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HomeMy WebLinkAbout2018.05.07 Council Meeting PacketRegular Meeting AGENDA PASCO CITY COUNCIL 7:00 p.m. May 7, 2018 Page 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 - 9 (a) Approval of Minutes To approve the minutes of the Pasco City Council dated April 16, 2018. 10 - 11 (b) Bills and Communications To approve claims in the total amount of $4,296,532.57 ($1,971,111.85 in Check Nos. 221913-222296; $729,703.13 in Electronic Transfer Nos. 820320-820321, 820325, 820329-820334, 820337-820385, 820403-820445, 820449-820464, 820470-820522, 820525-820584, 820595, 820622-820623, 820695; $69,288.29 in Check Nos. 51557-51623; $1,526,429.30 in Electronic Transfer Nos. 30119293-30120310). 12 (c) Code Enforcement Board Appointments To confirm the Mayor's reappointment of Dwayne Speer to Position No 3, James Rawlinson to Position No. 4 and Mary Gutierrez to Position No. 5 (term expiration date 1/1/22) to the Code Enforcement Board. 13 - 19 (d) * Dedication Deed: Right-of-Way for a Portion of Sunset Trail (MF# DEED 2018-003) To accept the deed from Mark Gerken and Lisa Gerken for a portion of the Sunset Trail right-of-way. 20 - 25 (e) * Final Plat: Madison Park Planned Density Development Ph. 4 (MF# FP 2018-004) Page 1 of 123 Regular Meeting May 7, 2018 To approve the Final Plat for Madison Park Planned Density Development Phase 4. (RC) MOTION: I move to approve the Consent Agenda as read. 4. PROCLAMATIONS AND ACKNOWLEDGEMENTS: 26 (a) Presentation of Proclamation for "Public Service Recognition Week" Council to present Proclamation to Matt McGetrick, Tri-Cities Public Service Recognition Event Committee Chair 27 (b) Presentation of Proclamation for "National Police Week" and "Peace Officer's Memorial Day" Council to present Proclamation to Bob Metzger, Chief of Police 5. VISITORS - OTHER THAN AGENDA ITEMS: This item is provided to allow citizens the opportunity to bring items to the attention of the City Council or to express an opinion on an issue. Its purpose is not to provide a venue for debate or for the posing of questions with the expectation of an immediate response. Some questions require consideration by Council over time and after a deliberative process with input from a number of different sources; some questions are best directed to staff members who have access to specific information. Citizen comments will normally be limited to three minutes each by the Mayor. Those with lengthy messages are invited to summarize their comments and/or submit written information for consideration by the Council outside of formal meetings. 6. REPORTS FROM COMMITTEES AND/OR OFFICERS: (a) Verbal Reports from Councilmembers 28 - 30 (b) General Fund Operating Statement (c) Local Improvement District Presentation Presented by P. Stephen DiJulio, Foster Pepper 7. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: 31 - 37 (a) * Chapel Hill Boulevard LID Formation, No. 16030 CONDUCT PUBLIC HEARING MOTION: I move to continue the Chapel Hill Boulevard LID Formation public hearing to a date to be announced in the future, with at least 2 weeks' Page 2 of 123 Regular Meeting May 7, 2018 notice to property owners by the Clerk by phone or email, and to reopen the hearing at that rescheduled time. 38 - 44 (b) * Street Vacation: A portion of Duluth St & Nevada Ave. (MF# VAC 2018-001) CONDUCT PUBLIC HEARING MOTION: I move to approve Ordinance No. 4382, vacating a portion of portion of Duluth Street and Nevada Avenue, and further, authorize publication by summary only. 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: 45 - 54 (a) Code Amendment: Amending PMC 26.28 to Allow Administrative Approval of Final Plats (MF# CA 2017-007) MOTION: I move to adopt Ordinance No. 4383, amending PMC Title 26.28 allowing administrative approval of Final Plats, and further, authorize publication by summary only. 55 - 75 (b) * Rezone: Norman Family Cookies R-2 to R-3 (MF# Z 2018-001) MOTION: I move to adopt Ordinance No. 4384, an ordinance of the City of Pasco, Washington rezoning parcel #113900039 and #113900057, from R-2 (Medium Density Residential) to R-3 (Medium Density Residential), and further, authorize publication by summary only. 76 - 86 (c) * Annexation: Greeno Annexation (MF# ANX 2018-001) MOTION: I move to approve Resolution No. 3836, accepting a Notice of Intent to commence annexation proceedings for the Greeno Annexation Area and providing a determination on the boundary to be annexed and whether simultaneous zoning and the assumption of bonded indebtedness will be required. 9. UNFINISHED BUSINESS: 10. NEW BUSINESS: 87 - 91 (a) Professional Services Agreement with KPG, Inc. for the 16014 Peanuts Park Renovation Project MOTION: I move to approve the Professional Services Agreement for the design services of the Peanuts Park Renovation Project, and further, authorize the City Manager to execute the agreement. Page 3 of 123 Regular Meeting May 7, 2018 92 - 123 (b) * Agreement to Sell City Property - Argent and 20th MOTION: I move to approve Amendment No. 2 to the Purchase and Sale Agreement for property in the vicinity of Argent Road and 20th Avenue and, further, to authorize the City Manager to execute the amendment. 11. MISCELLANEOUS DISCUSSION: 12. EXECUTIVE SESSION: 13. ADJOURNMENT. (RC) Roll Call Vote Required * Item not previously discussed Q Quasi-Judicial Matter MF# “Master File #....” REMINDERS: 1. 7:00 a.m., Thursday, May 10, Cousin's Restaurant, Pasco - BFCG Tri-Mats Policy Advisory Committee Meeting. (COUNCILMEMBER RUBEN ALVARADO, Rep.; PETE SERRANO, Alt.) 2. 7:00 p.m., Thursday, May 10, Transit Facility - Ben-Franklin Transit Board Meeting. (MAYOR MATT WATKINS, Rep.; COUNCILMEMBER RUBEN ALVARADO, Alt.) This meeting is broadcast live on PSC-TV Channel 191 on Charter Cable and streamed at www.pasco-wa.gov/psctvlive. Audio equipment available for the hearing impaired; contact the Clerk for assistance. Page 4 of 123 AGENDA REPORT FOR: City Council April 18, 2018 TO: Dave Zabell, City Manager Regular Meeting: 5/7/18 FROM: Daniela Erickson, City Clerk Administrative & Community Services SUBJECT: Approval of Minutes I. REFERENCE(S): Minutes 04.16.2018 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve the minutes of the Pasco City Council dated April 16, 2018. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 5 of 123 REGULAR MEETING MINUTES PASCO CITY COUNCIL APRIL 16, 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; Steve Worley, Public Works Director; Rick White, Community & Economic Development Director; Richa Sigdel, Finance Director; Dan Dotta, Interim Administrative & Community Services Director; Bob Metzger, Police Chief; Dave Hare, Asst. Fire Chief; Michael Morales, Deputy Community & Economic Development Director; and Colleen Chapin, HR Manager. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: Approval of Minutes To approve the minutes of the Pasco City Council dated April 2, 2018. Bills and Communications To approve claims in the total amount of $2,056,878.67 ($1,181,556.13 in Check Nos. 221619-221912; $68,942.90 in Electronic Transfer Nos. 820401- 820402, 820447; $36,356.27 in Check Nos. 51519-51556; $770,023.37 in Electronic Transfer Nos. 30118790-30119292). To approve bad debt write-off for Utility Billing, Ambulance, Cemetery, General Accounts, Miscellaneous Accounts, and Municipal Court (non- criminal, criminal, and parking) accounts receivable in the total amount of $219,764.75 and, of that amount, authorize $150,260.50 to be turned over for collection. Housing Authority Commission Appointment To appoint Brian Griffith to Position No. 2 (expiration date 1/28/23) to the City of Pasco and Franklin County Housing Authority Commission. Planning Commission Appointments To confirm the Mayor's reappointment of Paul Mendez to Position No. 3 and Alecia Greenaway to Position No. 4 (term expiration date 2/2/24), and the appointment of Isaac Myhrum to Position No. 6 (term expiration date 2/2/19), on the Planning Commission. Annexation: Greeno Annexation (MF# ANX 2018-001) To set 7:00 pm, May 7, 2018, as the time and date for a public meeting to consider the Greeno Notice of Intent to annex 39.88 acres near the northwest corner of Road 68 and Burns Road. Page 6 of 123 REGULAR MEETING MINUTES PASCO CITY COUNCIL APRIL 16, 2018 Final Plat: Riverhawk Estates Phase 1 (MF# FP2018-002) To approve the Final Plat for Riverhawk Estates Phase 1. Street Vacation: A portion of E. Duluth St. (MF# VAC 2018-001) To approve Resolution No. 3830, setting 7:00 P.M., Monday, May 7, 2018, as the time and date to conduct a public hearing to consider vacating a portion of Duluth Street and Nevada Avenue. MOTION: Mr. Maloney moved to approve the Consent Agenda as read. Mr. Martinez seconded. Motion carried by unanimous Roll Call vote. PROCLAMATIONS AND ACKNOWLEDGEMENTS: Presentation of Proclamation for "Cinco de Mayo ~ Latino Cultural Awareness Week" Mayor Watkins presented a Proclamation to Ramiro Alvarez, Cinco de Mayo Committee Chair; Jacob Gonzalez, DPDA Board Chair; and Luke Hallowell, DPDA Executive Director proclaiming April 30 - May 5, 2018, "Cinco de Mayo ~ Latino Cultural Awareness Week." VISITORS - OTHER THAN AGENDA ITEMS: Mr. Jeffrey Robinson resides in Councilmember Milne's district, had a gift for the Council of a binder containing documents to hopefully assist with the recently created Inclusivity Commission. Mr. Martin Valadez with Tri-Cities Community Health spoke about the upcoming Health and Wellness Fair on May 6th. Also, discussed the City of Pasco being part of the "All of Us" Research Program, one of seven U.S. cities participating. Mr. Steve Bauman complimented staff including Chief Metzger about the recent Safety in Schools presentation. He also mentioned the passing of "Uncle Jesse Rogers". Also, Mr. Bauman requested Council consider approving the workshop item set for next Monday to allow for administrative approval of final plats. This would speed up process as long as conditions are met. REPORTS FROM COMMITTEES AND/OR OFFICERS: Verbal Reports from Councilmembers Mr. Maloney attended the Tri-Cities Hispanic Chamber of Commerce Gala. Councilmember Barajas was recognized at the gala. Also, attended the Tri- Cities Regional Public Facilities District Board Meeting, at the meeting, MyTri2030 gave a presentation and there was a lot of community input. Mr. Alvarado attended the Tri-Cities Hispanic Chamber of Commerce Gala. He also attended the BF Cog Meeting whereby federal classification requests were given to a few City of Pasco streets. Mayor Watkins attended the Ben-Franklin Transit Board Meeting. The recent service expansion was well received. There are plans to expand two additional demo routes in Pasco for one year. In addition, they recently hired a marketing director. Page 7 of 123 REGULAR MEETING MINUTES PASCO CITY COUNCIL APRIL 16, 2018 ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: RCO Grant Applications - Authorizing Resolutions Mr. Dan Dotta explained the details of the five RCO Grant Applications. MOTION: Mr. Maloney moved to approve Resolution No. 3831, authorizing the City Manager, or his designee, to act as the authorized representative on behalf of the City of Pasco and to legally bind the City of Pasco with respect to the Community Park Road 48 & Court Street Project for which we seek grant funding assistance managed through the Recreation and Conservation Office. Mr. Alvarado seconded. Motion carried unanimously. MOTION: Mr. Maloney moved to approve Resolution No. 3832, authorizing the City Manager, or his designee, to act as the authorized representative on behalf of the City of Pasco and to legally bind the City of Pasco with respect to the 'A' Street Soccer Complex Phase 1 Project for which we seek grant funding assistance managed through the Recreation and Conservation Office. Mr. Serrano seconded. Motion carried unanimously. MOTION: Mr. Maloney moved to approve Resolution No. 3833, authorizing the City Manager, or his designee, to act as the authorized representative on behalf of the City of Pasco and to legally bind the City of Pasco with respect to the 'A' Street Soccer Complex Phase 2 for which we seek grant funding assistance managed through the Recreation and Conservation Office. Mr. Martinez seconded. Motion carried unanimously. MOTION: Mr. Maloney moved to approve Resolution No. 3834, authorizing the City Manager, or his designee, to act as the authorized representative on behalf of the City of Pasco and to legally bind the City of Pasco with respect to the Sacajawea Heritage Trail Underpass Project for which we seek grant funding assistance managed through the Recreation and Conservation Office. Ms. Barajas seconded. Motion carried unanimously. MOTION: Mr. Maloney moved to approve Resolution No. 3835, authorizing the City Manager, or his designee, to act as the authorized representative on behalf of the City of Pasco and to legally bind the City of Pasco with respect to the Sacajawea Heritage Trail Levee Lowering Project for which we seek grant funding assistance managed through the Recreation and Conservation Office. Mr. Milne seconded. Motion carried unanimously. NEW BUSINESS: Professional Services Agreement with PACE Engineers, Inc. for the 17003 Columbia East Lift Station and Force Main Project MOTION: Mr. Maloney moved to approve the Professional Services Agreement for the design services of the 17003 Columbia East Lift Station and Force Main Project, and further, authorize the City Manager to execute the agreement. Mr. Martinez seconded. Motion carried unanimously. MISCELLANEOUS DISCUSSION: Mr. Zabell reported on the following: • Arbor Day Celebration held last Friday, April 13th. There will also be another Arbor Day event scheduled with the Boys and Girls Club this week. Page 8 of 123 REGULAR MEETING MINUTES PASCO CITY COUNCIL APRIL 16, 2018 • 58 Baseball Teams and 88 signed up for Ultimate Frisbee. • Commercial projects have doubled since last year, Industrial Projects are up and we've received ninety single family home permits. • City of Pasco Volunteer Dinner will be held tomorrow evening at Chiawana High School. • Meeting with State Auditor Pat McCarthy this week. • Fire Fighter Recruit School Graduation Ceremony will be this Friday, April 20th. • The Inclusivity Commission site on Facebook has received around 13,700 hits. We have advertised for positions in English and Spanish. Applications are due by May 4th; so far we have received 18. Mr. Serrano asked if anyone had reached out to the Russian community and Mr. Zabell said he would check and get back to him. Mr. Maloney gave kudos to staff on how much work has been done on behalf of our parks. It is important and that stood out today during the presentation. ADJOURNMENT: There being no further business, the meeting was adjourned at 7:55 p.m. PASSED and APPROVED this 7th day of May, 2018. APPROVED: ATTEST: Matt Watkins, Mayor Daniela Erickson, City Clerk Page 9 of 123 AGENDA REPORT FOR: City Council May 3, 2018 TO: Dave Zabell, City Manager Regular Meeting: 5/7/18 FROM: Richa Sigdel, Director Finance SUBJECT: Bills and Communications I. REFERENCE(S): Accounts Payable 05.07.18 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve claims in the total amount of $4,296,532.57 ($1,971,111.85 in Check Nos. 221913-222296; $729,703.13 in Electronic Transfer Nos. 820320-820321, 820325, 820329-820334, 820337-820385, 820403-820445, 820449-820464, 820470-820522, 820525-820584, 820595, 820622-820623, 820695; $69,288.29 in Check Nos. 51557- 51623; $1,526,429.30 in Electronic Transfer Nos. 30119293-30120310). III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 10 of 123 May 7, 2018 Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined Check Numbers 221913-222296 51557-51623 Total Check Amount $1,971,111.85 $69,288.29 Total Checks 2,040,400.14$ Electronic Transfer Numbers 820320-820321 30119293-30120310 - 820325 820329-820334 820337-820385 820403-820445 820449-820464 820470-820522 820525-820584 820595 820622-820623 820695 Total EFT Amount $729,703.13 $1,526,429.30 $0.00 Total EFTs 2,256,132.43$ Grand Total 4,296,532.57$ Councilmember 716,158.09 45,452.99 0.00 0.00 3,639.78 752.67 0.00 3,990.50 56,253.00 9,716.58 1,794.37 113,539.86 2,144.29 2,734.09 322.98 0.00 928.31 349.27 39,686.08 0.00 38,501.09 11,439.26 363,106.92 709,721.09 8,405.01 2,161.21 12,811.62 0.00 281,518.13 1,871,405.38 GRAND TOTAL ALL FUNDS:4,296,532.57$ The City Council C I T Y O F P A S C O Council Meeting of: Accounts Payable Approved 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: Councilmember SUMMARY OF CLAIMS BY FUND: GENERAL FUND STREET ARTERIAL STREET RIVERSHORE TRAIL & MARINA MAIN C.D. BLOCK GRANT HOME CONSORTIUM GRANT NSP GRANT MARTIN LUTHER KING COMMUNITY CENTER AMBULANCE SERVICE CEMETERY ATHLETIC PROGRAMS GOLF COURSE SENIOR CENTER OPERATING MULTI-MODAL FACILITY EQUIPMENT RENTAL - OPERATING BUSINESS SPECIAL ASSESSMENT LODGING LITTER ABATEMENT REVOLVING ABATEMENT TRAC DEVELOPMENT & OPERATING PARKS ECONOMIC DEVELOPMENT STADIUM/CONVENTION CENTER GENERAL CAP PROJECT CONSTRUCTION UTILITY, WATER/SEWER EQUIPMENT RENTAL - OPERATING GOVERNMENTAL EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL EQUIPMENT RENTAL - REPLACEMENT BUSINESS MEDICAL/DENTAL INSURANCE PAYROLL CLEARING Page 11 of 123 AGENDA REPORT FOR: City Council May 3, 2018 TO: Dave Zabell, City Manager Regular Meeting: 5/7/18 FROM: Stan Strebel, Deputy City Manager Executive SUBJECT: Code Enforcement Board Appointments I. REFERENCE(S): II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to confirm the Mayor's reappointment of Dwayne Speer to Position No 3, James Rawlinson to Position No. 4 and Mary Gutierrez to Position No. 5 (term expiration date 1/1/22) to the Code Enforcement Board. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: The Code Enforcement Board is composed of five members; terms are for four years. The Board meets on the first Thursday of every month at 7:00pm in the City Hall Council Chambers. The Code Enforcement Board hears controversies regarding alleged violations of the City code, particularly property maintenance standards. V. DISCUSSION: Following conduct of interviews at the April 23 Workshop meeting, the Mayor is requesting Council's confirmation of the reappointments as specified in the motion. Page 12 of 123 AGENDA REPORT FOR: City Council April 30, 2018 TO: Dave Zabell, City Manager Rick White, Director Community & Economic Development Regular Meeting: 5/7/18 FROM: Darcy Bourcier, Planner I Community & Economic Development SUBJECT: Dedication Deed: Right-of-Way for a Portion of Sunset Trail (MF# DEED 2018-003) I. REFERENCE(S): Overview Map Vicinity Map Dedication Deed II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to accept the deed from Mark Gerken and Lisa Gerken for a portion of the Sunset Trail right-of-way. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: In April 2018, the applicants had applied for a building permit to construct a carport. 