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HomeMy WebLinkAbout2008.08.04 Council Meeting Packet AGENDA PASCO CITY COUNCIL Regular Meeting 7:00 p.m. August 4, 2008 1. CALL TO ORDER 2. ROLL CALL: (a) Pledge of Allegiance. 3. CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by roll call vote as one motion(in the form listed below). There will be no separate discussion of these items. If further discussion is desired by Councilmembers or the public, the item may be removed from the Consent Agenda to the Regular Agenda and considered separately. (a) Approval of Minutes: 1. Minutes of the Pasco City Council Meeting dated July 21, 2008. (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 $1,263,067.47 ($112,144.67 in the form of Wire Transfer Nos. 5012 and 5018 and, $1,150,922.80 consisting of Claim Warrants numbered 167088 through 167313). 2. To approve Payroll Claims in the amount of $2,169,099.28, Voucher Nos. 38164 through 38399; and EFT Deposit Nos. 30024070 through 30024579. *(c) Appointment to Regional Hotel/Motel Commission: 1. Agenda Report from Gary Crutchfield, City Manager dated July 31, 2008. 2. Letter from Tri-Cities Hotel and Lodging Association dated 6/24/08. 3. Section 5 of Interlocal Agreement establishing Tri-City Regional Tourism Promotion Area. To reappoint Hermann Haastrup (Pasco Red Lion) to a two-year term on the Tri-Cities Regional Hotel/Motel Commission; term to expire 8/30/10. (d) Resolution No. 3091, a Resolution authorizing the sale of forfeiture/unclaimed asset property surplus to city needs. 1. Agenda Report from Debbie Clark, City Clerk dated July 18, 2008. 2. Memorandum from David Renzelman, Crime Specialist/Evidence Technician. 3. Proposed Resolution. To approve Resolution No. 3091, authorizing the sale of seized/asset forfeiture property considered surplus to city needs. *(e) Resolution No. 3092, a Resolution fixing the time and date for a public hearing to consider the vacation of a portion of Montana Avenue, Colorado Avenue and a portion of Pueblo Street, 1. Agenda Report from David I. McDonald, City Planner dated July 30, 2008. 2. Proposed Resolution and Vicinity Map. 3. Vacation Petition. To approve Resolution No. 3092, fixing 7:00 p.m., September 2, 2008 as the time and date for a public hearing to consider the proposed vacation. Q*(f) Resolution No.3093, a Resolution approving a Preliminary Plat for Sun View Estates. 1. Agenda Report from David I. McDonald, City Planner dated July 30, 2008. 2. Proposed Resolution, 3. Preliminary Plat(Council packets only). 4. Report to Planning Commission. 5. Planning Commission Minutes dated 6/19108 and 7/17/08. Note: Preliminary Plat is available in the Planning Office, the Pasco Library or on the city's webpage at www.pasco-wa.gov for public review. To approve Resolution No. 3093, approving the preliminary plat for Sun View Estates. *(g) To cancel the Workshop meeting of August 11,2008. (Rc) MOTION: I move to approve the Consent Agenda as read. Regular Meeting 2 August 4,2008 4. PROCLAMATIONS AND ACKNOWLEDGMENTS: (a) "Yard of the Month" Awards. (NO WRITTEN MATERIAL ON AGENDA) The following Pasco residents have been invited to attend the Council meeting to receive Certificates of Appreciation from Mayor Joyce Olson for"Yard of the Month,"July 2008. 1. Raphael and Felicitas Gamino, 803 N. Elm Avenue 2. Robert Hamm and Terre Estes, 512 N. Road 39 3. Don and Rosie Bogart, 3611 Verbena Court 4. Charles Thompson and Phyllis Krystal, 4104 Galway Lane (b) "Business of the Month" Appearance Award. (NO WRITTEN MATERIAL ON AGENDA) The following Pasco business has been invited to attend the Council meeting to receive a Certificate of Appreciation from Mayor Joyce Olson for "Business of the Month Appearance Award"for July 2008. 1. Harvey-Monteith Insurance, 3825 W. Court Street 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: (a) Local Improvement District (LID) No. 145 — "A" Street Improvements between Elm Avenue and Road 40 East: 1. Agenda Report from Doyle L. Heath,Utility Engineer dated July 31, 2008. 2. Street Cross Sections Drawing. 3. Assessment Map. 4. Ordinance. CONDUCT A PUBLIC HEARING Ordinance No. , an Ordinance of the City of Pasco, Washington, relating to City Street Improvements; ordering the improvement of"A" Street between Elm Avenue and Road 40 East, to city standards, including curb, gutter, utilities and bicycle path, all in accordance with Resolution No. 3089 of the City Council; establishing Local Improvement District No. 145, and ordering the carrying out of the proposed improvements; providing that payment for the improvements be made by special assessments upon the property in the District, payable by the mode of "payment by bonds"; and providing for the issuance and sale of local improvement district warrants redeemable in cash or other short-term financing and local improvement district bonds. MOTION: I move to adopt Ordinance No. , creating Local Improvement District 145 for "A" Street between Elm Avenue and Road 40 East and, further, authorize publication by summary only. (b) Comprehensive Plan Update (MF#CP07-002) (City of Pasco): 1. Agenda Report from David I. McDonald, City Planner dated July 31, 2008. 2. Ordinance No. 3866. 3. Comprehensive Plan(Council packets only), 4. Beacon Development Land Use request letter. Note: Comprehensive Plan copies available in the Planning Office, the Pasco Library or on the city's webpage at www.pasco-wa.gov for public review. CONDUCT A PUBLIC HEARING Ordinance No. 3866, an Ordinance relating to comprehensive land use planning and adopting a new GMA Comprehensive Plan for the City of Pasco. MOTION: I move to adopt Ordinance No. 3866, establishing a new Comprehensive Plan for the City of Pasco and, further, authorize publication by summary only. Regular Meeting 3 August 4, 2008 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: (a) Code Enforcement Civil Violation Penalties: 1. Agenda Report from Stan Strebel, Administrative& Community Services Director dated July 29, 2008. 2. Proposed Ordinance Amending FMC Chapter 11.02 "Civil Infractions." 3. Proposed Ordinance Amending PMC Chapter 3.07 "Fee Summary." Ordinance No. , an Ordinance of the City of Pasco, Washington, amending Pasco Municipal Code Title 11 "Civil Infractions" Section 11.02.050 "Notice of Civil Violation - Monetary Penalty" and Section 11.02.060"Hearing Before the Code Enforcement Board." MOTION: I move to adopt Ordinance No. , amending PMC Section 11.02.050, "Notice of Civil Violation" and 11.02.060 "Hearing Before the Code Enforcement Board" and, further, authorize publication by summary only. -AND- Ordinance No. , an Ordinance of the City of Pasco, Washington, amending Pasco Municipal Code Chapter 3.07 "Fee Summary" Section 3.07.070"Code Enforcement Program." MOTION: I move to adopt Ordinance No. , amending PMC Section 3.07.070, "Code Enforcement Program" and, further, authorize publication by summary only. (b) Ordinance No. , an Ordinance of the City of Pasco, Washington, amending Section 9.61.060"Violations"increasing the penalty for subsequent noise violations. 1. Agenda Report from Gary Crutchfield, City Manager dated July 31, 2008. 2. Proposed Ordinance. 3. PMC Section 9.61.020 "Public Disturbance Noise Prohibited." MOTION: I move to adopt Ordinance No. , amending Section 9.61.060 "Violations," increasing the penalty for subsequent noise violations and, further, authorize publication by summary only. (c) Resolution No. a Resolution amending the Program Year 2008 Community Development Block Grant Allocations and Annual Work Plan. 1. Agenda Report from Angie Pitman,Block Grant Administrator dated July 29, 2008. 2. 2008 CDBG Fund Summary and Proposal Summary. 3. Planning Commission Minutes dated 7/17/08. 4. Resolution Amending 2008 Allocations and Annual Work Plan. MOTION: I move to approve Resolution No. amending the city's 2008 CDBG Allocations and Annual Work Plan. (d) Resolution No. , a Resolution approving the Program Year 2009 Community Development Block Grant Allocations and Annual Work Plan. 1. Agenda Report from Angie Pitman,Block Grant Administrator dated July 29, 2008. 2. 2009 CDBG Fund Summary and Proposal Summary. 3. Planning Commission Minutes dated 6/19/08 and 7/17/08. 4. Resolution Approving 2009 Allocations and Annual Work Plan. MOTION: I move to approve Resolution No. approving the city's 2009 CDBG Allocations and Annual Work Plan. 9. UNFINISHED BUSINESS: (None) 10. NEW BUSINESS: i *(a) Reconstruction of Alley Approaches-2008 Phase 2, Project No.07-3-04: 1. Agenda Report from Michael McShane, City Engineer dated July 30, 2008. 2. Bid Summary. 3. Vicinity Map. txQ MOTION: I move to award the low bid for the Reconstruction of Alley Approaches - 2008 Phase 2, Project No. 07-3-04 to Scott's Excavating Tri-Cities, LLC, in the amount of$49,738.00 and, further, authorize the Mayor to sign the contract documents. *(b) Right-of-Way Dedication for Power Line Road(MF#INF008-083): 1. Agenda Report from David 1. McDonald,City Planner dated July 30, 2008, 2. Vicinity Map. 3. Right-of-Way Dedication Deed. MOTION: I move to accept the deed from Kenneth Smith for a portion of the Power Line Road Right-of-Way. Regular Meeting 4 August 4,2008 (c) Car Allowance Adjustment: 1, Agenda Report from Gary Crutchfield, City Manager dated August 1, 2008. 2. Unleaded Fuel Prices-Washington, 1105-7/08. 3. IRS Mileage Reimbursement Rate, 2/05-7/08. 4. Car Allowance Positions/Amounts. MOTION: I move to increase authorized car allowances by 40%,retroactive to January 1, 2008. Q*(d) Special Permit: Location of a School at 3309 Road 100 (Kingspoint Christian School) (MF #SP08-005): 1. Agenda Report from David I.McDonald, City Planner dated July 30, 2008, 2. Report to Planning Commission. 3. Planning Commission Minutes dated 6/19/08 and 7/17/08. MOTION: I move to approve the Special Permit for the Kingspoint Christian School to be located in the 3300 block of Road 100 as recommended by the Planning Commission. Q*(e) Special Permit: Franklin County Courthouse Parking Lot at 1016 N. 4t° Avenue (Franklin County) (MF#SP08-006): 1. Agenda Report from David I. McDonald,City Planner dated July 30, 2008. 2. Report to Planning Commission. 3. Planning Commission Minutes dated 6/19/08 and 7/17/08. MOTION: I move to approve the Special Permit for the Franklin County Courthouse parking lot at 1016 N. 4'"Avenue as recommended by the Planning Commission. Q*(f) Special Permit: Location of a Church at 216 N. 1P Avenue (Iglesia Bautista El Calvario) (MF#SP08-004): 1. Agenda Report from David I. McDonald, City Planner dated July 30, 2008. 2. Report to Planning Commission. 3. Planning Commission Minutes dated 6119/08 and 7/17/08. MOTION: I move to approve the Special Permit for the Iglesia Bautista El Calvario at 216 N. i I"'Avenue as recommended by the Planning Commission. Q*(g) Special Permit: Location of a Church at 3212 Wernett Road (Iglesia Apostolica de la fe en Cristo 'Jesus)(MF#SP08-003): 1. Agenda Report from David I. McDonald,City Planner dated July 30, 2008. 2. Report to Planning Commission. 3. Planning Commission Minutes dated 6/19/08 and 7/17/08. MOTION: I move to approve the Special Permit for the Iglesia Apostolica de la fe en Cristo Jesus at 3212 Wernett Road as recommended by the Planning Commission. 11. MISCELLANEOUS DISCUSSION: (a) (b) (c) 12. EXECUTIVE SESSION: (a) (b) (c) 13. ADJOURNMENT. (RC) Roll Call Vote Required * Item not previously discussed MF# "Master File#...... Q Quasi-Judicial Matter REMINDERS: 1. 1:30 p.m., Monday, August 4, KGH - Emergency Medical Services Board Meeting. (COUNCILMEMBER TOM LARSEN, Rep.; AL YENNEY, Alt.) 2. 12:00 p.m., Wednesday, August 6, 2601 N. Capitol Avenue - Franklin County Mosquito Control District Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; AL YENNEY,Alt.) 3. 5:30 p.m., Thursday, August 7, Parks & Rec. Classroom - Parks & Recreation Advisory Council Meeting. (COUNCILMEMBER REBECCA FRANCIK, Rep.; MIKE GARRISON, Alt.) MINUTES REGULAR MEETING PASCO CITY COUNCIL JULY 21, 2008 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, Tom Larsen, Joyce Olson, Matt Watkins and Al Yenney. Staff present: Gary Crutchfield, City Manager; Leland B. Kerr, City Attorney; Stan Strebel, Administrative & Community Services Director; Rick White, Community & Economic Development Director; Bob Alberts, Public Works Director; David McDonald, City Planner; Denis Austin, Police Chief and Debbie Clark, City Clerk. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: (a) Approval of Minutes: Minutes of the Pasco City Council Meeting dated July 7, 2008. (b) Bills and Communications: To approve General Claims in the amount of$2,071,454.34 ($117,276.29 in the form of Wire Transfer Nos. 5002, 5005 and 5008 and, $1,954,178.05 consisting of Claim Warrants numbered 166848 through 167087). To approve bad debt write-offs for utility billing,ambulance, cemetery, general accounts, miscellaneous accounts, and Municipal Court (non-criminal, criminal, and parking) accounts receivable in the total amount of$165,924.83 and, of that amount, authorize $142,411.65 be turned over for collection. (c) Water Follies Insurance Requirements: To approve Amendment No. 1 to the Agreement for Operation of the Water Follies Event and, further, to authorize the City Manager to sign the Amendment. (d) Right-of-Way Dedication for Sandifur ParkwayBroadmoor Boulevard Signal (MF#INF008-042): To accept the deed from Dale Adams for a portion of the Sandifur Parkway/Broadmoor Boulevard Right-of-Way. (e) Civil Service Commission Appointments: To confirm the City Manager's appointment of Coz Edwards to the Civil Service Commission, to fill the unexpired term of Position No. 2 to expire 2/17/10. To confirm the City Manager's appointment of Teri Cox to the Civil Service Commission to fill the unexpired term of Position No. 3 to expire 2/17/12. To confirm the City Manager's appointment of Janis Hastings to the Civil Service Commission to fill Position No. 1, the term to expire 2/17/14. MOTION: Mr. Watkins moved to approve the Consent Agenda as read. Mr. Garrison seconded. Motion carried by unanimous Roll Call vote. I 3(a).1 MINUTES REGULAR MEETING PASCO CITY COUNCIL JULY 21, 2008 PROCLAMATIONS AND ACKNOWLEDGMENTS: Mr. Crutchfield introduced Mr. Rick White, new Community& Economic Development Director. REPORTS FROM COMMITTEES AND/OR OFFICERS: Mr. Garrison reported on the Hanford Communities Governing Board meeting. Mr. Yenney attended the Corridor Enhancement Study Committee meeting. Mr. Larsen attended the Benton Franklin Council of Governments meeting. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: Street Vacation—A Portion of Washington Street and South 13th Lane (MF#VAC-08- 005): Mr. McDonald explained the details of the proposed vacation. MAYOR OLSON DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE VACATION. FOLLOWING THREE CALLS FOR COMMENTS,EITHER FOR OR AGAINST, AND THERE BEING NONE,MAYOR OLSON DECLARED THE PUBLIC HEARING CLOSED. Ordinance No. 3869, an Ordinance vacating a portion of Washington Street and South 13th Lane. MOTION: Mr. Watkins moved to adopt Ordinance No. 3869, vacating a portion of Washington Street and South 13th Lane and, further, authorize publication by summary only. Ms. Francik seconded. Motion carried unanimously. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: Animal Control/Fees: Ordinance No. 3870, an Ordinance amending Chapter 8.02 "Animal Control" of the Pasco Municipal Code. MOTION: Mr. Watkins moved to adopt Ordinance No. 3870, amending PMC Chapter 8.02 Animal Control and, further, authorize publication by summary only. Ms. Francik seconded. Motion carried unanimously. Ordinance No. 3871, an Ordinance amending Section 3.07.020 "Animal Control' of the Pasco Municipal Code. MOTION: Mr. Watkins moved to adopt Ordinance No. 3871, amending PMC Section 3.07.020 Fee Summary—Animal Control and, further, authorize publication by summary only. Ms. Francik seconded. Motion carried unanimously. NEW BUSINESS: Potential Traffic Signal System at Broadmoor Blvd/Saint Thomas Drive: Mr. Bruce Haldors, representing The Transpo Group, presented the findings of a study on the potential signal. Mr. Fran Forgette, representing developer Robert Young, explained the need for unrestricted access to and from Broadmoor Blvd. 2 MINUTES REGULAR MEETING PASCO CITY COUNCIL JULY 21, 2008 Council and staff discussed the proposed traffic signal. No action was taken. Council directed staff to meet with affected property owners to identify an acceptable solution. Solid Waste Contract—Fuel Surcharge: MOTION: Mr. Watkins moved to approve the Solid Waste Contract Amendment for fuel surcharge and, further, authorize the Mayor to sign the agreement. Mr. Garrison seconded. Motion carried 5-1. No—Larsen. Lewis Street Overpass—CH2MHiil: MOTION: Mr. Watkins moved to approve the agreement with CH2MHil1 design services for the Lewis Street Overpass on a time and material basis not to exceed$225,000 and, further, authorize the Mayor to sign the agreement. Mr. Garrison seconded. Motion carried 5-1. No—Larsen. WSDOT Agreement for I-182IRoad 68 Improvements: MOTION: Mr. Watkins moved to approve the agreement with Washington State Department of Transportation (WSDOT) for design and construction of right turn pocket and slip lane at I-I 82/Road 68 in the amount of$212,484.30 and, further, authorize the Mayor to sign the agreement. Ms. Francik seconded. Motion carried by unanimous Roll Call vote. EXECUTIVE SESSION: Council adjourned to Executive Session at 8:21 p.m. for approximately 20 minutes to discuss enforcement action and litigation or potential litigation with the City Attorney and the City Manager. Mayor Olson called the meeting back to order at 8:40 p.m. ADJOURNMENT: There being no further business, the meeting was adjourned at 8:41 p.m. APPROVED: ATTEST: Joyce Olson, Mayor Sandy Kenworthy, Deputy City Clerk PASSED and APPROVED this 4t'day of August, 2008. 3 CITY OF PASCO Council Meeting of: August 4, 2008 Accounts Payable Approved The City Council City of Pasco, Franklin County, Washington We, the unde ig d, do her .b under penalty of perjury that the materials have been furnished,the services re ere or the I r perform d as described herein and that the claim is a just, due and unpaid obligation a i t the 'y and that are authorized to authenticate and certify to said claim. Gary C r7 fi rd, City ana r 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 5012 and 5018 in the amount of$112,144.67, have been authorized;that Check No.s 167088 through 167313 are approved for payment in the amount of$1,150,922.80,for a combined total of$1,263,067.47 on this 4th day of August,2008- Councilmember Councilmember SUMMARY OF CLAIMSIWIRE TRANSFERS BY FUND: GENERAL FUND: Legislative 1,264.29 Judicial 9,545.80 Executive 3,446.13 Police 189,175.46 Fire 20,475.32 Administration & Community Services 131,281.64 Community Development 40,567.29 Engineering 1,739.01 Non-Departmental 10,977.12 Library 92,459.95 TOTAL GENERAL FUND: 500,932.01 STREET 79,721.85 C. D. BLOCK GRANT 658.43 KING COMMUNITY CENTER 1,124.53 AMBULANCE SERVICE 2,697,22 CEMETERY 2,181.60 ATHLETIC PROGRAMS 1,235.35 SENIOR CENTER 3,183.29 MULTI MODAL FACILITY 1,342.45 RIVERSHORE TRAIL&MARINA MAIN 898.65 LITTER CONTROL 2,497.85 REVOLVING ABATEMENT 1,783.00 CAPITAL IMPROVEMENT 102,555.59 TRAC DEVELOPMENT 12,500.00 STADIUM/CONVENTION CENTER 10,144.00 SUN WILLOWS RESIDENTIAL DEVELOPMENT 0.00 METRO DRUG TASK FORCE 2,063.06 METRO DRUG FORFEITURE FUND 382.42 GENERAL CONSTRUCTION 1,000.00 WATER/SEWER 265,926.06 EQUIPMENT RENTAL-OPERATING 22,754.20 EQUIPMENT RENTAL-REPLACEMENT 0.00 MEDICAL/DENTAL INSURANCE 145,152.30 CENTRAL STORES 0.00 FIRE PENSIONS 7,743,96 PAYROLL CLEARING 38,148.65 TRI CITY ANIMAL CONTROL 56,441.00 GRAND TOTAL ALL FUNDS: $ 1,263,067.47 3(b).1 CITY OF PASCO Council Meeting of: Payroll Approval August 4, 2008 The City Council City of Pasco Franklin County, Washington The follow' l a sumTaqLQf payroll claims against the City of Pasco for the month of July 2008 whi 4'rpr ed her ewi for your review and approval. Ga Ity Hager James W. Pise, 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. 38164 through 38399 and EFT deposit No's. 30024070 through 30024579 and City contributions in the aggregate amount of$2,169,099.28 are approved for payment on this 4th day of August 2008. Councilmember Councilmember SUMMARY OF PAYROLL BY FUND GENERAL FUND: Legislative $ 6,702.62 Judicial 66,937.74 Executive 47,884.15 Police 531,245.44 Fire 505,866.83 Administrative&Community Services 306,069.09 Community Development 44,232.18 Engineering 73,943.29 TOTAL GENERAL FUND 1,582,881.34 CITY STREET 42,470.14 BLOCK GRANT 6,511.52 MARTIN LUTHER KING CENTER 5,428.96 AMBULANCE SERVICE FUND 221,763.70 CEMETERY 9,236.42 ATHLETIC FUND 2,265.38 SENIOR CENTER 12,042.22 STADIUM OPERATIONS 0.00 MULTI-MODAL FACILITY 0.00 BOAT BASIN 0.00 REVOLVING ABATEMENT FUND 0.00 TASK FORCE 8,409.62 WATER/SEWER 254,228.56 EQUIPMENT RENTAL-OPERATING 23,861.42 GRAND TOTAL ALL FUNDS $ 2,169,099.28 Payroll Summary Net Payroll 1,119,134.78 Employee Deductions 614,823.97 Gross Payroll 1,733,958.75 City of Pasco Contributions 435,140.53 Total Payroll $ 2,169,099.28 3(b).2 AGENDA REPORT TO: City Council July 31, 2008 FROM: Gary Crutchfi Manager Regular Mtg.: 8/4/08 SUBJECT: Appointments Regional Hotel/Motel Commission I. REFERENCE(S): 1. Letter from Tri-Cities Hotel and Lodging Association dated 6/24/08 2. Section 5 of Interlocal Agreement establishing Tri-City Regional Tourism Promotion Area II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 814: MOTION: I move to reappoint Hermann Haastrup (Pasco Red Lion) to a two-year term on the Tri-Cities Regional Hotel/Motel Commission; term to expire 8/30/10. 111. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: A) Pasco, along with the cities of Kennewick and Richland, entered into an interlocal agreement in June 2004 to create a regional "Tourism Promotion Area" (TPA). The TPA is an organization formed as authorized by recent state law to levy special assessments for the use of lodging facilities within the respective area. In the case of the Tri-Cities, all hotels/motels within the boundaries of the three cities are required to collect from users of their facilities the fee of $1.50 for each room night used. That fee is remitted by each of the hotels/motels to the state; the state, in turn, distributes the funding back to the respective cities within which it was collected (much like the long-standing 2% hotel/motel tax) and the cities distribute it to the TPA for expenditure in accordance with the business plan and budget established by the Regional Hotel/Motel Commission. B) The Regional Hotel/Motel Commission is established under Section 5 of the Interlocal Agreement. The Commission consists of six voting members; two appointed by each of the three cities from nominees offered by the Tri-City Hotel Lodging Association. Any vacancy is to be filled by the respective city from a list of nominees offered by the Association. C) The Tri-Cities Hotel Lodging Association recommends that Hermann Haastrup (manager of the Pasco Red Lion)be reappointed. V. DISCUSSION: A) Mayor Olson recommends that City Council reappoint Mr. Haastrup as recommended by the Tri-Cities Hotel Lodging Association, without interview. 3(c) - PASCO 011 1' HALL FF C E I\1 Fr) -ITY iviANA,iER'S DFFICE P.O. BOX 2039 Richland, WA 49352 June 24, 2008 Mr. Gary Crutchfield Third Floor 525 N. Third Ave Pasco, WA 99301 Dear Mr. Crutchfield: This letter is in reference to the Pasco TPA Commissioner position, currently held by Hermann Haastrup from the Pasco Red Lion. Herman's term will expire in August 2008. The Tri-Cities Hotel & Lodging Association has nominated Herman Haastrup to continue serving on the TPA on behalf of Pasco as our first choice. Jill Maher from the Holiday Inn Express & Suites in Pasco was nominated as the alternate candidate. If you have any questions regarding this issue, please do not hesitate to contact me at 509-942-9400. I 4aS* r I by M re Ily M Prqesidt Tri-Cities Hotel & Lodging Association Cc Kris Watkins—President CEO Th-Cities Visitors&Convention Bureau 5. Creation of Tri-City Regional Hotel-Motel Commission. A. It is understood and agreed that it is hereby created, pursuant to RCW 35.101.130 (1), the Tri-City Regional Hotel and Motel Commission ("Commission") to advise the Cities on the expenditure of Special Lodging Assessment revenues to fund tourism promotion within the Tri-City region. B. The Commission shall consist of six (6) voting Members and three (3) ex officio Members. Two voting members shall be selected by the Kennewick City Council from a list of nominees prepared by the Tri-City Hotel and Lodging Association from Operators of Lodging Businesses within the city limits of the City of Kennewick. Two (2) voting members shall be selected by the Pasco City Council from a list of nominees prepared by the Tri-City Hotel and Lodging Association from Operators of Lodging Businesses within the city limits of the City of Pasco. Two voting members shall be selected by the Richland City Council from a list of nominees prepared by the Tri-City Hotel and Lodging Association from Operators of Lodging Businesses within the city limits of the City of Richland. In no event shall fifty percent (50%) or more of the voting membership of the Commission be selected from the same Lodging Ownership or Management Company within the Tri-City Regional Area. The City Manager or his or her Designee from each of the three Cities shall serve as an ex officio member. All Commission members, voting and ex officio may participate in all discussions regarding proposed activities and programs by the Tri-City Regional Tourism Promotion Area for promotion and marketing of tourism. Ex officio members shall not have voting rights, except in the event of a tie vote among the voting members at which time, each ex officio member may cast a vote to break the tie. Any vacancy on the Tri-City Regional Hotel and Motel Commission shall be filled by the appointing City, from a list of nominees prepared by the Tri-City Hotel and Lodging Association for voting memberships within thirty (30) days from the date the vacancy occurs. C. It is understood and agreed that the initial voting members of the Commission shall serve staggered terms, with one member serving a one-year term and the second member serving a two-year term. The length of the term for each individual voting member of the initial Commission shall be chosen by lot at the first meeting of the Commission. Thereafter, all voting members subsequently appointed to the Commission shall serve a term of two years. No voting member shall serve more than two consecutive terms as a Member of the Commission unless such subsequent term is separated by at least twelve (12) months from the last date of service as a Member of the Commission. A Member may be removed from the Commission by three- fourths (3/4)�affirmative vote of the Commission for actions deemed to be adverse to the interest of the Commission. Such actions may include unexcused absences from three meetings of the Commission within a twelve (12) month period; failure to perform assigned duties and responsibilities; and conduct detrimental to the best interests of the Commission. Succeeding and replacement voting members shall be selected by each City as provided above for the selection of the initial voting members of the Commission. AGENDA REPORT FOR: City Council July 18, 2008 TO: Gary Crutchfie anager W/Shop Mtg,: 07/28/08 Stan Strebel, i a ' e & Community hector Regular Mtg.: 08/04/08 FROM: Debbie Clark, City Clerk SUBJECT: Disposal of surplus property. I. REFERENCE(S): 1. Memorandum from David Renzelman, Crime Specialist/Evidence Technician 2. Proposed Resolution II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 7/28: Discussion n 8/04: Motion: I move to approve Resolution No.3()-1 ]authorizing the sale of seized/asset forfeiture property considered surplus to City needs. