HomeMy WebLinkAbout2019.06.03 Council Meeting PacketRegular Meeting
AGENDA
PASCO CITY COUNCIL
7:00 p.m.
June 3, 2019
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.
5 - 7 (a) Approval of Minutes
To approve the minutes of the Pasco City Council Meeting dated May 20,
2019.
8 - 9 (b) Bills and Communications
To approve claims in the total amount of $1,955,578.36 ($980,263.65 in
Check Nos. 229160-229400; $166,494.87 in Electronic Transfer Nos.
824398-824411, 824440-824506, 824510-824519, 824540-824612, 824615-
824651, 824662-824809, 824813-824837, 824889; $20,406.53 in Check
Nos. 52567-52605; $788,413.31 in Electronic Transfer Nos. 30134366-
30134901).
10 - 11 (c) Parks & Recreation Advisory Board Appointment
To appoint Bradyn Leyde to Position No. 5 (term expiration 2/2/21) on the
Parks & Recreation Advisory Board.
12 - 13 (d) Planning Commission Appointments
To appoint Anne Jordan to Position No. 4 (term expiration date 2/2/24), and
Jerry Cochran to fill Position No. 5 (term expiration date 2/2/25) to the
Planning Commission.
14 - 31 (e) Inclusivity Commission Name Change and Extension
To approve amending the name of the Pasco Inclusivity Commission to the
Page 1 of 137
Regular Meeting June 3, 2019
"Pasco Inclusion, Diversity and Equity Commission," and extending the
term of the citizen ad hoc commission, through December 31, 2020 and
amending the terms, conditions and requirements of the Pasco Inclusion,
Diversity and Equity Commission.
(RC) MOTION: I move to approve the Consent Agenda as read.
4. PROCLAMATIONS AND ACKNOWLEDGEMENTS:
32 - 33 (a) Census Day Proclamation
Council to present Proclamation to LoAnn Ayers
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
34 - 38 (b) General Fund Monthly Report - April 2019
7. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND
RESOLUTIONS RELATING THERETO:
39 - 54 (a) Easement Vacation: Vacating (7) Easements at Stevens Middle School
(MF# VAC 2019-003)
MOTION: I move to approve Resolution No. 3904, a resolution setting 7:00
P.M., Monday, July 1, 2019 as the time and date to conduct a public hearing
to consider vacating easements at 1023 N 24th Avenue.
8. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS:
55 - 79 (a) Preliminary Plat: Black Belle Estates (MF# PP2019-001)
MOTION: I move to approve Resolution No. 3905, approving the
Preliminary Plat for Black Belle Estates.
Page 2 of 137
Regular Meeting June 3, 2019
80 - 106 (b) Rezone: One Parcel from C-1 to C-3 (MF# Z 2019-004)
MOTION: I move to adopt Ordinance No. 4440, rezoning a parcel at the
northwest corner of Chapel Hill Boulevard and Road 84 from C-1 (Retail
Business) to C-3 (General Business) with restrictions as contained in the
concomitant agreement, and further, authorize publication by summary only.
107 - 123 (c) Update of Business Licensing Program
MOTION: I move to adopt Ordinance No. 4441 amending Pasco Municipal
Code Title 5 “Business Licenses and Regulations” providing for
participation in the Washington State Business License Service; and
amending PMC Section 3.35.050 “Business Licenses” and, further, authorize
publication by summary only.
124 - 129 (d) Ambulance Fee Update
MOTION: I move to approve Ordinance No. 4442 amending Pasco
Municipal Code Section 3.85.010 (Definitions), and Section 3.85.040
(Monthly utility service fees and rates) and, further, authorize publication by
summary only.
9. UNFINISHED BUSINESS:
10. NEW BUSINESS:
130 - 137 (a) SRO 2019 Summer School Interagency Agreement
MOTION: I move to approve the Interagency Agreement with Pasco
School District to provide School Resource Officers for the Summer School
Program at Pasco High School June 19 to July 3 and Chiawana High
Schools. June 18 to July 3 and, further, authorize the Mayor to execute the
Agreement.
11. MISCELLANEOUS DISCUSSION:
12. EXECUTIVE SESSION:
13. ADJOURNMENT.
(RC) Roll Call Vote Required
* Item not previously discussed
Q Quasi-Judicial Matter
MF# “Master File #....”
Page 3 of 137
Regular Meeting June 3, 2019
REMINDERS:
• Monday, June 3, 1:30 p.m. - Emergency Medical Services - Fire Training Center,
1811 S. Ely, Kennewick (Councilmember Barajas, Rep.; Councilmember Milne,
Alt.)
• Thursday, June 6, 5:30 p.m. - Parks & Recreation Advisory Council - Parks &
Recreation Classroom (Councilmember Milne, Rep.; Councilmember Martinez,
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.
Spanish language interpreter service may be provided upon request. Please provide
two business day's notice to the City Clerk to ensure availability. (Servicio de
intérprete puede estar disponible con aviso. Por favor avisa la Secretaria Municipal
dos días antes para garantizar la disponibilidad.)
Page 4 of 137
AGENDA REPORT
FOR: City Council May 30, 2019
TO: Dave Zabell, City Manager Regular Meeting: 6/3/19
FROM: Angela Pashon, City Clerk
Administrative & Community Services
SUBJECT: Approval of Minutes
I. REFERENCE(S):
Minutes 5.20.19
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve the minutes of the Pasco City Council Meeting dated May 20, 2019.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
Page 5 of 137
REGULAR MEETING
MINUTES
PASCO CITY COUNCIL MAY 20, 2019
CALL TO ORDER:
The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor.
ROLL CALL:
Councilmembers present: Ruben Alvarado, Blanche Barajas, Craig Maloney, Saul
Martinez, David Milne, Pete Serrano, and Matt Watkins.
Staff present: Bob Gear, Fire Chief; Eric Ferguson, City Attorney; Steve Worley,
Public Works Director; Zach Ratkai, Administrative & Community Services Director;
and Brent Cook, Police Support Operations Captain.
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 May 6, 2019.
Bills and Communications
To approve claims in the total amount of $2,929,423.65 ($2,066,444.58 in
Check Nos. 228896-229159; $68,279.68 in Electronic Transfer Nos. 824613,
824661; $20,386.10 in Check Nos. 52545-52566; $774,313.29 in Electronic
Transfer Nos. 30133841-30134365).
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
$284,616.13 and, of that amount, authorize $156,776.17 to be turned over for
collection.
(RC) MOTION: Mr. Maloney moved to approve the Consent Agenda as
read. Mr. Serrano seconded. Motion carried unanimously.
PROCLAMATIONS AND ACKNOWLEDGEMENTS:
Older Americans Month Proclamation
Council presented Proclamation to Cheryl Patton and Frances Beltran of Aging
& Long Term Care (ALTC) Advisory Council for Older Americans Month.
Public Works Week Proclamation
Council presented Proclamation to Joe Robles, Public Works Construction
Inspector for Public Works Week.
VISITORS - OTHER THAN AGENDA ITEMS:
• Jeffrey Robinson: Spoke about the Franklin County Commission holding an
evening meeting on Tuesday, May 20, 2019 at 7:00 p.m.
Page 1 of 2 Page 6 of 137
REGULAR MEETING
MINUTES
PASCO CITY COUNCIL MAY 20, 2019
• Tyson Bellman: Addressed Council on minimal standards and application
review process for the rental program.
REPORTS FROM COMMITTEES AND/OR OFFICERS:
Verbal Reports from Councilmembers
• Mr. Serrano: Attended the Hanford Economic Investment Committee.
• Ms. Barajas: Attended the Communities In Schools of Benton & Franklin
Breakfast Fundraiser.
• Mr. Milne: Attended the Downtown Pasco Development Authority meeting.
• Mr. Alvarado: Attended the Ben-Franklin Council of Governments meeting.
HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS
RELATING THERETO:
ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS:
Kiddy Utility Improvements Ordinance - Latecomer Agreement
MOTION: Mr. Maloney moved to adopt Ordinance No. 4438, requiring
Construction of Utility Facilities as a Prerequisite to Development of Property.
Ms. Barajas seconded. Motion carried unanimously.
Overnight Parking Ordinance - Peanuts Park/Farmers' Market Plaza
MOTION: Mr. Maloney moved to adopt Ordinance No. 4439, amending
Section 10.65.070 of the Pasco Municipal Code, prohibiting overnight parking
in specially identified lots, and further, authorize publication by summary only.
Mr. Martinez seconded. Motion carried unanimously.
MISCELLANEOUS DISCUSSION:
• Mr. Martinez provided condolences for former Kennewick Mayor Steve Young
stating that he gave his heart and soul as a community servant.
EXECUTIVE SESSION:
ADJOURNMENT.
There being no further business, the meeting was adjourned at 7:25 p.m.
PASSED AND APPROVED this 3rd day of June, 2019.
APPROVED: ATTEST:
Matt Watkins, Mayor Angela Pashon, Interim City Clerk
Page 2 of 2 Page 7 of 137
AGENDA REPORT
FOR: City Council May 30, 2019
TO: Dave Zabell, City Manager Regular Meeting: 6/3/19
FROM: Richa Sigdel, Director
Finance
SUBJECT: Bills and Communications
I. REFERENCE(S):
Accounts Payable 06.03.19
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve claims in the total amount of $1,955,578.36 ($980,263.65 in Check Nos.
229160-229400; $166,494.87 in Electronic Transfer Nos. 824398-824411, 824440-
824506, 824510-824519, 824540-824612, 824615-824651, 824662-824809, 824813-
824837, 824889; $20,406.53 in Check Nos. 52567-52605; $788,413.31 in Electronic
Transfer Nos. 30134366-30134901).
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
Page 8 of 137
REPORTING PERIOD:
June 3, 2019
Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined
Check Numbers 229160-229400 52567-52605
Total Check Amount $980,263.65 $20,406.53 Total Checks 1,000,670.18$
Electronic Transfer Numbers 824398-824411 30134366-30134901
824440-824506
824510-824519
824540-824612
824615-824651
824662-824809
824813-824837
824889
Total EFT Amount $166,494.87 $788,413.31 $0.00 $0.00 Total EFTs 954,908.18$
Grand Total 1,955,578.36$
Councilmember
468,483.45
78,278.75
0.00
0.00
379.44
1,457.71
11,276.48
4,285.19
759.55
87,221.55
888.53
1,305.54
181.19
1,093.20
773.14
17,427.75
54,260.80
230.08
0.00
58,978.26
301,409.42
4,749.91
45.27
1,690.40
0.00
860,402.75
GRAND TOTAL ALL FUNDS:1,955,578.36$
EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL
MEDICAL/DENTAL INSURANCE
PAYROLL CLEARING
STADIUM/CONVENTION CENTER
LID
GENERAL CAP PROJECT CONSTRUCTION
UTILITY, WATER/SEWER
EQUIPMENT RENTAL - OPERATING GOVERNMENTAL
EQUIPMENT RENTAL - OPERATING BUSINESS
LITTER ABATEMENT
REVOLVING ABATEMENT
TRAC DEVELOPMENT & OPERATING
ECONOMIC DEVELOPMENT
ATHLETIC PROGRAMS
GOLF COURSE
SENIOR CENTER OPERATING
MULTI-MODAL FACILITY
RIVERSHORE TRAIL & MARINA MAIN
C.D. BLOCK 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
3rd day of June, 2019 that the merchandise or services hereinafter specified have been received and are approved for payment:
May 16 - 29, 2019
C I T Y O F P A S C O
Council Meeting of:
Accounts Payable Approved
The City Council
Page 9 of 137
AGENDA REPORT
FOR: City Council May 29, 2019
TO: Dave Zabell, City Manager Regular Meeting: 6/3/19
FROM: Stan Strebel, Deputy City Manager
Executive
SUBJECT: Parks & Recreation Advisory Board Appointment
I. REFERENCE(S):
Resolution No. 3388 - Appointments to City Boards and Commissions
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to appoint Bradyn Leyde to Position No. 5 (term expiration 2/2/21)
on the Parks & Recreation Advisory Board.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
The Parks and Recreation Advisory Board is composed of nine members; terms are
three years. The Board meets on the 1st Thursday of every month at 5:30pm.
The Parks and Recreation Advisory Board advises the City Council on recre ation
activities and facilities needed in the community.
V. DISCUSSION:
Interview was conducted at the Workshop meeting of May 28. Mayor Watkins requests
Council's concurrence in his appointment of Bradyn Leyde to the Parks & Recreation
Advisory Board.
Page 10 of 137
RESOLUTION NO. `
A RESOLUTION Providing a Process for Appointments to City Boards and
Commissions.
WHEREAS, the City of Pasco maintains several citizen advisory boards to assist the delivery of
municipal services as well as to advise the City Council in making various policy decisions; and
WHEREAS, the appointment process prescribed by the Pasco Municipal Code requires the Mayor
to appoint citizens to vacancies on such boards, subject to confirmation of the City Council; and
WHEREAS, the Mayor and City Council desire to establish an appointment process which is more
collaborative yet efficient for both the applicants and City Council alike;NOW,THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DOES RESOLVES AS
FOLLOWS:
Section 1: Applications for city boards and commissions shall be solicited annually by the City
Manager on behalf of the City Council.
Section 2: All applications received by the City Manager shall be reviewed by a City Council
committee appointed by the Mayor; such committee, to be known as the "Appointment Screening
Committee," shall be ad-hoc, appointed annually, and consist of three members, including the Mayor. The
Appointment Screening Committee shall select those applicants it deems best suited for the respective
board/commission but not more than three applicants for each vacancy to be filled. The Appointment
Screening Committee shall consider the following factors in making their selections for further
consideration:
a) Geographic representation;
b) Gender representation;
c) Ethnic representation;
d) Familial and financial relationships of board members
Section 3: Those applicants selected by the Appointment Screening Committee shall be
interviewed by the City Council during a public meeting; provided, however, the Screening Committee may
recommend reappointment of an incumbent applicant without interview by the City Council if the incumbent
has •-- • - - -•served not more than two consecutive•
terms since the last interview. At a City Council meeting following such interview, an interviewed candidate
shall be selected by the Mayor for appointment to each vacancy. Any candidate selected by the Mayor shall
be subject to confirmation vote of the City Council; a majority vote of the quorum present at such meeting
shall be required to confirm the Mayor's appointments.
Section 4: Any prior resolutions of the City Council in conflict with the provisions of this
resolution shall be superseded by this resolution.
PAS D by the City Council ity of Pasco at its regular meeting this 16th day of April, 2012.
Matt Watkins, Mayor
T T: f APP'S AS TO FORM:
Debra Clark,City Clerk Leland B. Kerr, City Attorney
Page 11 of 137
AGENDA REPORT
FOR: City Council May 29, 2019
TO: Dave Zabell, City Manager Regular Meeting: 6/3/19
FROM: Stan Strebel, Deputy City Manager
Executive
SUBJECT: Planning Commission Appointments
I. REFERENCE(S):
Resolution No. 3388 - Appointments to City Boards and Commissions
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to appoint Anne Jordan to Position No. 4 (term expiration date
2/2/24), and Jerry Cochran to fill Position No. 5 (term expiration date 2/2/25) to the
Planning Commission.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
The Planning Commission is composed of nine members; terms are for six years. The
Commission meets on the third Thursday of each month at 7:00 pm.
The Planning Commission conducts workshop meetings and public hearings on land-
use policy and development proposals and issues recommendations for the City
Council.
V. DISCUSSION:
Interviews were conducted at the Workshop meeting of May 28.
Mayor Watkins requests Council's concurrence in his appointment of Anne Jordan and
Jerry Cochran to the Planning Commission.
Page 12 of 137
RESOLUTION NO. `
A RESOLUTION Providing a Process for Appointments to City Boards and
Commissions.
WHEREAS, the City of Pasco maintains several citizen advisory boards to assist the delivery of
municipal services as well as to advise the City Council in making various policy decisions; and
WHEREAS, the appointment process prescribed by the Pasco Municipal Code requires the Mayor
to appoint citizens to vacancies on such boards, subject to confirmation of the City Council; and
WHEREAS, the Mayor and City Council desire to establish an appointment process which is more
collaborative yet efficient for both the applicants and City Council alike;NOW,THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DOES RESOLVES AS
FOLLOWS:
Section 1: Applications for city boards and commissions shall be solicited annually by the City
Manager on behalf of the City Council.
