HomeMy WebLinkAbout2013.06.03 Council Meeting PacketAGENDA
PASCO CITY COUNCIL
Regular Meeting 7:00 p.m. June 3, 2013
1. CALL TO ORDER
2. ROLL CALL:
(a) Pledge of Allegiance
3. CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine by the
City Council and will be enacted by roll call vote as one motion (in the form listed below). There will be
no separate discussion of these items. If further discussion is desired by Councilmembers or the public,
the item may be removed from the Consent Agenda to the Regular Agenda and considered separately.
(a) Approval of Minutes:
1. Minutes of the Pasco City Council Meeting dated May 20, 2013.
(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 $1,474,751.21 ($275,514.68 in the form of
Electronic Fund Transfer Nos. 15164, 15212 and 15263; and $1,199,236.53 in the form of
Wire Transfer Nos. 1317, 1318, 1322 through 1327; and Claim Warrants numbered 193110
through 193309).
2. To approve Payroll Claims in the amount of $3,398,522.87, Voucher Nos. 45434 through
45568 and 80270 through 80279; and EFT Deposit Nos. 30059210 through 30060085.
(c) Interagency Agreement for Summer School Services:
1. Agenda Report from Robert Metzger, Chief of Police dated May 15, 2013.
2. Proposed Interagency Agreement.
To approve the Interagency Agreement with the Pasco School District for summer school
services and, further, authorize the Mayor to sign the agreement.
*(d) Utility Easement from the Grimmway Processing Plant (MF #INF02013 -036):
1. Agenda Report from Dave McDonald, City Planner dated May 29, 2013.
2. Overview Map.
3. Vicinity Map.
4. Utility Easement from Grimmway Enterprises.
To accept the permanent utility easement from Grimmway Enterprises.
*(e) Dedication Deed for a Portion of 27'" Avenue (Aff #DEED2013 -006):
1. Agenda Report from Dave McDonald, City Planner dated May 29, 2013.
2. Overview Map.
3. Vicinity Map.
4. Right -of -Way Dedication Deed from Bulmaro and Rita Chavez.
To accept the dedication deed from Bulmaro and Rita Chavez for a portion of 27h Avenue.
Q *(f) Special Permit (MF #SP2013 -010): Location of an Auto Sales Lot in the 6300 Block of
Burden Boulevard:
1. Agenda Report from Dave McDonald, City Planner dated May 29, 2013.
2. Vicinity Map.
3. Appeal Letter.
To set 7:00.p.m., July 1, 2013 as the time and date for a Closed Record Hearing to consider the
appeal of the Special Permit recommendation for the Warner Auto Sales Lot under Master File
No. SP2013 -010.
(RC) MOTION: I move to approve the Consent Agenda as read.
Regular Meeting 2 June 3, 2013
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," May 2013.
1. Norberto and Flor Canseco, 1802 N. 9t' Avenue
2. Betty New, 1719 W. Margaret Street
3. Zenaido and Angelica Martinez, 2905 N. Road 56
4. My Phengsavanh, 5612 Okanogan Lane
(b) `Business of the Month" Appearance Award. (NO WRITTEN MATERIAL ON AGENDA)
The following Pasco business has been invited to attend the Council meeting to receive a
Certificate of Appreciation from the City Council for "Business of the Month Appearance
Award" for May 2013.
1. Banner Bank, 3211 W. Court Street
5. VISITORS - OTHER THAN AGENDA ITEMS:
(a)
(b)
(c)
6. REPORTS FROM COMMITTEES AND /OR OFFICERS:
(a) Verbal Reports from Councilmembers
(b)
(c)
HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING
THERETO:
(None)
8. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS:
(a) Ordinance No. , an Ordinance of the City of Pasco, Washington amending Section
5.04.080 of the Pasco Municipal Code, regarding business license transfer fees.
1. Agenda Report from Mitch Nickolds, Inspection Services Manager dated May 14, 2013.
2. Proposed Ordinance.
MOTION: I move to adopt Ordinance No. amending Title 5 of the Pasco Municipal
Code pertaining to the business license transfer fee and, further, authorize publication by
summary only.
(b) Ordinance No. , an Ordinance of the City of Pasco, Washington extending the Cable
Television Franchise Agreement with Falcon Video Communications, L.P., locally known as
Charter Communications, Inc., hereinafter referred to as "Grantee" through June 26, 2014.
1. Agenda Report from Stan Strebel, Deputy City Manager dated May 23, 2013.
2. Proposed Ordinance.
MOTION: I move to adopt Ordinance No. extending the Cable Television Franchise
Agreement with Charter Communications (Falcon Video Communications, L.P.) through June
26, 2014 and, further, authorize publication by summary only.
Q *(c) Resolution No. , a Resolution accepting the Planning Commission's recommendation and
approving a Special Permit for a High School on Lot 1, Binding Site Plan 2002 -05, except that
portion deeded for Lot 2, Binding Site Plan 2003 -09.
1. Agenda Report from Jeffrey Adams, Associate Planner dated May 30, 2013.
2. Vicinity Map.
3. Proposed Resolution.
4. Report to Planning Commission.
5. Planning Commission Minutes dated 4/25/13 and 5/16/13.
MOTION: I move to approve Resolution No. _, approving a Special Permit for the location of
a high school on a portion of Lot 1, Binding Site Plan 2002 -05, as recommended by the Planning
Commission.
Regular Meeting 3 June 3, 2013
Q *(d) Resolution No. , a Resolution accepting the Planning Commission's recommendation and
approving a Special Permit for a Church at 3315 W. Court Street.
1. Agenda Report from Jeffrey Adams, Associate Planner dated May 30, 2013.
2. Vicinity Map.
3. Proposed Resolution.
4. Report to Planning Commission.
5. Planning Commission Minutes dated 4/25/13 and 5/16/13.
MOTION: I move to approve Resolution No. _, approving a Special Permit for the location of
a church at 3315 W. Court Street as recommended by the Planning Commission.
Q *(e) Resolution No. , a Resolution accepting the Planning Commission's recommendation and
approving a Special Permit for a Church at 217 North Douglas Avenue.
1. Agenda Report from Shane O'Neill, Planner 1 dated May 30, 2013.
2. Vicinity Map.
3. Proposed Resolution.
4. Report to Planning Commission.
5. Planning Commission Minutes dated 3/21/13, 4/25/13 and 5/16/13.
MOTION: I move to approve Resolution No. _, approving a Special Permit for the location of
a church at 217 N. Douglas Avenue, as recommended by the Planning Commission.
9. UNFINISHED BUSINESS:
(None)
10. NEW BUSINESS:
*(a) Award 2013 Sewer Re- Lining Project:
1. Agenda Report from Ahmad Qayoumi, Public Works Director dated May 28, 2013.
2. Vicinity Map.
3. Bid Summary.
(RC) MOTION: I move to award the low bid for the 2013 Sewer Re- Lining Project, to Michels
Corporation in the amount of $529,970.17, including sales tax and, further, authorize the Mayor
to sign the contract documents.
*(b) Award 4'h and Clark Waterline:
1. Agenda Report from Mike Pawlak, City Engineer dated May 31, 2013.
2. Vicinity Map.
3. Bid Summary.
(RC) MOTION: I move to award the low bid for the 4s' and Clark Waterline Project to Ray Poland &
Sons, in the amount of $44,659.31, including applicable sales tax and, further, authorize the
Mayor to sign the contract documents.
11. MISCELLANEOUS DISCUSSION:
(a)
(b)
(c)
12. EXECUTIVE SESSION:
(a)
(b)
(c)
13. ADJOURNMENT.
(RC) Roll Call Vote Required
* Item not previously discussed
MF# "Master File #..."
Q Quasi - Judicial Matter
REMINDERS:
1. 1:30 p.m., Monday, June 3, KGH - Emergency Medical Services Board Meeting. (COUNCILMEMBER
TOM LARSEN, Rep.; AL YENNEY, Alt.)
2. 9:00 a.m., Tuesday, June 4, Pasco Red Lion - Benton - Franklin School Retirees Association State
Convention Welcome Address. (COUNCILMEMBER SAUL MARTINEZ)
3. 11:00 a.m., Tuesday, June 4, 6614 Aintree Drive - Hayden Homes at Chapel Hill Ribbon Cutting Event.
(COUNCILMEMBER BOB HOFFMANN)
4. 12:00 p.m., Wednesday, June 5, 2601 N. Capitol Avenue - Franklin County Mosquito Control District
Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; AL YENNEY, Alt.)
5. 5:30 p.m., Thursday, June 6, P &R Classroom - Parks & Recreation Advisory Board Meeting.
(COUNCILMEMBER SAUL MARTINEZ, Rep.; MIKE GARRISON, Alt.)
MINUTES
REGULAR MEETING PASCO CITY COUNCIL MAY 20, 2013
CALL TO ORDER:
The meeting was called to order at 7:00 p.m. by Rebecca Francik, Mayor Pro -tem.
ROLL CALL:
Councilmembers present: Rebecca Francik, Mike Garrison, Robert Hoffmann, Tom
Larsen, Saul Martinez, and Al Yenney. Excused: Matt Watkins.
Staff present: Gary Crutchfield, City Manager; Leland Kerr, City Attorney; Stan Strebel,
Deputy City Manager; Richard Terway, Administrative & Community Services Director;
Rick White, Community & Economic Development Director; Abroad Qayoumi, Public
Works Director; Mike Pawlak, City Engineer and Jim Raymond, Police Captain.
The meeting was opened with the Pledge of Allegiance.
CONSENT AGENDA:
(a) Approval of Minutes:
Minutes of the Pasco City Council Meeting dated May 6, 2013.
Minutes of the Special Pasco City Council Meeting dated May 13, 2013.
(b) Bills and Communications:
To approve General Claims in the amount of $1,106,229.20 ($56,872.99 in the form of
Electronic Fund Transfer Nos. 15001, 15019, 15020 and 15029; and $1,049,356.21 in the
form of Wire Transfer Nos. 1319 through 1321; and Claim Warrants numbered 192868
through 193109).
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 $147,018.23 and, of that amount, authorize
$98,241.70 be turned over for collection.
(c) Appointment to Parks and Recreation Advisory Board:
To appoint Jennifer Martinez to Position No. 1 (expiration date 2/2/14) to the Parks and
Recreation Advisory Board.
(d) Appointments to Historic Preservation Commission:
To appoint Malin Bergstrom to Position No. 1 (expiration date 8/1/14) and reappoint
Devi Tate to Position No. 5 (expiration date 8/1/16) to the Historic Preservation
Commission.
(e) Franklin County Affordable Housing Interlocal Agreement (MF #AGRMT
2013 -003):
To approve the First Amendment to the Interlocal Cooperation Agreement and Bylaws
with Franklin County, Connell, Mesa and Kahlotus for the purpose of administering HB
2060 generated surcharge funds for housing programs and, fiu-ther, authorize the Mayor
to sign the Amendment.
(f) Professional Services Agreement for Water Resources Plan:
To approve the Professional Services Agreement with Murray Smith and Associates for
Water Resources Plan in the amount of $81,465 and, further, authorize the City Manager
to sign the agreement.
3(a).1
MINUTES
REGULAR MEETING PASCO CITY COUNCIL MAY 20, 2013
(g) Traffic Signal Controller Replacement Plan:
To approve Amendment No. 1 to the Professional Services Agreement with Kittelson &
Associates, Inc., for the Traffic Signal Controller Replacement Plan, not to exceed
$30,000 and, further, authorize the City Manager to sign the agreement.
(h) Amendment to Interlocal Agreement with Port of Walla Walla for
Wastewater Treatment and Disposal Services:
To approve Amendment No. 1 to the Interlocal Agreement with the Port of Walla Walla
for Wastewater Treatment and Disposal Services and, further, to authorize the Mayor to
sign the Agreement.
(i) Encroachment Agreement for Franklin County Jail:
To approve the Encroachment Agreement with Franklin County and, further, authorize
the City Manager to sign the document.
(j) Dedication Deed: Deed for a Portion of Road 52 (MIT #DEED2013 -004):
To accept the dedication deed from Lance and Janell Dever for a portion of Road 52.
(k) Resolution No. 3471, a Resolution of the City of Pasco accepting the Planning
Commission Action Plan for resolving issues involving automobile repair operations
and directing the Commission to prepare the necessary code amendments.
To approve Resolution No. 3471, accepting the Planning Commission Action Plan for
resolving conflicts between violations of the Pasco Municipal Code and automobile
repair businesses.
MOTION: Mr. Garrison moved to approve the Consent Agenda as read. Mr. Martinez
seconded. Motion carried by unanimous Roll Call vote.
PROCLAMATIONS AND ACKNOWLEDGMENTS:
Mayor Pro -tem Francik presented a Proclamation to Ahmad Qayoumi, Public Works
Director and Alvaro Valladares, Heavy Equipment Operator, proclaiming May 19 -25,
2013 "Public Works Week."
VISITORS - OTHER THAN AGENDA ITEMS:
Mr. Mac Miller, Boise Idaho, addressed Council concerning a rock in Volunteer Park.
REPORTS FROM COMMITTEES AND /OR OFFICERS:
Mr. Martinez gave the Welcome Address at the Washington State Parks and Recreation
Commission meeting at Columbia Basin College.
Mr. Hoffmann commented on the General Fund Operating Statement through April 2013.
Mayor Pro -tern Francik shared the Gold Star Mothers' appreciation of City View
Cemetery staff in helping facilitate their Memorial Day Celebration.
QIA'A2 --1 -QM*1
2012 Overlays, Project No. C5- ST- 3R -12 -02 and 4th Avenue Corridor (Court Street
to I -182), Project No. C2- 10- 06 -STR:
Council and staff discussed the details of the proposed project.
