street 3. Kim and Rick Ihnen,4207 Valencia Drive 4. Billie and Michael Cawrey, 5608 Hudson Drive (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,"May 2007. 1. Horizon Construction, 1236 N. California 5. VISITORS-OTHER THAN AGENDA ITEMS: (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: (None) S. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: Q*(a) Ordinance No. , an Ordinance of the City of Pasco, Washington, Amending the Zoning Classification of Certain Real Property located in Coles Estates, from R-T (Residential Transition)to C-1 (Retail Business). 1. Agenda Report from David I.McDonald, City Planner dated May 29, 2007. 2. Proposed Rezone Ordinance. 3. Planning Commission Report. 4. Planning Commission Minutes dated 4/19/07 and 5/17/07. MOTION: I move to adopt Ordinance No. , granting a rezone for properties in Coles Estates from R-T to C-1 as recommended by the Planning Commission and, further, to authorize publication by summary only. 9. UNFINISHED BUSINESS: (None) 10. NEW BUSINESS: Q*(a) Special Permit: Location of a Vocational Training Center (Sheet Metal Training Trust) (1718 W. Sylvester Street) (MF#SP07-003): 1. Agenda Report from David I. McDonald,City Planner dated May 29,2007. 2. Report to Planning Commission. 3. Planning Commission Minutes dated 4/19/07 and 5/17/07. MOTION: I move to approve the special permit for the Sheet Metal Training Trust of SE Washington and NE Oregon to locate a Vocational Training Center at 1718 W. Sylvester Street, as recommended by the Planning Commission. Q*(b) Special Permit: Location of a Buddhist Temple (Tri-Cities Vietnamese Buddhist Association) (1105 26`h Avenue) (MF#SP07-002): 1. Agenda Report from David 1.McDonald, City Planner dated May 29, 2007. 2. Report to Planning Commission. 3. Planning Commission Minutes dated 4/19/07 and 5/17/07. MOTION: I move to approve the special permit for the Tri-Cities Vietnamese Buddhist Association to locate a temple at 1105 26"' Avenue, as recommended by the Planning Commission. Regular Meeting 3 June 4,2007 11. MISCELLANEOUS DISCUSSION: (a) (b) (c) 12. EXECUTIVE SESSION: (a) ( ) (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, June 4, KGH—Emergency Medical Services Board Meeting. (COUNCILMEMBER TOM LARSEN,Rep.; JOE JACKSON,Alt.) 2. 12:00 p.m., Wednesday, June 6, 1135 E. Hillsboro Street — Franklin County Mosquito Control District Meeting. (COUNCILMEMBER BOB HOFFMANN,Rep.; JOE JACKSON,Alt.) 3. 9:30 a.m., Thursday, June 7, Ben-Franklin Transit, 1000 Columbia Park Trail — WSDOT SR-240 Tri- Cities Additional Lanes Completion Celebration — Richland Wye Roundabout Ribbon Cutting. (ALL COUNCILMEMBERS INVITED TO ATTEND) 4. 5:30 p.m., Thursday, June 7, Parks & Recreation Classroom — Parks & Recreation Advisory Council Meeting. (COUNCILMEMBER REBECCA FRANCIK,Rep.; MIKE GARRISON, Alt.) MINUTES REGULAR MEETING PASCO CITY COUNCIL MAY 21, 2007 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; Michael McShane,Acting City Engineer; and Jeff Adams, Associate Planner. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: (a) Approval of Minutes: Minutes of the Pasco City Council Meeting dated May 7, 2007. Minutes of the Special Pasco City Council Meeting dated May 14, 2007. (b) Bills and Communications: To approve General Claims in the amount of$1,499,612.20($77,042.94 in the form of Wire Transfer Nos. 4742 and 4745 and, $1,422,569.26 consisting of Claim Warrants numbered 160285 through 160527). To approve bad debt write-offs for utility billing, ambulance, cemetery and Municipal Court non-criminal, criminal and parking accounts receivable in the total amount of $174,468.18, and, of that amount, authorize$129,450.90 be turned over for collection. (c) Resolution No. 3026, a Resolution accepting work performed by Sharpe & Preszler, Inc., under contract for the Main Avenue Storm Water Phase II Project, Project No. 07-8-01. To approve Resolution No. 3026, accepting the work performed by Sharpe&Preszler, Inc., under contract for the Main Avenue Storm Water Phase H Project,Project No. 07-8- 01. (d) Resolution No. 3027, a Resolution accepting work performed by Goodman & Mehlenbacher Ent. Inc., under contract for the Wernett Road/Road 38 Sewer ULID #142, Project No. 05-1-10. To approve Resolution No. 3027, accepting the work performed by Goodman & Mehlenbacher Ent. Inc., under contract for the Wernett Road/Road 38 Sewer ULID #142, Project No. 05-1-10. MOTION: Mr. Watkins moved to approve the Consent Agenda as read. Mr. Jackson seconded. Motion carried by unanimous Roll Call vote. IWPORTS FROM COMMITTEES AND/OR OFFICERS: Mr. Hoffinan reported on the Good Roads &Transportation Board Meeting. Mr. Larsen attended the Benton-Franklin Council of Governments Meeting. Mayor Olson reported Pasco Detective Sgt. Scott Warren was honored by the Pasco- Kennewick Rotary Club with the John Goldsbury Award for exemplifying Service above Self. 1 3(a).1 MINUTES REGULAR MEETING PASCO CITY COUNCIL MAY 21, 2007 PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: Street and Alley Vacation—A portion of Salt Lake Street and the north/south alley adjacent Blocks 28 & 29 Frey's Addition (MF#VAC-07-005): Mr. McDonald explained the details of the proposed vacation. Mr. Garrison recused himself from this issue due to his business relationship with the applicant. , MAYOR OLSON DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE VACATION. FOLLOWING THREE CALLS FOR COMMENTS,EITHER FOR OR AGA]NST,AND THERE BEING NONE,MAYOR OLSON DECLARED THE PUBLIC HEARING CLOSED. Ordinance No. 3828, an Ordinance vacating a portion of Salt Lake Street and the north/south alley adjacent Blocks 28 & 29 Frey's Addition. MOTION: Mr. Watkins moved to adopt Ordinance No. 3828, vacating a portion of Salt Lake Street with an adjoining alley and, further, to authorize publication by summary only. Mr. Jackson seconded. Motion carried unanimously. Mr. Garrison abstained. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: Ordinance No. 3829,an Ordinance of the City of Pasco, amending Section 8.02.250 of the Pasco Municipal Code and adding Section 8.02.255, regarding animal control commercial kennel licensing,standards and inspections. MOTION: Mr. Watkins moved to adopt Ordinance No. 3829, amending Section 8.02.250 Kennels—Licensing Provision—Commercial Kennels, of the Pasco Municipal Code; adding a new Section 8.02.255 Kennel—Standards and Inspection—Commercial Kennels; and, further, to authorize publication by summary only. Mr. Jackson seconded. Motion carried unanimously. Ordinance No. 3830, an Ordinance amending PMC Title 4 relating to the permit process and time frames for preliminary plat and short plat approval. MOTION: Mr. Watkins moved to adopt Ordinance No. 3830, establishing approval time frames for subdivisions and, further, to authorize publication by summary only. Mr. Jackson seconded. Motion carried unanimously. Ordinance No. 3831, an Ordinance of the City of Pasco, amending certain Sections of the Pasco Municipal Code regarding building rental fees. MOTION: Mr. Watkins moved to adopt Ordinance No. 3831, setting facility reservation/use fees for Chiawana Park and amending Section 3.07.040 `Building Rental" of the Pasco Municipal Code and, further,to authorize publication by summary only. Mr. Jackson seconded. Motion carried unanimously. Ordinance No. 3832(option 1), an Ordinance of the City of Pasco, Washington, Amending Sections 1.10.020 through 1.10.060 of the Pasco Municipal Code defining voting districts. Council and staff discussed the details of the proposed Council District Boundaries. Ms. Francik and Mr. Hoffinann recused themselves from this issue to avoid the appearance of favoring a decision that may be construed to benefit them. 2 MINUTES REGULAR MEETING PASCO CITY COUNCIL MAY 21, 2007 Mr. Al Yenney, 900 N. Avery, inquired about the penalty for not complying with state law by the deadline. Mr. Brad Peck, 200 Rd 34, stated the process for determining council districts is flawed. MOTION: Mr. Garrison moved to adopt Ordinance No. 3832 (option 1), amending Sections 1.10.020 through 1.10.060 of the Pasco Municipal Code defining voting districts and, further, to authorize publication by summary only. Mr. Jackson seconded. Motion carried 4-1. No—Larsen. Mr. Hoffinann and Ms. Francik abstained. UNFINISHED BUSINESS: Street Vacation: A Portion of North California Avenue (MF#VAC-07-004): Mr. McDonald e:cplained the details of the proposed vacation. Mr. Garrison recused himself from this issue because a relative owns neighboring property. Ordinance No. 3826, an Ordinance vacating a portion of North California Avenue. MOTION: Mr. Watkins moved to adopt Ordinance No. 3826, vacating a portion of North California Avenue and, further, to authorize publication by summary only. Mr. Jackson seconded. Motion carried unanimously. Mr. Garrison abstained. NEW BUSINESS: Acceptance of Deed for Street Right-of-Way on North California Avenue (MF #INF007-034): Mr. Garrison recused himself from this issue because a relative owns neighboring property. MOTION: Mr. Watkins moved to accept the dedication deed from Rolling Rivers, LLC for the purpose of establishing a cul de sac on North California Avenue. Mr. Jackson seconded. Motion carried unanimously. Mr. Garrison abstained. Catch Basin Cleaning Project: MOTION: Mr. Watkins moved to approve the purchase of goods and services from Iron Horse Vac, LLC for the Catch Basin Cleaning Project, in the amount of$59,348.40 including applicable sales tax. Mr. Jackson seconded. Motion carried unanimously. MISCELLANEOUS DISCUSSION: Mr. Watkins acknowledged two Richland High School students in the audience. Mr. Hoffmann commented on the tragic shootings in Moscow, Idaho. ADJOURNMENT: There being no further business, the meeting was adjourned at 8:28 p.m. APPROVED: ATTEST: Joyce Olson,Mayor Sandy Kenworthy, Deputy City Clerk PASSED and APPROVED this 4th day of June, 2007. 3 CITY OF PASCO Council Meeting of: June 4,2007 Accounts Payable Approved The City Council City of Pasco, Franklin County,Washington We,the undersigned,do hereby certify under penalty of perjury that the materials have been furnished,the services rendered or the labor performed as described herein and that the claim is a just,due and unpaid obligation against the city and that we are authorized to authenticate and certify to said claim. Gary Crutchfield, City Manager James W. Chase, Finance Manager 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 4748 and 4751 in the amount of$94,155.06, have been authorized;that Check No.s 160528 through 160701 are approved for payment in the amount of$1,179,310.33,for a combined total of$1,273,465.39 on this 4th day of June,2007, Councilmember Councilmember SUMMARY OF CLAIMS/WIRE TRANSFERS BY FUND: GENERAL FUND: Legislative 640.00 Judicial 4,200.62 Executive 1,843.90 Police 158,695.32 Fire 2,781.07 Administration&Community Services 26,184.07 Community Development 36,132.40 Engineering 772.34 Non-Departmental 62,158.64 Library 88,642.32 TOTAL GENERAL FUND: 382,050.68 STREET 59,877.09 C. D. BLOCK GRANT 1,362.45 KING COMMUNITY CENTER 1,020.23 AMBULANCE SERVICE 1,797.99 CEMETERY 10,193.96 ATHLETIC PROGRAMS 0.00 SENIOR CENTER 2,660.21 MULTI MODAL FACILITY 1,091.00 RIVERSHORE'IRAIL&MARINA MAIN 572.06 SPECIAL ASSESSMNT LODGING 16,865.37 REVOLVING ABATEMENT 66.00 PUBLIC FACILITIES DIST 27,664.74 TRAC DEVELOPMENT 12,500.00 STADIUM/CONVENTION CENTER 6,020.92 SUN WILLOWS RESIDENTIAL DEVELOPMENT 0.00 METRO DRUG TASK FORCE 2,005.56 METRO DRUG FORFEITURE FUND 1,367.61 GENERAL CONSTRUCTION 475,929.13 WATER/SEW ER 67,636.97 EQUIPMENT RENTAL-OPERATING 18,940.61 EQUIPMENT RENTAL-REPLACEMENT 5,786.57 MEDICAL/DENTAL INSURANCE 94,155.06 CENTRAL STORES 2,179.98 FIRE PENSIONS 5,095.53 PAYROLL CLEARING 35,961.67 TRI CITY ANIMAL CONTROL 40,664.00 GRAND TOTAL ALL FUNDS: $ 1,273,465.39 3(b).1 CITY OF PASCO Council Meeting of: Payroll Approval June 4, 2007 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 May 2007 AwhicVle pres ewith for your review and approval. G hfie , City Hager James W. C se, Financial Services Manager We,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. 36233 through 36341 and EFT deposit No's. 30016742 through 30017232 and City contributions in the aggregate amount of$1,591,511.60 are approved for payment on this 4th day of June 2007, Councilmember Councilmember SUMMARY OF PAYROLL BY FUND GENERAL FUND: Legislative $ 6,175.90 Judicial 57,795.87 Executive 43,009.24 Police 446,951.88 Fire 253,777.90 Administrative&Community Services 227,865.61 Community Development 57,171.63 Engineering 63,771.11 TOTAL GENERAL FUND 1,156,519.14 CITY STREET 35,142.39 BLOCK GRANT 10,086.87 MARTIN LUTHER KING CENTER 4,873.46 AMBULANCE SERVICE FUND 108,939.74 CEMETERY 7,922.57 ATHLETIC FUND 2,659.45 SENIOR CENTER 9,948.82 STADIUM OPERATIONS 0.00 MULTI-MODAL FACILITY 224.69 BOAT BASIN 323.35 REVOLVING ABATEMENT FUND 0.00 TASK FORCE 8,599.64 WATER/SEWER 224,208.08 EQUIPMENT RENTAL-OPERATING 22,063.40 GRAND TOTAL ALL FUNDS $ 1,591,511.60 Payroll Summary Net Payroll 787,219.30 Employee Deductions 480,084.37 Gross Payroll 1,267,303.67 City of Pasco Contributions 324,207.93 Total Payroll $ 1,591,511.60 3(b).2 AGENDA REPORT FOR: City Council May 23, 2007 TO: Gary Crutchfi 1 ty tanager Workshop Mtg.: 5/29/07 Regular Mtg.: 6/4/07 FROM: Stan Strebel, �i strative & Community Services Director SUBJECT: City Website Redesign I. REFERENCE(S): 1. Cost Comparison 2, Proposed Professional Services Agreement and Scope of Work 3. Proposed Scope of S6rvices for Software Training Ii. