HomeMy WebLinkAbout2016.07.05 Council Meeting PacketAGENDA
PASCO CITY COUNCIL
Regular Meeting 7:00 p.m. July 5, 2016
Page
The Council meeting will take place on Tuesday, July 5
as City Hall will be closed Monday, July 4 in honor of Independence Day.
1. CALL TO ORDER:
2. ROLL CALL:
(a) Pledge of Allegiance
3. CONSENT AGENDA: All items listed under the Consent Agenda are considered
to be routine by the City Council and will be enacted by roll call vote as one motion
(in the form listed below). There will be no separate discussion of these items. If
further discussion is desired by Council members or the public, the item may be
removed from the Consent Agenda to the Regular Agenda and considered
separately.
6-10 (a) Approval of Minutes
To approve the Minutes of the Pasco City Council Meeting dated June 20,
2016.
11 - 12 (b) Bills and Communications
To approve claims in the total amount of $5,107,070.02 ($1,806,979.79 in
Check Nos. 210482-210722; $643,469.05 in Electronic Transfer Nos.
810546, 810656-810745, 810750, 810759-810821, 810837-811236;
$63,287.29 in Check Nos. 49344-49413; $593,460.35 in Electronic Transfer
Nos. 30095771-30096255; $1,999,873.54 in Electronic Transfer No. 268.
13 - 15 (c) First Night Tri -Cities Amendment to Agreement
To approve the First Amendment to the 2008 Agreement with First Night
Tri -Cities and, further, authorize the City Manager to execute the document
16-23 (d) Summer School Services Interagency Agreement
To approve the Interagency Agreement with the Pasco School District
providing School Resource Officers for the 2016 Summer School session
and authorize the City Manager to execute the agreement.
24-29 (e) Municipal Prosecutor - Agreement Renewal
Page 1 of 109
Regular Meeting
July 5, 2016
To approve the Agreement for Prosecutorial Services with Bell, Brown and
Rio (2016-2020) and, further, to authorize the City Manager to execute the
document.
30-33 (f) Replace Grit Classifiers - Increase Spending Authority
To approve the increased CIP spending authority for the Replace Grit
Classifiers Project and allocate the funds in the 2013/2015 bond for water
and sewer.
34-38 (g) i Final Plat: Linda Loviisa Division 2, Phase 6 (MF# FP 2016-007)
To approve the Final Plat for Linda Loviisa, Division 2, Phase 6.
39-43 (h) i Final Plat: Broadmoor Terrace, Phase 2 (MF# FP2016-009)
To approve the final plat for Broadmoor Terrace, Phase 2.
44-45 (i) I Accept Work - Kurtzman Park Playground
To approve Resolution No. 3717, accepting the work performed by
Gametime, for the Kurtzman Park Playground equipment and installation in
the total amount of $142,326.44 including sales tax.
(RC) MOTION: I move to approve the Consent Agenda as read.
4. PROCLAMATIONS AND ACKNOWLEDGEMENTS:
46-51 (a) Yard and Business of the Month Awards
Mayor Watkins to present Certificates of Appreciation for June 2016 "Yard
of the Month" and 'Business Appearance of the Month" to:
Ramiro & Aracile Soto, 416 N. Beech Ave.
Benito & Rebeca Diaz, 2600 W. Brown St.
Judy Donaldson, 4008 Desert Plateau Dr.
John & Susan Calhoun, 8104 Snoqualmie Dr.
Bush Car Wash, 3810 W. Court St.
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
Page 2 of 109
52-56
57-64
65-81
:• IM,
Regular Meeting
July 5, 2016
information for consideration by the Council outside of formal meetings.
6. REPORTS FROM COMMITTEES AND/OR OFFICERS:
(a) Verbal Reports from Councilmembers
7. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND
RESOLUTIONS RELATING THERETO:
(a) ■ Street Vacation: A portion of Duluth St. (MF# VAC 2016-008)
CONDUCT PUBLIC HEARING
MOTION: I move to approve Ordinance No. 4303, an ordinance vacating a
portion of Duluth Street and, further, authorize publication by summary
only.
8. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS:
(a) Nuisances Related to Marijuana
MOTION: I move to adopt Ordinance No. 4304, an Ordinance of the City
of Pasco, Washington, Amending Section 9.60.030 "Specific Nuisances";
Amending Section 9.60.080 "Penalty for Violation"; Amending Section
9.60.090 "Abatement of Nuisances"; and Amending Section 9.60.120 "Each
Day as Separate Offense", and, further, authorize publication by summary
only.
(b) PMC 16.50 "Unsafe and Unfit Buildings"
MOTION: I move to adopt Ordinance No. 4305, an Ordinance of the City
of Pasco, Washington Adopting PMC Chapter 16.50 "Unsafe and Unfit
Buildings, Structures, and Premises", and, further, authorize publication by
summary only.
(c) Proposed Charter/By Laws Amendment for Board Composition of
Downtown Pasco Development Authority
MOTION: I move to adopt Ordinance No. 4306, amending the Charter,
regarding Board Composition, for the Downtown Pasco Development
Authority and, further, to authorize publication by summary only.
(d) ® Special Permit: Location of a Car Lot in a C-1 Zone (Robledo) (MF#
SP 2016-006)
MOTION: I move to approve Resolution No. 3718, approving a special
permit for a car sales lot located at 609 W. Lewis Street.
Page 3 of 109
Regular Meeting July 5, 2016
9. UNFINISHED BUSINESS:
10. NEW BUSINESS:
105-109 (a) Midland Lane Extension (South of Sandifur Parkway) - Add to Capital
Improvement Plan and Spending Authority Increase
MOTION: I move to approve the addition of the Midland Lane Extension
project to the 2016 Capital Improvement Plan and to increase CIP spending
authority and allocate the funds for the construction of the project as
proposed.
11. MISCELLANEOUS DISCUSSION:
12. EXECUTIVE SESSION:
(RC) Roll Call Vote Required
* Item not previously discussed
Q Quasi -Judicial Matter
MF# "Master File #...."
REMINDERS:
10:00 a.m., Monday, July 4 — Pasco's Grand Old 4th of July Parade; check in at
registration table near 4th & Marie by 9:00 a.m. (COUNCILMEMBERS BOB
HOFFMANN, TOM LARSEN and AL YENNEY)
9:30 p.m., Monday, July 4, Dust Devils Stadium — Pasco 4th of July Fireworks
Celebration Welcome Address. (MAYOR PRO -TEM REBECCA FRANCIK)
12:00 p.m., Wednesday, July 6, 2601 N. Capitol Avenue — Franklin County Mosquito
Control District Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; AL
YENNEY, Alt.)
5:30 p.m., Thursday, July 7, P&R Classroom — Parks & Recreation Advisory Board
Meeting. (COUNCILMEMBER SAUL MARTINEZ, Rep.; MIKE GARRISON, Alt.)
Page 4 of 109
Regular Meeting
July 5, 2016
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 109
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 06.20.16
June 27, 2016
Regular Meeting: 7/5/16
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve the Minutes of the Pasco City Council Meeting dated June 20, 2016.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
Page 6 of 109
MINUTES
REGULAR MEETING PASCO CITY COUNCIL JUNE 20, 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 Hoffmann,
Tom Larsen, Saul Martinez, Matt Watkins and Al Yenney.
Staff present: Dave Zabell, City Manager; Stan Strebel, Deputy City Manager;
Leland Kerr, City Attorney; Richard Terway, Administrative & Community
Services Director; Rick White, Community & Economic Development
Director; Ahmad Qayoumi, Public Works Director; Bob Metzger, Police Chief
and Bob Gear, 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 June 6, 2016
and the Minutes of the Pasco City Council Special Meeting dated June 11,
2016.
Bills and Communications
To approve claims in the total amount of $4,193,488.77 ($1,751,562.24 in
Check Nos. 210222-210481; $503,356.55 in Electronic Transfer Nos. 810836,
810839-810841, 810972, 810973-810977; $44,386.16 in Check Nos. 49295-
49343; $592,956.11 in Electronic Transfer Nos. 30095291-30095770;
$1,301,227.71 in Electronic Transfer Nos. 252-262, 264-267).
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
$217,120.37 and, of that amount, authorize $136,952.35 be turned over for
collection.
Lease of Real Property - Port of Pasco
To approve the Reserve Center Lease with the Port, and further, authorize the
City Manager to execute the agreement.
Removed from Consent Agenda and moved to Item 10(b) - New Business.
Columbia Raw Water Supply — Professional Services Agreement
Amendment No. 3 - Murray, Smith and Associates
To approve Amendment Number 3 to the Professional Services Agreement for
Design Revisions and Limited Construction Management and Inspection
Services for the Columbia Raw Water Supply project with Murray Smith and
Associates, Inc., and further, authorize the City Manager to execute the
agreement.
Final Plat: Majestia Place (MF# FP 2016-005)
To approve the Final Plat for Majestia Place.
Page 1 of 4 Page 7 of 109
MINUTES
REGULAR MEETING PASCO CITY COUNCIL JUNE 20, 2016
Naming of New Parks
To approve Resolution No. 3714, approving the names of "Mariposa Park" for
the new City Park located adjacent to Barbara McClintock Elementary School
and "Tierra Vida Park" for the new City Park located at the Tierra Vida
development.
MOTION: Ms. Francik moved to approve the Consent Agenda as amended.
Mr. Garrison seconded. Motion carried by unanimous Roll Call vote.
PROCLAMATIONS AND ACKNOWLEDGEMENTS:
Mayor Watkins recognized Carson Bergstrom, Pasco High School Student,
recipient of the AWC Center for Quality Communities Scholarship.
REPORTS FROM COMMITTEES AND/OR OFFICERS:
Mayor Watkins and Ms. Francik participated in the Juneteenth Parade.
Mr. Yenney commented on the history of the Juneteenth Festival.
Mr. Hoffmann commented on the General Fund Operating Statement through
May 2016.
HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS
RELATING THERETO:
Street & Easement Vacation: Street Right -of -Way and Street Easement
between Rd 92 and Rd 96 (MF# VAC 2016-007)
Council and staff discussed the details of the proposed vacation.
Mayor Watkins declared the Public Hearing open to consider the proposed
vacation.
James Kilgore, 2608 Road 96, explained the purpose of the vacation
request.
Tom Woodrich, 9417 Franklin Road, explained the possible impact on
his property.
MOTION: Ms. Francik moved to continue the public hearing to July 18 to
allow property owners time to resolve a private irrigation issue. Mr. Yenney
seconded. Motion carried unanimously.
Six-year Transportation Improvement Plan 2017-2022
Mr. Qayoumi and Mr. Zabell explained the details of the proposed Six-year
TIP.
Mayor Watkins declared the Public Hearing open to consider the proposed Six-
year TIP.
Following three calls for comments, and there being none, Mayor Watkins
declared the Public Hearing closed.
MOTION: Ms. Francik moved to approve Resolution No. 3715 adopting the
revised and extended Comprehensive Street, Storm Drain and Bridge Programs
for the City of Pasco. Mr. Garrison seconded. Motion carried unanimously.
Page 2 of 4 Page 8 of 109
MINUTES
REGULAR MEETING PASCO CITY COUNCIL JUNE 20, 2016
ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS:
PMC Title 15 (Telecommunications) Amendment
MOTION: Ms. Francik moved to adopt Ordinance No. 4298, amending
Sections 15.10.020 "Definitions", and Section 15.80.020 "Application and
Review Fee"; Creating Section 15.40.030 "Cable Franchise", and Creating
Chapter 15.95 "Cable Systems and Open Video Systems" regulating the
occupancy and use of Public Rights -of -Way by Cable systems and open video
systems, providing for establishment of customer service standards;
establishing franchise and licensing requirements for operators of such systems
and prescribing minimum charges, terms, and conditions for and upon the
construction, maintenance, and repair of such systems and, further authorize
publication by summary only. Mr. Yenney seconded. Motion carried
unanimously.
Charter Cable Franchise Renewal
MOTION: Ms. Francik moved to adopt Ordinance No. 4299, granting a Cable
Communications System Franchise to Falcon Video Communications, L.P.,
locally known as Charter Communications. Mr. Yenney seconded. Motion
carried unanimously.
Ordinance Requiring Sewer Lift Station for Genesis Business Park
Development
Mr. Qayoumi explained the details of the proposed ordinance.
MOTION: Ms. Francik moved to adopt Ordinance No. 4300 requiring the
construction of a sewer system lift station as a prerequisite for the further
development of the Genesis Business Park and, further, authorize publication
by summary only. Mr. Martinez seconded. Motion carried unanimously.
Client -Present Home Occupations (MF# CA 2015-007)
MOTION: Ms. Francik moved to adopt Ordinance No. 4301, an Ordinance of
the City of Pasco, Washington amending PMC Chapter 25.66 entitled "Home
Occupations", and, further, authorize publication by summary only. Mr.
Martinez seconded. Motion carried unanimously.
Powerline Road Rename (MF# ORD 2015-002)
MOTION: Ms. Francik moved to adopt Ordinance No. 4302, an Ordinance
renaming Power Line Road to Burns Road, and, further, authorize publication
by summary only. Mr. Yenney seconded. Motion carried 6-1. No - Larsen.
Annexation: Barker Annexation (MF# ANX 2016-002)
Council and staff discussed the details of the proposed resolution.
MOTION: Ms. Francik moved to approve Resolution No. 3716, accepting a
Notice of Intent to commence annexation proceedings for the Barker
Annexation Area and providing a determination on the boundary to be annexed
and whether simultaneous zoning and the assumption of bonded indebtedness
will be required. Mr. Martinez seconded. Motion carried unanimously.
Page 3 of 4 Page 9 of 109
MINUTES
REGULAR MEETING PASCO CITY COUNCIL JUNE 20, 2016
NEW BUSINESS:
Sale of Surplus Property for Columbia Basin College Student Housing
Council and staff discussed the details of the proposed agreement.
MOTION: Ms. Francik moved to approve the Purchase and Sale Agreement
with CBC Student Housing LLC for approximately 4.75 acres on Argent Road,
east of 20th Avenue and, further, to authorize the City Manager to execute the
Agreement. Mr. Garrison seconded. Motion carried unanimously.
Lease of Real Property - Port of Pasco
Council and staff discussed the details of the proposed lease agreement.
MOTION: Ms. Francik moved to approve the Reserve Center Lease agreement
with the Port of Pasco and, further, authorize the City Manager to execute the
agreement. Mr. Yenney seconded.
MOTION: Mr. Yenney moved to amend the motion to include a satisfactory
building inspection prior to execution of the agreement. Mr. Larsen seconded.
Motion carried unanimously.
Amended motion carried unanimously.
Performance of a City Official
Council and Mr. Zabell discussed the evaluation process facilitated by Kenbrio
Inc.
MOTION: Mr. Martinez moved to accept the final report by Kenbrio Inc. for
the City Manager's evaluation submitted on 6/12/16, and in recognition of the
City Manager's performance since August 2014, to increase his salary by 2%
effective July 1, 2016. Mr. Garrison seconded. Motion carried unanimously.
ADJOURNMENT:
There being no further business, the meeting was adjourned at 8:04 p.m.
APPROVED:
ATTEST:
Matt Watkins, Mayor Debra Clark, City Clerk
PASSED and APPROVED this 5th day of July, 2016
Page 4 of 4 Page 10 of 109
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 07.05.16
June 30, 2016
Regular Meeting: 7/5/16
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve claims in the total amount of $5,107,070.02 ($1,806,979.79 in Check Nos.
210482-210722; $643,469.05 in Electronic Transfer Nos. 810546, 810656-810745,
810750, 810759-810821, 810837-811236; $63,287.29 in Check Nos. 49344-49413;
$593,460.35 in Electronic Transfer Nos. 30095771-30096255; $1,999,873.54 in
Electronic Transfer No. 268.
