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HomeMy WebLinkAbout2017.02.13 Council Workshop PacketWorkshop Meeting AGENDA PASCO CITY COUNCIL 7:00 p.m. February 13, 2017 Page 1. CALL TO ORDER: 2. ROLL CALL: (a) Pledge of Allegiance 3. VERBAL REPORTS FROM COUNCILMEMBERS: 4. ITEMS FOR DISCUSSION: (a) Benton Franklin Council of Governments Annual Report Presented by Benton Franklin Council of Government's Executive Director, Brian Malley; Community & Economic Development Manager, Stephanie Seamans; and Transportation Programs Manager, Tanna Dole. 3 - 4 (b) Broadmoor Area Master Plan and Non-Project EIS 5 - 6 (c) Downtown Pasco Development Authority 2016 Annual Report 7 - 13 (d) Code Amendment: Mini-Pigs in Residential Zones (MF# CA 2016-005) 14 - 16 (e) Removal of Convenience/Payment Fees 17 - 19 (f) Assigning Council Representation to Districts 5. MISCELLANEOUS COUNCIL DISCUSSION: 6. EXECUTIVE SESSION: 7. ADJOURNMENT. REMINDERS:  11:45 a.m., Monday, February 13, Pasco Red Lion – Pasco Chamber of Commerce Membership Luncheon. (Guest Speaker: Dan Riley, Vice President, Tesoro Companies) Page 1 of 19 Workshop Meeting February 13, 2017  5:30 p.m., Wednesday, February 15, Clover Island Inn – Benton, Franklin & Walla Walla Counties Good Roads & Transportation Association Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; REBECCA FRANCIK, Alt.)  11:30 a.m., Friday, February 17, El Chapala, Kennewick – Benton-Franklin Council of Governments Board Meeting. (MAYOR MATT WATKINS, Rep.; COUNCILMEMBER REBECCA FRANCIK, Alt.) This meeting is broadcast live on PSC-TV Channel 191 on Charter Cable and streamed at www.pasco-wa.gov/psctvlive. Audio equipment available for the hearing impaired; contact the Clerk for assistance. Page 2 of 19 AGENDA REPORT FOR: City Council February 8, 2017 TO: Dave Zabell, City Manager Workshop Meeting: 2/13/17 FROM: Rick White, Director Community & Economic Development SUBJECT: Broadmoor Area Master Plan and Non-Project EIS I. REFERENCE(S): II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: In February of 2015 the City and the major property owner in the Broadmoor area began earnest efforts to position Broadmoor for planning and marketing efforts as the trigger for private investment in this area. At the January 25, 2016 Workshop, Council heard a presentation from the City's professional consultant on the efforts with master planning, marketing and preparing the larger Broadmoor Area for "permit ready" status. These efforts involve managing concurrent activities including:  Establishing land use designation and locations in close coordination with Council Goals and economic factors;  Establishing "on the ground" locations for infrastructure (roads, utilities and public land uses);  Providing certainty to the development community on product expectations and return on investment;  Accomplishing environmental review and clearance; and  Providing a systematic and comprehensive approach to developing a large and valuable community asset. The City's consulting team will provide Council an update on the Non-Project EIS Page 3 of 19 process and Master Plan at the February 13th Workshop. V. DISCUSSION: Continuing planning, implementing utility improvements and marketing for this area is important and necessary to realize the area's development potential. The Non-Project EIS process, which will accomplish environmental clearance, is seen as a critical st ep the City can proactively undertake. Page 4 of 19 AGENDA REPORT FOR: City Council February 8, 2017 TO: Dave Zabell, City Manager Workshop Meeting: 2/13/17 FROM: Rick White, Director Community & Economic Development SUBJECT: Downtown Pasco Development Authority 2016 Annual Report I. REFERENCE(S): II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: City Council formed the DPDA in December of 2010 to undertake revitalization of the Downtown area, provide management of the Pasco Specialty Kitchen and Farmer’s Market, promote utilization of the façade improvement program funded through Community Development Block Grant funds and in doing so - undertake revitalization of Downtown Pasco. The DPDA was licensed in Washington State as a non-profit corporation in May of 2011 and a full Board was appointed in July of 2011. The current Funding Agreement with the DPDA (approved by Council in November last year for 2017 and 2018) provides for an annual report to be submitted to City Council prior to the end of February. V. DISCUSSION: This past year, a number of important objectives were achieved by the DPDA, including:  Qualification