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: A) The Police Department has acquired 53-weapons through seized/asset forfeiture. The weapons have been processed through the Police Department and are now available for disposal through a Licensed Federal Firearms Dealer (required by State law). The weapons are considered surplus to City needs. B) No minimum price is suggested for each weapon. Staff requests Council to declare the weapons surplus to City needs, and authorize staff to sell at auction through a Licensed Federal Firearms Dealer for a price that is in the best interest of the City. The only other lawful option is to destroy the weapons. C) Staff proposes to have the auction consigned to H.A. Rowell Auctioneers, Licensed Firearms Dealer, for a 25% commission on the gross proceeds from the sale with no charge for transporting the items to auction or advertisement thereof. D) In comparison with other auctioneers, this proposal is most advantageous to the City. 3(d) ORIGIN AL Pasco Police Task Seizure/Asset Forfeitures Evidence Inventory Disposition Request 18 July 2008 Below is a list representing weapons that have been approved by the Chief of Police for disposal as excess property. The individual value of each of the weapons described is less than $2,000 each. request that each of these weapons be classified as surplus equipment and disposed of through and to only Licensed Federal Firearms Dealers. CF# BC# Make Model Caliber Serial# 0000473 27079 H&R 904 0.22 AXI60035 0003240 27273 Sig Sauer P229 0.357 AF27999 0029215 28819 Thompson 0.45 AOC36503 00-29116 28848 Beretta 70S 0.38 A39321 Y 011.0169 30193 S&W 686 0.357 ADWO721 0113663 30382 Norinco 1911At 0.45 604442 01-01085 29344 Taurus PT 92 AF 9mm L80776 0233912 37321 Ruger 0.22 13-71917 0235038 37444 Interarms M877 0.357 F264055 0310027 38427 Browning 0.4 513MZ50394 0311488 41024 H&R Revolver 0.32 AJ24909 0311488 42864 H&R Revolver 0.32 AJ26559 0322239 39073 Taurus .38 Special 0.38 PA40862 0339348 40433 S&W 411 VAC0588 0338348 40432 Ruger Blackhawk 0.44 85.40947 03-05618 38078 Ruger MT 11 Long Rifle 0.22 216-44859 0413699 41617 Ruger Police Svc 6 0.357 155-81251 05 38489 306529 Remington Super Magnum 0.12 C310749A 0538499 306583 Glock 19 9mm FCB859US 05-32087 298227 BERSA Thunder 380 0.38 679516 05-37666 303549 Colt Junior Colt 0.25 78313 cc 05-40537 308662 Springfield Savage Arms 120 0,22 P626558 05-44701 313869 New England SBl 12 NK255944 0612776 329129 Marlin 60 0.22 4132798 0625944 343754 Remington 12-A 0.22 496142 06-00601 330723 Ruger P89 9mm 314-19951 06-18070 334504 Ruger P990C 9mm 304-96048 06-21995 338632 Beretta 92FS 9mm BER126741Z 06-26346 344978 Mag Max SSP-86 0.357 74 06-30738 349900 Astra A-100 9mm 5395A 06-35981 356776 Ruger 22-W 22 248-39481 06-37037 358046 Witness EAA-HIALEA14-FLA 9mm AE44328 0638265 359325 Colt Revolver 0.357 61303SA 0707101 377177 Rossi Rifle 0.22 G24390 070710t 377178 Winchester Rifle 0.22 699867 07-25070 394341 Taurus PT 145 0.45 NYK53937 07-25070 394329 Ruger 10/22 Carbine 0.22 246-75009 07-25070 394332 Remington 870 Express 0.12 B242186M 07-25070 394327 Winchester 64 0.32 301695 07-33681 402678 Glock 26 9mm EYZ515 07-34356 403074 Stoeger Arms 0.38 595080 Pasco Police Task 2 Seizure /Asset Forfeitures Evidence Inventory Disposition Request 18 July 2008 CF# BC# Make Model Caliber Serial# 0745880 417627 lnterarms PPK/S 0.38 S002097 07115880 417624 Beretta 84BB 9mm D42717Y 08-06557 422800 Colt .38 Special 0.38 P-21630 92-00015 11984 Colt Super.38 Auto 0.38 169189 95-28160 266940 Beretta 92F 9mm D551982 98-28557 24605 S&W 66-1 0.357 77K9065 99-08415 25319 Beretta 86 Cheetah 0.38 G08294Y 99-12764 25582 Colt MK lV/Gov't 0.38 FR10386E 99-12890 25586 Beretta 92FS 9mm BER152428Z 99-21298 26005 Browning 6.35mm 419158 99-24122 26167 H&R 676 0.22 AT107517 99-X3332.,, 26858 S&W 5906 9mm TCB 1900 David Renzelman,Crime Specialist Citified Evidence Technician RESOLUTION NO. 3 0` A RESOLUTION authorizing the sale of forfeiture/unclaimed asset property surplus to City needs. WHEREAS, there are certain items of forfeiture/unclaimed asset property acquired by the Pasco Police Department and property is surplus to City needs; and; NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: SECTION 1: The items of forfeiture/unclaimed asset property listed below are declared surplus property and city staff is authorized to sell such property at public auction through a Licensed Federal Firearms Dealer: SECTION 2: The city staff is hereby authorized to dispose of said surplus property at auction for a price that is in the best interest of the City. Make Model Cal. Serial No. Make Model Cal. Serial No. Make Model Cal. Serial No. H&R 904 0.22 AX160035 Remington Super 0.12 C310749A Taurus PT 145 0.45 NYK53937 Magnum Sig Sauer P229 0.36 AE27999 Glock 19 9mm FCB859US Ruger 10/22 0.22 246-75009 Carbine Thompson 0.45 AOC36503 BERSA Thunder 0.38 679516 Remington 870 0.12 B242186M 380 Express Beretta 70S 0.38 A39321Y Colt Junior 0.25 78313 cc Winchester 64 0.32 301695 Colt S&W 686 0.36 ADW0721 Springfield Savage 0.22 P626558 Glock 26 9mm EYZ515 Arms 120 Norinco 1911A1 0.45 604442 New SBI 12 NK255944 Stoeger 0.38 595080 England Arms Taurus PT 92 AF 9mm L80776 Marlin 60 0.22 4132798 Interarms PPKlS 0.38 S002097 Ruger 0.22 13-71917 Remington 12-A 0.22 496142 Beretta 84BB 9mm D42717Y Interarms M877 0.36 F264055 Ruger P89 9mm 314-19951 Colt .38 0.38 P-21630 Special Browning 0.4 513MZ50394 Ruger P89DC 9mm 304-96048 Colt Super 0.38 169189 .38 Auto H&R Revolver 0.32 AJ24809 Beretta 92FS 9mm BER126741Z Beretta 92F 9mm D551982 H&R Revolver 0.32 AJ26559 Mag Max SSP-86 0.36 74 S&W 66-1 0.35 77K9065 7 Taurus .38 0.38 PA40862 Astra A-100 9mm 5395A Beretta 86 0.38 G08294Y Special Cheetah S&W 411 VAC0588 Ruger 22-Oct 22 248-39481 Colt MK IV l 038 FR10386E Gov't Ruger Blackhawk 0.44 85-40947 Witness EAA- 9mm AE44328 Beretta 92FS 9mm BER15242 HIALEAH- 8Z FLA Ruger MT II Long 0.22 216-44859 Colt Revolver 0.36 61303SA Browning 6.35 419158 Rifle mm Ruger Police Svc 036 155-81251 Rossi Rifle 0.22 G24390 H&R 676 0.22 AT107517 6 Winchester Rifle 0.22 699867 S&W 5906 9mm TCB1900 PASSED by the City Council of the City of Pasco this day of August, 2008 Joyce Olson, Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Lee Kerr,City Attorney AGENDA REPORT NO. 40 FOR: City Council July 30, 2008 TO: Gary Crutchfielonomlc anager Regular Mtg.: 8/4/08 Rick White, Dit 9W Community & Deve lopment FROM: David 1. McDonald, City Planner' SUBJECT: STREET VACATION: A portion of Colorado Ave., Montana Ave., & Pueblo St. (MF#VAC08-006) I. REFERENCE(S): 1. Proposed Resolution and Vicinity Map 2. Vacation Petition II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. , fixing 7:00 p.m., September 2, 2008 as the time and date for a public hearing to consider the proposed vacation. III.FISCAL IMPACT: A. NONE IV.HISTORY AND FACTS BRIEF: A. The owners of various lots in Blocks 33, 34, and 35 of the Freys Addition have petitioned to vacate a portion of Montana Avenue, Colorado Avenue, and a portion of Pueblo Street. The vacation is being requested to facilitate the development of the said blocks for commercial purposes. B. The petition requires the City Council to fix a public hearing to consider the vacation request. The earliest regular City Council meeting available for a public hearing, which provides the statutory 20-day hearing notice, is September 2, 2008. 3(e) RESOLUTION NO. `' ' A RESOLUTION FIXING THE TIME AND DATE FOR A PUBLIC HEARING TO CONSIDER THE VACATION OF A PORTION OF MONTANA AVENUE, COLORADO AVENUE AND A PORTION OF PUEBLO STREET. WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City, the City Council may vacate rights-of-way; and WHEREAS, R.C.W. 35.79 requires public hearings on vacations to be fixed by Resolution, NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: That a public hearing to consider vacating that portion of Montana Avenue and Colorado Avenue located between Superior Street and Pueblo Street and that portion of Pueblo Street lying between the East line of California Avenue and the West line of Parcel # 113-484-141, will be held before the City Council of the City of Pasco in the Council Chambers at, 525 North 3rd Avenue, Pasco, Washington, at the hour of 7:00 p.m., on September 2, 2008. That the City Clerk of the City of Pasco give notice of said public hearing as required by law. PASSED by the City Council of the City of Pasco this day of , 2008. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy Leland B. Kerr Deputy City Clerk City Attorney el,., r, /t �'i4t L y w'•�44 N 7.� �q ti. .4-j o � w o ct 00 t4 T • Ak i . it V 1 Jut 16 08 nss: 18p Pon Aarnes (5091 737-3078 p.2 FEE$200 ' • CITY OF PASCO STREEWALLEY VACATION PETITION MASTER FILE 4 DATE SUBMITTED: I, we the undersigned, owners of two-thirds of the privately owned abutting property Hereby petition the City Council of the City of Pasco to vacate the following described street/alley rights-of way: dd ' r 4&j uekl a 1!Cn q:h&+ a vy-t-;a s _a F_ Pueblo J y�l aagf_ p f Cad; arnr;c, +-o -�-�e $u3 c.nrN�� vQ (7°"rcel te113—sfS�' 14-( APPLICANT, PROPERTY OWIMD(Legal Description) Print Name: . c-1- Ov+ n7 e. Sign Name: d 1'7 Address: , t(a W01699362 Phone It Date Print Name S ,_ ign e: Date . � Print Name: { Sign Name: Date FEE $200 � r CITY OF PASCO STREET/ALLEY VACATION PETITION MASTER FILE # DATE SUBMITTED: I, we the undersigned, owners of two-thirds of the privately owned abutting property hereby petition the City Council of the City of Pasco to vacate the following described street/alley rights-of-way: Y N S for a�vd Ca/��arN�c� +—a -1-4-e Sc.J C-o%CnleX- OF APPLICANT: PROPERTY OWNED (Legal Description) Print Name: -r nl 2e I Sign Name: Address: toz 'T v% ,er 0'r. Phone # 9Y{L,f r2 q 4: -- Date j- ?-ag` w'1`M 3SZ Print Name: 0- - Sign Name4"17 Date Z' - f a Print Name: M 2 r, Sign Name:_7_1' Date 7 17 p FEE $200 `r mmmml r CITY OF PASCO STREET/ALLEY VACATION PETITION MASTER FILE # DATE SUBMITTED: 1, we the undersigned, owners of two-thirds of the privately owned abutting property hereby petition the City Council of the City of Pasco to vacate the *1111owing sc ri ed street/te� rights-of-way: . t APPLICANT: PROPERTY OWNED (Legal Description) Print Name: Sign Name: d7 � � �,` L-17 Address: Phone # ;F-V/— 272-,z6111 Date �.q Print Name: Sign Name: Date Print Name: Sign Name: Date FEE $200 s CITY OF PASCO STREET/ALLEY VACATION PETITION MASTER FILE # DATE SUBMITTED: I, we the undersigned, owners of two-thirds of the privately owned abutting property hereby petition the City Council of the City of Pasco to vacate the following described street/alley rights-of-way: IV a v Scti rPr Q /VCl f_VL29 St,J cvTNcY APPLICANT: PROPERTY OWNED (Legal Description) Print Name: Sign Name: Address: /70 ire Phone # .e:&J Date ?/e%,6 9-0ilevi" W Print Name: Er L 61• Sign Name: Date Print Name: Sign Name: Date t FEE $200 1 ' • 1 CITY OF PASCO STREET/ALLEY VACATION PETITION MASTER FILE # DATE SUBMITTED: I, we the undersigned, owners of two-thirds of the privately owned abutting property hereby petition the City Council of the City of Pasco to vacate the following described street alley rights-of-way: r� dd v' Sc� 'v r a lv a( Ca�i�orN�c. -k-o rnJe"r 0 V Pa. It Jj + APPLICANT: PROPERTY OWNED (Legal Description) Print Name: Me Sign Name: u, . l l pwrv-c C_ t t 3 —4+ 2-3 Address:2 5,31 St,J C rrllsrJ Phone # Date �� _ �� q714U Print Name: Sign Name: Date Print Name: ; Sign Name: Date l FEE $200 ' ..t CITY OF PASCO STREET/ALLEY VACATION PETITION MASTER FILE # DATE SUBMITTED: 1, we the undersigned, owners of two-thirds of the privately owned abutting property hereby petition the City Council of the City of Pasco to vacate the following described street alley rights-of-way: alvd norNe✓X- pF �3a�c� ` 2i' If APPLICANT: PROPERTY OWNED (Legal Description) Print Name: Sign Name: (13- q S q — 13 2- Address: . 37 r 2IS Phone # Date 0+,5 0y&Na r d gdz7 Print Name: r ';fy% Jc �-ri, 1 1 l r-"7c_ Sign N ' Date' Print Name: 3 Sign Name: Date AGENDA REPORT NO. 38 FOR: City Council n July 30, 2008 TO: Gary Crutchfie anager Regular Mtg.: 8/4/08 Rick White, Di c or Community& conomic Development FROM: David I. McDonald, City Planner--_ SUBJECT: PRELIMINARY PLAT: Sun View Estates, 21 Lots at 3300 Block of Wernett Road (All-Pro Contracting) (MF#PP08-001) I. REFERENCE(S): 1. Proposed Resolution 2. Preliminary Plat(Council Packets only) 3. Report to the Planning Commission 4. Planning Commission Minutes: Dated 6/19/08 & 7/17/08 Note: Preliminary Plat is available in the Planning Office, the Pasco Library, or on the City's web page at www.pasco-wa.gov for public review. II. ACTION REQUESTED OF COUNCIL I STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. Z3ZR , approving the preliminary plat for Sun View Estates. III.FISCAL IMPACT: A. NONE IV.HISTORY AND FACTS BRIEF: A. On June 17, 2008, the Planning Commission conducted a public hearing for the purpose of developing a recommendation for the City Council on the preliminary plat for Sun View Estates. Sun View Estates is a proposed 21-Lot subdivision located in the 3300 block of Wernett Road. B. Following the conduct of a public hearing, the Planning Commission determined that with conditions related to sewer service and other infrastructure needs, the preliminary plat could be recommended for approval. The recommended conditions are contained in the attached resolution. C. No written appeal of the Planning Commission's recommendation has been received. 3(f) RESOLUTION NO. i3 A RESOLUTION approving a preliminary plat for Sun View Estates. WHEREAS, RCW 58.17 enables the City to uniformly administer the process of subdividing property for the overall welfare of the community; and, WHEREAS, owners and developers of property situated in southwest quarter of Section 24, Township 9 North, Range 29 East, W.M. have requested approval of a preliminary plat; and, WHEREAS, the Planning Commission has reviewed said preliminary plat which is named Sun View Estates; and WHEREAS, following a public hearing, the Planning Commission found the proposed plat promoted the general welfare of the community and recommended said preliminary plat be approved with conditions; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: That the preliminary plat for Sun View Estates located in the North half of Section 24, Township 9 North, Range 29 East, W.M., is hereby approved with the following conditions: 1) At the time lots are developed all abutting roads and utilities shall be developed to City standards as approved by the City Engineer. This includes but is not limited to water, irrigation and sewer lines, streets, street lights and storm water retention. Sidewalks must be installed no later than the time each lot is developed with a house. The handicapped sections must be completed with the street and curb improvements prior to final plat approval. All existing and proposed utilities must be installed underground by the developer at the developer's expense 2) All intersections will require setback lines for appropriate sight distances. No fences, utility vaults or pedestals, or other obstructions will be allowed in this area. 3) The developer/builder shall pay the City a "traffic mitigation fee" per the Municipal Code. 4) The developer shall install a sound wall along the north line of Lots abutting 1-182. Said sound wail shall be a minimum of 8 feet in height above the grade of the adjoining I-182 freeway. The sound wall must be approved by the City Planner prior to construction. 5) The developer shall be responsible for all costs associated with construction inspection service expenses incurred by the City of Pasco Engineering Department. 6) The developer will be required to provide a deposit to the City of Pasco to allow the City of Pasco to hire a surveying company to perform topographic surveys of the constructed utilities including manhole lids and flow line elevations, location of sewer stubs, water valves, water meters, irrigation valves, irrigation services, storm water catch basins, street lights, fire hydrants, monuments and other pertinent information deemed necessary, to the satisfaction of the City of Pasco. The developers will be required to provide as-built drawings for the remainder of the improvements. The City of Pasco contracted surveyor will be given an electronic copy of the design drawings to then insert their findings from the topographic survey. 7) The developer shall ensure active and ongoing dust and litter abatement activities occur during the construction of the subdivision and construction of the houses thereon. 8) The final plat shall contain 10 to 15 foot utility easements parallel to all streets as required by utility providers. 9) The developer shall install a properly designed irrigation system with stubs to all lots meeting the requirements of the Franklin County Irrigation District. 10) All engineering designs for infrastructure and final plat drawings shall utilize the published City of Pasco Vertical Control Datum. 11) The final plat shall contain the following Franklin County Public Utility District statement: "The individual or company making improvements on a lot or lots of this plat is responsible for providing and installing all trench, conduit, primary vaults, secondary junction boxes, and backfill for the PUD's primary and secondary distribution system in accordance with PUD specifications; said individual or company will make full advance payment of line extension fees and will provide all necessary utility easements prior to PUD construction and/or connection of any electrical service to or within the plat." 12) All corner lots and other lots that present difficulties for the placement of yard fencing shall be identified in the notes on the face of the final plat(s). 13) All storm water shall be disposed of through means approved by the City Engineer. 14) Submittal & approval of all construction drawings shall be in accordance with the City's Civil Plan Review Process. Passed by the City Council of the City of Pasco this 4th day of August, 2008. Joyce Olson, Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy, Leland B. Kerr, City Attorney Deputy City Clerk REPORT TO PLANNING COMMISSION MASTER FILE NO: PP 08-001 APPLICANT: All-Pro Contracting HEARING DATE: 6/ 19/08 4515 W 9th Ave ACTION DATE: 7/ 17/08 Kennewick, WA 99301 BACKGROUND REQUEST: Preliminary Plat - Sun View Estates (21-Lots) 1. PROPERTY DESCRIPTION: Legal: Lot 2, Short Plat 2008-09 General Location: 3300 block of Wernett Rd. Property Size: 5.21 Acres Number of Lots Proposed: 21 single-family lots Square Footage range of Lots: 8,000 sq. ft. to 13,082 sq. ft. Average Lot Square Footage: 8,495 sq. ft. 2. ACCESS: The property has access from Wernett Rd. 3. UTILITIES: All municipal utilities are available to the site 4. LAND USE AND ZONING: The site is zoned R-1 (Low density Residential) with restrictions requiring minimum lots size of 8,000. Surrounding properties to the south, west and east are zoned R-S-12 and developed primarily with single-family homes. A few duplexs and multi-family units are located throughout the neighborhood. I-182 is located to the north of the site. 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area for low density residential development. 6. ENVIRONMENTAL DETERMINATION: This proposal has been issued a determination of non-significance in accordance with review under the State Environmental Policy Act (SEPA), Chapter 43.21(c) RCW. 1 ANALYSIS The City's land use plans for the last 25-30 years have indicated the property in question should be utilized for low-density (single family) residential development. While much of the property surrounding the proposed site has been developed with low density residential dwellings, the site itself has never developed. The proposed plat can be considered an infill project that utilizes land within the Pasco Urban Growth Boundary that was previously bypassed (skipped over) by development. The applicant is proposing to subdivide the site into 21 single-family lots. The proposal calls for the development of single-family lots that are similar in size to the lots in Newton's Addition located to the southwest across Wernett Rd. The average lot size in the proposed subdivision is 8,106 square feet. LOT LAYOUT: The proposed plat contains 21 lots meeting or exceeding the R- 1 zoning requirements imposed by the ordinance that rezoned the property from R-S-1 to R-1. RIGHTS-OF-WAY: All lots have adequate frontage on streets that will be dedicated. UTILITIES: The developer will be responsible for extending the water lines, sewer lines and other utilities into the plat. A utility easement will be needed along the first 10-15 feet of all lots. The final location and width of the easements will be determined during the engineering design phase. The front yard setbacks for construction purposes are larger than the requested easements; therefore the front yard easements will not encroach upon the buildable portions of the lots. The City Engineer will determine the specific placement of fire hydrants and streetlights when construction plans are submitted. As a general rule, fire hydrants are located at street intersections and at a maximum of 600-foot intervals and streetlights are located at street intersections and at 300-foot intervals on residential streets. All water and sewer utilities will come from Wernett Rd. STREET NAMES: The proposed street name will need to be modified to avoid confusion with streets to the south. IRRIGATION: The Municipal Code requires the installation of irrigation lines as a part of infrastructure improvements. 2 WATER RIGHTS: The property is within the Franklin county Irrigation District. FINDINGS OF FACT State law (RCW 58.17.010) and the Pasco Municipal code require the Planning Commission to develop Findings of Fact as to how this proposed subdivision will protect and enhance the health, safety and general welfare of the community. The following is a listing of proposed "Findings of Fact": Prevent Overcrowding: Minimum lot sizes of 8,000 square feet or greater will address the overcrowding concern by providing manageable lots and usable open spaces. R-1 zoning requires a 20 foot front yard set back and no more than 40 percent lot coverage providing for open space on the lots. Parks Opens Space/Schools: The subdivision is too small for the requirement for a neighborhood park. The developer will need to provide a fee in lieu of land dedication. Effective Land Use/Orderly Development: The plat is laid out to effectively utilize the site consistent with surrounding residential development. The site is within the Pasco Urban Growth boundary and the development will occur on land previously skipped over by past development. This development would be considered an infill project. Safe Travel & Walking Conditions: The plat provides connections to the community by way of local access streets. Sidewalks are required to be installed when homes are built. Adequate Provision of Municipal Services: Municipal water and sewer lines will be extended to the plat from nearby lines. All utility lines will be sized and installed to meet the standard specification of the City. Provision of Housing for State Residents: This preliminary plat will provide 21 lots for the construction of new dwellings for Pasco residents. Adequate Air and Light: The lot sizes and maximum lot coverage limitations will assure the adequate movement of air and light is available to each lot. Proper Access & Travel: The access street in the plat will be paved and developed to City standards to assure proper access is maintained to each lot. Connections to the community will be provided by local streets. The preliminary plat was submitted to the Transit Authority for review. No comments were received from the Transit Authority. 3 Comprehensive Plan Policies & Maps: The Comprehensive plan designates the site for low-density residential development. Policies of the plan encourage development to expand in a progressive and efficient manner. These policies also encourage the advancement of home ownership and suggest the City strive to maintain a variety of housing of residents. Other Findings: (list additional finds as appropriate) • The I-182 freeway is located directly to the north of the site. • The site is currently vacant. • Each lot developed within the 1-182 corridor whether in the applicant's proposed subdivision or other subdivisions is required to pay a traffic mitigation fee of$300. • Comprehensive Plan Policy LU-3-C encourages development to expand in a progressive and efficient manner. • Comprehensive Plan Policy H--3-B encourages the advancement of homeownership. • Comprehensive Plan Policy H-2 suggests the city strive to maintain a variety of housing options for residents of the community. • Comprehensive Plan Policy H-1-B supports the protection and enhancement of the established character of viable residential neighborhoods. CONCLUSIONS BASED ON STAFF FINDINGS OF FACT Before recommending approval or denial of the proposed plat the Planning Commission must develop findings of fact from which to draw its conclusion (P.M.C. 26.24.070) there from as to whether or not: (1) Adequate provisions are made for the public health, safety and general welfare and for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds, transit stops, schools and school grounds, sidewalks for safe walking conditions for students and other public needs; The proposed plat will be required to develop under the standards of the municipal code and standard specifications of the City Engineering Department. These standards were designed to ensure the public health; safety and general welfare of the community are secured. These standards include provisions for streets, drainage, water and sewer service and funding for park lands. This preliminary plat has been forwarded to the Franklin County PUD, the Pasco School District and Ben- Franklin Transit Authority for review and comment. 4 (2) The proposed subdivision contributes to the orderly development and land use patterns in the area; The proposed plat is located on a site that has been skipped over by development. The development is an infill project that makes efficient use of vacant land that was passed over by previous development. (3) The proposed subdivision conforms to the policies, maps and narrative text of the Comprehensive Plan; The Comprehensive Plan land use map designates the site for low density residential development. Low density development is described as 2 to 5 single family units per acre in the text of the Comprehensive Plan. The policies of the plan (LU 3-C) encourage development to expand in a progressive and efficient manner and encourage the advancement of home ownership (H-3-B). Plan Goal H-2 suggests the City strive to maintain a variety of housing options for residents of the community while Plan Policy H-1-B supports the protection and enhancement of the established character of viable residential neighborhoods. (4) The proposed subdivision conforms to the general purposes of any applicable policies or plans which have been adopted by the City Council; Development plans and policies have been adopted by the City Council in the form of the Comprehensive Plan. The proposed subdivision conforms to the policies, maps, and narrative text of the Plan as noted in number three above. (5) The proposed subdivision conforms to the general purposes of the subdivision regulations. The general purposes of the subdivision regulations have been enumerated and discussed in the staff analysis and findings of fact. The findings of fact indicate the subdivision is in conformance with the general purposes of the subdivision regulations. (6) The public use and interest will be served by approval of the proposed subdivision. The proposed plat, if approved, will be developed in accordance with all City standards designed to insure the health, safety and welfare of the community are met. The Comprehensive Plan will be implemented through development of this plat. These factors will ensure the public use and interest is served. 5 RECOMMENDATION MOTION for Findings of Fact: I move to adopt findings of fact numbers and the conclusions as contained in the staff report of July 17, 2008. MOTION for Recommendation: I move based on the findings of fact and conclusions there from the Planning Commission recommend the City Council approve the Preliminary Plat for Sun View Estates with conditions as listed in the staff report of July 17, 2008. PLAT APPROVAL CONDITIONS 1) At the time lots are developed all abutting roads and utilities shall be developed to City standards as approved by the City Engineer. This includes but is not limited to water, irrigation and sewer lines, streets, street lights and storm water retention. Sidewalks must be installed no later than the time each lot is developed with a house. The handicapped sections must be completed with the street and curb improvements prior to final plat approval. All existing and proposed utilities must be installed underground by the developer at the developer's expense 2) All intersections will require setback lines for appropriate sight distances. No fences, utility vaults or pedestals, or other obstructions will be allowed in this area. 3) The developer/builder shall pay the City a "traffic mitigation fee" per the Municipal Code. 4) The developer shall install a sound wall along the north line of Lots abutting I-182. Said sound wall shall be a minimum of 8 feet in height above the grade of the adjoining I-182 freeway. The sound wall must be approved by the City Planner prior to construction. 5) The developer shall be responsible for all costs associated with construction inspection service expenses incurred by the City of Pasco Engineering Department. 6) The developer will be required to provide a deposit to the City of Pasco to allow the City of Pasco to hire a surveying company to perform topographic surveys of the constructed utilities including manhole lids and flow line elevations, location of sewer stubs, water valves, 6 water meters, irrigation valves, irrigation services, storm water catch basins, street lights, fire hydrants, monuments and other pertinent information deemed necessary, to the satisfaction of the City of Pasco. The developers will be required to provide as-built drawings for the remainder of the improvements. The City of Pasco contracted surveyor will be given an electronic copy of the design drawings to then insert their findings from the topographic survey. 7) The developer shall ensure active and ongoing dust and litter abatement activities occur during the construction of the subdivision and construction of the houses thereon. 8) The final plat shall contain 10 to 15 foot utility easements parallel to all streets as required by utility providers. 9) The developer shall install a properly designed irrigation system with stubs to all lots meeting the requirements of the Franklin County Irrigation District. 10) All engineering designs for infrastructure and final plat drawings shall utilize the published City of Pasco Vertical Control Datum. 11) The final plat shall contain the following Franklin County Public Utility District statement: "The individual or company making improvements on a lot or lots of this plat is responsible for providing and installing all trench, conduit, primary vaults, secondary junction boxes, and backfill for the PUD's primary and secondary distribution system in accordance with PUD specifications; said individual or company will make full advance payment of line extension fees and will provide all necessary utility easements prior to PUD construction and/or connection of any electrical service to or within the plat." 12) All corner lots and other lots that present difficulties for the placement of yard fencing shall be identified in the notes on the face of the final plat(s). 