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 5/29: Discussion 6/4: MOTION: I move to approve the Professional Services Agreement with Delphia Consulting for website design and platform and, further, to authorize the City Manager to sign the agreement. III. FISCAL IMPACT: $44,004; General Fund supplement necessary. IV. HISTORY AND FACTS BRIEF: A) Council adopted City website redesign "to reflect a contemporary style and take advantage of"portal" technologies" as a goal for 2006 - 2007. Staff assigned a team to research and review several options to determine the most suitable method to implement this goal. B) The current site is out of date and lacks the functionality and ease of use and maintenance that is now available. The comparison of multiple vendors suggested three possible methods to achieve website design and functionality. One method is a totally customized site that ranges in price of upwards of $120,000. The major drawback is reliance on consultants to design, implement and subsequently, make changes to the site, resulting in ongoing costs for such revisions. The second method is to purchase a module for each type of function to be performed (i.e. online job applications, events calendar, make payments etc.) This method is limiting in ability and flexibility and ranges in price from $44,000 to upwards of$73,000. The third method is to purchase a design and platform that is flexible and can be expanded to meet City/citizen demands as they increase over time. Staff found prices from $48,000 and upwards of$68,000 for this approach. Delphia Consulting will provide services via this method, using Refresh software, and is the recommended vendor. V. DISCUSSION: A) Staff requested assistance from Lockheed Martin Information Technologies in reviewing the proposed approach and received positive comments. Delphia offers the following, which are notable City priorities and/or in some cases not available through other alternatives: • Portal technology. • Ability to navigate to any subject matter on the website with three mouse clicks. • Navigation system providing multiple ways to move around the site. • Flexibility to grow as the needs of our internal and external customer needs expand. • Content management software providing for multiple layers of work flow approval. • Activation and expiration dates of material to be published. • Version history required to meet the Records Retention Schedule for the State. B) Delphia has provided services for a number of municipalities including the City of Bellevue, the City of Las Vegas and Mesquite, NV. Representative examples of sites employing the recommended Refresh software include: American Institute of Architects (www.aia.org); Janus (www.ianus.com); and MyNevada.gov (a multi jurisdictional website). C) Staff recommends Council approve the agreement with Delphia Consulting. 3(d) Cost Comparison Civieplus Delphia Consulting Price $31,300 $44,170 (plus annual fee) (plus annual fee) Annual Maintenance $12,900 $ 3,834 (3% increase/yr) (flat fee) Advanced Training n/a $ 6,000 Less Pre-order Discount n/a ($10,000) Total 1't Year Cost $44,200 $44,004 City of Pasco Engagement Agreement May 1, 2007 DELPI•41A CONSULTING + r, r � e i r City of Pasco, WA Engagement Agreement & SOW: Website Package Jared Dinsmore May 1, 2007 Tel 518.693.7347 1 Mobile 518.488.7944 1 Corporate 888.421.2000 Idinsm9re�delphiaconsultinq.com httg://www.delphiaconsulting.com/ Delphia Consulting LLC 1 of 13 CONFIDENTIAL City of Pasco Engagement Agreement May 1, 2007 This agreement is executed between Delphia Consulting, LLC,445 King Ave, Columbus, OH 43201, hereinafter referred to as Delphia, and the City of Pasco, 525 N 3`d Ave, Pasco, WA, 99301, hereinafter referred to as Client. The purpose of this agreement is to define the terms and conditions for consulting services to be provided by Delphia to Client. This agreement is defined in general terms and is intended to cover a variety of consulting engagements as well astrequests for consulting services and on-going support. The current project and related software purchase, if any, is included as Appendix B. A separate statement of work is not required under this agreement for each request by Client.This is a continuing Engagement Agreement. However, if requested by Client, the specific scope, objectives, and estimated hours for a specific engagement and/or request for consulting services under this agreement can be defined in a separate statement of work. I. General Assumptions Delphia has made the following assumptions for all engagements and or requests for consulting services relating to Client: 1. Delphia will assume the role of project manager; however Client will have overall responsibility for the respective projects. Client will assemble a project team and appoint a project team leader. It is understood that the implementation of any of the recommendations made by Delphia will be at Client's sole discretion. 2. Client and Delphia's personnel will establish the time frame for project completion. A project- planning meeting will be conducted with Delphia project team members to identify the scope and timing of Delphia involvement. 3. If assumptions change or a change in scope is required, Client will be advised of the impact on the timing and project fees by Delphia. II. Staffing Delphia views projects under this agreement as joint efforts led by Client, combining the skills and resources of Client and Delphia. This approach will accomplish several goals. First, the fee payable to Delphia will be lower as the result of utilizing efforts of Delphia personnel only where necessary. Second, Delphia can transfer implementation and product knowledge to Client that will allow its organization to effectively and efficiently operate and support the systems internally. III. Timing and Fees Work undertaken by Delphia will be on a fixed fee or on a time and materials basis (see Appendix B), including reasonable direct expense's. Consultants record their time to the nearest quarter hour. Our standard billing rates for this work ranges from $90 to$187.50 per hour, Specific fees/rates for services will be agreed upon for each statement of work as requested (see Appendix B). Actual traveling time between Client's premises and the professional service employee's point of departure will be billed at 50% of the normal billable rate for on-site services delivered outside of the consultant's home area. Delphia Consulting LLC 2 of 13 CONFIDENTIAL City of Pasco Engagement Agreement May 1, 2007 Fees do not include any reasonable out-of-pocket expenses for items such as training materials, telecommunication charges incurred during conference calls, air and train travel, hotel accommodation, car rental, car service or taxi, and a per diem meal allowance for engagements outside our employees' home city in an amount in accordance with IRS publication 1542. These will be separately itemized and charged. Fee estimates do not include contingencies for unknowns,which will be discussed as they arise. Delphia will work proactively with Client to continually monitor the level of Delphia participation. Delphia will provide client weekly status reports.'As noted in Appendix A,the consulting fees and expenses will be invoiced semi-monthly, and are due upon receipt. IV. Terms and Conditions Attached to this letter as Appendix"A"are the terms and conditions under which Delphia will render the consulting services described in this Engagement Agreement and as may be further described in a subsequent statement of work. V. Engagement Acceptance Signing in the space indicated and returning a copy to Delphia confirms acceptance of this agreement with the terms outlined. Any questions regarding any portion of this agreement should be directed to Brian Delphia at(614)421-2000 ext 335. Agreed and Accepted: Delphia Consulting, LLC By: Joseph P. Rotella Date Its: Chief Technical Officer City of Pasco, WA By: is Date Its: Delphia Consulting LLC 3 of 13 CONFIDENTIAL City of Pasco Engagement Agreement May 9, 2007 APPENDIX A TERMS AND CONDITIONS These terms and conditions pertain to, and are hereby incorporated in, the agreement, dated May 1, 2007, between Delphia Consulting, LLC,hereinafter referred to as Delphia, and the City of Pasco, 525 N 3rd Ave, Pasco,WA, 99301, hereinafter referred to as Client. 1. Consulting Fees:Expenses. Client shall pay to Delphia the fees as set forth in the Engagement Agreement. The minimum charge for consulting services shall be one quarter of one hour. Delphia shall invoice Client semi-monthly in arrears, for fees incurred as a result of performing the services described in the Engagement Agreement ("Services"). All invoices shall be due upon receipt by Client. Any amounts payable by Client, which are not paid within 30 days after they are due, shall bear interest at a rate of 1 112% per month from the date due until such amount is paid, Client shall reimburse Delphia for all reasonable out-of-pocket expenses actually incurred by Delphia in performance of the Services, which include but are not limited to training materials, telecommunication charges incurred during conference calls, air and train travel, hotel accommodation, car rental, car service or taxi, and a per diem meal allowance for engagements outside our employees' home city in an amount in accordance with IRS publication 1542. These will be separately itemized and charged. Client understands that services provided by Delphia consultants will be billed at the rates specified in Section III of the Engagement Agreement. 2. Warranties, Delphia warrants that it has full power and authority to enter into the Engagement Agreement and perform the Services contemplated therein. Delphia warrants that all Services will be performed in a manner consistent with generally accepted industry standards. This warranty shall be valid for 90 days from performance of the Services. Delphia DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES. 3. Confidentiality. (a) Because of the nature of the services to be performed pursuant to the consulting engagement, each party may have access to confidential information about the other ("Confidential Information"). "Confidential Information" means nonpublic information that the disclosing party designates as being confidential or which under the circumstances surrounding disclosure ought to be treated as confidential. "Confidential Information" includes, without limitation, information relating to the disclosing party's software or hardware products which may include source code, API data files, documentation, specifications, databases, networks, system design, file layouts, tool combinations and development methods as well as information relating to the disclosing party's business or financial affairs, which may include business methods, marketing strategies, pricing, competitor information, product development strategies and methods, customer lists and financial results. Confidential Information also includes information received from others that the disclosing party is obligated to treat as confidential and oral information that is identified by the disclosing party as confidential. Confidential Information disclosed by a subsidiary or affiliate of the disclosing party and/or its agents is covered by this Agreement. Confidential Information includes all tangible materials which contain Confidential Information whether written or printed documents, computer disks, or ,tapes, whether user or machine-readable. Confidential Information shall not include any information that (1) is already known to the receiving party or its affiliates, free of any obligation to keep it confidential; (2) is or becomes. publicly known through no wrongful act of the receiving party or its affiliates; (3) is received by the receiving party from a Delphia Consulting LLC 4 of 13 CONFIDENTIAL 5 t d; City of Pasco Engagement Agreement May 1, 2007 third party without any restriction on confidentiality; (4) is independently developed by the receiving party or its affiliates; (5) is disclosed to third parties by the disclosing party without any obligation of confidentiality; or (6) is approved for release by prior written authorization of the disclosing party. The parties agree to maintain the confidentiality of the Confidential Information and to protect as a trade secret any portion of the other party's Confidential Information by preventing any unauthorized copying, use, distribution, installation, or transfer of possession of such information. Each party agrees to maintain at least the same procedures regarding Confidential Information that it maintains with respect to its own Confidential Information. Without limiting the generality of the foregoing, neither party shall permit any of its personnel to remove any proprietary or other legend or restrictive notice contained or included in any material provided by the disclosing party and the receiving party shall not permit its personnel to reproduce or copy any such material except as expressly authorized hereunder, One party may only use the other party's Confidential Information in order to fulfill its obligations under this Agreement. (b) Both parties acknowledge that any use or disclosure of the other party's Confidential Information in a manner inconsistent with the provisions of the Engagement Agreement may cause the non-disclosing party irreparable damage for which remedies other than injunctive relief may be inadequate, and both parties agree that the non-disclosing party shall be entitled to injunctive or other equitable relief restraining such use or disclosure, in addition to such damages and other relief to which the non-disclosing party may be entitled by law. (c) The terms and provisions of this Section 3 shall survive any termination of the Engagement Agreement for any reason for a period of 5 years following such termination. 4. Custom Developed Software. In the event Delphia develops modifications or custom software ("Developed Software"), such Developed Software shall be and remain the sole and exclusive property of Delphia, but Delphia hereby grants to Client a non-exclusive, fully paid license to use the Developed Software. The use of the Developed Software may be subject to the server and concurrent user limitations contained in the License Agreement with the software vendor. The Developed Software shall be licensed on an "AS IS" basis and is not subject to the maintenance and support plan with the software vendor. Maintenance and support for the Developed Software may be obtained from Delphia on a time and materials basis. S. Intellectual Property Rights. In the course of the consulting engagement, Delphia may use enhancements, discoveries, processes, methods, designs and know-how, whether or not copyrightable or patentable, which Delphia conceived during the course of other consulting engagements, and Client shall not thereby acquire any ownership or other rights therein other than as provided in Section 4. In addition, Delphia may independently develop enhancements, processes, methods, designs, or know-how during the term of this consulting engagement and Client acknowledges that Delphia may use such enhancements, processes, methods, designs, and know-how in its business operations with other customers, free of any rights or claims by Client. 