HomeMy WebLinkAbout2016.05.16 Council Meeting PacketPage
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Regular Meeting
1. CALL TO ORDER:
2. ROLL CALL:
AGENDA
PASCO CITY COUNCIL
7:00 p.m.
(a) Pledge of Allegiance
May 16, 2016
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 Council members or the public, the item may be
removed from the Consent Agenda to the Regular Agenda and considered
separately.
(a) Approval of Minutes
To approve the Minutes of the Pasco City Council Meeting dated May 2,
2016.
(b) Bills and Communications
To approve claims in the total amount of $3,796,180.62 ($1,877,017.15 in
Check Nos. 209610-209883; $624,032.89 in Electronic Transfer Nos.
810258-810261, 810307-810311, 810389-810390, 810393; $42,123.74 in
Check Nos. 49160-49204; $624,522.12 in Electronic Transfer Nos.
30093835-30094319; $628,484.72 in Electronic Transfer Nos. 242-249.
To approve bad debt write-off for Utility Billing, Ambulance, Cemetery,
General Accounts, Miscellaneous Accounts, and Municipal Court (non-
criminal, criminal, and parking) accounts receivable in the total amount of
$202,896.71 and, of that amount, authorize $136,009.30 be turned over for
collection.
(c) Parks & Recreation Advisory Board Appointments
To appoint David Milne to Position No. 4, reappoint Jason Ruud to Position
No. 5, and appoint Reade Obern to Position No. 7 on the Parks & Recreation
Advisory Board (term expiration date 2/2/19).
(d) Renewal of Agreement for Arraignment Counsel
To approve the Professional Services Agreement with Raymond Hui to
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IN
Regular Meeting
May 16, 2016
provide legal representation during arraignment of indigent persons charged
with misdemeanors or gross misdemeanors in the Pasco Municipal Court
and, further, authorize the City Manager to execute the agreement.
(e) 1 Historic Preservation Commission Appointment
To concur in the Mayor's reappointment of Devi Tate to Position No. 5 on
the Historic Preservation Commission (term to expire 8/1/19).
(f) I Final Plat: Chapel Hill, Phase 6 (MF# FP 2016-003)
To approve the Final Plat for Chapel Hill, Phase 6.
(g) 1 Street & Easement Vacation: Street Right -of -Way and Street
Easement between Rd 92 and Rd 96 (MF# VAC 2016-007)
To approve Resolution No. 3712, a resolution setting 7:00 P.M., Monday,
June 20, 2016, as the time and date to conduct a public hearing to consider
vacating certain easements and right-of-way between Road 92 and Road 96.
(RC) MOTION: I move to approve the Consent Agenda as read.
4. PROCLAMATIONS AND ACKNOWLEDGEMENTS:
(a) Presentation of Proclamation for "National Police Week" and "Peace
Officers' Memorial Day"
Mayor Matt Watkins to present Proclamation to Bob Metzger, Chief of
Police, Pasco Police Department
(b) Presentation of Proclamation for "Public Works Week"
Mayor Matt Watkins to present Proclamation to Public Works Employees,
Precilla Andaya, Administrative Assistant II and Leah Fisk, Associate
Engineer.
5. VISITORS - OTHER THAN AGENDA ITEMS: This item is provided to allow
citizens the opportunity to bring items to the attention of the City Council or to
express an opinion on an issue. Its purpose is not to provide a venue for debate or
for the posing of questions with the expectation of an immediate response. Some
questions require consideration by Council over time and after a deliberative
process with input from a number of different sources; some questions are best
directed to staff members who have access to specific information. Citizen
comments will normally be limited to three minutes each by the Mayor. Those with
lengthy messages are invited to summarize their comments and/or submit written
information for consideration by the Council outside of formal meetings.
6. REPORTS FROM COMMITTEES AND/OR OFFICERS:
Page 2 of 95
Regular Meeting May 16, 2016
(a) Verbal Reports from Councilmembers
39 (b) General Fund Operating Statement
7. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND
RESOLUTIONS RELATING THERETO:
8. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS:
40-51 (a) Code Amendment: Temporary Business Standards in the I-182 Overlay
Zone (MF# CA 2016-002)
MOTION: I move to adopt Ordinance No. 4288, an ordinance amending
PMC Title 25 dealing with temporary business standards in the I-182
corridor, and further, authorize publication by summary only.
52-62 (b) Chronic Nuisance Ordinance
MOTION: I move to adopt Ordinance No. 4289, an Ordinance creating a
new Chapter 9.63 "Chronic Nuisances," amending PMC 11.02.010
"Applicability of Chapter", and amending PMC 11.02.030 "Definitions"
providing for chronic nuisance enforcement and further, authorize
publication by summary only.
63-70 (c) Vacation of Street and Alley Rights of Way
MOTION: I move to adopt Ordinance No. 4290, creating new Chapter
12.40 entitled "Vacation of Streets, Alleys and Access Easements," and
further, authorize publication by summary only.
71-74 (d) Ordinance to Modify PMC 12.24 Creating Section 12.24.145
"Construction Zone Safety and Speed Limits"
MOTION: I move to adopt Ordinance No. 4291, creating a new section
12.24.145 "Construction Zone Safety and Speed Limits" and, further,
authorize publication by summary only.
75-87 (e) 1 Ordinance to Amend PMC 14.10 "Prequalification" & 14.11 "Small
Works Roster"
MOTION: I move to adopt Ordinance No. 4292, repealing PMC 14.10.020
"Prequalification"; PMC 14.10.025 "Limited Prequalification Requirement";
PMC 14.10.030 "Application Required"; PMC 14.10.050 "Revocation of
Prequalification Status"; and PMC 14.10.060 "Appeal' and, further,
authorize publication by summary only.
Page 3 of 95
Regular Meeting
May 16, 2016
MOTION: I move to adopt Ordinance No. 4293, amending PMC Chapter
14.11 "Small Works Roster" to Comply with Recent Changes in the Law and
to Participate in the MRSC Rosters for Small Public Works Contracts,
Consulting Services, and Vendor Services and, further, authorize publication
by summary only.
9. UNFINISHED BUSINESS:
10. NEW BUSINESS:
88-91 (a) 1 Bid Award: Kahlotus Lift Station Force Main Pipe
(RC) MOTION: I move to award the Kahlotus Lift Station Force Main Pipe
project to C & E Trenching, LLC in the amount of $230,273.30 and, further,
authorize the City Manager to execute the contract documents.
92-95 (b) I Bid Award: Park Street Revitalization
(RC) MOTION: I move to award Phase I of the Park Street Revitalization
project to Big D's Construction of Tri -Cities, Inc. in the amount of
$58,789.52 and, further, authorize the City Manager to execute the contract
documents.
11. MISCELLANEOUS DISCUSSION:
12. EXECUTIVE SESSION:
13. ADJOURNMENT.
(RC) Roll Call Vote Required
* Item not previously discussed
Q Quasi -Judicial Matter
MF# "Master File #...."
REMINDERS:
6:00 p.m., Monday, May 16, City Hall Conference Room #1 — LEOFF Disability
Board Meeting. (MAYOR MATT WATKINS and COUNCILMEMBER REBECCA
FRANCIK)
4:00 p.m., Thursday, May 19, Tri -Cities Regional Business & Visitor Center —
Manhattan Project National Historical Park Advocacy Committee Meeting. (MAYOR
MATT WATKINS)
Page 4 of 95
Regular Meeting
May 16, 2016
11:30 a.m., Friday, May 20 - Benton -Franklin Council of Governments Board
Meeting. (COUNCILMEMBER AL YENNEY, Rep.; REBECCA FRANCIK, Alt.)
This meeting is broadcast live on PSC -TV Channel 191 on Charter Cable and streamed
at www.pasco-wa.gov/psctvlive.
Audio equipment available for the hearing impaired; contact the Clerk for assistance.
Page 5 of 95
AGENDA REPORT
FOR: City Council
TO: Dave Zabell, City Manager
FROM: Rick Terway, Director
Administrative & Community Services
SUBJECT: Approval of Minutes
I. REFERENCE(S):
Minutes 05.02.16
May 5, 2016
Regular Meeting: 5/16/16
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve the Minutes of the Pasco City Council Meeting dated May 2, 2016.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
Page 6 of 95
MINUTES
REGULAR MEETING PASCO CITY COUNCIL MAY 2, 2016
CALL TO ORDER:
The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor.
ROLL CALL:
Councilmembers present: Rebecca Francik, Mike Garrison, Robert Hofftnann,
Tom Larsen, Saul Martinez, Matt Watkins and Al Yenney.
Staff present: Dave Zabell, City Manager; Leland Kerr, City Attorney; Richard
Terway, Administrative & Community Services Director; Rick White,
Community & Economic Development Director; Ahmad Qayoumi, Public
Works Director; Bob Metzger, Police Chief and Dave Hare, Assistant Fire
Chief.
The meeting was opened with the Pledge of Allegiance.
CONSENT AGENDA:
Approval of Minutes
To approve the Minutes of the Pasco City Council Meeting dated April 18,
2016.
Bills and Communications
To approve claims in the total amount of $3,051,065.78 ($1,264,429.70 in
Check Nos. 209407-209609; $1,154,690.23 in Electronic Transfer Nos.
809767-809836, 809849, 809852-810000, 810004-810180, 810247-810257;
$46,170.32 in Check Nos. 49118-49159; $585,775.53 in Electronic Transfer
Nos. 30093353-30093834.
Oregon Ave Improvements Ph. 1 WSDOT Agreement GCB 2341 for
Professional Services
To approve Agreement GCB 2341 with Washington State Department of
Transportation and, further, authorize the City Manager to execute the
agreement.
Planning Commission Appointments
To reappoint Tanya Bowers to Position No. 1, and appoint Kurt Lukins to
Position No. 2 (term expiration date 2/2/22); and to appoint Pamela Bykonen to
fill Position No. 8 (term expiration date 2/2/20) to the Planning Commission.
Benton -Franklin Community Action Connections Board Appointment
To concur in the Mayor's reappointment of Alecia Greenaway to the Benton -
Franklin Community Action Connections Board (term to expire January 2018).
Civil Service Commission Appointment
To confirm the City Manager's reappointment of Angel Esquivel to Position
No. 2 on the Civil Service Commission (term to expire 2/17/22).
Page 1 of 4 Page 7 of 95
MINUTES
REGULAR MEETING PASCO CITY COUNCIL MAY 2, 2016
MOTION: Ms. Francik moved to approve the Consent Agenda as read. Mr.
Garrison seconded. Motion carried by unanimous Roll Call vote.
PROCLAMATIONS AND ACKNOWLEDGEMENTS:
Presentation of Proclamation for "Public Service Recognition Week"
Mayor Matt Watkins presented a Proclamation to Edward Holbrook, Tri -City
Public Service Recognition Week Planning Committee Member, proclaiming
May 1-7, 2016 "Public Service Recognition Week."
Columbia Basin College Presentation
Rich Cummins, President, Columbia Basin College, outlined future plans for
their programs and campus. He noted the importance of the college to the
community and requested support from the City to reach their goals.
REPORTS FROM COMMITTEES AND/OR OFFICERS:
Mr. Yenney reported on the Taco Crawl event.
Mr. Garrison reported on the Visit Tri -Cities Board meeting, the TRIDEC
Board meeting and the Hanford Communities Governing Board meeting.
Mayor Watkins also reported on the Taco Crawl event and the Tri -Cities
Manhattan National Park Committee meeting.
HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS
RELATING THERETO:
Rezone: GESA, C-1 (Retail Business) to C-3 (General Business) (MF# Z
2015-007)
Mr. Kerr summarized Council's role in Quasi -Judicial matters.
Mr. Yenney disclosed he had communication with the applicant in the last year,
but does not believe the content of that communication disqualifies him from
participating. There were no objects to his participation.
Mr. White updated Council on this issue.
Mayor Watkins opened the Closed Record Hearing to discuss the record.
Council and staff discussed the record.
MOTION: Mr. Yenney moved to continue the Closed Record hearing to May
16, 2016 to allow time for property owner acceptance of a concomitant
agreement limiting objectionable land uses on the GESA property and for
preparation of findings to support a rezone to C-3. Mr. Hoffmann seconded.
Motion carried by the following Roll Call vote: Yes - Yenney, Garrison,
Larsen, Hoffinann, Martinez. No - Watkins, Francik.
Annexation: Mullen Annexation (MF# ANX 2016-003)
Mr. White explained the details of the proposed annexation.
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MINUTES
REGULAR MEETING PASCO CITY COUNCIL MAY 2, 2016
Mayor Watkins declared the Public Hearing open to consider the proposed
annexation.
Following three calls for comments, and there being none, Mayor Watkins
declared the Public Hearing closed.
MOTION: Ms. Francik moved to adopt Ordinance No. 4283, an Ordinance
relating to annexation and annexing certain real property to the City of Pasco
and, further, authorize publication by summary only. Mr. Garrison seconded.
Motion carried unanimously.
MOTION: Ms. Francik moved to adopt Ordinance No. 4284, an Ordinance of
the City of Pasco, Washington, assigning zoning to the Mullen Annexation
Area as recommended by the Planning Commission and, further, authorize
publication by summary only. Mr. Yenney seconded. Motion carried
unanimously.
Street Vacation: A Portion of East Salt Lake Street (MF# VAC 2016-006)
Council and staff discussed the details of the proposed vacation.
Mayor Watkins declared the Public Hearing open to consider the proposed
vacation.
Following three calls for comments, and there being none, Mayor Watkins
declared the Public Hearing closed.
MOTION: Ms. Francik moved to adopt Ordinance No. 4285, an Ordinance
vacating a portion of East Salt Lake Street and, further, authorize publication by
summary only. Mr. Garrison seconded. Motion carried unanimously.
ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS:
Powerline Road Municipal Boundary Adjustment
MOTION: Ms. Francik moved to approve the Interlocal Agreement with
Franklin County for revision of the Pasco corporate boundary along Powerline
Road. Mr. Martinez seconded. Motion carried unanimously.
MOTION: Ms. Francik moved to adopt Ordinance 4286, an Ordinance
revising the corporate boundary of the City of Pasco to include that portion of
Powerline Road between Broadmoor Boulevard and Road 68 and, further,
authorize publication by summary only. Mr. Martinez seconded. Motion carried
unanimously.
Rezone: RT (Residential Transition) to R-1 (Low Density Residential)
(MF# Z 2016-002)
Council and staff discussed the details of the proposed rezone.
MOTION: Ms. Francik moved to adopt Ordinance No. 4287, an ordinance of
the City of Pasco, Washington, rezoning Lot 20, Coles Estates from RT
(Residential Transition) to R-1 (Low Density Residential) and, further,
authorize publication by summary only. Mr. Garrison seconded. Motion carried
unanimously.
Special Permit: Cantu Daycare Center (MF# SP 2016-005)
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MINUTES
REGULAR MEETING PASCO CITY COUNCIL
Mr. White explained the details of the proposed special permit.
MAY 2, 2016
MOTION: Ms. Francik moved to approve Resolution No. 3710, approving a
special permit for the location of a daycare center at 220 N. Oregon Avenue, as
recommended by the Planning Commission. Mr. Martinez seconded. Motion
carried unanimously.
Council Goals 2016-2017
Mr. Zabell informed Council the goals have been updated to include
coordinating with the Pasco Public Facilities District on the feasibility of
constructing an aquatic/community recreation facility.
MOTION: Ms. Francik moved to approve Resolution No. 3711, establishing
primary goals of the City of Pasco for the ensuing calendar years 2016-2017.
Mr. Garrison seconded. Motion carried 6-1. No - Larsen.
MISCELLANEOUS DISCUSSION:
Mr. Hoffmann gave an update on the regional fundraising efforts for the Fire
Department Rescue Boat.
EXECUTIVE SESSION:
Council adjourned to Executive Session at 8:27 p.m. for approximately 30
minutes to consider acquisition of real estate and discuss litigation or potential
litigation with the City Manager and the City Attorney.
Mayor Watkins called the meeting back to order at 8:58 p.m.
I\ 301111►`iU I DIO IA
There being no further business, the meeting was adjourned at 8:58 p.m.
APPROVED:
Matt Watkins, Mayor
ATTEST:
Debra Clark, City Clerk
PASSED and APPROVED this 16th day of May, 2016
Page 4 of 4 Page 10 of 95
AGENDA REPORT
FOR: City Council
TO: Dave Zabell, City Manager
FROM: Ron Musson, Interim Finance Manager
Administrative & Community Services
SUBJECT: Bills and Communications
I. REFERENCE(S):
Accounts Payable 05.16.16
Bad Debt Write-off/Collection 04.30.16
May 12, 2016
Regular Meeting: 5/16/16
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve claims in the total amount of $3,796,180.62 ($1,877,017.15 in Check Nos.
209610-209883; $624,032.89 in Electronic Transfer Nos. 810258-810261, 810307-
810311, 810389-810390, 810393; $42,123.74 in Check Nos. 49160-49204;
$624,522.12 in Electronic Transfer Nos. 30093835-30094319; $628,484.72 in
Electronic Transfer Nos. 242-249.
To approve bad debt write-off for Utility Billing, Ambulance, Cemetery, General
Accounts, Miscellaneous Accounts, and Municipal Court (non -criminal, criminal, and
parking) accounts receivable in the total amount of $202,896.71 and, of that amount,
authorize $136,009.30 be turned over for collection.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
Page 11 of 95
CITY OF PASCO
Council Meeting of: May 16, 2016
Accounts Payable Approved
The City Council
City of Pasco, Franklin County, Washington
We, the undersigned, do hereby certify under penalty of perjury the materials have been furnished, the services rendered or the labor performed as described
herein and the claim is a just, due and unpaid obligation against the city and we are authorized to authenticate and certify to such claim.