MINUTES
REGULAR MEETING PASCO CITY COUNCIL MAY 20, 2013
MOTION: Mr. Garrison moved to award the low bid for the 2012 Overlays and 4th
Avenue Corridor (Court Street to 1 -182) Projects to Granite Construction, Inc., in the
amount of $1,682,602.96 and, further, authorize the Mayor to sign the contract
documents. Mr. Hoffinann seconded. Motion carried by the following Roll Call vote:
Yes — Yenney, Francik, Garrison, Martinez. No — Hoffinann, Larsen.
"A" Street / 1st Avenue Railroad Crossing:
MOTION: Mr. Garrison moved to award the low bid for the "A" Street / 1 st Avenue
Railroad Crossing Project, Base Bid, to Ray Poland and Sons, Inc., in the amount of
$48,023.00 and, further, authorize the Mayor to sign the contract documents. Mr.
Martinez seconded. Motion carried by the following Roll Call vote. Yes — Martinez,
Francik, Garrison, Hoffinann, Larsen. No — Yenney.
Maple Drive Sewer Extension:
MOTION: Mr. Garrison moved to award the low bid for the Maple Drive Sewer
Extension Project to Sharpe & Preszler Construction Company, Inc., in the amount of
$76,100.91, including applicable sales tax and, further, authorize the Mayor to sign the
contract documents. Mr. Hoffinann seconded. Motion carried by unanimous Roll Call
vote.
Professional Services Agreement HDR — Construction Management:
Council and staff discussed the details of the proposed agreement.
MOTION: Mr. Garrison moved to approve the Professional Services Agreement with
HDR, authorizing Construction Engineering Services with respect to the Heritage
Industrial Center Primary Lead Track, Phase 2 — Big Pasco Industrial Center Hub
Development, Phase 5b Project, not to exceed $109,179 and, father, authorize the City
Manager to sign the agreement. Mr. Martinez seconded. Motion carried unanimously.
MISCELLANEOUS
Council and staff discussed the street light conversion cost savings.
ADJOURNMENT:
There being no further business, the meeting was adjourned at 7:29 p.m.
APPROVED:
ATTEST:
Matt Watkins, Mayor Debra L. Clark, City Clerk
PASSED and APPROVED this 3d day of June, 2013.
CITY OF PASCO
Council Meeting of: June 3, 2013
Accounts Payable Approved
The City Council
City of Pasco, Franklin County, Washington
We, the undersigned, do hereby certify under penalty of perjury that the materials have been furnished, the
ces rendered or the labor performed as described herein and that the claim is a just, due and unpaid
obligation qg m the city and that we are authorized to authenticate and certify to said claim.
4ele Masoo, 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 3 day of June, 2013 that the merchandise or services hereinafter specified have been received:
Check Numbers and
Electronic Funds Transfers:
Electronic Funds Transfers:
(Journal Entries)
Councilmember
193110 - 193309
1317,1318,
1322 -1327
15164,15212,15263
GENERAL FUND:
Legislative
Judicial
Executive
Police
Fire
Administration & Community Services
Community Development
Engineering
Non - Departmental
Library
TOTAL GENERAL FUND:
In The Amount Of: $ 1,199,236.53
In The Amount Of: $ 275,514.68
Combined total of $1,474,751.21
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
ECONOMIC DEVEL & INFRASTRUCT
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
MEDICAL/DENTAL INSURANCE
CENTRALSTORES
PAYROLL CLEARING
LID CONSTRUCTION
PUBLIC FACILITIES DIST
TRI CITY ANIMAL CONTROL
SENIOR CENTER ASSOCIATION
GRAND TOTAL ALL FUNDS:
367,755.15
60,501.54
0.00
79,536.85
475.73
24.69
0.00
$ 1,474,751.21
3(b).1
CITY OF PASCO
Payroll Approval
The City Council
City of Pasco
Franklin County, Washington
The following is a summary of payroll claims against the City of Pasco for the month of
May 2013 which re present_%c ewith for your review and approval.
Council Meeting of:
June 3, 2013
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. 45434 through 45568 and 80270 through 80279 and EFT deposit
No's. 30059210 through 30060085 and City contributions in the aggregate amount of $3,398,522.87 are
approved for payment on this 3rd day of June 2013.
Councilmember
GENERALFUND
Councilmember
SUMMARY OF PAYROLL BY FUND
Legislative
$ 12,018.53
Judicial
116,136.72
Executive
103,637.06
Police
1,000,297.36
Fire
508,743.87
Administrative & Community Services
471,049.36
Community Development
130,756.64
Engineering
181,094.95
TOTAL GENERAL FUND 2,523,734.49
CITY STREET
55,843.53
BLOCK GRANT
10,169.08
HOME CONSORTIUM
1,613.60
NSP
1,787.27
MARTIN LUTHER KING CENTER
9,059.63
AMBULANCE SERVICE FUND
255,220.01
CEMETERY
17,834.44
ATHLETIC FUND
2,259.23
SENIOR CENTER
21,519.58
STADIUM OPERATIONS
0.00
MULTI -MODAL FACILITY
0.00
BOAT BASIN
0.00
REVOLVING ABATEMENT FUND
0.00
TASK FORCE
0.00
WATER /SEWER
451,810.95
EQUIPMENT RENTAL - OPERATING
40,817.14
OLD FIRE PENSION FUND
6,853.92
GRAND TOTAL ALL FUNDS
$ 3,398,522.87
Payroll Summary
Net Payroll 1,598,614.94
Employee Deductions 967,702.31
Gross Payroll 2,566,317.25
City of Pasco Contributions 832,205.62
Total Payroll $ 3,398,522.87 3(b).2
AGENDA REPORT
FOR: City Council
TO: Gary CrutchfI Manager
FROM: Robert Metzge , Chief of Poli o
SUBJECT: Interagency Agreement for Summer School Services
I. REFERENCE:
A. Proposed Interagency Agreement
May 15, 2013
Workshop Mtg.: 5/28/13
Regular Mtg.: 6/3/13
II. ACTION REQUESTED OF COUNCIL STAFF RECOMMENDATIONS:
5/28: Discussion
6/03: MOTION: I move to approve the Interagency Agreement with the Pasco School
District for summer school services and, further, authorize the Mayor to sign the
agreement.
III. FISCAL IMPACT:
Pasco School District Funds - $ 15,629
IV. HISTORY AND FACTS BRIEF:
A) School Resource Officers (SRO) are full -time uniformed police officers primarily
dedicated to providing law enforcement resource services to assigned schools and
surrounding neighborhoods. The School District has requested an extension of the
SRO services for the 2010 Summer School at Pasco High School. Normally, SRO
services are not provided during summer months. The School District has summer
school programs at Pasco High School, Chiawana High School, and New Horizons
High School. As a proactive measure, the School District has requested SRO services
for up to eight hours each day of summer school. There are 24 summer school days
from June 10ei to July 13`h at Chiawana, and June 17th to July 12`h as Pasco High.
SRO's are assigned to work normal patrol duties when school is not in session.
B) The proposed Interagency Agreement is effective June through July 2013, and
provides two School Resource Officers for the 2013 Summer School. The School
District will reimburse the City for the salary and fringe benefits costs for two officers
during 24 days of summer school. The School District presented the proposed
Agreement to the School Board in May 2013. The School Board approved the
Agreement and payment for the services. The City Council's approval of the
Agreement is all that is required for the Police Department to proceed on schedule.
3(c)
INTERAGENCY AGREEMENT
Between
Pasco School District No. 1
And
City of Pasco, Washington
This agreement, pursuant to Chapter 39.34 RCW is made and entered into by and between the
Pasco School District No. 1, hereafter referred to as the "District" and the City of Pasco, a
municipal corporation of the State of Washington, hereafter referred to as the "City."
No special budget or funds are anticipated, nor shall be created. It is not intended that a separate
legal entity be established to conduct this cooperative undertaking, nor is the acquiring, holding,
or disposing of real or personal property other than as specifically provided within the terms of
this Agreement, anticipated. The Chief of Police of the City of Pasco, Washington, shall be
designated as the Administrator of this Interlocal Agreement.
This Agreement shall be filed with the Franklin County Auditor, or alternatively listed by subject
on either parties' website or other electronically retrievable public source.
It is the purpose of this agreement to:
Enhance the safety and security of students, teachers, staff, and visitors and provide
patrol of the various campuses of the District located within the City of Pasco,
Washington.
2. Provide for the presence of armed and uniformed City Police Officers both inside and
outside the school buildings on selected campuses of the District during certain school
hours in support of such safety and security and the maintenance of a secure and peaceful
learning atmosphere.
3. Provide for prevention, intervention, and prompt effective enforcement by the City's
Police Department in situations involving, but not limited to:
a. Maintenance of order
b. Use, possession, or sale of illegal drugs and alcohol on school premises
C. Crimes against persons
d. Crimes against property
e. Any other situations or activities which require the intervention of law
enforcement officers; and
4. Provide for participation by police officers in the educational activities and role modeling
to foster and enhance knowledge of and respect for law enforcement and law
enforcement officers by students and the community.
5. Provide positive and supportive interface between law enforcement representatives and
the District's substance abuse and harassment prevention efforts including, but not
limited to Natural Helpers, Student Assistance Teams, Anti- Harassment and Bullying
Project and other intervention and prevention efforts by the District.
Interagency Agreement between Pasco School District No. 1 and the City of Pasco.
Page 1 of 6
It is therefore mutually agreed that:
1. Statement of Work. The City shall furnish the necessary personnel and services and
otherwise do all things necessary for and incidental to the performance of the work stated herein.
The City shall:
a. Assign two full -time uniformed police officers for eight consecutive hours each
day from 07:30 AM to 3:30 PM to provide School Resource Officer services at
specific schools June 10 — July 12, 2013 (except July 4, 2013) in accordance with
the following schedule.
1. Chiawana High School: June l Os' - July 03, 2013 Monday - Friday
2. Pasco High School: June 17`h -July 12, 2013 Monday - Friday
3. New Horizons: TBD Monday - Friday
One SRO will be assigned to Chiawana High School beginning June 10th. The second SRO will
cover duties at the remaining schools for the first full week of classes. The second SRO will be
assigned to Pasco High School beginning June 17th. Both officers are responsible for responding
to incidents at the other schools as needed during the overlap period. Each SRO shall make
certain that the Administration at their assigned school is notified when they are required to
respond to another school. Generally, the quickest way to get an SRO to respond to an alternate
school will be to call the Franklin County Emergency Dispatch Center and request an SRO be
sent to the incident at a specific school. Except in incidents where a particular SRO may have
prior knowledge or involvement in a specific case or other extenuating factors, the on -duty
police supervisor will designate which SRO responds.
Office space shall be provided as available at each school for the use of the School Resource
Officer. Such office shall be equipped with one office desk and chair, and one locking cabinet.
The City shall provide a lockable cabinet capable of securing police department equipment when
not in use by the officer.
b. Cooperate with the District to provide training and education to each assigned
officer to insure effective communication and interrelation with the school
community and its students;
C. Cooperate with the District to monitor and evaluate the effectiveness of the
assigned officers and the program;
d. Meet as needed during the academic year with the District's representative (as
designated by the District) to evaluate the effectiveness of the program;
e. Cooperate with the District's representative to investigate and report on any
complaints regarding the conduct of an assigned officer, share fully, as permitted
by law, with the District's representative all results of such investigations for the
purpose of responding to each complaint and cooperate to resolve each complaint.
Provided, that it shall be the responsibility of the District to respond to any
complaint the District received from a student, parent or patron of the District and
communicate the results of any investigation to such person or persons.
Interagency Agreement between Pasco School District No. 1 and the City of Pasco.
Page 2 of 6
2. Terms and Conditions. All rights and obligations of the parties to this agreement shall be
subject to and governed by the terms and conditions contained in the text of this agreement.
3. Period of Performance. Subject to its other provisions, the period of performance of this
agreement shall commence on June 10, 2013 and be completed on July 13, 2013 with July 4`h
scheduled off, unless terminated sooner as provided herein.
The principal shall be responsible for notifying the Chief of the City's Police Department of the
school calendar, schedule of events and activities, and any changes in the same. The principal
shall determine the specific hours when an officer shall be present within the limits set forth in
Section La. of the Agreement.
4. Payment. The District shall reimburse the City for its expenses in employing two officers for
(estimated) 328 hours as follows:
a. For June 10, 2013 through July 13, 2013, an estimated total of fifteen thousand, six
hundred and twenty nine dollars. ($15,629.00).
Actual amount will be determined by the parties based upon any negotiated wage
increase between the City and the police officer's collective bargaining unit. The current
estimated wage rate with benefits is $47.65 per hour.
5. Billing Procedure. The City shall submit a monthly invoice or billing statement to the
District. Payment shall be made to the City according to the regular procedures of the District.
6. Funding. If for any reason the District exhausts its budgeted funds for payment to the City
for its services described herein or funds from any expected funding source become unavailable,
the District shall notify the City and the obligations of the City shall immediately cease and this
agreement terminate, unless the district otherwise assumes the obligations for the payment of
services rendered by the Police Department.
7. Non - discrimination. In the performance of this agreement, the District and the City shall
comply with the provisions of Title VI of the Civil Rights Act of 1964 (42 USC 200d), Section
504 of the Rehabilitation Act of 1973 (29 USC 7904) and Chapter 49.60 RCW, as now and
hereafter amended. Both shall not, except as they may be specifically allowed by laws to do so,
discriminate on the grounds of race, color, national origin, sex, religion, marital status, age,
creed, Vietnam -Era and Disabled Veterans status, or the presence of any sensor, mental, or
physical handicap.
In the event of non - compliance by either party or refusal to comply with the above provisions
this agreement may be rescinded, canceled, or terminated in whole or in part. The non-
complying parry shall, however, be given a reasonable time in which to cure this non-
compliance. Any dispute may be resolved in accordance with the "Disputes" procedure set forth
herein.
8. Records Maintenance. The City shall maintain books, records, documents and other
evidence that sufficiently and effectively reflect all direct and indirect cost expended in the
Interagency Agreement between Pasco School District No. I and the City of Pasco.
