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HomeMy WebLinkAbout2017.12.04 Council Meeting PacketRegular Meeting AGENDA PASCO CITY COUNCIL 7:00 p.m. December 4, 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. 7 - 10 (a) Approval of Minutes To approve the Minutes of the Pasco City Council Meeting dated November 20, 2017. 11 - 12 (b) Bills and Communications To approve claims in the total amount of $3,289,604.75 ($2,267,054.10 in Check Nos. 219301-219253; $363,914.59 in Electronic Transfer Nos. 818430-818492, 818501-818548, 818557-818598, 818602-818721, 818723- 818857, 818862, 818864-818879; $29,105.05 in Check Nos. 51270-51298, 51302; $629,531.01 in Electronic Transfer Nos. 30114400-30114880). 13 - 18 (c) * Final Plat: Ferrara Terrace (MF# FP2017-010) To approve the Final Plat for Ferrara Terrace. (d) * December 2017 Council Meetings To cancel the following regularly scheduled Council meetings: Workshop meeting of December 11, Regular meeting of December 18 and Workshop meeting of December 25; and schedule a Special meeting on Monday, December 11. 19 - 26 (e) 2018 Legislative Priorities To approve Resolution No. 3804, declaring the City's Legislative Priorities for the 2018 session of the Washington State Legislature. Page 1 of 220 Regular Meeting December 4, 2017 (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 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: 27 - 33 (a) 2017 Supplemental Operating and Capital Budget CONDUCT A PUBLIC HEARING MOTION: I move to adopt Ordinance No. 4367, amending the 2017 Annual Operating Budget of the City of Pasco by providing supplement thereto; by appropriating revenue received in excess of estimated revenues for the current year and by providing transfers and adjustment authority and, further, authorize publication by summary only. MOTION: I move to adopt Ordinance No. 4368, amending the 2017 Annual Capital Budget of the City of Pasco by providing supplement thereto; and, further, authorize publication by summary only. 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: 34 - 42 (a) Utility Rate Adjustments (Ambulance, Irrigation and Stormwater) MOTION: I move to adopt Ordinance No. 4369, amending Pasco Municipal Code Sections 3.05.010 (Ambulance Definitions), 3.05.025 (Ambulance Monthly Utility Services Fees and Rates), 3.07.010 (Ambulance Utility), 3.07.190 (Stormwater Utility), 3.07.210 (Irrigation Water Utility), and 25.12 (Zoning Definitions) and, further, authorize Page 2 of 220 Regular Meeting December 4, 2017 publication by summary only. 43 - 50 (b) * Non-Represented Wage and Salary Plans MOTION: I move to adopt Ordinance No. 4370, providing for certain adjustments in the non-represented, non-management wage plan beginning January 1, 2018 and, further, authorize publication by summary only. MOTION: I move to adopt Ordinance No. 4371, providing for certain adjustments in the management salary plan beginning January 1, 2018 and, further, authorize publication by summary only. 51 - 78 (c) Business License Program Change MOTION: I move to adopt Ordinance No. 4372, amending PMC Title 5 “Business Licenses and Regulations” providing for participation in the Washington State Business License Service; and amending PMC Section 3.07 “Business Licenses” and, further, authorize publication by summary only. MOTION: I move to adopt Ordinance No. 4375, amending PMC Section 25.66.030 “Application Requirements – Fee”; Amending Section 25.66.050 “Administrative Decision"; and Amending PMC 25.66.090 “Transfer of Location” to provide for Business License System Approval and, further, authorize publication by summary only. 79 - 90 (d) Transportation Network Companies MOTION - Alternate #1: I move to adopt Ordinance No. 4373, amending Sections 5.45(A).040(B), 5.45(A).060(E), and 5.45(A).050 (eliminating all fingerprint requirements) of the Pasco Municipal Code and, further, authorize publication by summary only. MOTION - Alternate #2: I move to adopt Ordinance No. 4373, amending Sections 5.45(A).040(B), 5.45(A).060(E) and 5.45(A).050 of the Pasco Municipal Code and, further, authorize publication by summary only. 91 - 112 (e) Q* Rezone: Rezone from RT to R-1 (Chad Bettesworth of Pahlisch Homes) (MF# Z 2017-001) MOTION: I move to adopt Ordinance No. 4374, an ordinance rezoning Farm Unit 84, Irrigation Block 1, from RT (Residential Transition) to R-1 (Low Density Residential), and further, authorize publication by summary only. 113 - 134 (f) Q* Special Permit: Replacement for Stevens Middle School (MF# SP 2017-013) Page 3 of 220 Regular Meeting December 4, 2017 MOTION: I move to approve Resolution No. 3805, accepting the Planning Commission's recommendation and granting a special permit to the Pasco School District for the construction of a new Stevens Middle School to be located at the northeast corner of West Henry Street and 24th Avenue. 135 - 159 (g) Q* Special Permit: Middle School in an R-1 District (MF# SP 2017-015) MOTION: I move to approve Resolution No. 3806, approving a special permit for the location of a middle school located at the 9300 block of Burns Road as recommended by the Planning Commission. 160 - 187 (h) Q* Special Permit: Elementary School #17 (MF# SP2017-014) MOTION: I move to approve Resolution No. 3807, approving a special permit for the location of an elementary school in an R-1 zoning district at the 9100 block of Burns Road, as recommended by the Planning Commission. 188 - 208 (i) Q* Special Permit: Location of a Beauty and Barber School in a C-1 Zone (MF# SP2017-016) MOTION: I move to approve Resolution No. 3808, approving a special permit for the location of a beauty and barber school in a C-1 zoning district at 746 West Court Street, Suite B as recommended by the Planning Commission. 209 - 215 (j) * Appointment of Municipal Court Judge MOTION: I move to approve Resolution No. 3809, confirming the City Manager's appointment of Craig Stilwill as Municipal Court Judge for the term of January 1, 2018 through December 31, 2021. 216 - 220 (k) Super Majority Voting Requirement for Tax and Fee Increases MOTION: I move to approve Resolution No. 3810, calling for an Advisory Election on Super Majority Approval for Amendments to Taxes, Rates and Fees (not recommended). 9. UNFINISHED BUSINESS: 10. NEW BUSINESS: 11. MISCELLANEOUS DISCUSSION: 12. EXECUTIVE SESSION: 13. ADJOURNMENT. Page 4 of 220 Regular Meeting December 4, 2017 (RC) Roll Call Vote Required * Item not previously discussed Q Quasi-Judicial Matter MF# “Master File #....” REMINDERS: a. 1:30 p.m., Monday, December 4, TRIOS – Emergency Medical Services Board Meeting. (COUNCILMEMBER TOM LARSEN, Rep.; AL YENNEY, Alt.) b. 12:00 p.m., Wednesday, December 6, 2601 N. Capitol Avenue – Franklin County Mosquito Control District Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; AL YENNEY, Alt.) c. 4:30 – 6:30 p.m., Thursday, December 7, 7130 W. Grandridge Blvd. – Holiday Open House, hosted by Visit Tri-Cities, TRIDEC and the Tri-City Regional Chamber of Commerce. (ALL COUNCILMEMBERS INVITED TO ATTEND) d. 5:30 p.m., Thursday, December 7, P&R Classroom – Parks & Recreation Advisory Board Meeting. (COUNCILMEMBER SAUL MARTINEZ, Rep.; CHI FLORES, Alt.) e. 11:45 a.m., Monday, December 11, Pasco Red Lion – Pasco Chamber of Commerce Membership Luncheon. (Non-Profit Showcase - “Giving Back to our Community”) f. 5:30 p.m., Wednesday, December 13, Clover Island Inn – Benton, Franklin & Walla Walla Counties Good Roads & Transportation Association Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; REBECCA FRANCIK, Alt.) g. 7:00 a.m., Thursday, December 14 – BFCG Tri-Mats Policy Advisory Committee Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; REBECCA FRANCIK, Alt.) h. 7:00 p.m., Thursday, December 14 - Ben-Franklin Transit Board Meeting. (MAYOR MATT WATKINS, Rep.; COUNCILMEMBER CHI FLORES, Alt.) i. 11:30 a.m., Friday, December 15, 107 E. Columbia Drive, Kennewick – Benton-Franklin Council of Governments Board Meeting. (MAYOR MATT WATKINS, Rep.; COUNCILMEMBER REBECCA FRANCIK, Alt.) j. 6:00 p.m., Monday, December 18, City Hall Conference Room #1 – LEOFF Disability Board Meeting. (MAYOR MATT WATKINS and COUNCILMEMBER REBECCA FRANCIK) k. 7:30 a.m., Tuesday, December 19, 7130 W. Grandridge Blvd – Visit Tri-Cities Board Meeting. (COUNCILMEMBER CHI FLORES, Rep.; COUNCILMEMBER TOM LARSEN, Alt) l. 4:00 p.m., Wednesday, December 20, 7130 W. Grandridge Blvd – Tri-Cities National Park Committee Meeting. (MAYOR MATT WATKINS) Page 5 of 220 Regular Meeting December 4, 2017 m. 4:00 p.m., Thursday, December 21, 7130 W. Grandridge Blvd – TRIDEC Board Meeting. (COUNCILMEMBER CHI FLORES, Rep.; COUNCILMEMBER TOM LARSEN, 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 6 of 220 AGENDA REPORT FOR: City Council November 27, 2017 TO: Dave Zabell, City Manager Regular Meeting: 12/4/17 FROM: Daniela Erickson, City Clerk Administrative & Community Services SUBJECT: Approval of Minutes I. REFERENCE(S): Minutes 11.20.17 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve the Minutes of the Pasco City Council Meeting dated November 20, 2017. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 7 of 220 REGULAR MEETING MINUTES PASCO CITY COUNCIL NOVEMBER 20, 2017 CALL TO ORDER: The meeting was called to order at 7:00 p.m. by Rebecca Francik, Mayor Pro- tem. ROLL CALL: Councilmembers present: Chi Flores, Rebecca Francik, Robert Hoffmann, Tom Larsen, Saul Martinez, Matt Watkins and Al Yenney. Staff present: Dave Zabell, City Manager; Stan Strebel, Deputy City Manager; Leland Kerr, City Attorney; Richard Terway, Interim Public Works Director; Rick White, Community & Economic Development Director; Richa Sigdel, Finance Director; Dan Dotta, Interim Administrative & Community Services Director; Bob Metzger, Police Chief and Bob Gear, Fire Chief. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: Approval of Minutes To approve the Minutes of the Pasco City Council Meeting dated November 6, 2017. Bills and Communications To approve claims in the total amount of $2,502,946.42 ($1,152,862.34 in Check Nos. 219042-219300; $660,824.75 in Electronic Transfer Nos. 818551- 818556, 818599-818601; $33,276.41 in Check Nos. 51235-51269; $653,802.65 in Electronic Transfer Nos. 30113909-30114399; $2,180.27 in Electronic Transfer Nos. 417-422). 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 $307,859.72 and, of that amount, authorize $230,602.88 to be turned over for collection. Contract for Collection Services with Washington Collectors Tri-Cities, Inc. To approve the Collection Agency Contract with Washington Collectors Tri - Cities, Inc., and, further, authorize the City Manager to sign the document. MOTION: Mr. Yenney moved to approve the Consent Agenda as read. Mr. Larsen seconded. Motion carried by unanimous Roll Call vote. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: 2018 Operating & Capital Projects Budget Ordinances - Second Reading Ms. Sigdel updated Council on the recommended changes to the proposed 2018 Budgets. Page 1 of 3 Page 8 of 220 REGULAR MEETING MINUTES PASCO CITY COUNCIL NOVEMBER 20, 2017 Mayor Pro-tem Francik declared the Public Hearing open to consider the proposed 2018 Annual Operating Budget and Capital Projects Budget. Following three calls for comments, and there being none, Mayor Pro-tem Francik declared the Public Hearing closed. MOTION: Mr. Yenney moved for the second reading and adoption of Ordinance No. 4362, for the City of Pasco Annual Operating Budget for the Year 2018 and, further, authorize publication by summary only. Mr. Martinez seconded. Motion carried unanimously. MOTION: Mr. Yenney moved for the second reading and adoption of Ordinance No. 4363, for the City of Pasco Capital Projects Budget for the Year 2018 and, further, authorize publication by summary only. Mr. Martinez seconded. Motion carried unanimously. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: Code Amendment: Amending PMC 26.28 to Allow Administrative Approval of Final Plats (MF# CA 2017-007) Council and staff discussed the details of the proposed ordinance. MOTION: Mr. Flores moved to adopt Ordinance No. 4366, an ordinance amending PMC Title 26.28 allowing administrative approval of Final Plats, and further, authorize publication by summary only. Mr. Martinez seconded. Motion failed by the following Roll Call vote: Yes - Martinez, Flores, Francik. No - Larsen, Yenney, Hoffmann. Revenue Bonds for Waterworks Utility Council and staff discussed the details of the proposed Ordinance. MOTION: Mr. Yenney moved to adopt Ordinance No. 4365 relating to the waterworks utility of the City, including the sanitary sewerage system and the system of storm or surface water sewers as a part thereof; specifying, adopting and ordering the carrying out of a system or plan of additions to and betterments and extensions of the waterworks utility of the City; providing for the issuance of one or more series of water and sewer revenue bonds of the City in an aggregate principal amount of not to exceed $10,000,000 for the purpose of providing the funds necessary (a) to pay all or a portion of the costs of carrying out the plan of additions, (b) to make a deposit to the debt service reserve account as needed, (c) to refund and redeem outstanding water and sewer revenue bonds of the City and (d) to pay the costs of issuance and sale of the bonds and the administrative costs of the refunding; fixing or setting parameters with respect to certain terms and covenants of the bonds; appointing the City’s designated representative to approve the final terms of the sale of the bonds; and providing for other related matters and, further, authorize publication by summary only. Mr. Flores seconded. Motion carried unanimously. NEW BUSINESS: Property Purchase Council and staff discussed the details of the proposed resolution. Page 2 of 3 Page 9 of 220 REGULAR MEETING MINUTES PASCO CITY COUNCIL NOVEMBER 20, 2017 MOTION: Mr. Flores moved to approve Resolution No. 3803 approving the Purchase and Sale Agreement with the Pasco School District for 20.32 acres located north of Court Street, between Roads 48-52 and, further, authorize the City Manager to execute all necessary do cuments. Mr. Yenney seconded. Motion carried unanimously. Bid Award: Oregon Avenue (SR 397) Corridor Improvements, Phase 1, No. 12002 Council and staff discussed the details of the proposed resolution. MOTION: Mr. Yenney moved to award the Oregon Avenue (SR 397) Corridor Improvements Phase 1 project to Culbert Construction, Inc. of Pasco, Washington in the amount of $6,622,707.52 and, further, authorize the City Manager to execute the contract documents. Mr. Martinez seconded. Motion carried by unanimous Roll Call vote. MISCELLANEOUS DISCUSSION: Mr. Martinez noted that City Hall would be closed November 23rd and 24th in observance of Thanksgiving. EXECUTIVE SESSION: Council adjourned to Executive Session at 7:39 p.m. for approximately 30 minutes to evaluate the qualifications of a candidate for appointment to office and to discuss litigation or potential litigation with the City Manager, Deputy City Manager and the City Attorney. Mr. Larsen left the Executive Session at 7:43 p.m. Mayor Pro-tem Francik returned at 8:07 p.m. to extend the Executive Session until 8:21 p.m. Mayor Pro-tem Francik returned at 8:17 p.m. to extend the Executive Session until 8:30 p.m. Mayor Pro-tem Francik called the meeting back to order at 8:27 p.m. ADJOURNMENT: There being no further business, the meeting was adjourned at 8:27 p.m. APPROVED: ATTEST: Matt Watkins, Mayor Daniela Erickson, City Clerk PASSED and APPROVED this 4th day of December, 2017 Page 3 of 3 Page 10 of 220 AGENDA REPORT FOR: City Council December 1, 2017 TO: Dave Zabell, City Manager Regular Meeting: 12/4/17 FROM: Richa Sigdel, Director Finance SUBJECT: Bills and Communications I. REFERENCE(S): Accounts Payable 12.04.17 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve claims in the total amount of $3,289,604.75 ($2,267,054.10 in Check Nos. 219301-219253; $363,914.59 in Electronic Transfer Nos. 818430-818492, 818501- 818548, 818557-818598, 818602-818721, 818723-818857, 818862, 818864-818879; $29,105.05 in Check Nos. 51270-51298, 51302; $629,531.01 in Electronic Transfer Nos. 30114400-30114880). III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 11 of 220 December 4, 2017 Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined Check Numbers 219301-219253 51270-51298, 51302 Total Check Amount $2,267,054.10 $29,105.05 Total Checks 2,296,159.15$ Electronic Transfer Numbers 818430-818492 30114400-30114880 - 818501-818548 818557-818598 818602-818721 818723-818857 818862 818864-818879 Total EFT Amount $363,914.59 $629,531.01 $0.00 $0.00 Total EFTs 993,445.60$ Grand Total 3,289,604.75$ Councilmember 605,750.09 55,884.01 0.00 0.00 7,244.18 9,357.28 255.76 2,792.92 14,400.44 3,645.47 1,820.13 29,097.73 956.81 1,868.65 0.00 0.00 0.00 0.00 17,250.87 0.00 0.00 20,702.50 10,760.02 0.00 1,114,012.91 418,374.15 24,708.29 5,487.98 9,195.79 0.00 69,707.57 0.00 1,452.05 864,879.15 GRAND TOTAL ALL FUNDS:3,289,604.75$ EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL EQUIPMENT RENTAL - REPLACEMENT BUSINESS MEDICAL/DENTAL INSURANCE OLD FIRE OPEB 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 4th day of December, 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 12 of 220 AGENDA REPORT FOR: City Council November 27, 2017 TO: Dave Zabell, City Manager Rick White, Director Community & Economic Development Regular Meeting: 12/4/17 FROM: Darcy Bourcier, Planner I Community & Economic Development SUBJECT: Final Plat: Ferrara Terrace (MF# FP2017-010) 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 Ferrara Terrace. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: In May of this year the Council approved a preliminary plat for Ferrara Terrace. The developer is now seeking final plat approval for the subdivision. Ferrara Terrace is a multi-family residential development located just south of Majestia Land between Roads 90 and 92. The development contains 17 lots for zero-lot-line construction and the average lot size of just over 5,000 square feet. V. DISCUSSION: Prior to the approval of a final plat, the developer is to either install all infrastructure or post a bond or other instrument that secures the financing for the infrastructure improvements. In this case, the developer has completed the necessary improvements. Page 13 of 220 The final map provides and illustrates 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 220 Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CN ES/Airbus DS, USDA, U SGS,AeroGRID, IGN, and the GIS User Community OverviewMap Item: Final Plat of Ferrara TerraceApplicant: ProMade ConstructionFile #: FP 2017-010 ± SITE CITY LIMITS Page 15 of 220 Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CN ES/Airbus DS, USDA, U SGS,AeroGRID, IGN, and the GIS User Community VicinityMap Item: Final Plat of Ferrara TerraceApplicant: ProMade ConstructionFile #: FP 2017-010 ± SITE Road 92Majestia Ln Road 90Page 16 of 220 TRACT IMEDITERRANEANVILLAS PHASE 5 CURVE TABLE LINE TABLE SECTION DIAGRAM TAX PARCEL «I 1544414222ISOLINDINVESYMEATsnowLLcITAxPARCELII1I5HMIHO3I FINAL PLAT OF wESTNINSrER LN 12.0!new N um um.LI .9 5.FERRARA TERRACE S :3 I:L2 N W‘‘I LOCATED IN THE SW1/4 OF THE NE 1/4 OF SECTION BITOWNSHIP 9 NORTH,RANGE 29 EASTI 55.01 mu N mm v.54 gin‘2Y“0‘N “I”X scam 1”=30‘ CWY OF PASCO 3 BRA\;EsR-CT)I‘(I;=AALTDI/:;IéI:sECTIONOFSANDIFUR WILLAMETIE MERIDIAN,CITV OF PASCOI FRANKLIN COUNTY,WASHINGTON I55'°'5””II mm ‘I323’AND ROADIOUIPSIé12S—‘MIELEVATION:451 44 F‘’-"M35 W "VFW‘ E;I I5 3.,50 I2,_,I.,I um.LINE or L07 5 of ms: m.3-ms on:A1 a.9 MI \r~I ism»:on I1 new W now 92 Oz MMEIIA IME 4!.BASIS or BEARINGS7blE§T%NE9'39‘55“E/ALONGTHE NORTH LINE OF IHE NORTHEAST MAIESIIA LANE.In 3.ms W A, I’‘I 517IEEEPRLAIIF§sEIcIIE'§III;§I£:E9vII"LLI7I§f345:5?EIILIEIEVIIN ’T I “I”“°“"““”‘ I LANE PER (R3) 55¢-I-ION 3 VOLUME D or FLATS AT PAGE353 Renew:OF THE II AUDIYOR OF FRANKIJN COLINYV,WASHINGYONIeN»e T DR I I I I I I I | G I I P’L\I3III1IIIe""I cummm mum (R1).VACATEDPm (R3)-IES6”‘E 5 I I 1?\}1 I I I Wig»I I VINCENZO DR E’I I SIM‘I I I I I IESIR“951 I |I I MAJESTIA LN E .I I I I E5“EISTI‘I I w I _I I I M :2 Q I M I E°I:»s~*"I Lo‘“ I LEE‘I I II I 3 Q!“I E A III.» “I E 6 S D “I I IE,EIsNv I EEINIETIII I I I I L0‘aw“I ‘§IIs<I=“°‘.mi gEII‘ I I OT‘,NE“I I«AT‘*I IoE°R m E > I (szn.u'my I (A2)I ‘Io~“°I I”IeI°"“I I I?“°“E g 5§5 I 5 sr5I'3e'3II.I6'(?2).I W M ,I M)A In P I g I sm-s2.Da‘I I 1“-<I I I _r~O 3 3 *"‘“W"" 7 7777 77 7 7 7 7 I 52.00 mm was I—'\I 5 3I'3 Is,I I ° I I I .EE ..I E ::1 P -.E -= =°3“’;I :4 EE 5 s I 5 2 II, E S I I 3 4 ,EE 5 E 5 E .N 7 8 ‘9 ’3 VICINITY MAPI6.357 s.r.5,555 s.r.5.553 s.P.-N “5.6?»5!.-N s.sss S.r.I -:15 I 5395 SF _’5395 S,,*5396 SF _’543‘5-5 § __7 77 NDTTD SCALE I I _.._.._E .A S ,..S ...3 G I S 8 :-I *I I I 10'Put.2 2 |E I §§§2 I LEGEND I DEDICAIEI z z 2 Z Z Z .INDICATES SET 3“BRASS CAP WITH PUNCH I I IN CONCRETE use AND com:SYAMPED I “ma 2017“IN THIS pm I 7/A O sersm 30"IRON new WITH YELLOW §A ¥——————————————~——————————————-——~——§gg PLASTIC CAP STAMPED "MATARAZZOdS31E" A '...-I ,'Tm IN THIS PLATg:3_w 3835 7 5__oD szoo _5;___52a:I!I_I _me 7 E I 3 I E W ' E .E..E E <(g @R#mum:PROPEWTV PIN PER sumv I g E 5%$g In‘win:pomu as omImurv E.sm:NI mu I I I m-mo:Ionum OF(RI}UI'I|JI'1 EAIMENT /2 I -SE 3 O I 5 EQ REEERENEE WED I D -:I I M 3 THIS pm umm av mm or ms pm I I CDNYMNEDMVNIN(R3).mm In (Rs) 0‘/S.S 5 2 I D Eé ‘I’FOUND SURVEY MONUMENT/7 DESWEED 6 ,’I_—3 N an2'22'E may I I 7 __ —\_J 1w z X 3 QE o CALCDLATED POINT_NDT FOUND OR SE1 1%;I —m°'—g W-I‘RUVEN STREET I T’./N:I:D E I IR»:E:3:E:IEI::lR \l:IDCNEPEuRIQIEIEATED x _I II In’..D N N M8IInF’TRACT A ""II“I V'3‘3 AFN UDITDRPLE u DER2In5:I 7 ’3,550 S.F.-_=. 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(uw.u'RI)SANDIFUR PARKWAY A .<=°°7-°5.*2 7 7 7 7 7 7 7 7 7N a9‘sa‘.3e'E m7m-mm; 7 7 7 _, 7 _ 7 7 __-‘-/\5 Erin.w_2wmIR3 ~39 s srsdaa‘V4 2sns.us'(R3I (zm.n5'I12) AUDITOR'S CERTIFICATE SURVEYOR'S CERTIFICATE CITY OF PASCO SURVEYORIS CERTIFICATE 24 OF FWSI EV OWENSFILEDsonRenownWITHTHEFRANKLINcouNwAUDITORSomcgmsDAVorTHISMAPCORRECTLYREPRESENTSAmmMADEEvMEonUNDERMYDIRECTIONINCONFONMANCEIALEXANDERDMATARAZZOIREGISTEREDASAPROFESSIONALLANDSURVEVOREvTHESTATEor- 2D’I7AT M IN VOLUME REQUEST OF PBS ENGINEERING &ENVIRONMENTAL INC DE PLATS AT PACE AT THE WITH THE REDDIREMENTS OF THE suRvEv RECORDING ACT AT THE REQUEST OF PRO MADE CONSTRUCTIONILLC IN FEBRUARY 2uI7 WASHINGTON HEREEY CERTIFY THAT THIS PLAT IS A TRDE AND CORRECT REPRESENTATION OF THE LANDS ACTUALLY SURVEYED AND DESCRIBED HEREIN AND LOCATED IN A PORTION OF SECTION B,1'QN R2sE,WM SAID SURVEY HAVING EEEN PERFORMED UNDER Nw DIRECTION FROM FEBRUARV To SEPTEMBER 2uIT FRANKLIN COIJNTV ADDITOR INDEX NO BY DEPurv FRANKLIN CDUNTV ADDITDR ALEXANDER D MATARAZZOIPROFESSIONAL LAND SURVEVDR RECISTRATIDN No 4631:? DATE ALEXANDER D NIATARAzzO,PROFESSIONAL LAND SURVEVDR REGISTRATION No 4631:? DATE oaII2IIT IR2ISHORT PLAT 2D’I6—’I5<voL 2,PG 73 OF SHDRT PLATSIEV TOMKINS IR3INAIESTIA PLACE (VOL D PG SISDE RLATSIBY TOMKINS IRAIELLIANN ESTATES IVOL D PC em;OF PLATSI EV DYCK EIPBSIwas:I.gIII..I...g and EVIVIIDNIVEACBIIH(. ma E'sdIey EII/E,Ste Ias WIEVIIEHH.wA 99:52 sue 942 IEDEI pbsus:Em CLIENT we MADECONSYRUCTIDN LLc PNOJECYND Esau SURVEVDH ALEXANDERD MAYARAZZO we Di/IZDDI7 we av ADM DRAWN Ev R0?SCALE an sEcIIoN B VOWNSNIP s NURVN Ame:2:EASY my men EDLINTV FRANKLIN SHEET I DrzPage 17 of 220 VINCENEODRIVE N oma':S-w £a7_.22' NORTNTIESTCORNERDr NE NORINEAST I/o. m,24/2'anus CAP (Rum) N av:9'55'E 2553.35‘(BASIS or BEARINGS) TN:NORTHEASTI/O. 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I6.,S E’ I 3 I L L ‘5 .5 :5’ B T G O I 5 jv FD.ms CAP AI AFFARENY I I ,Noam DNEOFLDTSOF I CGES ESTATES (N u.ROAD no I _'ScaIe 1"100‘ CEED 50 we zoo _ L L ‘ FD.:'DRASS CW AT IIOAD so k uA.|:sTIA IJNE PER (R1) ROAD 92__1 V A I .n.aa'Ia2ErI3I931.57‘I 27aII‘ N avso'SS'E m.aS' ru.1'BRASS CAP AT ROAD In In NASSIIA UNE TRACT "A" SDVIHVIEST Damn:or THE NORTHEASTI/4.TIL 5'DRASS CAP (63n.n'_RIgI:oa.a_1(Aans) 7 SANDIFUR PARQAY guan-R OAD 90 DIIASS CAP Av ROAD an IE RAE COURT Pm (N) m.E"DRASS CAP AT RDADsoASANDIFDRPARI<vIAv S SSI:'ss'W 2a.::u:'(Iu) (26-55 05'R17 BASIS OF BEARINGS NB9‘3S‘55'E ALONG THE NORTH LINE OF THE NORTHEAST I OUARTEROF SECTION B,T9N,R29E,wM,AS SHOwN ON THE PLAT OF HERITAGE VILLAGE,PHASE 5,FILED IN VOLUME D OF PLATS AT PAGE 363,RECORDS OF THE AUDITOR OF FRANKLIN COUNTY,WASHINGTON VERTICAL DATUM SURVEY REFERENCES IRIIDDLES ESTATES IVOLD PG 2.:OF FLATS)av OWENS IR2ISHORT PLAT 2oIS.Is IVOL 2,PG 73 CF SHORT PLATSI av TOMKINS IRS)MAJESYIA PLACE IVOL D,PG 515 OF PIATS;av TOMKINS IRAIELLI/INN ESTATES IVoL D,PC See OF FLATS)av DvCI< Izzxnss‘R2 zn?sq‘IR:I THE NORTHEASTI/4. rn H/v asuss CAP STAIIPED 'mNSoN I5\I3?' CITV OF PASCO 3"aRASS CAP AT INTERSECTION OF SANDIFDR AND ROAD Inn (PSI »zSIAI ELEV/\TION=46144 s ?I‘33'5I'E 2oa.5.7u‘(n2kRJ)_ NARRATIVE THIS PROIECT wAS PERFORMED AT THE REOUEST OF PRO MADE CONSTRUCTION,LLC TO SUDDIVIDE THOSE LANDS KNOVVNAS TRACT A OF MAJESTIA PLACE,ACCORDING To THE PLAT THEREOF RECORDED IN VOLUME D OF PLATS,PAGE SIS A AS LOT 2I DF COLE‘S ESTATE,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME D OF PLATS,PAGE 24 THIS PROJECT IS DOUND ON THE EAST av ROAD 90,ON THE SOUTH av THE NORTHERLv BOUNDARY OF LOTS In A 22 OF THE SAID PLAT OF COLES ESTATES,ON THE wEST av ROAD an A ON THE NORTH av THE SOUTHERLv DOUNDARv OF SHORT PLAT 2oIs.I5,RECORDED IN VOLUME 2 OF SHORT PLATS AT PAGE 73 A av THE SOUTHERLv aOUNDARv OF THE PLAT OF MAJESTIA PLACE,RECORDED IN VOLUM'D OF PLATS AT PAGE SIS,ALL RECORDS OF FRANKLIN COUNTV,wASHINGTON THIS SURVEV wAS PERFORMED AS A REAL TIME KINEMATIC SURVEv USING DUAL FREOUENCv TRIMELE Ra GPS RECEIVERS HAVING AN ACCURACv OF ONE CENTIMETER t/—I PPM THE MONDMENTS SHOVVN HEREIN WERE VISITED AND TIED DURING ODR INITIAL SURVEvS IN FEaRUARv 2ITIs a.FEGRUARv 2OI7 TITLE REPORT REFERENCE ALL TITLE INFORMATION SHOwN ON THIS MAP HAS aEEN EXTRACTED FROM INFORMATION CONTAINED IN TICOR TITLE COMPANY TITLE REPORT.COMMITMENT ND ATI4uIO32_EFFECTIVE AUGUST 2::2D’I7 AT s onAM IN PREPARING THIS PLAT,Pas ENGINEERING x ENVIRONMENTALINC HAS CONDUCTED NO INDEPENDENT TITLE SEARCH,NOR IS Pas ENGINEERING 5 ENVIRONMENTALINC AWARE OF ANv TITLE ISSUES AFFECTING THE PROPERTV OTHER THAN THOSE SHOWN ON THE PLAT AND DISCLOSED av THE REFERENCED TICOR TITLE COMPANv TITLE REPORT Pas ENGINEERING 5 ENVIRONMENTAL INC HAS RELIED wHOLLv ON TICOR TITLE COMPANv-S REPRESENTATION OF THE TITLE-S CONDITION TO PREPARE THIS MAP AND THEREFORE Pas ENGINEERING a ENVIRONMENTAL INC OUALIFIES THE MAP s ACCIIRACv AND COMPLETENESS TO THAT ExTENT LEGAL DESCRIPTION (PER TITLE REPORT) TRACT A MAJESHA PLACE ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME D‘OF PLATS PAGE SIS RECORDS OF FRANKLIN COUNTv_VVASHINGTDN LOTISI21,COLES ESTATE,ACCORDING TO THE PLAT THEREOF,RECORDED IN VOLDME D OF PLATS,PAGE 24. RECORDS OF FRANKLINCODNTV,wASHINGTON FRANKLIN COUNTY PUBLIC UTILITY DISTRICT NOTE: THE INDIVIDUAL OR COMPANv MAKING IMPROVEMENTS ON A LOT OR LOTS OF THIS PLAT IS RESPONSIDLE FOR PROVIDING AND INSTALLING ALL TRENCH,CONDUIT,PRIMARY VAULTS,SECONDARv JUNCTION GOKES,AND DACKFILL FOR THE PLID'S PRIMARV AND SECONDARv DISTRIDUTION SvSTEM IN ACCORDANCE WITH PUD SPECIFICATIONS,SAID INDIVIDUAL OR COMPANV IMLL MAKE FULL ADVANCE PAvMENT OF LINE EXTENSION FEES AND WILL PROVIDE ALL NECESSARv UTILITY EASEMENTS PRIOR TO PUD CONSTRUCTION ANDIOR CONNECTION OF ANv ELECTRICAL SERVICE To OR WITHIN THE PLAT CITY OF PASCO REQUIRED NOTES: I I STREETADDRESSES FOR EACH LOT WILL GE DETERMINED Gv THE CITV OF PASCO AT THE TIME GUILDING PERMITS ARE ISSDED 2 I A PDDIIC UTILITVEASEMENT IS HEREGv DEDICATED OVER,DNDER AND UPON THE FRONT In FEET OF ALL LOTS ADJACENT a PARALLEL TO ALLSTREETS FOR THE INSTALLATION,CONSTRUCTION RENEWING, OPERATING AND MAINTENANCEOF AI L UTILITIESMATHIN THIS EASEMENT OWNER INFORMATION PRO MADE CONSTRUCTION,LLC SISS w DESCHUTES AVE,SUITE sue I<ENNEwICK,WA 99336 LEGEND.INDICATES SET 3“aRASS CAP VVITHPUNCH IN CONCRETE CASE AND COVER STAMPED ‘A5318 zmr IN THIS PLAT G SETS/B'x3D'IRON REEAR WITH YELLOW PLASTIC CAP STAMPED ‘MATARAZZD45318" IN THIS PIAT @ Rx FOUND PROPERTV PIN PER SURVEv REFERENCE NOTED 0 FOUND SURVEv MONUMENT AS DESCRIDED o CALCULATED POINT,NOT FOUND OR SET I we RECORD DIMENSION PER INDICATED SURVEv REFERENCE NUMDER AFN ALIDITOR FILE NUMGER Cu DENOTES CURVE DATA.SEE TADLE CL CENTERLINE EXIST EXISITING FD FOUND La DENOTES LINE DATA,SEE TAGLE P U E PUaLIC UTILITVEASEMENT RVV DENOTES RIGHI’-0F»WAY DEDICATED IN THIS PLAT S F SOUARE FEET IVOL ,PG I VOLUME PAGE USER UNITED STATES ELIREAU OF RECLAMATION —SECTION OF SECTION SUBDIVISION LINE ExIST RIGHT—0F—WAY ——jExIsT RIG?-1T—OF—WAYCENTERLINE ———A #—ExIST EASEMENT PLAY BOUNDARV ——l?IGHT—OF—WAVDEDICATED IN THIS PLAT ————’-RIG?-IT—OI-'—WAVCENIENLINE NEWLDTLINE —EASEMENT DEDICATED IN THIS PLAT FINAL PLAT OF FERRARA TERRACE LOCATED IN THE sw I/4 OF THE NE I/4 OF SECTION 5,TOWNSHIP 9 NORTH,RANGE 29 EAST, WILLAMETFE MERIDIAN,CITv OF PASCO,FRANKLIN COUNTY,WASHINGTON DEDICATION we,THE UNDERSIGNED,PRO MADE CONSTRUCTION,LLC,AWASHINGTON LIMITED LIADILITVCOMPANv HEREBV CGRTIFV THAT WE ARE THE OVIINERS OF THE TRACT DF LAND DESCRIDED HEREON AND I,TIFFANv EVANS HEREGv CERTIFv THAT I HAVE AN INTEREST IN THE TRACT OF LAND DESCRIEED HEREON HAVE WITH OUR FREE CONSENT AND IN ACCORDANCE VVITHOUR DESIRES CAUSED THE SAID TO EE SuRVEvED AND PLATTED AS SHOWN HEREON DO HEREav DEDICATE THOSE STREETS ANDIOR ROAD RIGH‘I'S—OF—WAYSHOwN HEREON TO THE USE OF THE PUaLII:DO HEREav VVAIVEON BEHALFOF THEMSELVES AND THEIR SUCCESSORS IN INTEREST ALL CLAIMS FOR DAMAGES AGAINST THE CITV OF PASCO AND ANv OTHER GOVERNMENTAL AUTHORITV wHICH MAv EE OCCASIONED To THE ADJACENT LAND av THE ESTAELISNED CONSTRUCTION DRAINAGE AND MAINTENANCEOF SAID DEDICATED STREETS ANDIOR RIGHTS.OF wAv,AND DO HEREav DEDICATE THE EASEMENTS AS SHOWN HEREON FOR THE USES INDICATED THIS SuaDIVISION SHALL HEREAFTER DE KNOwN AND DESIGNATED av THE NAME “FERRARA TERRACE“ FOR PRO MADE CONSTRUCTION LLC TITLE DATE TIFFANv EVANS DATE ACKNOWLEDGMENT STATE OF CODNTV OF I CERTIPv THAT I KNOW OR HAVE SATISFACTORv EVIDENCE THAT HAS SIGNED THIS PLAT ON BEHALFOF PRO MADE CONSTRUCTION,LLC.ON OATH STATED THAT E IS AUTHORIzED To EXECUYE THIS PLAT AND ACKNOINLEDGED IT AS THE FREE AND VOLUNTARY ACT OF SUCH PARTV FOR THE uSES AND PDRPOSES MENTIONED ON THIS PLAT NOTARv PuaLIC DATE Mv APPOINTMENT EKPIRES RESIDING ACKNOWLEDGMENT STATE OF COUNTV OF I CERTIFv THAT I KNOW OR HAVE SATISFACTORv EVIDENCE THAT TIFFANv EVANS HAS SIGNED THIS PLAT,ON OATH STATED THAT SHE Is AuTHORIzED TO EXECUTE THIS PLAT AND ACKNOVVLEDGED ITAS THE FREE AND VOLUNTARv ACT OF SUCH PARTv FOR THE USES AND PURPOSES MENTIONED ON THIS PLAT NOTARv PIIGLIC DATE Mv APPOINTMENT EXPIRES RESIDING TREASURER'S CERTIFICATE I HEREav CERTIFY THAT THE TAXES ON THE LAND DESCRIDED HEREON HAVE DEEN PAID TO AND INCLUDINGTHE vEAR 2a A D TAx PARCELS IIs—3a2—Iaa E 115391059 FRANKLIN COUNTY TREASURER DATE FRANKLINCOIIN-rv ASSESSOR APPROVALS THE ANNEXED PLAT IS HEREav APPROVED av AND FOR THE CITv OF PASCO COUNTVDP FRANKLIN,STATE OF wASHINGTON DATE MAvOR DATE CHAIRMAN,CITV PLANNINGCOMMISSION DATE CITV ENGINEER DATE CITV CLERK DATE THE UTILITVEASEMENTS SHOVVN HEREON ARE HEREav APPROVED FRANKLIN COUNTY PIIaLIC UTILITV DISTRICT DATE OaII2II7 AUDITOR'S CERTIFICATE FILED FDR RECORD wITH THE FRANKLIN COUNTV AUDITOWS OFFICE THIS DAv OF 2OIT AT M IN VOLDME OF FLATS AT PAGE AT THE REDLIEST OF PaS ENGINEERING a ENVIRONMENTAL INC FRANKLIN COUNTv AUDITOR av DEPUTv FRANKLINCOUNIV AUDITOR INDEx NO Envxmnmenml IncLAnoEIEGIEYBIvd,E;IDS RICVIIETIDWABQJSZ may ADM DRAWNBV REP SCALE!UVQmmmLseam»D YDWTWSNIP ENORYM CLIENT aau MADECoNsTRDCTIDN.ILC PRDJECYND seam Pas EVIQIHEQYIVIQma SUAVEvoR ALExANDERD MATAAAzzn DATE osIIzI2uIT RANGE ZSBIST D¥uHsa.(Om CITY mm LDLINTV FRANKLIN SHEET 7 DF;_Page 18 of 220 AGENDA REPORT FOR: City Council November 28, 2017 TO: Dave Zabell, City Manager Regular Meeting: 12/4/17 FROM: Stan Strebel, Deputy City Manager Executive SUBJECT: 2018 Legislative Priorities I. REFERENCE(S): 2018 Legislative Priorities Proposed Resolution II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. _____, declaring the City's Legislative Priorities for the 2018 session of the Washington State Legislature. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: The Washington State Legislature convenes on Monday, January 8, 2018. The upcoming session, commonly referred to as a "short session," is scheduled to end on March 9, 2018. Though shorter in duration than a "long" session (held in an odd- numbered year, the first year of a biennium), considerable activity is anticipated on major policy matters impacting Pasco and other municipalities. These proposals have the potential to favorably or adversely impact the City and its mission. C ontinuing still as a large issue this year is the Washington State Supreme Court's recent response to the legislature's action regarding the McCleary decision and the funding of public schools and its impact on the state's financing. Passage of a capital budget, as well as legislation regarding Transportation Network Companies and Small Cell providers are items of importance to cities, as well. The City has maintained a proactive posture with the legislature regarding the interests of Pasco. One means by which Council has made their concerns and interests known to the legislature, and specifically its legislative delegation, is through the adoption of its City Legislative Priorities Statement. Given the breadth and scope of the City's priorities, in order to be effective, the City Page 19 of 220 contracts with a legislative consultant based in Olympia to provide an on-the-ground presence in Olympia during session, monitor the state legislature throughout the year and advance the City's legislative agenda accordingly. V. DISCUSSION: Attached is the proposed 2018 legislative priorities list which reflects modifications to the previous agenda as recommended by staff and the legislative consultant, Briahna Murray, Vice President, Gordon Thomas Honeywell Governmental Affairs. The proposed changes are intended to reflect changed circumstances over the past year, so that the new list of priorities more accurately reflects current circumstances and the policy direction of the City Council. This item was discussed at the November 27 Workshop meeting. Staff requests Council's approval of the attached resolution. Page 20 of 220 City of Pasco 2018 State Legislative Priorities REIMBURSE CITY FUNDS THAT BACKFILLED DWSRF LOAN: Due to an error in the “re-appropriations only” 2017-2019 Capital Budget, and the failure of the Legislature to adopt a capital budget, jurisdictions that received Drinking Water State Revolving Fund (DWSRF) Loans in previous biennia were issued stop work orders on projects that were mid- construction. The City of Pasco received one of these loans for the Columbia Water Supply Project. Because the project was already under construction, the City would have incurred significant penalties had it stopped work. Instead, the City used City funds to continue the project. The City requests budget proviso language retroactively reimbursing Pasco and similarly-situated jurisdictions that continued to move projects forward on time, and within budget. PEANUTS COMMUNITY PLAZA: At the epicenter of downtown Pasco is Peanuts Park, the primary and historic gathering place for the community. Named after Peanuts, a dedicated resident who shared his love of community through candy, the park today is the heart of a culturally diverse downtown core. The City seeks $1 million in funding for Phase 1 of this project to revitalize the downtown plaza, upgrading this important community gathering place in a way that will spur economic development. LEWIS STREET OVERPASS: The City of Pasco is currently completing design of the Lewis Street Overpass project. The project replaces a deteriorating and functionally obsolete 1937 underpass on a former state highway. The Connecting Washington package included $15 million in state funding for the overpass. It is likely that the project will exceed this funding allocation, and additional funding sources will need to be identified. PASCO DNR PROPERTY: The City of Pasco hopes to continue working collaboratively with the Department of Natural Resources to facilitate the sale of the commercially-zoned properties west of Road 68, along the Chapel Hill Road alignment. ALLOW CITY PUBLIC FACILITY DISTRICT TO FUND AQUATIC CENTER: The Pasco Public Facility District (PFD) would like to fund and construct an aquatic center. Regional and county PFDs are authorized to construct “recreational facilities”; however, city PFDs are not. The City requests legislation or a local tool to bring this project to fruition. ENSURE SAFETY FOR TRANSPORTATION NETWORK COMPANY RIDERS: The City of Pasco opposes any statewide regulation of Transportation Network Companies (e.g. Uber, Lyft, etc.) that does not provide adequate safety measures for riders, including a requirement that TNC drivers undergo a background check that includes fingerprinting. LABOR REFORM: The City supports legislation reducing labor costs. Modification of the arbitration statute to provide clarity on “comparability” would better balance the interests of uniformed employees with those of the taxpayer. Contact: Matt Watkins Mayor (509) 416-6696 Dave Zabell City Manager (509) 545-3404 Email: citymanager@ Pasco-wa.gov Visit: www.pasco-wa.gov Page 21 of 220 The City of Pasco Supports/Opposes FINANCE/GENERAL GOVERNMENT State-Shared Revenues Pasco receives approximately $1.3 million annually from the state, categorized as “state -shared revenues.” Pasco supports restoring liquor profit revenues to pre-2012 levels by removing the 2011 cap, and restoring the 50/50 revenue sharing relationship over multiple biennia and dedicate the revenue to public safety. Election of Judges Pasco opposes legislation mandating that part-time municipal court judges be elected rather than appointed. Voting Laws Pasco supports legislation that changes the state voting laws to allow greater flexibility for local jurisdictions to meet federal Voting Rights Act goals, and provides such jurisdictions safe harbor from litigation. INFRASTRUCTURE & ECONOMIC DEVELOPMENT Model Toxics Control Account Pasco supports funding solutions to the Model Toxics Control Account that maintain and increase funding to storm water and clean up. Infrastructure Program Funding Pasco supports full funding of programs that support development and maintenance of local infrastructure such as the Transportation Improvement Board (TIB) and the Freight Mobility Strategic Investment Board (FMSIB). Economic Development Tools Pasco supports reinvigorating economic development programs currently in statute that now remain unfunded, such as the Local Revitalization Fund (LRF), the Local Infrastructure Financing Tool (LIFT), the Job Development Fund (JDF), and others. Additionally, Pasco supports establishing a tax increment financing or value capture financing program, similar to what is established in other states. Main Street Tax Credit Incentive Program Pasco supports legislation that increases the tax credit limits and makes necessary administrative changes to the Main Street Tax Incentive Program. Waste Water Treatment Facility Funding The City supports state increased funding opportunities for publically owned waste water industrial facilities. PUBLIC SAFETY BLEA Funding Pasco supports ongoing funding for the Basic Law Enforcement Academy. Funding to Reduce Gang Violence Pasco supports proposals that increase funding to reduce gang violence throughout the state. Marijuana Laws Pasco supports solutions to assist local governments in implementation of the recreational marijuana system, and supports policies that retain local authority on regulations that govern marijuana production or sale. Body-worn Cameras Pasco will monitor recommendations from the task force on body worn cameras, established by the 2016 Legislature. Page 22 of 220 LOCAL CONTROL 5G/Telecommunications Pasco supports legislation that recognizes local solutions and flexibility with the deployment of small cell technology. All-Terrain Vehicles Pasco opposes legislation that restricts its ability to respond to ATV use within the city. Breed Based Canine Restrictions Pasco opposes legislation that removes its ability to restrict ownership of dangerous breeds of dogs from within the community. LAND USE Notification of Pre- Annexation Agreements The City supports legislation improving notification of existing pre-annexation agreements in the home buying process. Annexation of Unincorporated Islands Pasco opposes legislation mandating cities to annex uninc orporated islands, but supports incentives that encourage annexation, such as lowering the percentage of petition signers needed to annex unincorporated islands. SEPA Reform Pasco supports efforts to reform the State Environmental Policy Act to streamline the process and remove items from the SEPA analysis that duplicate work already being completed by other ordinances and laws. Page 23 of 220 RESOLUTION NO. A RESOLUTION declaring the City’s legislative priorities for the 2018 session of the Washington State Legislature. WHEREAS, the 2018 session of the Washington State Legislature commences on January 8; and WHEREAS, the City of Pasco, as a municipal corporation and subdivision of the state, can be substantially affected by the actions of the legislature; and WHEREAS, the City Council has evaluated conditions impacting the City and opportunities to improve the services the City provides to its citizenry; and WHERAS, the City Council desires to identify its legislative priorities for the 2018 legislative session so they can be provided to state legislators prior to commencement of the next legislative session; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS: Section 1. That the legislative objectives stated herein below constitute the priorities of the City of Pasco for the 2018 legislative session.  