HomeMy WebLinkAbout2019.08.12 Council Workshop PacketWorkshop Meeting
AGENDA
PASCO CITY COUNCIL
7:00 p.m.
August 12, 2019
Page
1. CALL TO ORDER:
2. ROLL CALL:
(a) Pledge of Allegiance
3. VERBAL REPORTS FROM COUNCILMEMBERS:
4. ITEMS FOR DISCUSSION:
3 - 6 (a) Agreement with Franklin County Historical Society
7 - 34 (b) Fireworks Update & Recommendations
35 - 40 (c) 2020 Community Development Block Grant (CDBG) Annual Work
Plan and Allocations (MF# BGAP 2019-003)
41 - 45 (d) 2020 HOME Annual Work Plan and Allocation (MF# BGAP 2019-004)
46 - 50 (e) 2020 Neighborhood Stabilization Program (NSP) Annual Work Plan
Allocation (MF# BGAP 2019-005)
51 - 61 (f) Code Amendment: Street Improvements in RS-12 and RS-20 Zoning
Districts (MF# CA 2019-011)
62 - 74 (g) PWRF Sediment Pond Cleanout - Bio Terra Environment Engineering
Contract
5. MISCELLANEOUS COUNCIL DISCUSSION:
6. EXECUTIVE SESSION:
7. ADJOURNMENT.
REMINDERS:
Page 1 of 74
Workshop Meeting August 12, 2019
• Monday, August 12, 12:00 p.m.-1:00 p.m.; Pasco Chamber of Commerce Lunch
Meeting - Pasco Red Lion
• Thursday, August 15, 4:00 p.m.-5:00 p.m.; Tri-Cities National Park Committee
Meeting - Bechtel Board Room, Tri-Cities Regional Business & Visitor
Center
• Friday, August 16, 10:00 a.m.-11:00 a.m.; Benton-Franklin Council of Governments
- Ben Franklin Transit, 1000 Columbia Park
Trail (Councilmember Barajas, Rep.; Councilmember Alvarado, 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 2 of 74
AGENDA REPORT
FOR: City Council August 7, 2019
TO: Dave Zabell, City Manager Workshop Meeting: 8/12/19
FROM: April Culwell, Executive Administrative
Assistant
Executive
SUBJECT: Agreement with Franklin County Historical Society
I. REFERENCE(S):
Letter from Dr. Richard Scheuerman, Historical Society Executive Director
Proposed Agreement
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
III. FISCAL IMPACT:
Current contract $9,500 annually; general fund
IV. HISTORY AND FACTS BRIEF:
The city has contracted with the Franklin County Historical Society since 1997 to
provide certain services to both the city and community as a whole. The agreement
modestly compensates Society for providing a reliable source of historical information
to community members. A popular and much commented venue has been the display
case in the City Hall lobby area.
The agreement is for a term of five (5) years, ending December 31, 2024.
V. DISCUSSION:
Discussion
Page 3 of 74
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4&1 H‘|STOR|CAL SOCIETY
305 North 4th St 'Pasco,WA 93301-5324 '509—547—37l4°info@fchsmuseum.com
July 10,2019
Mr.Dave Zabell,Manager
City of Pasco
525 North 3”‘Avenue
Pasco,Washington 99301
Dear Mr.Zabell,
Thanks so much for the abiding support provided by the City of Pasco to the Franklin County
Historical Society and Museum.In recent years this critical funding has provided archival,
research,and exhibit services for the city through successful operation of the museum.In
accordance with our agreement we have continued quarterly exhibits at City Hall
highlighting area history including the recent installation of panels for the recent "Trails,
Traditions &Toil"exhibit on area Hispanic culture.We've been pleased to hear very
favorable reports from local community members and visitors commenting on the various
museum upgrades made this past year to promote appreciation of our city and regional
heritage.
Enclosed please find an updated agreement for your approval between the City of Pasco and
the Franklin County Historical Society.On behalfofour Board of Trustees and museum staff,
please convey our sincere appreciation to the members of the City Council.
All the best for your continued good work benefiting area residents,celebrating diversity,
and safeguarding our priceless heritage.
Sincerely,\
@0424/
Dr.Richard Scheuerman
Executive Director
CITY OF PASCU
JUL 1 0 2019
CITY MAN/\(ilIRԤon I-IH
Page 4 of 74
AGREEMENT FOR SERVICES
CITY OF PASCO AND FRANKLIN COUNTY HISTORICAL SOCIETY
This agreement is made and entered into between the City of Pasco,a municipal corporation of the State
of Washington,hereinafter called “City”and the Franklin County Historical Society,a Washington non-
pro?t corporation,hereinafter called “Society,”
WHEREAS,the City desires to enrich the cultural and historical awareness of its citizens and to
provide a resource for materials concerning the history of the City of Pasco;and
WHEREAS,the City itself does not have the current ability in-house to provide such services and the
Franklin County Historical Society is desirous of performing such services for the City,NOW THEREFORE,
For the mutual considerations set forth herein the parties agree as follows:
Section 1.Term:This agreement shall be a term of ?ve (5)years,commencing on January 1,2019 and
ending on the 315‘day of December 2024,and shall renew armually on January 1 each year thereafter,provided,
however,either party may terminate this agreement by giving the other party at least ninety (90)days advance
written notice of their desire to tenninate.
Section 2.Scope of Work;The Society shall provide all labor,materials and tools at its own expense,
(except as stated otherwise herein),necessary to provide the City and the citizens of the Pasco the following
during the term of this agreement:
A.Resources:
I Maps of Pasco and southern Franklin County
I News clippings and brochures related to Pasco and southern Franklin County businesses,
homes and leading citizens.
0 Photographs documenting the history of Pasco,including aerial View of Pasco and southern
Franklin County.
Telephone and business directories from past years.
Books,manuscripts and other documents relating Pasco’s local history.
Notebooks containing alphabetized obituaries of Pasco citizens.
School yearbooks and memorabilia from local civic organizations and businesses.
B.Oral Histories:purchase camera,equipment,materials,and provide staff time to interview citizens
regarding their contribution to Pasco and Franklin County.
C.Exhibits:prepare in install historical displays quarterly in the exhibit cases at the entrance to City
Hall.
D.Speaker’s Series:provide a resource for citizens and civic organizations who are interested in
historical and/or educational programs.
E.Hispanic History Project:add artifacts,photographs and archival materials to the Society’s
collection which will better re?ect the cultural diversity of the greater Pasco community.
Section 3.Compensation:The Society shall receive annual compensation from the City during the term
of this agreement in the amount of nine thousand ?ve hundred dollars ($9500.00),in equal semi—armual
payments in March and September.
Page 5 of 74
DATED THIS day of ,2019
CITY OF PASCO IVRANKLINCOUNTY HISTORICAL SOCIETY
Matt Watkins,Mayor Lara Hastings,President
Sandy Johnson,Secretary
Page 6 of 74
AGENDA REPORT
FOR: City Council August 8, 2019
TO: Dave Zabell, City Manager Workshop Meeting: 8/12/19
FROM: Ken Roske, Deputy Police Chief
Police Department
SUBJECT: Fireworks Update & Recommendations
I. REFERENCE(S):
Fireworks Update & Recommendations Presentation
PMC 5.96.040
Ordinance 4385
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
In 2018, the City of Pasco lifted the ban on personal fireworks allowing the use of
consumer fireworks as defined by RCW 70.77.136. The new ordinance also enacted
restrictions on the sale and use of fireworks.
V. DISCUSSION:
As a follow-up to the post-event fireworks presentation to the City Council provided to
Council at the July 8, 2019 meeting, the police and fire departments will provide a
briefing on the 2019 fireworks season. The update will include historical information
concerning the fireworks ordinance enforcement, associated data and analysis, as well
as the prevalent comments expressed by the community as well as recommendations
for future seasons.
The emphasis for future years will be on education and increasing the access to legal
fireworks within the City of Pasco. If there are more retail locations for our community
members to purchase legal fireworks, they will be less likely to purchase fireworks in
another community that are not legal in Pasco.
Page 7 of 74
Staff anticipates some discussion on the possibility of amending PMC 5.96.040 to
increase the numbers of fireworks sales licenses within a twelve month period from
four to eight.
Page 8 of 74
Pasco City Council MeetingAugust 12, 2019Page 9 of 74
FireworksHistory:In 1996, the City of Pasco, along with Franklin County and the City of Kennewick, passed ordinances prohibiting the use of personal fireworks. This ordinance was passed as a result of a significant number of structural and wildland fires that occurred during the firework sale period beginning June 28 and ending July 5. Most of the fires were determined to have been caused by the discharge of illegal fireworks by citizens discharging personal fireworks.Page 10 of 74
What Changed?In May 2018, a revision was made to the City of Pasco's ordinance summarized as:The sale and use of consumer fireworks as defined by RCW 70.77.136."Consumer fireworks" means any small firework device designed to produce visible effects by combustion and..... (State Fire Marshall's Office regulates legal devices)Persons under the age of 16 may not possess, use, discharge or transport consumer fireworks except under supervision of an adult (18 or older).Restrictions on where consumer fireworks may be discharged.Restricts sale of consumer fireworks to commercially zoned propertiesRestricts dates and times of sale.Establishes licensing requirements, penalties and safety considerations
Page 11 of 74
Effect on Police CFSPage 12 of 74
Fireworks CallsClick to add textClick to add textClick to add text2019 DataPage 13 of 74
Fireworks Calls by Population2019 DataPage 14 of 74
Pasco PDFireworks SummaryCalls for Service (June 28 –July 5)•2018 – 221 CFS•2019 – 252 CFSCitation Issued – 2018: 8 2019: 18Warnings Issued – 2018: Not Tracked 2019: 54Crewing:27 Officers along with 9 Reserve Officers assigned to patrol functions and the 2 major fireworks events. Incurred approximately 14 overtime hours.Page 15 of 74
Pasco FD Response SummaryPage 16 of 74
Pasco FD2018 Incident SummaryFor the 24 hour period beginning 8:00 am July 4, 2018•42 total incidents•17 natural cover / trash fires•2 building fires –one result of improper disposal; one illegal fireworks•14 EMS incidents (none were fireworks related)•1mutual aid call•Richland Fire & EMS (commercial fire)•7 “other” incidents (cancelled, good intent, false alarm)•1 cooking fire (grease on grill)Page 17 of 74
Pasco FD2019 Incident SummaryFor the 24 hour period beginning 8:00 am July 4, 2019•26 total incidents•4 natural cover (2) / trash (2) fires•0 building fires•10 EMS incidents (none were fireworks related)•2 mutual aid calls •Richland Fire & EMS (residential fire)•Benton County Fire District 1 (EMS)•8 “other” incidents (cancelled, good intent, false alarm)•2 vehicle fires (neither fireworks related)Page 18 of 74
FD 2018 ResponsesAgency Fires Details Population* calls/thousand*Pasco 19 42 total responses; 2 building, 17 NCF/trash 73,590 0.26Richland 39 57 total responses, 18 not related to fireworks 55,320 0.70Kennewick 8 33 total responses 81,850 0.10West Richland (B4) 6 1 building, 5 NCF, few dumpster/trash 18,892 0.32Benton 12fireworks related 18,365 0.11Benton 21417 total responses, 3 not related to fireworks 7,507 1.86Benton 602 total responses, not related to fireworks 801 0.00WBFR no data 13,467 0.00Franklin 3214 total responses, 12 mutual aid 5,590 0.36Walla Walla 5 13 brush/trash 3,939 3.30
Page 19 of 74
FD 2019 ResponsesAgency Total Incidents Fires Details Population Fires/thousandPasco 26 6 2 vehicle, 4 NCF/trash, 10 EMS, 10 other 75,290 0.08Richland 39 9 4 NCF, 3 building, 1 MVA, 16 EMS, 18 other 56,850 0.16Kennewick 47 5 8 Fires ‐5 NCF, 3 mutual aid 83,670 0.06West Richland (B4) 19 8 8 NCF, 6 EMS, 1 MVA, 4 Mutual Aid 18,910 0.42Benton 115115 NCF, 1 MISCF, 5 CAT4, 4 EMS 18,671 0.59Benton 2922 NCF, 5 Mutual Aid, 2 EMS 7,621 0.26Benton 60no data 801 n/aWBFR (Prosser) 2 1 1 CAT4, 1 EMS 13,452 0.07Franklin 3301 MVA, 2 mutual aid 5,885 0.00Walla Walla 511NCF (not reported through SECOMM) 3,959 0.25Page 20 of 74
Community ContactLegal fireworks vs. illegal fireworks:•Difficult to quantify. Generally about 10% of the calls received were in reference to legal fireworks. The majority of the calls for service (~75%) were not specific enough for officers to locate the subjects involved or indicate the offender.Contact with the Public:•People generally stated they did not know some fireworks were illegal in Pasco. Expressed confusion as to which fireworks were illegal or they did not know there was a $250 fine for illegal fireworks.Page 21 of 74
Recommendations•More frequent media campaign beginning June 26 (two days prior to beginning of sales)•Education to coincide with utility billing prior to sales of fireworks (i.e. flyer included)•Facebook – City of Pasco, Pasco Police and Pasco Fire•Utility billing inserts•Prominent signage at fireworks stands showing what is legal in Pasco•Retailers provide customer handouts (per ordinance)•Allow additional retail stands (not limit as much per ordinance)•To encourage/facilitate local legal fireworks sales•Increased inspection frequency to ensure illegal fireworks aren’t being sold•Concentrated patrols based on previous years call for service data and adjust as neededPage 22 of 74
Pasco City Council MeetingAugust 12, 2019Page 23 of 74
5.96.040 Term of license | Pasco Municipal Code Page 1 of 1
The Pasco Municipal Code is current through Ordinance 4425, passed February 19, 2019.
