HomeMy WebLinkAbout2010.10.04 Council Meeting Packet AGENDA
PASCO CITY COUNCIL
Regular Meeting 7.00 p.m_ October 4,2010
1. CALL TO ORDER
2. ROLL CALL:
(a) Pledge of Allegiance
3. CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine by the
City Council and will be enacted by roll call vote as one motion (in the form listed below). There will be
no separate discussion of these items. If further discussion is desired by Councilmembers or the public,
the item may be removed from the Consent Agenda to the Regular Agenda and considered separately.
(a) Approval of Minutes:
1. Minutes of the Pasco City Council Meeting dated September 20, 2010.
(b) Bills and Communications: (A detailed listing of claims is available for review in the Finance
Manager's office.)
1. To approve General Claims in the amount of$1,471,898.38 ($46,754.95 in the form of Wire
Transfer No. 5556; $221,154.65 in the form of Electronic Fund Transfer Nos. 1028 through
1031; and$1,203,988.78 consisting of Claim Warrants numbered 178848 through 179045).
2. To approve Payroll Claims in the amount of $1,889,047.95, Voucher Nos. 41723 through
41854; and EFT Deposit Nos. 30039885 through 30040437.
(c) Appointments to Planning Commission: (NO WRITTEN MATERIAL ON AGENDA)
To appoint Alecia Greenaway to Position No. 4 (expiration date 2/2/2012), and Lisa Gemig to
Position No. 9(expiration date 2/2/2015)to the Planning Commission.
(d) Benton-Franklin Head Start Lease,MLK Center:
1. Agenda Report from Rick Terway, Administrative & Community Services Director dated
September 21,2010,
2. Proposed Lease Agreement.
To approve the lease with Benton-Franklin Head Start for tenancy at the Martin Luther King
Center and, fiirther, to authorize the City Manager to sign the lease agreement.
*(e) Dedication Deed: Deeds for a portion of the Road 60 and Overton Road Intersection (MF
#INFO 10-033):
1. Agenda Report from David 1. McDonald,City Planner dated September 28,2010.
2. Vicinity Map.
3, Right-of-Way Dedication Deed from Joseph and Linda Pizzarella.
4. Right-of-Way Dedication Deed from Gilbert and Ottilia Humann.
To accept the dedication deeds from the'Pizzarellas and the Humans for a portion of the Road 60
and Overton Road intersection.
(f) Resolution No. 3276, a Resolution allocating estimated 2011 Federal HOME Funds.
1. Agenda Report from Angela R. Pitman, Block Grant Administrator dated September 21,
2010.
2. Resolution allocating 2011 HOME Funds.
To approve Resolution No. 3276,allocating the estimated 2011 HOME Funds.
*(g) Resolution No.3277,a Resolution approving a Preliminary Plat for Sahara Estates.
I. Agenda Report from David I.McDonald, City Planner dated September 28, 2010.
2. Overview and Vicinity Maps.
3. Proposed Resolution.
4. Preliminary Plat (Council packets only; copy available for public review in the Planning
office, the Pasco Library or on the city's webpage at heft)://www,)asco-
wa.Gov/webany/citycounci lrepQrts).
5. Report to the Planning Commission.
6. Planning Commission Minutes dated 8/19/10 and 9/16/10.
To approve Resolution No. 3277,approving the Preliminary Plat for Sahara Estates_
(RC) MOTION:I move to-approve the Consent Agenda as read.
Regular Meeting 2 October 4, 2010
4. PROCLAMATIONS AND ACKNOWLEDGMENTS:
(a) "Yard of the Month" Awards. (NO WR1TrEN MA1'ER1AL ON AGENDA) The following
Pasco residents have been invited to attend the Council meeting to receive Certificates of
Appreciation from the City Council for"Yard of the Month," September 2010.
1. Augustine and Esther Silva, 827 W.Park Street
2. John and Sandra Morgan,425 Road 37
3. Richard and Tarene Collingham, 509 Road 52
4. Jeff and Pam Wheatley, 9808 Chelan Court
(b) "Business of the Month" Appearance Award. (NO WRITTEN MATERIAL ON AGENDA)
The following Pasco business has been invited to attend the Council meeting to receive a
Certificate of Appreciation from the City Council for "Business of the Month Appearance
Award"for September 2010.
1. Commercial Tire,306 S. Oregon Avenue
(c) Presentation of Proclamation for "Domestic Violence Awareness Month, October 2010."
Mayor Matt Watkins to present Proclamation to Denis Austin, Chief of Police, Pasco Police
Department.
5. VISITORS-OTHER THAN AGENDA ITEMS: -
(a)
(U)
(C)
G. REPORTS FROM COMMITTEES AND/OR OFFICERS:
(a) Verbal Reports from Councilmembers
(b)
(c)
7. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS
RELATING THERETO:
*(a) Street Vacation(MF#VAC10-00 ) A portion of Holden Street and Front Avenue(Oxarc).
1. Agenda Report from David I, McDonald, City Planner dated September 28,2010.
2. Vicinity Map.
CONDUCT A PUBLIC HEARING
MOTION: 1 stove to continue the public hearing on the l4olden Street and Front Avenue
vacation petition until 7,00 pm, Monday, October 18, 2010-
8. ORDINANCES AND RFSOLUTIONS NOT RELATING TO PUBLIC IIEARINGS:
(a) Resolution No. , a Resolution encouraging Pasco citizens to become informed about the
effects of Initiatives 1100 and 1105,concerning the privatization of liquor sales within the state of
Washington.
I. Agenda Report from Gary Crutchfield, City Manager dated September 29, 2010.
2. AWC Fact Sheet Regarding Initiatives 1 100 and 1105.
3. Graph/Table, Liquor Tax/Profit Receipts, Pasco, 2004-2010.
4, Memorandum from Chief Austin to City Manager.
5. Email message from Stefan Sharkansky to City Manager.
6. Proposed Resolution.
MOTION.- I move to approve Resohniou No.. , encouraging Masco citizens to become
informed aboar chcc effeas of initiatives 1100 and 1105, concerning, the pri vatizatiOn Of ligUor
sales within the state of Washington_
9. UNFINISHED BUSINESS:
(None)
10. NEW BUSINESS:
(None)
Regular Meeting 3 October 4,2010
11. MISCELLANEOUS DISCUSSION:
(a)
(b)
(c)
12. EXECUTIVE SESSION:
(a)
(b)
(c)
13. ADJOURNMENT.
(RC) Roll Call Vote Required
* item not previously discussed
Mr# "Master File#......
Q Quasi-Judicial Matter
REMINDERS:
1. 1:30 p.m,, Monday, October 4, KGH — Emergency Medical. Services Board Meeting.
(COUNCILMEMBER TOM LARSEN,Rep.; AL YENNEY, Alt.)
2. 5:00 p.m., Tuesday, October 5, TRAC Facility — TRAC Advisory Board Meeting.
(COUNCILMEMBERS REBECCA FRANCIK and AL YENNEY)
3. 12:00 p.m., Wednesday, October 6, 2601 N. Capitol Avenue—Franklin County Mosquito Control District
Board Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; AL YENNEY, Alt.)
4. 8:00 a.m. — 5:00 p.m., Thursday, October 7, Three-Rivers Convention Center — Tri-Cities Livable
Sustainable Communities Forum, (MAYOR MATT WATKINS)
5. 6:00 p-m., Thursday, October 7, Pasco Senior Center — Annual Regional Parks & Recreation Advisory
Council Gathering. (COUNCILMEMBER SAUL MARTINF..Z, Rep.; MIKE GARRISON, Alt.)
MINUTES
REGULAR MEETING PASCO CITY COUNCIL SEPTEMBER 20, 2010
CALL TO ORDER:
The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor.
ROLL CALL:
Councilmembers present: Rebecca Francik, Mike Garrison, Robert Hoffmann, Tom
Larsen, Saul Martinez, Matt Watkins and Al Yenney.
Staff present: Gary Crutchfield, City Manager; Leland Kerr, City Attorney; Stan Strebel,
Deputy City '.Manager; Richard Terway, Administrative & Community Services Director;
Rick White, Community & Economic Development Director; Michael McShane, City
Engineer; Denis Austin, Police Chief and Bob Gear, Fire Chief.
The meeting was opened with the Pledge of Allegiance.
CONSENT AGENDA:
(a) Approval of Minutes:
Minutes of the Pasco City Council Meeting dated September 7, 2010.
(b) Bills and Communications:
To approve General Claims in the amount of$1,963,896.05 ($66,647,95 in the form of
Wire Transfer Nos. 5551 and 5552; $10,000.00 in the form of'Electronic Fund Transfer
No. 1027; and $1,887,248.10 consisting of Claim Warrants numbered 178663 through
178847).
To approve bad debt write-offs for utility billing, ambulance, cemetery, general accounts,
miscellaneous accounts, and Municipal Court (non-criminal, criminal, and parking)
accounts receivable in the total amount.of$183,679,84 and, of that amount, authorize
$116,673.75 be turned over for collection,
(c) Dedication Deed: (MF# INFO 10-066) Dedicating a portion of Hugo Avenue
(Victor Cardenas):
To accept the dedication deed from Victor Cardenas for a portion of the Hugo Avenue
right-of-way.
(d) Final Plat (MF# FP10-009) Desert Estates tit, Phase 8 (Bob Barton):
To approve the final plat for Desert Estates III, Phase 8.
MOTION: Ms. Francik moved to approve the Consent Agenda as read. Mr. Garrison
seconded. Motion carried by unanimous Roll Call vote.
VISITORS-OTHER THAN AGENDA ITEMS:
Mr, Joe Nunez, 123 Camargo Lane, served the Mayor and City Manager with papers.
REPORTS FROM COMMTI'TEES AND/OR OFFICERS:
Mr. Garrison reported on the State Auditor's Exit Conference.
Mr. Larsen attended the Senior Citizens Advisory Committee meeting.
1 3(a)r1
MINUTES
REGULAR MEETING PASCO CITY COUNCIL SEPTEMBER 20, 2010
ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS:
Ordinance No. 3971, an Ordinance of the City of Pasco, Washington, amending
Section 3.06.010 "Establishment of Real Estate Excise Tax, Use of Proceeds" to fund
Capital Projects Specified in a Capital Facilities Plan Element of a Comprehensive
Plan.
Council and stall`discussed the proposed Ordinance.
MOTION: Ms. Francik moved to adopt Ordinance No. 3971, amending Section 3,06,010
of the Pasco Municipal Code and, further, authorize publication by summary only. Mr.
Garrison seconded. Motion carried unanimously.
Ordinance No. 3972, an Ordinance relating to zoning and amending PMC Title 25
dealing with temporary businesses in the I-182 Overlay District.
Council and staff discussed the proposed Ordinance.
Mr. Garcia, representing the owner of Tacos Garcia Taco Truck at 6411 Burden
Blvd., is concerned about trying to run the business without tables for the customers,
MOTION: Ms. Francik moved to adopt Ordinance No. 3972, amending PMC Chapter
52.58 by enacting new standards Lor temporary businesses and, further, authorize
publication by summary only. Mr. Garrison seconded. Motion carried by the following
Roll Call vote: Yes — Watkins, Yenney, Francik, Garrison, No— Hoffmann, Larsen,
Martinez.
Resolution No. 3275, a Resolution amending Resolution No. 3274, accepting the
Planning Commission's recommendation and approving a Special Permit for the
location of a farm in an RT (Residential Transition) and C-1 (Retail Business) Zone.
Mr, White explained the details of the amended Resolution.
MOTION: Ms. Francik moved to approve Resolution No. 3275, amending Resolution
No. 3274. Mr. Martinez seconded. 'Motion carried unanimously.
UNFINISHED BUSINESS:
Ordinance No. 3969, an Ordinance concerning Public Works Standard
Specifications, amending Section 14.08.010, and adding Section 14.08.020 of the
Pasco Municipal Code.
MOTION: Ms. Francik to adopt Ordinance No. 3969, amending Chapter 14.08
"Construction Standards"; Section 14.08.010 "Adopted"; and adding Section 14.08.020
"Applicability" and, further, authorize publication by summary only. Mr. Garrisons
seconded. Motion carried unanimously.
MISCELLANEOUS DISCUSSION:
Mr. Hoffmann inquired about revenues noted on the August 2010 General Fund
Operating Statement and suggested staff provide Council a summary of Memorial pool
statistics for 2010.