Page 3 of 6
performance of the services described herein. These records shall be subject to inspection,
review or audit by the personnel of both parties, other personnel authorized by either party, the
Office of the State Auditor and federal officers, if any, so authorized by law. The City and
District shall retain all books, records, documents, and other materials relevant to this agreement
for five (5) years after expiration. The office of the State Auditor, federal auditors, and any
persons authorized by the parties shall have full access and the right to examine any of these
materials during this five -year period.
9. Responsibilities and Authority of School Administrator. The principal or other
administrator designated by the District is responsible for the supervision and daily operations of
the school shall, subject to the lawful exercise of the officer's law enforcement responsibilities,
schedule, assign and direct the officer's duties under this agreement.
The principal is responsible for the investigation of non - criminal incidents that occur at or are
related to the school. If the principal finds that he or she or any individual is in physical danger,
the principal may request the law enforcement officer to assist him or her.
In the case of a search of student property for the violation of District rules or other
administrative reasons, the school principal or designated administrator or District employee will
conduct the search. Once the principal has reason to believe that a crime has been or may be
committed, the principal or other designated administrator shall request the law enforcement
officer to assume responsibility.
The building administrator shall have the responsibility to contact and report to parents and
patrons regarding activities and findings of the law enforcement officer, where appropriate.
10. Indemnification. Each party shall defend, protect and hold harmless the other party from
and against all claims, suits and/or actions arising from any negligent or intentional act or
omission of that party's employees or agents while performing under this agreement.
11. Agreement Alterations and Amendments. The District and the City may mutually amend
this agreement. Such amendments shall not be binding unless they are in writing and signed by
the personnel authorized to bind the District and the City.
12. Termination. Except as otherwise provided in this agreement, either party may terminate
this agreement by providing sixty (60) days advance written notification to the other parry of
their intent to terminate the agreement. If this agreement is so terminated, the terminating party
shall be liable only for performance, in accordance with the terms of this agreement for
performance rendered prior to the effective date of termination.
13. Savings. Should any portion of this agreement be declared illegal, the balance of the
agreement shall remain in full force and effect to carry out the purposes of this agreement.
14. Disputes. In the event that a dispute arises under this agreement, it shall be resolved in the
following manner: The Director of Educational Services of the District shall appoint a member to
the Dispute Board. The Pasco Chief of Police shall appoint a member to the Dispute Board. The
Director of Educational Services and the Pasco Chief of Police shall jointly appoint a third
member to the Dispute Board. That person shall act as chairperson, convene the Dispute Board
Interagency Agreement between Pasco School District No. 1 and the City of Pasco.
Page 4 of 6
and cause a determination of the dispute, arrived at by a majority of the Board, to be rendered in
a timely manner. The determination of the Dispute Board shall be final and binding on the
District and the City.
15. Notices. Any notices required herein or related hereto shall be delivered in writing to the
District at:
Pasco School District No.1
Attn.: Executive Director, Operations
1215 West Lewis Street
Pasco, WA 99301
And to the City at: Pasco Police Department
Attn: Chief of Police
525 North Yd Avenue
Pasco, WA 99301
16. All Writings Contained Herein. This agreement contains all the terms and conditions
agreed to by the parties. No understandings, oral or otherwise, regarding the subject matter of
this agreement shall be deemed to exist or to bind any of the parties to this agreement.
Interagency Agreement between Pasco School District No. 1 and the City of Pasco.
Page 5 of 6
In Witness whereof, the parties have executed this agreement effective this
2013.
City of Pasco:
Matt Watkins
Mayor,
Attest:
Debbie Clark
City Clerk
Approved as to Form
Leland Kerr
City Attorney
Pasco School District No. 1
Sherry Lacon
President, Boar of Education
Saundra L. Hill
Superintendent
.w Lmf- _
John Morgan
Executive Director, Operations
School District Counsel
day of
Interagency Agreement between Pasco School District No. I and the City of Pasco.
Page 6 of 6
AGENDA REPORT
FOR: City Council May 29, 2013
TO: Gary Crutchfiel 'tanager Regular Mtg.: 6/3/13
Rick White,
Community & conomic Development Director
FROM: David I. McDonald, City Planner
SUBJECT: UTILITY EASEMENT: Utility Easement from the Grimmway Processing Plant
(MF # INFO 2013 -036)
I. REFERENCE(S):
1. Overview Map
2. Vicinity Map
3. Utility Easement from Grimmway Enterprises
II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS:
6/3: MOTION: I move to accept the permanent utility easement from
Grimmway Enterprises.
III. FISCAL IMPACT
None
IV. HISTORY AND FACTS BRIEF:
A. Grimmway Enterprises is in the process of constructing a carrot processing
facility near the intersection of Dietrich Road and Commercial Avenue. Due to
the size and location of the water lines serving the project an additional utility
easement is required. The easement is being provided for the benefit of the City's
water utility system.
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No RON Estate Excis Tax Paid
This Instrument Exempt Under RCW 09A
Treasurer. Frankhn County
WHEN RECORDED RETURN TO:
City of Pasco, Washington
Engineering Department
525 North 3rd Avenue
Pasco, WA 99301
CITY OF PASCO
PERMANENT UTILITY EASEMENT
GRANTOR, Grimmway Enterprises, Inc., a California Corporation, as donation for
public purposes pursuant to RCW 35A.21.240, the receipt of which is hereby acknowledged,
hereby grants to the GRANTEE, City of Pasco, Franklin County, Washington, a Municipal
Corporation, and to its successors or assigns, the right to enter upon the lands of the
Grantors situated in the County of Franklin, State of Washington, and more particularly
described as follows:
See attached Exhibit A, Easement Description
See attached Exhibit B, Easement Map
and to construct, operate, maintain, repair, replace or remove on and under the above described
land City utilities service lines and components with such surface obstructions, (i.e. valve covers,
meters, manholes, etc.) as will not unreasonably interfere with Grantor's surface usages and to
exercise such other rights as is necessary to carry out this purpose.
The Grantor agrees that all facilities installed upon the above - described land shall remain
the property of the Grantee, and that the Grantee shall have the right of reasonable ingress and
egress over the adjacent lands of the Grantor for the purpose of exercising all rights hereby
granted.
This Agreement is exclusive to the Grantee, touching and connecting the above - described
real property and shall run with the land.
In the event of any claim or dispute arising out of this Agreement, venue shall be placed
in Franklin County Superior Court, and an award of reasonable attorney fees shall be made to the
substantially prevailing party in any such dispute.
DATED this 17th day of May, 2013.
GRANTORS: n
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Owner - J f Hucka Owner
Executive Vice President
Permanent Utility Easement - I
STATE OF CALIFORNIA )
:ss
County of Kern )
On this day personally appeared before me, Jeff Huckabv, Executive Vice - President, to
be known to be the individuals described in and who executed the within and foregoing
instrument, and acknowledged that they signed the same as their free and voluntary act and deed
for the uses and purposes therein mentioned.
GIVEN under by hand aud official seal this day of 2013.
MANGY G. HARRI6 Notary Public 'n forth State of California
q ommiGomm.# 192073 Residing at �1
NOTARY HIIEIO•CALIFORNIA
KENN COUNTY C
ssion Expires: : 2
Mr COMM. Eu. FES. 3.2015
The City Council of the City of Pasco, Washington, accepted the conveyance and
dedication made out in this Permanent Utility Easement at their regular meeting on
2013, as reflected in the official minutes of the City
Council.
ACCEPTED BY CITY OF PASCO:
Debra L. Clark
City Clerk
Permanent Utility Easement - 2
April 15, 2013
EXHIBITA
PROPOSED CITY OF PASCO PERMANENT UTILITY EASEMENT
A utility easement lying in a portion of Lot 3, Short Plat 2013 -03, according to the Short
Plat thereof, recorded in Volume 1 of Short Plats, page 914, Records of Franklin
County, Washington lying in a portion of the Southwest quarter of the Southwest
quarter of Section 22, Township 9 North, Range 30 East, Willamette Meridian, City of
Pasco, Franklin County, Washington, described as follows:
A 30.00 -foot wide by 41.00 -foot long utility easement for the installation, operation,
maintenance, renewal and replacement of utility lines and structures over, under and
across the following described parcel of land;
Beginning at a Washington State Department of Transportation monument marking the
Southwest comer of said Section 22 as shown in said Short Plat 2013 -03;
Thence North 00'00'03" West along the West line of the Southwest quarter of said
Section 22 for a distance of 1049.04 feet, said point bears South 00'00103" East,
1608.44 feet from a Brass Cap marking the Northwest comer of the Southwest quarter
of said Section 22;
Thence leaving the West line of the Southwest quarter of said Section 22, North
89'59'57" East, 30.00 feet to the Easterly right -of -way line of Dietrich Road as
described under Franklin County Auditors File Number 203105, Records of Franklin
County, Washington, said point being 30.00 feet Easterly of the centerline of said
Dietrich Road when measured at right angles;
Thence leaving the Easterly right -of -way line of said Dietrich Road and continuing
North 89'59' 57" East, 10.00 feet to the Easterly line of a 10.00 -foot wide Utility
Easement as shown in said Short Plat 2013 -03 and the TRUE POINT OF
BEGINNING of the easement to be described;
Thence continuing, North 89'59'57" East, 30.00 feet;
Thence North 00'00'03" West parallel to the Easterly right -of -way line of said
Dietrich Road for a distance of 41.00 feet;
Thence South 89'59'57" West, 30.00 feet to the Easterly right -of -way line of
said Dietrich Road;
Thence South 00 °00'03" East parallel to the Easterly right -of -way line of said
Dietrich Road for a distance of 41.00 feet to the TRUE POINT OF
BEGINNING and the end of this easement description.
ALSO TOGETHER WITH AND SUBJECT TO easements, reservations, covenants
and restrictions apparent or of record.
04- t - X0V!�
EXHIBIT "B"
PROPOSED CITY OF PASCO
PERMANENT UTILITY EASEMENT
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APRIL 15, 2013
FOR: City Council
TO: Gary Crutchfif
Rick White,
Community &
AGENDA REPORT
Development Director
FROM: David I. McDonald, City Planner -b~
May 29, 2013
Regular Mtg.: 6/3/13
SUBJECT: DEDICATION DEED: Deed for a portion of 27`h Ave. (MF # DEED 2013 -006)
I. REFERENCE(S):
1. Overview Map
2. Vicinity Map
3. Right -of -Way Dedication Deed from Bulmaro and Rita Chavez
II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS:
6/3: MOTION: I move to accept the dedication deed from Bulmaro and Rita
Chavez for a portion of 27`h Avenue.
III. FISCAL IMPACT
None
IV. HISTORY AND FACTS BRIEF:
A. The owners of the Cabana Tavern (old Fireside Inn) are in the process of
remodeling and expanding their facility at the northeast corner of Irving and 27
Avenue. This property was originally developed in the County without providing
right -of -way for 27`h Avenue.
B. As a part of the permitting process the property owners are required to provide the
missing right -of -way for 27`h Avenue.
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After Recording, Return To:
City of Pasco, Washington
Attn: City Planner
525 North 3`d
Pasco, WA 99301
DEDICATION DEED
Tax Parcel No. 113 - 832 -078
THE GRANTOR(S), Bulmaro & Rita Chavez, husband and wife, by
donation pursuant to RCW 35A.79.010, dedicates, conveys and quit claims to the
GRANTEE, THE CITY OF PASCO, a Municipal Corporation of the State of
Washington, for the public use, as a public right -of -way, all interest in the land
described as follows:
The east 30 feet of the NE '/< of the NW % of the NW '/< of the SE '/< of Section 25, Township 9
North, Range 29 E., W.M. except any portion which may lie within West Irving Street and Road
27, also except the E 220 feet thereof, and except the North 219 feet thereof, filed for record in
the office of the county auditor in Franklin County, State of Washington.
Containing 3,313 square feet more or less.
Dedication Deed - I
Said dedicated land appears on Exhibit `A' attached hereto.
DATED this 9—�dayolgfL o 2013.
GRANTOR(S)
Owner(s)
WM ���..�,
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BRENDA L. TIMPANY
Print Name: L_
NOTARY PUBLIC
s
STATE OF WASHINGTON )
ss.
County of Franklin
On this 54y of 2013, before me, the undersigned, duly
commissioned and sworn, personally appeared as rof 0 iz 1 a fir to me known to be
the individual(s) described above and who executed the within and for g g 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 be /she /they is /are authorized to execute the said instrument.
GIVEN under by hand and official seal this -;�5r4ay of 2013.
I o '
BRENDA L. TIMPANY
Print Name: L_
NOTARY PUBLIC
NOTARY PUBLIC in and for the State of Was gton
STATE OF WASHINGTON
Residing at: w (zaz,k[r,,,,5e
cOMMISSION EXPIRES
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My Commission Expires: 5 -9 -1 `S
Dedication Deed - 2
FOR: City Council
TO: Gary Crutchfie
Rick White,
Community &
AGENDA REPORT
Director
FROM: David McDonald, City Planner's C
May 29, 2013
Regular Mtg.: 6/3/13
SUBJECT: SPECIAL PERMIT (MF# SP 2013 -010): Location of an Auto Sales Lot in the
6300 Block of Burden Boulevard
I. REFERENCE(S):
1. Vicinity Map
2. Appeal Letter
IL ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
6/3: MOTION: I move to set 7:00 PM, July 1, 2013 as the time and date for a
Closed Record Hearing to consider the appeal of the Special
Permit recommendation for the Warner Auto Sales Lot under
Master File No. SP2013 -010.
III. FISCAL IMPACT:
NONE
IV. HISTORY AND FACTS BRIEF:
A. At their last regular meeting the Planning Commission recommended denial of a
Special Permit for the location of an Auto Sales lot in the Sunny Meadows
Business Park at 6311 Burden Boulevard.
B. The applicant appealed the Planning Commission recommendation. The attached
letter explains the reasoning behind the appeal.