Dave Zabell, City Manager Rick Terway, A&CS Director
We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this
16th day of May. 2016 that the merchandise or services hereinafter specified have been received and are approved for payment:
Claims Bank Payroll Bank Gen'I Bank Electronic Bank Combined
Check Numbers 209610-209883 49160-49204
Total Check Amount $1,877,017.15 $42,123.74 Total Checks $ 1,919,140.89
Electronic Transfer Numbers 810258-810261 30093835-30094319 242-249 N/A
810307-810311
810389-810390
810393
Total EFT Amount $624,032.89 $624,522.12 $628,484.72 $0.00
Total EFTs $ 1,877,039.73
Grand Total $ 3,796,180.62
Councilmember
Councilmember
SUMMARY OF CLAIMS BY FUND:
GENERAL FUND
588,618.06
STREET
20,663.79
ARTERIAL STREET
0.00
STREET OVERLAY
0.00
C.D. BLOCK GRANT
308.28
HOME CONSORTIUM GRANT
10,000.00
NSP GRANT
17.64
MARTIN LUTHER KING COMMUNITY CENTER
121.65
AMBULANCE SERVICE
24,175.03
CEMETERY
5,211.60
ATHLETIC PROGRAMS
2,331.54
GOLF COURSE
62,597.59
SENIOR CENTER OPERATING
1,459.19
MULTI -MODAL FACILITY
231.30
SCHOOL IMPACT FEES
162,957.00
RIVERSHORE TRAIL & MARINA MAIN
0.00
SPECIAL ASSESSMENT LODGING
19,855.16
LITTER ABATEMENT
832.36
REVOLVING ABATEMENT
9,243.81
TRAC DEVELOPMENT & OPERATING
0.00
PARKS
0.00
ECONOMIC DEVELOPMENT
23,622.50
STADIUM/CONVENTION CENTER
10,408.09
LID
0.00
GENERAL CAP PROJECT CONSTRUCTION
34,404.50
UTILITY, WATER/SEWER
1,474,797.10
EQUIPMENT RENTAL - OPERATING GOVERNMENTAL
42,726.94
EQUIPMENT RENTAL - OPERATING BUSINESS
38,333.77
EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL
18,091.55
EQUIPMENT RENTAL - REPLACEMENT BUSINESS
0.00
MEDICAL/DENTAL INSURANCE
180,063.00
FLEX
1,634.20
PAYROLL CLEARING
1,063,474.97
GRAND TOTAL ALL FUNDS:
$ 3,796,180.62
Page 12 of 95
BAD DEBT WRITE-OFF/COLLECTION
April 1-30, 2016
1. UTILITY BILLING - These are all inactive accounts, 60 days or older. Direct write-off are
under $10 with no current forwarding address, or are accounts in "occupant" status. Accounts
submitted for collection exceed $10.00.
2. AMBULANCE - These are all delinquent accounts over 90 days past due or statements are
returned with no forwarding address. Those submitted for collection exceed $10.00. Direct
write off including DSHS and Medicare customers; the law requires that the City accept
assignment in these cases.
3. COURT ACCOUNTS RECEIVABLE - These are all delinquent non -criminal and criminal
fines, and parking violations over 30 days past due.
4. CODE ENFORCEMENT — LIENS - These are Code Enforcement violation penalties which
are either un -collectable or have been assigned for collections because the property owner
has not complied or paid the fine. There are still liens in place on these amounts which will
continue to be in effect until the property is brought into compliance and the debt associated
with these liens are paid.
5. CEMETERY - These are delinquent accounts over 120 days past due or statements are
returned with no forwarding address. Those submitted for collection exceed $10.00.
6. GENERAL - These are delinquent accounts over 120 days past due or statements are
returned with no forwarding address. Those submitted for collection exceed $10.00.
7. MISCELLANEOUS - These are delinquent accounts over 120 days past due or statements
are returned with no forwarding address. Those submitted for collection exceed $10.00.
Page 13 of 95
Direct
Referred to
Total
Write-off
Collection
Write-off
Utility Billing
$
714.01
383.51
1,097.52
Ambulance
$
66,173.40
12,416.79
78,590.19
Court A/R
$
.00
123,209.00
123,209.00
Code Enforcement
$
.00
.00
.00
Cemetery
$
.00
0.00
.00
General
$
.00
.00
.00
Miscellaneous
$
.00
.00
.00
TOTAL:
$
66,887.41
136,009.30
202,896.71
Page 13 of 95
Page 14 of 95
AGENDA REPORT
FOR: City Council
TO: Dave Zabell, City Manager
FROM: Stan Strebel, Deputy City Manager
SUBJECT: Parks & Recreation Advisory Board Appointments
I. REFERENCE(S):
May 10, 2016
Regular Meeting: 5/16/16
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to appoint David Milne to Position No. 4, reappoint Jason Ruud to
Position No. 5, and appoint Reade Obern to Position No. 7 on the Parks & Recreation
Advisory Board (term expiration date 2/2/19).
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
The Parks and Recreation Advisory Board is composed of nine members; terms are
three years. The Board meets on the 1 st Thursday of every month at 5:30pm.
The Parks and Recreation Advisory Board advises the City Council on recreation
activities and facilities needed in the community.
V. DISCUSSION:
Following conduct of interviews at the May 9 Workshop meeting, the Mayor has
suggested the appointments be made as outlined in the motion above.
Page 15 of 95
AGENDA REPORT
FOR: City Council
TO: Dave Zabell, City Manager
FROM: Stan Strebel, Deputy City Manager
SUBJECT: Renewal of Agreement for Arraignment Counsel
I. REFERENCE(S):
Proposed Agreement
May 10, 2016
Regular Meeting: 5/16/16
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve the Professional Services Agreement with Raymond Hui
to provide legal representation during arraignment of indigent persons charged with
misdemeanors or gross misdemeanors in the Pasco Municipal Court and, further,
authorize the City Manager to execute the agreement.
III. FISCAL IMPACT:
$7,000/month (increase from $6,500, 7.7% increase for 2016-2017 term)
IV. HISTORY AND FACTS BRIEF:
In order to assure adequate representation for indigent defendants at arraignment, in
2010 the City Council approved the retention of a contract attorney to provide counsel
at arraignment to those charged with crimes in Municipal Court. An agreement was
reached with Raymond Hui, who has been under contract for arraignment counsel since
2010.
While the original agreement has been somewhat modified and extended for one- or
two-year additional terms, staff proposes adoption of a new agreement with minor
changes to keep the document current. Mr. Hui has agreed to sign a new three-year
agreement for a $500/month increase, which represents (7.7% overall) an annual
increase of 2.5%.
The agreement reflects a new schedule for the arraignment dockets. A new
requirement in the agreement provides that in the event of significant demand, the
Page 16 of 95
contractor is obligated to provide multiple attorneys as required.
V. DISCUSSION:
The arraignment counsel service has proven to be valuable to the City and defendants
charged with crimes; Mr. Hui has been a capable and reliable contractor, therefore staff
recommends approval of the agreement.
This item was discussed at the May 9 Council workshop meeting.
Page 17 of 95
PROFESSIONAL SERVICE AGREEMENT
For Legal Representation of Defendants at Arraignment
Before the Pasco Municipal Court
THIS PROFESSIONAL SERVICE AGREEMENT is entered into effective June 1,
2016, by and between, the City of Pasco, a Municipal Corporation, hereafter referred to as
"City," and Raymond Hui, attorney authorized to practice law in the State of Washington,
hereinafter referred to as "Attorney."
THIS AGREEMENT is a Professional Service Agreement for the rendering of legal
representation during arraignment of indigent persons charged with misdemeanors or gross
misdemeanors, in the Pasco Municipal Court.
IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN,
it is agreed as follows:
SECTION I
PROFESSIONAL SERVICES
The Attorney shall represent in a professional manner, all individuals charged with
misdemeanors or gross misdemeanors in the Pasco Municipal Court during arraignment. Such
representation shall include:
A. Advise clients of rights and the nature of the attorney-client relationship and
privilege; determine whether client has any immediate concerns (i.e., mental health or other
medical treatment needs); determine whether there is any known immigration hold; discuss
family issues that affect release; confirm age and place of birth of client; discuss the client's
immigration status if the client is not a United States citizen; determine whether there is an
immediate need for investigation; and explain to the client the next steps in the process.
B. Review the statement on probable cause and determine whether or not a challenge
is appropriate. In making such determination, perform any legal research which may be
necessary.
C. Make motions to dismiss charges or release defendant from custody without
conditions in cases where the complaint is insufficient.
D. Review with client the ability to post bail and the client's employment status and
living conditions.
E. Speak with any family members or friends of client who are present at Court; and
if appropriate, arrange for them to speak to the Court at the hearing.
F. Review police reports and prosecutor's recommendations.
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G. Discuss custody status recommendation with the prosecutor.
H. Advocate for pre-trial release on recognizance, or as appropriate, advocate for
least restrictive alternative allowed under the Court rules.
I. Preserve issues relating to the client's right to a speedy trial.
J. In performing said services, Attorney shall comply with all State laws,
Washington Bar Association Ethical Rules and any standards for arraignment counsel published
by the Washington State Office of Public Defense.
K. The Attorney shall be responsible for scheduling sufficient attorney coverage and
assuring prompt attendance for all required dockets and hearings as outlined on the attached
Exhibit "A," Pasco Municipal Court Arraignment Counsel Schedule." Such schedule may vary
depending on the caseload and may be changed from time to time to meet the needs of the Court,
upon mutual agreement of the parties.
SECTION II
COMPENSATION
A. The City will compensate Attorney, as attorney fees and not as a salary, for the
professional services provided in the amount of $7,000.00 per month.
Payments shall be made monthly with the first monthly payment to be made not later
than the 10th day of July, 2016, constituting compensation for the immediately preceding month;
subsequent payments being made not later than the 30th day of each succeeding month and the
final payments being made no later than the 10th day of month following the expiration of this
agreement.
B. It is expressly agreed that the monthly compensation fixed in Section A, above,
shall constitute full compensation for services required under this Agreement.
SECTION III
EXPENSES
The Attorney shall bear all expenses incurred in the representation of each individual at
arraignment except expenses for the services of an interpreter determined appropriate by the
Court.
SECTION IV
TERM
The term of this Agreement shall be for the period commencing on June 1, 2016, and
concluding on May 31, 2019. Notwithstanding the foregoing, the Attorney's obligation to
represent an individual in a matter to which the Attorney has undertaken representation shall
continue through the disposition of the matter as set forth below.
Professional Service Agreement – Arraignment Services—Raymond Hui
Page 2
Page 19 of 95
It is understood by the parties hereto that the Attorney's obligation is to provide
representation at the arraignment only pursuant to this Agreement.
SECTION V
NON -ASSIGNMENT
No other person shall perform any of the services required of the Attorney by this
Agreement nor shall the Attorney assign or subcontract their responsibility for the performance
of any of the services required by this Agreement, without the approval of the City.
SECTION VI
TERMINATION
This Agreement may be terminated by either party without cause upon forty-five (45)
days advance written notice to the other. This Agreement may be terminated for cause
consisting of failing to comply with any of the provisions of this Agreement upon ten (10) days
advance written notice.
In the event of Attorney's disbarment or suspension from the practice of law, this
Agreement shall terminate as of the effective date of such disbarment or suspension. In the event
of a termination without cause, the Attorney shall continue to represent defendants at
arraignment during the forty (45) day period and will be compensated for such representation
pursuant to Section II above.
SECTION VII
INSURANCE AND INDEMNIFICATION
A. During the term of this Agreement, the Attorney shall maintain errors and
omissions insurance coverage with the City of Pasco as an additional named insured on the
policy and shall include anyone else acting for or on behalf of the Attorney in the performance of
this Agreement as an additional named insured on any such policy. Such insurance shall be
obtained from any insurance company authorized to do business as such in the State of
Washington, and shall have at a minimum, policy limits of Two Hundred Fifty Thousand Dollars
($250,000.00). At the time of commencement of the performance of services hereunder, the
Attorney shall submit an appropriate certificate of coverage. Such insurance will not be
cancelled without first giving thirty (30) days written notice to the City.
B. In performance of the work under this Agreement, the Attorney agrees to defend
the City, its officers, agents, servants and employees (hereinafter individually and collectively
referred to as "Indemnities"), from all suits, claims, demands, actions or proceedings, and to the
extent permissible by law, indemnify and hold harmless the Indemnities from:
1. All damages or liability of any character including in part costs, expenses
and attorney fees, based upon, any negligent act, error, or omission of the Attorney or any
person or organization for whom the Attorney may be responsible, and arising out of the
performance of professional services under this Agreement; and
Professional Service Agreement – Arraignment Services—Raymond Hui
Page 3
Page 20 of 95
2. All liability, loss, damage, claims, demands, costs and expenses of
whatsoever nature, including in part, Court costs and attorney fees, based upon, or
alleged to be based upon, any act, omission, or occurrence of the Attorney or any person
or organization for whom the Attorney may be responsible, arising out of, in connection
with, resulting from or caused by the performance or failure of performance of any work
or services under this Agreement or from conditions created by the Attorney performance
or nonperformance of said work or service.
SECTION VIII
GENERAL PROVISIONS
For the purpose of this Agreement, time is of the essence. Waiver by the City of any
provision of this Agreement or any time limitation provided in this Agreement shall not
constitute a waiver of any other provision.
Should any dispute arising concerning the enforcement, breach or interpretation of this
Agreement, venue shall be placed in Franklin County, Washington, the laws of the State of
Washington shall apply, and the prevailing party shall be entitled to its reasonable attorney fees
and costs.
DATED this day of , 2016.
CITY OF PASCO
Dave Zabell, City Manager
APPROVED AS TO FORM:
Leland B. Kerr, City Attorney
ATTEST:
Debra L. Clark, City Clerk
ATTORNEY
Raymond Hui, Attorney
Professional Service Agreement — Arraignment Services—Raymond Hui
Page 4
Page 21 of 95
EXHIBIT A
Arraignment Counsel Schedule
MONDAY
TUESDAY
WEDNESDAY
THURSDAY
FRIDAY
10:00 am
1:00 pm
9:15 am
9:15 am
9:15 am
to
to
to
to
to
1:00 pm
5:00 pm
11:00 am
11:00 am
11:00 am
The schedule reflects typical docket times and will vary based on docket size and type of cases.
Attorney(s) shall represent all arraignment defendants until the completion of the docket.
Schedule may be changed upon the agreement of the parties
Professional Service Agreement — Arraignment Services—Raymond Hui
Exhibit A, Page 1
Page 22 of 95
AGENDA REPORT
FOR: City Council
TO: Dave Zabell, City Manager
FROM: Stan Strebel, Deputy City Manager
SUBJECT: Historic Preservation Commission Appointment
I. REFERENCE(S):
Resolution No. 3388
May 10, 2016
Regular Meeting: 5/16/16
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to concur in the Mayor's reappointment of Devi Tate to Position
No. 5 on the Historic Preservation Commission (term to expire 8/1/19).
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
The Historic Preservation Commission is composed of five members; terms are for
three years. The board meets the second Wednesday of each month.
The Historic Preservation Commission: identifies and actively encourages the
conservation of Pasco's historic resources by reviewing National Register properties
applying for Special Tax Valuation; raises community awareness of Pasco's history
and historic resources; and serves as the City of Pasco's primary resource in matters of
history, historic planning and preservation.
There is one position whose term has expired:
1. Position No. 5 (currently Devi Tate)
As outlined in Resolution No. 3388, the incumbent in Position No. 5 is eligible for
reappointment without interview.
V. DISCUSSION:
Page 23 of 95
Mayor Watkins requests Council's concurrence in his reappointment of Devi Tate to
the Historic Preservation Commission.
Page 24 of 95
RESOLUTION NO.
A RESOLUTION Providing a Process for Appointments to City Boards and
Commissions.
WHEREAS, the City of Pasco maintains several citizen advisory boards to assist the delivery of
municipal services as well as to advise the City Council in making various policy decisions; and
WHEREAS, the appointment process prescribed by the Pasco Municipal Code requires the Mayor
to appoint citizens to vacancies on such boards, subject to confirmation of the City Council; and
WHEREAS, the Mayor and City Council desire to establish an appointment process which is more
collaborative yet efficient for both the applicants and City Council alike; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DOES RESOLVES AS
FOLLOWS:
Section 1: Applications for city boards and commissions shall be solicited annually by the City
Manager on behalf of the City Council.
Section 2: All applications received by the City Manager shall be reviewed by a City Council
committee appointed by the Mayor; such committee, to be known as the "Appointment Screening
Committee," shall be ad-hoc, appointed annually, and consist of three members, including the Mayor. The
Appointment Screening Committee shall select those applicants it deems best suited for the respective
board/commission but not more than three applicants for each vacancy to be filled. The Appointment
Screening Committee shall consider the following factors in making their selections for further
consideration:
a) Geographic representation;
b) Gender representation;
c) Ethnic representation;
d) Familial and financial relationships of board members
Section 3: Those applicants selected by the Appointment Screening Committee shall be
interviewed by the City Council during a public meeting; provided, however, the Screening Committee may
recommend reappointment of an incumbent applicant without interview by the City Council if the incumbent
has served not more than two consecutive
terms since the last interview. At a City Council meeting following such interview, an interviewed candidate
shall be selected by the Mayor for appointment to each vacancy. Any candidate selected by the Mayor shall
be subject to confirmation vote of the City Council; a majority vote of the quorum present at such meeting
shall be required to confirm the Mayor's appointments.
