HomeMy WebLinkAbout2018.01.16 Council Meeting PacketRegular Meeting
AGENDA
PASCO CITY COUNCIL
7:00 p.m.
January 16, 2018
Page
Please note that our Council Meeting will take place on Tuesday, January 16
as City Hall will be closed Monday, January 15 in honor of
Martin Luther King, Jr. Day
1. CALL TO ORDER:
2. ROLL CALL:
(a) Pledge of Allegiance
3. CONSENT AGENDA: All items listed under the Consent Agenda are considered to
be routine by the City Council and will be enacted by roll call vote as one motion (in
the form listed below). There will be no separate discussion of these items. If further
discussion is desired by Council members or the public, the item may be removed
from the Consent Agenda to the Regular Agenda and considered separately.
5 - 13 (a) Approval of Minutes
To approve the Minutes of the Pasco City Council Regular Meeting dated
December 4, 2017 and Special Meetings dated December 11, 2017 and
January 8, 2018.
14 - 18 (b) Bills and Communications
To approve claims in the total amount of $11,865,055.82 ($4,167,703.77 in
Check Nos. 219524-220208; $1,699,748.45 in Electronic Transfer Nos.
818882-818883, 818888-819010, 819015-819233, 819289-819294, 819297-
819299; $91,254.43 in Check Nos. 51299-51382; $2,413,752.22 in Electronic
Transfer Nos. 30114883-30116338; $3,492,596.95 in Electronic Transfer
Nos. 427-442).
To approve bad debt write-off for the month of November 2017 for Utility
Billing, Ambulance, Cemetery, General Accounts, Miscellaneous Accounts,
and Municipal Court (non-criminal, criminal, and parking) accounts
receivable in the total amount of $209,726.20 and, of that amount, authorize
$154,402.70 to be turned over for collection.
To approve bad debt write-off for the month of December 2017 for Utility
Billing, Ambulance, Cemetery, General Accounts, Miscellaneous Accounts,
and Municipal Court (non-criminal, criminal, and parking) accounts
Page 1 of 143
Regular Meeting January 16, 2018
receivable in the total amount of $302,079.58 and, of that amount, authorize
$245,198.91 to be turned over for collection.
19 - 24 (c) * Final Plat: Ellie Estates (MF# FP 2017-011)
To approve the Final Plat for Ellie Estates.
25 - 30 (d) * Dedication Deed: Right-of-Way for a Portion of Sunset Trail (MF#
DEED 2017-010)
To accept the deed from Jeffery Tucksen and Poppi Raymen for a portion of
the Sunset Trail right-of-way.
(RC) MOTION: I move to approve the Consent Agenda as read.
4. PROCLAMATIONS AND ACKNOWLEDGEMENTS:
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. REPORTS FROM COMMITTEES AND/OR OFFICERS:
(a) Verbal Reports from Councilmembers
7. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND
RESOLUTIONS RELATING THERETO:
31 - 50 (a) CDBG Program Section 108 Guaranteed Loan Program (MF# BGAP
2017-007)
CONDUCT PUBLIC HEARING
MOTION: I move to approve Resolution No. 3814, authorizing the
submission of application and agreement and certifications to the US
Department of Housing and Urban Development for the Section 108 Loan
Guarantee Program.
8. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS:
Page 2 of 143
Regular Meeting January 16, 2018
51 - 71 (a) Q* Sharma Rezone from R-1 to R-4 (MF #Z 2017-007)
MOTION: I move to adopt Ordinance No. 4376, rezoning Tax Parcel #115-
180-064 from R-1 (Low Density Residential) to R-4 (High Density
Residential), and further, authorize publication by summary only.
72 - 74 (b) City Council Representation on Boards and Committees
MOTION: I move to approve Resolution No. 3815, confirming Mayoral
appointments of Councilmembers to various Boards and Committees for years
2018-2019.
75 - 96 (c) Q* Special Permit: Location of a CITC Vocational School in a C-1 Zone
(MF# SP2017-023)
MOTION: I move to approve Resolution No. 3816, approving a special
permit for the location of a Vocational School in a C-1 zoning district at 5804
Road 90 as recommended by the Planning Commission.
9. UNFINISHED BUSINESS:
10. NEW BUSINESS:
97 - 111 (a) Oregon Ave Corridor, No. 12002 - Supplement with CH2M
MOTION: I move to approve the final Supplement of the Professional
Services Agreement for the design services of the Oregon Avenue Corridor
project with CH2M, and further, authorize the City Manager to execute the
agreement.
112 - 143 (b) Purchase and Sales Agreement with DNR
MOTION: I move to approve the purchase and sale agreement with DNR
authorizing the purchase of the water right S3-28876(A) for $105,525 and
authorize the City Manager to execute all necessary documents.
11. MISCELLANEOUS DISCUSSION:
12. EXECUTIVE SESSION:
13. ADJOURNMENT.
(RC) Roll Call Vote Required
* Item not previously discussed
Q Quasi-Judicial Matter
Page 3 of 143
Regular Meeting January 16, 2018
MF# “Master File #....”
REMINDERS:
1. 6:00 p.m., Tuesday, January 16, City Hall Conference Room #1 - LEOFF Disability
Board Meeting. (MAYOR MATT WATKINS and COUNCILMEMBER CRAIG
MALONEY)
2. 6:00 p.m., Wednesday, January 17, Clover Island Inn - Good Roads & Transportation
Board Meeting. (COUNCILMEMBER RUBEN ALVARADO, Rep.; SAUL
MARTINEZ, Alt.)
3. 3:30 p.m., Thursday, January 18, FCEM Office - Franklin County Emergency
Management Board Meeting. (COUNCILMEMBER CRAIG MALONEY, Rep.;
MAYOR MATT WATKINS, Alt.)
4. 5:30 p.m., Thursday, January 18, Pasco Red Lion - 2018 Ag Hall of Fame Induction
Banquet. (COUNCILMEMBERS RUBEN ALVARADO, BLANCHE BARAJAS,
CRAIG MALONEY, DAVID MILNE and PETE SERRANO)
5. 11:30 a.m., Friday, January 19, 107 E. Columbia Drive - Benton-Franklin Council of
Governments Board Meeting. (COUNCILMEMBER BLANCHE BARAJAS, Rep.;
COUNCILMEMBER RUBEN ALVARADO, Alt.)
6. 6:00 p.m., Friday, January 19, Pasco Red Lion - 2017 Annual Employee Awards
Banquet. (ALL COUNCILMEMBERS INVITED TO ATTEND)
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 143
AGENDA REPORT
FOR: City Council January 9, 2018
TO: Dave Zabell, City Manager Regular Meeting: 1/16/18
FROM: Daniela Erickson, City Clerk
Administrative & Community Services
SUBJECT: Approval of Minutes
I. REFERENCE(S):
Minutes 12.04.17
Minutes 12.11.17
Minutes 01.08.18
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve the Minutes of the Pasco City Council Regular Meeting dated December 4,
2017 and Special Meetings dated December 11, 2017 and January 8, 2018.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
Page 5 of 143
REGULAR MEETING
MINUTES
PASCO CITY COUNCIL DECEMBER 4, 2017
CALL TO ORDER:
The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor.
ROLL CALL:
Councilmembers present: Chi Flores, Rebecca Francik, Robert Hoffmann, Tom
Larsen, Saul Martinez, Matt Watkins and Al Yenney.
Staff present: Dave Zabell, City Manager; Stan Strebel, Deputy City Manager;
Leland Kerr, City Attorney; Richard Terway, Interim Public Works Director;
Rick White, Community & Economic Development Director; Richa Sigdel,
Finance Director; Dan Dotta, Interim Administrative & Community Services
Director; Ken Roske, Deputy Police Chief and Bob Gear, Fire Chief.
The meeting was opened with the Pledge of Allegiance.
CONSENT AGENDA:
Approval of Minutes
To approve the Minutes of the Pasco City Council Meeting dated November 20,
2017.
Bills and Communications
To approve claims in the total amount of $3,289,604.75 ($2,267,054.10 in
Check Nos. 219301-219253; $363,914.59 in Electronic Transfer Nos. 818430-
818492, 818501-818548, 818557-818598, 818602-818721, 818723-818857,
818862, 818864-818879; $29,105.05 in Check Nos. 51270-51298, 51302;
$629,531.01 in Electronic Transfer Nos. 30114400-30114880).
Final Plat: Ferrara Terrace (MF# FP2017-010)
To approve the Final Plat for Ferrara Terrace.
December 2017 Council Meetings
To cancel the following regularly scheduled Council meetings: Workshop
meeting of December 11, Regular meeting of December 18 and Workshop
meeting of December 25; and schedule a Special meeting on Monday,
December 11.
2018 Legislative Priorities
To approve Resolution No. 3804, declaring the City's Legislative Priorities for
the 2018 session of the Washington State Legislature.
MOTION: Ms. Francik moved to approve the Consent Agenda as read. Mr.
Yenney seconded. Motion carried by unanimous Roll Call vote.
REPORTS FROM COMMITTEES AND/OR OFFICERS:
Mr. Martinez attended the AWC Elected Officials Essentials Workshop
Webinar with the five newly elected Councilmembers.
Page 1 of 5 Page 6 of 143
REGULAR MEETING
MINUTES
PASCO CITY COUNCIL DECEMBER 4, 2017
Mr. Hoffmann stated he had traveled to south Missouri last week to see his son
graduate from Fort Leonard Wood Army Boot Camp.
Mr. Yenney asked staff to give a quick overview of the upcoming Christmas in
Volunteer Park Lighting Ceremony. Mr. Dotta gave a brief summary of the
upcoming event.
HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS
RELATING THERETO:
2017 Supplemental Operating and Capital Budget
Mayor Watkins declared the Public Hearing open to consider amendments to
the 2017 Annual Operating Budget.
Following three calls for comments, and there being none, Mayor Watkins
declared the Public Hearing closed.
MOTION: Ms. Francik moved to adopt Ordinance No. 4367, amending the
2017 Annual Operating Budget of the City of Pasco by providing supplement
thereto; by appropriating revenue received in excess of estimated revenues for
the current year and by providing transfers and adjustment authority and,
further, authorize publication by summary only. Mr. Yenney seconded. Motion
carried unanimously.
Mayor Watkins declared the Public Hearing open to consider amendments to
the 2017 Annual Capital Budget of the City of Pasco.
Following three calls for comments, and there being none, Mayor Watkins
declared the Public Hearing closed.
MOTION: Ms. Francik moved to adopt Ordinance No. 4368, amending the
2017 Annual Capital Budget of the City of Pasco by providing supplement
thereto; and, further, authorize publication by summary only. Mr. Yenney
seconded. Motion carried unanimously.
ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS:
Utility Rate Adjustments (Ambulance, Irrigation and Stormwater)
MOTION: Ms. Francik moved to adopt Ordinance No. 4369, amending Pasco
Municipal Code Sections 3.05.010 (Ambulance Definitions), 3.05.025
(Ambulance Monthly Utility Services Fees and Rates), 3.07.010 (Ambulance
Utility), 3.07.190 (Stormwater Utility), 3.07.210 (Irrigation Water Utility), and
25.12 (Zoning Definitions) and, further, authorize publication by summary
only. Mr. Flores seconded. Motion carried unanimously.
Non-Represented Wage and Salary Plans
MOTION: Ms. Francik moved to adopt Ordinance No. 4370, providing for
certain adjustments in the non-represented, non-management wage plan
beginning January 1, 2018 and, further, authorize publication by summary only.
Mr. Yenney seconded. Motion carried unanimously.
MOTION: Ms. Francik moved to adopt Ordinance No. 4371, providing for
certain adjustments in the management salary plan beginning January 1, 2018
and, further, authorize publication by summary only. Mr. Yenney seconded.
Motion carried 6-1. No - Larsen.
Page 2 of 5 Page 7 of 143
REGULAR MEETING
MINUTES
PASCO CITY COUNCIL DECEMBER 4, 2017
Business License Program Change
MOTION: Mr. Flores moved to adopt Ordinance No. 4372, amending PMC
Title 5 “Business Licenses and Regulations” providing for participation in the
Washington State Business License Service; and amending PMC Section 3.07
“Business Licenses” and, further, authorize publication by summary only. Mr.
Yenney seconded. Motion carried unanimously.
MOTION: Mr. Flores moved to adopt Ordinance No. 4375, amending PMC
Section 25.66.030 “Application Requirements – Fee”; Amending Section
25.66.050 “Administrative Decision"; and Amending PMC 25.66.090 “Transfer
of Location” to provide for Business License System Approval and, further,
authorize publication by summary only. Ms. Francik seconded. Motion carried
unanimously.
Transportation Network Companies
Council and staff discussed the details of the proposed alternative ordinances.
In addition, the public was allowed to testify.
MOTION: Mr. Martinez moved to adopt Ordinance No. 4373 (Alternate #2),
amending Sections 5.45(A).040(B), 5.45(A).060(E) and 5.45(A).050 of the
Pasco Municipal Code and, further, authorize publication by summary only.
Motion seconded by Mr. Yenney. Motion carried by the following Roll Call
vote: Yes - Yenney, Flores, Hoffmann, Larsen and Martinez. No - Watkins and
Francik.
Rezone: Rezone from RT to R-1 (Chad Bettesworth of Pahlisch Homes)
(MF# Z 2017-001)
MOTION: Ms. Francik moved to adopt Ordinance No. 4374, an ordinance
rezoning Farm Unit 84, Irrigation Block 1, from RT (Residential Transition) to
R-1 (Low Density Residential), and further, authorize publication by summary
only. Mr. Yenney seconded. Motion carried unanimously.
Special Permit: Replacement for Stevens Middle School (MF# SP 2017-
013)
MOTION: Ms. Francik moved to approve Resolution No. 3805, accepting the
Planning Commission's recommendation and granting a special permit to the
Pasco School District for the construction of a new Stevens Middle School to
be located at the northeast corner of West Henry Street and 24th Avenue. Mr.
Martinez seconded. Motion carried unanimously.
Special Permit: Middle School in an R-1 District (MF# SP 2017-015)
MOTION: Ms. Francik moved to approve Resolution No. 3806, approving a
special permit for the location of a middle school located at the 9300 block of
Burns Road as recommended by the Planning Commission. Mr. Martinez
seconded. Motion carried unanimously.
Special Permit: Elementary School #17 (MF# SP2017-014)
MOTION: Ms. Francik moved to approve Resolution No. 3807, approving a
special permit for the location of an elementary school in an R -1 zoning district
at the 9100 block of Burns Road, as recommended by the Planning
Commission. Mr. Martinez seconded. Motion carried unanimously.
Page 3 of 5 Page 8 of 143
REGULAR MEETING
MINUTES
PASCO CITY COUNCIL DECEMBER 4, 2017
Special Permit: Location of a Beauty and Barber School in a C -1 Zone
(MF# SP2017-016)
MOTION: Ms. Francik moved to approve Resolution No. 3808, approving a
special permit for the location of a beauty and barber school in a C-1 zoning
district at 746 West Court Street, Suite B as recommended by the Planning
Commission. Mr. Yenney seconded. Motion carried unanimously.
Appointment of Municipal Court Judge
MOTION: Ms. Francik moved to approve Resolution No. 3809, confirming
the City Manager's appointment of Craig Stilwill as Municipal Court Judge for
the term of January 1, 2018 through December 31, 2021. Mr. Yenney seconded.
Motion carried unanimously.
Super Majority Voting Requirement for Tax and Fee Increases
MOTION: Mr. Hoffman moved to approve Resolution No. 3810, calling for
an Advisory Election on Super Majority Approval for Amendments to Taxes,
Rates and Fees. Mr. Yenney seconded. Motion failed by the following Roll
Call vote: Yes - Hoffmann, Flores. No - Martinez, Watkins, Yenney and
Francik. Abstain - Larsen.
MISCELLANEOUS DISCUSSION:
Mr. Zabell noted that two neighborhood open houses are coming up regarding
the Comprehensive Plan Update. The first will be on December 12th, at 5:30
p.m., at the West Pasco Branch Library. The second will be held on December
14th at Kurtzman Center at 5:30 p.m. Secondly, an AED Defibrillation Device
was recently installed outside Customer Service. Staff has been trained and we
plan to add one at the Senior Center too. Also, Station 84 has responded to
seventy-nine calls in the first month. He plans to present an updated "heat"
map in the near future.
Mr. Hoffmann pointed out that the U.S. Supreme Court will hear the
Masterpiece Cakes case next week.
Mr. Flores said he visited the 4th Annual Tamale Festival and is hoping to see
this event brought back to Pasco.
Mr. Martinez thanked everyone in the Tri Cities for all the holiday festivities
including the Parade of Lights along the Columbia River. Also, congratulated
Richland High School for winning the State Football Championship. December
16th will be the Desert Plateau Neighborhood Luminaria event in West Pasco.
Mr. Zabell discussed details about the December 11th Council Meeting. There
will be a few agenda items for consideration and approval. Also, outgoing
councilmembers will be recognized and the oaths of office will be administered
to the incoming councilmembers. A photographer will be there to take pictures
as well as a group picture.
Mr. Hoffmann mentioned that despite the interactions raised last week and
tonight, the Mayor has done a good job conducting the meetings, handling
speakers, not abused his office and conducted himself in an exemplary way.
Mr. Martinez stated he echoed the same.
Mr. Yenney discussed this has been one of the best councils and appreciated
Mr. Watkins also.
Page 4 of 5 Page 9 of 143
REGULAR MEETING
MINUTES
PASCO CITY COUNCIL DECEMBER 4, 2017
ADJOURNMENT:
There being no further business, the meeting was adjourned at 9:04 p.m.
APPROVED: ATTEST:
Matt Watkins, Mayor Daniela Erickson, City Clerk
PASSED and APPROVED this 16th day of January, 2018
Page 5 of 5 Page 10 of 143
SPECIAL MEETING
MINUTES
PASCO CITY COUNCIL DECEMBER 11, 2017
CALL TO ORDER:
The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor.
ROLL CALL:
Councilmembers present: Chi Flores, Rebecca Francik, Robert Hoffmann, Saul
Martinez, Matt Watkins and Al Yenney. Excused: Tom Larsen.
Staff present: Dave Zabell, City Manager; Stan Strebel, Deputy City Manager;
Leland Kerr, City Attorney; Richard Terway, Interim Public Works Director;
Rick White, Community & Economic Development Director; Richa Sigdel,
Finance Director; Dan Dotta, Interim Administrative & Community Services
Director; Bob Metzger, Police Chief and Bob Gear, Fire Chief.
The meeting was opened with the Pledge of Allegiance.
ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS:
Final Acceptance - WWTP Immediate Needs Construction - Chemically
Enhanced Primary Treatment Containment Pad Project
MOTION: Ms. Francik moved to approve Resolution No. 3811 accepting
work performed by Industrial Constructors, Inc. under contract for the
Immediate Needs Construction - Chemically Enhanced Primary Treatment
Containment Pad project. Mr. Yenney seconded. Motion carried unanimously.
Final Acceptance: Well Replacement - Village of Pasco Heights
MOTION: Ms. Francik moved to approve Resolution No. 3812 accepting
work performed by Holt Services, Inc. under contract for the Well Replacement
- Village of Pasco Heights project. Mr. Yenney seconded. Motion carried
unanimously.
Final Project Acceptance - WWTP Immediate Needs - Mechanical Package
Project
MOTION: Ms. Francik moved to approve Resolution No. 3813 accepting
work performed by Industrial Constructors, Inc. under contract for the
Wastewater Treatment Plant Immediate Needs Construction - Mechanical
Project. Mr. Yenney seconded. Motion carried unanimously.
