HomeMy WebLinkAbout2016.08.01 Council Meeting PacketPage
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Regular Meeting
1. CALL TO ORDER:
2. ROLL CALL:
AGENDA
PASCO CITY COUNCIL
7:00 p.m.
(a) Pledge of Allegiance
August 1, 2016
3. CONSENT AGENDA: All items listed under the Consent Agenda are considered
to be routine by the City Council and will be enacted by roll call vote as one motion
(in the form listed below). There will be no separate discussion of these items. If
further discussion is desired by Council members or the public, the item may be
removed from the Consent Agenda to the Regular Agenda and considered
separately.
(a) Approval of Minutes
To approve the Minutes of the Pasco City Council Meeting dated July 18,
2016.
(b) Bills and Communications
To approve claims in the total amount of $2,683,685.95 ($1,755,801.57 in
Check Nos. 210979-211230; $926,944.91 in Electronic Transfer Nos.
811240-811327, 811337-811338, 811342-811485, 811487-811672;
$63,295.77 in Check Nos. 49487-49565; $623,541.24 in Electronic Transfer
Nos. 30096759-30097259; $2,000.00 in Electronic Transfer No. 280).
To approve bad debt write-off for Utility Billing, Ambulance, Cemetery,
General Accounts, Miscellaneous Accounts, and Municipal Court (non-
criminal, criminal, and parking) accounts receivable in the total amount of
$222,808.74 and, of that amount, authorize $150,578.57 be turned over for
collection.
(c) Interlocal Agreement for School Resource Officer Services
To approve the two-year Interlocal Agreement with the Pasco School
District for school resource officer services and, further, authorize the City
Manager to execute the agreement.
(d) I Final Plat: Ellie Ann Estates (MF# FP 2016-010)
To approve the Final Plat for Ellie Ann Estates.
Page 1 of 147
29-37
38-43
Regular Meeting
August 1, 2016
(e) Final Acceptance: Wastewater Treatment Plant Safety Improvements
Project
To approve Resolution No. 3720, accepting work performed by Culbert
Construction, under contract for the Wastewater Treatment Plant Safety
Improvements Project.
(RC) MOTION: I move to approve the Consent Agenda as read.
4. PROCLAMATIONS AND ACKNOWLEDGEMENTS:
(a) Yard and Business of the Month Awards
Mayor Watkins to present Certificates of Appreciation for July 2016 "Yard
of the Month" and 'Business Appearance of the Month" to:
Celina & Jose Garcia Perez, 307 N. Charles St.
Rosalba Cuevas, 3521 W. Ella St.
Boyd & Diane Kostoff, 4 Iris Ct.
Lorrine Olson, 11009 W. Court St.
Musser Brothers Auctioneers & Farmers National Co., 3035
Rickenbacker Dr.
(b) Presentation of Proclamation for "National Night Out" August 2, 2016
Mayor Matt Watkins to present Proclamation to Bob Metzger, Chief of
Police
5. VISITORS - OTHER THAN AGENDA ITEMS: This item is provided to allow
citizens the opportunity to bring items to the attention of the City Council or to
express an opinion on an issue. Its purpose is not to provide a venue for debate or
for the posing of questions with the expectation of an immediate response. Some
questions require consideration by Council over time and after a deliberative
process with input from a number of different sources; some questions are best
directed to staff members who have access to specific information. Citizen
comments will normally be limited to three minutes each by the Mayor. Those with
lengthy messages are invited to summarize their comments and/or submit written
information for consideration by the Council outside of formal meetings.
6.
VA
REPORTS FROM COMMITTEES AND/OR OFFICERS:
(a) Verbal Reports from Councilmembers
HEARINGS AND COUNCIL ACTION ON ORDINANCES AND
RESOLUTIONS RELATING THERETO:
Page 2 of 147
Regular Meeting
August 1, 2016
45-51 (a) Street & Easement Vacation: Street Right -of -Way and Street Easement
between Rd 92 and Rd 96 (MF# VAC 2016-007)
CONTINUE PUBLIC HEARING
MOTION: I move to adopt Ordinance No. 4297, vacating right-of-way and
easements associated with the undeveloped portion of Franklin Road
between Road 92 and Road 96, and, further, authorize publication by
summary only.
8. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS:
52-66 (a) Ordinance modifying PMC 10.56 "Parking - Streets Restricted"
MOTION: I move to adopt Ordinance No. 4308, amending the sections of
Parking — Streets Restricted, Section 10.56 of the Pasco Municipal Code;
amending Schedule III — Parking Prohibited at All Times on Certain Streets,
Section 10.56.080 of the Pasco Municipal Code; amending Schedule IV —
Parking Prohibited During Certain Hours on Certain Streets, Section
10.56.090 of the Pasco Municipal Code; amending Schedule VI — Parking
Time Limited on Certain Streets, Section 10.56.110 of the Pasco Municipal
Code and, further, authorize publication by summary only.
67-71 (b) Adoption of Stormwater Management Manual for Eastern Washington
MOTION: I move to adopt Ordinance No. 4309, creating a New Section
13.60.120 "Stormwater and Drainage Improvement Standards"; Amending
Section 13.60.130 "Stormwater Construction Permit Required' ; Amending
Section 13.60.140 "Prohibited Discharges"; and Amending Section
13.60.150 "Authorized Discharges" and, further, authorize publication by
summary only.
72-90 (c) E Rezone: R-1 (Low Density Residential) to "O" (Office) (MF# Z
2016-003)
MOTION: I move to adopt Ordinance No. 4310, rezoning Lots 14-16,
Block 11, Helm's 2nd Addition from R-1 (Low Density Residential) to "O"
(Office), and further, authorize publication by summary only.
91 - 118 (d) E Preliminary Plat: Columbia Terrace (MF# PP 2016-001)
MOTION: I move to approve Resolution No. 3721, approving the
Preliminary Plat for Columbia Terrace.
119-143 (e) Land Sale to CBC Student Housing, LLC
MOTION: I move to approve Resolution No. 3722, approving the sale of
certain real property near 20th Avenue and Argent Road.
Page 3 of 147
Regular Meeting August 1, 2016
9. UNFINISHED BUSINESS:
10. NEW BUSINESS:
144-147 (a) 1 Lodging Tax Advisory Committee Appointments
MOTION:. I move to confirm the Mayor's appointment of Hector Cruz, Tri -
Cities Visitor and Convention Bureau, to the Lodging Tax Advisory
Committee.
11. MISCELLANEOUS DISCUSSION:
12. EXECUTIVE SESSION:
13. ADJOURNMENT.
(RC) Roll Call Vote Required
* Item not previously discussed
Q Quasi -Judicial Matter
MF# "Master File #...."
REMINDERS:
1:30 p.m., Monday, August 1, TRIOS — Emergency Medical Services Board Meeting.
(COUNCILMEMBER TOM LARSEN, Rep.; AL YENNEY, Alt.)
12:00 p.m., Wednesday, August 3, 2601 N. Capitol Avenue — Franklin County
Mosquito Control District Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.;
AL YENNEY, Alt.)
This meeting is broadcast live on PSC -TV Channel 191 on Charter Cable and streamed
at www.pasco-wa.gov/psctvlive.
Audio equipment available for the hearing impaired; contact the Clerk for assistance.
Page 4 of 147
AGENDA REPORT
FOR: City Council
TO: Dave Zabell, City Manager
FROM: Rick Terway, Director
Administrative & Community Services
SUBJECT: Approval of Minutes
I. REFERENCE(S):
Minutes 07.18.16
July 22, 2016
Regular Meeting: 8/1/16
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve the Minutes of the Pasco City Council Meeting dated July 18, 2016.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
Page 5 of 147
MINUTES
REGULAR MEETING PASCO CITY COUNCIL JULY 18, 2016
CALL TO ORDER:
The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor.
ROLL CALL:
Councilmembers present: Rebecca Francik, Saul Martinez, Matt Watkins and
Al Yenney. Excused: Robert Hoffinann, Tom Larsen and 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; Ahmad Qayoumi, Public Works Director; Richa Sigdel, Finance
Director; Bob Metzger, Police Chief and Bob Gear, Fire Chief.
The meeting was opened with the Pledge of Allegiance led by Columbia River
Young Marines.
Mayor Watkins thanked the Columbia River Young Marines for their
continuous service to the City of Pasco in support of our community events.
CONSENT AGENDA:
Approval of Minutes
To approve the Minutes of the Pasco City Council Meeting dated July 5, 2016.
Bills and Communications
To approve claims in the total amount of $8,342,215.45 ($1,851,924.11 in
Check Nos. 210723-210978; $763,084.62 in Electronic Transfer Nos. 811234,
811328-811333; $58,868.62 in Check Nos. 49414-49486; $605,383.73 in
Electronic Transfer Nos. 30096256-30096758; $5,062,954.37 in Electronic
Transfer Nos. 269-279).
To approve bad debt write-off for Utility Billing, Ambulance, Cemetery,
General Accounts, Miscellaneous Accounts, and Municipal Court (non-
criminal, criminal, and parking) accounts receivable in the total amount of
$222,808.74 and, of that amount, authorize $150,578.57 be turned over for
collection.
Street Vacation: A Portion of Nevada Ave., Wyoming Ave., Utah Ave., and
Superior St. (MF# VAC 2016-009)
To approve Resolution No. 3719, setting 7:00 P.M., Monday, August 15, 2016,
as the time and date to conduct a public hearing to consider vacating portions of
Nevada Avenue, Wyoming Avenue, Utah Avenue and Superior Street.
MOTION: Ms. Francik moved to approve the Consent Agenda as read. Mr.
Yenney seconded. Motion carried by unanimous Roll Call vote.
PROCLAMATIONS AND ACKNOWLEDGEMENTS:
Jacob Gonzalez, President, Downtown Pasco Development Authority,
introduced their new Executive Director, Luke Hallowell.
Page 1 of 3 Page 6 of 147
MINUTES
REGULAR MEETING PASCO CITY COUNCIL JULY 18, 2016
Kim Shugart, Senior Vice -President, Visit Tri -Cities, introduced Glen Swantek
and Lauren Hilliard with Merje, who presented an Introduction to Wayfinding
in the Tri -Cities.
REPORTS FROM COMMITTEES AND/OR OFFICERS:
Mr. Yenney reported on the Benton Franklin Council of Governments Board
meeting.
Ms. Francik welcomed the Prince Hall Masons of Washington Convention to
Pasco and attended the Grand Opening of the Hampton Inn & Suites and Bill
McCurley Subaru.
Mayor Watkins reported on the Ben Franklin Transit Board meeting.
Mr. Zabell explained the details of the General Fund Operating Statement
through June 2016.
HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS
RELATING THERETO:
Street & Easement Vacation: Street Right -of -Way and Street Easement
between Rd 92 and Rd 96 (MF# VAC 2016-007)
Council and staff discussed the details of the proposed vacation.
Mayor Watkins declared the Public Hearing reopened to consider the proposed
vacation.
Tom Kidwell, 4320 Riverhaven, requested this item be postponed 2 weeks.
MOTION: Ms. Francik moved to continue the Public Hearing to August 1. Mr.
Yenney seconded. Motion carried 3-1. No - Watkins
ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS:
Impact Fee Deferral System
Mr. White explained the details of the proposed ordinance.
MOTION: Ms. Francik moved to adopt Ordinance No. 4307, providing for the
deferral of impact fees; amending Section 3.07.100 "Planning Permits";
Enacting Section 3.132.035 "Definitions"; Amending Section 3.132.060 "Time
of Payment of Impact Fee"; and Repealing Section 3.133.040 "School Impact
Deferral Option" and, further, authorize publication by summary only. Mr.
Yenney seconded. Motion carried unanimously.
MISCELLANEOUS DISCUSSION:
Mr. Zabell noted a ceremony recognizing the Public Works and Parks crews
who worked on the Downtown Tree Safety Project will be held in Peanuts Park
on Friday, July 22 at 10:45 a.m. He also noted a Council representative is
needed for the Architectural Committee reviewing the CBC Student Housing
plans.
Page 2 of 3 Page 7 of 147
MINUTES
REGULAR MEETING PASCO CITY COUNCIL JULY 18, 2016
EXECUTIVE SESSION:
Council adjourned to Executive Session at 7:49 p.m. for approximately 45
minutes to establish sales price or lease amount of real estate, discuss litigation
or potential litigation and discuss collective bargaining strategies with the City
Manager, Deputy City Manager and City Attorney.
Mayor Watkins called the meeting back to order at 8:35 p.m.
ADJOURNMENT:
There being no further business, the meeting was adjourned at 8:35 p.m.
APPROVED:
Matt Watkins, Mayor
ATTEST:
Debra Clark, City Clerk
PASSED and APPROVED this 1st day of August, 2016
Page 3 of 3 Page 8 of 147
AGENDA REPORT
FOR: City Council
July 28, 2016
TO: Dave Zabell, City Manager Regular Meeting: 8/1/16
FROM: Richa Sigdel, Director
Finance
SUBJECT: Bills and Communications
I. REFERENCE(S):
Accounts Payable 08.01.16
Bad Debt Write -Off Collection 06.30.16
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve claims in the total amount of $2,683,685.95 ($1,755,801.57 in Check Nos.
210979-211230; $926,944.91 in Electronic Transfer Nos. 811240-811327, 811337-
811338, 811342-811485, 811487-811672; $63,295.77 in Check Nos. 49487-49565;
$623,541.24 in Electronic Transfer Nos. 30096759-30097259; $2,000.00 in Electronic
Transfer No. 280).
To approve bad debt write-off for Utility Billing, Ambulance, Cemetery, General
Accounts, Miscellaneous Accounts, and Municipal Court (non -criminal, criminal, and
parking) accounts receivable in the total amount of $222,808.74 and, of that amount,
authorize $150,578.57 be turned over for collection.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
Page 9 of 147
CITY OF PASCO
Council Meeting of: August 1, 2016
Accounts Payable Approved
The City Council
City of Pasco, Franklin County, Washington
We, the undersigned, do hereby certify under penalty of perjury the materials have been furnished, the services rendered or the labor performed as
described herein and the claim is a just, due and unpaid obligation against the city and we are authorized to authenticate and certify to such claim.
Dave Zabell, City Manager
Rick Terway, A&CS Director
We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this
1 st day of Auoust, 2016 that the merchandise or services hereinafter specified have been received and are approved for payment:
Councilmember
Gen'I Bank Electronic Bank
280
$2,000.00 $0.00
SUMMARY OF CLAIMS BY FUND:
GENERALFUND
STREET
ARTERIAL STREET
STREET OVERLAY
C.D. BLOCK GRANT
HOME CONSORTIUM GRANT
NSP GRANT
MARTIN LUTHER KING COMMUNITY CENTER
AMBULANCE SERVICE
CEMETERY
ATHLETIC PROGRAMS
GOLF COURSE
SENIOR CENTER OPERATING
MULTI -MODAL FACILITY
SCHOOL IMPACT FEES
RIVERSHORE TRAIL & MARINA MAIN
SPECIAL ASSESSMENT LODGING
LITTER ABATEMENT
REVOLVING ABATEMENT
TRAC DEVELOPMENT & OPERATING
PARKS
ECONOMIC DEVELOPMENT
STADIUM/CONVENTION CENTER
LID
GENERAL CAP PROJECT CONSTRUCTION
UTILITY, WATER/SEWER
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:
Combined
Total Checks $ 1,819,097.34
Total EFTs $ 1,552,486.15
Grand Total $ 3,371,583.49
Councilmember
483,807.78
76,096.17
0.00
0.00
7,988.05
31,563.83
29.23
1,975.58
42,225.19
15,582.95
2,689.69
69,632.45
3,798.76
5,028.36
0.00
503.66
0.00
0.00
27,249.00
23,910.11
0.00
36,959.42
10,671.41
0.00
251,298.81
855,391.06
4,008.31
0.00
110.45
0.00
68,331.96
3,574.25
1,349,157.01
$ 3,371,583.49
Page 10 of 147
Claims Bank
Payroll Bank
Check Numbers
210979-211230
49487-49565
Total Check Amount
$1,755,801.57
$63,295.77
Electronic Transfer Numbers
811240-811327
30096759-30097259
811337-811338
811342-811485
811487-811672
Total EFT Amount
$926,944.91
$623,541.24
Councilmember
Gen'I Bank Electronic Bank
280
$2,000.00 $0.00
SUMMARY OF CLAIMS BY FUND:
GENERALFUND
STREET
ARTERIAL STREET
STREET OVERLAY
C.D. BLOCK GRANT
HOME CONSORTIUM GRANT
NSP GRANT
MARTIN LUTHER KING COMMUNITY CENTER
AMBULANCE SERVICE
CEMETERY
ATHLETIC PROGRAMS
GOLF COURSE
SENIOR CENTER OPERATING
MULTI -MODAL FACILITY
SCHOOL IMPACT FEES
RIVERSHORE TRAIL & MARINA MAIN
SPECIAL ASSESSMENT LODGING
LITTER ABATEMENT
REVOLVING ABATEMENT
TRAC DEVELOPMENT & OPERATING
PARKS
ECONOMIC DEVELOPMENT
STADIUM/CONVENTION CENTER
LID
GENERAL CAP PROJECT CONSTRUCTION
UTILITY, WATER/SEWER
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:
Combined
Total Checks $ 1,819,097.34
Total EFTs $ 1,552,486.15
Grand Total $ 3,371,583.49
Councilmember
483,807.78
76,096.17
0.00
0.00
7,988.05
31,563.83
29.23
1,975.58
42,225.19
15,582.95
2,689.69
69,632.45
3,798.76
5,028.36
0.00
503.66
0.00
0.00
27,249.00
23,910.11
0.00
36,959.42
10,671.41
0.00
251,298.81
855,391.06
4,008.31
0.00
110.45
0.00
68,331.96
3,574.25
1,349,157.01
$ 3,371,583.49
Page 10 of 147
BAD DEBT WRITE-OFF/COLLECTION
June 1 -June 30. 2016
1. UTILITY BILLING - These are all inactive accounts, 60 days or older. Direct write-off are
under $10 with no current forwarding address, or are accounts in "occupant" status. Accounts
submitted for collection exceed $10.00.
2. AMBULANCE - These are all delinquent accounts over 90 days past due or statements are
returned with no forwarding address. Those submitted for collection exceed $10.00. Direct
write off including DSHS and Medicare customers; the law requires that the City accept
assignment in these cases.
3. COURT ACCOUNTS RECEIVABLE - These are all delinquent non -criminal and criminal
fines, and parking violations over 30 days past due.
4. CODE ENFORCEMENT — LIENS - These are Code Enforcement violation penalties which
are either un -collectable or have been assigned for collections because the property owner
has not complied or paid the fine. There are still liens in place on these amounts which will
continue to be in effect until the property is brought into compliance and the debt associated
with these liens are paid.
5. CEMETERY - These are delinquent accounts over 120 days past due or statements are
returned with no forwarding address. Those submitted for collection exceed $10.00.
6. GENERAL - These are delinquent accounts over 120 days past due or statements are
returned with no forwarding address. Those submitted for collection exceed $10.00.
7. MISCELLANEOUS - These are delinquent accounts over 120 days past due or statements
are returned with no forwarding address. Those submitted for collection exceed $10.00.
Page 11 of 147
Direct
Referred to
Total
Write-off
Collection
Write-off
Utility Billing
$
25.30
.00
25.30
Ambulance
$
69,994.88
13,183.42
83,178.30
Court A/R
$
.00
127,024.00
127,024.00
Code Enforcement
$
1,985.00
10,371.15
12,356.15
Cemetery
$
.00
0.00
.00
General
$
224.99
.00
224.99
Miscellaneous
$
.00
.00
.00
TOTAL:
$
72,230.17
150,578.57
222,808.74
Page 11 of 147
AGENDA REPORT
FOR: City Council
July 27, 2016
TO: Dave Zabell, City Manager Regular Meeting: 8/1/16
FROM: Bob Metzger, Police Chief
Police Department
SUBJECT: Interlocal Agreement for School Resource Officer Services
I. REFERENCE(S):
Proposed Interlocal Agreement
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve the two-year Interlocal Agreement with the Pasco
School District for school resource officer services and, further, authorize the City
Manager to execute the agreement.
