HomeMy WebLinkAbout2017.01.23 Council Special Meeting PacketPage
Special Meeting
1. CALL TO ORDER:
2. ROLL CALL:
AGENDA
PASCO CITY COUNCIL
7:00 p.m.
(a) Pledge of Allegiance
January 23, 2017
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.
4 - 8 (a) Approval of Minutes
To approve the Minutes of the Pasco City Council Meeting dated January 3,
2017.
9-14 (b) Bills and Communications
To approve claims in the total amount of $3,090,122.96 ($1,967,196.20 in
Check Nos. 213817-214076; $448,870.43 in Electronic Transfer Nos.
813703-831704, 813753-813756); $26,890.23 in Check Nos. 50131-50157;
$633,985.71 in Electronic Transfer Nos. 30102839-30103335; $13,180.39 in
Electronic Transfer No. 331-336.
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
$74,569.09 and, of that amount, authorize $30,180.54 be turned over for
collection.
15 - 19 (c) 1 Rezone Appeal: Rezone from C-1 (Retail Business) to C-3 (General
Business) (MF# APPL 2017-001)
To set 7:00 p.m., February 21, 2017, as the time and date for a closed record
hearing to consider the appeal of the Planning Commission recommendation
under Master File # APPL 2017-001.
20-25 (d) * Downtown Facade Improvement Program
Page 1 of 71
Special Meeting
January 23, 2017
To approve Resolution No. 3747, amending Resolution No. 2889
authorizing the establishment of a program to improve the fagades of
buildings located in the downtown area of Pasco.
(RC) MOTION: I move to approve the Consent Agenda as read.
4. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND
RESOLUTIONS RELATING THERETO:
26-29 (a) Transportation Improvement Plan Amendment
CONDUCT A PUBLIC HEARING
MOTION: I move to approve Resolution No. 3748, approving the
amendment to the Transportation Improvement Plan 2017-2022.
5. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS:
30-34 (a) Reestablishment of the Finance Director Position
MOTION: I move to adopt Ordinance No. 4334, amending Pasco
Municipal Code Section 2.12 Finance Manager, 2.12.010 Duties, 2.12.020
Oath of Office, and 2.16.030 Bonds and, further, authorize publication by
summary only.
MOTION: I move to approve Resolution No. 3749, delegating to the
Finance Director authority to legally bind the City of Pasco, Washington for
the sole purpose of requesting Federal Reimbursement.
35-60 (b) ® Special Permit: Dwelling units on the upper floors of a building
within a C-2 zone (MF#SP 2016-015)
MOTION: I move to approve Resolution No. 3750, denying a special
permit for long-term dwelling units on the upper floors of a building located
at 414 W. Columbia Street.
6. NEW BUSINESS:
61 -66 (a) Basin Disposal Rate Increase
MOTION: I move to accept the proposed BDI, Inc., rate increase and,
further, to authorize staff to provide public notice of the same.
67-71 (b) * Bid Award — Columbia Water Supply Project
(RC) MOTION: I move to award the Columbia Water Supply project to
Apollo, Inc. in the amount of $7,583,538.00 and, further, authorize the City
Page 2 of 71
Special Meeting
Manager to execute the contract documents.
7. ADJOURNMENT.
January 23, 2017
Page 3 of 71
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 01.03.17
January 10, 2017
Special Meeting: 1/23/17
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve the Minutes of the Pasco City Council Meeting dated January 3, 2017.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
Page 4 of 71
REGULAR MEETING
CALL TO ORDER:
MINUTES
PASCO CITY COUNCIL JANUARY 3, 2017
The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor.
ROLL CALL:
Councilmembers present: Chi Flores, Rebecca Francik, Robert Hoffmann, Tom
Larsen, Saul Martinez and Matt Watkins. Excused: Al Yenney.
Staff present: Dave Zabell, City Manager; Stan Strebel, Deputy City Manager;
Richard Terway, Administrative & Community Services Director; Rick White,
Community & Economic Development Director; Bob Metzger, Police Chief
and Richa Sigdel, Finance Director.
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 December 5,
2016.
Bills and Communications
To approve claims in the total amount of $1,962,829.35 ($1,264,418.84 in
Check Nos. 213337-213558; $698,410.51 in Electronic Transfer Nos. 813354-
813356, 813407, 813439-813440, 813443-813444); $55,089.75 in Check Nos.
50068-50094; $1,018,905.46 in Electronic Transfer Nos. 30101839-30102344;
$2,757,669.27 in Electronic Transfer No. 315-328.
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
$271,550.62 and, of that amount, authorize $192,659.44 be turned over for
collection.
Bills and Communications
To approve claims in the total amount of $1,547,309.30 ($819,633.66 in Check
Nos. 213559-213816; $727,675.64 in Electronic Transfer Nos. 813357-813406,
813408-813438, 813441-813442, 813446-813702); $31,703.00 in Check Nos.
50095-50130; $626,345.80 in Electronic Transfer Nos. 30102346-30102838;
$2,000.00 in Electronic Transfer No. 329.
MOTION: Ms. Francik moved to approve the Consent Agenda as read. Mr.
Martinez seconded. Motion carried by unanimous Roll Call vote.
PROCLAMATIONS AND ACKNOWLEDGEMENTS:
Mayor Watkins presented a proclamation to Colin Hastings, Executive
Director, Pasco Chamber of Commerce, proclaiming January 2-6, 2017 as
Agricultural Week.
Page 1 of 4 Page 5 of 71
MINUTES
REGULAR MEETING PASCO CITY COUNCIL JANUARY 3, 2017
REPORTS FROM COMMITTEES AND/OR OFFICERS:
Mr. Hoffmann and Ms. Francik commented on the 2016 Cable Bridge Run.
HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS
RELATING THERETO:
Annexation: Barker Annexation (MF# ANX 2016-002)
Mr. White explained the details of the proposed ordinances.
Mayor Watkins declared the Public Hearing open to consider the proposed
annexation.
Following three calls for comments, and there being none, Mayor Watkins
declared the Public Hearing closed.
MOTION: Ms. Francik moved to adopt Ordinance No. 4330, relating to
annexation and annexing certain real property to the City of Pasco and, further,
authorize publication by summary only. Mr. Martinez seconded. Motion carried
unanimously.
MOTION: Ms. Francik moved to adopt Ordinance No. 4331, assigning zoning
to the Barker Annexation Area as recommended by the Planning Commission
and, further, authorize publication by summary only. Mr. Martinez seconded.
Motion carried unanimously.
Street Vacation: A Portion of E. Clark Street (MF# VAC 2016-011)
Mr. White explained the details of the proposed ordinance.
Mayor Watkins declared the Public Hearing open to consider the proposed
vacation.
Following three calls for comments, and there being none, Mayor Watkins
declared the Public Hearing closed.
MOTION: Ms. Francik moved to adopt Ordinance No. 4332, vacating a
portion of East Clark Street and, further, authorize publication by summary
only. Mr. Flores seconded. Motion carried unanimously.
Street Vacation: A Portion of Industrial Place (MF# VAC 2016-010)
Mr. White explained the details of the proposed ordinance.
Mayor Watkins declared the Public Hearing open to consider the proposed
vacation.
Following three calls for comments, and there being none, Mayor Watkins
declared the Public Hearing closed.
MOTION: Ms. Francik moved to adopt Ordinance No. 4333, vacating a
portion of Industrial Place and, further, authorize publication by summary only.
Mr. Martinez seconded. Motion carried unanimously.
ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS:
Special Permit: Location of a Cosmetology & Barber School (MF# SP
2016-012)
Page 2 of 4 Page 6 of 71
MINUTES
REGULAR MEETING PASCO CITY COUNCIL JANUARY 3, 2017
Mr. Martinez disclosed he had a discussion with a neighboring business owner
prior to it becoming a Council matter, but feels he can be impartial. There were
no objects to his participation.
Amoldo Sital, 4825 Bermuda Dunes Dr., owner of Chuck's Barber Shop,
requested Council deny the special permit due to lack of parking.
Council and staff discussed the details of the record.
MOTION: Ms. Francik moved to approve Resolution No. 3744, accepting the
Planning Commission's recommendation and approving a special permit for the
location of a Cosmetology & Barber School at 915 W. Court Street. Mr.
Martinez seconded. Motion carried unanimously.
Special Permit: Location of an Early Learning Center in the Senior Center
Building (MF# SP 2016-014)
Mr. White explained the details of the proposed resolution.
MOTION: Ms. Francik moved to approve Resolution No. 3745, accepting the
Planning Commission's recommendation and approving a special permit for the
location of an Early Learning Center at 1315 N. 7th Avenue. Mr. Martinez
seconded. Motion carried unanimously.
Special Permit: Mini -Storage Facility in a C-1 Zone (MF# SP 2016-013)
Council and staff discussed the details of the proposed resolution.
MOTION: Ms. Francik moved to approve Resolution No. 3746, approving a
special permit for the location of a mini -storage facility located on Lot 4 of
Binding Site Plan 2004-08. Mr. Flores seconded. Motion carried unanimously.
NEW BUSINESS:
Utility Easement: Croskrey Water Line Easement (MF# ESMT 2016-001)
Mr. White explained the details of the proposed easement.
MOTION: Ms. Francik moved to accept the water line easement from
Croskrey Properties LLC for Parcel # 117250030 located at 3302 Road 44. Mr.
Martinez seconded. Motion carried unanimously.
MISCELLANEOUS DISCUSSION:
Mr. Zabell reported the City will receive $75,000 from the Main Street Credit
Program, and noted that during the recent snow/ice events, Public Works tallied
618 staff hours, 3,507 lane miles plowed, 150 tons sand and 13,000 gallons of
liquid deicer used. Facilities Division used 450 staff hours and 9,000 lbs of ice
melt at City facilities.
Mayor Watkins inquired whether staff is working on regulations for Uber to
operate in Pasco. Mr. Zabell noted the issue will be on the January 9 workshop
meeting agenda.
Page 3 of 4 Page 7 of 71
REGULAR MEETING
EXECUTIVE SESSION:
MINUTES
PASCO CITY COUNCIL JANUARY 3, 2017
Council adjourned to Executive Session at 7:55 p.m. for approximately 15
minutes to establish sales price or lease amount of real estate with the City
Manager and Deputy City Manager.
Mayor Watkins called the meeting back to order at 8:10 p.m.
ADJOURNMENT:
There being no further business, the meeting was adjourned at 8:10 p.m.
APPROVED:
Matt Watkins, Mayor
ATTEST:
Debra Clark, City Clerk
PASSED and APPROVED this 23rd day of January, 2017
Page 4 of 4 Page 8 of 71
AGENDA REPORT
FOR: City Council
January 12, 2017
TO: Dave Zabell, City Manager Special Meeting: 1/23/17
FROM: Richa Sigdel, Director
Finance
SUBJECT: Bills and Communications
I. REFERENCE(S):
2016 Accounts Payable 01.23.17
2017 Accounts Payable 01.23.17
Bad Debt Write-off/Collection 12.31.16
IL ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve claims in the total amount of $3,090,122.96 ($1,967,196.20 in Check Nos.
213817-214076; $448,870.43 in Electronic Transfer Nos. 813703-831704, 813753-
813756); $26,890.23 in Check Nos. 50131-50157; $633,985.71 in Electronic Transfer
Nos. 30102839-30103335; $13,180.39 in Electronic Transfer No. 331-336.