PROCLAMATIONS AND ACKNOWLEDGEMENTS:
Plaques were presented by Mayor Watkins on behalf of the City to outgoing
Councilmembers Rebecca Francik (1996-2017); Chi Flores (2016-2017); Bob
Hoffmann (2005-2017); and Al Yenney (2008-2017). Tom Larsen (2002-2017)
was verbally recognized and will receive his plaque sometime thereafter.
OATH OF OFFICE:
The City Clerk administered the Oath of Office to appointed Municipal Court
Judge Craig Stilwill.
Municipal Court Judge Craig Stilwill administered the Oath of Office to
Councilmembers: Blanche Barajas, District 1; Ruben Alvarado, District 2; Saul
Martinez, District 3; Pete Serrano, District 4; David Milne, District 5; Craig
Maloney; District 6; Matt Watkins, At Large.
Page 1 of 2 Page 11 of 143
SPECIAL MEETING
MINUTES
PASCO CITY COUNCIL DECEMBER 11, 2017
ADJOURNMENT:
There being no further business, the meeting was adjourned at 8:04 p.m.
APPROVED: ATTEST:
Matt Watkins, Mayor Daniela Erickson, City Clerk
PASSED and APPROVED this 16th day of January 2018
Page 2 of 2 Page 12 of 143
SPECIAL MEETING
MINUTES
PASCO CITY COUNCIL JANUARY 8, 2018
CALL TO ORDER:
The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor.
ROLL CALL:
Councilmembers present: Ruben Alvarado, Blanche Barajas, Craig Maloney,
Saul Martinez, David Milne, Pete Serrano, and Matt Watkins.
Staff present: Dave Zabell, City Manager; Leland Kerr, City Attorney; Richard
Terway, Interim Public Works Director; Rick White, Community & Economic
Development Director; Richa Sigdel, Finance Director; Dan Dotta, Interim
Administrative & Community Services Director; Bob Metzger, Police Chief
and Bob Gear, Fire Chief.
The meeting was opened with the Pledge of Allegiance.
NEW BUSINESS:
Election of Mayor and Mayor Pro-Tem
Mr. Martinez nominated Matt Watkins for Mayor.
With no further nominations, Mayor Watkins closed nominations.
Mr. Watkins was declared Mayor for the years 2018 and 2019 by unanimous
voice vote.
Mr. Milne nominated Saul Martinez for Mayor Pro-tem.
Ms. Barajas nominated Craig Maloney for Mayor Pro-tem.
Mr. Serrano nominated Pete Serrano for Mayor Pro-tem.
With no further nominations, Mayor Watkins closed nominations.
Mr. Maloney was declared Mayor Pro-tem for the years 2018 and 2019 by the
following Roll Call votes:
Roll Call Vote No. 1: For Martinez - Watkins, Martinez, Milne. For Maloney -
Alvarado, Barajas, Maloney. For Serrano - Serrano.
Roll Call Vote No. 2: For Martinez - Watkins, Martinez, Milne. For Maloney -
Alvarado, Barajas, Maloney, Serrano.
ADJOURNMENT:
There being no further business, the meeting was adjourned at 7:08 p.m.
APPROVED: ATTEST:
Matt Watkins, Mayor Daniela Erickson, City Clerk
PASSED and APPROVED this 16th day of January, 2018
Page 1 of 1 Page 13 of 143
AGENDA REPORT
FOR: City Council January 11, 2018
TO: Dave Zabell, City Manager Regular Meeting: 1/16/18
FROM: Richa Sigdel, Director
Finance
SUBJECT: Bills and Communications
I. REFERENCE(S):
Accounts Payable 01.16.18
Bad Debt Write-off/Collection 11.30.17
Bad Debt Write-off/Collection 12.31.17
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve claims in the total amount of $11,865,055.82 ($4,167,703.77 in Check Nos.
219524-220208; $1,699,748.45 in Electronic Transfer Nos. 818882-818883, 818888-
819010, 819015-819233, 819289-819294, 819297-819299; $91,254.43 in Check Nos.
51299-51382; $2,413,752.22 in Electronic Transfer Nos. 30114883-30116338;
$3,492,596.95 in Electronic Transfer Nos. 427-442).
To approve bad debt write-off for the month of November 2017 for Utility Billing,
Ambulance, Cemetery, General Accounts, Miscellaneous Accounts, and Municipal
Court (non-criminal, criminal, and parking) accounts receivable in the total amount of
$209,726.20 and, of that amount, authorize $154,402.70 to be turned over for
collection.
To approve bad debt write-off for the month of December 2017 for Utility Billing,
Ambulance, Cemetery, General Accounts, Miscellaneous Accounts, and Municipal
Court (non-criminal, criminal, and parking) accounts receivable in the total amount of
$302,079.58 and, of that amount, authorize $245,198.91 to be turned over for
collection.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
Page 14 of 143
Page 15 of 143
January 16, 2018
Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined
Check Numbers 219524-220208 51299-51382
Total Check Amount $4,167,703.77 $91,254.43 Total Checks 4,258,958.20$
Electronic Transfer Numbers 818882-818883 30114883-30116338 427-442
818888-819010
819015-819233
819289-819294
819297-819299
Total EFT Amount $1,699,748.45 $2,413,752.22 $3,492,596.95 $0.00 Total EFTs 7,606,097.62$
Grand Total 11,865,055.82$
Councilmember
2,579,208.70
62,139.44
0.00
0.00
26,127.35
20,847.67
8,794.61
7,349.72
105,257.36
1,732.93
23,854.26
104,033.98
2,658.74
4,733.98
112,392.00
384.06
56,823.13
533.90
155,292.55
0.00
0.00
50,155.94
11,041.61
0.00
1,514,947.04
2,716,032.04
102,150.02
28,700.08
132,456.66
0.00
391,521.36
8,262.81
1,132,617.23
2,505,006.65
GRAND TOTAL ALL FUNDS:11,865,055.82$
EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL
EQUIPMENT RENTAL - REPLACEMENT BUSINESS
MEDICAL/DENTAL INSURANCE
OLD FIRE OPEB
FLEX
PAYROLL CLEARING
STADIUM/CONVENTION CENTER
LID
GENERAL CAP PROJECT CONSTRUCTION
UTILITY, WATER/SEWER
EQUIPMENT RENTAL - OPERATING GOVERNMENTAL
EQUIPMENT RENTAL - OPERATING BUSINESS
SPECIAL ASSESSMENT LODGING
LITTER ABATEMENT
REVOLVING ABATEMENT
TRAC DEVELOPMENT & OPERATING
PARKS
ECONOMIC DEVELOPMENT
ATHLETIC PROGRAMS
GOLF COURSE
SENIOR CENTER OPERATING
MULTI-MODAL FACILITY
SCHOOL IMPACT FEES
RIVERSHORE TRAIL & MARINA MAIN
C.D. BLOCK GRANT
HOME CONSORTIUM GRANT
NSP GRANT
MARTIN LUTHER KING COMMUNITY CENTER
AMBULANCE SERVICE
CEMETERY
Councilmember
SUMMARY OF CLAIMS BY FUND:
GENERAL FUND
STREET
ARTERIAL STREET
STREET OVERLAY
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 Richa Sigdel, Finance Director
We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this
16th day of January, 2018 that the merchandise or services hereinafter specified have been received and are approved for payment:
C I T Y O F P A S C O
Council Meeting of:
Accounts Payable Approved
The City Council
Page 16 of 143
BAD DEBT WRITE-OFF/COLLECTION
November 1 – November 30, 2017
1. UTILITY BILLING - These are all inactive accounts, 60 days or older. Direct write-off are
under $20 with no current forwarding address, or are accounts in "occupant" status. Accounts
submitted for collection exceed $20.00.
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.
Direct
Write-off
Referred to
Collection
Total
Write-off
Utility Billing $ .00 .00 .00
Ambulance $ 55,323.50 16,548.70 71,872.20
Court A/R $ .00 129,385.00 129,385.00
Code Enforcement $ .00 5,664.00 5,664.00
Cemetery $ .00 .00 .00
General $ .00 2,805.00 2,805.00
Miscellaneous $ .00 .00 .00
TOTAL: $ 55,323.50 154,402.70 209,726.20
Page 17 of 143
BAD DEBT WRITE-OFF/COLLECTION
December 1 – December 31, 2017
1. UTILITY BILLING - These are all inactive accounts, 60 days or older. Direct write-off are
under $20 with no current forwarding address, or are accounts in "occupant" status. Accounts
submitted for collection exceed $20.00.
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.
Direct
Write-off
Referred to
Collection
Total
Write-off
Utility Billing $ 501.21 522.60 1,023.81
Ambulance $ 56,379.46 7,741.31 64,120.77
Court A/R $ .00 217,395.00 217,395.00
Code Enforcement $ .00 19,540.00 19,540.00
Cemetery $ .00 .00 .00
General $ .00 .00 .00
Miscellaneous $ .00 .00 .00
TOTAL: $ 56,880.67 245,198.91 302,079.58
Page 18 of 143
AGENDA REPORT
FOR: City Council January 8, 2018
TO: Dave Zabell, City Manager
Rick White, Director
Community & Economic Development
Regular Meeting: 1/16/18
FROM: Darcy Bourcier, Planner I
Community & Economic Development
SUBJECT: Final Plat: Ellie Estates (MF# FP 2017-011)
I. REFERENCE(S):
Overview Map
Vicinity Map
Final Plat
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve the Final Plat for Ellie Estates.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
The City's current process requires the Planning Commission to conduct a hearing to
review a preliminary plat and ensure that the plat conforms to all planning standards as
established in the PMC. The Planning Commission subsequently makes a
recommendation to City Council which the Council may adopt or reject. At the time of
final plat approval, all issues related to zoning, environmental impact, and building
have been resolved.
In January of 2016 the Council approved a preliminary plat for Ellie Estates. The
developer is now seeking final plat approval for the subdivision.
Ellie Estates is a single-family residential development located west of Road 84 and
just south of the FCID irrigation canal. The development contains 22 single-family lots
Page 19 of 143
with an average lot size of just over half an acre.
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 had installed all necessary infrastructure.
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.
As of mid-December the developer has met all requirements, staff recommends
approval of Final Plat of Ellie Estates.
Page 20 of 143
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CN ES/Airbus DS, USDA, U SGS,AeroGRID, IGN, and the GIS User Community
OverviewMap
Item: Final Plat of Ellie EstatesApplicant: Ilya ParkhotyukFile #: FP 2017-011 ±
SITE
Page 21 of 143
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CN ES/Airbus DS, USDA, U SGS,AeroGRID, IGN, and the GIS User Community
VicinityMap
Item: Final Plat of Ellie EstatesApplicant: Ilya ParkhotyukFile #: FP 2017-011 ±
SITE
Road 88Maple Dr
Road 84FCID Irrigation Canal
Page 22 of 143
CURVE TABLE
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‘'
—————_a/.sENENr asmaavga av ms aw
FILED ma agcoaa WITH ma FRANKLIN couNTv Naamaa omcz ma DAV or I ALEDVANDERa was
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sgcncw n mwNsNu>swam amass 29EAsT
cm maa wuNTv fRIlNK|JN my _or APage 23 of 143
NARRATIVE
THIs PROJECT wAs RERFORMED AT THE REOUEsT OF ELLIE EsTATEs LLC TO SUBDIVIDE THOsE LANOs KNOWN
As FRANKLIN COUNTV ASSESSORS TAx PARCELSIIELI30-D41‘II8-13v—U5§E ‘I‘IB»I6I—DI6
THIs PROJECT Is BOUND ON THE EAsT EY ROAD E4‘DEDICATED RER sHORT RLAT NO 200319‘RECORDED UNDER
AUDITOR FILE NUMEER I7AI5suION THE sOUTH EV THOGE LANDs KNOwN As ERANKLIN COUNTV ASSESSORS TAx
PARCELS H3451-D43‘As DESCRIBED IN ODIT CIJJM DEED‘RECORDED UNDER AUDITOR FILE NUMDER Ia2aTs2 ON
THE wEsT EV THE FINAL RLAT OF CHIAwANA EsTATEsI RECORDED uNDER AUDITOR FILE NUMEER I1us:uA,EV
sHORT RLAT NO.955.RECORDED UNDER AUDITOR FILE NUMDER EIRT22 5 EV THE FINAL RLAT DF sUNsET MANOR
RECORDED UNDER AUDITOR FILE NUMEER Isemv D ON THE NORTH BYTHE FRANKLIN COUNTV IRRIGATION
DIsTRICT CANAL RIOHT.OF.wAV.ALL RECORDs BEING OF FRANKLIN CUUNTVIwAsHINGTDN IN REVIEIMNG THE
DEED FOR THE sAID ERORERTV TO THE sOuTH IT wAs DIGCOVERED THAT THERE Is AN AREA OE DEED OVERLAR
WITH THE SUBJECT RRORERTV sHOwN HEREIN,THE LAND ON BOTH sIDEs OF THIS CONFLICTING EOUNDARV wAs
OwNED EV HUGHEs LIVING TRusT RRIOR TO THE GALE OF LAND ON B/IIIIEQB RER DEED RECORDED UNDER
AUDITOR FILE NUMBER 555455.THIs DEED LINE Is REFLECTED ON THIs MARAs THE DAsHED LINE VVHICHIs
NORTH OE THE RARCEL DOUNDARV THATWE ARE SHDWING THE RIGHTs TO THIs OVERLAR AREA HAVE NOT BEEN
RESOLVED RATHER THE AREA IN OuEsTION FALLs wITHIN RIGHTFOFWAY DEDICATED IN THIs RIAT
THIs sLIRVEV wAs RERFORMED As A REAL TIME KINEMATIC sURVEV UsING TRIMDLE R6-4‘TRIMELE RB GNss &
sRECTRA RRECIGION SPBI)GRs RECEIVERs HAVING AN ACCURACV OE 'ICM¢2PPM TIMEs MEAsuRED LENGTH WITH
TIEs TO THE WASHINGTON sTATE REFERENCE NETVVORK THE NIONUMENTSSHDWN HEREIN VVEREVIsITED AND
TIEO DURING OUR INITIAL suRVEVs IN MARCH 2uI7
TITLE REPORT REFERENCE:
ALLTITLE INFORMATION sHOwN ON THIs MAR HAS BEEN ExTRACTED FROM INFORMATIONCONTAINED IN
CHICAGO TITLE INsuRANCE COMRANV TITLE RERORT ORDER NO,352994-EM‘EFFECTIVE MAV I 2DIs AT a onAM.
IN RRERARING THIs RLAT PBS ENGINEERING s ENVIRONMENTALHAS CONDUCTED NO INDERENDENT TITLE
GEARCH,NOR Is PBS ENGINEERING 5.ENVIRONMENTALAwARE OF ANV TITLE IssUEs AFFECTING THE ERDRERTV
OTHER THAN THOSE sHOwN ON THE RLATAND DIsCLOsED EV THE REFERENCED CHICACO TITLE INEURANCE
COMPANY TITLE RERORT.PBS ENGINEERING E ENVIRONMENTALHAs RELIED WHDLLY ON CHICAGO TITLE
INGURANCECOMEANVG RERRESENTATION OF THE TITLE 5 CONDITIONTO RREEARE THIs MAR AND THEREFORE
REs ENGINEERING 5 ENVIRONMENTAL OUALIFIEs THE MARs ACCURACV AND CDMRLETEN-Ess TO THAT ExTENT.
LEGAL DESCRIPTION
THAT RORTION OE LOT 1 SHDRT RLAT 2T:DDIs ACCORDING TO THE sURVEV THEREOE As RECORDED IN VOLUME I
OF sHORT RLATs RAGE Tss RECORDs OF FRANKLINCOUNTV,wAsHINGTON.AND THAT RORTION OF RARCEL D As
sHOwN ON RECORD DE suRVEV RECORDED IN VOLUME 2 OF SURVEYS‘RAGE 142 AND THAT RORTION OF RARCEL
2 OF RECORD OF sURVEV RECORDED IN VOLUME 3 DE sURVEVs,RAGE 2n3.RECORD:OF FRANKLIN COUNTV
WASHINGTON‘ALL BEING IN THE sOUTHEAsT OUARTER OF SECTION IT TOwNsHIR 9 NORTH‘RANGE 29 EASTI
w M DESCRIBED As FOLLOws
COMMENCINGAT THE sOUTHEAsT CORNER OE sAID sECTION IT.THENCE ALONG THE EAST LINE OF sAID
sECTION I1 NORTH I12"I1‘U1“EAST FOR 978 47 EEETITHENCE NORTH sa'ou3s‘wEsT FOR ZI7942 FEET TO THE
TRUE ROINT OF BEGINNING THENCE ALONG THE wEsT LINE OF sAID LOT 2 NORTH D2‘II'DI EAsT EOR 253 OD FEET
TO THE NORTHwEsT CORNER OF LOT 2 OF sAID sHORT RLAT 2DI7E—1STHENCE GOUTH 5a’uD'35 EAsT FOR I59 42
FEET TO THE NORTHEAGT CORNER OE sAID LOT 2 AND THE sOUTHEAsT CORNER OF LOT ‘I SAID sHORT RLATAND
THE WESTERLY RIGHT OF wAV MARGIN OE ROAD B4,THENCE ALONG sAID RIGHT OFVVAV MARGIN AND EAST LINE
OF sAID LOT I NORTH D2‘I1'D1'EAsT EOR 435 ED FEET‘THENCE LEAVING sAID EAsT LINEAND RIGHT OF wAV
MARGIN NORTH BE°DD‘36'wEsT FOR ADs.22 FEET,THENCE sOuTH I)I'§3Zr1’wEsT FOR Tag 30 FEET THENCE
NORTH EE“n0‘3s“wEsT FOR 35 as FEET TO THE sTART OF A an on FOOT RADIUS NONJANGENT CURVE [RADIUS
ROINT BEARS GOUTH 0I‘59‘2A"wEsTI.THENCE sOUTHwEsT ALONG sAID CURVE THROUGH A CENTRAL ANGLE OF
DI-2934 AN ARC LENGTH OF TI.I2 FEET THENCE LEAVING sAID CURVE NORTH 79-new WEST FOR 1::aI FEET‘
THENCE NORTH B9'2E‘5I“WEST FOR as 55 FEET TO THE wEsT LINE OF RARCEL C As sHOwN ON RECORD OF
sURVEV RECORDED IN VOLUME 2 OF sURVEVs RAGE 142 RECORDs OF FRANKLINCOUNTV wAsHINGTON THENCE
ALONG THE ROUNDARV OF sAID RARCEL C THE FOLLOWING COURsEs AND DIsTANCEs SOUTH um:45'wEsT FOR
191 D5 FEET THENCE sOUTH S8'UD‘36‘EAsT EOR ea 52 FEET‘THENCE SOUTH U2’I3‘?2“wEsT FOR 319.15 FEET TO
THE soUTHwEsT CORNER OE sAID RARCEL C,THENCE ALONG THE EOUTH LINE OF sAID PARCEL C AND sOuTH
LINE OE RARCEL E OF sAID RECORD OE GURVEV sOUTH arouse’EAsT FOR A72 E4 FEET TO THE TRUE ROINT OF
EEGINNING
FRANKLIN COUNTY PUBLIC UTILITY DISTRICT NOTE:
THE INDIVIDUAL OR COMRANVMAKING IMPROVEMENTS ON A LOT OR LOTs OF THIs RLAT Is REsRONsIDLE FOR
PROVIDING AND INsTALLING ALL TRENCH‘CONDUITIRRIMARVVAULTs sECONDARv JUNCTION BOXES ,AND
EACKFILL FOR THE PLID‘SRRIMARVAND GECONDARV DISTRIBUTIONsVsTEM IN ACCORDANCE VVITHRUD
SPECIFICATIONS‘sAID INDIVIDUALOR COMRANV WILLMAKE FULL ADVANCE RAVMENTOF LINE ExTENsION FEEs
AND WILL RROVIDE ALL NECEGsARV UTILITV EASENIENTS RRIOR TO FUD CONSTRUCTION ANDIOR CONNECTION OF
ANV ELECTRICALsERVICE TO OR wITHIN THE RLAT.
