HomeMy WebLinkAbout2009.08.03 Council Meeting Packet AGENDA
PASCO CITY COUNCIL
Regular Meeting 7:00 p.m. August 3,2009
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 20, 2009.
(b) Bills and Communications: (A detailed listing of claims is available for review in the Finance
Manager's office.)
I. To approve General Claims in the amount of$889,593.44 ($75,714.01 in the form of Wire
Transfer Nos. 5264 and 5268; and $813,879.43 consisting of Claim Warrants numbered
172684 through 172891).
2. To approve Payroll Claims in the amount of $2,776,918.86, Voucher Nos. 39808 through
39889 and 39900 through 40064; and EFT Deposit Nos, 30031205 through 30032054.
*(c) Regional Hotel/Motel Commission Appointments:
1. Agenda Report from Gary Crutchfield,City Manager dated July 20, 2009.
2. Letter from Tri-Cities Hotel Lodging Association President dated 7/9/09.
3. Section 5,Interlocal Agreement for Tri-City Regional Tourism Promotion Area.
To reappoint Jim Gibson (Best Western) to a two-year term on the Tri-Cities Regional
Hotel/Motel Commission, term to expire 8/31/2011.
(d) Resolution No. 3179, a Resolution of the City of Pasco declaring its intention to conduct a
Public Hearing for the purpose of creating a Local Improvement District for infrastructure
improvements in the Kurtzman Park Neighborhood.
1. Agenda Report from Rick White, Community & Economic Development Director dated July
28, 2009.
2. Vicinity Map.
3. Map with Estimated Costs and Potential Phasing.
4. Proposed Resolution.
To approve Resolution No. 3179, setting Tuesday, September 8, 2009 as the Public Hearing date
for the purpose of creating a Local Improvement District for infrastructure improvements in the
Kurtzman Park Neighborhood.
(RC) MOTION: I move to approve the Consent Agenda as read.
4. PROCLAMATIONS AND ACKNOWLEDGMENTS:
(a) "Yard of the Month" Awards. (NO WRITTEN MATERIAL ON AGENDA) The following
Pasco residents have been invited to attend the Council meeting to receive Certificates of
Appreciation from Mayor Joyce Olson for"Yard of the Month," July 2009.
1. Jose Ramirez and Linda Bates-Ramirez, 1015 N. 10th Avenue
2. Roger and Ilene Ungerecht, 1715 W. Margaret Street
3. Chad and Shannon Langford,4612 Sedona Court
4. Ken and Carol Grittner, 8212 Hudson Drive
(b) "Business of the Month" Appearance Award. (NO WRITTEN MATERIAL ON AGENDA)
The following Pasco business has been invited to attend the Council meeting to receive a
Certificate of Appreciation from Mayor Joyce Olson for "Business of the Month Appearance
Award" for July 2009.
1. Teton Gold, LLC, 5802 N. Industrial Way
5. VISITORS - OTHER THAN AGENDA ITEMS:
(a)
(b)
(c)
Regular Meeting 2 August 8,2009
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:
Q(a) Street Vacation: A Portion of Bonneville Street and California Avenue(MF#VAC09-011):
1. Agenda Report from David I. McDonald, City Planner dated June 29, 2009.
2, Vicinity Map.
3. Proposed Ordinance.
CONDUCT A PUBLIC HEARING
Ordinance No. , an Ordinance vacating a portion of the north and south 10 feet of
Bonneville Street, and a portion of the east and west 10 feet of California Avenue.
MOTION: I move to adopt Ordinance No. , vacating a portion of the north and
south 10 feet of Bonneville Street and a portion of the east and west 10 feet of California Avenue
and, further, to authorize publication by summary only,
8. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS:
Q*(a) Resolution No. , a Resolution accepting the Planning Commission's recommendation
and approving a Special Permit for the location of an Auto Body Shop at 1603 W. Lewis Street.
1. Agenda Report from Shane O'Neill,Planner I dated July 28, 2009.
2. Report to Planning Commission,
3. Planning Commission Minutes dated 7/16/09.
4. Proposed Resolution.
MOTION: I move to approve Resolution No. approving the Special Permit for the
location of an Auto Body Shop at 1603 W. Lewis Street as recommended by the Planning
Commission.
9. UNFINISHED BUSINESS:
(none)
10. NEW BUSINESS:
(none)
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 3, KGH — Emergency Medical Services Board Meeting.
(COUNCILMEMBER TOM LARSEN, Rep.; AL YENNEY, Alt.)
2. 12:00 p.m., Wednesday, August 5, 2601 N. Capitol Avenue—Franklin County Mosquito Control District
Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; AL YENNEY,Alt.)
3. 930 a.m.,Friday,August 7, KONA—KONA's Mayor Report. (MAYOR JOYCE OLSON)
MINUTES
REGULAR MEETING PASCO CITY COUNCIL JULY 20, 2009
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 A] Yenney.
