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HomeMy WebLinkAbout2017.02.06 Council Meeting PacketRegular Meeting AGENDA PASCO CITY COUNCIL 7:00 p.m. February 6, 2017 Page 1. CALL TO ORDER: 2. ROLL CALL: (a) Pledge of Allegiance 3. CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by roll call vote as one motion (in the form listed below). There will be no separate discussion of these items. If further discussion is desired by Council members or the public, the item may be removed from the Consent Agenda to the Regular Agenda and considered separately. 4 - 7 (a) Approval of Minutes To approve the Minutes of the Pasco City Council Special Meeting dated January 23, 2017. 8 - 12 (b) Bills and Communications To approve claims in the total amount of $4,304,765.27 ($2,994,983.18 in Check Nos. 214077-214376; $1,309,782.09 in Electronic Transfer Nos. 813707-813763, 813766-813814, 813818-814044); $30,451.20 in Check Nos. 50158-50185; $655,097.75 in Electronic Transfer Nos. 30103336- 30103831; $2,000.00 in Electronic Transfer No. 337. 13 - 17 (c) * Final Plat: Linda Loviisa Division 2, Phase 7 (MF# FP 2016-014) To approve the Final Plat for Linda Loviisa, Division 2, Phase 7. (RC) MOTION: I move to approve the Consent Agenda as read. 4. PROCLAMATIONS AND ACKNOWLEDGEMENTS: 5. VISITORS - OTHER THAN AGENDA ITEMS: This item is provided to allow citizens the opportunity to bring items to the attention of the City Council or to express an opinion on an issue. Its purpose is not to provide a venue for debate or for the posing of questions with the expectation of an immediate response. Some questions require consideration by Council over time and after a deliberative process with input from a number of different sources; some questions are best Page 1 of 80 Regular Meeting February 6, 2017 directed to staff members who have access to specific information. Citizen comments will normally be limited to three minutes each by the Mayor. Those with lengthy messages are invited to summarize their comments and/or submit written information for consideration by the Council outside of formal meetings. 6. REPORTS FROM COMMITTEES AND/OR OFFICERS: (a) Verbal Reports from Councilmembers 7. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: 18 - 32 (a) Taxicab and Transportation Network Company Licensing MOTION: I move to adopt Ordinance No. 4335, regarding PMC Chapter 5.45 and creating Chapter 5.45A Taxicab and Transportation Network Company Licensing and amending PMC Section 3.07.050 to establish License Fees and, further, to authorize publication by summary only. 33 - 39 (b) Chronic Nuisance Ordinance MOTION: I move to adopt Ordinance No. 4336, amending PMC Section 9.63.020 "Definitions" and, further, authorize publication by summary only. 40 - 57 (c) Q* Rezone: C-1 (Retail Business) to R-3 (Medium Density Residential) (MF# Z 2016-006) MOTION: I move to adopt Ordinance No. 4337, rezoning Lot "B" Majestia Place from C-1 (Retail Business) to R-3 (Medium Density Residential) and, further, authorize publication by summary only. 58 - 77 (d) Q* Special Permit: Location of a Church in a C-1 Zone (MF# SP 2016- 016) MOTION: I move to approve Resolution No. 3751, accepting the Planning Commission's recommendation and approving a Special Permit for the location of a church at 5202 Outlet Drive. 9. UNFINISHED BUSINESS: 10. NEW BUSINESS: 78 - 80 (a) * Upgrade of TV Broadcast Equipment Page 2 of 80 Regular Meeting February 6, 2017 MOTION: I move to approve the purchase and installation of TV broadcast equipment per the proposal from Advanced Broadcast Solutions, in the amount of $116,649.10 including sales tax and, further, to authorize the City Manager to execute the contract. 11. MISCELLANEOUS DISCUSSION: 12. EXECUTIVE SESSION: 13. ADJOURNMENT. (RC) Roll Call Vote Required * Item not previously discussed Q Quasi-Judicial Matter MF# “Master File #....” REMINDERS:  1:30 p.m., Monday, February 6, TRIOS - Emergency Medical Services Board Meeting. (COUNCILMEMBER TOM LARSEN, Rep.; AL YENNEY, Alt.)  6:00 p.m., Monday, February 6, Conference Room #1 - Old Fire Pension Board Meeting. (COUNCILMEMBER REBECCA FRANCIK, Rep.; SAUL MARTINEZ, Alt.)  7:00 a.m., Thursday, February 9 - BFCG Tri-Mats Policy Advisory Committee Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; REBECCA FRANCIK, Alt.)  7:00 p.m., Thursday, February 9 - Ben-Franklin Transit Board Meeting. (MAYOR MATT WATKINS, Rep.; COUNCILMEMBER CHI FLORES, Alt.) This meeting is broadcast live on PSC-TV Channel 191 on Charter Cable and streamed at www.pasco-wa.gov/psctvlive. Audio equipment available for the hearing impaired; contact the Clerk for assistance. Page 3 of 80 AGENDA REPORT FOR: City Council January 27, 2017 TO: Dave Zabell, City Manager Regular Meeting: 2/6/17 FROM: Rick Terway, Director Administrative & Community Services SUBJECT: Approval of Minutes I. REFERENCE(S): Minutes 01.23.17 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve the Minutes of the Pasco City Council Special Meeting dated January 23, 2017. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 4 of 80 SPECIAL MEETING MINUTES PASCO CITY COUNCIL JANUARY 23, 2017 CALL TO ORDER: 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, Saul Martinez and Matt Watkins. Excused: Tom Larsen, Al Yenney. Staff present: Stan Strebel, Deputy City Manager; Leland Kerr, City Attorney; Richard Terway, Administrative & Community Services Director; Rick White, Community & Economic Development Director; Bob Metzger, Police Chief; Bob Gear, Fire Chief and Dan Ford, City Engineer. The meeting was opened with the Pledge of Allegiance, led by a member of Boy Scout Troop 911. CONSENT AGENDA: Approval of Minutes To approve the Minutes of the Pasco City Council Meeting dated January 3, 2017. 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. 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. Downtown Facade Improvement Program To approve Resolution No. 3747, amending Resolution No. 2889 authorizing the establishment of a program to improve the façades of buildings located in the downtown area of Pasco. MOTION: Ms. Francik moved to approve the Consent Agenda as read. Mr. Martinez seconded. Motion carried by unanimous Roll Call vote. Page 1 of 3 Page 5 of 80 SPECIAL MEETING MINUTES PASCO CITY COUNCIL JANUARY 23, 2017 HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: Transportation Improvement Plan Amendment Mr. Ford explained the details of the proposed TIP amendment. Mayor Watkins declared the Public Hearing open to consider the proposed TIP amendment. Following three calls for comments, and there being none, Mayor Watkins declared the Public Hearing closed. MOTION: Ms. Francik moved to approve Resolution No. 3748, approving the amendment to the Transportation Improvement Plan 2017-2022. Mr. Flores seconded. Motion carried unanimously. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: Reestablishment of the Finance Director Position MOTION: Ms. Francik moved 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. Mr. Martinez seconded. Motion carried unanimously. MOTION: Ms. Francik moved 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. Mr. Martinez seconded. Motion carried unanimously. Special Permit: Dwelling units on the upper floors of a building within a C -2 zone (MF#SP 2016-015) Council and staff discussed the proposed special permit. MOTION: Ms. Francik moved 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. Mr. Martinez seconded. Motion carried unanimously. NEW BUSINESS: Basin Disposal Rate Increase Council and staff discussed the proposed rate increase. Darrick Dietrich, President, Basin Disposal, Inc., explained the details of the proposed rate increase. MOTION: Ms. Francik moved to accept the proposed BDI, Inc., rate increase and, further, to authorize staff to provide public notice of the same. Mr. Flores seconded. Motion carried unanimously. Page 2 of 3 Page 6 of 80 SPECIAL MEETING MINUTES PASCO CITY COUNCIL JANUARY 23, 2017 Bid Award – Columbia Water Supply Project Mr. Ford explained the details of the proposed project. MOTION: Ms. Francik moved 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. Mr. Martinez seconded. Motion carried by unanimous Roll Call vote. ADJOURNMENT: There being no further business, the meeting was adjourned at 7:29 p.m. APPROVED: ATTEST: Matt Watkins, Mayor Sandy Kenworthy, Interim City Clerk PASSED and APPROVED this 6th day of February, 2017 Page 3 of 3 Page 7 of 80 AGENDA REPORT FOR: City Council TO: Dave Zabell, City Manager Regular Meeting: 2/6/17 FROM: Richa Sigdel, Director Finance SUBJECT: Bills and Communications I. REFERENCE(S): 2016 Accounts Payable 02.06.17 2017 Accounts Payable 02.06.17 Check Numbers Accounts Payable 02.06.17 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve claims in the total amount of $4,304,765.27 ($2,994,983.18 in Check Nos. 214077-214376; $1,309,782.09 in Electronic Transfer Nos. 813707-813763, 813766- 813814, 813818-814044); $30,451.20 in Check Nos. 50158-50185; $655,097.75 in Electronic Transfer Nos. 30103336-30103831; $2,000.00 in Electronic Transfer No. 337. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 8 of 80 February 6, 2017 Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined Check Numbers SEE ATTACHED Total Check Amount $1,086,804.68 $0.00 Total Checks 1,086,804.68$ Electronic Transfer Numbers SEE ATTACHED Total EFT Amount $468,901.99 Total EFTs 468,901.99$ Grand Total 1,555,706.67$ Councilmember 537,720.75 32,508.05 0.00 0.00 3,869.86 1,563.78 0.00 1,632.25 6,493.12 199.93 8,195.35 0.00 3,777.07 1,507.92 121,758.00 337.54 0.00 0.00 2,101.26 0.00 0.00 18,400.00 76.00 0.00 335,814.94 418,523.47 1,949.39 2,324.88 0.00 56,953.11 0.00 0.00 0.00 GRAND TOTAL ALL FUNDS:1,555,706.67$ EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL EQUIPMENT RENTAL - REPLACEMENT BUSINESS MEDICAL/DENTAL INSURANCE FLEX PAYROLL CLEARING STADIUM/CONVENTION CENTER LID GENERAL CAP PROJECT CONSTRUCTION UTILITY, WATER/SEWER EQUIPMENT RENTAL - OPERATING GOVERNMENTAL EQUIPMENT RENTAL - OPERATING BUSINESS SPECIAL ASSESSMENT LODGING LITTER ABATEMENT REVOLVING ABATEMENT TRAC DEVELOPMENT & OPERATING PARKS ECONOMIC DEVELOPMENT ATHLETIC PROGRAMS GOLF COURSE SENIOR CENTER OPERATING MULTI-MODAL FACILITY SCHOOL IMPACT FEES RIVERSHORE TRAIL & MARINA MAIN C.D. BLOCK GRANT HOME CONSORTIUM GRANT NSP GRANT MARTIN LUTHER KING COMMUNITY CENTER AMBULANCE SERVICE CEMETERY Councilmember SUMMARY OF CLAIMS BY FUND: GENERAL FUND STREET ARTERIAL STREET STREET OVERLAY City of Pasco, Franklin County, Washington We, the undersigned, do hereby certify under penalty of perjury the materials have been furnished, the services rendered or the labor performed as described herein and the claim is a just, due and unpaid obligation against the city and we are authorized to authenticate and certify to such claim. Dave Zabell, City Manager 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 6th day of February, 2017 that the merchandise or services hereinafter specified have been received and are approved for payment: C I T Y O F P A S C O Council Meeting of: Accounts Payable Approved The City Council Page 9 of 80 February 6, 2017 Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined Check Numbers SEE ATTACHED 50158-50185 Total Check Amount $1,908,178.50 $30,451.20 Total Checks 1,938,629.70$ Electronic Transfer Numbers SEE ATTACHED 30103336-30103831 337 Total EFT Amount $840,880.10 $655,097.75 $2,000.00 Total EFTs 1,497,977.85$ Grand Total 3,436,607.55$ Councilmember 807,546.50 43,738.93 0.00 0.00 926.24 0.00 0.00 833.26 88,561.86 1,955.87 13,141.81 37,036.22 3,487.58 1,608.91 0.00 575.68 21,154.24 245.29 1,212.50 18,044.00 0.00 79,972.51 11,175.75 0.00 270,479.72 738,694.97 2,813.27 0.00 0.00 0.00 278,978.90 11,452.74 1,002,970.80 GRAND TOTAL ALL FUNDS:3,436,607.55$ EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL EQUIPMENT RENTAL - REPLACEMENT BUSINESS MEDICAL/DENTAL INSURANCE FLEX PAYROLL CLEARING STADIUM/CONVENTION CENTER LID GENERAL CAP PROJECT CONSTRUCTION UTILITY, WATER/SEWER EQUIPMENT RENTAL - OPERATING GOVERNMENTAL EQUIPMENT RENTAL - OPERATING BUSINESS SPECIAL ASSESSMENT LODGING LITTER ABATEMENT REVOLVING ABATEMENT TRAC DEVELOPMENT & OPERATING PARKS ECONOMIC DEVELOPMENT ATHLETIC PROGRAMS GOLF COURSE SENIOR CENTER OPERATING MULTI-MODAL FACILITY SCHOOL IMPACT FEES RIVERSHORE TRAIL & MARINA MAIN C.D. BLOCK GRANT HOME CONSORTIUM GRANT NSP GRANT MARTIN LUTHER KING COMMUNITY CENTER AMBULANCE SERVICE CEMETERY Councilmember SUMMARY OF CLAIMS BY