III. FISCAL IMPACT:
2016-2017 City Funds: $356,161.00
2017-2018 City Funds: $363,744.00
Per the terms of the proposed agreement, the Pasco School District will reimburse
these costs.
IV. HISTORY AND FACTS BRIEF:
School Resource Officers (SRO) are full-time uniformed police officers primarily
dedicated to providing law enforcement resource services to assigned schools and
surrounding neighborhoods. SRO are assigned to work at their assigned school for
eight hours each scheduled school day. SRO are assigned to work normal patrol duties
when school is not in session.
The City and Pasco School District (PSD) have enjoyed a long-time partnership on
many issues impacting the community, including the housing of SRO at some of the
public schools through an Interlocal Agreement (ILA).
The previous ILA pertaining to SRO expired at the end of the most recent academic
year.
Page 12 of 147
V. DISCUSSION:
The Police department and PSD continue to see value in the program and desire to
continue the program. The proposed ILA provides five SRO, one each at McLoughlin
Middle School, Ochoa Middle School, Stevens Middle School, Pasco High School and
Chiawana High School. The addition of a fifth SRO is a result of adding McLoughlin
Middle School due to a recent annexation and has been contemplated within the 2016
budget.
The proposed ILA is a two-year agreement effective August 2016 through June 2018.
Similar to the terms of the previous ILA, the PSD would reimburse the City for the
salary and fringe benefits costs for five (5) officers at the top salary level for police
officer for 180 school days per year (8 hours per school day). The City would fund the
balance of salary and benefits of the officers for the remainder of the year, and all other
costs associated with their employment, including; overtime, equipment, training,
administrative and overhead costs.
Page 13 of 147
WHEN RECORDED RETURN TO:
City of Pasco, Washington
525 North 3rd
Pasco WA 99301
INTERLOCAL AGREEMENT
for
SCHOOL RESOURCE OFFICER
Between
PASCO DISTRICT NO. 1 and CITY OF PASCO, WASHINGTON
THIS INTERLOCAL AGREEMENT is made and entered into this day of
August, 2016, by and between the Pasco School District No. 1, hereinafter referred to as
"District", and the City of Pasco, Washington, a Municipal Corporation, hereinafter referred to as
"City.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
Parties agree as follows:
1. Purpose. It is the purpose of this Agreement to:
A. Enhance the safety and security of students, teachers, staff, and visitors
and provide patrol of the various campuses of the District located within the City of
Pasco, Washington.
B. Provide for the presence of armed and uniformed City Police Officers
both inside and outside the school buildings on selected campuses of the District
during certain school hours in support of such safety and security and the maintenance
of a secure and peaceful learning atmosphere.
C. Provide for prevention, intervention, and prompt effective enforcement
by the City's Police Department in situations involving, but not limited to:
1) Maintenance of order;
2) Use, possession, or sale of illegal drugs and alcohol on school
premises;
3) Crimes against persons;
4) Crimes against property; and
5) Any other situations or activities which require the intervention of law
enforcement officers.
Interlocal Agreement between Pasco School District No. 1 and the City of Pasco.
Page 1 of 9
Page 14 of 147
D. Provide for participation by police officers in the educational activities and
role modeling to foster and enhance knowledge of and respect for law enforcement and law
enforcement officers by students and the community.
E. Provide positive and supportive interface between law enforcement
representatives and the District's substance abuse, harassment and bullying prevention
efforts including, but not limited to Natural Helpers, Student Assistance Teams, and other
intervention and prevention efforts by the District.
2. Statement of Work. The City shall furnish the necessary personnel and
services and otherwise do all things necessary for and incidental to the performance of the
work stated herein. The City shall:
A. Station a full-time uniformed police officer ("School Resource
Officer" or "SRO") at each of the following schools during the 180 days when
school is in session during the months of August through June:
1) Pasco High School (8 hours/day).
2) Chiawana High School (8 hours/day).
3) Stevens Middle School (8 hours/day).
4) Ochoa Middle School (8 hours/day).
5) McLoughlin Middle School (8 hours/day)
Office space shall be provided as available at each school for the use of the
SRO. Such office shall be equipped with one office desk and chair, and one locking
cabinet. The City shall provide a lockable cabinet capable of securing police
department equipment when not in use by the officer. The SRO will remain an
employee of the City.
B. The SRO services are provided as in independent contractor and nothing
contained herein shall be deemed to make the SRO an employee of the District, nor to
empower the SRO to bind or obligate the District in any way. The City is solely
responsible for paying all of the SRO's wages and benefits, as well as directs the manner
or performances of such service under this Agreement.
C. Cooperate with the District to provide training and education to each
assigned officer to insure effective communication and interrelation with the school
community and its students.
Interlocal Agreement between Pasco School District No. I and the City of Pasco.
Page 2 of 9
Page 15 of 147
D. Cooperate with the District to monitor and evaluate the effectiveness of
the assigned officers and the program.
E. Meet as needed during the academic year with the District's
representative (as designated by the District) to evaluate the effectiveness of the
program;
F. Cooperate with the District's representative to investigate and report on
any complaints regarding the conduct of an assigned officer, share fully, as permitted
by law, with the District's representative all results of such investigations for the
purpose of responding to each complaint and cooperate to resolve each complaint.
Provided, that it shall be the responsibility of the District to respond to any complaint
the District received from a student, parent or patron of the District and communicate
the results of any investigation to such person or persons.
3. Terms and Conditions. All rights and obligations of the parties to this
Agreement shall be subject to and governed by the terms and conditions contained in the text
of this agreement.
4. Period of Performance. Subject to its other provisions, the period of
performance of this Agreement shall commence on August 1, 2016, and shall expire on the
30th day of June, 2018, unless terminated sooner as provided herein. The District's
representative shall provide the Chief of Police with a school -year calendar annually. The
principal of each building shall be responsible for notifying the Chief of the City's Police
Department of the school site calendar, schedule of events and activities, and any changes
in the same. The principal shall determine the specific hours when an officer shall be present
within the limits set forth in Section 2.A of this Agreement.
5. Selection and Transfer of School Resource Officers.
A. The Chief of Police or designee shall conduct an internal selection process
and provide the school principal of the school to which the officer will be assigned the
names of suitable qualified candidates. The principal and/or District representative shall
interview and select the SRO considering the following criteria:
1) Ability to deal effectively with students.
2) Ability to present a positive image and symbol of the entire police
agency and to foster a positive image of police officers among young people.
3) Sincere desire to work with the staff and students at a particular
school to which he/she is assigned.
4) Ability to provide quality educational services and/or resources in
Interlocal Agreement between Pasco School District No. 1 and the City of Pasco.
Page 3 of 9
Page 16 of 147
the area of law enforcement. The education, background, experience level, and
communication skills of the SRO must be of high caliber so he/she can effectively
provide resource teaching services when requested.
5) Ability and desire to work cooperatively with the principal and
school staff.
B. To transfer a SRO from his/her position at an assigned school, the
following procedures will apply:
1) The principal will recommend to the Superintendent or designee
that the SRO be removed from the program at the school, stating the reasons for
the recommendation in writing. Within a reasonable period of time after receiving
the written recommendation, the Superintendent or designee will meet with the
Chief of Police or designee to mediate or resolve any problem that may exist
between the SRO and the staff at the assigned school. With the agreement of the
Superintendent and Chief of Police or their designees, the SRO and specified
school staff may be required to be present at the resolution meeting. If, within a
reasonable period of time after the resolution meeting, the problem is not
resolved, in the opinion of both the Superintendent and the Chief of Police or their
designees, then the SRO will be removed from the program at the school and a
replacement will be selected as provided in this Agreement.
2) When the City elects to reassign an SRO to other duties for reasons
such as, but not limited to, transfer or promotional opportunities, discipline,
resignation/retirement, etc., adequate notice will be provided to the District and a
replacement will be selected as provided in this agreement.
3) The City and the District will schedule regular meetings with their
representatives to review the SRO program and address any issues or concerns.
6. Payment.
A. The District shall reimburse the City for its actual costs of employment of
the SRO, and shall be that amount determined by negotiated wage agreements between the
City and the Police Officer's Collective Bargaining Unit.
1) For the period of August 1, 2016, through June 30, 2017, the District
shall reimburse the City for the salary and benefit expenses to employ the five
assigned officers for 180 days, or 7,200 hours for an estimated amount of $356,616;
and
2) For the period commencing on August 1, 2017, through June 30,
2018, the District shall reimburse the City for the salary and benefit expenses to
Interlocal Agreement between Pasco School District No. 1 and the City of Pasco.
Page 4 of 9
Page 17 of 147
employing the five officers for 180 days, or 7,200 hours for an estimated amount of
$363,744.
B. Actual amounts are to be determined by the parties based upon any
negotiated wage increase between the City and the police officer's collective bargaining
unit and the officers assigned. The City and the District will share equally the cost of any
training received by the officer that is specific to school resource officer services.
C. Due to early release days and other regularly scheduled non -school days
when an officer's presence is not required for a full eight (8) hours, in consideration for
compensation as stated in section 4 above, the City agrees to provide officers during the
school year for activities outside of the regularly scheduled school assignment. Requests for
an officer's presence at school activities outside of the officer's regularly scheduled school
assignment during the school year will be compensated separately at the estimated rate of
$49.5 3 per hour for 2016, $ 5 0.5 2 per hour for 2017, and $ 5 1.5 1 per hour for 2018.
7. Billing Procedure. The City shall submit a monthly invoice or billing statement to
the District. Payment shall be made to the City according to the regular procedures of the District.
S. Non-discrimination. In the performance of this agreement, the District and the
City shall comply with the provisions of Title VI of the Civil Rights Act of 1964 (42 USC
200d), Section 504 of the Rehabilitation Act of 1973 (29 USC 7904) and Chapter 49.60
RCW, as now and hereafter amended. Both shall not, except as they may be specifically
allowed by laws to do so, discriminate on the basis of race, color, national origin, sex, sexual
orientation, religion, marital status, age, creed, Vietnam -Era and Disabled Veterans status, or
the presence of any sensor, mental, or physical handicap.
In the event of non-compliance by either party or refusal to comply with the above
provisions this agreement may be rescinded, canceled, or terminated in whole or in part. The
non -complying party shall, however, be given a reasonable time in which to cure this non-
compliance. Any dispute may be resolved in accordance with the "Disputes" procedure set forth
herein.
9. Records Maintenance. The City shall maintain books, records, documents and
other evidence that sufficiently and effectively reflect all direct and indirect costs expended in the
performance of the services described herein for which they will seek reimbursement from the
District. These records shall be subject to inspection, review or audit by the personnel of both
parties, other personnel authorized by either parry, the Office of the State Auditor and federal
officers, if any, so authorized by law. The City and District shall retain all books, records,
documents, and other materials relevant to this agreement for five (5) years after
expiration. The office of the State Auditor, federal auditors, and any persons authorized
by the parties shall have full access and the right to examine any of these materials
during this five-year period.
Interlocal Agreement between Pasco School District No. 1 and the City of Pasco.
Page 5 of 9
Page 18 of 147
10. Responsibilities and Authority of School Administrator. The principal
or other administrator designated by the District is responsible for the supervision and
daily operations of the school shall, subject to the lawful exercise of the officer's law
enforcement responsibilities, schedule, assign and direct the officer's duties under this
agreement.
The principal is responsible for the investigation of non -criminal incidents that
occur at or are related to the school. Ifthe principal finds that he or she or any individual
is in physical danger, the principal may request the law enforcement officer to assist him or
her.
In the case of a search of student property for the violation of District rules or
other administrative reasons, the school principal or designated administrator or District
employee will conduct the search. Once the principal has reason to believe that a crime
has been or may be committed, the principal or other designated administrator shall
request the law enforcement officer to assume responsibility.
To the extent such action does not preclude the officer from executing his/her legal
obligations or jeopardize an ongoing criminal investigation, the building administrator shall
have the responsibility to contact and report to parents and patrons regarding activities
and findings of the law enforcement officer, where appropriate.
11. Indemnification. Each party shall defend, protect and hold harmless the
other parry from and against all claims, suits and/or actions arising from any negligent or
intentional act or omission of that party's employees or agents while performing under this
Agreement.
12. Agreement Alterations and Amendments. The District and the City may
mutually amend this agreement. Such amendments shall not be binding unless they are in
writing and signed by the personnel authorized to bind the District and the City.
13. Termination. Except as otherwise provided for in this agreement, either
party may terminate this agreement by providing sixty (60) days advance written
notification to the other party of their intent to terminate the agreement. If this agreement
is so terminated, the terminating party shall be liable only for performance, in accordance
with the terms of this agreement for performance rendered prior to the effective date of
termination.
In the event of an unforeseen and dramatic change of conditions which causes the District to
exhaust its budgeted funds, PSD can immediately terminate this agreement.
14. Interlocal Agreement Provision. This Agreement is entered into pursuant to
RCW 39.34.
Interlocal Agreement between Pasco School District No. I and the City of Pasco.
Page 6 of 9
Page 19 of 147
No special budget or funds are anticipated, nor shall be created. It is not intended that a
separate legal entity be established to conduct this cooperative undertaking, nor is the acquiring,
holding, or disposing of real or personal property other than as specifically provided within the
terms of this Agreement, anticipated. The Chief of Police of the City of Pasco, Washington, shall
be designated as the Administrator of this Interlocal Agreement.
This Agreement shall be filed with the Franklin County Auditor, or alternatively listed by
subject on either parties' website or other electronically retrievable public source.
15. Savings. Should any portion of this agreement be declared illegal, the
balance of the agreement shall remain in full force and effect to carry out the purposes of
this agreement.
16. Disputes. In the event that a dispute arises under this agreement, it shall be
resolved in the following manner: The Director of Educational Services of the District
shall appoint a member to the Dispute Board. The Pasco Chief of Police shall appoint a
member to the Dispute Board. The Director of Educational Services and the Pasco Chief
of Police shall jointly appoint a third member to the Dispute Board. That person shall
act as chairperson, convene the Dispute Board and cause a determination of the dispute,
arrived at by a majority of the Board, to be rendered in a timely manner. In the event the
parties are unable to agree on a third member of the Dispute Board, that member shall be
selected pursuant to RCW 7.04A by a Franklin County Superior Court Judge. The
determination of the Dispute Board shall be final and binding on the District and the
City.
17. Notices. Any notices required herein or related hereto shall be delivered in
writing to the District at:
Pasco School District No. I
Attn.: Superintendent
1215 West Lewis Street
Pasco, WA 99301
And to the City at:
Chief of Police
Pasco Police Department
525 North 3rd Avenue
Pasco, WA 99301
18. All Writings Contained Herein. This Agreement contains all the terms and
conditions agreed to by the parties. No understandings, oral or otherwise, regarding the subject
matter of this agreement shall be deemed to exist or to bind any of the parties to this agreement.
Interlocal Agreement between Pasco School District No. I and the City of Pasco.
Page 7 of 9
Page 20 of 147
IN WITNESS WHEREOF, the parties have executed this agreement effective this
day of 2016.
CITY OF PASCO, WASHINGTON
Dave Zabell, City Manager
Attest:
Debbie Clark, City Clerk
Approved as to Form:
Leland B. Kerr, City Attorney
STATE OF WASHINGTON)
ss.
County of Franklin )
PASCO SCHOOL DISTRICT NO. 1
Scott Lehrman, President
Board of Directors
Michelle Whitney, Superintendent
Approved as to Form:
Sara Thornton, General Counsel
On this day personally appeared before me Dave Zabell City Manager of the City of
Pasco, Washington, to be known to be the individual described in and who executed the within
and foregoing instrument, and acknowledged that he signed the same as his free and voluntary
act and deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this day of
2016.
NOTARY PUBLIC in and for the State of Washington
Residing at:
My Commission Expires:
STATE OF WASHINGTON)
ss.
County of Franklin )
On this day personally appeared before me Scott Lehrman, President, Board of Directors
of Pasco School District No. 1, to be known to be the individual described in and who executed
the within and foregoing instrument, and acknowledged that she signed the same as her free and
voluntary act and deed for the uses and purposes therein mentioned.
Interlocal Agreement between Pasco School District No. 1 and the City of Pasco.
Page 8 of 9
Page 21 of 147
GIVEN under my hand and official seal this day of , 2016.
NOTARY PUBLIC in and for the State of Washington
Residing at:
My Commission Expires:
Interlocal Agreement between Pasco School District No. 1 and the City of Pasco.
Page 9 of 9
Page 22 of 147
AGENDA REPORT
FOR: City Council
July 27, 2016
TO: Dave Zabell, City Manager Regular Meeting: 8/1/16
Rick White, Director
Community & Economic Development
FROM: Dave McDonald, City Planner
Community & Economic Development
SUBJECT: Final Plat: Ellie Ann Estates (MF# FP 2016-010)
I. REFERENCE(S):
Overview Map
Vicinity Map
Final Plat
IL ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve the Final Plat for Ellie Ann Estates.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
In February of this year, Council approved a preliminary plat for Ellie Ann Estates
(originally called Columbia Dunes). The developer is now seeking final plat approval.
Ellie Ann Estates is a single-family residential development located on Road 90 north
of Sandifur Parkway. The development contains 20 single-family lots with an average
lot size of 8,468 square feet.
V. DISCUSSION:
Prior to the approval of a final plat, the developer is to either install all infrastructure or
post a bond or other instrument that secures the financing for the infrastructure
improvements. In this case, the developer has completed the required improvements.
Page 23 of 147
The final plat shows and contains information on primary control points, tract
boundaries, dimensions, bearings, lot numbers and other necessary survey data. In
addition, the plat contains the required descriptions, dedication and acknowledgment
and approval sections.
Page 24 of 147
30' 1 30'
30' 1 30'
WILSHIRE DRIVE
69.47'
LOT 5,
COLE'S ESTATES
62.00' 1 62.00' 1 62.00'
bol 3
i
3
;
3
;
o
oil LOT 1
LOT 2 p
00 LOT 3 0
on LOT 4 0
00 LOT 5
n' L 0 T 6 p
00 LOT 7
9,129 SF o
'nl 8,277 SF o
n 8,277 SF o
8,277 SF o
ri 8,277 SF o
„"�� 8,277 SF o
ri 8,277 SF
o
o
f o
,",�
o
M
o
o
M
z
z
z
z
z
z
_
N18'22'59"W
34.41
_
35.00
J
_
N18'04'41"E
I
C7
44.83
55.00
46'42'06"
N59'39'34"E
43.60
C8
54.93
55.00
57'13'05"
ow
52.67
C9
12.31
14.00
50'22'51"
N64'57'43"W
11,92
C10
22.16
Ci 54.06'
62.00'
62.00'
62.00'
62.00'
62.00'
62.00'
SophieRoe Ct
N89'50'51 "E
525.00'
62.00'
LOT 8
v 7,295 SF
M
M
w
W
o LOT 9
7,394 SF
LL2 \-Pl
SANDIFUR PARKWAY
LINE TABLE
I
I
I
I
I
I
FOUND 3/8"
LENGTH
REBAR IN
L1
CONCRETE
o
62.00'
ic
I
L3
e
o
�
L4
L1
C9
S60'051 41
50'22'51"
o
0
I
z
-
62.00'
LOT 110
62.00'
11,1061
SF
I
�
I
I
I
78.513'
43.60
N89'50'I51"E
SANDIFUR PARKWAY
LINE TABLE
LINE
LENGTH
DIRECTION
L1
2.30
o
L2
2.30
N89'50'51"E
L3
28.09
N59'46'56"E
L4
L1
C9
S60'051 41
50'22'51"
<y
I
53.03'
62.00'_
62.00'
62.00'
62.00'
62.00'
62.00'_
44.83
55.00
46'42'06"
N59'57'52"W
43.60
_
35.00
55.00
_
N18'22'59"W
34.41
_
35.00
55.00
_
N18'04'41"E
34.41
C7
44.83
55.00
46'42'06"
N59'39'34"E
43.60
C8
54.93
55.00
57'13'05"
568'22'51"E
52.67
C9
12.31
14.00
50'22'51"
N64'57'43"W
11,92
C10
22.16
14.00
90'40'28"
544'30'37"W
19.92
ow
111
LOT
3
3
3
3
3
?