CITY OF PASCD REQUIRED NOTES:
1)sTREETADDREssEs FOR EACH LOT wILL BE DETERMINED EV THE CITV OF RAsCO AT THE TIME EUILDING
RERMITs ARE IssUED
2.;A RUELIC UTILITY EASENIENTIs HEREDV DEDICATED OVER.UNDER AND URON THE FRONT ID EEET OF ALL
LOTS‘ADJACENT I;RARALLELTO ALL STREETS FOR THE INsTALLATION.CONSTRUCTION‘RENEWINGI
ORERATING AND MAINTENANCEOF ALL UTILITIEs WITHIN THIs EAsEMENT
DEDICATION
wE,THE UNDERsIGNED‘MARIONa GERVADINE HUGHEs.TRUsTEEG FOR THE NUGHEs LIVINGTRUsT.HERERV
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AGENDA REPORT
FOR: City Council January 5, 2018
TO: Dave Zabell, City Manager
Rick White, Director
Community & Economic Development
Regular Meeting: 1/16/18
FROM: Darcy Bourcier, Planner I
Community & Economic Development
SUBJECT: Dedication Deed: Right-of-Way for a Portion of Sunset Trail (MF# DEED
2017-010)
I. REFERENCE(S):
Overview Map
Vicinity Map
Dedication Deed
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to accept the deed from Jeffery Tucksen and Poppi Raymen for a
portion of the Sunset Trail right-of-way.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
In December of 2017, the applicants had applied for a building permit to construct a
detached garage. As a condition of permit approval they are required to dedicate (per
Resolution 1372) the necessary right-of-way for Sunset Trail abutting their lot
(approximately 30' in width and 319' in length).
V. DISCUSSION:
The applicants' property was annexed into the City in 2015, but the necessary right -of-
way had not been dedicated for Sunset Trail at that time. Currently, a portion of the
northern 30' of Sunset Trail lies on the applicants' property. When applicants apply for
permits to develop property, necessary right-of-way must be dedicated in order to
ensure public access. Through this dedication process, the City is able provide standard
Page 25 of 143
city infrastructure within the urban area, even though portions of the City are currently
served with substandard roads and in some cases utilities.
Page 26 of 143
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CN ES/Airbus DS, USDA, U SGS,AeroGRID, IGN, and the GIS User Community
OverviewMap
Item: Dedication ROW for Sunset TrailApplicant: Jeffery TucksenFile #: DEED 2017-010 ±
SITE
S u n s e t T r a i lRoad 96Road 92FCID Irrigation Canal
Page 27 of 143
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CN ES/Airbus DS, USDA, U SGS,AeroGRID, IGN, and the GIS User Community
VicinityMap
Item: Dedication ROW for Sunset TrailApplicant: Jeffery TucksenFile #: DEED 2017-010 ±
SITE
S u n s e t T r a ilPage 28 of 143
After Recording,Return To:
City of Pasco,Washington
Attn:City Planner
525 North 3'“
Pasco,WA 99301
Parcel #118080041
DEDICATION DEED
THE GRANTOR(S),JEFFERY L.TUCKSEN and POPPI R.RAYMEN,by
donation pursuant to RCW 35A.79.010,dedicates,conveys and quit claims to the
GRANTEE,THE CITY OF PASCO,21Municipal Corporation of the State of Washington,
for the public use,as a public right-of—way,all interest in the land described as follows:
The south 30 feet of the following described parcel:
A tract of land located in the West Half of Section 17,Township 9 North,
Range 29 East,W.M.,described as follows:
Beginning at the center of said Section 17;Thence South 2°1 8’04”West
along the North-South centerline of said Section 17,a distance of 165.28
feet;Thence North 88°24’03”West,a distance of 348.16 feet to the True
Point of Beginning;Thence continuing North 88°24’03”West,a distance of
78.57 feet to the True Point of curve of a curve to the left,whose long chord
bears South 83°31’31”West,240.45 feet,a distance of241.25 feet;thence
North 4°37’43”East,a distance of 49628 feet;Thence North 2°44’00”East,
a distance of 302.58 feet to the South Boundary of Franklin County
Irrigation District Canal;Thence South 72°l 1’30”East along said South
boundary a distance of 304.87 feet;thence South 2°18’04”West,a distance
of 679.32 feet to the True Point ofBeginning.
at
DATED this {U day of DQCCv\al)€F2017.
GRANTOR(S)
Owner(s)
D6d]'(‘5:%tl0nDeed-1 (118080041)
Page 29 of 143
STATE OF WASHINGTON )
2 ss.
County of Franklin )
On this [UMday of D—QC‘€Mi9<V,2012:before me,the undersigned,duly
commissioned and sworn,personally appeared Sac‘/W11clL\<L31"»7/%;K[3~.m>I,$)me known to be
indiVidua1(s)described above and who executed the within and foregoing instrument as
owner(s)of record,and acknowledged to me that he/she(t17e§signed the same as his/h
free and voluntary act and deed,for the uses and purposes therein mentioned,and on oath
stated that he/shei are authorized to execute the said instrument.
.«Ma
GIVEN under by handand official se 1t is ii!gyofDercwzbéz ,2017.
0 ~
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OTARY ]i’UBLICinand for theState of WashingtonDANIELL.EVEARTS
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Dedication Deed -2 (118080041)
Page 30 of 143
AGENDA REPORT
FOR: City Council January 9, 2018
TO: Dave Zabell, City Manager Regular Meeting: 1/16/18
FROM: Rick White, Director
Community & Economic Development
SUBJECT: CDBG Program Section 108 Guaranteed Loan Program (MF# BGAP 2017-
007)
I. REFERENCE(S):
Resolution 3787
Staff Memo to Planning Commission: 12/14/17
Section 108 Draft Application
Planning Commission Minutes: 12/21/17
Proposed Resolution - Authorizing Formal Submittal
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
CONDUCT PUBLIC HEARING
MOTION: I move to approve Resolution _____, authorizing the submission of
application and agreement and certifications to the US Department of Housing and
Urban Development for the Section 108 Loan Guarantee Program.
III. FISCAL IMPACT:
Potential impact to future annual CDBG allocations.
IV. HISTORY AND FACTS BRIEF:
The Department of Housing and Urban Development (HUD) has established the
Section 108 Loan Guarantee Program ("Program") in order to provide below market
rate loans for qualified projects that serve the needs of low and moderate income
persons. This program is critical towards funding important pieces of Downtown
Revitalization. As an Entitlement Grantee receiving funds through the HUD
Community Development Block Grant Program (CDBG), the City of Pasco meets the
criteria to participate in the Program.
Pasco may borrow up to five times our annual CDBG grant, enabling us to maximize
Page 31 of 143
the impact of available public funds. Section 108 is a loan guarantee program, not a
grant. It offers lower rates both variable and fixed, and flexible repayment terms to
meet specific needs and can provide funding to finance a wide variety of eligible
activities. The maximum Section 108 loan capacity would be $3,475,000, based on our
program year 2017 award of $695,000.
Our CDBG entitlement annual allocation would be pledged - possibly in addition with
other collateral. Repayment of the loan would be over twenty (20) years. Loan
repayment may be made from program income or from the CDBG annual entitlement.
If the loan were repaid strictly from the CDBG entitlement funds, the annual allocation
typically awarded by Council for infrastructure projects would be reduced for the
amount of the loan repayment. For example, instead of allocatin g $200,000 each year
for the next five (5) years for infrastructure projects, the total amount of $1,000,000
may be used to complete projects in one year, and repaid over time.
City Council approved Resolution 3787 in September of 2017 authorizing staff to
begin the Section 108 Program application.
On December 21, 2017 the Planning Commission conducted the first of two required
public hearings on the Program and has recommended Council approve the Section
108 Program for the revitalization efforts focused on the Pasco Farmers Market and
Peanuts Park.
Council reviewed the Section 108 Program purpose and requirements at the Council
Workshop of January 8, 2018.
V. DISCUSSION:
Eligibility for the Section 108 program is substantially the same as participation in
CDBG. Proposed projects must be eligible activities per 24 CFR 570 and meet
National Objectives (24 CFR 570.208) such as job creation/retention, area benefit, and
housing.
The Downtown Revitalization Plan and Peanuts Park renovation projects are eligible
activities which would qualify as area benefit. Purchasing a vacant building for the
purpose of renting space to a small business would qualify as low-moderate job
creation.
The Section 108 Program can be a strong tool for economic revitalization of the Pasco
Downtown. Staff has begun work on policies and procedures for the Section 108 Loan
Guarantee Program following the individual project application process below:
Step 1. Evaluate potential project in terms of community strategy
Step 2. Determine whether proposed use of funds is eligible under the program
Step 3. Underwrite project(s) for financial feasibility
Page 32 of 143
Step 4. Complete citizen participation process and local review
Step 5. Application Submission and HUD Approval
Step 6. Issuance of the loan guarantee
City Council must conduct the second required public hearing on the Section 108
Program in accord with federal requirements. Once conducted, staff requests Council
approval of the Resolution formally authorizing submittal of the application. The City
Manager has been previously authorized to sign the appropriate documents associated
with the CDBG Program.
Page 33 of 143
RESOLUTION NO. -2.)
A RESOLUTION establishing the Section 108 Loan Guarantee Program and authorizing
application to U.S. Department of Housing and Urban Development.
WHEREAS, the City of Pasco has qualified as a Community Development Block Grant (CDBG)
Entitlement jurisdiction in 1998; and
WHEREAS, the City's status as a CDBG Entitlement grantee allows it to borrow U.S.
Department of Housing and Urban Development (HUD) Section 108 Loan Guarantee funds; and
WHEREAS, a CDBG Entitlement grantee may borrow up to five times its annual CDBG
allocation through the HUD Section 108 Loan Guarantee program; and
WHEREAS, based on the 2017 CDBG entitlement of $695,000, maximum loan capacity is
3,475,000; and
Now, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO:
Section 1. The City Council directs the City Manager to develop and maintain administrative
policies procedures establishing a HUD Section 108 Loan Guarantee Program.
Section 2. The Staff shall administer the Section 108 application process in compliance with HUD
Section 108 guidelines and shall focus on economic opportunities and community infrastructure projects
within the downtown revitalization area.
PASSED by the City Council of the City of Pasco this (5;% day of e Ie -In bel-, 2017
Matt Watkins
Mayor
ATT ST: AP D AS TO FORM:
Daniela Erickson Leland B. Kerr
City Clerk City Attorney
Page 34 of 143
MEMORANDUM
DATE:December 14, 2017
TO:Planning Commission
FROM:Angela R. Pitman, Block Grant Administrator
SUBJECT: COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
SECTION 108 GUARANTEED LOAN PROGRAM APPLICATION
(MF# BGAP2017-007)
Reference: 1) Draft Section 108 Application
Background
The Department of Housing the Department of Housing and Urban Development (HUD) has established
the Section 108 Loan Guarantee Program ("Program") in order to provide below-market rate loans for
qualified projects that serve the needs of low and moderate income persons. The City of Pasco meets the
criteria to participate in the Program as a Grantee, receiving funds through the HUD Community
Development Block Grant Program (CDBG). City Council approved participation in the Peanuts Park
Renovation project that is partially funded with CDBG funds. The project will substantial benefit low and
moderate income persons in east and central Pasco. Together with other improvements, the Peanuts Park
renovation project is expected stimulate economic growth in the Downtown Revitalization area, and
create jobs for low and moderate income persons.
Estimated Funds Available
Recipients may borrow up to five times their annual CDBG grant, enabling them to maximize the impact
of available public funds by leveraging grant resources into private loans. Section 108 is a loan guarantee
program, not a grant. It offers lower rates both variable and fixed, and flexible repayment terms to meet
project-specific needs and provides funding to finance a wide variety of eligible activities. The maximum
Section 108 loan capacity would be $3,475,000, based on the program year 2017 award of $695,000.
Citizen Participation
Application for Section 108 was included in the 2017 Annual Action Plan without the loan amount;
therefore, an amendment is needed to update the plan to reflect the requested Section 108 loan
application. A display advertisement was published in the local section of the Tri-City Herald on
December 1 and 10, and in Spanish in Tu Decides on December 1 and 9 notifying the public of this
Public Hearing before the Planning Commission on December 21, 2017. The publication also initiated the
public comment period beginning December 15, 2017 and ending January 16, 2018. A copy of the draft
Section 108 Application was made available at the Planning Department, public libraries and Housing
Authorities as well as on the city’s website.
Application
The City of Pasco proposes to submit the draft application (Reference 1) for the Section 108 Guaranteed
Loan Program to HUD. The draft application proposes to establish an Economic & Community
Development Loan Pool to benefit the revitalization of Downtown Pasco and surrounding neighborhoods.
The loan pool may be used for area wide infrastructure improvements, as well as provide loans to
for-profit businesses. The application must include a repayment schedule and security (CDBG funds,
additional loan security) for loan repayment. If approved, HUD will issue a federal guarantee for the note
to an approved Lender/Investor upon approval which serves as loan commitment to the application.
Page 35 of 143
Loan Amount
The requested loan amount for the City is as follows:
Program HUD Allocation Program Income Total
Section 108 Loan
Guarantee
$3,475,000
Requested
To be determined $3,475,000
Requested
Projects
The City of Pasco will propose projects expected to be performed or completed with the loan and
estimated accomplishments upon completion of the projects. As projects are initiated, the City would
request advances or reimbursements (drawdowns from the line of credit). All program income received
will be used to make repayment to the line of credit. In the case of infrastructure projects where program
income is not received, the City will be using CDBG funding to repay the Section108 activities.
The first project proposed in the fund is the redevelopment of the Pasco Farmers Market, Peanuts Park
and related infrastructure. The projected loan amount for the first project is $2,500,000, subject to HUD
eligibility and underwriting.
Eligibility and National Objective
Eligibility for the Section 108 program is the substantially the same as participation in CDBG. All
projects must meet Eligibility and National Objective requirements specified in 24 CFR 570. The first
project proposed meets eligibility requirements under HUD Matrix Code 03F Park, Recreational Facility
improvements [24 CFR 570.200 and 24 CFR 570.703(b)] and National Objectives under Low-Moderate
Area Benefit (24 CFR 570.208(a)(1)).
Examples of project National Objective beneficiaries:
Low-mod Housing (LMH) - $1.5 million in guaranteed funds used for rehabilitation of housing
units (LMH). Units will be occupied by low-moderate households.
Low-moderate Jobs (LMJ) - $1.3 million in guaranteed funds used to provide loans to small
businesses, and $220K to micro-borrowers; businesses expect to create or retain 44 full-time
equivalent jobs.
Low-moderate Jobs (LMJ) - $15.1 million in guaranteed 3rd party loans to businesses (e.g. for-
profit business manufacturing cosmetics and skin care products, created 700 jobs, and leveraged
$17.2 million in private investment.
Low-moderate Clientele (LMC) - $1.6 million in permanent financing to leverage $2.4 million
for construction of an education center, one of three built in a high poverty area of the city for to
low income clientele.
Low-moderate Area (LMA) - $6 million in guaranteed loan funds for rehabilitation of an existing
public facility that is no longer adequate to meet community needs, construction of multi-purpose
recreation center located in an area serving population that is >60% LMI.
Elimination of Slum & Blight – served as catalyst for redevelopment of entire neighborhood,
dilapidated, deteriorated buildings and structures, soil and groundwater contamination. Produced
227,000 sf of retail space and 27,000 sf of restaurant space. Slum & Blight must be designated by
Council.
Activities must primarily benefit low-moderate income (70% LMI Benefit), and meet applicable public
benefit standards (such as no more than $10,000 per job created for business providing services to low-
moderate income areas, or $35,000 per job created for business creating jobs available to or held by low-
moderate income persons).
Page 36 of 143
Other regulatory requirements applicable to projects include Procurement, Environmental Review,
Uniform Administrative Requirements (2 CFR 200), Labor Compliance (Davis Bacon), Relocation
(URA), Fair Housing, and Lead Based Paint.
Loan Guarantee Financing Fee
In FY 2016, HUD regulations were changed to add a one time, upfront cost that is not annual and not
added into the interest rate of the loan. The fee may be financed as part of the guaranteed loan and paid
for with CDBG or another source of funding. The 2017 fee is 2.59% of the principal; for a loan of $2.5
million, this fee would be $64,750.
Discussion
The Planning Commission should evaluate the Section 108 Application and provide staff direction to
formulate a recommendation for City Council.
The Section 108 Program is a strong tool for economic revitalization. Proposed schedule for meeting
requirements to apply for HUD Section 108 Loan Guarantee is as follows:
1. Completion of a Citizen Participation Process – January 16, 2018
2. Council Approval of Section 108 Application – January 16, 2018
3. Submittal to HUD – January 18, 2018
The City Staff would like to thank the members of the Planning Commission for your time and assistance.
MOTION: I move the Planning Commission close the public hearing and recommend the City Council
approve the Section 108 Loan Guarantee pre-application and proposed use of funds for the Peanuts Park
Renovation/Farmers Market Redevelopment and Infrastructure Project.
Page 37 of 143
CITY OF PASCO
APPLICATION FOR LOAN GUARANTEE
FROM
U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
FOR AN
ECONOMIC AND COMMUNITY DEVELOPMENT LOAN FUND
IN THE AMOUNT OF $3,475,000
December 2017
Page 38 of 143
ECONOMIC DEVELOPMENT LOAN FUND
PASCO, WASHINGTON
Project Description
The purpose of this Section 108 application is to assist with economic and community
development activities in the City of Pasco. The guaranteed loan funds will be used to create a
loan pool targeted to projects that will have positive economic and community development
benefits within East Pasco's neighborhood business district. Individual projects will be
evaluated by City of Pasco's staff, as well as by consultant experts in financial
underwriting.
The City has identified two projects that will likely make use of this fund. The first of these,
the Pasco Plaza Mercado (Market Plaza), is located on 4th Avenue between Lewis and
Columbia Streets. The project includes renovation of the Pasco Farmers Market
Pavilion, as well Peanuts Park. The Pasco Farmers Market celebrates its 30th
Anniversary in 2018, and is a community resource and gathering place for a lower
income, predominately minority community. The second project is the replacement of
deteriorated sidewalks and installation of pedestrian amenities that connect the Market
Plaza to the surrounding neighborhoods. The Section 108 loans for both of these
projects will be debt serviced with CDBG funds.
Section 108 Submission Requirements
A.Community Development Objectives
The Section 108 loan fund will result in lending for economic and community
development in Pasco. This activity will further the City of Pasco's Economic
Development Goals as listed in the City's Consolidated Plan, all of which are
applicable.
