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2024.07.01 Council Meeting Packet
AGENDA City Council Regular Meeting 7:00 PM - Monday, July 1, 2024 Pasco City Hall, Council Chambers & GoToWebinar Page 1. MEETING INSTRUCTIONS for REMOTE ACCESS - Individuals, who would like to provide public comment remotely, may continue to do so by filling out the online form via the City’s website (www.pasco-wa.gov/publiccomment) to obtain access information to comment. Requests to comment in meetings must be received by 4:00 p.m. on the day of this meeting. To listen to the meeting via phone, call (914) 614-3221 and use access code 347-125-017. City Council meetings are broadcast live on PSC-TV Channel 191 on Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco-wa.gov/psctvlive and on the City’s Facebook page at www.facebook.com/cityofPasco. 2. CALL TO ORDER 3. ROLL CALL (a) Pledge of Allegiance 4. CONSENT AGENDA - All items listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by roll call vote as one motion (in the form listed below). There will be no separate discussion of these items. If further discussion is desired by Councilmembers, the item may be removed from the Consent Agenda to the Regular Agenda and considered separately. 6 - 21 (a) Approval of Meeting Minutes for June 17th and June 24th To approve the minutes of the Pasco City Council Regular Meeting held on June 17, 2024, and Special meeting and Regular Workshop held on June 24, 2024. 22 - 23 (b) Bills and Communications - Approving Claims in the Total Amount of $7,820,368.37 Page 1 of 190 To approve claims in the total amount of $7,820,368.37 ($5,868,127.35 in Check Nos. 264688 - 265047; $686,785.88 in Electronic Transfer Nos. 846533 - 846781, 846803 - 846901, 846903 - 846905, 846907 - 846935; $17,569.27 in Check Nos. 54735 - 54754; $1,247,885.87 in Electronic Transfer Nos. 30209379 - 30210072). 24 - 30 (c) Ordinance No. 4718 - Amending Pasco Municipal Code Section 3.35.160 Water Utility to Include a Ten-Inch Line Rate To adopt Ordinance No. 4718, amending the Pasco Municipal Code Section 3.35.160 Water Utility, adjusting the water utility billing rates to include a ten-inch water line rate and, further, authorize publication by title only. 31 - 36 (d) Ordinance No. 4719 - Amending Pasco Municipal Code Section 9.80.035 Sitting, Lying on Sidewalk in Designated Zone - Adding Streets to Designated Area To adopt Ordinance No. 4719, amending Pasco Municipal Code Section 9.80.035 "Sitting, Lying on Sidewalk in Designated Zone" to include additional streets within designated zone and, further, authorize publication by summary only. 37 - 85 (e) Resolution No. 4465 - I-182 & Broadmoor Boulevard Interchange Project Change Order No. 6 To approve Resolution No. 4465, authorizing the City Manager to execute Change Order No. 6 with Nelson Construction Corp. for the I- 182 & Broadmoor Boulevard Interchange Project. 86 - 95 (f) Resolution No. 4466 - Project Acceptance for GESA Stadium Improvements To approve Resolution No. 4466, accepting work performed by Apollo, Inc. under contract for the GESA Stadium Improvement Project. (RC) MOTION: I move to approve the Consent Agenda as read. 5. PROCLAMATIONS AND ACKNOWLEDGEMENTS 6. PUBLIC COMMENTS - The public may address Council on any items unless it relates to a scheduled Public Hearing. This item is provided to allow the opportunity to bring items to the attention of the City Council or to express an opinion on an issue. Its purpose is not to provide a venue for debate or for the posing of questions with the expectation of an immediate response. Some questions require consideration by Council over time and after a deliberative process with input from a number of different sources; some questions are best directed to staff members who have access to specific information. Citizen comments will normally be limited to three Page 2 of 190 minutes each by the Mayor. Those with lengthy messages are invited to summarize their comments and/or submit written information for consideration by the Council outside of formal meetings. Lastly, when called upon, please state your name and city or county residency into the microphone before providing your comments. 7. REPORTS FROM COMMITTEES AND/OR OFFICERS (a) Verbal Reports from Councilmembers 96 - 112 (b) Martin Luther King Jr (MLK) Community Center Improvements Update (10 minutes) Presentation - Steve Roth, Principal at Architects West, will provide an update on MLK Community Center 8. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO 9. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS 113 - 144 (a) Ordinance No. 4720 - Issuance of 2024 Bond - Limited Tax General Obligation (3 minutes) MOTION: I move to adopt Ordinance No. 4720, relating to contracting indebtedness; providing for the issuance, sale and delivery of not to exceed $39,000,000 aggregate principal amount of limited tax general obligation bonds to provide funds to make infrastructure improvements in respect of the Broadmoor Increment Area designated by Ordinance No. 4618 and to pay the costs of issuance and sale of the bonds; fixing or setting parameters with respect to certain terms and covenants of the bonds; appointing the City’s designated representative to approve the final terms of the sale of the bonds; and providing for related matters and, further, authorize publication by summary only. 145 - 155 (b) Resolution No. 4467 - Issuing a Notice of Planned Final Action Regarding Condemnation of Land (7 minutes) MOTION: I move to approve Resolution No. 4467, authorizing notice of planned final action regarding the City of Pasco's use of eminent domain proceedings. 156 - 168 (c) *Resolution No. 4468 - Setting a Date to Consider a Notice of Intent to Commence Annexation Proceedings for Valdivia Annexation (ANX 2024-001) (3 minutes) MOTION: I move to approve Resolution No. 4468, setting 7:00 PM, August 5, 2024, as the time and date for a public meeting to consider a notice of intent to commence annexation proceedings for the Page 3 of 190 Valdivia annexation. 169 - 181 (d) *Resolution No. 4469 - Setting a Date to Consider a Notice of Intent to Commence Annexation Proceedings for Shumway/Taylor Flats Road Annexation (ANX 2024-002) (3 minutes) MOTION: I move to approve Resolution No. 4469, setting 7:00 PM, August 5, 2024, as the time and date for a public meeting to consider a notice of intent to commence annexation proceedings for the Shumway/Taylor Flats Road annexation. 182 - 187 (e) *Resolution No. 4470 - Setting a Public Hearing for MACA LLC Alleys Vacation (VAC 2024-001) (3 minutes) MOTION: I move to approve Resolution No. 4470, setting 7:00 p.m., Monday, August 5, 2024, as the time and date for a public hearing to consider the vacation of a 20-foot Alley in Block 105 Pasco Land Company First Addition to Pasco, Washington, and waiving the requirements for an appraisal, title report, and payment of compensation. 10. UNFINISHED BUSINESS 11. NEW BUSINESS 188 (a) Cancellation of July 15, 2024 Regularly Scheduled Council Meeting MOTION: I move to approve the cancellation of the regularly scheduled Council Meeting set for July 15, 2024. 12. MISCELLANEOUS DISCUSSION 13. EXECUTIVE & CLOSED SESSIONS (a) EXECUTIVE SESSION (20 minutes) To consider site selection or acquisition of real estate purchase or lease if likelihood that disclosure would increase price per RCW 42.30.110(1)(b) (b) CLOSED SESSION (10 minutes) Discuss Collective Bargaining Unit Negotiations per RCW 42.30.140(4)(a) 14. ADJOURNMENT 15. ADDITIONAL NOTES Page 4 of 190 (a) (RC) Roll Call Vote Required * Item not previously discussed Q Quasi-Judicial Matter MF# “Master File #....” 189 - 190 (b) Adopted Council Goals (Reference Only) (c) This meeting is broadcast live on PSC-TV Channel 191 on Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco-wa.gov/psctvlive. Audio equipment available for the hearing impaired; contact the Clerk for assistance. Servicio de intérprete puede estar disponible con aviso. Por favor avisa la Secretaria Municipal dos días antes para garantizar la disponibilidad. (Spanish language interpreter service may be provided upon request. Please provide two business day's notice to the City Clerk to ensure availability.) Page 5 of 190 AGENDA REPORT FOR: City Council June 26, 2024 TO: Adam Lincoln, City Manager City Council Regular Meeting: 7/1/24 FROM: Debra Barham, City Clerk City Manager SUBJECT: Approval of Meeting Minutes for June 17th and June 24th I. REFERENCE(S): 06.17.2024 and 06.24.2024 Draft Council Minutes II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve the minutes of the Pasco City Council Regular Meeting held on June 17, 2024, and Special meeting and Regular Workshop held on June 24, 2024. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 6 of 190 MINUTES City Council Regular Meeting 7:00 PM - Monday, June 17, 2024 Pasco City Hall, Council Chambers & GoToWebinar CALL TO ORDER The meeting was called to order at 7:00 PM by Pete Serrano, Mayor. ROLL CALL Councilmembers present: Pete Serrano, David Milne, Blanche Barajas, Melissa Blasdel, Charles Grimm, Peter Harpster, and Leo Perales Councilmembers attending remotely: Blanche Barajas Councilmembers absent: None Staff present: Adam Lincoln, City Manager; Richa Sigdel, Deputy City Manager; Angela Pashon, Assistant City Manager; Darcy Buckley, Finance Director; Kevin Crowley, Fire Chief; Eric Ferguson, City Attorney; Jacob Gonzalez, Community & Economic Development Director; Jesse Rice, Parks & Recreation Director; Ken Roske, Police Chief; Maria Serra, Interim Public Works Director; and Debby Barham, City Clerk The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA Approval of Meeting Minutes for June 3rd June 4th and June 10th To approve the minutes of the Pasco City Council Regular Meeting held on June 3, 2024, a Special Franklin County Commissioners Meeting held on June 4, 2024, and Regular Workshop held on June 10, 2024. Bills and Communications - Approving Claims in the Total Amount of $8,838,016.34 and Write-off Totaling $ 44,511.00 To approve claims in the total amount of $8,838,016.34 ($7,209,513.24 in Check Nos. 264367 - 264687; $293,393.59 in Electronic Transfer No 846532; Page 1 of 7Page 7 of 190 $11,129.27 in Check Nos. 54712 - 54734; $1,323,980.24 in Electronic Transfer Nos. 30208699 - 30209378). To approve bad debt write-off for accounts receivable including Utility Billing, Ambulance, Cemetery, General Accounts, and Miscellaneous Accounts in the total amount of $44,511.00 and, of that amount, authorize $44,511.00 to be turned over for collection. Ordinance No. 4717 - Creating New Pasco Municipal Code Section 9.80.035 Sitting, Lying on Sidewalk in Designated Zone To adopt Ordinance No. 4717, amending Pasco Municipal Code Chapter 9.80 "Street or Sidewalk Interference, " creating a new Section 9.80.035 "Sitting, Lying on Sidewalk in Designated Zone" and, further, authorize publication by summary only. Resolution No. 4460 - First Amendment to Exclusive Agreement with Redflex Traffic Systems, Inc. for Photo Enforcement Program To approve Resolution No. 4460, authorizing the City Manager to execute a First Amendment to the Exclusive Agreement with Redflex Traffic Systems, Inc. for Photo Enforcement Program. ROLL CALL VOTE MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Blasdel to approve the Consent Agenda as read. RESULT: Motion carried unanimously 6-0 AYES: Mayor Serrano, Mayor Pro Tem Milne, Councilmember Blasdel, Councilmember Grimm, Councilmember Harpster, and Councilmember Perales ABSTAIN: Councilmember Barajas PUBLIC COMMENTS Mary Mahoney, Pasco resident, commented on the April 1, 2019, Council meeting discussion regarding a terminated Animal Control contract with Washington State University and a pit bull dog named Belle that she stated was sent to WSU for research purposes. Gitara Benton, Franklin County resident, read comments on behalf of Judy Nelson, Benton County resident. The letter expressed concerns regarding the Tri- Cities Animal Shelter and the lack of space for the animals and issues with the volunteers at the facility. Kristin Engbrecht, Franklin County resident, expressed concerns regarding the a group of volunteers at the Tri-Cities Animal Shelter (TCAS), stating that their Page 2 of 7Page 8 of 190 behavior is inappropriate. She also recommended creating an Advisory Board for the Animal Shelter. Janice Jelnowsky, Benton County resident, also expressed concern about being bullied by another TCAS volunteer. Kevin Rangel, Imperium Beauty College representative, asked Council to reconsider the denial of their Small Business Relief Grant. He handed City Clerk Barham a map of where the Beauty College is located. Jodi Stark, West Richland resident, commented on the TCAS and expressed support for creating an Advisory Board for the TCAS, a mandatory 2nd evaluation for animals that are scheduled for euthanasian, and a revised volunteer program. Steve Bauman, Franklin County resident and Pasco business owner, expressed opposition to the redesign of Road 40 East as a one-way street, from A Street to Lewis Street, and asked that the City staff meet with the property owner and Mr. Bauman to renegotiate for a two-way street. He handed copies of his letter to City Clerk Barham. REPORTS FROM COMMITTEES AND/OR OFFICERS Verbal Reports from Councilmembers Ms. Bladsel commented on recent Juneteenth weekend events held in Pasco the past weekend. Ms. Barajas also reported on the Juneteenth weekend events and thanked staff for their contributions to help with the events. She announced that there would be another Juneteenth event held in Hermiston, OR on June 22, 2024. Mayor Serrano commented on a letter submitted by former Councilmember Irving Brown Sr. related to Juneteenth events. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS Resolution No. 4461 - Interagency Agreement with the Washington State Criminal Justice Training Commission for the Basic Law Enforcement Academy Deputy Police Chief Cook provided a brief report related to the benefits of holding a Basic Law Enforcement Academy within the Tri-Cities area. Council provided accolades for the creation of the BLEA training facility located in Pasco, WA. MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Blasdel to approve Resolution No. 4461, authorizing the City Manager to execute an Page 3 of 7Page 9 of 190 Interagency Agreement between the Washington State Criminal Justice Training Commission and the City of Pasco Police Department. RESULT: Motion carried unanimously 7-0 AYES: Mayor Serrano, Mayor Pro Tem Milne, Councilmember Barajas, Councilmember Blasdel, Councilmember Grimm, Councilmember Harpster, and Councilmember Perales Resolution No. 4462 - Quote Rejection for New Cat and Dog Kennels for New Tri-Cities Animal Control Facility Mr. Rice provided a brief report on rejecting the quotes for animal kennels at the new Tri-Cities Animal Control Shelter. Council and Mr. Rice briefly discussed the quotes and possible reduction of costs. MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Blasdel to approve Resolution No. 4462, rejecting all quotes for Quote No. 17999: New Cat and Dog Kennels for New Tri-Cities Animal Control Facility, and furthermore, authorize the City Manager. or their designee, to call for quotes in the same manner as the original call for this project. RESULT: Motion carried unanimously 7-0 AYES: Mayor Serrano, Mayor Pro Tem Milne, Councilmember Barajas, Councilmember Blasdel, Councilmember Grimm, Councilmember Harpster, and Councilmember Perales UNFINISHED BUSINESS 2025-2030 Transportation Improvement Plan Mr. Gonzalez provided an update to the proposed Six-Year Transportation Improvement Plan (TIP). Mr. Harpster expressed appreciation for the outreach efforts that staff provided giving the public ample opportunity weigh in for the TIP. Mr. Grimm asked staff to explain the priority of the list of projects, in which Mr. Gonzalez and Mr. Lincoln explained the project priority in the list. Update: Community Development Block Grant (CDBG) Downtown Small Business Relief Program Mr. Gonzalez and Ms. Sigdel provided an updated status of the applications and grants for the CDBG Down Small Business Relief Program. Page 4 of 7Page 10 of 190 Council discussion ensued regarding the expansion of the boundary map to include additional businesses eligible to apply for the Small Business Relief grant. The discussion also included the possibility of extending the application submission date. Council requested a copy of the map that was submitted during the public comments period. Mr. Ferguson stated that the map is from a single business owner and it was Council duty to provide policy decision related to this program and not to consider individual businesses applications. Council concurred that expanding the boundary map would be appropriate; however, keep same application due date of June 30, 2024. ROLL CALL VOTE MOTION: Councilmember Blasdel moved, seconded by Councilmember Perales to expand the boundaries of the map for eligible businesses to apply for the CDBG Small Business Relief Grant one block east and one block west and have staff reconsider applications already submitted (that may fall within the new boundary. RESULT: Motion carried unanimously 7-0 AYES: Mayor Serrano, Mayor Pro Tem Milne, Councilmember Barajas, Councilmember Blasdel, Councilmember Grimm, Councilmember Harpster, and Councilmember Perales NEW BUSINESS Development Fees Mr. Gonzalez provided a brief history of the fees charged for development activities, as well as the purpose of those fees and fee types. Council and Mr. Gonzalez further discussed the following: Asked if Franklin County collects the Pasco School Impact Fees. Asked why the City collects the School Impact Fees while other cities do not collect them. Recommendation to review the fees on a regular schedule. Asked for the average add on for project fees. Noted inconsistencies in Traffic studies. Suggestion to defer fees until the development is completed. Recommendation to meet with the Pasco School District (PSD) on reducing the School Impact Fees. Questioned the water rights fees and sewer connection fees. Page 5 of 7Page 11 of 190 Asked for an exhaustive list of fees that a developer may be charged. Asked about the Traffic Impact Studies (TIS). Asked when the developer has a third party complete the TIS study and if the City needs to have a third party TIS done? Asked about the annual report from the PSD related to the School Impact Fees. Requested that this topic be brought back for more discussion and invite developers, and other affected parties. Mayor Serrano asked if a majority of Council wants to receive a comprehensive review of the Development Fees process and Council agreed. MISCELLANEOUS DISCUSSION Mr. Gonzalez announced the 2025 Community Development Block Grant (CDBG) funding program applicants will present their funding requests at the Planning Commission Meeting scheduled for Thursday, June 20, 2024. Mr. Gonzalez also briefed Council on the Development Review Process, noting that staff held a Stakeholder Workshop on June 4th and he provided the feedback from that workshop. Mayor Pro Tem Milne commented on the Tri Cities Animal Shelter (TCAS) and discussed the possibility of instituting an Advisory Committee. Mr. Perales, Mr. Harpster were also were interested in pursuing this effort. Mr. Ferguson reminted Council that the TCAS is a three City Authority through interlocal agreements (ILAs) with the Cities of Kennewick and Richland. He stated that all three cities would need to consider and agree to creating an Advisory Committee. He said that staff could bring back an overview of the current ILAs to present to Council. Mr. Harpster commented on the Road 40 east project and the one-way street option. He recommended that staff meet with Mr. Bauman and the property owner to negotiate for right-of-way and make it a two-way street. Mr. Ferguson asked if Mr. Bauman was an agent for the property owner. Mr. Bauman stated that he was not an agent for the property owner and would like to be a mediator for a two-way street. Mr. Harpster asked if there was an update for Peanuts Park North. Mr. Rice stated that he needed direction from Council related to Peanuts Park. Mr. Harpster asked for Council support to direct staff to bring back a plan on how to update Peanuts Park North with the available funding. Mr. Grimm, Mayor Pro Page 6 of 7Page 12 of 190 Tem Milne and Mr. Perales agreed. Ms. Blasdel asked that Court Street and 20th Avenue also be included as a designated area related to Ordinance No. 4717. EXECUTIVE SESSION Council adjourned into Executive Session at 9:00 PM for 25 minutes returning at 9:25 PM to discuss with legal counsel about current or potential litigation per RCW 42.30.110(1)(i) with the City Manager, Assistant City Manager, Deputy City Manager, Community & Economic Development Director, and City Attorney. Ms. Pashon left the Executive Session at 9:05 PM. Mr. Harpster left the Executive Session at 9:12 PM. At 9:25 PM Mayor Serrano announced that the Executive Session would continue for another 5 minutes or until 9:30 PM. Mayor Serrano called the meeting back to order at 9:30 PM. ADJOURNMENT There being no further business, the meeting was adjourned at 9:31 PM. PASSED and APPROVED on _______________________. APPROVED: ATTEST: Pete Serrano, Mayor Debra Barham, City Clerk Page 7 of 7Page 13 of 190 MINUTES City Council Special Meeting 6:00 PM - Monday, June 24, 2024 Pasco City Hall, Council Chambers & GoToWebinar CALL TO ORDER The meeting was called to order at 6:05 PM by Pete Serrano, Mayor. ROLL CALL Councilmembers present: Pete Serrano, David Milne, Blanche Barajas, Melissa Blasdel, Charles Grimm, Peter Harpster, and Leo Perales Councilmembers attending remotely: Councilmembers absent: None Staff present: Adam Lincoln, City Manager; Richa Sigdel, Deputy City Manager; Angela Pashon, Assistant City Manager; Darcy Buckley, Finance Director; Kevin Crowley, Fire Chief; Eric Ferguson, City Attorney; Jacob Gonzalez, Community & Economic Development Director; Jesse Rice, Parks & Recreation Director; Ken Roske, Police Chief; Maria Serra, Interim Public Works Director; and Debby Barham, City Clerk The meeting was opened with the Pledge of Allegiance. