HomeMy WebLinkAbout2018.08.20 Council Meeting PacketRegular Meeting
AGENDA
PASCO CITY COUNCIL
7:00 p.m.
August 20, 2018
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.
(a) Approval of Minutes
To approve the minutes of the Pasco City Council Regular Meeting dated
August 6, 2017 and the Special Meeting dated August 11, 2018.
(b) Bills and Communications
To approve claims in the total amount of $3,261,708.82 ($1,896,944.20 in
Check Nos. 223937-224188; $571,448.88 in Electronic Transfer Nos.
821779-821781, 821804-821805; $46,089.05 in Check Nos.52008-52070;
$741,179.55 in Electronic Transfer Nos. 30123489-30124032; $6,047.14 in
Electronic Transfer Nos. 506-510).
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
$219,641.79 and, of that amount, authorize $160,351.16 to be turned over
for collection.
(c) Dedication Deed: Right-of-Way for a Portion of Road 88 (MF# DEED
2018-007)
To accept the deed from Betty Elaine Mathes for a portion of the Road 88
right-of-way.
(d) Dedication Deed: Right-of-Way for Massey Drive and Road 80 (MF#
DEED 2018-011)
Page 1
Regular Meeting August 20, 2018
To accept the deed from the Pasco School District No. 1 for the Massey
Drive and Road 80 right-of-way.
(e) Quad-Cities Agreement - Stormwater Education
To approve the Memorandum of Agreement (MOA) for Stormwater
Education, and, further, authorize the City Manager to execute the
agreement.
(f) *Appointment to Regional Hotel/Motel Commission
To reappoint Vijay Patel (Holiday Inn Express) to a two-year term on the
Tri-Cities Regional Hotel/Motel Commission; term to expire 8/31/20.
(RC) MOTION: I move to approve the Consent Agenda as read.
4. PROCLAMATIONS AND ACKNOWLEDGEMENTS:
5. VISITORS - OTHER THAN AGENDA ITEMS: This item is provided to allow
citizens the opportunity to bring items to the attention of the City Council or to
express an opinion on an issue. Its purpose is not to provide a venue for debate or
for the posing of questions with the expectation of an immediate response. Some
questions require consideration by Council over time and after a deliberative
process with input from a number of different sources; some questions are best
directed to staff members who have access to specific information. Citizen
comments will normally be limited to three minutes each by the Mayor. Those with
lengthy messages are invited to summarize their comments and/or submit written
information for consideration by the Council outside of formal meetings.
6. REPORTS FROM COMMITTEES AND/OR OFFICERS:
(a) Verbal Reports from Councilmembers
7. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND
RESOLUTIONS RELATING THERETO:
(a) Q*Special Permit Appeal: Mor-Stor Mini Storage Expansion in a C-1
Zone (MF# APPL 2018-002)
CONDUCT CLOSED RECORD HEARING
MOTION: I move the City Council remand the Special Permit to the
Planning Commission at its September 20, 2018 meeting to reopen the
hearing for the condition related to right-of-way dedication.
8. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS:
Page 2
Regular Meeting August 20, 2018
(a) Chapel Hill Boulevard LID Formation (Project No. 16-030)
MOTION: I move to adopt Ordinance No. 4393 relating to full roadway
improvements that includes road construction to three-lane and five-lane
design, curb, gutter, sidewalk, storm drain system, street lighting, and
landscaping (collectively, the “Improvements”); ordering the improvement
of Chapel Hill Boulevard from Road 68 to Road 84, including the
intersection with Road 76, all in accordance with Resolution No. 3829 of the
City Council; establishing Local Improvement District No. 150, and
ordering the carrying out of the proposed improvements; providing that
payment for the improvements be made by special assessments upon the
property in the District, payable by the mode of “payment by bonds;” and
providing for the issuance and sale of local improvement district warrants
redeemable in cash or other short-term financing and local improvement
district bonds, and, further, authorize publication by summary only.
(b) 2019 Community Development Block Grant (CDBG) Annual Work
Plan and Allocations (MF# BGAP 2018-003)
MOTION: I move to approve Resolution No. 3854, approving the Program
Year 2019 Community Development Block Grant Allocations and Annual
Work Plan.
(c) CDBG Program Section 108 Guaranteed Loan Program (MF# BGAP
2018-007)
MOTION: I move to approve Resolution No. 3855, amending Resolution
3814 of the Pasco City Council authorizing the submission of application
and agreement to certifications to the US Department of Housing and Urban
Development for Section 108 Loan Guarantee Program.