Section 4: Any prior resolutions of the City Council in conflict with the provisions of this
resolution shall be superseded by this resolution.
PAS D by the City Council qty of Pasco at its regular meeting this 16`h day of April, 2012.
Matt Watkins, Mayor
u.�
Debra Clark, City Clerk
APP V AS TO FORM:
Leland B. Kerr, City Attorney
n___ nr_ _r nr_
AGENDA REPORT
FOR: City Council
TO: Dave Zabell, City Manager
Rick White, Director
Community & Economic Development
FROM: Dave McDonald, City Planner
Community & Economic Development
SUBJECT: Final Plat: Chapel Hill, Phase 6 (MF# FP 2016-003)
I. REFERENCE(S):
Overview Map
Vicinity Map
Final Plat
May 9, 2016
Regular Meeting: 5/16/16
IL ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve the Final Plat for Chapel, Phase 6.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
The Chapel Hill subdivision was originally approved by the Council for development
in 2003. The plat was modified and approved again in 2009. The developer is now
seeking final plat approval for Phase 6.
The Chapel Hill subdivision is a single-family residential development located south of
I-182 and east of Road 68. The development contains over 300 single-family lots.
Phase 6 completes the single-family portion of the development with the addition of 23
lots.
V. DISCUSSION:
Prior to the approval of a final plat, the developer is to either install all infrastructure or
post a bond or other instrument that secures the financing for the infrastructure
Page 26 of 95
improvements. In this case, the developer has provided the City with a bond in an
amount sufficient ($60,000.00) to cover the costs of the outstanding improvements.
The final plat shows and contains information on primary control points, tract
boundaries, dimensions, bearings, lot numbers and other necessary survey data. In
addition, the plat contains the required descriptions, dedication and acknowledgment
and approval sections.
Page 27 of 95
him
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of 95
AGENDA REPORT
FOR: City Council May 8, 2016
TO: Dave Zabell, City Manager Regular Meeting: 5/16/16
Rick White, Director
Community & Economic Development
FROM: Dave McDonald, City Planner
Community & Economic Development
SUBJECT: Street & Easement Vacation: Street Right -of -Way and Street Easement
between Rd 92 and Rd 96 (MF# VAC 2016-007)
I. REFERENCE(S):
Overview Map
Vicinity Map
Proposed Resolution
Vacation Petition
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. , a resolution setting 7:00 P.M.,
Monday, June 20, 2016, as the time and date to conduct a public hearing to consider
vacating certain easements and right-of-way between Road 92 and Road 96.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
Almost all (except one) of the owners of property along the north side of Richardson
Road between Road 92 and Road 96 and three additional property (one on Rd 92 and
two on Rd 96) owners have petition for the vacation of the undeveloped right-of-way
and street easements through their property.
The petition requires the City Council to fix a public hearing to consider the vacation
request. The earliest regular Council meeting for a public hearing, which provides the
statutory 20 -day hearing notice, is June 20, 2016.
V. DISCUSSION:
Page 31 of 95
The properties involved in this vacation request were annexed to the City in 2015.
These properties were developed on approved County short plats that contain
easements reserved for future streets rather than right-of-way. The exception being the
two houses on Road 96. They are served by a undeveloped street right-of-way. The
street easement is located 270 and 330 feet north of Richardson Road. This street
easement was never developed and is occupied by a few shops and storage shed in
essentially what are back yards.
Prior to annexation the property owners were working with Franklin County to have
the easements vacated. Rather than scheduling a hearing for a vacation on property
that was soon to be in the City limits the property owners would told by the County to
wait until they were annexed to start the vacation process. Now that the property is in
the City the property owners would like to move forward with the vacation.
Page 32 of 95
RESOLUTION NO.
A RESOLUTION SETTING 7:00 PM, MONDAY, JUNE 20, 2016 AS THE TIME
AND DATE TO CONDUCT A PUBLIC HEARING TO CONSIDER VACATING
CERTAIN EASEMENTS AND RIGHT-OF-WAY BETWEEN ROAD 92 AND ROAD
96.
WHEREAS, from time to time in response to petitions or in cases where it serves the
general interest of the City, the City Council may vacate easements; and
WHEREAS, R.C.W. 35.79 requires public hearings on vacations to be fixed by
Resolution, NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO:
That a public hearing to consider vacating the street right-of-way, street easements and
utility easements between Road 92 and Road 96 in Short Plats 80-12, 85-5, 93-4, 96-06, and 02-
15, will be held before the City Council of the City of Pasco in the Council Chambers at 525 N.
Third Avenue, Pasco, Washington, at the hour of 7:00 p.m., on March 21, 2016. That the City
Clerk of the City of Pasco give notice of said public hearing as required by law.
Passed by the City Council of the City of Pasco this 16th day of May, 2016.
Matt Watkins
Mayor
ATTEST:
Debra L. Clark,
City Clerk
APPROVED AS TO FORM:
Leland B. Kerr
City Attorney
Page 34 of 95
CITY OF PASCO
STREET/ALLEY VACATION PETITION
FEE $200
MASTER FILE #_2-VCDATE SUBMITTED: :Cal b
I, we the undersigned, owners of two-thirds of the privately owned abutting
property hereby petition the City Council of the City of Pasco to vacate the
following described street/alley rights-of-way:
4 s g ��� °► �3 _- s -, r�_ a- p Boz 4 r
ATTACHMENT `A'
Name of Road Petitioned•for Vacation: F0_ K)1'/U e + -
ID #
PETITIONER NAME
TAX PARCEL NUMBER
SIGNATURE
1
Principle Petitioner
l��rY�[�l4Ure
Oi *711j GS
i t v S" O
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Joti�1 1 �?t"ftAlJ�t_L
tl �3#1 flb �
;,�
l,ar� H � nem
I1 it ?t1 Is' 1
_
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ld
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Number petitioners with an individual ID number. Attach additional sheets if necessary. Each petitioner
listed must complete and sign a legal description sheet and include it as attachment 'C'.
i<! V f)A f_ 7r+'s;1U13
._..-.............
".National police WeeC
914ay 15-21, 2016
WHEREAS, the City of Pasco Police play an essential role in safeguarding the rights and freedoms of the
citizens of the City of Pasco; and
WHEREAS, it is important that all citizens know and understand the duties, responsibilities, hazards, and
sacrifices of their police; and
WHEREAS, City of Pasco Police recognize their duty to serve the people by safeguarding life and property,
by protecting them against violence and disorder, and by protecting the innocent against deception and the weak
against oppression; and
WHEREAS, the men and women of the City of Pasco Police unceasingly provide a vital public service;
NOW, THEREFORE, I, Matt Watkins, Mayor of the City of Pasco, Washington, call upon all citizens of the
City of Pasco and upon all patriotic, civic and educational organizations to observe the week of May 15-21, 2016
as
".rational Police Week"
with appropriate ceremonies and observances in which all of our citizens may join in commemorating law
enforcement officers, past and present, who, by their faithful and loyal devotion to their responsibilities, have
rendered a dedicated service to their communities and, in so doing, have established for themselves an enviable
and enduring reputation for preserving the rights and security of all citizens.
I further call upon all citizens of the City of Pasco to observe Sunday, May 15, 2016 as
"Peace Officers' .Memorial Day"
in honor of those law enforcement officers who, through their courageous deeds, have made the ultimate sacrifice
in service to their community or have become disabled in the performance of duty, and let us recognize and pay
respect to the survivors of our fallen heroes.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Pasco,
State of Washington, to be affixed this 13th day of May 2016.
D�','S-�IN
Matt Watkins, Mayor
City of Pasco
"Pu6lic Works Week"
9Uay 15-21, 2016
WHEREAS, public works services provided in our community are an integral part of our citizens'
everyday lives; and
WHEREAS, the support of an understanding and informed citizenry is vital to the efficient
operation of public works systems and programs such as water, sewer, streets and highways, public
buildings, and solid waste collection; and
WHEREAS, the health, safety, and comfort of this community greatly depends on these facilities
and services; and
WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, and
construction is vitally dependent upon the efforts and skill of public works officials; and
WHEREAS, the efficiency of the qualified and dedicated personnel who staff public works
departments is materially influenced by the people's attitude and understanding of the importance of the
work they perform;
NOW, THEREFORE, I, Matt Watkins, Mayor of the City of Pasco, Washington, do hereby
proclaim May 15-21, 2016 as
"Public Works WeeC
in the City of Pasco, and call upon all citizens and civic organizations to acquaint themselves with the
issues involved in providing our public works and to recognize the contributions which public works
officials make every day to our health, safety, comfort, and quality of life.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of
Pasco, State of Washington, to be affixed this 13th day of May 2016.
OC_IAL SF
9<
lj
±� Matt Watkins, Mayor
kOF PPS CO City of Pasco
�SHIN0
Page 38 of 95
GENERAL FUND OPERATING STATEMENT
THROUGH APRIL 2016
UNRESTRICTED CASH AND
INVESTMENTS: 8,729,245 8,425,032
EXPECTED PERCENTAGE OF REVENUES AND EXPENDITURE, FOR 4 MONTHS: 33%
These statements are intended for Management use only.
Page 39 of 95
ADOPTED
YTD
% OF
APPROVED
YTD
%a OF
2015
2015
TOTAL
2016
2016
ANNUAL
BUDGET
ACTUAL
ACTUAL
BUDGET
ACTUAL
BUDGET
REVENUE SOURCES:
TAXES:
PROPERTY
7,159,507
1,699,004
23.7%
7,655,000
2,278,608
29.8%
SALES
9,090,765
3,563,702
39.2%
11,780,000
3,639,849
30.9%
PUBLIC SAFETY
1,300,000
397,894
30.6%
1,365,000
429,267
31.4%
UTILITY
8,349,000
2,662,762
31.9%
8,595,000
3,034,890
35.3%
OTHER
1,046,000
510,773
48.8%
1,138,000
548,035
48.2%
LICENSES & PERMITS
1,304,500
778,613
59.7%v
1,738,400
887,994
51.1%
INTERGOV'T REVENUE
1,566,170
405,738
25.9%
2,122,148
442,809
20.9%
CHARGES FOR SERVICES
6,224,521
1,790,229
28.8%
6,455,114
1,827,177
28.3%
FINES & FORFEITS
806,650
354,866
44.0%
876,600
316,483
36.1%
MISC. REVENUE
437,465
150,589
34.4%
454,840
186,629
41.0%
DEBT AND TRANSFERS IN
8,471,423
46,000
0.5%
1,153,000
47,668
4.1%u
TOTAL REVENUES
45,756,001
12,360,170
27.0%
43,333,102
13,639,409
31.5%
BEGINNING FUND BALANCE
6,501,765
9,383,161
10,566,361
15,984,332
TOTAL SOURCES
52,257,766
21,743,331
41.6%
53,899,463
29,623,741
55.0%
EXPENDITURES:
CITY COUNCIL
113,543
33,261
29.3%
114,323
37,988
33.2%
MUNICIPAL COURT
1,564,015
463,081
29.6%
1,607,000
490,077
30.5%
CITY MANAGER
1,291,940
444,786
34.4%
1,447,608
493,034
34.1%
POLICE
14,271,196
4,230,520
29.6%
14,054,117
4,333,678
30.8%
FIRE
6,379,042
1,886,047
29.6%
5,602,747
1,922,094
34.3%
ADMIN & COMMUNITY SVCS
8,047,581
2,422,820
30.1%
8,411,191
2,703,257
32.1%
COMMUNITY DEVELOPMENT
1,518,261
450,913
29.7%
1,507,525
477,030
31.6%
ENGINEERING
1,839,064
468,163
25.5%
1,765,221
585,191
33.2%u
LIBRARY
1,261,686
418,837
33.2%
1,305,200
529,003
40.5%
NON -DEPARTMENTAL
1,408,466
687,949
48.8%
2,648,832
972,735
36.7%
DEBT AND TRANSFERS OUT
10,430,777
378,672
3.6%e
7,752,675
1,211,799
15.6%
TOTAL EXPENDITURES
48,125,571
11,885,049
24.7%
46,216,439
13,755,886
29.8%
ENDING FUND BALANCE
4,132,195
9,858,282
7,683,024
15,867,856
TOTAL EXPEND & END FUND 1
52,257,766
21,743,331
53,899,463
29,623,741
UNRESTRICTED CASH AND
INVESTMENTS: 8,729,245 8,425,032
EXPECTED PERCENTAGE OF REVENUES AND EXPENDITURE, FOR 4 MONTHS: 33%
These statements are intended for Management use only.
Page 39 of 95
AGENDA REPORT
FOR: City Council May 10, 2016
TO: Dave Zabell, City Manager Regular Meeting: 5/16/16
Rick White, Director
Community & Economic Development
FROM: Dave McDonald, City Planner
Community & Economic Development
SUBJECT: Code Amendment: Temporary Business Standards in the I-182 Overlay Zone
(MF# CA 2016-002)
I. REFERENCE(S):
Proposed Ordinance
We Ice Letter
Memo to Planning Commission: Dated 4/21/16
Planning Commission Minutes: Dated 4/21/16
IL ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to adopt Ordinance No. , an ordinance amending PMC
Title 25 dealing with temporary business standards in the I-182 corridor, and further,
authorize publication by summary only.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
In 2008 and 2009 the City began receiving complaints about the manner in which
temporary businesses were operating on Road 68 and along Burden Boulevard.
To address the haphazard and unsightly conditions associated with temporary
businesses PMC 25.58.095 was added to the I-182 Overylay Zone. The enhanced
standards added to the code for temporary businesses supported the purpose and intent
of the I-182 Overlay Zone and eliminated complaints about the poor operational
standards of temporary businesses.
Only two or three temporary business have been licensed in the I-182 Corridor since
Page 40 of 95
the adoption of the new standards. One of those businesses is We Ice, a shaved
flavored ice business, has been operating at 6403 Burden Boulevard for two summers.
Last year it was discovered that We Ice was operating in conflict with Code
requirements regarding spacing between temporary vendors.
The spacing standard requires 500 feet between temporary vendors but in several other
situations the standard is 300 feet. Because this was discovered late into the season in
2015, We Ice was allowed to continue at their approved location until the end of the
season. The owners of We Ice were informed they would need to find another location
for the 2016 season or petition for a code amendment. We Ice chose to ask for a code
amendment as indicated in the attached letter.
The Council reviewed the Planning Commission's recommendation on the proposed
code amendment during the workshop meeting of May 9th.
V. DISCUSSION:
The new spacing standard in the I-182 area is 500 feet between temporary vendors and
300 feet from residential neighborhoods. Temporary vendors in other parts of the
community are only required to be 250 apart.
The most common spacing requirement in the zoning code is 300 feet. Three hundred
feet is used for public hearing notices, for spacing between residential areas and car
washes, contractor facilities, temporary vendors and auto body shops associated with
car dealers and RV dealers in CR zones. The 300 foot spacing requirement is also used
to separate car lots approved by special permit in C-1 zones.
After considering the matter the Planning Commission recommended the code be
modified to reduce the 500 foot spacing for temporary businesses in the I-182 Overlay
Zone to 300 feet. With other provisions in the temporary business standards of PMC
25.58.095 controlling the location and operation of temporary vendors, modification of
the separation distance to 300 feet should not lead to the proliferation of temporary
vendors in the I-182 Corridor.
Page 41 of 95
ORDINANCE NO.
AN ORDINANCE AMENDING PMC TITLE 25 DEALING WITH TEMPORARY
BUSINESS STANDARDS IN THE I-182 CORRIDOR.
WHEREAS, cities have the responsibility to regulate and control physical development
within their borders and to ensure public health, safety and welfare are maintained; and,
WHEREAS, the City of Pasco has zoning regulations that encourage orderly growth and
development of the City; and,
WHEREAS, within the zoning regulations PMC Chapter 25.58 contains provisions that
encourage aesthetically attractive buildings and commercial development within the I-182
corridor of the city; and,
WHEREAS, permanent businesses in the I-182 Overlay District are required to develop
with enhanced architectural features, screening and landscaping in comparison with other
commercial areas of the community; and,
WHEREAS, PMC 25.58 requires the owners of all commercial properties to maintain
their properties in a clean, safe and well-maintained condition consistent with the enhanced
landscaping and screening requirements; and,
WHEREAS, PMC Chapter 25.58 was amended in September of 2010 to include
provisions for the operation of temporary businesses that support the general intent of Chapter
25.58 of the zoning regulations; and,
WHEREAS, PMC Section 25.58.095 contains a spacing standards that require
temporary vendors to be located at least 500 feet apart; and,
WHEREAS, PMC Section 25.58.095 also limits the placement of temporary vendors to
one per parcel; and,
WHEREAS, PMC Section 25.58.095 contains operational standards that prohibit the use
of accessory equipment like tables, tents, umbrellas and other equipment to sell merchandise and
the standards further restrict the display of merchandise to a temporary business vehicle only;
and,
WHEREAS, the operational standards of PMC Section 25.58.095 have impacted the
location of temporary vendors in the I-182 corridor in a similar manner as the spacing standards;
and,
WHEREAS, on April 21, 2016 the Planning Commission held a public hearing to
consider amending the provisions of PMC Chapter 25.58. Notice of said hearing being provided
in the Tri -City Herald and through the City's website; and,
Page 42 of 95
WHEREAS, during the course of the April 21, 2016 public hearing the Planning
Commission adopted findings to support a recommendation that the City Council amended the
temporary business standards; and,
WHEREAS, the City Council has determined that to further the purposes of maintaining
a quality community and to support desired business activities, it is necessary to amend PMC
Title 25 and adopts by reference the Planning Commission's findings on this matter; NOW
THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES
ORDAIN AS FOLLOWS:
Section 1. That PMC Section 25.58.095 be and the same is hereby amended to read
as follows:
25.58.095 TEMPORARY BUSINESS STANDARDS.
(A) Temporary businesses are only permitted on lots that are fully developed with curb
gutter and sidewalk and improved with parking lots, landscaping and buildings.