Section 2: All applications received by the City Manager shall be reviewed by a City Council
committee appointed by the Mayor; such committee, to be known as the "Appointment Screening
Committee," shall be ad-hoc, appointed annually, and consist of three members, including the Mayor. The
Appointment Screening Committee shall select those applicants it deems best suited for the respective
board/commission but not more than three applicants for each vacancy to be filled. The Appointment
Screening Committee shall consider the following factors in making their selections for further
consideration:
a) Geographic representation;
b) Gender representation;
c) Ethnic representation;
d) Familial and financial relationships of board members
Section 3: Those applicants selected by the Appointment Screening Committee shall be
interviewed by the City Council during a public meeting; provided, however, the Screening Committee may
recommend reappointment of an incumbent applicant without interview by the City Council if the incumbent
has •-- • - - -•served not more than two consecutive•
terms since the last interview. At a City Council meeting following such interview, an interviewed candidate
shall be selected by the Mayor for appointment to each vacancy. Any candidate selected by the Mayor shall
be subject to confirmation vote of the City Council; a majority vote of the quorum present at such meeting
shall be required to confirm the Mayor's appointments.
Section 4: Any prior resolutions of the City Council in conflict with the provisions of this
resolution shall be superseded by this resolution.
PAS D by the City Council ity of Pasco at its regular meeting this 16th day of April, 2012.
Matt Watkins, Mayor
T T: f APP'S AS TO FORM:
Debra Clark,City Clerk Leland B. Kerr, City Attorney
Page 13 of 137
AGENDA REPORT
FOR: City Council May 29, 2019
TO: Dave Zabell, City Manager
Rick White, Community and Economic
Development Director
Regular Meeting: 6/3/19
FROM: Michael Morales, Deputy Director
Community & Economic Development
SUBJECT: Inclusivity Commission Name Change and Extension
I. REFERENCE(S):
Power Point Presentation - 4/22/19
Proposed Resolution
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. _____, amending the name of the
Pasco In Equity and Diversity Inclusion, Commission the to clusivity "Pasco
Commission," and extending the term of the citizen ad hoc commission, through
December 31, 2020 and amending the terms, conditions and requirements of the Pasco
Inclusion, Diversity and Equity Commission.
III. FISCAL IMPACT:
TBD
IV. HISTORY AND FACTS BRIEF:
The Pasco Inclusivity Commission (IC) presented the framework for an 18 month work
plan to the City Council on April 22, 2019. The IC was formed as an ad hoc
commission with a one year sunset in May 2018.
rpositively framework plan work the While was its council, the by eceived
implementation necessitates an extension of the ad hoc term through December 31,
2020.
In addition, the IC has requested a name change to better encompass the nature of its
community engagement work. For this reason, the proposed name change is "Pasco
Diversity, Inclusion, and Equity Commission."
Page 14 of 137
Following Council approval of the extension and name change, the Charter will be
revised, and the following additional items will be presented for consideration in the
coming months:
1. A nominal budget request for expenses to carry out the plan.
2. Recommended liaison assignments to boards and commissions.
3. Specific measurement tools recommended for implementation throughout the
organization.
V. DISCUSSION:
Page 15 of 137
Inclusivity Commission
2019-20 Work Plan
City Council Workshop
April 22, 2019Page 16 of 137
History and Background
Inclusivity Commission established by City Council in 2018.
Seven members appointed May 2018:
Jesse Campos, Chair Jeffery Sellers, Vice-Chair Kyle Saltz
Maria Torres-Mendoza Delia Tobon
Pete Rietke Abraham Regunta
Beginning in August 2018, IC received monthly orientation briefings on city
services and community resources.
December 2018-April 2019: Developed work plan over several strategic
planning sessions.Page 17 of 137
Mission and Vision
“Where Diversity and Equity are goals, Inclusion is the path.”
Mission: A strategic partner to Pasco’s City Council which develops and
promotes inclusive policies and programs.
Vision: Creating, improving, and sustaining an inclusive organization, i.e. the
City of Pasco, which empowers and unifies the people.Page 18 of 137
Goals and Objectives
GOAL #1:
Foster an environment that includes, accepts, respects and appreciates all
members of our community by promoting the city’s commitment to Inclusion,
Diversity and Equity.
OBJECTIVES
A.Create an Inclusivity Commission (IC) youth subcommittee for middle
and high school students.
o Provides opportunity and forum for youth advisement on what their needs and ideas
to improve inclusion, diversity and equity in city government and the Pasco
community.
o TIMELINE: October 2019-September 2020
Page 19 of 137
Goal #1 Objectives Continued
B.Create a portal on the City’s website and Facebook page.
1.Promote commission work products or events, and share
resources that can facilitate the mission.
o TIMELINE: June 2019
C.Have a presence at festivals and events which take place in Pasco.
1.Provide survey instruments and suggestion forum.
2.Impart information on city programs and services
o TIMELINE: MAY 2019, Beginning with Cinco de Mayo Festival Page 20 of 137
Goal #1 Objectives, Cont.
D.Hold IC meetings in the community on a quarterly basis
1.Provides forum outside of city hall to impart the mission and work
plan, and for residents to share experiences and offer suggestions
on inclusion, diversity and equity in Pasco city government.
2.Integrate a different cultural component (food, performance,
presentation) to each meeting.
3.Establish a questionnaire consistent with other city survey
instruments.
4.Solicit feedback about city government and Pasco.
5.Rotate among council districts
o TIMELINE: Begin end of Q3 2019 –September 2020Page 21 of 137
Goals and Objectives
GOAL #2:Help the City of Pasco be more inclusive
OBJECTIVES
A.Improve engagement with the City.
1.Improve accessibility at City Council Meetings.
2.Research reasons for lack of participation and seek suggestions
for improvement.
3.Assure that residency status is not a deterrent to engagement.
4.Provide translators when significant issues emerge.
5.Engage all media to feature effort and increase participation.Page 22 of 137
Goal #2 Objectives
B.Increase city government accessibility
1.Improve educational campaigns.
2.Assign commission liaisons to observe and monitor City boards,
commissions and advisory committees for recommendations to
enhance inclusivity, diversity and equity.
o TIMELINE: September 2019-2020
Page 23 of 137
Goals and Objectives
GOAL #3:Promote unity, equality, understanding, diversity and inclusivity in
city government.
OBJECTIVES
A.Introduce evaluation/assessment tools.
1.Increase accountability of commissions, departments, and
activities.
2.Incorporate into management “performance dashboard” for
consistency with budget and council goals.
o TIMELINE: September 2020
Page 24 of 137
Goal #3 Objectives
B.Introduce annual inclusion audit and score card.
1.Rate inclusivity, diversity and equity of City-sponsored activities,
employment, and contracting.
2.Report to Administration and City Council with results and
recommendations.
o TIMELINE: Begin January 2020
Page 25 of 137
PROPOSED NAME CHANGE
City of Pasco
Inclusion, Diversity and Equity
Commission
Page 26 of 137
QUESTIONS?Page 27 of 137
RESOLUTION NO. _______
A RESOLUTION of the City of Pasco, Washington, declaring the City of Pasco
an Inclusive City, amending the name to the “Pasco Inclusion, Diversity, and Equity Commission,”
extending the term of the citizen ad hoc commission, through December 31, 2020 and amending
the terms, conditions and requirements of the Pasco Inclusion, Diversity and Equity Commission.
WHEREAS, the City of Pasco has historically been the home for diverse cultures within
our region creating its unique character and opportunities, as well as a source of pride for all who
live here; and
WHEREAS, the City Council of the City of Pasco desires to protect and encourage our
diverse culture, as well as to protect the constitutional rights of its citizens, including the right to
be free of discriminatory practices and the fair application of law and to demonstrate that Pasco is
a welcoming and inclusive City, where laws apply equally to all who live here, and where
individuals, families, and businesses are welcome; and
WHEREAS, the City Council of the City of Pasco is honored to serve the entire
community and seeks to provide equal protection to our residents and access to all of the City’s
services to those that live here; and
WHEREAS, Article I, Section I of the Washington Constitution declares that
“governments derive their just powers from the consent of the governed, and are established to
protect and maintain individual rights”; and
WHEREAS, the Washington State Legislature has established the “Washington Law
Against Discrimination which declares the “right to be free from discrimination because of race,
creed, color, national origin, sex, honorably discharged veteran or military status, sexu al
orientation, or the presence of any sensory, mental, or physical disability or the use of a trained
dog guide or service animal by a person with a disability is recognized as and declared to be a civil
right”; and
WHEREAS, the Pasco City Council, by oath, declares to uphold and support the
Constitution and laws of the State of Washington, and hereby reaffirms its support to do so for
equal benefit of all those who live here; and
WHEREAS, the Pasco City Council, to advise it in meeting these goals and
responsibilities, established and created a charter for an ad hoc Inclusivity Commission in May of
2018;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, DOES
RESOLVE AS FOLLOWS:
Section 1. Declaration of City Council. The City of Pasco is hereby declared to be an
Inclusive City, committed to embracing diversity and promoting equality among our work force,
Page 28 of 137
residents, businesses, and visitors, and established the ad hoc Inclusivity Commission in May of
2018.
Section 2. Name change of Pasco Inclusivity Commission. The City Council hereby
amends the Commission name to “Pasco Inclusion, Diversity, and Equity Commission.”
Section 3. Extension of Pasco Inclusion, Diversity, and Equity Commission. The City
Council hereby extends the term of the citizen ad hoc commission, through December 31, 2020.
Section 4. Terms and Conditions for Inclusion, Diversity, and Inclusion Commission. The
Pasco Inclusivity Commission shall consist of seven (7) voting members. The Mayor shall appoint
the members of the commission with confirmation of the appointments by the Pasco City Council
as follows:
1. The Commission Chairperson shall be selected by the City Council who shall
conduct the meetings of the Commission and report to the Pasco City Council as
requested or provided below.
2. A Vice-Chair selected by a majority of the Commission shall fulfill the duties of
the Chairperson in absence of the Chairperson; and
3. In appointing members of the Commission, the City Council will strive to select
such members to represent the general population in age, gender, race, ethnicity,
sexual orientation, and national origin.
4. The term for service shall be through January 31, 2020.
5. The commission members or vacancies shall be filled in accordance with PMC
2.58.010.
6. The majority rule shall control commission meetings with each member having a
single vote.
7. Commission members may not assign or grant proxies for their voting rights.
8. The City Council may appoint a City Councilmember to serve as a non-voting
liaison to the commission. The City Council may direct the City Manager to
appoint a staff advisor who shall serve as a non-voting liaison to the commission.
Section 5. Inclusion, Diversity, and Equity Commission. The requirements of the
commission will be as follows:
1. Meet one time per month at the date and time determined by the Council, or more often as
may be necessary.
Page 29 of 137
2. Develop and implement working plan and procedures in accordance with the Council
adopted Charter.
3. Report to the City Council as progress occurs, however, not less than an annual report to
the City Council.
4. All Commission Meetings shall be open to the public.
5. All Commission members must be residents who have lived within the Pasco City limits
for at least one (1) year, or have a currently licensed business, operating within the City.
6. The Commission will issue special reports at the request of the City Council at any time
during its sitting.
7. The Commission will be an advisory board to the City Council.
Section 6. Goals of Inclusion, Diversity, and Equity Commission. The goals of the Pasco
Inclusivity Commission are as follows:
1. Examine the practices and procedures of the City of Pasco to identify strategies to create a
greater feeling of inclusion and welcoming for all who live and work in Pasco.
2. Engage with Pasco residents, interest groups, and businesses, seeking feedback on their
experiences that can improve life in our community.
3. Identify strategies that help the City to be more inclusive in engaging our residents and
businesses that will better promote unity, equality, and understanding in Pasco.
4. Identify funding strategies to implement these goals.
5. Present recommendations to the Pasco City Council on how to achieve the goals above.
Section 7. Celebration of Diversity. The Commission shall provide the City Council with a
report on opportunities to recognize and celebrate Pasco’s diverse culture.
Section 8. This Commission shall expire on December 31, 2020 unless extended by a majority
vote of the Pasco City Council no less than ninety (90) days prior to the date of expiration. If
so extended, the term shall be extended by such period as determined by the City Council..
Section 9. Effective Date. This Resolution shall be effective upon adoption.
Section 10. Amendments to Charter. City Council further directs the City Manager to amend
the charter for the Commission to reflect the aforementioned changes, to be submitted to the City
Council for adoption within sixty (60) days of the date of the passage of this Resolution.
Page 30 of 137
PASSED by the City Council of the City of Pasco this 3rd day of June, 2019.
CITY OF PASCO
_________________________________
Matt Watkins, Mayor
ATTEST: APPROVED AS TO FORM:
_________________________________ ______________________________
City Clerk Eric Ferguson, City Attorney
Page 31 of 137
AGENDA REPORT
FOR: City Council May 29, 2019
TO: Dave Zabell, City Manager Regular Meeting: 6/3/19
FROM: Stan Strebel, Deputy City Manager
Executive
SUBJECT: Census Day Proclamation
I. REFERENCE(S):
Proclamation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Council to present Proclamation to LoAnn Ayers
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
Page 32 of 137
Proclamation
“Census Proclamation Day”
June 3, 2019
WHEREAS, this document upholds the values of the City of Pasco to fully commit to an
accurate and complete count of people within our City as mandated by the constitution; and
WHEREAS, an accurate and complete count is quintessential in determining the
needs of our community which shape business, our education system, roads, public
transportation, healthcare; and
WHEREAS, an outreach budget will be allocated by the City of Pasco to fund outreach
efforts as part of an investment in our shared prosperity; and
WHEREAS, the 2020 Census will enable our community to come together and meet the
challenges regarding any potential undercount: and
NOW, THEREFORE, BE IT RESOLVED, that the Pasco City Council designates
June 3, 2019 as
“Census Proclamation Day”
AND BE IT FURTHER RESOLVED, that this body enthusiastically endorses
Census Proclamation Day, and encourages our community to engage in outreach
regarding the 2020 Census.
Blanche Barajas, Councilmember, District 1 Ruben Alvarado, Councilmember, District 2
Saul Martinez, Councilmember, District 3 Pete Serrano, Councilmember, District 4
David Milne, Councilmember, District 5 Craig Maloney, Councilmember, District 6
Matt Watkins, Mayor, At-Large Position 7
Page 33 of 137
AGENDA REPORT
FOR: City Council May 30, 2019
TO: Dave Zabell, City Manager Regular Meeting: 6/3/19
FROM: Richa Sigdel, Finance Director
Finance
SUBJECT: General Fund Monthly Report - April 2019
I. REFERENCE(S):
General Fund Report
Contracts/Purchases over $100K and less than $300K
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
N/A
III. FISCAL IMPACT:
N/A
IV. HISTORY AND FACTS BRIEF:
The Finance Department provides a monthly financial update to the City Council on
the General Fund, the City's major fund. The Department provides quarterly reports to
Council for other non-major funds.
Council increased the purchasing authority for the City Manager and requested a report
of all contracts over $100,000 and less than $300,000. All contracts over $300,000
require Council authorization.
V. DISCUSSION:
The General Fund is on track for both revenue and expenses as of April 2019 month-
end. The City received $4.5 million in property taxes in April. Additionally, we are
seeing a trend of higher than expected revenue in gambling taxes. This category is
usually a volatile revenue source, but given the current trend, we expect to exceed
budgeted revenue by $200,000.
Page 34 of 137
While some revenues and expenses might not track with the elapsed time, these
variations can be explained and will not impact the City's budget.