(d) 2019 Neighborhood Stabilization Program (NSP) Annual Work Plan
Allocation (MF# BGAP 2018-005)
MOTION: I move to approve Resolution No. 3856, approving the 2019
NSP Program Year Annual Work Plan and Allocation.
(e) 2019 HOME Annual Work Plan and Allocation (MF# BGAP 2018-004)
MOTION: I move to approve Resolution No. 3857, approving Federal
2019 HOME Annual Work Plan and Allocation.
(f) Providing for the Listing of Real Property on a Sale Procedural
Alternative
MOTION: I move to adopt Ordinance No. 4394 Amending PMC 2.46 “Sale
of City Property” Providing for the Listing of Real Property as a Sale
Procedural Alternative, further, to authorize publication by summary only.
Page 3
Regular Meeting August 20, 2018
9. UNFINISHED BUSINESS:
10. NEW BUSINESS:
(a) * Sale of Surplus Property Moore Holding Company LLC
MOTION: I move to approve the Purchase and Sale Agreement with Moore
Holding Company LLC, for approximately 6.78 acres on Sandifur Blvd. east
of Broadmoor Blvd. and, further, to authorize the City Manager to execute
the Agreement.
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. Monday, August 20, 6:00 p.m., LEOFF Disability Board Meeting - Pasco City Hall,
Conference Room 1. (MAYOR WATKINS, Rep., COUNCILMEMBER MALONEY,
Alt.).
2. Wednesday, August 22, 7:30 a.m., Visit Tri-Cities Board Meeting - 7130 W.
Grandridge Blvd. (COUNCILMEMBER PETE SERRANO, Rep.;
COUNCILMEMBER CRAIG MALONEY, Alt.).
3. Thursday, August 23, 4:00 p.m., TRIDEC Board Meeting - 7130 W. Grandridge Blvd.
(COUNCILMEMBER DAVID MILNE, Rep.; COUNCILMEMBER CRAIG
MALONEY. 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.
Spanish language interpreter service may be provided upon request. Please provide two
business day's notice to the City Clerk to ensure availability. (Servicio de intérprete
Page 4
Regular Meeting August 20, 2018
puede estar disponible con aviso. Por favor avisa la Secretaria Municipal dos días antes
para garantizar la disponibilidad.)
Page 5 of 204
AGENDA REPORT
FOR: City Council August 14, 2018
TO: Dave Zabell, City Manager Regular Meeting: 8/20/18
FROM: Daniela Erickson, City Clerk
Administrative & Community Services
SUBJECT: Approval of Minutes
I. REFERENCE(S):
Minutes 08.06.18 and 08.11.18
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve the minutes of the Pasco City Council Regular Meeting dated August 6,
2017 and the Special Meeting dated August 11, 2018.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
Page 6 of 204
SPECIAL MEETING
MINUTES
PASCO CITY COUNCIL AUGUST 11, 2018
CALL TO ORDER:
The meeting was called to order at 9:00 a.m. by Matt Watkins, Mayor.
ROLL CALL:
Councilmembers present: Ruben Alvarado, Blanche Barajas, Craig Maloney,
Saul Martinez, Pete Serrano, and Matt Watkins. David Milne - Excused.
Staff present: Dave Zabell, City Manager.
The meeting was opened with the Pledge of Allegiance.
EXECUTIVE SESSION:
Council adjourned into Executive Session at 9:02 a.m. for approximately 2 hours
and 30 minutes to discuss the performance of a City employee.
Mayor Watkins called the meeting back to order at 11:32 a.m.
ADJOURNMENT.
There being no further business, the meeting was adjourned at 11:32 a.m.
PASSED AND APPROVED this 20th day of August 2018.
APPROVED: ATTEST:
Matt Watkins, Mayor Daniela Erickson, City Clerk
Page 7 of 204
REGULAR MEETING
MINUTES
PASCO CITY COUNCIL AUGUST 6, 2018
CALL TO ORDER:
The meeting was called to order at 7:00 p.m. by Craig Maloney, Mayor Pro Tem.
ROLL CALL:
Councilmembers present: Ruben Alvarado, Blanche Barajas, Craig Maloney,
Saul Martinez, David Milne, and Pete Serrano. Excused: Matt Watkins.