FXECIJTIVF. SESSION:
Council adjourned to Executive Session at 8:05 p.m. for approximately 30 minutes to
discuss collective bargaining strategy and proposals with the City Manager and City
Attorney.
Mayor Watkins called the meeting back to order at 8:31 p.m.
2
MINUTES
REGULAR NIFETING PASCO CITY COUNCIL SEPTEMBER 20, 2010
ADJOURNMENT:
There being no further business, the meeting was adjourned at 8:31 p.m.
APPROVED: ATTEST:
Matt Watkins, Mayor Debra L. Clark, City Clerk
PASSED and APPROVED this 4th day of October 2010.
3
CITY OF PASCO
Council Meeting of;
October 4, 2010
Accounts Payable Approved
The City Council
City of Pasco, Franklin County, Washington
We, the uVde ne o eby certify under penalty of perjury that the materials have been furnished,the
services r or the labo performed as described herein and that the claim is a just, due and unpaid
obligation the city and hat we are authorized to authenticate certify to said clai
Gary CrL t'chfieTd, Ci MaKaAer ffWefe MasQA., Finance Services Manager
?.
We,the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County,Washington,
do hereby certify that the merchandise or services hereinafter specified have been received;that Wire Transfer
No. 5556 in the amount of$46,754.95, has been authorized; that Electronic Fund Transfer No.s 1028 through
1031 in the amount of$221,154.65, have been authorized;that Check No.s 178848 through 179045 are
approved for payment in the amount of$1,203,988.78,for a combined total of$1,471,898.38,on this 4th day
of October,2010.
Councilmember Councilmember
SUMMARY OF CLAIMSIWIRE TRANSFERS BY FUND:
GENERAL FUND:
Legislative 365.90
Judicial 6,096.04
Executive 3,886.45
Police 164,443.74_
Fire 16,781.28
Administration&Community Services 79,065.67
Community Development 1,552.17
Engineering 1,552.16
Non-Departmental 54,412.85
Library 99,360.92
TOTAL GENERAL FUND: 427,519.18
STREET 441,519.89
C. D. BLOCK GRANT 22,973.71
KING COMMUNITY CENTER 112.58
AMBULANCE SERVICE 11,351.43
CEMETERY 2,077.20
ATHLETIC PROGRAMS 3,342.60
SENIOR CENTER 3,824.14
MULTI MODAL FACILITY 0.00
RIVERSHORE TRAIL & MARINA MAIN 572.53
LITTER CONTROL 1,659.80
REVOLVING ABATEMENT 469.00
PARKS FUND 0.00
TRAC DEVELOPMENT 18,489.08
STADIUMICONVENTION CENTER 18,866.31
SPECIAL ASSESSMNT LODGING 21,548.29
GENERAL CONSTRUCTION 2,252.76
WATER/SEWER 80,242.27
EQUIPMENT RENTAL-OPERATING 31,209.54
EQUIPMENT RENTAL-REPLACEMENT 29.86
TRI CITY ANIMAL CONTROL 46,513.73
MEDICAUDENTAL INSURANCE 110,266.59
CENTRAL STORES 0.00
PUBLIC FACILITIES DIST 26,209.78
PAYROLL CLEARING 200,801.41
LID CONSTRUCTION 46.70
GRAND TOTAL ALL FUNDS: $ 1,471,898.38
3{b).1
CITY OF PASCO
Council Meeting of:
Payroll Approval October 4, 2010
The City Council
City of Pasco
Franklin County, Washington
The follviri is a su ary 01,payroll claims against the City of Pasco for the month of
September 2i y 0 which are presented,herewith for your review and approval.
:7
Gary D. Crutchfield, 1" ager Rick Terway,Administrative&Community Services Director
We, the undersigned City Council members of the City Council of the City of Pasco, Franklin County,
Washington, do hereby certify that the services represented by the below expenditures have been received
and that payroll voucher No's.41723 through 41854 and EFT deposit No's. 30039885 through 30040437
and City contributions in the aggregate amount of$1,889,047.95 are approved for payment on this
4th day of October 2010.
Councilmember Councilmember
SUMMARY OF PAYROLL BY FUND
GENERAL FUND:
Legislative $ 7,231.34
Judicial 71,131,53
Executive 61,414.40
Police 542,921.39
Fire 278,011.53
Administrative & Community Services 278,849.62
Community Development 73,225.12
Engineering 75,543.46
TOTAL GENERAL FUND 1,388,328.39
CITY STREET 34,916.34
BLOCK GRANT 12,779.19
MARTIN LUTHER KING CENTER 5,619.84
AMBULANCE SERVICE FUND 117,789.06
CEMETERY 10,307.68
ATHLETIC FUND 1,508.95
SENIOR CENTER 12,377.86
STADIUM OPERATIONS 0.00
MULTI-MODAL FACILITY 0.00
BOAT BASIN 0.00
REVOLVING ABATEMENT FUND 0.00
TASK FORCE 0.00
WATER/SEWER 280,709.11
EQUIPMENT RENTAL- OPERATING 24,711.53
GRAND TOTAL ALL FUNDS $ 1,889,047,95
Payroll Summary
Net Payroll 917,979.49
Employee Deductions 548,342.78
Gross Payroll 1,466,322.27
City of Pasco Contributions 422,725.68
Total Payroll $ 1,889,047.95
3(b).2
AGENDA REPORT
FOR: City Council `� September 21, 2010
TO: Gary Crutchfie� Manager Workshop Mtg.: 9/27/10
Re ular Mt .: 10/4/10
g g
FROM: Rick Terwav, Director
Administrative and Community S r
SUBJECT; Benton-Franklin Head Start Lease, MLK Center
I. REFERENCE(S):
A. Proposed Lease Agreement
11. AC'T'ION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
9/27: Discussion
10/4: MOTION: I ;novc to approve the lease with Benton-Franklin Head Start for
tenancy at the Martin Luther King Center and, further, to authorize
the City Manager to sign the lease agreement,
111. FISCAL IMPACT:
Revenue Increase
IV. HISTORY AND FACTS BRIEF:
A) For almost twenty years, Benton-Franklin Head Start has leased space at the
Martin Luther King Center. The current lease agreement expires September 30,
2010. The last lease, entered into in 2000, was a five year lease with the option to
extend an additional five years, which was exercised.
V. DISCUSSION:
A) The proposed lease has been updated by the City Attorney and reflects all current
requirements. This lease is for a five year period with the option to extend an
additional five years. In addition, the rent has increased 2% per annum from the
last five years of the old lease to set the beginning rate for the new lease and the
2% per annum increase is carried forward each year in the terms of the new lease,
Head Start has reviewed the lease and is in agreement with the terms.
B) Staff recommends Council authorize the City Manager to enter into the agreement
on behalf of the City.
3(d)
MARTIN LUTHER KING COMMUNITY CENTER
MUNICIPAL LEASE AGREEMENT
THIS AGREEMENT made on 2010, between the City a Pasco,
a municipal corporation of the State of Washington, located in the County of Franklin,
hereinafter referred to as "Lessor", and Benton-Franklin Head Start, a nonprofit corporation of
the State of Washington, hereinafter referred to as "Lessee", both sometimes referred to as
"Parties."
IN CONSIDERATION of the mutual covenants herein set out, the Parties agree as
follows:
1. Description of Premises. Lessor hereby leases to Lessee approximately 4,800
square feet of space, as shown on the attached Exhibit "A", at the Martin Luther King
Community Center,more specifically described as follows:
The Martin Luther King Community Center located at 205 South Wehe
Street, Pasco, Washington, which is situated in the portion of the NW `/4 of
the SW 1/4, Section 28, T.20N, R30E.W.M.
2. Term. This lease shall commence on October 1, 2010, for a term of sixty (60)
months expiring on September 30, 2015, Lessee shall have the option to renew the lease for
periods of the same duration upon giving written notice to the Lessor of its intent to exercise the
option at least ninety (90) days before expiration of the Iease term and upon agreement between
Lessor and Lessee of the appropriate monthly rent during the renewal term of the lease.
Either part y may terminate this lease prior to the expiration of any lease term by giving
the other party one (1) year advance notice of their intent to terminate the lease.
3. Rent. Lessee shall pay Lessor for the use of the premises the amount of
$2,120.00 per month for the year 2010; $2,162.40 per month for the year 2011; $2,205.65 per
month for the year 2012; $2,249.76 per month for the year 2013; $2,294.76 per month for the
year 2014; and $2,340.66 per month for the year 2015, payable on the first day of each month
and sent to:
City of Pasco
PO Box 293
Pasco WA 99301
There will be a late collection charge of $50.00 for any delinquent rental payment not
delivered to the Lessor on or before the 5t' day of each month during the term of this Agreement,
and shall bear interest at the rate of l % percent per month until paid in full.
Leasehold excise tax is levied pursuant to Chapter 82.29A RCW. The Lessee shall
faithfully pay this tax when due unless Lessee provides the Lessor with proof of exemption from
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the Washington State Department of Revenue, If the leasehold excise tax levy changes during
the term of this Agreement, the tax payable hereunder shall, likewise, be correspondingly
changed.
In the event that the monthly operating costs to the Lessor increase by ten percent (10%)
or more during the term of this lease, the additional operating costs shall be passed onto the
Lessee by an increase in the monthly rental equal to the increase in operating cost. Operating
costs include maintenance services, utilities and other direct out-of-the pocket expenses of the
Lessor for maintenance and operation of the Martin Luther King Community Center facility.
4. Quiet Eifloymeut. lessor covenants and agrees that the Lessee shall lawfully,
peacefully, and quietly hold, occupy and enjoy the leased premises during the term of the lease
without objection or molestation.
5. Use of the Lease Premises. Lessee agrees that the leased premises shall be used
by the Lessee exclusively as a preschool for early childhood education and related activities.
Such use shall conform with applicable City ordinances and State and Federal laws. No other
usage of the building shall be allowed unless prior written consent is obtained from the City
Manager, which shall be granted or not granted at the absolute discretion of the City, it being
understood that it is the purpose of the City to maintain the neighborhood and preserve the
building.
When available; the Lessee may use the playground and gym located on the premises,
such uses to be supervised by Lessee and wholly the responsibility of Lessee. Lessee's use of
the playground and gym shall be coordinated with the Lessor's designee as necessary to allow
Lessee's use of the playground and gym by Lessee when such facilities are not required for
Lessor's purposes, including the recreational programs and activities sponsored by the YMCA at
the Martin Luther King Community Center.
In such event, Lessee shall not discriminate against any person on the basis of race, color,
religion, age, sex, national origin, or physical handicap, and further understands and agrees to
comply with the City's Nondiscrimination in Community Athletics Policy and with the Fair Play
in Community Sports Act.
Lessee agrees to maintain a safe environment for all participants hi such playground or
gym facilities. In the event the Lessee suspects a youth participant has sustained an injury,
including but not limited to concussion or other head injury, the youth participant shall be
removed from participation immediately and the participant's parents or guardians shall be
contacted immediately. In the event of an emergency relating to the health and safety of a
participant, Lessee shall call 911 and report the emergency immediately.
Lessee shall not exceed the posted room occupancy signs posted for fire safety, nor shall
any flammable materials or open flames be permitted within the premises.
6. Acceptance by Lessee. Lessee has inspected and knows the condition of the
premises and accepts the same in their present condition (subject to ordinary wear, tear and
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deterioration in the event the term commences after the date hereof and to the rights of present or
former occupants, if any, to remove movable property), including the interior surfaces of exterior
walls.
7. ,Lessor's Right of Entry. Lessor or Lessor's agent may enter the premises at
reasonable hours to examine the same, to do anything Lessor may be required to do hereunder or
which Lessor may deem necessary for the good of the premises.
8. Maintenance and Improvements h e s e. Lessee shall take good care of the
premises and the equipment and fixtures therein. At the expiration of the term, Lessee shall
surrender the premises broom clean, in as good condition as the reasonable use thereof will
permit. All damage or injury to the leased premises not caused by fire and other casualty, as set
forth in Section 14 hereof, and all damage to glass shall be promptly repaired by the Lessee.
All improvements to the leased premises made by the Lessee shall be first approved by
Lessor. All building repairs, alterations, additions, improvements, installation, equipment and
fixtures, by whomsoever installed or erected (except such business trade fixtures belonging to
Lessee as can be removed without damage to or leaving incomplete the premises or building)
shall belong to Lessor and remain on and be surrendered with the premises as part thereof, at the
expiration of this lease or any extension thereof.