Staff present: Gary Crutchfield, City Manager; Leland B. Kerr, City Attorney; Stan
Strebel, Deputy City Manager; Rick White, Community & Economic Development
Director; Bob Alberts, Public Works Director; Denis Austin, Police Chief, Bob Gear, Fire
Chief; Richard Terway, Administrative & Community Services Director; Lynne Jackson,
Human Resources Manager; Carleen Hanscom, Recreation Services Manager and Tony
Johnson,Recreation Specialist.
The meeting was opened with the Pledge of Allegiance.
CONSENT AGENDA:
(a) Approval of Minutes:
Minutes of the Pasco City Council Meeting dated July 6, 2009.
(b) Bills and Communications:
To approve General Claims in the amount of$1,279,874.07 ($109,807.37 in the form of
Wire Transfer Nos. 5255 and 5260; and $1,170,066.70 consisting of Claim Warrants
numbered 172439 through 172683).
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$197,528.70 and, of that amount, authorize
$146,115.83 be turned over for collection.
(c) Public Facilities District Board Appointment:
To reappoint Spence Jilek to Position No. 3 on the Pasco Public Facilities District Board
of Directors with an expiration date of 7/14/2013.
(d) "A" Street Right-of-Way:
To accept the deeds for"A" Street right-of-way from Columbia East LLC, Dorothy
Osborn and ROJO Venture LLC.
MOTION: Mr. Watkins moved to approve the Consent Agenda as read. Mr. Garrison
seconded. Motion carried by unanimous Roll Call vote.
PROCLAMATIONS AND ACKNOWLEDGMENTS:
Mayor Joyce Olson acknowledged the City received the "2008 Outstanding Park"Award
for the Softball Complex from the National Softball Association.
VISITORS - OTHER THAN AGENDA ITEMS:
Ms. Eileen Crawford, 4506 Yuma Dr., spoke against fluoridation of city water.
Ms. Joan Larsen, 3320 W. Pearl, spoke against fluoridation of city water.
Mr. Shawn Sant, 8016 Redonda Dr.,presented Council with documents supporting his
belief of the negative effects of fluoride added to public water systems.
1 3(a).1
MINUTES
REGULAR MEETING PASCO CITY COUNCIL JULY 20, 2009
Mr. Scott Snyder, 5820 Saddlecreek Ln., spoke against fluoridation of city water.
Mr. Fred Nimo, 1915 W. Hopkins, thanked the Councilmernbers that support discussion
of the fluoridation issue.
Ms. Michelle Murphy, 366 Columbia Point Dr. Richland, representing Campaign for
Liberty,presented Council with documents supporting their belief of the negative effects
of fluoride added to public water systems.
Mr. Bill Osmundson, Bellevue Wa, presented Council with documents supporting his
belief of the negative effects of fluoride added to public water systems.
Mayor Olson called a 5 minute recess at 7:37 p.m.
Mayor Olson reconvened the meeting at 7:42 p.m.
REPORTS FROM COMMITTEES AND/OR OFFICERS:
Mr. Yenney attended the Law and Justice Council meeting.
Mr, Yenney and Mayor Olson attended the Grand Opening Celebration for the Center for
Sharing and the Collegium Cafe.
Mr. Hoffmann inquired about the decrease in non-departmental expenditures as noted on
the General Fund Operating Statement through June 2009.
ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS:
Ordinance No. 3928, an Ordinance concerning speed limits on various streets and
amending Section 10.24.040 of the Pasco Municipal Code.
MOTION: Mr. Watkins moved to adopt Ordinance No. 3928, amending Section
10.24.040 "Increasing Speed Limits in Certain Zones" and, further, authorize publication
by summary only. Ms. Francik seconded.
MOTION: Mr. Watkins moved to amend the motion to delete the word "Increasing"
from the title. Ms. Francik seconded. Motion carried unanimously.
Original motion, as amended, carried unanimously.
Ordinance No. 3929, an Ordinance concerning prequalification for Public Works
Construction, and amending Section 14.10.020 of the Pasco Municipal Code.
MOTION: Mr. Watkins moved to adopt Ordinance No. 3929, amending Section 14.10,
Qualification for Public Works Construction and, further, authorize publication by
summary only. Ms. Francik seconded. Motion carried unanimously.
Ordinance No. 3930, an Ordinance concerning Small Works Roster Procedures and
amending Section 14.11.010 of the Pasco Municipal Code.
MOTION: Mr. Watkins moved to adopt Ordinance No. 3930, amending Section 14.11,
Small Works Roster and, further, authorize publication by summary only. Ms. Francik
seconded. Motion carried unanimously.