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 316' 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 13 of 123 city infrastructure within the urban area, even though portions of the City are currently served with substandard roads and in some cases utilities. Page 14 of 123 Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS,AeroGRID, IGN, and the GIS User Community OverviewMap Item : Dedication ROW for Sunset TrailApplicant: Mark and Lisa GerkenFile #: DEED2018-003 ± SITE 0 180 360 540 72090Feet Road 92S u n s e t T r a i l Road 96FCID Canal Sunset Trail Massey Dr Page 15 of 123 Exhibit#1 Item: Dedication ROW for Sunset TrailApplicant: Mark and Lisa GerkenFile #: DEED2018-003 ± SITE 0 30 60 90 12015Feet Road 92Sunset Trail Page 16 of 123 After Recording,Return To: City of Pasco,Washington Attn:City Planner 525 North 3”‘ Pasco,WA 99301 DEDICATION DEED Tax Parcel No.118 080 096 THE GRAN TOR(S),Mark D.Gerken and Lisa Gerken,by donation pursuant to RCW 35A.79.010,dedicates,conveys and quit claims to the GRANTEE,THE CITY OF PASCO,a Municipal Corporation of the State of Washington,for the public use,as a public right—of—way,all interest in the land described as follows: The South 30 feet ofa portion ofSection 17,Township 29,Range 9,W.M.City ofPasco, Franklin County,Washington being more particularly described as follows. Short Plat 92-16 Lot 2 Except for South 30 feet road right—of-way DATE1)thisZ‘/Ciéyof /9P/UL,,2o1s. GRANTOR(S) STATE OF WASHINGTON ) :ss. County of Franklin ) On this L‘-\;’g‘iayof99 V1‘!3 ,2018,before me,the undersigned,duly to be the individual(s)described above and who executed the within and foregoing instrument as an agent of the owner(s)of record,and acknowledged to me that he/she/they signed the same as his/her/their free and voluntary act and deed,for the uses and purposes therein mentioned,and on Dedication Deed -1 Page 17 of 123 commissioned and sworn,personally appeared mag Q g?gg?,M to me known oath stated that he/she/they is/are authorized to execute the said instrument. GIVEN under by hand and official seal this 1%“day of Q95‘!3 , 2018. }\x\.\\~;\~"\"““‘\‘Print Name:a 1..$\/\o_r\LS State of Washington NOTARY PUBLIC in and for the State of Washington §Residing at:P My Commission Expires:_i® KRYSTLEL.SHANKS MY COMMISSIONEXPIRES g January 5,2020 / -\_xxxxxxx.-\\\'\\'\.\\.\_x\J Dedication Deed ~2 Page 18 of 123 MYCOMMISSION EXPIRES ,» GRANTOR(S) Owner(s) ?;2!1a;.7&1ax% STATE OF WASHINGTON ) :ss. County of Franklin ) On this 0)-Lithday of Q 95‘;9:,2018,before me,the undersigned,duly to be the individual(s)described above and who executed the within and foregoing instrument as an agent of the owner(s)of record,and acknowledged to me that he/she/they signed the same as his/her/their free and voluntary act and deed,for the uses and purposes therein mentioned,and on commissioned and sworn,personally appeared $59‘,(3 9 D 3‘,M to me known oath stated that he/she/they is/are authorized to execute the said instrument. GIVEN under by hand and of?cial seal this 3.‘-lmdayof 13Q3‘,Q , 2018. Print Name:L_Q 3 NOTARY PUBLIC in and forthe State of Washington Residing at:Dgmd-A3 My Commission Expires:’_&gL Notary Putilic State of Washington KRYSTLEL.S HANKS 2020 I‘.;£»."‘3‘$.'E‘?.n ts ' January 5, Dedication Deed -3 Page 19 of 123 AGENDA REPORT FOR: City Council May 1, 2018 TO: Dave Zabell, City Manager Rick White, Director Community & Economic Development Regular Meeting: 5/7/18 FROM: Darcy Bourcier, Planner I Community & Economic Development SUBJECT: Final Plat: Madison Park Planned Density Development Ph. 4 (MF# FP 2018- 004) 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 Madison Park Planned Density Development Phase 4. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: In June of 2014 the Council approved a preliminary plat for Madison Park Planned Density Development; phases one through three have subsequently received Final Plat approval. The developer has installed all infrastructure for phase four which is now complete and consistent with applicable requirements and conditions previously adopted by Council. Madison Park is a single-family residential development located east of Road 52 and south of Burns Road. The fourth phase contains 46 of 387 total lots averaging 10,897 square feet in size. This phase will have access from Santa Fe Lane and Nauvoo Lane. V. DISCUSSION: Page 20 of 123 Staff recommends approval of the Final Plat of Madison Park Planned Density Development Phase 4. Page 21 of 123 Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS,AeroGRID, IGN, and the GIS User Community OverviewMap Item : Final Plat - Madison Park Ph 4Applicant: EE Properties LLCFile #: FP2018-004 ± SITE 0 450 900 1,350 1,800225FeetRoad 52S a n d i f u r P k w y S a n t a C r u z L n C I T Y L IMIT S Page 22 of 123 Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS,AeroGRID, IGN, and the GIS User Community VicinityMap Item : Final Plat - Madison Park Ph 4Applicant: EE Properties LLCFile #: FP2018-004 ± SITE 0 180 360 540 72090Feet Santa Fe LnParley D rSidon LnPorto LnPage 23 of 123 RSI”Page 24 of 123 RSIPage 25 of 123 Proclamation ” “Public Service Recognition Week May 7-11, 2018 WHEREAS, Americans are served every single day by public servants at the federal, state, county and city levels. These unsung heroes do the work that keeps our nation working; and WHEREAS, public employees take not only jobs, but oaths; and WHEREAS, many public servants, including military personnel, police officers, firefighters, border patrol officers, embassy employees, health care professionals and others, risk their lives each day in service to the people of the United States and around the world; and WHEREAS, City of Pasco employees (currently some 360 in number) represent numerous occupations and trades, possess a broad array of skills and expertise and put these to use with efficiency and integrity for all who reside in or visit our City; and WHEREAS, without these public servants at every level, continuity would be impossible in a democracy that regularly changes its leaders and elected officials; and WHEREAS, we all owe a substantial debt of gratitude to City of Pasco employees; and NOW, THEREFORE, I, Matt Watkins, Mayor of the City of Pasco, Washington, encourage all citizens to recognize the accomplishments and contributions of government employees at all levels, and to observe the week of May 7-11, 2018 as “Public Service Recognition Week” IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Pasco, State of Washington, to be affixed this 7th day of May 2018. Matt Watkins, Mayor City of Pasco Page 26 of 123 Proclamation “National Police Week” May 13-19, 2018 WHEREAS, the City of Pasco Police play an essential role in safeguarding the rights and freedoms of the citizens of the City of Pasco; and WHEREAS, it is important that all citizens know and understand the duties, responsibilities, hazards, and sacrifices of their police; and WHEREAS, City of Pasco Police recognize their duty to serve the people by safeguarding life and property, by protecting them against violence and disorder, and by protecting the innocent against deception and the weak against oppression; and WHEREAS, the men and women of the City of Pasco Police unceasingly provide a vital public service; NOW, THEREFORE, I, Matt Watkins, Mayor of the City of Pasco, Washington, call upon all citizens of the City of Pasco and upon all patriotic, civic and educational organizations to observe the week of May 13-19, 2018 as “National Police Week” with appropriate ceremonies and observances in which all of our citizens may join in commemorating law enforcement officers, past and present, who, by their faithful and loyal devotion to their responsibilities, have rendered a dedicated service to their communities and, in so doing, have established for themselves an enviable and enduring reputation for preserving the rights and security of all citizens. I further call upon all citizens of the City of Pasco to observe Monday, May 14, 2018 as “Peace Officers’ Memorial Day” in honor of those law enforcement officers who, through their courageous deeds, have made the ultimate sacrifice in service to their community or have become disabled in the performance of duty, and let us recognize and pay respect to the survivors of our fallen heroes. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Pasco, State of Washington, to be affixed this 7th day of May 2018. Matt Watkins, Mayor City of Pasco Page 27 of 123 CommentsApril, May, Oct, Nov when taxes are receivedGENERAL FUND REVENUES OVER/UNDER EXPENDITURES: YTD expenditures exceed revenue by $187,814 compared to expenditures exceeding revenue by $819,779 in 2017 during the same period. The 2018 year-end projection is for expenditures to exceed revenue by $374,000, mostly due to one time investments being made by the City to move to SEACOMM. In the near future, the City also anticipates an impact of the finalization of the collective bargaining process with the Pasco Union Firefighters. The current contract expired in 12/30/2017. Fund Balance reserves help to stabilize operations for unexpected adverse fluctuations in revenue or expenditure actual amounts. $0$5,000$10,000$15,000$20,000$25,000$30,000$35,000$40,000$45,000$50,000JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DECThousands2018 CUMULATIVE GENERAL FUND REVENUE & EXPENDITURES2018 Cumulative Revenue2018 Cumulative Expenditures4‐Yr Average Rev4‐Yr Average ExpPage 28 of 123 GENERAL FUND END FUND BALANCE HISTORY: The City designates the fund balance into two categories, restricted and unrestricted. The unrestricted fund balance represents funds the City sets aside as a stabilization fund, the intent of which is to smooth over unexpected fluctuations in revenues and expenditures. The fund balance is normally built up when revenues exceed expenditures. The 2017 estimated fund balance is expected to be lower than prior year due to accrual of an additional pay period as recommended by State Auditor's Office. This accural was not a standard practice for the City in prior years.Page 29 of 123 GENERAL FUND Average Elapsed Time 24%REVENUE SOURCES2017 Budget2017 YTD Actual% of Annual Budget 2018 Budget2018 YTD Actual% of Annual Budget Variance CommentsTAXES: PROPERTY 7,825,655 224,267 3% 8,182,758 320,922 4% SALES 12,300,000 3,004,293 24% 12,675,000 3,281,485 26% PUBLIC SAFETY 1,400,000 236,786 17% 1,488,740 377,602 25% UTILITY 9,267,000 2,500,853 27% 9,498,808 2,429,540 26% OTHER 1,204,000 298,021 25% 1,215,170 340,917 28%LICENSES & PERMITS 1,921,964 845,465 44% 2,054,200 823,968 40%Transition of Animal and Business licenses. Due date moved to end of March, compared to February in prior years.INTERGOV'T REVENUE 2,118,837 350,799 17% 2,317,438 355,744 15%CHARGES FOR SERVICES 6,523,156 1,740,198 27% 7,093,604 1,823,779 26%FINES & FORFEITS 872,100 179,543 21% 853,100 215,532 25%MISC. REVENUE 498,760 114,032 23% 528,800 87,430 17% Timing of internal fund transfersDEBT AND TRANSFERS IN 593,000 493,252 83% 227,600 51,402 23% Timing of internal fund transfersTOTAL 44,524,472 9,987,509 22% 46,135,218 10,108,321 22%EXPENDITURES2017 Budget2017 YTD Actual% of Annual Budget 2018 Budget2018 YTD Actual% of Annual Budget Variance CommentsCITY COUNCIL 111,975 30,223 27% 124,511 32,344 26%MUNICIPAL COURT 1,763,123 352,213 20% 1,464,406 317,709 22%CITY MANAGER 1,593,838 453,462 28% 2,564,519 424,348 17% One-time costs not expensed yetPOLICE 15,483,731 3,687,395 24% 16,544,349 3,867,757 23%FIRE 7,055,942 1,763,834 25% 6,859,386 1,747,211 25%ADMIN & COMMUNITY SVCS 6,801,261 1,741,036 26% 7,533,004 1,639,926 22%COMMUNITY DEVELOPMENT 1,592,376 411,951 26% 1,728,603 397,814 23%FINANCE 2,019,332 529,919 26% 2,231,311 488,321 22%ENGINEERING 1,798,269 436,667 24% 1,801,529 391,015 22%LIBRARY 1,330,220 422,036 32% 1,377,958 344,362 25% Timing of payment in 2017NON-DEPARTMENTAL 2,219,313 492,668 22% 2,173,513 460,386 21%DEBT AND TRANSFERS OUT 2,747,400 586,136 21% 1,941,700 191,529 10% Timing of internal fund transfersTOTAL 44,516,780 10,907,540 25% 46,344,789 10,302,722 22%2017 20182017 2018 Page 30 of 123 AGENDA REPORT FOR: City Council May 2, 2018 TO: Dave Zabell, City Manager Steve Worley, Public Works Director Regular Meeting: 5/7/18 FROM: Dan Ford, City Engineer Public Works SUBJECT: Chapel Hill Boulevard LID Formation, No. 16030 I. REFERENCE(S): Resolution No. 3829 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: CONDUCT PUBLIC HEARING MOTION: I move to continue the Chapel Hill Boulevard LID Formation public hearing to a date to be announced in the future, with at least 2 weeks' notice to property owners by the Clerk by phone or email, and to reopen the hearing at that rescheduled time. III. FISCAL IMPACT: Estimated Project Cost $11.9M City Contribution $2.24M IV. HISTORY AND FACTS BRIEF: The Project In 2016, DNR parceled and sold 230 acres bounded by Road 84, Road 68, Argent and the FCID canal, and I-182. The City's Comprehensive Plan identifies the Chapel Hill Boulevard corridor through this area as a connection from Road 100 to Road 68. Preliminary design work has been prepared which proposes a section that accommodates all users from pedestrians and cyclists to passenger vehicles and delivery trucks. Page 31 of 123 Proposed Process Local Improvement Districts (LIDs) are a means of assisting benefiting properties in financing needed capital improvements through the formation of special assessment districts. Special assessment districts provide the opportunity for improvements to be financed and paid for over a period of time through assessments on the benefitin g properties. Resolution No. 3829 By Resolution No. 3829 approved April 2, 2018, the City Council declared its intention to order the improvement of Chapel Hill Boulevard from Road 68 to Road 84, including the intersection with Road 76. Resolution No. 3829 fixed May 7, 2018 at 7:00 pm, local time, in the City Council Chambers of the City Hall for the Public Hearing. Further, Resolution No. 3829 ordered the notification of involved property owners. V. DISCUSSION: The design and construction of this project is currently estimated to be at $9.5 million, with $2.4 million for financial elements like escrow, guaranty fund, and financing cost. Staff has consulted with experts in the LID process and found that an LID is appropriate for use in this situation. A special benefit analysis was recently conducted which demonstrated that the benefits of the project accrued to the parcels within the proposed LID boundary exceed the cost of the project and the projected assessments. Therefore, it is beneficial to move forward with the LID. The preliminary assessment roll was prepared using the Special Benefit Analysis method, rather than the Mathematical method. With the Special Benefit Analysis method, an appraiser calculates the value of each parcel with and without the proposed improvement. The mathematical method involves division of improvement costs based on lineal front-footage or area. The Special Benefit Analysis method was selected due to the subject parcels varying size and zoning type. This provides for a more equitable preliminary assessment. The two major zoning types in this LID are commercial and residential. There is greater benefit to commercial property values with the construction of a road because access to these properties is vital to th eir economic development. Therefore, properties with commercial uses typically see greater benefit and higher assessment values than residential properties. Staff has met with interested property owners with the goal of getting consensus on the path to move forward. But, staff feels that there is more work to be done. To that end, staff proposes that the City Council open the hearing for any public comment at this time and then continue the hearing until a later date at which time a clearer path forward will have been agreed on or other alternative established. Page 32 of 123 CITY OF PASCO, WASHINGTON RESOLUTION NO.34p)a cy A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, RELATING TO PUBLIC IMPROVEMENTS; DECLARING ITS INTENTION TO ORDER THE IMPROVEMENTS OF CHAPEL HILL BOULEVARD FROM ROAD 68 TO ROAD 84, INCLUDING THE INTERSECTION WITH ROAD 76) AND TO CREATE A LOCAL IMPROVEMENT DISTRICT TO ASSESS THE COST AND EXPENSE OF CARRYING OUT THOSE IMPROVEMENTS AGAINST THE PROPERTY SPECIALLY BENEFITTED THEREBY; NOTIFYING ALL PERSONS WHO DESIRE TO OBJECT TO THE IMPROVEMENTS TO APPEAR AND PRESENT THEIR OBJECTIONS AT A HEARING BEFORE THE CITY COUNCIL TO BE HELD ON MAY 7, 2018; AND PROVIDING FOR OTHER PROPERLY RELATED MATTERS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, as follows: Section 1. It is the intention of the City Council of the City of Pasco, Washington, to order the improvement of the property within the area described in Exhibit A, by the improvement of Chapel Hill Boulevard (from Road 68 to Road 84, including the intersection with Road 76). The improvements are more fully described in Exhibit B, and consist of full roadway improvements, including road construction to three lane and five lane design, curb, gutter, sidewalk, storm drain system, street lighting, and landscaping (collectively, the Improvements"). The referenced Exhibits A and B are attached hereto and by this reference made a part hereof. All of the foregoing Improvements shall be in accordance with the plans and specifications prepared by the City Engineer of the City and may be modified by the City as long as that modification does not affect the purpose of the improvements. Section 2. The total estimated cost and expense of the Improvements is declared to be 10,700,000, of which an estimated $9,600,000 shall be borne by and assessed against the property specially benefited by the Improvements to be included in a local improvement district to be established and embracing as nearly as practicable all the property specially benefited by the Improvements. Actual assessments may vary from estimated assessments as long as they do not exceed a figure equal to the increased true and fair value the Improvements add to the property. Section 3. The City Clerk is authorized and directed to give notice of the adoption of this resolution and of the date, time and place fixed herein for the public hearing to each owner or reputed owner of any lot, tract, parcel of land or other property within the proposed local improvement district by mailing such notice at least fifteen days before the date fixed for public hearing to the owner or reputed owner of the property as shown on the rolls of the Franklin County Assessor at the address shown thereon, as required by law. Page 33 of 123 This resolution also shall be published in its entirety in at least two consecutive issues of the official newspaper of the City, the date of the first publication to be at least 15 days prior to the date fixed herein for the public hearing. Section 4. All persons who may desire to object to the Improvements are notified to appear and present those objections at a hearing before the City Council to be held in the Council Chambers in the City Hall, 525 N. 3rd Avenue, Pasco, Washington, at 7:00 p.m. on May 7, 2018, which time and place are fixed for hearing all matters relating to the Improvements and all objections thereto and for determining the method of payment for the Improvements. All persons who object thereto should appear and present their objections at that hearing. Any person who may desire to file a written protest with the City Council may do so within 30 days after the date of passage of the ordinance ordering the Improvements in the event the local improvement district is formed. The written protest should be signed by the property owner and should include the legal description of the property for which the protest is filed and that protest should be delivered to the City Clerk. The City Engineer is directed to submit to the City Council on or prior to May 7, 2018, all data and information required by law to be submitted. The foregoing resolution was ADOPTED by the City Council of the City of Pasco, Washington, at a regular open public meeting thereof this 2nd day of April, 2018. Matt atkins, Mayor ATTEST: idVA- WM.7(1) (-,( Daniela Erickson, City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney Page 34 of 123 CERTIFICATION I,the undersigned, City Clerk of the City of Pasco,Washington(the"City"),hereby certify as follows: 1. The attached copy of Resolution No.3Q7cc 9 (the"Resolution")is a full,true and correct copy of a resolution duly adopted at a regular meeting of the City Council of the City held at the regular meeting place thereof on April 2, 2018, as that resolution appears on the minute book of the City; and the Resolution will be in full force and effect immediately following its adoption; and 2. A quorum of the members of the City Council was present throughout the meeting and a majority of the members voted in the proper manner for the adoption of the Resolution. IN WITNESS WHEREOF,I have hereunto set my hand this 211d day of April,2018. CITY OF PASCO, WASHINGTON 4 . % 0 Daniela Erickson, City Clerk Page 35 of 123 ii3 4-7 4 k.