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HomeMy WebLinkAbout2016.08.01 Council Meeting PacketPage 9-11 12-22 23 -28 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 w=l MW JIM, - list, k4W -IN 16 I j 1L 1^ Tlim 74 Page 36 of 147 Nk �IA,�. iii a `� u 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 ME i E17 ::r CD tea' rLrD x G � � N Q eD e aq.'� D � o � o ria MD rw lD O O (D O V CA �I e 39 of 147 r G. m n' �V M ro rt CA � O � X 4 4:3 O � � � � O GSq �•. � fD fD Uq•� O ��o ar c 0 'XI o aL a Sao° M a, a � � o C � C 0 a 9 eD r) 0.1. Iz O O 0 n a. O CL 0 Qn a. n rt IN :- . Page 40 of 147 r1 fD rD M �' fD CT' �C � � k I -h rd rD aq `� o y ' W rDaq n o � � fD � � O fD ,rt, rD O o � CD L 0 1%1 0 a IN Page 41 of 147 Gm 0 til IM Page 42 of 147 IS 7� n 5z Page 43 of 147 NI Cl] i --ti rt cry CA ON ro rDrD a CD A rD rL O CD Q rD IS 7� n 5z 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 r _ $ � -- _ 1111111 - - -2-2n d-4+v<e — .�� II 1 i9 I i -. -_ -.. 1111 I -I �PJ V -31 ° O, t;,- 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 " ; JY� if ■ � ► `., � �� . �,ti _ a a �l u . e� ► � �et atsIr or r Aff ji , I-- I `r 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 r,,Ie,-Ave -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 i Lim ON ior� own I I. n Tv t I B NNEVILLE S � w,. . f T 9 S } w�� r � ' ` N I I� CLARK ST LZ sit Lo cQ �+ CD_. ITEzi f } w�� r � ' ` N I I� CLARK ST LZ sit Lo cQ �+ CD_. 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 T I cD w Q co SITE 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 i Lim ON ior� own I I. 11 .. 1 n . Tv t I B NNEVILLE S � w,. . f T 9 S } w�� r � ' ` N I I� CLARK ST I -4 LZ sit Lo cQ �+ CD_. v ITEzi f } w�� r � ' ` N I I� CLARK ST I -4 LZ sit Lo cQ �+ CD_. v I CD Land Use Item: Rezone from R-1 to "O" Applicant: Anides Guerena W E Map File #: Z 2016-003 S Mixed Res. I Daycare BONNEVILLE ST Motel/ Restaurant > Q co Off i 44 V SST SITE Mixed Residentia CLARK ST Commercial I CD Zoning Item: Rezone from R-1 to "O" Applicant: Anides Guerena W Map E File #: Z 2016-003 S :b% R-3 I C-1 BONNEVILLE ST C-1 C-1 44 V S ST Q co SITE R-1 CLARK ST C-1 R-3 C-1 C-3 �. Y 5. or ri� r Looking East co 0 41 Looking South rim 2; `_"'� " t .� Al g 049 low_ 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 0 A V POR ST Q0ARTER SOUTHER ORTH HALFROF R OF SOS-HeAS j- QUARTER HALF OF OF SOUTHEAE S7 Q� RTER SOUTH BURNS ROAD SECTION 5 FOUND BRASS DISK NORTHEAST pUARTER 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 95' 95' 95' 95' S89`32'W 1301' 95' 1 95' I o I 0 ^x I OF SEOTION PORTION s 95' 1 95' ,56' Lot 32 Blk 1 95' I o 120' 6x91. 