11,5941 SF
LOT 20
p
n
LOT 19
yi
LOT 18
LOT 17
p
LOT 16
rn
N
LOT 15
p
LOT 14
i
'^ 8,823 SF
o
8,278 SF
p
n
8,278 SF
$
n 8,278 SIF
p
n
8,278 SF
o
,",�
8,278 SIF
p
n
8,278 SF
p
M
LOT 13
0
LOT 12 0
1
o'
o
„'"�
�
0
o
o
0-
0
0
7,296 SF
m
6 7,395 SF °io ,o
l
0
z
0
z
0
z
0
z
0
z
0
z
0
z
0
o_
o oo
I
z
Z
I
I
65.62'
62.00'
62.00'
62.00'
62.00'
62.00'
62.00'
62.00'
62.00'
I
67.96'
SANDIFUR PARKWAY
LINE TABLE
LINE
LENGTH
DIRECTION
L1
2.30
N89'50'51"E
L2
2.30
N89'50'51"E
L3
28.09
N59'46'56"E
L4
28.09
S60'051 41
LOT 7,
COLE'S ESTATES
CURVE TABLE
CURVE
LENGTH
RADIUS
A
CH DIREC.
CHORD
C1
21.83
14.00
89'19'32"
545'29'23"E
19.68
C2
12.31
14.00
50'22'51"
N64'39'25"E
11.92
C3
54.93
55.00
57'13'05"
568'04'33"W
52.67
C4
44.83
55.00
46'42'06"
N59'57'52"W
43.60
C5
35.00
55.00
36'27'39"
N18'22'59"W
34.41
C6
35.00
55.00
36°27'39"
N18'04'41"E
34.41
C7
44.83
55.00
46'42'06"
N59'39'34"E
43.60
C8
54.93
55.00
57'13'05"
568'22'51"E
52.67
C9
12.31
14.00
50'22'51"
N64'57'43"W
11,92
C10
22.16
14.00
90'40'28"
544'30'37"W
19.92
LOT 77
tiQ
2
LOT 78
LOT 79
- 30' ROAD ESMT
PER PLAT
(TO BE VACATED)
LOT 80
LOT 81
LOT 82
N
i
4
FOUND 5/8" REBAR
UNDER CONC.
0
1;uo-so,
FOUND 5/8" REBAR
MARKED "DENNY"
SURVEYOR'S CERTIFICATE:
I, AARON. A DYCK, A LICENSED LAND SURVEYOR IN THE STATE OF
WASHINGTON, HEREBY CERTIFY THAT THE PLAT OF "EIIieAnn Estotes", AS
SHOWN HEREON, IS BASED ON AN ACTUAL FIELD SURVEY OF THE LAND
DESCRIBED, AND THAT ALL COURSES AND DISTANCES ARE CORRECTLY
SHOWN, AND THAT SAID PLAT IS STAKED ON THE GROUND AS INDICATED
HEREON,
AARON A. DYCK LS38021 DATE
THE FINAL PLAT OF
EllieAnn Estates
S.W. 1/4 OF THE N.E. 1/4 OF SEC. 08, T,09N., R.29E., W.M.,
CITY OF PASCO,
FRANKLIN COUNTY, WASHINGTON
PACKARD DRIVE
VICINITY SKETCH
NOT TO SCALE
INDEX
328.6553 328.6556 634.2977 634.2949
SCALE 1" = 40'
0 40 80 120
BASIS OF BEARING
BROADMOOR ESTATES PHASE 4
EQUIPMENT USED
A THREE -SECOND TOTAL STATION
SPECTRA PRECISION RTK GPS
LEGEND
0 = SET 5/8" REBAR W/ ORANGE PLASTIC CAP
MARKED "STRATTON AAD 38021"
• = FOUND AS INDICATED
® = SET CASED BRASS CAP MARKED "38021"
9 = FOUND AS INDICATED
B.O.B. = BASIS OF BEARING
PLAT CLOSURE
BEARING
DISTANCE
NORTH
SOUTH
EAST
WEST
589'50'58"W
627.47
0.0000
1.6496
0.0000
627.4678
S00'49'37"E
327.04
0.0000
327.0059
4.7200
0.0000
N89'50'51 "E
629.58
1.6765
0.0000
629.5778
0.0000
NO1'11'46"W
327.05
326.9787
0.0000
0.0000
6.8270
INDEX
328.6553 328.6556 634.2977 634.2949
SCALE 1" = 40'
0 40 80 120
BASIS OF BEARING
BROADMOOR ESTATES PHASE 4
EQUIPMENT USED
A THREE -SECOND TOTAL STATION
SPECTRA PRECISION RTK GPS
LEGEND
0 = SET 5/8" REBAR W/ ORANGE PLASTIC CAP
MARKED "STRATTON AAD 38021"
• = FOUND AS INDICATED
® = SET CASED BRASS CAP MARKED "38021"
9 = FOUND AS INDICATED
B.O.B. = BASIS OF BEARING
DESCRIPTION
LOT 6 OF THE PLAT OF COLE'S ESTATES RECORDED IN VOLUME D OF PLATS AT PAGE
24, RECORDS OF FRANKLIN COUNTY, WASHINGTON.
TOGETHER WITH AND SUBJECT TO EASEMENTS, RESERVATIONS, COVENANTS AND
RESTRICTIONS, OF RECORD AND IN VIEW.
WE, THE UNDERSIGNED, HEREBY CERTIFY THAT WE ARE THE OWNERS OF THE TRACT OF
LAND DESCRIBED HEREON AND THAT WE HAVE CAUSED SAID LAND TO BE SURVEYED
AND PLATTED INTO LOTS AS SHOWN HEREON AND THAT ALL STREETS, ROAD
RIGHTS—OF—WAY AND UTILITY EASEMENTS SHOWN HEREON ARE HEREBY DEDICATED TO
THE PUBLIC AND THAT THIS SUBDIVISION SHALL HEREAFTER BE KNOWN AND DESIGNATED
BY THE NAME "EllieAnn Estates'.
TOPSHELF DEVELOPMENT, LLC
SIGNED
TITLE
ACKNOWLEDGMENT
STATE OF
COUNTY OF
DATE
I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT
IS THE PERSON WHO APPEARED BEFORE ME, AND SAID PERSON
ACKNOWLEDGED THAT (HE/SHE) SIGNED THIS INSTRUMENT, ON OATH STATED
THAT (HE/SHE) WAS AUTHORIZED TO EXECUTE THE INSTRUMENT AND
ACKNOWLEDGED IT AS THE
OF TO BE THE FREE
AND VOLUNTARY ACT OF SUCH PARTY FOR THE USES AND PURPOSES
MENTIONED IN THE INSTRUMENT.
DATED:
NOTARY PUBLIC
MY APPOINTMENT EXPIRES
NOTARY STAMP
BLACK INK ONLY
J
THE FINAL PLAT OF
EllieAnn Estates
S.W. 1/4 OF THE N.E. 1/4 OF SEC. 08, T.09N., R,29E., W.M.,
CITY OF PASCO,
FRANKLIN COUNTY, WASHINGTON
NOTES
1. ADDRESSES WILL BE DETERMINED BY CITY WHEN BUILDING PERMITS ARE ISSUED.
2. THE INDIVIDUAL OR COMPANY MAKING IMPROVEMENTS ON A LOT OR LOTS OF THIS PLAT IS
RESPONSIBLE FOR PROVIDING AND INSTALLING ALL TRENCH, CONDUIT, PRIMARY VAULTS, SECONDARY
JUNCTION BOXES, AND BACKFILL FOR THE PUD'S PRIMARY AND SECONDARY DISTRIBUTION SYSTEM IN
ACCORDANCE WITH PUD SPECIFICATIONS; SAID INDIVIDUAL OR COMPANY WILL MAKE FULL ADVANCE
PAYMENT OF LINE EXTENSION FEES AND WILL PROVIDE ALL NECESSARY UTILITY EASEMENTS PRIOR TO
PUD CONSTRUCTION AND/OR CONNECTION OF ANY ELECTRICAL SERVICE TO OR WITHIN THE PLAT.
APPROVALS
THE ANNEXED PLAT IS HEREBY APPROVED BY AND FOR THE CITY OF
PASCO, STATE OF WASHINGTON.
PASCO CITY ENGINEER
MAYOR, CITY OF PASCO DATE
CLERK, CITY OF PASCO
DATE
PLANNING COMMISSION CHAIRMAN DATE
FRANKLIN COUNTY PUBLIC UTILITY DISTRICT DATE
TREASURER'S CERTIFICATE
I HEREBY CERTIFY THAT THE TAXES ON THE LAND DESCRIBED HEREON HAVE BEEN PAID
TO AND INCLUDING THE YEAR--------, A.D. (PARCEL NO.115391023)
FRANKLIN COUNTY TREASURER DATE
ATTEST:
FRANKLIN COUNTY ASSESSOR DATE
AGENDA REPORT
FOR: City Council
July 26, 2016
TO: Dave Zabell, City Manager Regular Meeting: 8/1/16
Ahmad Qayoumi, Public Works Director
FROM: Dan Ford, City Engineer
Public Works
SUBJECT: Final Acceptance: Wastewater Treatment Plant Safety Improvements Project
I. REFERENCE(S):
Vicinity Map
Resolution
Project Photos
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. , accepting work performed
by Culbert Construction, under contract for the Wastewater Treatment Plant Safety
Improvements Project.
III. FISCAL IMPACT:
Utility Fund (Sewer) - $119,236.74
Total Project Budget - $205,000
Total Project Cost - $169,000
Remaining funds - $36,000
IV. HISTORY AND FACTS BRIEF:
On February 1, 2016, Council awarded the Wastewater Treatment Plant Safety
Improvements project to Culbert Construction, Inc. for $115,022.41.
V. DISCUSSION:
Several needed improvements were identified during safety inspections for potential
hazards in and around several Wastewater Treatment Plant (WWTP) buildings and
various lift stations that City personnel operate and maintain. This project addresses
Page 29 of 147
those concerns.
Due to budgetary considerations the bid was broken into a base bid, which focused on
safety improvement at the primary WWTP facility, and alternate locations, which,
depending on bid price, could be awarded for completion as well. The alternate
locations are as follows:
Bid Alternate #1: Solids Thickening Building (WWTP)
Bid Alternate #2: Aeration Basin Fall Protection Anchor Sleeves (WWTP)
Bid Alternate #3: 9th and Washington Lift Station (815 W. Washington Street)
Bid Alternate #4: Northwest Commons Lift Station (5815 Nauvoo Lane)
Bid Alternate #5: Commercial/Kahlotus Lift Station (801 N. Commercial Avenue)
These concerns were shared with and confirmed by the City's Safety Specialist, as well
as Public Works management. The final result is this safety project, which involves the
installation of needed safety railing, stairs, ladders, and fall arrest equipment at the
Wastewater Treatment Plant and the three lift stations listed. These improvements will
help to address and meet the requirements of the Occupational Safety and Health
Administration (OSHA).
Project locations are shown in the attached Vicinity Map.
The final project construction contract totaled $119,236.74, an overage of $4,214.33,
approximately 3.5%. The overage was due to a single change order to install Floor
Mount fall protection sleeves, called out on the plans in three locations, in place of the
Core Mount fall protection sleeves listed on the bid sheet.
The work is now complete and meets project specifications. Staff recommends City
Council's acceptance of this work.
This item was discussed at the July 25, 2016 Council Workshop.
Page 30 of 147
RESOLUTION NO.
A RESOLUTION ACCEPTING WORK PERFORMED BY CULBERT
CONSTRUCTION, UNDER CONTRACT FOR THE WWTP SAFETY IMPROVEMENTS
PROJECT.
WHEREAS, the work performed by Culbert Construction, under contract for the WWTP
Safety Improvements project has been examined by Engineering and has been found to be in
apparent compliance with the applicable project specifications and drawings, and
WHEREAS, it is Engineering's recommendation that the City of Pasco formally accept
the contractor's work and the project as complete; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, that the
City Council concurs with Engineering's recommendation and thereby accepts the work
performed by Culbert Construction, under contract for the WWTP Safety Improvements project,
as being completed in apparent conformance with the project specifications and drawings, and
Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington
State Department of Revenue of this acceptance, and
Be It Further Resolved, that the final payment of retainage being withheld pursuant to
applicable laws, regulations and administrative determination shall be released upon satisfaction
of same and verification thereof by the Public Works Director and Finance Manager.
PASSED by the City Council of the City of Pasco this day of August, 2016.
Matt Watkins
Mayor
ATTEST:
Debra L. Clark
City Clerk
APPROVED AS TO FORM:
Leland B. Kerr
City Attorney
Page 32 of 147
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Page 36 of 147
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AGENDA REPORT
FOR: City Council
TO: Dave Zabell, City Manager
FROM: Rick Terway, Director
Administrative & Community Services
SUBJECT: Yard and Business of the Month Awards
I. REFERENCE(S):
July 25, 2016
Regular Meeting: 8/1/16
IL ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Mayor Watkins to present Certificates of Appreciation for July 2016 "Yard of the
Month" and 'Business Appearance of the Month" to:
Celina & Jose Garcia Perez, 307 N. Charles St.
Rosalba Cuevas, 3521 W. Ella St.
Boyd & Diane Kostoff, 4 Iris Ct.
Lorrine Olson, 11009 W. Court St.
Musser Brothers Auctioneers & Farmers National Co., 3035 Rickenbacker Dr.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
Page 38 of 147
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Page 43 of 147
".Tlational5VigFct Out"
,4ugust 2, 2016
WHEREAS, the 33rd Annual National Night Out provides a unique opportunity for citizens of Pasco,
Washington to join forces with thousands of other communities across the country in promoting
cooperative, police/community crime prevention efforts; and
WHEREAS, National Night Out is designed to: heighten crime- and drug -prevention awareness;
generate support for and participation in local anti-crime efforts; and strengthen neighborhood spirit and
police/community partnerships, sending a message to criminals that neighborhoods are organized and
fighting back; and
WHEREAS, police/community partnerships, neighborhood safety, awareness and cooperation are
important themes of the Pasco Police Department and National Night Out; and
WHEREAS, it is essential that all citizens of our community be aware of the importance of crime
prevention programs and the impact that their participation can have on reducing crime, drugs and
violence in Pasco; and
WHEREAS, we recommit ourselves to safety and encourage members of the community to come
together, with the support of the Pasco Police Department, and form a Neighborhood Watch Program;
NOW, THEREFORE, I, Matt Watkins, Mayor of the City of Pasco, Washington, on behalf of the
entire City Council, do hereby proclaim August 2, 2016 as:
Xationaf�i'ht Out
and encourage all citizens to participate actively in events and programs organized to reduce crime and
increase crime prevention.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of
Pasco, State of Washington, to be affixed this 1 st day of August 2016.
�77CIAL SF
Matt Watkins, Mayor
oF PAsc� City of Pasco
■�HINGK0
Pana dd of 1 d
AGENDA REPORT
FOR: City Council July 25, 2016
TO: Dave Zabell, City Manager Regular Meeting: 8/1/16
Rick White, Director
Community & Economic Development
FROM: Dave McDonald, City Planner
Community & Economic Development
SUBJECT: Street & Easement Vacation: Street Right -of -Way and Street Easement between
Rd 92 and Rd 96 (MF# VAC 2016-007)
I. REFERENCE(S):
Overview Map
Vicinity Map
Proposed Ordiannce
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
CONTINUE PUBLIC HEARING
MOTION: I move to adopt Ordinance No. 4297, vacating right-of-way and easements
associated with the undeveloped portion of Franklin Road between Road 92 and Road
96, and, further, authorize publication by summary only.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
All but one property owner along the north side of Richardson Road between Road 92
and Road 96 and three additional property owners (one on Rd 92 and two on Rd 96)
signed a petition for the vacation of the undeveloped right-of-way and street
reservations and easements through their property.
As previously recommended, Council set June 20, 2016 as the as the date to consider
the proposed vacation. At the June 20, 2016 meeting this item was continued until the
July 18, 2016 meeting. This item was again continued to the August 1, 2016 meeting at
the request of Mr. Kidwell, one of the impacted property owners.
Page 45 of 147
The request for a continuance, as staff understands, was to allow Mr. Kidwell and a
neighbor, Mr. Kilgore, (2608 Rd 92) to work out details of a possible boundary line
adjustment between Mr. Kidwell's parcel and Mr. Kilgore's parcel. A surveyor has
been retained to complete a revised boundary survey but no application has been
submitted to the City for processing of the boundary line adjustment. However, the
private boundary line adjustment matter has no real impact on the proposed vacation
and the vacation has no impact on the boundary adjustment. One is not dependent
upon the other. The boundary line adjustment can be processed after the vacation is
completed.
V. DISCUSSION:
The properties involved in this vacation request were annexed to the City in 2015.
Prior to annexation the property owners were working with Franklin County to have
the easements and short section of right -of way vacated. Rather than scheduling a
hearing for a vacation on property that was soon to be in the City limits the property
owners were told by the County to wait until they were annexed to start the vacation
process. Now that the property is in the City the property owners want to move
forward with the vacation process. These properties were developed on approved
County short plats that contain easements reserved for future streets rather than
dedicated public right-of-way. The exception being the two houses on Road 96. They
are served by an 18 -foot wide driveway located within a 30 -foot right-of-way.
For many years the County approved short plats with reservations and easements for
future roads rather than requiring the dedication of right-of-way. These road easements
are almost never developed as public streets and are often ignored by the County when
building permits are issued. In this case two large shops, two large sheds and a well
have been located within the future road easements. Additionally the house at 2611
Road 96 was permitted by the County to be located 12 to 15 feet from the street right-
of-way in violation of County's 25 -foot front yard setback requirement.
The use of easements and road reservations for the establishment of public right-of-
way is cumbersome and problematic for the following reasons:
There is no definable process for converting a road reservation to a dedicated
public right-of-way.
There is no method of funding street improvements in road reservations.
Property owners have little incentive to dedicate their portion of road
reservations for public right-of-way.
Property owners will not support LID's to construct public streets through their
backyards.
The road reservations are easy to overlook and as a result structures are built on
them with and without permits.
Property owners may be reluctant to cooperate in converting the road
Page 46 of 147
reservations to public right-of-way when they have used the reservation areas
for gardens, play equipment, sheds shops and extra yard space for the last 25
years.
Another major issue with the road reservations in question is that fact that conversion
of the reservations to a public right-of-way and development of street improvements
would create double frontage lots. The seven lots on Richardson Road would have a
street along their front yard and rear yard. There really is no public purpose for these
lots to have double frontages. The subdivision regulations (PMC 26.16.050) state that
double frontage lots should be avoid. There are no utilities in the road reservations and
likely never will be. When the water system eventually gets developed in the area
looping can be achieved 600 feet to the north of Richardson Road where there is more
undeveloped property.
The hearing on this matter was continued to the July 18th meeting to allow staff and
property owners time to address access issues that may arise from the proposed
vacation. The two property owners fronting Road 92 have worked out a mutually
beneficial arrangement through a boundary line adjustment that addresses access
concerns off Road 92. The boundary line adjustment will allow enough property depth
north of 2608 Road 92 (Kilgore) for a road to be extend along the north line of Mr.
Kidwell's property thereby allow for the creation of several lots in the future with
access to Road 92. A surveyor is currently working on the boundary line adjustment.
The second concern involved access for 2611 Road 96 (Simonds) and 9417 Franklin
Road (Woodrich). Access to these properties is by way of a 18 -foot wide driveway
located within a 30 -foot wide right-of-way running along their southern boundary.
The proposal for the two properties off Road 96 is for the right-of-way to be vacated
with an access easement being retained for the benefit of the two lots plus a possible
third lot on Mr. Kidwell's property to the east. The existing two houses would continue
to be served by the existing 18 -foot wide driveway. This would address the problem of
the a well being located in the right-of-way and the problem of 2611 Road 96 violating
the front yard setback regulations.
The petition for the proposed vacation was submitted to the City prior to the adoption
of Ordinance 4290 that established new procedures for vacations.
Page 47 of 147
WHEN RECORDED PLEASE RETURN TO:
City of Pasco
Attn: City Planner
525 North 3rd
Pasco, WA 99301
ORDINANCE NO.
AN ORDINANCE VACATING RIGHT-OF-WAY AND EASEMENTS
ASSOCIATED WITH THE UNDEVELOPED PORTION OF FRANKLIN ROAD
BETWEEN ROAD 92 AND ROAD 96.