C. The appeal requires the City Council to set a time and date for a Closed Record
Hearing to consider the appeal. The earliest date available for a Closed Record
Hearing (which provides the necessary notification period and allows for
transcript preparation) is July 1, 2013.
3(f)
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Dave McDonald
From:
Dave Warner
Sent:
Wednesday, May 22, 2013 1:45 PM
To:
Dave McDonald
Subject:
Dave Warner/ MF# SP2013 -010
To whom it may concern,
I am requesting an appeal on the decision of the Planning Commission, for Master File # SP2013 -010
I am requesting the appeal based on these facts
# 1. 1 was not given enough time to prepare for the Meeting
a.The Report was post marked 05/1372013 and I did not receive it until 05 /16/2013 ( the evening
right before )
b. I was also told at the counter that this was just a formality and that i was not required to show up.
c. And with very little preparation there were many items and public concerns that could have been
addressed more accurately.
#2. The report was worded with stereotypical verbiage, like TYPICAL, USUAL, OBNOXIOUS and
NUISANCE.
a. While using terms of this nature, the TRUE facts and findings of the report were already down played to
the reader
#3. The report listed this as a high intensity business
a. We have no more foot traffic or intensity that the businesses that are already established there
b If this is not a high intensity zoned area, then why did we allow a Dutch bro Coffee just one block up .
Thank you Dave for all of your help in this process, We are looking forward to establishing an upscale Auto
facility that the city of Pasco can be proud of
Sincerely
Dave Warner of Warner Auto Center
AGENDA REPORT
FOR: City Council
TO: Gary Crutchfiel i Manager
Rick White,
Community & E onomic Development Directog4l
FROM: Mitch Nickolds, Inspection Services Manager
SUBJECT: Code Amendment: Business License Transfer Fee
I. REFERENCE(S):
A. Proposed Ordinance
May 14, 2013
Workshop Mtg.: 5/28/13
Regular Mtg.: 6/03/13
IL ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATION:
5/28: DISCUSSION:
6/3: MOTION: I move to adopt Ordinance No. amending Title 5 of the Pasco
Municipal Code pertaining to the business license transfer fee and
further, authorize publication by summary only.
III. FISCAL IMPACT:
MINIMAL
IV. HISTORY AND FACTS BRIEF:
A. Licensed businesses relocating from one location to another within Pasco must transfer their
existing business license to their new location.
B. In order to transfer the license to a new location, PMC 5.04.080 requires the business to pay
the City a transfer fee of $37.00.
C. The fee is charged to cover the cost of a site inspection for building and fire safety
compliance at the new location.
D. In the event of a business transferring to a new location that has received a building permit for
new construction, remodeling or expansion, those building and fire inspections are conducted
during the inspection process associated with that construction or remodeling.
E. In those cases, the building and fire safety inspections conducted with the business relocation
are not necessary.
F. As it is important to support efforts of Pasco businesses to grow and remain in Pasco by
building new facilities or remodeling, staff suggests an exception to the license transfer fee
for existing Pasco businesses that move to locations that have been inspected and approved
for occupancy during permitted construction projects.
V. DISCUSSION
G. While the number of businesses the proposed amendment may affect is small, staff believes it
will be well received and seen by existing commercial and industrial businesses as both a
reduction of "paperwork" and a measure of support from the City.
8(a)
WHEN RECORDED, PLEASE RETURN TO:
City of Pasco
Attn: Rick White
525 N. Third Avenue
Pasco, WA 99301
ORDINANCE NO.
AN ORDINANCE of the city of Pasco, Washington amending section 5.04.080 of the Pasco
Municipal Code, regarding business license transfer fees.
WHEREAS, licensed businesses relocating from one location to another within the city limits
must transfer their existing business license to their new location; and
WHEREAS, in order to transfer the license to a new location the business must pay the City a
transfer fee to cover a portion of the cost of an inspection for code compliance; and
WHEREAS, during construction or remodeling of new and existing facilities, building and fire
safety inspections are conducted by City inspectors, which precludes the need for a special inspection for
applicable code compliance; and
WHEREAS, the City desires to increase the ease of a business license transfer for existing Pasco
businesses; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO HEREBY
ORDAIN AS FOLLOWS:
Section 1. That Section 5.04.080 of the Pasco Municipal Code be and the same is hereby
amended to read as follows:
5.04.080 TRANSFERS. Licenses may be transferred upon application submitted to the City Clerk and
payment of a transfer fee as set forth in Chapter 3.07 of this code. The transfer fee may be waived for a
currently licensed business located within Pasco that transfers a business license to a different Pasco
location that has received current building and fire safety inspections as a result of a building permit for
new construction, expansion or remodeling_ Upon payment of the transfer fee, and satisfactory
compliance with other applicable City ordinances and general laws, the Clerk shall issue the license.
PASSED by the City Council of the City of Pasco this 3rd day of June, 2013.
Matt Watkins, Mayor
ATTEST:
APPROVED AS TO FORM:
Debra L. Clark, City Clerk Leland B. Kerr, City Attorney
AGENDA REPORT
FOR: City Council
TO: Gary Crutch Manager
FROM: Stan Strebel, putt' City Manager pj
SUBJECT: Charter Cable Franchise Extension/
I.
II.
REFERENCE(S):
1. Proposed Ordinance
May 23, 2013
Workshop Mtg.: 5/28/13
Regular Mtg.: 6/3/13
ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
5/28: Discussion
6/3: MOTION: I move to approve Ordinance No. , extending the Cable
Television Franchise Agreement with Charter Communications
(Falcon Video Communications, L.P.) through June 26, 2014 and,
further, authorize publication by summary only.
III. FISCAL IMPACT:
IV
V.
HISTORY AND FACTS BRIEF:
A) The City has been collecting information and preparing for negotiations with
Charter for renewal of the franchise agreement for the last 15 months.
Additionally, the City has been negotiating for the last six months. Unfortunately,
progress has not made it possible to recommend a form for franchise renewal at
this time, though the current franchise is set to expire June 26.
B) In order to provide additional time to complete the renewal /negotiations process,
staff proposes to extend the franchise for up to one additional year. In the event
that a new franchise can be completed for approval prior to expiration of the
extension, the new franchise will serve to cancel the remainder of the extension.
C) Under the proposed ordinance, Charter must provide its acceptance of the
extension within 12 -days of passage by the City (Charter has indicated its
acceptance of the extension to staff).
DISCUSSION:
A) Staff recommends approval of the ordinance authorizing the extension.
8(b)
ORDINANCE NO.
An ORDINANCE of the City of Pasco, Washington,
extending the Cable Television Franchise Agreement with Falcon Video
Communications, L.P., locally known as Charter Communications, Inc.,
hereinafter referred to as "Grantee" through June 26, 2014.
WHEREAS, cable providers are required to hold a franchise agreement with the City of
Pasco ( "City ") to use the City's public right -of -way to provide cable services; and
WHEREAS, the current cable franchise agreement was entered into pursuant to
Ordinance No. 3304 ("Cable Franchise ") on June 20, 1998; and
WHEREAS, control of Grantee was subsequently transferred from Falcon
Communications, L.P., to Charter Communications Holding Company, L.L.C., pursuant to
Resolution No. 2468; and
WHEREAS, the Cable Franchise is due to expire on June 26, 2013; and
WHEREAS, Grantee and the City have been engaged in informal renewal negotiations
in accordance with Section 626(h) of Title VI of the Communications Act of 1934, as amended
(the "Cable Act"); and
WHEREAS, the City has been conducting franchise renewal ascertainment in
accordance with Section 626(a)(1) of the Cable Act; and
WHEREAS, the parties continue to reserve all rights under the formal procedures of
Section 626 of the Cable Act, and do not waive any rights related thereto; and
WHEREAS, Grantee has filed timely notice of intent to renew its Franchise Agreement
with City pursuant to Section 626 of the Cable Act; and
WHEREAS, the City is willing to grant an extension of the current Franchise until June
26, 2014, to give the parties additional time to complete the renewal process.
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. Extension of the Term of the Franchise Agreement through June 26, 2014.
The Cable Franchise, as amended, is hereby extended, subject to the terms and conditions set
forth below, until the earlier of June 26, 2014, or when a new franchise agreement is agreed to by
the parties and enacted by the City.
Ordinance - 1
Section 2. Terms and Conditions of Extension of the Franchise Agreement. The
City's consent to the extension, described above, is subject to, and conditioned upon, the
following terms and conditions:
A. All terns and conditions of the existing Franchise Agreement shall remain in full
force and effect during the extension period.
B. The extension shall have no adverse effect on Grantee's compliance, nor shall the
extension be grounds for any change or modification in the remaining terms, conditions and
obligations of the Franchise Agreement.
C. The City and Grantee's agreement to extend the Franchise Agreement, as set forth
herein, shall not be construed, in any manner whatsoever, to constitute a waiver or release of any
rights that the City or the Grantee may have under the Franchise Agreement.
D. Both parties hereby reserve all rights under applicable provisions of the Cable Act,
including, without limitation, Sections 626 and 635 of the Cable Act. Nothing herein shall be
deemed or construed as a waiver, release or surrender of any right that either party may have
under the Cable Act or any applicable law.
E. Within twelve (12) days after passage of this Ordinance by the City Council,
Grantee shall file with the City Clerk its written acceptance of this Ordinance, substantially in the
form of Exhibit A, attached hereto.
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, Washington, and approved as
provided by law this day of 12013.
Matt Watkins, Mayor
ATTEST:
APPROVED AS TO FORM:
Debbie Clark, City Clerk Leland B. Kerr, City Attorney
Ordinance - 2
EXHIBIT "A"
Acceptance of Ordinance No.
TO: City of Pasco, Washington
Attention: Gary Crutchfield
Pasco City Hall
P.O. Box 293
Pasco, WA 99301
This is to advise the City of Pasco that Falcon Video Communications, L.P. (the
"Grantee "), hereby unqualifiedly accepts Ordinance No. , passed by the City Council on
2013, regarding the extension of the Cable Television Franchise
Agreement between Grantee and the City.
FALCON VIDEO COMMUNICATIONS, L.P.
( "Grantee ")
Ordinance - 3
By:
Name:
Title:
FOR: City Council
TO: Gary Crutch)
Rick White,
Community &
AGENDA REPORT
Development Director
FROM: Jeffrey B. Adams, Associate Planner
May 30, 2013
Regular Mtg.: 6/3/13
SUBJECT: SPECIAL PERMIT — Location of a high school in a C -1 (Retail Commercial)
Zone (MF# SP 2013 -008)
I. REFERENCE(S):
1. Vicinity Map
2. Proposed Resolution
3. Report to Planning Commission
4. Planning Commission Minutes: 4/25/13 and 5/16/13
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
6/3: MOTION: I move to approve Resolution No. , approving a
Special Permit for the location of a high school on a portion of
Lot 1, Binding Site Plan 2002 -05, as recommended by the
Planning Commission.
III. FISCAL IMPACT:
l0
IV. HISTORY AND FACTS BRIEF:
A. On April 25, 2013 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 high school on Lot 1, Binding Site Plan 2002 -05, except that portion deeded for
Lot 2, Binding Site Plan 2003 -09.
B. Following conduct of the public hearing, the Planning Commission recommended
the high school 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.
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RESOLUTION NO.
A RESOLUTION ACCEPTING THE PLANNING COMMISSION'S
RECOMMENDATION AND APPROVING A SPECIAL PERMIT FOR A HIGH
SCHOOL ON LOT 1, BINDING SITE PLAN 2002 -05, EXCEPT THAT PORTION
DEEDED FOR LOT 2, BINDING SITE PLAN 2003 -09.
WHEREAS, Pasco School District No. 1 submitted an application for the
location of a church on Lot 1, Binding Site Plan 2002 -05, except that portion deeded for
Lot 2, Binding Site Plan 2003 -09 (Tax Parcel 115 430 161); and,
WHEREAS, the Planning Commission held a public hearing on April 25, 2013 to
review the proposed high school; and,
WHEREAS, following deliberations on May 16, 2013 the Planning Commission
recommended approval of a Special Permit for the high school 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 Pasco School District No. 1 for
the location of a high school in a C -1 (Retail Commercial) District under
Master File # SP2013 -008 with the following conditions:
a. The special permit shall apply to Parcel No. 115 430 161.
b. The school site shall be developed in substantial conformity with
the site plan and building elevations submitted with the special
permit application.
c. The School District shall prepare a dust control mitigation plan to
be submitted with the building permit application.
d. The school district shall prepare a traffic study and modified traffic
management plan for the anticipated traffic to and from the
proposed school site to determine the need for additional right -of-
way improvements. The traffic management plan should include a
parking lot circulation plan for the proposed parking lot. The
traffic study and management plan must be completed and
submitted to the City Engineer prior to issuance of a building
permit and may result in additional conditions or requirements
related to the school construction.
e. All street improvements recommended in the traffic study,
including traffic signals, must be constructed in conjunction with
the construction of the school.
f. The School District shall pay the traffic mitigation fee in effect at
the time a building permit is issued.
g. 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.
h. 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.
i. Sidewalks in the Road 100Broadmoor right -of -way abutting the
school property shall be 7 feet in width.
j. A landscaping and screening plan approved by the Planning
Department shall be required as part of the building permit
application.
k. The School District shall construct a 6 -foot tall split -face block
wall between the proposed school and the properties to the north,
east, and south, coated with a City- approved anti - graffiti finish.
1. The School District shall not object to the issuance of a liquor
license within 1,000 feet of the school site.
m. 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 3rd day of June, 2013.
Matt Watkins, Mayor
ATTEST:
Debra L. Clark, City Clerk
APPROVED AS TO FORM:
Leland B. Kerr, City Attorney
REPORT TO PLANNING
MASTER FILE NO: SP 2013 -008 APPLICANT: Pasco School District No. 1
HEARING DATE: 4/25/13 1215 W Lewis St
ACTION DATE: 5/16/13 Pasco WA
BACKGROUND
REQUEST: SPECIAL PERMIT: Location of a high school in a C -1 Zone.