REIMBURSE CITY FUNDS THAT BACKFILLED DWSRF LOAN: Due to an error in the “re-appropriations only” 2017-2019 Capital Budget, and the failure of the Legislature to adopt a capital budget, jurisdictions that received Drinking Water State Revolving Fund (DWSRF) Loans in previous biennia were issued stop work orders on projects that were mid- construction. The City of Pasco received one of these loans for the Columbia Water Supply Project. Because the project was already under construction, the City would have incurred significant penalties had it stopped work. Instead, the City used City funds to continue the project. The City requests budget proviso language retroactively reimbursing Pasco and similarly-situated jurisdictions that continued to move projects forward on time, and within budget.  PEANUTS COMMUNITY PLAZA: At the epicenter of downtown Pasco is Peanuts Park, the primary and historic gathering place for the community. Named after Peanuts, a dedicated resident who shared his love of community through candy, the park today is the heart of a culturally diverse downtown core. The City seeks $1 million in funding for Phase 1 of this project to revitalize the downtown plaza, upgrading this important community gathering place in a way that will spur economic development.  LEWIS STREET OVERPASS: The City of Pasco is currently completing design of the Lewis Street Overpass project. The project replaces a deteriorating and functionally obsolete 1937 underpass on a former state highway. The Connecting Washington package included $15 million in state funding for the overpass. It is likely that the project will exceed this funding allocation, and additional funding sources will need to be identified. Page 24 of 220 2018 Legislative Priorities Resolution Page 2  PASCO DNR PROPERTY: The City of Pasco hopes to continue working collaboratively with the Department of Natural Resources to facilitate the sale of the commercially-zoned properties west of Road 68, along the Chapel Hill Road alignment.  ALLOW CITY PUBLIC FACILITY DISTRICT TO FUND AQUATIC CENTER: The Pasco Public Facility District (PFD) would like to fund and construct an aquatic center. Regional and county PFDs are authorized to construct “recreational facilities”; however, city PFDs are not. The City requests legislation or a local tool to bring this project to fruition.  ENSURE SAFETY FOR TRANSPORTATION NETWORK COMPANY RIDERS: The City of Pasco opposes any statewide regulation of Transportation Network Companies (e.g. Uber, Lyft, etc.) that does not provide adequate safety measures for riders, including a requirement that TNC drivers undergo a background check that includes fingerprinting.  LABOR REFORM: The City supports legislation reducing labor costs. Modification of the arbitration statute to provide clarity on “comparability” would better balance the interests of uniformed employees with those of the taxpayer.  FINANCE/GENERAL GOVERNMENT  State-Shared Revenues: Pasco receives approximately $1.3 million annually from the state, categorized as “state-shared revenues.” Pasco supports restoring liquor profit revenues to pre-2012 levels by removing the 2011 cap, and restoring the 50/50 revenue sharing relationship over multiple biennia and dedicate the revenue to public safety.  Election of Judges: Pasco opposes legislation mandating that part-time municipal court judges be elected rather than appointed.  Voting Laws: Pasco supports legislation that changes the state voting laws to allow greater flexibility for local jurisdictions to meet federal Voting Rights Act goals, and provides such jurisdictions safe harbor from litigation.  INFRASTRUCTURE & ECONOMIC DEVELOPMENT  Model Toxics Control Account: Pasco supports funding solutions to the Model Toxics Control Account that maintain and increase funding to storm water and clean up.  Infrastructure Program Funding: Pasco supports full funding of programs that support development and maintenance of local infrastructure such as the Transportation Improvement Board (TIB) and the Freight Mobility Strategic Investment Board (FMSIB).  Economic Development Tools: Pasco supports reinvigorating economic development programs currently in statute that now remain unfunded, such as the Local Revitalization Fund (LRF), the Local Infrastructure Financing Tool (LIFT), the Job Development Fund (JDF), and others. Additionally, Pasco supports establishing a tax increment financing or value capture financing program, similar to what is established in other states.  Main Street Tax Credit Incentive Program: Pasco supports legislation that increases the tax credit limits and makes necessary administrative changes to the Main Street Tax Incentive Program.  Waste Water Treatment Facility Funding: The City supports state increased funding opportunities for publically owned waste water industrial facilities. Page 25 of 220 2018 Legislative Priorities Resolution Page 3  PUBLIC SAFETY  BLEA Funding: Pasco supports ongoing funding for the Basic Law Enforcement Academy.  Funding to Reduce Gang Violence: Pasco supports proposals that increase funding to reduce gang violence throughout the state.  Marijuana Laws: Pasco supports solutions to assist local governments in implementation of the recreational marijuana system, and supports policies that retain local authority on regulations that govern marijuana production or sale.  Body-worn Cameras: Pasco will monitor recommendations from the task force on body worn cameras, established by the 2016 Legislature.  LOCAL CONTROL  5G/Telecommunications: Pasco supports legislation that recognizes local solutions and flexibility with the deployment of small cell technology.  All-Terrain Vehicles: Pasco opposes legislation that restricts its ability to respond to ATV use within the city.  Breed Based Canine Restrictions: Pasco opposes legislation that removes its ability to restrict ownership of dangerous breeds of dogs from within the community.  LAND USE  Notification of Pre-Annexation Agreements: The City supports legislation improving notification of existing pre-annexation agreements in the home buying process.  Annexation of Unincorporated Islands: Pasco opposes legislation mandating cities to annex unincorporated islands, but supports incentives that encourage annexation, such as lowering the percentage of petition signers needed to annex unincorporated islands.  SEPA Reform: Pasco supports efforts to reform the State Environmental Policy Act to streamline the process and remove items from the SEPA analysis that duplicate work already being completed by other ordinances and laws. Section 2. The City Manager is hereby directed to inform state legislators and other appropriate parties of the City’s 2018 legislative priorities. PASSED by the City Council of the City of Pasco at its regular meeting this 4th day of December, 2018. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Daniela Erickson, City Clerk Leland B. Kerr, City Attorney Page 26 of 220 AGENDA REPORT FOR: City Council November 29, 2017 TO: Dave Zabell, City Manager Regular Meeting: 12/4/17 FROM: Richa Sigdel, Director Finance SUBJECT: 2017 Supplemental Operating and Capital Budget I. REFERENCE(S): 2017 Supplemental Operating Budget Ordinance 2017 Supplemental Capital Budget Ordinance II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: CONDUCT A PUBLIC HEARING MOTION: I move to adopt Ordinance No. ______, amending the 2017 Annual Operating Budget of the City of Pasco by providing supplement thereto; by appropriating revenue received in excess of estimated revenues for the current year and by providing transfers and adjustment authority and, further, authorize publication by summary only. MOTION: I move to adopt Ordinance No. ______, amending the 2017 Annual Capital Budget of the City of Pasco by providing supplement thereto; and, further, authorize publication by summary only. III. FISCAL IMPACT: Refer to attached Ordinances IV. HISTORY AND FACTS BRIEF: The items recommended to be included in the Supplemental Budget were unanticipated or indeterminable at the time of the 2017 Budget preparation: adjustments to beginning fund balances, revenues, transfers in, expenditures, transfers out and ending fund balances. Page 27 of 220 V. DISCUSSION: Council approved the 2017 Operating Budget in the amount of $183,061,379. The proposed Operating Budget Amendment reflects an increase of $6,629,328 in expenses and $2,073,289 in revenue. This represents an overall increase of 2% of the adopted budget. A large percentage of the increase in expense is due to the final construction cost of the Police Community Services Building and the purchase of a parcel of land within the current fiscal year, which was originally scheduled for the 2018 budget cycle. Other expenses include an unexpected increase in costs such as liability insurance, higher labor cost due to lower than expected vacancy rate and purchase of equipment in current fiscal year that was scheduled in 2016 but not able to execute due to lack of availability from the manufacturer. Changes in Capital projects are presented to Council on a regular basis as important milestones on the projects are reached and require Council approval. Council discussed the proposed Budget Amendments at the November 27 Council Workshop. Staff recommends approval of the proposed ordinances. Page 28 of 220 ORDINANCE NO ________ AN ORDINANCE AMENDING THE 2017 ANNUAL OPERATING BUDGET OF THE CITY OF PASCO BY PROVIDING SUPPLEMENT THERETO; BY APPROPRIATING REVENUE PRECEIVED IN EXCESS OF ESTIMATED REVENUES FOR THE CURRENT YEAR AND BY PROVIDING TRANSFERS AND ADJUSTMENT AUTHORITY. WHEREAS, staff has identified the need to make certain revisions to the 2017 Annual Operating Budget originally adopted through Ordinance No. 4315 on December 5, 2016; and WHEREAS, a Public Hearing has been held subsequent to due notice, and the Cit y Council has after consideration, deemed the proposed Supplement to the Annual Operating Budget necessar y and appropriate; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: §1. Pursuant to RCW 35A.33.120, the 2017 Operating Budget be and the same is hereby amended to provide for the following adjustments to beginning fund balances, revenues, transfers in, expenditures, transfers out and ending fund balances b y providing authority for any necessar y transfer of money within or between funds indicated. FUND REVENUES EXPENSES NET CHANGE 100 - General Fund $ 705,375 $ 2,262,557 $ 1,557,182 110 - Streets - 487,000 487,000 166 - Golf 250,000 250,000 - 182 - School Impact 900,000 900,000 - 188 - Lodging 65,000 65,000 - 190 - Revolving Abatement - 165,000 165,000 192 - Park Development - 421,500 421,500 193 - Capital Improvement - 421,500 421,500 515 - Equipment Replace Govt. 152,914 1,556,771 1,403,857 619 - Old Fire OPEB - 100,000 100,000 TOTAL $ 2,073,289 $ 6,629,328 $ 4,556,039 Page 29 of 220 §2. That the additions in appropriations and expenditures are hereb y declared to exist in the above funds for the said uses and purposes as shown above and the proper Cit y officials are hereby authorized and directed to issue warrants and transfer funds in accordance with the provision of the Ordinance. §3. This Ordinance shall take effect five (5) days after passage and publication. Adopted by the City Council of the City of Pasco, this ____ day of ___________, 2017. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Daniela Erickson, City Clerk Leland B. Kerr, City Attorney Page 30 of 220 AN ORDINANCE RELATING TO SUPPLEMENTAL CAPITAL PROJECTS BUDGET FOR THE YEAR 2017. WHEREAS, staff has identified the need to make certain revisions to the 2017 Capital Improvement budget originally adopted through Ordinance 4318 on December 5, 2016; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1: That the capital projects are hereby authorized as detailed.  The following schedule summarizes newly  authorized projects as well as continuing projects and constitutes the Capital Projects Budget. 2017 Budget Ammendment  Proposed 2017  Ammended  Budget General Automated Fire & Ambulance Dispatching 280,000 0 280,000  Fire Station Alerting Devices 45,000 0 45,000  City Hall Renovations CP5GN9A1503 500,000 (100,000)400,000  Fire Station 84 Remodel CP5FR9A1601 250,000 0 250,000  Animal Shelter Facility (Pasco Share) CP5PSAC1701 603,000 (403,000)200,000  Pasco City Television Capital Replacements & Upgrade 130,000 0 130,000  Vehicle Exhaust System in Fire Stations 60,000 0 60,000  Future Fire Station Feasibility Work 100,000 0 100,000  Wayfinding and Signage 225,000 (225,000)0  Reroof City Buildings MN9GN9M1701 220,000 25,000 245,000  Best Lock System 75,000 0 75,000  Police Station CP5GN9A1401 0 1,000,000 1,000,000  Regional Burn Buildings CP0FR3318FR 0 20,000 20,000  Total General 2,488,000 317,000 2,805,000 Park & Facilities Community Park in NW Quadrant 1,400,000 (1,400,000)0  Peanuts Park Restoration CP5PK8R1602/GR4CDTR1767 425,000 (300,000)125,000  Soccer Facility 1,050,000 (1,050,000)0  Schlagle Park Improvements CP5PK8R1601 40,000 0 40,000  Chiawana Park Playground Replacement CP5PK8R1700 175,000 4,200 179,200  Sacajawea Heritage Trail Underpass CP0PK8A1610 0 30,000 30,000  Marina Dock Replacement 0 150,000 150,000  New Neighborhood Park CP5PK8A1801 0 959,000 959,000  Commercial Kitchen Façade CP4PF8R1602 0 95,000 95,000  Total Park & Facilities 3,090,000 (1,511,800)1,578,200 Economic Development Farm Share Valve/Meter/SCADA CP5ED1R1306 300,000 (150,000)150,000  Broadmoor Area Planned Action SEPA CP9EDPW1401 250,000 0 250,000  ICSC (Internation Council of Shopping Center) CP9ED9M1701 0 20,000 20,000  CBC Housing Access Impr. CP5ED3R1701 0 45,000 45,000  Total Economic Development 550,000 (85,000)465,000 ORDINANCE NO _________ CAPITAL PROJECTS BUDGET FOR THE YEAR 2017 Page 31 of 220 2017 Budget Ammendment  Proposed 2017  Ammended  Budget Transportation Oregon Ave Corridor Improvements ‐ Phase 1 CP5ST3A1257 6,683,000 (6,453,000)230,000  Road 68 ‐ Dual Right‐Turn Southbound Lanes CP5ST3A1302 466,000 (459,000)7,000  20th Ave Corridor Safety Improvements CP5ST3A1406 2,221,000 0 2,221,000  Citywide Traffic Signal Controller Improvements Ph. 1 CP5ST4A1303 721,000 679,000 1,400,000  Midland Lane Extension (Including Traffic Signal) CP5ST4A1521 502,000 (192,000)310,000  Lewis Street Overpass CP5ST5A1302 130,000 (109,000)21,000  Chapel Hill Streets CP5ST3A1585 0 30,000 30,000  Chapel Hill Ext. LID 150 CP5ST3A1603 0 20,000 20,000  CBC Housing Access Impr. CP5ED3R1701 0 20,000 20,000  12001 Argent Rd CP5ST3A1254 0 20,000 20,000  Sandifur Pkway 0 30,000 30,000  East B Circle Roadway 0 30,000 30,000  Total Transportation 10,723,000 (6,384,000)4,339,000 Water Columbia Water Supply Project CP7WT2A1105 4,450,000 1,671,000 6,121,000  Butterfield WTP ‐ Sludge Drying Bed CP7WT2R1307 180,000 (30,000)150,000  Butterfield WTP ‐ 24" Valve Replacement CP7WT2R1402 70,000 410,000 480,000  Butterfield WTP ‐ Chlorine Safety Improvements CP7WT2R1700 75,000 (70,000)5,000  16008 ‐ WPWTP Backwash Ponds CP7WT1A1602 100,000 (100,000)0  Annual Water Line Upsize Match CP7WT2A1775 100,000 (30,000)70,000  Butterfield WTP ‐ PLC & Control Upgrades CP9WT2R1701 1,325,000 (1,225,000)100,000  15006 ‐ West Pasco WTP Filters Expansion CP7WT1A1525 130,000 (130,000)0  Butterfield WTP ‐ Automated Valve Actuators 25,000 (25,000)0  East Side Booster CP7WT2R1302 0 380,000 380,000  Oregon Ave Waterline CP7WT2R1501 0 240,000 240,000  Total Water 6,455,000 1,091,000 7,546,000 Stormwater 16023 Road 38 Stormwater CP7SM2A1601 150,000 (75,000)75,000  Total Stormwater 150,000 (75,000)75,000 Sewer Capital Avenue Lift Station CP7SE1A1603 388,000 0 388,000  Pearl Street Lift Station Replacement CP7SE1A1541 907,269 (832,631)74,638  WWTP Waste Activated Thickening CP7SE1A1602 600,000 (600,000)0  9th & Washington Lift Station CP7SE2R1603 664,853 (624,853)40,000  Road 36 Lift Station Upgrades CP7SE2R1602 286,864 0 286,864  30" Sanitary Sewer Main (NW Area) CP7SE2A1402 145,000 (125,000)20,000  WWTP Turbo Compressor Inlet Suction Retrofit CP7SE2R1540 125,000 (125,000)0  West Pasco Trunk Sewer Relining CP7SE2R1402 300,000 (290,000)10,000  The Maitland Lift Station CP7SE1A1543 68,108 (50,000)18,108  Annual Sewer Line Improvements CP7SE2A1701 100,000 (80,000)20,000  Annual Sewer Line Relining CP7SE2R1650 300,000 0 300,000  16001 Kahlotus Lift Station CP7SE1A1601 0 10,000 10,000  17013 Sewer Immediate Needs CP9SE1A1701 0 475,000 475,000  13001 WWTP Primary Clarifier 3 CP7SE2A1302 0 70,000 70,000  Total Sewer 3,885,094 (2,172,484)1,712,610 Page 32 of 220 2017 Budget Ammendment  Proposed 2017  Ammended  Budget PWRF 17003 Kahlotus/Dietrich Lift Station CP9SR2A1701 130,000 (40,000)90,000  17011 PWRF Drying Beds CP9SR2A1702 0 30,000 30,000  Total PWRF 130,000 (10,000)120,000 Irrigation 16012 Well Replace Village at Pasco Hts. CP7WX1A1602 0 360,000 360,000  Total Irrigation 0 360,000 360,000 TOTAL CIP BUDGET 27,471,094 (8,470,284)19,000,810 Section 2: This Ordinance is approved at the program level as shown below and shall take effect five (5) days after  passage and publication. Program 2017 Budget Ammendment  Proposed 2017  Ammended  Budget General 2,488,000 317,000 2,805,000 Park & Facilities 3,090,000 (1,511,800)1,578,200 Economic Development 550,000 (85,000)465,000 Transportation 10,723,000 (6,384,000)4,339,000 Water 6,455,000 1,091,000 7,546,000 Stormwater 150,000 (75,000)75,000 Sewer 3,885,094 (2,172,484)1,712,610 PWRF 130,000 (10,000)120,000 Irrigation 0 360,000 360,000 TOTAL CIP BUDGET 27,471,094 (8,470,284)19,000,810 ADOPTED by the City Council of the City of Pasco, this ____ day of ______________, 2017. Matt Watkins, Mayor ATTEST:APPROVED AS TO FORM: Daniel Erickson, City Clerk Leland B. Kerr, City Attorney Page 33 of 220 AGENDA REPORT FOR: City Council November 21, 2017 TO: Dave Zabell, City Manager Regular Meeting: 12/4/17 FROM: Richa Sigdel, Finance Director Finance SUBJECT: Utility Rate Adjustments (Ambulance, Irrigation and Stormwater) I. REFERENCE(S): Ordinance II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No. _______, amending Pasco Municipal Code Sections 3.05.010 (Ambulance Definitions), 3.05.025 (Ambulance Monthly Utility Services Fees and Rates), 3.07.010 (Ambulance Utility), 3.07.190 (Stormwater Utility), 3.07.210 (Irrigation Water Utility), and 25.12 (Zoning Definitions) and, further, authorize publication by summary only. III. FISCAL IMPACT: Utility Rates IV. HISTORY AND FACTS BRIEF: The Council approved the Utility Rate Study Professional Services Agreement with FCS Group in May of 2015 to perform utility rate studies. This effort was necessary as it had been many years since the City performed a comprehensive utility rate study to ensure that revenues collected through rates, grants and other sources were sufficient to cover the costs of operating the utility in compliance with all applicable laws and regulations, meet debt service and bond covenant obligations, and provide sufficient funding for future planned capital needs and system renewal. The pro-active stance the Council took in doing has already paid dividends through the most recent AA- rating provided by S&P Global for the revenue bond for the Waterworks Utility recently authorized by Council. Each of the four City-owned utilities - water, sanitary sewer, stormwater and irrigation - are operated as enterprise funds. FCS Group, a professional economic and accounting firm with extensive expertise in public sector rate studies and cost allocation, assisted Page 34 of 220 the City in reviewing all aspects of City-owned utilities, including operational cost, future utility capital needs as identified in the various adopted plans, and funds allotted to each utility. The group recommended revised rates for Water and Sewer utilities, adopted by the Council in November of 2015. Similarly, an Ambulance rate study was also conducted by FCS Group in 2015 to help with establishing an ambulance utility rate that is based on the true cost of providing ambulance and emergency medical services to the citizens and visitors of Pasco. Council has taken significant steps to prudently manage this fund. V. DISCUSSION: Since 2002, the City's population has more than doubled from approximately 30,000 to over 70,000. IRRIGATION The City provides irrigation service to over 7,400 customers north of the Franklin County Irrigation District canal (see below). While much of the distribution system has been installed through new development occurring in the irrigation service area over the past twenty years, production (wells and appurtenances) and transmission (larger diameter mains) facilities are much older and are beginning to demonstrate their age through failures and the need for higher maintenance levels. To improve system integrity and assure continued reliable operation Page 35 of 220 of the system, the 2018-2023 Capital Improvement Plan envisions approximately $531,000 in capital expenditures through 2023. Implementing the planned capital projects will require an interfund loan of $100,000 in 2018 and 2020, which the irrigation fund will pay back over time at market rate interest. While the interfund loan necessitates added annual debt service costs until retired, this will avoid the additional costs associated with more traditional methods of borrowing money, such as a revenue bond or a bank loan. The current rate for standard residential irrigation service is $27.30 per month during the irrigation season. As a result of the need for increased maintenance and capital investment, the revenues generated by the current irrigation rates are insufficient to cover anticipated expenses. Rates in this utility have been relatively flat for a decade and a half as costs of the labor, materials and electricity necessary to operate the utility have continued to increase. The Irrigation fund budget is relatively small with no practical opportunities for compensating reductions. Following Council review of Irrigation rates at recent Workshop meeting, staff reevaluated the financial needs of the utility, the potential use of an interfund loan (discussed above) and timing of future capital investment resulting in a more modest rate increase proposal. These changes were discussed with Council during the first public hearing on the 2018 Operating Budget. Staff and FCS Group have conducted a thorough analysis of the financial condition of the irrigation utility and its future needs and recommends irrigation service rate adjustments as follows: If adopted, the resulting schedule will maintain rates below their historic highs at the turn of this century. STORMWATER In 2012, the Washington State Department of Ecology, having worked collaboratively with local government agencies to meet the requirement of the federal Clean Water Act and develop a regulatory framework by which to implement stormwater discharge requirements, issued the Eastern Washington Phase II Municipal Stormwater Permit, which is essentially a general National Pollution Discharge Elimination System (NPDES) permit covering the period 2012-2019 applying to municipal stormsewer systems in Eastern Washington. The City's current NPDES permit expires in 2019 and as Council will recall from the recently adopted Stormwater Comprehensive Plan, the 2020-2026 permit will impose Page 36 of 220 higher standards on the City in the operation of its stormwater system. While there may be opportunities in the coming years to compete for grant funds, these new regulations are unfunded. The City's stormwater utility is funded through rates assessed to property owners. As identified in the Stormwater Comprehensive Plan and discussed at length with Council during its review, aside form the aforementioned costs associated with new regulations and requirements (water quality testing, illicit discharge, control of public/private retention/detention systems and public education), the City's stormwater collection system east of SR-395 is aging. Maintenance has been deferred for some time and the time has come for some significant rehabilitation projects. West of SR -395, particularly in the areas annexed over the past decade or so, revenue s in large lot developed areas are low when compared to system needs. And the system continues to expand with development and street improvements. Development also serves to increase revenues and generate economies of scale. The current monthly rate for standard residential stormwater service is $4.90 per month and is insufficient to fund the anticipated additional expenses discussed above. Staff and FCS Group have conducted a thorough analysis of the financial condition of the stormwater utility and its future needs and recommend stormwater rate adjustments as follows: The following graphic depicts the City's history of rate changes for the Irrigation and Stormwater utilities: Page 37 of 220 AMBULANCE UTILITY As previously mentioned, steps Council has taken since 2015 have significantly helped this utility recover its costs. The City is also in the process of requesting reimbursement from the Ground Emergency Medical Transport supplemental reimbursement program, which is expected to be reimburse the City approximately $500,000 per year. With the rising cost of medical supplies and equipment, and rapid growth in demand, staff is proposing that Council increase the monthly ambulance utility fee for 2018 by 3%, fro m the current rate of $14.55 to $14.98. As discussed during presentation of the 2018 budget, during the Workshop meeting and subsequent public hearings, the rate adjustments proposed herein were included in the recently adopted 2018 Operating Budget. Presentation of this item was made to Council at the November 27, 2017 Council Workshop. Staff recommends acceptance of the proposed rate adjustments. Page 38 of 220 ORDINANCE NO AN ORDINANCE of the City of Pasco, amending Pasco Municipal Code Sections 3.05.010 (Ambulance Definitions), 3.05.025 (Ambulance Monthly Utility Services Fees and Rates), 3.07.010 (Ambulance Utility), 3.07.190 (Stormwater Utility), 3.07.210 (Irrigation Water Utility), and 25.12 (Zoning Definitions). WHEREAS, The City completed a rate study with the assistance of FCS in September of 2017 to determine the impact of needed improvements and system expansion for regulatory compliance and to provide continuous service to customers for Stormwater and Irrigation services, and WHEREAS, The City completed a rate study with the assistance of FCS in November of 2015 to ensure ambulance utility rates sufficiently cover the cost of providing ambulance and emergency services. Based upon this Study and the City’s independent evaluation of the utility customers and circumstances regarding the classification of services, customers served, municipal facilities, demands and ability to service, the City has found that due to the differences in cost of service and facilities to its customer; the location of customers within the City; differing circumstances among its customers; require different classifications of customers and resulting differing rates to provide for an equitable establishment of utility rates among its utility customers, and provide for the stability of the utility funds, and WHEREAS, The City Council has determined that certain amendments to the ambulance, stormwater and irrigation are needed. For irrigation and Stormwater, the rate changes will be effective for five years, 2018, 2019, 2020, 2021, and 2022. For ambulance, the rate changes will be effective for one year, 2018, and NOW, THEREFORE, the City Council of the City of Pasco, Washington, does ordain an ambulance rate increase of 3% for 2018, irrigation rate increase of 3% for each of the five years and a stormwater rate increase of 15% for 2018, and a 5% increase for 2019, 2020, 2021, and 2022, as follows: THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. PMC Section 3.05.010, is hereby amended and shall read as follows: 3.05.010 DEFINITIONS. For the purpose of this chapter, these terms shall have the following meanings: J) “Equivalent Residential Unit” shall mean a unit of measure to express number of people’ Dwelling in a single family residence as provided by Office of Financial Management; K) “Full Time Equivalent” shall mean the ratio of total number of paid hours during a year by number of working hours in that year (1920 hours). Section 2. PMC Section 3.05.025, subsection B) is hereby amended and shall read as follows: B) Classifications. The monthly service fee shall be determined, in part, based upon the identified types of service provided to end users including residential, accident scene response, Page 39 of 220 health care facilities, senior care, public facilities and other identified ambulance service users. The monthly service fee shall be assessed on each of the following utility user classifications: 1) Single-Family Residential. Each residential unit shall be assessed as one ERU per residence in the amount indicated in the fee schedule in PMC 3.07.010. 2) Multi-Family Residential. Each residential unit shall be assessed as one ERU per residential unit in the amount indicated in the fee schedule in PMC 3.07.010. 3) Commercial/Business/Industrial. Each business shall be assessed a monthly base utility charge in the amount indicated in the schedule of fees and charges for each ERU in PMC 3.07.010. The number of ERU shall be calculated by dividing the total number of FTEs employed by such business or industry, by the number representing the average “household size” of residential and housing units within the City (as published and updated by Office of Financial Management of the State of Washington) computed on an annual basis. 4) Industrial/Assisted Living. Any assisted living facility shall be billed based on the number of occupants residing at the facility as authorized by the governmental agency having jurisdiction over such matters, with each occupant being an ERU. The City will solicit occupancy information on a monthly basis. Occupants who are Medicaid eligible shall be exempt from this calculation. Each assisted Living facility shall be assessed a monthly base utility charge in the amount indicated in the fee schedule in PMC 3.07.010. 5) Hotels/Motels. Each hotel/motel shall be assessed a monthly base utility charge based on the total number of rooms assuming a 1.5 occupancy per room average. The total number of rooms per hotel/motel will be multiplied by 1.5, the average occupancy factor, and then divided by the ERU. This product will then be multiplied by the occupancy rate (as published and updated by Visit Tri-Cities) on an annual basis. Each hotel/motel shall be assessed a monthly base utility charge in the amount indicated in the fee schedule in PMC 3.07.010. Section 3. PMC Section 3.07.010, subsection B) is hereby amended and shall read as follows: 3.07.010 AMBULANCE UTILITY EFFECTIVE 01/01/2018 B) Monthly Ambulance Service Fees: 2018 References Monthly Utility Rate per ERU $14.98 3.05.025 1) Family Residential Ambulance Utility Fee $14.55 3.05.025 2) Multi-Family Residential Ambulance Utility Fee $14.55 3.05.025 3) Commercial/Business Ambulance Utility Fee $14.55 3.05.025 4) Industrial Ambulance Utility Fee $14.55 3.05.025 Page 40 of 220 Section 4. PMC Section 3.07.190, subsections A), and B) are hereby amended and shall read as follows: 3.07.190 STORMWATER UTILITY EFFECTIVE 01/01/2018:    Fee/Charge Refere nce 2018 2019 2020 2021 2022 A Residential 1 Single-Family Residential (unit) $5.64 $5.92 $6.21 $6.52 $6.85 13.60. 2 Multi-Family Residential (per unit) $2.82 $2.96 $3.11 $3.26 $3.42 13.60. 3 Apartments (per unit) $2.82 $2.96 $3.11 $3.26 $3.42 13.60. 4 Undeveloped parcel (per month) $0.00 $0.00 $0.00 $0.00 $0.00 13.60. 5 Vacant building (per month) $5.64 $5.92 $6.21 $6.52 $6.85 13.60. B Industrial/Commercial: 1 Parking for O to 5 vehicles (per mo) $5.64 $5.92 $6.21 $6.52 $6.85 13.60. 2 Parking for 6 to 10 vehicles (per mo) $11.2 $11.8 $12.4 $13.0 $13.7 13.60. 3 Parking for 11 to 15 vehicles (per mo) $22.5 $23.6 $24.8 $26.0 $27.4 13.60. 4 Parking for 16 plus vehicles (per mo) $28.1 $29.5 $31.0 $32.6 $34.2 13.60. 5 Additional Charges - property runoff to City system $111.$116.$122. $128. $135.13.60. 6 State highway right-of-way (WSDOT) ($0.84 Min) $26.9 $28.3 $29.7 $31.2 $32.7 13.60. Section 5. PMC Section 3.07.210 subsection A) is hereby amended and shall read as follows: 3.07.210 IRRIGATION WATER UTILITY EFFECTIVE 01/01/2018: Fee/Charge Reference 2018 2019 2020 2021 2022 A. Irrigation water service; monthly rate, during irrigation season: 1) Base rate, per unit, for single family residential properties $28.12 $28.96 $29.83 $30.73 $31.65 13.61.190(A) 2) Base rate, per unit, for non-single family residential property $28.12 $28.96 $29.83 $30.73 $31.65 13.61.190(8) 3) Per irrigation unit $8.79 $9.05 $9.32 $9.60 $9.89 13.61.190(C) 4) Per irrigated acre (public parks, playgrounds and open spaces) $81.99 $84.45 $86.98 $89.59 $92.28 13.61.190(D) B. Unauthorized turn-on (any repair cost additional) $51.50 $53.05 $54.64 $56.28 $57.96 13.61.090 C. Disconnect/Connect Service due to violation. $51.50 $53.05 $54.64 $56.28 $57.96 13.61.100 D. Annual System Availability fee $90.64 $93.36 $96.16 $99.04 $102.02 13.61.060 Section 6. A new section PMC 25.12.085 entitled “Assisted Living” is hereby adopted and shall read as follows: Page 41 of 220 PMC. 25.12.085 ASSISTED LIVING FACILITY. “Assisted living facility” means a system of housing and care that is designed for two or more occupants who need some assistance with daily activities, and are required to be licensed by the State of Washington. Section 7. A new section PMC 25.12.222 entitled “Hotels or Motels” is hereby adopted and shall read as follows: HOTELS or MOTELS. “Hotels or motels” means any commercial establishment offering lodging to travelers and sometimes to permanent residents. Section 8. This Ordinance shall take effect January 1, 2018. PASSED by the City Council of the City of Pasco this 4h day of December 2017. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: ____________ __________________ Daniela Erickson, City Clerk Leland B. Kerr, City Attorney Page 42 of 220 AGENDA REPORT FOR: City Council November 27, 2017 TO: Dave Zabell, City Manager Regular Meeting: 12/4/17 FROM: Stan Strebel, Deputy City Manager Executive SUBJECT: Non-Represented Wage and Salary Plans I. REFERENCE(S): Proposed Ordinance - Non-Represented, Non-Management Proposed Ordinance - Management II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No. ____, providing for certain adjustments in the non-represented, non-management wage plan beginning January 1, 2018 and, further, authorize publication by summary only. MOTION: I move to adopt Ordinance No. ____, providing for certain adjustments in the management salary plan beginning January 1, 2018 and, further, authorize publication by summary only. III. FISCAL IMPACT: Estimated cost of $200,000 over a total of 122 budgeted employees for 2018. IV. HISTORY AND FACTS BRIEF: The City utilizes “comparable” cities compensation plans when negotiating union contracts for police and fire employees. To maintain competitiveness and lessen wage compression and maintain rough parity throughout the organization, similar comparable cities are used in evaluating wage, salary and total compensation plans of other City work groups (public works/facilities, non-represented, non-management and management positions). The current list of comparable agencies reflect cities outside the Puget Sound area, within 50% of Pasco’s population and within 20% of the City's general tax base measurement (annual property tax, sales tax and utility tax revenues). Organized bargaining units (police, fire and public works/facilities) negotiate specific Page 43 of 220 adjustments in bargaining contracts every two to three years, which generally provide for an annual adjustment. Non-represented employees (management and non- management) rely on action by the City Council as part of the budget process. The Cost Of Living Allowance (COLA) attempts to maintain internal equity and competitiveness for the City in retention and recruitment of employees. The table below reflects compensation trends over the previous six years, illustrating the cumulative COLA adjustments for all worker groups: Work Group 6-Year Total Non-Rep 10.3% I.O.U.E. 10.26% Police Guild 18.10% I.A.F.F. 17.35% V. DISCUSSION: While a difficult but quick way to balance a budget, ignoring inflationary impacts on employee salaries over time, serves to erode competitiveness which in turn impacts recruitment and retention, it can also creates wage compression and encourages further unionization of the workforce. For these reasons it is advisable that when economic conditions permit, adjustments be made to restore/maintain the competitiveness of the non-union wage scale. Council has accomplished that over the past few years and this proposal maintains the progress made in the regard. Accordingly, the recommended 2018 COLA adjustment for non-represented schedules, management and non-management, is 2.0%, which is on par with the CPI index utilized by the City’s comparable agencies for 2018 wage increases. The proposed adjustment is incorporated into the schedules attached hereto and incorporated into the 2018 budget. The cost of the recommended increase (2.0% COLA) of the non-management wage scale is estimated to be $125,565 (94 employees) for 2018. The cost of the recommended two percent (2.0%) COLA for the management salary plan is estimated to be approximately $75,050 (28 employees) for 2018. The proposed adjustments to the management salary plan serve only to increase the maximum range for those positions and not the individual salary of the incumbent(s), which is an entirely separate process. The proposed 2018 COLA adjustment of two percent (2%) was discussed on two separate occasions during the preliminary budget presentations. Page 44 of 220 Staff recommends adoption of the non-represented and management salary plans as presented. Page 45 of 220 ORDINANCE NO. _______ AN ORDINANCE concerning wages for certain Non-Management, Non- Represented Personnel beginning January 1, 2018. WHEREAS, after due consideration of the cost of living index and wage rates paid by comparable cities, and the history of wage adjustments for the City’s bargaining units, the City Manager has recommended a 2.0% cost of living adjustment in the non-management wage plan; and WHEREAS, the City Council also finds that the proposed cost of living adjustment is appropriate in consideration of the Department of Labor’s Consumer Price Index and comparability within the City and with other jurisdictions; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The wage scale for those non-management positions is specified in the attached Exhibit “A” which Exhibit is incorporated by reference as if fully set forth herein. The City Manager shall designate the appropriate hourly wage step in Exhibit “A” for each employee covered by this Ordinance, considering the employee’s time in the position, the current hourly wage, and the evaluation of the employee’s performance. Section 2. The step increases set forth in Exhibit “A” are dependent upon a satisfactory performance evaluation. If the performance evaluation of an employee demonstrates superior performance and upon recommendation of the Department Director, the City Manager has the discretion to advance an employee an additional pay step over that step otherwise obtainable by a satisfactory performance evaluation. Section 3. The wage scale set forth in Exhibit “A” shall be effective January 1, 2018 and remain in effect until this Ordinance is amended or superseded by subsequent Ordinance. Section 4. This Ordinance supersedes any conflicting prior Ordinance or conflicting provision of a prior Ordinance. Section 5. This Ordinance shall take effect five (5) days after passage and publication according to law. PASSED by the City Council of the City of Pasco at a regular meeting this 4th day of December, 2017. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Daniela Erickson, City Clerk Leland B. Kerr, City Attorney Page 46 of 220 ADMINISTRATIVE/PROFESSIONAL WAGE SCALE (Non-Represented/Non-Management) - 2018 Effective 01.01.2018 - 2% Position Grade Step EL Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 MAX Merit Department Assistant 1 5 11.78 12.02 12.26 12.50 12.75 13.01 13.27 13.53 13.80 14.08 14.36 15.51 Administrative Assistant 1 Cemetery Customer Service Rep. 26 17.85 18.21 18.58 18.95 19.33 19.71 20.11 20.51 20.92 21.34 21.76 23.51 Probation Services Clerk 27 18.21 18.58 18.95 19.33 19.71 20.11 20.51 20.92 21.34 21.76 22.20 23.98 Department Assistant 2 Deputy Court Clerk 28 18.58 18.95 19.33 19.71 20.11 20.51 20.92 21.34 21.76 22.20 22.64 24.46 Permit Technician 29 18.95 19.33 19.71 20.11 20.51 20.92 21.34 21.76 22.20 22.64 23.10 24.94 Accounting Clerk Engineering Technician 1 IS Technician: GIS Lead Court Clerk 33 20.51 20.92 21.34 21.76 22.20 22.64 23.10 23.56 24.03 24.51 25.00 27.00 Administrative Assistant 2 35 21.34 21.76 22.20 22.64 23.10 23.56 24.03 24.51 25.00 25.50 26.01 28.09 Code Enforcement Officer 37 22.20 22.64 23.10 23.56 24.03 24.51 25.00 25.50 26.01 26.53 27.06 29.23 Court Services Specialist Legal Secretary/Paralegal Planner 1 Recreation Specialist RN 39 23.10 23.56 24.03 24.51 25.00 25.50 26.01 26.53 27.06 27.60 28.15 30.41 Engineering Technician 2 40 23.56 24.03 24.51 25.00 25.50 26.01 26.53 27.06 27.60 28.15 28.72 31.02 Court Probation Officer Database Specialist HR Specialist Lead Recreation Specialist Network Specialist Payroll Specialist PC Specialist 41 24.03 24.51 25.00 25.50 26.01 26.53 27.06 27.60 28.15 28.72 29.29 31.64 Executive Administrative Assistant Policy Analyst Safety/Training Specialist 43 25.00 25.50 26.01 26.53 27.06 27.60 28.15 28.72 29.29 29.88 30.48 32.91 Building Inspector Construction Inspector Staff Accountant 45 26.01 26.53 27.06 27.60 28.15 28.72 29.29 29.88 30.48 31.09 31.71 34.24 Associate Planner City Clerk GIS Administrator Plans Examiner 49 28.15 28.72 29.29 29.88 30.48 31.09 31.71 32.34 32.99 33.65 34.32 37.07 Associate Engineer 51 29.29 29.88 30.48 31.09 31.71 32.34 32.99 33.65 34.32 35.01 35.71 38.56 Block Grant Administrator Database Administrator System Administrator 53 30.48 31.09 31.71 32.34 32.99 33.65 34.32 35.01 35.71 36.42 37.15 40.12 Communication Manager Instrumentation Technician 54 31.09 31.71 32.34 32.99 33.65 34.32 35.01 35.71 36.42 37.15 37.89 40.92 City Planner Civil Engineer Lead Accountant Network Administrator Senior HR Analyst 56 32.34 32.99 33.65 34.32 35.01 35.71 36.42 37.15 37.89 38.65 39.42 42.58 Senior Civil Engineer 61 35.71 36.42 37.15 37.89 38.65 39.42 40.21 41.02 41.84 42.67 43.53 47.01Page 47 of 220 ORDINANCE NO. ______________ AN ORDINANCE concerning the salaries for Management positions for the calendar year 2018. WHEREAS, after due consideration of the cost of living index and wage rates paid by comparable cities, and the history of wage adjustments for the City’s bargaining units, the City Manager has recommended a 2.0% cost of living adjustment in the management wage plan; and WHEREAS, the City Council also finds that the proposed cost of living adjustment is appropriate in consideration of the Department of Labor’s Consumer Price Index and comparability within the City and with other jurisdictions; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The maximum monthly salaries for management positions shall be as set forth in Exhibit “A” attached hereto, which Exhibit is incorporated by reference as if fully set forth herein. The schedule of maximum salaries set forth in Exhibit “A” sh all be effective January 1, 2018 and shall remain effective until this Ordinance is amended or superseded by subsequent Ordinance. The actual salary to be received by an employee occupying a management position shall be determined by the City Manager in an amount no greater than the maximum for the position except as authorized herein. Section 2. A merit increase may be granted to a City employee (with the exception of the City Manager) employed in one of the management level positions set forth in Exhibit “A” at the sole discretion of the City Manager and within the following guidelines; provided, however, the total of all merit increases herein authorized for the year 2018 does not exceed $50,000. (a) Any merit increase shall be based solely upon job performance demonstrating effort and achievement above and beyond that regularly expected of the position. (b) Any merit increase awarded shall be for a temporary period of time to be determined by the City Manager, provided any such merit increase shall expire not later than December 31, 2018. Section 3. For payroll purposes only, the monthly salaries as set forth in Exhibit “A” may be multiplied by twelve (12) and divided by two thousand eighty (2,080) (number of hours in work year) to determine an hourly rate of pay and paychecks may be computed and paid on this hourly basis; however, all positions listed on Exhibit “A” shall remain salaried positions. Section 4. This Ordinance supersedes any conflicting prior Ordinance or conflicting provision of a prior Ordinance. Section 5. This Ordinance shall take effect five (5) days after passage and publication according to law. Page 48 of 220 Ordinance Re: Cost of Living - Management Positions PASSED by the City Council of the City of Pasco at a regular meeting this 4th day of December 2017. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Daniela Erickson, City Clerk Leland B. Kerr, City Attorney Page 49 of 220 Position Maximum Salary City Manager CONTRACT Deputy City Manager 13,109 Police Chief Public Works Director A & CS Director Finance Director Fire Chief Assistant Fire Chief C & ED Director City Engineer Police Captain HR Manager IS Manager PW Superintendent Facilities Manager 8,881 Inspection Services Manager 8,227 Construction Manager PW Division Manager 7,803 Senior Program Manager Court Administrator Recreation Services Manager Customer Service Manager 6,173 Position by Appointment/Contract (1560 Annual Hours): Municipal Court Judge 9,500 Management Salary Scale - 2018 (Monthly Maximum) Effective 01.01.2018 - 2% 11,597 7,470 9,624 11,258 10,501 9,988 Page 50 of 220 AGENDA REPORT FOR: City Council November 29, 2017 TO: Dave Zabell, City Manager Regular Meeting: 12/4/17 FROM: Richa Sigdel, Finance Director Finance SUBJECT: Business License Program Change I. REFERENCE(S): Ordinance amending PMC 5 and PMC 3.07 Ordinance amending PMC 25 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No. ___________, amending PMC Title 5 “Business Licenses and Regulations” providing for participation in the Washington State Business License Service; and amending PMC Section 3.07 “Business Licenses” and, further, authorize publication by summary only. MOTION: I move to adopt Ordinance No. ___________, amending PMC Section 25.66.030 “Application Requirements – Fee”; Amending Section 25.66.050 “Administrative Decision"; and Amending PMC 25.66.090 “Transfer of Location” to provide for Business License System Approval and, further, authorize publication by summary only. III. FISCAL IMPACT: Business License Fee Structure IV. HISTORY AND FACTS BRIEF: During 2017 legislative session, the State Legislature passed Business License Bill HB-2005 effective July 23, 2017. This Bill requires all cities with a general business license program to partner for administration of such program with either the Washington State Business License Service (BLS) or FileLocal. Council was briefed in detail on this change and the impact to the City during the August 28, 2017 Council Workshop. Council directed staff to move forward with BLS. Page 51 of 220 BLS provides customers with a platform to intake general business license applications, route those to the City for approval, print and mail licenses and collect fees. As discussed, there are many benefits of the arrangement, specifically to our customers. The BLS platform will provide one-stop shopping for business license holders to obtain their State and City licenses in one transaction, an online payment option, and a simplified fee framework. One poor aspect of the program is that the business license applicant will incur a $19.00 fee from BLS for processing the application. The move will eliminate printing and mailing costs for the City, encourage greater compliance with City’s Municipal Code, while also retaining its approval authority, reduce some overtime costs and, for the customer, allows them to avoid a trip to City Hall and a wait in line to renew their business license. Some of the challenges of the transition are that the City will incur no significant cost savings, will lose some face-to-face interaction with its customers, as well as lose some current flexibility within its fee framework. There are specialized programs, such as rental licensing, special events, solicitors, etc., that would not fall under the general business license and the City will retain administration over such programs.The drawback of the BLS or any other software designed to serve multiple agencies is its flexibility. BLS has strict requirements on the fee structure that can be supported. Options include a flat fee, number of employee headcount/Full Time Equivalent (FTE), range of employee headcount/FTE, or any combination thereof. To avoid creating an inequity between small and large businesses, staff is recommending adoption of a fee structure that is a combination of a flat fee and number of FTEs. V. DISCUSSION: The level of awareness, or in some cases avoidance, of the City business license requirement varies from city to city. In that all businesses must obtain a license from the State, register their employees for L&I and Employment Security through the one - stop BLS process; based on their experience with other agencies already utilizing this process, BLS staff have advised the City to anticipate an increase of approximately 10% in the number of business licenses, as there will be no opportunity for inadvertent or purposeful avoidance of the requirement. Finance staff has conducted a break even analysis of revenues generated through current to proposed processes, including the assumption of a 10% increase in the number of business licenses overall, and have concluded that a flat fee of $80 per business, and a $20 fee per FTE will generate sufficient revenue to sustain the program and avoid a loss of revenue under the current system. This item was discussed at the November 27, 2017 Council Workshop. Page 52 of 220 Ordinance Amending Title 5 - 1 ORDINANCE NO.__________ AN ORDINANCE of the City of Pasco, Washington amending PMC Title 5 “Business Licenses and Regulations” providing for participation in the Washington State Business License Service; and amending PMC Section 3.07 “Business Licenses” WHEREAS, in 2017, the Washington State legislature passed the Business License Bill requiring cities with general business license requirements to participate in a Statewide platform for applications and renewals; and WHEREAS, the City Council has determined that it is in the best interest of the City to participate in the Washington State Business License Service (BLS) providing “one-stop shopping” for business license applications for both State business licenses and local business licenses; and WHEREAS, adoption of this system would require a significant change in the basis for calculating business licenses within the City, and having determined that utilizing a flat base fee plus a fee based upon the number of full-time equivalent employees provides a consistent and equitable means for assessing a business license fee compatible with the BLS platform, and determining that such is in the best interest of the citizens of the City of Pasco. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Section 5.04.010 of the Pasco Municipal Code entitled “Definitions” shall be and hereby is amended and shall read as follows: 5.04.010 DEFINITIONS. A) "Business" means all activities, occupations, trades, pursuits or professions located and/or engaged in within the City with the object of gain, benefit, or advantage, directly or indirectly. For the purpose of this Chapter, a business shall not include any qualifying religious, political, charitable or nonprofit activity, however, the same shall be subject to the provisions of Chapter 5.07 of this title. Each business location within the City of Pasco shall be deemed a separate business for the purpose of requiring a business license except those additional business locations within the City which provide ancillary services to the primary business activity, but do not provide direct sale of services or products including, but not limited to, facilities utilized only for storage, product preparation, maintenance or training. B) “Business Licensing Service” or “BLS” means the office within the Washington State Department of Revenue that administers the application and renewal of the City’s General Business Licenses. Page 53 of 220 Ordinance Amending Title 5 - 2 BC) "City" means City of Pasco, Washington. D) “Employee” means any person who performs work, labor, or services for a business and is on the business payroll. The term “employee” also includes self-employed persons, sole proprietors, owners, managers, partners, and all full-time, part-time, and temporary employees on the business payroll. CE) "Licensee" shall include the applicant(s) for a business license or the holder thereof for any use of period of time. DF) "Outside area" means unenclosed areas used for selling, display, or storage. EG) "Person" means any individual, partnership, joint venture, company, firm, corporation, association, receiver, assignee, trustee, trust, estate, club, or any group of individuals acting as a unit. Those engaged in the practice of a profession will be treated as any other person. F) "Square feet of floor space" means the total area of enclosed floor space regardless of use or number of locations. (Ord. 3647 Sec.1, 2003; Ord. 3569 Sec. 1, 2002; Ord. 2675 Sec. 1, 1988; prior code Sec. 3- 1.04 Section 2. That Section 5.04.020 of the Pasco Municipal Code entitled “License Required” shall be and hereby is amended and shall read as follows: 5.04.020 LICENSE REQUIRED. A) It is unlawful for any person to engage in any business within the City or to conduct any shows, exhibitions, or lawful games within the City without holding a license issued by the City and complying with the requirements of this chapter. If more than one business is conducted on a single premise, a separate license is required for each specific business conducted, operated, engaged in or practiced. If a business is conducted by the same owner, but from more than one premise in the City, a separate license shall be required for each premise within the City. (Ord. 2675 Sec. 1, 1988; Ord. 2261 Sec. 1, 1981; prior code Sec. 3-1.30.) B) Each application for licensure must be submitted with all required information and accompanied by all fees due. Applications submitted incomplete and remaining incomplete for 120 or more days will be withdrawn. C) Business licenses issued under this Chapter are effective upon approval and must be renewed annually on or before the expiration date of the license in order to continue business after the expiration date. D) Businesses required to obtain a license must do so prior to engaging in or conducting business within the City. Section 3. That Section 5.04.025 of the Pasco Municipal Code entitled “Procedure for Issuance of License” shall be and hereby is created and shall read as follows: Page 54 of 220 Ordinance Amending Title 5 - 3 5.04.025 PROCEDURE FOR ISSUANCE OF LICENSE. A) Every person required to procure a license under this Chapter must submit a complete Business License Application to the Business Licensing Service. In the case of licenses regulated through other Chapters of this Title, the application must be submitted directly to the City on the appropriate form or in the manner provided by the City, and provide all information and fees required by the City. 1) Unless otherwise provided, a complete application must be approved or disapproved by the City within fifteen (15) working days of receipt by the City. B) Renewal License Procedure. The licensee must submit a complete renewal application to the Business Licensing Service and provide all information and pay all fees due. In the case of licenses regulated under other Chapters of this Title, the renewal must be submitted directly to the City on forms or in the manner provided by the City, and must provide all information and fees required by the City. The renewal application must provide information concerning the applicant’s business during the preceding licensing period reasonably necessary to determine his eligibility for a renewal license and the computation of license fees. C) Duplicate License Procedure. To receive a replacement license that was issued under this Chapter, the licensee must contact the Business Licensing Service. For licenses issued under other Chapters of this Title, the licensee must ask the City for a duplicate license. Duplicate licenses issued through the City will be issued for amount indicated in the fee schedule in PMC 3.07.010. D) License Changes. When a licensee must update the business license account record created under this Chapter, or intends to change the physical place of business, the adjustment must be made through the Business Licensing Service. For a change of physical location, a new Business License Application may need to be submitted to the Business Licensing Service, providing the appropriate information and payment of fees due. The change will be referred to the City for review and re-approval before a new license will be issued. For licenses issued under other Chapters of this Title, the requested adjustment or change must be submitted directly to the City in the manner provided by the City, along with any information and fees required for the change. E) Disapproval of License. When the issuance of a license is denied and any action is instituted to compel its issuance, the applicant may not engage in the activity for which the license was refused while the matter is being reviewed, and until a license is issued. Section 4. That Section 5.04.050 of the Pasco Municipal Code entitled “Application for License” shall be and hereby is amended and shall read as follows: 5.04.050 APPLICATION FOR LICENSE. Each applicant for a license shall file an application through Business Licensing Service (excluding Rental License, Solicitors, For-Hire Drivers, Special Events, and non-profit organizations including occupancy registration, which shall be licensed directly through the City). with the City Clerk. The application shall be in writing Page 55 of 220 Ordinance Amending Title 5 - 4 and signed by the applicant and shall give the applicant's residence address and business address and such other information as shall be required by the City Clerk. Upon payment of the license fee, and satisfactory compliance with other applicable City ordinances and general laws, the clerk shall issue the license shall be issued. (Ord. 1447 Sec. 1, 1970: prior code Sec. 3-1.40.) Section 5. That Section 5.04.052 of the Pasco Municipal Code entitled “Responsibility of Applicant/License” shall be and hereby is amended and shall read as follows: 5.04.052 RESPONSIBILITY OF APPLICANT/LICENSEE. A) Information. Any applicant for a business license shall be responsible for the accuracy of the information given and statements made on the application form. In the event information provided on the application form becomes incorrect or inaccurate for any reason after issuance of a license by the City, the applicant licensee is personally responsible to file an amended application containing the correct information with the City Clerk update and manage their business information changes with the Business Licensing Service. (Ord. 2675 Sec. 1, 1988.) B) Requirements of this chapter. The applicant for a business license is personally responsible for compliance with the requirements of this chapter by the business named on any license issued on the basis of the application signed by the applicant submitted under this Chapter. (Ord. 2675 Sec. 1, 1988.) Section 6. That Section 5.04.055 of the Pasco Municipal Code entitled “Agents Responsible for Obtaining License” shall be and hereby is amended and shall read as follows: 5.04.055 AGENTS RESPONSIBLE FOR OBTAINING LICENSE. The agents or other representatives of non-residents who are doing business in this City shall be personally responsible for the compliance with this Chapter of their principals and of the businesses they represent with this chapter. (Ord. 2675 Sec. 1, 1988.) Section 7. That Section 5.04.057 of the Pasco Municipal Code entitled “Duties of Licensee” shall be and hereby is amended and shall read as follows: 5.04.057 DUTIES OF LICENSEE. Every applicant/licensee regulated under this chapter shall must: A) Ascertain and at all times comply with all laws and regulations applicable to such licensed business. B) Be personally responsible for the business operation and activities occurring on the business premises. C) Avoid all illegal practices or conditions on the business premises which do or may harmfully affect the public health, safety or welfare; including the taking of such corrective or preventative actions as are reasonably available (i.e., supervision, prohibiting lawbreakers and Page 56 of 220 Ordinance Amending Title 5 - 5 troublemakers from the business premises, reporting criminal activity to the police) and requested in writing by the City Manager or his designee. (Ord. 2675 Sec. 1, 1988.) Section 8. That Section 5.04.060 of the Pasco Municipal Code entitled “Term of Licenses” shall be and hereby is amended and shall read as follows: 5.04.060 TERM OF LICENSES. Business licenses issued under this Title are effective upon approval, and must be renewed through the Washington State Business License Service annually, on or before the expiration date of the license, in order to continue doing business within the City after the expiration date. All licenses shall be for a period of one year, unless otherwise provided herein;. such license to begin January 1st of each year and terminate the following December 31st, and must be renewed annually on the first regular business day of January, but in no case later than the last regular working day of February each year. Any license which is hereinafter required for any year shall entitle the licensee(s) to operate within the City until December 31st of the year in which the license is issued by the City unless revoked pursuant to section 5.04.110. Any and all licenses issued for any new business which shall begin operation after January 1st of any year, up to and including June 30th of any year, shall be required to pay the full license fee, but only one-half the license fee if operations begin after June 30th. (Ord. 3394 Sec. 1, 1999; Ord. 2675 Sec. 1, 1988; Prior code Sec. 3-1.44.) Section 9. That Section 5.04.080 of the Pasco Municipal Code entitled “Transfers” shall be and hereby is repealed in its entirety. Section 10. That Section 5.04.090 of the Pasco Municipal Code entitled “Rebates not to be Paid” shall be and hereby is amended and shall read as follows: 5.04.090 REBATES REFUNDS NOT TO BE PAID. No rebates refunds shall be paid made if the licensee shall fail to operate the business for the full period of the license. (Prior code Sec. 3-1.56.) Section 11. That Section 5.04.115 of the Pasco Municipal Code entitled “Reinstatement Procedures and Standards for Reviewing an Application for Reinstatement” shall be and hereby is amended and shall read as follows: 5.04.115 REINSTATEMENT PROCEDURES AND STANDARDS FOR REVIEWING AN APPLICATION FOR REINSTATEMENT. A) Procedures. At any time following the minimum time period for revocation of a business license and/or business licensing privilege set forth by the Hearing Examiner in their decision to revoke a license and/or business licensing privilege, reinstatement of the license and/or licensing privilege may be sought utilizing the following procedures: 1) A written An application shall be completed must be submitted through the Business License Service as provided in this Chapter; or in the case of licenses regulated under other Chapters of this Title, an application must be submitted to the City in a manner provided by on a form available from the City Clerk. Page 57 of 220 Ordinance Amending Title 5 - 6 2) When the complete The application is received by the City, when completed, shall be it must be filed with the City, with a copy to the City Attorney and the City Manager. 3) The Hearing Examiner shall set a public hearing date with at least two (2) weeks' notice to the applicant to consider the application for reinstatement. 4) The public hearing shall be advertised by the City Clerk in a newspaper of general circulation in the City of Pasco at least once and at least five (5) days prior to the public hearing. 5) At the public hearing the Hearing Examiner receive testimony from the applicant, City Staff and interested members of the public. 6) Upon conclusion of the public hearing the Hearing Examiner shall decide whether to approve the application for reinstatement with or without conditions, or to deny the application for reinstatement. 7) All approvals or denials of an application shall be supported by written findings of fact. B) Standards for Review. In making their determination on an application for reinstatement of a business license and/or the business licensing privilege, the Hearing Examiner shall consider all relevant factors brought to their attention, which shall include: 1) The time since the revocation action was taken; 2) The degree of applicant's culpability and the conduct leading to the revocation and the criminal nature of the conduct, if applicable; 3) The effect on the community of the conduct leading to the revocation of the licensing privilege and any lingering effects still experienced by the community; 4) The steps taken by the applicant to reform him/herself or insure that if placed in a similar business ownership position, he/she would not revert to the prior conduct which lead to the revocation of his/her license and/or business licensing privilege; and 5) Any additional means by which the applicant can demonstrate to the Hearing Examiner that if allowed a new business license, the prior wrongful conduct would not reoccur. (Ord. 4347, 2017; Ord. 3394 Sec. 1, 1999; Ord. 2922 Sec. 2, 1993.) Section 12. That Section 5.04.120 of the Pasco Municipal Code entitled “Maximum Fee” shall be and hereby is repealed in its entirety. Page 58 of 220 Ordinance Amending Title 5 - 7 Section 13. That Section 5.04.130 of the Pasco Municipal Code entitled “Base Fee” shall be and hereby is repealed in its entirety. Section 14. That Section 5.04.140 of the Pasco Municipal Code entitled “Square Footage Charges” shall be and hereby is repealed in its entirety. Section 15. That Section 5.04.150 of the Pasco Municipal Code entitled “Outside Area Charges” shall be and hereby is repealed in its entirety. Section 16. That Section 5.04.160 of the Pasco Municipal Code entitled “Fees” shall be and hereby is amended and shall read as follows: 5.04.160 FEES. An annual license fee as set for in Chapter 3.07 of this code shall apply for the following to all business categories (excluding Rental License, Solicitors, For-Hire Drivers, Special Events, and non-profit organizations, including occupancy registration). In addition to the annual license fee, there will be a fee for each employee: A) The number of employees is determined by adding the total number of hours worked by all employees within the City limits of Pasco during the twelve (12) month period immediately preceding the year for which the license fee is payable, divided by one thousand nine hundred twenty (1,920), the annual, per person full time work hour figure used by the Washington State Department of Labor and Industries. The result must be rounded to the nearest whole number. B) Employers without 12 months employment history must estimate the number of employee hours that will be worked during the coming 12-month period and use the above calculation on that total. C) The annual fee amount may be prorated to accommodate synchronization of a license expiration date with a date established by the Business Licensing Service. D) Handling Fees: All business license applications and renewals filed through the Business Licensing Service must include payment of the handling fees authorized by RCW 19.02.075 and WAC 458-02-200. E) Late Payment Fee: All business license applications must be renewed on or before the expiration date. Any license which is not renewed by the expiration date may be assessed a late penalty payable through Business Licensing Service (RCW 19.02.085) or the City (PMC 3.07.050), whichever is applicable. A license that remains delinquent for 120 or more days after the expiration date will be cancelled. Cancellation of a license requires reapplication for a license in order to conduct business within the City. A) RENTALS - DWELLING UNITS. Any person renting or making available for rent to the public any dwelling unit shall secure a license registering each dwelling unit including a certification warranting that each such dwelling unit complies with the Uniform Housing Code as adopted by the City and does not present conditions that endanger or impair the health or safety of Page 59 of 220 Ordinance Amending Title 5 - 8 the tenants. For the purpose of this section “dwelling unit” shall mean any structure or part of a structure which is used as a home, residence or sleeping place by one, two or more persons maintaining a common household, including but not limited to single family residences and units of multiplexes, apartment buildings and mobile homes. The annual business license fee shall be payable for each independent business location and the first unit and an additional fee for each additional rental dwelling unit available for rental to the public by the applicant. All revenues received from this business license fee shall be utilized exclusively for the cost of issuance of the license provided herein and the administration of Chapter 5.78 of this title. Issuance of the business license shall be contingent upon submission of the certification, inspection, as required by this title, payment of the fee provided above and compliance with Chapter 5.78 of this title. (Ord. 3560 Sec. 6, 2002; Ord. 3325 Sec. 1, 1998; Ord. 3231 Sec. 1, 1997; Ord 2992, Sec. 1, 1994.) (Codified elsewhere) B) AUCTION SALES. All auction sales shall pay a regular business license fee for a term of up to three consecutive days. Provided, however, that the fee requirements of this subsection shall not be applicable to persons, firms or corporations having established places of business in the City and having valid business licenses issued by the City, who wish to hold an auction for the purpose of disposing of excess inventory, damaged goods, or for promotion; provided, however, that any auction conducted under this provision shall not exceed one day in length and the person, firm or corporation holding such auction shall, as a condition precedent, file written notice with the City Clerk of the date, time, place and nature of the goods to be auctioned and the reasons for conducting the auction. Notice as required herein shall be filed with the City Clerk at least five days prior to the date the auction is to be held, and provided further, that no person, firm or corporation shall be entitled to hold more than one auction each calendar year under this provision without being required to pay the fee. This provision shall not apply in the following cases: 1) Judicial sales held pursuant to an order of the court; or 2) Non judicial sales held under the authority of and pursuant to a federal or state statute; or 3) An auction conducted by or on behalf of a political organization or a charitable corporation or association if the person conducting the sale receives no compensation; or 4) An auction conducted by or under the direction of a public authority; or 5) Wholesale auctions and stockyard auctions, which will be required to pay the regular license fee. All auction sales to which the above license fee provision applies shall be required to submit with their license application a legible photo copy of the auctioneer's current certificate of registration issued by the Washington State Department of Licensing and