HomeMy WebLinkAbout2014.10.06 Council Meeting PacketAGENDA
PASCO CITY COUNCIL
Regular Meeting 7:00 p.m. October 6, 2014
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 15, 2014.
(b) Bills and Communications: (A detailed listing of claims is available for review in the
Finance Manager's office.)
1. To approve claims in the total amount of $3,409,294.04.
(c) Waiver of Sewer Utility Service Requirement (MF #USW2014 -002):
I. Agenda Report from Rick White, Community & Economic Development Director
dated September 17, 2014.
2. Sewer Waiver— Vicinity Map.
3. Sewer Waiver — Overview Map,
4. Sewer Waiver — Proposed Utility Service Waiver Agreement.
To conditionally approve the sewer utility service waiver at 6504 Maverick Court and,
further, authorize the City Manager to execute the waiver agreement.
(d) 1 Dedication Deed: Whittier School Streets (MF #DEED2014 -008):
1. Agenda Report from Dave McDonald, City Planner dated September 29, 2014.
2. Dedication Deed for Whittier School Streets —Overview Map.
3. Dedication Deed for Whittier School Streets —Vicinity Map.
4. Dedication Deed for Whittier School Streets —Deed.
To accept the dedication deed from the Pasco School District for a portion of Wehe Avenue
and Broadway Street.
(e) 1 Dedication Deed and Easement: 18' Avenue (MIT #DEED2014 -009):
1. Agenda Report from Dave McDonald, City Planner dated September 29, 2014.
2. Dedication Deed and Easement for 18" Avenue — Overview Map.
3. Dedication Deed and Easement for 18th Avenue — Vicinity Map.
4. Dedication Deed and Easement for 18a' Avenue — Deed.
5. Dedication Deed and Easement for 18" Avenue — Easement.
To accept the dedication deed from Yakima Venture Capital for a portion of 18th Avenue.
-AND -
To accept a permanent access easement from Yakima Venture Capital for a bypass
sidewalk at 1724 W. Clark Street.
(f) Dedication: Highland Park Streets (MF #DEED2014 -010):
1. Agenda Report from Dave McDonald, City Planner dated September 29, 2014,
2. Dedication, Highland Park Streets —Overview Map.
3. Dedication, Highland Park Streets —Vicinity Map.
4. Dedication, Highland Park Streets — Dedication Deed.
To authorize the Mayor to execute the dedication deed deeding land around Highland Park
to the City for right -of -way purposes.
Regular Meeting 2 October 6, 2014
(g) Resolution No. 3587, a Resolution of the City of Pasco, Washington, approving Multi -
Jurisdictional Agreements between the City of Pasco, and the Port of Pasco and the Port of
Walla Walla providing for wastewater discharges to comply with the City's Pretreatment
Controls for Discharge into the City of Pasco's publically -owned treatment works and,
authorizing the City Manager to execute the agreements.
1. Agenda Report from Ahmad Qayoumi, Public Works Director dated September 15,
2014.
2. Pretreatment Program — Resolution.
To approve Resolution No. 3587, authorizing the City Manager to execute a
Multijurisdictional Agreement with the Port of Pasco and the Port of Walla Walla.
(h) Resolution No. 3588, a Resolution waiving competitive bidding requirements for the
purchase of two (2) 17 Million Gallon per Day (MGD) Barrel Screens and one (1)
Hydroburst Air Cleaning System from Bilfinger Water Technologies, Inc., and, further,
authorizing the purchase.
I. Agenda Report from Mike Pawlak, City Engineer dated September 25, 2014.
2. WTP Intake Equipment — Proposed Resolution.
3. WTP Intake Equipment — Price Quote.
4. WTP Intake Equipment — Memo.
5. WTP Intake Equipment — Vicinity Map.
To approve Resolution No. 3588, waiving competitive bidding requirements for intake
equipment for the water treatment plant.
(i) 1 Resolution No. 3589, a Resolution fixing the time and date for a public hearing to
consider vacating a portion of Road 92 within Coles Estates.
1. Agenda Report from Dave McDonald, City Planner dated September 29, 2014.
2. Street Vacation, Road 92 in Coles Estates — Overview Map.
3. Street Vacation, Road 92 in Coles Estates — Vicinity Map.
4. Street Vacation, Road 92 in Coles Estates — Proposed Resolution.
5. Street Vacation, Road 92 in Coles Estates — Vacation Petition.
To approve Resolution No. 3589, setting 7:00 pm, Monday, November 3, 2014 as the time
and date to conduct a public hearing to consider vacating portions of the undeveloped right -
of -way in Coles Estates.
(RC) MOTION: I move to approve the Consent Agenda as read.
4. PROCLAMATIONS AND ACKNOWLEDGMENTS:
(a) "Yard of the Month" Awards. (NO WRITTEN MATERIAL 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
2014.
1. Alfredo & Maria Huerta, 904 Lincoln Drive
2. Teresa Morales, 1744 N. 21't Avenue
3. Steve & Michelle Johnson, 4114 Desert Place
4. Jack & Delma Williams, 10816 W. Court Street
(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 2014.
1. Express Storage, 6217 W. Court Street
(c) National Hispanic Heritage Month Proclamation. Mayor to present proclamation to
Felix Vargas.
5. VISITORS - OTHER THAN AGENDA ITEMS:
(a)
(b)
(c)
6. REPORTS FROM COMMITTEES AND /OR OFFICERS:
(a) Verbal Reports from Councilmembers
(b)
(c)
Regular Meeting 3 October 6, 2014
HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS
RELATING THERETO:
(None)
8. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS:
(a) Ordinance No. , an Ordinance of the City of Pasco, Washington amending Section
3.98.022 "Natural Gas-Use Tax Imposed'; and amending Section 5.32.040 "Tax- Levied"
providing for a tax exemption for natural gas fuel used for transportation.
1. Agenda Report from Stan Strebel, Deputy City Manager dated October 1, 2014.
2. Natural Gas for Transportation — Proposed Ordinance.
3. Natural Gas for Transportation — RCW 82.12.022.
4. Natural Gas for Transportation — Letter from BDI dated 9/22/14.
MOTION: I move to adopt Ordinance No. , providing for a tax exemption for
natural gas fuel used for transportation and, further, authorize publication by summary
only.
(b) ® Ordinance No. , an Ordinance of the City of Pasco, Washington amending the
Zoning Classification of property located in the 6000 block of Road 90 and Road 92 from
RT (Residential Transition) to R -1 (Low - Density Residential) and C -1 (Retail Business).
1. Agenda Report from Shane O'Neill, Planner I dated September 25, 2014.
2. Rezone, Coles Estates — Vicinity Map.
3. Rezone, Coles Estates — Proposed Ordinance.
4. Rezone, Coles Estates — Report to the Planning Commission.
5. Rezone, Coles Estates — Planning Commission Minutes dated 8/21/14 and 9/18/14.
MOTION: I move to adopt Ordinance No. , rezoning property located in the 6000
block of Road 90 and Road 92 from RT to R -1 and C -1 and, further, authorize publication
by summary only.
(c) Ordinance No. , an Ordinance prohibiting parking on various streets, amending
Section 10.56.080 of the Pasco Municipal Code and permitting limited time (two -hour)
parking on various streets, amending Section 10.56.110 of the Pasco Municipal Code.
1. Agenda Report from Mike Pawlak, City Engineer dated September 17, 2014.
2. Parking Ordinance Revision — Vicinity Map.
3. Parking Ordinance Revision — City Engineer's Memo.
4. Parking Ordinance Revision — Ordinance.
MOTION: I move to adopt Ordinance No. , adding parking restrictions on the
northerly side of Washington Street, between 9" Avenue and 10" Avenue and, further,
authorize publication by summary only.
(d) Ordinance No. , an Ordinance of the City of Pasco, Washington amending Title 27
"Historic Preservation" allowing the City to qualify as a "Certified Local Government,"
expanding the Historic Preservation Commission, establishing a Local Register of Historic
Properties, establishing a Comprehensive Inventory of Local Historic Resources and
establishing a Local Review Process.
1. Agenda Report from Jeffrey Adams, Associate Planner dated September 23, 2014.
2. Historic Preservation Title 27 Code Amendment — Proposed Ordinance.
3. Historic Preservation Title 27 Code Amendment — Bylaws of the HPC.
4. Historic Preservation Title 27 Code Amendment — Planning Commission Minutes
dated 7 /24/14 and 8/21/14.
MOTION: I move to adopt Ordinance No. , adopting amended Title 27 Historic
Preservation and, farther, authorize publication by summary only.
(e) Ordinance No. , an Ordinance of the City of Pasco, Washington amending the
Pasco Municipal Code regarding "Employee Recognition."
1. Agenda Report from Stan Strebel, Deputy City Manager dated September 22, 2014.
2. Code Amendment for Employee Recognition — Proposed Ordinance.
MOTION: I move to adopt Ordinance No. , amending the Pasco Municipal Code
regarding employee recognition and, further, authorize publication by summary only.
Regular Meeting 4 October 6, 2014
(f) Resolution No. , a Resolution relating to provision of sanitary sewer service and
establishing a policy allowing the extension of City sewer service beyond the City limits
through the use of "Power of Attorney for Covenant on Utility Services" forms including
consent to annexation.
1. Agenda Report from Dave McDonald, City Planner dated September 25, 2014.
2. Sewer Extension Policy — Proposed Resolution.
MOTION: I move to approve Resolution No. _, establishing a policy allowing the
extension of City sewer service beyond the City limits.
(g) ® Resolution No. , a Resolution accepting the Planning Commission's
recommendation and approving a Special Permit for a farm at the southwest corner of
Burns Road and Broadmoor Boulevard.
1. Agenda Report from Dave McDonald, City Planner dated September 29, 2014.
2. Special Permit, Farm in a RT Zone — Vicinity Map.
3. Special Permit, Farm in a RT Zone — Proposed Resolution.
4. Special Permit, Farm in a RT Zone — Report to Planning Commission.
5. Special Permit, Farm in a RT Zone — Planning Commission Minutes dated 8/21/14 and
9/18/14.
MOTION: I move to approve Resolution No. _, approving the special permit for the
location of a farm at the southwest comer of Burns Road and Broadmoor Boulevard as
recommended by the Planning Commission.
(h) ® Resolution No. a Resolution accepting the Planning Commission's
recommendation and approving a Special Permit for detached garage height increase at
2907 W. Ella Street.
1. Agenda Report from Jeffrey Adams, Associate Planner dated September 26, 2014.
2. Special Permit, Detached Garage — Vicinity Map.
3. Special Permit, Detached Garage — Proposed Resolution.
4. Special Permit, Detached Garage — Report to Planning Commission.
5. Special Permit, Detached Garage — Planning Commission Minutes dated 8/21/14 and
9/18/14.
MOTION: I move to approve Resolution No. _, approving a special permit for detached
garage height increase at 2907 W. Ella Street, as recommended by the Planning
Commission.
(i) i Resolution No. a Resolution approving the sale of certain real property on
Sandifer Blvd.
1. Agenda Report from Stan Strebel, Deputy City Manager dated October 1, 2014.
2. Sandifer Blvd Property Sale — Vicinity Map.
3. Sandifer Blvd Property Sale — Proposed Resolution.
4. Sandifer Blvd Property Sale — Proposed Agreement.
5. Sandifur Blvd Property Sale — Lot Segregation Map.
MOTION: I move to approve Resolution No. _, approving the sale of certain real
property on Sandifer Blvd.
9. UNFINISHED BUSINESS:
(None)
10. NEW BUSINESS:
(a) 12014 Sewer Line Repairs, Project No. M7- SE- 2R- 14 -01:
1. Agenda Report from Mike Pawlak, City Engineer dated September 29, 2014.
2. 2014 Sewer Line Repairs — Vicinity Map.
3. 2014 Sewer Line Repairs — Bid Summary.
= MOTION: I move to award the low bid for the 2014 Sewer Line Repairs to
Accelerated Construction and Excavating, LLC in the amount of $28,507.50 and, further,
authorize the Mayor to sign the contract documents.
11. MISCELLANEOUS DISCUSSION:
(a)
(b)
(c)
Regular Meeting 5 October 6, 2014
12. EXECUTIVE SESSION:
(a)
(b)
(c)
13. ADJOURNMENT.
rRoll Call Vote Required
Item not previously discussed
Quasi - Judicial Matter
MF# "Master File #...: .
REMINDERS:
1. 1:30 p.m., Monday, October 6, KGH — Emergency Medical Services Board Meeting.
(COUNCILMEMBER TOM LARSEN, Rep.; AL YENNEY, Alt.)
2. 7:00 a.m., Thursday, October 9 — BFCG Tri-Mats Policy Advisory Committee Meeting.
(COUNCILMEMBER BOB HOFFMANN, Rep.; REBECCA FRANCIK, Alt.)
3. 7:00 p.m., Thursday, October 9 - Ben - Franklin Transit Board Meeting. (MAYOR MATT
WATKINS, Rep.; MIKE GARRISON, Alt.)
REGULAR MEETING
CALL TO ORDER:
MINUTES
PASCO CITY COUNCIL SEPTEMBER 15, 2014
The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor.
ROLL CALL:
Councilmembers present: Rebecca Francik, Robert Hoffinann, Tom Larsen, Saul
Martinez, Matt Watkins and Al Yenney. Excused: Mike Garrison.
Staff present: Dave Zabell, City Manager; Stan Strebel, Deputy City Manager; Leland
Kerr, City Attorney; Richard Terway, Administrative & Community Services Director;
Rick White, Community & Economic Development Director; Bob Metzger, Police Chief,
Bob Gear, Fire Chief and Mike Pawlak, City Engineer.
The meeting was opened with the Pledge of Allegiance.
CONSENT AGENDA:
Approval of Minutes:
Minutes of the Pasco City Council Meeting dated September 2, 2014.
Bills and Communications:
To approve claims in the amount of $2,543,257.33. ($1,098,417.63 in Check Nos.
200069 - 200271; $371,026.19 in Electronic Transfer Nos. 802603, 802753, 802756-
802759; $54,487.36 in Check Nos. 47300 - 47376; 900000070 - 900000071; $552,932.72 in
Electronic Transfer Nos. 30073046 - 30073536; $334,097.77 in Electronic Transfer Nos.
81 -85; $132,295.66 in Electronic Transfer Nos. 74 -78).
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 $226,899.52 and, of that amount, authorize
$145,225.53 be turned over for collection.
Appointments to Downtown Pasco Development Authority:
To appoint A. Yesenia Celestino to Position No. 1, Rolando Rodriguez to Position No. 2
and Ana Cecilia Lopez to Position No. 4 (all with the expiration date of 12/20/16) to the
Downtown Pasco Development Authority.
Waiver of Sewer Utility Service Requirement (MF #USW2014 -001):
To conditionally approve the sewer utility service waiver at 1916 Road 64 and, further,
authorize the City Manager to sign the waiver agreement.
Amendment No. 1 to Water System Extension Agreement:
To approve Amendment No. 1 to the Water System Extension Agreement with Big Sky
LLC and Ted Tschirky and, further, authorize the City Manager to sign the agreement.
Lodging Tax Advisory Committee Appointments:
To confirm the Mayor's reappointment of the following individuals to the Lodging Tax
Advisory Committee: Hotel Representatives Monica Hammerberg, Red Lion and Allison
White, Sleep Inn; User Representatives: Colin Hastings, Pasco Chamber of Commerce
and Michael Goins, Downtown Pasco Development Authority; City Council Mike
Garrison.
3(a).1
MINUTES
REGULAR MEETING PASCO CITY COUNCIL SEPTEMBER 15, 2014
Resolution No. 3584, a Resolution fixing the time and date for a public hearing to
consider vacating the right -of -way for undeveloped streets and alleys in the
Whitehouse Addition.
To approve Resolution No. 3584, setting 7:00 pm, Monday, October 20, 2014 as the time
and date to conduct a public hearing to consider vacating portions of the undeveloped
right -of -way in the Whitehouse Addition.
MOTION: Ms. Francik moved to approve the Consent Agenda as read. Mr. Martinez
seconded. Motion carried by unanimous Roll Call vote.
REPORTS FROM COMMITTEES AND /OR OFFICERS:
Ms. Francik reported on the Fiery Foods Festival and noted the Court Street overpass
repair is complete.
Mr. Yenney attended the Connell Fall Festival and the Fiery Foods Festival.
Mr. Hoffmann reported on the BFCG Tri-Mats Policy Advisory Committee meeting.
Mayor Watkins reported on the LEOFF Pension Board meeting and the Fiery Foods
Festival.
ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS:
Ordinance No. 4171, an Ordinance vacating a portion of Nevada Avenue, Utah
Avenue and Spokane Street.
Mr. White explained the details of the proposed vacation.
MOTION: Ms. Francik moved to adopt Ordinance No. 4171, vacating a portion of
Nevada Avenue, Utah Avenue and Spokane Street and, further, authorize publication by
summary only. Mr. Yenney seconded. Motion carried unanimously.
Ordinance No. 4172, an Ordinance of the City of Pasco, Washington extending the
Cable Television Franchise Agreement with Falcon Video Communications, L.P.,
locally known as Charter Communications, Inc., hereinafter referred to as
"Grantee" through December 31, 2014.
MOTION: Ms. Francik moved to adopt Ordinance No. 4172, extending the Cable
Television Franchise Agreement with Charter Communications (Falcon Video
Communications, L.P.) through December 31, 2014 and, further, authorize publication by
summary only. Mr. Yenney seconded. Motion carried unanimously.
Ordinance No. 4173, an Ordinance amending PMC Title 25 dealing with minimum
lot sizes in the R -2 and R -3 Zoning Districts.
MOTION: Ms. Francik moved to adopt Ordinance No. 4173, amending Title 25
modifying minimum lot sizes in multi- family zoning districts and, further, authorize
publication by summary only. Mr. Martinez seconded. Motion carried unanimously.
Ordinance No. 4174, an Ordinance of the City of Pasco, Washington repealing
Chapter 2.04 "Emergency Powers of Mayor "; and creating a new Chapter 2.05
"Emergency Powers" establishing the Powers and Procedures for the Declaration of
an Emergency.
Council and staff discussed the proposed ordinance.
MINUTES
REGULAR MEETING PASCO CITY COUNCIL SEPTEMBER 15, 2014
MOTION: Ms. Francik moved to adopt Ordinance No. 4174, amending the Pasco
Municipal Code regarding Emergency Powers of the Mayor and, further, authorize
publication by summary only. Mr. Martinez seconded. Motion carried by unanimous Roll
Call vote.
Resolution No. 3585, a Resolution of the City Council of the City of Pasco,
Washington relating to Public Improvements; declaring its intention to order the
improvements of Road 76 (Wrigley to Walmart property line) to create a Local
Improvements District to assess the cost and expense of carrying out those
improvements against the property specially benefitted thereby; and, notifying all
persons who desire to object to the improvements to appear and present their
objections at a hearing before the City Council to be held on October 6, 2014.
MOTION: Ms. Francik moved to approve Resolution No. 3585, relating to public
improvements; declaring the City's intention to order the improvements of Road 76
(Wrigley/Walmart Property Line) and to create a Local Improvement District to assess a
portion of the cost and expense of carrying out those improvements against the property
specially benefited thereby; and, notifying all persons who desire to object to the
improvements to appear and present their objections at a hearing before the City Council
to be held on October 6, 2014. Mr. Yenney seconded. Motion carried unanimously.
Resolution No. 3586, a Resolution accepting a Notice of Intent (ten percent petition)
to commence annexation proceedings, providing a determination on the territory to
be annexed and whether simultaneous zoning and the assumption of bonded
indebtedness will be required.
MOTION: Ms. Francik moved to approve Resolution No. 3586, accepting a Notice of
Intent to commence annexation proceedings for the Rogers Annexation Area and
providing a determination on the boundary, zoning and indebtedness related thereto. Mr.
Yenney seconded. Motion carried unanimously.
MISCELLANEOUS DISCUSSION:
Mr. Hoffmann commented on the request by a Kennewick Councilmember that
Kennewick open their Council meetings with prayer.
Council concurred to move the September 22nd workshop meeting to September 29th.
ADJOURNMENT:
There being no further business, the meeting was adjourned at 7:34 p.m.
APPROVED:
Matt Watkins, Mayor
ATTEST:
Debra L. Clark, City Clerk
PASSED and APPROVED this 6th day of October, 2014.
CITY OF PASCO
Council Meeting of: October 6, 2014
Accounts Payable Approved
The City Council
City of Pasco, Franklin County, Washington
We, the undersigned, do hereby certify under penalty of perjury that the materials have been furnished, the
services rendered or the labor performed as described herein and that the claim is a just, due and unpaid
Obligation against the city and that we are authorized to authenticate and certify to said claim.
aye Za I, City Manager
"f�
l
Y, Services Manager
We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this
6 day of October, 2014 that the merchandise or services hereinafter specified have been received and are approved for payment:
Claims Bank Payroll Bank Gen'I Bank Electronic Bank Combined
Check Numbers 200272- 200570 4737747423
900000073- 900000074
Total Check Amount $2,083,842.11 $50,386.60 Total Checks $ 2,134,226.71
Electronic Transfer Numbers 802604- 802752 30073537. 30074013 86 -87 79 -82
602754- 802755
802750 - 803010
803103- 803104
Total EFT Amount $577,012.18 $647,958.35 $4,000.00 $146,094.80 Total EFTS $ 1,275,065.33
Grand Total $ 3,409,294.04
Councilmember Councilmember
SUMMARY OF CLAIMS BY FUND:
GENERALFUND
STREET
BLVD MAINT
STREET OVERLAY
C. D. BLOCK GRANT
HOME CONSORTIUM GRANT
ECONOMIC DEVELOPMENT
KING COMMUNITY CENTER
AMBULANCE SERVICE
CEMETERY
ATHLETIC PROGRAMS
GOLF COURSE
SENIOR CENTER OPERATING
MULTI MODAL FACILITY
RIVERSHORE TRAIL & MARINA MAIN
SPECIAL ASSESSMNT LODGING
LITTER CONTROL
REVOLVING ABATEMENT
TRAC DEVELOPMENT & OPERATING
PARKS
STADIUMICONVENTION CENTER
GENERAL CAP PROJ CONSTRUCTION
WATERISEWER
EQUIPMENT RENTAL - OPERATING GOVERNMENTAL
EQUIPMENT RENTAL - OPERATING BUSINESS
EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL
EQUIPMENT RENTAL - REPLACEMENT BUSINESS
MEDICAL/DENTAL INSURANCE
FLEX
PAYROLL CLEARING
GRAND TOTAL ALL FUNDS:
559,996.62
37,533.64
1,054.45
274,566.59
4,215.19
0.00
$ 3,409,294.04
3(b)A
AGENDA REPORT
FOR: City Council September 17, 2014
TO: Dave Zabell, City Manager Workshop Mtg.: 9/29/2014
FROM: Rick White, Regular Mtg.: 10/6/2014
Community & Economic Development Director Ka
SUBJECT: Waiver of Sewer Utility Service Requirement (MF# USW 2014 -002)
I. REFERENCE(s):
1. Sewer Waiver — Vicinity Map
2. Sewer Waiver — Overview Map
3. Sewer Waiver — Proposed Utility Service Waiver Agreement
IL ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS:
9/29: DISCUSSION
10/6: MOTION: I move to conditionally approve the sewer utility service waiver at
6504 Maverick Court and authorize the City Manager to execute
the waiver agreement.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
A. The applicant has applied for a utility service waiver to install a septic system for
new construction of single family dwelling at 6504 Maverick Court on an existing
lot. PMC 16.06 requires connection to the utility system when a building permit
is issued unless such requirement is waived by action of City Council.
B. Utility waivers are granted /denied by City Council in accord with the
requirements of PMC 16.06.050. This section of the PMC requires that City
Council base their decision on the following criteria:
• Special circumstances applicable to the property in question or the
intended use that do not generally apply to either properties or classes of
uses in the same vicinity or zoning classification.
• A waiver is necessary for the preservation and enjoyment of a substantial
property right or use possessed by other properties in the same vicinity and
same zoning classification, which because of special circumstances is
denied to the property in question.
• The granting of the waiver will not be detrimental to the public welfare or
egregious to other property improvements in such vicinity and zoning
classification, which the subject property is located.
• The granting of a waiver will not conflict with the general intent of this
chapter.
C. The above criteria contained in PMC 16.06.050 is established to measure unusual
or unique circumstances peculiar to a certain property that would justify waiver of
a requirement for utility connections similar to the way a land use variance would
be evaluated.
3(c)
D. The recent annexation of Riverview Area #2, to which the subject parcel belongs,
poses a different set of circumstances where most developed and undeveloped
properties share a common condition — unavailability of sewer service.
V. DISCUSSION:
A. Presently, there is no sewer service provided near the property. The existing
closest sewer line is approximately 3,300 feet from the applicant's property and it
is not cost effective for a private party or the City to provide for the extension of
such line. In addition, the Sewer Master Plan shows this area is served by lift
stations expected to be provided approximately in the year 2025. While the date
could change depending on the rate of development, it is accurate to state that
sewer infrastructure is not in place now or in the near future for extension to the
properties in question.
B. The applicant's property is similar and in some respects identical to much of the
surrounding residential development. All of the single family homes in this
vicinity have been developed with septic systems on relatively large lots. A local
improvement district to extend sewer to this part of Pasco is not likely in the near
future due do the existing development pattern in the area.
C. Standards for septic systems are administered through the Benton Franklin Health
Department and will apply to the installation of septic systems on this property. It
is not expected that the waiver will be detrimental to public health or welfare in
this vicinity.
D. The granting of a waiver will not conflict with the intent of Chapter 16.06 of the
PMC. The significant costs associated with sewer line extension, the timeframe
expected for the provision of infrastructure to allow the area to be served by city
sewer, and the unlikelihood of a local improvement district in the near future,
leads staff to recommend that a sewer connection waiver be granted for the
property.
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WHEN RECORDED RETURN TO:
City of Pasco, Washington
Engineering Department
525 North 3rd Avenue
Pasco, WA 99301
UTILITY SERVICE WAIVER AGREEMENT
(CHAPTER 16.06 PMC)
1) The undersigned is the owner of the real property situated in Franklin County, Washington
addressed as 6504 Maverick Court and described as:
Tax Parcel #: 118 -591 -097
Legal: Lot 8, Columbia Flats, according to the Plat thereof recorded in Volume
D of Plats Page 338, records of Franklin County, Washington
2) The undersigned has made application for waiver of the utility service requirements of Chapter
16.06 PMC and the Pasco City Council has by motion approved said waiver based on the
following Findings:
a) Presently, there is no sewer service provided near the property. The existing closest sewer
line is approximately 3,300 feet from the applicant's property and it is not cost effective for a
private party or the City to provide for the extension of such line. In addition, the Sewer
Master Plan shows this area is served by lift stations expected to be provided approximately
in the year 2025. While the date could change depending on the rate of development, it is
accurate to state that sewer infrastructure is not in place now or in the near future for
extension to the properties in question;
b) The applicant's property is similar and in some respects identical to much of the surrounding
residential development. All of the single family homes in this vicinity have been developed
with septic systems on relatively large lots. A local improvement district to extend sewer to
this part of Pasco is not likely at this time due do the existing development pattern and
conditions in the area;
c) Standards for septic systems are administered through the Benton Franklin Health
Department and will apply to the installation of septic systems on this property. It is not
expected that the waiver will be detrimental to public health or welfare in this vicinity;
d) The granting of a waiver will not conflict with the intent of Chapter 16.06 of the PMC. The
significant costs associated with sewer line extension, the timeframe expected for the
provision of infrastructure to allow the area to be served by city sewer, and the unlikelihood
of a local improvement district in the near future support the granting of a waiver for
connection to the city sewer system for the property.
3) The waiver is conditioned upon the undersigned making the following agreements and
acknowledgments with the City, which the undersigned does hereby freely and voluntarily
make:
a) The undersigned agrees to provide the City of Pasco with all necessary Health District
approvals for the use of a septic tank system at the above referenced property;
b) The undersigned acknowledges that the granting of a sewer utility waiver does not exempt
him/her from any obligation that results from the formation of a Local Improvement District
to provide sanitary sewer to the undersigned's property;
c) The undersigned shall pay an equitable share of any private sewer utility extensions abutting
the undersigned's property;
d) The above covenants to the City shall run with the land and be binding on the owner, on the
undersigned, his/her heirs, devisees, successors and assigns and all owners now or hereafter
of the land above described, or of any of said land described above;
e) A violation of any of the above covenants may be enjoined and the same enforced at the suit
of the City.
This utility waiver and agreement has been approved by the Pasco City Council on day of
20
Signature of Legal Property Owner(s)
STATE OF WASHINGTON )
ss.
County of Franklin
On this day personally appeared before me , to be known
to be the individual(s) described in and who executed the within and foregoing instrument, and
acknowledged that they signed the same as their free and voluntary act and deed for the uses and
purposes therein mentioned.
UTILITY SERVICE WAIVER AGREEMENT (MF# USW2014 -002) — PAGE 2
GIVEN under my hand and official seal this day of 20—.
NOTARY PUBLIC in and for the State of Washington
Residing at:
My Commission Expires:
This utility service waiver and agreement has been approved by the Pasco City Council on
_ day of —'20—.
Dave Zabell, City Manager
STATE OF WASHINGTON )
ss.
County of Franklin
On this day personally appeared before me, Dave Zabell, to be known to be the individual(s)
described in and who executed the within and foregoing instrument, and acknowledged that they
signed the same as their free and voluntary act and deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this day of 20—.
NOTARY PUBLIC in and for the State of Washington
Residing at:
My Commission Expires:
UTILITY SERVICE WAIVER AGREEMENT (MF# USW2014 -002) —PAGE 3
AGENDA REPORT
FOR: City Council / September 29, 2014
TO: Dave Zabell, City Manager�!/�//� r Regular Mtg.: 10/6/14
Rick White, l
Community & Economic Development Director/%
FROM: David I. McDonald, City Planner 11
SUBJECT: DEDICATION DEED: Whittier School Streets (MF # DEED 2014 -008)
I. REFERENCE(S):
1. Dedication Deed for Whittier School Streets - Overview Map
2. Dedication Deed for Whittier School Streets -Vicinity Map
3. Dedication Deed for Whittier School Streets - Deed
II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS:
10/6: MOTION: I move to accept the dedication deed from the Pasco School
District for a portion of Wehe Avenue and Broadway Street.
III. FISCAL IMPACT
None
IV. HISTORY AND FACTS BRIEF:
A. The right -of -way fronting Whittier Elementary School has never been dedicated
to the City. The Whittier Elementary School is located on Blocks 2 and 3 of the
unrecorded plat of Highland Park Homes 1S1 Addition. Because this plat was
never recorded the streets therein, including Wehe and Broadway, were never
dedicated to the City.
B. The School District is providing the necessary right -of -way as part of the
development process for the new Marie Curie Elementary School being built
adjacent to the Whittier Elementary School.
3(d)
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After Recording, Return To:
City of Pasco, Washington
Attn: City Planner
525 North 3'd
Pasco, WA 99301
i ax rarcel iNo. 112U74014
No Real Estate Excise Tax Paid
This Instrument Exempt Under RCW 82d6
Treasurer, Fanklin County
DEDICATION DEED
THE GRANTOR, Pasco School District No. 1, a Washington State
School District, 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 and all interest in the land described as follows:
The East 30 feet of the NE' /<NE %NE'/ of Section 29,
Township 9 North, Range 30 East, in Franklin County,
Washington (See Exhibit A).
Together with; The South 42 feet of the NE' /NE' /NE'/ of
Section 29, Township 9 North, Range 30 East, in Franklin
County, Washington (See Exhibit B).
Together with; A triangle at the Southeast corner of the
NE' /NE' /aNE'/ of Section 29, Township 9 North, Range 30
East, in Franklin County, Washington, with a North leg of 82
foot and a West leg of 82 foot (See Exhibit Q.
DATED THIS Z-(�, DAY OF w k , 2014.
Dedication Deed — I
GRANTOR
STATE OF WASHINGTON
ss.
County of Franklin
-�h y�
On this ..(o day of AIA 5``5� �, 2014, before me, the
undersigned, duly commissioned 4`d sworn, personally appeared
�9nn�u to me known to be the
individual(s) described above and who executed the within and foregoing
instrument as an agent of the owner(s) of record, and acknowledged to me that
he /she /they signed the same as his /her /their free and voluntary act and deed, for
the uses and purposes therein mentioned, and on oath stated that he /she /they
is /are authorized to execute the said instrument.
GIVEN under by hand and official seal this day of w S�
2014.
n r r it
Print Name: ygltrlL `AI. SM�t1ti
NOTARY PUBLIC in and for the State of Washington
Residing at 7s „ ( ;3asco t w
My Commission Expir . q 1 -4n 11 L
Dedication Deed — 2
Exhibit A
1 " = 100'
Exhibit B
1 °' = 100'
Exhibit C
1" = 30°
AGENDA REPORT
FOR: City Council September 29, 2014
TO: Dave Zabell, City Manager Regular Mtg.: 10/6/14
Rick White,
Community & Economic Development Director
FROM: David I. McDonald, City Planner
SUBJECT: DEDICATION DEED & EASEMENT: 18" Ave. (MF # DEED 2014 -009)
I. REFERENCE(S):
1. Dedication Deed & Easement for 18'h Ave - Overview Map
2. Dedication Deed & Easement for 18'b Ave - Vicinity Map
3, Dedication Deed & Easement for 18"' Ave — Deed
4. Dedication Deed & Easement for 18'h Ave— Easement
II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS:
10/6: MOTION:
10/6: MOTION:
III. FISCAL IMPACT
None
I move to accept the dedication deed from Yakima Venture
Capital for a portion of 18'h Avenue.
I move to accept a permanent access easement from Yakima
Venture Capital for a bypass sidewalk at 1724 W. Clark Street.
IV. HISTORY AND FACTS BRIEF:
A. The right -of -way for 18' Avenue between Lewis Street and Clark Street was
originally platted at an 80 feet width. The improvements on this section of 181
Avenue are 70 feet in width rather than the typical 50 feet found on local access
streets.
B. In 1996 the east and west 10 feet of 18'b Avenue from Lewis Street to Bonneville
Street were vacated reducing the right -of -way from the old 80 foot standard to the
current 60 foot standard. Unfortunately in 1996 the City did not have the aerial
mapping capability to discover a small portion of 18"' Avenue had 70 feet of
improvements rather than the typical 50 feet. Consequently Ordinance No. 3167
of 1996 vacated a portion of 18' Avenue that contained a City sidewalk.
C. During the plan review process for a major renovation of the building at 1724 W.
Clark Street the problem with the right -of -way discussed above was discovered.
As a part of the permitting process the property owner, Yakima Venture Capital,
has deeded the necessary right -of -way to correct the problem created by
Ordinance 3167.
D. In addition to the dedication needed to restore the right -of -way on 181 Avenue an
easement is needed for the new bypass sidewalks required due to ADA standards.
The property owner has also provided the easement.
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After Recordiu = Return To:
City of Pasco, Washington
Attn. City Engineer
525 North 31d
Pasco, WA 99301
DEDICATION DEED
Tax Parcel No. 112213239
THE GRANTOR, Yakima Venture Cavital. a Washington
State Limited Liability Company; 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 and all interest in the land
described as follows:
A PARCEL OF LAND LYING IN A PORTION OF THE SOUTHWEST
QUARTER OF SECTION 30,
TOWNSHIP 9 NORTH; RANGE 30 EAST, WILLAMETTE
MERIDIAN, FRANKLIN COUNTY, WASHINGTON, MORE
PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT THE INTERSECTION OF WEST CLARK
STREET AND NORTH 181x' AVENUE AS DEPICTED ON RECORD
OF SURVEY, RECORDED UNDER VOLUMES OF SURVEYS, PAGE
547, AUDITOR'S FILE NUMBER 1.815113„ RECORDS OF SAID
COUNTY AND STATE; THENCE ALONG THE CENTERLINE OF
SAID NORTH I P- AVENUE SOUTH 00 024'33" EAST 40.00 FEET;
THENCE LEAVING THE CENTERLINE THEREOF NORTH
89 035'27 ", EAST 30.00 FEET TO THE NORTHWEST CORNER OF
SAID RECORD OF SURVEY AND THE TRUE POINT OF
BEGINNING;
THENCE ALONG THE NORTH LINE THEREOF NORTH 89 °35'38"
EAST 16.36 FEET; THENCE SOUTH 33 028'07" WEST FOR A
DISTANCE OF 17.68 FEET; THENCE ALONG A LINE PARALLEL
AND 6.50 FEET EAST OF THE WEST LINE OF SAID RECORD OF
Dedication Decd -1
SURVEY SOUTH 00 °24'33" EAST 77.15 FEET; THENCE SOUTH
15022'10" EAST 9.29 FEET; THENCE ALONG A LINE PARALLEL
AND NORTHEAST 3.00 FEET OF THE NORTHEASTERLY RIGHT -
OF -WAY MARGIN OF A PUBLIC ROAD KNOWN AS WEST LEWIS
STREET SOUTH 67 055'55" EAST 22.16 FEET; THENCE SOUTH
18001'14" EAST 3.92 FEET TO A.POINT ON THE
NORTHEASTERLY MARGIN THEREOF; THENCE NORTH
67 055155" WEST 33.08 FEET TO THE WEST LINE OF SAID
RECORD OF SURVEY; THENCE ALONG THE WEST LINE
THEREOF NORTH 00 024'33" WEST 100.38 FEET TO THE TRUE
POINT OF BEGINNING:
CONTAINS —819 SQFT
DATED this Q day of (014.
GRAI�tTO
STATE OF WASHINGTON )
ss.
County of Franklin
On this 12. day of 2014, before me, the
undersigned, duly commissioned and sworn, personally appeared
to me known to be the individual(s) described above
and who executed the within and foregoing instrument as an agent of the
owners) of record, and acknowledged to me that he/she/they signed the same as
his/her /their free and voluntary act and deed, for the uses and purposes therein
mentioned, and on oath stated that he/she /they islare authorized to execute the
said instrument.
by hand and official seal this _ day of e�
LV -•- i
p 2 5 Print Name: r-
N�'y� Aos��10s'�.0 NOTARY PUBLIC in ud for the State of Washington
Residing at; �I G _�( (YNJG�,
My Commission Expires: (r 1 q 1 R
Dedication Deed - 2
EXHIBIT
RIGHT -OF -WAY
DEDICATION
'3 CLARK STREET
N89'35'38 "E 499.94'(500.00'Ri)
�� $
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N89'35L27"E 16.36' N89'35'38 "E
30.00'!'
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AREA: 819 SQ. FT.
< 't 1
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0 .ro j' RECORD OF SURVEY
Z Z ° %i I AF#1815113, VOLUME 3, PAGE
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ve FAX608 -87 14889
sm7oFi PASCO WASHINGTON
FILED FOR RECORD AT REQUEST OF:
City of Pasco
WHEN RECORDED RETURN TO:
City of Pasco, Washington
Fagmeenng Department
525 North 3rd Avenue
Pasco, WA 99301
Tax Parcel No: 112213239
Legal Description: Hehns 2' Lots 17 & IS LyN of Hwy & All Lots 19 & 20 Blk 5 Tog w/ Helms 2°d Addu Lots 21
& 22 Blk S.
CITY OF PASCO
PERMANENT ACCESS EASEMENT
GRANTORS, Yakima Venture Capital, a Limited Liability ConIpM, as donation for
public purposes pursuant to RCW 35A.21.240, the receipt of which is hereby acknowledged,
hereby grants to the GRANTEE, City of Pasco, Franklin County, Washington, a Municipal
Corporation; and to its successors or assigns, the right to enter upon and occupy the lands of the
Grantors situated in the County of Franklin, State of Washington, and more particularly
described as follows;
A SIDEWALK EASEMENT LYING IN A PORTION OF THE SOUTHWEST QUARTER OF
SECTION 30, TOWNSHIP 9 NORTH, RANGE 30 EAST, WILLAMETTE MERIDIAN,
FRANKLIN COUNTY, WASHING'T'ON, MORE PARTICULARLY DESCRIBED AS
FOLLOWS;
COMMENCING AT THE INTERSECTION OF WEST CLARK STREET AND NORTH 18TH
AVENUE AS DEPICTED ON RECORD OF SURVEY, RECORDED UNDER VOLUME 3 OF
SURVEYS, PAGE 547, AUDITOR'S FILE NUMBER 1815113, RECORDS OF SAID
COUNTY AND STATE; THENCE ALONG THE CENTERLINE OF SAID NORTH 18TH
AVENUE SOUTH 00 024'33" EAST 40.00 FEET; THENCE LEAVING THE CENTERLINE
THEREOF NORTH 89°35'2T' EAST 30.00 FEET TO THE NORTHWEST CORNER OF
SAID RECORD OF SURVEY; THENCE ALONG THE NORTH LINE THEREOF NORTH
89 °35'38" EAST 16.36 FEET; THENCE SOUTH 33 °2.8'07" WEST FOR A DISTANCE OF
17.68 FEET; THENCE ALONG A LINE PARALLEL AND 6.50 FEET EAST OF THE WEST
LINE OF SAID RECORD OF SURVEY SOUTH 00 024'33" EAST 23.00 FEET; THENCE
SOUTH 37 °33'31" EAST 6.62 FEET; THENCE ALONG A LINE 10.5 FEET PARALLEL
AND EAST OF SAID WEST LINE SOUTH Q0024'33" EAST 26.58 FEET; THENCE SOUTH
36 044'25" WEST 6.62 FEET A POINT ON A LINE 6.5 FEET PARALLEL AND EAST OF
Permanent Utility Easement - 1
SAID WEST LINE; THENCE ALONG SAID PARALLEL LINE NORTH 00 024'33" WEST
37.14 FEET TO THE TRUE POINT OF BEGINNING.
and to construct, operate, maintain, repair, replace a sidewalk for access on the above described
land as will not unreasonably interfere with Grantors' surface usages and to exercise such other
rights as is necessary to carry out this purpose.
