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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 SURVEY REFERENCES Iazaaaa U ma:0 LEN a mu L NDLE 01 aa BEARING IRIISHORTPLATNO95-sh/0L.Nae 352.av CHRISIENSON “"9 "’S‘;‘/2.5;???Iii}‘a3§;f gggtmeE F'”“''"'4"°F (R2)MARION a mags EDUNDARV LINE ADJIJSTMENTSURVEVI(VOL 2 as I42)I av Naaawm sea.I72)as as 55 913 N2)155116 5,.-23:;ELLI E E 31-AT(SIEIIIIORTPLATNo2nua.I9IvoL ’I we my EV DVCK (R2)3;is:55(R2)was <1 svnws E I I AL FLAT or SUNSET MANOR (VOL D PG I73)av CHRISTENSON v 4'37 N!NEE'5E 3;E Ia5I EINAI FW 0;CIIIAWANA ESIAIESIIIOI DII,I3_“II E,SIRIIIION 5;I521:gg?ogg gggg N591”.E VERTICALDATUIII LOCATED IN THE E 1/2 0;THE SE I14 OF SECTION I7,TOWNSHIP 9 NORTH,RANGE 29 EAST or IaaI Lavusmams II mass 3 (VOL a as 2am av DENNY :5 :55;‘532:2?5:23:315 I cITvor-'PAs<:o INGvI729),We 1"50'THE WILLAMEWEMERIDIANcm or wasco.FRANKLIN couNrv,WASHINGTON ROADWAY CONSTRUCTION CENTERLINE NOTE C11 9.27 amsa mama E W”I"5"5"’5I FIE‘//‘T'°I‘4=39?'2 75 50 we sTERLINe ROAD cENTERLINE IS snovw PER THE CIVIL IMPROVEMENT PLANS FOR THE ELLIE 9‘?“'32 ‘W 13 5751 t4 EssmssSI/EDIVISION aaaama av HDJ-A DIVISIONOF Pas IP55 ENGINEERING a 2}?§S'§;35255‘33013227W BASIS OF BEARINGS ENVIRON!/IENTALIIAPPROVAL am;MARCH 13 2017 as am '3-ii‘?5??-3325,BE"‘““‘3 “F N“"5255‘W‘L°NG THE SOUTH LINE AREA OF DEED OVERLAP NOTE SI um Im 23 5mm II LINE TABLE o:grNNams5EuIIIIILsrouaarsaorSECTION 17.a 53 Iaxsnw NA9141 W , I aga (Ray BETWEEN soaNa mg LAND ON 30TH suags op mus CONFLICTING aowaaav ma OWNED av HUGHES LIVINGmy 213‘aiii 32323?‘a'3 7”‘5‘"‘"5‘"‘’‘°‘I “E ”°“”’”E'"5 ‘T “E 5”“°“’‘"E‘‘“RN”*'*.arms:a ‘I NJ1‘Ims1 a Lav soun-«EAST co Em WWW CORN“OF PRIOR To THE sALE or LAND oN em/«am DEED 555455 mus DEED LINE Is REFLECTED AS THE on 31.45 2m 59 5127 317235 E 2 mm L:E mm RN“OF ‘AID 5E°7‘°“‘7 SECIIDN I7 Nm FWND DASHED LINE,WHICH IS NORTH OF THE PARCEL EOUNDARY THAT WE ARE SHOWING ON THIS MAP 52‘33-77 2'45 532 33 55 GT2:35 w 3 SE00 :5 W E M mww"mN§wuc“°“ ESTAEIJSNEDE‘P;II7FnI.II.IuNm C21 3127 8935 55 .35 Saw so E L6 S8B'Da :5 E EM cENTEm‘NE'SEE Now DI5IA,ICE_I,I5.I N 013 82.17 SW 50 32.10 s5J\152s E 7°‘/N“3'3R!5S CAP IN CASE FRI,”NE A 5E“S§§II‘§I‘f"5‘”c24 V2 oa I1:01 12.66 sswz 2|E N NE INrENsr:cvIoN or CDRNRS 5,55,IIII II“)EASIERLV PROJECTION C25 -83 rm :3 .ss somss w ARDEN’Row as new 34.new nr Fcu:mm czs naz .157203 75.53 77-av 25 w cALcuLnEn Luwum as SE EASVERLYpnmzcvum ’‘’‘”'‘‘“°‘'5 5°‘““E*5'souw aw Dr wAv LINE coma?or as V.or Na FUINT or svma Rum ,,,,g3§gp;g;cgEc"°N'1 suz-II'os'w 3000'SE I .0;ma.5:: _7_E ,_SWIWW “MEI ______RoAD II4 ___ 7 /smug»..7 soum am or wn UNE WWI WW I” I Smwz sI)21I‘a6'v4 5D>.sn‘..