9. Utilities and Custodial Services. Lessor shall furnish and pay for all electricity,
gas, water, fuel, or any services or utilities used in or assessed against the premises, unless
otherwise herein expressly provided. Lessor shall also be responsible for removal of garbage
from the leased premises.
Lessee shall be responsible for charges billed to Lessor for "false alarms" on the premises
security system when such charges are incurred as a result of Lessee's failure to properly disarm
system during use of the premises by Lessee.
Lessee will provide, at its own expense, custodial services for the premises leased herein.
14. Siens and Advertisements. Lessee shall not put upon nor permit to be put upon
any part of the premises, any signs, billboards, or advertisements whatever, without the prior
written approval of the City Manager.
ll. Indmnity/Hold Harmless. Lessee shall defend, indemnify, and hold harmless
the Lessor, its officers, officials, employees and volunteers from and against any and all claims,
suits, actions, or liabilities for injury or death of any person, or for loss or damage to property,
which arises out of Lessee's use of premises, or from the conduct of Lessee's business, or from
any activity, work or thing done, permitted, or suffered by Lessee in or about the premises,
except only such injury or damage as shall have been occasioned by the sole negligence of the
Lessor.
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12. Insurance. The Lessee shall procure and maintain for the duration of the
Agreement; insurance against claims for injuries to persons or damage to property which may
arise from or in connection with the Lessee's operation and use of the leased premises.
A. Minimum Scope of Insurance. Lessee shall obtain insurance of the types
described below:
(1) Commercial General Liability insurance shall be written on
Insurance Services Office (180) occurrence form CG 00 01 and shall cover
premises and contractual liability. Lessor shall be named as an insured on
Lessee's Commercial General Liability insurance polity using ISO Additional
Insured-Managers or Lessors of Premises Form CG 20 11 or a substitute
endorsement providing equivalent coverage.
(2) Property insurance shall be written on an all risk basis.
B. Minimum Amounts of Insurance. Lessee shall maintain the following
insurance limits:
(1) Commercial General Liability insurance shall be written with
limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate.
(2) Property insurance shall be written covering the full value of
Lessee's property and improvements with no coinsurance provisions.
C. Other Insurance Provisions. The insurance policies are to contain, or be
endorsed to contain, the following provisions for Commercial General Liability
insurance:
(1) The Lessee's insurance coverage shall be primarily insurance as
respects the Lessor. Any insurance, self-insurance, or insurance ,pool coverage
maintained by the Lessor shall be excess of the Lessee's insurance and shall not
contribute with it.
(2) The Lessee's insurance shall be endorsed to state that coverage
shall not be cancelled by either party, except after thirty (30) days prior written
notice by certified mail,return receipt requested, has been given to the Lessor.
D. Acceptability of insurers. Insurance is to be placed with insurers with a
current A.M. Best rating of not less than ANIL
L. Verification of Coverage. Lessee shall furnish the Lessor with original
certificates and a copy of the mandatory endorsements, including but not necessarily
limited to the additional insured endorsement, evidencing the insurance requirements of
the Lessee.
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F. Waiver of Subrogation. Lessee and Lessor hereby release and discharge
each other from all claims, losses, and liabilities arising from or caused by any hazard
covered by property insurance on or in connection with the premises or said building.
This release shall apply only to the extent that such claim, loss or liability is covered by
insurance.
G. Lessor's Property Insurance. Lessor shall purchase and maintain during
the term of the lease all-risk property insurance covering the buildings for their full
replacement value without any coinsurance provisions.
Lessee shall comply NNith all insurance regulations so that the lowest fire, lightening,
explosion, extended coverage, and liability insurance rates may be obtained. Nothing shall be
done or kept in or on the premises by Lessee which will cause an increase in the premium for
any such insurance of the premises or on any building of which the premises are apart or on any
contents located therein, over the rate usually obtained for the property use of the premises
permitted by this lease or which will cause cancellation of any such insurance.
In the event the Lessee's use of the premises is responsible for an increase in the
insurance rates on the building of which the premises are a part, then in such event, Lessee
agrees to pay any resulting increase in premiums on such building.
13. Damage to Propery on Premises. Lessee agrees that all property of every kind
and description kept, stored, or placed in or on the premises shall be at Lessee's sole risk and
hazard and that Lessor shall not be responsible for any loss or damage to any of such property
resulting from fire, explosion, water; steam, gas, electricity, or the elements, whether or not
originating in the premises, caused by or from leaks or defects in or breakdown of plumbing,
piping, wiring, hearing, or any other facility, equipment, or fixtures or any other cause or act
except resulting from the gross negligence of Lessor or anyone for whom Lessor may be
responsible.
14. Damage by Cast►alty. In case the leased premises shall be destroyed or shall be
so damaged by fire or other casualty, as to become untenantable, then in such event, at the option
of the Lessor, this lease shall terminate from the date of such damage or destruction and the
Lessee shall immediately surrender such premises and all interest therein to Lessor, and Lessee
shall pay rent only to the time of such surrender. Lessor shall exercise such option to terminate
this lease by notice in writing delivered to Lessee within ten (10) days after such damage or
destruction. In case Lessor shall not elect to terminate this lease, in such event, this lease shall
continue in full force and effect and the Lessor shall repair the leased premises with all
reasonable promptitude, placing the same in as good a condition as they were at the time of the
damage or abate in proportion to the extent and duration of untenantability. In either event
Lessee shall remove all rubbish, debris, merchandise, furniture, equipment, and other personal
property, within ten(10) days after the request of the Lessor. If the leased premises shall be only
slightly ii jured by fire or the elements, so as not to render the same untenantable and unfit by
occupancy, then the Lessor shall repair the same within a reasonable time, and in that case the
rent shall not abate. No compensation or claim shall be trade by or allowed to the Lessee by
\\solo2\acs\agreements\mIk headstaro.20.10.docx
reason of any inconvenience or annoyance arising from the necessity of repairing any portion of
the building or the leased premises, however,the necessity may occur.
15. Public ReMuirements. Lessee shall comply with all laws, orders, ordinances, and
other public requirements now or hereafter affecting the premises or the use thereof, and save
Lessor harmless from expense or damage resulting from failure to do so. The leased premises
are not exempted from compliance with zoning or any other municipal codes or ordinances nor
from any other requirements of law due to title being in the name of the City.
16. Assignment or Sublease. Lessee shall not assign, transfer, or encumber this
lease and shall not sublease the premises or any part thereof or allow any other person to be in
possession thereof without the prior written conserit of the Lessor.
17. Surrender at End of Term. At the expiration of the term of this lease, the
Lessor or his agent shall have the right to enter and take possession of the leased premises, and
the Lessee agrees to deliver the same without process of law. The Lessee shall be liable to
Lessor for any loss or damage, including attorney's fees and court costs incurred, as a result of
Lessee's failure to comply with this obligation.
18. Holdinu Oyer. Any holding over by Lessee after the expiration of the term of
this lease or any extension thereof shall be construed to be a tenancy from month to month at a
monthly rental equal to one hundred percent (100%) of the rent payable during the last month
immediately prior to the expiration of the term and shall be subject to the terms and conditions of
this agreement, Nothing herein set out shall be construed to authorize any such holding over.
19. Default. If default is made in the payment of any installment of rent on the due
date thereof, or if Lessee shall default in the performance of any other agreement (other than
payment of rent) continuously for ten (10) days after written notice thereof, or if the premises be
vacated or abandoned, then in any such event this lease shall terminate, at the option of Lessor,
and Lessor may re-enter the premises and take possession thereof, with or without legal process
being hereby expressly waived, and upon such entry, as aforesaid, this lease shall terminate and
the Lessor may exclude Lessee from the premises, changing the lock on the door or doors if
deemed necessary, without being liable to Lessee for any damages or for prosecution therefor.
Lessor's rights in such event may be enforced by action in unlawful detainer or other proper
legal action, and the Lessee expressly agrees, notwithstanding termination of this lease and re-
entry by the Lessor that the Lessee shall remain liable for a sum equal to the entire rental payable
to the end of the term of this lease and shall pay any loss or deficiency sustained by the Lessor on
account of the premises being let for the remainder of the original term for a less sum than
before. Lessor, as agent for Lessee without notice may re-let the leased premises or any part
thereof for the remainder of the term or for any longer or shorter period as opportunity may offer,
and at such rental as may be obtained and Lessee agrees to pay the difference between a sum
equal to the amount of rent payable during the remainder of the term and the net rent actually
received by the Lessor during the term after deducting all expenses of every kind for repairs,
recovering possession, and re-letting the same, which difference shall accrue and be payable
monthly. All property of the Lessee which is now or may hereafter be at any time during the
terra of this lease in or upon such premises, whether exempt from execution or not, shall be
\\solo2\acs\agreements\mlk headstart9.20.10,docx
bound by and subject to a lien for the payment of the rent herein reserved, and for any damages
arising from any breach by the Lessee of any of the covenants or agreements of this lease to be
performed by Lessee. In the event of default by Lessee in the payment of rent or otherwise,
Lessor may foreclosure such lien and take possession of such property or any part thereof and
sell or cause the same to be sold, at such place as Lessor may elect, at public or private sale, with
or without notice, to the highest bidder for cash, and apply the proceeds of such sale to pay the
costs of taking possession of and selling such property, and then toward the debt and/or damages
as aforesaid. Any excess of the proceeds of the sale over such costs, debt, and/or damages shall
be paid to Lessee. Any such sale shall bar any right of redemption by Lessee.
20. Waiver. The rights and remedies of the Lessor under this lease, as well as those
provided or accorded by law, shall be cumulative, and none shall be exclusive of any other rights
or remedies hereunder or allowed by law. A waiver by Lessor of any breach or breaches, default
or defaults, of Lessee hereunder shall not be deemed or construed to be a continuing waiver of
such breach of default nor as a waiver of or permission, expressed or implied, for any subsequent
breach or default, and it is agreed that the acceptance by Lessor of any installment of rent
subsequent to the date of same should have been paid hereunder, shall in no manner alter or
affect the covenant and obligation of Lessee to pay subsequent installments of rent promptly
upon the due date thereof. No receipt of money by Lessor after the termination in any way of
this lease shall re-instate, continue, or extend the term above demised.
21. Bankruptcy. Neither this lease or any interest therein nor any estate hereby
created shall pass to any trustee or receiver in bankruptcy or to any other receiver or assignee for
the benefit of creditors by operation of law during the term of this lease or any renewal thereof.
22. Encumbrances. Any assignment, transfer or conveyance by Lessee of any
property rights arising out of this lease shall not encumber, alienate, diminish, cloud, or impair in
any way the title ownership and interest of the City in and to such property.
23. Notices. Any notice hereunder shall be sufficient if sent by registered or certified
mail,addressed to Lessee and Lessor at the following:
e see
Benton-Franklin Head Start
1549 Georgia Ave SE Suite B
Richland WA 99352
Lessor
City of Pasco
PO Box 293
Pasco, WA 99301
Receipt of any notice shall be deemed effective three (3) days after deposit of written notice in
the U. S. mails,with proper postage and properly addressed.
\\solo2\acs\agreements\mlk headstart9.20.10.docx
24. Covenants to Run with the Premises. The covenants herein contained shall run
with the premises hereby let and bind the heirs, executors, administrators, assigns, and
successors of the Lessor and Lessee respectively. Consent of Lessor to assignment, and
acceptance of rent from assignee of the Lessee shall not release the Lessee from his obligation to
pay rent and comply with other conditions of this lease.
25. General Provisions. For the purpose of this Agreement, time is of the essence.
In the event of a dispute regarding the enforcement, breach, default or interpretation of this
Agreement, the parties shall first meet in a good faith effort to resolve such dispute. In the event
the dispute cannot be resolved by agreement of the parties, said dispute shall be resolved by
arbitration pursuant to RCW 7.04A, as amended, and the Mandatory Arbitration Rules (MAR);
venue shall be placed in Franklin County, Washington, the laws of the State of Washington shall
apply; and the prevailing party shall be entitled to its reasonable attorney fees and costs.
In the event any provision of this Agreement is deemed to be unenforceable, the other
provisions of the Agreement shall remain in full force and effect.
26. Entire Agreement. This Agreement contains the entire agreement between the
Parties, and no modification of this Agreement shall be binding upon the parties unless evidences
by an agreement in writing signed by the Lessor and the Lessee after the date hereof.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and
year first written above.