Page 35 of 137
Fund NameFund DescriptionReport MonthApril, 2019Elapsed Time16%2017 Actual 2018 Actual2019-2020 Budget2019-2020 Actual2019-2020 ProjectedVariance% of Biennial BudgetCommentsRevenuesTaxesProperty 7,963,302 8,352,750 21,548,971 4,898,168 21,548,971 0 23% Timing of payment from State.Sales 13,180,233 14,154,008 27,519,809 4,245,597 27,519,809 0 15%Public Safety 1,523,723 1,661,707 3,373,400 490,249 3,373,400 0 15%Utility 9,409,979 9,585,916 19,538,919 3,410,207 19,538,919 0 17%Other 1,252,023 1,299,862 2,437,750 579,148 2,637,750 -200,000 22% Higher than expected revenue from gambling tax.Licenses & Permits 2,177,235 2,640,720 4,459,000 1,063,809 4,459,000 0 24%License expiration cycle impacts this area. Will even out in future with new license model.Intergovernmental 2,130,300 2,294,273 4,737,868 509,161 4,737,868 0 11% Timing of payment from State.Charges Goods & Services 6,932,637 7,385,382 15,417,018 2,529,725 15,417,018 0 16%Fines & Forfeits 788,474 943,321 1,811,200 244,685 1,811,200 0 14%Miscellaneous 657,342 1,731,200 1,195,800 907,758 1,195,800 0 76% Property sale revenue not budgeted.Debt & Transfer In 638,000 232,298 17,705,200 45,868 17,705,200 0 0% Timing of debt proceeds and grant transfers.Total Revenues 46,653,248 50,281,437 119,744,935 18,924,374 119,944,935 -200,000 16%ExpendituresCity Council 111,918 124,533 260,540 36,264 260,540 0 14%Municipal Court 1,458,682 1,504,212 3,228,697 432,227 3,228,697 0 13%City Manager 1,709,640 1,635,045 4,261,136 510,429 4,261,136 0 12%Police 16,497,955 16,565,400 35,524,184 5,021,268 35,524,184 0 14%Fire 7,660,554 7,874,894 15,266,340 2,514,480 15,266,340 0 16%Administrative & Community Services 7,370,500 7,502,803 16,217,814 2,074,387 16,217,814 0 13%Community & Economic Development 1,748,053 1916402 3,878,345 554,709 3,878,345 0 14%Finance 2,196,310 2,270,459 5,105,873 690,357 5,105,873 0 14%Engineering 1,726,983 1,555,552 3,791,421 481,449 3,791,421 0 13%Library 1,445,550 1,375,894 2,905,818 472,472 2,905,818 0 16%Non-Departmental 2,025,292 2,795,354 4,367,755 1,255,840 4,367,755 0 29% Insurance premium payment.Debt & Transfer Out 3,592,619 1,914,455 24,224,750 228,336 24,224,750 0 1% Timing of debt payments.Total Expenditures 47,544,056 47,035,003 119,032,673 14,272,218 119,032,673 0 12%Status - LaborStatus - Non LaborAnticipated Future IssueGeneral FundLargest fund within the City portfolio. Taxes are major revenue sources and Public Safety salaries and benefits are major expenses within this fund.Regular and over-time labor is on track, however, overtime patterns are varies with each department. For e.g., Fire Department expends most of its overtime during fire season. Staff will continue to track overtime patterns, and notify Council if/when any action is needed.City is expected to be on track for non labor expenses. Non-Departmental expenditure, that mainly consist of non labor cost is higher than elapsed time. This is to be expected due to large payment of insurance premium made in the begining of the year. General fund could be expected to subsidize Street fund for large portion of snow removal cost. Street fund receives revenue from General fund, as well as Motor Vehicle Fuel Tax from State to operate. By design, the fund maintains low level of fund balance and will need support to absorb impact of this year's snow event. Staff will notify Council when action is needed. Page 36 of 137
$0$5,000$10,000$15,000$20,000$25,000$30,000$35,000$40,000$45,000$50,000JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DECThousands2019 Cumulative General Fund Revenue & Expenditures2019 Cumulative Revenue2019 Cumulative Expenditures5-Yr Average Rev5-Yr Average ExpPage 37 of 137
Recipient Contract Type DescriptionContract AmountAmendment Contract Total DKS & Associates, Inc. On-Call PSA On-Call Municipal Engineering Services 100,000.00$ 100,000.00$ GeoEngineers On-Call PSA On-Call Environmental Services 100,000.00$ 100,000.00$ HLA Engineering & Land Surveying On-Call PSA On-Call Municipal Engineering Services Agreement No. 19015 100,000.00$ 100,000.00$ Contracts/Purchases Over $100,000 and less than $300,000Page 38 of 137
AGENDA REPORT
FOR: City Council May 28, 2019
TO: Dave Zabell, City Manager Regular Meeting: 6/3/19
FROM: Darcy Bourcier, Planner I
Community & Economic Development
SUBJECT: Easement Vacation: Vacating (7) Easements at Stevens Middle School (MF#
VAC 2019-003)
I. REFERENCE(S):
Proposed Resolution
Overview Map
Exhibit 1
Vacation Petition
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No._____, a resolution setting 7:00 P.M.,
Monday, July 1, 2019 as the time and date to conduct a public hearing to consider
vacating easements at 1023 N 24th Avenue.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
The Pasco School District will be demolishing Stevens Middle School to construct a
newly-designed middle school in its place. Thus, the PSD is seeking the vacate
easements on the property in order to facilitate future development.
The petition requires the City Council to fix a public hearing to consider the vacation
request. The earliest regular City Council meeting available for a public hearing which
provides the statutory 20-day hearing notice is July 1, 2019.
V. DISCUSSION:
Per PMC 12.40 the Council may require compensation for vacated rights-of-way.
Page 39 of 137
However, because this proposal does not concern City rights-of-way, no compensation
is required.
The proposal concerns the vacation of the following:
1. A 5-foot wide private sewer easement described in AF# 403946.
2. A 6-foot wide overhead utility easement shown on the plat of the Morath
Subdivision along the boundary of Lots 5 and 6.
3. A 10-foot wide PUD utility easement shown on the plat of the Morath
Subdivision along the northern boundary of Lots 1 through 7.
4. A 30-foot wide FCID easement described in AF# 115099.
5. A 15-foot wide City water easement described in AF# 410620.
6. A 20-foot wide utility easement shown on the plat of the Hillhaven Addition at
the north 10 feet of Lots 8 through 11 and the south 10 feet of Lots 1 through 4.
7. A 10-foot wide utility easement shown on the plat of the Hillhaven Addition
along the west boundary of Lot 7.
The City Engineering Department has reviewed the proposal and has determined the
vacation of the City-owned water line easement to be non-problematic. Notice for the
vacation of the remaining easements has been dispersed to the PUD and FCID for
comment.
Page 40 of 137
RESOLUTION NO. ______
A RESOLUTION SETTING 7:00 PM, MONDAY, JULY 1, 2019 AS THE TIME AND
DATE TO CONDUCT A PUBLIC HEARING TO CONSIDER VACATING SEVEN
EASEMENTS ON THE STEVENS MIDDLE SCHOOL PROPERTY AT 1023 N 24TH
AVENUE.
WHEREAS, from time to time in response to petitions or in cases where it serves the
general interest of the City, the City Council may vacate easements; and
WHEREAS, a petition for the vacation of seven easements on the Stevens Middle School
property has been submitted to the City; and,
WHEREAS, the vacation process provided in PMC 12.40 requires a title report and an
appraisal of value and compensation unless waived by the City Council; and,
WHEREAS, this vacation proposal does not concern City rights-of-way and therefore
does not require a title report and appraisal of value; and,
WHEREAS, Stevens Middle School will be undergoing demolition in order to allow for
the construction of a newly-designed middle school; and,
WHEREAS, to facilitate development on the property, the Pasco School District is seeking
the vacation of seven easements, all of which are owned by separate agencies; and,
WHEREAS, R.C.W. 35.79 requires public hearings on vacations to be fixed by
Resolution, NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO:
Section 1. Wavier of Requirements: That pursuant to PMC 12.40 the City Council hereby
waives the requirement for an appraisal, title report and payment of compensation for the proposed
easement vacation at 1023 N 24th Ave. as depicted in the attached “Exhibit #1,” and;
Section 2. Notice of Hearing: That a public hearing to consider vacating the following as
depicted in the attached Exhibit #1, will be held before the City Council of the City of Pasco in the
Council Chambers at 525 N Third Avenue, Pasco, Washington, at the hour of 7:00 p.m., on July
1, 2019:
i. A 5-foot wide private sewer easement described in AF# 403946
ii. A 6-foot wide overhead utility easement shown on the plat of the Morath
Subdivision along the boundary of Lots 5 and 6
iii. A 10-foot wide PUD utility easement shown on the plat of the Morath Subdivision
alo ng the northern boundary of Lots 1 through 7
Page 41 of 137
iv. A 30-foot wide FCID easement described in AF# 115099
v. A 15-foot wide City water easement described in AF# 410620
vi. A 20-foot wide utility easement shown on the plat of the Hillhaven Addition at the
north 10 feet of Lots 8 through 11 and the south 10 feet of Lots 1 through 4
vii. A 10-foot wide utility easement shown on the plat of the Hillhaven Addition along
the west boundary of Lot 7
That the City Clerk of the City of Pasco give notice of said public hearing as required by
law.
Passed by the City Council of the City of Pasco this 3rd day of June, 2019.
_____________________________
Matt Watkins
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
City Clerk Kerr Law Group
Page 42 of 137
Item:Vacation of (7)Easements
Applicant:Pasco School District #1.
File #2 3
Overview
Page 43 of 137
Page 44 of 137
Page 45 of 137
5401 Ridgeline Drive, Suite 160, Kennewick, Washington 99338 | 509.222.0959 PHONE
1 knutzenengineering.com
Exhibit A May 20th, 2019
i. The 5 feet wide sewer easement described in the attached document recorded in
Franklin County under Auditor File #403946 and shown on the survey by Stratton
Surveying and Mapping submitted with this document, dated January 2nd, 2018.
ii. The 6 feet wide Overhead Utility easement shown on the attached plat of Morath
Subdivision, along the boundary of lots 5 and 6, and shown on the survey by Stratton
Surveying and Mapping submitted with this document, dated January 2nd, 2018.
iii. The 10 feet wide utility easement shown on the attached plat of Morath Subdivision,
along the northern boundary of lots 1 through 7 and shown on the survey by Stratton
Surveying and Mapping submitted with this document, dated January 2nd,2018.
iv. The 30 feet wide irrigation easement described in the attached document, “Deed Record
No. 68”, recorded in Franklin County under Auditor File #115099, and shown on the
survey by Stratton Surveying and Mapping submitted with this document, dated
January 2nd, 2018.
v. The 15 feet wide water easement described in the attached document, “City Resolution
No. 1430”, recorded in Franklin County under Auditor File #410620, and shown on
the survey by Stratton Surveying and Mapping submitted with this document, dated
January 2nd, 2018.
vi. The 20 wide utility easement on the West half of the Hillhaven Addition, shown on the
attached document “Plat of Hillhaven Addition” in the north 10 feet of lots 8 through
11, and the south 10 feet of lots 1 through 4.
vii. The 10 feet wide utility easement shown on the west boundary of Lot 7 in the attached
document “Plat of Hillhaven Addition”.
Page 46 of 137
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Page 54 of 137
AGENDA REPORT
FOR: City Council May 29, 2019
TO: Dave Zabell, City Manager
Rick White, Director
Community & Economic Development
Regular Meeting: 6/3/19
FROM: Darcy Bourcier, Planner I
Community & Economic Development
SUBJECT: Preliminary Plat: Black Belle Estates (MF# PP2019-001)
I. REFERENCE(S):
Proposed Resolution
Overview map
Vicinity map
Preliminary Plat
Report to Planning Commission Dated: 5/16/2019
Planning Commission Minutes Dated: 4/18/2019 and 5/16/2019
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No.______, approving the Preliminary Plat
for Black Belle Estates.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
On April 18, 2019 the Planning Commission conducted a public hearing to develop a
recommendation for the City Council on the Black Belle Estates preliminary plat. The
proposed site consists of three parcels comprised of approximately 15.3 acres divided
into 33 single-family lots which will be developed in accordance with the RS -12
(Suburban) standards.
Following the hearing, the Planning Commission determined that with conditions, the
preliminary plat should be recommended for approval. The recommended conditions
are contained in the attached Resolution.
Page 55 of 137
In July of 2018 the Planning Commission discussed a proposed 22 - lot preliminary
plat the within systems septic of the use to However, location. this in avoid
incorporated areas — the City recommended and worked with the developer on a
utility extension agreement for extending municipal sewer facilities north from W.
Sylvester Street.
A rezone of the development site from RS-20 to RS-12 was approved by Council on
May 6, 2019.
V. DISCUSSION:
Lots connected to City sewer are permitted at much smaller sizes because they are not
supporting on - site septic systems.
In addition to avoiding the use of septic systems - smaller lots within this plat allows
for a more logical lot layout and accommodates a greater number of residents within
the urban area and City limits.
Staff requests Council concurrence with the Planning Commission's recommendation
of approval.
Page 56 of 137
RESOLUTION NO.______
A RESOLUTION APPROVING A PRELIMINARY PLAT
FOR BLACK BELLE ESTATES.
WHEREAS, RCW 58.17 enables the City to uniformly administer the process of subdividing
property for the overall welfare of the community; and,
WHEREAS, owners and developers of property situated between the 800 and 1100 blocks of
Road 52 and Road 54 in Section 27, Township 9 North, Range 29 East, WM., have requested approval
of a preliminary plat; and,
WHEREAS, the Planning Commission held a public hearing on the proposed Black Belle
Estates plat and developed findings related thereto and said findings are hereby adopted by the City
Council; and,
WHEREAS, following a public hearing, the Planning Commission found the proposed plat
promoted the general welfare of the community and recommended said preliminary plat be approved
with conditions; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO:
That the preliminary plat for Black Belle Estates located in the 800 to 1100 blocks between Road 52
and Road 54 in Section 27, Township 9 North, Range 29 East, WM., is hereby approved with the
following conditions:
1. No utility vaults, pedestals, or other obstructions will be allowed at street intersections.
2. All corner lots and other lots that present difficulties for the placement of yard fencing shall
be identified in the notes on the face of the final plat(s).
3. The final plat(s) shall contain a 10-foot utility easement parallel to all streets unless otherwise
required by the Franklin County PUD.
4. The final plat(s) shall contain the following Franklin County Public Utility District statement:
“The individual or company making improvements on a lot or lots of this Plat is responsible
for providing and installing all trench, conduit, primary vaults, secondary junction boxes, and
backfill for the PUD’s primary and secondary distribution system in accordance with PUD
specifications; said individual or company will make full advance payment of line extension
fees and will provide all necessary utility easements prior to PUD construction and/or
connection of any electrical service to or within the plat.”
5. All work in the right of way must be designed by a professional engineer licensed in the State
of Washington, and are reviewed on a first come first serve basis.
6. Prior to acceptance of final plats developers are required to prepare and submit record
drawings. All record drawings shall be created in accordance with the requirements detailed
in the Record Drawing Requirements and Procedure form provided by the Engineering
Division. This form must be signed by the developer prior to construction plan approval.
Page 57 of 137
7. All utility lines serving the subdivision, including but not limited to power, telephone and
television cables shall be installed underground. Adequate easements shall be provided for
all such utility lines, which will not be located within the right -of-way. All existing non-City
ma intained utility lines must be relocated outside the right of way.
8. The face of the plat shall include this statement: “As a condition of approval of this
preliminary plat the owner has waived the right to protest the formation of a Local
Improvement District for sewer/water/road/sidewalk improvements to the full extent as
permitted by RCW 35.43.182.”
9. Any existing water rights shall be transferred to the City as a condition of approval. If no
water rights are available then the property owner shall pay to the City, in lieu thereof, a water
rights acquisition fee as established in the City Fee Summary Ordinance located in PMC 3.07.
(PMC 26.04.115). These requirements can be complied with during the preliminary plat
process or at Final Plat. If these requirements are fulfilled at final plat the Developer shall
adhere to the water rights policy in place at time of final platting.
Passed by the City Council of the City of Pasco this ______ day of June, 2019.
__________________________
Matt Watkins, Mayor
ATTEST: APPROVED AS TO FORM:
_________________________ _____________________________
City Clerk Kerr Law Group
Page 58 of 137
City of Pasco, IS Division
/Overview
Map
0 850 1,700425Feet
W Court St
Road 52Road 54W Sylvester StRoad 60Road 48Item: Rezone - RS-20 to RS-12 Black Belle Estates
Applicant: J&J Kelly Construction, Inc.
File #: Z2019-003
Page 59 of 137
City of Pasco, IS Division
/
0 360 720180Feet
W Henry St
Road 52Road 54W Margaret StRoad 56Road 50Item: Preliminary Plat - Black Belle Estates
Applicant: J&J Kelly Construction, Inc.
File #: PP2019-001
Vicinity
Map
Page 60 of 137
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REPORT TO PLANNING COMMISSION
PLANNING COMMISSION MEETING
City Hall – 525 North Third Avenue – Council Chambers
THURSDAY, MAY 16, 2019
7:00 PM
1
MASTER FILE #: PP 2019-001
APPLICANT: J&J Kelly Construction, Inc.
1006 Christopher Ln
Pasco WA 99301
REQUEST: PRELIMINARY PLAT: Black Belle Estates (33-Lot Single-Family
Subdivision)
BACKGROUND
1. PROPERTY DESCRIPTION:
Legals:
Lot 1: Short Plat 79-28 Lot 4 Except for future road R/W (APN # 119611082)
Lot 2: Short Plat 79-28 Lot 3 (APN # 119611094)
Lot 3: Portion of the NE Quarter of the SE Quarter of the NE Quarter of Section 27, Township 9
North, Range 29 East, W.M
General Location: Between Roads 52 and 54 south of W Court Street
Property Size: The site consists of three parcels comprising approximately 15.3 acres
2. ACCESS: The property has access from Road 52 and Road 54
3. UTILITIES: Municipal water is available in both Road 52 and Road 54. Municipal sewer is not
available but is planned for the near future.