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 $74,569.09 and, of that amount,
authorize $30,180.54 be turned over for collection.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
Page 9 of 71
CITY OF PASCO
Council Meeting of: January 23, 2017
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 Zabel], City Manager Richa Sigdel, Finance Director
We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this
23rd day of January, 2017 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 SEE ATTACHED
Total Check Amount $1,338,132.88 $0.00 Total Checks $ 1,338,132.88
Electronic Transfer Numbers 813703-813704 331
813753-813754
Total EFT Amount $191,442.15 $2,000.00 Total EFTs $ 193,442.15
Grand Total $ 1,531,575.03
Councilmember
SUMMARY OF CLAIMS BY FUND:
GENERALFUND
STREET
ARTERIAL STREET
STREET OVERLAY
C.D. BLOCK GRANT
HOME CONSORTIUM GRANT
NSP GRANT
MARTIN LUTHER KING COMMUNITY CENTER
AMBULANCE SERVICE
CEMETERY
ATHLETIC PROGRAMS
GOLF COURSE
SENIOR CENTER OPERATING
MULTI -MODAL FACILITY
SCHOOL IMPACT FEES
RIVERSHORE TRAIL & MARINA MAIN
SPECIAL ASSESSMENT LODGING
LITTER ABATEMENT
REVOLVING ABATEMENT
TRAC DEVELOPMENT & OPERATING
PARKS
ECONOMIC DEVELOPMENT
STADIUM/CONVENTION CENTER
LID
GENERAL CAP PROJECT CONSTRUCTION
UTILITY, WATER/SEWER
EQUIPMENT RENTAL - OPERATING GOVERNMENTAL
EQUIPMENT RENTAL - OPERATING BUSINESS
EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL
EQUIPMENT RENTAL - REPLACEMENT BUSINESS
MEDICAL/DENTAL INSURANCE
FLEX
PAYROLL CLEARING
Councilmember
601,547.21
26,538.85
0.00
0.00
8.01
0.00
0.00
1,556.88
10,954.70
78.96
10,685.23
0.00
4,533.45
1,296.91
0.00
0.00
22,964.14
0.00
241.05
0.00
0.00
0.00
0.00
0.00
139,156.71
387,263.15
41,781.44
20,023.96
0.00
0.00
41,981.19
992.94
219, 970.25
GRAND TOTAL ALL FUNDS: $ 1,531,575.03
Page 10 of 71
2016 Expenses Check Numbers
213817-213843
213845-213880
213882-213911
213913-213917
213919
219321-213922
213924-213930
213933-213938
213940-213946
213948
213950
213953-213956
213959-213961
213963-213971
213973-213980
213982
213985
213987-213988
213990-213993
213996-213997
213999
214001-214005
214009-214010
214013
214015-214018
214020
214022-214023
214025-214027
214029-214030
214032-214033
214035-214037
214040
214042-214048
214050-214051
214053-214054
214056-214058
214060
214062-214066
214068-214069
214071
214073-214076
Page 11 of 71
CITY OF PASCO
Council Meeting of: January 23, 2017
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 Zabel[, City Manager Richa Sigdel, Finance Director
We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this
23rd day of January, 2017 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 SEE ATTACHED 50131-50157
Total Check Amount $629,063.32 $26,890.23 Total Checks $ 655,953.55
Electronic Transfer Numbers 813755-813756 30102839-30103335 332-336
Total EFT Amount $257,428.28 $633,985.71 $11,180.39 Total EFTS $ 902,594.38
Grand Total $ 1,558,547.93
Councilmember
Councilmember
SUMMARY OF CLAIMS BY FUND:
GENERAL FUND
61,186.33
STREET
47.76
ARTERIAL STREET
0.00
STREET OVERLAY
0.00
C.D. BLOCK GRANT
0.00
HOME CONSORTIUM GRANT
0.00
NSP GRANT
0.00
MARTIN LUTHER KING COMMUNITY CENTER
90.00
AMBULANCE SERVICE
133.58
CEMETERY
0.00
ATHLETIC PROGRAMS
802.50
GOLF COURSE
39,233.32
SENIOR CENTER OPERATING
395.00
MULTI -MODAL FACILITY
0.00
SCHOOL IMPACT FEES
0.00
RIVERSHORE TRAIL & MARINA MAIN
0.00
SPECIAL ASSESSMENT LODGING
0.00
LITTER ABATEMENT
0.00
REVOLVING ABATEMENT
0.00
TRAC DEVELOPMENT & OPERATING
0.00
PARKS
0.00
ECONOMIC DEVELOPMENT
0.00
STADIUM/CONVENTION CENTER
0.00
LID
0.00
GENERAL CAP PROJECT CONSTRUCTION
512,593.89
UTILITY, WATER/SEWER
4,409.78
EQUIPMENT RENTAL - OPERATING GOVERNMENTAL
3,850.25
EQUIPMENT RENTAL - OPERATING BUSINESS
1,068.18
EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL
0.00
EQUIPMENT RENTAL - REPLACEMENT BUSINESS
0.00
MEDICAL/DENTAL INSURANCE
0.00
FLEX
0.00
PAYROLL CLEARING
934,737.34
GRAND TOTAL ALL FUNDS:
$ 1,558,547.93
Page 12 of 71
2017 Expenses Check Numbers
213844
213881
213912
213918
213920
213923
213931-213932
213939
213947
213949
213951-213952
213957-213958
213962
213972
213981
213983-213984
213986
213989
213994-213995
213998
214000
214006-214008
214011-214012
214014
214019
214021
214024
214028
214031
214034
214038-214039
214041
214049
214052
214055
214059
214061
214067
214070
214072
Page 13 of 71
BAD DEBT WRITE-OFF/COLLECTION
Dec 1— Dec 31. 2016
1. UTILITY BILLING - These are all inactive accounts, 60 days or older. Direct write-off are
under $10 with no current forwarding address, or are accounts in "occupant" status. Accounts
submitted for collection exceed $10.00.
2. AMBULANCE - These are all delinquent accounts over 90 days past due or statements are
returned with no forwarding address. Those submitted for collection exceed $10.00. Direct
write off including DSHS and Medicare customers; the law requires that the City accept
assignment in these cases.
3. COURT ACCOUNTS RECEIVABLE - These are all delinquent non -criminal and criminal
fines, and parking violations over 30 days past due.
4. CODE ENFORCEMENT — LIENS - These are Code Enforcement violation penalties which
are either un -collectable or have been assigned for collections because the property owner has
not complied or paid the fine. There are still liens in place on these amounts which will
continue to be in effect until the property is brought into compliance and the debt associated
with these liens are paid.
5. CEMETERY - These are delinquent accounts over 120 days past due or statements are returned
with no forwarding address. Those submitted for collection exceed $10.00.
6. GENERAL - These are delinquent accounts over 120 days past due or statements are returned
with no forwarding address. Those submitted for collection exceed $10.00.
7. MISCELLANEOUS - These are delinquent accounts over 120 days past due or statements are
returned with no forwarding address. Those submitted for collection exceed $10.00.
Page 14 of 71
Direct
Referred to
Total
Write-off
Collection
Write-off
Utility Billing
$
88.72
11.80
100.52
Ambulance
$
44,299.83
10,352.74
54,652.57
Court A/R
$
.00
.00
.00
Code Enforcement
$
.00
19,816.00
19,816.00
Cemetery
$
.00
.00
.00
General
$
.00
.00
.00
Miscellaneous
$
.00
.00
.00
TOTAL:
$
44,388.55
30,180.54
74,569.09
Page 14 of 71
AGENDA REPORT
FOR: City Council January 11, 2017
TO: Dave Zabell, City Manager Special Meeting: 1/23/17
Rick White, Director,
Community & Economic Development
FROM: Dave McDonald, City Planner
Community & Economic Development
SUBJECT: Rezone Appeal: Rezone from C-1 (Retail Business) to C-3 (General Business)
(MF# APPL 2017-001)
I. REFERENCE(S):
Vicinity Map
Appeal Letter
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to set 7:00 p.m., February 21, 2017, as the time and date for a
closed record hearing to consider the appeal of the Planning Commission
recommendation under Master File # APPL 2017-001.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
On November 17, 2016 the Planning Commission held a public hearing to determine
whether or not to recommend a rezone for the Loyalty Inn property at 1800 West
Lewis Street.
Following conduct of the hearing, the Planning Commission recommended the
property not be rezoned from C-1 to C-3 as requested by the property owner.
The property owner filed a written appeal of the Planning Commission
recommendation.
The appeal requires the City Council to set a time and date for a Closed Record
Hearing. The earliest date available for a Closed Record Hearing (which provides the
Page 15 of 71
necessary notification period and allows for transcript preparation) is February 21,
2017.
V. DISCUSSION:
The Council will receive a copy of the Planning Commission hearing record about a
week before the closed record hearing.
Page 16 of 71
. Item: Rezone from C-1 to C-3
Vicinity
Applicant: Mohinder Sohal W E
Map File: Z 2016-005
# S
all*T-71F
l. ,_ 1. -• -;A,•f ��,a+` ^��-rs-� -. - _._. �� - ,!1 .T 11 .e"'- _ wwr�+s ,:-� :��
.r, b
,_ B01N-N EV.0L' E ST
wlot
0
SITE
_ o
1W
WF
LoyaCty Inn.
1800 W. LEWIS STREET PASCO, WA 99301
(509)574-'0791
Iova ltvinnr)ascoCoDemaiLcom
12/28/2016
Dear City of Pasco Zoning Commission,
I am writing you in reference to Rezone Request MF# Z 2016-005; a request to rezone 1800 W
Lewis Street in Pasco, WA from C-1 to C-3.
The owner Mohinder Sohal placed good faith in city procedure and fairness thereby paying
$825.00 for the process fees required for a rezone.
Judicially established in Washington State in 1969, doctrine requires public hearings that are
adjudicatory or quasi-judicial in nature meet two requirements; hearings must be procedurally
fair, and must appear to be conducted by impartial decision -makers (Buell v. Bremerton, 80
Wn.2d 518, 523, 495 P.2d 1358,1972).
During The Planning Commission Regular Meeting on 11/17/2016, a fair and impartial hearing
did not take place and thereby Washington State Law was violated against Jerry Hudnall whom
was representing The Rezone Request of Mohinder Sohal. This occurred when The
Commissioners failed to give Mr. Hudnall a three-minute rebuttal to objections for the rezone.
The fact cannot be denied that all five previous applicants where allotted a rebuttal except Mr.
Hudnall. These rebuttals generally exceeded three minutes as well and little control was placed
over timing.
Mr. Sohal is seeking to add U -Haul equipment rentals to his existing business. This is the only
reason for this request. He is not seeking any other type of use that could have a negative
impact on the neighborhood and aesthetics there in the surroundings.
The report to The Planning Commission does not give language recommending a denial
exclusively. In reference to page 1, paragraph 6 a determination of non -significance was issued
under WAC 197-11-158. Page 3, paragraph 2 states "Lewis Street is no longer the main
highway through Pasco...." Which has had a negative financial impact on Mr. Sohal's Property
making it a financial burden to Keep and upkeep the property as well as make the
improvements that are so desired. The fact being that the improvements being done are
having to be financed at Mr. Sohal's personal expense. On page 3, paragraph 4 it also states
"Rezoning the property to C-3 may help the property to transition partially to other commercial
uses that could provide funding to stop the physical decline that is occurring on the property at
the present time." Page 5, paragraph 1 states that "The proposal is consistent with the
Page 18 of 71
Comprehensive Pan." On the same page, paragraph 2 says "The proposed C-3 zoning will
permit additional commercial uses to locate on the site which may make it possible for the
property to be better maintained and have less of a detrimental impact on the surrounding
neighborhood." Still on page 5, paragraph 3 continues in saying that "There is merit in
providing an opportunity for a greater range of commercial uses on the property that my lead
to a better maintenance and upkeep."