WHEREAS, a qualified petition has been submitted to the City Council of the City of
Pasco requesting vacation of certain public rights-of-way and easements within the City of
Pasco; and
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 easements; and
WHEREAS, all steps and procedures required by law to vacate said right-of-way have
been duly taken and performed; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. That the 30 -foot easement for future road across the northern 30 feet of Short
Plat 86-05, as depicted in Exhibit "1" be and the same is hereby vacated.
Section 2. That the 30 -foot easement for future road and the 8 foot utility easement
across the southern 38 feet of Short Plat 93-4, as depicted in Exhibit "1" be and the same is
hereby vacated.
Section 3. That the 30 -foot easement for future road across the northern 30 feet of Short
Plat 97-6 and Lot 1, Short Plat 80-13, as depicted in Exhibit "1" be and the same is hereby
vacated.
Section 4. That the 30 -foot public right-of-way across the southern 30 feet of Lot 1 and
2, Short Plat 2002-15, as depicted in Exhibit "1" be and the same is hereby vacated subject to an
1
Page 50 of 147
access easement being retained solely for ingress and egress benefiting said Lots 1 and 2 and the
westerly 150 feet of Lot 2, Short Plat 93-4.
Section 5. That a certified copy of this ordinance be recorded by the City Clerk of the
City of Pasco in and with the office of the Auditor of Franklin County, Washington.
Section 6. This ordinance shall take full force and effect five (5) days after approval, passage
and publication as required by law.
PASSED by the City Council of the City of Pasco, this 1St day of August, 2016.
Matt Watkins, Mayor
ATTEST:
APPROVED AS TO FORM:
Debra L. Clark, City Clerk Leland B. Kerr, City Attorney
2
Page 51 of 147
AGENDA REPORT
FOR: City Council
July 11, 2016
TO: Dave Zabell, City Manager Regular Meeting: 8/1/16
Ahmad Qayoumi, Public Works Director
FROM: Dan Ford, City Engineer
Public Works
SUBJECT: Ordinance modifying PMC 10.56 'Parking - Streets Restricted"
I. REFERENCE(S):
22nd Avenue - Engineering Report
22nd Avenue - Vicinity Map
E. Lewis Place - Engineering Report
E. Lewis Place - Vicinity Map
St. Helens Place - Engineering Report
St. Helens Place - Vicinity Map
Ordinance
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to adopt Ordinance No. amending the sections of
Parking — Streets Restricted, Section 10.56 of the Pasco Municipal Code; amending
Schedule III — Parking Prohibited at All Times on Certain Streets, Section 10.56.080 of
the Pasco Municipal Code; amending Schedule IV — Parking Prohibited During Certain
Hours on Certain Streets, Section 10.56.090 of the Pasco Municipal Code; amending
Schedule VI — Parking Time Limited on Certain Streets, Section 10.56.110 of the
Pasco Municipal Code and, further, authorize publication by summary only.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
This ordinance modifies parking restrictions within the City of Pasco. This has been
prepared in response to requests received by the Public Works Department regarding
three (3) locations.
Page 52 of 147
22nd Avenue
The Public Works Department recently received notification from Chief Metzger that
the Alderwood Police Mini -Station, located on 22nd Avenue, was going to be
reactivated. Chief Metzger has requested that the current "No Parking Zone" be
changed to a "2 -Hour Parking Zone" in order to allow the officers space to park.
E Lewis Place
The Public Works Department recently received notification that a fruit stand has
opened on the south side of E Lewis Place and increased parking on the north side of
the road presents a safety concern for pedestrians trying to cross the road. Police have
asked that parking on the north side be restricted to prevent conflict between
pedestrians and vehicles.
St. Helens Street
The Public Works Department recently received a request to restrict truck parking on
St. Helens Street between Railroad and Rainier Avenue.
V. DISCUSSION:
22nd Avenue
Engineering staff evaluated site conditions and an engineering report is attached.
Currently, parking is prohibited at all times.
Staff recommends that the parking be limited to 2 hours. This change will allow the
police to make use of the on -street parking as needed.
E Lewis Place
Engineering staff evaluated site conditions and an engineering report is attached.
Currently, parking is allowed.
Staff recommends that the parking be prohibited between the hours of 6 a.m. and 6
p.m. Saturday and Sunday.
St. Helens Street
Engineering staff evaluated site conditions and an engineering report is attached.
Currently, truck parking is limited to 2 hours.
Staff recommends prohibiting all parking on St. Helens Street, as well as various other
streets in the area.
The adjacent property owners have been contacted by letter sent via United States
Page 53 of 147
Postal Service and given the opportunity to comment on the change. Letters were
mailed July 14, 2016. We received confirmation from the property owners that the
letters have been received. The owners had no comment.
Changes to the Code
The proposed Ordinance, if approved, amends Section 10.56.080 (Schedule III,
Parking Prohibited at All Times on Certain Streets) of the Pasco Municipal Code to
revise the list of prohibited parking streets as follows:
Amend: Twenty Second Avenue — (west side) to 550 feet south of West Henry Place
except 70 feet in front of the Police Station at 828 N 22nd Ave
Add: Adams Street - Railroad Avenue to Rainier Avenue
Add: Baker Street - Railroad Avenue to Rainier Avenue
Add: Railroad Avenue - Adams Street to Baker Street
Add: Rainier Avenue - Adams Street to Baker Street
Add: St. Helens Streets - Railroad Avenue to Rainier Avenue
The proposed Ordinance, if approved, also amends Section 10.56.090 (Schedule IV,
Parking Prohibited During Certain Hours on Certain Streets) of the Pasco Municipal
Code to revise the list of parking prohibitions as follows:
Add: East Lewis Place (north side) from N Avery Avenue 700 feet to the east 6:00
a.m. to 6:00 p.m. Saturdays and Sundays
The proposed Ordinance, if approved, also amends Section 10.56.110 (Schedule VI,
Parking Time Limited on Certain Street) of the Pasco Municipal Code to revise the list
of prohibited parking streets as follows:
Add: 22nd Avenue — (west side) 70 feet in front of the Police Station at 828 N 22nd
Ave
This item was discussed at the July 11, 2016 Council Workshop.
Page 54 of 147
Memo
Public Works Department
Engineering Division
To: Ahmad Qayoumi, Public Works Director
From: Mary Heather Ames, PE, Senior Engineer
Date: June 29, 2016
Re: Amending Parking Restriction West Side of 22nd Avenue in Front of Police Mini Station
The Police Department has resumed use of their mini station on 22nd Avenue south of Henry. The
west side of 22nd Avenue is currently signed No Parking (Ord. 4014, 7/5/11).
City staff conducted a field review of existing conditions. Parking is heavily used on the east side of
22nd Avenue. The street width allows for two travel lanes and parallel parking on either side of the
street.
The restriction in 2011 referred to bus turning movements as a reason to restrict parking. Because
the 22nd Avenue Transit Center is located to the south of the Police mini station, City staff also
contacted Ben Franklin Transit. The Transit Center handles approximately 16 buses per hour
during the day. Approximately half of these buses exit to the north. This area does not have a
turning movement.
As stated earlier, 22nd Avenue's cross section allows for parking on both sides. However, it will
create the feeling of a restriction as it has not been in use for approximately five (5) years.
Parking restriction is recommended to be changed to 2 -Hour Parking.
Signage:
HR
PARKING
8:30 AM
TO 5:30 PM
• Page 1
Page 55 of 147
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Memo
Public Works Department
Engineering Division
To: Ahmad Qayoumi, Public Works Director
From: Mary Heather Ames, PE, Senior Engineer
Date: June 29, 2016
Re: Parking Restriction North Side of E. Lewis Place from N. Avery Avenue 700 Feet to the East
Public Works was contacted by the Police Department regarding parking on E. Lewis Place. A fruit
stand is operating on the south side of E. Lewis Place, just east of N. Avery Avenue. A large
number of motorists are parking on the north side of E. Lewis Place and walking across to the fruit
stand, creating a danger to pedestrians because of the high amount of traffic on Saturdays and
Sundays for the flea market.
City staff conducted a field review of existing conditions. The north shoulder of E. Lewis Place is
wide and has a shallow slope, making it conducive to parking. There is ample room to install signs
restricting parking.
Parking restriction is recommended for this location. Staff recommends using the same restrictions
as the restrictions further east on E. Lewis Place: Parking prohibited from 6:00 a.m. to 6:00 p.m.
Saturdays and Sundays.
Signage:
NO
PARKING
6AMTO6PM
SAT AND SUN
• Page 1
Page 57 of 147
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Memo
Public Works Department
Engineering Division
To: Ahmad Qayoumi, Public Works Director
From: Mary Heather Ames, PE, Senior Engineer
Date: June 29, 2016
Re: Parking Restriction Various Roads: Railroad Avenue, St. Helens Street, Baker Street, Adams
Street, and Rainier Avenue
Public Works was contacted with a concern regarding truck parking on St. Helens Street.
City staff conducted a field review of existing conditions. Properties adjacent to St. Helens Street
are largely undeveloped, as are the properties on adjacent streets. There is ample room to install
signs restricting parking.
Parking restriction is recommended for this location. Staff recommends restricting parking on St.
Helens Street from Railroad Avenue to Rainier Avenue, on Adams Street from Railroad Avenue to
Rainier Avenue, on Baker Street from Railroad Avenue to Rainier Avenue, on Rainier Avenue from
Adams Street to Baker Street, and on Railroad Avenue from Adams Street to Baker Street.
Signage:
ANY
TIME
• Page 1
Page 59 of 147
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-R-a i r c a d-Av e
ORDINANCE NO.
AN ORDINANCE amending the sections of Parking — Streets
Restricted, Section 10.56 of the Pasco Municipal Code;
amending Schedule III — Parking Prohibited at All Times on
Certain Streets, Section 10.56.080 of the Pasco Municipal
Code; amending Schedule IV — Parking Prohibited During
Certain Hours on Certain Streets, Section 10.56.090 of the
Pasco Municipal Code; amending Schedule VI — Parking Time
Limited on Certain Streets, Section 10.56.110 of the Pasco
Municipal Code.
WHEREAS, the Public Works Director has determined that it is necessary for public
safety to modify the restrictions of parking on certain streets; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. Section 10.56 "Sections" of the Pasco Municipal Code is amended to add the
underlined language and read as follows:
CHAPTER 10.56 PARKING - STREETS RESTRICTED
Sections:
10.56.010
APPLICATION OF CHAPTER.....................................................................
40
10.56.020
REGULATIONS NOT EXCLUSIVE............................................................
40
10.56.030
PARKING PROHIBITED AT ALL TIMES ON CERTAIN .........................
40
10.56.040
PARKING PROHIBITED DURING CERTAIN HOURS ON ......................
40
10.56.050
STOPPING, STANDING, OR PARKING PROHIBITED DURING ............
40
10.56.060
PARKING TIME LIMITED ON CERTAIN STREETS ................................
41
10.56.070
PARKING SIGNS REQUIRED.....................................................................
41
10.56.080
SCHEDULE III - PARKING PROHIBITED AT ALL TIMES ON ...............
41
10.56.090
SCHEDULE IV - PARKING PROHIBITED DURING CERTAIN ..............
45
10.56.110
SCHEDULE VI - PARKING TIME LIMITED ON CERTAIN .....................
45
10.56.111
RESERVED PARKING - OFFICIAL CITY VEHICLES ..............................
46
10.56.120
SCHEDULE VII - PARKING TIME LIMITED ON CERTAIN ....................
47
10.56.130
SCHEDULE VIII. - PARKING TIME LIMITED ON CERTAIN .................
47
10.56.140
PARKING TIME LIMITED ON CERTAIN STREETS - 15 .........................
47
Section 2. Section 10.56.080 of the Pasco Municipal Code is amended to add the
underlined language and read as follows:
10.56.080 SCHEDULE III - PARKING PROHIBITED AT ALL TIMES ON
CERTAINSTREETS. 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;
Page 61 of 147
"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;
Adams Street — Railroad Avenue to Rainier 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;
Baker Street — Railroad Avenue to Rainier Avenue;
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 Cresent 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;
Page 62 of 147
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 — west side from "A" Street to 150 feet north;
Manzanita Lane — east side from "A" Street to 220 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;
W. Pearl Street — both sides from N. 3rd Avenue west 200 feet;
Railroad Avenue — Adams Street to Baker Street;
Rainier Avenue — Adams Street to Baker 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 36 — east side from Court Street south 650 feet;
Road 44 — Burden Boulevard to Sandifur Boulevard;
Road 44 — Argent Road to Burden Boulevard
Road 52 — Burden Boulevard to Sandifur Boulevard;
Page 63 of 147
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;
St. Helens Street — Railroad Avenue to Rainier Avenue;
Sandifur Boulevard — Broadmoor Boulevard to Robert Wayne Drive;
Sandifur Boulevard — (north side) Robert Wayne Drive to Road 60;
Sandifur 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;
N. Third Avenue — Both sides from W. Pearl Street north 200 feet;
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 except 70
feet in front of the Police Station at 828 N 22nd Ave;
Twenty Eight Avenue — (west side) Lewis Street to Sylvester Street;
Washington Street — (south side) Nineth Avenue to Tenth Avenue;
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.
Page 64 of 147
Section 3. Section 10.56.090 of the Pasco Municipal Code is amended to add the
underlined language and read as follows:
10.56.090 SCHEDULE IV -PARKING PROHIBITED DURING CERTAIN HOURS
ON CERTAIN STREETS. In accordance with Section 10.56.040, and when signs are erected
giving notice thereof, no persons shall park a vehicle on the days or between the hours specified
herein on any street within the district or upon any of the streets or parts of streets as follows:
DISTRICT
3rd (Clark south to alley, west side)
Court Street (south side) 10th Avenue
to 14th Avenue
10th Avenue (Henry to Court, west side)
PROHIBITED
All times (except Sundays
and public holidays)
All times (except Sundays
and public holidays)
8 a.m. - 5 p.m. school days
18th Avenue from Park to Henry 8 a.m. - 5 p.m. (except Sundays and
public holidays)
10th Avenue (east side) for a distance of All times (except Sundays
125 feet south of the south curb line of and public holidays)
Brown Street
East Lewis Place (both sides) from 6:00 a.m. to 6:00 p.m.
its east terminus west 2,842 feet Saturdays and Sundays
East Lewis Place (north side) from 6:00 a.m. to 6:00 p.m.
N Avery Avenue 700 feet to the east Saturdays and SundaX
Section 4. Section 10.56.110 of the Pasco Municipal Code is amended to add the
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
22nd Avenue (west side
3rd Avenue
3rd Avenue (east side)
4th Avenue (west side)
4th Avenue (east side)
4th Avenue (west side only)
5th Avenue
32nd Place
From To
70 feet in front of 828 N 22nd Avenue
Columbia Street
Clark Street
Sylvester Street
Nixon Street
115 feet north of
Bonneville Street
Columbia Street
130 feet north of
Bonneville Street
Columbia Street
Octave Street
Margaret Street
Lewis Street
Clark Street
Octave Street N.
Termination
Page 65 of 147
Columbia Street
2nd Avenue
5th Avenue
Lewis Street
2nd Avenue
6th Avenue
Clark Street
2nd Avenue
5th Avenue
Clark Street, north side
5th Avenue
200 feet west of 5th
Avenue
Margaret Street
4th Avenue
5th Avenue
Margaret Street (south side)
btwn 5th & 6th Ave
westerly 100' from 5th Ave.
Marie Street
32nd Place
Road 34
Nixon Street (south side)
3rd Avenue
east 120' from 3rd Avenue
Octave Street
32nd Place
Road 34
Sylvester Street (north side)
4th Avenue
120 feet east of 4th Avenue
Washington (north side)
9th Avenue
10th 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.
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 1St day of August 2016.
Matt Watkins
Mayor
ATTEST:
Debra L. Clark
City Clerk
APPROVED AS TO FORM:
Leland B. Kerr
City Attorney
Page 66 of 147
AGENDA REPORT
FOR: City Council
July 26, 2016
TO: Dave Zabell, City Manager Regular Meeting: 8/1/16
Ahmad Qayoumi, Director, Public Works
FROM: Dan Ford, City Engineer
Public Works
SUBJECT: Adoption of Stormwater Management Manual for Eastern Washington
I. REFERENCE(S):
Ordinance
IL ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to adopt Ordinance No. , creating a New Section
13.60.120 "Stormwater and Drainage Improvement Standards"; Amending Section
13.60.130 "Stormwater Construction Permit Required"; Amending Section 13.60.140
"Prohibited Discharges"; and Amending Section 13.60.150 "Authorized Discharges"
and, further, authorize publication by summary only.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
It is now recognized that stormwater runoff plays many roles. Stormwater runoff can
introduce pollutants to rivers and groundwater and cause erosion and flooding,
resulting in property damage with potential liability for the City of Pasco (City).
However, stormwater is also an important resource critical to maintaining streamflows,
aquatic life, and recharge of groundwater. As a consequence, stormwater management
for a municipality has become more complex and includes many components, such as
maintaining the system of pipes, catch basins, and treatment devices; offering programs
to educate residents and businesses about reducing pollutants; creating ways to remove
pollutants; and doing a broad range of regulatory activities.
Stormwater is regulated by federal law through the Clean Water Act of 1972. The
National Pollutant Discharge Elimination System (NPDES) is the program that
addresses water pollution via discharge of pollutants from sources such as stormwater.
Page 67 of 147
In Washington State, the NPDES program is administered by the Department of
Ecology (Ecology) through authorization from the US Environmental Protection
Agency (EPA). The City's stormwater program is regulated via Ecology's Phase II
Eastern Washington Municipal Stormwater (NPDES Permit). The NPDES Permit
includes extensive requirements related to stormwater program management, system
design requirements, operations and maintenance (O&M), and more. In 2004, Ecology
created the Stormwater Management Manual for Eastern Washington (SWMMEW) to
provide guidance in stormwater design and management for eastern Washington. The
SWMMEW provides a commonly accepted set of technical standards, new design
information, and new approaches to stormwater management.
The City's Stormwater Management Utility, codified in Section 13.60 of the Pasco
Municipal Code (PMC), was created in 1999 "To promote the public health, safety and
welfare by promoting an approach to the management of surface and stormwater
problems created on city streets and deliveries to City owned stormwater facilities."
Over the years, the PMC has been updated as the dictates of the NPDES Permit have
changed with the realization of the importance of stormwater runoff and the advance of
mitigation technologies.
V. DISCUSSION:
The Ordinance amends Section 13.60 Stormwater Management Utility of the Pasco
Municipal Code. The proposed changes are necessary to comply with the requirements
set forth in the City's current NPDES Permit. The proposed Ordinance changes Section
13.60 as follows:
Add: Section 13.60.120 Stormwater and Drainage Improvement Standards and adopt
the Washington Department of Ecology Stormwater Management Manual for Eastern
Washington (SWMMEW).
Amend: Sections 13.60.130 Stormwater Construction Permit Required, 13.60.140
Prohibited Discharges, 13.60.150 Authorized Discharges to revise wording to better
align with the NPDES Permit language.
The Workshop Meeting on July 25, 2016 and this Regular Meeting provide public
participation opportunities regarding the proposed amendments to PMC 13.60. A
notification memo was sent out via email to local engineers, architects, and developers
and was also posted on the City's website and Facebook page. To date, the Public
Works Department has not received any comments either in opposition to or in support
of the proposed amendments.
This item was discussed at the July 25, 2016 Council Workshop.
Page 68 of 147
ORDINANCE NO.