4. LAND USE AND ZONING: The lots are currently vacant and are zoned RS-20 (Suburban), but are
pending the approval of a rezone to RS-12 (see MF# Z2019-003). Surrounding properties are
zoned and developed as follows:
NORTH: RS-20 New single-family development
EAST: RS-12 SFDUs
SOUTH: RS-20 SFDUs
WEST: RS-20 SFDUs
5. Comprehensive Plan: The Comprehensive Plan indicates the site is intended for low-density
residential development. According to the Comprehensive Plan, low-density residential
development means 2 to 5 dwelling units per acre. The criteria for allocation under the future
land use section of Volume II of the Comprehensive Plan (Vol. II, page 17) encourages
development of lands designated for low-density residential uses when or where sewer is
available; the location is suitable for home sites; and there is a market demand for new home
sites. Policy H-1-E encourages the advancement of home ownership, and Goal H-2 suggests the
City strive to maintain a variety of housing options for residents of the community. Goal LU-2
encourages the maintenance of established neighborhoods and the creation of new
neighborhoods that are safe and enjoyable places to live.
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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 Determination of Non-Significance (DNS) has been issued for this project (WAC
197-11-355).
ANALYSIS
In July of 2018 the Planning Commission discussed a proposed 22-lot preliminary plat by the name of Black
Belle Estates in this location. However, the City suggested that—to avoid the use of septic systems within the
incorporated areas—the City should assist the developer in extending municipal sewer facilities up from W
Sylvester Street. Lots connected to City sewer are permitted at much smaller sizes because they do not
support septic systems. The hearing for the plat was continued numerous times while negotiations occurred
until finally the item was tabled until an agreement could be made.
A rezone of the development site from RS-20 (Suburban) to RS-12 (Suburban) is pending approval by City
Council at the May 6th, 2019 regular Council meeting. Thus, the applicant has submitted a revised preliminary
plat of Black Belle Estates which accommodates the density standards of the RS-12 zoning district. The
previous version of the plat proposed 22 single-family lots—a density of approximately 1.4 dwelling units per
acre. In anticipation of rezone approval, the plat has been reconfigured to include a total of 33 single-family
lots, or 2.2 dwelling units per acre. This density increase will more effectively utilize the acreage available for
development, which will be facilitated by the proposed extension of municipal sewer facilities from W
Sylvester Street.
The plat site was annexed into the City in 2013 and was zoned RS-20. At the time of annexation, the Planning
Commission considered the character of the neighborhood and the lack of sanitary sewer service prior to
recommending RS-20 zoning. Now, the City must take into account the rate at which Pasco is growing in
population and how Pasco will accommodate such rapid growth.
LOT LAYOUT: The proposed plat contains 33 residential lots. The lots vary in size from 12,537 square feet to
38,960 square feet. The average lot size is 16,424 square feet. The proposal is consistent with the density
requirements of the pending RS-12 zoning on the site. The minimum lot size for the RS-12 zone is 12,000
square feet.
RIGHTS-OF-WAY: All lots have frontage on streets which will be dedicated. The east half of Road 54 and the
west half of Road 52 will be finished with this subdivision. Because the proposed plat is zoned RS-12, curb,
gutter, and sidewalk are not required.
UTILITIES: Municipal water is located in Road 52 and Road 54 and will be extended to and through the new
lots to serve the subdivision. Municipal sewer will be extended by the developer to the plat site from W
Sylvester Street with the help of the City.
A utility easement will be needed along the first 10 feet of street frontage of all lots. The final location and
width of the easements will be determined during the engineering design phase. The front yard setbacks for
construction purposes are larger than the requested easements; therefore, the front yard easements will not
diminish the buildable area of the lots.
The City Engineer will determine the specific placement of fire hydrants and streetlights when construction
plans are submitted. As a general rule, fire hydrants are located at street intersections and with a maximum
interval of 500 feet between hydrants on alternating sides of the street. Streetlights are located at street
intersections, with a maximum interval of less than 300 feet on residential streets, and with a maximum
interval of 150 feet on arterial streets. The intervals for street light placements are measure along the
centerline of the road. Street lights are placed on alternating sides of the street.
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IRRIGATION: The property is within the FCID service area.
WATER RIGHTS: The assignment of water rights is a requirement for subdivision approval per Pasco
Municipal Code Section 26.04.115(B) and Section 3.07.160. If no water rights are available to transfer to the
City the property owner/developer must pay a water right fee in lieu thereof.
STAFF FINDINGS OF FACT
State law (RCW 58.17.010) and the Pasco Municipal Code require the Planning Commission to develop
Findings of Fact as to how this proposed subdivision will protect and enhance the health, safety, and general
welfare of the community. The following is a listing of proposed "Findings of Fact”:
Prevent Overcrowding: Density requirements of the RS-12 zone are designed to address overcrowding
concerns. The Comprehensive Plan suggests the property in question be developed with 2 to 5 dwelling units
per acre. The proposed plat has a density of approximately 2.2 units per acre. No more than 40 percent of
each lot is permitted to be covered with structures per the RS-12 standards.
Parks Open Space/Schools: Wade Park is approximately 1,000 feet south of the plat area. Park impact fees
will be collected at the time of permitting to be used for park development.
The City is required by RCW 58.17.110 to make a finding that adequate provisions are being made to
ameliorate the impacts of the proposed subdivision on the School District. At the request of the School
District the City enacted a school impact fee in 2012. The imposition of this impact fee addresses the
requirement to ensure there are adequate provisions for schools. A school impact fee in the amount of
$4,700 will be charged for each new dwelling unit at the time of building permit issuance.
Effective Land Use/Orderly Development: The plat is laid out for single-family development as identified in
the Comprehensive Plan. The maximum density permitted under the Comprehensive Plan is 5 dwelling units
per acre. The developer is proposing a density of 2.2 units per acre.
Safe Travel & Walking Conditions: The plat will connect to the community through the existing network of
streets. Sidewalks are not required in the RS-12 zone but may be installed and constructed to current City
standards and to the standards of the American’s with Disabilities Act (ADA).
Adequate Provision of Municipal Services: All lots within the plat will be provided with water, sewer, and
other utilities.
Provision of Housing for State Residents: This Preliminary Plat contains 33 residential building lots, providing
an opportunity for the construction of 31 new dwelling units in Pasco.
Adequate Air and Light: The maximum lot coverage limitations, building height restrictions, and building
setbacks will assure that adequate movement of air and light is available to each lot.
Proper Access & Travel: The plat will be developed to City standards to assure proper access is maintained
to each lot. Connections to the community will be provided by Road 52 and Road 54. The preliminary plat
was submitted to the Transit Authority for review (The discussion under “Safe Travel” above applies to this
section also).
Comprehensive Plan Policies & Maps: The Comprehensive Plan designates the plat site for low-density
residential development. Policies of the Comprehensive Plan encourage the advancement of home
ownership and suggest the City strive to maintain a variety of housing for residents.
Other Findings:
• The site is within the Pasco Urban Growth Boundary.
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• The State Growth Management Act requires urban growth and urban densities to occur within the Urban
Growth Boundaries.
• The site is relatively flat.
• The site currently contains three houses. One, which is old and vacant, will be removed prior to plat
development.
• The site is not considered a critical area, a mineral resource area or a wetland.
• The Comprehensive Plan identifies the site for low-density residential development.
• Low-density residential development is described in the Comprehensive Plan as 2 to 5 dwelling units per
acre.
• The site is zoned RS-20 (Suburban), but is pending a rezone to RS-12 (Suburban).
• The minimum lot area in the RS-12 zone is 12,000 square feet.
• The developer is proposing 2.2 dwelling units per acre.
• The site currently does not have access to sewer; however, municipal sewer facilities will be extended
from W Sylvester Street at the time of development.
• The site’s low density residential designation permits the following zones: RS-20, RS-12, RS-1, and R-1.
• The Housing Element of the Comprehensive Plan encourages the advancement of programs that promote
home ownership and development of a variety of residential densities and housing types.
• The Transportation Element of the Comprehensive Plan encourages the interconnection of neighborhood
streets to provide for the disbursement of traffic.
• The interconnection of neighborhood streets is necessary for utility connections (looping) and the
provision of emergency services.
• Per the ITE Trip Generation Manual 8th Edition, the proposed subdivision, when fully developed, will
generate approximately 323.68 vehicle trips per day.
• The current traffic impact fee is $709 per dwelling unit. The impact fees are collected at the time permits
are issued and said fees are used to make traffic improvements in the I-182 Corridor when warranted.
• The current park impact fee is $1,466 per dwelling unit.
• RCW 58.17.110 requires the City to make a finding that adequate provisions have been made for schools
before any preliminary plat is approved.
• The City of Pasco has adopted a school impact fee ordinance compelling new housing developments to
provide the School District with mitigation fees. The fee was effective April 16, 2012.
• Past correspondence from the Pasco School District indicates impact fees address the requirement to
ensure adequate provisions are made for schools.
• Plat improvements within the City of Pasco are required to comply with the 2015 Standard Drawings and
Specification as approved by the City Engineer. These improvements include but are not limited to water,
sewer and irrigation lines, streets, street lights and storm water retention. The handicapped-accessible
pedestrian ramps are completed with the street and curb improvements prior to final plat approval.
Sidewalks are installed at the time permits are issued for new houses, except sidewalks along major
streets, which are installed with the street improvements.
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• The assignment of water rights is a requirement for subdivision approval per Pasco Municipal Code
Section 26.04.115(B) and Section 3.07.160.
• The developer is responsible for all costs associated with construction, inspection, and plan review
service expenses incurred by the City Engineering Office.
• The City has nuisance regulations (PMC 9.60) that require property owners (including developers) to
maintain their properties in a manner that does not injure, annoy, or endanger the comfort and repose
of other property owners. This includes controlling dust, weeds and litter during times of construction
for both subdivisions and buildings including houses.
CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT
Before recommending approval or denial of the proposed Plat the Planning Commission must develop
findings of fact from which to draw its conclusion (P.M.C. 26.24.070) therefrom as to whether or not:
(1) Adequate provisions are made for the public health, safety and general welfare and for open spaces,
drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds,
transit stops, schools and school grounds, sidewalks for safe walking conditions for students and other
public needs;
The proposed plat will be required to develop under the standards of the Pasco Municipal Code and the
standard specifications of the City Engineering Division. These standards for streets, sidewalks, and other
infrastructure improvements were designed to ensure the public health, safety, and general welfare of the
community. These standards include provisions for streets, drainage, water and sewer service and the
provision for dedication of right-of-way. The preliminary plat was forwarded to the PUD, the Pasco School
District, Cascade Gas, Charter Cable, Franklin County Irrigation District, and Ben-Franklin Transit Authority for
review and comment.
Based on the School District’s Capital Facilities Plan the City collects school mitigation fees for each new
dwelling unit. The fee is paid at the time of building permit issuance. The school impact fee addresses the
requirements of RCW 58.17.110. All new developments participate in establishing parks through the payment
of park fees at the time of permitting.
(2) The proposed subdivision contributes to the orderly development and land use patterns in the area;
The proposed plat is an infill development. It is designed to make the most efficient use of a vacant parcel of
land per the designated zoning.
(3) The proposed subdivision conforms to the policies, maps, and narrative text of the Comprehensive Plan;
The Comprehensive Plan land use map designates the site for low-density residential development, which is
described as 2 to 5 dwelling units per acre. The plat indicates the density to be 2.2 units per acre, which is
within the density range established by the Comprehensive Plan. The Housing Element of the Plan encourages
the promotion of a variety of residential densities and suggests the community should support the
advancement of programs encouraging home ownership. The Plan also encourages the interconnection of
local streets for inter-neighborhood travel for public safety as well as providing for traffic disbursement.
(4) The proposed subdivision conforms to the general purposes of any applicable policies or plans which
have been adopted by the City Council;
Development plans and policies have been adopted by the City Council in the form of the Comprehensive
Plan. The proposed subdivision conforms to the policies, maps, and narrative text of the Plan as noted in
number three above.
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(5) The proposed subdivision conforms to the general purposes of the subdivision regulations.
The general purposes of the subdivision regulations have been enumerated and discussed in the staff analysis
and Findings of Fact. The Findings of Fact indicate the subdivision is in conformance with the general purposes
of the subdivision regulations provided certain mitigation measures (i.e., school impact fees are paid).
(6) The public use and interest will be served by approval of the proposed subdivision.
The proposed plat, if approved, will be developed in accordance with all City standards designed to ensure
the health, safety and general welfare of the community are met. The Comprehensive Plan will be
implemented through development of this plat. These factors will ensure the public use and interest are
served.
PLAT APPROVAL CONDITIONS
1. No utility vaults, pedestals, or other obstructions will be allowed at street intersections.
2. All corner lots and other lots that present difficulties for the placement of yard fencing shall be
identified in the notes on the face of the final plat(s).
3. The final plat(s) shall contain a 10-foot utility easement parallel to all streets unless otherwise
required by the Franklin County PUD.
4. The final plat(s) shall contain the following Franklin County Public Utility District statement: “The
individual or company making improvements on a lot or lots of this Plat is responsible for providing
and installing all trench, conduit, primary vaults, secondary junction boxes, and backfill for the
PUD’s primary and secondary distribution system in accordance with PUD specifications; said
individual or company will make full advance payment of line extension fees and will provide all
necessary utility easements prior to PUD construction and/or connection of any electrical service to
or within the plat.”
5. All development activities are subject to the concurrency development standards established in
PMC 12.36.
6. All right of way improvements and extensions of City maintained utilities shall conform to the
standard specifications of the City of Pasco in place at time of development.
7. All work in the right of way must be designed by a professional engineer licensed in the State of
Washington, and are reviewed on a first come first serve basis.
8. Prior to acceptance of final plats developers are required to prepare and submit record drawings.
All record drawings shall be created in accordance with the requirements detailed in the Record
Drawing Requirements and Procedure form provided by the Engineering Division. This form must
be signed by the developer prior to construction plan approval.
9. All utility lines serving the subdivision, including but not limited to power, telephone and television
cables shall be installed underground. Adequate easements shall be provided for all such utility
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lines, which will not be located within the right-of-way. All existing non-City maintained utility lines
must be relocated outside the right of way.
10. The face of the plat shall include this statement: “As a condition of approval of this preliminary plat
the owner has waived the right to protest the formation of a Local Improvement District for
sewer/water/road/sidewalk improvements to the full extent as permitted by RCW 35.43.182.”
11. Any existing water rights shall be transferred to the City as a condition of approval. If no water
rights are available then the property owner shall pay to the City, in lieu thereof, a water rights
acquisition fee as established in the City Fee Summary Ordinance located in PMC 3.07. (PMC
26.04.115). These requirements can be complied with during the preliminary plat process or at
Final Plat. If these requirements are fulfilled at final plat the Developer shall adhere to the water
rights policy in place at time of final platting.
12. Approval of this plat is dependent upon the approval of the pending rezone of the site from RS-20
to RS-12 (MF# Z2019-003).
RECOMMENDATION
MOTION: I move to adopt Findings of Fact and Conclusions therefrom as contained in the May 16,
2019 staff report.
MOTION: I move based on the Findings of Fact and Conclusions, as adopted, the Planning
Commission recommend the City Council approve the Preliminary Plat for Black Belle
Estates with conditions as listed in the May 16, 2019 staff report.
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City of Pasco, IS Division
/Overview
Map
0 850 1,700425Feet
W Court St
Road 52Road 54W Sylvester StRoad 60Road 48Item: Rezone - RS-20 to RS-12 Black Belle Estates
Applicant: J&J Kelly Construction, Inc.
File #: Z2019-003
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City of Pasco, IS Division
/
0 360 720180Feet
W Henry St
Road 52Road 54W Margaret StRoad 56Road 50Item: Preliminary Plat - Black Belle Estates
Applicant: J&J Kelly Construction, Inc.
File #: PP2019-001
Vicinity
Map
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/Land Use
Map
0 360 720180Feet
W Henry St
Road 52Road 54W Margaret StRoad 56Road 50Item: Rezone - RS-20 to RS-12 Black Belle Estates
Applicant: J&J Kelly Construction, Inc.
File #: Z2019-003
SFDUs
SFDUs
Agriculture
SFDUs
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/Zoning
Map
0 360 720180Feet
W Henry St
Road 52Road 54W Margaret StRoad 56Road 50Item: Rezone - RS-20 to RS-12 Black Belle Estates
Applicant: J&J Kelly Construction, Inc.