1. PROPERTY DESCRIPTION:
Legal: Lot 1, Binding Site Plan 2002 -05, except that portion
deeded for Lot 2, Binding Site Plan 2003 -09.
Location: A 6.3 acre parcel on the east side of Broadmoor Blvd.
approximately 210 feet north of the intersection with
Sandifur Parkway (Parcel ID #115 430 161).
Property Size: Approximately 6.3 acres
2. ACCESS: The property has access from Broadmoor Blvd. along the
west property line.
3. UTILITIES: All utilities are available to the site.
4. LAND USE AND ZONING: The site is currently zoned C -1 (Retail
Commercial). The site is vacant. Surrounding properties are zoned
and developed as follows:
North R -3 (Medium Density Residential) - Condos
South C -1 (Retail Commercial) - Office
East C -1 (Retail Commercial) - Office
West RT (Residential Transition) - Vacant
5. COMPREHENSIVE PLAN: The Comprehensive Plan Land Use Map
designates this area for commercial uses. The proposed use is a high
school. Goal OF -5 suggests adequate provisions should be made for
educational facilities throughout the urban growth area. Policy -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.
ANALYSIS
Applicant wishes to build a small, regional public high school building for Delta
High School, where students will focus on science, technology, engineering,
and mathematics (STEM) as integral elements of all subject matter. According
to a district spokesperson, the School District has seen great academic growth
in the students participating in the Delta School STEM program, and it is a
nationally recognized prototype that may be replicated by other school districts
around the country.
Pasco is the "home district' in which the Delta School will be built. The Pasco
School District will therefore be responsible for the construction and operation
of the school with support from the other districts.
High schools are listed as unclassified uses in the Pasco Municipal Code Title
25 (Zoning). Unclassified uses may be permitted in any zoning district following
a review through the Special Permit process.
The proposed site, approximately 6.3 acres of land fronting Broadmoor
Boulevard, is currently vacant and is located near the geographic center of the
Tri- Cities at the Road 100 /Broadmoor interchange, for exceptional access to
Kennewick and Richland.
The proposed school campus would include a 45,000 square -foot multi -story
(Average height 35 feet; highest peak 38 feet) structure finished with concrete
masonry veneer and precast concrete panels, student plaza amenities, visitor
parking and a bus drop- off /pick -up zone in the front, a parent drop off zone in
the rear, parking for at least 120 vehicles and all required utilities and
landscaping. The school would accommodate up to 400 students and 70
teachers and staff. The site is smaller than typical high schools because there
are no extra - curricular sports, music or other programs.
The Institute of Traffic Engineers (ITE) Trip Generation manual indicates that a
high school with 45,000 square feet of floor space could generate an average of
580 vehicle trips per weekday. By comparison, a 45,000 square -foot office park
might generate slightly less traffic at 514 trips per weekday, while a specialty
retail center of the same size has the potential of generating an average of
1,994 vehicle trips per weekday. Thus traffic impacts from the proposed high
school would not be substantially different than a comparable office park but
would be far less than a specialty retail center, both uses currently allowed in
the C -1 Zone.
2
It is also important to note that a majority of the students will leave the school
grounds well before the pm peak traffic time. Furthermore, even though the
morning traffic to the school may overlap the am peak traffic, the school traffic
will generally be going in the opposite direction. Finally, as the school will not
be open 12 months of the year, its impact on surrounding properties would be
lighter than currently permitted uses such as an office park or retail facility
which are customarily open year- round.
Based on the code requirement of $42 per vehicle trip, the traffic impact fee for
the proposed school would be approximately $24,362.
STAFF FINDINGS OF FACT
Findings of Fact must be entered from the record. The following are initial
Findings drawn from the background and analysis section of the staff report.
The Planning Commission may add Findings to this listing as the result of
factual testimony and evidence submitted during the open record hearing.
1. The site is vacant.
2. The site was annexed by the City of Pasco in 1982 (Ordinance #2388).
3. The site is zoned C -l.
4. The site is located at the Road 100 /13roadmoor interchange near the
geographic center of the Tri- Cities.
5. Delta High School is a regional educational facility serving three school
districts in the region.
6. Schools are unclassified uses and require review through the special
permit process prior to permitting for construction.
7. The site is within the city limits of Pasco.
8. The site borders an R -3 zoning district to the north, C -1 zoning districts
to the east and south, and an RT Zoning district to the west.
9. The R -3 area to the north is developed with the Mediterranean Villas
Condominiums.
10. The Comprehensive Plan designates the site for commercial uses.
11. Comprehensive Plan Goal OF -5 suggests that adequate provisions should
be made for the location of educational facilities throughout the urban
growth area.
12. The Pasco School District enrollment has grown from 8,048 in 1997 to
15,633 in the 2011 -2012 school year.
13. No extracurricular activities, such as sports or music will be sponsored
on campus.
14. The school will be closed during the evening hours, weekends, summer
break and various school holidays.
15. Commercial activities permitted on the site under the current zoning
classification would permit business that could remain open on the
weekends and well into the evening hours, year- round.
3
16. The Institute of Traffic Engineers (ITE) Trip Generation manual indicates
that a high school with 45,000 square feet of floor space could generate
an average of 580 vehicle trips per weekday.
17. Office parks and specialty retail centers with 45,000 square feet generate
an average of 514 trips and 1,994 vehicle trips per weekday, respectively.
18. Traffic impacts from the proposed high school would be comparable to an
office park and far less than a retail center, both uses currently allowed
in the C -1 Zone.
CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT
The Planning Commission must make Findings of Fact based upon the criteria
listed in P.M.C. 25.86.060. The criteria and staff listed findings are as follows:
(1) Will the proposed use be in accordance with the goats, policies, objectives
and text of the Comprehensive Plan?
The site is identified in the Comprehensive Plan for Commercial use.
School uses are allowed in all districts with the issuance of a special
permit. The proposed use supports goal CF -5 that 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.
(2) Will the proposed use adversely affect public infrastructure?
The public infrastructure surrounding this property was installed to
support the original retail nature of the property. The traffic impacts of a
high school with 45,000 square feet of floor space would be comparable
to or less than uses currently permitted in the C -1 zoning district. The
traffic impact fees were designed to help mitigate traffic impacts to the
circulation system resulting from new development. The school will be
contributing to the cost of future needed intersection improvements in
the area as the result of paying the traffic impact fees.
(3) Will the proposed use be constructed, maintained and operated to be in
harmony with the existing or intended character of the general vicinity?
The intended character of the general vicinity is commercial retail,
including high - traffic uses such as restaurants; the impact of a high
M
school with 45,000 square feet of floor space would not be significantly
different than those uses currently permitted in the C -1 zoning district.
(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 45,000 square -foot building is less than 35 feet tall. The
residential property to the north is fully developed with condominiums;
the R -3 zoning to the north was intended as a buffer between the C -1
and the less intensive R -1 to the north. Properties to the east and south
are partially developed with commercial and office uses, and would
benefit somewhat from the added landscaping which would be required
as part of the development requirements of the proposed Delta School
project. As no extracurricular activities are planned in conjunction with
this school, and because students will be bussed or driven to and from
the school from around the region, the impact of the school on
surrounding properties is not expected to be significantly different than
those currently allowed in the C -1 zone. The school will not being open
evenings, weekends or during the summer. This major difference would
provide a benefit to the neighborhood to the north.
(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?
As no extracurricular activities are planned in conjunction with this
school, and because students will be bussed or driven to and from the
school from around the region, the impact of the school on surrounding
properties is not expected to be significantly different than those
currently allowed in the C -1 zone.
(6) Will the proposed use endanger the public health or safety if located and
developed where proposed, or in any way will become a nuisance to uses
permitted in the district?
The 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 school
5
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 pedestrian and traffic safety issues.
TENTATIVE APPROVAL CONDITIONS
1. The special permit shall apply to Parcel No. 115 430 161.
2. The school site shall be developed in substantial conformity with the site
plan and building elevations submitted with the special permit
application.
3. The School District shall prepare a dust control mitigation plan to be
submitted with the building permit application.
4. The school district shall prepare a traffic study and modified traffic
management plan for the anticipated traffic to and from the proposed
school site to determine the need for additional right -of -way
improvements. The traffic management plan should include a parking
lot circulation plan for the proposed parking lot. The traffic study and
management plan must be completed and submitted to the City Engineer
prior to issuance of a building permit and may result in additional
conditions or requirements related to the school construction.
5. All street improvements recommended in the traffic study, including
traffic signals, must be constructed in conjunction with the construction
of the school.
6. The School District shall pay the traffic mitigation fee in effect at the time
a building permit is issued.
7. 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.
8. 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.
9. Sidewalks in the Road 100 /13roadmoor right -of -way abutting the school
property shall be 7 feet in width.
0
10. A landscaping and screening plan approved by the Planning Department
shall be required as part of the building permit application.
11. The School District shall construct a 6 -foot tall split -face block wall
between the proposed school and the properties to the north, east, and
south, coated with a City- approved anti - graffiti finish.
12. The School District shall not object to the issuance of a liquor license
within 1,000 feet of the school site.
13. The special permit shall be null and void if a building permit has not
been obtained by January 1, 2015.
RECOMMENDATION
MOTION: I move to adopt findings of fact and conclusions therefrom as
contained in the May 16, 2013 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 for
the location of a regional high school operation at Lot 1, Binding Site Plan
2002 -05, except that portion deeded for Lot 2, Binding Site Plan 2003 -09, with
conditions as listed in the May 16, 2013 staff report.
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REGULAR MEETING
PLANNING COMMISSION MEETING
CALL TO ORDER:
The meeting was called to order at 7:00pm by Chairwoman Kempf.
POSITION MEMBERS PRESENT
No.
1
Tim Hoekstra
No.
2
Tony Bachart
No.
3
No.
4
No.
5
No.
6
Loren Polk
No.
7
Zahra Khan
No.
8
Jana Kempf
No.
9
Paul Hilliard
MEMBERS ABSENT
Andy Anderson
Alecia Greenaway
Joe Cruz
April 25, 2013
C. Special Permit Location of a high school in a C -1 (Retail
Business) Zone (Delta High School) (MF# SP
2013 -008
Chairwoman Kempf read the master file number and asked for comments from staff.
Rick White, Community & Economic Development Director, discussed the special
permit application for the location of a high school in a C -1 (Retail Business) Zone.
Delta High School, is a specialized Science, Technology, Engineering and
Mathematics (STEM) School that focuses curriculum on those four subjects. It will
serve not only Pasco students but Richland and Kennewick students as well. The
property will contain appropriate visitor parking and drop off areas. It will not
have football fields or other extra - curricular facilities because they will not be
provided at this location.
The traffic impacts can be roughly compared to an office park of similar size,
however, less than one would experience if this 45,000 square foot building were
developed with retail spaces. Even at a lesser traffic generation rate than a retail
use, the school will generate traffic that is generally off -peak, overlapping a little
with the morning peak but earlier than the afternoon peak and should not conflict
with the other traffic patterns in that area.
An email was received from an adjacent property owner that requested that an
architectural wall be placed on the perimeter of the school except for the
Broadmoor Street side.
Commissioner Bachart stated that there is already a substantial wood fence.
He asked if the current fence would remain in place or if the new fence would replace
it.
Mr. White responded that it could be done both ways. If the fence remains, it will
not be the School District's responsibility to maintain, rather the various
homeowners. If the block wall is built then it will be maintained by the School
District.
Commissioner Khan asked if the property west of the proposed site would have
sidewalk put in by the School District.
Mr. White stated that it would not be the School District's responsibility to put in
the sidewalk on the property to the west of the proposed site. When the property
to the west develops it will be that developer's responsibility.
Commissioner Hilliard discussed the traffic counts for the mornings and afternoons
and how they will create their own peak traffic flow times. He asked if there is
right- of -way and access in the future to grow as the site on the west is development.
Mr. White responded that the existing right -of -way is adequate for the school but
will not be adequate in the future when the property on the west is developed.
There will be a substantial additional dedication of right -of -way and street
improvements when that property develops to the west. On the tentative list of
conditions the School District is asked to do a study to address traffic management
concerns.
Chairwoman Kempf asked if the property on the west was still currently mineral
land and will most likely not be developed for another several years.
Mr. White stated that the mineral designation doesn't go all the way over and
the gravel pit itself expires in the year 2025. The current property owner doesn't
seem to be motivated to develop that property.
John Morgan, 1215 E. Lewis Street, Assistant Superintendent of the Pasco
School District, spoke on behalf of the school. He explained that Delta is a State
recognized high school. They have math and science teams that perform around
the nation. There would be a minimum number of buses coming from other districts,
unlike other schools where there are thousands of students. The School District
will build the stone wall if it is decided that it is necessary.
Commissioner Khan asked for the projected population of the school. Mr. Morgan
answered that there would be roughly 400 students.
Chairwoman Kempf asked if there would be slightly less bus traffic due to many of
these students having their own vehicles or their parents dropping them off.
Mr. Morgan stated that they have found that the majority of these students will
ride the bus or their parents will drop them off.
Commissioner Hilliard stated that he liked the design of the school
Commissioner Bachart asked if the student population is expected to someday
exceed 400 students.
Mr. Morgan replied that 400 students is the expected population after growth and
that it is not currently at 400 students.
Commissioner Hoekstra asked for clarification of the design of the building.
Mr. Morgan answered that the design is going to be a great caveat for the district
and community.
Sharon Gittleman, 6008 Majestia Lane, was concern the school is going to
impact views that some of the Mediterranean Villas residents have. She was also
concerned about the increasing traffic and the ability of the residences to get in and
out of the development. She also wanted to know where the students will
congregate between classes and during breaks. She wanted to know what the stone
wall would entail and what it would look like.