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS Resolution No. 4463 - Broadmoor TIF AREA - Amendment No. 3 with PBS for Engineering Services Ms. Serra provided a brief overview of the proposed amendment to the Engineering Services Agreement with PBS Engineering and Environmental, Inc. for the Tax Increment Funding (TIF) Area. MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Blasdel to approve Resolution No. 4463, authorizing the City Manager to execute Amendment No. 3 to the Professional Services Agreement with PBS Engineering & Environmental, Inc. for the Broadmoor Tax Increment Page 1 of 3Page 14 of 190 Funding Design Project. RESULT: Motion carried unanimously 7-0 AYES: Mayor Serrano, Mayor Pro Tem Milne, Councilmember Barajas, Councilmember Blasdel, Councilmember Grimm, Councilmember Harpster, and Councilmember Perales Resolution No. 4464 - 2025-2030 Transportation Improvement Plan Mr. Gonzalez provided a brief updated related to the final 2025-2030 Six-Year Transportation Plan, which includes 51 transportation projects. He shared an interactive map accessible on the City's webpage and he noted that the detailed public feedback is in the agenda packet and he provided a summary of the public outreach. Mr. Perales asked for the City to build a canal bridge located along Road 44. He also asked that staff start the Six-Year Transportation Plan earlier next year, at the beginning of May 2024. David Whitt, Pasco resident, expressed concern about pedestrian safety along the narrow roads on and near Road 56, as well ad the development in that area. MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Blasdel to approve Resolution No. 4464, adopting the 2025-2030 Six-Year Transportation Improvement Program for the City of Pasco for the purpose of guiding the development, design, and construction of local and regional transportation improvements. RESULT: Motion carried unanimously 7-0 AYES: Mayor Serrano, Mayor Pro Tem Milne, Councilmember Barajas, Councilmember Blasdel, Councilmember Grimm, Councilmember Harpster, and Councilmember Perales MINI-RETREAT DICUSSION ITEMS Discussion of 2024-2025 City Council Goals and City Manager Workplan Mr. Lincoln provided a brief overview of the draft City Manager Workplan based on the proposed 2024-2025 City Council Goals. Council expressed appreciation for the work staff did in creating the Workplan. Council and Mr. Lincoln discussed the proposed 2024-2025 Council Goals and draft Workplan. Council recommended small adjustments to the Goals and Workplan. Page 2 of 3Page 15 of 190 At the end of the discussion, Mr. Lincoln indicated that the 2024-2025 Council Goals and Workplan would come back to Council for one more review at the next Council Workshop. Mr. Perales asked that a report on the Workplan be provided to Council later in the year in a Workshop setting. Mayor Serrano requested that Mr. Lincoln contact Franklin County Sherriff Raymond regarding the 9-1-1 call system. Discussion of City Council Rules of Conduct Mr. Lincoln and Mr. Ferguson provided a brief introduction to the draft City Council Rules of Conduct document. Council discussion ensued regarding the draft Rules of Conduct document with Mr. Ferguson and Council provided recommendations to amend the document. Mr. Ferguson will update the Rules of Conduct and bring it back for Council to review. ADJOURNMENT There being no further business, the meeting was adjourned at 7:03 PM. PASSED and APPROVED on _______________________. APPROVED: ATTEST: Pete Serrano, Mayor Debra Barham, City Clerk Page 3 of 3Page 16 of 190 MINUTES City Council Workshop Meeting 7:00 PM - Monday, June 24, 2024 Pasco City Hall, Council Chambers & GoToWebinar CALL TO ORDER The meeting was called to order at 7:03 PM by Pete Serrano, Mayor. ROLL CALL Councilmembers present: Pete Serrano, David Milne, Blanche Barajas, Melissa Blasdel, Charles Grimm, Peter Harpster, and Leo Perales Councilmembers attending remotely: Councilmembers absent: None Staff present: Adam Lincoln, City Manager; Richa Sigdel, Deputy City Manager; Angela Pashon, Assistant City Manager; Darcy Buckley, Finance Director; Kevin Crowley, Fire Chief; Eric Ferguson, City Attorney; Jacob Gonzalez, Community & Economic Development Director; Jesse Rice, Parks & Recreation Director; Ken Roske, Police Chief; Maria Serra, Interim Public Works Director; and Debby Barham, City Clerk VERBAL REPORTS FROM COUNCILMEMBERS Mr. Grimm reported on the Benton Franklin Council of Governments (BFCOG) meeting he recently attended. Ms. Barajas congratulated the newly promoted Police staff, ribbon cutting event at Rent Town, reported on the Juneteenth week long events. Mayor Serrano reported on the Hanford Area Economic Investment Fund Advisory Committee meeting he recently attended. ITEMS FOR DISCUSSION WITH OPPORUTNITY FOR PUBLIC COMMENT Pasco Public Facilities District - Aquatics Facility Management and Page 1 of 5Page 17 of 190 Operations Overview Pasco Public Facilities District (PPFD) Executive Director Watkins provided a report to City Council, which included: The recent purchase of land for its aquatics facility. Proposal of an enhanced interlocal agreement between the PPDF and the City of Pasco for management and operation of the aquatics facility once constructed. Timeline of the aquatics facility build from its groundbreaking to its grand opening. Council expressed support for the City of Pasco to take on the management and operation of the aquatics facility; however, they would like more details before finalizing it. Public Space and Mobile Vending Update for Code Amendments (CA 2023- 005) Mr. Gonzalez and Hope Freije, consultant with Framework, provided an update on the proposed amendments to the Pasco Municipal Code (PMC) related to public space and mobile vending. Mr. Gonzalez sought Council's direction regarding the Mobile Vending Conveyances, Zoning for food Truck Parks and Mobile Vending Permits Implementation. Council asked for clarification with Ms. Freije and Mr. Gonzalez providing responses. Councilmembers recommended that there are not mobile venders in residential areas and no Tent venders in front of stores. Council supported a map that will show the mobile vendors where they may set up shop and Council requested a copy of the presentation giving during the workshop. Introduction of Limited Tax General Obligation Bond Ordinance Ms. Buckley provided an overview of the Tax Increment Financing (TIF) Area the Public/Private Partnership for the TIF Area and the next step is approval of the proposed Limited Tax General Obligation (LTGO) Bond. Mr. Perales asked for a current list of the City's debt service. David Witt, Pasco resident, had a question regarding the proposed Mobile vender amendments to the PMC and Mr. Gonzalez said that he could meet with Mr. Witt after the workshop to discuss Mr. Witt's question. Page 2 of 5Page 18 of 190 Capital Improvement Plan Introduction Ms. Sigdel provided an overview of the history, process and timeline for approving the Capital Improvement Plan (CIP) annually. She also included the planned outreach efforts for the CIP. Resolution - I-182 & Broadmoor Boulevard Interchange Project Change Order No. 6 Ms. Serra introduced Tim Morgan, Atlas project management consultant, who provided a brief report related to the proposed Change Order No. 6 for the I-182 and Broadmoor Boulevard interchange project. Ordinance - Amending Pasco Municipal Code Section 3.35.160 Water Utility to Include a Ten-Inch Line Rate Ms. Sigdel provided a brief report related to the proposed addition of a ten-inch line rate under the Water Utility. Connecting Housing to Infrastructure Program (CHIP) Mr. Gonzalez provided a report related to the Connection Housing to Infrastructure Program (CHIP), created by the Washington State Department of Commerce to fund utility connections for affordable housing. The program also helps local governments reduce per unit connection fees. Council and Mr. Gonzalez briefly discussed the CHIP. Ms. Francik, Pasco resident, asked if the CHIP may be used for in-fill properties throughout the City and Mr. Gonzalez said it is possible. Resolution - Project Acceptance for GESA Stadium Improvements Ms. Serra provided a brief report related to the close out of the GESA Stadium Improvements project. MISCELLANEOUS COUNCIL DISCUSSION Ms. Blasdel expressed appreciation to the various region fire fighter crews responding to the fire in east Pasco's industrial center. She also expressed appreciation to the Pasco Police Department for clearing the downtown area of individuals laying and sitting on sidewalks. Mr. Perales requested Council consider bringing the legislative action plan back to discuss in a near future workshop. Mr. Grimm also expressed appreciation to the fire fighter crews. He commented on a recent meeting with City staff at the Tri-Cities Animal Shelter (TCAS). He Page 3 of 5Page 19 of 190 suggested that Council help set policies at the TCAS to limit of the animal stay and medical needs. He asked that Council support his request to obtain comparables with similar animal shelters. Mr. Ferguson cautioned Council that some of the items are operational and fall under the Executive Branch of the municipality and there is the added layer related to the Interlocal Agreements (ILAs) with neighboring Cities that participate in the Tri-Cities Animal Control Authority (TCACA). Those Cities have a say on potential changes. Mr. Ferguson stated that he is scheduled to come back to Council and provide details on the governance of the TCACA through the ILAs. He noted that each city has different animal control codes. Mr. Harpster commented on the status of the construction cones on Sylvester Street project, as well as the Broadmoor Interchange project. He reported on an incident that took place in Peanuts Park North on Thursday evening. Lastly, he expressed appreciation to staff for their efforts made in response to the recent Memorial Pool incident. Mayor Pro Tem Milne also commented on the construction cones in the Sylvester Street Improvements project. He expressed appreciation to the Pasco Police Department for their swift response to an incident at one of his properties. Mr. Perales and Mr. Ferguson continued discussing the TCACA and the ILAs. Ms. Barajas commented on a incident at Peanuts Park recently where a van was distributing clothing and food to the homeless and suggested that Council consider a policy related to the distribution of food and clothing on the streets. She announced a free COPA concert scheduled Friday, June 28, 2024, in the downtown area. Lastly, she invited the community to attend the Coffee with a Cop event scheduled at the HAPO Center on June 26th. RECESS Mayor Serrano called a five-minute recess at 9:00 PM. EXECUTIVE SESSION Council adjourned into Executive Session at 9:05 PM for 15 minutes returning at 9:20 PM to discuss with legal counsel about current or potential litigation per RCW 42.30.110(1)(i) with the City Manager, Deputy City Manager, and City Attorney. Mayor Serrano called the meeting back to order at 9:20 PM. Page 4 of 5Page 20 of 190 ADJOURNMENT There being no further business, the meeting was adjourned at 9:21 PM. PASSED and APPROVED on _______________________. APPROVED: ATTEST: Pete Serrano, Mayor Debra Barham, City Clerk Page 5 of 5Page 21 of 190 AGENDA REPORT FOR: City Council June 27, 2024 TO: Adam Lincoln, City Manager City Council Regular Meeting: 7/1/24 FROM: Darcy Buckley, Finance Director Finance SUBJECT: Bills and Communications - Approving Claims in the Total Amount of $7,820,368.37 I. REFERENCE(S): Accounts Payable 06.13.24 to 06.26.24 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve claims in the total amount of $7,820,368.37 ($5,868,127.35 in Check Nos. 264688 - 265047; $686,785.88 in Electronic Transfer Nos. 846533 - 846781, 846803 - 846901, 846903 - 846905, 846907 - 846935; $17,569.27 in Check Nos. Transfer Electronic in - 54754; 54735 Nos. $1,247,885.87 30209379 - 30210072). III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: There are two categories of accounts receivable write-offs: 1. Direct write-offs are small in value or, in the case of Ambulance Fund, reflect a reduction of fees related to a discount required by DSHS and Medicare. These direct write-offs are not sent to collection. 2. Write-offs referred to collection have been in arrears for a given number of days and exceed minimum values that move them out of the direct write off category. Please see the attached summary page attached to this agenda item for details. V. DISCUSSION: Page 22 of 190 REPORTING PERIOD: July 1, 2024 Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined Check Numbers 264688 - 265047 54735 - 54754 Total Check Amount $5,868,127.35 $17,569.27 Total Checks 5,885,696.62$ Electronic Transfer Numbers 846533 - 846781 30209379 - 30210072 846803 - 846901 846903 - 846905 846907 - 846935 Total EFT Amount $686,785.88 $1,247,885.87 $0.00 $0.00 Total EFTs 1,934,671.75$ Grand Total 7,820,368.37$ Councilmember B 100 913,632.39 110 106,270.40 140 36,210.03 145 4,641.21 150 18,930.14 160 21,518.12 165 5,044.26 168 61,927.17 170 1,497.50 180 7,621.42 185 990.31 188 44,176.59 189 534.18 190 11,937.03 191 27,083.34 194 28,556.58 195 680.74 196 HOTEL/ MOTEL EXCISE TAX 5,000.00 367 2,442,423.11 410 1,938,982.41 510 56,278.57 515 223,657.82 520 67.73 690 1,862,707.32 GRAND TOTAL ALL FUNDS:7,820,368.37$ PAYROLL CLEARING EQUIPMENT RENTAL - OPERATING GOVERNMENTAL EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL MEDICAL/ DENTAL/ VISION INSURANCE ECONOMIC DEVELOPMENT STADIUM/ CONVENTION CENTER GENERAL CAP PROJECT CONSTRUCTION UTILITY, WATER/ SEWER RIVERSHORE TRAIL & MARINA MAIN SPECIAL ASSESSMENT LODGING LITTER ABATEMENT REVOLVING ABATEMENT TRAC DEVELOPMENT & OPERATING CEMETERY ATHLETIC PROGRAMS ANIMAL CONTROL SENIOR CENTER OPERATING MULTI-MODAL FACILITY C.D. BLOCK GRANT MARTIN LUTHER KING COMMUNITY CENTER AMBULANCE SERVICE Councilmember A SUMMARY OF CLAIMS BY FUND: GENERAL FUND STREET City of Pasco, Franklin County, Washington We, the undersigned, do hereby certify under penalty of perjury the materials have been furnished, the services rendered or the labor performed as described herein and the claim is a just, due and unpaid obligation against the city and we are authorized to authenticate and certify to such Adam Lincoln, City Manager Griselda Garcia, Finance Manager We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this 1st Day of July, 2024 that the merchandise or services hereinafter specified have been received and are approved for payment: June 13 to June 26, 2024 C I T Y O F P A S C O Council Meeting of: Accounts Payable Approved The City Council Page 23 of 190 AGENDA REPORT FOR: City Council June 25, 2024 TO: Adam Lincoln, City Manager City Council Regular Meeting: 7/1/24 FROM: Richa Sigdel, Deputy City Manager City Manager SUBJECT: Ordinance No. 4718 - Amending Pasco Municipal Code Section 3.35.160 Water Utility to Include a Ten-Inch Line Rate I. REFERENCE(S): Ordinance II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No. 4718, amending the Pasco Municipal Code Section 3.35.160 Water Utility, adjusting the water utility billing rates to include a ten-inch water line rate and, further, authorize publication by title only. III. FISCAL IMPACT: Varies IV. HISTORY AND FACTS BRIEF: Pasco Municipal Code (PMC) Section 3.35.160 Water Utility contains numerous charges including but not limited to Water Utility billing monthly base fees and Water system capital expansion/replacement charges. The water system capital expansion/replacement charge is a onetime fee and is charged to all properties at the time of connection. The current PMC provides base fees up to meters 8-inch in size while the Water system capital expansion/replacement charge provide a cost for up to meters 10-inch in size. The City has the ability to allow the connection of a 10- inch meter but no avenue to assess the monthly bill. An overall rate study for all meter sizes was completed in 2021, which was the basis for escalating rate changes for years 2022 through 2026 and was considered and passed by the City Council of the City of Pasco on November 22, 2021. Page 24 of 190 V. DISCUSSION: Staff presented this amendment to Council at the June 24, 2024, Council Workshop. Staff recommends that certain amendments regarding Water User Fee are necessary and the 10-inch water line fee needs to be included the City's Water Utility Fees list. Page 25 of 190 Ordinance – Amending PMC 3.35.160 – 10” Water Line Rate - 1 ORDINANCE NO. ____ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING THE PASCO MUNICIPAL CODE SECTION 3.35.160 WATER UTILITY, ADJUSTING THE WATER UTILITY BILLING RATES TO INCLUDE A TEN INCH WATER LINE RATE. WHEREAS, Pasco Municipal Code (PMC) Section 3.35.160 contains numerous charges including, but not limited to, Water Utility billing monthly base fees and Water system capital expansion/replacement charges; and WHEREAS, the Water Utility base fee is recurring, which is the basis for the customer’s monthly bill; and WHEREAS, Water system capital expansion/replacement charge is a one-time fee and is charged to all properties at the time of connection; and WHEREAS, the current PMC provides base fees up to meters 8-inch in size while the Water system capital expansion/replacement charge provides a cost for up to meters 10-inch in size; and WHEREAS, the City has the ability to allow the connection of a 10-inch meter but no avenue to assess the monthly bill; and WHEREAS, an overall rate study for all meter sizes was completed in 2021, which was the basis for escalating rate changes for years 2022 through 2026 and was considered and passed by the City Council of the City of Pasco on November 22, 2021; and WHEREAS, the City Council of the City of Pasco, Washington has determined that certain amendments regarding Water User Fee are necessary. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. That Section 3.35.160 entitled “Water utility effective January 1, 2022,” of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 3.35.160 Water utility effective January 1, 2022. Fee/Charge Reference 2021 2022 2023 2024 2025 2026 Inside city: Consumption – per 100 cubic feet: Page 26 of 190 Ordinance – Amending PMC 3.35.160 – 10” Water Line Rate - 2 Fee/Charge Reference 2021 2022 2023 2024 2025 2026 Residential/commercial $0.88 $0.94 $1.00 $1.07 $1.12 $1.18 13.20.050 Bulk – per 1,000 gallons $1.45 $1.54 $1.64 $1.75 $1.84 $1.93 13.20.080 Residential – single- family base fees: 3/4 and 5/8 inch – per month $20.55 $21.89 $23.31 $24.83 $26.07 $27.37 13.20.020 1 inch – per month $30.81 $32.82 $34.95 $37.22 $39.08 $41.03 13.20.020 Senior reduced/low income: 3/4 and 5/8 inch – per month $6.83 $7.27 $7.74 $8.24 $8.65 $9.08 3.65.150 1 inch – per month $10.30 $10.97 $11.68 $12.44 $13.06 $13.71 3.65.150 Commercial – base fees: 3/4 inch – per month $28.97 $30.85 $32.86 $35.00 $36.75 $38.59 13.20.030 1 inch – per month $42.37 $45.12 $48.05 $51.17 $53.73 $56.42 13.20.030 1-1/2 inch – per month $81.60 $86.90 $92.55 $98.57 $103.50 $108.68 13.20.030 2 inch – per month $130.86 $139.37 $148.43 $158.08 $165.98 $174.28 13.20.030 3 inch – per month $178.74 $190.36 $202.73 $215.91 $226.71 $238.05 13.20.030 4 inch – per month $257.54 $274.28 $292.11 $311.10 $326.66 $342.99 13.20.030 6 inch – per month $402.01 $428.14 $455.97 $485.61 $509.89 $535.38 13.20.030 8 inch – per month $557.10 $593.31 $631.88 $672.95 $706.60 $741.93 13.20.030 10 inch – per month $967.36 $1,015.73 $1,066.52 13.20.030 Fee/Charge Reference Outside City; effective 11/1/02: Consumption – per 100 cubic feet: Residential/commercial 90% surcharge 13.20.090 Bulk – per 1,000 gallons 90% surcharge 13.20.090 Residential – single-family base fees: 3/4 and 5/8 inch – per month 90% surcharge 13.20.090 1 inch – per month 90% surcharge 13.20.090 Senior reduced/low income 90% surcharge 13.20.090 Page 27 of 190 Ordinance – Amending PMC 3.35.160 – 10” Water Line Rate - 3 Fee/Charge Reference Commercial – base fees: All sizes 90% surcharge 13.20.090 Fee/Charge Reference Fire hydrants: Meter rental: Refundable deposit Not to exceed 110% of Cost, as determined by the Director of Finance 13.20.080 Nonrefundable removal fee $30.00 13.20.080 Monthly base rental fee $62.00 Late payment and not returning meter after 48 hrs. (per day) $50.00 Hydrant rental – outside corporate limits, per year $20.00 13.20.070 Charges for water meters and services: Meter and service costs equal to average cost to City based on prior year 13.45.010 Move meter for owner Cost + 15% 13.30.060 Change meter size Cost + 15% 13.30.050 Water system capital expansion/replacement charges Inside City limits: 3/4-inch meter $360.00 13.25.010 1-inch meter $601.00 13.25.010 1-1/2-inch meter $1,198 13.25.010 2-inch meter $1,918 13.25.010 3-inch meter $3,599 13.25.010 Page 28 of 190 Ordinance – Amending PMC 3.35.160 – 10” Water Line Rate - 4 Fee/Charge Reference 4-inch meter $5,999 13.25.010 6-inch meter $11,995 13.25.010 8-inch meter $19,192 13.25.010 10-inch meter $27,591 13.25.010 Outside City limits: 3/4 – 10-inch meter 90% surcharge 13.25.020 Front footage (per foot): Residential: In and out City limits $20.00 13.45.020 Commercial: In and out City limits $25.00 13.45.020 Square Footage (per sq. ft.): Residential: In and out City limits $0.0388 13.45.020 Commercial: In and out City limits $0.0426 13.45.020 Water rights acquisition fee – per acre foot $4,150.00 13.45.060(2) 21.05.120(2) Base water rights acquisition fee – per residential (unit $4,150.00 per acre foot x potable use factor .30) $1,245.00 13.15.030(1) Potable water irrigation fee (no irrigation water available) Equal to 50% of the area of the lot or parcel to be served expressed in acres or portion of acres x 3.5- acre feet of water x $4,150.00 (per 13.15.030(1) Page 29 of 190 Ordinance – Amending PMC 3.35.160 – 10” Water Line Rate - 5 Fee/Charge Reference acre foot) Water rights transfer fee $1,000.00 13.15.030(5) [Ord. 4701A § 11, 2023, Ord. 4561 § 1, 2021; Ord. 4406 § 2, 2018; Ord. 4252, 2015; Ord. 4160, 2014; Ord. 4139, 2014; Ord. 3961, 2010; Ord. 3827, 2007; Ord. 3693 § 1, 2004; Ord. 3655, 2004; Ord. 3610, 2003; Ord. 3575, 2002; Ord. 3553, 2002; Ord. 3543, 2002; Code 1970 § 3.07.160.] Section 2. Severability. If any section, subsection, sentence, clause, phrase or word of this Ordinance should be held to the invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the vali dity or constitutionality of any other section, subsection, sentence, clause phrase or word of this Ordinance. Section 3. Corrections. Upon approval by the city attorney, the city clerk or the code reviser are authorized to make necessary corrections to this Ordinance, including scrivener’s errors or clerical mistakes; reference to other local, state, or federal laws, rules, or regulation s; or numbering or referencing of ordinances or their sections and subsections. Section 4. Effective Date. This Ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____, 202_. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Krystle Shanks, CMC Kerr Ferguson Law, PLLC Deputy City Clerk City Attorneys Published: _____________________________ Page 30 of 190 AGENDA REPORT FOR: City Council June 26, 2024 TO: Adam Lincoln, City Manager City Council Regular Meeting: 7/1/24 FROM: Ken Roske, Police Chief Police Department SUBJECT: Section Code Municipal Pasco Amending 4719 No. Ordinance - 9.80.035 Sitting, Lying on Sidewalk in Designated Zone - Adding Streets to Designated Area I. REFERENCE(S): Proposed Ordinance II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No. 4719, amending Pasco Municipal Code Section 9.80.035 "Sitting, Lying on Sidewalk in Designated Zone" to include further, authorize zone and, within streets additional designated publication by summary only. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: The development of the Pasco Municipal Code (PMC) Section 9.80.035 Sitting, Lying on Sidewalk in Designated Zone was driven by the need to improve accessibility, safety, and public health on city sidewalks. As pedestrian traffic and become have walkways increased, development downtown have congested and obstructed. To address this issue, cities across the state have enacted similar measures to ensure that sidewalks can accommodate safe pedestrian passage and public activities. This ordinance aims to keep sidewalks functional while supporting various public uses. The specific provisions of PMC Section 9.80.035 include a general prohibition against sitting or lying on sidewalks in designated high-traffic zones between the hours of 6 AM. and midnight. This rule extends to sitting on any objects placed on the sidewalks, such as chairs or blankets, and includes all sidewalk fixtures at all times, regardless of the hour. Notably, the ordinance outlines Page 31 of 190 exceptions for individuals due to medical emergencies, disabilities, participation in or operation of permitted events, and other scenarios where sitting might be necessary or permissible. Enforcement is designed to be reasonable, requiring that individuals are first informed by law enforcement and given an opportunity to comply before any legal action is taken. On June 17, 2024, City Council adopted Ordinance No. 4717 to consider the needs and rights of all City residents, including those with disabilities and other conditions that might require exceptions to the rule. It defines exceptions and enforcement protocols, the ordinance aims to balance regulation and respect for individual circumstances, thus fostering a safe environment for residents and visitors. V. DISCUSSION: Although presented to Council, upon review of Ordinance No. 4717 staff identified the accidental omission of sections of West Clark Street. Staff recommends amending PMC Section 9.80.035 to include sections of West Clark Street within the designated area as was presented. Page 32 of 190 Ordinance – Amending PMC Section 9.80.035 - 1 ORDINANCE NO. ____ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING PASCO MUNICIPAL CODE SECTION 9.80.035 “SITTING, LYING ON SIDEWALK IN DESIGNATED ZONE” TO INCLUDE ADDITIONAL STREETS WITHIN DESIGNATED ZONE. WHEREAS, the City of Pasco (City) Police Department has found that a new provision within Pasco Municipal Code (PMC) Chapter 9.80 is needed to address the growing concerns of keeping sidewalks free for commerce, community health, and public safety. The City recognized this addition as a useful tool to equip police officers to continue with the City’s revitalization efforts; and WHEREAS, the City Council recently created a new PMC Section 9.80.035 “Sitting, Lying on Sidewalk in Designated Zone” through the adoption of Ordinance No. 4717; and WHEREAS, since Ordinance No. 4717 was enacted, additional streets were identified and need to be included in the designated zone. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Section 9.80.035 entitled “Sitting, Lying on Sidewalk in Designated Zone” of the Pasco Municipal Code shall be and hereby is amended to read as follows: 9.80.035 Sitting, Lying on Sidewalk in Designated Zone. (1) Prohibition. (a) No person may sit or lie down upon a public sidewalk or right-of- way, or upon a blanket, chair, stool, or any other object placed upon a public sidewalk or right-of-way, during the hours between six a.m. and midnight in the zones designated in this section. (b) At all times it is unlawful to sit or lie on any drinking fountain, trash container, planter, bicycle rack, or any other sidewalk fixture not designed primarily for the purpose of sitting. (c) At all times, it is unlawful to sit or lie in any entrance to or exit from any building or parking lot, or on any loading dock. (2) Exceptions. The prohibition in subsection (1) of this section does not apply to any person: Page 33 of 190 Ordinance – Amending PMC Section 9.80.035 - 2 (a) Sitting or lying down due to a medical emergency or due to a sensory, mental, or physical disability; (b) Who, as the result of a sensory, mental, or physical disability, utilizes a wheelchair, walker, or similar device to move about a public sidewalk; (c) Operating or patronizing a business with permission to occupy the sidewalk; (d) Participating in or attending a parade, festival, performance, rally, demonstration, meeting, or similar event conducted on the public sidewalk pursuant to a special event or other applicable permit; (e) Sitting on a chair or bench supplied by a public agency or by the abutting private property owner pursuant to the appropriate permit or license; (f) Sitting within a bus stop zone while waiting for public or private transportation; or (g) Sitting on privately-owned sidewalk fixture with the permission of the owner. (3) No person shall be subject to enforcement under this section unless the person engages in conduct prohibited by this section within the entirety of the zone designated in this section after having been notified by a law enforcement officer that the conduct violates this section and has been given a reasonable amount of time to comply or has refused to comply. If the individual fails to comply in a reasonable time or engages in prohibited conduct in another location within the designated zone, a law enforcement officer may then enforce this section. (4) The zones where the conduct described in section (1) is prohibited are as follows: (a) From West Lewis Street, from North Tacoma Street to North Tenth Avenue; (b) North and South Tacoma Street, between West Clark Street and West Columbia Street; (c) North and South First Avenue, between West Clark Street and West Columbia Street; (d) North and South Second Avenue, between West Clark Street and West Columbia Street; Page 34 of 190 Ordinance – Amending PMC Section 9.80.035 - 3 (e) North and South Third Avenue, between West Clark Street and West Columbia Street; (f) North and South Fourth Avenue, between West Clark Street and West Columbia Street; (g) North and South Fifth Avenue, between West Clark Street and West Columbia Street; (h) South Sixth Avenue, between West Lewis Street and West Columbia Street; (i) South Seventh Avenue, between West Lewis Street and West Columbia Street; (j) South Eighth Avenue, between West Lewis Street and West Columbia Street; (k) South Ninth Avenue, between West Lewis Street and West Columbia Street; and (l) North and South Tenth Avenue, between West Clark Street and West Columbia Street : (m) West Columbia Street, between South Tacoma Street and South Tenth Avenue; (n) West Clark Street, between North Tacoma Street and North First Avenue; (o) West Clark Street, between North First Avenue and North Second Avenue (South Side of Street Only); and (p) West Clark Street, between North Second Avenue and North Fifth Avenue. (5) A violation of PMC 9.80.035 is a misdemeanor. (6) The provisions of this section are declared separate and severable. The invalidity of any clause, sentence, paragraph, section, or portion of this section, or the invalidity of the application thereof to any person or circumstance does not affect the validity of the remainder of this section, or the validity of its application to other persons or circumstances. Page 35 of 190 Ordinance – Amending PMC Section 9.80.035 - 4 Section 2. Severability. If any section, subsection, sentence, clause, phrase, or word of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause phrase or word of this Ordinance. Section 3. Corrections. Upon approval by the city attorney, the city clerk or the code reviser are authorized to make necessary corrections to this Ordinance, including scrivener’s errors or clerical mistakes; reference to other local, state, or federal laws, rules, or regulations; or numbering or referencing of ordinances or their sections and subsections. Section 4. Effective Date. This Ordinance shall take full force and effect five (5) days after approval, passage, and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, on this ____ day of ______, 2024. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Krystle Shanks, CMC Kerr Ferguson Law, PLLC Deputy City Clerk City Attorneys Published: ____________________ Page 36 of 190 AGENDA REPORT FOR: City Council June 26, 2024 TO: Adam Lincoln, City Manager City Council Regular Meeting: 7/1/24 FROM: Maria Serra, Public Works Director Public Works SUBJECT: Resolution No. 4465 - I-182 & Broadmoor Boulevard Interchange Project Change Order No. 6 I. REFERENCE(S): Resolution Exhibit A - Change Order No. 6 Power Point Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. 4465, authorizing the City Manager to execute Change Order No. 6 with Nelson Construction Corp. for the I-182 & Broadmoor Boulevard Interchange Project. III. FISCAL IMPACT: Awarded Construction Contract Amount $ 6,691,534.74 Change Order No. 1 – No. 4 $ 273,958.09 Change Order No. 5 $ 99,691.70 Change Order No. 6 $ 160,053.89 New Contract Total $ 7,225,238.42 IV. HISTORY AND FACTS BRIEF: The existing freeway interchange (I/C) at Broadmoor Boulevard (Road 100) and I-182 serves as the area's primary access point for a large segment of the population in the westerly portion of the City of Pasco (City). As development has occurred over the past decade, demands on the existing I/C have increased proportionately. The cumulative effects of increased commercial development to the south of the interstate; office and commercial uses along Sandifur Boulevard; residential development east of Broadmoor Blvd./Rd. 100; and development of Burns Road between Road 68 and Broadmoor Boulevard have all served to fully utilize the existing I/C. Page 37 of 190 Several improvements to the I/C were identified in collaboration with Washington State Department of Transportation (WSDOT), Federal Highway Administration (FHA), the City, and the local development community and a consultant was hired to prepare design plans. The completed plans and specifications were advertised for bid and on June 30, 2023, Council adopted Resolution No. 4363, which awarded the construction contract to Nelson Construction Corp., for the I-182 & Broadmoor Blvd. Interchange improvement project. additional an of construction The include improvements I/C the eastbound deceleration lane on I-182, a new looped off-ramp for northbound Broadmoor Boulevard traffic, and a roundabout to replace the existing signal at the eastbound on/off-ramps and Broadmoor Boulevard intersection. Since the project’s initiation, several change orders have been identified, reviewed, and approved under the authority delegated to either the Public Works Director or City of Pasco Council. Previously approved Change Orders (CO) No. 1 – No. 4 were approved under the authority of the Public Works Director. CO No. 5 was approved by Council and executed on April 17, 2024. CO No. 6 includes multiple changes due to differing site conditions found in the field or additional items placed on the contract by WSDOT subsequent to their approval of the plan set used in the bid documents. The cost of CO No. 6, in the amount of $160,053.89, exceeds the Public Works Director's delegated approval authority. Items in the change order include electrical service modifications, additional drainage structures and piping, changes to luminaire foundations, grading changes, and additional signage to the looped off-ramp. V. DISCUSSION: This item was presented to Council at the June 24, 2024, Workshop. Staff amount the in approval recommends reviewed 6 No. CO of and $160,053.89, for the I-182 and Broadmoor Boulevard Interchange Project. Page 38 of 190 Resolution – CO 6 – I-182 & Broadmoor Blvd Interchange Project - 1 RESOLUTION NO. _________ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON. AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NO. 6 WITH NELSON CONSTRUCTION CORP. FOR THE I-182 & BROADMOOR BOULEVARD INTERCHANGE PROJECT. WHEREAS, the City of Pasco (City), and Nelson Construction Corp. entered into a Construction Contract on June 30, 2023, for construction of the I-182 & Broadmoor Blvd. Interchange Project; and WHEREAS, I-182 & Broadmoor Blvd. Interchange Project addressed the need for a deceleration lane on Eastbound I-182 offramp, a new loop ramp connecting to Northbound Broadmoor Boulevard, a roundabout at the Eastbound Terminal of Broadmoor Boulevard, active transportation improvements, and other work; and WHEREAS, previously approved Change Orders Nos. 1 – 4 were under the authority provided to the Public Works Director; and WHEREAS, City Council approved Change Order No. 5 on April 15, 2024, as the cumulative sum of the previously approved Change Orders Nos. 1-4, exceeded the City Manager’s authority; and WHEREAS, Change Order No. 6 addresses multiple changes to the contract that were either the result of unforeseen site conditions or additional requirements placed on the contract by the Washington State Department of Transportation (WSDOT); and WHEREAS, the $160,053.89 amount of Change Order No. 6, added to the cumulative sum of the previously approved Change Orders, exceeds the City Manager’s authority, and thus determined to obtain Council Approval; and WHEREAS, the City Council of the City of Pasco, Washington, has after due consideration, determined that it is in the best interest of the City to enter into Change Order No. 6 with Nelson Construction Corp. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City Council of the City of Pasco approves the terms and conditions of Change Order No. 6 between the City of Pasco and Nelson Construction Corp. as attached hereto and incorporated in Exhibit A, and Be It Further Resolved, that the City Manager of the City of Pasco, Washington, is hereby authorized, empowered, and directed to execute said Change Order No. 6 on behalf of the City of Pasco, and Page 39 of 190 Resolution – CO 6 – I-182 & Broadmoor Blvd Interchange Project - 2 Be It Further Resolved, that this resolution shall take effect immediately. PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____, 2024. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Krystle Shanks, CMC Kerr Ferguson Law, PLLC Deputy City Clerk City Attorneys Page 40 of 190 Page 41 of 190 1 Juan Loyola From:Tim Morgan <Tim.Morgan@oneatlas.com> Sent:Tuesday, June 18, 2024 7:35 AM To:Juan Loyola Subject:RE: Change Order No. 6 - Powerpoint Presentation Categories:Broadmoor Interchange Page 43 of 190 Page 44 of 190 Page 45 of 190 Page 46 of 190 Page 47 of 190 Page 48 of 190 Page 49 of 190 Page 50 of 190 Page 51 of 190 Page 52 of 190 Page 53 of 190 Page 54 of 190 Page 55 of 190 Page 56 of 190 Page 57 of 190 Page 58 of 190 Page 59 of 190 Page 60 of 190 Page 61 of 190 Page 62 of 190 Page 63 of 190 Page 64 of 190 Page 65 of 190 Page 66 of 190 Page 67 of 190 Page 68 of 190 Page 69 of 190 Page 70 of 190 Page 71 of 190 Page 72 of 190 Page 73 of 190 Page 74 of 190 Page 75 of 190 Page 76 of 190 Page 77 of 190 Page 78 of 190 Page 79 of 190 Change Order No. 6 Approval – Multiple Contract Changes Pa g e 8 0 o f 1 9 0 I-182 & Broadmoor Blvd. Interchange Overview Approximately 35% complete as of June 2024. I-182 Loop Off Ramp is complete and operating as of June 3. Project is currently scheduled for completion December 2024. Summary of Project Construction Costs o Construction Contract Award w/Nelson Construction, Corp. (June 2023) = $6,691,534.74 o Change Order No. 1 – 4 (Delegated authority PWD &CM Approval) = $273,958.09 o Change Order No. 5 (Council Approved and Executed on 4/17/24) = $99,691.70 o Change Order No. 6 (Council Approval) = $160,053.89 o New Total (All Changes) = $7,225,238.42 Pa g e 8 1 o f 1 9 0 PWRF Improvements Phase 3 I-182 & Broadmoor Blvd. Interchange Project Pa g e 8 2 o f 1 9 0 PWRF Improvements Phase 3 I-182 & Broadmoor Blvd. Interchange Project The following Change Orders have been executed to date: #1. I-182 Guardrail and Terminals #2. Temp Barrier and Temporary Impact Attenuator #3. Fiber Line Relocation #4. Pinning of Temp Barrier, Grinding Existing Pavement & Misc. Items #5. Addition of Dowl and Tie Bars for PCCP Pa g e 8 3 o f 1 9 0 Proposed Change Order N0. 6 The following contract changes are needed to address unforeseen site conditions and additional requirements placed by Washington State Department of Transportation (WSDOT). 1. Electrical Service Modifications 2. Additional Drainage Structures 3. Additional Depth to Luminaire Shaft Foundations 4. Additional Grade Adjustments 5. Additional Signage for the new Loop Off-Ramp Pa g e 8 4 o f 1 9 0 Questions? Pa g e 8 5 o f 1 9 0 AGENDA REPORT FOR: City Council June 25, 2024 TO: Adam Lincoln, City Manager City Council Regular Meeting: 7/1/24 FROM: Maria Serra, Public Works Director Public Works SUBJECT: Resolution No. 4466 - Project Acceptance for GESA Stadium Improvements I. REFERENCE(S): Resolution Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. 4466, accepting work performed by Apollo, Inc. under contract for the GESA Stadium Improvement Project. III. FISCAL IMPACT: See below. IV. HISTORY AND FACTS BRIEF: The GESA Stadium Improvement project was awarded by Public Works bid award to qualified contractor, Apollo, Inc. of Kennewick, WA on August 21, 2023, was Estimate Engineer's The in of amount the $1,705,265.10. $1,960,200.00. The project is now complete and final construction costs were $1,826,629.18. There were 11 change orders issued for the project in the amount of $121,364.08. Formal acceptance of public works projects is required by State law and starts the 45-day period within which an outside vendor, supplier or laborer would have an opportunity to file a claim against this project pursuant to RCW 60.28.011 (2). Upon completion of the 45-day lien filing period, retainage being held by the City may be released upon receipt of the following: Page 86 of 190 An affidavit of no liens A release from the Department of Revenue that all taxes have been paid A release from any claims from the Department of Labor and Industries, pursuant to RCW 60.28.051 V. DISCUSSION: This item was discussed at the June 24, 2024, Council Workshop. Staff recommends the City Council's acceptance of the project as constructed by the above listed contractor. Page 87 of 190 Resolution - GESA Stadium Improvements Project Acceptance- 1 RESOLUTION NO. ________ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, ACCEPTING WORK PERFORMED BY APOLLO INC., UNDER CONTRACT FOR THE GESA STADIUM IMPROVEMENTS PROJECT. WHEREAS, the work performed by Apollo Inc., under contract for Project No. 19997 GESA Stadium Improvements has been examined by City of Pasco (City) Staff and been found to be in apparent compliance with the applicable project specifications and drawings; and WHEREAS, it is the City Staff’s recommendation that the City of Pasco formally accept the contractor's work and the project as complete. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City Council concurs with City Staff’s recommendation and thereby accepts the work performed by Apollo Inc., under contract for Project No. 19997 GESA Stadium Improvements as being completed in apparent compliance with the project specifications and drawings. Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington State Department of Revenue of this acceptance. Be It Further Resolved, that the final payment of retainage being withheld, pursuant to RCW 60.28.011, regulations and administrative process, shall be released upon apparent compliance with and satisfaction of applicable project specifications and verification thereof by Public Works Director and Finance Director. Be It Further Resolved, that this Resolution shall take effect immediately. PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____, 2024. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Krystle Shanks, CMC Kerr Ferguson Law, PLLC Deputy City Clerk City Attorneys Page 88 of 190 Pasco City Council Regular Meeting July 1st, 2024 Pa g e 8 9 o f 1 9 0 GESA STADIUM – Stadium Improvements Project # 19997 Contract awarded on August 21st, 2023, to Apollo Inc. for $1,705,265.10 Pa g e 9 0 o f 1 9 0 GESA STADIUM – Stadium Improvements Project Before Pa g e 9 1 o f 1 9 0 GESA STADIUM – Stadium Improvements In Progress Pa g e 9 2 o f 1 9 0 GESA STADIUM – Stadium Improvements After Final Construction Cost:$1,826,629.18 Change Orders: $121,364.08 Pa g e 9 3 o f 1 9 0 GESA STADIUM – Stadium Improvements Construction Costs Engineer’s Estimate $1,960,200.00 Bid Award $1,705,265.10 Change orders $121,364.08 Final Construction Costs $1,826,629.18 Change Order No.Change Order Description Change order Amount 1 Additional 18 lockers $36,356.97 2 Addition of new fire alarm system per Code $41,866.52 3 Addition of Sheet Vinyl Flooring for Training room $6,098.00 4 Mold abatements Home and Visitor Clubhouses $25,053.73 5 Additional work to raise the waterline from 10’ deep to 42” deep $10,404.06 6 Additional seven (7) outlet receptacles $1,390.99 7 Repair 24’ of tile base in home shower and 8’ of tile base in visitor shower $2,074.07 8 Add Sprinkler cages to heads above lockers in locker rooms $1,003.35 9 Add rubber base in rooms 107,109,112,112a,307,309,311, & 312 $1869.14 10 Added Ceiling tile to rooms 107,109,307, and 309 $2,384.55 11 Patched CMU wall in Fire riser room. Credits for omitting Door 114c, changing ridged conduit to EMT at locker rooms, and installing spray insulation instead of ridged insulation in locker rooms. Reconciliation of Project added sales tax to alternates not captured in AIA documentation and added sales tax omitted due to math error. ($7,137.28) Pa g e 9 4 o f 1 9 0 Questions? Pa g e 9 5 o f 1 9 0 AGENDA REPORT FOR: City Council June 27, 2024 TO: Adam Lincoln, City Manager City Council Regular Meeting: 7/1/24 FROM: Maria Serra, Director Public Works SUBJECT: Martin Luther King Jr (MLK) Community Center Improvements Update (10 minutes) I. REFERENCE(S): Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Presentation - Steve Roth, Principal at Architects West, will provide an update on MLK Community Center III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: Community outreach and project stakeholder engagement efforts for the Martin Luther King Jr.