CITY OF PASCO BENTON-FRANKLIN HEAD STAR
By: By
Gary Crutchfield, City Manager James Skucy, Executive Director
APPROVED AS TO FORM
By:
Leland B. Kerr, City Attorney
\\so1o2\acs\agreements\m1k headstart9.20.10.docx
STATE OF WASHINGTON )
. ss.
County of Franklin )
On this day personally appeared before me GARY CRUTCHFIELD, City Manager for
the City of Pasco, to be known to be the individual described in and who executed the within and
foregoing instrument, and acknowledged that he signed the same as his free and voluntary act
and deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this day of , 2010.
NOTARY PUBLIC in and for the State of Washington
Residing at:
My Commission Expires:
STATE OF WASHINGTON )
ss.
County of )
On this day personally appeared before me JAMES SKUCY, Executive Director of
Benton-Franklin Head Start, to be known to be the individual described in and who executed the
within and foregoing instrument, and acknowledged that he signed the same as his free and
voluntary act and deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this day of . 2010.
NOTARY PUBLIC in and for the State of Washington
Residing at:
My Commission Expires:
\\so1o2\acs\agreements\mik headstart9.20.10.docx
AGENDA REPORT
FOR: City Council September 28, 2010
TO: Gary Crutchtie 'it anagcr Regular. Mtg.: 10/4/10
Rick White,
Community & ,cononlic Development Director
FROM: David I. McDonald, City Planner
SUBJECT: DEDICATION DEED: Deeds for a portion of the Road 60 and Overton Road
Intersection (MF # MO 10-033
I. REFERENCE(S):
1. Vicinity Map
2. Right-of-Way Dedication Deed from Joseph & Linda Pizzarella
3. Right-of-Way Dedication Deed from Gilbert and Ottilia Humann
I1. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
10/4: MOTION: I move to accept the dedication deeds from the Pizzarellas and
the Humanns for a portion of the Road 60 and Overton Road
Intersection,
III. FISCAL IMPACT
Notre
IV. HISTORY AND FACTS BRIEF:
A. Construction of Road 60 north of Sandifur Parkway is underway. To facilitate that
construction property at the northeast and southeast corner of Road 60 and
Overton Road is needed for the intersection radii.
B. One of the developers responsible for the construction of Road 60 has obtained
right-of-way dedication deeds necessary for the improvements at the corner of
Road 60 and Overton Road.
3(e)
Vicinity
Item: R-O-W Dedication
i
Applicant: Pizarella (
a
Map
Humann
-File #: fNFO 10-033
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low, M&A
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After Recording.Return To:,
City of Pasco, Washington
Attn: City Planner
525 North 3"
Pasco, WA 99301
DEDICATION DEED
Tax Parcel No. 116-192-166
THE GRANTOR(S), Joseph & Linda_ Pizzarella, by donation
pursuant to RCW 35A.79.010, dedicates, conveys and quit claims to the
GRANTEE, THE CITY OF PASCO, a Municipal Corporation of the
State of Washington, for the public use, as a public right-of-way, all
interest in the land described in Exhibit "A" and depicted in Exhibit "B"
attached hereto.
DATED this Z S day of 5 2010.
GRANTORS)
STATE OF WASHINGTON )
ss.
County of Franklin )
On this .:2� day of 12 2010, before me, the
undersign ,d, duly rcommissioned and sworn, personally appeared
to me known to be the individual(s) described above
and who exec tee the within and foregoing instrument as an agent of the
owner(s) of record, and acknowledged to me that he/she/they signed the same as
Dedication Deed- 1
his/her/their free and voluntary act and deed, for the uses and purposes therein
mentioned, and on oath stated that he/she/they is/are authorized to execute the
said instrument.
GIVEN under by hand and official seal this day of
2010. _
Print Name; !" t t
NOTARY PUB n and for the State of Washington
t%% g A, foo Residing at: c—o
% �►P......kz Wi a G,- 1
�0.•Voi y•.O �My Commission Expires: ! —
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Dedication Deed- 2
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DESIGN GROUP
en4ineers I landscape architects j planners I wr+myom
May 05, 2010
EXHIBIT A
RIGHT-OF-WAY DEDICATION(WIDTH VARIES)
A portion of Lot 3, Short Plat 95-02 according to the Short Plat thereof, recorded in
Volume 1 of Short Plats, page 346, Records of Franklin County,Washington lying in a
portion of the Northwest quarter of the Southwest quarter of the Northeast quarter of
Section 10, Township 9 North, Range 29 East, Willamette Meridian, City of Pasco,
Franklin County, Washington, described as follows:
BEGINNING at the Southwest corner of said Lot 3, said point being on the
Northerly right-of-way line of Overton Road at a point 30.00 feet Northerly of the
center line thereof when measured at right angles;
Thence along the Northerly right-of-way line of said Overton Road,North
871149'l 3" East, 18.00 feet;
Thence leaving the Northerly right-of-way line of said Overton Road, North
46°25'37" West, 25.12 feet to Easterly right-of-way line of Road 60, said point
being 30.00 feet Easterly of the center line thereof when measured at right angles;
Thence along the Easterly right-of-way line of said Road 60, South 00 040'37"
East, 18.00 feet to the POINT OF BEGINNING.
Containing: 162 square feet, more or less.
ALSO TOGETHER WITH AND SUBJECT TO easements, reservations, covenants
and restrictions apparent or of record.
v
.k
EXHIBIT "B"
RIGHT-OF-WAY DEDICATION
MAY 05, 2010
Z
O
Ny
! m
H--10.00 UTILITY
! EASEMENT SP 95-02
!
LOT 3
30.00 I SHORT PLAT 9502
R/W (VOL. 1, PG. 346)
i
! R/W DEDICATION
cOO l w I y
0 ri I ?s, 10A0 UTILITY
EASEMENT
o I ? SP 95-02
L - - - - - - - - - - - - - - - - - - -
18.00
N87'49'1 3"E
POB a
OVERTON ROAD
After Recording,Return To:
City of Pasco, Washington
Attn: City Planner
525 North 3rd
Pasco, WA 99301
DEDICATION DEED
Tax Parcel No. 116-192-077
THE GRANTOR(S), Qilbert_—Q�-. & Ottilia C. Humann3 by
donation pursuant to RCW 35A.79.010, dedicates, conveys and quit
claims to the GRANTEE, THE CITY OF PASCO, a Municipal
Corporation of the State of Washington, for the public use, as a public
right-of-way, all interest in the land described in Exhibit "A" and depicted
in Exhibit"B" attached hereto.
DATED this ,�day of ,2010.
R(S)
STATE OF WASHINGTON
ss,
County of Franklin )
On this o�f day of ,�, , `� 2010, before me, the
un ersi ed, 1 duly commissioned and sworn, personally appeared
i i Iw to me known to be the individual(s) described above
and who executed the within and foregoing instrument as an agent of the
owner(s)of record, and acknowledged to me that he/she/they signed the same as
Dedication Deed- l
his/her/their free and voluntary act and deed,for the uses and purposes therein
mentioned, and on oath stated that he/she/they is/are authorized to execute the
said instrument. C�
GIVEN under by hand and official seal this� day of 12t-
2010. °-
a
Print Name: a�..-L 4k
NOTARY PUBgC in and for the State of Washington
Residing at: @ cc.-r>
My Commission Expires: I a CP– D o �^
0011A.i IA.111
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Dedication Deed-2
HD
DESIGN GROUP
engineers I landscape&1CWtects I planners i surveyors
May 05, 2010
EXHIBIT A
RIGHT-OF-WAY DEDICATION(WIDTH VARIES)
A portion of Lot 1, Short Plat 93-11 according to the Short Plat thereof, recorded in
Volume 1 of Short Plats, page 318, Records of Franklin County, Washington lying in a
portion of the Southwest quarter of the Southwest quarter of the Northeast quarter of
Section 10, Township 9 North, Range 29 East,Willamette Meridian, City of Pasco,
Franklin County, Washington,described as follows:
BEGINNING at the Northwest corner of said Lot 1, said point being on the
Southerly right-of-way line of Overton Road at a point 30.00 feet Southerly of the
center line thereof when measured at right angles;
Thence along the Southerly right-of-way line of said Overton Road,North
87"49'13"East, 18.00 feet;
Thence leaving the Southerly right-of-way line of said Overton Road, South
43134'18" West, 25.79 feet to Easterly right-of-way line of Road 60, said point
being 30.00 feet Easterly of the center line thereof when measured at right angles;
Thence along'the Easterly right-of-way line of said Road 60,North 00('40'37"
West, 18.00 feet to the POINT OF BEGINNING.
Containing: 162 square feet, more or less.
ALSO TOGETHER WITH AND SUBJECT TO easements, reservations,covenants
and restrictions apparent or of record,
`VILA
DSRM 7)w zi.-A
oS-c5- • o% 0
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EXHIBIT 11 Blo
RIGHT-OF-WAY DEDICATHM .
MAY 05, 2010
OVERTON ROAD
0 3
o �
� POB
!
N87049'1 3"E
18.00
1 0.00 IfTIUTY i
M �1 EASEMENT
o � SP 93-11
o !
l R/W DEDICATION
a !
LOT 1
SHORT PLAT 93-11
30.00 (VOL. 1, PG. 31 S)
R/W
! ! z
1-� 10.00 U11LITY
I EASEMENT SP 93-11
� a
! m
!
POB=POINT OF BEGINNING
AGENDA REPORT
FOR: City Council { yy Date: September 21, 2010
E
TO: Gary Crutchfiel ager Workshop: 09/27/10
Rick White, Diredtor Regular: 10/04/10
Community & Ecknomie Development
FROM: Angela R. Pitman, Block Grant Administrator
Community & Economic Development Department
SUBJECT: 2011 HOME Fund Allocations and Annual Work Plan (MF#CDBG10-028)
I. REFERENCE(S):
1. Resolution allocating 2011 HOME funds.
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
09/27/10: DISCUSSION
10/04110: MOTION: I move to approve Resolution No. allocating the
estimated 2011 HOME funds.
III. FISCAL IANIPACT
Estimated 5476,000 in Federal HOME funds
IV. HISTORY AND FACTS BRIEF:
A. Pasco entered into a HOME Consortium Agreement with Richland and Kennewick in
1996 making the City eligible for Federal HOME funds. In May, 2010, this
Agreement was renewed through 2013.
B. Currently Pasco's HOME Fund balance for Program Year 2008 through Program
Year 2010 for all projects is $714,816. These funds are allocated as follows:
Current Activities Budget Units
Acquisition &Rehab/Infill Projects $ 171,700.00 2
Owner-occupied Rehabilitation $ 221,115.72 6
Rental Rehabilitation $ 297,000.00 7
First Time Homebuyer Assistance $ 25,000.00 5
$ 714,815.72
C. HOME funds are based on need and income eligibility and may be used anywhere
within the city limits, however, neighborhoods designated as priority by City Council
receive first consideration. Funding is first targeted in the Longfellow and Museum
neighborhoods, then within low-moderate income census tracts (201, 202, 203 and
204). If HOME funds cannot be applied to those areas, then they are used as needed
anywhere within the city limits for the benefit of eligible low-moderate income
families.
V. DISCUSSION.
A. Foreclosed and abandoned properties present particular challenges to neighborhoods.
Foreclosed properties are often in severe disrepair and remain un-purchased after an
extended period of time. These properties usually do not meet HUD minimum
standards and blight the neighborhood. In March, 2010, the City modified the
Neighborhood Stabilization Program (NSP) to allow the acquisition and rehabilitation
of abandoned or foreclosed properties.
B. The City is able to use HOME funds in a similar manner as NSP funds for acquisition
and rehabilitation of foreclosed properties. Once the purchased homes are
3(f)
rehabilitated, the City sells the properties to eligible buyers. "Program Income" (the
proceeds of the sale) can then be used for future down payment assistance or
rehabilitation activities.
C. It is estimated that approximately $216,000 from the 2011 Entitlement and $260,000
from Program Inwrne from the sale of two acquisition and rehabilitation projects and
other activities will be available for affordable housing projects. Staff proposes
estimated funds totaling$476,000 be allocated as follows:
Proposed ActiAties Budget Units
Acquisition& Rehab/Infill Projects $ 275,000.00 2-3
Owner-occupied Rehabilitation $ 115,000.00 3
First Time Homebuyer Assistance $ 60.000.00 l2
Administration from PI $ 26,000.00
$ 476,000.00
D. The Owner-Occupied Rehabilitation and First Time Homebuyer Assistance activities
are a continuation of the existing HOME program. Staff is optimistic that adding
Acquisition and Rehabilitation of foreclosed properties as an activity will provide a
rapid and significant contribution to neighborhoods.