In conclusion, we hereby object to an appeal fee of $700 as per a fair and impartial hearing did
not take place and thereby Washington State Law was violated. We request the fee be waived
and this be accepted as statement of findings for the appeal committee.
eneral Manager for Loyalty Inn
Page 19 of 71
AGENDA REPORT
FOR: City Council
January 10, 2017
TO: Dave Zabell, City Manager Special Meeting: 1/23/17
Rick White, Director
Community & Economic Development
FROM: Angie Pitman, Urban Development
Coordinator
Community & Economic Development
SUBJECT: Downtown Facade Improvement Program
I. REFERENCE(S):
Proposed Resolution
Downtown Pasco Development Authority Revitalization Area - Exhibit I
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. , amending Resolution No.
2889 authorizing the establishment of a program to improve the fagades of buildings
located in the downtown area of Pasco.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
The City created a fagade improvement program in 2004 for buildings fronting on 4th
Avenue between Clark and Columbia Streets and for buildings fronting on Lewis
between 3rd and 5th Avenues. In 2012, the target area was expanded as shown in
Exhibit I. The program is funded in part through Community Development Block
Grant funds and leverages private investment of the property owner.
Through Resolution 2889, Council outlined the parameters of the program, including
design guidelines, the designated improvement area, maximum funding amounts,
owner contributions and the composition of an advisory committee for reviewing
proposals.
The program which began receiving CDBG funding in 2005, has funded designs for
seven fagade improvements through professional services agreement with Tate
Architects. Two facades involved complete renovation in accordance with the plans
Page 20 of 71
and specifications. Three other facades involving awnings, lights, and signage have
been completed to date. Council has also approved the use of $40,000 for the program
in the 2016 CDBG allocation process.
Council discussed revisions to the fagade improvement program at the workshop
meeting October 10, 2016.
V. DISCUSSION:
Through an ongoing partnership with the Downtown Pasco Development Authority
(DPDA) and development of the Fagade Improvement Program Manual, staff expects
an improved process to encourage more owners to take advantage of the program.
The proposed resolution permits applications for properties outside of the target area
which meet specific criteria and reduces the term of the deferred loan from seven (7)
years to five (5) years.
The DPDA Board has considered the revisions and recommends adoption of the
proposed resolution.
Page 21 of 71
RESOLUTION NO.
A RESOLUTION AMENDING RESOLUTION NO. 2889 AUTHORIZING THE
ESTABLISHMENT OF A PROGRAM TO IMPROVE THE FACADES OF
BUILDINGS LOCATED IN THE DOWNTOWN AREA OF PASCO.
WHEREAS, on September 15, 2003, the City Council adopted the August 5, 2003 Pasco
Downtown Revitalization Action Plan as a general guide for the revitalization of downtown
Pasco; and
WHEREAS, a preferred color palette was compiled by Makers Architecture and Urban
Design for the Pasco downtown revitalization area in with input from stakeholder economic
development organizations, business owners, and property owners, and
WHEREAS, the Action Plan recommends that fagades in the pedestrian shopping core
around 4th Avenue and West Lewis Street be initially improved by selective application of the
recommended color palette and improved signage, to be followed by more substantial building
improvements, and expansion into new priority areas as appropriate; and
WHEREAS, the City Council may approve annual requests for allocation of Federal
Community Development Block Grant (CDBG) funds for the downtown facade improvement
program; now, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO:
Section 1. The City Council directs the City Manager to develop and maintain
administrative procedures and establish a program to provide financial and technical assistance
to improve the fagades of buildings within the downtown revitalization area.
Section 2. The fagade improvement program shall be administered in conformance with
the following principles:
(a) Participation in the program is voluntary. No downtown property or business
owner shall be required to participate in the fagade improvement program or
abide by its standards unless such owner elects to receive financial assistance
from the program.
(b) Proposals for fagade assistance shall be evaluated by a five member advisory
committee which shall make a recommendation to the City Manager regarding
the award of fagade improvement assistance funds. The Fagade Improvement
Advisory Committee shall consist o£
1. The Manager of the Downtown Pasco Development Authority (DPDA)
or board designee
2. The Community & Economic Development Director or designee
Page 22 of 71
3. Three at -large members appointed by the Mayor, two of which shall
own property or a business in the downtown, and one from the DPDA
board.
(c) Applications for assistance shall be evaluated upon the basis of consistency
with the Downtown Action Plan and potential impact on improving the
downtown. More specifically fagade improvements shall:
1. Build a coordinated image consistent with the approved color palette.
2. Promote additional coordination with improved signage and store
graphics.
3. Compliment adjacent building fagades.
4. Use color and patterns in a sophisticated, restrained application that
places vibrant colors on small areas (building highlights) and trim
features, and uses softer, more subdued or muted colors for the main
building elements.
5. Respect the architectural character of existing buildings and
understand that some facade materials such as stone, glazed tile, and
brick are better left unpainted.
(d) Assistance under the program shall give priority to Downtown Pasco
Development Authority Revitalization Area, Exhibit 1. Applications outside
the target area may be accepted with written approval of the Community &
Economic Development Director.
(e) Applications for consideration outside the target area shall:
1. Meet federal, state and local requirements of the Fagade Improvement
Program.
2. Expand public or private efforts for beautification and revitalization of
the Pasco downtown revitalization area.
3. Enhance corridor improvement projects along 4th Avenue and Lewis
Street.
4. Provide high impact physical improvements within the Downtown
Revitalization Area (improves a cluster of buildings, completes a
corner).
(f) Financial assistance shall be for 75% of eligible front costs with the applicant
paying the remaining 25%. The financial assistance shall be in the form of a
deferred payment loan to be forgiven over a five (5) year period at the rate of
20% per year.
(g) The total cost of technical and direct financial assistance shall not exceed
$25,000 per application.
(h) The source of financial assistance shall be CDBG and any other funds
appropriated by the City Council. Grantees shall fully comply with all
Page 23 of 71
applicable regulations for the use of grant funds or be declared in default of
the deferred payment loan.
(i) Eligible use of the funds shall be limited to changes to building exterior
fagades which are visible to pedestrians; specifically: awnings, canopies,
painting, windows, and lighting, entryways, cornices, signage, and fagade
renovations/restorations. Such work shall be consistent with the Downtown
Action Plan and in accordance with federal, state and local regulations.
PASSED by the City Council of the City of Pasco this day of
2017.
Matt Watkins
Mayor
ATTEST:
Debra L. Clark
City Clerk
APPROVED AS TO FORM:
Leland B. Kerr
City Attorney
Page 24 of 71
Legend
_n DPDA Boundary
Original Facade Improvement Area
Expanded Facade Improvement Area
.................
v
c�
CD
N
C3�
O
v
Downtown Pasco
Development Authority
04
_\
GC—
..... .................►.
EXHIBIT I "
W E
S
vim• ;
•
o � _
e4
AGENDA REPORT
FOR: City Council
January 10, 2017
TO: Dave Zabell, City Manager Special Meeting: 1/23/17
Ahmad Qayoumi, Public Works Director
FROM: Dan Ford, City Engineer
Public Works
SUBJECT: Transportation Improvement Plan Amendment
I. REFERENCE(S):
Resolution
Transportation Improvement Plan (TIP) Amendment
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
CONDUCT A PUBLIC HEARING
MOTION: I move to approve Resolution No. approving the amendment to the
Transportation Improvement Plan 2017-2022.
III. FISCAL IMPACT:
None.
IV. HISTORY AND FACTS BRIEF:
In mid-December of 2016, the Benton Franklin Council of Governments contacted
City staff to relate recent changes in State funding policy. In order to utilize funds,
agencies must secure those funds in the beginning of 2017 through a process called
obligation. Obligation ensures that a project is ready for construction and will use the
funds in the near future. The City has determined that the best course of action to
comply with this requirement and retain allocated federal funds is to direct those funds
to the City's most shovel ready qualifying transportation projects; Oregon Avenue
Corridor Improvements - Phase 1, Project No. 12002, and 20th Avenue Safety
Improvements, Project No. 14004.
Both of these projects are in the City's Six -Year Transportation Improvement Plan for
2017-2022, which was approved by resolution at the June 20, 2016 regular meeting of
Page 26 of 71
the City Council. This sets forth the plan for transportation projects and guides funding
of those projects.
V. DISCUSSION:
The proposed amendment updates the TIP to reflect the allocation of the subject federal
funds to the aforementioned projects and modifies the phasing of the Citywide Traffic
Signal Controller Upgrade to reflect phase 1 to be obligated and bid early in 2017 as
well.
This item was discussed at the January 9, 2017 Council Workshop.
Staff recommends approval.
Page 27 of 71
19OLTORlyM[9]t l00
A RESOLUTION TO AMEND THE CITY'S SIX YEAR TRANSPORTATION
IMPROVEMENT PLAN 2017 - 2022.
WHEREAS, the City adopted a "Six -Year Transportation Improvement Plan 2017 — 2022" on
June 20, 2016, and
WHEREAS, the City's Transportation Improvement Plan includes the City's transportation
projects and identifies potential funding sources for each, and
WHEREAS, a project must be listed on the City's TIP in order to receive Surface
Transportation Program (STP) funds, and
WHEREAS, the City would like to transfer previously obtained STP funds to the Oregon
Avenue Corridor Improvements Project and the 20th Avenue Safety Improvements Project; NOW,
THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, that the
City Council supports the transfer of STP funds to the Oregon Avenue Corridor Improvements Project
Phase 1 and the 20th Avenue Safety Improvements Project; and
BE IT FURTHER RESOLVED that the City Council hereby adopts the revisions of the
Comprehensive Street, Storm Drain, and Bridge Programs as attached hereto and labeled "Six -Year
Transportation Improvement Plan 2017 — 2022" incorporated by this reference as though fully set
forth herein; and
BE IT FURTHER RESOLVED that the revisions to the Six -Year Transportation
Improvement Plan 2017-2022 shall be filed with the Benton -Franklin Council of Governments and the
State of Washington.
PASSED by the City Council of the City of Pasco at its regular meeting this 23rd day of
January, 2017.
Matt Watkins
Mayor
ATTEST:
Debra L. Clark
City Clerk
APPROVED AS TO FORM:
Leland B. Kerr
City Attorney
Page 28 of 71
City of Pasco — Six Year Transportation Improvement Plan Year 2017-2022
Amendment No. 1, January 17, 2017
Project Name Location Project Cost Potential Funding Sources
YEAR 2017
V
Citywide Traffic Signal Controller Upgrades Phase 1
Various Locations
$1,500,000.00
STP/Arterial/TAP
(Construction)
V
Citywide Traffic Signal Controller Upgrades Phase 2
Various Locations
$4,500,000.00
STP/Arterial
(Construction)
19
20th Avenue Safety Improvements (Construction)
Lewis Street to Sun
$2,170,000.00
STP/Arterial/Federal Safety Funds
Willows Blvd.