(B) Temporary businesses must be located at least 300 feet from the property line of any
residentially zoned property.
(C) Goods, wares and merchandise of any kind can only be displayed or offered for sale
from the temporary business vehicle or conveyance.
(D) Only one temporary business vehicle is permitted per licensee and lot or parcel.
(E) Temporary businesses must be located at least -500 300 feet apart.
(F) No ancillary or accessory equipment of any kind is permitted to be used with a
temporary business including but not limited to: tables, chairs, benches, picnic tables, umbrellas,
propane tanks, tents, awnings, carport structures, satellite dishes, recreational equipment,
amusement devices, entertainment equipment, portable or temporary shelters, portable heaters,
temporary lighting fixtures, decorative lighting, coolers not located on the business vehicle,
freezers/refrigerators not located on the business vehicle, carpet, fencing, and faux landscape
elements.
(G) No parking lot modifications are permitted for the location of temporary businesses
including but not limited to: curbing, concrete slabs, decking and patios.
(H) Signage is only permitted on the temporary business vehicle and not on public right-
of-way or in parking lots.
(I) No advertising for services, activities and products that are not available on or from
the temporary business vehicle is permitted.
(J) Temporary businesses must be located at least 25 feet from any public right-of-way.
(K) Temporary businesses must locate in an area of the parking lot that will not impede
fire lanes or the use of drive aisles within and around parking lots.
(L) Required off street parking cannot be diminished by the location and operation of a
temporary business.
Section 2. This ordinance shall be in full force and effect five days after passage and
publication as required by law.
Page 43 of 95
PASSED by the City Council of the City of Pasco, at its regular meeting of May 16,
2016.
Matt Watkins
Mayor
ATTEST:
Debra L. Clark
City Clerk
APPROVED AS TO FORM:
Leland B. Kerr
City Attorney
Page 44 of 95
Rick White
Director of Community & Economic Development RECEIVED
PO Box 293
Pasco WA, 99301
Hello Mr. White,
MAN 2 12015
�Or,1f-IUNIfY & ECONOfY11C DEVELOPMENT
WE Ice is a seasonal temporary shave ice vendor that has been serving the city of Pasco for the last 2 years on the
commercial lot at 6403 Burden Blvd in West Pasco. WE Ice is locally owned, and a family operated business.
WE Ice is a small self contained 12 foot trailer with professional vinyl signage and pleasing to the eye. It has become a
very popular location for the families of Pasco, as well as the families of all of the Tri- Cities.
WE Ice has operated at this location for the last 2 summers with no citations and no complaints from the public to the
city.
WE Ice is requesting an amendment- code change to code PMC 25.58.095 to allow us to operate at the location at 6403
Burden Blvd. We are requesting a change dealing with the spacing between temporary businesses, as well as operating
on a partially developed lot. The lot WE Ice has been operating on is a partially developed lot owned by Don Pratt. There
is landscaping, curb, sidewalk and a gravel based parking lot. WE Ice would like to continue operating at this location
which is more than 325 feet from another temporary business.
WE have made a name for ourselves associated with this location. WE Ice made a considerable amount of money for the
City of Pasco. It has become a destination. WE Ice is very aware of the desire to keep West Pasco nice, and we are
respectful of this desire. And feel we embody that desire.
Pasco City initially issued WE Ice a permit for this location2 years ago, and as you are aware, a location can make or
break a business. Moving our location could devastate our business.
WE are happy to answer any further questions and are willing to come to a committee or council meeting if needed. We
would love for you to look through pictures of our location and business appearance to help you with your decision. Visit
us on social media. You can find us at weicelove.com
WE are very excited to start another season with the City of Pasco.
Please let us know when that will be possible.
Sincerely,
The WE Ice Team
Sarah and Jeremiah Evans 509-438-8338
Crystal and Robb Worcott 509-528-5810
Page 45 of 95
MEMORANDUM
DATE: April 21, 2016
TO: Planning Commission
FROM: Dave McDonald, City Planner
SUBJECT: Temporary Business Standards—I-182 Overlay Zone (MF# CA
2016-002)
In 2009 and 2010 the Planning Commission held a series of meetings and
hearings to consider temporary business standards for properties within
the I-182 Corridor. The I-182 corridor includes properties west of Rd 36
and generally north of the FCID Canal. Development within the corridor
area is to be guided by the standard zoning district regulations (C-1, CR and
etc.) and the additional provisions of the I-182 Overlay District. The Overlay
District was adopted by the Council to provide enhanced development
standards for properties around the Road 100 and Road 68 Interchanges.
In 2008 itinerant merchants began frequenting the commercial areas around
Road 68 and Burden Boulevard. The haphazard fashion in which many of
these merchants operated generated a number of citizen complaints. As a
result Section 25.58.095 was added to the I-182 Overlay District to address
the poor operating standards of temporary business owners.
Only two or three temporary businesses have been licensed in the I-182
Corridor since the adoption of the new standards. One of those businesses
is We Ice, a shaved flavored ice business, has been operating at 6403
Burden Boulevard for two summers. However, last year it was discovered
staff erroneously interpreted the spacing standards for temporary businesses
when the We Ice business location was approved. The spacing standard
requires 500 feet between temporary vendors but in several other situations
the standard is 300 feet. Because the staff error was discovered late into the
season We Ice was allowed to continue at their approved location until the
end of the season. The owners of We Ice were informed they would need to
find another location for the 2016 season or petition for a code amendment.
We Ice choose to ask for a code amendment as indicated in the attached
letter.
The zoning code and business license regulations have three different
spacing requirements for temporary businesses. Per PMC 5.10A requires a
250 foot separation between temporary vendors except if they are separated
by a public street. The I-182 standards require 300 feet of separation from
I
Page 46 of 95
residentially zoned properties and 500 foot of distance between vendors.
We Ice was approved to do business at 6403 Burden Boulevard which is just
over 300 feet from the food truck in front of Vieras Bakery at 6411 Burden
Boulevard. They are more than the 250 feet required in PMC 5.10A from the
next vendor and just over 300 feet from Island Estates. However, they are
170 feet too close to the food truck to the west per PMC 25.58.095.
The Planning Commission has a couple of options to consider in this case as
follows:
• Do nothing and make no changes to the code.
• Reduce the required separation between businesses by a distance to
be determined.
The 500 foot spacing requirement was placed in the code to limit the
possible proliferation of temporary businesses in the Road 68 and Road 100
areas. However, spacing requirements are not the only provisions that have
limited the concentration of temporary businesses. The standards also limit
one temporary business per lot or parcel and require all merchandise to be
displayed or offered for sale from a vehicle. The provisions also state that no
additional equipment (tables, tents, fencing, shelters and other items) of any
kind is permitted around the sales vehicle. Those three provisions may have
had a greater impact on the number of licenses issued for temporary vendors
than the spacing requirement. As a result an argument could be made to
support a reduction in the spacing requirement.
The different separation requirements in the current standards of PMC
25.58.095 create a little confusion which can result in the difficulty that
arose with the approval of the We Ice license in 2014. The most common
spacing figure in the zoning code is 300 feet. Three hundred feet is used for
public hearing notices, for spacing between residential areas and car
washes, contractor facilities, temporary vendors and auto body shops
associated with car dealers and RV dealers in CR zones. The 300 foot
spacing requirement is also used to separate car lots approved by special
permit in C-1 zones.
With other provisions in the temporary business standards of PMC
25.58.095 controlling the location and operation of temporary vendors
modification of the separation distance to 300 feet should not lead to the
proliferation of temporary vendors in the I-182 Corridor. Reducing the
separation distance to 300 feet will also create some consistency with other
uses that are regulated by a 300 foot requirement and will eliminate the
confusion the current 500 foot separation standard creates.
2
Page 47 of 95
FINDINGS
1) PMC 25.58.095 was adopted to address concerns over the haphazard
manner in which temporary businesses were operating in the I-182 Corridor.
2) PMC 25.58.095 was also adopted to limit the problems associated with the
concentration of temporary businesses that the community had experienced
in other commercial areas.
3) PMC 25.58.095 contains spacing standards for temporary businesses and
limits one temporary business per lot.
4) Spacing standards found in PMC 25.58-095 and other sections of the zoning
regulations have created some confusion for the implementation of the
standards in the I-182 Corridor.
5) The most common spacing standard in the zoning regulations is 300 feet.
6) Operational requirements of PMC 25.58.095 may be a more important factor
in managing the number of temporary businesses that locate in the I-182
Corridor than the spacing standard.
RECOMMENDATION
MOTION: I move the Planning Commission adopt the findings of
fact as contained in the April 21, 2016 staff memo on Temporary
Business Standards.
MOTION: I move the Planning Commission recommend the City
Council adopt the proposed amendments to the Temporary Business
Standards as attached to the April 21, 2016 staff memo to the Planning
Commission.
3
Page 48 of 95
PLANNING COMMISSION MINUTES
4/21/16
B. Code Amendment Temporary Businesses in the I-182 Overlay
Zone (MF# CA 2016-001)
Chairwoman Khan read the master file number and asked for comments from staff.
Dave McDonald, City Planner, discussed the code amendment for temporary
businesses in the I-182 Overlay Zone. About 5-6 years ago the zoning regulations
were amended to include standards for temporary businesses that wanted to locate in
the I-182 Corridor. At that time staff was receiving requests from multiple temporary
businesses to locate on Road 68 and the manor of which many of them operated
detracted from the look of the area. The concern was that these temporary businesses
were coming in and operating in parking lots and detracting from the overall character
of the neighborhood. Since the adoption of the code there haven't been many
temporary businesses locate in that area.
There is a food truck near Robert Wayne Drive and Burden Boulevard that has
operated for a number of years and recently there was a hot dog stand in the TRAC
parking lot. For the last couple of years there has been a small attractive trailer on
Burden selling shaved ice, called We Ice. When looking at the We Ice application last
year and checking the code it appeared staff was interpreting the code incorrectly and
We Ice should not have been approved at the location where they were operating. The
code has a couple of separation standards for temporary businesses. One requires
temporary businesses to be located 300 feet from residential areas and the other
requires a 500 foot separation from other temporary businesses. This is what caused
the confusion on the We Ice application. We Ice was operating just a little over 300
feet of the other food truck, however, because they had already spent money and
hooked up electrical facilities, staff allowed them to continue their operation last year
but were informed that this year they would need to either have the code amended or
find a new location. They made a written request to have the code amended.
Mr. McDonald discussed the 250 foot spacing requirement for temporary vendor
spacing in the central core of the community and pointed out that the most common
spacing requirement in the zoning code was 300 feet. A number of examples were
provided. I Staff recommended the code be changed to allow spacing 300 feet for
temporary businesses in the I-182 area. With other standards in place regulating
temporary businesses Staff was confident the 300 foot space suggestion would work.
Commissioner Greenaway asked if the code is amended to 300 feet if We Ice would
have to move since they hooked up to electricity already.
Mr. McDonald stated that they wouldn't have to move since they are 380 feet from the
other food truck.
Commissioner Polk stated that the Planning Commissioner's received a page of
Facebook comments regarding We Ice handed to them on the bench. She asked where
Page 49 of 95
these comments were found.
Mr. McDonald stated that they were pulled from the City of Pasco's Facebook page and
those comments are part of the record.
Commissioner Bowers asked about the location of the other food truck located near
We Ice.
Mr. McDonald responded the food truck is on the lot next to Vierra's Bakery.
Commissioner Bowers asked if either temporary business had complained about the
distance between each other.
Mr. McDonald answered they had not.
Commissioner Bowers asked how much a permit costs for a temporary vendor.
Mr. McDonald responded they have an initial application fee and then they have a
monthly fee they pay unlike a permanent business that only pays a one-time fee for
the year. This is because temporary businesses require more monitoring by Code
Enforcement than a regular business.
Commissioner Bowers asked how the vendors at Food Truck Friday operate as they
are next to each other.
Mr. McDonald stated that Food Truck Friday doesn't apply because it is under the
Downtown Pasco Development Association and the Farmer's Market.
Crystal Worcott, 54 Applegate Lane, Burbank, WA spoke on behalf of We Ice. She
stated that she is one of the four owners of We Ice and they really enjoy doing
business in the City of Pasco and have been successful. She appreciates the help
from the city staff and it was explained to them that they couldn't return to that
location due to the 500 feet requirement from the other vendor. They looked for other
locations to operate, including a location in Richland as well as Kennewick and were
ready to move forward but the residents of Pasco asked them to stay. The temporary
business near them is a taco truck so they are not competing or taking business from
each other. They are asking for this code amendment so that they can stay in Pasco
for their customers.
Ryan Johnson, 6114 Dorchester Court, spoke in support of the code amendment. He
stated that he loves to ride his bike to this location and it is a good thing to have in
this part of Pasco.
Lynn Hendrix, 733 S. Hawaii Street, Kennewick, WA spoke in support of the code
amendment and We Ice. He stated that he enjoys taking his grandkids to We Ice. The
service and quality of the product are great and the atmosphere is great. It is a place
Page 50 of 95
to visit and be a part of the community.
With no further comments the public hearing closed.
Commissioner Greenaway moved, seconded by Commissioner Bowers, to adopt
findings of fact as contained in the April 21, 2016 staff memo on Temporary Business
Standards. The motion passed unanimously.
Commissioner Greenaway moved, seconded by Commissioner Bowers, the Planning
Commission recommend the City Council adopt the proposed amendments to the
Temporary Business Standards as attached to the April 21, 2016 staff memo to the
Planning Commission. The motion passed unanimously.
Page 51 of 95
AGENDA REPORT
FOR: City Council
TO: Dave Zabell, City Manager
FROM: Rick White, Director
Community & Economic Development
SUBJECT: Chronic Nuisance Ordinance
I. REFERENCE(S):
Draft Chronic Nuisance Ordinance
May 10, 2016
Regular Meeting: 5/16/16
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to adopt Ordinance , an Ordinance creating a new Chapter
9.63 "Chronic Nuisances," amending PMC 11.02.010 "Applicability of Chapter", and
amending PMC 11.02.030 "Definitions" providing for chronic nuisance enforcement
and further, authorize publication by summary only.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
The City of Pasco has made remarkable progress in addressing blight, hazardous
property conditions and threats to public safety and private investment over the last
three decades. As a result of addressing these issues, the City has experienced
significant residential, commercial and industrial growth and development.
Nationally and here in Washington State, several cities have added an enforcement
procedure to deal with chronic nuisances — those nuisances which occur on properties
in repetitive or chronic episodes. Chronic nuisances are often defined to include
violations of local codes that are typically not associated with physical property — such
as loitering, personal harassment, offenses involving drugs, offenses involving
prostitution or indecent exposure and criminal mischief.
The proposed draft Chronic Nuisance Ordinance has been developed to address
offenses that occur on regular basis within Pasco. Essentially the draft ordinance:
Defines chronic nuisances for single family, multi -family, commercial
Page 52 of 95
residential (hotels/motels), commercial and industrial properties;
Provides for adequate notice to the property owner or person in control of the
property;
Establishes procedures for the City's responsible official to determine whether
a property is a chronic nuisance property;
Establishes a system of remedies, penalties and fines for the existence of a
chronic nuisance; and
Provides an appeal process through the Code Enforcement Board if a
responsible person or property owner is aggrieved.
Council considered the first draft of this proposed ordinance in May of 2015. Since that
time, the Police Department and Inspection Services Division have met with several
owners/operators of properties that would be considered a "chronic nuisance" as
defined by the attached draft ordinance; and the draft has been revised and clarified.
Council considered this most recent and revised version of the proposed ordinance at
the Workshop Meeting of May 9, 2016.
V. DISCUSSION:
The Police Department has compiled statistics that illustrate the frequency of police
calls among the City's hotels/motels and multi -family complexes. Examination of these
statistics indicate that several establishments are the sites for repeated calls for Police
services and the vast majority of sites are not. This causes a disproportionate financial
burden upon the entire City and adversely affects private properties in the immediate
neighborhoods of those "chronic" properties.
It can be deduced that given the frequency of Police calls for service to particular
establishments, those establishments pose a risk to public health and safety and
consumes a disproportionate amount of public safety resources.
The proposed ordinance is another resource that would enable the City to deal with
chronic nuisance properties, and has been refined since May of 2015 to:
Identify a "per unit" threshold for definition of a "chronic nuisance;"
Distinguish between properties serving alcoholic beverages and those that don't
for determining the existence of a "chronic nuisance;"
Establish a maximum timeframe for the execution of corrective measures
through a "voluntary correction agreement;" and
Expand the regulatory Sections of the PMC that are covered by the provisions
of the proposed chronic Nuisance Ordinance.
Page 53 of 95
ORDINANCE NO.
AN ORDINANCE of the City of Pasco, Washington
Creating a New Chapter 9.63 "Chronic Nuisances"; Amending
PMC 11.02.010 "Applicability of Chapter"; and Amending
PMC 11.02.030 "Definitions" providing for chronic nuisance
enforcement.