RESOLUTION NO. 3t;l 4P
A RESOLUTION ALLOCATING ESTIMATED 2011 FEDERAL HOME FUNDS.
WHEREAS, the City of Pasco entered into an Agreement with Kennewick and Richland
in 2007 continuing participation in a Consortium originally formed in 1996 under the Home
Investments Partnership (HOME) Program; and
WHEREAS, the Consortium allows the three cities to be eligible for federal HOME
funds; and
WHEREAS, the City has established a Community Housing Improvement Program
(CHIP); and
WHEREAS, it is estimated in 2011, the City of Pasco will receive $216,000 federal
HOME Entitlement Funds plus $260,000 in Program Income for a total estimated available of
$476,000 NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO:
Section 1. 2011 HOME funds received by the City of Pasco shall be allocated to the
Community Housing Improvement Program (CHIP) operate city-wide. Priority will be given to
neighborhood improvement areas and low-moderate income census tracts as needed for the
following activities below:
Estimated
Activity Units Amount
HOME Administration $ 26,000.00
First Time Homebuyer's Program 12 $ 60,000.00
Acquisition &Rehabilitation Prograin 2-3 $ 275,000.00
Owner-occupied Rehabilitation 3 S 115,000.00
TOTAL ALLOCATED 15 S 476,000.00
PASSED by the City Council of the City of Pasco this day of , 2010.
CITY OF PASCO:
Matt Watkins
Mayor
ATTEST: APPROVED AS TO FORM:
Debra L. Clark Leland B. Kerr
CMC City Clerk City Attorney
AGENDA REPORT
FOR: City Council September 28, 2010
1
TO: Gary Crutchli Manager Regular Mtg.: 10/4/10
Rick White,
Community & Economic Development Director
FROM; David 1, McDonald, City Planner
SUBJECT: PRELIMINARY PLAT: Sahara Estates Sahara Drive East of Road 44 (Larry
Seaman) (MF9 PP 10-002)
I. REF'FRENCE(5):
1. Overview and Vicinity Maps
2. Proposed Resolution
3. Preliminary Plat (Council packets only; copies available for public review in. the
Planning office, the Pasco Library or on the city's webpage at http://www.pasco-
wa.gov/webappfcitycouncilreports).
4. Report to the Planning Commission
5. Planning Commission Minutes: Dated 8.119/10 & 9/16/10
11. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
10/4: MOTION: 1 move to approve Resolution No.3;AM approving the
Preliminary Plat for Sahara Estates.
Ill. FISCAL IMPACT:
NONE
IV. HISTORY AND FACTS BRIEF:
A. On August 19, 2010, the Planning Commission conducted a public hearing to
develop a recommendation for the City Council on the Preliminary Plat for Sahara
Estates. Sahara Estates is a proposed 14-lot subdivision located on Sahara Drive
east of Road 44.
B. following the conduct of a public hearing, the Planning Commission determined
that with conditions related to sewer service and other infrastructure needs, the
preliminary plat could be recommended for approval. The recommended
conditions are contained in the attached resolution.
C. No written appeal of the Planning Commission's recommenda#ion has been
received.
3(g)
Item: Prelim Overview Applicant: Plat Sahara I
Larry Seaman 1 �j
Map . . � � 1 11 /-d
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Item: Prelim Vicinity
Plat Sahara
Ap I La Seaman
Map 1 . . 0-002
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Reference# 2 - Proposed Resolution
RESOLUTION NO. Sal
A RESOLUTION APPROVING A PRELIMINARY PLAT FOR
SAHARA ESTATES
WHEREAS, RCW 58.17 enables the City to uniformly administer the process of
subdividing property for the overall welfare of the community; and,
WHEREAS, owners and developers of property situated in the northeast quarter of Section
14, Township 9 North, Range 29 East, W.M., have requested approval of a preliminary plat; and,
WHEREAS, the Planning Commission has reviewed said preliminary plat which is named
Sahara Estates; and,
WHEREAS, following a public hearing, the Planning Commission found the proposed
plat promoted the general welfare of the community and recommended said preliminary plat be
approved with conditions; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO:
'That the preliminary plat for Sahara Estates, located in the northeast quarter of Section 14,
Township 9 North, Range 29 East W.M., is hereby approved with the following conditions:
1) At the time lots are developed, all abutting roads and utilities shall he developed to City
standards as approved by the City Engineer. This includes, but is not limited to, water,
irrigation and sewer lines, streets; street lights and storm water retention. Sidewalks must be
installed no later than the time each lot is developed with a house. The handicapped
accessible pedestrian ramps must be completed with the street and curb improvements prior
to final plat approval. All existing and proposed utilities must be installed underground by
the developer at the developer's expense.
2) Sahara Drive shall be built to the City of Pasco's Local Access Street Standard including the
intersection with Horizon Drive. The existing temporary turnaround shall be removed and
the new street section placed. Any broken or damaged curb, gutter or sidewalk adjacent to
the new subdivision shall be replaced.
3) The developer/builder shall pay the "traffic mitigation fee" established by ordinance at the
time of issuance of building permits for homes. Fees collected shall be placed in a fund and
used to finance signalization and other improvements necessary to mitigate traffic impacts on
the circulation system within the 1-182 corridor.
4) All corner lots and other lots that present difficulties for the placement of yard fencing shall
be identified in the notes on the face of the final plat(s).
5) No utility vaults,pedestals or other obstructions will be allowed at street intersections.
6) The developer/builder shall pay the City a "common area maintenance fee" of $250 per lot
upon issuance of building permits for homes. These fiends shall be placed in a fund and used
to finance the maintenance of lands along Burden Boulevard.
7) All storm water is to be disposed of per City and State codes and requirements.
I
8) The developer shall insure active and ongoing dust, weed and litter abatement activities occur
during the construction of the subdivision and construction of the houses thereon.
9) The developer shall be responsible for the creation of record drawings. All record drawings
shall be created in accordance with the requirements detailed in the Record Drawing
Requirements and Procedure form provided by the Engineering Department. This form shall
be signed by the developer prior to plan approval.
10) Four-inch PVC irrigation mainlines shall be installed on either side of Sahara Drive to
service every Jot within the plat pursuant to PMC 26.04.116.
11) The Final plat shall contain the following statement: "Irrigation service lines are currently
available to lots within this plat; however, water for the irrigation system may not currently
be available. The City of Pasco is constructing its irrigation infrastructure on an ongoing
basis. The use of the system will become available as time and resources permit the
expansion and connection of new systems to the existing irrigation supply."
12) Any and all utilities shall be located as directed by the City Engineer. This shall include but,
is not limited to gas,phone, power, cable and all other utilities located within or adjoining the
plat. Any existing utilities that present difficulties shall be relocated at the developer's
expense, pursuant to the City Engineer's direction. All utility plans, including the above
mentioned, are required to be submitted to the City of Pasco prior to subdivision approval.
13) There is a 16" water transmission main through the plat. This main is not to be used to
service the lots within the plat The 8" water line stubbed into the plat from Sahara Drive
shall be extended to connect with the stub from Horizon Drive.
14) The developer shall be responsible for all costs associated with construction inspection and
plan review service expenses incurred by the City of Pasco Engineering Department.
15) All engineering designs for infrastructure and final plat drawings shall utilize the published
City of Pasco Vertical Control Datum and shall be identified on each such submittal.
16) The final plat shall contain 10-foot utility easements parallel to all streets. An additional
easement shall be provided as needed by the Franklin County PUD. All other easement
widths are to be as directed by the City Engineer.
17) The final plat shall contain the following Franklin County Public Utility District statement:
"The individual or company making improvements on a lot or lots of this plat is responsible
for providing and installing all trench, conduit, primary vaults, secondary junction boxes, and
backfili for the PUD's primary and secondary distribution system in accordance with PUD
specifications; said individual or company will make frill advance payment of line extension
fees and will provide all necessary utility easements prior to PUD construction and/or
connection of any electrical service to or within the plat."
18) Water rights shall be assigned to the City, if no water rights exist, the developer is required to
pay a fee of $1,500 an acre to the City of Pasco prior to acceptance of any subdivision
construction plans.
19) Street lighting will be installed to the City of Pasco/Franklin County PUD standards and as
directed by the City Engineer. Residential street lights are typically installed every 300 feet
and collector/arterial type streets lights are typically installed every 150 feet.
20) Prior to the City of Pasco accepting construction plans for review the developer must enter
into a Storm Water Maintenance Agreement with the City. The dcveloper will be responsible
for obtaining the signatures of all parties required on the agreement and to have the
2
agreement recorded with the Franklin County Auditor. The original signed and recorded
copy of the agreement must be presented to the City of Pasco at the first intake meeting for
construction plans for each phase of development.
21) The developer will be required to conform to all conditions set forth in the Storm Water
Maintenance Agreement including, but not limited to, regular cleaning and maintenance of
all streets, gutters, catch basins and catch basin protection systems. Cleaning shall occur on a
regular basis to ensure that no excess build up of sand, trash, grass clippings, weeds or other
debris occurs in any portion of the streets, gutters, or storm water collection facilities.
Cleaning and upkeep of the streets, gutters, and storm water collection facilities must be to
the satisfaction of the City Engineer. The developer will be responsible for operating and
maintaining the storm drain system in accordance with the Storm Water Maintenance
Agreement for a period of up to live years from the date of final plat approval for each phase
or until the system is accepted by the City of Pasco. The City of Pasco's acceptance of
construction plans for subsequent phases of the subdivision will be contingent upon the
developer satisfying all requirements of the Storm Water Maintenance Agreement.
22) The developer will be required to comply with the City of Pasco Civil Plan Review process.
A copy of the requirements for the Civil Plan Review process is available from the City of
Pasco Engineering Department,
23) A revised preliminary plat incorporating all plat approval conditions shall be submitted to the
City of Pasco Engineering Department prior to the submittal of any subdivision construction
plans.
Passed by the City Council of the City of Pasco this 4`h day of October, 2010.
Matt Watkins, Mayor
ATTEST: APPROVED AS TO FORM:
Debra L. Clark, City Clerk Leland B. Kerr, City Attorney
3
Reference # 4 - Report
to the Planning Commission
REPORT TO PLANNING COMMISSION
MASTER FILE NO: PP 10-002 APPLICANT: Larry Seaman
HEARING DATE: 8/ 19/ 10 508 East 15t Ave.
ACTION DATE: 9/ 161110 Kennewick, WA 99336
BACKGROUND
REQUEST: Preliminary Plat: Sahara Estates, 14-Lots
1 , PROPERTY DESCRIPTION:
Legal: A portion of the northwest 1/4 of the northeast 1/4 of Section 14,
Township 9 North, Range 29 East W.M. identified as Tract "B" in the
Survey under Auditors File # 16165077
General Location: Sahara Drive between Horizon Drive and Road 44.
Property- Size: 4,45 Acres
Number of Lots Proposed: 14 single-family lots
Square Footage Range of Lots: 10,000 ft2 to 11,410 ft2
Average Lot Square Footage- 10,525 ft2
2. ACCESS: The property has access from Horizon Drive and Road 44,
3. UTILITIES: Municipal sewer already exists on the site. Water service
will need to be extended through the site from the east and west.
4. LAND USE AND ZONING: The site is zoned R-S-1 (Suburban
Residential) Surrounding properties are zoned and developed as follows:
NORTH: R-S-1 - Single Family Residences
SOUTH: R-S-1 - Single Family Residences
EAST: R-S-1 - McGee Elementary School
WEST R-S-1 - Single Family Residences
5, COMPREHENSIVE PLAN: The Comprehensive Plan indicates the site is
intended for Low-Density Residential development. According to the
Comprehensive Plan Low-Density Residential means two to five dwelling
units per acre. The criteria for allocation under the future land use
section of Volume II of the Comprehensive Plan (Vol. II, page 17)
encourages development of lands designated for residential uses when or
where: sewer is available, land is suitable for home sites, and when there
is a market demand. Policy H-1-E encourages the advancement of home
ownership and Goal H-2 suggests the City strive to maintain a variety of
housing options for residents of the community. Goal LU-2 encourages
the maintenance of established neighborhoods and the creation of new
neighborhoods that are safe and enjoyable places to live.