Policies
B.Description of how the Proposal meets one of the Criteria in 24 CFR 570.200(a)(2) -
National Objectives.
Section 570.200(a)(2) lists the National Objectives that must be met by all Community
Development Block Grants and therefore Section 108 projects. This section requires that
all funded activities meet one of three national objectives. These objectives are: 1)
benefit to low and moderate income families; 2) aid in the prevention or elimination of
slums or blight; and 3) meeting other community development needs having a particular
urgency because existing conditions pose a serious and immediate threat to the health or
welfare of the community where other financial resources are not available. Section
570.208 defines the criteria under which an activity may meet the requirements of
Section 570.200(a)(2). Each project funded through the Section 108 loan fund will meet
one of the National Objectives listed in Section 570.200(a)(2) as detailed in Section
570.208.
The City of Pasco's Section 108 loan fund will create jobs for low and moderate
income persons, provide services to low income areas, provide infrastructure to create
housing opportunities for low income individuals, and/or eliminate conditions of blight as
defined in Section 570.208.Page 39 of 143
C.Community Development Block Grant Eligibility
In addition to furthering National Objectives, all Section 108 loans must also meet the
eligibility requirements of the Community Development Block Grant program. All
activities funded through the City of Pasco's Section 108 loan fund will meet the
program eligibility requirements as set forth in Sections 570.201, .202, .203, or .204.
The two projects currently identified meet the eligibility requirements of Section
570.20l(c). Under 570.201(c), the City can undertake public facilities and improvements
through: "Acquisition, construction, reconstruction, rehabilitation or installation of public
facilities and improvements, except as provided in Section 570.207(a)."
Section 570.207(a) excludes "buildings or portions thereof, used for the general conduct
of government, general governmental expenses and political activities." None of the
projects to be assisted with Section 108 proceeds will include buildings used for the
general conduct of government, general governmental expenses, nor for political activity.
If the City identifies activities under Section 570.203, it will insure that those activities
additional comply with Section 570.209
Section 570.209 Guidelines
Guidelines and Objectives for Evaluating Project Costs and Financial
Requirements.
All activities eligible under Section 570.203 must meet the requirements of Section
570.209. This section outlines guidelines for ensuring that a proposed project carries out an
economic development objective in an appropriate manner. These guidelines under
570.209(a) are not mandatory but serve as a framework for financially underwriting
economic development projects.
In evaluating proposed projects eligible under Section 570.203 and to be funded from the
Section 108 Economic and Community Development Loan Fund, the City of Pasco will
use the following criteria.
Project Management
The City of Pasco, Department of Community and Economic Development (DCED) will
administer the fund. DCED will underwrite all loans. Should a project to assist a for
profit business emerge as a candidate for loan funding, the city will use an
experienced consultant to advise on project feasibility.
Underwriting Standards for City of Pasco Section 108 Loan Fund
1.National Objective
All loans shall meet a national objective as specified in 24 CFR 570.208. No loan
shall be approved without verification of compliance with the national objective
requirements, specified in 24 CFR 570.208, by the Washington State Office of the
United States Department of Housing and Urban Development.
Page 40 of 143
2.Eligibility
In addition to meeting one of the program's National Objectives, all projects
assisted through the loan fund must fall within one of the eligible activities listed in
570.703.
3.Guidelines for evaluating and selecting economic development projects
For all activities eligible under 570.703(i), economic development activities, the
project will be required to meet the guidelines listed under 570.209: Guidelines for
evaluating and selecting economic development projects. No loan shall be
approved without verification of compliance with the public benefit standards as
specified in 24 CFR 570.209(b) by the Washington State Office of the United
States Department of Housing and Urban Development.
4.Financial Underwriting
In loan underwriting the City shall adhere to the following criteria.
a.Real Estate Loans
Real Estate Loans shall be evaluated based on:
Ability to Repay
Collateral
Development Team Capacity and Experience
Developer Commitment
Character of the Developer
Ability to Repay:
Projects to be funded will have at least a 1.1 projected debt
coverage ratio. If the project includes more than a small
percentage of its rental income from start-up or financially weak
tenants then a higher debt coverage ratio shall be required.
Collateral:
Projects to be funded should have a loan to value ratio of not
greater than 80 percent. This value must be supported by an
appraisal prior to funding. If greater than an 80 percent loan to
value ratio is proposed, outside collateral sufficient to provide an 80
percent loan to value shall be required. In certain cases outside
guarantees may suffice for additional collateral.
Development Team Capacity and Experience:
Projects funded shall have a development team that has both the
capacity and experience to complete the project as demonstrated by
past projects and financial strength.
Developer Commitment:
Developer commitment can take many forms. While each project is Page 41 of 143
likely to be different, the forms of developer commitment that can
be expected include: adequate equity, guarantees of completion,
guarantees to fund shortfalls or guarantees of minimum cash flow.
Character:
Projects to be funded should have developers with good credit
histories, demonstrated integrity, and quality references.
b.Business Loans
Business Loans shall be evaluated based on:
Ability to Repay
Collateral
Guarantees Financial
Strength
Management Experience
Character of the Principals
Ability to Repay:
All businesses funded with the program shall have existing cash
flow (profits after tax, plus depreciation, plus excess officers
income, plus rent savings if applicable) sufficient to repay the loan.
Projections must be supported by strong evidence that they will
materialize.
Collateral:
All business loans must be supported by collateral. Real Estate
must be supported by an appraisal and will be generally accepted up
to 80 percent of its value. Machinery and equipment, depending
on its nature, will be accepted from 40 percent to 60 percent of its
fair market value. Accounts receivable and inventory will normally be
used to secure operating debt and will generally not be taken as
collateral. Outside collateral, such as personal residences, shall
be valued up to 80 percent of their fair market value net of existing
debt.
Guarantees:
All principals with 20 percent or more or a controlling interest, if
less than 20 percent, shall provide personal guarantees.
Financial Strength:
Three years of financial statements on the business, plus a personal
financial statement on all principals of the business shall be
analyzed to determine if the company is well run and has the
ability to manage its accounts and pay its obligations.
Page 42 of 143
Management Experience:
The management must have experience in the business or in a
similar business, be able to demonstrate an ability to manage, and
have the depth in management to withstand unforeseen transitions.
Character of the Principals:
The personal financial statements and credit history of the
principals must demonstrate honesty and trustworthiness.
D.Eligibility under 24 CFR 570.703
Each of the projects to be assisted with Section 108 guaranteed loan funds and Economic
Development Incentive grant funds must meet one of the eligibility requirements listed in
24 CFR 570.703. The initial two projects detailed in this application are eligible under
570. 703(1): Acquisition, construction, reconstruction, rehabilitation, or installation of
public facilities (except for buildings for the general conduct of government), public
streets, sidewalks and other site improvements and public utilities. Other projects to be
funded under the program may also qualify under 570.703(a)(b)(c)(d)(e)(f)(h)&(l).
c.Substitution of CDBG funds for Private Sources
City staff assisted by consultants will review all projects to ensure that
each loan minimizes the use of CDBG funds. It is in the City of Pasco's
self interest to insure that there is no substitution of CDBG funding for
non-federal funding. Given the limited availability of federal funds, the
city staff will work diligently to maximize the use of private, non-federal
funding in all projects.
All projects will be reviewed to ensure that private sources of financing
have been maximized and that the rate of return on equity is reasonable
and within general standards.
E.A Description of the Pledge of CDBG Guarantee
The City of Pasco understands that if the participants in this Section 108 loan fund fail
to make timely payments and the City of Pasco therefore fails to make a required
payment on its notes, HUD will deduct that payment from the City of Pasco's CDBG
Letter of Credit. In accepting this loan guarantee, the City of Pasco has pledged its
CDBG funds and all other applicable grants as security for the guarantee. (Please refer to
Attachment A - Certifications.)
Page 43 of 143
In requesting approval of this loan guarantee fund the City of Pasco is requesting a
commitment for a 20-year term. The principal repayment term will be determined for
each loan at time of closing.
F.Certifications
The City of Pasco will comply with all certification required under 570.704.
Page 44 of 143
Schedule for Repayment of the Loan
The applic ant must provide the f unding matrix s how n below , listing each pr ogram or program component f or w hic h HUD f unding is being r eques ted
and submit this inf ormation w ith the application f or f ederal f inancial as sistance.
Grant Program* HUD Matching Other HUD Other Federal State Local/Tribal Other Program Total
Shar e Funds Funds Share Share Share Funds Inc ome
Sectio n 108 Ec o no m ic
D ev elo pm ent Lo an Fund
City of Pas co 3,475,000.00$ 3,475,000.00$
Gr and Totals
3,475,000.00$ 3,475,000.00$
Page 45 of 143
Page 46 of 143
0MB Approval No. 2501-0017 (exp. 03/31/2011)
HUD-424-M Funding Matrix
The applicant must provide the funding matrix shown below, listing each program or program component for which HUD funding is being requested
and submit this information with the application for federal financial assistance.
Grant Program·
Section 108 Economic
Development Loan Fund $3,352,180 $3,352,180
City of Pasco. A
Grand Totals
$3,352,180 $3,352,180
Page 1 of2
form HUD-424-M (03/2003)
HUD Matching Other HUD Other Federa State Local/Tribal Other Program Total
Share Funds Funds Share Share Share Funds Income
Page 47 of 143
PLANNING COMMISSION MINUTES
12/21/2017
PUBLIC HEARING:
F. Block Grant Section 108 Loan Program Application - CDBG
Chairman Cruz read the master file number and asked for comments from staff.
Michael Morales, Economic Development Program Manager, discussed the Section 108
Loan Program Application for block grant funds. Mr. Morales reminded the
Commission that this item had been discussed in a workshop during the previous
Planning Commission meeting. He explained that this will be the City’s first effort in
pursuing this program as an entitlement community. It is a loan guarantee provision
of the Block Grant program and the Planning Commission is the advisory board for
that program with the city. The program is a tool that was developed as a way for
cities to leverage their CDBG funds. The City is eligible to borrow up to five times its
annual entitlement amount and at this time that number sits at approximately 3.3
million dollars.
These loan projects, Mr. Morales says, must meet all the rules, public benefit, and
national objectives as CDBG. CDBG is always the backstop as loan security for these
loans, first and foremost there are always typical real estate collateral personal
guarantees involved when one is dealing with the private sector. Where a city takes
out a public facilities project, there is still some negotiation with HUD that takes
account of what the cost benefit will be and what sort of collateral the city will be able
to provide. In this case, Pasco is fortunate that it has a number of properties around
the community, and HUD is typically flexible about being subordinate to senior loans.
Mr. Morales goes on to say that in the last decade, cities began establishing loan pools
as a way to put a marker on the amount of Section 108 dollars. Each project is
individually underwritten to take to HUD for future approval. In this particular case,
the City would be moving forward in establishing a 3.3 million dollar pool and then
pursuing a public facilities project in the downtown area as its first project. The City is
looking to make a number of improvements in the downtown core area to help it better
position itself as a place for regional events and tourism. Projects like the Lewis Street
overpass will help drive investment in downtown, so it could be timely for the City to
leverage those investments for additional grant dollars. The initial focus area is
between Clark Street and Columbia Street, north and south, and between 2nd Avenue
and 4th Avenue on the east and west. The goal is to make the downtown area more
pedestrian, tourist, and family friendly by offering different amenities. Repurposing
underutilized buildings and working with existing or new property owners gives Pasco
a little more flare. One of the first projects the City would be proposing is a market
plaza, which will build upon the repurposing and rebranding of Peanuts Park as well
as the North Promenade. Mr. Morales then discusses the design layout of the said
Market Plaza and the reimagination of Peanuts Park.
The City will follow with a financing piece for the Plaza. It is estimated that the Plaza
Page 48 of 143
will be budgeted in the 5 to 6 million dollar range.
Chairman Cruz asked the Commission if there were any questions.
Commissioner Portugal stated that in the past, locating electrical outlets was a
challenge and asked if that would be addressed.
Mr. Morales assured the Commission this would be addressed and also stated that
where and how they are utilized is important.
Commissioner Mendez asked where the rest of the funding is going to come from if the
project will cost 6 million dollars.
Mr. Morales responded that the City has submitted as capital budget request to the
State Legislature in the last two sessions and is also looking at additional grant
resources. The City is also considering naming rights as a possibility for the Famers
Market.
With no further questions or comments the public hearing was closed.
Commissioner Campos moved, seconded by Commissioner Bykonen, to close the
hearing on the Section 108 Loan Program Application and recommend the City
Council approve the Section 108 Loan Guarantee pre-application and proposed used
of funds for the Peanuts Park Renovation/Farmers Market Redevelopment and
Infrastructure Project. The motion passed unanimously.
Page 49 of 143
RESOLUTION NO. _________
RESOLUTION OF THE PASCO CITY COUNCIL AUTHORIZING THE SUBMISSION
OF APPLICATION AND AGREEMENT TO CERTIFICATIONS TO THE US DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT FOR SECTION 108 LOAN GUARANTEE
PROGRAM
WHEREAS, the City of Pasco has identified opportunities for redevelopment consistent with the
CDBG Entitlement and Section 108 Loan Guarantee programs; and
WHEREAS, public hearings were held on December 21, 2017 and January 16, 2018 to discuss
community and economic development and housing needs, and
WHEREAS, Section 108 loan funds will be used for the redevelopment of the Pasco Farmers
Market, Peanuts Park and related infrastructure. The projected loan amount for the first project is
$2,500,000, subject to HUD eligibility and underwriting; and
WHEREAS, the City Manager is the designated Certifying Official, authorized to sign and
submit applications and certifications to the U.S. Department of Housing and Urban Development on
behalf of the City of Pasco and to act on behalf of the City of Pasco in regard to the applications, and to
provide such additional information as may be required.
Now, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO:
Authorizes an application to HUD be submitted in the City of Pasco’s name for $3.475 million in
Section 108 loan funds to be used for redevelopment activities that benefit low- and moderate-income
persons.
PASSED by the City Council of the City of Pasco this _____day of _______________, 2018
_____________________________
Matt Watkins
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Daniela Erickson Leland B. Kerr
City Clerk City Attorney
Page 50 of 143
AGENDA REPORT
FOR: City Council January 8, 2018
TO: Dave Zabell, City Manager
Rick White, Director
Community & Economic Development
Regular Meeting: 1/16/18
FROM: Jeff Adams, Associate Planner
Community & Economic Development
SUBJECT: Sharma Rezone from R-1 to R-4 (MF #Z 2017-007)
I. REFERENCE(S):
Vicinity Map
Proposed Ordinance
Report to Planning Commission
Planning Commission Minutes: Dated 11/16/2017 and 12/21/2017
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to adopt Ordinance No. ______, rezoning Tax Parcel #115-180-064
from R-1 (Low Density Residential) to R-4 (High Density Residential), and further,
authorize publication by summary only.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
On November 16, 2017 the Planning Commission conducted a public hearing to
determine whether or not to recommend rezoning parcel parcel #115-180-064 from R-1
to R-4 located at the northwest corner of Broadmoor Blvd. and Burns Road.
Following the conduct of a public hearing, the Planning Commission reasoned it would
be appropriate to rezone the property and recommended approval of the requested
rezone.
No written appeal of the Planning Commission's recommendation was received.
Page 51 of 143
V. DISCUSSION:
The site was designated for low-density residential development in the Comprehensive
Plan up until December of 2016 when it was reclassified for High Density Residential
development through Ordinance 4327.
The High-Density classification as described in the Comprehensive Plan permits the
development of “multiple-unit apartments or condominiums at a density exceeding 20
units per acre.” Criteria for allocation of this High-Density Residential designation
include 1) sewer availability, 2) being a transition area between more intense uses and
low density uses, 3) market demand, and 4) location on or near circulation routes.
The rezone request will precede any request for project permitting. Currently the Cit y
is accomplishing planning and engineering work for extension of a sewer backbone
network to serve the Broadmoor area. This effort is expected to conclude this year with
installation of the first phase sewer trunk line in 2019.
Page 52 of 143
Item: Rezone R-1 to R-4Applicant: Ashok & Vijay SharmaFile #: Z 2017-007 Vicinity MapSITE0 150 300 450 600 750FeetPage 53 of 143
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON REZONING THE S ½
OF THE SE ¼ OF THE SE ¼ OF SECTION 6 TOWNSHIP 9 RANGE 29, EXCEPT A
PORTION FOR COUNTY ROAD ROW (TAX PARCEL #115180064), FROM R-1 (LOW-
DENSITY RESIDENTIAL) TO R-4 (HIGH-DENSITY RESIDENTIAL).
WHEREAS, a complete and adequate petition for change of zoning classification
has been received and an open record hearing has 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 which 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 R-4 (High-Density Residential) for the real
property as shown in the Exhibit “1” attached hereto and described as follows:
the S ½ of the SE ¼ of the SE ¼ of Section 6 Township 9 Range 29, Except a portion for
County Road ROW (Tax Parcel #115180064)
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 16th day of January, 2018.
Matt Watkins, Mayor
ATTEST: APPROVED AS TO FORM:
Daniela Erickson, City Clerk Leland B. Kerr, City Attorney
Page 54 of 143
Item: Rezone R-1 to R-4Applicant: Ashok & Vijay SharmaFile #: Z 2017-007 Exhibit#1SITE0 150 300 450 600 750FeetPage 55 of 143
1
REPORT TO PLANNING COMMISSION
MASTER FILE NO: Z 2017-007 APPLICANT: Ashok & Vijay Sharma
HEARING DATE: 11/16/2017 1201 Brentwood Ave
ACTION DATE: 12/21/2017 Richland, WA 99352
BACKGROUND
REQUEST: REZONE: Rezone from R-1 (Low-Density Residential) to R-4
(High-Density Residential)
1. PROPERTY DESCRIPTION:
Legal: the S ½ of the SE ¼ of the ES ¼ of Section 6 Township 9 Range
29, Except a portion for County Road ROW (Tax Parcel #115180064)
General Location: At the northwest corner of Broadway Boulevard and
Burns Road.
Property Size: Approximately 17.34 acres.
2. ACCESS: The parcel is accessible from both Broadway Boulevard and
Burns Road.
3. UTILITIES: Municipal water service is available in Burns Road. The
Comprehensive Sewer Plan calls for the location of a trunk line running
north from Harris Road to Burns Road then east past the rezone site.
Construction on the line is to begin in the fall of 2018 and will be
extended from Court Street to a point on Harris Road about three
quarters of a mile south of the rezone site.
4. LAND USE AND ZONING: The lot is currently zoned RT (Residential
Transition) and is vacant. Surrounding properties are zoned and
developed as follows:
NORTH: RS-1 - Farming/Vacant
EAST: R-1 - Columbia Terrace (Under Development)
SOUTH: RT - Vacant
WEST: R-S-1 - Farming
5. COMPREHENSIVE PLAN: The Comprehensive Plan has recently been
amended to designate this property for high-density residential
Page 56 of 143
2
development (Ordinance 4327, passed by City Council on December 5,
2016). Policies of the Plan suggest the City permit a full range of
residential environments including multi-family homes (H-2-A) and
standards that control the scale and density of accessory buildings and
homes to maintain compatibility with other residential uses (H-4-B). The
Plan encourages higher density development to be located near arterial
streets so as to avoid access through lower density neighborhoods (H-1-A
& H-1-B).