WHEREAS, the City of Pasco has been granted Constitutional and statutory powers to
protect the safety, health and well being of its citizens; specifically providing for the definition,
abatement, and punishment regarding nuisances which pose a hazard to public health and safety
and pose a disproportionate demand for the City health and safety services; and
WHEREAS, it has been determined that when certain properties within the City have
been permitted to be used in such a manner that the risk to public health and safety require
multiple responses by City emergency services, and in addition, negatively impact the quality of
life in the neighborhoods in which they are located; and
WHEREAS, that these chronic nuisance properties cause a financial burden upon the
City by repeated calls for emergency services to the properties; and
WHEREAS, to deter such chronic nuisances and to provide for an appropriate
assessment of the costs of such services, the City Council has determined the adoption of a
chronic nuisance ordinance is necessary to promote the public health, safety, and welfare of the
City. NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. That a new Chapter 9.63 entitled "Chronic Nuisances" of the Pasco
Municipal Code shall be and hereby is created and shall read as follows:
Chapter 9.63
CHRONIC NUISANCES
CPoti nn c
9.63.010
Purpose.
9.63.020
Definitions.
9.63.030
Chronic nuisance activities - violation.
9.63.040
Determination of chronic nuisance property.
9.63.050
Notice of determination of chronic nuisance property.
9.63.060
Appeal hearing before the Code Enforcement Board.
9.63.070
Voluntary correction.
9.63.080
Abatement of chronic nuisance of property.
Chronic Nuisances Ordinance - 1
Page 54 of 95
9.63.090 Penalties.
9.63.100 Additional enforcement procedures.
9.63.110 Burden of proof.
9.63.120 Additional Remedies.
9.63.130 Suspension or revocation of business license.
9.63.010 PURPOSE. Chronic nuisances present significant health, safety, and
welfare concerns with a negative impact upon the quality of life in the neighborhoods where they
are located, as well as an inordinate burden upon the City's emergency services. This Chapter
provides a remedy for chronic nuisance activities.
9.63.020 DEFINITIONS. For purposes of this Chapter, the following words and
phrases shall mean:
A) "Chronic nuisance activity" shall mean any of the following activities,
conduct, or behavior, whenever engaged in by owners, managers, operators, tenants,
occupants or guests of the premises, or other persons that frequent or are associated with
the premises:
1) Violations of Court orders as provided in PMC 9.03.011 and
9.03.012.
2) Violations of PMC Chapter 9.06 including disorderly conduct,
failure to disperse, simple assault, malicious harassment, reckless endangerment,
and disorderly place.
3) Violations of PMC Chapter 9.08, personal harassment.
4) Violations of PMC Chapter 9.11, indecent exposure and lewd
conduct.
5) Violations of PMC Chapter 9.13, prostitution and related activities.
6) Violations of PMC Chapter 9.24, firearms and dangerous weapons.
7) Violations of PMC Chapter 9.28, gambling.
8) Violations of PMC Chapter 9.38, offenses involving drugs, or in
violation of Chapter 69.50 RCW and Chapter 69.43 RCW.
9) Violations of RCW 9A.40.100 and RCW 9A.88.060, human
trafficking.
10) Violations of PMC Chapter 8.02.320 and PMC 8.02.330,
dangerous or potentially dangerous animals.
11) Violations of PMC Chapter 9.46, criminal mischief.
Chronic Nuisances Ordinance - 2
Page 55 of 95
12) Execution of criminal arrest warrants, search warrants or criminal
arrests on the property.
13) Violations of RCW 9.94A, criminal street gang related offenses.
B) "Chronic nuisance property" means a premises, structure, or property,
including adjacent sidewalks, parking areas and common areas, on which:
1) A single-family residence where three or more nuisance activities
described in subsection A) above have occurred on different days during any 180 -
day period; or
2) A commercial business which:
(a) Sells or serves alcoholic beverages where eight (8) or more
nuisance activities described in subsection A) above have occurred on
different days during any 180 -day period; or
(b) All other commercial businesses where four (4) or more
nuisance activities described in subsection A) above have occurred on
different days during any 180 -day period.
3) An industrial property where three or more nuisance activities
described in subsection A) above have occurred on different days during any 180 -
day period.
4) For any type of property where a search warrant or warrant of
arrest, or arrest has occurred twice at such property, business location, or per unit
of any multi -family residential property within a 12 -month period; or
5) For any multi -family residential property including, but not limited
to, apartments, boarding houses, rooming houses, or multi -tenant commercial
properties including, but not limited to, hotels and motels having four (4) or more
nuisance activities per unit (occupied or not) having occurred on different days
within a 180 -day period of time.
C) "Person in charge" means any person or entity in actual or constructive
possession of the property, including but not limited to an owner as determined by the
records of the Franklin County Auditor, lessee, tenant, occupant, agent, or manager with
the express or implied control of the property.
D) "Responsible official' means the Chief of Police or Director of
Community Development, or any applicable department director as defined by PMC
11.02.030(3), or their respective designees.
Chronic Nuisances Ordinance - 3
Page 56 of 95
9.63.030 CHRONIC NUISANCE ACTIVITIES - VIOLATION. It is unlawful for
any person or entity to permit a chronic nuisance property within the City of Pasco and such
person or entity shall be subject to penalties as provided in Section 9.63.090 below.
9.63.040 DETERMINATION OF CHRONIC NUISANCE PROPERTY.
A) The Responsible Official shall, upon receipt of notification of the number
of police, fire, and code enforcement service calls to a property, in excess of that
provided in subsection 9.63.020 above, review official documentation such as police
incident reports, notices and orders to correct, warrants and arrest records, and case files
to determine if there are sufficient facts and circumstances to establish sufficient cause to
find the occurrence of nuisance activities to support a designation of the property as a
chronic nuisance property.
B) In determining emergency service calls, multiple nuisance activities
contained in a single police incident report, or a code violation inspection report shall not
be counted as a separate nuisance activity.
C) Police incident reports generated by calls to aid victims on the property
shall not be used to determine chronic nuisance properties.
D) Reports of calls for services by a person in charge shall not be used to
determine chronic nuisance properties.
9.63.050 NOTICE OF DETERMINATION OF CHRONIC NUISANCE
PROPERTY. When a property is determined to be a chronic nuisance property as defined by
this Chapter, the property owner of record and the person in charge of the property shall be
served with a Notice of Determination of Chronic Nuisance Property as provided by PMC
11.02.050. The Notice shall be sent by certified mail and first-class mail, personally served,
and/or posted upon the property. The Notice shall contain:
A) The street address or legal description sufficient for identification of the
property.
B) A declaration that the property has been determined a chronic nuisance
property with a concise description of the nuisance activity that exists or has occurred.
C) A notice that the owner or other person in charge of the property is subject
to monetary penalties and reimbursement for the cost of emergency services.
D) A demand that the owner or other persons in charge immediately abate the
chronic nuisance conditions, or respond to the Responsible Official within seven (7) days
of service of the notice describing the course of action to be taken to correct the nuisance
condition.
E) Notice that, if the person in charge does not abate the nuisance or respond
as provided in subsection D) above, or if the matter is not voluntarily corrected under a
Chronic Nuisances Ordinance - 4
Page 57 of 95
voluntary correction plan as provided in PMC 9.63.070, abatement may be ordered, and
the penalties as provided by PMC 9.63.090 shall be imposed. Such Order may be
appealed to the City of Pasco Code Enforcement Board for an administrative appeal
hearing as provided in Chapter 11.04 of the Pasco Municipal Code, which shall conduct
the hearing in the manner provided in PMC 11.02.060. Notice of appeal must be filed
with the City Clerk within ten (10) days of the date of the notice.
9.63.060 APPEAL HEARING BEFORE THE CODE ENFORCEMENT BOARD.
An appeal of the Notice of Determination of Chronic Nuisance Property may be filed with the
Code Enforcement Board appealing the determination that a chronic nuisance exists, the original
period of abatement, and for the imposition of penalties and remedies as provided in the Notice.
9.63.070 VOLUNTARY CORRECTION. Any person named in the Notice of
Determination of Chronic Nuisance Property may, within, the time permitted within the Notice,
enter into a Voluntary Correction Plan as provided in PMC 11.02.040.
9.63.080 ABATEMENT OF CHRONIC NUISANCE OF PROPERTY. The owner
or person in charge, upon receipt of the Notice, shall promptly take all reasonable steps as
provided in the Notice for the abatement of the nuisance property. Such reasonable steps may
include the owner taking all actions and pursuing all remedies, including pursuing the eviction,
employment termination, and providing notice of trespass to the person in charge, or persons
whose conduct gave rise to the nuisance activity, so long as such actions or remedies are:
A) Available to the owner pursuant to any lease, agreement, or remedy at law;
and
B) Consistent with State and local laws, including, but not limited to RCW
59.18.580 "Victim protection -- Limitation on tenant screening service provider
disclosures and landlord's rental decisions."
9.63.090 PENALTIES.
A) Any person or entity in violation of this Chapter shall be guilty of a civil
infraction and subject to a penalty of up to $1,000 per day from t the date of
service of the Notice of Determination of Chronic Nuisance Property until the
Responsible Official confirms that the property is no longer a chronic nuisance property,
in an amount up to $25,000.
B) In the event the owner or person in charge enters into a Voluntary
Correction Agreement pursuant to PMC 11.02.040, the penalty shall be abated during the
term of the correction agreement upon demonstrated good faith effort by the owner or
person in charge to fulfill the terms of the Voluntary Correction Agreement. The time for
completion of the abatement shall be designated in the Voluntary Correction Agreement,
but in no event shall exceed ninety (90) days except upon the demonstration of
extraordinary circumstances and approved by the City Manager.
Chronic Nuisances Ordinance - 5
Page 58 of 95
C) The Responsible Official may order restitution of the costs of the
emergency service calls for those service calls commencing with the first nuisance
activity and all subsequent service calls giving rise to the property being deemed a
"chronic nuisance" property as provided in PMC 9.63.020(C). Emergency service calls
shall include City police, fire, ambulance, and code enforcement services. The
Responsible Official shall establish a schedule of standard costs for services to be
assessed based on the actual costs of services subject to future change to reflect current
costs.
9.63.100 ADDITIONAL ENFORCEMENT PROCEDURES. Upon issuance of a
Notice of Determination of Chronic Nuisance Property as provided in PMC 9.63.050 above, the
City Attorney may initiate an action in any Court of competent jurisdiction to abate a chronic
nuisance transient accommodation property, to impose penalties pursuant to this Chapter, to seek
alternative remedies under City or State laws and seek any other relief authorized by law.
9.63.110 BURDEN OF PROOF. In an action against a person in charge to abate a
chronic nuisance property, or to recover penalties and reimbursements authorized by this
Chapter, the City shall have the burden of proof to show, by a preponderance of the evidence,
that the property is a chronic nuisance property pursuant to this Chapter. Copies of police
incident reports, code enforcements reports and reports of other City departments documenting
nuisance activities shall be admissible in such actions. Additionally, evidence of a property's
general reputation and the reputation of the person in charge, and parties residing in or
frequenting the property shall be admissible in such actions.
A) Upon determination that the property is a chronic nuisance property
pursuant to this Chapter, the Responsible Official, Code Enforcement Board or Court,
upon appeal, may order any of the following:
1) Order the person in charge to immediately abate nuisance activity
from occurring on the property.
2) Order that the Responsible Official shall have the right to inspect
the property to determine if the abatement is complete or Code Enforcement
Board or Court orders have been complied with.
3) Impose a penalty of up to $1,000 per day, up to $25,000, against
the person in charge, for each day from the date the notice pursuant to PMC
9.63.050 was issued until the Responsible Official confirms that the property is no
longer a chronic nuisance property.
4) Order the property closed and secured against all unauthorized
access, use and occupancy for a period up to one year.
Chronic Nuisances Ordinance - 6
Page 59 of 95
5) Issue an Order authorizing the City to physically secure the
premises and initiate such closure, and provide that the costs for such closure be
paid for by the person in charge of the property.
B) Any civil penalty and/or costs assessed against the property may be filed
as a lien on the property with the Franklin County Auditor.
9.63.130 SUSPENSION OR REVOCATION OF BUSINESS LICENSE. In
addition to any other remedies that are authorized by this Chapter or other laws, upon the finding
that a property is a chronic nuisance property pursuant to this Chapter, or has failed to pay any
penalty, reimbursement, or other costs assessed as a result of the violation of this Chapter, the
person in charge is subject to the suspension or revocation of any business or other license issued
by the City and required at such property as provided by in PMC 5.04.110.
Section 2. That Section 11.02.010 entitled "Applicability of Chapter" of the Pasco
Municipal Code shall be and hereby is amended and shall read as follows:
11.020.010 APPLICABILITY OF CHAPTER. The provisions of this Chapter shall
apply to enforcement of Title 5 (excluding Chapters 5.12 - Pawnbrokers and Second -Hand
Dealers and 5.46 - Private Detective Agencies, Private Detectives, Private Security Guards, and
Private Security Companies), Title 6 - Health and Sanitation, Chapter 10.52 - Parking, Title 12 -
Streets and Sidewalks, Title 13 - Water and Sewers, Title 16 - Building Code, Title 17 - Sign
Code, t 1_8 Fitre 1r -even ion, Title 19- Mobile Homes, Title 25 - Zoning, and Chapters 8.02
(excepting Sections 8.02.130, 8.02.170 and 8.02.320 - Animal Control), 9.60 - Public Nuisances,
9.61 - Noise Regulation, and 9.62 - Abandoned Vehicles and Vehicle Hulks, and 9.63 - Chronic
Nuisances. The Code Enforcement Board is also designated as the "Improvement Board" for the
purposes of RCW 35.80.030. (Ord. 4017, 2011; Ord. 3534 Sec. 2, 2002; Ord. 3190 Sec. 1,
1996.)
Section 3. That Section 11.02.030 entitled "Definitions" of the Pasco Municipal
Code shall be and hereby is amended and shall read as follows:
11.02.030 DEFINITIONS. As used in this chapter, unless a different meaning is plainly
required:
1) ABATE. "Abate" means to repair, replace, remove, destroy or otherwise
remedy a condition which constitutes a civil violation by such means, in such a manner
and to such an extent as the applicable department director determines is necessary in the
interest of the general health, safety and welfare of the community.
2) ACT. "Act" means doing or performing something.
3) APPLICABLE DEPARTMENT DIRECTOR. "Applicable department
director" means the director of the department or any designated alternate Citesagent or
employee empowered by ordinance or by the City Manager to enforce a City of Pasco
ordinance or regulation.
Chronic Nuisances Ordinance - 7
Page 60 of 95
4) CIVIL INFRACTION. "Civil infraction" means a violation for which a
monetary penalty may be imposed as specified in this chapter. Each day or portion of a
day during which a violation occurs is a separate violation.
5) DEVELOPMENT. "Development" means the erection, alteration,
enlargement, demolition, maintenance or use of any structure or the alteration or use of
any land above, at or below ground or water level, and all acts authorized by a City of
Pasco regulation.
6) EMERGENCY. "Emergency" means a situation which the applicable
department director determines requires immediate action to prevent or eliminate threat
to the health or safety of persons or property.
7) CODE ENFORCEMENT BOARD. "Code Enforcement Board" means
the Pasco Code Enforcement Board established pursuant to Pasco Municipal Code
Chapter 11.04.010.
8) OMISSION. "Omission" means a failure to act.
9) PERSON. "Person" means any individual, firm, association, partnership,
corporation or any entity, public or private.
10) PERSON RESPONSIBLE FOR THE VIOLATION. "Person responsible
for the violation" means any person who is required by the applicable regulation to
comply therewith, or who commits any act or omission which is a civil violation or cause
or permits a civil violation to occur or remain upon property in the City, and includes but
is not limited to the owner(s), lessor(s), tenant(s), or other person(s) entitled to control,
use and/or occupy property where a civil violation occurs.
11) REGULATION. "Regulation" means and includes the following as now
or hereafter amended:
(a) wee City Code Title 16 (Building ing d ConstiHction);Title 17
(Sign Code); Title 25(Ze g); Enforcement of Title 5 (excluding Chapters 5.12 -
Pawnbrokers and Second -Hand Dealers and 5.46 - Private Detective Agencies,
Private Detectives, Private Security Guards, and Private Security Companies),
Title 6 - Health and Sanitation, Chapter 10.52 - Parking, Title 12- Streets and
Sidewalks, Title 13 - Water and Sewers, Title 16 - Building Code, Title 17 - Sign
Code, Title 19- Mobile Homes, Title 25 - Zoning, and Chapters 8.02 (excepting
Sections 8.02.130, 8.02.170 and 8.02.320 - Animal Control), 9.60 - Public
Nuisances. 9.61 - Noise Reaulation. and 9.62 - Abandoned Vehicles and Vehicle
Hulks, and 9.63 - Chronic Nuisances.
Chronic Nuisances Ordinance - 8
Page 61 of 95
(be) All standards, regulations and procedures adopted pursuant to the
above; and
(cd) The terms and conditions of any permit or approval issued by the
City, or any concomitant agreement, with the City.
12) REPEAT VIOLATIONS. "Repeat violations" means a violation of the
same regulation in any location by the same person for which voluntary compliance
previously has been sought within two years or a Notice of Civil Violation has been
issued within two years.
13) VIOLATION. "Violation" means an act or omission contrary to a City of
Pasco regulation including an act or omission at the same or different location by the
same person, and including a condition resulting from such act or omission. (Ord. 3190
Sec. 1, 1996.)