13) All storm water shall be disposed of through means approved by the City Engineer. 14) Submittal & approval of all construction drawings shall be in accordance with the City's Civil Plan Review Process. �. ;.�=_:. ,ICY "`e.•'.� =. • _. ' . • "�-r;. .. ` � ,.:.�..<.�n,esx>tF'ak:"�`+t='.. .!!gy�m,�c r r � r• ! Jf� �'.! {. � .JJ/)�/(f� �. _Y�E!�•�,+r r`�y'NJ .rC.r' ,�5.�� �// �J(!JI'�ff e' i+r j'Jr/I�J�IJ/ •\ � f ucp�6 Y�. A-4 Wow WN �! /I r'F 0,j,•t r I 'rY Jr. '�,'f, `9P c17+,t. Tn u a is r �^ ;•,•� ' 'J . ;� 3� y 3�.� v t�.. lA yid` �• 'l $� ` 'i t1.nAt&I..i 4�'�t• �. os aeob � z w ze adoa w •Nz 00 ul Ct 7c Cal v 5E a Q ado os ado Of Cl) cem w 3 � � .0 zs adoa cto W K ssc � U) Fm W � I 00 LLA cl) 4-4 � w r CIJ Ci) a r 0 pool a O N aeon Planning Commission Minutes 6/19/08 B. Preliminary Plat Sun View Estates 21-Lots All-Pro Contractin Inc. 3300 Block of Wernett Rd MF#08-001 Chairman Samuel read the master file number and asked for comments from staff. Staff stated public notice was published in the newspaper and mailed to surrounding property owners within 300 ft of the proposed subdivision site. Staff explained the Planning Commission previously reviewed a rezone application for the site and recommended it be rezoned to R-1 with a condition that lots be no smaller than 8,000 sq ft. The applicant prepared a preliminary plat in conformance with the zoning. Staff reviewed the written report for the benefit of the Planning Commission and explained the need for infrastructure improvements corresponding to the R-1 zoning and the need for a sound wall along the freeway. It was pointed out that the Washington State Department of Transportation responded to the SEPA notice by stating it was the developers' responsibility to dampen or deflect any traffic noise that may impact the proposed development. Staff reviewed the proposed approval conditions and discussed the condition dealing with the sound wall. Commissioner Little asked what type of sound wall was considered. Staff recommended an 8 inch block wall similar to the existing wall west of the site on the freeway. Commissioner Little further asked concerning the existence of different types of walls along the I-182 corridor. Staff stated that a consistent pattern is needed and recommended. Commissioner Schouviller asked about sidewalks, curb and gutter currently in the area. Staff explained surrounding properties are zoned R-S-12 and are not required to have sidewalks, curb and gutter. However, property in question is zoned R-1 and is required to have sidewalks, curb and gutter. Commissioner Rose asked if the contractor would have the ability to choose the type of sound wall, and commented he would like to keep the sound walls consistent throughout. Staff commented the sound wall would be a condition of approval recommended by the Planning Commission. Chairman Samuel opened the public hearing for comments from the public. Arnold Haag, All Pro Contracting, 101 Jasper Ct, stated his intentions to develop housing for moderate income homes in West Pasco. Commissioner Little questioned the price range of the proposed homes. Arnold Haag commented the prices would be from $115,000 to $125,000 for 3 bedroom, 2 bath, double garage homes. Commissioner Little asked the impact of the costs for the sound wall. Arnold Haag responded the price of the wall was not originally included in the plan. Lauren Mitchell, 3605 Agate, stated he was concerned about increased traffic in the neighborhood, and graffiti if a sound wall is installed. Lynn Hall, 2216 N. Road 33, stated he was concerned about the number and sizes of homes proposed being proposed. He was also concerned the project would devalue homes in the neighborhood. Staff explained that with the recent current growth in the community existing homes adjacent new developments have not gone down in value. Staff also explained that by law (GMA) the community was required to accommodate growth within the Urban Growth Boundary. Following three calls for further testimony Chairman Samuel closed the hearing. Commissioner Anderson stated the sound walls needed to have a consistent appearance. Commissioner Schouviller asked about specifying an average price range for the homes. Staff stated the City could not require a minimum value for homes due to a number of court case on the matter. The city can only specify zoning and lot size. Chairman Samuel asked about increasing the minimum lot size for this zone. Staff explained the proposed lots are about 1,000 square feet larger than the minimum required for the zone. Increasing the size of the lots would make it difficult to cover the expenses for the sound wall, curb and gutter, street lights and pavement. Commissioner Rose moved to close the hearing on the proposed preliminary plat and schedule deliberations and adoptions of findings of fact and conclusion and make recommendations to the City Council at the July 17, 2008 meeting. Commissioner Schouviller seconded the motion. Some additional discussion ensued regarding street improvements and the need for a sound wall as a part of the approval conditions. The motion passed unanimously. Chairman Samuel stated the Planning Commission would vote on a recommendation for the City council at the next regular meeting. Planning Commission Minutes 7/17/08 A. Preliminary Plat Sun View Estates, 21-Lots (Ail-Pro Contracting Inc.)(3300 Block of Wernett Rd)(MF#08-001) Chairman Samuel read the master file number and asked for comments from staff. Staff stated this item was presented last month at the public hearing where testimony was provided by the applicant, adjoining property owners and staff. Staff reviewed the proposed plat approval conditions related to the need for a sound wall as well as utilities, curb, gutter and sidewalks needs. Staff explained a power line is located in the front of the property and as a condition of development it needs to be underground and or a bond needs to be in place to cover the undergrounding of the power line. This is a requirement that is in effect for all developments, churches, and in some cases schools. Staff recommended that the Planning Commission discuss the condition related to the sound wall. Chairman Samuel asked if the applicant was aware of the undergrounding of the power lines. Staff stated the applicant was aware of the requirement to underground power lines pointing out the applicant's last subdivision, Sunrise Estates, was required to undergrounding/relocate power lines. Chairman Samuel asked if the development would be surrounded by a block wall. Staff stated the development has lots that are facing Wernett Street and would not be required to be surrounded by a block wall. The recommendation would be for a sound wall to be along the freeway side of this development. Commissioner Schouviller asked about the existing grade in relation to the highway. Staff commented it varies. Chairman Samuel questioned if the recommendation would need to be revised. Staff stated it would vary depending on the area. Commissioner Cruz recommended that the sound wall be at least 8 ft above the height of the finished highway and questioned the context of a berm. Staff explained the height of the berm was to bring the bottom of the wall level with the grade of the freeway. Commissioner Cruz commented there needed to be a rule or policy that applies to situations like this. Staff suggested conditions #4 could be restated to read the sound wall shall be a minimum of 8 ft in height above the grade of the adjoining I-182 freeway. The grade in the plat would need to be raised to meet the grade of the freeway. Commissioner Little questioned if that height would cover the sound issue. Staff commented it would cover sound issues for the standard one story house. There may be sound issues for two story houses. Commissioner Little further asked about the types of homes being built in this development. Staff stated this developer typically builds one story houses. Commissioner Rose moved, seconded by Commissioner Little to adopt the findings of fact as contained in the staff report of July 17, 2008. The motion was approved unanimously. Commissioner Rose moved based on the findings of fact as adopted seconded by Commissioner Hay the Planning Commission recommend the City Council approve the Preliminary Plat for Sun View Estates with conditions as listed in the staff report of July 17, 2008. The motion was approved unanimously. Staff noted the recommendation would go to the City Council for action at the first regular meeting in August, 2008. An appeal of the recommendation would cause a closed record hearing to be held before the City Council. AGENDA REPORT NO. 20 FOR: City Council July 31, 2008 TO: Gary Crutch i anager Regular Mtg.: 08/04/08 Robert J. Alb , u c Works Director FROM: Doyle L Heath, Utility Engineer SUBJECT: Local Improvement District (LID)No. 145 —Public Hearing&Ordinance to create LID for"A" Street Improvements between Elm Avenue and Road 40 East. I. REFERENCE(S): 1. Street Cross Sections Drawing 2. Assessment Map 3. Ordinance II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: CONDUCT A PUBLIC HEARING 08104: MOTION: I move to adopt Ordinance , creating Local Improvement District 145 for "A" Street between Elm Ave. and Road 40 East and, further, authorize publication by summary only. III. FISCAL IMPACT: Utility, General Fund, Industrial Development IV. HISTORY AND FACTS BRIEF: A) Staff made a presentation to the City Council on March 10, 2008 regarding the formation of a LID in"A" Street between Elm Avenue and Road 40 East. On July 7, 2008, the City Council approved Resolution No. 3089 declaring its intention to create the LID and set a Public Hearing date for August 4, 2008. B) The City staff has been approached by owners adjacent to "A" Street to make improvements. The owners are interested in forming a Local Improvement District (LID) for improving "A" Street between Elm Street and Road 40 East with participation from the City. The owners propose the LID would cover the cost of widening "A" Street between Cedar Street and Road 40 East, curb and gutter, sidewalks on the north side, storm water facilities using swales and street lights. The City would commit to installing the water and sewer utilities, paying for the widening of"A" Street on the north side between Elm Street and Cedar Street where existing homes exist, the replacement of the existing bike lane with a new bike path on the south side, and sharing the overhead costs (engineering, legal, advertising, etc). The estimated cost to the property owners is $1,691,616. The City's estimated cost is $455,587. The City's cost for water and sewer, estimated at $179,395, would be paid by the Utility fund and recovered when development occurs. The remaining $276,192 could be paid by the General fund or Industrial Development fund. C) The Public Hearing is to solicit and hear testimony from those for and against the LID. If Council approves the Ordinance, the affected property owners have 30 days in which to file formal written protest; if owners representing 60% of the preliminary assessments file written protests within that time period, the LID is null and void. Absent such appeal, final design and construction will follow. V. DISCUSSION: A) Staff believes a project needs to be created to make the improvements to "A" Street. The project would abut twenty two (22) parcels and facilitates development in this vicinity. This area is zoned industrial. B) Staff recommends that the City Council adopt the Ordinance creating this LID. 7(a) w � U Ld E- CL Y O 00 w Q m 0 Y Q z O Z � LLJ z w a Z d W w N Z -� O d O o Q � OLO Z Q w f- T Ng z W W 0 Q W W X Z = w _ w � � w (-:)j o g o LL- Lo 0 W N O � IWI �4 (A LLJ H LL- _j � laJ d U s N Z o i__i__I x Q X > LL � ! Q w Li 4 h w Z nO Y h (L L-I O lf)w nY � Y z N� z X358 Q _ b .Q ALT ww ww `� —ww �N—�►�► � IS 3n5YddS r 13 A 44 Fk-,A W IS 3NV)Oa All _ son = ilt.,tl e'�m+ r - vnw nww.. �. Q 1S v'InOSS n ps iq va r N i o + QI119 3MAMH t _ _ r LLj N T 3r w1N3nr VONO3 V uj_ Z (Q� Ld r ,op,,v LN 04 I r [[ cO 3AY""'°0TM" 3AY oJnH s < 3AV M vLHVZenu _. o Itl 1� Q I_._� , Yl ys_ C) o I ( L ' _ 3M/3tlOM1rJ�lS s H n N M � III � �1 { III1ytrrII1 _ 141 F4 ep, ��y -ten 3 �l 3nuAkS CITY OF PASCO, WASHINGTON ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington, relating to City street improvements; ordering the improvement of "A" Street between Elm Avenue and Road 40 East, to City standards, including curb, gutter, utilities and bicycle path, all in accordance with Resolution No. 3089 of the City Council; establishing Local Improvement District No. 145, and ordering the carrying out of the proposed improvements; providing that payment for the improvements be made by special assessments upon the property in the District, payable by the mode of "payment by bonds;" and providing for the issuance and sale of local improvement district warrants redeemable in cash or other short-term financing and local improvement district bonds. WHEREAS, by Resolution No. 3089 adopted July 7, 2008, the City Council declared its intention to order the improvement of"A" Street between Elm Avenue and Road 40 East, to City standards, to include curb, gutter, utilities and bicycle path, and, fixed August 4, 2008, at 7:00 p.m., local time, in the City Council Chambers of the City Hail as the time and place for hearing all matters relating to the proposed improvement and all comments thereon and objections thereto and for determining the method of payment for the improvement; and WHEREAS, the City Engineer caused an estimate to be made of the cost and expense of the proposed improvements and certified that estimate to the City Council, together with all papers and information in his possession touching the proposed improvement, a description of the boundaries of the proposed local improvement district and a statement of what portion of the cost and expense of the improvement should be borne by the property within the proposed district; and WHEREAS, that estimate is accompanied by a diagram of the proposed improvement showing thereon the lots, tracts, parcels of land, and other property which will be specially benefited by the proposed improvement and the estimated cost and expense thereof to be borne by each lot, tract and parcel of land or other property; and WHEREAS, due notice of the above hearing was given in the manner provided by law, and the hearing was held by the City Council on the date and at the time above mentioned, and all objections to the proposed improvement were duly considered by the City Council, and all persons appearing at such hearing and wishing to be heard were heard; and WHEREAS, the City Council has determined it to be in the best interests of the City that the improvement as hereinafter described be carried out and that a local improvement district be created in connection therewith; NOW, THEREFORE, LLD 145 Formation Ordinance 080408.DOC THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES HEREBY ORDAIN as follows: Section 1. The City Council of the City of Pasco, Washington (the "City"), orders the improvement of the properties within the area described in Exhibit B, by the improvements of "A" Street between Elm Avenue and Road 40 East, to City standards, including curb, gutter, utilities and bicycle path, as more particularly described in Exhibit A (the"Improvements"). The Improvements shall be in accordance with the plans and specifications therefor prepared by the City Engineer, and may be modified by the City Council as long as such modification does not affect the purpose of the Improvements. Section 2. There is created and established a local improvement district to be called Local Improvement District No. 145 of the City of Pasco, Washington (the "District"), the boundaries or territorial extent of the District being more particularly described in Exhibit B attached hereto and by this reference incorporated herein. Section 3. The total estimated cost and expense of the Improvements is declared to be $2,147,203 of which an estimated $1,691,616 shall be borne by and assessed against the property specially benefited by such Improvements included in the District which embraces as nearly as practicable all property specially benefited by such Improvements. Section 4. In accordance with the provisions of RCW 35.44.047, the City may use any method or combination of methods to compute assessments which may be deemed to more fairly reflect the special benefits to the properties being assessed than the statutory method of assessing the properties. Section 5. Local improvement district warrants may be issued in payment of the cost and expense of the Improvements herein ordered to be assessed, such warrants to be paid out of the Local Improvement Fund, District No. 145, hereinafter created and referred to as the Local Improvement Fund, and, until the bonds referred to in this section are issued and delivered to the purchaser thereof, to bear interest from the date thereof at a rate to be established hereafter by the City's Financial Services Manager, as issuing officer, and to be redeemed in cash and/or by local improvement district bonds herein authorized to be issued, such interest-bearing warrants to be hereafter referred to as "revenue warrants." In the alternative, the City hereafter may provide by ordinance for the issuance of other short-term obligations pursuant to chapter 39.50 RCW. If the City shall authorize expenditures to be made for such Improvements (other than for any cost or expense expected to be borne by the City) prior to the date that any short-term obligations or local improvement district bonds are issued to finance the Improvements, from proceeds of interfund loans or other funds that are not, and are not reasonably expected to be, reserved, allocated on a long-term basis or otherwise set aside to pay the cost of the Improvements herein ordered to be assessed against the property specially benefited thereby, the City declares its official intent that those expenditures, to the extent not reimbursed with prepaid special benefit assessments, are to be reimbursed from proceeds of short-term obligations or local improvement district bonds that are expected to be issued for the Improvements in a principal amount not exceeding $1,691,616. LID 145 Formation Ordinance 090408.DOC The City is authorized to issue local improvement district bonds for the District which shall bear interest at a rate and be payable on or before a date to be hereafter fixed by ordinance. The bonds shall be issued in exchange for and/or in redemption of any and all revenue warrants issued hereunder or other short-term obligations hereafter authorized and not redeemed in cash within twenty days after the expiration of the thirty-day period for the cash payment without interest of assessments on the assessment roll for the District. The bonds shall be paid and redeemed by the collection of special assessments to be levied and assessed against the property within the District, payable in annual installments, with interest at a rate to be hereafter fixed by ordinance under the mode of"payment by bonds," as defined by law and the ordinances of the City. The exact form, amount, date, interest rate and denominations of such bonds hereafter shall be fixed by ordinance of the City Council. Such bonds shall be sold in such manner as the City Council hereafter shall determine. Section 6. In all cases where the work necessary to be done in connection with the making of such Improvements is carried out pursuant to contract upon competitive bids (and the City shall have and reserves the right to reject any and all bids), the call for bids shall include a statement that payment for such work may be made in cash warrants drawn upon the Local Improvement Fund or by check or other lawful instrument through the City LID Construction Fund, LID 145 Account, for and on behalf of the District. Section 7. The Local Improvement Fund for the District is created and established in the office of the City Financial Services Manager. The proceeds from the sale of revenue warrants or other short-term obligations drawn against the fund which may be issued and sold by the City and the collections of special assessments, interest and penalties thereon shall be deposited in the Local Improvement Fund. Cash warrants to the contractor or contractors in payment for the work to be done by them in connection with the Improvements and cash warrants in payment for all other items of expense in connection with the Improvements may be issued against the Local Improvement Fund. Alternatively, payment to the contractor or contractors may be made through the City LID Construction Fund, LID 145 Account, for and on behalf of the District. Section S. Within 15 days of the passage of this ordinance there shall be filed with the City Clerk the title of the Improvements and District number, a copy of the diagram or print showing the boundaries of the District and the preliminary assessment roll or abstract of such roll showing thereon the lots, tracts and parcels of land that will be specially benefited thereby and the estimated cost and expense of such Improvements to be borne by each lot, tract or parcel of Iand. The City Clerk immediately shall post the proposed assessment roll upon her index of local improvement assessments against the properties affected by the local Improvements. PASSED by the City Council and APPROVED by the Mayor of the City of Pasco, Washington, at a regular open public meeting thereof, this 4th day of August, 2008. LID 145 Formazion Ordinance 080408.DOC Joyce Olson, Mayor ATTEST: Debra L. Clark; City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney Lm 145 Formation Ordinance 080408.DOC EXHIBIT A LID No. 145 —"A" Street between Elm Avenue and Road 40 East The LID is to include the work of installing curb, gutter, utilities and bicycle path, and the roadway to City of Pasco standards: In Street From To "A" Street Elm Avenue Road 40 East Exhibit A 50927174.1 EXHIBIT B LID No. 145 -"A" Street between Elm Avenue and Road 40 East Legal description of the boundary: That portion of the South half of the South half of Sections 27 and 28, Township 9 North, Range 30 East, and the North half of the North half of Sections 33 and 34, Township 9 North, Range 30 East W.M. in Pasco,Franklin County, Washington, described as follows; Commencing at the intersection of East "A" Street and Road 40 East, also being the South quarter corner of Section 27, Township 9 North, Range 30 East, W.M., also being the North quarter corner of Section 34, Township 9 North, Range 30 East, W.M., in Pasco, Franklin County, Washington, also being the True Point of Beginning; Thence Northerly along the Northerly projection of the centerline of Road 40 East, also being the Northerly centerline of said Section 27, a distance of 40-feet to a point on the North right-of-way line of East "A" Street, also being the Southeasterly corner of a lot whose parcel number is 113- 730-124 with the legal description being "That portion of the Southeast quarter of the Southwest quarter of Section 27, Township 9 North, Range 30 East, W.M., Franklin County, Washington, described as follows: Beginning at a point on the North line of"A" Street as the same now exists said point also being on the center line of said Section 27; thence Northerly along the said centerline 330.00 feet; thence Westerly parallel with the South line of Section 27, 330.0 feet; thence Southerly parallel with the center line of Section 27, 330.0 feet to the North line of said "A" Street; thence Easterly along the North line of"A" Street to the Point of Beginning"; thence continuing Northerly along the Northerly centerline of said Section 27, also being the Easterly line of said lot with parcel number 113-730-124, a distance of 330-feet to the Northeast corner of said lot; thence Westerly along the Northerly line of said lot with parcel number 113-730-124, a distance of 330-feet, to the Northwest corner of said lot, also being the Northeast corner of Lot 2, Short Plat 78-25; thence continuing Westerly along the North line of Lot 2 and Lot 1, Short Plat 78-25 to the Northwest corner of said Lot 1; thence Southerly along the West line of said Lot 1, a distance of 20-feet to a point being 350-feet North of the Southerly section line of said Section 27, also being the Northeastern corner of Lot 2, Tierra Vida Commercial Phase One; thence Westerly along the North line of said Lot 2 to the Northwest corner of said Lot 2; thence Southerly along the Eastern right-of-way line of Tierra Vida Lane and a 45-foot radius curve to the left to the Northern right-of-way line of East "A" Street; thence Westerly along the Northern right-of-way line of East "A" Street to the Southerly tangent of a 45-foot radius curve being the Western right-of-way line of Tierra Vida Lane, also being the Southeastern corner of Lot 1, Tierra Vida Commercial Phase One; thence Northerly along the 45-foot radius curve to the left and the Western right-of-way line of Tierra Vida Lane to the Northeast corner of Lot 1, Tierra Vida Commercial Phase One, also being the Southeast corner of Lot 30, Tierra Vida Phase One; thence continuing Westerly along the South line of Lots, 30, 32, 33, 41, 42, 43, 45, 46, 47, 48, 49, 50, and 51, Tierra Vida Phase One to the Southwest corner of said Lot 51; thence Southerly along the Eastern right-of-way of Manzanita Lane and a 45-foot radius curve to the left to the Northern right-of-way line of East "A" Street; thence Westerly along the North right-of-way line Exhibit B - 1 50927174.1 of East "A" Street to the Southerly tangent of a 45-foot radius curve being the Western right-of- way line of Manzanita Lane; thence Northerly along a 45-foot radius curve to the left and the Western right-of-way line of Manzanita Lane to the Southeast corner of Lot 1, Tierra Vida Phase One, also being about 485-feet North of the centerline of East "A" Street; thence Westerly along the South line of Lots 1, 2, 3, and 4, Tierra Vida Phase One to the Southwest corner of said Lot 4, also being the Eastern right-of-way of an un-named street along the Easterly boundary of Washington Addition, also being 20-feet East of the Western Section Line of Section 27, Township 9 North, Range 30 East, W.M.; thence Southerly along a line being 20-feet East of and parallel to the Western Section Line of said Section 27 to the Northern right-of-way line of East "A" Street; thence Westerly along the Northern right-of-way line of East "A" Street across the un-named street to the Southeastern corner of Lot 17, Block 12, Washington Addition; thence Northerly along the Eastern line of Lots 17, 18, 19, 20, 21, 22, 23, and 24, and across a 20-foot alley, and along the Eastern line of Lots 25, 26, 27, 28, 29, 30, 31, and 32. Block 12, Washington Addition; thence Westerly along the Northern line of said Lot 32, and across a 14-foot alley, and along the Northern line of Lot 1 to the Northwestern corner of said Lot 1; thence Southerly along the Western line of Lot 1, 2, 3, 4, 5, 6, 7, and 8, and across a 20-foot alley, and along the Western line of Lots 9, 10, 11, 12, 13, 14, 15, and 16, Block 12 Washington Addition, to the Southwestern corner of said Lot 16, also being the Northern right-of-way of East "A" Street; thence Westerly along the Northern right-of-way line of East "A" Street across Sprague Street to the Southeastern corner of Lot 17, Block 11, Washington Addition; thence Northerly along the Eastern line of Lots 17, 18, 19, 20, 21, and 22, Block 11, Washington Addition to the Northeaster corner of said Lot 22; thence Westerly along the Northern line of said Lot 22 to the Northwestern comer of said Lot 22 and across a 14-foot alley to the Southeastern corner of Lot 10, Block 11, Washington Addition; thence Northerly along the Eastern line of Lots 10, and 9, and across a 20- foot alley, and along the Eastern line of Lots 8, 7, 6, 5, 4, 3, 2, and 1, Block 11, Washington Addition to the Northeastern corner of said Lot l; thence Westerly along the Northern line of said Lot 1 to the Northwest corner of the said Lot 1; thence Southerly along the Westerly line of Lots 1, 2, 3, 4, 5, 6, 7, and 8, and across a 20-foot alley, and along the Westerly line of Lots 9, 10, 11, 12, 13, 14, 15, and 16, Block 11, Washington Addition to the Southwestern corner of said Lot 16, also being on the Northern right-of-way line of East "A" Street, also being on the Eastern right-of-way line of Spokane Street; thence Westerly along the Northern right-of-way line of East "A" Street crossing Spokane Street to the Southeastern corner of Lot 17, Block 10, Washington Addition; thence Northerly along the Eastern line of Lots 17, 18, 19, 20, 21, 22, 23, and 24, Block 10, Washington Addition to the Northeastern corner of said Lot 24; thence Westerly along the Northern line of said Lot 24 to the Northwestern corner of said Lot 24; thence Northerly across a 20-foot alley, and along the Western line of Lots 25 and 26, Block 10, Washington Addition to the Northwestern corner of said Lot 26, also being the Southwestern corner of Lot 27, Block 10, Washington Addition; thence Easterly along the Southern line of said Lot 27 to the Southeastern corner of said Lot 27; thence Northerly along the Eastern line of Lots 27, 28, 29, 30, 31, and 32, Block 10, Washington Addition to the Northeastern corner of said Lot 32; thence Westerly along the Northern line of said Lot 32, and across a 14-foot alley, along the Northern line of Lot 1 Block 