6. Term and Termination. The term of the Engagement Agreement(which term expressly includes These terms and conditions) shall commence on the date hereof and, unless earlier terminated as provided below, shall continue for any and all engagements and ongoing support until such time as a separate Engagement Agreement is signed which specifically replaces the present one or as otherwise stated herein. In the event of any breach of any term or provision of the Engagement Agreement by either party, the other party may cancel the Engagement Agreement by giving thirty (30) days prior written notice thereof; provided, however, that the Engagement Agreement shall not terminate at the end of the thirty (30) day notice period if the party in breach has cured the breach to the satisfaction of the other party prior to the expiration of the thirty (30) day period. In addition, either party shall have the right to terminate the Engagement Agreement without cause upon thirty (30) days prior written notice to the other party. In such case, Client shall be responsible for payment of all Services rendered prior to the date of termination. Also, Delphia Delphia Consulting L.LC 5 of 13 CONFIDENTIAL City of Pasco " Engagement Agreement May 1, 2007 may terminate the Engagement Agreement without notice if any consulting invoice is unpaid for a period greater than 30 days following its due date. 7. Limitation of Liability. Delphia's entire liability to Client or any other party for any loss or damage resulting from any breach by Delphia of the Engagement Agreement or any performance of or failure to perform the Services on the part of Delphia (including any partner, employee, contractor or agent of Delphia) or any failure of any feature of the Developed Software shall not exceed the fees paid to Delphia for the Services under the Engagement Agreement, notwithstanding any failure of essential purpose of any limited remedy. S. No Liability for Consequential Damages. In no event shall Delphia be liable for any indirect, incidental, consequential, special, or exemplary damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the Engagement Agreement or the performance or failure to perform Services, or for acts of negligence that are not reckless or intentional in nature, even if Delphia has been advised of the possibility of such damages, and notwithstanding any failure of essential purpose of any limited remedy. 9. Independent Contractor. Delphia is an independent contractor. Neither Delphia nor Client is, or shall be deemed for any purpose to be, an employee or agent of the other and neither party shall have the power or authority to bind the other party to any contract or obligation. Delphia shall retain the right to perform work for others during the term of the consulting engagement. 10. Governing Law_. The consulting engagement shall be governed by and construed in accordance with the laws of the State of Ohio. 11. Entire Agreement; Modifications. Each party acknowledges that it has read the Engagement Agreement and the Appendix attached thereto, and further agrees that the Engagement Agreement and this Appendix A are the complete and exclusive statement of the parties and supersede and merge all prior proposals, understandings, and agreements, oral or written, between the parties relating to the subject matter hereof, including, without limitation, the terms of any customer request for proposal or the terms on any Client purchase order. No modification, amendment, supplement to or waiver of the Engagement Agreement or this Appendix A shall be binding upon the parties to be charged therewith unless made in writing and signed by such party. 12. 5everablllty. In the event any one or more of the provisions of the Engagement Agreement or of this Appendix A is held to be invalid or otherwise unenforceable, the enforceability of the remaining provisions shall tie unimpaired. 13. Dispute Resolution. With the exception of claims for injunctive relief, any dispute between parties hereto involving the breach, construction, or application of any of the terms, covenants, or conditions of the agreement or any other dispute between the parties shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, provided that there shall be only one arbitrator, and judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. 14. Miring of Delphla Personnel. Client acknowledges that Delphia provides a valuable service by identifying and assigning personnel for Client work. Client further acknowledges that Client would receive substantial additional value and Delphia would be deprived of the benefits of its work force, if Client were to directly hire Delphia's personnel after Delphia has introduced them to Client. Accordingly, without the prior written consent of Delphia, Client shall not recruit or hire any personnel of Delphia who are or have been assigned to perform work pursuant to the Engagement Agreement until the expiration of one (1) year after the termination of the Engagement Agreement. In the event that Client hires any personnel of Delphia who are or have been assigned to perform work for Client, during the engagement or within one year after the Delphia Consulting LLG 6 of 13 CONFIDENTIAL City of Pasco Engagement Agreement May 1, 2007 termination of the Engagement Agreement, Client shall pay Delphia within one (1) year of the date of such hiring, an amount equal to ninety-five percent (95%) of the total first-year compensation Client pays to such personnel, which shall be deemed a fee for the additional benefit obtained by Client. Any bonus or other compensation paid in respect of the first year's services by such personnel, regardless of when paid, shall be deemed part of total first year compensation. 15. Force Maieure. Delphia shall not be responsible for failure to perform in a timely manner under The Engagement Agreement when its failure results from any of the following causes;Acts of God or public enemies, civil war, insurrection or riot, fire, flood, explosion, earthquake or serious accident, strike, labor trouble or work interruption,or any cause beyond its reasonable control. 16. Notices. Any notice or other communication required or permitted to be given by either party to The other shall be in writing and shall be deemed to have been duty given on the day of service if served personally or by facsimile transmission with confirmation, or three (3) days after mailing if mailed by First Class mail, registered or certified, postage prepaid, and addressed to the respective parties at their principal place of business or at such other addresses as may be specified by either party. 17. Promotion. Each party authorizes the other to indicate in its advertising, marketing and other promotional materials and undertakings that the Client uses the software licensed in conjunction with this agreement, 18. Reference. Client will act as a client reference for Delphia on an as needed basis.As well, Client agrees that they will participate in a success story for the software to be published on Delphia's web site. 19. On-site Workspace. Client shall provide Delphia suitable office accommodations and access to computers so as to enable Delphia to perform the Services pursuant to the Engagement Agreement. Delphia Consulting LLC 7 of 13 CONFIDENTIAL City of Pasco Engagement Agreement May 1, 2007 APPENDIX B Statement of Work This Statement of Work outlines our fees to complete the project defined below and serves as your authorization for Delphia Consulting to proceed with the project. Project Name: City of Pasco eGov Website Package WEBSITE IMPLENTATION SERVICES:; Includes: Project Planning&Management Establishing Baseline&Expected Metrics Establishing Marketing&Branding Guidelines Site Navigation&Page Type Design Site Map Creation Visual Design(1 Iteration),CSS Creation,Graphics&Artwork Production Complete Website Development(Database, User Interface,Business Logic,Asset Type) Development of two web based forms for capturing and passing data to eTrack It application Linking to all existing 3'd party applications Quality Assurance Testing System Integration and Support(Up to 4 hours) SR2 Super User Training(includes: One 4-hour remote training session for 5 users) Super User Support(Up to 5 hours or remote support) SR2 CONTENT MANAGEMENT SOFTWARE., Includes: 1 Content Domain Includes 5 Named Users for Content Management System 6—Additional on Users 1 Year of Standard Support&Maintenance FEES: Licensed Product: $19,170 Licensed Product Support&Maintenance: $3,834 Website Implementation Services: $15,000 'Total Fees: $38,004 Terms: • $23,004(for license products&maintenance/support)will be invoiced upon receipt of signed Engagement Agreement and Statement of Work. • $15,000 will be invoiced upon completion and delivery of agreed services. NOTES and ASSUMPTIONS: 1. Includes Pre-Order discount 2. Website&CMS features are detailed on page 9. 3. Included Asset Types detailed on page 11. 4. Implementation project is expected to start around mid to late May. S. Implementation of website will take 30-60 days from the time the project begins. 6. City of Pasco will be responsible for all travel related expenses for any onsite training. 7. Fixed fee pricing includes expenses for items such as training materials&telecommunication. 8. Client is responsible for software system requirements as specified at: http://www.refreshsoftware.com/SR2_Tech_Requirements 9. Client is responsible for website hosting and ongoing website maintenance. Delphia Consulting LLC 8 of 13 CONFIDENTIAL I i City of Pasco Engagement Agreement May 1, 2007 Website Features User&task oriented design Events calendar Customized look&feel Photo gallery Dynamic home page News archive User centric portals Staff directory ccessibility features Related links Site search Maps Printer friendly pages Integration with 3"d party applications Search engine optimization Website traffic statistics Website Will Provide Easy Access To Information About: Applying For: Assistance,Committees,lobs,Licenses,Permits,&Variances Checking Status Of: Licenses,Inspections,Traffic,Zoning Finding: Bid Information, Businesses,Emergency Info, Events, Meetings, Parks,etc Paying: Taxes,Tickets,&Utilities Registering: Classes,Pets,Programs,Vehicles,Vote Reporting: Feedback,Problems,Tips,Violations Requesting: Agenda Slots,Public Records,Services, Zoning Information Seeing: Agendas,Documents,Maps,News Releases, Photo Galleries,etc SR2 Content Management System Features For Content Contributors: Create,edit,approve,delete,and publish website content without any technical background Avoid any dependencies(and delays)on technical resources for managing website content Avoid conflicting content updates by checking in/checking out content Create a single piece of content and display it in multiple places(within the same site or multiple sites) For Technical Resources: Integrates into your environment seamlessly and is compatible with other standards-based technologies Comes with an open API,allowing you to integrate data to and from any outside application Avoids the issue of proprietary repositories and vendor lock-in by leveraging proven Oracle and SQL database standards for storage and publishing Role based permissions allow you to control not only what pages users can access,but also what features are accessible to them as well Content versioning allows you to roll back the site at any point in time Delphia Consulting LLC 9 of 13 CONFIDENTIAL City of Pasco Engagement Agreement May 1, 2007 Asset Types Asset Types define what information is to be collected and associated with each content asset.They allow you to capture the recurring structure inherent in your content,making it easy to use and repurpose the content.For example, it is easy to recognize that all press releases share some common attributes,like title,release date and contact information,while all job descriptions share another set of common attributes,including title, responsibilities and salary.With SR2,you capture this structure by defining one asset type for press releases and another for job descriptions.Asset Types,therefore,define the data and meta-data fields associated with a particular kind of content. Content authors create and edit individual content assets through data entry forms corresponding to a particular Asset Type.SR2 automatically generates and deploys the appropriate entry form-providing a consistent user interface and reinforcing the separation of content from format notion.Authors can create any number of assets per Asset Type. Assets Content Management systems deal with discrete pieces of content,called content components or assets.The assets may be anything from a chunk of text to a complete file or image.The assets are authored,stored,edited, and versioned individually,under control of a workflow manager.Text based assets are created directly within the Content Management system,rather than relying on external tools,giving the system complete access to the content. Assets can be items such as images(including buttons,banner graphics,logos,photographs,and so on),text, Flash content,or other media. Delphia Consulting LLC 10 of 13 CONFIDENTIAL City of Pasco Engagement Agreement May 1, 2007" included Asset Types The following Asset Types(and their associated attributes)will be included as part of your implementation. This pre-defined list is not subject to iteration as part of your implementation. Asset Type Destri tio� album photo album bid bid bidStatus Bid Status cityCouncil city council cityService city service class Class committee committee department Info on city government departments ,event event 'eventCategory list of categories of events facilityType Facility Type file use for uploaded files fileCategory File Category fileFormat file format fileType file type general information General Information image use for uploaded images imageCategory Image Category imageType image type job job jobClassification Job Classification jobStatus Job Status keyword keywords used in the site to group data link various links:external,internal,etc. IinkType info on the types of links available location location menu left navigation menu news news article newsCategory news category page page-specific info pagePortal portal page pagePreview preview page wrapper parkFacility Parks,Trails and Facilities parkFacilityCategory parkFacility Category person info on a person within the city hierarchy personPosition position of person within city government structure personType person type portal portal portalCategory I portal category Delphia Consulting LLC 11 of 13 CONFIDENTIAL City of Pasco Engagement Agreement May 1, 2007 Asset Type Description recurrenceDay event,recurrence day(s) recurrencelnterval event recurrence interval reportTopic report topic serviceCategory service category spotlight spotlight article spotlightCategory Spotlight Category utilityCategory Utility Category utilityProvider utility provider webForm web form Delphia Consulting LLC 12 of 13 CONFIDENTIAL City of Pasco Engagement Agreement May 1, 2007 Engagement Acceptance Signing in the space indicated and returning a copy to Delphia confirms acceptance of this Statement of Work and authorizes Delphia Consulting to proceed with the project listed pursuant to the terms and conditions outlined in our Engagement Agreement dated May 1, 2007. Terms Option: Agreed and Accepted By: Date: Delphia Consulting LLC 13 of 13 CONFIDENTIAL 4 City of Pasco April 11, 2007 J4y?y4.