6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead
agency for this project. Based on the SEPA checklist, the adopted City
Comprehensive Plan, City development regulations, and other
information, a threshold determination resulting in a Determination of
Non-Significance (DNS) has been issued for this project under WAC 197-
11-158.
ANALYSIS
The City's land use plans for the last. 28 years have indicated the property in
question should be utilized for low-density residential development. The site
was originally included in the development plan that was approved for the
Desert Plateau subdivision in the late 1970's. While the remainder of the
Desert Plateau neighborhood developed, the site in question remained vacant.
The applicant is proposing to subdivide the site in question into 14 single-
family lots. The plan calls for the connection of Sahara Drive between Road 44
and Horizon Drive. The proposed lot sizes will conform to the R-S-1 zoning and
existing lots within the neighborhood.
LOT LAYOUT: The proposed plat contains 14 lots; with the lots varying in size
from 10,000 square feet to over 11,000 square feet consistent with the site and
neighborhood zoning.
RIGHTS-OF-WAY: All lots have adequate frontage on streets that will be
dedicated.
UTILITIES: The developer will be responsible for extending a water line and
other utilities into the plat. A utility easement will be needed along the first 10
feet of street frontage of all lots. The final location and width of the easements
will be determined during the engineering design phase. The front yard
setbacks for construction purposes are larger than the requested easements;
therefore the front yard easements will not encroach upon the buildable
portions of the lots.
The City Engineer will determine the specific placement of fire hydrants and
streetlights when construction plans are submitted. As a general rule, fire
hydrants are located at street intersections and at a maximum of 500-foot
intervals and streetlights are located at street intersections and at 300-foot
intervals on residential streets.
STREET NAMES: The only street in the proposed plat is a continuation of
Sahara Drive.
2
IRRIGATION: The municipal code requires the installation of irrigation lines
as a part of infrastructure improvements.
WATER RIGHTS: The assignment of water rights is a requirement for
subdivision approval. Where no water rights exists the developer is required to
pay a fee of $1,500 an acre.
FINDINGS OF FACT
State law (RCW 58.17.010) and the Pasco Municipal Code require the Planning
Commission to develop Findings of Fact as to how this proposed subdivision
will protect and enhance the health, safety and general welfare of the
community. The following is a listing of proposed "Findings of Fact":
Prevent Overcrowding: Minimum lot sizes of 10,000 square feet or greater will
address the overcrowding concern by providing manageable lots and usable
open spaces. The Comprehensive Plan suggests the property in question be
developed with two to five dwelling units per acre. The proposed plat has a
density of about 3.1 units per acre. No more than 40 percent of each lot can be
covered with structures per R-S-1 zoning standards.
Parks Opens Space/Schools: A city park/school playground is located
directly to the east across Horizon Drive. The preliminary plat was submitted
to the School District for review. No comments were received from the School
District. The School Distinct is in the process of planning for a new elementary
school on Road 60 and a new middle school at the north end of Road 52 Both
schools have been granted a special permit.
Effective Land Use/Orderly Development: The plat is laid out for low density
residential development as identified in the Comprehensive Plan. The
maximum density permitted under the Comprehensive Plan is five dwelling
units per acre. The proposed development with about three dwelling units per
acre is an orderly continuation of the existing residential subdivisions
surrounding the site.
Safe Travel & Walking Conditions: The plat is connected to Horizon Drive,
and Road 44. Sidewalks will be installed on either side of Sahara Drive.
Sidewalks will be installed at the time homes are built on individual lots.
Adequate Provision of Municipal Services: All lots within the plat will be
provided with water, sewer and other utilities.
Provision of Housing for State Residents: This preliminary plat contains 14
residential building lots to provide new housing sites for Pasco residents.
3
Adequate Air and Light: The lot sizes and maximum lot coverage limitations
will assure that adequate movement of air and light is available to each lot.
Proper Access & Travel: The one street through the plat will be paved and
developed to city standards to assure that proper access is maintained to each
lot. Connections to the community will be provided by Road 44, and Horizon
Drive. The preliminary plat was submitted to the Transit Authority for review.
(The discussion under "Safe Travel" above applies to this section also.)
Comprehensive Plan Policies & Maps: The Comprehensive Plan designates
the plat site for Low-Density Residential development. Policies of the
Comprehensive Plan encourage the advancement of home ownership and
suggest the City strive to maintain a variety of housing for residents.
Other Findings: (list additional findings as appropriate)
• The site is within the Pasco Urban Growth Boundary,
• The State Growth Management Act requires urban growth and urban
densities to occur within the Urban Growth Boundaries.
• Comprehensive Plans for the past three decades have set the site aside
for low density residential development.
• Low-Density Development is described in the Comprehensive Plan as two
to five dwelling units per acre.
• The site is zoned R-S-1 (Suburban Residential).
• The proposed plat was part of the original development plan for the
Desert Plateau neighborhood of the late 1970's that identified future
streets for the neighborhood.
• The Housing Element of the Comprehensive Plan encourages the
advancement of programs that promote home ownership and
development of a variety of residential densities and housing types.
• The Transportation Element of the Comprehensive Plan encourages the
interconnection of neighborhood streets to provide for the disbursement
of traffic.
• The interconnection of neighborhood streets is necessary for utility
connections (looping) and the provision of emergency services.
• Sahara Drive has been partially constructed east of Road 44.
• There is no dedicated cul de sac on the east end of Sahara Drive.
• Dedicated cul de sacs are provided on the ends of streets where they are
not planned to be extended in the future.
• The School District has purchased sites for future schools at the
northwest corner of Road 60 and Sandifur Parkway (elementary school)
and at the end of Road 52 (middle school).
4
• All properties surrounding the site have been developed.
• A sewer line is located along the future extension of Sahara Drive.
• An 8-inch water line was stubbed out at the east end of Sahara Drive
and on Horizon Drive during past development in anticipation of the
future extension of Sahara Drive.
CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT
Before recommending approval or denial of the proposed plat the Planning
Commission must develop findings of fact from which to draw its conclusion
(P.M.C. 26,24,070) therefrom as to whether or not:
(1) Adequate provisions are made for the public health, safety and
general welfare and for open spaces, drainage ways, streets, alleys,
other public ways, water supplies, sanitary wastes, parks,
playgrounds, transit stops, schools and school grounds, sidewalks for
safe walking conditions for students and other public needs;
The proposed plat will be required to develop under the standards of the
Municipal Code and the standard specifications of the City Engineering Division.
These standards for streets, sidewalks, and other infrastructure improvements
were designed to ensure the public health safety and general welfare of the
community are secured. These standards include provisions for streets,
drainage, water and sewer service and the provision for dedication of park
lands. This preliminary plat has been forwarded to the Franklin County PUD, the
Pasco School District and Ben-Franklin Transit Authority for review and
comment, A city park and school playground are located on Horizon Drive
directly east of the proposed plat. Two new school sites are located to the
northwest on Road 60 and Road 52.
(2) The proposed subdivision contributes to the orderly development and
land use patterns in the area;
The proposed plat makes efficient use of vacant Iand and will provide for the
looping of utilities and interconnectivity of streets as supported in the
Comprehensive Plan. Sahara Drive was originally planned to extend from. Road
44 eastward to Horizon Drive. The proposed subdivision will complete that
connection.
(3) The proposed subdivision conforms to the policies, maps and
narrative text of the Comprehensive Plan;
The Comprehensive Plan land use map designates the site for Low-Density
Residential development. Low density development is described as two to five
single family units per acre in the text of the Comprehensive Plan. The Housing
5
Element of the Plan encourages the promotion of a variety of residential densities
and suggests the community should support the advancement of programs
encouraging home ownership. The Transportation Element of the Plan suggests
major streets should be beautified with trees and Iandscaping. The Plan also
encourages the interconnection of local streets for inter-neighborhood travel for
public safety as well as providing for traffic disbursement.
(4) The proposed subdivision conforms to the general purposes of any
applicable policies or plans which have been adopted by the City
Council;
Development plans and policies have been adopted by the City Council in the
farm of the Comprehensive Plan. The proposed subdivision conforms to the
policies, maps and narrative text of the Plan as noted in number three above.
(5) The proposed subdivision conforms to the general purposes of the
subdivision regulations.
The general purposes of the subdivision regulations have been enumerated and
discussed in the staff analysis and findings of fact. The findings of fact indicate
the subdivision is in conformance with the general purposes of the subdivision
regulations.
(6) The public use and interest will be served by approval of the proposed
subdivision,
The proposed plat, if approved, will be developed in accordance with all City
standards designed to insure the health, safety and general welfare of the
community are met. The Comprehensive Plan will be implemented through
development of this plat. These factors will insure the public use and interest are
served.
PLAT APPROVAL CONDITIONS
1. At the time lots are developed, all abutting roads and utilities shall be
developed to City standards as approved by the City Engineer. This
includes, but is not limited to, water, irrigation and sewer lines, streets,
street lights and storm water retention. Sidewalks must be installed no
later than the time each lot is developed with a house. The handicapped
accessible pedestrian ramps must be completed with the street and curb
improvements prior to final plat approval. All existing and proposed utilities
must be installed underground by the developer at the developer's expense.
2. Sahara Drive shall be built to the City of Pasco's Local Access Street
Standard including the intersection with Horizon Drive. The existing
temporary turn around shall be removed and the new street section placed.
6
Any broken or damaged curb, gutter or sidewalk adjacent to the new
subdivision shall be replaced.
3. The developer/builder shall pay the "traffic mitigation fee" established by
ordinance at the time of issuance of building permits for homes. Fees
collected shall be placed in a fund and used to finance signalization and
other improvements necessary to mitigate traffic impacts on the circulation
system within the I-182 corridor.
4. All corner lots and other lots that present difficulties for the placement of
yard fencing shall be identified in the notes on the face of the final plat(s).
5. No utility vaults, pedestals or other obstructions will be allowed at street
intersections.
6. The developer/builder shall pay the City a "common area maintenance fee"
of $250 per lot upon issuance of building permits for homes. These funds
shall be placed in a fund and used to finance the maintenance of lands
along Burden Boulevard.
7. All storm water is to be disposed of per city and state codes and
requirements.
8. The developer shall insure active and ongoing dust, weed and litter
abatement activities occur during the construction of the subdivision and
construction of the houses thereon.
9. The developer shall be responsible for the creation of record drawings. All
record drawings shall be created in accordance with the requirements
detailed in the Record Drawing Requirements and Procedure form provided
by the engineering department. This form shall be signed by the developer
prior to plan approval_
10. 4" PVC Irrigation mainlines shall be installed on either side of Sahara Drive
to service every lot within the plat pursuant to PMC 26.04.116.
11. The final plat shall contain the following statement: "Irrigation service lines
are currently available to lots within this plat; however, water for the
irrigation system may not currently be available. The City of Pasco is
constructing its irrigation infrastructure on an ongoing basis. The use of
the system will become available as time and resources permit the
expansion and connection of new systems to the existing irrigation supply."
12. Any and all utilities shall be located as directed by the City Engineer. This
shall include but, is not limited to gas, phone, power, cable and all other
utilities located within or adjoining the plat. Any existing utilities thaL
present difficulties shall be relocated at the developer's expense, pursuant to
the City Engineer's direction. All utility plans, including the above
mentioned, are required to be submitted to the City of Pasco prior to
subdivision approval.
13. There is a 16" water transmission main through the plat. This main is not
to be used to service the lots within the plat. The 8" water line stubbed into
7
the plat from Sahara Drive shall be extended to connect with the stub from
Horizon Drive.
14. The developer shall be responsible for all costs associated with construction
inspection and plan review service expenses incurred by the City of Pasco
Engineering Department,
15. All engineering designs for infrastructure and final plat drawings shall
utilize the published City of Pasco Vertical Control Datum and shall be
identified on each such submittal.
16. The final plat shall contain 10-foot utility easements parallel to all streets.
An additional easement shall be provided as needed by the Franklin County
PUD. All other easement widths are to be as directed by the City Engineer.
17. The final plat shall contain the following Franklin County Public Utility
District statement: "The individual or company making improvements on a
lot or lots of this plat is responsible for providing and installing all trench,
conduit, primary vaults, secondary junction boxes, and backfill for the
PUD's primary and secondary distribution system in accordance with PUD
specifications; said individual or company will make full advance payment
of line extension fees and will provide all necessary utility easements prior
to PUD construction and/or connection of any electrical service to or within
the plat."