10, Washington Addition; to the Northwestern corner of said Lot 1, also being the Easterly right-of-way line of Missoula Street; thence Southerly along the Western line of Lots 1, 2, 3, 4, 5, 6, 7, and 8, and across a 20-foot alley, and along the Western line of Lots 9, 10, 11, 12, 13, 14, 15, and 16, Block 10, Washington Addition to the Southwestern corner of said Lot 16, also being the Northerly right-of-way line of East "A" Street; thence Westerly Exhibit B - 2 50927]74.1 along the Northern right-of-way line of East "A" Street across Missoula Street to the Southeastern corner of Lot 17, Block 9, Washington Addition; thence Northerly along the Eastern line of Lots 17, 18, 19, 20, 21, 22, 23, and 24, and across a 20-foot alley, and along the Eastern line of Lots 25, 26, 27, 28, 29, 30, 31, and 32, Block 9, Washington Addition to the Northeaster corner of said Lot 32; thence Westerly along the Northerly line of said Lot 32, and across a 14-foot alley, and along the Northerly line of Lot 1, Block 9, Washington Addition to the Northwestern comer of said Lot 1, also being on the Eastern right-of-way line of Heritage Boulevard; thence Southerly along the Western line of Lots 1, 2, 3, 4, 5, 6, 7, and 8, across a 20- foot alley, and along the Westerly line of Lots 9, 10, 11, 12, 13, 14, 15, and 16, Block 9, Washington Addition to the Southwestern corner of said Lot 16, also being on the Northern right-of-way line of East "A" Street, being North of the Southerly line of Section 28, Township 9 North, Range 30 East, W.M. a distance of 40-feet; thence Westerly across Heritage Boulevard to the Southerly tangent of a 55-foot radius curve being the Southeasterly corner of Lot 5, Sunrise Estates Phase 1, being North of the Southerly line of said Section 28 a distance of 50-feet, thence continuing Westerly along the Northern right-of-way line of East"A" Street, being the Southerly line of Lots 5 and 4, Sunrise Estates Phase 1, to the Southerly tangent of a 55-foot radius curve to the right, also being the Eastern right-of-way line of Anaconda Avenue; thence continuing Westerly along the Northern right-of-way line of East"A" Street across Anaconda Avenue to the Southerly tangent of a 55-foot radius curve, being the Westerly right-of-way line of Anaconda Avenue; thence continuing Westerly along the Northerly right-of-way line of East "A" Street, also being the Southerly line of Lots 3, 2, and 1, Sunrise Estates Phase 1, to the Southwestern corner of Lot 1, Sunrise Estates Phase 1, also being on the Eastern line of Lot 2, Short Plat 2002- 10; thence Northerly along the Eastern line of said Lot 2 to the Northeastern corner of said Lot 2; thence Westerly along the Northerly line of Lot 2 and Lot 1, Short Plat 2002-10 to the Northwestern corner of said Lot 1, also being on the Eastern right-of-way line of Cedar Avenue; thence Southerly along the Westerly line of said Lot 1 to the Southwestern corner of said Lot 1, also being the Northern right-of-way line of East "A" Street, being North of the Southerly line of Section 28, Township 9 North, Range 30 East, W.M. a distance of 40-feet; thence Westerly along the Northern right-of-way line of East "A" Street across Cedar Avenue to the Southeastern corner of Lot 17, Block 12, Kurtzman's First Addition; thence continuing Westerly along the Southern line of said Lot 17 and a 20-foot alley and the Southern line of Lot 16, Block 12, Kurtzman's First Addition to the Southwestern corner of said Lot 16, also being the on the Eastern right-of-way line of Waldemar Avenue; thence continuing Westerly along the Northern right-of-way line of East "A" Street across Waldemar Avenue to the Southeastern corner of Lot 17, Block 11, Kurtzman's First Addition, also being on the Western right-of-way line of Waldemar Avenue; thence continuing Westerly along the Southern line of said Lot 17 and a 20- foot alley and the Southern line of Lot 16, Block 11, Kurtzman's First Addition to the Southwestern corner of said Lot 16, also being on the Eastern right-of-way line of Hugo Avenue; thence continuing Westerly along the Northern right-of-way line of East "A" Street to the Southeastern corner of Lot 17, Block 10, Kurtzman's First Addition, also being on the Western right-of-way line of Hugo Avenue; thence continuing Westerly along the Southern line of said Lot 17 and a 20-foot alley and the Southern line of Lot 16, Block 10, Kurtzman's First Addition to the Southwestern corner of said Lot 16, also being on the Eastern right-of-way line of Sycamore Avenue; thence continuing Westerly along the Northern right-of-way line of East "A" Street across Sycamore Avenue to the Southeastern corner of Lot 17, Block 9, Kurtzman's First Addition, also being on the Western right-of-way line of Sycamore Avenue; thence continuing Exhibit B - 3 50927174,1 Westerly along the Southern line of said Lot 17 and a 20-foot alley and the Southern line of Lot 16, Block 9, Kurtzman's First Addition to the Southwestern corner of said Lot 16, also being on the Eastern right-of-way line of Elm Avenue and on the Northern right-of-way line of East "A" Street; thence continuing Westerly along the Nor-them right-of-way line of East "A" Street a distance of 40-feet to the centerline of Elm Avenue; thence Southerly along the centerline of Elm Avenue a distance of 40-feet to the centerline on East "A" Street, also being on the Southern line of Section 28, Township 9 North, Range 30 East, W.M., also being on the Northern line of Section 33, Township 9 North, Range 30 East, W.M.; thence continuing Southerly along the centerline of Elm Avenue a distance of 40-feet to the Southern right-of-way line of East "A" Street; thence Easterly along the Southern right-of-way line of East "A" Street a distance of 30- feet to the Eastern right-of-way line of Elm Avenue, also being the Northwestern corner of Lot 1, Block 1, Elliott's Addition; thence Southerly along the Western line of said Lot 1 to the Southwestern corner of said Lot 1; thence Easterly along the Southern line of Lots 1, 2, 3, 4, and 5, Block 1, Elliott's Addition, also being on the Western right-of-way line of Hugo Avenue; thence Northerly along the Eastern line of said Lot 5 to the Northeastern corner of said Lot 5, also being on the Southern right-of-way line of East "A" Street; thence Easterly along the Southern right-of-way line of East "A" Street to the Northwestern corner of Lot 1, Block 2, Elliott's Addition, also being on the Eastern right-of-way line of Hugo Avenue; thence Southerly along the Western line of said Lot 1 to the Southwestern comer of said Lot 1; thence Easterly along the Southern line of Lots 1, 2, 3, 4, and 5, Block 2, Elliott's Addition to the Southeastern corner of said Lot 5, also being on the Western right-of-way line of Cedar Avenue; thence Northerly along the Eastern line of said Lot 5 to the Northeastern corner of said Lot 5, also being on the Southern right-of-way line of East "A" Street; thence Easterly along the Southern right- of-way line of East "A" Street a distance of 30-feet to the North/ South centerline of Section 33, Township 9 North, Range 30 East, W.M.; thence Southerly along the said centerline to a point being a distance of 330-feet from the Northern line of said Section 33, also being along the Westerly line of a lot with parcel number 112-430-012 with the legal description being "The Northerly 330 feet of the Northeast quarter of Section 33, Township 9 North, Range 30 E.W.M., Franklin County, Washington"; thence Easterly along the Southerly line of said lot with parcel number 112-430-012, also being parallel to and a distance of 330-feet South of the Northern line of said Section 33 to Southeastern corner of said lot with parcel number 112-430-012, also being a point on the Eastern line of said Section 33 a distance of 330-feet South of the Northerly line of said Section 33, also being a point on the Western line of Section 34, Township 9 North, Range 30 East, W. M., also being on the Westerly line of a lot with parcel number 112-530-057 with the legal description being the "The Northwest quarter of the Northwest quarter of the Northwest quarter (NW1/4 NW 114 NW 1/4) of Section 34, Township 9 North, Range 30 E.W.M., situated in Franklin County, State of Washington" of said Section 34; thence Southerly along the Westerly line of the said lot with parcel number 112-530-057 to the Southwestern corner of said lot; thence Easterly along the Southerly line of the said lot with parcel number 112-530-057 to the Southeastern corner of the said lot; thence Northerly along the Eastern line of said lot with parcel number 112-530-057 to a point being 330-feet South of the Northerly line of the said Section 34, also being the Southwestern corner of a lot with parcel number 112-530-048 with the legal description being "The North 330 feet of the Northeast quarter of the Northwest quarter of the Northwest quarter and the North 330 feet of the West one-half of the West one-half of the Northeast quarter of the Northwest quarter, all in Section 34, Township 9 North, Range 30 East, W.M., Franklin County, Washington"; thence Easterly along the Southerly line of said lot with Exhibit B -4 50927174.1 parcel number 112-530-048 to the Southeast comer of said lot, also being on the Westerly line of a lot with parcel number 112-530-039 with the legal description being "The East half of the Northwest quarter of the Northeast quarter of the Northwest quarter Section 34-Township 9 North, Range 30 E.W.M., less a strip of land 30' in width along the South line of this property for road purposes, Less 10' PUD right-of-way which begins at NE corner and Except South along East Boundary 220"'; thence Southerly along the Westerly line of said lot with parcel number 112-530-039 to the Southwesterly corner of said lot; thence Easterly along the Southern line of said lot with parcel number 112-530-039 to the Southeasterly corner of said lot; thence Northerly along the Eastern line of said lot with parcel number 112-530-039 to a point being the Southwestern corner of a lot with the parcel number of 112-530-020 with the legal description being "The West half of the Northeast quarter of the Northeast quarter of the Northwest Quarter of Section 34, Township 9 North, Range 30 East W.M., EXCEPT the South 330 feet thereof, in Franklin County, Washington and 30' road easement along the South line Less 10' PUD right- of-way easement"; thence Easterly along the Southern line of said lot with parcel number 112- 530-020 to the Southeastern corner of said lot, also being on the Western line of a lot with parcel number 112-530-011 with the legal description being "The East half of the Northeast quarter of the Northeast quarter of the Northwest quarter, Section 34, Township 9 North, Range 30 E.W.M."; thence Southerly along the Western line of said lot with parcel number 112-530-011 to the Southwestern corner of said lot; thence Easterly along the Southern line of said lot with parcel number 112-530-011 to the Southeastern corner of said lot, also being 30-feet West of the North / South center line of said Section 34; thence Northerly along the Eastern line of the said lot with parcel number 112-530-011, also being 30-feet West of and parallel to the North/ South center line of said Section 34 to a point being 50-feet South of the North line of said Section 34; thence Easterly 50-feet South of and parallel to the North line of said Section 34 to the North / South center line of said Section 34; thence Northerly along the North / South center line of said Section 34 to the North quarter corner of Section 34, Township 9 North, Range 30 East, W.M., also being the True Point of Beginning. 5D927174,1 Exhibit B - 5 CERTIFICATION I, the undersigned, City Clerk of the City of Pasco, Washington (the "City'), hereby certify as follows: 1. The attached copy of Ordinance No. (the "Ordinance") is a full, true and correct copy of an ordinance duly passed at a regular meeting of the City Council of the City held at the regular meeting place thereof on August , 2008, as that ordinance appears on the minute book of the City; and the Ordinance will be in full force and effect five days after the publication of its summary in the City's official newspaper; and 2. A quorum of the members of the City Council was present throughout the meeting and a majority of those members present voted in the proper manner for the passage of the Ordinance. IN WITNESS WHEREOF, I have hereunto set my hand this day of August, 2008. CITY OF PASCO, WASHINGTON Debra L. Clark, City Clerk 50927174/ AGENDA REPORT NO. 41 FOR: City Council July 31, 2008 TO: Gary Crutch Manager Regular Mtg.: 8/4/08 Rick White, ector Z V-1 Community & conomic Development FROM: David I. McDonald, City Planner_ SUBJECT: Comprehensive Plan: Comprehensive Plan Update (MF#CP07-002) (City of Pasco I. REFERENCE(S): 1. Ordinance# 3866 2. Comprehensive Plan (Council Packets only) Note: Comprehensive Plan copies available in the Planning Office, the Pasco Library, or on the City's web page at www.Vasco-wa.gov for public review. 3. Beacon Development Land Use request letter II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: Conduct Public Hearing MOTION: I move to adopt Ordinance No. 3866 establishing a new Comprehensive Plan for the City of Pasco. III.FISCAL IMPACT: A. NONE IV.HISTORY AND FACTS BRIEF: A. The Growth Management Act (GMA) requires most cities in the State to develop Comprehensive Plans for guiding urban development. The City's original GMA plan was adopted by the City Council in August in 1995. The plan is required to be periodically updated. Pasco is on the 2007 cycle for plan update, and every seven years thereafter. B. The Planning Commission held hearings, in September of 2007 (Volume I) and January 2008 (Volume II), to review proposed updates to the plan and make a recommendation to the City Council. C. The Council reviewed the initial draft Comprehensive Plan in March of this year, and at the June 9, 2008 workshop, as well as the June 16, 2008 regular meeting. One additional workshop was held on July 14th V. DISCUSSION: A. After reviewing the draft Plan at the June 16th meeting, the Council tabled action on the draft Ordinance to allow additional time to address questions related to the critical areas map. Those questions were answered during the July 14th meeting with the help of a technical memorandum from Shannon & Wilson Consultants dealing with liquefaction. Shortly after the July 14t11 Council Workshop staff received a letter from Beacon Development (see Attachment #3) requesting a slight amendment to the proposed land use map in the area north of the Whittier Elementary School. Beacon Development recently built the new housing development (Tepeyac Haven) on 22nd Avenue and is in 7(b) the process of trying to site another development in Pasco. Beacon Development has requested that the land use designation north of the Whittier School be set aside for future mixed residential uses rather than just low density. Staff has reviewed this request and has determined that it does not materially alter the general intent of the Comprehensive Plan. The proposal directly supports a number of goals and policies of the plan related to housing. The proposal also provides a mixed density buffer area between the lower density land uses to the east and the commercial land uses to the west. In as much as the City Attorney has advised that the final adoption of the Comprehensive Plan requires a public hearing, the Council will have an opportunity to discuss the Beacon Development proposal prior to action on the proposed ordinance. In anticipation of Council action on this matter, staff has provided two land use maps for Council to consider. One map with a low density designation north of the Whittier School, and one map with a mixed residential designation. The proposed Ordinance repeals Ordinance No. 3104 which established the first GMA plan in 1995, and adopts a new plan for Pasco and the Urban Growth Area. ORDINANCE NO. 3866 AN ORDINANCE relating to comprehensive land use planning and adopting a new GMA Comprehensive Plan for the City of Pasco. WHEREAS, the Pasco City Council did on August 21, 1995 adopt by Ordinance No. 3104 a Comprehensive Plan for the City; and, WHEREAS, the Comprehensive Plan adopted under Ordinance No. 3104 was required by the State Growth Management Act (GMA) to be updated and readopted on a seven year cycle beginning on December 1, 2007; and, WHEREAS, the Planning Commission conducted a public hearing on September 20, 2007 and January 31, 2008 to recommend adoption of a new Comprehensive Plan for the Pasco Urban Growth Area; and, WHEREAS, in addition to public hearings and public workshops meetings neighborhood meetings were held to receive public input on the new Comprehensive Plan; and, WHEREAS, the new Comprehensive Plan was forwarded to the Office of Community Trade and Economic Development on January 18, 2008 for the required 60 day state review; and, WHEREAS,the 60 day review period ended on March 18, 2008 and, WHEREAS, the responsible official for the State Environmental Policy Act has determined the new Comprehensive Plan will not have a probable significant adverse impact on the quality of the environment; and, WHEREAS, the development regulations for the city have been reviewed for consistency with the new Comprehensive Plan and do not require any amendments except the critical lands ordinance which must be updated by December 1, 2008 as required by the GMA;and, WHEREAS, the City Council finds the Planning Commission's recommendation will aid the City in anticipating orderly and coordinated development within the city; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO DO ORDAIN AS FOLLOWS: Section 1. That Ordinance No. 3104 and any amendments thereto be and the same is hereby repealed. Section 2. That the Comprehensive Plan consisting of Volumes # I and # II as indicated in Exhibit # 1 attached hereto be and is hereby adopted as the Comprehensive Plan for Pasco and the Pasco Urban Growth Area. Section 3. That the existing development regulations of the City of Pasco do not require amendment at the time of adoption of this ordinance. Section 4. This ordinance shall be in full force and effect after passage and publication as required by law. PASSED by the City Council of the City of Pasco, this 4`t' day of August, 2008. Joyce Olson Olson, Mayor ATTEST: Sandy Kenworthy, Deputy City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney BEACON DEVELOPMENT GROUP 1221 East Pike Street, Suite 300 Seattle,WA 98122-3930 Tef:206.860.2491 July 21, 2008 Fax:206.860.2094 www.beacondevgroup.com David McDonald City Planner City of Pasco PO Sox 293 Pasco,Washington 99301 Dear Dave: Thank you for consideration of our request to change the designation of development uses to that of Mixed Residential in the area near the intersection of Spokane and Utah streets—see attached legal descriptions and photo of the area. We believe the request makes good sense. We have analyzed the surrounding uses and feel that a project similar to Tepeyac Haven will be a valuable addition to this neighborhood and the City of Pasco. And, we thought through the request and organized the information such that it could fit into the City's format for plan changes. Sincerely J�,,"V, John Schroeder Beacon Development Group Project Manager i CC: Paul Purcell w �I ~ w _ Qo N3AAO • .F TTT FFF- 0 3: 3 w BE aC o ]:E F E � z "3H3M 0 cw � w Lu w ' _ z w Q M < 0 1p In LL < �� 10 Ge LL c� Contact: Catholic Housing Services of Eastern Washington(by its development agent, Beacon Development Group) Contact's Address: CHSEW c/o Beacon Development Group / 1221 East Pike Street, Suite 300/ Seattle, WA 98122 Contact's Phone Numbers: Rob McCann, 509-358-4272 Monique Kolonko, 509-624-5133 Glori Houston, 509-624-5133 Paul Purcell, 206-860-2491, ext. 206, 206-478-4153 John Schroeder, 206-860-2491, ext. 215 206-919-5877 Legal Description of Property: see attached 1. Proposed Comprehensive Plan amendment: This proposed amendment concerns the Land Use Designations noted in the draft 2007-2008 plan. As shown in the draft plan, the area approximately five blocks to the east of Oregon and generally to the north of Whittier Elementary is designated for growth according to the development of uses allowed under the Low-Density Residential zoning classification. The 2007 zoning map shows this area under a Commercial zoning classification. Specifically, this amendment seeks designation of the areas within the legal description attached (generally around the intersection of Spokane and Utah) as Mixed Residential instead of the proposed Low-Density Residential or current Commercial zoning. 2. How will the proposed amendment advance and support the policies and goals of the Comprehensive Plan? The Comprehensive Plan identifies 7 Elements, all part of the State's Growth Management Mandate. The proposed amendment fits within these Elements and advances and supports specific policies and goals of the Comprehensive Plan(the proposed 2007-2008 Plan) in the following manner: Land Use Element: While this proposed amendment addresses general land use patterns and designations, it is worth noting that the applicant and its client, Catholic Housing Services of Eastern Washington, have developed one other property in the City of Pasco—Tepeyac Haven. This amendment would allow for the development of another project seeking to house Pasco's workforce. The goal (LU-1) and policy(LU- I-B) of increasing the quality of life within Pasco will be met by this proposed project as the owner has as a priority the enhancement of the community with high quality building materials, color variations within the project, and attractive landscaping. The goal (LU-2) of maintaining established neighborhoods and ensuring new neighborhoods are safe and enjoyable will be met with this proposed amendment. A Mixed Residential area would provide a transition zone between the C and R1 areas, anchoring new Residential uses forecast for the undeveloped area to the north of Whittier Elementary. This use reinforces the identity of the existing and new neighborhood, aligning with policy LU-2-A. As noted previously, the applicant's focus on high quality landscaping supports policy LU-2-1). The goal (LU-3) of reducing long-term energy consumption and creating community health will fit with this proposed amendment. The applicant proposes a project similar to that of the existing Tepeyac Haven which met LEED gold standards and benefited from working with the Franklin PUD. Policies LU-3-A, B, and E will be met with this amendment. The result will be a more dense area of residential occupancy close to schools and transportation. Housing Element: As stated, the applicant is seeking a general land use amendment. Specifically, the applicant is proposing this amendment for the purpose of developing affordable housing. This is applicable to the proposal in that Pasco and the Countywide Planning Policies acknowledge the need for affordable housing in the area and encourage the construction of affordable housing, "...particularly for low and moderate income segments of the population." The City endeavors to encourage housing for all economic segments of the population (H-1), strives to maintain a variety of housing consistent with the local and regional market (H-2), encourages housing design and construction that ensure long-term sustainability and value (H-4), and supports efforts to provide affordable housing to meet the needs of low and mid-income households in the area (H-5). Many of the specific policies supporting these goals will be met by a project such as that proposed by the applicant. In sum, a change to the Comp Plan will allow the applicant to develop a project that is located near arterials, community facilities, and employment areas (H-1-A). The location is such that access will not be through the lower density areas to the south and east of the site (H-1-B) but rather from Spokane Street. As with the applicant's Tepeyac Haven project, the affordability to renters will allow for savings and support services for residents, encouraging eventual home ownership potential from the population(H-1-E). The creation of a higher density project in this area will encourage diversity in housing types in the area (H-2-A) while providing character and variety (H-4-A). As with Tepeyac Haven, the proposed development will be of appealing quality (H-5-A) and located such that it blends in with the neighborhood, not creating a monotonous landscape of stereotypical affordable housing (H-5-C). Ca ital Facilities Utilities and Transportation Elements: While this amendment is not specific to these elements, it is worth noting that proposed amendment and project itself reinforce the goals and policies within the Comprehensive Plan. Namely, the area is well served with existing utilities and transportation. The City and/or developer would be able to capitalize on existing services by making this a Mixed Residential area. 3. How will the proposed amendment advance the health, safety and general welfare of the community? Many of the benefits of this amendment are stated above and align perfectly with the City's Comprehensive Plan (proposed 2007-2008). As such, the welfare of the community as forecast in this Plan and proposed in this specific amendment fit hand- in-hand. The creation of an area of Mixed Residential serves as anchor for future quality development in the area and as a transition between higher and lower intensity land use types in area. In sum, the land use patterns envisioned by the City favor and encourage the type of development proposed by the applicant and sought in this application. The example of Tepeyac Haven makes the best case for how this proposal will advance the health, safety and general welfare of the community. Tepeyac (again -a similar project is envisioned by the applicant if allowed under the Comp Plan) has been well received by the Pasco community with a significant wait list(hundreds of families), a clean and quality appearance, affordable housing in an area that needs it for its burgeoning workforce population, and a neighborhood anchor in what was an area in transition. The local police mini-station has told the owner of the significant change in the area since Tepeyac's development. We envision acceptance of this Comp Plan proposal will allow for creation of another development that will benefit the Pasco community. AGENDA REPORT FOR: City Council July 29, 2008 TO: Gary Crutch a Manager FROM: Stan Strebel, ministrative and Community Workshop Mtg.: 7/28/08 Services Director r�� Regular Mtg.: 8/4/08 SUBJECT: Code Enforcement Civil Violation Penalties I. REFERENCE(S): 1. Proposed Ordinance Amending PMC Chapter 11.02, "Civil Infractions" 2. Proposed Ordinance Amending PMC Chapter 3.07 "Fee Summary" H. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 7/14: Discussion 7121: Motion: I move to adopt Ordinance No._amending PMC Section 11.02.050, "Notice of Civil Violation"and 11.02.060 "Hearing Before the Code Enforcement Board"and authorize the publication by summary only. Motion: I move to adopt Ordinance No._amending PMC Section 3.07.070, "Code Enforcement Program"and authorize the publication by summary only. III. FISCAL IMPACT: TV. HISTORY AND FACTS BRIEF: A) The Pasco Municipal Code provides for increasing monetary penalties as an incentive for early abatement of code violations. While this approach is generally effective, in some cases it has not proven to be practical. In extreme cases, with penalties accruing at a rate of$500 per day, after 5 days, penalty levels may grow to be unreasonable, and, with no defined amount,unmanageable. B) To overcome these problems, City Finance staff has been limiting accruing penalties to 10 days in order that a defined amount may be sent for collection and so that the amounts do not grow unreasonably. As this practice seems reasonable and practical, staff proposes to amend the code for consistency. Also, as the Code Board has the discretion to set the daily penalty depending in circumstances, staff proposes to eliminate the schedule for penalties thereby allowing the Board the freedom to set penalties as needed. C) Further, the City has heretofore relied on filing liens upon the real property for securing of penalty amounts owed This method has not been effective due to the size of the liens (compared to other more senior liens)and also due to time constraints on foreclosures. D) With the limit on penalties set at $5,000, the City will be able to pursue these matters in Small Claims Court where a judgment could be attached to the real property through Superior Court action and satisfied upon sale or refinancing with no further action on the part of the City. In the alternative, the City could also assign unpaid accounts to a collection agency for similar action in District/Superior Court.. Note: As a result of discussion at the meeting of July 28, staff has revised the Ordinance to provide for the maximum penalty to be expressed in financial terms ($5,000) as opposed to number of days (formerly 10 days). E) Staff recommends approval of the two ordinances to improve the collection process. 