5.96.040 Term of license.
There are two fireworks sales license terms for which an applicant may apply. The Fourth of July
license term shall commence at 12:00 a.m. on June 28th of each year; and terminate at 9:00 p.m. on
July 5th of each calendar year. The New Year’s license term shall commence at 12:00 noon on
December 27th of each year, and expire at 11:00 p.m. on December 31st of each year. The City will
issue a maximum of two wholesale distribution licenses, and only four fireworks sales licenses within
a 12-month period. If approved, the licenses will be issued on a first-come basis. [Ord. 4385 § 4, 2018;
Code 1970 § 5.80.040.]
Page 24 of 74
ORDINANCE NO. L/3 65
AN ORDINANCE of the City of Pasco, Washington
Amending Section 16.40.050 "Substitution for Section 5608 of
the IFC Fireworks"; Adopting Section 16.40.051 "Substitution
for Section 5601.1.3 of the IFC -Fireworks"; Amending
Section 16.40.060 "Amendment of Section 5608.2 Fireworks
Permits, to the IFC"; Adopting Chapter 5.80 "Fireworks Sales
and Wholesale Distribution"; and Amending Section 3.07.050
Business Licenses"
WHEREAS , the City of Pasco has found that fireworks when purchased and used in
compliance with the laws of the State of Washington and according to the provisions and
requirements of this Ordinance, are legal ; and
WHEREAS, the City of Pasco has found that its current Pasco Municipal Code
provisions banning the storage , sale, possession, or discharge of any fireworks shall be amended
to allow under certain conditions the sale and discharge of fireworks that are not specifically
banned. NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. That Section 16.40.050 entitled "Substitution for Section 5608 of the IFC
Fireworks " of the Pasco Municipal Code shall be and hereby is amended and shall read as
follows:
16.40.050 SUBSTITUTION FOR SECTION 5608 OF THE IFC -FIREWORKS
DISPLAY. Section 5608.1 of the International Fire Code is hereby amended to read as follows:
Section 5608.1 FIREWORKS DISPLAY: E1Ee~t as herein provided, it shall be unlfrWful for any
person to store, offer for sale, expose for sale or use , possess , fire , or diseharge any fireworks.
The Fire Chief shall have the authority to adopt reasonable rules and regulations for the granting
of permits for supervised public display of fireworks by the municipality, fair association,
amusement parks , and other organizations. Every such display shall be handled by a competent
operator approved by the Fire Chief. Every operator shall have first obtained a Washington State
Pyrotechnic license pursuant to RCW 70.77.305 and WAC Chapter 212-17 . The display shall be
of such a character, and so located, discharged or fired as in the opinion of the Fire Chief after
proper inspection, shall not be hazardous to property or endanger any person. Violation of this
subsection shall constitute a civil infraction punishable by a civil penalty not to exceed two
hundred and fifty dollars ($250 .00) for each violation . EXCEPTION£: Any person ha-ving the
neeessary lieenses from the State of Washington may possess and store fireworks in the City of
Paseo at 8:fl. appro,,ed loeation properly zoned therefore, for the purpose of the distribution of
sueh fireworks for retail sale outside the eity limits. (Ord . 4108 , 2013; Ord . 3694 , 2010; Ord.
3670 Sec. 12 , 2004 ; Ord. 3316 Sec. 14 , 1998.)
Ordinance -Fire Prevention Code - 1
Page 25 of 74
Section 2. That a new Section 16.40 .051 entitled "Substitution for Section 5601.1.3
of the IFC -Fireworks" of the Pasco Municipal Code shall be and hereby is adopted and shall
read as follows:
16.40.051
FIREWORKS .
SUBSTITUTION FOR SECTION 5601.1.3 OF THE IFC
1) The possession, manufacture , storage, sale, handling of fireworks are prohibited
except those permitted under subsection (2) below, or exempt under subsection (3) below.
2) Permitted Fireworks. Consumer fireworks as defined by RCW 70.77.136, which
are small devices designed to produce audible affects such as a whistling device, ground device
containing 50 milligrams or less of explosive materials , except aerial devices , or such other
devices that may be launched, discharged, or may become airborne . Approved consumer
fireworks for the purpose of this section shall be identified from the Washington State Patrol list
of consumer fireworks pursuant to RCW 70.77.575 and posted upon the City 's website at
www.pasco-wa.gov, and generally identified under the Washington State Patrol Fire Protection
Bureau -Prevention Division website as Consumer Fireworks for Sale in Tents and Stands.
3) Exceptions:
a) Storage and handling of fireworks as allowed in Section 5604 by persons
or entities having the required licenses from the State of Washington for manufacture,
storage and wholesale distribution of fireworks at a location zoned Industrial and
approved by the City for the purpose of the distribution of such fireworks for retail sale in
or outside City limits .
b) The use of fireworks for fireworks displays as allowed in Section 5608
Fireworks Display).
c) Possession, storage , sale , and handling of specific consumer fireworks as
defined in subsection (2) above.
4) The City Manager or his/her designee , after consulting with the fire chief, police
chief, other officials and information as deemed appropriate, may prohibit the discharge of all
fireworks during periods of extreme fire emergency. The City Manager or his/her designee shall
consider relevant advisory notices from such organizations as Emergency Management Division
Washington, Franklin County Emergency Management and regional declarations of emergency
in making a decision to enact emergency restrictions on the discharge of fireworks.
5) Retail sales of permitted consumer fireworks, as provided in section (2) above ,
shall be allowed within City limits in certain zones and during specific dates of each year and
also subject to other criteria as provided for in this chapter and in PMC 5.80 "F ireworks Sales
and Wholesale Distribution."
Ordinance -Fire Prevention Code - 2
Page 26 of 74
6) Discharge of Fireworks . Permitted consumer fireworks may be used for
discharge only on the dates and times permitted by RCW 70.77.395 , consisting of each day
between the hours of 12 :00 noon and 11:00 p .m . on the 28th day of June ; between the hours of
9:00 a.m . and 11 :00 p.m. on the 29th day of June to the 3rd day of July; on the 4th day of July
between the hours of 9:00 a.m. and 12 :00 midnight ; between the hours of 9:00 a.m. and 11 :00
p .m . on the 5th day of July; and from 6:00 p .m. on the 31 st day of December until 1 :00 a .m. on
the 1st day of January the subsequent year.
7) Limitation on Use .
a) Supervision. It shall be unlawful for a parent, guardian, or other person
responsible for a child under the age of sixteen (16) to allow that child to possess , use ,
discharge , or transport any fireworks unless that child is under the immediate supervision
of an adult. It shall be unlawful for any person under the age of sixteen (16) to possess ,
use, discharge , or transport any fireworks unless under immediate supervision of an adult
18 years old or older). It shall be unlawful for any person or entity to sale or gi ve
fireworks to anyone under the age of sixteen (16) years unless that person is under the
immediate supervision of an adult (18 years old or older).
b) Smoking and the discharge of fireworks shall be prohibited within 100
feet of any building or stand in which fireworks are sold at retail or stored after hours , or
to discharge or permit discharge of fireworks in close proximity to any structure ,
combustible material , or person creating unreasonable risk of harm.
c) It is unlawful to use , fire , or discharge any fireworks along the route of or
during any parade or other place of public assembly , or in any commercial district.
d) It is unlawful at any time to throw or toss any fireworks at any person ,
animal , vehicle, thing or object.
e) It is unlawful to have in possession, use , fire , or discharge any fireworks in
any public park within the City, including vehicle parking areas , within or adjacent to a
park.
8) Violation of this Chapter shall constitute a civil infraction punishable by a civil
penalty of not less than $250.00 for each violation. Each discharge of a non-permitted firework
shall be deemed a separate offense.
Section 3. That Section 16.40.100 entitled "Amendment of Section 5608.2 Fireworks
Permits , to the IFC " of the Pasco Municipal Code shall be and hereb y is amended and shall read
as follows:
16.40.100 AMENDMENT TO SECTION 109.4 VIOLATIONS AND PENALITES
OF THE IFC. Section 109 .4 of the 2015 International Fire Code is amended to read as follows:
Section 109.4 Violations -Penalties: Except for violations of PMC Section 16.40.051, any
person, firm or corporation violating a provision of this chapter which is not also a violation of
Ordinanc e -Fire Prevention Code -3
Page 27 of 74
any other provisions of this Title or the codes adopted thereby, or shall fail to comply with the
requirements thereof or who shall erect, install , alter, repair, or do work in violation of the
approved construction documents or direction of the fire code official, or of a permit or
certificate used under the provisions of this chapter, or operate or maintain an occupancy,
premises, or vehicle subject to this chapter who allow a hazard to exist or fail to take immediate
action to abate a hazard on such occupancy, premises , or vehicle when ordered to do so by the
fire code official , shall be guilty of a gross misdemeanor. Each day that violation continues after
due notice has been served , shall be deemed a separate offense. (Ord. 4296 , 2016 ; Ord . 4108 ,
2013 ; Ord. 3964, 2010; Ord. 3670 Sec. 12 , 2004 ; Ord . 3316 Sec. 14 ,1998.)