6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead
agency for this project. An environmental determination will be made
after the public hearing for this project. A Mitigated Determination of
Non-Significance is likely for this application (WAC 197-11-355). The
MDNS would consider high-density residential development on the
rezone site allowing for multi-family units with a minimum of 3,000
square feet per unit. Some of the issues to be addressed are as follows:
a. The intersection at Burns and Broadmoor will require a traffic
signal in the near future given development in the area. Land may
be required as well as a pro‐rata share of the signal cost.
b. The City does not currently own the sanitary sewer main up
Broadmoor along the east side of the property; developer would
need to pay a fair share to compensate the builder of the main.
Developer would be obligated to cover frontage along Burns Road
and for a pro‐rata share of extending sewer from its current
location of the I‐182 overpass at Court Street.
c. The 2018 City of Pasco budget contemplates the City extending
sewer from the I‐182 overpass at Court to a point on Harris Road
approximately three quarters of a mile south of the site.
ANALYSIS
The site was designated for low-density residential development up until
December of 2016 (Ordinance 4327), when it was reclassified for high-density
residential development. The high-density classification as described in the
Comprehensive Plan permits the development of “multiple-unit apartments or
condominiums at a density exceeding 20 units per acre.” Criteria for allocation of
this High-Density Residential designation include sewer availability, being a
transition area between more intense uses and low density uses, market demand,
and location on or near circulation routes.
The site has limited access to sewer along Broadmoor Boulevard but that line has
not been turned over to the City yet and as a result it is not part of the City
controlled sewer system. There may also be a question about cost sharing or
Page 57 of 143
3
reimbursement to the developer who built the line. To fully build out the property
it will be necessary for the trunk line to be extended north from Harris Road to
Burns Road. The property in question is not located between more intense uses
and low density land use designations according to the Comprehensive Plan Land
Use Map, as surrounding properties are all designated for low-density residential
use; however the Broadmoor Area Plan will include some more intense uses to the
south. Although not yet completed, all iterations of the Broadmoor Master Plan
have reflected high density residential development in this area. The property is
located at the intersection of Broadmoor Boulevard and Burns Road, both
principal arterial streets, according to the Major Street Plan. Being located at the
intersection of two major streets traffic generated by future development on the
site will not need to travel through low-density neighborhoods to connect with the
remainder of the community.
Zoning options under the high-density designation include just R-4. The High
Density land use designation is unique in that it is the only land use designation
in the Comprehensive Plan that has only one zoning classification attached to it.
The applicant is seeking R-4 zoning.
The initial review criteria for considering a rezone application are explained in
PMC. 25.88.030. The criteria are listed below as follows:
1. The date the existing zone became effective:
The current zoning classification was established in June of 2015 (Ordinance
4224) when the property was annexed to the City. The Comprehensive Plan Map
was amended in December 2016 (Ordinance 4327) to accommodate high-density
R-4 zoning.
2. The changed conditions, which are alleged to warrant other or additional
zoning:
The property was annexed in June of 2015 and the Comprehensive Plan has
been amended to permit high density zoning on the site. Burns Road was
constructed in the past few years and now connects the site to Broadmoor
Boulevard and Road 68. Broadmoor Boulevard had been extended north, past
the site connecting the City to County properties in the urban growth area. A 16
inch water line has been located in Burns Road and parallels the south
boundary of the proposed rezone site. A water line has also been extended north
From Burns Road north in Broadmoor Boulevard to the north end of Columbia
Terrace. The Comprehensive Sewer Plan was also updated in the past few years
to identify were the trunk sewer lines will generally be located to serve this
property and areas to the north of the City limits.
3. Facts to justify the change on the basis of advancing the public health,
safety and general welfare:
The proposed zoning request is fairly consistent with the Comprehensive Plan
which has been determined to be in the best interest of advancing public health,
Page 58 of 143
4
safety and general welfare of the community. The rezone will lead to the creation
of a high-density residential neighborhood providing more affordable housing
opportunities for Pasco residents.
4. The effect it will have on the value and character of the adjacent property
and the Comprehensive Plan:
A change in zoning classification will ultimately result in the establishment of a
higher density residential neighborhood consistent with the Comprehensive Plan.
The rezone may improve the value of commercial property near the Road 100
Interchange. Experience as shown that development of higher density
residential development in Pasco adjacent to lower density residential
neighborhoods has not impacted the value of single family homes. The Island
Estates Row Homes and Stone Gate apartments are both located adjacent to
single-family neighborhoods that have not seen a decrease in value as the result
of being located near apartments.
5. The effect on the property owner or owners if the request is not granted:
Future site planning cannot move forward without knowing what the zoning will
be. The site will require extensive grading and earth moving and arterial street
improvements that would be difficult to justify without a rezone to higher density.
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 vacant.
2. The site was annexed in 2015.
3. The site contains 17.34 acres.
4. The site is currently zoned R-1 (Low-Density Residential).
5. Properties to the north and west are zoned R-S-1;
6. Properties to the east are zoned R-1;
7. Properties to the south are zoned RT.
8. The site is located on the northwest corner of Broadmoor Boulevard and
Burns Road.
Page 59 of 143
5
9. The applicant is requesting R-4 (High-Density Residential) zoning.
10. The Comprehensive Plan identifies the site for High-Density-Residential
uses which includes R-4 zoning.
11. A 16-inch water line is located in Burns Road.
12. The Comprehensive Sewer Plan identifies generally how the site can be
served by municipal sewer system.
13. The site will require extensive grading and arterial street improvements
that will be difficult to accomplish for a single-family development.
CONCLUSIONS BASED ON STAFF FINDINGS OF FACT
Before recommending approval or denial of a special permit the Planning
Commission must develop findings of fact from which to draw its conclusions
based upon the criteria listed in PMC 25.86.060. The criteria are as follows:
1. The proposal is in accordance with the goals and policies of the
Comprehensive Plan.
The proposal is consistent with the Comprehensive Plan Land Use Map and
several Plan policies and goals. H-2-A suggests the City permit a full range of
residential environments. Housing Policy (H-B-A) encourages standards that
control the scale and density of accessory buildings and homes to maintain
compatibility with other residential uses. The Plan also encourages higher
density development to be located near arterial streets so as to avoid access
through lower density neighborhoods (H-1-A & H-1-B). The site is located at the
intersection of two major streets.
2. The effect of the proposal on the immediate vicinity will not be materially
detrimental.
The immediate area is shown in the Comprehensive Plan and the proposed
Broadmoor Area Plan to contain a mix of residential densities including densities
permitted by R-4 zoning. The proposed rezone is consistent with the referenced
plans and will not be detrimental to future nearby developments that will need to
conform to the provision of the plans. The development of multi-family housing
adjacent single-family neighborhoods has not diminished the value of homes in
single-family neighborhoods. This is verified by valuation records of the Franklin
County Assessor’s office.
3. There is merit and value in the proposal for the community as a whole.
There is merit in developing vacant parcels within the City in accordance with the
goals and policies contained in the Comprehensive Plan. The proposed zoning is
consistent with the Plan’s Land Use Map. Providing an increased range of
Page 60 of 143
6
housing opportunities benefits the community as a whole. Additionally locating
housing in areas served by major streets and water lines and will enable
efficient use of capital resources. The proposal is supported by land use goals
and policies contained in the Comprehensive Plan.
4. Conditions should be imposed in order to mitigate any significant
adverse impacts from the proposal.
The intersection at Burns and Broadmoor will require a traffic signal in the near
future given development in the area. The developer will be required to provide
any necessary right-of-way and complete street improvements as a part of
development. These improvements will also include intersection improvements.
A traffic impact fee will also be assessed at the time of permitting that may cover
almost two/thirds of the cost of a traffic signal. These requirements are currently
part of the municipal code.
The current sewer line at the intersection of Burns and Broadmoor has not been
turned over to the City and is unavailable. When it does become part of the City
system it will only provide very limit capacity. To fully sewer the property in
question the developer will need to connect to the future trunk line to the south on
Harris Road. Developer will be obligated by code to extend needed utilities
along all frontages of his property.
5. A Concomitant Agreement should be entered into between the City and
the petitioner, and if so, the terms and conditions of such an agreement.
No concomitant agreement is needed.
RECOMMENDATION
MOTION for Findings of Fact: I move to adopt findings of fact and
conclusions therefrom as contained in the December 21, 2017 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 Tax Parcel #115180064 from R-1 to R-4.
Page 61 of 143
Item: Rezone R-1 to R-4Applicant: Ashok & Vijay SharmaFile #: Z 2017-007 Overview MapSITE0 1000 2000 3000 4000FeetPage 62 of 143
Item: Rezone R-1 to R-4Applicant: Ashok & Vijay SharmaFile #: Z 2017-007 Vicinity MapSITE0 150 300 450 600 750FeetPage 63 of 143
Item: Rezone R-1 to R-4Applicant: Ashok & Vijay SharmaFile #: Z 2017-007 Land Use MapSITEFarmingVacantColumbiaTerrace(UnderDevelopment)SFDUs0 150 300 450 600 750FeetPage 64 of 143
Item: Rezone R-1 to R-4Applicant: Ashok & Vijay SharmaFile #: Z 2017-007 Zoning MapSITERS-1RTR-10 150 300 450 600 750FeetPage 65 of 143
Looking NorthPage 66 of 143
Looking EastPage 67 of 143
Looking SouthPage 68 of 143
Looking WestPage 69 of 143
-1-
PLANNING COMMISSION MINUTES
11/16/17
B. Rezone Rezone from R-1 to R-4 (A.K. Sharma) (MF# Z
2017-007)
Chairman Cruz read the master file number and asked for comments from staff.
David McDonald, City Planner, discussed the rezone application from R-1 (Low
Density Residential) to R-4 (High Density Residential). Mr. McDonald explained this
item was before the Planning Commission last year in the form of a Comprehensive
Plan Amendment. That process was completed and Mr. Sharma assumed the rezone
was also completed because he had submitted a rezone application with the Plan
amendment. Mr. McDonald reviewed the location of the property and discussed
difficulties of developing such a small site with single-family dwellings with extensive
infrastructure improvements required. The site borders two major streets and as a
result would be required to build block walls and install landscaping along both
streets.
Commissioner Greenaway asked if this item could be fast tracked since this is really
just a follow-up item from the Comprehensive Plan Amendment the applicant did a
year ago.
Commissioner Roach said she would be in favor of fast-tracking.
Rick White, Community & Economic Development Director, said unfortunately due to
the SEPA process and the way it was advertised it cannot be done.
Mr. McDonald added that it would be a procedural problem.
With no further questions or comments the public hearing was closed.
Commissioner Roach moved, seconded by Commissioner Greenaway, to close the
hearing on the proposed rezone and set December 21, 2017 as the date for
deliberations and the development of a recommendation for the City Council. The
motion passed unanimously.
Respectfully submitted,
David McDonald, City Planner
Page 70 of 143
PLANNING COMMISION MINUTES
12/21/2017
A. Rezone Rezone from R-1 to R-4 (A.K. Sharma) (MF# Z
2017-007)
Chairman Cruz 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 R-4 (High Density Residential). Mr.
White mentioned a correction to the staff report contained in the Environmental
Determination. There was a sentence mistakenly placed in that paragraph of the
report the will be cleared up and removed by staff. There were no further questions or
comments.
Commissioner Roach moved, seconded by Commissioner Bykonen, to adopt findings
of fact and conclusions therefrom as contained in the December 21, 2017 staff report.
The motion passed unanimously.
Commissioner Roach moved, seconded by Commissioner Bykonen, based on the
findings of fact and conclusions as adopted, the Planning Commission recommend the
City Council rezone tax parcel #115-180-064 from R-1 to R-4. The motion passed
unanimously.
Page 71 of 143
AGENDA REPORT
FOR: City Council January 10, 2018
TO: Dave Zabell, City Manager Regular Meeting: 1/16/18
FROM: Stan Strebel, Deputy City Manager
Executive
SUBJECT: City Council Representation on Boards and Committees
I. REFERENCE(S):
Proposed Resolution
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. _______, confirming Mayoral
appointments of Councilmembers to various Boards and Committees for years 2018-
2019.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
City Council representation is required on a number of municipal and regional boards
and committees. The practice of the City Council has been to make Council
appointments to the various boards and committees on a biennial basis; thus,
appointments generally are for a two-year period. Changes to these appointments, if
necessary, can be made at any time by action of the Mayor and City Council.
V. DISCUSSION:
This item was discussed at the January 8 Council meeting. Staff recommends approval
of the proposed resolution.
Page 72 of 143
RESOLUTION NO.
A RESOLUTION confirming Mayoral appointments of Councilmembers
to various Boards and Committees for years 2018-2019.
WHEREAS, various boards and committees, serving both regional and local purposes,
require representation by the Pasco City Council; and
WHEREAS, PMC 2.06.020 reserves authority to the Mayor for appointment of members
to advisory committees subject to confirmation of the City Council; and
WHEREAS, Mayor Watkins, after consultation with Councilmembers, has declared
appointments to the respective boards and committees reflected in the list attached hereto; NOW
THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO
RESOLVE AS FOLLOWS:
Section 1: The Pasco City Council hereby confirms the appointments to the respective
boards and committees reflected in the list attached hereto, until otherwise modified by action of
the Mayor and City Council.
Passed by the City Council of the City of Pasco this 16th day of January 2018.
Matt Watkins, Mayor
ATTEST: APPROVED AS TO FORM:
Daniela Erickson, City Clerk Leland B. Kerr, City Attorney
Page 73 of 143
CITY COUNCIL
BOARD AND COMMITTEE ASSIGNMENTS - CALENDAR YEARS 2018-2019
Mayoral Appointments to Board and Committee Membership
BOARD/COMMITTEE DAY TIME LOCATION REP ALT
Emergency Medical Services 1st Monday, Bi-Monthly 1:30 pm TRIOS Blanche Barajas David Milne
Parks & Recreation Advisory Council 1st Thursday 5:30 pm Parks & Rec. Classroom David Milne Saul Martinez
Old Fire Pension Board 2nd Monday, Quarterly 6:00 pm Conference Room #1 Mayor Mayor Pro-Tem
BFCG Tri-Mats Policy Advisory Committee 2nd Thursday 7:00 am Varies Ruben Alvarado Pete Serrano
Ben-Franklin Transit Board 2nd Thursday 7:00 pm Ben-Franklin Transit Matt Watkins Ruben Alvarado
Reserve Officers Board 3rd Monday, as needed 5:30 pm Conference Room #1 Matt Watkins & Craig Maloney
LEOFF Disability Board 3rd Monday 6:00 pm Conference Room #1 Matt Watkins & Craig Maloney
Good Roads & Transportation Association 3rd Wednesday,
Bi-Monthly 5:30 pm Clover Island Inn Ruben Alvarado Saul Martinez
Manhattan Project Historical Park 3rd Thursday 4:00 pm 7130 W. Grandridge Matt Watkins
Franklin County Emergency Management Council 3rd Thursday, Quarterly 3:30 pm EMS Office Craig Maloney Matt Watkins
Benton Franklin Council of Governments 3rd Friday 11:30 am Varies Blanche Barajas Ruben Alvarado
Hanford Area Economic Investment Fund 4th Monday 4:00 pm Ben-Franklin Transit Pete Serrano
TRAC Advisory Board 4th Tuesday, Quarterly 5:00 pm TRAC Facility Craig Maloney & Saul Martinez
Visit Tri-Cities Board 4th Wednesday 7:30 am 7130 W. Grandridge Pete Serrano Craig Maloney
TRIDEC Board of Directors 4th Thursday 4:00 pm 7130 W. Grandridge David Milne Craig Maloney
Hanford Communities Governing Board
(and ECA) 4th Friday, Quarterly 7:30 am Richland Council
Chambers Saul Martinez Matt Watkins
Tri-Cities Regional PFD Board As called Varies Matt Watkins (10/19); Saul Martinez
(10/20); Craig Maloney (10/18)
Franklin County Solid Waste Advisory Committee As called Franklin County Public
Works Matt Watkins Craig Maloney
Greater Columbia Accountable Community of
Health (ACH) Board of Directors 3rd Thursday 12:00pm CBC Ruben Alvarado David Milne
Tri-Cities Public Market As called Craig Maloney Ruben Alvarado
Franklin County Law & Justice Council As called Franklin County
Courthouse Pete Serrano Blanche Barajas
Local Housing Trust Fund Oversight Committee As called 710 W. Court Street David Milne
Revised 01-08-18 Page 74 of 143
AGENDA REPORT
FOR: City Council January 9, 2018
TO: Dave Zabell, City Manager
Rick White, Director
Community & Economic Development
Regular Meeting: 1/16/18
FROM: Darcy Bourcier, Planner I
Community & Economic Development
SUBJECT: Special Permit: Location of a CITC Vocational School in a C-1 Zone (MF#
SP2017-023)
I. REFERENCE(S):
Proposed Resolution
Vicinity Map
Report to Planning Commission
Planning Commission Minutes: Dated 12/21/2017
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. _____, approving a special permit for
the location of a Vocational School in a C-1 zoning district at 5804 Road 90 as
recommended by the Planning Commission.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
On December 21, 2017 the Planning Commission conducted a public hearing regarding
the proposal to locate a CITC Vocational School at 5804 Road 90, Suites J, K, and L.
Following conduct of the hearing, the Planning Commission determined the proposal
to be reasonable and developed findings and a recommendation of approval for the
proposal.
No written appeal of the Planning Commission's recommendation has been received.
V. DISCUSSION:
Page 75 of 143
The applicant is proposing to establish a CITC Vocational School at 5804 Road 90,
Suites J, K, and L. The location is in a C-1 (Retail Business) zoning district and is part
of a twelve-suite building.
Schools require approval through the special permit process in all zoning districts.
The school will serve approximately 60 students who work in apprenticeships as
electricians and sheet metal workers. The training classes will occur off-peak hours and
the Planning Commission reasoned that the proposal is well suited for this location.
Page 76 of 143
…
RESOLUTION NO._______
A RESOLUTION GRANTING A SPECIAL PERMIT FOR THE LOCATION OF A CITC
VOCATIONAL SCHOOL IN A C-1 ZONING DISTRICT AT 5804 ROAD 90, SUITES J, K, AND L.
WHEREAS, Construction Industry Training Council submitted an application for the location of
a Vocational School located at 5804 Road 90, Suites J, K, and L (Tax Parcel # 115 392 022); and
WHEREAS, the Planning Commission held a public hearing on December 21, 2017 to review a
Special Permit for the proposed CITC Vocational School; and,
WHEREAS, following deliberations on December 21, 2017 the Planning Commission
recommended approval of a Special Permit for the CITC Vocational School with certain conditions;
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO:
1. That a Special Permit is hereby granted to Construction Industry Training Council for a
Vocational School in a C-1 Zoning district under Master File # SP 2017-023 with the
following conditions:
a. The Special Permit shall apply to Tax Parcel #115392022 for the building at
5804 Road 90, Suites J, K, and L.;
b. All training activities, including but not limited to electrical, sheet metal,
plumbing, HVAC, and carpentry, shall occur fully within the buildings; no
objectionable noise, fumes, vibrations, dust, traffic, or flashing lights due to
training activities shall be allowed outside the structure.
c. No outdoor storage of work vehicles, equipment, projects, or materials shall be
allowed;
d. The applicant shall comply with all building code requirements for the
occupancy class applicable to the use;
e. The Special Permit shall be null and void if all necessary licenses have not been
obtained by July 18, 2018.
f. Passed by the City Council of the City of Pasco this 16th day of January, 2018.