8(a) ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington. amending Pasco Municipal Code Title 11 "Civil Infractions," Section 11.02.050 "Notice of Civil Violation — Monetary Penalty" and Section 11.02.060 "Hearing Before the Code Enforcement Board". WHEREAS, the City Council of the City of Pasco has determined that certain amendments regarding civil infractions are warranted; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON,DO ORDAIN AS FOLLOWS: Section 1. That Pasco Municipal Code Section 11.02.050 "Monetary Penalty" is amended to read as follows: (5) Monetary Penalty. The maximum monetary penalty for each separate violation per day or portion thereof shall be as€ellews= set forth in Chapter 3.07 of this code. ; ; (e) T44d day of earoh,.491mien $300.00; ; (6) Continued Duty to Correct. Payment of the monetary penalty does not relieve the person to whom the Notice of Civil Violation was issued of the duty to correct the violation. (7) Collection of Monetary Penalty. (a) The monetary penalty constitutes a personal obligation of the person to whom the Notice of Violation is directed. Any monetary penalty assessed must be paid to the City of Pasco within 10 calendar days from the date of mailing of the Code Enforcement Board's decision or a notice from the City that penalties are due. (b) The City Manager or his/her designee is authorized to take appropriate action to collect the monetary penalty. (e) in addition to the remedies pravided abeve, the menetaff pe"ty shall 69astitute a lien upefl. ;,aa,7 by law f F l;a..S_fO labor ,ra .. ater-ials(RCW 60 04) (Ord. 3190 Sec. 1, 1996.) Section 2. That PMC Section 11.02.060(4)(c)(iii) is hereby amended to read as follows: (iii) The Code Enforcement Board may double the daily monetary penalty schedule if the violation is a repeat violation. In determining the amount of the monetary penalty for repeat violations the Code Enforcement Board shall consider the factors set forth in Section 11.02.060(4)(c)(i). Section 3. This ordinance shall take effect upon publication as provided by law. PASSED by the City Council of Pasco at a regular meeting this 4th day of August, 2008. Joyce Olson, Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy, Deputy City Clerk Leland B. Kerr, City Attorney ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington amending Pasco Municipal Code Chapter 3.07 "Fee Summary," Section 3.07.070 "CODE ENFORCEMENT PROGRAM." WHEREAS, the City Council of the City of Pasco has determined that certain amendments regarding penalties for code violations are warranted; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON,DO ORDAIN AS FOLLOWS: Section 1. That Pasco Municipal Code Section 3.07.070, "CODE ENFORCEMENT PROGRAM" is amended to read as follows: 3.07.070 CODE ENFORCEMENT PROGRAM: A) PMC Violations: Fee/Charee Reference I The maximum monetM penalty for each $500.00 11.02.050(5) separate violation per day or portion thereof(to a maximum of$5,000). 4) Est Day O€Vielat}en—)zex X1-09:00 44-.02-.0-50 -2) Seeand Day e€-Violution Texay i W)20.050 �J 11.0ra 020500 4) Fein Day of Vielation P $400.00 i n ���0 sue.) Eae ddh Day Be yan Fetif rays $509.08 i i rn 050 aruvar u�sv �—pz-p�p 6YZ) Repeat Violation Doubled daily 1 1.02.050060 4 monetary penalty (Ord. 3543, 2002) Section 2. This ordinance shall take effect upon publication as provided by law. PASSED by the City Council of Pasco at a regular meeting this 4th day of August, 2008. Joyce Olson, Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy, Deputy City Clerk Leland B. Kerr, City Attorney AGENDA REPORT TO: City Council July 31, 2008 FROM: Gary Crutchf y anager Regular Mtg.: 8104108 SUBJECT: Noise Violatio I. REFERENCE(S): I. Proposed Ordinance 2. PMC Section 9.61.020 "Public Disturbance Noise Prohibited" II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 8/4: MOTION: I move to adopt Ordinance No. , amending Section 9.61.060 "Violations," increasing the penalty for subsequent noise violations and, further, authorize publication by summary only. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) The City Council recently discussed the possibility of amending the noise ordinance to permit impound of vehicles associated with loud noise violations (boom-box, etc.). The impound concept has been used in Illinois for noise violations but the City Attorney could not find another city in Washington that has used the impound authority in relation to noise violations. Council requested staff provide information as to how the current fine system is used by the court before deciding whether or not to further consider the impound option. B) Over the past three years, the Police Department has issued 672 citations for noise violations (most involve vehicles). In 2007, a total of 228 citations were handled by Municipal court; of those, three were dismissed. The remaining 225 cases resulted in 152 "full fine" decisions ($250) while 54 cases received partial fine of $50 (the remaining 19 were somewhere in between). This year through June, 76 of the 110 citations have been adjudicated; 54 received the"full fine" of$250 and 17 received the "partial fine" of$50 (five others in between). In summary, about 70 percent of citations result in the maximum fine of$250. V. DISCUSSION: A) It is apparent that despite the court's use of the maximum penalty, the noise violations continue to occur at a substantial level. Certainly, resident complaints continue. Council has a few choices: • Amend the Ordinance to require the $250 fine in every instance (or increase the fine, also); • Direct the Police Department to undertake an "emphasis campaign' for vehicle noise violations (similar to the"Click-It-Or-Ticket-It" campaign); • Amend the Ordinance to add the impound authority; Do nothing. B) Council discussion on 7/28 concluded the preferred action to be an increased penalty (fine) for "repeat offenders." The City Attorney has drafted an ordinance providing for an increased penalty(at least $250, not more than $500) for a repeat offense within a two-year period. 8(b) ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington, Amending Section 9.61.060 "Violations" Increasing the Penalty for Subsequent Noise Violations WHEREAS, the City has had a long standing prohibition against the broadcast of loud music from vehicles within the City which has created a nuisance to other users of the public right-of-ways and adjacent owners; and WHEREAS, the existing remedy has proven not to be sufficiently effective to deter this continuing violation; and WHEREAS, the City Council finds that repeat violations require a greater penalty to deter further violations, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTO, DO ORDAIN AS FOLLOWS: Section 1. That Section 9.61.060 entitled "Violations" of the Pasco Municipal Code, shall be and hereby is amended and shall read as follow: 9.61.060 VIOLATIONS. Any person found to be in violation of the provisions of this chapter shall be deemed to have committed a civil infraction and for each violation shall be subject to a civil penalty not to exceed $250, as the exclusive penalty without the imposition of incarceration. Each day that the violation continues shall be deemed a separate violation subject to the maximum fine of $250. Any person found to be in violation of the provisions of this chapter for two or more offenses within a two 2 year period, shall be subject to an enhanced penalty of not less than $250, but not more than $500,, (Ord. 3591 Sec.1, 2002; Ord. 2665 Sec.1, 1987.) 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 4a' day of August, 2008. Joyce Olson, Mayor ATTEST: APPROVED AS TO FORM: Debbie Clark, City Clerk Leland B. Kerr, City Attorney J) "Receiving Property" means real property within which the maximum permissible noise levels specified herein shall not be exceeded from sources outside such property. K) "Sound Level Meter" means a device which measures sound pressure levels and conforms to Type 1 or Type 2 as specified in the American National Standards Institute Specification S1.4.1971. (Ord. 3591 Sec. 1, 2002.) 9.61.020 PUBLIC DISTURBANCE NOISE PROHIBITED. No person, whether or not that person is in actual possession of the noise source, shall create, continue, or cause to be created or continued, or allow to be created or continued, any public disturbance noise. "Public disturbance noise" means any sound which: A) Is specifically included in, but not limited to, those listed in subsection C; or B) That unreasonably disturbs or interferes with the peace, comfort and repose of owners or occupants of real property and causes a noise complaint to be reported by two or more persons occupying separate residences neither of which residence is within the same property boundary; C) Public disturbance noises for the purposes of this section shall include, but shall not be limited to, the following specified sounds and are also subject to regulation under the provisions of Section 9.61.030 of this chapter: 1) Any sound made by the use of a musical instrument, whistle, sound amplifier, juke box, radio, television, or other similar device which emanates from a building, structure, or property between the hours of 10:00 p.m. and 7:00 a.m. and is received within a residential district. 2) Any sound made by the unamplified human voice which emanates from a building, structure or property between the hours of 10:00 p.m. and 7:00 a.m. and is received within a residential district. 3) Frequent, repetitive or continuous sounds made by any animal, which emanates from a building, structure, or property and is received within a residential district. 4) Any sound made by the discharge of exhaust gases from an internal combustion engine except through a muffler. 5) Any sound made by the operation of any motorcycle, motorbike, off-road or terrain vehicle in the city on any property not a part of the street system of the City when such motorcycle, motorbike, off-road or terrain vehicle does not conform to the muffler standards required for operation on the public streets. 6) Any sound made by a horn or other similar signaling device attached to a motor vehicle except when reasonably necessary to insure safe operation as permitted in RCW 46.37.380. 7) Any sound made by a loud speaker or sound amplifier exterior to any building for commercial advertising or sales purposes or for attracting the attention of the public to any performance, show or other event. PMC Title 9 11/06/2006 75 8) Any sound which is audible at any school, other institution of learning, court, hospital, nursing, or convalescent facility, or other area where exceptional quiet is necessary; provided, signs are displayed in adjacent or contiguous streets indicating that the area is a quiet zone. 9) Any sound made by the construction, excavation, repair, demolition, destruction, or alteration of any building, property or upon any building site between the hours of 10:00 p.m. and 7:00 a.m. and is received within a residential district. 10) Any sound made by operating or permitting the operation of any mechanically powered saw, drill, sander, grinder, lawn or garden tool or air conditioner, fan or blower, or similar device used in residential areas between the hours of 10:00 p.m. and 7:00 a.m. the following day so as to cause a noise disturbance across a residential boundary. 11) Any sound made by speaker sound amplifier or motor vehicle audio system exterior to the passenger sitting compartment of a motor vehicle on a public street or highway (anywhere within the right-of-way thereof) of a commercial radio station broadcast, or music from an audio tape cassette, compact disc, or other recording medium. �—�► 12) Any sound from a motor vehicle audio system such as tape players, radios, and compact disc players, operated at a volume and under conditions, so as to be audible greater than seventy-five (75) feet from the vehicle itself. 13) Any sound from portable audio equipment, such as a radio, tape player or compact disc player, which,is operated at such a volume so as to be audible at a distance of seventy-five (75) feet or more from the source of the sound. (Ord. 2775 Sec. 1, 1990; Ord. 2735 Sec. 1, 1989; Ord. 2665 Sec. 1, 1987.) 9.61.030 MAXIMUM PERMISSIBLE ENVIRONMENTAL NOISE LEVELS. A) Designation of Zoned Areas. The EDNA (Environmental Designation For Noise Abatement) is hereby established as follows: 1) Residential zones - Class A EDNA. 2) Commercial zones - Class B EDNA. 3) Industrial zones - Class C EDNA. B) Maximum Noise Levels: 1) No person shall cause or permit noise to intrude into the property of another person which noise exceeds the maximum permissible noise levels set forth below in this section. a) The noise limitations established are as set forth in the following table after any applicable adjustments provided for herein are applied: EDNA OFEDNA OF NOISE SOURCE RECEIVING PROPERTY Class A Class B Class C PMC Title 9 11/06/2006 76 AGENDA REPORT NO. 32 FOR: City Council DATE: July 29,2008 WORKSHOP: 7/28/08 TO: Gary Crutchfiel ager REGULAR: 8/4/08 Rick White, Dir I / Community& E onomic Development FROM: Angie Pitman, Block Grant Administrator Community& Economic Development SUBJECT: 2008 Community Development Block Grant Program Allocations and Annual Work Plan Amendment I. REFERENCE(S): A. 2008 CDBG Fund Summary and Proposal Summary B. Planning Commission Minutes July 17, 2008 C. Resolution Amending 2008 Allocations and Annual Work Plan II. ACTION RE UESTED OF COUNCI JSTAFF RECOMMENDATIONS: 7/28/08: DISCUSSION 8/4/08; MOTION: I move to approve Resolution No. amending the City's 2008 CDBG Allocations and Annual Work Plan. III. FISCAL IMPACT At the September 17, 2007 regular meeting of the Pasco City Council, Resolution 3042 was passed approving the 2008 Community Development Block Grant Allocations and Annual Work Plan for activities totaling $755,646. Changing community needs created the need for revision to the 2008 Annual Work Plan for a net increase in the annual budget of$40,000. The revised total is $795,646. IV. HISTORY AND FACTS BRIEF: A. On April 1, 2008 Pasco's Consolidated Plan Action Plan was approved for Program Year 2008. Since the adoption of the 2008 Annual Action Plan, community needs have changed creating the need for three additional projects. A summary of requests for 2008 CDBG funds is attached in Exhibit A B. Three previously approved activities were reduced by $87,500 and the funds reprogrammed to the three new projects and $40,000 reallocated from prior year activities recently closed out. This constitutes a significant change to the Annual Action Plan and requires a 2008 Annual Action Plan revision be submitted in accordance with HUD guidelines. V. DISCUSSION A. Staff presented recommendations for funding at the Pasco Planning Commission Meeting of July 17, 2008; minutes are attached as Exhibit B. B. The Planning Commission recommends approval of staff funding recommendations as presented in the proposed resolution amending 2008 Allocations and Annual Work Plan attached as Exhibit C. 8(c) Attachment 1 2008 CDBG Fund Summary - July 28, 2008 Exhibit A Planning Commission Meeting Reallocate-Carryover Attachment 1 Page 1 ACTIVITY ACTIVITY/AGENCY HUD REALLOCATE Reallocate NAME PY ID FUNDING CARRY OVER 2009 2008 City of Pasco-Public Works East Lewis Sidewalks 2004 202 $ 50,000.00 $50,000.00 East Pasco Underground City of Pasco-Public Works Powedines 2004 213 $ 52 000.00 $52,000,00 City of Pasco-Community& Downtown Fagade Economic Development Improvement 1fa ade 2005 217 $ 2,939.34 2,939.34 Pasco Economic Development Economic Develo ment 2005 219 $ 100 000.00 $1001000.00 City of Pasco-Administrative &Community Services Volunteer Park Upgrade 2006 229 A 20 311.95 $ 18 294.69 $2,017.26 City of Pasco-Community& Downtown FaQade Economic Development Improvement 2 fa des 2006 231 $ 4Q 000.00 $40,000.00 City of Pasco-Community& Economic Develo meet Pro ram Administration 2007 233 $ 30 693.14 $ 51693.14 $ 25 000.00 City of Pasco-Administrative & Community Services Public Services 2007 234 $ 2.916.67 $2,916.67 City of Pasco-Administrative &Community Services Public Services 2007 235 $ 2,916,67 $2.916.67 City of Pasco-Administrative &Community Services Public Services 2007 239 $ 2604.17 $2,604-17 City of PasLDevelo mmunity& Downtown Fagade Economic meat lm rovement 2-4 fa ades 2007 238 $ 40 000.00 $4000000 Catholic Family Volunteer Catholic Family Volunteer Chore Services Chore Services 2007 239 $ 19 178.33 $ 4.178-33 $ 15 000 00 Boys&Girls Center Roof Bo s&Girls Club Re lacement 2007 242 24 174.52 $ 24 174.52 City of Pasco-Administrative Martin Luther King &Community Services Renovation 2007 243 37,445.80 $ 25 000.00 $ 12 445.80 City of Pasco-Public Works Handicap Rams 2007 244 $ 536.94 $536.94 $536.94 425 717.53 $120079.95 $266174.52 $40 000.00 FY 2009 Entitlement(Estimated) $ 600,000 2009 Program income (Estimated) $ 10,000 Reallocations $ 266,175 Total Funds Available $ 876,175 $ 40,000 7/23/2008 Attachment 2 Page 1 CITY OF PASCO 2008 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AMENDMENT 1 - PROPOSAL SUMMARY 1. Program Administration ($105.,000) CDBG funds are used to plan, administer and deliver housing and community needs, ensure compliance with local, state and federal rules, regulations and laws, and provide for the successful delivery of programs that primarily benefit low to moderate income people. 2. Civic Center -Youth Recreation Specialist ($33,000) CDBG funds are used to provide for a recreation specialist at the Youth Civic Center. This facility's program is to provide recreation programs for youth at risk covering several low-to-moderate income Census Tract(202). 3. Martin Luther King Community Center Recreation Specialist ($33,000) This facility's program is coordinated with the YMCA, Salvation Army and Campfire USA, who all collaborate to provide education and physical activities to school age children Census Tract (201). 4. Senior Citizen's Center Recreation Specialist ($20,000) CDBG funds are used to provide for a recreation specialist at the Senior Center. This facility's program is to provide services, recreational, and social activities for the elderly and disabled Census Tract(201, 202, 203 & 204). 5. Pasco Downtown Development Commercial Kitchen ($50,000) CDBG funds are used to continue operations of Commercial Incubator Kitchen which will support small businesses, the Farmers Market and provide jobs for low to moderate income persons in Pasco (Census Tract 202). 6. Downtown Facade Improvement (1 facades) ($84,939) CDBG funds are used to support business to continue downtown fagade improvements (3) (Census Tract 202). 7. Catholic Family Volunteer Chore Services (4) ($8,179) CDBG funds are used to provide minor household repairs and wheelchair ramps for low to moderate income households (City-wide). 1 Attachment 2 Page 2 CITY OF PASCO 2008 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AMENDMENT 1 - PROPOSAL SUMMARY 8. Ener2y Efficient Home Program 10 households ($20,000) Provide 10 low-income households with improvements to their property at an affordable cost, including health/safety codes and energy effiency standards improvements (City-wide). 9. Code Enforcement Officer ($48,000) CDBG funds are used to provide for a code enforcement officer to help improve neighborhood appearance and for compliance with rules and regulations dealing with homeowner needs in primarily low to moderate income neighborhoods (Census Tracts 201, 202, 203 and 204). 10. Tri-County Habitat for Humanity (Not funded) 11. Boys & Girls Club -Mainbranch Gamesroom Renovation ($140,000) Interior renovation project of main branch facility games room. Eliminate 1,000 square feet of hallway space in which youth are currently unsupervised. Increased games room size will allow for increased recreational and educational program opportunites (Census Tract 204). 12. Martin Luther Kins Community Center-Drainage Improvements ($50,000) Storm water flooding damages facility and renders part unusable at times. Installation of storm water drainage system around building will protect facility to avoid interruption of services provided to low-moderate income persons (Census Tract 201). 13. Peanuts Park Restroom Uaerade ($43,156) Replace restroom facility in Peanuts park with code compliant and ADA acessible facility (Census Tract 201 and 202). 14. Volunteer Park -Restroom Accessibility Uperades ($120,000) Extend pathway for enhanced accessibility, construct picnic pavilions resurface deteriorating parking lot (Census Tract 202). 2 Attachment 2 Page 3 CITY OF PASCO 2008 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AMENDMENT 1 - PROPOSAL SUMMARY 15. CHIP Minor Rehab Program (4 households) ($37,500) Provide 4 low-income households with improvements to their property at an affordable cost, including health/safety codes and energy effiency standards improvements (Census Tract 202). 16. LID Assistance ($50,000) Provide funding to pay special assessment for ULID #143 for low-income households. 17. Kurtzman Park Nei hborhood Improvement ($40,000) Provide funding for planning and design for neighborhood improvement project (Kurtzman Park)—Phase I in 2009-2010. 3 Exhibit B REGULAR MEETING JULY 1 7, 2008 PLANNING COMMISSION MEETING WORKSHOP: A. CDBG 2008 Community Development Block Grant (CDBG) Annual Action Plan Amendment (City- Wide) (MF# CDBG 08-003) Chairman Samuel asked staff for a report. Angie Pitman, Community Development Block Grant Administrator, explained that the 2008 Annual Action Plan was approved last year and since then community needs have changed creating the need for a revision. Three new projects were created by reallocating funding from three 2008 activities and from surplus funds not used for 2009 Annual Action Plan Activities. Chairman Samuel asked if any applicants who had not received funding as requested in the 2008 Annual Action Plan cycle had been contacted for these additional monies. Angie Pitman explained that whenever a significant change is made to the Annual Action Plan, the requirement per the Consolidated Plan was to bring the proposed change before the Planning Commission, and obtain City Council approval. The proposed change is then made available for public comment for 30 days prior to submission to HUD for approval. The recipient is granted some flexibility in administering CDBG funds. Citizen Participation requirements were met during formation of the plan. Commissioner Kempf moved that the proposed Resolution and Exibit A, amending the 2008 Annual Action Plan be recommended to City Council for Action. Commissioner Hay seconded, motion carried unanimously. - 1 - Exhibit C RESOLUTION NO. A RESOLUTION amending the Program Year 2008 Community Development Block Grant Allocations and Annual Work Plan. WHEREAS, The City annually receives an entitlement of funds from HUD and budgets those funds according to program rules and community needs; and WHEREAS, staff has previously prepared the Program Year 2008 Annual Action Plan for activities totaling $755,656 based on an estimated grant award; and WHEREAS, since the adoption of the 2008 Annual Action Plan community needs have changed creating the need for a revision; and WHEREAS, the City Council has reviewed the proposed revision as shown in Exhibit "A" attached hereto; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES RESOLVE AS FOLLOWS: Section 1. That the Pasco City Council hereby amends the Community Development Block Grant Annual Work Plan for the 2008 program year is hereby revised as indicated in the Exhibit "A" attached hereto: PASSED by the City Council of the City of Pasco this day of , 2008. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy Leland B. Kerr Deputy City Clerk City Attorney C) o o ^ o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 °o o° 5 0 o o• CD 0 o a o 0 0 0 0 o c o 0 0 0 U ds sus os O EA F,s 64 b4 sk c� Gf3 EA 0 0 0 0 0 0 Ln o 0 0 z o o m r�q �64 64 '604 o 0 0 0 0 0 0 0 0 0 0 0 �c 0 0 0 0 0 ? o0 0000000 00tno0o 00 0 Q 3 o ri ri o o N 0 00 0 o m O M M N v1 fV I�t "Zr kn N CM v) "Zt Vi � kn � C � O bR fA Q > Q boC) 00000000000 00 0000000 CD a) 0 ol Q ° 0 0 0 n o ` O CA "T O 00 O O M O kn O M M N kn N d Ln 00 110 110 �3 n y kn O O kn 0. C CJ O 0 os 94 N y0 3 O N U Cd pq u 00 0 0 E o a� ✓ cc M m u v r� 0 3 U _c a� r Qti fA a� O O tl, s CA e c� _� CM ca mo I-Rte, o 0 0 0 Q U ° ? O w I F S c a� 'o x � � D o ` '�_ v O to = = s .. O U l- 00 Q, O N M .4 v1 n v cv v v ,� •-- N M eh V•1 �O AGENDA REPORT NO. 31 FOR: City Council DATE: July 29, 2008 WORKSHOP: 7/28/08 TO: Gary Crutchfi anager� REGULAR: 8/4/08 Rick White, Di or ((GG Community& or Development Department FROM: Angie Pitman, Block Grant Administrator Community& Economic Development SUBJECT: 2009 Community Development Block Grant Proeram Allocations and Annual Work Plan I. REFERENCE (S): A. 2009 CDBG Fund Summary and Proposal Summary B. Planning Commission Minutes June l9,2008 and July 17, 2008 C. Resolution Approving 2009 Allocations and Annual Work Plan II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 7/28/08: DISCUSSION 8/4/08: MOTION: I move to approve Resolution No. ,approving the City's 2009 CDBG Allocations and Annual Work Plan. III. FISCAL IMPACT It is estimated that a total of $876,175 will be available for use in meeting the goals of the Community Development Block Grant (CDBG) 2009 Annual Work Plan. This estimated combined total is from the following sources; an estimated entitlement grant of approximately $600,000 from the U.S. Department of Housing and Urban Development, program income estimated at $10,000, and reallocations totaling $266,175. Surplus funds totaling $25,000 are recommended to be reallocated for amended 2008 Annual Action activities. In the event of a funding shortfall, funding for program activities will be reduced in accordance with HUD guidelines. IV. HISTORY AND FACTS BRIEF: A. A Request for Proposals for 2009 CDBG Program Year Funds was published in the Tri- City Herald and La Voz Hispanic newspapers. Thirteen (13) proposals for projects were received totaling $921,684. Approximately $851,175 is for funding 2009 activities. A summary of requests for CDBG funds is attached in Exhibit A. B. All proposed activities are eligible for funding under U.S. Housing and Urban Development Department regulations. HUD regulations state that the amount of CDBG Funds obligated within a program year to support public service activities may not exceed 15%of the total entitlement plus prior year program income. C. The Planning Commission held a Public Hearing on June 19, 2008 and July 17, 2008. The public hearing, which was advertised in the Tri-City Herald and La Voz Hispanic Newspapers in English and Spanish, solicited public comment either for or against any application for funding, or reallocation for the City of Pasco 2009 Community Development Block Grant (CDBG) Program. At the public hearing twelve (12) presentations were made relating to proposed activities. Meeting minutes are attached in Exhibit B. V. DISCUSSION A. Staff presented recommendations for funding at the June 19, 2008 and July 17, 2008 Pasco Planning Commission meetings. The Planning Commission recommends approval of staff funding recommendations as presented in the proposed Resolution Approving 2009 Allocations and Annual Work Plan attached as Exhibit C. 8(d) Attachment 1 2009 CDBG Fund Summary -Aug 4, 2008 Exhibit A Planning Commission Meeting Proposals-Recommendations Attachment 1 Page 1 ACTIVITY/AGENCY CDBG NonCDBG FUNDS STAFF PLANNING ID Recipients COMMISSION NAME REQUEST Contribution RECOMMEND RECOMMEND City of Pasco-Community 1 1&Economic Development Program Administration $110,000,00 $0.00 $110,000.00 $110,000.00 City of Pasco- Administrative& Civic Center-Youth 2 C Services Recreation Specialist $37,50000 $43,500.00 $30,000.00 3 lCity of Pasco- Martin Luther King Administrative& Community Center CommunityServices Recreation S cialist $37,500-00 $96,500.00 $30,000.00 $30,000-00 City of Pasco- Administrative& Senior Citizen's Center 4 Community Services Recreation Specialist $37,500,00 $200,000,00 20000-00 $20,000.00 Pasco Downtown Pasco Downtown Development Association- Development Commercial 5 SK Kitchen $65 000.00 $34,000.00 $65,000.00 $65,000.00 City of Pasco-Community Downtown Facade 6 &Economic Develo ment Improvement 4 fa ades 80 000.00 $20,000.00 $80 000.00 $80,000.00 Catholic Family&Child Catholic Family Volunteer 7 Services-Pasco Chore Services 4 $4,000.00 $117,614.00 $4,000.00 $4,000.00 Benton Franklin CAC- Energy Efficient Home 8 Home Energy Program 10 households $20,000-00 $20,000.00 $20,000-00 $20,000-00 Habitat for Humanity Tierra Tri-County Partners, Vida Project Support(12 9 Habitat for Humanity Homes) $32,184.00 $1,152,000.00 $0.00 $0.00 Boys&Girts Club of Program Space Benton&Franklin Expansion,Safety 10 Counties Enhancement $50,000-00 $5,00&00 $50 000.00 $50 000.00 City of Pasco- Martin Luther King Administrative& Community Center-South 11 Community Services End G m Remodel $100,000.00 $0.00 $100,000.00 $100,000.00 City of Pasco-inspection 12 Services Code Enforcement Officer W,000.00 $17,025.00 W,000-00 $48,000.00 Kurtzman Park City of Pasco-Public Neighborhood 13 Works Improvement $300,000.00 $1,500,000-00 $294,175.00 $294,175.00 921,684.00 $3,205,639.00 851 175.00..1 ..$851,175.00 FY 2009 Entitlement(Estimated) $ 600,000 2009 Program income(Estimated) $ 10,000 Reallocations $ 266,175 Total Funds Available $ 876,175 Proposals Recommended $ 851,176 SURPLUSIDEFICIT $ 25,000 7/3012008 Attachment 1 2009 CDBG Fund Summary - Aug 4, 2008 Attachment 1 Planning Commission Meeting Page 2 Reallocate-Ca rryover ACTIVITY/AGENCY HUD REALLOCATE ACTIVITY NAME PY ID FUNDING CARRY OVER 2009 City of Pasco-Public Works East Lewis Sidewalks 2004 202 50 000.00 $50,000.00 East Pasco Underground City of Pasco-Public Works Powerlines 2004 213 $ 52 000.00 $52,000.00 City of Pasco-Community& Downtown Fagade Economic Development Improvement(1facade) 2005 217 $ 2,939.34 $ 2,939.34 Pasco Economic Development Economic Development 2005 219 $ 100 000.00 $100,000-00 City of Pasco-Administrative &Community Services Volunteer Park Upgrade 2006 229 $ 20 311.95 $20,311.95 City of Pasco-Community& Downtown Fagade Economic Development Improvement 2 facades) 2006 231 40 000.00 $40,000-00 City of Pasco-Community& Economic Development Program Administration 2007 233 $ 30 693.14 $30,693.14 City of Pasco-Administrative &Community Services Public Services 2007 234 2,916.67 $2,916,67 City of Pasco-Administrative &Community Services Public Services 2007 235 1 2,916.67 $2,916.67 City of Pasco-Administrative &Community Services Public Services 2007 239 2,604.17 $2,604.17 City of Pasco-Community& Downtown Facade Economic Development Improvement 2-4 fa des 2007 238 $ 40 000.00 $40,000.00 Catholic Family Volunteer Catholic Family Volunteer Chore Services Chore Services 2007 239 19 178.33 $ 4,178.33 $ 15,000-00 Boys&Girls Center Roof Boys&Girls Club Replacement 2007 242 $ 24 174.52 24,174. 