Section 4. That a new Chapter 5.80 entitled "FIREWORKS SALES AND
WHOLESALE DISTRIBUTION " of the Pasco Municipal Code shall be and hereb y is adopted
and shall read as follows :
Sections:
5.80 .010
5.80 .020
5.80 .030
5.80 .040
5.80 .050
5.80 .060
5.80 .070
5.80.080
5.80.090
5.80.100
5.80.110
Chapter 5.80
FIREWORKS SALES AND WHOLESALE DISTRIBUTION
License Required.
Premises .
Permit Fee.
Term of License.
Application for License .
Investigation and Determination.
Timing for Filing of Application .
Fireworks Sales Requirements.
Code Infraction -Civil Penalty.
Revocation of License .
Appeal.
5.80.010 LICENSE REQUIRED . It shall be unlawful for any person or entity to
conduct, operate, sponsor, distribute, or promote a retail fireworks sales business for the purpose
of buying or selling fireworks without a license issued by the City pursuant to the provisions of
this chapter. A separate license shall be required for each retail and distribution location.
5.80 .020 PREMISES . The business of selling or distributing retail consumer
fireworks shall be conducted only within a temporary stand or tent as approved by the City Fire
Marshal at a location that meets the distance requirements as provided below within a
commercial zone.
5.80 .030 PERMIT FEE . The nonrefundable fee for this fireworks sales business
license shall be set forth in PMC 3.07.050(E)(13 ). A separate fee shall be imposed for each
license term (Fourth of July and the New Year 's license term).
Ordinance -Fire Prevention Code - 4
Page 28 of 74
5.80 .040 TERM OF LICENSE . There are two (2) fireworks sales license terms for
which an applicant may apply. The Fourth of July license term shall commence at 12 :00 a.m. on
the 28th of June of each year; and terminate at 9:00 p .m. on the 5th day of July of each calendar
year. The New Year 's license term shall commence at 12:00 noon on the 27th day of December
of each year, and expire at 11 :00 p.m. on the 31 st of December of each year. The City will issue
a maximum of two (2) wholesale distribution licenses , and only four ( 4) firework sales licenses
within a 12-month period. If approved, the licenses will be issued on a first come basis .
5.80 .050 APPLICATION FOR LICENSE. Any person or entity desiring to secure
a fireworks sales license shall make application through the City 's Business Licensing Service
on a form to be provided by the City which shall include , but not be limited to the following:
1) The name or names and address of the applicant , the location or locations upon
which the fireworks sales shall be conducted , and a notarized written authorization from the real
property owner of the location or locations upon which fireworks sales shall occur.
2) A valid Washington State license and proof of a liability insurance policy with
coverage of not less than $50 ,000 ; and $500,000 for bodily injury liability for each person or
occurrence , respectively; and not less than $50 ,000 for property damage liability for each
occurrence, or such policy as may comply with the requirements ofRCW 70 .77 .270.
5.80.060 INVESTIGATION AND DETERMINATION . Upon receipt of the
completed application, supplemental documentation, and the application fee , the City Business
Licensing Service shall refer the application to the City Fire Marshal , who shall conduct an
investigation and inspection of the applicant , business activity, and business locations to
determine compliance with applicable codes , siting requirements , eligibility of the applicant,
including the applicant's past compliance with applicable rules , regulations , and ordinances. The
Fire Marshal shall submit a report of findings and a determination to approve or deny the license
application. Denial of the application may be appealed by the applicant as provided below .
5.80 .070 TIMING FOR FILING OF APPLICATION. An application for fireworks
sales business license for the Fourth of July license term shall be submitted no later than June 11,
2018 for the 2018 calendar year. The application shall be granted or denied by the City on or
before 5:00 p.m. on June 20 , 2018 for the 2018 calendar year. In all the years thereafter, a
completed application shall be submitted to the City no later than May 10 which application shall
be approved or denied by June 10, or no more than thirty (30) days after receipt of the completed
application, whichever date first occurs. Applications for the New Year 's license term shall be
submitted no later than November 10 of each year and shall be approved or denied by the City by
December 10 , or no more than thirty (30) days after receipt of the completed application,
whichever date first occurs .
5.80 .080 FIREWORKS SALES REQUIREMENTS .
A) Applications for license shall not be accepted nor license issued to individuals
under the age of eighteen (18) years of age. No person under the age of eighteen (18 ) years of
age shall be employed by the licensee in connection with the retail sales of fireworks.
Ordinance -Fire Prevention Code -5
Page 29 of 74
B) Retail sales of consumer fireworks shall only be allowed within the City from
12 :00 noon to 11 :00 p.m. on the 28th day of June of each year; from 9:00 a.m. to 11 :00 p .m. on
each day from the 29th of June through the 4th of Jul y of each year; and from 9:00 a .m . to 9:00
p .m. on the 5th day of July for the Fourth of July license term . Sale of fireworks shall only be
allowed within the City from 12 :00 noon to 11 :00 p.m. on each day from the 27th of December
through the 31 st day of December of each year during the New Year 's license term as required by
RCW 70 .77.136 .
C) Fireworks sales shall only be permitted in commercial zones within the City.
D) Fireworks inventory, storage and sales shall only be permitted within temporary
stands or tents as approved by the Fire Marshal of the City, and shall be prohibited within
permanent structures or the locations which pose a safety risk.
E) Fireworks stands shall provide no smoking signs in red letters , not less than 2" in
height, on white background. All signs shall be maintained in a legible condition and shall be
placed and displayed so as to be clearly visible and readable a minimum of 20 feet from the
location in which fireworks are sold or stored .
F) Each firework sales location shall have not less than two water-type extinguishers
of not less than two and one-half gallon capacity or the equivalent.
G) There shall be at least two exits from all stands and temporary structures from
which fireworks are sold . The two exits shall be unobstructed and open from the ground level to
at least six feet in height.
H) There shall be no accumulation of dry grass , paper, cardboard, trash , lumber, or
other combustibles within 100 feet of any fireworks sales location.
I) Fireworks shall not be sold within 100 feet of any flammable or combustible
liquid or liquid petroleum gas dispenser.
J) The fireworks sales stand used for the sale of fireworks shall be removed from the
premises no later than seven (7) days from the last date of sales. Any stand or structure
remaining beyond this date may be removed by order of the Pasco Chief of Police at the expense
of the licensee or property owner.
K) The fireworks business licensee shall distribute, with each sale of fireworks ,
safety literature as approved by the City of Pasco Fire Marshal. The Fire Marshal may require
approved safety posters to be mounted in conspicuous locations at each fireworks sales location.
L) It is unlawful for any person or entity to sale or give fireworks to anyone under
the age of sixteen (16) unless that person is under the immediate supervision of an adult (18
years of age or older). Signs shall be posted prominently at each fireworks sales location which
state :
Ordinance -Fire Prevention Code - 6
Page 30 of 74
IT IS UNLAWFUL TO SALE OR GIVE FIREWORKS TO ANYONE
UNDER THE AGE OF SIXTEEN (16) YEARS UNLESS THAT
PERSON IS UNDER THE IMMEDIATE SUPERVISION OF AN
ADULT EIGHTEEN (18) YEARS OF AGE OR OLDER. IT SHALL BE
UNLAWFUL FOR A PARENT , GUARDIAN , OR OTHER PERSON
RESPONSIBLE FOR A CHILD UNDER THE AGE OF SIXTEEN (16)
YEARS OF AGE TO ALLOW THAT CHILD TO POSSESS , USE ,
DISCHARGE , OR TRANSPORT ANY FIREWORKS UNLESS THAT
CHILD IS UNDER THE IMMEDIATE SUPERVISION OF AN
ADULT."
M) Smoking and the discharge of fireworks shall be prohibited within 100 feet of any
fireworks sales location .
N) There shall be prominently posted at each fireworks sales location a list of the
fireworks that may be sold to the public and approved for sale within the City of Pasco as
required by RCW 70.77.580 .
0) The fireworks business license shall be conspicuously posted at each fireworks
sales location and shall be produced for inspection upon the request of any authorized City
official or employee.
P) The firework sales location cannot be within 50 feet of any structure and cannot
be within 25 feet of any property line or City right-of-way . The actual location of structures and
improvements must comply with the approved site plan.
5.80.090 CODE INFRACTION -CIVIL PENALTY. Any person or entity
violating any of the provisions or failing to comply with any requirements of this chapter, upon a
finding that the act or omission has been committed, shall be guilty of a civil infraction and shall
be punished by a fine of not less than one hundred fifty dollars ($150.00) no more than three
hundred fifty dollars ($350.00). Each such person or entity is guilty of a separate infraction for
each and every day during any portion of which any violation of any provision of this chapter is
committed, continued or permitted by such person or entity and shall be punished as stated
above.
5.80.100 REVOCATION OF LICENSE . Any license issued under this Chapter
may be revoked , in writing , by the City Manager upon determination by the City Fire Marshal
for any of the following causes:
A) Any fraud , misrepresentation, or false statement contained in the application for
the license .
B) Any fraud , misrepresentation, or false statement made in connection with the
selling of any products at the fireworks sales location.
Ordinance -Fire Prevention Code -7
Page 31 of 74
C) Any violation of this chapter.
D) Causing or permitting an unreasonably dangerous condition to exist, or conduct or
action at a fireworks sales location that creates an unreasonable risk of harm.
E) Conducting the business license under this chapter in an unlawful manner or in
such a manner as to constitute a breach of the peace or to constitute a substantial risk to the
health, safety and general welfare of the public.
5.80.110 APPEAL. Any applicant of licensee aggrieved by the denial of an
application for a license, or by the revocation of a license, shall have the right to an appeal before
the City Hearing Examiner pursuant to PMC 2.19.080(G). Any appeal must be submitted in
writing and filed with the City Clerk no later than fourteen (14) calendar days after the notice of
decision has been served upon, or mailed by certified mail, to the applicant or licensee address
contained in the license application, including a written statement setting forth the grounds for
the appeal.
Section 5. That Section 3.07.050 entitled "Business Licenses" of the Pasco
Municipal Code shall be and hereby is amended and shall read as follows:
3.07 .050 BUSINESS LICENSES
A) License Base Fee
B) Employee Fee -per full time equivalent
C) Late Penalty:
1) Rentals -Dwelling units, per license
D) Rental Dwellings -includes first unit
No maximum fee)
Each additional unit
E) Special Events :
1) Athletic, Competitive or Festival
2) Auction Sales -for 3 days
3) Carnivals & Circuses -first day fee
a) Each and every day after first
4) Concert
5) Dance Hall -without liquor
6) Dance Hall -with liquor
7) Demonstration
Ordinance -Fire Pr evention Code -8
Fee/Charge
80.00
20.00
20% of amount due
50.00
10.00
25 .00
75.00
275.00
125.00
25.00
75.00
350 .00
15 .00
Reference
5.04.160
5.04 .160
5.78.018
5.78.018
5.78.018
5.25 .070
5.25.070
5.25.070
5.25 .070
5.25.070
5.25.070
5.25.070
5.25.070
Page 32 of 74
8) Outdoor Music Festival $25.00 5.25.070
9) Parade $15.00 5 .25 .070
10) Public Dance $15 .00 5.25.070
11) Temporary Special Sales Event -$40.00 for the first 5 .25 .070
maximum for event $500 .00) v endor
a) Each additional vendor $20.00
12) Street and Intersection Closure $50 .00 5.25.115
Review Fee (A)(5)
ill Fireworks Sales and Wholesale 3.07.050
Distribution
a} Fourth of July License Term $115.00 5.80.030
fire safety insi2ection ($75 .00}
license fee ($40 .00}
b} New Year License Term $115 .00 5.80.030
fire safety ins12ection (~75.00}
license fee ($40.00}
F) Solicitors $150.00 5.08.050
G) Pawnshop $250.00 5.12 .012
H) Amusement Device Distributor $500.00 5 .20.100
1) Amusement Device User -1-6 machines $50.00 5.20 .100
2) Amusement Device User -6+ machines $100 .00 5 .20.100
I) Adult Entertainment Facility: $700.00 5.27.110
1) Adult Entertainer $150 .00 5 .25.110
2) Adult Waitperson $150.00 5.27.110
3) Adult Ent. Bus. Mgr. $150.00 5.27.110
J) Taxicab & Transportation Network
Company Licensing
1) Annual For-Hire (Taxicab/TNC) 5.45A.040
Business License Application Rev iew
And Business License Fee in the
amount as follows :
Companies employing or contracting $300.00
w ith ten (10) or fewer dri v ers .