101,TYI RwK' COULEE COURT 1051 i -.-EASEMENT �' Lot 22481kI e SOB_ ]00 - c -_85-- 40.90 acres _-]BO___ __,IID-- _10_- _-TOIL' __ -_88_--Le 38.43 acres I I I� 115' .6346 n1 I 15343 sf 115' m Lot 15 Blk2 \ �,' ° I Lott BIk2 41 Lo' 133 Blk 1 Lot 3 Blk2 a Lot 4 Blk2 a Lot 5 81k In Lot 6 all,2 pp 14W4.W a 13310 ar 13340# Lot 12 Blk i N o Lot Blkf a Lott BIki a Lot 3Blk f a Lot 4Blk i a Lot5Bik 1 Lot 6Blk , a Lot1 a Lot Blk 1 a 13775x Lot 9Elk 1 a Lot f e Lot if BIki 1346If ^0� I 146404 13]]59 13775 If 1J]Sa 13]]59 13775 If 1977150 92' 1377S If 13775 0 13]]59 I 1 92' 95' 10'uTILlry 135' I 70' 70' 7emnr 70' 13m2s( 70' 70' 1 83' 100' EASEMENT e78snr 100' 99' I 118' 6 Lot 17 Blk 2 Lot l8 Bar I Lot13 BIk2 ,TYPICAL) Lot II Blk2 _ _ _ _ _ - _ _ _ -05- _ - _ - J5^ 95' j• Lot 14 Blk 1 X8'-12 - -87 -95- - 95' -95_ -95- _ - 95' �5� 0999 95' Lot 39 Blk i N 96045/ 1392351 � m GRANDVIEW COURT B 107' 799x( � Lot 32 Blk 1 95' I o 120' 6x91. 101,TYI RwK' COULEE COURT 1051 i -.-EASEMENT �' Lot 22481kI e SOB_ ]00 - c -_85-- 40.90 acres _-]BO___ __,IID-- _10_- _-TOIL' __ -_88_--Le 38.43 acres I I I� 115' .6346 n1 I 15343 sf 115' m Lot 15 Blk2 \ �,' ° I Lott BIk2 41 Lot 2 Bill, 2 a Lot 3 Blk2 a Lot 4 Blk2 a Lot 5 81k In Lot 6 all,2 pp 14W4.W a 13310 ar 13340# / 133905r h 13340d �+ 1399ee 'a Lot 19 Blk 1 I v Lot 18 Blk 1 Lot 17 BIk i e 5' Lot 27 Blk3 of 14M9 14600 If I 105' 145Na( 92' 92' Lot 16 Blk 1 92' I 1 92' 95' I 135' I 70' 70' 7emnr 70' 13m2s( 70' 70' 103' 83' 100' 100' e78snr 100' 99' I 118' 6 Lot 17 Blk 2 Lot l8 Bar I Lot13 BIk2 o,Lot 12 Bar Lot II Blk2 59' Lofl0B1k2 58' Lot 9 BIk2 Lot 8 Blk2 8' p - Lot 7 Blk2 p� S2131]N 751851 N 8399 s( N H39B nI Lot 36 as, 1 0999 ry 8399 s( Lot 39 Blk i N 96045/ 6' � 6235 n( 33 all, 1 799x( � Lot 12 BIk 4 O 631]9 u] 649 ^ fi31 eLot b 8320 aI O I I 63259 115' I 106279 Lot 30 Blk 1 68939 kI y t Lot 50 Blk 1 8 BIk 4 ,� Lot I I Blk 4 6325x/ 5]85at w 6785 s1 120' 115' Lot 14 Elk 2 _ Lot 51 Blk 1 �0'- - 717 - --70-- SS'- (TYPICAL) 97659 z ,q Lot 23all, 1 B049sI ,^o =0BIk -47 -4H'- 149' Lot 32 Blk 1 95' I o 120' 6x91. 101,TYI RwK' COULEE COURT 1051 i -.