2 City of Pasco-Administrative Martin Luther King &Communitv Services Renovation 2007 243 $ 37 445.80 $ 12 445.80 25 000.00 City of Pasco-Public Works Handicap Rams 2007 244 536.94 $536.94 $ 425 717.53 $159,543.01 $266,174-5 FY 2009 Entitlement(Estimated) $ 600,000 2009 Program Income(Estimated) $ 10,000 Reallocations $ 266,175 Total Funds Available $ 876,175 7/30/2008 Attachment 1 2009 CDBG Fund Summary - Aug 4, 2008 Attachment 1 Planning Commission Meeting Page 3 Public Service Cap ID ACTIVITY ACTIVITY!AGENCY CDBG NonCDBG FUNDS CARRY OVER STAFF NAME REQUEST RECOMMEND Contribution City of Pasco- Administrative& Civic Center-Youth 2 lCommunity Services Recreation Specialist $37,500.00 $42,500.00 $3,125.00 $30,000.00 City of Pasco- Martin Luther King Administrative& Community Center 3 Community Services Recreation Specialist $37,500.00 $89,200.00 $3,125.00 $30,000.00 City of Pasco- Administrative& Senior Citizen's Center 4 Community Services Recreation Specialist $37,500.00 $191,250.00 $2,416.66 $20,000.00 $112,500.00 J $322,950.00 $8,666.66 $80 000.00 FY 2009 Entitlement(Estimated) $ 600,000 2008 Program Income (Actual) $ 12,914 Total Funds Subject to Public Services Cap $ 612,914 Public Services Cap 15% $ 91,937 Public Services Recommended 14% $ 88,667 7/30/2008 Attachment 2 CITY OF PASCO 2009 COMMUNITY DEVELOPMENT BLOCK GRANT PROPOSAL SUMMARY—JULY 28, 2008 1. Program Administration ($110,000) CDBG funds are requested to plan, administer and deliver housing and community needs, ensure compliance with local, state and federal rules, regulations and laws, and provide for the successful delivery of programs that primarily benefit low to moderate income people. 2. Civic Center-Youth Recreation Specialist($30,000) CDBG funds are requested to provide a portion of the salary and benefits for recreation specialist at the Youth Civic Center. This facility's program is to provide recreation programs for youth at risk covering low-to-moderate income Census Tract (202). 3. Martin Luther King Community Center Recreation Specialist ($30,000) CDBG funds are requested to provide a portion of the salary and benefits for recreation specialist at the Martin Luther King. This facility's program is coordinated with the YMCA, Salvation Army and Campfire USA, who all collaborate to provide education and physical activities to school age children and youth in Census Tract (201). 4. Senior Citizen's Center Recreation Specialist ($20,000) CDBG funds are requested to provide a portion of the salary and benefits for recreation specialist to oversee and operate program at Pasco's senior center. This facility's program provides supervision and leadership necessary for programs serving the elderly with support services, nutrition, health and living skills support. 5. Pasco Downtown Development Commercial Kitchen ($65,000) CDBG funds are requested to continue operations of the Pasco Specialty Kitchen, a certified commercial incubator kitchen. By providing technical support to small food- related businesses the Pasco Specialty Kitchen improves their success rate by helping them to establish and achieve their goals. In consideration for technical assistance, the startup businesses agree to make jobs created available to low-to-moderate income persons in Pasco (Census Tract 202). 6. Downtown Facade Improvement (4 facades) ($80,000) CDBG funds are requested to support business to continue downtown facade improvements, for four new projects are anticipated for 2009 (Census Tract 202). 7. Catholic Family Volunteer Chore Services (1) ($4,000) CDBG funds are requested to provide minor household repairs and wheelchair ramps for very low to low income households. This population includes elderly and disabled. This year a roof repair program will be added to Volunteer Chore Services activities (City- wide). 1 7/30/2008 Attachment 2 CITY OF PASCO 2009 COMMUNITY DEVELOPMENT BLOCK GRANT PROPOSAL SUMMARY—JULY 28, 2008 8. Energy Efficient Home Program (10 households) ($20,000) CDBG funds are requested to provide 10 low-income households with improvements to their property at an affordable cost, including health/safety codes and energy effiency standards improvements (City-wide). 10. Boys & Girls Club - Program Space Expansion Safety Enhancement $50000) CDBG funds are requested to renovate the stage and lighting in the gym to replace 50- year old equipment with modern lighting providng a brigther, safer, more energy efficient lighting for increased programing to meet the needs of 5-year olds. 11. Martin Luther King Community Center -South End Gym Remodel ($100,000) CDBG funds are requested to renovate 1,700 sq ft of unusable space in the gym wing at the Martin Luther King Center. Renovation will reclaimed space to allow for expanded programs for low-to-moderate income children and youth. The remodel will convert five small rooms to three more functional rooms, providing programmable space for supervised recreation for low-moderate income persons who have been underserved because of restricted facilities. The expanded program will utilize the YMCA character development mode and allow for computer lab/homework center and multipurpose classroom, and benefit both youth and their families. 12. Code Enforcement Officer ($48,000) CDBG funds are requested to provide for a code enforcement officer to help improve neighborhood appearance and for compliance with rules and regulations dealing with homeowner needs in primarily low to moderate income neighborhoods (Census Tracts 201, 202, 203 and 204). 13. Kurtzman Park Neighborhood Improvements—Phase 1 ($294,175) CDBG funds are requested to provide street and/or sidewalks in the Kurtzman Park neighborhood area to create a safe route to school for neighborhood children (Census Tract 201). 2 7/3112008 Exhibit B REGULAR MEETING JUNE 19, 2008 PLANNING COMMISSION MEETING NEW BUSINESS: A. CDBG 2009 Community Development Block Grant ICDBG) Program Allocations and Annual Work Plan (Project Presentations) IMF# CDBG 08-002) Chairman Samuel made some introductory comments and asked staff for a report. Angie Pitman, Community Development Block Grant Administrator provided a brief overview of the CDBG program and explained the city would be receiving about $600,000 in CDBG funds for 2009. In addition there would be approximately 10 000 in program income and $217,000 available from reallocation of prior year activities. For 2009 the City will have an estimated total of $827,000 for project activities. Angie Pitman explained 13 project proposals had been received requesting a total of $921,000. Chairman Samuel opened the hearing and explained that each applicant would be permitted to make a brief presentation to explain their proposed project. City of Pasco - Community & Economic Development (Program Administration) Dave McDonald, City Planner - ($110,000 requested) stated the application was for Program Administration to offset costs of administration of the 2009 CDBG Program. The funds were necessary to cover program costs incurred by the city including program oversight, salaries and benefits of the Block Grant Administrator and Secretary II position as well as other related costs. City of Pasco - Administrative & Community Services (Civic Center - Youth Recreation Specialist) Paul Whitemarsh Recreation Services Manager - ($37,500 requesteil requested stated the application was for the continuation of recreation programs provided at the Civic Center in City Hall. The program focuses on low-moderate income at-risk youth and offers an after-school program which runs Monday-Friday after school into the evening and in the summer hours are all day from Monday-Friday. Chairman Samuel questioned the increase of $4,500 in this year's request. - 1 - Paul Whitemarsh responded the increase was due to inflation, as well as maintaining the current programs available. Commissioner Schouviller questioned the types of programs available. Paul Whitemarsh mentioned the drop-in programs and scheduled activities. After-school programs include rock-climbing, basketball, volleyball, and floor hockey. Table games are also available. Homework is encouraged and assistance is available from the gym supervisor. Scheduled activities include youth and adult basketball camps and clinics, leagues, as well as the ability for team practices to be held in the facility. City of Pasco - Administrative & Community Services (Martin Luther King Community Center - Recreation Specialist) Paul Whitemarsh Recreation Services Manager - ($37,500 requested) explained the funds were requested to operate programs for youth similar to the programs in the civic center. The YMCA has been operating the programs for the city with United Way dollars. The United Way funding has been cut from this program. Chairman Samuel questioned where the non-CDBG funds come from. Mr. Whitemarsh stated the matching funds will be provided by the City, and not United Way. City of Pasco - Administrative & Community Services (Senior Citizen's Center - Staff for Senior Center) Paul Whitemarsh, Recreation Services Manager - ($37,500 requested) stated this program involves a range of activities at the senior center including recreational activities, social services, health screening, a foot care program and an income tax assistance program. The salary of the Recreation Specialist and Secretary is supplemented with this request. They are responsible for coordinating services for this center. Commissioner Rose asked about the use of vans for event transportation. Paul Whitemarsh stated buses are chartered for out-of-town activities. Pasco Downtown Development Association PDDA (Pasco Specialty Kitchenl Victoria Silvernail, Manager - ($65,000 requested) explained the kitchen provides services to 31 individuals. Six individuals have been able to move out to their own store fronts. Other partners include the PDDA and the Pasco School District which operates the Commercial Food Academy giving low income students training in food sciences, product creation and marketing etc. - 2 - Pasco Downtown Development Association (Downtown Facade Improvement Gloria Garcia Vice President PDDA - ($80,000 requested) explained the various programs of the PDDA and stated the facade program provides funding to businesses to make physical improvements to buildings to improve the look of the downtown area. The program provides 75% up to a maximum of $20,000 and the applicants contribute 25% or the remaining portion of the project costs. Commissioner Little questioned the average cost of a fagade. Gloria Garcia stated $20,000 was the average. Catholic Family & Child Services CFCS (Catholic Family Volunteer Chore Service Shari Hallman, 2110 W. Henry St Pasco, WA - ($4,000 requested) stated her program has been functioning in the state for 28 years. They provided assistance to low income individuals, elderly and others with disabilities by constructing handicap ramps, rails and other minor home repairs. The funding is for materials only. All work is performed by volunteers. Commissioner Schouviller asked if there were any other funding sources. Ms. Hallman stated they received $10,000 from United Way this year, donations from individuals and some funding from the state for ramps and roofing. Benton Franklin Community Action Committee (BFCAC) - Energy Efficient Healthy House Program David Odom Weatherization Department Director, BFCAC - ($20,000 requested) Stated the CAC provides weatherization services for low-income families as well as work on furnaces, water heaters and other conservation measures. The funding is requested to continue with these activities. Commissioner Rose asked who is eligible for this program. David Odom stated they get referrals from the Energy Assistance Program which is for low income and elderly people. Tri-County Partners Habitat for Humanity (aka) Habitat for Humanity Tri- Cities (Habitat for Humanity's Tierra Vida Project Support) Angie Pitman stated the applicant has withdrawn their application. - 3 - Boys & Girls Clubs of Benton & Franklin Counties (Program Space Expansion and Safety Enhancement) Ron McHenry, Vice-President of Finance - ($50,000 requested) stated this program was for renovation and safety improvements to the stage area of the Boys and Girls Club. These improvements are needed to continue with services to the low and moderate income kids who use the facility. City of Pasco - Administrative and Community Services/YMCA (Martin Luther King Center Gym Remodel] Paul Whitemarsh, Recreation Services Manager -- ($100,000 requested) explained the request was for partial renovation of the gym wing into usable space. The project was continued from last year. The renovation will create a more functional area in which to provide services to the neighborhood. City of Pasco - Community & Economic Development Inspection Services Department (Provide Inspection Services in Low-and Moderate-Income areas of Pasco) Dave McDonald, City Planner -- ($48,000 requested) explained the request provides partial funding of a code enforcement officer. This program has been in place for 20 years. The area of focus for this officer is in census tracts 201 through 204 which are identified as low-and moderate-income areas of Pasco. City of Pasco - Public Works (Curb, Gutter, Sidewalk and Roadway Improvements) Dave McDonald, City Planner - ($300,000 requested) stated the project include the construction of curb, gutter, sidewalk and roadway improvements. The area of focus for the improvements is the neighborhood located south of Lewis Street, North of "A" Street between Wehe and Cedar. The Virgie Robinson Elementary School is in this neighborhood and low income students and families would experience safety benefit from the sidewalks and other improvements. - 4 - REGULAR MEETING JULY 17, 2008 PLANNING COMMISSION MEETING NEW BUSINESS: A. CDBG 2009 Community Development Block Grant (CDBG) Program Allocations and Annual 'Work Plan (Project Presentations) (MF# CDBG 08-002) Chairman Samuel made some introductory comments and asked staff for a report. Dave McDonald, City Planner, explained this item was before the Planning Commission last month and that Federal Regulations require two public hearings. Applicants had been notified of the meeting and invited to attend, none were present at tonight's meeting. Angie Pitman, Community Development Block Grant Administrator provided a brief overview of the CDBG program and explained the city would be receiving about $600,000 in CDBG funds for 2009. In addition there would be approximately $10,000 in program income and $226,175 available from reallocation of prior year activities. For 2009 the City will have an estimated total of $876,175 for project activities. Thirteen (13) proposals were received totaling $921,000. Twelve projects were presented at the last meeting, one application was withdrawn. Staff recommendations for funding 12 projects totaling $851,176 is provided in the staff report. Remaining funds were would be reprogrammed for 2008 activities in a amendment to the 2008 Annual Action Plan to be discussed later in the meeting. Chairman Samuel opened the hearing for public comment, after three calls, the public hearing was closed and the Planning Commission commenced discussion. Commissioner Hay moved the Planning Commission recommend the City Council approve the use of funds for the 2009 Community Development Block Grant Program Year as set forth in the "2009 CDBG Fund Summary." Commissioner Kempf seconded, motion carried unanimously. - 1 - Exhibit C RESOLUTION NO. A RESOLUTION approving the Program Year 2009 Community Development Block Grant Allocations and Annual Work Plan. WHEREAS, staff has prepared the Program Year 2009 Annual Work Plan for activities totaling$851,175; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES RESOLVE AS FOLLOWS: Section 1. That the Pasco City Council hereby approves the Annual Work Plan as follows: Loc ID Activity Funding 1. Program Administration $110,000.00 2. Civic Center -Youth Recreation Specialist $30,000.00 3. Martin Luther King Community Center Recreation Specialist $30,000.00 4. Senior Citizen's Center Recreation Specialist $20,000.00 5. Pasco Downtown Development Commercial Kitchen $65,000.00 6. Downtown Fagade Improvement(4 facades) $80,000.00 7. Catholic Family Volunteer Chore Services (4) $4,000.00 8. Energy Efficient Home Program (10 households) $20,000.00 9. Tri-County Partners Habitat for Humanity(12 households) 0.00 Boys & Girls Club - Program Space Expansion, Safety 10. Enhancement $50,000.00 Martin Luther King Community Center- South End Gym 11. Remodel $100,000.00 12. Code Enforcement Officer $48,000.00 13. Sidewalks - East Pasco $294,175.00 TOTAL $851,175.00 PASSED by the City Council of the City of Pasco this day of , 2008. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy Leland B. Kerr Deputy City Clerk City Attorney AGENDA REPORT NO. 29 FOR: City Council July 30,2008 TO: Gary Crutchfield, City Manager Robert Albe c Works Director FROM: Michael McS\\h`` ity Engineer Regular Mtg.: 08/04/08 SUBJECT: Award Reconstruction of Alley Approaches - 2008 Phase 2 Project, #07-3-04 I. REFERENCE(S): 1. Bid Summary 2. Vicinity Map II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 08/04: MOTION: I move to award the low bid for the Reconstruction of Alley Approaches - 2008 Phase 2 Project, #07-3-04 to Scott's Excavating Tri-Cities, LLC, in the amount of $49,738.00, and further, authorize the Mayor to sign the contract documents. III. FISCAL IMPACT: City Street Fund IV. HISTORY AND FACTS BRIEF: A) On July 30, 2008, staff received three (3) bids for the Reconstruction of Alley Approaches - 2008 Phase 2 Project, #07-3-04. The low bid, was received from Scott's Excavating Tri-Cities, LLC in the amount of$49,738.00. The second bid received was in the amount of $62,025.00. The Engineer's Estimate for the project is $54,486.00. V. DISCUSSION: A) The City's Capital Improvement Program (CIP) established a yearly program to repair the alley approaches in the older parts of the City. The program is now in its second year of a three year program. The goal is to improve as many locations as possible within the budget and target area. Where applicable, additional approaches will be replaced to meet the goals of the program. Staff recommends award of this contract to Scott's Excavating Tri-Cities, LLC. 10(a) City of Pasco Reconstruction of Alley Approaches-2008 Phase II Project No. 07-3-04 Bid Opening Date July 30, 2008 BID SUMMARY Total 1. Scott's Excavating Tri-Cities, LLC $49,738.00 2. A&B Asphalt, Inc. $621025.00 3. Inland Asphalt Company $795687.50 't .F of `yf t ,^, ' fir lyk - ifii�. •��'R:' >'�- •.0 r F• � 4' iyt � i4 i.+ g r Ira,t GOD i y""t:si�'.��'°L,�o-rif..-• r'�J3 iyal i ..1 A SYr' +�t�;�� ����� t ■r \ `:t �s ,. - ;JY, slot t` � tilt's*l -'f*,��'�, r1. ,y�'- ,, •I�� o- , r 1 .•t 'M AM �r Y 1 i t°•t • � '�°' -�, �„ x. .^µ ff.'s i��,; �`t t[1 rl bt. L 4 o °{� Ris h~ I}- � ! j �'ri ti.iF•11 t i 0.. ato IL ""'+•. t 1t .+ .�t :tit t.'='f s `t. 7774 'C`� �i r•t•;F.T Y`.., f•S.i t. s l:ll'to �"• �.. s'• $�,..'. f 4i, �� t, .y� _ Fly .• +�'.p 1, �• ,iy"f J'� rl �t �T.. � "'fit 3 ir•_i4••'i�'':. .� + .a¢.rf.:3$:,a.Tlk{r.A 1i iw. .�'!:a _ 'A�Jr.-:-t,.5'�t'^. J`'Sf.• i• .f�:: -- tp AGENDA REPORT NO. 39 FOR: City Council July 30, 2008 TO: Gary Crutchfield, City Manager Regular Mtg.: 8/4108 Rick White, Director f-1 Community & Economic Development FROM: David I. McDonald, City Planner-- — SUBJECT: Right-of-Way Dedication for Power Line(MF4 INFO08-083) I. REFERENCE(S): 1. Vicinity Map 2. Right-of-Way Dedication Deed 1Q. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: MOTION: I move to accept the deed from Kenneth Smith for a portion of the Power Line Road Right-of-Way. III.FISCAL IMPACT: A. NONE IV.HISTORY AND FACTS BRIEF: A. The owner of the property adjacent the intersection of Road 52 and Power Line Road is in the process of designing and constructing street improvements for Road 52 between Sandifur Parkway and Power Line Road. B. The proposed street improvements will cause Road 52 to be elevated about 10 feet above the surrounding grade near the intersection with Power Line Road. The proposed right- of-way is needed to accommodate the planned street construction. 10(b) {r..� _ try. ��`+"+.pp^}�,,p,•.,: -.} '.�••�.•.� yam. ._ •'I / '.f.�lfc.` a^r.t� / •. •1' 4: e�.r+r i .t _ 4 .Jw.•. 6� •�, APW Ak Lin Mm � as ! j Im NN 3 • I' ili .t k • rY ^k X After Recordine,Return To: City of Pasco, Washington Attn: City Planner 525 North 3r' Pasco, WA 99301 DEDICATION DEED Tax Parcel No. 114-250-015 THE GRANTOR(S), P/' by donation pursuant to RCW 35A.79.010,dedicates,conveys d quit claims to the G TEE,THE CITY OF PASCO,a Municipal Corporation of the State of Washington,for the public use,as a public right-of-way,all interest in the land described as follows: The south 30 feet of the Southwest Quarter of Section 2,Township 9 North, Range 29 East, W.M.,Franklin County Washington DATED this g day of U Iq 2008. GRANTOR(S) ! STATE OF WASHINGTON , ) ss. County of Franklin )� l On this day of 2008, before me,the undersigned,duly to be the individuals)described above and who executed the within and foregoing instrument as an agent of the owner(s) of record, and acknowledged to me that he/she/they signed the same as his/her/their free and voluntary act and deed,for res and rposes therein mentioned,and on commissioned and sworn, personally appeared i 161 to me known oath stated that he/she/they is/are authorized to execute the sai ��-str-uw-t- GIVEN under by hand and official seal this JL day of 200�iur+r�h�i .` t,p�lec#� ft 1 �ypT AR Y Print Name: .-a— NOTARY PU'I§ILX in and for the State of Washington PUBt1C Residing at: Gd SL Z' 26,ION My Commission Expires: i 4e — / o i����9 4'0 '+ ',lN\G\��� AGENDA REPORT TO: City Counciln August 1, 2008 FROM: Gary Crutch Manager Regular Mtg.: 8/4/08 SUBJECT: Car Allowanc Adjustment I. REFERENCE(S): 1. Unleaded Fuel Prices—Washington, 1/05 -- 7/08 2. IRS Mileage Reimbursement Rate, 2/05—7/08 3. Car Allowance Positions/Amounts II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 8/4: MOTION: I move to increase authorized car allowances by 40%, retroactive to January 1, 2008. III. FISCAL IMPACT: See below. IV. HISTORY AND FACTS BRIEF: A) Since about 1980, the city has provided car allowances to certain positions in lieu of providing city administrative vehicles. The car allowance system has always been much more cost effective than owning, insuring, maintaining, operating and fueling a dozen or more cars. Car allowances are currently provided to 18 positions, representing a total annual expense of about $51,000. B) The car allowances were last updated in January 2005 as part of the adopted budget. Since that time, however, fuel prices have increased markedly (see Exhibit 1). The federally-approved mileage reimbursement rate, which considers the full cost of vehicle ownership and operation, has increased from 40.5¢ per mile in 2005 to 58.5¢ per mile as of July 2008 (see Exhibit 2). The change reflects an increase of 44% over the past 3.5 years. V. DISCUSSION: A) At current (budgeted) rates, it costs the city at least $550 per month to own, operate and insure an administrative vehicle. To have the same service level (mobility) as that available via car allowance, the city would need to provide at least 15 administrative vehicles, representing a total annual cost of at least $100,000. B) Given the IRS mileage rate change over the past three years, the car allowance schedule should be increased by a factor of 45%. Even after such an increase, the annual cost (about $75,000) will still represent a savings of at least $25,000 annually and the car allowance will sustain the better service level (mobility), as each of the positions will continue to have the mobility they need when they need it. C) In view of the fact that those positions with a car allowance have absorbed the extraordinary cost increases over the past three years (especially since February 2007), it is recommended that the adjustment be retroactive to January 2008. 10(c) LO 00,/� Q ri NCO F No �O? �Llp CV) CPO, t N i <O i � N �O moo, ti C [ oo a0s N 0) 10,E N M N I N �Q✓� I `ol C14 N /� •� co 00. O IL 190,o� T •� N -QO, G � �� N m 90? LF) N z `gol CD LO `90, CV C� SOS oy N M I N 190, sO ,fin V: N 04 19, 0 0 0 0 0 Co 0 0 0 0 o C) LO o LO o Un o LO o o 6 4 -;Y M M N N T T Q p Ef} ER fi{} b4 64 09 (f} bF3 d} 6R} Ef3 uolleE) aad 001-ld i o OD y` LO t iS.Fs�' r�i 3ixit'ii f1{ 3 : Ssi£ t Iwss j 1 s.. 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Lo : .....yx ia?i•.:u::q,rcvi:3ia: tt '�«iii-z .£..�,�^>isisyi;iaaG:iifisii:^iiiiili9i. t':�,;;c 'i,: -c'x dssrl• �' ii •1'iitiii�r' •„;.s. ifi:Sy-tx3i i'u} t i J o a L �•a..i�1 1 .Y..' )"�`Sa�•.'4'w".v�i. :j�9t}�,i1�, i��`'� )�'� }l �a 4..t '�5 ii•8 YN'P a�t�„sjx' 'Y„ ;'a°r'�.Y''-0fjr'k' n i• kk 3'{ .3 std {it }„t ! J }."`;: ij5 •L ^�iii.2'r- § c. Saar f r �: Q ?i% L .£�s .;"rsnr!��a=:��t:i's .....s t?..^ ^a 'S:x U) I LO s••'r'''^yi`i'isRCbi„r;' iii;::::: i:'?+�-r.s<'� :..,:eE;, swF?=�r�.,f 6�3�;;>•<i:= i=���F, � :iN;i'n'z:�... �^,�iia:s�,(.�.tr.: y���fy'.�".._•��: .ti'`'��•s�{'; ........... -�` LL CD i CAD O m O O LL aliw aad s;uaC Car Allowance DEPART` d4B .'' AT ,tWATE A&CS Administrative& Community Services $280 Director Finance Manager $160 Accounting Supervisor $75 Information Services Manager $140 Facilities Manager $350 Customer Service/Utility Billing Manager $75 Information Services Specialist $85 C&ED Community& Economic Development $350 Director Senior Planner $260 Executive City Manager $350 Personnel Manager $120 Fire Fire Chief $350 Muni Court Court Administrator $75 Police Police Chief $350 PW/E Public Works Director $350 City Engineer $300 Plant Division Manager $280 Field Division Manager $350 AGENDA REPORT NO. 36 FOR: City Council DATE: 7/30/08 TO: Gary Crutchfie anager WORKSHOP: Rick White, Di ecto Q V4 REGULAR: 8/4/08 Community an Economic Development FROM: David I. McDonald, City Planner SUBJECT: SPECIAL PERMIT: Location of a School at 3309 Road100 (Kingspoint Christian School) (MF# SP08-005) I. REFERENCE(S): A. Report to Planning Commission B. Planning Commission Minutes: Dated 6/19/08 & 7/17/08 II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: MOTION: I move to approve the special permit for the Kingspoint Christian School to be located in the 3300 block of Road 100, as recommended by the Planning Commission. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. On June 17, 2008, the Planning Commission conducted a public hearing to determine whether or not to recommend a special permit for the location of a school at 3309 Road 100. 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 the location of a school at 3212 3309 Road 100. The recommended conditions are contained in the attached Planning Commission report. C. No written appeal of the Planning Commission's recommendation has been received. io(a) REPORT TO PLANNING COMMISSION MASTER FILE NO: SP 08-005 APPLICANT: Kingspoint Christian HEARING DATE: 6/ 19/08 School ACTION DATE: 7/ 17/08 3309 Rd 100 Pasco, WA 99301 BACKGROUND REQUEST: SPECIAL PERMIT: Location of a School & School Master Plan. 1. PROPERTY DESCRIPTION: Lam: The West 1/2 of the Southwest 1/4 of the West 1/4 of Section 17, Township 9 North, Range 29 East, W.M., except the west 30 feet thereof. General Location: 3309 Rd 100 Property Size: 12 acres 2. ACCESS: The site has access from Road 100. 3. UTILITIES: Water and sewer are available to the site. 4. LAND USE AND ZONING: The property is currently zoned R-S-12 (Suburban Residential) and contains a small farm that is in a fallow state. The property to the east is in the county and is zoned R-S-20 (Suburban Residential) and contains a vineyard. Property to the south is zone R-S-12 and is partially developed with a church. The properties to the west are zoned R-S-1 and R-S-20 and are developed with single- family homes. 