File #: Z2019-003
RS-12
RS-20
County
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Looking North
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Looking East
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Looking South
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Looking West
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MINUTES
PLANNING COMMISSION MEETING
City Hall – 525 North Third Avenue – Council Chambers
THURSDAY, APRIL 18, 2019
7:00 PM
Planning Commission Minutes Page 1 April 18, 2019
PUBLIC HEARINGS:
A. Preliminary Plat Preliminary Plat, Black Belle Estates (33 lots) (J&J Kelly
Construction) (MF# PP 2019-001)
Chairperson Myhrum read the master file number and asked for comments from staff.
Darcy Bourcier, Planner I, discussed the preliminary plat application for Black Belle Estates (33 lots). The
proposed rezone of the site from RS-20 to RS-12 must first be approved by City Council prior to plat approval
at the given density. The applicant has been working with an engineering firm on sewer designs and plans
should be complete within a month. Ms. Bourcier addressed concerns voiced at the previous meeting and
in a letter that was received by staff.
Commissioner Bowers discussed traffic concerns voiced by a nearby resident.
Ms. Bourcier responded that the roads will be evaluated for concurrency and if they are not up to standards
then improvements will be required to support increased traffic.
Rick White, Community & Economic Development Director, provided further information on traffic estimates
and discussed road connections with former County properties that get annexed into the City.
Commissioner Bowers addressed density concerns and stated that the City must accommodate the needs of
the growing population.
Commissioner J. Campos added that the more property available to develop, the better the chances of aiding
the affordability of homes.
There were no further questions or comments.
Commissioner J. Campos moved, seconded by Commissioner Mendez to close the public hearing on the
proposed preliminary plat and set May 16, 2019 as the date for deliberations and the development of a
recommendation for the City Council. The motion passed unanimously.
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MINUTES
PLANNING COMMISSION MEETING
City Hall – 525 North Third Avenue – Council Chambers
THURSDAY, MAY 16, 2019
7:00 PM
Planning Commission Minutes Page 1 May 16, 2019
OLD BUSINESS:
A. Preliminary Plat Preliminary Plat, Black Belle Estates (33 lots) (J&J Kelly
Construction) (MF# PP 2019-001)
Chairperson Roach read the master file number and asked for comments from staff.
Darcy Bourcier, Planner I, discussed the preliminary plat application for Black Belle Estates (33 lots). There
were no further questions or comments.
Commissioner Bowers moved, seconded by Commissioner Bykonen, to adopt findings of fact and conclusions
therefrom as contained in the May 16, 2019 staff report. The motion passed unanimously.
Commissioner Bowers moved, seconded by Commissioner Bykonen, based on the findings of fact and
conclusions, as adopted, the Planning Commission recommend the City Council approve the Preliminary Plat
for Black Belle Estates with conditions as listed in the May 16, 2019 staff report. The motion passed
unanimously.
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AGENDA REPORT
FOR: City Council May 30, 2019
TO: Dave Zabell, City Manager
Rick White, Director
Community & Economic Development
Regular Meeting: 6/3/19
FROM: Jeff Adams, Associate Planner
Community & Economic Development
SUBJECT: Rezone: One Parcel from C-1 to C-3 (MF# Z 2019-004)
I. REFERENCE(S):
Proposed Ordinance
Report to Planning Commission Dated: 05/16/2019
Planning Commission Minutes Dated: 04/18/2019 and 05/16/19
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to adopt Ordinance No. _____, rezoning a parcel at the northwest
corner of Chapel Hill Boulevard and Road 84 from C-1 (Retail Business) to C-3
(General Business) with restrictions as contained in the concomitant agreement, and
further, authorize publication by summary only.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
On April 18, 2019 the Planning Commission held a public hearing to consider a request
to rezone a parcel from C-1 to C-3 at Chapel Hill Boulevard and Road 84.
Following the conduct of a public hearing, the Planning Commission reasoned it would
be appropriate to rezone the property to C-3 and is recommending approval of the
requested rezone with restrictions as contained in the Concomitant Agreement.
V. DISCUSSION:
A concomitant agreement is a form of land use control by which communities
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condition development by applying property-specific provisions at the time of
rezoning. Development provisions within the agreement are applied to the property
until the concomitant is amended or repealed. The ability to apply, amend, or repeal a
concomitant agreement lies with the City Council.
The attached Concomitant Agreement limits the uses to those found in the C -1 zoning
district with the addition of microbreweries; limits wholesale business and warehouse
uses to those with I-182 compatible retail storefronts; requires business/delivery
vehicles to be stored inside the building or off-site; and limits warehouse uses to
recreational/indoor sports uses.
A Concomitant Agreement is considered necessary for this application due to the
residentially zoned property to the south and east and to ensure compatibility with
existing zoning in the vicinity.
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON REZONING ONE
PARCEL ALONG CHAPEL HILL BOULEVARD FROM C-1 (RETAIL BUSINESS) TO C-3
(GENERAL BUSINESS) WITH RESTRICTIONS AS CONTAINED IN THE
CONCOMITANT AGREEMENT.
WHEREAS, a complete and adequate petition for change of zoning classification has
been received and an open record hearing having been conducted by the Pasco Planning
Commission upon such petition; and,
WHEREAS, that the effect of the requested change in zoning classification shall not
be materially detrimental to the immediate vicinity; and,
WHEREAS, based upon substantial evidence and demonstration of the Petitioner,
that: (A) the requested change for the zoning classification is consistent with the adopted
Comprehensive Plan; (B) the requested change in zoning classification is consistent with or
promotes the goals and objectives of the Comprehensive Plan serving the general public interest
in the community; and (C) there has been a change in the neighborhood or community needs or
circumstances warranting the requested change of the zoning classification; and (D) the Planning
Commission developed findings which are hereby adopted by the City Council; NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO
ORDAIN AS FOLLOWS:
Section 1. That the Zoning Ordinance for the City of Pasco, Washington, and the
Zoning Map, accompanying and being part of said Ordinance shall be and hereby is changed from
C-1 (Retail Business) to C-3 (General Business) for the real property as shown in the Exhibit
“1” attached hereto and described as follows:
Loviisa Farms II Phase 6 Tract “A” (APN #118010147)
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 _____ day of
________________, 2019.
Matt Watkins, Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk Kerr Ferguson Law Group
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CONCOMITANT ZONING AGREEMENT
WHEREAS, the City of Pasco, Washington, a non-charter code city, under the laws
of the State of Washington (Chapter 35A.63 R.C.W. and Article 11, Section 11 of the
Washington State Constitution) has authority to enact laws and enter into agreements to
promote the health, safety and welfare of its citizens, and thereby control the use and
development of property within its jurisdiction; and
WHEREAS, the Owner(s) of certain property have applied for a rezone of such
property described below within the City's jurisdiction; and
WHEREAS, the City pursuant to R.C.W. 43.12(c), the State Environmental Policy
Act, should mitigate any adverse impacts which might result because of the proposed rezone;
and
WHEREAS, the City of Pasco and the Owner(s) are both interested in compliance
with the Pasco Municipal Code provisions relating to the use and development of property
situated in the City of Pasco, described as follows:
Loviisa Farms II Phase 6 Tract “A” (APN #118010147)
WHEREAS, the Owner(s) have indicated willingness to cooperate with the City of
Pasco, its Planning Commission and Planning Department to ensure compliance with the Pasco
Zoning Code, and all other local, state and federal laws relating to the use and development of
the above described property; and
WHEREAS, the City, in addition to civil and criminal sanctions available by law,
desires to enforce the rights and interests of the public by this concomitant agreement, NOW,
THEREFORE,
In the event the above-described property is rezoned by the City of Pasco to C-3
(General Business) and in consideration of that event should it occur, and subject to the terms
and conditions hereinafter stated, the applicant does hereby covenant and agree as follows:
1. The Owner(s) promise to comply with all of the terms of the agreement in the event the
City, as full consideration herein grants a rezone on the above-described property.
2. The Owner(s) agrees to perform the terms set forth in Section 4 of this agreement.
3. This agreement shall be binding on their heirs, assigns, grantees or successors in
interest of the Owner(s) of the property herein described.
4. Conditions: The following design standards are required:
1. Uses shall be restricted to the following:
a. All uses allowed in the “O”, C-1, and C-2 Zoning district
b. Retail/wholesale Business uses with I-182-compatible retail
storefronts intended for small-scale retail/wholesale sales and
distribution, including
i. Microbreweries; and
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ii. Warehouse uses limited to recreational/indoor sports
uses;
2. Any and all future improvements shall comply with the development
regulations as contained in PMC 25.130 “I-182 Corridor Overlay District.”
3. Any and all business vehicles shall be stored inside building or off-site.
4. Single user not to exceed 10,500 sf.
5. Under no conditions will lay down yard, fenced storage or any type of
exterior/open air storage be allowed.
The person(s) whose names are subscribed herein do hereby certify that they are the
sole holders of fee simple interest in the above-described property:
Owner:______________________________________
Owner:______________________________________
STATE OF WASHINGTON)
) ss.
County of Franklin )
On this _____ day of ________________, 2019, before me, the
undersigned, duly commissioned and sworn, personally appeared
___________________________________________________________ to
me known to be the individual(s) described above and who executed the within
and foregoing instrument as an agent of the owner(s) of record, and
acknowledged to me that he/she/they signed the same as his/her/their free and
voluntary act and deed, for the uses and purposes therein mentioned, and on
oath stated that he/she/they is/are authorized to execute the said instrument.
GIVEN under by hand and official seal this _____ day of
_________________, 2019.
_________________________________
Notary Public in and for the State
of Washington, residing at ________________.
* * * *
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PLANNING COMMISSION MEETING
City Hall – 525 North Third Avenue – Council Chambers
DATE: THURSDAY, May 16, 2019
7:00 PM
1
MASTER FILE #: Z 2019‐004
APPLICANT: YESMAR Properties Inc.
PO Box 2384
Pasco WA 99302
REQUEST: REZONE: Rezone 1 parcel from C‐1 (Retail Business) to C‐3
(General Business)
BACKGROUND
1. PROPERTY DESCRIPTION:
Legal: Loviisa Farms II Phase 6 Tract “A” (APN #118010147)
General Location: 8425 Chapel Hill Boulevard; Northwest Corner of Road 84 and Chapel Hill
Boulevard
Property Size: The site consists of three parcels comprising approximately 3.13 acres.
2. ACCESS: The parcel has access from Chapel Hill Boulevard.
3. UTILITIES: Both water and sewer are available off of Chapel Hill Boulevard; Irrigation is located
along the full length of the north property line.
4. LAND USE AND ZONING: The lots are currently vacant and are zoned RT (Residential Transition).
Surrounding properties are zoned and developed as follows:
NORTH: C‐1 RV Park
EAST: R‐3 Vacant
SOUTH: R‐1 SFDUs
WEST: R‐1 SFDUs
5. Comprehensive Plan: Under the current Comprehensive Plan land use designations of
“Commercial” the property may be zoned "O," BP, C‐1, C‐2, C‐3, or CR. The Commercial
designation is described as including “Neighborhood, community and regional shopping and
specialty centers, business parks, service and office uses.”
Comprehensive Plan Land Use goals and policies include the following:
LU‐1. Goal: take deliberate, consistent, and continuous actions to improve the community’s
quality of life and achieve the vision.
LU‐1‐C Policy: Encourage cluster commercial development and discourage strip
commercial development.
Lu‐4. Goal: encourage high quality community and regional shopping facilities and commercial
and industrial development.
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LU‐4‐A Policy: Locate commercial facilities at major street intersections to avoid
commercial sprawl and avoid disruptions of residential neighborhoods, and leverage
major infrastructure availability.
LU‐4‐B Policy: Plan for major commercial centers which promote functional and
economical marketing and operations and produce sustainable clusters of shopping and
services.
LU‐3‐C Policy: Maintain and apply design standards and guidelines that will result in
attractive and efficient centers.
Similarly, Comprehensive Plan Economic Development goals and policies include the following:
Ed‐2. Goal: assure appropriate location and design of commercial and industrial facilities.
ED‐2‐B Policy: Encourage development of a wide range of commercial and industrial uses
strategically located to support local and regional needs.
Ed‐3. Goal: maintain development standards and design guidelines to ensure that commercial and
industrial developments are good neighbors.
ED‐3‐A Policy: Enhance compatibility of commercial and industrial development with
residential and mixed use neighborhoods through the use of landscaping, screening, and
superior building design standards and guidelines.
ED‐3‐B Policy: Avoid excessive outdoor illumination and ostentatious identification of
business activities.
ED‐3‐C Policy: Provide sufficient, accessible, and attractive off‐street parking facilities.
ED‐3‐D Policy: Require existing commercial and industrial facilities to conform to city
design and site amenity standards, when expansion and/or new facilities are proposed.
ED‐3‐E Policy: Use sufficient landscaping and appropriate screening as well as other
methods to buffer less intensive uses from utilitarian parts of commercial and industrial
facilities.
6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. An
environmental determination will be made after the public hearing for this project. A
Determination of Non‐Significance or Mitigated Determination of Non‐Significance is likely for this
application (WAC 197‐11‐355).
ANALYSIS
Applicant is seeking to rezone 8425 Chapel Hill Boulevard (the property located at the northwest corner
of Chapel Hill Boulevard and Road 84) from C‐1 (Retail Business) to C‐3 (General Business), in anticipation
of locating a microbrewery on the site.
As per Pasco Municipal Code (PMC) 25.44.020(27) Micro‐Breweries, producing under 60,000 barrels
annually, are only explicitly allowed in the C‐2 zoning district. Because they are allowed in the C‐2 zoning
district they would also be allowed in the C‐3 zone and in any of the Industrial zones of the city under PMC
25.52.020(9) “bottling” and (11) “Food Products.” C‐3 zoning is one of the possible zoning designations
consistent with the Comprehensive Plan for the property.
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The site was annexed into the City in August 16, 1982 (Ordinance 2388), and subsequently platted in 2005
as “Tract A” of the Loviisa Farms II Phase 6 subdivision. The site now contains two commercial shop
buildings. Surrounding properties have been developed as follows: The Sandy Heights Recreational
Vehicle park to the north; Vacant land to the east which was rezoned to R‐3 in 2014 as a part of the DNR
land sale (lands just south of this parcel are zoned R‐1 and are in process of single‐family development);
and the Loviisa Farms residential subdivision to the south and east, platted between 2003 and 2005 and
fully developed with single‐family homes.
The Comprehensive Plan designates the property Commercial, which allows for "O," BP, C‐1, C‐2, C‐3, or
CR zoning. The Commercial designation is described as including “Neighborhood, community and regional
shopping and specialty centers, business parks, service and office uses.”
Applicant has suggested the following uses on the site:
All Uses in “O”
All Uses in C‐1
All Uses in C‐2”, except for:
• Grocery Store
• Theaters
• Parking Lots
• Dwelling Units
Only the following uses in “C‐3”:
• Laundry
• Wholesale Business
• Warehouse
Applicant has also suggested Language for a concomitant Agreement as follows:
‐ Wholesale Business uses allowed in the agreement are intended for small scale wholesale sales
and distribution. Typical users will likely sell both perishable and non‐perishable goods and distribution
would be from box delivery trucks or smaller vehicles.
‐ Warehouse uses allowed in the agreement are intended for small to medium scale commercial
storage needs. Likely to be with racking. Other warehouse type uses would be for, but not limited to
recreational/indoor sports usage which require open space and high ceilings; contractor or sub‐
contractor use for equipment, supply and inventory storage. Single user not to exceed 10,500 sf.
‐ Under no conditions will lay down yard, fenced storage or any type of exterior/open air storage
be allowed.
Staff recommends approval of all uses allowed in the “O”, C‐1 and C‐2 zoning districts (most of which are
already allowed in the C‐1 zoning district), but does not recommend outright approval of all wholesale
business and warehouse uses.
Staff recommends limiting wholesale business and warehouse uses to those with I‐182 compatible retail
storefront and intended for small scale wholesale/retail sales and distribution. Typical users will likely
sell both perishable and non‐perishable goods on site and distribution would be from box delivery trucks
or smaller vehicles to be stored inside building or off‐site. Warehouse uses would be limited to
recreational/indoor sports usage which require open space and high ceilings.
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Rezone Criteria
The initial review criteria for considering a rezone application are explained in PMC. 25.88.030. The criteria
are listed below as follows:
1. The date the existing zone became effective:
The current zoning classification was changed from RT (Residential Transition) to C‐1 (Retail Business)
became effective on November 3, 2003 (Ordinance 3633).