AN ORDINANCE of the City of Pasco, Washington,
Creating a New Section 13.60.120 "Stormwater and Drainage
Improvement Standards"; Amending Section 13.60.130
"Stormwater Construction Permit Required"; Amending
Section 13.60.140 "Prohibited Discharges"; and Amending
Section 13.60.150 "Authorized Discharges"
WHEREAS, as a result of the Federal Clean Water Act, the National Pollutant Discharge
Elimination System (NPDES) permit program controls water pollution; and
WHEREAS, the City is required to comply with the Phase 11 NPDES rules as applicable
to Eastern Washington by the Washington State Department of Ecology's Stormwater
Management Manual for Eastern Washington; and
WHEREAS, for compliance with both Federal and State law, and to provide notices to
the citizens of the City of Pasco, of the application of the construction and maintenance standards
required by such guidelines, an Ordinance codifying its adoption is necessary. NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. That a new Section 13.60.120 entitled "Stormwater and Drainage
Improvement Standards" of the Pasco Municipal Code shall be and hereby is adopted and shall
read as follows:
13.60.120 STORMWATER AND DRAINAGE IMPROVEMENT STANDARDS.
A) All stormwater and drainage improvements shall be planned, designed, permitted,
constructed, and maintained in accordance with the requirements of the latest version of the
Washington Department of Ecology Stormwater Management Manual for Eastern Washington
(SWMMEW), which is hereby adopted by reference, including all State's amendments and
modifications thereto as adopted by the Washington State Department of Ecology as authorized
by RCW 35A.12.40. The Technical Requirements outlined in Appendix 1 of the Eastern
Washington Phase II Municipal Stormwater Permit shall apply to all new development and
redevelopment sites.
B) All new stormwater and drainage facilities shall be designed by a Professional
Engineer licensed in the State of Washington. Complete stormwater runoff and drainage
facilities sizing calculations shall be submitted to the Public Works Director for review,
comment, and utilization for the granting or denying of any permit.
C) All subsurface infiltration facilities used for the treatment and disposal of
stormwater shall meet the requirements of and be registered with the Washington State
Department of Ecology Underground Injection Control (UIC) program. The registration shall be
completed prior to project acceptance, approval, and the issuance of any Certificate of
Occupancy.
Ordinance - Stormwater and Drainage
Improvement Standards - I
Page 69 of 147
D) Storm runoff:
1) Occurring on all lots or division of land subject to development by the
construction of structures, improvements and the installation of impervious surfaces shall
be retained and disposed of on site with no storm runoff occurring thereon permitted to
enter the public right-of-way or public storm drainage system.
2) For new public streets shall be designed and constructed in accordance
with the Stormwater Management Manual to the point where the adjoining property
owner's responsibility for further extension begins.
3) All stormwater sewer designs for new public streets shall be based upon
an engineering analysis that takes into account total drainage areas, runoff rates, pipe and
inlet capacities, treatment capacity, and other factors pertinent to its design and operation.
E) The property owner upon which a stormwater and drainage facility is located shall
maintain all stormwater Best Management Practices (BMPs) for those facilities that are installed
upon private property.
Section 2. That Section 13.60.130 entitled "Storm Water Construction Permit
Required" of the Pasco Municipal Code shall be and hereby is amended and shall read as follow:
13.60.130 STORM WATER CONSTRUCTION PERMIT REQUIRED. eco
eenstrdetion of any strdetuFe, grading or- improvement upon real pr-apeAy leeated within any
er-itieal areas as designated in the City's Comprehensive hand Use Plan or- within 200 feet o
high watef mark of the Columbia River-, a Stefm Water- Plan shall be submitted and upon
approval, a Stefm Water- Constmetion PeEmit shall be issued upon parment of the Stefffl Wa
stpdetur-e, grading or- impr-ovemen4 upon real pr-opet4y not loeated within the er-itieal areas o r -
within 200 feet of the high watef mark ef the Columbia Ri t r-equife submissien of A
Stofm Water- Plan or- the issuanee of a Stofm Water- Gonstme�.-Aon -�,e-rmiit. unless r-equir-ed by the
throat of stofm wa4er- runoffA Storm Water Site Plan is required for any project subject to Core
Elements #2, #3, #4, #5, #6, or #8 per Chapter 2 of the SWMMEW. Upon approval of the Storm
Water Site Plan, a Storm Water Construction Permit shall be issued upon payment of the Storm
Water Construction Permit Fee as provided in the City Fee Summary Ordinance. (Ord. 3550 Sec.
1, 2002.)
Section 3. That Section 13.60.140 entitled "Prohibited Discharges" of the Pasco
Municipal Code shall be and hereby is amended and shall read as follows:
13.60.140 PROHIBITED DISCHARGES. Illicit discharges, as defined by the
Washington State Department of Ecology, are not allowed into aM pie storm drain systems.
(Ord. 3935, 2009.)
Section 4. That Section 13.60.150 entitled "Authorized Discharges" of the Pasco
Municipal Code shall be and hereby is amended and shall read as follows:
Ordinance - Stormwater and Drainage
Improvement Standards - 2
Page 70 of 147
13.60.150 AUTHORIZED DISCHARGES. Discharges to the public stormwater
system from the following sources shall be authorized, provided each discharge is volumetrically
and velocity controlled to prevent resuspension of sediments in the stormwater system and
complies with the respective conditions attached thereto:
A) Discharges from water pipe sources, including water line flushing, fire hydrant
system flushing, pipe breaks and pipeline hydrostatic test water. Planned discharges shall be
controlled to prevent contaminates from entering the stormwater system and discharging to the
Columbia River. Chlorine levels shall be reduced to 0.1 ppm or less and pH adjusted.
B) Discharges from lawn irrigation or dust control water, provided the sprinkler
pattern is fixed within the boundaries of the irrigated property. Such discharges shall be
minimized through public education activities and water conservation efforts.
C) Water used to wash down streets, sidewalks and buildings, provided the wash
water is low in suspended solids and any detergent used is biodegradable.
D) At active construction sites, with curb and gutter, an approved screening
protection system shall be installed in catch basins and street sweeping must be performed prior
to washing the street. Damage to street ditches or grass swales shall not be allowed.
Construction sites disturbing one acre or more and construction projects of less than one acre that
are part of a larger common plan of development or sale are subject to the Construction
Stormwater Pollution Prevention requirements set forth in Chapter 7 of the SWMMEW. The
developer of subdivisions or site plans with constructed curbs and gutters shall be responsible for
the protection and maintenance of the stormwater system for five years or until all the
subdivision or site plan lots are developed with permanent improvementsbuilt en, whichever
comes first. The protection measures and maintenance program shall be approved by the City
Engineer in the form of a written agreement with the developer. (Ord. 3935, 2009.)
Section 5. 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 , 2016.
Matt Watkins, Mayor
ATTEST: APPROVED AS TO FORM:
Debra L. Clark, City Clerk Leland B. Kerr, City Attorney
Ordinance - Stormwater and Drainage
Improvement Standards - 3
Page 71 of 147
AGENDA REPORT
FOR: City Council
July 22, 2016
TO: Dave Zabell, City Manager Regular Meeting: 8/1/16
Rick White, Director,
Community & Economic Development
FROM: Dave McDonald, City Planner
Community & Economic Development
SUBJECT: Rezone: R-1 (Low Density Residential) to "O" (Office) (MF# Z 2016-003)
I. REFERENCE(S):
Vicinity Map
Proposed Rezone Ordinance
Report to the Planning Commission
Planning Commission Minutes: Dated 6/16/16 & 7/21/16
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to adopt Ordinance No. , an ordinance of the City of
Pasco, Washington, rezoning Lots 14-16, Block 11, Helm's 2nd Addition from R-1
(Low Density Residential) to "O" (Office), and further, authorize publication by
summary only.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
On June 16, 2016 the Planning Commission conducted a public hearing to determine
whether or not to recommend rezoning Lots 14-16, Block 11, Helm's 2nd Addition
from R1 to "O". Lot 20, Cole's Estates is located on Road 92 north of Sandifur
Parkway.
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.
No written appeal of the Planning Commission's recommendation has been received.
Page 72 of 147
V. DISCUSSION:
The office building at the northeast corner of 18th Avenue and Clark street was
constructed in 1959 and used as a chiropractic office for many years. The building is
currently an accounting office. Prior to 1982 professional offices were permitted in
residential zones generally as accessory uses, but a number of stand alone offices were
built including the one in question. Changes to the zoning regulations in 1982 made
offices in residential zones non -conforming.
The office in question has coexisted with the single-family homes in the neighborhood
for 57 years. The proposed rezone will cause the existing land use and zoning to be
consistent.
Page 73 of 147
Item: Rezone from R-1 to "O"
Vicinity
Applicant: Anides Guerena W E
Map
File #: Z 2016-003 S
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, REZONING LOTS 14-16 Block
11, HELM'S 2ND ADDITION FROM R-1 (LOW DENSITY RESIDENTIAL) TO "O"
(OFFICE).
WHEREAS, a complete and adequate petition for change of zoning classification has
been received and an open record hearing having been conducted by the Pasco Planning Commission
upon such petition; and,
WHEREAS, that the effect of the requested change in zoning classification shall not be
materially detrimental to the immediate vicinity; and,
WHEREAS, based upon substantial evidence and demonstration of the Petitioner, that:
(A) the requested change for the zoning classification is consistent with the adopted Comprehensive
Plan; (B) the requested change in zoning classification is consistent with or promotes the goals and
objectives of the Comprehensive Plan serving the general public interest in the community; and (C)
there has been a change in the neighborhood or community needs or circumstances warranting the
requested change of the zoning classification; and, (D) the Planning Commission developed findings
as a part of the hearing record and said findings are hereby adopted by the City Council; NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN
AS FOLLOWS:
Section 1. That the Zoning Ordinance for the City of Pasco, Washington, and the Zoning
Map, accompanying and being part of said Ordinance shall be and hereby is changed from
R-1 (Low -Density Residential) to " O " (Office) for the real property as shown in the Exhibit
"1" attached hereto and described as follows:
Lots 14-16, Block 11, Helm's 2nd Addition.
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 1St day of August, 2016.
Matt Watkins, Mayor
ATTEST:
APPROVED AS TO FORM:
Debra L. Clark, City Clerk Leland B. Kerr, City Attorney
Page 75 of 147
Exhibit
Item: Rezone from R-1 to "O"
#1
Applicant: Anides Guerena W E
File #: Z 2016-003 S
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BONNEVILLE ST
CLARK ST
REPORT TO PLANNING COMMISSION
MASTER FILE NO: Z 2016-003
HEARING DATE: 6/16/2016
ACTION DATE: 7/21/2016
BACKGROUND
APPLICANT: Anides Guerena
1731 W Clark St.
Pasco, WA 99301
REQUEST: REZONE: Rezone from "R-1" (Low -Density Residential) to "O"
(Office)
1. PROPERTY DESCRIPTION:
Legal: Lots 14-16 Block 11, Helms 2nd Addition
General Location: 1731 W. Clark Street.
Property 10,018 sq. ft.
2. ACCESS: The site has access from W. Clark Street and 181h Avenue.
3. UTILITIES: Municipal sewer and water lines currently serve the site.
4. LAND USE AND ZONING: The site contains one and a half lots and is
currently zoned R-1 (Retail Business). One office building and a small
parking occupy the property. Surrounding properties are zoned and
developed as follows:
NORTH:
R-1
- Single -Family
SOUTH:
C-1
- Commercial Strip building
EAST:
"O"
- Single -Family
WEST:
C-1
- Value Inn Motel
5. COMPREHENSIVE PLAN: The property is in an area of transition
between a residential and commercial land use designation. In transition
areas properties can be zoned to match either of the identified land uses.
Goal ED -1 encourages the City to maintain economic development as an
important and ongoing City initiative. ED -2-13 suggests there ought to be
a wide range of commercial and industrial uses strategically located
within the City to support local and regional needs.
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
Page 77 of 147
ANAT.VCTC
The owner of 1731 W. Clark Street has applied to change the zoning
classification of his two parcels from R-1 to "O". The current zoning for the
property was established prior to 1950. The property is developed with a
professional office that has been located on the property since 1959. The office
building was used as a chiropractic office for many years and is currently an
accounting office.
The early zoning codes for the City permitted the location of office uses in
residential zones for physicians, dentists and other professionals. These offices
however were supposed to be located within the professional provider's home.
The provisions for professional service offices in residential zoning districts
were removed from the code in 1982.
The building in question was originally built as an office and was never a home.
How it was approved for a building permit in 1959 is unclear. However it was
generally accepted as a permitted use for many years. The permitted use
status of the building changed in 1982 when professional offices were deleted
as an accessory use in residential districts. Since 1982 professional offices
have been considered a non -conforming uses in residential zones. The office
function on the property has changed slightly over the years but the non-
conforming status has remained secured. The fact that the office use of the
property is considered non -conforming has been problematic for the property
owners over the years. The non -conforming status creates difficulties for
financing, refinancing and obtaining insurance. As a result the current
property owner is seeking a rezone to bring the zoning and land use into
conformance.
The properties to the south and west of the site are zoned C-1 and developed
with commercial uses. The old law office (now a day care center) at the
northwest corner of 18th and Bonneville is also zoned C-1. The office property
in question provides a buffer between the more intense commercial uses to the
south and west from the less intense residential uses to the east and
northeast. Office zoning is commonly used to create buffer areas between
commercial businesses and residences and that is one of the purposes for the
Office District.
Another issue to consider with this rezone request is the fact the office building
has been located on the property for 57 years alongside the adjoining homes.
The homes were built in 1949. There is a long history of compatibility between
the homes and the office building. The proposed rezone supports that history.
N
Page 78 of 147
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 R-1 zoning classification was established over 65 years ago. The
existing office building was built on the property in 1959 about 10 years after the
adjoin houses were built.
2. The changed conditions, which are alleged to warrant other or additional
zoning:
The office building has been a part of the neighborhood character for over five
decades. In 1982 the zoning code was amended to eliminate offices from
residential zones. The most significant changes in the neighborhood have been
the intense redevelopment of the C-1 property directly south of the office building
and the deterioration of the old Apple Inn directly to the west of the office
building.
3. Facts to justify the change on the basis of advancing the public health,
safety and general welfare:
Changing the zoning classification of the site to "O" will support current efforts to
maintain and improve the existing office building. Non -conforming buildings
often fall into a state of disrepair resulting from code limitations on the amount of
improvements that are allowed to be undertaken. The general welfare of the
neighborhood would be supported by having the building well maintained.
4. The effect it will have on the value and character of the adjacent property
and the Comprehensive Plan:
Rezoning the property will have a positive long term impact on the value and
character of the neighborhood because investments will be permitted to maintain
and enhance the value of the property. The site is in an area of transition on the
land use map of the Comprehensive Plan and can be rezoned to "O".
S. The effect on the property owner or owners if the request is not granted:
Under the current zoning classification the property owner has a very difficult
time selling or refinancing his property. Often properties with non -conforming
zoning suffer deferred maintenance because owners become disinterested in
investing in maintenance costs. This can lead to blighted sites which may lead
to economic disinvestment in the immediate vicinity. It is in the best interest of
the City to protect against the establishment and spread of blighting conditions.
3
Page 79 of 147
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 currently zoned R-1 (Low -Density Residential) .
2. Zoning regulation prior to the 1950's allowed professional offices in
residential zones.
3. The office on the property in question was permitted and built in 1959.
4. The building was originally used for medical purposes.
S. The office building on the site was built 10 years after the homes on the
lots to the east and northeast.
6. The office building has been part of the neighborhood character for 57
years.
7. The use and management of the office building has not generated
complaints from adjoin residential property owners.
8. In 1982 all authorization for the location of professional offices in
residential zones was removed from the zoning regulations.
9. All office buildings in R-1 zones became non -conforming in 1982.
10. The current R-1 zoning makes it difficult for property owners to obtain
financing or refinancing to purchase, repair or upkeep the property.
11. The office building provides a buffer between the nearby homes and the
more intense commercial properties to the south and west.
CONCLUSIONS BASED ON STAFF FINDINGS OF FACT
Before recommending approval or denial of a zoning amendment the Planning
Commission must develop findings of fact from which to draw its conclusions
based upon the criteria listed in PMC 25.88.060. The criteria are as follows:
1. The proposal is in accordance with the goals and policies of the
Comprehensive Plan.
The Rezoning the property to "O" would bring the property into conformance with
the land use map of the Comprehensive Plan and with Goal ED -1 that
encourages the City to maintain economic development as an important and
ongoing City initiative.
2
Page 80 of 147
2. There is merit and value in the proposal for the community as a whole.
The proposal has merit and value to the community because the rezone will
enable an existing office building to be maintained where it has been located for
57 years and will ensure resources can be made available for the long term
upkeep of the building and prevent it from becoming a blight to the neighborhood.
3. Conditions should be imposed in order to mitigate any significant
adverse impacts from the proposal.
There are no identifiable potential impacts in need of mitigation by way of
conditioning.
4. 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 does not need to accompany this rezone.
RECOMMENDATION
MOTION for Findings of Fact: I move to adopt findings of fact and
conclusions therefrom as contained in the July 21, 2016 staff report.
MOTION for Recommendation: I move, based on the findings of fact and
conclusions as adopted, the Planning Commission recommend the City
Council rezone Lots 14-16 Block 11, Helms 2nd Addition from "R-1 to "O".
E
Page 81 of 147
Item: Rezone from R-1 to "O"
Vicinity
Applicant: Anides Guerena W E
Map
File #: Z 2016-003 S
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Item: Rezone from R-1 to "O"
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PLANNING COMMISSION MINUTES
6/16/2016
B. Rezone Rezone from R-1 (Low Density Residential) to
"O" (Office) (Anides Guerera) (MF# Z 2016-003)
Chairwoman Khan read the master file number and asked for comments from staff.
Rick White, Community & Economic Development Director, discussed the rezone
application from R-1 (Low Density Residential) to "O" (Office). This rezone is a
situation the Planning Commission has seen several times where the land use was
established a long time and the zoning does not match the land use. The application
is to rezone the property to "O" (Office) which is what is currently being used on the
property and has been since prior to 1950. The analysis in the staff report describes
that professional offices used to be an allowed use within residential districts but that
provision was removed from the zoning code in the early 1980's. The off -ice use itself
has retained its non -conforming status. It has always been used as an office, never
converted to residential. Any owner would have difficulties insuring, financing or
refinancing this property due to its non -conforming nature, which is why the applicant
has requested to amend the zoning to reflect its actual use. The property is in an area
of transition and is recognized in the Comprehensive Plan as such area.
Anides Guerera, 4418 Providence Lane, spoke on behalf of his rezone application. He
discussed potential financial difficulties if this rezone application does not get
approved. Since it has been used as an office since 1959 he believes it should be
approved.
With no further questions or comments the public hearing closed.
Commissioner Greenaway moved, seconded by Commissioner Mendez, to close the
hearing on the proposed rezone and set July 21, 2016 as the date for deliberations
and the development of a recommendation for the City Council. The motion passed
unanimously with Commissioner Bowers recused.
PLANNING COMMISSION MINUTES
7/21/2016
B. Rezone Rezone from R-1 (Low Density Residential) to
"O" (Office) (Anides Guereral (MF# Z 2016-003)
Chairman Cruz read the master file number and asked for comments from staff.
Rick White, Community & Economic Development Director, discussed the rezone
Page 89 of 147
application from R-1 (Low Density Residential) to "O" (Office). He stated that there
were no additional comments since the previous meeting.
Commissioner Greenaway moved, seconded by Commissioner Khan, to adopt findings
of fact and conclusions therefrom as contained in the July 21, 2016 staff report. The
motion passed 7 to 1 with Commissioner Bowers abstaining.
Commissioner Greenaway moved, seconded by Commissioner Khan, based on the
findings of fact and conclusions as adopted the Planning Commission recommend the
City Council rezone Lots 14-16, Block 11, Helms 2nd Addition from R-1 to "O". The
motion passed 7 to 1 with Commissioner Bowers abstaining.
Page 90 of 147
AGENDA REPORT
FOR: City Council
July 22, 2016
TO: Dave Zabell, City Manager Regular Meeting: 8/1/16
Rick White, Director,
Community & Economic Development
FROM: Dave McDonald, City Planner
Community & Economic Development
SUBJECT: Preliminary Plat: Columbia Terrace (MF# PP 2016-001)
I. REFERENCE(S):
Overview Map
Vicinity Map
Proposed Resolution
Preliminary Plat
Report to the Planning Commission
Planning Commission Minutes: Dated 6/16/16 & 7/21/16
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. , a resolution approving the
Preliminary Plat for Columbia Terrace.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
On June 16, 2016 the Planning Commission conducted a public hearing to develop a
recommendation for the City Council on the preliminary plat for Columbia Terrace.
The proposed plat is located at the northeast corner of Broadmoor Boulevard and Burns
Road.