5. COMPREHENSIVE PLAN: Plan goal OF-5 suggests provisions should be made for educational facilities throughout the Urban Growth Area. 6. ENVIRONMENTAL DETERMINATION: A Determination of Non- significance (DNS) has been issued for this proposal in accordance with the requirements of the State Environmental Policy Act (SEPA), Chapter 43.21(c) RCW. ANALYSIS The Kingspoint Christian School, originally Faith Christian Academy, purchased the site in question in 2000. The property was in the County at that 1 time. Prior to the purchase of the property the school applied for and received a special permit from the County for the location of a school on the site. In 2005 the school sold the south 6 acres of their land to a church. The church, Desert Springs Covenant Church, received a special permit from the City to construct their church in 2003. The church has since been built. As a result of the land sale, the significant lapse in time since County approval of a special permit, and the fact the school development plans have changed, a new application is required. The Kingspoint Christian School plan identifies a three-phase project with construction on the first phase to begin in the fall of 2008. The first phase will consist of classrooms and supporting facilities (offices etc). Phase two will add more classrooms and support facilities. Phase three will include a gymnasium and classrooms. Other improvement on the site will include a parking lot to be built in phases and sports fields. The completed school will be capable of housing 350 students from kindergarten through grade 12. Schools and educational facilities have been permitted in a variety of zoning districts within the community; however they require review through the special permit process prior to issuance of a building permit. Special permits have been issued for a number of new public schools, the community college, and Tri-Cities Prep in the last few years. This has all been in response to the growth in the city's population. As the community continues to grow there will be a need to add more school classrooms. Because of funding allocations and fluctuations in enrollments, school construction projects tend to be mutli-year efforts that continue over time. While the County special permit was opened ended with respect to a time frame for development, the city typically specifies a time for completion or obtaining a building permit. In the recent past CBC, the Pasco School District, and Tri-Cities Prep have all submitted long range (10 years) Plans for various expansion projects. The proposed school is anticipated to be built in three phase over several years. The school is therefore seeking a multi-year approval. Approving a multi-year Master Plan eliminates the need for multiple special permit reviews for individual expansion projects. It simplifies the development process and enables schools to quickly move forward on projects as funding becomes available. 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. 2 1) The Kingspoint School site is zoned R-S-12; 2) The site contains about 12 acres. 3) The Kingspopint School group has owned the site since 2000; 4) Franklin County approved a special permit for a larger school project in 2000. 5) Comprehensive Plan goal OF-5 suggests provisions should be made for educational facilities throughout the Urban Growth Area; 6) Population in Benton and Franklin Counties has grown by 53,000 in the last 10 years; 7) The City of Pasco has doubled in population since 1997; 8) Population growth has created a demand for additional educational facilities; 9) The site is located on an arterial street. 10) Water and sewer is available to the site. CONCLUSIONS BASED ON 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: I) Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive Plan? Comprehensive Plan Goal OF-5 encourages educational facilities to be located throughout the Urban Growth Area. 2) Will the proposed use adversely affect public infrastructure? Sewer and water service is available in Road 100. The school will be required to connect to those utilities and contribute its fair share to the cost of the utilities through payment of connection fees. 3) Will the proposed use be constructed, maintained, and operated to be in harmony with the existing or intended character of the general vicinity? Schools are typically located in or near residential neighborhoods. Schools and supporting facilities, (parking lots, sports fields, portable classrooms, & storage buildings) are an accepted part of the character of neighborhoods. 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? 3 The location and development of school properties on other sites within Pasco have not impaired the value of surrounding properties. Houses in the R-S-12 zone may be built to a height of 35 feet. 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 operations of schools generally throughout Pasco do not create objectionable conditions for neighboring properties. 6) Will the proposed use endanger the public health or safety if located and developed where proposed, or in any way become a nuisance to uses permitted in the district? The proposed Master Plan identifies future buildings, parking lots, and sports fields that will be constructed to meet building codes that ensure public health and safety are met. School properties in Pasco have not been a source of complaints or the development of nuisance conditions. RECOMMENDATION MOTION: I move the Planning Commission adopt the Findings of Fact and conclusions as contained in the July 17, 2008 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 Kingspoint Christian School for the location and development of a school in the 3000 block of Road 100 with conditions as contained in the July 17, 2007 staff report: Approval Conditions 1) The special permit shall be personal to the applicant; 2) Development of the Kingspoint Christian School shall substantially conform to the campus Master Plan submitted with the special permit application; 3) The Kingspoint Christian School shall dedicate the west 10 feet of the parcel for the Road 100 right-of-way as a condition of permit approval; 4) All right-of-way improvements including but not limited to curb, gutter, street construction, sidewalks, storm drainage, street lights undergrounding overhead power lines, fire hydrants and utility 4 services shall be constructed to meet the requirements and specifications of the City of Pasco; 5) The parking lot must be set back a minimum of 25 feet from the Road 100 right-of-way; 6) The parking lot must be hard surfaced and landscaped per Pasco Municipal Code 25.75.070 but, in no case shall the landscaping be less than what is shown on the master site plan; 7) The school building including the gymnasium shall be constructed to meet the standards of the 1-182 Overlay District (PMC 25.58); 8) Storage buildings, sheds, concession stands and similar structures can not include container storage as defined in PMC 25.12.430; 9) The north and east property line must be fenced. The required fencing must be 6 feet high and must be sight obscuring; 10) The west property line north of the parking lot must be fenced but is not require to be sight obscuring; 11) The soccer field must be set back from the north property line at least 25 feet; 12) No sports field lighting is permitted; 13) The granting of a Special Permit does not give blanket approval to driveway locations and types of driveways. All driveways must be reviewed and approved by the Engineering Department prior to construction. 14) The Kingspoint Christian School shall pay the code required traffic impact fee in conjunction with building permits for each phase of development; 15) The special permit shall be valid until August 31, 2018 provided a building permit has been issued for the first phase within 3 years of the date of the special permit approval. The special permit will become null and void if a building permit has not been issued by August 31, 2011. 5 • { �l k . �. 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LE N 0 � o j , Q 6) r qn N N 0 C I I Ql 3 a i i t -7 CL Q I� � i •� I II i i I a I i it ----- I CL Q C CO) "----------------- - -'-----------------._-_-_-----._-i-_-_-/-461_- 1.06 I Planning Commission Minutes 6/19/08 E. Special Permit Kingspoint Christian School Master Plan (Georgia Perkins)(3309 Rd 100)(MF#08-005) Chairman Samuel read the master file number and asked staff for comments. Staff stated public notice was published in the newspaper and mailed to surrounding property owners within 300 ft of the proposed site. The application was for a private school. The county previously granted a special permit for a the school on the proposed site but due to the length of time since that approval and given the fact the scope of the project has changed a new special permit is needed. Staff reviewed the written report for the benefit of the Planning Commission and explained the proposed site plan. Chairman Samuel opened the hearing for public comment. Bill McCue, 2211 S. Highlands Blvd, South Richland, stated he was the architect for this project and then proceeded to view the three phase plan containing the parking lot, classroom wings, gymnasium and playfields. Chairman Samuel asked Mr. McCue the number of students intended for Phase 1. Mr. McCue stated for Phase 1 there will be 100 students, with the Master Plan projecting a total of 200 students. Tim Casnick, 10104 Willow Way, stated he has lived in the area for 10 years and is concerned with the increased traffic this school will create. He commented about the current speed limit of 35 mph and was concerned about student safety. He questioned if there would be enough room for a turn lane. Georgia Perkins, Principal for Kingspoint Christian School, 5007 Richardson Road, commented on the driveway and stated they have a contract allowing Mrs. Olson to reside at the residence until her death and at that time the house will be leveled and the land added to the playground. Tim Casnick asked about the lighting situation with the playfields. Chairman Samuel clarified Tim Casnick was not opposed to the school but concerned with the future plans. With no further comments, Chairman Samuel closed the public hearing. Staff stated the special permit granted by the county contained a number of conditions including improvements to Road 100 with curb, gutter and sidewalk additions for safety for the children. A fence with screen was required by the County. Similar conditions would be needed for this application. Chairman Samuel referenced the light study performed at the Tri-City Prep to be guidance for the recommendation for lighting issues. Staff suggested the applicant move the soccer farther to the south to prevent balls from going over the fence. The applicant had no objection. Commissioner Anderson moved, seconded by Commissioner Little, to close the hearing on a proposed special permit and schedule deliberations, adoptions of findings of fact, conclusions and a recommendation to the City Council for the July 17, 2008 meeting. The motion was approved unanimously. Planning Commission Minutes 7/17/08 D. Special Permit Kin s oint Christian School Master Plan (Georgia Perkins 3309 Rd 100 MF#SPO8-005 Chairman Samuel read the master file number and asked staff for comments. Staff stated this item was presented last month at the public hearing. Staff provided a list of recommended conditions for approval of the special permit. The applicant received a copy of the recommended conditions and spoke briefly with staff prior to the Planning Commission meeting. There was one concern expressed over condition # 12 related sports field lighting. The restriction on sports field lighting did not preclude lighting for night security. Chairman Samuel asked about the lighting standards and comparison to Tri- City Prep High School. Staff commented the lighting study and conditions for the Prep school was tied to Chapel Hill Blvd. This facility does not have an area to allow for such separation. Commissioner Cruz stated that Tri-City Prep High School has a fair distance between apartments and homes. Commissioner Schouviller asked what the applicants' response was. Staff stated the applicant was concerned with safety lighting and want security night lighting. In the future, if there was ever a for sports lighting the applicant could apply for a special permit. Commissioner Rose questioned the landscaping requirements. Staff stated this project is being developed in three stages and will meet the requirements for landscaping. Commissioner Kempf questioned if the issue with Willow Way has been addressed. Staff noted it was covered in condition #13. Commissioner Little moved seconded by Commissioner Rose the Planning Commission adopt the Findings of Fact and conclusions as contained in the July 17, 2008 staff report. The motion was approved unanimously. Commissioner Little moved based on the findings of fact as adopted Seconded by Commissioner Schouviller, the Planning Commission recommend the City Council grant a special permit to Kingspoint Christian School for the location and development of a school in the 3000 block of Road 100 with conditions as contained in the July 17, 2008 staff report. The motion was approved unanimously. Staff noted the recommendation would go to the City Council for action at the first regular meeting in August, 2008. An appeal of the recommendation would cause a closed record hearing to be held before the City Council. AGENDA REPORT NO. 37 FOR: City Council July 30, 2008 TO: Gary Crutchfie Manager Regular Mtg.: 8/4/08 Rick White, Di ctor Community & conomic Development FROM: David I. McDonald, City PlannerjRl� SUBJECT: SPECIAL PERMIT: County House Parking Lot at 1016 N. 4`h Avenue (Franklin County) (MF# SP08-006) I. REFERENCE(S): 1. Report to the Planning Commission 2. Planning Commission Minutes: Dated 6/19/08 & 7/17/08 II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: MOTION: I move to approve the special permit for the Franklin County Courthouse parking lot at 1016 N. 4ch Avenue, as recommended by the Planning Commission. III.FISCAL IMPACT: A. NONE IV.HISTORY AND FACTS BRIEF: A. ' On June 17, 2008, the Planning Commission conducted a public hearing to determine whether or not to recommend a special permit for the redevelopment of the Franklin County Courthouse Parking lot. B. Following a 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 Franklin County Courthouse parking lot. 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(e) REPORT TO PLANNING COMMISSION MASTER FILE NO: SP 08-006 APPLICANT: Franklin County HEARING DATE: 6/ 19/08 1016 N. 4th Avenue ACTION DATE: 7/ 17/08 Pasco WA 99301 BACKGROUND REQUEST: SPECIAL PERMIT: Location of a parking lot on the Franklin County Courthouse property at 1016 N 41h Ave. 1. PROPERTY DESCRIPTION: Legal: Blocks 6 and 7 Sylvester Park Addition together with adjacent vacated rights-of-way. General Location: 1016 North Fourth Avenue (Franklin County Courthouse Facility) Property Size: 5.6 acres 2. ACCESS: The site has access from North 4th Ave. and N 5th Ave. 3. UTILITIES: All municipal utilities are available to the property. 4. LAND USE AND ZONING: The property is currently zoned R-1 (Low Density Residential) and developed with the Franklin County Courthouse Complex. Properties to the north (Atomic Foods) and south (Medical and Law Offices) are zoned C-1 (Retail Business). Volunteer Park is located to the east and single family residential homes are located to the west. The park and the homes to the west are zoned R-1. 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as an area for governmental activities. Comprehensive Plan goal OF-3 encourages the provision of lands for public facilities. 6. ENVIRONMENTAL DETERMINATION: This proposal has been issued a determination of non-significance in accordance with review under the State Environmental Policy Act (SEPA), Chapter 43.21(c) RCW. 1 7. HISTORY: The original Franklin County Courthouse was built on Block 6 of Sylvester Park Addition in 1912. Over the years other facilities have been added to or adjacent the Courthouse. In 2004 an addition to the jail was added to the northwest side of the Courthouse Complex. That was followed by the location of temporary offices and a complete renovation of the 1912 portion of the building during 2005 and 2006. Landscaping and fencing improvements have recently been completed. ANALYSIS The Franklin County Courthouse complex has existed in one form or another at 1016 North Fourth Avenue for almost 100 years. As the Community has grown the Courthouse facilities have also grown. Over the years court rooms and jail facilities have expanded to provide for the increased population. Within the last few years the 1912 portion of the Courthouse was completely remodeled and upgraded. As the public usage of the Courthouse facilities has increased, the availability of parking around the Courthouse has become an issue. To address parking needs for the Courthouse the County has submitted a special permit application for a new parking lot fronting 4th Ave. The plan calls for the demolition of the vacant Health Department building and major site grading to eliminate the elevation difference between the existing parking areas and the land where the Health building is located. The new parking lot will occupy 50,360 square feet (1.15 acres), providing 131 parking stalls. There will be a net gain of 90 parking spaces with the new parking lot. Eight thousand four hundred square feet will be devoted to landscaping. The landscaping will primarily front 4th Ave. Government and quasi-governmental activities are defined as a "Community Service Facility 1" and has such, require review through the special permit process before locating within the community. In reviewing special permit applications the Planning Commission is to be guided by the criteria listed in P.M.C. 25.86.060 as listed below in the findings of fact section. 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 2 listing as the result of factual testimony and evidence submitted during the open record hearing. 1. The Franklin County Courthouse property is zoned R-1 2. Governmental facilities are defined as Community Service Facilities 3. Community Service Facilities are unclassified uses. 4. Unclassified uses are required to pass through the special permit review process. 5. The proposed parking lot is located at 1016 N. 4th Avenue. 6. The site is currently developed with the vacant Health District Office. 7. The proposed parking lot will contain 131 parking spaces. 8. The new parking lot will provide 90 additional parking spaces over and above the current parking on site. 9. 8,472 square feet of landscaping will be provided with the new parking lot. 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? The site and proposed activity is consistent with Comprehensive Plan Goal LF-3, which encourages the provision of adequate lands for public facilities. 2) Will the proposed use adversely affect public infrastructure? Demands on existing infrastructure will be minimal due to the fact that the proposed parking lot does not need most public utilities. The proposed parking lot will reduce congestion on the surrounding public streets by providing additional on-site parking. 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 parking lot will complement the existing Courthouse Development and general character of the property to the north. 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 site and surrounding properties are fully developed. The parking lot will not have any impact on the surrounding properties with respect to height. The parking lot will make room for more on-site parking thereby reducing off-site parking near other businesses. 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 addition of 90 new parking spaces will benefit the surrounding neighborhood by providing additional on-site parking. 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 parking lot will aid in removing on-street parking in the general neighborhood and will enable visitors to the Courthouse to have a safe on-site location for parking. RECOMMENDATION MOTION: I move the Planning Commission adopt the Findings of Fact and conclusions as contained in the July 17, 2008 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 Franklin County for the location and development of a new parking lot at 1016 N. 4th Avenue with conditions as contained in the July 17, 2007 staff report: 4 Approval Conditions 1) The special permit shall be personal to the applicant; 2) The proposed parking lot shall be developed in substantial conformance with the site plan submitted with the application; 3) The County and/or the County's contractor shall protect 4th Avenue at all times during the demotion and construction, preventing debris from entering the public right-of-way; 4) A traffic and pedestrian control and safety plan must be submitted to and approved by the City Engineering Office prior to the start of demolition/construction; 5) All water service and sewer lines shall be disconnect following the standards and procedures of the Public Works Department; 6) All sidewalk and curb and gutter currently damaged or that may be damaged during demolition/construction must be replaced to current City Standards and Specifications; 7) The parking lot must be landscaped per Pasco Municipal Code Section 25.75.070; 8) The special permit shall be null and void if a building permit has not been obtained by August 31, 2009. 5 ybay.• ' :'�j - of 5.- ..1 �¢ y r+"• �"F�,�"�. *. a cv, - a 62 g tnK so _ ... ,r.e•..... - i �•^ ...::ter s ��.�'44rA%'��' _ \ i.CL � mod.-`f*•+bit`h � � / � k l.�r . at. `yam I �.�" r0 :ietlSTa•«' �� �� acre - `t a... 4 1.�, '`w7' S { .t h Rp If AWL At OWN; • f-1 Lu IPA'fi"'a'`pF_ f any - _i I-'7Y .. .'S .`•j �,. 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TF FIT Lo Zj LLJ CL ••• �4- � � i2 X 1e 8� 1 H _ S Coe f cm Q j a. a� Planning Commission Minutes 6/19/08 F. Special Permit Franklin County Courthouse Parking Lot Franklin Count 1016 N. 4th Ave MF#08-006 Chairman Samuel read the master file number and asked staff for comments. Staff stated public notice was published in the newspaper and mailed to surrounding property owners within 300 ft of the proposed site. This location currently has the old Benton-Franklin County Health Department building on site and it will be demolished to accommodate a parking lot providing 90 additional parking spaces. The Franklin County Courthouse and Jail are in need of additional parking. The surrounding properties are zoned R-1, Commercial, which include Volunteer Park and a mobile home park. Chairman asked if on-street parking would still be permitted. Staff responded it would be permitted. Chris' Giles, 514 N. Nevada Street, Kennewick, represented the County and spoke in favor of the special permit. He explained the plan calls for the demolition of the old Health District building, extensive site grading and then construction of the new parking lot. The county plans on completing the parking lot this year. The parking lot is to be lit and will have camera surveillance for the protection of the public. Chairman opened the hearing for public comment. Michelle Kellogg, Employee from Lourdes Medical Facility, 514 N. Nevada Street, Kennewick stated they are very happy to see the proposed parking lot being built. Due to the lack of parking in the area, the hospital parking lot has been crowed and it made has made it difficult for patients to find parking. Chairman Samuel closed the public hearing. Commissioner Rose moved, seconded by Commissioner Schouviller, to close the hearing on a proposed special permit and schedule deliberations, adoptions of findings of fact, conclusions and a recommendation to the City Council for the July 17, 2008 meeting. The motion passed unanimously. Welcome to Jana Kempf, the newest Planning Commissioner! Commissioner Rose moved, seconded by Commissioner Schouviller, that the meeting be adjourned. The motion passed unanimously. Planning Commission Minutes 7/17/08 E. Special Permit Franklin County Courthouse Parkin Lot (Franklin County)(1016 N. 4th Ave)(MF#SP08- 006! Chairman Samuel read the master file number and asked staff for comments. Staff stated this item was presented last month at the public hearing. Staff provided a list of recommended conditions for approval of the special permit. Commissioner Hay moved seconded by Commissioner Little the Planning Commission adopt the Findings of Fact and conclusions as contained in the July 17, 2008 staff report. The motion was approved unanimously. Commissioner Hay moved based on the findings of fact as adopted seconded by Commissioner Schouviller, the Planning Commission recommend the City Council grant a special permit to Franklin County for the location and development of a new parking lot at 1016 N. 4th Avenue with conditions as contained in the July 17, 2008 staff report. The motion was approved unanimously. Staff noted the recommendation would go to the City Council for action at the first regular meeting in August, 2008. An appeal of the recommendation would cause a closed record hearing to be held before the City Council. AGENDA REPORT NO. 35 FOR: City Council July 30, 2008 TO: Gary Crutchfi i Manager Regular Mtg.: 8/4/08 Rick White, Di e o fZ114 Community & conomic Development FROM: David 1. McDonald, City Planne SUBJECT: SPECIAL PERMIT: Location of a Church at 216 N. 1 lth Ave. (Iglesia Bautista El Calvario) (MF# SP08-004) I. REFERENCE(S): 1. Report to the Planning Commission 2. Planning Commission Minutes: Dated 6/19/08 & 7/17/08 II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: MOTION: I move to approve the special permit for the Iglesia Bautista El Calvario at 216 N. 11th Avenue, as recommended by the Planning Commission. III.FISCAL IMPACT: A. NONE IV.HISTORY AND FACTS BRIEF: A. On June 17, 2008, the Planning Commission conducted a public hearing to determine whether or not to recommend a special permit for the location of a church at 216 N. 11th 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 location of a church at 216 N. 11th Avenue. The recommended conditions are contained in the attached Planning Commission report. C. No written appeal of the Planning Commission's recommendation has been received. io(f) REPORT TO PLANNING COMMISSION MASTER FILE NO: SP 08-004 APPLICANT: Iglesia Bautista HEARING DATE: 06-19-08 El Calvario ACTION DATE: 07-17-08 3909 W. 47th Ave. Kennewick, WA 99337 BACKGROUND REQUEST FOR SPECIAL PERMIT: Location of a Church in a C-1 District 1. PROPERTY DESCRIPTION: Legal: Lots 7 & 8 Block 7, Pettit's 2nd Addition General Location: 216 North 11th Ave. Property Size: 5,750 sq. ft. 2. ACCESS: The site has access from 11th Ave. 3. UTILITIES: Municipal water and sewer are available to the site from the right-of-way adjacent to the south line of the property. The property is not currently connected to city utilities. 4. LAND USE AND ZONING: The property is currently zoned C-1 and is developed with a single-family dwelling. The properties to the north, south and east are all zoned C-1. The Bank of the West is located on the east side of 11th Ave and a car wash and vacant lot are located to the south of the site. A vacant commercial building and vacant lot are located to the north. The properties to the west are zoned R-2 and developed with single-family dwellings. 5. COMPREHENSIVE PLAN: The site is designated in the Plan for future low density residential, but is adjacent to areas that are designated for commercial uses (to the south & east). The site can be considered in a transition area which could be developed for either commercial activities or for residential development. The plan does not specifically address churches, but various elements of the plan encourage adequate provision of off-street parking and locating businesses in appropriate locations for their anticipated uses. Policies of the plan also encourage the location of facilities for educational and cultural activities in the City. 6. ENVIRONMENTAL DETERMINATION: This proposal has been issued a Determination of Nonsignificance in accordance with review under the State Environmental Policy Act (SEPA), Chapter 43.21 (c) (RCW). 1 ANALYSIS The application involves the conversion of an existing 884-square-foot single- family house to a church facility. The site contains 5,750 square feet of land and has a small (10 ft. wide) driveway and parking pad off 11th Ave. The yard area around the house has been poorly maintained for many years. Although the proposed church has only 20 members at the current time the occupancy standards in the building code would permit close to 100 persons to occupy the building. The municipal code requires one parking space for every four seats in a church where there is no fixed seating. The existing membership would only require 5 parking spaces while the maximum occupancy load would require 25 parking spaces. The site is not large enough for 25 parking spaces. The site is totally lacking in necessary landscaping. In addition to the lack of landscaping the site does not have a paved parking lot or the necessary ADA/handicap-access facilities (ramps doors & restroom facilities). The house on the site was originally constructed in 1951 to the residential construction standards of that time. Converting the dwelling from a residential occupancy classification (R-3 per the IBC) brings with it a number of issues. Places of religious worship are classified in the building code as "A" occupancies. When a building is changed from one occupancy class to another (from an R-3 to an "A" for example) the building is required to meet the life/safety standards required for the new occupancy classification. In this case the building will need to have 2 restroom facilities meeting the handicapped regulations; Exit signage will be needed for all exits; exit doors will need to swing out (with an occupancy load of 50); and emergency lighting may be needed. Two exits to the outside will be need for the main floor with modification for handicapped facilities. The basement can not be used for Sunday school classrooms, nurseries or other similar uses unless there are two exits. Another concern about converting an exiting house to a church is the structural integrity of the building. If interior walls are removed or relocated to create a sanctuary or chapel it may impact the stability of the roof. Additionally, adding the weight of 50 or more people (along with books, book cases, a piano etc) to the floor of the house may add more weight to the floor than the floor was designed to support. If the special permit was to be approved it may be necessary to have structural engineering done to address these concerns. The "A" occupancy requirements of the building code have been developed from years of experience with places of assembly and have been enacted in to law for the life, safety, and protection of people occupying churches and other gathering places. 