_______________________________
Matt Watkins, Mayor
ATTEST: APPROVED AS TO FORM:
________________________________ _____________________________
Daniela Erickson, City Clerk Leland B. Kerr, City Attorney
Page 77 of 143
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CN ES/Airbus DS, USDA, U SGS,AeroGRID, IGN, and the GIS User Community
VicinityMap
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1
REPORT TO PLANNING COMMISSION
MASTER FILE # SP 2017-023
HEARING DATE: 12/21/2017
ACTION DATE: 1/18/2018
APPLICANT: Construction Industry
Training Council of WA
1930 116th Ave NE
Bellevue, WA 98004
BACKGROUND
REQUEST: SPECIAL PERMIT: Location of a Vocational School in a C-1
(Retail Business) Zoning District
1. PROPERTY DESCRIPTION:
Legal: Lot 10, Coles Estates
General Location: 5804 Road 90, Suites J, K, and L
Property Size: 3 acres
2. ACCESS: The site is accessible from Road 90.
3. UTILITIES: All municipal utilities currently serve the site.
4. LAND USE AND ZONING: The site is zoned C-1 (Retail Business) and
contains an office structure. The zoning and land use of the surrounding
properties are as follows:
NORTH: R-3 – Multi-Family Development
SOUTH: C-1 – Vacant
EAST: C-1/R-1 – Vacant, SFDUs
WEST: C-1 – Vacant
5. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area
for commercial uses but encourages fostering of adequate provisions for
educational facilities throughout the urban growth area.
6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead
agency for this project. An environmental determination will be made
after the public hearing for this project. A Determination of Non-
Significance or Mitigated Determination of Non-Significance is likely for
this application (WAC 197-11-355).
ANALYSIS
Construction Industry Training Council (CITC) is a 501(c)(3) state-approved
apprenticeship program under RCW 49.04 and a State licensed vocational
Page 79 of 143
2
school under RCW 28C.10. The applicant proposes to operate a construction-
oriented vocational school in three suites of an existing office structure located
in a C-1 zone. Per the PMC, all types of schools in Pasco require special permit
approval to locate anywhere in the City. The applicant has indicated that the
school will serve approximately 60 students who work in apprenticeships as
electricians and sheet metal workers. In the future the potential exists for
training in plumbing, HVAC, and carpentry. The 8-hour classes will occur
primarily on Fridays and Saturdays from September through June with class
sizes ranging from 10 to 25 adult students. Students also meet for the
occasional evening class.
The site is located on the west side of Road 90, south of a multi-family
development. The proposed use is fairly low-volume and cannot be compared to
universities or other schools in which students attend classes daily. The
vocational school is essentially a part-time establishment for those already
employed as electricians and sheet metal workers to supplement what they
learn in the field and acquire a greater skill level. According to the applicant,
the use will generate approximately 45 vehicle trips a day.
The site contains a total of 158 parking stalls to be shared by businesses that
rent out the suites. Currently, 3 business rent out 4 of the 12 suites available.
The school will be renting out 3 suites equaling 9,600 square feet, thus
requiring 32 parking spaces for students.
STAFF FINDINGS OF FACT
Findings of Fact must be entered from the record. The following are initial
findings drawn from the background and analysis section of the staff report.
The Planning Commission may add additional findings to this listing as the
result of factual testimony and evidence submitted during the open record
hearing.
1. The site is located at 5804 Road 90, Suites J, K, and L. L (Assessor’s Tax
Parcel # 115392022).
2. The site is zoned C-1 (Retail Business).
3. The site is located on Road 90 approximately one block north of Sandifur
Parkway.
4. Construction Industry Training Council (CITC) is a not-for-profit 501(c)(3)
state-approved apprenticeship program under RCW 49.04 and a State
licensed vocational school under RCW 28C.10 dedicated to providing
apprenticeships for electricians and sheet metal workers.
5. Eight-hour classes will occur primarily on Fridays and Saturdays from
September through June with class sizes ranging from 10 to 25 adult
students. Students also meet for the occasional evening class.
Page 80 of 143
3
6. CITC is classified as a vocational school in the Pasco zoning code.
7. Vocational schools are considered Unclassified Uses and thereby require
special permit review (PMC 25.86.020).
CONCLUSIONS BASED ON STAFF FINDINGS OF FACT
Before recommending approval or denial of a special permit the Planning
Commission must develop findings of fact from which to draw its conclusions
based upon the criteria listed in PMC 25.86.060. The criteria are as follows:
(1) Will the proposed use be in accordance with the goals, policies, objectives
and text of the Comprehensive Plan?
Comprehensive Plan Goal CF-5 encourages the fostering of adequate provisions
for educational facilities throughout the urban growth area. CITC is a not-for-
profit 501(c)(3) state-approved apprenticeship program under RCW 49.04 and a
State licensed vocational school under RCW 28C.10 dedicated to providing
apprenticeships for electricians and sheet metal workers.
(2) Will the proposed use adversely affect public infrastructure?
The proposal will generate little demand for public utilities only being open to
serve students Eight-hours primarily on Fridays and Saturdays from
September through June with class sizes ranging from 10 to 25 adult students.
Students also meet for the occasional evening class. Water and sewer demands
of the proposed use will be negligible compared to permitted uses such as
restaurants. Traffic generation of the proposal will be minimal and easily
accommodated by the existing road system.
(3) Will the proposed use be constructed, maintained and operated to be in
harmony with the existing or intended character of the general vicinity?
The vocational school will be housed in an existing structure completed this
year. The intended character of the vicinity is commercial in nature. The
purpose of the C-1 zone, in part, is to promote a commercial clustering
concept. The proposed vocational school is a 501(c)(3) state-approved
apprenticeship program and its location will complement existing commercial
businesses.
(4) Will the location and height of proposed structures and the site design
discourage the development of permitted uses on property in the general
vicinity or impair the value thereof?
Page 81 of 143
4
The vocational school will be housed in an existing structure completed this
year. The facility will not be enlarged for the proposed use. The facility is two-
story whereas the C-1 zone permits structures up to 35 feet in height.
(5) Will the operations in connection with the proposal be more objectionable to
nearby properties by reason of noise, fumes, vibrations, dust, traffic, or
flashing lights than would be the operation of any permitted uses within
the district?
An educational center approximately 60 students per day may have similar
levels of activity to other permitted uses in this zone. The C-1 zone permits
uses with generally higher levels of adverse impacts than the proposed
education center and is not expected to create adverse impacts to other
permitted uses.
(6) Will the proposed use endanger the public health or safety if located and
developed where proposed, or in any way will become a nuisance to uses
permitted in the district?
It is expected that the proposed vocational training center will not cause harm
to public health and safety and that the associated activity will not become a
nuisance to permitted uses in the vicinity.
*The applicant was unaware of the need for a special permit and has been
preparing the office space to receive students. Therefore, staff is recommending
the matter be reviewed and forwarded to the Council after the public hearing
on December 21, 2017.
APPROVAL CONDITIONS
1. The Special Permit shall apply to Tax Parcel #115392022 for the building
at 5804 Road 90, Suites J, K, and L.;
2. All training activities, including but not limited to electrical, sheet metal,
plumbing, HVAC, and carpentry, shall occur fully within the buildings;
no objectionable noise, fumes, vibrations, dust, traffic, or flashing lights
due to training activities shall be allowed outside the structure.
3. No outdoor storage of work vehicles, equipment, projects, or materials
shall be allowed;
4. The applicant shall comply with all building code requirements for the
occupancy class applicable to the use;
5. The Special Permit shall be null and void if all necessary licenses have
not been obtained by July 18, 2018.
RECOMMENDATION
Page 82 of 143
5
MOTION: I move to close the hearing on the proposed special
permit and adopt findings of fact and conclusions therefrom as
contained in the December 21, 2017 staff report.
MOTION: I move, based on the findings of fact as adopted, the
Planning Commission recommend the City Council grant a special
permit to Construction Industry Training Council (CITC) for the
location of a Vocational School at 5804 Road 90, Suites J, K, and L
with conditions as contained in the December 21, 2017 staff report.
Page 83 of 143
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OverviewMap
Item : Special Permit - Vocational SchoolApplicant: Construction Industry Training CouncilFile #: SP 2017 -023
±
SITE
0 360 720 1,080180FeetPage 84 of 143
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CN ES/Airbus DS, USDA, U SGS,AeroGRID, IGN, and the GIS User Community
VicinityMap
Item : Special Permit - Vocational SchoolApplicant: Construction Industry Training CouncilFile #: SP 2017 -023
±
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92Sophie Rae CtRoad 900 100 200 30050FeetPage 85 of 143
Land UseMap
Item : Special Permit - Vocational SchoolApplicant: Construction Industry Training CouncilFile #: SP 2017 -023
±
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92Sophie Rae CtRoad 900 100 200 30050Feet
SFDUs
Vacant
Commercial
SFDUs
Multi-FamilyDev.
SFDUs
Vacant
Multi-Family
Storage Facility
Page 86 of 143
ZoningMap
Item : Special Permit - Vocational SchoolApplicant: Construction Industry Training CouncilFile #: SP 2017 -023
±
SITERoad
92Sophie Rae CtRoad 900 100 200 30050Feet
R-1
C-1
R-3
R-3
R-1
C-1
R-3
C-1
Page 87 of 143
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PLANNING COMMISSION MEETING
12/21/2017
E. Special Permit Location of a Vocational School (Construction
Industry Training Council of Washington) (MF#
SP 2017-023)
Chairman Cruz read the master file number and asked for comments from staff.
Darcy Bourcier, Planner I, discussed the special permit application for the location of
a vocational school. CITC plans to open a construction oriented vocational school in
three suites of an existing office building located in a C-1 zone. The applicant has
indicated that the school will serve approximately 60 students or more who work in
apprenticeships as electricians and sheet metal workers and possibly plumbing, HVAC
and carpentry. They will be 8 hour classes, primarily on Fridays and Saturdays from
September through June following the typical school year timeline with class sizes of
10-20 adults with possibly some evening classes as well. Students will not be
attending daily so the use is fairly low volume. The students will be primarily already
employed as electricians and sheet metal workers and this would be supplemental
learning. It likely won’t generate more than 45 vehicle trips per day. The site contains
158 parking stalls to be shared by businesses that rent out the suites. Three business
currently rent out four of the twelve suites and the school will be renting out three
suites. The school will need 32 parking stalls.
Since the applicant wasn’t aware a special permit was required they have already been
preparing to have students so they are requesting this item be forwarded to City
Council after the public hearing closes.
Commissioner Bowers asked for clarification of the location of the existing building.
Ms. Bourcier explained that the aerial photos aren’t current but provided a site photo
with the office building on the Power Point.
Halene Sigmund, 1930 116th Ave NE #201, Bellevue, WA, President of the
Construction Industry Training Council of Washington, spoke on behalf of the special
permit application. CITC is a statewide apprenticeship training program approved by
the WA State Apprenticeship and Training Council as well as a licensed vocational
school under WA State Workforce and Training Coordinating Board. There is a great
need for trained construction workers in the State of Washington. CITC currently has
training facilities in Spokane, Vancouver, Bellevue and Marysville. To continue their
mission in addition to local employer demand for skilled workers having a training
facility in Pasco will address these training needs.
Commissioner Campos asked how their training is different from locate JATC’s (Joint
Apprenticeship Training Committee).
Page 94 of 143
Ms. Sigmund replied that CITC services the open shop section of the industry. The
industry has two sides; union and open shop. Their program trains the open shop
side.
Commissioner Bowers asked if their program would be similar to the Center for Career
and Technical Education at Columbia Basin College (CBC).
Ms. Sigmund explained that it is not the same program. CITC is a state approved
apprenticeship training program. The employers who train their apprentices with
them train under the apprenticeship WAC’s and RCW’s.
Chairman Cruz added that this is more akin to businesses needing training for their
apprentices.
Ms. Sigmund replied that they service the non-union sector as well as continuing
education for union and non-union sectors.
Commissioner Bowers asked if the non-union students are trained by them if they
would be more likely to get a union job.
Ms. Sigmund answered that these are employees who have decided to work in the
non-union sector.
Commissioner Campos explained that he asked because he is a JATC trained
journeyman carpenter and noticed that there is a very union heavy area in the Tri-
Cities and this school would benefit and train those who aren’t a part of that.
Commissioner Roach asked if the three units they will be occupying are all adjacent.
Ms. Sigmund said yes.
James Wade, 8927 W. Tucannon, Kennewick, WA of the Kenmore Team, spoke in
support on behalf of the owner of the building. The owners are excited to have CITC
occupying their building with the other tenants that they already have. This will help
create more living wage jobs for citizens and tax payers of Pasco.
With no further questions or comments the public hearing closed.
Commissioner Bowers moved, seconded by Commissioner Roach, to close the hearing
on the proposed special permit and adopt findings of fact and conclusions therefrom
as contained in the December 21, 2017 staff report. The motion passed unanimously.
Commissioner Bowers moved, seconded by Commissioner Roach, based on the
findings of fact as adopted, the Planning Commission recommend the City Council
grant a special permit to Construction Industry Training Council (CITC) for the
location of a vocational school at 5804 Road 90, Suites J, K and L with conditions as
Page 95 of 143
contained in the December 21, 2017 staff report. The motion passed unanimously.
Page 96 of 143
AGENDA REPORT
FOR: City Council January 9, 2018
TO: Dave Zabell, City Manager
Rick Terway, Interim Public Works Director
Regular Meeting: 1/16/18
FROM: Dan Ford, City Engineer
Public Works
SUBJECT: Oregon Ave Corridor, No. 12002 - Supplement with CH2M
I. REFERENCE(S):
Vicinity Map
WSDOT Supplemental Agreement
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve the final Supplement of the Professional Services
Agreement for the design services of the Oregon Avenue Corridor project with CH2M,
and further, authorize the City Manager to execute the agreement.
III. FISCAL IMPACT:
Transportation Improvement Board (TIB) Grant $4,864,500
Highway Safety Improvement Program Grant $875,900
Surface Transportation Program Grant $903,550
City of Pasco - Arterial and Overlay Funds $1,399,378
Total Project Cost (Past and Future*) $8,043,328
*Previously spent and anticipated costs.
CH2M Design Contract:
Previous Agreement: $576,636
Supplement No. 7: $121,407
Adjusted Total Cost: $698,043
IV. HISTORY AND FACTS BRIEF:
Oregon Avenue (SR397) Corridor Improvements project is a project that will
incorporate transportation and pedestrian safety improvements to Oregon Avenue
Page 97 of 143
(SR397) from its connection with the interchange of I-182/SR12 on the north to 'A'
Street on the south. The corridor supports a heavy freight load and has experienced a
significant number of crashes over the last several years, highlighting a need for these
improvements.
On November 19, 2012, City Council signed a Professional Services Agreement (PSA)
with CH2M Hill for the design of the Oregon Avenue Corridor in accordance with
initially agreed scope and fees.
V. DISCUSSION:
This supplement modifies the scope and fee to finalize the work accomplished by
CH2M.
These changes increase the final contract with CH2M to $698,043, which continues to
be within the acceptable standard for the cost of design and within available resources
for design services.
This item was discussed at the January 8, 2018 Council Workshop meeting.
Page 98 of 143
OREGON AVE (SR 397) CORRIDOR IMPROVEMENTS - PHASE I
VICINITY MAP
References
Project Phase 1
Project Phase 2 (Future)
Proposed new Traffic Signal
Upgrade to existing Traffic Signal
Port of Pasco
Schools
EMS/Fire Station
Commercial/Industrial Area
Lewis St.
Overpass
N
“A” Street
Lewis Street
``
Broadway Street
Page 99 of 143
DOT Form 140-063
Revised 09/2005
Supplemental Agreement
Number
Organization and Address
Phone:
Original Agreement Number
Project Number Execution Date Completion Date
Project Title New Maximum Amount Payable
Description of Work
The Local Agency of
desires to supplement the agreement entered in to with
and executed on DQGLGHQWL¿HGDV$JUHHPHQW1R
$OOSURYLVLRQVLQWKHEDVLFDJUHHPHQWUHPDLQLQHIIHFWH[FHSWDVH[SUHVVO\PRGL¿HGE\WKLVVXSSOHPHQW
The changes to the agreement are described as follows:
I
Section 1, SCOPE OF WORK, is hereby changed to read:
II
6HFWLRQ,97,0()25%(*,11,1*$1'&203/(7,21LVDPHQGHGWRFKDQJHWKHQXPEHURIFDOHQGDUGD\V
for completion of the work to read:
III
6HFWLRQ93$<0(17VKDOOEHDPHQGHGDVIROORZV
DVVHWIRUWKLQWKHDWWDFKHG([KLELW$DQGE\WKLVUHIHUHQFHPDGHDSDUWRIWKLVVXSSOHPHQW
If you concur with this supplement and agree to the changes as stated above, please sign in the Appropriate
VSDFHVEHORZDQGUHWXUQWRWKLVRI¿FHIRU¿QDODFWLRQ
By:By:
Consultant Signature Approving Authority Signature
Date
City of Pasco, WA
CH2M HILL, INC.
11/26/2012 STPUS-0397(008)
See Exhibit A-1, Scope of Work, attached.
7
STPUS-0397(008)
CH2M HILL, INC.
295 Bradley Boulevard, Suite 300, Richland, WA 99532
509.375.3444
STPUS-0397(008)11/26/2012 12/31/2018
Oregon Avenue (SR397) Corridor Traffic Study and Design $698,043.00
Additional management, design and right-of-way plan and description services.
No Change-N/A
The Total Maximum Amount Payable under the agreement is increased by $121,407 to $698,043
Mark A. Brower, P.E. Dave Zabell, City Manager
Page 100 of 143
SUPPLEMENT #7, EXHIBIT A-1: SCOPE OF WORK
REVISED: 12/22/2017 PAGE 1 OF 5
CITY OF PASCO, WASHINGTON
OREGON AVENUE (SR-397) CORRIDOR TRAFFIC STUDY
& DESIGN
Supplement #7 – Supplemental Professional Services
EXHIBIT A-1: SCOPE OF WORK
INTRODUCTION
This Supplemental Agreement No. 7 Scope of Work modifies the scope of CH2M HILL, Inc.’s
(CONSULTANT) professional engineering services and compensation for the original agreement (dated
11/26/2012) to include:
Task 1: Project management and administrative services associated with the extended project
duration. Original agreement assumed project duration thru December 2016. Current project
anticipated to be complete in December, 2017.
Task 3: Redesign of the intersection curb returns due to comments from Washington State
Department of Transportation’s (WSDOT) Channelization Plan review.
Task 3: Revision of the landscaped median at the north end of the project, including striping design,
storm drain design due to decisions to reduce construction costs.
Task 3: Revising landscape drawings due to decisions to reduce construction costs.
Task 3: Revising the Idaho Street intersection traffic signal due to lack of signal warrant. The revised
design will still propose underground features including conduit, junction boxes, and pole
foundations.
Task 3: Designing an emergency traffic signal at the Fires Station 81 location as a bid additive, including
updating plans, specifications, and estimate due to the addition of this bid additive. Signing
and striping plans will also be updated to reflect this bid additive.
Task 3: Revising design plans and right‐of‐way plans based on discussions and negotiations with
property owners between November 19, 2015 and the proposed bid date.
Task 3: Cooperating with utility owners to determine relocations.
Task 6: New work associated with developing legal descriptions for temporary construction
easements.
Task 9: New task associated with developing channelization plans for WSDOT review and approval.