The Grantors agree that all facilities installed upon the above - described land shall remain
the property of the Grantee, and that the Grantee shall have the right of reasonable ingress and
egress over the adjacent lands of the Grantors for the purpose of exercising all rights hereby
granted.
This Agreement is exclusive to the Grantee, touching and connecting the above - described
real property and shall run with the land.
In the event of any claim or dispute arising out of this Agreement, venue shall be placed
in Franklin County Superior Court, and an award of reasonable attorney fees shall be made to the
substantially prevailing party in any such dispute.
DATED this Q- day of cmb ,e- , 2014.
STATE OF WASHINGTON)
:ss
County of Franklin )
Owner
On this day personally appeared before me;
described in and who executed the within and foregoing instrument, and acknowledged that they
signed the same as their free and voluntary act and deed for the uses and purposes therein
mentioned.
V4. 811y %V under by hand and official seal this t= day of X2014.
V4� t/
�V.N�ggry Y
�! \ON txp01ryt� Notary Public in he as
50 z Residing at ( rn�
At;s � My Commission Expires: [ J
Utility Easement - 2
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089'35'38 "E 499.94'(500.00'Rl)
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i� 38.5' ( S36 ^44'25 "W
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AGENDA REPORT
FOR: City Council September 29, 2014
TO: Dave Zabell, City Manag Regular Mtg.: 10/6/14
Rick White,
Community & Economic Development Director �V
FROM: David I. McDonald, City Planner
SUBJECT: DEDICATION: Highland Park Streets (MF # DEED 2014 -010)
I. REFERENCE(S):
1. Dedication, Highland Park Streets - Overview Map
2. Dedication, Highland Park Streets -Vicinity Map
3. Dedication, Highland Park Streets - Dedication Deed
II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS:
10/6: MOTION: I move to authorize the Mayor to execute the dedication deed
deeding land around Highland Park to the City for right -of -way
purposes.
III. FISCAL IMPACT
None
IV. HISTORY AND FACTS BRIEF:
A. Highland Park, like Whittier Elementary School, is located on property that was
included in the Highland Park Homes 15` Addition. This subdivision was never
recorded and consequently the streets around Highland Park were never dedicated
to the City. The park property currently extends to the center of Wehe Avenue,
Broadway Street and Adelia Street.
B. As part of the construction of the Mane Curie Elementary School to the north of
Highland Park the School District has provided a deed for the District's half of the
missing right -of -way on Broadway Street and Wehe Avenue. Highland Park
currently extends to the center line of Broadway Street, Adelia Street and Wehe
Avenue. To clean up the right -of -way issues and complement what the School
District has done the City needs to dedicate the missing right -of -way around
Highland Park.
C. Converting the portions of the Park occupied by the surrounding streets to right -
of -way requires the recording of a dedication deed signed by an agent of the City.
3(f)
After Recording, Return To:
City of Pasco, Washington
Attn: City Planner
525 North 3rd
Pasco, WA 99301
DEDICATION DEED
Tax Parcel No. 112075013
THE GRANTOR, The City of Pasco, 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 and all interest in the land
described as follows:
The east 30 feet and the north 20 feet of the Southeast Quarter of the
Northeast quarter of the Northeast quarter of Section 29, Township 9
North, Range 30 East, W.M., Franklin County, Washington and the south
30 feet of said Section 29 lying easterly of the northerly projection of the
west right -of -way line of North Charles Avenue to the east line of said
Section 29; Together with a triangle at the Southeast corner of the
Southeast Quarter of the Northeast quarter of the Northeast quarter of said
Section 29 with a north leg of 70 feet and a west leg of 70 feet and a
triangle at the Northeast corner of the of the Southeast Quarter of the
Northeast quarter of the Northeast quarter of said Section 29 with a south
leg of 70 feet and a west leg of 70 feet.
DATED this day of 2014.
GRANTOR
Dedication Deed - 1
STATE OF WASHINGTON
ss.
County of FRANKLIN
On this day of 2014, before me, the
undersigned, duly commissioned and sworn, personally appeared
to me known to be the individual(s) described above
and who executed the within and foregoing instrument as an agent of the
owner(s) of record, and acknowledged to me that he /she /they signed the same as
his /her /their free and voluntary act and deed, for the uses and purposes therein
mentioned, and on oath stated that he /she /they is /are authorized to execute the
said instrument.
GIVEN under by hand and official seal this day of
2014.
Print Name:
NOTARY PUBLIC in and for the State of Washington
Residing at:
My Commission Expires:
Dedication Deed - 2
AGENDA REPORT NO. 24
FOR: City Council ^ /
TO: Dave Zabell, City Manager
FROM: Abroad Qayoumi, Public Works Director
SUBJECT: Pretreatment Program - Multijurisdictional Agreement
I. REFERENCE(S):
1. Pretreatment Program — Resolution
September 15, 2014
Workshop Mtg.: 9/29/14
Regular Mtg.: 10/6/14
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
9/29: Discussion
10/6: MOTION: I move to approve Resolution No.�51W authorizing the City
Manager to execute a Multijurisdictional Agreement with the Port of
Pasco and the Port of Walla Walla.
III. FISCAL IMPACT:
Sewer Funds $184,000 / PWRF $200,000
Pretreatment Permit Cost Recovery $200,000 (2015)
IV. HISTORY AND FACTS BRIEF:
A) On August 4, 2014, a new Sewer Use Ordinance #4169 was adopted pursuant to
the WSDOE Administrative Order (October 2013) that the City must begin
IMMEDIATE implementation of an "Industrial Pretreatment Program " and
comply with the regulations `promulgated in 40 CFR Part 403" (General
Pretreatment Regulations for Existing and New Sources of Pollution) "and any
additional regulations that may be promulgated under Section 307(b)
(pretreatment) and 308 (reporting) of the Federal Clean Water Act. "
B) In order to accept industrial wastewater from agencies that operate outside the
City of Pasco's jurisdiction the City must enter into a multijurisdictional
agreement per WSDOE. By entering into a multijurisdictional agreement with the
outside entity, the City then has the ability to administer the pretreatment
program; without which the City lacks the legal authority. The City attorney has
prepared a multijurisdictional agreement with the Port of Pasco and the Port of
Walla Walla that has been approved by WSDOF. Additional multijurisdictional
agreements will be created in the event the City accepts industrial wastewater
from additional agencies that operate outside the City's jurisdiction.
V. DISCUSSION:
A) Staff recommends approval of the multijurisdictional agreements to enable the
City to remain compliant with its WSDOE and National Pollutant Discharge
Elimination System (NPDES) Permits.
3(g)
RESOLUTION NO.r-(J�
A RESOLUTION of the City of Pasco, Washington, approving Multi -
Jurisdictional Agreements between the City of Pasco, and the Port of Pasco, and
the Port of Walla Walla providing for wastewater discharges to comply with the
City's Pretreatment Controls for Discharge into the City of Pasco's publically-
owned treatment works and, authorizing the City Manager to execute the
agreements.
WHEREAS, the City of Pasco has recently adopted Chapter 13.62 "Wastewater
Pretreatment Requirements" providing for the pretreatment of generated wastewater; and
WHEREAS, the Port of Pasco and the Port of Walla have jurisdiction over tenants who
may be potential contributors to the City of Pasco's Wastewater System; and
WHEREAS, the City of Pasco has negotiated with the Port of Pasco, and the Port of
Walla, Multi- Jurisdictional Pretreatment Program Implementation and Enforcement Agreements
which are respectively attached to this Resolution as Exhibits A and B, NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, AS FOLLOWS:
Section 1. The City Council hereby approves and adopts the Multi- Jurisdictional
Agreement between the City of Pasco, Washington, and the Port of Pasco, Pretreatment Program
Implementation Enforcement Agreement as attached as Exhibit A.
Section 2. The City Council hereby approves and adopts the Multi - Jurisdictional
Agreement between the City of Pasco, Washington, and the Port of Walla Walla, Pretreatment
Program Implementation Enforcement Agreement as attached as Exhibit B.
Section 3. The City Manager is authorized and directed to execute the Multi -
Jurisdictional Agreements attached hereto as Exhibits A and B.
PASSED by the City Council of the City of Pasco, Washington, as its regular meeting
dated this 6th day of October, 2014.
Matt Watkins, Mayor
ATTEST:
.�• � • �17:1�7���7��J75F
Debra L. Clark, City Clerk Leland B. Kerr, City Attorney
Exhibit A
FILED FOR RECORD AT REQUEST OF:
City of Pasco, Washington
WHEN RECORDED RETURN TO:
City of Pasco
525 North 3rd
Pasco WA 99301
MULTI4URISDICTIONAL AGREEMENT
BETWEEN
CITY OF PASCO, WASHINGTON
AND
PORT OF PASCO
Pretreatment Program Implementation
Enforcement Agreement
THIS AGREEMENT is entered into this day of , 2014, by and
between the City of Pasco, Washington, as the "Control Authority", hereinafter referred
to as "City'; and the Port of Pasco, as the "Contributing Jurisdiction ", hereinafter
referred to as "Port", and jointly referred to as the "Parties."
WHEREAS, the City owns and operates Publicly Owned Treatment Works
(POTW) with the capacity for treatment of industrial, commercial and residential
wastewater; and
WHEREAS, the Port leases buildings and properties within the Tri- Cities
Airport, Big Pasco Industrial Center, the Pasco Processing Center, and other properties
within the City of Pasco, hereinafter referred to as "Port Properties ", and in addition,
offsite commercial, public, and residential users may likewise contribute wastewater
through connections to the Port's wastewater facility which will be processed by the
City's POTW, collectively referred to herein as "users'; and
WHEREAS, the City has pursuant to RCW 90.48.165, been delegated authority
from the Department of Ecology for the issuance of permits for the discharge of wastes,
including the implementation and enforcement of regulations for the protection of its
POTW; and
Pretreatment Program Implementation
Enforcement Agreement - 1
WHEREAS, the City is authorized by RCW 43.21B.300 to assess penalties for
the violation of its regulations under its industrial discharge into its POTW for the
protection of the public and its POTW; and
WHEREAS, as a condition under 40 CFR Part 403 and Chapter 90.48 RCW,
the City and the Port must enter into a Multi - Jurisdictional Agreement whereby the
City's Wastewater Standards Ordinance is adopted and subjects the users upon the Port
property for compliance with the necessary pretreatment controls for discharge into the
City's POTW.
NOW, THEREFORE, in consideration of the mutual covenants contained
herein and other valuable consideration, the parties agree as follows:
Adoption of Standards.
A) The Port will adopt, directly or by reference, the City's
Wastewater Standards Ordinance codified ad Chapter 13.62 "Wastewater
Pretreatment Requirements" of the Pasco Municipal Code which shall be
applicable to and binding upon users within the Port Properties, including any
offsite users contributing to the wastewater facility treated by the City's POTW.
The Port will adopt its Wastewater Standards Ordinance on or before December
31, 2014.
B) Whenever the City revises its Wastewater Standards Ordinance,
it will forward a copy of the revisions to the Port. The Port will adopt revisions
to its Wastewater Standards Ordinance that are at least as stringent as those
adopted by the City. The Port will forward to the City for review its proposed
revisions within 90 days of receipt of the City's revisions. The Port will adopt
its revisions within 180 days of receiving approval from the City of the content
thereof.
C) The Port, by adoption by reference of the City's Wastewater
Standards Ordinance, adopts the City's pollutant specific local limits. If the City
makes any revisions or additions to its local limits, the City will forward to the
Port a copy of such revisions or additions within 30 days of enactment thereof.
The Port will adopt such revisions or additions within 180 days of receipt
thereof.
2. Designation for Enforcement and Implementation.
A) The Port designates the City as the agent of the Port for the
purpose of implementation and enforcement of the Port's Wastewater Standards
Ordinance upon the Ports Properties, as well as any user contributing to the
Pretreatment Program Implementation
Enforcement Agreement - 2
wastewater facilities subject to this Agreement. The City may take any action
under the Port's Wastewater Standards Ordinance that could have been taken by
the Port, including the enforcement of the ordinance in courts of law.
Jurisdiction and venue for the enforcement of the Wastewater Standards
Ordinance shall be placed in Franklin County, Washington.
B) The Port shall provide, on or before October 1, 2014, a listing of
all tenants within the Ports Properties and those users contributing to the
wastewater facilities subject to this Agreement; and, thereafter, provide a current
listing of such tenants on April 1 and October 1 of each year; thereby, providing
a current listing of all users contributing to the wastewater facilities.
C) The City, on behalf of and as agent for the Port will perform all
technical and administrative duties necessary to implement and enforce the
Port's Wastewater Standards Ordinance. The City will:
1) Update the industrial waste survey.
2) Issue permits to all users required to obtain a permit.
3) Conduct inspection, sampling, and analysis.
4) Perform enforcement activities.
5) Perform any other technical or administrative duties the
parties deem appropriate.
In addition, the City may take emergency action to stop or prevent any
discharge which presents or may present an imminent danger to the health or
welfare of humans, which reasonably appears to threaten the environment, or
which threatens to cause interference, pass through, or sludge contamination, or
other damage to the City's POTW.
D) If the City takes enforcement actions against any Port tenant or
user contributing wastewater to the facility, the City will also notify the Port of
said pending action.
3. Offsite User. Before an offsite user located outside the Ports Properties,
but connecting to a Port facility or a line subject to this Agreement is allowed to
discharge any wastewater into the lines which flow into the City's POTW, the Port and
City will enter into an agreement, or secure a binding user agreement for such
discharge. Such agreement will be substantially equivalent to this Agreement and must
be entered into prior to a discharge from any such user.
Pretreatment Program Implementation
Enforcement Agreement - 3
4. General Terms.
A) If any term of this Agreement is held to be invalid in any judicial
action, the remaining terms will be unaffected.
B) The parties will review and revise this Agreement to ensure
compliance with the Federal Clean Water Act (42 U.S.0 § 1251 et seq.) and
rules and regulations (see 40 CFR Part 403) issued thereunder, as necessary, but
at least once every six years on a date to be determined by the parties.
C) The City may terminate this Agreement by providing 120 days
written notice to the Port. All benefits and obligations under this Agreement
will cease following 180 days from receipt of such notice.
D) This Agreement allows the City and its employees, agents and
contractors to come upon the Ports Properties and take such actions as
reasonably necessary for the implementation and enforcement of the Wastewater
Standard Ordinance and this Agreement. During such events, each party agrees
to indemnify and hold harmless the other party, its employees, agents and
contractors from any and all claims that may arise from such actions due to the
negligent acts or omissions of its own employees, agents, and contractors.
E) If the authority of the City to act as agent for the Port under this
Agreement is challenged by a user in an administrative proceeding or court of
law, or otherwise, the Port will take whatever action is necessary to ensure the
implementation and enforcement of its Wastewater Standards Ordinance against
its users, including, but not limited to, implementing and enforcing its
Wastewater Standards Ordinance on its own behalf and/or amending this
Agreement to clarify the City's authority.
F) The Port hereby authorizes the City to seek reimbursement for
implementing and enforcing this sewer pretreatment program by directly
charging those participating Port Properties tenants for said costs and/or
recovering said costs through the user permits.
G) For the purpose of this Agreement, time is of the essence.
H) Should any dispute arise concerning the enforcement, breach or
interpretation of this Agreement, the parties shall first meet in a good faith
attempt to resolve the dispute. Any unresolved dispute shall be submitted to
arbitration. The dispute shall be submitted to a single arbitrator mutually agreed
by the parties. If the parties are unable to agree, the arbitrator shall be
Pretreatment Program Implementation
Enforcement Agreement - 4
determined by the Franklin County Superior Court, and arbitration shall be
conducted pursuant to RCW 7.04A, with both parties waiving the right to jury
trial in the event of a de novo appeal. Arbitration shall be conducted in Pasco,
Franklin County, Washington, and the costs of the arbitration shall be equally
borne by the parties, and the arbitrator shall award, as additional judgment
against the other, attorney's fees and costs to the prevailing party.
DATED this V, day of 201L4.
CITY OF PASCO
By:
Title:
ATTEST:
Debra L. Clark, City Clerk
APPROVED AS TO FORM:
Leland B. Kerr, City Attorney
Pretreatment Program Implementation
Enforcement Agreement - 5
PORT OF PASCO
By: a G,[
Title: &G
STATE OF WASHINGTON)
ss.
County of Franklin
On this day of 2014, personally appeared before
me for the City of Pasco,
Washington, described in and who executed the within and foregoing instrument, and
acknowledged 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
2014.
NOTARY PUBLIC in and for the State
Residing at
My Commission Expires
STATE OF WASHINGTON)
ss.
County of Franklin
Washington
On this -2 Ir day of bo , 2014, personally appeared before
me for the Port of Pasco, described in and
who executed the within and foregoing instrument, and acknowledged he /she signed the
same as his/her free and voluntary act and deed for the uses and purposes therein
mentioned
GIVEN under my hand and official seal this c; 66 day of 5,
2014. T-
V-L
,
NOTARY BLIC in and for the State of Washington
Residing at Fre-'V-.W
My Commission Expires Naye„-.la• \�`1
�4• Pv .•v•� •,i,
PUBLIC
ter,,'04"o OF VA90
, 19�i,••�4.. �.�°1,1`
Pretreatment Program Implementation
Enforcement Agreement - 6
RESOLUTION NO 1390
A RESOLUTION of the Port Commission of the Port of Pasco adopting by reference the
Pretreatment Regulations for discharges into the City of Pasco's domestic and industrial publically
owned wastewater treatment works.
Whereas the City of Pasco has adopted Ordinance No 4169, adopting a new Chapter of the
Pasco Municipal Code, entitled "Pretreatment Regulations," which pertains to discharges into the City
of Pasco's domestic and industrial publically owned treatment works (the "Ordinance "); and
Whereas the Ordinance requires all persons connected to the sanitary sewer or industrial sewer
collection systems to produce information, and to otherwise comply with the requirements of the
Ordinance; and
Whereas the Port of Pasco owns and leases properties within the City of Pasco located at Big
Pasco Industrial Center, the Marine Terminal, and the Tri Cities Airport (the "Port Properties ") subject
to the provisions of the Ordinance, and has entered into an multi jurisdictional agreement with the City
of Pasco in which the Port agrees to adopt the City of Pasco's wastewater standards ordinance; and
Whereas RCW 53.08.220 provides that a port district may formulate and adopt regulations for
the use of Port properties and facilities by tenants and others, after a hearing as provided by statute; and
Whereas the Port Commission on September 25, 2014 conducted a hearing on the regulations
hereinafter set forth after publication of the hearing in a legal newspaper of general circulation in the
ports district ten days prior thereto; now therefore
IT IS HEREBY RESOLVED that the Port of Pasco hereby adopts by reference as hereafter
amended the City of Pasco's Wastewater Treatment Requirements and all provisions thereof as set
forth in Chapter 13.62 of the Pasco Municipal Code (the "Wastewater Standards Ordinance "), which
shall be binding upon and applicable to users of Port Properties; and
IT IS FURTHER RESOLVED that the Port of Pasco hereby adopts by reference the City's
pollutant specific local limits as set forth in the City of Pasco's Wastewater Standards Ordinance; and
IT IS FURTHER RESOLVED that the Port of Pasco designates the City of Pasco as the agent
of the Port for the purpose of implementation and enforcement of this resolution upon the Port's
Properties, as well as any use contributing to the wastewater facilities subject to this resolution.
ADOPTED by the Board of Commissioners of the Port of Pasco on this 25" day of September,
2014 and duly authenticated in open session by the signatures of the Commissioners voting in favor
thereof.
PORT OF PASCO
Je4 Ryckman, Se etary
lc:
Exhibit B
FILED FOR RECORD AT REQUEST OF:
City of Pasco, Washington
WHEN RECORDED RETURN TO:
City of Pasco
525 North 3td
Pasco WA 99301
MULTI- JURISDICTIONAL AGREEMENT
BETWEEN
CITY OF PASCO, WASHINGTON
AND
PORT OF WALLA WALLA
Pretreatment Program Implementation
Enforcement Agreement
THIS AGREEMENT is entered into this day of 2014, by
and between the City of Pasco, Washington, as the—"Control Authority ", hereinafter
referred to as "City'; and the Port of Walla Walla, as the "Contributing Jurisdiction ",
hereinafter referred to as "Port", and jointly referred to as the "Parties."
WHEREAS, the City owns and operates Publicly Owned Treatment Works
(POTW) with the capacity for treatment of industrial, commercial and residential
wastewater and, by agreement of February 21, 2012, entered into an Interlocal
Agreement with the Port of Walla Walla for wastewater treatment and disposal services
serving commercial and industrial uses located within the Port's Burbank Industrial Park
and Burbank Business Park; and
WHEREAS, the Port leases buildings and properties within the Burbank
Industrial Park and Burbank Business Park, and in addition, offsite commercial, public
and residential users may likewise contribute wastewater through connections to the
Port's wastewater facility which will be processed by the City's POTW, collectively
referred to herein as "users "; and
WHEREAS, the City has pursuant to RCW 90.48.165, been delegated authority
from the Department of Ecology for the issuance of permits for the discharge of wastes,
Pretreatment Program Implementation
Enforcement Agreement - 1
., ,
including the implementation and enforcement of regulations for the protection of its
POTW; and
WHEREAS, the City is authorized by RCW 43.21B.300 to assess penalties for
the violation of its regulations for discharges into its POTW for the protection of the
public and its POTW; and
WHEREAS, as a condition under 40 CFR Part 403 and Chapter 90.48 RCW,
the City and the Port must enter into a Multi - Jurisdictional Agreement whereby the
City's Wastewater Standards Ordinance is adopted and subjects the users upon the Port's
Burbank Industrial and Burbank Business Park property, as well as those offsite users,
for compliance with the necessary pretreatment controls for discharge into the City's
POTW.
NOW, THEREFORE, in consideration of the mutual covenants contained
herein and other valuable consideration, the parties agree as follows:
1. Adoption of Standards.
A) The Port will adopt, directly or by reference, the City's
Wastewater Standards Ordinance codified as Chapter 13.62 "Wastewater
Pretreatment Requirements" of the Pasco Municipal Code which shall be
applicable to and binding upon users within the Burbank Business Park and the
Burbank Industrial Park including any offsite users contributing to the
wastewater treated by the City's POTW. The Port will adopt its Wastewater
Standards Ordinance on or before December 31, 2014.
B) Whenever the City revises its Wastewater Standards Ordinance,
it will forward a copy of the revisions to the Port. The Port will adopt revisions
to its Wastewater Standards Ordinance that are at least as stringent as those
adopted by the City. The Port will forward to the City for review its proposed
revisions within 90 days of receipt of the City's revisions. The Port will adopt
its revisions within 180 days of receiving approval from the City of the content
thereof.
C) The Port, by adoption by reference of the City's Wastewater
Standards Ordinance, adopts the City's pollutants specific local limits. If the
City makes any revisions or additions to its local limits, the City will forward to
the Port a copy of such revisions or additions within 30 days of enactment
thereof. The Port will adopt such revisions or additions within 180 days of
receipt thereof.
Pretreatment Program Implementation
Enforcement Agreement - 2
2. Desienation for Enforcement and Implementation.
A) The Port designates the City as the agent of the Port for the
purpose of implementation and enforcement of the Port's Wastewater Standards
Ordinance at the Burbank Business Park and Burbank Industrial Park, as well as
any user contributing to the wastewater facilities subject to this Agreement. The
City may take any action under the Port's Wastewater Standards Ordinance that
could have been taken by the Port, including the enforcement of the ordinance in
courts of law. Jurisdiction and venue for the enforcement of the Wastewater
Standards Ordinance shall be placed in Franklin County, Washington.
B) The Port shall provide, on or before October 1, 2014, a listing of
all tenants within the Burbank Business Park and Burbank Industrial Park and
those users contributing to the wastewater facilities subject to this Agreement;
and, thereafter, provide a current listing of such tenants, within thirty (30) days,
of the entry or connection of users and any terminating users; thereby, providing
a current listing of all users contributing to the wastewater facilities.
C) The City, on behalf of and as agent for the Port will perform all
technical and administrative duties necessary to implement and enforce the
Port's Wastewater Standards Ordinance. The City will:
1) Update the industrial waste survey.
2) Issue permits to all users required to obtain a permit.
3) Conduct inspection, sampling, and analysis.
4) Perform enforcement activities.
5) Perform any other technical or administrative duties the
parties deem appropriate.
In addition, the City may take emergency action to stop or prevent any
discharge which presents or may present an imminent danger to the health or
welfare of humans, which reasonably appears to threaten the environment, or
which threatens to cause interference, pass through or sludge contamination, or
other damage to the City's POTW.
Pretreatment Program Implementation
Enforcement Agreement - 3
r
D) If the City takes enforcement actions against any Port tenant or
user contributing wastewater to the facility, the City will also notify the Port of
said pending action.
3. Offsite User. Before an offsite user located outside the Burbank
Business Park and/or Burbank Industrial Park, is allowed to discharge any wastewater
into lines which would flow into the City's POTW, the Port and the City will enter into
an agreement, or secure a binding user agreement for such discharge. Such agreement
will be substantially equivalent to this Agreement and must be entered into prior to a
discharge from any subsequent user.
4. General Terms.
A) If any term of this Agreement is held to be invalid in any judicial
action, the remaining terms will be unaffected.
B) The parties will review and revise this Agreement to ensure
compliance with the Federal Clean Water Act (42 U.S.0 § 1251 et seq.) and
rules and regulations (see 40 CFR Part 403) issued thereunder, as necessary, but
at least once every six years on a date to be determined by the parties.
C) The term of this Agreement shall be commensurate with the term
of that Ineerlocal Agreement for wastewater treatment and disposal services
between the City and Port commencing upon the full execution of this
Agreement, together with the adoption of the City's Wastewater Ordinance on or
before December 31, 2014, and terminate as provided in Section 9 of the
Interlocal Agreement.
D) This Agreement allows the City and its employees, agents and
contractors to come upon the Port's Burbank Park and Burbank Industrial Park
properties and take such actions as reasonably necessary for the implementation
and enforcement of the Wastewater Standard Ordinance and this Agreement.
During such events, each party agrees to indemnify and hold harmless the other
party, its employees, agents and contractors from any and all claims that may
arise from such actions due to the negligent acts or omissions of its own
employees, agents, and contractors.
E) If the authority of the City to act as agent for the Port under this
Agreement is challenged by a user in an administrative proceeding or court of
law, or otherwise, the Port will take whatever action is necessary to ensure the
implementation and enforcement of its Wastewater Standards Ordinance against
its users, including, but not limited to, implementing and enforcing its
Pretreatment Program Implementation
Enforcement Agreement - 4
Wastewater Standards Ordinance on its own behalf and/or amending this
Agreement to clarify the City's authority.
F) The Port hereby authorizes the City to seek reimbursement for
implementing and enforcing this Wastewater Standard Ordinance by directly
charging those participating tenants or users for said costs and/or recovering said
costs through the user permits.
G) For the purpose of this Agreement, time is of the essence.
H) Should any dispute arise concerning the enforcement, breach or
interpretation of this Agreement, the parties shall first meet in a good faith
attempt to resolve the dispute. Any unresolved dispute shall be submitted to
arbitration. The dispute shall be submitted to a single arbitrator mutually agreed
by the parties. If the parties are unable to agree, the arbitrator shall be
determined by the Franklin County Superior Court, and arbitration shall be
conducted pursuant to RCW 7.04A, with both parties waiving the right to jury
trial in the event of a de novo appeal. Arbitration shall be conducted in Pasco,
Franklin County, Washington, and the costs of the arbitration shall be equally
borne by the parties, and the arbitrator shall award, as additional judgment
against the other, attorney's fees and costs to the prevailing party.
IN WITNESS WHEREOF, the undersigned are authorized to sign this
Agreement on the date and year first written above.
CITY OF PASCO PORT OF W LA WALLA
By: By: / ! "
Title: Title: Z1 let. Wt. )YxY -laf
ATTEST:
Debra L. Clark, City Clerk
APPROVED AS TO FORM:
Leland B. Kerr, City Attorney
Pretreatment Program Implementation
Enforcement Agreement - 5
STATE OF WASHINGTON)
ss.
County of Franklin )
On this day of 2014, personally appeared before
me for the City of Pasco,
Washington, described in and who executed the within and foregoing instrument, and
acknowledged 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
2014.
NOTARY PUBLIC in and for the State of Washington
Residing at
My Commission Expires
STATE OF WASHINGTON)
: ss.
County of Warn \6o ft )
On this 2kq day of 2014, personally appeared before
me ,) mo rrh. , fYf--rt. +iue Zki r+rr for the Port of Walla Walla, described
in and who executed the within and foregoing instrument, and acknowledged he /she
signed the same as his/her free and voluntary act and deed for the uses and purposes
therein mentioned
GIVEN under my hand and official seal this 'AR day of}err�ec ,
2014.
ttp1n1i1p11i
e�.SANp1o., y �(�4I �� 0c�
MSarop6`9 %. NOTARY PUBLIC in and for the State of Washington
�OTAgp9N(P Residing at 1 qcL nlln u)IAgq (,a.
My Commission Expires Oa /IA /�n18
,pUBI \G 0; 2
Pretreatment Program Implementation
Enforcement Agreement - 6
AGENDA REPORT NO. 28
FOR: City Council � September 25, 2014
.: %
TO: Dave Zabell, City Manager ,� -y /
Ahmad Qayoumi, P.E., Public Works Director
Workshop Mtg.: 9/29/14
FROM: Michael A. Pawlak, PE., City Engineer Regular Mtg.: 10/6/14
SUBJECT: Sole Source Purchase WTP Intake Equipment
I. REFERENCE(S):
1. WTP Intake Equipment - Proposed Resolution
2. WTP Intake Equipment - Price Quote
3. WTP Intake Equipment — Memo
4. WTP Intake Equipment — Vicinity Map
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
9/29: DISCUSSION pay
10/06: MOTION: I move to approve Resolution No. 3S waiving
competitive bidding requirements for intake equipment for the
water treatment plant.
III. FISCAL IMPACT:
Water Rates - $122,500 (90% Cost Estimate + 20% Contingency Fee)
IV. HISTORY AND FACTS BRIEF:
A) The existing raw water intake for the Butterfield Water Treatment Plant (WTP) is located
on the Columbia River near the Cable Bridge. The intake building houses one traveling
screen to remove debris before the raw water is piped to the Butterfield Water Treatment
Plant for processing. The existing traveling screen has been operating in its current
location for nearly 60 years.
B) On September 16, 2013, Council awarded a Professional Services Agreement (PSA) to
R112 Engineering, Inc., authorizing the retrofit design of the Butterfield WTP raw water
intake facility.
C) Upon completion of the 3 -D scanning and modeling effort, it became evident that a retro-
fit of the Butterfield traveling screen system would not be a viable option due to current
Washington Department of Fish and Wildlife (WDFW) and National Marine Fisheries
Service (NMFS) regulations that severely restrict screen mesh size and flow velocity
through the screens, resulting in significantly diminished capacity per traveling screen.
An alternate intake method, similar to the West Pasco WTP barrel screens, was then
selected as the best retro -fit option for the Butterfield raw water intake facility.
D) On March 24, 2014, Council authorized Amendment No. 1 to revise RH2's PSA with
respect to the new Butterfield WTP barrel screen intake facilities.
V. DISCUSSION:
A) The in -water work window, determined by WDFW and NMFS, is from January 1 —
February 28, 2015.
B) Johnson Screens, founded in St. Paul, Minnesota, is now a global, company and
recognized leader in the screening industry. Johnson Screens does business as Bilfinger
Water Technologies, hie.
C) Johnson screens are a superior product with advanced finite element designs, hundreds of
reliable installations, and over 100 years of innovation and technology behind them.
D) The manufacturing lead time for the screens and HydroburstTM cleaning system is
approximately 12 to 14 weeks. Also, depending upon when orders are received and the
holiday schedule, the manufacturer advised there could be an additional 3 -4 weeks of
lead time.
E) In order to ensure the screens are on -site during the work window, the City needs to
purchase the screens and HydroburstTM system in advance of the award of the
construction contract to install the screens and HydroburstTM system.
F) Staff recommends the purchase of two (2) 17 MGD Barrel Screens and one (1)
HydroburstTM air cleaning system from Bilfmger Water Technologies, Inc., as a sole
source supplier due to the efficiencies and quality of the product.
3(h)
RESOLUTION NO. 00
A RESOLUTION WAIVING COMPETITIVE BIDDING REQUIREMENTS FOR THE
PURCHASE OF TWO (2) 17 MILLION GALLON PER DAY (MGD) BARREL SCREENS AND
ONE (1) HYDROBURSTTM AIR CLEANING SYSTEM FROM BILFINGER WATER
TECHNOLOGIES, INC., AND AUTHORIZING THE PURCHASE.
WHEREAS, the existing Butterfield raw water traveling screen must be
replaced with an alternate intake method, and
WHEREAS, the City is now considering the purchase of an intake system
similar to the one in use at the West Pasco Water Treatment Plant (WTP), and
WHEREAS, the City has evaluated the performance of the proposed barrel
screens and HydroburstTM air cleaning system from Bilfinger Water Technologies, Inc.,
and found it capable of providing the Butterfield WTP with a reliable supply of raw
water while meeting current Washington Department of Fish and Wildlife (WDFW)
and National Marine Fisheries Service (NMFS) regulations, and
WHEREAS, the purchase of barrel screens and a HydroburstTM air cleaning
system will allow the City to reduce the costs of operation, maintenance and repair at
the Butterfield raw water intake facility, and
WHEREAS, pursuant to RCW 39.04.280, Bilfinger Water Technologies, Inc., is
the sole source of barrel screens and a HydroburstTM air cleaning system, capable of
supplying the Butterfield intake facility while meeting current WDFW and NMFS
regulations, thereby allowing the City to retrofit the non - compliant traveling screen;
NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO,
that the City Council does hereby declare that the purchase of barrel screens and a
HydroburstTM air cleaning system is clearly and legitimately limited to a single source
of supply, and that the sole source of supply is Bilfinger Water Technologies, Inc., and
BE IT FURTHER RESOLVED, that the competitive bidding requirements for
the City of Pasco are hereby waived and the Pasco Public Works Department is
authorized to purchase two (2) 17 MGD Barrel Screens and one (1) HydroburstTM air
cleaning system from Bilfinger Water Technologies, Inc., for an amount not to exceed
the sum of $122,500.
PASSED by the City Council of the City of Pasco this 6th day of October, 2014.
Matt Watkins
Mayor
ATTEST:
Debra L. Clark
City Clerk
APPROVED AS TO FORM:
Leland B. Kerr
City Attorney
Bilfinger Water Technologies, Inc.
1950 Old Hwy 8 NW
New Brighton, MN 55112
Tel no: 1 -800- 833 -9473
Fax no 651 - 638 - 3132
f
r ,
BiLFINGER
Number /Date 20005105 / 09/15/2014
Reference no. /Date Pasco, WA
Sold -To 10004012
Validity period 0 911 5/2 01 4 to 11/17/2014
Sales person name Mark Watson
Entered by Linda S Cook
We deliver according to the following conditions:
Currency USD
Terms of payment: Within 30 days without deduction
Terms of delivery: FCA New Brighton, MN
Shipping conditions: US: Prepaid
Item Material Qty UOM Price Value
Description
000010 2.000 EA
Johnson T -42HCE Intake Screen
T -42 High Capacity Extended Intake Screen
Wire: #69
Slot: .067"
Material: 304 stainless steel
Air Backwash Connection: 4"
Flaw: 12,500 GPM/ Screen has under
.4 ft/sec max approach slot velocity
Depth: 20 Ft
Outlet: Flange pattern to match AWWA C -207
class D 36" with outlet pipe
End Closures: Dished Head X End Cone
HYDROBURSTSYSTEM:
Based on an air line distance of 150 feet and a
screen depth of 20 feet you would need a 620
gallon air receiver tank with 4" air lines.
24,500.00 USD 49,000.00
Doc. no. /Date
20005105 / 09/15/2014
Page
2
Item Material Qty UoM Price Value
Description
Standard System:
Price of $45,000.00
System would include the following
- 620 gallon ASME coded for 200 PSIG MWP
-15 HP splash lubricated reciprocating type
compressor with motor starter
- Two (2) 4" lug style butterfly valves with a 225
PSIG MWP, spring return to close pneumatic
actuator, single solenoid control valve with
manual override and position indicator with
mechanical limit switches.
- Control panel for manual, automatic timer
controlled or remote actuation of the air backwash
system.
PLC System:
Price of $70,000.00
System would include the following:
Same as above except
- Control panel would include a standard PLC
Bilfinger Water Technologies Intake Screens
are covered by one or more of the following
patents - #6,051,131; #6,712,959; #8,297,448;
and other patents pending.
SHIPMENT ON INTAKES:
2 -3 Wks for drawing submittals
6 -8 Wks after drawing approval, subject
to manufacturing capacity
SHIPMENT ON HYDROBURST:
3-4 Wks for drawing submittals
14 -16 Wks after drawing approval, subject
to manufacturing capacity
Items total 49,000.00
Tax Jur Code Level 1 0.000 49,000.00 0.00
Final amount 49,000.00
Dished
Head End Lifting Lugs
(Used on Flat Plate as Required
Larger End
Screens) DAL
111 IJI
CL to ill I'
Ian e i
Conical Debris
Deflector
I�
it OD
11�
Screen Cylinders
itlet Size:
Met plate flange to match
VWA class D
Flange bolt holes stradle
centerlines unless otherwise
specified
Dimension/Sizes
41- 3..000
ABW Size:
Location and
Comments
geometry of ABW
T42HCE
flange can be
H rostalic Load
changed to
match installation
42.110
requirements.
Qo
Conical Debris
Deflector
I�
it OD
11�
Screen Cylinders
itlet Size:
Met plate flange to match
VWA class D
Flange bolt holes stradle
centerlines unless otherwise
specified
Dimension/Sizes
VaIUQ----T
Unit
Comments
Model
T42HCE
in
H rostalic Load
OD
42.110
in
Nominal See note 1
DAL
152.00
in
Nominal See note 1
CL to Flange
42.00
in
Nominal Sea note 1
Outlet Connection Sin
36PS
Sea note 2
ABW Connection Size
4PS
See note 2
Estimated Weight
2300
Ibs
Left End Closure
Dished
Right End Closure
Cone
Screen Specifications
The concepts and assemblies shown should be considered
proprietary and should not be copied, redistributed without the
Slot Opening
0.067
in
H rostalic Load
Open Area Percentage
48.55%
1psi,
Approach Slot Velocity
LID Ratio
1.050
1
ISS or 2 -Alloy
Effective Screen Length
44.25
in
Thru dean screen surface only-See note 4
Wire Type
69
Through entire clean assembly - See note 4
Desi n:
The concepts and assemblies shown should be considered
proprietary and should not be copied, redistributed without the
De th
20
IFt
H rostalic Load
Collapse Rating
8.67
1psi,
Approach Slot Velocity
Material
1 304
1
ISS or 2 -Alloy
Flow Capacities:
The concepts and assemblies shown should be considered
proprietary and should not be copied, redistributed without the
Flow /Screen
12500
GPM
Sea note 3
Maximum Slot Velocity
0.40
s
Approach Slot Velocity
Average Slot Velocity
0.36
fps
Approach Slot Velocity
Estimated DP /Screen
0.0093
psi
Thru dean screen surface only-See note 4
Estimated DP/Assy
1950 Old Hwy. 8, New Brighton, MN 55112
Through entire clean assembly - See note 4
Notes:
1 Dimensions shown are nominal. All screens are made to order, and can
be adapted to a wide variety of installation requirements.
PATENT*
#4,US1,131
2 These are based on the size or the connecting and abw pipe and may
vary from the values listed in the technical brochure.
The concepts and assemblies shown should be considered
proprietary and should not be copied, redistributed without the
3 Capacities based on use of patented Johnson Bow modifier design.
permission of US Filter /Johnson Screens. All dimensions are
preliminary, changes may be made and can effect final price and
4 Pressure drops below .1 psi should be considered an order of
confgufali
magnitude only, as testing dale for these low values is not available.
Ly
Model T42HCE
91mNGEe
Preliminary Intake Screen Specification
1950 Old Hwy. 8, New Brighton, MN 55112
Pasco, WA
Date:
Memo
Public Works Department
Engineering Division
To: Dave Zabell, City Manager
Ahmad Qayoumi, PE, Public Works Director
(From: Michael A. Pawlak, PE, City Engineer
Date: September 22, 2014
Re: Barrel Screen/HydroburstTM System Equipment —Sole Source
Introduction. The existing raw water intake for the Butterfield Water Treatment Plant (WTP) is
located on the Columbia River near the Cable Bridge. The intake building houses one traveling
screen to remove debris before the raw water is piped to the Butterfield Water Treatment Plant for
processing. The existing traveling screen has been operating in its current location for nearly 60
years and has been repaired on numerous occasions. An inspection of the existing traveling screen,
conducted during a recent repair effort, revealed the poor physical condition of the screen. Public
Works Department, concerned with a potential water shortage, in the event of a catastrophic screen
failure, retained an outside consultant to perform a retrofit design of the existing screen and add a
second traveling screen in the vacant adjacent slot.