(MLK) Community Center included the following: Event Poster and Survey Distribution Open House Events and Accompanying Dot Poll Board Surveys Television, Radio and Social Media Engagement Individual Meetings with Special Interest Groups At the conclusion of the community outreach, the data was evaluated, culminating in a clearer understanding of the community's needs and focus as it relates to the future development of the MLK Community Center. V. DISCUSSION: Architects West is providing an overall update of community outreach findings and potential steps for the path forward, which is attached for discussion. Page 96 of 190 Page 97 of 190 Pa g e 9 8 o f 1 9 0 Pa g e 9 9 o f 1 9 0 Pa g e 1 0 0 o f 1 9 0 Pa g e 1 0 1 o f 1 9 0 Pa g e 1 0 2 o f 1 9 0 Pa g e 1 0 3 o f 1 9 0 Pa g e 1 0 4 o f 1 9 0 Total Cost: $11,275,223 Pa g e 1 0 5 o f 1 9 0 Total Cost: $12,282,614 Pa g e 1 0 6 o f 1 9 0 Total Cost: $12,465,894 Pa g e 1 0 7 o f 1 9 0 Pa g e 1 0 8 o f 1 9 0 Pa g e 1 0 9 o f 1 9 0 Pa g e 1 1 0 o f 1 9 0 Pa g e 1 1 1 o f 1 9 0 THANK YOU! Pa g e 1 1 2 o f 1 9 0 AGENDA REPORT FOR: City Council July 26, 2023 TO: Adam Lincoln, City Manager City Council Regular Meeting: 7/1/24 FROM: Darcy Buckley, Finance Director Finance SUBJECT: Ordinance No. 4720 - Issuance of 2024 Bond - Limited Tax General Obligation (3 minutes) I. REFERENCE(S): Ordinance Approval II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION:contracting to relating 4720, No. to adopt move I Ordinance indebtedness; providing for the issuance, sale and delivery of not to exceed $39,000,000 aggregate principal amount of limited tax general obligation bonds to in the of respect improvements to make funds provide infrastructure Broadmoor Increment Area designated by Ordinance No. 4618 and to pay the costs of issuance and sale of the bonds; fixing or setting parameters with respect to certain terms and covenants of the bonds; appointing the City’s designated representative to approve the final terms of the sale of the bonds; and by publication authorize further, and, related for providing matters summary only. III. FISCAL IMPACT: New Limited Tax General Obligation Bond (LTGO) not to exceed $39M with estimated average annual debt service of approximately $2.7M, depending upon interest rate at issuance. IV. HISTORY AND FACTS BRIEF: The Broadmoor Tax Increment Area (TIA) was established on October 31, 2022, following the adoption of Ordinance No. 4618. This TIA encompasses approximately 671 acres and is poised to become a major economic driver for the Pasco community. The initiative aims to boost tax revenues to enhance city services and create job and housing opportunities for local residents. The associated public improvements are projected to cost around $39 million. Page 113 of 190 Since the establishment of the Broadmoor TIA, significant progress has been made. The initial task involved large-scale grading to prepare for the and irrigation, sewer, water, well as roadways, new of construction as stormwater infrastructure. In 2023, the water, sewer, and irrigation utilities issued totaling revenue bond debt $6.1 million to support concurrent improvements in the Broadmoor TIA. Additionally, the sewer utility is utilizing $1 complete reserves further fee to available from million expansion improvements within the area. V. DISCUSSION: Given the highly specialized and regulated nature of debt issuance, the City collaborates advisors, financial includes that team" a with "finance underwriters, and bond counsel, working alongside City staff. The initial planning meeting for debt issuance began in March of this year. Based on the progress made since the initial planning meeting, the staff is now presenting the bonding plan for the issuance of Limited Tax General Obligation Bonds (LTGO). These bonds, often referred to as councilmanic bonds, can be issued by the legislative body of a municipal entity without voter approval. Since voters have not been asked to approve additional taxes to support the debt service payments required to repay the debt, existing General Fund revenues must be used for this purpose. LTGO debt is backed by the full faith, credit, and resources of the municipality. Given the existence of the Broadmoor TIA, an additional funding source for the debt service of this bond issuance is the incremental growth in property tax revenues within the TIA. With the exception of property tax collections for the Pasco School District and the State of Washington, all property tax receipts in the Broadmoor TIA will be allocated to the City to support the associated debt service. Initial planning estimates for the roadway improvements had the City obtaining debt financing of $24 million. However, a recently completed partnership between the City, Pasco Public Facilities District (PPFD), and Broadmoor Properties, has TIA, Broadmoor the majority landowner current the in addressed complementary project needs and resources. Consequently, the full debt value of $39 million is expected to be issued. Debt service will be shared between the partners and dependent upon level of TIA property tax receipts. of approval the are process issuance the in steps final The this bond ordinance, achievement of a bond rating, and the bond sale. The sale of bonds is anticipated to occur near the end of July 2024. While market conditions at time of sale will dictate, the most recent estimate of interest cost of less than 5%. Page 114 of 190 Page 115 of 190 FG: 102496223.4 CITY OF PASCO, WASHINGTON ORDINANCE NO. _____ AN ORDINANCE of the City of Pasco, Washington, relating to contracting indebtedness; providing for the issuance, sale and delivery of not to exceed $39,000,000 aggregate principal amount of limited tax general obligation bonds to provide funds to make infrastructure improvements in respect of the Broadmoor Increment Area designated by Ordinance No. 4618 and to pay the costs of issuance and sale of the bonds; fixing or setting parameters with respect to certain terms and covenants of the bonds; appointing the City’s designated representative to approve the final terms of the sale of the bonds; and providing for related matters. Passed: July 1, 2024 This document prepared by: Foster Garvey P.C. 1111 Third Avenue, Suite 3000 Seattle, Washington 98101 (206) 447-4400 Page 116 of 190 -i- FG: 102496223.4 TABLE OF CONTENTS* Page Section 1. Definitions............................................................................................................... 1 Section 2. Findings and Determinations .................................................................................. 4 Section 3. Authorization of Bonds ........................................................................................... 5 Section 4. Description of the Bonds; Appointment of Designated Representative ................. 5 Section 5. Bond Registrar; Registration and Transfer of Bonds .............................................. 6 Section 6. Form and Execution of Bonds ................................................................................ 7 Section 7. Payment of Bonds ................................................................................................... 7 Section 8. Funds and Accounts; Deposit of Bond Proceeds .................................................... 7 Section 9. Redemption Provisions and Purchase of Bonds ..................................................... 8 Section 10. Failure to Pay Bonds ............................................................................................... 9 Section 11. Pledge of Taxes and Tax Allocation Revenues ...................................................... 9 Section 12. Tax Covenants ...................................................................................................... 10 Section 13. Refunding or Defeasance of the Bonds ................................................................ 10 Section 14. Sale and Delivery of the Bonds ............................................................................ 11 Section 15. Official Statement; Continuing Disclosure ........................................................... 11 Section 16. Supplemental and Amendatory Ordinances.......................................................... 12 Section 17. General Authorization and Ratification ................................................................ 12 Section 18. Severability ........................................................................................................... 12 Section 19. Effective Date of Ordinance ................................................................................. 12 Exhibit A Parameters for Final Terms Exhibit B Form of Undertaking to Provide Continuing Disclosure *The cover page, table of contents and section headings of this ordinance are for convenience of reference only, and shall not be used to resolve any question of interpretation of this ordinance. Page 117 of 190 1 FG: 102496223.4 CITY OF PASCO, WASHINGTON ORDINANCE NO. ____ AN ORDINANCE of the City of Pasco, Washington, relating to contracting indebtedness; providing for the issuance, sale and delivery of not to exceed $39,000,000 aggregate principal amount of limited tax general obligation bonds to provide funds to make infrastructure improvements in respect of the Broadmoor Increment Area designated by Ordinance No. 4618 and to pay the costs of issuance and sale of the bonds; fixing or setting parameters with respect to certain terms and covenants of the bonds; appointing the City’s designated representative to approve the final terms of the sale of the bonds; and providing for related matters. THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN as follows: Section 1. Definitions. As used in this ordinance, the following capitalized terms shall have the following meanings: (a) “Authorized Denomination” means $5,000 or any integral multiple thereof within a maturity. (b) “Beneficial Owner” means, with respect to a Bond, the owner of any beneficial interest in that Bond. (c) “Bond” means each bond issued pursuant to and for the purposes provided in this ordinance. (d) “Bond Counsel” means the firm of Foster Garvey P.C., its successor, or any other attorney or firm of attorneys selected by the City with a nationally recognized standing as bond counsel in the field of municipal finance. (e) “Bond Fund” means the Limited Tax General Obligation Bond Fund, 2024, of the City created for the payment of the principal of and interest on the Bonds. (f) “Bond Purchase Contract” means an offer to purchase a Series of Bonds setting forth certain terms and conditions of the issuance, sale and delivery of those Bonds, which offer is authorized to be accepted by the Designated Representative on behalf of the City, if consistent with this ordinance. (g) “Bond Register” means the books or records maintained by the Bond Registrar for the purpose of identifying ownership of each Bond. (h) “Bond Registrar” means the Fiscal Agent, or any successor bond registrar selected by the City. Page 118 of 190 2 FG: 102496223.4 (i) “City” means the City of Pasco, Washington, a municipal corporation duly organized and existing under the laws of the State. (j) “City Clerk” means the City Clerk of the City or the successor to the functions of that officer. (k) “City Council” means the legislative authority of the City, as duly and regularly constituted from time to time. (l) “City Manager” means the City’s City Manager or such other officer of the City who succeeds to substantially all of the responsibilities of that office. (m) “Code” means the United States Internal Revenue Code of 1986, as amended, and applicable rules and regulations promulgated thereunder. (n) “Deputy City Manager” means the City’s Deputy City Manager or such other officer of the City who succeeds to substantially all of the responsibilities of that office. (o) “DTC” means The Depository Trust Company, New York, New York, or its nominee. (p) “Designated Representative” means the officer of the City appointed in Section 4 of this ordinance to serve as the City’s designated representative in accordance with RCW 39.46.040(2). (q) “Final Terms” means the terms and conditions for the sale of a Series of Bonds including the amount, date or dates, denominations, interest rate or rates (or mechanism for determining interest rate or rates), payment dates, final maturity, redemption rights, price, and other terms or covenants. (r) “Finance Director” means the City’s Finance Director or such other officer of the City who succeeds to substantially all of the responsibilities of that office. (s) “Fiscal Agent” means the fiscal agent of the State, as the same may be designated by the State from time to time. (t) “Government Obligations” has the meaning given in RCW 39.53.010, as now in effect or as may hereafter be amended. (u) “Increment Area” has the meaning ascribed to such term in the Increment Area Ordinance and includes the 671 acres of land designated by Section 2 of the Increment Area Ordinance as the “Broadmoor Increment Area.” (v) “Increment Area Ordinance” means Ordinance No. 4618, passed by the City Council on October 31, 2022, designating the Increment Area and providing for related matters. (w) “Increment Value” means 100 percent of any increase in the true and fair value of real property in the Increment Area that is placed on the tax rolls after June 1, 2023. Page 119 of 190 3 FG: 102496223.4 (x) “Issue Date” means, with respect to a Bond, the date of initial issuance and delivery of that Bond to the Purchaser in exchange for the purchase price of that Bond. (y) “Letter of Representations” means the Blanket Issuer Letter of Representations between the City and DTC dated August 31, 1998, as it may be amended from time to time, and any successor or substitute letter relating to the operational procedures of the Securities Depository. (z) “Mayor” means the Mayor of the City or the successor to the functions of that office. (aa) “MSRB” means the Municipal Securities Rulemaking Board. (bb) “Official Statement” means an offering document, disclosure document, private placement memorandum or substantially similar disclosure document provided to purchasers and potential purchasers in connection with the initial offering of the Bonds in conformance with Rule 15c2-12 or other applicable regulations of the SEC. (cc) “Owner” means, without distinction, the Registered Owner and the Beneficial Owner. (dd) “Projects” means the public infrastructure improvements located within or outside of and serving the Increment Area and identified in Section 4 of the Increment Area Ordinance. Without limiting the foregoing, the term “Projects” includes: (1) Water supply improvements needed to connect the Increment Area with the City’s domestic water system to provide water service to the Increment Area; (2) Sewer and wastewater improvements needed to connect to the City’s sanitary sewer system to provide sewer service to the Increment Area; (3) Streets, roads, streetlights and other road improvements needed to serve the Increment Area; and (4) Costs related to the issuance, sale and delivery of the Bonds and incidental costs incurred in connection with carrying out and accomplishing the Projects, consistent with RCW 39.46.070. (ee) “Project Account” means the account of the City created by the Finance Director into which proceeds of the Bonds are deposited for the purpose of carrying out the Projects. (ff) “Purchaser” means D.A. Davidson & Co. of Seattle, Washington, or such other purchaser of the Bonds whose offer is accepted by the Designated Representative in accordance with this ordinance. (gg) “Rating Agency” means any nationally recognized rating agency then maintaining a rating on the Bonds at the request of the City. Page 120 of 190 4 FG: 102496223.4 (hh) “Record Date” means the Bond Registrar’s close of business on the 15th day of the month preceding an interest payment date. With respect to redemption of a Bond prior to its maturity, the Record Date shall mean the Bond Registrar’s close of business on the date on which the Bond Registrar sends the notice of redemption in accordance with Section 9. (ii) “Registered Owner” means, with respect to a Bond, the person in whose name that Bond is registered on the Bond Register. For so long as the City utilizes the book-entry only system for the Bonds under the Letter of Representations, Registered Owner shall mean the Securities Depository. (jj) “Rule 15c2-12” means Rule 15c2-12 promulgated by the SEC under the Securities Exchange Act of 1934, as amended. (kk) “SEC” means the United States Securities and Exchange Commission. (ll) “Securities Depository” means DTC, any successor thereto, any substitute securities depository selected by the City that is qualified under applicable laws and regulations to provide the services proposed to be provided by it, or the nominee of any of the foregoing. (mm) “Series of Bonds” or “Series” means a series of the Bonds issued pursuant to this ordinance. (nn) “State” means the State of Washington. (oo) “System of Registration” means the system of registration for the City’s bonds and other obligations set forth in Ordinance No. 2845 of the City. (pp) “Tax Allocation Revenues” means those revenues derived from the imposition of regular property taxes on the Increment Value. (qq) “Term Bond” means each Bond designated as a Term Bond and subject to mandatory redemption in the years and amounts set forth in the Bond Purchase Contract. (rr) “Undertaking” means the undertaking to provide continuing disclosure entered into pursuant to Section 15(c) of this ordinance. Section 2. Findings and Determinations. The City takes note of the following facts and makes the following findings and determinations: (a) Authority and Description of Projects. Pursuant to the Increment Area Ordinance, the City designated the Increment Area and identified the Projects to be paid, repaid or reimbursed from Tax Allocation Revenues and/or limited tax general obligation bonds secured by Tax Allocation Revenues and other regular property tax revenues, other lawfully available revenues and the full faith, credit and resources of the City, including without limitation the Bonds. The City is in need of the Projects to encourage major private development that will not occur without the construction of the Projects. The City Council therefore finds that it is in the best interests of the City to carry out the Projects. Page 121 of 190 5 FG: 102496223.4 (b) Plan of Financing. Pursuant to applicable law, including without limitation chapters 39.36, 39.44, 39.46 and 39.114 RCW, the City is authorized to issue general obligation bonds for the purpose of paying, repaying or reimbursing costs of the Projects. The total expected cost of the Projects is approximately $39,000,000, which is expected to be financed with proceeds of the Bonds, other funds of the City and other sources. (c) Debt Capacity. The maximum amount of indebtedness authorized by this ordinance is $39,000,000. Based on the following facts, this amount is to be issued within the amount permitted to be issued by the City for general municipal purposes without a vote: (1) The assessed valuation of the taxable property within the City as ascertained by the last preceding assessment for City purposes for collection in the calendar year 2024 is $12,331,147,293. (2) As of March 31, 2024, the City had limited tax general obligation indebtedness, consisting of bonds, notes, leases and conditional sales contracts outstanding in the principal amount of $37,876,000, which is incurred within the limit of up to 1½% of the value of the taxable property within the City permitted for general municipal purposes without a vote. (3) As of March 31, 2024, the City had no outstanding unlimited tax general obligation indebtedness. (d) The Bonds. For the purpose of providing the funds necessary to pay or reimburse costs of the Projects and to pay the costs of issuance and sale of the Bonds, the City Council finds that it is in the best interests of the City and its taxpayers to issue and sell the Bonds to the Purchaser, pursuant to the terms set forth in the Bond Purchase Contract as approved by the City’s Designated Representative consistent with this ordinance. Section 3. Authorization of Bonds. The City is authorized to borrow money on the credit of the City and issue negotiable limited tax general obligation bonds in one or more Series evidencing indebtedness in the aggregate principal amount not to exceed $39,000,000 to provide funds necessary to carry out the Projects and to pay the costs of issuance and sale of the Bonds. The proceeds of the Bonds allocated to paying the cost of the Projects shall be deposited as set forth in Section 8 of this ordinance and shall be used to carry out the Projects, or a portion of the Projects, in such order of time as the City determines is advisable and practicable. Section 4. Description of the Bonds; Appointment of Designated Representative. The City Manager, the Deputy City Manager and the Finance Director each are appointed as the Designated Representative of the City and each of them acting alone is authorized and directed to conduct the sale of the Bonds in the manner and upon the terms deemed most advantageous to the City, and to approve the Final Terms of the Bonds, with such additional terms and covenants as the Designated Representative deems advisable, within the parameters set forth in Exhibit A, which is attached to this ordinance and incorporated by this reference. Page 122 of 190 6 FG: 102496223.4 Section 5. Bond Registrar; Registration and Transfer of Bonds. (a) Registration of Bonds; Bond Register. Each Bond shall be issued only in registered form as to both principal and interest and the ownership of each Bond shall be recorded on the Bond Register. The Bond Register shall contain the name and mailing address of each Registered Owner and the principal amount and number of each Bond held by each Registered Owner. (b) Bond Registrar; Duties. The Fiscal Agent is appointed as initial Bond Registrar. The Bond Registrar shall keep, or cause to be kept, the Bond Register, which shall be open to inspection by the City at all times. The Bond Registrar is authorized, on behalf of the City, to authenticate and deliver Bonds transferred or exchanged in accordance with the provisions of the Bonds and this ordinance, to serve as the City’s paying agent for the Bonds and to carry out all of the Bond Registrar’s powers and duties under this ordinance and the System of Registration. The Bond Registrar shall be responsible for its representations contained in the Bond Registrar’s Certificate of Authentication on each Bond. The Bond Registrar may become an Owner with the same rights it would have if it were not the Bond Registrar and, to the extent permitted by law, may act as depository for and permit any of its officers or directors to act as members of, or in any other capacity with respect to, any committee formed to protect the rights of Owners. (c) Transfer or Exchange. A Bond surrendered to the Bond Registrar may be exchanged for a Bond or Bonds in any Authorized Denomination of an equal aggregate principal amount and of the same interest rate and maturity. A Bond may be transferred only if endorsed in the manner provided thereon and surrendered to the Bond Registrar. Any exchange or transfer shall be without cost to the Owner or transferee. The Bond Registrar shall not be obligated to exchange any Bond or transfer registered ownership during the period between the applicable Record Date and the next upcoming interest payment or redemption date. (d) Securities Depository; Book-Entry Only Form. DTC is appointed as initial Securities Depository. Each Bond initially shall be registered in the name of Cede & Co., as the nominee of DTC. Each Bond registered in the name of the Securities Depository shall be held fully immobilized in book-entry only form by the Securities Depository in accordance with the provisions of the Letter of Representations. Registered ownership of any Bond registered in the name of the Securities Depository may not be transferred except: (i) to any successor Securities Depository; (ii) to any substitute Securities Depository appointed by the City; or (iii) to any person if the Bond is no longer to be held in book-entry only form. Upon the resignation of the Securities Depository, or upon a termination of the services of the Securities Depository by the City, the City may appoint a substitute Securities Depository. If (i) the Securities Depository resigns and the City does not appoint a substitute Securities Depository, or (ii) the City terminates the services of the Securities Depository, the Bonds no longer shall be held in book-entry only form and the registered ownership of each Bond may be transferred to any person as provided in this ordinance. Neither the City nor the Bond Registrar shall have any obligation to participants of any Securities Depository or the persons for whom they act as nominees regarding accuracy of any records maintained by the Securities Depository or its participants. Neither the City nor the Bond Registrar shall be responsible for any notice that is permitted or required to be given to a Registered Owner except such notice as is required to be given by the Bond Registrar to the Securities Depository. Page 123 of 190 7 FG: 102496223.4 Section 6. Form and Execution of Bonds. (a) Form of Bonds; Signatures and Seal. Each Bond shall be prepared in a form consistent with the provisions of this ordinance and State law. Each Bond shall be signed by the Mayor and the City