-EASEMENT �' Lot 22481kI e SOB_ ]00 - c -_85-- 40.90 acres _-]BO___ __,IID-- _10_- _-TOIL' __ -_88_--Le 38.43 acres v1 I I 115' .6346 n1 I 15343 sf 115' m Lot 15 Blk2 \ �,' ° _71L- g Lot 17 Bar I I 67860 110' 1 Lot 31 Blkf pp 115' a Imp 1¢ 9636 IF �'\ / I h Lot 21 Blk 1v �+ Lot 20 Blk 1 'a Lot 19 Blk 1 v Lot 18 Blk 1 Lot 17 BIk i e 5' Lot 27 Blk3 of 14M9 14600 If m6009 Lot 15 B/k4 145Na( 143209 878x# Lot 16 Blk 1 67669 I 114' 115' w 7emnr 13m2s( Lot 36 Blk3 766,92 I 103' LotlkB4 100' 100' e78snr 100' 99' I 118' 6 Lot 17 Blk 2 Lot l8 Bar 120' Lot 20 Elk 68' 101' 59' S5' 58' 6/' 138' 8' p I tl Lot 22 Blk 1 6 I Lot 34 Es' i Lot 35 Blk 1 Lot 36 as, 1 Lot 37BIk 1 Lot 38 Blk i Lot 39 Blk i 115' 6235 n( 33 all, 1 799x( � Lot 12 BIk 4 O 631]9 u] 649 ^ fi31 eLot b 8320 aI O 67es. I 63259 115' I 106279 Lot 30 Blk 1 68939 kI y t Lot 50 Blk 1 8 BIk 4 ,� Lot I I Blk 4 6325x/ 5]85at w 6785 s1 120' 115' 115' Lot 51 Blk 1 L__10'UTILITYEASEM (TYPICAL) 6325 If z ,q Lot 23all, 1 B049sI ,^o =0BIk -47 -4H'- 149' 70' 70' 70' I � Lo'378 BBIX3 Lot 39 BIk1k3 Lot 32 Blk 1 95' I o 120' 6x91. 101,TYI RwK' COULEE COURT 1051 i -.-EASEMENT �' Lot 22481kI e SOB_ ]00 - Lot 15 Blk 1 53430 60' HALF OF p SRTITNWEst QUARTER m Lot 40 Blk 1 11o]0ar Lot 41 Bill 1 66539 al Lot 42 Blk 1 e 5551st c (TYPICAL) 40.90 acres TOTAL # OF LOTS: �y _10_- -IB--__7IL- y, 38.43 acres v1 I 3.75 du/ac 115' .6346 n1 I 15343 sf 115' m Lot 15 Blk2 \ �,' ° _71L- g Lot 17 Bar 67860 110' 1 Lot 31 Blkf pp 115' a Imp 1¢ 9636 IF �'\ / Lot 3 Blk4 h Lot 16 Blk4 �+ I w z 120' ]003e/ 5' Lot 27 Blk3 115' I Lot 4 Blk4 ami Lu Lot 15 B/k4 �+ 878x# 67669 n 114' 115' w 7emnr 116 Lot 36 Blk3 766,92 Lot 5Blk 4 ,`n LotlkB4 ^ I I e78snr 6.7esar I �n 6 Lot 17 Blk 2 Lot l8 Bar Lot l9 Blk Lot 20 Elk Lot 2181k2ry Lot 22 BIk2 w Lot 25 BlkI 8049 If I 60' kw Lot 13 Blk 4 8' p I 6785:/ 67869 I .1. 83659 9389. 83939 loose. 115' 73T Lot ED n Lot 12 BIk 4 1� Lot16 Blk2 BBBi ar 7308a( iBIk4 677 n 67es. I 63259 115' I 115' Lot 30 Blk 1 68939 kI y t Lot 50 Blk 1 8 BIk 4 ,� Lot I I Blk 4 6325x/ 5]85at w 6785 s1 120' 115' 115' Lot 51 Blk 1 L__10'UTILITYEASEM (TYPICAL) 6325 If z I Lot 9 BIk4 =0BIk 831s5r 149' 70' 70' 70' Lot 26 BIk3 Lo'378 BBIX3 Lot 39 BIk1k3 TLt.4 Lot 418/k3Lot h 1 79' 70' 70' 70' 83' 20 Blk3 n Lot Lotil., 9 26 k 1 _ n Lot 23 Blk3 N I 1ZJno, ^Aly 6mo ar9 63zs. 115• m Lot 18 Blk 3 79z11. Lot 29 Blk i 8750 If ^ f.nr ]40 9]40.W7. Lot 25 BIk3 Lot 1k 3 ,� q" 6999. a f 0' UTILITY ]fine. n 9388 1 Lot 54 Bar 1 to EASEMEN (TYPICAL) 120' ^ 115' 0 Lot 30 all,2 o Lot 29Blk 2 o Lot 28 Blk2 o Lot 27 Blk2 -+oma Lot 26 Blk2 c Lot 25 Blk2 - Lot 24 BIk2 - Lot 23 Blk2 _W7._--_�_ _7�_ -70•____� J 9635 s/ 83739 8377x/ ^ 8381Y P 