- k% 1 . ' A ' 4.tieiiiiiiiiPlAidt, 1.---... '.011,-,....,•14-'°- ..- - „,,,..__-_, ,_ -- 4 - 11 , 7)2.:;,-7-1 2 -' lialiii r _ 1E- 4•;it.„-,--0‘'m-~S'''I '' iiiiiiiiinffill1011111101110 BURDEN BLVD • ___,.... itz 4,&oilittiAkiiiht1411 i ' - I?II"Itr5.*''''T''-- ''' . 11 - •''fa' L., . A0DE0DR• r 1--- ti ' • , e.. .. M .."M- . ' tvindwri, - -4 A I 1 die 119E5 , N illikfel-i 44 VII ' A 64 gal. cc it I 0 ViS1 s . cc. It i 1 f 4 i i co it;la. ‘.1**' ''.1, • , 1.------- 11 . joiw.....x.....„ _...,...:,_ , VALLFY VIEW PL T I 1 1 4'"' 10)..... - aigim / 0- 4. • -NNW& 4 fie'-\\=---...,4 4, i, , pisr Argent Road ompgars- witi". ..! 7... ....7 z--'.. , , ik .1-"*"' 'I. ..... a.• 11. ... ':014I.1 ''''... d Chapel Hill Boulevard LID Area Exhibit APage 36 of 123 1 t I- TRAIL 'LANDSCAPE TRAVEL LANE 1 _CENTER LANE I TRAVEL LANE --I LANDSCAPE'SIDEWALK 12' Chapel Hill Boulevard Three Lane Section t i,l- M AallIMIII tmmo TRAIL ILANDSCAPa._ TRAVEL LANE I TRAVEL LANE CENTER LANE TRAVEL LANE TRAVEL LANE _LANDSCAPE I SIDEWALK Chapel Hill Boulevard Five Lane Section Exhibit B Page 37 of 123 AGENDA REPORT FOR: City Council May 3, 2018 TO: Dave Zabell, City Manager Rick White, Director Community & Economic Development Regular Meeting: 5/7/18 FROM: Dave McDonald, City Planner Community & Economic Development SUBJECT: Street Vacation: A portion of Duluth St & Nevada Ave. (MF# VAC 2018-001) I. REFERENCE(S): Proposed Ordinance Overview Map Vicinity Map II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: CONDUCT PUBLIC HEARING MOTION: I move to approve Ordinance No._____, vacating a portion of portion of Duluth Street and Nevada Avenue, and further, authorize publication by summary only. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: Property owners within Blocks 5 and 18 of the Freys Addition have petitioned for the vacation of Duluth Street and Nevada Avenue in the referenced blocks. The Pasco School District owns Block 18 and Block 5 is owned by a private individual who has submitted an application for developing a residential subdivision. As previously recommended, Council set May 7, 2018 as the date to consider the proposed vacation. V. DISCUSSION: Page 38 of 123 Per PMC 12.40 the Council may require compensation for vacated right-of-way. The compensation involves obtaining a title report and appraisal of value. However the compensation and the requirements attached thereto may be waived if one or more of the following conditions apply: 1. The vacation is initiated by the City Council by Resolution; 2. The vacation is at the request of the City; 3. The right-of-way to be vacated was previously determined by the City Council not to be essential to public traffic circulation and available for vacation; 4. The grant of substitute public right-of-way which has a value as a right-of-way at least equal to that right-of-way to be vacated; and 5. The resulting benefit to the community of the project requiring the vacation outweighs the appraised value of the right-of-way to be vacated. Council Resolution 3830 setting the hearing to consider the vacation waived the requirement for compensation. The Council previously determined through adoption of the Oregon Avenue Circulation Plan that Duluth Street and Nevada Avenue were not essential for public traffic circulation, the resulting benefit from the construction of approximately 21 new dwellings along with a properly aligned replacement street offsets the value of the unimproved platted right-of-way. Engineering Division staff has reviewed the proposed vacation and has indicated that there are no utility considerations. Page 39 of 123 1 WHEN RECORDED PLEASE RETURN TO: City of Pasco Attn: City Planner 525 North 3rd Pasco, WA 99301 ORDINANCE NO. __________ AN ORDINANCE VACATING A PORTION OF EAST DULUTH STREET AND A PORTION OF NEVADA AVENUE. WHEREAS, a qualified petition has been submitted to the City Council of the City of Pasco requesting vacation of certain public rights-of-way within the City of Pasco; and WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City, the City Council may vacate rights-of-way; and WHEREAS, the street vacation process provided in PMC 12.40 requires a title report and an appraisal of value and compensation unless waived by the City Council; and, WHEREAS, the City Council may waive the requirement for a title report, an appraisal of value and compensation if a proposed vacation is located within an area where the Council has previously determined the subject street is not essential for public circulation; and, WHEREAS, pursuant to Section 1 of Resolution 3830 the City Council waived the requirement for an appraisal, title report and payment of compensation for the proposed vacation of a portion of East Duluth Street Nevada Avenue; and, WHEREAS, all steps and procedures required by law to vacate said right-of-way have been duly taken and performed; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Duluth Street from the east right-of-way line of Utah Avenue to a line 30 feet west and parallel to the west right-of-way line of Wehe Avenue and Nevada Avenue from the south line of Salt Lake Street to the south line of Duluth Street, as depicted in Exhibit “1” be and the same is hereby vacated. Page 40 of 123 2 Section 2. That a certified copy of this ordinance be recorded by the City Clerk of the City of Pasco in and with the office of the Auditor of Franklin County, Washington. Section 3. This ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, this 7th day of May 2018. _____________________________ Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Daniela Erickson, City Clerk Leland B. Kerr, City Attorney Page 41 of 123 Item: Street ROW VacationApplicant: Zepeda Investments IncFile #: VAC 2018-001 Exhibit#180'378.2'0 60 120 180 240 300FeetSITE80'380'Page 42 of 123 0 300 600 900 1200FeetItem: Street ROW VacationApplicant: Zepeda Investments IncFile #: VAC 2018-001 OverviewMapSITEPage 43 of 123 Item: Street ROW VacationApplicant: Zepeda Investments IncFile #: VAC 2018-001 VicinityMap80'378.2'0 60 120 180 240 300Feet80'SITE380'Page 44 of 123 AGENDA REPORT FOR: City Council May 1, 2018 TO: Dave Zabell, City Manager Rick White, Director Community & Economic Development Regular Meeting: 5/7/18 FROM: Darcy Bourcier, Planner I Community & Economic Development SUBJECT: Code Amendment: Amending PMC 26.28 to Allow Administrative Approval of Final Plats (MF# CA 2017-007) I. REFERENCE(S): Proposed Ordinance Planning Commission Memo Planning Commission Minutes Dated: 9/21/17 and 10/19/17 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No. ____, amending PMC Title 26.28 allowing administrative approval of Final Plats, and further, authorize publication by summary only. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: State law amending RCW 58.17.100, 58.17.170, and 58.17.190 relating to the approval of final plats became effective in 2017 which authorizes the legislative body of a city to delegate final plat approval to administrative personnel. Currently, and per the current code, the Planning Commission reviews, conducts public hearings to evaluate and condition preliminary plat proposals to assure that the plat conforms to all planning standards as established in the Pasco Municipal Code (PMC). The Planning Commission subsequently makes a recommendation to City Council which the Council may adopt, remand or reject. Once adopted the preliminary plat may proceed toward development. Page 45 of 123 As part of the final plat approval process, staff evaluates compliance with all applicable codes and special conditions adopted by the City Council. Once staff has determined that all conditions relating to the plat as previously determined by the City Council have been satisfied, the plat is then scheduled for consideration for final approval by the City Council. The lag between staff's determination of compliance and the next available regular meeting where Council can take action can be as long as three weeks. For the plat developer, this wait time occurs during the period where carrying costs are at their peak. Staff presented a proposal to provide for administrative approval of final plats to the Planning Commission at their September 21, 2017 workshop. The Planning Commission subsequently conducted a public hearing on October 19, 2017 to take public input regarding this code amendment and to form a recommendation to City Council. Following the conduct of a public hearing, the Planning Commission reasoned it would be appropriate to recommend an ordinance amending PMC 26.28 (see attached Ordinance) to allow for administrative approval of plat. The City Council discussed this item at their November 13, 2017 workshop and considered the measure during their November 20, 2017 regular meeting. The measure failed to pass due to a tie vote of the Council. Subsequent conversations with multiple Councilmembers has led to this matter being reintroduced for consideration. Most recently this item was discussed by Council at the April 23, 2018 workshop meeting with cosnsenus among Council to forward the matter for action. V. DISCUSSION: The revision to State law, the Planning Commission's recommendation and the proposed ordinance offers an opportunity to expedite approval of final plats in a manner that limits liability to the City, provides predictability to the public, lessens time related carrying costs to the investors of the project and reducing costs passed on to the end users without compromising the quality of the project. For the reasons stated above, staff believes that administrative approval of final plats will benefit the City, investors and potential end users of property being subdivided through the platting process. Page 46 of 123 Ordinance – Amending PMC 26.28 - 1 ORDINANCE NO._____ AN ORDINANCE of the City of Pasco, Washington, Amending PMC Chapter 26.28 Allowing Administrative Approval of Final Plats WHEREAS, the development and approval of plats within the State of Washington are governed by RCW 58.17; and WHEREAS, local subdivision regulations including the City of Pasco subdivision regulations within Title 26 of the Pasco Municipal must conform to RCW 58.17; and WHEREAS, the State Legislature recently amended RCW 58.17 grant cities the option of administratively approving final plat without City Council action; and WHEREAS, PMC Title 26 currently contains provisions for administrative approval of short plat; and WHEREAS, to provide for timely approvals of final plats the City Council hereby exercises the option to authorize administrative approvals of final plats as authorized by RCW 58.17.100; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. That Section 26.28.010 of the Pasco Municipal Code entitled “Application” shall be and hereby is amended and shall read as follows: 26.28.010 APPLICATION. (1) Except as provided in subsection (2) below, a final plat meeting all of the requirements of this Chapter shall be submitted to the City Council City Planner for approval within seven (7) years of the date of the preliminary plat approval if the date of the preliminary plat approval is was on or after January 1, 2008 but before December 31, 2014, and within five (5) years of the date of preliminary plat approval, if the date of preliminary plat approval is was on or after January 1, 2015. (2) A final plat meeting all requirements of this Chapter shall be submitted to the City Council City Planner for approval within ten (10) years of the date or preliminary plat approval if the project is within the City limits, not subject to the requirements adopted under Chapter 90.48 RCW (Shoreline Management Plan), and the date of the preliminary plat approval is was on or before December 31, 2007. (3) The proposed final plat shall be submitted for recording purposes, together with such supplementary information, certificates and bonds as may be required, to the City Planner at least fifteen (15) days before the City Council meeting at which approval is sought. Page 47 of 123 Ordinance – Amending PMC 26.28 - 2 (4) A complete application shall consist of the original signed, dated and stamped mylar drawing of the subdivision with ten copies, a title certificate, applicable instrument identified in 26.28.050 to cover the cost of outstanding improvements, and digital copy of the final plat in a format specified by the City Engineer. (3) A complete application for final plat approval shall consist of ten full sized, four 11x17 paper copies and an electronic copy of the plat. The paper copies together with such supplementary information and certificates which may be required shall be submitted to the City Planner at least twenty days prior to the date sought for final plat approval. Following written notification of corrections or modifications necessary for the final plat, if any, the applicant shall submit a signed, dated and stamped mylar drawing of the subdivision with an updated electronic copy and the applicable bonding instrument as identified in 26.28.050. A bond will only be needed if there are outstanding improvements to complete. (Ord. 4107, 2013; Ord. 4056, 2012; Ord. 3398 Sec. 2, 1999.) Section 2. That Section 26.28.030 (14) of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: (14) Spaces for certificates or approvals of the following officials or agencies: a) Mayor City Manager or Designee. b) Chairman, City Planning Commission. City Planner. c) City Engineer. d) County Engineer (where applicable). e) Franklin County P.U.D. or applicable utility provider. f) Franklin County Irrigation District #1 (where applicable). g) Benton Franklin Health District (where applicable). h) County Assessor. i) County Treasurer. j) County Auditor. (Ord. 3398 Sec. 2, 1999.) Section 3. That Section 26.28.060 of the Pasco Municipal Code entitled “City Council Approval” shall be and hereby is amended and shall read as follows: 26.28.060 CITY COUNCIL ADMINISTRATIVE APPROVAL. The final approval of a plat is an administrative function not requiring action by the City Council. City Council shall have sole authority to approve final plats. Such approval shall occur Page 48 of 123 Ordinance – Amending PMC 26.28 - 3 by majority affirmative vote of the City Council during a regular City Council meeting. A final plat shall only be approved if the City Council administrative review process finds the subdivision proposed for final plat approval conforms to all terms of the preliminary plat approval, and the said subdivision meets the requirements of Chapter 58.17 RCW, other applicable state laws and this title which requirements were in effect on the date of submission of a fully completed preliminary plat application. The final plat applicant may appeal a determination of the administrative review process by a closed record appeal to the City Council pursuant to PMC 4.02.100. (Ord. 3398 Sec. 2, 1999.) Section 4. That Section 26.28.070 of the Pasco Municipal Code entitled “Terms of Approval” shall be and hereby is amended and shall read as follows: 26.28.070 TERMS OF APPROVAL. (1) A subdivision shall be governed by the terms of approval of the final plat, and the statutes, zoning ordinances and regulations in effect on the date of preliminary plat approval for a period of seven (7) years after final plat approval if the date of the final plat approval is on or before December 31, 2014; and for a period of five (5) years after the final plat approval if the date of final plat approval is on or after January 1, 2015, unless the City Council finds through the administrative approval process it is found that a change in conditions creates a serious threat to the public health or safety in the subdivision. If a serious threat to public health and safety is found the plat must be reviewed by the City Council. (2) A subdivision shall be governed by the terms of approval of the final plat, and the statutes, zoning ordinances and regulations in effect at the time of approval of the preliminary plat for a period of ten (10) years after final plat approval if the project is located within the City limits, not subject to the requirements adopted under Chapter 90.58 RCW (Shoreline Management Plan), and the date of the final plat approval is on before December 31, 2007, unless the City Council finds through the administrative approval process it is found that a change in conditions creates a serious threat to the public health or safety in the subdivision. If a serious threat to public health and safety is found the plat must be reviewed by the City Council. (Ord. 4107; Ord. 4056, 2012; Ord. 3398 Sec. 2, 1999.) Section 5. This Ordinance shall be in full force and effect five days after passage and publication as required by law. Page 49 of 123 Ordinance – Amending PMC 26.28 - 4 PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this ____ day of _________________, 2018. ______________________________ Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ____________________________ Daniela Erickson, City Clerk Leland B. Kerr, City Attorney Page 50 of 123 1 M E M O R A N D U M DATE: October 19, 2017 TO: Planning Commission FROM: Darcy Bourcier, Planner I SUBJECT: Ordinance Amending PMC Chapter 26.28 Allowing Administrative Approval of Final Plats (MF# CA2017-007) Earlier this year in July the Senate passed a bill amending RCW 58.17.100, 58.17.170, and 58.17.190 which addresses the approval of final plats. The bill authorizes the legislative body of a city to delegate final plat approval to a planning commission or other authorized administrative personnel. Currently, the City of Pasco’s review process of the subdivision of land includes preliminary and final plat approval by the City Council. According to the current code, the Planning Commission holds 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. Thus, staff believes that delegating final plat approval to the Planning Director or City Manager would benefit both the City and applicants who submit subdivision proposals by decreasing the review process by nearly two weeks and eliminating