FUND: GENERAL FUND STREET ARTERIAL STREET STREET OVERLAY City of Pasco, Franklin County, Washington We, the undersigned, do hereby certify under penalty of perjury the materials have been furnished, the services rendered or the labor performed as described herein and the claim is a just, due and unpaid obligation against the city and we are authorized to authenticate and certify to such claim. Dave Zabell, City Manager 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 6th day of February, 2017 that the merchandise or services hereinafter specified have been received and are approved for payment: C I T Y O F P A S C O Council Meeting of: Accounts Payable Approved The City Council Page 10 of 80 2017 Expenses Check # 2016 Expenses Check # 2017 Expenses EFT # 2016 Expenses EFT # 214077 214078 813766-813770 813707-813763 214079-214084 214085 813801-813803 813771-813800 214086 214087 813805 813804 214088-214089 214090 813814 813806-813813 214091 214092-214099 813820-813821 813818-813819 214100-214103 214104 813861 813822-813860 214105-214107 214108-214112 813863 813862 214113 214114-214116 813874-813879 813864-813873 214117-214118 214119-214120 813881-813883 813880 214121 214122-214123 813886-813887 813884-813885 214124 214125-214137 813889 813888 214138 214139 813893-813913 813890-813892 214140 214141-214142 813920 813914-813919 214143-214149 214150-214152 813922-813930 813921 214153 214154 813932-813933 813931 214155-214158 214159 813936-813938 813934-813935 214160-214161 214162-214165 813940 813939 214166-214168 214169-214171 813946-813947 813941-813945 214172-214173 214174-214175 813949-813952 813948 214176 214177 813956-813961 813953-813955 214178 214179-214181 813963-813969 813962 214182-214183 214184 813971 813970 214185-214187 214188 813973 813972 214189-214192 214193 813984-813985 813974-813983 214194-214199 214200-214202 813988 813986-813987 214203 214204 813990 813989 214205-214206 214207-214209 813994-813995 813991-813993 214210 214211-214216 813997-814013 813996 214217-214220 214221 814019-814021 814014-814018 214222-214223 214224 814023-814024 814022 214225-214226 214227 814026-814027 814025 214228 214229 814032-814034 814028-814031 214230-214232 214233-214235 814036 814035 214236-214237 214238-214239 814038-814044 814037 214240 214241 214242-214244 214245-214248 214249 214250 214251-214252 214253 214254 214255 214256-214257 214258-214259 214260 214261 214262-214279 214280 214281-214284 214285 214286-214294 214295 214296-214310 314311 214312-214314 214315 214316-214317 214318 214319-214322 214323 Page 1 of 2 Page 11 of 80 2017 Expenses Check # 2016 Expenses Check # 2017 Expenses EFT # 2016 Expenses EFT # 214324-214333 214334-214335 214336 214337 214338-214342 214343 214344-214347 214348 214349-214350 214351 214352-214360 214361 214362-214375 214376 Page 2 of 2 Page 12 of 80 AGENDA REPORT FOR: City Council January 31, 2017 TO: Dave Zabell, City Manager Rick White, Director Community & Economic Development Regular Meeting: 2/6/17 FROM: Dave McDonald, City Planner Community & Economic Development SUBJECT: Final Plat: Linda Loviisa Division 2, Phase 7 (MF# FP 2016-014) I. REFERENCE(S): Overview Map Vicinity Map Final Plat II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve the Final Plat for Linda Loviisa, Division 2, Phase 7. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: In January 2010 the Council approved a preliminary plat for Division 2 of the Linda Loviisa development. The developer is now seeking final plat approval for Phase 7. Linda Loviisa Division 2 is a single-family residential development located south of Burden Boulevard, north of I-182 and east of the Soccer Complex. The development contains 511 single-family lots with an average lot size of 11,125 square feet. Phase 7 contains 60 lots. V. DISCUSSION: Prior to the approval of a final plat, the developer is to either install all infrastructure or post a bond or other instrument that secures the financing for the infrastructure improvements. In this case, the developer has completed most of the improvements and Page 13 of 80 provided the City with a bond in an amount sufficient $633,105.00 to cover the costs of the outstanding improvements. The final plat shows and contains information on primary control points, tract boundaries, dimensions, bearings, lot numbers and other necessary survey data. In addition, the plat contains the required descriptions, dedication and acknowledgment and approval sections. Page 14 of 80 I t e m : L i n d a L o v i i s a I I P h a s e 7 Ap p l i c a n t : D a v e S w i s h e r Fi l e # : F P 2 0 1 6 - 0 1 4 O v e r v i e w M a p SI T E Page 15 of 80 I t e m : L i n d a L o v i i s a I I P h a s e 7 Ap p l i c a n t : D a v e S w i s h e r Fi l e # : F P 2 0 1 6 - 0 1 4 SI T E Vi c i n i t y Ma p Page 16 of 80 Page 17 of 80 AGENDA REPORT FOR: City Council February 2, 2017 TO: Dave Zabell, City Manager Regular Meeting: 2/6/17 FROM: Stan Strebel, Deputy City Manager Executive SUBJECT: Taxicab and Transportation Network Company Licensing I. REFERENCE(S): Proposed Ordinance II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No. __________, regarding PMC Chapter 5.45 and creating Chapter 5.45A Taxicab and Transportation Network Company Licensing and amending PMC Section 3.07.050 to establish License Fees and, further, to authorize publication by summary only. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: This item was initially discussed before Council on January 9. At that meeting, a draft ordinance, with substantial similarity to ordinances recently adopted by Kennewick and Richland was presented. A representative of Uber discussed the opportunities available to potential drivers and passengers in the community with the introduction of Transportation Network Companies, while expressing general support for the ordinance. Representatives from a number of taxicab companies also made comments regarding the draft ordinance. Following the initial meeting, staff made minor revisions to the ordinance in an attempt to address the questions or comments. The ordinance was provided to the Uber representative, as well as the taxicab companies prior to the workshop meeting of January 23. There were no comments from the public at that meeting. Prior to the meeting of January 23, staff was informed that the original representative from Uber, who addressed the Council on January 9, was no longer representing Uber in the area. A new Uber representative was introduced, who was provided with the draft ordinance as well as Council's meeting schedule. Page 18 of 80 On January 30, staff received a significant number of comments from Uber, many of which have been incorporated into the revised draft as attached. Most revisions are relatively minor and serve to clarify or improve the language in the ordinance. One significant issue has been identified: the Police Department processing of For-Hire Drivers license applications has been proposed to include fingerprinting as a means of verifying identity and records. Uber officials have informed the City that their policy is not to operate in jurisdictions where fingerprinting is a condition for drivers as this causes some potential applicants concern for their privacy and Uber officials believe that their 3rd party screening process is adequate. Staff is of the opinion that the requirement is reasonable, has been in place for taxicab drivers for nearly 20 years without issue, and is a necessary screening step to protect the public. Additionally, the process is simple, requiring on the order of five minutes to complete and does not place any burden on a TNC company. The ordinance before Council continues with the fingerprint requirement as previously presented to Council. If Council feels the requirement is not necessary, it should direct its removal. In general, the draft regulations apply equally to both forms of transportation service; however, there are a few exceptions warranted, either due to business model or state law. The following provisions are noteworthy: 1. Both taxicab and TNC companies must secure "For-Hire Business Licenses" to operate in the City. The license application requires an affidavit of compliance with driver, vehicle, insurance and operational requirements of the PMC Chapter. 2. Fees for the company business licenses are based on the number of vehicles operating for the company and are proposed to be the same as in Kennewick and Richland, as follows: a. Companies employing or contracting with 10 or fewer drivers - $300.00; b. Companies employing or contracting with 11 to 40 drivers - $700.00; c. Companies employing or contracting with 41 or more drivers - $2,000.00 3. Business licenses are also required for "For-Hire Drivers" who must be at least 21 years of age; not have been convicted of a felony, unless employment rights have been restored under Washington law; and pass a criminal background check of at least seven years database history. In addition, taxicab for hire drivers must have passed a driver training course and examination and complete annual tuberculosis testing. Companies can chose to have background checks completed by the Police Department for a fee, or by a provider as approved by the Police Department. Annual license fees for for-hire drivers are proposed at $40 (Richland imposes a $40 fee while Kennewick imposes a $55 fee, but appears to exempt those with less than $12,000 gross annual invoice from such). As indicated above, each driver license applicant must be Page 19 of 80 fingerprinted upon initial application by the Police Department - a $5.00 fee is collected. 4. Each vehicle must pass initial and annual inspection for functionality and safety. 5. Insurance requirements for taxicabs are specified by the code: $100,000/$300,000/$50,000 (individual injury/all persons injury/property damage). TNC insurance requirements ($50,000/$100,000/$30,000) plus combined single limit liability coverage in the amount of $1 million for death, injury or property damage, are as set by RCW 48.177. 6. Operational requirements include: a. Posting of rates for taxicabs; while TNCs are exempt from the requirement but must provide for electronic display or posting of rates; b. The requirement to maintain records of all trips; c. The requirement for all drivers to carry either paper or electronic identification information and for vehicles to be marked with company and contact information for taxicab and an identifying logo for TNCs. 7. Soliciting or accepting street hails is only permitted of taxicab drivers. 8. The City may audit each company (20% of randomly-selected drivers) no more than twice per year, in order to assure compliance with the licensing and operatio nal regulations. V. DISCUSSION: Staff recommends adoption of the ordinance. Page 20 of 80 Ordinance Repealing Chapter 5.45 and Creating Chap ter 5.45A Page 1 ORDINANCE NO.__________ AN ORDINANCE of the City of Pasco, Washington Repealing PMC Chapter 5.45 “For-Hire Vehicles”; Creating PMC Chapter 5.45A “Taxicab and Transportation Network Company Licensing”; and Amending PMC Section 3.07.050 “Business Licenses” to Establish License Fees. WHEREAS, new technology-based companies, known as transportation network companies (TNCs) offer a new model of commercial transportation services using online- enabled digital platforms to connect passengers with drivers using personal vehicles; and WHEREAS, such TNCs are subject to separate State regulations as “commercial transportation services providers” pursuant to RCW 48.177.005 from taxicabs pursuant to Chapter 81.72 RCW requiring an update, and their inclusion in the City’s “for-hire vehicles” Chapter; and WHEREAS, to provide the opportunity of additional transportation alternatives for its citizens and consistent to regulations for all for-hire vehicle providers and drivers. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Chapter 5.45 entitled “For-Hire Vehicles” of the Pasco Municipal Code shall be and hereby is repealed in its entirety. Section 2. That a new Chapter 5.45A entitled “Taxicab and Transportation Network Company Licensing” of the Pasco Municipal Code shall be and hereby is created and shall read as follows: Chapter 5.45A TAXICAB AND TRANSPORTATION NETWORK COMPANY LICENSING Sections: 5.45A.010 Purpose. 5.45A.020 Definitions. 5.45A.030 For-Hire (Taxicab/TNC) Business License Required. 5.45A.040 For-Hire (Taxicab/TNC) Business License. 5.45A.050 For-Hire Driver Business license Required. 5.45A.060 For-Hire Driver Requirements. 