Resolution No. 3178, a Resolution accepting and recommending the Wagenaar
Army Reserve Center BRAC Plan.
MOTION: Mr. Watkins moved to approve Resolution No. 3178, recommending the draft
Wagenaar Reserve Center BRAC Plan for submittal to HUD for Balance Determination
and to the Military for Property Disposal Planning. Ms, Francik seconded. Motion carried
unanimously.
2
MINUTES
REGULAR MEETING PASCO CITY COUNCIL JULY 20, 2009
NEW BUSINESS:
2009 Irrigation System Improvements—Road 44, Project No. 09-7-01:
Council and staff discussed the proposed improvements.
MOTION: Mr. Watkins moved to award the low bid for the 2009 Irrigation System
Improvements —Road 44, Project No. 09-7-01 to Sharpe & Preszler Construction Co., in
the amount of$215,648.00 plus applicable sales tax and, further, authorize the Mayor to
sign the contract documents. Ms. Francik seconded. Motion carried by unanimous Roll
Call vote.
Amendment No. 2 to Professional Services Agreement with CH2MHill:
Council and staff discussed the proposed agreement.
MOTION: Mr. Watkins moved to approve Amendment No. 2 to the July 21, 2008
Professional Services Agreement with CH2MHil1 authorizing additional engineering
services not to exceed $30,000 and, further, authorize the Mayor to sign the agreement.
Ms. Francik seconded. Motion carried unanimously.
MISCELLANEOUS DISCUSSION:
Mr. Hoffmann requested an update from Police Chief Austin on the traffic enforcement
program.
ADJOURNMENT:
There being no further business, the meeting was adjourned at 8:10 p.m.
APPROVED: ATTEST:
Joyce Olson, Mayor Debra L. Clark, City Clerk
PASSED and APPROVED this 3RD day of August, 2009.
3
CITY OF PASCO
Council Meeting of
August 3, 2009
Accounts Payable Approved _.
The City Council
City of Pasco, Franklin County,Washington
We,the un er gned, do h eby certify under penalty of perjury that the materials have been furnished,the
services r nd ed or a labor rformed as described herein and that the claim is a just, due and aid
obligation inst a city and t t we are authorized to authenticate and ce id clai
Gary Cr ch a r James W. Cha inance 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 5264 and 5268 in the amount of$75,714.01, have been authorized; that Check No.s 172684 through
172891 are approved for payment in the amount of$813,879.43,for a combined total of$889,593.44 on this
3rd day of August, 2009.
Councilmember Councilmember
SUMMARY OF CLAIMSlWIRE TRANSFERS BY FUND:
GENERAL FUND:
Legislative 1,659.51
Judicial 6,244.52
Executive 5,176.31
Police 147,397.59
Fire 16,870.01
Administration&Community Services 55,947.85
Community Development 5,362.34
Engineering 1,980.90
Non-Departmental 31,123.56
Library 102,640.07
TOTAL GENERAL FUND: 374,402.66
STREET 41,125.01
C. D. BLOCK GRANT 6,252.53
KING COMMUNITY CENTER 1,166.71
AMBULANCE SERVICE 5,766.96
CEMETERY 5,833.77
ATHLETIC PROGRAMS 715.48
SENIOR CENTER 2,435.35
MULTI MODAL FACILITY 1,755.25
RfVERSHORE TRAIL&MARINA MAIN 1,167.96
LITTER CONTROL
REVOLVING ABATEMENT 1,755.76
PARKSFUND
TRAC REVEL&OPERATING 16,135.25
STADIUM/CONVENTION CENTER 7,666.99
SPECIAL ASSESSMNT LODGING
METRO DRUG TASK FORCE 4,057.38
METRO DRUG FORFEITURE FUND 1,388.83
GENERAL CONSTRUCTION 7,642.55
WATER/SEWER 196,814.38
EQUIPMENT RENTAL- OPERATING 19,434.$7
EQUIPMENT RENTAL- REPLACEMENT 5,719.23
MEDICAUDENTAL INSURANCE 106,332.01
CENTRAL STORES
PUBLIC FACILITIES DIST
PAYROLL CLEARING 36,492.07
LID CONSTRUCTION
TRI CITY ANIMAL CONTROL 45,532.44
GRAND TOTAL ALL FUNDS: $ 889,593.44
3(b).1
CITY OF PASCO
Council Meeting of:
Payroll Approval August 3, 2009
The City Council
City of Pasco
Franklin County,Washington
The foil in is a summary of payroll claims against the City of Pasco for the month of
July 2009 wh' h a prese with for your review and approval.
Ga D. Crutch Hager James W. ChaX, 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. 39808 through 39889,and 39900 through 40064 and EFT deposit
No's. 30031205 through 30032054 and City contributions in the aggregate amount of$2,776,918.86 are
approved for payment on this 3rd day of August 2009.