a formality that has the potential to cause liability. Staff has scheduled a public hearing for the Planning Commission meeting of October 19, 2017. Page 51 of 123 PLANNING COMMISSION MINUTES 9/21/17 WORKSHOP: A. Code Amendment Ordinance Amending PMC Chapter 26.28 Allowing Administrative Approval of Final Plats (MF# CA 2017-007) Chairwoman Roach read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed the ordinance amending PMC Chapter 26.28, allowing administrative approval of final plats. Currently, preliminary plats come to the Planning Commission for public hearing, then come back for deliberations and are then sent on to City Council for a recommendation to approve or deny a preliminary plat with a number of conditions. The applicant will have 5 years to fulfill those conditions based on the preliminary plat approval. When it is complete, and they are often done in phases, the phases go to City Council for approval. It is a pro-forma approval because at that stage everything is complete. The improvements are constructed, conditions complied with and if the improvements aren’t constructed, a bond is posted in case the developer walks from the project the City can complete the public improvements, such as a road or park. Up until July of 2017, State Law requires that final plat process to go through City Council for approval but that has been changed to allow administrative approval of the final plat. Staff has developed an ordinance that appears to change a lot in our existing subdivision code but it actually changes very little. It clarifies some items and allows administrative approval instead of City Council approval. The process the Planning Commission is involved with won’t change at all and the City Council will still be hearing the Commission’s recommendations on preliminary plats just as they do now. But in 5 years from now when the plat is completed, City Council won’t be involved should this code amendment be processed and approved. Chairwoman Roach asked if this ordinance would take 5 years to be put into effect. Mr. White replied that if it is approved it will go into effect when it is adopted by City Council but it is an amendment to the subdivision code. The Planning Commission should weigh in on what Council should do. Chairwoman Roach said she would support the process to move more expediently as there has been such requests from the public and applicants. This may help move things along. Mr. White added that once the preliminary plat is approved by Council they may not see plat again and neither does the Planning Commission. When it does come back to Council for final approval it’s on the consent agenda, it’s not even a hearing or discussed. It would save 2-4 weeks of time at the end of the process when everything is complete and the developer just needs approval which is what the state law was Page 52 of 123 getting at. Commissioner Portugal added that there needs to be a balance between expedience and the process to make sure nothing backfires. While he understands there are deadlines, he does want us to use caution to ensure the well-being of the residents. Commissioner Greenaway said she agreed with Commissioner Portugal but the problem is 5 years down the road when the project is complete that step in the process should be quick. Commissioner Bykonen reminded the Commission that once the plat is ready for final approval by Council, it is put on the consent agenda and Council doesn’t even discuss it and that has been her experience regardless of the jurisdiction. Commissioner Alvarado asked if staff saw any drawbacks to the ordinance amending the PMC. Mr. White said no. Commissioner Portugal discussed the process of cell towers and how it is decided for the companies to disguise them, such as the pine tree cell tower on Road 68 and Court Street or not disguise them as some other towers in the community. He asked if it was possible to have a requirement for cell towers or to make older cell towers to look more aesthetic. Mr. White responded that as Commissioner Cruz once pointed out, that sometimes it is site specific and a tower disguised as a tree may look good in one location but out of place and worse in another location. At the same meeting where the cell tower disguised as a pine tree was approved there was also a cell tower approved disguised as a church steeple on top of a church. It is more of a location basis but the Planning Commission weighs in on the decision. Commissioner Alvarado asked if the item they were discussing the ordinance amendment was for development of plats. Mr. White replied yes and with the code amendment the Planning Commission typically looks at it first at a workshop and then staff takes direction and makes any necessary changes based on feedback and then schedule a hearing to come back to the Planning Commission with a draft ordinance for a recommendation. There were no further questions or comments. Page 53 of 123 PLANNING COMMISSION MINUTES 10/19/17 PUBLIC HEARINGS: G. Code Amendment Ordinance Amending PMC Chapter 26.28 Allowing Administrative Approval of Final Plats (MF# CA 2017-007) Chairman Cruz read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed the proposed code amendment to PMC Chapter 26.28 which would allow administrative approval of final plats. Mr. White explained that State law changed this past legislative session to allow cities to delegate the authority to approve final plats to an administrative staff. It was discussed at the September 21, 2017 Planning Commission meeting that when an item finally proceeds to City Council for final plat approval, everything has been fulfilled beforehand—the conditions have been developed, approved, and recorded. The implementation of the approval is completed through the final plat process; a final plat does not proceed to Council until it is done. Mr. White pointed out that staff sees it as not only a way to decrease liability on behalf of the City, but also a way to increase efficiency. This code amendment, he said, will eliminate a two to three week process of getting a final plat to City Council for approval. Mr. White proposed the Commission conduct the public hearing and recommend approval to City Council. Chairman Cruz asked for discussion, comments, or questions from the Commission members. There were none. Chairman Cruz opened the item for public hearing. There were no comments from the audience, so Chairman Cruz closed the public hearing. Commissioner Portugal moved, seconded by Commissioner Mendez, to close the public hearing and recommend the City Council amend PMC 26.28 to allow administrative approval of final plats. The motion passed unanimously. Page 54 of 123 AGENDA REPORT FOR: City Council April 30, 2018 TO: Dave Zabell, City Manager Rick White, Director Community & Economic Development Regular Meeting: 5/7/18 FROM: Darcy Bourcier, Planner I Community & Economic Development SUBJECT: Rezone: Norman Family Cookies R-2 to R-3 (MF# Z 2018-001) I. REFERENCE(S): Proposed Rezone Ordinance Vicinity Map Report to Planning Commission Planning Commission Minutes Dated: 3/15/18 & 4/19/18 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No. _____, rezoning parcel # 113900039 and # 113900057, from R-2 (Medium Density Residential) to R-3 (Medium Density Residential), and further, authorize publication by summary only. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: On March 15, 2018 the Planning Commission conducted a public hearing to develop a recommendation for the City Council on the possible rezone of two parcels located at the southeast corner of E Lewis St and S Cedar Ave. The northern parcel is addressed 2508 E Lewis St. The applicant requested a rezone from R-2 (Medium-Density Residential) to R-3 (Medium-Density Residential). Following conduct of the hearing, the Planning Commission recommended the property in question be rezoned from R-2 to R-3. No written appeal of the Planning Commission’s recommendation has been received. Page 55 of 123 V. DISCUSSION: The property in question was annexed in 1994; however, the three houses, multi-family units, and various other structures located on the parcels have existed at least since the 1940's. The two parcels have been used as residential rentals and a mobile home park since then. The applicant is seeking a rezone in order to develop the lots with new middle-income townhomes. He hopes that, by improving the site, other businesses and housing developers will be drawn to the area. Page 56 of 123 ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON REZONING PARCEL # 113900039 AND # 113900057, FROM R-2 (MEDIUM DENSITY RESIDENTIAL) TO R-3 MEDIUM DENSITY RESIDENTIAL). WHEREAS, a complete and adequate petition for change of zoning classification has been received and an open record hearing having been conducted by the Pasco Planning Commission upon such petition; and, WHEREAS, that the effect of the requested change in zoning classification shall not be materially detrimental to the immediate vicinity; and, WHEREAS, based upon substantial evidence and demonstration of the Petitioner, that: (A) the requested change for the zoning classification is consistent with the adopted Comprehensive Plan; (B) the requested change in zoning classification is consistent with or promotes the goals and objectives of the Comprehensive Plan serving the general public interest in the community; and (C) there has been a change in the neighborhood or community needs or circumstances warranting the requested change of the zoning classification; and (D) the Planning Commission developed findings 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-2 (Medium-Density Residential) to R-3 (Medium-Density Residential) for the real property as shown in the Exhibit “1” attached hereto and described as follows: The North 248.71 Feet of the Northwest Quarter of the Northwest Quarter of the Southeast Quarter of Section 28, Township 30, Range 9, Except the West 228.71 Feet and Except Roads The South 90 Feet of the North 338.71 Feet of the Northwest Quarter of the Northwest Quarter of the Southeast Quarter of Section 28, Township 30, Range 9 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 7th day of May, 2018. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Daniela Erickson, City Clerk Leland B. Kerr, City Attorney Page 57 of 123 Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS,AeroGRID, IGN, and the GIS User Community VicinityMap Item: Rezone - Norm an Family Cookies LLCApplicant: Norman Family Cookies LLCFile #: Z 2018-001 ± SITE E Lew is St S Cedar AveHe rit a g e B l v dS Hugo AvePage 58 of 123 1 REPORT TO PLANNING COMMISSION MASTER FILE NO: Z 2018-001 APPLICANT: Norman Family Cookies, LLC HEARING DATE: 3/15/2018 1700 Selah Heights ACTION DATE: 4/19/2018 Selah, WA 98942 BACKGROUND REQUEST: REZONE: Rezone two parcels from R-2 (Medium-Density Residential) to R-3 (Medium-Density Residential) 1. PROPERTY DESCRIPTION: Legal: Parcel #1: N 248.71' of NW4NW4SE4 28-9-30, Exc W 228.71' & Exc Rds Parcel #2: Ptn 28-9-30 DAF; S 90' of N 338.71' of NW4NW4SE4 General Location: At the southeast corner of E Lewis St and S Cedar Ave Property Size: Approximately 3.5 acres. 2. ACCESS: The parcels are accessible from E Lewis St and S Cedar Ave. 3. UTILITIES: All municipal utilities are available to serve the site. 4. LAND USE AND ZONING: The lot is currently zoned R-2 (Medium- Density Residential) and is vacant. Surrounding properties are zoned and developed as follows: NORTH: C-1/C-3 – Vacant SOUTH: R-2 – Vacant EAST: R-2 – Vacant WEST: C-1 – Vacant 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site for either Mixed-Residential or Commercial uses. Goal LU-3-E encourages the City to designate areas for higher density residential development where utilities and other facilities enable efficient use of capital resources. Other goals and policies 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). 6. ENVIRONMENTAL DETERMINATION: Based on the SEPA checklist, the adopted City Comprehensive Plan, City development regulations, testimony at the public hearing and other information, a Determination of Non-Significance (DNS) has been issued for this project. Page 59 of 123 2 ANALYSIS The site has been designated for Mixed Residential development since it was annexed into the City in 1994; however, the three houses, multi-family units, and various other structures located on the parcels have existed at least since the 1940s. Since then, the two parcels have been used as residential rentals and a mobile home park and have been the site of numerous code violation issues. Thus, the current owner and applicant of the two parcels is seeking a rezone in order to develop the lots with new middle-income town- homes. He hopes that, by improving the site, other businesses and housing developers will be drawn to the area. Of the allowable zones under the Mixed Residential designation (RS-20, RS-12, RS-1, R-1, R-2, and R-3), R-3 zoning permits the highest residential density at a rate of one multi-family dwelling unit for every 3,000 ft² of land area or 14.5 units per acre. For comparison, the current classification of R-2 permits an approximate density of 8-units per acre. Currently the site totals 152,467 ft² in area; barring any required right-of-way dedications R-3 zoning will allow up to 50 dwelling units. However, this number doesn’t take into account parking, setback, and landscaping requirements. In the event of approval of the rezone, the applicant intends to develop the site with as many as eleven fourplexes with small yard areas. During the time of development, the City also requires full improvement of right-of-way including curb, gutter, and sidewalk. The site is located on an arterial street which is favorable for future residents and visitors of the proposed development. The applicant has expressed interest in either a boundary line adjustment or combining the parcels before development in order to achieve a favorable site layout. 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 1994 when the property was annexed to the City. 2. The changed conditions, which are alleged to warrant other or additional zoning: When the property was annexed, it was designated for mixed-residential development, which includes RS-20, RS-12, RS-1, R-1, R-2, and R-3. By rezoning the property to increase the density, the applicant is in accordance with the Comprehensive Plan. Page 60 of 123 3 3. Facts to justify the change on the basis of advancing the public health, safety and general welfare: The proposed zoning request is consistent with the Comprehensive Plan which has been determined to be in the best interest of advancing public health, safety and general welfare of the community. The rezone will lead to the creation of another residential neighborhoods or commercial businesses providing housing and job 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 may ultimately result in the establishment of a multi-family residential apartment complex consistent with the Comprehensive Plan. The rezone may improve the value of commercial property on E Lewis St and will have minimal to no impact on current and future residential development in the area. 5. The effect on the property owner or owners if the request is not granted: The property owners may choose to develop the property under the current R-2 zoning designation, but the number of housing units would be diminished as a result. Rezoning the property to R-3 would allow a greater number of units and the possibility of street improvements adjacent the property. 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 contains three small houses, multi-family units, and various other small structures that have existed at least since the 1940s. 2. The site was annexed in 1994. 3. The site contains two parcels equaling 3.5 acres. 4. The site is currently zoned R-2 (Medium-Density Residential). 5. Properties to the south and east are zoned R-2 and are vacant. 6. Properties to the north and west are zoned C-1 and C-3 and are vacant. 7. The site is located at the southeast corner of E Lewis St and S Cedar Ave. Page 61 of 123 4 8. The applicant is requesting R-3 (Medium-Density Residential) zoning. 9. R-3 zoning permits the highest residential density at a rate of one dwelling unit for every 3,000 ft² of land area or 14.5 units per acre. 10. The Comprehensive Plan identifies the site for Mixed Residential uses which includes R-3 zoning. The Mixed Residential designation includes zones RS-20, RS-12, RS-1, R-1, R-2, and R-3. 11. In the event of a rezone, the applicant would like to develop the property with new middle-income townhomes complete with small yard areas. 12. The property has been the site of numerous code violations. 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. 2. The effect of the proposal on the immediate vicinity will not be materially detrimental. The immediate area is shown in the Comprehensive Plan for Mixed Residential zoning as well as Commercial zoning. Mixed Residential zoning permits the R-3 (Medium-Density) zoning district. 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. 3. There is merit and value in the proposal for the community as a whole. There is merit in developing 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 housing opportunities available in those areas currently served by municipal utilities and public transportation benefits the community as a whole 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. Page 62 of 123 5 The Pasco Municipal Code includes design standards for residential and commercial development. If or when the applicant pursues the re-development of this property, he will be required to conform to design standards established by the PMC. No special conditions are proposed. 