2. The changed conditions, which are alleged to warrant other or additional zoning:
The site itself has been recently developed with two commercial retail shops. The area to the east of the
site is being built out with single‐family dwellings; Chapel Hill Boulevard is in the process of being extended
from Road 84 to connect up with Road 68 to the east. A potential client wishes to locate a microbrewery
at the site.
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 allows for "O," BP, C‐1, C‐
2, C‐3, or CR zoning.
4. The effect it will have on the value and character of the adjacent property and the Comprehensive
Plan:
A change in zoning classification may ultimately result in the establishment of a microbrewery at the
location. The Comprehensive Plan allows for "O," BP, C‐1, C‐2, C‐3, or CR zoning at the site. The character
of the surrounding properties is mostly residential, with access to Chapel Hill Boulevard, an arterial street.
5. The effect on the property owner or owners if the request is not granted:
If the property is not rezoned to C‐3 it will continue to be limited by the constraints of the C‐1 zoning
designation, which currently allows for the following: all uses permitted in the ‘O’ Office district;
automobile detail shops and automobile rental or leasing; banks; dancing schools; hotels and motels;
printing shops; restaurants; stores and shops for the conduct of retail business; stores and shops for repair
and similar services such as bakeries, retail for distribution from the premises, barbershops and beauty
shops, catering establishments, garage and filling stations, laundromats and dry‐cleaning establishments,
locksmith shops, offices, membership clubs, photo shops, shoe repair shops; upholstery shops, sign shops;
theaters; and veterinarian clinics for household pets.
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. Applicant is seeking to rezone 8425 Chapel Hill Boulevard from C‐1 to C‐3
2. The Comprehensive Plan designates the property Commercial
3. Comprehensive Plan “Commercial” allows for "O," BP, C‐1, C‐2, C‐3, or CR zoning.
4. The Commercial designation is described as including “Neighborhood, community and regional
shopping and specialty centers, business parks, service and office uses.”
5. The purpose of the rezone is for the location of a microbrewery on site.
6. Pasco Municipal Code (PMC) 25.44.020(27) allows Micro‐Breweries, producing under 60,000
barrels annually in the C‐2 zoning district.
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7. Because microbreweries are allowed in the C‐2 zoning district they would also be allowed in the
C‐3 zone and in any of the Industrial zones of the city
8. C‐3 zoning is one of the possible zoning designations consistent with the Comprehensive Plan for
the property.
9. The site was annexed into the City in August 16, 1982 (Ordinance 2388).
10. The site was platted in 2005 as “Tract A” of the Loviisa Farms II Phase 6 subdivision.
11. The site has been developed with two commercial shop buildings.
12. Surrounding properties have been developed as follows:
a. The Sandy Heights Recreational Vehicle park to the north;
b. Vacant land to the east which was rezoned to R‐3 in 2014 as a part of the Department of
Natural Resources (DNR) land sale
c. Lands just south of this parcel are zoned R‐1 and are in process of single‐family
development); and
d. the Loviisa Farms residential subdivision to the south and east, platted between 2003 and
2005 and fully developed with single‐family homes.
13. Chapel Hill Boulevard is in the process of being extended from Road 84 to connect up with Road
68 to the east.
A concomitant agreement would be required.
TENTATIVE CONCLUSIONS BASED ON INITIAL 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.
Under the current Comprehensive Plan land use designations of “Commercial” the property may be zoned
"O," BP, C‐1, C‐2, C‐3, or CR. The Comprehensive Plan also requires the City to take adjacent uses into
consideration when deciding zoning. The Commercial designation is described as including
“Neighborhood, community and regional shopping and specialty centers, business parks, service and
office uses.”
Policy LU‐1‐C requires the city to “Encourage cluster commercial development and discourage strip
commercial development,” and Policy LU‐4‐B says “Plan for major commercial centers which promote
functional and economical marketing and operations and produce sustainable clusters of shopping and
services.” This use would be considered a strip development, as it is not clustered with any other
commercial retail uses.
Policy LU‐4‐A urges the city to “Locate commercial facilities at major street intersections to avoid
commercial sprawl and avoid disruptions of residential neighborhoods, and leverage major infrastructure
availability,” and Policy ED‐2‐B states “Encourage development of a wide range of commercial and
industrial uses strategically located to support local and regional needs.” The proposed use is at the
intersection of two minor arterial streets, Chapel Hill Boulevard and Road 84.
Policy LU‐3‐C requires the City to “Maintain and apply design standards and guidelines that will result in
attractive and efficient centers,” and Goal Ed‐2, “assure appropriate location and design of commercial
and industrial facilities.” Goal Ed‐3, “maintain development standards and design guidelines to ensure
that commercial and industrial developments are good neighbors,” and Policy ED‐3‐A “Enhance
compatibility of commercial and industrial development with residential and mixed use neighborhoods
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6
through the use of landscaping, screening, and superior building design standards and guidelines.” A
concomitant agreement may be required to satisfy aesthetic considerations.
2. The effect of the proposal on the immediate vicinity will not be materially detrimental.
The immediate area is shown in the Comprehensive Plan for Commercial and Low‐Density Residential
zoning. The Commercial designated areas may be zoned "O," BP, C‐1, C‐2, C‐3, or CR, as appropriate. The
Low‐Density Residential designation allows for R‐S‐20, R‐S‐12, R‐S‐1, R‐1, and/or R‐1‐A zoning district.
Given the proximity of low‐density residential zoning to the south and west, the proposed rezone may be
considered consistent with the referenced plans if accompanied by a concomitant agreement limiting the
uses to those found in the C‐1 zoning district, with the addition of microbreweries, and adding some
aesthetic considerations.
3. There is merit and value in the proposal for the community as a whole.
The proposed zoning consistent with the Comprehensive Plan Land Use Map. The site proximal to
residential zoning districts to the east, south and west, and it is also located at the intersection of two
minor arterial streets, Chapel Hill Boulevard and Road 84; as such it has potential of being a benefit to the
community if proper aesthetic considerations are followed to mitigate its proximity to residential
neighborhoods. A concomitant agreement limiting the uses to those found in the C‐1 zoning district, with
the addition of microbreweries, and adding some aesthetic considerations would be appropriate.
4. Conditions should be imposed in order to mitigate any significant adverse impacts from the
proposal.
The Pasco Municipal Code includes design standards for both commercial and residential development. A
concomitant agreement limiting the uses to those found in the C‐1 zoning district, with the addition of
microbreweries, and adding specific conditions pertaining to design standards is recommended.
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 limiting the uses to those found in the C‐1 zoning district, with the addition of
microbreweries, and adding specific conditions pertaining to design standards is recommended. Staff
recommends limiting wholesale business and warehouse uses to those with I‐182 compatible retail
storefronts and requiring business/delivery vehicles to be stored inside the building or off‐site, and
limiting warehouse uses to recreational/indoor sports uses.
RECOMMENDATION
MOTION: I move to adopt Findings of Fact and conclusions therefrom as contained in the May 16, 2019
staff report.
MOTION: I move based on the Findings of Fact and conclusions as adopted the Planning Commission
recommend the City Council rezone the parcel from C‐1 (Retail Business) to C‐3 (General
Business), with a concomitant agreement limiting the uses to those found in the C‐1 zoning
district, with the addition of microbreweries, and adding conditions pertaining to design
standards.
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CONCOMITANT ZONING AGREEMENT
WHEREAS, the City of Pasco, Washington, a non-charter code city, under the laws
of the State of Washington (Chapter 35A.63 R.C.W. and Article 11, Section 11 of the
Washington State Constitution) has authority to enact laws and enter into agreements to
promote the health, safety and welfare of its citizens, and thereby control the use and
development of property within its jurisdiction; and
WHEREAS, the Owner(s) of certain property have applied for a rezone of such
property described below within the City's jurisdiction; and
WHEREAS, the City pursuant to R.C.W. 43.12(c), the State Environmental Policy
Act, should mitigate any adverse impacts which might result because of the proposed rezone;
and
WHEREAS, the City of Pasco and the Owner(s) are both interested in compliance
with the Pasco Municipal Code provisions relating to the use and development of property
situated in the City of Pasco, described as follows:
Loviisa Farms II Phase 6 Tract “A” (APN #118010147)
WHEREAS, the Owner(s) have indicated willingness to cooperate with the City of
Pasco, its Planning Commission and Planning Department to ensure compliance with the Pasco
Zoning Code, and all other local, state and federal laws relating to the use and development of
the above described property; and
WHEREAS, the City, in addition to civil and criminal sanctions available by law,
desires to enforce the rights and interests of the public by this concomitant agreement, NOW,
THEREFORE,
In the event the above-described property is rezoned by the City of Pasco to C-3
(General Business) and in consideration of that event should it occur, and subject to the terms
and conditions hereinafter stated, the applicant does hereby covenant and agree as follows:
1. The Owner(s) promise to comply with all of the terms of the agreement in the event the
City, as full consideration herein grants a rezone on the above-described property.
2. The Owner(s) agrees to perform the terms set forth in Section 4 of this agreement.
3. This agreement shall be binding on their heirs, assigns, grantees or successors in
interest of the Owner(s) of the property herein described.
4. Conditions: The following design standards are required:
a. Uses shall be restricted to all those allowed in the “O”, C-1, and C-2 Zoning
district, with the addition of microbreweries; and
b. Wholesale Business uses with I-182 compatible retail storefronts intended for
small-scale wholesale/retail sales and distribution.
c. Sale of goods on site and distribution.
d. Any vehicles shall be stored inside building or off-site.
Page 92 of 137
e. Warehouse uses limited to recreational/indoor sports uses;
f. Single user not to exceed 10,500 sf.
g. Under no conditions will lay down yard, fenced storage or any type of
exterior/open air storage be allowed.
h. Compliance with the development regulations as contained in PMC 25.130 “I-
182 Corridor Overlay District” shall be required.
The person(s) whose names are subscribed herein do hereby certify that they are the
sole holders of fee simple interest in the above-described property:
Owner:______________________________________
Owner:______________________________________
STATE OF WASHINGTON)
) ss.
County of Franklin )
On this _____ day of ________________, 2019, before me, the
undersigned, duly commissioned and sworn, personally appeared
___________________________________________________________ to
me known to be the individual(s) described above and who executed the within
and foregoing instrument as an agent of the owner(s) of record, and
acknowledged to me that he/she/they signed the same as his/her/their free and
voluntary act and deed, for the uses and purposes therein mentioned, and on
oath stated that he/she/they is/are authorized to execute the said instrument.
GIVEN under by hand and official seal this _____ day of
_________________, 2019.
_________________________________
Notary Public in and for the State
of Washington, residing at ________________.
* * * *
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Looking North
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Looking East
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Looking South
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Looking West
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Site
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MINUTES
PLANNING COMMISSION MEETING
City Hall – 525 North Third Avenue – Council Chambers
THURSDAY, APRIL 18, 2019
7:00 PM
Planning Commission Meeting Page 1 April 18, 2019
PUBLIC HEARINGS:
C. Rezone Rezone from C‐1 (Retail Business) to C‐3 (General Business)
(YESMAR Properties Inc.) (MF# Z 2019‐004)
Chairperson Myhrum read the master file number and asked for comments from staff.
Rick White, Community & Economic Development Director, discussed the rezone application from C‐1 to C‐
3. The site is located at the corner of Road 84 and Chapel Hil l Boulevard. The Comprehensive Plan designates
the property for commercial uses. The applicant is requesting the C‐3 designation, the heaviest commercial
designation, to allow for a micro‐brewery to locate at this site. A concomitant agreement will be attached to
the rezone to strictly allow for a micro‐brewery but to exclude the remaining uses the C‐3 zone would allow
for.
Chairperson Myhrum asked why C‐3 zoning was chosen rather than C‐2.
Mr. White responded that C‐2 was a special zoning district for Downtown Pasco and wouldn’t apply to the
proposed site.
Chairperson Myhrum asked if there would be additional tenants.
Mr. White said the applicant is present however he understood that there would be other tenants.
John Ramsey, 8612 Whipple Drive, spoke in support of his rezone application. He believed the rezone would
help bring services to West Pasco that are currently not in the area.
Commissioner Mendez asked if they intended to have a tasting room for the brewery.
Mr. Ramsey stated that the proposed tenant was present at the meeting and could answer those questions.
He added that they were not going to have any tenants storing things outside – all uses would be inside of
the building they constructed. He addressed the question that there would be multiple tenants.
Chairperson Myhrum asked if the intent to rezone to C‐3 was solely to allow for the mircro‐brewery or if they
had additional intentions with the C‐3 zoning designation.
Gary Hall, 10 S. Auburn Street, Kennewick, WA spoke in support of the rezone application. He stated that
the building is aesthetically pleasing with an oversized parking lot and a dedicated area for a roundabout. He
stated that they did have other intended uses with the zoning as stated in their application.
Chairperson Myhrum asked if there were concerns of the design standards in the concomitant agreement.
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Planning Commission Meeting Page 2 April 18, 2019
Mr. Hall responded that he has not seen the concomitant agreement at this time but he was sure Mr. Ramsey
would be in agreement of complying with the City’s standards within reason.
Mr. White added the I‐182 Overlay District applies to this property. Staff intends to contact the applicant
and owner to develop aesthetic enhancements retroactively.
J. Campos stated that this project looks similar to the development at White Bluffs Brewery with some other
units and he felt this site looked better and was nice.
Rob Ellsworth, 329 N. Kellogg, Kennewick, WA spoke in support of the rezone application. He discussed the
uses they were requesting to allow for within the C‐3 zoning district to include; laundry, wholesale business
and warehouse as well as C‐2 uses minus grocery stores, theaters parking lots and dwelling units. The
building they constructed lends itself to more uses than what is just allowed in C‐1 and they want more
flexibility.
Commissioner Bowers had concerns with the micro‐brewery pertaining to noise and other nuisance concerns
with that type of use and wanted to know if they had plans to prevent those issues.
Ben Grogan, 1155 Bridal Drive, Richland, WA spoke in support of the proposed rezone. He stated that he is
the owner of the proposed micro‐brewery. They would not have late night hours so noise shouldn’t be a
concern but was willing to work with the City should that be necessary.
Chairperson Myhrum asked Mr. Grogan if he would have large delivery trucks.
Mr. Grogan responded that they wouldn’t as they would be starti ng out small and using small trucks to make
any deliveries with an occasional truck load of grains and hops. They would be focusing on sales through the
taproom with local distribution to bars with their own pick‐up trucks.
Chairperson Myhrum asked if they would be selling other beers not brewed by them.
Mr. Grogan stated that their licensing will be exclusively for distribution of beer manufactured on the
premises.
Commissioner A. Campos voiced support for the project.
Commissioner Bowers asked staff if it would be appropriate to ask for noise buffering.
Mr. White replied that he didn’t think so but should there be an issue the City has a very active Code
Enforcement Division that has been successful with similar issues.
Chairperson Myhrum asked staff if they saw many changes to the concomitant agreement between this
hearing and the next meeting.
Mr. White replied that it would be likely due to conflicting uses requested in the application and during the
meeting that staff will need to clarify.
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Planning Commission Meeting Page 3 April 18, 2019
Commissioner Mendez if it was correct in the Concomitant Agreement regarding the standards should be
met that of the C‐1 district.
Mr. White responded that it was correct.
Commissioner J. Campos moved, seconded by Commissioner Mendez to close the hearing on the proposed
rezone and set May 16, 2019 as the date for deliberations and the development of a recommendation for
the City Council. The motion passed unanimously.
Respectfully submitted,
Krystle Shanks, Administrative Assistant II
Community & Economic Development Department
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MINUTES
PLANNING COMMISSION MEETING
City Hall – 525 North Third Avenue – Council Chambers
THURSDAY, MAY 16, 2019
7:00 PM
Planning Commission Meeting Page 1 May 16, 2019
OLD BUSINESS:
B. Rezone Rezone from C‐1 (Retail Business) to C‐3 (General Business)
(YESMAR Properties Inc.) (MF# Z 2019‐004)
Chairperson Roach read the master file number and asked for comments from staff.
Rick White, Community & Economic Development Director, discussed the rezone application from C‐1 (Retail
Business) to C‐3 (General Business) with a concomitant agreement to eliminate some of the heavier uses
typically allowed in C‐3 zones but would allow for specific uses as the applicant requested.
Commissioner Myhrum asked if the applicant was in agreement with the current conditions as listed in the
staff report and concomitant agreement.
The applicant did not wish to further speak to the item and was in agreement with the conditions.
Commissioner A. Campos moved, seconded by Commissioner J. Campos, to close the hearing and adopt
findings of fact and conclusions therefrom as contained in the May 16, 2019 staff report. The motion passed
unanimously.