‘-—-,.--—._I/\_. _I I mr /wax nu)‘F ‘I sozwvuaw 340.09 MIIWII mu.,2 -—— '558.95‘R!)I I I 'O I su2~1I’oe'w aaaaa I 10.4!‘I ItrmmoREBARmusmmaN.f , I V I -~ _ — 0aama:mm W saw,7‘ ‘W1 _I 11292 _(mm I vaaaa I -—— _ms‘nzw aaoaaavv mam _E _IE —___g I 2umums:T NEW pm V T ——~—4 II M .5‘.?¥%a”E‘ié“I'a‘-‘"a:‘L‘S5f“’“‘mg':,“sg;"Em '3 ?.W‘-_.NOTE I am {am AFN 1575750 ”““"““'ggggggswuoggggionraw I Ig I3aaumszrNEWPIN I I-3314‘n E.(1 \a“d\“‘I g I~I IQ I?0 N59’>V4a5»..;»«1 Nae I.4 a B u N r I . I, ——7 I5 90°.30 20..anan.,2.am or vmcznmMW5FE2°"4 S F -..I9 755 s F .2 20 s91 S a .,a»»I ama ENENEEITS066An-0 as Ac .m a 45 AC .«-nmumv cmvsamz DETAIL -=5 '2 “""5 I a.swm —— 5 5*E SW m«INaazaaa Mm RIGN'r—or—wAvLINE ‘I0 E»E g Tmu ma:mmmum:BENT 5/5‘Azw CAP.P5REc5;EE,R'Dv4.'5D‘o;RDM_:7»;0.13‘mm Pwow NEH Eg m?uzw,saom av saIN‘»To'L'EW "07 SET NEW P-Ng:-E mo Mar an NEVI am Im W “I I J a so21I'os'w zaavv I I am Imus‘I ..,,,I,I,v II IgSW63“Im,I so2'Io‘5s'wI95,55‘9‘w mm ?g soz1u‘5a'w Ions‘ I _I I n 9556 52.55"5154‘5:39‘°E”"”‘E‘" 3 ‘ I DEDICAIEI:I 5'IRI?ESMY I I 3 I I _‘*‘INEa:avamcavaaI’I 79757“-.2 I II 3 :I I comm. 0 SW ‘I4 :;I « I0 2 9 51‘13 I2 ’ II M I~I 0 2uIo225 F ..I I .3 20,790 5 F ‘IV 20 57‘s F,-3 2n,s2s s F I ’W U 5“”“"“W 3 2a,mss,21I8‘?SF _.-I uasAc {C o47Ac .u47Ac AREA or nEEn _,:, I E uaa Ac a.suAc I ;If S I OVEN-‘R SEE NOTE 3 TIJRDUDISE m 5 CNIAWANA S01‘1l'13'EIss.5\a I‘II a 6 Cl MIG» II a ,m a scHwL In I M)IRR.EMT RESERVED K W BE“57 av aasa.Am IEO016.I (Ta 9:wmm av I I I seam:aoauaam I WARGENYRQAD E I"L Ia. _®_Im,7 m“.—I<VICINITY MAP K —__ x _.I3 NOT TD same 2 5‘K RoADwAv L‘oNsrwuz:I‘IuN E2II ..»cmTEI?uN:SEE Nave »<2ursi2.-5:I « mm I — 3 I:“W ,__J g LEGEND a.ABBREVIATIONS Im A0.I E -;IE1 .INDICATES say was cap WITH PUNCH IN2.;2 SIII,CONCRETE casa AND cox/ER smaaga M15313 zD17' 'T1745‘_T_~96",:a>——3%,5 I,‘,as SETS/B"x3D IRON REBARWITHYELLOWPLASTIC :a :v :_\<*,I I aaa smmasa wmmmzzo 45313"IN ms am 5 W I I 9 FOUND PROPERTV PIN AS NDTED,WITHIN 01 or [EL mm mmm I ._ WW“II” $ CALCULATED UNLESS omgawusa NOTED%ccEssk FOUND sum/Ev MONUMENTAs NOTED*7 I_I II 6 I.,E:"L"N"I2::II,o maamaa NOT SET "5,20 D31 S F ;I '5 ;._I -8 II I I Ran DENoTEs REcoRD DIMENSION PER INDICATEDwis/ac.