III. FISCAL IMPACT:
V. DISCUSSION:
Page 11 of 109
CITY OF PASCO
Council Meeting of: July 5, 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
5th day of July, 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 210482-210722 49344-49413
Total Check Amount $1,806,979.79 $63,287.29 Total Checks $
1,870,267.08
Electronic Transfer Numbers 810546 30095771-30096255 268 N/A
810656-810745
810750
810759-810821
810837-811236
Total EFT Amount $643,469.05 $593,460.35 $1,999,873.54 $0.00 Total EFTS $
3,236,802.94
Grand Total $
5,107,070.02
Councilmember Councilmember
SUMMARY OF CLAIMS BY FUND:
GENERAL FUND
443,890.49
STREET
61,380.01
ARTERIAL STREET
0.00
STREET OVERLAY
0.00
C.D. BLOCK GRANT
14,898.67
HOME CONSORTIUM GRANT
0.00
NSP GRANT
0.00
MARTIN LUTHER KING COMMUNITY CENTER
1,377.62
AMBULANCE SERVICE
40,185.02
CEMETERY
2,810.33
ATHLETIC PROGRAMS
3,481.05
GOLF COURSE
72,838.38
SENIOR CENTER OPERATING
1,896.19
MULTI -MODAL FACILITY
1,262.95
SCHOOL IMPACT FEES
0.00
RIVERSHORE TRAIL & MARINA MAIN
366.05
SPECIAL ASSESSMENT LODGING
0.00
LITTER ABATEMENT
0.00
REVOLVING ABATEMENT
825.50
TRAC DEVELOPMENT & OPERATING
20,836.50
PARKS
0.00
ECONOMIC DEVELOPMENT
46,945.39
STADIUM/CONVENTION CENTER
10,574.39
LID
0.00
GENERAL CAP PROJECT CONSTRUCTION
381,927.16
UTILITY, WATER/SEWER
891,822.87
EQUIPMENT RENTAL - OPERATING GOVERNMENTAL
4,116.29
EQUIPMENT RENTAL - OPERATING BUSINESS
1,534.99
EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL
2,024,267.54
EQUIPMENT RENTAL - REPLACEMENT BUSINESS
0.00
MEDICAL/DENTAL INSURANCE
145,692.01
FLEX
2,376.36
PAYROLL CLEARING
931,764.26
GRAND TOTAL ALL FUNDS: $
5,107,070.02
Page 12 of 109
AGENDA REPORT
FOR: City Council
TO: Dave Zabell, City Manager
FROM: Stan Strebel, Deputy City Manager
SUBJECT: First Night Tri -Cities Amendment to Agreement
I. REFERENCE(S):
Proposed Amendment to Agreement
June 28, 2016
Regular Meeting: 7/5/16
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve the First Amendment to the 2008 Agreement with First
Night Tri -Cities and, further, authorize the City Manager to execute the document
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
First Night Tri -Cities is a non-profit entity dedicated to the annual production of a non-
alcoholic New Years Eve event suitable for family attendance in the Tri -Cities. It has
operated for more than 18 years, but requires a financial commitment from the cities to
assure the event continues from year to year.
In 2006, the three cities agreed to equally share the historical public commitment at
$3,500/ea per year for a period of three years (through 2008). That agreement provided
the event be located in the downtown of one of the cities each year.
The 2007 event was conducted at CBC (rather than downtown Pasco). The CBC venue
proved so beneficial (off-street parking and ease of access, etc.) that it was determined
that the event would continue at CBC for the foreseeable future.
A new agreement was approved in 2008, between First Night Tri -Cities and the three
cities. This agreement provides for an annual commitment of "at least $3,500" from
each of the three cities, and that the event be held at CBC or in the downtown of one of
the cities, at the discretion of First Night Tri -Cities.
Page 13 of 109
It is now proposed to amend the 2008 agreement to designate the Southridge Sports
and Events Center or some other similar site, approved by the cities and First Night
Tri -Cities. The amendment also provides for payment of the $3,500 commitment, by
each of the cities, to be paid prior to July 31 of each year (due date changed from 7/15).
V. DISCUSSION:
First Night Tri -Cities is a valuable community event serving many residents.
This was discussed at the June 27 Council Workshop meeting.
Staff recommends approval of the proposed amendment.
Page 14 of 109
FIRST AMENDMENT
TO
2008 FIRST NIGHT TRI -CITIES AGREEMENT
This First Amendment to the 2008 First Night Tri -Cities Agreement ("Amendment") is
made and entered into on this day of July, 2016 by and between the Cities of Richland,
Pasco, and Kennewick, all municipal corporations of the State of Washington, hereinafter referred
to as the "Cities," and First Night Tri -Cities, a Washington nonprofit corporation. The three Cities
and First Night Tri -Cities shall be collectively referred to herein as the "Parties."
For valuable consideration, the receipt of which is hereby acknowledged, the Parties
hereby agree to modify the existing Agreement as descried below.
Sections 1 and 2 of the Agreement shall be replaced with the following:
1. Section 1: First Night Tri -Cities will be responsible to provide a safe family-oriented, non-
alcoholic event on December 31st each year. Said event shall be located in Kennewick at
Southridge Sports and Events Center, or similar site as approved by all Parties, and shall be
made available to the public at large.
2. Section 2: In partial sponsorship of the annual event, the cities of Kennewick, Pasco and
Richland shall each pay to First -Night Tri -Cities no less than $3,500 on or before July 31 st of
each event year.
All other terms and conditions of the First Night Tri -Cities Agreement executed on
September 11, 2008 remain unchanged and in full force and effect.
IN WITNESS WHEREOF, the Parties have executed this Agreement by its duly
executed representatives as of the date first written above.
CITY OF PASCO
Dave Zabell
Pasco City Manager
CITY OF KENNEWICK
Marie E. Mosley
Kennewick City Manager
CITY OF RICHLAND
Cynthia D. Reents, ICMA-CM
Richland City Manager
FIRST NIGHT TRI -CITIES
Parker Hodge
Executive Director
First Amendment to Event Agreement First Night Tri -Cities (2016) Page 1
Page 15 of 109
AGENDA REPORT
FOR: City Council
TO: Dave Zabell, City Manager
FROM: Bob Metzger, Police Chief
Police Department
SUBJECT: Summer School Services Interagency Agreement
I. REFERENCE(S):
Proposed Interagency Agreement
June 29, 2016
Regular Meeting: 7/5/16
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve the Interagency Agreement with the Pasco School
District providing School Resource Officers for the 2016 Summer School session and
authorize the City Manager to execute the agreement.
III. FISCAL IMPACT:
Pasco School District Funds - $12,080.00
IV. HISTORY AND FACTS BRIEF:
School Resource Officers (SRO) are full-time uniformed police officers primarily
dedicated to providing law enforcement resource services to assigned schools and
surrounding neighborhoods. The School District has requested an extension of SRO
services for the 2016 summer school programs at Chiawana and Pasco High School.
SRO services are not provided during summer months without a special request from
the School District and a separate contract. As a proactive measure, the School District
has requested SRO services for up to eight hours each day of summer school. There are
14 summer school days from June 27 to July 15. Each SRO is assigned to work
normal patrol duties when school is not in session.
V. DISCUSSION:
If approved, the proposed Interagency Agreement would become effective June 27
through July 15, 2016 and provide for two SRO for the 2016 Summer School. The
Page 16 of 109
School District will reimburse the City for the salary and fringe benefit costs for two
officers during the 14 days of summer school. The City Council's approval of the
Agreement is all that is required for the Police Department to proceed.
This item was discussed at the June 27, 2016 workshop meeting.
Page 17 of 109
INTERAGENCY AGREEMENT
Between
Pasco School District No. 1
And
City of Pasco, Washington
This agreement, pursuant to Chapter 39.34 RCW is made and entered into by and between the
Pasco School District No. 1, hereafter referred to as the "District" and the City of Pasco, a
municipal corporation of the State of Washington, hereafter referred to as the "City."
No special budget or funds are anticipated, nor shall be created. It is not intended that a separate
legal entity be established to conduct this cooperative undertaking, nor is the acquiring, holding,
or disposing of real or personal property other than as specifically provided within the terms of
this Agreement, anticipated. The Chief of Police of the City of Pasco, Washington, shall be
designated as the Administrator of this Interlocal Agreement.
This Agreement shall be filed with the Franklin County Auditor, or alternatively listed by subject
on either parties' website or other electronically retrievable public source.
It is the purpose of this agreement to:
1. Enhance the safety and security of students, teachers, staff, and visitors and provide
patrol of the various campuses of the District located within the City of Pasco,
Washington.
2. Provide for the presence of armed and uniformed City Police Officers both inside and
outside the school buildings on selected campuses of the District during certain school
hours in support of such safety and security and the maintenance of a secure and peaceful
learning atmosphere.
3. Provide for prevention, intervention, and prompt effective enforcement by the City's
Police Department in situations involving, but not limited to:
a. Maintenance of order
b. Use, possession, or sale of illegal drugs and alcohol on school premises
C. Crimes against persons
d. Crimes against property
e. Any other situations or activities which require the intervention of law
enforcement officers; and
4. Provide for participation by police officers in the educational activities and role modeling
to foster and enhance knowledge of and respect for law enforcement and law
enforcement officers by students and the community.
5. Provide positive and supportive interface between law enforcement representatives and
the District's substance abuse and harassment prevention efforts including, but not
limited to Natural Helpers, Student Assistance Teams, Anti -Harassment and Bullying
Project and other intervention and prevention efforts by the District.
Interagency Agreement between Pasco School District No. 1 and the City of Pasco.
Page 1 of 6
Page 18 of 109
It is therefore mutually agreed that:
1. Statement of Work. The City shall furnish the necessary personnel and services and
otherwise do all things necessary for and incidental to the performance of the work stated herein.
The City shall:
a. Assign two full-time uniformed police officers for eight consecutive hours each
day from 07:30 AM to 3:30 PM to provide School Resource Officer (SRO)
services at specific schools June 27 — July 15, 2016 (except July 4, 2016) in
accordance with the following schedule.
iv. Chiawana High School: June 27 — July 15, 2016 Monday — Friday
v. Pasco High School: June 27 — July 15, 2016 Monday — Friday
One SRO will be assigned to Chiawana High School beginning June 27. The
second SRO will be assigned to Pasco High School beginning June 27. Both
officers are responsible for responding to incidents at the other schools as needed
during the overlap period. Each SRO shall make certain that the Administration at
their assigned school is notified when they are required to respond to another
school. Generally, the quickest way to get an SRO to respond to an alternate
school will be to call the Franklin County Emergency Dispatch Center and request
an SRO be sent to the incident at a specific school. Except in incidents where a
particular SRO may have prior knowledge or involvement in a specific case or
other extenuating factors, the on -duty police supervisor will designate which SRO
responds.
Office space shall be provided as available at each school for the use of the
School Resource Officer. Such office shall be equipped with one office desk and
chair, and one locking cabinet. The City shall provide a lockable cabinet capable
of securing police department equipment when not in use by the officer.
b. Cooperate with the District to provide training and education to each assigned
officer to insure effective communication and interrelation with the school
community and its students;
C. Cooperate with the District to monitor and evaluate the effectiveness of the
assigned officers and the program;
d. Meet as needed during the academic year with the District's representative (as
designated by the District) to evaluate the effectiveness of the program;
e. Cooperate with the District's representative to investigate and report on any
complaints regarding the conduct of an assigned officer, share fully, as permitted
by law, with the District's representative all results of such investigations for the
purpose of responding to each complaint and cooperate to resolve each complaint.
Provided, that it shall be the responsibility of the District to respond to any
complaint the District received from a student, parent or patron of the District and
communicate the results of any investigation to such person or persons.
Interagency Agreement between Pasco School District No. 1 and the City of Pasco.
Page 2 of 6
Page 19 of 109
2. Terms and Conditions. All rights and obligations of the parties to this agreement shall be
subject to and governed by the terms and conditions contained in the text of this agreement.
3. Period of Performance. Subject to its other provisions, the period of performance of this
agreement shall commence on June 27, 2016 and be completed on July 15, 2016 with July 4
scheduled off, unless terminated sooner as provided herein.
The principal shall be responsible for notifying the Chief of the City's Police Department of the
school calendar, schedule of events and activities, and any changes in the same. The principal
shall determine the specific hours when an officer shall be present within the limits set forth in
Section La. of the Agreement.
4. Payment. The District shall reimburse the City for its expenses in employing two officers for
224 hours as follows:
a. For June 27, 2016 through July 15, 2016, an estimated total of twelve thousand and
eighty dollars ($12,080).
b. Actual amount will be determined by the parties based upon any negotiated wage
increase between the City and the police officer's collective bargaining unit. The
current wage rate with benefits is $53.93 per hour.
5. Billing Procedure. The City shall submit a monthly invoice or billing statement to the
District. Payment shall be made to the City according to the regular procedures of the District.
6. Funding. If for any reason the District exhausts its budgeted funds for payment to the City
for its services described herein or funds from any expected funding source become unavailable,
the District shall notify the City and the obligations of the City shall immediately cease and this
agreement terminate, unless the district otherwise assumes the obligations for the payment of
services rendered by the Police Department.
7. Non-discrimination. In the performance of this agreement, the District and the City shall
comply with the provisions of Title VI of the Civil Rights Act of 1964 (42 USC 200d), Section
504 of the Rehabilitation Act of 1973 (29 USC 7904) and Chapter 49.60 RCW, as now and
hereafter amended. Both shall not, except as they may be specifically allowed by laws to do so,
discriminate on the grounds of race, color, national origin, sex, religion, marital status, age,
creed, Vietnam -Era and Disabled Veterans status, or the presence of any sensor, mental, or
physical handicap.
In the event of non-compliance by either party or refusal to comply with the above provisions
this agreement may be rescinded, canceled, or terminated in whole or in part. The non-
complying party shall, however, be given a reasonable time in which to cure this non-
compliance. Any dispute may be resolved in accordance with the "Disputes" procedure set forth
herein.
8. Records Maintenance. The City shall maintain books, records, documents and other
evidence that sufficiently and effectively reflect all direct and indirect cost expended in the
Interagency Agreement between Pasco School District No. 1 and the City of Pasco.
Page 3 of 6
Page 20 of 109
performance of the services described herein. These records shall be subject to inspection,
review or audit by the personnel of both parties, other personnel authorized by either parry, the
Office of the State Auditor and federal officers, if any, so authorized by law. The City and
District shall retain all books, records, documents, and other materials relevant to this agreement
for five (5) years after expiration. The office of the State Auditor, federal auditors, and any
persons authorized by the parties shall have full access and the right to examine any of these
materials during this five-year period.
9. Responsibilities and Authority of School Administrator. The principal or other
administrator designated by the District is responsible for the supervision and daily operations of
the school shall, subject to the lawful exercise of the officer's law enforcement responsibilities,
schedule, assign and direct the officer's duties under this agreement.
The principal is responsible for the investigation of non -criminal incidents that occur at or are
related to the school. If the principal finds that he or she or any individual is in physical danger,
the principal may request the law enforcement officer to assist him or her.
In the case of a search of student property for the violation of District rules or other
administrative reasons, the school principal or designated administrator or District employee will
conduct the search. Once the principal has reason to believe that a crime has been or may be
committed, the principal or other designated administrator shall request the law enforcement
officer to assume responsibility.
The building administrator shall have the responsibility to contact and report to parents and
patrons regarding activities and findings of the law enforcement officer, where appropriate.
10. Indemnification. Each party shall defend, protect and hold harmless the other party from
and against all claims, suits and/or actions arising from any negligent or intentional act or
omission of that party's employees or agents while performing under this agreement.
11. Agreement Alterations and Amendments. The District and the City may mutually amend
this agreement. Such amendments shall not be binding unless they are in writing and signed by
the personnel authorized to bind the District and the City.
12. Termination. Except as otherwise provided in this agreement, either party may terminate
this agreement by providing sixty (60) days advance written notification to the other party of
their intent to terminate the agreement. If this agreement is so terminated, the terminating party
shall be liable only for performance, in accordance with the terms of this agreement for
performance rendered prior to the effective date of termination.
13. Savings. Should any portion of this agreement be declared illegal, the balance of the
agreement shall remain in full force and effect to carry out the purposes of this agreement.
14. Disputes. In the event that a dispute arises under this agreement, it shall be resolved in the
following manner: The Director of Educational Services of the District shall appoint a member to
the Dispute Board. The Pasco Chief of Police shall appoint a member to the Dispute Board. The
Director of Educational Services and the Pasco Chief of Police shall jointly appoint a third
member to the Dispute Board. That person shall act as chairperson, convene the Dispute Board
Interagency Agreement between Pasco School District No. 1 and the City of Pasco.