Following the conduct of a public hearing, the Planning Commission determined that
with conditions, the preliminary plat could be recommended for approval. The
recommended conditions are contained in the attached resolution.
Page 91 of 147
No written appeal of the Planning Commission's recommendation has been received.
V. DISCUSSION:
This site contains approximately forty acres that will be divided into 144 lots. The lots
will range in size from 6,010 square feet to over 15,343 square feet. The average lot
size will be 9,075 square feet which is similar to the average lot size in the subdivision
(Broadmoor Estates) directly to the south.
Page 92 of 147
RESOLUTION NO.
A RESOLUTION APPROVING A PRELIMINARY PLAT
FOR COLUMBIA TERRACE.
WHEREAS, RCW 58.17 enables the City to uniformly administer the process of
subdividing property for the overall welfare of the community; and,
WHEREAS, owners and developers of property situated in the south half of the southwest
quarter Section 5, Township 9 North, Range 29 East, W.M., have requested approval of a
preliminary plat; and,
WHEREAS, the Planning Commission held a public hearing on the proposed Columbia
Terrace plat and developed findings related thereto and said findings are hereby adopted by the
City Council; and,
WHEREAS, following a public hearing, the Planning Commission found the proposed
plat promoted the general welfare of the community and recommended said preliminary plat be
approved with conditions; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO:
That the preliminary plat for Columbia Terrace located in the south half of the southwest quarter
Section 5, Township 9 North, Range 29, East W.M., is hereby approved with the following
conditions:
1. No utility vaults, pedestals, or other obstructions will be allowed at street intersections.
2. All corner lots and other lots that present difficulties for the placement of yard fencing
shall be identified in the notes on the face of the final plat(s).
3. The developer shall install a common 'Estate Type" fence six -feet in height along the
west and south line of the plat as a part of the infrastructure improvements associated
with the plat. The fence must be constructed of masonry block. A fencing detail must be
included on the subdivision construction drawings. Consideration must be given to a
reasonable vision triangle at the intersection of streets. The City may make repairs or
replace the fencing as needed. Property owners adjoining said fence shall be responsible
for payment of all costs associated with maintenance and upkeep. These fencing
requirements shall be noted clearly on the face of the final plat(s). A concrete mow strip
shall be installed under any common fence as directed by the City Parks Division and
shall be approved by the Parks Department prior to installation.
4. A common solid fence must be installed along the eastern boundary of the proposed plat
adjacent to the school site.
5. Excess right-of-way along Burns Road and Broadmoor Boulevard must be landscaped.
Said landscaping shall include irrigation, turf and trees. Trees shall be planted at 50 foot
intervals. The species of the trees will be determined by the Parks Department. All
landscaping and irrigation plans shall be reviewed and approved by the Parks Department
1
Page 95 of 147
prior to installation. Water usage for City right-of-way landscaping shall come from a
source by the City of Pasco with the connection and meter fees paid for by the developer.
6. The developer/builder shall pay the City a "common area maintenance fee" of $475 per
lot upon issuance of building permits for homes. These funds shall be placed in a fund
and used to finance the maintenance of arterial boulevard strips. The City shall not accept
maintenance responsibility for the landscaping abutting said streets until such time as all
fees are collected for each phase that abut said streets.
7. Lots abutting Burns Road and Broadmoor Boulevard shall not have direct access to said
streets. Access shall be prohibited by means of deed restrictions or statements on the face
of the final plat(s).
8. The final plat(s) shall contain a 10 -foot utility easement parallel to all streets unless
otherwise required by the Franklin County PUD.
9. The final plat(s) shall contain the following Franklin County Public Utility District
statement: "The individual or company making improvements on a lot or lots of this Plat
is responsible for providing and installing all trench, conduit, primary vaults, secondary
junction boxes, and backfill for the PUD's primary and secondary distribution system in
accordance with PUD specifications; said individual or company will make full advance
payment of line extension fees and will provide all necessary utility easements prior to
PUD construction and/or connection of any electrical service to or within the plat".
Passed by the City Council of the City of Pasco this 1St day of August, 2016.
Matt Watkins, Mayor
ATTEST:
APPROVED AS TO FORM:
Debra L. Clark, City Clerk Leland B. Kerr, City Attorney
2
Page 96 of 147
v
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FOUND BRASS DISK
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COLUMBIA TERRACE
PRELIMINARY SUBDIVISION
A PORTION OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION 5,
TOWNSHIP 9 NORTH, RANGE 29 EAST, WILLAMETTE MERIDIAN,
CITY OF PASCO, FRANKLIN COUNTY, WASHINGTON
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DESIGNED BY: DCD
DRAFTED BY: SMA
0 DATE: 0527/2016
.Zyl JOB NO: LCE 16-010
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REPORT TO PLANNING COMMISSION
MASTER FILE NO: PP 2016-001 APPLICANT: Big Creek Land Company
HEARING DATE: 6/16/2016 1950 W. Bellerive Ln.
ACTION DATE: 7/21/2016 Coeur d'Alene, ID 83814
BACKGROUND
REQUEST: Preliminary Plat: Columbia Terrace, 144 -Lots (Planned Density
Development Plat)
1. PROPERTY DESCRIPTION:
Lam: SW Quarter of the SW Quarter of Section 5, T9N,
R29E, WM
General Location: The N/E corner of Broadmoor Blvd. & Power Line Rd.
Property Size: 40.88Acres
Number of Lots Proposed: 144 single-family lots
Square Footage Range of Lots: 6,010 ft2 to 15,343 ft2
Average Lot Square Footage: 9,075 ft2
2. ACCESS: The property will have access from Broadmoor Blvd. and
Power Line Rd.
3. UTILITIES: Municipal water and sewer service are in Broadmoor
Boulevard to the south.
4. LAND USE AND ZONING: The site is zoned R-1 (low -Density
Residential). Surrounding properties are zoned and developed as follows:
NORTH: AP -20 - Agriculture (County Zoning)
SOUTH: R-1 - Single -Family
EAST: R-1 - Vacant/ Agriculture (Future school site))
WEST R-1 & RS -1 -Vacant
5. COMPREHENSIVE PLAN: The Comprehensive Plan indicates the site is
intended for low-density residential development. According to the
Comprehensive Plan, low-density residential development means 2 to 5
dwelling units per acre. The criteria for allocation under the future land
use section of Volume II of the Comprehensive Plan (Vol. II, page 17)
encourages development of lands designated for low-density residential
uses when or where: sewer is available, the location is suitable for home
sites, and there is a market demand for new home sites Policy H -1-E
encourages the advancement of home ownership and Goal H-2 suggests
the City strive to maintain a variety of housing options for residents of
the community. Goal LU -2 encourages the maintenance of established
Page 98 of 147
neighborhoods and the creation of new neighborhoods that are safe and
enjoyable places to live.
6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead
agency for this project. Based on the SEPA checklist, the adopted City
Comprehensive Plan, City development regulations, and other information, a
threshold determination resulting in a Determination of Non -Significance
(DNS) has been issued for this project under WAC 197-11-158.
ANALYSIS
The project site is located immediately east of Broadmoor Boulevard and north
of Burns Road. The site is relatively flat with a few undulating dunes and
slopes slightly from the north to the south. Thirty-four acres of the site is
currently being farmed and about 6 acres are vacant.
The site was initially designated for low-density residential development under
the 1982 Comprehensive Plan and again under the 1995 Plan and the updated
Plan of 2007. The R-1 (Low -Density Residential) zoning was established in
when the property was annexed on June 1, 2016.
The applicant is proposing to subdivide the site into 144 lots through the
Planned Density Development process. The Planned Density Development
process was designed to provide a degree of flexibility for residential
development in the City. Essentially the under lying zoning is used to
determine the number of building lots permitted within a proposed plat. Lots
can to be varied in size, some smaller and some larger than the minimum
(7,200) specified by R-1 zoning. However the total number of lots cannot exceed
what the zoning permits under the minimum requirements. In this case R-1
zoning will permit 185 lots on the site. The developer is proposing only 144
lots ranging in size from 6,010 square feet to 15,343 square feet. The average
lot size will be 9,075 square feet. Most of the subdivisions within the I-182
Corridor were developed under the Planned Density process.
LOT LAYOUT: The proposed Plat contains 144 residential lots. The lots vary
in size from 6,010 square feet to 15,343 square feet. The proposal is consistent
with the density requirements of the R-1 zoning on the site.
RIGHTS-OF-WAY: All lots have frontage on streets which will be dedicated.
UTILITIES: Municipal water and sewer lines are located in Broadmoor
Boulevard to the south of Burns Road. The developer will be responsible for
extending utilities into the Plat. The Comprehensive Sewer Plan calls for a 30 -
inch sewer interceptor to be located in Burns Road. The interceptor will not be
2
Page 99 of 147
installed in time to serve the proposed plat therefore the developer will be
installing a temporary line that will connect to the existing sewer line in
Nottingham Drive. Upon installation of the interceptor the temporary line to
Nottingham Drive will be abandoned.
A utility easement will be needed along the first 10 feet of street frontage of all
lots. The final location and width of the easements will be determined during
the engineering design phase. The front yard setbacks for construction
purposes are larger than the requested easements; therefore the front yard
easements will not diminish the buildable area of the lots.
The City Engineer will determine the specific placement of fire hydrants and
streetlights when construction plans are submitted. As a general rule, fire
hydrants are located at street intersections and with a maximum interval of
500 feet between hydrants on alternating sides of the street. Streetlights are
located at street intersections, with a maximum interval of less than 300 feet
on residential streets, and with a maximum interval of 150 feet on arterial
streets. The intervals for street light placements are measure along the
centerline of the road. Street lights are placed on alternating sides of the
street.
STREET NAMES: The proposed street names will need to be modified to avoid
conflict with existing street names in the City.
IRRIGATION: The municipal code requires the installation of irrigation lines
as a part of the infrastructure improvements.
WATER RIGHTS: The assignment of water rights is a requirement for
subdivision approval per Pasco Municipal Code Section 26.04.115(B) and
Section 3.07.160. If no water rights are available to transfer to the City the
property owner/ developer must pay a water right fee in lieu thereof.
FINDINGS OF FACT
State law (RCW 58.17.010) and the Pasco Municipal Code require the Planning
Commission to develop Findings of Fact as to how this proposed subdivision
will protect and enhance the health, safety and general welfare of the
community. The following is a listing of proposed "Findings of Fact":
Prevent Overcrowding: Density requirements of the R-1 zone are designed to
address overcrowding concerns. The Comprehensive Plan suggests the property
in question be developed with 2 to 5 dwelling units per acre. The proposed Plat
has a density of approximately 3.5 units per acre. No more than 40 percent of
each lot is permitted to be covered with structures per the R-1 standards.
3
Page 100 of 147
Parks Opens Space/Schools: City parks are located in Columbia Place and
Island Estates to the east and south. The City is required by RCW 58.17. 110 to
make a finding that adequate provisions are being made to ameliorate the
impacts of the proposed subdivision on the School District. At the request of
the School District the City enacted a school impact fee in 2012. The
imposition of this impact fee addresses the requirement to ensure there are
adequate provisions for schools. A school impact fee in the amount of $4,700
will be charged for each new dwelling unit at the time of building permit
issuance.
Effective Land Use/Orderly Development: The Plat is laid out for single-
family development as identified in the Comprehensive Plan. The maximum
density permitted under the Comprehensive Plan is 5 dwelling units per acre.
The developer is proposing a density of 3.5 units per acre. The proposed
development will include improvements to both Burns Road and Broadmoor
Boulevard.
Safe Travel & Walking Conditions: The plat will connect to the community
through the existing network of streets. Sidewalks are installed at the time
homes are built on individual lots. The sidewalks will be constructed to
current City standards and to the standards of the American's with Disabilities
Act (ADA). The ADA ramps at the corners of all intersection will be installed
with the construction of the road improvements
Adequate Provision of Municipal Services: All lots within the Plat will be
provided with water, sewer and other utilities.
Provision of Housing for State Residents: This Preliminary Plat contains 144
residential building lots, providing an opportunity for the construction of 144
new dwelling units in Pasco.
Adequate Air and Light: The maximum lot coverage limitations, building
height restrictions and building setbacks will assure that adequate movement
of air and light is available to each lot.
Proper Access & Travel: The streets through and adjoining the Plat will be
paved and developed to City standards to assure proper access is maintained
to each lot. Connections to the community will be provided by Burns Road and
Broadmoor Boulevard. The Preliminary Plat was submitted to the Transit
Authority for review. (The discussion under "Safe Travel" above applies to this
section also.)
Comprehensive Plan Policies & Maps: The Comprehensive Plan designates
the Plat site for low-density residential development. Policies of the
4
Page 101 of 147
Comprehensive Plan encourage the advancement of home ownership and
suggest the City strive to maintain a variety of housing for residents.
Other Findings:
• The site is within the Pasco Urban Growth Boundary.
• The State Growth Management Act requires urban growth and urban
densities to occur within the Urban Growth Boundaries.
• The site is relatively flat and slopes slightly from the north to the south.
• The site is currently under agricultural production with the exception of
6 acres at the corner of Burns Road and Broadmoor Boulevard.
• The site is not considered a critical area, a mineral resource area or a wet
land.
• The Comprehensive Plan identifies the site for low-density residential
development.
• Low-density residential development is described in the Comprehensive
Plan as two to five dwelling units per acre.
• The site is zoned R-1 (Low -Density Residential) .
• The site was zoned R-1 when it was annexed in June of 2016.
• The Housing Element of the Comprehensive Plan encourages the
advancement of programs that promote home ownership and
development of a variety of residential densities and housing types.
• The Transportation Element of the Comprehensive Plan encourages the
interconnection of neighborhood streets to provide for the disbursement
of traffic.
• The interconnection of neighborhood streets is necessary for utility
connections (looping) and the provision of emergency services.
• Per the ITE Trip Generation Manual 8th Addition the proposed
subdivision, when fully developed, will generate approximately 1,440
vehicle trips per day.
• The current traffic impact fee is $709 per dwelling unit. The impact fees
are collected at the time permits are issued and said fees are used to
make traffic improvements and add traffic signals in the I-182 Corridor
when warranted.
• The current park impact fee is $1,386 per dwelling unit. The fee can be
reduced by 58 percent if a developer dedicates a five acre park site to the
City. The dedication of a fully constructed park reduces the fee by 93
percent.
• RCW 58.17.110 requires the City to make a finding that adequate
provisions have been made for schools before any preliminary plat is
approved.
5
Page 102 of 147
• The City of Pasco has adopted a school impact fee ordinance compelling
new housing developments to provide the School District with mitigation
fees. The fee was effective April 16, 2012.
• Past correspondence from the Pasco School District indicates impact fees
address the requirement to ensure adequate provisions are made for
schools.
• Plat improvements within the City of Pasco are required to comply with
the 2015 Standard Drawings and Specification as approved by the City
Engineer. These improvements include but are not limited to water,
sewer and irrigation lines, streets, street lights and storm water
retention. The handicapped accessible pedestrian ramps are completed
with the street and curb improvements prior to final plat approval.
Sidewalks are installed at the time permits are issued for new houses.
Except sidewalks along major streets, which are installed with the street
improvements.
• All engineering designs for infrastructure and final plat(s) drawings are
required to utilize the published City of Pasco Vertical Control Datum.
• All storm water generated from a developed plat is required to be
disposed of per City and State codes and requirements. Prior to the City
of Pasco accepting construction plans for review the developer is required
to enter into a Storm Water Maintenance Agreement with the City. The
developer is responsible for obtaining the signatures of all parties
required on the agreement and to have the agreement recorded with the
Franklin County Auditor. The original signed and recorded copy of the
agreement is presented to the City of Pasco at the intake meeting for
construction plans.
• The City has nuisance regulations (PMC 9.60) that require property
owners (including developers) to maintain their properties in a manner
that does not injure, annoy or endanger the comfort and repose of other
property owners. This includes controlling dust, weeds and litter during
times of construction for both subdivisions and buildings including
houses.
• Prior to acceptance of final plats developers are required to prepare and
submit record drawings. All record drawings shall be created in
accordance with the requirements detailed in the Record Drawing
Requirements and Procedure form provided by the Engineering Division.
This form must be signed by the developer prior to construction plan
approval.
CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT
Before recommending approval or denial of the proposed Plat the Planning
Commission must develop findings of fact from which to draw its conclusion
(P.M.C. 26.24.070) therefrom as to whether or not:
U
Page 103 of 147
(1) Adequate provisions are made for the public health, safety and
general welfare and for open spaces, drainage ways, streets, alleys,
other public ways, water supplies, sanitary wastes, parks,
playgrounds, transit stops, schools and school grounds, sidewalks for
safe walking conditions for students and other public needs;
The proposed plat will be required to develop under the standards of the Pasco
Municipal Code and the standard specifications of the City Engineering
Division. These standards for streets, sidewalks, and other infrastructure
improvements were designed to ensure the public health; safety and general
welfare of the community are secured. These standards include provisions for
streets, drainage, water and sewer service and the provision for dedication of
right-of-way. The preliminary plat was forwarded to Big Bend Electric, the
Pasco School District, Cascade Gas, Charter Cable and Ben -Franklin Transit
Authority for review and comment.
Based on the School Districts Capital Facilities Plan the City collects school
mitigation fees for each new dwelling unit. The fee is paid at the time of
building permit issuance. The school impact fee addresses the requirements of
RCW 58.17.110.City parks are located in the subdivisions to the west and
southwest of the site. All new developments participate in establishing parks
through the payment of park fees at the time of permitting.
(2) The proposed subdivision contributes to the orderly development and
land use patterns in the area;
The proposed Plat makes efficient use of vacant land and will provide for the
looping of utilities and interconnectivity of streets as supported in the
Comprehensive Plan. The proposed subdivision will provide arterial street
improvements along Burns Road and Broadmoor Boulevard.
(3) The proposed subdivision conforms to the policies, maps and
narrative text of the Comprehensive Plan;
The Comprehensive Plan land use map designates the site for low-density
residential development. Low-density residential development is described as 2
to 5 dwelling units per acre in the Comprehensive Plan. The Housing Element
of the Plan encourages the promotion of a variety of residential densities and
suggests the community should support the advancement of programs
encouraging home ownership. The Transportation Element of the Plan suggests
major streets should be beautified with trees and landscaping. The Plan also
encourages the interconnection of local streets for inter -neighborhood travel for
public safety as well as providing for traffic disbursement.
Page 104 of 147
(4) The proposed subdivision conforms to the general purposes of any
applicable policies or plans which have been adopted by the City
Council;
Development plans and policies have been adopted by the City Council in the
form of the Comprehensive Plan. The proposed subdivision conforms to the
policies, maps and narrative text of the Plan as noted in number three above.
(5) The proposed subdivision conforms to the general purposes of the
subdivision regulations.
The general purposes of the subdivision regulations have been enumerated and
discussed in the staff analysis and Findings of Fact. The Findings of Fact
indicate the subdivision is in conformance with the general purposes of the
subdivision regulations provided certain mitigation measures (i.e.: school
impact fees are paid.)
(6) The public use and interest will be served by approval of the proposed
subdivision.
The proposed Plat, if approved, will be developed in accordance with all City
standards designed to insure the health, safety and general welfare of the
community are met. The Comprehensive Plan will be implemented through
development of this Plat. These factors will insure the public use and interest
are served.
TENTATIVE PLAT APPROVAL CONDITIONS
1. No utility vaults, pedestals, or other obstructions will be allowed at street
intersections.
2. All corner lots and other lots that present difficulties for the placement of
yard fencing shall be identified in the notes on the face of the final
plat(s) .
3. The developer shall install a common "Estate Type" fence six -feet in
height along the west and south line of the plat as a part of the
infrastructure improvements associated with the plat. The fence must be
constructed of masonry block. A fencing detail must be included on the
subdivision construction drawings. Consideration must be given to a
reasonable vision triangle at the intersection of streets. The City may
make repairs or replace the fencing as needed. Property owners
adjoining said fence shall be responsible for payment of all costs
associated with maintenance and upkeep. These fencing requirements
shall be noted clearly on the face of the final plat(s). A concrete mow strip
shall be installed under any common fence as directed by the City Parks
s
Page 105 of 147
Division and shall be approved by the Parks Department prior to
installation.