8385x/ r 83899/ r 8393x( ,^� r No 6H w 10'UTILITY 30'ADDITIONAL Lot 27 Blk 1 +oon. iv Lot 28 B/k 1 28S 0 EASEMENT RANDEDICATION 1214 9d•--38^---70'- ------------------------------ ,TYPICAL) _TYO^- -65-_'�A1951-- --- -- — --------- Y -------- -------- —7D— -70'-- -TO'- 2F EX. 50-PUBLICR DUTILITYEASEMENT g pOWERLINEROAD O 0 SANDSTONEAVENUE -�Z_--70__ _1D-_ _7R- __70-- - 10-' _ID__--ID_ Oli__ I Lot 31 all, 3 94x9 Lot 32 Blk3 9451. Lot l Blk3 N Lot 2 Blk3N Lot 3 Blk3N Lot 4 Blk3n Lot 5 Blk 3N Lot 6all, 3N Lot 7Blk 3N Lot 8Bar 3 115 ip 9412x/ 9389. &399 a/ 9399 nr 8399§/ 8399x/ P 8399x( 1.8 If b 6H'RA'v vl � 120' �. Lot 30 BIk3 Lot 33Blk 3 b all 70' 70' 70' 83' ]zoea( 6'159 I° 151' 70' 70' 70' - 120' Lot 15 Bar Lot 29 Blk3 Lot 34 Blk3 tals]. to •TB.o, Lot 14 Blk 3 Lot 13 Blk 3 Lot 12 Blk 3 'p Lot 11 Blk 3 Lot 10 Bill 3 Lot 9 Bar 3 71m 9 7575. N 8399. N 83999 93991 N &3990 ty 9685 at 1119 zo 116' a glI Lot 16 Blk3 — __- _ -77 — — — —65- — Lot 28 Blk3Lot 35 B 3 Ik 10459 7 78• _70r %B' ,` I ]328x( 7033 p m If YN01, Lot 15 Blk 1 53430 60' HALF OF p SRTITNWEst QUARTER m Lot 40 Blk 1 11o]0ar Lot 41 Bill 1 66539 al Lot 42 Blk 1 e 5551st ° Rss Lot 43 Blk i 40.90 acres TOTAL # OF LOTS: �y Lot i Blk 4 60109 F ^ Lot 18 Blk 4 38.43 acres v1 I 3.75 du/ac 115' .6346 n1 I 15343 sf 115' m 115' ° Lot 2 Blk4 h g Lot 17 Bar 67860 110' 6265. Da I 115' a 115' I Lot 3 Blk4 h Lot 16 Blk4 �+ I 62i95x/ 67850 5' Lot 27 Blk3 115' Lot 4 Blk4 ami Lu Lot 15 B/k4 �+ 878x# 67669 n 115' 115' w 7emnr 116 Lot 36 Blk3 766,92 Lot 5Blk 4 ,`n LotlkB4 �+ I e78snr 6.7esar I 115' 115' ca -�- --7�- -�-� �' 22' $ 5' Lot 6BIk4 ,� I 60' kw Lot 13 Blk 4 47 I 6785:/ 67869 I Lot l7 Blk3 115' G25a/ 115' 115' 73T Lot ED n Lot 12 BIk 4 iBIk4 677 n 67es. I 63259 115' I 115' yLot 115' t Lot 50 Blk 1 8 BIk 4 ,� Lot I I Blk 4 6325x/ 5]85at 6785 s1 �' 115' 15' Lot 51 Blk 1 L__10'UTILITYEASEM (TYPICAL) 6325 If Lot 9 BIk4 =0BIk 831s5r Lot 26 BIk3 Lot 15 Blk 1 53430 60' HALF OF p SRTITNWEst QUARTER m Lot 40 Blk 1 11o]0ar Lot 41 Bill 1 66539 al Lot 42 Blk 1 e 5551st ESTATES pH 1 OAOMOOR BR , PLAT MATRIX ° Rss Lot 43 Blk i 40.90 acres TOTAL # OF LOTS: q 68869 2.47 acres NET PLAT AREA: 38.43 acres os' 3.75 du/ac 115' 6010 sf MAX LOT SIZE.' 15343 sf Lot 44 Blk i m n 6325 n/ g 115' 110' - - — Da Lot 45 Blk i h a I 63359 05' h I7 Lot 27 Blk3 J Lu Lot 46 Blk I n w 7emnr 116 Lot 36 Blk3 766,92 YJ11 0 —PHASES Lot4 1 h bBlk -�-- ca -�- --7�- -�-� �' 22' $ 5' I 60' kw 47 -55_ _ 32'— �'. Lot 48 elk 1 h