Oregon Avenue Corridor Improvements Phase 1
North of "A" Street
$6,939,350.00
HSIP/Overlay/STP/Federal Safety
Funds
AGENDA REPORT
FOR: City Council
January 12, 2017
TO: Dave Zabell, City Manager Special Meeting: 1/23/17
FROM: Dave Zabell, City Manager
Executive
SUBJECT: Reestablishment of Finance Director Position
I. REFERENCE(S):
Proposed Ordinance
Proposed Resolution
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to adopt Ordinance No. , amending Pasco Municipal Code
Section 2.12 Finance Manager, 2.12.010 Duties, 2.12.020 Oath of Office, and 2.16.030
Bonds and, further, authorize publication by summary only.
MOTION: I move to approve Resolution No. , delegating to the Finance
Director authority to legally bind the City of Pasco, Washington for the sole purpose of
requesting Federal Reimbursement.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
Historically, the Pasco City governmental structure has been organized to provide for a
stand alone Finance department led by a Director. In 1999 the the Finance department
was consolidated as a division into the Administrative and Community Services
department and the Finance Director title was changed to Finance Manager. The Pasco
Municipal Code (PMC) was modified at that time to reflect the title change.
In the years since the city has grown significantly as has the size, demands and scope
of services provided by city finance staff. During the ensuing years, employees serving
in the Finance Manager position have maintained an informal, yet strong and direct
relationship to the City Manager's Office, particularly on matters of policy, budget,
finances and investment of cash.
Page 30 of 71
Recognizing a change in conditions, brought in large part by the transformation of
Pasco over over the past 18 years, along with potential for significant organizational
benefit to formally reestablishing the Finance department, an organizational
realignment was implemented last year. Said realignment reestablished both Finance as
a stand alone department and the position of Finance Director, the change is already
proving itself as a positive to the organization.
The PMC currently references "Finance Manager" in several places, because of the
aforementioned changes, those references need to be changed to "Finance Director".
These housekeeping changes need to occur in Title 2 of the Pasco Municipal Code
entitled "Administration and Personnel", specifically in Section 2.12 Finance Manager;
2.12.010 Duties; 2.12.020 Oath of Office; and 2.16.030 Bonds.
V. DISCUSSION:
The proposed ordinance amendments and resolution are housekeeping in nature and
intended to update the PMC to reflect current organizational structures and provisions
as required through the Pasco Municipal Code and RCW 35.18.
This item was previously discussed at the January 9 Workshop meeting.
Staff recommends approval of the proposed ordinance and resolution.
Page 31 of 71
ORDINANCE NO.
AN ORDINANCE of the City of Pasco, Washington Amending
PMC Section 2.12 Finance Manager; 2.12.010 Duties; 2.12.020
Oath of Office; and 2.16.030 Bonds.
WHEREAS, the City of Pasco has found that amendments to its Finance Manager and
Bonds ordinance are necessary to bring the ordinance into compliance with Pasco Municipal Code
and RCW 35.18; and
WHEREAS, significant changes have occurred since the enactment of Title 2 of the Pasco
Municipal Code entitled "Administration and Personnel" as well as changes in individual sections
which have resulted in inconsistencies and outdated provisions, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. That Section 2.12 entitled "Finance Manager" shall be and hereby is
amended to read "Director of Finance".
Section 2. That Section 2.12.010 entitled "Duties" of the Finance Manager shall be
and hereby is amended and shall read as follows:
2.12.010 DUTIES. The duties of the Director of Finance shall include those provided
herein.
A) Receive Funds. Receive and safely keep all money which comes into his hands as
directed by the City Manager. Issue triplicate receipts for all collections made by him and deliver
one to the person making payment, one to the City Clerk, and keep one in his records. He shall
receive all money due to City and disburse it on checks issued and countersigned by the City
Manager, and not otherwise.
B) Keep records of checks. Keep a record of all checks issued.
C) Call and pay bonds. Call and pay all bonds or bond coupons in their numerical
order whenever funds are available for this purpose and cancel the same when paid.
D) Make monthly statements of business of his office. Make monthly statements of
the business of his office and deliver same to the City Manager.
E) Account of expenditures. The Director of Finance shall keep an accurate account
in a suitable book under the appropriate headings of all expenditures.
F) Other duties required by law. The Director of Finance shall perform all the duties
which are now or may at any future time be required by the laws of the State of Washington or the
ordinances of the City. (Ord. 3545 Sec. 12, 2002; Prior code Sec. 1-5.12.)
Section 3: That Section 2.12.020 entitled "Oath of Office" of the Finance Manager
shall be and hereby is amended and shall read as follows:
Ordinance Amending PMC Section 2.12; 2.12.010; 2.12.020; and 2.16.030
Page 32 of 71
2.12.020 OATH OF OFFICE. Before entering upon the duties of office, a Director of
Finance shall take an oath of office. (Ord. 3545 Sec. 13, 2002; Prior code Sec. 1-5.16.)
Section 4. That Section 2.16.030 of the Pasco Municipal Code entitled 'Bonds " shall
be and hereby is amended and shall read as follows:
2.16.030 BONDS.
A) Before entering into their respective duties, the following City officials shall each
execute a bond to the City conditioned for the honest and faithful performance of their duties
(including the same bond, the duties of all ex officio offices occupied by that official) in the
following penal sums:
1)
Director of Finance
$500,000
2)
City Manager
$50,000
3)
Chief of Police
$10,000
4)
City Clerk
$10,000
B) The official bonds provided above shall be issued by an authorized surety insurer
pursuant to RCW 48.28.010, or an authorized surety insurer as a surplus line pursuant to RCW
48.15, or surety provisions in the above amounts provided as a part of all risk insurance premiums
set forth above shall be paid by the City.
C) The fees for the bonds or insurance premiums set forth above shall be paid by the
City. (Ord. 4136, 2013; Ord. 3545 Sec. 15, 2002.)
Section 4. This Ordinance shall take full force and effect five (5) days after its
approval, passage, and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, and approved as provided
by law this day of , 2017.
Matt Watkins, Mayor
ATTEST:
Debra L. Clark, City Clerk
APPROVED AS TO FORM:
Leland B. Kerr, City Attorney
Ordinance Amending PMC Section 2.12; 2.12.010; 2.12.020; and 2.16.030
Page 33 of 71
RESOLUTION NO.
A Resolution Delegating to the Finance Director authority to legally bind
the City of Pasco, Washington the sole purpose of requesting Federal
Reimbursement.
WHEREAS, the Finance Director has been duly appointed by the City Manager in
accordance with the manager's authority under the Revised Code of Washington, Section 35A;
and
WHEREAS, the Federal Highway Administration, through the state, authorizes federal
transportation funding to the City of Pasco, Washington for transportation projects; and,
WHEREAS, the Code of Federal Regulations, 2 CFR 200.415(a) has been revised to
ensure that final fiscal reports or vouchers requesting payment under federal agreements must
include a certification, signed by an official who is authorized to legally bind the non-federal
agency; and,
WHEREAS, the Finance Director executes all federal grant funding agreements and
supplemental agreements; and,
WHEREAS, in order to seek timely reimbursement for proper expenditures related to
federally -funded grant projects, the City of Pasco delegates to the person appointed as the
Finance Director, the authority to legally bind the City of Pasco, solely for the purpose of
requesting federal grant reimbursement; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO
RESOLVE AS FOLLOWS:
Section 1: For the purposes of requesting reimbursement for federally -funded
transportation projects, the Finance Director shall be delegated authority per 2 CFR 200.415(a)
to legally bind the City of Pasco in furtherance of the intent of this resolution.
Section 2: That the person duly appointed as the Finance Director shall be authorized to
sign all grant reimbursement vouchers for grant -funded transportation projects on behalf of the
City of Pasco.
PASSED by the City Council of the City of Pasco at its regular meeting this day
of January, 2017.
Matt Watkins
Mayor
ATTEST:
Debra Clark
City Clerk
APPROVED AS TO FORM:
Leland B. Kerr
City Attorney
Page 34 of 71
AGENDA REPORT
FOR: City Council
January 11, 2017
TO: Dave Zabell, City Manager Special Meeting: 1/23/17
Rick White, Director
Community & Economic Development
FROM: Jeff Adams, Associate Planner
Community & Economic Development
SUBJECT: Special Permit: Dwelling units on the upper floors of a building within a C-2
zone (MF# SP 2016-015)
I. REFERENCE(S):
Vicinity Map
Proposed Resolution
Report to Planning Commission
Planning Commission Minutes Dated: 11/17/2016 and 12/21/16
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. , denying a special permit for
long-term dwelling units on the upper floors of a building located at 414 W. Columbia
Street.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
On November 17 and December 15, 2016 the Planning Commission conducted a
public hearing to determine whether or not to recommend the location of dwelling units
on the upper floors of a building at 414 West Columbia Street.
Following the conduct of the public hearing, the Planning Commission reasoned it
would be appropriate to recommend denial for the location of dwelling units on the
upper floors.
No written appeal of the Planning Commission's recommendation has been received.
Page 35 of 71
V. DISCUSSION:
Applicant is seeking a special permit to allow dwelling units on the upper floors of a
building in the C-2 zoning district.
In the C-2 zone, a building may be used as a motel (short-term occupancy) or a
commercial/office building. However, for long-term residential use the applicant must
obtain a special permit, obtain a City of Pasco rental dwelling license, and residential
units may not be located on the ground floor.
The history of this site, including code violations and numerous police calls over the
last five years, indicates it will not be operated in accordance with the intended
character of the downtown area, and that it would continue to endanger the public
health and safety.
Page 36 of 71
. Item: Special Permit - Long-Term Res. Rental in C-2 "
Vicinity
Applicant: Song Hwang W E
Map FileP 2016-015
#S S
40
� .
7Z
1 Ai ✓ 1 _ j
OPW
Q
i
.
J4.. F
RESOLUTION NO.
A RESOLUTION DENYING A SPECIAL PERMIT FOR LONG-TERM DWELLING UNITS
ON THE UPPER FLOORS OF A BUILDING LOCATED AT 414 W. COLUMBIA STREET
WHEREAS, Song (Mike) Hwang submitted an application for the location of long-term
dwelling units on the upper floors of a building located at 414 W. Columbia Street. (Tax Parcel # 112 041
282); and,
WHEREAS, the Planning Commission held a public hearing on November 17th 2016 to review a
special permit for the proposed long-term upper -floor long-term dwelling units; and,
WHEREAS, following deliberations on December 21St, 2016 the Planning Commission
recommended denial of a Special Permit for the long-term upper -floor dwelling units, based on the
following findings of fact:
1. The site is zoned C-2 (Central Business District).
2. The site is developed with a 2 -story building.
3. The site has approximately 43 on-site parking places.
4. The building was initially designed and used as a motel.
5. Office, retail, and motel uses may all be located in C-2 zones.
6. Hotel/motel occupancy is considered transient rental and is subject to State of
Washington transient rental income taxes.
7. Residential uses other than short -duration hotel/motel occupancies in the C-2 zoning
district are allowed in commercial zones only with a Special Permit.
8. Long-term residential use requires a City of Pasco rental dwelling license.
9. Residential uses other than short -duration hotel/motel occupancies in the C-2 zoning may
not be located on the ground floor.
10. No zoning change is being considered; the property will retain its C-2 Zoning.
11. There have been 8 Code Enforcement Board cases for this location dealing with 57
specific violations between 2009 and 2016; 38 of those violations occurred in 2016.
12. There have been at least 997 on-site police calls to this location over the last 5 years.
13. Transient rental income is income received from any guest, resident, or other occupant to
whom lodging and other services are furnished under a license to use real property for less than 30
continuous days."
14. The intent of allowing Special Permits for residential uses on upper floors of commercial
buildings is to add "eyes on the street" security to the retail functionality of the downtown.