-g 3 ._I suRvEv REFERENCE sag LIST “20 ~21 §22 II ““szcnou macaw ac ACRES 1:I 8 ’.a_‘f;233:1:F -3 2342515F-;201505 a II§I §I AFN aaanoa FILE Namaza p _g -."as AC ..9 M20 5 F N ..I 9 I I §§3 own. IIEIM I C»Dames aaaaa am,SEE TABLE I,45 AC:_§25 M S F §22 W S I z 1 § L '3 I ESMT DENDTES EASEMENT .DSEAC .ns2Ac 5'ma.Esm .9,FCID FRANKLINcoumv IRRIGATION DJ.X mam I g I I W um» I I I IIND5a-REIWNI,/W,3;m‘M "W,_I Lt:amass LINE am,sag mam Nnwim‘:I55 5 -15 .,;§:gE“.¢L:’;“‘”‘°*'“’IL I fgzngggwvs pa E aaaaa anmv EASEMENT 5.I,“N,-,, 20 IE 5 F E I mu‘—3,.am ‘,_III II.I_I a‘3 I I Rw DENOTES RIGHTDF-WAYosaumsa av ms awTjIN:xEavDEDICAIED 3 II 0'45Ac ,3‘IIDNVE W I“/_I s F SQUARE FEET W 7.11.;umzav _5 \(319.15 Rs) W_wmw II,OI_I,,G I VOIIIMEI PAGE°E”‘°'"m T W’“"1 WEB‘rauun nae»:Mm I.~T mwaa:_____mm mm W “W I 5.,I I II .,E,,Ic,.,EI,SWIM mow mm mm sea;Vl|sVEN§_vVIELé?III{0 SECYIEJNop SECTION SUEEDIVISIONLINE YELLOWPusnc cu:azsawm mm w ALONGaaaszm UNE mo»aaopbm cI':aNEa ———Texusrws RIGHT-OF—W/-KYcI\mu.ALONG aaaazaav LINE Mun:NIHII \an WI SEI I9,,,.,I 5.15zt5'~\91.22‘P _.l —Esxmwe aumapwav CENTERLINE. I E:Ia art‘I,FOUND I—I/2-IRON mus,ND2’7J'5a'E 755 20'I E0 39‘AREA or DEED _______.I S7I.E_MI."W (755 II,R2 I’W \gII,,.»;I).vA\ovzmw.SEE NOTE E ——EXISTINu ADIAcENT PROPERTV LINE PRDPERTVCORNER A P‘—4 T — _ TImaNU!iv NEW PIN I,,«>Ioa§;30'ac‘ ’ I IN I I E‘* III»I II 'V’—9“5"N5 EASEMENY I II§§I«;Ea “II I 9;,5¢v~°‘.9"\_v:‘I’o\\was I Iaggaw I R Y aw aoaNaaav ago“van IN)’ I _II§aaa Ia.)§eD‘*:_I>“‘?’aexao‘\WEE I Eu»?~—aIsNr.oa.wAv agmcavaa av ms am A Ia'pIEI;w(REsINT Ina IIIIIII,E5,” ’2 E I In.um"{SW we \IX\\1*"‘—ERIGNLOE-wAv CENTERLINEIIwas(no)I E - FER II“)I am anaww EsmzsJ NEWIOI IINE AUDITOR'S CERTIFICATE CITY or PASCO SURVEYOR'S CERTIFICATE ‘' —————_a/.sENENr asmaavga av ms aw FILED ma agcoaa WITH ma FRANKLIN couNTv Naamaa omcz ma DAV or I ALEDVANDERa was 2W III II III IOIUME or PINS N mf M I_HE_HERE”Cm“mmxizzo,agmsmzza ASA PROFESSIONAL LAND sum/EvoR av we snug ea WASHINGTON I I- I I WM sAIDsuRvEv ""‘“"""‘ HAVING BEEN agammaa UNDER MY mascnoN mom Nam T0 No\/ENIsER2nI7 ‘:35-;:II;::IIv:=m SLARI/Evow aamasaa mawza am mam FRANKLINCDIJNTV AUDITOR av DEPUTV FRANKLIN COUNTVAUDITOR ‘nasaa_NAsa:m'may ,ID,,I—WIIII III,“I,SOME I W ALEXANDERa Nmama PROFESSIONALIJ-XNDsaavgvaa an;L 5°”W IINDEXN0REGISTRATIONND4631!!mm mm 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 CERTIFV THAT WE ARE THE DwNERs OF THE TRACT OF IAND DESCRIBEDHEREON‘HAVE wITN OUR FREE CONGENT AND IN ACCORDANCE WITH OUR DEsIREs CAUSED THE sAID TO BE sURVEVED AND RLATTEO As sHOwN HEREON.DO HEREEV DEDICATE