Margaret Jacobson, 9601 Mia Lane, asked what the height of the school would be
and the height of the proposed block wall.
Chairwoman Kempf answered that the wall would be 6 feet tall.
Commissioner Polk asked if the students would be allowed off campus for lunch.
Mr. Morgan spoke to the concerns voiced by Mr. Gittleman, Ms. Jacobson and
Commissioner Polk. He stated that the building at its highest point will be 35 feet
tall consisting of a one -story building and partial two- story. They will have an
onsite lunch facility but that doesn't mean they cannot leave campus. The district
has found that traditionally the students eat on campus meeting with their teachers
or with their groups.
Commissioner Khan asked what the security will look like at Delta High School.
Mr. Morgan responded that traditionally the Pasco School District has a Security
Resource Officer (SRO) at each campus but the board will decide if one is
needed. There will be security cameras on campus and security entrances.
With no further comments the public hearing closed.
Commissioner Hilliard moved, seconded by Commissioner Khan, to close the public
hearing and schedule deliberations, the adoption of findings of fact and
development of a recommendation for City Council for the May 16, 2013
Planning Commission meeting. The motion passed unanimously.
REGULAR MEETING
PLANNING
CALL TO ORDER:
MEETING
The meeting was called to order at 7:OOpm by Chairman Cruz.
POSITION MEMBERS PRESENT MEMBERS ABSENT
May 16, 2013
No. 1 Tim Hoekstra
No. 2 Tony Bachart
No. 3 Andy Anderson
No. 4 Alecia Greenaway
No. 5 Joe Cruz
No. 6 Loren Polk
No. 7 Zahra Khan
No. 8 Jana Kempf
No. 9 Paul Hilliard
C. Special Permit Location of a high school in a C -1 (Retail
Businessl Zoning District (Pasco School
District) IMF# SP 2013 -0081
Chairman Cruz read the master file number and asked for comments from staff.
Rick White, Community & Economic Development Director, discussed the special permit
application for the location of a high school in a C -1 (Retail Business) Zoning District. He
explained that the site sketch has slightly changed since the previous meeting. The
revised site sketch locates the Delta High building further south to increase the
separation from Mediterranean Villas and moved the delivery and other busy areas have
also been moved to the south. This puts the busier uses closer to the commercial
properties rather than the residential properties.
Commissioner Greenaway asked if the school being closer to the road in the revised site
sketch will present any problems with safety.
Mr. White answered that it will not present any problems and it is a typical setup for a
commercial zone and the sketch is slightly misleading because it is actually about 60'
from the road.
Commissioner Kempf moved, seconded by Commissioner Anderson, to adopt findings of
fact and conclusions therefrom as contained in the May 16, 2013 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 for the location of a regional high school operation at Lot 1,
Binding Site Plan 20012 -05, except that portion deeded for Lot 2, Binding Site Plan 2003-
09, with conditions as listed in the May 16, 2013 staff report. The motion passed
unanimously.
Mr. White explained that this item will go to Council at the June 3, 2013 meeting unless
an appeal is received.
AGENDA REPORT
FOR: City Council May 30, 2013
TO: Gary Crutchfiel Manager Regular Mtg.: 6/3/13
Rick White,
Community & onoraic Development Director
FROM: Jeffrey B. Adams, Associate Planner
SUBJECT: SPECIAL PERMIT — Location of a Church in a C -1 (Retail Commercial) Zone
(MF# SP 2013 -005)
I. REFERENCE(S):
1. Vicinity Map
2. Proposed Resolution
3. Report to Planning Commission
4. Planning Commission Minutes: 4/25/13 and 5/16/13
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
6/3: MOTION: I move to approve Resolution No. ' approving a
Special Permit for the location of a church at 3315 W Court
Street as recommended by the Planning Commission.
III. FISCAL IMPACT:
NONE
IV. HISTORY AND FACTS BRIEF:
A. On April 25, 2013 the Planning Commission held public hearings to determine
whether or not to recommend approval of a Special Permit to allow the location of
a church at 3315 W Court Street.
B. Following conduct of the 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.
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RESOLUTION NO.
A RESOLUTION ACCEPTING THE PLANNING COMMISSION'S
RECOMMENDATION AND APPROVING A SPECIAL PERMIT FOR A CHURCH
AT 3315 W COURT STREET
WHEREAS, World Life Christian Center submitted an application for the
location of a church at 3315 W Court Street (Tax Parcel 119 271020); and,
WHEREAS, the Planning Commission held a public hearing on April 25, 2013 to
review the proposed church; and,
WHEREAS, following deliberations on May 16, 2013 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 Commercial) District under
Master File # SP2013 -005 with the following conditions:
a. The special permit shall apply to Parcel No. 119 271020.
b. The space leased to the church must maintain compliance with all
requirements of the International Building Code for an "A"
occupancy;
c. The following uses shall be prohibited:
i. Amusement game centers, recreation centers or similar
uses;
ii. The use of outdoor speakers and public announcement
systems of any kind;
d. The following design controls shall apply to these properties:
i. All outdoor lighting must be strictly shielded to prevent
lighting from encroaching on adjoining residential
property;
ii. All new development and site improvements shall comply
with the 1 -182 Corridor Design Standards as identified in
P.M.C. 25.58 as existing and hereafter amended;
e. Prior to fagade repainting and modification plans must be
submitted and approved by the Community and Economic
Development Director.
f The building, including entrances and restrooms, must be
ADA/handicap compliant;
g. Occupancy of the building for church purposes is contingent upon
continued compliance with all conditions listed above;
h. 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;
i. A landscape plan must be submitted and approved by the
Community and Economic Development Director.
j. Landscaping islands meeting PMC 25. 75. 070 standards must be
installed at the ends of all rows of parking;
k. The existing landscaped islands near the Court Street entrance
must be re- landscaped /restored to standards contained in PMC 25.
75. 070;
1. All landscape islands, beds and buffers must contain automated
irrigation systems.
m. The eastern margin of the property must be cleaned of all debris
and weeds and landscaped to standards contained in PMC 25. 75;
n. The driveway entrances shall be reconstructed to meet current
ADA requirements.
o. The special permit shall be null and void if a building permit has
not been obtained by June 1, 2014.
Passed by the City Council of the City of Pasco this 3rd day of June, 2013.
Matt Watkins, Mayor
ATTEST:
Debra L. Clark, City Clerk
APPROVED AS TO FORM:
Leland B. Kerr, City Attorney
REPORT TO PLANNING
MASTER FILE NO: SP 2013 -005 APPLICANT: World Life Christian Center
HEARING DATE: 4/25/13 3315 W Court St
ACTION DATE: 5/16/13 Pasco WA
BACKGROUND
REQUEST: SPECIAL PERMIT: Location of a church in a C -1 Zone.
1. PROPERTY DESCRIPTION:
Legal: Binding Site Plan 2011 -05, Lot 5.
Location: 3315 W Court Street
Property Size: Approximately 4.6 acres
2. ACCESS: The property has access from Court Street along the south
property line.
3. UTILITIES: All utilities are available to the site.
4. LAND USE AND ZONING: The site is currently zoned CR (Regional
Commercial). The site is developed with a 46,000 square -foot retail
building. Surrounding properties are zoned and developed as follows:
North R -S -12 (Suburban Residential) - SFDUs
South C -3 (General Commercial) - Retail
East C -1 (Retail Commercial) -Retail
West CR (Regional Commercial) - Retail
5. COMPREHENSIVE PLAN: The Comprehensive Plan Land Use Map
designates this area for commercial uses.
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
Applicant/ current owner wishes to remodel the exterior of the 46,000 square -
foot building and establish a church in the northern 2/3rd of the divided retail
space, with existing store front retail spaces to be retained for commercial
rental space. The church plans on dedicating about 6,800 square feet of the
church space for a sanctuary with removable seating (see site plan). Churches
are unclassified uses and require review through the special permit process
prior to locating or expanding in any zoning district.
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 for the new occupancy classification. If a 6,800 square -
foot portion with removable seating is devoted to sanctuary there will be
enough square footage for up to 900 people to congregate.
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.
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.
The property is approximately 4.6 acres fronting Court Street along the south
property line, with Agate Street on the rear property line to the north. It is
developed with a 46,000 square -foot retail building formerly occupied by a
Buttrey Market, then a Food Pavilion. The building is part of the Riverview
Plaza strip mall with 20,500 square feet of divided retail spaces directly
adjoining to the west and another 76,000 square -foot retail space at the west
end of the development, currently being renovated by Goodwill Industries for
use as a thrift store. The Food Pavilion store moved to the east side of Highway
395 in 1996 leaving the building vacant or underutilized for many years. Since
that time the building has had a series of owners that have tried to revitalize
the building and adjoining strip center. Most recently (2011 -2012) General
Advertising Agency converted the building to a market style retail space. This
effort has largely been unsuccessful. General Advertising Agency gave up this
effort in 2012 when the property was deeded to an investment group which in
turn sold the property to another investment group who again sold the property
to the World Life Church after owning the property for only nine months.
The property was annexed to the City in 1979, at which time it was zoned C -1-
D (Designed Shopping Center). The property has since been rezoned to C -1
2
(Retail Commercial) and in 2003 to CR (Regional Commercial) with a
concomitant agreement containing two conditions, as follows:
A. The following uses shall be prohibited:
1) Amusement game centers, recreation centers or similar
uses;
2) The use of outdoor speakers and public announcement
systems of any kind;
B. The following design controls shall apply to these properties:
1) All outdoor lighting must be strictly shielded to prevent
lighting from encroaching on adjoining residential property;
2) All new development and site improvements shall comply
with the 1 -182 Corridor Design Standards as identified in
P.M.C. 25.58 as existing and hereafter amended;
The referenced zoning changes were an effort to help the property and
adjoining strip center redevelop. Although the CR zoning broadened the
allowable uses on the property it had little impact toward effectuating a positive
change for the Riverview Plaza and the property in question.
The old Buttrey's /Food Pavilion building and parking lot were developed in
1980 prior to the initial landscaping standards that appeared in the zoning
regulations in 1982. The site has ample parking for the proposed use. The
parking lot does contain some perimeter landscaping, but lacks any interior
landscaping, particularly in the landscaping islands at the end of each row of
parking. The eastern margin of the parking lot is also an undeveloped strip of
weeds, dirt and debris. As a part of their remodel requirements General
Advertising Agency signed a development agreement that provided a timeline
for upgrading the parking lot landscaping based on the percentage of the
building occupied. That agreement expires on June 1, 2013. However through
the Special Permit process the Planning Commission has the latitude of
conditioning the approval of the special permit to include parking lot
landscaping improvements and improvement of the undeveloped strip along the
eastern margin of the parking lot.
The building on the site has been vacant or underutilized for about 17 years.
In that time it has passed through five different owners some of which retained
professional marketing agents to restore the building and adjoining strip center
to a fully leased and functioning commercial center. The leasing agents have
been unsuccessful and the building has generally been neglected with respect
to exterior maintenance. Any improvements needed on the building are to
comply with the design standards contained in PMC 25.58. These standards
were included as a condition when the property was rezoned from C -1 to CR in
2003. These conditions can also be included in the Special Permit conditions
with specific requirements to soften the color scheme and restore the facade to
a more appealing commercial look.
3
STAFF FINDINGS OF FACT
Findings of Fact must be entered from the record. The following are initial
Findings drawn from the background and analysis section of the staff report.
The Planning Commission may add Findings to this listing as the result of
factual testimony and evidence submitted during the open record hearing.
1. The site was annexed by the City of Pasco in 1979 (Ordinance #2066).
2. The site was originally zoned C -1 -D.
3. The site was rezoned from C -1 to CR in 2003 (Ordinance #3620) and has
been zoned CR for approximately 9 years.
4. The site and adjoining strip center were zoned CR in 2003 to broaden the
types of commercial uses permissible on the property in an effort to help
revitalize the commercial viability of the Riverview Plaza.
5. The CR rezone included a condition that all new development and site
improvements shall comply with the 1 -182 Corridor Design Standards as
identified in P.M.C. 25.58 as existing and hereafter amended.
6. The site borders CR, C -1 and RS -12 Zones to the west, east and north,
respectively.
7. The RS -12 area to the north is developed with single - family homes.
8. The Comprehensive Plan designates the site for commercial uses.
9. The site is developed with a 46,000 square -foot retail building.
10. The site has ample parking for the proposed use.
11. This building has been vacant or underutilized for approximately 17
years.
12. The building has been owned by five different investment groups or
development companies and World Life Christian Center over the past 17
years.
13. World Life Christian Center purchased the property in March of 2013.
14. World Life Christian Center is requesting a Special Permit for the location
of a church in the northern 2 /3rd of the building at 3315 West Court
Street.
15. World Life Christian Center plans to retain the existing retail store fronts
for commercial retail activities.
16. The parking lot landscaping does not conform to current standards.
17. The eastern margin of the property is undeveloped and consists of weeds,
debris and bare ground.
CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT
The Planning Commission must make Findings of Fact based upon the criteria
listed in P.M.C. 25.86.060. The criteria and staff listed findings are as follows:
9
(1) Will the proposed use be in accordance with the goals, policies, objectives
and text of the Comprehensive Plan?
The site is identified in the Comprehensive Plan for Commercial use. The
Commercial Land Use designation includes all commercial uses listed in
the CR zones. Landscaping improvements may be required as part of the
permitting process. The proposed use as a church is not specified for the
CR Zoning district but may be allowed in any zoning district with a
special permit.
(2) Will the proposed use adversely affect public infrastructure?
The public infrastructure surrounding this property was installed to
support the original retail nature of the property. The proposed
redevelopment of the interior space for a church will not have an
adverse effect on public infrastructure.
(3) Will the proposed use be constructed, maintained and operated to be in
harmony with the existing or intended character of the general vicinity?
Re- occupying the building and putting it to some beneficially use will
assist in arresting the declining appearance of the property. While
churches are allowable in any zoning district the intended character of
the area is regional -scale sales and services. By retaining the
commercial retail store fronts in the building the general character of
the general vicinity will be maintained.