5.45A.070 Vehicle Requirements. 5.45A.080 Insurance Requirements. 5.45A.090 Operational Requirements. Page 21 of 80 Ordinance Repealing Chapter 5.45 and Creating Chap ter 5.45A Page 2 5.45A.100 For-Hire (Taxicab/TNC) Business license Additional Requirements. 5.45A.110 Taxi Fares. 5.45A.120 Audit. 5.45A.130 Revocation, Suspension and Penalties. 5.45A.140 Depot License Agreement – When Required. 5.45A.150 Enforcement. 5.45A.010 PURPOSE. The purpose of this Chapter is to provide for and promote the safety and welfare of the general public by regulating transportation by for -hire vehicles, including taxicab companies and drivers and transportation network companies and drivers within the City. The provisions of this chapter shall apply to all for -hire vehicles operating or doing business within the City of Pasco whether or not the operator’s business license is located within the City of Pasco. This Chapter does not create or designate any particular class of persons who will or will not be specially protected by its terms. Nothing contained in this Chapter is intended nor shall be construed to create any liability on the part of the City or its employees for any injury or damage resulting from the failure of the licensee to comply with the provisions of this Chapter, or by reason or in consequence of any act or omission in connection with the implementation or enforcement of this Chapter on the part of the City or its employees. 5.45A.020 DEFINITIONS. As used in this Chapter: A) “City” means the City of Pasco, Washington. B) “Driver” or “Operator” means any person driving or operating a for-hire vehicle. C) “For-Hire Vehicle” means any motor vehicle used for the transportation of passengers for compensation, including taxicabs and transportation network company vehicles. The following motor vehicles are excluded from the definition of for-hire vehicles: 1) School buses operating exclusively under a contract to a school district; 2) Ride-sharing vehicles under Chapter 46.74 RCW; 3) Limousine carriers licensed under Chapter 46.72A RCW; 4) Vehicles used by nonprofit transportation providers solely for elderly or handicapped persons and their attendants under Chapter 81.66 RCW; 5) Vehicles used by auto transportation companies licensed under Chapter 81.68 RCW; 6) Vehicles used to provide courtesy transportation at no charge to and from business locations including, but not limited to, hotels, rental offices, parking lots, auto repair or sales facilities, or healthcare providers. Page 22 of 80 Ordinance Repealing Chapter 5.45 and Creating Chap ter 5.45A Page 3 7) Vehicles licensed under, and used to provide “charter party carrier” and “excursion service carrier” services as defined in, and required by, Chapter 81.70 RCW; and 8) Vehicles used to provide ambulance services pursuant to PMC 5.05. D “For-Hire (Taxicab/TNC) Business License” means the business license issued by the City of Pasco to conduct a For-Hire Vehicle business with the City limits of Pasco. E) “For-Hire Driver Business License” means the license to drive or operate a for- hire vehicle as approved and issued by the City of Pasco. F) “Independent Contractor” means a person who contracts to do a piece of work according to his own methods and subject to the employer’s control only as to the end product of his or her work. An independent contractor performs work but is not considered an “employee.” G) “Licensing Officer” means the City Clerk of the City of Pasco, or designee. H) “Operate”, “Operated”, or “Operating” means using a taxicab or transportation network company vehicle to, at any time, transport any passenger or item of property for compensation within the corporate limits of the City. I) “Taxicab” means a motorized vehicle that is held out to the public as providing transportation to passengers or articles: 1) Where the route traveled, destination, or both route and destination is controlled by the customer; 2) Where the fare is based on an amount recorded and indicated on a taxi meter or an Internet online-enabled platform or application; and 3) Where the driver may solicit or accept street hails and payment may be made prior to, during or upon completion of the transport. J) “Taxicab Company” means any entity operating one or more taxicabs other than as a driver, regardless of the legal form of the entity and regardless of whether the taxicabs so operated are owned by the company, or leased, or owned by individual members of the entity or independent contractors. K) “Taxicab Driver” means a person engaging in any combination of owning, leasing, advertising, driving, occupying or otherwise using a taxicab to at any time to transport any passenger or item of property for compensation within the City. Page 23 of 80 Ordinance Repealing Chapter 5.45 and Creating Chap ter 5.45A Page 4 L) “Transportation Network Company” which may be abbreviated herein to “TNC”, means a company that exclusively uses an Internet online-enabled website, system, or application to connect passengers with TNC drivers who provide prearranged rides within the City. M) “Transportation Network Company Driver” or “TNC Driver” means a driver who is an independent contractor of a TNC and receives connections to potential passengers and related services from a TNC in exchange for payment of a fee to the TNC; and uses a TNC vehicle to offer or provide prearranged rides through a TNC’s digital network to passengers in return for compensation. N) “Transportation Network Company Vehicle” means a vehicle that is owned, leased or otherwise authorized for use by a TNC driver and is used by the TNC driver to provide prearranged rides through a TNC’s digital network. 5.45A.030 FOR-HIRE (TAXICAB/TNC) BUSINESS LICENSE REQUIRED. No person or entity shall operate a for-hire business or permit the operation of for-hire vehicles within the City without a current and valid City for-hire (Taxicab/TNC) business license. 5.45A.040 FOR-HIRE (TAXICAB/TNC) BUSINESS LICENSE. A) The Licensing Officer may issue or renew a for-hire business license to a taxicab company or a TNC provided that: 1) The taxicab company or TNC submits a complete for-hire (Taxicab/TNC) business license application together with an affidavit sworn under penalty of perjury, on a form provided by the Licensing Officer, that the taxicab company or TNC is in compliance with the driver requirements, vehicle requirements, insurance requirements, and operational requirements of this Chapter. An application review fee, as designated in PMC 3.07.050, shall be paid in full at the time of submitting any initial and renewal license application. 2) The taxicab company or TNC provides proof of insurance coverage for the limits required in this Chapter for all employed or affiliated drivers. The Application and Affidavit form will be made available by the Licensing Officer at Pasco City Hall or on the City’s website. B) The licenses issued or renewed under this Chapter are effective upon approval and terminate on December 31 of the year of issuance or renewal, unless the license has been (re)submitted for renewal on or before the expiration date. C) The business license fee shall be based upon the number of employed or affiliated drivers operating for-hire vehicles for the taxicab company or TNC applying for the license, as designated in PMC 3.07.050. Page 24 of 80 Ordinance Repealing Chapter 5.45 and Creating Chap ter 5.45A Page 5 D) No for-hire (Taxicab/TNC) business license shall be issued or valid until the affidavit and proof of insurance required in this section has been reviewed and approved; and the fee prescribed in this section has been paid. 5.45A.050 FOR-HIRE DRIVER BUSINESS LICENSE REQUIRED. No person shall operate a for-hire vehicle within the City unless that person is a driver for a currently licensed for-hire business as provided in Section 5.45A.040 above; and has a current and valid City for-hire driver business license. The Licensing Officer may issue this license upon receipt of a completed application; verification of affiliation with a City licensed For-Hire Taxicab/TNC; fingerprint card prepared by the Pasco Police department (not required for license renewals), and payment of the fees as required by PMC 3.07.050. 5.45A.060 FOR-HIRE DRIVER REQUIREMENTS. No person shall be permitted to operate a for-hire vehicle for a taxicab company, or a TNC company under PMC 5.45A.040 unless the person: A) Is at least twenty-one (21) years of age, possesses a driver’s license valid in the State of Washington, and has not been convicted of a felony unless such rights have been restored under Chapters 9.96A or 9.97 RCW; and B) Complies with all State laws and regulations relating to for-hire vehicles and provides evidence of such compliance including, but not limited to the following: 1) Proof of age – 21 years or older. 2) A driver’s license valid in the State of Washington. 3) Proof of UBI (independent contractor). 4) Proof of insurance (liability and property insurance). C) Taxicab company for-hire drivers shall, in addition to the requirements of section B) above, submit the following: 1) Proof of successfully completing a training course provided by the National Safety Council; or school licensed by the Workforce Training and Education Coordinating Board; 2) Proof of successfully having passed a written examination provided by the National Safety Council; or school licensed by the Workforce Training and Education Coordinating Board; 3) Current photograph at the time of each application and/or renewal; 4) Current abstract of driving record; Page 25 of 80 Ordinance Repealing Chapter 5.45 and Creating Chap ter 5.45A Page 6 5) Health Department annual Tuberculosis test; and 6) Upon approval of the application, the Police Department shall cause to be issued a card bearing the name and description, including an annual updated photograph of the driver, which card shall be carried on the driver’s person at all times when operating a for-hire vehicle within the City. D) A taxicab company, TNC, or its agent, shall maintain accurate and up -to-date records for all of its employed or affiliated for-hire drivers operating within the City of Pasco. Said record shall include that information required by subsections B) and C), above as applicable, subsection G) below, and such other information as may be required by this Chapter. E) Prior to permitting a person to operate as a taxicab driver or as a TNC driver, and biennially thereafter, the taxicab company or TNC shall conduct, or have a third party conduct and review a criminal background check report for such person. The criminal background check shall include a search of no less than seven years of database history, unless prohibited by law, in which case the duration of the search shall be the maximum number of years permitted by law. The criminal background check shall include local, state, and national criminal history databases and publicly accessible national sex offender registries. Any person who is on a sex offender registry or who has been convicted, within the past seven years, of crimes involving driving under the influence of alcohol or controlled substances, felony fraud, sexual offenses, acts of violence, acts of terror, or use of a motor vehicle to commit a felony, shall not be permitted to act as a taxicab or TNC driver. The taxicab company or TNC, or its agent, shall maintain records of such criminal background checks for a period of two (2) years. For purposes of this section, the term “conviction” includes convictions, bail forfeitures, and other final adverse findings. The criminal background checks required by this section may be provided either by the Pasco Police Department for a fee as designated in Chapter 3.07.050, or a service provider approved by the Pasco Police Department, as determined by the applicant. F) A TNC or taxicab company shall revoke a TNC or taxicab driver’s authority to operate as a driver for their company if it finds that the standards set forth in this section are no longer being met by such person. The TNC or taxicab company shall only reinstate his or her authority upon a finding by the taxicab company or TNC that all standards are again being met by such person. G) Each for-hire driver shall provide to the for-hire business by which it is employed or with which it is affiliated, current and accurate documentation containing the name, height, weight, color of hair and eyes, residence address, place and date of birth, social security number, criminal history, driver’s license, motor vehicle registration, current photograph of the driver, and automobile insurance. 