�.�wul ' F n DELP"IA CONSULTING Y '� QV t � C ,w Vhf b�I "�6 l G.t. .'+, �M '"d,�"k,�u.�" ,"9' 'kda... k�V�., S•4�f, �' ��u.. tr'r r City of Pasco, WA Statement of Work Development & Training by Refresh Software Jared Dinsmore April 11, 2007 Tel 518.693.7347 1 Mobile 518,488.7944 1 Corporate 888.421.2000 idinsmore(c7delphiaconsultinq.com htti)://www.delphiaconsuIting.com/ Delphia Consulting LLC Confidential Y City of Pasco April 11, 2007 Statement of Work This Statement of Work outlines our fees to complete the project defined below and serves as your authorization for Delphia Consulting to proceed with the project. Project Name: Development'&Training by Refresh Software Upon completion and delivery of the City of Pasco website by Delphia Consulting, Refresh Software will complete i. and deliver: SR 2 Content Management System Advanced Developer Training: 2)4 Day Training Includes: SR2 Content Management Configuration Training On: 0 Asset Types 0 Content Domains DB Replication SR2 Content Delivery Training On: 0 SR2 Content Retrieval Objects k Workflow Triggers Web Services Additional Training On: How the subscription was setup The ability to create forms to capture input from citizens for departmental uses • examples:job application,public records request,city committee application Create new pages as requested Understand the website navigation--how it works and how to make changes A Day Training Preparation Job Postings Development: City of Pasco will be able to post job openings on the website. Users navigating the site will then be able to submit a resume and Cover Letter which will be emailed to the appropriate person that posted the Job. Newsletter Development: Refresh Software will provide the interface to write the newsletters and integrate the system to email residents that have signed up for the newsletters. The newsletters will have a subscription area on the site. Fees: Training&Development $6,000 Total Fees $6,000 NOTES and ASSUMPTIONS: 1. Training will be performed by a member of Refresh Software. 2. Training will be held onsite at the City of Pasco. 3. Pasco will be responsible for travel expenses for the onsite training. Delphia Consulting LLC Confidential City of Pasco April 11, 2007 Engagement Acceptance Signing in the space indicated and returning a copy to Delphia confirms acceptance of this Statement of Work and authorizes Delphia Consulting to proceed with the project listed pursuant to the terms and conditions outlined in our Engagement Agreement dated April 10, 2007. Agreed and Accepted By: Date: Delphia Consulting LLC Confidential AGENDA REPORT NO. 45 For: City Council May 22, 2007 To: Gary Crutch a Manager Workshop: 05/29/07 Regular: 06/04/07 From: Richard J. Smit , Director V4� Community an Economic Development SUBJECT: REGIONAL FACILITIES STUDY 1. REFERENCE(S): A. Oversight Committee Conclusion and Recommendations B. Amendment#1 to Interlocal Agreement C. Phase 2 Scope of Work D. Study of Potential Regional Centers (Study is in Council packets only; copies available for public review in the Community Development office, at the Pasco Library or on the City's webpage at www.ci.pasco.wa.us.) ii. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 5/29/07: Workshop: Discussion. 6/04/07 Regular: Motion: I move to approve Amendment No. 1 to the Interlocal Agreement between the Cities of Kennewick, Pasco and Richland for Joint Planning for Regional Centers. III. FISCAL IMPACT: 1/3 of cost of study not to exceed $10,000. 1V. HISTORY AND FACTS BRIEF: A) In May, 2006, Pasco entered into an Interlocal Agreement with Kennewick and Richland regarding joint planning for regional facilities such as an aquatic center or performing arts center. Under the terms of the Agreement, Pasco was designated as the "Contracting Agency"responsible for entering into a contract with a consultant who would provide the Oversight Committee with technical assistance. B) On May 23, 2006 the City entered into a contract with E.D Hovee and Company on behalf of the Oversight Committee. Hovee has completed a study of potential regional centers and submitted a Final Report(see Attachment D). C) The Oversight Committee has reviewed the Final Report and met with E.D Hovee. At their last meeting on April 2, the Committee reached agreement on conclusions and recommendations (see Attachment A). D) The Committee decided that Matt Watkins, in his capacity as Committee Chair, would present the conclusions and recommendations to each of the City Councils at workshops. The presentation schedule is as follows: 1. Pasco May 29 2. Kennewick June 5 3. Richland June 19 (tentative) V. DISCUSSION A) One of the Oversight Committee recommendations is that E.D Hovee, the consultant, undertake additional work (see Attachment C Phase 2 Scope of Work). The cost for this additional work will be $27,500 (with some possible additional costs for extra meetings that the Committee may feel are needed). Each City will be responsible for one-third of the cost with a cap of$10,000 for each city(see Attachment B). B) if the Council wishes to proceed with the recommendation of the Oversight Committee, an Amendment to the Interlocal Agreement can be acted on the June 4 Regular Meeting. 3(e) Attachment "A" REGIONAL FACILITIES OVERSIGHT COMMITTEE CONCLUSIONS AND RECOMMENDATIONS BACKGROUND While the Cities of Kennewick, Pasco and Richland have worked together on regional issues for a number of years, there have been no mechanisms available to the communities to work together on special purpose, regional capital projects. In 2006, the respective Councils of each community determined that a special committee, made up of two Councilmember From each Council and the City Managers of each City, could identify these issues and develop a path forward that would allow communities the ability to work together, and more importantly, jointly share in the cost, of regional special purpose projects, regardless of location. This committee became the Regional Oversight Committee. In late 2006, the Cities entered into an interlocal agreement to hire E.D. Hovee and Company, LLC, to perform the following: • Identify potential `regional center" projects together with an assessment of the community need for each of the identified projects. • Recommend a process for project and site selection. • Identify multiple mechanisms whereby the community could accomplish capital funding, operations, maintenance and ownership of the identified projects. • Assess community support for each of the identified potential projects. The work consisted of interviews with community leaders, research of similar projects, and a series of public meetings in each community. The resulting report from that work is provided in Attachment A. CONCLUSIONS Based on the findings within the report, the public meetings, and other information, the Oversight Committee makes the following conclusions. There is public interest and public support for the Cities to collectively work together on development, construction and operation of regional, special purpose projects which are not otherwise likely to be realized. • While there are a number of ideas for regional, special purpose projects, the only projects developed to the extent necessary to move forward are the proposed Aquatic Center and the proposed Performing Arts Center. Both projects have active champions who have done a significant amount of pre-design and pre-planning work. a t.; • Columbia Basin College's plan to replace it's performing arts theatre presents a unique and timely opportunity for CBC and the community to realize a larger, more versatile facility than it might otherwise construct while providing the community with a financial partner for both construction and long-term operations. • The Aquatic Center can be located in any of the three communities. • While there are certainly opponents to any new tax neither tax project can realistically be realized in the region without voter approval. Therefore the cities should present to the voters the most viable plan for financing these projects. • Both Metropolitan Park District (MPD) and Public Facility District (PFD) based funding mechanisms were seriously considered. The MPD is an option for a multi- jurisdiction approach to funding public facilities with a voter approved property tax base. On the other hand, the MPD would not have direct access to sales tax funding and would add a new layer of regional government. A PFD based funding mechanism would require voter approval in three jurisdictions but would have access to sales taxes for funding. • The Committee believes that use of sales tax is the most equitable and best funding mechanism in that all visitors to the Tri-Cities would contribute to funding by making retail purchases. Thus, the PFD option is preferred over the MPD. Moreover, the creation of another new special purpose district reliant on property tax, like the MPD, would unnecessarily consume a portion of the limited property tax capacity upon which several local entities (schools, hospitals and libraries) rely upon for delivery of essential public services and facilities. RECOMMENDATIONS Given the conclusions provided above. The Oversight Committee makes the following recommendations: • The Cities adopt the following vision: In 2008, the Cities shall put forward to the voters of this region a proposal to construct and finance regional public facilities, including, but not necessarily limited to, an Aquatics Center and a Performing Arts Center • The Cities take the necessary steps to prepare the projects for the ballot: 1. Perform due diligence with existing PFD's regarding the funding mechanism and how the organization will be structured (i.e. a regional PFD or an interlocal between the existing PFD's). 2. Perform due diligence with the Tri-Cities Regional Aquatic Center Task Force and the principles of the former Corporate Council for the Arts and Columbia Basin College to update facility plans, capital costs, operating costs, and management plans. 3. At this point, it is anticipated that the Oversight Committee will recommend to the respective city councils and PFD's the scope and timing of the ballot issue based on a review of the consultant's work. Q. Hold a series of public workshops to inform the voters regarding the projects. • To assist the Oversight Committee in carrying out these tasks, the Committee recornmends extending the Interlocal Agreement and increasing the funding provided by the Cities an additional $10,000 per City. The Oversight Committee shares the desire of the public, and likely the desire of the Councils, that we should just get on with it, but utilizing Hovee ensures that no single City's resources are overtaxed in performing this work and maintains a layer of neutrality fostered by the Oversight Committee and will best assure the necessary work is completed in a timely manner. Attachment "B" AMENDMENT NUMBER 1 TO INTERLOCAL AGREEMENT BETWEEN THE CITIES OF KENNEWICK, PASCO, AND RICHLAND FOR JOINT PLANNING OF REGIONAL CENTERS WHEREAS, the Cities of Kennewick, Pasco, and Richland entered into an Interlocal Agreement on May 23, 2006, with respect to Joint Planning for Regional Centers; and NOW THEREFORE, this Agreement is amended to allow the City of Pasco, as contracting agent, to arrange for the consultant to expand the scope of work as described in Attachment A 1. Scope of Work Task A - Prepare a report containing a proposed Regional Center funding and organizational program together with meeting to discuss results with the Oversight Committee Task B - Second interim report containing Aquatic Center/Performing Arts Center proposals and consultant due diligence evaluation together with Oversight Committee meeting to discuss results and recommend next steps leading to a Public Facility District funding measure for 2008 voter consideration. 2. COSTS A_- Pay one-third of the actual cost of additional consulting services secured for the preparation of the Regional Centers Plan, provided the share of each party shall not exceed ten thousand dollars. ($10,000) 3. TIME OF PERFORMANCE Task 1 A & B --- The consulting services shall be completed for the project on or before September 30, 2007. 