Council member Council member
SUMMARY OF PAYROLL_BY FUND
GENERAL FUND:
Legislative $ 10,075.87
Judicial 96,823.39
Executive 76,793.73
Police 765,819.20
Fire 387,765.60
Administrative&Community Services 470,929.96
Community Development 110,915.94
Engineering 109,833.36
TOTAL GENERAL FUND 2,028,957.05
CITY STREET 62,700.33
BLOCK GRANT 12,315.48
MARTIN LUTHER KING CENTER 8,918.65
AMBULANCE SERVICE FUND 182,922.18
CEMETERY 15,447.83
ATHLETIC FUND 2,058.01
SENIOR CENTER 17,579.91
STADIUM OPERATIONS 0.00
MULTI-MODAL FACILITY 0.00
BOAT BASIN 0.00
REVOLVING ABATEMENT FUND 0.00
TASK FORCE 4,408.77
WATER/SEWER 405,825.60
EQUIPMENT RENTAL-OPERATING 35,785.05
GRAND TOTAL ALL FUNDS $ 2,776,918.86
Payroll Summary
Net Payroll 1,447,662.80
Employee Deductions 789,365.08
Gross Payroll 2,237,027.88
City of Pasco Contributions 539,890.98
Total Payroll $ 2,776,918.86
3(b).2
AGENDA REPORT
TO: City Council July 20, 2009
FROM: Gary Crutchfi y Manager Regular Mtg.: 8/3/09
SUBJECT: Regional Hote MMotel Commission Appointments
I. REFERENCE(S):
I. Letter from Tri-Cities Hotel Lodging Association President dated 7/9/09
2. Section 5, Interlocal Agreement for Tri-City Regional Tourism Promotion Area
II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS:
813: MOTION: I move to reappoint Jim Gibson (Best Western) to a two-year term on
the Tri-Cities Regional Hotel/Motel Commission, term to expire
8/31/2011.
III. FISCAL IMPACT:
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 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, as evidenced by the July 9 letter,
recommends Jim Gibson (manager of the Best Western Pasco Inn) be reappointed.
V. DISCUSSION:
A) Mayor Olson recommends that City Council reappoint Mr. Gibson as
recommended by the Tri-Cities Hotel Lodging Association, without interview.
3(c)
!'ASCn
2009
;`t
P.O. Box M l 71
Richland, WA 89352
July 9, 2009
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 Jim Gibson from the Best Western in Pasco. Mr. Gibson is eligible for re-
election for an additional two year term to represent Pasco.
The Tri-Cities Hotel & Lodging Association has nominated Best Western General
Manager Jim Gibson to serve an additional two year term. General Manager
Amy Riner 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.
tt,y oore
President
Tri-Cities Hotel & Lodging Association
Cc Kris Watkins—President CEO Tri-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 offdo 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 28'h, 2009
TO: Gary Crutchfiel Manager
a Regular Mtg.. 8/03/09
FROM: Rick White
Community & Economic Development Director
SUBJECT: Kurtzman Park Neighborhood Improvements
I. REFERENCE(S):
1. Vicinity Map
2. Map with estimated costs and potential phasing.
3. Proposed Resolution
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
8103: MOTION: I move to approve Resolution 1 !, setting Tuesday, September
8th, 2009 as the Public Hearing date for the purpose of creating a
Local Improvement District for infrastructure improvements in
the Kurtzman Park neighborhood.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
A. Following a public outreach effort in 2006, the City accepted the Kurtzman Park
Action Plan in early 2007. The Plan was developed as a result of neighborhood input
and established a priority system for neighborhood improvements including
infrastructure (sidewalks, curbs, gutters, street lights and in some cases utilities),
increased Code Enforcement efforts and an increased Police presence.
B. To date, approximately $300,000 in CDBG funds has been set aside from 2007/2008
allocations as a means of financing the missing infrastructure in Phase I of this
neighborhood. The cost for curb, gutter, sidewalk, street lights and street paving is
estimated at $615,000 for Phase I. CDBG funds can be used to pay assessments for
lower income residents similar to a program that is now in place for the payment of
utility LTD's. Over the next three to four years, it is expected that a combination of
additional CDBG funds from future allotments and LID strategies could also
complete these improvements for Phases II and III.
C. Two neighborhood meetings were conducted in June and July this year to explore the
level of neighborhood interest in an LID for neighborhood infrastructure in Phase I.
Almost all residents attending were interested in moving forward with the LID
process — reserving however, any written commitment until more formal cost
estimates for individual properties are known.
V. DISCUSSION:
A. The infrastructure costs shown on the attachment are preliminary estimates. Formal
cost estimates in the LID process are obtained by preparation of a preliminary
assessment roll. Most residents that attended the neighborhood meetings are
anticipating a public hearing as the first step in order to learn estimated costs and the
potential for individual CDBG assistance.