THOsE sTREETs ANDIOR ROAD RIGHTsOF—wAVsNOwN HEREON TO THE UsE OF THE RUELIC,DO HEREBY VVAIVEON DEHALF OE THEMSELVES AND THEIR sUCCEssORs IN INTEREsT ALL CLAIMS EOR DAMAGES AGAINsT THE CITV OF RAsCO AND ANV OTHER GOVERNMENTALAUTHORITYwHICH MAV BE OCCAsIONEO TO THE ADJACENT LAND EV THE EsTAeLIsHED CONSTRUCTION,DRAINAGE AND MAINTENANCEOF sAID DEDICATED GTREETG ANDIOR RlGHTS—OFEWAY_AND DO HEREDV DEDICATE THE EAsEMENTs As sHOwN HEREON FOR THE USES INDICATED THIs sUEDIVIsION sHALL HEREAETER BE KNOwN AND DEsIGNATED EV THE NAME"ELLlE ESTATES‘ MARION HUGHES‘TRUsTEE DATE GERVADINE HUGHEsITRUsTEE DATE ACKNOWLEDGMENT sTATE OF CDUNTV OF I CERTIFY THATI KNOW OR HAVE sATIsFACTORV EVIDENCE THAT MARIONHUGHES‘HAG SIGNED THIs RLAT As TRUsTEE OE HUGHEs LIVING TRUsT ON OATH sTATED THAT E Is AUTNORIzED TO ExECUTE THIs RIAT AND ACKNOWLEDGED IT As THE FREE AND VOLUNTARV ACT OF sUCH RARTV EDR THE USES AND RURROEEG MENTIONEDON THIS RLAT. NOTARV RUELIC DATE NIVARROINTMENT ExRIREs REsIDING ACKNOWLEDGMENT sTATE OF COUNTYOF I CERTIFV THAT I KNOw OR HAVE sATIsFACTORv EVIDENCE THAT GERVADINE HDGHEE HAG SIGNED THIs RLAT As TRUsTEE OF HUGHES LIVINGTRUST,ON OATH sTATED THAT?E Is AUTHORIzED TO EKECUTE THIG RLAT AND ACKNOWLEDGED IT As THE FREE AND VOLUNTARVACT OF sUCH RARTV FOR THE UsEs AND RURROsEs MENTIONED ON THIs RLAT NOTARV RUDLIC DATE MV ARROINTMENT ExRIREs REsIDING TREASURER'S CERTIFICATE I HEREDV CERTIEV THAT THE TAxEs ON THE LAND DEGCRIDED HEREON HAVE BEEN PAID TO AND INCLUDINGTHE YEAR 20 A D TAx FARCEI.SIIB—13D»D41‘HE-13I)D59 A IIs.IsI.DIG FRANKLINCOUNTV TREAsURER DATE ERANKLINCOUNTV AssEssOR DATE AF PROVALS THE ANNEXED RLAT I5 HEREDV AREROVED EV AND FOR THE CITY OF RAsCO,COUNTV OF FRANKLIN‘sTATE OF wAsHINGTON. MAVOR DATE CHAIRMAN,CITV PLANNING COMNIIssION DATE CITV ENGINEER DATE CITY CLERK DATE THE UTILITVEAsEMENTs sHOwN HEREON ARE HEREEV ARRROVED FRANKLIN COUNW RUELIC UTILITV DISTRICT DATE AUDITOR'S CERTIFICATE FILED FOR RECORD WITH THE FRANKLINCOUNTV AUDITOR-s OFFICE THIs DAY OF .2uITAT M IN VOLUME OF RLATsATI=AGE ATTHE REOUEsT OF REG ENGINEERING a ENVIRONMENTAL FRANKLIN COUNTV AUDITOR BY DERUTV FRANKLINCOUNTV AUDITOR INDEx NO LEGEND FOUND sURVEV MONUMENTAs DEsCRIDED é O I R») CALCOIATED ROINT NOT FOUND OR sET DENOTEs RECORD DIMENsION RER INDICATED SURVEY REFERENCE,SEE LIST ————-——sECTION OF sECTION sUD.DIVIsION LINE RLAT BOUNDARY SURVEY REFERENCES IRII sHORT PLAT NO 955 (VOL I,PG 352;EV CHRIsTENsON (R2)MARION R HUGHEs ROUND/IRV LINE ADJUSTMENT