Page 38 of 71
15. Given the nuisance record of this facility, the evidence suggests that the intent of the
mixed use commercial/residential to reduce or eliminate criminal activity in the downtown area would not
be met with the requested Special Permit for this property.
16. The C-2 zoning district allows for a wide array of office, trade, retail, and entertainment
uses.
15. Based on the findings of fact the City of Pasco issued a SEPA determination of
significance for the proposed long-term upper -floor dwelling units.
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO:
That a Special Permit is hereby denied to Song (Mike) Hwang for long-term dwelling units on the
upper floors of a building within a C-2 Zoning District under Master File # SP 2016-015.
Passed by the City Council of the City of Pasco this 23rd day of January, 2017
Matt Watkins, Mayor
ATTEST:
APPROVED AS TO FORM:
Debra L. Clark, City Clerk Leland B. Kerr, City Attorney
Page 39 of 71
REPORT TO PLANNING COMMISSION
MASTER FILE NO: SP 2016-015 APPLICANT: Song (Mike) Hwang
HEARING DATE: 11/17/2016 414 W. Columbia St
ACTION DATE: 12/15/2016 Pasco, WA 99301
BACKGROUND
REQUEST: SPECIAL PERMIT: Location of dwelling units on the upper floors
of a building within a C-2 zone.
1. PROPERTY DESCRIPTION:
Legal: Lots 1 thru 8, Block 19, Gerry's Add
General Location: 414 West Columbia Street
Property Size: 28,046 square feet (approximately .64 Acres)
2. ACCESS: The site has access from West Columbia Street and North 3rd
Avenue, with an alley along the south property line.
3. UTILITIES: All municipal utilities are available to the site.
4. LAND USE AND ZONING: The property is currently zoned C-2 (Central
Business District) and contains a 3 -story motel now known as the
Thunderbird Motel. Surrounding zoning and land use are as follows:
North - C-2 Commercial and Office uses
East - I-1 Industrial Uses
South- I-1 Tri -City Union Gospel Mission (Under Construction)
West- C-3 Commercial
5. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area
as commercial. The plan does not specifically address the location of
residences above the ground level in the commercial zones; however
policies of the plan can be applied to this situation. Policy H -1-A
encourages the location of medium density residential uses near
shopping and employment centers. Policy H -2-A suggests a full range of
housing environments should be provided. This plan also suggests that
residential use should be in close proximity to the downtown area to
support the service related business of the core.
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, the Notice of
Application 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.
Page 40 of 71
ANALYSIS
Applicant is seeking a special permit to allow dwelling units on the upper floors
of a building in the C-2 zoning district.
The Pasco Municipal Code (PMC) 2 5.44.040 [ 1 ] contains a provision allowing
dwelling units on the upper floors, but not on the ground floors of a
commercial building in C-2 zones with special permit approval. The PMC also
requires that the main floor of the building be designed and intended for a use
permitted within the C-2 zone. This building was originally constructed in 1965
as a three-story motel; however, since the construction of the freeway system
around the City the Lewis Street corridor has ceased to be a main thoroughfare
for travelers.
Code violation complaints for this location have included the following:
1) Building/ remodeling without a permit (2)
2) Trash, and miscellaneous debris, furniture, appliances, junk, unlicensed
vehicles, auto repair, vehicle parts, garbage container not screened,
broken windows, dilapidated metal window guards in rear, weeds in rear.
3) Miscellaneous debris, broken windows.
4) Hole in the bathroom.
5) Dumpsters overflowing.
6) Unlicensed business (long-term apartment rentals).
7) Nuisance business, health/safety violations in motel rooms.
8) Sewer backing up into building.
In addition, out of over 1,400 police calls associated with this location over the
last 5 years (see attached Summary—Pasco Police Calls to 414 W. Columbia
Street) nearly a thousand of those calls (997) were for on-site issues.
In the C-2 zone, a building may be used as a motel (short-term occupancy) or a
commercial/ office building. Motel/hotel use requires a state license, which
enables the State of Washington to collect taxes on transient rental income.
According to the Washington Department of Revenue, "transient rental income
is income received from any guest, resident, or other occupant to whom lodging
and other services are furnished under a license to use real property for less
than 30 continuous days." However, for long-term residential use the applicant
must obtain a special permit, obtain a City of Pasco rental dwelling license, and
residential units may not be located on the ground floor.
2
Page 41 of 71
Although a Special Permit may be granted for residential uses on upper floors
of commercial buildings, the intent of that provision is to allow for mixed-use
commercial/ residential, meaning retail trade at street level with long-term
residential above, with a view that residential uses would add a level of
security—"eyes on the street"—to the retail functionality of the downtown.
Given the nuisance record of this facility, the evidence suggests that the intent
of the mixed use commercial/ residential to reduce or eliminate criminal activity
in the downtown area would not be met with the requested Special Permit for
this property.
Furthermore, the property in question is not limited to motel use, as the C-2
zoning district allows for the following uses:
1) Artist and office supplies;
2) Bakeries;
3) Banks and financial institutions;
4) Barber and beauty shops;
5) Bookstores, except adult bookstores;
6) Clothing, shoes and accessories, and costume rentals;
7) Crafts, stationary and gift shops;
8) Department stores;
9) Fresh and frozen meats, including seafood;
10) Florists;
11) Furniture and home appliance stores;
12) Galleries for art and restored or refinished antiques;
13) Hardware and home improvement stores;
14) Import shops;
15) Jewelry and gem shops, including custom work;
16) Offices for medical and professional services;
17) Restaurants, sandwich shops, cafeterias and delicatessens;
18) Sporting goods;
19) Tailoring and seamstress shops;
20) Theaters for movies and performances, except adult theaters;
21) Public markets for fresh produce and craft work;
22) Parking lots;
23) Micro -breweries and micro -wineries;
24) Research, development and assembly facilities for component devices
and equipment of an electrical, electronic or electromagnetic nature; and
25) Home brewing and/or wine making equipment sales.
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 sections of the staff report.
The Planning Commission may add additional findings to this listing as the
3
Page 42 of 71
result of factual testimony and evidence submitted during the open record
hearing.
1. The site is zoned C-2 (Retail Business).
2. The site is developed with a 2 -story building.
3. The site has approximately 43 on-site parking places.
4. The building was initially designed and used as a motel.
S. Office, retail, and motel uses may all be located in C-2 zones.
6. Hotel/motel occupancy is considered transient rental and is subject to
State of Washington transient rental income taxes.
7. Residential uses other than short -duration hotel/motel occupancies in
the C-2 zoning district are allowed in commercial zones only with a
Special Permit.
8. Long-term residential use requires a City of Pasco rental dwelling license.
9. Residential uses other than short -duration hotel/motel occupancies in
the C-2 zoning may not be located on the ground floor.
10. No zoning change is being considered; the property will retain its C-2
Zoning.
11. There have been at least 8 recent Code violation complaints for this
location.
12. There have been nearly 1,000 on-site police calls (997) to this location
over the last 5 years (see attached Summary Pasco Police Calls to 414
W. Columbia Street).
13. Transient rental income is income received from any guest, resident, or
other occupant to whom lodging and other services are furnished under
a license to use real property for less than 30 continuous days."
14. The intent of allowing Special Permits for residential uses on upper floors
of commercial buildings is to add "eyes on the street" security to the
retail functionality of the downtown.
15. Given the nuisance record of this facility, the evidence suggests that the
intent of the mixed use commercial/ residential to reduce or eliminate
4
Page 43 of 71
criminal activity in the downtown area would not be met with the
requested Special Permit for this property.
16. The C-2 zoning district allows for a wide array of office, trade, retail, and
entertainment uses.
CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT
The Planning Commission must make findings of fact based upon the criteria
listed in P.M. C. 25.86.060. The criteria and staff listed findings are as follows:
1) Will the proposed use be in accordance with the goals, policies, objectives
and text of the Comprehensive Plan?
The site is designated for commercial uses by the Comprehensive Plan. The
plan does not specifically address the location of dwelling units within the C-2
zone, however policies of the plan suggest that residential use should be in
close proximity to the downtown area to support the service related business of
the core.
2) Will the proposed use adversely affect public infrastructure?
The demands of this proposal on the public infrastructure are about the same
as allowed uses in the area. The required municipal utilities are sized to
accommodate demands of a greater intensity than this proposal will place upon
the systems.
3) Will the proposed use be constructed, maintained and operated to be in
harmony with existing or intended character of the general vicinity?
The history of this site, including code violations and numerous police calls
over the last five years, indicates it will not be operated in accordance with the
intended character of the downtown area.
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?
Size, height of the structure and size of the site are constants; the building
already exists.
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?
5
Page 44 of 71
The history of this site, including code violations and numerous police calls
over the last five years, indicates it will 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.
6) Will the proposed use endanger the public health or safety if located and
developed where proposed, or in anyway will become a nuisance to uses
permitted in the district?
The history of this site, including code violations and numerous police calls
over the last five years, indicates it has and would continue to endanger the
public health and safety if located and developed where proposed, and it has
and will continue to be a nuisance to uses permitted in the district.
RECOMMENDATION
MOTION: I move to adopt findings of fact and conclusions therefrom as
contained in the December 15, 2016 staff report.
MOTION: I move, based on the findings of fact and conclusions
therefrom, the Planning Commission recommend the City
Council deny a special permit for the location of dwelling
units on the upper floors of a building located at 414 West
Columbia Street.
C
Page 45 of 71
Summary - Pasco Police Calls to 414 W. Columbia Street
November 2011 to November 2016
Call classification Count I Translation
911HU
30
3
911 Hang -Up
Accident/other
Animal Violation
Officer Assist/Ambulance
Officer Assist/Bar
A/OTH
ANIMAL
1
AS/AMB
11
AS/BAR
2
AS/COURT
1
Officer Assist/Court
AS/FIRE
1
Officer Assist/Fire Department
AS/OTH
24
Officer Assist/Other
AS/OUT
17
Officer Assist/Outside
ASLT/DV
9
Assault/Domestic violence
ASSAULT
8
Assault
AUTO/THE
3
Automobile Theft
BURGLARY
4
Burglary
CANCELLE
1
Cancelled Call
CANCEVT
2
Used for cancel event testing
CHILD/OT
1
Child Other
CHILD/SE
2
Child Sexual Abuse
CIVIL
75
Civil
COUNTERF
2
Counterfeiting
CPS/REFE
1
Child Protective Services referral
DEATH
3
Death
DIS/GOND
71
Disorderly Conduct
DISTURB
15
Disturbance
DOMESTIC
9
Domestic
DUPNCAN
6
Duplicate and Cancel
EX/PATRO
14
Ex Patrol
FIELD
29
Field
FIREWORK
3
Fireworks
FLD/ARR
5
Field Arrest
FLD/CONT
343
Field Contact
FOLLOWUP
37
Follow-up
FRAUD
2
Fraud
GANG
2
Gang -related
HARASS
1
Harassment
HAZARD
1
Hazard
INFO
116
Information
KIDNAP
2
Kidnapping
LEW/COND
2
Lewd Conduct
LOIT
10
Loitering
MAL/MISC
3
Miscellaneous Malicious Behavior
MENTAL
15
Mental Health Issue
NARCOTIC
47
Narcotics
NOISE/OR
6
Noise Ordinance/Loud People/Loud house
Obstruction of Justice
Open Building
Violation of court order
OBSTRUCT
11
OPN/BLDG
1
ORDER/VI
5
Printed 11/29/2016
SP 2016-015 Data Thunderbird 5 -year Page 1 of 2 at PSYEp4t of 71
Summary - Pasco Police Calls to 414 W. Columbia Street
November 2011 to November 2016
PROPERTY
8
Property crimes
Prostitution
Prowler
Recovered Stolen
Robbery
Runaway Returned
Sex Offender
PROSTIT
3
PROWLER
1
REC/STLN
4
ROBBERY
2
RUN/RTN
3
SEX/OFF
1
SRCH/WAR
1
Search Warrant
SUICIDE/
1
Suicide
SUSP/CIR
50
Suspicious Circumstances
SUSP/PER
9
Suspicious Person
THEFT
10
Theft
THEFT/SL
1
Theft
THREATS
3
Threats
TMVWOP
2
Taking Motor Vehicle Without Permission
TRAFFIC
65
Traffic
TRESPASS
144
Trespassing
UNFOUND
10
Unfounded
VEH/ABAN
1
Abandoned Vehicle
WALK
5
Walk -Through
WARNT/OU
15
Outstanding Warrant
WARNT/SE
79
Warrant Served
WELF/CKS
301
Welfare Check
Grand Total
1,405
Printed 11/29/2016
SP 2016-015 Data Thunderbird 5 -year Page 2 of 2 at P;OEPR of 71
. Item: Special Permit - Long -Term Res. Rental in C-2 "
Vicinity
Applicant: Song Hwang W E
Map FileP 2016-015
#S S
40
� .