B. The phasing shown in the attachments is also preliminary. The boundaries of the
actual LID are subject to change based on public interest, engineering design of the
improvements and costs.
C. Neighborhood improvement in areas lacking or experiencing decay of infrastructure
is a Council goal for 2008/09. The use of CDBG monies can minimize the impact of
improving neighborhood infrastructure on low income households.
3(d)
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Improvements pending through LID 145
RESOLUTION NO. 311
A RESOLUTION OF THE CITY OF PASCO; DECLARING ITS
INTENTION TO CONDUCT A PUBLIC HEARING FOR THE PURPOSE OF
CREATING A LOCAL IMPROVEMENT DISTRICT FOR
INFRASTRUCTURE IMPROVEMENTS IN THE KURTZMAN PARK
NEIGHBORHOOD.
WHEREAS, the City accepted the Kurtzman Park Neighborhood Plan in January of
2007; and,
WHEREAS, the Kurtzman Park Neighborhood Plan identified needed public
infrastructure and established a priority for that infrastructure; and,
WHEREAS, the City has held two neighborhood meetings in the priority improvement
areas and the sentiment of the majority of those property owners attending was to proceed with
the Local Improvement District process; and,
WHEREAS, the public hearing provides an opportunity for property owners within the
Kurtzman Park neighborhood to express support or opposition to the formation of a Local
Improvement District for infrastructure improvements; and,
WHEREAS, staff will develop preliminary assessment figures based on Council
direction for the conduct of the public hearing;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, DOES
RESOLVE AS FOLLOWS:
That the City set the date of Tuesday, September 8, 2009 as the public hearing date for
the purpose of allowing expression of support or opposition for the creation of a Local
Improvement District for infrastructure improvements in the Kurtzman Park
neighborhood.
PASSED by the City Council of the City of Pasco this 3`d day of August, 2009.
Joyce Olson, Mayor
ATTEST: APPROVED AS TO FORM:
Sandy Kenworthy, Deputy City Clerk Leland B. Kerr, City Attorney
AGENDA REPORT
FOR: City Council June 29, 2009
TO: Gary Crutchfieldk ager Regular Mtg.: $/3/09
Rick White,
Community & Eevelopment Director
FROM: David I. McDonald, City Planner
SUBJECT: STREET VACATION: A portion of Bonneville Street and California Avenue
(MF#VAC09-011)
I. REFERENCE(S):
1. Vicinity Map
2. Proposed Ordinance
II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS:
Conduct Public Hearing:
813: MOTION: I move to adopt Ordinance No. , an Ordinance vacating
a portion of the north and south 10 feet of Bonneville Street
and a portion of the east and west 10 feet of California Avenue
and, further, to authorize publication by summary only.
III. FISCAL IMPACT:
NONE
IV. HISTORY AND FACTS BRIEF:
A. In anticipation of future street improvements, the owners of a parcel at the
intersection of Bonneville Street and California Avenue have petitioned to vacate
the excess right-of-way abutting their parcel. The planned street improvements
may be part of a future LID that will improve Bonneville Street east of Oregon
Avenue and California Street south of Broadway Boulevard.
B. The Council set August 3, 2009 as the date to consider the vacation.
V. DISCUSSION:
The proposed street vacation has been reviewed by the City Engineering Department and
the utility providers.
Qwest has requested the retention of an easement along the west side of California
Avenue.
7(a)
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WHEN RECORDED PLEASE RETURN TO:
City of Pasco
Attn: City Planner
525 North 3 T
Pasco, WA 99301
ORDINANCE NO.
AN ORDINANCE VACATING A PORTION OF THE NORTH AND SOUTH 10 FEET OF
BONNEVILLE STREET, AND A PORTION OF THE EAST AND WEST 10 FEET OF
CALIFORNIA AVENUE.
WHEREAS, a qualified petition has been submitted to the City Council of the City of Pasco
requesting vacation of certain public rights-of-way within the City of Pasco; and
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, all steps and procedures required by law to vacate said right-of-way have been duly
taken and performed; NOW,THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS
FOLLOWS:
Section 1. That the north 10 feet of Bonneville Street from the west right-of-way line of Idaho
Avenue to the west right-of-way line of California Avenue, the south 10 feet of Bonneville Street from
the west right-of-way line of Idaho Avenue to the west right-of-way line of Franklin Avenue,the west 10
feet of California Street from the south right-of-way line of Broadway Boulevard to the north right-of-
way line of Bonneville Street and the east 10 feet of California Avenue from the south right-of-way line
of Broadway Boulevard to the north right-of-way line of East George Street, Except that a 70 foot radius
shall be retained at the northwest corner of California Avenue and Bonneville Street, and Except that a 25
foot radius shall be retained on the southeast and southwest corners of California Avenue and Broadway
Boulevard, as depicted in Exhibit "1" be and the same is hereby vacated subject to the easement retained
in Section 2 below.