Page 4 of 6
Page 21 of 109
and cause a determination of the dispute, arrived at by a majority of the Board, to be rendered in
a timely manner. The determination of the Dispute Board shall be final and binding on the
District and the City.
15. Notices. Any notices required herein or related hereto shall be delivered in writing to the
District at:
Pasco School District No.1
Attn.: Executive Director, Operations
1215 West Lewis Street
Pasco, WA 99301
And to the City at: Pasco Police Department
Attn: Chief of Police
525 North 3rd Avenue
Pasco, WA 99301
16. All Writings Contained Herein. This agreement contains all the terms and conditions
agreed to by the parties. No understandings, oral or otherwise, regarding the subject matter of
this agreement shall be deemed to exist or to bind any of the parties to this agreement.
Interagency Agreement between Pasco School District No. 1 and the City of Pasco.
Page 5 of 6
Page 22 of 109
In Witness whereof, the parties have executed this agreement effective this day of
2016.
City of Pasco:
Dave Zabell
City Manager
Attest:
Debbie Clark
City Clerk
Approved as to Form
Leland Kerr
City Attorney
Pasco School District No. 1
Michelle Whitney
Superintendent
Sarah Thornton
School District Counsel
Interagency Agreement between Pasco School District No. 1 and the City of Pasco.
Page 6 of 6
Page 23 of 109
AGENDA REPORT
FOR: City Council
TO: Dave Zabell, City Manager
FROM: Stan Strebel, Deputy City Manager
SUBJECT: Municipal Prosecutor - Agreement Renewal
I. REFERENCE(S):
Proposed Agreement
June 28, 2016
Regular Meeting: 7/5/16
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve the Agreement for Prosecutorial Services with Bell,
Brown and Rio (2016-2020) and, further, to authorize the City Manager to execute the
document.
III. FISCAL IMPACT:
A four-year term of agreement with a 15% increase over current rates for the 1st year,
thereafter monthly increases of $750 (6.5%) each year for the remainder of the
agreement are proposed.
IV. HISTORY AND FACTS BRIEF:
The City has contracted for prosecution services for approximately 14 years. During
that time, costs have been relatively stable and increases have been in line with
inflation rates or less.
The proposed, fairly significant increases are driven by two factors, increasing
caseloads and dramatically increased rates for public defense attorneys (for whose
services the City must also pay) as a result of the ACLU lawsuit (Wilbur vs. City of
Mount Vernon) which resulted in maximum caseloads for public defenders and
increased supervisory expenses for local governments to see that caseload limits are not
exceeded.
Given the number of annual cases processed by the prosecutors (some 2,400
misdemeanors for the 12 months ending 5/31/16) the current rate of compensation, per
case, factors out to about $50/case. This number does not include the hundreds of
Page 24 of 109
infractions that are prosecuted, as well. Given that the City is currently paying on the
order of $180, per case for public defense, it is reasonable to make some adjustments to
bring the two sides at least somewhat closer together in terms of per -case
compensation. (The proposed first-year increase brings the compensation per case to
some $57.)
V. DISCUSSION:
All of the other provisions of the proposed agreement are the same as in the current
agreement with the exception of the Court/Prosecutor schedule, Exhibit "A," and the
new term, as referenced above.
This item was discussed at the June 27 Council Workshop meeting.
Staff recommends approval of the agreement.
Page 25 of 109
AGREEMENT FOR PROSECUTORIAL SERVICES
THIS AGREEMENT is entered into by and between the CITY OF PASCO, hereinafter
referred to as "Pasco," and Bell, Brown & Rio, PLLC, hereinafter referred to as "Prosecutor," for
the purpose of providing prosecutorial services for the City of Pasco.
1. PROSECUTOR SHALL:
A. Provide complete municipal misdemeanor, gross misdemeanor, and civil
infraction prosecutions for all cases filed in the Pasco Municipal Court and other
related services including:
1. Arraignment Docket representation
2. Incarceration Docket representation
3. Negotiation of sentences and forfeiture orders of the Court
4. Bench Trials and hearings
5. Pre-trial hearings
6. Jury Trials and Trial Readiness Hearings
7. Post -trial motions and hearings
8. Appeals
9. Police Department day to day counsel and training as needed. (Prosecutors
will e-mail the Police Chief and Patrol Captain with any concerns relating to
police duties or functions. The Patrol Captain or Police Chief shall contact
the Prosecutors if they would like to meet to discuss these concerns or
provide training to the police department.)
10. Response to criminal -related questions from the public that cannot be
answered by administrative staff.
B. Be prompt in attendance for all required dockets, hearings and trials as outlined
on the attached Exhibit "A," "Pasco Municipal Court Prosecutor Schedule." Such
schedule may be changed from time to time to meet the needs of the Court upon
mutual agreement of the parties.
C. Designate a contact who shall be responsible for:
1. Complaint review and response
2. Review and evaluation of quality of service
3. Periodic reports to the City administration
D. Personally provide the prosecution services and divide the representation to
ensure full-time coverage as well as substitute, conflict, and additionally required
coverage to allow multiple actions to proceed when necessary. In the event
Prosecutors wish to hire additional attorneys other than the signator to this
Agreement to perform services, Prosecutors shall obtain advance approval from
Pasco. This provision shall not apply in the event of unforeseen circumstances
where Prosecutors are temporarily unable to perform. Prosecutors shall be
responsible for assuring that qualified attorneys are present in Court at all times
necessary.
Page 26 of 109
E. Use established practices and policies to recommend utilization of alternatives to
incarceration as appropriate. Such alternatives shall include but not be limited to
electronic home monitoring, work crew, etc. Prosecutors shall obtain Pasco's
approval prior to implementing any program for alternate dispositions involving
charitable contributions.
F. Satisfy the minimum requirements for practicing law in Washington as
determined by the Washington Supreme Court and shall complete seven hours of
continuing legal education within each calendar year in courses relating to
prosecution.
2. PASCO SHALL:
A. Maintain a City Prosecutor's Office with office space available for the prosecutor
at least ten hours per week.
B. Employ a full-time Legal Assistant on-site at the City Prosecutor's Office
providing:
1. Case management and file maintenance
2. Subpoena issuance and return of service
3. Witness contact
4. Docket preparation
C. Pay all subpoena and service costs and costs of required reports for prosecution.
D. Pay to Prosecutor the sum of Eleven Thousand Five -Hundred Dollars ($11,500)
per month for the first year; Twelve Thousand Two -Hundred Fifty Dollars
($12,250) per month for the second year; Thirteen Thousand Dollars ($13,000)
for the third year; and Thirteen Thousand Seven -Hundred Fifty Dollars ($13,750)
per month for the fourth year. Payments shall be due on or before the 10th day
following each calendar month. Payments shall be prorated for partial month.
Renegotiation of the terms of this agreement upon the following occurrences: (1)
there is a Washington Court Rule amendment that results in a procedural change
in court proceedings, or (2) there is a change in Court Docket/Schedule as
outlined in Exhibit "A." In addition, Prosecutors shall be paid the sum of Seven
Hundred Fifty Dollars ($750) for each case appealed (except for any case noted
for reconsideration at the trial court level). However, if a court of appeals grants
the Prosecutor's motion to dismiss for "Want of Prosecution," then there shall be
no charge to the City for the appeal. Prosecutors shall provide an invoice to Pasco
upon completion of any appeal work.
3. TERM:
The term of this Agreement shall be for four (4) years, beginning July 1, 2016, and
ending June 30, 2020. Either party may terminate this Agreement after one (1) year upon
sixty (60) days written notice.
Prosecutorial Services Agreement — Page 2
Page 27 of 109
4. CASELOAD:
In the event the workload (as indicated by number of case filings and number of
represented cases) exceeds the prior year's workload by fifteen percent (15%) or more,
Prosecutors may request additional compensation. If no agreement is reached concerning
said additional compensation, Prosecutors may terminate this Agreement upon ninety
(90) days written notice.
5. INDEPENDENT CONTRACTORS:
Prosecutors shall be independent contractors and not employees of Pasco.
6. INSURANCE AND INDEMNIFICATION:
During the term of this Agreement, the Prosecutors shall maintain errors and omissions
insurance coverage and shall include anyone else acting for or on behalf of the
Prosecutors 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 policy limits of Two
Hundred Fifty Thousand Dollars ($250,000.00) or more. At the time of commencement
of the performance of services hereunder, the Prosecutors shall submit evidence that such
insurance is in force and that such insurance will not be canceled without first giving
thirty (30) days written notice to the City of Pasco.
CITY OF PASCO
Dave Zabell, City Manager Date
PROSECUTOR
Michael J Rio, Attorney at Law Date
Bell, Brown & Rio, PLLC
Prosecutorial Services Agreement — Page 3
Page 28 of 109
Exhibit "A"
PASCO MUNICIPAL COURT PROSECUTOR SCHEDULE
(Schedule is subject to change during term of Agreement)
Prosecutorial Services Agreement — Page 4
Page 29 of 109
Pre -Trials
Traffic
Monday
8:30 am to 12:00 pm
1:30 pm to 5:00 pm
Pre -Trials
Arraignment
Tuesday
8:30 am to 12:00 pm
1:30 pm to 5:00 pm
In-Custodv
Jury -Trials
Wednesday
9:00 am to 12:00 pm
8:30 am to 5:00 pm
even days
In -Custody Arraignment/
Probation Violation
Thursday
9:00 am to 12:00 pm
In-Custodv
9:OOam to 12:OOam
Trial Readiness
Friday
9:00 am to 12:00 pm
odd days
Motion
9:00 am to 12:00 pm
even days
Prosecutorial Services Agreement — Page 4
Page 29 of 109
AGENDA REPORT
FOR: City Council
TO: Dave Zabell, City Manager
Ahmad Qayoumi, Public Works Director
FROM: Dan Ford, City Engineer
Public Works
SUBJECT: Replace Grit Classifiers - Increase Spending Authority
I. REFERENCE(S):
Vicinity Map
June 29, 2016
Regular Meeting: 7/5/16
IL ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve the increased CIP spending authority for the Replace
Grit Classifiers Project and allocate the funds in the 2013/2015 bond for water and
sewer.
III. FISCAL IMPACT:
2013/2015 Water and Sewer Bond - $25,000
Current Total Budget - $108,000
Requested Allocation - $25,000
Total Requested Budget - $133,000
The funds are available in the 2013/2015 bond for water and sewer projects to cover
this increased amount and will need to be allocated to this project.
IV. HISTORY AND FACTS BRIEF:
In the Spring of 2014, the City Council adopted the City's Sanitary Sewer Master Plan.
The Plan identifies strategies and outlines the capital improvement projects to address
current and future needs. The Plan describes the need for improvements to the
Headworks, the initial processes that the wastewater encounters as it enters the
Wastewater Treatment Plant. The Headworks Improvement Project is recommend and
includes the replacement of the aging grit classifiers.
Page 30 of 109
Removal of sand and grit from the wastewater serves to protect downstream equipment
from accelerated wear and to prevent reduced capacity in the downstream process due
to grit accumulation.
V. DISCUSSION:
The grit classifiers are approximately twenty years old. They are at the end of their
useful life and need to be replaced. This equipment will be a "like -for -like"
replacement, meaning the same make and model will be used to replace the existing
equipment. This allows for the new grit classifiers to be installed in the same space as
the existing ones with no infrastructure or electrical changes needed.
The new grit classifiers will be stainless steel rather than mild steel; which was the
material of the original classifiers. Stainless steel is the industry standard for equipment
used for wastewater as it resists degradation best. Stainless steel costs an additional
$5,000, but will extended the lifetime of the grit classifiers by approximately ten years.
In addition to the cost for upgrading the material to stainless steel, an additional
$20,000 is needed to install the grit classifiers.
The total amount of this requested allocation is $25,000 for a total project cost of
$133,000.
The funds are available in the 2013/2015 bond for water and sewer projects to cover
this increased amount and will need to be allocated to this project.
Staff recommends approving the increased spending authority for the Replace Grit
Classifiers project.
This item was discussed at the June 27, 2016 Council Workshop.
Page 31 of 109
Page 32 of 109
AGENDA REPORT
FOR: City Council June 27, 2016
TO: Dave Zabell, City Manager Regular Meeting: 7/5/16
Rick White, Director
Community & Economic Development
FROM: Dave McDonald, City Planner
Community & Economic Development
SUBJECT: Final Plat: Linda Loviisa Division 2, Phase 6 (MF# FP 2015-007)
I. REFERENCE(S):
Overview Map
Vicinity Map
Final Plat
IL ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve the Final Plat for Linda Loviisa, Division 2, Phase 6.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
In January 2010 the Council approved a preliminary plat for Division 2 of the Linda
Loviisa development. The developer is now seeking final plat approval for Phase 6.
Linda Loviisa Division 2 is a single-family residential development located south of
Burden Boulevard, north of I-182 and east of the Soccer Complex. The development
contains 511 single-family lots with an average lot size of 11,125 square feet. Phase 6
contains 46 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
improvements. In this case, the developer has completed most of the improvements and
Page 34 of 109
provided the City with a bond in an amount sufficient $350,852 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 35 of 109
Item: Linda Loviisa II Phase 6 Final Plat
Vicinity
Applicant: AHO Construction
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Page 38 of 109
AGENDA REPORT
FOR: City Council June 27, 2016
TO: Dave Zabell, City Manager Regular Meeting: 7/5/16
Rick White, Director
Community & Economic Development
FROM: Dave McDonald, City Planner
Community & Economic Development
SUBJECT: Final Plat: Broadmoor Terrace, Phase 2 (MF# FP2015-009)
I. REFERENCE(S):
Overview Map
Vicinity Map
Final Plat
IL ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve the final plat for Broadmoor Terrace, Phase 2.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
In March 2015 the Council approved a preliminary plat for the Broadmoor Terrace
development. The developer is now seeking final plat approval for Phase 2.
Broadmoor Terrace is a single-family residential development located south of
Sandifur Parkway east of Road 90. The development contains 86 single-family lots
with an average lots size of 10,577 square feet.
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
improvements. In this case, the developer has completed all infrasturture
improvements.
Page 39 of 109
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 40 of 109
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Page 43 of 109
AGENDA REPORT
FOR: City Council
TO: Dave Zabell, City Manager
FROM: Rick Terway, Director
Administrative & Community Services
SUBJECT: Accept Work - Kurtzman Park Playground
I. REFERENCE(S):
Proposed Resolution
June 24, 2016
Regular Meeting: 7/5/16
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approved Resolution No. , accepting the work
performed by Gametime, for the Kurtzman Park Playground equipment and installation
in the total amount of $142,326.44 including sales tax.
III. FISCAL IMPACT:
$125,000.00 - CDBG Funds
$ 17,326.44 - Park Impact Fees
IV. HISTORY AND FACTS BRIEF:
On August 4, 2014, Council approved the 2015 Community Development Block Grant
Allocations which included $125,000.00 for a new playground at Kurtzman Park.
The work included a change order to replace the swings and add 'pour -in-place'
surfacing under the swings, which brought the entire playground up to current safety
standards.
V. DISCUSSION:
The work is now complete and staff recommends acceptance of the project by approval
of the resolution.
Page 44 of 109
RESOLUTION NO.
A RESOLUTION ACCEPTING THE WORK PERFORMED BY GAMETIME FOR
THE KURTZMAN PARK PLAYGROUND EQUIPMENT AND INSTALLATION.
WHEREAS, the work performed by Gametime, for the Kurtzman Park Playground
project has been examined by Administrative & Community Services and has been found to be
in apparent compliance with the applicable project specifications, and
WHEREAS, it is Administrative & Community Services recommendation that the City
of Pasco formally accept the contractor's work and the project as complete; NOW,
THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, that the
City Council concurs with Administrative & Community Services recommendation and thereby
accepts the work performed by Gametime for the Kurtzman Park Playground project, as being
completed in apparent conformance with the project specifications and,
BE IT FURTHER RESOLVED, that the City Clerk is hereby directed to notify the
Washington State Department of Revenue of this acceptance, and
BE IT FURTHER RESOLVED, that the final payment of retainage being withheld
pursuant to applicable laws, regulations and administrative determination shall be released upon
satisfaction of same and verification thereof by Administrative & Community Services and
Finance Director.
