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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 Page 47 of 137 Page 48 of 137 Page 49 of 137 Page 50 of 137 Page 51 of 137 Page 52 of 137 Page 53 of 137 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 :IVE_umm:z__z>m<_ur>Honm..>oxmm_._.mmmdqmm :26...9;m.a§:.a..mEEE.....:.€.#26... .252...xi...z?mmu3:5:51”Smnasz e.:.§.§.s..3z§§$2.56,. L .....hmummnxzéozm9.9% AK.......w.,.$3.2.....s.z.5. .m?aw....am.....uw.........w.£2.3:.2M._ 2., 9..2:xi... ._.baa...”,5; Mg IEH..:.. mza.. 3.:v4 WMasS :3.g 2.5“ES _.. 2:..§8.%2EIn.. u....»,u.w.......,..h.n2.2s..%M... 5 122m,wE. ngH.._ wWm nwas,..as.......r.___.h‘WWm.. u 11r1.m..W2:;2.6%?‘./x. W.../...aLsN,. E .. 5.1....3%}‘sn2E.mw. 9 W,..._::.,W32..EmHH._...223.2: m._.a525isas2.5 22..mmWW”....2”.u. W“ ““““ 2,:S»asS?2. ,.s....9. u1 mz4roam_...xa.:_o...§.o<#<..1...Eis.2.6E I‘I . 4»?\,é...¥mn;§3:.a...u...;§.....§,. W. _,...., 5....M,” mmw . _awA2.., .s......§2.._§ T...E..H.....M....ua...l]a,‘a.\k,..?...E:.J .;mE S _ vE:.mml!M2.32:5.,2.. .... E.E2.K§sE 2.n...u...m...........s.H....,.m.........mmmmM$...g.mm.mm.%.mm..,mwsésasé:a$3.5.22...§7.s3. .. 2..2S3:3.2.3..3 9nW.2.2 xx ,4.s.....22:...2%,ssi.%:552... M. 2 Al- .. W....=...:.;..4...uv..;sU...ass.Ss;..:......:...w5....5..zxnmu3...3sle?am?..:ia..:...s55$;awn. .v..“....:.w...:5..m:...z.a.:mi2 1x1Mibnxu.:22.5.:2._ .2: .1§I.\M.S<nu2......2. EeSn!.n..2.121‘AHw>.:.¥.€EI- ?R.E.WS. ‘rxxEWnmm:§_z>m<3.3 ._. (SE.S.;azzsS.§:. .§..2,....m.:Em Page 61 of 137 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. Page 62 of 137 2 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. Page 63 of 137 3 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. Page 64 of 137 4 • 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. Page 65 of 137 5 • 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. Page 66 of 137 6 (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 Page 67 of 137 7 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. Page 68 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 69 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 70 of 137 /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 Page 71 of 137 /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 Page 72 of 137 Page 73 of 137 Looking North Page 74 of 137 Looking East Page 75 of 137 Looking South Page 76 of 137 Looking West Page 77 of 137 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. Page 78 of 137 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. Page 79 of 137 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 Page 80 of 137 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. Page 81 of 137 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 Page 82 of 137 Page 83 of 137 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 Page 84 of 137 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 ________________. * * * * Page 85 of 137                                               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.  Page 86 of 137 2 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.  Page 87 of 137 3 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.    Page 88 of 137 4 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.   Page 89 of 137 5 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  Page 90 of 137 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.    Page 91 of 137 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 ________________. * * * * Page 93 of 137 Page 94 of 137 Page 95 of 137 Page 96 of 137 Page 97 of 137 Looking North Page 98 of 137 Looking East Page 99 of 137 Looking South Page 100 of 137 Looking West Page 101 of 137 Site Page 102 of 137     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.     Page 103 of 137                                                                                                           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.  Page 104 of 137                                                                                                           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      Page 105 of 137     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      Page 106 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: 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 Page 107 of 137 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. Page 108 of 137 Pasco City Council Meeting May 28, 2019 Page 109 of 137 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 Page 110 of 137 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 Page 111 of 137 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 Page 112 of 137 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 Page 114 of 137 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. Interagency Agreement between Pasco School District No. 1 and the City of Pasco. Page 3 of 6 Page 134 of 137 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 Interagency Agreement between Pasco School District No. 1 and the City of Pasco. Page 4 of 6 Page 135 of 137 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. Page 5 of 6 Page 136 of 137 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. Page 6 of 6 Page 137 of 137