The CONSULTANT will provide the following services:
Page 101 of 143
SUPPLEMENT #7, EXHIBIT A-1: SCOPE OF WORK
REVISED: 12/22/2017 PAGE 2 OF 5
TASK 1. PROJECT MANAGEMENT AND COORDINATION
Additional effort is needed to complete the following tasks:
The CONSULTANT will provide project management and administration services for the work elements
described in this document.
1.1. Contract Management
The CONSULTANT will provide services to manage the contract, manage project scope, schedule and
budget, amend professional agreements with subconsultants, prepare and process monthly invoicing,
progress reporting, and other internal management duties.
The CONSULTANT will provide the CITY with a monthly Progress Report, in writing, reporting on the
CONSULTANT’S progress and any known issues or anticipated changes in performing the Work.
Task 1.1 Assumptions:
Additional duration of 12 months (December 2016 to December 2017)
Task 1.1 Deliverables:
Monthly Progress Reports (1 hard copy and .pdf electronic format)
1.2. Project Coordination
1.2.1. Correspondence and Meetings
The CONSULTANT will partner with the CITY to accomplish the Oregon Avenue (SR 397) Corridor
Traffic Study & Design. Coordination of the project work elements will include an additional 8
months (assumed) of:
Coordination meetings with CITY to be conducted at appropriate intervals throughout the
project.
Regular coordination meetings with internal CONSULTANT team, including
subconsultants to be conducted at appropriate intervals throughout the project.
Task 1.2 Assumptions:
Weekly Coordination Meetings with CITY via phone or in CONSULTANT offices up to start of
Phase I construction, then as needed.
CITY staff will conduct necessary meetings with Council and CONSULTANT will not attend.
Assumes two CONSULTANT staff will attend two (2) meetings with the CITY at CITY offices.
Task 1.2 Deliverables:
Meeting Agendas and Meeting Notes (.pdf electronic format)
Page 102 of 143
SUPPLEMENT #7, EXHIBIT A-1: SCOPE OF WORK
REVISED: 12/22/2017 PAGE 3 OF 5
TASK 3. FINAL ROADWAY DESIGN
Additional effort is needed to complete the following:
3.1. Final Roadway Design Plans
3.1.1. Temporary Erosion & Sedimentation Control (TESC) Plans
TESC plans will be modified to reflect changes at intersections and the landscaped median.
3.1.2. Typical Sections
Typical sections will be modified to reflect changes in the landscaped median, pavement
section, and striping.
3.1.3. Site Preparation Plans
Site preparation plans will be updated to reflect changes to intersections and landscaped
median.
3.1.4. Drainage and Utility Plans
Drainage and utility plans will be updated to reflect changes to intersections and landscaped
median.
3.1.5. Roadway Paving Plans
Roadway paving plans will be updated to reflect changes to intersections and landscaped
median.
3.1.6. Intersection Layouts
Intersection layout plans will be updated to reflect changes to intersections due to WSDOT
requirements.
3.1.7. Traffic Signal and Illumination Plans
Traffic Signal and Illumination plans will be updated to reflect changes to the Idaho Street
traffic signal and intersection changes at A St, Broadway St, and Salt Lake St. due to WSDOT
requirements.
A new emergency signal will be designed at the Fire Station 81 location. Plans, special
provisions, and estimates will be updated to include this emergency signal as a bid additive
to the project.
3.1.8. Signing and Pavement Marking Plans
Signing and pavement marking plans will be updated to reflect change in lane widths and
intersection changes due to WSDOT requirements. Signing and pavement markings sheets
will be modified to reflect the emergency signal bid additive.
Page 103 of 143
SUPPLEMENT #7, EXHIBIT A-1: SCOPE OF WORK
REVISED: 12/22/2017 PAGE 4 OF 5
3.1.10. Landscaping & Irrigation Plans
Landscaping and irrigation plans will be modified to reflect reduced landscaping to reduce
construction costs.
Subtask 3.1 Assumptions:
Phase I and Phase II submittal milestones may not be coincident. It is anticipated that Phase
I will be bid for 2017 construction, and Phase II will be bid no sooner than 2018.
Construction traffic control plans are not required and may be handled via contract
specifications.
CITY to provide design and plans for backage roadway required due to access management
recommendations on Oregon Avenue. CONSULTANT will incorporate CITY‐provided plans
in bid sets.
Landscape design plans for Phase II are accomplished in Task 4.
This task will require redesign of 52 curb returns and the adjacent pavement areas to
comply with ADA requirements.
Assumes 2 redesigns of the Broadway intersection signal: 1 due to WSDOT requirements,
another due to property owner acquisition negotiations.
Assumes additional modifications to the Salt Lake Street signal due to utility relocations.
Assumes additional modifications to the Salt Lake Street intersection plans due to recent
development in the northwest corner of the intersection.
Assumes custom designed curb ramps will be required at all but 4 of the curb ramps due to
lack of available space within which to fit a standard curb ramp layout.
Assumes changing the striping and lane widths to accommodate WSDOT comments in both
the typical sections and the signing and striping sheets.
CONSULTANT will cooperate with utility owners and the City to determine anticipated utility
relocations.
3.3. Summary of Quantities and Opinion of Cost
CONSULTANT will update opinions of cost for Phases I with revised unit prices based on current pricing
data. Summary of quantities will be updated based on design changes in Phases I and II.
3.4. Plan Updates Based on Property Owner Discussions
CONSULTANT will update the design plans based on negotiations between the CITY and property
owners.
TASK 6. RIGHT‐OF‐WAY PLANS
Task 6 scope of work is supplemented with the following task:
6.5 Temporary Construction Easement Legal Descriptions
The CONSULTANT will prepare legal descriptions for each temporary construction easement
shown on the right‐of‐way plans. Legal descriptions will be prepared per WSDOT standards and
Page 104 of 143
SUPPLEMENT #7, EXHIBIT A-1: SCOPE OF WORK
REVISED: 12/22/2017 PAGE 5 OF 5
requirements. The CONSULTANT will resolve review comments from the CITY and WSDOT and
incorporate resolved comments into the final legal descriptions.
Subtask 6.5 Assumptions:
CITY will provide title reports, deeds, and other necessary material to prepare each legal
description.
The CITY and WSDOT will review the legal descriptions once prior to final submittal.
Task 6 scope of work is supplemented with the following task:
6.6 Plan Updates Based on Property Owner Discussions
CONSULTANT will update the right‐of‐way plans based on negotiations between the CITY and
property owners.
Add the following task to the scope of work:
TASK 9. CHANNELIZATION PLANS
9.1 Channelization Plans
CONSULTANT will prepare channelization plans for the 16 intersections within the project limits.
Channelization plans will be prepared to WSDOT standards. CONSULTANT will submit plans to
the CITY for review, and the CITY will submit the plans to WSDOT for review.
CONSULTANT will respond to review comments from the CITY and WSDOT. Draft submittals will
be delivered electronically in PDF format, and final signed and sealed channelization plans will be
submitted on 24x36 inch Mylar.
Subtask 9.1 Assumptions:
2 Draft Submittals are anticipated. The first draft will include AutoTurn movements, and
the second draft will not.
Redesign of the intersections based on recently developed WSDOT requirements is
anticipated.
This task assumes 2 redesigns of the horizontal layouts for all the intersections, based on
WSDOT direction and comments.
Subtask 9.1 Deliverables:
Draft Channelization Plans in PDF format.
Final Channelization Plans on 24x36 inch Mylar, signed and sealed.
Page 105 of 143
City of Pasco, Washington
Exhibit E-1
Oregon Avenue (SR-397) Corridor Traffic Study & Design
CH2M HILL
Employee or Category Hrs. Direct Salary Cost
2 Project Manager 32 76.99$ $2,463.68
4 Sr. Traffic Engineer 101 44.44$ $4,488.44
5 Traffic Engineer 0 -$ $0.00
7 Transportation Engineer 394 47.29$ $18,632.26
8 Utilities/Stormwater Engineer 60 47.29$ $2,837.40
11 Jr. Civil/Structural Engineer 226 25.48$ $5,758.48
20 CADD Designer 612 21.63$ $13,237.56
21 Project Acct/Procurement 15 38.35$ $575.25
22 Administrative Assistant 1 28.78$ $28.78y
Labor Hours (See Attached Labor Summary) 1,469 $49,304.25
Direct Salary Cost $49,304.25
Direct Salary Escalation Cost (estimated)
N/A 0%$0.00
Total Direct Salary Cost $49,304.25
Overhead Cost @ 114.16% of Total Direct Salary Cost $56,285.73
Fixed Fee @ 30.0% of Total Direct Salary Cost $14,791.28
Total Overhead & Fixed Fee Cost $71,077.01
Total Labor Cost $120,381.26
Direct Expenses
No. Each Cost
Reports 0 $0.05 $0.00
Misc. copies 0 $0.05 $0.00
Reprographics 20 $40 $520.00
Mail/Deliveries/etc. 0 $15 $0.00
Mileage 0 Mi. @ $0.535 /Mile $0.00
Auto Rental/Gasoline 2 days @ $85 /day $170.00
Lodging 0 days @ $110 /day $0.00
Aerial Photographs 0 $3,000 $0.00
Travel Total (airfare, train, etc) 0 $500 $0.00
Equipment Rentals, EDM, GPS 0 $50 $0.00
Parking 0 $30 $0.00
Per Diem 0 days @ $75 /day $0.00
Drilling 0 $4,500.00 $0.00
Excavating/Test Pit 0 $2,000.00 $0.00
Materials Lab 0 $600.00 $0.00
Total Expenses $690.00
Subcontracts
Bernardo | Wills Architects $336.21
Total Subcontracts $336.21
Total Lump Sum Price (Labor, Expenses, Subcontracts) $121,407
Page 1 of 6 Page 106 of 143
TaskCH2M HILL HoursCH2M HILL Labor SubcontractsExpense TotalOverall TotalTASK 1 - PROJECT MANAGEMENT AND COORDINATION59 $8,508 $0 $170 $8,678TASK 3 - FINAL ROADWAY DESIGN859 $71,047 $336 $0 $71,383TASK 6 - RIGHT-OF-WAY PLANS47 $4,352 $0 $400 $4,752TASK 9 - CHANNELIZATION PLANS504 $36,475 $0 $120 $36,595Total 1469 $120,381 $336 $690 $121,407Subs/Expenses BreakdownBernardo | Wills Architects 336$ CH2M HILL Expenses 690$ Total 1,026$ LABOR SUMMARY BY TASKPage 107 of 143
City of Pasco, Washington
TASK 1 - PROJECT MANAGEMENT AND COORDINATION
CH2M HILL
Employee or Category Hrs.x Rate =Cost
1 Principal-In-Charge 0 -$ $0.00
2 Project Manager 27 76.99$ $2,078.73
3 Sr. Quality Control 0 -$ $0.00
4 Sr. Traffic Engineer 0 44.44$ $0.00
5 Traffic Engineer 0 -$ $0.00
6 Sr. Civil/Trans Engineer 0 61.68$ $0.00
7 Transportation Engineer 20 47.29$ $945.80
8 Utilities/Stormwater Engineer 0 47.29$ $0.00
9 Lead Geotech Engineer 0 -$ $0.00
10 Sr. Geotech Reviewer 0 -$ $0.00
11 Jr. Civil/Structural Engineer 0 25.48$ $0.00
12 Project Archaeologist 0 30.48$ $0.00
13 Senior Environmental Reviewer 0 -$ $0.00
14 Senior Environmental Scientist 0 56.14$ $0.00
15 Sr. Architectural Historian 0 60.24$ $0.00
16 NEPA Planner 0 65.84$ $0.00
17 Right-of Way Land Surveyor 0 45.80$ $0.00
18 Survey CADD Technician 0 43.61$ $0.00
19 Technical Editor 0 -$ $0.00
20 CADD Designer 0 21.63$ $0.00
21 Project Acct/Procurement 12 38.35$ $460.20
22 Administrative Assistant 0 28.78$ $0.00
23 Senior GIS Analyst 0 -$ $0.00
Total Hrs. 59 $3,484.73
Direct Salary Cost $3,484.73
Direct Salary Escalation Cost (estimated)
NA 0%$0.00
Total Direct Salary Cost $3,484.73
Overhead Cost @ 114.16%of Direct Labor $3,978.17
Fixed Fee @ 30.0%of Direct Labor $1,045.42
Total Overhead & Fixed Fee Cost $5,023.59
Total Direct Salary Cost $8,508.32
Direct Expenses
Reproduction Cost No. Each Cost
Reports 0 $0.05 $0.00
Misc. copies 0 $0.05 $0.00
Reprographics 0 $40 $0.00
Mail/Deliveries/etc. 0 $15 $0.00
Mileage 0 Mi. @ $0.535 /Mile $0.00
Auto Rental/Gasoline 2 days @ $85 /day $170.00
Lodging 0 days @ $110 /day $0.00
Aerial Photographs 0 $0 $0.00
Travel Total (airfare, train, etc) 0 $0 $0.00
Equipment Rentals, EDM, GPS 0 $0 $0.00
Parking 0 $0 $0.00
PerDiem 0 days @ $150 /day $0.00
$170.00
Subcontracts
Bernardo | Wills Architects 0 $0 $0.00
$0.00
Subtotal $170.00
Total $8,678.32
Page 108 of 143
City of Pasco, Washington
TASK 3 - FINAL ROADWAY DESIGN
CH2M HILL
Employee or Category Hrs.x Rate =Cost
1 Principal-In-Charge 0 -$ $0.00
2 Project Manager 5 76.99$ $384.95
3 Sr. Quality Control 0 -$ $0.00
4 Sr. Traffic Engineer 101 44.44$ $4,488.44
5 Traffic Engineer 0 -$ $0.00
6 Sr. Civil/Trans Engineer 0 61.68$ $0.00
7 Transportation Engineer 225 47.29$ $10,640.25
8 Utilities/Stormwater Engineer 60 47.29$ $2,837.40
9 Lead Geotech Engineer 0 -$ $0.00
10 Sr. Geotech Reviewer 0 -$ $0.00
11 Jr. Civil/Structural Engineer 112 25.48$ $2,853.76
12 Project Archaeologist 0 30.48$ $0.00
13 Senior Environmental Reviewer 0 -$ $0.00
14 Senior Environmental Scientist 0 56.14$ $0.00
15 Sr. Architectural Historian 0 60.24$ $0.00
16 NEPA Planner 0 65.84$ $0.00
17 Right-of Way Land Surveyor 8 45.80$ $366.40
18 Survey CADD Technician 0 43.61$ $0.00
19 Technical Editor 0 -$ $0.00
20 CADD Designer 348 21.63$ $7,527.24
21 Project Acct/Procurement 0 38.35$ $0.00
22 Administrative Assistant 0 28.78$ $0.00
23 Senior GIS Analyst 0 -$ $0.00
Total Hrs. 859 $29,098.44
Direct Salary Cost $29,098.44
Direct Salary Escalation Cost (estimated)
NA 0%$0.00
Total Direct Salary Cost $29,098.44
Overhead Cost @ 114.16%of Direct Labor $33,218.78
Fixed Fee @ 30.0%of Direct Labor $8,729.53
Total Overhead & Fixed Fee Cost $41,948.31
Total Direct Salary Cost $71,046.75
Direct Expenses
Reproduction Cost No. Each Cost
Reports 0 $0.05 $0.00
Misc. copies 0 $0.05 $0.00
Reprographics 0 $40 $0.00
Mail/Deliveries/etc. 0 $15 $0.00
Mileage 0 Mi. @ $0.535 /Mile $0.00
Auto Rental/Gasoline 0 days @ $85 /day $0.00
Lodging 0 days @ $110 /day $0.00
Aerial Photographs 0 $0 $0.00
Travel Total (airfare, train, etc) 0 $350 $0.00
Equipment Rentals, EDM, GPS 0 $0 $0.00
Parking 0 $0.00
PerDiem 0 days @ $150 /day $0.00
$0.00
Subcontracts
Bernardo | Wills Architects 1 $336 $336.21
$336.21
Subtotal $336.21
Total $71,382.96
Page 109 of 143
City of Pasco, Washington
TASK 6 - RIGHT-OF-WAY PLANS
CH2M HILL
Employee or Category Hrs.x Rate =Cost
1 Principal-In-Charge 0 -$ $0.00
2 Project Manager 0 76.99$ $0.00
3 Sr. Quality Control 0 -$ $0.00
4 Sr. Traffic Engineer 0 44.44$ $0.00
5 Traffic Engineer 0 -$ $0.00
6 Sr. Civil/Trans Engineer 0 61.68$ $0.00
7 Transportation Engineer 11 47.29$ $520.19
8 Utilities/Stormwater Engineer 0 47.29$ $0.00
9 Lead Geotech Engineer 0 -$ $0.00
10 Sr. Geotech Reviewer 0 -$ $0.00
11 Jr. Civil/Structural Engineer 0 25.48$ $0.00
12 Project Archaeologist 0 30.48$ $0.00
13 Senior Environmental Reviewer 0 -$ $0.00
14 Senior Environmental Scientist 0 56.14$ $0.00
15 Sr. Architectural Historian 0 60.24$ $0.00
16 NEPA Planner 0 65.84$ $0.00
17 Right-of Way Land Surveyor 20 45.80$ $916.00
18 Survey CADD Technician 0 43.61$ $0.00
19 Technical Editor 0 -$ $0.00
20 CADD Designer 16 21.63$ $346.08
21 Project Acct/Procurement 0 38.35$ $0.00
22 Administrative Assistant 0 28.78$ $0.00
23 Senior GIS Analyst 0 -$ $0.00
Total Hrs. 47 $1,782.27
Direct Salary Cost $1,782.27
Direct Salary Escalation Cost (estimated)
NA 0%$0.00
Total Direct Salary Cost $1,782.27
Overhead Cost @ 114.16%of Direct Labor $2,034.64
Fixed Fee @ 30.0%of Direct Labor $534.68
Total Overhead & Fixed Fee Cost $2,569.32
Total Direct Salary Cost $4,351.59
Direct Expenses
Reproduction Cost No. Each Cost
Reports 0 $0.05 $0.00
Misc. copies 0 $0.05 $0.00
Reprographics 10 $40 $400.00
Mail/Deliveries/etc. 0 $15 $0.00
Mileage 0 Mi. @ $0.535 /Mile $0.00
Auto Rental/Gasoline 0 days @ $85 /day $0.00
Lodging 0 days @ $110 /day $0.00
Aerial Photographs 0 $0 $0.00
Travel Total (airfare, train, etc) 0 $0 $0.00
Equipment Rentals, EDM, GPS 0 $0 $0.00
Parking 0 $0 $0.00
PerDiem 0 days @ $0 /day $0.00
$400.00
Subcontracts
Bernardo | Wills Architects 0 $0 $0.00
$0.00
Subtotal $400.00
Total $4,751.59
Page 110 of 143
City of Pasco, Washington
Channelization Plans
CH2M HILL
Employee or Category Hrs.x Rate =Cost
1 Principal-In-Charge 0 -$ $0.00
2 Project Manager 0 76.99$ $0.00
3 Sr. Quality Control 0 -$ $0.00
4 Sr. Traffic Engineer 0 44.44$ $0.00
5 Traffic Engineer 0 -$ $0.00
6 Sr. Civil/Trans Engineer 0 61.68$ $0.00
7 Transportation Engineer 138 47.29$ $6,526.02
8 Utilities/Stormwater Engineer 0 47.29$ $0.00
9 Lead Geotech Engineer 0 -$ $0.00
10 Sr. Geotech Reviewer 0 -$ $0.00
11 Jr. Civil/Structural Engineer 114 25.48$ $2,904.72
12 Project Archaeologist 0 30.48$ $0.00
13 Senior Environmental Reviewer 0 -$ $0.00
14 Senior Environmental Scientist 0 56.14$ $0.00
15 Sr. Architectural Historian 0 60.24$ $0.00
16 NEPA Planner 0 65.84$ $0.00
17 Right-of Way Land Surveyor 0 45.80$ $0.00
18 Survey CADD Technician 0 43.61$ $0.00
19 Technical Editor 0 -$ $0.00
20 CADD Designer 248 21.63$ $5,364.24
21 Project Acct/Procurement 3 38.35$ $115.05
22 Administrative Assistant 1 28.78$ $28.78
23 Senior GIS Analyst 0 -$ $0.00
Total Hrs. 504 $14,938.81
Direct Salary Cost $14,938.81
Direct Salary Escalation Cost (estimated)
NA 0%$0.00
Total Direct Salary Cost $14,938.81
Overhead Cost @ 114.16%of Direct Labor $17,054.15
Fixed Fee @ 30.0%of Direct Labor $4,481.64
Total Overhead & Fixed Fee Cost $21,535.79
Total Direct Salary Cost $36,474.60
Direct Expenses
Reproduction Cost No. Each Cost
Reports 0 $0.05 $0.00
Misc. copies 0 $0.05 $0.00
Reprographics 1 $120 $120.00
Mail/Deliveries/etc. 0 $15 $0.00
Mileage 0 Mi. @ $0.535 /Mile $0.00
Auto Rental/Gasoline 0 days @ $85 /day $0.00
Lodging 0 days @ $110 /day $0.00
Aerial Photographs 0 $0 $0.00
Travel Total (airfare, train, etc) 0 $0 $0.00
Equipment Rentals, EDM, GPS 0 $0 $0.00
Parking 0 $0 $0.00
PerDiem 0 days @ $150 /day $0.00
$120.00
Subcontracts
Bernardo | Wills Architects 0 $0 $0.00
$0.00
Subtotal $120.00
Total $36,594.60
Page 111 of 143
AGENDA REPORT
FOR: City Council January 8, 2018
TO: Dave Zabell, City Manager Regular Meeting: 1/16/18
FROM: Dave Zabell, City Manager
Executive
SUBJECT: Purchase and Sales Agreement with DNR
I. REFERENCE(S):
DNR Purchase Sales and Lease Agreements dated January 5, 2018 entitled: Agreement
for Purchase and Sale of Surplus Personal Property under RCW 39.33.010
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve the purchase and sale agreement with DNR authorizing
the purchase of the water right S3-28876(A) for $105,525 and authorize the City
Manager to execute all necessary documents.