5. A Concomitant Agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement. A Concomitant Agreement is not considered necessary for this application; however, design standards for the proposed units would be an appropriate use of a Concomitant Agreement. RECOMMENDATION MOTION for Findings of Fact: I move to adopt findings of fact and conclusions therefrom as contained in the April 19, 2018 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 the two parcels at the southeast corner of E Lewis St and S Cedar Ave from R-2 to R-3 as recommended by the Planning Commission. . Page 63 of 123 Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS,AeroGRID, IGN, and the GIS User Community OverviewMap Item: Rezone - Norm an Family Cookies LLCApplicant: Norman Family Cookies LLCFile #: Z 2018-001 ± SITE E Lew is St S Cedar AveHe rit a g e B l v dS Elm AveE H elena St E Adelia St Page 64 of 123 Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS,AeroGRID, IGN, and the GIS User Community VicinityMap Item: Rezone - Norm an Family Cookies LLCApplicant: Norman Family Cookies LLCFile #: Z 2018-001 ± SITE E Lew is St S Cedar AveHe rit a g e B l v dS Hugo AvePage 65 of 123 Land UseMap Item: Rezone - Norm an Family Cookies LLCApplicant: Norman Family Cookies LLCFile #: Z 2018-001 ± SITE E Lew is St S Cedar AveHe rit a g e B l v dS Hugo AveVacantSFDUs/Vacant Comm. SFDUs Multi-FamilyCommercialVacant Commercial Vacant SFDUs Vacant MiniStorage IndustrialPage 66 of 123 ZoningMap Item: Rezone - Norm an Family Cookies LLCApplicant: Norman Family Cookies LLCFile #: Z 2018-001 ± SITE E Lew is St S Cedar AveHe rit a g e B l v dS Hugo AveR-2 R-1-A C-3 R-2 I-1C-1 C-3C-1 C-1 R-1R-1 C-3 R-1-A Page 67 of 123 Page 68 of 123 Page 69 of 123 Looking North Page 70 of 123 Looking East Page 71 of 123 Looking South Page 72 of 123 Looking West Page 73 of 123 PLANNING COMMISSION MINUTES 3/15/2018 PUBLIC HEARINGS: B. Rezone Rezone from R-2 (Medium-Density Residential) to R-3 (Medium-Density Residential) (Norman Family Cookies LLC) (MF# Z 2018-001) Chairwoman Roach read the master file number and asked for comments from staff. Darcy Bourcier, Planner I, gave a summary of the rezone application from R-2 (Medium-Density) to R-3 (Medium-Density). The property consists of two adjacent parcels. The parcels were annexed into the city in 1994 but the structures located there date back to the 1940’s. There are three little houses, some multi-family housing and various other structures that have been in the past as source of numerous code violations. In order to clean up the area, the new owner of these two parcels is looking to rezone and develop the lots with new middle income townhomes. By rezoning to a greater density, the owner will be able to fit more units on the property. Since the property is designated for mixed-residential zoning, he will be in conformance with the Comprehensive Plan by rezoning them to R-3. He is hoping that by improving the site, other businesses and housing developers will be drawn to the area. If rezoned, the property will allow for 50 multi-family dwelling units. The applicant has stated that they may develop 11 fourplexes but that is still preliminary. Chairwoman Roach opened the public hearing. Blake Kilbury, 2508 E. Lewis Street, spoke on behalf of his rezone application as a member of Norman Family Cookies LLC. He briefly explained the need for higher density. Dwayne Dramer, 7200 Selah Heights, Selah, WA spoke on behalf of his rezone application as a member of Norman Family Cookies LLC. He stated their intentions with the property. Commissioner Bykonen asked if the housing would be designed for rental property. Mr. Kilbury said yes. With no further questions or comments the public hearing was closed. Commissioner Bowers moved, seconded by Commissioner Greenaway, to close the hearing on the proposed rezone and set April 19, 2018 as the date for deliberations and the development of a recommendation for the City Council. The motion passed unanimously. Page 74 of 123 PLANNING COMMISSION MINUTES 4/19/2018 OLD BUSINESS: A. Rezone Rezone from R-2 (Medium Density Residential) to R-3 (Medium Density Residential) (Norman Family Cookies LLC) (MF# Z 2018-001) Chairwoman Roach read the master file number and asked for comments from staff. There were no additional comments from staff on this item and no questions from Commissioners. Commissioner Bowers moved, seconded by Commissioner Greenaway, to adopt findings of fact and conclusions therefrom as contained in the April 19, 2018 staff report. The motion passed unanimously. Commissioner Bowers moved, seconded by Commissioner Greenaway, based on the findings of fact and conclusions as adopted the Planning Commission recommend the City Council rezone the two parcels at the southeast corner of E. Lewis Street and S. Cedar Avenue from R-2 to R-3 as recommended by the Planning Commission. The motion passed unanimously. Page 75 of 123 AGENDA REPORT FOR: City Council May 3, 2018 TO: Dave Zabell, City Manager Rick White, Director Community & Economic Development Regular Meeting: 5/7/18 FROM: Dave McDonald, City Planner Community & Economic Development SUBJECT: Annexation: Greeno Annexation (MF# ANX 2018-001) I. REFERENCE(S): Proposed Resolution Overview Map Vicinity Map Notice of Intent to Commence Annexation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. _______, accepting a Notice of Intent to commence annexation proceedings for the Greeno Annexation Area and providing a determination on the boundary to be annexed and whether simultaneous zoning and the assumption of bonded indebtedness will be required. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: The owners of property located near the northwest corner of Burns Road and Road 68 have submitted a Notice of Intent to Commence Annexation. The Notice of Intent has been reviewed by staff and has been determined to contain sufficient signatures to initiate the annexation process. Notices of Intent are required to contain the signatures of property owners representing at least 10 percent of the assessed value of an area proposed for annexation. In this case, t he Notice of Intent contains the signatures of owners representing 35.7 percent of the assessed value within the proposed annexation area. Page 76 of 123 V. DISCUSSION: As a part of the review of the Notice of Intent, the petition method of annexation requires the Council to determine: 1. Whether the City will accept or require modification of the proposed annexation area; 2. Whether the City will require simultaneous adoption of zoning; and, 3. Whether the City will require the property to assume all or a portion of existing City indebtedness. The proposed resolution has been prepared following past practices of accepting the proposed annexation area without requiring simultaneous zoning or the assumption of bonded indebtedness (Resolution 3403). Zoning will be established following property owner notification and a public hearing held (by the Planning Commission) separately from a Council hearing on the future annexation. The proposed annexation area is within the Pasco Urban Growth Boundary and as such it has been the City's responsibility to plan for future development on the property. As a result, the annexation area has been included in the Comprehensive Plan and the Comprehensive Water and Sewer Plan service areas. Development of infrastructure on the property will be the responsibility of the developers, while the associated need for public services, such as police and fire, will be the responsibility of the City. Annexation of the properties will result in future development that meets City standards. Page 77 of 123 RESOLUTION NO. 3836 A RESOLUTION ACCEPTING A NOTICE OF INTENT TO COMMENCE ANNEXATION PROCEEDINGS FOR THE GREENO ANNEXATION, PROVIDING A DETERMINATION ON THE BOUNDARY TO BE ANNEXED AND WHETHER SIMULTANEOUS ZONING AND THE ASSUMPTION OF BONDED INDEBTEDNESS WILL BE REQUIRED. WHEREAS, the owners of property in a portion of the south half of the south half of the southwest quarter of Section 4, Township 9 North, Range 29 East, WM; have filed a Notice of Intent to annex to the City of Pasco; and WHEREAS, the City Council of the City of Pasco has reviewed the Notice of Intent and has determined the annexation site is within the Pasco Urban Growth Area, annexation of the site would be a natural extension of the City and said annexation would the in best interest of the Pasco community; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, DOES RESOLVE AS FOLLOWS: A) That the City will accept the proposed territory to be annexed as described in Exhibit “1” and depicted in Exhibit "2”attached hereto. B) That the territory to be annexed will not require simultaneous adoption of zoning regulations. Zoning will be determined through a public hearing process with input from affected property owners. C) That the annexation area will not be required to assume any portion of existing City bonded indebtedness. PASSED by the City Council of the City of Pasco this 7th day of May, 2018. ____________________________________ Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: ____________________________________ ____________________________________ Daniela Erickson, City Clerk Leland B. Kerr, City Attorney Page 78 of 123 EXHIBIT “1” Annexation Legal Beginning at a point on the west right-of-way line of Road 68, said point being the southeast corner of Lot 3, Short Plat 98-5; Thence northerly along the west right- of-way line of Road 68 to the intersection with the north line of the south half of the south half of the southwest quarter of Section 4, Township 9 North, Range 29 East, WM; Thence westerly long the north line of the south half of the south half of the southwest quarter of Section 4, Township 9 North, Range 29 East, WM; to the west line of the southwest quarter of said Section 4; Thence southerly along the west line of the southwest quarter of said Section 4 to the intersection with the north right-of-way line of Burns Road; Thence easterly along the north right- of-way line of Burns Road to the point of beginning. Containing 39.885 acres, more or less. Page 79 of 123 Exhibit#2 Item : Road 68/Burns Road Area AnnexationApplicant: Dave GreenoFile #: ANX 2018-001 ± ANNEXATION AREA 0 300 600 900 1,200150Feet CITY LIMITS Road 84Burns Rd Road 68Kau Trail Snoqualmie Dr Skagit DrCheh alis LnStutz Dr Lasalle Dr Page 80 of 123 Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS,AeroGRID, IGN, and the GIS User Community OverviewMap Item : Road 68/Burns Road Area AnnexationApplicant: Dave GreenoFile #: ANX 2018-001 ± ANNEXATIONAREA 0 925 1,850 2,775 3,700462.5 Feet CITY LIMITS Page 81 of 123 Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS,AeroGRID, IGN, and the GIS User Community VicinityMap Item : Road 68/Burns Road Area AnnexationApplicant: Dave GreenoFile #: ANX 2018-001 ± ANNEXATION AREA 0 300 600 900 1,200150Feet CITY LIMITS Road 84Burns Rd Road 68Kau Trail Snoqualmie Dr Skagit DrCheh alis LnStutz Dr Lasalle Dr Page 82 of 123 NOTICE OF‘INTENTION TO COMMENCE ANNEXATION PROCEDURES TO:The City Council of the City of Pasco 525 North Third Avenue Pasco,Washington 99301 Council Members: The undersigned,who are the owners of not less than ten percent in value,according to the assessed valuation for general taxation of the property for which annexation is sought,hereby advise the City Council of the City of Pasco that it is the desire of the undersigned owners of the following area to commence annexation proceedings. The property herein referred to is described on Exhibit "1"attached hereto and is depicted on Exhibit "2“further attached hereto. It is requested that the City Council of the City of Pasco set a date not later than sixty days after the filing of this request for a meeting with the undersigned to determine: (1)Whether the City Council will accept the proposed annexation; and, (2)Whether the City Council will require the assumption of existing City indebtedness by the area to be annexed;and, (3)Whether the City Council will require simultaneous zoning. This page is one of a group of pages containing identical text material and is intended by the signers of this Notice of Intention to be presented and considered as one Notice of Intention and may be ?led with other pages containing additional signatures which cumulatively may be considered as a single Notice of Intention. Page 83 of 123 1.Please print your name in addition to signing. NAME V ADDRESS DATE Page 84 of 123 EXHIBIT “1” Annexation Legal Beginning at a point on the west right-of-way line of Road 68,said point being the southeast corner of Lots 1 and 3 Short Plat 98-5;Thence northerly along the west right-of-way line of Road 68 to the intersection with the north line of the south half of the south half of the southwest quarter of Section 4,Township 9 North, Range 29 East,WM;Thence westerly long the north line of the south half of the south half of the southwest quarter of Section 4,Township 9 North,Range 29 East,WM;to the west line of the southwest quarter of said Section 4;Thence southerly along the west line of the southwest quarter of said Section 4 to the intersection with the north right-of-way line of Burns Road;Thence easterly along the north right-of-way line of Burns Road to the point of beginning.Containing 39.885 acres,more or less. Page 85 of 123 Au3.«"W?EUm3AOU_..UDPdJ5 wt,.382.888383od?jx?mumQQQ5DL._.ozomm<oEC5F“E :q.,$m.r.,mau?ncweEbans:amum3DmaawQ,m._mJE?LEE31 _w¢n:o<xwDQHU,P».M?rLr..rEL,DSDmQrhQmmmBEBE-.:z..:UmM._./u4A\Jwm4.mM.anmxoa.WBum -.L.R...U9:u?.rWn..“z.mUv.1H_y1.....+...~.3mm. .4:s3m,.:..mMTHmum.%MQ_nR?H.L.rx,.,L_.H.DW.fgmu?muHDD%f,»S.J..i._1D\rLD3 i -isC1D1_ELUr»¢N\\A?wi?w{FLUCm:anEMUD H mmm.s_._<:oozm ms3..fE_EDmAUN y(uH..W_D.P..J1..1r...M.uW??H.H..?..:J4O.;.J?Dn,E E4..,JiW,9:.ePurmLFH.CE(LPI D L D . D COb:1 nmmzmam .=<E:<¥ mm._<:o=mxm::< 83:8NZ<nu2E 263$o>wQu:mo:mm< aouS§E<avg30%m?smzwcwmom“Em: ?n ._.5_._§ Page 86 of 123 AGENDA REPORT FOR: City Council April 11, 2018 TO: Dave Zabell, City Manager Steve Worley, Public Works Director Regular Meeting: 5/7/18 FROM: Dan Ford, City Engineer Public Works SUBJECT: Professional Services Agreement with KPG, Inc. for the 16014 Peanuts Park Renovation Project I. REFERENCE(S): Vicinity Map Professional Services Agreement Summary Preliminary Design Concept of Completed Park II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve the Professional Services Agreement for the design services of the Peanuts Park Renovation Project, and further, authorize the City Manager to execute the agreement. III. FISCAL IMPACT: Community Development Block Grant: $669,724 IV. HISTORY AND FACTS BRIEF: Peanuts Park is centrally located in downtown Pasco and is a focal point of the area. The restoration of this urban park is a key element to the revitalization and redevelopment of downtown Pasco. The park as we know it today will be demolished and a new park plan will be put in place for the area. The final project will include the installation of features such as shade structures, new trees, furniture, green space, restrooms, and a renovated farmers market pavilion. Last year, KPG, Inc. completed a Master Plan for Peanuts Park that outlines the described renovations. V. DISCUSSION: Page 87 of 123 A Request for Qualifications (RFQ) was distributed to solicit prospective design consultants. A Consultant Selection Committee comprised of City staff reviewed and scored the submittals ultimately selecting KPG, Inc. as the most qualified. KPG, Inc. will provide design services and minor construction support for the project. The fee for the work is not to exceed the sum of $669,724 and the final design of the project will be submitted by Fall of 2018. Staff recommends approval of the Professional Services Agreement with KPG, Inc. This item was discussed at the April 2, 2018 Council workshop meeting. Page 88 of 123 PEANUTS PARK VICINITY MAPPage 89 of 123 Professional Services Agreement (Summary Sheet) Project: Professional Services Agreement for the Peanuts Park Project Consultant: KPG, Inc. Address: 3131 Elliot Ave. Ste 400, Seattle, WA 98121 Scope of Services: Creation of a design for the Peanuts Park Restoration Project based off the Master plan. The design should revitalize the downtown Pasco area by creating a more inviting space in Peanuts Park with increased lighting, pedestrian accessibility and space, and renewed energy to the architecture. Term: Completion Date: June 30, 2019 Payments to Consultant: Amount Not to Exceed: $669,724 Insurance to be Provided: 1. Commercial General Liability: ☐ $1,000,000 each occurrence; ☐ $2,000,000 general aggregate; or ☒ $1,000,000 each occurrence; and $2,000,000 general aggregate 2. Professional Liability: ☒ $1,000,000 per claim; ☒ $1,000,000 policy aggregate limit; or ☐ $________ per claim; and $________ per policy aggregate limit Other Information: Signature by: ☐ Mayor ☒ City Manager Page 90 of 123 Page 91 of 123 AGENDA REPORT FOR: City Council May 3, 2018 TO: Dave Zabell, City Manager Regular Meeting: 5/7/18 FROM: Stan Strebel, Deputy City Manager Executive SUBJECT: Agreement to Sell City Property - Argent and 20th I. REFERENCE(S): Purchase and Sale Agreement, dated April 7, 2017 Amendment No. 1 to the Purchase and Sale Agreement, dated October 31, 2017 Proposed Amendment No. 2 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Amendment No. 2 to the Purchase and Sale Agreement for property in the vicinity of Argent Road and 20th Avenue and, further, to authorize the City Manager to execute the amendment. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: In April 2017, the City entered into a Purchase and Sale Agreement (PSA) to sell approximately 4.9 acres of property on 20th Avenue, just south of Argent Road. The property is east and across the street from CBC, and just west of the new CBC student housing project and the Pasco Golf Course. A-1 Hospitality, the purchaser, intends to construct retail shops and commercial offices on the south half of the property and either a hotel or continued retail development on the north half of the property (see Exhibit B of the Agreement). A-1 has recently entered into an agreement with the Port of Pasco to develop a Marriott Courtyard hotel at the northwest corner of the Argent Road - 20th Avenue intersection. Construction is expected to begin this year. A-1 believes that construction of the hotel will help it attract strong commercial tenants for its development of the property to be purchased from the City. Page 92 of 123 A-1, represented by Vijay Patel and Taran Patel, has requested to amend the PSA with the City to better align with its hotel project and marketing for the retail/commercial development. On the attached, proposed Amendment No. 2, Council will note an amendment extending the closing date for Parcel 1 (south half) from May 1, 2018 to May 15, 2018. Council will note the other proposed amendment which ties the dates for plan submittal and commencement of construction of facilities on Parcel 1 to the progress of the hotel on the Port’s airport property. V. DISCUSSION: Staff believes the amendment to be prudent, reasonable and in the economic best interests of the City and, therefore, recommends approval by Council. Page 93 of 123 PURCHASEAND SALEAGREEMENT THIS PURCHASE AND SALE AGREEMENT (hereinafter “Agreernent")is entered into on this 1 day of 14/4:<.,2017,between the City of Pasco,a Washington Municipal Corporation (hereinafter “'City“)and A-1 Properties LLC.