Staff present: Dave Zabell, City Manager; Stan Strebel, Deputy City Manager;
Eric Ferguson, Acting 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; Bob Gear, Fire Chief; Michael Morales, Deputy
Community & Economic Development Director; and Mary Heather Ames,
Senior Engineer.
The meeting was opened with the Pledge of Allegiance.
CONSENT AGENDA:
Approval of Minutes
To approve the minutes of the Pasco City Council dated July 16, 2018.
Bills and Communications
To approve claims in the total amount of $4,747,404.04 ($2,547,573.66 in
Checks Nos. 223546-223936; $1,382,327.82 in Electronic Transfer Nos.
821353-821367, 821381-821392, 821394-821453, 821456-821485, 821487-
821535, 821539-821575, 821577-821592, 821595, 821599-821623, 821648-
821656; $54,018.97 in Checks Nos. 51935-52007; $759,755.45 in Electronic
Transfer Nos. 30122948-30123488; $3,728.14 in Electronic Transfer Nos. 503-
504).
Dedication Deed: Right-of-Way for a Portion of Road 36 (MF# DEED 2018-
008)
To accept the deed from Larissa Murillo for a portion of the Road 36 right-of-
way.
Dedication Deed: Right-of-Way for a Portion of W. Argent Road (MF#
DEED 2018-010)
To accept the deed from Nancy Moore for a portion of the West Argent Road
right-of-way.
Street Vacation: A portion of W. Nixon Street (MF# VAC 2018-003)
To approve Resolution No. 3850, a resolution setting 7:00 P.M., Tuesday,
September 4, 2018, as the time and date to conduct a public hearing to consider
vacating a portion of West Nixon Street.
Mr. Martinez moved to approve the Consent Agenda as read. Mr. Milne
seconded. Approved by unanimous Roll Call vote.
Page 8 of 204
REGULAR MEETING
MINUTES
PASCO CITY COUNCIL AUGUST 6, 2018
2
PROCLAMATIONS AND ACKNOWLEDGEMENTS:
Presentation of Proclamation for "National Health Center Week"
Mayor Pro Tem Maloney presented a Proclamation to Jim Davis, CEO, and
Martin Valadez, Director of Business Development and Public Relations, Tri-
Cities Community Health, proclaiming the week of August 12 - 18, 2018,
"National Health Center Week."
Yard and Business of the Month Awards
Mayor Pro Tem Maloney presented Certificates of Appreciation for July 2018
"Yard of the Month" and "Business Appearance of the Month" to:
• Osvaldo Munguia, 1015 N. 10th Avenue
• David & Diana Campbell, 3602 W. Henry Street
• Linton & Shawn Sims, 6304 Turf Paradise Drive
• Tom & Judy Moore, 10300 Willow Way
• Starbucks, 2411 W. Court Street
VISITORS - OTHER THAN AGENDA ITEMS:
Craig Huntington, 10800 W. Court - concerns regarding issuance of variances by
the City.
REPORTS FROM COMMITTEES AND/OR OFFICERS:
Verbal Reports from Councilmembers
Mr. Martinez attended the Hanford Communities Governing Board Meeting.
Discussed the clean-up and technology they are using to keep it safe.
Mr. Milne attended the Pasco Parks and Recreation Advisory Board Meeting and
at the meeting they discussed the use of growth regulator on grass. Also, the Disc
Golf Course on Road 36 had its grand opening.
Ms. Barajas attend the teen summer program in the Lakeview Area with guest,
Mayor Watkins. ESD 102 provided the curriculum. Mayor Watkins simulated
a Council Meeting and interviewed the teens.
Mr. Alvarado attended and was the Council rep at the State Auditor's Entrance
Conference.
Mr. Serrano attended the Grand Reopening of the Walmart in Pasco. The
celebration was well done.
Mr. Maloney attended the TRAC Advisory Board Meeting on July 24th. They
have come along quite far to get their finances in order and are a great community
asset.
General Fund Operating Statement
Mr. Zabell provided an overview of the General Fund Operating Statement.
Page 9 of 204
REGULAR MEETING
MINUTES
PASCO CITY COUNCIL AUGUST 6, 2018
3
HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS
RELATING THERETO:
Chapel Hill Boulevard LID Formation, No. 16030
Mr. Steve Worley, Public Works Director, and Steve DiJulio, Attorney with
Foster Pepper, gave a presentation regarding the Chapel Hill Boulevard LID
Formation. Council and staff discussed the LID formation.
Mayor Pro Tem Maloney declared the Public Hearing open to consider the
proposed LID formation.