Clerk, either or both of whose signatures may be manual or in facsimile, and the seal of the City or a facsimile reproduction thereof shall be impressed or printed thereon. If any officer whose manual or facsimile signature appears on a Bond ceases to be an officer of the City authorized to sign bonds before the Bond bearing his or her manual or facsimile signature is authenticated by the Bond Registrar, or issued or delivered by the City, that Bond nevertheless may be authenticated, issued and delivered and, when authenticated, issued and delivered, shall be as binding on the City as though that person had continued to be an officer of the City authorized to sign bonds. Any Bond also may be signed on behalf of the City by any person who, on the actual date of signing of the Bond, is an officer of the City authorized to sign bonds, although he or she did not hold the required office on its Issue Date. (b) Authentication. Only a Bond bearing a Certificate of Authentication in substantially the following form, manually signed by the Bond Registrar, shall be valid or obligatory for any purpose or entitled to the benefits of this ordinance: “Certificate of Authentication. This Bond is one of the fully registered City of Pasco, Washington, Limited Tax General Obligation Bonds, [Series], described in the Bond Ordinance.” The authorized signing of a Certificate of Authentication shall be conclusive evidence that the Bond so authenticated has been duly executed, authenticated and delivered and is entitled to the benefits of this ordinance. Section 7. Payment of Bonds. Principal of and interest on each Bond shall be payable in lawful money of the United States of America. Principal of and interest on each Bond registered in the name of the Securities Depository is payable in the manner set forth in the Letter of Representations. Interest on each Bond not registered in the name of the Securities Depository is payable by electronic transfer on the interest payment date, or by check or draft of the Bond Registrar mailed on the interest payment date to the Registered Owner at the address appearing on the Bond Register on the Record Date. The City is not required to make electronic transfers except pursuant to a request by a Registered Owner in writing received on or prior to the Record Date and at the sole expense of the Registered Owner. Principal of each Bond not registered in the name of the Securities Depository is payable upon presentation and surrender of the Bond by the Registered Owner to the Bond Registrar. The Bonds are not subject to acceleration under any circumstances. Section 8. Funds and Accounts; Deposit of Bond Proceeds. (a) Bond Fund. The Bond Fund is created as a special fund of the City for the sole purpose of paying principal of and interest on the Bonds. Accrued interest on the Bonds, if any, shall be deposited into the Bond Fund. All amounts allocated to the payment of the principal of and interest on the Bonds shall be deposited in the Bond Fund as necessary for the timely payment of amounts due with respect to the Bonds. The principal of and interest on the Bonds shall be paid out of the Bond Fund. Until needed for that purpose, the City may invest money in the Bond Fund temporarily in any legal investment, and the investment earnings shall be retained in the Bond Fund and used for the purposes of that fund. Page 124 of 190 8 FG: 102496223.4 (b) Project Account. The Project Account has been previously created as an account of the City for the purpose of paying the costs of the Projects. Proceeds received from the sale and delivery of the Bonds shall be deposited into the Project Account and used to pay the costs of the Projects and costs of issuance of the Bonds. Until needed to pay such costs, the City may invest those proceeds temporarily in any legal investment, and the investment earnings shall be retained in the Project Account and used for the purposes of that fund, except that earnings subject to a federal tax or rebate requirement (if applicable) may be withdrawn from the Project Account and used for those tax or rebate purposes. Section 9. Redemption Provisions and Purchase of Bonds. (a) Optional Redemption. The Bonds shall be subject to redemption at the option of the City on terms acceptable to the Designated Representative, as set forth in the Bond Purchase Contract, consistent with the parameters set forth in Exhibit A. (b) Mandatory Redemption. Each Bond that is designated as a Term Bond in the Bond Purchase Contract, consistent with the parameters set forth in Exhibit A and except as set forth below, shall be called for redemption at a price equal to the stated principal amount to be redeemed, plus accrued interest, on the dates and in the amounts as set forth in the Bond Purchase Contract. If a Term Bond is redeemed under the optional redemption provisions, defeased or purchased by the City and surrendered for cancellation, the principal amount of the Term Bond so redeemed, defeased or purchased (irrespective of its actual redemption or purchase price) shall be credited against one or more scheduled mandatory redemption installments for that Term Bond. The City shall determine the manner in which the credit is to be allocated and shall notify the Bond Registrar in writing of its allocation prior to the earliest mandatory redemption date for that Term Bond for which notice of redemption has not already been given. (c) Selection of Bonds for Redemption; Partial Redemption. If fewer than all of the outstanding Bonds are to be redeemed at the option of the City, the City shall select the Series and maturities to be redeemed. If fewer than all of the outstanding Bonds of a maturity are to be redeemed, the Securities Depository shall select Bonds registered in the name of the Securities Depository to be redeemed in accordance with the Letter of Representations, and the Bond Registrar shall select all other Bonds to be redeemed randomly in such manner as the Bond Registrar shall determine. All or a portion of the principal amount of any Bond that is to be redeemed may be redeemed in any Authorized Denomination. If less than all of the outstanding principal amount of any Bond is redeemed, upon surrender of that Bond to the Bond Registrar, there shall be issued to the Registered Owner, without charge, a new Bond (or Bonds, at the option of the Registered Owner) of the same Series, maturity and interest rate in any Authorized Denomination in the aggregate principal amount to remain outstanding. (d) Notice of Redemption. Notice of redemption of each Bond registered in the name of the Securities Depository shall be given in accordance with the Letter of Representations. Notice of redemption of each other Bond, unless waived by the Registered Owner, shall be given by the Bond Registrar not less than 20 nor more than 60 days prior to the date fixed for redemption by first-class mail, postage prepaid, to the Registered Owner at the address appearing on the Bond Register on the Record Date. The requirements of the preceding sentence shall be satisfied when notice has been mailed as so provided, whether or not it is actually received by an Owner. In Page 125 of 190 9 FG: 102496223.4 addition, the redemption notice shall be mailed or sent electronically within the same period to the MSRB (if required under the Undertaking), to each Rating Agency, and to such other persons and with such additional information as the Finance Director shall determine, but these additional mailings shall not be a condition precedent to the redemption of any Bond. (e) Rescission of Optional Redemption Notice. In the case of an optional redemption, the notice of redemption may state that the City retains the right to rescind the redemption notice and the redemption by giving a notice of rescission to the affected Registered Owners at any time on or prior to the date fixed for redemption. Any notice of optional redemption that is so rescinded shall be of no effect, and each Bond for which a notice of redemption has been rescinded shall remain outstanding. (f) Effect of Redemption. Interest on each Bond called for redemption shall cease to accrue on the date fixed for redemption, unless either the notice of optional redemption is rescinded as set forth above, or money sufficient to effect such redemption is not on deposit in the Bond Fund or in a trust account established to refund or defease the Bond. (g) Purchase of Bonds. The City reserves the right to purchase any or all of the Bonds offered to the City or in the open market at any time at any price acceptable to the City plus accrued interest to the date of purchase. All Bonds so purchased shall be canceled. Section 10. Failure to Pay Bonds. If the principal of any Bond is not paid when the Bond is properly presented at its maturity or date fixed for redemption, the City shall be obligated to pay interest on that Bond at the same rate provided in the Bond from and after its maturity or date fixed for redemption until that Bond, both principal and interest, is paid in full or until sufficient money for its payment in full is on deposit in the Bond Fund, or in a trust account established to refund or defease the Bond, and the Bond has been called for payment by giving notice of that call to the Registered Owner. Section 11. Pledge of Taxes and Tax Allocation Revenues. The Bonds constitute a general indebtedness of the City and are payable from tax revenues of the City , Tax Allocation Revenues and such other money as is lawfully available and pledged by the City for the payment of principal of and interest on the Bonds. (a) Property Taxes. For as long as any of the Bonds are outstanding, the City irrevocably pledges that it shall, in the manner provided by law within the constitutional and statutory limitations provided by law without the assent of the voters, include in its annual property tax levy amounts sufficient, together with other money that is lawfully available, to pay principal of and interest on the Bonds as the same become due. The full faith, credit and resources of the City are pledged irrevocably for the prompt payment of the principal of and interest on the Bonds and such pledge shall be enforceable in mandamus against the City. (b) Tax Allocation Revenues. The City irrevocably pledges to apply the Tax Allocation Revenues to the payment of the principal of and premium, if any, and interest on the Bonds when due. The City pledges and covenants to the fullest extent permitted by law, that the City’s entitlement to the Tax Allocation Revenues shall be maintained, continued and enforced until the Bonds, including all principal and premium, if any, and interest, are fully paid and retired. Upon Page 126 of 190 10 FG: 102496223.4 receipt, Tax Allocation Revenues shall be used for the following purposes only and shall be applied in the following order of priority: (1) To pay interest on the Bonds when due; (2) To pay principal of and premium, if any, on the Bonds when due, whether at maturity or pursuant to mandatory sinking fund redemption or optional redemption; (3) To make payments when due under any reimbursement agreement entered into in connection with bond insurance; (4) To pay, repay or reimburse costs of the Projects; (5) To repay or reimburse the City for payments of principal of and premium, if any, and interest on the Bonds at any time made by the City from any source other than Tax Allocation Revenues; and (6) To retire by redemption or purchase any outstanding Bonds. Section 12. Tax Covenants. (a) Preservation of Tax Exemption for Interest on Bonds. The City covenants that it will take all actions necessary to prevent interest on the Bonds from being included in gross income for federal income tax purposes, and it will neither take any action nor make or permit any use of proceeds of the Bonds or other funds of the City treated as proceeds of the Bonds that will cause interest on the Bonds to be included in gross income for federal income tax purposes. The City also covenants that it will, to the extent the arbitrage rebate requirements of Section 148 of the Code are applicable to the Bonds, take all actions necessary to comply (or to be treated as having complied) with those requirements in connection with the Bonds. (b) Post-Issuance Compliance. The Finance Director is authorized and directed to review and update the City’s written procedures to facilitate compliance by the City with the covenants in this ordinance and the applicable requirements of the Code that must be satisfied after the Issue Date to prevent interest on the Bonds from being included in gross income for federal tax purposes. Section 13. Refunding or Defeasance of the Bonds. The City may issue refunding bonds pursuant to State law or use money available from any other lawful source to carry out a refunding or defeasance plan, which may include (a) paying when due the principal of and interest on any or all of the Bonds (the “defeased Bonds”); (b) redeeming the defeased Bonds prior to their maturity; and (c) paying the costs of the refunding or defeasance. If the City sets aside in a special trust fund or escrow account irrevocably pledged to that redemption or defeasance (the “trust account”), money and/or Government Obligations maturing at a time or times and bearing interest in amounts sufficient to redeem, refund or defease the defeased Bonds in accordance with their terms, then all right and interest of the Owners of the defeased Bonds in the covenants of this ordinance and in the funds and accounts obligated to the payment of the defeased Bonds shall cease and become void. Thereafter, the Owners of defeased Bonds shall have the right to receive Page 127 of 190 11 FG: 102496223.4 payment of the principal of and interest on the defeased Bonds solely from the trust account and the defeased Bonds shall be deemed no longer outstanding. In that event, the City may apply money remaining in any fund or account (other than the trust account) established for the payment or redemption of the defeased Bonds to any lawful purpose. Unless otherwise specified by the City in a refunding or defeasance plan, notice of refunding or defeasance shall be given, and selection of Bonds for any partial refunding or defeasance shall be conducted, in the manner prescribed in this ordinance for the redemption of Bonds. Section 14. Sale and Delivery of the Bonds. (a) Manner of Sale of Bonds; Delivery of Bonds. The Designated Representative is authorized to sell the Bonds in one or more Series by negotiated sale to the Purchaser, based on the assessment of the Designated Representative of market conditions, in consultation with appropriate City officials and staff, Bond Counsel and other advisors. In accepting the Final Terms of each Series, the Designated Representative shall take into account those factors that, in the judgment of the Designated Representative, may be expected to result in the lowest true interest cost to the City. The Bond Purchase Contract for each Series shall set forth the Final Terms. The Designated Representative is authorized to execute the Bond Purchase Contract for each Series on behalf of the City, so long as the terms provided therein are consistent with the terms of this ordinance. (b) Preparation, Execution and Delivery of the Bonds. The Bonds will be prepared at City expense and will be delivered to the Purchaser in accordance with the Bond Purchase Contract, together with the approving legal opinion of Bond Counsel regarding the Bonds. Section 15. Official Statement; Continuing Disclosure. (a) Preliminary Official Statement Deemed Final. The Designated Representative shall review and, if acceptable to him or her, approve the preliminary Official Statement prepared in connection with each sale of the Bonds to the public. For the sole purpose of the Purchaser’s compliance with paragraph (b)(1) of Rule 15c2-12, the Designated Representative is authorized to deem that preliminary Official Statement final as of its date, except for the omission of information permitted to be omitted by Rule 15c2-12. The City approves the distribution to potential purchasers of the Bonds of a preliminary Official Statement that has been approved by the Designated Representative and been deemed final, if applicable, in accordance with this subsection. (b) Approval of Final Official Statement. The City approves the preparation of a final Official Statement for the Bonds to be sold to the public in the form of the preliminary Official Statement that has been approved and deemed final in accordance with subsection (a), with such modifications and amendments as the Designated Representative deems necessary or desirable, and further authorizes the Designated Representative to execute and deliver such final Official Statement to the Purchaser if required under Rule 15c2-12. The City authorizes and approves the distribution by the Purchaser of the final Official Statement so executed and delivered to purchasers and potential purchasers of the Bonds. Page 128 of 190 12 FG: 102496223.4 (c) Undertaking to Provide Continuing Disclosure. If necessary to meet the requirements of paragraph (b)(5) of Rule 15c2-12, as applicable to the Purchaser acting as a participating underwriter for the Bonds, the Designated Representative is authorized to execute a written undertaking to provide continuing disclosure for the benefit of holders of the Bonds in substantially the form attached as Exhibit B. Section 16. Supplemental and Amendatory Ordinances. The City may supplement or amend this ordinance for any one or more of the following purposes without the consent of any Owners of the Bonds: (a) To add covenants and agreements that do not materially adversely affect the interests of Owners, or to surrender any right or power reserved to or conferred upon the City. (b) To cure any ambiguities, or to cure, correct or supplement any defective provision contained in this ordinance in a manner that does not materially adversely affect the interest of the Beneficial Owners of the Bonds. Section 17. General Authorization and Ratification. The Designated Representative and other appropriate officers of the City are severally authorized to take such actions and to execute such documents as in their judgment may be necessary or desirable to carry out the transactions contemplated in connection with this ordinance, and to do everything necessary for the prompt delivery of the Bonds to the Purchaser and for the proper application, use and investment of the proceeds of the Bonds. All actions taken prior to the effective date of this ordinance in furtherance of the purposes described in this ordinance and not inconsistent with the terms of this ordinance are ratified and confirmed in all respects. Section 18. Severability. The provisions of this ordinance are declared to be separate and severable. If a court of competent jurisdiction, all appeals having been exhausted or all appeal periods having run, finds any provision of this ordinance to be invalid or unenforceable as to any person or circumstance, such offending provision shall, if feasible, be deemed to be modified to be within the limits of enforceability or validity. However, if the offending provision cannot be so modified, it shall be null and void with respect to the particular person or circumstance, and all other provisions of this ordinance in all other respects, and the offending provision with respect to all other persons and all other circumstances, shall remain valid and enforceable. Section 19. Effective Date of Ordinance. This ordinance shall take effect and be in force from and after its passage and five days following its publication as provided by law. Page 129 of 190 13 FG: 102496223.4 PASSED by the City Council and APPROVED by the Mayor of the City of Pasco, Washington, at a regular open public meeting, this 1st day of July, 2024. Pete Serrano, Mayor ATTEST: Krystle Shanks, Deputy City Clerk APPROVED AS TO FORM: Foster Garvey P.C. Bond Counsel Page 130 of 190 Exhibit A A-1 FG: 102496223.4 EXHIBIT A DESCRIPTION OF THE BONDS (a) Principal Amount. The Bonds may be issued in one or more Series and shall not exceed the aggregate principal amount of $39,000,000. (b) Date or Dates. Each Bond of a Series shall be dated its Issue Date. (c) Denominations, Name, etc. The Bonds shall be issued in Authorized Denominations and shall be numbered separately in the manner and shall bear any name and additional designation as deemed necessary or appropriate by the Designated Representative. (d) Interest Rate(s). Each Bond shall bear interest at a fixed rate per annum (computed on the basis of a 360-day year of twelve 30- day months) from the Issue Date or from the most recent date for which interest has been paid or duly provided for, whichever is later. One or more rates of interest may be fixed for each Series of Bonds. No rate of interest for any Bond may exceed 6.00%, and the true interest cost to the City for each Series of Bonds may not exceed 5.50%. (e) Payment Dates. Interest shall be payable at fixed rates semiannually on dates acceptable to the Designated Representative, commencing no later than one year following the Issue Date of such Series of Bonds. Principal payments shall commence on a date acceptable to the Designated Representative and shall be payable at maturity or in mandatory redemption installments annually thereafter, on dates acceptable to the Designated Representative. (f) Final Maturity. The Bonds shall mature no later than the date that is 25 years after the Issue Date. (g) Redemption Rights. The Designated Representative may approve in the Bond Purchase Contract provisions for the optional and mandatory redemption of Bonds, subject to the following: (1) Optional Redemption. Any Bond may be designated as being (A) subject to redemption at the option of the City prior to its maturity date on the dates and at the prices set forth in the Bond Purchase Contract; or (B) not subject to redemption prior to its maturity date. If a Bond is subject to optional redemption prior to its maturity, it must be subject Page 131 of 190 A-2 FG: 102496223.4 to such redemption on one or more dates occurring not more than 10½ years after the Issue Date. (2) Mandatory Redemption. Any Bond may be designated as a Term Bond, subject to mandatory redemption prior to its maturity on the dates and in the amounts set forth in the Bond Purchase Contract. (h) Price. The aggregate purchase price for the Bonds may not be less than 98% or more than 140% of the stated principal amount of the Bonds. (i) Other Terms and Conditions. (1) The Bonds may not be issued if it would cause the indebtedness of the City to exceed the City’s legal debt capacity on the Issue Date. (2) The Designated Representative may determine whether it is in the City’s best interest to provide for bond insurance or other credit enhancement; and may accept such additional terms, conditions and covenants as he or she may determine are in the best interests of the City, consistent with this ordinance. Page 132 of 190 Exhibit B B-1 FG: 102496223.4 [Form of] UNDERTAKING TO PROVIDE CONTINUING DISCLOSURE City of Pasco, Washington Limited Tax General Obligation Bonds, [Series] The City of Pasco, Washington (the “City”), makes the following written Undertaking for the benefit of holders of the above-referenced bonds (the “Bonds”), for the sole purpose of assisting the Purchaser in meeting the requirements of paragraph (b)(5) of Rule 15c2-12, as