5.45A.070 VEHICLE REQUIREMENTS. Each taxicab or TNC vehicle shall pass an inspection prior to commencing services in the City of Pasco, and annually thereafter, by a mechanic approved by the National Institute for Automotive Service Excellence. Taxicab companies and TNCs shall keep records of all such inspections for at least three (3) years. Such an inspection shall, at a minimum, include inspection of the following components: Page 26 of 80 Ordinance Repealing Chapter 5.45 and Creating Chap ter 5.45A Page 7 A) Foot brakes; B) Parking brakes; C) Steering mechanism; D) Windshield; E) Rear window and other glass; F) Windshield wipers; G) Headlights; H) Taillights; I) Turn indicator lights; J) Stop lights; K) Front seat adjustment mechanism; L) Doors (open, close, lock); M) Horn; N) Speedometer; O) Bumpers; P) Muffler and exhaust system; Q) Condition of tires, including tread depth; R) Interior and exterior rear view mirrors; and S) Safety belts for driver and all passengers. 5.45A.080 INSURANCE REQUIREMENTS. A) The owner or operator of every taxicab is to procure liability and property damage insurance covering passengers as well as other persons, from a company licensed to write bodily injury liability and property damage liability insurance in the State, on each taxicab used or to be used in transporting persons for compensation in an amount not less than $100,000.00 for any recovery for personal injury by one person, and not less than $300,000.00 for all persons receiving personal injury, by reason of one act of negligence, and, not less than $50,000.00 for Page 27 of 80 Ordinance Repealing Chapter 5.45 and Creating Chap ter 5.45A Page 8 damage to property of any person other than the insured, and maintain such liability and property damage insurance in force on each motor-propelled vehicle while so used under such licensee. A $500,000.00 combined single limit policy may be submitted. B) TNCs and all affiliated drivers shall comply with the automobile liability insurance requirements contained in RCW Chapter 48.177 as enacted or subsequently amended as a commercial transportation service provider. C) A certificate for each policy for liability or property damage insurance required herein shall be filed with the Licensing Officer and kept in full force and effect, and failure to do so shall be cause for the revocation of the license. 5.45A.090 OPERATIONAL REQUIREMENTS. A) Records. TNCs and taxicab companies shall keep a record of all trips made by all drivers for at least one (1) year from the date each trip was provided; and individual records of each taxicab driver or TNC driver at least until one (1) year after the date on which the driver’s relationship with the taxicab company or TNC has ended. The City may require the taxicab company or TNC to produce records directly related to an active investigation of a specific allegation against a for-hire driver or a violation of this chapter. B) Driver Information. 1) Taxicab drivers shall have a document containing their name, photograph, driver’s license number, and company worked for clearly posted in any vehicle operated by the driver. 2) The TNC’s software application or website which shall display the first name and photograph of the TNC driver, and a description or picture of the vehicle. C) Marking of Vehicles. All taxicabs shall be clearly marked as such and shall include the taxicab company name, phone number, and a vehicle identification number in plain sight. The company name and vehicle identification number shall use letters and numbers a minimum of four (4) inches in height with width proportional. The taxicab company phone number shall use numerals a minimum of two and one half (2 ½) inches in height with the width proportional. Vehicles operated solely by TNC Drivers shall display in a manner observable from the outside of the vehicle, a logo or indicia of the TNC. The TNC’s software application or website shall display for the passenger the make, model, and license plate number of the TNC vehicle. D) Method of Soliciting Rides. Only taxicab drivers are permitted to solicit or accept street hails. TNC drivers shall accept only rides prearranged through a TNC’s digital network and shall not solicit or accept street hails. E) Receipts. Whenever demanded by the passenger, the driver of a taxicab or TNC vehicle shall deliver to the person paying for the hiring of said vehicle, at the time of such Page 28 of 80 Ordinance Repealing Chapter 5.45 and Creating Chap ter 5.45A Page 9 payment, a payment receipt either in hard copy or electronically in legible printing or writing. This receipt shall contain the name of the taxicab company or TNC and its contact information, the name of the driver, any and all items for which a charge is made, the total amount paid, and the date of payment. F) Zero Tolerance. TNCs and taxicab companies shall implement a zero tolerance policy on the use of drugs or alcohol applicable to any taxicab drivers employed or affiliated with the company and any TNC drivers authorized on a TNC’s digital network. Taxicab companies and TNCs shall provide notice of the zero tolerance policy on their websites, if they have one, as well as the procedures to report a complaint from a passenger about a driver from whom the passenger received for-hire transportation and whom the passenger reasonably suspects was under the influence of drugs or alcohol during the course of the ride. If a taxicab company or TNC does not have a website, they must clearly post the zero tolerance policy and procedures to report a complaint in all taxicabs or TNC vehicles owned or operated by the company or its drivers. Taxicab companies and TNCs shall immediately suspend a driver upon receipt of a passenger complaint alleging a violation of the zero tolerance policy and shall conduct an investigation into the reported incident. The suspension shall last the duration of the investigation. G) No driver shall place additional passengers in a for-hire vehicle without first securing the consent of the person or persons by whom it was first engaged. No vehicle shall carry more passengers than specified in its Manufacturer’s Specifications and available working seatbelts. H) Nothing in this Chapter shall prohibit a taxicab company from using an internet online enabled platform or application to connect passengers with drivers as long as all other requirements for taxicab companies, vehicles, and drivers are met. 5.45A.100 FOR-HIRE (TAXICAB/TNC) BUSINESS LICENSE ADDITIONAL REQUIREMENTS. A) Taxicab companies and TNCs shall maintain a registered agent for service of process in the State of Washington. The name, telephone number, and physical address of the registered agent shall be submitted to the City of Pasco at the time of license application. The taxicab company or TNC shall notify the City of Pasco in writing of any changes to its registered agent during the term of the license. B) For-hire (Taxicab/TNC) business license may not be transferred without the City’s prior written consent. An unauthorized transfer shall result in immediate termination of the license. 5.45A.110 FOR-HIRE FARES. A) Rates. Taxicab drivers shall prominently post rates in each vehicle and charge accordingly. Drivers who solely operate as TNC Drivers are exempt from this requirement. The TNC’s software application or website shall disclose to the passenger the fare or the fare Page 29 of 80 Ordinance Repealing Chapter 5.45 and Creating Chap ter 5.45A Page 10 calculation method before the beginning of the prearranged ride and, if the fare is not disclosed to the rider before the beginning of the prearranged ride, provide the option to receive an estimated fare before the passenger enters the TNC vehicle. A taxicab operator or driver shall charge no more than the scheduled fare. A TNC driver shall charge no more than the disclosed fare, or the fare determined using the disclosed calculation method, unless the passenger requests changes to the prearranged destination or route. B) If the fares are metered, the meters shall be annually calibrated by the meter manufacturer’s authorized representative and a copy provided to the City upon license renewal. C) It shall be unlawful for any person to refuse to pay the fare for services rendered under the terms of this Chapter. 5.45A. 120 AUDIT. No more than twice per license year, the City may audit the taxicab company or TNC’s records to review compliance with this Chapter. Each audit shall be limited to records relating to 20 percent (20%) of randomly selected taxicab or TNC drivers, up to a maximum of 20 drivers, who have operated within the last 30 days in the City. The audit shall occur at the City of Pasco Clerk’s Office, 525 North 3rd, Pasco, Washington; provided that the City may in its discretion agree to an alternative location. In the event the audit reveals discrepancies in the records reviewed, the City reserves the right to audit all of the taxicab company’s or TNC’s records relating to its affiliated drivers operating within the City, as it is specifically related to discrepancy. Notwithstanding the foregoing, the City may require the taxicab company or TNC to produce records directly related to an active invest igation of a specific allegation of a violation of this Chapter. Any taxicab or TNC records reviewed by the City under this Chapter may be designated “confidential” and are not subject to disclosure to a third party by the City without the prior written consent of the taxicab company or TNC. 5.45A.130 REVOCATION, SUSPENSION AND PENALTIES. A) The Licensing Officer, or on appeal, the Hearing Examiner, may suspend, revoke or refuse to issue a license if the licensee or applicant has violated any of the p rovisions of this Title. A violation includes any and all failures to meet or maintain any of the requirements or qualifications set forth in this Chapter for obtaining a license and the making of a materially false statement in the affidavit required under this Chapter. The decision to suspend, revoke or refuse to issue a license may be appealed to the Hearing Examiner pursuant to PMC 2.19. B) Upon a violation of this Chapter, a penalty assessment of $250.00 per violation, up to a maximum of $10,000.00, may be assessed against the for-hire business, the for-hire driver, or both. The failure of the licensee to pay an assessment automatically suspends the license until such time as the assessment is paid. The Licensing Officer, or designee, is hereby authorized to use any lawful means to collect penalties assessed under this Chapter, including the use of a collection agency. Suspensions, revocations, and penalties are suspended during the course of the appeal hearing and review unless the Licensing Officer finds by clear and convincing evidence that the licensee or applicant’s claim is meritless. Page 30 of 80 Ordinance Repealing Chapter 5.45 and Creating Chap ter 5.45A Page 11 5.45A.140 DEPOT LICENSE AGREEMENT – WHEN REQUIRED. Any for-hire business desiring to provide service at the Pasco Transportation Depot, located at 535 North First Avenue, Pasco, Washington (the Depot), shall first enter into a written Depot License Agreement with the City. The Depot License Agreement shall grant the Operator priority use of a City- designated passenger pickup and drop off location on the Depot grounds. The Depot License Agreement shall authorize the City to charge fees for and to regulate Depot use. Depot License Agreements shall be nonexclusive. The City may deny issuance of a Depot license agreement in its sole discretion. No operator shall provide for-hire vehicle service from the Depot grounds except as provided herein. 5.45A. 150 ENFORCEMENT. The Licensing Officer shall have the administrative authority to implement and enforce this Ordinance, and may adopt rules and regulations for its administration, not inconsistent with this Chapter. This provision shall not be construed to abrogate or limit the jurisdiction of the Pasco Police Department to enforce any provisions of this Chapter or of any other City Ordinance relating to motor vehicles or the operation of taxicabs or TNC vehicles. Section 3. That Section 3.07.050 entitled “Business Licenses” Subsection CC regarding For-Hire Business License Fees of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 3.07.050 BUSINESS LICENSES: Fee/Charge Reference CC) Taxicab and Transportation Network Company Licensing 1) Annual For-Hire Vehicle (Taxicab/TNC) Business License Application Review $50.00 5.45A.0540 and Business License Fee in the amount as follows :(maximum of $500.00) – per vehicle $300.00 for companies employing or contracting with ten (10) or fewer drivers. $700.00 for companies employing or contracting with 11 to 40 drivers. $2,000.00 for companies employing or contracting with 41 or more drivers. Page 31 of 80 Ordinance Repealing Chapter 5.45 and Creating Chap ter 5.45A Page 12 1) Driver's Permit Fee $50.00 5.45.090 2) Operator’s License- $5.00 5.45A.