for the Main Street Tax Credit Reimbursement Program which allows the City to receive a tax credit of $75,000 in 2018 for the City’s $100,000 contribution in 2017; Page 5 of 19  Continued the Food Truck Friday event which ran continuously through most of 2016;  Conducted successful Cinco de Mayo, Fiery Foods Festival and Christmas Tree lighting celebrations with total attendance of nearly 10,000;  Assisted three new businesses to open in the downtown core and two more made renovations in preparation for opening in early 2017;  Worked to build better team synergy between DPDA Programs - particularly the Farmers Market and Pasco Specialty Kitchen; and  Developed an annual sponsorship program for events in 2017. The DPDA also assisted in the significant outreach effort to the Downtown business community associated with the City’s visioning effort for development of the core area (4th/Lewis) revitalization plans. The DPDA will provide a presentation for the 2016 Annual Report at the February 13 Workshop Meeting and will be available to answer Council questions. Page 6 of 19 AGENDA REPORT FOR: City Council February 6, 2017 TO: Dave Zabell, City Manager Rick White, Director Community & Economic Development Workshop Meeting: 2/13/17 FROM: Jeff Adams, Associate Planner Community & Economic Development SUBJECT: Code Amendment: Mini-Pigs in Residential Zones (MF# CA 2016-005) I. REFERENCE(S): Planning Commission Memo Planning Commission Minutes Dated: 12/21/16 and 1/19/17 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: A City of Pasco resident has requested that the Municipal Code be changed to allow for the keeping of miniature pigs as pets. Staff has reviewed the issue and offers the information below for Council's consideration. On September 26, 2016 the City Council held a workshop where they discussed a code amendment for the keeping of mini-pigs, and requested the Planning Commission consider several options related to the issue, as follows: 1. Permit mini-pigs as pets outright; 2. Permit mini-pigs as pets via Special Permit; or 3. Prohibit mini-pigs as pets. On December 21, 2016 the Planning Commission conducted a workshop on the issue, and subsequently held a hearing on January 19, 2017 where they recommended the Page 7 of 19 City Council decline to amend the Pasco Municipal Code regarding the keeping of mini-pigs. V. DISCUSSION: Mini-pigs are miniature size pigs as recognized and registered by the American Mini Pig Association (AMPA). Mini-pigs (AKA: Teacup, Micro, Pixie, and Pocket Pig) are not breeds, but size classifications, often misleading to customers who expect their “mini-pig” to remain tiny over their lifespan. However, even AMPA-recognized mini- pigs can grow to over 18 inches in height and weigh in up to 150 lbs. Both Kennewick and of Richland advised that the issue of mini-pigs should be addressed carefully for many of the same reasons listed above. Kennewick also noted that they have received a few requests to have mini-pigs/pot-bellied pigs as pets in the last 2 years and have denied them all. They continue to be classified as farm animals. The Animal Control Agency for the Tri-Cities has noted that mini pigs do get large and can create quite a mess in a yard; they have also indicated that they do not have the proper facilities to house surrendered/abandoned pigs. For the reasons noted above, the Planning Commission recommends that the Pasco Municipal Code not be amended regarding the keeping of mini-pigs. Page 8 of 19 Page 1 of 2 M E M O R A N D U M DATE: January 23, 2017 TO: Planning Commission FROM: Jeffrey B. Adams, Associate Planner SUBJECT: Small-Breed Pigs or Mini Pigs as Pets (MF# CA 2016-005) A City of Pasco resident has requested that the City Code be changed to allow for the keeping of mini pigs as pets. On September 19, 2016 the City Council held a workshop where they discussed a code amendment for the keeping of mini-pigs, and requested the Planning Commission consider several options related to the issue, as follows: a. Permit mini-pigs as pets outright; b. Permit mini-pigs as pets via Special Permit; or c. Prohibit mini-pigs as pets. At a December 21, 2016 Planning Commission workshop meeting the Commission by consensus indicated it did not want to pursue establishing mini pigs as pets in the City of Pasco either through the special permit process or by permitting them outright with conditions. Findings of Fact 1) In mid-2016 a City resident requested that the City Code be changed to allow mini pigs as pets. 2) Mini Pigs are a miniature size pig as recognized and registered by the American Mini Pig Association. 