(hereinafter “Purchaser")for establishing the terms and conditions for the sale of real property (hereinafter “Propeity”)legally described as set forth below: A portion of that certain real property designated as Parcel ID Number ll3300258,approximately 4.9 acres in size,as shown on Exhibit A,which is attached hereto and incorporated by this reference.The Parties agree that once a survey is completed and the property is segregated as set forth below in Section 4 that the parties shall execute an amendment to this Agreement to include the ?nal legal descriptions. RECITALS WHEREAS,City is the owner of real property located in Franklin County,Washington,which real property is described more particularly in Section 4 below;and WHEREAS,City wishes to sell such real property and Purchaser wishes to purchase such property under certain terms and conditions as set forth below;NOW,THEREFORE, In consideration of the mutual covenants contained herein,the parties agree as follows: l.Purchase and Sale.City agrees to sell.and Purchaser agrees to purchase: (a)The property as generally described above and or particularly determined as provided in Section 4 below. (b)All development rights relating to the real property;(i)all rights to obtain utility service in connection with the real property;(ii)assignable licenses and other governmental permits and permissions relating to the real property and the operation thereof. (c)The land,improvements,and appurtenances which constitute real property are hereafter collectively defined as the “Real Property."All of the Property included by reference within the foregoing paragraphs 1(a)through l(c),both real and personal,is hereinafter collectively referred to as the “Property?” (d)Conditions of sale: (1)The property.Parcel 1 shall be developed as retail and commercial leased space to include:dining and convenience food service,service oriented businesses such as cleaners,salons and barber shops,etc.;Parcel 2 shall be Purchase and Sale Agreement~A-I Properties LLC -Page 1 Page 94 of 123 developed as a hotel or with a continuation of the retail and commercial development as in Parcel l. (2)The propetty shall be developed substantially in accordance with the development plan as designated in Exhibit B,which is attached hereto and incorporated by this reference.However.the parties acknowledge that Purchaser shall be entitled to make reasonable modi?cations to the development plan as reasonably needed but subject to the City‘s written approval,which shall not be unreasonably denied. (3)This Agreement is conditioned upon ?nal approval of the City Council of the City of Pasco prior to closing as required by PMC 2.46. Purchase Price/Financing.The purchase price for the Propeity shall be $5.00 per square foot.The City represents that the Property totals approximately 4.9 acres.The purchase price will be based upon the square footage defined in such survey.The purchase price is payable in cash to the City at closing subject to the Phased Options as provided in Section 5 below. Method of Pament.Within ten (10)business days of the effective date of this Agreement,Purchaser will deposit with Benton—Franklin Title Company (escrow agent), an earnest money deposit in the sum of Twenty-Five Thousand and 00/l00ths Dollars ($25,000.00),which shall be held in an interest bearing trust account.This deposit shall be applied to the purchase price. (a)Purchaser agrees that the earnest money deposit shall be paid to City if the sale does not close after Purchaser has removed all contingencies in writing. (b)Upon closing,Purchaser shall electronically transfer proceeds of Purchaser’s financing for the balance of the purchase price or issue a cashier’s check in the amount of the purchase price to the escrow agent. Surve . (a)The City shall,at the City's sole expense,within twenty (20)days following the effective date of this Agreement,provide a current survey showing both Parcel l and Parcel 2 divisions of the Property and shall: (1)Provide a tnetes and bounds legal description of each parcel of the Property. (2)Calculate the exact square footage of the parcels upon which the purchase price as provided in Section 2 above shall be calculated. (3)Identify the common roadway location. Purchase and Sale Agreement—A-l Properties LLC -Page 2 Page 95 of 123 (b) (d) Purchaser shall have ?fteen (15)days from the date ofdeliveiy of the survey to revoke,by written notice,this Agreement at which time this Agreement shall be null and void and the Purchaser shall be entitled to the return of their earnest money deposit.If the Purchaser fails to object,or waive its notice to object,the survey shall be the acknowledged basis upon which the purchase price shall be calculated as provided in Section 2 above. The City shall,at City's expense,within thirty (30)days following the Purchaser’s waiver,or expiration of its objection,secure a lot segregation for creating Parcel 1 and Parcel 2,and a sub-lot segregation which shall be effective upon closing. Purchaser shall be entitled to use such segregation survey to complete an ALTA survey for the purpose of getting extended title insurance at its own expense. Phased Option. (a) (b) (C) City‘s Initials Purchaser,by its initial below,elects a phased purchase of the Property.Upon such election,Purchaser shall purchase Parcel l.The legal description including the square footage shall be utilized for the calculation of the purchase price at $5.00 per square foot,which purchase shall be closed as provided in Section II and Section 12 below. Following closing on Parcel 1,Purchaser shall have an option to purchase Parcel 2 on or before January 1,2022.If Purchaser exercises the option to purchase Parcel 2 on or before January l,2020,the purchase price shall be the same as stated in paragraph 5(a),above.In the event purchaser does not exercise the option to purchase Parcel 2 until after January 1.2020,the purchase price shall be increased by an amount equal to the increase in the Consumer Price Index (CPI- U)between the date of closing as provided in Section ll below,and the date of closing purchase of Parcel 2.After January 1,2020,should another buyer make a bona tide written offer,which is in excess of the purchase price as set herein,on Parcel 2 prior to Purchaser exercising the above option,Purchaser shall have the first right of refusal to initiate an immediate [within thirty (30)days]purchase of Parcel 2 at the offered price of the bona fide offer.In the event that purchaser fails to exercise its right of refusal,all further remaining provisions related to Parcel 2 shall be terminated. As a condition for exercising the purchase option,the Purchaser shall faithfully perform all terms and conditions of this Agreement including those documents incorporated by reference. Purchaser’s Initials By the initials above,the parties agree to a phased purchase option as described above. Purchase and Sale Agreement—A»1 Properties LLC -Page 3 Page 96 of 123 ?tje.Title to the Property is to be so insurable at closing under terms of the title policy required to be delivered by City under terms of Section 7 hereof.All title insurance charges for the policy referenced in Section 7 below in the amount of the purchase price shall be equally divided between the parties,except for the cost of any special endorsements requested by Purchaser and cancellation fees shall be paid by Purchaser. Preliminary Commitment.Within ?fteen (15)days from the last party's execution of this agreement,City shall furnish Purchaser with a preliminary report/commitment from Benton-Franklin Title for an ALTA owner‘s policy of title insurance with respect to the Real Property,together with a copy of each document forming the basis for each exception referenced therein.Purchaser shall advise City of any title objections within forty-five (45)days of its receipt of the report/commitment or within 30 days of the completion of the ALTA survey,whichever is later,to remove all exceptions or conditions in the title commitment.If within twelve (12)days after its notice to City, Purchaser have not received evidence satisfactory to it that such unsatisfactory items can and will be removed at or prior to closing at City"s sole cost and expense,then Purchaser may elect to (a)terminate this Agreement and receive a full refund of the deposit,(b) waive such defects,or (c)continue this Agreement in effect pending their removal. Removal of unsatisfactory items or their waiver shall be a condition of closing.If Purchaser does not make an election within forty (40)days of completion and acceptance of the survey as outlined in Section 4 b above,Purchaser shall be deemed to have waived the defects. Due Diligence;Inspection Period. (a)Within ?fteen (15)days following the effective date of this Agreement,City shall provide Purchaser with the title commitment described in Section 7 above, together with all relevant documents relating to the Property,including but not limited to copies of all easement,lot segregation and all other covenants and restrictions with respect to all or portions of the Property;and all existing surveys and other reports and studies relating to the Property or its use or development in the possession of City. (b)Purchaser shall have one hundred—frfty(150)days from the completion and acceptance of the survey as outlined in Section 4 b above (the “Inspection Period")within which to conduct an examination of the Property,including examinations of title,engineering tests,soils tests,water percolation tests,ground water tests,environmental examinations,market studies,appraisals,and any other tests or inspections which Purchaser shall have deemed necessary or desirable for the purpose of determining whether the Property is suitable for his intended uses. On or before the expiration of the Inspection Period,the Purchaser shall notify City in writing,with a copy to Escrow Agent,whether Purchaser intends to purchase the Property or tenninate this Agreement.If Purchaser elects to purchase the Property,then the Inspection Period shall terminate and Purchaser"s obligation to purchase and City‘s obligation to sell the Property shall remain,subject to the other terms and conditions of this Agreement.If Purchaser elects not to purchase Purchase and Sale Agrecment—A~l Propenies LLC -Page 4 Page 97 of 123 (c) (d) (0 the Property,then this Agreement shall be void and of no further force and effect, and the deposit shall be retumed to Purchaser.In the event Purchaser fails to notify City in writing of its election to purchase the Property or tenninate this Agreement prior to the expiration of the Inspection Period,then Purchaser shall be deemed to have elected to terminate this Agreement. Purchaser shall have the option to extend the Inspection Period by up to two (2) additional terms of forty—?ve (45)days upon the payment of a non—refundable deposit of five thousand ($5,000)dollars for each such extension.Such deposits shall be applied to the purchase price. Purchaser agrees to repair any damage to the Property resulting from any activities of Purchaser or his agents or consultants on the Property before closing. Purchaser agrees to defend,indemnify and hold the City harmless from any and all damages,expenses,claims,or liabilities (including but not limited to attomey’s fees and costs)arising out of any activities of Purchaser or his agents or consultants on or about the Property before closing,except to the extent that the same results from the City‘s negligence.Purchaser shall not be liable for any inspection claim resulting from Purchaser’s discovery of any prc—existing condition (including,but not limited to,the existence of any hazardous materials) in,on,under or about the Property or any exacerbation of a pre-existing condition in,on,under or about the Property,except to the extent that the exacerbation results from the negligent act or omission of Purchaser or his agents or consultants. Purchaser’s option to purchase Property is conditioned upon Purchaser constructing and operating a retail/commercial area or hotel,pursuant to the conditions of sale per Section l(d)and Purchaser’s obligation herein shall be included as a covenant that runs with the land as a deed restriction on the property as provided in Exhibit C. City has entered into a Purchase and Sale Agreement with CBC Student Housing, LLC,for the sale of approximately the east one-half of City’s original, approximate I0 acre parcel (ID.Number:113300255)for the purpose of development of student housing solely for students of Columbia Basin College. The Agreement includes a development plan (Exhibit C of the said Agreement, which is attached hereto as Exhibit D)which sets forth the several onsite and offsite improvements,together with the responsibility for installation,which are to be installed as development occurs. Pro-rations.Real Property taxes,assessments,water and other utilities,and all other expenses for the month of closing,shall be prorated as of closing.All expenses.fees and sums owing or incurred for the Property for periods prior to closing shall be paid by City, when and as due. Purchase and Sale Agrecment—A-I Properties LLC -Page 5 Page 98 of 123 104 1]. l2. 13. 144 Possession.Purchaser shall be entitled to sole possession of the Property at closing, subject only to the rights,if any,of tenants in possession under‘the leases. Closing.Closing,for at least Parcel 1,shall occur within one hundred and twenty (120) days of the conclusion of Purchasers Inspection Period as provided in Section 8 above, but in no event later than May 1,2018. (a)At closing City will deposit in escrow a duly executed statutory wananty deed covering the Property;a F IRPTA affidavit;and all other documents and monies required of it to close this transaction in accordance with the terms hereof.All such documents shall be in form satisfactory to Purchasers counsel. (b)At closing Purchaser will deposit in escrow the monies required of it to close the transaction in accordance with the terms hereof. Closing Costs.All recording fees on the deed and the escrow fee shall be equally divided between the parties.The City shall pay all excise,transfer.sales and other taxes,if any, incurred in connection with the sale and the title insurance premium to obtain a Washington Land Title Association standard form Purchaser’s or Owner’s Policy of Title Insurance.Purchaser shall pay the additional cost of any extended title insurance and any special endorsements it requests.The City shall bear all costs associated with the lot segregation.Each party shall bear its own attorneys’fees,except as otherwise expressly provided herein. Forfeiture of Earnest Money Deposit -LicmidatedDamages.As an inducement to develop the Property in a manner that brings economic development to the City.the parties agree to the following liquidated damages in the event that Purchaser fails, without legal excuse after the inspection period,to complete the purchase of the Property or ful?ll the tems and obligations set forth in Section 3.The earnest money/deposit shall be forfeited to the City as the sole and exclusive remedy available to the City for such failure to purchase.ln the event City defaults hereunder,Purchaser may pursue all remedies at law or equity,including the right to specific performance,an action for damages,or termination and retum of its earnest money. City’s Initials ?g Purchaser's Initials ReversionarvClause and Option to Repurchase/Reclaim. (a)This Property is being sold to Purchaser in anticipation of the development of retail/commercial leased space and/or a hotel. (17)The Purchaser acknowledges that the purchase price and consideration given by City are related to the City’s goals of economic development and lost opportunities for development would arise if Purchaser fails to begin construction of the anticipated development. Purchase and Sale Agreernent—A-l Propenies LLC -Page 6 Page 99 of 123 15. 16. 17. 18. (c)Unless the failure to commence construction is related to the items identi?ed in Section l9(f),below,if the Purchaser fails to submit an application to City for approval of a site plan and building plans consistent with subsection (a)above, within six (6)months of Closing,the City reserves the right to reclaim title to this Property.If the Purchaser does not initiate construction within twelve (12)months of Closing,City reserves the right to reclaim title to this Property.The City shall reclaim this Property by refunding 90%of the original Purchase Price as detennined in Section 3 above.In such event,the City shall issue such refund first to any mortgagor or lien holder on the property to first satisfy any mortgage or lien,prior to issuing any refund to Purchaser.In the event Purchaser elects the phased option provided in Section 5 above,this right of reverter shall apply to each of the parcels purchased independently.The City will not assume any liability for expenses incurred by Purchaser in conducting this transaction. Purchaser agrees to re-convey title to the City within sixty (60)days of receipt of notification of City’s decision to seek reconveyance of Property.This right of revertcr is exclusive to the City and shall be exercised at the sole discretion of the City. (d)This possibility of reverter survives forty-eight (48)months after closing or until such time as building commences,whichever is earlier.The City shall be under no obligation to exercise this possibility of reverter.This reversionary clause shall survive the delivery of the Deed,but shall automatically lapse upon expiration of the time periods herein and City shall execute such further documents as Purchaser shall request to release same. (e)The same possibility of reverter provisions in this section shall also apply to any to any purchase of Parcel 2 by Purchaser. Covenant Not to Compete.The Seller,City of Pasco,wan'ants as a part of consideration for this transaction and as inducement for the Purchaser to purchase the property,that it shall not,for a period of eight (8)years from the date of Purchaser receiving an occupancy pemiit,sell real property owned by the Seller within live (5) miles of the property to be developed or used for hotel/motel purposes without the prior written consent of the Purchaser. Counterparts.This Agreement may be signed in counterparts which,taken together,shall constitute the complete Agreement. Actions During Term.During the term hereof,City shall not enter into any lease or other agreement affecting the Property or its operation,or modify,extend or otherwise change the terms of any lease or other agreement affecting the Property or its operation or otherwise permit any change in the status of title to the Property without Purchaser’s prior written consent. Assignment.Purchaser may not assign Purchaser’s interest in this Agreement without City‘s prior written consent,which shall not be unreasonably denied. Purchase and Sale Agreement—A-l Properties LLC -Page 7 Page 100 of 123 19,City's Wananties‘lndernnity.City makes the following representations and warranties, which shall be deemed remade as of the closing date: (a) (b) (d) (6) (0 (2) (h) The Property and improvements are not in violation of any applicable covenant, condition or restriction or any applicable statute,ordinance,regulation,order, pennit,rule or law,including,without limitation,any building,private restriction, zoning or environmental restriction. Other than the obligations of record,there are no obligations in connection with the Property,which will be binding upon Purchaser after closing other than liability for the payment of real estate taxes and utility charges. There are no claims,actions,suits or governmental investigations or proceedings existing or,to the best of City‘s knowledge,threatened against or involving City or the Property (including,without limitation,any condemnation or eminent domain proceeding or matter related to the formation of or assessment by a local improvement district)and City has received no written notice thereof. All insurance policies now maintained on the Property will be kept in effect,up to and including the closing.City has received no notice from any insurance company or rating organization of any defects in the condition of the Property or of the existence of conditions which would prevent the continuation of existing coverage or would increase the present rate of premium. There are no leases affecting the Property. The Property is currently zoned C-l (Commercial)which will accommodate the intended use of the property as specified in Section l(d).The City speci?cally reserves the right to condition approval of development on building layout, exterior treatments (aesthetics and open space),parking lot design/capacity, building height,and such other conditions as may be required to insure the compatibility of the intended use with its surrounding existing uses. There are no commissions due to any real estate broker or agent that arise from this Agreement. All such representations and warranties shall be reaf?mred by City as true and correct as of the Closing Date and shall survive the Closing for a period of two (2) years. If,prior to closing,City becomes aware of any fact or circumstance which would change a representation or warranty,then City will immediately give notice of such changed fact or circumstance to Purchaser,but such notice shall not relieve the City of its obligations hereunder. Purchase and Sale Agreement-A-l Properties LLC -Page 8 Page 101 of 123 20.Environmental Indemnification. (a) (b) (0) City will defend,indemnify,and hold Purchaser and his partners,agents and employees and assignee (collectively,the “Indemnified Parties”)harmless from and against any and all claims,obligations,damages.causes of action,costs and expenses.losses,lines,penalties,and liabilities,including,without limitation, attorneys‘fees and costs,imposed upon or incurred by or asserted against an Indemnified Party arising out of or in connection with the occurrence of any of the following:(i)prior to closing:(A)any Environmental Matter affecting or relating to the Property arising out of City‘s use and ownership of the Property;or (B)any violation of any Environmental Law by City with respect to the Property; and (ii)subsequent to closing:(C)the manufacture,storage,sale,use,disposal, release,or discharge of Hazardous Substance in,on or under the Property by City; or (D)any violation of any Environmental Law by City with respect to the Property.City shall also be responsible for all costs,expenses,fines,and penalties arising out of or in connection with the investigation,removal,remediation,clean- up,and restoration work resulting from the matters described in the preceding sentence.City represents that to the best of its knowledge,after reasonable inquiry,it is not aware of any violation of any Environmental Laws relating to the Property,any Hazardous Materials located on the Property or airy Environmental Matter relating to the Property,City"s obligations and representations under this Section 20 shall survive closing. “Environmental Laws”shall mean any federal,state or local laws,ordinance, permits or regulations.or any common law,regarding health,safety,radioactive materials or the environment,including but not limited to,the following federal statutes:Clean Air Act (42 U.S.C.7401 et seg.)