____ Vehicle Transfer 23) _ Annual For-Hire Driver Business License $40.00 5.45A.050 34) Photograph (as applicable) $5.00 5.45A.060 45) Fingerprints (as applicable) $105.00 5.45A.060 56) Criminal History Check $30.00 5.45A.060 (as applicable) 7) _ WSP/FBI Criminal History Check $34.75 5.45A.060 (Ord. 4154, 2014; Ord. 4100, 2013; Ord. 4074, 2012; Ord. 3857, 2008; Ord. 3766, 2006; Ord. 3764, 2006; Ord. 3759, 2006; Ord. 3543, 2002.) Section 4. This Ordinance’s authorization and regulation of Transportation Network Companies (TNCs) shall take full force and effect five days after its approval, passage and publication as required by law; However the application of the ordinance to Taxicab Companies with licenses issued by the City shall take effect on March 1, 2017 with all license applications and renewals issued prior to that date given full faith and credit for the remainder of the 2017 calendar year. 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: APPROVED AS TO FORM: ______________________________ ____________________________________ Sandy Kenworthy, Interim City Clerk Leland B. Kerr, City Attorney Page 32 of 80 AGENDA REPORT FOR: City Council January 30, 2017 TO: Dave Zabell, City Manager Regular Meeting: 2/6/17 FROM: Rick White, Director Community & Economic Development SUBJECT: Chronic Nuisance Ordinance I. REFERENCE(S): Proposed Ordinance Graph of various hotel/motel nuisance calls II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance _____, amending PMC Section 9.63.020 "Definitions," and further, authorize publication by summary only. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: In May of 2016, City Council adopted a Chronic Nuisance Ordinance to address nuisances which occur on properties in repetitive or chronic episodes. Chronic nuisances are defined to include violations of local codes that are typically not associated with physical property – such as loitering, personal harassment, offenses involving drugs, offenses involving prostitution or indecent exposure and criminal mischief. By way of summary - the Ordinance adopted by Council in May of 2016 provided the following:  Defines chronic nuisances for single family, multi-family, commercial residential (hotels/motels), commercial and industrial properties;  Provides for adequate notice to the property owner or person in control of the property;  Establishes procedures for the City’s responsible official to determine whether a property is a chronic nuisance property;  Establishes a system of remedies, penalties and fines for the existence of a Page 33 of 80 chronic nuisance; and  Provides an appeal process through the Code Enforcement Board if a responsible person or property owner is aggrieved. Monitoring the nuisance thresholds and regulations contained in the new Ordinance over the past 6 months reveals that the "triggers" for implementation of the solutions pertaining to a chronic nuisance may be set too high for multi-family commercial properties such as motels and hotels. For multi-family properties a chronic nuisance is defined as: "... four or more nuisance activities per unit (occupied or not) having occurred on different days within a 180 day period of time." However, the Chronic Nuisance Ordinance exempts a variety of types of nuisances and nuisance complaints from counting towards that total. For example, calls for emergency or police services are exempt from counting towards the threshold if those calls are made by the "person in charge" of a property. This has presented the City with several properties that would certainly be considered a chronic nuisance but due to the high volume of calls made by the "person in charge" - are exempt from provisions of the Ordinance. City Council discussed the proposed ordinance at the Workshop Meeting of 1/23/17 V. DISCUSSION: The attachment illustrate the frequency of police and emergency service calls among several of the City’s hotels/motels. Examination of these statistics show that several establishments are the sites for repeated calls for police services by the "person in charge" - indicating that the City's emergency responders are being used to manage the clientele of these properties - rather than management of the properties adequately screening their clients. The attachment also indicates that several of the City's hotels/motels are appropriately managed and pose no threat to the public or adversely impact neighboring properties. An examination of the frequency of the non -exempt nuisance activities shows that well managed properties experience nuisance activities to the ratio of about 0.5 nuisances per unit. It can also be deduced that given the frequency of nuisance calls for service to particular establishments, those establishments pose a risk to public health and safety and consumes a disproportionate amount of public safety resources. The proposed ordinance revises the threshold from four (4) nuisance activities per unit to 0.5 per unit and retains the exemptions as contained in the original 2016 Chronic Nuisance Ordinance. It is also important to note that chronic nuisance regulations give an administrative outlet for "persons in charge" to enter into a "Voluntary Correction Agreement" to Page 34 of 80 remedy nuisance activities. This provides a safety mechanism for property owners experiencing unusual or unique circumstances and simply need time or attention to correct. Page 35 of 80 Chronic Nuisances Ordinance - 1 ORDINANCE NO.__________ AN ORDINANCE of the City of Pasco, Washington Amending PMC Section 9.63.020 "Definitions” WHEREAS, the City of Pasco has been granted Constitutional and statutory powers to protect the safety, health and well being of its citizens; specifically providing for the definition, abatement, and punishment regarding nuisances which pose a hazard to public health and safety and pose a disproportionate demand for the City health and safety services; and WHEREAS, it has been determined that when certain properties within the City have been permitted to be used in such a manner that the risk to public health and safety require multiple responses by City emergency services, and in addition, negatively impact the quality of life in the neighborhoods in which they are located; and WHEREAS, City Council in 2016 adopted a “Chronic Nuisance Ordinance” providing remedies for chronic nuisances; and WHEREAS, monitoring the effects of the Chronic Nuisance Ordinance over the past six months indicate that the definition of a “chronic nuisance” is faulty as applied to multi-family properties; and WHEREAS, the definition of a “chronic nuisance” as applied to multi-family properties should be revised to lower the threshold for the determination of a “chronic nuisance”; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Section 9.63.020 of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 9.63.020 DEFINITIONS. For purposes of this Chapter, the following words and phrases shall mean: A)"Chronic nuisance activity" shall mean any of the following activities, conduct, or behavior, whenever engaged in by owners, managers, operators, tenants, occupants or guests of the premises, or other persons that frequent or are associated with the premises: 1)Violations of Court orders as provided in PMC 9.03.011 and 9.03.012. 2) Violations of PMC Chapter 9.06 including disorderly conduct, failure to disperse, simple assault, malicious harassment, reckless endangerment, and disorderly place. Page 36 of 80 Chronic Nuisances Ordinance - 2 3)Violations of PMC Chapter 9.08, personal harassment. 4)Violations of PMC Chapter 9.11, indecent exposure and lewd conduct. 5)Violations of PMC Chapter 9.13, prostitution and related activities. 6) Violations of PMC Chapter 9.24, firearms and dangerous weapons. 7)Violations of PMC Chapter 9.28, gambling. 8)Violations of PMC Chapter 9.38, offenses involving drugs, or in violation of Chapter 69.50 RCW and Chapter 69.43 RCW. 9)Violations of RCW 9A.40.100 and RCW 9A.88.060, human trafficking. 10) Violations of PMC Chapter 8.02.320 and PMC 8.02.330, dangerous or potentially dangerous animals. 11) Violations of PMC Chapter 9.46, criminal mischief. 12) Execution of criminal arrest warrants, search warrants or criminal arrests on the property. 13) Violations of RCW 9.94A, criminal street gang related offenses. B)"Chronic nuisance property" means a premises, structure, or property, including adjacent sidewalks, parking areas and common areas, on which: 1) A single-family residence where three or more nuisance activities described in subsection A) above have occurred on different days during any 180- day period; or 2) A commercial business which: (a)Sells or serves alcoholic beverages where eight (8) or more nuisance activities described in subsection A) above have occurred on different days during any 180-day period; or (b)All other commercial businesses where four (4) or more nuisance activities described in subsection A) above have occurred on different days during any 180-day period. 3) An industrial property where three or more nuisance activities described in subsection A) above have occurred on different days during any 180- day period. Page 37 of 80 Chronic Nuisances Ordinance - 3 4) For any type of property where a search warrant or warrant of arrest, or arrest has occurred twice at such property, business location, or per unit of any multi-family residential property within a 12-month period; or 5) For any multi-family residential property including, but not limited to, apartments, boarding houses, rooming houses, or multi-tenant commercial properties including, but not limited to, hotels and motels having four (4) 0.5 or more nuisance activities per unit (occupied or not) having occurred on different days within a 180-day period of time. C)"Person in charge" means any person or entity in actual or constructive possession of the property, including but not limited to an owner as determined by the records of the Franklin County Auditor, lessee, tenant, occupant, agent, or manager with the express or implied control of the property. D)"Responsible official" means the Chief of Police or Director of Community Development, or any applicable department director as defined by PMC 11.02.030(3), or their respective designees. Section 2. This Ordinance shall take full force and effect five (5) days after its approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this ____ day of _____________, 2017. ______________________________ Matt Watkins, Mayor Attest:Approved as to Form: ____________________________________________________________ Sandy Kenworthy, City Clerk Leland B. Kerr, City Attorney Page 38 of 80 Hotel/Motel activity 12/5/2015 to 12/5/2016 P a g e 3 9 o f 8 0 AGENDA REPORT FOR: City Council January 31, 2017 TO: Dave Zabell, City Manager Rick White, Director Community & Economic Development Regular Meeting: 2/6/17 FROM: Dave McDonald, City Planner Community & Economic Development SUBJECT: Rezone: C-1 (Retail Business) to R-3 (Medium Density Residential) (MF# Z 2016-006) I. REFERENCE(S): Vicinity Map Proposed Rezone Ordinance Report to Planning Commission Planning Commission Minutes 12/15/16 & 1/19/17 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No. _____, rezoning Lot "B" Majestia Place from C-1 (Retail Business) to R-3 (Medium Density Residential), and further, authorize publication by summary only. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: On December 15, 2016 the Planning Commission conducted a public hearing to determine whether or not to recommend rezoning Lot "B" Majestia Place from C-1 to R-3. Following the conduct of a public hearing, the Planning Commission reasoned it would not be appropriate to rezone the property and recommended denial of the requested rezone. Page 40 of 80 No written appeal of the Planning Commission’s recommendation was received. V. DISCUSSION: The site is part of the original Coles Estates that that was platted in 1967 and annexed into the City in 1982. Surrounding properties to the north and east are developing with single-family homes and a new office complex is being developed to the south. The proposed rezone will provide a buffer area between the single-family development to the north and the commercial development to the south. Page 41 of 80 It e m : R e z o n e C - 1 t o R - 3 Ap p l i c a n t : P r o M a d e C o n s t r u c t i o n Fi l e # : Z 2 0 1 6 - 0 0 6 Vi c i n i t y Ma p Re z o n e Z2 0 1 6 - 0 0 4 Ap p r o v e d SI T E Page 42 of 80 ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON REZONING LOT “B”, MAJESTIA ESTATES FROM C-1 (RETAIL BUSINESS) TO R-3 (MEDIUM-DENSITY RESIDENTIAL). WHEREAS, a complete and adequate petition for change of zoning classification has been received and an open record hearing having been conducted by the Pasco Planning Commission upon such petition; and, WHEREAS, that the effect of the requested change in zoning classification shall not be materially detrimental to the immediate vicinity; and, WHEREAS, based upon substantial evidence and demonstration of the Petitioner, that: (A) the requested change for the zoning classification is consistent with the adopted Comprehensive Plan; (B) the requested change in zoning classification is consistent with or promotes the goals and objectives of the Comprehensive Plan serving the general public interest in the community; and (C) there has been a change in the neighborhood or community needs or circumstances warranting the requested change of the zoning classification; and (D) the Planning Commission developed findings which are hereby adopted by the City Council; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. That the Zoning Ordinance for the City of Pasco, Washington, and the Zoning Map, accompanying and being part of said Ordinance shall be and hereby is changed from C-1 (Retail Business) to R-3 (Medium-Density Residential) for the real property as shown in the Exhibit “1” attached hereto and described as follows: Lot “B”, Majestia Place Section 2. This ordinance shall take full force and effect five (5) days after its approval, passage and publication as required by law. Passed by the City Council of the City of Pasco this 6th day of February, 2017. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Sandy Kenworthy, City Clerk Leland B. Kerr, City Attorney Page 43 of 80 1 REPORT TO PLANNING COMMISSION MASTER FILE NO: Z 2016-006 APPLICANT: Pro Made Homes HEARING DATE: 12/15/2016 6223 W Deschutes Ave ACTION DATE: 1/15/2017 Suite 508 Kennewick WA 99337 BACKGROUND REQUEST: REZONE: Rezone from C-1 (Retail Business) to R-3 (Medium- Density Residential) 1. PROPERTY DESCRIPTION: Legal: Lot B, Majestia Place General Location: The 5800 Block of Road 90 Property Size: Approximately 1.14 acres. 2. ACCESS: The parcel is accessible from Road 90. 3. UTILITIES: All municipal utilities are currently available to serve the site from Road 90. 4. LAND USE AND ZONING: The lot is currently zoned C-1 (Retail Business) and is vacant. Surrounding properties are zoned and developed as follows: NORTH: R-1 – Majestia Place SOUTH: C-1 – Office Building under construction EAST: R-1 & R-3 – Developing with Single-Family Homes WEST: R-3 – Vacant 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site for either Mixed-Residential or Commercial uses. Goal LU-3-E encourages the City to designate areas for higher density residential development where utilities and other facilities enable efficient use of capital resources. Other goals and policies suggest the City permit a full range of residential environments including multi-family homes (H-2-A) and standards that control the scale and density of accessory buildings and homes to maintain compatibility with other residential uses (H-4-B). 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. An environmental determination will be made after the public hearing for this project. A Determination of Non- Significance or Mitigated Determination of Non-Significance is likely for this application (WAC 197-11-355). Page 44 of 80 2 ANALYSIS The site was annexed in 1982 as part of the Northwest annexation area. Upon annexation the property was initially zone RT (Residential Transition) and later zoned to C-1 (Retail Business). The site is in a transition area as indicated in the Comprehensive Plan and can be zoned either mixed-residential or for commercial development. Surrounding properties began developing with Mediterranean Villas (a multi- family zoned development) in 2002. Broadmoor estates followed and now single- family homes are being built in the Majestia Place subdivision to the north. The commercially zoned property directly south of the site is being developed with a large office building. A total of three office buildings are planned for the site to the south. The site in question is a remnant of a larger lot that was mostly included in the Majestia Place plat to the north. Majestia Place is a 38-lot single-family subdivision. Pro Made Homes recently requested R-3 zoning for the two acre parcel directly to the west. Not fully understanding the zoning process the applicant meant to but, did not include the current parcel in the R-3 rezone to the west. The applicant is now seeking to have Lot B Majestia Place rezoned from C-1 to R-3. The site is over 800 feet north of Sandifur Parkway, too far from a major street to be considered prime commercial property. Rezoning the property to R-3 would enable the applicant to create a buffer between his single–family development to the north (Majestia Place) and the commercially zoned property to the south. The requested R-3 zone permits construction of single-family homes, duplexs and other multi-family structures. Multi-family densities are permitted at one unit per 3,000 square feet of land. The site is less desirable for single-family development due of the office building directly to the south of the property. The initial review criteria for considering a rezone application are explained in PMC. 25.88.030. The criteria are listed below as follows: 1. The date the existing zone became effective: The current zoning classification was established after 1982 when the property was annexed to the City. The property was originally subdivided and zoned in the County in 1967, 49-years ago. Page 45 of 80 3 2. The changed conditions, which are alleged to warrant other or additional zoning: Much of the neighborhood to the north, northwest and northeast has developed with single-family and some multi-family dwellings. Majestia Lane to the north now connects Road 90 and Road 92 to provide cross circulation through the neighborhood and the looping of utilities. All public utilities are now available to the site. Single-family homes in Majestia Place now back onto property currently zoned C-1. Rezoning the site will provide a buffer area of medium-density residential zoning between single-family homes and commercial zoning to the south. 3. Facts to justify the change on the basis of advancing the public health, safety and general welfare: Approval of the proposed rezone will continue a pattern of residential development in the vicinity. The proposed zoning assignment is consistent with the Comprehensive Plan which has been determined to be in the best interest of advancing public health, safety and general welfare. The rezone will allow the creation of a buffer area between the newly developed residential lots to the north and the commercial properties to the south, east and west. 4. The effect it will have on the value and character of the adjacent property and the Comprehensive Plan: A change in zoning classification will result in the establishment of a residential buffer area between the existing single-family development to the north and the commercial area to the south having a positive impact on the neighborhood. The rezone will lead to development of the property thereby eliminating potential nuisance conditions that may exist on the lot by way of dust of weeds that can impact the surrounding residential areas. 5. The effect on the property owner or owners if the request is not granted: Without transitioning the site to residential zoning the development potential of the site is limited due to the distance from a major arterial street. The site is likely to remain undeveloped for many years if it is not rezoned. STAFF FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Planning Commission may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. Page 46 of 80 4 1. The site is vacant. 2. The site was platted in 1967 and has remained undeveloped since that time. 3. The site is 1.14 acres in size. 4. The site is currently zoned C-1 (Retail business). 5. Properties to the south are zoned C-1. 6. Properties to the north are zoned R-1. 7. The site is located on a local access street more than 800 feet north of Sandifur Parkway. 8. The applicant is requesting R-3 (Medium-Density Residential) zoning. 9. The Comprehensive Plan identifies the site for Mixed-Residential uses which includes R-1 zoning. 10. All municipal utilities are currently available in Road 90. 11. The rezone will facilitate infill development which is encouraged by the Comprehensive Plan. 12. The rezone will establish a buffer or transition area between low-density residential development to the north and commercial development to the south. 13. The Mediterranean Villas subdivision to the west is zoned R-3 and developed with a mix of townhouses, duplexes and single family homes and an RV storage facility. 14. The Rapture Cove development to the east was zoned R-3 for a senior rental community. CONCLUSIONS BASED ON STAFF FINDINGS OF FACT Before recommending approval or denial of a special permit the Planning Commission must develop findings of fact from which to draw its conclusions based upon the criteria listed in PMC 25.86.060. The criteria are as follows: 1. The proposal is in accordance with the goals and policies of the Comprehensive Plan. The proposal is consistent with the Comprehensive Plan Land Use Map and several Plan policies and goals. Land Use Policy LU-3-B encourages “infill” development while H-2-A suggests the City permit a full range of residential environments. Housing Policy (H-B-A) encourages standards that control the scale and density of accessory buildings and homes to maintain compatibility with other residential uses. Page 47 of 80 5 2. The effect of the proposal on the immediate vicinity will not be materially detrimental. The proposed R-3 zoning will permit site development matching the character of Mediterranean Villas to the northwest and will provide a buffer between the new single-family development to the north and the commercial property to the south. The proposed rezone will also match the recently approved R-3 zoning on the two acres parcel to the west. Based on past experience within the community multi- family development adjacent to single-family development does not impact the value of the surrounding single-family homes. 3. There is merit and value in the proposal for the community as a whole. There is merit in developing vacant parcels within the City in accordance with the goals and policies contained in the Comprehensive Plan. The proposed zoning is consistent with the Plan’s Land Use Map. Providing an increased range of housing opportunities available in those areas currently served my municipal utilities and will enable efficient use of capital resources. The proposal is supported by land use goals and policies contained in the Comprehensive Plan. 4. Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. No special conditions are proposed by staff. 