the auction company's certificate of registration issued by the Washington State Department of Licensing. Page 60 of 220 Ordinance Amending Title 5 - 9 Auction sales shall be required to comply with the Special Events provisions as set forth in this code. (Ord. 3560 Sec. 6, 2002; Ord. 2831 Sec. 1, 1991.) C) BANKS AND FINANCE AGENCIES. All banks and finance agencies shall pay an annual fee. Each branch shall be construed to be a separate bank for purposes of this chapter. (Ord. 3560 Sec. 6, 2002.) D) BOWLING ALLEYS. Bowling alleys shall pay an annual fee for the first alley and an additional fee for each additional alley. (Ord. 3560 Sec. 6, 2002.) E) COMMERCIAL RENTALS. Any person renting or subletting any type of property, unimproved or improved, other than apartments and sleeping rooms, and who has three (3) or more such properties or units available shall pay an annual fee plus an additional fee per unit. Each separate tenant in a building or of a tract of land shall constitute a separate unit for purposes of this chapter. (Ord. 3560 Sec. 6, 2002.) F) DRAY AND TRANSFER. All persons engaged in the business of draying or transferring, or the moving of goods and commodities for hire, shall pay an annual fee on the first truck or conveyance, and an additional fee for each additional truck or conveyance. If a storage or warehousing business is carried on in conjunction with the dray and transfer business, square footage charges shall also be paid. (Ord. 3560 Sec. 6, 2002.) G) HOTELS, MOTELS AND CABIN COURTS. All hotels, motels and cabin courts, or places where rooms are kept for rent for the accommodation of the traveling public, whether rented by the day, by the week or month, shall pay an annual fee plus an additional fee for each unit. (Ord. 3560 Sec. 6, 2002.) H) LIQUOR SALES WITH AND WITHOUT DANCING. Any place serving beer, wine or other intoxicating liquor shall pay an annual fee, plus square footage charges. Any place serving beer, wine or any other intoxicating liquor and providing dancing shall pay an annual fee, plus square footage charges. If dancing alone is provided in conjunction with some other business not involved in the sale of beer, wine or other intoxicating liquor, the fee shall be an annual fee, plus square footage charges. (Ord. 3560 Sec. 6, 2002.) I) MORTUARIES. (Repealed: Ord. 3394 Sec. 1, 1999.) J) BUSINESSES LOCATED OUTSIDE CITY. All persons not having a business location in the City but engaging in any business within the City shall pay an annual fee. (Ord. 3560 Sec. 6, 2002.) K) PROFESSIONAL BOXING AND WRESTLING EXHIBITION. All persons staging professional boxing or wrestling matches shall pay a fee per show. (Ord. 3560 Sec. 6, 2002.) L) SERVICE STATIONS. (Repealed: Ord. 3394 Sec. 1, 1999.) Page 61 of 220 Ordinance Amending Title 5 - 10 M) SLEEPING ROOMS AND ROOMING HOUSES. Any person renting sleeping rooms by the month or week only and not by the day or night and who has four or more such rooms or units available shall an annual fee plus an additional fee per room or unit. (Ord. 3560 Sec. 6, 2002.) N) THEATERS. Theaters shall pay an annual fee. (Ord. 3560 Sec. 6, 2002.) O) USED CAR LOTS. (Repealed: Ord. 3394 Sec. 1, 1999.) P) VAUDEVILLE AND TRAVELING SHOWS. (Repealed: Ord. 3394 Sec. 1, 1999.) Q) ALL OTHER BUSINESSES. (Repealed: Ord. 3394 Sec. 1, 1999.) R) TRADE SHOWS, EXPOSITIONS AND FAIRS. Repealed. (Ord. 3394, Sec. 1, 1999; Ord. 3212 Sec. 1, 1997; Ord. 2223 Sec. 4, 1980; Ord. 1907 Sec. 3, 1977; Ord. 1403 Sec. 3- 22, 1969; Ord. 1269 Sec. 1, 196; prior code Sec. 3-1.90 - 3-1.162.) Section 17. That Section 5.04.170 of the Pasco Municipal Code entitled “Exemptions” shall be and hereby is amended and shall read as follows: 5.04.170 EXEMPTIONS. A) NONPROFIT ORGANIZATIONS. Nonprofit organizations operating without private profit, either regularly or temporarily, for a public, charitable, educational, literary, fraternal or religious purpose shall apply for a no fee business license at the City and conduct activities only after the no fee business license has been issued. To qualify for the no fee nonprofit license the applicant must provide proof of being granted tax-exempt status by the federal Internal Revenue Service under section 501(C) of the U.S. Code. This no fee provision shall exempt apply only to the nonprofit organization but not persons sponsored by nonprofit organizations if any private profit whatever is derived from its operation. Any business conducted where only a part of the proceeds go to a nonprofit organization is not exempt from a business license fee. (Ord. 2619, Sec. 1, 1986.) B) CARD ROOMS. The provisions of this chapter shall not apply to card rooms. C) CARNIVALS AND STREET SHOWS. The provisions of this chapter shall not apply to carnivals and street shows licensed under Chapter 5.16. D) JUKE BOXES, PINBALL, AMUSEMENT GAMES AND MACHINES. The provisions of this chapter shall not apply to electrical phonographs, pinball games or machines of skill or amusement licensed under Chapter 5.20. E) GAS INSTALLERS. The provisions of this chapter shall not apply to gas installers licensed under Chapter 16.12. Page 62 of 220 Ordinance Amending Title 5 - 11 F) MOBILE HOMES. The provisions of this chapter shall not apply to mobile homes licensed under Chapter 19.12. G) PEDDLERS AND SOLICITORS. The provisions of this chapter shall not apply to peddlers and solicitors licensed under Chapter 5.08. H) FOR-HIRE VEHICLES. The provisions of this chapter shall not apply to for-hire vehicles licensed under Chapter 5.45. I) UTILITIES. The provisions of this chapter shall not apply to utilities, other than telegraph utilities, licensed under Chapter 5.32. J) PUNCH BOARDS. The provisions of this chapter shall not apply to punch boards or trade stimulators. K) ARCADE OR SIMILAR BUSINESSES OR ENTERTAINMENT MACHINES. The provisions of this chapter shall not apply to any arcade or similar business or entertainment machines licensed under Chapter 5.64. (Ord. 3394 Sec. 1, 1999; Ord. 1907 Sec. 4, 1977; prior code Sec. 3-1.170 - 3-1.206.) Section 18. That Section 5.04.180 of the Pasco Municipal Code entitled “Licenses to be Obtained by First Regular Business Day of January” shall be and hereby is repealed in its entirety. Section 19. That Section 5.04.190 of the Pasco Municipal Code entitled “Late Payment Fee” shall be and hereby is amended and shall read as follows: 5.04.190 LATE PAYMENT FEE. A late payment fee shall be added to each annual license not procured before March 1st of each and every year to help defray added administrative expenses because of such late payment. Late payment fees shall be as set forth in Chapter 3.07 of this code for the following categories: A: Rentals – Dwelling units and B) All other business licenses. A business license delinquency fee is imposed by Business License Service on licensees who fail to renew by the business license expiration date. The business license delinquency fee is the lesser of one hundred fifty dollars or fifty percent of a base comprised of the licensee's renewal fee minus corporate licensing taxes, corporation annual report fee, and any interest fees or penalties charged for late taxes or corporate renewals. The business license delinquency fee must be added to the renewal fee and paid by the licensee before a business license is renewed. (Ord. 3766 Sec. 1, 2006; Ord. 3560 Sec. 7, 2002; Ord. 3426 Sec. 1, 2000; Ord. 3394 Sec. 1, 1999; Ord. 2223 Sec. 5, 1980; prior code Sec. 3- 1.224.) Section 20. That Section 5.05.010 of the Pasco Municipal Code entitled “Business License Required” shall be and hereby is amended and shall read as follows: 5.05.010 BUSINESS LICENSE REQUIRED. A person or entity may not conduct or operate an ambulance service within the City without first obtaining an ambulance service business license through Business Licensing Service. Applications Supplemental information is required for an ambulance service business license and must be made in writing to the Fire Chief Page 63 of 220 Ordinance Amending Title 5 - 12 on forms specified by the Department City. The Fire Chief shall not approve an application for ambulance service business license unless the applicant has fulfilled all requirements of this Chapter and any applicable provisions of all State laws and regulations relating to ambulance service personnel, equipment and operations. Section 21. That Section 5.05.020 of the Pasco Municipal Code entitled “Term of Ambulance Service Business License” shall be and hereby is amended and shall read as follows: 5.05.020 TERM OF AMBULANCE SERVICE BUSINESS LICENSE. Any ambulance service business license issued hereunder shall be for the calendar one year, unless suspended or revoked pursuant to PMC Chapter 5.04. Such ambulance service business license may be renewed for each calendar year by submitting an application to the Business License Service upon filing and approval of an application in payment of the annual business license fee. Section 22. That Section 5.06.050 of the Pasco Municipal Code entitled “Term of License” shall be and hereby is amended and shall read as follows: 5.06.050 TERM OF LICENSE. The license shall be for a period of one year.to begin January 1st of each year and terminate the following December 31st and must be renewed annually. Any license which is hereinafter acquired for any undertaking that is required to be licensed under this chapter that may begin operation on or after July 1st of any year shall be one-half of the license fee, which shall entitle the licensee to operate within the City at a particular location until the following December 31st. Any and all licenses issued for any new undertaking required to be licensed under this chapter which shall begin operation after January 1st of any year, up to and including June 30th of any year, shall be required to pay the full license fee. (Ord. 3560 Sec. 9, 2002; Ord. 2521 Sec. 1 (part), 1984.) Section 23. That Section 5.10A.010 of the Pasco Municipal Code entitled “License Required” shall be and hereby is amended and shall read as follows: 5.10A.010 LICENSE REQUIRED. It shall be unlawful for an itinerant vendor to engage in business within the City of Pasco except when licensed as a stationary or mobile vendor as defined in Section 5.04.0205.10A.020, in compliance with the provisions of this chapter. A separate license shall be required for each location of any stationary vendor and for each vehicle or other conveyance engaged by a mobile vendor. (Ord. 2826 Sec. 1, 1991.) Section 24. That Section 5.10A.040 of the Pasco Municipal Code entitled “Applications” shall be and hereby is amended and shall read as follows: 5.10A.040 APPLICATION. Any person, firm, or corporation desiring to secure a license as a stationary or mobile vendor shall make application through Business Licensing Service to the City, and supply supplemental information on forms to be provided by the City. Such application supplemental information shall provide: A) The name or names and address of the applicant, vehicle license numbers of all vehicles from which the applicant proposes to conduct business; description of the general type of Page 64 of 220 Ordinance Amending Title 5 - 13 goods, wares, merchandise or food proposed to be sold by the applicant; the place or places where the applicant proposes to engage in business; B) Each application shall be accompanied with the license fee as provided for in this chapter; C) Each license application for a stationary vendor shall be accompanied with the following information to establish compliance with Section 5.10A.100 and other applicable codes: 1) A notarized written authorization from the business owner to conduct the applicant's business at the place so noted on the application. 2) A statement explaining the method of trash and litter disposal being proposed by the vendor. 3) A drawing of a scale not greater than 50 feet per inch and not less than 10 feet per inch, which drawing shall depict the following information: a) The portion of the property to be occupied by the business; b) The portion of the property to be used for automobile parking and the number of automobiles accommodated in said area; c) The location of driveways providing ingress and egress to the property; d) The location of existing building and structures located on the property noting the use of each building or structure so identified. (Ord. 2826 Sec. 1, 1991.) Section 25. That Section 5.10A.050 of the Pasco Municipal Code entitled “Investigation and Determination” shall be and hereby is amended and shall read as follows: 5.10A.050 INVESTIGATION AND DETERMINATION. Upon receipt of the required supplemental informationsuch application, the City Clerk shall cause such investigation of such person or persons business responsibility to be made as is deemed necessary to the protection of the public good and shall refer to the application to the Community Development Department for its determination as to compliance with standards and requirements of this chapter. An application shall be denied by the City Clerk upon written findings that the applicant's business responsibility is unsatisfactory or that the proposed business activity will violate any applicable law, rule or regulation. Any license issued under this chapter shall contain the number on the license, the date same was issued, the nature of the business authorized to be carried on, the amount of license fee paid, the expiration date of said license, the place where said business may be carried on under such license and the name or names of the person or persons authorized to carry on the same. The City Clerk shall keep a record of all licenses issued under this chapter and shall Page 65 of 220 Ordinance Amending Title 5 - 14 promptly provide the Washington State Department of Revenue a copy of any license issued under this chapter. (Ord. 2826 Sec. 1, l991.) Section 26. That Section 5.10A.060 of the Pasco Municipal Code entitled “Fees” shall be and hereby is repealed in its entirety. Section 27. That Section 5.10A.070 of the Pasco Municipal Code entitled “Expiration of License” shall be and hereby is amended and shall read as follows: 5.10A.070 EXPIRATION OF LICENSE. Any license issued under the provisions of the chapter shall expire thirty days after the date of issuance thereof unless a prior date is fixed therein. TERM OF LICENSES. All licenses shall be for a period of one year, unless otherwise provided therein. (Ord. 2826 Sec. 1, 1991.) Section 28. That Section 5.12.012 of the Pasco Municipal Code entitled “License Required – Fee” shall be and hereby is amended and shall read as follows: 5.12.012 LICENSE REQUIRED - FEE. The annual license fees for each pawnbroker and second-hand dealer shall be as set forth in Chapter 3.07 of this code per year, plus the square footage charges and outside area charges. No person shall do business in the City as a pawnbroker or second-hand dealer without first obtaining a City license as such from the Business License Service therefore from the City and paying the above license fee. (Ord. 3560 Sec. 13, 2002; Ord. 2838 Sec. 1, 1991; Ord. 2223 Sec. 7, 1980; Ord. 1907 Sec. 9, 1977.) Section 29. That Chapter 5.16A of the Pasco Municipal Code entitled “Carnivals and Circuses” shall be and hereby is repealed in its entirety. Section 30. That Section 5.20.110 of the Pasco Municipal Code entitled “License Period” shall be and hereby is amended and shall read as follows: 5.20.110 LICENSE PERIOD. The license period shall be for an annual period one year, unless otherwise provided herein beginning January 1st of any year and terminating December 31st of the same year. (Ord. 1704 Sec. 6, 1975; prior code Sec. 3-10.44.) Section 31. That Section 5.25.045 of the Pasco Municipal Code entitled “Auction Sales” shall be and hereby is created and shall read as follows: 5.25.045 AUCTION SALES. All auction sales shall pay a regular business license fee for a term of up to three consecutive days. Provided, however, that the fee requirements of this subsection shall not be applicable to persons, firms or corporations having established places of business in the City and having valid business licenses issued by the City, who wish to hold an auction for the purpose of disposing of excess inventory, damaged goods, or for promotion; provided, however, that any auction conducted under this provision shall not exceed one day in length and the person, firm or corporation holding such auction shall, as a condition precedent, file written notice with the City Clerk of the date, time, place and nature of the goods to be auctioned and the reasons for conducting the auction. Notice as required herein shall be filed with the City Page 66 of 220 Ordinance Amending Title 5 - 15 Representative at least five 30-days prior to the date the auction is to be held, and provided further, that no person, firm or corporation shall be entitled to hold more than one auction each calendar year under this provision without being required to pay the fee. This provision shall not apply in the following cases: A) Judicial sales held pursuant to an order of the court; or B) Non judicial sales held under the authority of and pursuant to a federal or state statute; or C) An auction conducted by or on behalf of a political organization or a charitable corporation or association if the person conducting the sale receives no compensation; or D) An auction conducted by or under the direction of a public authority; or E) Wholesale auctions and stockyard auctions, which will be required to pay the regular license fee. All auction sales to which the above license fee provision applies shall be required to submit with their license application a legible photo copy of the auctioneer's current certificate of registration issued by the Washington State Department of Licensing and the auction company's certificate of registration issued by the Washington State Department of Licensing. Auction sales shall be required to comply with the Special Events provisions as set forth in this code. (Ord. 3560 Sec. 6, 2002; Ord. 2831 Sec.1, 1991.) Section 32. That a new Section 5.25.055 of the Pasco Municipal Code entitled “Carnivals and Circuses” shall be and hereby is created and shall read as follows: 5.25.055 CARNIVALS AND CIRCUSES. A) LICENSE REQUIRED. It shall be unlawful for a carnival, or circus, as defined below to engage in business within the City of Pasco without first having obtained a business license. (Ord. 2850 Sec. 1, 1991.) B) DEFINITIONS. The following terms and definitions shall be used in the administration of this chapter. 1) "Carnival" shall mean a business activity featuring an assemblage of mechanical rides for the enjoyment, amusement, entertainment, merriment or pastime of the patrons thereof, and usually but not necessarily, offers patrons in addition to the rides food and beverage services, as well as games involving throwing, pitching or shooting skills. Page 67 of 220 Ordinance Amending Title 5 - 16 2) "Circus" shall mean any institution whose general occupation is that of exhibiting wild animals, feats of horsemanship, animal stunts and acrobatic or aquatic sports, to which a fee is charged for admission. (Ord. 2850 Sec. 1, 1991.) C) APPLICATION. Any person, firm, or corporation desiring to secure a license to operate a carnival or circus shall make application to the City, on forms provided by the City such application shall provide: 1) The name or names and address of the applicant; 2) The location of the proposed carnival or circus; 3) Nature of the business activity; 4) Each license application for a carnival or circus shall be accompanied with the following information to establish compliance with applicable codes. 5) The number of food vending conveyances, if any, to be utilized in conjunction with the proposed business activity; 6) Proof of insurance as required by Section 5.16A.080; 7) Proof of a valid electrical permit from the Department of Labor and Industries; 8) A statement explaining the method of trash and litter disposal being proposed; 9) A notarized written authorization from the owners of the property so noted on the application; 10) A drawing of a scale not greater than 50 feet per inch and not less than 10 feet per inch, which drawing shall depict the following information: (a) The portion of the property to be occupied by the business; (b) The portion of the property to be used for automobile parking and the number of automobiles accommodated in said area; (c) The location of driveways providing ingress and egress to the property; (d) The location of existing buildings and structures located on the property noting the use of each building or structure so identified. (Ord. 2850 Sec. 1, 1991.) Page 68 of 220 Ordinance Amending Title 5 - 17 D) INVESTIGATION AND DETERMINATION. Upon receipt of such application, the City Clerk shall cause such investigation of such person or persons business responsibility to be made as is deemed necessary for protection of the public good and shall refer the application to the Community Development and Fire Department for determination as to compliance with applicable codes. Criminal history checks shall be performed in accordance with PMC 5.08.045. An application shall be denied by the City Clerk upon written findings that the applicant's business responsibility is unsatisfactory or that the proposed business activity will violate any applicable law, rule or regulation. Otherwise, upon submittal of the required application and information and following collection of fees and receipt of approvals from applicable City departments, the Health District (if applicable) and the Department of Labor and Industries, the City Clerk shall issue the license. (Ord. 4022, 2011; Ord. 2850 Sec. 1, 1991.) E) APPEALS. Any person aggrieved by the denial of an application for a license or by the revocation of a license as provided for in this chapter, shall have the right to appeal to the City Council. Such appeal shall be taken by filing with the City Clerk within fourteen calendar days after the notice of decision has been mailed, by certified mail, to the applicant's or licensee's last known address, a written statement setting forth the grounds for the appeal. The Council shall set the time and place for hearing on such appeal and notice of such hearing shall be given by certified mail or personal service to the appellant at least five calendar days prior to the date fixed for such hearing. (Ord. 2850 Sec. 1, 1991.) F) STANDARDS. All carnivals and circuses licensed under this chapter shall conform to the following standards. 1) No carnival or circus shall be licensed for a location in a Residential Zoning District or Office District, as defined in Title 25, excepting Edgar Brown Stadium. 2) No carnival or circus shall be located within 500 feet of a Residential Zoning District as defined in Title 25; 3) No carnival or circus activity shall locate or operate in such a manner as to interfere with traffic circulation, emergency services or other normal City operations; 4) No carnival or circus shall be located within 50 feet of flammable combustible liquid or gas storage and dispensing structures; 5) Provisions must be made for the control of dust and litter; 6) Provisions for off-street parking on the site and a reasonable and safe means of ingress/egress must be shown; 7) All amusement rides shall be set back from all public rights-of-way and electrical distribution lines a distance equal to the height of the amusement ride; Page 69 of 220 Ordinance Amending Title 5 - 18 8) All signs and equipment must be removed and the premises shall be free of all trash, litter and debris within three days after the termination of the use. (Ord. 2850 Sec. 1, 1991.) G) LICENSE FEE. Every circus and carnival shall pay a license fee as set forth in Chapter 3.07 of this code for the first day and an additional fee for each and every day after the first day of operation. All food booths require a separate food handlers license and per Chapter 5.28. Each licensee shall pay the regular admission tax on all admission tickets or admissions for which a charge is made. The license fee is paid in advance for each day said carnival or circus proposes to operate within the City. Except that a no fee license to qualifying non-profit organizations may be issued under Section 5.04.170. (Ord. 3560 Sec. 15, 2002; Ord. 2850 Sec. 1, 1991.) H) INSURANCE. Before any license shall be granted, the applicant must present certificates of insurance with original endorsements effecting coverage required by this section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The City reserves the right to require completes, certified copies, of all required insurance policies, at any time. The applicant shall maintain broad form commercial general liability coverage (occurrence type trigger) with bodily injury and property damage liability minimum limits of $1,000,000 per occurrence. (Ord. 2850 Sec. 1, 1991.) I) PENALTY. It is unlawful for any person to violate any terms of this chapter. Every person found in violation of any terms of this chapter shall be punished by fine of not more than three hundred dollars. (Ord. 3190 Sec. 6, 1996; Ord. 2580 Sec. 1, 1991.) Section 33. That Section 5.25.070 of the Pasco Municipal Code entitled “Permit Fee” shall be and hereby is amended and shall read as follow: 5.25.070 PERMIT FEE. The application provided under this Chapter shall be accompanied by the payment of a permit fee as set forth in Chapter 3.07 of this code for each of the following categories: A) Auctions. B) Carnivals and Circuses. C) Concerts, Athletic and Competitive Events and Festivals. AD) Dance Hall. Base permit fee as provided in Section 5.04.130 and 5.04.140 of this Code is applicable. BE) Demonstrations, Parades, Public Dance. DF) Outdoor Music Festivals. Page 70 of 220 Ordinance Amending Title 5 - 19 EG) Temporary Special Sales Events. The permit fee shall be calculated per vendor, except for businesses already holding a current City Business License. In no event shall a total business license for such an event exceed the maximum fee set forth in Chapter 3.07 for temporary sales events. The fee shall be paid by the promoter for each vendor who intends to be included under the promoter’s temporary special sales event permit and shall be remitted by the promoter to the City three (3) days prior to commencement of the temporary special sales event. The promoter shall be personally responsible for all sums collected, or any sum, which should have been collected from a vendor. FH) In the event the City is to provide either all or a portion of the crowd or traffic control, in addition to the fee provided above, an additional fee in the amount to be determined by the Chief of Police, which will be calculated upon the number of police officers that must be present to provide adequate public safety, multiplied by the current overtime hourly rate paid for the highest patrolman classification in effect at the time of the event for the period of time for which traffic and/or crowd control will be necessary. GI) The permit fee (other than the City’s costs for crowd and/or traffic control) may be waived by the City Council upon application sponsored by a bonafide nonprofit corporation, charity, religious or political organization. No fee shall be imposed when prohibited by the First and Fourteenth Amendments to the United States Constitution, or the Washington Constitution. Political or religious activity intended primarily for the communication or expression of ideas shall be presumed to be a constitutionally protected event. Factors that may be considered in evaluating whether or not the fee applies include: the nature of the event; the extent to which the fee creates an unreasonable burden upon constitutionally protected activities; the extent of commercial activity, such as the sales of goods, food, and services; product advertising or promotion, or other business participation in the event; the use or application of any funds raised in the conduct of previous events sponsored by the same promoter. HJ) Bond. The City may require the posting of a bond of sufficient amount to insure the satisfactory compliance with the conditions of permit issuance, including the costs of cleanup and repairs. IK) Nothing herein shall relieve any promoter or applicant from complying with all other required Federal, State, and local regulations, fees and licensing requirements. The permit fee shall be paid prior to the event and shall not be refundable. (Ord. 3560 Sec. 22, 2002; Ord. 3524 Sec. 4, 2001.) Section 34. That Section 5.27.110 of the Pasco Municipal Code entitled “License-Fees and Requirements” shall be and hereby is amended and shall read as follows: 5.27.110 LICENSE-FEES AND REQUIREMENTS. Page 71 of 220 Ordinance Amending Title 5 - 20 A) The fees for each license and renewal of any license required by this chapter shall be as set forth in Chapter 3.07 of this code for the following categories: Adult Entertainment Facility Business License Adult Entertainer’s License Adult Waitperson’s License Adult Business Manager’s License B) All persons required to obtain or renew licenses under this chapter shall obtain or renew the same and pay all fees required on or before December 31 of the prior license year annually upon the expiration of the current license. Any person who fails to obtain or renew and pay the license fees by its expiration date December 31 of the prior license year shall, in addition to any other penalties provide in this chapter or the Pasco Municipal Code, be assessed an amount equal to fifty percent (50%) of the license fee for such year as a penalty for such late application or payment; PROVIDED that this penalty shall not apply to an application submitted by any person who was not previously licensed under this chapter. C) No license shall be issued or renewed except upon written application made to the City Manager in accordance with this chapter. All applications for a business license shall be accompanied with a nonrefundable application fee in an amount equal to the license fee for the license sought. If the license is granted, the application fee shall be credited to payment of the first annual license fee. D) If the applicant is a partnership, the application must be made and signed by one of the general partners; if a corporation, by one of the officers thereof. In addition, if the applicant is a non-Washington (i.e., foreign) corporation, partnership, or non-resident individual, it shall be signed by the resident agent or local manager of the foreign corporation, partnership or individual. E) Neither the filing of an original or renewal application for license, nor the payment of any application or renewal fee, shall authorize a person to engage in or conduct an adult business until such license has been granted or renewed. (Ord. 3560 Sec. 24, 2002; Ord. 3262 Sec. 3, 1997.) Section 35. That Section 5.27.120 of the Pasco Municipal Code entitled “License- Term” shall be and hereby is amended and shall read as follows: 5.27.120 LICENSE-TERM. All licenses issued pursuant to this chapter shall be as provided in PMC 5.04.060. valid until December 31 of the year for which they are for one year from the date of issued, and all renewals thereafter shall be for a period of one calendar year commencing January 1 of the year for which the license is issued and expiring December 31 of the same year. (Ord. 3262 Sec. 3, 1997.) Section 36. That Section 5.78.010 of the Pasco Municipal Code entitled “License Required” shall be hereby is amended and shall read as follows: 5.78.010 LICENSE REQUIRED. No person shall make available for rent, or rent, lease, or let, to the public any residential dwelling unit as defined in Section 5.04.160(a) of this Page 72 of 220 Ordinance Amending Title 5 - 21 title below without securing and maintaining a current business license as required by this title. (Ord. 3231 Sec. 2, 1997.) Section 37. That a new Section 5.78.015 of the Pasco Municipal Code entitled “Definitions” shall be and hereby is created and shall read as follows: 5.78.015 DEFINITIONS. A) RENTALS - DWELLING UNITS. Any person renting or making available for rent to the public any dwelling unit shall secure a license registering each dwelling unit including a certification warranting that each such dwelling unit complies with the Uniform Housing Code as adopted by the City and does not present conditions that endanger or impair the health or safety of the tenants. For the purpose of this section “dwelling unit” shall mean any structure or part of a structure which is used as a home, residence or sleeping place by one, two or more persons maintaining a common household, including but not limited to single family residences and units of multiplexes, apartment buildings and mobile homes. The annual business license fee shall be payable for each independent business location and the first unit and an additional fee for each additional rental dwelling unit available for rental to the public by the applicant. All revenues received from this business license fee shall be utilized exclusively for the cost of issuance of the license provided herein and the administration of this title. Issuance of the business license shall be contingent upon submission of the certification, inspection, as required by this title, payment of the fee provided above and compliance with Chapter 5.78 of this title. (Ord. 3560 Sec. 6, 2002; Ord. 3325 Sec. 1, 1998; Ord. 3231 Sec. 1, 1997; Ord. 2992, Sec. 1, 1994.) Section 38. That Section 3.07.050 of the Pasco Municipal Code entitled “Business Licenses” shall be and hereby is amended and shall read as follows: 3.07.050 BUSINESS LICENSES: Fee/Charge Reference A) License Base Fee (include 1st 3000 sq ft) $75.00 $80.00 5.04.130160 B) Employee Fee – per full time equivalent $20.00 5.04.160 B) Maximum Lic. Fee $500.00 5.04.120 C) Square Footage Fees (ea inc. of 3000) $30.00 5.04.140 D) Outside Area Charges $50.00 5.04.150 E) Late Penalty $30.00 5.04.190 1) Rentals – Dwelling units, per license 20% of amount due 5.04.190 5.78.018 2) All other business licenses $30.00 5.04.190 F) Transfer Fee $37.00 5.04.080 G) Business Located Outside city limits $75.00 5.04.160 Page 73 of 220 Ordinance Amending Title 5 - 22 H) Rental Dwellings – includes first unit (No maximum fee) $50.00 5.04.160 5.78.018 1) Each additional unit $10.00 5.04.160 5.78.018 I) Auction Sales – for 3 days $75.00 5.04.150 J) Scrap Metal Business $150.00 5.13.010 K) Bank/Financial Institution $200.00 5.04.160 L) Bowling Alleys – includes first alley $75.00 5.04.160 1) Each addl. alley $6.00 5.04.160 M) Commercial Rentals – includes first location $75.00 5.04.160 1) Each additional location or unit $3.00 5.04.160 N) Dray and Transfer – includes first truck $75.00 5.04.160 1) Each additional truck $5.00 5.04.160 O) Hotels/Motels/Cabins Courts – base fee $75.00 5.04.160 1) Each unit. $5.00 5.04.160 P) Liquor Sales without dancing (incl 1st 3000 sq. ft) $200.00 5.05.140 Q) Prof. Boxing/Wrestling – per show $75.00 5.04.160 R) Sleeping Rooms/Rooming Houses (min. 4 rooms) $75.00 5.04.160 1) Per room/unit charge $5.00 5.04.160 S) Theaters $150.00 5.04.160 T) Special Events: 1) Athletic, Competitive or Festival $25.00 5.25.070 2) Auction Sales – for 3 days $75.00 5.25.070 3) Carnivals and Circuses – first day fee $275.00 5.25.070 Each and every day after first $125.00 5.25.070 24) Concert $25.00 5.25.070 35) Dance Hall – without liquor $75.00 5.25.070 a) Additional square footage 46) Dance Hall – with liquor $350.00 5.25.070 Page 74 of 220 Ordinance Amending Title 5 - 23 a) Additional square footage 57) Demonstration $15.00 5.25.070 68) Outdoor Music Festival $25.00 5.25.070 79) Parade $15.00 5.25.070 810) Public Dance $15.00 5.25.070 911) Temporary Special Sales Event – (maximum for event $500.00) $40.00 for the first vendor 5.25.070 a) Each additional vendor $20.00 1012) Street and Intersection Closure Review Fee $50.00 5.25.115 (A)(5) U) Flea Markets/Swap Meets/Buy & Sell Marts $75.00 5.06.030 1) Each additional 100 sq. ft. of space $5.00 5.06.030 V) Solicitors $150.00 5.08.050 W) Itinerant Merchants: 1) Application fee $60.00 5.10A.060 2) Monthly fee – if application approved $45.00 5.10A.060 X) Mobile Vendors: 1) Application fee $25.00 5.10A.060 2) Monthly fee – if application approved $10.00 5.10A.060 Y) Pawnshop $250.00 5.12.012 Z) Carnivals and Circuses – first day fee $275.00 5.16A.070 1) Each and every day after first $125.00 5.16A.070 AA) Amusement Device Distributor $500.00 5.20.100 1) Amusement Device User – 1-6 machines $50.00 5.20.100 2) Amusement Device User – 6+ machines $100.00 5.20.100 BB) Adult Entertainment Facility: $700.00 5.27.110 1) Adult Entertainer $150.00 5.25.110 2) Adult Waitperson $150.00 5.27.110 3) Adult Ent. Bus. Mgr. $150.00 5.27.110 Page 75 of 220 Ordinance Amending Title 5 - 24 CC) Taxicab & Transportation Network Company Licensing 1) Annual For-Hire (Taxicab/TNC) Business License Application Review And Business License Fee in the amount as follows: 5.45A.040 Companies employing or contracting with ten (10) or fewer drivers. $300.00 Companies employing or contracting with eleven (11) to forty (40) drivers. $700.00 Companies employing or contracting with forty-one (41) or more drivers. $2,000.00 2) Annual For-Hire Driver Business License $40.00 5.45A.050 3) Photograph (as applicable) $5.00 5.45A.060 4) Fingerprints (as applicable) $5.00 5.45A.060 5) Criminal History Check (as applicable) $30.00 5.45A.060 6) WSP/FBI Criminal History Check $34.75 5.45A.060 DD) Sidewalk Sales No fee 5.56.010 EE) Mobile Home Park 1) Inspection fee $20.00 19.12.030 2) License fee $25.00 19.12.030 3) Per unit fee $3.00 19.12.030 FF) Yard Sale Permit No Fee 5.52.020 1) Yard Sale Sign Violation $50.00 17.050.020 (Ord. 4342, 2017; Ord. 4321, 2016; 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 39. This Ordinance shall take full force and effect five 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: ______________________________ ____________________________________ Daniela Erickson, City Clerk Leland B. Kerr, City Attorney Page 76 of 220 Ordinance Amending PMC 25.66.030, 25.66.050 and 25.66.090 - 1 ORDINANCE NO.