sLvRVEV (VOL.2‘PG 142)RV HAEKWITH (R3)sHORT RLAT NO 2uus—Is [VOL 1‘EG ms;EV DVCK IRA)FINAL RLAT OF sUNsET MANOR(VOL D Re 17313‘!CI—IRIsTENsON IRS)FINAL RLAT OF CHIAWANA EsTATEs (VDI.DIRG 33II EV STRATTON IRS)LUVIISA EARMs II RHAsE 3 IVOL D RG.2aaI EV DENNV TR —‘T3522? FVUNIJ 5/E"REEAR ALONG ROAD 92 ROADWAY.JUSTImummyorImszcnou vnm sIINsET V!WL(E), MARKINGTHE CENTEROUARTER I CORNER or sEcnnN IT 99“ FINAL PLAT OF ELLIE ESTATES LOCATED IN THE E 1/2 OF THE SE TIAOF SECTION 17‘TOWNSHIP 9 NORTH,RANGE 29 EAST OF THE WILLAMETTE MERIDIAN‘CITY OF PASCD‘FRANKLINCOUNTVIWASHINGTON sun BASIS OF BEARINGS EEARING OF Narsz-55-WALONG THE sOuTH LINE OF THE SOUTHEAST OUARTER OF sECTION WI TDN R:oE WM RERIR3).BETWEEN FOUND MONUMENTs AT THE sOUTH OUARTER CORNER A sOUTHEAsT CORNER OF sAID sECTION I7 EAsT OUARTERcamp:or serum I7 NOT EuuND.EsTAaUsNm av ERORDRTTDNEDoIsTAN4z—DIsrANIz INTER-sEcT FNOMN:k s:DECIIDN DDRNERSmm)ON (R6) _VsE:'22'E 272LE‘fr Nn_2'I_a‘3':IJI2 52'I: sIs9’J5'M'E 42.1 I' NE CORNER OF SITE ?\NUNDBUREAUOFRECIAMATIVN 1—I/2'BRASS (‘AF ON 2'IRONIPIPEMARKINGTHETampa cm.W SEUTIDN .7 mm mm MINES Posr Wm A 2'ALUMINUMCAP.LKXJTEDN331ID.2§'man sun szmu mum ‘ mm-TI-EEm‘'(2a3a,4a'Ra)amwr EEI I Gd5:“sITE N F5:Sujoalri I3u.2I7‘,’ § SII‘/...m—‘°°‘’°°’F‘°°”" —r . ,—aszm‘..3 K ‘I: I EA E '§.NS . - | I I s*‘“‘e$4%N L I6 I §E“? R.,T.T” I?‘Ilka segom _\___ssm-3.-E l 5 HSZJI‘.7 ‘E 5”:: I C“5 :59 I I ‘S 23'..I E‘ KID:., ‘£6s.__ /eaz72'‘Ii FOUND mm ON’IN I — — ~ ODE AT THE INIERsEcTION OF ARGENTRam k Row M, WRKING THE scum I/4 CORNERor s:cIIoN I7 IuI2sI2oI7 2130.55‘Taas?r ET ‘ (27sa.R5'Rznmm mm’ TmI.oa'R5) (zm.aIs'NI) EDIIND 3'mass an IR ass AT THE IRTOTGECIIDNOF ARGENTRow A Ram 54.MARKINGTHE swTHEAsT CORNER or sEcIIoN I7.EROECT EENOIRARK. st:VERIICALDATUH NOTE ENEET I EIPBSIRssEngineumgand ErwIrI)lm'ler\IJI Inc CITE am."EIVII,SIG E Ram NA 99301 509 S47 sI I9 pbsus:(um CLIENT EI.IJEESYA\'ESLlC VRDJECTRD uIs SLINVEYDR ALEXANDERD MAYAFAZZD mg Inrzsmm mam ADIII DWAWNBV HOP SCALE NJA SECTION II m-sHII=sNoRrH RANGE 29EAST CITV mm 2COUNTVFRANKIJNSHEETzor_Page 24 of 143 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 ~ — ‘ame'L 0" OTARY ]i’UBLICinand for theState of WashingtonDANIELL.EVEARTS srAiiEocE¢Rv‘v(r;iiirL«'groNesgingatP55C0 00Mycummm‘mm 9'2020 y ommlssion xpires Q2 /20 £2 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 Item : Special Permit - Vocational SchoolApplicant: Construction Industry Training CouncilFile #: SP 2017 -023 ± SITERoad 