5. A Concomitant Agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement. A concomitant agreement is not needed. RECOMMENDATION MOTION: I move to close the hearing on the proposed rezone and set January 15, 2017 as the date for deliberations and the development of a recommendation for the City Council. . Page 48 of 80 It e m : R e z o n e C - 1 t o R - 3 Ap p l i c a n t : P r o M a d e C o n s t r u c t i o n Fi l e # : Z 2 0 1 6 - 0 0 6 Vi c i n i t y Ma p Re z o n e Z2 0 1 6 - 0 0 4 Ap p r o v e d SI T E Page 49 of 80 It e m : R e z o n e C - 1 t o R - 3 Ap p l i c a n t : P r o M a d e C o n s t r u c t i o n Fi l e # : Z 2 0 1 6 - 0 0 6 La n d U s e Ma p Va c a n t Co m m . To w n h o m e s SFDUs Comm. 55 + P U D SF D U s Va c a n t Va c a n t SI T E Co m m . Co m m . Page 50 of 80 It e m : R e z o n e C - 1 t o R - 3 Ap p l i c a n t : P r o M a d e C o n s t r u c t i o n Fi l e # : Z 2 0 1 6 - 0 0 4 R- 3 R-1 R-3 R- 1 C- 1 Z o n i n g Ma p R-1 C- 1 C-1 SI T E R- 3 Page 51 of 80 Lo o k i n g N o r t h Page 52 of 80 Lo o k i n g E a s t Page 53 of 80 Lo o k i n g S o u t h Page 54 of 80 Lo o k i n g W e s t Page 55 of 80 PLANNING COMMISSION MEETING 12/21/16 C.Rezone Rezone from C-1 (Retail Business) to R-3 (Medium Density Residential) (Pro Made Homes) Chairwoman Roach read the master file number and asked for comments from staff. Dave McDonald, City Planner, discussed the rezone application. The site is a small piece of property on Road 90 that was a remnant piece of the neighboring residential development to the north. Last year, Pro Made Homes received preliminary plat approval for a 36 lot subdivision and the piece that remained to the south was zoned C-1 at the time so it couldn’t be included in the plat. After the subdivision was being built, Pro Made Homes was able to purchase a piece of property to the west and short platted it to straighten out two streets. This rezone is from C-1 to R-3 and would provide a buffer between the low density residential to the north and the commercial properties to the south. Currently there is a large office building being constructed on Road 90 directly south of the site and rezoning this property to R-3 will provide that buffer. With no further questions or comments the public hearing closed. Commissioner Polk moved, seconded by Commissioner Greenaway, to close the hearing on the proposed rezone and set January 19, 2017 as the date for deliberations and the development of a recommendation for the City Council. The motion passed unanimously. PLANNING COMMISSION MEETING 1/19/17 B.Rezone Rezone from C-1 (Retail Business) to R-3 (Medium Density Residential) (Pro Made Homes) (MF# Z 2016-006) Chairman Cruz read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed the rezone application from C- to R-3 zoning. There were no changes to the staff report since the previous meeting. Commissioner Portugal asked what offices were located adjacent to the proposed site. Mr. White answered that there was property zoned for office and commercial use. Page 56 of 80 Commissioner Greenaway moved, seconded by Commissioner Bykonen, to adopt the findings of fact and conclusions therefrom as contained in the January 19, 2017 staff report. The motion passed unanimously. Commissioner Greenaway moved, seconded by Commissioner Bykonen, based on the findings of fact as contained in the January 19, 2017 staff report and conclusions as adopted, the Planning Commission recommend the City Council rezone Lot B, Majestia Place from C-1 to R-3. The motion passed unanimously. Page 57 of 80 AGENDA REPORT FOR: City Council January 31, 2017 TO: Dave Zabell, City Manager Rick White, Director Community & Economic Development Regular Meeting: 2/6/17 FROM: Dave McDonald, City Planner Community & Economic Development SUBJECT: Special Permit: Location of a Church in a C-1 Zone (MF# SP 2016-016) I. REFERENCE(S): Vicinity Map Proposed Resolution Report to Planning Commission Planning Commission Minutes Dated: 12/15/16 & 1/19/17 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No._______, accepting the Planning Commission's recommendation and approving a Special Permit for the location of a church at 5202 Outlet Drive. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: On December 15, 2016, the Planning Commission conducted a public hearing to determine whether or not to recommend a special permit be granted for the location of a new church building at 5202 Outlet Drive. Following the conduct of the public hearing, the Planning Commission reasoned that with conditions, it would be appropriate to recommend approval of a special permit for the CLUE Church at 5202 Outlet Drive. The recommended conditions are contained in the attached Resolution. Page 58 of 80 V. DISCUSSION: Bethel Church received a special permit in 2012 to hold services and church activities in a storefront at the Broadmoor Mall. The special permit was renewed in 2015. Bethel Church plans on sharing their storefront space with the CLUE Church until the new Bethel Church is built in the 6600 block of Chapel Hill Boulevard. When the new church building is completed the Bethel Church and the CLUE Church will move to the new building. Page 59 of 80 Vi c i n i t y Ma p It e m : S p e c i a l P e r m i t - C h u r c h i n a C - 1 Z o n e Ap p l i c a n t : O m a r R a m i r e z Fi l e # : S P 2 0 1 6 - 0 1 6 SI T E Page 60 of 80 RESOLUTION NO. A RESOLUTION GRANTING A SPECIAL PERMIT FOR THE LOCATION OF A CHURCH AT 5202 OUTLET DRIVE. WHEREAS, CLUE (Chisto La Unica Esperanza) Church submitted an application for the location of a church at 5202 Outlet Drive (Tax Parcel 115502016). WHEREAS, the Planning Commission held a public hearing on December 21, 2016 to review special permit for CLUE Church; and, WHEREAS, following deliberations on January 19, 2017 and the adoption of findings the Planning Commission recommended approval of a Special Permit for CLUE Church with certain conditions; WHEREAS, the City Council hereby adopts the Planning Commission findings for the CLUE Church application; and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: 1. That a Special Permit is hereby granted to CLUE Church for the location of a church in a C-1 (Retail Business) District under Master File # SP2016-016 with the following conditions: a) The special permit shall apply to the applicant and parcel 115502016; b) The space leased to the church must be maintained to conform with all “A” occupancy requirements of the International Building Code; c) The church shall not object to the transfer, renewal or issuance of a liquor license for an existing or new establishment within 1,000 feet of the property; Passed by the City Council of the City of Pasco this 6th day of February 2017. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Sandy Kenworthy, City Clerk Leland B. Kerr, City Attorney Page 61 of 80 1 REPORT TO PLANNING COMMISSION MASTER FILE NO: SP2016-016 APPLICANT: Veronica Jimenez HEARING DATE: 12-15-16 4122 Sahara Dr. ACTION DATE: 1-15-17 Pasco, WA 99301 BACKGROUND REQUEST FOR SPECIAL PERMIT: Location of a Church (CLUE Church) in a C-1 District 1. PROPERTY DESCRIPTION: Legal: Parcel # 115-502-016: a portion of the South half of Section 8, Township 9 North, Range 29 WM; General Location: 5202 Outlet Dr. Property Size: Approximately 11 acres 2. ACCESS: The site has access from Sandifur Parkway by way of Outlet Drive 3. UTILITIES: The site is served by municipal water and sewer. 4. LAND USE AND ZONING: The property is currently zoned C-1 (Retail Business). All surrounding property is zoned C-1 and undeveloped. 5. COMPREHENSIVE PLAN: The site is designated in the Plan for future commercial uses. The Plan does not specifically address churches, but elements of the Plan encourage the promotion of orderly development including the development of zoning standards for off-street parking and other development standards. 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. An environmental determination will be made after the public hearing for this project. A Determination of Non- Significance or Mitigated Determination of Non-Significance is likely for this application (WAC 197-11-355). ANALYSIS The application involves the location of a second church within the floor space currently rented by the Bethel Church in the Broadmoor Square Mall. Bethel Church occupies 17,936 square feet of floor area in the southeast corner of the mall property. Bethel Church was granted a special permit to locate in the mall in 2012. In original special permit was limited to 3 years and expired in October of 2015. The special permit was then renewed without an expiration date. Bethel church was also granted a special permit for a day care center Page 62 of 80 2 within the same space. The C.L.U.E. Church (Christo La Unica Esperanza Church) plans on sharing space with Bethel Church. The two churches will stager their worship times so both groups will not be in the building at the same time. Bethel Church uses the building on Sundays from 9:00 am to 11:00 am. It is anticipated the C.L.U.E. Church will use the same space from 11:00 am to 2:00 pm. Additionally the new church will be in the building on Monday nights for youth activities and the dress rehearsal for the following Sunday service. The major functions of the two churches will occur on Sundays when Charter College is closed and minimal activities are occurring at the mall. The Outlet Mall contains over 103,000 square feet of floor space. Forty-one thousand square feet of the mall is devoted to institutional uses (Charter College, World Life Church and the Police Mini Station). About Thirty-three percent of the mall floor area is vacant. The lease agreement with Bethel Church requires the church to participate in all common area charges shared by all lessees within the Mall. The common area charges are used for parking lot and exterior property maintenance. That agreement will not change with the including of the C.L.U.E. Church sharing space with Bethel Church. The Municipal Code (PMC 25.78.170) requires one off-street parking space for every 10 lineal feet of bench (pew) seating or one space for every 4 chairs in a church. Based on the occupancy loading of 450 people, 113 parking spaces would be required. No additional seating will be added for the C.L.U.E. Church they will be using the same sanctuary space at a different time than the Bethel Church. Parking areas are located to the north and south of the proposed church location provide more than 113 parking spaces. The Outlet Mall was constructed to meet Building Code requirements for retail activities. Places of religious worship are classified in the Building Code as “A” occupancies. When a building is changed from one occupancy class to another (from an “M” [Mercantile] to an “A” [Assembly] for example) the building is required to meet life/safety standards required for the new occupancy classification. The main sanctuary area is large enough to allow seating for at least 450 people. To meet the “A” occupancy requirements proper exiting, exit signage, emergency lighting, occupancy separation walls (between retail space and church space), additional restroom facilities and fire sprinklers are generally required by the Building Code. These occupancy changes were previously completed by Bethel church. No additional building modifications will be needed. Page 63 of 80 3 The Outlet Mall was built in 1995 for retail commercial purposes and was only marginally successful in attracting retail tenants. As the Outlet Mall business model decreased in popularity, occupancy rates at the Broadmoor Outlet Mall declined. Forty percent of the Broadmoor Mall is currently occupied by institutional uses such as Charter College, the World Life Christian Center and the Mini Police Station. Without the institutional uses seventy-three percent of the Mall would be vacant. While locating non-tax generating uses in a commercial area with freeway visibility is generally not a good choice for promoting additional retail activity it may be justified given the ongoing vacancy issues at the Broadmoor Outlet Mall. The Mall is seen as a temporary location for the churches which eventually find permanent locations. World Life Church is an example of a church that was located in the Outlet Mall for several years before finding a permeant location on court Street. Likewise Bethel Church has purchased 7.5 acres of Land on Chapel Hill Boulevard for the location of a permeant church building. The operators of the C.L.U.E. Church anticipates relocating with the Bethel church when a new building is constructed on Chapel Hill Boulevard. A potential problem with a church locating in a commercial area is the fact that some retail establishments or restaurants sell or serve liquor. There is a concern some churches may object to the approval of liquor licenses nearby. The issue is typically addressed by placing a condition on the Special Permit approval limiting the church’s ability to object to a liquor license. FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Planning Commission may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1. Churches are unclassified uses requiring review through the special permit process prior to locating or expanding in any zoning district. 