Evaluation. Upon completion of the consultant's initial design effort, it became evident that a retro -fit
of the Butterfield traveling screen intake system would not be a viable option. Although the City's
current use of the existing screen is grandfathered in, the screen is considered functionally obsolete
and does not meet current Washington Department of Fish and Wildlife (WDFW) and National
Marine Fisheries Service (NMFS) regulations that define screen mesh size and flow velocity through
the screens. Any major refurbishment or new installation would be required to meet current
standards, resulting in a significantly diminished traveling screen capacity that would not be able to
meet the current intake needs of the Butterfield WTP. An alternate intake method, similar to the West
Pasco WTP barrel screens, was then selected as the best retro-fit option for the Butterfield raw water
intake facility. The City then met with representatives from the United States Army Corps of
Engineers (USAGE) and WDFW at the intake structure to discuss the proposed barrel screen
improvements. USACE and WDFW were both supportive of the proposed design and indicated it
qualifies as a maintenance project with very minor impacts and is an improvement for fish and the
environment. The current approved 2014 Public Works Department Capital Improvements budget
includes a line item for the replacement of this equipment.
Recommendation. Staff recommends that the City of Pasco sole source the purchase of two (2) 17
MGD Barrel Screens and one (1) HydroburstTm air cleaning system from Bitfinger Water
Technologies, Inc. (Bilfinger) for future installation at the Butterfield WTP raw water intake facility due
to long lead times associated with the manufacturing of the barrel screens and hydroburst equipment,
• Page 1
and the highly restrictive in -water work window. Public Works proposes to pre - purchase this
equipment in October 2014 so it is on site by early to mid - February 2015.
This request to sole source the purchase of specific equipment is recommended based on the
following points and in the Responses to the Sole Source Worksheet Questions section below:
• The In -Water work window for the portion of the project requiring work within the Columbia
River, as determined by WDFW and NMFS, is from January 1 — February 28, 2015.
• Johnson Screens, founded in St. Paul, Minnesota, is now a global company and recognized
leader in the screening industry. Johnson Screens does business as Bilfinger Water
Technologies, Inc.
• Johnson (Bilfinger) screens are a superior product with advanced finite element designs,
hundreds of reliable installations, and over 100 years of innovation and technology behind
them.
• The manufacturing lead time for the screens and HydroburstTM cleaning system is
approximately 12 to 14 weeks. Also, depending upon when orders are received and the
holiday schedule, the manufacturer advised there could be an additional 3 -4 weeks of lead
time.
• In order to ensure the screens are on -site during the work window, the City needs to
purchase the screens and HydroburstTM system in advance of the award of the construction
contract to install the screens and HydroburstTM system.
• The construction contract for the installation of the pre - purchased equipment, and all
additional upgrades and improvements within the intake structure, including the proposed
electrical and telemetry improvements, will go through the normal public bid advertising and
bid opening process in October and November 2014, and will culminate with selection of the
contractor and issuance of the Notice to Proceed in December 2014.
Responses to the Sole Source Worksheet Questions. The following are responses to the Sole
Source Worksheet developed by the City Attorney for the purposes of ensuring that a reasonable
and rationale evaluation is conducted in accordance to WA State Law for these types of purchases.
1. Please describe the items and its function:
Two (2) raw water intake stainless steel barrel screens, each with a capacity of 17 MGD, to
restore the physical capacity of Butterfield WTP. One (1) HydroburstTm air cleaning system to
provide automatic cleaning of the barrel screens with compresserd air.
2. This is a sole source because:
❑O Sole provider of a licensed or patented good or service.
❑x Sole provider of goods or services that will meet the specialized needs of the City or
perform the intended function.
3. What necessary features does this vendor provide which are not available from other
vendors?
Bilfinger Water Technologies intake screens have a patented flow modifier design covered by
three U.S. patents that distribute and maintain uniform velocities across and around the barrel
screen surface. The uniformity of velocities is the key to protecting juvenile and adult
anadromous fish under the Endangered Species Act in the Columbia River system. The flow
modifier was developed using a finite element, computational fluid dynamics analysis and
laboratory testing that is state -of- the -art and unique in the industry. This screen manufacturer
has been constructing screens for over 20 years with hundreds of installations and has an
ISO -9000 certified quality assurance program. The Bilfinger hydroburst system provides an
automated self - cleaning system, compatible with the City of Pasco's PLC control system and
• Page 2
capable of creating a complete system classified by National Marine Fisheries Service
(NMFS) in the Anadromous Salmonid Passage Facility Design Manual (February 2008) as
an active screen that allows approach velocities of 0.4 feet per second and a corresponding
smaller total surface area of intake screen.
4. What steps were taken to verify that these features are not available elsewhere?
O Other brands /manufacturers were examined.
• Hendricks Screen — 3074 Medley Road, Owebsburg, KY, 42301
Only other manufacturer with the ability to manufacture higher capacity intake
screens. The screens distribute flow differently than Bilfinger's: using a pipe
distributor (a pipe with holes going through the full length of the screen section).
Bilfinger has evaluated this design approach in the past, but uses the open pipe
approach as there is less risk for internal screen plugging and head losses through
the screen are less.
• Concord Screen —1311 Kerrisdale Blvd, Newmarket, Ontario, Canada UY 8Z8
Concord manufactures screens with screens on the end of the barrel to increase flow
capacity instead of a solid piece that deflects fish and debris. Bilfinger does not
believe the internal structural design is sufficient to ensure flow (and velocities) are
evenly distributed along the screen surface.
• Pump Rite Screens — 93780 Hwy. 99 S., Junction City, OR, 97448
Developed specifically for shallow pumping conditions (1 to 2 feet of water). Standard
wire thickness and screen openings do not meet NMFS requirements for the City.
• Riverscreen —1919 Kiowa Road, Clay Center, KS, 67432
Ideal for smaller applications and shallow pumping conditions (less than 1 foot of
water). Screens float near the water surface and are partially submerged. Pontoons
and the top of the screen are located above the water surface. Manufactured
specifically for pivot irrigation systems.
5. Sole source vendor certifies that the City is getting the lowest price offered for this
item.
Bilfinger has manufactured similar sized screens for other municipalities in the past 5 years.
A summary of the screen properties and cost per screen is below. As can be seen, the cost
to the City is competitive compared to similar barrel screen and HydroburstTA° packages
manufactured by Bilfinger. Invoices from these other projects are attached for reference and
backup documentation.
Project
Year
Screen
No.
Screens
per
screen
HydroburstTM
$$$$
Size
Pasco, WA
2014
T -42HCE
2
24,500
620 Auto
45,000 (std.)
Randall Lake
2011
T -42HC
4
23,700
620 Auto
47,700
Coosa Valley, AL
2010
T -42HC
1
20,400
620 Auto *
55,608
Taunton, MA
2008
T -42HCE
1
25,400
620 Manual
18,700
Kentucky Pool
1 2009
1 T -42HC
1 3
22,500
620 Auto **
1 48,000
The Hydroburst on Coosa Valley had some additional customer required features
"This was a duplex compressor system but only 5 HP where the others are mostly 15 HP
single compressors
• Page 3
Print Document
SHIP TO: 2804912
RANDALL LAKE RAW WATER PUMP
DENISON TX 75020
UNITED STATES
�5
540
0ohnsonweenr
w— aaea09ptµo'0
REMIT TO:
JOHNSON SCREENS, INC.
P O BOX 203137
HOUSTON TX 77216
UNITED STATES
INVOICE
Invofw Nvmaw: 7747449 M
IAvoim Date:
DEC 192011
Ordar Numewr.
691300080
Orber Data:
SEP 022011
Caslomsr PO:
2011412.10010230.2
Lxs9m:
13001 NEW BRIGHTON
Ph.0 No.:
B00.B334473
Fu No:
SS1.B 177
Saks Parses:
WATSON, MARK
Page 19 of 27
PAGE
1 oft
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" ORDER0 BY .,
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JAN 18 2012
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HARVEY• STEPHANIE D
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SNIP ra. 2e04e9
RANDALL LAKE RAW WATER PUMP OhnSO lscreens
"'-- AVYm7gI0sd Oxr00iry
DENISON TX 75020
'
UNITED STATES
REMITTO:
�v
I
JOHNSON SCREENS INC
7
�G
PO BOX 203137
209142.180902 2
NT
HOUST NTT T 77290
8
UNIJW
60DA33-94M
Fez N0-:
INVOICE
1.wN. Number. 5144364 RI
InvNca Dale:
APR 252012
Ord*/ Numbw:
6593006 50
Order Da W:
SEP022011
Customer PO:
209142.180902 2
L0 I0n:
13001 NEW BRIGHTON
Ph.* NO.:
60DA33-94M
Fez N0-:
651.6360177
Saba Pesa00:
WATSON, MARK E
Page 3 of 27
PAGE
9019
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5
Doh
SHIP TO: 2564649
kloh 1S®nmeew
awanta Gw,al
RAGLAND AL 35131
lnvdce Dale!
UNITED STATES
Older Namher
seen" 90
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J
V JOHNST ON SCREENS, INC.
P 0 BOX 203197
1007 405
Location:
HOUSTON TX 77216
Phan No.:
600.9334473
UNITED STATES
INVOICE
Imdu Nvm6ar: 6193920RI
lnvdce Dale!
DEC W 2010
Older Namher
seen" 90
ON4f Data•.
AUG 272090
CDUOmeY PO:
1007 405
Location:
13001 NEW BRIGHTON
Phan No.:
600.9334473
FaXNw:
651.638-3171
Sala6 Person:
WATSON. MARK E
Page 3 of 22
PAGE
1 aft
TERMS
NETDIIE DATE
ORDERLD.B9
.ENTERED BY
MW 30 days
JAN292Dll
ASCHMIDT
GUY, OEBORAHA
_ 3HRPING TERMS
SHIPPING INSTRUCTIONS -
F.XW Fx YYark9
BEST WAY.SEE NOTFS PPD
..1JNE-
NO.,
REV NUMBER
DESCRIPTION
11DM
QTY
SNIPPED
UNIT
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E14T A
POLE '
. T!X•
PLE4SECALL 4SNOURS BEFOREALL OFUU96ES
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20,400.0000
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5.000
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Skip Date: 0EC302010
6,000
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EA
1.00
29.400X060
20AW.0
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INTAKE. TEE- 4236PLAYUi TE41.D-300.1263Di69SS
Wak Oltlec 33989929
SNp Date: OEC 302010
............. SALES TAX SUMMARY —..........
SC AL 4AW
2.384,00
Co: STCLNR 2.90 '
1,162.0
Cr RAGLAND 2AW
1.1920
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SUBTOTAL
59,6W.W
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TOTAL -(USD)
64,360-00
KnnV nwFwrn»r»9
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t' culo TO: 2564649
RAGLAND AL 36131
UNITEDSTATES
fft rob-151
'4dk�'r
Page 7 of 22
JOr1115f11=eene
NET DUE DATE
PAGE
1011
.AN91n�np4cPaan
INVOICE
APR 232011
+ °-
lnvalm Number.
6955M RI
SHIPPING INSTRUCnD61S
IBESTWAY
Bevels Delp:
MAR242011
N
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594462650
RMT TO:
ON90r Dale:
AUGn W10
JOHNSON SCREENS, INC.
Cuslaner PO:
1667-065
P O SOX 2D3137
I IOUSTON TX 77216
Lpceupn:
13009 NEW BRIGHTON
UNRED STATES
Pbmre He.:
IM0. 9473
PLEASE CALL 48 HOURS 116MRE ALL DEUYERIES
Fax No.:
651.63"77
SaNs Person:
WATSON. MARK
TERNS
NET DUE DATE
ORDERED 93Y
ENTERED BY
Ned 30 dap
APR 232011
ASCHMIDT
GUY. DEBORA"A
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P
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2AW
Lyaaq 0. 17585M Pan #. 175815,.
EA
1.00
55.808.0000
55.608.00
Y
HYOM,8U 15LHP6266NLHORD 24.0048X64
Skip Data: MAR 242011
.............SALES TAX SUMMARY .............
SC AL 4.000
2.22432
CW STC9AIR 2.000
1.112.18
OX RAGLAND 2.000
1.112.18
btmwp Saaam&Wp1L9 pMw6Ni4MNY . ®Nrrpn pf e6AMe.' 4 oa SCmnv, In<J r91 PevWe 9r.puarre4 5U8TOTAl
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6.918.86
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mCM.. PIWFMCNiVM.alTaWvmrnrvvMMVc
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91 PRECINCT STREET
UXEVILUE MA 02347
UNITED STATES
Ulu-hnsonweew
AW9MMOGOWOW
REMITTO:
JOHNSON SCREENS. INC-
P 0 BOX 203137
HOUSTON TX 77215
UNITED STATES
INVOICE
Invoke Number, 4239210 RI
Invoke Da.:
F 2020p8
0r 11.1k,
3605670 SO
O,0« DM:
SEP 272007
C..I., PO;
Hn"I
L.0w
IMI NEW BRIGHTON
Porone NO.:
800.M9473
UOIA
Saks
WATSON. MMK E
Page 3 of 20
PAGE
I oil
TERMS
NET DUE DATE
ORDERED W
BY
CASH IN ADVANCE
FES202008
HAYWARD
GUY, DEBORAHA
SAIP04
SHIPPING wpjrRq4;Ti6"8
EXW Fx Waft
jBESTWAYPPD
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J,96641
1111�
MENDED
DESCRIPTION
'—PRItE-
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............................ ...............................
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D&C COns011rJbn (R,9 9 04-2057181)
2.=
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EA
1.0
25.400J)000
25.Q0.00
y
W,l* Oder: I8024721
SNp Data FES 20
............. SALES TAX SUMMARY .............
St: MA 5J=
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25,400.00
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91 PRECINCT STREET
LAKEVILLE MA 02347
UNITED STATES
t�400
Page 1 of 20
TERMS
HETDUEDATE
PAGE
uohns n=ew$-
CASH IN ADVANCE
of l
AWB11kNIXa CW0W
INVOICE
- SHIPPUIG TERMS
SHIP%NGINSTRUCTIONS. -
Invoice Number:
4636807 RI
UNE
M,,910 Oale:
JUL 212008
UOM
Oltler Nnmbm:
3505879 SO
REMIT TO:
Orhr Sale:
SEP 27 MOT
JOHNSON SCREENS. INC.
Cuetewer PO:
11330.01
P O BOO 203137
PRICE
PRICE
YX 7
HOUSTON TX 7 7215
oc
La89n:
13001 NEW BRIGHTON
UNITED STATES
8011.63"173
F.
Fax N9.:
aS1.fi38 -3717
Wafer TmaMwal MW I7pprade Pml09T H9: OWSRE -2953
_ .............» .......... I ........... ..... ..... . _. _...
Sates Person:
WATSON, MARK E
TERMS
HETDUEDATE
ORDERED BY
ENTEREDBY
CASH IN ADVANCE
JUL 212008
JiAYWAii
GUY, DEBORAH
- SHIPPUIG TERMS
SHIP%NGINSTRUCTIONS. -
EXW Ex Works
BEST WAY PPD
UNE
ITEM
'DESCRIPTION
NUMBER
UOM
OTY
UNIT`
EXTENDED
TAX
NO.
SHIPPED
PRICE
PRICE
Prwe C/ry of Tw ftm NaBSactivsellc
Wafer TmaMwal MW I7pprade Pml09T H9: OWSRE -2953
_ .............» .......... I ........... ..... ..... . _. _...
Caeca t Exempl Porous. CW &We:
WCCmisbu fiw(ae9a04-21157181)
3.000
Lepacy6: 1180797 PWO. IIW787
EA
1.00
18,700A000
18.700.00
N
HYDRO, BURST i0AHP6MGALi1OR2 1.5.00 NO SKID
Ship [W.; JUL212008
f91wp15oeem lix3utinp w1)- wb16pT,4iwfm or If4afe Ol JaNUan $ueaa MC.l ri PeakelM R9rxiletl
311STOTAL
18,700.00
pulpma4.mgWMfmgrvkes l9 dw OUlania. SW1 pnNWn slWl pa yoWM9 hY Vw 71/71.8 ehmw
pue hY mfA wa uaromu vw an alfw MJM�w�Sgaeru'. MlM erns NerY &mae[h e1) 1.
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SALES TAX
0.99
IaRL1�we 8714 [4rWNOv WN ha y10VICa0wIMNApnw Yppr1109up1. No1WiUnrMSug artyYin9la IIM
e9npan.IMtoINlbNilY Ol JOluaen sereunfM4 eere.9x41M..m valve a Vro 9ankJx Or9er.
TOTAL AMD)
181700.00
fS9NJAaFBe W 110I1 fgm$tape 3la 9Se}9e CCB.yS AkI.
f91asm
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Print Document
SNIP TO: 2065191
POOL,3 WATER TRFATNacNT PLANT
OWENTON KY 41)359
UN17EDSTATES
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A WeaNttbNCo01D3M
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UNITEDSTATES
Page I of 26
_ - TERMS
PAGE
ORDEREDI
Or I
INVOICE
MAR 19 2009
Invoice Number:
5204984 RI
Invoice Date:
FEB 172009
Order Number:
4230016 SO
Order Dale:
JUL 02 WOO
Cvmom<r PO:
1OD03P0015
Location:
13001 NEW BRIGHTON
phone No.:
800.8338473
Fax NO.:
dS1$3 &3171
Sales Person:
WATSON, MARK E
_ - TERMS
NETOUEOATE
ORDEREDI
ENTERED DY
Net 30 days
MAR 19 2009
I
I GUY. DEBORAH A
SHIPPING TERMS
SHIP 013INSTRUCTIONS _
EXW Ex Woks
BEST WAY• SEE NOTES PPD
LINE
ITEIANUMBER
QTY,
UNIT
EXTENDED
T"
NO.
DESCRIPTION
SHIPPED SHIPPED
PRICE
PRICE
CONTACT CHARLES BERRY. PROJECTMANAGER. 812- 683-1529A
MINIMUM OF 48 HOURS BEFORE SHIPMENT.
JOB SITE CONTACT IS BILL SANDER. SUPERBVTENOEN7812-
4
Kenlpcky Cer8fica8on W Exeniplion (MaUvwry lm Now 8
Exparubd Industry)
2.000
Legs, 4: 1241522 Pan#. 1X1522
EA
100
22.600.0000
6].500.00]
N I
MAKE. TEE- 40A1SHEDCONEE30A , s25E30,1 3
Warh Older. 23088112
Ship Oale: FM172009
I
i
Ij
Jdvuen Sweens( I,4n0 -1 wDM6Mr .4ir+sl<nwanvnleoxJolwm.5o«ns. lots w3l wmiee Un.e4xesled
SUBTOTAL
67.599,00
an... rone"a's w seNcaa 1p IN eva... S waists NMl be Poveo'ed N IN .1. a§reewMl
J"Brrtp py pats IM n¢lennr aM an arlkw M a.. se<aM. M dN amt IM <K r10 seN ap�eamem.
eMUVn 6weeni armdwa urrm rrW <mdpwu wM amW Iwww.loMlw,suemsewnh6vl. Asa w.vl
BALES TAX
0.00
Ih<avmI Ylbnr wepe NWwxMVN4lty wnrNO'de,[
I. SsrewSMM...wIhas,r4
cpnvmy.IDe swal4abexy pl JMeepn Scnmr sne4 mr exceed xM swman vagre d IM pMleVm older.
res.,
TOTAL (USO)
67,500.00
RINVJ Auxsssvmawsa Fom.sowaaa Il.,xae cmwm4x Joae
Fa18PYJJa
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Print Document
SHIP TO: 2065191
POOL 3 WATER TREATMENT PLANT
OWENTON KY 40359
UNITED STATES
melt
t
1
U®iinonsmew
Awam" umpmy
REMIT Tor
JOHNSON SCREENS. INC.
P O BOX 203137
HOUSTON TX 77216
UNITED STATES
INVOICE
1 eol eNwuber. WBOB28 RI
Invoice 0a@:
OCT 06 2009
OrOer. NamMr.
4230016 SO
Order Dale:
JUL 02 MO
Customer PO:
1000170015
Location:
13001 NEW BRIGHTON
Phone Nw:
600834.9871
Fax Na.:
651.06.3177
Sates Person:
WATSON. MARK
Page 4 of 26
PAGE
1011
TERMS
- NETDUE DATE
ORDERED BY
ENTERED BY
N6190 days
NOV 052008
GUY, DEBORAH A
SHIPPING TERMS
SHIPPING INSTRUCTIONS
EXW Ex aloft
BEST WAY - SEE NOTES PPO
LINE NO.
� NUM BM
UOM
SHIPPED
IPPED
UNIT
PRICE
EXTENEXTENDED
PRICE
T�
CONTACTCNARLES BERG PROJECTMANAGER 812- 583-1629A
MINIMUM OF48 HOIAtS BEFORE SMPMENT.
JOB SITE CONTACT IS BILL SANDER SUPERWTENDEI✓T812-
KI-WaY C04dk =— [E- lepSr.(Nacl. -aYMr New8
&P-�d 6elus0yl
3.000
legacy Y: 1284566 Tank 1264588
EA
1.00
48JQ0A000
48.000D0
N
F1vORO. 0IRST SONP DUP1D(eeOGAI -V ERA SdO Smf38
SNp Date: OCT062009
Jwwa.Saave lndudma enr av66GSn .4rvaimnemeate of JNwm6aneas, I.m.) NPMSe 6w.eavvted
SUBTOTAL
46.OB0..0
va:vmem.nwviMS n.ru'vstoew m.0nv. SwA aoHYV,.luere6msig4 by Ua wsren ae.e.mem
Me^ rw 4n t o van JO lwwN a sW.r ae WAdpi m a
a (r1akp,4na N.emwnaAla6m
vOcntOavmO t. aauntl v k n bm..s.. w pMNuIoN nt aVVsVenme mrmoer
Se`ee` M r. e ei aepev
ot f
SALES YA%
06
M. oees w,tl am W
wm.an.uw tool xamwv otlp8moa wvens suui.w vauue ere eanuuvw,ewm prewe,r0w..
TOTAL (OSDI
48.006.00
https: //j ohnsonscreens.onbaseonline.com/ I302AppNet/PrintHandler.ashx ?action = Print &id... 9/22/2014
AGENDA REPORT
FOR: City Council September 29, 2014
TO: Dave Zabell, City Manager. Regular Mtg.: 10/6/14
Rick White,
Community & Economic Development Director
FROM: David I. McDonald, City Planner r
SUBJECT: STREET VACATION (MF# VAC 2014 -007) Portion of Road 92 in Coles
Estates.
I. REFERENCE(S):
I . Street Vacation, Rd 92 in Coles Estates - Overview Map
2. Street Vacation, Rd 92 in Coles Estates - Vicinity Map
3. Street Vacation, Rd 92 in Coles Estates - Proposed Resolution
4. Street Vacation, Rd 92 in Coles Estates - Vacation Petition
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
10/6: MOTION: I move to approve Resolution No.3S$q , setting 7:00
P.M., Monday, November 3, 2014, as the time and date to
conduct a public hearing to consider vacating portions of the
undeveloped right -of -way in Coles Estates.
III. FISCAL IMPACT:
NONE
IV. HISTORY AND FACTS BRIEF:
A. The owners of property in Coles Estates have petitioned for vacation of Road 92
north of the intersection with Majestia Lane. The property owners were recently
granted a zone change to enable the planning and development of a new
residential plat. To facilitate the proposed development Road 92 must be vacated
as it was in Broadmoor Estates to the north.
B. The petition requires the City Council to fix a public hearing to consider the
vacation request. The earliest regular City Council meeting available for a public
hearing, which provides the statutory 20 -day hearing notice, is November 3, 2014.
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RESOLUTION NO. 3�—Z I
A RESOLUTION FIXING THE TIME AND DATE FOR A PUBLIC
HEARING TO CONSIDER VACATING A PORTION OF ROAD 92 WITHIN
COLES ESTATES.
WHEREAS, from time to time in response to petitions or in cases where it serves the
general interest of the City, the City Council may vacate rights -of -way; and
WHEREAS, R.C.W. 35.79 requires public hearings on vacations to be fixed by
Resolution, NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO:
That a public hearing to consider vacating Road 92 adjacent to Lots 18 and 19 and the
northern 90 feet of Lot 20, Coles Estates will be held before the City Council of the City of
Pasco in the Council Chambers at 525 N. Third Avenue, Pasco, Washington, at the hour of 7:00
p.m., on November 3, 2014. That the City Clerk of the City of Pasco give notice of said public
hearing as required by law.
Passed by the City Council of the City of Pasco this 6h day of October, 2014.
Matt Watkins
Mayor
ATTEST:
Debra L. Clark
City Clerk
1
APPROVED AS TO FORM:
Leland B. Kerr
City Attorney
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CITY OF PASCO
STREET /ALLEY VACATION PETITION
MASTER FILE # DATE SUBMITTED:
I, we the undersigned, owners of two - thirds of the privately owned abutting
property hereby petition the City Council of the City of Pasco to vacate the
following described street/alley rights -of -way:
i c.
GS 4ke ' r.-54 / c
APPLICANT: PROPERTY
Print Name:
Sign Name: _
Address: 6ZZ3kl.lkSCS.tkc4. #Iyat i(Gwn.u.t 173,3 1
Phone# fio5lss / -z9)p Date ei/r3 ru
(Legal Description)
Print Name: Ike - +, S f, ; 2-" k L v A Coles i S )rkS
Sign Name: PQ
Date cj/#y#/j
Print Name: Pe ytr fi C ks F--s 4 s-
Sign Name: •�
Date c7/13914
01C
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AGENDA REPORT
FOR: City Council October 1, 2014
TO: Dave Zabell, City Manager Regular Mtg.: 10/6/14
FROM: Stan Strebel, Deputy City Managgr�
SUBJECT: Natural Gas for Transportation - Taxation
I. REFERENCE(S):
1. Natural Gas for Transportation — Proposed Ordinance
2. Natural Gas for Transportation — RCW 82.12.022
3. Natural Gas for Transportation — Letter from BDI dated 9/22/14
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
10/6: MOTION: I move to adopt Ordinance No. , providing for a tax
exemption for natural gas fuel used for transportation and, further,
authorize publication by summary only.
III. FISCAL IMPACT:
8.5% Utility Tax on BDI CNG use for 9 months = approximately $16,000
1% Sales and Use Tax on BDI CNG use for 1 year = approximately $2,500
IV. HISTORY AND FACTS BRIEF:
A) The 2014 State Legislature adopted ESSB6440 which provides for an exemption
from utility tax for Compressed Natural Gas (CNG) or Liquefied Natural Gas
(LNG) if the consumer uses the gas for transportation fuel. The exemption goes
into effect July 1, 2015.
B) Basin Disposal Inc. (BDI) has been in the process of converting its fleet of solid
waste collection vehicles to use CNG and will qualify for the exemption. BDI has
requested that the Council modify the Municipal Code to provide the exemption
from City utility tax in advance of the state law effective date. The early
implementation of the exemption will result in an estimated reduction in utility
tax of an estimated $16,000 for the approximate 9 -month period. As noted in
BDI's request, the lower cost of fuel and taxes will be passed along to its
municipal rate payers who now pay a variable solid waste rate due to a contracted
fuel cost surcharge.
C) The state law, which creates the exemption from utility taxes for CNG for
transportation purposes, also provides authority for a municipality to apply its
(1 %) sales and use tax to transportation CNG. BDI has also requested that the
City not extend the sales tax as authorized. The net effect of the sales tax on an
annual basis (at current use rates) for BDI is calculated at $2,500. Forbearance on
this tax would likewise provide direct benefit to rate payers.
V. DISCUSSION:
A) The attached proposed ordinance will provide for the exemption of gas used for
transportation fuel from the City's utility tax and from the use tax. Staff
recommends approval of the ordinance.
8(a)
ORDINANCE NO.
AN ORDINANCE of the City of Pasco, Washington, Amending Section
3.98.022 "Natural Gas - Use Tax Imposed'; and Amending Section 5.32.040 "Tax -
Levied" Providing for a Tax Exemption for Natural Gas Fuel used for Transportation.
WHEREAS, the Washington State legislature has by ESSB 6440 determined that the
construction and operation of liquefied natural gas plants and compressed natural gas refueling
stations uses transportation fuel and provides positive job creation, economic development,
environmental benefits, and lower fuel costs for the benefit of the citizens of the State of
Washington; and
WHEREAS, this legislation creates an exemption to both the utility tax and broker natural
gas use tax for transportation fuels intended to encourage the location of this beneficial industry
which the City, by the advance adoption of these exemptions, seeks to encourage locating facilities
within the community. NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS
FOLLOWS:
Section 1. That Section 3.98.022 entitled "Natural Gas - Use Tax Imposed" of the Pasco
Municipal Code, shall be and hereby is amended and shall read as follows:
3.98.022 NATURAL GAS - USE TAX IMPOSED. There is hereby levied and shall
be collected from every person within the City a use tax for the privilege of using natural gas within
the City as a consumer. The tax shall be levied and collected in an amount equal to the value of the
article used by the taxpayer multiplied by the rate imposed upon the occupation or business activity
of furnishing or selling natural gas as provided in Section 5.32.040 (C) as now or hereafter amended.
The tax imposed by this section does not apply to the use of natural gas, compressed natural ag s or
liquefied natural gas if the consumer uses the gas for transportation fuel The amount shall be
subject to such exemptions and exclusion and procedures as provided by RCW 82.12.022 and the
rules of the State of Washington Department of Revenue adopted in accord therewith. (Ord. 3912,
2009.)
Section 2. That Section 5.32.040 entitled "Tax - Levied" of the Pasco Municipal Code
shall be and hereby is amended and shall read as follows:
5.32.040 TAX - LEVIED. There is levied upon, and there shall be collected from
every person, fun or corporation engaged in carrying on the following businesses for hire or for sale
of a commodity or a service within or partly within the corporate limits of the City of Pasco the tax
for the privilege of so doing business as hereinafter defined:
A) Upon any telephone business there shall be levied a tax equal to eight and
one -half percent (8.5 %) of the gross operating revenues derived from the operation of such
businesses within the City of Pasco.
B) Upon any business selling or distributing electricity and electrical energy, a
tax to be equal to eight and one -half percent (8.5 %) of the total gross operating revenue
derived from sales of such electricity to ultimate users within the City of Pasco; provided,
however, that there shall not be any tax levied for the installation charges of electrical service
units.
C) Upon any business selling, manufacturing, or distributing natural gas for
residential, commercial or industrial consumption, a tax to be equal to eight and one -half
percent (8.5 %) of gross operating revenues from such sales within the limits of the City of
Pasco; provided, however, that there shall not be any tax levied for the installation charges of
gas service units. The provisions of this subsection do not apply to sales by a gas distribution
business of
1) Compressed natural gas or liquefied natural gas where the
compressed natural gas or liquefied natural gas is to be sold or used as transportation
fuel: or
2) Natural gas from which the buyer manufactures compressed natural
gas or liquefied natural gas, where the compressed natural gas or liquefied natural gas
is to be sold or used as transportation fuel.
D) Upon any business selling a cable or microwave signal by subscription for
television, radio, or other audio visual purposes, a tax equal to eight and one -half percent
(8.5 %) of gross operating revenues from such sales within the limits of the City of Pasco.
E) Upon any business selling solid waste collection and disposal service, a tax of
eight and one -half percent (8.5 %) of gross operating revenues from such sales within the
limits of the City of Pasco.
F) Upon any business, public or private, selling domestic water via a public
water supply and distribution system and selling sanitary sewer service via a collection grid,
a tax of eight and one -half percent (8.5 %) of gross operating revenues from such sales within
the limits of the City of Pasco.
G) Upon any business, public or private, selling irrigation water, a tax equal to
eight and one -half percent (8.5 %) of gross operating revenues from such sales within the
limits of the City of Pasco.
H) Two and one -half percent of the tax levied and collected upon telephone,
electrical energy and natural gas business shall be used for anti -crime purposes. (Ord. 3399
Sec. 1, 1999; Ord. 2707 Sec. 1, 1988; Ord. 2300 Sec. 4, 1981.)
Section 3. This Ordinance shall take full force and effect five (5) days after its approval,
passage and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, and approved as provided by
law this _ day of 2014.
Matt Watkins, Mayor
Attest:
Approved as to Form:
Debbie Clark, City Clerk Leland B. Kerr, City Attorney
Ordinance - Natural Gas for Transportation
Exemptions — Sales of natural or manufactured gas.
The tax levied by RCW 82.08.020 shall not apply to sales of natural or manufactured gas that is taxable under
RCW 82.12.022.
However RCW 82.12.022 will change on July 1, 2015 to provide an exemption:
RCW 82.12.022
Natural or manufactured gas — Use tax imposed — Exemption. (Effective July !, 2015.)
(1) A use tax is levied on every person in this state for the privilege of using natural gas or manufactured gas,
including compressed natural gas and liquefied natural gas, within this state as a consumer.
(2) The tax must be levied and collected in an amount equal to the value of the article used by the
taxpayer multiplied by the rate in effect for the public utility tax on gas distribution businesses under RCW
82.16.020. The "value of the article used" does not include any amounts that are paid for the hire or use of a
gas distribution business as defined in RCW 82.16.010(2) in transporting the gas subject to tax under this
subsection if those amounts are subject to tax under that chapter.
(3) The tax levied in this section does not apply to the use of natural or manufactured gas delivered to the
consumer by other means than through a pipeline.
(4) The tax levied in this section does not apply to the use of natural or manufactured gas if the person
who sold the gas to the consumer has paid a tax under RCW 82. 16.020 with respect to the gas for which
exemption is sought under this subsection.
(5)(a) The tax levied in this section does not apply to the use of natural or manufactured gas by an
aluminum smelter as that term is defined in RCW 82.04.217 before January 1, 2017.
(b) A person claiming the exemption provided in this subsection (5) must file a complete annual report with
the department under RCW 82.32.534.
(6) The tax imposed by this section does not apply to the use of natural gas, compressed natural gas, or
liquefied natural gas, if the consumer uses the gas for transportation fuel as defined in RCW 82.16.310.
(7) There is a credit against the tax levied under this section in an amount equal to any tax paid by:
(a) The person who sold the gas to the consumer when that tax is a gross receipts tax similar to that
imposed pursuant to RCW 82.16.020 by another state with respect to the gas for which a credit is sought
under this subsection; or
(b) The person consuming the gas upon which a use tax similar to the tax imposed by this section was
paid to another state with respect to the gas for which a credit is sought under this subsection.
(8) The use tax imposed in this section must be paid by the consumer to the department.
(9) There is imposed a reporting requirement on the person who delivered the gas to the consumer to
make a quarterly report to the department. Such report must contain the volume of gas delivered, name of the
consumer to whom delivered, and such other information as the department may require by rule.
(10) The department may adopt rules under chapter 34_05 RCW for the administration and enforcement of
sections 1 through 6, chapter 384, Laws of 1989.
bdmi
BASIN DISPOSAL, INC.
P. 0. Box 3850 Pasco, WA 99302 -3850
September 22, 2014
Mr. Stan Strebel
Deputy City Manager
City of Pasco
525 N. Third Ave
Pasco, WA 99301
Deputy City Manager Stan Strebel:
(509)547 -2476
800 -642 -6447
(509)547 -8617 fax
2021 N. Commercial Ave.
Pasco, IVA 99301
I would like to thank the City of Pasco for supporting our recent open house announcing
the opening of a new CNG distribution station. As you know, the investment in this CNG
distribution station will allow Basin Disposal, Inc. (BDI) to provide stable waste disposal
pricing to the City of Pasco for many years to come, while also providing economic
support to the Tri -City area by providing access to low cost fuel to other fleets who may
choose to use CNG as their fuel source.
In recent communications with both the City of Pasco and the Washington State
Department of Revenue regarding the current taxation on the sale of CNG as a
transportation fuel, 'I believe the following to be true;
(1) That a CNG distribution station is considered a manufacturing activity.
(2) That Manufacturing activities are taxed at the Business and Occupation
(B &0) rate as follows:
A. 0.484% of gross income for Washington State
B. 0.200% of gross income for The City of Pasco
(3) That The City of Pasco can impose a Sales and Use Tax (see PMC 3.98.022)
on the sale of CNG at a rate of 1 %.
(4) That RCW 82.12.022 goes into effect on July 15, 2015.
A. That RCW 82.12.022 exempts CNG and LNG finm Transportation
Taxes and Fees.
B. That RCW 82.12.022 exempts CNG and LNG from Public Utility
Taxes.
Given, the passage of RCW 82.12.022 by the State of Washington, I would like to
request that the Pasco Council consider my request to amendment PMC 3.98.022 to
become compliant with RCW 82.12.022 before its effective date of July 15, 2015. By
modifying PMC 3.98.022 as soon as is administratively practical, this will lower the net
cost of fuel purchased by Basin Disposal Inc., thereby benefiting city rate payers, as well
as putting the sales of CNG on an equal taxation structure as other transportation fuels.
bdol
BASIN DISPOSAL, INC.
P. 0, Box 3850 Pasco, WA 99302 -3850
(509)547 -2476
800 - 642.6447
(509)547.8617 fox
2021 N. Commercial Ave.
Pasco, WA 99301
In additions, we would ask the Pasco Council not to impose any Sales and Use tax on
CNG distribution companies or CNG fueled vehicles used for transportation. My belief is
that the 1% (One Percent) Sales and Use Tax is immaterial at this time and would cost
both the City of Pasco and Basin Disposal Inc more to administer the new tax than any
potential benefit. The revenue generated from the 1% Sales and Use tax would be less
than $2,500 in revenue, given the current fuel consumed by Basin Disposal Ines Trucks.
Basin Disposal Inc. has made a substantial investment in CNG infrastructure that will
benefit rate payers for many years to come. I encourage city staff to investigate the
feasibility of utilizing CNG for current and future fleet vehicles operated by the city. I
would be happy to help in this investigation if deemed beneficial. It would be a great
opportunity for both Basin Disposal Inc. and the City of Pasco to demonstrate
environmental stewardship, as well as fiscal responsibility by choosing CNG as part of
our transportation needs.
If you have any questions please call me. As always, I thank you for allowing my family
to serve the City of Pasco. It is truly a privilege.
Sincerely,
elm
Eugene H111
Basin Disposal Inc.
AGENDA REPORT
FOR: City Council / September 25, 2014
TO: Dave Zabell, City Manager Regular Mtg.: 10/6/14
Rick White,
Community & Economic Development Director,] jV-j
FROM: Shane O'Neill, Planner I
SUBJECT: REZONE: Rezone Lots 11 and 19. Coles Estates from RT to R -1 and C -1 (MF#
Z2014 -004)
I. REFERENCE(S):
1. Rezone, Coles Estates - Vicinity Map
2. Rezone, Coles Estates - Proposed Ordinance
3. Rezone, Coles Estates - Report to the Planning Commission
4. Rezone, Coles Estates - Planning Commission Minutes: Dated 8/21/14 & 9/18/14
II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS:
10/6: MOTION: I move to adopt Ordinance No. , rezoning property
located in the 6000 Block of Road 90 and Road 92 from RT to
R -1 and C -1, and further, authorize publication by summary
only.
III. FISCAL IMPACT:
NONE
IV. HISTORY AND FACTS BRIEF:
A. On August 21, 2014 the Planning Commission conducted a public hearing to
determine whether or not to recommend rezoning Lots 11 and 19, Coles Estates from
RT to R -1 and C -1.
B. Following the conduct of a public hearing, the Planning Commission reasoned it
would be appropriate to recommend a change in zoning for the property in question.
C. No written appeal of the Planning Commission's recommendation has been received.
8(b)
V icinity
Map
Item: Rezone RT t® R -1 & C -1
Applicant: P &R Constructi ®n
File #: Z2014 -004
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Item: Rezone RT t® R -1 & C -1
Applicant: P &R Constructi ®n
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING THE
ZONING CLASSIFICATION OF PROPERTY LOCATED IN THE 6000 BLOCK OF ROAD
90 AND ROAD 92 FROM RT (RESIDENTIAL TRANSITION) TO R -I (LOW- DENSITY
RESIDENTIAL) AND C -1 (RETAIL BUSINESS).
WHEREAS, a complete and adequate petition for change of zoning classification
has been received and an open record hearing having been conducted by the Pasco Planning
Commission upon such petition; and,
WHEREAS, that the effect of the requested change in zoning classification shall not
be materially detrimental to the immediate vicinity; and,
WHEREAS, based upon substantial evidence and demonstration of the Petitioner,
that: (A) the requested change for the zoning classification is consistent with the adopted
Comprehensive Plan; (B) the requested change in zoning classification is consistent with or
promotes the goals and objectives of the Comprehensive Plan serving the general public interest
in the community; and (C) there has been a change in the neighborhood or community needs or
circumstances warranting the requested change of the zoning classification; NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO
ORDAIN AS FOLLOWS:
Section 1. That the Zoning Ordinance for the City of Pasco, Washington, and the
Zoning Map, accompanying and being part of said Ordinance shall be and hereby is
changed from RT (Residential Transition) to R -1 (Low- Density Residential) and C -1
(Retail Business) for the real property as shown in the Exhibit "1" attached hereto and
described as follows:
R -1 zoning: Lot 19, Coles Estates, together with the north 270 feet of Lot 11,
Coles Estates
C -1 zoning: The south 165 feet of Lot 11, Coles Estates
Section 2. This ordinance shall take full force and effect five (5) days after its
approval, passage and publication as required by law.