3) Mini Pigs are usually a product of interbreeding Vietnamese potbellied pigs with several breeds, including Juliana, Gottengin/Guttengin, African Pygmy, Yucatan Micro, and/or Swedish White. 4) Mini pigs recognized and registered by the American Mini Pig Association average 12-18 inches in height, and typically weigh in between 50 to 150 lbs. 5) Unspayed mini pig females suffer from "PMS" and strong mood swings; 6) Intact male mini pigs produce a pungent odor in addition to displaying other unpleasant traits; 7) Neither unsprayed female or intact male mini pigs are desirable pets. Page 9 of 19 Page 2 of 2 8) The American Mini Pig Association identifies King County, Palouse, Prosser, Seattle, and Vancouver in the State of Washington as having adopted provisions for mini pigs. 9) There have been 7 verified pig-related complaints, resulting in 5 Code Enforcement Board cases between 2008 and 2016. 10) Staff is unaware of other requests for mini pigs in the last several years. 11) Titles 8 (Animal Control; Licensing), 9 (Specific Nuisances), and 25 (Zoning) would need to be amended. 12) Many people purchase mini-pigs thinking they will remain the size of a toy poodle but abandon them when they become full-sized. 13) Animal Control will not accept surrendered pigs as they do not have the proper facilities to deal with them. 14) The Planning Commission indicated at its December 21, 2016 workshop that it did not want to pursue establishing mini pigs as pets in the City of Pasco either through the special permit process or by permitting them outright. 15) The Planning Commission felt that prohibiting pigs as pets should be the recommended course of action for the City to advance the public health and welfare. RECOMMENDATION: MOTION: I move the Planning Commission adopt the findings of fact as contained in the January 19, 2017 staff memo on Small-Breed Pigs or Mini Pigs. MOTION: I move the Planning Commission recommend the City Council decline to amend the Pasco Municipal Code regarding the keeping of mini pigs. Page 10 of 19 -1-   PLANNING COMMISSION MINUTES 12/21/16 WORKSHOP: A. Code Amendment Mini-Pigs in Residential Zones (MF# CA 2016-005) Chairwoman Roach read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed the proposed code amendment. The City received a request for the municipal code to be amended to allow mini-pigs to be kept as pets. Currently pigs of any kind are classified as farm animals. Some research was conducted and mini-pigs while not approaching 1,000 lbs. like a commercial pig might, they do get to be roughly 50-100 lbs. They are different than a dog or cat in that they need to be spayed or neutered to be kept as pets. The neighboring jurisdictions were consulted and they both suggested using caution because most people that buy mini-pigs think they will stay little forever but they don’t. Many people that buy mini-pigs end up having a full size pig on their hands and then Animal Control will not accept surrendered mini-pigs as they do not have the proper facilities. The request was presented to City Council and they have asked the Planning Commission to consider three options: (1) Allow them outright with conditions, (2) Allow them through the special permit process or (3) Prohibit them outright as the City does now. Staff does not recommend Option 2 (Special Permit process) as that would take up the Planning Commission’s time with matters that aren’t all that important for the overall public health and welfare of the community. Staff would suggested the Commission either allow permitting them outright with conditions or prohibiting them outright, which Staff feels is the logical option. Commissioner Mendez asked if Staff had any pictures. Mr. White said no but added staff searched the database for complaints related to pigs and there have been 7 pig related complaints, not necessarily mini-pigs, but pig related complaints in general, which are not allowed depending on lot sizes. Commissioner Polk noticed that in the staff report and wondered if it was people who had pigs for food use or for pets. She asked if someone were to get a pig right now and it isn’t in compliance, what would happen to the pig and if Animal Control would have to come take the pig. Mr. White replied that Animal Control won’t take the animal because they’re not contracted to take pigs. The property owners would have to go through the Code Enforcement Board process. Commissioner Polk asked if the owner would be required to get rid of