18. Water rights shall be assigned to the City, if no water rights exist, the
developer is required to pay a fee of $1,500 an acre to the City of Pasco prior
to acceptance of any subdivision construction plans.
19, Street lighting will be installed to the City of Pasco/Franklin County PUD
standards and as directed by the City Engineer. Residential street lights are
typically installed every 300 feet and collector/arterial type streets lights are
typically installed every 150 feet.
20. Prior to the City of Pasco accepting construction plans for review the
developer must enter into a Storm Water Maintenance Agreement with the
City. The developer will be responsible for obtaining the signatures of all
parties required on the agreement and to have the agreement recorded with
the Franklin County Auditor, The original signed and recorded copy of the
agreement must be presented to the City of Pasco at the first intake meeting
for construction plans for each phase of development.
21 . The developer will be required to conform to all conditions set forth in the
Storm Water Maintenance Agreement including, but not limited to, regular
cleaning and maintenance of all streets, gutters, catch basins and catch
basin protection systems. Cleaning shall occur on a regular basis to ensure
that no excess build up of sand, trash, grass clippings, weeds or other
debris occurs in any portion of the streets, gutters, or storm water collection
facilities. Cleaning and upkeep of the streets, gutters, and storm water
collection facilities must be to the satisfaction of the City Engineer. The
developer will be responsible for operating and maintaining the storm drain
system in accordance with the Storm Water Maintenance Agreement for a
8
period of up to five years from the date of final plat approval for each phase
or until the system is accepted by the City of Pasco. The City of Pasco's
acceptance of construction plans for subsequent phases of the subdivision
will be contingent upon the developer satisfying all requirements of the
Storm. dater Maintenance Agreement.
22. The developer will be required to comply with the City of Pasco Civil Plan
Review process. A copy of the requirements for the Civil Plan Review process
is available from the City of Pasco Engineering Department,
23. A revised Preliminary Plat incorporating all plat approval conditions shall be
submitted to the City of Pasco Engineering Department prior to the
submittal of any subdivision construction plans.
RECOMMENDATION
MOTION for Findings of Fact: I move to adopt findings of fact
and conclusions as contained in the September 16, 2010 staff report.
MOTION for Recommendation: I move based on the findings of
fact and conclusions, as adopted, that the Planning Commission
recommend City Council approve a preliminary plat for Sahara
Estates with the conditions as listed in the September 16, 2010 staff
report-
9
Item Prelim ,i ! Sahara I
Applicant: Seaman
Map File . P 10-00
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Item: Prelim Vicinity Plat Sahara Estates
A -plica Larry Seaman 7
• � File
PP 10-002 N
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Land Item: Prelim Plat - Sahara Estates
Use N Applicant: Larry Seaman
Ma File #: PP 10-002
SIROCCO DR
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SFDU'sCT
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SITE � o
W
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HILLTOP DR
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SFDU's o Park
__
DESERT PL
Zoning Item: Prelim Plat - Sahara Estates
Map Applicant: Larry Seaman N
File #: PP 10-002
SIROCCO DR
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Di Ce,T r
E
R-S-1
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SITE 01
0
HILLTOP DR
RMSM1 o R-S-1
� 1 0
DESERT PL
Reference # 5 - Planning Commission
Minutes dated 8119110
PLANNING COMMISSION MINUTES
August 19, 2010
A. PRELIMINARY PLAT Preliminary Plat_rragproval for a 14-lot
subdivision located on Sahara Drive between
Road 44 and Horizon Drive (Larry Seaman)
(MF# PP10-002)
Chairman Cruz read the master file number and asked for comments from
staff.
Mr. McDonald stated the application was for a 14-lot subdivision. Mr.
McDonald explained that the Desert Plateau, River View Heights neighborhood
was designed and was laid out in 1978. Over the years that initial plan has
been followed as the area has completely developed with the exception of
Sahara Drive between Road 44 and Horizon Drive. The Comprehensive Plan
was discussed along with the items contained within the written report.
Fred Tausch, 4211 Hilltop Drive, stated he was concerned about dust control,
grading of' the property, the lot sizes and sizes of the houses proposed, as well
as any work restriction. hours.
Mr. White stated the City has a condition related to dust control included in
the approval conditions; the City also has an on-call service available to water a
site in need of dust control. Grading plans are submitted prior to the building
permit being issued to address any structural issues or problems associated
with the soil and changing grade in the area.
Mr. Tausch was concerned with the 3-foot difference between his lot and the
next.
Mr. White stated the City requires a transition so there are no issues with
retaining walls. Work hours are not addressed with the zoning or municipal
codes; however there is a noise ordinance that addresses levels of noise. There
are different levels depending on what time of the day it occurs. Noise levels
between 10 p.m. to 7:00 a.m. cannot exceed 45 decibels.
Chairman Cruz mentioned the Code Enforcement Board addresses issues such
as noise violations.
George Dockstader, 4951 Selph Landing Road, stated he understands the
concerns brought up and this was the last section to develop in the area. The
prices for homes built will be in the range of $210,000 to $250,000 which
accommodates the existing neighborhood.
Chairman Cruz called for public comment and after three calls, the hearing
was closed.
Commissioner Neuenschwander asked about the approval condition dealing
with irrigation and further questioned if there would be a requirement for the
applicant to use irrigation water once available,
Mr. McDonald stated they will not be required to connect at this time; the
developer will be responsible to install dry irrigation lines even though there is
no irrigation water available.
Commissioner Lukins moved, seconded by Commissioner Anderson, to close
the hearing on the proposed preliminary plat and initiate deliberations and
schedule adopt:-on of findings of fact, conclusions and a recommendation to the
City Council for the September 16, 2010 meeting. The motion passed
unanimously.
Reference # 5 - Planning Commission
Minutes dated 9/15/10
PLANNING COMMISSION MINUTES
September 16, 2010
A. PRELIMINARY PLAT Preliminary Plat, approval for a 14-lot
subdivision located on Sahara Drive between
Road 44 and Horizon Drive (Larry Seaman)
(MF# PP 10-0021
Vice-Chairwoman Kempf read the master file number and asked staff for
comments.
Staff had no further comments.
Commissioner Hay moved, seconded by Commissioner Anderson, to adopt the
findings of fact and conclusions as contained in the September 16, 2010 staff
report. The motion passed unanimously.
Commissioner Hay further moved, seconded by Commissioner Anderson, based
on the findings of fact and conclusions, as adopted, that the Planning
Commission recommend City Council approve the preliminary plat for Sahara
Estates with the conditions as listed in the September 16, 2010 staff report.
The motion passed unanimously.
AGENDA REPORT
FOR: City Council September 28, 2010
TO: Gary Crutchfie y Manager Regular Mtg.: 10/4/10
Rick White,
Community&lonornic Development Director
FROM: David 1. McDonald, City Planner
SUBJECT: STREET VACATION (MF# VA.0 10-006 A portion of Holden Street and Front
Avenue Oxarc
1. REFERENCE(S).-
1. Vicinity Map
Ii. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Conduct Public I•Iearing:
10/4: MOTION: I move to continue the public hearing on the Holden Street and
Front Avenue vacation petition until 7:00 P.M., Monday,
October 18, 2010.
111. FISCAL IMPACT:
NONE
IN7. 144STORY AND FACTS BRIEF:
A. The two property owners adjoining the western end of Hoiden Street submitted a
petition to vacate all of Holden Street lying west of Main Avenue and the entire
unvacated portion of Front Avenue at the western end of Holden Street.
B. The Council set October 4, 2010, as the date to consider the vacation.
V. DISCUSSION:
A. As a part of the vacation process the petitioners will need to revise the location of
utilities and road improvements. The property owner that will be responsible for a
majority of the revisions is unavailable to meet with staff until after the hearing
date. Without the property owner knowing the full extent of his responsibilities
associated with the proposed vacation, staff is recommending the hearing be
continued for two weeks.
B. Because the public notice provided for a hearing on October 4, 2010, the hearing
wilt need to be opened and then continued until October 18, 2010.
7(a)
Vicinity Item: Vacation - Holden St/Front Ave
Map Applicant: Oxarc N File #: VAC 10-006
IN
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AGENDA REPORT
TO: City Council September 29, 2010
FROM: Gary Crutchfi i Manager Regular Mtg.: 10/4110
SUBJECT: Initiatives I 10 nd 1105
I. REFERENCE(S):
1. AWC Fact Sheet Regarding Initiatives 1100 and 1105
2. Graph/Table, Liquor Tax/Profit Receipts, Pasco, 2004-2010
3. Memorandum from Chief Austin to City Manager
4. Email message froth Stefan Sharkansky to City Manager
5. Proposed Resolution
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
10/4 MOTION: I move to approve Resolution No. , encouraging Pasco
citizens to become informed about the effects of Initiatives 1100
and 1105, concerning the privatization of liquor sales within the
state of Washington.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
A) The state of Washington has long operated a monopolized liquor sales and
distribution system. Cities receive a portion of the state's liquor excise tax and
liquor profits (see reference 41). As Pasco's population has grown over the past
decade, so has Pasco's share of the state's tax and profit distributions (see
reference #2). According to current state estimates, Pasco should receive
approximately $735,000 in liquor tax/profit distributions this year.
B) Because the 2010 distribution estimate reflects a "temporary" increase in liquor
rates imposed by the legislature through June 2011, proponents of the initiatives
argue the loss estimates should be based -on the prior year distributions.
Proponents also note that the "profit" distribution includes excess license fees
(above the cost of enforcement) and proceeds of a beer tax; if both remain after
the initiatives (as suggested by the proponent) then the "profit" distribution should
be reduced by a factor of 19% (assuming accuracy in the proponent's analysis).
Applying the adjustment to Pasco's 2009 actual "profit" distribution would result
in a figure of approximately $300,000. Thus, the potential loss of liquor "profit"
distributions to Pasco would range between at least $300,000/year to as much as
$460,000/year.
C) Initiatives 1100 and 1105 both propose to take the state out of the liquor
sales/distribution business, thus allowing privatization of all liquor sales and
distribution throughout the state. Financial impact of the initiatives:
• Initiative 1100: maintains liquor tax but eliminates profit distribution.
Potential loss for Pasco between -$300,000 and 4460,000/year.
• Initiative 1105: includes direction to the Liquor Control Board to recommend
a new liquor tax structure that would avoid any loss to state and local
governments; however, there is no obligation on the legislature to adopt such
a structure (and another initiative on the ballot, if passed, would make it more
difficult for the legislature to do so).
Potential loss for Pasco between -5300,000 and -$735,000/year.
8(a)
V. DISCUSSION:
A) Based on 2009 actual and expected 2010 receipts for state liquor tax and profit
distributions; passage of either initiative 1 100 or 1 105 would result in a loss of at
least $300,000 per year and possibly $735,000/year. A loss of general fund
revenue in that magnitude would require greater use of general fund reserves to
balance the budget (at the very least) or cause staff and associated service
reductions to offset the loss. Simply put, a loss of the magnitude expected from
the liquor initiatives (whether $300,000 or $735,000) cannot simply be absorbed
without affecting service to the community; exactly what service reductions
would occur would be decided by Council with the 2012 budget.
B) In addition to the direct Financial loss, the city's police department expects an
increase in service calls due to increased violations of liquor laws and greater
availability of liquor, particularly involving minors, The police department also
anticipates more alcohol-related vehicle accidents and DLIs, resulting from the
expected lower level of compliance with liquor laws.
C) As directed, staff has prepared a resolution that notes the financial impacts of the
initiatives on the city's budget and encourages citizens to consider the effects of
the initiatives when casting their ballots.
S e p t e m b e r 2 0 1 0
Initiatives 1100 8t 1105 :
ASSOCIATION
The Privatization of Liquor c� A "�"E°s"
If approved by voters, Initiatives 1 100 & 1 105 each impact a What do the two initiatives do to profits and
significant revenue stream for cities,counties and the state, taxes?
While both initiatives close state liquor stores and privatize Both initiatives eliminate liquor profits.I-1 100 maintains the
the sale and distribution of liquor,the measures have liquor tax; I-1 105 eliminates the liquor tax effective April 1,
different effective dates and different Impacts to state and 2012,
local government revenue.