Brian Thorson, Hayden Homes read a letter from DNR into the record from Rich
Scrivner. Mr. Thorson also had more questions regarding the Franklin PUD costs
for this. Leaning toward Option 2. Would like a thirty-day continuance to talk
to the PUD on top of the 14 days.
Ron Asmus, Builder, commented on the rates for commercial versus residential
and why they are requesting a two-week delay. Also, discussed net usable
acreage and the future addition of an overpass.
Rosa Rupp, owns 140 acres and also asked for a continuance to get more set
costs.
Following three calls for additional comments, Mayor Pro Tem Maloney
declared the Public Hearing closed.
Mr. Martinez made a motion to not render a decision to allow staff an opportunity
to review or finalize the ordinance at the next regular meeting where deliberations
will continue along with a potential decision. Mr. Milne seconded the motion.
Motion carried unanimously.
In addition, Council stated they were in favor of Option No. 2.
ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS:
Special Permit: Location of a Church in a C-1 District (MF #SP 2018-006)
Mr. Martinez moved to approve Resolution No. 3851, approving a special permit
for the location of a church at 1103 West Court Street. Mr. Alvarado seconded.
Motion carried unanimously.
Preliminary Plat: The Parks at Riverbend (MF# PP 2018-004)
Mr. Martinez moved to approve Resolution No. 3852, approving the Preliminary
Plat for The Parks at Riverbend. Ms. Barajas seconded. Motion carried
unanimously.
Greenhouse Gas Emission Reduction Policy
Mr. Martinez moved to approve Resolution No. 3853, approving the Greenhouse
Gas Emission Reduction Policy. Mr. Alvarado seconded. Motion carried
unanimously.
Page 10 of 204
REGULAR MEETING
MINUTES
PASCO CITY COUNCIL AUGUST 6, 2018
4
Electronic Traffic Control
Mr. Martinez moved to approve Ordinance No. 4392, creating a New Section
10.22 of the Pasco Municipal Code entitled "Automated Traffic Camera
Systems", and amending Section 1.02.020 entitled " Initiation of Civil Infraction
Proceedings" and further, to authorize publication by summary only. Mr.
Serrano seconded. Motion carried by the following Roll Call vote: Yes -
Maloney, Milne, Barajas, Alvarado, Serrano. No - Martinez.
Mr. Serrano made a motion to amend the ordinance to allow net funds the City
retains go toward traffic safety projects and that future red light camera
placement go through Council for approval. Mr. Alvarado Seconded. Motion
carried unanimously.
MISCELLANEOUS DISCUSSION:
Mr. Zabell noted that the SEACOMM transition was completed successfully this
morning. National Night Out will be held in nine different locations, and Family
Fun and Safety Night will be held at Memorial Park. Also, recognized Jon
Funfar, Communications Manager for an award he received for coverage of the
City Council Meetings.
ADJOURNMENT:
There being no further business, the meeting was adjourned at 9:45 p.m.
PASSED AND APPROVED this 20th day of August 2018.
APPROVED: ATTEST:
Matt Watkins, Mayor Daniela Erickson, City Clerk
Page 11 of 204
AGENDA REPORT
FOR: City Council August 16, 2018
TO: Dave Zabell, City Manager Regular Meeting: 8/20/18
FROM: Richa Sigdel, Director
Finance
SUBJECT: Bills and Communications
I. REFERENCE(S):
Accounts Payable 08.20.18
Bad Debt Write-off/Collection
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve claims in the total amount of $3,261,708.82 ($1,896,944.20 in Check Nos.
223937-224188; $571,448.88 in Electronic Transfer Nos. 821779-821781, 821804-
821805; $46,089.05 in Check Nos.52008-52070; $741,179.55 in Electronic Transfer
Nos. 30123489-30124032; $6,047.14 in Electronic Transfer Nos. 506-510).
