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HomeMy WebLinkAbout2012.09.04 Council Meeting PacketAGENDA PASCO CITY COUNCIL Regular Meeting 7:00 p.m. September 4, 2012 The Council Meeting will take place on Tuesday, September 4 as City Hall will be closed Monday, September 3 in honor o/Zabor Day. 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 August 20, 2012. (b) Bills and Communications: (A detailed listing of claims is available for review in the Finance Manager's office.) To approve General Claims in the amount of $1,082,845.44 ($222,013.34 in the form of Electronic Fund Transfer Nos. 11086, 11104 and 11280; and $860,832.10 in the form of Claim Warrants numbered 189199 through 189367). To approve Payroll Claims in the amount of $2,218,857.69, Voucher Nos. 44570 through 44770 and 80180 through 80189; and EFT Deposit Nos. 30053799 through 30054399. (c) Traffic Signal Controller Replacement Plan: 1. Agenda Report from Ahmad Qayoumi, Public Works Director dated August 21, 2012. 2. Professional Services Agreement. To approve the Professional Services Agreement with Kittelson & Associates, Inc., authorizing professional services with respect to the Traffic Signal Controller Replacement Plan, not to exceed $19,972.97 and, further, authorize the Mayor to sign the agreement. *(d) Final Plat (MF #FP2012 -002) Northwest Commons PUD Phase 6: 1. Agenda Report from Dave McDonald, City Planner dated August 27, 2012. 2. Overview Map. 3. Vicinity Map. 4. Final Plat (Council packets only; copy available for public review in the Planning office, the Pasco Library or on the city's webpage at www.pasco-wa.Rov/citycouncilreport approve the final plat for Northwest Commons PUD Phase 6. *(e) Final Plat (MF #FP2012 -005) L &H Addition: 1. Agenda Report from Dave McDonald, City Planner dated August 27, 2012. 2. Overview Map. 3. Vicinity Map. 4. Final Plat (Council packets only; copy available for public review in the Planning office, the Pasco Library or on the city's webpage at www. nasco- wa.eov /citvcouncilrepor -t To approve the final plat for L &H Addition. (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 the City Council for "Yard of the Month," August 2012. 1. Meriel Michelson, 1110 Astor Way 2. Michele Mantello, 800 Road 36 3. Chris and Tami Jorgenson, 6709 W. Octave Street 4. Richard Highstreet, 4223 Galway Lane Regular Meeting 2 September 4, 2012 (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 the City Council for "Business of the Month Appearance Award" for August 2012. 1. Dental West, 4710 Broadmoor Blvd. 5. VISITORS - OTHER THAN AGENDA ITEMS: (a) (b) (c) 6. REPORTS FROM COMMITTEES AND /OR OFFICERS: (a) Verbal Reports from Councilmembers (b) (c) 7. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: Q(a) Rezone Appeal (MF #Z2012 -001) R -1 and C -1 to R -3 on N. Charles Avenue (Pasco Family Housing). 1. Agenda Report from Dave McDonald, City Planner dated August 27, 2012. 2. Vicinity Map. 3. Record of the Remand Proceedings (Council previously received a full transcript of the original Planning Commission hearing. This reference contains the record of the Planning Commission 2nd remand hearing dated 8/22/12 and is only included in the Council packets; copies are available for public review in the Planning office, the Pasco Library or on the City's webpage at www. nasco- wa.eov /citycouncilrenorts). 4. Proposed Ordinance. CONDUCT A CLOSED RECORD HEARING Ordinance No. , an Ordinance of the City of Pasco, Washington, amending the zoning classification of property located in Block 2 and 3, Whitehouse Addition from R -1 (Low Density Residential) and C -1 (Retail Commercial) to R -3 (Medium-Density Residential) with a concomitant agreement. MOTION: I move to adopt Ordinance No. , rezoning the property from R -1 and C -1 to R- 3 with a concomitant agreement as recommended by the Planning Commission and, further, authorize publication by summary only. 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: (a) Pasco Municipal Code Title 3 Updates. 1. Agenda Report from Dunyele Mason, Finance Manager dated August 23, 2012. 2. Proposed Ordinance. 3. Proposed Resolution. Ordinance No. , an Ordinance of the City of Pasco, Washington updating Title 3 "Revenue and Finance" by repealing Chapter 3.48 "Claims Fund "; Chapter 3.81 "Contingency Fund'; Chapter 3.114 "General Fixed Asset Fund'; Chapter 3.119 "Local Narcotics Control Program Fund "; Chapter 3.124 "Metropolitan Controlled Substances Group Seizure Fund "; Chapter 3.128 "Bi- Centennial Fund "; Chapter 3.129 "Public Facilities District Fund ": and Section 2.22.070 "Fund Established'; and, enacting Chapter 3.134 "Street Overlay Fund'; Chapter 3.135 "Martin Luther King Community Center Fund "; Chapter 3.136 "City View Cemetery Fund "; Chapter 3.137 "Golf Course Fund "; Chapter 3.138 "Multi Modal Fund'; Chapter 3.139 "Special Assessment Lodging Fund "; Chapter 3.140 "Litter Abatement Fund "; Chapter 3.141 "LID Debt Service Fund "; Chapter 3.142 "Voted Debt Service Fund "; Chapter 3.143 "Cemetery Endowment Fund "; Chapter 3.144 "Old Fire Pension Fund" (OPEB); Chapter 3.145 "Old Fire Pension Fund "; and Chapter 3.146 "Agency Fund'; and amending Chapter 3.90 "Community Development Block Grant Trust Fund." MOTION: I move to adopt Ordinance No. , authorizing amendment of Pasco Municipal Code Title 3 to remove, add and update various sections relating to definitions of city fund and, further, authorize publication by summary only. -AND - Resolution No. , a Resolution authorizing the transfer of fund balances from certain funds now closed (Contingency Fund, Bi- Centennial Fund and Landfill Remediation Fund) to the General Fund. MOTION: I move to approve Resolution No. _, authorizing the transfer of fund balances from certain funds now closed (Contingency Fund, Bi- Centennial Fund, and Landfill Remediation Fund) to the General Fund. Regular Meeting 3 September 4, 2012 (b) Resolution No. , a Resolution accepting a notice of intent (ten percent petition) to commence annexation proceedings, providing a determination on the territory to be annexed and whether simultaneous zoning and the assumption of bonded indebtedness will be required. 1. Agenda Report from Dave McDonald, City Planner dated August 20, 2012. 2. Overview Map. 3. Vicinity Map. 4. Proposed Resolution. 5. Notice of Intent to Commence Annexation. MOTION: I move to approve Resolution No. _, accepting a petition for annexation of the Commercial Avenue/Kahlotus Highway Area and providing a determination on the boundary, zoning and indebtedness. Q *(c) Resolution No. , a Resolution accepting the Planning Commission's recommendation and approving a Special Permit for a church at 5252 Outlet Drive. 1. Agenda Report from Shane O'Neill, Planner I dated August 29, 2012. 2. Vicinity Map. 3. Proposed Resolution. 4. Report to Planning Commission. 5. Planning Commission Minutes dated 7/26/12 and 8/22/12. MOTION: I move to approve Resolution No. , approving a Special Permit for the location of a church in a C -1 (Retail Business) zone at 5252 Outlet Drive. Q *(d) Resolution No. , a Resolution accepting the Planning Commission's recommendation and approving a Special Permit for a church (Bethel) at 5202 Outlet Drive. 1. Agenda Report from Shane O'Neill, Planner I dated August 29, 2012. 2. Vicinity Map. 3. Proposed Resolution. 4. Report to Planning Commission. 5. Planning Commission Minutes dated 7/26/12 and 8/22/12. MOTION: I move to approve Resolution No. , approving a Special Permit for the location of a church in a C -1 (Retail Business) zone at 5202 Outlet Drive. Q *(e) Resolution No. , a Resolution accepting the Planning Commission's recommendation and approving a special permit for the location of an elementary school. 1. Agenda Report from Dave McDonald, City Planner dated August 27, 2012, 2. Vicinity Map. 3. Proposed Resolution. 4. Report to Planning Commission. 5. Planning Commission Minutes dated 7/26/12 and 8/22/12. MOTION: I move to approve Resolution No. , approving a Special Permit for an elementary school at the southwest comer of Powerline Road and Road 52 as recommended by the Planning Commission. 9. UNFINISHED BUSINESS: (None) 10. NEW BUSINESS: *(a) Award City Hall Roof Repair and Recover, Project #C5- PF- 8R- 12 -04: 1. Agenda Report from Michael Pawlak, City Engineer dated August 28, 2012. 2. Vicinity Map. 3. Bid Summary. (RC) MOTION: I move to award the low bid for the City Hall Roof Repair and Recover project to Leslie & Campbell, Inc., to include Alternates 1 and 2 with the Base Bid, in the amount of $205,516.00, plus applicable sales tax and, further, authorize the Mayor to sign the contract documents. 11. MISCELLANEOUS DISCUSSION: (a) (b) (c) 12. EXECUTIVE SESSION: (a) Real Estate Value (b) (c) Regular Meeting 4 September 4, 2012 13. ADJOURNMENT. (RC) Roll Call Vote Required * Item not previously discussed MF# "Master File 4...... Q Quasi - Judicial Matter REMINDERS: 12:00 p.m., Wednesday, September 5, 2601 N. Capitol Avenue — Franklin County Mosquito Control District Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; AL YENNEY, Alt.) 2. 5:30 p.m., Thursday, September 6, P &R Classroom — Parks & Recreation Advisory Board Meeting. (COUNCILMEMBER SAUL MARTINEZ, Rep.; MIKE GARRISON, Alt.) MINUTES REGULAR MEETING PASCO CITY COUNCIL AUGUST 20, 2012 CALL TO ORDER: The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor. ROLL CALL: Councilmembers present: Rebecca Francik, Mike Garrison, Robert Hoffmann, Tom Larsen, Saul Martinez, Matt Watkins and Al Yenney. Staff present: Stan Strebel, Deputy City Manager; Leland Kerr, City Attorney; Richard Terway, Administrative & Community Services Director; Rick White, Community & Economic Development Director; Ahmad Qayoumi, Public Works Director and Bob Metzger, Police Chief. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: (a) Approval of Minutes: Minutes of the Pasco City Council Meeting dated August 6, 2012 (b) Bills and Communications: To approve General Claims in the amount of $1,941,812.06 ($204,626.10 in the form of Electronic Fund Transfer Nos. 10896, 10902, 10912, 10926, 11004 and 11019; and $1,737,185.96 in the form of Wire Transfer Nos. 1234 through 1237 ; and Claim Warrants numbered 188993 through 189198). 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 $194,540.16 and, of that amount, authorize $142,300.71 be turned over for collection. (c) Right -of -Way Dedication for a Portion of Pearl Street and Road 40 (MF #DEED2012 -004): To accept the deed from Guadalupe and Elida Gonzalez for a portion of right -of -way for Pearl Street and Road 40. (d) Resolution No. 3417, a Resolution approving the 2013 NSP Program Year Allocation and Annual Work Plan and Amending the 2012 NSP Program Year Work Plan. To approve Resolution No. 3417, approving the 2013 NSP Allocations and Annual Work Plan and amending the 2012 NSP Work Plan. (e) Resolution No. 3418, a Resolution approving the Program year 2013 Community Development Block Grant Allocations and Annual Work Plan. To approve Resolution No. 3418, approving the 2013 CDBG Allocations and Annual Work Plan. Removed from Consent Agenda and moved to Item 8(c) — Ordinances and Resolutions. (f) Resolution No. 3419, a Resolution amending the 2012 Federal CDBG Allocations and Annual Work Plan. To approve Resolution No. 3419, amending the CDBG 2012 Allocation and Annual Work Plan. (g) Resolution No. 3420, a Resolution approving Federal HOME work Plan Allocation for Program Year 2013. 3(a).1 MINUTES REGULAR MEETING PASCO CITY COUNCIL AUGUST 20, 2012 To approve Resolution No. 3420, approving the 2013 HOME Allocation and Annual Work Plan. (h) Resolution No. 3421, a Resolution of the City of Pasco, Washington, waiving competitive bidding requirements for the purchase of City Hall boilers on the basis of an emergency, and providing for purchase from the single source of supply. To approve Resolution No. 3421, waiving competitive bidding requirements for the purchase of City Hall boilers on the basis of an emergency, and providing for purchase from the single source of supply. MOTION: Ms. Francik moved to approve the Consent Agenda as amended. Mr. Martinez seconded. Motion carried by unanimous Roll Call vote. REPORTS FROM COMMITTEES AND /OR OFFICERS: Mr. Yenney attended the Benton - Franklin Council of Governments Board meeting and participated in the Benton Franklin Fair & Rodeo Grand Parade. Mr. Hoffmann commented on the General Fund Operating Statement through July 2012. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: Ordinance No. 4071, an Ordinance of the City of Pasco, Washington Repealing Section 2.42.480 "Members of the Same Family." MOTION: Ms. Francik moved to adopt Ordinance No. 4071, amending Chapter 2.42 of the Pasco Municipal Code and, further, authorize publication by summary only. Mr. Martinez seconded. Motion carried unanimously. Resolution No. 3422, a Resolution accepting work performed by A &B Asphalt, Inc., under contract for the LID #148 — Kurtzman Park Street Improvements, project No. C2- 10- 81 -STR. MOTION: Ms. Francik moved to approve Resolution No. 3422, accepting the work performed by A &B Asphalt, Inc., under contract for the LID # 148 — Kurtzman Park Street Improvements Project. Mr. Martinez seconded. Motion carried unanimously. Resolution No. 3418, a Resolution approving the Program year 2013 Community Development Block Grant Allocations and Annual Work Plan. MOTION: Ms. Francik moved to approve Resolution No. 3418, approving the 2013 CDBG Allocations and Annual Work Plan. Mr. Martinez seconded. Council and staff discussed the allocations. MOTION: Mr. Yenney moved to amend line 16 of Attachment 1, 2013 CDBG Fund Summary, Kurtzman Spray Park, to add `and construction' to the description. Mr. Martinez seconded. Motion carried unanimously. Original motion, as amended, carried unanimously. ADJOURNMENT: There being no further business, the meeting was adjourned at 7:12 p.m. APPROVED: Matt Watkins, Mayor ATTEST: Debra L. Clark, City Clerk PASSED and APPROVED this 4 `" day of September, 2012. CITY OF PASCO Council Meeting of: September 4, 2012 Accounts Payable Approved The City Council City of Pasco, Franklin County, Washington undersigned, do hereby certify under penalty of perjury that the materials have been furnished, the rrendereq,pr a bor performed as described herein and that the claim is a just, due and unpaid 3ligatiogAgainst lh city and that we are authorized to authenticate and certify to said claim. unyele Ma n, Finance Services Manager We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this 4th day of September, 2012 that the merchandise or services hereinafter specified have been received: Check Numbers and 189199 - 189367 In The Amount Of: $860,832.10 Electronic Funds Transfers: In The Amount Of: $ 222,013.34 Electronic Funds Transfers: 11086,11104 (Journal Entries) 11280 Combined total of $1,082,845.44 Councilmember GENERALFUND: Legislative Judicial Executive Police Fire Administration & Community Services Community Development Engineering Non - Departmental Library TOTAL GENERAL FUND: Councilmember SUMMARY OF CLAIMS BY FUND: STREET ARTERIAL STREET STREET OVERLAY C. D. BLOCK GRANT HOME CONSORTIUM GRANT NSP GRANT KING COMMUNITY CENTER AMBULANCE SERVICE CEMETERY ATHLETIC PROGRAMS GOLF COURSE SENIOR CENTER OPERATING MULTI MODAL FACILITY RIVERSHORE TRAIL & MARINA MAIN SPECIAL ASSESSMNT LODGING LITTER CONTROL REVOLVING ABATEMENT TRAC DEVELOPMENT & OPERATING PARKS STADIUM /CONVENTION CENTER GENERAL CAP PROJ CONSTRUCTION WATER /SEWER EQUIPMENT RENTAL - OPERATING GOVERNMENTAL EQUIPMENT RENTAL - OPERATING BUSINESS EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL EQUIPMENT RENTAL - REPLACEMENT BUSINESS MEDICAUDENTAL INSURANCE CENTRALSTORES PAYROLL CLEARING LID CONSTRUCTION PUBLIC. FACILITIES DIST TRI CITY ANIMAL CONTROL SENIOR CENTER ASSOCIATION GRAND TOTAL ALL FUNDS: J r r. 273,586.58 15,303.70 0.00 0.00 24.66 5,056.88 220.91 286.89 8,212.21 5,111.98 17,215.96 65,888.46 3,519.02 671.90 781.19 0.00 39,621.38 0.00 0.00 50,356.60 122.40 $ 1,082,845.44 3(b).1 CITY OF PASCO Payroll Approval The City Council City of Pasco Franklin County, Washington The follov/irfy is a sypl(iary of ayroll claims against the City of Pasco for the month of August 2012 w ch ire p sented her with for your review and approval. Council Meeting of: September 4, 2012 Rick Terway, Administrative & Community Services Director 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. 44570 through 44770 and 80180 through 80189 and EFT deposit No's. 30053799 through 30054399 and City contributions in the aggregate amount of $2,218,857.69 are approved for payment on this 4th day of September 2012. Councilmember Councilmember SUMMARY OF PAYROLL BY FUND GENERALFUND: 44,187.94 Legislative $ 7,873.94 Judicial 82,967.63 Executive 67,498.40 Police 611,329.87 Fire 294,066.23 Administrative & Community Services 380,889.61 Community Development 86,615.37 Engineering 108,062.57 TOTAL GENERAL FUND 1.639.303.62 CITY STREET 44,187.94 BLOCK GRANT 6,210.82 HOME CONSORTIUM 2,568.72 NSP 322.99 MARTIN LUTHER KING CENTER 6,039.60 AMBULANCE SERVICE FUND 165,610.44 CEMETERY 12,239.94 ATHLETIC FUND 1,390.78 SENIOR CENTER 13,999.11 STADIUM OPERATIONS 0.00 MULTI -MODAL FACILITY 0.00 BOAT BASIN 0.00 REVOLVING ABATEMENT FUND 0.00 TASK FORCE 0.00 WATER/SEWER 291,898.32 EQUIPMENT RENTAL - OPERATING 28,231.49 OLD FIRE PENSION FUND 6,853.92 GRAND TOTAL ALL FUNDS $ 2,218,857.69 Payroll Summary Net Payroll 1,032,782.54 Employee Deductions 610,996.13 Gross Payroll 1,643,778.67 City of Pasco Contributions 575,079.02 Total Payroll $ 2,218,857.69 3(b).2 AGENDA REPORT NO. 13 FOR: City Council August 21, 2012 TO: Gary Crutchfie Manager FROM: Ahmad Qayou i, Public Works Director Workshop Mtg.: 08/27/12 Regular Mtg.: 09/03/12 SUBJECT: Traffic Signal Controller Replacement Plan I. REFERENCE(S): Professional Services Agreement II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 8/27: Discussion 9/03: MOTION: I move to approve the Professional Services Agreement with Kittelson & Associates, Inc., authorizing professional services with respect to the Traffic Signal Controller Replacement Plan, not to exceed $19,972.97 and further, authorize the Mayor to sign the agreement. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) Staff has been gathering data for existing inventory of the City's signal infrastructure. The inventory determined that the City has 50 traffic signals with 41 of the signals with over 20 to 40 year old controllers. The technology is outdated and they cannot be repaired in the event they are broken. B) The controllers have been requiring constant repair due to age. During the past few weeks' thunder storms, we lost a number of signals which created a flood of complaints. The traffic signal technology has progressed to be more traffic responsive to improve flow and capacity. C) It is Staff s goal to outline the needed improvements to accomplish the following: a. Update to improved controllers. The old controllers are technologically obsolete and cannot be repaired. Other local cities and cities nationally are converging to 2070 type controllers that are advanced and have been tested and proven. This is the type of controller in use at Argent and Saraceno, the Columbia Basin College entrances. b. Outline improvements to the signal head and pedestrian signal heads. c. Communication between signals that are key to improve traffic flow in a corridor (i.e. Rd. 68). d. Ability to count traffic to remotely check the status of an intersection performance or signal timing. e. Traffic monitoring center to help Staff and Police Department. V. DISCUSSION: A) Staff negotiated scope of work and budget with Kittelson & Associates, Inc., for the amount of $19,972.97. The scope of work will include tasks such as a review of inventory and condition of existing signal systems, communication options, and upgrade implementation development. B) Staff recommends award of a Professional Services Agreement to Kittelson & Associates, Inc. 3(c) PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into between the City of Pasco, hereinafter referred to as the "City ", and Kittelson & Associates, Inc. hereinafter referred to as the "Consultant ". WHEREAS, the City desires to engage the professional services and assistance of a consulting firm to provide engineering and consulting services with respect to the Mini - Master Plan. NOW, THEREFORE, in consideration of mutual benefits accruing, it is agreed by and between the parties hereto as follows: 1. Scope of work. The scope of work shall include all services and material necessary to accomplish the above mentioned objectives in accordance with Exhibit A. 2. Ownership and use of documents. All research, tests, surveys, preliminary data and any and all other work product prepared or gathered by the Consultant in preparation for the services rendered by the Consultant shall not be considered public records, provided, however, that: A. All final reports, presentations and testimony prepared by the Consultant shall become the property of the City upon their presentation to and acceptance by the City and shall at that date become public records. B. The City shall have the right, upon reasonable request, to inspect, review and, subject to the approval of the Consultant, copy any work product. C. In the event that the Consultant shall default on this Agreement, or in the event that this contract shall be terminated prior to its completion as herein provided, the work product of the Consultant, along with a summary of work done to date of default or termination, shall become the property of the City and tender of the work product and summary shall be a prerequisite to final payment under this contract. The summary of work done shall be prepared at no additional cost, if the contract is terminated through default by the contractor. If the contract is terminated through convenience by the City, the City agrees to pay contractor for the preparation of the summary of work done. 3. Payments. The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the work. A. Payment for work accomplished under the terms of this Agreement shall be on a time and material basis as set forth on the fee schedule found in Exhibit A, provided, in no event shall the payment for all work performed pursuant to this Agreement exceed the sum of $19,972.97 without approval from the City. B. All vouchers shall be submitted by the Consultant to the City for payment pursuant to the terms of this Agreement. The City shall pay the appropriate amount for each voucher to the Consultant. The Consultant may submit vouchers to the City monthly during the progress of the work for payment of completed phases of the project. Billings shall be reviewed in conjunction with the City's warrant process. C. The costs records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City for a period of three (3) years after final payment. Copies shall be made available upon request. 4. Time of performance. The Consultant shall perform the work authorized by this Agreement promptly and by February 28, 2013. 5. Hold harmless agreement. In performing the work under this contract, the Consultant agrees to defend the City, their officers, agents, servants and employees (hereinafter individually and collectively referred to as "Indemnitees "), from all suits, claims, demands, actions or proceedings, and to the extent permissible by law, indemnify and hold harmless the Indemnitees from: A. All damages or liability of any character including in part costs, expenses and attorney fees, based upon, any negligent act, error, or omission of Consultant or any person or organization for whom the Consultant may be responsible, and arising out of the performance of professional services under this Agreement; and B. All liability, loss, damage, claims, demands, costs and expenses of whatsoever nature, including in part, court costs and attorney fees, based upon, or alleged to be based upon, any act, omission, or occurrence of the Consultant or any person or organization for whom the Consultant may be responsible, arising out of, in connection with, resulting from or caused by the performance or failure of performance of any work or services under this Agreement, or from conditions created by the Consultant performance or non - performance of said work or service. 6. General and professional liability insurance. The Consultant shall secure and maintain in full force and effect during performance of all work pursuant to this contract a policy of comprehensive general liability insurance providing coverage of at least $500,000 per occurrence and $1,000,000 aggregate for personal injury; $500,000 per occurrence and aggregate for property damage; and professional liability insurance in the amount of $1,000,000. Such general liability policies shall name the City as an additional insured and shall include a provision prohibiting cancellation of said policy, except upon thirty (30) days written notice to the City. The City shall be named as the certificate holder on the general liability insurance. Certificates of coverage shall be delivered to the City within fifteen (15) days of execution of this Agreement. 7. Discrimination prohibited. Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, age, sex, national origin or physical handicap. 8. Consultant is an independent contractor. The parties intend that an independent contractor relationship will be created by this Agreement. No agent, employee or representative of the Consultant shall be deemed to be an agent, employee or representative of the City for any purpose. Consultant shall be solely responsible for all acts of its agents, employees, representatives and subcontractor during the performance of this contract. 9. City .approval. Notwithstanding the Consultant's status as an independent contractor, results of the work performed pursuant to this contract must meet the approval of the City. 10. Termination. This being an Agreement for professional services, either party may terminate this Agreement for any reason upon giving the other party written notice of such termination no fewer than ten (10) days in advance of the effective date of said termination. 11. Integration. The Agreement between the parties shall consist of this document and the Consultant's proposal attached hereto. These writings constitute the entire Agreement of the parties and shall not be amended except by a writing executed by both parties. In the event of any conflict between this written Agreement and any provision of Exhibit A this Agreement shall control. 12. Non - waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 13. Non - assignable. The services to be provided by the contractor shall not be assigned or subcontracted without the express written consent of the City. 14. Covenant against contingent fees. The Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award of making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 15. General Provisions. For the purpose of this Agreement, time is of the essence. Should any dispute arise concerning the enforcement, breach or interpretation of this Agreement, venue shall be placed in Franklin County, Washington, the laws of the State of Washington shall apply, and the prevailing parties shall be entitled to its reasonable attorney fees and costs. 16. Notices. Notices to the City of Pasco shall be sent to the following address: City of Pasco P, O. Box 293 Pasco, WA 99301 Notices to the Consultant shall be sent to the following address: Kittelson & Associates, Inc. 610 SW Alder Street, Suite 700 Portland, OR 97205 Receipt of any notice shall be deemed effective three (3) days after deposit of written notice in the U. S. mails, with proper postage and properly addressed. DATED THIS DAY OF .2012 CITY OF PASCO CONSULTANT Matt Watkins, Mayor ATTEST Debbie Clark, City Clerk Chris Brehmer, Principal Engineer APPROVED AS TO FORM Leland B. Kerr, City Attorney Exhibit A Scope for City of Pasco Signal & Communication Concept Plan ( "Mini- Master Plan ") Proiect Tasks: Review and comment on the existing conditions inventory /summary completed by City of Pasco staff. • Identify signal systems (hardware, software, communications) in use by neighboring agencies to evaluate their experiences and potential for cross - jurisdiction communication or resource sharing. • WSDOT South Central Region • Cities of Kennewick & Richland • Identify up to two options for signal hardware /software, assess pros and cons of each option and provide a summary in tabular format to the City. • Participate in a conference call with City staff to discuss the signal hardware /software options. A recommendation will be identified based on the outcome of the conference call. • Summarize communication options, including benefits and planning level costs, for communications between traffic signals and to the traffic management center (TMC). This task will focus on connections and mediums, not on specifics of sizing and exact equipment locations. Refer to the contingency task for preliminary, design -level communications plan, if desired. The following options will be reviewed: • Peer -to -Peer corridor communications: Identify up to two options for peer -to -peer interconnect between signal controllers on each key corridor. The options are assumed to include wireless and wired (copper or fiber). • Local to TMC: Identify up to three options for communication systems from the corridors /signals back to the TMC. It is assumed the options will be (1) fiber backhaul, copper local communications with Ethernet switches to local, vs. (2) wireless central to hub to local, or (3) a hybrid of the wireless, copper, and fiber. • Develop a concept -level implementation plan for upgrades and locations; along with planning - level cost estimates & features summary for preferred signal hardware /software and communications. • Summarize typical anticipated City staffing needs depending on the signal and communication system selected. Meet with City of Pasco staff in Portland to review the draft implementation plan elements (assumes one meeting in Portland). • Provide guidance and mark ups to City to support City -led mapping /graphics illustrating concept level communications options (up to 6 hours of support assumed). • Prepare a PowerPoint presentation summarizing the signal & communication concept plan suitable for City Council use, outlining costs /benefits and options, as well as staff recommendation, and next steps. • Prepare for and attend a meeting in Pasco with City staff and support or lead a technical summary presentation to the City Council. On the same day, complete a site visit to review recommendations and implementation plan on the ground. Contingency Tasks (Cost to be determined as needed): • Summarize and provide recommendation between up to 3 candidate signal software /hardware traffic signal systems. This option should only be necessary if particular features desired by the City are not available in their current traffic signal system or If the controller options being evaluated do not include a central system that fully meets the potential needs of the City. • Develop a formal communication infrastructure concept. This would include an architecture plan, concept communication design /routing plan to each major corridor; as well as communication elements necessary to connect to the central signal office station and other locations (such as the police) that may need a TMC terminal. This will require interactions with City Information Technology and potentially other service providers in Pasco. • Development of a long -range Intelligent Transportation Systems (ITS) plan. This would include a planning level review of potential locations for ITS devices such as variable message signs, pan - tilt -zoom (PTZ) surveillance cameras, speed and travel time monitoring, etc. Deliverable Options (* indicates recommended deliverables assumed in above scope): *One Meeting in Portland — $1,200 *One Meeting in Pasco (2 KAI staff) — $4,000 Maps /Graphics —City to lead, KAI will provide guidance and red -line markups *PowerPoint summary with maps /graphics (suitable for council) — $2,000 Summary technical memorandum (draft and final) - $4,000 Project Budget Form Plplect Number. 12839 Project Name: Peeve Signal Master Plan Project Manager: $Mq Date: 8232012 LABOR ESTIMATE Rate Table. Ri imburasbloa Multiplier Consultant Multiplier: Jan I I TASK REIMBURSABLES ESTIMATE e 2 25 24 11 7 6 18 22 1.5 2012 1.00 1.00 TASK COST $1,064 $266 $3,315 $3,604 $1.612 $868 $672 $2,466 $3,551 $80 $391 Item Existing conditlons review 2 2 Unit Cost Units 4 1 Communication (ea 124.5 Outreach on signals and comm $8.00 2 $88830 2 Mileage 430 site visit& meeting In Pas= from PDX $0,510 Signal hardware /saPware recommend &implaml plan 4 10 1 600 10 $0.510 mile $306.00 Communications recommend &implemt plan B 10 $15.00 6 $30.00 5 Aft-fare Meeting win Pasco staff In PDX 4 4 person 3 Lodging City staffing plan 1 2 7 Meals 4 meals for two. $50.00 day Graphic markups 8 2 4 total 9 Prepare summary powemoinl 4 a $200.00 Intersection 8 10 DVDs Pasco Trip, meehnp with staff, council, she visit 10 12 it Repots $30.00 Accounting 12 1.5 Senior Review 2 Pho,ml Mane amen 3- 1 TOTAL HOURS 35 55 1 2 1 1.5 37 LABOR RATE 5195.74 3132.BA $160.56 $63-361 $101,661 5123.87 LABOR ESTIMATE b6,850.90 5].30620 5373.12 580.03 $3761.42 REIMBURSABLES ESTIMATE e 2 25 24 11 7 6 18 22 1.5 2012 1.00 1.00 TASK COST $1,064 $266 $3,315 $3,604 $1.612 $868 $672 $2,466 $3,551 $80 $391 Item Description Quantity Explanation Unit Cost Units COST 1 Communication (ea 124.5 $8.00 MI hour $88830 2 Mileage 430 site visit& meeting In Pas= from PDX $0,510 mile $219.30 3 Mileage 600 site visit& meeting In Pasco from 8O1 $0.510 mile $306.00 4 Parking 2 $15.00 day $30.00 5 Aft-fare $300.00 person 6 Lodging $125.00 person 7 Meals 1 meals for two. $50.00 day $5D00 8 Tuba Counts $950.00 total 9 Traffic counts(2- permnp $200.00 Intersection 10 DVDs $15.00 IOlersec8on it Repots $30.00 12 13 at a quote, especially It the site Is not local. 1.601.7P AGENDA REPORT FOR: City Council August 27, 2012 TO: Gary Crutchfie anager Regular Mtg.: 9/4/12 Rick White, r Community & F}conomic Development Director bd` FROM: David I. McDonald, City Planner SUBJECT: FINAL PLAT (MF# FP 2012 -002) Northwest Commons PUD Phase 6. I. REFERENCE(S): 1. Overview Map 2. Vicinity Map 3. Final Plat (Council packets only; copy available for public review in the Planning office, the Pasco Library or on the city's webpage at ht!p://www.pasco- wa.gov/eitycouncilrgports). II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 9/4: MOTION: I move to approve the final plat for Northwest Commons PUD Phase 6. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. City Council previously approved a preliminary plat for Northwest Commons. The developer is now seeking final plat approval. B. The Northwest Commons subdivision is a single - family residential development located east of Road 52 and north of Sandifur Parkway. V. DISCUSSION: A. Prior to approval of a final plat, the developer is to either install all infrastructure or post a bond or other instrument that secures the financing for the infrastructure improvements. In this case, the developer has completed most of the improvements and has provided the City with a bond in an amount sufficient ($42,493.00) to cover the costs of outstanding improvements. B. The final plat shows and contains information on primary control points, tract boundaries, dimensions, bearings, lot numbers and other necessary engineering data. In addition, the plat contains the required descriptions, dedication and acknowledgment, and approval sections. 3(d) AGENDA REPORT FOR: City Council TO: Gary Crutchfield,�yager Rick White, 'rte! t3 an Community & EIonomic Development Director 4A FROM: David I. McDonald, City Planner VVVVVV SUBJECT: FINAL PLAT (MF# FP 2012 -005) L &H Addition I. REFERENCE(S): August 27, 2012 Regular Mtg.: 9/4/12 1. Overview Map 2. Vicinity Map 3. Final Plat (Council packets only; copy available for public review in the Planning office, the Pasco Library or on the city's webpage at httn://www.pasco- wa. oQ v /citycouncilrenorts). II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 9/4: MOTION: I move to approve the final plat for L &H Addition. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. City Council previously approved a preliminary plat for L &H Addition (formerly called Sun View Estates). The developer is now seeking final plat approval. B. The L &H Addition is a 21 lot residential development located in the 3300 block of West Wemett Road. V. DISCUSSION: A. Prior to approval of a final plat, the developer is to either install all infrastructure or post a bond or other instrument that secures the financing for the infrastructure improvements. In this case, the developer has completed most of the improvements and has provided the City with a bond in an amount sufficient (S 12,500.00) to cover the costs of outstanding improvements. B. The final plat shows and contains information on primary control points, tract boundaries, dimensions, bearings, lot numbers and other necessary engineering data. In addition, the plat contains the required descriptions, dedication and acknowledgment, and approval sections. 3(e) z U / Y O / O m / w N . Q Z£ adOb W ££ avom cW � ^ Z P1 w U ti£ avom / s£ aeon L-L T-1 I 1 � a s£ adoa AGENDA REPORT FOR: City Council August 27, 2012 TO: Gary Crutchfie 't anager Regular Mtg.: 9/4/12 Rick White, Community & Fconomic Development Director`✓ al I FROM: David McDonald, City Planner Y SUBJECT: REZONE APPEAL (MF# Z2012 -001): R -1 and C -1 to R -3 on N. Charles Ave. (Pasco Family Housing) I. REFERENCE(S): 1. Vicinity Map 2. Record of the remand proceedings* 3. Proposed Ordinance * (The Council previously received a full transcript of the original Planning Commission hearing. Reference #2 contains the record of the Planning Commission 2 °d remand hearing (8/22/12) and is only included in the Council packets; copies are available for public review in the Planning office, the Pasco Library or on the City's webpage at http: / /www.pasco -wa. og v /citvcouncilreyorts) II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: A. CONDUCT A CLOSED RECORD HEARING: 9/4: Motion: I move to adopt Ordinance # , rezoning the property from R -1 and C -1 to R -3 with a concomitant agreement as recommended by the Planning Commission and, further, authorize publication by summary only. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. On May 7, 2012 the City Council held a closed record hearing to consider an appeal filed on a zoning recommendation for approximately 3.5 acres in the 200- 300 block of North Charles Avenue. B. Following the closed record hearing the Council remanded the matter to the Planning Commission for additional review relating to the potential impacts of multi -story structures in proximity to Charles Avenue and to address the potential impact of the rezone on the Pasco School District. C. The matter was remanded a second time (July 23, 2012) to the Planning Commission for consideration of the impacts of two -story buildings on single story houses along the east side of Charles Avenue. 7(a) V. DISCUSSION: A. On August 22, 2012 the Planning Commission reviewed options of addressing the concerns about possible impacts of two -story buildings on the single story houses. The options reviewed are as follows: • Limiting development on the site or portions of the site to one story • Limit all buildings built at the setback line to one story with two -story 25 foot buildings permitted to be built 40 feet from the front property line and three -story 35 foot buildings to be built 60 feet from the front property line • Limit building heights to 25 feet matching the permitted building height in the neighborhood. • Limit building heights to 25 feet and require trees to be planted in the setback area every 50 feet to create an aesthetic visual barrier between the apartment buildings and Charles Avenue. • Limit building heights to 25 feet south of George Street and require a 40 foot minimum setback for any building over one -story north of George Street. B. Following their discussion on August 22, 2012 the Planning Commission recommended the property in question be rezoned from C -1 and R -1 to R -3 with a concomitant agreement prohibiting access from Charles Avenue and limiting the height of buildings to 25 feet. C. Should Council wish to approve an option other than the one recommended by the Planning Commission action on the matter should be tabled until the September 17`h meeting. This will give Staff time to prepare a revised ordinance including having the applicant sign a new concomitant agreement reflecting the option selected by Council. WHEN RECORDED, PLEASE RETURN TO: City of Pasco Attn: City Planner 525 N. Third Avenue Pasco, WA 99301 ORDINANCE NO. AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING THE ZONING CLASSIFICATION OF PROPERTY LOCATED IN BLOCK 2 AND 3, WHITEHOUSE ADDITION FROM R -1 (LOW DENSITY RESIDENTIAL) AND C -1 (RETAIL COMMERCIAL) TO R -3 (MEDIUM - DENSITY RESIDENTIAL) WITH A CONCOMITANT AGREEMENT. WHEREAS, a complete and adequate petition for change of zoning classification has been received and an open record hearing having been conducted by the Pasco Planning Commission upon such petition; and, WHEREAS, that the effect of the requested change in zoning classification shall not be materially detrimental to the immediate vicinity; and, WHEREAS, based upon substantial evidence and demonstration of the Petitioner, that: (A) the requested change for the zoning classification is consistent with the adopted Comprehensive Plan; (B) the requested change in zoning classification is consistent with or promotes the goals and objectives of the Comprehensive Plan serving the general public interest in the community; and (C) there has been a change in the neighborhood or community needs or circumstances warranting the requested change of the zoning classification; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. That the Zoning Ordinance for the City of Pasco, Washington, and the Zoning Map, accompanying and being part of said Ordinance shall be and hereby is changed from R -1 (Low Density Residential) and C -1 (Retail Business) to R -3 (Medium- Density Residential) for the real property as shown in the Exhibit "I " attached hereto and described as follows: All of Block 3, Whitehouse Addition (parcel # 112071026) and lots 1 I to 17 Block 2, and lots 18 to 24 Block 2, Whitehouse Addition together with the adjacent vacated 10' of Alvina Street (parcel # 112072098) Section 2. That the change of a zoning classification as provided in Section I is contingent and conditioned upon execution of and compliance with a Concomitant Agreement entered into between the Petitioner and the City which will attach to and run with the real property described in Section I above. Said Concomitant Agreement is attached to this Ordinance as Exhibit No "2 ". Section 3. 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 this 4 °i day of September, 2012. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney K( D- 12 II bJJ 0 Con 0 •p dR al vo ao " N cN U M iT -T _� -_Ml [_ �LLI1 i� I] -EE a" SVI!Jnoa C 'Lj =� N3MOr U -- F -11 DTI 3" H3338 7s � R j CW9Q�LW LU 0 3" 3HL3M� J] -- �L -J L1m LLH W F-- tn �Op� rin �a Mp�N p�E LU 7s � R j CW9Q�LW LU 0 3" 3HL3M� J] -- �L -J L1m LLH W F-- tn �Op� rin �a Mp�N p�E "Exhibit 2" CONCOMITANT ZONING AGREEMENT WHEREAS, the City of Pasco, Washington, a non - charter code city, under the laws of the State of Washington (Chapter 35A.63 R.C.W. and Article 11, Section 11 of the Washington State Constitution) has authority to enact laws and enter into agreements to promote the health, safety and welfare of its citizens, and thereby control the use and development of property within its jurisdiction; and WHEREAS, the Owner(s) of certain property have applied for a rezone of such property described below within the City's jurisdiction; and WHEREAS, the City pursuant to R.C.W. 43.12(c), the State Environmental Policy Act, should mitigate any adverse impacts which might result because of the proposed rezone; and WHEREAS, the City of Pasco and the Owner(s) are both interested in compliance with the Pasco Municipal Code provisions relating to the use and development of property situated in the City of Pasco, described as follows: ALL of BLOCK 3, WHITEHOUSE ADDITION (Parcel # 112071026) and LOTS 11 TO 17 BLOCK 2, and LOTS 18 TO 24 BLOCK 2, WHITEHOUSE ADDITION TOGETHER WITH THE VACATED 10' OF ALVINA STREET (Parcel # 112072098) WHEREAS, the Owner(s) have indicated willingness to cooperate with the City of Pasco, its Planning Commission and Planning Department to insure compliance with the Pasco Zoning Code, and all other local, state and federal laws relating to the use and development of the above described property; and WHEREAS, the City, in addition to civil and criminal sanctions available by law, desires to enforce the rights and interests of the public by this concomitant agreement, NOW, THEREFORE, In the event the above- described property is rezoned by the City of Pasco to R -3 (Medium Density Residential) and in consideration of that event should it occur, and subject to the terms and conditions hereinafter stated, the applicant does hereby covenant and agree as follows: 1. The Owner(s) promise to comply with all of the terms of the agreement in the event the City, as full consideration herein grants a rezone on the above - described property. 2. The Owner(s) agrees to perform the terms set forth in Section 4 of this agreement. 3. This agreement shall be binding on their heirs, assigns, grantees or successors in interest of the Owner(s) of the property herein described. 4. Conditions: a. No driveways or vehicular access shall be permitted from North Charles Avenue. b. Building heights shall be limited to 25 feet. The person(s) whose names are subscribed herein do hereby certify that they are the sole holders of fee simple interest in the above-described property: property: p " STATE OF WASHINGTON) ) ss. County of Franklin ) On this 24'1 day of &AhE , 2012, before me, the undersigned, duly commissioned and sworn, personally appeared �v .h f- ptyhn y J&7 PAZ a to me known to be the individual(s) 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 the uses and purposes therein mentioned, and on oath stated that he /she /they is /are authorized to execute the said instrument. �— GIVEN under by hand and official seal this 2 day of J1 1 G 2012. MfTptt off co CTON ', I IN %��U���� Y residing at Ak. My Commission and W the State of Washington AGENDA REPORT FOR: City Council August 23, 2012 TO: Gary Crutchfield, City Manager Workshop Mtg.: 8/27/12 Rick Terway, Director, Admin & Comw Services Regular Mtg.: 9/4/12 FROM: Dunyele Mason, Financial Services Manager & � SUBJECT: Pasco Municipal Code Title 3 Updates I. REFERENCE(S): 1. Proposed Ordinance 2. Proposed Resolution H. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 8/27: Discussion 9/4: MOTION: I move to adopt Ordinance No. , authorizing amendment of Pasco Municipal Code Title 3 to remove, add and update various sections relating to definitions of city fund and, further, authorize publication by summary only. MOTION: I move to adopt Resolution No. , authorizing the transfer of fund balances from certain funds, now closed, (Contingency Fund, Bi- Centennial Fund and Landfill Remediation Fund) to the General Fund. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) The city's financial systems, activities and Generally Accepted Accounting Principles (GAAP) definitions have evolved over the last several years. The city has started new activities (e.g. golf course) and has ceased to operate others (such as the Local Narcotics Control Program). GAAP has recently changed the definition of what activities can be placed into certain fund types (e.g. special revenue funds must have an on -going source of special revenue). Financial systems changes have eliminated the need for some funds (i.e. Claims Fund). Some funds benefit from keeping the books as a "fund" level but from budgetary and external reporting purposes make sense to consider as one fund (e.g. each LID issue need not be reported as separate funds for Budget and CAFR purposes; but are useful to keep control over restricted activities for bookkeeping purposes). The recommended changes would provide updated and consistent authority for reporting various city activities. V. DISCUSSION: A) In order to update Pasco Municipal Code Title 3 to reflect current activities, the following changes are necessary for the accounting funds to be reflected in the legal, reportable (Budget and CAFR) funds as indicated below. Also changes are included to specifically identify the flow of funds assumptions by fund in Title 3 to ease administration of GASB 54 new definitions of fund balance restrictions: 1. Remove the following funds by repealing the following PMC Chapters: • PMC 3.48 Claims Fund (Discontinued) • PMC 3.81 Contingency (Discontinued) • PMC 3.114 General Fixed Asset Fund (Does not meet fund definition) • PMC 3.119 Local Narcotics Control Program (Discontinued) • PMC 3.124 Metro Controlled Substance Group Seizure Fund (Discontinued) • PMC 3.128 Bi- Centennial (Discontinued) • PMC 3.129 Pasco Public Facility District (included in Agency) 8(a) 2. Create (Amend) the following funds by adding/amending the following PMC Chapters: • PMC 2.22 Firemen's Pension Fund (Amend): 2.22.070 included in Chapters 3.144 and 3.145 • PMC 3.90 (Amend): Include Home and NSP Programs as well as CDBG. • PMC 3.134 Street Overlay Fund • PMC 3.135 MLK Community Center Fund • PMC 3.136 City View Cemetery Fund • PMC 3.137 Golf Course Fund • PMC 3.138 Multi Modal Fund • PMC 3.139 Special Assessment Lodging Fund • PMC 3.140 Litter Abatement Fund • PMC 3.141 LID Debt Service Fund • PMC 3.142 Voted Debt Service Fund • PMC 3.143 Cemetery Endowment Fund • PMC 3.144 Old Fire Pension (OPEB) Fund • PMC 3.145 Old Fire Pension Fund • PMC 3.146 Agency Fund 3. GAAP has defined fund balances to be split into the following types: • Nonspendable — not cash in form • Restricted — restricted by external requirements • Committed — council action to spend (separate from budget action) • Assigned — city manager or budget action for specific purpose • Unassigned — amounts available for any purpose Authorize the transfer of fund balances as of January 1, 2012 for funds that are closing as follows: • Transfer $172,826 from Contingency Fund to General Fund as Unassigned. • Transfer $6,264 from the Bi- Centennial Fund to General Fund as Restricted. • Transfer $401,091 from Landfill Remediation Fund to General Fund as Committed. B) Staff recommends approval of the proposed Ordinance and Resolution. ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington, Updating Tide 3 "Revenue and Finance" by Repealing Chapter 3.48 "Claims Fund ", Chapter 3.81 "Contingency Fund ", Chapter 3.114 "General Fixed Asset Fund ", Chapter 3.119 "Local Narcotics Control Program Fund ", Chapter 3.124 "Metropolitan Controlled Substances Group Seizure Fund ", Chapter 3.128 "Bi- Centennial Fund ", Chapter 3.129 "Public Facilities District Fund ", and Section 2.22.070 "Fund Established "; Enacting Chapter 3.134 "Street Overlay Fund ", 3.135 "Martin Luther King Community Center Fund ", Chapter 3.136 "City View Cemetery Fund ", Chapter 3.137 "Golf Course Fund ", Chapter 3.138 "Multi Modal Fund ", Chapter 3.139 "Special Assessment Lodging Fund ", Chapter 3.140 "Litter Abatement Fund ", Chapter 3.141 "LID Debt Service Fund ", Chapter 3.142 "Voted Debt Service Fund ", Chapter 3.143 "Cemetery Endowment Fund ", Chapter 3.144 "Old Fire Pension Fund (OPEB) ", Chapter 3.145 "Old Fire Pension Fund "; and Chapter 3.146 "Agency Fund "; and Amending Chapter 3.90 "Community Development Block Grant Trust Fund." WHEREAS, the City's financial systems, activities and Generally Accepted Accounting Principles (GAAP) definitions have evolved over the last several years; and WHEREAS, the City has began new activities and ceased to engage in other activities which would require some funds to be closed and others opened resulting in a needed update to the Chapters contained in Title 3 of the Pasco Municipal Code; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Chapter 3.48 entitled "Claims Fund" of the Pasco Municipal Code shall be and hereby is repealed in its entirety. Section 2. That Chapter 3.81 entitled "Contingency Fund" of the Pasco Municipal Code shall be and hereby is repealed in its entirety. Section 3. That Chapter 3.114 entitled "General Fixed Asset Fund" of the Pasco Municipal Code shall be and hereby is repealed in its entirety. Section 4. That Chapter 3.119 entitled "Local Narcotics Control Program Fund" of the Pasco Municipal Code shall be and hereby is repealed in its entirety. Ordinance Amending Title 3 - t Section 5. That Chapter 3.124 entitled "Metropolitan Controlled Substances Group Seizure Fund" of the Pasco Municipal Code, shall be and hereby is repealed in its entirety. Section 6. That Chapter 3.128 entitled "Bi- Centennial Fund" of the Pasco Municipal Code, shall be and hereby is repealed in its entirety. Section 7. That Chapter 3.129 entitled "Public Facilities District Fund" of the Pasco Municipal Code, shall be and hereby is repealed in its entirety. Section 8. That Section 2.22.070 entitled "Fund Established" of the Pasco Municipal Code relating to the Fireman's Pension System, shall be and hereby is repealed in its entirety. Section 9. That a new Chapter 3.134 entitled "Street Overlay Fund" of the Pasco Municipal Code, shall be and hereby is created as shall read as follows: CHAPTER 3.134 STREET OVERLAY FUND Sections: 3.134.010 FUND CREATED/USE. 3,134.010 FUND CREATED/USE. A fund, to be known as the "Street Overlay Fund," is hereby created for the purpose of accounting for funds received, disbursed or expended in conjunction with the City Street Overlay Program. The purpose of this fund is to preserve the city's investment in streets by regularly resurfacing existing city streets to extend their useful lives and thereby avoid more costly street rehabilitation programs. Revenues for this fund are generated through a council approved allocation of external business utility taxes and interfund utility taxes. Expenditures are for costs of street resurfacing activities. The flow of funds assumption is that restricted revenues are spent on a specific identification basis. Section 10. That a new Chapter 3.315 entitled "Martin Luther King Community Center Fund" of the Pasco Municipal Code, shall be and hereby is created and shall read as follows: CHAPTER 3.135 MARTIN LUTHER KING COMMUNITY CENTER FUND Sections: 3.135.010 FUND CREATED/USE. 3.135.010 FUND CREATED/USE. A fund, to be known as the "Martin Luther King Center Fund," is hereby created for the purpose of accounting for funds received, disbursed or expended in conjunction with the Martin Luther King Community Center. Revenues typically come from rentals, grants, and transfers from the general fund. Expenditures are used to maintain the facility and the programs operating therein. The flow of funds assumption is that restricted revenues are spent on a specific identification basis. Ordinance Amending Title .3 - 2 Section 11. That a new Chapter 3.136 entitled "City View Cemetery Fund" of the Pasco Municipal Code, shall be and hereby is created and shall read as follows: CHAPTER 3.136 CITY VIEW CEMETERY FUND Sections: 3.136.010 FUND CREATED/USE. 3.136.010 FUND CREATEDIUSE. A fund, to be known as the "City View Cemetery Fund;" is hereby created for the purpose of accounting for funds received, disbursed or expended in conjunction with the City View Cemetery facility. Revenues are generated through fees and charges. Expenditures are for the cost of operating the facility and purchasing items for resale. The flow of funds assumption is that restricted revenues are spent on a specific identification basis. Section 12. That a new Chapter 3.137 entitled "Golf Course Fund" of the Pasco Municipal Code, shall be and hereby is created and shall read as follows: CHAPTER 3.137 GOLF COURSE FUND Sections: 3.137.010 FUND CREATED/USE. 3.137.010 FUND CREATED/USE. A fund, to be known as the "Golf Course Fund," is hereby created for the purpose of accounting for funds received, disbursed or expended in conjunction with the Sun Willows Golf Course. The flow of funds assumption is that restricted revenues are spent on a specific identification basis. Section 13. That a new Chapter 3.138 entitled "Multi Modal Fund" of the Pasco Municipal Code shall be and hereby is created and shall read as follows: CHAPTER 3.138 MULTI MODAL FUND Sections: 3.138.010 FUND CREATED/USE. 3.138.010 FUND CREATED/USE. A fund, to be known as the "Multi Modal Fund," is hereby created for the purpose of accounting for the funds received, disbursed or expended in conjunction with the Multi Modal Facility. The flow of funds assumption is that restricted revenues are spent on a specific identification basis. Ordinance Amending Tide 3 - 3 Section 14. That a new Chapter 3.139 entitled "Special Assessment Fund" of the Pasco Municipal Code shall be and hereby is created and shall read as follows: CHAPTER 3.139 SPECIAL ASSESSMENT LODGING FUND Sections: 3.139.010 FUND CREATED/USE. 3.139.010 FUND CREATED/USE. A fund, to be known as the "Special Assessment Lodging Fund," is hereby created for the purpose of accounting funds received, disbursed or expended in conjunction with special assessment lodging and related revenues. The flow of funds assumption is that restricted revenues are spent on a specific identification basis. Section 15. That a new Chapter 3.140 entitled "Litter Abatement Fund" of the Pasco Municipal Code shall be and hereby is created and shall read as follows: CHAPTER 3.140 LITTER ABATEMENT FUND Sections: 3.140.010 FUND CREATEDIUSE. 3.140.010 FUND CREATEDIUSE. A fund, to be known as the "Litter Abatement Fund," is hereby created for the purpose of accounting for Litter funds received, disbursed or expended in conjunction with carrying out this program. The flow of funds assumption is that restricted revenues are spent on a specific identification basis. Section 16. That a new Chapter 3.141 entitled "LID Debt Service Fund of the Pasco Municipal Code shall be and hereby is created and shall read as follows: CHAPTER 3.141 LID DEBT SERVICE FUND Sections: 3.141.010 FUND CREATED/USE 3.141.010 FUND CREATED/USE. A fund, to be known as the "LID Debt Service Fund," is hereby created for the purpose of accounting for LID assessments, payments of debt service and reserves. The flow of funds assumption is that restricted revenues are spent on a specific identification basis. Section 17. That a new Chapter 3.142 entitled "Voted Debt Service Fund" of the Pasco Municipal Code shall be and hereby is created and shall read as follows: Ordinance Amending Title 3 - 4 CHAPTER 3.142 VOTED DEBT SERVICE FUND Sections: 3.142.010 FUND CREATED/USE. 3.142.010 FUND CREATED/USE. A fund, to be known as the "Voted Debt Fund," is hereby created for the purpose of accounting for resources from property taxes, debt service payments on debt incurred through voter approval and other related resources and disbursements. The flow of funds assumption is that restricted revenues are spent on a specific identification basis. Section 18. That a new Chapter 3.143 entitled "Cemetery Endowment Fund" of the Pasco Municipal Code shall be and hereby is created and shall read as follows: CHAPTER 3.143 CEMETERY ENDOWMENT FUND Sections: 3.143.010 FUND CREATED/USE. 3.143.010 FUND CREATED/USE. A fund, to be known as the "Cemetery Endowment Fund," is hereby created for the purpose of accounting for charges and resources, permanently set aside. The interest on those resources is available for spending to maintain the cemetery. The flow of funds assumption is that restricted revenues are spent on a specific identification basis. Section 19. That a new Chapter 3.144 entitled "Old Fire Pension Fund - Other Post Employment Benefits (OPEB)" of the Pasco Municipal Code shall be and hereby is created and shall read as follows: CHAPTER 3.144 OLD FIRE PENSION FUND -OTHER POST EMPLOYMENT BENEFITS (OPEB) Sections: 3.144.010 FUND CREATED/USE. 3.144.010 FUND CREATED/USE. A fund, to be known as the "Old Fire Pension Fund -Other Post Employment Benefits (OPEB)," is hereby created for the purpose of accounting for resources earned or set aside to pay for other post - employment benefit expenses for members of the Old Fire Pension system as well as other associated disbursements. The flow of funds assumption is that restricted revenues are spent on a specific identification basis. Section 20. That a new Chapter 3.145 entitled "Old Fire Pension Fund" of the Pasco Municipal Code shall be and hereby is created and shall read as follows: Ordinance Amending Title 3 5 CHAPTER 3.145 OLD FIRE PENSION FUND Sections: 3.145.010 FUND CREATED/USE. 3.145.010 FUND CREATED/USE. A fund, to be known as the "Old Fire Pension Fund," is hereby created for the purpose of accounting for resources earned or set aside to pay for pension benefit expenses and other related costs for members of the Old Fire Pension system. The flow of funds assumption is that restricted revenues are spent on a specific identification basis. Section 21. That a new Chapter 3.146 entitled "Agency Fund" of the Pasco Municipal Code shall be and hereby is created and shall read as follows: CHAPTER 3.146 AGENCY FUND Sections: 3.146.010 FUND CREATED /USE. 3.146.010 FUND CREATED/USE. A fund, to be known as the "Agency Fund," is hereby created for the purpose of accounting for resources received that do not belong to the city, but which are held in agency by the city on behalf of others. Section 22. That Chapter 3.90 entitled "Community Development Block Grant Trust Fund" of the Pasco Municipal Code shall be and hereby is amended to read as follows: CHAPTER 3.90 COMMUNITY DEVELOPMENT BLOC GRANTS TRUST FUND Sections: 3.90.010 CREATED. 3.90.020 PURPOSE. 3.90.030 EXPENDITURES. 3.90.010 CREATED. A fund of the City is established which shall be known as the "Community Development Rleek Grants Txast Fund." (Ord. 17473 Sec. 1, 1976.) 3.90.020 PURPOSE. The fund is to provide for the proper receipting and disbursement of grant moneys as set forth by the Department of Housing and Community Development (H.U.D.) and other granting agencies and which are administered by the Community and Economic Development Division. (Ord. 1773 Sect. 2, 1976.) 3.90.030 EXPENDITURES. Expenditures may be made from the Community Development bleelF Grants trust Fund by transfer or check to pay claims as may be authorized by Ordinance Amending Title 3 - 6 the City Manager and are approved by the City Council, and are in accordance with erantor requirements. The flow of funds assum tion is that the use of funds is specifically identified by individual gran t. (Ord. 3557 Sec. 58, 2002; Ord. 1773 Sec. 3, 1976.) Section 23. All other Chapters of Title 3 "Revenue and Finance" not specifically repealed nor amended above, shall remain in full force and effect. Section 24. 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 _ day of 2012. Matt Watkins, Mayor ATTEST: Debbie Clark, City Clerk Ordinance Amending Title 3 - 7 APPROVED AS TO FORM: Leland B. Kerr, City Attorney RESOLUTION NO. A RESOLUTION AUTHORIZING THE TRANSFER OF FUND BALANCES FROM CERTAIN FUNDS NOW CLOSED, (CONTINGENCY FUND, BI- CENTENNIAL FUND AND LANDFILL REMEDIATION FUND) TO THE GENERAL FUND. WHEREAS, the City Council of the City of Pasco has taken action to close the Contingency, Bi- Centennial and Landfill Remediation funds and fund balances exist in those funds, NOW, THEREFORE, THE CITY OF PASCO, WASHINGTON HEREBY RESOLVES AS FOLLOWS: 1. The Financial Services Manager of the City of Pasco is hereby authorized and directed to make the following interfund transfers effective January 1, 2012 as follows: (A) Transfer $172,826 from Contingency Fund to General Fund as Unassigned. (B) Transfer $6,264 from the Bi- Centennial Fund to General Fund as Restricted. (C) Transfer $401,091 from Landfill Remediation Fund to General Fund as Committed. PASSED by the City Council of the City of Pasco, Washington, this 4h day of September 2012. SIGNED in authentication of its passage this 0 day of September 2012. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debra Clark, City Clerk Leland B. Kerr, City Attorney AGENDA REPORT FOR: City Council August 20, 2012 TO: Gary Crutchfield, City Manager Workshop Mtg.: 8/27/12 Rick White, I/�/� ,l Regular Mtg.: 9/4/12 Community & Economic Development Directory FROM: David 1. McDonald, City Planner SUBJECT: Annexation: Commercial Ave/ Kahlotus Highway MF# ANX2012 -003 I. REFERENCE(S): I. Overview Map 2. Vicinity Map 3. Proposed Resolution 4. Notice of Intent to Commence Annexation H. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 8/27/12: DISCUSSION 9/4/12: MOTION: I move to approve Resolution No. , accepting a petition for annexation of the Commercial Ave /Kahlotus Highway Area and providing a determination on the boundary, zoning and indebtedness. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A. Property owners in the Commercial Avenue /Kahlotus Highway area east of SR -12 (see attachments) have submitted a notice of intent to initiate annexation to the city. B. Staff has been working with the property owners of the proposed annexation area for some time now in an effort to facilitate the expansion of a food processing plant in the area and to encourage additional industrial /commercial growth around the SR -12 Interchange. The City has undertaken considerable utility planning for the area and has completed the major boring under SR -12 to provide both water and sewer to the area. Future planning includes the extension of 12 and 16 inch water lines in Commercial Avenue to provide system looping with the King City/Columbia East area and to provide service to the proposed annexation area. The water line extension project has been included in the City's Capital Improvement Plan (CIP). Other projects in the CIP include a sewer lift station to be installed on the north side of the Kahlotus Highway and connected to a previously installed force main that was part of the boring project. The lift station along with other planned gravity lines (include in the CIP for 2013) will service about 2,000 acres on the east side of SR -12 including the proposed annexation area. IV. DISCUSSION: A. The petition method of annexation requires the Council to hold a public meeting upon receipt of a notice of intent to begin the annexation to determine: 1) Whether the city will accept or require modification of the proposed annexation area; 2) Whether the city will require simultaneous adoption of zoning; and, 3) Whether the city will require the property to assume all or a portion of existing city indebtedness. The proposed resolution has been prepared following past practices of accepting the proposed annexation area without requiring simultaneous zoning or the assumption of bonded indebtedness. Zoning will be established following property owner notification and a public hearing held (by the Planning Commission) separately from a Council hearing on the future annexation. 8(b) Vicinity Item: Commercial/Kahlotus Annexation Applicant: Several Owners Map N File #• At TxTyI012 003 it - . F' •` -. ,.:: :. ��4— ____��� \ - �� '�'• " . { =Rya1 �1'. �, �„ ofd�♦�,���N d'I [poll 1D_I3 �, • �' Legend City Limits Annexation Area J'¢ ^rte AP 'J it - . F' •` -. ,.:: :. ��4— ____��� \ - �� '�'• " . { =Rya1 �1'. �, �„ ofd�♦�,���N d'I [poll 1D_I3 �, • �' Legend City Limits Annexation Area J'¢ RESOLUTION NO. A RESOLUTION ACCEPTING A NOTICE OF INTENT (TEN PERCENT PETITION) TO COMMENCE ANNEXATION PROCEEDINGS, PROVIDING A DETERMINATION ON THE TERRITORY TO BE ANNEXED AND WHETHER SIMULTANEOUS ZONING AND THE ASSUMPTION OF BONDED INDEBTEDNESS WILL BE REQUIRED. WHEREAS, the owners of property east of SR 12 and southerly of the Kahlotus Highway have filed a Notice of Intent to annex to the City of Pasco; and WHEREAS, the City Council of the City of Pasco has reviewed the Notice of Intent and has determined annexation of the territory would support the provision of municipal services within the Pasco Urban Growth Area and is in the best interest of the Pasco community; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, DOES RESOLVE AS FOLLOWS: A) That the City will accept the proposed territory to be annexed as described in Exhibit "A" and depicted in Exhibit `B" attached hereto. B) That the territory to be annexed will not require simultaneous adoption of zoning regulations. Zoning will be determined through a public hearing process with input from affected property owners. C) That the annexation area will not be required to assume any portion of existing City bonded indebtedness. PASSED by the City Council of the City of Pasco this 4`h day of September, 2012. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debra Clark, City Clerk Leland B. Kerr, City Attorney Exhibit "A" LEGAL DESCRIPTION Commercial /Kahlotus Annexation Beginning at the intersection of the north right -of -way line of SR -12 and the east line of Section 34, Township 9 North, Range 30 East, W.M. said point being the True Point of Beginning; Thence northerly, along the said east line, to the northeast corner of said Section 34; Thence northerly, along the east line of Section 27, Township 9 North, Range 30 East, W.M. to the northeast corner of said Section 27; Thence westerly, along the north line of said Section 27, to the west right -of -way line of Commercial Avenue; Thence northerly, along a line parallel with the east line of the southwest quarter of Section 22, Township 9 North, Range 30 East, W. M. to the north right -of -way line of Pasco - Kahlotus Road; Thence northeasterly, along said north right -of -way line to the east line of southwest quarter of said Section 22; Thence northerly, along said east line, to the intersection of said east line with the southerly line of the parcel of land shown on Record of Survey filed for record in the office of the Franklin County Auditor under Fee Number 448594; Thence along said southerly line and along the westerly line of said parcel of land, to the north line of the southwest quarter of said Section 22; Thence westerly, along the north line of said southwest quarter to the east right -of -way line of Dietrich Road; Thence southerly along said east right -of -way line to the southwest corner of the parcel of land shown on Record of Survey filed for record in the office of the Franklin County Auditor under Fee Number 1598719, said corner being 302.36 feet southerly of the centerline of Commercial Avenue; Thence southerly, in a direct line, to the northwest corner of said Section 27; Thence southerly, along the west line of said Section 27, to the extended northerly right -of -way line of SR- 12; Thence southerly along said right -of -way to the True Point of Beginning. NOTICE OF INTENTION TO COMMENCE ANNEXATION PROCEDURES TO: The City Council of the City of Pasco 525 North Third Avenue Pasco, Washington 99301 Council Members: The undersigned, who are the owners of not less than ten percent in value, according to the assessed valuation for general taxation of the property for which annexation is sought, hereby advise the City Council of the City of Pasco that it is the desire of the undersigned owners of the following area to commence annexation proceedings. The property herein referred to is described on Exhibit "A" attached hereto and is depicted on Exhibit "B" further attached hereto. It is requested that the City Council of the City of Pasco set a date not later than sixty days after the filing of this request for a meeting with the undersigned to determine: (1) Whether the City Council will accept the proposed annexation; and, (2) Whether the City Council will require the assumption of existing City indebtedness by the area to be annexed; and, (3) Whether the City Council will require simultaneous zoning. This page is one of a group of pages containing identical text material and is intended by the signers of this Notice of Intention to be presented and considered as one Notice of Intention and may be filed with other pages containing additional signatures which cumulatively may be considered as a single Notice of Intention. 1. Please print your name in addition to signing. For Carsson AG LLC, Parcel # 113 - 720 -109 NAME ADDRESS DATE Print Si Lure For Carsson AG LLC, Parcel # 113 -710 -093 — — N E - AM ADDRESS DATE S71 _ a Print Signature /nom For Jack B. Carr Testamentary Non - Exempt Trust, Parcel #113 - 740 -177 NAME ADDRESS DATE %� -- Print Si r BAKER BOYXR NATIONAL BANK, as Co- Trustee M Signature of Authorized Representative Type /Print Name of Authorized Representative J Date 1. Please print your name in addition to signing. NAME ADDRESS DATE 91 I135-A1)O16 Exhibit "A" LEGAL DESCRIPTION Commercial /Kahlotus Annexation Beginning at the intersection of the north right -of -way line of SR -12 and the east line of Section 34, Township 9 North, Range 30 East, W.M. said point being the True Point of Beginning; Thence northerly, along the said east line, to the northeast corner of said Section 34; Thence northerly, along the east line of Section 27, Township 9 North, Range 30 East, W.M. to the northeast corner of said Section 27; Thence westerly, along the north line of said Section 27, to the west right -of -way line of Commercial Avenue; Thence northerly, along a line parallel with the east line of the southwest quarter of Section 22, Township 9 North, Range 30 East, W. M. to the north right -of -way line of Pasco - Kahlotus Road; Thence northeasterly, along said north right -of -way line to the east line of southwest quarter of said Section 22; Thence northerly, along said east line, to the intersection of said east line with the southerly line of the parcel of land shown on Record of Survey filed for record in the office of the Franklin County Auditor under Fee Number 448594; Thence along said southerly line and along the westerly line of said parcel of land, to the north line of the southwest quarter of said Section 22; Thence westerly, along the north line of said southwest quarter to the east right -of -way line of Dietrich Road; Thence southerly along said east right -of -way line to the southwest corner of the parcel of land shown on Record of Survey filed for record in the office of the Franklin County Auditor under Fee Number 1598719, said corner being 302.36 feet southerly of the centerline of Commercial Avenue; Thence southerly, in a direct line, to the northwest corner of said Section 27; Thence southerly, along the west line of said Section 27, to the extended northerly right -of -way line of SR- 12; Thence southerly along said right -of -way to the True Point of Beginning. AGENDA REPORT FOR: City Council August 29, 2012 TO: Gary Crutchfiel Manager Regular Mtg.: 9/4/2012 Rick White, Community & conomic Development Director 2 Vj FROM: Shane O'Neill, Planner I SUBJECT: SPECIAL PERMIT — Location of a Church (World Life Christian Center) in a C- 1 (Retail Business) Zone (MF# SP 2012 -013) I. REFERENCE(S): 1. Vicinity Map 2. Proposed Resolution 3. Report to Planning Commission 4. Planning Commission Minutes: Dated 7/26/12 & 8/22/12 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 9/4: MOTION: I move to approve Resolution No. , approving a Special Permit for the location of a church in a C -1 (Retail Business) zone at 5252 Outlet Drive. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. On July 26th, 2012 the Planning Commission held a public hearing to determine whether or not to recommend approval of a Special Permit to allow the location of a church at 5252 Outlet Drive. B. Following conduct of the July 26th public hearing, the Planning Commission recommended the church in question be granted a Special Permit with a number of conditions. C. The recommended conditions are contained in the attached Resolution. D. No written appeal of the Planning Commission's recommendation has been received. 8(c) RESOLUTION NO. A RESOLUTION ACCEPTING THE PLANNING COMMISSION'S RECOMMENDATION AND APPROVING A SPECIAL PERMIT FOR A CHURCH AT 5252 OUTLET DRIVE WHEREAS, World Life Christian Center submitted an application for the location of a church at 5252 Outlet Drive (Tax Parcel 115502016); and, WHEREAS, the Planning Commission held a public hearing on July 26, 2012 to review the proposed church; and, WHEREAS, following deliberations on August 22, 2012 the Planning Commission recommended approval of a Special Permit for the church 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 World Life Christian Center for the location of a church in a C -1 (Retail Business) District under Master File # SP2012 -013 with the following conditions: a) The special permit shall be personal to the applicant; b) The space leased to the church must maintain compliance with all requirements of the International Building Code for an "A" occupancy; c) The storefront appearance of the leased space(s) may not be altered except as needed to comply with Building Code exiting requirements; d) The building, including entrances and restrooms, must be ADAlhandicap- compliant; e) Occupancy of the building for church purposes is contingent upon continued compliance with all conditions listed above; f) The church shall not object to the transfer, renewal or issuance of a liquor license for an existing or new establishment within 1,000 feet of the property; g) The special permit shall be valid for a period of three years only and shall terminate on September 30, 2015. Passed by the City Council of the City of Pasco this 4`h day of September, 2012. Matt Watkins, Mayor ATTEST: Debra L. Clark, City Clerk IZi F7VIREi1110i1 Leland B. Kerr, City Attorney REPORT TO PLANNING MASTER FILE NO: SP2012 -013 HEARING DATE: 7 -26 -12 ACTION DATE: 8 -16 -12 APPLICANT: World Life Christian Ctr. 732 W. 191' Avenue Kennewick, WA 99337 BACKGROUND REQUEST FOR SPECIAL PERMIT: 1. PROPERTY DESCRIPTION: Location of a Church in a C -1 District Legal: Parcel # 115 - 502 -016: a portion of the South half of Section 8, Township 9 North, Range 29 WM; General Location: 5252 Outlet Dr. Property Size: Approximately 11 acres 2. ACCESS: The site has access from Sandifur Parkway by way of Outlet Dr. 3. UTILITIES: The site is served by municipal water and sewer. 4. LAND USE AND ZONING: The property is currently zoned C -1 (Retail Business) All surrounding property is zoned C -1 and undeveloped. 5. COMPREHENSIVE PLAN: The site is designated in the Plan for commercial uses. The Plan does not specifically address churches, but elements of the Plan encourage the promotion of orderly development including the development of zoning standards for off - street parking and other development standards. 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based on the SEPA checklist, the adopted City Comprehensive Plan, City development regulations, and other information, a threshold determination resulting in a Determination of Non - significance (DNS) has been issued for this project under WAC 197- 11 -158. The application involves the continued use of three suites in the Broadmoor Outlet Mall for church activities. In November of 2008 the World Life Christian Center was granted a special permit (MF# SP08 -008) for the location of a church at 5252 Outlet Drive. The special permit has expired and the church is now seeking to renew their previously approved special permit. In addition, the church was granted a special permit (MF #SP10 -019) in 2010 allowing a pre- school to be located within the church. The pre - school special permit has no expiration date. Both the church and pre - school have been operating in the Outlet Mall without generating complaints received by the city. ANALYSIS The Outlet Mall contains over 103,000 square feet of floor space; forty -one thousand (41,000) square feet of which is devoted to institutional uses (Charter College, World Life Christian Center and the Police Mini Station). Thirty -three thousand square feet of floor area is vacant. The World Life Christian Center is leasing 11,720 square feet of floor area. The church site is located in the northwest corner of the Outlet Complex. The church holds services on Wednesday evenings from 6:30 pm to 9:00 pm and on Sunday mornings from 8:00 am to 1:00 pm. During the week the church office are open during regular office hours. Although the church is renewing their lease and special permit, they are in the process of securing property on Court Street and planning to relocate to a more permanent facility. The Mall remains thirty -two percent vacant. Approximately forty percent of the Mall is being used for non -tax generating uses which are not an ideal choice of uses within commercial areas with high visibility and freeway access, but given the degree of suite vacancy in the Mall, tax exempt uses may be a viable option at this time. The Outlet Mall was built in 1995 for retail commercial purposes and was marginally successful in originally attracting retail tenants. As the Outlet Mall business model decreased in popularity occupancy rates the Broadmoor Outlet Mall declined. Thirty -two percent of the Broadmoor Mall is currently vacant and another forty -one percent of the Mall is occupied by institutional uses such as Charter College, the World Life Christian Center and the Mini Police Station. Without the institutional uses seventy -three percent of the Mall would be vacant. While locating non -tax generating uses in a commercial area with freeway visibility is generally not a good choice for promoting additional retail activity it may be temporarily justified given the ongoing vacancy issues at the Broadmoor Outlet Mall. The Mall is seen as a temporary location for the proposed church which is eventually planning on finding a permanent site owned by the church. 2 The lease agreement requires the church to participate in all common area charges shared by all lessees within the Mall. The proposed church location has parking to the east, west and north. The Outlet Mall was constructed to meet building code requirements for retail activities. 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 "M" [Mercantile] to an "A" [Assembly] for example) the building is required to meet life /safety standards required for the new occupancy classification. The church addressed the building occupancy requirements prior to locating in the Outlet Mall over three years ago. No additional building modifications are anticipated for compliance with the building code. Another potential problem with a church locating in a commercial area is the fact that some retail establishments or restaurants sell or serve liquor. The issue is typically addressed by placing a condition on the Special Permit approval limiting the church's ability to object to a liquor license. 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 5252 Outlet Drive. 4. The site was originally developed as the Broadmoor Outlet Mall. 5. The Outlet Mall contains over 103,000 square feet of floor area. 6. Thirty -three percent of the outlet Mall is vacant. 7. Nine suites of the Mall are occupied. 8. The church proposes to lease 11,720 square feet of floor space. 9. Churches are classified as an "A" occupancy under the International Building Code. 10. The Mall was designed and built for "M" occupancy loads. 11. The "A" occupancy building design standards are different from the "M" occupancy standards. 3 12. Half of the leased space is large enough to hold 400 people. 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. Based on the occupancy loading of 400 people, 100 parking spaces would be required. 15. The proposed church location has parking to the east, west and north. 16. In 2008 the World Life Christian Center was granted a special permit for church activities at 5252 Outlet Drive. 17. In 2010 the World Life Christian Center was granted a special permit for pre - school activities at 5252 Outlet Drive. CONCLUSIONS BASED ON THE 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. and determine whether or not the proposal: (1) Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive Plan? The Plan does not specifically address churches, but elements of the Plan encourage the promotion of orderly development including the development of zoning standards for off - street parking and other development standards. (2) Will the proposed use adversely affect public infrastructure? The Outlet Mall was designed to handle significant traffic with a large parking lot and interior circulation. The church will conduct services at times when other Mall traffic is generally low and utility usage is low. (3) Will the proposed use be constructed, maintained and operated to be in harmony with existing or intended character of the general vicinity? The church is located in the Broadmoor Outlet Mall and no exterior changes are planned to the building. The current store front character will be maintained. The church will participate in common area maintenance costs to maintain the common area of the Mall. The current lease proposal is for a three year period, expiring in 2015, giving the Mall owner the option of terminating the lease after three years if demand for retail space in the Mall improves. 4 The proposed church will be located in the Broadmoor Outlet Mall and no exterior changes are planned to the building. The current store front character will be maintained. The church will participate in common area maintenance costs to maintain the common area of the Mall. The intended character of the Outlet Mall is retail in nature. The proposed church is not expected to impact the character of the mall in a permanent manner. (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 church is located in part of the Outlet Mall and no structures will be built or added to the Mall. The site design will remain unchanged. The church will be paying market rent and will be responsible for common area charges like all tenants of the Mall. (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 church generates no more dust, vibrations, flashing lights or fumes than would be expected by permitted retail uses of the zoning district. Traffic generated by the church will occur mostly on Sunday mornings when Mall traffic is minimal. Wednesday evening church activities generally generate less traffic than Sunday morning meetings. (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 commercially zoned areas. Past history of church operations within the City has shown they do not endanger public health or safety and are generally not nuisance generators. 