3 DATED THIS DAY OF , 2007 IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year first above. CITY OF PASCO Joyce Olson, Mayor CITY OF KENNEWICK James R. Beaver, Mayor CITY OF RICHLAND Robert A. Welch, Mayor Attachment "C" PHASE 2 REGIONAL CENTERS SCOPE OF WORK (REVISED DRAFT - MAY 10, 2007) The focus of this Phase 2 regional centers Scope of Work is intended to facilitate the recommendation of the Oversight Committee that: In 2008, the Cities shall put fornvard to the voters of this region a proposal to construct and finance regional public facilities, including, but not necessarily limited to, an Aquatics Center and a Performing Arts Center. A preliminary draft Scope of Work was presented and discussed by E. D. Hovee& Company, LLC with the Oversight Committee at its meeting of May 2, 2007. This proposal has been revised based on direction received from the Oversight Committee discussion. Phase Regional Centers Estimated Proposed 2 Work Task Schedule Budget Task 1. Regional Center PFD / Sales Tax Funding &t Organizational Proposal • Preparation of a recommended funding package July—August $17,500 pursuant to a Public Facility District and sales tax . funding mechanism as recommended to the Cities by the (to be refined in Oversight Committee. conjunction • Preliminary contacts and follow-up meetings with local with Task 2) jurisdiction legal and outside bond counsel together with selected area legislators and statewide organizations such as the Association of Washington Cities regarding current statutory authorization with PFD mechanisms and potential for amendments to enabling statutes with the 2008 legislative session. • Meetings with representatives of each Tri-Cities/County PFD to identify critical issues to address and potential approaches including agreement templates appropriate to assure continuity of existing funding and services. • Follow-up detailed tax and funding analysis, procedural and governance requirements associated with a proposed PFD sales tax funding proposal. • Preparation of draft proposals to amend to state enabling legislation for PFD mechanisms consistent with Oversight Committee direction in conjunction with input from legal/bond counsel and legislative advice. Deliverable: First interim report containing a proposed Regional Center funding and organizational program together with meeting to discuss results with Oversight Committee. a Regional Centers Estimated Proposed Phase 2 Work Task Schedule Budget Task 2. Aquatics Center& Performing Arts Center Proposals & Due Diligence • Contact and consultation with representatives of both July-September $10,000 proposed Regional Center projects to confirm interest in proceeding and mechanisms for preparing formal (with schedule project and site submittals. subject to • Oversight Committee issuance of a formal request for possible project proposals from the Aquatics Center(AC) and modification if Performing Arts Center(PAC)—at a minimum expected requested from to cover refined project/facility plans,proposed sources project and uses of capital funding, projected operating budget, proponents and and management plan together with authorization for agreed to by submittal from each proponent's board of directors. Oversight • Follow-up to clarify or seek added information from Committee) Regional Center proponents as needed to complete Task 1/2 due diligence and funding proposals related to potential tax sources pursuant to proposal and siting criteria outlined with the Phase 1 Study of Potential Regional Centers. Deliverables: Second interim report containing AC/PAC proposals and consultant due diligence evaluation together with Oversight Committee meeting to discuss results and recommended next steps leading to a PFD funding measure for 2008 voter consideration. Proposal Notes: • Scope of Work covers near-term strategic planning for an Aquatics Center and Performing Arts Center only. Planning will also address long-term consideration of future additional regional centers as part of a preferred community-driven approach to on-going regional centers development. If other facilities such as existing PFD projects are included during the process for near-term strategic planning, this Scope of Work together with project budget and schedule may be revised accordingly as is mutually agreeable between the parties. • Covered by this Scope of Work are two meetings with the Oversight Committee, one each at the conclusion of Tasks 1 and 2. Participation in additional meetings with the Oversight Committee or other entities by consultant E. D. Hovee can be provided, if requested, at an added budget cost of$1,200 per meeting including professional time and travel expenses. • Scope of Work does not include potential tasks or costs of lobbying with the 2008 or subsequent sessions of the Washington State Legislature. Also not covered are costs of a potential survey, additional public involvement activities and related services as may be directed in the future by the Oversight Committee and participating Cities. Any or some 2 e. combination of these services, if desired from the consultant, could be considered with a supplemental Scope of Work and associated project budget as may be mutually agreeable between the parties. • Scope of Work assumes primary responsibility for project proposals is to Regional Center project proponents and not project consultants or Oversight Committee. • All deliverables produced by consultant team will be provided to the Oversight Committee or its designee in electronic (Word or pdf) format, for reproduction and distribution by the Committee. • Consultant will invoice for each task upon completion pursuant including Oversight Committee acceptance of deliverables. If the schedule is extended beyond what is indicated with this Scope of Work at the direction of the Oversight Committee, progress payments may be made as is determined by agreement of the consultant and Oversight Committee. • Budget and schedule are subject to modification as may be mutually agreed between the parties. The proposed schedule assumes ability to obtain rapid response and approvals or revisions of work products from the Oversight Committee and other project participants. a 3 AGENDA REPORT NO. 49 FOR: City Council DATE: 5/31/07 TO: Gary Crutchfield, City Manager WORKSHOP: Richard J. Smith, Director REGULAR: 6/4/07 Community and Economic Development FROM: David I. McDonald, City Planner X� SUBJECT: FINAL PLAT: Sunrise Estates Phase 1 (All Pro Contracting) (MF # FP07-004) I. REFERENCE(S): A. Final Plat (Council Packets only-Copy available in Planning Office for public review) B. Vicinity Map II. ACTION REQUESTED OF COUNCILISTAFF RECOMMENDATIONS: MOTION: I move to approve the final plat for Sunrise Estates Phase 1. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. The City Council previously approved a preliminary plat for Sunrise Estates. The developer is now seeking final plat approval for Phase 1 of the plat. B. The plat contains 65.1ots. V. DISCUSSION- Prior to the approval of a final plat, the developer is to either install all infrastructure or post a bond or other instrument that secures the financing for the improvements. In this case, the developer has completed most of the improvements and has provided the City with a bond in an amount sufficient ($250,000) to cover the costs of the outstanding improvements. The final plat shows and contains information on primary control points, tract boundaries, dimensions, bearings, lot numbers and other necessary engineering data. In addition the plat contains the required descriptions, dedications and acknowledgment and approval sections. VI. ADMINISTRATIVE ROUTING: 3(f) Or �r7'rL�' ix n r r'W r r l� f� S• �C � w A :d4p 'T r ff ru,'ffl( ' A 1/ Ar , p, e �• xW >H s id Ssi , �P} tr" t �p rF 1• 55 zz �pyy , r fY p Y Yr tr't LU • � �� t � !1 4 e d � �iY r r6 p •ley � d+� � �* L� r �� ,y �kf�� ya flmi t�� r- a r • t ak3� kg� n � 'Wl�r �; � i � � � a ,t fAY ui w aF • • �� � � e:"� '�� Fps C� y,J v�, s r A°'�'� g �'� 3 ry • � �� fi M M � wFS 4; � 1; k�4 x�.e �r,l � 'Y !/PIS q� yy 1 - ,,WALDEMAR AV •,.f.� E t 71 . AGENDA REPORT NO. 13 FOR: City Council DATE: 5/24/07 TO: Gary Crutchfield, City Manager Regular: 06/04/07 FROM: Robert J. Alberts, Public Works Director SUBJECT: Accept Primary Digester Facilities, Project#05-1-09 I. REFERENCE(S): 1. Resolution II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 06/04/07: MOTION: I move to approve Resolution No. Z-'Q accepting the work performed by Apollo, Inc., under contract for the Primary Digester Facilities, Project#05-1-09. ILI. FISCAL IMPACT: Water/Sewer Fund IV. HISTORY AND FACTS BRIEF: On January 3, 2006 the City Council awarded the Primary Digester Facilities Project, #05-1-09 to Apollo, Inc. $2,587,872.90 including applicable taxes. The final cost of the project was $2,666,315.48 including applicable taxes. The work is now complete and staff recommends acceptance of the work. V. ADMINISTRATIVE ROUTING Project File 3(9) RESOLUTION NO. 30;)9 A RESOLUTION ACCEPTING WORK PERFORMED BY APOLLO, INC., UNDER CONTRACT FOR THE PRIMARY DIGESTER.FACILITIES PROJECT#05-1-09 WHEREAS, the work performed by Apollo, Inc., under contract for the Primary Digester Facilities Project #05-1-09, 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 Apollo Inc., under contract for the Primary Digester Facilities Project #05-1-09, 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 4th day of June, 2007, Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy Leland B. Kerr Deputy City Clerk City Attorney AGENDA REPORT NO. 46 FOR: City Council DATE: 5/29/07 TO: Gary Crutchfield, City Manager WORKSHOP: Richard J. Smith, Director REGULAR: 6/4/07 Community and Economic Development FROM: David I. McDonald' City Planner- SUBJECT: Rezone from R-T (Residential Transition) to C-1 (Retail Business) Coles Estates (Carlson & others) (MF# Z07-001) I. REFERENCE(S): A. Proposed Rezone Ordinance B. Planning Commission Report C. Planning Commission Minutes: Dated 4/19/07 & 5/17/07 II. ACTION REQUESTED OF COUNCIL STAFF RECOMMENDATION: MOTION: I move to approve Ordinance No. granting a rezone for properties in Coles Estates from R-T to C-1 as recommended by the Planning Commission, and, further to authorize publication by summary only. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. On April 19, 2007 the Planning Commission conducted a public hearing to determine whether or not to recommend a rezone from R-T to C-1 for a number of parcels located in Coles Estates north of Sandifur Parkway. B. Following the conduct of a public hearing, the Planning Commission reasoned it would be appropriate to recommend a change in zoning for the property in question. C. No written appeal of the Planning Commission's recommendation has been received. V. DISCUSSION: VI. ADMINSTRATIVE ROUTING: $(a) �w ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington, Amending the Zoning Classification of Certain Real Property Located in Coles Estates, from R-T (Residential Transition) to C-1 (Retail Business). WHEREAS, a complete and adequate petition for change of zoning classification has been received and an open record hearing having been conducted by the Pasco Planning Commission upon such petition; and, WHEREAS, that the effect of the requested change in zoning classification shall not be materially detrimental to the immediate vicinity; and, WHEREAS, based upon substantial evidence and demonstration of the Petitioner, that: (A) the requested change for the zoning classification is consistent with the adopted Comprehensive Plan; (B) the requested change in zoning classification is consistent with or promotes the goals and objectives of the Comprehensive Plan serving the general public interest in the community; and (C) there has been a change in the neighborhood or community needs or circumstances warranting the requested change of the zoning classification and (D) the ,,request for change in zoning classification is categorically exempt under the Washington State Environmental Policy Act, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. That the Zoning Ordinance for the City of Pasco, Washington, and the Zoning Map, accompanying and being part of said Ordinance shall be and hereby is changed from to R-T Residential Transition to C-1 (Retail Business) for the real property as shown in the Exhibit "1" attached hereto and described as follows: Lots 9-10 and Lots 21-24, Coles Estates Section 2. This ordinance shall take full force and effect five (5) days after its approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this 4th day of June 2007. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy Kenworthy Leland B. Kerr Deputy City Clerk City Attorney r rs adoa M� U a z� w x NI � o _ p _ �❑ ¢ T O 00 _m p p 2 � Q LO ° z 0. �.� } x LU /V1 0- O Ltj VJ _ 31SN1 1.S3M _p r✓ • w r T 1 -trr� n � z O O adoa JOIN RQHI n o 0 V./ • r"� z o � � }) in l QNVICJ. .. Non30 11 a ndo ` J - LLI Ik. REPO, �tT TO PLANNING COMMISSION MASTER FILE NO: Z07-001 APPLICANT: Carlson (et al) HEARING DATE: 04/ 19/07 21 Sunset View Rd ACTION DATE: 05/ 17/07 Pasco, WA 99301 BACKGROUND REQUEST: Area wide Rezone from RT (Residential Transition) to C-1 (Retail Business). 1. PROPERTY DESCRIPTION: Legal: Lots 9, 10, and 21-24 of Coles Estates. ). General Location: Generally the north side of Sandifur Parkway, opposite Outlet Drive. Property Size: Approximately 13.5 acres 2. ACCESS: The property has access off of Sandifur Parkway. 3. UTILITIES: All municipal utilities are available to the site. 4. LAND USE AND ZONING: The site is currently zoned RT (Residential Transition) and is vacant. Zoning and land use of the surrounding properties is as follows: NORTH- RT/Vacant. SOUTH- C-1/Vacant. EAST- C-1/Vacant. WEST- C-1/Vacant. Property to the west, but not immediately adjacent to the site has been developed with law offices. The old ice rink, located to the west, has been converted to a mini storage facility. Property to the east, but not immediately adjacent to the site has been developed with two veterinary clinics. Property to the south, but again not immediately adjacent to the site has been developed as a retail (outlet) center. 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area for commercial uses. t 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 applicant is seeking to rezone the property in question from R-T to C-1 to make the zoning on the property consistent with the land use designations on the Comprehensive Plan land use map.). At the time the Comprehensive Plan was developed there was no development in the 1-182 corridor, except for the Desert Plateau/Riverview Heights neighborhood. The plan envisioned development would occur radially from the major interchange nodes of Road 68 and Road 100. Through the implementation of land use regulations development has expanded as planned from the interchange nodes. In the early 1990's the City extended and expanded infrastructure facilities to support urban development in the I-182 corridor. The property is currently zoned R-T (Residential Transition). The R-T zone is essentially a holding zone for undeveloped that will some day transition to high density urban uses principally residential uses but as in this case commercial uses. When discussing a possible rezone for the property in question the Planning Commissions needs to consider the intended and existing character of the surrounding neighborhoods, in this case the commercial development that is beginning to occur near the property. To protect and enhance the establishing commercial character of the neighborhood zoning for the site in question should be compatible with the adjoining commercial lands. In reviewing this proposed rezone the Planning Commission will need to considered whether there have been any changing conditions within the neighborhood that would warrant the property being rezoned The initial review criteria for considering a rezone application are explained in PMC. 25.88.030. The criteria are listed below as follows: 1. The changed conditions in the vicinity which warrant other or additional zoning: 2 Other properties in the area have gradually been zoned for retail business/commercial uses, in accordance with the City's growth pattern and providing for development similar to that along Road 68. 