Passed by the City Council of the City of Pasco this 6a' day of October, 2014.
Matt Watkins, Mayor
ATTEST:
Debra L. Clark, City Clerk
APPROVED AS TO FOR:
Leland B. Kerr, City Attorney
Item: Rezone RT to R -1 & C -1
Exhibit ' 1' Applicant: P &R Construction N
File #: Z2014 -004
R -1
(Low - Density
Residential)
R -1
(Low - Density
Residential)
C -1
(Retail Business
REPORT TO PLANNING COMMISSION
MASTER FILE NO: Z 2014 -004 APPLICANT: P & R Construction
HEARING DATE: 8/21/2014 6223 W Deschutes Ave
ACTION DATE: 9/18/2014 Kennewick WA 99337
BACKGROUND
REQUEST: REZONE: Rezone from RT (Residential Transition) to R -1 (Low -
Density Residential) and C -1 (Retail Business)
1. PROPERTY DESCRIPTION:
Legal: Parcel #'s 115 - 382 -079 & 115- 392 -013: Lots 11 and 19 Coles
Estates
General Location: The 6000 Block of Road 90 and Road 92
Property Size: The combined area of the parcels is approximately 5
acres.
2. ACCESS: The parcels are accessible from Road 90 and Road 92.
3. UTILITIES: All municipal utilities are currently available to serve the site
from Road 90 and Road 92.
4. LAND USE AND ZONING: The parcels are currently zoned RT
(Residential Transition) and are vacant. Surrounding properties are
zoned and developed as follows:
NORTH: R -1 - Vacant
SOUTH: C -1 - Vacant
EAST: C -1 & R -3 - Single - Family Residences /Vacant
WEST: R -3 - Multi- Family Residences
5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the sites
for Mixed Residential and Commercial uses. Land Use Policy LU -3 -13
encourages infill and (higher) density development to protect open spaces
and critical areas and to support more walkable neighborhoods. Other
goals and policies suggest the City permit a full range of residential
environments including single family homes (H -2 -A) and standards that
control the scale and density of accessory buildings and homes to
maintain compatibility with other residential uses (H -4 -13).
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.
1
ANALYSIS
P & R Construction has applied to change the zoning designation of Lots 11 &
19, Coles Estates from RT (Residential Transition) to R -1 (Low- Density
Residential) and C -1 (Retail Business) to allow for single - family residential
development on the R -1 portion and office development on the C -1 portion. The
subject site is comprised of two parcels with a combined area of slightly less
than five acres. Generally, the parcels are located north of Sandifur Parkway;
one fronts Road 90 and the other fronts Road 92.
The City's Comprehensive Plan designates parcel #115-382-079 for Mixed
Residential land uses, allowing a variety of residential (density) zones ranging
from RS -20 (Suburban) through R -3 (Medium - Density Residential); including
the R -1 (Low- Density Residential) zone. The applicant is requesting R -1 zoning
be applied to parcel # 115- 382 -079. The other parcel (# 115- 392 -013) is divided
by a land use designation boundary running from east to west along the lower
1/3 of the parcel, approximately. The Comprehensive Plan designates the
southerly 165 feet of this parcel (#115-392-013) for Commercial land uses,
while the remaining portion to the north is designated for Mixed - Residential
land uses. Accordingly, the applicant has applied to assign C -1 zoning to the
southerly 165 feet of parcel #115- 392 -013 consistent with the Comprehensive
Plan. Tax parcel numbers are .identified on the vicinity map included in this
report for reference. Also, a Zoning (Request) Map is included to help illustrate
the zoning configuration being requested.
The requested R -1 zone permits construction of single - family homes on lots
with a minimum land area of 7,200 square feet. This equates to a density of
4.5 units per net acre. The Broadmoor Estates, Vintage Village and Heritage
Village residential subdivisions to the north are similarly zoned R -1 and are
developed with single - family homes. It should be noted that each of the
surrounding R -1 zoned neighborhoods were conditioned with a concomitant
agreement requiring larger minimum lot sizes than the 7,200 square -foot
minimum permitted in the R -1 zone. Concomitant agreements regulating
minimum lot sizes in the surrounding subdivisions vary as follows:
Vintage Village = Average lots no less than 8,500 square feet
Heritage Village = 8,200 square foot minimum lots
Broadmoor Estates = 8,500 — 9,000 square foot minimum lots
Directly west of the site lies Mediterranean Villas, a zero -lot -line townhome
style development. The attached dwelling units are each located on individual
lots ranging in area from 2,400 to 7,000 square feet, approximately. The
density of Mediterranean Villas is the result of the R -3 (Medium- Density
Residential) zoning assigned to the site.
4
The requested C -1 zone permits a range of retail sales and service business
types. This can be contrasted with the C -3 (General Business) zone which is
best suited for heavy commercial businesses such as contractor's yards and
heavy equipment sales and services. Heavy commercial uses allowed in the C -3
zone are not permitted in the C -1 zone. Land directly south of the site is
currently zoned C -1 and remains largely vacant.
The initial review criteria for considering a rezone application are explained in
PMC. 25.88.030. The criteria are listed below as follows:
1. The date the existing zone became effective:
The current zoning classification was established in 1982 when the property
was annexed to the City. The property was originally subdivided and zoned in
the county in 1967, 47 -years ago.
2. The changed conditions, which are alleged to warrant other or additional
zoning:
Much of the vicinity to the north, east and west has been developed with
residential neighborhoods containing primarily single-family homes; they are
Broadmoor Estates and Heritage Village. Said neighborhoods are also zoned R -1.
Mediterranean Villas to the west is zoned R -3 and developed with a mix of
townhouses, duplexes and single family homes.
3. Facts to justify the change on the basis of advancing the public health,
safety and general welfare:
Approval of the proposed rezone will continue the existing pattern of residential
development in the vicinity. The proposed zoning assignment is consistent with
Pasco's Comprehensive Plan which has been determined to be in the best
interest of advancing public health, safety and general welfare. Allowing
residential development on the site(s) will encourage the elimination of vacant
land within city limits. Vacant sites can potentially generate fugitive dust and
weeds which may create afire hazard.
4. The effect it will have on the value and character of the adjacent property
and the Comprehensive Plan:
A change in zoning classification resulting in a single-family residential
development will continue the existing residential character of the vicinity. The
rezone from RT to R -1 will encourage inftll as per Land Use Policy LU -3 -B, and
allow for '...residential development where utilities and transportation facilities
enable efficient use of capital resources," in keeping with Land Use Policy LU -3-
E. This rezone would also allow for a full range of residential environments
including single family homes, consistent with Housing Policy H-2-A.
3
5. The effect on the property owner or owners if the request is not granted:
Without transitioning the site primarily to a residential zoning classification
residential development will not occur on the property. The applicant may not
wish to proceed with any site development if it cannot be residential in nature.
STAFF FINDINGS OF FACT
Findings of fact must be entered from the record. The following are initial
findings drawn from the background and analysis section of the staff report.
The Planning Commission may add additional findings to this listing as the
result of factual testimony and evidence submitted during the open record
hearing.
1. The site is comprised of two tax parcels.
2. The site is vacant.
3. The site is approximately 5 acres in area.
4. The site is currently zoned RT (Residential Transition).
5. The applicant is requesting the R -1 (Low - Density Residential) zoning
district be assigned to a majority of the site.
6. The applicant is requesting the southern 165 feet of Lot 11 be rezoned C-
1.
7. The Comprehensive Plan identifies a majority of the site for Mixed -
Residential uses which allows assignment of a range of residential zones
including R -1 (Low- Density Residential).
8. The Comprehensive Plan designates the south 165 -feet of tax parcel #
113- 392 -013 for commercial land uses which allows assignment of C -1
(Retail Business) zoning.
9. All municipal utilities are currently available in close proximity to serve
the site from adjoining roadways.
10. The rezone will facilitate infill development which is encouraged by the
Comprehensive Plan.
11. The Broadmoor Estates and Heritage Village residential subdivisions
located to the north of the site are similarly zoned R -1 and are developed
with single - family homes.
12. Surrounding R -1 neighborhoods were conditioned with a concomitant
agreement requiring larger minimum lot sizes than the 7,200 square -foot
minimum permitted in the R -1 zone.
0
13. Single - family lots in surrounding subdivisions range in size from 8,200
square feet to 9,000 square feet.
14. The Mediterranean Villas subdivision to the west is zoned R -3 and
developed with a mix of townhouses, duplexes and single family homes.
15. Lots in the Mediterranean Villas subdivision range in size from 2,400
square feet to 7,000 square feet.
CONCLUSIONS BASED ON STAFF FINDINGS OF FACT
Before recommending approval or denial of a special permit the Planning
Commission must develop findings of fact from which to draw its conclusions
based upon the criteria listed in PMC 25.86.060. The criteria are as follows:
1. The proposal is in accordance with the goals and policies of the
Comprehensive Plan.
The proposal is consistent with the Comprehensive Plan Land Use Map and
several Plan policies and goals. Land Use Policy LU -3 -B encourages "infill"
development while H -2 -A suggests the City permit a full range of residential
environments. Housing Policy (H -B A) encourages standards that control the
scale and density of accessory buildings and homes to maintain compatibility
with other residential uses.
2. The effect of the proposal on the immediate vicinity will not be materially
detrimental.
The proposed R -1 & C -1 zoning assignments will permit site development
matching the character of the residential neighborhoods to the north and would
allow commercial development, on the C -1 portion, consistent with other
commercial businesses which line Sandifur Parkway. Based on past experience
with rezoning and development of vacant land adjacent to existing single-family
and evidence provided by tax records of Franklin County, the proposed rezone
will not be materially detrimental to the immediate vicinity in terms of property
value and /or character.
3. There is merit and value in the proposal for the community as a whole.
There is merit in developing vacant parcels within the City in_ accordance with the
goals and policies contained in the Comprehensive Plan. The proposed zoning
configuration is consistent with the Plan's Land Use Map. Elimination of vacant
land near existing homes will reduce potential impacts of dust and fire danger.
Providing an increased range of housing opportunities available in those areas
currently served my municipal utilities and public transportation and will enable
efficient use of capital resources. The proposal is supported by land use goals
and policies contained in the Comprehensive Plan.
5
4. Conditions should be imposed in order to mitigate any significant
adverse impacts from the proposal.
No special conditions are proposed by staff.
5. A Concomitant Agreement should be entered into between the City and
the petitioner, and if so, the terms and conditions of such an agreement.
A concomitant agreement is not proposed by staff.
RECOMMENDATION
MOTION for Findings of Fact:
I move to adopt findings of fact and conclusions therefrom as contained
in the September 18, 2014 staff report.
MOTION for Recommendation:
I move based on the findings of fact and conclusions as adopted the
Planning Commission recommend the City Council approve the rezone
from RT to R -1 and C -1 for Lots 11 and 19, Coles Estates.
G
Vicinity
Map
Item: Rezone RT to R -1 & C-1
Applicant: P&R Construction
File #a 22014 -004
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Planning Commission Minutes
8/21/2014
C. Rezone Rezone from RT IResidential Transition) to R -1
(Low - Density Residential) and C -1 (Retail
Business) (P&R Construction) (MF# Z 2014 -004)
Acting Chairwoman Khan read the master file number and asked for comments
from staff.
Shane O'Neill, Planner I, discussed the rezone application from RT (Residential
Transition) to R -1 (Low- Density Residential) and C -1 (Retail Business). The site is
located on two parcels located north of Sandifur Parkway, surrounded by mostly
vacant land. The staff report includes a land use request map to illustrate the
zoning configuration being proposed. Mr. O'Neill briefly discussed the proposed
zoning configuration. The R -1 zoning being requested permits single - family
residential development with minimum lot sizes of 7,200 square feet. The
development of the surrounding single - family neighborhoods were the subject of
concomitant agreements when they were rezoned. Those concomitant agreements
required that the minimum lot sizes be slightly larger than the 7,200 square foot
minimum lot size required by the R -1 zone. Also in the staff report were more
conditions the concomitant agreements required for the surrounding single - family
developments. The proposal is consistent with the Comprehensive Plan.
Acting Chairwoman Khan asked if there is a requirement for minimum lot size.
Mr. O'Neill answered that the proposal is for R -1 zoning on one parcel which would
allow for 7,200 square foot lot sizes. With approximately 4 homes per acre and
there are roughly 3 acres of proposed residential zoning.
Jason Maddox, 6115 Burden Boulevard, of HDJ Design Group spoke on behalf of
the applicant, P & R Construction. Mr. Maddox noted that P & R Construction is
not the underlying owner of the two properties, they are simply requesting the
rezone of the two properties. He reiterated that the rezone request does follow the
Comprehensive Plan and would be for low- density residential housing on one
parcel and retail business on the other parcel. In terms of the concomitant
agreement discussed, the applicant does not wish to condition this property to be
any more stringent that what the R -1 would allow, which would be 7,200 square
feet. The intentions of the applicant are to develop the property into single - family
housing and would seek to fill in the property in terms of connectivity of roads.
Acting Chairwoman Khan asked Mr. Maddox if he knew what the applicant
planned to do with the proposed C -1 parcel.
Mr. Maddox responded that their intentions were to develop the residential part of
the property and the C -1 portion just trailed along. They still feel that they can
make their plans work but don't have any immediate intentions with the C -1
portion at this time.
Bruce Pritchard, 2025 W. 2711, Avenue, Kennewick, spoke on this item. Mr.
Pritchard stated that he owns a piece of land adjacent to the proposed site. He
feels the area is becoming awkward for commercial use in terms of lack of access
and roads. Mr. Pritchard explained that when he purchased the property it was
his understanding that Road 92 would become a straight - through street. Road 90
does have straight - through access but as Road 90 goes further north it is more
and more residential. He asked what the plans for the area are because he doesn't
understand the commercial rating of the property anymore.
Acting Chairwoman Khan asked for clarification about the zoning of the
surrounding area.
Mr. O'Neill answered that the proposed sites are currently RT zoning but is almost
gone in this vicinity and rezoned as other land uses.
Mr. Pritchard asked for clarification on the difference between RT and R -1 zoning.
Mr. O'Neill responded that RT zoning is a "holding" zone. A site typically cannot be
developed as RT. The R -1 zoning allows for single - family homes on 7,200 square
foot minimum lots. Mr. O'Neill pointed out that the Comprehensive Plan for this
site is actually for mixed - residential which would allow R -2 or R -3 (medium
density residential) zoning but the applicant is only requesting R -1, which is
substantially less dense.
Commissioner Bachart stated that Road 92 does somewhat dead -end. He asked if
there were plans to tie that into Kent.
Mr. O'Neill responded that at some point it will connect.
Acting Chairwoman Khan clarified that it just hasn't happened yet.
David McDonald, City Planner, added that this area was platted in the 1960's
before it was part of the City. As the properties to the north were developed or
purchased, the lot sizes didn't quite fit with a standard subdivision and part of
Road 92 was vacated so that a subdivision could fit in and the thought was as the
area develops to the south, the rest of Road 92 would be vacated to make a
connection to Kent Lane.
Acting Chairwoman Khan stated the City was protecting the interest of the
property owners by keeping the lower parcel as C -1 in the same zoning as his
property.
With no further comments the public hearing closed.
Commissioner Greenaway moved, seconded by Commissioner Polk, to close the
hearing on the proposed rezone and initiate deliberations and schedule adoption of
findings of fact, conclusions and a recommendation to the City Council for the
September 18, 2014 meeting. The motion passed unanimously.
Planning Commission Minutes
9/18/2014
C. Rezone Rezone from RT (Residential Transition) to
R -1 (Low - Density Residential) and C -1
(Retail Business) (P &R Construction) (MF#
Z 2014 -004)
Chairwoman Kempf read the master file number and asked for comments from
staff.
Shane O'Neill, Planner I, discussed the rezone application from RT (Residential
Transition) to R -1 (Low- Density Residential) and C -1 (Retail Business).
Commissioner Khan moved, seconded by Commissioner Polk, to adopt the
findings of fact and conclusions therefrom as contained in the September 18,
2014 staff report. The motion passed unanimously.
Commissioner Khan moved, seconded by Commissioner Polk, based on the
findings of fact and conclusions as adopted the Planning Commission
recommend the City Council approve the rezone from RT to R -1 and C -1 for
Lots 11 and 19, Coles Estates. The motion passed unanimously.
AGENDA REPORT NO. 27
FOR: City Council September 17, 20111
TO: Dave Zabell, City Manager
Ahmad Qayoumi, Public Works Director
FROM: Michael A. Pawlak, City Engineer / Workshop Mtg.: 9/29/14
Regular Mtg.: 10/6/14
SUBJECT: Parking Ordinance Revisions
I. REFERENCE(S):
1. Parking Ordinance Revision - Vicinity Map
2. Parking Ordinance Revision - City Engineer's Memo
3. Parking Ordinance Revision - Ordinance
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
09/29: Discussion
10/06: MOTION: I move to adopt Ordinance No. , adding parking
restrictions on the northerly side of Washington Street, between
9th Avenue and 10th Avenue, and further, authorize
publication by summary only.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
A) The Engineering Division received a request from a business owner to review
the parking conditions along the northerly side of Washington Street, between
9th Avenue and 10th Avenue. The business owner expressed concerns for
large commercial delivery vehicles ability to safely park and off load
deliveries. Parking is currently prohibited along both sides of the street.
V. DISCUSSION:
A) Engineering has performed an evaluation of the northerly side of Washington
Street, between 9th Avenue and 10th Avenue, traffic flows and noted limited
space for commercial delivery vehicles ability to safely off load deliveries.
Allowing parking on the northerly side of Washington Street, between 9th Avenue
and 10th Avenue will allow commercial delivery vehicles to park and off load
without impacting traffic flows on Washington Street, 9th Avenue and 10th
Avenue.
D) Engineering recommends allowing parking along the northerly side of
Washington Street, between 9th Avenue and 10th Avenue, per Section 10.56.110
(Schedule VI — Parking Time Limited on Certain Streets).
E) This ordinance will amend Section 10.56.080 (Schedule III - Parking Prohibited
at All Times on Certain Streets) of the Pasco Municipal Code to add and/or revise
the following streets to the list of prohibited parking streets:
Remove: Washington Street — 9th Avenue to 10th Avenue
Add: Washington Street (south side) — 9h Avenue to I Os' Avenue
And, this ordinance will also amend Section 10.56.110 (Schedule VI — Parking
Time Limited on Certain Streets) of the Pasco Municipal Code to add, remove
and/or revise the following locations to the list of streets where two hour parking
may be permitted.
Street From To
Add: Washington Street (north side) 9th Avenue 10th Avenue
8(c)
N Ak I 1 0
T®: Mike Pawlak, City Engineer
From: Joe Seat, Associate Engineer
Date: August 29, 2014
Public Works Department
Engineering Division
Re: Parking Request for Northside of Washington Street
The City received a request to review and evaluate whether parking along the northerly side of
Washington Street, between 9th Avenue and 10th Avenue, can be permitted.
A field review and observation of traffic operations, vicinity of Washington Street, 9th Avenue and
10th Avenue, did not provide any engineering concerns to continue enforcing no parking along
the northerly side of Washington Street, between 9th Avenue and 10th Avenue.
Discussions with the City Planner did not indicate any planning concerns or restrictions that
would prohibit parking along the northerly side of Washington Street, between 9th Avenue and
10th Avenue.
Past cause for the parking restriction is no longer present and most likely would not re- occur.
However, as a precaution, parking along the northerly side of Washington Street, between 90'
Avenue and 10 Avenue, should be permitted pursuant to Section 10.56.110 (Schedule VV —
Parking Time Limited on Certain Streets).
Remove Existing
Install Proposed
A.
CIF wR `''
8:30 AM
TO 5:30 PIN
4=�*
A7-lce
This change will allow limited temporary parking for commercial delivery vehicles to make
deliveries and pick -ups without impacting traffic flows on Washington Street, 9th Avenue and 10th
Avenue.
0 Page 1
ORDINANCE NO.
AN ORDINANCE prohibiting parking on various streets, amending Section 10.56.080
of the Pasco Municipal Code; and permitting limited time (two -hour) parking on various streets,
amending Section 10.56.110 of the Pasco Municipal Code.
WHEREAS, the Public Works Director has determined that it is necessary for public
safety to prohibit parking on certain streets; and
WHEREAS, the Public Works Director has determined that it is necessary to permit
limited time (two -hour) parking on certain streets; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. Section 10.56.080 of the Pasco Municipal Code is amended to add the
following underlined language and read as follows:
10.56.080 SCHEDULE III - PARKING PROHIBITED AT ALL TIMES ON CERTAIN
STREETS. In accordance with Section 10.56.030, and when signs are erected giving notice
thereof, no person shall at any time park a vehicle upon any of the following described streets or
parts of streets:
"A" Street - both sides of street from Elm Avenue to SR -12;
"A" Street - both sides of street from Ninth Avenue to Eleventh Avenue;
"A" Street - from Main Avenue to Beech Avenue;
"A" Street - 300 feet west of 4th Avenue to three hundred feet east of 4th Avenue;
"A" Street - both sides from 20th Avenue to a point two hundred fifty feet west of 20th
Avenue;
"A" Street — both sides, corner of "A" Street and 28th Avenue;
Agate Street - between Fourth and Fifth Avenues;
Ainsworth Avenue - north side from Railroad Avenue to Oregon Avenue;
Ainsworth Avenue - south side from 10th Avenue to Fourth Avenue;
Argent Road — 20th Avenue to Road 44;
Argent Road — Road 84 to Road 76;
Autoplex Way — from Court Street south to 160 feet north of Marie Street;
Bonneville Street - the south side of Bonneville Street from a point 150 feet east of the
east curb line of 10th Avenue to the east curb line of 10th Avenue;
Billings Street - from Lewis Street to "A" Street
Broadmoor Boulevard — FCID canal to Nottingham Drive;
Brown Street - north side from Road 28 to Road 26;
Brown Street - south side from Road 28 to a point 130 feet to the east;
Burden Boulevard — Road 76 to Road 36;
Chapel Hill Boulevard — Road 68 to Saratoga Lane;
Chapel Hill Boulevard — Broadmoor Boulevard to Road 84;
Chapel Hill Boulevard - from Crescent Road to Broadmoor Boulevard;
Clark Street - both sides of street from Ninth Avenue to Eleventh Avenue;
Clemente Lane — Burden Boulevard to Wrigley Drive;
Commercial Avenue — both sides from Hillsboro Avenue south 1 mile;
Court Street - from Fourth Avenue west to SR -395;
Court Street — east of Fourth Avenue;
Court Street - from Road 68 to Road 84;
Court Street — Rd. 100 to I -182 Hwy overpass;
Court Street —1,000 feet south of Harris Road;
E. Broadway Street — (north side) Wehe Street to Franklin Street;
First Avenue — Court Street to Sylvester Street;
Fourteenth Avenue — both sides from Clark Street north 100 feet;
Fourteenth Avenue — both sides from Clark Street south to the alley;
Fourth Avenue — (east side) 50 feet north of Columbia Street;
Fourth Avenue — 100 feet south of Columbia Street;
Fourth Avenue — east side from Shoshone Street to Court Street; and on the west side
from Shoshone Street to 125 feet north of vacated Park Street and from 115 feet north of
Octave Street to Court Street;
Fourth Avenue - east side from Sylvester Street north 140 feet; and on the west side from
Sylvester Street north 200 feet;
Fifth Avenue (west side) Park to Octave;
Fifth Avenue — (east side) north of Court Street;
Fifth Avenue - (east side) Nixon Street to Park Street;
North Fourth Avenue - between Court and Ruby Streets;
Heritage Boulevard - both sides from US -12 to "A" Street;
Hillsboro Street and Commercial Avenue - both sides of Hillsboro Street from a point
100 feet east of the center line of Commercial Avenue to SR 395, and on both sides of
Commercial Avenue from a point 100 feet south of the center line of Hillsboro to
Hillsboro;
Homerun Road — both sides, from Convention Boulevard to end;
James Street — south side from the far east end of James Street to 400 feet west;
James Street — north side from the far east end of James Street to 340 feet west;
Jay Street - north side from the east curb line of Road 22 to a point 50 feet west of the
east curb line of Road 22;
Lewis Street - from First Avenue to 70 feet east;
Lewis Street - north side from Fourteenth Avenue to 130 feet west; and north side from
Fourteenth Avenue to 80 feet east;
Lewis Street — south side from Fourteenth Avenue to 100 west; and south side from
Fourteenth Avenue to 100 feet east;
Lewis Street - Ninth Avenue to Eleventh Avenue;
Lewis Street - north side of Lewis Street from the east curb line of Seventh Avenue to a
point 135 feet east;
Lewis Street - South side of Lewis Street, from 150 feet east of the center line of First
Street running easterly a distance of 165 feet;
Lewis Street (east) - both sides from Wehe Avenue east to Cedar Avenue;
Lewis Street (east) - both sides from Oregon Avenue east to Wehe Avenue;
Lewis Street — from Cedar Ave. to Billings Street;
Madison Avenue - both sides from Burden Boulevard to Road 44;
Manzanita Lane- both sides from A St to 150 feet north;
Ninth Avenue — Washington Street to Ainsworth Street;
Octave Street - the south side of Octave Street from 1 point 280 feet east of the east curb
line of Road 34 to a point 420 feet east of the east curb line of Road 34;
Oregon Avenue between "A" Street and Ainsworth Avenue;
Oregon Avenue — (west side) 350 feet north of Bonneville Street;
Oregon Avenue — Hagerman Street to James Street;
Road 22 - east side from the north curb line of Jay Street to a point 50 feet south of the
north curb line of Jay Street;
Road 26 — from Court Street to Brown Street
Road 28 — west side from Sylvester Street to Brown Street;
Road 28 — east side from Sylvester Street to Brown Street except for 315 feet starting
from a point 360 feet north of the intersection of Sylvester Street and Road 28;
Road 34 - both sides of the street from Henry Street to Court Street;
Road 36 - both sides of the street from its intersection with Argent Place to a point 1,200
feet north of Argent Place;
Road 36 — Burden Boulevard. to 200 feet south of Meadow Beauty Drive;
Road 44 - east side from Meadow View Street to Argent Place;
Road 44 - west side from Desert Street to Argent Place;
Road 44 — west side from Desert Street to Burden Boulevard;
Road 44 — Burden Boulevard to Sandifur Boulevard;
Road 52 — Burden Boulevard to Sandifur Boulevard;
Road 60 — Burden Boulevard to Sandifur Boulevard;
Road 68 Place — Burden Boulevard to Sandifur Boulevard;
Road 68 — FCID canal north to City Limits;
Road 68 — I -182 to Sandifur Boulevard;
Road 76- east side from Sandifur Parkway to a point 620 feet south of Wrigley Drive;
Road 76 - (west side) Wrigley Drive to Burden Boulevard;
Road 76 - west side from Sandifur Parkway to Wrigley Drive;
Road 80 - from Court Street south;
Road 84 - from Sunset Lane south;
Road 84 — Argent Road to Chapel Hill Boulevard;
Road 100 — Court Street to FCID canal;
Rodeo Drive — Road 68 to Convention Place;
Ruby Street - between Fourth and Fifth Avenues;
Sandifur Boulevard — Broadmoor Boulevard to Robert Wayne Drive;
Sandifur Boulevard — (north side) Robert Wayne Drive to Road 60;
Sandifer Boulevard — from Road 60 to Road 62;
Sandifur Parkway - from Road 60 to Road 44;
Seventeenth Avenue - (west side) "A" Street to Washington Street;
Shoshone Street - 22nd Avenue to 23rd Avenue;
Sun Willows Boulevard - both sides of street from its intersection with 20th Avenue to its
eastern terminus;
Sylvester Street — (south side) 20th Avenue to 28th Avenue;
Sylvester Street — (north side) one hundred feet east of 26th Avenue to 28th Avenue;
Sylvester Street - From the east line of 20th Avenue to a point 290 feet east thereof;
Tenth Avenue - both sides of street from "A" Street to "B" Street;
Tenth Avenue - from "B" Street to and including the Inter -City Bridge;
Tenth Avenue - both sides of street from Lewis Street to Clark Street;
Third Avenue — (east side) fifty feet south of Columbia Street;
Third Avenue - (east side) fifty feet north of Columbia Street;
Third Avenue — both sides of street 100 feet north of Sylvester Street;
Third Avenue — both sides of street 100 feet south of Sylvester Street;
Third Avenue - On the west side from a point five hundred seventy -five feet north of
Margaret Street to a point six hundred fifty feet north of Margaret Street;
Twentieth Avenue — From Lewis Street to Argent Road except on the east side of 20th
Avenue only from a point one hundred seventy feet south of Hopkins Street to Lewis
Street;
Twenty Second Avenue — (west side) to 550 feet south of West Henry Place;
Twenty Eighth Avenue — (west side) Lewis Street to Sylvester Street;
u-6- ---1ua.a.-- 13VUU131UG1>Ul L VUUUe LV 1VU1 t1Ve11UC1_
Wrigley Drive — Road 76 to Clemente Lane;
Road 26 - Both sides of Road 26, from a point 120 feet south of the south curb line of
Court Street on the east side and 245 feet south of Court Street on the west side, to 250
feet north of the north curbline of Court Street.
Section 2. Section 10.56.110 of the Pasco Municipal Code is amended to add the
following underlined language and read as follows:
10.56.110 SCHEDULE VI - PARKING TIME LIMITED ON CERTAIN STREETS. In
accordance with Section 10.56.060 and when signs are erected giving notice thereof, no persons
shall park a vehicle for a period of time longer than two hours between the hours of eight -thirty
a.m. and five -thirty p.m. of any day except Sundays and public holidays within the district, upon
any City parking lot or upon any of the streets or parts of streets as follows:
Street
3rd Avenue
3rd Avenue (east side)
4th Avenue (west side)
4th Avenue (east side)
4th Avenue (west side only)
5th Avenue
32nd Place
Columbia Street
Lewis Street
Clark Street
Clark Street, north side
Margaret Street
Margaret Street (south side)
Mane Street
Nixon Street (south side)
Octave Street
Sylvester Street (north side)
From
Columbia Street
Sylvester Street
115 feet north of
Columbia Street
130 feet north of
Columbia Street
Octave Street
Lewis Street
Octave Street N.
2nd Avenue
2nd Avenue
2nd Avenue
5th Avenue
4th Avenue
btwn 5th & 6th Ave.
32nd Place
3rd Avenue
32nd Place
4th Avenue
To
Clark Street
Nixon Street
Bonneville Street
Bonneville Street
Margaret Street
Clark Street
Termination
5th Avenue
6th Avenue
5th Avenue
200 feet west of 5th
Avenue
5th Avenue
westerly 100' from 5th Ave.
Road 34
east 120' from 3rd Avenue
Road 34
20 feet east of 4th Avenue
The City parking lot located north of Columbia Street and east of 4th Avenue lying
generally in the southwest corner of the block bounded by the afore - mentioned street, Lewis
Street, and 3rd Avenue.
Each two -hour period or portion thereof in excess of two hours is a separate violation.
PASSED by the City Council of the City of Pasco, Washington, and approved as
provided by law this 6th day of October, 2014.
Matt Watkins
Mayor
ATTEST:
APPROVED AS TO FORM:
Debra L. Clark Leland B. Kerr
City Clerk City Attorney
AGENDA REPORT
FOR: City Council September 23, 2014
TO: Dave Zabell, City Manager Workshop Mtg.: 9/29/14
Rick White, Regular Meeting: 10/06/14
Community & Economic Development Directo� u 1 1
FROM: Jeffrey B. Adams, Associate Planner
SUBJECT: Historic Preservation Title 27 Code Amendment (MF# CA 2014 -001
I. REFERENCE(S):
1. Historic Preservation Title 27 Code Amendment - Proposed Ordinance
2. Historic Preservation Title 27 Code Amendment — Bylaws of the HPC
3. Historic Preservation Title 27 Code Amendment — Planning Commission Minutes
Dated: 7/24/2014 and 8/21/2014
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
9/29: DISCUSSION
10/06: MOTION: I move to approve Ordinance No. adopting
amended Title 27 Historic Preservation and, further, to authorize
publication by summary only.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
V.
A. The City Council approved Title 27 Historic Preservation (Ordinance 3785) in
August 2006 to facilitate Special Tax Valuation for State and National Historic
Register properties within the City.
B. One of Council's 2012 -2013 goals was to "assist the Historic Preservation
Commission with the development of a Historic Preservation Plan for the City." In
November of 2013 the City approved a Historic Preservation Work Plan (Resolution
3521), which includes action items for increasing awareness of historic resources
important to the citizens of Pasco and receiving approval as a Certified Local
Government (CLG).
C. The Historic Preservation Commission recommended approval of the code
amendment at their June 2014 meeting.
D. The Planning Commission considered the proposed ordinance at a public hearing on
July 24, 2014, and likewise recommended adoption of the proposed ordinance at its
August 21, 2014 meeting.
DISCUSSION:
A. The CLG Program is a technical and financial assistance program established by the
National Historic Preservation Act and administered in the State of Washington
through the State Department of Archaeology and Historic Preservation (DAHP).
B. Local governments that establish a historic preservation program which meets federal
and state standards are eligible to apply to the State Historic Preservation Officer
(SHPO) and the National Park Service for certification. A local government that
receives such certification is known as a "Certified Local Government."
C. Benefits of participating in the program include eligibility to apply for special grants
from the State Historic Preservation Office (SHPO), authority to offer Special Tax
Valuation to locally listed properties, technical assistance and training from the
SHPO, access to the national historic preservation assistance network, and to the State
Historic Preservation Office data exchange. CLGs are expected to maintain a historic
preservation commission, maintain a survey of local historic properties, enforce local
preservation laws, review National Register Nominations, and engage the public in
historic preservation activities.
8(d)
D. Among the requirements for CLG status is passage of a Historic Preservation
Ordinance. While the city has a historic preservation ordinance in place, it is limited
in scope, and missing key elements including sections dealing with a local register of
historic places as well as historic resources design review.
E. In order to become a CLG the City Historic Preservation Commission has undertaken
a revision to Title 27 by adding the following elements:
• Language allowing for the expansion of the Historic Preservation Commission
by two members.
• Language establishing a City of Pasco Register of Historic Places compiled of
buildings, structures, sites, objects, and districts identified by the Commission
as having historic significance worthy of recognition and protection by the
City of Pasco.
• Language dealing with the establishment of a comprehensive inventory of
local historic resources which may be eligible for Special Tax Valuation
and /or with potential to be listed on the City, State, or Federal Historic
Registers
• Language establishing a review process for proposals to construct, modify or
significantly affect properties or districts listed on the City of Pasco Historic
Register.
• New definitions as needed.
F. Additional and revised language in the proposed ordinance is nearly verbatim from
State and Federal regulations. The proposed revisions are consistent with State and
Federal code which will allow designation of the City as a Certified Local
Government. If Council concurs with the proposed ordinance, staff will return this
item for Council action.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON AMENDING TITLE 27 "HISTORIC
PRESERVATION" ALLOWING THE CITY TO QUALIFY AS A "CERTIFIED LOCAL
GOVERNMENT" (CLG), EXPANDING THE HISTORIC PRESERVATION COMMISSION,
ESTABLISHING A LOCAL REGISTER OF HISTORIC PROPERTIES, ESTABLISHING A
COMPREHENSIVE INVENTORY LOCAL HISTORIC RESOURCES, AND ESTABLISHING A
LOCAL REVIEW PROCESS.
WHEREAS, The City Council approved Title 27 Historic Preservation (Ordinance 3785) in
August 2006 to facilitate Special Tax Valuation for State and National Historic Register properties within
the City; and
WHEREAS, One of Council's 2012 -2013 goals was to "assist the Historic Preservation
Commission with the development of a Historic Preservation Plan for the City;" and,
WHEREAS, In November of 2013 the City approved a Historic Preservation Work Plan
(Resolution 3521); and,
WHEREAS, one of the major Work Plan action items was the City receiving approval as a
Certified Local Government (CLG); and,
WHEREAS, among the requirements for CLG status is passage of a Historic Preservation
Ordinance which includes key elements including sections dealing with a local register of historic places,
and an historic resources design review; and,
WHEREAS, the City wishes to amend Title 27 "Historic Preservation" to comply with the State
and National requirements for Certified Local Governments; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS
FOLLOWS:
Section 1. That Title 27 entitled "Historic Preservation" of the Pasco Municipal Code shall be and
hereby is amended and shall read as follows:
TITLE 27
HISTORIC PRESERVATION
CHAPTER27.040 PURPOSE ....................................................................................... ............................... 2
CHAPTER 27.050 SHORT TITLE ............................................................................... ............................... 2
CHAPTER27.060 DEFINITIONS ................................................................................ ............................... 2
CHAPTER 27.070 CITY OF PASCO HISTORIC PRESERVATION COMMISSION ............................. 5
CHAPTER 27.075 CITY OF PASCO REGISTER OF HISTORIC PLACES ............... ..............................7
CHAPTER 27.076 REVIEW OF CHANGES TO THE CITY OF PASCO REGISTER OF HISTORIC
RESOURCES................................................................................................................. ..............................9
CHAPTER 27.080 REVIEW AND MONITORING OF PROPERTIES FOR SPECIAL PROPERTY
TAXVALUATION ....................................................................................................... .............................10
CHAPTER27.090 CRITERIA .................................................................................... ............................... 11
CHAPTER27.100 AGREEMENT .............................................................................. ............................... 13
CHAPTER27.110 APPEALS ..................................................................................... ............................... 13
PM Title 27 8/7/2006 (REVISED 9/15/14) 1
CHAPTER 27.040 PURPOSE.
Sections:
27.040.010 PURPOSE ....................................................................................... ..............................2
27.040.010 PURPOSE. The purpose of this ordinance is to provide for the identification,
evaluation, designation, and protection of designated historic and prehistoric resources within the
boundaries of the City of Pasco and preserve and rehabilitate eligible historic properties within the City of
Pasco for future generations through special valuation, a property tax incentive, as provided in Chapter
84.26 RCW in order to:
1) Safeguard the heritage of the City of Pasco as represented by those buildings, districts, objects,
sites and structures which reflect significant elements of Pasco's history;
2) Foster civic and neighborhood pride in the beauty and accomplishments of the past, and a sense
of identity based on Pasco's history;
3) Stabilize or improve the aesthetic and economic vitality and values of such sites, improvements
and objects;
4) Assist, encourage and provide incentives to private property owners for preservation, restoration,
redevelopment and use of outstanding historic buildings, districts, objects, sites and structures;
5) Promote and facilitate the early identification and resolution of conflicts between preservation of
historic resources and alternative uses; and,
6) Conserve valuable material and energy resources by ongoing use and maintenance of the existing
built environment.
CHAPTER 27.050 SHORT TITLE
Sections:
27.050.010 SHORT TITLE ............................................................................... ..............................3
27.050.010 SHORT TITLE. The following sections shall be known and may be cited as the
"Special Valuation for Historic Properties Ordinance of the City of Pasco."
CHAPTER 27.060 DEFINITIONS
Sections
27.060.005 DEFINITIONS ................................................................................ ..............................4
27.060.006 CITY OF PASCO HISTORIC INVENTORY. ......................... 4
27.060.010 CITY OF PASCO HISTORIC PRESERVATION COMMISSION ............................4
27.060.011 CITY OF PASCO REGISTER OF HISTORIC PLACES ............. ..............................4
27.060.020 ACTUAL COST OF REHABILITATION ..................................... ..............................4
27.060.030 BUILDING ..................................................................................... ..............................4
27.060.035 CERTIFICATE OF APPROPRIATENESS.....
27.060.036 CERTIFIED LOCAL GOVERNMENT .........:............................... ..............................4
27.060.040 CLASS OF PROPERTIES ELIGIBLE TO APPLY FOR SPECIAL VALUATION IN
THECITY OF PASCO ..................................................................................... ..............................5
27.060.050 COST ............................................................................................. ............................... 5
27.060.060 EMERGENCY REPAIR ............................................................... ............................... 6
27.060.070 HISTORIC PROPERTY ................................................................. ..............................6
27. 060.075 INCENTIVES ................................................................................ ............................... 6
27.060.080 LOCAL REVIEW BOARD ............................................................ ..............................6
27.060.090 NATIONAL REGISTER OF HISTORIC PLACES ....................... ..............................6
27.060.091 OBJECT ......................................................................................... ............................... 6
27.060.092 ORDINARY REPAIR AND MAINTENANCE ........................... ..............................6
27.060.100 OWNER .......................................................................................... ..............................6
PMC Title 27 8/7/2006 (REVISED 9/15/14)
27.060. 105 SIGNIFICANCE OR SIGNIFICANT 6
27.060.106 SITE ............ ............................... 7
27.060.110 SPECIAL VALUATION ................................................................ ..............................7
27.060.115 STATE REGISTER OF HISTORIC PLACES 7
27.060.120 STRUCTURE ................................................................................. ..............................7
27.060.125 UNIVERSAL TRANSVERSE MERCATOR OR UTM 7
27.060.126 WAIVER OF A CERTIFICATE OF APPROPRIATENESS 7
27.060.130 WASHINGTON STATE ADVISORY COUNCIL'S STANDARDS FOR THE
REHABILITATION AND MAINTENANCE OF HISTORIC PROPERTIES .............................. 7
27.060.005 DEFINITIONS. The following words and terms when used in this ordinance shall
mean as follows, unless a different meaning clearly appears from the context:
27.060.006 CITY OF PASCO HISTORIC INVENTORY "City of Pasco Historic Inventorv" or
"Inventorv" means the comprehensive inventory of historic and Prehistoric resources within the
boundaries of the City of Pasco.