__________ AN ORDINANCE of the City of Pasco, Washington Amending PMC Section 25.66.030 “Application Requirements – Fee”; Amending Section 25.66.050 “Administrative Decision; and Amending PMC 25.66.090 “Transfer of Location” to provide for Business License System Approval WHEREAS, the Washington State legislature has passed the Business License Bill requiring the participation in the Statewide business application and renewal format known as the Washington State Business License Service (BLS); and WHEREAS, as an element of the BLS, application for home occupation licenses maybe submitted on the BLS providing for online application and renewal. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Section 25.66.030 of the Pasco Municipal Code entitled “Application Requirements – Fee” shall be and hereby is amended and shall read as follows: 25.66.030 APPLICATION REQUIREMENTS - FEE. (1) Applications for home occupation license shall be made through the Business Licensing Service in accordance with all provisions of Title Chapter 5.04 of this code., upon forms provided by the City Clerk. The complete application will be provided to the City to be forwarded to the Director of Community & Economic Development, or designee, for review and approval. If additional information forms or fees, other than what is submitted to the Business Licensing Service, are required to complete the City review and approval of the application, the City will contact the applicant for such additional information directly; such The form shall include, but not be limited to, the following information as: (a) Name, mailing address and phone number of applicant. (b) Legal description and street address of the property. (c) Kinds and amounts of supplies, materials and equipment to be used and the locations where they will be stored or used upon the premises. (d) Description of all activities involved in the business and how the business will operate. (2) Business license fees for home occupations shall be in accordance with Title 5 of this code. An additional twenty-dollar fee shall be required for any business license that requires an on-site inspection to determine compliance with Section 25.66.040. (Ord. 3354 Sec. 2, 1999.) Page 77 of 220 Ordinance Amending PMC 25.66.030, 25.66.050 and 25.66.090 - 2 Section 2. That Section 25.66.050 of the Pasco Municipal Code entitled “Administrative Decision” shall be and hereby is amended and shall read as follows: 25.66.050 ADMINISTRATIVE DECISION. (1) Within ten working days of the date an application is received by the City and forwarded to the Director of Community & Economic Development, or designee, the Director of Community & Economic Development, City Planner or his/her duly authorized agent shall render a decision to approve or deny the application for home occupation license, unless the applicant agrees to an extension. In no case shall the date of decision exceed thirty calendar days from the date the application is received. (2) If the decision of the Director of Community & Economic Development, or designee City Planner is to deny the application, notification to the applicant shall include findings in support of the Director of Community & Economic Development, or designee’s, City Planner's decision and the applicant's rights of administrative appeal. The written decision shall be mailed promptly to the applicant by certified mail. The date of receipt by the applicant shall be the date the applicant is notified of the Director of Community & Economic Development, or designee’s City Planner's decision. If no appeal is received, in accordance with Section 25.66.060, the decision of the Director of Community & Economic Development, or designee Planner is final. (Ord. 3354 Sec. 2, 1999.) Section 3. That Section 25.66.090 of the Pasco Municipal Code entitled “Transfer of Location” shall be and hereby is amended and shall read as follows: 25.66.090 TRANSFER OF LOCATION. No home occupation may be transferred to a different location without first obtaining a new home occupation license authorizing its conduct at the proposed location by submitting a new business license application through the Business Licensing Service. (Ord. 3354 Sec. 2, 1999.) Section 4. This Ordinance shall take full force and effect five 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: ______________________________ ____________________________________ Daniela Erickson, City Clerk Leland B. Kerr, City Attorney Page 78 of 220 AGENDA REPORT FOR: City Council November 29, 2017 TO: Dave Zabell, City Manager Regular Meeting: 12/4/17 FROM: Stan Strebel, Deputy City Manager Executive SUBJECT: Transportation Network Companies I. REFERENCE(S): Proposed Ordinance, Alternate 1: Amending Sections 5.45(A).040(B) and 5.45(A).060(E), and eliminating fingerprint requirement for all drivers in Section 5.45(A).050 Proposed Ordinance, Alternate 2: Amending Sections 5.45(A).040(B) and 5.45(A).060(E), and maintaining fingerprint requirement for only Taxicab drivers in Section 5.45(A).050 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION - Alternate #1: I move to adopt Ordinance No. ____, amending Sections 5.45(A).040(B), 5.45(A).060(E), and 5.45(A).050 (eliminating all fingerprint requirements) of the Pasco Municipal Code and, further, authorize publication by summary only. MOTION - Alternate #2: I move to adopt Ordinance No. ____, amending Sections 5.45(A).040(B), 5.45(A).060(E) and 5.45(A).050 of the Pasco Municipal Code and, further, authorize publication by summary only. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: Per direction of the Council at the meeting of November 27, and following review by the City Attorney, the attached two alternate ordinances regarding Taxicabs and Transportation Network Companies are provided for consideration. Both ordinances amend the existing regulations as follows: • Section 5.45(A).040(B) amends the license expiration period to conform to new Page 79 of 220 (proposed) business license policies. • Section 5.45(A).060(E) amended to provide that background check providers be accredited by the Background Screening Credentialing Council or other nationally recognized accreditation service. Additionally: • Alternate #1 provides elimination of the fingerprint requirement in Section 5.45(A).050 for all drivers. • Alternate #2 provides for application of the fingerprint requirement only for taxicab drivers in Section 5.45(A).050. (Follows is text from Agenda Report of November 27) In December 2016, the first TNC in the Tri Cities, UBER, began operation in Benton County. Pasco was contacted by UBER to determine the process of obtaining a business license to operate in Pasco as well. Staff met with a representative from UBER and changes to the PMC 5.45 were discussed to accommodate the operation of TNCs in Pasco. At the conclusion of these discussions a proposed amendment to PMC 5.45 was presented to the City Council for review at a workshop meeting on January 23, 2017. Following the January 23 workshop meeting, representatives of UBER contacted staff to express concerns about the proposed amendment(s) to PMC 5.45A. A follow up meeting was held on February 3. During this meeting UBER informed staff that they were opposed to fingerprinting of drivers and did not support the proposed amending ordinance. They further informed staff that if the city insisted on fingerprinting, UBER would not do business in the City of Pasco and there was no room for compromise. Council discussed the proposed ordinance regulating taxicab and Transportation Network Companies (TNCs) on February 6, and a vote to approve the new regulations failed to pass on a 3-4 vote. The proposed regulations included a provision for the Police Department, as part of the licensing requirement for individual drivers, to require fingerprints of first-time applicants in order to verify identity and prior criminal convictions. (An earlier proposed amendment to the regulations, removing the fingerprinting requirement for TNC drivers, but keeping it in place for taxicab drivers, also failed on a 3-4 vote.) With the failure of the passage of the new regulations on February 6, staff provided additional information on fingerprinting, as a procedure to verify identity with greater accuracy, and a list of numerous employment categories, in the State of Washington, which require fingerprints by statute, for Council discussion on February 27. At that time Council considered three alternatives: 1. Recommended action - adopt the proposed ordinance which maintains the fingerprint requirement for taxi drivers and establishes the same standard for TNC drivers; or Page 80 of 220 2. Delete the fingerprint requirement for all drivers (TNC and Taxi) and pass the ordinance as amended; or 3. Delete the fingerprint requirement for TNC drivers and pass the ordinance as amended. At the regular meeting of April 3, Council approved alternative 1 above, maintaining the fingerprint requirement for both taxicab and TNC drivers on a 4-3 vote. At the October 30 Council meeting, the Council scheduled this topic for further discussion at the November 27 workshop. V. DISCUSSION: To date there has been little objection to the fingerprinting from potential drivers, the primary objection to this requirement remains from UBER corporate. Staff is aware that there has been discussion in the community about TNCs and further information is being requested. Staff has reviewed the issue of fingerprinting of drivers as part of a police background check as is currently required of taxi drivers. Staff has also reviewed information regarding the reluctance on the part of major TNCs to submit to fingerprinting of drivers. The information found is attached to this report. Currently the Police Department signs off on all background checks of taxi drivers. The background check is conducted by the Police Department and is only conducted the first time the driver applies for a license. Once this process is completed the driver is issued a license to operate which is signed by the Police Chief. This background check is conducted by way of biometrics or fingerprints. The largest TNC, UBER, has maintained that a company of its choosing (and subject to approval by the Police Department, per the City’s ordinance) should conduct the background checks on potential drivers, minus fingerprints, and then the police can sign off on what they have done. Staff is concerned that without use of a biometric, like fingerprinting, identity of the subject is not certain and identity theft is a concern. As identity theft is one of the fastest growing crimes in the country, without fingerprinting, the identity of the potential driver is still in question. UBER conducts their background checks entirely online and there is no direct or face to face contact with potential drivers. Fingerprints are the only viable way to assure that the person subject to the check is who they say they are. In addition fingerprint backgrounds get into more data bases to determine the true background of a potential driver. As Council is well aware, there has been an ongoing debate in the country, and internationally, regarding some of the alleged practices of UBER. Much of the discussion centers around the adequacy of the background checks performed for the company (see memo attached to November 27 agenda report). For example, the state Page 81 of 220 of Maryland disqualified 15% of drivers that UBER had cleared simply by conducting a more thorough background that did not include fingerprint verification. This kind of evidence is cause for concern that the Police Chief signing off on a background check which is conducted by another entity (i.e. UBER), without the underlying security of identification that comes with a fingerprint requirement, gives the public the impression that a “police” background check has occurred and the impression that the driver has been thoroughly vetted. Staff has been very diligent in reviewing this information, as any ordinance passed by Council, will apply to all TNCs. The thoroughness of background checks may vary greatly between TNC companies requiring careful consideration in what constitutes an acceptable background check outside of what is currently required. Additionally, Council may wish to consider that if the PMC were to be amended to provide that the Police Department have no role in the conduct of the background check, there is no value added, and the possibility of providing the public the wrong impression if the Police Chief remains a signatory on TNC driver permits. As noted above, since it appears that fingerprinting remains the primary issue with the proposed regulation, staff offers two alternative options for Council to consider: 1. Discuss and affirm the fingerprint requirement for all drivers (taxicab and TNC) leaving the requirement as currently in force; or 2. Provide direction regarding the removal of the fingerprint requirement for all drivers or for one class of drivers (either taxicab or TNC) and direction on how approvals for non-police verified background checks will be processed and, if the company doing such checks shall be subject to police approval. In the event this option is selected, staff will bring back an ordinance amending the code as directed. Page 82 of 220 Alternate #1 Ordinance Amending PMC 5.45A.040, 5.45A.050 and 5.45A.060 Page 1 ORDINANCE NO.__________ AN ORDINANCE of the City of Pasco, Washington Amending PMC 5.45A.040 “For-Hire (Taxicab/TNC) Business License; Amending PMC 5.45A.050 “For-Hire Driver License Required”; and Amending PMC 5.45A.060 “For-Hire Driver Requirements” WHEREAS, the City Council has by the adoption of PMC 5.45A recognized the need for regulation of new technology based companies known as Transportation Network Companies (TNC), and determining to preserve the distinction between TNCs and taxicab companies; and WHEREAS, the City Council, after significant public input and consideration, has determined that in light of pending legislation and the standards adopted by other cities within the State, that sufficient security for background checks for TNCs is addressed without the necessity of fingerprint identification; and WHEREAS, to provide this additional transportation alternative for its citizens. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Section 5.45A.040 of the Pasco Municipal Code entitled "For-Hire (Taxicab/TNC) Business License” shall be and hereby is amended and shall read as follows: 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 of 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 requirement 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 Page 83 of 220 Alternate #1 Ordinance Amending PMC 5.45A.040, 5.45A.050 and 5.45A.060 Page 2 (re)submitted for renewal on or before the expiration dateshall be effective on the date of issuance pursuant to PMC 5.04.060, and shall be for a period of one (1) year. 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. 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. (Ord. 4342, 2017.) Section 2. That Section 5.45A.050 of the Pasco Municipal Code entitled “For-Hire Driver Business License Required” shall be and hereby is amended and shall read as follows: 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 receip t 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. Section 3. That Section 5.45A.060 of the Pasco Municipal Code entitled “For-Hire Driver Requirements” shall be and hereby amended and shall read as follow: 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: Page 84 of 220 Alternate #1 Ordinance Amending PMC 5.45A.040, 5.45A.050 and 5.45A.060 Page 3 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; 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 accredited by the Background Screening Credentialing Council, or other nationally recognized accreditation service. Section 4. This Ordinance shall take full force and effect five days after its approval, passage and publication as required by law. Page 85 of 220 Alternate #1 Ordinance Amending PMC 5.45A.040, 5.45A.050 and 5.45A.060 Page 4 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: ______________________________ ____________________________________ Daniela Erickson, City Clerk Leland B. Kerr, City Attorney Page 86 of 220 Alternate #2 Ordinance Amending PMC 5.45A.040, 5.45A.050 and 5.45A.060 Page 1 ORDINANCE NO.__________ AN ORDINANCE of the City of Pasco, Washington Amending PMC 5.45A.040 “For-Hire (Taxicab/TNC) Business License; Amending PMC 5.45A.050 “For-Hire Driver License Required”; and Amending PMC 5.45A.060 “For-Hire Driver Requirements” WHEREAS, the City Council has by the adoption of PMC 5.45A recognized the need for regulation of new technology based companies known as Transportation Network Companies (TNC), and determining to preserve the distinction between TNCs and taxicab companies; and WHEREAS, the City Council, after significant public input and consideration, has determined that in light of pending legislation and the standards adopted by other cities within the State, that sufficient security for background checks for TNCs is addressed without the necessity of fingerprint identification; and WHEREAS, to provide this additional transportation alternative for its citizens. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Section 5.45A.040 of the Pasco Municipal Code entitled "For-Hire (Taxicab/TNC) Business License” shall be and hereby is amended and shall read as follows: 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 of 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 requirement 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 Page 87 of 220 Alternate #2 Ordinance Amending PMC 5.45A.040, 5.45A.050 and 5.45A.060 Page 2 (re)submitted for renewal on or before the expiration dateshall be effective on the date of issuance pursuant to PMC 5.04.060, and shall be for a period of one (1) year. 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. 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. (Ord. 4342, 2017.) Section 2. That Section 5.45A.050 of the Pasco Municipal Code entitled “For-Hire Driver Business License Required” shall be and hereby is amended and shall read as follows: 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 car prepared by the Pasco Police department (not required) for license renewals), and payment of the fees as required by PMC 3.07.050 to a: A) TNC driver upon receipt of a completed application, verification of affiliation with a City licensed TNC, and payment of the fees as required by PMC 3.07.050. B) Taxicab driver upon receipt of a completed application, verification of affiliation with a City licensed for-hire taxicab, 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. Section 3. That Section 5.45A.060 of the Pasco Municipal Code entitled “For-Hire Driver Requirements” shall be and hereby amended and shall read as follow: 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. Page 88 of 220 Alternate #2 Ordinance Amending PMC 5.45A.040, 5.45A.050 and 5.45A.060 Page 3 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; 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, t he 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 Page 89 of 220 Alternate #2 Ordinance Amending PMC 5.45A.040, 5.45A.050 and 5.45A.060 Page 4 Pasco Police Department, as determined by the applicant accredited by the Background Screening Credentialing Council, or other nationally recognized accreditation service. Section 4. This Ordinance shall take full force and effect five 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: ______________________________ ____________________________________ Daniela Erickson, City Clerk Leland B. Kerr, City Attorney Page 90 of 220 AGENDA REPORT FOR: City Council November 30, 2017 TO: Dave Zabell, City Manager Rick White, Director Community & Economic Development Community & Economic Development Regular Meeting: 12/4/17 FROM: Dave McDonald, City Planner Community & Economic Development SUBJECT: Rezone: Rezone from RT to R-1 (Chad Bettesworth of Pahlisch Homes) (MF# Z 2017-006) I. REFERENCE(S): Proposed Rezone Ordinance Vicinity Map Report to Planning Commission Planning Commission Minutes Dated: 10/19/17 & 11/16/17 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No. _____, an ordinance rezoning Farm Unit 84, Irrigation Block 1, from RT (Residential Transition) to R-1 (Low Density Residential), and further, authorize publication by summary only. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: On October 19, 2017 the Planning Commission conducted a public hearing to develop a recommendation for the City Council on the possible rezone of the Wilson Farm located at the southwest corner of Burns and Dent Road. The applicant requested a rezone from RT (Residential Transition) to R-1 (Low Density Residential). Following conduct of the hearing, the Planning Commission recommended the property in question be rezoned from RT to R-1. Page 91 of 220 No written appeal of the Planning Commission’s recommendation has been received. V. DISCUSSION: The property in question was annexed in 1998 and has remained undeveloped since that time. Approximately three years ago Burns Road was extended past the property providing a connection to Broadmoor Boulevard and a 16 inch water was installed in Burns Road at the same time. As a result of these improvements five new subdivisions have be developed in the County to the north of the rezone site. The current Broadmoor Area planning effort is an extension and refinement of the City's 2009 Plan for 1,800 acres located west of Broadmoor Boulevard and north of I- 182. The current planning effort has refined land use designations and major transportation corridors through the planning area. The current draft plan (and the 2009 Broadmoor Plan adopted by Council) contains a mix of residential, multi -family, commercial, recreational and civic uses. The plan will encourage a trail system, a mix of single-family lot sizes along with design standards similar to the current I-182 standards for commercial development. The plan will also include modest design standards for residential development. The proposed rezone site is located within an area identified in both the adopted 2009 Broadmoor Area Plan and the current draft version for residential development. The Broadmoor Plan encourages a mix of smaller single-family lot sizes (5,000-7,000 square feet) along with a trail network connecting to parks. The rezone request precedes any request for platting. Currently the City is accomplishing planning/engineering work for extension of a sewer backbone network to serve the entire Broadmoor area. That design is currently expected to conclude in 2018 with installation of the first phase sewer trunk line in 2019. Page 92 of 220 ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON REZONING FARM UNIT 84, IRRIGATION BLOCK 1, FROM RT (RESIDENTIAL TRANSITION) TO R-1 LOW 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 RT (Residential Transition) to R-1 (Low Density Residential) for the real property as shown in the Exhibit “1” attached hereto and described as follows: Farm Unit 84, Irrigation Block 1 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 4th day of December, 2017. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Daniela Erickson, City Clerk Leland B. Kerr, City Attorney Page 93 of 220 Item: Rezone from RT to R-1 Applicant: Chad Bettesworth File #: Z 2017-006 Vicinity Map SITE Page 94 of 220 1 REPORT TO PLANNING COMMISSION MASTER FILE NO: Z 2017-006 APPLICANT: Chad Bettersworth HEARING DATE: 10/19/2017 210 SW Wilson Ave ACTION DATE: 11/16/2017 Suite 100 Bend, OR 97702 BACKGROUND REQUEST: REZONE: Rezone from RT (Residential Transition) to R-1 (Low- Density Residential) 1. PROPERTY DESCRIPTION: Legal: Farm Unit 84, Irrigation Block 1 General Location: At the southwest corner of Burns Road and Dent Road Property Size: Approximately 144 acres. 2. ACCESS: The parcel is accessible from Burns Road. 3. UTILITIES: Municipal water service is available in Burns Road. The Comprehensive Sewer Plan calls for the location of a trunk line running north from Harris Road to Burns Road east of the rezone site. Construction on the line is to begin in the fall of 2018. 4. LAND USE AND ZONING: The lot is currently zoned RT (Retail Business) and is vacant. Surrounding properties are zoned and developed as follows: NORTH: RS – 20 Single Family Homes (County) SOUTH: RT – Gravel Pit and Ready Mix Plant EAST: RT – Vacant WEST: RT – Orchard and Farm Fields (County) 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates a majority of the site for low-density residential uses. The southern 15 acres of the site is designated for mixed residential/commercial uses. Goal H-2 suggests the City strive to maintain a variety of housing options for residents of the community including single-family housing 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the process of completing the Draft Broadmoor Area Non-Project Environmental Impact Statement which covers the entire proposed rezone area. The Draft considers low density residential development on the rezone site with lots ranging from 5,000 square feet to 7,000 square feet. The City of Pasco is the lead agency and has issued a Determination of Significance. Page 95 of 220 2 ANALYSIS The site has been designated for low-density residential development since 1982 but, was not zoned until it was annexed in 998. Upon annexation the property was zone RT (Residential Transition) and continued to be farmed. The RT zone is intended to be assigned to areas of the community that are essentially undeveloped but intended for residential development. The low-density classification as described in the Comprehensive Plan permits the development of two to five dwelling units per acre. Zoning options under the low-density designation include R-1 through RS-20. The applicant is seeking R-1 zoning and is planning on developing a residential neighborhood with common open/green space as-well-as a community recreation area. If the development unfolds as planned the build out density will be just over 3 units per acre. If the common green areas are eliminated density will be just over 4 units per acre. The Three Rivers Crossing development for example, north of Sandifur Parkway, was developed with 4 units per acre. Surrounding properties to the north are being developed in the County on half acre lots because there is not service available. Burns Road provides a transition area between the larger lots to the north and the proposed lots that could be developed under R-1 zoning. The applicant’s request is consistent with the low- density designation of the Comprehensive Plan. It is also consistent with the draft of the Broadmoor Area Plan that calls for smaller single-family lots. The current Broadmoor Area planning effort is an extension and refinement of the Planning Commission’s 2009 planning effort for 1,800 acres located west of Broadmoor Boulevard and north of I-182. The current planning effort has refined land use designations and major transportation corridors through the planning area. The plan contains a mix of residential, multi-family, commercial, recreational and civic uses. The plan will encourage a trail system, a mix of single- family lot sizes along with design standards similar to the current I-182 standards for commercial development. The plan will also include modest design standards for residential development. The proposed rezone site is located within an area identified in the Broadmoor Area Plan for residential development. The Broadmoor Plan encourages smaller single-family lot sizes (5,000-7,000 square feet) along with a trail network connecting to parks. The applicants rezone proposal includes a variety of lots meeting the R-1 standards along with a trail system and open green areas. It is unclear if any specific residential design standards will be incorporated into the development. The initial review criteria for considering a rezone application are explained in PMC. 25.88.030. The criteria are listed below as follows: Page 96 of 220 3 1. The date the existing zone became effective: The current zoning classification was established in 1998 when the property was annexed to the City. The RT zoning was only intended until more definitive plans were developed for the property and until utilities became available. 2. The changed conditions, which are alleged to warrant other or additional zoning: The property was annexed in 1998 and since that time Burns Road has been constructed connecting the property to Broadmoor Boulevard to the east. A 16 inch water line has been located in Burns Road and parallels the north boundary of the proposed rezone site. The owner of the property has been participating with the City in the preparation of the Broadmoor Area Plan that suggests single- family lots in this portion of the consistent with the R-1 densities. The Comprehensive Sewer Plan was also updated in the past few years ago to identify were the trunk sewer lines will generally be located to serve the Broadmoor Area and other areas to the north. 3. Facts to justify the change on the basis of advancing the public health, safety and general welfare: The proposed zoning request is consistent with the Comprehensive Plan which has been determined to be in the best interest of advancing public health, safety and general welfare of the community. The rezone will lead to the creation of another residential neighborhood providing housing opportunities for Pasco residents. The creation of another residential neighborhood in the area will improve water flow through the 16 inch water main in Burns Road eliminating concerns water stagnation due to lower flows. 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 ultimately result in the establishment of a single-family residential neighborhood consistent with the Comprehensive Plan. The rezone may improve the value of commercial property near the Road 100 Interchange and will have minimal to no impact on current and future residential development in the area. 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 will be limited. Future site planning cannot move forward without knowing what the zoning will be. Page 97 of 220 4 STAFF FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Planning Commission may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1. The site is being farmed and contains on farm house. 2. The site was annexed in 1998. 3. The site contains 144 acres. 4. The site is currently zoned RT (Residential Transition). 5. Properties to the south, east and west are zone RT. 6. Properties to the north are zoned RS-20. 7. The site is located on Burns Road. 8. The American Rock gravel pit is located to the south. 9. The applicant is requesting R-1 (Low-Density Residential) zoning. 10. The Comprehensive Plan identifies the site for Low-Density-Residential uses which includes R-1 zoning. 11. The City is currently working with property owners in the Broadmoor Area west of Broadmoor Boulevard to finalize refined development plan for the area. 12. A 16-inch water line is located in Burns Road. 13. The Comprehensive Sewer Plan identifies generally how the site can be served by municipal sewer system. 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. H-2-A suggests the City permit a full range of residential environments. Housing Policy (H-B-A) encourages standards that Page 98 of 220 5 control the scale and density of accessory buildings and homes to maintain compatibility with other residential uses. 2. The effect of the proposal on the immediate vicinity will not be materially detrimental. The immediate area is shown in the Comprehensive Plan and the proposed Broadmoor Area Plan to an area for low-density residential development with densities permitted by R-1 zoning. Proposed rezone is consistent with the referenced plans and will not be detrimental to future nearby develops that will need to conform to the provision of the plans. 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 benefits the community as a whole. Additionally locating housing in areas served by major water lines 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. The Broadmoor Area Plan includes design standards for residential and commercial development. The rezone should be conditioned so that all housing within the rezone area will be consistent with the Broadmoor Plan residential design standards. 