Ordinance -Fire Prevention Code - 9
Page 33 of 74
Companies employing or contracting $700.00
with eleven (11) to forty ( 40) dri vers .
Companies employing or contracting $2 ,000.00
with forty-one ( 41) or more drivers.
2) Annual For-Hire Driver Business $40 .00 5.45A.050
License
3) Photograph (as applicable) $5 .00 5.45A.060
4) Fingerprints ( as applicable) $10.0~ 5.45A.060
5) Criminal History Check ( as applicable) $30 .00 5.45A.060
6) WSP/FBI Criminal History Check $34 .75 5.45A.060
K) Sidewalk Sales No fee 5.56.010
L) Mobile Home Park
1) Inspection fee $20.00 19.12.030
M) Yard Sale Permit No Fee 5.52.020
1) Yard Sale Sign Violation $50.00 17.050.020
Ord. 4372 , 2017 ; Ord. 4342 , 2017 ; Ord . 4321 , 2016 ; Ord. 4154 , 2014 ; Ord . 4100 , 2013 ; Ord .
4074 ,2012 ;0rd.3857 ,2008 ;0rd.3766,2006;0rd.3764,2006 ;0rd.3759,2006;0rd.3543 ,
2002).
Section 6. This Ordinance shall take full force and effect five (5) days after its
approval, passage, and publication as required by law .
PASSED by the City Council of the City of Pasco , Washington, and approved as
provided by law this JJs/day of J.d~ , 2018 .
fl; -------
Matt Watkins , Mayor
APP ~D AS TO FORM: ~,,..~
Leland B. Kerr, City Attorney
Ordinance -Fire Prevention Code -10
Page 34 of 74
AGENDA REPORT
FOR: City Council July 22, 2019
TO: Dave Zabell, City Manager
Rick White, Director
Community & Economic Development
Workshop Meeting: 8/12/19
FROM: Angie Pitman, Urban Development
Coordinator
Community & Economic Development
SUBJECT: 2020 Community Development Block Grant (CDBG) Annual Work Plan and
Allocations (MF# BGAP 2019-003)
I. REFERENCE(S):
Proposed Resolution
Planning Commission Minutes Dated: 6/20/19 and 7/18/19
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
CDBG Entitlement for 2020 is estimated at $1,129,071, which includes program
income and prior year reallocations.
IV. HISTORY AND FACTS BRIEF:
The City of Pasco receives an annual entitlement grant from United States Department
of Housing and Urban Development for the Community Development Block Grant
(CDBG) program authorized by Title I of the Housing and Community Redevelopment
Act.
The City’s grant allocation process is guided by Resolution 1969, approved in 1991,
which designates the Planning Commission as the Block Grant advisory committee and
addresses several community needs for which the CDBG program will provide
funding. The resolution places the highest priority on bricks and mortar physical
improvements and specifically excludes social service programs carried on by non-
profit organizations and governmental agencies designed to provide health, welfare,
and educational activities for individual persons. Recreation programs operated by the
Page 35 of 74
City do not fall under this definition of social service programs.
A "Request for Proposals" for 2020 CDBG funds was published in the Tri -City Herald
and Tu Decides newspapers in May. Thirteen (13) requests for grant funding were
considered totaling $2,011,605.
The Planning Commission held public hearings and discussion at the June 20, and July
18, 2019 meetings. The public hearings solicited public comment on any application
for funding, or reallocation for the City of Pasco 2020 Community Development Block
Grant (CDBG) Program. At the public hearings, thirteen (13) presentations were made
relating to proposed activities.
V. DISCUSSION:
18, July at the for recommendations presented Staff funding Planning 2019
Commission Meeting. The Planning Commission recommended approval of funding
recommendations as presented.
After a HUD financial monitoring visit in late July and after the Planning commission
made their funding recommendation to Council, HUD recommended all program
income generated and retained from the Pasco Specialty Kitchen Technical Assistance
activity be included in the Annual Action Plan. Therefore, the recommended activity
allocation the Specialty Pasco from program CDBG estimated includes income
Kitchen activity. The increase from $100,000 to $167,105 is an administrative
amendment and is reflected in the proposed Resolution.
There is always some question regarding funding levels approved by Congress. Actual
available funding for these FY 2020 activities will remain in question until the early
part of 2020 when the award is made. Staff recommends all projects not recommended
for whole or partial funding be put in the 2020 annual action plan as contingency
projects should funds become available. An amendment to the Annual Action Plan
would be necessary to allocate unobligated funds to any project not in t he plan. If
funding be will funding activity estimated, higher lower or are levels than
proportionately adjusted prior to submission of the plan.
Page 36 of 74
RESOLUTION NO. _________
A RESOLUTION approving the Program Year 2020 Community Development Block Grant
Allocations and Annual Work Plan.
WHEREAS, staff has prepared the Program Year 2020 Annual Work Plan for activities totaling
$1,129,071 from estimated entitlement, program income and prior year reallocation funds; AND
Now, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO:
Section 1. That the Pasco City Council hereby approves the Annual Work Plan as follows:
Activity Funding
CDBG Program Administration $ 140,000.00
Civic Center -Youth Recreation Specialist $ 20,000.00
Martin Luther King Community Center Recreation Specialist $ 20,000.00
Senior Citizen's Center Recreation Specialist $ 20,000.00
Martin Luther King Recreation Programs $ 20,000.00
Theraputic Recreation Program Scholarship $ 5,000.00
Recreation Scholarship Program $ 4,000.00
Pasco Specialty Kitchen $ 167,105.00
Code Enforcement Officer $ 70,000.00
**Contingency: CHIP Owner Occupied Minor Rehabilitation $ 102,882.00
**Contingency: CHIP Rental Minor Rehabilitation
**Contingency: PSK Facility Improvements-Hood Expansion Project
**Contingency: Downtown Physical Improvements $360,084.00
DEBT REPAYMENT - SECTION 108 LOAN $200,000.00
TOTAL $ 1,129,071.00
Section 2. That the Pasco City Council hereby approves unfunded and partially funded
projects above as contingencies in the annual action plan; and
Section 3. If entitlement funds are less than estimated, program administration and public
services will be reduced to do not exceed limits, City projects may be voluntarily reduced, and all other
projects will be proportionately reduced; and
Section 3. That the City Manager or his delegate is authorized to sign all agreements in
accordance with the 5-Year Consolidated Plan and Annual Action Plan Supplements previously
approved by Council.
PASSED by the City Council of the City of Pasco this _____day of _______________, 2019.
_____________________________
Matt Watkins
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Angela Pashon Kerr Law Group
Interim City Clerk City Attorney Page 37 of 74
MINUTES
PLANNING COMMISSION MEETING
City Hall – 525 North Third Avenue – Council Chambers
THURSDAY, JUNE 20, 2019
7:00 PM
PUBLIC HEARINGS:
B. Block Grant 2020 Community Development Block Grant (CDBG)
Allocations (MF# BGAP 2019-003)
Chairperson Myhrum read the master file number and asked for comments from staff.
Rick White, Community & Economic Development Director, discussed the 2020 Community Development
Block Grant (CDBG) Allocations. The purpose of CDBG is to preserve and develop viable urban
communities; expand economic opportunities, provide decent affordable housing and create/sustain a
suitable living environment. The program requirements are: HUD approved 5-year Consolidated Plan
(goals and strategies for spending), Annual Action Plan Supplement (carries out annual goals and
objectives each program year), Consolidated Annual Plan Evaluation Report (evaluates the Annual Action
Plan performance) and Citizen Participation. The criteria for selecting programs for funding include:
Meets a national objective to benefit low-moderate income persons in Pasco, Meets eligibility criteria
defined in 24CFR570, Meets Consolidated Plan goals and objectives, Meets local priority needs
(Resolution 1969), Qualified applicant demonstrates capacity and Project scope and budge exhibits
feasibility.
Resolution 1969, designates the Planning Commission as advisory board. It considers projects that
address: housing, parks, community sponsored recreation, infrastructure, community facilities, economic
development, removing substandard/hazardous conditions, planning and other physical improvements
as priority. It allows capital improvement of facilities that house social agencies. It states that social
services such as health, education and welfare are not allowable.
The City of Pasco anticipates an entitlement of $700,000 for the program year of 2020, program income
(from NSP Program Conversion) of $80,468 and prior year reallocations of $260,084 for the total of
$1,040,552 available funds for use in 2020. Staff has received 14 proposals that total $1,864,075, meaning
there is a deficit for funds requested and what will be available of $823,523. The Planning Commission
will need to recommend to City Council which projects to fund.
Mr. White briefly addressed the program proposals that were included in the staff report to the Planning
Commission. The proposals were for: City Program Administration, three City employment opportunities
for youth and senior center recreation, YMCA Operations at the MLK Community Center, Parks &
Recreation Scholarship Fund, Technical and Arc Therapeutic Recreation Scholarship Fund, Downtown
Specialty Kitchen Incubator Kitchen, CHIP – Housing Rehabilitation Program, The Heritage Demonstration
Garden and Parking (Franklin County Historical Museum), Pasco Specialty Kitchen Facility Rehabilitation,
Code Enforcement Officer, Business District Improvements and the Section 108 Repayment (Revitalize
Peanuts Park and street improvements).
Page 38 of 74
MINUTES
PLANNING COMMISSION MEETING
City Hall – 525 North Third Avenue – Council Chambers
THURSDAY, JUNE 20, 2019
7:00 PM
There were questions and discussion between Commissioners and Staff regarding the content in the staff
report, the proposals and requested allocations.
The public hearing was opened for public testimony.
Steve Howland, Richland, spoke in support of his application for the MLK Community Center Recreation
Programs in Pasco.
Julie Funfar, Pasco, spoke in support of her application for the Franklin County Historical Museum Heritage
Demonstration Garden and Parking.
Donna Tracy, Richland, spoke in support of her application for the Arc of Tri-Cities Therapeutic Recreation
Program Scholarship.
There was no further discussion and the public hearing was left open for the next Planning Commission
meeting in July.
Page 39 of 74
MINUTES
PLANNING COMMISSION MEETING
City Hall – 525 North Third Avenue – Council Chambers
THURSDAY, JULY 18, 2019
7:00 PM
PUBLIC HEARINGS:
C. Block Grant 2020 Community Development Block Grant (CDBG)
Allocations (MF# BGAP 2019-003)
Chairperson Roach read the master file number and asked for comments from staff.
Rick White, Community & Economic Development Director, discussed the 2020 Community Development
Block Grant (CDBG) Allocations. This is the second public hearing for this item. The first hearing public
testimony and comments were received. Included in the staff report were staff recommendations for the
allocations, including one new project for affordable/emergency housing assistance.
There was no further public testimony or comments.
Commissioner Cochran moved, seconded by Commissioner A. Campos, the Planning Commission close
the public hearing and recommend the City Council approve the use of funds for the 2020 Community
Development Block Grant Program as set forth in the “2020 Fund Summary” as recommended by Staff.