Section 4. SEVERABILITY. The provisions of this Ordinance are hereby declared
to be severable. If any section, subsection, sentence, clause, or phrase of this Ordinance or its
application to any person or circumstance is for any reason held to be invalid or unconstitutional,
the remainder of this Ordinance shall not as a result of said section, subsection, sentence, clause,
or phrase be held unconstitutional or invalid.
Section 5. 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 , 2016.
Matt Watkins, Mayor
Attest:
Debbie Clark, City Clerk
Chronic Nuisances Ordinance - 9
Approved as to Form:
Leland B. Kerr, City Attorney
Page 62 of 95
AGENDA REPORT
FOR: City Council
TO: Dave Zabell, City Manager
FROM: Rick White, Director
Community & Economic Development
SUBJECT: Vacation of Street and Alley Rights of Way
I. REFERENCE(S):
Proposed Ordinance
May 10, 2016
Regular Meeting: 5/16/16
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to adopt Ordinance , creating new Chapter 12.40 entitled
"Vacation of Streets, Alleys and Access Easements," and further, authorize publication
by summary only.
III. FISCAL IMPACT:
Possible receipt of revenues dedicated to acquisition, improvement, development and
maintenance of public open space or transportation capital projects.
IV. HISTORY AND FACTS BRIEF:
The Pasco Municipal Code contains little guidance on the process and expected
outcomes for vacations of public rights of ways.
Existing Section 12.20 of the PMC does not contain or address criteria that should be
considered in the right of way vacation process and does not provide for the beneficiary
of the vacation process to compensate the public for receipt of vacated right of way
under certain circumstances.
As Pasco receives dozens of applications for right of way vacations in any given year,
an ordinance providing a framework for the vacation process has been developed.
Council considered the proposed ordinance at the Workshop Meeting of May 9, 2016.
V. DISCUSSION:
Page 63 of 95
The proposed ordinance contains several provisions for enhanced review and decision
criteria:
Revised notification requirements that more closely mirror those used for other
land use procedures (notification to abutting owners and those within 300 feet
of the proposed vacation area);
Criteria for approval (designed to be used as Findings and addressing public
safety/welfare, accessibility and circulation);
The ability to require an appraisal to determine the value of the proposed
vacated property (including options for determining the value by other less
expensive procedures);
The ability to condition the vacation upon receipt of any payments determined
appropriate by Council; and
Providing for limitations of the use of any payments received for vacating
public rights of way (the proposed ordinance has established one half of the
revenue received to be used for acquisition, improvement or development of
public open space or transportation projects - in conformance with state law).
As the proposed ordinance established a policy and regulatory framework for the
vacation process, staff recommends Council approval.
Page 64 of 95
ORDINANCE NO.
AN ORDINANCE of the City of Pasco, Washington,
Creating a New Chapter 12.40 entitled "Vacation of Streets,
Alleys and Access Easements"
WHEREAS, the City of Pasco is authorized by RCW 35.79 to vacate on the terms
provided therein, streets, alleys, and access easements deemed no longer needed or beneficial for
public transportation; and
WHEREAS, the City Council may provide such procedures as necessary for initiating or
considering a petition for the vacation of public right-of-ways for the purpose of streets, roads,
alleys, and access easements. NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. That Chapter 12.40 entitled "Vacation of Streets, Alleys, and Access
Easements" of the Pasco Municipal Code, shall be and hereby is created and shall read as
follows:
Chapter 12.40
VACATION OF STREETS, ALLEYS, AND ACCESS EASEMENTS
Sections:
12.40.010
PURPOSE.
12.40.020
INITIATION OF PROCEEDINGS.
12.40.030
PETITION METHOD.
12.40.040
PUBLIC HEARING.
12.40.050
NOTICE OF HEARING.
12.40.060
OBJECTION BY PROPERTY OWNERS.
12.40.070
CRITERIA.
12.40.080
RESERVE EASEMENTS.
12.40.090
VACATION AGREEMENT.
12.40.100
APPRAISALS AND APPRAISAL FEES.
12.40.110
SURVEY REQUIRED.
12.40.120
COMPENSATION FOR VACATED RIGHT-OF-WAY
12.40.130
VACATION ORDINANCE.
12.40.140
USE OF VACATION PAYMENT.
12.40.010 PURPOSE. This Chapter establishes the procedure and criteria for
consideration and determination of vacation of streets, alleys, and access easements relating to
street, pedestrian, or travel purposes. This Chapter shall not apply to the vacation or termination
of any other types of public easements. All other real property, easements and licenses shall be
Ordinance Creating Chapter 12.40 - 1
Page 65 of 95
vacated or extinguished by quit claim deed upon administrative determination that such is no
longer necessary for municipal purposes. Easements established by dedication shall be
extinguished pursuant to RCW 64.04.175.
12.40.020 INITIATION OF PROCEEDINGS. A vacation may be initiated by:
A) A Resolution of the City Council; or
B) A petition signed by the owners of more than two-thirds of the property
abutting the part of the street or alley to be vacated, or, in the case of an easement, the
owners of two-thirds of the property underlying the portion of the easement to be
vacated.
12.40.030 PETITION METHOD.
A) An applicant shall apply for a vacation by submitting the following:
1) A vacation petition upon forms provided by the City;
2) A legal description of the area to be vacated prepared by a licensed
surveyor when requested by the City or except as provided in Section 12.40.110;
3) For each petitioner a title report indicating ownership and
providing a legal description of the property owned by the petitioner unless
waived as provided in Section 12.40.120 B);
4) The vacation application fee as provided in PMC 3.07.130;
5) A signed agreement to pay the cost of an appraisal unless waived
as provided in Section 12.40.120 B); and
6) Any additional information or material that the Director of
Community & Economic Development determines is reasonably necessary for the
City Council to consider the requested vacation.
B) The petition shall be filed with the Director of Community & Economic
Development, and the petition shall be signed by the owners of more than two-thirds of
the property abutting upon the street or alley (based on front footage), or underlying the
public easement (based on square footage).
12.40.040 PUBLIC HEARING. Upon receiving a complete application for vacation,
or upon passage of a Resolution by the City Council seeking vacation, the City Council shall by
Resolution, fix a time when the City will hold a public hearing on the proposed vacation. The
hearing will be not more than sixty (60) days nor less than twenty (20) days after the date of the
passage of such Resolution. The Resolution seeking vacation by the City Council and setting the
public hearing may be consolidated to a single Resolution.
Ordinance Creating Chapter 12.40 - 2
Page 66 of 95
12.40.050 NOTICE OF HEARING.
A) On passage of the Resolution provided in Section 12.40.040 above, the
City shall give notice at least twenty (20) days before the public hearing of the time, date
and place for the public hearing.
B) Content. The public notice shall contain the following information:
1) A statement that a request to vacate the street, alley, or access
easement will be considered by the City Council;
2) A statement of the date, time, and place of the public hearing
before the City Council;
3) A location description along with a vicinity map that identifies the
street, alley, or access easement proposed to be vacated; and
4) A statement of the right of any person to submit written comments
to the City Council prior to or at the public hearing, and to appear before the City
Council at the hearing to give testimony.
C) Distribution of Notice. Distribution of the public notice shall be as
follows:
1) A copy will be sent, by mail, to the abutting owner of each parcel
of real property at the address designated on the official records of Franklin
County.
2) To the owners of each parcel of real property within three hundred
feet of any boundary of the street, alley, or public access easement to be vacated
unless the street or alley is unimproved and has previously been determined by
Council not to be needed as a street or alley.
3) A copy of the Notice will be published in the official newspaper of
the City.
4) A copy of the Notice will be posted in three public places in the
City and posted in a conspicuous place on the street or alley sought to be vacated.
12.40.060 OBJECTION BY PROPERTY OWNERS. If fifty percent (50%) or more
of the abutting property owners on the street or alley (based on front footage), or the underlying
public easement (based on square footage), file written objections to the City Council in
opposition to the vacation prior to the time of or at the hearing, the City shall be prohibited from
proceeding with the public hearing or granting the vacation.
Ordinance Creating Chapter 12.40 - 3
Page 67 of 95
12.40.070 CRITERIA. The City Council shall use the following criteria for approval
of the petition:
A) The vacation shall not adversely affect traffic accessibility and circulation
within the immediate area or within the City as a whole;
B) The right-of-way is not contemplated or needed for future public use;
C) No abutting property will become landlocked, or its access substantially
impaired; and
D) The public needs shall not be adversely affected and the vacation will
provide a public benefit or serve a public purpose.
12.40.080 RESERVE EASEMENTS. In vacating a street, alley, or public easement,
the City may reserve for the City any easements or other rights to exercise and grant any
easement for public utilities and services, pedestrian trail purposes, and any other type of
easement relating to the City's right to control, use and manage its rights -of way.
12.40.090 VACATION AGREEMENT. At any time prior to the City Council's final
decision on vacation, the applicant may present to the City a voluntary vacation agreement
containing special terms that would apply to the vacation if the application is approved. The
City Council, upon approval of the terms of such agreement, may vacate a street, alley, or access
easement incorporating such terms and subject to the criteria in Section 12.40.070 above.
12.40.100 APPRAISALS AND APPRAISAL FEES. The appraisal method shall be
determined by the City within its sole discretion as to most accurately determine the fair market
of the right-of-way proposed for vacation. An appraisal of the right-of-way proposed for
vacation shall be made by one or more of the following methods:
A) The assessed value of the comparable abutting properties (without
improvements) shall be obtained from the records of the Franklin County Assessor. The
average of such values, on a square foot basis, shall be applied to the right-of-way which
is proposed for vacation.
B) The petitioners shall be required to submit a report of a professional
appraiser to the City, stating the fair market value of the right-of-way proposed for
vacation.
C) The City shall obtain a report for one or more professional appraisers
stating the fair market value of the right-of-way proposed for vacation. The cost of such
report or reports shall be paid by the petitioner prior to the time of the public hearing.
12.40.110 SURVEY REQUIRED. The petitioner shall submit with its application
provided in PMC 12.40.030 a professional survey of the property proposed for vacation within
the boundaries of the proposed vacation marked upon the ground with an accurate legal
Ordinance Creating Chapter 12.40 - 4
Page 68 of 95
description of the proposed vacation to be furnished to the City. The City may waive this
requirement if the location and legal description of the street or alley proposed for vacation is
sufficiently known to the City so that an accurate legal description of the proposed vacation can
be known with certainty.
12.40.120 COMPENSATION FOR VACATED RIGHT-OF-WAY.
A) The City Council may require the petitioners to compensate the City:
1) Where the street or alley, or access easement, has been part of a
dedicated public right-of-way for 25 years or more, or was acquired at public
expense, in an amount that does not exceed the full appraised value of the area
vacated.
2) Where the street or alley, or access easement, has not been part of
a dedicated right-of-way for 25 years or more, or was acquired at public expense,
in an amount which equals one-half of the appraised value of the area vacated.
B) Compensation for the vacated areas, and an appraisal and title report as
required by Section 12.40.100 and 12.40.030 above, may be waived in whole or in part
by the City if one or more of the following apply:
1) The vacation is initiated by the City Council by Resolution;
2) The vacation is at the request of the City;
3) The right-of-way to be vacated was previously determined by the
City Council not to be essential to public traffic circulation and available for
vacation;
4) The grant of substitute public right-of-way which has a value as a
right-of-way at least equal to that right-of-way to be vacated; and
5) The resulting benefit to the community of the project requiring the
vacation outweighs the appraised value of the right-of-way to be vacated.
12.40.130 VACATION ORDINANCE. Following the public hearing thereon, the
City Council may authorize by Ordinance the vacation of such street, alley, access easement, or
any part thereof. Such Ordinance may provide for the retention by the City of all easements or
rights with respect to the vacated land for the construction, repair or maintenance of public
utilities and services. If the City Council determines that compensation shall be paid as a
condition of the vacation, the Ordinance shall not become effective, published or recorded until
the compensation has been paid in full.
12.40.140 USE OF VACATION PAYMENT. One-half of the revenue received by
the City as compensation for the right-of-way vacated shall be dedicated to the acquisition,
Ordinance Creating Chapter 12.40 - 5
Page 69 of 95
improvement, development and related maintenance of public open space or transportation
capital projects within the City.
Section 2. This Ordinance shall take full force and effect five (5) days after its
approval, passage, and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, and approved as
provided by law this day of , 2016.
Matt Watkins, Mayor
ATTEST:
APPROVED AS TO FORM:
Debra L. Clark, City Clerk Leland B. Kerr, City Attorney
Ordinance Creating Chapter 12.40 - 6
Page 70 of 95
AGENDA REPORT
FOR: City Council
TO: Dave Zabell, City Manager
FROM: Ahmad Qayoumi, Director
Public Works
May 10, 2016
Regular Meeting: 5/16/16
SUBJECT: Ordinance to Modify PMC 12.24 Creating Section 12.24.145 "Construction
Zone Safety and Speed Limits"
I. REFERENCE(S):
Ordinance
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to adopt Ordinance No. creating a new section 12.24.145
"Construction Zone Safety and Speed Limits" and, further, authorize publication by
summary only.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
Every year the City engages in the management of a number of large and small
projects. Typically, each requires traffic control plans that safeguard the contractor
and/or staff working in the field and communicates advisory information to the
travelers, such as reminding them to drive carefully around construction zones.
On the majority of projects, the project traffic control plan maintains the posted speed
limit during construction. However, there are occasions, depending on the nature of the
project, or during an emergency, when staff must reduce the lane width to narrower
than standards or shorter tapers. This would require the City to temporarily modify the
speed limit to below the posted speed in order to protect the crew working on the
project and the traveling public.
Per City Ordinance, any time there is to be a change in the speed limit, it shall be
approved by the City Council. With the volume of projects currently scheduled and
with short notice on emergent projects, it is often difficult for staff to go through the
Page 71 of 95
current process with enough time to have the speed limit reduction approved by
Council by ordinance prior to construction. Additionally, this process would then
require the City Council to pass a subsequent ordinance after project completion to
restore or modify the speed limit to match new conditions.
V. DISCUSSION:
Staff is requesting an amendment to PMC 12.24 to allow the City Manager to modify
the speed limit ONLY during the duration of a construction project.
This item was discussed at the May 9, 2016 Council Workshop.
Page 72 of 95
ORDINANCE NO.
AN ORDINANCE of the City of Pasco, Washington,
Creating a New Section 12.24.145 "Construction Zone Safety
and Speed Limits"
WHEREAS, the Washington State legislature has recognized that additional hazards
exist where construction work is conducted within the roadway right-of-ways requiring the
imposition of road restrictions including speed limits, lane designations, and stoppage of traffic
which is applicable on all State roadways pursuant to RCW 46.61.527; and
WHEREAS, those same risks apply within roadway construction zones within the City
of Pasco and where traffic deviation, interruption, and driving conditions exists that would make
it unsafe to drive at regular posted speeds, it is necessary to establish by Ordinance, authorization
for establishing such temporary restrictions, and imposing a penalty upon those that violate such
restrictions thereby causing an increased risk of harm. NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. That a new Section 12.24.145 entitled "Construction Zone Safety and
Speed Limits" of the Pasco Municipal Code shall be and hereby is adopted and shall read as
follows:
12.24.145 CONSTRUCTION ZONE SAFETY AND SPEED LIMITS.
A) Upon recommendation of the City Engineer, the City Manager, or his designee,
may impose reduced speed limits within construction zones at such levels as is reasonably
necessary for the protection of the citizens, drivers, and those associated with the construction
and their property during the period of construction.
B) For the purpose of this section, a "roadway construction zone" is an area where
the construction, repair, or maintenance work is being conducted on or adjacent to any public
roadway whether or not public employees or private contractors are present, but where driving
conditions exist that would make it unsafe to drive at a higher speed. The construction zone shall
be designated by signage or flaggers.
C) The temporary construction zone speed limit shall be posted within the
construction zone and shall remain in effect until removed by the City Manager, or his designee.
D) No person shall drive a vehicle in a roadway construction zone at a speed greater
than that posted or allowed by traffic control devices.
Section 2. This Ordinance shall take full force and effect five (5) days after its
approval, passage, and publication as required by law.
Ordinance Creating PMC 12.24.145
Construction Zone Safety and Speed Limits - 1
Page 73 of 95
PASSED by the City Council of the City of Pasco, Washington, and approved as
provided bylaw this 16th day of May, 2016.
Matt Watkins, Mayor
ATTEST:
APPROVED AS TO FORM:
Debra L. Clark, City Clerk Leland B. Kerr, City Attorney
Ordinance Creating PMC 12.24.145
Construction Zone Safety and Speed Limits - 2
Page 74 of 95
AGENDA REPORT
FOR: City Council
April 29, 2016
TO: Dave Zabell, City Manager Regular Meeting: 5/16/16
Ahmad Qayoumi, Public Works Director
FROM: Dan Ford, City Engineer
Public Works
SUBJECT: Ordinance to Amend PMC 14.10 "Prequalification" & 14.11 "Small Works
Roster"
I. REFERENCE(S):
Resolution No. 3709 - MRSC Rosters
Ordinance Amending PMC Chapter 14.10 "Prequalification"
Ordinance Amending PMC Chapter 14.11 "Small Works Roster"
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to adopt Ordinance No. Repealing PMC 14.10.020
"Prequalification"; PMC 14.10.025 "Limited Prequalification Requirement"; PMC
14.10.030 "Application Required"; PMC 14.10.050 "Revocation of Prequalification
Status"; and PMC 14.10.060 "Appeal" and, further, authorize publication by summary
only.