(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?
Surrounding properties are fully developed with the exception of the
commercially zoned property to the east. As well, no new structures are
proposed. Applicant is proposing a remodel of interior space and redo
portions of the recent exterior modifications. The retail rental space
fronting the parking lot will remain.
(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?
9
The building will retain a commercial appearance with retail rental
space in the southern 1 /3rd of the building facing the parking lots and
Court Street. Church activities will occur for a few hours on Sunday
morning when surrounding commercial activity is minimal and one or
two nights a week during the evening hours. The proposed use will be
no more objectionable by reason of noise, fumes, vibrations, dust,
traffic, or flashing lights than uses permitted in the CR District. Auto
and RV sales and service for example could create more noise and
vibrations than the proposed church use.
(6) Will the proposed use endanger the public health or safety if located and
developed where proposed, or in any way will become a nuisance to uses
permitted in the district?
The proposed use will occur for only a few hours each week and will not
endanger the public health or safety any more than uses permitted in
the CR District.
TENTATIVE APPROVAL CONDITIONS
1. The special permit shall apply to Parcel No. 119 271020.
2. The space leased to the church must maintain compliance with all
requirements of the International Building Code for an "A" occupancy;
3. The following uses shall be prohibited:
a. Amusement game centers, recreation centers or similar uses;
b. The use of outdoor speakers and public announcement systems of
any kind;
4. The following design controls shall apply to these properties:
a. All outdoor lighting must be strictly shielded to prevent lighting
from encroaching on adjoining residential property;
b. All new development and site improvements shall comply with the
1 -182 Corridor Design Standards as identified in P.M.C. 25.58 as
existing and hereafter amended;
R
5. Prior to fagade repainting and modification plans must be submitted and
approved by the Community and Economic Development Director.
6. The building, including entrances and restrooms, must be
ADA /handicap compliant;
7. Occupancy of the building for church purposes is contingent upon
continued compliance with all conditions listed above;
8. 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;
9. A landscape plan must be submitted and approved by the Community
and Economic Development Director.
10. Landscaping islands meeting PMC 25. 75. 070 standards must be
installed at the ends of all rows of parking;
11. The existing landscaped islands near the Court Street entrance must be
re- landscaped /restored to standards contained in PMC 25. 75. 070;
12. All landscape islands, beds and buffers must contain automated
irrigation systems.
13. The eastern margin of the property must be cleaned of all debris and
weeds and landscaped to standards contained in PMC 25. 75;
14. The driveway entrances shall be reconstructed to meet current ADA
requirements.
15. The special permit shall be null and void if a building permit has not
been obtained by June 1, 2014.
MOTION: I move to adopt findings of fact and conclusions therefrom as
contained in the May 16, 2013 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 for
the location of a church operation at 3315 W Court Street, with conditions as
listed in the May 16, 2013 staff report.
7
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REGULAR MEETING April 25, 2013
PLANNING COMMISSION MEETING
CALL TO ORDER-
The meeting was called to order at 7:OOpm by Chairwoman Kempf.
POSITION MEMBERS PRESENT
No. 1
Tim Hoekstra
No. 2
Tony Bachart
No. 3
No. 4
No. 5
No. 6
Loren Polk
No. 7
Zahra Khan
No. 8
Jana Kempf
No. 9
Paul Hilliard
MEMBERS ABSENT
Andy Anderson
Alecia Greenaway
Joe Cruz
B. Special Permit Location of a church in a CR (Regional
Commerciall Zone (World Life Christian Center) (MF#
SP 2013 -005)
Chairwoman Kempf read the master file number and asked for comments from staff.
Rick White, Community & Economic Development Director, discussed the special permit
application for the location of a church in a CR (Regional Commercial) Zone. The church
proposes to use the easterly portion and northern two- thirds of the building with the
existing front third retained for retail space. There would be enough sanctuary space for roughly
900 church attendees.
The property underwent a zone change in which a concomitant agreement was signed to include
conditions that the Planning Commission should be aware of which are located in the staff
report. Those conditions prohibited amusement, game and recreation centers, outlined special
design standards for outdoor lighting and for the development to comply with the I -182 corridor
design standards.
Chairman Kempf asked if this was a standard special use permit for churches with the addition of
the concomitant agreement.
Mr. White responded that it is fairly similar to other special use permits for churches. David
Jarrett, 1951 Peachtree, Richland, WA spoke on behalf of the church. He
explained that World Life Christian Center has been at the Broadmoor Outlet Mall and
they are ready to move into their own space. They are currently working on architectural
designs but getting the special permit is the first step.
Commissioner Hilliard asked the applicant for clarification on access to the church.
Mr. Jarrett answered there is an entrance in the front of the building that goes to the center of
the building that separates the retail space from the church space.
Commissioner Hoekstra asked if there is a need for another exit point to assist with traffic
coming in and out of the parking lot.
Mr. Jarrett answered that there is a drive in the rear so there is a way to exit from the front and
back of the lot.
Jose Zamora, 4732 Sedona Court, Senior Pastor for the church, spoke in support of the
proposal. He stated the church has outgrown their current space.. They would like to improve
the area and be an asset to the community.
With no further comments the public hearing closed.
Commissioner Hilliard moved, seconded by Commissioner Khan, to close the public hearing and
schedule deliberations, the adoption of findings of fact, and development of a recommendation
for City Council for the May 16, 2013 Planning Commission meeting. The motion passed
unanimously.
REGULAR MEETING May 16, 2013
PLANNING COMMISSION MEETING
CALL TO ORDER:
The meeting was called to order at 7:00pm by Chairman Cruz.
POSITION MEMBERS PRESENT MEMBERS ABSENT
No. 1
No.
2
Tony Bachart
No.
3
Andy Anderson
No.
4
Alecia Greenaway
No.
5
Joe Cruz
No.
6
Loren Polk
No.
7
No.
8
Jana Kempf
No.
9
Paul Hilliard
B. Special Permit
Tim Hoekstra
Zahra Khan
Location of a church in a CR ( Regional
Commercial) Zone (World Life Christian
Center) (MF# SP 2013 -0051
Chairman Cruz read the master file number and asked for comments from staff.
Rick White, Community & Economic Development Director, discussed the special
permit application for the location of a church in a CR (Regional Commercial) Zone.
He stated that two conditions have been added since the previous meeting; the
prohibition of uses such as, amusement game centers, recreation centers and the use
of outdoor speakers and public announcement systems of any kind and design
controls that shall apply that outdoor lighting must be strictly shielded to prevent
lighting from encroaching on adjoining residential properties and all new development
and site improvements shall comply with the I -182 Corridor Design Standards as
identified in P.M.C. 25.58 as existing and hereafter amended. These conditions
currently apply to the property but were added as conditions to become uniform.
Commissioner Kempf moved, seconded by Commissioner Hilliard, to adopt the
findings of fact and conclusions therefrom as contained in the May 16, 2013 staff
report. The motion passed unanimously.
Commissioner Kempf moved, seconded by Commissioner Hilliard, based on the
findings of fact and conclusions therefrom the Planning Commission recommend the
City Council grant a special permit for the location of a church operation at 3315 W.
Court Street, with conditions as listed in the May 16, 2013 staff report. The motion
passed unanimously.
Mr. White explained that this item will go to Council at the June 3, 2013 meeting
unless an appeal is received.
AGENDA REPORT
FOR: City Council May 30, 2013
TO: Gary Crutchfi ty Manager Regular Mtg.: 6/3/13
Rick White,
Community & conomic Development Director
FROM: Shane O'Neill, Planner I
SUBJECT: SPECIAL PERMIT —Location of a Church in an R -1 (Low- Density Residential)
Zone (MF# SP 2013 -003)
I. REFERENCE(S):
1. Vicinity Map
2. Proposed Resolution
3. Report to Planning Commission
4. Planning Commission Minutes: Dated 3/21/13, 4/25/13 and 5/16/13
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
6/3: MOTION: I move to approve Resolution No. , approving a
Special Permit for the location of a church at 217 N. Douglas
Avenue as recommended by the Planning Commission.
III. FISCAL IMPACT:
NONE
IV. HISTORY AND FACTS BRIEF:
A. On March 21, 2013 and April 25, 2013 the Planning Commission held public
hearings to determine whether or not to recommend approval of a Special Permit
to allow the location of a church at 217 N. Douglas Avenue.
B. Following conduct of the 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(e)
RESOLUTION NO.
A RESOLUTION ACCEPTING THE PLANNING COMMISSION'S
RECOMMENDATION AND APPROVING A SPECIAL PERMIT FOR A CHURCH
AT 217 NORTH DOUGLAS AVENUE
WHEREAS, Samuel Nunez submitted an application for the location of a church
at 217 N. Douglas Avenue (Tax Parcel 113- 811 -028); and,
WHEREAS, the Planning Commission held public hearings on March 21, 2013
and April 25, 2013 to review the proposed church; and,
WHEREAS, following deliberations on May 16, 2013 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 Samuel Nunez for the location
of a church in an R -1 (Low- Density Residential) District under Master
File # SP2013 -003 with the following conditions:
a) The special permit shall apply to parcel 113- 811 -028;
b) A parking area containing a minimum of eighteen (18) parking
stalls which shall be hard surfaced and striped. All driveways must
be hard surfaced to meet city standards. The combination of the
fore mentioned paving conditions requires the entire parking area
south of the church be fully paved. All parking lot and driveway
improvements must be completed by June 30, 2014;
c) Driveways must be modified to meet current ADA standards.
d) The church shall comply with noise regulations pursuant to
Chapter 9.61 of the Pasco Municipal Code;
e) The Planning Commission will review the church's special permit
in one year from the date of the approved resolution to consider
any noise complaints generated by the church.
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; and
g) This special permit shall be null and void if a City of Pasco
Occupancy Registration is not obtained by August 1, 2013.
Passed by the City Council of the City of Pasco this 3rd day of June, 2013.
Matt Watkins, Mayor
ATTEST:
APPROVED AS TO FORM:
Debra L. Clark, City Clerk Leland B. Kerr, City Attorney
REPORT TO PLANNING
MASTER FILE NO: SP2013 -003 APPLICANT: Samuel Nunez
HEARING DATE: 4/25/13 217 N. Douglas Ave.
ACTION DATE: 5/16/13 Pasco, WA 99301
BACKGROUND
REQUEST FOR SPECIAL PERMIT: Location of a Church in an R -1 District
1. PROPERTY DESCRIPTION:
Legal: Parcel #'s: 113 - 811 -028: AM Wehe's First Addition together with
the south 30 feet of vacated George Street lying between the east /west
line of Lot 14;
General Location: 217 N. Douglas Avenue
Property Size: Approximately 0.9 acres
2. ACCESS: The site has access from South Douglas Avenue
3. UTILITIES: The site is served by municipal water and sewer.
4. LAND USE AND ZONING: The property is currently zoned R -1 (Low -
Density Residential).
NORTH:
R -1 -A
— Residential
SOUTH:
R -1
— Residential
EAST:
R -1 -A
— Residential
WEST:
R -1
— Residential
5. COMPREHENSIVE PLAN: The site is designated in the Comprehensive
Plan for future Mixed Residential 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.
SP2013 -003 — Nunez Church 1
ANALYSIS
The application is a request to operate Apostolic Assembly church in an
existing building previously (and currently) used for church activities.
Constructed in 1970, the 2,900 square foot structure in question has been on-
site for the past 43 years. Apostolic Assembly (church) has recently purchased
the property (217 N. Douglas Ave.) with the intent of continuing church
operations under new ownership.
The church in question has been part of the neighborhood's character since
1970 (43 years). The structure was originally constructed as a church. The
church structure sits on the south half of the 0.9 acre parcel, leaving the
northern portion vacant. The vacant portion of land contains lawn and a few
trees. This open space serves as a physical buffer between church activities
and residences to the north.
The surrounding neighborhood is predominantly residential with one church
located almost directly across Douglas Ave. from the Apostolic Assembly
church site. Overtime this area of our community has proven to value the
presence of churches and that they can operate in harmony within the
neighborhoods.
All off - street parking areas and driveways are currently surfaced with gravel
only. This condition does not meet current standards for required parking and
driveway approaches. Based on the eighteen (18) pews in the congregation
area, special permit approval will be conditioned upon paving the driveways
and approximately 18 parking stalls. Although the applicant has options in
locating the paved parking area it is most likely they will overlay the existing
parking area and driveway on the south side of the church.
After purchasing the property the owner installed sod between the church and
Douglas Avenue which is a substantial improvement from its' prior condition.
As such, additional landscaping is not needed.
INFINDINGS 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.
SP2013 -003 — Nunez Church 2
1. Churches are unclassified uses requiring review through the special
permit process prior to locating or expanding in any zoning district [PMC
25.86.020(3)].
2. The proposed site is located at 217 N. Douglas Avenue.
3. The proposed church site is zoned R -1 (Low Density Residential).
4. The existing structure was constructed in the year 1970.
5. Access to the parking is from Douglas Avenue.
6. The church is approximately 2,900 square feet in area.
7. Churches are classified as an "A" occupancy type under the International
Building Code (IBC 2009).
8. A gravel parking area is located on the south end of the site.
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 church is unlikely to place additional demands on public
infrastructure beyond increased passenger vehicle traffic. Church
activities place a negligible demand on city sewer and water facilities.
Churches are generally used most heavily on Sundays and during the
evening on weekdays.
(3) Will the proposed use be constructed, maintained and operated to be in
harmony with existing or intended character of the general vicinity?
The site has recently changed ownership. Residents and occupants of the
surrounding homes and businesses may be comfortably accustomed to
the church activities. There have been no complaints about the church
received by the City. Continuation of the church use is unlikely to affect
SP2013 -003 —Nunez Church 3
the character of the neighborhood in a negative way. The church has
coexisted in harmony with the neighborhood for many years. Churches
are typically located in or near residential areas and often add to the
character of the general vicinity in which they are located.