III. FISCAL IMPACT:
Utility Fund (Water) - $105,525
IV. HISTORY AND FACTS BRIEF:
The Department of Natural Resource (DNR) owns various properties within the city,
some of which are leased and some for sale. In the summer of 2016, DNR put up for
auction a portion of the 179 acres they own south of I-182 and west of Road 68. DNR
had previously moved the water right into trust in 2014. The water right was a
seasonal right with a fairly substantial Qi (instantaneous rate of flow) of 5cfs and a Qa
(annual quantity of water) of 716 ac-feet/year. It was a certificated right. With the
water right in trust, the new owner of the property has no water right to assign to the
city putting the developer and the city in the position of providing potable and
irrigation water to the new development.
V. DISCUSSION:
Over the past year, the City has worked through its government affairs consultant,
Gordon Thomas Honeywell, to negotiate a purchase and sale agreement with the
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Department of Natural Resources (DNR) for acquisition of water rights associated with
DNR lands in the vicinity of Road 68. Senator Schoesler has been instrumental in
assisting the City efforts in this regard. The election of Commissioner of Public Lands,
Hilary Franz, in 2016, and her subsequent involvement in 2017, also helped to clear the
bottleneck.
The negotiations involved numerous meetings, phone conferences and written
communication. The subject water right, S3-28876 has a Qi of 1.78 cfs and a Qa of
316.3 acre-feet/year. Of this water right, only 60.3 acre-feet had been put to beneficial
use and perfected.
The agreement provides for the purchase of the 60.3 acre-feet at current market rate of
$1750 per acre foot, with the remainder of the un-perfected water right (256 acre-
feet/year) included at no additional cost, for a total purchase price $105,525.
To put all or a portion of the remaining 256 acre-feet of water to beneficial use, DNR
has agreed to lease to the city at a nominal cost, the land appurtenant to the water right
which is also part of the proposed agreement. This land sits north of I-182 and west of
the Lowe’s property and north of the Franklin Irrigation canal and south of the DNR.
In order to put the land to beneficial use the city will contract with a local farmer to
plant and irrigate this property this year. DNR has already leased a portion of the
property to the Lowe’s management and the city will negotiate with them to irrigate
their portion of the DNR property. The remaining land the water right is appurtenant
to is already being irrigated.
Recommendation
Staff recommends, Council approve the purchase of the water right S3-28876 for
$105,525 and approve the DNR lease to irrigate DNR land.
Page 113 of 143
Water Permit PSA Page 1 of 30 1/5/2018
STATE OF WASHINGTON
DEPARTMENT OF NATURAL RESOURCES
HILARY FRANZ, COMMISSIONER OF PUBLIC LANDS
AGREEMENT FOR PURCHASE AND SALE
OF SURPLUS PERSONAL PROPERTY UNDER RCW 39.33.010
THIS AGREEMENT is made as of the _____ day of January, 2018, by and between the STATE
OF WASHINGTON, acting by and through the Department of Natural Resources ("State” or
“DNR”) and the CITY OF PASCO, a municipal corporation ("City"), located in Franklin County,
Washington.
WHEREAS, DNR manages real property owned by the State of Washington located in Franklin
County Washington;
WHEREAS, the State sold certain real property located within the Pasco city limits;
WHEREAS, the State owns a surface water permit that includes within its place of use a portion of
the real property sold;
WHEREAS, the State reserved all water rights in the sale of the real property; and
WHEREAS, the State desires to assign the water permit to the City, and the City desires to acquire
the water permit;
NOW, THEREFORE, in exchange for the mutual promises and covenants herein contained, and
other good and valuable consideration, the mutual receipt and sufficiency of which is hereby
acknowledged by State and City, it is agreed as follows:
SECTION 1 WATER PERMIT/LAND USE LICENSE
1.1 Water Right to be Sold. The State shall sell and assign to the City, and the City shall
purchase and accept from the State, all subject to the terms, conditions, and contingencies of
this Agreement, Surface Water Permit S3-28876P(A) (“Water Permit”), attached as Exhibit A.
1.2 Land Use License. At Closing, or within ___ days of Closing, the State shall issue the City
a land use license, substantially in the form attached as Exhibit C, for a one year term, to irrigate
20.02 acres of state land located at:
That portion of the N1/2 of Section 16, Township 9 North, Range 29 East,
Willamette Meridian, Franklin County, Washington, lying northerly of the
northerly margin of State Route No. 182, as described by that document
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Water Permit PSA Page 2 of 30 1/5/2018
recorded May 21, 2007, under Auditor’s File No. 1702317, Franklin
County Records, and lying westerly of Lots 7, 8 and 9, and westerly and
southerly of Burden Road, as shown on Binding Site Plan No. 2001-04,
recorded July 11, 2001 under Auditor’s File No. 1592535, Franklin
County Records
during the 2018 irrigation season for the purpose of allowing the City to perfect the water
authorized under the Water Permit. The City shall have the option to extend the land use license
one additional year if weather prevents perfection of authorized water during the initial term of the
land use license. The City shall provide the State written notice of its intent to exercise this option
to extend at least 14 days prior to the expiration of the initial one-year term or by November 30,
2018, whichever is earlier.
SECTION 2 PURCHASE PRICE
2.1 Purchase Price. The City shall pay to the State the Purchase Price of ONE HUNDRED
FIVE THOUSAND FIVE HUNDRED TWENTY FIVE dollars ($105,525.00) in consideration for
the Water Permit, land use license, and option to extend the land use license an additional year.
2.3 Tax. The City shall pay any and all real estate excise tax that may come due as a result of
this transaction.
SECTION 3 CLOSING
3.1 Closing Date. "Closing" shall mean the date upon which the City has paid the Purchase
Price to the State and the parties have executed and filed the assignment of the Water Permit as
provided in Subsection 4.1. Closing shall be as soon as practical to facilitate an orderly closing and
all terms, conditions, and contingencies have been met.
3.2 Place. Closing shall be carried out at the Olympia office of DNR. The City acknowledges
that State is acting as an interested party in preparing documentation for and closing this sale; the
State is not acting as an escrow.
SECTION 4 ASSIGNMENT
4.1 Form of Assignment. The State shall assign the Water Permit, and City shall accept the
assignment, substantially in the form attached as Exhibit B (“Assignment”). The State shall file the
Assignment with the Washington State Department of Ecology and pay the required filing fee.
SECTION 5 RIGHTS AFTER ACCEPTANCE
5.1 Studies. Following the date of this Agreement, the State shall provide the City water
metering data and any other available data in the State’s records relating to the State’s usage of
water under the Water Permit to the extent such data has not been provided earlier. The City shall
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Water Permit PSA Page 3 of 30 1/5/2018
have the right to prepare or have prepared studies or investigations (“Studies”) with respect to the
Water Permit. All information discovered by the City through the City’s studies or investigations
shall be deemed to have been disclosed by the State. With respect to such Studies, the City agrees
that it is not acting as the agent of the State and that consultants or other persons are solely
employed by the City to perform Studies for the City. In the event that the City does not complete
the purchase of the Water Permit, it shall provide the State with its Studies at no cost to the State.
5.2 Condition of Purchase. If the City determines that the Water Permit is not reasonably
suited for the intended use by the City, the City may terminate this Agreement without further
obligation. The City shall give the State written notice of the City’s decision to terminate within
thirty days of the date of this Agreement. The termination notice shall specify the problems
identified.
SECTION 6 CONTINGENCIES
6.1 State. The State's obligations under this Agreement are subject to and contingent upon the
following:
(a)Receipt of the purchase funds from the City; and
(b)Execution of the Assignment by the City.
6.2 City. The City’s obligations are contingent upon the following:
(a)Available funds sufficient to complete the purchase; and
(b)Execution of the Assignment by the State.
SECTION 7 REPRESENTATIONS AND WARRANTIES
7.1 As Is. The City acknowledges the following: (a) the Water Permit is classified as a
Publicly Owned Land Permit in accordance with Chapter 90.66 RCW; (b) the State has not
submitted the Water Permit to the Department of Ecology for proof of appropriation; (c) the State
has not put all of the water authorized under the Water Permit to full beneficial use but estimates
that 60.3 acre-feet are currently subject to proof of appropriation; and (d) the State makes no
representation or warranty of the availability, quality, or quantity of the water authorized under
the Water Permit or the fitness or suitability of the Water Permit for the City’s intended use. Any
representation by State of the number of acre-feet susceptible to proof of appropriation as of the
date of this Agreement are estimates only. No employee or agent of the State is authorized to
make any warranty or representation to the contrary.
The Water Permit is sold in its “AS IS” condition. The City accepts the risk that the extent of
water authorized under the Water Permit may not result in a fully certificated water right issued
by the Department of Ecology. The City is encouraged to examine available records of water
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Water Permit PSA Page 4 of 30 1/5/2018
usage and determine for itself the fitness of the Water Permit for its intended use.
7.2 Authorization. The State and City have the right and authority to enter into this Agreement
and all documents contemplated by this Agreement, to make the representations and warranties set
forth herein and to perform this Agreement in accordance with its terms. Neither the execution of
this Agreement nor its performance by either party will conflict with or result in the breach of any
encumbrance, restriction, covenant, agreement or other undertaking whatever.
7.3 Unrecorded Encumbrances. To the best of State’s knowledge, there are no unrecorded
leases, licenses or encumbrances affecting the Water Permit.
7.4 Release/Indemnity. The City hereby fully releases the State, its officers, agents, and
employees, from any and all liability to City arising out of or related to any condition or use of
the Water Permit prior to, at, or after Closing, including, but not limited to, water availability,
quality, or quantity, and any other water-related problems such as, but not limited to, lack,
contamination, failure, excess, shortage, interruption, or stoppage.
To the extent allowed by law, the City agrees to indemnify, defend with counsel acceptable to the
State, and hold harmless the State, its agencies, officers, employees, and agents from (a) all
liabilities, losses, claims, demands, damages, assessments, costs and expenses (including reasonable
attorneys' and consultants' fees) of every kind (hereafter "Liabilities") resulting from, arising out of
or relating to the breach by City of any of its warranties, representations or covenants contained in
this Agreement and (b) all Liabilities arising under, resulting from, or arising out of, any condition
of the Water Permit or water authorized under the Water Permit or uses of the Water Permit or
water by the City, its agents, employees, contractors, subcontractors, permittees, or lessees.
SECTION 8 CLOSING AND CLOSING COSTS
Prior to or at Closing, the parties shall do the following:
8.1 State.
(a)Provide a duly executed and acknowledged Assignment of Permit and a copy of the
Water Permit;
(b)File the fully executed Assignment of Permit with the Department of Ecology and
pay the filing fee;
(c)Sign a Real Estate Excise Tax Affidavit; and
(e)Provide any other documents necessary to consummate this Agreement.
8.2 City.
(a)Pay the Purchase Price required under this Agreement.
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Water Permit PSA Page 5 of 30 1/5/2018
(b)Sign a Real Estate Excise Tax Affidavit;
(c)Provide a duly executed and acknowledged Assignment of Permit; and
(d)Provide any other documents necessary to consummate this Agreement.
SECTION 9 SURVIVAL
The representations, warranties, indemnification and obligations (to the extent such obligations are
not fully performed at closing) contained herein shall survive Closing in order to be fully effective.
SECTION 10 NOTICES
All notices required or permitted to be given hereunder shall be in writing and shall be deemed
given upon personal service or receipt after deposit in the United States first class mail addressed as
follows:
To City:
______________________________
______________________________
______________________________
To State:
Department of Natural Resources
Conservation, Recreation & Transactions Division
ATTN: Michelle Burbidge, Project Manager
PO Box 47014
Olympia, WA 98504-7014
The foregoing addresses may be changed by written notice.
SECTION 11 MISCELLANEOUS
11.1 Entire Agreement. This Agreement constitutes the entire agreement between the parties.
No other prior and contemporaneous negotiations, understandings and agreements, whether oral or
written shall be deemed to exist or bind any of the parties hereto.
11.2 Binding Nature. All rights and obligations arising out of this Agreement shall inure to the
benefit of and be binding upon the respective successors, heirs, assigns, administrators, executors
and marital communities, if any, of the parties hereto.
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Water Permit PSA Page 6 of 30 1/5/2018
11.3 Washington Law. This Agreement shall be construed, interpreted and enforced pursuant
to the laws of the State of Washington. Venue shall be in Thurston County. The terms of this
Agreement shall be given their ordinary meaning and shall not be presumed construed in favor of or
against either party hereto.
11.4 Time of the Essence. Time is of the essence of this Agreement. No waiver or consent to
any breach or other default in the performance of any of the terms of this Agreement shall be
deemed to constitute a waiver of any subsequent breach of the same or any other term or condition
hereof. In the event time for performance falls on a weekend or legal holiday designated by the
United States or Washington State, performance shall be deemed to be timely rendered if so
rendered on the next business day.
11.5 Captions. The captions and section headings hereof are inserted for convenience purposes
only and shall not be deemed to limit or expand the meaning of any section.
11.6 Invalidity. If any provisions of this Agreement shall be invalid, void or illegal, it shall in
no way affect, impair or invalidate any of the other provisions hereof.
11.7 Counterparts. This Agreement may be signed in counterparts, any one of which shall be
deemed an original.
11.8 Date of Agreement. The date of this Agreement shall be the date on which the last party
executes this Agreement. Said date shall be inserted on the first page hereof when such date is
determined.
11.9 Good Faith. Both parties shall act reasonably and in good faith in order to consummate this
transaction.
11.10 Default. In the event that either party defaults in the performance of any of that party's
obligations under this Agreement, the non-defaulting party shall have all remedies available in law
or equity, but neither party shall be liable for consequential damages.
11.11 Attorneys' Fees and Costs. In the event that either party commences any legal action
relating to the provisions of this Agreement, the prevailing party shall be entitled to its reasonable
attorneys' fees together with paralegal, accountant and expert witness fees and all other fees, costs
and expenses actually incurred and reasonably necessary in connection therewith, and costs,
including those incurred on appeal, in addition to all other amounts provided by law, regardless of
whether the matter proceeds to judgment or is resolved by the defaulting party curing the default.
11.12 Assignability. This Agreement shall not be assigned without the prior written consent of
the State, which shall be at State’s sole and absolute discretion.
11.13 Advice of Counsel. The parties acknowledge that they have had an opportunity to seek
independent legal advice regarding this transaction.
Page 119 of 143
Water Permit PSA Page 7 of 30 1/5/2018
IN WITNESS WHEREOF, the parties have executed this Agreement the date and year set forth
opposite their respective names.
STATE:
STATE OF WASHINGTON
DEPARTMENT OF NATURAL RESOURCES
Date: ___________________ 20___. ______________________________________
By: __________________________________
Title: _________________________________
CITY OF PASCO:
Date: ___________________, 20___. ______________________________________
By: __________________________________
Title: _________________________________
Approved as to Form this ____ day of
________________________, 20___.
______________________________
Assistant Attorney General
State of Washington
Page 120 of 143
Water Permit PSA Page 8 of 30 1/5/2018
STATE ACKNOWLEDGMENT
STATE OF WASHINGTON )
)ss
COUNTY OF THURSTON )
On this day of , 20 , personally appeared before me
Hilary Franz, to me known to be the COMMISSIONER OF PUBLIC LANDS of the Department of
Natural Resources, State of Washington, who executed the within and foregoing instrument on
behalf of the State of Washington, and acknowledged said instrument to be the free and voluntary
act and deed of the State of Washington for the uses and purposes therein mentioned, and on oath
stated that he was authorized to execute said instrument and that the seal affixed is the official seal
of the Commissioner of Public Lands for the State of Washington.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first
above written.
Notary Public in and for the State of
Washington, residing at .
My appointment expires .
[Insert City acknowledgement]
Page 121 of 143
Water Permit PSA Page 9 of 30 1/5/2018
CITY OF PASCO ACKNOWLEDGMENT
STATE OF WASHINGTON )
)ss
COUNTY OF FRANKLIN )
On this _____ day of ______________________, 20___, personally appeared before me
_______________________ to me known to be the ______________________________ of the
CITY OF PASCO that executed the within and foregoing instrument, and acknowledged
said instrument to be the free and voluntary act and deed of said corporation, for the uses and
purposes therein mentioned, and on oath stated that ___________________________________
authorized to execute said instrument for said corporation and that the seal affixed is the
corporate seal of the said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above
written.
________________________________________
Notary Public in and for the State of Washington,
residing at ______________________.
My appointment expires _____________________.
Page 122 of 143
Water Permit PSA Page 10 of 30 1/5/2018
EXHIBIT A
WATER PERMIT
Water Permit S3-28876P(A)
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EXHIBIT B
ASSIGNMENT OF WATER PERMIT
Assignment
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EXHIBIT C
LAND USE LICENSE
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