PASSED by the City Council of the City of Pasco this 5th day of July, 2016.
Matt Watkins
Mayor
ATTEST:
Debra L. Clark
City Clerk
APPROVED AS TO FORM:
Leland B. Kerr
City Attorney
Page 45 of 109
AGENDA REPORT
FOR: City Council
TO: Dave Zabell, City Manager
FROM: Rick Terway, Director
Administrative & Community Services
SUBJECT: Yard and Business of the Month Awards
I. REFERENCE(S):
June 23, 2016
Regular Meeting: 7/5/16
IL ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Mayor Watkins to present Certificates of Appreciation for June 2016 "Yard of the
Month" and 'Business Appearance of the Month" to:
Ramiro & Aracile Soto, 416 N. Beech Ave.
Benito & Rebeca Diaz, 2600 W. Brown St.
Judy Donaldson, 4008 Desert Plateau Dr.
John & Susan Calhoun, 8104 Snoqualmie Dr.
Bush Car Wash, 3810 W. Court St.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
Page 46 of 109
City ot Taqeo
Certicate of 9YLYreciation
The City Council of the City of Pasco is proud to select
416 N BEECH AVE
Horne of
RAMIRO & ARACILE SOTO
"YARD OF THE MONTH"
We hereby express our gratitude for your contribution toward community
enrichment and quality of life by the improvements made to the natural beauty
of your surroundings and serving as a good example for others.
Given this 5th day of July 2016
73,1
Matt Watkins, Mayor
City ot fiasco
Certfiate of gYLYreciation
The City Council of the City of Pasco is proud to select
2600 W BLOWN ST
Home of
BENITO & REBECA DIAz
"YARD OF THE MONTH"
We hereby express our gratitude for your contribution toward community
enrichment and quality of life by the improvements made to the natural beauty
of your surroundings and serving as a good example for others.
iven this 5th day of July 2016
Ail
co
0
0
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Matt Watkins, Mayor
ON ot Tmeo
Certi O'cate oiAppreciaton
The City Council of the City of Pasco is proud to select
4008 DESERT PLATEAU DR
Home of
JUDY DONALDSON
"PARD OF THE MONTH"
We hereby express our gratitude for your contribution toward community
enrichment and quality of life by the improvements made to the natural beauty
of your surroundings and serving as a good example for others.
ys� Given this 5th day of July 2016
42
CO j � 'F'w� .1k�, , � 4� t��►' 3v
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O
Matt Watkins, Mayor
City ot Tmeo
Cerricate of Appreciation
The City Council of the City of Pasco is proud to select
8104 SNOQUALMIE TSR
Horne of
JOHN & SUSAN CALHO UN
"YARD OF THE MONTH"
We hereby express our gratitude for your contribution toward community
enrichment and quality of life by the improvements made to the natural beauty
of your surroundings and serving as a good example for others.
Given this 5th day of July 2416
CD
ti y:
O
O
Matt Watkins, Mayor
City ot Tom
Cert�ate of AYYreciation
The City Council of the City of Pasco is proud to select
3510 W COURT ST
Home of
BUSH CAR WASH
%USMSS of THE MONTH APPEARANCE AWARV
We hereby express our gratitude for your contribution toward community
enrichment and quality of life by the improvements made to the natural beauty
of your surroundings and serving as a good example for others.
iven this 5th day of July 2016
0
0
0
Matt Watkins, Mayor
AGENDA REPORT
FOR: City Council June 27, 2016
TO: Dave Zabell, City Manager Regular Meeting: 7/5/16
Rick White, Director
Community & Economic Development
FROM: Dave McDonald, City Planner
Community & Economic Development
SUBJECT: Street Vacation: A portion of Duluth St. (MF# VAC 2016-008)
I. REFERENCE(S):
Overview Map
Vicinity Map
Proposed Ordinance
IL ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
CONDUCT PUBLIC HEARING
MOTION: I move to approve Ordinance No. , an ordinance vacating a portion of
Duluth Street, and, further, authorize publication by summary only.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
Property owners within Blocks 7 and 16 of the Freys Addition petitioned for the
vacation of that portion of Duluth Street adjacent to their property.
As previously recommended, Council set July 5, 2016 as the date to consider the
proposed vacation.
V. DISCUSSION:
Duluth Street is one of the streets identified for vacation in the Circulation Plan for the
Oregon Avenue Corridor.
Page 52 of 109
The westerly 328 feet of Duluth Street between Utah Avenue and California Avenue
was vacated in June of 2015.
Page 53 of 109
Overview Item: Portion of Duluth Street Map
Applicant: Don & Christine Barnes N
File #. VAC 2016-008
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Vicinity Item: Portion of Duluth Street
Map Applicant: Don & Christine Barnes N
File #: VAC 2016-008
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WHEN RECORDED PLEASE RETURN TO:
City of Pasco
Attn: City Planner
525 North 3rd
Pasco, WA 99301
ORDINANCE NO.
AN ORDINANCE VACATING A PORTION OF DULUTH STREET.
WHEREAS, a qualified petition has been submitted to the City Council of the City of
Pasco requesting vacation of certain public rights-of-way within the City of Pasco; and
WHEREAS, from time to time in response to petitions or in cases where it serves the
general interest of the City, the City Council may vacate rights-of-way; and
WHEREAS, all steps and procedures required by law to vacate said right-of-way have
been duly taken and performed; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. That all of Duluth Street east of center line of the vacated north south alley
between Blocks 17 and 16 and Blocks 6 and 7 Frey's Addition as depicted in Exhibit "1" be and
the same is hereby vacated.
Section 2. That a certified copy of this ordinance be recorded by the City Clerk of the
City of Pasco in and with the office of the Auditor of Franklin County, Washington.
Section 3. This ordinance shall take full force and effect five (5) days after approval,
passage and publication as required by law.
PASSED by the City Council of the City of Pasco, this 5th day of July, 2016.
Matt Watkins, Mayor
ATTEST:
APPROVED AS TO FORM:
Debra L. Clark, City Clerk Leland B. Kerr, City Attorney
1
Page 56 of 109
AGENDA REPORT
FOR: City Council
TO: Dave Zabell, City Manager
FROM: Rick White, Director
Community & Economic Development
SUBJECT: Nuisances Related to Marijunana
I. REFERENCE(S):
Proposed Ordinance
June 28, 2016
Regular Meeting: 7/5/16
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to adopt Ordinance No. , an Ordinance of the City of
Pasco, Washington, Amending Section 9.60.030 "Specific Nuisances"; Amending
Section 9.60.080 "Penalty for Violation"; Amending Section 9.60.090 "Abatement of
Nuisances"; and Amending Section 9.60.120 "Each Day as Separate Offense", and,
further, authorize publication by summary only.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
In November of 2012, Initiative 502 was passed which decriminalized the possession
and use of marijuana for recreational purposes.
In July of 2014 City Council adopted Ordinance 4166 which prohibits the production,
processing and retail sales of marijuana. Ordinance 4166 also prohibited marijuana
collective gardens and dispensaries.
In 2015, State law was enacted that allowed qualifying patients to grow up to sixteen
marijuana plants depending on circumstances related to the patient.
The 2015 State law also provided that the plants be undetectable by sight or smell from
a public place or residential unit. State regulations did not provide for the outdoor
growing of marijuana plants.
Several years of local experience with nuisances regarding medical and I-502 use of
Page 57 of 109
marijuana show that both indoor and outdoor growing operations are occurring and
presenting a variety of adverse impacts including odor, construction of illegal fences
and theft.
This item was discussed by Council at the June 27, 2016 workshop meeting.
V. DISCUSSION:
The proposed ordinance amends Section 9.60 (Nuisances) of the Pasco Municipal
Code by:
Establishing the possession and storage of marijuana in amounts greater than
those permitted by State law as a nuisance;
Establishing the indoor production, growing or use of marijuana products in
amounts greater than those allowed by State law or in a manner which creates
adverse impacts or is recognizable from a public or private property as a
nuisance;
Establishing the outdoor production, growing or use of marijuana products in
amounts greater than those allowed by State law or in a manner which creates
adverse impacts or is recognizable from a public or private property as a
nuisance;
Amending the Penalty Provisions of PMC 9.60 to be consistent with the
provisions for other civil violations;
Providing repeat violations of the Nuisance Code to be abated through Superior
Court; and
Providing for repeat violations of the Nuisance Code to treated as a separate
offense.
Page 58 of 109
ORDINANCE NO.
AN ORDINANCE of the City of Pasco, Washington,
Amending Section 9.60.030 "Specific Nuisances"; Amending
Section 9.60.080 "Penalty for Violation"; Amending Section
9.60.090 "Abatement of Nuisances"; and Amending Section
9.60.120 "Each Day as Separate Offense"
WHEREAS, the City Council of the City of Pasco, Washington, has recognized that
RCW 69.51A.210 enacted as part of the 2015 medical marijuana legislation allows a "qualifying
patient" defined in RCW 69.5 1A.0 10(19) to grow in his or her domicile up to four, six, or fifteen
plants, the number depending on the factors identified in that statute; and
WHEREAS, the City Council of the City of Pasco, Washington, recognizes that RCW
69.5 1 A.260(2) states that growing such plants by qualifying patients requires that such plants not
be readily seen by normal unaided vision or readily smelled from a public place or private
property of another housing unit; and
WHEREAS, the City Council of the City of Pasco, Washington, recognizes that RCW
69.51A.010(6) defines "housing unit" as a house, an apartment, a mobile home, a group of
rooms, or a single room that is occupied as separate living quarters, in which the occupants live
and eat separately from any other persons in the building, and which has direct access from the
outside of the building or through a common hall; and
WHEREAS, the City Council of the City of Pasco, Washington, has recognized that
while complying with RCW 69.51A allows qualifying patients the ability to grow their own
marijuana plants in their housing unit, nothing in RCW 69.51A allows for the outdoor growth of
such plants; and
WHEREAS, the City Council of the City of Pasco, Washington, has recognized that to
allow the outdoor growth of such marijuana plants not covered by RCW 69.51A is a public
nuisance to the citizens of Pasco. NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO HEREBY
ORDAIN AS FOLLOWS:
Section 1. That Section 9.60.030 entitled "Specific Nuisances" of the Pasco
Municipal Code shall be and hereby is amended and shall read as follows:
9.60.030 SPECIFIC NUISANCES. The following specific acts, omissions, places,
conditions, and things are declared to be nuisances: The erecting, maintaining, using, placing,
depositing, leaving or permitting to be or remain in or upon any private lot, building, structure or
premises, or in or upon any sidewalk, street, avenue, alley, park, parkway, or other public or
private place in the City, of any one or more of the following disordered, disturbing, unsanitary,
fly and/or mosquito producing, rat -harboring, disease -causing places, conditions or things, that is
to say:
Ordinance Amending PMC 9.60.030, PMC 9.60.080,
PMC 9.60.090 and PMC 9.60.120 - 1
Page 59 of 109
1) The keeping or harboring of any dog or cat which by frequent or habitual
howling, yelping or barking annoys or disturbs the comfort or repose of any person or
persons in the vicinity.
2) The keeping of rabbits, chickens, goats, pigs, bees, mules, horses, mink,
dogs, cats, muskrats, or any other animals within the city limits of the city that are of such
nature as to create offensive smells, noises and conditions in the vicinity in which they
are kept.
3) Unnecessary tooting of automobile horns; unnecessarily loud playing
radios in automobiles; or radios, phonographs, televisions or other sound equipment in
other places so as to obstruct the reasonable and comfortable use of the adjoining
property within the corporation limits of the City.
4) Any putrid, unsound, or unwholesome bones, meat, hides, skins, or the
whole or any part of any dead animal, fish, or fowl.
5) Privies, vaults, cesspools dumps, pits or like places which are not securely
protected from flies or rats, or which are foul or malodorous.
6) Filthy, littered or trash -covered cellars, house yards, barnyards, stable
yards, factory yards, vacant areas in rear of stores, vacant lots, houses, buildings,
alleyways, or premises; or placing, dropping, disposing, throwing away, or otherwise
discarding litter, garbage, refuse, cans, bottles, paper or paper material, metal, organic or
inorganic material, upon property other than in receptacles or areas as designated in
Chapter 6.04.
7) Animal manure in any quantity which is not securely protected from flies
and the elements, or which is kept or handled in violation of any ordinance of the City.
8) Poison oak, poison ivy, or poison sumac (whether growing or otherwise),
liquid household waste, human excreta, garbage, butchers' trimmings and offal, parts of
fish or any waste vegetable or animal matter in any quantity; provided nothing herein
contained shall prevent the temporary retention of waste in receptacles in the manner
approved by the health officer of the City nor the dumping of non-putrifying waste in a
place and manner approved by the health officer;
9) Tin cans, bottles, glass, cans, ashes, small pieces of scrap iron, wire metal
articles, bric-a-brac, broken stone or cement, broken crockery, broken glass, broken
plaster, automobile bodies and/or parts, and all such trash or abandoned material, unless
the same be kept in covered bins or galvanized iron receptacles approved by the health
officer.
10) Trash, litter, rags, accumulations of empty barrels, boxes, crates, packing
cases, mattresses, bedding, excelsior, packing hay, straw, or other packing material,
Ordinance Amending PMC 9.60.030, PMC 9.60.080,
PMC 9.60.090 and PMC 9.60.120 - 2
Page 60 of 109
lumber not neatly piled, scrap iron, tin and other metal not neatly piled or anything which
may be a fire danger.
11) Any unsightly building, billboard, fence, excavation, or other structure, or
any abandoned or partially destroyed building, fence, excavation or structure, or any
building, fence, excavation or structure commenced and left unfinished.
12) All places used or maintained as junkyards, or dumping grounds, or for the
wrecking or dissembling of automobiles, trucks, tractors, or machinery of any kind, or for
the storing or leaving of worn-out, wrecked or abandoned automobiles, trucks, tractors, or
machinery of any kind, or of any of the parts thereof, or for the storing or leaving of any
machinery or equipment used by contractors or builders or by other persons, which places
are kept or maintained so as to essentially interfere with the comfortable enjoyment of
life or property by others.
13) The act of butchering of any animal or fowl unless such act is performed
within a building or other enclosure which prohibits view or sound of such act from other
private or public property; or to bring any live animal or live fowl to any lot, parcel or
tract of land in any residential district for the purpose of slaughtering or butchering the
animal or fowl; or to engage in the act of slaughtering or butchering any such live animal
in a residential district; or to dry any meat of any animal or fowl unless such act is
performed within a building or enclosure which prohibits the view of such act from other
public or private property.
14) The drying of any clothing, sheets, towels, or other laundry in any yard
area of any property in any residential district of the city on any structure, vegetation or
foliage, except on clotheslines specifically erected for that purpose in the rear yard area
of the property as defined in PMC 22.12.860.
15) Lawns, shrubs, trees or other plantings that have been dead for more than
three frost free months; and any front or rear yard areas on any lot, parcel or tract of land
in a residential district of this city that has become populated with weeds to the extent
that it subjects neighboring residential properties to weed growth.
16) Weeds, noxious weeds, grass, and other vegetation which constitutes a
fire hazard, encroaches on sidewalks or neighboring properties, is damaging public
improvements, impairing the vision of traffic signs or signals, and/or has reached a height
of twelve inches;
17) The possession or storage of marijuana or marijuana -infused products for
personal use in any amount, or for medical use with a state medical license in any amount
greater than allowed by Washington State statutes, or in amounts in violation ofany
provision of Washington State statutes.
Ordinance Amending PMC 9.60.030, PMC 9.60.080,
PMC 9.60.090 and PMC 9.60.120 - 3
Page 61 of 109
18) The indoor production or growing of marijuana or marijuana -infused
products, in any amount without a state medical license, or with a state medical license
and in amounts greater that restrictions placed in Washington State statutes.