The motion passed unanimously.
Page 40 of 74
AGENDA REPORT
FOR: City Council July 22, 2019
TO: Dave Zabell, City Manager
Rick White, Director
Community & Economic Development
Workshop Meeting: 8/12/19
FROM: Angie Pitman, Urban Development
Coordinator
Community & Economic Development
SUBJECT: 2020 HOME Annual Work Plan and Allocation (MF# BGAP 2019-004)
I. REFERENCE(S):
Proposed Resolution
Planning Commission Minutes Dated: 6/20/19 and 7/18/19
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
Pasco's share of Federal HOME funds is $207,000 (including program income).
IV. HISTORY AND FACTS BRIEF:
Pasco entered into a HOME Consortium Agreement with Richland and Kennewick in
1996 making the City eligible for Federal HOME funds. Every three years, during the
renewal the from withdraw to opportunity the given are cities member cycle,
consortium, make changes to the cooperative agreement, or select a new Lead Agency.
In April 2019, the Consortium renewed the Agreement through December 31, 2022.
HOME funds are allocated based on need and income eligibility and may be used
anywhere within the city limits, however, neighborhoods designated as priority by
Pasco in targeted first is Funding receive first the Council City consideration.
Longfellow and Museum neighborhoods, then within low-moderate income census
tracts (201, 202, 203 and 204).
If HOME funds cannot be applied to those areas, then they are used as needed within
Page 41 of 74
the Pasco city limits for the benefit of eligible low-moderate income families.
V. DISCUSSION:
The City is restricted to using HOME funds for down payment assistance for first time
homebuyers in accordance with the Tri-Cities HOME Consortium Cooperative
Agreement approved by all three cities in 2010, renewed in 2019.
From 2015 through 2018, HOME funds provided down payment assistance to 71 Pasco
first time homebuyers at a maximum of $10,000 per loan. In program year 2019, only
two (2) down payment assistance loans have been funded to date. A program change
allowing down payment assistance up to a maximum 20% of the purchase price is
expected to again make homeownership affordable for first time homebuyers. The loan
is a silent second, zero percent, deferred payment loan. Additional funds are available
up to $4,000 for eligible closing costs that may be forgiven after six (6) years.
Estimated HOME entitlement funds totaling $207,000 (including program income) will
be available to provide down payment assistance for an estimated four (4) or more first
time homebuyers in 2020, based on need. Staff presented recommendations for funding
at the July 18, 2019 Planning Commission meeting. The Planning Commission
recommended approval of staff funding recommendations as presented.
If Council concurs with the recommendation of the Planning Commission, the
proposed resolution will be returned for Council action.
Page 42 of 74
RESOLUTION NO. __________
A RESOLUTION APPROVING FEDERAL 2020 HOME ANNUAL WORK PLAN AND
ALLOCATION
WHEREAS, the City of Pasco together with Kennewick and Richland renewed a cooperative
agreement in 2019 continuing participation through 2022 in the Consortium originally formed in 1996
under the Home Investments Partnership (HOME) Program; and
WHEREAS, the Consortium allows the three cities to be eligible for federal HOME funds; and
WHEREAS, the City has established a Community Housing Improvement Program (CHIP); and
WHEREAS, $207,000 is expected to be available from entitlement funds, plus program income,
for Pasco HOME projects in program year 2020, NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO:
Section 1. That the 2020 HOME funds received by the City of Pasco shall be allocated to
the Community Housing Improvement Program (CHIP) First Time Homebuyer Assistance program
which operates city-wide with priority given to neighborhood improvement areas and low-moderate
income census tracts as follows, and;
PY 2020 Proposed Activities Budget Units
2020 Restricted for Administration $ 10,000
2020 Down Payment Assistance (max 20% of purchase) $181,000 4
2020 Closing Costs (up to $4,000, forgiven) $ 16,000
$207,000 4
Contingent Project
Permanent Supportive Housing Up to $800,000 50
Section 2. That the City Manager or his delegate is hereby authorized to sign all agreements
in accordance with the 5-Year Consolidated Plan, and Annual Action Plan Supplements previously
approved by Council.
PASSED by the City Council of the City of Pasco this day of , 2019.
CITY OF PASCO:
_____________________________
Matt Watkins
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Angela Pashon Kerr Law Group
Interim City Clerk City Attorney
Page 43 of 74
MINUTES
PLANNING COMMISSION MEETING
City Hall – 525 North Third Avenue – Council Chambers
THURSDAY, JUNE 20, 2019
7:00 PM
PUBLIC HEARINGS:
C. Block Grant 2020 HOME Fund Allocations (MF# BGAP 2019-004)
Chairperson Myhrum read the master file number and asked for comments from staff.
Rick White, Community & Economic Development Director, discussed the 2020 HOME Fund Allocations.
The cities of Pasco, Kennewick and Richland entered into a HOME Consortium Agreement in 1996 making
the City eligible for Federal HOME funds. The agreement was renewed through 2023 for the purpose of
housing improvement. Pasco’s share of the entitlement is estimated to be $107,000. In addition to the
entitlement, HOME program income (money from repayment of previous loans) is estimated to be
$100,000 for 2020 and may be used for Down Payment Assistance or an eligible Community Housing
Development Organization (CHDO) project depending on need.
Staff recommends allocating 2020 HOME entitlement funds to the First Time Homebuyer Down Payment
Assistance Program, a contingent project for new construction infill or tenant based rental assistance
should also be added if needed to meet timeliness.
There were questions and discussion between Commissioners and Staff regarding the content in the staff
report and requested allocations.
The public hearing was opened for public testimony.
There was no public testimony but the hearing was left open for the next Planning Commission meeting
in July.
Page 44 of 74
MINUTES
PLANNING COMMISSION MEETING
City Hall – 525 North Third Avenue – Council Chambers
THURSDAY, JULY 18, 2019
7:00 PM
PUBLIC HEARINGS:
D. Block Grant 2020 HOME Fund Allocations (MF# BGAP 2019-004)
Chairperson Roach read the master file number and asked for comments from staff.
Rick White, Community & Economic Development Director, discussed the 2020 HOME Fund Allocations.
This is the second public hearing for this item. Staff included recommended allocations in the staff report.
There was no further public testimony or comments.
Commissioner Bowers moved, seconded by Commissioner Cochran, the Planning Commission
recommend the City Council approve the use of funds for the 2020 HOME Investment Partnerships
entitlement as recommended by Staff. The motion passed unanimously.
Page 45 of 74
AGENDA REPORT
FOR: City Council July 22, 2019
TO: Dave Zabell, City Manager
Rick White, Director
Community & Economic Development
Workshop Meeting: 8/12/19
FROM: Angie Pitman, Urban Development
Coordinator
Community & Economic Development
SUBJECT: 2020 Neighborhood Stabilization Program (NSP) Annual Work Plan Allocation
(MF# BGAP 2019-005)
I. REFERENCE(S):
Proposed Resolution
Planning Commission Minutes Dated: 6/20/19 and 7/18/19
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
$101,882 from NSP Program Income
IV. HISTORY AND FACTS BRIEF:
The City of Pasco received Neighborhood Stabilization Program (NSP) entitlement
pass-through grant funds, authorized under Title III of the Housing and Economic
Recovery Act of 2008 (HERA) from Washington State Department of Commerce (WA
DOC).
The City recovered 16 foreclosed properties to date, more than double the estimated
amount. Down payment assistance was provided to 12 homebuyers, three below 50%
of median income accounting for 43% of the funds used. The City also purchased and
rehabilitated four homes, which were sold to income eligible homebuyers.
In May, 2016, NSP Closeout Agreement 08-F6401-014 was executed which included a
Program Income Reuse plan requiring at least 25% of program income received be
used to benefit persons 50% or below Area Median Income (AMI). At grant closeout,
Page 46 of 74
the City had $64,819 of unexpended program income. Since closeout, program income
received has increased this amount to $101,882 from payoff of NSP down payment
assistance loans.
V. DISCUSSION:
The city is able to convert NSP program income funds to the CDBG Program to
continue to recover foreclosed properties and offer down payment assistance in Pasco.
As of July 16, 2019, there is NSP program income on hand in the amount of
$101,882.18. This amount represents all program income less allocated expenses
collected since the grant close out. The city is requesting transfer of $101,882.18 of
NSP program income to the CDBG program and continued authorization to transfer
future program income.
Staff proposes the funds be used to provide homeowner assistance (DPA/owner
occupied rehabilitation) for up to three households located in target areas in the low -
moderate census tracts (201, 202, 203, and 204) or for a contingency project added for
Permanent Supportive Housing (50 units) to support priority homeless needs.
Planning 2018 19, the at July for recommendations presented Staff funding
Commission meeting. The Planning Commission recommended approval of staff
funding recommendations as presented.
If of the Planning CommissioCouncil concurs with the recommendation n, the
proposed resolution will be returned for Council action.
Page 47 of 74
RESOLUTION NO. __________
A RESOLUTION APPROVING THE 2020 NSP PROGRAM YEAR ANNUAL
WORK PLAN AND ALLOCATION
WHEREAS, the Neighborhood Stabilization Program (NSP) is authorized under Title III
of the Housing and Economic Recovery Act of 2008 (HERA), administered by the US
Department of Housing & Urban Development (HUD), and subject to both CDBG and HOME
regulations for the purpose of stabilizing neighborhoods negatively affected by foreclosures and
abandoned properties, and
WHEREAS, the City has requested transfer of NSP1 program income to its CDBG
program, and
WHEREAS, estimated program income funds totaling $101,882 are available to fund
CDBG eligible projects, NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO:
Section 1. That the Pasco City Council hereby approves the 2020 Neighborhood
Stabilization Program (NSP) Plan work plan allocation as follows:
2020 Proposed Activities Budget Units
Restricted for Administration 10% of PI (08-8014) $ 8,000.00
Down Payment Assistance/Minor Rehab (03-8014) $ 67,882.18 2
Down Payment Assistance/Minor Rehab **25% (04-8014) $ 26,000.00 1
**Households < 50% AMI $101,882.18 3
Contingent Project
Permanent Supportive Housing $100,000.00 50
PASSED by the City Council of the City of Pasco this _____ day of ___________, 2019.
_____________________________
Matt Watkins
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Angela Pashon Kerr Law Group
Interim City Clerk City Attorney
Page 48 of 74
MINUTES
PLANNING COMMISSION MEETING
City Hall – 525 North Third Avenue – Council Chambers
THURSDAY, JUNE 20, 2019
7:00 PM
PUBLIC HEARINGS:
D. Block Grant 2020 Neighborhood Stabilization Program (NSP) Fund
Allocations (MF# BGAP 2019-005)
Chairperson Myhrum read the master file number and asked for comments from staff.
Rick White, Community & Economic Development Director, discussed the 2020 Neighborhood
Stabilization Program (NSP) Fund Allocations. The City received $426,343 in CDBG funding for the
program in 2010. The City has recovered 16 foreclosed properties to date, more than double the
estimated amount. Down payment assistance has been provided to 12 homebuyers and the City has
purchased and rehabilitated 4 homes which have been sold to income eligible households. As of
December 2018, the City of Pasco shows program income on hand in the amount of $80,468. Staff is
requesting to transfer $80,468 of the program income from the Disaster Recovery Grant Reporting System
(DRGR) to the Integrated Disbursement Information System (IDIS) for receipt to the CDBG program as
program income.
