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)
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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
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"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
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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
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City Limits
Annexation Area
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City Limits
Annexation Area
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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.
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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.
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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.
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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
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(PROJECT SITE)
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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