2. Facts to justify the change on the basis of advancing the public health, safety and general welfare. The property was zoned Residential Transition to hold the property for future use as identified in the Comprehensive Plan. Designating this site for C-1 Retail Business uses will allow the development of facilities that will serve the residential properties in the area, thereby benefiting the general welfare of the community. 3. The effect it will have on the nature and value of adjoining property and the Comprehensive Plan. Rezoning this property for commercial development will cooperatively enhance the commercial development on neighboring properties. Development of this area as a commercial center will support the residential communities in this part of the City. 4. The effect on the property owner or owners if the request is not granted. The current zoning serves as a transitional designation until such time as the property receives a more specific designation. If the property were not to be designated for commercial development, it would be detrimental to the property owners. As the property is surrounded by other commercially zoned properties, it would be difficult to develop the site for contrasting uses. S. The Comprehensive land use designation for the property. Comprehensive Plan Policy LU-4-13 requires the encouragement of the concentration of commercial activities which are functionally and economically beneficial to each other. Rezoning this property for commercial uses would allow it to be developed in a manner similar to the adjoining properties. 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 3 result of factual testimony and evidence submitted during the open record hearing. 1) The site is zoned RT (Residential Transition). 2) The RT zoning was established when the property was annexed into the City approximately 25 years ago. 3) Properties adjacent to this site are zoned C-1. 4) Three new office buildings have been constructed in the general vicinity within the last few years. 5) The Comprehensive Plan designates the property for commercial uses 6) Sandifur Parkway is located on the South side of the property in question. 7) Sandifur Parkway is an east/west arterial street. CONCLUSIONS BASED ON STAFF FINDINGS OF FACT Before recommending approval or denial of a rezone the Planning Commission must develop its conclusions from the findings of fact based upon the criteria listed in P.M.C. 25.88.060. The criteria are as follows: (1) The proposal is in accord with the goals and policies of the comprehensive plan. The goals and policies of the Comprehensive Plan encourage the concentration of commercial activities which are functionally and economically beneficial to each other. (2) The effect of the proposal on the immediate vicinity will be materially detrimental. Currently the property is zoned Residential Transition, which is a temporary designation until a more permanent determination is made. The surrounding properties will not be detrimentally impacted 4 , �r by the proposed change because the land will be able to be developed with similar land uses that are beneficial to one another. (3) There is merit and value in the proposal for the community as a whole. The proposal will help create a commercial center to serve the surrounding residential communities in this area of the City. (4) Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. No conditions are needed. (5) A concomitant agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement. A concomitant agreement is not necessary. RECOMMENDATION MOTION: I move the Planning Commission adopt the Findings of Fact as contained in the May 17, 2007 staff report. MOTION: I move, based on the findings of fact as adopted, the Planning Commission recommend the City Council rezone the site from RT (Residential Transition) to C-1 (Retail Business). 5 a !a m mm .'� L!�ft IC I f 6 WVA ON ;�► + r xt mom , `° �^ 7 + " l MAN �i$� d yYy� 9 P / a t Y yk i P. S,kF.� n k ' li .w� �� y � � '47� g• �y '. a� � ��* �"��Y �4�T"��'h.� 'mac C `r`�, 1 i rev �1."-,. � ,�` Y �d ,v v Ic � '� �� �+A„'� �.�+u`c r•4�� ���.`� a. '+�"�� 't '.t� •� � Y x RY' i I� IS dak Nil 1 l� mn k rpr - MEMO 0 1 SA. yqq�� RRRR qq�� moll one■�■■■■■■■■■�■■■■■�1 r - db oil ■ w NINO■ ■1// e ► r,. Elm m mm ■ ■■■■ ' ■■ ■■�■■moons ■■ ■■■■■�■ MONSOON . . . ..ft-M ■ ■" ■■. ■ A 01111 1 Planning Commission Minutes 4/19/07 A. Rezone RT to C-1 Coles Estates Lots 9-10 & 21-24 (Carlson & Others) (Between Road 90 & Road 92, North of Sandifur Parkway) (MF #Z07-001) Chairman McCollum read the master file number and asked the Staff for a report. Staff stated that notice of the hearing was published in the newspaper, and mailed to adjoining property owners. The proposed rezone is from Residential Transition (RT) to a C-1 General Retail Business District zone. The property is located North of Sandifur Parkway between Roads 90 and Road 92. Property immediately adjacent to the site is currently vacant. The Comprehensive Plan designates this area for commercial development. Staff explained that the rezone would help create a cluster of similar C-1 uses, and will not adversely affect surrounding properties which are currently commercially zoned. Commissioner Schouviller asked what would be allowed under the C-1 zoning designation. Staff responded that restaurants, offices, convenience market, and retail uses would be allowed. The Chairman opened the Hearing for public comment. Marcellus Wiesner, 6631 Alder Road, Pasco, WA addressed the Commission and explained that he has owned a portion of the site since 1967. He supports the rezone so that the property can be developed. DeeAnn Carlson, 21 Sunset View, Pasco, WA addressed the Commission and stated that she also owns a portion of the site. She supported the rezone. After three calls for public comment the Chairman closed the Public Hearing. Commissioner Samuel moved to close the hearing on the proposed Rezone and to initiate deliberations and schedule adoption of Findings of Fact Conclusions and a Recommendation to the City Council for the May 17, 2007 meeting. Commissioner Hay seconded the motion; motion carried unanimously. i Planning Commission Minutes 5/17/07 A. Rezone Coles Estates Lots 9-10 & 21-24 (Carlson & Others) (Between Road 90 & Road 92, North of Sandifur Parkway) (MF# Z07-001) Chairman McCollum introduced the item and explained that it had been presented at the last meeting and opportunity was provided for public comment. No further public comments will be taken at this time. Commissioner Anderson moved to adopt the Findings of Facts and Conclusions there from as contained in the May 17, 2007 Staff Report. Commissioner Hay seconded the motion; motion carried unanimously. Commissioner Anderson moved that based upon the Findings of Fact and Conclusions there from, the Planning Commission recommend the City Council rezone the site from RT (Residential Transition) to C-1 (Commercial Retail Business). Commissioner Hay seconded the motion; motion carried unanimously. AGENDA REPORT NO. 48 FOR: City Council DATE: 5/29/07 TO: Gary Crutchfield, City Manager WORKSHOP: Richard J. Smith, Director REGULAR: 6/4/07 Community and Economic Development FROM: David I. McDonald, City Plann Jr-D� SUBJECT: SPECIAL PERMIT: Location of a Vocational Training Center (Sheet Metal Training Trust)( 1718 W. Sylvester St. ) (MF# SP07-003) I. REFERENCEISI: A. Report to Planning Commission B. Planning Commission Minutes: Dated 4/ 19/07 & 5/ 17/07 II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: MOTION: I move to approve the special permit for the Sheet Metal Training Trust of SE Washington and NE Oregon to locate a Vocational Training Center at 1718 West Sylvester Street, as recommended by the Planning Commission. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. On April 19, 2007 the Planning Commission conducted a public hearing to determine whether or not to recommend a special permit for the location of a sheet metal Vocational Training Center in the old Masonic Temple at 1718 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 proposed Vocational Training Center. The recommended conditions are contained in the attached Planning Commission report. C. No written appeal of the Planning Commission's recommendation has been received. 10(a) REPORT TO PLANNING COMMISSION MASTER FILE NO: SP-07-003 APPLICANT: Sheet Metal Training HEARING DATE: 04/ 19/07 Trust ACTION DATE: 05/ 17/07 1718 W. Sylvester Pasco, WA 99301 BACKGROUND REQUEST: SPECIAL PERMIT: Vocational Training Center is an R-1 Zone (Sheet Metal Training Trust) (1718 Sylvester Street) 1. PROPERTY DESCRIPTION: Legal: LOTS 17 TO 32, BLOCK 24, HELM'S 2ND ADDITION General Location: 1718 W. Sylvester Street Property Size: Approximately 1 acre 2. ACCESS: The site has access from W. Sylvester Street, N. 17th Ave. and N. 18th Ave. 3. UTILITIES: The property is currently connected to municipal utilities. 4. LAND USE AND ZONING: The site is zoned R-1 (Low Density Residential) and was developed in 1950 as a Masonic Lodge. The property continues this use currently. Surrounding zoning and land use is as follows: NORTH- R-1/Pasco High School Stadium & Parking Lot SOUTH- R-1/Single family residences. EAST- C-1/ Engineering Office WEST-- R-3/ Multi-Family Dwellings 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site for residential uses. The Comprehensive Plan Policy LU--2-13 encourages support of existing and future recreational, educational and cultural activities through the dedication of properties for such 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). DISCUSSION The application involves the establishment of a Vocational Training Center (for Sheet Metal workers) in the existing Masonic Temple located at 1718 Sylvester Street. The Masonic Temple was built in 1950 and has been used for Masonic activities and community functions for over half a century. In recent years the building has been for sale and the Apostolic Assembly Church received approval of a special permit to use the building as a church in 2003. The Sheet Metal Training Trust of SE Washington and NE Oregon recently purchased the Masonic Temple for the purpose of remodeling the building into a vocational training center. Vocational training centers are an unclassified use that are listed along with high schools, colleges, skills training facilities and similar uses that require review through the special permit process. The proposed vocational center will operate much like vocational training programs available at CBC or industrial arts classes at the high school. Eighty percent of the training activities will consist of classroom lectures followed by 20 percent of the time being spent in the shop where classroom discussion is put into practice. Much of the neighborhood character around the proposed vocational training center has been shaped by the existence of the Pasco High Stadium and the old Emerson School now converted to the Boys and Girls Club. Recent improvements to the stadium include a new paved parking lot and buffer landscaping along Sylvester Street. The old Masonic Temple parking lot has never been hard surfaced and contains no landscaping. The previous special permit approval (in 2003) for a church on the site was conditioned with the requirement for landscaping and a paved parking lot. The Masonic Temple site is the only property east of 20th on Sylvester that is not fully developed to current urban standards. 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 2 and comments made at the public hearing. The Planning Commission may add additional findings as deemed appropriate. 1. Vocational training schools are listed as unclassified uses in the zoning regulations. 2. Unclassified uses are not restricted by zoning district but require review through the special permit process. 3. The site is located in a R-1 zone. 4. A Masonic lodge has been located on the site for over 50 years. 5. Surrounding property to the north is the location of Pasco High School Stadium and parking lot. 6. Surrounding properties to the south and west are zoned and developed with residential uses. 7. Surrounding property to the east is zoned C-1 and is developed with a professional Engineering office. 8. The vocational training center will be housed in the existing building on site. 9. All materials will be stored within the existing building. 10. The site lacks a paved parking lot. 11. The site lacks standard landscaping. 12. There are no on site drainage facilities. 13. The Special permit approval grant for the site in 2003 required the parking lot to be pave and landscaped. CONCLUSIONS BASED ON STAFF FINDINGS OF FACT Before recommending approval or denial of a special permit the Planning Commission must draw its conclusion from the findings of fact based upon the criteria listed in P.M.C. 25.86.060. The criteria and staff listed conclusions are as follows: Y) Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive Plan? Goals and policies of the Comprehensive Plan encourage the support of existing and future recreational, educational and cultural activities through the dedication of properties for such uses. 2) Will the proposed use adversely affect public infrastructure? The proposed use will have little or not impact on public infrastructure. The proposed use will occupy an existing building that was design for large gathering and community activities. 