the pig. Mr. White answered that they would have to get rid of it or put it on a parcel that was large enough to allow farm animals and of the right zoning. Commissioner Bykonen noted that the staff report identified King County, Palouse, Prosser, Seattle and Vancouver as allowing pigs. She asked if staff had spoken to staff at Page 11 of 19 -2-   any of those locations. Mr. White said no, but there were copies of ordinances that allow it, however, staff was not contacted. Commissioner Bykonen was interested in knowing how it works in cities that currently allow pigs. Mr. White replied that his impression was that they don’t get a high degree of attention from municipalities because it is a fairly small portion of their overall workload. The Commissioners discussed the options. The Commissioners voted 5 to 2 of being in favor of Option 3 (Outright prohibiting mini-pigs in residential zones), with Commissioner Greenaway and Commissioner Polk in favor of Option 1 (Outright allowing mini-pigs in residential zones). There were no Commissioners in favor of Option 2 (Special Permit Process). With no further discussion or business, the Planning Commission was adjourned at 8:17 p.m. Respectfully submitted, David McDonald, City Planner Page 12 of 19 -1-   PLANNING COMMISSION MINUTES 1/19/17 C. Code Amendment Mini-Pigs in Residential Zones (MF# CA 2016-005) Chairman Cruz read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed the proposed code amendment for mini-pigs in residential zones. The Planning Commission heard this item at a previous workshop meeting prior to recommending it to City Council. It was brought to City Council for discussion prior to coming back to the Planning Commission for a hearing. Chairman Cruz briefly discussed the different options for the code amendment; (1) Allowing mini-pigs in residential zones outright, (2) Allowing mini-pigs in residential zones through the special permit process or (3) Banning mini-pigs in residential zones outright. With no further comments the public hearing closed. Commissioner Mendez moved, seconded by Commissioner Portugal, the Planning Commission adopt the findings of fact as contained in the January 19, 2017 staff memo on Small-Breed Pigs or Mini-Pigs. The motion passed 4 to 1 with Commissioner Greenaway dissenting. Commissioner Mendez moved, seconded by Commissioner Portugal, recommend the City Council decline amending the Pasco Municipal Code regarding the keeping of mini-pigs. The motion passed 4 to 1 with Commissioner Greenaway dissenting. With no further discussion or business, the Planning Commission was adjourned at 7:27 p.m. Respectfully submitted, David McDonald, City Planner Page 13 of 19 AGENDA REPORT FOR: City Council February 8, 2017 TO: Dave Zabell, City Manager Workshop Meeting: 2/13/17 FROM: Richa Sigdel, Director Finance SUBJECT: Removal of Convenience/Payment Fees I. REFERENCE(S): Proposed Ordinance II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: While the recommendation reduces General Fund revenue, annually by approximately $5,600, it eliminates unnecessary staff processing and data entry time by an equivalent amount. IV. HISTORY AND FACTS BRIEF: In early 2016, the City changed its utility bill payment service to a new vendor, Paymentus Inc., which has resulted in improved service and reduced fees. A number of fees, which were charged by and payable directly to the former vendor, have been eliminated (see table) resulting in savings to customers. The City has received revenue only from the debit card (walk up) convenience fees. As this is the only payment fee that is currently imposed, and must be collected through an entirely separate program, the extra staff time required to process and collect the $5,600 annual revenue does not justify the staff time or expense. Bill Pay Service Prior Vendor Xpress Current Vendor Paymentus Debit Payment Online $1.50 Free Page 14 of 19 Phone/Assist $3.50 - $4.50 Free Walk-up $0.50 $0.50 Credit Payment Online $1.50 Free Phone/Assist $3.50 - $4.50 Free Walk-up $3.00 Free Checking/Savings/Cash Online Free Free Phone/Assist $2.00 - $3.00 Free Walk-up Free Free V. DISCUSSION: Staff recommends adoption of the ordinance to repeal the convenience fees which are no longer applicable or cost efficient. Page 15 of 19 ORDINANCE NO. ________ AN ORDINANCE of the City of Pasco, Washington, repealing Section 3.112.040 “Miscellaneous Payment Processing Charges” and amending Section 3.07.090 “Miscellaneous.” WHEREAS, the City provides a variety of services whereby the customer is billed for