5 MOTION for Findings of Fact: I move to adopt findings of fact and conclusions as contained in the August 16, 2012 staff report. MOTION for Recommendation: I move based on the findings of fact and conclusions that the Planning Commission recommend the City Council grant a special permit to World Life Christian Center for the location of a church at 5252 Outlet Drive with the conditions as contained in the August 16, 2012 staff report. APPROVAL CONDITIONS 1) The special permit shall be personal to the applicant; 2) The space leased to the church must maintain compliance with all requirements of the International Building Code for an "A" occupancy; 3) The storefront appearance of the leased space(s) may not be altered except as needed to comply with Building Code exiting requirements; 4) The building, including entrances and restrooms, must be ADA/ handicap - compliant; 5) Occupancy of the building for church purposes is contingent upon continued compliance with all conditions listed above; 6) The church shall not object to the transfer, renewal or issuance of a liquor license for an existing or new establishment within 1,000 feet of the property; 7) The special permit shall be valid for a period of three years only and shall terminate on September 30, 2015. I 9 OH 3 - 84 5y NO3.DNIQQVd � d�� a a N7 ai u oIn �" w 'I auo c o Gi q o � � � a. t a. Z N HIMF' (4--4 v x z x A: ^� z z r�L! F N'I if ISN �M W V x ct z m • r--1 ^, M Tab ►—� c'n 0 O a Tn V O N'I QN V IN w, O AIL � �I m u w O ...... ► ,. „ � 1111 /:�� i- ii.ii =i � iii ■ � �i- �- �11�►� son m 1��- �����■ �Ib111111 111111 1 ■� • I ■II® ■ Planning Commission Minutes 7/26/2012 B. Special Permit Location of a church in a C -1 District (World Life Christian Centerl (MF# SP 2012 -0131 Chairman Cruz read the master file number and asked for comments from staff. Shane O'Neill, Planner I, discussed this item. World Life Christian Center applied to renew and continue their church use in the Broadmoor Outlet Mall since their previous special permit had expired. Mr. O'Neill reviewed the written report for the benefit of the Commission and explained the church has already made the necessary changes to the building to comply with the International Building Code Standards for "assembly occupancy" types. There is sufficient parking on site and the church is not looking to expand their floor area. David McDonald, City Planner, added that this church purchased land on Court Street last fall. Their goal, like Bethel Church, is to build a permanent location and move out of the Outlet Mall. Commissioner Hilliard stated that he appreciates that this proposal is temporary so that the retail function of the Mall can return. Donald Jarrett, 1951 Peachtree, Richland, WA spoke on behalf of World Life Christian Center. He has been with World Life Christian Center for nine years and they have been in the Outlet Mall for three years. They plan to build on Court Street within two years but are asking for a three year extension just in case. They feel that they bring traffic to the Outlet Mall that wasn't there previously. They hold Thursday evening services and haven't had any issues with Charter College, as the parking lot is built to handle traffic. Chairman Cruz stated that in the future, the Planning Commission will most likely not recommend approve for another special permit and asked if Mr. Jarrett had any issues with the conditions or recommendations contained in the staff report. Mr. Jarrett stated that he did not have any concerns. With no further comments, the public hearing closed. Commissioner Anderson moved, seconded by Commissioner Kempf, to close the public hearing and schedule deliberations, the adoption of findings of fact, and development of a recommendation for City Council for the August 16, 2012 meeting. The motion passed unanimously. Planning Commission Minutes 8/22/2012 C. Special Permit Location of a church in a C -1 District (World Life Christian Center) IMF# SP 2012 -0131 Chairman Cruz read the master file number and asked for comments from staff. Shane O'Neill, Planner I, referenced the site plan, conditions, stated that this was for a special permit renewal to continue their use in the Broadmoor Outlet Mall and explained that staff had nothing to add unless the Commission had questions. There were no questions or comments from the Planning Commission. Commissioner Hilliard moved, seconded by Commissioner Levin, to adopt findings of fact and conclusions as contained in the August 16, 2012 staff report. The motion passed unanimously. Commissioner Hilliard moved, seconded by Commissioner Anderson, based on the findings of fact and conclusions that the Planning Commission recommend the City Council grant a special permit to World Life Christian Center for the location of a church at 5252 Outlet Drive with the conditions as contained in the August 16, 2012 staff report. The motion passed unanimously. AGENDA REPORT FOR: City Council I August 29, 2012 TO: Gary Crutchfi ' y Manager Regular Mtg.: 9/4/2012 Rick White, Community & Economic Development Director e,14 FROM: Shane O'Neill, Planner I SUBJECT: SPECIAL PERMIT — Location of a Church (Bethel Church) in a C -1 (Retail Business) Zone (MF# SP 2012 -012) I. REFERENCE(S): 1. Vicinity Map 2. Proposed Resolution 3. Report to Planning Commission 4. Planning Commission Minutes: Dated 7/26/12 & 8/22/12 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 9/4: MOTION: I move to approve Resolution No. , approving a Special Permit for the location of a church in a C -1 (Retail Business) zone at 5202 Outlet Drive. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. On July 26th, 2012 the Planning Commission held a public hearing to determine whether or not to recommend approval of a Special Permit to allow the location of a church at 5202 Outlet Drive. B. Following conduct of the July 26th public hearing, the Planning Commission recommended the church in question be granted a Special Permit with a number of conditions. C. The recommended conditions are contained in the attached Resolution. D. No written appeal of the Planning Commission's recommendation has been received. 8(d) RESOLUTION NO. A RESOLUTION ACCEPTING THE PLANNING COMMISSION'S RECOMMENDATION AND APPROVING A SPECIAL PERMIT FOR A CHURCH (BETHEL) AT 5202 OUTLET DRIVE WHEREAS, Bethel Church submitted an application for the location of a church at 5202 Outlet Drive (Tax Parcel 115502016); and, WHEREAS, the Planning Commission held a public hearing on July 26, 2012 to review the proposed church; and, WHEREAS, following deliberations on August 22, 2012 the Planning Commission recommended approval of a Special Permit for the church with certain conditions; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: That a Special Permit is hereby granted to Bethel Church for the location of a church in a C -1 (Retail Business) District under Master File # SP2012 -012 with the following conditions: a) The special permit shall be personal to the applicant; b) The space leased to the church must comply with all requirements of the International Building Code for an "A" occupancy prior to occupancy by the church; c) The storefront appearance of the leased space cannot be altered except as needed to comply with Building Code exiting requirements; d) The building, including entrances and restrooms, must be ADA/handicap- compliant prior to occupancy by the church; e) Occupancy of the building for church purposes will not be permitted until the church complies with all conditions listed above; f) The church shall not object to the transfer, renewal or issuance of a liquor license for an existing or new establishment within 1,000 feet of the property; g) This special permit shall be valid for a period of three years and will expire on October 1, 2015. Passed by the City Council of the City of Pasco this 4`h day of September, 2012. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney REPORT TO PLANNING MASTER FILE NO: SP2012 -012 HEARING DATE: 7 -26 -12 ACTION DATE: 8 -16 -12 BACKGROUND REQUEST FOR SPECIAL PERMIT: 1. APPLICANT: Bethel Church 600 Shockley Rd. Richland, WA 99352 Location of a Church in a C -1 District Legal: Parcel # 115 - 502 -016: a portion of the South half of Section 8, Township 9 North, Range 29 WM; General Location: 5202 Outlet Dr. Property Size: Approximately 11 acres 2. ACCESS: The site has access from Sandifur Parkway by way of Outlet Drive 3. UTILITIES: The site is served by municipal water and sewer. 4. LAND USE AND ZONING: The property is currently zoned C -1 (Retail Business). All surrounding property is zoned C -1 and undeveloped. 5. COMPREHENSIVE PLAN: The site is designated in the Plan for future commercial uses. The Plan does not specifically address churches, but elements of the Plan encourage the promotion of orderly development including the development of zoning standards for off - street parking and other development standards. 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based on the SEPA checklist, the adopted City Comprehensive Plan, City development regulations, and other information, a threshold determination resulting in a Determination of Non - Significance (DNS) has been issued for this project under WAC 197- 11 -158. ANALYSIS The application involves the use of four suites in the Broadmoor Outlet Mall for church activities. The suites in question have been vacant for about four years except for the occasional seasonal costume store. The last major tenant in the space was the CO2 Furniture store. The Outlet Mall contains over 103,000 square feet of floor space. Forty -one thousand square feet is devoted to institutional uses (Charter College, World Life Church and the Police Mini Station). Thirty -three thousand square feet of I floor area within the Mall is vacant. The Famous Footwear shoe store and the Children's Museum have recently vacated the Mall. The proposed church has signed a lease for 17,936 square feet of floor area. The church site is located in the southeast corner of the Outlet Complex. The church plans to hold services on Sunday mornings at 9:00 am and 11:00 am. The church also plans to have small group meetings Sunday evening and at various times during the week. The church office will be open during regular business hours. The lease agreement requires the church to participate in all common area charges shared by all lessees within the Mall. The proposed church location has parking to the north and south side of the building. The Outlet Mall was constructed to meet Building Code requirements for retail activities. 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 "M" [Mercantile] to an "A" [Assembly] for example) the building is required to meet life /safety standards required for the new occupancy classification. The main sanctuary area is large enough to allow seating for at least 450 people. To meet the "A" occupancy requirements proper exiting, exit signage, emergency lighting, occupancy separation walls (between retail space and church space), additional restroom facilities and fire sprinklers may be required by the Building Code. These requirements are all based on the occupant load of the building. The "A" occupancy requirements of the Building Code have been developed from years of experience with places of assembly and have been enacted to promote the life, safety, and protection of people occupying churches and other gathering places. The Outlet Mall was built in 1995 for retail commercial purposes and was originally marginally successful in attracting retail tenants. As the Outlet Mall business model decreased in popularity, occupancy rates at the Broadmoor Outlet Mall declined. Thirty -two percent of the Broadmoor Mall is currently vacant and another forty -one percent of the Mall is occupied by institutional uses such as Charter College, the World Life Christian Center and the Mini Police Station. Without the institutional uses seventy -three percent of the Mall would be vacant. While locating non -tax generating uses in a commercial area with freeway visibility is generally not a good choice for promoting additional retail activity it may be temporarily justified given the ongoing vacancy issues at the Broadmoor Outlet Mall. The Mall is seen as a temporary location for the 3 proposed church which is eventually planning on finding a permanent site owned by the church. It seems probable that once commercial interest in the Outlet Mall increases, non - retail leases of mall space will correspondingly decrease. Another potential problem with a church locating in a commercial area is the fact that some retail establishments or restaurants sell or serve liquor. The issue is typically addressed by placing a condition on the Special Permit approval limiting the church's ability to object to a liquor license. 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 requiring 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 5202 Outlet Drive. 4. The site was originally developed as the Broadmoor Outlet Mall. 5. The Outlet Mall contains over 103,000 square feet of floor area. 6. About thirty -three percent of the Outlet Mall is vacant. 7. About forty percent of the Outlet Mall is occupied by institutional uses (Charter College, World Life Church and Police Mini Station). 8. The suites proposed to be occupied by the church have been vacant for four years. 9. The church proposes to lease 17,936 square feet of floor space. 10. Churches are classified as an "A" occupancy under the International Building Code. 11. "A" occupancy building design standards are different than the "M" occupancy standards. 12. The Mall was designed and built for "M" occupancy loads. 13. The proposed sanctuary is large enough to hold at least 450 people. 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. 3 15. Based on the occupancy loading of 450 people, 113 parking spaces would be required. 16. Parking areas are located to the north and south of the proposed church location with more than 113 parking spaces. CONCLUSIONS BASED ON THE 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 and determine whether or not the proposal: (1) Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive Plan? The Plan does not specifically address churches, but elements of the Plan encourage the promotion of orderly development including the development of zoning standards for off - street parking and other development standards. (2) Will the proposed use adversely affect public infrastructure? The Outlet Mall was designed to handle significant traffic with a large parking lot and interior circulation.. The proposed church will conduct services at times when other Mall traffic is generally low and utility usage is low. (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 church will be located in the Broadmoor Outlet Mall and no exterior changes are planned to the building. The current store front character will be maintained. The church will participate in common area maintenance costs to maintain the common area of the Mall. The intended character of the Outlet Mall is retail in nature. The proposed church is not expected to impact the character of the mall in a permanent manner. (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 proposed church will be located in part of the existing Outlet Mall and no structures will be built or added to the Mall. The site design will remain unchanged. The church will be paying market rent and will be responsible for common area charges like all tenants of the Mall. The 4 location of the church within the Outlet Mall will occupy space intended for retail businesses. Allowing the church to be located in the Mall on a long -term basis may discourage the development /location of commercial enterprises within the Mall. This concern could be addressed by limiting the time period for allowing the church to remain in the Mall. (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 church will generate no more dust, vibrations, flashing lights or fumes than would be expected by permitted retail uses of the zoning district. Traffic generated by the church will occur mostly on Sunday mornings when Mall traffic is minimal. Small weekly meetings will generate minimal traffic on other days of the week. (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? Past history of church operations within the City has shown they do not endanger public health or safety and are generally not nuisance generators. MOTION for Findings of Fact: I move to adopt Findings of Fact and Conclusions therefrom as contained in the August 16, 2012 staff report. MOTION for Recommendation: I move based on the Findings of Fact and Conclusions therefrom the Planning Commission recommend the City Council grant a special permit to the Bethel Church for the location of a church in suites 100,110,116 and 118 at 5202 Outlet Drive with the conditions as contained in the August 16, 2012 staff report. s APPROVAL CONDITIONS 1) The special permit shall be personal to the applicant; 2) The space leased to the church must comply with all requirements of the International Building Code for an "A" occupancy prior to occupancy by the church; 3) The storefront appearance of the leased space cannot be altered except as needed to comply with Building Code exiting requirements; 4) The building, including entrances and restrooms, must be ADA /handicap - compliant prior to occupancy by the church; 5) Occupancy of the building for church purposes will not be permitted until the church complies with all conditions listed above; 6) The church shall not object to the transfer, renewal or issuance of a liquor license for an existing or new establishment within 1,000 feet of the property; 7) This special permit shall be valid for a period of three years and will expire on October 1, 2015. 0 r C; N Ct U� U L � a 4 �a C N S r� sa _ u a a iv a O V a ro I aoa d a i w a y �a • a o a a o1zla o _ za " N bA y E m alntl v � •% '� o g z s"x, z x a Ig F IN ISM '7M '�- r� Ca =11 E, cl uvozl Cd un U M �b N a • • u W U o m N c 7XIaNv IQ o e con o w U O ; U W Q � b � � �� �� ` � ��� ��� i 1111■ � 111 i� VIII MEN IN IN ME . 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WA �{ Y3 k a PRELIMINARY FLOOR PLAN f 4i 0� gg i pp k G a !P I � I q6 I I I L 1 ti 4 0000000000000 aciolmoma 00000 00000000000 poppppo 0000000000000 00000000000 0000000000000 00000000000 pop p0 0000000000000 00000000000 �p0 0000000000000 1 00000000000 ppo p 0000000000000 00000000000 poopOp 0000a0o0o0000 00000000000 Opp 00000000000 00000000000 pppp 0000000000000 00000000000 p - 0000000000000 00000000000 pppppp 0000000000000 e00000000000 ppppp0 - 0000000000000 00000000000 Op0 p0 0000000000000 00000000000 ppp 9 6 dd I - p] NNNNk I ` b i PREttLIMINARY - _N_OTFOR CONSTRUCTION dT > i BETHEL CHURCH �y { f 6 PASO TENANT IMPROVEMENT '! 