(“CAA”),Clean Water Act (33 USC.§§1251 et seg.)(“CWA”),Resource Conservation and Recovery Act (42 U.S.C.§§6091 gtg.)(“RCRA”),Comprehensive Environmental Response Compensation and Liability Act (42 U,S.C.§§9601 eetiq.)(“CERCLA“), Emergency Planning and Community Right-To-Know Act (41 U.S.C.§§I 1001 e_t gr)(“EPCRA"),Safe Drinking Water Act (42 U.S.C.§§300f et seg.) (“SDWA"),Hazardous Material Transportation Act of 1975 (49 U.S.C.§§1801 et seg.)(“HMT "),Toxic Substances Control Act (15 USC,§§2601 et seq.) ("TSCA"),Endangered Species Act of 1973 (16 U.S.C.§§1531 ggsg.)(“ESA"), Federal Insecticide,Fungicide and Rodenticide Act (7 U.S.C,§§136 et seq.) (“Fl.FRA"),the Occupational Safety and Health Act (29 U.S.C.§§651 et seg.) (“OSHA”),the Washington Model Toxics Control Act (RCW Chapter 70.150D) (“MTCA”),or the Hazardous Waste Management Act (RCW Chapter 70.105) (“I-IWMA”),each as amended,and any regulations promulgated thereunder, guidance and directives issued with respect thereto,or policies adopted by the applicable authorities thereunder. “Hazardous Substances”shall mean:(i)any radioactive materials;(ii)any substance or material the transportation,storage,treatment,handling,use, removal or release of which is subject to any Environmental Law;or (iii)any Purchase and Sale Agrcernent—A-1 Properties LLC -Page 9 Page 102 of 123 21, 22. (d) substance or material for which standards of conduct are imposed under any Environmental Law.Without limiting the generality of the foregoing,"Hazardous Substances"shall include:asbestos and asbestos—containingmaterials (whether or not friable);urea-fonnaldehyde in any of its forms;polychlorinated biphenyls;oil, used oil;petroleum products and their by—products;lead-based paint;radon;and any substances de?ned as "hazardous waste,"“hazardous substances,"“pollutants or contaminants,”“toxic substances.”“hazardous chemicals,““hazardous pollutants,”or “toxic chemicals "under the CAA,CWA,RCRA,CERCLA, EPCRA,SDWA,HMTA,TSCA,OSHA,MTCA or HWMA. “Environmental Matter"shall mean any of the following:(i)the release of any Hazardous Substance on or at the Property or any other property;(ii)the migration of any Hazardous Substance onto or from the Property;(iii)the enviromnental,health or safety aspects of transportation,storage,treatment, handling,use or release,whether any of the foregoing occurs on or off the Property,of Hazardous Substances in connection with the operations or past operations of the Property;(iv)the violation,or alleged violation with respect to the Property,of any Environmental Law,order,permit or license of or from any governmental authority,agency or court relating to environmental,health or safety matters;(v)the presence of any underground storage tanks within the confines of the Property;(vi)the presence of wetlands within the confines of the Property;(vii)the presence of any endangered species on,in or around the Property;or (viii)soil,groundwater and surface conditions on,in or around the Property which may have an adverse effect upon the use or value of the Property. Costs and Expenses,Except as otherwise expressly provided herein,each party hereto will bear its own costs and expenses in connection with the negotiation,preparation and execution of this Agreement,and other documentation related hereto,and in the perfonnance of its duties hereunder. Notices.All notices provided for herein may be delivered in person,sent by commercial overnight courier,telecopied or mailed by US.registered or certified mail,return receipt requested,and,if mailed,shall be considered delivered three (3)business days after deposit in such mail.The addresses to be used in connection with such correspondence and notices are the following,or such other address as a party shall from time—to—time direct: City: City of Pasco P.O.Box 293 525 North 3rd Pasco,WA 99301 Attn:Dave Zabcll,City Manager (509)545-3404 Purchase and Sale Agreementv/\~l Propenies LLC -Page 10 Page 103 of 123 23. Purchaser: A-1 Properties LLC 21505 Cottonwood Drive Kennewick,WA 99338 Attn:Vijay Patel,President (541)310-1749 Miscellaneous. (6) (b) (C) (d) (6) (0 (g) (h) Further Documentation.Each of the parties agrees to execute,acknowledge,and deliver upon request by the other party any document which the requesting party reasonably deems necessaiy or desirable to evidence or effectuate the rights herein conferred or to implement or consummate the purposes and intents hereof, so long as such imposes no different or greater burden upon such party than is otherwise imposed hereunder. Headings.The headings in this Agreement are for convenience only and do not in any way limit or affect the terms and provisions hereof. Calculation of Time Periods.Unless otherwise specified,in computing any period of time described in this Agreement,the day of the act or event after which the designated period of time begins to run is not to be included and the last day of the period so computed is to be included,unless such last day is a Saturday, Sunday or legal holiday.The final day of any such period shall be deemed to end at 5 p.m.,Paci?c Time. Time of Essence.Time is of the essence of this Agreement. Gender.Wherever appropriate in this Agreement,the singular shall be deemed to refer to the plural and the plural to the singular,and pronouns of certain genders shall be deemed to include either or both of the other genders. Exhibits.The Exhibits referred to herein and attached to this Agreement are incorporated herein as if set forth in full. Unenforceability.If any provision of this Agreement is held to be invalid,illegal or unenforceable in any respect,such invalidity,illegality or unenforceability shall not affect the remainder of such provision or any other provisions hereof. Amendment.Modi?cations.This Agreement may not be altered,amended, changed,waived,terminated or modi?ed in any respect or particular unless the same shall be in writing and signed by or on behalf of the party to be charged therewith. Purchase and Sale Agreement—A-l Properties l.LC -Page l 1 Page 104 of 123 25. 26. 27. 28. 29. Attorneys‘Fees.If any lawsuit or arbitration arises in connection with this Agreement, the substantially prevailing patty therein shall be entitled to receive from the losing party, the substantially prevailing party’s costs and expenses,including reasonable attomeys’ fees incurred in connection therewith,in preparation therefore and on appeal therefrom, which amounts shall be included in any judgment entered therein. Waiver.A party may,at any time or times,at its election,waive any of the conditions to its obligations hereunder,but any such waiver shall be effective only if contained in writing signed by such party.No waiver shall reduce the rights and remedies of such party by reason of any breach of any other party.No waiver by any party of any breach hereunder shall be deemed a waiver of any other or subsequent breach. Governing Law.This Agreement shall be construed and enforced in accordance with the laws of the State of Washington. Facsimile Signatures.Each party (a)has agreed to permit the use,from time-to—timeand where appropriate,of telecopied signatures in order to expedite the transaction contemplated by this Agreement,(b)intends to be bound by its respective telecopied signature,(c)is aware that the other will rely on the telecopied signature.and (d) acknowledges such reliance and waives any defenses to the enforcement of the documents effecting the transaction contemplated by this Agreement based on the fact that a signature was sent by telecopy. REMEDIES.IF PURCHASER FAILS,AFTER THE REMOVAL OF ITS CONTINGENCIES,AND WITHOUT LEGAL EXCUSE,TO COMPLETE THE PURCHASE OF THE PROPERTY,THE DEPOSIT SHALL BE FORFEITED TO CITY AS LIQUIDATEDDAMAGES AND THE SOLE AND EXCLUSIVE REMEDY TO CITY FOR SUCH FAILURE.IN THE EVENT OF CITY’S DEFAULT,PURCHASER MAY PURSUE ANY REMEDY AVAILABLE AT LAW OR IN EQUITY, INCLUDING SPECIFIC PERFORMANCE. vu Cityis Initials /Purchasers Initials Entire Agreement.This Agreement and the exhibits hereto constitute the entire agreement among the parties with respect to the subject matter hereof and supersede all prior agreements,oral or written,express or implied.and all negotiations or discussions of the parties,whether oral or written,and there are no warranties,representations or agreements among the parties in connection with the subject matter hereof except as set forth herein. IN WITNESS WHEREOF,the parties have executed this Agreement as of the dates noted below. Purchase and Sale Agreemcnl—A~l Properties LLC ~Page 12 Page 105 of 123 PURCHASER:A-1 Progerties LLC By:Vijay Patel,President CITY Dave Za e ,City Manager Attest: Sandy Ken n y,Interim City c1§:k Ap to fOlT?C, "-j”"'—7u-—/ Leland Kerr,City Attorney Purchase and Sale Agreemem—A—IProperties LLC -Page 13 Page 106 of 123 STATE OF WASHINGTON ) ss. County of l/\) On this day personally appeared before me Vijay Patel,to me known to be the individual described in and who executed the within and foregoing instrument,and acknowledged that he signed the same as his free and voluntary deed for the uses and purposes therein mentioned, SUBSCRIBED and sworn to before me M336dayofE- N ,2017. l /wwizxl Notary Public in and for the\Stateof Washington, Residing at Qa/in 220.(/1.(,J /1‘. My Commission Expires:77 '. STATE OF WASHINGTON) )ss. County of Franklin ) On this day personally appeared before me Dave Zabell,City Manager of the City of Pasco,Washington,to me known to be the individual described in and who executed the within and foregoing instrument,and acknowledged that he signed the same as his free and voluntary deed for the uses and purposes therein mentioned. SUBSCRIBED and sworn to before me this L TONIL. Y PUBUCNOTARHNGTONSTATEOFWA5 c0MMlSS|0NEXP“:-3 MARCH3.2020 Purchase and Sale Agreemcnt—A-l Properties LLC -Page l4 Page 107 of 123 <.:___=£ Page 108 of 123 2.S:.aE.=..3.;6.55::i.2. _ 3e:.3.2: _. .ms§o..can W..,.£,,,,Uwh.:=..m..m.§.mm.§m.,u§_,__;_.mH29.50-._.umnO~Eo<o,n_._.zmwm< Em»: .,_, W Z?_.._.,u...5%”zo.6zEmss.oum§ uzzazao \|,m><ER2 mvm”m._._<»mozc_x<n_._<._,O._. ._l._OmwmxxmmwzR:Sm COmSudDwzE._Sm CUmmwmaUozE._5m EOmmamamoz5._5m F...UmEma<0Z:n_.:Dm ._.zHm..E,OO.._m»<z_xoEn.<Dz~D.::m »zm__>a9m>mn_gsuxmzzou Hm~_mj<»mwzvaé25» .EomEmaEmm$a Eom$2.3:mm<E .Eom«mvd _ mm<:._,. wzsapoomE$:xom&<uz8._Sm,_g,., _91.:,m_.&o._m_>moumu1,3.3«H}....:«nnu.!1 ...b\.. n_zmom:a.1am»zmom<y m._.=._§ Page 109 of 123 Exhibit “C” FILED FOR RECORD AT REQUEST OF: City of Pasco 525 North 5"‘ Pasco WA 99301 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS THESE DECLARATIONS OF COVENANTS,CONDITIONS AND RESTRICTIONS are entered into this day of ,2017,by and between the City of Pasco.Washington,a Washington Municipal Corporation (hereina?er referred to as "Declarant")and A-1 Properties LLC,(hereinafter refened to as “Purchaser”). WHEREAS,the Declarant owns real property located in Pasco,Franklin County,Washington,as more particularly described below;and WHEREAS,Purchaser desires to purchase,and the Declarant desires to sell portions of that real property speci?cally described below;and VVHEREAS,the Declarant has a continuing interest in the development of that property as well as the enhancement of the value of the property retained by the Declarant by the adoption of this Declaration.In consideration of the mutual covenants contained herein: 1.Declaration.The City of Pasco,as Declarant,does hereby declare that the property described below shall be held,sold,and conveyed subject to the following covenants, conditions,and restrictions which shall run with the property and any parcel thereof,and shall be binding on all parties having or acquiring any right,title or interest in such property,or in part thereof,and shall inure to the bene?t of the City of Pasco. 2.Description of the Properties. 2.1 Burdened Property.The property subject to this Declaration is generally designated as the west 4.9 acres of property designated as Parcel ID No. 113300258,more legally described in Exhibit A,which is attached hereto and incorporated by this reference. Declaration of Covenants,Conditions And Restrictions -l Page 110 of 123 2.2 Benetitted Property.The bene?tted property is that property:(a)retained by the City of Pasco adjacent thereto,generally described as , more legally described in Exhibit B,which is attached hereto and incorporated by this reference;and (b)the municipal golf course,right-otlways,and other municipal properties owned by the City of Pasco. 3.Restriction on Use of Progerg.The burdened property as described below shall be developed and used solely for the purposes of providing retail,commercial and hotel development and associated improvements. 4.Reversionary Clause and Option to Repurchase. 4.1 The burdened property is being sold to Purchaser in anticipation of the development of retail,commercial and hotel development and associated improvements. 4.2 The Purchaser acknowledges that the purchase price and consideration given by Declarant are related to the Declarant’s goals of economic development and lost opportunities for development would arise if Purchaser fails to begin construction of the anticipated development. 4.3 If the Purchaser fails to submit an application to Declarant for approval of a site plan and building plans consistent with subsection 4.]above,within six (6)months of Closing,the Declarant reserves the right to reclaim title to this Property.If the Purchaser does not initiate construction within twelve (12)months of Closing, Declarant reserves the right to reacquire title to the above-entitled Property.The Declarant shall reacquire this Property by refunding 90%of the original Purchase Price.In the event Purchaser elects the phased options provided in the Purchase and Sale Agreement dated ,this right of reverter shall apply to each of the parcels purchased independently.The Declarant will not assume any liability for expenses incurred by Purchaser in conducting this transaction.Purchaser agrees to re-convey title to the Declarant within sixty (60)days of receipt of noti?cation of Declarant’s decision to seek reconveyance of Property.This right of reverter is exclusive to the Declarant and shall be exercised at the sole discretion of the Dcclarant. 4.4 This possibility of reverter survives forty«eight (48)months after closing or until such time as building commences,whichever is earlier.The Dcclarant shall be under no obligation to exercise this possibility of reverter.This reversionary clause shall survive the delivery of the Deed,but shall automatically lapse upon expiration of the time periods herein and Declarant shall execute such further documents as Purchaser shall request necessary to release the same. Declaration ofCovcnants,Conditions And Restrictions ~2 Page 111 of 123 5.Common Private Roadway. 5.1 For the bene?t of both of the burdened property and the bene?tted property above described,a common roadway,one—halfon the Declaranfs property and one—half on the Purchaser’s property.shall be established between their respective properties consisting of a 15-foot easement encumbering each property at a location more particularly described in Exhibit C. 5.2 Grant of Easement.By separate document the parties have entered into a Common Road Maintenance Agreement and Reciprocal Access Easement of this even date,which shall run with the land and shall encumber and bene?t the properties legally described herein and be binding upon the Purchaser. 6.Enforcement. 6.1 Each property owner shall comply strictly with the covenants,conditions and restrictions set forth in this Declaration.In the event of a violation or breach of any of the same,the Declarant or Purchaser,or their successors-in~interest,jointly or severally,shall have the right to proceed at law or in equity for the recovery of damages,or for injunctive or other equitable relief as may be available at law.If the Declarant or Purchaser seeking enforcement under this section is a prevailing party in any litigation involving this Declaration,then that party also has the right to recover all costs and expenses incurred including reasonable attorney fees and paralegal fees.In the event the Declarant seeks injunctive relief under this provision,no bond shall be required.In the event a Court of competent jurisdiction determines,notwithstanding this provision,that a bond is required,a bond shall be allowed at the lowest amount permissible by law. 62 In addition the above rights,the Declarant shall have a right of abatement if Purchaser fails to take reasonable steps to remedy any violation or breach within thirty (30)days after written notice sent by certi?ed mail.A Right of Abatement, as used in this Section,means the right of the Declarant,through its agents and employees,to enter at all reasonable times upon any property subject to this Declaration,as to which a violation,breach or other condition to be remedied exists,and to take the actions speci?ed in the notice to the Purchaser to abate, extingiish,remove or repair such violation,breach,or other condition which may exist thereon contrary to the provisions of this Declaration,without being deemed to have committed a trespass or wrongful act by reason of such entry and such actions;provided such entry and such actions are canied out in accordance with the provisions of this Section.The cost thereof including the costs of collection and reasonable attorneys’fees shall be a binding personal obligation ofthe Purchaser, enforceable at law,and shall be a lien on such Purchasefs parcel. Declaration of Covenants,Conditions And Restrictions -3 Page 112 of 123 6.3 Any such lien shall be recorded in the real property records of the Franklin County Auditor.The Declarant may bring an action to recover a money judgment for unpaid abatement costs as described above under this Declaration in lieu of foreclosing a lien.The lien for the abatement costs,provided for in this Declaration,shall be subordinate to the lien of any mortgage on such property which was in good faith and for value and which was recorded prior to recordation of the notice of lien.Sale or‘transfer of any lot shall not affect the validity ofthis lien. 7.Gen eral Provisions. 