services rendered; and WHEREAS, some fees are no longer relevant; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO HEREBY ORDAIN AS FOLLOWS: Section 1. That Section 3.112.040 “Miscellaneous Payment Processing Charges” of the Pasco Municipal Code shall be and hereby is repealed in its entirety. Section 2. That Section 3.07.090 “Miscellaneous” of the Pasco Municipal Code, shall be and hereby is amended to read as follows: 3.07.090 MISCELLANEOUS: Fee/Charge Reference A) Photocopy Fees – per copy $0.15 Admin. Order 42 B) Returned Payment Fee $25.00 3.112.010 C) Debit Card Convenience Fee (Counter) $0.50 3.112.040(A) D) Debit/Credit Card Convenience Fee (Web) $1.50 3.112.040(A) E) Phone Operator Assist Payment Fee $3.00 3.112.040(B) F) Phone No Assist Payment Fee $2.00 3.112.040(B) G) Late Pay Penalty $10.00 3.300.050(A) H) Phone & Collection Fee $10.00 3.300.050(B) I) Pre-Collection Fee $10.00 3.300.050(C) J) Collection Turnover Fee (charges, penalties & fees) 5% 3.300.050(D) K) Installment Plan Origination Fee ($10 min) 3% 3.300.070(D) L) Installment Plan Monthly Bill Fee $5.00 3.300.070(D) Section 3. This Ordinance shall take effect March 6, 2017. PASSED by the City Council of the City of Pasco this 21st day of February 2017. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Sandy Kenworthy, Interim City Clerk Leland B. Kerr, City Attorney Page 16 of 19 AGENDA REPORT FOR: City Council February 9, 2017 TO: Dave Zabell, City Manager Workshop Meeting: 2/13/17 FROM: Stan Strebel, Deputy City Manager Executive SUBJECT: Assigning Council Representation to Districts I. REFERENCE(S): Proposed Resolution District Map II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: State law (RCW 35A.12.180) provides that in the event of re-districting, if a vacancy in a district occurs, that an appropriate assignment of district representation should be made by the Council. The recent ruling and Order by Judge Suko in the ACLU laws uit has resulted in a vacancy in District No. 1, as well as some members of Council residing in districts to which they were not originally elected. The attached, proposed resolution designates one Councilmember for each district/position for the interim period, until new elections result in proper alignment. V. DISCUSSION: Staff recommends approval of the resolution. Page 17 of 19 RESOLUTION NO. ________ A RESOLUTION of the City of Pasco, Washington, assigning Council representation to districts. WHEREAS, the City Council has by Ordinance No. 4315, re-established its voting district boundaries as a result of a Partial Consent Order entered on September 2, 2016, by Federal Judge Lonnie Suko of the United States District Court for the Eastern District of Washington; and WHEREAS, the Federal Court by Decision of January 27, 2017, confirmed the redistricting as provided in Ordinance No. 4315, with new boundaries as described in PMC 1.10.020 through 1.10.070; and WHEREAS, the result of the re-establishment of district lines has resulted in the displacement of City Councilmembers from the districts from which they were elected; and WHEREAS, RCW 35A.12.180 requires that as the result of such redistricting, Councilmembers shall be assigned to such districts where a vacancy occurs, and the Councilmember so assigned shall be deemed to be residents of those districts. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS: Section 1. Pursuant to RCW 35A.12.180, the following Councilmembers are assigned as representatives to those districts preceding their names: District 1 Councilman Tom Larsen District 2 Councilman Al Yenney District 3 Councilman Saul Martinez District 4 Councilman Chi Flores District 5 Councilwoman Rebecca Francik District 6 Councilman Robert Hoffmann District 7 (at-large) Councilman Matt Watkins PASSED by the City Council of the City of Pasco, Washington, as its regular meeting dated this _____ day of ____________, 2017. ___________________________________ Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: ___________________________________ ___________________________________ Sandy Kenworthy, Interim City Clerk Leland B. Kerr, City Attorney Page 18 of 19 !. !. !. !. !. !. Al YennyTom Larsen Bob Hoffman Matt Watkins Saul Martin ez Rebecca Francik 001 002 008 058 004 049 039 102 032 047 062 041 037 059 013 046 067 066 051 048 036 017 040 065 003 063 018 045 023 006 035 050 024 022 055 015 012 016020 031 005 056 053 026 044 027 033 043 057 019 052 025 007 034 011 038 029 054 042 009 021 014 010 060 030 028 District 1 2 3 4 5 6 Pasco Mission 8 P a g e 1 9 o f 1 9