4 Q Rnsco. WA �{ Y3 k a PRELIMINARY FLOOR PLAN f 4i 0� gg i pp k G a !P I � I q6 I I I L 1 ti 4 0000000000000 aciolmoma 00000 00000000000 poppppo 0000000000000 00000000000 0000000000000 00000000000 pop p0 0000000000000 00000000000 �p0 0000000000000 1 Planning Commission Minutes 7/26/2012 A. Special Permit Location of a church in a C -1 District (Bethel Churchl IMF# SP 2012 -0121 Chairman Cruz read the master file number and asked for comments from staff. David McDonald, City Planner, discussed this item. The request is for Bethel Church to locate a church in the Broadmoor Square Outlet Mall, in space previously occupied by the CO2 Furniture Store. The space has been vacant for roughly four years and has intermittently been used for a seasonal costume store, display and sales. Bethel Church is proposing to locate in the southeast corner of the Mall, using the building for services on Sunday's from 9:00 a.m. -11:00 a.m., weeknights for meetings and a business office for weekdays. The proposal is a temporary measure as the ultimate goal of the church is to find a place within the community where they can build a permanent facility. They have a three year lease with an option to renew for one year increments. Mr. McDonald directed the Planning Commission's attention to the recommended approval conditions and highlighted the termination date of October 2015. Commissioner Hilliard voiced concern over the loss of retail space and how the location of another church in the mall could change the viability the mall as a shopping center, however he understands that the owner needs to keep the building occupied. Mr. McDonald stated one of the concerns Staff had was the loss of retail at this site but the proposal is considered a temporary measure while the building is vacant and permit would expire after three years. Chairman Cruz agreed with the Staff recommendation to limit the special permit to three years. In the future, Planning Commission likely would not grant another special permit but feels this helps solve some issues in the meantime. Commissioner Levin asked if there has been any concern from other tenants in the Mall. Mr. McDonald answered that Staff has not heard any complaints or concerns. Chairman Cruz discussed possible traffic issues that might result from two churches locating at this site. He asked staff what would be done to accommodate the additional retail traffic. Mr. McDonald answered that the meeting times of the two churches would be staggered. Typically on Sunday mornings arterial streets aren't busy and there is no peak traffic period. Commissioner Levin commented that he works out at a gym located near the Bethel Church on Keene Road in Richland, WA and he hasn't had any issues with traffic at that location so he is not concerned about traffic at the Mall. Commissioner Anderson mentioned that when Charter College ends their classes traffic can backed up in the parking lot but is cleared shortly and the parking lot is laid out well for heavy traffic. Commissioner Hilliard agreed that on Sunday's traffic should not be an issue. Tim Phillips, 4502 Desert Drive, spoke on behalf of Bethel Church. The proposal is an opportunity for them to continue to look for land but keep expanding at the same time. They are currently located in a theater in Pasco on Sunday mornings, which limits their time in the building, with no time throughout the week in the evenings. They want to continue to be a part of the Pasco Community. Chairman Cruz asked if Mr. Phillips had any issues with the conditions or recommendations in the staff report. Mr. Phillips stated that he did not have any issues. Lance Bacon, NAI Tri- Cities, 1721 W. 35th Avenue, Kennewick, WA spoke on behalf of the owner of the Outlet Mall as the leasing agent for the proposed property. When an offer from Bethel Church was made, the ownership contacted all of the other tenants to see if they felt it was an acceptable use. They have been trying to find retail tenants but have been turned down. Locating the church to this site might bring more people to the area. With no further comments, the public hearing closed. Commissioner Levin moved, seconded by Commissioner Kempf, to close the public hearing and schedule deliberations, the adoption of findings of fact, and development of a recommendation for City Council for the August 16, 2012 meeting. The motion passed unanimously. Planning Commission Minutes 8/22/2012 B. Special Permit Location of a church in a C -1 District (Bethel Churchl (MF# SP 2012 -0121 Chairman Cruz read the master file number and asked for comments from staff. Shane O'Neill, Planner I, referenced the site plan, conditions and explained staff had nothing to add unless the Commission had questions. There were no questions or comments from the Planning Commission. Commissioner Kempf moved, seconded by Commissioner Hilliard, to adopt the findings of facts and conclusions therefrom as contained in the August 16, 2012 staff report. The motion passed unanimously. Commissioner Kempf moved, seconded by Commissioner Hilliard, based on findings and facts and conclusions therefrom the Planning Commission recommend the City Council grant a special permit to the Bethel Church for location of a church in Suites 100, 110, 116 and 118 at 5202 Outlet Drive with the conditions as contained in the August 16, 2012 staff report. The motion passed unanimously. AGENDA REPORT FOR: City Council I I August 27, 2012 TO: Gary Cmtchfie Manager Regular Mtg.: 9/4/12 Rick White, Community & � co o is Development Director �!/ FROM: David McDonald, City Planner SUBJECT: SPECIAL PERMIT (MF# SP20 1 2 -00 1 4) Elementary School at Powerline Rd & Rd 52 I. REFERENCE(S): 1. Vicinity Map 2. Proposed Resolution 3. Report to Planning Commission 4. Planning Commission Minutes: Dated 7/26/12 and 8/22/12 IL ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 9/4: MOTION: I move to approve Resolution No. ; approving a special permit for an elementary school at the southwest comer of Powerline Road and Road 52 as recommended by the Planning Commission. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. On July 26, 2012, the Planning Commission conducted a public hearing to determine whether or not to recommend a special permit be granted for the location of a new elementary school at the southwest comer of Powerline Road and Road 52. B. Following conduct of the public hearing, the Planning Commission reasoned that with conditions, it would be appropriate to recommend approval of a special permit for the new elementary school. C. The recommended conditions are contained in the attached Resolution. D. No written appeal of the Planning Commission's recommendation has been received. 8(e) RESOLUTION NO. A RESOLUTION ACCEPTING THE PLANNING COMMISSION'S RECOMMENDATION AND APPROVING A SPECIAL PERMIT FOR THE LOCATION OF AN ELEMENTARY SCHOOL WHEREAS, Pasco School District, submitted an application for the location of an elementary school at the southwest comer of Powerline and Road 52 (Tax Parcel 116- 170 -030); and, WHEREAS, the Planning Commission held a public hearing on July 26, 2012 to review the proposed elementary school; and, WHEREAS, following deliberations on August 22, 2012 the Planning Commission recommended approval of a Special Permit for the proposed elementary school with certain conditions; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: I. That a Special Permit is hereby granted to Pasco School District for the location of an elementary school in an R -S -1 (Suburban Residential) District under Master File # SP 2012 -014 with the following conditions: a) The special permit shall apply to the east half Parcel No. 116170030. b) The elementary school site shall be developed in substantial conformity with the site plan and building elevations submitted with the special permit application. c) Powerline Road abutting the School District (all of parcel # 116170030 existing as of June 30, 2012) property shall be improved to arterial street standards meeting construction standards of the City. Improvements shall include but not be limited to curb, gutter, sidewalk and street lighting along the school side of the street. d) The complete road widths for Powerline Road will be 48 feet; the Pasco School District shall be responsible for constructing a minimum of 28 feet of road width on the south side. e) The School District shall extend Powerline Road the length necessary to provide a second means of access to and from the proposed school. Street improvements beyond the west boundary of the School District property on Powerline Road shall consist of a minimum of a 28 -foot wide paved road surface built to arterial street standards. f) Sidewalks in the Road 52 right -of -way abutting the school property shall be 7 feet in width. g) Sidewalks in the Powerline Road right -of -way shall be 5 feet wide and located along the property line rather than the curb line. h) The planting strip between the Powerline Road curb and the off -set sidewalk must be planted in lawn and trees planted at 50 -foot intervals. The landscape and irrigation plan must be approved by the Administrative and Community Services Department prior to installation. i) The School District shall construct a 6 -foot tall block wall /fence along the Powerline Road right -of -way matching the block wall in West Pasco Terrace to the west. j) The School District shall prepare a traffic study for anticipated traffic to and from the proposed school site to determine the need for additional street improvements and /or the need for traffic signals. This study shall include the increased traffic load generated by the proposed school at the northwest corner of Road 60 and Sandifur Parkway. The traffic study must be completed and submitted to the City Engineer prior to the issuance of a building permit and may result in additional conditions or requirements related to school construction. k) No on- street parking or bus staging will be permitted on or adjacent to Road 52 or Powerline Road. 1) All costs associated with speed reduction /modification including but not limited to flashing lights, signage, pedestrian sensors, safety and crosswalks shall be paid for by the School District. m) All street/roadway signage abutting the property is to be provided by the School District and must conform to the most current MUTCD & City of Pasco Construction Standards. n) The School District shall construct all necessary improvements and accommodations for pedestrian school routes along Road 52 and Powerline Road as required and identified in the traffic study. o) All street improvements recommended in the traffic study, including traffic signals, must be installed in conjunction with the construction of the elementary school. p) No mid -block crosswalks will be permitted on Road 52 or Powerline Road. q) The School District shall pay the traffic mitigation fee in effect at the time a building permit is issued. r) The School District shall prepare a dust control mitigation plan to be submitted with the building permit application. s) The School District shall install a 16 inch irrigation line along the length of the school site in Powerline Road. t) The School District shall dedicate the north 40 feet of the site for the Powerline Road right -of -way. u) The School District shall dedicate the east 10 feet of the site for additional Road 52 right -of -way. v) A 55 -foot radius shall be dedicated at the southwest intersection of Road 52 and Powerline Road. w) No sports field light shall be permitted. x) Water rights associated with site must be dedicated to the City prior to the issuance of a building permit. y) The special permit shall be null and void if a building permit has not been obtained by January 1, 2015. Passed by the City Council of the City of Pasco this 4th day of September, 2012. Matt Watkins, Mayor ATTEST: Debra L. Clark, City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney Elementary School at Powerline Road and Road 52 — Page 2 REPORT TO PLANNING COMMISSION MASTER FILE NO: SP2012 -014 APPLICANT: Pasco School District #1 HEARING DATE: 7/26/12 1215 W Lewis St ACTION DATE: 8/16/12 Pasco, WA 99301 REQUEST FOR SPECIAL PERMIT: Location of an Elementary School in an R -S- 1 District. (Rd 52 Ss Powerline Rd) 1. PROPERTY DESCRIPTION: Legal: The East 1/2 of the Northeast '/4 of the Northeast 1/4, Section 10, Township 9 North, Range 29 East, W.M., Franklin County. General Location: Southwest corner of Road 52 8v Powerline Road Property Size: Approximately 20 acres 2. ACCESS: The site is adjacent to Road 52 and Powerline Road. Powerline Road is currently undeveloped 3. UTILITIES: A 16" water line is located in Road 52. A 10" sewer line is stubbed into School District property at the northeast corner of Three Rivers Drive and Road 56. 4. LAND USE AND ZONING: The site is zoned R -S -1 (Suburban Residential) and is being farmed. The property to the north is zoned A -P (Agricultural Production) in the County and is currently being farmed. The property to the west is zoned R -1 and is developing with the West Pasco Terrace subdivision. The property to the east is zoned R- 1 -S /PUD and is farmed and /or being developed as the Northwest Commons subdivision. The properties to the south are zoned R -S -20 in the County and are developed with homes on one acre lots. 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site as Low - Density Residential. Goal CF -5 suggests adequate provisions should be made for educational facilities located throughout the urban growth area. Policy CF -S -A encourages the appropriate location and design of schools throughout the community. 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based on the SEPA checklist, the adopted City Comprehensive Plan, City development regulations, and other information, a threshold determination resulting in a Determination of Non - significance (DNS) has been issued for this project under WAC 197 -11 -158. In site in question is part of a larger 40 acre site that has been considered in the past for a location of a middle school. In the fall of 2008 the Pasco School District received a Special Permit for the location of a middle school at the southwest corner of Road 52 and Powerline Road. That special permit was renewed in January of 2011. Since the approval of the middle school in 2011 the School District decided to re -align grade levels by moving sixth grade from the middle schools to the elementary schools. The grade re- alignment will free up space in the middle schools and eliminate the pressing need to construct a new middle school. The grade re- alignment however creates a greater demand for elementary schools. The School District is now proposing to segregate the 40 acre site into two parcels and locate an elementary school on the eastern half of the site. Pasco currently has eleven elementary schools (the School District has one additional elementary school [Edwin Markham] outside the Pasco UGA). With the recent growth in population (Pasco's population has more than doubled in size since 1997) and student enrollment, the School District needs to construct several elementary schools. Elementary school enrollment in Pasco has increased by an average of about 360 new students per year for the last decade. This year the elementary enrollment increased by over 400 new students. The State Office of the Superintendent of Public Instruction estimates Pasco's elementary enrollment will increase by 3,157 students over the next six years. This continued growth in school enrollment will create the need for additional elementary schools. To address part of the need for additional school space the District is proposing to develop the site in question with a 69,330 square foot elementary school similar to Maya Angelou and Virgie Robinson. The two story building will have classroom space for 730 students. The site will contain public parking and bus loading off Road 52. The proposed site is partially developed with street improvements and utilities located in Road 52. Powerline Road is not improved. The school district will be responsible for installing sidewalks along Road 52 and completing all of the street improvements in Powerline Road. With respect to traffic- related issues a signal warrant test will be needed to determine when a signal should be installed at Road 52 and Sandifur Parkway. The Regional Transportation Analysis model used by the Regional Council does not include elementary schools in the data used to identify future traffic impacts because elementary schools do not impact the peak hour traffic conditions in the way other land uses do. Based on the Institute of Traffic Engineers Trip Generation Manual (81h Ed) an elementary school with 730 students on average 2 can be expected to generate about 941 vehicle trips per day. That would amount to $40,463 in traffic impact fees. By comparison, if the site were to develop with single family homes about 650 daily vehicle trips could be expected. Most of the schools in Pasco including the Pasco High School and Chiawana High School are located in residential zoning districts. An on -line search of the Franklin County Assessors records (2012) revealed that many of the residential properties located near the existing Maya Angelou Elementary School have increased in valued since the school was built. The Maya Angelou neighborhood was not fully developed until after the school was built. This provides a good indication that elementary schools do not discourage the development of permitted uses on property in the general vicinity of a school or impair the value thereof. Recent development around the McGee Elementary School also provides another example of a residential neighborhood that developed after a school was constructed. Access to the site is limited due to the fact that Road 52 is a dead end street and provides only one route to and from the proposed school site. School sites typically have at least two means of access for safety reasons and to help diffuse traffic and reduce the impacts of traffic on surrounding residential uses. The extension of Powerline Road to the west would provided a second means of access to the school site. 