27.060.010 CITY OF PASCO HISTORIC PRESERVATION COMMISSION. "City of Pasco
Historic Preservation Commission," or "Commission" means the Commission created in Section
27.070.010 herein.
27.060.011 CITY OF PASCO REGISTER OF HISTORIC PLACES "City of Pasco Relzister of
Historic Places" "Local Register" or "Register" means the listing of locally designated properties
provided for in Section 27.075 herein
27.060.020 ACTUAL COST OF REHABILITATION. "Actual Cost of Rehabilitation" means
costs incurred within twenty -four months prior to the date of application and directly resulting from one
or more of the following: a) improvements to an existing building located on or within the perimeters of
the original structure; or b) improvements outside of but directly attached to the original structure which
are necessary to make the building fully useable but shall not include rentable/habitable floor -space
attributable to new construction; or c) architectural and engineering services attributable to the design of
the improvements; or d) all costs defined as "qualified rehabilitation expenditures" for purposes of the
federal historic preservation investment tax credit.
27.060.030 BUILDING. A "building" is a structure constructed by human beings. This includes
both residential and nonresidential buildings, main and accessory buildings.
27.060.035 CERTIFICATE OF APPROPRIATENESS "Certificate of Appronriateness" means
the document indicating that the commission has reviewed the Pronosed changes to a local register
property or within a local register historic district and certified the changes as not adversely affecting the
historic characteristics of the property which contribute to its designation.
27.060.036 CERTIFIED LOCAL GOVERNMENT. "Certified Local Government" or "CLG"
means the designation reflecting that the local government has been iointly certified by the State Historic
27.060.010 G A C8 OF PROPERTIES CT TCTDT TO APPLY FOR SPED 3,;kLUATION 94
THE CITY OF PASCO. "Clas f r „o:,, eligible to apply f.. C..eial 3,1al at:.- :_ the City _r D_
___
means p s listed efi the National Register of Histerie nl..res or ...iced as ._t__`"__
Natiefial Register Histaris Distriet whieh hewe been siibstapAially rehabilita4ed at a east and within a time
27.060.040 CLASS OF PROPERTIES ELIGIBLE TO APPLY FOR SPECIAL VALUATION IN
THE CITY OF PASCO "Class of properties eligible to apply for Special Valuation in the City of Pasco”
means all Properties listed on the National Register of Historic Places or certified as contributing to a
National Register Historic District which have been substantially rehabilitated at a cost and within a time
period which meets the requirements set forth in Chapter 84.26 RCW until the City of Pasco becomes a
Certified Local Government (CLG) Once a CLG the class of Properties eligible to apply for Special
Valuation in the City of Pasco means only all properties listed on the local and national Register of
PMC Title 27 8/7/2006 (REVISED 9/15/14)
Historic Places or properties certified as contributing to a local or national Register Historic District
which have been substantially rehabilitated at a cost and within a time period which meets the
requirements set forth in Chanter 84.26 RCW
27.060.050 COST. "Cost" means the actual cost of rehabilitation, which cost shall be at least
twenty -five percent of the assessed valuation of the historic property, exclusive of the assessed value
attributable to the land, prior to rehabilitation.
27.060.060 EMERGENCY REPAIR. "Emergency repair" means work necessary to prevent
destruction or dilapidation to real property or structural appurtenances thereto immediately threatened or
damaged by fire, flood, earthquake or other disaster.
27.060.070 HISTORIC PROPERTY. "Historic property" means real property together with
improvements thereon, except property listed in a register primarily for objects buried below ground,
which is listed on the National Register of Historic Places.
27.060.075 INCENTIVES. "Incentives" are such ri tits or privileges or combination thereof
which the City Council, or other local state or federal public body or agency, by virtue of applicable
present or future legislation, may be authorized to grant or obtain for the owner(s) of Register properties
Examples of economic incentives include but are not limited to tax relief, conditional use permits
rezoning, street vacation, planned unit development transfer of development rights facade easements
gifts, preferential leasing Policies beneficial placement of public improvements or amenities or the like
27.060.080 LOCAL REVIEW BOARD. "Local Review Board ", or 'Board" used in Chapter
84.26 RCW and Chapter 254 -20 WAC for the special valuation of historic properties means the
Commission created in Section 27.070.010 herein.
27.060.090 NATIONAL REGISTER OF HISTORIC PLACES. "National Register of Historic
Places" means the national listing of properties significant to our cultural history because of their
documented importance to our history, architectural history, engineering, or cultural heritage.
27.060.091 OBJECT. An "object' is a thing of functional aesthetic cultural historical or
scientific value that may be by nature or design movable vet related to a specific setting or environment
27.060.092 ORDINARY. REPAIR AND MAINTENANCE "Ordinary repair and maintenance"
means work for which a permit issued by the City of Pasco is not required by law, and where the purpose
and effect of such work is to correct any deterioration or decay of or damage to the real Property or
structure appurtenance therein and to restore the same, as nearly as may be practicable to the condition
prior to the occurrence of such deterioration, decay, or damage
27.060.100 OWNER. "Owner" of property is the owner of record as exists on the Franklin
County Assessor's records.
27.060.105 SIGNIFICANCE OR SIGNIFICANT "Significance" or "significant" used in the
context of historic significance means the following: a property with local state or national significance
is one which helps in the understanding of the history or prehistory of the local area state or nation
(whichever is applicable) by illuminating the local statewide or nationwide impact of the events or
or cultural area, such as a neighborhood Local significance may apply to a property that illustrates a
theme that is important to one or more localities: state significance to a theme important to the history of
the state: and national significance to Property of exceptional value in representing or illustrating an
important theme in the history of the nation
may be the location of prehistoric or historic occupation or activities that may be marked by physical
remains: or it may be the symbolic focus of a significant event or pattern of events that may not have been
actively occupied. A site may be the location of ruined or now non -extant building or structure of the
location itself possesses historic cultural or archaeological significance
27.060.110 SPECIAL VALUATION. "Special Valuation for Historic Properties" or "Special
Valuation" means the local option program which when implemented makes available to property owners
a special tax valuation for rehabilitation of historic properties under which the assessed value of an
PMC Title 27 8/7/2006 (REVISED 9/15/14)
eligible historic property is determined at a rate that excludes, for up to ten years, the actual cost of the
rehabilitation. (Chapter 84.26 RCW).
27.060.115 STATE REGISTER OF HISTORIC PLACES "State Register of Historic Places"
means the state listing of properties significant to the community, state or nation but which may or may
not meet the criteria of the National Register.
27.060.120 STRUCTURE. A "structure" is a work made up of interdependent and interrelated
parts in a definite pattern of organization. Generally constructed by man, it is often an engineering
project.
27.060.125 UNIVERSAL TRANSVERSE MERCATOR OR UTM. "Universal Transverse
Mercator" or "UTM" means the grid zone in metric measurement providing for an exact point of
numerical reference.
27.060.126 WAIVER OF A CERTIFICATE OF APPROPRIATENESS "Waiver of a Certificate
of Appropriateness" or "Waiver" means the document indicating that the commission has reviewed the
allows the building or zoning official to issue a permit for demolition.
27.060.130 WASHINGTON STATE ADVISORY COUNCIL'S STANDARDS FOR THE
REHABILITATION AND MAINTENANCE OF HISTORIC PROPERTIES. "Washington State
Advisory Council's Standards for the Rehabilitation and Maintenance of Historic Properties" or "State
Advisory's Council's Standards" means the rehabilitation and maintenance standards used by the City of
Pasco Historic Preservation Commission as minimum requirements for determining whether or not an
historic property is eligible for special valuation and whether or not the property continues to be eligible
for special valuation once it has been so classified.
CHAPTER 27.070 CITY OF PASCO HISTORIC PRESERVATION COMMISSION
Sections:
27.070.010 CREATION AND SIZE ................................................................. ..............................8
27.070.020 COMPOSITION OF THE COMMISSION .................................... ..............................8
27.070.030 TERMS .......................................................................................... ............................... 8
27.070.040 POWERS AND DUTIES ............................................................... ..............................8
27.070.050 COMPENSATION ...................................................................... ............................... 10
27.070.060 R14X -8- BYLAWS AND OFFICERS .......................................... ............................... 10
27.070.070 COMMISSION STAFF ............................................................... ............................... 10
27.070.010 CREATION AND SIZE. There is hereby established a City of Pasco Historic
Preservation Commission, consisting of not less than five (5) and no more than seven (7) members, as
provided in Sections 27.070.020 and 27.070.030 below. Members of the City of Pasco Historic
Preservation Commission shall be appointed by the Mayor and approved by the Pasco City Council and
shall be residents or own property in the City of Pasco, except as provided in Section 27.070.020(2)
below.
27.070.020 COMPOSITION OF THE COMMISSION
1) All members of the Commission must have a demonstrated interest and competence in historic
preservation and possess qualities of impartiality and broad judgment.
2) The commission shall always include at least two (2) professionals who have experience in
identifying, evaluating, and protecting historic resources and are selected from among the disciplines
of architecture, history, architectural history, planning, prehistoric and historic archaeology, folklore,
cultural anthropology, curatorship, conservation, landscape architecture, or related disciplines. The
Commission action that would otherwise be valid shall not be rendered invalid by the temporary
vacancy of one or all of the professional positions. Furthermore, exception to the residency
PMC Title 27 8/7/2006 (REVISED 9/15/14)
requirement of Commission members may be granted by the Mayor and City Council in order to
obtain representatives from these disciplines,
3) In making appointments, the Mayor may consider names submitted from any source.
27.070.030 TERMS. The original appointment of members to the Commission shall be as
follows: two (2) for two (2) years; two (2) for three (3) years; and eee (1) three for four (4) years.
Thereafter, appointments shall be made for a three (3) year term. Vacancies shall be filled by the Mayor
for the unexpired term in the same manner as the original appointment.
27.070.040 POWERS AND DUTIES. 1) Responsibility. The major responsibility of the Historic
Preservation Commission is to identify and actively encourage the conservation of Pasco's historic
resources by reviewing National Register properties applying for Special Tax Valuation; to raise
community awareness of Pasco's history and historic resources; and to serve as the City of Pasco's
primary resource in matters of history, historic planning, and preservation. In carrying out these
responsibilities, the Historic Preservation Commission shall engage in the following:
a) Conduct and maintain a comprehensive inventory of historic resources within the boundaries of the
City of Pasco and known as the City of Pasco Historic Inventory and publicize and periodically
update inventory results. Properties listed on the inventory shall be recorded on official zoning
records with an "HI" (for historic inventory designation) This designation shall not change or modify
the underlying zone classification.
b) Initiate and maintain the City of Pasco Register of Historic Places This official register shall be
compiled of buildings, structures, sites, objects, and districts identified by the commission as having
historic significance worthy of recognition and protection by the City of Pasco and encouragement of
efforts by owners to maintain, rehabilitate, and preserve properties.
c) Review nominations to the City of Pasco Register of Historic Places according to criteria in Section
27.075 of this ordinance and adopt standards in its bylaws to be used to guide this review.
d) Review proposals to construct, change, alter, modify, remodel move demolish or significantly affect
properties or districts on the reizister as provided in Section 27.076: and adopt standards in its bylaws
to be used to guide this review and the issuance of a certificate of appropriateness or waiver.
e) Provide for the review either by the commission or its staff of all applications for approvals permits
historic resources or adjacent vrouerties.
f) a)-Conduct all Commission meetings in compliance with Chapter 42.30 RCW, Open Public Meetings
Act, to provide for adequate public participation and adopt standards in its Fa4es bylaws to guide this
action.
g) b4- Participate in, promote and conduct public information, educational and interpretive programs
pertaining to historic and prehistoric resources.
h) e�-Establish liaison support, communication and cooperation with federal, state, and other local
government entities which will further historic preservation objectives, including public education,
within the City of Pasco.
i) d) Review and comment to the Pasco City Council on land use, housing and redevelopment,
municipal improvement and other types of planning and programs undertaken by any agency of the
City of Pasco, other neighboring communities, the Franklin County, the State or Federal
governments, as relate to historic resources of the City of Pasco.
j) e) Advise the Pasco City Council and the Mayor generally on matters of Pasco's history and historic
preservation.
k) f) Perform other related functions assigned to the Commission by the Pasco City Council or the
Mayor.
1) g) Provide information to the public on methods of maintaining and rehabilitating historic properties.
This may take the form of pamphlets, newsletters, workshops, or similar activities.
PM Title 27 8/7/2006 (REVISED 9/15/14)
m) h) Officially recognize excellence in the rehabilitation of historic buildings, structures, sites and
districts, and new construction in historic areas; and encourage appropriate measures for such
recognition.
n) i4 Be informed about and provide information to the public and City of Pasco departments on
incentives for preservation of historic resources including legislation, regulations and codes which
encourage the use and adaptive reuse of historic properties.
o) Review nominations to the State and National Registers of Historic Places
p) i) Investigate and report to the Pasco City Council on the use of various federal, state, local or private
funding sources available to promote historic resource preservation in Pasco.
q) k� Serve as the local review board for Special Valuation and:
1. Make determinations concerning the eligibility of historic properties for special valuation;
2. Verify that the improvements are consistent with the Washington State Advisory Council's
Standards for Rehabilitation and Maintenance:
3. Enter into agreements with property owners for the duration of the special valuation period as
required under WAC 254 -20- 070(2);
4. Approve or deny applications for special valuation; Monitor the property for continued
compliance with the agreement and statutory eligibility requirements during the 10 year special
valuation period;
5. Monitor the property for continued compliance with the agreement and statutory eligibility
requirements during the 10 year special valuation period: and:
6. Adopt Files bylaws and/or administrative rules and comply with all other local review board
responsibilities identified in Chapter 84.26 RCW.
r) 1) The Commission shall adopt Files bylaws to address their responsibilities under this ordinance.
27.070.050 COMPENSATION. All members shall serve without compensation.
27.070.060 BYLAWS AND OFFICERS The Commission shall establish and adopt its
own Files bylaws, and shall select from among its membership a chairperson and such other officers as
may be necessary to conduct the Commission's business.
27.070.070 COMMISSION STAFF. Commission and professional staff assistance shall be
provided by the Director of Community & Economic Development with additional assistance and
information to be provided by other City of Pasco departments as may be necessary to aid the
Commission in carrying out its duties and responsibilities under this ordinance.
CHAPTER 27.075 CITY OF PASCO REGISTER OF HISTORIC PLACES
Sections:
27.075.010 CRITERIA FOR DETERMINING DESIGNATION IN THE REGISTER......... 11
27.075.020 CITY OF PASCO REGISTER OF HISTORIC RESOURCES ...................... 12
27.075.030 REMOVAL OF PROPERTIES FROM THE REGISTER .......... ............................... 12
27.075.040 EFFECTS OF LISTING ON THE REGISTER .............. ............................... 13
27.075.010 CRITERIA FOR DETERMINING DESIGNATION IN THE REGISTER. With
owner's consent any building structure site obiect or district may be designated for inclusion in the
City of Pasco Register of Historic Resources if it is significantly associated with the history, architecture
archaeology, engineering, or cultural heritage of the community if it has integrity is at least 50 Years old
or is of lesser age and has exceptional importance; and if it falls in at least one of the followiniz categories:
1. Is associated with events that have made a significant contribution to the broad patterns of
national, state, or local history.
2. Embodies the distinctive architectural characteristics of a type, period style or method of
design or construction or represents a significant and distinguishable entity whose components may lack
individual distinction.
PMC Title 27 8/7/2006 (REVISED 9/15/14)
3. Is an outstanding work of a designer, builder, or architect who has made a substantial
contribution to the art.
4. Exemplifies or reflects special elements of the City's cultural special economic political
aesthetic, engineering, or architectural history.
5. Is associated with the lives of persons significant in national state or local history .
6. Has yielded or may be likely to Yield important archaeological information related to history or
prehistory.
7. Is a building or structure removed from its original location but which is significant primarily
for architectural value, or which is the only surviving structure significantly associated with an historic
person or event.
8. Is a birthplace or Brave of an historical figure of outstanding importance and is the only
surviving structure or site associated with that person
9 Is a cemetery which derives its primary significance from age from distinctive design features
or from association with historic events, or cultural patterns
10. Is a reconstructed building that has been executed in an historically accurate manner on the
original site.
11. Is a creative and uniaue example of folk architecture and design created by persons not
formally trained in the architectural or design professions and which does not fit into formal architectural
or historical categories.
27.075.020 City of Pasco Register of Historic Resources
1. With owner's consent, anyone may nominate a building structure site object or district for
inclusion in the City of Pasco Register of Historic Resources Members of the Historic Preservation
Commission or the commission as a whole may generate nominations In its designation decision the
commission shall consider the City of Pasco Register of Historic Resources and the City Comprehensive
Plan.
2. In the case of individual properties, the designation shall include the Universal Transverse
Mercator (UTM) reference and all features— interior and exterior —and outbuildings that contribute to its
designation.
features, structures, sites, and obiects contributing to the designation of the district
4. The Historic Preservation Commission shall consider the merits of the nomination accordin
to the criteria in Section 27.075.010 and according to the nomination review standards established in
bylaws at a public hearing Adequate notice will be given to the public the owner(s) and the authors of
the nomination if different and lessees if any, of the subject property prior to the public hearing
according to standards for public meetings established in bylaws and in compliance with Chanter 42.30
finds that the nominated property is eligible for the City of Pasco Register of Historic Resources the
commission shall make recommendation to the City Council that the property be listed in the register with
owner's consent. In the case of historic districts, the commission shall consider 75% of property owners
to be adequate for owner consent Owner consent and notification procedures in the case of districts shall
be further defined in bylaws The public property owner(s) and the authors of the nomination if different
and lessees, if any, shall be notified of the listing,
5. Properties listed on the City of Pasco Register of Historic Resources shall be recorded on
official zoning records with an "HR" (for Historic Register) designation and with the Franklin County
Recorder's Office and a certificate of registration of Historical Resource shall be recorded with the
Franklin County Auditor's Office as provided by RCW 84 26.060. This designation shall not change or
modify the underlying zone classification.
27.075.030 Removal of Properties from the Register
PMC Title 27 8/7/2006 (REVISED 9/15/14)
In the event that any property is no longer deemed apmropriate for designation to the City of
Pasco Register of Historic Resources the commission may initiate removal from such designation by the
same procedure as nrovided for in establishing the designation Section 27.075.010. A property may be
removed from the Citv of Pasco Register of Historic Resources without the owner's consent if it fails to
maintain minimum register standards.
27.075.040 Effects of Listing on the Register
1 Listing on the City of Pasco Register of Historic Resources is a designation dentin
significant association with the historic, archaeological engineering or cultural heritage of the
community. Properties are listed individually or as contributing properties to an historic district
2. Prior to the commencement of any work on a register promertv excluding ordinary repair an d
maintenance and emergency measures defined in Section 27.060.060, the owner must request and receive
3 Prior to whole or partial demolition of a register property, the owner must request and receive a
the City of Pasco Register of Historic Resources may be eligible for Special Tax Valuation on their
rehabilitation (Section 27 080).
CHAPTER 27.076 REVIEW OF CHANGES TO THE CITY OF PASCO REGISTER OF
Sections:
27. 076.010 REVIEW REQUIRED .................. .................... .......... .. 14
27.076.020 EXEMPTIONS ......................................................................... ............................... 14
27.076.030 REVIEW PROCESS .................................................. ............................... 14
27.076.010 REVIEW REQUIRED.
No person shall change the use, construct any new building or structure or reconstruct alter,
restore, remodel, repair, move, or demolish any existing property on the City of Pasco Register of Historic
Resources or within an historic district on the City of Pasco Register of Historic Resources without
review by the commission and without receipt of a Certificate of Appropriateness or in the case of
designation and are listed on the nomination form. Information required by the commission to review the
proposed changes are established in commission bylaws.
27.076.020 EXEMPTIONS.
The following activities do not reouire a Certificate of Awromiateness or review by the
commission: ordinary repair and maintenance —which includes painting —or emergency measures
defined in Section 27.060.060.
27.076.030 REVIEW PROCESS
1. Requests for Review and Issuance of a Certificate of Ampromriateness or Waiver
The building or zoning official shall report any application for a permit to work on a designated
City of Pasco Register of Historic Resources Register property or in a Pasco historic district to the
commission. If the activity is not exempt from review, the commission or professional staff shall notify
the applicant of the review requirements. The building or zoning official shall not issue any such permit
until a Certificate of Appropriateness or a waiver is received from the commission but shall work with the
comrission in considering building and fire code requirements.
2. Commission Review
The owner or his/her agent (architect, contractor, lessee, etc.) shall apply to the commission for a
review of proposed changes on a City of Pasco Register of Historic Resources property or within a Pasco
PMC Title 27 8/7/2006 (REVISED 9/15/14)
historic district and request a Certificate of Appropriateness or, in the case of demolition a waiver. Each
application for review of proposed changes shall be accomnanied by such information as is required by
the commission established in its bylaws for the proper review of the proposed proiect.
mace ar remar meetings of the commission The commission shall complete its review and make its
recommendations within thirty (30) calendar days of the date of receipt of the application If the
commission is unable to process the request the commission may ask for an extension of time
The commission's recommendations shall be in writing and shall state the findings of fact and
reasons relied upon in reaching its decision. Any conditions agreed to by the applicant in this review
process shall become conditions of approval of the permits granted. If the owner agrees to the
commission's recommendations a Certificate of Appropriateness shall be awarded by the commission
according to standards established in the commission's bylaws
The commission's recommendations and if awarded the Certificate of Appropriateness shall be
transmitted to the building or zoning official If a Certificate of Appropriateness is awarded the building
or zoning official may then issue the permit
3. Demolition
A waiver of the Certificate of Appropriateness is required before a hermit may be issued to allow
whole or partial demolition of a designated City of Pasco Register of Historic Resources nroperty or in a
Pasco historic district. The owner or his/her agent shall apply to the commission for a review of the
proposed demolition and request a waiver. The applicant shall meet with the commission in an attempt to
find alternatives to demolition. These negotiations may last no longer than 45 calendar days from the
initial meeting of the commission unless either party requests an extension If no request for an
extension is made and no alternative to demolition has been agreed to the commission shall act and
advise the official in charge of issuing a demolition permit of the approval or denial of the waiver of a
Certificate of Appropriateness. Conditions in the case of granting a demolition hermit may include
allowing the commission up to 45 additional calendar days to develop alternatives to demolition When
register.
4. Appeal of Approval or Denial of a Waiver of a Certificate of Appropriateness
The commission's decision re yarding a waiver of a Certificate of Appropriateness may be
appealed to a hearing examiner pursuant to PMC Chanter 25.84 within ten days The apnea] must state
the grounds upon which the appeal is based
The appeal shall be reviewed in a closed- record hearing by a hearing examiner pursuant to PMC
Chapter 25.84 only on the records of the commission Appeal of the hearing examiner's decision
regarding a waiver of a Certificate of Appropriateness may be appealed to Superior Court
CHAPTER 27.080 REVIEW AND MONITORING OF PROPERTIES FOR SPECIAL
PROPERTY TAX VALUATION
Sections:
27.080.010 TIMELINES ................................................................................ ............................... 16
27.080.020 PROCEDURE .............................................................................. ............................... 16
27.080.010 TIMELINES.
1) Applications shall be forwarded to the Commission by the Franklin County Assessor
within ten (10) calendar days of filing.
PMC Title 27 8/7/2006 (REVISED 9/15/14) 10
2) Applications shall be reviewed by the Commission before December 31 of the calendar
year in which the application is made provided that the application is received prior to
October 1.
3) Commission decisions regarding the applications shall be certified in writing and filed
with the Franklin County Assessor within ten (10) calendar days of issuance.
27.80.20 PROCEDURE.
1) The Franklin County Assessor forwards the application(s) to the Commission.
2) The Commission reviews the application(s), consistent with its Pales bylaws, and
determines if the application(s) are complete and if the properties meet the criteria set
forth in WAC 254 -20- 070(1) and listed in Section 27.090.030 of this ordinance.
a) If the Commission finds the properties meet all the criteria, then, on behalf of the
City of Pasco, it enters into a Historic Preservation Special Valuation Agreement (set
forth in WAC 254 -20 -120 and in Section 27.100 of this ordinance) with the owner.
Upon execution of the agreement between the owner and Commission, the
Commission approves the application(s)
b) If the Commission determines the properties do not meet all the criteria, then it shall
deny the application(s).
3) The Commission certifies its decisions in writing and states the facts upon which the
approvals or denials are based and files copies of the certifications with the Franklin
County Assessor.
4) For approved applications:
a) The Commission forwards copies of the agreements, applications, and supporting
documentation (as required by WAC 254 -20 -090 (4) and identified in Section
27.090.020 of this ordinance) to the Franklin County Assessor,
b) Notifies the state review board that the properties have been approved for special
valuation, and
c) Monitors the properties for continued compliance with the agreements throughout the
10 -year special valuation period.
5) The Commission determines, in a manner consistent with its Pales bylaws, whether or not
properties are disqualified from special valuation either because of:
a) The owner's failure to comply with the terms of the agreement, or
b) Because of a loss of historic value resulting from physical changes to the building or
site.
c) For disqualified properties, in the event that the Commission concludes that a
property is no longer qualified for special valuation, the Commission shall notify the
owner, assessor, and state review board in writing and state the facts supporting its
findings.
6) For disqualified properties, in the event that the commission concludes that a nronerty is
no longer qualified for special valuation, the commission shall notify the owner, assessor,
and state review board in writing and state the facts supporting its findings
CHAPTER 27.090 CRITERIA
Sections
27.090.010 HISTORIC PROPERTY CRITERIA .......................................... ...............................
18
27.090.020 APPLICATION CRITERIA ........................................................ ...............................
18
27.090.030 PROPERTY REVIEW CRITERIA ............................................. ...............................
18
27. 090.040 REHABILITATION AND MAINTENANCE CRITERIA ......... ...............................
19
27.090.050 EVALUATION COSTS .............................................................. ...............................
19
PMC Title 27 8/7/2006 (REVISED 9/15/14)
11
27.090.010 HISTORIC PROPERTY CRITERIA: The class of historic property eligible to apply
for Special Valuation in City of Pasco means properties listed on the National Register of Historic Places
which have been substantially rehabilitated at a cost and within a time period which meets the
requirements set forth in Chapter 84.26 RCW, until the City of Pasco becomes a Certified Local
nronerties certified as contributing to a local and/or national Resister Historic District which have been
substantially rehabilitated at a cost and within a time period which meets the requirements set forth in
Chapter 84.26 RCW.
27.090.020 APPLICATION CRITERIA: Complete applications shall consist of the following
documentation:
1) A legal description of the historic property,
2) Comprehensive exterior and interior photographs of the historic property before and after
rehabilitation,
3) Architectural plans or other legible drawings depicting the completed rehabilitation work, and
4) A notarized affidavit attesting to the actual cost of the rehabilitation work completed prior to
the date of application and the period of time during which the work was performed and
documentation of both to be made available to the commission upon request, and
5) For properties located within historic districts, in addition to the standard application
documentation, a statement from the Secretary of the Interior or Pasco Director of
Community and Economic Development, indicating the property is a certified historic
structure is required.
6) Any other documents that the Commission needs to evaluate the request. All costs shall be
the responsibility of the applicant.
27.090.030 PROPERTY REVIEW CRITERIA. In its review the Commission shall determine if
the properties meet all the following criteria:
1) The property is historic property;
2) The property is included within a class of historic property determined eligible for Special
Valuation by the City of Pasco under Section 27.080.020 of this ordinance;
3) The property has been rehabilitated at a cost which meets the definition set forth in RCW
84.26.020(2) (and identified in Section 27.060.020 of this ordinance) within twenty -four
months prior to the date of application; and the property has not been altered in any way
which adversely affects those elements which qualify it as historically significant as
determined by applying the Washington State Advisory Council's Standards for the
Rehabilitation and Maintenance of Historic Properties (WAC 254 -20- 100(1).
27.090.040 REHABILITATION AND MAINTENANCE CRITERIA: The Washington State
Advisory Council's Standards for the Rehabilitation and Maintenance of Historic Properties in WAC 254-
20 -100 shall be used by the Commission as minimum requirements for determining whether or not an
historic property is eligible for special valuation and whether or not the property continues to be eligible
for special valuation once it has been so classified.
27.090.050 EVALUATION COSTS: Costs, mutually agreed upon by the applicant and
Commission, including but not limited to the costs of professional services, incurred by the Commission
in evaluating applications for Special Valuation shall be the responsibility of the applicant(s).
PMC Title 27 8/7/2006 (REVISED 9/15/14) 12
CHAPTER 27.100 AGREEMENT
Sections:
27.100.010 AGREEMENT ............................................................................. ............................... 20
27.100.010 AGREEMENT. The historic preservation special valuation agreement in WAC 254-
20 -120 which shall be recorded with the Franklin County Auditor's Office shall be used by the
Commission as the minimum agreement necessary to comply with the requirements of RCW
84.26.050(2).
CHAPTER 27.110 APPEALS
Sections:
27.110.010 APPEALS .................................................................................... ............................... 21
27.110.010 APPEALS. A^ deeisio^ ^c the n,,.„„.issi,, aeting on any app1jeatieft c
elassifieatien as historic prepeFty, eligible fer speeia4 veluaAien, may he appealed te Superior GeuA under
Chapter zn 05 510 on 05 598 RGW ie .chit.,. . eer _ _ edy o f l
J th J Aft] deeisieft en h
Any decision of the Commission on an application for
classification as historic property under this Chapter shall be subject to an administrative appeal before
the Hearing Examiner pursuant to PMC Chapter 25.84, prior to initiating an action for appeal to the
Franklin County Superior Court as provided in RCW 84.26 130. Any decision of the Commission on the
disoualification of historic nroueM eligible for special valuation may be appealed to the Franklin County
Board of Equalization in accordance with RCW 84.40.038
Section 2.This ordinance shall be in full force and effect five days after passage and publication as
required by law.
PASSED by the City Council of the City of Pasco, at its regular meeting of September _, 2014.
Matt Watkins
Mayor
ATTEST:
APPROVED AS TO FORM:
Debra L. Clark Leland B. Kerr
City Clerk
City Attorney
PMC Title 27 8/7/2006 (REVISED 9/15/14) 13
BY -LAWS OF THE CITY OF PASCO HISTORIC PRESERVATION
COMMISSION
2014
SECTION 1: GENERAL RULES AND
These Bylaws establish the rules and procedures under which the City of Pasco Historic
Preservation Commission (HPC or Commission) executes those duties and functions set forth
in City of Pasco City Ordinance No. A =Historic Preservation.
A. NAME
1. The name of the organization shall be THE CITY OF PASCO HISTORIC
PRESERVATION COMMISSION.
B. PURPOSE
1. The purpose is to provide for the identification, evaluation, and protection of historic
resources; raise community awareness; and serve as the city's primary resource in matters
of history, historic planning, and preservation in a manner prescribed in Pasco Municipal
Code (PMC) Section 27.040.010.
C. MEMBERSHIP
1. The Commission shall consist of at least five (5) and not more than seven (7) members
appointed by the Mayor and approved by the City Council as prescribed in PMC
27.070.010;
2. "Creation and Size: There is hereby established a City of Pasco Historic Preservation
Commission, consisting of at least five (5) and not more than seven (7) members, as
provided in subsection B below. Members of the City of Pasco Historic Preservation
shall be appointed by the Mayor and approved by the City Council and shall be residents
of the City of City of Pasco, except as provided in subsection B below.
3. Composition of the Commission:
b. All members of the commission must have a demonstrated interest and
competence in historic preservation and possess qualities of impartiality and
broad judgment.
c. The commission shall always include at least 2 professionals who have
experience in identifying, evaluating, and protecting historic resources and are
selected from the disciplines of history, architecture, architectural history, historic
preservation, planning, cultural anthropology, archaeology, cultural geography,
American studies, law, and real estate. The commission action that would
otherwise be valid shall not be rendered invalid by the temporary vacancy of one
or all of the professional positions, unless the commission action is related to
meeting Certified Local Government (CLG) responsibilities cited in the
Certification Agreement between the Mayor and the State Historic Preservation
Officer. Furthermore, the Mayor, and City Council may grant exception to the
Pasco Historic Preservation Commission By -Laws Page 1 of 24
SECTION I - General Rules and Procedures Adopted XX/XX /2014
residency requirement of commission members in order to obtain representatives
from these disciplines.
d. In making appointments, the Mayor may consider names submitted from any
source, but the Mayor shall notify history and city development related
organizations of vacancies so that names of interested and qualified individuals
may be submitted by such organizations for consideration along with names from
any other sources.
4. Terms of Members
a. The original appointment of members to the Commission shall be from August 1,
2006 and shall proceed as follows: two (2) for two (2) years; two (2) for three (3)
years; and at least one (1) but no more than three (3) for four (4) years. Thereafter,
appointments shall be made for a three (3) year term beginning on August I' of
each year. Vacancies shall be filled by the Mayor for the unexpired term in the
same manner as the original appointment.
D. ATTENDANCE OF MEMBERS
1. All members shall attend regularly scheduled meetings and shall be on time. If three
consecutive regularly scheduled meetings are missed without good cause as determined
by the commission, resignation shall be encouraged.
E. QUORUM I ,
1. A quorum is a simple majority, ofthe five to seven members (depending upon the
composition of the quorum) eligible fowote at a meeting. Should there be less than five
members on the five - member commission at any given time, a quorum of three (3) shall
be shall still be required. Should there be less than seven members on the seven - member
commission at any given. time, a quorum of five (5) shall be shall still be required. A
quorum is nece nary to transact any official business.
F. OFFICERS AND STAFF
1. The officers of this`�brganization shall be Chairman and Chairman Pro Tem. The Recorder
and Secretary, though present, shall.not be members. Officers beyond these mentioned
are not a functional need of the commission. Should the need arise on a permanent or
temporary basis, *necessary office shall be voted in by a majority vote.
2. All officers shall perform their duties as prescribed by these by -laws and by
parliamentary authority adopted bythe organization.
a. The election for Chairman and Chairman Pro Tem shall be held at the regularly
scheduled August meeting. Nominations shall be made from the floor and election
held immediately before new business. The officers shall be elected for a one -year
term or until their successors are elected, with their term of office beginning
immediately after election.
b. The Chairman shall preside over all regularly scheduled and all special or called
meetings of the Commission. The chairman shall appoint members to specific
task forces (ad -hoc) committees which term shall end when the task is completed.
All tasks presented to a committee shall be executed in a timely manner.
c. The Chairman Pro Tem assumes the duties of the Chairman in the absence of the
Chairman. In the absence of the Chairman, the Chairman Pro Tem will have the
same powers and duties as those of the Chairman.
Pasco Historic Preservation Commission By -Laws Page 2 of 24
SECTION I - General Rules and Procedures Adopted XX /XX/2014
d. The Recorder shall assure that the minutes of all commission meetings are taken
and provided to the appropriate persons.
e. Commission and professional staff assistance shall be provided by the Director of
Community & Economic Development, and additional assistance and information
to be provided by other City departments as may be necessary to aid the
commission in carrying out its duties and responsibilities as prescribed in PMC
Section 27.070.040.
f. The Community & Economic Development staff representative shall act as
secretary. The secretary shall distribute information to members including
minutes, information pertinent to tasks at hand, and all current and updated
materials that members are in need of in order to carry out their tasks. Also, the
secretary shall act as an advisor to the Commission and shall notify members of
meeting dates and times not less than five (5) days before the meeting.
E. POWERS AND DUTIES
1. The major responsibility of the Historic Preservation Commission is to identify and
actively encourage the conservation of the City of City of Pasco's historic resources by
initiating and maintaining a register of historic resources, reviewing proposed changes to
register properties, raising community awareness of the city's history and historic
resources; and serving as the city's primary resource in matters of history, historic
planning, and preservation.
2. Review nominations to the City of Pasco Register of Historic Places according to criteria
in PMC 27.080 and adopt standards to be used to guide this review.
3. Review proposals to construct, change, alter, modify, remodel, move, demolish or
significantly affect properties or districts on the register as provided in PMC 27.090.040;
and adopt standards to be used to guide this review, and the issuance of a certificate of
appropriateness.
4. No member of the HPC shall advise or express; an opinion about a proposed Certificated
of Appropriateness outside of a regular meeting.
F. MEETINGS
1. The regularly scheduled meeting of this Commission shall be monthly with the date and
time determined by a vote of the Commission and will be held in a predesignated location
unless otherwise directed by the Chairman or a commission vote in compliance with
Chapter 42 -30 RCW, Open Public Meeting Act, to provide for adequate public
participation and'adopt standards to guide this action. All meetings shall start on time and
shall be executed expeditiously by the Chairman.
2. Special meetings may be called by the Chairman. The purpose of the meeting will be
stated in the call. Except in emergencies, at least three (3) days notice shall be given for
special meetings and five (5) days notice for regularly scheduled meetings.
3. Parliamentary authority of the meetings shall be the current edition of Robert's RULES
OF ORDER NEWLY REVISED.
4. Procedures for conducting regular meetings.
a. Pre - Meeting
Pasco Historic Preservation Commission By -Laws Page 3 of 24
SECTION I - General Rules and Procedures Adopted XX/XX/2014
i. If there are agenda items, regular meetings will be held monthly and a date
and time specified by the HPC. In case of scheduling conflicts the meeting
place may be changed at the discretion of the Chair with ten (10) days
advance notice given to HPC members and the public. If the meeting date
falls on an official holiday, the meeting may be changed to a time and place
as determined by the HPC at the preceding month's meeting. If such a
change occurs, the regular meeting place will be posted as to the new time
and place.
ii. If there are no agenda items, the Chair may cancel the regular meeting after
giving all HPC members and the public 24 hours advance notice. However,
if a majority of HPC members express the desire to hold the meeting, it shall
convene as scheduled. If the meeting is canceled, a notice to that effect will
be posted at the regular meeting place at the regular time.
iii. Special meetings may be called by the Chair or by a majority of the HPC
members. Commission members will be given at least 24 hours advance
notice of the time and place of such meetings.
iv. All regular and special meetings will be open to the public and the date,
place and agenda will be publicized in accordance with the Open Public
Meetings Act (Chapter 42.30 RCW) except when a majority of Commission
members determine that an executive session is necessary as detailed in the
Open Public Meeting Act ( Chapter 42.30.110). The agenda for regularly
scheduled meetings shall be Posted and advertised 48 hours prior to the
regularly, scheduled meetings.
V. The order bf agenda items will be determined by their order of receipt. All
applications, including designation review and special valuation review
must be filed at least one (1) month before the meeting at which the case is
to be considered. This allows staff sufficient time to copy and distribute
materials to HPC members. Design Review applications must be filed at
least one (1) ;week prior to-the regularly scheduled meetings at which they
are to be considered.
vi. Staff shall be responsible for notifying principles in each case as specified
under the rules for review procedures.
b. Regular Order of Business for Meetings
i. Business will be conducted under Robert's Rules of Order. All issues will be
decided by simple majority vote except amendments to the By -Laws, which
require a vote of two- thirds (2/3) of the membership.
ii. Three (3) members or 60 percent (60 %) of the non -vacant membership on
the HPC constitute a quorum. Meetings without a quorum will be recessed
to the earliest possible date.
iii. Minutes will be taken during all HPC proceedings..
iv. The regular order of business shall be as follows:
(a) Call to order.
(b) Roll call.
(c) Adoptions of minutes.
Pasco Historic Preservation Commission By -Laws Page 4 of 24
SECTION I - General Rules and Procedures Adopted XX/XX/2014
(d) Unfinished business.
(e) New business.
(f) Other business.
(g) Adjournment.
v. The regular order of business for consideration for applications for local
register review, design review and special valuation review shall be as
follows:
(a) The Chair shall open the hearing and have staff offer a preliminary
statement concerning the application.
(b) The applicant or the designated agent of the applicant presents
statements in favor of the application including relevant pictures,
models, etc.
(c) Statements in opposition to the application.
(d) Comments by interested persons, organizations, or legal entities.
(e) Rebuttal by all concerned parties.
(f) Staff comments.
(g) Summary of above by Chair or chair - designated person.
(h. The Chair shall close the hearing and initiate deliberation by
Commission.
(i) Motion for action.
(j) Vote.