4. A common solid fence must be installed along the eastern boundary of
the proposed plat adjacent to the school site.
5. Excess right-of-way along Burns Road and Broadmoor Boulevard must
be landscaped. Said landscaping shall include irrigation, turf and trees.
Trees shall be planted at 50 foot intervals. The species of the trees will
be determined by the Parks Department. All landscaping and irrigation
plans shall be reviewed and approved by the Parks Department prior to
installation. Water usage for City right-of-way landscaping shall come
from a source by the City of Pasco with the connection and meter fees
paid for by the developer.
6. The developer/ builder shall pay the City a "common area maintenance
fee" of $475 per lot upon issuance of building permits for homes. These
funds shall be placed in a fund and used to finance the maintenance of
arterial boulevard strips. The City shall not accept maintenance
responsibility for the landscaping abutting said streets until such time as
all fees are collected for each phase that abut said streets.
7. Lots abutting Burns Road and Broadmoor Boulevard shall not have
direct access to said streets. Access shall be prohibited by means of
deed restrictions or statements on the face of the final plat(s).
8. The final plat(s) shall contain a 10 -foot utility easement parallel to all
streets unless otherwise required by the Franklin County PUD.
9. The final plat(s) shall contain the following Franklin County Public Utility
District statement: "The individual or company making improvements on
a lot or lots of this Plat is responsible for providing and installing all
trench, conduit, primary vaults, secondary junction boxes, and backfill
for the PUD's primary and secondary distribution system in accordance
with PUD specifications; said individual or company will make full
advance payment of line extension fees and will provide all necessary
utility easements prior to PUD construction and/or connection of any
electrical service to or within the plat".
RECOMMENDATION
MOTION: I move to adopt Findings of Fact and Conclusions therefrom as
contained in the July 21, 2016 staff report.
MOTION: I move based on the Findings of Fact and Conclusions, as adopted,
the Planning Commission recommend the City Council approve the
Preliminary Plat for Columbia Terrace, with conditions as listed in
the July 21, 2016 staff report.
E
Page 106 of 147
0
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Looking East
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PLANNING COMMISSION MINUTES
6/16/2016
A. Preliminary Plat Preliminary Plat for Columbia Terrace (Big
Creek Land Company) (MF# PP 2016-001)
Chairwoman Khan read the master file number and asked for comments from staff.
Dave McDonald, City Planner, discussed the preliminary plat application for Columbia
Terrace. On June 1St, 160 acres located directly north of Power Line Road and east of
Broadmoor Boulevard were annexed into the City of Pasco. The developer that was
instrumental in annexing this property has filed an application for a preliminary plat
for the western 40 acres of that 160 acre piece that was annexed.
The developer has filed the preliminary plat under the planned density development
regulations which are slightly different than a regular plat. Under the planned density
development standards, the developer is allowed to mix the lots, creating some smaller
lots and offsetting them with larger lots. This is a process used by most of the
subdivisions developed in the I-182 Corridor. By mixing the lot sizes the developer
can offer a wide variety of homes in the same subdivision. With the R-1 zoning that
the Planning Commission recommended with the annexation that occurred on June 1,
2016, this property could be developed for 185 lots. The developer has chosen to
develop it with 144 lots with ranging lot sizes from 6,000 square feet to 15,000 square
feet, with 9,000 square feet being the average lot size.
The plat provides connections to the transportation grid with two access points on
Broadmoor Boulevard and one on Power Line Road. As with other subdivisions that
back up to major streets, the developer will be required to build a block wall and
provide landscaping on both streets. The agricultural land to the east is owned by the
Pasco School District and the assumption is that there will be a middle school placed
on that 40 acre site. Staff is suggesting the Planning Commission recommend that
along that boundary line there should be a common fence for aesthetics - not
necessarily a block wall but something that is similar the whole length so that there is
consistency. Provided in the staff report are the necessary conditions and findings of
fact for the Planning Commission to review.
Commissioner Bowers asked for clarification on the three access points to the
proposed preliminary plat.
Commissioner Portugal asked if there was only a need for fencing on the eastern
boundary of the proposed plat.
Mr. McDonald answered that the developer will have to build a block wall along the
southern boundary of Power Line Road and the western boundary along Broadmoor
Boulevard. On the east side next to the School District property the City is just
recommending a common fence, whether it's vinyl, cedar or whatever. The northern
Page 115 of 147
property line will back up eventually to future residential development so there won't
be a need for fencing there.
Commissioner Mendez asked if there are traffic impacts.
Mr. McDonald responded that the developer will be required through the Engineering
platting process to widen both streets and place the necessary curb and gutter and
turn radius on the corner of Broadmoor Boulevard and Power Line Road. Each lot will
be required to pay the $709 traffic impact fee which goes into the traffic impact fund
that will fund future traffic improvements in that corridor area.
Chairwoman Khan asked if that fund would include bike lanes.
Mr. McDonald stated that they would be wide enough for bike lanes but he would have
to check with the engineers. It is unknown at this time.
Cliff Mort, 1950 W. Bellerive Lane, Coeur d'Alene, ID spoke on behalf of his
application. This is a neighborhood that Big Creek Land Company has been working
on for a while. They have developed properties in this corridor since 2000. This
particular neighborhood will be similar to Broadmoor Terrace but this will be bigger
and allows for the planned density development. Some of the lots will be large enough
to allow for shops to be built. He briefly discussed his plans for the project.
Commissioner Bowers asked Mr. Mort to explain the home stores that he was talking
about and also to clarify where Columbia Place is located.
Mr. McDonald responded that Columbia Place is located by Maya Angelou Elementary
School on Road 84.
Mr. Mort clarified that there wouldn't be "stores" on residential lots. What he meant
was some of the lots will be large enough for shops/garages.
Chairwoman Khan asked if Big Creek Land Company developed the land to the north
of Maya Angelou Elementary School.
Mr. Mort answered that it actually Neighborhood Incorporated, which was a company
that he owned at the time.
Chairwoman Khan discussed that shared fencing with the proposed School District
site. She asked if they would consider a break in the fence for access between the two
sites.
Mr. Mort responded that he would certainly consider that, however, he has noticed in
the past that the School District hasn't wanted that.
Commissioner Portugal asked how far the nearest park is located to the proposed plat.
Page 116 of 147
Chairwoman Khan responded that Maya Angelou is approximately 1 mile away and
there is a city park attached to that.
With no further questions or comments the public hearing closed.
Commissioner Bowers discussed the density north of Power Line Road and looking
into parks and commercial zoning. She asked what the plans are for property north of
Power Line Road and any additions along Broadmoor Boulevard.
Mr. McDonald answered that north of Power Line Road above the urban growth
boundary goes up to the end of Mr. Mort's proposed subdivision. Right now all urban
growth is supposed to stop at the end of his proposal and north of that would be lots
at least 20 acres in size. That could change next year during the Comprehensive Plan
Update and more than likely the line will be moved. The Comprehensive Plan since
1992 has included all of this area as low density residential. R-1 zoning is within that
density classification. What Mr. Mort is proposing is consistent with the
Comprehensive Plan. As for parks, typically when a development is at least 160 acres
the City will require or request the developer provide 5 acres for a park site. But for a
40 acre development, that is too small so Mr. Mort will be required to pay the park
impact fee which is $1,386 per home. That fee goes into a fund that will eventually be
used by the City to buy and develop park land in the general area. Part of the impact
fee is also set aside for a community park. The Parks Division is currently in the
process of looking for areas in the community for a 30 acre site for a community park
that could serve this area. As for commercial development in this area, the
Comprehensive Plan has identified locations near the interchange. Nearly 145 acres of
land was rezoned around the interchange for future commercial development and the
City is in the process of working with the owner of the sand dune property and an
urban designer to come up with a plan for that area.
Commissioner Portugal asked if Broadmoor Boulevard is the same as Road 100.
Mr. McDonald responded that Broadmoor Boulevard is Road 100.
Chairwoman Khan asked if there was intent from the School District or from the City
at this time to place a park adjacent to this proposed plat.
Mr. McDonald replied that he is unsure at this time where the community park will be
located. The site the Mr. Mort is developing is 40 acres which is too small to require
the community park.
Commissioner Mendez asked if the developer could build a neighborhood park for
reduced park impact fees.
Mr. McDonald answered that when developers do that if the development has 160
acres, making it more cost effective to develop the park themselves but anything
smaller and it is more cost effective for the developer to pay the impact fees.
Page 117 of 147
Commissioner Greenway moved, seconded by Commissioner Bykonen, to close the
hearing on the proposed preliminary plat and set July 2, 2016 as the date for
deliberations and the development of a recommendation for the City Council. The
motion passed unanimously.
PLANNING COMMISSION MINUTES
7/21/2016
A. Preliminary Plat Preliminary Plat for Columbia Terrace (Big
Creek Land Company) (MF# PP 2016-0011
Chairman Cruz read the master file number and asked for comments from staff.
Dave McDonald, City Planner, discussed the preliminary plat application for Columbia
Terrace. He stated that there were no additional comments on this item since the
previous meeting.
Commissioner Khan moved, seconded by Commissioner Greenaway, to adopt the
findings of fact and conclusions therefrom as contained in the July 21, 2016 staff
report. The motion passed unanimously.
Commissioner Khan moved, seconded by Commissioner Greenaway, based on the
findings of fact and conclusions as adopted the Planning Commissioner recommend
the City Council approve the Preliminary Plat for Columbia Terrace, with conditions as
listed in the July 2, 2016 staff report. The motion passed unanimously.
Page 118 of 147
AGENDA REPORT
FOR: City Council
July 26, 2016
TO: Dave Zabell, City Manager Regular Meeting: 8/1/16
FROM: Stan Strebel, Deputy City Manager
Executive
SUBJECT: Land Sale to CBC Student Housing LLC
I. REFERENCE(S):
Proposed Resolution
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. approving the sale of
certain real property near 20th Avenue and Argent Road.
III. FISCAL IMPACT:
Approximately $800,000 if all phases (1-3) are sold
IV. HISTORY AND FACTS BRIEF:
In June Council authorized the execution of a purchase and sale agreement with CBC
Student Housing, LLC for the purpose of constructing student housing on
approximately one-half of the City's 10 -acre parcel at the southeast corner of 20th
Avenue and Argent.
The property is to be sold in phases depending on the ability of CBC to rent units. The
first phase is planned for construction in order to accept students in September 2017.
If all phases of the project are constructed, the total land sale will be up to 4.751 acres.
The sales price is $4.00 sqft, which will be indexed to inflation after January 2018.
V. DISCUSSION:
Staff is continuing to work with CBC LLC to refine the details of the sale, and the
project.
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The proposed resolution sets forth the City's rationale for the sales price, in addition to
satisfying the formal requirements for sale of the City's real property.
This item was discussed at the July 25 Council meeting. Staff recommends approval of
the attached resolution.
Page 120 of 147
RESOLUTION NO.
A RESOLUTION of the City of Pasco, Washington, approving the sale
of certain real property near 20th Avenue and Argent Road.
WHEREAS, the City owns approximately 10 acres of real property at the intersection of
20th and Argent Road for development purposes; and
WHEREAS, Columbia Basin College has petitioned the City to sell a portion of that
property for the purpose of college housing; and
WHEREAS, a proposal has been submitted to the City by CBC Student Housing, LLC,
for the purpose of constructing such housing opportunities for the College to be built upon up to
4.751 acres of a portion of the City's property; and
WHEREAS, the appraisal, together with the site improvements that will be made to and
benefit the remaining City -owned parcel, demonstrate a value in excess of $4.00 per square foot
which the City Council accepts as an appropriate price for this specific project; and
WHEREAS, the proposed use of the property advances the economic development goals
of the City, as well as enhancing the educational opportunities within the City. NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES RESOLVE
AS FOLLOWS:
Section 1. That the City sale of certain real property consisting of up to 4.751 acres
to CBC Student Housing, LLC, for the purpose of college housing in conjunction with Columbia
Basin College according to the terms as described in the Purchase and Sale Agreement attached
hereto as Exhibit A.
Section 2. That 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 at a regular meeting this 1st day of
August, 2016.
Matt Watkins, Mayor
ATTEST:
Debra Clark, City Clerk Leland B. Kerr, City Attorney
Page 121 of 147
PURCHASE AND SALE AGREEMENT
THIS PURCHASE AND SALE AGREEMENT (hereinafter "Agreement") is entered into on
this 29th day of June, 2016, between the City of Pasco, a Washington Municipal Corporation
(hereinafter "City") and CBC Student Housing, LLC, (hereinafter "Purchaser") for establishing
the terms and conditions for the sale of real property (hereinafter "Property") legally described as
set forth below:
Land sufficient to develop up to 378 student housing units as allowed under City development
regulations and mutually -agreeable design parameters; up to 4.751 net acres, including, in
particular, sub -parcel A described as the southeast corner (289.73 feet running east to west and
275.42 feet running south to north) as a portion of that certain real property designated as Parcel
ID Number 113300255 as shown on Exhibit A, which is attached hereto and incorporated by this
reference.
RECITALS
WHEREAS, City is the owner of real property located in Franklin County, Washington, which
real property is described more particularly in section 4 below; 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,
In consideration of the mutual covenants contained herein, the parties agree as follows:
1. Purchase and Sale. City agrees to sell, and Purchaser agrees to purchase:
(a) The property as generally described above and or particularly determined as
provided in Section 4 below.
(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 reai and
personal, is hereinafter collectively referred to as the "Property."
(d) Conditions of sale:
(1) The property shall be developed and used solely for the purpose of
providing student housing to serve Columbia Basin College as provided in
the covenants which shall run with the land as attached in Exhibit B,
which is attached hereto and incorporated by this reference.
Purchase and Sale Agreement—CBC Student Housing LLC - Page 1
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(2) The property shall be developed in accordance with the development plan
as designated in Exhibit C, which is attached hereto and incorporated by
this reference. The purchaser shall incorporate landscape design standards
that discourage access to the city -owned pond on the golf course.
(3) This Agreement is conditioned upon final approval of the City Council of
the City of Pasco prior to closing as required by PMC 2.46.
2. Purchase Price/Financing. The purchase price for the Property shall be $4.00 per square
foot. The City represents that the Property totals approximately 4.751 acres. The
purchase price will be based upon the square footage defined in such survey. The
purchase price is payable in cash to the City at closing subject to the Phased Options as
provided in Section 5 below.
3. Method of Payment. Within ten (10) business days of the effective date of this
Agreement, Purchaser will deposit with Denton -Franklin Title Company (escrow agent),
an earnest money deposit in the sum of Twenty -Five Thousand and 00/100ths Dollars
($25,000.00), which shall be held in an interest bearing trust account. This deposit shall
be applied to the purchase price.
(a) Purchaser agrees that the earnest money deposit 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. Survey.
(a) The City shall, at the City's sole expense, within fifteen (15) days following the
effective date of this Agreement, provide a current survey of sub -parcel A of the
Property and shall:
(1) Provide a metes and bounds legal description of sub -parcel A of the
Property.
(2) Calculate the exact square footage of sub -parcel A upon which the
purchase price as provided in Section 2 above shall be calculated.
(3) Identify the common roadway location.
(b) Within 120 days following the effective date of the Agreement, or such other time
extension as may be agreed to, in writing, the parties, by mutual agreement, shall
designate the approximate location and size of two additional parcels within the
Property for the purpose of the Phased Options as provided in Section 5 below.
The legal descriptions for such sub -parcels and the exact square footage of each
such sub -parcel shall be described by a survey to be provided, at the City's sole
expense, within thirty (30) days of the designation of the sub -parcels.
Purchase and Sale AgreementCBCStudent Housing LLC - Page 2
Page 123 of 147
5.
(c) Purchaser shall have ten (10) days from the date of delivery of the survey for sub -
parcel A to revoke, by written notice, this Agreement at which time this
Agreement shall be null and void and the Purchaser shall be entitled to the return
of their earnest money deposit. If the Purchaser fails to object, or waive its notice
to object, the survey shall be the acknowledged basis upon which the purchase
price shall be calculated as provided in Section 2 above.
(d) The City shall, at City's expense, within thirty (30) days following the Purchaser's
waiver, or expiration of its objection, secure a lot segregation for the sub -parcel A
Property, and a sub -lot segregation which shall be effective upon closing.
Phased Option.
(a) Purchaser, by its initial below, elects a phased purchase of the Property. Upon
such election, Purchaser shall purchase the southeast corner, designated as sub -
parcel A. The legal description including the square footage shall be utilized for
the calculation of the purchase price at $4.00 per square foot, which purchase
shall be closed as provided in Section 11 and Section 12 below.
(b) Following closing on sub -parcel A, Purchaser shall have an option to purchase
sub -parcel B on or before January 1, 2020. The base purchase price for sub -
parcel B shall be calculated based upon the survey determination of square
footage at $4.00 per square foot. In the event Purchaser does not exercise the
option to purchase sub -parcel B on or before July 1, 2018, the purchase price shall
be increased by an amount equal to the increase in the Consumer Price Index
(CPI -U) between the date of closing as provided in Section 11 below, and the date
of closing purchase of sub -parcel B.
(c) Following closing on sub -parcel A, Purchaser shall have an option to purchase
sub -parcel B and sub -parcel C together during the first option period. As a
condition for exercising this first option, the Purchaser shall faithfully perform all
terms and conditions of this Agreement including those documents incorporated
by reference.
(d) Purchaser shall have the option to purchase sub -parcel C on or before January 1,
2022. The base purchase price for sub -parcel C shall be calculated based upon
the survey determination of square footage of $4.00 per square foot. In the event
Purchaser does not exercise the option to purchase sub -parcel C on or before July
1, 2018, the purchase price shall be increased by an by an amount equal to the
increase in the Consumer Price Index (CPI -U) between the date of closing of this
Agreement and the date of closing upon sub -parcel C. As a condition for
exercising this option, the Purchaser shall faithfully perform all terms and
conditions of this Agreement including those documents incorporated by
reference, and provided that Purchaser has previously purchased sub -parcels A
and B, or such sub -parcels are being purchased simultaneously with the purchase
of sub -parcel C.
City's Initials
Purchaser's lnitia
Purchase and Sale Agreement—CBC Student Housing LLC - Page 3
Page 124 of 147
By the initials above, the parties agree to a phased purchase option as described above.
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, Inspection Period.
(a) Within fifteen (15) days following the effective date 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 sixty (60) days from the effective date of 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 Inspection Period shall terminate and
Purchaser's obligation to purchase and City's obligation to sell the Property shall
remain, subject to the other terms 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
Purchase and Sale Agreement --CBC Student Housing LLC - Page 4
Page 125 of 147
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.
(e) 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
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.
(f) Buyer's obligation to purchase this Property is conditioned upon Purchaser
constructing and operating a housing project solely for the benefit of Columbia
Basin College. Buyer's obligation herein shall be included as a covenant that runs
with the land as a deed restriction on the property as provided in Exhibit B.
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. Closing. Closing, for at least sub parcel A, 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 September 1, 2016.
(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—CBC Student Housing LLC - Page 5
Page 126 of 147
13. Forfeiture of Earnest Money Deposit - Liquidated Damages. As an inducement to
develop the 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 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.
City's Initials Purchaser's Initials"'
14. Reversionary Clause and Qption to Repurchase/Reclaim.
(a) This Property is being sold to Purchaser in anticipation of the development of
housing project for the benefit of Columbia Basin College.
(b) The Purchaser acknowledges that the purchase price and consideration given by
City are related to the City's goals of economic development and lost
opportunities for development would arise if Purchaser fails to begin construction
of the anticipated development.
(e) Unless the failure to commence construction is related to the items identified in
Section 18(f), below, if the Purchaser fails to submit an application to City for
approval of a site plan and building plans consistent with subsection (a) above,
within three (3) months of Closing, the City reserves the right to reclaim title to
this Property. If the Purchaser does not initiate construction within six (6) 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 as
determined in Section 3 above. In the event Purchaser elects the phased options
provided in Section 5 above, this right of reversion shall apply to each of the sub -
parcels purchased independently. 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.
(d) 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.
Purchase and Sale Agreement—CBC Student Housing LLC - Page 6
Page 127 of 147
16. Actions During. During the tern 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.
17. Assignment. Purchaser may not assign Purchaser's interest in this Agreement without
City's prior written consent, which shall not be unreasonably denied.
