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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