2 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. Given the fact that it is the nature of all churches to seek additional members the size of the lot and house in question will pose practical difficulties for the proposed church to expand beyond 20 members. The lot is smaller than most of the new residential lots being developed today so there is no room to accommodate future growth. There is only room for about 5 parking stalls in the rear of the house and two on the driveway in the front. That allows the church to have 28 members. The vacant lot to the south may be available for future expansion but it is only 8,625 square feet in size and of that square footage about 1,100 will be need for the setback landscaping. 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 are unclassified uses and require review through the special permit process prior to locating or expanding in any zoning district. 2. The proposed church site is zoned C-1. 3. The proposed site is located at 216 North 11th Ave. 4. The site contains 5,750 square feet. 5. The site is developed with a single family house. 6. The vacant lot to the south contains 8,625 square feet. 7. The driveway into the site is 10 feet wide and about 40 feet long. 8. There is no parking lot on the site. 9. The rear yard has enough room for a 5 stall parking lot. 10. The operation of churches within residential or commercial districts of Pasco generates few complaints from neighboring properties. 11. The existing on site building contains 884 square feet on the main floor and 884 square feet in the basement. 12. The building was constructed in 1951. 3 13. Existing membership of the church is about 20 persons. 14. The Municipal Code (PMC 25.78.170) requires one off-street parking space for every 10 lineal feet of bench (pew) seating or one space for every 4 chairs in a church. 15. The building code permits an occupancy load of one person per every 7 square feet of floor area in assembly occupancies such as churches. 16. Based on the occupancy loading the existing building could hold about 100 people. 17. 100 people would require 25 parking spaces 18. The current area available for parking improvements will only allow the church to accommodate 28 members. 19. The house was designed and built for residential occupancy loads. 20. A church is an "A" occupancy under the provision of the International Building Code. 21. "A" occupancy building design standards are different than the residential occupancy standards. 22. The building on site does not meet "A" occupancy building design standards 23. The building on site does not meet ADA accessibility standards for ADA/handicapped access and use. 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 j 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. LU-2-13 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. However, as the proposed church grows it will create more demand on public utilities than the current residential use of the property. 3) Will the proposed use be constructed, maintained and operated to be in harmony with existing or intended character of the general vicinity? 4 The intended character of the general vicinity is a mix between residential and commercial. Commercial development exists to the east and the south. Churches are typically located in or near residential areas and add to the character of a neighborhood due to special architectural features and well- landscaped yards. The proposed church initially will be maintained in harmony with the character of the neighborhood. However as the church grows there will not be sufficient space on the lot to accommodate any growth. 4) Will the location and height of proposed structures and the site design discourage the development of permitted uses on property in the general vicinity or impair the value thereof? The presence of churches near residential or commercial neighborhoods in other parts of the community has not discouraged potential development or impaired the value of adjoining properties. As the proposed church grows the lack of space on-site will cause church members to park on the street or in the alley, thereby impacting surrounding properties owners. 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? Initial use of the property will not create more objectionable conditions in the neighborhood. However, as the proposed church grows, increased traffic and activities on such a small parcel may impact the use of other nearby properties. 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. A majority of the recently approved churches have been located on parcels considerably larger than the proposed parcel. RECOMMENDATION 5 MOTION: I move the Planning Commission adopt the Findings of Fact and conclusions as contained in the July 17, 2008 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 ' Igiesia Bautista El Calvario for the location of a church at 216 North 1lth Avenue with conditions as contained in the July 17, 2007 staff report: Approval Conditions 1) The special permit shall be personal to the applicant; 2) The parking lot in the rear of the building must be hard surfaced; 3) All parking lot and site drainage must be contained on-site; 4) No additional parking facilities are permitted off North 11th Avenue; 5) The front yard and available side yard areas must be landscaped with at least 65 percent of the landscaping consisting of live vegetation as defined by PMC 25.75.030(4); 6) All yard areas must be maintained free of weeds dust and litter; 7) The building must comply with all requirements of the International Building Code for an "A" occupancy prior to occupancy by the church; 8) The building, including the basement, must meet all building code exiting requirements prior to occupancy by the church; 9) The building including entrances and restrooms must be ADA/handicap-compliant prior to occupancy by the church; 10) Occupancy of the building for church purposes will not be permitted until the church complies with all conditions listed above; 11) The special permit shall be null and void if a City of Pasco, occupancy registration has not obtained by August 31, 2009. 6 LVAX.l o w5) Ln 3 -,r:: -- �, �• rL��•.'.-;,��y.� .gip,._. .j _ _ '.�,, Jy .P' ! g� "Al IJ ob! bz -1 o.�OS LEI. �w i. .� '•, l7tGJe4 i �.� ,A- _- .. .F .. , �r yy 'eE,�,�.e,� ,Fief` y '� .o a6 � �,t.• i_.. .iC -is tt:... `,Rte:.;itis.�-. t__,. .:nr.• - .. � .�'t-w'.. Q 1'�RY •�e�yn ' `y ���� k�� .nf pl-o PIR Alli, ilk-. _•�,... Tom.. � i p.4- '.!I': .' �"',1 A' S �.�W. 4 � � . 'll. n 1E�'•y-yam ',Y� 7'"�� >.�F'=' ��' Y���A•�; � � �\.: Mai'- V� z �O U � O 0 � � 4-j 'COO ;z • � o � d Ct � � v .�\A P to V� z �0 U r• 0 P +� �, • . . A ct oo Z O Planning Commission Minutes 6/19/08 D. Special Permit I lesia Bautista El Calvario fjoe Franco 216 N. 11th Avel(MF#08-0041 Chairman Samuel read the master file number and asked staff for comments. Staff stated public notice was published in the newspaper and mailed to surrounding property owners within 300 ft of the proposed site. Staff explained the application was for a proposed church to be located in a pre-existing home in a commercial zoning district on N 11th Ave. Staff reviewed the surrounding land uses and the written report for the benefit of the Planning Commission. Staff explained that as with the previous church application, converting a house to a church changes the occupancy classification and the building code requirements for exiting and other safety issues. The site lacks hard surfaced parking and lacks landscaping. Chairman Samuel asked about the situation with the current church located in the vicinity. Staff stated the church to the north was required to provide a hard surface parking lot, make structural renovations, and provided landscaping to improve the appearance of the lot. Commissioner Little asked about the hours of operation for services. Staff commented churches typically operate on Sundays and hold a weekly night meeting. Chairman Samuel opened the hearing for public comment. Joe Franco, 3909 W. 47th, Kennewick, represents the church and stated they have been renting space from another church. He has prepared a budget and proposal to purchase their own church. They currently have 20 members. The building has new stucco, A/C, and paint. He stated there are two stairwells to the basement. He further noted he is a federal employee and understands rules and regulations and intends to follow all requirements of the City. Services will be held on Sundays and Wednesday evenings. Chairman Samuel questioned the parking situation. Mr. Franco stated there is a slab in the rear of the property that has enough room for 6 cars, as well as in the front of the property with a 1 car garage and a driveway that would allow for 1-2 additional parking spaces. Chairman Samuel asked staff about any similar parking situations. Staff commented there are several other similar parking situations in the City of Pasco which have alley access to parking. Chairman Samuel opened the hearing for public comment. Roy Fiesic, 1812 W. Sylvester, stated he is a member of the neighboring church and welcomes the addition to the neighborhood. Chairman Samuel closed the public hearing. Staff and the Planning Commission discussed the need to improve the exterior landscaping, improve the parking lot area, address building code issues and add a storm water drainage system near the alley. Commissioner Anderson asked about the occupancy number for this site. Staff stated the code permit one person per 7 square feet. The building in theory could hold 100 people based on square footage. Commissioner Anderson moved, seconded by Commissioner Hay, to close the hearing on a proposed special permit and schedule deliberations, adoptions of findings of fact, conclusions and a recommendation to the City Council for the July 17, 2008 meeting. The motion passed unanimously. Planning Commission Minutes 7/17/08 C. Special Permit Iglesia Bautista El Calvario (Joe Franco)(216 N. 11th Ave)(MF#SP08-004) Chairman Samuel read the master file number and asked staff for comments. Staff stated this item was presented last month at the public hearing. Staff provided a list of recommended conditions for approval of the special permit. Staff also explained as was discussed briefly previously the Public Works Department had some concerns about public access to the proposed church through the alley. The main concern was the alley not being the standard width of a street. Staff explained the church would only have 6 parking spaces in the alley which would generate 24 vehicle trips each week vs. residential neighbors generating an estimated 70 vehicle trips each week per house. Commissioner Schouviller asked what type of road surface was in the alley. Staff stated it was an oiled rock surface and the section by the car wash is paved. Commissioner Schouviller moved seconded by Commissioner Little the Planning Commission adopt the Findings of Fact and conclusions as contained in the July 17, 2008 staff report. The motion was approved unanimously. Commissioner Schouviller further moved based on the findings of fact as adopted Seconded by Commissioner Kempf, the Planning Commission recommend the City Council grant a special permit to Iglesia Bautista El Calvario for the location of a church at 216 North 11th Avenue with conditions as contained in the July 17, 2008 staff report. The motion was approved unanimously. Staff noted the recommendation would go to the City Council for action at the first regular meeting in August, 2008. An appeal of the recommendation would cause a closed record hearing to be held before the City Council. AGENDA REPORT NO. 34 FOR: City Council July 30, 2008 TO: Gary Crutchfie Manager Regular Mtg.: 8/4/08 Rick White, Di c r Community & conomic Development FROM: David I. McDonald, City Planner SUBJECT: SPECIAL PERMIT• Location of a Church at 3212 Wernett Rd(Iglesia A ostolica de la fe en Cristo Jesus) (MF# SP08-003 I. REFERENCE(S): 1. Report to Planning Commission 2. Planning Commission Minutes: Dated 6/19/08 & 7/17/08 II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: MOTION: I move to approve the special permit for the Iglesia Apostolica de la fe en Cristo Jesus at 3212 Wernett Road, as recommended by the Planning Commission. III.FISCAL IMPACT: A. NONE IV.HISTORY AND FACTS BRIEF: A. On June 17, 2008, the Planning Commission conducted a public hearing to determine whether or not to recommend a special permit for the location of a church at 3212 Wemett Road. 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 location of a church at 3212 Wemett Road. 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(9) REPORT TO PLANNING COMMISSION MASTER FILE NO: SP 08-003 APPLICANT: Iglesia Apostolica HEARING DATE: 06-19-08 De La Fe En Cristo Jesus ACTION DATE: 07-11-08 2921 W Ella St Pasco, WA 99301 BACKGROUND REQUEST FOR SPECIAL PERMIT: Location of a Church in a Residential District (R-1). 1. PROPERTY DESCRIPTION: Legal: Lot 1, Short Plat 2008-09 General Location: 3212 Wernett Road. Property Size: 1.45 Acres 2. ACCESS: The site has access from Wernett Road. 3. UTILITIES: Municipal water and sewer are available to the site from the right-of-way adjacent the south line of the property. The property is not currently connected to city utilities. 4. LAND USE AND ZONING: The property is currently zoned R-1 and is developed with a single-family dwelling. The property to the west is vacant R-1 land which is proposed to be developed with single family dwellings (See Agenda Item V, B) All other surrounding properties are zoned R-S-12 and developed primarily with single-family dwellings. A few scattered multi-family dwellings are also located in the general vicinity. I- 182 is located to the north. 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the property and surrounding areas for low-density residential development. The plan does not specifically address churches, but various elements of the plan encourage adequate provision of off-street parking and locating businesses in appropriate locations for their anticipated uses. Policies of the plan also encourage the location of facilities for educational and cultural activities in the City. 6. ENVIRONMENTAL DETERMINATION: This proposal has been issued a Determination of Nonsignificance in accordance with review under the State Environmental Policy Act (SEPA), Chapter 43.21 (c) (RCW). ANALYSIS The application involves the conversion of an existing 1,529 square foot single- family house to a church facility. The house has an attached 441 square foot garage and there is a 1,248 square foot shop building on the site. The site contains 1.45 acres of land. The proposed church currently has a small membership of about 30 members. The occupancy standards in the building code would permit close to 170 persons to occupy the building. The municipal code requires one parking space for every four seats in a church where there is no fixed seating. The existing membership would only require 7-8 parking spaces while the maximum occupancy load would require 43 parking spaces. The site has enough room for 43 parking spaces. However, the site currently does not have a hard- surfaced parking lot for even 7 parking spaces. The site has some landscaping around the house and no landscaping toward the freeway on the north. Not only does the site lack a parking lot, it lacks the necessary handicapped access facilities (ramps doors & restroom facilities). The house on the site was originally constructed in 1951 (modified in 1958 to the residential construction standards of that time. Converting the dwelling from a residential occupancy classification (R-3 per the IBC) brings with it a number of issues. Places of religious worship are classified in the building code as "A" occupancies. When a building is changed from one occupancy class to another (from an R-3 to an A, for example) the building is required to meet the life/safety standards required for the new occupancy classification. In this case the building will need to have 2 restroom facilities meeting the handicapped regulations; Exit signage will be needed for all exits; exit doors will need to swing out (with an occupancy load of well over 100) and emergency lighting may be needed. Two exits to the outside will be needed for the main floor with modification for handicapped facilities. The basement can not be used for Sunday school classrooms, nurseries or other similar uses unless there are two exits to the outside. Another concern about converting an exiting house to a church is the structural integrity of the building. If interior walls are removed or relocated to create a sanctuary or chapel it may impact the stability of the roof. Additionally, adding the weight of 100 or more people (along with books, book cases, a piano etc) to the floor of the house may add more weight to the floor than the floor was designed to support. If the special permit was to be approved it may be necessary to have structural engineering done to address these concerns. The "A" occupancy requirements of the building code have been developed from years of experience with places of assembly and have been enacted into law for 2 the life, safety and protection of people occupying churches and other gathering places. Churches are typically located in or adjacent to residential zoning districts within the city. The operational history of churches within Pasco has shown that churches generate very few complaints from adjoining property owners. The complaints that are received are often related to traffic. The church near the intersection of Wernett and 28th Ave has generated some complaints about traffic. Most churches in West Pasco are located conveniently to collector or arterial streets thereby helping to reduce the impact of church traffic through neighborhoods. The proposed site is located half a mile north of Court Street north of a residential neighborhood. Road 36 is about a quarter of a mile to the west. Given the fact that it is the nature of all churches to seek additional members, future additions may create some problems for the neighborhood. Other issues to consider center on the need for a hard-surfaced parking lot, curb and gutter, sidewalks and a perhaps a sound wall along the north property line (These are all issues that were discussed in the report for the Sun View Estates preliminary plat directly to the west). 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 are unclassified uses and require review through the special permit process prior to locating or expanding in any zoning district. 2. The proposed church site is zoned R-1. 3. The proposed site is located at 3212 Wernett Rd 4. The site contains 1.45 acres 5. The site is developed with a single-family house and shop. 6. The driveway into the site is 10 feet wide and about 40 feet long. 7. There is no parking lot on the site. 8. The operation of churches within residential or commercial districts of Pasco generates few complaints from neighboring properties. 9. Complaints about churches usually involve traffic. 3 10. The existing building contains 1,529 square feet on the main floor and 1,248 square feet in the basement. 11. The building was constructed in 1951 with additional work done in 1958. 12. Existing membership of the church is about 30 persons. 13. The Municipal Code (PMC 25.78.170) requires one off-street parking space for every 10 lineal feet of bench (pew) seating or one space for every 4 chairs in a church. 14. The building code permits an occupancy load of one person per every 7 square feet of floor area in assembly occupancies such as churches. 15. Based on the occupancy loading, the existing building could hold about 170 people. 16. 170 people would require 43 parking spaces 17. The house was designed and built for residential occupancy loads. 18. A church is an "A" occupancy under the provision of the International Building Code. 19. "A" occupancy standards are different than the residential occupancy standards. 20. 'The building on site does not meet "A" occupancy standards of the building code. 21. The building on site does not meet ADA accessibility standards for handicapped access and use. 22. I-182 is located on the north side of the site. 23. There is no curb, gutter, or sidewalk abutting the site. 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 PIan? Policy LU-1- encourages the continuous actions to improve the City's physical environment. LU-2-B encourages the support of facilities for educational and cultural activities. 2) Will the proposed use adversely affect public infrastructure? 4 The proposed use will not have an adverse impact on public infrastructure. However, as the proposed church grows it will create more demand on public utilities than the current residential use of the property and will generate additional traffic through the neighborhood. 3) Will the proposed use be constructed, maintained and operated to be in harmony with existing or intended character of the general vicinity? The intended character of the general vicinity is low density single family residential development. Churches are generally maintained and operated in conformity with the general character of residential neighborhoods. Traffic is sometimes an issue. 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 thereofp The presence of churches near residential neighborhoods in other parts of the community has not discouraged potential development or impaired the value of adjoining properties. As the proposed church grows, traffic may become a source of contention for the neighborhood. 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? Initial use of the property will not create more objectionable conditions in the neighborhood. However, as the proposed church grows, increased traffic and activities may impact the residential neighborhood to the south. 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 July 17, 2008 staff report. 5 MOTION: I move, based on the findings of fact as adopted, the Planning Commission recommend the City Council grant a special permit to Iglesia Apostolica De La Fe En Cristo Jesus for the location of a church at 3212 Wernett Road with conditions as contained in the July 17, 2007 staff report: Approval Conditions 1) The special permit shall be personal to the applicant; 2) No parking shall be permitted in the front yard area; 3) The parking lot must be hard surfaced; 4) All parking lot and site drainage must be contained on-site; 5) The front yard landscaping must be restored and maintained at residential standards consistent with PMC 25.75 6) All side-yard and rear-yard areas must be landscaped and maintained free of weeds dust and litter; 7) The building, including the basement, must comply with all requirements of the International Building Code for an "A" occupancy prior to occupancy by the church; 8) The building, including the basement, must meet all building code exiting requirements prior to occupancy by the church; 9) The building including entrances and restrooms must be ADA/handicap-compliant prior to occupancy by the church; 10) The Church shall install a sound wall along the north property line abutting I-182. Said sound wall shall be a minimum of 8 feet in height above the grade of the adjoining 1-182 freeway. The sound wall must be approved by the City Planner prior to construction. 11) The Church shall connect to City water and sewer service; 12) A solid fence at least four feet in height must be installed along the east and west property lines; 13) The church must improve Wernett Road to City Standards as approved by the City Engineer. This includes but is not limited to curb, gutter sidewalk, street lights, fire hydrants, storm water retention and fire hydrants. 14) Occupancy of the building for church purposes will not be permitted until the church complies with all conditions listed above; 15) The special permit shall be null and void if a City of Pasco occupancy registration has not obtained by August 31, 2009. 6 .ir k.eYSi>�W>. v�ay.; .,Ytr T! :"�,j~1'yb»'�:. Fi. SY.�!!•.'a: - � �,a: '�tC Mi�r"..•,�4`Sm^n•��X�.�yfi aa+" # ���-i"'. r t � X" ;y,;.�$ . �+ -AD; opt lob dip db '44 a A r 1� • F' k .A aY.J r a { •#�. • � 1 �i• • L µr �' 6X T Jr •sir ! r=1 ]" 4J .]i•>,itl yIff r'j1 ,n+./'� Mt. .. •' f�� �,rF r � vi !/r• f t,+' �I f `+'`,�F�fF j'!�!'�'r f jj� � �"' �3c•`'`�. n N'� Y .• '�� •fir - �� fr �1,�: ..: '�Ii�{t�' r ,t/ i.• �n::j f Ir ff t ' ' �.: fi, ...,"'".a.�,�l' '!! ,`iii.'i..' :`',a;',;fr��,r•�/J•�iT 1' r fi� i � �, ���` � i� � �, y,i. F£ a doa a 0 0 m Cl) Z£abOa LU � 4� r Q-r 4� O ti Z 00 ct ' LLI • • Iv£ adoa c� V 5£ as � a adoa os aeob o 0 w m w r Cl) ze odoa w , o � Cl)� . ,� N ct r EE c Z cn LLI 00 U • • K oeob r' � CD s as Q •POO O N sE oaaa I FI � ' o a � u U C G I I E i MIT zo I Planning Commission Minutes 6/19/08 C. Special Permit Iglesia Ayostolica De La Fe En Cristo Jesus (Francisco Barrera) (3212 Wernett Rd)(MF#08- 0031 Chairman Samuel read the master file number and asked staff for comments. Staff stated public notice was published in the newspaper and mailed to surrounding property owners within 300 ft of the proposed site. Staff explained the application was for a proposed church to be located in a pre-existing home adjacent the proposed Sun View Estates discussed in the last hearing. Staff reviewed the written report for the benefit of the Planning Commission. It was pointed out the house was built many years ago to residential construction standards. Converting the house to a church changes the occupancy classification and the building code requirements for exiting and other safety issues. A change in occupancy will require code upgrades. Staff discussed the issue of the R-1 zoning requiring street improvements, the lack of a hard surfaced parking lot, sound wall concerns that were raised for Sun View Estates, the lack of handicapped accessibility, and general property maintenance. Commissioner Little asked about parking lot lighting and if the restroom facilities would be hooked up to sewer services. Staff stated to accommodate the occupancy level requested the church would be required to convert to sewer services vs. a septic tank. Chairman Samuel opened the public hearing for comments from the public. Obdulia Chavez, translator for the Pastor Francisco Barrera, 2921 W Ella, stated the church wants a place to worship and pray. The church currently has 30 members and they have been in Pasco for 13 years. Their lack of growth may be due to the lack of a place to have a church. They are willing to fulfill the requirements of the City of Pasco. At present, their intentions are to remodel, and in the future, expand the facility. Chairman Samuel questioned if they are willing to accommodate the City's requirements for bathrooms, parking, building code requirements, etc. Obdulia Chavez answered they are prepared to accommodate the requirements. Commissioner Schouviller asked where their current place of worship was located. Obdulia Chavez answered they are renting space from another church at 217 N. Douglas, Pasco, WA. Ray Rojas, Minister/Contractor, 820 Wrigley, has evaluated the property and as a contractor he can convert the house into a church. They have been looking for a place that can accommodate their members. Chairman Samuel questioned after renovations are made, would the outward appearance be changed considering the current condition is not very appealing. Ray Rojas stated they have plans to upgrade the look of the church. Commissioner Little asked if they understood the improvements would need to be completed prior to occupancy. Ray Rojas stated yes, they are fully aware and are anxious to get started. Lauren Mitchell, 3605 Agate, was concerned with the increased traffic this church would bring. He also stated the street is narrow and there are no sidewalks. Terry Kirkwood, Kennewick, stated Road 32 is the widest street in the area. It is even wider than Road 68; it has a traffic signal at Court Street and he feels there will be no problems with traffic. He also stated his father built the house and it is a solid house. Chairman Samuel closed the public hearing. Commissioner Schouviller moved, seconded by Commissioner Little, to close the hearing on a proposed special permit and schedule deliberations, adoption of findings of fact, conclusions and a recommendation to the City Council for the July 17, 2008 meeting. The motion was unanimously approved. Planning Commission Minutes 7/17/08 B. Special Permit I lesia Apostolica De La Fe En Cristo Jesus (Francisco Barrera) (3212 Wernett Rd)(MF#SP08-0031 Chairman Samuel read the master file number and asked staff for comments. Staff stated this item was presented last month at the public hearing. Staff provided a list of recommended conditions for approval of the special permit. Staff pointed out condition #10 references a sound wall and should be consistent with the conditions set for the previous agenda item. Staff stated the list of conditions was mailed to the applicant prior to the Planning Commission meeting. Commissioner Hay moved seconded by Commissioner Schouviller the Planning Commission adopt the Findings of Fact and conclusions as contained in the July 17, 2008 staff report. The motion was approved unanimously. Commissioner Hay further moved based on the findings of fact as adopted seconded by Commissioner Schouviller, the Planning Commission recommend the City Council grant a special permit to Iglesia Apostolica De La Fe En Cristo Jesus for the location of a church at 3212 Wernett Road with conditions as contained in the July 17, 2007 staff report. The motion was approved unanimously. Staff noted the recommendation would go to the City Council for action at the first regular meeting in August, 2008. An appeal of the recommendation would cause a closed record hearing to be held before the City Council.