(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 location and height of the existing church has not discouraged the
development of permitted uses on surrounding properties. The presence
of churches in residential neighborhoods in other parts of the community
has not discouraged potential residential development or impaired the
value of residential properties. The surrounding neighborhood is
considered fully developed.
(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 residential uses of the
zoning district. Traffic generated by the church will occur mostly on
Sunday mornings when neighborhood traffic is minimal. Churches are
generally used infrequently, two or three days a week, and generate
traffic during off peak times such as on Sunday mornings and in
evenings during 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. Churches are generally accepted uses in or near residential
neighborhoods.
APPROVAL CONDITIONS
1) The special permit shall apply to parcel 113 - 811 -028;
2) A parking area containing a minimum of eighteen (18) parking stalls
which shall be hard surfaced and striped. All driveways must be hard
surfaced to meet city standards. The combination of the fore mentioned
SP2013 -003 — Nunez Church 4
paving conditions requires the entire parking area south of the church be
fully paved. All parking lot and driveway improvements must be
completed by June 30, 2014;
3) Driveways must be modified to meet current ADA standards.
4) The church shall comply with noise regulations pursuant to Chapter
9.61 of the Pasco Municipal Code;
5) The Planning Commission will review the church's special permit in one
year from the date of the approved resolution to consider any noise
complaints generated by the church.
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; and
7) This special permit shall be null and void if a City of Pasco Occupancy
Registration is not obtained by August 1, 2013.
MOTION for Findings of Fact: I move to adopt findings of fact
and conclusions therefrom as contained in the May 16, 2013
staff report.
MOTION for Recommendation: I move based on the findings
of fact and conclusions as adopted the Planning Commission
recommend the City Council grant a special permit to Samuel
Nunez for the location of a church at 217 N. Douglas Avenue
with conditions as listed in the May 16, 2013 staff report.
SP2013 -003 — Nunez Church 5
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Planning Commission Minutes
3/21/2013
A. Special Permit Location of a church in an R -1 District
(Samuel Nunez) IMF# 3P 2013 -0031
Chairman Cruz read the master file number and asked for comments from
staff.
Shane O'Neill, Planner I, discussed the special permit application for the
location of a church in an R -1 Zoning District. Churches require review
through the special permit process prior to locating within the community. The
code requires one parking stall for every 10 lineal feet of bench seating. The
church in question has 18 pews that are roughly 10 feet. There is sufficient
area on site for the required parking. The primary condition is to pave the
parking area and driveway approaches.
The applicant was not at the public hearing but Mr. O'Neill stated that he met
with the applicant onsite.
Chairman Cruz asked if the applicant is aware of the proposed approval
conditions.
Mr. O'Neill answered that a packet with the staff report had been mailed to the
applicant. He had discussed many of the conditions with the applicant.
Commissioner Anderson asked if the applicant was aware that he would have
to do some paving as one of the conditions.
Mr. O'Neill answered that the applicant does know about the paving. With the
costs being high the recommendation gives the church close to a year to make
those improvements.
Commissioner Hilliard asked if the goal is to get the whole parking lot paved.
Mr. O'Neill replied not necessarily. The requirement in the approval conditions
is for 18 parking stalls.
Chairman Cruz opened this item up for public hearing.
Mary Howard, 304 N. Elm Avenue, spoke on behalf of this item. Ms. Howard
voiced concern about the noise levels coming from the church from their
events. On several occasions she has heard music from their events at night
inside her home. Ms. Howard stated that she does not have a problem with
them operating as a church as long as the noise level decreases and she hopes
to see landscaping improvements.
Chairman Cruz asked staff for clarification on rules for special events the
church might hold.
Rick White, Community & Economic Development Director, responded that
churches and schools are still bound by the same regulations as everyone else,
including the level of noise and how much noise they can make at a particular
time. Should there be a noise complaint, at night especially; the best thing to
do is to contact the 911 dispatch to send an officer to the location.
Mr. Howard stated that she has contacted the Police Department in the past by
contacting dispatch directly.
Chairman Cruz stated that in these circumstances the Planning Commission
can ask staff to remind the applicant about what the noise ordinance rules are.
Noise levels can be factored in with their special permit renewal if they are
troublesome and noisy. Since this is new ownership taking over the church a
little more leeway may be given at first.
Ms. Howard stated that she is unaware when the applicant took over the
church but noise levels have increased as of last summer.
Mr. White responded that staff would pass the concern on during the course of
the permitting process and perhaps establish a condition that reiterates the
noise conditions to make sure it's on paper.
Chairman Cruz added that he would be good with adding a condition to
address the noise. He asked staff how long the special permit was valid.
Mr. White answered that a special permit once issued is specific to the
property, meaning it is indefinite.
Chairman Cruz asked the Planning Commission members if they would have
an issue forcing a renewal on this particular special permit.
The Planning Commissioners were all in agreement that a renewal should be a
condition of this special permit.
Ms. Howard asked a question about the alley by the church that frequently has
cars driving up and down along with garbage cans the neighbors keep. She
wanted to know if that is something the Planning Commission could look into.
Chairman Cruz answered that as the applicant works with the building
department to get their permit staff will look into street access appropriate to
the lot not to rely on the alley fbr access.
David McDonald, City Planner, replied that staff will further research the issue
of the alley.
With no further comments the public hearing closed.
Commissioner Anderson had concern about moving forward with the special
permit without the applicant being present at the public hearing. He would
like to hear the applicant acknowledge the conditions and would like the public
hearing to be continued.
Commissioner Greenaway agreed with Commissioner Anderson in that the
applicant needs to be present to comfortably move forward.
Chairman Cruz stated he did not have a problem with continuing the public
hearing.
Commissioner Anderson moved, seconded by Commissioner Greenaway, to
continue the public hearing until the April 25, 2013 Planning Commission
Meeting. The motion carried with a 4 to 1 vote with Chairman Cruz dissenting.
Planning Commission Minutes
4/25/2013
A. Special Permit Location of a church in an R -1 District
Samuel Nunez) (MF# 3P 2013 -0031
(Continued from March 21. 2013 Meeting)
Chairwoman Kempf read the master file number and asked for comments
from staff.
Rick White, Community & Economic Development Director, discussed this
special permit for the location of a church in an R -1 Zoning District. The
hearing was continued from the March 21 s` to allow the applicant to present at
the hearing and ensure the church understood the approval conditions. At the
previous meeting there was public testimony that suggested noise was an issue
so two conditions were added; one adding conformation of the noise ordinance
and the other condition providing for Planning Commission review of the
special permit at any given time to make certain complaints are addressed.
Elizabeth Ramiro, 220 W. Sylvester Street, the church's secretary, spoke on
behalf of the church.
Rosalea Lopez, 217 N. Douglas Avenue, the church's treasurer, also spoke on
behalf of the church.
Chairwoman Kempf asked if they understood all of the conditions in the staff
report. Ms. Ramiro answered that she understands all of the conditions.
Commissioner Khan asked if either of them had any comments or concerns
from Ms. Howard who spoke at the last public hearing regarding noise levels
from the church.
Ms. Ramiro responded that they were not aware of any noise issues until a
few weeks ago. She stated that their church was never advised of any
noise concerns. The church is only used Monday- Friday from 7:00 p.m. to
9:30 p.m., occasionally until
10:00 p.m. On Sunday's they operate from 10:00 a.m. to 6:00 p.m. which
includes school, service and afternoon service.
Commissioner Hilliard asked if they were aware of the condition requiring the
paving of the parking lot.
Ms. Ramiro answered that she understood the requirement and that
there is a timeline to complete the work. She asked if there would be an
extension.
Mr. White stated staff should know 2 -3 months in advance if it would be
necessary to return to the Planning Commission for an extension before the
permit would expire.
Commissioner Hoekstra asked if the church was anticipating anything that
would be a noise concern as addressed in the previous public hearing.
Ms. Ramiro and Ms. Lopez responded that they did not anticipate noise
problems from upcoming events.
Commissioner Polk asked if the concern voiced at the previous public
hearing regarding increased traffic had been addressed.
Mr. White answered that there was no evidence that the church caused any
additional traffic in the alley or was responsible for any additional traffic.
With no further comments the public hearing
closed.
Commissioner Khan moved, seconded by Commissioner Hilliard, to close the
public hearing and schedule deliberations, the adoption of findings of fact,
and development of a recommendation for City Council for the May 16,
2013 meeting. The motion passed unanimously.
-3-
Planning Commission Minutes
5/16/2013
A. Special Permit Location of a church in an R -1 District
(Samuel Nunez) (MF# SP 2013 -003)
Chairman Cruz read the master file number and asked for comments from
staff.
Rick White, Community & Economic Development Director, stated that there
were no further comments on this special permit application for the location
of a church in an R -1 District since the previous meeting.
Commissioner Anderson moved, seconded by Commissioner Greenaway, to
adopt the findings of fact and conclusions therefrom as contained in the May
16, 2013 staff report. The motion passed unanimously.
Commissioner Anderson moved, seconded by Commissioner Greenaway,
based on the findings of fact and conclusions as adopted the Planning
Commission recommend the City Council grant a special permit to Samuel
Nunez for the location of a church at 217 N. Douglas Avenue with conditions
as listed in the May 16, 2013 staff report. The motion passed unanimously.
Mr. White explained that this item will go to Council at the June 3, 2013
meeting unless an appeal has been received.
FOR: City
TO: Gary
FROM: Ahm
AGENDA REPORT NO. 26
May 28, 2013
[anager
Works Director Regular Mtg.: 6/3/13
SUBJECT: Award 2013 Sewer Re- Lining Project
I. REFERENCE(S):
1. Vicinity Map
2. Bid Summary
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
06/03: MOTION: I move to award the low bid for the 2013 Sewer Re- Lining
Project, to Michels Corporation in the amount of $529,970.17
including sales tax and further, authorize the Mayor to sign the
contract documents.
III. FISCAL IMPACT:
Utility Fund
IV. HISTORY AND FACTS BRIEF:
A) This project is to line approximately 2,700 feet of 24" sewer pipe along Road 44
(Court Street to Sylvester Street) and 700 feet of 18" sewer pipe along 5`" Ave.
This is a continuation of an annual program to line the older sewer system with
PVC using a trenchless process.
B) The project was bid with two schedules. Schedule A is for the Road 44 Sewer
Lining and Schedule B is for the 5fl' Ave Sewer Lining. This was done to allow
the City the ability to keep each area separate and track and code each
expenditure to the correct project number.
V. DISCUSSION:
A) On May 21, 2013 staff received three (3) bids for the 2013 Sewer Re- Linin�
Project, Project Nos. C7- SE- 2R -13 -03 (Road 44) and C7- SE- 2R -12 -20 (5
Avenue). The low bid was received from Michels Corporation in the amount of
$529,970.17 including sales tax. The second lowest bid received was in the
amount of $578,607.33 including sales tax. The Engineer's Estimate for the
project is $705,900.00 including sales tax. The bid from Michels Corporation is
substantially lower than the Engineer's Estimate. It is believed that this is due to
a good bidding climate for this type of work and the quantities of larger pipe
being lined.
B) Staff recommends award of the contract to Michels Corporation.
10(a)
City of Pasco
2013 Sewer Re- Lining Project
Project Nos.
C7- SE- 2R -13 -03
C7- SE- 2R -12 -20
May 21, 2013
BID SUMMARY
Engineer's Estimate
1. Michels Corporation
2. Insituform Technologies, Inc.
3. Columbia Pumping & Construction
To al
$705,900.00
$529,970.17
$578,607.33
$631,625.75
AGENDA REPORT NO. 21
FOR: City Council May 31, 2013
TO: Gary Crutchfi Llic Manager
Ahmad Qayo Works Director
FROM: Michael A. Pawlak, City Engineer Regular Mtg.: 6/03/13
SUBJECT: Bid Award: 4'" and Clark Waterline
I. REFERENCE(S):
1. Vicinity Map
2. Bid Summary
H. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
06/03: MOTION: I move to award the low bid for the 4a` and Clark Waterline
Project to Ray Poland & Sons, in the amount of $44,659.31,
including applicable sales tax, and further, authorize the Mayor
to sign the contract documents.
III. FISCAL IMPACT:
Water Utility Fund
IV. HISTORY AND FACTS BRIEF:
A) This project involves the construction of an 8 -inch water main consisting of
approximately 151 lineal feet of 8 -inch ductile iron water pipe , six 1" commercial
water services, and associated appurtenances. All disturbed asphalt and concrete
surfaces will be restored in accordance with City of Pasco Standard Drawings.
B) An invitation to bid the project was forwarded to applicable contractors listed on
the City's Small Works Roster. Bid documents were requested by and sent to six
(6) companies. A bid opening was held on May 29, 2013.
V. DISCUSSION:
A) On May 29, 2013, the City received two (2) bids for the project. The low bid was-
received from Ray Poland & Sons, in the amount of $44,659.31, including
applicable sales tax. The second lowest bid was received from C &E Trenching in
the amount of $54,244.20, including applicable sales tax.
B) The Engineer's Estimate is $54,175.11, including applicable sales tax.
C) Staff recommends award of the contract to Ray Poland & Sons.
D) Council should note that this work is being completed to replace an existing
multi - service meter located in the basement of the properties to be served by the
newly installed individual meters. The existing service is highly corroded and City
Staff have made repairs on it in the past. Additionally, the location of the meter in
the basement makes a physical reading of the meter problematic. Property owners
will be notified that the City will no longer be making any repairs on the existing
service, and shall be responsible to obtain necessary permits and hire a licensed
plumber to connect to the newly installed meters.
10(b)
VICINITY MAP 1
�11�" SCALE: NONE
City of Pasco
4t" and Clark Waterline
May 31, 2013
BID SUMMARY
Engineers Estimate $54,175.11
Ray Poland & Sons. $44,659.31
C &E Trenching $54,244.20