19) The indoor storage, production,rg owing, or any method of use of
marijuana or marijuana products, with or without a state medical license, when any
portion of such activity creates dust, glare, heat, noise, noxious gasses, odor, smoke,
traffic, vibration, or other impacts, or is hazardous due to use or storage of materials,
processes, products or wastes, or when there is any evidence that such activities are
visually observable or recognizable by odor from a public right-of-way or from any other
private property, or when a reasonable person would ascertain that such activities are
taking place.
20) The outdoor storage, production, or growing of marijuana or marijuana
products.
21) The outdoor use of marijuana or marijuana products, with or without a
state medical license, when anyportion of such activity creates dust, glare, heat, noise,
noxious gasses, odor, smoke, traffic, vibration, or other impacts, or is hazardous due to
use or storage of materials, processes, products or wastes, or when there is any evidence
that such activities are visually observable or recognizable by odor from a public ri hg t -of -
way or from an., other property, or when a reasonable person would ascertain that
such activities are taking place. (Ord. 2980, Sec. 1, 1994; Ord. 2274 Sec 1, 1981; Ord.
1972 Sec. 8, 1978; Ord. 1806 Sec. 1, 1976; prior code Sec. 10-4.12.)
Section 2. That Section 9.60.080 entitled "Penalty for Violation" of the Pasco
Municipal Code shall be and hereby is amended and shall read as follows:
9.60.080 PENALTY FOR VIOLATION. Every person who violated any of the
provisions of this chapter has committed a code infraction and shall pay a penalty not to exceed
five hundred fi3uf hund.oa fty dollars.
Any person who violates the provisions of this chapter and permits weeds, noxious
weeds, rubbish, debris or ds, rubbish, debris, or decomposing animal or vegetable matter to
accumulate or remain upon any real property owned or occupied by him or her in the
City so that it shall become a fire hazard or cause or create an unsanitary or unsightly
condition or become injurious or detrimental to the public health or welfare, or who
permits weeds, noxious weeds, grass or other vegetation to reach a height in excess of
one foot within an area of twenty feet of any existing building or a height of two feet in
any other location, or who violates any other Section of 9.60.030, shall, in addition to the other
civil penalties provided for in this section, after being notified by the Code Enforcement Officer
or his designee to remove the material, or correct the nuisance within a period of time specified
in the notice as herein provided shall have committed a code infraction and shall be punished by
payment of a penalty not to exceed five hundred€ouf hundred f dollars, and each day that
such condition or nuisance or fire hazard or unsanitary or unsightly condition is maintained or
takes place upon the premises shall constitute a separate code infraction under this chapter. Any
Ordinance Amending PMC 9.60.030, PMC 9.60.080,
PMC 9.60.090 and PMC 9.60.120 - 4
Page 62 of 109
owner or occupant of such property who refuses or fails for any reason to pay the amount billed
to them for the city's cleaning, leveling, removal, or destruction of the nuisance within thirty
days from the billing date, shall have committed a code infraction and shall be punished by
payment of a civil penalty not to exceed five hundredf of h+Mdfed fi f, , dollars. Any person not
being the owner or occupant of such property, who places or causes to be placed rubbish or
debris upon any real property in the City in violation of the provisions of this chapter, shall be
guilty of a code infraction and shall be punished by a civil penalty in an amount not to exceed
five hundredf of hund -oa fifty dollars and the placing or causing to be placed of each article of
rubbish or debris shall constitute a separate code infraction under this chapter. (Ord. 2450 Sec.2,
1983; Ord. 1894 Sec. 1, 1977; prior code Sec. 10-4.32.)
Section 3. That Section 9.60.090 entitled "Abatement of Nuisances" of the Pasco
Municipal Code shall be and hereby is amended and shall read as follows:
9.60.090 ABATEMENT OF NUISANCES.
(A) Whenever a nuisance exists as defined in this chapter, the City may pursue by a
suit in equity of the superior court of Franklin County to enjoin and abate the same in the manner
provided by law; or it may elect to enforce the provisions of this chapter by uniform citation
and/or complaint filed in the Pasco Municipal Court; or it may elect to abate the nuisance by
following the provisions set forth below. Upon a third violation of gL provision of this chapter,
the City may seek a writ of abatement in Superior Court and authorization to abate the nuisance
and may be awarded legal and abatement costs.
(B) It is the duty of the Director of Community & Economic Development for the
City, or his designee, to notify in writing, the owner or occupant of any lot, parcel or tract of land
within the City upon which weeds, grass, vegetation, rubbish, debris or decomposing animal or
vegetable matter has accumulated so as to become a fire hazard or injurious or detrimental to the
public health or welfare and to create an unsightly or unsanitary condition, requesting the owner
or occupant to remove the weeds, noxious weeds, grass, vegetation, rubbish, debris or
decomposing animal or vegetable matter within the period of time specified in the notice. In
case the owner of the premises, or the occupant thereof, or any other person or persons creating,
causing or committing, or maintaining the same, should fail to remove the weeds, noxious
weeds, grass, vegetation, rubbish, debris, or decomposing animal or vegetable matter or any
other substance causing any fire hazard or creating an unsightly or unsanitary condition or
condition injurious to the public health or welfare, within the specified period of time, then the
city may proceed upon the premises and clean and level the premises and remove the weeds,
noxious weeds, grass, vegetation, rubbish, debris or decomposing animal or vegetable matter,
and the cost to the City for such cleaning, leveling, removal or destruction shall be at the expense
of the owner or occupant of the property or against any other person or persons creating, causing
or committing or maintaining the same, and such amount, together with the reasonable legal and
administrative cost incurred by the City in relation thereto and for collection, shall be paid within
thirty days of the billing date, and if not paid within such time period, to levy a special
assessment on the land or premises where the nuisance is situated to defray the cost or to
reimburse the City for the cost of abating the same. Notice of the lien shall be filed with the
Franklin County Auditor.
Ordinance Amending PMC 9.60.030, PMC 9.60.080,
PMC 9.60.090 and PMC 9.60.120 - 5
Page 63 of 109
(C) Whenever in any action brought in the Pasco Municipal Court, it is established
that a nuisance exists as defined in the chapter, the Court shall, together with the fine imposed, if
any, enter an order of abatement as part of the judgment in the case, which order shall direct
either:
(1) That such nuisance be abated or removed by the defendant within a time
limited by the Court, and not exceeding thirty days; or
(2) That the nuisance may be abated by the City at the cost of the defendant.
(Ord. 2519 Sec. 1, 1984; Ord. 2459 Sec. 1, 1983; Ord. 2450 Sec. 1, 1983; Ord. 1894 Sec.
2, 1977; prior code Sec. 10-4.36.)
Section 3. That Section 9.60.120 entitled "Each Day as Separate Offense" of the
Pasco Municipal Code shall be and hereby is amended and shall read as follows:
9.60.120 EACH DAY AS SEPARATE OFFENSE. Each day's, or part of a day's
continuance of anything prohibited by this chapter shall be a separate offense hereunder. Repeat
violations of all nuisances under this chapter shall be considered separate offenses and the
violators shall be individually liable for all penalties for each repeat violation equally as for the
initial violation. (Prior code Sec. 10-4.48.)
Section 4. Effective Date. 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:
Debbie Clark, City Clerk Leland B. Kerr, City Attorney
Ordinance Amending PMC 9.60.030, PMC 9.60.080,
PMC 9.60.090 and PMC 9.60.120 - 6
Page 64 of 109
AGENDA REPORT
FOR: City Council
TO: Dave Zabell, City Manager
FROM: Rick White, Director
Community & Economic Development
SUBJECT: PMC 16.50 "Unsafe and Unfit Buildings"
I. REFERENCE(S):
Proposed Ordinance
June 28, 2016
Regular Meeting: 7/5/16
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to adopt Ordinance No. , an Ordinance of the City of
Pasco, Washington Adopting PMC Chapter 16.50 "Unsafe and Unfit Buildings,
Structures, and Premises", and, further, authorize publication by summary only.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
The City of Pasco has adopted the International Codes to accomplish a variety of
mandates - including the abatement of Dangerous Buildings through the applicable
provisions of the Code. However the International Code does not include provisions for
the recovery of costs associated with abatement.
State Law - specifically RCW 35.80 - allows for the cities and counties to establish an
administrative process for unfit buildings and structures that is enforced through an
"improvement board" (in this case the Code Enforcement Board), rather than relying
on the court system to recover abatement costs.
RCW 35.80 includes in the ability to abate such a building or structure and enter those
costs as collectable in the same manner as property taxes.
This item was discussed by Council at the June 27, 2016 workshop meeting.
V. DISCUSSION:
Page 65 of 109
The proposed ordinance:
Defines "unsafe and unfit" buildings;
Establishes an administrative procedure, including the forms and notification
process, to transmit the findings of the "Code Enforcement Officer" regarding
the existence of an unsafe/unfit building;
Provides for the abatement costs to be levied as a special assessment against the
property and collected in the same manner as property taxes;
Establishes an appeal process for owners of unsafe and unfit buildings through
the Code Enforcement Board.
The procedures in the proposed ordinance are similar to those regarding "Chronic
Nuisances" adopted by City Council this past May.
Page 66 of 109
ORDINANCE NO.
AN ORDINANCE of the City of Pasco, Washington
Adopting PMC Chapter 16.50 "Unsafe and Unfit Buildings,
Structures, and Premises"
WHEREAS, there are at times found to be unkept, deteriorated and/or abandoned
dwellings, structures, and premises with the city limits of the City of Pasco that are found to be
unfit for human habitation and other uses, causing urgent concerns for the detrimental effects
such properties may have on public health, safety and welfare; and
WHEREAS, these properties often constitute an immediate and emergent threat to public
health and safety; and
WHEREAS, RCW 35.80 provides for the abatement of dwellings which are unfit for
human habitation, and building structures and premises or portions thereof which are unfit for
other uses due to dilapidation, disrepair, structural defects, defects increasing the hazards of fire,
accidents, or other calamities, uncleanliness, inadequate light, or sanitary facilities, or other
conditions which are a hazard to the health and welfare of the residents of the City; and
WHEREAS, RCW 35.80 authorizes the City to adopt ordinances and procedures relating
to the abatement of property unfit for human habitation and other uses; and
WHEREAS, it is in the best interest of the City of Pasco to adopt the processes and
acquire the powers authorized by Chapter 35.80 RCW to address the conditions which may
render buildings and premises unfit for human habitation and other uses; NOW, THEREFORE„
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. That Chapter 16.50 of the Pasco Municipal Code entitled "Unsafe and
Unfit Buildings, Structures, and Premises" shall be and hereby is adopted and shall read as
follows:
Chapter 16.50
UNSAFE AND UNFIT BUILDINGS STRUCTURES AND PEMISES
Sections:
16.50.010
Findings.
16.50.020
Nuisance Declared.
16.50.030
Definitions.
16.50.040
Enforcement Authority and Powers.
16.50.050
Procedure to Abate Unsafe or Unfit Structures or Premises.
16.50.060
Abatement Costs.
16.50.070
Right to Appeal.
Ordinance Creating PMC 16.50 - 1
Page 67 of 109
16.50.080
Appeals.
16.50.090
Service Completed.
16.50.100
Supplemental Chapter.
16.50.110
Nuisances: Powers Reserved.
16.50.120
Additional Violations and Penalties.
16.50.130
Emergencies.
13.50.040
Discrimination Prohibited.
16.50.150
Warrants for Entry.
16.50.160
Adoption of RCW in its Entirety.
16.50.010 FINDINGS. It is found that there exist in the City of Pasco, dwellings,
and other buildings, structures, and premises which are unfit for human habitation and which are
unfit for other uses due to dilapidation, disrepair, structural defects, defects increasing the
hazards of fire, accidents, or other calamities, inadequate drainage, overcrowding, or due to other
conditions which are inimical to the health and welfare of the residents of the City. It is the intent
of this chapter to clarify and strengthen the procedures for abating such nuisances, particularly
unsafe or unfit dwellings, buildings, structures, or premises, modeled after the provisions of
Chapter 35.80 RCW.
16.50.020 NUISANCE DECLARED. All buildings or structures in the City which
by reason of decay, dilapidation, or damage by fire, the elements, or any other cause, are now or
hereafter shall become, in the judgment of the Code Enforcement Officer, dangerous to the lives
and safety of persons or property or unsafe for the purpose or purposes for which they are being
uses, unsafe or unfit structures and premises as defined in this chapter are declared to be public
nuisances.
16.50.030 DEFINITIONS. For purposes of this chapter, the following definitions
shall apply:
A) "Abate" means to repair, replace, remove, destroy, vacate, close, or otherwise
remedy a condition which constitutes a violation of this chapter by such means and in such a
manner and to such an extent as is required or permitted by this chapter, as determined by the
Code Enforcement Officer or other authorized official.
B) 'Building Code" means and includes the Building Code, its components, and
related codes adopted by the City of Pasco in Title 16 of the Pasco Municipal Code.
C) "City" means the City of Pasco.
D) "Code Enforcement Officer" means the Inspection Services Manager of the City
of Pasco or his or her designee.
E) "Premises" means and includes any structure, lot, parcel, real estate, or land, or
portion of land whether improved or unimproved, including adjacent sidewalks and parking
strips, and any lake, river, stream, drainage way, or wetland, within the territorial limits of the
City.
Ordinance Creating PMC 16.50 - 2
Page 68 of 109
F) "Property," unless otherwise defined or modified, includes premises and/or
structures, as required by its context, and may include personal property if required by its
context.
G) "Structure" means and includes any dwelling, house, shop, stable, building, or
other structure.
H) "Unsafe or unfit" includes, without limitation, any of the conditions described in
this subsection applicable to any dwelling, building, structure, or premises which renders it unfit
for human habitation or other use. The term "unsafe or unfit" requires the enumerated conditions
to be of such a degree as to be dangerous or injurious to the health and safety of the occupants of
such dwelling, structure, building, or premises, or the occupants of neighboring dwellings,
buildings, structures, or premises or other residents of the City:
1) Whenever any door, aisle, passageway, stairway, or other means of exit is
not of sufficient width or size or is not so arranged as to provide safe and adequate means
of exit in case of fire or panic.
2) Whenever the walking surface of any aisle, passageway, stairway, or other
means of exit is so warped, worn, loose, torn, or otherwise unsafe as to not provide safe
and adequate means of exit in case of fire or panic.
3) Whenever the stress in any materials, member, or portion thereof, due to
dead and live loads, is more than one and one-half times the working stress or stresses
allowed in the Building Code for new buildings of similar structure, purpose, or location.
4) Whenever any portion thereof has been damaged by fire, earthquake,
wind, flood, or by any other cause, to such an extent that the structural strength of
stability thereof is materially less than it was before such catastrophe and is less than the
minimum requirements of the Building Code for new buildings of similar structure,
purpose, or location.
5) Whenever any portion or member or appurtenance thereof is likely to fail,
or to become detached or dislodged, or to collapse and thereby injure persons or damage
property.
6) Whenever any portion of a building, or any member, appurtenance, or
ornamentation on the exterior thereof is not sufficient strength or stability, or is not so
anchored, attached, or fastened in place so as to be capable of resisting a wind pressure of
one-half of that specified in the Building Code for new buildings of similar structure,
purpose, or location without exceeding the working stresses permitted in the Building
Code for such buildings.
7) Whenever any portion thereof has wracked, warped, buckled, or settled to
such an extent that walls or other structural portions have materially less resistance to
winds or earthquakes than is required in the case of similar new construction.
Ordinance Creating PMC 16.50 - 3
Page 69 of 109
8) Whenever the building or structure, or any portion thereof, because of (i)
dilapidation, deterioration, or decay; (ii) faulty construction; (iii) the removal, movement,
or instability of any portion of the ground necessary for the purpose of supporting such
building; (iv) the deterioration, decay, or inadequacy of its foundation; or (v) any other
cause, is likely to partially or completely collapse.
9) Whenever, for any reason, the building or structure, or any portion thereof,
is manifestly unsafe for the purpose for which it is being used.
10) Whenever the exterior walls or other vertical structural members list, lean,
or buckle to such an extent that a plumb line passing through the center of gravity does
not fall inside the middle one-third of the base.