92Sophie Rae CtRoad 900 100 200 30050FeetPage 78 of 143 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 Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CN ES/Airbus DS, USDA, U SGS,AeroGRID, IGN, and the GIS User Community 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 ± SITERoad 92Sophie Rae CtRoad 900 100 200 30050FeetPage 85 of 143 Land UseMap Item : Special Permit - Vocational SchoolApplicant: Construction Industry Training CouncilFile #: SP 2017 -023 ± SITERoad 92Sophie Rae CtRoad 900 100 200 30050Feet SFDUs Vacant Commercial SFDUs Multi-FamilyDev. 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C-2.0 Page 88 of 143 Site Page 89 of 143 Looking North Page 90 of 143 Looking East Page 91 of 143 Looking South Page 92 of 143 Looking West Page 93 of 143 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 Page 112 of 143 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 Page 114 of 143 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 Page 115 of 143 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 Page 116 of 143 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. Page 117 of 143 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. Page 118 of 143 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) Page 123 of 143 Water Permit PSA Page 11 of 30 1/5/2018 Page 124 of 143 Water Permit PSA Page 12 of 30 1/5/2018 Page 125 of 143 Water Permit PSA Page 13 of 30 1/5/2018 Page 126 of 143 Water Permit PSA Page 14 of 30 1/5/2018 EXHIBIT B ASSIGNMENT OF WATER PERMIT Assignment Page 127 of 143 Water Permit PSA Page 15 of 30 1/5/2018 Page 128 of 143 Water Permit PSA Page 16 of 30 1/5/2018 Page 129 of 143 Water Permit PSA Page 17 of 30 1/5/2018 Page 130 of 143 Water Permit PSA Page 18 of 30 1/5/2018 EXHIBIT C LAND USE LICENSE Page 131 of 143 Water Permit PSA Page 19 of 30 1/5/2018 Page 132 of 143 Water Permit PSA Page 20 of 30 1/5/2018 Page 133 of 143 Water Permit PSA Page 21 of 30 1/5/2018 Page 134 of 143 Water Permit PSA Page 22 of 30 1/5/2018 Page 135 of 143 Water Permit PSA Page 23 of 30 1/5/2018 Page 136 of 143 Water Permit PSA Page 24 of 30 1/5/2018 Page 137 of 143 Water Permit PSA Page 25 of 30 1/5/2018 Page 138 of 143 Water Permit PSA Page 26 of 30 1/5/2018 Page 139 of 143 Water Permit PSA Page 27 of 30 1/5/2018 Page 140 of 143 Water Permit PSA Page 28 of 30 1/5/2018 Page 141 of 143 Water Permit PSA Page 29 of 30 1/5/2018 Page 142 of 143 Water Permit PSA Page 30 of 30 1/5/2018 Page 143 of 143