7Z
1 Ai ✓ 1 _ j
OPW
Q
i
.
J4.. F
Land Use Item: Special Permit -Long-Term Res. Rental in C-2"
Map Applicant: Song Hwang W + E
File #: SP 2016-015 S
Industrial
0
O
'Commercial
1�G
SITE
Industrial
Zoning Item: Special Permit -Long-Term Res. Rental in C-2"
Map Applicant: Song Hwang W � E
File #: SP 2016-015 S
IC -1
C-3
I-1
L
o
SITE
C-3
I-1
Looking North
d
cc
9
i
Looking East
Looking South
v
CD
W
0
v
��
-�� ___-_-__ ''-----''~' _ �"���°�=~
mF . ~-
-
�- ` `
` '
` . ' .
WELCUM
Ta THE HI
■
OF THE
-r-
Site
OTEL
PLANNING COMMISSION MINUTES
11/17/16
E. Special Permit Location of Long Term Rental Units in the
Thunderbird Motel (Hwang) (MF# SP 2016-015)
Chairwoman Roach read the master file number and asked for comments from staff.
Rick White, Community 8s Economic Development Director, discussed the special permit
application for the location of long term rental units in the Thunderbird Motel. The
applicant is requesting residential dwelling units on the upper floor of an existing building
in a C-2 zoning district in the Central Business District at 414 Columbia. The Municipal
Code allows dwelling units on second floors of commercial properties as long as a special
permit is issued. The property was constructed in the mid -60's and Lewis Street was a
much different corridor than it is today. It was the main thoroughfare in and out of town.
That has since changed and the property has degraded in terms of quality of the
provisions for itinerant use. As mentioned in the staff report, there is a series of violations
and issues at this address that seem to be chronic in nature. There are police calls and
information provided to the Planning Commission and a suggestion that one of the issues
is overall management of the property, not necessarily the physical location but rather
how it is managed. The long term dwelling units might not help with those overall
management issues. The staff report contains potential findings of fact, conclusions and a
recommendation from staff to deny this application at the next meeting.
Song Hwang, 414 W. Columbia Street, spoke on behalf of his application.
Jongsuk Chung, 6610 Aintree Drive, helped interpret for Mr. Hwang and represent him.
Mr. Hwang stated that most of his guests are low income. He has 10 units on the second
and third floor of the motel that he would like to rent for long term. Recently he passed
the City inspection. Since he is staying at the motel he does all of the management. He
explained that he retained the police records for this property and in the past year from
January 2015 the police were called 250 times but for 116 of those records there was no
caller or victim listed.
Chairwoman Roach explained the Planning Commission received the police reports in
their packet.
Mr. Hwang went over the police reports. He clarified there are homeless people who sleep
behind his building and use the Thunderbird Motel as their address which often drives up
the number of police reports.
Chairwoman Roach asked if there are more people interested in using the motel for long
term than for the typical use as a motel.
Mr. Hwang replied that his motel has 42 rooms and but only 5-10 rooms are used for long
term uses at this time.
-1-
Page 56 of 71
Commissioner Polk asked Mr. Hwang what his remedies were for dealing with long term
tenants who might be some of the cause of some of the police calls.
Ms. Chung said for Mr. Hwang that the motel has a policy that gives the tenants 3 days'
notice for the first incident and if there is another incident then he makes them vacate.
Commissioner Bykonen asked what the plans are for the street level floors.
Mr. Hwang responded that the first floor will still be a motel. Only the second and third
floors will have long term units.
Chairwoman Roach mentioned code violations in addition to the police reports and asked
the applicant what he has down to remediate these code violations.
Mr. Hwang said the City Inspector came out and they have passed everything.
Chairwoman Roach asked when that inspection took place.
Russell Glatt, 5 Sunflower Court, stated he agreed with staff that the special permit
should not be granted. He stated the property has been an eyesore in Pasco for at least 20
years and just recently Code Enforcement went out on this property and cited numerous
violations - about 37 violations. He said he is also a landlord in Pasco and has been
trained to keep his properties well -kept and when the property is kept up you will attract
better tenants. When the property is not maintained, it will attract accordingly.
Chairwoman Roach asked Mr. Glatt what qualified him for code violations.
Mr. Glatt responded that all of the code violations are public information on the City's
website.
Commissioner Portugal asked if Mr. Glatt was a member of the Code Enforcement Board.
Mr. Glatt said that he was as the Chairman.
Commissioner Portugal asked if there were any corrections to this property when it was
presented to the Code Enforcement Board.
Mr. Glatt answered that this property did come up on their agenda, however, the owner
did not come to the Code Enforcement Board and they were given a continuation to bring
the property into compliance.
Rolando Rodriguez, 7909 W. Dradie Street, stated he owns the building at 117 S. 3rd
Avenue. There was a nuisance ordinance passed by the City Council and this property fits
the description of violating the ordinance. There is already a list of violations at the
property and there have been several problems with the tenants that has spilled over onto
the neighboring properties. He has had two people arrested on his property - one person
attacked his office clerk and another person exposed themselves. He would like to see the
Planning Commission take the staffs recommendation of denying the special permit.
-2-
Page 57 of 71
Ms. Chung translated for Mr. Hwang that the only reason he wanted to have a long term
permit is to have good clients stay longer and have a relationship with management. As a
motel, he doesn't know the character of a person who rents for just 1-2 days but for the
long term tenants he could know.
With no further questions or comments the public hearing closed.
Chairwoman Roach addressed some concerns about the findings of fact. She would like
the inspector's report to be included in the analysis, code violations and the status of this
property as to whether or not it is in compliance.
Commissioner Polk would like to add the applicant's assertion that many of the police
calls and complaints were not at the motel but rather nearby.
Chairwoman Roach clarified that if this special permit application was denied, the
business could still operate as a motel, just not for long term tenants.
Commissioner Greenaway moved, seconded by Commissioner Mendez, to continue the
public hearing to the December 15, 2016 meeting. The motion passed 5 to 1 with
Commissioner Portugal abstaining.
Respectfully submitted,
David McDonald, City Planner
-3-
Page 58 of 71
PLANNING COMMISSION MINUTES
12/21/16
A. Special Permit Location of Long Term Rental Units in the
Thunderbird Motel (Continued from 11/17/16)
Chairwoman Roach read the master file number and asked for comments from staff.
Rick White, Community & Economic Development Director, discussed the special permit
application to locate long term rental units in the Thunderbird Motel. Provided in addition
to the staff report were police reports from the past 5 years at this location.
Commissioner Greenaway asked what the difference was between "Field Arrests" and
"Field Contact" that was listed on the police reports.
Mr. White answered that the "Field Arrests" are actual arrests made on site and "Field
Contact" is where there was no arrest but an Officer was called to that address or nearby
location and that was the closest address. There were no arrests with "Field Contacts".
Commissioner Polk asked for clarification on the address used.
Mr. White responded that the field contacts were not necessarily at the building. The
actual arrests were at the building.
Chairwoman Roach discussed public testimony from the applicant at the prior meeting.
She stated that regardless of whether the hotel owner is in compliance or non-compliance
with the City code, there are people who stay in this motel long term. If the special permit
is not granted, people will still stay long term and they will be out of compliance with the
municipal code. She understood the applicant's need to come into compliance but it would
be more problematic to have someone in a long term unit. This is not an ideal location to
have long term residents and it isn't bringing up the appearance of the downtown area or
the goal of downtown development. She was in agreement with the recommendation to
deny the special permit application.
Commissioner Mendez stated at the public hearing the applicant had said that it was in
the best interest of the City to allow long term residents so that the owner could develop a
relationship between the tenants and to attract the right clientele rather than the
transient population.
Commissioner Greenaway agreed with Commissioner Mendez. She also didn't think it
would be fair to the families that may be staying at the hotel that they would have to get
kicked out.
Commissioner Polk was torn on the issue. Much of the discussions have been on the type
of tenants and state of the property but she didn't know if denying or accepting the special
permit would change any of the issues and shouldn't be what the Planning Commission is
making their decision on but instead, focus on whether a C-2 Zone is appropriate for long
term residential.
Chairwoman Roach asked if staff recommended denial.
-1-
Page 59 of 71
Mr. White responded that the recommendation is to deny the special permit. The concept
behind the decision is that based on the findings and conclusions in the staff report, the
Police Department is being used to manage the tenants. Regardless of the permit being
approved or not, Police will always be managing tenants at this particular location with
the present operator. This proposal does not promote the public health, safety or welfare
and could make it more suspect.
Commissioner Bykonen added that she understood the need for the type of housing that
this property owner is trying to provide; something in between a motel and long term -
such as housing for workers who may be in town for a couple of months but not for a
whole year. While she was a strong supporter of mixed-use residential with retail on the
bottom but not motel use, then long term residential on the same property. It sends a
mixed message and there will still be problems with the Police Department acting as a way
to resolve tenant issues.
Chairwoman Roach said that regardless of the application being approved or not, the
tenant issues will still remain but she didn't want to see the owner punished for trying to
be in compliance.
Commissioner Polk asked if this were to be permitted if the owner would lose some
authority or rights in enforcing that people leave. As with many rentals, you can't just
kick somebody out without due process.
Mr. White answered that if an occupant of a motel, hotel or long term rental unit really
wants to stay put in spite of what the owner wants, they can stay there for some time. It
takes due process to remove them. The law tends to be on the side of the tenant, whether
it is in a motel or long term.
With no further questions or comments the public hearing closed.
Commissioner Mendez moved, seconded by Commissioner Polk, to adopt the findings of
fact and conclusions therefrom as contained in the December 15, 2016 staff report. The
motion passed 6 to 1 with Commissioner Portugal abstaining.
Commissioner Mendez moved, seconded by Commissioner Polk, based on the findings of
fact and conclusions therefrom the Planning Commission recommend the City Council
deny a special permit for the location of dwelling units on the upper floors of a building
located at 414 W. Columbia Street. The motion passed 6 to 1 with Commissioner Portugal
abstaining.