Staff proposed the funds to be used to provide owner occupied rehabilitation for up to 3 households
located in target areas in the low-moderate census tracts (201, 202, 203 and 204).
There were questions and discussion between Commissioners and Staff regarding the content in the staff
report and requested allocations.
The public hearing was opened for public testimony.
There was no public testimony but the hearing was left open for the next Planning Commission meeting
in July.
Page 49 of 74
MINUTES
PLANNING COMMISSION MEETING
City Hall – 525 North Third Avenue – Council Chambers
THURSDAY, JULY 18, 2019
7:00 PM
PUBLIC HEARINGS:
E. Block Grant 2020 Neighborhood Stabilization Program (NSP) Fund
Allocations (MF# BGAP 2019-005)
Chairperson Roach read the master file number and asked for comments from staff.
Rick White, Community & Economic Development Director, discussed the 2020 Neighborhood
Stabilization Program (NSP) Fund Allocations. This is the second public hearing for this item. Staff
included recommended allocations in the staff report.
There was no further public testimony or comments.
Commissioner A. Campos moved, seconded by Commissioner Bykonen, the Planning Commission
recommend the City Council approve the use of funds for the 2020 Neighborhood Stabilization Program
(NSP) entitlement set forth above, as recommended by Staff. The motion passed unanimously.
Page 50 of 74
AGENDA REPORT
FOR: City Council August 2, 2019
TO: Dave Zabell, City Manager
Rick White, Director
Community & Economic Development
Workshop Meeting: 8/12/19
FROM: Jacob Gonzalez, Senior Planner
Community & Economic Development
SUBJECT: Code Amendment: Street Improvements in RS-12 and RS-20 Zoning Districts
(MF# CA 2019-011)
I. REFERENCE(S):
Proposed Ordinance
Report to Planning Commission Dated: 07/18/2019
Planning Commission Minutes Dated: 07/18/2019
Maps
Letter of Support (Ben Franklin Transit)
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
No direct impact.
IV. HISTORY AND FACTS BRIEF:
City Council and staff have placed an increased emphasis on providing a well-
connected adopted Council 2018, In transportation recent over network years.
(PMC policy That 12.15). Policy Complete a creating 4389 Ordinance Streets
emphasizes the considerations of all users of the right-of-way in the planning, design,
construction at promoting Efforts projects. transportation city of operation and
residential infill opportunities have also increased the need to ensure that
neighborhoods are connected via safe and efficient routes.
Currently, our RS-12 and RS-20 residential zoning districts allow optional street
improvements, streetlights. and gutters These sidewalks, as such curbs, street
improvements are required in all other new developments (residential) i n the city. The
Page 51 of 74
RS-12 and RS-20 residential zoning districts comprise about 15% of total city land and
make up about 35% of all residentially zoned land. The optional street improvements
are codified in the Pasco Municipal Code in three locations:
PMC 12.04.080 REQUIRED SIDEWALK AND DRIVEWAY IMPROVEMENT
PMC 12.36.050CONCURRENCY
PMC 21.15.030 STREETS
new for street requiring and improvements the removing believes Staff option
residential developments in the RS-12 and RS-20 zoning districts will help meet the
intent of the Complete Streets Ordinance and Comprehensive Plan policies and provide
a connected transportation network allowing for additional mobility options for our
residents.
The Planning Commission considered this item at the June 20th workshop as a public
hearing and voted for full recommendation to the City Council at the July 18th
meeting.
V. DISCUSSION:
encourage street require and/or agencies federal and state Regional, partner
improvements citing their benefits on safety, mobility and funding opportunities. The
AARP states that safe, accessible, and well-maintained sidewalks are a fundamental
community investment that enhances health and plays a vital role in community life.
The United States Department of Transportation and Federal Highway Administration
have produced guides and studies on the benefits of a well-connected transportation
network. Locally, the Benton-Franklin Council of Governments, Ben Franklin Transit
and the Washington State Department of Transportation have goals and policies aimed
at increasing mobility options in our communities within their long-range plans.
The City Council identified in its 2018-2019 Goals that consideration of policies and
methods sidewalks, addressing city coordination with Ben Franklin Transit and
integration of a non-vehicle travel as benefits to community safety and mobility.
The proposed code amendments, as drafted provides another option for the City to
meet the goals and policies identified by Council via the Comprehensive Plan along
with regional and state agencies promoting mobility efforts in the community.
Staff requests Council consideration of this proposed code revision.
Page 52 of 74
ORDINANCE NO. _______
AN ORDINANCE of the City of Pasco, Washington
Relating to Street Improvement Requirements for RS-12 and RS-20
Residential Zoning Districts and Amending the Pasco Municipal Code
WHEREAS, in 2018, the Pasco City Council approved Ordinance 4389 creating Chapter
12.15, adopting a Complete Streets Policy within the City of Pasco; and
WHEREAS, the City of Pasco is committed to the safety and health of its residents and
visitors; and
WHEREAS, the development of a more complete transportation network can improve
pedestrian safety, increase mobility options for residents and visitors and promote improvements
in public health; and
WHEREAS, the City does not require all street improvements to be made at the time of
development in the RS-12 and RS-20 residential zoning districts; and
WHEREAS, the City requires street improvements during the time of development or
redevelopment in all other zoning districts; and
WHEREAS, the City Engineer shall review and ensure adequate provisions are in
conformance with city standards and specifications per PMC 21.40.070(2)(b); and
WHEREAS, RS-12 and RS-20 zoning districts comprise 35% of all residentially zoned
land within the City; and
WHEREAS, improvements to the transportation network are necessary to keep up with the
added population growth of the City; and
WHEREAS, Policy TR-1-F of the Comprehensive Plan calls for the development of an
interconnected network of streets, trails and other public access ways; and
WHEREAS, Policy TR-2-D of the Comprehensive Plan encourages the greater use of
multi-modal transportation by providing safe and purposeful bicycle and pedestrian routes
WHEREAS, the 2011 Bicycle and Pedestrian Master Plan states that the absence of
concurrency requirements in RS-12 and RS-20 zones is a barrier to the goals of the plan and
recommended the revision to the PMC; and
WHEREAS, the Pasco City Council recognized the promotion of a highly-functional,
multi-modal transportation network as a City Council Goal. NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES
ORDAIN AS FOLLOWS:
Page 53 of 74
Section 1. That Section 12.04.080 of the Pasco Municipal Code is amended to remove the
stricken language:
12.04.080 Optional standards for the R-S-20 and R-S-12 districts.
Within the R-S-20 and R-S-12 zoning districts, the installation of sidewalk, curb, gutters
and street lights shall not be a mandatory permit requirement for new construction, but
rather may be installed at the option of the developer. [Ord. 2972 § 6, 1993; Code 1970 §
12.04.080.]
Section 2. That Section 12.36.050 of the Pasco Municipal Code is amended to remove the stricken
language:
12.36.050 Concurrency development standards.
(1) Street Improvements.
(e) Curbs, gutters, sidewalks and street lights are not required in RS-12 or RS-20
residential zones, but may be installed at the option of the developer.
Section 3. That Section 21.15.030 of the Pasco Municipal Code is amended to remove the stricken
language:
21.15.030 Street improvements.
(5) Curbs, gutters, sidewalks and street lights are not required in RS-12 or RS-20
residential zones, but may be installed at the option of the developer. [Ord. 3398 § 2, 1999;
Code 1970 § 26.12.030.]
Section 4. This ordinance shall be in full force and effect five days after passage and
publication as required by the law.
PASSED by the City Council of the City of Pasco, and approved as provided by law this
________ day of ____________________, 2019.
_____________________________
Matt Watkins, Mayor
ATTEST: APPROVED AS TO FORM:
________________________ __________________________
City Clerk City Attorney
Page 54 of 74
MEMORANDUM TO PLANNING COMMISSION
PLANNING COMMISSION MEETING
City Hall – 525 North Third Avenue – Council Chambers
DATE: THURSDAY, JULY 18th, 2019
7:00 PM
1
TO:Planning Commission
FROM:Jacob B. Gonzalez, Senior Planner
SUBJECT:MF # CA2019-011 – Street Improvements (RS-12 & RS-20)
City staff and Council have placed an increased emphasis on providing a more connected
transportation network over the past years. Recent changes to the Pasco Municipal Code to
promote infill development for housing has also increased the need for our transportation
infrastructure to meet improved standards. As the city works to coordinate land use and
transportation (infrastructure), additional refinements are necessary.
In 2018, the Pasco City Council adopted the Complete Streets Policy (PMC 12.15). The purpose
of the policy is to consider all users of the right-of-way in the planning, design, construction and
operation in city transportation projects. Currently, our RS-12 and RS-20 zoning districts do not
require street improvements to be made as lots are developed. While these two zones are our
lowest residential density zoning districts, they represent 15% of the city and 35% of
residentially zoned land. The lack of a requirement has decreased the connectivity and
efficiency of our transportation network and increased the need to address inadequate
standards of the adjacent infrastructure.
The city requires appropriate street improvements to be made in all other zoning districts at
the time of development. Additionally, many regional, state and federal partner agencies
encourage and/or require street improvements citing their benefits on safety, mobility and
funding opportunities.
The AARP states that safe, accessible, and well-maintained sidewalks are a fundamental
community investment that enhances health and plays a vital role in community life. The
United States Department of Transportation and Federal Highway Administration have
produced guides and studies on the benefits of a well-connected transportation network.
Locally, the Benton-Franklin Council of Governments, Ben Franklin Transit and the Washington
State Department of Transportation have goals and policies aimed at increasing mobility
options in our communities within their long-range plans.
The staff report includes an additional map displaying the results of a sidewalk inventory
conducted by in 2018. The map displays areas within the city, particularly the RS-12 and RS-20
zoning districts that have or do not have sidewalks in relation to schools, parks, and Ben
Franklin Transit facilities.
Staff has prepared the code amendments (attached) to the Pasco Municipal Code for your
consideration.
Page 55 of 74
2
RECOMMENDATION
MOTION: I move the Planning Commission recommend to the City Council the adoption of the
proposed code amendments for Street Improvements in the RS-12 and RS-20 residential zoning
districts as contained in the July 18, 2019 Planning Commission staff report.
Page 56 of 74
MINUTES
PLANNING COMMISSION MEETING
City Hall – 525 North Third Avenue – Council Chambers
THURSDAY, JULY 18, 2019
7:00 PM
OLD BUSINESS:
A. Code Amendment Code Amendment Regarding Sidewalk Requirements (MF#
CA 2019-011)
Chairperson Roach read the master file number and asked for comments from staff.
Jacob B. Gonzalez, Senior Planner, discussed the code amendment regarding sidewalks requirements. He
briefly explained updates to the sidewalk inventory map contained in the staff report.
There was discussion between Commissioners and Staff pertaining to ridership data, maps and the
timeline for the proposed code amendment.
Commissioner A. Campos moved, seconded by Commissioner Bykonen, the Planning Commission
recommend to the City Council the adoption of the proposed code amendments for street improvements
in the RS-12 and RS-20 residential zoning districts as contained in the July 18, 2019 Planning Commission
staff report. The motion passed unanimously.