Lot l7 Blk3 G25a/ 115' 73T "�- Lot 49 Blk / n 63259 yj, I 115' J ;77 Lot 50 Blk 1 6325x/ Lot 53 Blk i y 115' Lot 51 Blk 1 h 6325 If ESTATES pH 1 OAOMOOR BR , PLAT MATRIX ° Rss TOTAL PLAT AREA: 40.90 acres TOTAL # OF LOTS: BONNEVILLE COURT d 2.47 acres NET PLAT AREA: 38.43 acres os' 3.75 du/ac MIN LOT SIZE: 6010 sf MAX LOT SIZE.' 15343 sf 115' 9075 sf n g 110' - - — Da SE 3 I mo Lot 52 BW i h I7 Lot 27 Blk3 C w 7emnr h m Lot 36 Blk3 766,92 —PHASES j 115' -�-- -�- --7�- -�-� �' 22' $ 47 -55_ _ 32'— �'. Lot l7 Blk3 / 73T "�- 'Mi If yj, pB'. Lot 53 Blk i y 63259 Lot 26 BIk3 Lo'378 BBIX3 Lot 39 BIk1k3 TLt.4 Lot 418/k3Lot h Lof'3281k3 �7 l9 Blk3 NLot 20 Blk3 n Lot 21 Blk3 w Lot 22 Blk3 n Lot 23 Blk3 N Lot 24 B/k3 1ZJno, ^Aly 6mo ar9 63zs. 115• Lot 18 Blk 3 79z11. 87509 8750 If ^ f.nr ]40 9]40.W7. Lot 25 BIk3 Lot 1k 3 ,� q" 0 110170 ^ f 0' UTILITY ]fine. n 9388 I Lot 54 Bar 1 to EASEMEN (TYPICAL) ^ 71 93. _--�5,__-- _-�- _W7._--_�_ _7�_ -70•____� -9Or___-�,__ _��, 5S- -55'--35� -�Or J"' - -89�- 30'ADDITIONAL RANDEDICATION ------------------------------ --- -- --- --------- -------- -------- EX. 50-PUBLICR DUTILITYEASEMENT g pOWERLINEROAD PER AUDITOR # 1734839 ESTATES pH 1 OAOMOOR BR , PLAT MATRIX TOTAL PLAT AREA: 40.90 acres TOTAL # OF LOTS: 144 OFFSITE RAN DEDICATION: 2.47 acres NET PLAT AREA: 38.43 acres PLAT DENSITY: 3.75 du/ac MIN LOT SIZE: 6010 sf MAX LOT SIZE.' 15343 sf AVG LOT SIZE: 9075 sf TTI T-1 I ,. . > • n - - — Da SE 3 I w ,a —PHASES j TTI T-1 I If n TTI I �HIE n I I n n TES pH 2 BROAOMOO\ STA \ PHASING PLAN SCALE I"= 200' ONE INCH AT FULL SIZE IF NOT ONE INCH SCALE ACCORDINGLY DESIGNED BY: DCD DRAFTED BY: SMA 0 DATE: 0527/2016 .Zyl JOB NO: LCE 16-010 2 0 40 80 160 SCALE: 1"= 80' 3 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 E m m m w w w Looking North Looking East r Looking South Looking West 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. Page 119 of 147 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 Page 122 of 147 (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 00 - ARGENT Rte - 1 40 WE fy f�R � "'�1 � �•w . ,y .� - � .moi.•, !� , i Page 135 of 147 1{i 5 •• y� A y �. I 40 WE fy f�R � "'�1 � �•w . ,y .� - � .moi.•, !� , i 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 m" t„ __ N. �I 1• � - � �� .. � � it lcS1 i IJ- PRA rP1l_ �+ I 3; LS Op 7 ILI+ "---_-..------- --- - - ---- - -��--_ --- - � i� u -- -- — — — — — — — — --- r J +As - 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