Do the initiatives require a new method of liquor
How do the initiatives impact local and state taxation?
revenue? No.1-1 105 has intent language that the privatization of
State and local governments get two types of revenue from liquor sales and distribution"not result in revenue losses to
the sale of liquor:liquor profits and liquor taxes. state or local governments" and directs the Liquor Control
• Liquor board profits are revenues from permits,licenses, Board to recommend to the Legislature"a rate of taxation
and liquor store saJes.The state first pays for the activities that,along with other spirits-related revenue sources,would
of the Liquor Control Board (administration,sales people, project to generate at least the same annual revenue for
leases,etc.),and the remaining profits are divided 50% the state and local jurisdictions as under the current state
to the state,40% to cities,and 10%to counties (border control system..."The Legislature is under no obligation
areas receive an additional distribution).
to enact the Liquor Control Board's proposal,and if 1-1053
(Eyman's initiative) passes,it makes it far more challenging
• Liquor excise taxes come from a state tax to consumers to enact new or replacement tax rates on liquor sales.That
and restaurant Iicensees.The tax rates include a basic rate initiative requires a 213 vote by the Legislature to raise taxes,
plus surcharges,Revenues from the basic rates of I S%for
consumers and 10%for restaurants are shared 65%to With the removal of the state liquor taxes,liquor sales
the state,28% to cities,and 7% to counties, and distribution would become subject to two local taxes:
According to estimates in MRSC's Budget Suggestions For the local sales tax and the local B&O tax,if located in the
201 ).the following are city distributions: 38 towns and cities that impose such a tax,Any sales tax
_ revenues would be distributed based on the point of sale
Distributions 2008 1 2009 2010 201 1 and not the current per capita system for liquor
to cities i revised estimate* revenue.
Liquor $27,090,572 $27,091,000 $34,072,000 $31,200,000
Will the state save money by closing liquor
profits
stores?
Per capita $6.73 $6.67 $8.21 $7.34
No.The state pays for the administration and
profits
Liquor tax $19,301,609 $19,900,000 $20,551,000 $21,161,000 operation of state liquor stores from the revenue of
selling liquor.In addition,liquor generates additional
Per capita $4.80 $4.90 $4.95 1 $4.98 money for the state.For 2011 —2015,the O'fce
liquor tax I of Financial Management estimates that the state
*Subject to change if either of the initiatives pass. general fund will lose between $1 15 and $123
This means that city of 35,000 received $460.000 in taxes million under I-1 100 and between $513 and $547 million
and profits in 2010,while a city of 5,000 received $66,000. under 1-1105.
continued
AWC has not taken a position for or against this ballot iniUative.AWC's role is to provide its
members educational materials that can be shared with elected officials,staff and the community.
Association of Washington Cities • 1076 Franklin St SE • Olympla.WA 98501 • www.awcnet.org
Are there other impacts on local governments directs the Liquor Control Board to develop criteria for
from these initiatives? issuing retail liquor licenses.
The Liquor Control Board indicates that if either liquor
initiative passes,they likely will have sufficient funding from Why are there two liquor initiatives?
While bath initiatives allow private retailers to sell liquor,
other sources to continue their current enforcement
operations.However,they do not anticipate sufficient one primary difference is who is allowed to distribute liquor.
additional enforcement funding to mitigate a substantial Currently,the state distributes liquor to the liquor stores.
increase in the number of liquor retailers.As a result of I-I 100 would allow retailers to negotiate and buy liquor
the increased work load and limited resources,local law
directly from the manufacturers.11-1105 would require
enforcement could feel the impact from the expansion of retailers to buy liquor from a third-party distributor;the
liquor sales. distributors would sell to all retailers at the same price.
Additionally,the Municipal Research and Services Center According to the Washington State Public Disclosure
receives almost all of its funding from a contract with the Commission,Initiative 1100's campaign is primarily funded
state.The contract is funded through cities' (76.7%) and by Costco,and Initiative 1 105 is funded by Odom Southern
counties' (15,9%) share of liquor revenue,The city share is Holdings and Young's Market Company,two beverage
paid out of city liquor profits,which would be eliminated by distribution companies.
both initiatives,and the county share is paid out of county Large retailers likely would benefit by negotiating discounts
liquor taxes,which would be eliminated by I-1 105. directly with the makers of liquor.Smaller retailers (and
distributors),on the other hand,likely would benefit from a
When would private stores open?When would distribution system that sells to small and large retailers at
liquor profits and taxes end?
the same price,
The initiatives have different effective dates:
1 100 1 105 What happens if both initiatives pass?
— In 1993,when two rival tax-limit measures,1-601 and 1-602,
Date private liquor distribution 1111201 1 1011/201 1 were on the ballot,the Attorney General Issued a formal
begins _ _ opinion observing it would be possible for the Legislature
Private liquor stores open 6111201 { I 1/11201 I to resolve any conflict by amending either or both measures
State liquor stores close— 6/151201 1 11/15/201 1 with a two-thirds vote.Failing that,the courts would be
according to OFM fiscal note tasked with resolving the differences,possibly by giving
State liquor distribution &liquor 6/15/201 1 11/15/201 1 deference to the initiative that got the most votes or that
profits end—according to OFM had the later effective date.
fiscal note
State liquor stores must close 12/31/2011 4!il2012 What isAWC's role?
State liquor distribution must 12/31/2011 411!2012 AWC will continue to provide our members with
end & liquor profits end educational materials.Please check our website for additional
State liquor taxes end NIA 4/l/2012 information at www.awcnet.org/in'ttiatives,Thfs website
includes:
How many stores will be able to sell liquor if one • Summaries of 1-1100 and 1-1105.
or both of the initiatives pass? • Tables of liquor taxes and profits received by each city
Currently,Washington has 3 15 state and contract liquor from 2006—2008.
stores,and it is unknown how many private retailers will • News articles about the initiatives,
choose to sell liquor if one or both initiatives pass. Earlier Resources from the Public Disclosure Commission &
this year,the Washington State Auditor estimated 3,357 Attorney General's Office about elected and appointed
private stores would sell liquor under a privatized system. officials ballot measure campaign activities and use of
I-I 100 would allow any current retailer with a beer and/ public funds.
or wine grocery store license or specialty store license to
sell liquor;approximately 5,200 stores currently have one For more information
of these licenses and would be eligible to sell liquor. 1-1 105 Candice Bock,Legislative & Policy Advocate
candiceb @awcnet.org,(360) 753-4137.
AWC has not taken a position for or against this ballot initiative,AWC's rote is to provide its
members educational materials that can be shared with elected officlafs,staff and the community.
Liquor Tax/Profit Receipts, Pasco, 2004-2010
800,000 -_-- --�
700,000
600,000
a
= 500,000
v
w 400,000
300,000
d
200,000
100,000
2004 2005 2006 2007 2008 2009 2010
Est
• Liquor ExciseTax 151,130 171,858 196,702 223,171 246,008 260,149 275,000
•Liquor Board Profit 272,396 291,428 286,709 348,280 339,355 359,867 460,000
•Total 425,530 465,291 485,417 573,458 587,371 622,025 735,000
r *
Memorandum
Office of the thief
To: Gary Crutchfield, City Manager
From: Denis Austin, Chief of Police
Date: September 24,2010
Re: I-1100-possible Impact
While I have taken no position on this initiative I do think it's important to note what
impact it may have on our service demands. Below is a short list of some of the issues we
may be required to deal with if this initiative passes. 1 am sure that there may be other
secondary impacts that are yet to be seen. However, you can see that the below listed
items could very well tax our already limited resources.
This Initiative would privatize the sale of liquor in the State of Washington and would
increase the number of outlets ten-fold, This would make liquor available in outlets such
as, grocery stores, neighborhood convenience stores, gas stations and thousands of other
outlets across the state.
It is not beyond reason to assume that if this initiative passes that local law enforcement
will see an increase in service call demands involving alcohol related incidents such as:
• Increased compliance checks to insure "no-sale" to minor's philosophy is
ma.inlained,
• Increase in theft of alcohol by minors due to increased availability of liquor
throughout the community.
• Increase in consumption by minors.
• Increase in DUI arrests,
• Increase in alcohol related accidents and alcohol related medical assists.
Please let me know if you need further information or research on this issue.
---------- Forwarded message ----------
From: Stefan Sharkansky<thesharkOusefulwork.com>
Date: Fri, Sep 17, 2010 at 9:51 AM
Subject: I-1 100 and Pasco
To: zunfcertlrr?I2aco_wa.g9y
Mr. Crutchfield,
Thank you for calling yesterday
The punchline is that the portion of the liquor "profits" distributions attributable solely to state store sales in a typical
year is 81%.
Here are the gory details of how I get to that. The LCB financial statements do not make this easy to follow, so bear
with me. I'm attaching two documents, both from state FY 2009--the Operating Statement and the Distribution
Statement.
Near the middle of the Operating Statement is "Net Profit Merchandise Function", about$60.1 million.That's the
surplus from store sales which goes into the Liquor Revolving Fund, to be distributed with other surplus funds per
RCW 66,08.190. The cities aggregate share is nearly 40%, so$24 million.
What the liquor board calls "profits" includes more than surplus store revenues. It includes a portion of the beer tax
and surplus license fees. The total "profits" (also called "Excess Funds")for FY 2009 are illustrated on p.5 of the
Distribution Statement.
In the bottom table of that page there is the FY 09 total distribution to cities of$27,332,723,and in additional FY
total distribution of$2,229,000 to Fund 06C. The latter is the cities'share of funding for MRSC. Also per RCW
66.08.190 those are the first dollars taken out of the cities' share of the LRF distributions. So the cities'total portion
of the LRF surplus for FY2009 is the$27.3 million+ 52.2 million=$29.5 million.
$24 million of that comes from product sales, the remainder comes from beer taxes(the top section or. p.5 of the
Distribution Statement)and from surplus license fees. (it takes a few more steps through these statements to figure
out the license fees are included here, and IT go through that if you're interested in the details).
Thus you can see that the proportion of store sales in what the liquor board calls "profits" was 24/29.5= 81% in FY
2009.The "profits" from FY 2010 have a different composition, due to the temporary markup increase which started
in August 2009 and expires at the end of FY 2011
(see http://www.lici.wa.s?ov/releases/i)rO9O5O6-markup.asi) )
If the chart of"Liquor Tax/Profit Receipts" on the last page of your recent Council packet is based on calendar years
as opposed to fiscal years, then your estimate of FY 2009 surplus store receipts will be a bit off. Best to sum the 4
quarterly disbursement ending with the June 2009. then multiply that number by 81%to see what you're really
getting from store sales. If your total "profits" for FY 2009 is closer to the$339,000 you report for 2008,then the
fi'asco's share of FY 2009's store sales would be closer to$280,000. The remaining portion of"profits", from beer
tax and license fees will remain untouched whether or not either of l 100 or 1105 passes,
hope this helps. Let me know if you have any other questions.
regards,
Stefan Sharkansky
,(, '.'r,
RESOLUTION NO.
A RESOLUTION encouraging Pasco citizens to become informed about
the effects of Initiatives 1100 and 1105, concerning the privatization of liquor-
sales within the state of Washington,
WHEREAS, the state of Washington has long operated a monopolized liquor sales and
distribution system where cities, counties and the state receive revenues attributable to liquor
excise tax and profits; and
WHEREAS, Initiative 1100 and Initiative 1105, to be voted upon during the November
2, 2010 General Election, would each take the state out of the liquor sales/distribution business,
allowing the privatization of liquor sales and distribution throughout the state; and
WHEREAS, Initiative 1 100 would retain the liquor tax but eliminate the distribution of
liquor profits to state and local governments, resulting in a potential annual revenue loss to the
City of Pasco between $300,000 and $400,000 per year; and
WHEREAS, Initiative 1105 would eliminate the distribution of liquor profits and the
liquor excise tax, resulting in a potential annual revenue loss to the City of Pasco up to $735,000
per year; and
WHEREAS, liquor excise tax and profit distributions from the state contribute to the
delivery of municipal services to the citizens of Pasco; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON:
Section 1: That all citizens are encouraged to read and become familiar with the financial
and other effects of Initiatives 1100 and 1105, before casting their ballots in
the General Election of November 2, 2010,
Passed by the City Council of the City of Pasco this 41h day of October 2010.
Matt Watkins, Mayor
ATTEST: APPROVED AS TO FORM;
Debra L. Clark, City Clerk Leland B. Kerr, City Attorney