Section 2. That the City shall retain an easement and the right to exercise or grant easements
with respect to the west 10 feet of California Avenue vacated in Section 1 above for the construction,
repair and maintenance of public utilities and services.
Section 3. That a certified copy of this ordinance be recorded by the City Clerk of the City of
Pasco in and with the office of the Auditor of Franklin County, Washington.
Section 4. This ordinance shall take full force and effect five (5) days after approval,passage and
publication as required by law.
PASSED by the City Council of the City of Pasco, this 3rd day of August,2009.
Joyce Olson
Mayor
ATTEST: APPROVED AS TO FORM:
Debra L. Clark Leland B. Kerr
City Clerk City Attorney
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AGENDA REPORT
FOR: City Council July 28, 2009
TO: Gary Crutchfield, nager Regular Mtg.: 8/3109
Rick White, fQV
Community & Economic evelopment Director
FROM: Shane O'Neill, Planner I
SUBJECT: SPECIAL PERMIT: Location of an Auto Body shop in a C-3 District. {MF#
SP09-004)
I. REFERENCE(S):
1. Report to Planning Commission
2. Planning Commission Minutes: Dated 7/16/2009
3. Proposed Resolution
II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS:
4/6: MOTION: I move to approve Resolution No. approving the
special permit for the location of an Auto Body shop at 1603
West Lewis Street, as recommended by the Planning
Commission.
III. FISCAL IMPACT:
NONE
IV. HISTORY AND FACTS BRIEF:
A. On July 16, 2009, the Planning Commission conducted a public hearing to
determine whether or not to recommend a special permit for an Auto Body shop
at 1603 West Lewis Street.
B. Following conduct of a public hearing, the Planning Commission reasoned that
with conditions, it would be appropriate to recommend approval of a special
permit for the location of an Auto Body shop in a C-3 Zoning District. The
recommended conditions are contained in the attached July 16, 2009 Planning
Commission report and in the attached Resolution.
C. No written appeal of the Planning Commission's recommendation has been
received.
8(a)
REPORT TO PLANNING COMMISSION
MASTER FILE NO: SP09-004 APPLICANT: Gustavo Oliva
HEARING DATE: 7/ 16/09 8205 W 10th Avenue
ACTION DATE: 7/ 16/09 Kennewick, WA 99336
BACKGROUND
REQUEST: SPECIAL PERMIT: Location of an auto body repair shop in a
C-3 (General Business) zone.
1. PROPERTY DESCRIPTION:
Legal: Lots 1-4 Block 7, Helm's 1St Add. together with Lots 1-3
Block 6, Helm's 2nd Add. with the east '/2 of the adjacent vacated
alley.
General Location: 1603 West Lewis Street
Property Size: Approximately 0.317 acres
2. ACCESS: The site has access from 15th Avenue and West Lewis
Street.
3. UTILITIES: Municipal water and sewer lines are located in West
Lewis Street.
4. LAND USE AND ZONING: Surrounding zoning and land use is as
follows:
NORTH- C-1- two vacant lots and an office building
SOUTH- C-3- auto repair auto detailing and auto sales
EAST- C-3- auto body shop
WEST- C-3- office and restaurant
5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the
site for commercial development. Comprehensive Plan policy LU-4-
B encourages concentration of commercial activities, which are
functionally and economically beneficial.
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 property in question has been zoned C-3 for 30+ years and has been
used for automotive services for many years. The most recent use of the
property has been for auto detailing. The applicant proposes to expand
the auto detailing service to include auto body work. Due to the
hazardous and sometimes obnoxious nature of auto body shops they are
permitted only in the industrial zones. Auto body shops may be
permitted in C-3 zones after review through the special permit process.
The C-3 zoning district permits more intensive land uses than those
generally found in other commercial districts. For example automotive
sales and service and heavy machinery sales and service are permitted
uses in the C-3 zone.
The general area around the proposed site at the corner of 1501 Avenue
and West Lewis Street is used predominately for automotive businesses.
Within 400 feet of the site there are two car sales lots, a detail shop an
automotive repair shop and an auto body shop.
Auto body properties often become repositories for damaged car and
truck parts. The site currently does not have a screen area in which
parts and damaged vehicles can be screened from public view. Auto
body shop can also produce fumes and odors that impact adjoining
properties.
The special permit process provides an opportunity to review proposed
land uses to determine whether or not conditions can be applied to
mitigate any possible negative impacts to surrounding uses. In the case
of an auto body shop, sight screening, proper use of spray booths and
ventilation equipment can all be used to lessen negative impacts to
adjoining properties.