Page 57 of 74
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS,USDA, USGS, AeroGRID, IGN, and the GIS User Community
Legend
Applicable Zones (RS-12 & RS-20)
City Limits
Pasco Urban Growth Boundary
¯
0 1 20.5 MilesPage 58 of 74
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS,LegendSidewalksBFT - StopsBFT - RoutesParksPasco School DistrictApplicable Zones (RS-12 & RS-20)City LimitsPasco Urban Growth BoundaryPage 59 of 74
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS,USDA, USGS, AeroGRID, IGN, and the GIS User Community
Legend
Buffer Distance (0.25mi)
Applicable Zones (RS-12 & RS-20)
City Limits
Pasco Urban Growth Boundary
¯
0 0.5 10.25 MilesPage 60 of 74
1000 Columbia Park Trail,Richland,WA 99352
/?t 509.735.4131 |509.735.1800 fax)www.bft.org/'RECEIVED
B EN FRANKLIN TRANSIT
*
June 5,2019 I
COMMUMTY&£CONCl!llCinPascoPlanningCommission'EVELOFMEM
525 N.Third Avenue
Pasco,WA 99301
Re:MF #CA20l9—O11—Street improvements to RS~12and RS—2OResidential Zoning
Dear Planning Commission:
Ben Franklin Transit (BFT)commends City of Pasco’s efforts to improve access through its complete
streets initiatives,as well as efforts to promote infill development.As you know,Pasco residents are
already more likely to use transit than other Tri—Citiesresidents,and,according to the Benton Franklin
Council of Governments (BFCOG)2018 sidewalk inventory,Pasco already has sidewalks in fair or better
condition on 75%of its street frontages (a much higher percentage than neighboring jurisdictions).The
proposed measures would help close the sidewalk gap in Pasco.
Additional development density and more sidewalks would enable more residents to walk from their
homes to a bus stop.With increased ridership,BFT can expand and improve service.Transit riders are
disproportionately younger (student age)and older (seniors).In addition,many of our riders have
disabilities.We commend your efforts to improve sidewalk access,but we also ask for heightened
diligence when approving sidewalk designs.The BFCOGstudy identified some form of obstacle,such as
utility poles,in 28%of sidewalks surveyed in Pasco.
The State of Washington endorses ”strategies that support increased bicycling and walking,as well as
greater use of public transportation,which are all shown to increase physical activity levels,contribute
to overall improved personal health,and reduce personal and public spending on health care.”BFT's
fixed route bus service depends on safe sidewalks to connect passengers to their destinations.
The City Council's 2018-2019 community safety action goals commit Pasco to a review of sidewalk and
streetlight inventories,and to support integration of pedestrian,bicycle and other non—vehicu|ar means
of transportation.We endorse the proposed changes to the RS~12 and RS-20 zones as a step toward
achieving the City's safety goals while helping BFT enable improved access to public transit.
Sincerely,
Gloria Boyce,Gener
Ben Franklin Transit
Manager
Cc:Keith Hall,Director of Planning and Service Development
Page 61 of 74
AGENDA REPORT
FOR: City Council July 30, 2019
TO: Dave Zabell, City Manager Workshop Meeting: 8/12/19
FROM: Steve Worley, Director
Public Works
SUBJECT: PWRF Sediment Pond Cleanout - Bio Terra Environment Engineering Contract
I. REFERENCE(S):
Draft Professional Services Agreement
Presentation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion and consensus to move forward with contract approval at next week's
Regular meeting.
III. FISCAL IMPACT:
Estimated cost of approximately $1.35 million.
The majority of the project will be funded through assessment to the PWRF food
processors as a maintenance expense and will be supplemented by the recent $500,000
grant awarded through Franklin County .09 Fund.
IV. HISTORY AND FACTS BRIEF:
Prior to 2016 nearly all of the solids in the waste streams from each of the Processors
passed through the PWRF and pumped directly to the crop circles. No facility was in
place to capture any of the organic or inorganic solids in the process water. This
caused numerous problems including premature wear and tear on the piping, pumps,
and equipment, clogged nozzles on the pivots and coated the crops with a film of dirt
such that the nitrogen uptake was significantly reduced and crop yields were adversely
impacted.
In 2013 the City began construction of the sedimentation basin (clarifier) to capture
sand and other solids that passed through the rotary screens process. This improvement
was intended to prevent solids from being conveyed to the crop circles eliminating the
Page 62 of 74
aforementioned performance issues. By 2016 staff determined the volume of sand and
other solids received from the processors was far greater than the design capacity of the
clarifier. In 2016 additional sand traps were installed to capture more sediment. At
that same time the 5MG EQ Pond (now referred to as the sedimentation pond) was
cleaned out and began being used to store the sediment captured and cleaned from the
clarifier, the sand traps and the other three larger storage ponds. These improvements
have helped to significantly enhance treatment and improve performance. However a
consequence is the need to store and disposal of the captured materials.
Over the past several years, City staff has used the 5M gallon pond to store granular
soils captured out of the industrial waste stream received at the PWRF, including solids
removed from the clarifier and the 12 one-thousand-gallon sand traps.
The storage pond is full and is a significant contributor to odors coming from the
facility. The pond also needs to be emptied address odors issues and to make room for
upcoming Phase 2 improvements.
Several alternatives to remove solids from the sedimentation pond were evaluated,
including an option to apply solids onto an Ecology approved land application
treatment facility. The City is aware of two Ecology approved land-treatment facilities
in the region; Natural Selections and BioTerra Environmental Engineering. These two
were chosen and quotes were requested. Bio Terra has the lowest price for cleaning the
sedimentation pond.
V. DISCUSSION:
Discussion
Page 63 of 74
PROFESSIONAL SERVICES AGREEMENT
PROCESS WATER REUSE FACILITY HOLDING POND SEDIMENT REMOVAL
THIS AGREEMENT is made and entered into this day of August 2019,by and between
City of Pasco (“Pasco”)and BioTerra Enviromnental Engineering (BioTerra),(“Company”).
WITNESSETH
WHEREAS,Pasco operates an industrial wastewater treatment plant known as the “Process Water
Reuse Facility”(“PWRF”)located north of Pasco in Franklin County,WA;
WHEREAS,the PWRF’s operations generate sand and other materials (organic and inorganic),also
known as Agricultural Residual Solids (“Products”),and;
WHEREAS,Pasco stores the Products in a holding pond located at the PWRF.
WHEREAS,Pasco desires to have 100%of the Products in the PWRF holding pond removed and
disposed of at a properly permitted site (“Land”)currently operated by Company;(the Project)
NOW,THEREFORE,in consideration of the foregoing recitals and in ?irther consideration of the
mutual covenants and agreements hereinafter contained,the parties hereto agree,subject to the terms and
conditions hereinafter set forth,as follows:
1)Initial Term.The initial term shall commence on the date this Agreement is executed and shall
expire upon completion of the Project,which will be after all Product has been removed as determined
by Pasco.
Since time is of the essence,the Company will work diligently to complete the project in as timely a
manner as possible.It is anticipated the Project will take approximately 140 calendar days (estimated
timeline of six months).Each day will be counted as a ‘working day’unless the parties determine it to
be an unworkable day.An unworkableday is defined as a day when the ground at either the PWRF or
the Land is deemed frozen and unsuitable for work designated in the Contract to be completed properly.
Each working day shall be charged to the Contract as it occurs,until the Contract work is physically
complete.Extensions of time can only be in writing with adequate justi?cation,subject to approval by
the Public Works Director or his/her representative.
2)Additional Term.Upon completion of the Project,this rate will stay fixed for a period not to exceed
5 years for any additional removal of materials.
3)Price Adjustments.None
4)Volume.During the Term of this Agreement,the Company shall accept from Pasco,all of the
Products generated at the PWRF;provided,however that Pasco shall be entitled to retain any quantity,
volume and/or amount of the Products that it desires to utilize for internal purposes.
Company hereby acknowledges and agrees:
(i)The quantity,volume and/or amount of Products that will be generated at the PWRF during
the Term of this Agreement is uncertain;
(ii)Pasco is not obligated or required to produce any minimum quantity,volume and/or amount
of the Products during the Term of this Agreement;and
(iii)Neither Pasco,nor any of Pasco’s officers,directors,employees,agents or representatives,
have made any express or implied promise,representation or guarantee that any minimum
Page 64 of 74
Professional Services Agreement —Process Water Reuse Facility Holding Pond Sediment Removal Page 2 of 6
quantity,Volume and/or amount of Products will be generated at the Facility during the Term
of this Agreement.
5)Price.During the Initial Term,and subject to any price adjustments mutually agreed upon by the
parties pursuant to Section 3 of this Agreement,Pasco shall pay $.0l5/LB for Company’s services.
There is an estimated 45,000 tons of Product to be removed from the PWRF holding pond.This results
in an estimated cost of $1,350,000.00.The total contract price will be based on the actual weight of
Product removed from the PWRF holding pond.
6)Coordination with Other Projects.During the course of this Project,other construction work will
be occurring at the PWRF.This includes,but is not limited to,the Foster Wells Force Main Project and
the Irrigation Pump Station (IPS)Project.Company agrees to coordinate their work with each
construction contractor working the PWRF site.Company understands there will be times when
underground construction work will affect access to/from the PWRF and/or holding pond such that
Company’s work will be delayed.No adjustment to compensationwill be provided for delays related to
impacts from these construction projects.
7)Regulatory Compliance.Company agrees to conduct business in a manner consistent with the
permit requirements issued through the Benton-Franklin Health Department and in accordance with
WAC 173-350.
Company represents that it has an agreement in place with the owner of Land making said Land available
for the land application purposes identi?ed in this Agreement,for the anticipated volumes of Products
from the PWRF,throughout the Term of this Agreement,and that it has full right and authority to enter
into this Agreement.
8)Weight.For purposes of pricing and invoicing,the weight for the Products shall be determined from
certi?ed scale tickets.Company shall not add any substance (water,etc.)to the Products that increases
the weight of material removed from the PWRF holding pond without first negotiating a weight
compensation/creditwith Pasco.
9)Sampling.Company shall be responsible for the sampling and testing of the Products to verify they
are in accordancewith the Company’s permits for removing,hauling and disposal.
10)Agricultural Residual Handling.Company shall notify Pasco of any Agreement the Company
enters into that could impact the hauling,processing,storage or land application of agricultural residual
solids from the PWRF.
ll)Payment/Deposit.A Project acceptance deposit of $65,000 shall be paid by Pasco to Company
within 10 days of contract signature.The Project deposit shall be credited to the ?nal invoice of the
Project.Company shall invoice Pasco for the Products processed on a monthly basis with net fifteen
(15)day terms.The invoice shall be based on Product weights indicated on the scale tickets issued to
Company or designated contract hauler.Monthly invoices for the Products from the PWRF will include
the number of loads delivered to Company’s site as well as the tare,gross,and net weight of each
load/container.
12)Rejection.Notwithstanding anything in this Agreement to the contrary,Company shall not be
obligated to accept any Products from Pasco in the event that they do not comply with the Company’s
permit.The Company shall provide Pasco with written notice of the occurrence.In the event that the
condition specified in Company’s written notice to Pasco is reversed,eliminated or otherwise resolved,
the Company shall be obligated to resume its acceptance of the Products from Pasco in accordance with
this Agreement.
Page 65 of 74
l3).Company shall be responsiblefor disposal of foreign material removed from the
Products prior to the Products being land applied.Company shall be responsible for all costs associated
with storage and disposal of foreign materials in a manner consistent with Benton—Franl<linHealth District
rules and regulations.