MOTION: I move to adopt Ordinance No. Amending PMC Chapter
14.11 "Small Works Roster" to Comply with Recent Changes in the Law and to
Participate in the MRSC Rosters for Small Public Works Contracts, Consulting
Services, and Vendor Services and, further, authorize publication by summary only.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
The City of Pasco has maintained its own small works roster and receives limited
responses when advertised for updates. The Municipal Research and Services Center
(MRSC) maintain a more robust roster that almost all consultants desire to be included
on, since MRSC caters to almost all municipalities. In turn, this will get us better and
more competitive prices for services rendered.
Page 75 of 95
City Council has previously approved the use of MRSC as it pertains to Professional
Services Contracts so this request in alignment with that approach.
The proposed changes to PMC 14.10 and 14.11 are to reflect the new contract with
MRSC and the removal of the pre -qualification requirement.
V. DISCUSSION:
Staff recommends approval of the proposed amendments to the Ordinance.
Page 76 of 95
RESOLUTION NO. 3 7 0 1
A RESOLUTION of the City of Pasco, Washington, authorizing
participating in the Municipal Research and Services Center of Washington
(MRSC) roster process to award public works contracts; a consulting
service roster for architectural, engineering, and other professional services;
and a vendor roster for goods and services not related to the public works
contracts.
WHEREAS, the City of Pasco has adopted Chapter 14.11 of the Pasco Municipal Code,
a process for awarding small public works contracts, consulting services contracts, and vendor
contracts pursuant to a roster as permitted by State laws and
WHEREAS, the Municipal Research and Services Center of Washington. (MRSC)
maintains an online database providing city services to cities to host their official roster on such
online database, and such participation through the MRSC rosters will enlarge the potential
bidders for such projects. NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO
RESOLVE AS FOLLOWS:
Section 1. Participation in MRSC Rosters. The City wishes to contract with MRSC
to have their official rosters hosted in the online database for the City's use for small public
works contracts, consulting services, and vendor services developed and maintained by MRSC
through MRSC rosters, and hereby authorizes the City Manager to sign that Contract.
PASSED by the Ci Coun it of the City of Pasco, Washington, as its regular meeting
dated this � day of l's' f , 2916.
Matt Watkins, Mayor
A TEST; APPROVED AS TO FORM:
De ra L. Clark, City Cler Leland B. Kerr, City Attorney
Resolution - 1
Page 77 of 95
ORDINANCE NO.
AN ORDINANCE of the City of Pasco, Washington
Repealing PMC 14.10.020 "Prequalification"; PMC 14.10.025
"Limited Prequalification Requirement"; PMC 14.10.030
"Application Required"; PMC 14.10.050" Revocation of
Prequalification Status"; and PMC 14.10.060 "Appeal"
WHEREAS, recent changes in Washington law have authorized cities to require
supplemental criteria for determination of a responsible bidder for City public works projects;
and
WHEREAS, as a result of this change in law, prequalification requirements adopted by
the City for eligible contractors for specific infrastructure construction projects are no longer
needed, and as a result, there is a staff recommendation that such requirements be repealed.
NOW, THEREFORE.
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. That Section 14.10.020 entitled "Prequalification" of the Pasco Municipal
Code shall be and hereby is repealed in its entirety.
Section 2. That Section 14.10.025 entitled "Limited Prequalification Requirement" of
the Pasco Municipal Code shall be and hereby is repealed in its entirety.
Section 3. That Section 14.10.030 entitled "Application Required" of the Pasco
Municipal Code shall be and hereby is repealed in its entirety.
Section 4. That Section 14.10.050 entitled "Revocation of Prequalification Status" of
the Pasco Municipal Code shall be and hereby is repealed in its entirety.
Section 5. That Section 14.10.060 entitled "Appeal" of the Pasco Municipal Code
shall be and hereby is repealed in its entirety.
Section 6. That Section 14.10.010 entitled "Bidder Responsibility and Qualification
for Public Works Construction" of the Pasco Municipal Code shall remain in full force and effect
and shall not be effected in anyway by repealing of the sections above.
Section 7. 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 32016.
Page 1 of 2 Page 78 of 95
Matt Watkins, Mayor
ATTEST:
Debra L. Clark, City Clerk
APPROVED AS TO FORM:
Leland B. Kerr, City Attorney
Page 2 of 2
Page 79 of 95
ORDINANCE NO.
AN ORDINANCE of the City of Pasco, Washington,
Amending PMC Chapter 14.11 "Small Works Roster" to
Comply with Recent Changes in the Law and to Participate in
the MRSC Rosters for Small Public Works Contracts,
Consulting Services, and Vendor Services
WHEREAS, the City of Pasco is authorized by RCW 39.04.155 and other laws
regarding contracting for public works to establish and implement a small works roster to
provide an alternative for public bidding for public works contracts; and
WHEREAS, RCW 39.04.190 provides for the purchase of materials, supplies, or
equipment not connected to a public works project that is to be secured by a vendor list process;
and
WHEREAS, RCW 39.80 and other laws regarding contracting for consulting services to
allow contracts to be awarded by a consultant roster process; and
WHEREAS, it has been determined to be in the best interest of the City to participate
with Municipal Research and Service Center of Washington (MRSC) to host these rosters on
their online data base. NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. That a new Section 14.11.005 of the Pasco Municipal Code entitled
"MRSC Rosters" shall be and hereby is adopted and shall read as follows:
14.11.005 MRSC ROSTERS. The City has contracted with the Municipal Research
and Service Center of Washington (MRSC) to have their official rosters posted in the online
database for the City's use for small public works contracts, consulting services, and vendor
services developed and maintained by MRSC through MRSC Rosters.
Section 2. That Section 14.11.010 of the Pasco Municipal Code entitled "Small
Works Roster Procedures" shall be and hereby is amended and shall read as follows:
14.11.010 SMALL WORKS ROSTER PROCEDURES. The following Small
Works Roster procedures are established for use by the City pursuant to RCW 35.22.620 and
RCW 39.04.
A) Cost. The City need not comply with formal sealed bidding procedures for the
construction, building, renovation, remodeling, alteration, repair, or improvement of real
property where the estimated cost does not exceed Three Hundred Thousand Dollars
($300,000.00), which includes the costs of labor, material, equipment and sales and/or use taxes
as applicable. Instead, the City may use the Small Works Roster procedures for public works
projects as set forth herein. The breaking of any project into units or accomplishing any projects
Ordinance Amending PMC 14.11 - 1
Page 80 of 95
by phases is prohibited if it is done for the purpose of avoiding the maximum dollar amount of a
contract that may be let using the Small Works Roster process.
.,
130 Publication. At least once a year, MRSC shall, on behalf of the City, sha14 publish
in a newspaper of general circulation within the municipality jurisdiction a notice of the
existence of the small works roster vers and solicit the names of contractors for stwh the
small works roster-&��. Responsible and qualified contractors shall be added to an
appropriate roster or rosters at any time that they submit a written request and necessary records.
The City may require master contracts to be signed that become effective when a specific award
is made using a Small Works Roster.
C) Electronic Rosters. In addition to paper and/or electronic rosters kept on file in
the appropriate department, the City may also use state-wide electronic data base developed and
maintained for this purpose.
DE) Telephone, or -Written, or Electronic Quotations. The City shall obtain telephone,
written or electronic quotations for public works contracts from contractors on the appropriate
Small Works Roster to assure that a competitive price is established and to award contracts to a
contractor who meets the mandatory bidder responsibility criteria in RCW 39.34.350(1). The
City may establish supplementary bidder criteria under RCW 39.34.350(2) to be considered in
the process of awarding a contract. the lowest responsible and qualifying L.idder as defined in
RCW 39.04.350, as follows:
1) A contract awarded from a Small Works Roster need not be advertised.
Invitations for quotations shall include an estimate of the scope and nature of the work to
be performed as well as materials and equipment to be furnished. However, detailed
plans and specifications need not be included in the invitation. This sttbseetior does not
eliminate other requirements for arehiteetural e g, approvals as to quality and
eamplianee with building eedes.
2) Quotations may be invited from all appropriate contractors on the
appropriate Small Works Roster. As an alternative, quotations may be invited from at
least five (5) contractors on the appropriate Small Works Roster who have indicated the
Ordinance Amending PMC 14.11 - 2
Page 81 of 95
130 Publication. At least once a year, MRSC shall, on behalf of the City, sha14 publish
in a newspaper of general circulation within the municipality jurisdiction a notice of the
existence of the small works roster vers and solicit the names of contractors for stwh the
small works roster-&��. Responsible and qualified contractors shall be added to an
appropriate roster or rosters at any time that they submit a written request and necessary records.
The City may require master contracts to be signed that become effective when a specific award
is made using a Small Works Roster.
C) Electronic Rosters. In addition to paper and/or electronic rosters kept on file in
the appropriate department, the City may also use state-wide electronic data base developed and
maintained for this purpose.
DE) Telephone, or -Written, or Electronic Quotations. The City shall obtain telephone,
written or electronic quotations for public works contracts from contractors on the appropriate
Small Works Roster to assure that a competitive price is established and to award contracts to a
contractor who meets the mandatory bidder responsibility criteria in RCW 39.34.350(1). The
City may establish supplementary bidder criteria under RCW 39.34.350(2) to be considered in
the process of awarding a contract. the lowest responsible and qualifying L.idder as defined in
RCW 39.04.350, as follows:
1) A contract awarded from a Small Works Roster need not be advertised.
Invitations for quotations shall include an estimate of the scope and nature of the work to
be performed as well as materials and equipment to be furnished. However, detailed
plans and specifications need not be included in the invitation. This sttbseetior does not
eliminate other requirements for arehiteetural e g, approvals as to quality and
eamplianee with building eedes.
2) Quotations may be invited from all appropriate contractors on the
appropriate Small Works Roster. As an alternative, quotations may be invited from at
least five (5) contractors on the appropriate Small Works Roster who have indicated the
Ordinance Amending PMC 14.11 - 2
Page 81 of 95
capability of performing the kind of work being contracted, in a manner that will
equitably distribute the opportunity among the contractors on the appropriate roster.
If the estimated cost of the work is from one hundred and fifty thousand dollars
($150,000.00) to three hundred thousand dollars ($300,000.00), the City may choose to
solicits from bids from less than all the appropriate contractors on the appropriate Small
Works Roster, but most also notify the remaining contractors on the appropriate Small
Works Roster that quotations on the work are being sought. The City has the sole option
of determining whether this notice to the remaining contractors is made by:
a) Publishing notice in a legal newspaper in general circulation in the
area where the work is to be done.
b) Mailing a notice to these contractors; or
C) Sending a notice to these contractors by facsimile or other
electronic means.
3) For the purpose of this Chapter, "equitably distribute" means that the City
may not favor certain contractors on the appropriate Small Works Roster over the other
contractors on the appropriate Small Works Roster who perform similar services. At the
time bids are solicited, the City representative shall not inform a contractor of the terms
or amount of any other Contractor's bids for the same project.
4) A written record shall be made by the City representative of each
contractor's bid on the project and of any conditions imposed on the bid. Immediately
after an award is made, the bid quotations obtained shall be recorded, open to public
inspection, and available by telephone inquiry.
EF) Limited Public Works Process. If work, construction, alteration, or improvement
projects are estimated to cost less than thirty-five thousand dollars ($35,000.00), the City
Manager or his designee may award such a contract using the limited public works process
provided under RCW 39.04.155. For limited public works projects, the City will solicit
electronic or written quotations from a minimum of three (3) contractors from the appropriate
Small Works Roster and shall award the contract to the lowest responsible bidder as defined
under RCW 39.34.01039.34350. After an award is made, the quotations shall be open to public
inspection and available by electronic request.
The City may use the limited public works process to solicit and award Small Works
Roster contracts to small businesses that are registered contractor with gross revenues under one
million dollars ($1,000,000.00) annually as reported on their Federal Tax Return, and to adopt
such additional procedures as to encourage small businesses that are registered contractors with
revenue's under two hundred fifty thousand dollars ($250,000.00) annually as reported on their
Federal Tax Return to submit quotations or bids on Small Works Roster contracts.
For limited public works project, the City may waive the payment and performance bond
requirements of RCW 39.08 and the retainage requirements of RCW 60.28, thereby, assuming
Ordinance Amending PMC 14.11 - 3
Page 82 of 95
the liability for the contractor's nonpayment of laborers, mechanics, subcontractors, material
suppliers, suppliers, and taxes imposed under Title 82 RCW that may be due from the contractor
for the limited public works project. However, the City shall have the right of recovery against
the contractor for any payments made on the contractor's behalf.
The City shall maintain a list of the contractors contacted and the contracts awarded
during the previous twenty-four (24) months under the limited public works process, including
the name of the contractor, the contractor's registration number, the amount of the contract, a
brief description of the type of work performed, and the date the contract was awarded.
FH) Determining the Lowest Possible Bidder. The City shall award the contract for
the public works project to the lowest responsible bidder provided that, whenever, there is a
reason to believe that the lowest acceptable bid is not the best price obtainable, all bids may be
rejected and the City Council may call for new bids. A responsible bidder shall be a registered
or licenses contractor who meets the mandatory bidder responsibility criteria established by
Chapter 133, Laws of 2007 (SHB 2010) and who meets any supplementary bidder responsible
criteria established by the City.
G) Award. All of the bids or quotations shall be collected by the City Manager or his
desi;nee,, shall be authorized to award pubiie wofks eeat-Faets to the lowest responsible bid
dollars ($50,000), the Manager- shall present all telephone quotations/bids and r-eeemmendatio
fef award of the eePAT-aet to the lowest fespensible and "alified bidder- te the City Cetmeil for -
approval and award. However-, for- publie wofks pr-ejeets under- one hundr-ed thetis d dollar -S
($100,000.00), the City Manager- shall have the atAherity to awafd publie works eentme
without City Gotineil's approval, pr-ovided that the City Gotineil shali r-atify the City Manag
approval at the next sehe"Ied City Gatmeil meeting.
Ordinance Amending PMC 14.11 - 4
Page 83 of 95
j) The City Manager or his designee shall then present all bids or quotations
and their recommendation for award of the contract to the City Council. The City
Council shall consider all bids or quotations received, determine the lowest responsible
bidder, and award the contract; or
2) The City Council delegates the authority to award bids to the City
Manager for public works projects costing less than or equal to One Hundred Thousand
Dollars ($100,000.00), the City Manager shall have the authority to award public works
contracts without City Council approval, provided that the City Council shall ratify the
City Manager's approval at the next scheduled City Council meeting by means of the
consent agenda. For public works projects costing more than One Hundred Thousand
Dollars($100,000.00), the City Council shall award all public works contracts. (Ord.
3992, 2011.)
Section 2. That a new Section 14.11.020 of the Pasco Municipal Code entitled
"Vendor List Roster" shall be and hereby is adopted and shall read as follows:
14.11.020 VENDOR LIST ROSTER. The following vendor list roster procedures
are established for use by the City pursuant to RCW 39.04.190.
A) Purchase of materials, supplies, or equipment not connected to a public works
project. The City is not required to use formal sealed bidding procedures to purchase materials,
supplies, or equipment not connected to a public works project where the cost will not exceed
One Hundred Thousand Dollars ($100,000.00). The City will attempt to obtain the lowest
practical price for such goods and services.
B) Publication. At least twice per year, MRSC shall, on behalf of the City, publish
in a newspaper of general circulation within the municipality's jurisdiction a notice of the
existence of the vendor list roster and solicit the names of vendors for the vendor list roster.
MRSC shall add responsible vendors to the vendor list roster at any time when a vendor
completes the online application provided by MRSC, and meets minimum State requirements for
roster listing.
C) Telephone, Written, or Electronic Questions. The City shall use the following
process to obtain telephone or written quotations from vendors for the purpose of materials,
supplies, or equipment not connected to a public works project:
1) A written description shall be drafted of the specific materials, supplies, or
equipment to be purchased, including the number, quantity, quality, and type desired, the
proposed delivery date, and any other significant terms of purchase.;
2) The City Manager, or his designee, shall make a good faith effort to
contact at least three (3) of the vendors on the roster to obtain telephone or written
quotations from the vendors for the required materials, supplies, or equipment.
Ordinance Amending PMC 14.11 - 5
Page 84 of 95
3) The City Manager, or his designee, shall not share telephone or written
Quotations received from one vendor with other vendors soliciting for the bid to provide
the materials, supplies, or equipment.
4) A written record shall be made by the City Manager, or his designee, of
each vendor's bid on the material, supplies, or equipment, and of any conditions imposed
on the bid by such vendor.
D) Determining the Lowest Responsible Bidder. The City shall purchase the
materials, supplies, or equipment from the lowest responsible bidder, provided that whenever
there is reason to believe that the lowest acceptable bid is not the best price obtainable, all bids
may be rejected and the City may call for new bids.
E) Award. All of the bids or quotations shall be collected by the City Manager, _ or
his designee. The City Manager, or his designee, shall create a written record of all bids or
quotations received, which shall be made open to public inspection or telephone inquiry after the
award of the contract. Any contract awarded under this subsection need not be advertised.
1) The City Manager or his designee shall then present all bids or quotations
and their recommendation for award of the contract to the City Council. The City
Council shall consider all bids or quotations received, determine the lowest responsible
bidder, and award the contract; or
2) The City Council delegates the authority to award bids to the CitX
Manager for public works projects costing less than or equal to One Hundred Thousand
Dollars($100,000.00), the City Manager shall have the authority to award public works
contracts without City Council approval, provided that the City Council shall ratify the
City Manager'sapproval at the next scheduled City Council meeting by means of the
consent agenda. For public works projects costing more than One Hundred Thousand
Dollars ($100,000.00), the City Council shall award all public works contracts.