-2-
Page 60 of 71
AGENDA REPORT
FOR: City Council
January 11, 2017
TO: Dave Zabell, City Manager Special Meeting: 1/23/17
FROM: Stan Strebel, Deputy City Manager
Executive
SUBJECT: Basin Disposal Rate Increase
I. REFERENCE(S):
Correspondence from Basin Disposal Inc., Proposed Rate Sheet
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to accept the proposed BDI, Inc., rate increase and, further, to
authorize staff to provide public notice of the same.
III. FISCAL IMPACT:
A 5% rate increase, as capped by the agreement is proposed to begin April 1, 2017.
IV. HISTORY AND FACTS BRIEF:
At the meeting of 1/9/17, a couple of questions were asked for which answers were not
available:
1. Solid waste from Pasco is transferred to the Finley Buttes Landfill in
Boardman, Oregon.
2. Per state law, a 3.6% tax is assessed on solid waste collection and disposal
services. The proceeds of the tax (along with other revenue sources) were
originally designated to go to the state Public Works Assistance Account
(PWAA). Since 2013, the legislature has directed that the PWAA fund be used
to help balance the state's General and Education funds. It appears that this
practice may continue. RCW 43.135.50 states that, "in the 2017-2019 fiscal
biennium, the legislature intends to allocate $73 million of future loan
repayments paid into the PWAA to support basic education."
Council approved a new solid waste collection agreement with Basin Disposal Inc.
(BDI) in December 2015. The agreement is for a 15 -year term (I misstated at the
meeting of 1/9/17, when I indicated 10 years), which renews each year for an
additional year in order to allow BDI time for the amortization of equipment. The
Page 61 of 71
V.
agreement provides for periodic rate increases, based on a number of cost factors to the
contractor, with an annual limit of 5% per year.
Initially, BDI proposed an increase of .4% (based on CPI), to be effective 1/1/17. In
November, subsequent to their initial proposal, BDI received notice from Columbia
Basin, LLC, owner and operator of the transfer station that tipping fees would be
revised upward by 18.5% to $46.25/ton effective 2/1/17.
Tipping fees are a significant component of BDI's operating costs, so much so that the
18.5% increase would translate into a 5.2% increase on BDI rates; however, per the
agreement, the annual cap of 5% can only be implemented.
BDI, therefore, proposes a 5% rate increase to be effective April 1, 2017.
State statute requires that a city provide public notice of 45 days (by newspaper or
mail) for increases to solid waste rates, whether provided as a city service or by private
contractor.
In order to meet the notice requirements, staff proposes to provide notice in the Tri -
City Herald on January 22 and 29, thereafter meeting the legal requirement.
BDI will also provide notice of the increase in mailed communications with customers.
DISCUSSION:
See the attached proposed rate sheet for costs.
Monthly Service
Current
4/17
Residential
96 gallon
$18.45
$19.38
Senior
64 gallon
$ 9.22
$ 9.68
Page 62 of 71
BASIN DISPOSAL, INC.
P. 0. Bax 3850 Pasco, IIA 99302-3850
04 January 2017
Stan Strebel - Deputy City Manager
525 N 3rd Ave
3rd Floor
Pasco, WA 99301
Deputy City Manager Strebel.
(509) 547-2476
800-642-6447
(509)547.8617 fox
2071 N. Commercial Ave.
Posco, 111A 99301
I hope this letter finds you in good health and spirits. Basin Disposal, Inc. (BDI), pursuant to section 6.3.4
(Annual Rate Adjustment) of our COMPREHENSIVE SOLID WASTE COLLECTION AGREEMENT, submitted
to the City of Pasco on 20 July 2016 the first Consumer Price index (CPI) adjustment increase to the Solid
Waste Disposal Rates. This adjustment of 0.4% was scheduled to go into effect on 1 January 2017. On
29 November 2017, BDI notified the City of an increase of 18.5% In tipping fees charged to BDI, which In
turn, resulted In an overall increase in collection rates of 5.2% to be applied to the rates per section
6.3.2 (Adjustment to Tipping Fees and Disposal Fees).
The two contractual rate increases amount to a total increase of 5.6% for the year, Per Section 6.3.4
(Annual Rate Adjustment Cap) of the Agreement, we are limiting the total increase of service rates to
5.0%. Additionally, to accommodate the 45 day notice of rate change being undertaken by the city to its
residents, the aforementioned proposed rate increase to be effective 1 April 2017,
For your convenience, I have attached an amended proposed rate sheet for your review.
The 5.6% total increase for the year also triggers section 6.3.5 (Solid Waste Disposal Cost Adjustment)
section within the agreement. Due to the relatively small incremental increase above the 5% trigger
threshold, and the expense associated with the preparation of documentation associated with a
proposed increase under section 63.5, BDI will limit the requested increase to the 5% defined therein.
Basin Disposal, Inc, is very appreciative of the opportunity to provide services to the City of Pasco.
Sincerely,
Dave Atwell
Pricing Manager
Basin Disposal, Inc.
Encl.
Page 63 of 71
BASIN RECYCLING
SDITRANSFER
MY
NiCONTAINER RENTALS
P. 0. Box 3850 Pasco, IVA 99302-3850
Basin Disposal, Inc.
P.O. Box 3850
2021 Commercial Drive
Pasco, WA 99302
Attention; Dave Atwell
Darrick Dietrich
(509) 547.2476
800-642-6447
(509)547-8617 fox
2021 N. Commerciat Ave,
Pasco, IVA 99301
November 04, 2016
Columbia Basin, L.L.C. (CBLLC) has not had an increase in tipping fees since prior to 2000.
Since that time CBLLC has absorbed increases in operating costs such as fuel, employee wages,
equipment costs, maintenance, and employee benefits. CBLLC has also experienced annual
increases in landfill tipping fees fi•om Waste Connections, Inc. for the past several years.
Therefore, effective February 01, 2017, CBLLC the tipping fee will be $46.25 per ton for solid
waste from areas controlled by RCW 70.95,212, "Solid waste collection companies -- Notice of
changes in tipping fees and disposal rate schedules".
Sincerely,
Steven R Wheatley ----
Columbia Basin, L.L.C.
cc: Leonard Dietrich
GAGIN RECYCLING
0 1 V I S 1 0 N 5
haff
Ni n, fus-h m'fr'
O F C 0 L U M 9 1 A
I r-
NDRTW WEST
CONTAINER
RLNTALS
8 A 5 1 N L. L. C
Page 64 of 71
RECEIVED FEB. 13, 2013 SVA. UT. & TRANS. COMM. ORIGINAL TG -130225
1111 411 Rf1
Tariff No. 93
Company Name/Permit Number: Basin Disposal, Ine. 1 G-118
Registered Trade Name(s)
0 Revised Page No. 30
Item 230 -- Disposal Fees
Charges in this item apply when other items in the tariff specifically refer to this item.
Disposal site name or location)
i e of Material
Fee for Disposal
Columbia Basin LLC
MSW
$39.04 (N) per ton
Cit of Richland Landfill
MSW
$73.00 Aper ton
Waste Management Kennewick Transfer Station MSW
$39.04 N) per ton
City of Walla Walla Sudbury Landfill
MSW
$64.80 N) per ton
FinleyButtes Landfill
MSW
1$23.00 A) per toga
City of Richland Landfill
Concrete, Dirt, Rock
$49.00 (N)_per ton
City of Walla Walla Sudbu Landfill
Concrete, Dirt, Rock
$27.50 Nper ton
Columbia Basin LLC
Green Waste
$$39.04 N) per toh
Columbia Basin LLC
Commingled Recycle $39.04 N) per ton
Finle Buttes Landfill
Asbestos
$75.00 N) per ton
City of Walla Walla Sudbury Landfill
_ Asbestos
$276.00 (A) per ton
# - pjus $28,50 (A) per load fee
$ per
$ per
$ per
$ per
per
-
$ per
$ per
$ per
$ per
$ per
$ per
$ per
is Rer
$ per
State whether fees are per yard, per ton, etc. Include charges assessed for special commodities (tires,
appliances, asbestos, etc.) or special conditions at each specific disposal site. Attach additional
sheets as necessary.
Issued By: Barrick Dietrich, 'President
Issue Date: February 15, 2013
Effective Date: May 1, 2013
Docket No. TG-
(For Official Use Only)
Date:
By:
FOR OFFICIAL
US . 0JVL Y
---Docket o.: J- I.SU225
Agenda Date: Al-ril 25, 2013
Effective Date: May 1, 2013
Page 65 of 71
BASIN DISPOSAL, INC,.
P. 0. Box 3850 Pasco, VJA 99302-3850
CITY OF PASCO a. ALL BDI.01-PASCO "
EFFECTIVE 411117 - 12131/17
All rates now Include an 6.6% City Utility Tax
RESI I MULTI -FAMILY FEES
MONTH
PRORATE
96 GAL- EACH
S
19.38
S 4.48
96 GAL ADDTL - EACH
$
2.00
S 0.46
S ENIOR 64 GAL - EACH
S
9.60
S 2-24
CARRY OUT IROLL OUT -5••25'
$
14.13
S 3.26
RETURN TRIP CHARGE - PER UNIT
S
11,04
S 62.72
OVERFULL CAN - PER UNIT
S
5.02
NIA
RESTART FEE (NONPAY ONLY)
S
43.57
$ 145.83
RESIDENTIAL DEPOSIT
S
35.14
2YD (3 X 3 112 X 5)
TEMP CARTS S SMALL CONTAINERS
EACH
DAILY
RENT
PREPAY
TEMP CART DELIVERY FEE
S
11.04
S
TEMP DAILY RENT
64 GAL PER DUMP
$
7.35 $
5.7B
S 36.76
90 GAL PER DUMP
S
13.62 $
5.76
S 36.76
TEMP CONTAINER DELIVERY FEE
S
21.94
S 62.72
PERM MO RENT
1.0 YD
S 140.56
NIA
MIA
NIA
1.5YD / 300 GAL
$ 145.83
NIA
NIA
NIA
2YD (3 X 3 112 X 5)
S 150.60
NIA
NIA
NPA
3YD (4 X 4 112 X 5)
S
58.02 $
5.78
S 131.27
4YD (4 X 6 X 5)
$
68.62 $
5.78
S 131.27
6YD (6 X 6 X 5)
S
84.28 $
5.78
S 131.27
BYD (6 X 6 X 7)
$
105.28 S
5.78
S 131.27
DROP BOXES
PERM
TEMP
-
PREPAY TEMP, DEPOSIT PERM
S 251.00
S 251.00
S
TEMP DAILY RENT
NIA
S 7.53
173.28
DELIVERY FEE
$ 55.22
S 55.22
RESTART FEE (NONPAY ONLY)
MILEAGE - TO OUTSIDE CITY LIMITS"
$ 3.28
$ 3.26
S
DUM1P FEES, PER TON
S 52.72
S 62.72
PERM MO RENT
I 1 YO S 15 YO
S 140.56
S 140.81
$ 140.56
20 YO
$ 145.58
$ 145.83
S 145.58
30 YO
$ 150.60
S 150.85
S 150.60
40 YO
S 160.64
$ 160.69
S 160.64
50 YO
$ 170.66
$ 170.93
$ 170.68
RESTART FEE (NOWAY ONLY)
$ 43.57
S 4357
S 43.57
GATE CHARGE - PER PICK UP
$ 3.26
S
35.14
TRIP CHARGE
S 55.22
S 56.95
6.0 YD 2X
COMPACTORS
EACH MONTHLY
EXTRA ITEMS - EACH
DELIVERY FEE (IF BDi OWNED)
$
55,22
DUMP FEES
S
52.72
15.25 YD COMP
$
173.28
30.45YO COMP
S
173,26
RESTART FEE (NONPAY ONLY)
S
43.57
MILEAGE- TO OUTSIDE CITY LIMITS"
S
3.26
TRIP CHARGE
S
5522
DISCONNECT FEE PER PICK UP
S
3.26
TURNAROUND CHARGE
S
30.12
MIS( ADDITIONAL CHARGES
EACH MONTHLY
EXTRA ITEMS - EACH
$
3.99
BULKY ITEMSIFURNITURE - EACH
S
14.66
REFRIGERATED APPLIANCES - EACH
S
35.14
STANDARD APPLIANCE - COMM ONLY
S
14.21
REPLACEMENT CAN CHARGE
S
85.34
RETURNED CHECK FEE
S
35.14
GATE CHARGE
$
326 S 14.13
CAR TIRES - EACH
$
5.02
TRUCK TIRES - EACH
$
10.04
STFAM CLEAN <8YD
S
40.66
STEAM CLEAN 8YD
S
100.90
HOURLY RATE (I12HR MIN)