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 needed to ensure residential development within the rezone site will be consistent with the design standards that will apply to the overall Broadmoor Plan area. RECOMMENDATION MOTION for Findings of Fact: I move to adopt findings of fact and conclusions therefrom as contained in the November 16, 2017 staff report. MOTION for Recommendation: I move based on the findings of fact and conclusions as adopted the Planning Commission recommend the City Council rezone Farm Unit 84, Irrigation Block 1 from R-T to R-1 Page 99 of 220 Item: Wilson Property Rezone RT to R-1Applicant: Chad BettersworthFile #: Z 2017-006 Overview MapSITEPage 100 of 220 Item: Rezone from RT to R-1Applicant: Chad Bettersworth File #: Z 2017-006 Vicinity Map SITE Page 101 of 220 Item: Rezone from RT to R-1Applicant: Chad Bettersworth File #: Z 2017-006 Land Use Map SITE Farming (County) Mineral Extraction SFDUs (County) Farming /Vacant Page 102 of 220 Item: Rezone from RT to R-1Applicant: Chad Bettersworth File #: Z 2017-006 Zoning Map SITE R-T (County) RS-20 (County) RT Page 103 of 220 Looking NorthPage 104 of 220 Looking SoutheastPage 105 of 220 Looking SouthPage 106 of 220 Looking WestPage 107 of 220 PLANNING COMMISSION MINUTES 10/19/2017 F. Rezone Rezone from RT (Residential Transition) to R-1 (Low Density Residential) (Pahlisch Homes LLC) (MF# Z 2017-006) Chairman Cruz read the master file number and asked for comments from staff. David McDonald, City Planner, discussed the rezone application from RT to R-1. The site is approximately 144 acres at the southwest corner of Burns Road and Dent Road. The developer is one who specializes in residential subdivisions that are a little more planned or detailed than what the City normally sees. What they are proposing with this rezone is to do a master plan for the entire site that would involve various lot sizes that would take advantage of the views that would be available on that site because there is a lot of elevation changes from the east to west. They are also interested in provided open green space, trail ways and a community center for recreation and/or a little commercial but that part is unsure. The property has been in the City since 1998 and at that time it was zoned RT because there were no utilities in the vicinity. There is now a major waterline running east to west on Burns Road which would be able to serve this property. The City is also currently refining the Comprehensive Sewer Plan in an effort to figure out how sewer would get up through this area. The developer has been working with the Engineering Department to come to a solution to provide sewer. In this case it may involve a lift station on the lower part of the site and have that pump back up to a sewer line at another location. The Comprehensive Plan for years has indicated this area should be developed for low-density residential. The City is currently working on the Broadmoor Area Plan which is in refinement of a couple of different plans done for this area. Commissioner Portugal said that the staff report discussed the creation of another residential neighborhood could improve the water stagnation. He asked for clarification on that. Mr. McDonald said that right now there is only one line that runs down Burns Road and goes down south into the Kohler Subdivision. That line is not connected to any other line and there are not a lot of homes down there yet. The line is quite long and large so the water line may not turnover as much as it would it a higher population neighborhood. When more homes are developed, more water runs through the line and addresses the concern of stagnant water. Commissioner Alvarado asked about the Sandifur Corridor Overlay and if it is just conceptual spacing as for what the zoning would be like versus the map for the rezoning. Mr. McDonald clarified the maps in the staff report and that the applicant would qualify for the smaller lots that he is proposing to do. Page 108 of 220 Commissioner Alvarado asked if it is an adopted plan. Mr. McDonald said no it is being worked on currently and the property owners have been a part of the process. Mr. Wilson was present at the meeting and represents the family who owns the property and has participated i n a number of these planning studies in the past. Rick White, Community & Economic Development Director, added that even though this work effort is occurring now, it is not a whole lot different than what has been proposed for this site since 2005. There has always been a concept to come up with a better product than a template subdivision because Pasco has a lot of template subdivisions and the City is trying to mix up the community a little bit so that there is a variation of lot sizing, the ability to have perhaps a small scale commercial at some locations where appropriate, larger regional commercial at the major intersections where appropriate and the current developer is interested in a community approach to a subdivision. So you may see starter homes, homes that people may not wish to have larger lots and then there will be homes in the middle. Chad Bettesworth, Pahlisch Homes LLC, 210 N. Center Parkway, Kennewick, WA, spoke on behalf of this item. Pahlisch Homes has been in Pasco recently in a few small spot lots but Pasco may not be familiar with how they typically like to do business. They are a developer and builder and like to do master plan type of communities where they are the only builder. They like to build community centers and trail systems, parks and emphasize a more community approach with meandering roads rather than just linear roads. It is more costly to develop in this manner so typically they are a second-third time home builder and more in the move-up market. They are excited to be a part of the Pasco Community and to be a part of the master plan process. They have worked in areas in Hillsboro, West Portland and was about a 10,000 unit master plan area. Chairman Cruz asked if they have done developments in Bend, OR. Mr. Bettesworth said yes. Chairman Cruz asked what one of the more recent developments in Bend, OR that they completed. Mr. Bettesworth said, The Bridges, which is located on the east side of Bend. They also did McCall Landing in Bend. They build a wide variety of homes with various price points and product types all the way from attached alley loaded 20’ wide to almost excessively large single-family homes. This site will likely not focus on the extremes but more in the middle; 2,000-3,500 square foot homes. It is customer driven and what the community wants. Commissioner Mendez asked if there would be roughly 4 units per acres on this 144 acre lot. Page 109 of 220 Mr. Bettesworth said yes but not all of the site may be developed. Some of it due to elevations may be too low to develop. The current unit count is something around 350-400 home range. The final number will have a lot to do with the master plan piece and how that will lay and out and how the transportation and other items will come into play. Commissioner Mendez asked if the parks would be developed. Mr. Bettesworth responded that their intent is to have a private community center that will be a part of a homeowner’s association with a pool and community area with decks and patios, outside barbeques and fire pits and then the rest of the community would be connected by a common trail system and not as much as a standard sidewalk but they would meander behind and between the homes to connect it in a more aesthetically pleasing way with landscaping. He encourage the Commissioner’s to visit their website, www.pahlischehomes.com, to view the work they have completed. Commissioner Bowers asked if the trail system would be open to the public or only open to the homeowners. Mr. Bettesworth said it would be open to the public. Only the community center would be private. Jason Maddox, PBS Engineering & Environmental, 400 Bradley Blvd Suite 106, Richland, WA 99352, spoke on behalf of this item as their engineering firm. He stated that he has been working more on the technical side of the project. From a transportation standpoint, this site didn’t previously have access but it does now with Burns Road and developments happening to the north. There is also access to the water main and having additional flows and networks in the infrastructure. As development happens to the east it will all tie together and produce better water quality, water system connectivity and more fire flow. The sewer, due to topography constraints, many homes to the north are being served off of septic. In order to do this site and at the proposed density, they will need to develop additional infrastructure that would be done as public infrastructure and they are currently working with the City Engineering Department to create more of a lift station that would serve this community and be able to have that station potentially expand to serve other areas. Commissioner Alvarado asked if the site will be served with irrigation water. Mr. Maddox replied that currently this site is serviced by South Columbia Basin Irrigation District. There is an irrigation pivot on this site so there is irrigation water available to the site and some of the developments to the north of there was not irrigation water so this site is currently irrigated. They are in talks with South Columbia Basin Irrigation District on being able to utilize that water for this project but it has not been finalized. Page 110 of 220 David Wilson, 10723 W. Court Street, spoke on behalf of this item. He said he is one of the owners representing his family. They grew up in the home on this site and they farmed the land. They then sold gravel to Central Pre-Mix and then American Rock bought out Central Pre-Mix. Pahlische Homes approached them and as they discussed this development and they looked at their products in Bend and other places, they were very impressed. It is nice to go see the developments they completed 15 years ago and see that it still looks just as nice and they are very well kept up. They have a great homeowners association and are maintained. His family wishes to leave a family legacy and this project would make them proud rather than leaving a whole in the ground when they are done selling gravel. Commissioner Bowers asked if any of the housing would be affordable housing. Mr. Wilson said he’d have to leave that to Mr. Bettesworth of Pahlische Homes. Chairman Cruz responded that they would likely be above entry level based on the development price point. Commissioner Alvarado said he is excited to see some new places to walk in the Tri- Cities and is appreciative that he was selective on how he is handing off his legacy. Chairman Cruz thanked Mr. Wilson as well. With no further questions or comments the public hearing closed. Commissioner Bykonen moved, seconded by Commissioner Bowers, to close the hearing on the proposed rezone and set November 16, 2017 as the date for deliberations and the development of a recommendation for the City Council. The motion passed unanimously. Page 111 of 220 PLANNING COMMISSION MINUTES 11/16/2017 E. Rezone Rezone from RT (Residential Transition) to R-1 (Low Density Residential) (Pahlisch Homes LLC) (MF# Z 2017-006) Chairman Cruz read the master file number and asked for comments from staff. Dave McDonald, City Planner, discussed the rezone application rezoning the property from RT (Residential Transition) to R-1 (Low Density Residential). There were no additional comments since the previous meeting. Commissioner Bowers moved, seconded by Commissioner Portugal, to adopt findings of fact and conclusions therefrom as contained in the November 16, 2017 staff report. The motion passed unanimously. Commissioner Bowers moved, seconded by Commissioner Portugal, based on the findings of fact and conclusions as adopted the Planning Commission recommend the City Council rezone Farm Unit 84, Irrigation Block 1 from RT to R-1. The motion passed unanimously. Page 112 of 220 AGENDA REPORT FOR: City Council November 28, 2017 TO: Dave Zabell, City Manager Rick White, Director Community & Economic Development Regular Meeting: 12/4/17 FROM: Dave McDonald, City Planner Community & Economic Development SUBJECT: Special Permit: Replacement for Stevens Middle School (MF# SP 2017-013) I. REFERENCE(S): Proposed Resolution Vicinity Map Report to Planning Commission Planning Commission Minutes Dated: 10/19/17 & 11/16/17 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No._____, accepting the Planning Commission's recommendation and granting a special permit to the Pasco School District for the construction of a new Stevens Middle School to be located at the northeast corner of West Henry Street and 24th Avenue. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: On October 19, 2017 the Planning Commission conducted a public hearing to develop a recommendation for the City Council on a replacement building for the Stevens Middle School to be located at the northeast corner of West Henry Street and 24th Avenue. 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 new Stevens Middle School. Page 113 of 220 The recommended conditions are contained in the attached Resolution. No written appeal of the Planning Commission’s recommendation has been received. V. DISCUSSION: Stevens Middle School was constructed 57 years ago and consists of six separate buildings that are connected with enclosed walkways. The school is inefficient to operate and maintain and is in need of replacement. The School District plans on locating the new at the northeast corner of Henry Street and 24th Avenue. After the construction of the new school is completed the original school will be razed. Following the demolition of the old school site work will be completed with the addition of a new parking lot and relocated sports fields. Page 114 of 220 … RESOLUTION NO._______ A RESOLUTION GRANTING A SPECIAL PERMIT TO THE PASCO SCHOOL DISTRICT FOR THE CONSTRUCTION OF A NEW STEVENS MIDDLE SCHOOL TO BE LOCATED AT THE NORTHEAST CORNER OF WEST HENRY STREET AND 24TH AVENUE. WHEREAS, the Pasco School District submitted an application to allow the construction of a new Stevens Middle at the northeast corner of West Henry Street and 24th Avenue (Tax Parcel #119332081); and WHEREAS, the Planning Commission held a public hearing on October 19, 2017 to review a special permit for the proposed new Stevens Middle School; and, WHEREAS, following deliberations on November 16, 2017 the Planning Commission recommended approval of a Special Permit for the new Middle School with certain conditions; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: 1. That a Special Permit is hereby granted to the Pasco School District for the location of a new Stevens Middle School at the northeast corner of West henry Street and 24th Avenue with the following conditions: a) The special permit shall apply to Parcel No. 119332081. b) The school site shall be developed in substantial conformity with the site plan submitted with the special permit application. c) This special permit approval does not preclude the School District from extending the classroom wing of the building toward 22nd Avenue provided the 20 foot setback is maintained from the right-of-way. d) Portable classroom may also be permitted on the site without further special permit review provided the number of portables does not exceed eight. e) The special permit shall be null and void if a permit for site redevelopment has not been obtained by December 31, 2020. 2. Passed by the City Council of the City of Pasco this 4th day of December, 2017. _______________________________ Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: ________________________________ _____________________________ Daniela Erickson, City Clerk Leland B. Kerr, City Attorney Page 115 of 220 Item: Stevens Middle School ReplacementApplicant: Pasco School DistrictFile #: SP 2017-013 Vicinity MapSITEPage 116 of 220 Concept MapItem: Stevens Middle School ReplacementApplicant: Pasco School DistrictFile #: SP 2017-013Page 117 of 220 Item: Stevens Middle School ReplacementApplicant: Pasco School DistrictFile #: SP 2017-013 Vicinity MapSITEPage 118 of 220 REPORT TO PLANNING COMMISSION MASTER FILE NO: SP 2017-013 APPLICANT: Pasco School District #1 HEARING DATE: 10/19/17 1215 W Lewis St ACTION DATE: 11/16/17 Pasco, WA 99301 BACKGROUND REQUEST: SPECIAL PERMIT: Stevens Middle School Replacement 1. PROPERTY DESCRIPTION: Legal: A portion of the SW ¼ of the NE Quarter of NE ¼ of Section 25, Township 9 North, Range 29 East, W.M. contained within Parcel # 119332080 adjoining parcels and Hillhaven Addition. General Location: 1120 22nd Avenue Property Size: Approximately 16.55 acres 2. ACCESS: The site is accessible from 22nd Avenue, 24th Avenue and 26th Avenue. 3. UTILITIES: All municipal utilities serve the school site. 4. LAND USE AND ZONING: The site is zoned R-2 and R-3 (Medium Density Residential) and is developed with the Stevens Middle School Campus. The zoning and land use of the surrounding properties are as follows: NORTH: C-1 – Commercial Businesses SOUTH: R-2 & R-3 –Multi-Family Residences EAST: R-1 – Single Family Residences WEST: R-2– Single Family and Multi-family Residences 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site as public and quasi-public uses. Goal CF-5 suggests adequate provisions should be made for educational facilities located throughout the urban growth area. Policy CF-5-A encourages the appropriate location and design of schools throughout the community. 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. An environmental determination will be made Page 119 of 220 2 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). DISCUSSION Stevens Middle School was constructed in 1960 and has been a part of the surrounding neighborhood for the past 57 years. As the community has grown Stevens Middle School and the school site have been modified to meet increased enrollment. Since 2010 the School District has been working to improve the school site by adding parking, changing bus drop off and pick-up facilities and consolidating the sports field with the main campus by closing a portion of 24th Avenue. The next phase of redevelopment calls for the construction of a replacement school for the existing aging building. The new school will be constructed at the northeast corner of West Henry Street and 24th Avenue. Following the construction of the new school the existing school will be razed and a new football field and track will be constructed on the north side of the campus generally between 22nd Avenue and the closed portion of 24th Avenue. A portion of the existing parking lot south of the McDonald’s parking lot on 22nd Avenue will be converted to tennis courts. The earlier improvements to Stevens School were granted special permits by the City Council. The previous approvals did not include the construction of a replacement school building on the site. A traffic study was previously completed when the closure of 24th Avenue was considered and approved. Traffic is not anticipated to change much except for the fact parking and parent drop-off areas will be improved. This will improve the traffic conditions on 22nd Avenue during the school year. Bus facilities will be added on the south side of the campus along Henry Street further eliminating current congestion around the school. STAFF FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Planning Commission may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1. The site is located in an R-2 and R-3 zone. Page 120 of 220 3 2. The Comprehensive Plan identifies the site for public and quasi-public uses. 3. Comprehensive Plan Goal CF-5 suggests that adequate provisions should be made for the location of educational facilities throughout the urban growth area. 4. Schools are conditional land uses and require review through the special permit process prior to permitting for construction. 5. Stevens Middle School has been located at the current site for the past 57 years. 6. The Planning Commission considered a Stevens Middle School re- development plan during a Special Permit review in 2011. The Development plan included a new parking lot on the east side of 22nd Avenue a revised bus parking area on the north side of the school and bus access from 24th Avenue rather the 22nd. 7. The Planning Commission considered a Stevens Middle School re- development plan and street closure during a Special Permit review in 2015. The Development plan included closing 24th Avenue to connect the main school campus with the sports field on the west side of 24th Avenue. 8. A Traffic Study was prepared for the proposed street closure in July of 2014. Twenty-Fourth Avenue was closed based in part on the traffic study. 9. The relocation and reconstruction of Stevens Middle School in the southwest corner of the school site will allow parking and traffic circulation to be improved benefiting the surrounding neighborhood. 10. Stevens Middle School has been located on the site for 57 years and is an established part of the neighborhood CONCLUSIONS BASED ON STAFF FINDINGS OF FACT Before recommending approval or denial of a special permit the Planning Commission must draw its conclusion from the findings of fact based upon the criteria listed in P.M.C. 25.86.060. The criteria and staff listed conclusions are as follows: 1) Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive Plan? The proposed use supports the following plan policies or goals: CF-5 suggests adequate provisions be made for educational facilities throughout the Urban Growth Area. The Comprehensive Plan land use Page 121 of 220 4 map indicated the site is to be developed with public and quasi-public land uses. Schools are a public land use. 2) Will the proposed use adversely affect public infrastructure? Stevens Middle School has been located on the site for over 57 years and has not adversely impacted public infrastructure. The proposal will not increase the need for municipal utilities. The proposal may lessen congestion on neighboring streets due to the reconfiguration of parking, student drop off areas and the relocation of the bus facilities. 3) Will the proposed use be constructed, maintained and operated to be in harmony with existing or intended character of the general vicinity? Stevens Middle School is part of the neighborhood character and has been for 57 years. Schools are typically located in or near residential neighborhoods and are an accepted part of the character of residential areas. 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 location and height of the school will be altered from the current configuration as the school will be completely rebuilt. The overall height will generally match the height of the existing gym. The neighborhood is fully developed as a result there is no development to discourage. Past experience has shown the location of schools within Pasco neighborhoods has not impaired the value of residential development within those neighborhoods. 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? Experience has shown that schools within Pasco generate few complaints from neighbors. Schools typically are not a source of dust, fumes, vibrations or flashing lights. During weekends, the summer break, and other break periods very little activities occurs on school sites. Page 122 of 220 5 6) Will the proposed use endanger the public health or safety if located and developed where proposed, or in anyway will become a nuisance to uses permitted in the district? The new school will be built to current health and safety requirements which will enhance the safety of students and teachers. Past experience has shown the location of schools within Pasco neighborhoods has not created nuisance conditions that impact permitted uses. Proposed Approval Conditions 1. The special permit shall apply to Parcel No. 119332081. 2. The school site shall be developed in substantial conformity with the site plan submitted with the special permit application. 3. This special permit approval does not preclude the School District from extending the classroom wing of the building toward 22nd Avenue provided the 20 foot setback is maintained from the right- of-way. 4. Portable classroom may also be permitted on the site without further special permit review provided the number of portables does not exceed eight. 5. The special permit shall be null and void if a permit for site redevelopment has not been obtained by December 31, 2020. RECOMMENDATION MOTION: I move to adopt findings of fact and conclusions therefrom as contained in the November 16, 2017 staff report. MOTION: I move, based on the findings of fact as adopted, the Planning Commission recommend the City Council grant a special permit to the Pasco School District for the location of a new Stevens Middle School at 1120 22nd Avenue with conditions as contained in the November 16, 2017 staff report. Page 123 of 220 Item: Stevens Middle School ReplacementApplicant: Pasco School DistrictFile #: SP 2017-013 Overview MapSITEPage 124 of 220 Item: Stevens Middle School ReplacementApplicant: Pasco School DistrictFile #: SP 2017-013 Vicinity MapSITEPage 125 of 220 Land Use MapItem: Stevens Middle School ReplacementApplicant: Pasco School DistrictFile #: SP 2017-013SITECommercialCommercialMulti-FamilyMixed Res.SFDUsMulti-Fam.Mixed Res.SFDUsSFDUsChurchChurchCommercialMulti-FamilyMulti.Page 126 of 220 Zoning MapItem: Stevens Middle School ReplacementApplicant: Pasco School DistrictFile #: SP 2017-013SITEC-1C-1R-3R-2R-2R-1R-1R-2C-1R-2R-2R-3R-4R-3R-4"O"R-2C-3R-1-A2Page 127 of 220 Concept MapItem: Stevens Middle School ReplacementApplicant: Pasco School DistrictFile #: SP 2017-013Page 128 of 220 Looking NorthPage 129 of 220 Looking NortheastPage 130 of 220 Looking SoutheastPage 131 of 220 Looking WestPage 132 of 220 PLANNING COMMISSION MINUTES 10/19/2017 B. Special Permit Replacement of Stevens Middle School (Pasco School District) (MF# SP 2017-013) Chairman Cruz read the master file number and asked for comments from staff. Dave McDonald, City Planner, discussed the special permit application for the replacement of Stevens Middle School. The School District over the years has applied for various special permit applications to make improvements and changes to Stevens Middle School. Those other special permits have lead up to the current special permit request for the total rebuild of the middle school. The previous special permits were for parking lot changes to the north and to the east and the latest permit eliminated 23th Avenue so that the play fields could be connected to the school property itself and eliminate the dangers of children crossing the street. The current permit application proposes a new school in the southwest corner of the property at 24th Avenue and Henry Street. Once that school is complete then the old school will be raised and a parking lot will be placed where the school is currently located. There will also be a track and a football field. Provided in the staff report was a review of the various items the Planning Commission is required to consider as well as a list of proposed conditions. Commissioner Bykonen asked if staff had received any public comments regarding the closing of 24th Avenue. Mr. McDonald said that staff did receive public comments during a previous public hearing for the School District. The road has already been closed now. Randy Nunamaker, Pasco School District Executive Director, 1215 W. Lewis Street, spoke on behalf of this application. Stevens Middle School was built in 1960 and is about 57 years old. The School District went through the process of meeting with the Community Builders Group made up of community members of Pasco. Based on those meetings their recommendation was to replace Steven’s on its current site with the current upcoming bond. The School District will work with the City to come up with designs that will be safe and efficient, allowing traffic and access to the school. Commissioner Bowers asked if this was a location where there has been overcrowding. Mr. Nunamaker said there has been overcrowding until a few years ago when the sixth graders were moved from middle school back into the elementary schools. Part of the Community Builders Group recommendation is to look into the future of moving those sixth graders back to the middle schools. With no further questions or comments the public hearing closed. Page 133 of 220 Commissioner Mendez moved, seconded by Commissioner Alvarado, to close the hearing on the proposed special permit and set November 16, 2017 as the date for deliberations and the development of a recommendation for the City Council. The motion passed unanimously. PLANNING COMMISSION MINUTES 11/16/2017 A. Special Permit Replacement of Stevens Middle School (Pasco School District) (MF# SP 2017-013) Chairman Cruz read the master file number and asked for comments from staff. Dave McDonald, City Planner, discussed the special permit application for the replacement of Stevens Middle School. There were no additional comments since the previous meeting. Commissioner Greenaway moved, seconded by Commissioner Roach, to adopt findings of fact and conclusions therefrom as contained in the November 16, 2017 staff report. The motion passed unanimously. Commissioner Greenaway moved, seconded by Commissioner Roach, based on the findings of fact as adopted, the Planning Commission recommend the City Council grant a special permit to the Pasco School District for the location of a new Stevens Middle School at 1120 22nd Avenue with conditions as contained in the November 16, 2017 staff report. The motion passed unanimously. Page 134 of 220 AGENDA REPORT FOR: City Council November 28, 2017 TO: Dave Zabell, City Manager Rick White, Director Community & Economic Development Regular Meeting: 12/4/17 FROM: Jeff Adams, Associate Planner Community & Economic Development SUBJECT: Special Permit: Middle School in an R-1 District (MF# SP 2017-015) I. REFERENCE(S): Vicinity Map Proposed Resolution Report to Planning Commission Planning Commission Minutes Dated: 10/19/17 and11/16/17 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No.____, approving a special permit for the location of a middle school located at the 9300 block of Burns Road as recommended by the Planning Commission. III. FISCAL IMPACT: None. IV. HISTORY AND FACTS BRIEF: On October 19, 2017 the Planning Commission conducted a public hearing to determine whether or not to recommend the location of a Middle School at the 9300 block of Burns Road. Following the conduct of a public hearing, the Planning Commission reasoned it would be appropriate to recommend the location of the Middle School. No written appeal of the Planning Commission’s recommendation has been received. V. DISCUSSION: Page 135 of 220 The Pasco School District proposes to build a middle school on a site recently annex ed into the City (2016: Ordinance 4238), composed of one 38.9-acre parcel owned by the School District and approximately 21.1 acres of another parcel to the east now under contract, all totaling 60 acres. The western lot and a portion of the eastern lot are designated for the middle school. An elementary school is being proposed for the remaining portion of the site to the east. Page 136 of 220 Applicant: Pasco School District Vicinity MapProposedMiddleSchoolSiteProposedElementarySchoolSiteItem: Pasco School District Middle School #4File #: SP 2017-015Page 137 of 220 … RESOLUTION NO._______ A RESOLUTION APPROVING A SPECIAL PERMIT FOR THE LOCATION OF A MIDDLE SCHOOL LOCATED AT THE 9300 BLOCK OF BURNS ROAD (PARCEL 115170085 AND THE WEST APPROXIMATELY 21.1 ACRES OF PARCEL 115170068). WHEREAS, Pasco School District #1 submitted an application for the location of a Middle School located at the 9300 Block of Burns Road (Parcel 115170085 and the west approximately 21.1 acres of parcel 115170068); and WHEREAS, the Planning Commission held a public hearing on October 19, 2017 to review a special permit for the proposed Middle School; and, WHEREAS, following deliberations on November 16. 2017 the Planning Commission recommended approval of a Special Permit for the Middle School with certain conditions; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: 1. That a Special Permit is hereby granted to Pasco School district #1 for the location of a Middle School in an R-1 (Low-Density Residential) District under Master File #SP 2017- 015 with the following conditions: a) The special permit shall apply to Franklin County Assessor’s Parcel No. 115170085, approximately the west 21.1 acres of parcel 115170068, and any future consolidations or subdivisions thereof. b) The middle school site shall be developed in substantial conformity with the site plan and building elevations submitted with the special permit application. Nothing herein prohibits the School District from adding four additional classrooms to the school building or placing portable classrooms on the site. c) Burns Road abutting the School District property and the property currently under contract (Franklin County Assessor’s Parcel No. 115170085 and approximately the west 21.1 acres of parcel 115170068 existing as of September 25, 2017) shall be improved to arterial street standards meeting construction standards of the City. Improvements shall include but not be limited to curb, gutter, sidewalk and street lighting along the school side of the street. d) Sidewalks in the Burns Road right-of-way shall be 5 feet wide and located along the property line rather than the curb line. e) The planting strip between the Burns Road curb and the offset sidewalk must be planted in lawn and trees planted at 50-foot intervals. The landscape and irrigation plan must be approved by the Administrative and Community Services Department prior to installation. f) No on-street parking or bus staging will be permitted on or adjacent to Burns Road or the proposed road along the western property line. Page 138 of 220 g) All costs associated with speed reduction/modification including but not limited to flashing lights, signage, pedestrian sensors, safety and crosswalks shall be paid for by the School District. h) A traffic study shall be conducted for necessary street improvements, and any approval shall be conditioned upon meeting or accomplishing the recommendations contained within the study, as per the MDNS. i) All street/roadway signage abutting the property is to be provided by the School District and must conform to the most current MUTCD & City of Pasco Construction Standards. j) The School District shall construct all necessary improvements and accommodations for pedestrian school routes along Burns Road and the proposed road along the western property line. k) No mid-block crosswalks will be permitted on Burns Road or the proposed road along the western property line. l) The School District shall prepare a dust control mitigation plan to be submitted with the building permit application. m) The School District shall install a 16 inch irrigation line along the length of the school site in Burns Road. n) The School District shall dedicate the south 40 feet of the site for the Burns Road right-of-way. o) The School District shall dedicate the west 60 feet of the site for future road right-of- way. p) No sports field light shall be permitted. q) Water rights associated with site must be dedicated to the City prior to the issuance of a building permit. r) The special permit shall be null and void if a building permit has not been obtained by December 2020. Passed by the City Council of the City of Pasco this 4th day of December, 2017. _______________________________ Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: ________________________________ _____________________________ Daniela Erickson, City Clerk Leland B. Kerr, City Attorney Page 139 of 220 REPORT TO PLANNING COMMISSION MASTER FILE NO: SP 2017-015 APPLICANT: Pasco School District #1 HEARING DATE: 10/19/17 1215 W Lewis St ACTION DATE: 11/16/17 Pasco, WA 99301 BACKGROUND REQUEST: SPECIAL PERMIT: Location of a Middle School in an R-1 District. (9300 Block of Burns Road) 1. PROPERTY DESCRIPTION: Legal: That portion of the S ½ of the SW ¼ of section 5, township 9 north, range 29 east, W.M., Franklin County, WA being described as follows: beginning at the SE corner of above said SW ¼; thence S 89°37'55" W 1,269.48 feet; thence N 01°01'10" E 1,336.68 feet to a point on the northerly line of above said S ½; thence N 89°32'38" E along said line 1,269.53 feet to the NE corner of said S ½; thence S 01°01'10" W along the easterly line of said SW ¼ 1,338.63 feet to the point of beginning. Together with and subject to easements, reservations, covenants and restrictions of record and in view. General Location: 9300 Block of Burns Road Property Size: Approximately 60 acres 2. ACCESS: The site is adjacent Burns Road at approximately the 9300 block. 3. UTILITIES: Water and sewer lines will be stubbed into School District property at the southeast corner along Burns Road. The School District will also be responsible for running water and sewer the length of their frontage of Burns Road. 4. LAND USE AND ZONING: The site is zoned R-1 (Low Density Residential) and is being farmed. The property to the north is zoned A-P (Agricultural Production) in the County and is currently being farmed. The property to the west is zoned R-1 and is being developed with the Columbia Terrace subdivision. The property to the east is zoned R-1 and is being farmed. The properties to the south are zoned R-1 and are developed with single- family homes in the Broadmoor Estates subdivision. Page 140 of 220 2 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site as Low-Density Residential. Goal CF-5 suggests adequate provisions should be made for educational facilities located throughout the urban growth area. Policy CF-5-A encourages the appropriate location and design of schools throughout the community. 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. A Mitigated Determination of Non-Significance was issued requiring a traffic study for necessary street improvements (WAC 197-11-355). DISCUSSION The Pasco School District proposes to build a middle school on a site recently annexed into the City (2016: Ordinance 4238), composed of one 38.9-acre parcel owned by the School District and approximately 21.1 acres of another parcel to the east now under contract, all totaling 60 acres. The western lot and a portion of the eastern lot are designated for the middle school. An elementary school is being proposed for the remaining portion of the site to the east. Pasco currently has three middle schools, which have been growing in enrollment by an average of over 4% annually since 2000. The district has had to adjust enrollment by moving students around to different schools and re- assigning grades to different schools in order to accommodate the growth. Mobile classrooms have also been added to virtually every PSD campus—in some cases right upon completion of new schools—in order to accommodate growth. With the ongoing growth in population (Pasco’s population has more than doubled in size since 2000, at an average annual increase of over 5%) and student enrollment, the School District needs to construct several schools. Middle school enrollment in Pasco has increased by an average of about 125 new students per year for the last two decades. This continued growth in school enrollment will create the need for additional middle schools. To address part of the need for additional school space the District is proposing to develop the site in question with a 115,000-square-foot middle school similar to Ellen Ochoa Middle School. The building will have classroom space for 1,100 students. The site will contain sports fields, public parking, and bus loading off a future road to be built west of the site. The proposed site is farmland developed with crop circles located along the north side of Burns (formerly Powerline) Road. Burns Road is improved with pavement only. The School District will be responsible for completing all of the street improvements in Burns Road and installing roads along the east and west borders of the site. Page 141 of 220 3 A signal warrant test may be needed to determine when a signal should be installed at Broadmoor Boulevard and Burns Road. The Regional Transportation Analysis model used by the Regional Council does not include middle schools in the data used to identify future traffic impacts because middle schools do not impact the peak hour traffic conditions the way other land uses do. Based on the Institute of Traffic Engineers Trip Generation Manual (8th Ed) a middle school with 1,100 students on average can be expected to generate about 1,782 vehicle trips per day. That would amount to $76,626 in traffic impact fees (trips multiplied by $43.00/trip). By comparison, if the site were to develop with single family homes about 1,236.9 daily vehicle trips could be expected. Most of the schools in Pasco including Pasco and Chiawana High Schools are located in residential zoning districts. An on-line search of the Franklin County Assessors records (2017) revealed that all of the residential properties directly adjacent the existing Ellen Ochoa Middle School have increased in valued since the school was built by an average of over $24,000 between 2014-2017 (range $8,100-$35,600). The Ellen Ochoa neighborhood was not fully developed until after the school was built. This provides a good indication that middle schools do not discourage the development of permitted uses on property in the general vicinity of a school or impair the value thereof. Access to the site will be from a proposed road to be constructed along the west property line of the site and from Burns Road to the south. Both Broadmoor Boulevard and Road 90 feed into Burns Road for local access. School sites typically have at least two means of access for safety reasons and to help diffuse traffic and reduce the impacts of traffic on surrounding residential uses. 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 and comments made at the public hearing. The Planning Commission may add additional findings as deemed appropriate. 1. The site is located in an R-1 zone. 2. Under the current zoning approximately 202 single-family dwellings could be constructed on the site. 3. Schools are conditional land uses in the R-1 zone and require review through the special permit process prior to permitting for construction. 4. The site is at the northern edge of the Pasco Urban Growth Boundary. 5. The site was annexed into the City in 2016 (Ordinance 4238) and is now within the City limits of Pasco. Page 142 of 220 4 6. The Comprehensive Plan identifies the site for low-density residential uses. 7. Comprehensive Plan Goal CF-5 suggests that adequate provisions should be made for the location of educational facilities throughout the urban growth area. 8. The site is currently being farmed. 9. The west 38.97 acres of the site are owned by the Pasco School District and the remaining approximately 21.1 acres are under contract. 10. Sewer and water utilities will be stubbed to the site. 11. The site is located at the 9300 block Burns Road. 12. Burns Road is not fully improved. 13. All existing middle schools in Pasco have at least two access routes to and from the schools. 14. City development standards require street and utility (sewer, water, irrigation) improvements to be constructed or installed concurrently with site development. 15. Off-site street improvements include but are not limited to street construction and paving, installation of curb gutter and sidewalk (7’ wide), street lights, handicapped ramps, signage, lane striping, street drainage, traffic signals, speed-reduction modifications, and fire hydrants. 