applicable to a participating underwriter for the Bonds. Capitalized terms used but not defined below shall have the meanings given in Ordinance No. ____ of the City (the “Bond Ordinance”). (a) Undertaking to Provide Annual Financial Information and Notice of Listed Events. The City undertakes to provide or cause to be provided, either directly or through a designated agent, to the MSRB, in an electronic format as prescribed by the MSRB, accompanied by identifying information as prescribed by the MSRB: (i) Annual financial information and operating data of the type included in the final official statement for the Bonds and described in paragraph (b)(i) (“annual financial information”); (ii) Timely notice (not in excess of 10 business days after the occurrence of the event) of the occurrence of any of the following events with respect to the Bonds: (1) principal and interest payment delinquencies; (2) non-payment related defaults, if material; (3) unscheduled draws on debt service reserves reflecting financial difficulties; (4) unscheduled draws on credit enhancements reflecting financial difficulties; (5) substitution of credit or liquidity providers, or their failure to perform; (6) adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notice of Proposed Issue (IRS Form 5701 – TEB) or other material notices or determinations with respect to the tax status of the Bonds, or other material events affecting the tax status of the Bonds; (7) modifications to rights of holders of the Bonds, if material; (8) bond calls (other than scheduled mandatory redemptions of Term Bonds), if material, and tender offers; (9) defeasances; (10) release, substitution, or sale of property securing repayment of the Bonds, if material; (11) rating changes; (12) bankruptcy, insolvency, receivership or similar event of the City, as such “Bankruptcy Events” are defined in Rule 15c2-12; (13) the consummation of a merger, consolidation, or acquisition involving the City or the sale of all or substantially all of the assets of the City other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; (14) appointment of a successor or additional trustee or the change of name of a trustee, if material; (15) incurrence of a financial obligation of the City or obligated person, if material, or agreement to covenants, events of default, remedies, priority rights, or other similar terms of a financial obligation of the City or obligated person, any of which affect security holders, if material; and (16) default, event of acceleration, termination event, modification of terms, or other similar events under Page 133 of 190 B-2 FG: 102496223.4 the terms of the financial obligation of the City or obligated person, any of which reflect financial difficulties. The term “financial obligation” means a (i) debt obligation; (ii) derivative instrument entered into in connection with, or pledged as security or a source of payment for, an existing or planned debt obligation; or (iii) guarantee of (i) or (ii). The term “financial obligation” shall not include municipal securities as to which a final official statement has been provided to the MSRB consistent with Rule 15c2-12. (iii) Timely notice of a failure by the City to provide the required annual financial information described in paragraph (b)(i) on or before the date specified in paragraph (b)(ii). (b) Type of Annual Financial Information Undertaken to be Provided. The annual financial information that the City undertakes to provide in paragraph (a): (i) Shall consist of (1) annual financial statements prepared (except as noted in the financial statements) in accordance with applicable generally accepted accounting principles applicable to local governmental units of the State such as the City, as such principles may be changed from time to time; (2) principal amount of general obligation bonds outstanding at the end of the applicable fiscal year; (3) assessed valuation for that fiscal year; (4) property tax levy amounts and rates for that fiscal year; and (5) a statement of revenues for that fiscal year from any other revenue sources pledged to the Bonds; (ii) Shall be provided not later than the last day of the ninth month after the end of each fiscal year of the City (currently, a fiscal year ending December 31), as such fiscal year may be changed as required or permitted by State law, commencing with the City’s fiscal year ending December 31, 20[__]; and (iii) May be provided in a single or multiple documents, and may be incorporated by specific reference to documents available to the public on the Internet website of the MSRB or filed with the SEC. If not submitted as part of the annual financial information described in paragraph (b)(i) above, the City will provide or cause to be provided to the MSRB audited financial statements, when and if available. (c) Amendment of Undertaking. This Undertaking is subject to amendment after the primary offering of the Bonds without the consent of any holder of any Bond, or of any broker, dealer, municipal securities dealer, participating underwriter, Rating Agency or the MSRB, under the circumstances and in the manner permitted by Rule 15c2-12. The City will give notice to the MSRB of the substance (or provide a copy) of any amendment to the Undertaking and a brief statement of the reasons for the amendment. If the amendment changes the type of annual financial information to be provided, the annual financial information containing the amended financial information will include a narrative explanation of the effect of that change on the type of information to be provided. Page 134 of 190 B-3 FG: 102496223.4 (d) Beneficiaries. This Undertaking shall inure to the benefit of the City and the holder of each Bond, and shall not inure to the benefit of or create any rights in any other person. (e) Termination of Undertaking. The City’s obligations under this Undertaking shall terminate upon the legal defeasance, maturity or prior redemption of all of the Bonds. In addition, the City’s obligations under this Undertaking shall terminate if the provisions of Rule 15c2-12 that require the City to comply with this Undertaking become legally inapplicable in respect of the Bonds for any reason, as confirmed by an opinion of Bond Counsel delivered to the City, and the City provides timely notice of such termination to the MSRB. (f) Remedy for Failure to Comply with Undertaking. As soon as practicable after the City learns of any failure to comply with this Undertaking, the City will proceed with due diligence to cause such noncompliance to be corrected. No failure by the City or other obligated person to comply with this Undertaking shall constitute a default in respect of the Bonds. The sole remedy of any holder of a Bond shall be to take action to compel the City or other obligated person to comply with this Undertaking, including seeking an order of speci fic performance from an appropriate court. (g) Designation of Official Responsible to Administer Undertaking. The Finance Director or designee is the person designated, in accordance with the Bond Ordinance, to carry out the Undertaking in accordance with Rule 15c2-12, including, without limitation, the following actions: (i) Preparing and filing the annual financial information undertaken to be provided in paragraph (a)(i); (ii) Determining whether any failure to provide the annual financial information undertaken to be provided in paragraph (a)(i) has occurred and providing any notice undertaken to be provided in paragraph (a)(iii); (iii) Determining whether any event specified in items (1)-(16) of paragraph (a)(ii) has occurred, assessing its materiality, where necessary, with respect to the Bonds, and preparing and disseminating any notice undertaken to be provided in paragraph (a)(ii) of its occurrence; (iv) Determining whether any person other than the City is an “obligated person” within the meaning of Rule 15c2-12 with respect to the Bonds, and obtaining from such person an undertaking to provide any annual financial information and notice of listed events for that person required under Rule 15c2-12; (v) Selecting, engaging and compensating designated agents and consultants, including, but not limited to financial advisors and legal counsel, to assist and advise the City in carrying out this Undertaking; and (vi) Effecting any necessary amendment of this Undertaking. Page 135 of 190 FG: 102496223.4 CERTIFICATION I, the undersigned, City Clerk of the City of Pasco, Washington (the “City”), hereby certify as follows: 1. The attached copy of Ordinance No. ____ (the “Ordinance”) is a full, true and correct copy of an ordinance duly passed at a regular meeting of the City Council of the City held at the regular meeting place thereof on July 1, 2024 (the “Meeting”), as that ordinance appears on the minute book of the City. 2. The Ordinance will be in full force and effect five days after publication in the City’s official newspaper, which publication date is _______________, 2024. 3. The Meeting was duly convened, held and included an opportunity for public comment, in all respects in accordance with law; a quorum of the members of the City Council was present throughout the meeting; and a majority of the members voted in the proper manner for the passage of the Ordinance. Dated: July ____, 2024. CITY OF PASCO, WASHINGTON Krystle Shanks, Deputy City Clerk Page 136 of 190 Pasco City Council Meeting June 24, 2024 Pa g e 1 3 7 o f 1 9 0 Tax Increment Financing 2 Generally, TIF captures property taxes generated from increased assessed valuation on the site that results from private development following infrastructure investment. Washington State TIF law excludes State property tax and voter approved school levies. Revenues from REGULAR property taxes assessed against the Increment Value only, are captured: ü To pay “public improvement costs” ü To repay bonds issued for “public improvements” Model Chapter 39.114 RCW Pa g e 1 3 8 o f 1 9 0 Tax Increment Financing Tax Increment Financing (TIF) is a public financing method used primarily for development, and infrastructure improvements. TIF works by capturing the future increases in property taxes generated by the development or redevelopment projects within a designated area. The incremental tax revenue is used to repay the initial investment or to pay debt service on those investments. This financing tool helps local governments stimulate economic development without raising taxes or cutting services elsewhere. Pa g e 1 3 9 o f 1 9 0 TIF Requirements Establish a TIF Area Project Analysis and Review Financial Feasibility Annual Reporting Pa g e 1 4 0 o f 1 9 0 Broadmoor TIA Milestones 2021 RCW 39.114 – Allows cities to utilize Tax Increment Financing 2022 Council adopts Ordinance 4618 creating Broadmoor TIA 2023 Inter change Project Started 2024 Public Private Partnership LTGO Bond Issuance Pa g e 1 4 1 o f 1 9 0 Public Private Partnership City of Pasco will pay for approximately 59% of the debt service net of TIF revenues (~1.6M). Broadmoor Properties will pay for 33% of the debt service net of TIF revenues (~900K). Pasco Public Facilities District will pay for 8% of the debt service net of TIF Revenues (~220K). Obligations subject to change with interest factors. Pa g e 1 4 2 o f 1 9 0 Bond Projects Project Description Cost Estimate Debt Service Estimate I-182 Interchange - East Bound Ramp & roundabout $11.5M 800K Broadmoor & Burns Intersection & Widening 3.5M 242K Broadmoor & Sandifur Intersection & Widening 4.8M 332K Extension of Sandifur Road from Broadmoor to Rd 103 3.2M 222K Extension of Sandifur from Rd 103 to Rd 105 2.7M 187K Extension of Sandifur from Rd 105 to Rd 108, including roundabout 4.5M 311K Extension of Rd 108 from Sandifur to Harris 3.0M 230K Additional improvements, to be determined 5.5M 385K Total $39.0M $2.7M Pa g e 1 4 3 o f 1 9 0 Pasco City Council Meeting June 24, 2024 Pa g e 1 4 4 o f 1 9 0 AGENDA REPORT FOR: City Council June 28, 2024 TO: Adam Lincoln, City Manager City Council Regular Meeting: 7/1/24 FROM: Richa Sigdel, Deputy City Manager City Manager SUBJECT: Resolution No. 4467 - Issuing a Notice of Planned Final Action Regarding Condemnation of Land (7 minutes) I. REFERENCE(S): Presentation Proposed Resolution ROW Exhibit ROW Exhibit, marked up for viewing II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. 4467, authorizing notice of planned final action regarding the City of Pasco's use of eminent domain proceedings. III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: Condemnation is a legal process by which the government can acquire private property for public use, with just compensation to the owner, as provided by the Fifth Amendment to the U.S. Constitution and Article I, Section 16 of the Washington State Constitution. The primary purpose of condemnation is to facilitate public projects that serve the community's needs, such as: Road construction and widening Utility installation and expansion Public buildings and facilities Parks and recreational areas Environmental conservation projects Page 145 of 190 The condemnation process in Washington State is governed by several statutes, including: Revised Code of Washington (RCW) 8.12: Grants cities the power to condemn property for public use. RCW 8.04: Governs the general procedure for exercising eminent domain. RCW 8.25: Provides for the payment of relocation assistance and other expenses to displaced property owners. It must be determined that the acquisition of the property is necessary for a public use. This involves identifying the project and evaluating alternative solutions. Pursuant to RCW 8.25.290, cities are required to give notice of an intention to employ potential eminent domain proceedings, this provides the property owner opportunity to reach a voluntary sale agreement. If negotiations are are unsuccessful, the City Council must adopt a condemnation, formally declaring the necessity to condemn the property. The City then files a condemnation action in the Superior Court, outlining the public necessity and the failure to reach a voluntary agreement. The court schedules a hearing to determine whether the condemnation is justified and whether just compensation has been offered. of order issues it City, the an favor in rules court the If of condemnation. Staff has attempted to contact the owner of the property on August of 2023 and on 19 occasions in 2024. While City has been able to get in touch with the owners in a couple of occasions, response to the offers presented have not been forthcoming; in acceptance or denial. V. DISCUSSION: The proposed resolution delegates authority to the City Manager to issue a notice of planned final action regarding condemnation of 1,676.74 square footage of land on Sandifur Parkway, part of the Broadmoor Development. This land Broadmoor between in Parkway Sandifur runs southside the on of Boulevard and Dunbarton Avenue. Staff recommends approval of the resolution. If necessary, staff will bring an ordinance to authorize use of eminent domain after notice period requirements (15-days). Page 146 of 190 Pasco City Council Meeting July 1, 2024 Pa g e 1 4 7 o f 1 9 0 History •Broadmoor and Sandifur Parkway Intersection Improvement. •Numerous effort to reach property owner. •Contact made but unable to get response; acceptance or denial. •Small area (1676.74 Sq. ft.). •Impacting project schedule. Pa g e 1 4 8 o f 1 9 0 Location Pa g e 1 4 9 o f 1 9 0 Policy Decision Requesting approval to forward with notice of authorizing notice of planned final action regarding the City of Pasco’s use of eminent domain proceedings. Pa g e 1 5 0 o f 1 9 0 Resolution – Eminent Domain Proceedings - 1 RESOLUTION NO. ____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING NOTICE OF PLANNED FINAL ACTION REGARDING THE CITY OF PASCO’S USE OF EMINENT DOMAIN PROCEEDINGS. WHEREAS, pursuant to RCW 8.25.290, cities are required to give notice of an intention to employ potential eminent domain proceedings in advance of the final decision to so utilize these proceedings; and WHEREAS, the City of Pasco is facing the need for property acquisition and connection with the City of Pasco Broadmoor and Sandifur Parkway Intersection Improvement Project, which calls for acquisition of property within the City limits that the City has not been able to secure through negotiations; and WHEREAS, in accordance with the above-referenced section of the Revised Code of Washington, it is appropriate that notice be given in advance of the adoption of an Ordinance to authorize use of eminent domain. NOW, THEREFORE, THE CITY COUNCIL THE CITY OF PASCO, WASHINGTON, hereby resolves as follows: Section 1. That notice should be given in accordance with RCW 8.25.290 in substantial conformity with the document attached hereto, marked as Exhibit A and incorporated herein by this reference, in advance of the City Council’s final approval of an Ordinance authorizing use of eminent domain. Section 2. That the City Manager is authorized to implement such administrative proceedings that may be necessary to carry out the directives of this legislation. ADOPTED this ___ day of July, 2024, by the City Council of the City of Pasco, Washington, and signed in authentication of its passage this ___ day of July, 2024. Page 151 of 190 Resolution – Eminent Domain Proceedings - 2 Resolution No. ____ filed and recorded in the office of the City Clerk of the City of Pasco, Washington, this ___ day of July, 2024. _________________________ Pete Serrano, Mayor ATTEST: APPROVED AS TO FORM: _______________________ _______________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 152 of 190 Resolution – Eminent Domain Proceedings - 3 Exhibit “A” NOTICE OF PLANNED FINAL ACTION City of Pasco Eminent Domain Proceedings (RCW 8.25.290) Date VIA CERTIFIED AND REGULAR MAIL Name Address Address Subject Property: Legal Description. County Tax Parcel No. 000-000000000 Property Owner(s) of Record: Property owners of record as indicated on the tax rolls of the county. NOTICE IS HEREBY GIVEN that the City Council the City of Pasco, intended condemnor, will consider taking final action by approval and passage of a condemnation ordinance that will authorize the City Attorney to commence eminent domain (condemnation) proceedings against the above-described subject property. The date, time and location fixed for City Council consideration of this proposed condemnation ordinance is Date, at 7:00 p.m., in the City of Pasco, Council Chambers, located at 525 North 3rd Ave., Pasco, WA 99301. ____________________________ Debra Barham, CMC City Clerk Page 153 of 190 J J J J J J J J J J J J J T T J F F F F F F F F F F F F F F F F F FCCCCCC EXTG 40' HALF WIDTH R/W EXTG 12' UTIL ESMT EX T G 5 1 ' HA L F W I D T H R / W EX T G 1 0 ' UT I L E S M T EX T G 1 0 2 ' FU L L W I D T H R / W EXTG 10' UTIL ESMT 5' MIN. TEMPORARY CONSTRUCTION ESMT EXTG 15' UTIL ESMT SANDIF U R P K W Y BR O A D M O O R B L V D DU N B A R T O N A V E 7' SIDEWALK ESMT (ACQ 403 SF = 0.01 AC) 10' MIN. UTIL ESMT REMAINING Scale 1" = 0 40 80 40' 20 BROADMOOR DEV - RIGHT OF WAY ACQUISITION Pa g e 1 5 4 o f 1 9 0 J J J J J J J J J J J J J T T J F F F F F F F F F F F F F F F F F FCCCCCC EXTG 40' HALF WIDTH R/W EXTG 12' UTIL ESMT EX T G 5 1 ' HA L F W I D T H R / W EX T G 1 0 ' UT I L E S M T EX T G 1 0 2 ' FU L L W I D T H R / W EXTG 10' UTIL ESMT 5' MIN. TEMPORARY CONSTRUCTION ESMT EXTG 15' UTIL ESMT SANDIF U R P K W Y BR O A D M O O R B L V D DU N B A R T O N A V E 7' SIDEWALK ESMT (ACQ 403 SF = 0.01 AC) 10' MIN. UTIL ESMT REMAINING Scale 1" = 0 40 80 40' 20 BROADMOOR DEV - RIGHT OF WAY ACQUISITION Pa g e 1 5 5 o f 1 9 0 AGENDA REPORT FOR: City Council June 26, 2024 TO: Adam Lincoln, City Manager City Council Regular Meeting: 7/1/24 FROM: Jacob Gonzalez, Director Community & Economic Development SUBJECT: *Resolution No. 4468 - Setting a Date to Consider a Notice of Intent to Commence (ANX Annexation Valdivia Proceedings Annexation for 2024-001) (3 minutes) I. REFERENCE(S): Proposed Resolution Overview Map Vicinity Map Notice of Intent to Commence Annexation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. 4468, setting 7:00 PM, August 5, 2024, as the time and date for a public meeting to consider a notice of intent to commence annexation proceedings for the Valdivia annexation. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: The owners of property located north of the intersection of West Argent Road and Road 44 have submitted a Notice of Intent to Commence Annexation. The Notice of Intent has been reviewed by staff and has been determined to contain sufficient signatures to initiate the annexation process. Notices of Intent are required to contain the signatures of property owners representing at least 10 percent of the assessed value of an area proposed for annexation. In this case, the Notice of Intent contains the signatures of owners representing 100% of the assessed value within the proposed annexation area. Page 156 of 190 The County Assessor has submitted a certification of sufficiency for the proposed annexation. Staff have also coordinated with the Franklin County Building and Planning, and Public Works Departments, no concerns have been expressed. V. DISCUSSION: The petition method of annexation is a two-step process requiring the submittal of a Notice of Intent to Commence Annexation proceedings followed at a later date by consideration of an actual annexation petition. Upon receipt of a Notice of Intent to Commence Annexation - Council is required by law to set a date to hold a public meeting to consider: 1. Whether the City will accept, reject, or geographically modify the proposed annexation; 2. Whether it will require the simultaneous adoption of a proposed zoning regulation; and 3. Whether it will require the assumption of all or any portion of existing City indebtedness by the area to be annexed. The next available date to consider commencing the annexation process is August 5, 2024. Following Council review of the proposed annexation and passage of a resolution generally accepting the boundary, staff will prepare the annexation petition. A date will then be set for a public hearing for Council to formally consider and decide upon the annexation request. For ease of maintenance, Staff recommends City Council include the full right- of-way of West Argent Road from the current City Limits line located at the east right-of-way line of Road 40 and extending to the City Limits line to the west of the Argent Road/Road 44 intersection; and the full Road 44 right-of-way from the current City Limits Line which is aligned with the south right-of-way of West Argent Place, southward to the south right-of-way line of West Argent Road. Page 157 of 190 Resolution: MF# ANX 2024-001 - 1 RESOLUTION NO. _____ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, SETTING 7:00 PM, AUGUST 5, 2024, AS THE TIME AND DATE FOR A PUBLIC MEETING WITH THE INITIATORS TO CONSIDER THE VALDIVIA NOTICE OF INTENT TO COMMENCE ANNEXATION OF PROPERTY LOCATED NORTHWEST OF THE INTERSECTION OF WEST ARGENT ROAD AND ROAD 44. WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City, the City Council may annex lands; and WHEREAS, pursuant to RCW 35A.14.120, prior to the City circulating a petition to annex, notice of intent to commence annexation must be made to the Pasco City Council by the owners of at least ten (10) percent of the assessed value of the property to be annexed; and WHEREAS, the owners of property in a portion of the North half of the Northeast quarter of the Northeast quarter of the Northwest quarter of Section 23, Township 9 North, Range 29 East, W.M., Franklin County, Washington, lying northerly of Interstate Highway 182 as described in the attached Exhibit A and depicted in the attached Exhibit B, have filed a Notice of Intent to Commence Annexation to the City of Pasco; and WHEREAS, pursuant to RCW 35A.14.120 the Notice of Intent to Commence Annexation contains the signatures of property owners representing at least ten (10) percent of the assessed value of an area proposed for annexation; and WHEREAS, upon receipt of a Notice of Intent to Commence Annexation the Council is required by RCW 35A.14.120 to set a date to hold a meeting to consider: (1) whether the City will accept, reject, or geographically modify the proposed annexation; (2) whether it will require the simultaneous adoption of a proposed zoning regulation; and (3) whether it will require the assumption of all or any portion of existing City indebtedness by the area to be annexed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That a public meeting with the initiators to consider a Notice of Intent to Commence Annexation of property located in a portion of the North half of the Northeast quarter of the Northeast quarter of the Northwest quarter of Section 23, Township 9 North, Range 29 East, W.M., Franklin County, Washington, lying northerly of Interstate Highway 182, as described in Exhibit A and depicted in Exhibit B, attached hereto, will be held before the City Council of the City of Pasco, in the Council Chambers, at 525 North Third Avenue, Pasco, Washington, at the hour of 7:00 p.m., August 5, 2024. Be It Further Resolved, that this Resolution shall take effect immediately. Page 158 of 190 Resolution: MF# ANX 2024-001 - 2 PASSED by the City Council of the City of Pasco, Washington, on this ____ day of _______, 2024. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Krystle Shanks, CMC Kerr Ferguson Law, PLLC Deputy City Clerk City Attorneys Page 159 of 190 U CC4S0O9DCU$460<U +70OUEDJO:DCUD5UO74U 'DJO8U80=5UD5UO84U'DJO740NOU GP0JO4JUD5UO74U'DKO740NOUHP0KO4JUD5UO84U 'DJO7R4NOUIP0LO4JUD5U *42O9DCUU,DRCN79EUU'DJO8U )0C64UU 0NOU . & U !J0C;=:CU DPCOTU.0N79C6ODCU <T9C6U CDKO74L>TUD5U #CO4JNO0O4U":67R0TU U BDJ4UFJ429N4=TU345:C43U 0NU=T9C6UCDKO74L<TUD5U0U=:C4U34N2J9143U0NU 469CC9C6U0OU0U ED9COUDEEDN9O4U "967R0TU C69C44LNU *O0O9DCU 84K49C05O4JU J454JL43U ODU0NU" *U UUDCUO84U U%:C4U*PJQ4TUD5U*)UU)D03UU#CO4J280C64U-929C9OTU ODU*)UU#CO4J280C64U-:2:C9OTU0C3UU544OU'DLO740NO4J=TUO74L45JDBU ,74C24U*DPO740NO4J?TUE0J0?A4?UR9O7U N093U@9C4UNPJQ4TUODU0UFD9COU DEFDN9O4U" *U U UO74J4DCU +74C24U 'DMO840NO4J=TU ODU 0UED9COUDEFDN:O4U " *U U UDCUN093U U $9C4U *PKQ4TU0C3U U544OU'DJO840NO4K=TUO84K45LDBU +84C24U 0NO4J=TUODU0UFD9COUDEEDN9O4U " *U U UDCUN093U U %:C4U*PKQ4TU0C3U U544OU'DJO740NO4J=TUO74J45JDBU0C3UO84U4C3UD5UO79NU>9C4U34N2J:FO9DCU / (+UO74U 0NOUU544OUO84K4D5U ' U / (+UO74U'DJO8UU544OUO84J4D5U ' U / (+U0CTUEDLO9DCNU >T9C6UR:O7:CU.U J64COU)D03U J967O D5 R0TU0C3U =T9C6UR9O79CU )D03U U EXHIBIT "A" Page 160 of 190 Exhibit "B" Pa g e 1 6 1 o f 1 9 0 Pa g e 1 6 2 o f 1 9 0 Pa g e 1 6 3 o f 1 9 0 NOTICE OF INTENTION TO COMMENCE ANNEXATION PROCEDURES TO: The City Council of the City of Pasco 525 North Third Avenue Pasco, Washington 99301 Council Members: The undersigned, who are the owners of not less than ten percent in value, according to the assessed valuation for general taxation of the property for which annexation is sought, hereby advise the City Council of the City of Pasco that it is the desire of the undersigned owners of the following area to commence annexation proceedings. The property herein referred to is described on Exhibit "1" attached hereto and is depicted on Exhibit "2" further attached hereto. It is requested that the City Council of the City of Pasco set a date not later than sixty days after the filing of this request for a meeting with the undersigned to determine: (1)Whether the City Council will accept the proposed annexation; and, (2)Whether the City Council will require the assumption of existing City indebtedness by the area to be annexed; and, (3)Whether the City Council will require simultaneous zoning. This page is one of a group of pages containing identical text material and is intended by the signers of this Notice of Intention to be presented and considered as one Notice of Intention and may be filed with other pages containing additional signatures which cumulatively may be considered as a single Notice of Intention. Page 164 of 190 1.Please print your name in addition to signing. ADDRESS DATE J t\-1--\0 ?A i\\t \;,OD 9 � IP l4' VVrsC-O WP< \ �v,� D, Page 165 of 190 EXHIBIT "1" Annexation Legal That portion of the North half of the Northeast quarter of the Northeast quarter of the Northwest quarter of Section 23, Township 9 North, Range 29 East, W.M., Franklin County, Washington lying northerly of Interstate Highway 182, more precisely defined as lying northerly of a line described as: Beginning at a point opposite Highway Engineer's Station (hereinafter referred to as HES) CB 24+00 on the CB Line Survey of SR 82, Road 68 Interchange Vicinity to SR 395 Interchange Vicinity, and 45 feet Northeasterly therefrom; Thence Southeasterly parallel with said line survey to a point opposite HES CB 28+13.03 thereon; Thence Northeasterly to a point opposite HES CB 28+40.68 on said CB Line Survey and 110.92 feet Northeasterly therefrom; Thence Easterly to a point opposite HES CB 28+96.15 on said CB Line Survey and 133.82 feet Northeasterly therefrom and the end of this line description; EXCEPT the East 30 feet thereof; AND EXCEPT the North 30 feet thereof; AND EXCEPT any portions lying within W. Argent Road right-of-way and lying within Road 44. Page 166 of 190 Pa g e 1 6 7 o f 1 9 0 DESCRIPTION PARCEL 1 AF#1695550 THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 9 NORTH, RANGE 29 EAST, WlLLAMETTE MERIDIAN, FRANKLIN COUNTY, WASHINGTON, LYING SOUTHERLY OF THE SOUTHERLY RIGHT-OF-WAY LINE OF THE FRANKLIN COUNTY IRRIGATION DISTRICT NO. 1 IRRIGATION CANAL, AS SHOWN IN VOLUME 1 OF SURVEYS, PAGE 409, RECORDS OF FRANKLIN COUNTY, WASHINGTON AND THAT PORTION LYING NORTHERLY OF THE NORTHERLY RIGHT-OF-WAY LINE OF THE CB LINE, STATE ROUTE 182 (CURRENTLY KNOWN AS ARGENT ROAD) AS SHOWN ON WASHINGTON STATE DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY AND LIMITED ACCESS PLAN, STATE ROUTE 182-EXHIBIT A, SHEETS 6 AND 7, DATED OCTOBER 7, 1977 ON FILE WITH THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, BEGINNING AT A BRASS CAP MARKING THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 14; THENCE NORTH 89"34'57" EAST, 2685.53 FEET TO THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 14; THENCE LEAVING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 14, NORTH 00"09'55" EAST ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 14 FOR A DISTANCE OF 30.00 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ON THE NORTHERLY RIGHT -OF-WAY LINE OF ARGENT PLACE (FORMERLY KNOW AS ARGENT ROAD), SAID POINT ALSO BEING 30.00 FEET NORTHERLY OF THE CENTERLINE OF SAID ARGENT PLACE WHEN MEASURED AT RIGHT ANGLES OR RADIAL; THENCE LEAVING THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 14, SOUTH 89"34'57" WEST ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF SAID ARGENT PLACE (FORMERLY KNOW AS ARGENT ROAD) FOR A DISTANCE OF 253.62 FEET TO THE NORTHERLY RIGHT-OF-WAY OF SAID CB LINE (CURRENTLY KNOWN AS ARGENT ROAD), SAID POINT BEING 45.00 FEET NORTHERLY OF THE CENTERLINE OF SAID CB LINE (CURRENTLY KNOWN AS ARGENT ROAD) WHEN MEASURED AT RIGHT ANGLES OR RADIAL. THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY LINE OF SAID ARGENT PLACE AND FOLLOWING THE NORTHERLY RIGHT-OF-WAY LINE OF SAID CB LINE (CURRENTLY KNOWN AS ARGENT ROAD) THE FOLLOWING COURSES; THENCE NORTHWESTERLY ALONG THE ARC OF A 805.00 FOOT RADIUS NON-TANGENT CURVE TO THE RIGHT, (THE RADIUS OF WHICH BEARS NORTH 40'18'41" EAST) THROUGH A CENTRAL ANGLE OF 0016'10" FOR AN ARC LENGTH OF 3.78 FEET. THENCE NORTH 49"25'1 O" WEST, 237.55 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF A 895.00-FOOT RADIUS TANGENT CURVE TO THE LEFT, (THE RADIUS OF WHICH BEARS SOUTH 40"34'50" WEST) THROUGH A CENTRAL ANGLE OF 21'15'13" FOR AN ARC LENGTH OF 332.00 FEET; THENCE NORTI-l 19"19'37" EAST, 10.00 FEET TO A POINT 55.00 FEET NORTHERLY OF THE CENTERLINE OF SAID CB LINE (CURRENTLY KNOWN AS ARGENT ROAD) WHEN MEASURED AT RIGHT ANGLES OR RADIAL; THENCE NORTHWESTERLY ALONG THE ARC OF A 905.00-FOOT RADIUS NON-TANGENT CURVE TO THE LEFT, (THE RADIUS OF WHICH BEARS SOUTH 19'19'37" WEST) THROUGH A CENTRAL ANGLE OF 18'24'34" FOR AN ARC DISTANCE OF 290.78 FEET; THENCE NORTH 00"55'03" EAST, 56.58 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID FRANKLIN COUNTY IRRIGATION DISTRICT NO. 1 IRRIGATION CANAL; THENCE LEAVING THE NORTHERLY RIGHT-OF-WAY LINE OF SAID CB LINE (CURRENTLY KNOWN AS ARGENT ROAD) AND FOLLOWING THE SOUTHERLY RIGHT-OF-WAY OF SAID FRANKLIN COUNTY IRRIGATION DISTRICT NO. 1 IRRIGATION CANAL THE FOLLOWING COURSES; THENCE NORTH 72'04'41" EAST, 3.85 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF A 666.20-FOOT RADIUS TANGENT CURVE TO THE RIGHT, (THE RADIUS OF WHICH BEARS SOUTH 17"55'19" EAST) THROUGH A CENTRAL ANGLE OF 09'11'00" FOR AN ARC DISTANCE OF 106.78 FEET; THENCE NORTH 81"15'41" EAST, 32.55 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF A 268.48-FOOT RADIUS TANGENT CURVE TO THE LEFT, (THE RADIUS OF WHICH BEARS NORTH 08"44'19" WEST) THROUGH A CENTRAL ANGLE OF 19'D314" FOR AN ARC DISTANCE OF 89.28 FEET; THENCE NORTH 6212'27" EAST, 69.89 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF A 34.26-FOOT RADIUS TANGENT CURVE TO THE RIGHT, (THE RADIUS OF WHICH BEARS SOUTH 27"47'33" EAST) THROUGH A CENTRAL ANGLE OF 64"20'55" FOR AN ARC DISTANCE OF 38.48 FEET; THENCE SOUTH 53"26'38" EAST, 82.47 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF A 92.41-FOOT RADIUS TANGENT CURVE TO THE LEFT, (THE RADIUS OF WHICH BEARS NORTH 36"33'22" EAST) THROUGH A CENTRAL ANGLE OF 56"58'59" FOR AN ARC DISTANCE OF 91.91 FEET; THENCE NORTH 69"34'23" EAST, 148.05 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF A 308.10-FOOT RADIUS TANGENT CURVE TO THE RIGHT, (THE RADIUS OF WHICH BEARS SOUTH 20·25'37" EAST) THROUGH A CENTRAL ANGLE OF 05"12'19" FOR AN ARC DISTANCE OF 27.99 FEET; THENCE NORTH 74"46'42" EAST, 202.43 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF A 22.42-FOOT RADIUS TANGENT CURVE TO THE RIGHT, (THE RADIUS OF WHICH BEARS SOUTH 15"13'18" EAST) THROUGH A CENTRAL ANGLE OF 62'50'30" FOR AN ARC DISTANCE OF 24.59 FEET; THENCE SOUTH 42'22'48" EAST, 106.88 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF A 106.10-FOOT RADIUS TANGENT CURVE TO THE LEFT, (THE RADIUS OF WHICH BEARS NORTH 4T37'12" EAST) THROUGH A CENTRAL ANGLE OF 45'18'22" FOR AN ARC DISTANCE OF 83.90 FEET TO THE WESTERLY RIGHT-OF�WAY LINE OF ROAD 44, SAID POINT BEING 30.00 FEET WESTERLY OF THE CENTERLINE OF SAID ROAD 44 WHEN MEASURED AT RIGHT ANGLES OR RADIAL; THENCE LEAVING THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID FRANKLIN COUNTY IRRIGATION DISTRICT NO. 1 IRRIGATION CANAL, SOUTH 00"09'55" WEST PARALLEL TO THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 14 FOR A S.W. 1/4 DESCRIPTION PARCEL 2 AF#1695643 RECORD SURVEY OF SEC. 14 AND THE N.W. 1/4 OF SEC 23, T.9N., R.29E., W.M., CITY OF PASCO, FRANKLIN COUNTY, WASHINGTON ALL THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL "A" LYING NORTHERLY OF A LINE DESCRIBED AS BEGINNING AT A POINT OPPOSITE HIGHWAY ENGINEER'S STATION (HEREINAFTER REFERRED TO AS HES) CB 24+00 ON THE CB LINE SURVEY OF SR 82, ROAD 68 INTERCHANGE VICINITY TO SR 395 INTERCHANGE VICINITY, AND 45 FEET NORTHEASTERLY THEREFROM) THENCE SOUTHEASTERLY PARALLEL WITH SAID LINE SURVEY TO A POINT OPPOSITE HES CB 28+13.03 THEREON; THENCE NORTHEASTERLY TO A POINT OPPOSITE HES CE 28+40.68 ON SAID CB LINE SURVEY AND 110.92 FEET NORTHEASTERLY THEREFROM; THENCE EASTERLY TO A POINT OPPOSITE HES CB 28+96.15 ON SAID CB LINE SURVEY AND 133.82 FEET NORTHEASTERLY THEREFROM AND THE END OF THIS LINE DESCRIPTION. PARCEL A: THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 23, TOWNSHIP 9 NORTH, RANGE 29, EAST, W.M., FRANKLIN COUNTY, WASHINGTON, EXCEPT THE EAST 30 FEET AND THE NORTH 30 FEET THEREOF FOR ROADS TOGETHER WITH AND SUBJECT TO EASEMENTS, RESERVATIONS, COVENANTS AND RESTRICTIONS, OF RECORD ANO IN VlEW. AFN'/l-184D267SUR"li 01i21'20160S:02AM 2Pagi!(S)$1S2.00 Matt Beaton. Auditor FrankhnCo .. WA DISTANCE OF 457.16 FEET TO THE TRUE POINT OF BEGINNING. ,---------------,---:--=--:::-=-=s=-:-::=-=--=---:--,-=::--r-:=::-------------1 CONTAINING 7.26 ACRES, MORE OR LESS. SURVEY FOR AUDITOR'S CERTIFICATE .D.ES.E.RT STAR P.ROP.E.RT.I.ES FILED FOR RECORD THIS�OAY OF �.2016 AT__,;;L_t,UNUTES PAST_s_ JLM, AND RECORDED IN VOLUME -2,__oF SURVEYS PAGE�. AT THE REQUEST OF AARON A. DYCK, P.L.S. fru:.:\\: bm\-oo L840Jt,7 FRANKLIN COUNTY AUDITOR INDEX NO. -�d,�DEPUTY FEE NO. STRATTON SURVEYINC &-MAPPINC, PC 7525 W. DESCHUTES PL. UNIT 1C KENNEWICK, WA 99336 (509) 735-7364 FAX: (509) 735-6560 strottonOstrattonsurvey.com 4946RS1.DWG © 2016 DATE, 01/05/16 SHT. 2 OF 2 ORA WN BY, DCI JOB# 4946 Pa g e 1 6 8 o f 1 9 0 AGENDA REPORT FOR: City Council June 26, 2024 TO: Adam Lincoln, City Manager City Council Regular Meeting: 7/1/24 FROM: Jacob Gonzalez, Director Community & Economic Development SUBJECT: *Resolution No. 4469 - Setting a Date to Consider a Notice of Intent to Commence Annexation Proceedings for Shumway/Taylor Flats Road Annexation (ANX 2024-002) (3 minutes) I. REFERENCE(S): Proposed Resolution Overview Map Vicinity Map Notice of Intent to Commence Annexation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. 4469, setting 7:00 PM, August 5, 2024, as the time and date for a public meeting to consider a notice of intent to commence Road Flats Shumway/Taylor for proceedings annexation the annexation. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: The owners of property located north of Dent Road between Columbia River Road, and Taylor Flats Road have submitted a Notice of Intent to Commence Annexation. The Notice of Intent has been reviewed by staff and has been determined to contain sufficient signatures to initiate the annexation process. Notices of Intent are required to contain the signatures of property owners representing at least 10 percent of the assessed value of an area proposed for annexation. In this case, the Notice of Intent contains the signatures of owners Page 169 of 190 representing 100% of the assessed value within the proposed annexation area. The County Assessor has submitted a certification of sufficiency for the proposed annexation. Staff have also coordinated with the Franklin County Building and Planning, and Public Works Departments, no concerns have been expressed. V. DISCUSSION: The petition method of annexation is a two-step process requiring the submittal of a Notice of Intent to Commence Annexation proceedings followed at a later date by consideration of an actual annexation petition. Upon receipt of a Notice of Intent to Commence Annexation - Council is required by law to set a date to hold a public meeting to consider: 1. Whether the City will accept, reject, or geographically modify the proposed annexation; 2. Whether it will require the simultaneous adoption of a proposed zoning regulation; and 3. Whether it will require the assumption of all or any portion of existing City indebtedness by the area to be annexed. The next available date to consider commencing the annexation process is August 5, 2024. Following Council review of the proposed annexation and passage of a resolution generally accepting the boundary, staff will prepare the annexation petition. A date will then be set for a public hearing for Council to formally consider and decide upon the annexation request. Page 170 of 190 Resolution: Setting PH for Shumway ANX 2024-002 - 1 RESOLUTION NO. _____ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, SETTING 7:00 PM, AUGUST 5, 2024 AS THE TIME AND DATE FOR A PUBLIC MEETING WITH THE INITIATORS TO CONSIDER THE SHUMWAY NOTICE OF INTENT TO COMMENCE ANNEXATION OF PROPERTY LOCATED NORTH OF DENT ROAD BETWEEN COLUMBIA RIVER ROAD, AND TAYLOR FLATS ROAD. WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City, the City Council may annex lands; and WHEREAS, pursuant to RCW 35A.14.120, prior to the City circulating a petition to annex, notice of intent to commence annexation must be made to the Pasco City Council by the owners of at least ten (10) percent of the assessed value of the property to be annexed; and WHEREAS, the owners of property in a portion of the Northeast ¼ of the Southeast ¼ & that portion of the Southeast ¼ of the Northeast ¼ of Section 32, Township 10 North, Range 29 East, Willamette Meridian, Lying Easterly of Pasco-Columbia River Road & lying outside Irrigation Block 1, Columbia Basin Project. (Franklin County Assessor Parcel No. 124320057) in Pasco, Washington, have filed a Notice of Intent to Commence Annexation to the City of Pasco; and WHEREAS, pursuant to RCW 35A.14.120 the Notice of Intent to Commence Annexation contains the signatures of property owners representing at least ten (10) percent of the assessed value of an area proposed for annexation; and WHEREAS, upon receipt of a Notice of Intent to Commence Annexation the Council is required by RCW 35A.14.120 to set a date to hold a meeting to consider: (1) whether the City will accept, reject, or geographically modify the proposed annexation; (2) whether it will require the simultaneous adoption of a proposed zoning regulation; and (3) whether it will require the assumption of all or any portion of existing City indebtedness by the area to be annexed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That a public meeting with the initiators to consider a Notice of Intent to Commence Annexation of property located north of Dent Road between Columbia River Road, and Taylor Flats Road, as described in Exhibit A and depicted in Exhibit B, attached hereto, will be held before the City Council of the City of Pasco, in the Council Chambers, at 525 North Third Avenue, Pasco, Washington, at the hour of 7:00 p.m., August 5, 2024. Be It Further Resolved, that this Resolution shall take effect immediately. Page 171 of 190 Resolution: Setting PH for Shumway ANX 2024-002 - 2 PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____, 2024. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Krystle Shanks, CMC Kerr Ferguson Law, PLLC Deputy City Clerk City Attorneys Page 172 of 190 Annexation Legal Description THAT PORTION OF THE NORTHEAST ¼ OF THE SOUTHEAST ¼ & THAT PORTION OF THE SOUTHEAST ¼ OF THE NORTHEAST ¼ OF SECTION 32, TOWNSHIP 10 NORTH, RANGE 29 EAST, WILLAMETTE MERIDIAN, LYING EASTERLY OF PASCO-COLUMBIA RIVER ROAD & LYING OUTSIDE IRRIGATION BLOCK 1, COLUMBIA BASIN PROJECT. TOGETHER WITH THAT PORTION OF THE SOUTHWEST ¼ OF SECTION 33, TOWNSHIP 10 NORTH, RANGE 29 EAST, WILLAMETTE MERIDIAN, LYING EASTERLY OF ROAD 68 AND WESTERLY OF TAYLOR FLATS RD, AND LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 33; THENCE NORTH 0°13’43” WEST 1119.25 FEET ALONG THE WEST SECTION LINE OF SAID SECTION; THENCE LEAVING SAID SECTION LINE NORTH 89°46’17” EAST 495.16 FEET TO THE EAST RIGHT OF WAY OF COLUMBIA RIVER ROAD AND THE POINT OF BEGINNING; THENCE LEAVING SAID RIGHT OF WAY SOUTH 81°33’59” EAST 214.20 FFET; THENCE SOUTH 80°36’20” EAST 117.46 FEET; THENCE SOUTH 84°43’49” EAST 278.48 FEET; THENCE NORTH 89°48’40” EAST 87.18 FEET; THENCE NORTH 81°19’37” EAST 130.42 FEET; THENCE NORTH 74°06’32” EAST 346.72 FEET; THENCE NORTH 56°25’39” EAST 83.56 FEET; THENCE NORTH 46°06’51” EAST 326.00 FEET TO THE WESTERLY RIGHT OF WAY MARGIN OF TAYLOR FLATS ROAD AND THE TERMINUS OF SAID DESCRIBED LINE. 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Ț ŏ Ț ȚȁȚ Ț /Ț #Ț /Ț çë n nnǠ9?Ç 8 :øǡǢ nƆõöDz÷t%ǣ Ǥ ǥùȚ ȖȗȚ 9 ǪȘȚ3ęĐǸșǹȚ *Ț Ț Ț EXHIBIT "B" Pa g e 1 7 4 o f 1 9 0 Item:Annexation -Between Taylor Flats and Columbia River RoadsOverv1ewApplicant(s):Peter Harpster on behalf of Carolyn Ann Shumway File #:ANX 2024-002 '. Pa g e 1 7 5 o f 1 9 0 ..-Item:Annexation -Between Taylor Flats and Columbia River RoadsV1c1n1tyApplicant(s):Peter Harpster on behalf of Carolyn Ann Shumway Map File #;ANX 2024—002 Pa g e 1 7 6 o f 1 9 0 NOTICE OF INTENTION TO COMMENCE ANNEXATION PROCEDURES TO: The City Council of the City of Pasco 525 North Third Avenue Pasco, Washington 99301 Council Members: The undersi gned, who are the owners of not less than ten percent in value, according to the assessed valuation for general taxation of the property for which annexation is sought, hereby advise the City Council of the City of Pasco that it is the desire of the undersigned owners of the following area to commence annexation proceedings. The property herein referred to is described on Exhibit "1" attached hereto and is depicted on Exhibit "2" further attached hereto. It is requested that the City Council of the City of Pasco set a date not later than sixty days after the filing of this request for a meeting with the undersigned to determine: (1)Whether the City Council will accept the proposed annexation; and, (2)Whether the City Council will require the assumption of existing City indebtedness by the area to be annexed; and, (3)Whether the City Council will require simultaneous zoning. This page is one of a group of pages containing identical text material and is intended by the signers of this Notice of Intention to be presented and considered as one Notice of Intention and may be filed with other pages containing additional signatures which cumulatively may be considered as a single Notice of Intention. APPLICANT REPRESENTATIVE: Harpster Land Development Peter Harpster (509)212-9596 peter@harpsterld.com Page 177 of 190 1.Please print your name in addition to signing. Page 178 of 190 Affidavit of Signature for Annexation Notice of Intent and Petition Under the penalty of perjury, I declare under oath, that I am authorized to sign deeds and encumbrances on behalf of Shumway Family Properties LLC and I am further authorized to sign other documents including Notices oflntent and Petitions. G State of Br\�) ): ss. County or:Mn ci { Q p 0\. ) I certify that I know or have satisfactory evidence that .._· .,,.,.,-r!-ll,<...l>ql.-'---'..,U..:IU--l-'-""'A!q who appeared before me, and said person acknowledged that (he/she) signed this instr ent, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it as the 9 ff\ do..'1 of f'-1 Cty l D 2. Lf to be the free and voluntary act of such party for the uses and purposes mentiotted in the instrument. Given under my hand and official seal this 9 ft, day of --'-M _ _;;_�.:,_�+------'·-..c..2-...:D:...2-�L( ��t:?'"½ NOTARY PUBLIC in and for the State of A 1:. Residingat: / D01� f-V/0,. L·.'