S
95.36
LOCKING CONTAINER PREP
$
95,38
(509)547-2476
800-642-6447
(509)547-8617 fax
2021 N. Commercial Ave.
Pasco, I'1A 99301
COMMERCIAL CAN FEES
MONTH
PRORATE
SPEC PIU
96 GAL - EACH
S
42.16
$ 9.74
$ 2L29
64 GAL - EACH
S
22.79
$ 5.26
$ 16.80
EXTRA ITEMS - EACH
S
3.99
S 138-24
RESTART FEE (NOWAY ONLY)
S
43.57
S 170.99
CARRY OUTIROLL OUT AFTER 5'
S
14.13
S 3.26
S 67.79
OVERSIZEIOVERWEIGHT CART
$
5.25
S 88.53
RETURN TRIP CHARGE - PER UNIT
S
11.04
$ 130.97
GATE CHARGE - PER MONTHIPU
$
14.13
$ 326
EXTRA YARDS - EACH
S
14.86
S 211,01
COMMERCIAL CAN DEPOSIT
S
35.14
S 57.DO
S 7990
S 56.95
6.0 YD 2X
PER
S 112.78
EXTRA
PERM SMALL CONTAINERS
MONTH
PER PIU
SPEC PfU PIU
1.50 YO 1X
S
115,52
S 26.68
S 49,61 S 26.65
t.50 YD 2X
S
222.64
$ 51.42
S 276.49
140 YO 3X
5
336.06
S 77.61
$ 7278
1.50 YD 4X
S
446.33
S 103.08
S 14188
1.50 YD 5X
$
546.10
S 126.12
$ 21343
2.0 YD IX
$
136.52
$ 31.53
S 54.45 S 31.51
2.0 YD 2X
S
262,55
S 60.64
S 345.61
2.0 YD 3X
$
393.82
$ 90.95
S 3.43
2.0 YD 4X
S
519.84
S 120.06
2.0 YD 5X
S
640.61
S 147.95
3.0 YD 1K
$ 157.53
S 36,38
$ 59.30
S 36.36
3.0 YO 2X
S 304.55
S 70.33
3,0 YO 3X
S 45663
$ 105.50
3.0 YO 4X
$ 598.60
S 138-24
3,0 YO 5X
$ 740.38
S 170.99
4.OYD IX
S 194.28
S 44.87
S 67.79
$ 44.84
4.0 YO 2X
S 383.32
S 88.53
4.0 YD 3X
S 567.10
$ 130.97
4.0 YD 4X
S 740,39
$ 170.99
4.0 YO 5K
$ 913.66
S 211,01
6.0 YO IX
$ 246.79
S 57.DO
S 7990
S 56.95
6.0 YD 2X
S 488.34
S 112.78
6.0 YD 3X
$ 724.63
$ 167.35
6.0 YO 4X
S 955.67
S 220.71
6.0 YD SX
S 1,197.21
S 276.49
8.0 YD IX
S 315.06
$ 7278
S 9566
S 72.71
6.0 YD 2X
$ 614.36
S 14188
8.0 YD 3X
S 924.16
$ 21343
0.0 YD 4X
S 1,207.71
S 278.92
8.0 YO 5X
S 1.496.51
S 345.61
EXTRA YARDS - EACH
S 14.86
S 3.43
COMMERCIAL DEPOSIT
1 MONTH SERVICE
PER
EXTRA
FRONTLOAD COMPACTORS
MONTH
PER PIU
SPEC PIU
PIU
2.9YDCOMIPIX
S 178.90
S 41.32
S 64.26
S 41.31
3.OYDCOMP IX
S 215,66
S 49.81
S 72.75
S 49.80
4.0 YD COMP 1X
$ 262.91
$ 60.72
S 83,67
S 60.72
BA YO COMP 1 X
S 341.68
$ 78.91
S 101.66
S 78.91
EXTRA YARDS - EACH
$ 29.72
COMMERCIAL DEPOSIT
1 MONTH SERVICE
COMMERCIAL ADDITIONAL FEES
EACH
RETURN TRIP CHARGE - PER UNIT
S 21.94
CARRY OUTIROLL OUT 5'•25'
S 14.13
S 3.26
OVERWEIGHT CONT. I PER YD
S 14,815
RESTART FEE (NONPAY ONLY)
S 43.57
GATE CHARGE - PER MONTHIPU
S 14.13
S 3.26
-MILEAGE ONLY CHARGED FOR MILES DRIVEN OUTSIDE CITY LIMITS"
Page 66 of 71
AGENDA REPORT
FOR: City Council
January 3, 2017
TO: Dave Zabell, City Manager Special Meeting: 1/23/17
Ahmad Qayoumi, Director
FROM: Dan Ford, City Engineer
Public Works
SUBJECT: Bid Award — Columbia Water Supply Project
I. REFERENCE(S):
Vicinity Map
Bid Tabulation
IL ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to award the Columbia Water Supply project to Apollo, Inc. in the
amount of $7,583,538.00 and, further, authorize the City Manager to execute the
contract documents.
III. FISCAL IMPACT:
$6,743,000 - Drinking Water State Revolving Fund (DWSRF) Loan
$ 840,538 - Planned Revenue Bond Proceeds
IV. HISTORY AND FACTS BRIEF:
This project, undertaken in 2011, is a companion project to the United States Bureau of
Reclamation (USBR) irrigation transmission main the City constructed in 2014. The
coordinated projects are required to ensure a reliable source of raw water for both the
West Pasco Water Treatment Plant (WPWTP) and the City's separate Irrigation Utility.
The project will involve construction of a new raw water intake and pumping structure
including: a circular concrete wet well approximately 30 -foot diameter extending
approximately 85 feet below finished grade; a pump station building above the wet
well with pumps, piping valves and all electrical, instrumentation and control systems
necessary for a complete and functional facility; a 36 -inch steel pipe, installed by
microtunnel boring, from the wet well extending approximately 220 feet to the river;
cylindrical submerged intake screens in the river with an automated screen cleaning
Page 67 of 71
system; approximately 700 linear feet of 30 -inch ductile iron pipe from the pump
station building, within the Court Street right of way, to the existing West Pasco Water
Treatment Plant; half street improvements on Court Street including curb and gutter
and sidewalk; and site work including landscaping and fencing.
The new intake and pump station will be located adjacent to the existing intake, which
will be converted to municipal irrigation service after the new raw water intake is
constructed. The new facility is needed to provide system redundancy and additional
capacity for the City's potable water utility.
Notice of the bid opportunity was published in the Tri -City Herald on October 16 and
23, 2016.
V. DISCUSSION:
On December 7, 2016 the City received six (6) bids for the project. The lowest bid was
from Apollo, Inc., in the amount of $7,583,538. The Engineer's Estimate was
$6,934,500.96 which did not include contingencies taken into consideration for total
project budget approved by Council.
This project has been included in the City's Capital Improvements Plan since 2012 and
represents a total cost of $9,319,550. The design and property acquisition portion of the
project was completed with Grant funds from the Department of Ecology in the amount
of $550,000. The City applied for and received a low interest DWSRF loan in the
amount of $6,810,430 to cover the majority of the construction costs. As the project is
a 2 -year effort, any necessary remaining funding requirements will be secured via a
planned utility revenue bond.
After award of the contract, the starting date of the project will be coordinated with the
contractor. Per the contract specifications, the construction work involves specific "in -
water" work windows and will take approximately two years to complete. The official
contract end date is December 31, 2018.
Staff has reviewed the bid submittal and found no exemptions or irregularities and,
therefore, recommends award of the contract to Apollo, Inc. of Kennewick,
Washington.
Page 68 of 71
VICINITY MAP
Page 69 of 71
v
CD
0
0
BID SUMMARY
Columbia Water Supply Project
ENGINEER'S
S&L Underground, Inc.
McClure & Sons, Inc.
Strider Construction, Inc.
Project No. 11001
ESTIMATE
Bonners Ferry, ID
Mill Creek, WA
Bellingham, WA
City Contract Number: CP7-WT-2A-11-05
Item
Bid Security
5% Bid Bond
5% Bid Bond
5% Bid Bond
No.
ITEM
QTY
UNIT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
1
Columbia Water Supply Project, Complete less Alternative Bid
Items
1
LS
56.110,360.00
$6,110,360.00
$8,300,000.00
$8,300,000.00
$9,405,395.00
$9,405,395.00
$9,446,000.00
$9,446,000.00
2
Force Account Work
1
LS
$100.000.00
$100.000.00
$100,000.00
$100,000.00
$100,000.00
$100,000.00
$100,000.00
$100,000.00
Subtotal Base Bid: $6,210,360.00 $8,400,000.00 $9,505,395.00 $9,546,000.00
Alternative #1
Al
Alternative Al - Cylindrical Static Screens & Air Backwash
System
1
LS
$280.000.00
5280.000.00
$200,000.00
$200,000.00 $320,000.00
$320,000.00
$340,000.00
$340,000.00
Subtotal Alt #1: $280,000.00 $200,000.00 $320,000.00 $340,000.00
Subtotal Base Bid + Alt #1: $6,490,360.00 $8,600,000.00 $9,825,395.00 $9,886,000.00
Sales Tax @ 8.6%: $558,170.96 $739,600.00 $844,983.97 $850,196.00
TOTAL Base Bid + Alt #1: $7,048,530.96 $9,339,600.00 $10,670,378.97 $10,736,196.00
Alternative #2
A2 JAlternative
A2 - Cylindrical Rotating Screen System
1 1
LS I $175.000.00
$175,000.001
$180,000.00
$180,000.00
$238,000.00
$238,000.001
$280,000.00
$280,000.00
Subtotal Alt #2: $175,000.00 $180,000.00 $238,000.00 $280,000.00
Subtotal Base Bid + Alt #2: $6,385,360.00 $8,580,000.00 $9,743,395.00 $9,826,000.00
Sales Tax @ 8.6%: $549,140.96 $737,880.00 $837,931.97 $845,036.00
TOTAL Base Bid + Alt #2: $6,934,500.96 $9,317,880.00 $10,581,326.97 $10,671,036.00
Continued from Previous Sheet
v
CD
v
0
CITY OF PASCO
Columbia Water Supply Project
Project No. 11001
City Contract Number: CP7-WT-2A-11-05
BID DATE: DECEMBER 7, 2016
FILE: Columbia Water Supply Bid Summary.pub
SHEET 2 of 2