2. The proposed church site is zoned C-1. 3. The proposed site is located at 5202 Outlet Drive. 4. The site was originally developed as the Broadmoor Outlet Mall. 5. The Outlet Mall contains over 103,000 square feet of floor area. 6. About thirty-three percent of the Outlet Mall is vacant. 7. About forty percent of the Outlet Mall is occupied by institutional uses (Charter College, World Life Church and Police Mini Station). Page 64 of 80 4 8. The area proposed to be occupied by the church is currently being used by the Bethel church. 9. Bethel Church has been granted three special permits for the site. Two for the church (one permit has expired) and one for a day care. 10. Churches are classified as an “A” occupancy under the International Building Code. “A” occupancy standards are different than the “M” occupancy standards. Bethel Church has previously addressed the occupancy standards. 11. The proposed sanctuary is large enough to hold at least 450 people. 12. The Municipal Code (PMC 25.78.170) requires one off-street parking space for every 10 lineal feet of bench (pew) seating or one space for every 4 chairs in a church. 13. Based on the occupancy loading of 450 people, 113 parking spaces would be required. 14. Parking areas are located to the north and south of the proposed church location with more than 113 parking spaces. 15. Church functions on Sunday will occur on site from at least 9:00 am to 2:00 pm. CONCLUSIONS BASED ON THE FINDINGS OF FACT Before recommending approval or denial of a special permit the Planning Commission must develop findings of fact from which to draw its conclusion based upon the criteria listed in P.M.C. 25.86.060 and determine whether or not the proposal: (1) Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive Plan? The Plan does not specifically address churches, but elements of the Plan encourage the promotion of orderly development including the development of zoning standards for off-street parking and other development standards. (2) Will the proposed use adversely affect public infrastructure? The Outlet Mall was designed to handle significant traffic with a large parking lot and interior circulation. The proposed church will conduct services at times when other Mall traffic is generally low and utility usage is low. (3) Will the proposed use be constructed, maintained and operated to be in harmony with existing or intended character of the general vicinity? Page 65 of 80 5 The proposed church will be located in the Broadmoor Outlet Mall and no exterior changes are planned to the building. The current store front character will be maintained. The Bethel church currently participates in common area maintenance costs to maintain the common area of the Mall. The intended character of the Outlet Mall is retail in nature. The proposed church is not expected to impact the character of the mall in a permanent manner. (4) Will the location and height of proposed structures and the site design discourage the development of permitted uses on property in the general vicinity or impair the value thereof? The proposed church will be located in part of the existing Outlet Mall and no structures will be built or added to the Mall. The site design will remain unchanged. Allowing the church to be located in the Mall on a long-term basis may discourage the development/location of commercial enterprises within the Mall. This concern could be addressed by limiting the time period for allowing the church to remain in the Mall. (5) Will the operations in connection with the proposal be more objectionable to nearby properties by reason of noise, fumes vibrations, dust, traffic, or flashing lights than would be the operation of any permitted uses within the district? The church will generate no more dust, vibrations, flashing lights or fumes than would be expected by permitted retail uses of the zoning district. Traffic generated by the church will occur mostly on Sunday mornings when Mall traffic is minimal. Small weekly meetings will generate minimal traffic on Monday. (6) Will the proposed use endanger the public health or safety if located and developed where proposed, or in anyway will become a nuisance to uses permitted in the district? Past history of church operations within the City has shown they do not endanger public health or safety and are generally not nuisance generators. APPROVAL CONDITIONS 1) The special permit shall be personal to the applicant; 2) The space leased to the church must be maintained to conform with all “A” occupancy requirements of the International Building Code; Page 66 of 80 6 3) The church shall not object to the transfer, renewal or issuance of a liquor license for an existing or new establishment within 1,000 feet of the property; RECOMMENDATION MOTION: I move to close the hearing on the proposed rezone and set January 19, 2017 as the date for deliberations and the development of a recommendation for the City Council. Page 67 of 80 Vi c i n i t y Ma p It e m : S p e c i a l P e r m i t - C h u r c h i n a C - 1 Z o n e Ap p l i c a n t : O m a r R a m i r e z Fi l e # : S P 2 0 1 6 - 0 1 6 SI T E Page 68 of 80 Mo t o r - cy c l e Sa l e s It e m : S p e c i a l P e r m i t - C h u r c h i n a C - 1 Z o n e Ap p l i c a n t : O m a r R a m i r e z Fi l e # : S P 2 0 1 6 - 0 1 6 SI T E La n d U s e Ma p RV Sa l e s Va c a n t SFDUs Va c a n t V a c a n t V a c a n t RV Sa l e s Pr i v a t e S c h o o l Page 69 of 80 C- 1 It e m : S p e c i a l P e r m i t - C h u r c h i n a C - 1 Z o n e Ap p l i c a n t : O m a r R a m i r e z Fi l e # : S P 2 0 1 6 - 0 1 6 SI T E Zo n i n g Ma p CR CR R-1 C- 1 Page 70 of 80 Lo o k i n g N o r t h Page 71 of 80 Lo o k i n g E a s t Page 72 of 80 Lo o k i n g S o u t h Page 73 of 80 Lo o k i n g W e s t Page 74 of 80 Si t e Page 75 of 80 PLANNING COMMISSION MINUTES 12/21/16 B.Special Permit Location of a Church in a C-1 (Retail Business) Zone (C.L.U.E. Church) (MF# SP 2016-016) Chairwoman Roach read the master file number and asked for comments from staff. Dave McDonald, City Planner, discussed the special permit application to locate a church in a C-1 (Retail Business) Zone. This application involves a church locating within the area of the Broadmoor Outlet Mall that the Bethel Church currently rents. Bethel Church rents about 17,000 square feet and was granted a special permit back in 2012 for a three year period. That special permit has since been renewed because they were still working on finding their own piece of property to locate permanently. They have now found a piece of property on Chapel Hill Boulevard and they are in the process of working on plans and building the church so it will still be a while before they can relocate. In the meantime, there is a smaller church, the C.L.U.E Church that has been invited to share the space with Bethel. They would use the space at different times on Sunday’s and they would also use the facility on Monday’s to practice for the next Sunday and for some youth activities. The public will not notice much of a change in activity at the site other than more activity on Sunday but on Sunday’s traffic in the general area is low and there is a large parking lot. Chairwoman Roach asked what the alternating times would be for services. Mr. McDonald answered that Bethel will go from 9:00am-11:00am and the C.L.U.E. Church would go from 11:00am-2:00pm on Sunday’s. Then when Bethel moves to their new building, the C.L.U.E. Church would like to move with them over at their new building. Chairwoman Roach asked if this special permit application only applies to the location at the outlet mall or if it would move to the new location. Mr. McDonald responded that it was only for the outlet mall location. Bethel Church as a special permit to operate at their new location but C.L.U.E. Church may or may not need to get a new special permit at the new location. With the current application locating in a commercial area that is why they are needing their own special permit. Chairwoman Roach asked when this special permit would expire. Mr. McDonald replied that it doesn’t expire as the last special permit from Bethel didn’t expire since they are working towards getting their own property. Chairwoman Roach asked if staff knew when Bethel was moving into their new facility. Page 76 of 80 Mr. McDonald answered, no. With no further questions or comments the public hearing closed. Commissioner Bykonen moved, seconded by Commissioner Polk, to close the hearing on the proposed special permit and set January 19, 2017 as the date for deliberations and the development a recommendation for the City Council. The motion passed unanimously. PLANNING COMMISSION MINUTES 1/19/17 A.Special Permit Location of a church in a C-1 (Retail Business) District (Omar Ramirez/CLUE Church) (MF# SP 2016-016) Chairman Cruz read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed the special permit application to locate a church in a C-1 District. There were no changes to the staff report since the previous meeting. Commissioner Greenaway moved, seconded by Commissioner Portugal, to adopt the findings of fact and conclusions therefrom as contained in the January 19, 2017 staff report. The motion passed unanimously. Commissioner Greenaway moved, seconded by Commissioner Portugal, based on the findings of fact and conclusions therefrom, the Planning Commission recommend the City Council grant a special permit to the Christo la Unica Esperanza Church for the location of a church at 5202 Outlet Drive, with the conditions as contained in the January 19, 2017 staff report. The motion passed unanimously. Page 77 of 80 AGENDA REPORT FOR: City Council January 26, 2017 TO: Dave Zabell, City Manager Regular Meeting: 2/6/17 FROM: Stan Strebel, Deputy City Manager Executive SUBJECT: Upgrade of TV Broadcast Equipment I. REFERENCE(S): Proposal Summary from Advanced Broadcast Solutions II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve the purchase and installation of TV broadcast equipment per the proposal from Advanced Broadcast Solutions, in the amount of $116,649.10 including sales tax and, further, to authorize the City Manager to execute the contract. III. FISCAL IMPACT: Included in 2017 budget. Expenditures to be reimbursed, over time, through payments from Charter Cable TV. IV. HISTORY AND FACTS BRIEF: The new franchise agreement with Charter Cable provides for funding to the City (approximately $20,000 per year) to be used for the purchase and maintenance of equipment necessary to record and broadcast PSCTV programming over the Charter TV system. Current equipment has been in service for a number of years (most since inception in 2006) and is in need of replacement. This provides the opportunity to purchase HD capable equipment which will result in better picture quality for viewers initially, as well as when Charter completes HD upgrades its system over time. The City has entered into a cooperative purchasing agreement with the City of Seattle to utilize Seattle's competitively-awarded materials, equipment, expert and/or consultant service contracts in satisfaction of state and city purchasing guidelines and, thus, assuring the best available pricing on the equipment and installation. Page 78 of 80 V. DISCUSSION: Staff recommends approval of the proposal from Advanced Broadcast Solutions. Page 79 of 80 Professional Services Agreement (Summary She et) Project: HD Video Upgrade. _______________________ _ Consultant: Advanced Broadcast Solutions. __________________ _ Address: 811 S. 192"d St.; S t e. 100, SeaTac, W A 98148. _____________ _ Scope of Services: Upgrade Council Chambers analog video system to HD; including: cameras, video switcher, video recorder, displays, channel playback, router, streaming encoder, console/millwork .. ________________________ _ 2 ea. 75 inch LED LCD TVs to replace screen in chambers for pro jec te d images . Term: 1 week to install. _____ _ Completion Date: Anticipate nit 4 /1/17 ___ _ Payments to Consultant: D Hourl y R ate: $. __________ _ ~ F ixed Sum of: $116,649.10 _____ _ D Other:-------------- Insurance to be Provided: 1. C ommer cial General Liability: D $1,000,000 each occurrence; D $2,000,000 gener al a g gregate; o r 0 $ each occurrence; and $ general aggregate ---- 2 . Professional Li ability: D $1,000,000 per claim; D $1,000,000 policy aggregate limit; or D $ per claim ; and $ per policy a ggregate limit Other Information: ___________________________ _ Page 80 of 80