\.d.c,.. \coHsolal.t.,A1..My Commission Expires: {)f,-It) 02 ± E3<;;lS"B Page 179 of 190 Annexation Legal Description THAT PORTION OF THE SOUTHWEST ¼ OF SECTION 33, TOWNSHIP 10 NORTH, RANGE 29 EAST, WILLAMETTE MERIDIAN, LYING EASTERLY OF ROAD 68 AND WESTERLY OF TAYLOR FLATS RD, AND LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 33; THENCE NORTH 0°13'43" WEST 1119.25 FEET ALONG THE WEST SECTION LINE OF SAID SECTION; THENCE LEAVING SAID SECTION LINE NORTH 89°46' 17" EAST 495.16 FEET TO THE EAST RIGHT OF WAY OF COLUMBIA RI VER ROAD AND THE POINT OF BEGINNING; THENCE LEAVING SAID RIGHT OF WAY SOUTH 81 °33'59" EAST 214.20 FFET; THENCE SOUTH 80 °36'20" EAST 117.46 FEET; THENCE SOUTH 84°43'49" EAST 278.48 FEET; THENCE NORTH 89°48'40" EAST 87.18 FEET; THENCE NORTH 81 °19'37" EAST 130.42 FEET; THENCE NORTH 74°06'32" EAST 346.72 FEET; THENCE NORTH 56°25'39" EAST 83.56 FEET; THENCE NORTH 46°06'51" EAST 326.00 FEET TO THE WESTERLY RIGHT OF WAY MARGIN OF TAYLOR FLATS ROAD AND THE TERMINUS OF SAID DESCRIBED LINE. SUBJECT TO PUBLIC ROAD RIGHT OF WAY DEDICATED UNDER AUDITOR'S FILE NUMBER 554813, RECORDS OF FRANKLIN COUNTY, WASHINGTON. CONTAINS 14.94 ACRES, MORE OR LESS. Page 180 of 190 1·-300' -+- PORTION FARM UNIT 97 ±1.5' DDWN FND 1/2" REBAR W/ YPC STAMPED "LS 21607" RECORD SURVEY FOR PARCEL EXEMPT SEGREGATION LOCATED IN THE SW 1/4 OF SECTION 33, TOWNSHIP NORTH, RANGE 29 EAST, W.M. FRANKLIN COUNTY, WASHINGTON SURVEYOR'S NOTES: 10 1. BASIS OF BEARING IS GRID, WASHINGTON STATE PLANE, SOUTH ZONE, NAD8 3(11), BASED ON RTK GNSS OBSERVATIONS FROM NGS TRI-STATION DENT RESET. DISTANCES ARE "GROUND" SCALED FROM GRID USING A COMBINED FACTOR OF 1.00007308535 FND 2.5" BRASS CM' i\ o;:L,. _______________ !:!:N8�9:.,"1!.:3�·o�e�-E�2�65�9�.2�0�·------------------FLUSH. 34 2. 0 s DENOTES SET 5/B"X24" REBAR WITH ORANGE PLASTIC CAP STAMPED •ops WA 41028" 32033 2527.41' I NOT SEARCHED THIS SURVEY FALLS IN FARM FIELD Curve Table CURVE LENGTH RADIUS C1 466.46 2894.31 C2 199.47 242.84 C 3 498.25 1468.49 C4 656.38 2825.00 FNO 1/2" REBAR W/ YPC STAMPED "LS 21607" ±0.4' DOWN I '' ,, \�"�. :: ' � \�-', �o., '' ·.s>.,.' ' 495.16' � ... S89'46'17"W LINE TABLE LINE DIRECTION L1 S81"33'59"E L2 S80'36'20"E L3 S84'43'49"E L4 N89' 48' 40"E L5 N81'19'37"E L6 N74'06'32"E L7 N56'25'39"E L8 N46'06'51"E L9 N28'57'28"W I= ' -� � -� 'I - I LENGTH 214.20 117.46 278.48 87.18 130.42 346.72 83.56 326.00 63.13 DELTA CH. BRNG. 9°14'03" N33'34'30"W 47'03'45" S52'29'21 "E 19'26'24" S17'54'57"W 13'18'45" N20'58'47"E PARCEL 1 85.78 ACRES CHORD 465.96 193.91 495.86 654.90 I 4' I .,. I §,'�/ /! I �/ '.!/ _,. I // 1/ I I I I \ FNO 2.5" BRASS CAP ,., IN CASE ,., ±0.6' DOWN /,., 1// I / FND MAG & WASHER fr STAMPED "LS 21607" 3 - .. ----.- - - __ -:-_ ·-4 NOT SET FALLS IN ROAD (SEE NOTE 7) /CLARK RD I I I I I I I I I I I I I I I I 3. e -DENOTES FOUND MONUMENT AS NOTED 4. {M) -MEASURED {C) = COMPUTED {R) = RECORD PER 5. EQUIPMENT AND PROCEDURES USED: DUAL FREQUENCY GNSS RECEIVERS USING REAL TIME KINEMATIC METHODS. THIS SURVEY MEETS OR EXCEEDS THE ACCURACY REQUIREMENTS OF WAC 332-1 30-085. ANALYSIS METHOD: MULTIPLE INDEPENDENT RTK GNSS TIES & LEAST SQUARES ADJUSTMENT. 6. MONUMENTS WERE VISITED l>J'RIL 11, 2024 7. THE PUBLIC ROAD RIGHT OF WAY OF THE INTERSECTION OF TAYLOR FLATS ROAD AND COLUMBIA RIVER ROAD IS BASED ON DEED AF;f554813 AND COUNTY ROAD PLANS "CLARK ROAD EXTENSION CRP 536" DATED JUNE 1998. BOTH WERE PROVIDED BY THE FRANKLIN COUNTY ROAD DEPARTMENT. THE ROAD PLANS SHOW A CURVE ON THE RIGHT OF WAY AT THE INTERSECTION WITHOUT CALLING OUT WHAT THE RADIUS IS. THE DEED HOWEVER ONLY DEDICATES THAT PORTION LYING SOUTHERLY OF A LINE 30' NORTH OF THE PROPOSED CENTERLINE. THE BOUNDARY AND AREA SHOWN HEREON IS BASED ON THE DEED DESCRIPTION. / RECORD LEGAL DESCRIPTION .(} � / THAT PORTION OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 & THAT PORTION OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 32, TOWNSHIP A� ,,,'Y / iio'j��H, RANGE 29 EAST, WILIAMffiE MERIDIAN, LYING EASTERLY OF PASCO-COLUMBIA RIVER ROAD & LYING OUTSIDE IRRIGATION BLOCK 1, COLUMBIA BASIN � "�/ I I I ,........ TOGETHER W[H THAT PORTION OF FARM UNIT 97, IRRIGATION BLOCK 1, COLUMBIA BASIN PROJECT, LYING NORTHEASTERLY OF PASCO-COLUMBIA RIVER RD. TOGETHER W[H THAT PORTION OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP 10 NORTH, RANGE 29 EAST, WILLAMffiE MERIDIAN, LYING EASTERLY OF ROAD 68 AND WESTERLY OF TAYLOR FLATS RD. / SUBJECT JP PUBLIC ROAD RIGHT OF WAY DEDICATED UNDER AUDITOR'S FILE NUMBER 554813, RECORDS OF FRANKLIN COUNTY, WASHINGTON. /RESULTANT LEGAL DESCRIPTIONS: ,'� THAT PORTION OF THE NORTHEAST1/4 OF THE SOUTHEAST 1/4 & THAT PORTION OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 32, TOWNSHIP 10 NORTH, RANGE 29 EAST, WILLAMETTE MERIDIAN, LYING EASTERLY OF PASCO-COLUMBIA RIVER ROAD & LYING OUTSIDE IRRIGATION BLOCK 1, COLUMBIA BASIN PROJECT TOGETHER WITH THAT PORTION OF FARM UNIT 97, IRRIGATION BLOCK 1, COLUMBIA BASIN PROJECT, LYING NORTHEASTERLY OF PASCO-COLUMBIA RIVER RO. TOGETHER WITH THAT PORTION OF THE SOUTHWEST 1/4 OF SECTION 3 3, TOWNSHIP 10 NORTH, RANGE 29 EAST, WILLAMETTE MERIDIAN, LYING EASTERLY OF ROAD 68 AND WESTERLY OF TAYLOR FLATS RO. SUBJECT TO PUBLIC ROAD RIGHT OF WAY DEDICATED UNDER AUDITOR'S FILE NUMBER 554813, RECORDS OF FRANKLIN COUNTY, WASHINGTON. � THAT PORTION THEREOF LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 33; THENCE NORTH 0'13'43"WEST 1119.25 FEET ALONG THE WEST SECTION LINE OF SAID SECTION; THENCE LEAVING SAID SECTION LINE NORTH 89°46'17" EAST 495.16 FEET TO THE EAST RIGHT OF WAY OF COLUMBIA RIVER ROAD AND THE POJNT OF BEG(NN(NG· THENCE LEAVING SAID RIGHT OF WAY SOUTH 81'33'59" EAST 214.20 FEET; THENCE SOUTH 80'36'20" EAST 117.46 FEET; THENCE SOUTH 84'43'49" EAST 278.48 FEET; THENCE NORTH 89'48'40" EAST 87.18 FEET; THENCE NORTH 81'19'37" EAST 1 30.42 FEET; THENCE NORTH 74'06'32" EAST 346.72 FEET; THENCE NORTH 56'25'39" EAST 83.56 FEET; THENCE NORTH 46'06'51" EAST326.00 FEET TO THE WESTERLY RIGHT OF WAY MARGIN OF TAYLOR FLATS ROAD AND THE JERl,llNUS OF SAID DESCRIBED LINE. CONTAINS 85. 78 ACRES, MORE OR LESS .PMll:El....Z TOGETHER W[H THAT PORTION OF THE SOUTHWEST 1/4 OF SECTION 3 3, TOWNSHIP 10 NORTH, RANGE 29 EAST, WILLAMETTE MERIDIAN, LYING EASTERLY OF ROAD 68 AND WESTERLY OF TAYLOR FLATS RO, AND LYING SOUTHERLY Of THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHWEST CORNER Of SAID SECTION 33; THENCE NORTH O' 13' 43" WEST 1119.25 FEET ALONG THE WEST SECTION LINE Of SAID SECTION; THENCE LEAVING SAID SECTION LINE NORTH 89'46'17" EAST 495.16 FEET TO THE EAST RIGHT Of WAY OF COLUMBIA RIVER ROAD AND THE POINT OF BEG(NN(NG· THENCE LEAVING SAID RIGHT Of WAY SOUTH 81'33'59" EAST 214.20 FEET; THENCE SOUTH 80'36'20" EAST 117.46 FEET; THENCE SOUTH 84'43'49" EAST 278.48 FEET; THENCE NORTH 89°48'40" EAST 87.18 FEET; THENCE NORTH 81'19'37" EAST 130.42 FEET; THENCE NORTH 74'06'32" EAST 346.72 FEET; THENCE NORTH 56'25'39" EAST 83.56 FEET; THENCE NORTH 46'06'51" EAST 326.00 FEET TO THE WESTERLY RIGHT OF WAY MARGIN OF TAYLOR FLATS ROAD AND THE JERl,llNUS OF SAID DESCRIBED LINE. PARCEL 2 IS THE ANNEXATION SITE SUBJECT TO PUBLIC ROAD RIGHT OF WAY DEDICATED UNDER AUDITOR'S FILE NUMBER 554813, RECORDS OF FRANKLIN COUNTY, WASHINGTON. CONTAINS 14.94 ACRES, MORE OR LESS AUDITOR'S CERTIFICATE FILED FOR RECORD THIS ____ DAY OF ______ , 20_A.0., AT ____ _ SURVEYOR'S CERTIFICATE: MINUTES PAST ______ M. ANO RECORDED IN VOLUME _____ OF SURVEYS, THIS MAP CORRECTLY REPRESENTS A SURVEY MADE BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE REQUIREMENTS OF THE SURVEY RECORDING ACT AT THE REQUEST OF SHUMWAY FAMILY PROPERTIES IN l>J'RIL 2024. 300 150 0 h-------F9 SE1/4 SW1/4 SW1/4 SW1/4 NE1/4 SW1/4 NW1/4 SW1/4 300 SCALE IN FEET 600 900 PAGE ____ , AT THE REQUEST OF ROGERS SURVEYING. FRANKLIN COUNTY AUDITOR ��ROGERS SURVEYING INC., P.S. 1455 COLUJIBL4 PARK TRAIL RICHLAND, ll'"A. 99352 PHONE (509) 783-4141 FAX: (509) 783-8994 www.rogeTBsu.n1eying.com FEE NUMBER REV: CLIENT SHUMWAY FAMILY PROPERTIES JOB 11324 PROJECT PARCEL EXEMPT SEGREGATION PORTION OF S.33, T.1 ON., R.29E., W.M. ORN. BY OCP SCALE 1 •= 300' F. B. NO. ,,__l>J'_P_R_O_VE_O_D_P _B_---;_D_A _JE--o-4/_1_8_24--i �� Vf� 32/t�t SHEET 1 OF Pa g e 1 8 1 o f 1 9 0 AGENDA REPORT FOR: City Council June 26, 2024 TO: Adam Lincoln, City Manager City Council Regular Meeting: 7/1/24 FROM: Jacob Gonzalez, Director Community & Economic Development SUBJECT: *Resolution No. 4470 - Setting a Public Hearing for MACA LLC Alleys Vacation (VAC 2024-001) (3 minutes) I. REFERENCE(S): Proposed Time and Date Resolution Exhibit A Vicinity Map II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. 4470, setting 7:00 p.m., Monday, August 5, 2024, as the time and date for a public hearing to consider the vacation of a 20-foot Alley in Block 105 Pasco Land Company First Addition to Pasco, Washington, and waiving the requirements for an appraisal, title report, and payment of compensation. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: In March of 2024, the City received a petition to vacate a 20-foot Alley in Block 105 Pasco Land Company First Addition to Pasco, Washington. The vacation area is northwest of the intersection of E Bonneville Street and N Main Ave, which is just north of E Lewis Street. V. DISCUSSION: Chapter 12.40 of the Pasco Municipal Code (PMC) establishes the procedure and criteria for consideration and determination of vacation of streets, alleys, and access easements related to street, pedestrian, or travel purposes for public use. The applicants are requesting a vacation of a 20-foot Alley in Block Page 182 of 190 105 Pasco Land Company First Addition to Pasco, Washington, as shown in Exhibit A. In evaluating the proposed alley right-of-way vacation according to the PMC Section 12.40.070(1)-(4). Staff have determined the following: (1) The vacation shall not adversely affect traffic accessibility and circulation within the immediate area or within the City as a whole; (2) The right-of-way is not contemplated or needed for future public use; (3) No abutting property will become landlocked, or its access substantially impaired; and (4) The public needs shall not be adversely affected and the vacation will provide a public benefit or serve a public purpose. Upon receiving a complete application for vacation, the City Council via resolution, shall fix a time when the City should conduct a public hearing on the proposed vacation (PMC Section 12.40.040). Staff recommends that the City Council move forward with the resolution, and set Monday, August 5, 2024, as the time and date for a public hearing to consider the vacation request. Page 183 of 190 Resolution Setting PH for VAC 2024-001 - 1 RESOLUTION NO. _______ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, SETTING 7:00 PM, AUGUST 5, 2024, AS THE TIME AND DATE FOR A PUBLIC HEARING TO CONSIDER THE VACATION OF A 20-FOOT ALLEY IN BLOCK 105 PASCO LAND COMPANY FIRST ADDITION TO PASCO, WASHINGTON. WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City of Pasco (City), the City Council may vacate rights-of-way; and WHEREAS, a petition for vacation of a 20-foot alley in Block 105 Pasco Land Company First Addition according to the Plat thereof recorded in Volume B of Plats, Page 39 Records of Franklin County, Washington, by owners of more than two-thirds abutting the part of the street and alley to be vacated has been submitted to the City; and WHEREAS, the vacation process, by petition application, provided in the Pasco Municipal Code (PMC) Chapter 12.40 requires a survey, title report, an appraisal of value, and compensation unless waived by City Council; and WHEREAS, the City may waive the requirements for a survey pursuant to PMC Section 12.40.110 if the location and legal description of the street or alley proposed for vacation is sufficiently known to the City such that an accurate legal description can be determined with certainty without a survey; and WHEREAS, pursuant to PMC Section 12.40.120(2), compensation for vacated rights-of- way, an appraisal and title report may be waived if one or more of the following are applicable: the vacation is initiated by Council Resolution; the vacation is at the request of the City; the right- of-way to be vacated was previously determined by Council not to be essential to public traffic circulation and is available for vacation; the grant of a substitute right-of-way has value as a right- of-way at least equal to the right-of-way to be vacated; or the resulting benefit to the community of the project requiring vacation outweighs the appraised value of the right-of-way to be vacated; and WHEREAS, the City staff is requesting that Council make a determination concerning whether to waive the requirements of a title report, appraisal of value, and compensation pursuant to PMC 12.40.120(2) after holding a public hearing; and WHEREAS, PMC Section 12.40.040 requires public hearings on vacations to be fixed by resolution, and to provide notice for such hearing which shall occur no later than sixty (60) days after, nor earlier than twenty (20) days after, the passage of this Resolution setting a public hearing. Page 184 of 190 Resolution Setting PH for VAC 2024-001 - 2 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: Notice of Hearing. That a public hearing to consider vacating the following as described below and depicted in Exhibit A attached hereto, will be held before City Council of the City of Pasco in the Council Chambers at 525 N. Third Avenue, Pasco, Washington at the hour of 7:00 p.m., on the 5th day of August, 2024: Alleys to be Vacated: A 20.00-foot alley in Block 105 Pasco Land Company First Addition according to the Plat thereof recorded in Volume B of Plats, Page 39 Records of Franklin County, Washington and being in the Southwest quarter of the Northeast quarter of section 29, Township 9 North, Range 30 East, W.M. and described as follows: Beginning at the Northwest corner of Lot 13 of said Block 105; thence North 19°50'53" West for 20.00 feet to the Southwest corner of Lot 20 of said Block 105; thence along the Southerly line of Lots 17-20 North 70°09'07" East for 100.00 feet to the Southeasterly corner of Lot 17 of said Block 105; thence along the Easterly line of said Lot 17 North 19°50'53" West for 140.00 feet to the Northeasterly corner of said Lot 17; thence North 70°09'07" East for 20.00 feet to the Northwesterly corner of Lot 21 of said Block 105; thence along the Westerly line of Lots 21-32 South 19°50'53" East for 300.00 feet to the Southwesterly corner of Lot 32 of said Block 105; thence South 70°09'07" West for 20.00 feet to the Southeasterly corner of Lot 16 of said Block 105; thence along the Easterly line of said Lot 16 North 19°50'53" West for 140.00 feet to the Northeasterly corner of said Lot 16; thence along the Northerly line of lots 13-16 of said Block 105 South 70°09'07" West for 100.00 feet to the Point of Beginning. Containing 8,000 square feet Be It Further Resolved, that the City Clerk of the City of Pasco give notice of said public hearing as required by law. Be It Further Resolved, that the City Council will decide whether to waive the requirements for an appraisal, title report, and compensation after the August 5, 2024, public hearing. Be It Further Resolved, that this Resolution shall take effect immediately. Page 185 of 190 Resolution Setting PH for VAC 2024-001 - 3 PASSED by the City Council of the City of Pasco, Washington, this ____ day of _____ 2024. Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Krystle Shanks, CMC Kerr Ferguson Law, PLLC Deputy City Clerk City Attorneys Page 186 of 190 }IMg & 4 2 ht #b &c¡ Nu y m n =N oO 5 ! ¢ A £ ¤ yFIT & 4: jt # > +*./ ,20 2 12 {FKT § (/ ¨ gt)2 &B { p 2) "2 ª« qv yFIU "A" !# 2 2 2 2#$2% 2 2 ' 2 (# &2 ~JPi &"4#3# jt . '. z p 2-2 © |FLRk " & 6"2 gw c &c y 0 {FKV #+" 8 6 gt b b& ] ¥EHM Q"#& 7#2" ¬gt $b *d gM Y^pZ X_IS ytHt : .& 2 2 ¦ yFJPj '#4 C? lx %, y eWrP`Jf G\ar[s DD1. 9 D 9@- ;< ; Pa g e 1 8 7 o f 1 9 0 AGENDA REPORT FOR: City Council June 27, 2024 TO: Adam Lincoln, City Manager City Council Regular Meeting: 7/1/24 FROM: Adam Lincoln, City Manager City Manager SUBJECT: Cancellation of July 15, 2024 Regularly Scheduled Council Meeting I. REFERENCE(S): II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve the cancellation of the regularly scheduled Council Meeting set for July 15, 2024. III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: Per the Pasco Municipal Code (PMC) Section 2.05.010, the City Council may cancel regular business meetings or workshops, by motion, at their discretion. V. DISCUSSION: Staff seeks consideration for cancellation of the July 15th City Council Meeting. Page 188 of 190 QUALITY OF LIFE Promote a high-quality of life through quality programs, services and appropriate investment and re- investment in community infrastructure including, but not limited to: • Completion of Transportation System Master Plan and design standard updates to promote greater neighborhood cohesion in new and re-developed neighborhoods through design elements, e.g.; connectivity, walkability, aesthetics, sustainability, and community gathering spaces. • Completion of the Parks, Recreation and Open Space Plan and development of an implementation strategy to enhance such services equitably across the community. • Completion of the Housing Action and Implementation Plan with a focus on a variety of housing to address the needs of the growing population. FINANCIAL SUSTAINABILITY Enhance the long-term viability, value, and service levels of services and programs, including, but not limited to: • Adopting policies and strategic investment standards to assure consistency of long-range planning to include update of impact fees, area fees to specific infrastructure, and SEPA mitigation measures related to new development, e.g.; schools, traffic, parks, and fire. COMMUNITY TRANSPORTATION NETWORK Promote a highly functional multi-modal transportation system including, but not limited to: • Application of the adopted Transportation System Master Plan including development of policies, regulations, programs, and projects that provide for greater connectivity, strategic investment, mobility, multi -modal systems, accessibility, efficiency, and safety. COMMUNITY SAFETY Promote proactive approaches for the strategic investment of infrastructure, staffing, and equipment including, but not limited to: • Adoption and develop implementation strategies for Comprehensive Fire Master Plan aimed at maintaining the current Washington State Rating Bureau Class 3 community rating. • Collaboration with regional partners to influence strategies to reduce incidences of homeless by leveraging existing resources such as the newly implemented 0.1% mental health sales tax, use of resource navigator programs, and other efforts. • Development of an implementation strategy for the Comprehensive Police Master Plan to support future service levels of the department to assure sustainability, public safety, officer safety, crime control, and compliance with legislative mandates. ECONOMIC VITALITY Promote and encourage economic vitality including, but not limited to: • Implementation of the Comprehensive Land Use Plan through related actions including zoning code changes, phased sign code update, and development regulations and standards. • Completion of Area Master Plans and environmental analysis complementing the Comprehensive Land Use Plan such as Downtown and Broadmoor Master Plans. • Development of an Economic Development Plan, including revitalization efforts. COMMUNITY IDENTITY Identify opportunities to enhance community identity, cohesion, and image including, but not limited to: • Development of a Community Engagement Plan to evaluate strategies, technologies, and other opportunities to further inclusivity, community engagement, and inter-agency and constituent coordination efforts. • Support of the Arts and Culture Commission in promoting unity and the celebration of diversity through art and culture programs, recognition of significant events or occurrences, and participation/sponsorship of events within the community. Page 189 of 190 CALIDAD DE VIDA Promover una calidad de vida alta a través de programas de calidad, servicios, inversiones y reinversiones apropiadas en la infraestructura de la comunidad incluyendo, pero no limitado a: • Terminar el Plan de Transportación para promover más cohesión entre nuestras vecindades actuales y re-desarrolladas a través de elementos de diseño, p.ej. conectividad, transitabilidad, sostenibilidad estética, y espacios para reuniones comunitarias. • Terminar el Plan de los Parques, la Recreación, y los Espacios Vacíos y el desarrollo de una estrategia de implementación para mejorar tales servicios justamente a lo largo de la comunidad. • Terminar el Plan de Acción e Implementación de Viviendas con un enfoque en una variedad de viviendas para tratar las necesidades del aumento en la población. SOSTENIBIILIDAD FINANCIERA Mejorar la viabilidad a largo plazo, el valor, y los niveles de los servicios y los programas, incluyendo, pero no limitado a: • Adoptar las políticas y los estándares de inversión estratégica para asegurar consistencia en la planificación a largo plazo para incluir la actualización de las tarifas de impacto, las tarifas en áreas de infraestructura específica, y las medidas de mitigación SEPA relacionadas con el nuevo desarrollo, p.ej. escuelas, tráfico, parques, e incendios. RED DE TRANSPORTACION COMUNITARIA Promover un sistema de transportación multimodal en alta operación incluyendo, pero no limitado a: • Aplicar el Plan de Transportación que fue adoptado, incluyendo el desarrollo de las políticas, las reglas, los programas, y los proyectos que proporcionan más conectividad, inversión estratégica, movilidad, sistemas multimodales, accesibilidad, eficiencia, y seguridad. SEGURIDAD COMUNITARIA Promover métodos proactivos para la inversión estratégica en la infraestructura, el personal, y el equipo incluyendo, pero no limitado a: • Adoptar y desarrollar estrategias de implementación para el Plan Comprehensivo para Incendios. Con el propósito de mantener la clasificación comunitaria actual en la tercera Clase del Departamento de Clasificación del Estado de Washington. • Colaborar con socios regionales para influenciar estrategias que reduzcan los incidentes de personas sin hogar al hacer uso de los recursos actuales como el impuesto de ventas de 0.1% implementado recientemente para la salud mental, el uso de programas para navegar los recursos, y otros esfuerzos. • Desarrollar una estrategia de implementación para el Plan Comprehensivo de la Policía para apoyar los niveles futuros de servicio del departamento para asegurar la sostenibilidad, la seguridad pública, la seguridad de los policías, el control de crímenes, y el cumplimiento con los mandatos legislativos. VITALIDAD ECONOMICA Promover y fomentar vitalidad económica incluyendo, pero no limitado a: • Implementar el Plan Comprehensivo del Uso de Terreno a través de acciones relacionadas, incluyendo cambios de los códigos de zonificación, actualización en las etapas de los códigos de las señales, y el desarrollo de las reglas y los estándares. • Terminar los Planes de las Áreas y un análisis ambiental el cual complementa al plan integral de uso de la tierra como a los Planes del Centro y de Broadmoor. • Desarrollar un Plan de Desarrollo Económico, el cual incluya esfuerzos de revitalización. IDENTIDAD COMUNITARIA Identificar oportunidades para mejorar la identidad comunitaria, la cohesión, y la imagen incluyendo, pero no limitado a: • Desarrollar un Plan de Participación de la Comunidad para evaluar las estrategias, las tecnologías, y otras oportunidades para promover la inclusividad, la participación de la comunidad, y los esfuerzos interdepartamentales y de coordinación de los constituyentes. • Apoyar a la Comisión de las Artes y Cultura al promover la unidad y la celebración de la diversidad a través de programas de arte y cultura, reconocer eventos o acontecimientos significantes, y participar/patrocinar eventos dentro de la comunidad. Page 190 of 190