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 is currently zoned C-1 (Commercial) which will accommodate the
intended use for student housing by special permit. The City specifically reserves
the right to condition approval of development on building layout, exterior
treatments (aesthetics and open space), parking lot design/capacity, building
height, and such other conditions as may be required to insure the compatibility of
the intended use with its surrounding existing uses.
(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.
Purchase and Sale Agreement—CBC 'Student Housing LLC - Page 7
Page 128 of 147
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.
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
(13) any violation of any Environmental Law by City with respect to the Property;
and (n) 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 Iocal 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 sea.) ("CWA"), Resource Conservation and Recovery Act
(42 U.S.C. §§ 6091 el seq.) ("RCRA"), Comprehensive Environmental Response
Compensation and Liability Act (42 U.S.C. §§ 9601 et seq.) ("CERCLA"),
Emergency Planning and Community Right -To -Know Act (41 U.S.C. §§ 11001 et
seM-.) ("EPCRA"), Safe Drinking Water Act (42 U.S.C. §§ 300f et sea.)
("SDWA"), Hazardous Material Transportation Act of 1975 (49 U.S.C. §§ 1801
et seq.) ("HMTA"), Toxic Substances Control Act (15 U.S.C. §§ 2601 et seq.)
("TSCA"), Endangered Species Act of 1973 (16 U.S.C. §§ 1531 et se .) ("ESA"),
Federal insecticide, Fungicide and Rodenticide Act (7 U.S.C. §§ 136 et seq.)
("FIFRA"), the Occupational Safety and Health Act (29 U.S.C. §§ 651 et seq.)
("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.
Purchase and Sale Agreement—CBC Student Housing LLC - Page 8
Page 129 of 147
(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
Substances" shall include: asbestos and asbestos -containing materials (whether or
not friable); urea-fonnaldehyde 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 effect 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:
City of Pasco
P. O. Box 293
525 North 3rd
Pasco, WA 99301
Attn: Dave Zabell, City Manager
(509) 545-3404
Purchase and Sale Agreement—CBC Student Housing LLC - Page 9
Page 130 of 147
Purchaser:
CBC Student Housing LLC
90705 North Yakima Drive
West Richland WA 99353
Attn: David Lippes, Manager
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) Unenforceabilitv. 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.
Purchase and Sale Agreement—CBC Student Housing LLC - Page 10
Page 131 of 147
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
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 Law. 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.
Purchase and Sale Agreement—CBC Student Housing LLC - Page 11
Page 132 of 147
PURCHASER: CBC Student Housine LLC
By: David Lippes
CITY
Daveell, i anagen
A st:
Debbie, City Clerk
Date
4 t"V� O
Date
Approved as to form:
'\,C-
Leland Derr, City Attorney
Purchase and Sale Agreement—CBC Student Housing LLC - Page 12
Page 133 of 147
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 day of
TONI L. ZUNKER
NOTARY PUBLIC
STATE OF WASHINGTON
COMMISSION EXPIRES
MARCH 3, 2020
STATE OF WASHINGTON)
) ss.
County of • )
Notary Public in and f4rr
Residing at
My Commission Expires:
2016.
of Washington,
On this day personally appeared before me David Lippes, 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
TONI L. ZUNKER
NOTARY PUBLIC
STATE OF WASHINGTON
COMMISSION EXPIRES
MARCH 3, 2020
Notary Public in an fo the
Residing at -K Lc
My Commission Expires:
Purchase and Sale Agreement—CBC Student Housing LLC - Page 13
2016.
of Washington,
Page 134 of 147
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Page 135 of 147
FILED FOR RECORD AT REQUEST OF:
City of Pasco
525 North 3rd
Pasco WA 99301
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
THESE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS are
entered into this 29th day of June, 2016, by and between the City of Pasco, Washington, a
Washington Municipal Corporation (hereinafter referred to as "Declarant") and CBC Student
Housing, LLC, a Washington Limited Liability Company, (hereinafter referred to as "Purchaser").
WHEREAS, the Declarant owns real property located in Pasco, Franklin County, Washington, as
more particularly described below; and
WHEREAS, Purchaser desires to purchase, and the Declarant desires to sell portions of that real
property specifically described below; and
WHEREAS, the Declarant has a continuing interest in the development of that property as well as
the enhancement of the value of the property retained by the Declarant by the adoption of this
Declaration. in consideration of the mutual covenants contained herein:
1. Declaration. The City of Pasco, as Declarant, does hereby declare that the property
described below shall be held, sold, and conveyed subject to the following covenants,
conditions, and restrictions which shall run with the property and any parcel thereof, and
shall be binding on all parties having or acquiring any right, title or interest in such
property, or in part thereof, and shall inure to the benefit of the City of Pasco and any
successors in interest to the benefitted party property as described below.
2. Description of the Properties.
2.1 Burdened Property. The property subject to this Declaration is generally
designated as the southeast corner (289.73 feet running east to west and 275.42 feet
running south to north) as a portion of that certain real property designated as
Parcel ID No. 113300255, more legally described in Exhibit A, (Survey of
Sub -Parcel A) which is attached hereto and incorporated by this reference.
Page 136 of 147
2.2 Benefitted Property. The benefitted property retained by the City of Pasco is that
property generally designated as the approximate northwest 4.2 acres, more legally
described in Exhibit B, which is attached hereto and incorporated by this reference.
In the event the complete legal descriptions are unavailable at the time of execution
or recording, the correct legal description resulting from that record survey of such
parcels, shall be substituted, which is hereby acknowledged and approved by the
parties by their signatures below.
3. Restriction on Use of Property. The burdened property as described below shall be
developed and used solely for the purposes of providing student housing structures and
improvements to serve as off -campus housing for Columbia Basin College.
4. Reversionary Clause and Option to Repurchase.
4.1 The burdened property is being sold to Purchaser in anticipation of the
development of housing project for students attending Columbia Basin College.
4.2 The Purchaser acknowledges that the purchase price and consideration given by
Declarant are related to the Declarant's goals of economic development and lost
opportunities for development would arise if Purchaser fails to begin construction
of the anticipated development.
4.3 If the Purchaser fails to submit an application to Declarant for approval of a site
plan and building plans consistent with subsection (a) above, within three (3)
months of Closing, the Declarant reserves the right to reclaim title to this Property.
If the Purchaser does not initiate construction within twelve (12) months of
Closing, Declarant reserves the right to reclaim title to this Property. The Declarant
shall reclaim this Property by refunding 90% of the original Purchase Price as
determined in Section 3 above. In the event Purchaser elects the phased options
provided in Section 5 above, this right of reversion shall apply to each of the
sub -parcels purchased independently. The Declarant will not assume any liability
for expenses incurred by Purchaser in conducting this transaction. Purchaser agrees
to re -convey title to the Declarant within sixty (60) days of receipt of notification of
Declarant's decision to seek reconveyance of Property. This reversionary right is
exclusive to the Declarant and shall be exercised at the sole discretion of the
Declarant.
4.4 This reversionary right survives forty-eight (48) months after closing or until such
time as building commences, whichever is earlier. The Declarant 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 Declarant shall execute such further documents as Purchaser
shall request to release same.
Declaration of Covenants, Conditions and Restrictions - 2
Page 137 of 147
5. Common Private Roadway.
5.1 For the benefit of both of the burdened property and the benefitted property above
described, a common roadway shall be established between their respective
properties consisting of a 15 -foot easement encumbering each property at a
location more particularly described in Exhibit C.
5.2 Grant of Easement. By separate document the parties have entered into a
Common Road Maintenance Agreement and Reciprocal Access Easement of this
even date, which shall run with the land and shall encumber and benefit the
properties legally described herein and be binding upon all present and future
owners, and those occupying the properties and their successors in interest.
6. Enforcement.
6.1 Each property owner shall comply strictly with the covenants, conditions and
restrictions set forth in this Declaration. In the event of a violation or breach of
any of the same, the Declarant or Purchaser, or their successors -in -interest, jointly
or severally, shall have the right to proceed at law or in equity for the recovery of
damages, or for injunctive or other equitable relief as may be available at law. If
the Declarant or Purchaser seeking enforcement under this section is a prevailing
party in any litigation involving this Declaration, then that party also has the right to
recover all costs and expenses incurred including reasonable attorney fees and
paralegal fees. In the event the Declarant seeks injunctive relief under this
provision, no bond shall be required. In the event a Court of competent
jurisdiction determines, notwithstanding this provision, that a bond is required, a
bond shall be allowed at the lowest amount permissible by Iaw.
6.2 In addition the above rights, the Declarant shall have a right of abatement if
Purchaser fails to take reasonable steps to remedy any violation or breach within
thirty (30) days after written notice sent by certified mail. A Right of Abatement,
as used in this Section, means the right of the Declarant, through its agents and
employees, to enter at all reasonable times upon any property subject to this
Declaration, as to which a violation, breach or other condition to be remedied
exists, and to take the actions specified in the notice to the Purchaser to abate,
extinguish, remove or repair such violation, breach, or other condition which may
exist thereon contrary to the provisions of this Declaration, without being deemed
to have committed a trespass or wrongful act by reason of such entry and such
actions; provided such entry and such actions are carried out in accordance with the
provisions of this Section. The cost thereof including the costs of collection and
reasonable attorneys' fees shall be a binding personal obligation of the Purchaser,
enforceable at law, and shall be a lien on such Purchaser's parcel.
6.3 Any such lien shall be recorded in the real property records of the Franklin County
Auditor. The Declarant may bring an action to recover a money judgment for
unpaid abatement costs as described above under this Declaration in lieu of
Declaration of Covenants, Conditions and Restrictions - 3
Page 138 of 147
foreclosing a lien. The lien for the abatement costs, provided for in this
Declaration, shall be subordinate to the lien of any mortgage on such property
which was in good faith and for value and which was recorded prior to recordation
of the notice of lien. Sale or transfer of any lot shall not affect the validity of this
lien.
7. General Provisions.
7.1 Amendment and Real. This Declaration, or any provision thereof, as from time
to time in effect with respect to all or any part of the properties, may be repealed in
writing by the Declarant, and may be amended by the Declarant with approval in
writing of not less than sixty percent (60%) of the Purchaser.
7.2 Any such repeal of amendment shall become effective only upon recordation in the
real property records of the Franklin County Auditor's Office.
7.3 Notices and Other Documents. All notices and other communications under this
Declaration shall be given to the parties hereto at the following addresses:
7.3.1 If to Declarant:
Mr. Dave Zabell, City Manager
CITY OF PASCO
PO Box 293
525 North 3`d
Pasco WA 99301
7.3.2 If to Purchaser:
Mr. David Lippes, Manager
CBC STUDENT HOUSING, LLC
90705 North Yakima Drive
West Richland, WA 99353
7.4 Severability. Each provision of this Declaration of Covenants, Conditions and
Restrictions shall be deemed independent and severable, and the invalidity of any
provision shall not affect the validity of enforceability of the remaining part of that or
any other provision. Except, should it ever be determined that the City of Pasco is no
longer a party benefitted by this Declaration, and is thus no longer capable of seeking
legal remedy to enforce the provisions of this Declaration, then, and unless appeal or
legislation is known to be pending on such determination, these covenants, conditions
and restrictions shall terminate.
Declaration of Covenants, Conditions and Restrictions - 4
Page 139 of 147
8. Contin1jency.
8.1 These Declaration of Covenants, Conditions and Restrictions are contingent upon
the purchase by the Purchaser of the burdened property as described above, and, in
the event of Purchaser's failure to close the purchase of the burdened property, the
Covenants, Conditions and Restrictions as provided above, shall be null and void.
IN WITNESS WHEREOF, the parties have executed this Declaration of Covenants, Conditions
and Restrictions on the 29th day of June, 2016.
f_]-0Iq- l/V7V1w
City of Pasco, Washington
By: zz - - ;, I (j//
*3kell, City Manager
Approved as to the Terms and Form:
PURCHASER:
CBC Student ljousing,,LLC
By: 4�l
David Lippes, Manager
Declaration of Covenants, Conditions and Restrictions - 5
Page 140 of 147
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.
r
jp
SUBSCRIBED and sworn to before me thisU� y of , , 2016.
TONI L. ZUNKER
NOTARY PUBLIC
STATE OF WASHINGTON
COMMISSION EXPIRES
MARCH 3, 2020
STATE OF WASHINGTON)
' } 5s.
County of }
Notary Public in and for q, State of Washington,
Residing at
My Commission Expires:
On this day personally appeared before me David Lippes, 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 dayoft 2016.
STATE OF WASHINGTON
COMMISSION EXPIRES
MARCH 3, 2020
Notary ublic in and fo th S to of Washington,
Residing at
My Commission Expires:
.31
Declaration of Covenants, Conditions and Restrictions - 6
Page 141 of 147
EXHIBIT C
DEVELOPMENT PLAN
As a condition of sale, and as additional consideration to the purchase price, the Parties shall
negotiate a Development Plan which consists generally in conformance with the Site Plan
attached as Exhibit 1, and the following, onsite and offsite development, items 1-4, to be
constructed solely at the cost of the Purchaser:
1. Construction of a common entry, and private roadway and sidewalk, with easement, from
2e Avenue easterly, along the southern boundary of the original parcel to the southwest
corner of sub -parcel A and northerly, along the westerly line of sub -parcel A, to Argent
Road.
2. Un -signalized full intersection at 20th Avenue with left turn (eastbound onto private
roadway) pocket, and pedestrian sidewalk tie-in along 20"' Avenue, south to crosswalk
(see channelization plan, attached).
3. Installation of utilities including a looped waterline (20th Avenue to Argent Road); storm
water onsite disposal; and sewer line tie-in with the airport lift station.
4. Intersection improvements on Argent Road east of 20th Avenue (3/ intersection).
The following improvements, items 5 and 6, shall be subject to good faith negotiations and
mutual agreement by the Parties:
5. When warranted, City will install signalized intersection improvements at 20th Avenue, at
the cost of the City or other property developers.
6. Grading of the property to be purchased, to achieve overall design and functionality
objectives.
The Parties recognize the necessity of flexibility in the development of both the property to be
purchased by Purchaser and that retained by the City which will require continued cooperative
efforts to determine the most beneficial division, configuration, and appearance of the
improvements to be constructed upon the property.
City's Initials
Purchaser's Initials
Page 142 of 147
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AGENDA REPORT
FOR: City Council
July 20, 2016
TO: Dave Zabell, City Manager Regular Meeting: 8/1/16
FROM: Stan Strebel, Deputy City Manager
Executive
SUBJECT: Lodging Tax Advisory Committee Appointment
I. REFERENCE(S):
Resolution No. 2314
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to confirm the Mayor's appointment of Hector Cruz, Tri -Cities
Visitor and Convention Bureau, to the Lodging Tax Advisory Committee.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
The Lodging Tax Advisory Committee (LTAC) was established under Resolution No.
2314 in June 1997 to comply with state requirements relating to the use of the City's
lodging tax ("hotel/motel tax"). The purpose of the committee is to advise the City
Council on use of lodging tax each year. State law requires that the membership of the
LTAC be reviewed annually by the City Council.
Last October, Council appointed members of the committee as follows: Monica
Hammerberg (Red Lion), Allison White (Sleep Inn), Colin Hastings (Pasco Chamber),
Michael Goins (DPDA), and Councilmember Mike Garrison.
V. DISCUSSION:
As Mr. Goins no longer represents the DPDA, it is necessary to fill the vacancy. While
the DPDA would not be represented by membership on the committee, it can still make
application for use of lodging tax funds, as in the current year ($5,000).
The Tri -Cities Visitor and Convention Bureau (TCVCB) represents the largest user of
lodging tax funds (outside of the City's use for TRAC and Stadium expenses) and, yet,
Page 144 of 147
has not been represented on the LTAC. As TCVCB can bring a great deal of expertise
and experience to the LTAC, it has been recommended that Mr. Cruz, Director of
Sports Development for TCVCB, and a Pasco resident, be appointed to the committee
for the 2017 year.
The Mayor agrees with the recommendation and Council's confirmation is required.
Page 145 of 147
RESOLUTION NO. Z>2 3 L�l
A RESOLUTION establishing a Lodging Tax Advisory Committee.
WRFJZ ASS, the City of Pasco currently levies a lodging tax pursuant to
Chapter 67.28 RCW; and
WHEREAS, the State Legislature has enacted Substitute Senate Bill (SSB)
5867, enacted as Chapter 452, Laws of 1997, which modifies or repeals certain
previous lodging tax authority and adds new lodging tax authority; and
WHEREAS, SSB 5867 requires any new imposition of a lodging tax enacted
dunder Chapter 67.28 RCW in a city with a population over 5,000, be first submitted for
consideration to a lodging tax advisory committee not less than 45 days in advance of
final action on a lodging tax by the city; and
WHEREAS, Senate Bill 5867 replaces the current lodging tax authority with a
new statutory scheme effective July 27,1997; and
R'HER.F•AS, the City of Pasco relies on the receipts of the current lodging tax to
fulfill its contractual obligation to Franklin County for its share of the debt and
operating expenses associated with the TRAC facility, as well as the bonds issued to
finance construction of the professional baseball stadium in Pasco; and
WHEREAS; to ensure continued authorization for the imposition of the lodging
tax within the City of Pasco, it is deemed to be in the best interest of the city that a
lodging tax advisory committee be created immediately and that a proposal be
submitted to this committee regarding continuation of a lodging tax;
NOW, 7ZIEREFORF., THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, DO RESOLVE AS FOLLOWS
Section 1. There is hereby created a City of Pasco Lodging Tax Advisory
Committee to serve the functions prescribed in Senate Bill 5867, which was enacted as
Chapter 452, Laws of 1997.
Section 2. The membership of the lodging tax advisory committee shall
consist of five persons appointed by the City Council. One member shall be an elected
official of the city, who shall serve as chair. Two members shall be representatives of
businesses required to collect the tax and two members shall be persons involved in
activities authorized to be funded from revenue received from the tax. The City
Council will review the membership on an annual basis and make changes as
appropriate. Any appointments to the committee shall be made by the City Council.
Section 3. The following persons are hereby appointed to initially serve as
members of the lodging tax advisory committee:
(A) Elected Official: Councilman Mike Garrison.
() Businesses required to collect the lodging tax shall be represented by:
(1) Alan Paty, General Manager, Doubletree Hotel.
(2) Dorothy Hildebrant, Manager, Goal Post Motel.
Page 146 of 147
(C) Persons involved in activities authorized to use proceeds of the lodging tax
shall be represented by:
(1) Dorothy Schoeppach, Executive Director, Pasco Chamber of
Commerce.
(2) Rosemary Doup6, Executive Director, Pasco Downtown Development
Association.
Section 4. In accordance with SSB 5867, the City Council shall submit to the
lodging tax advisory committee, for its review and comment, proposals on the
imposition of any tax authorized under SSB 5867; any increase in the rate of such a
tax; repeal of any exemption from such a tax; or a change in the use of the revenue
received from such a tax. Comments by the committee should include an analysis of
the extent to which the proposal will accommodate activities for tourists or increase
tourism and the extent to which the proposal will affect the long-range stability of the
special fund created for the lodging tax revenues.
Section 5. In accordance with Section 4 of this Resolution, the City Council
hereby submits to the lodging tax advisory committee the following proposal for its
immediate review and comment:
To ensure the continued levy of the lodging tax as
authorized by Chapter 67.28 RCW, the city should re-
enact an ordinance levying a special excise tax on the
sale or charge made for furnishing of lodging that is
subject to tax under Chapter 82.08 RCW.
Section 6. In order to take all steps necessary or indicated by SSB 5867 with
regard to re-enactment of lodging taxes levied by the city, the lodging tax advisory
committee is hereby requested to conduct its first meeting not later than June 30, 1997,
and to report back to the City Council its comments with respect to the tax proposal set
forth in Section 5 of this Resolution no later than July 19, 1997.
Section 7. This Resolution shall take effect immediately upon passage.
PASSED by the City Council of the City of Pasco at a regular meeting this 16th
day of June, 1997.
Charles D. ,
ATTEST:
APPRO TO FORM:
Leland K Kerr, City Attorney
Resolution establishing a Lodging Tax Advisory Committee - Page 2
Page 147 of 147