7.1 The expiration or amendment shall become effective only upon recordation in the real property records of the Franklin County Auditor's Office. 7.2 Notices and Other Documents.All notices and other communications under’this Declaration shall be given to the parties hereto at the following addresses: 7.2.1 Ifto Declarant: Mr.Dave Zabell,City Manager CITY OF PASCO PO Box 293 525 North 3"‘ Pasco WA 99301 7.22 If to Purchaser: Mr.Vijay Patel,President A-1 PROPERTIES LLC 21505 Cottonwood Drive Kenrrewiek WA 99338 7.3 Severability.Each provision of this Declaration of Covenants,Conditions and Restrictions shall be deemed independent and severable,and the invalidity of any provision shall not affect the validity of enforceability of the remaining part of that or any other provision.Except,should it ever be determined that the City of Pasco is no longer a party benefitted by this Declaration,and is thus no longer capable of seeking legal remedy to enforce the provisions of this Declaration,then,and unless appeal or legislation is known to be pending on such determination,these covenants,conditions and restrictions shall terminate. Declaration ofCovcnar\ts,Conditions And Restrictions -4 Page 113 of 123 7.4 Dispute Resolution.Except as provided in Section 6 above,in the event of a dispute regarding the enforcement,breach,default,or interpretation of this Declaration of Covenants,Conditions and Restrictions,the Parties shall first meet in a good faith effort to resolve such dispute.In the event the dispute cannot be resolved by agreement of the Parties,said dispute shall be resolved by arbitration pursuant to RCW 7.04A,as amended,with all Parties waiving the right of a jury trial upon de novo,with venue placed in Pasco,Franklin County,Washington. 8.Contingency. 8.1 These Declaration of Covenants,Conditions and Restrictions are contingent upon the purchase by the Purchaser of the burdened property as described above,and,in the event of Purchaser’s failure to close the purchase of the burdened property,the Covenants,Conditions and Restrictions as provided above,shall be null and void. IN WITNESS WHEREOF,the parties have executed this Declaration of Covenants,Conditions and Restrictions on the day of ,2017. DECLARANT: City of Pasco,Washington By: Dave Zabell,City Manager Approved as to the Terms and Form: PURCHASER: A-l Properties LLC By: Vijay Patel,President Declaration of Covenants,Conditions And Restrictions -S Page 114 of 123 STATE OF WASHINGTON ) )ss. County of Franklin ) On this day personally appeared before me Dave Zabell,City Manager of the City of Pasco,Washington,to me known to be the individual described in and who executed the within and foregoing instrument,and acknowledged that he signed the same as his free and voluntary deed for the uses and purposes therein mentioned. SUBSCRIBED and sworn to before me this day of ,2017. Notary Public in and for the State of Washington, Residing at My Commission Expires: STATE OF WASHINGTON ) )ss. County of ) On this day personally appeared before me Vijay Patel,to me known to be the individual described in and who executed the within and foregoing instrument,and acknowledged that he signed the same as his free and voluntary deed for the uses and purposes therein mentioned. SUBSCRIBED and sworn to before me this day of ,2017. Notary Public in and for the State of Washington, Residing at My Commission Expires: Declaration of Covenants,Conditions And Restrictions-6 Page 115 of 123 Exhibit D EXHIBIT C DEVELOPMENTPLAN As a condition of sale,and as additional consideration to the purchase price,the Parties shrill negotiate a Development Plan which consists generally in confonnancc with the Site l’l;m attached as Exhibit 1,and the following,onsite and offsite development,items I-13.in ht- constructed solely at the cost of the Purchaser: l.Construction ofn common entry,and private roadway and sidewalk.with easement.ll'till‘i20"‘Avenue easterly,along the southern boundary of the original parcel to the s(>ulli\\t,‘.\'l comer of sub-parcel A and northerly,along the westerly line of sub-parcel A,to /\rt_:cnl Road. 2.Un—signalized ?ill intersection at 20“Avenue with left turn (eastbound onto prmite roadway)pocket,and pedestrinn sidewalk tic-in along 20”‘Avenue,south to Cl'OS.\\‘.'Ztll: (see chnnnelizationplan,attached). 3.Installation ofutilities including a looped waterline (20"‘Avenue to Argent Ronrl);Hurt!) water onsite disposal;and sewer line tie-in with the airport lift station. 4.Intersection improvements on Argent Road east of 20"‘Avenue (‘A intersection). The following improvements,items 5 and 6,shall be subject to good faith negotizttions Illltl mutual agreement by the Parties: 5.When warranted,City will install signalizcd intersection improvements at 20”‘A\Cllllc.:2: the cost of the City or other property developers. 6.Grading of the property to be purchased,to achieve overall design and t‘unetionuli(_v objectives. The Parties recognize the necessity of ?exibility in the development of both the property In ht: purchased by Purchaser and that retained by the City which will require continued COO])Cl’(tl)\'t‘ efforts to determine the most bene?cial division,con?guration,and appearance of the improvements to be constructed upon the property. City’s initials Purchaser's Initials/_1 Page 116 of 123 AMENDMENT NO.1 TO PURCHASEAND SALEAGREEMENT THIS AMENDMENT TO THAT CERTAIN PURCHASE Al‘{D ALE AGREEMENT (hereinafter “Agreement”),dated April 7,2017 is entered into on thisi day of iailcy’,/2017, between the City of Pasco,a Washington Municipal Corporation (hereinafter “City”)and A-1 Properties LLC,(hereinafter “Purchaser”)for amending and clarifying the terms and conditions as set forth in said Agreement. RECITALS WHEREAS,delays in completing the survey referenced in Section 4 of the Agreement have made it necessary to modify and clarify certain deadlines as described more particularly below; and, WHEREAS,the parties wish to memorialize their mutual understanding and agreement with this Amendment which includes the modi?ed terms and conditions as set forth below;NOW, THEREFORE, In consideration of the mutual covenants contained herein,the parties agree to amend certain sections of the Agreement as follows: 4.Survey. (a)The City shall,at the City’s sole expense, é%provide a current survey showing both Parcel 1 and Parcel 2 divisions of the Property and shall: (1)Provide a metes and bounds legal description of each parcel of the Property. (2)Calculate the exact square footage of the parcels upon which the purchase price as provided in Section 2 above shall be calculated. '3(3)Identify the common roadway location. Parties agree and acknowledge that City has delivered the survey as of September 28 2017.Parties further agree that the calculation for the square footage for Parcel 1 (Lot 1 as shown on survey/binding site plan) shall be:2.45 gross acres=106,722 sq ft less 1,634.85 sq ft equaling a total of 105 087 sq ft‘and that the calculation for the square footage for Parcel 2 (Lot 3 as shown on the survey/binding site plan)shall be:2.77 gross acres=120 661 sq ft less 14,384 sq ft equaling a total of 106 277 sq ft. (b)Purchaser shall have ?fteen (15)days from the date of delivery of the survey to revoke,by written notice,this Agreement at which time this Agreement shall be Amendment No.1 to Purchase and Sale Agreement~A-I Properties LLC -Page 1 10//1 7 Page 117 of 123 (C) (d) null and void and the Purchaser shall be entitled to the return of their earnest money deposit.If the Purchaser fails to object,or waive its notice to object,the survey shall be the acknowledged basis upon which the purchase price shall be calculated as provided in Section 2 above. The City shall,at City's expense,within thirty (30)days following the Purchaser’s waiver,or expiration of its objection,secure a lot segregation for creating Parcel 1 and Parcel 2,and a sub—lotsegregation which shall be effective upon closing. Purchaser shall be entitled to use such segregation survey to complete an ALTA survey for the purpose of getting extended title insurance at its own expense. Due Diligence,"Inspection Period. (3) (b) (0) Within fifteen (15)days following the effective date of this Agreement,City shall provide Purchaser with the title commitment described in Section 7 above, together with all relevant documents relating to the Property,including but not limited to copies of all easement,lot segregation and all other covenants and restrictions with respect to all or portions of the Property;and all existing surveys and other reports and studies relating to the Property or its use or development in the possession of City. Purchaser shall have one hundred-fifty (l 50)days from the completion and acceptance of the survey as outlined in Section 4 b above (the “Inspection Period”)within which to conduct an examination of the Property,including examinations of title,engineering tests,soils tests,water percolation tests,ground water tests,environmental examinations,market studies,appraisals,and any other tests or inspections which Purchaser shall have deemed necessary or desirable for the purpose of determining whether the Property is suitable for his intended uses. On or before the expiration of the Inspection Period,the Purchaser shall notify City in writing,with a copy to Escrow Agent,whether Purchaser intends to purchase the Property or terminate this Agreement.If Purchaser elects to purchase the Property,then the Inspection Period shall terminate and Purchaser’s obligation to purchase and City’s obligation to sell the Property shall remain,subject to the other terms and conditions of this Agreement.If Purchaser elects not to purchase the Property,then this Agreement shall be void and of no further force and effect, and the deposit shall be returned to Purchaser.In the event Purchaser fails to notify City in writing of its election to purchase the Property or terminate this Agreement prior to the expiration of the Inspection Period,then Purchaser shall be deemed to have elected to terminate this Agreement. Purchaser shall have the option to extend the Inspection Period by Q up—te—twe 9-)additional terms of forty-five (45)days upon the payment of a non-refundable deposit of ?ve thousand ($5,000)dollars for each such extension,provided, however,the closing date for Parcel 1,May 1 2018 shall not be affected by such extension except by mutual agreement.Such deposits shall be applied to the purchase price. Amendment No.1 to Purchase and Sale Agreement—A~l Properties LLC -Page 2 I0//17 Page 118 of 123 All remaining terms and conditions of the Purchase and Sales Agreement dated April,7,2017 not inconsistent with the terms herein remain in full force and effect. IN WITNESS WHEREOF,the parties have executed this Amendment as of the dates noted below. PURCHASER:A-1 Properties LLC a 10/30/17 By:Vijay Patel,President Date I CITY@M/to/3///7 Dave Zabell,Cit ager \Date Attest:$9 Approved as to form:gm AAQMWW _L_.42_3u.Xm~_/ Sandy Kenv?jthy,Interim City ylerk Leland Kerr,City Attorney Amendment No.1 to Purchase and Sale Agreement—A-1 Properties LLC —Page 3 10//17 Page 119 of 123 STATE OF WASHINGTON) )ss. County of Franklin ) On this day personally appeared before me Dave Zabell,City Manager of the City of Pasco,Washington,to me known to be the individual described in and who executed the within and foregoing instrument,and acknowledged that he signed the same as his free and voluntary deed for the uses and purposes therein mentioned. '3 ‘TL SUBSCRIBED and sworn to before me this (1 da of -,2017. ‘\A ,\j§®;\I:%2 Notary Public in‘and foruth St 6;of Washington, Residing at My Commission Expires: On this day personally appeared before me Vijay Patel,to me known to be the individual described in and who executed the within and foregoing instrument,and acknowledged that he signed the same as his free and voluntary deed for the uses and purposes therein mentioned. SUBSCRIBED and sworn to before me tl1is'38iL‘day of ',2017. O llubli "n and fo theétateofWashington, Amendment No.1 to Purchase and Sale Agreement~A~1 Properties LLC -Page 4 10//l7 Page 120 of 123 Amendment No. 2 to Purchase and Sale Agreement – A-1 Properties LLC - Page 1 May 2018 AMENDMENT NO. 2 TO PURCHASE AND SALE AGREEMENT THIS AMENDMENT TO THAT CERTAIN PURCHASE AND SALE AGREEMENT (hereinafter “Agreement”), dated April 7, 2017 is entered into on this ___ day of _______, 2018, between the City of Pasco, a Washington Municipal Corporation (hereinafter “City”) and A-1 Properties LLC, (hereinafter “Purchaser”) for amending and clarifying the terms and conditions as set forth in said Agreement. RECITALS WHEREAS, Purchaser has requested certain amendments to the timing of actions re quired by the Agreement; and, WHEREAS, the City has determined that the proposed amendments are reasonable and prudent and further its economic development goals; and, WHEREAS, the parties wish to memorialize their mutual understanding and agreement with this Amendment which includes the modified terms and conditions as set forth below; NOW, THEREFORE, In consideration of the mutual covenants contained herein, the parties agree to amend certain sections of the Agreement to read as follows: 11. Closing. Closing, for at least Parcel 1, shall occur within one hundred and twenty (120) days of the conclusion of Purchaser's Inspection Period as provided in Section 8 above, but in no event later than May 15, 2018. (a) At closing City will deposit in escrow a duly executed statutory warranty deed covering the Property; a FIRPTA affidavit; and all other documents and monies required of it to close this transaction in accordance with the terms hereof. All such documents shall be in form satisfactory to Purchaser’s counsel. (b) At closing Purchaser will deposit in escrow the monies required of it to close the transaction in accordance with the terms hereof. 14. Reversionary Clause and Option to Repurchase/Reclaim. (a) This Property is being sold to Purchaser in anticipation of the development of retail/commercial leased space and/or a hotel. (b) The Purchaser acknowledges that the purchase price and consideration given by City are related to the City’s goals of economic development and lost opportunities for development would arise if Purchaser fails to begin construction of the anticipated development. (c) Unless the failure to commence construction is related to the items identified in Section 19(f), below, if the Purchaser fails to submit an application to City for approval of a site plan and building plans consistent with subsection (a) above, within Page 121 of 123 Amendment No. 2 to Purchase and Sale Agreement – A-1 Properties LLC - Page 2 May 2018 six (6) months of Closing the date of completion of construction (certificate of occupancy) of the Marriott Hotel (which is to be constructed on property owned by the Port of Pasco at the northwest corner of the intersection of Argent Road and 20 th Ave.), the City reserves the right to reclaim title to this Property. If the Purchaser does not initiate construction within twelve (12) months of the completion of construction of the Marriott Hotel Closing, City reserves the right to reclaim title to this Property. The City shall reclaim this Property by refunding 90% of the original Purchase Price as determined in Section 3 above. In such event, the City shall issue such refund first to any mortgagor or lien holder on the property to first satisfy any mortgage or lien, prior to issuing any refund to Purchaser. In the event Purchaser elects the phased option provided in Section 5 above, this right of reverter shall apply to each of the parcels purchased independently. The City will not assume any liability for expenses incurred by Purchaser in conducting this transaction. Purchaser agrees to re-convey title to the City within sixty (60) days of receipt of notification of City’s decision to seek reconveyance of Property. This right of reverter is exclusive to the City and shall be exercised at the sole discretion of the City. (d) This possibility of reverter survives forty-eight (48) months after closing or until such time as building commences, whichever is earlier. The City shall be under no obligation to exercise this possibility of reverter. This reversionary clause shall survive the delivery of the Deed, but shall automatically lapse upon expiration of the time periods herein and City shall execute such further documents as Purchaser shall request to release same. (e) The same possibility of reverter provisions in this section shall also apply to any to any purchase of Parcel 2 by Purchaser. All remaining terms and conditions of the Purchase and Sales Agreement, dated April, 7, 2017, and Amendment No.1, dated October 31, 2017, not inconsistent with the terms herein remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Amendment as of the dates noted below. PURCHASER: A-1 Properties LLC By: Vijay Patel, President Date CITY Dave Zabell, City Manager Date Attest: Approved as to form: Daniela Erickson, City Clerk Leland Kerr, City Attorney Page 122 of 123 Amendment No. 2 to Purchase and Sale Agreement – A-1 Properties LLC - Page 3 May 2018 STATE OF WASHINGTON) ) ss. County of Franklin ) On this day personally appeared before me Dave Zabell, City Manager of the City of Pasco, Washington, to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary deed for the uses and purposes therein mentioned. SUBSCRIBED and sworn to before me this ____ day of _________________, 2017. __________________________________________ Notary Public in and for the State of Washington, Residing at _______________________________. My Commission Expires: ____________________. STATE OF WASHINGTON ) ) ss. County of _______________ ) On this day personally appeared before me Vijay Patel, to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary deed for the uses and purposes therein mentioned. SUBSCRIBED and sworn to before me this ______ day of _____________, 2017. __________________________________________ Notary Public in and for the State of Washington, Residing at _______________________________. My Commission Expires: ____________________. Page 123 of 123