11) Whenever the building or structure, exclusive of the foundations, shows
33% or more damage or deterioration of its supporting member or members, or 50%
damage or deterioration of its non -supporting members, enclosing or outside walls or
coverings.
12) Whenever the building or structure has been so damaged by fire, wind,
earthquake, or flood, or has become so dilapidated or deteriorated as to become (i) an
attractive nuisance to children; (ii) a harbor for vagrants, criminals, or immoral persons;
or as to (iii) enable person to resort thereto for the purpose of committing unlawful or
immoral acts.
13) Whenever any building or structure has been constructed, exists, or is
maintained in violation of any specific requirement or prohibition applicable to such
building or structure provided by the building regulations of this jurisdiction, as specified
in the Building Code or Housing Code, or of any law or ordinance of this state or
jurisdiction relating to the condition, location, or structure of buildings.
14) Whenever any building or structure, which, whether or not erected in
accordance with all applicable laws and ordinances, has in any non -supporting part,
member, or portion less than 50% or in any supporting part, member, or portion less than
66% of the (i) strength, (ii) fire -resisting qualities or characteristics, or (iii) weather -
resisting qualities or characteristics required by law in the case of a newly constructed
building of like area, height, and occupancy in the same location.
15) Whenever a building or structure, used or intended to be used for dwelling
purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty
construction or arrangement, inadequate light, air, or sanitation facilities, or otherwise, is
determined by the health officer to be unsanitary, unfit for human habitation, or in such a
condition that is likely to cause sickness or disease.
16) Whenever a building or structure, because of obsolescence, dilapidated
condition, deterioration, damage, inadequate exits, lack of sufficient fire -resistive
construction, faulty electric wiring, gas connections, or heating apparatus, or other cause,
is determined by the Fire Chief to be a fire hazard.
Ordinance Creating PMC 16.50 - 4
Page 70 of 109
17) Whenever any building or structure is in such a condition as to constitute a
public nuisance known to the common law or in equity jurisprudence.
18) Whenever any portion of a building or structure remains on a site after the
demolition or destruction of the building or structure or whenever any building or
structure is abandoned for a period in excess of six months so as to constitute such
building or portion thereof an attractive nuisance or hazard to the public.
19) Whenever any building, structure, dwelling, or premises, or any portion
thereof, is vacated, is no secured against entry, and is subject to acts of unlawful burning.
The terms "owner" and "person" shall have the same meanings as in the Building Code as
adopted by the City of Pasco.
16.50.040 ENFORCEMENT AUTHORITY AND POWERS.
A) The responsibility for administration and enforcement of this chapter, unless
otherwise provided, is vested in the Code Enforcement Officer as defined in this chapter.
B) The Code Enforcement Officer may exercise such lawful powers as may be
necessary or convenient to effectuate the purposes and provisions of this chapter. These powers
shall include the following in addition to others herein granted:
1) To determine, pursuant to standards prescribed by the Building Code,
which dwellings within the City are unfit for human habitation;
2) To determine, pursuant to standards prescribed by the Building Code,
which buildings, structures, or premises are unfit for other use;
3) To administer oaths and affirmations, examine witnesses and receive
evidence;
4) To investigate the dwelling or other property conditions in the City and to
enter upon premises to make examinations when the Code Enforcement Officer has
reasonable ground for believing they are unfit for human habitation, or for other use.
5) To enter upon private and public property for such purposes and other
purposes of this chapter subject to the provisions of Pasco Municipal Code Section
16.50.150 and in such a manner as to cause the least possible inconvenience to the
person(s) in possession, as determined by the Code Enforcement Officer.
16.50.050 PROCEDURE TO ABATE UNSAFE OR UNFIT STRUCTURES OR
PREMISES.
A) Complaint. If, after a preliminary investigation, the Code Enforcement Officer
finds that any structure or premises is unsafe or unfit, he or she shall cause a written complaint to
Ordinance Creating PMC 16.50 - 5
Page 71 of 109
be served either personally or by certified mail with return receipt requested, upon all persons
having any interest therein, as shown upon the records of the Franklin County Auditor's office,
and shall post the complaint in a conspicuous place on such property. The complaint shall state
in what respects such structure or premises is unsafe or unfit as defined in this chapter and may
include notice of additional penalties or remedies available to the City under other provisions of
the Pasco Municipal Code. If the whereabouts of any of such persons is unknown and cannot be
ascertained by the Code Enforcement Officer in the exercise of reasonable diligence, and the
Code Enforcement Officer makes and files with the City Clerk an affidavit to that effect, then the
serving of the complaint upon such persons may be made either by personal service or by
mailing a copy by certified mail, postage prepaid, return receipt requested, to each such person at
the address of the premises involved in the proceedings, and mailing a copy of the complaint by
first class mail to any address of each such person in the records of the County Assessor or
County Auditor of Franklin County. The complaint shall contain a notice that a hearing will be
held before the Code Enforcement Officer, at a place specified in the complaint, not less than ten
days nor more than thirty days after the serving of said complaint, and that all parties in interest
have the right to file an answer to the complaint, to appear in person, or otherwise, and to give
testimony at the time and place in the complaint. The rules of evidence prevailing in courts of
law or equity shall not be controlling hearings before the Code Enforcement Officer. A copy of
the complaint shall be filed also with the Franklin County Auditor, and the filing of the
complaint or order shall have the same force and effect as other lis pendens notices provided by
law. The complaint shall be substantially in the following form:
In Re: The premises at
(address)
BEFORE THE CITY OF PASCO
BUILDING OFFICIAL
No.
COMPLAINT
TO: The Owners and Occupiers of the premises located at:
(list names, address and whether owner of occupier)
THIS IS TO NOTIFY YOU that the premises or structure which you own or occupy is
unsafe or unfit for the following reasons:
(list facts and applicable PMC Code Section)
A hearing shall be held at (state date, time, and place of hearing) to determine whether
there is sufficient legal cause to order you to take the following action: (list actions requested:
e.g., repair, secure against entry, demolition, etc.). You may file a written answer to this
Complaint with the Code Enforcement Officer by mailing or delivering it to his or her address
listed below. You may also appear at the hearing with or without an attorney. Failure to answer
and/or come to the hearing may result in you being required to take the action described in the
previous paragraph or, failing that, paying for the City of Pasco to take that action.
Ordinance Creating PMC 16.50 - 6
Page 72 of 109
DATED this day of
20
Code Enforcement Officer
City of Pasco
525 North 3rd, Pasco WA 99301
(509) 545-3441
(509) 545-3499 - Facsimile
Personal service upon an owner or other parry in interest under this chapter may be made
by delivering a copy of the complaint or order to that person or by leaving the copy with a person
of suitable age and discretion at the place of residence of the owner or other parry in interest. The
Code Enforcement Officer shall make and retain written proof of service of the complaint
B) Determination - Reference to Building Code. As provided in RCW 35.80.030, the
Code Enforcement Officer may determine that a structure or premises is unsafe or unfit if he or
she finds that one or more defects or conditions exist that are described in Pasco Municipal Code
Section 16.50.030(H), according to minimum standards that are prescribed by the currently
adopted version of the Building Code:
1) For determining the fitness or safety of a dwelling for human habitation,
or any building, structure, or premises for other use;
2) For the use and occupancy of dwellings throughout the City; or
3) For the use and occupancy of any building, structure, or premises used for
any other purpose.
C) General Standards. In general, the determination of whether a structure or
premises should be repaired or demolished, shall be based on the following standards:
1) The degree of structural deterioration of the structure or premises, or
2) The relationship that the estimated cost of repair bears to the value of the
structure as determined by a qualified real estate appraiser engaged by the City for that
purpose.
An undertaking entered into, at, or prior to the hearing, by a parry in interest creates a
presumption that the structure or premises can be reasonably repaired. The failure to accomplish
such an undertaking is grounds for the Code Enforcement Officer to order demolition.
D) Specific Standards for Determining Safety or Fitness -Demolition or Other
Remedies.
1) In reaching a judgment that a structure or premises is unsafe or unfit for
human habitation, the Code Enforcement Officer shall consider: a) dilapidation, (b)
disrepair, (c) structural defects, (d) defects increasing the hazards of fire, accidents, or
Ordinance Creating PMC 16.50 - 7
Page 73 of 109
other calamities, such as parts standing or attached in such manner as to be likely to fall
and cause damage or injury, (e) inadequate ventilation, (f) uncleanliness, (g) inadequate
light, (h) inadequate sanitary facilities, (i) inadequate drainage, 0) substandard
conditions.
2) If these or other conditions are found to exist to an extent dangerous or
injurious to the health or safety of the structure's occupants, or the occupants of
neighboring structures or of other residents of the City of Pasco, and if (a) structural
deterioration is of such degree that (i) vertical members list, lean, or buckle to the extent
that a plumb line passing through the center of gravity falls outside the middle third of its
base, or (ii) thirty-three percent (33%) of the supporting members show damage or
deterioration, or (b) the estimated cost of restoration exceeds sixty percent (60%) of the
value of the structure, or (c) the structure has been damaged by fire or other calamity, the
estimated cost of restoration exceeds thirty percent (30%) of the value of the structure
and it has remained vacant for six months or more, the Code Enforcement Officer shall
order the structure or premises demolished and the land suitably filled and cleared, or
shall order the structure or premises demolished and the land suitably filled and cleared,
or shall order the property immediately vacated and secured as completely as possible
pending demolition. "Value" as used in this paragraph, shall be determined by reference
to a current edition of 'Building Valuation Data" published by the International Code
Council or, if not published, as determined by the Code Enforcement Officer.
E) Alternative Action. If by reason of any of the above conditions, a structure is
unfit, but no public necessity is found for its immediate demolition, the Code Enforcement
Officer may take other action, such as causing the property to be cleaned, cleared, vacated,
secured, or otherwise repaired, which will promote the public health, safety, or general welfare.
F) Findings and Order. If, after the required hearing, the Code Enforcement Officer
determines that the dwelling or other structure or premises is unsafe or unfit for human
habitation or that the structure or premises is unfit for other use, he or she shall make written
findings of fact in support of that determination, and shall issue and cause to be served upon each
owner and party in interest thereof, as provided in Subsection (1) of this section, and shall post in
a conspicuous place on the property, an order which (i) requires the owner or party in interest,
within the time specified in the order, to repair, alter, or improve such dwelling, structure, or
premises to render it fit for human habitation, or for other appropriate use, or to vacate and close
the dwelling, structure, or premises, if that course of action is deemed lawful and reasonable on
the basis of the standards set forth as required in Subsections (3) and (4) of this section; or (ii)
requires the owner or party in interest, within the time specified in the order, to remove or
demolish the dwelling, structure, or premises, if that course of action is deemed lawful and
reasonable on the basis of those standards. An order may require the owner to take effective
steps to board up or otherwise bar access to the structure or premises, if deemed necessary for
public safety, pending further abatement action. The order may be in substantially the same form
which appears below and may include notice of additional penalties or remedies available to the
City under other provisions of this code.
Ordinance Creating PMC 16.50 - 8
Page 74 of 109
In Re: The premises at
(address)
BEFORE THE CITY OF PASCO
BUILDING OFFICIAL
No.
ORDER OF ABATEMENT
ON THE day of , 20 , at a.m./p.m., at (list place,
address), a hearing was held before the City of Pasco Building Official pursuant to notice given
by him/her through a Complaint issued on , 20 (If
applicable list who appeared and short summary of testimony). The Building Official after
hearing made the following Findings of Fact and Conclusions of Law:
1. (List out)
1. (List out)
FINDINGS OF FACT
CONCLUSIONS OF LAW
WHEREON, the Building Official issued the following Order:
DATED this day of
20
Building Official
City of Pasco
525 North 3rd, Pasco WA 99301
(509) 545-3441
(509) 545-3499 - Facsimile
If no appeal is filed as provided in this chapter, a copy of the order shall be filed with the
Franklin County Auditor, and shall be a final order.
The Code Enforcement Officer shall make and retain a record of service, substantially in
the form prescribed in PMC 16.50.050(A), which such modifications as may be appropriate.
Ordinance Creating PMC 16.50 - 9
Page 75 of 109
G) Abatement by City. If the owner, following exhaustion of his or her rights of
appeal, fails to comply with the final order to repair, alter, improve, vacate, close, remove or
demolish the dwelling, structure, or premises, or to take other required action, the Code
Enforcement Officer may direct or cause such dwelling, structure, or premises to be repaired,
altered, improved, vacated, and closed, removed, or demolished, and to take such further steps as
may be reasonable and necessary to prevent access to the structure or premises, for public health
or safety reasons, pending abatement. The Code Enforcement Officer, with the assistance of the
City Attorney, may apply to the Superior Court for any legal or equitable remedy to enforce his
or her order.
16.50.060 ABATEMENT COSTS. The cost of the abatement of such nuisance may
be paid out of the treasury of the City and charged to the owner of the property subject to
abatement. Such cost shall be levied as a special assessment against the real property subject to
abatement and the same shall be collected in the manner provided for collection of local
improvement assessments. The amount of the cost of such repairs, alternations, or
improvements; or vacating and closing; or removal or demolition by the Code Enforcement
Officer, shall be assessed against the real property upon which such cost was incurred unless
such amount has been paid previously, and such cost shall be certified by the City Treasurer to
the County Treasurer as an amount due and owing to the City, pursuant to RCW 35.80.030 §, to
be entered by the County Treasurer as an assessment upon the tax rolls against the property for
the current year and to become a part of the general taxes for that year to be collected at the same
time and with interest at such rates and in such manner as is provided in RCW 84.56.020 §as
now or hereafter amended, for delinquent taxes, and when collected to be deposited to the credit
of the City's general fund. If the dwelling or other structure or premises is removed or
demolished by the Code Enforcement Officer, the officer shall, if possible, sell the materials of
the dwelling, structure, or premises, in the usual manner prescribed by city ordinance for selling
surplus property. If there is no other established procedure, the Code Enforcement Officer shall
sell the materials as public auction pursuant to notice published in the City's official newspaper
or at least ten days prior to the auction. The proceeds of the sale shall be credited against the cost
of the removal or demolition, and if there is any balance remaining, it shall be paid to the parties
entitled thereto, as determined by the Code Enforcement Officer, after deducting costs incident
to the sale.
As provided in RCW 35.80.030, the assessment shall constitute a lien against the
property which shall be of equal rank with state, county, and municipal taxes.
Whenever a building or premises if found to be unsafe or unfit and the cost of demolition
or other abatement must be incurred by the City, there shall be charged against the property the
costs of all administrative proceedings before the Code Enforcement Officer and the Code
Enforcement Board including, but not limited to, salaries, wages, benefits, material, equipment
rental, and other expenses incurred for inspecting, conducting hearings, or otherwise determining
the status of the property.
The Code Enforcement Officer or Code Enforcement Board may modify the time or
methods of payment of such expenses as the condition of the property and the circumstances of
the owner may warrant. In cases of extreme hardship, such expenses may be waived pursuant to
an appropriate written finding by the Code Enforcement Board.
Ordinance Creating PMC 16.50 - 10
Page 76 of 109
16.50.070 RIGHT TO APPEAL. The owner or any party in interest, within thirty
(30) days from the date of service upon him or her and the posting of an order issued by the Code
Enforcement Officer under the provisions of PMC 16.50.060 of this chapter, may appeal by
filing a written notice of appeal, together with the applicable fee, with the Code Enforcement
Board or his or her designee. The appeal need not be in a particular form, but must clearly state
that the person identified in the notice of appeal is the person to whom an order of abatement was
given, the date of the order and notice of the appeal, and the reason or reasons why the person
believes the notice to be in error.
16.50.080 APPEALS.
A) The Code Enforcement Board shall have jurisdiction to hear appeals of orders of
abatement.
1) The Code Enforcement Board or his or her designee shall arrange a
reasonable time and place for hearing the appeal within not less than ten (10) nor more
than twenty (20) days after the appeal has been filed, and notify the person who is
appealing (the "appellant") regarding the designated time and place. The hearing shall be
scheduled so as to allow ten (10) or more days notice to the appellant and all interested
parties and to permit final decision by the Code Enforcement Board within sixty (60)
days after the filing of the appeal. The filing of the notice of appeal shall stay the order of
the Code Enforcement Officer, except insofar as temporary measures of an emergent
nature are required, such as securing the building to minimize any imminent danger to the
public health or safety.