3 3) Will the proposed use be constructed,. maintained and operated to be in harmony with existing or intended character of the general vicinity? The proposed vocational training center will be housed within the existing building on the site. The proximity of the building to Pasco High School Stadium parking lot and the old Emerson School building is in keeping with the educational character in the immediate area. The size and shape of the building will not be changed, but will be consistent with what has existed on the site for 50 plus years. 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 existing building was constructed in 1950 and is not proposed to be changed with respect to its height or location. Its presence has not been detrimental to development of adjacent properties or the value thereof. 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? All materials and training activities will be confined within the existing structure on site. Eighty percent of the training activities will occur in classrooms and 20 percent of the activities will occur in shop/labs. There will be no impacts on surrounding properties by reason of noise, fumes, vibrations, or dust from the activity within the building. 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? The proposed use will be located within a building that has been in the neighborhood for over 50 years. The vocational training activities will create no vibrations, dust, noise or emissions to cause an impact on adjoining properties or in any way become a nuisance to adjoining properties. RECOMMENDATION MOTION: I move the Planning Commission adopt the Findings of Fact and conclusions as contained in the May 17, 2007 staff report. 4 MOTION: I move, based on the findings of fact as adopted, the Planning Commission recommend the City Council grant a special permit to the Sheet Metal Training Trust of SE Washington and NE Oregon with conditions as contained in the May 17, 2007 staff report: 1) The special permit shall be personal to the applicant. 2) All parking lot and exterior building lighting must be directed down toward the parking lot and not adjacent properties. 3) The temporary sign on the roof and all old signage not related to the training trust must be removed from the property. 4) The parking lot shall be hard surfaced. 5) All storm water drainage must remain on the property. 6) A landscaped parking lot buffer must be installed along all street frontages. The buffer on West Sylvester must be 10 feet. The buffer on North 17th and North 18th must be 5 feet 7) All landscaped buffers must contain street trees with a spacing of 50 feet between the trees. 8) The first 18 feet of the property from 17th and 18th along the alley line must be landscaped. 9) Landscaped areas must contain 100 percent live vegetation. 10) A landscape plan must be approved by the Community SG Economic Development Director prior to installation. 11) Any fork lifts, hand trucks or similar equipment must be stored in a building or a fully enclosed and opaque sight screened fence. 12) Metal punches, shears and similar equipment must be limited in size to those that are typically utilized in similar training programs at Pasco High and or CBC. 13) Metal bins must be fully sight screened. 14) 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. 5 Vicinity Item: Special Pennit Vocational Trainin Applicant: Sheet Metal Training ; N Map File #: SP 07-003 jai UUM 777%-,-.,-- -!"Rpm mqP "I its IM 7. IL OW f S - e - ravYC�.n s z " F n z - gg FIN - N 15TH AV E , Z � • N 15TH AVE � H cn ct . � • � o � � U O N 17TH AVE � M � Q a� , Q w z a� o w �" � > C Q Ct iv) }- cn ' CI' `t 1 TH AVE . . � N 18TH AVE CIO - E - cn c E 19TH AVE 5 F— H � � rn c1) Zonin Item: Special Permit Vocational Trainin g Applicant: Sheet Metal Training Trust x Map File #: SP 07-003 77 II ST R-1 z --.% R-2 OD R- 1 Jz C- 1 > rn m W SYLVESTER ST z R-3 R-3 SITE Z C- � -..L [RR-31 D < T z R- 1 m W IRVING ST m R- 1 m Co 1> I z T m W YAKIMA ST Planning Commission Minutes 4/19/07 C. Special Permit Vocational Training Center (Sheet Metal Training Trust) (1718 W. Sylvester St.) (MF #SP07-003) Chairman McCollum read the master file number and asked the Staff for a report. Staff addressed the Commission and advised that notice of the hearing has been published in the newspaper and mailed to property owners in the vicinity of the project site. As a result of that mailing, staff received a letter and photographs from an adjoining property owner, a copy of which was provided for each Commissioner. The letter expressed concern over the proposal. Staff explained that the proposal is for a vocational training center, to be located in the old Masonic Lodge on Sylvester Street. The applicant has purchased the building and wishes to use it for an apprenticeship program. The building is located directly south of Pasco High School. Other properties surrounding the proposed location are primarily residential uses, with some office buildings located east of the site. Vocational training facilities are non-classified uses and are treated much like schools and community colleges, all of which require reviewed through the special permit process. The programs that will be conducted in the building are approximately 80% book/classroom work and 20% shop work. The site lacks landscaping, as well as paved parking lot. These improvements should be included in any approval recommendation. Commissioner Rose stated that he noticed a sign on site referencing "Sheet Metal Training Center". He questioned if the applicant is currently occupying the building. Staff responded that the applicant is in fact occupying the site. There appears to have been some miscommunication regarding the need for a special permit when they purchased the property. When they became aware of the requirement, they submitted an application. Commissioner Rose then commented that the letter of concern from an adjacent property owner stated that the property was given to the Masonic Lodge by his parents with a restriction to it's use which is attached to the title. Commissioner Rose wondered if that would not be legally binding, and if so, why the application was accepted. Staff responded that there is a difference between private covenants and private deed restrictions and zoning regulations. The City enforces zoning regulations, but does not enforce private covenants and deed restrictions. Those matters must be resolved between the property owners. Commissioner Schouviller stated that the staff report indicates that all materials will be stored within the building. He noted that it appears that there is material currently stored behind the building. Staff responded that the applicant has been made aware of that problem, and they are in the process of cleaning it up. The applicant will also be installing slats in the fence to buffer the site. The Chairman opened the Public Hearing. Charles Grigg, 1725 N. 18th Ave., Pasco, addressed the Commission and stated that there will be a legal process that the City will not be involved in with regard to the use of the property. He is concerned about the fact that the applicant purchased the property without investigating the requirement for a special permit, and that garbage and construction debris was then put in the back of the property. He feels that this is not an appropriate use for the property; it was constructed as a temple and the proper use would be another church or religious organization. Any conversion of the property to a commercial use would be inappropriate in his opinion. He is also concerned that a majority of the surrounding property owners are individuals who do not understand the notification they received. Commissioner Anderson asked Mr. Grigg how long the property has sat empty. Mr. Grigg responded that the Masonic Temple has been consistently using the property, and continue to utilize a portion of the building. John Merk, Pasco, introduced himself as the training coordinator for the Sheet Metal Training Center. He stated that the trust is a 501C3 non-profit organization; there is no commercial activity involved. The site will be used exclusively for training. He apologized for the fact that he was unaware of the requirement for a special permit. This property had been listed by the realtor for a school or non-profit, with no reference to a church. They became aware of Mr. Griggs concerns prior to purchase of the property. He alleged that during the purchase process they were led to believe that Mr. Grigg's issues were with the Masonic Lodge, not with his organization. He added that they have had extensive problems with theft and dumping on the property. The training center would hold classes from September until June, from 8:00 a.m. to 4:00 p.m. There would also be one Tuesday evening class. Commissioner McCollum asked if the fence would remain a cyclone style fence or if they might improve the fence when the parking lot improvements are made. Mr. Merk responded that the fence is behind the building and is not visible from the street except from the side street as viewed down the alley. He will be removing barbed wire from the fence, and they have added slats to the fence to improve it's appearance. Commissioner McCollum stated that he agreed that there should be a fence on site, but that it should be more in keeping with those in the rest of the neighborhood. Mr. Merk responded that if a different fence is required, they would change the fence. Commissioner Anderson asked what the noise level is when training classes are being held. Mr. Merk stated that with the doors closed, he is not able to hear noise from the exterior of the building. Commissioner Anderson then asked what kind of equipment will be operated inside. Mr. Merk responded that a hand brake and a stop shear would be used. Commissioner Hay asked how revenue is generated to maintain operations. Mr. Merk stated that there is a collective bargaining agreement between contractors and the union workers. In that agreement third parties are formed, one of which is a training trust. The trust then funds the training centers. Commissioner Schouviller then asked how many individuals are currently enrolled in the program. Mr. Merk responded that average enrollment over the last five years has been about 65 individuals. In the last two months, they have grown to 85 individuals. Commissioner Samuel asked if Mr. Merk felt that there is sufficient parking area on site to handle that many apprentices. Mr. Merk stated that they only have 15 students in a class. Commissioner Rose asked if their activities are restricted to the Tri City area due to their being a non-profit organization. Mr. Merk responded that their activities are not limited to this area. Commissioner Samuel asked what their schedule would be for site improvements if the special permit is granted. Mr. Merk stated that they would have the improvements completed within whatever window of time is required by the City. Commissioner Samuel asked if they have any plans to change the signage on site. Mr. Merk responded that they would like to change the main sign on site in the near future. Commissioner Samuel asked for confirmation that in the next 90 days the parking lot will be paved, and that the canopies would be installed on the building over the course of the next several years. Mr. Merk stated that they would like to have the canopy project done by their apprentices; they have a one to two week period during the year when they can do this type of work. They could have the canopies installed sooner if the City requires them to do so. Commissioner Samuel asked for clarification as to whether or not items would be stored outside in the fenced area behind the building. Mr. Merk responded that they would like to store some items back there, but that if the City prohibits exterior storage, they will comply. He noted that they will need to have a bin for disposing of metal outside the building. Commissioner Hay asked if there will be any machine driven brakes used on the site. Mr. Merk responded that they would have machine driven brakes. Commissioner Hay asked what thickness of metal they typically work with. Mr. Merk stated that they can cut up to 12 gauge metal; a more typical example of what they use would be 18 gauge. They do have a press brake that is rated for 18 gauge. Commissioner Hay then asked how larger sheets of metal will be handled, he wondered if they will have a forklift on site. Mr. Merk responded that they would like to get a forklift and park it behind the building, if the City would allow that. He represented that they do not typically buy the larger (4' X 101 sheets of metal. They purchase metal that is precut into 30" X 36" pieces. After three calls for public comment the Chairman closed the Public Hearing. Commissioner Samuel mowed to close the hearing on the proposed Special Permit and to initiate deliberations and schedule adoption of Findings of Fact Conclusions and a Recommendation to the City Council for the May 17, 2007 meeting. Commissioner Little seconded the motion; motion carried unanimously. Planning Commission Minutes 5/17/07 C. Special Permit Vocational Training Center (Sheet Metal Training Trust( (1718 W Sylvester St.( (MF# SP07-003) Chairman McCollum introduced the item and explained that it had been presented at the last meeting and opportunity was provided for public comment. No further public comments will be taken at this time. Commissioner Samuel asked for confirmation that the applicant approves of the conditions stated in the staff report. Staff responded that the applicant is aware of the conditions and has agreed to comply with them. Commissioner Anderson moved to adopt the Findings of Facts and Conclusions there from as contained in the May 17, 2007 Staff Report. Commissioner Hay seconded the motion; motion carried unanimously. Commissioner Anderson moved that based upon the Findings of Fact and Conclusions there from, the Planning Commission recommend the City Council grant a special permit to the Sheet Metal Training Trust of Southeast Washington and Northeast Oregon with conditions as contained in the May 17, 2007 staff report. Commissioner Hay seconded the motion; motion carried unanimously. AGENDA REPORT NO. 47 FOR: City Council DATE: 5/29/07 TO: Gary Crutchfield, City Manager ���' WORKSHOP: Richard J. Smith, Director � T!.l REGULAR: 6/4/07 Community and Economic Development FROM: David I. McDonald, City PlannerA�)� SUBJECT: SPECIAL PERMIT: Location of a Buddhist Temple (Tri-Cities Vietnamese Buddhist Association)(1105 26th Ave) (MF# SP07-002) I. REFERENCEISI: A. Report to Planning Commission B. Planning Commission Minutes: Dated 4/19/07 & S/ 17/07 II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: MOTION: I move to approve the special permit for the Tri-Cities Vietnamese Buddhist Association to locate a temple at 1105 26th Avenue, as recommended by the Planning Commission. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. On April 19, 2007 the Planning Commission conducted a public hearing to determine whether or not to recommend a special permit for the location of a Buddhist Temple in the old Reorganized LDS church building at 1105 261h Avenue. 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 proposed temple. The recommended conditions are contained in the attached Planning Commission report. C. No written appeal of the Planning Commission's recommendation has been received. 10(b) REPORT TO PLANNING COMMISSION MASTER FILE NO: SP-07-002 APPLICANT: Buddhist Association HEARING DATE: 04-19-07 4505 W Marie ACTION DATE: 05-17-07 Pasco, WA.99301 BACKGROUND REQUEST FOR SPECIAL PERMIT: Location of a temple in a Residential District I. PROPERTY DESCRIPTION: Legal: The west 130 ft. of the south 1/2 of the southeast 1/4 of the northwest '/4 of the northeast '/4 of Section 25, Township 9 North, Range 29 East W.M. except roads. General Location: 1105 26th Avenue Property Size: 1.3 Acres 2. ACCESS: The site will has access from 26th Ave. 3. UTILITIES: Municipal water service is located in Henry Street and Octave Street and sewer are available at the corner of Henry and 26th. 4. LAND USE AND ZONING: The property is currently zoned R-2 Medium Density Residential. Surrounding property are also zoned R-2. The site contains a vacant church. There is an existing church property to the southwest across 261h Ave. Surrounding Land uses are as follows: East-- Apartments (four plexs) South—Single Family dwellings West -Single family & multi family dwellings North—Stevens Middle School Sports field 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the property and surrounding areas for mixed 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. h. 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 establishment of a Buddhist Temple in an existing church building located at 1105 N 26th Avenue. The existing building was built in 1940 and has been used for church purposes more or less since it was constructed. The Tri-Cities Vietnamese Buddhist Association recently purchased the old church building at 26th and Henry for the purpose of remodeling the building into a Buddhist Temple. The temple will function much like a church in that there will be a weekly Sunday meeting for a couple of hours. The temple will also serve as a community center for the Vietnamese community for social activities and with training meetings, again similar to a church. The operation of a Buddhist Temple requires a care taker to live on site, therefore the applicant is proposing to modify the existing church building to accommodate living quarters. The Trinity Lutheran Church to the west has a parsonage located on the church property to provide living accommodation for the minister. The application materials indicate there will be 20 to 25 parking spaces available for temple patrons. The parking will provide enough spaces for 100- 125 people based on the City's parking ratio verses seating. The existing parking lot is not hard surfaced and the grounds are in a state of disrepair. All new construction requires landscaping and paved parking surfaces. Typically the review of churches through the special permit process have resulted in the requirement for paved parking and landscaped setbacks matching the surrounding residential requirements. Churches are typically located in or adjacent to residential zoning districts within the city. The operational history of churches within Pasco has shown churches generate very few complaints from adjoining property owners. Churches are generally well maintained and add to the overall appearance and character of the community. 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. Churches (including synagogues and temples) are unclassified uses and require review through the special permit process prior to locating or expanding in any zoning district. 2. The proposed temple site is zoned R-2. 3. The proposed site has been occupied by a church for over 60 years. 4. Surrounding properties are fully developed with single and multi family residential dwellings and a school sports field. 5. Surrounding residential properties are developed with 20 foot front yard setbacks. 6. Excluding driveways the front yard setback areas of nearby residential properties are landscaped 7. The proposed temple property lacks a paved parking lot. 8. The proposed temple property lacks landscaped setbacks. 9. Churches are typically located in residential zoning districts within Pasco 10. The operation of churches within residential districts of Pasco generates few complaints from residential neighbors. 11. The existing church building contains 4,280 square feet. 12. The chapel area of the building occupies about 20 percent of the building. 13. A full size gymnasium is located in the center of the church building. 14. The proposed temple will have seating for about 100 patrons. 15. The Municipal Code (PMC 25.78.170) requires one off street parking space for every 4 seats in a church. 16. The Municipal Code requires the proposed temple to have a minimum of 25 parking spaces. 17, The temple is proposing to provide 25 parking spaces. 18. Some churches provide living quarters for their ministers either on the church property or within the church building. 19. There are several parsonages located adjacent church in Pasco. 20. The proposed temple will have on-site living quarters for the religious leader 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. The proposed temple will occupy a vacant neglected church property. Putting the property to use will result in improvements that will benefit the neighborhood and meet goals of the plan. 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 have an adverse impact on public infrastructure. The proposed temple will create no more demand on public services than the pervious church. 3) Will the proposed use be constructed, maintained and operated to be in harmony with existing or intended character of the general vicinity? The proposed temple will be located in an existing church building that has been on the site for over 60 years. The neighborhood developed around the church building that has been in harmony with the neighborhood for many years. 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 general neighborhood around the site is fully developed. The existing church building on the site pre-dated many of the surrounding residential structures and has not hampered residential development in the area or impaired the value thereof. 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 operation of the proposed temple will be similar in nature to the operation of the former church on the site. Churches are used infrequently, generally two or three days a week and generate traffic during off peak times such as on Sunday mornings and a couple of evenings during weekday. Churches are generally well maintained and contain well landscaped front yards. 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? 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. RECOMMENDATION MOTION: I move the Planning Commission adopt the Findings of Fact and conclusions as contained in the May17, 2007 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 the Tri-Cities Vietnamese Buddhist Association to locate a temple at 1105 North 26th Avenue with conditions as contained in the May 17, 2007 staff report: Approval conditions 1) The special permit shall be personal to the applicant. 2) The parking lot shall be set back 20 feet from all adjoining street right-of-way. 3) The parking lot must be hard surfaced 4) The parking lot shall contain at least 20 parking spaces. 5) The set back area between the parking lot and right-of-way must meet the residential standards of PMC 25.75. 6) All Landscaped areas abutting the parking lots must be protected with curbing. 7) All weeds debris and trash must be removed from the property. 8) All parking lot lighting must be directed down toward the parking lot and not adjacent properties. 9) 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, 2009. Y. rr 4r• k �uWw: �,';' �h t!}!r+v�9+ L wF��t �° I�'t�� 1 ,�� T r '• �� y irA" M "{{{\ u gq P n 42W a 1 tl S �rfµ' y l• � �22�1� r ,<di d r ! '^1 �k,�:��s '; �"r.`�- �'. 9 ea •t dui � e :��� f � �, f �, , r� !;, v,r ,�,. \h �' r ON �F ��a F ry j� ��a r'st �• � *'C Jn Jlw ST to � �}• .�frr r �rj A},.,, ,� ma TA 14 IL t." (fit 5 i1 r 2 I Jim a >$ n v. , U, �•P c ia# At A� atls Y M j� 1 Sad` �r� ACV !f.r � +'' F � �k. ,��'Tu�'\!J•!.\ �.t'A�j 1 ( ;��'� �' -iM 9 Ck .. �Ik'} •1��■W■p1'� O O O X O U z w AV H1tr 4� V) - w U) a) 0.0 M Z)d Hl�Z c a) U) M U LL N x r-•,, ' �--� to Ct r-- LE Ct • � p u . . w _ W r w a) cn L — U) 2i U) �..� ° au M QW zoning Item: Special Permit --Church in R-2 Applicant: Vietnamese Buddhist N Map File #: SP 07-002 W MARIE ST R-2 R-2 W OCTAVE ST > R-2 Q C-3 SITE � W HENRY PL a Z R-3 R-2 > � W HENRY PL Q N 2 H cD R-1 -A2 __TT R-2 W MARGARET ST Planning Commission Minutes 4/19/07 B. Special Permit Buddhist Temple (Tri Cities Vietnamese Buddhist Association (1105 26th Ave.) (MF #SP07-002) Chairman McCollum read the master file number and asked the Staff for a report. Staff addressed the Commission and explained that the proposal was for a Special Permit to allow a Buddhist Temple to occupy a site that has been utilized as a church for over sixty years. The site is currently zoned R-2. Properties surrounding the site are primarily used for residential uses, with Stevens Middle School sports field located north of the site. The Comprehensive Plan encourages the development of facilities for education and cultural activities within the City. Churches are unclassified uses and therefore require review through the Special Permit process. The applicant should be required to renew the landscaping on the site and pave the parking lot as a part of any Special Permit approval. The special permit application includes a request for approval of an on-site caretaker to live on the property. The proposal will not adversely affect infrastructure; nor will it take away from the existing character of the neighborhood, due to having been utilized as a church for more than sixty years. Chairman McCollum asked if the property is currently being used by a church or vacant. Staff responded that the applicant has just recently purchased the property so it is vacant at this time. Chairman McCollum opened the Public Hearing. Dan Arnold, 421 Nickolas Court, Richland, introduced himself as an attorney in the Tri Cities. He stated that he has been asked to speak on behalf of the applicant. He strongly supports the proposal. Commissioner Samuel asked Mr. Arnold if there are any plans to light the parking lot. Mr. Arnold responded that he is not aware of any plans for parking lot lighting. He added that the applicant wants to be a good neighbor to the surrounding properties and will either light or not light the parking as the community desires. Commissioner Samuel asked what types of improvements the church will be making, and over what period of time; are there any structural changes proposed. Mr. Arnold responded that he is not aware of any proposed structural changes. Commissioner Samuel then asked of the church is aware of the costs of the proposed landscape and parking improvements. Mr. Arnold stated that he would have to defer to the applicant with regard to the finances. Bob Quay, 4711 W. 18th Place, Kennewick, introduced himself to the Commission. He supports the proposal. He has known several of the members of the temple association and stated that they are upstanding citizens. He added that the association is aware of the costs of landscaping and parking and is prepared to pay for them. Mark Dade, 921 N. 261h Ave., Pasco, stated that he lives right down the street from the proposed temple. He strongly supports approval of the temple. He stated that the applicants have already cleaned up, repaired and improved the site, and he feels the temple will be a nice addition to the neighborhood. Commissioner Samuel stated that he has also observed the positive changes that the applicant has made to the site. After three calls for public comment the Chairman closed the Public Hearing. Commissioner Rose moved to close the hearing on the proposed Special Permit and to initiate deliberations and schedule adoption of Findings of Fact conclusions and a recommendation to the City Council for the May 17, 2007 meeting. Commissioner Hay seconded the motion; motion carried unanimously. Planning Commission Minutes 5/17/07 B. Special Permit Buddhist Temple (Tri Cities Vietnamese Buddhist Association) (1105 26th Ave.) (MF# SP07-002) Chairman McCollum introduced the item and explained that it had been presented at the last meeting and opportunity was provided for public comment. No further public comments will be taken at this time. Commissioner Samuel asked if the applicant has also been provided the revised list of conditions. Staff responded that they had received the revised conditions and were in agreement with them. Commissioner Samuel moved to adopt the Findings of Facts and Conclusions there from as contained in the May 17, 2007 Staff Report. Commissioner Anderson seconded the motion; motion carried unanimously. Commissioner Samuel moved that based upon the Findings of Fact and Conclusions there from, the Planning Commission recommend the City Council grant a special permit to the Tri Cities Vietnamese Buddhist Association to locate a temple at 1105 N 26th Avenue with conditions as contained in the May 17, 2007 staff report, with the addendum provided by staff. Commissioner Anderson seconded the motion; motion carried unanimously.