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 and comments made at the public hearing. The Planning Commission may add additional findings as deemed appropriate. 1. The site is located in an R -S -1 zone. 2. Under the current zoning approximately 65 single- family dwellings could be constructed on the site. 3. Schools are conditional land uses in the R -S -1 zone and require review through the special permit process prior to permitting for construction. 4. The site is at the northern edge of the Pasco Urban Growth Boundary. 5. The site is within the City limits of Pasco. 6. The Comprehensive Plan identifies the site for low- density residential uses. 7. Comprehensive Plan Goal CF -5 suggests that adequate provisions should be made for the location of educational facilities throughout the urban growth area. 8. The site is currently being farmed. 9. The site is owned by the Pasco School District. 10. Sewer and water utilities are stubbed to the site. 11. The site is located at the southwest corner of Road 52 and future Powerline Road. 3 12. Powerline Road is unimproved and lacks the necessary right -of -way. 13. Road 52 is currently a dead -end street. 14. The proposed elementary school site plan lacks a second primary road for the disbursement of traffic and for emergency vehicles. 15. All existing elementary schools in Pasco have at least two access routes to and from the schools 16. City development standards require off -site street and utility (sewer, water, irrigation...) improvements to be constructed or installed concurrently with site development. 17. Off -site street improvements include but are not limited to street construction and paving, installation of curb gutter and sidewalk (7' wide), street lights, handicapped ramps, signage, lane striping, street drainage, traffic signals, speed - reduction modifications, and fire hydrants. 18. According to the Institute of Traffic Engineers Trip Generation Manual (81h Ed) a 730 student elementary school will generate about 941 vehicle trips per day. 19. If developed with single family homes the site would generate about 650 vehicle trips per day. 20. Pasco's population has doubled since 1997. 21. The Pasco School District enrollment has grown from 8,048 in 1997 to 15,633 in 2012. 22. The Office of the Superintendent of Public Instruction estimates Pasco's elementary school enrollment will increase by another 3,157 by 2017. 23. Residential development near the existing Maya Angelou and McGee Elementary School indicates elementary schools do not negatively impact the value of surrounding homes or the intended development of residential neighborhoods. 24. No sports fielding lighting will be constructed with the proposed elementary school. 25. In 2008 and 2011 the Pasco School District was issued a Special Permit for the location of a middle school on the site in question. Due to the grade realignment the District will need fewer middle schools sites and additional elementary school sites to accommodate existing and future student populations. CONCLUSIONS BASED ON STAFF FINDINGS OF FACT Before recommending approval or denial of a special permit the Planning Commission must draw its conclusion from the findings of fact based upon the criteria listed in P.M.C. 25.86.060. The criteria and staff listed conclusions are as follows: (1) Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive Plan? 4 The proposed use supports the following plan policies or goals: CF -5 suggests adequate provisions be made for educational facilities throughout the Urban Growth Area. Transportation and Utility policies support city standards that require the extension of streets and utilities in conjunction with development. To be in accord with the Comprehensive Plan the proposed elementary school development would also need to include the development of adjoining streets and utilities. (2) Will the proposed use adversely affect public infrastructure? The location of an elementary school on the proposed site may encourage the development of residential homes to the north of the school site leading to pressure to expand the UGA into areas which the city is not planning to provide utilities. In this respect the proposal may adversely impact public infrastructure. (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 elementary school has been designed to complement the existing and future neighborhood by providing generous yard setbacks, landscaping, screening of mechanical equipment and a pitched roof line to moderate the school's height in keeping with typical pitched roofs of residential homes. Elementary schools are typically located in or near residential neighborhoods and are an accepted part of the character of residential areas. (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 construction of schools in residential neighborhoods often encourages development of nearby properties. Residential development around the Maya Angelou and McGee schools was not completed until after the schools were in place. An on- line search of the Franklin County Assessors records (2012) revealed that values of many residential properties located near the existing Maya Angelou and McGee Elementary schools have increased since the schools were built. (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? Experience has shown that schools within Pasco generate few complaints from neighbors. Elementary schools typically are not a source of dust, 6 fumes, vibrations or flashing lights. The proposed school could generate up to 940 vehicle trips per day. During weekends, the summer break, and other break periods very little traffic will be generated. (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 elementary school will be constructed to meet all requirements of the International Building Code, the Fire Code, the Plumbing Code, all other construction codes and state regulations pertaining to middle school construction. The building will be required to have fire -rated corridors, area separation walls, sufficient exiting and fire sprinkler systems to ensure the safety of the public. The construction of sidewalks and street improvements will address traffic safety issues. Schools have a long history of being accepted in residential neighborhoods. In most communities schools, including middle schools, are located in or near residential neighborhoods. MOTION: I move to adopt Findings of Fact and Conclusions therefrom as contained in the August 16, 2012 staff report. MOTION: I move based on the Findings of Fact and Conclusions therefrom the Planning Commission recommend the City Council grant a Special Permit to the Pasco School District for the location of an elementary school at the southwest corner of Powerline Road & Road 52 (parcel #116- 170 -030) with conditions as listed in the August 16, 2012 staff report. APPROVAL CONDITIONS 1. The special permit shall apply to the east half Parcel No. 116170030. 2. The elementary school site shall be developed in substantial conformity with the site plan and building elevations submitted with the special permit application. 3. Powerline Road abutting the School District (all of parcel # 116170030 existing as of June 30, 2012) property shall be improved to arterial street standards meeting construction standards of the City. Improvements shall include but not be limited to curb, gutter, sidewalk and street lighting along the school side of the street. 6 4. The complete road widths for Powerline Road will be 48 feet; the Pasco School District shall be responsible for constructing a minimum of 28 feet of road width on the south side. 5. The School District shall extend Powerline Road the length necessary to provide a second means of access to and from the proposed school. Street improvements beyond the west boundary of the School District property on Powerline Road shall consist of a minimum of a 28 -foot wide paved road surface built to arterial street standards. 6. Sidewalks in the Road 52 right -of -way abutting the school property shall be 7 feet in width. 7. Sidewalks in the Powerline Road right -of -way shall be 5 feet wide and located along the property line rather than the curb line. 8. The planting strip between the Powerline Road curb and the off -set sidewalk must be planted in lawn and trees planted at 50 -foot intervals. The landscape and irrigation plan must be approved by the Administrative and Community Services Department prior to installation. 9. The School District shall construct a 6 -foot tall block wall /fence along the Powerline Road right -of -way matching the block wall in West Pasco Terrace to the west. 10. The School District shall prepare a traffic study for anticipated traffic to and from the proposed school site to determine the need for additional street improvements and /or the need for traffic signals. This study shall include the increased traffic load generated by the proposed school at the northwest corner of Road 60 and Sandifur Parkway. The traffic study must be completed and submitted to the City Engineer prior to the issuance of a building permit and may result in additional conditions or requirements related to school construction. 11. No on- street parking or bus staging will be permitted on or adjacent to Road 52 or Powerline Road. 12. All costs associated with speed reduction/ modification including but not limited to flashing lights, signage, pedestrian sensors, safety and crosswalks shall be paid for by the School District. 13, All street /roadway signage abutting the property is to be provided by the School District and must conform to the most current MUTCD 8s City of Pasco Construction Standards. 14. The School District shall construct all necessary improvements and accommodations for pedestrian school routes along Road 52 and Powerline Road as required and identified in the traffic study. 15. All street improvements recommended in the traffic study, including traffic signals, must be installed in conjunction with the construction of the elementary school. 16. No mid -block crosswalks will be permitted on Road 52 or Powerline Road. II 17. The School District shall pay the traffic mitigation fee in effect at the time a building permit is issued. 18. The School District shall prepare a dust control mitigation plan to be submitted with the building permit application. 19. The School District shall install a 16 inch irrigation line along the length of the school site in Powerline Road. 20. The School District shall dedicate the north 40 feet of the site for the Powerline Road right -of -way. 21. The School District shall dedicate the east 10 feet of the site for additional Road 52 right -of -way. 22. A 55 -foot radius shall be dedicated at the southwest intersection of Road 52 and Powerline Road. 23. No sports field light shall be permitted. 24. Water rights associated with site must be dedicated to the City prior to the issuance of a building permit. 25. The special permit shall be null and void if a building permit has not been obtained by January 1, 2015. 0 1� 1411 \'U i � � �� • ' ' `'' � iii ii �i■■ ■■� „■ Ise■■■ ■an��.' 11111 =I -�� =1� _. � ....�� DEG ■ =_I JJ ii i C �• � - ����1 „ , �1�•���■■■ ■i -' III ��� =� FAR OMNI u I I A i■1 O •wy O 0 a A 4J 0 O Wo 93 •V4 wx O O 04 0 •rl rm 0 0 P4 4J V) Cd w he 0 •�1 O O 0 Planning Commission Minutes 7/26/12 C. Special Permit Location of an Elementary School in an R -S -1 District (Pasco School District) (MF# SP2012 -014) Chairman Cruz read the master file number and asked for comments from staff. David McDonald, City Planner, discussed this item. The Pasco School District has applied for a special permit to locate an elementary school at the north end of Road 52. The District has chosen to realign the grade levels within the schools to accommodate the growth. There is a greater need now for elementary schools versus middle schools. They have chosen to take the proposed site and divide it in half to place an elementary school on the eastern twenty acres. The conditions in the staff report are similar to what has been provided in the past. The site is in a developing residential neighborhood. Most of the schools are located in residential neighborhoods and have been well accepted in the community in those neighborhoods. Rick White, Community & Economic Development Director, reminded the Planning Commission that they studied School Impact Fees earlier in the year and one of the things the School District did was try to reduce their capital costs in relation to the request for impact fees by taking the sixth grade out of middle schools and incorporating them into elementary schools. This reduces the need for a middle school; however, there is now a need for elementary schools, which are cheaper build than middle schools. Kim Marsh, 1215 W. Lewis, spoke on behalf of the Pasco School District. He stated that by building an elementary school at this location and two other locations, there would be enough capacity for a K -6 elementary configuration. This will also eliminate the need for a more expensive middle school. This site is twenty acres which means that there will be plenty of parking and bus delivery areas. Commissioner Hilliard asked Mr. Marsh when the School District plans to build the school on the proposed property and when would they extend Powerline Road. Mr. Marsh answered that the School Board is currently considering a potential bond in February of 2013. The school has already been designed and should be opened by the 2014 school year. Powerline Road would be extended as they build the school as part of the conditions. With no further comments, the public hearing closed. Commissioner Anderson moved, seconded by Commissioner Kempf, to close the public hearing and schedule deliberations, the adoption of findings of fact, and development of a recommendation for City Council for the August 16, 2012 meeting. The motion passed unanimously. Planning Commission Minutes 8/22/12 D. Special Permit Location of an Elementary School in an R -S -1 District (Pasco School District) IMF# SP2012- 0141 Chairman Cruz read the master file number and asked for comments from staff. Dave McDonald, City Planner, referenced the site plan and elevations and explained staff had nothing to add unless the Commission had questions. There were no questions from the Planning Commission. Commissioner Kempf moved, seconded by Commissioner Anderson, to adopt findings of fact and conclusions therefrom as contained in the August 16, 2012 staff report. The motion passed unanimously. Commissioner Kempf moved, seconded by Commissioner Anderson, based on the findings of fact and conclusions therefrom the Planning Commission recommend the City Council grant a Special Permit to the Pasco School District for the location of an elementary school at the southwest corner of Powerline Road & Road 52 (parcel #116- 170 -030) with conditions as listed in the August 16, 2012 staff report. AGENDA REPORT NO. 17 FOR: City Council I August 28, 2012 TO: Gary Crutchfie ., i 6'rative anager Rick Terway, A & Community Services Director i FROM: Michael A. Pawlak, City Enginee Regular Mtg.: 09/04/12 SUBJECT: Award City Hall Roof Repair and Recover, Project #C5- PF- 8R -12 -04 I. REFERENCE(S): 1. Vicinity Map 2. Bid Summary IL ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 09/04: MOTION: I move to award the low bid for the City Hall Roof Repair and Recover project to Leslie & Campbell, Inc., to include Alternates 1 & 2 with the Base Bid, in the amount of $205,516.00, plus applicable sales tax, and further, authorize the Mayor to sign the contract documents. III. FISCAL IMPACT: Capital Improvement Fund IV. HISTORY AND FACTS BRIEF: A) This project involves selectively removing and infilling portions of an existing roofing system; installing a new recover board and single -ply membrane; and removal and replacement/restoration of flashing and sheet metal as required. B) A Request for Proposal was sent to five (5) roofing contractors on August 15, 2012, with a scheduled bid opening for August 28, 2012. V. DISCUSSION: A) On August 28, 2012, staff received one (1) bid for the project. The low bid was received from Leslie & Campbell, Inc. of Union Gap, WA, in the amount of $205,516.00, plus applicable sales tax. The Engineer's Estimate for project was $230,000.00, plus applicable sales tax.. B) The project award is approximately 11% under the Engineer's Estimate. C) Staff recommends award of the contract to Leslie & Campbell, Inc. 10(a) VICINITY MAP t �r i N 3RD (PROJECT SITE) NOT TO SCALE i City of Pasco City Mall Roof Repair and Recover Project No. C5- PF- 8R -12 -04 August 28, 2012 BID SUMMARY Engineers Estimate Leslie & Campbell, Inc. $230,000.00 $205,516.00