2) The matter must be concluded by the Code Enforcement Board within
sixty (60) days after the date the appeal has been filed unless continued for a specified
time with the consent of the appellant as provided in this section.
3) The Code Enforcement Board shall conduct a full and fair review of the
record of the proceedings before the Code Enforcement Officer, and the action taken. The
hearing shall be on the record and not de novo. Normally the Code Enforcement Board
will not accept new evidence or evidence not made available to the Code Enforcement
Officer in the absence of good cause. However, the Code Enforcement Board may allow
presentation of new evidence at his/her discretion and may continue the matter for that
purpose in the interest of conducting a full and fair hearing, if it will not cause the hearing
to extend beyond the required sixty-day period. With the consent of the appealing party, a
continuance may extend the hearing for a specified number of days beyond that period
for further evidence or deliberation. If the Code Enforcement Board fails to reach a
decision within the required time, or the time extended with the appellant's consent, the
Code Enforcement Officer's order and findings shall be deemed to be those of the Code
Enforcement Board, and shall be deemed final and subject to review by the Superior
Court.
4) The Code Enforcement Board may affirm, modify, reverse, or return with
directions, the action or decision appealed in the event he or she finds an error of law or
the record is not supported by substantiated evidence.
Ordinance Creating PMC 16.50 - 11
Page 77 of 109
5) At the conclusion of the hearing the Code Enforcement Board shall issue a
written decision describing the decision or action appealed, making written findings of
fact and stating the reasons for his or her decision, and making an appropriate order or
orders, notify the appellant in writing of his or her action, and file the decision, findings,
and orders with the Franklin County Auditor. A transcript of the Code Enforcement
Board's decision, findings, and orders shall be made available to the appellant, on
demand.
6) The Code Enforcement Board may promulgate additional written rules of
procedure for the conduct of proceedings, to ensure a prompt and thorough review of
appeals.
7) The decision, findings, and orders of the Code Enforcement Board shall be
reported in the same manner and shall bear the same legal consequences as if issued by
the Code Enforcement Officer, and shall be subject to further review only in the manner
and to the extent provided in Subsection B of this section. If it is not timely and correctly
appealed under Subsection B of this section, the Code Enforcement Board's decision is
final.
B) Any person affected by an order issued by the Code Enforcement Board pursuant
to this section may, within thirty (30) days after the posting and service of the order, petition the
Superior Court for an injunction or other appropriate order restraining the Code Enforcement
Officer from carrying out the provisions of the order. As provided by RCW 35.80.030 9, in all
such proceedings the court may affirm, reverse, or modify the order and the trial shall be de
novo.
C) The order of the Code Enforcement Officer or the Code Enforcement Board may
prescribe times within which demolition or other abatement shall be commenced or completed. If
the action is not commenced or completed within the prescribed time, or if no time is prescribed
within the time limit for appealing, the Code Enforcement Officer may commence the required
abatement action after having taken the legally required steps, if any, to gain entry. If satisfactory
progress has been made and sufficient evidence is presented that the work will be completed
within a reasonable time, the Code Enforcement Officer or the Code Enforcement Board may
extend the time for completion of the work, subject to immediate summary revocation at any
time without further hearing if satisfactory progress is not being made.
D) If the owner is unable to comply with the Code Enforcement Officer's or the
Code Enforcement Board's order within the time required, and the time for appeals to the Code
Enforcement Board or petition to the court has passed, the owner may, for good and sufficient
cause beyond his or her control, request an extension of time in writing supported by affidavit.
The Code Enforcement Officer or Code Enforcement Board may grant a reasonable extension of
time after finding that the delay was beyond the control of the owner. There shall be no appeal or
petition from the denial of an extension of time.
Ordinance Creating PMC 16.50 - 12
Page 78 of 109
5) Any work including demolition, construction, repairs, or alterations required
under this chapter shall be subject to permitting requirements pursuant to the Pasco Municipal
Code.
16.50.090 SERVICE COMPLETED. Service of filing by mail of any complaint,
notice, order, notice of appeal, or other paper under this chapter shall be deemed complete at the
end of the third full day following its deposit in the U.S. Mail, correctly addressed, with postage
prepaid.
16.50.100 SUPPLEMENTAL CHAPTER. Nothing in this chapter shall be construed
to abrogate or impair the powers of the courts or of any department of the City to enforce any
provisions of its ordinances or regulations or to prevent or punish violations of such ordinances
or regulations; and the powers conferred by this chapter shall be in addition and supplemental to
the powers conferred by any other statute or ordinance.
16.50.110 NUISANCES: POWERS RESERVED. Nothing in this chapter shall be
construed to impair or limit in any way the City's power to define and declare nuisances and to
cause their removal or abatement by summary proceedings or otherwise.
16.50.120 ADDITIONAL VIOLATIONS AND PENALTIES.
A) It shall be unlawful and a violation of this chapter to knowingly:
1) To occupy or to allow to be occupied any building or premises ordered
vacated;
2) Failure to comply with any order issued pursuant to this chapter;
3) To obstruct, hinder, or provide false information to any officer or agent of
the City of Pasco or other authorized governmental unit or agency in enforcement of this
chapter.
A violation of this section is a misdemeanor and may be punished by a fine not to exceed
One Thousand Dollars 1,000) and/or jail confinement of nor more than ninety (90) days. Each
day of violation shall constitute a separate offense. In the event of continuing violation or failure
to comply, the second and subsequent days shall constitute a gross misdemeanor, punishable by a
fine not to exceed Five Thousand Dollars ($5,000) and/or imprisonment for not more than three
hundred and sixty-five (365) days or both such fine and imprisonment.
B) As a separate and alternate monetary penalty to the criminal penalty above, there
is hereby imposed a civil penalty for failure to comply with an order of abatement within the
time specified on such order, including but not limited to the following offenses:
1) To occupy or to allow to be occupied any building or premises ordered
vacated;
2) Failure to comply with any order issued pursuant to this chapter;
Ordinance Creating PMC 16.50 - 13
Page 79 of 109
3) To obstruct, hinder, or provide false information to any officer or agent of
the City of Pasco or other authorized governmental unit or agency in enforcement of this
chapter.
Each day of violation shall constitute a separate offense. The daily maximum penalty for
failure to comply with an order of abatement on a first-time violation shall not exceed Five
Hundred Dollars ($500), and shall not exceed a cumulative of Five Thousand Dollars ($5,000)
over the course of ten (10) days. Monetary penalties for repeat violations may exceed these
limits.
16.50.130 EMERGENCIES. The provisions of this chapter shall not prevent the
Code Enforcement Officer or any other officer or agency of the City of Pasco from taking any
other action, summary or otherwise, necessary to eliminate or minimize an imminent danger to
the health or safety of any person or property.
16.50.140 DISCRIMINATION PROHIBITED. All proceedings under this chapter
shall be subject to the anti -discrimination provisions of RCW 35.80.040.
16.50.150 WARRANTS FOR ENTRY.
A) Whenever it is necessary to enter upon private property or the public property of
another governmental agency to carry out the lawful directions of this chapter, the City may
apply to a court of competent jurisdiction for a warrant authorizing the entry upon such property
carry out the same, if permission to enter has been refused by the owner or person in possession,
or if the owner cannot be found or reasonably ascertained.
B) The application for a warrant shall be supported by an affidavit or the testimony
of the officer intending to enter upon the property stating his office, purpose, and authority to so
enter, the owner's or person in possession refusal to permit such entry or the owner's
unavailability, the work, action, or other activity to be conducted upon the property and by whom
and approximate time the activity will be conducted.
C) If the court finds just cause for the issuance of the warrant, it shall subscribe the
same with a return date of not more than ten (10) days following completion of the action or
activity to be conducted upon the property.
D) Nothing in this section is intended to limit, restrict, or otherwise affect the right of
officers or agents of any governmental entity to enter upon private or public property for any
lawful purpose.
16.50.160 ADOPTION OF RCW IN ITS ENTIRETY. The City of Pasco adopts the
entirety of RCW 35.80, including both provisions listed above in this chapter and provisions
listed in RCW 35.80 that are not included expressly in this chapter.
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 16.50 - 14
Page 80 of 109
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:
RAN ' a tMILTA a OXANIN 11011103._►l
Debra L. Clark, City Clerk Leland B. Kerr, City Attorney
Ordinance Creating PMC 16.50 - 15
Page 81 of 109
AGENDA REPORT
FOR: City Council June 28, 2016
TO: Dave Zabell, City Manager Regular Meeting: 7/5/16
FROM: Stan Strebel, Deputy City Manager
SUBJECT: Proposed Charter/By Laws Amendment for Board Composition of Downtown
Pasco Development Authority
I. REFERENCE(S):
Email request from Jacob Gonzalez, DPDA Board President
Proposed Ordinance Adopting Charter Amendment
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to adopt Ordinance No. , amending the Charter, regarding
Board Composition, for the Downtown Pasco Development Authority and, further, to
authorize publication by summary only.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
The Downtown Pasco Development Authority (DPDA) was created by Ordinance of
the City Council in December 2010. The Ordinance provides for the adoption of a
DPDA Charter and By -Laws.
The City Council must approve amendments to the Charter by Ordinance; amendments
to the By -Laws may be made by the DPDA Board but must be in conformance with the
Charter.
The Charter provides for the Board to consist of nine members, five of which are
representative of for-profit businesses or property owners within the downtown area; at
least two members shall be representative of the banking or real estate profession; and
at least two members shall be representative of business or corporate management. (It
is recognized that some of the categories overlap.)
It has been difficult to recruit potential Board members under the Charter/By-Law
requirements; further, it has been difficult to maintain a full Board in membership, so it
Page 82 of 109
is sometimes difficult to meet quorum requirements for meetings.
V. DISCUSSION:
Mayor Watkins and City staff recently met with DPDA Board leadership to discuss the
issues with having full Board membership. Following the meeting, it was proposed-
that
roposedthat the DPDA Board be reduced, in number, from 9 to 7 with a commensurate
reduction in the number of Board members required to come from specific background
areas, and to make the background areas merely goals, as opposed to requirements.
Finally, the proposed revisions provide the DPDA Board with the ability to make
recommendations to the Council on potential Board candidates.
As indicated by the attached email from Jacob Gonzalez, DPDA President, the DPDA
Board has considered and approved the recommended changes. It is hoped that the
recommended changes will improve Board attendance and participation. The attached,
proposed ordinance will begin implementation of the changes at the Charter level.
Assuming Council approves the recommended changes to the Charter, the DPDA
Board will have authority to enact the appropriate By -Law amendments.
This item was discussed at the June 27 Council Workshop meeting.
Staff recommends Council adopt the proposed Ordinance.
Page 83 of 109
Stan Strebel
From: Rick White
Sent: Monday, June 20, 2016 1:54 PM
To: Stan Strebel
Subject: FW: DPDA Charter & Bylaws Amendment
From: Jacob Gonzalez
Sent: Monday, June 20, 2016 12:49 PM
To: Rick White
Subject: DPDA Charter & Bylaws Amendment
Rick, please see below regarding the amendments made by the DPDA Board.
Thank You.
The DPDA Board at its regular meeting of June 16, 2016 approved the revisions to the Charter and By — Laws that
reduced the total DPDA Board membership from 9 to 7; provided for a commensurate reduction in the number of Board
members represented by a particular profession or trade and provided for the those professions or trades on the Board to
be desired rather than mandated. The revisions also provide the DPDA Board with the ability to make recommendations
to Council on potential Board candidates. The Board feels this will improve the consistency of Board attendance and
participation.
Jacob B. Gonzalez
Page 84 of 109
ORDINANCE NO.
AN ORDINANCE of the City of Pasco, Washington, amending the Charter
for the Downtown Pasco Development Authority, Article VI "Board."
WHEREAS, the City Council previously determined that a strong and vibrant downtown
City core is essential to provide for the economic stability of the community, and the source of
services to provide for its citizens and, as a result, established an effective organization structure for
revitalizing the downtown area; and
WHEREAS, created under RCW 35.21.730 through 31.21.755, the Downtown Pasco
Development Authority was determined to be the best organizational structure for revitalization of
the City's downtown area, which was adopted by Ordinance No. 3985, dated December 10, 2010;
and
WHEREAS, the Downtown Pasco Development Authority and the City Council have
determined that the Charter needs to be amended in its requirements for Board structure; NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS
FOLLOWS:
Section 1. That Article VI entitled "Board" of the Charter of the Downtown Pasco
Development Authority shall be and hereby is amended and shall read as follows:
Section 6.1 — Board Composition. The Board of the Authority shall be composed of seven
members. Following the receipt of recommendations of the Board, tThe Mmayor of Pasco shall
appoint all Board members subject to confirmation by the Pasco City Council. It will be the _goal
(but not a requirement) to have Board members with affiliations/backgrounds, as follows: three
Board members shall be as representative of for-profit business or property owners within the
downtown area, and . ^
two members of the Board shall be as representative of the banking
and/or real estate profession and at least two Boar.] members shat be fe eent ive E or business or
corporate management. The Board shall provide for agency liaisons to establish and maintain
constructive working relationships and to seek input regarding potential suitable Board candidates.
The Board anticipates that organizations such as Columbia Basin College, Pasco Chamber of
Commerce and the Tri Cities Hispanic Chamber may appoint such liaisons and be available to the
Board for consultation but shall not have voting privileges.
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 5th day of July, 2016.
Matt Watkins, Mayor
ATTEST:
APPROVED AS TO FORM:
Debra L. Clark, City Clerk Leland B. Kerr, City Attorney
Page 85 of 109
AGENDA REPORT
FOR: City Council June 27, 2016
TO: Dave Zabell, City Manager Regular Meeting: 7/5/16
Rick White, Director
Community & Economic Development
FROM: Dave McDonald, City Planner
Community & Economic Development
SUBJECT: Special Permit: Location of a Car Lot in a C-1 Zone (Robledo) (MF# SP 2016-
006)
I. REFERENCE(S):
Vicinity Map
Proposed Resolution
Report to Planning Commission
Planning Commission Minutes Dated: 5/19/16 & 6/16/16
IL ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. , approving a special permit for
a car sales lot located at 609 W. Lewis Street.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
On May 19, 2016, the Planning Commission conducted a public hearing to determine
whether or not to recommend a special permit be granted for the location of a car sales
lot at 609 W. Lewis Street.
Following the conduct of the public hearing, the Planning Commission reasoned that
with conditions, it would be appropriate to recommend approval of a special permit for
a car lot at 609 W. Lewis Street.
The recommended conditions are contained in the attached Resolution.
No written appeal of the Planning Commission's recommendation has been received.
Page 86 of 109
V. DISCUSSION:
The property in question has been used for automotive related activities since the
original service station and repair shop was built on the property in 1963.
The zoning code was amended in the early 1980's to permit the adaptive reuse of old
service station properties for car sales lots upon review through the special permit
process.
Page 87 of 109
RESOLUTION NO.
A RESOLUTION APPROVING A SPECIAL PERMIT FOR A CAR SALES LOT
LOCATED AT 609 WEST LEWIS STREET.
WHEREAS, Adriana Robledo submitted an application for the location of a car sales lot
at 609 West Lewis Street (Tax Parcel 112043146 & 112043155); and
WHEREAS, the Planning Commission held a public hearing on May 19, 2016 to review
a special permit for the proposed car lot; and,
WHEREAS, following deliberations on June 16, 2016 the Planning Commission
recommended approval of a Special Permit for the car lot with certain conditions;
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO:
1. That a Special Permit is hereby granted to Adriana Robledo for a car sales lot in
an C-1 (Retail Business) District under Master File # SP 2016-006 with the
following conditions:
a. The special permit shall apply to 609 West Lewis Street (Parcel #'s
112043146 & 112043155)
b. At least six parking spaces must be maintained and available for customer use
at all times.
c. The special permit shall be null and void if a City of Pasco business license
has not been obtained by December 31, 2016.
Passed by the City Council of the City of Pasco this 5th day of July, 2016.