14)NO WARRANTY;LIMITED LIABILITY:SUBJECT TO THE PROVISIONS OF THIS
AGREEMENT,COMPANY ACKNOWLEDGES AND AGREES THAT IT IS ACCEPTING
THE PRODUCTS ON AN “AS IS”,“WHERE IS”BASIS,THAT PASCO HAS MADE NO
REPRESENTATIONS OR WARRANTIES,WHETHER WRITTEN,ORAL,EXPRESS OR
IMPLIED,WITH RESPECT TO THE CONDITION,QUALITY,USABILITY,FITNESS,
VALUE,OR CONTENT OF THE PRODUCTS DELIVERED TO COMPANY UNDER THIS
AGREEMENT,INCLUDING,WITHOUT LIMITATION,ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.COMPANY
FURTHER ACKNOWLEDGES THAT IN NO EVENT SHALL PASCO BE LIABLE FOR
ANY INCIDENTAL,INDIRECT,SPECIAL,EXEMPLARY OR CONSEQUENTIAL
DAMAGES OF WHATEVER NATURE,INCLUDING BUT NOT LIMITED TO,LOSS OF
PROFITS,LOSS OF USE,OR LOSS OF BUSINESS ARISING OUT OF OR IN
CONNECTION WITH PWRF’S PERFORMANCE OF ITS OBLIGATIONS UNDER THIS
AGREEMENT,COMPANY’S USE OF THE PRODUCTS,OR ANY CLAI1\/ICONCERNING
OR RELATING TO THE PRODUCTS.PASCO’S LIABILITY FOR DAMAGES UNDER
THIS AGREEMENT SHALL BE LIMITED TO A REFUND OF THE PRICE PAID FOR
REMOVAL OF THE PRODUCTS.
15)Hold Harmless/Indemnity.Company assumes all risks associated with Companies loading,
handling,transportation,use,processing,land application and management of the Products and Horse
area.Company agrees to defend,indemnify and hold harmless Pasco,its affiliates,and their officers,
directors,employees,and agents from and against any and all claims,liabilities,losses,costs,demands,
damages,penalties,expenses or judgments,including attorney fees and costs,relating to claims of any
nature including injury to persons or damage to property (including claims of employees and agents of
Company and loss or injury to property in Company’s custody),arising out of or incidental to
Company’s purchase or performance under this Agreement,including but not limited to,Company’s
loading,utilization,disposition,transportation,use,disposal,and/or resale of Products (including,but
not limited to,the acts and/or omissions of Company and its agents,employees or contractors).
Pasco agrees to defend and hold Company harmless only from those claims,liabilities,losses,costs,
demands,damages,penalties,or judgments (including attorney fees and costs)which proximately relate
to any personal injuries to Company’s employees,or property damage to Company’s trucks or
equipment,which are caused solely by the negligence of Pasco or Pasco’s employees or agents.Pasco’s
agreement to defend and hold Company harmless herein does not extend to any claims arising out of
negligence (other than that of Pasco’s employees),strict liability,or any products liability theory or
breach of any warranty,all of which shall remain the sole responsibility of Company.
16)Termination/Remedies.It is understood and agreed that either party,at its option,and in addition
to any available legal and equitable remedies,shall have the right to cancel this Agreement upon the
breach by the other party of any provision of this Agreement which remains uncured for a period of ten
(10)days after receiving written notice from the non-defaulting party;provided,however,that such ten
(10)day period will be extended to the amount of time reasonably necessary to effect such cure if the
defaulting party has commenced to cure such breach within such ten (10)day period and is proceeding
diligently to complete such cure.The remedies contained herein are cumulative and are in addition to
all other remedies available to either party.
Page 66 of 74
Professional Services Agreement —Process Water Reuse Facility Holding Pond Sediment Removal Page 4 of 6
17)?_o_tiLs;Unless otherwise speci?ed in this Agreement,notices between the parties shall be in
writing and shall be effective when actually delivered by mail,private courier service,facsimile
transmission,or other accepted means of business communication at the following addresses or
facsimile numbers:
Pasco:Company:
City of Pasco BioTerra Environmental Engineering Inc.
525 N 3“Avenue 4403 Mount Daniel Court
Pasco,WA 99301 West Richland,WA 99353
Phone:(509)543-5738 Phone:(509)727-4356
18)Force Majeure.Delay or failure in performance by either party shall be excused to the extent that
such delay or failure shall have been caused by an act of God,war or war condition,terrorism,riot,civil
commotion,governmental action,strike,interruption of fuel,power,labor,or water,embargo,fire,
flood,windstorm,earthquakecrop failure,or other cause which could not have been reasonably foreseen
and provided against.Any party claiming excuse from performance under this paragraph shall
immediately notify the other party of the force majeure event preventing performance as soon as
practical under the circumstances and shall con?rm the same in writing within ?ve (5)days thereafter.
19)Entire Agreement.The Agreement constitutes the entire agreement between the parties and
replaces and supersedes any prior written or oral understandings or agreements between the parties that
may have existed with respect to the subject matter hereto.
20)Amendments;Modi?cations.This Agreement may only be amended or modified by a writing
executed by each of the parties hereto.
21)Assignment.This Agreement shall not be assigned by Company without Pasco’s prior written
consent.
22)Construction.The language in all parts of the Agreement shall in all cases be construed as a whole
according to its fair meaning,strictly neither for nor against any party hereto,and without implying a
presumptionthat the terms hereof shall be more strictly construed against one party by reason of the rule
of construction that a document is to be construed more strictly against the person who himself or
through his agent prepared the same,it being agreed that representatives of both parties have
participated in the preparation hereof.
23)Severabilig.In the event that one or more of the provisions contained in this Agreement shall for
any reason be held invalid,illegal or unenforceable in any respect,such invalidity,legality or
unenforceability shall not affect any of the other provisions contained in the Agreement,which
provisionsshall remain in full force and effect.
24)Bene?t.Subject to the provision described above against assignment,all covenants,conditions and
agreements contained herein shall extend to and be obligatory upon the heirs,successors,administrators,
executers,and assigns of the respectiveparties.
25)Dispute Resolution.In the event of a dispute between the parties regarding the interpretation,
breach,or enforcement of the Agreement,the parties shall first meet in a good faith effort to resolve the
dispute by themselves or with the assistance of a mediator.The remaining dispute shall be resolved by
arbitration pursuant to RCW 7.04A,as amended,the Mandatory Rules of Arbitration (MAR),with all
parties waiving the right of a jury trial upon de novo review,with the substantially prevailing party
being awarded is reasonable attorney fees and costs against the other.
Page 67 of 74
Professional Services Agreement —Process Water Reuse Facility Holding Pond Sediment Removal Page 6 of 6
and will require its subcontractors performing any Services to make the foregoing representationand
warranty.
f)Prior Pasco Employees.Company will not use any prior Pasco employee to perform Services for a
period of one year after such person was employed by Pasco.
28)EEO Compliance:Pasco is an equal opportunity employer.Company will not discriminate against
any employee or applicant for employment in violation of Laws,including on a basis of race,color,
religion,national origin,ancestry,age,disability,protected veteran status,sex,sexual orientation,
gender identity,genetic information,or any other protected status covered by Laws (“Personal Status”).
To the extent required by Laws,Company shall take affirmative actions to employ and advance in
employment individuals without regard to Personal Status and will comply will all employment related
obligations associated with government contracting.Company warrants and represents that it will fully
comply with all Department of Labor and EEOC Laws,including record keeping requirements.
29)Counterparts.This Agreement may be executed in two or more counterparts,each of which will
be deemed an original and all of which together will constitute the same agreement,whether or not all
parties execute each counterpart.
30)Choice of Law.The parties agree that this Agreement will be interpreted according to the laws of
the State of Washington,excluding its choice of law rules.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day and year
first written above.
City of Pasco BioTerra Environmental Engineering Inc.
BY-BY‘
T)aveZabell,City Manager ‘AndrewSchmitt
Page 68 of 74
BioTerra Engineering Contract –
PWRF Sediment Pond Cleaning
Page 69 of 74
History
Six food processors discharge waste flows to PWRF
Flows include organic & inorganic solids
Solid passed straight through and pumped directly to the
farm fields for many years
Sediment hurts the quality and yield of crops
Maintenance nightmare for pumps, elbows, pivots & nozzles
2013 –construction of clarifier to settle out solids
2016 -solids volume too great for clarifier; added 12 sand
traps
Solids removed from clarifier and sand traps stored in
Sediment Pond
Sediment Pond now full & cause of major odor problem
Clarifier
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Estimates
Staff contacted two qualified firms:
BioTerra Environmental Engineering
Natural Selections
These are the only two companies that have Ecology-
approved disposal sites for PWRF solids
Estimates
BioTerra: $0.015 per wet pound, approximately
$1.5 -$2 million total
Natural Selections: dredging, hauling, composting,
mgmt. fee, fixed fee, approximately $8.7 million total
Source of funding: Processors & Franklin County .09 Grant
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Summary
Processor’s and City agree pond needs cleaning
Processors agree to pay for it (except Grimmway)
Discussed pond cleaning at Council’s May 13, 2019 Workshop
Contract approval to Council next week
Solids to be removed Page 72 of 74
Questions?Page 73 of 74
PUBLIC WORKS DEPARTMENT (509)543-5738/FAX (509)543-5737
PO Box 293/525 North 3rd Ave. Pasco, WA 99301/www.pasco-wa.gov
PWRF Sediment Pond Cleaning Proposal
Maria Serra and Steve Worley held a telephone conversation on July 15, 2019 with Andrew Schmitt of BioTerra
Environmental Engineering (BioTerra). Below is a summary of the information discussed regarding the potential
contracting with BioTerra for the removal of sediment from the PWRF sediment pond.
BioTerra proposes to us a hydraulic pumping system with a separate power unit for the removal of solids. They
will use what is commonly called a ‘pit pump’, which is designed for pumping sludge and other miscellaneous
materials. The pump will be connected to a 6” discharge line with floats, directing the pumped material to a n
elevated stand that will allow trucks to drive beneath it (similar to an elevated water tank at a construction site).
The proposed system is very similar to a “floating dredge” that is used to remove sediment from water bodies.
The elevated stand for the discharge pipe will be built by BioTerra onsite so as not to obstruct PWRF site access
yet allowing for easy loading of the trucks to haul away the material. All suction from the pump will be
performed below the surface to avoid disturbing the top layer of material and, therefore, minimize emission of
further odor/gases.
The operation will initially use tanker trucks to accommodate the fluid nature of the removed material. BioTerra
understand the material may vary as the pumping operation progresses deeper into the pond. It is possible that
this proposed pumping system would become ineffective and require changes to adapt to thicker/denser/dryer
material.
In that case, BioTerra will dismantle the initial pumping system and replace it with another one appropriate for
the new conditions. In this case, dump trailers will be used instead of tanker trucks to haul the material away.
BioTerra does not foresee at this time a need to add water to the pond to assist in pumping the material out of
the pond. If a need for this does arise, an arrangement would be made between both parties to measure the
amount of water added and discount the added weight from the price of each load.
Timing: BioTerra would like four weeks after execution of the agreement to procure the specialized equipment
and tanker trucks and build the elevated stand for the proposed operation.
BioTerra is currently anticipating nine truckloads per day with approx. 30 tons per truckload; three trucks
making three trips each. They are willing to work 12-hr days Monday through Saturday as long as access to the
PWRF is available. Andrew believes they can complete the work in less than 6 months, and the pace of the
operation can be adjusted to meet City’s need.
Bioterra holds a permit with no limitation as to land application, meaning they are allow to apply during winter
months as long as the ground is not frozen (as they plan an injection-type disposal). For them to be able to
continue to work on this project through winter months two conditions must be met: roads must be in adequate
driving condition and the ground at the disposal site must not be frozen.
This will be a performance-based contract. Contract provisions can be tailored to address specific City needs.
The cost per pound of solids removed is fixed at $0.015 and any changes in operation will be the sole
responsibility of Bioterra at no extra charge to the City.
Page 74 of 74