During the course of the meeting, the above procedure may be temporarily
modified by the concurrence of all parties and the HPC.
vi. The HPC shall act on each application at the meeting unless a majority of
the`Qbmmission decide to defer consideration to a later date. Requests for
conti nuance may be granted if all parties agree. The Chair will publicly
announce the continuance, and the case automatically set on the agenda for
the. next regularly scheduled meeting. In such a case, no further notice is
required for the principles in the case.
vii. In the event of the uncontrollable disruption of the meeting, the HPC may
clear the meeting room and continue in executive session or may adjourn
and reconvene at another location selected by majority vote of the members.
In such a case, business shall be restricted to those items on the printed
agenda. Persons or news media representatives not participating in the
disturbance may be readmitted in this situation.
c. Plan for copying, distributing and implementing rules
i. The master copies of all historic preservation related rules and procedures,
application standards, criteria, and standard forms will remain on file with
the City of City of Pasco in electronic format. Complete copies of these
documents will be made available to the Mayor and members of the City
Council and the general public via the City of Pasco website. Electronic
and/or hard copies of Design and Designation Review processes documents
will be made available to the Building Inspector. Complete electronic copies
Pasco Historic Preservation Commission By -Laws Page 5 of 24
SECTION I - General Rules and Procedures Adopted XX/XX/2014
of all such documents will be provided for the members of the HPC, the
City Clerk staff and OAHP.
G. AMENDING BY -LAWS
These by -laws may be amended at any regularly scheduled meeting of The City of Pasco
Historic Preservation Commission by a 2/3 vote of the attending membership provided the
amendment has been submitted in writing.
Pasco Historic Preservation Commission By -Laws Page 6 of 24
SECTION I - General Rules and Procedures Adopted XX/XX/2014
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Pasco Historic Preservation Commission By -Laws Page 6 of 24
SECTION I - General Rules and Procedures Adopted XX/XX/2014
SECTION II: RULES AND PROCEDURES FOR DESIGNATION REVIEWS — CITY OF
PASCO REGISTER OF HISTORIC PLACES
Under the provisions of the City of Pasco Historic Preservation Ordinance (HPO) the City of
Pasco Historic Preservation Commission (HPC or Commission) is directed to initiate and
maintain a City of Pasco Register of Historic Places (RHP or Register) and to review
nominations to the Register.
Any building, structure, site, object or district may be placed on the Register i£
1. The HPC determines it meets RHP criteria.
2. The Pasco City Council approves it.
3. The owner consents to register placement of the property.
Any individual, group of property owners or other interested group or association, City or
County Council member, City of Pasco Historic Preservation Commission member or HPC as a
whole may nominate a building, structure, site, object or district for inclusion on the Register.
There shall be a minimum of one (1) public hearing as well as a posting of the hearing. Owner
consent for individual properties is required for placement on the RHP.
A. CITY OF PASCO REGISTER OF HISTORIC PLACES CRITERIA
The following are criteria for the inclusion of properties on the City of Pasco Register of
Historic Places (RHP) as stated in the United States Secretary of Interior Standards
and pertaining to PMC 27.075.010.
Any building, structure, site, object, or district may be placed on the RHP if it is significantly
associated with history, architecture, archaeology, engineering, or cultural heritage of the
City of Pasco; has historical integrity; is at least 50 years old, or, if younger, possesses
exceptional importance; and if it meets at least one of the following criteria set forth by the
Secretary of the Interior Standards:
1. It is associated with events that have made a significant contribution to the broad patterns
of national, state or local history.
2. It embodies the distinctive architectural characteristics of a type, period, style, or method
of construction, or represents a significant and distinguishable entity whose components
may lack individual distinction.
4. It is an outstanding work of a designer, builder or architect who has made a substantial
contribution to the art.
5. It exemplifies or reflects special elements of the City's cultural, special, economic,
political, aesthetic, engineering or architectural history.
6. It is associated with the lives of persons significant in national, state, or local history.
7. It has yielded or is likely to yield important archaeological information.
7. It is a building or structure removed from its original location but which is significant
primarily for architectural value, or which is the only surviving structure significantly
associated with an historic person or event.
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SECTION II - Design Review Adopted XX/XX/2014
8. It is a birthplace or grave of a historical fixture of outstanding importance and is the only
surviving structure or site associated with that person.
9. It is a cemetery that derives its primary significance from age, from distinctive design
features, or from association with historic events or cultural patterns.
10. It is a reconstructed building that has been executed in a historically accurate manner on
the original site.
11. It is a creative and unique example of folk architecture and design created by persons not
formally trained in the architectural or design professions, and which does not fit into
formal architectural or historical categories.
B. APPLICATION STANDARDS FOR CITY OF PASCO REGISTER OF HISTORIC
PLACES
An acceptable City of Pasco Register of Historic Places application is a nomination form
completed according to uniform guidelines of the City of Pasco Historic Preservation
Commission.
All interior and exterior features and outbuildings that contribute to the designation should be
mentioned and described. District designations should include a description of proposed
district boundaries including alleys, the characteristics of the district which justifies its
designation, and a list of all properties including features, structures, sites, objects and open
spaces which contribute to the designation of the district.
The original form should be presented along with the following documentation:
1. Copy of the historic property inventory form.
2. Current and historic (if available) photographs.
3. Newspaper articles.
4. Other relevant materials.
Uncompleted forms or those with insufficient documentation will not be considered and will be
returned to the applicant with recommendations
C. PROCEDURES FOR DESIGNATION REVIEW MEETINGS
1. Pre - meeting
a. Applicant or Designated Agent:
i. Meets with HPC staff (Staff) concerning the application form and the
necessary documentation.
ii. Submits the completed application to Staff at least one (1) month before
the regularly scheduled meeting at which the application is to be
considered.
b. Staff-
i. Meets with the applicant concerning the application form and the
necessary documentation.
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SECTION II - Design Review Adopted XX/XX/2014
ii. Reviews the application for completeness and includes the case on the
agenda based on determination that the application is complete.
2. Meeting
a. Designation review will occur as a hearing held during a regularly scheduled
meeting as detailed in the rules for conducting HPC meetings.
b. The regular order of business for consideration of applications to the RHP shall be
as follows:
i. The Chair shall open the hearing and shall call upon staff to offer a
preliminary statement concerning the application.
ii. The applicant or designated agent of the applicant presents statements in
favor of the application including relevant pictures, models, etc.
iii. Questions by Commissioners.
iv. Statements in opposition to the application.
v. Comments by HPC, interested persons, organizations or legal entities.
vi. Rebuttal by all concerned parties.
vii. Staff comments.
viii. Summary of above by Chair or designated person and closing of the
hearing.
ix. Deliberation by Commission.
x. The motion for the recommendation should be based on the designation
criteria. Criteria should be included in the motion.
During the course of the hearing, the above procedure may be temporarily modified
by the concurrence of all parties and the HPC.
c. Commission members apply designation criteria, as outlined in the Secretary of the
Interior's Standards, to the property or district to evaluate the nomination.
The members should consider information related to the designation criteria as
presented above during the designation hearing and from the site visit.
The Commission:
i. Determines the category of historic property.
ii. Establishes a context for evaluating the property.
iii. Identifies the level of significance (National, State, local).
iv. Evaluates the integrity of the property.
v. Determines if there are special conditions that might make the property
eligible.
vi. Determines if the property meets the criteria.
vii. Votes on the recommendation.
Post Meeting
a. Staff and/or Chair:
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SECTION II - Design Review Adopted XX/XX /2014
i. Notify owner and applicant in writing of the HPC's recommendation
within one (1) week of the meeting.
ii. Notify applicant of the appeals process if the recommendation is against
placement of the property on the Register.
iii. Get the owner's written acknowledgement when the property is placed on
the Register.
iv. Shall forward the Commission's recommendation for individual properties
to the City Council including the application and supporting
documentation, including letters of support and opposition, and the
owner's written acknowledgement to the City Council for final
determination.
v. Shall forward district nomination with the HPC's recommendation with
supporting documentation to the City Council for final determination.
vi. Notifies the Building Inspector if the property is listed on the Register.
vii. Notifies applicant of the City Council's final decision.
b. City of Pasco City Council:
Once the case is with City Council, they can concur with or reject the
Commission's recommendation, or send the case back to the Commission for
further study. If the Council:
i. Concurs with a positive recommendation the property is listed on the City
of Pasco Register of Historic Places (RHP) by resolution.
ii. Concurs with a negative recommendation, the property is not listed on the
RHP.
iii. Rejects the recommendation; the case goes back to the HPC.
C. City of Pasco Historic Preservation Commission
If the recommendation is rejected by the City Council, at the next regularly
scheduled meeting, the Commission:
i. Shall decide whether any other protection for the property is necessary or
possible.
D. APPEALS OR
1. A negative recommendation or a non - acceptance of an application by the HPC is not
irrevocable. If new information becomes available or if the applicant wishes, the
application may be resubmitted with HPC approval to the HPC. In such a case, the entire
procedure must be repeated.
2. Any decision of the Commission on an application for classification as historic Dronertv
under this Chanter shall be subject to an administrative appeal before the Hearing
Examiner pursuant to PMC Chapter 25.84, prior to initiating an action for appeal to the
Franklin County Superior Court as provided in RCW 84.26.130. Any decision of the
Commission on the disqualification of historic property eligible for special valuation may
be appealed to the Franklin County Board of Equalization in accordance with RCW
84.40.038. In such a case, documentation shall be limited to that nomination material
presented during the HPC public meeting and the minutes of that meeting.
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SECTION II - Design Review Adopted XX/XX/2014
E. MISCELLANEOUS
1. Once a property has been approved by the HPC for placement on the City of Pasco
Register of Historic Places, the Certificate of Appropriateness review process becomes
effective. If the City Council does not concur with the HPC's recommendation and the
property is not listed, the review process no longer applies.
2. If the case involves a historic district, the boundaries of that district are set with City
Council approval by resolution.
3. In the event that any property is no longer deemed appropriate for designation to the City
of Pasco Register of Historic Placed, the HPC may initiate removal by following the
same procedure as provided for listing.
4. In its designation recommendation, the Commission shall consider the City of Pasco
Historic Inventory and the City Comprehensive Plan.
Pasco Historic Preservation Commission By -Laws Page 11 of 24
SECTION II - Design Review Adopted XX/XX/2014
SECTION HI: RULES AND PROCEDURES FOR DESIGN REVIEW AND ISSUANCE
OF A CERTIFICATE OF APPROPRIATENESS — CITY OF PASCO
REGISTER OF HISTORIC PLACES
Design Review is the process through which the City of Pasco Historic Preservation Commission
(HPC or Commission) reviews proposed changes to City of Pasco's historic resources. Once a
property is listed on the City of Pasco Register of Historic Places (RHP), any work done on the
exterior of the property that would ordinarily necessitate a building permit will, in addition,
require a Certificate of Appropriateness. These activities include:
1. Alterations to historic structures.
2. New construction within historic districts.
3. Change of use.
4. Replacement and repair.
5. Demolition of historic structures.
The basis for all rehabilitation design review shall be the Standards of Rehabilitation
developed by the United States Department of Interior
a. Every reasonable effort shall be made to provide compatible use for a property,
which requires minimal alteration of the building, structure, or site and its
environment, or to use a property for its originally intended purpose.
b. The distinguishing original qualities or character of a building, structure or site and
its environment shall not be destroyed. The removal or alteration of any historic
material or distinctive architectural feature should be avoided when possible.
C. All buildings, structures, and sites shall be recognized as products of their own
time. Alterations that have no historical basis and which seek to create an earlier
appearance shall be discouraged.
d. Changes which may have taken place in the course of time are evidence of the
history and development of a building, structure, or site and its environment. These
changes may have acquired significance in their own right, and this significance
shall be recognized and respected.
e. Distinctive stylistic features or examples of skilled craftsmanship shall be treated
with sensitivity.
f. Deteriorated architectural features shall be repaired rather than replaced, wherever
possible. In the event replacement is necessary, the new material should match the
material being replaced in composition, design, color, texture and other visual
qualities. Repair or replacement of missing architectural features should be based
on accurate duplication of features, substantiated by historic, physical, or pictorial
evidence rather than on conjectural designs or the availability of different
architectural elements from other buildings or structures.
g. The surface cleaning of structures shall be undertaken with the gentlest means
possible. Sandblasting and other cleaning methods that will damage the historic
building materials shall not be undertaken.
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SECTION III - Design Review & Certificate of Appropriateness Adopted XMOU2014
h. Every reasonable effort shall be made to protect and preserve archeological
resources affected by, or adjacent to, any project.
i. Contemporary design for alterations and additions to existing properties shall not be
discouraged when such alterations and additions do not destroy significant
historical, architectural or cultural material, and such design is compatible with the
size, scale, color, material, and character of the property, neighborhood, or
environment.
j. Wherever possible, new additions or alterations to structures shall be done in such a
manner that if such additions or alterations were to be removed in the future, the
essential form and integrity of the structure would be unimpaired.
The Certificate of Appropriateness is approved by the HPC as required under powers granted it
by the Historic Preservation Ordinance of the City of Pasco (PMC 27.070.040).
A. PROCEDURES FOR CONDUCTING MEETINGS
1. Pre - meeting
a. Applicant/Designated Agent
An applicant wishing to make such changes:
i. Applies to the Building Inspector according to usual procedure.
ii. Applies to the HPC staff for a review of proposed changes on a City of
Pasco Register of Historic Places property or within a historic district.
iii. May meet with HPC or staff to review design guidelines.
iv. Submits application for design review at least one (1) week before a
regularly scheduled meeting.
b. Building Inspector:
i. Report to the HPC staff on any application for a permit to work or a
designated City of Pasco Register of Historic Places property or a property
within a designated City of Pasco Historic District.
ii. Continues processing the permit.
iii. Works with the HPC staff in considering fire and building codes.
iv. Does not issue permits until the HPC recommendations are received.
C. Staff:
i. Notify the applicant of the Commission review requirements.
ii. May meet with the applicant to transmit design guidelines and information
on necessary documentation and completion of the application form.
iii. After the form is submitted, review it for completeness.
iv. If the form is complete, place the case on the agenda for the next regularly
scheduled meeting.
V. Make arrangements, if necessary, for the HPC to visit the property. This
may include interior visitation.
vi. Review the modifications and prepare a report for the Commission.
d. City of Pasco Historic Preservation Commission:
i. Review application and staff report.
ii. May visit the property.
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SECTION III - Design Review & Certificate of Appropriateness Adopted XX/XX/2014
e. Meeting:
i. Design review will occur at regularly scheduled meetings. Design review
applications will be considered in the order in which the Commission
received them.
ii. The regular order of business for consideration of design review
applications shall be as follows:
(1) The Chair will open the hearing and staff shall offer a preliminary
statement concerning the application.
(2) The applicant or the designated agent of the applicant presents
statements in favor of the application including relevant pictures,
models, etc.
(3) Statements in opposition to the application.
(4) Comments by interested persons, organizations or legal entities.
(5) Rebuttal by all concerned parties.
(6) Staff comments.
(7) Summary of above by Chair or designated person and closing the
hearing.
(8) Deliberation by Commission.
During the course of the hearing, the above procedure may be
temporarily modified by the concurrence of all parties and the HPC.
iii. As part of this deliberation, the HPC shall review the proposed work,
using information from the site visit and application materials, comparing
this information with the design review criteria established in Rules. The
design review criteria for the City of Pasco shall be those as outlined in
The Secretary of the Interior's Standards for Rehabilitation and Guidelines
for Rehabilitating Historic Buildings.
(1) If the alterations meet the Standards, a Certificate of Appropriateness
is issued.
(2) If the alterations fail to meet the Standards, the Certificate of
Appropriateness not issued, the HPC notifies the Building Inspector
that the recommendation is against the issuing of the permit.
(3) If the alterations would meet the Standards with modification, the
Certificate of Appropriateness is issued with Conditions of Issuance.
2. Post Meeting
a. Owner/Designated Agent:
The owner /designated agent has the following options:
i. If the owner agrees in writing to comply with the HPC's recommendations
and Conditions or Issuance, s(he) receives a Certificate of
Appropriateness.
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SECTION III - Design Review & Certificate of Appropriateness Adopted XX/XX /2014
ii. If the owner disagrees with the recommendation, s(he) can drop the case
and reapply with modifications. The applicant should be encouraged to
reapply to the Commission with modified plans.
iii. The owner may appeal the decision of the HPC to the Pasco City Council
(PMC 27.110.010).
iv. The owner may request removal of a property not part of a local district
from the City of Pasco Register of Historic Places; however a building
permit is still required through the Building Inspector.
b. Staff:
i. Issue the commission's recommendation as a finding of fact, clearly
stating the intended modifications and how they meet or fail to meet the
Secretary of the Interior's Standards.
ii. Within a week of the meeting notify the owner /designated agent in writing
of the Commission's decision.
iii. Get the owner /designated agent's signature on the Certificate of
Appropriateness.
iv. Within thirty (30) days of the receipt of the complete application, forward
the Commission's recommendation, the Certificate of Appropriateness (if
issued) and any Conditions of Issuance to the Building Inspector.
C. Building Inspector:
After receiving the Certificate of Appropriateness (if issued) and any Conditions of
Issuance from the HPC staff, the Building Inspector may:
i. Issue the permit.
ii. Notify the HPC of the permit issuance.
B. APPLICATION STANDARDS
Documentation is required for alterations to or demolition of a property on the City of Pasco
Register of Historic Places (RHP) or for new construction within a district on the Register.
Required documentation shall minimally include all the materials identified illustrating:
1. Existing conditions.
2. Proposed alterations.
3. Affect on historic properties (impact).
At least one (1) copy of the documents detailed below must be submitted with the
application. These will remain on file with the HPC. All drawings, mean plans and elevations
must be drawn to scale or have the measurements included and be signed by the architect or
draftsman.
For phased projects, one (1) copy of all required documentation shall be submitted for each
phase of the project.
1. Alterations:
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SECTION III - Design Review & Certificate of Appropriateness Adopted XX/XX/2014
a. Existing conditions
i. A copy of the City of Pasco Register of Historic Places nomination.
ii. Photographs must be clearly labeled to identify case, locations, subjects
and the direction the photograph was taken. Necessary photographs
include:
(1) Building on lot, including elevations and facades that are to be altered.
b. Proposed alterations
i. On the Certificate of Appropriateness precise written statement describing
work on City of Pasco Register of Historic Places property.
ii. Working drawings, where applicable.
iii. For rehabilitation or restoration work, historic photographs (if available)
and statement of physical or documentary evidence for proposed changes
particularly if replacement is proposed.
iv. Materials, samples and additional photographs may be required by the
HPC.
V. Descriptions of proposed signs, re- roofing plans, fences, parking lots and
landscaping changes.
vi. Other information as required.
C. Impact
Show how proposed alterations would affect historic elements listed in the property
nomination form.
d. The Secretary of the Interior has established Standards for Rehabilitation to be
considered during the Design Review process. When necessary, refer to these
Standards to guide in the design review criteria. (See Section III, a j of this
document).
Many features define the historic character of a property or district. Cladding
whether of wood or masonry; style, composition and decorative features of the roof;
the presence of architectural metals; window number, arrangements and styles;
entrances and porches; storefronts on commercial buildings; internal arrangement
and detailing; and the historic relationship between buildings, landscape features
and open space, as well as many other materials and features can contribute to a
property's character.
After identifying the distinguishing historic characteristic of a property subject to
the Design Review process, retention and preservation of those features and
materials is the primary goal of the Design Review effort.
This is accomplished through the review process individual to each property.
However, there are preferred options, specified by the Secretary of the Interior,
common to each property.
i. Protecting and Maintaining
ii. Repairs
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SECTION III - Design Review & Certificate of Appropriateness Adopted XX/XX/2014
Repairs may include patching, splicing, piecing in, or reinforcing present
materials and features (including upgrading individual elements of a
feature), following recognized preservation methods. If there are seriously
deteriorated or missing elements along with surviving models or
prototypes, repairs may also include limited in kind replacement or
replacement with a compatible substitute material if the original material
is not economically feasible.
In repairing, duplication of the appearance, strength, composition, color
and texture is sought. For example, in repainting masonry, care should be
taken to replicate the size and shape of the mortar joint and the color of the
mortar. For repairing stucco, the damaged material should be removed and
the stucco matched in strength, composition, color and texture.
iii. Replacing
If an entire feature is too deteriorated to repair, but the overall form and
detailing are still evident, the feature should be replaced. The replacement
should attempt to replicate the original, using the physical evidence to
guide the new work. If using the exact material is not technically or
economically feasible a compatible substitute material may be considered.
The substituted material should offer the same, or greater, structural
support.
iv. Design for Missing Historic Features
Due to its complex technical and/or design implications, this option should
only be considered after the other possibilities have been explored. It
entails designing and installing a copy when the historic feature or model
is physically missing. A restoration using historical descriptions, pictorial
representations, and/or physical documentation may be attempted, or a
new design, compatible in size, scale, material and color may be
substituted.
V. Alterations and Additions
New additions to historic buildings should be a last resort and should be
placed to minimize loss, damage or the obscuring of character defining
features. Both internal and external alterations should be as inconspicuous
as possible from public rights -of -way and from main interior spaces. Such
new features should be compatible with overall building design in terms
of size, scale, material and color, but should not try to duplicate existing
historical features.
Excavations adjacent to historic foundations should be limited to avoid
damage to those foundations or to any archeological deposits that may be
nearby.
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SECTION III - Design Review & Certificate of Appropriateness Adopted XX/XX/2014
Alterations for health and safety codes or for energy retrofitting should be
done so that the historic building's character defining spaces, features,
etc., will not be impacted.
2. New Construction:
New construction refers to building within a local historic district listed on the City of
Pasco Register of Historic Places. A Certificate of Appropriateness (COA) is required.
a. Existing conditions
i. Site plan or measured drawing indicating the following:
(1) Existing adjacent buildings.
(2) Property lines and utilities.
(3) Right of ways.
(4) Building setbacks and allowed side yards.
(5) Existing planting materials and size.
ii. Photographs must be clearly labeled to identify case, location subjects and
the direction the photograph was taken. Photographs of structures
adjoining the property, as well as those across the street and/or alley are
necessary (streetscapes).
iii. Other information as required.
b. Proposed construction:
A precise written statement describing proposed work is required. This is to be
included on a HPC Certificate of Appropriateness application form. A site plan
including that information specified above shall be included as well as:
i. The proposed buildings outline with dimensions relative to property lines
and existing buildings adjacent to the property.
ii. New parking areas, driveways, utilities, etc.
iii. Any proposed planting and landscaping, sidewalks, and patios, mechanical
equipment and other appurtenances such as walls, gates and accessory
buildings.
iv. Other information as required.
3. Demolition:
a. A Copy of the nomination of the property to the City of Pasco Register of Historic
Places.
b. Description of structural integrity.
C. Reason or justification for demolition (should include statements of why the
property is not salvageable or why it cannot be maintained).
d. Any planned new construction.
e. Photographs of all sides of structure and the interior.
f. Any additional documentation required by the Commission.
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SECTION III - Design Review & Certificate of Appropriateness Adopted XX/XX/2014
SECTION IV: PROCESS FOR THE FORMATION OF LOCAL HISTORIC DISTRICTS
These rules establish the process for the formation of a local historic district, as set forth in
the City of City of Pasco Municipal Code (PMC) 27.075.020(3 &4).
A local historic district is a definable district that represents one or more periods of
architecture and that is designated by a local ordinance that falls under the jurisdiction of a
local historic preservation review commission. It deals only with the appearance of the
properties in the district, not with the use of those properties. A local district protects the
significant properties and the historic character of the district
There shall be an open public meeting to hear the completed nomination of the local historic
district. At this meeting, the public shall have the opportunity to speak for or against the
formation of the district. After public input, the City of Pasco Historic Preservation Commission
shall make a final decision regarding the formation of the local historic district.
A. EDUCATION
1. A minimum of two (2) public meetings shall be held.
a. Parcel owners in the affected area shall receive written notification of these meeting
by U. S. Postal Service.
2. Further public education is desirable.
a. Flyers and/or brochures.
b. Newspaper articles.
3. An informational packet shall be given to parcel owners.
a. Period of significance.
b. Design standards.
c. Benefits to the parcel owner.
B. BOUNDARIES
1. Boundaries shall be stated using street names and map directions.
2. A map of local historic districts shall be posted and available in three (3) public places.
a. Map will show boundaries, including alleys, as well as parcels.
C. VOTING
1. Ballots shall be sent to all property owners. If multiple parcels are owned, a
corresponding number of ballots shall be sent.
2. Ballots shall be shall be mailed to parcel owners with self - addressed stamped, returned
envelope enclosed. A positive vote indicates that parcel owner is FOR formation of the
district.
3. In order for a district to be formed, there must be a 51 % majority.
4. If a property owner owns more than one (1) parcel, s(he) is entitled to one (1) vote per
parcel owned. In the case of multiple names appearing on the deed, one (1) signature of
an authorized person will be sufficient.
5. Deadline for return of ballots shall be clearly and prominently placed on the ballot.
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SECTION IV - Formation of Local Districts Adopted XX/XX/2014
6. Ballots not returned shall be regarded as IMPLIED CONSENT and shall be tallied as in
favor of the formation of the local historic district. Implied consent means consent that is
inferred by inaction or silence. The consequence of a non - returned ballot shall be clearly
stated and prominently displayed on the face of the ballot stating that the ballot shall be
counted as a favorable vote.
7. Notification of the vote's outcome shall be mailed to the parcel owners in a timely
manner. A legal notice shall also be placed in a local newspaper.
8. A majority vote shall be submitted to the City of Pasco Council for their approval.
D. OBLIGATIONS AND BENEFITS
1. Exterior work on ALL properties within the local historic district is subject to a
Certificate of Appropriateness (COA), as per PMC 27.076.030.
2. As long as City of Pasco remains a CLG, contributing homes shall be eligible for special
tax valuation consideration.
a. Special tax valuation requirements are set forth in PMC 27.080.
Pasco Historic Preservation Commission By -Laws Page 20 of 24
SECTION IV - Formation of Local Districts Adopted XX/XX/2014
SECTION V: SPECIAL VALUATION REVIEW —
CITY OF PASCO REGISTER OF HISTORIC PLACES
In 1985, the Washington State Legislature passed a "special valuation" law which makes it
possible for Certified Local Governments (CLGs), for a ten (10) year period, to ensure that
property taxes will not reflect substantial improvements made to certain classes of properties
as identified by the CLG. The CLG may amend the criteria for eligibility, however, if made
more restrictive these do not become effective for two (2) years following October l of the
year they were enacted This means that owners of certain types of historic properties have
the potential to realize substantial tax savings.
Only properties on the City of Pasco Register of Historic Places or certified as
contributing to a City of Pasco Register Historic District are eligible for special valuation.
A. PROCEDURES FOR CONDUCTING MEETINGS
1. Pre - Meeting
a. Applicant or Designated Agent:
At least one (1) month prior to the meeting, the applicant must:
i. Consult with the City of Pasco Historic Preservation Commission (HPC) staff
prior to beginning rehabilitation work.
ii. Submit the application to the County Assessor on a Department of Revenue form
no later than 24 months after initiating work. The application must be submitted
before October 1 for action before December 31 of that year.
iii. Monitor construction work to ensure that it conforms to the Secretary of the
Interior's Standards for Rehabilitation (Standards)(See Section III, aj of this
document).
iv. Maintain accurate records of projects costs and dates.
b. County Assessor:
i. Reviews the application for completeness.
ii. Verifies the legal owner and legal description.
iii. Submits the application to the HPC within ten (10) working days of receipt of the
completed application.
c. Staff.
i. Places the case on the agenda for the next regularly scheduled meeting as long as
there is at least thirty (30) days review period before that meeting. If there is not
thirty (30) days, the case will be scheduled for the next month's regularly
scheduled meeting.
ii. Reviews the case and may prepare a report for the Commission.
iii. If necessary, arranges a property visitation with the owner for the Commission.
d. City of Pasco Historic Preservation Commission:
i. Reviews the application and the staff report.
ii. If necessary, visits the property.
2. Meeting
Pasco Historic Preservation Commission By -Laws Page 21 of 24
SECTION V - Special Valuation Adopted XX/XX/2014
Special valuation review will occur at regularly scheduled City of Pasco
Historic Commission meetings. The Special Valuation cases shall be
considered in the order the staff receives them.
a. The regular order of business for consideration of Special Valuation applications shall
be as follows:
i. The Chair will open the hearing and staff shall offer a preliminary statement
concerning the application.
ii. The applicant or the designated agent of the applicant presents statements in favor
of the application including relevant pictures, models, etc.
iii. Questions by Commissioners.
iv. Statements in opposition to the application.
v. Comments by City of City of Pasco Planning Department, interested persons,
organizations, or legal entities.
vi. Rebuttal by all concerned parties.
vii. Staff comments.
viii. Summary of above by Chair or designated person and closing the hearing.
ix. Deliberation by Commission.
During the course of the meeting, the above procedure may be
temporarily modified by the concurrence of all parties and the HPC.
b. City of Pasco Historic Preservation Commission determines if
i. The property is on the City of Pasco Register of Historic Places or certified as
contributing to a City of Pasco Register of Historic Districts.
ii. The work was done within 24 months prior to the application date. The applicant
must submit evidence to this effect.
iii. The work complies with the Standards by not adversely affecting those elements
that contribute to the property's significance.
iv. The "qualified rehabilitation expenditures" constitute at least 25 percent (25 %) of
the assessed value of the property prior to the rehabilitation.
c. If all the conditions are satisfied, the HPC votes on the recommendation.
3. Post Meeting
a. Staff/Commission Chair:
i. Notifies the owner in writing within a week of the meeting of the Commissions
recommendation.
ii. If the property is ineligible, advise the applicant of the reasons for the denial and
inform him/her of the appeals process.
iii. If the applicant signs the terms of agreement and the Commission approves the
application, transmits the application and agreement to the County Assessor's
office for recording.
iv. Monitors, at least once a year during the special valuation 10 -year period, the
owner's compliance with the terns of the agreement.
Pasco Historic Preservation Commission By -Laws Page 22 of 24
SECTION V - Special Valuation Adopted XX /XX/2014
v. If the owner fails to comply with the terms of the agreement or, because of the
rehabilitation the property loses historic value to such an extent that it is no
longer deemed appropriate for inclusion to the City of Pasco Register of Historic
Places by a majority of the HPC members, notify the owner and the assessor of
the disqualification.
B. APPEALS OR RESUBMISSION
1. A negative recommendation or a non - acceptance of an application by the HPC is not
irrevocable. If new information becomes available or if the applicant wishes, the
application may be resubmitted with HPC approval to the HPC. In such a case, the
entire procedure must be repeated.
2. Any decision of the Commission on an Mlication for classification as historic
property under this Chanter shall be subject to an administrative anneal before the
Hearing Examiner pursuant to PMC Chapter 25 84 prior to initiating an action for
special valuation may be appealed to the Franklin County Board of Equalization in
accordance with RCW 84.40.038. In such a case, documentation shall be limited to
that nomination material presented during the HPC public meeting and the minutes of
that meeting.
C. APPLICATION STANDARDS
Documentation shall include, at a minimum, all identified materials illustrating: That the
property is eligible for Special Valuation status; when the work occurred; whether special
valuation financial requirements have been fulfilled; and whether the work complies with the
Secretary of the Interior's Standards for Rehabilitation. (See Section III, a j of this
document).
To properly document each of these divisions, at least one (1) copy of the following
documents must be submitted with the application. These will remain on file with the HPC.
For phased development plans, the complete process as detailed in rules and regulations must
be followed and documentation submitted for each phase. All drawings, mean plans and
elevations must be drawn to scale or have the measurement included and be signed by the
architect or draftsman.
For phased projects, complete documentation must be submitted for every phase of the
project.
1. Eligibility.
A copy of the nomination form to the City of Pasco Register of Historic Places clearly
indicating when the property was listed on the City of Pasco Register of Historic Places.
2. When the work occurred.
a. A notarized affidavit of completion of rehabilitation work within 24 months of the
date of application.
Pasco Historic Preservation Commission By -Laws Page 23 of 24
SECTION V - Special Valuation Adopted XX/XX /2014
2. Special valuation financial requirements required documentation.
a. Notarized affidavit attesting to the actual costs of the rehabilitation work.
b. The most recent Franklin County Assessor's assessment of the value of the
rehabilitated structure.
4. Compliance with the Secretary of the Interior's Standards (See Section III, a j of this
document).
To assure that the applicant has complied with the standards, the following materials
are necessary:
1. Precise written statement describing the completed rehabilitation work on the City of
Pasco Historic Preservation Commission's application form.
2. A copy of the Design Review application and accompanying documentation, Certificate
of Appropriateness for the rehabilitation work from the City of Pasco Historic
Preservation Commission, and a copy of the terms of agreement as specified under the
Special Valuation rules and procedures.
3. Materials as specified in Application Standards for Design Review illustrating conditions
prior to construction (existing conditions), and proposed alterations.
4. The City of Pasco Historic Preservation Commission may require samples of utilized
materials.
5. Other information as required.
D. CRITERIA
The criteria to be followed in the Special Valuation process is the Secretary of the Interior's
Standards for Rehabilitation as established in the Federal Code Regulations (36 CFR 67) (See
Section III, a j of this document). For the Special Valuation process no new construction is
eligible.
Pasco Historic Preservation Commission By -Laws Page 24 of 24
SECTION V - Special Valuation Adopted XX/XX/2014
PLANNING COMMISSION MINUTES
7/24/2014
B. Code Amendment Historic Preservation Title 27 Code Amendment
IMF# CA 2014 -0011
Chairman Cruz read the master file number and asked for comments from staff.
Rick White, Community & Economic Development Director, discussed the Historic
Preservation Title 27 code amendment. The City of Pasco has a Historic Preservation
Ordinance allowing for special valuation if there is a valuable property important to
Pasco's history. The amendments allow the City of Pasco to create a historical register
and to allow that property to receive special valuation at the County level but also State
and Federal register for tax benefits. The wording in the proposed code amendment is
verbatim from the State and Federal regulations that pertain to this same program.
There were no further questions or comments.
Chairman Cruz called for public comment. There were no comments and the public
hearing closed.
Commissioner Kempf moved, seconded by Commissioner Polk, to close the public
hearing on the proposed code amendment and initiate deliberations, schedule adoption
of findings of fact, conclusions and a recommendation to the City Council for the August
21, 2014 meeting. The motion passed unanimously.
PLANNING COMMISSION MINUTES
8/21/2014
A. Code Amendment Historic Preservation Title 27 Code Amendment
(MF# CA 2014 -001)
Acting Chairwoman Khan read the master file number and asked for comments from
staff.
Rick White, Community & Economic Development Director, discussed the code
amendment for the Historic Preservation, Title 27. There was a revised set of bylaws
distributed to the Commission prior to the meeting. Mr. White pointed out corrections
to the bylaws. Other than the corrections there were no further comments.
Commissioner Greenaway asked if the proposed code amendment would have any effect
on currently listed historical properties.
Mr. White stated that it would not.
Commissioner Bachart moved, seconded by Commissioner Polk, the Planning
Commission adopt the findings of fact as contained in the August 21, 2014 staff memo
on Historic Preservation, Title 27. The motion passed unanimously.
Commissioner Bachart moved, seconded by Commissioner Polk, the Planning
Commission recommend the City Council adopt the proposed code amendments as
shown in the attached "Exhibit A ". The motion passed unanimously.
AGENDA REPORT
FOR: City Council]j
TO: Dave Zabell, City Manager V V
FROM: Stan Strebel, Deputy City Mana rV--
SUBJECT: Code Amendment for Employee Recognition
I. REFERENCE(S):
September 22, 2014
Workshop Mtg.: 9/29/14
Regular Mtg.: 10/6/14
1. Code Amendment for Employee Recognition — Proposed Ordinance
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
9/29: Discussion
10/6: MOTION: I move to adopt Ordinance No. , amending the Pasco
Municipal Code regarding employee recognition and, further, to
authorize publication by summary only.
III. FISCAL IMPACT:
N/A
IV. HISTORY AND FACTS BRIEF:
A) The Pasco Municipal Code (PMC) references the annual employee
recognition/awards program and banquet in Chapter 2.43, including an
expenditure limit set forth in Section 2.43.020. The expenditure limit is most
logically included within the City's annual budget as opposed to the code (which
must be amended by separate Council ordinance), to provide flexibility through
changing economic times. Additionally, the legislative intent and purpose for the
recognition event, providing the basis for the extension of the benefit to
employees, is outlined in new language as Section 2.43.015.
V. DISCUSSION:
A) Staff recommends approval of the ordinance to clarify the purpose and nature of
the recognition banquet and program as well as to facilitate annual budgeting and
review of the expenditures associated therewith.
8(e)
ORDINANCE NO.
AN ORDINANCE of the City of Pasco, Washington, amending the Pasco
Municipal Code regarding "Employee Recognition."
WHEREAS, certain changes to the Pasco Municipal Code, regarding employee
recognition are deemed necessary; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. That Section 2.43.015 entitled "Recognition Banquet" of the Pasco
Municipal Code, shall be and hereby is created and shall read as follows:
2.43.015 RECOGNITION BANQUET. In order to promote employee support and
recognition of distinguished service and to encourage attendance at an event honoring employees
so recognized, the City may conduct an annual awards dinner banquet, depending on funds
budgeted by the City Council, to which each regular employee will have the option to elect to
receive up to two (2) reservations for attendance. Such option shall be considered part of the
City's compensation to its regular employees and shall have no monetary value outside of the
opportunity to attend the banquet.
Section 2. That Section 2.43.020 entitled "Administration" of the Pasco Municipal
Code, shall be and hereby is amended to read as follows:
2.43.020 ADMINISTRATION. Except for the "Suggestion" Awards, the total annual
expenditure for the provision of the awards provided for herein, and the cost of a the dinner
banquet for the presentation of such awards, shall not exceed the
amount as provided for in the City's annual budget. The City
Manager shall issue administrative rules /procedures for the administration of this awards
program and further defining the eligibility and criteria for the awards program, not inconsistent
with the requirements set forth herein.
Section 3. This Ordinance shall take full force and effect five (5) days after its
approval, passage and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, and approved as
provided by law this _ day of 2014.
Matt Watkins, Mayor
Attest:
Debbie Clark, City Clerk
Approved as to Form:
Leland B. Kerr, City Attorney
AGENDA REPORT
FOR: City Council
TO: Dave Zabell, City Manage
Rick White, Director
Community & Economic Development
FROM: David I. McDonald, City Planner
SUBJECT: Sewer Extension Policy
I. REFERENCE(S):
1. Sewer Extension Policy — Proposed Resolution
September 25, 2014
Regular Mtg.: 10/6/14
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
10/6: MOTION: I move to approve Resolution No. , establishing a policy
allowing the extension of City sewer service beyond the City limits.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
A. Since 1978 the City has permitted County residents outside the City limits to
connect to the City's water and sewer system through the provisions of PMC
13.16.011. Connection to City utility services beyond the City limits has been
conditioned by the execution of power of attorney statements consenting to
annexation at a future date. The practice of extending utilities outside the City
limits has generally been limited to water service.
B. Most of the annexations since 1978 have occurred partially or wholly through the
use of outside annexation agreements (power of attorney statements) signed by
property owners at the time they connected to the City's water system.
C. The question was asked at the Council meeting of September 2, 2014 why outside
annexation agreements were only used to allow the extension of water service
outside the City limits and not sewer extensions. That question was further
discussed at the Council workshop on September 8, 2014.
V. DISCUSSION:
A) Briefly from 1979 to 1982 annexation agreements were used for sewer extensions
beyond the City limits. The sewer annexation agreements were only used in the
Newton's Second Addition located at the southeast corner of Road 36 and
Wernett Road. In 1979 the main trunk line serving the Desert Plateau area was
being installed up Road 36 and the Newton Subdivision was connected to that
trunk line. That was the first and last County development developed with the use
of the City's sewer system. Since that time the practice has not continued. Why
water and not sewer? The simple answer is that the water system was in place
throughout much of the West Pasco area and sewer was not. There may have also
been a desire to reserve capacity in the Road 36 trunk line for development within
the City. Additionally the extension of sewer lines is not as simple as extending
water due to the fact that sewer lines are developed to the extent possible to allow
for gravity flow. The sewer system needs to be well designed and due to the lack
of sewer lines in unincorporated areas, it was difficult to connect the use of sewer
facilities with outside annexation agreements. It wasn't until a number of
annexations occurred in the late 1990's and early 2000's that an extensive sewer
system was installed west of Highway 395. The sewer system is now adjacent to
8()
and in close proximity to unincorporated areas where it is no longer as difficult to
extend the system beyond the City limits. However, that is not the case in all
circumstances. Major portions of the remaining Riverview County Island will
require one or more lift stations to be able to be served by sewer.
B) The Municipal Code currently allows the extension of the sewer system beyond
the City limits, but up until the past 15 years it was not generally available west of
Highway 395. In certain circumstances the extension of sewer lines could now be
beneficial in allowing the annexation of the County Island to occur more quickly
and more consistent with City standards. It would also allow more logical and
efficient boundaries to be created from individual annexations and result in land
use densities more common to what is experienced in the City. To use outside
annexation agreements in connection with the use of the City's sewer is now a
practical option whereas a dozen years ago it was not practical.
C) Following the Council discussion on September 8, 2014 staff was instructed to
prepare a policy statement to allow the extension of City sewer service beyond the
City limits with the use of outside annexation agreements. A draft policy
statement has been prepared in the form of a resolution attached to this report for
Council's consideration.