Matt Watkins, Mayor
ATTEST:
Debra L. Clark, City Clerk
APPROVED AS TO FORM:
Leland B. Kerr, City Attorney
Page 89 of 109
Item: Auto Sales in a C- I Zone N
Vicinity Applicant: Adriana Robledo w + E
MaP File SP 2016-006
Al"
A"
REPORT TO PLANNING COMMISSION
MASTER FILE NO: SP2016-006
HEARING DATE: 5/19/2016
ACTION DATE: 6/16/2016
BACKGROUND
APPLICANT: Adriana Robledo
1704 Marsh Rd.
Yakima, WA 98901
REQUEST: SPECIAL PERMIT: Location of an auto sales lot in a C-1 (Retail
Business) Zone
1. PROPERTY DESCRIPTION:
Legal: Parcel # 112043146 & 112043155: Lots 25-30 Block 15, Gerry's
Addition
General Location: The 609 West Lewis Street
Property Size: The parcel is contains about 20,900 sq. ft. The existing
building on the property occupies 1,548 square feet.
2. ACCESS: The site is accessed from West Lewis Street
3. UTILITIES: All municipal utilities are currently available to serve the site.
4. LAND USE AND ZONING: The site is currently zoned C-1 (Retail
Business). The site is fully paved and contains an old service station
building that is currently vacant. Surrounding properties are zoned and
developed as follows:
NORTH: R-2 & C-1 -Commercial retail/ office uses
SOUTH: C-3 - Auto Repair
EAST: C-1 Sv C-2 - Vacant Sv Commercial Retail
WEST: C-1 &v C-3 - Commercial retail
5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site for
Commercial uses. Although the Plan does not specifically address vehicle
sales, Policy LU -4-13 encourages planning for commercial centers that
promote functional and economic marketing and operations. In other
words the Plan encourages the concentration of businesses that are
functionally and economically beneficial to be located together.
6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead
agency for this project. Based on the SEPA checklist, the adopted City
Comprehensive Plan, City development regulations, and other
information, a threshold determination resulting in a Determination of
Non -Significance (DNS) has been issued for this project under WAC 197-
11-158.
1
Page 91 of 109
ANAT,VCTC
The applicant is seeking special permit approval to locate a retail vehicle sales
business in a C-1 (Retail Business) zone.
The Pasco Municipal Code (PMC) lists retail automotive sales as a permitted
conditional use in the C-1 zone provided the site meets the following additional
criteria:
a) The site is adjacent the intersection of two arterial streets, or;
b) The site is adjacent a single arterial street; provided it is not adjacent to
or across a public street right-of-way from a residential district, and would not
be located closer than 300 feet to any existing car lot.
The site contains an old service station, is adjacent to an arterial street and is
not adjacent to or across a public street right-of-way from any residentially
zoned parcels (although residential uses exist directly to the north across an
alley) nor is it closer than 300 feet from any other existing car lot. The proposal
therefore meets the criteria to be considered for a special permit.
The site was originally developed in the 1960's with a service station.
Automotive related businesses have occupied the site since 1963. In addition
to containing a service station the site has been used for automotive repairs,
automotive detailing and vehicle rentals. An auto repair shop and detail shop
recently moved from the property.
Within two blocks of the site there are seven automotive related businesses.
These businesses include an auto body shop, several auto repair shops, a
window tinting facility, an audio facility and a car sales lot (the car sales lot is
about 400 feet from the site).
INITIAL STAFF FINDINGS OF FACT
Findings of fact must be entered from the record. The following are initial
findings drawn from the background and analysis section of the staff report.
The Planning Commission may add additional findings to this listing as the
result of factual testimony and evidence submitted during the open record
hearing.
1. The site is zoned C-1 (Retail Business).
2. The site is currently vacant
3. The most recent business activity on the site included auto repair and
auto detailing
0)
Page 92 of 109
4. The property has been used for automotive related businesses for 53
years.
5. Car sales are a conditional use in C-1 zone.
6. The term "conditional use" means auto sales may be approved under
certain circumstance and conditions in one location and not in another
location. The Special Permit review process is used to determine whether
or not a conditional use would be appropriate in a given location.
7. For a C-1 property to qualify for special permit review for a car sales lot,
the property in question would have to either be located at the
intersection of two arterial streets or be located on one arterial street and
not adjacent to or across a public street right-of-way from residentially
zoned properties. A proposed site must also be more than 300 feet from
another auto sales business.
8. In the early 1980's the zoning regulations were amended to add
Automobile sales as a Permitted Conditional Use in the C-1 zone.
9. The Permitted Conditional Uses of PMC 25.42.040 were amended in
1981 to address a growing concern about how to reuse many of the old
service stations in town that had closed. After closing, it was difficult for
the old gas station to be reused because they were built for a single
purpose related to servicing vehicles. The C-1 zone was amended to
specifically allow the adaptive reuse of old service station for car sales
lots.
10. The building on the site was originally built as a service station.
11. Applying of a Special Permit does not guarantee a special permit
application will receive approval.
12. Seven automotive related businesses are located within two blocks of the
property.
TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT
Before recommending approval or denial of a special permit the Planning
Commission must develop findings of fact from which to draw its conclusions
based upon the criteria listed in P.M.C. 25.86.060. The criteria are as follows:
(1) Will the proposed use be in accordance with the goals, policies, objectives
and text of the Comprehensive Plan?
The Comprehensive Plan designates this area for commercial
development. Policy LU -1-1) encourages the clustering commercial
development at major intersections. Policy LU -4-B encourages the
concentration of activities which are functionally and economically
3
Page 93 of 109
beneficial to each other. There are seven automotive related businesses
within two blocks of the proposed site.
(2) Will the proposed use adversely affect public infrastructure?
The proposed use is located along a major arterial and places minimal
demands on the established infrastructure systems. Other permitted
uses such as restaurants and taverns would place a greater demand on
the public infrastructure than this proposed use.
(3) Will the proposed use be constructed, maintained and operated to be in
harmony with existing or intended character of the general vicinity?
The proposed use is consistent with the long established uses that have
occurred on the site. There are seven automotive related businesses
within two blocks of the proposed site.
(4) Will the location and height of proposed structures and the site design
discourage the development of permitted uses on property in the general
vicinity or impair the value thereof?
The proposal involves display of automobiles. Therefore location and
height of structures is not an issue. The existing service station building
will not be altered.
(5) Will the operations in connection with the proposal be more objectionable to
nearby properties by reason of noise, fumes, vibrations, dust, traffic, or
flashing lights than would be the operation of any permitted uses within
the district?
The proposed use will not create more traffic, flashing lights, fumes or
vibrations than many of the permitted uses, such as convenience stores
or fast food restaurants.
(6) Will the proposed use endanger the public health or safety if located and
developed where proposed, or in any way become a nuisance to uses
permitted in the district?
The proposed use is less intense in terms of impact on public health and
safety than many of the permitted uses within the district. Some of the
nearby parking lots will contain as many cars as the proposed auto sales
lot.
:I
Page 94 of 109
APPROVAL CONDITIONS
1) The special permit shall apply to 609 W. Lewis Street (Parcel #s
112043146 8v 112043155.
2) At least six parking spaces must be maintained and available for
customer use at all times.
3) The special permit shall be null and void if a City of Pasco business
license has not been obtained by December 31, 2016.
RECOMMENDATION
MOTION: I move to adopt findings of fact and conclusions
therefrom as contained in the June 16, 2016 staff report.
MOTION: I move, based on the findings of fact and conclusions
therefrom, the Planning Commission recommend the City Council
grant a special permit for the location of an auto sales lot at 609 West
Lewis Street, with conditions as listed in the June 16, 2016 staff
report.
E
Page 95 of 109
Land Use Item: Auto Sales in a G 1 Zone "
Map Applicant: Adriana Robledo W + E
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PLANNING COMMISSION MINUTES
5/19/16
A. Special Permit Location of a Car Lot in a C-1 (Retail Business)
Zone (Adriana Robledo) (MF# SP 2016-007)
Chairman Cruz read the master file number and asked for comments from staff.
Dave McDonald, City Planner, discussed the special permit for the location of a car
sales lot in a C-1 (Retail Business) Zone. He reviewed the history of code provisions on
car sales in C-1 zones where service stations used to be located that require special
permits in C-1 zones.
Commissioner Khan asked if staff could show on a map where other car sale lots are
located in the general vicinity.
Mr. McDonald referenced one on 5th Avenue and Columbia and another one on Lewis
Street, however both were further than 300 feet from the proposed car sales lot.
Chairman Cruz asked if there is a limitation on the number of cars that could be sold
at the lot.
Mr. McDonald responded that the staff report does not limit the number of cars but
the size of the lot and number of required parking spaces will determine how many
cars they could have on the lot.
Commissioner Polk asked if security lighting was addressed in the staff report.
Mr. McDonald responded that it had not.
Chairman Cruz added that such things will be looked at later when they get their
business license and permit.
The applicant was in attendance but chose not to add anything for the record.
With no further comments the public hearing closed.
Commissioner Greenaway moved, seconded by Khan, to close the public hearing and
schedule deliberations, the adoption of findings of fact and development of a
recommendation of City Council for the June 16, 2016 meeting. The motion passed
unanimously.
1
Page 103 of 109
PLANNING COMMISSION MINUTES
6/16/16
A. Special Permit Location of a Car Lot in a C-1 (Retail Business)
Zone (Adriana Robledo) (MF# SP 2016-006)
Chairwoman Khan read the master file number and asked for comments from staff.
Dave McDonald, City Planner, discussed the special permit application for the location
of a car lot in a C-1 zone. He asked the Commissioner's to review the approval
conditions that were handed out prior to the meeting as they were left out of the
mailed staff report. Aside from the addition of the approval conditions, there were no
changes to the staff report since the prior meeting.
Commissioner Greenaway asked if the applicant was aware of the approval conditions
and if they approved of the conditions.
Mr. McDonald stated that the applicants likely have not seen approval conditions
since they were not included in the packet that was posted or mailed.
Rick White, Community & Economic Development Director, approached the applicant
and explained the approval conditions.
Adriana Robledo, the applicant, stated that she agreed with the conditions.
Commissioner Greenaway moved, seconded by Commissioner Bowers, moved to adopt
the findings of fact and conclusions therefrom as contained in the June 16, 2016 staff
report. The motion passed unanimously.
Commissioner Greenaway moved, seconded by Commissioner Bowers, based on the
findings of fact and conclusions therefrom, the Planning Commission recommend the
City Council grant a special permit for the location of an auto sales lot at 609 West
Lewis Street, with conditions as listed in the June 16, 2016 staff report. The motion
passed unanimously.
2
Page 104 of 109
AGENDA REPORT
FOR: City Council June 27, 2016
TO: Dave Zabell, City Manager Regular Meeting: 7/5/16
Ahmad Qayoumi, Public Works Director
FROM: Dan Ford, City Engineer
Public Works
SUBJECT: Midland Lane Extension (South of Sandifer Parkway) - Add to Capital
Improvement Plan and Spending Authority Increase
I. REFERENCE(S):
Vicinity Map
2016-2021 Capital Improvement Plan Project Sheet
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve the addition of the Midland Lane Extension project to
the 2016 Capital Improvement Plan and to increase CII' spending authority and
allocate the funds for the construction of the project as proposed.
III. FISCAL IMPACT:
Private Contribution ($35,000 + $34,000 land) - $69,000
City -owned Property (In-kind) - $34,000
Traffic Impact Fees (signal portion) - $210,000
Real Estate Excise Tax (REET) - $587,000
Utility Fund (Water/Sewer) - $3,000
IV. HISTORY AND FACTS BRIEF:
As the result of an economic development opportunity, the Midland Lane Extension
project, South of Sandifur Parkway, surfaced late in 2015 after the Capital
Improvement Plan for 2016-2021 had already been approved by Council. The project
afforded the opportunity to bundle a traffic planned signal project at Midland and
Sandifur that addresses current conditions and allows for an economy of scale savings.
The proposed improvement consists of three major components: a new traffic signal at
the intersection of Midland and Sandifur Parkway; construction of 300 lineal feet of
street - Midland Lane; and the extension of City utilities, water and sewer, south within
Page 105 of 109
Midland Lane. The rationale, equity, benefit and approximate cost of these
improvements are as follows:
The construction of a new traffic signal to serve the intersection is estimated at
approximately $210,000. The City has been collecting traffic impact fees for years
from nearby projects as development has occurred to fund needed system
improvements, such as the proposed signal. Warrants are now met and it is time to
install the signal.
The signal will provide benefit to both residential and commercial properties in the
area. The area north of Sandifer Parkway has approximately 250 homes while the areas
north and south of the signal contain commercial properties totaling approximately 112
acres, some of which has developed and some still vacant. The signal will improve the
economic viability of the remaining commercial properties. The signal will improve
safety for those using Sandifur Parkway, as it is a principal arterial between Road 68
and the interchange with Interstate 182 at Broadmoor Boulevard.
The properties immediately adjacent to the proposed Midland Lane Extension are a
7.01 acre parcel owned by the City (parcel A) on the west side, and the 13.82 acre
parcel under private ownership (parcel B) to the east. The City -owned parcel will
likely be developed as an automotive related commercial use, the property to the east
was recently purchased by an RV dealership.
The short cul-de-sac proposed, Midland Lane, will serve the City -owned property and
the adjacent 13.82 acre parcel. Water and sewer is proposed to be extended within
Midland Lane to serve these two properties.
Estimated project costs for the project are as follows:
Midland Lane extension
$390,000
Traffic Signal
$210,000
Utility extension(s)
$70,000
Sub Total
$670,000
Contingency (20%)
$134,000
Total $804,000
Proposed funding sources:
REET 1
$500,500
TIF
$210,000
Parcel B mitigation - Traffic Signal
$ 58,500
Parcel B mitigation — Utilities
$ 35,000
Total
$804,000
Page 106 of 109
In addition to applicable mitigation fees, as indicated in the funding table above, as a
condition of development parcel B is required to dedicate land sufficient to install and
maintain traffic signal equipment and construct the extension of Midland Lane,
approximately 13,629 square feet valued at an estimated $35,000 to $42,000.
It is important to note that with respect to the City -owned property, parcel A, these
improvements will increase the value of the property by providing a signalized access
point, development of a public street with pedestrian access, and extension of water
and sewer lines to the property.
The estimated cost of construction for this project ranges between $650,000 and
$700,000. There are also associated costs for project management, inspection, materials
testing, and contingencies, which make up the remaining portion of the amount
requested.
V. DISCUSSION:
Staff is requesting Council approval to add the Midland Lane Extension project to the
2016 Capital Improvement Plan and recommends approving the spending authority for
the construction of the project.
This item was discussed at the June 27, 2016 Council Workshop. Additional
information regarding the funding sources of the project has been included.
Page 107 of 109
im wa i'm
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Located in the City DfPasco, F[@Ok|iO COUOtw. Washington, within portion of the W Y of
Section 8, Township 9 North, Range 29 East, Willamette �Meridian
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NEW MIDLAND
LANE EXTENSION
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City of Pasco
Midland Lane Extension
CP5-ST-4A-I5-21
Project Description
The project includes construction
of a new south leg of the
Sandifur Parkway and Midland
Lane intersection, which ends in
a cul-de-sac. The project also
adds a new traffic signal and
accessible pedestrian signals at
the intersection. Other work
associated with the extension of
the street includes extension of
the water main and irrigation
main, addition of catch basins
with infiltration trenches for
stormwater runoff, addition of
two street lights, upgrading all
ADA curb ramps at the
intersection to meet current
requirements, and the addition of
sidewalk.
Funding Source
Contribution
($ Thousands)
Private Contribution
69
City Owned Prop - In -Kind
34
Traffic Impact Fees
210
Real Estate Excise Tax
587
Water/Sewer Utility
3
Total
I 903
MIDLAND LANE EI'l NSION (SOUIE OF SANDIFUR PARI{VYAY
Located In the City of Pasoo. Franklin County. WaaWngton. within ponion of the W Y2 of
Section S. Township 9 North. Range 29 East, Wirtamette Menirtmn
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II
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Project Phase
Funding
2014 12015 12016 12017 12018 12019 12020 12021
Design
35
4 31
Land & ROW
68
68
Construction
800
800
Total
I 903