F) Posting. A list of all contracts awarded under these procedures shall be posted at
the City of Pasco's main administrative offices once every two months. The list shall contain the
name of the vendor awarded the contract, the amount of the contract, a brief description of the
items purchased, and the date it was awarded.
Section 3. That a new Section 14.11.030 of the Pasco Municipal Code entitled
"Consulting Services Roster" shall be and hereby is adopted and shall read as follows:
14.11.030 CONSULTING SERVICES ROSTER. The following consulting services
roster procedures are established for use by the City pursuant to RCW 39.80.030:
A) Consulting Services. Consulting services are professional services that have a
primarily intellectual output or product and include architectural and engineering services as
defined in RCW 39.80.020.
Ordinance Amending PMC 14.11 - 6
Page 85 of 95
B) Publication. At least once a year, MRSC shall, on behalf of the City of Pasco,
publish in a newspaper of general circulation within the municipality's jurisdiction a notice of
the existence of the consulting services roster and solicit the names of consultants for the
consulting service roster. MRSC shall add responsible consultants to the consulting services
roster at any time that a consultant completes the online application provided by MRSC, upload a
Statement of Qualifications, and meets minimum State requirements for roster listing_.
C) Review and Selection of the Statement of Qualifications Proposals. The City
shall use the following process to select the most qualified Architectural or Engineering firm off
of the Consulting Services Roster to provide the required services:
1) The criteria of PMC 2.56 shall be considered in evaluating Architectural
or Engineering firms for aig ven project. Such criteria shall also include a plan to insure
that minority and women -owned firms and veteran -owned firms are afforded the
maximum practicable opportunity to compete for and obtain public contracts for
architectural or en ing eering services. The level of participation by minority and women -
owned firms and veteran -owned firms shall be consistent with their general availability
within the jurisdiction of the City_
2) The City Manager, or his designee, shall evaluate the written statements
of qualifications and performance data on file with the City at the time that architectural
or engineering services are required.
3) Such evaluations shall be based on the criteria established by the City
Council.
4) The City Manager, or his designee, shall conduct discussions with one or
more firms regardinganticipated concerts and the relative utility of alternative methods
of approach for furnishingthe he required services.
5) The firm deemed most highly qualified by the agency to do the project
will be selected.
D) Award.
1) The City Council considers the proposal received and awards the
contract; or
2) If the City Council delegates the authority to award project to the City
Manager of the City of Pasco for consulting services costing less than or equal to One
Hundred Thousand Dollars ($100,000.00), the City Manager shall have the authority to
award contracts for consulting services without the City Council's approval, provided
that the City Council shall ratify the City Manager's approval at the next scheduled City
Council meeting by means of the consent agenda. For consulting services costing more
than One Hundred Thousand Dollars ($100,000.00), the Citv Council shall award all
contracts for consulting services.
Ordinance Amending PMC 14.11 - 7
Page 86 of 95
Section 4. 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 , 2016.
Matt Watkins, Mayor
ATTEST:
APPROVED AS TO FORM:
Debra L. Clark, City Clerk Leland B. Kerr, City Attorney
Ordinance Amending PMC 14.11 - 8
Page 87 of 95
AGENDA REPORT
FOR: City Council
TO: Dave Zabell, City Manager
Ahmad Qayoumi, Public Works Director
FROM: Dan Ford, City Engineer
Public Works
SUBJECT: Bid Award: Kahlotus Lift Station Force Main Pipe
I. REFERENCE(S):
Vicinity Map
Bid Tabulation
May 9, 2016
Regular Meeting: 5/16/16
IL ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to award the Kahlotus Lift Station Force Main Pipe project to C &
E Trenching, LLC in the amount of $230,273.30 and, further, authorize the City
Manager to execute the contract documents.
III. FISCAL IMPACT:
2015-2016 Utility Revenue Bond Proceeds - $230,274
IV. HISTORY AND FACTS BRIEF:
The Kahlotus Sewer Lift Station is located at the northeast corner of the Pasco-
Kahlotus Highway/Commercial Avenue intersection. Generally, sewage from the East
Service Area sewer basin (as delineated in the City's 2014 Comprehensive Sewer Plan)
is conveyed to the lift station via gravity sewer pipes. The lift station pumps discharge
to two existing force mains (one 4 -inch diameter main and one 8 -inch diameter main)
that transport the pressurized sewage southerly along Commercial Avenue and
westerly under US 395. The two existing force main pipes discharge to the gravity
sewer system located along E. Lewis Place.
The update of the Kahlotus Lift Station and the addition of a third wastewater force
main pipe were generally discussed in the City's 2014 Comprehensive Sewer Plan. The
Comprehensive Plan indicated several future system improvements would be needed
when the East Service Area basin became more populated. However, the recent influx
of several industrial businesses to this area has accelerated the need for these sewer
Page 88 of 95
system improvements and the force main will help to create additional capacity for the
conveyance from the lift station to accommodate flows from customers east of US 12.
The majority of the proposed Kahlotus Lift Station force main project will be built
west of and parallel to the two existing force mains. The project involves the
installation of approximately 40 linear feet of 14 -inch diameter wastewater force main,
3,200 linear feet of 12 -inch diameter wastewater force main, various sizes and types of
fittings and appurtenances, and an air release valve/vault assembly. Modification to the
existing Kahlotus Lift Station wet well and connection to the existing 14 -inch force
main pipe will be performed on the north end of the project. Connection to an existing
12 -inch force main pipe under US 395 will be performed on the south end of the
project.
The project was advertised April 17 and 24, 2016, in the Tri -City Herald. The bid
opening took place on May 6, 2016.
V. DISCUSSION:
On May 6, 2016, the City received three (3) bids for the project. The low bid was from
C & E Trenching, LLC in the amount of $230,273.30. The second lowest bid was
received from Big D's Construction in the amount of $293,507.28. The Engineer's
Estimate was $364,557.17.
This project is included in the City's 2016-2021 Capital Improvements Plan and was
budgeted for in 2016. The anticipated completion date is June 2016.
Staff has reviewed the bid submittal and found no exceptions or irregularities and,
therefore, recommends award of the contract to C & E Trenching, LLC.
Page 89 of 95
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BID SUMMARY
Kahlo#us Lift Station Force Main Pipe
CITY PROJECT NO. CP7-SE-1A-16-01
ENGINEERS
C & E Trenching, LLC
Pasco, WA
gig D's Construction
Pasco, WA
Allstar Construction
Group, Inc.ESTIMATE
Richland, WA
ITEM
Bid Security
5% BID BOND
5% BID BOND
5% BID BOND
NO.
ITEM
QTY
UNIT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE AMOUNT
1
Mobilization
1
LS
$15,000.00
$15,000.00
$11,375.11
$11,375.11
$26,000.00
$26,000.00
$12,247.00
$12,247.00
2
Project Temporary Traffic Control, min. bid $1,000.00
1
LS
$1,000.00
$1,000.00
$6,436.58
$6,436.58
$9,500.00
$9,500.00
$17,845.00
$17,845.00
3
Erosion/Water Pollution Control, min bid $500.00
1
LS
$500.00
$500.00
$3,676.76
$3,676.76
$1,986.00
$1,986.00
$23,768.00
$23,768.00
4
Removal of Structures and Obstruction
1
LS
$1,000.00
$1,000.00
$2,598.41
$2,598.41
$4,500-00
$4,500.00
$10,636.00
$10,636.00
5
Trimming and Cleanup
1
LS
$1,000.00
$1,000.00
$2,812.67
$2,812.67
$11,986.00
$11,986.00
$9,136.00
$9,136.00
6
Underground Utility Crossing Marked and Unmarked
10
EA
$100.00
$1,000.00
$389.76
$3,897.60
$130.00
$1,300.00
$762.00
$7,620.00
7
Trench Excavation Safety Systems
3129
LF
$2.00
$6,258.00
$0.11
$344.19
$0.16
$500.64
$2.45
$7,666.05
8
12 -in Diam. Wastewater Pipe (C900 PVC) Restrained
110
LF
$95-00
$10,450.00
$51.54
$5,669.40
$45.00
$4,950.00
$60.32
$6,635.20
9
12 -in Diam. Wastewater Pipe (C900 PVC) Unrestrained
2979
LF
$70.00
$208,530.00
$21.87
$65,150.73
$48.91
$145,702.89
$40.16
$119,636.64
10
14 -in Diam. Wastewater Pipe (C905 PVC) Restrained
40
LF
$125.00
$5,000.00
$123.83
$4,953.20
$52.00
$2,080.00
$71.38
$2,855.20
11
Wastewater Main Fitting 14"x12" Eccentric Reducer
1
EA
$1,000.00
$1,000.00
$2,866.64
$2,866.64
$700.00
$700.00
$2,549.00
$2,549.00
12
Wastewater Main Fitting 12"x6" Tee
1
EA
$750.00
$750.00
$1,103.16
$1,103.16
$800.00
$800.00
$1,718.00
$1,718.00
13
Wastewater Main Fitting in. 451 Ell
2
EA
$1,000.00
$2,000.00
$1,537.69
$3,075.38
$710.00
$1,420.00
$1,009.63
$2,019.26
14
Wastewater Main Fitting _in. 901 El
1
EA
$1,100.00
$1,100.00
$2,409.55
$2,409.55
$750.00
$750.00
$1,109.00
$1,109.00
15
Air Release Valve (ARV)
1
EA
$12,000.00
$12,000.00
$11,298.75
$11,298.75
$14,500.00
$14,500.00
$18,446-00
$18,446.00
16
Pump Station Discharge Manifold Improvements
1
LS
$65,000.00
$65,000.00
$57,369.82
$57,369.82
$35,703.00
$35,703.00
$43,065.00
$43,065.00
17
Connection to Existing Wastewater Main
1
LS
$600.00
$600.00
$9,216.48
$9,216.48
$2,986.00
$2,986.00
$19,945.00
$19,945.00
18
Casing Spacers and End Seals
20
LF
$75.00
$1,500.00
$560.92
$11,218.40
$65.00
$1,300.00
$345.18
$6,903.60
19
Crushed Surfacing Top Course (2")
40
SY
$10.00
$400.00
$42.77
$1,710.80
$6.00
$240.00
$18.05
$722.00
20
Crushed Surfacing Base Course (6")
40
SY
$15.00
$600.00
$43.34
$1,733.60
$14.00
$560.00
$18.05
$722.00
21
HMA Cl 112" PG 64-28 (2")
40
SY
$25.00
$1,000.00
$78.02
$3,120.80
$70.00
$2,800.00
$117.60
$4,704.00
Subtotal:
$335,688.00
$212,038.03
$270,264.53
$319,947.95
Sales Tax (8.6%):
$28,869.17
$18,235.27
$23,242.75
$27,515.52
TOTALS:
$364,557.17
$230,273.30
$293,507.28
$347,463.47
CITY ENGINEERS REPORT
COMPETITIVE BIDS WERE OPENED ON MAY 6TH, 2016.
ALL BIDS HAVE BEEN REVIEWED BY THIS OFFICE.
I RECOMMEND THE CONTRACT BE AWARDED TO: _
C and E Trenching, LLC OF AWARD MADE BY CITY MANAGER
!I
DATE CITY ENGINEER DATE CITY MANAGER
CITY O F PASCD
Kahlotus Lift Station Force Main P1 e
--
CITY PROJECT NO. CK -SE -11A-16-01
DATE: May 6, 2016
FILE: Kahlotus L5 FM Pipe Bid Tab.pub
SHEET 1 of
AGENDA REPORT
FOR: City Council
TO: Dave Zabell, City Manager
Ahmad Qayoumi, Public Works Director
FROM: Dan Ford, City Engineer
Public Works
SUBJECT: Bid Award: Park Street Revitalization
I. REFERENCE(S):
Vicinity Map
Bid Tabulation
May 6, 2016
Regular Meeting: 5/16/16
IL ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to award Phase I of the Park Street Revitalization project to Big D's
Construction of Tri -Cities, Inc. in the amount of $58,789.52 and, further, authorize the
City Manager to execute the contract documents.
III. FISCAL IMPACT:
Community Development Block Grant (CDBG) - $58,790
IV. HISTORY AND FACTS BRIEF:
The City Council adopted the Sylvester's Addition Neighborhood Revitalization Plan
in September of 2014. The plan addressed in part, needed repairs/improvements to
pedestrian facilities and removal and replacement diseased and dying street trees. This
proposal represents Phase 1 of the Park Street Revitalization project.
The project was previously bid in August of 2015, with a scope of work which
included clearing and grubbing all trees and vegetation, replacing sidewalks, curbs,
gutters, adding an irrigation system, sod establishment, and other associated work. This
project went through the public process and stakeholder meeting. The bids received
were much higher than estimated and far exceeded available funding, the City Council
subsequently rejected the bids due to fiscal constraints.
Staff reevaluated the project and reduced the scope to replace only the broken sidewalk
Page 92 of 95
and not all sidewalk within the project limits and elimination of the proposed irrigation
system. The residents in that area will continue to irrigate and maintain the planting
strips abutting their properties as they have been historically.
The project was advertised again on April 17 and 24, 2016, with the bid opening held
on May 3, 2016. This Phase 1 of the the Sylvester's Addition Neighborhood
Revitalization Plan includes 45 working days and will be completed in 2016.
V. DISCUSSION:
On May 3, 2016, the City received three (3) bids for the project. The lowest responsive
bid was received from Big D's Construction of Tri -Cities, Inc. in the amount of
$58,789.52. The second lowest bid was received from Moreno & Nelson Construction
Corporation in the amount of $82,693.26. The Engineer's estimate is $65,612.32.
This project is included in the City's 2016-2021 Capital Improvements Plan and was
budgeted for in 2016.
Staff reviewed the bid submittal and found no exceptions or irregularities. Therefore,
staff recommends award of the contract to Big D's Construction of Tri -Cities, Inc.
Page 93 of 95
v
(D
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CP
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BID SUMMARY
Park Street Revitalization
CITY PROJECT NO. CP5-ST-9A-15-01
ENGINEERS
ESTIMATE
Big D's Construction of
Tri -Cities, Inc.
Pasco, WA
Moreno & Nelson
Construction Corp.
Walla Walla, WA
Allstar Construction
Group, Inc.
Richland, WA
ITEM
Bid Security
5% BID BOND
5% BID BOND
5% BID BOND
NO.
ITEM
QTY
UNIT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE AMOUNT
UNIT PRICE AMOUNT
1
Mobilization
1
LS
$10,000.00
$10,000.00
$12,500.00
$12,500.00
$8,000.00
$8,000.00
$4,272.00 $4,272.00
2
Project Temporary Traffic Control
1
LS
$4,000.00
$4,000.00
$5,000.00
$5,000.00
$6,000.00
$6,000.00
$4,612.00 $4,612.00
3
Erosion/Water Pollution Control
1
LS
$2,000.00
$2,000.00
$3,500.00
$3,500.00
$1,000.00
$1,000.00
$979.00 $979.00
4
Clearing and Grubbing
0.26
ACRE
$80,000.00
$20,800.00
$2,000.00
$520.00
$140,000.00
$36,400.00
$186,247.24 $48,424.28
5
Removing Cement Cone. Sidewalk
97
SY
$12.00
$1,164.00
$4.00
$388.00
$10.00
$970.00
$78.00 $7,566.00
6
Cement Cone. Sidewalk
97
SY
$40.00
$3,880.00
$50.00
$4,850.00
$70.00
$6,790.00
$74.30 $7,207.10
7
Cement Conc. Traffic Curb & Gutter
10
LF
$40.00
$400.00
$66.00
$660.00
$90.00
$900.00
$51.00 $510.00
8
Type -1 J -Box
2
EACH
$500.00
$1,000.00
$450.00
$900.00
$1,500.00
$3,000.00
$563.00 $1,126.00
9
Conduit Pipe 2 In. Diam.
225
LF
$12.00
$2,700.00
$7.00
$1,575.00
$15.00
$3,375.00
$9.37 $2,108.25
10
Sod Installation
1263
SY
$7.50
$9,472.50
$7.00
$8,841.00
$4.60
$5,809.80
$9.10 $11,493.30
11
Repair and Restoration
1
LS
$5,000.00
$5,000.00
$15,400.00
$15,400.00
$3,900.00
$3,900.00
$3,863.00 $3,863.00
Subtotal:
$60,416.50
$54,134.00
$76,144.80
$92,160.93
Sales Tax (8.6%):
$5,195.82
$4,655.52
$6,548.46
$7,925.84
TOTALS:
$65,612.32
$58,789.52
$82,693.26
$100,086.78
CITY ENGINEERS REPORT
COMPETITIVE BIDS WERE OPENED ON MAY 3RD, 2016.
ALL BIDS HAVE BEEN REVIEWED BY THIS OFFICE.
I RECOMMEND THE CONTRACT BE AWARDED T0:
Big D's Construction of Tri -Cities, Inc. ' PASC, AWARD MADE BY CITY MANAGER
G
DATE CITY ENGINEER DATE CITY MANAGER
IT F
4. Y i c .= t R ea. v [ , I i , 1 u, r
CITY PROJECT NO. CP5-ST-9A-15-01
DATE: May 3, 2016
FILE: Park St Revitalization Bid Tab.pub
SHEET 1 of 1