D) Staff respectfully recommends Council's review and discuss of the attached
resolution which would permit the extension of City sewer in the unincorporated
County Island subject to property owners signing the standard power of attorney
statement agreeing to annex when deemed appropriate by the City.
RESOLUTION NO.
A RESOLUTION relating to provision of sanitary sewer service and establishing a
policy allowing the extension of City sewer service beyond the City limits through the use of
"Power of Attorney for Covenant on Utility Services" forms including consent to annexation.
WHEREAS, the City of Pasco operates water and sewer utility services for the benefit
of City residents and for residents within the adopted Urban Growth Boundary; and,
WHEREAS, the City of Pasco, has a long standing practice of permitting the extension
of City water service beyond the City limits conditioned by property owner signatures on power
of attorney statements agreeing to future annexation; and,
WHEREAS, the practice of permitting the extension of water service beyond the City
limits has benefitted both the City and County residents; and,
WHEREAS, prior to the late 1990's and early 2000's there was a limited sewer system
west of Highway 395; and,
WHEREAS, through past annexations there is now an extensive sewer system adjacent to
the unincorporated County Islands; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO:
Section 1. That it shall be the policy of the City of Pasco to permit the extension of City
sewer service beyond the City limits subject to the following conditions:
A) Property owners must sign the standard City "Power of Attorney for Covenant on
Utility Service" (Owner approval for Annexation);
B) The proposed sewer extension must be consistent with the Comprehensive Sewer
Plan;
C) The proposed sewer extension must be technically feasible as determined at the sole
discretion of the Public Works Director;
D) The proposed sewer extension must conform to current City Standard Specifications
for utility construction; and,
E) The resulting development from the sewer extension must conform to current City
subdivision and development standards for the applicable zoning district in which it
is located.
Passed by the City Council of the City of Pasco this _ day of , 2014.
Matt Watkins, Mayor
ATTEST:
Debra L. Clark, City Clerk
APPROVED AS TO FORM:
Leland B. Kerr, City Attorney
AGENDA REPORT
FOR: City Council / September 29, 2014
TO: Dave Zabell, City Manager Regular Mtg.: 10/6/14
Rick White,
Community & Economic Development Director
FROM: Dave McDonald, City Planner
SUBJECT: SPECIAL PERMIT: Location of a Farm in a RT zoning district (MF# SP 2014-
007)
I. REFERENCE(S):
1. Special Permit, Farm in a RT Zone - Vicinity Map
2. Special Permit, Farm in a RT Zone - Proposed Resolution
3. Special Permit, Farm in a RT Zone - Report to Planning Commission
4. Special Permit, Farm in a RT Zone — Planning Commission Minutes Dated: 8/21/14
and 9/18/2014
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
10/6: MOTION: I move to approve Resolution No. , approving the special
permit for the location of a farm at the southwest corner of Burns
Road and Broadmoor Boulevard as recommended by the Planning
Commission.
III. FISCAL IMPACT:
IMIX110
IV. HISTORY AND FACTS BRIEF:
A. On August 21, 2014, the Planning Commission conducted a public hearing to
determine whether or not to recommend a special permit be granted for the
location of farm at the southwest comer of Burns Road and Broadmoor
Boulevard.
B. Following the conduct of the public hearing, the Planning Commission reasoned
that with conditions, it would be appropriate to recommend approval of a special
permit for the farm.
C. The recommended conditions are contained in the attached Resolution.
D. No written appeal of the Planning Commission's recommendation has been
received.
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RESOLUTION NO.
A RESOLUTION ACCEPTING THE PLANNING COMMISSION'S RECOMMENDATION
AND APPROVING A SPECIAL PERMIT FOR A FARM AT THE SOUTHWEST CORNER OF
BURNS ROAD AND BROADMOOR BOULEVARD.
WHEREAS, Thomas Kidwell submitted an application for the location of a farm at the
southwest corner of Burns Road and Broadmoor Boulevard (Parcel # 115210022) in Section 7, Township
9 North, Range 29 East, W.M. and,
WHEREAS, the Planning Commission held a public hearing on August 21, 2014 to review the
proposed farm; and,
WHEREAS, following deliberations on September 18, 2014 the Planning Commission
recommended approval of a Special Permit for the church with certain conditions;
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO:
1. That a Special Permit is hereby granted to Thomas Kidwell for the location of a farm in a
RT (Residential Transition) District under Master File # SP 2014 -007 with the following
conditions:
a) The special permit shall apply to Parcel No. 115- 210 -022.
b) Prior to beginning farming operations on the site the applicant must
submit a conservation plan approved by the Farm Service Agency;
c) Prior to beginning farming operations on the site, the applicant must
submit a complaint monitoring plan to help alleviate the impact of noise.
d) At a minimum, the plan must include potential hours of operation, a
contact person and a telephone number where complaints can be submitted
and an outline of how noise complaints will be addressed;
e) The corners outside the farm circle must be treated with a straw mulch,
other organic materials and or a combination of a ground cover and
irrigation;
f) to prevent blowing dust and drifting sand from leaving the property;
g) The farm crop shall be primarily alfalfa.
h) The special permit expires on October 1, 2019.
Passed by the City Council of the City of Pasco this 66' day of October, 2014.
Matt Watkins, Mayor
ATTEST:
Debra L. Clark, City Clerk
APPROVED AS TO FORM:
Leland B. Kerr, City Attorney
REPORT TO PLANNING COMMISSION
MASTER FILE NO: SP2014 -007 APPLICANT: Tom Kidwell
HEARING DATE: 8/21/14 2400 W Court St
ACTION DATE: 9/18/14 Pasco, WA 99301
BACKGROUND
REQUEST: SPECIAL PERMIT: Location of a Farm in an R -T Zone west of
Broadmoor Blvd north of I -182.
1. PROPERTY DESCRIPTION:
Legal: All of Section 7, Township 9 North, Range 29 East, WM
except that portion deeded to the State of Washington for I -182
and except all of that portion lying southerly of I -182 excluding the
east 748.97 feet thereof all contained in Parcel # 115 - 210 -022
General Location: The site is located at the southwest corner of
Broadmoor Boulevard and Burns Road.
Property Size: Approximately 150 acres of Parcel # 115 -210-
022 will be utilized for the farm. The total site contains 560 acres.
2. ACCESS: The site has access from Broadmoor Blvd and Burns
Rd.
3. UTILITIES: Municipal water is located in Burns Rd. and
Broadmoor Blvd. Other utilities are also nearby.
4. LAND USE AND ZONING: The site is zoned R -T (Residential
Transition) and is vacant land. Surrounding zoning and land use
is as follows:
NORTH: AP (County)
SOUTH: RT
EAST: R -4 & R -1
WEST: RT
- Farming
- Vacant
- Single & Multi- Family Res.
- Central Pre -Mix & a Farm
5. COMPREHENSIVE PLAN: The Comprehensive Plan designates
portions of the overall parcel near the I -182 interchange for
commercial development with mixed residential and low density
residential extending to the north and west. The portion of the
parcel to be used for farming is located in an area set aside for
future low density residential use. Policy LU -3 -F encourages the
use of irrigation water in residential districts and Policy OF -3 -B
that calls for the continued expansion of the water system.
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 owns and operates an irrigation water system serving properties
within the Pasco Urban Area using ground water and associated water
rights obtained through urbanization mainly in the northwest quadrant
of the City. The City is interested in increasing the amount of water
rights that may be perfected by putting the water associated with those
rights to a beneficial use. The applicant has previously entered into a
"Water Use Agreement" to purchase City irrigation water for a two year
period to effectuate the water perfection process on about 315 acres of
farm land within the City Limits. Under the current application the
applicant is proposing to develop an additional 150 acres for farming and .
purchase City irrigation water to perfect waters rights for the community.
The proposal involves grading the northeast corner of Parcel # 115 -210-
022 and installing an irrigation pivot to provide water to a field. The field
will be used primarily for the production of alfalfa. The irrigation heads
on the circle will be low pressure drops designed to minimize drifting and
over spraying of water. To cover the cost of installing the farm field and
equipment the applicant is seeking a permit for a minimum of five years.
Recognizing the importance of agricultural production to the community
as a whole the City Council specifically established all farm fields within
the City as of 1990 lawfully established non - conforming uses. (Ordinance
# 2780). In 1990 agricultural uses were also added as an unclassified
use in the zoning regulations and as such require review thorough the
special permit process when they are to be within 1,000 feet of a dwelling
or residential subdivision. In 1999 commercial agricultural uses were
added as a conditional use (special permit required) in the R -T zone.
In the early 1990's much of the 1 -182 corridor area was put into
agricultural production with farming operations still occurring between
new subdivisions. These farms made productive use of the land and
played an important role in preserving water rights for the community.
2
Farming is ubiquitous in the general vicinity around the applicant's site.
The Harris farm is located to the south. The Wilson farm is located to
the west and several large farm fields are located to the north, northeast
and northwest.
The property is currently zoned R -T (Residential Transition). The R -T
zone is applied to those properties in the city that are essentially
undeveloped but generally intended for suburban or urban residential
uses (PMC 25.20.010). As utility extensions are made and residential
development expands, vacant lands mainly designated for low density
residential uses in the Comprehensive Plan are then transitioned
through the rezone process from the holding status under the R -T
District to a suburban district such as R -S -1, or to the R -1 low density
residential district.
Farming is an interim use that can be easily converted to intended uses
when utilities become available. Recent growth in Pasco is a good
example of how the conversion process takes place. Most of the
development in the I -182 corridor over the last ten years has occurred on
lands that were formally zoned R -T and contained farms. The farms have
not restricted the implementation of the Comprehensive Plan nor has the
development of housing restricted to any great extent, continued farming
activities.
In reviewing this proposal staff has identified a couple of issues for
consideration by the Planning Commission. These issues include dust
control and noise from farm equipment.
During grading and farm tilling operations fugitive dust could potentially
impact adjacent lands if not properly monitored and controlled. Because
of the very sandy nature of the soil on the site the unirrigated corners
outside the farm circle could be a problem for blowing dust. Following a
conservation plan calling for the rotation of high residue crops along with
the planting of cover crops will go a long way toward addressing the dust
concern. Special treatment of the corners may be needed to ensure dust
and sand does not blow across Broadmoor Boulevard. Additionally the
applicant is proposing to primarily grow alfalfa which will provide a
constant ground cover.
Often commercial agricultural activities occur at odd hours which could
potentially impact adjacent residences. Staff suggests the applicant be
required to submit a complaint monitoring plan to help alleviate these
impacts. At minimum, the plan should include potential hours of
K
operation, a contact person where complaints can be submitted and a
preliminary plan outlining how noise complaints will be addressed.
In 2006 the owner of the property in question applied for a special permit
to allow farming on about 320 acres. The proposal involved mass
grading and installing three and a half farm circles. Due to concerns
over the time frame for the special permit the application was eventually
denied.
INTIAL STAFF FINDINGS OF FACT
Findings of fact must be entered from the record. The following are
initial findings drawn from the background and analysis section of the
staff report. The Planning Commission may add additional findings to
this listing as the result of factual testimony and evidence submitted
during the open record hearing.
1. The site is located zoned R -T.
2. The Comprehensive Plan identifies the site for future single family,
development.
3. The site is not designated as a critical area.
4. R -T zoning is a holding zone that preserves land for future
intended uses, principally residential uses.
5. Commercial agricultural (farms) are listed as conditional uses in
the R -T zone and require approval through the special permit
process.
6. The site is in the Pasco Urban Growth Boundary.
7. The overall parcel contains 564 acres. The proposed farm will
occupy 150 acres in the northeast corner of the parcel.
8. Most of the site is vacant.
9. Approximately 20 acres of the overall parcel is currently being
farmed.
10. All- terrain vehicles (four wheelers, dirt bikes, etc) have used the
site for many years for off -road recreation activities.
11. Farms are located directly to the north, northeast and northwest,
of the site.
12. Approximately 500 acres of farm land is located near the site.
13. The Central Pre -Mix gravel pit and concrete facility is located to the
west of the site.
11
14. In the mid 1990's approximately 2,400 acres of farm land was
located in the I -182 Corridor.
15. In the 1990's, almost without exception, the farms in the I -182
corridor were located on R -T zoned land.
16. Farming occurs today in the I -182 Corridor on land that has been
zoned C -1, R -1, R -T and R- S- 1 /PUD.
17. Desert Plateau, Broadmoor Estates, Wilson Meadows, Rivershore
Estates, Heritage Village and other residential subdivisions in the
I -182 Corridor are located adjacent to active farms.
18. Broadmoor Estates and Mediterranean Villas are both located to
the east across Boradmoor Blvd from the proposed farm site.
19. Pursuant to PMC 25.86.035(1), requires the applicant to submit a
conservation plan approved by the Farm Service Agency.
20. The operation of a farm on the site will facilitate the perfection of
water rights that are needed in the community.
TENTATIVE CONCLUSIONS BASED ON INTIAL STAFF FINDINGS OF
FACT
Before recommending approval or denial of a special permit the Planning
Commission must develop findings of fact from which to draw its
conclusion based upon the criteria listed in P.M.C. 25.86.060. The
criteria are as follows:
1) Will the proposed use be in accordance with the goals, policies,
objectives and text of the Comprehensive Plan?
The Comprehensive Plan designates the proposed farm site for low
density residential development. The proposal is an interim use that
will preserve the site for uses designated in the Comprehensive Plan.
The proposal also supports Policy LU -3 -F that encourages the use of
irrigation water in residential districts and Policy OF -3 -B that calls for
the continued expansion of the water system. The proposal will
preserve water rights for the Pasco Community.
2) Will the proposed use adversely affect public infrastructure?
The proposed farm will have no adverse impact on public
infrastructure. A farm is not dependant upon City utilities or
infrastructure like residential and commercial development. Long
term, the proposal will significantly benefit public infrastructure
5
namely the municipal irrigation system. The proposal will secure
scarce water rights for the community.
3) Will the proposed use be constructed, maintained and operated
to be in harmony with existing or intended character of the
general vicinity?
The proposed use will be in harmony with the farms surrounding the
site. The location of other farms within the I -182 Corridor have
demonstrated that farms within close proximity to dwellings can be
operated harmoniously with intended uses. Farms operated
simultaneous with the development of Island Estates, Sunny
Meadows, The Village of Pasco Heights and with other residential
developments in the P182 Corridor. The proposed use will not make
intensive use of the land or lead to the disorderly growth of the
community or in any way inhibit development of future intended uses
as demonstrated by residential and commercial development within
the I -182 Corridor on farm land. The proposed farm is not an
industrial use or intensive commercial use but is an interim use that
will easily convert to uses as outlined in the Comprehensive Plan.
4) Will the location and height of proposed structures and the site
design discourage the development of permitted uses on property
in the general vicinity or impair the value thereof?
There will be no structures erected with this proposal other than a
pivot irrigation system. Development over the last 20 years within the
I -182 Corridor attests to the fact that farming operations do not
discourage the development of permitted uses or impair the value of
nearby development. Broadmoor Estates was developed adjacent to
an existing farm. Farms are currently interspersed with residential
development throughout the I -182 Corridor and the West Pasco area
as explained in # 3 above.
5) Will the operations in connection with the proposal be more
objectionable to nearby properties by reason of noise, fumes
vibrations, dust, traffic, or flashing lights than would be the
operation of any permitted uses within the district?
The proposed use will not create more traffic, flashing lights, fumes,
noise or vibrations, than future permitted commercial and multi
family uses. Current farming operations within the I -182 Corridor
attest to the fact that such activity is not more objectionable to
property owners by reason of traffic, flashing lights and etc.. Dust
and noise from farming operations have the potential to create
objectionable conditions for neighboring properties. A farm
Cl
conservation plan and a noise complaint plan may be needed to
address this concern.
6) Will the proposed use endanger the public health or safety if
located and developed where proposed, or in anyway will become
a nuisance to uses permitted in the district?
The overall parcel on which the farm site is located is zoned RT. The
only uses on the overall parcel include the Central Pre -Mix pit and
the Wilson farm. The proposed use will not impact the gravel mining
operation. The proposed farm will be compatible with the existing
farm on the overall parcel. The proposed farm will make less intense
use of the land than uses identified in the Comprehensive Plan. The
proposed farm is only an interim use that will not impede the
development of future uses nor will it become a nuisance to future
permitted uses. The existence of numerous farming operations within
the I -182 Corridor demonstrate the proposed use will not become a
nuisance to permitted uses nor will it endanger public health and
safety. A farm conservation plan and a noise complaint plan may be
needed as a precaution to address any possible nuisance concerns.
The corners outside the farm circle could become a nuisance is not
properly treated to prevent blowing sand and dust.
TENTATIVE APPROVAL CONDITIONS
1. The special permit shall apply to Parcel No. 115 - 210 -022.
2. Prior to beginning farming operations on the site the applicant
must submit a conservation plan approved by the Farm Service
Agency;
3. Prior to beginning farming operations on the site, the applicant
must submit a complaint monitoring plan to help alleviate the
impact of noise. At a minimum, the plan must include potential
hours of operation, a contact person and a telephone number
where complaints can be submitted and an outline of how noise
complaints will be addressed;
4. The corners outside the farm circle must be treated with a straw
mulch, other organic materials and or a combination of a ground
cover and irrigation to prevent blowing dust and drifting sand from
leaving the property;
7
5. The farm crop shall be primarily alfalfa.
6. The special permit expires on October 1, 2019.
MOTION: I move to adopt findings of fact and conclusions therefrom as
contained in the September 18, 2014 staff report.
MOTION: I move based on the findings of fact and conclusions
therefrom the Planning Commission recommend the City Council grant a
special permit for the location of farm at the southwest corner of Burns
road and Broadmoor Boulevard on Parcel # 115210022 with conditions
as listed in the September 18, 2014 staff report.
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PLANNING COMMISSION MINUTES
8/21/2014
A. Special Permit Farming in an RT Zone (Tom Kidwelll IMF# SP
2014 -0071
Acting Chairwoman Khan read the master file number and asked for comments from staff.
David McDonald, City Planner, discussed the special permit for farming in an RT
(Residential Transition) Zone. The proposed farm will occupy 150 acres in the northeast
corner of a 568 acre parcel that is located west of Broadmoor Boulevard and south of
Burns Road. The City operates an irrigation system and provides irrigation water to many
of the homes in the I -182 Corridor area. Over the years as that area is developed and
transitioned from farm land to urban development, the City's has acquired water rights
with those developments. Some of the water rights need to be perfected. The applicant
recently entered into an agreement with the City to use some of the City's irrigation water
on other farms to perfect water rights. The city is endeavoring to do the same thing with
the proposed farm.
Mr. McDonald briefly reviewed the written report for the benefit of the Planning
Commission. The proposal is very similar to other farms the Commission has reviewed in
the past that have been approved to preserve water rights.
Commissioner Portugal asked if the plan was to rotate crops grown on the property.
Mr. McDonald answered that the applicant has indicated that they would grow mainly
alfalfa.
Commissioner Portugal asked if the applicant could grow other types of crop.
Mr. McDonald responded that it depends on how strict the special permit conditions are
written.
Commissioner Portugal stated that some crops may require more pesticides and could
cause concern with nearby homes.
Mr. McDonald replied that could be a concern. With alfalfa, pesticides are almost non-
existent; fertilizer is sometimes used. This general part of the community does have a
number of farms surrounding it.
Commissioner Bachart asked about site preparations to flatten out the land in order to
farm.
Mr. McDonald stated they will keep the leveling to a minimum, only doing enough for the
wheel line to go around, so it won't be perfectly flat.
With no public comments the public hearing closed.
Mr. McDonald asked the Planning Commission to give Staff direction regarding the
conditions of the special permit. The applicant has indicated that they wish to use the
field for alfalfa. Mr. McDonald asked the Planning Commission if they thought there
should be a condition to limit the crop on this site.
Commissioner Polk asked if the amount of work done on the field significantly less with
alfalfa opposed to other crops, minimizing noise impact.
Mr. McDonald answered that there wouldn't be as much tilling with alfalfa because the
crop regenerates itself but there is still noise from the bailers and other equipment,
roughly 4 -5 times per year.
Acting Chairwoman Khan asked if Staff sees any conflict in how farming may effect
business from wanting to locate in the I -182 Corridor.
Mr. McDonald responded that the whole I -182 Corridor was one big farm at one time and
as the community grew, the circles were reduced. There hasn't been a conflict as far as
development is concerned with the circles that have been around in the past.
Acting Chairwoman Khan asked the Commissioners for their thoughts on adding a
condition to the special permit limiting the crop on this site. Acting Chairwoman Khan
stated that she was for adding the condition.
Commissioner Polk agreed and was for adding the condition.
Commissioner Greenaway stated that the applicant should be able to farm whatever they
choose, however, she was not against placing a condition to only grow alfalfa.
Acting Chairwoman Khan asked how long the special permit lasts.
Mr. McDonald stated that Staff is recommending 5 years.
Acting Chairwoman Khan responded that the Commission would like to add the condition
to limit the crop to alfalfa.
Commissioner Polk asked if there are crops with similar conditions.
Mr. McDonald answered that he was not aware.
Acting Chairwoman Khan re- opened the public hearing to allow for a member of the
audience to speak on behalf of this item.
Jason Maddox, 6115 Burden Boulevard, of HDJ Design Group spoke on this item for
clarification to the Planning Commission. He stated that he was not affiliated with this
project but felt he could explain the process of transferring water rights from previously
farmed parcels to the City of Pasco. One of the things to note about transferring water
rights, is that if the land is conditioned for only farming alfalfa, alfalfa carries a certain
volume of water that can be placed on that crop every year. On an unperfected water
right, once it is perfected, the State will go over a five year period to examine what crops
had been farmed. If crops are farmed that do not have a certain volume of water placed
on them, alfalfa for instance only has so much water placed on it per year, where other
crops could have more or less. If they don't use the water rights that they are trying to
transfer to the property they could lose the water rights. So by specifically conditions this
parcel to alfalfa, that limits the amount of water on the property every year. If the
applicant decides they need to use more water to keep the water rights in place they will
have to show that the water is being used as a beneficial use or else they could lose the
water right.
With no further comments the public hearing closed.
Acting Chairwoman Khan asked Mr. McDonald how long the process takes for the City to
perfect water rights.
Mr. McDonald answered at least 2 -3 years. In response to Mr. Maddox, there is a
condition in the staff report stating that the crop should be primarily alfalfa. Removing
the word "primarily" would restrict the use to only alfalfa.
Acting Chairwoman Khan asked the Commissioners how they felt about the word
"primarily" in the conditions.
Commissioner Bachart stated that he wasn't sure.
Commissioner Polk responded that since the applicant was not present and could not
answer what types of crops would impact the land, she felt that the word "primarily"
should be removed from the condition and limit the crop to alfalfa.
Commissioner Greenaway and Commissioner Portugal agreed and wished to take the work
"primarily" out.
Acting Chairwoman Khan was also in agreement in removing the word "primarily" and
restricting the crop to alfalfa.
Commissioner Portugal moved, seconded by Commissioner Bachart, to close the hearing
on the proposed special permit and initiate deliberations and schedule adoption of
findings of fact, conclusions and a recommendation to the City Council for the September
18, 2014 meeting. The motion passed unanimously.
PLANNING COMMISSION MINUTES
9/18/2014
A. Special Permit
Chairwoman Kempf read the master file number and asked for comments from staff.
David McDonald, City Planner, Explained a revised motion was handed out to the
Commissioners prior to the meeting.
During the previous meeting there was considerable discussion on what types of crops
would be utilized with this proposed farm as well as discussion about water rights. Staff
requested the Planning Commission modify what was discussed in the previous meeting to
include "primarily" alfalfa in the approval condition pertaining to the crop grown. This
would allow room for one year of corn production. Corn requires a lot of water and would
help retain water rights.
Commissioner Polk asked if corn would be roughly the same in terms of labor and timing.
Mr. McDonald responded that alfalfa can be harvested 4 -5 times per year. With corn, it is
planted and harvested once.
Commissioner Polk asked if they should consider prohibiting other types of crops that
would require more equipment and noise.
Mr. McDonald answered that could be done. In discussions with the applicant, his
primary focus is to grow alfalfa and do one year corn.
Commissioner Portugal asked if the Commission needed to add anything to the motion
regarding corn.
Mr. McDonald responded that someone just needed to read the modified motion handed
out before the meeting.
Commissioner Khan moved, seconded by Commissioner Greenaway, to adopt the findings
of fact and conclusions therefrom as contained in the September 18, 2014 staff report.
The motion passed unanimously.
Commissioner Khan moved, seconded by Commissioner Greenaway, based on the findings
of fact and conclusions therefrom the Planning Commission recommend the City Council
grant a special permit for the location of a farm at the southwest corner of Burns Road
and Broadmoor Boulevard on Parcel #115- 210 -022 with conditions as listed in the
September 18, 2014 staff report. The motion passed unanimously.
AGENDA REPORT
FOR: City Council September 26, 2014
TO: Dave Zabell, City Manager Regular Mtg.: 10/06/14
Rick White,
Community & Economic Development Director
FROM: Jeffrey B. Adams, Associate Planner
SUBJECT: SPECIAL PERMIT: Detached garalZe height increase in an RS -12 (Suburban)
Zone (MF# SP 2014 -008)
I. REFERENCE(S):
1. Special Permit, Detached Garage - Vicinity Map
2. Special Permit, Detached Garage - Proposed Resolution
3. Special Permit, Detached Garage - Report to Planning Commission
4. Special Permit, Detached Garage - Planning Commission Minutes: 8/21/14 and
9/18/14
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
10/6: MOTION: I move to approve Resolution No. , approving a
Special Permit for detached garage height increase at 2907 W.
Ella St., as recommended by the Planning Commission.
III. FISCAL IMPACT:
NONE
IV. HISTORY AND FACTS BRIEF:
A. On August 21, 2014 the Planning Commission held a public hearing to determine
whether or not to recommend approval of a Special Permit to allow an increase in
height for a detached garage at 2907 W Ella St.
B. Following conduct of the public hearing, the Planning Commission recommended
James Pickens be granted a Special Permit with a number of conditions.
C. The recommended conditions are contained in the attached Resolution.
D. No written appeal of the Planning Commission's recommendation has been
received.
8(h)
RESOLUTION NO.
A RESOLUTION ACCEPTING THE PLANNING COMMISSION'S
RECOMMENDATION AND APPROVING A SPECIAL PERMIT FOR DETACHED
GARAGE HEIGHT INCREASE AT 2907 W ELLA ST.
WHEREAS, James Pickens submitted an application for detached garage height increase
on a Portion of the south '/z of the northeast 1/4 of the northeast `/4 of the southwest %4 of Section
24, Township 9, Range 29, commencing at the southeast corner of said south '/2 section; thence
northwest 89° 56' along the south boundary of said south '/z section 328.23' to the true point of
beginning; thence continuing northwest 89° 56' along said south boundary 201% thence northeast
2° parallel with the west boundary of said south '/z section 165.1'; thence southeast 89° 56'
parallel to said south boundary 201 ; thence southwest 2° parallel with said west boundary 165. P
to the point of beginning, subject to easements for road along south 10 feet thereof. (2907 W Ella
Street located on parcel 119 - 251 -104); and,
WHEREAS, the Planning Commission held a public hearing on August 21, 2014 to
review the proposed detached garage height increase; and,
WHEREAS, following deliberations on September 18, 2014 the Planning Commission
recommended approval of a Special Permit for the detached garage height increase with certain
conditions;
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO:
1. That a Special Permit is hereby granted to James Pickens for detached garage
height increase in an RS -12 (Suburban) Zone under Master File # SP 2014 -008
with the following conditions:
a) The special permit shall apply to Franklin County tax parcel 4119251104,
addressed 2907 W. Ella Street;
b) The garage must be developed in substantial conformance with the site plan
submitted with this special permit application;
c) The garage must not be larger than 1,200 square feet in size;
d) The garage shall not exceed 19 feet in height as measured at the mid -point of
the roof,
e) The site location of the garage must be graded to match the finished grade at
the base of the house;
f) The south elevation of the garage must contain at least 2 windows 36" by 48 ".
g) The garage must be painted to match the house;
h) A two (2) foot landscaped berm conforming to the standards found in PMC
25.75.050(4) shall be placed around the east and west sides of the garage, and
shall be maintained according to PMC 25.75.110;
i) All accessory structures must be removed from the property prior to a final
inspection on the detached garage;
j) The Special Permit shall be null and void if a building permit has not been
obtained by April 1, 2015.
Passed by the City Council of the City of Pasco this 6th day of October, 2014.
Matt Watkins, Mayor
ATTEST:
APPROVED AS TO FORM:
Debra L. Clark, City Clerk Leland B. Kerr, City Attorney
REPORT TO PLANNING COMMISSION
MASTER FILE NO: SP 2014 -008
HEARING DATE: 8/21/2014
ACTION DATE: 9/18/2014
APPLICANT: James Pickens
2907 W ELLA ST
Pasco, WA 99301
REQUEST: SPECIAL PERMIT: Detached garage height increase in an RS -12
(Suburban) Zone
1. PROPERTY DESCRIPTION:
Legal: A Portion of the south 1/2 of the northeast '/4 of the northeast '/4 of
the southwest 'A of Section 24, Township 9, Range 29, commencing at
the southeast corner of said south 1/2 section; thence northwest 89' 56'
along the south boundary of said south '/2 section 328.23' to the true
point of beginning; thence continuing northwest 89' 56' along said south
boundary 201'; thence northeast 2' parallel with the west boundary of
said south 1/2 section 165.1'; thence southeast 89' 56' parallel to said
south boundary 201'; thence southwest 2° parallel with said west
boundary 165.1' to the point of beginning, subject to easements for road
along south 10 feet thereof.
General Location: 2907 W Ella Street
Property Size: The parcel is approximately 0.75 acres.
2. ACCESS: The site is accessible from W. Ella Street.
3. UTILITIES: Municipal utilities currently serve the site.
4. LAND USE AND ZONING: The site is currently zoned RS -12 (Suburban)
and contains a single family residence. Surrounding properties are zoned
and developed as follows:
NORTH:
RS -12
- Single - Family Residence/ Church
SOUTH:
RS -12
- Single - Family Residence
EAST:
RS -12
- Single - Family Residence
WEST:
RS -12
- Single - Family Residence
5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site
for Low - Density Residential uses. Housing Policy (H -4 -A) encourages
standards that control the scale and density of accessory buildings and
homes to maintain compatibility within neighborhoods.
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 applicant recently purchased a large pre- engineered steel building for a
garage to be located in his rear yard at 2907 W. Ella Street in an RS -12 zoning
district. After purchasing the building the applicant's contractor contacted the
city about the permit process for the construction of the 2,000 square foot, 24
foot tall (to the peak of the roof) building. The contractor was informed a permit
could not be issued for the building due to the size and height of the building.
Detached residential garages are permitted accessory uses in the RS -12 zoning
district provided they do not exceed 18 feet in height and are no larger than
1,200 square feet in size. The zoning code (PMC 25.24.030) does not permit
shops or detached garages to be larger than the principle structure on a
residential lot, nor are they to be taller than the principle structure.
The code was amended in 2013 to provide a specific relief remedy to permit
taller garages /shops in the RS -20 and RS -12 zoning districts through the
special permit review process. The special permit process requires a garage
height increase to be reviewed under the standard special permit review criteria
(PMC 25.86.060) plus the supplemental criteria (PMC 25.86.065) as discussed
below. There is no relief remedy for increasing the size of a detached garage in
the RS -20 or RS -12 districts.
Although there is no special permit option for increasing the area of a garage in
an RS -12 district the code does permit a 260 -foot increase in size for every
additional 12,000 square feet of lot area. In this case the lot is 33,165 square
feet which would permit a 1,460 square foot garage /shop. Unfortunately the
applicant's house is only 1,200 square feet and therefore his garage cannot be
any larger than 1,200 square feet. The matter is further complicated by the fact
that there are already four accessory buildings on the lot totaling over 1,200
square feet. The existing shop and sheds will have to be removed and the
proposed garage will need to be reduced in size to or below 1,200 square feet to
meet the threshold requirement for a permit based on building size. The
applicant has proposed building an 'V shaped garage with an open carport to
be in compliance with the area limitations. The proposal is analogous to a
house with a covered patio. Many homes will have a roof structure covering a
patio and although the patio cover is attached to the house the covered patio
area is not included as additional square footage for the house.
The applicant is requesting a permit to exceed the 18 -foot limitation by one foot
and the limitation due to the height of his house by six feet for a structure
height of 19 feet as measured at the mid -roof level. The peak of the structure is
proposed to be approximately 24 feet tall as measured from the top of the roof
2
to the finished grade. The maximum height for houses within the neighborhood
is 25 feet. However, most of the houses in the neighborhood are single - story. It
is important to remember that structure heights are measured at the mid -point
of the roof which is half way between the roof eve and the roof peak.
The garage is proposed to be located to the north (behind) the applicant's house
in a location that is about 2 feet higher in elevation than W. Ella Street. With
only minimal grading, the elevation difference could exacerbate the height of
the garage rather than attenuate the height. The size of the lot and the
relatively large distances from houses and buildings on adjoining lots may help
reduce the impact of the proposed garage on neighboring properties. The
nearest house to the east of the proposed garage is just over 100 feet away; the
house to the west is separated by about 85 feet and the house the northwest is
about 110 feet away. There are no houses directly to the north of the proposed
garage, only the overflow parking lot of a church and the backyard of another
lot.
Part of the special permit review process for granting additional height to
garages /shops includes consideration for whether or not the proposed
garage /shop matches the principal structure in design and exterior treatments
such as roofing materials, siding, color, window and door openings, eave
overhangs, fenestrations and other architectural features. In this case the
proposed garage is a metal framed building with metal siding. There are no
exterior treatments that would cause the garage to complement the applicant's
house or surrounding residential buildings. The zoning code requires accessory
buildings (garages) to be compatible and similar in construction with the
primary structure (house) on the lot. For metal buildings the compatibility is
achieved to a degree by requiring the colors of the metal building to match the
colors of the house for both the siding and the roof. Due to the height and size
of the proposed garage in relation to the applicant's house and surrounding
houses more than color matching will be needed to achieve assimilation with
the character of the neighborhood. Without some modification such as adding
eave overhangs, additional windows, wainscoting of brick or stucco and fencing
or landscaping the building will be out of character with the neighborhood.
Given the condition of the applicant's property the landscaping option may only
provide temporary screening. The applicant has been cited at least 5 times by
code enforcement for the poor condition of his yard. There is absolutely no
landscaping on the lot.
STAFF FINDINGS OF FACT
Findings of fact must be entered from the record. The following are initial
findings drawn from the background and analysis section of the staff report.
The Planning Commission may add additional findings to this listing as the
result of factual testimony and evidence submitted during the open record
hearing.
1. The parcel is approximately 0.75 acres in area.
3
2. The site is zoned RS -12 (Suburban).
3. Neighboring lots range in size from 'A acre to slightly under 1/2 acre.
4. The subject property was annexed into the city in 1996 (Ordinance
3140).
5. The site fronts and is accessed by W. Ella Street.
6. The proposed garage will be located approximately 48 feet from W. Ella
Street.
7. The applicant is requesting a permit to exceed the 18 foot limitation by
one foot and the limitation due to the height of his house by six feet for a
structure height of 19 feet as measured at the mid -roof level. The peak of
the structure is proposed to be 24 feet tall as measured from the top of
the roof to the finished grade.
8. Structure height is measured at the roof mid - point.
9. The RS -12 zone allows homes to be up to thirty-five (35) feet in height.
10. The average height of the home on -site is 13 feet.
11. Pursuant to PMC 25.22.030(1) the maximum height of detached
structures in the RS -12 zone is eighteen (18) feet.
12. Pursuant to PMC 25.22.030(1) detached shops and garages exceeding
eighteen (18) feet in height may be approved by special permit.
13. the house on -site has a floor area of 1,200 square feet.
14. The applicant is requesting a permit to construct a 2,000 square foot
garage.
15. Pursuant to PMC 25.70.030(3) a detached garage cannot contain more
square footage than the principal building (house) on the same lot.
16. The applicant must reduce the size of his proposed garage to 1,200
square feet or less.
17. The RS -12 zone requires a minimum 10' side yard setbacks and 5' rear
yard setback.
18. The nearest house to the east of the proposed garage is just over 100 feet
away, the house to the west is separated by about 85 feet and the house
the northwest is about 110 feet away. There are no houses directly to
the north of the proposed garage; only the overflow parking lot of a
church and the backyard of another lot.
19. Accessory structures in the neighborhood generally consist of small
garden sheds and a few detached garages of modest size.
20. The proposed garage is a metal building that has the appearance of an
industrial/ commercial building rather than a residential accessory
structure.
21. The special permit review process requires the Planning Commission to
consider whether or not the garage will match the principle structure in
design and exterior treatments such as roofing materials, siding, color,
window and door openings, eave overhangs, fenestrations and other
architectural features.
22. The special permit review process requires the Planning Commission to
consider whether or not existing topography and elevation of the site and
surrounding property exacerbate or attenuate the height of the proposed
shop /garage.
23. The garage is proposed to be located to the north of (behind) the
applicant's house in a location that is about 2 feet or more higher in
elevation than W. Ella Street.
24. The special permit review process requires the Planning Commission to
consider whether or not landscaping features or berms can be used to
ameliorate the height of the shop /garage.
25. The property is currently devoid of landscaping except for a few old trees
that are in poor condition.
CONCLUSIONS BASED ON STAFF FINDINGS OF FACT
Before recommending approval or denial of a special permit the Planning
Commission must develop findings of fact from which to draw its conclusions
based upon the criteria listed in PMC 25.86.060. The criteria are as follows:
(1) Will the proposed use be in accordance with the goals, policies, objectives
and text of the Comprehensive Plan?
Though the Plan does not specifically address detached residential garages,
Plan Policy H -4 -A encourages innovative techniques in the design of residential
neighborhoods to provide character and variety in the community. The
availability of the special permit review process to increase shop and garage
heights is a new zoning technique aimed at providing a location specific
evaluation of such requests. No aspect of the application conflicts with the
Comprehensive Plan.
(2) Will the proposed use adversely affect public infrastructureP
Additional public infrastructure demand resulting from the use of the proposed
garage will be minimal.
(3) Will the proposed use be constructed, maintained and operated to be in
harmony with existing or intended character of the general vicinityP
The RS -12 District provides a low density residential environment permitting
single - family dwellings and accessory structures on quarter -acre lots. The
general neighborhood is developed with single - family residences (a church is
located to the north and a four -plex is located on Road 30) on suburban lots.
Accessory structures in the neighborhood generally consist of small garden
5
sheds and a few detached garages of moderate size. The proposed garage is a
metal building that has the appearance of an industrial/ commercial building
rather than a residential accessory structure. The zoning code requires
accessory buildings to be compatible and similar in construction with the
primary structure (house) on the lot. For metal buildings the compatibility is
achieved to a degree by requiring the colors of the metal building to match the
colors of the house for both the siding and the roof. Additional compatibility
can be achieved by requiring eave overhangs and windows to help take the
industrial edge off the building. Harmony with the character of the
neighborhood will not be achieved without some modification and perhaps
landscaping and fencing around the building.
(4) Will the location and height of proposed structures and the site design
discourage the development of permitted uses on property in the general
vicinity or impair the value thereof?
Construction of the proposed garage will have little impact on development in
the neighborhood because the neighborhood is fully developed. However
without some modifications to the building and site property values could be
impaired or neighbors may be reluctant to make major improvements. The
current site proposed for the garage is 2 feet or more higher than the street
elevation which will accentuate rather than attenuate the height of the garage.
(5) Will the operations in connection with the proposal be more objectionable to
nearby properties by reason of noise, fumes, vibrations, dust, traffic, or
flashing lights than would be the operation of any permitted uses within
the district?
Staff sees no reason why structure height would increase the potential for
objectionable effects such as noise, fumes, vibrations, dust, traffic or flashing
lights. It should be pointed out the property is completely devoid of any
residential landscaping and fails to meet neighborhood standards or the city
code dealing with landscaping. The property owner /applicant has been cited at
least 5 times for weed /nuisance violations in the past.
(6) Will the proposed use endanger the public health or safety if located and
developed where proposed, or in any way become a nuisance to uses
permitted in the district?
Requirements of the International Building Code will ensure the garage will be
built to conform to all public health or safety standards. However, without
modification of the building to reduce the industrial nature of the garage it may
become nuisance to nearby homes.
SUPPLEMENTAL FINDINGS OF FACT AND CONCLUSIONS BY PLANNING
COMMISSION FOR SHOPS /GARAGES.
In addition to making and entering conclusions from the record for special
permits based on the criteria in 25.86.060 the Planning Commission shall
G1
consider the following for special permits dealing with increased heights for
detached shops and garages:
(1) Will the shop /garage match the principle structure in design and exterior
treatments such as roofing materials, siding, color, window and door
openings, eave overhangs, fenestrations and other architectural features?
Residential detached shops and garages are required to have siding and roofing
materials consistent with and similar to the home they are built adjacent to.
The proposed garage is a steel structure with metal roofing and siding. In
addition it contains no eave overhangs or other architectural features
necessary to match the residential character of the neighborhood. Windows,
eave overhangs and other features are necessary to ameliorate the industrial
nature of the proposed structure.