16. According to the Institute of Traffic Engineers Trip Generation Manual (8th Ed) a 1,100-student middle school will generate about 1,782 vehicle trips per day. 17. If developed with single family homes the site would generate about 1,236.9 vehicle trips per day. 18. A Mitigated Determination of Non-Significance was issued for this project requiring a traffic study for necessary street improvements. 19. Pasco’s population has more than doubled since 1997. 20. The Pasco School District enrollment has grown from 8,048 in 1997 to 17,878 in 2016. 21. Residential development near the existing Ellen Ochoa Middle School indicates middle schools do not negatively impact the value of surrounding homes or the intended development of residential neighborhoods. 22. No sports fielding lighting will be constructed with the proposed middle school. Page 143 of 220 5 CONCLUSIONS BASED ON STAFF FINDINGS OF FACT Before recommending approval or denial of a special permit the Planning Commission must draw its conclusion from the findings of fact based upon the criteria listed in P.M.C. 25.86.060. The criteria and staff listed conclusions are as follows: 1) Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive Plan? The proposed use supports the following plan policies or goals: CF-5 suggests adequate provisions be made for educational facilities throughout the Urban Growth Area. Transportation and Utility policies support city standards that require the extension of streets and utilities in conjunction with development. To be in accord with the Comprehensive Plan the proposed middle school development would also need to include the development of adjoining streets and utilities. 2) Will the proposed use adversely affect public infrastructure? The location of a middle school on the proposed site may encourage the development of residential homes to the north of the school site leading to pressure to expand the UGA into areas the School District will help pay for the sewer trunk line in Burns Road. The School District will thereby be helping the City implement the Sewer Comprehensive Plan. The area north of this proposed school is in the Sewer Comprehensive Plan which the City will be servicing. 3) Will the proposed use be constructed, maintained and operated to be in harmony with existing or intended character of the general vicinity? The proposed middle school has been designed to complement the existing and future neighborhood by providing generous yard setbacks, landscaping, screening of mechanical equipment and a pitched roof line to moderate the school’s height in keeping with typical pitched roofs of residential homes. Middle schools are typically located in or near residential neighborhoods and are an accepted part of the character of residential areas. 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 construction of schools in residential neighborhoods often encourages development of nearby properties. Residential development Page 144 of 220 6 around the Ellen Ochoa School located north of Lewis Street in east Pasco was not completed until after the school was in place. An on-line search of the Franklin County Assessors records (2017) revealed that values of all residential properties located near the existing Ellen Ochoa Middle School have increased since the school was built. 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? Experience has shown that schools within Pasco generate few complaints from neighbors. Schools have a long history of being accepted in residential neighborhoods. In most communities schools, including middle schools, are located in or near residential neighborhoods. Middle schools typically are not a source of dust, fumes, vibrations or flashing lights. The proposed school could generate up to 1,782 vehicle trips per day. During weekends, the summer break, and other break periods very little traffic will be generated. A Mitigated Determination of Non-Significance based on the provision of a traffic study for necessary street improvements is likely for this application, and any approval should be conditioned upon meeting or accomplishing the recommendations contained within the study. 6) Will the proposed use endanger the public health or safety if located and developed where proposed, or in anyway will become a nuisance to uses permitted in the district? The middle school will be constructed to meet all requirements of the International Building Code, the Fire Code, the Plumbing Code, all other construction codes and state regulations pertaining to middle school construction. The building will be required to have fire-rated corridors, area separation walls, sufficient exiting and fire sprinkler systems to ensure the safety of the public. The construction of sidewalks and street improvements will address traffic safety issues. Proposed Approval Conditions 1. The special permit shall apply to Franklin County Assessor’s Parcel No. 115170085, approximately the west 21.1 acres of parcel 115170068, and any future consolidations or subdivisions thereof. 2. The middle school site shall be developed in substantial conformity with the site plan and building elevations submitted with the special permit application. Nothing herein prohibits the School Page 145 of 220 7 District from adding four additional classrooms to the school building or placing portable classrooms on the site. 3. Burns Road abutting the School District property and the property currently under contract (Franklin County Assessor’s Parcel No. 115170085 and approximately the west 21.1 acres of parcel 115170068 existing as of September 25, 2017) shall be improved to arterial street standards meeting construction standards of the City. Improvements shall include but not be limited to curb, gutter, sidewalk and street lighting along the school side of the street. 4. Sidewalks in the Burns Road right-of-way shall be 5 feet wide and located along the property line rather than the curb line. 5. The planting strip between the Burns Road curb and the offset sidewalk must be planted in lawn and trees planted at 50-foot intervals. The landscape and irrigation plan must be approved by the Administrative and Community Services Department prior to installation. 6. No on-street parking or bus staging will be permitted on or adjacent to Burns Road or the proposed road along the western property line. 7. All costs associated with speed reduction/modification including but not limited to flashing lights, signage, pedestrian sensors, safety and crosswalks shall be paid for by the School District. 8. A traffic study shall be conducted for necessary street improvements, and any approval shall be conditioned upon meeting or accomplishing the recommendations contained within the study, as per the MDNS. 9. All street/roadway signage abutting the property is to be provided by the School District and must conform to the most current MUTCD & City of Pasco Construction Standards. 10. The School District shall construct all necessary improvements and accommodations for pedestrian school routes along Burns Road and the proposed road along the western property line. 11. No mid-block crosswalks will be permitted on Burns Road or the proposed road along the western property line. 12. The School District shall prepare a dust control mitigation plan to be submitted with the building permit application. 13. The School District shall install a 16 inch irrigation line along the length of the school site in Burns Road. 14. The School District shall dedicate the south 40 feet of the site for the Burns Road right-of-way. 15. The School District shall dedicate the west 60 feet of the site for future road right-of-way. 16. No sports field light shall be permitted. 17. Water rights associated with site must be dedicated to the City prior to the issuance of a building permit. Page 146 of 220 8 18. The special permit shall be null and void if a building permit has not been obtained by December 2020. RECOMMENDATION MOTION: I move to adopt findings of fact and conclusions therefrom as contained in the November 16, 2017 staff report. MOTION: I move, based on the findings of fact and conclusions therefrom, the Planning Commission recommend the City Council grant a special permit for the location of a Middle School at the 9300 Block of Burns Road (Parcel 115170085 and the west approximately 21.1 acres of parcel 115170068) with conditions as listed in the November 16, 2017 staff report. Page 147 of 220 Item: Pasco School District Middle School #4Applicant: Pasco School DistrictFile #: SP 2017-015 Overview MapSITEPage 148 of 220 Applicant: Pasco School District Vicinity MapProposedMiddleSchoolSiteProposedElementarySchoolSiteItem: Pasco School District Middle School #4File #: SP 2017-015Page 149 of 220 ProposedMiddleSchoolSiteProposedElementarySchoolSiteApplicant: Pasco School District Land Use MapFarming (County)ColumbiaTerraceFarmingSFDUsItem: Pasco School District Middle School #4File #: SP 2017-015Page 150 of 220 Applicant: Pasco School District Zoning MapAP-20 (County)Item: Pasco School District Middle School #4File #: SP 2017-015ProposedMiddleSchoolSiteProposedElementarySchoolSiteR-1R-1R-1Page 151 of 220 > 0 0 i ~ I!-----------~------ BURNS ROAD SITE STUDY ~~ ~~ m ~~ 0 ~ o -t ~ o~ ;;il---------1 -( m ~ -PASCO SCHOOi. DISTRICT Q ....... BURN S 0 ANO BROAOMOOR BLVD. PASCO. WA > 0 0 0\ 0 > n , 111 "' .... t"t 111 ~i -~l ~.~~~~~ ~. ·~ ~: , .. , __ "'°'_'""•(IOil•~~- :0 -< -< ................. - C ~llf--~·,---­-~·----,._<I'_, % Page 152 of 220 Looking NorthPage 153 of 220 Looking EastPage 154 of 220 Looking SouthPage 155 of 220 Looking WestPage 156 of 220 -1- PLANNING COMMISSION MINUTES 10/19/17 PUBLIC HEARINGS: D. Special Permit Location of Middle School #4 (Pasco School District) (MF# SP 2017-015) Chairman Cruz read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed the special permit application for the location of middle school #4. This item involves a middle school adjacent to the proposed elementary school in the 9300 block of Burns Road. The entire site is roughly 60 acres and the middles school site is composed of about 39 acres. The current zoning on the property is R-1 and everything discussed during the special permit hearing for the new elementary school would apply to this item. The school will be substantially larger at 115,000 square feet and would have the capacity for 1,100 middle school students. There is information in the staff report on traffic generation. Part of the staff report indicates that the City will be working with the School District to review a traffic impact study that will likely call out the likely needed improvements both on the roads adjacent to the site and possible intersections nearby, particularly Broadmoor Boulevard and Road 100. Chairman Cruz stated that he agreed with a comment Commissioner Alvarado discussed during the special permit hearing for the elementary school located on the same site in that there is an awkward situation where there is only one north/south access for quite some distance but there is not much to do about that. Randy Nunamaker, Pasco School District Executive Director, 1215 W. Lewis Street, spoke on this item. This middle school will help with growth and provide additional space for our middle school students. Mr. White added that while there doesn’t seem to be much north/south access to the school now with the exception of Road 90, the zoning on either side of both of these sites is R-1 and is in the City and it’s very likely the property to the north will likely be in the City very soon and also probably zoned residential so in the future, although the bond may pass and the schools may be built in a year or two and they may serve properties to the south, the may end up not serving any properties to the south once these areas to the north develop. Commissioner Alvarado said he had a request for future development from both the School District and the Planning Department to make sure that there are appropriate easements in the residential developers are informed of the design of the school to create good easements for the kids to get to school. And on another note, he added that it would be helpful to get a scale added to the maps in the future. With no further questions or comments the public hearing closed. Page 157 of 220 -2- Commissioner Bowers moved, seconded by Commissioner Portugal, to close the public hearing and schedule deliberations, the adoption of findings of fact and development of a recommendation for City Council for the November 16, 2017 Planning Commission meeting. The motion passed unanimously. Page 158 of 220 -1- PLANNING COMMISSION MINUTES 11/16/17 OLD BUSINESS: C. Special Permit Location of Middle School #4 (Pasco School District) (MF# SP 2017-015) Chairman Cruz read the master file number and asked for comments from staff. Dave McDonald, City Planner, discussed the special permit application for the location of Middle School #4. There were no additional comments since the previous meeting. Commissioner Greenaway moved, seconded by Commissioner Roach, to adopt findings of fact and conclusions therefrom as contained in the November 16, 2017 staff report. The motion passed unanimously. Commissioner Greenaway moved, seconded by Commissioner Roach, based on the findings of fact and conclusions therefrom, the Planning Commission recommend the City Council grant a special permit for the location of a middle school at the 9300 block of Burns Road (Parcel 115170085 and the west approximately 21.1 acres of parcel 115170068) with conditions as listed in the November 16, 2017 staff report. The motion passed unanimously. Page 159 of 220 AGENDA REPORT FOR: City Council November 28, 2017 TO: Dave Zabell, City Manager Rick White, Director Community & Economic Development Regular Meeting: 12/4/17 FROM: Darcy Bourcier, Planner I Community & Economic Development SUBJECT: Special Permit: Elementary School #17 (MF# SP2017-014) I. REFERENCE(S): Proposed Resolution Vicinity Map Report to Planning Commission Planning Commission Minutes: Dated 10/19/2017 and 11/16/17 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. _____, approving a special permit for the location of an elementary school in an R-1 zoning district at the 9100 block of Burns Road, as recommended by the Planning Commission. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: On October 19, 2017 the Planning Commission conducted a public hearing to take public input regarding the proposal to locate an elementary school at the 9100 block of Burns Road. Following conduct of the hearing, the Planning Commission determined the proposal to be reasonable and developed a recommendation to approve the location of the elementary school. No written appeal of the Planning Commission's recommendation has been received. Page 160 of 220 V. DISCUSSION: The applicant is proposing to construct an elementary school at the 9100 block of Burns Road. The location is in an R-1 (Low-Density Residential) zoning district and also adjacent to a proposed middle school. Schools require approval through the special permit process in all zoning districts. The elementary school will be located on approximately 12.5 acres of a 60 -acre parcel. The school itself will occupy 72,000 square feet and can support an estimated 750 students. The site will contain sports fields, public parking, and bus loading off Burns Road. Page 161 of 220 … RESOLUTION NO._______ A RESOLUTION GRANTING A SPECIAL PERMIT FOR THE LOCATION OF ELEMENTARY SCHOOL #17 IN AN R-1 ZONING DISTRICT ON BURNS ROAD. WHEREAS, Pasco School District #1 submitted an application for the location of Elementary School #17 located on Burns Road (Tax Parcel #115 170 085 and #115 170 068); and WHEREAS, the Planning Commission held a public hearing on October 19, 2017 to review a special permit for the proposed Elementary School #17; and, WHEREAS, following deliberations on November 16, 2017 the Planning Commission recommended approval of a Special Permit for Elementary School #17 with certain conditions; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: 1. That a Special Permit is hereby granted to Pasco School District #1 for Elementary School #17 in an R-1 Zoning district under Master File # SP 2017-014 with the following conditions: a. The special permit shall apply to Franklin County Assessor’s Parcel No. 115 170 085, approximately 21.1 acres of parcel 115 170 068, and any subdivisions thereof. b. The elementary school site shall be developed in substantial conformity with the site plan and building elevations submitted with the special permit application. Nothing herein prohibits the School District from adding four additional classrooms to the school building or placing portable classrooms on the site. c. Burns Road abutting the School District property and the property currently under contract (Franklin County Assessor’s Parcel No. 115 170 085 and approximately 21.1 acres of parcel 115 170 068 existing as of September 25, 2017) shall be improved to arterial street standards meeting construction standards of the City. Improvements shall include but not be limited to curb, gutter, sidewalk and street lighting along the school side of the street. d. Sidewalks in the Burns Road right-of-way shall be 5 feet wide and located along the property line rather than the curb line. e. The planting strip between the Burns Road curb and the offset sidewalk must be planted in lawn and trees planted at 50-foot intervals. The landscape and irrigation plan must be approved by the Administrative and Community Services Department prior to installation. f. No on-street parking or bus staging will be permitted on or adjacent to Burns Road or the proposed road along the western property line. Page 162 of 220 g. All costs associated with speed reduction/modification including but not limited to flashing lights, signage, pedestrian sensors, safety and crosswalks shall be paid for by the School District. h. All street/roadway signage abutting the property is to be provided by the School District and must conform to the most current MUTCD & City of Pasco Construction Standards. i. A Mitigated Determination of Non-Significance based on the provision of a traffic study for necessary street improvements has been issued for this project. j. The School District shall construct all necessary improvements and accommodations for pedestrian school routes along Burns Road and the proposed road along the western property line as required and identified in the traffic study. k. No mid-block crosswalks will be permitted on Burns Road or the proposed road along the western property line. l. The School District shall prepare a dust control mitigation plan to be submitted with the building permit application. m. The School District shall install a 16 inch irrigation line along the length of the school site in Burns Road. n. The School District shall dedicate the south 40 feet of the site for the Burns Road right-of-way. o. The School District shall dedicate the west 60 feet of the site for future road right-of-way. p. No sports field light shall be permitted. q. Water rights associated with site must be dedicated to the City prior to the issuance of a building permit. r. The special permit shall be null and void if a building permit has not been obtained by December 2020. 2. Passed by the City Council of the City of Pasco this 4th day of December, 2017. _______________________________ Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: ________________________________ _____________________________ Daniela Erickson, City Clerk Leland B. Kerr, City Attorney Page 163 of 220 Applicant: Pasco School District Vicinity MapItem: Pasco School District Elementary School #17File #: SP 2017-014ProposedMiddleSchoolSiteProposedElementarySchoolSitePage 164 of 220 REPORT TO PLANNING COMMISSION MASTER FILE NO: SP 2017-014 APPLICANT: Pasco School District #1 HEARING DATE: 10/19/17 1215 W Lewis St ACTION DATE: 11/16/17 Pasco, WA 99301 BACKGROUND REQUEST: SPECIAL PERMIT: Location of an Elementary School in an R-1 District. (9100 Block of Burns Road) 1. PROPERTY DESCRIPTION: Legal: That portion of the S ½ of the SW ¼ of section 5, township 9 north, range 29 east, W.M., Franklin County, WA being described as follows: beginning at the SE corner of above said SW ¼; thence S 89°37'55" W 1,269.48 feet; thence N 01°01'10" E 1,336.68 feet to a point on the northerly line of above said S ½; thence N 89°32'38" E along said line 1,269.53 feet to the NE corner of said S ½; thence S 01°01'10" W along the easterly line of said SW ¼ 1,338.63 feet to the point of beginning. Together with and subject to easements, reservations, covenants and restrictions of record and in view. General Location: 9100 Block of Burns Road Property Size: Approximately 12.5 acres on a 60-acre parcel 2. ACCESS: The site is adjacent Burns Road at approximately the 9100 block. 3. UTILITIES: Water and sewer lines will be stubbed into School District property at the southeast corner along Burns Road. The School District will also be responsible for running water and sewer the length of their frontage to Burns Road. 4. LAND USE AND ZONING: The site is zoned R-1 (Low Density Residential) and is being farmed. The property to the north is zoned A-P (Agricultural Production) in the County and is currently being farmed. The property to the west is zoned R-1 and is being developed with the Columbia Terrace subdivision. The property to the east is zoned R-1 and is being farmed. The properties to the south are zoned R-1 and are developed with single- family homes in the Broadmoor Estates subdivision. Page 165 of 220 2 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site as Low-Density Residential. Goal CF-5 suggests adequate provisions should be made for educational facilities located throughout the urban growth area. Policy CF-5-A encourages the appropriate location and design of schools throughout the community. 6. ENVIRONMENTAL DETERMINATION: Based on the SEPA checklist, the adopted City Comprehensive Plan, City development regulations, testimony at the public hearing and other information, a Mitigated Determination of Non-Significance (MDNS) has been issued for this project. Mitigation factors include the provision of a traffic study for necessary street improvements in accordance with City standards. DISCUSSION The Pasco School District proposes to build an elementary school on a portion of a 60-acre site composed of one 38.9-acre parcel owned by the School District and approximately 21.1 acres of another parcel to the east now under contract. The eastern lot and a portion of the western lot are designated for the elementary school. Most of the site to the west is being proposed for a middle school. Pasco currently has fifteen elementary schools, which have been growing in enrollment by an average of over 5% annually since 2000. The fifteen elementary schools have the capacity to serve 7,735 students, but as of August 2017, there were 8,539 students enrolled. The District has had to adjust enrollment by moving students around to different schools and re-assigning grades to different schools in order to accommodate the growth. Mobile classrooms have also been added to virtually every PSD campus even at or near the completion of new schools in order to accommodate growth. With the ongoing growth in population (Pasco’s population has more than doubled in size since 2000, at an average annual increase of over 5%) and student enrollment, the School District needs to construct several schools. Elementary school enrollment in Pasco has increased by an average of about 28 new students per school per year for the last two decades. This continued growth in school enrollment will create the need for additional elementary schools. To address part of the need for additional school space the District is proposing to develop the site in question with a 72,000-square-foot elementary school. The building will have classroom space for 750 students. The site will contain sports fields, public parking, and bus loading off Burns Road. Page 166 of 220 3 The proposed site is farmland developed with crop circles located along the north side of Burns (formerly Powerline) Road. Burns Road is improved with pavement only. The School District will be responsible for completing all of the street improvements in Burns Road and installing roads along the east and west borders of the site. A signal warrant test may be needed to determine when a signal should be installed at Broadmoor Boulevard and Burns Road. The Regional Transportation Analysis model used by the Regional Council does not include elementary schools in the data used to identify future traffic impacts because elementary schools do not impact the peak hour traffic conditions the way other land uses do. Based on the Institute of Traffic Engineers Trip Generation Manual (8th Ed) an elementary school with 750 students on average can be expected to generate about 967.5 vehicle trips per day. That would amount to $41,602 in traffic impact fees (trips multiplied by $43.00/trip). By comparison, if the site were to develop with single family homes about 1,236.9 daily vehicle trips could be expected. Most of the schools in Pasco including the Pasco High School and Chiawana High School are located in residential zoning districts. An on-line search of the Franklin County Assessors records (2017) revealed that all of the residential properties directly adjacent the existing Franklin STEM Elementary School located at 6010 Road 52 have increased in valued since the school was built by an average of over $55,000 between 2014-2017 (range $27,000-$135,800). The neighborhood has yet to be completed and plans are already underway to further develop the unoccupied land around the school. This provides a good indication that elementary schools do not discourage the development of permitted uses on property in the general vicinity of a school or impair the value thereof. Access to the site will be from a proposed road to be constructed along the east property line of the site and from Burns Road to the south. Both Broadmoor Boulevard and Road 90 feed into Burns Road for local access. School sites typically have at least two means of access for safety reasons and to help diffuse traffic and reduce the impacts of traffic on surrounding residential uses. 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 and comments made at the public hearing. The Planning Commission may add additional findings as deemed appropriate. Page 167 of 220 4 1. The site is located in an R-1 zone. 2. Under the current zoning approximately 202 single-family dwellings could be constructed on the site. 3. Schools are conditional land uses in the R-1 zone and require review through the special permit process prior to permitting for construction. 4. The site is at the northern edge of the Pasco Urban Growth Boundary. 5. The site is within the City limits of Pasco annexed in 2016. 6. The Comprehensive Plan identifies the site for low-density residential uses. 7. Comprehensive Plan Goal CF-5 suggests that adequate provisions should be made for the location of educational facilities throughout the urban growth area. 8. The site is currently being farmed. 9. The west 38.97 acres of the site are owned by the Pasco School District and the remaining approximately 21.1 acres are under contract. 10. Sewer and water utilities will be stubbed to the site. 11. The site is located at the 9100 block Burns Road. 12. Burns Road is not fully improved. 13. All existing elementary schools in Pasco have at least two access routes to and from the schools. 14. City development standards require street and utility (sewer, water, irrigation) improvements to be constructed or installed concurrently with site development. 15. Off-site street improvements include but are not limited to street construction and paving, installation of curb gutter and sidewalk (7’ wide), street lights, handicapped ramps, signage, lane striping, street drainage, traffic signals, speed-reduction modifications, and fire hydrants. 16. According to the Institute of Traffic Engineers Trip Generation Manual (8th Ed) a 750-student middle school will generate about 967.5 vehicle trips per day. 17. If developed with single family homes the site would generate about 1,236.9 vehicle trips per day. 18. A Mitigated Determination of Non-Significance based on the provision of a traffic study for necessary street improvements is likely for this application. 19. Pasco’s population has more than doubled since 1997. 20. The Pasco School District enrollment has grown from 8,048 in 1997 to 17,878 in 2016. 21. No sports fielding lighting will be constructed with the proposed elementary school. Page 168 of 220 5 CONCLUSIONS BASED ON STAFF FINDINGS OF FACT Before recommending approval or denial of a special permit the Planning Commission must draw its conclusion from the findings of fact based upon the criteria listed in P.M.C. 25.86.060. The criteria and staff listed conclusions are as follows: 1) Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive Plan? The proposed use supports the following plan policies or goals: CF-5 suggests adequate provisions be made for educational facilities throughout the Urban Growth Area. Transportation and Utility policies support city standards that require the extension of streets and utilities in conjunction with development. To be in accord with the Comprehensive Plan the proposed elementary school development would also need to include the development of adjoining streets and utilities. 2) Will the proposed use adversely affect public infrastructure? The location of an elementary school on the proposed site may encourage the development of residential homes to the north of the school site leading to pressure to expand the UGA into areas the School District will help pay for the sewer trunk line in Burns Road. The School District will thereby be helping the City implement the Sewer Comprehensive Plan. The area north of this proposed school is in the Sewer Comprehensive Plan which the City will be servicing. 3) Will the proposed use be constructed, maintained and operated to be in harmony with existing or intended character of the general vicinity? The proposed elementary school has been designed to complement the existing and future neighborhood by providing generous yard setbacks, landscaping, screening of mechanical equipment and a pitched roof line to moderate the school’s height in keeping with typical pitched roofs of residential homes. Elementary schools are typically located in or near residential neighborhoods and are an accepted part of the character of residential areas. 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? Page 169 of 220 6 The construction of schools in residential neighborhoods often encourages development of nearby properties. For example, residential development around the Franklin STEM Elementary School located at 6010 Road 52 progressed after the school was in place. An on-line search of the Franklin County Assessors records (2017) revealed that values of all residential properties located near the existing Franklin STEM Elementary School have increased since the school was built. 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? Experience has shown that schools within Pasco generate few complaints from neighbors. Elementary schools typically are not a source of dust, fumes, vibrations or flashing lights. The proposed school could generate up to 967.5 vehicle trips per day. During weekends, the summer break, and other break periods very little traffic will be generated. Schools have a long history of being accepted in residential neighborhoods. In most communities schools are located in or near residential neighborhoods. A Mitigated Determination of Non- Significance based on the provision of a traffic study for necessary street improvements is likely for this application and any approval should be conditioned upon meeting or accomplishing the recommendations contained within the study. 6) Will the proposed use endanger the public health or safety if located and developed where proposed, or in anyway will become a nuisance to uses permitted in the district? The elementary school will be constructed to meet all requirements of the International Building Code, the Fire Code, the Plumbing Code, all other construction codes and state regulations pertaining to elementary school construction. The building will be required to have fire-rated corridors, area separation walls, sufficient exiting and fire sprinkler systems to ensure the safety of the public. The construction of sidewalks and street improvements will address traffic safety issues. Page 170 of 220 7 Approval Conditions 1. The special permit shall apply to Franklin County Assessor’s Parcel No. 115170085, approximately 21.1 acres of parcel 115170068, and any subdivisions thereof. 2. The elementary school site shall be developed in substantial conformity with the site plan and building elevations submitted with the special permit application. Nothing herein prohibits the School District from adding four additional classrooms to the school building or placing portable classrooms on the site. 3. Burns Road abutting the School District property and the property currently under contract (Franklin County Assessor’s Parcel No. 115170085 and approximately 21.1 acres of parcel 115170068 existing as of September 25, 2017) shall be improved to arterial street standards meeting construction standards of the City. Improvements shall include but not be limited to curb, gutter, sidewalk and street lighting along the school side of the street. 4. Sidewalks in the Burns Road right-of-way shall be 5 feet wide and located along the property line rather than the curb line. 5. The planting strip between the Burns Road curb and the offset sidewalk must be planted in lawn and trees planted at 50-foot intervals. The landscape and irrigation plan must be approved by the Administrative and Community Services Department prior to installation. 6. No on-street parking or bus staging will be permitted on or adjacent to Burns Road or the proposed road along the western property line. 7. All costs associated with speed reduction/modification including but not limited to flashing lights, signage, pedestrian sensors, safety and crosswalks shall be paid for by the School District. 8. All street/roadway signage abutting the property is to be provided by the School District and must conform to the most current MUTCD & City of Pasco Construction Standards. 9. A Mitigated Determination of Non-Significance based on the provision of a traffic study for necessary street improvements has been issued for this project. 10. The School District shall construct all necessary improvements and accommodations for pedestrian school routes along Burns Road and the proposed road along the western property line as required and identified in the traffic study. 11. No mid-block crosswalks will be permitted on Burns Road or the proposed road along the western property line. Page 171 of 220 8 12. The School District shall prepare a dust control mitigation plan to be submitted with the building permit application. 13. The School District shall install a 16 inch irrigation line along the length of the school site in Burns Road. 14. The School District shall dedicate the south 40 feet of the site for the Burns Road right-of-way. 15. The School District shall dedicate the west 60 feet of the site for future road right-of-way. 16. No sports field light shall be permitted. 17. Water rights associated with site must be dedicated to the City prior to the issuance of a building permit. 18. The special permit shall be null and void if a building permit has not been obtained by December 2020. RECOMMENDATION MOTION for Findings of Fact: I move to adopt Findings of Fact and Conclusions therefrom as contained in the November 16, 2017 staff report. MOTION for Recommendation: I move, based on the Findings of Fact and Conclusions therefrom, the Planning Commission recommend the City Council grant a special permit to Pasco School District #1 for the location of an elementary school at the 9100 block of Burns Road with conditions as contained in the November 16, 2017 staff report. Page 172 of 220 Composite Floor PlanProposedElementary School #16Road 84, Pasco, WAApprox. 730 StudentsApprox. 73,000 SFPASCO SCHOOL DISTRICT No. 11215 W. LEWISPASCO, WA 99301Ph: (509) 543-6095First FloorProposedElementary School #17Burns Road, Pasco, WAPage 173 of 220 Composite Floor PlanProposedElementary School #16Road 84, Pasco, WAApprox. 730 StudentsApprox. 