Commissioner A. Campos moved, seconded by Commissioner Myhrum, based on the findings of fact and
conclusions as adopted the Planning Commission recommend the City Council rezone the parcel from C‐1
(Retail Business) to C‐3 (General Business), with a concomitant agreement limiting the uses to those found
in the C‐1 zoning district, with the addition of microbreweries, and adding conditions pertaining to design
standards. The motion passed unanimously.
Respectfully submitted,
Krystle Shanks, Administrative Assistant II
Community & Economic Development Department
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AGENDA REPORT
FOR: City Council May 30, 2019
TO: Dave Zabell, City Manager Regular Meeting: 6/3/19
FROM: Richa Sigdel, Finance Director
Finance
SUBJECT: Update of Business Licensing Program
I. REFERENCE(S):
PowerPoint Presentation
Ordinance
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to adopt Ordinance No. ____ amending Pasco Municipal Code
Title participation for providing Regulations” 5 Licenses “Business in and the
Washington State Business License Service; and amending PMC Section 3.35.050
“Business Licenses” and, further, authorize publication by summary only.
III. FISCAL IMPACT:
Minimal Reduction in Licensing Revenue
IV. HISTORY AND FACTS BRIEF:
The State Legislature passed Business License Bill HB-2005 on July 23, 2017
requiring all cities with business license programs to partner for administration of
general business licenses with the Washington State Business License Services (BLS).
The bill further required cities to adopt a model business license threshold to
approved Council 2017, late In the throughout licensing standardize State.
recommendations made by staff that included extensive changes to the City's business
license program to comply with said law. At the time of adoption Council requested
Staff to report on the status once sufficient time had passed.
V. DISCUSSION:
Staff has been closely monitoring the program since its full implementation on March,
2018 and based on experience of administration and impact to business owners, staff is
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recommending several changes for improvement. The changes primarily involve
clarification of language, correction of errors, and a recommendation to add a cap to
the business license fee. While most of the changes are minor in nature, listed below
are the larger changes to the current code:
1. To prevent confusion, any licensing done directly through the City would be
labeled as a "Regulatory License." This reference would make the Pasco
Municipal Code (PMC) consistent with how the State and other Cities refer to
licenses issued directly by the City and that have special requirements and fees
attached to them.
2. Clarify PMC 5.05.170 (1) (Monetary Threshold) section in reference to "a place
of business." The monetary threshold applies to those businesses that do not
maintain a place of business. The addition of the language "at a commercial
location" would clarify that a brick and mortar business with a physical location
that customers can visit to conduct business would be considered a "place of
business."
3. Apply a late payment fee to all Regulatory Licenses so that penalty fees are
applied consistently to all delinquent licenses regardless of the issuing agency.
4. Limit the business license fees to a maximum of $5,000.
This item was discussed at the May 28, 2019 Council Workshop. Staff is of the opinion
that these changes will improve efficiency, equity, service to the licensed businesses
within the City and recommends Council implement the changes.
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Pasco City Council Meeting
May 28, 2019
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Changes in Business Licensing
Business License Bill (HB –2005) required all cities with a
business license program :
Partner on administration of business licenses with Washington State
Business License Service (BLS)
Adopt a standard model business license threshold by January 2019
City of Pasco implemented BLS partnership in March 2018
Established new simplified billing structure consisting of a base
fee and fee per employee
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Year in Review
BUSINESS LICENSING EXPERIENCE
Businesses already familiar with BLS
Vast majority appreciate the convenience
Increased compliance of Pasco Municipal Code
Increased in number of business licenses by 55%
Customers having difficulty identifying the correct
number of Full-Time Equivalent (FTE) employees
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Recommended Changes
BUSINESS LICENSING:
Changes to code to clarify current language
Apply late fee for licenses issued by City to be consistent
with general business license issued by BLS
Cap license fee at $5,000
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Changes in Ambulance Rate Structure
The City charges a monthly ambulance charge to fund the availability cost of
ambulance services
Historically, residential and commercial properties paid the same flat rate, an
inequity frequently cited and an inequity Council wanted to address
A 2015 rate analysis recommended the City adopt billing classifications
recognizing the difference in demand between different land uses
City’s recently adopted billing structure provides for categories:
1.Residential (Single and Multi-family) -Each residential unit
2.Commercial Business and Industries -Equivalent residential unit based on number of
full-time equivalent
3.Assisted Living and Nursing Homes -Number of occupants
4.Hotels/Motels -Equivalent residential unit based on occupancy and number of roomsPage 113 of 137
Year in Review
AMBULANCE UTILITY EXPERIENCE
Increase in number of ambulance units by 14%
Rate inequities mostly addressed –Hotel/Motel and
Assisted Living classifications cumbersome
Significant change to many businesses
Manual process for City employees to combine Utility
data with Business License data
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Recommended Changes
AMBULANCE UTILITY RATE
Modify code to clarify current language
Clarify responsible party for service fee payment
Combine Assisted Living and Hotel/Motel category into
Commercial/Industrial category
Page 115 of 137
Future
Continuous review of code, process, and policy
Pro-active in reviewing necessary policy issues with
Council as improvement opportunities arise
Monitor future legislation Page 116 of 137
ORDINANCE NO
AN ORDINANCE of the City of Pasco, Washington, amending Pasco
Municipal Code Title 5 “Business Licenses and Regulations” providing for
participation in the Washington State Business License Service; and
amending PMC Section 3.35.050 “Business Licenses.”
WHEREAS, The State Legislature passed Business License Bill HB-2005 July
23, 2017 requiring all cities with business license program to partner for administration
of general business license with Washington State Business License Services (BLS),
and
WHEREAS, The City adopted changes to its business license program to comply
with Bill HB-2005, and
NOW, THEREFORE, The City Council has determined that certain amendments
to the municipal code regarding business licenses are needed, as follows:
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. PMC Section 5.05.010 Definition is hereby amended and shall read
as follows:
“Regulatory License” means a license with requirements and/or fees that is
issued directly through the City. Regulatory Licenses include, but are not limited
to, Ambulance Service; Adult Entertainment Facility; Special Events and
Entertainment; Juke Boxes, Pinball Games and Other Amusement Devices;
Utilities; Rental; Solicitors and Residential Soliciting; Pawnbrokers and
Secondhand Dealers; Flea Markets, Swap Meets, Buy-Sell Marts and the Like;
Rummage and Yard Sales; Sidewalk Sales; Fireworks Sales and Wholesale
Distribution; Taxicab and Transportation Network Companies; and Occupancy
Registration.
Section 2. PMC Section 5.05.030 Procedure for issuance of license is hereby
amended and shall read as follows:
(1) 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, Regulatory licenses
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.
(a) Unless otherwise provided, a complete application must be approved
or disapproved by the City within 15 working days of receipt by the City.
Page 117 of 137
(2) License Renewal 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
Regulatory licenses, 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.
(3) Duplicate License Procedure. To receive a replacement license that was
issued under this chapter, the licensee must contact the Business Licensing
Service. For Regulatory 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 the amount indicated in the fee schedule in
PMC 3.35.050.
(4) 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 reapproval before a new license will be issued. For
Regulatory 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.
(5) 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 3. PMC Section 5.05.060 Application for license is hereby amended and
shall read as follows:
Each applicant for a license shall file an application through Business Licensing
Service or in the case of Regulatory Licenses the application must be submitted directly
to the City.(excluding rental license, solicitors, for hire drivers, special events, and
nonprofit organizations, including occupancy registrations, while shall be licensed
directly through the City). Upon payment of the license fee, and satisfactory compliance
with other applicable City ordinances and general laws, the license shall be issued.
Section 4. PMC Section 5.05.070, subsection (1) Responsibility of
applicant/licensee is hereby amended and shall read as follows:
Page 118 of 137
(1) 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, the licensee is personally
responsible to update and manage their business information changes with the
Business Licensing Service or the City in the case of Regulatory Licenses.
Section 5. PMC Section 5.05.100 Term of licenses is hereby amended and shall
read as follows:
Business licenses issued under this title are effective upon approval, and must
be renewed through the Washington State Business Licensing Service annually, on or
before the expiration date of the license, in order to continue doing business within the
City after the expiration date. Regulatory Licenses are effective for one calendar year
and must be renewed on or before the expiration date of the license. Depending on the
type of regulatory license, the license/renewal may vary between the calendar year of
January 1 to December 31, or annually based on the date of issuance. All licenses shall
be for a period of one year, unless otherwise provided herein.
Section 4. PMC Section 5.05.160 Fees is hereby amended and shall read as
follows:
An annual license fee as set in Chapter 3.35 PMC shall apply to all Regulatory
Licenses and all business categories (excluding rental license, solicitors, for hire drivers,
special events, and nonprofit organizations, including occupancy registration). In addition
to the annual license fee, for businesses there will be a fee for each employee:
(1) 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 12-month period
immediately preceding the year for which the license fee is payable, divided by
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.
(2) Employers without 12 months of 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.
(3) The annual fee amount may be prorated to accommodate synchronization of
a license expiration date with a date established by the Business Licensing
Service.
(4) 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.
Page 119 of 137
(5) Late Payment Fee. A late payment fee, as set forth in Chapter 3.35 of this
code, will be added to all annual Regulatory Licenses not procured before March
1st of each year. All business license applications must be renewed on or before
the expiration date. Any business 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 3.35.050), 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.
Section 5. PMC Section 5.05.170, Subsection (1) entitled Monetary Threshold is
hereby amended and shall read as follows:
(1) Monetary Threshold. Any person or business whose annual value of products,
gross proceeds of sales, or gross income of the business in the City is equal to or
less than $2,000 and who does not maintain a place of business at a commercial
location within the City shall be exempt from the general business license
requirements in this chapter. The exemption does not apply to regulatory license
requirements or activities that require a specialized permit.
Section 6. PMC Section 5.85.050 is hereby amended and shall read as follows:
Each applicant for a license shall file an application with the City Clerk per
Chapter 5.05.020 and 5.05.030. The application shall be in writing 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.
Section 7. PMC Section 5.85.060 is hereby amended and shall read as follows:
The license shall be for a period of one year per Chapter 5.05.100.
Section 8. PMC Section 3.35.050 is hereby amended and shall read as follows:
Fee/Charge Reference
License base fee $80.00 5.05.160
Employee fee – per full time
equivalent
$20.00 5.05.160
Late penalty:
Rentals – dwelling units, per
license
20% of
amount due
5.60.020
Page 120 of 137
Fee/Charge Reference
Rental dwellings – includes
first unit (No maximum fee)
$50.00 5.60.020
Rental dwelling - Each
additional unit
$10.00 5.60.020
Late penalty:
Rental license
Regulatory license (unless
otherwise specified)
20% of
amount due
$30.00
5.60.020
5.05.160
Special events:
Athletic, competitive or
festival
$25.00 5.35.130
Auction sales – for 3 days $75.00 5.35.130
Carnivals and circuses – first
day fee
$275.00 5.35.130
Each and every day after first $125.00 5.35.130
Concert $25.00 5.35.130
Dance hall – without liquor $75.00 5.35.130
Dance hall – with liquor $350.00 5.35.130
Demonstration $15.00 5.35.130
Outdoor music festival $25.00 5.35.130
Parade $15.00 5.35.130
Public dance $15.00 5.35.130
Temporary special sales
event – (maximum for event
$500.00)
$40.00 for
the first vendor
5.35.130
Each additional vendor $20.00
Street and intersection
closure review fee
$50.00 5.35.180(1)(e)
Fireworks sales and
wholesale distribution
5.35.050
Page 121 of 137
Fee/Charge Reference
Fourth of July license term $115.00 5.96.030
- fire safety inspection
($75.00)
- license fee ($40.00)
New Year license term $115.00 5.96.030
- fire safety inspection
($75.00)
- license fee ($40.00)
Solicitors $150.00 5.65.060
Pawnshop $250.00 5.80.020
Ambulance Service Business
License
Amusement device
distributor
$150.00
$500.00
5.15.030
5.40.060
Amusement device user – 1-
6 machines
$50.00 5.40.060
Amusement device user – 6+
machines
$100.00 5.40.060
Adult entertainment facility: $700.00 5.20.110
Adult entertainer $150.00 5.20.110
Adult waitperson $150.00 5.20.110
Adult ent. bus. mgr. $150.00 5.20.110
Taxicab and transportation
network company licensing
Annual for-hire (taxicab/TNC)
business license application review
and business license fee in the
amount as follows:
5.110.040
Companies employing or
contracting with 10 or fewer drivers
$300.00
Page 122 of 137
Fee/Charge Reference
Companies employing or
contracting with 11 to 40 drivers
$700.00
Companies employing or
contracting with 41 or more drivers
$2,000.00
Annual for-hire driver
business license
$40.00 5.110.050
Photograph (as applicable) $5.00 5.110.060
Fingerprints (as applicable) $10.00 5.110.060
Criminal History Check (as
applicable)
$30.00 5.110.060
WSP/FBI Criminal History
Check
$34.75 5.110.060
Sidewalk sales No fee 5.95.010
Mobile home park
Inspection fee $20.00 19.15.040
Yard sale permit No fee 5.90.020
Yard sale sign violation $50.00 17.15.020
Section 8. 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 this _____ day of June 2019.
Matt Watkins, Mayor
ATTEST: APPROVED AS TO FORM:
____________ __________________
Angela Pashon, City Clerk Erik Ferguson, City Attorney
Page 123 of 137
AGENDA REPORT
FOR: City Council May 30, 2019
TO: Dave Zabell, City Manager Regular Meeting: 6/3/19
FROM: Richa Sigdel, Finance Director
Finance
SUBJECT: Ambulance Fee Update
I. REFERENCE(S):
Ordinance
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Ordinance No. _____ amending Pasco Municipal Code
Section 3.85.010 (Definitions), and Section 3.85.040 (Monthly utility service fees and
rates) and, further, authorize publication by summary only.
III. FISCAL IMPACT:
Approximately $35,000 reduction to Ambulance Service revenue.
IV. HISTORY AND FACTS BRIEF:
A monthly Ambulance Utility Fee is charged to all customers within the City. The
utility fee, fee for transport and General Fund subsidy cover the cost to assure
ambulance services are properly staffed, equipped, supplied, housed and supported.
Before 2018, all customers within the City, Residential or Commercial, were charged
the same flat monthly fee; a point frequently brought to the City's attention by
residential customers comparing their bill to a large industrial facility or commercial
center. This inequity was also identified by staff and the City's Utility Rate Consultant,
FCS Group, during the Ambulance Utility Rate Study.
Council was briefed on the inequity of the former billing structure and subsequently
adopted a new billing structure for the following categories:
1. Residential Units (Single and Multi-family) - Each residential unit.
2. Commercial Business and Industries - Equivalent residential unit based on the
number of full-time equivalent employees.
3. Assisted Living and Nursing Homes - Number of occupants.
Page 124 of 137
4. Hotels/Motels - Equivalent residential unit based on occupancy and number of
rooms.
This new structure was implemented and staff has had sufficient history to evaluate and
report on its effects.
V. DISCUSSION:
While more equitable overall, the classification of system customers represented a
significant change to the billing structure of the utility. For that reason, staff has been
closely monitoring the program with a focus on continuous improvement. Considerable
outreach and internal/external analysis has occurred as part of the review process,
which resulted in the recommendations below:
• Describe the word "Employee" to further clarify the difference between an
employee and a contractor of a business (Beauticians/salons, Brokers/Realtors,
etc.).
• Clarify that billing is based on the full-time equivalent employees (FTE)
employed for any and all businesses located at one/each utility account/service
location.
• The City's old licensing structure did not factor FTE as a basis for licensing fee.
Business owners are getting familiar with our new structure. Correct FTE
information is not always input into the State Business License Services (BLS).
When possible, staff will update the FTE data in BLS with verification from
employers of the correct count. Wording will be added to Code to allow the
City to update employee counts with verification and documentation.
• Office buildings with one utility account for multiple businesses (some strip
malls, for instance) are responsible for paying the monthly ambulance service
fee for all FTE employees at that location. Further clarification expressing this
is needed in the current code.
• Remove categories for Assisted Living and Nursing Homes and Hotels/Motels
to standardize the billing process that is extensively manual. Treating these
facilities similar to residential units has proven difficult for multiple reasons:
Federal/State relating regulations t Assisted where Medicare/Medicaid o
Living/Nursing Homes are concerned, operational inefficiencies, and a history
indicating a low use of ambulance services overall where Hotels/Motels are
concerned.
Implementation of the recommended changes will:
• Provide greater clarity for professional business operations.
• Improve self-reporting of FTE counts.
• Assure all business operators are treated fairly by their existence, rather than
whether the building they are housed in is served by one or multiple meters.