(2) Will the existing topography and elevation of the site and surrounding
property exacerbate or attenuate the height of the proposed shop /garage?
The property rises in elevation such that the garage location may be two feet
higher than the street elevation. This change in elevation could potentially
exacerbate the height. of the shop vis -a -vis the house. To diminish the effects of
the elevation difference the garage site could be graded to reduce the impacts of
the height of the garage over the house.
(3) Will the proposal include landscaping features or berms to ameliorate the
height of the shop /garage?
There are no landscaping features indicated on the proposed site plan. The
property does not meet neighborhood standards or current City of Pasco
landscaping requirements and has been cited at least 5 times for
weed /nuisance violations. The lot is large enough to create berms to help
reduce the impact of the additional height of the garage on the neighborhood.
(4) Will the shop /garage be erected on the property utilizing minimum
setbacks?
Based on the site plan (Exhibit `1') the shop will be placed well within the
minimum ten (10) foot side setback line.
(5) Is the site larger than the minimum lot size requirement for the zoning
district?
The RS -12 zone requires parcels be a minimum of 12,000 square feet. The site
is 33,165 square feet.
APPROVAL CONDITIONS
1. The special permit shall apply to Franklin County tax parcel
#119251104, addressed 2907 W. Ella Street;
2. The garage must be developed in substantial conformance with the
site plan submitted with this special permit application.
7
3. The garage must not be larger than 1,200 square feet in size.
4. The garage shall not exceed 19 feet in height as measured at the
mid -point of the roof,
S. The site location of the garage must be graded to match the
finished grade at the base of the house.
6. The south elevation of the garage must contain at least 2 windows
36" by 48 ".
7. The garage must be painted to match the house
8. A two (2) foot landscaped berm conforming to the standards found
in PMC 25.75.050(4) shall be placed around the east and west
sides of the garage, and shall be maintained according to PMC
25.75.110.
9. All accessory structures must be removed from the property prior
to a final inspection on the detached garage.
10. The Special Permit shall be null and void if a building permit has
not been obtained by April 1, 2015
RECOMMENDATION
MOTION: I move to adopt findings of fact and conclusions therefrom as
contained in the September 18, 2014 staff report.
MOTION: I move based on the findings of fact and conclusions therefrom the
Planning Commission recommend the City Council grant a special permit to
allow a detached garage at 2907 W Ella Street (tax parcel # 119 251 104), with
conditions as listed in the September 18, 2014 staff report.
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It
REGULAR MEETING August 21, 2014
PLANNING COMMISSION MEETING
CALL TO ORDER:
The meeting was called to order at 7:OOpm by Acting Chairwoman Khan
POSITION MEMBERS PRESENT MEMBERS ABSENT
No.1 VACANT
No. 2 Tony Bachart
No.3 VACANT
No. 4 Alecia Greenaway
No. 5 Joe Cruz
No. 6 Loren Polk
No. 7 Zahra Khan
No. 8 Jana Kempf
No. 9 Gabriel Portugal
PUBLIC HEARINGS:
B. Special Permit Accessory Structure Height SJames Pickens) IMF#
SP 2014 -0081
Acting Chairwoman Khan read the master file number and asked for comments from staff
Rick White, Community & Economic Development Director, discussed the application for
an accessory structure height that is taller than what is permitted in the zoning code. The
applicant applied for a permit to build a 2,000 square foot detached garage that would
have a height at the midpoint of 19 feet, however, detached garages on this site cannot
exceed 18 feet and cannot be larger than 1,200 square feet in size. The Planning
Commission worked on a code amendment over the past year regarding accessory
structure height and size and arrived at a "stair- step" approach to allow increases in size
based upon the square footage of a lot. In this case, the lot is over 33,000 square feet and
would permit almost a 1,500 square foot shop but not a 2,000 square foot shop. There is
also a provision in the zoning code that further limits the size of the detached garage or
shed to no larger than the size of the house. In this case, the house is 1,200 square feet.
The applicant is requesting a special permit to allow an increase in the height of the
garage.
The Planning Commission must consider whether or not the proposed building will match
the house in design and exterior treatments, such as roofing, siding and color. In this
case the garage is a metal frame building with metal siding and would be out of character
for the neighborhood. Mr. White reviewed the written report with findings and tentative
conditions for the benefit of the Planning Commission. Staff was seeking direction from
the Planning Commission on the best ways to make adjustments to make the current
design of the garage work to minimize the impact on the neighborhood.
Acting Chairwoman Khan asked a question if the site plan included in the staff report
exhibits was created by the city or the applicant.
-1-
Mr. White answered by the applicant
Commissioner Portugal asked for clarification on a "pre- engineered steel building" that
was discussed in the staff report.
Mr. White answered that the structural components are already measured and tested for
strength and durability and assemble on -site.
Commissioner Bachart asked about a structure with what appears to be a metal roof in
one of the exhibit photos. He asked if those were existing metal structures and if they are
located on the applicant's property.
David McDonald, City Planner, responded that one is a garage and isn't as close to the
applicant's property as the picture indicates. Mr. McDonald gave further clarification on
other surrounding structures.
Commissioner Bachart asked if the siding on the white building behind the applicant's
property is metal siding.
Mr. McDonald replied that he was unsure if the house had metal siding or not but the roof
did.
Commissioner Portugal asked if the applicant already purchased the 2,000 square foot
garage.
Mr. White answered that Staff understood that the applicant has purchased the garage.
Commissioner Polk asked how the garage could be permitted even if the height is
approved since the structure is 2,000 square feet and larger than the home which is not
permitted.
Mr. White addressed the staff report where the applicant has proposed building an L-
Shaped garage with an open carport so that he can be in conformance of the limitation of
size.
Commissioner Bachart asked if that would require re- engineering of the building
Mr. White replied that he could not answer.
James Pickens, 2907 W. Ella Street, spoke on behalf of his application. Mr. Pickens
stated that as it stands, even if the height of the structure is permitted, with the additional
cost of re- engineering the structure and adding the eaves and overhangs which are
required per the staff report, it would be outside the budget and he would be unable to
construct. He stated if the Planning Commission approves the special permit with all of
the conditions he will have to withdraw his application for a permit.
Commissioner Greenaway asked if there was a smaller size of garage he could work with.
Mr. Pickens stated that he already invested money in the proposed structure. He would
have to try to sell it. He stated the auxiliary sheds on the property will be removed prior to
construction of the proposed garage.
-2-
With no further comments the public hearing was closed
Commissioner Bachart voiced sympathy for the applicant in regards to the additional
costs and land use but with it being a residential neighborhood, there should still be
restrictions placed on the structure.
Commissioner Greenaway agreed with Commissioner Bachart and also voiced
understanding but added that City Code should be looked into prior to moving forward.
Commissioner Bachart stated that it appears there are other metal structures in the area
and didn't feel that a metal structure would be completely out of character for the
neighborhood.
Commissioner Portugal stated that he thought it was a certain type of metal, such as an
industrial look, that drew concern.
Mr. White responded that the metal structure itself isn't the issue, it is what is done with
it, such as painting or dressing it up with eaves or overhangs to make it look less
industrial.
Commissioner Portugal asked if the City notifies citizens on the codes and issues so that
they don't purchase things, such as this. Commissioner Portugal voiced concern that not
all citizens may know the code and permit expectations.
Mr. White stated that there is a requirement on the homeowner to due diligence to see
what is necessary before beginning a project or work to see what is allowed. Citizens are
not notified randomly.
Commissioner Portugal responded that it probably just isn't possible.
Commissioner Greenaway asked if that information was already on the City website.
Mr. White responded that it is on the City website and there are handouts available at the
City.
Commissioner Bachart would like an approval condition added, although already
mentioned by the applicant, to remove the existing accessory structures on the property
prior to constructing the new one.
Mr. White responded that condition will need to be added prior to be moving forward.
Mr. White asked if the Commission had a consensus on the type of aesthetic treatments
applicable based on the choices in the staff report.
Commissioner Bachart asked what defined a landscape barrier.
Mr. White answered that it would hide or soften the appearance of the structure.
Commissioner Polk stated that she would be in favor of a landscape barrier.
Acting Chairwoman Khan stated that painting the garage would be a reasonable request
as well as windows.
-3-
Commissioner Bachart moved, seconded by Commissioner Polk, to close the public
hearing and schedule deliberations, the adoption of findings of fact, and development of a
recommendation for City Council for the September 18, 2014 Planning Commission
meeting. The motion passed unanimously.
Respectfully submitted,
David McDonald, City Planner
ME
REGULAR MEETING
PLANNING
CALL TO ORDER:
MEETING
The meeting was called to order at 7:OOpm by Chairwoman Kempf.
POSITION MEMBERS PRESENT
No.
1
No.
2
Tony Bachart
No.
3
No.
4
Alecia Greenaway
No.
5
No.
6
Loren Polk
No.
7
Zahra Khan
No.
8
Jana Kempf
No.
9
Gabriel Portugal
OLD BUSINESS:
MEMBERS ABSENT
VACANT
VACANT
Joe Cruz
September 18, 2014
B. Special Permit Structure Height (James Pickens) (MF# SP 2014-
0081
Chairwoman Kempf read the master file number and asked for comments from staff.
Rick White, Community & Economic Development Director, discussed the special permit
application for structure height of a detached garage in an RS -12 Zone. Mr. White
explained that the only changes to this report since the previous meeting were to condition
#6 and #8, which included the south elevation requirement for at least two windows and
that the landscape berm condition be a little flushed out and placed on the east and west
sides of the proposed garage.
Commissioner Polk stated that at the last meeting the applicant discussed restricting or
engineering the building to comply with the size of the building. She asked if the berms
would change at all depending on how the building is restructured.
Mr. White answered that the requirement would still be applicable regardless of how the
structure will end up.
Commissioner Bachart moved, seconded by Commissioner Portugal, to adopt the findings
of fact and conclusions therefrom as contained in the September 18, 2014 staff report.
The motion passed unanimously.
Commissioner Bachart moved, seconded by Commissioner Portugal, based on the findings
of fact and conclusions therefrom the Planning Commission recommend the City Council
grant a special permit to allow a detached garage at 2907 W. Ella Street (tax parcel #119-
251 -104), with conditions as listed in the September 18, 2014 staff report. The motion
passed unanimously.
-1-
Respectfully submitted,
David McDonald, City Planner
-2-
AGENDA REPORT
FOR: City Council
TO: Dave Zabell, City Manago
FROM: Stan Strebel, Deputy City Manager Q , r
SUBJECT: Sandifur Blvd Property Sale
I. REFERENCE(S):
1. Sandifur Blvd Property Sale — Vicinity Map
2. Sandifur Blvd Property Sale — Proposed Resolution
3. Sandifur Blvd Property Sale — Proposed Agreement
4. Sandifur Blvd Property Sale — Lot Segregation Map
October 1, 2014
Regular Mtg.: 10/6/14
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
10/6: MOTION: I move to approve Resolution No. approving the sale of
certain real property on Sandifur Blvd.
III. FISCAL IMPACT:
$701,316 net income to the City's Economic Development Fund
IV. HISTORY AND FACTS BRIEF:
A) The City secured an option to purchase 28 acres on Sandifur Blvd in the fall of 2012
as a possible site for the proposed regional aquatic facility. When voters failed to
approve the sales fax for the aquatic facility in August 2013, the City determined that
it would nevertheless purchase the property for other economic development
purposes. Accordingly, the City exercised its option to purchase the west one -half (14
acres) of the property in January 2014. The City assigned its option to purchase the
east one -half of the property to West Pasco LLC. The City's purchase price was
$2.29 /sgft.
B) Bill McCurley recently approached the City about the possibility of acquiring the
western-most seven acres of its property in order to relocate his Subaru dealership
which is currently in the Pasco Autoplex. The property is conveniently located near
the Road 100/Broadmoor Interchange and well suited for the intended use. The
City's goal in acquiring the property was to attract major retail businesses; retention
and expansion of the Subaru dealership in the City meets that goal.
C) The proposed purchase price is $2.30 /sgft which is reasonable given the City's
recovery of its full cost of acquisition and the retention of a significant business in the
community. The proposed dealership is expected to complement existing
development while increasing the attractiveness of the remaining seven acres owned
by the City.
D) The purchase and sale agreement (attached) provide for Mr. McCurley to submit an
application for building permit within six months of closing, and for the initiation of
construction to commence within six months thereafter.
V. DISCUSSION:
A) The proposed sale will facilitate the retention and expansion of a major retail business
within the City and further the City's economic development goals. Consistent with
the City's master plan and existing area development, the proposed use of the
property will enhance the City's adjacent property. Staff recommends approval of the
resolution authorizing the sale.
8(i)
RESOLUTION NO.
A RESOLUTION approving the sale of certain real property on Sandifur Blvd.
WHEREAS, the City owns a 14 -acre parcel on the south side of Sandifur Blvd, adjacent to
Bedford Street and said parcel is surplus to the present and future needs of the City; and
WHEREAS, the owner of the Subaru automotive dealership in the Pasco Autoplex desires to
expand and relocate said dealership and City's surplus real property is ideally located for such purpose
and such use is consistent with the City's master plan; and
WHEREAS, sale of the parcel can be best fulfilled if accomplished through a negotiated sale to
include appropriate terms and conditions regarding the nature, scale and timing of development; and
WHEREAS, the property was acquired by the City in January 2014 and the proposed sale price
of the property, at more than the City's cost of acquisition, renders it unnecessary for the City to obtain an
appraisal of the property within six months of the sale date to determine reasonable value; and
WHEREAS, the City is in possession of an appraisal, completed by an MAI Appraiser, on
January 24, 2014, for the immediately adjacent property, indicating a value for such property of
$2.50 /sgft; and the Council has considered the same and finds that it is an unnecessary expense to conduct
an additional appraisal and further finds that the sale price of $2.30 /sqft is reasonable under the conditions
of the proposed sale; and
WHEREAS, the proposed use of the property advances the economic development goals of the
City to attract and retain retail businesses within the community; and
WHEREAS, the owner of the Subaru dealership has agreed to terms and conditions for purchase
of approximately seven acres of such property, such terms and conditions being appropriate to fulfill the
City's objectives;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON
DOES RESOLVE AS FOLLOWS:
Section 1. That the sale of certain real property located on the south side of Sandifur Blvd
and east of Bedford Street, as described in the Purchase and Sale Agreement attached hereto, be approved
subject to all terms and conditions in the attached Purchase and Sale Agreement.
Section 2. The City Manager is hereby authorized to execute all documents necessary to
effect the sale of the property in accordance with the Purchase and Sale Agreement.
PASSED by the City Council of the City of Pasco, this 6th day of October, 2014.
CITY OF PASCO:
Matt Watkins, Mayor
ATTEST:
APPROVED AS TO FORM:
Debbie Clark, City Clerk Leland B. Kerr, City Attorney
PURCHASE AND SALE AGREEMENT
THIS PURCHASE AND SALE AGREEMENT (hereinafter "Agreement ") is entered into on
this 3 day of pdrL>ba,/` , 2014, between the City of Pasco, a Washington Municipal
Corporation (hereinafter "City") and Bill McCurley and/or assigns (hereinafter "Purchaser ") for
establishing the terms and conditions for the sale of real property (hereinafter "Property ") legally
described as set forth below:
The west seven (7) acres of Parcel ID Number 115460056 which is more particularly shown in
Exhibit A which is attached hereto and incorporated by reference. Upon completion of the
survey for the lot segregation, as described herein, such survey will be attached hereto and
become a part of this agreement.
RECITALS
WHEREAS, City is the owner of real property located in Franklin County, Washington, which
real property is described more particularly above; and
WHEREAS, City wishes to sell such real property and Purchaser wishes to purchase such
property under certain terms and conditions as set forth below; NOW, THEREFORE,
The parties covenant and agree as follows:
1. Purchase and Sale. City agrees to sell, and Purchaser agrees to purchase:
(a) That certain parcel of real property described above;
(b) All development rights relating to the real property; (i) all rights to obtain utility
service in connection with the real property; (ii) assignable licenses and other
governmental permits and permissions relating to the real property and the
operation thereof.
(c) The land, improvements, and appurtenances which constitute real property are
hereafter collectively defined as the "Real Property." All of the Property included
by reference within the foregoing paragraphs 1(a) through 1(c), both real and
personal, is hereinafter collectively referred to as the "Property."
(d) Conditions of sale, Purchaser agrees to use the real property for the development
of a new automobile (Subaru) dealership.
2. Purchase Price/Financine. The purchase price for the Property is Seven Hundred and One
Thousand, Three Hundred Sixteen Dollars ($701,316) which is calculated at $2.30 per
square foot. The City represents that the Property totals approximately 7.0 acres or
304,920 square feet. The purchase price is payable in cash to the City.
3. Method of Payment. Within ten (10) business days following the last party's execution of
this Agreement and delivery of a fully executed original thereof to the other party, Purchaser will
deposit with an escrow agent (Benton - Franklin Title Company), Twenty -Five Thousand and
Purchase and Sale Agreement, City of Pasco & Bill McCurley - Page 1
00 /100ths Dollars ($25,000.00), which shall constitute a deposit and be held in an interest
bearing trust account. This deposit shall be applied to the purchase price.
(a) Purchaser agrees that the deposit/earnest money shall be paid to City if the sale
does not close after Purchaser has removed all contingencies in writing.
(b) Upon closing, Purchaser shall electronically transfer proceeds of Purchaser's
financing for the balance of the purchase price or issue a cashier's check in the
amount of the purchase price.
4. Survev. The purchase price for the Property is Two and 30 /100ths Dollars ($2.30) per
square foot, as determined in accordance with paragraph 4(a).
(a) The City shall, at City's expense, within ten (10) days following the execution
and delivery of the Purchase and Sale Agreement to the Title Company, provide a
current survey acceptable to both Purchaser and Title Company. The purchase
price is based on the City's representation that the area of the parcel comprising
this Property sale is 304,920 square feet.
(b) The City shall, at City's expense, within thirty (30) days following the execution
and delivery of the Purchase and Sale Agreement to the Title Company, secure a
lot segregation acceptable to Purchaser, conveying the above- described real
property to the Purchaser contingent upon closing.
5. Inspection Period:
(a) Between the effective date of this Agreement and closing, or the earlier
termination of this Agreement, Purchaser and their authorized agents, contractors,
and consultants, shall have the right to go upon the Property at reasonable times
for the purpose of inspecting each and every part thereof to determine its present
condition and, at Purchaser's sole cost and expense, to prepare such reports, tests,
and studies as Purchaser deems appropriate, including but not limited to surveys,
soil tests, engineering studies and environmental tests. Before conducting any
invasive or intrusive testing such as borings or test holes, Purchaser shall give
City at least forty -eight (48) hours prior written notice, and shall coordinate the
date and time of such testing to enable City's representatives and/or consultants to
be present to take duplicate samples and record the methods used by the
Purchaser's consultants. The Purchaser's inspection period shall not exceed thirty
(30) days from the effective date of the Agreement unless otherwise agreed to by
both parties in writing.
(b) Purchaser agrees to repair any damage to the Property resulting from any
activities of Purchaser or his agents or consultants on the Property before closing.
Purchaser agrees to defend, indemnify and hold the City harmless from any and
all damages, expenses, claims, or liabilities (including but not limited to
attorney's fees and costs) arising out of any activities of Purchaser or his agents or
consultants on or about the Property before closing, except to the extent that the
same results from the City's negligence. Purchaser shall not be liable for any
Purchase and Sale Agreement, City of Pasco & Bill McCurley - Page 2
inspection claim resulting from Purchaser's discovery of any pre - existing
condition (including, but not limited to, the existence of any hazardous materials)
in, on, under or about the Property or any exacerbation of a pre- existing condition
in, on, under or about the Property, except to the extent that the exacerbation
results from the negligent act or omission of Purchaser or his agents or
consultants.
6. Title. Title to the Property is to be so insurable at closing under terms of the title policy
required to be delivered by City under terms of paragraph 7 hereof. All title insurance
charges for the policy referenced in paragraph 7 below in the amount of the purchase
price shall be equally divided between the parties, except for the cost of any special
endorsements requested by Purchaser and cancellation fees shall be paid by Purchaser.
7. Preliminary Commitment. Within fifteen (15) days from the last party's execution of this
agreement, City shall furnish Purchaser with a preliminary report/commitment from
Benton - Franklin Title for an ALTA owner's policy of title insurance with respect to the
Real Property, together with a copy of each document forming the basis for each
exception referenced therein. Purchaser shall advise City of any title objections within
five (5) days of its receipt of the report/commitment to remove all exceptions or
conditions in the title commitment. If within ten (10) days after its notice to City,
Purchaser have not received evidence satisfactory to it that such unsatisfactory items can
and will be removed at or prior to closing at City's sole cost and expense, then Purchaser
may elect to (a) terminate this Agreement and receive a full refund of the deposit, (b)
waive such defects, or (c) continue this Agreement in effect pending their removal.
Removal of unsatisfactory items or their waiver shall be a condition of closing. If
Purchaser does not make an election within thirty (30) days of its execution of this
Agreement, Purchaser shall be deemed to have waived the defects.
8. Due Diligence; Insiection Period.
(a) Within fifteen (15) days following the last party's execution of this Agreement,
City shall provide Purchaser with the title commitment described in paragraph 7
above, together with all relevant documents relating to the Property, including but
not limited to copies of all easement, lot segregation and all other covenants and
restrictions with respect to all or portions of the Property; and all existing surveys
and other reports and studies relating to the Property or its use or development in
the possession of City.
(b) Purchaser shall have one - hundred twenty (120) days from the date the last party
executes this Agreement (the "Inspection Period ") within which to conduct an
examination of the Property, including examinations of title, engineering tests,
soils tests, water percolation tests, ground water tests, environmental
examinations, market studies, appraisals, and any other tests or inspections which
Purchaser shall have deemed necessary or desirable for the purpose of
determining whether the Property is suitable for his intended uses. On or before
the expiration of the Inspection Period, the Purchaser shall notify City in writing,
with a copy to Escrow Agent, whether Purchaser intends to purchase the Property
or terminate this Agreement. If Purchaser elects to purchase the Property, then the
Purchase and Sale Agreement, City of Pasco & Bill McCurley - Page 3
Inspection Period shall terminate and Purchaser's obligation to purchase and
City's obligation to sell the Property shall remain, subject to the other terns and
conditions of this Agreement. If Purchaser elects not to purchase the Property,
then this Agreement shall be void and of no further force and effect, and the
deposit shall be returned to Purchaser. In the event Purchaser fails to notify City
in writing of its election to purchase the Property or terminate this Agreement
prior to the expiration of the Inspection Period, then Purchaser shall be deemed to
have elected to terminate this Agreement.
(c) Buyer's obligation to purchase this Property is conditioned upon Purchaser, or an
affiliate or assign, and the Property being approved by Subaru of America to
operate as a Subaru dealership on the Property and JP Morgan Chase committing
to lend sufficient funds for Purchaser to construct the automobile retail store and
service center on the Property within one - hundred twenty (120) days from the
date the last party executes this Agreement.
(d) Buyer's obligation to purchase this Property is conditioned upon the City securing
a change of zone of the Property to C -R (Commercial Regional District) with auto
sales as a permitted use and eligible for freeway signage pursuant to PMC
17.05.050, and as may be subject to a variance as provided by PMC 17.17.010.
The City shall make application for the rezone upon execution of this Agreement.
9. Pro - rations. Real Property taxes, assessments, water and other utilities, and all other
expenses for the month of closing, shall be prorated as of closing. All expenses, fees and
sums owing or incurred for the Property for periods prior to closing shall be paid by City,
when and as due.
10. Possession. Purchaser shall be entitled to sole possession of the Property at closing,
subject only to the rights, if any, of tenants in possession under the leases.
11. Closine. Closing shall occur within ten (10) days of the conclusion of Purchaser's
inspection period as provided in Section 8 above, but in no event later than February 16,
2015.
(a) At closing City will deposit in escrow a duly executed statutory warranty deed
covering the Property; a FIRPTA affidavit; and all other documents and monies
required of it to close this transaction in accordance with the terms hereof. All
such documents shall be in form satisfactory to Purchaser's counsel.
(b) At closing Purchaser will deposit in escrow the monies required of it to close the
transaction in accordance with the terms hereof.
12. Closing Costs. All excise, transfer, sales and other taxes, if any, incurred in connection
with the sale, the title insurance premium, recording fees on the deed and the escrow fee
shall be equally divided between the parties. The City shall bear all costs associated with
the lot segregation. Each party shall bear its own attorneys' fees, except as otherwise
expressly provided herein.
Purchase and Sale Agreement, City of Pasco & Bill McCurley - Page 4
13. Liquidated Daman. As an inducement to develop surplus City property in a manner that
brings economic development to the City, the parties agree to the following liquidated
damages in the event that Purchaser fails, without legal excuse after the inspection
period, to complete the purchase of the Property or fulfill the terms and obligations set
forth in paragraph 3. The Purchaser acknowledges that the purchase price and
consideration given by City are related to the City's goal of economic development and
lost opportunities for development that would arise if Purchaser fails to begin
construction of the anticipated development. Purchaser expressly acknowledges that this
clause is not a penalty but a reasonable forecast of economic loss if development does not
occur at this location. The earnest money /deposit shall be forfeited to the City as the sole
and exclusive remedy available to the City for such failure to purchase. In the event City
defaults hereunder, Purchaser may pursue all remedies at law or equity, including the
right to specific performance, an action for damages, or termination and return of its
earnest money.
14. Reversionary Clause and Option to Rgpurchase/Reclaim.
(a) This Property is being sold to Purchaser in anticipation of the development of a
new Subaru Automobile Sales and Service facility.
(b) If the Purchaser fails to submit an application to City for approval of building
plans consistent with subsection (a) above, within six (6) months of Closing, the
City reserves the right to reclaim title to this Property. If the Purchaser does not
initiate construction within twelve (12) months of Closing, City reserves the right
to reclaim title to this Property. The City shall reclaim this Property by refunding
90% of the original Purchase Price in the sum of Six Hundred Thirty -One
Thousand, One Hundred Eighty -Four Dollars ($631,184) without interest. The
City will not assume any liability for expenses incurred by Purchaser in
conducting this transaction. Purchaser agrees to re- convey title to the City within
sixty (60) days of receipt of notification of City's decision to seek reconveyance
of Property. This reversionary right is exclusive to the City and shall be exercised
at the sole discretion of the City.
(c) This reversionary right survives forty -eight (48) months after closing or until such
time as building commences, whichever is earlier. The City shall be under no
obligation to exercise this reversionary right. This reversionary clause shall
survive the delivery of the Deed, but shall automatically lapse upon expiration of
the time periods herein and City shall execute such further documents as
Purchaser shall request to release same.
15. Counterparts. This Agreement may be signed in counterparts which, taken together, shall
constitute the complete Agreement.
16. Actions During Term. During the term hereof, City shall not enter into any lease or other
agreement affecting the Property or its operation, or modify, extend or otherwise change
the terms of any lease or other agreement affecting the Property or its operation or
otherwise permit any change in the status of title to the Property without Purchaser's
prior written consent.
Purchase and Sale Agreement, City of Pasco & Bill McCurley - Page 5
17. Assi ent. Purchaser may assign Purchaser's interest in this Agreement to an
associated or affiliated entity without City's prior written consent.
18. City's Warranties: Indemnity. City makes the following representations and warranties,
which shall be deemed remade as of the closing date:
(a) The Property and improvements are not in violation of any applicable covenant,
condition or restriction or any applicable statute, ordinance, regulation, order,
permit, rule or law, including, without limitation, any building, private restriction,
zoning or environmental restriction.
(b) Other than the obligations of record, there are no obligations in connection with
the Property, which will be binding upon Purchaser after closing other than
liability for the payment of real estate taxes and utility charges.
(c) There are no claims, actions, suits or governmental investigations or proceedings
existing or, to the best of City's knowledge, threatened against or involving City,
or the Property (including, without limitation, any condemnation or eminent
domain proceeding or matter related to the formation of or assessment by a local
improvement district) and City has received no written notice thereof.
(d) All insurance policies now maintained on the Property will be kept in effect, up to
and including the closing. City has received no notice from any insurance
company or rating organization of any defects in the condition of the Property or
of the existence of conditions which would prevent the continuation of existing
coverage or would increase the present rate of premium.
(e) There are no leases affecting the Property.
(f) The Property, as properly rezoned to C -R (Commercial Regional District)
allowing automobile dealerships as a permitted use, and there are no land use
restrictions or access limitations that would unreasonably limit the construction of
an automobile dealership.
(g) There are no commissions due to any real estate broker or agent that arise from
this Agreement.
(h) All such representations and warranties shall be reaffirmed by City as true and
correct as of the Closing Date and shall survive the Closing for a period of two (2)
years.
If, prior to closing, City becomes aware of any fact or circumstance which would change
a representation or warranty, then City will immediately give notice of such changed fact
or circumstance to Purchaser, but such notice shall not relieve the City of its obligations
hereunder.
Purchase and Sale Agreement, City of Pasco & Bill McCurley - Page 6
19. Environmental Indemnification.
(a) City will defend, indemnify, and hold Purchaser and his partners, agents and
employees and assignee (collectively, the "Indemnified Parties ") harmless from
and against any and all claims, obligations, damages, causes of action, costs and
expenses, losses, fines, penalties, and liabilities, including, without limitation,
attorneys' fees and costs, imposed upon or incurred by or asserted against an
Indemnified Party arising out of or in connection with the occurrence of any of
the following: (i) prior to closing: (A) any Environmental Matter affecting or
relating to the Property arising out of City's use and ownership of the Property; or
(B) any violation of any Environmental Law by City with respect to the Property;
and (ii) subsequent to closing: (C) the manufacture, storage, sale, use, disposal,
release, or discharge of Hazardous Substance in, on or under the Property by City;
or (D) any violation of any Environmental Law by City with respect to the
Property. City shall also be responsible for all costs, expenses, fines, and penalties
arising out of or in connection with the investigation, removal, remediation, clean-
up, and restoration work resulting from the matters described in the preceding
sentence. City represents that to the best of its knowledge, after reasonable
inquiry, it is not aware of any violation of any Environmental Laws relating to the
Property, any Hazardous Materials located on the Property or any Environmental
Matter relating to the Property. City's obligations and representations under this
Section 22 shall survive closing.
(b) `Environmental Laws" shall mean any federal, state or local laws, ordinance,
permits or regulations, or any common law, regarding health, safety, radioactive
materials or the environment, including but not limited to, the following federal
statutes: Clean Air Act (42 U.S. C. §§ 7401 et sea.) ( "CAA "), Clean Water Act
(33 U.S.C. §§ 1251 et seq.) ( "CWA" ), Resource Conservation and Recovery Act
(42 U.S.C. §§ 6091 et sea.) ( "RCRA "), Comprehensive Environmental Response
Compensation and Liability Act (42 U.S.C. §§ 9601 et sea.) ( "CERCLA "),
Emergency Planning and Community Right -To -Know Act (41 U.S.C. §§ 11001 et
seq.) (` EPCRA "), Safe Drinking Water Act (42 U.S.C. §§ 300f et seq.)
( "SDWA "), Hazardous Material Transportation Act of 1975 (49 U.S.C. §§ 1801
et sea.) ( "HMTA "), Toxic Substances Control Act (15 U.S.C. §§ 2601 et sea.)
( "TSCA "), Endangered Species Act of 1973 (16 U.S.C. §§ 1531 et sea.) ( "ESA "),
Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C. §§ 136 et sea.)
( "FIFRA "), the Occupational Safety and Health Act (29 U.S.C. §§ 651 et sea.)
( "OSHA "), the Washington Model Toxics Control Act (RCW Chapter 70.150D)
( "MTCA" ), or the Hazardous Waste Management Act (RCW Chapter 70.105)
( "HWMA "), each as amended, and any regulations promulgated thereunder,
guidance and directives issued with respect thereto, or policies adopted by the
applicable authorities thereunder.
(c) "Hazardous Substances" shall mean: (i) any radioactive materials; (ii) any
substance or material the transportation, storage, treatment, handling, use,
removal or release of which is subject to any Environmental Law; or (iii) any
substance or material for which standards of conduct are imposed under any
Environmental Law. Without limiting the generality of the foregoing, "Hazardous
Purchase and Sale Agreement, City of Pasco & Bill McCurley - Page 7
Substances" shall include: asbestos and asbestos - containing materials (whether or
not friable); urea - formaldehyde in any of its forms; polychlorinated biphenyls; oil,
used oil; petroleum products and their by- products; lead -based paint; radon; and
any substances defined as "hazardous waste," "hazardous substances," "pollutants
or contaminants," "toxic substances," "hazardous chemicals," "hazardous
pollutants," or "toxic chemicals "under the CAA, CWA, RCRA, CERCLA,
EPCRA, SDWA, HMTA, TSCA, OSHA, MTCA or HWMA.
(d) "Environmental Matter" shall mean any of the following: (i) the release of any
Hazardous Substance on or at the Property or any other property; (ii) the
migration of any Hazardous Substance onto or from the Property; (iii) the
environmental, health or safety aspects of transportation, storage, treatment,
handling, use or release, whether any of the foregoing occurs on or off the
Property, of Hazardous Substances in connection with the operations or past
operations of the Property; (iv) the violation, or alleged violation with respect to
the Property, of any Environmental Law, order, permit or license of or from any
governmental authority, agency or court relating to environmental, health or
safety matters; (v) the presence of any underground storage tanks within the
confines of the Property; (vi) the presence of wetlands within the confines of the
Property; (vii) the presence of any endangered species on, in or around the
Property; or (viii) soil, groundwater and surface conditions on, in or around the
Property which may have an adverse affect upon the use or value of the Property.
20. Costs and Expenses. Except as otherwise expressly provided herein, each party hereto
will bear its own costs and expenses in connection with the negotiation, preparation and
execution of this Agreement, and other documentation related hereto, and in the
performance of its duties hereunder.
21. Notices. All notices provided for herein may be delivered in person, sent by commercial
overnight courier, telecopied or mailed by U.S. registered or certified mail, return receipt
requested, and, if mailed, shall be considered delivered three (3) business days after
deposit in such mail. The addresses to be used in connection with such correspondence
and notices are the following, or such other address as a party shall from time -to -time
direct:
City:
Purchaser:
City of Pasco
525 North 3rd
Pasco, WA 99301
Attn: Dave Zabell, City Manager
(509) 545 -3404
Bill McCurley
1325 N. Autoplex Way
Pasco WA 99301
(509) 547 -5555
Purchase and Sale Agreement, City of Pasco & Bill McCurley - Page 8
22. Miscellaneous.
(a) Further Documentation. Each of the parties agrees to execute, acknowledge, and
deliver upon request by the other party any document which the requesting party
reasonably deems necessary or desirable to evidence or effectuate the rights
herein conferred or to implement or consummate the purposes and intents hereof,
so long as such imposes no different or greater burden upon such party than is
otherwise imposed hereunder.
(b) Headings. The headings in this Agreement are for convenience only and do not in
any way limit or affect the terms and provisions hereof.
(c) Calculation of Time Periods. Unless otherwise specified, in computing any
period of time described in this Agreement, the day of the act or event after which
the designated period of time begins to run is not to be included and the last day
of the period so computed is to be included, unless such last day is a Saturday,
Sunday or legal holiday. The final day of any such period shall be deemed to end
at 5 p.m., Pacific Time.
(d) Time of Essence. Time is of the essence of this Agreement.
(e) Gender. Wherever appropriate in this Agreement, the singular shall be deemed to
refer to the plural and the plural to the singular, and pronouns of certain genders
shall be deemed to include either or both of the other genders.
(f) Exhibits. The Exhibits referred to herein and attached to this Agreement are
incorporated herein as if set forth in full.
(g) Unenforceability. If any provision of this Agreement is held to be invalid, illegal
or unenforceable in any respect, such invalidity, illegality or unenforceability
shall not affect the remainder of such provision or any other provisions hereof.
(h) Amendment. Modifications. This Agreement may not be altered, amended,
changed, waived, terminated or modified in any respect or particular unless the
same shall be in writing and signed by or on behalf of the party to be charged
therewith.
23. Attorneys' Fees. If any lawsuit or arbitration arises in connection with this Agreement,
the substantially prevailing party therein shall be entitled to receive from the losing party,
the substantially prevailing party's costs and expenses, including reasonable attorneys'
fees incurred in connection therewith, in preparation therefore and on appeal therefrom,
which amounts shall be included in any judgment entered therein.
24. Waiver. A party may, at any time or times, at its election, waive any of the conditions to
its obligations hereunder, but any such waiver shall be effective only if contained in
writing signed by such party. No waiver shall reduce the rights and remedies of such
Purchase and Sale Agreement, City of Pasco & Bill McCurley - Page 9
party by reason of any breach of any other party. No waiver by any party of any breach
hereunder shall be deemed a waiver of any other or subsequent breach.
25. Governing. This Agreement shall be construed and enforced in accordance with the
laws of the State of Washington.
26. Facsimile Signatures. Each party (a) has agreed to permit the use, from time -to -time and
where appropriate, of telecopied signatures in order to expedite the transaction
contemplated by this Agreement, (b) intends to be bound by its respective telecopied
signature, (c) is aware that the other will rely on the telecopied signature, and (d)
acknowledges such reliance and waives any defenses to the enforcement of the
documents effecting the transaction contemplated by this Agreement based on the fact
that a signature was sent by telecopy.
27. REMEDIES. IF PURCHASER FAILS, AFTER THE REMOVAL OF ITS
CONTINGENCIES, AND WITHOUT LEGAL EXCUSE, TO COMPLETE THE
PURCHASE OF THE PROPERTY, THE DEPOSIT SHALL BE FORFEITED TO CITY
AS LIQUIDATED DAMAGES AND THE SOLE AND EXCLUSIVE REMEDY TO
CITY FOR SUCH FAILURE. IN THE EVENT OF CITY'S DEFAULT, PURCHASER
MAY PURSUE ANY REMEDY AVAILABLE AT LAW OR IN EQUITY,
INCLUDING SPECIFIC PERFORMANCE.
City's Initials Purchaser's Initials
28. Entire Agreement. This Agreement and the exhibits hereto constitute the entire
agreement among the parties with respect to the subject matter hereof and supersede all
prior agreements, oral or written, express or implied, and all negotiations or discussions
of the parties, whether oral or written, and there are no warranties, representations or
agreements among the parties in connection with the subject matter hereof except as set
forth herein.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates noted
below.
PURCHASER
?� VLA- L�q
Bill McCurley
CITY
Dave Zabell, City Manager
Date
Date
oL. k- 3 t zL,> . A—
Purchase and Sale Agreement, City of Pasco & Bill McCurley - Page 10
Attest:
Debbie, City Clerk
Approved as to form:
Leland Kerr, City Attorney
Purchase and Sale Agreement, City of Pasco & Bill McCurley - Page 11
STATE OF WASHINGTON)
) ss.
County of Franklin }
On this day personally appeared before me Dave Zabell, City Manager of the City of
Pasco, Washington, to me 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
deed for the uses and purposes therein mentioned.
SUBSCRIBED and sworn to before me this d ay, of , 2014.
,%,�,11ZUN�,, Notary Public in and for the St of Washington,
Residing at t �c
ti� oye`� �FN•: My Commission Expires: /(p
CF
STATE OF WASHINGTON)
) ss.
County of )
On this day personally appeared before me Bill McCurley, to me 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 deed for the uses and purposes
therein mentioned.
SUBSCRIBED and sworn to before me this day of
2014.
Notary Public in and for the State of Washington,
Residing at
My Commission Expires:
Purchase and Sale Agreement, City of Pasco & Bill McCurley - Page 12
Z
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AGENDA REPORT NO. 30
FOR: City Council September 29, 2014
TO: Dave Zabell, City Manage0s Ahmad Qayoumi, Public D irector
FROM: Michael A. Pawlak, City Engineer M` Regular Mtg.: 10/6/14
SUBJECT: Bid Award: 2014 Sewer Line Repairs, "Plroject #M7- SE- 2R -14 -01
I. REFERENCE(S):
1. 2014 Sewer Line Repairs - Vicinity Map
2. 2014 Sewer Line Repairs - Bid Summary
H. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
10/06: MOTION: I move to award the low bid for the 2014 Sewer Line Repairs to
Accelerated Construction & Excavating, LLC in the amount of
$28,507.50, and further, authorize the Mayor to sign the contract
documents.
III. FISCAL IMPACT:
Sewer Rates
IV. HISTORY AND FACTS BRIEF:
A) The project involves the replacement of deteriorated sewer main and removal of an
existing manhole, rehabilitation of existing manhole with appurtenances and surface
restoration.
B) The project is divided into a Base Bid and Alternates 1 and 2.
V. DISCUSSION:
A) On September 23, 2014, the City received three (3) bids for the project. The low bid
was received from Accelerated Construction & Excavating, LLC in the amount of
$28,507.50 for the base bid. Second low bid was from KBEC, LLC in the amount of
$37,692.17 for the base bid. The Engineer's Estimate for the base bid is $34,013.52.
B) After reviewing the bids, relative priorities of the project alternatives, and cost
effectiveness of accomplishing the work at this time, staff recommends that the City
only proceed with the most urgent component — the base bid project.
C) Staff has reviewed the bid submittal and found no exceptions or irregularities.
D) Staff recommends award of the base bid of the contract to Accelerated Construction &
Excavating, LLC in the amount of $28,507.50.
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