73,000 SFPASCO SCHOOL DISTRICT No. 11215 W. LEWISPASCO, WA 99301Ph: (509) 543-6095Second FloorProposedElementary School #17Burns Road, Pasco, WAPage 174 of 220 Applicant: Pasco School District Concept MapItem: Pasco School District Elementary School #17File #: SP 2017-014Page 175 of 220 Item: Pasco School District Elementary School #17Applicant: Pasco School DistrictFile #: SP 2017-014 Overview MapSITEPage 176 of 220 Applicant: Pasco School District Vicinity MapItem: Pasco School District Elementary School #17File #: SP 2017-014ProposedMiddleSchoolSiteProposedElementarySchoolSitePage 177 of 220 Applicant: Pasco School District Land Use MapItem: Pasco School District Elementary School #17File #: SP 2017-014ProposedMiddleSchoolSiteProposedElementarySchoolSiteFarming (County)ColumbiaTerraceFarmingSFDUsPage 178 of 220 Applicant: Pasco School District Zoning MapItem: Pasco School District Elementary School #17File #: SP 2017-014AP-20 (County)ProposedMiddleSchoolSiteProposedElementarySchoolSiteR-1R-1R-1Page 179 of 220 Looking NorthPage 180 of 220 Looking EastPage 181 of 220 Looking SouthPage 182 of 220 Looking WestPage 183 of 220 PLANNING COMMISSION MINUTES 10/19/2017 PUBLIC HEARINGS C. Special Permit Location of Elementary School #17 (Pasco School District) (MF# SP 2017-014) Chairman Cruz read the master file number and asked for comments from staff. Darcy Bourcier, Planner I, discussed the special permit application for the location of elementary school #17. The Pasco School District is looking to build an elementary school on a portion of a 60 acre site that is composed of two parcels. The eastern lot is about 21 acres and a portion of the western lot is designated for the elementary school and most of the site to the west is being proposed for a middle school. Pasco currently has 15 elementary schools which have the capacity to serve 7,700 students but as of August 2017, there were 8,500 students. Mobile classrooms have been added to almost every school campus in order to accommodate that growth. The ongoing growth, population and enrollment, the School District needs to construct several new schools. The District wants to develop the site with a 72,000 square foot elementary school with classroom space for 750 students. The site will contain sports fields, public parking and bus loading off of Burns Road. Burns Road is improved with pavement only so the School District will be responsible for completing all of the street improvements on Burns Road and installing roads on the east and west borders of the site. Access to the site will be from a proposed road that will be constructed on the east property line and from Burns Road to the south. Both Broadmoor Boulevard and Road 90 feed into Burns Road for local access. Schools in Pasco are typically located in residential zoning districts and raise the property values of the houses nearby, promoting the development of the neighborhoods. Commissioner Alvarado asked when the residential development to the south was developed. Dave McDonald, City Planner, said the residential south of Burns Boulevard began in 2004-2005 and in that time over 1,000 homes were constructed in the city and these homes were a part of that growth spurt. Commissioner Alvarado asked how recent have plans been to have a school in this area. Mr. McDonald responded that the School District would be better to answer but they have owned the 40 acre site for a number of years and just recently purchased a 21 acre site to add to it. Commissioner Alvarado said he would like to have seen more access for kids to walk to the school moving forward. Page 184 of 220 Mr. McDonald replied that there are connections from the south to Burns Road by way of Road 84 and Road 90. Commissioner Alvarado said they were not very walkable for kids. Mr. McDonald responded that the School District will be installing sidewalks along the southern portion of their property and as with most elementary schools, they will have crossing guards at Road 90 and Road 84 along Burns Road. Commissioner Alvarado added that it would be nice to have a street between Road 90 and Road 84 to give access for kids to walk to school and not have to go all the way around to Road 90. It is possibly too late for that now but something to look at in the future. Mr. McDonald replied that when the subdivision was developed to the south nobody had any idea that there would be schools at this location. Commissioner Bowers said this location seems really close to Maya Angelou Elementary School and wondered what the boundaries would be for Maya Angelou versus this new school. Chairman Cruz said that would be a question to ask the applicant. Randy Nunamaker, Pasco School District Executive Director, 1215 W. Lewis Street, spoke on behalf of this application. Pasco School District has continued its enrollment growth and the addition of these schools would help accommodate the growth on the west side of Pasco. The School District will work with the City to ensure the footprint is appropriate for safety and access to the school with crosswalks and sidewalks. Commissioner Bowers asked why there was a decision to locate an elementary school at this site given the close proximity to an existing elementary school. Mr. Nunamaker responded that right now Maya Angelou Elementary has almost 1,000 students which is significantly above and beyond what that school can handle. When looking at current and future developments there will be more than enough students accommodating the new school. Commissioner Bowers said there was a football or soccer field located on site and four baseball diamonds. She asked how the sports facilities were decided upon. Mr. Nunamaker said of course. Typically there are baseball and softball fields as well as soccer fields. They have a process called “Educational Specifications” where the community is involved and there is a lot of discussion. At this time it is conceptual plans. Page 185 of 220 Chairman Cruz said they have a general template they use for planning purposes and then they adjust based on the feedback. Commissioner Portugal asked if he knew the percentage of walkers that would attend the school versus the students who take the bus. Mr. Nunamaker said that they won’t have those numbers yet. There is a process for developing the school boundaries and once those boundaries are developed with public input, and at that time there will be a discussion about walkers and buses. Chairman Cruz reminded the Commission that the School District doesn’t pick school locations based on the proximity to other schools, rather the density of the houses in particular areas. The density in the proposed area is very tight so even though the schools are close together it is based on the density of the student population around. There will likely be more than 5 schools in this area when it is all said and done when the area is fully developed. Mr. Nunamaker said yes, they are already looking for property. Chairman Cruz said the new proposed middles school is only roughly 2 miles from McLaughlin. Mr. Nunamaker said yes. Commissioner Mendez asked if the School District has developed a master plan to address the population growth. As it is now, there are portables and nobody likes the portables. Mr. Nunamaker said absolutely and their goal is to construct new schools and move completely away from portables. Brick and mortar buildings are always their first choice. As for the Master Facilities Plan, the schools the Commission is hearing about now are being put on the November bond election which was developed by the Community Builders Group and based on the bond election results, the Community Builders will come back together and complete the 20 year Facilities Plan. With no further questions or comments the public hearing closed. Commissioner Bykonen moved, seconded by Commissioner Bowers, to close the public hearing and schedule deliberations, the adoption of findings of fact and development of a recommendation for City Council for the November 16, 2017 Planning Commission meeting. The motion passed unanimously. Page 186 of 220 PLANNING COMMISSION MINUTES 11/16/2017 OLD BUSINESS B. Special Permit Location of Elementary School #17 (Pasco School District) (MF# SP 2017-014) Chairman Cruz read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed the special permit for the location of Elementary School #17. There were no additional comments since the previous meeting. Commissioner Roach asked for clarification about the approval conditions concerning no mid-block crosswalks. Mr. White replied that mid-block crosswalks have proven to be dangerous and it is safer to have crosswalks at intersections instead. Commissioner Roach asked if there would be crosswalks at the intersection of Road 90. Mr. White said yes. There were no further questions or comments. Commissioner Greenaway moved, seconded by Commissioner Roach, to adopt findings of fact and conclusions therefrom as contained in the November 16, 2017 staff report. The motion passed unanimously. Commissioner Greenaway moved, seconded by Commissioner Roach, based on the findings of fact and conclusions therefrom, the Planning Commission recommend the City Council grant a special permit to Pasco School District #1 for the location of an elementary school at the 9100 block of Burns Road with conditions as contained in the November 16, 2017 staff report. The motion passed unanimously. Page 187 of 220 AGENDA REPORT FOR: City Council November 28, 2017 TO: Dave Zabell, City Manager Rick White, Director Community & Economic Development Regular Meeting: 12/4/17 FROM: Darcy Bourcier, Planner I Community & Economic Development SUBJECT: Special Permit: Location of a Beauty and Barber School in a C -1 Zone (MF# SP2017-016) I. REFERENCE(S): Proposed Resolution Vicinity Map Report to Planning Commission Planning Commission Minutes: Dated 10/19/2017 and 11/16/2017 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. _____, approving a special permit for the location of a beauty and barber school in a C-1 zoning district at 746 West Court Street, Suite B as recommended by the Planning Commission. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: On October 19, 2017 the Planning Commission conducted a public hearing to take public input regarding the proposal to locate a beauty and barber school at 746 West Court Street, Suite B. Following conduct of the hearing, the Planning Commission determined the proposal to be reasonable and developed findings and a recommendation to support approval of the proposal. No written appeal of the Planning Commission's recommendation has been received. Page 188 of 220 V. DISCUSSION: The applicant is proposing to establish a beauty and barber school at 746 West Court Street, Suite B. The location is in a C-1 (Retail Business) zoning district and is part of a two-suite building. Schools require approval through the special permit process in all zoning districts. Training for a maximum of approximately six students or fewer at a time is condition of approval as recommended by the Planning Commission. Page 189 of 220 … RESOLUTION NO._______ A RESOLUTION GRANTING A SPECIAL PERMIT FOR THE LOCATION OF A BEAUTY AND BARBER SCHOOL IN A C-1 ZONING DISTRICT AT 746 WEST COURT STREET, SUITE B. WHEREAS, Maria Avila submitted an application for the location of a Beauty and Barber School located at 746 West Court Street, Suite B (Tax Parcel #112 151 109); and WHEREAS, the Planning Commission held a public hearing on October 19, 2017 to review a Special Permit for the proposed Beauty and Barber School; and, WHEREAS, following deliberations on November 16, 2017 the Planning Commission recommended approval of a Special Permit for the Beauty and Barber School with certain conditions; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: 1. That a Special Permit is hereby granted to Maria Avila for a Beauty and Barber School in a C-1 Zoning district under Master File # SP 2017-016 with the following conditions: a. The special permit shall apply to Parcel # 112 151 109. b. The number of students shall be limited to six at any one time on the site. c. The special permit shall be null and void if all necessary licenses have not been obtained by October 1, 2018. 2. Passed by the City Council of the City of Pasco this 4th day of December, 2017. _______________________________ Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: ________________________________ _____________________________ Daniela Erickson, City Clerk Leland B. Kerr, City Attorney Page 190 of 220 City of Pasco, IS Division VicinityMap Item: Special Permit - Beauty SchoolApplicant: Maria AvilaFile #: SP 2017-016 ± SITECourt St N 7th AveW Brown StN 8th AvePage 191 of 220 REPORT TO PLANNING COMMISSION MASTER FILE NO: MF# SP 2017-016 APPLICANT: Maria Avila HEARING DATE: 10/19/17 2612 Glendive St. ACTION DATE: 11/16/17 Pasco, WA 99301 BACKGROUND REQUEST: SPECIAL PERMIT: Location of a Beauty and Barber School in a C-1 Zone 1. PROPERTY DESCRIPTION: Legal: Sylvesters 2nd Addition Lots 22 3/4 & 23 BLK 12 General Location: 746 West Court Street, Suite B Property Size: 7,896 square feet 2. ACCESS: Access to the site is available from West Court Street and North 7th Avenue. 3. UTILITIES: The property is served by utilities located in Court Street. 4. LAND USE AND ZONING: The site is zoned C-1 (Retail Business) Residential) and developed with two commercial-use buildings. Surrounding properties are zoned and developed as follows: NORTH: O, C-1, & R-3 –Office, commercial, and multi-family dwelling units SOUTH: R-1 –Duplex and SFDUs EAST: C-1 –Commercial WEST: O –Office 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site for commercial development. Goal CF-5 suggests adequate provisions should be made for educational facilities located throughout the urban growth area. Policy CF-5-A encourages the appropriate location and design of schools throughout the community. 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based on the SEPA checklist, the adopted City Comprehensive Plan, City development regulations, and other information, a threshold determination resulting in a Determination of Non-Significance (DNS) has been issued for this project under WAC 197- 11-158. Page 192 of 220 2 ANALYSIS Maria Avila is seeking a Special Permit to relocate her existing beauty school from 915 West Court Street to a commercial building just on the other side of the street to the east at 746 West Court Street. The applicant had received a Special Permit for locating the beauty school at the former address in 2016, but is seeking to relocate to the latter address to better serve her visitors’ parking needs. There is no specific zoning for beauty schools; however the code does make provision for schools/educational facilities in the community through the special permit process. Beauty schools have been permitted within the City in the past and licensed as private schools. Within the proposed location is an existing barber shop which has operated since 2013; it is expected that both the barber shop and beauty school will share the 1,600-square foot building. Training will be provided for approximately six students or less at a time. The outward appearance of the existing building in which the applicant intends to locate will not change with the proposed beauty school. Parking has always been limited at this location but the barber shop has been able to function for four years because most of their services are provided by appointment. Currently, there are five off-street parking stalls including an ADA parking stall; however, with the addition of several students, parking could become a larger issue. The PMC requires at least eleven parking spaces for a building this size. One option potentially available to the applicant is to borrow parking from the Tri-Cities Community Health’s 77-space parking lot to the southwest. The Tri-Cities Health office building requires at least 73 dedicated spaces, so the four additional spaces could be used to fulfill most of the beauty school’s remaining student parking. However, even in this situation, the building would still be short two spaces. The Planning Commission should note that parking is likely to occur on N 7th Ave and should also note that the development pattern along Court Street presents a parking problem for almost all land uses. Absent complete revitalization of this neighborhood indicates parking is likely to always be problematic. 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 and comments made at the public hearing. The Planning Commission may add additional findings as deemed appropriate. 1. The site is located in a C-1 zone. Page 193 of 220 3 2. The applicant had received a Special Permit for locating a beauty school at 915 W Court St in 2016, but is seeking to relocate the school to 746 W Court St, Suite B to better serve her visitors’ parking needs. 3. Beauty schools have been permitted within the City in the past and licensed as private schools. 4. Within the proposed location is an existing barber shop which has operated since 2013; both the barber shop and beauty school will share the 1,600-square foot building. 5. The outward appearance of the existing building in which the applicant intends to locate will not change with the proposed beauty school. 6. Training will be provided for approximately six students or less at a time. 7. There are five off-street parking stalls including an ADA parking stall, but the PMC requires at least eleven parking spaces for a building this size. 8. The proposed beauty school could potentially borrow four parking spaces from the Tri-Cities Health’s parking lot located to the southwest, but two more spaces would still be required. CONCLUSIONS BASED ON STAFF FINDINGS OF FACT Before recommending approval or denial of a special permit the Planning Commission must draw its conclusion from the findings of fact based upon the criteria listed in P.M.C. 25.86.060. The criteria and staff listed conclusions are as follows: 1) Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive Plan? The proposed use is supported by Plan goals CF-5 which suggests adequate provisions be made for educational facilities throughout the Urban Growth Area. 2) Will the proposed use adversely affect public infrastructure? Public streets and utilities are in place to serve the property. Demands on infrastructure will not change with the addition of the beauty school in the existing building. 3) Will the proposed use be constructed, maintained and operated to be in harmony with existing or intended character of the general vicinity? Page 194 of 220 4 Lupita’s Beauty School has operated at 915 W Court Street since 2016 and its proposed new location is very close by. The operation of the existing barber shop and its outward appearance in this location will not change. 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 height and footprint of the building will not change with the location of the beauty school. The properties around the site have already been developed with commercial, office, and residential uses. 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? Nothing will change on the site to cause noise, dust, and other activities that would be objectionable to neighboring properties. 5) Will the proposed use endanger the public health or safety if located and developed where proposed, or in anyway will become a nuisance to uses permitted in the district? The beauty school in its current location is not a public health and safety concern. It can be presumed that after the relocation the beauty school would not create new health and safety concerns for the neighborhood. Approval Conditions 1. The special permit shall apply to Parcel # 112151109. 2. The number of students shall be limited to six at any one time on the site. 3. The special permit shall be null and void if all necessary licenses have not been obtained by October 1, 2018. Page 195 of 220 5 RECOMMENDATION MOTION for Findings of Fact: I move to adopt Findings of Fact and Conclusions therefrom as contained in the November 16, 2017 staff report. MOTION for Recommendation: I move, based on the Findings of Fact and Conclusions therefrom, the Planning Commission recommend the City Council grant a special permit to Maria Avila for the location of a beauty and barber school at 746 West Court Street, Suite B, with conditions as contained in the November 16, 2017 staff report. Page 196 of 220 City of Pasco, IS Division VicinityMap Item: Special Permit - Beauty SchoolApplicant: Maria AvilaFile #: SP 2017-016 ± SITECourt St N 7th AveW Brown StN 8th AvePage 197 of 220 Land UseMap Item: Special Permit - Beauty SchoolApplicant: Maria AvilaFile #: SP 2017-016 ± SITECourt St N 7th AveW Brown StN 8th AveSFDUs OfficeOffice SFDUsSFDUParkingLots DuplexSFDUs Office Multi-Family OfficeCommercial Page 198 of 220 ZoningMap Item: Special Permit - Beauty SchoolApplicant: Maria AvilaFile #: SP 2017-016 ± SITECourt St N 7th AveW Brown StN 8th AveC-1O R-1 R-1 O R-3 C-1C-1 Page 199 of 220 Site Page 200 of 220 Looking North Page 201 of 220 Looking East Page 202 of 220 Looking South Page 203 of 220 Looking West Page 204 of 220 PLANNING COMMISSION MINUTES 10/19/2017 PUBLIC HEARINGS E. Special Permit Location of a Beauty School (Maria Avila) (MF# SP 2017-016) Chairman Cruz read the master file number and asked for comments from staff. Darcy Bourcier, Planner I, discussed the special permit application for the location of a beauty school. The applicant wishes to relocate their existing beauty school to a commercial building just on the other side of the street at 746 W. Court Street. She had received a special permit for her current beauty school at the former address in 2016 but wishes to relocate to better serve her visitors parking needs. Beauty schools have been permitted within the city in the past and licensed as private schools. Within the proposed location there is an existing barbershop which has operated since 2013 so both the barbershop and beauty school will share the 1,600 square foot building. Training will be provided for approximately 6 students or less at a time. Currently there are 5 off street parking spots, including 1 ADA parking spot but the PMC requires at least 11 parking spaces for a building of this size. One option potentially available is to borrow parking from the Tri-Cities Community Health parking lot which contains 77 parking stalls located to the southwest of the proposed property. That building requires at least 73 parking spots so they have an additional 4 parking spaces that could be used to fulfill most of the schools remaining parking. However, even then they would still be short 2 spaces but parking is likely to occur on North 7th Avenue on the street and it should be noted that nearly all properties on Court Street have parking issues. Because this neighborhood hasn’t undergone a complete revitalization, parking will probably always be an issue. Commissioner Bowers asked how many parking stalls are located at their current location. Ms. Bourcier said it was 3-4 parking stalls. The proposed location isn’t much better but there is at least parking on 7th Avenue. Commissioner Portugal asked for clarification on the parking spots they could share or borrow. Ms. Bourcier there were 4 spots that they could potentially borrow from the Tri-Cities Community Health Center as they have 4 additional spots than what is required for them. Commissioner Portugal asked if the applicant has already worked out a deal with the Tri-Cities Community Health Center. Ms. Bourcier said no, it was just a potential option. Nobody has contacted the Tri- Cities Community Health Center yet. Page 205 of 220 Chairman Cruz said there may be enough parking on the street and the Planning Commission could possibly decide to accept less parking stalls because it is an existing location, not high traffic on Brown Street and parking available on 7th Avenue. While it would be better if they had onsite parking but based on the current configuration of the neighborhood and the surrounding area it may not be an issue if they are fully compliant with current standards. Commissioner Bowers asked for clarification on their current location. Ms. Bourcier responded that they are located to the north on Court Street. Commissioner Bykonen recalled that the previous time this applicant came forward with their original special permit for their current location, the owner of the barbershop on the north side of Court Street appeared at the public hearing and expressed a lot of concern about parking in a lot that he owns. She wanted to ask the applicant to make sure that there is a way for her customers or students to know or realize that parking in that parking lot is no longer an option. She had concerns for that business owner with his parking situation, even though it would require crossing Court Street but people cross Court Street all day and night. Ms. Bourcier said she didn’t think it would be any trouble at all to let students know where the parking would be for the new location. Commissioner Bowers asked if there had been complaints from that business owner about parking since their school opened. Ms. Bourcier said there had been no complaints. Dave McDonald, City Planner, added that there were a number of complaints while going through the public hearing process for their original special permit but staff hasn’t heard from him since the school went in. On North 7th Avenue there are a dozen or more on-street parking spaces available. On Court Street there were none so there are a number of spaces that can be used at this new location. Evelyn Menzel, 531 S. 38th Avenue, West Richland, WA spoke on behalf of Maria Avila. One of the main reasons they are asking for relocation is due to the parking and not because of complaints from the students but because of the aggressive and combative neighboring business owner that Commissioner Bykonen was referring to. He parks his large truck and blocks the view and the students and customers can’t see when backing out and is dangerous for the students and customers. The same owner who owns their current location also owns the new location and he is will to let them continue to use the parking behind 926 Court Street and they have a parking contract there right now and they can continue that. He also owns the neighboring house and he will allow parking there. Their main reason for relocating is for the safety of their students and customers. The new location is also bigger on the inside and has handicap access. Most of their students don’t have vehicles but take the bus and right on the corner by the Tri-Cities Community Health Center is a bus stop making it Page 206 of 220 convenient for them. With no further questions or comments the public hearing closed. Commissioner Portugal moved, seconded by Commissioner Mendez, to close the public hearing and schedule deliberations, the adoption of findings of fact and development of a recommendation for City Council for the November 16, 2017 Planning Commission meeting. The motion passed unanimously. Page 207 of 220 PLANNING COMMISSION MINUTES 11/16/2017 OLD BUSINESS D. Special Permit Location of a Beauty School (Maria Avila) (MF# SP 2017-016) Chairman Cruz read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed the special permit application for the location of a beauty school. There were no additional comments since the previous meeting. Commissioner Bykonen asked staff if the applicant had obtained a parking agreement with the adjacent business, Tri-Cities Community Health, to borrow some parking spaces that they were lacking. Mr. White responded that he was unsure. There were no further questions or comments. Commissioner Roach moved, seconded by Commissioner Greenaway, to adopt findings of fact and conclusions therefrom as contained in the November 16, 2017 staff report. The motion passed unanimously. Commissioner Roach moved, seconded by Commissioner Greenaway, based on the findings of fact and conclusions therefrom, the Planning Commission recommend the City Council grant a special permit to Maria Avila for the location of a beauty school at 746 West Court Street, Suite B, with conditions as contained in the November 16, 2017 staff report. The motion passed unanimously. Page 208 of 220 AGENDA REPORT FOR: City Council November 27, 2017 TO: Dave Zabell, City Manager Regular Meeting: 12/4/17 FROM: Stan Strebel, Deputy City Manager Executive SUBJECT: Appointment of Municipal Court Judge I. REFERENCE(S): Proposed Resolution Contractual Agreement II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. ___, confirming the City Manager's appointment of Craig Stilwill as Municipal Court Judge for the term of January 1, 2018 through December 31, 2021. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: The City operates a Municipal Court, in accordance with RCW Chapter 3.50. State law requires a Municipal Court Judge to be appointed to four-year terms, subject to confirmation of the City Council. The Pasco Municipal Court Judge position is a part- time, 30-hour per week position. The Municipal Court Judge is responsible to oversee the Pasco Municipal Court in the adjudication of cases and the oversight of Court administration. V. DISCUSSION: With a new term set to commence on January 1, 2018, staff solicited interest in the position from attorneys throughout the Tri-Cities. After a screening committee reviewed ten candidates (with interviews of five), the City Manager interviewed three finalists and has determined to appoint Craig Stilwill as Municipal Court Judge. Mr. Stilwill is well acquainted with Pasco Municipal Court, as he has been a regular pro-tem judge there for the past 20+ years. Mr. Stilwill has accpeted the terms of the Page 209 of 220 contractual agreement presented him, and is prepared to modify his private practice upon appointment to accommodate the requirements of the Municipal Court Judge appointment, for the term of January 1, 2018 through December 31, 2021. As the position is currently vacant, in the event Mr. Stilwill is available to assume regular duties before January 1, an interim appointment, through December 31 will be made. Page 210 of 220 RESOLUTION NO. ________ A RESOLUTION confirming appointment of Craig Stilwill as Pasco Municipal Court Judge. WHEREAS, the City of Pasco operates a Municipal Court governed by Ch apter 3.50 RCW; and WHEREAS, operation of the Pasco Municipal Court is an important matter to the citizens of Pasco and its local government; and WHEREAS, the City Manager has determined to appoint Craig Stilwill as Municipal Court Judge to a four-year term, January 1, 2018 through December 31, 2021; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS: Section 1. The appointment of Craig Stilwill as Pasco Municipal Court Judge is hereby confirmed. PASSED by the City Council of the City of Pasco at its regular meeting dated this 4th day of December 2017. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Daniela Erickson, City Clerk Leland B. Kerr, City Attorney Page 211 of 220 Page 212 of 220 Page 213 of 220 Page 214 of 220 Page 215 of 220 AGENDA REPORT FOR: City Council November 29, 2017 TO: Dave Zabell, City Manager Regular Meeting: 12/4/17 FROM: Stan Strebel, Deputy City Manager Executive SUBJECT: Super Majority Voting Requirement for Tax and Fee Increases I. REFERENCE(S): Proposed Resolution II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. ____, calling for an Advisory Election on Super Majority Approval for Amendments to Taxes, Rates and Fees (not recommended). III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: Per the request of Councilmember Hoffmann at the meeting of November 27, 2017, the attached Resolution has been drafted for consideration of the Council. Following Council's discussion on the topic of a super majority voting requirement for tax and fee increases, staff has had the opportunity to gather information that may be useful to Council in consideration of the issue. Bond Rating and Security: When the City issues debt through the sale of bonds, the bonds are either backed by the full faith and credit of the City (meaning, essentially the City's authority to levy property tax sufficient for debt service - for general obligation bonds) or an identified revenue stream such as utility fees (i.e., revenue bonds). In either case, the ability to sell the bonds depends upon the City's ability to respond to debt service needs, under changing conditions in the future. Staff has inquired of Bond Counsel as well as our Bond Financial Adviser, both of whom are working with the City on the current revenue bond issue, as to their opinions on the potential impact of the proposal. Each has shared concern that the super majority requirement as proposed could have a "significant adverse effect" on the City's bond rating; general obligation bonds would Page 216 of 220 be impacted in the case of taxes, and revenue bonds in of fees and rates; e.g. the sale of the $10 million in revenue bonds scheduled for sale on December 4, 2017. State Issues: Washington citizens have voted on super majority initiatives relating to taxes in five elections since 2007. In one case, Initiative 1033 in 2009, the voters rejected (55%/45%) a measure that would have limited government revenues based on population growth and inflation. Three other cases, I-960 (2007), I-1053 (2010) and I-1185 (2012), which were each passed by majorities of from 51% to 64%, were overturned by the state Supreme Court in the case of Educ. Voters vs State in February 2013 with the Court noting that a constitutional amendment was necessary for imposition of a super majority requirement. The most recent case, I-1366 in 2015 wherein the initiative required that the legislature refer a constitutional amendment, requiring a 2/3 super majority (or voter approval) for tax increases, to the people, or else the state sales tax would be reduced, was also approved by 52% voting in favor. The initiative was overturned by the Supreme Court in May of 2016. Applicability: In discussing this issue with legal staff, there is some question as to the City's ability to amend its authority. Local government is granted certain powers to its governing body by the state legislature. There is a common law rule that provides that when the legislature expressly grants authority, in this case to the City Council, that such authority is not subject to repeal, amendment, or modification. As this is a complex point of law, the application of this common law rule to the City Council's tax, fee and rate setting authority is not readily known as of this writing. Legal staff, including Bond Counsel, are reviewing the matter, staff anticipates at least a preliminary legal conclusion in time for Council's regular meeting. Election Costs: Finally, at the prior meeting, staff was asked regarding the cost of elections. The City's recent billings for elections have been as follows (figures are rounded): • August 2017 Pasco Issues: 2 Total Issues: 6 City Cost: $44,000 • November 2015 Pasco Issues: 3 Total Issues: 44 Page 217 of 220 City Cost: $42,000 • November 2013 Pasco Issues: 1 Total Issues: 42 City Cost: $33,000 The total cost billed to four jurisdictions (six items) in Franklin County for the August 2017 primary election was $159,134.71. Costs are dependent on the number of issues on a particular ballot and the area to which the ballot will be distributed. A ballot with one issue will be far more expensive than a ballot with multiple issues and multiple agencies to share in the cost. A February ballot could incur costs similar to those reflected above, if no other issues were on the ballot, costs would reflect the total costs of the Auditor's office of administering the election. Finally, history often provides insight into the many issues swirling around the public arena even today. Author Melissa Schwartzberg, in her book; Prelude and Aggregation in the Ancient World - The Origin of Supermajority Rules, cites the first known use of the "supermajority rule" as occurring in the 100s BCE in ancient Rome. More recently and closer to home, super majority requirements were a focus of debate during the founding of the American republic. And, while the issues at the federal or state level (constitutional authority) are not identical to those at the local level, it is suggested that careful review of the consequences of advancing a super majority requirement be given. A fundamental concern with such rules was articulated by James Madison during the debates preceding the ratification of the US Constitution in Federalist Paper #58. While noting that super majority requirements may form a "... shield to some particular interests, and another obstacle to hasty and partial measures." Madison also cautioned such requirements could cause that the "fundamental principle of free government would be reversed. It would no longer be the majority that would rule; the power would be transferred to the minority... an interested minority might take advantage of it to screen themselves from equitable sacrifices to the general weal (or well being), or, in particular emergencies, to extort unreasonable indulgences." V. DISCUSSION: Owing to the numerous questions and uncertainties regarding the effects of the proposed resolution, staff recommends against its passage. Page 218 of 220 RESOLUTION NO. ________ A RESOLUTION of the City of Pasco, Washington, calling for an advisory election to consider adopting super-majority approval of amendments to municipal, taxes, rates, and fees. WHEREAS, by recent Initiatives, the voters of the State of Washington have expressed the desire that any increase in taxes be subject to additional scrutiny; and WHEREAS, a super-majority voting constraint on the City Council, which is the requirement of affirmative approval by at least five of the seven members of the whole City Council, is a means by which narrow votes regarding increases in taxation, rates and fees might be minimized; and WHEREAS, it has been proposed by a member of the City Council that this issue be presented to the voters of the City of Pasco as an advisory ballot measure at the next available election which is February 13, 2018. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES RESOLVE AS FOLLOWS: Section 1. Request for Election. The City Council of the City of Pasco, Washington, hereby recommends the incoming Pasco City Council fund and request the Franklin County Auditor to call, a special election on February 13, 2018, for the ballot proposition described in Section 2 of this Resolution. Section 2. Ballot Proposition. The proposition to be submitted to the electorate shall read substantially as follows: PROPOSITION 1: (Advisory only) City of Pasco Super-Majority Voting Please advise the City Council (nonbinding) of your preference regarding super- majority Council approval of modification of municipal taxes, rates, and fees (select one of the following): [ ] Approve an Ordinance providing for any amendment or modification of any municipal taxes, rates, and fees shall require the affirmative vote of the majority plus one of the full City Council. [ ] Reject an Ordinance providing for any amendment or modification of any municipal taxes, rates, and fees shall require the affirmative vote of the majority plus one of the full City Council. Page 219 of 220 Section 3. Effective Date. This Resolution shall be in full force and effect upon its passage and signature below. PASSED by the City Council of the City of Pasco, this ____ day of December, 2017. CITY OF PASCO: ___________________________________ Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: ______________________________ ___________________________________ Daniela Erickson, City Clerk Leland B. Kerr, City Attorney Page 220 of 220