FINDINGS OF FACT
Findings of fact must be entered from the record. The following are
initial findings drawn from the background and analysis section of the
staff report. The Planning Commission may add additional findings to
this listing as the result of factual testimony and evidence submitted
during the open record hearing.
1. The site is zoned C-3.
2. Automobile sales and service is a permitted use in the C-3 zone.
2
3. Heavy machinery sales and service is a permitted use in the C-3
zone.
4. The site was previously used for automobile sales and service.
5. The site is located within the Pasco Urban Growth Boundary.
6. Per the Growth Management Act urban development is to be
encouraged within Urban Growth Boundaries (CP.2.2 Policy 1. (B).
7. The Comprehensive Plan identifies the site for future commercial
development.
8. The site is not a designated critical area.
9. An auto body shop is located directly east of the proposed site.
10. An Automotive repair shop, automotive detailing shop and two car
sales lots are located nearby.
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 Comprehensive Plan designates the proposed site for commercial
development. The Comprehensive Plan encourages urban
development within the Pasco Urban Growth Boundary. The
proposal involves the establishment of a commercial business.
Comprehensive Plan policy LU-4-B encourages concentration of
commercial activities, which are functionally and economically
beneficial. The proposed use is functionally similar to other
automotive related business located around the site.
2) Will the proposed use adversely affect public infrastructure?
The proposed auto body shop will utilize existing infrastructure
consistent with its intended use.
3) Will the proposed use be constructed, maintained and operated
to be in harmony with existing or intended character of the
general vicinity?
3
No construction is proposed as part of this application. The existing
character of the surrounding area is automotive in nature. All
surrounding properties currently contain commercial businesses.
The proposed use will support and further the established character
of the surrounding area.
41 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?
No exterior construction is proposed as part of this application. The
existing structure is similar in height and shape to neighboring
structures. Other nearby uses on Lewis Street consist of automotive
shops and uses matching auto body repair. These existing uses
have not discouraged development on other properties.
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?
Nearby properties include uses identical or similar to the proposed
auto body use. The proposed use will be operated in a manner
similar to nearby businesses. A heavy machinery sales and service
business, which is a permitted use in the C-3 zoning district, could
generate more noise and vibrations than the proposed use. The
operations of the proposed auto body shop will not be objectionable
to surrounding automotive related businesses. However, by nature
auto body shops can generate loud noises during normal business
hours which may be disruptive to occupants of neighboring
properties. Additionally, automotive paint spray booths equipped
with the necessary filtration systems may produce fumes found to be
objectionable by occupants of neighboring properties. By reason of
fumes and noise this use may be more objectionable than retail
businesses (i.e. book stores, cafe's or hotel/motels) also permitted in
a C-3 zoning district.
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 grinding, sanding, banging, welding, and painting of vehicles
creates noise, fumes, vibrations and dust that can become nuisance
to nearby dwelling units. The use of flammable materials associated
with auto body shops and fumes from painting can create a safety
4
concerns for nearby properties. These concerns are address by
proper installation of a code required spray booth and ventilation
system.
RECOMMENDATION*
* Note: (Staff is recommending this application be
completed in one meeting due to the application being
delayed as the result of misfiling)
MOTION for Findings of Fact: I move to adopt findings of
fact and conclusions therefrom as contained in the July 16,
2009 staff report.
MOTION for Recommendation: I move based on the findings
of fact and conclusions there from, the Planning Commission
recommend the City Council approve a special for the location
of an automotive body shop at 1603 West Lewis Street.
1) The special permit is personal to the applicant;
2) An International Building Code (IBC) approved spray
booth, spray equipment and paint ventilation equipment
must be installed in the building;
3) No painting, priming or grinding shall occur outside a
building;
4) No outdoor frame straightening or other equipment is
permitted;
5) No outdoor storage of parts or damaged vehicles shall be
visible from West Lewis Street or surrounding properties.
6) Fencing meeting the following standards must be installed
around all outdoor storage areas parallel with and no
further south than the front of the building on Lewis
Street.
i. Outdoor storage and trash collection areas shall be
completely screened from all adjacent properties and
public rights-of-way;
ii. Any barbed wire fencing shall be constructed to
comply with C-1 standards (only one strand of barbed
5
wire is permitted along the top rail or within 2 inches
of the top rail).
7) The special permit shall be null and void if a building
permit for required spray booths and associated
ventilation has not been obtained by April 30, 2010.
6
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PLANNING COMMISSION MINUTES
7/16/09
A. SPECIAL PERMIT Location of an Autobody shop in a C-3 Zone
(1603 W. Lewis Street) (Gustavo Oliva) (MF#
SP09-004)
Chairman Samuel read the master file number and asked for comments from
staff.