• Lower current fees to Hotel/Motel customers and increase slightly fees to
Page 125 of 137
Assisted Care/Nursing facilities, which are currently among the highest users of
the service, yet pay a similar level as a single-family home.
Overall, the recommended changes would reduce fund revenues by an estimated
$35,000 annually.
This item was discussed at the May 28, 2019 Council Workshop. After discussion,
Staff recommends Council approve an ordinance implementing these changes as
proposed.
Page 126 of 137
ORDINANCE NO. _______
AN ORDINANCE of the City of Pasco, amending Pasco Municipal Code
Section 3.85.010 (Definitions), and Section 3.85.040 (Monthly utility service fees
and rates).
WHEREAS, Ordinance No. 4369 was adopted and took effect on January 1, 2018, and
PMC 3.05.025, subsection B) was amended to require different classification of customers and
resulted in different rates, and
NOW, THEREFORE, The City Council has determined that certain amendments to the
municipal code regarding definitions and ambulance service fund classifications are needed, as
follows:
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS
FOLLOWS:
Section 1. PMC Section 3.85.010 Definitions is hereby amended and shall read as follows:
For the purpose of this chapter, these terms shall have the following meanings:
“Availability costs” means those costs attributable to the basic infrastructure needed to respond
to a single call for service within the utility’s response criteria, including costs for dispatch, labor,
training of personnel, equipment, patient care supplies, and maintenance of equipment.
“Commercial/Bbusiness” means any business (refer to definitions in 5.05.010) located and
operating within the City and paying a utility service fee under this chapter including
hotels/motels, and assisted living facilities.
“Demand costs” means those costs that are attributable to the burden placed upon the ambulance
service by individual calls for ambulance service. Demand calls shall include costs relating to
frequency of calls, distances from hospitals, and other factors identified in a costs-of-service study
conducted to assess burdens imposed on the ambulance utility.
“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 person, sole proprietors,
owners, managers, partners, and all full-time, part-time, and temporary employee on the business
payroll.
“Equivalent residential unit” shall mean a unit of measure to express the number of people
dwelling in a single-family residence as provided by Office of Financial Management;
“Family residential” means each single-family dwelling within the City as defined by PMC
25.15.060.
“Full-time equivalent” shall mean the ratio of total number of paid hours during a year divided by
the number of working hours in that year (1,920 hours).
Page 127 of 137
“Industrial” means any industrial facility as permitted under Chapters 25.115 and 25.120 PMC
located and operating within the City and paying a utility service fee under this chapter.
“Multifamily residential” means each unit, space, apartment or lot available for rent or lease within
a multiple dwelling unit, including group, convalescent home, mobile or manufactured home parks
and condominiums. Multifamily residential units do not include hotels, motels, rooming houses,
or recreational vehicle parks, each of which is included within the “commercial/business” definition
above.
“Resident” means a person who utilizes a dwelling unit inside the City as a fixed abode, and is
not a guest, visitor, or other temporary inhabitant. A student who is regularly enrolled in an
educational institution outside the City, but who would normally and regularly be a City resident,
but for attendance at such educational institution, shall be deemed to reside within the City.
Types of Service. To distinguish between nonemergency and emergency services the following
definitions shall apply:
(a) “Emergency medical services” shall mean an apparent sudden need of medical attention
based on injury or other unforeseen acute physical or mental event, which poses an
immediate threat to life or physical well-being;
(b) “Transport” shall mean the movement of a patient by ambulance from the scene of an
emergency to the closest appropriate hospital;
(c) “Nontransport medical services” shall mean where a person receives medical services or
treatment by Pasco ambulance personnel and is not transported to a medical facility by
the ambulance;
(d) “Transfer” shall mean the movement of a patient by ambulance from or between one
hospital to another, to a medical facility, to a residence, to an airport for transfer to
another city, to another city or to any other designated location.
“Utility” means the City of Pasco ambulance service utility, including without limitation all
equipment, employees, agents, supplies, overhead and other associated costs incurred to deliver
all regulatory and ambulance services.
Section 2. PMC Section 3.85.040 Monthly utility service fees and rates, section (2)
Classifications, is hereby amended and shall read as follows:
(2) 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,
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:
(a) Single-Family Residential. Each residential unit shall be assessed as one ERU per
residence in the amount indicated in the fee schedule in PMC 3.35.010.
Page 128 of 137
(b) Multifamily Residential. Each residential unit shall be assessed as one ERU per
residential unity unit in the amount indicated in the fee schedule in PMC 3.35.010.
(c) 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
3.35.010. 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. If
there are multiple businesses located at one utility account location, the FTEs employed
for all businesses will be used in the calculation. The City reserves the right to update the
business FTEs based on information received from the business and/or official data
collected by the State of Washington. Utility account owner will receive notification of any
changes made by the City.
(d) 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 3.35.010.
(e) 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 3.35.010.
Section 3. 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 this ____ day of June 2019.
Matt Watkins, Mayor
ATTEST: APPROVED AS TO FORM:
____________ __________________
Angela Pashon, City Clerk Erik Ferguson, City Attorney
Page 129 of 137
AGENDA REPORT
FOR: City Council May 30, 2019
TO: Dave Zabell, City Manager Regular Meeting: 6/3/19
FROM: Larry Dickerson, Interim Director
Police Department
SUBJECT: SRO 2019 Summer School Interagency Agreement
I. REFERENCE(S):
Proposed Interagency Agreement
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve the Interagency Agreement with Pasco School District
to provide School Resource Officers for the Summer School Program at Pasco High
School June 19 to July 3 and Chiawana High Schools. June 18 to July 3 and, further,
authorize the Mayor to execute the Agreement.
III. FISCAL IMPACT:
Pasco School District Funds - $11,173.00
IV. HISTORY AND FACTS BRIEF:
School Resource Officers (SRO) are full-time uniformed police officers primarily
dedicated to providing law enforcement resource services to assigned schools and
surrounding neighborhoods. The Pasco School District has requested an extension of
the SRO services for the 2019 Summer School at Chiawana and Pasco High School.
Normally, SRO services are not provided during summer months; however, as a
measure to enhance service to the schools, the School District has requested SRO
services for up to eight hours each day of summer school. Chiawana has 12 summer
school days from June 18 to July 3 while Pasco High School has 11 Summer School
days from June 19 to July 3.
V. DISCUSSION:
The proposed Interagency Agreement would be effective June 18 through July 3, 2019
and provide two School Resource Officers for the 2019 Summer School. The School
Page 130 of 137
District will reimburse the City for the salary and fringe benefits costs for two officers
during 12 days of summer school. Council’s approval of the Agreement is required.
Page 131 of 137
INTERAGENCY AGREEMENT
Between
Pasco School District No. 1
And
City of Pasco, Washington
This agreement, pursuant to Chapter 39.34 RCW is made and entered into by and between the
Pasco School District No. 1, hereafter referred to as the “District” and the City of Pasco, a
municipal corporation of the State of Washington, hereafter referred to as the “City.”
No special budget or funds are anticipated, nor shall be created. It is not intended that a separate
legal entity be established to conduct this cooperative undertaking, nor is the acquiring, holding,
or disposing of real or personal property other than as specifically provided within the terms of
this Agreement, anticipated. The Chief of Police of the City of Pasco, Washington, shall be
designated as the Administrator of this Interlocal Agreement.
This Agreement shall be filed with the Franklin County Auditor, or alternatively listed by subject
on either parties’ website or other electronically retrievable public source.
It is the purpose of this agreement to:
1. Enhance the safety and security of students, teachers, staff, and visitors and provide
patrol of the various campuses of the District located within the City of Pasco,
Washington.
2. Provide for the presence of armed and uniformed City Police Officers both inside and
outside the school buildings on selected campuses of the District during certain school
hours in support of such safety and security and the maintenance of a secure and peaceful
learning atmosphere.
3. Provide for prevention, intervention, and prompt effective enforcement by the City’s
Police Department in situations involving, but not limited to:
a. Maintenance of order
b. Use, possession, or sale of illegal drugs and alcohol on school premises
c. Crimes against persons
d. Crimes against property
e. Any other situations or activities which require the intervention of law enforcement
officers; and
4. Provide for participation by police officers in the educational activities and role modeling
to foster and enhance knowledge of and respect for law enforcement and law
enforcement officers by students and the community.
5. Provide positive and supportive interface between law enforcement representatives and
the District’s substance abuse and harassment prevention efforts including, but not
Interagency Agreement between Pasco School District No. 1 and the City of Pasco.
Page 1 of 6
Page 132 of 137
limited to Natural Helpers, Student Assistance Teams, Anti-Harassment and Bullying
Project and other intervention and prevention efforts by the District.
It is therefore mutually agreed that:
1. Statement of Work. The City shall furnish the necessary personnel and services and
otherwise do all things necessary for and incidental to the performance of the work stated
herein. The City shall:
a. Assign two full-time uniformed police officers for eight consecutive hours each day
from 07:30 AM to 3:30 PM to provide School Resource Officer services at specific
schools in accordance with the following schedule:
i. Chiawana High School: June 18 – July 3 , 2019 Monday – Friday
ii. Pasco High School: June 19 – July 3, 2019 Monday – Friday
One SRO will be assigned to Chiawana High School beginning June 18. The second
SRO will be assigned to Pasco High School beginning June 19. Both officers are
responsible for responding to incidents at the other schools as needed during the
overlap period. Each SRO shall make certain that the Administration at their assigned
school is notified when they are required to respond to another school. Generally, the
quickest way to get an SRO to respond to an alternate school will be to call the
Franklin County Emergency Dispatch Center and request an SRO be sent to the
incident at a specific school. Except in incidents where a particular SRO may have
prior knowledge or involvement in a specific case or other extenuating factors, the
on-duty police supervisor will designate which SRO responds.
Office space shall be provided as available at each school for the use of the School
Resource Officer. Such office shall be equipped with one office desk and chair, and
one locking cabinet. The City shall provide a lockable cabinet capable of securing
police department equipment when not in use by the officer.
b. Cooperate with the District to provide training and education to each assigned officer
to insure effective communication and interrelation with the school community and
its students;
c. Cooperate with the District to monitor and evaluate the effectiveness of the assigned
officers and the program;
d. Meet as needed during the academic year with the District’s representative (as
designated by the District) to evaluate the effectiveness of the program;
e. Cooperate with the District’s representative to investigate and report on any
complaints regarding the conduct of an assigned officer, share fully, as permitted by
law, with the District’s representative all results of such investigations for the purpose
of responding to each complaint and cooperate to resolve each complaint. Provided,
that it shall be the responsibility of the District to respond to any complaint the
Interagency Agreement between Pasco School District No. 1 and the City of Pasco.
Page 2 of 6
Page 133 of 137
District received from a student, parent or patron of the District and communicate the
results of any investigation to such person or persons.
2. Terms and Conditions. All rights and obligations of the parties to this agreement shall
be subject to and governed by the terms and conditions contained in the text of this
agreement.
3. Period of Performance. Subject to its other provisions, the period of performance of
this agreement shall commence on June 18, 2019 and be completed on July 3, 2019
unless terminated sooner as provided herein.
The principal shall be responsible for notifying the Chief of the City’s Police Department
of the school calendar, schedule of events and activities, and any changes in the same.
The principal shall determine the specific hours when an officer shall be present within
the limits set forth in Section 1.a. of the Agreement.
4. Payment. The District shall reimburse the City for its expenses in employing two
officers for 192 hours as follows:
a. For June 18, 2019 through July 3, 2019, an estimated total of eleven thousand one
hundred seventy three dollars ($11,173.00).
b. Actual amount will be determined by the parties based upon any negotiated wage
increase between the City and the police officer’s collective bargaining unit. The
current wage rate with benefits is $58.19 per hour.
5. Billing Procedure. The City shall submit a monthly invoice or billing statement to the
District. Payment shall be made to the City according to the regular procedures of the
District.
6. Funding. If for any reason the District exhausts its budgeted funds for payment to the
City for its services described herein or funds from any expected funding source become
unavailable, the District shall notify the City and the obligations of the City shall
immediately cease and this agreement terminate, unless the district otherwise assumes the
obligations for the payment of services rendered by the Police Department.
7. Non-discrimination. In the performance of this agreement, the District and the City
shall comply with the provisions of Title VI of the Civil Rights Act of 1964 (42 USC
200d), Section 504 of the Rehabilitation Act of 1973 (29 USC 7904) and Chapter 49.60
RCW, as now and hereafter amended. Both shall not, except as they may be specifically
allowed by laws to do so, discriminate on the grounds of race, color, national origin, sex,
religion, marital status, age, creed, Vietnam-Era and Disabled Veterans status, or the
presence of any sensor, mental, or physical handicap.
In the event of non-compliance by either party or refusal to comply with the above
provisions this agreement may be rescinded, canceled, or terminated in whole or in part.
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The non-complying party shall, however, be given a reasonable time in which to cure this
non-compliance. Any dispute may be resolved in accordance with the “Disputes”
procedure set forth herein.
8. Records Maintenance. The City shall maintain books, records, documents and other
evidence that sufficiently and effectively reflect all direct and indirect cost expended in
the performance of the services described herein. These records shall be subject to
inspection, review or audit by the personnel of both parties, other personnel authorized by
either party, the Office of the State Auditor and federal officers, if any, so authorized by
law. The City and District shall retain all books, records, documents, and other materials
relevant to this agreement for five (5) years after expiration. The office of the State
Auditor, federal auditors, and any persons authorized by the parties shall have full access
and the right to examine any of these materials during this five-year period.
9. Responsibilities and Authority of School Administrator. The principal or other
administrator designated by the District is responsible for the supervision and daily
operations of the school shall, subject to the lawful exercise of the officer’s law
enforcement responsibilities, schedule, assign and direct the officer’s duties under this
agreement.
The principal is responsible for the investigation of non-criminal incidents that occur at
or are related to the school. If the principal finds that he or she or any individual is in
physical danger, the principal may request the law enforcement officer to assist him or
her.
In the case of a search of student property for the violation of District rules or other
administrative reasons, the school principal or designated administrator or District
employee will conduct the search. Once the principal has reason to believe that a crime
has been or may be committed, the principal or other designated administrator shall
request the law enforcement officer to assume responsibility.
The building administrator shall have the responsibility to contact and report to parents
and patrons regarding activities and findings of the law enforcement officer, where
appropriate.
10. Indemnification. Each party shall defend, protect and hold harmless the other party
from and against all claims, suits and/or actions arising from any negligent or intentional
act or omission of that party’s employees or agents while performing under this
agreement.
11. Agreement Alterations and Amendments. The District and the City may mutually
amend this agreement. Such amendments shall not be binding unless they are in writing
and signed by the personnel authorized to bind the District and the City.
12. Termination. Except as otherwise provided in this agreement, either party may
terminate this agreement by providing sixty (60) days advance written notification to the
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other party of their intent to terminate the agreement. If this agreement is so terminated,
the terminating party shall be liable only for performance, in accordance with the terms
of this agreement for performance rendered prior to the effective date of termination.
13. Savings. Should any portion of this agreement be declared illegal, the balance of the
agreement shall remain in full force and effect to carry out the purposes of this
agreement.
14. Disputes. In the event that a dispute arises under this agreement, it shall be resolved in
the following manner: The Director of Educational Services of the District shall appoint a
member to the Dispute Board. The Pasco Chief of Police shall appoint a member to the
Dispute Board. The Director of Educational Services and the Pasco Chief of Police shall
jointly appoint a third member to the Dispute Board. That person shall act as
chairperson, convene the Dispute Board and cause a determination of the dispute, arrived
at by a majority of the Board, to be rendered in a timely manner. The determination of
the Dispute Board shall be final and binding on the District and the City.
15. Notices. Any notices required herein or related hereto shall be delivered in writing to the
District at:
Pasco School District No.1
Attn.: Executive Director, Operations
1215 West Lewis Street
Pasco, WA 99301
And to the City at: Pasco Police Department
Attn: Chief of Police
525 North 3rd Avenue
Pasco, WA 99301
16. All Writings Contained Herein. This agreement contains all the terms and conditions
agreed to by the parties. No understandings, oral or otherwise, regarding the subject
matter of this agreement shall be deemed to exist or to bind any of the parties to this
agreement.
Interagency Agreement between Pasco School District No. 1 and the City of Pasco.
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In Witness whereof, the parties have executed this agreement effective this _____ day of
2019.
City of Pasco: Pasco School District No. 1:
Matt Watkins, Mayor Michelle Whitney, Superintendent
Attest:
Pasco City Clerk Sarah Thornton, School District Counsel
Approved as to Form:
City Attorney
Interagency Agreement between Pasco School District No. 1 and the City of Pasco.
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