Staff stated the applicant had applied for a special permit for an auto body
shop in a C-3 General Business zone at 1603 W. Lewis Street. Staff reviewed
the surround zoning and land uses which included auto sales, auto repair,
auto detailing, and an auto body shop. Staff reviewed the balance of the written
report for the benefit of the Planning Commission.
Chairman Samuel explained that state law required testimony in quasi-judicial
hearings such as held by the Planning Commission be given under oath or
affirmation. Chairman Samuel swore in all those desiring to speak.
After three calls for public comment and no response, the public hearing was
closed.
Chairman Samuel asked staff questions about lighting, noise, parking, disposal
of waste, hours of operation and fumes.
Commissioner Cruz stated Condition 3 referred to no painting, priming or
grinding outside the building which addressed the noise and fume generating
items. A current IBC approved spray booth would emit cleaner air than the
surrounding air. Lighting was not an issue due to proximity (distance) to
residential units.
Commissioner Little asked about past experiences where the applicant was not
present.
Staff stated there have been a few cases in the past where the Planning
Commission had moved forward with an application without the applicant
being present.
Commissioner Hay stated he agreed with Commissioner Little that the Planning
Commission should table the item due to the absence of the applicant.
Staff further stated the report to the Planning Commission was mailed to the
applicant which explained the recommended approval conditions. Additionally
one of the staff members also had a phone conversation with the applicant
recently and the applicant had no issues with the report or recommended
conditions.
Chairman Samuel asked about Condition 6 which referred to fencing.
Staff stated there was a fence along the back alley however there is no sight
screened enclosure on the property. The concern was that auto body shops
often have car parts, broken fenders and so forth that are outside the building
which need to be contained in a sight screened bull pen.
Chairman Samuel asked if there was a chain link fence on the front of the
property.
Staff stated there was a fence on the rear and side of the property.
Chairman Samuel asked if it would be reasonable to provide additional details
to the design, height and material of the fence.
Commissioner Cruz stated the condition stated the fence was to be completely
screened. Most other body shops contain opaque screening versus a block wall
fence, etc. Commission Cruz wanted to move forward on this item.
Staff stated the fence must be completely screened. Staff also explained PMC
Title 12 addresses lighting. PMC Title 9 addresses noise. Fumes will be
controlled by an IBC certified spray booth and waste disposal is addressed by
the regulation dealing with solid waste management.
Commissioner Hay moved, seconded by Commissioner Schouviller, to adopt
findings of fact and conclusions as contained in the July 16, 2009 staff report.
The motion passed unanimously.
Commissioner Hay further moved, seconded by Commissioner Schouviller,
based on the findings of fact and conclusions there from, the Planning
Commission recommend the City Council approve a special permit for the
location of an automotive body shop at 1603 West Lewis S-,seet. The motion
passed unanimously.
RESOLUTION NO.
A RESOLUTION ACCEPTING THE PLANNING COMMISSIONS'
RECOMMENDATION AND APPROVING A SPECIAL PERMIT FOR THE
LOCATION OF AN AUTO BODY SHOP AT 1603 WEST LEWIS STREET.
WHEREAS, Gustavo Oliva submitted an application for a Special Permit for the
location of an Auto Body Shop at 1603 West Lewis Street on May 1, 2009; and,
WHEREAS, the Planning Commission held a public hearing on July 16, 2009 to
review the proposed Auto Body Shop application.
WHEREAS, following deliberations the Planning Commission recommended
approval of a Special Permit for the location of an Auto Body Shop at 1603 West Lewis
Street with certain conditions;
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO:
1. That a Special Permit is hereby granted to Gustavo Oliva for the location of an
Auto Body Shop at 1603 West Lewis Street (Parcel # 112-215-095) under Master
File# SP09-004 with the following conditions:
a) The special permit is personal to the applicant;
b) An International Building Code (IBC) approved spray booth, spray
equipment and paint ventilation equipment must be installed in the
building;
C) No painting, priming or grinding shall occur outside a building;
d) No outdoor frame straightening or other equipment is permitted;
e) No outdoor storage of parts or damaged vehicles shall be visible from
West Lewis Street or surrounding properties.
f) Fencing meeting the following standards must be installed around all
outdoor storage areas parallel with and no further south than the front of
the building on Lewis Street.
i. Outdoor storage and trash collection areas shall be completely
screened from all adjacent properties and public rights-of-way;
ii. Any barbed wire fencing shall be constructed to comply with C-1
standards (only one strand of barbed wire is permitted along the top
rail or within 2 inches of the top rail).
g) The special permit shall be null and void if a building permit for required
spray booths and associated ventilation has not been obtained by April 30,
2010.
Passed by the City Council of the City of Pasco this 3rd day of August, 2009.
Joyce Olson, Mayor
ATTEST: APPROVED AS TO FORM:
Sandy L. Kenworthy, Deputy City Clerk Leland B. Kerr, City Attorney