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 $219,641.79 and, of that amount,
authorize $160,351.16 to be turned over for collection.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
Page 12 of 204
REPORTING PERIOD:
August 20, 2018
Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined
Check Numbers 223937-224188 52008-52070
Total Check Amount $1,896,944.20 $46,089.05 Total Checks 1,943,033.25$
Electronic Transfer Numbers 821779-821781 30123489-30124032 506-510
821804-821805
Total EFT Amount $571,448.88 $741,179.55 $6,047.14 $0.00 Total EFTs 1,318,675.57$
Grand Total 3,261,708.82$
Councilmember
897,218.90
31,924.30
0.00
0.00
965.42
226.53
0.00
623.85
35,288.79
31.83
0.00
8,704.19
240.26
1,436.00
0.00
0.00
37,986.44
0.00
595.82
0.00
0.00
7,199.40
0.00
0.00
65,108.42
710,479.82
61,604.26
16,273.59
1,373.14
0.00
273,313.84
0.00
0.00
1,111,114.02
GRAND TOTAL ALL FUNDS:3,261,708.82$
EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL
EQUIPMENT RENTAL - REPLACEMENT BUSINESS
MEDICAL/DENTAL INSURANCE
OLD FIRE OPEB
FLEX
PAYROLL CLEARING
EQUIPMENT RENTAL - OPERATING BUSINESS
SPECIAL ASSESSMENT LODGING
LITTER ABATEMENT
REVOLVING ABATEMENT
TRAC DEVELOPMENT & OPERATING
PARKS
ECONOMIC DEVELOPMENT
STADIUM/CONVENTION CENTER
LID
GENERAL CAP PROJECT CONSTRUCTION
UTILITY, WATER/SEWER
EQUIPMENT RENTAL - OPERATING GOVERNMENTAL
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
SCHOOL IMPACT FEES
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
20th day of August, 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
The City Council
August 2 - August 15, 2018
C I T Y O F P A S C O
Council Meeting of:
Accounts Payable Approved
Page 13 of 204
BAD DEBT WRITE-OFF/COLLECTION
July 1 – July 31, 2018
1. UTILITY BILLING - These are all inactive accounts, 60 days or older. Direct write-off are
under $20 with no current forwarding address, or are accounts in "occupant" status. Accounts
submitted for collection exceed $20.00.
2. AMBULANCE - These are all delinquent accounts over 90 days past due or statements are
returned with no forwarding address. Those submitted for collection exceed $10.00. Direct
write off including DSHS and Medicare customers; the law requires that the City accept
assignment in these cases.
3. COURT ACCOUNTS RECEIVABLE - These are all delinquent non-criminal and criminal
fines, and parking violations over 30 days past due.
4. CODE ENFORCEMENT – LIENS - These are Code Enforcement violation penalties which
are either un-collectable or have been assigned for collections because the property owner has
not complied or paid the fine. There are still liens in place on these amounts which will
continue to be in effect until the property is brought into compliance and the debt associated
with these liens are paid.
5. CEMETERY - These are delinquent accounts over 120 days past due or statements are returned
with no forwarding address. Those submitted for collection exceed $10.00.
6. GENERAL - These are delinquent accounts over 120 days past due or statements are returned
with no forwarding address. Those submitted for collection exceed $10.00.
7. MISCELLANEOUS - These are delinquent accounts over 120 days past due or statements are
returned with no forwarding address. Those submitted for collection exceed $10.00.
Direct
Write-off
Referred to
Collection
Total
Write-off
Utility Billing $ 33.34 56.82 90.16
Ambulance $ 59,257.29 7,630.34 66,887.63
Court A/R $ .00 145,292.00 145,292.00
Code Enforcement $ .00 6,987.00 6,987.00
Cemetery $ .00 .00 .00
General $ .00 385.00 385.00
Miscellaneous $ .00 .00 .00
TOTAL: $ 59,290.63 160,351.16 219,641.79
Page 14 of 204
AGENDA REPORT
FOR: City Council August 15, 2018
TO: Dave Zabell, City Manager
Rick White, Director
Community & Economic Development
Regular Meeting: 8/20/18
FROM: Darcy Bourcier, Planner I
Community & Economic Development
SUBJECT: Dedication Deed: Right-of-Way for a Portion of Road 88 (MF# DEED 2018-
007)
I. REFERENCE(S):
Overview Map
Vicinity Map
Dedication Deed
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to accept the deed from Betty Elaine Mathes for a portion of the
Road 88 right-of-way.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
When a property owner applies for a building permit, they are required to dedicate the
necessary right-of-way if sufficient right-of-way has not already been dedicated. This is
a common occurrence in the parts of Pasco that were developed while in the Coun ty
and later annexed into the City. Oftentimes, former County developments either:
1. Dedicated amounts of right-of-way satisfactory for County standards but not
City standards; or
2. Were not required to dedicate any right-of-way at all.
In this case, sufficient right-of-way had not been dedicated to meet City standards.
The property owner applied for a permit to construct a single family house at 8806
Page 15 of 204
Whipple. As a condition of permit approval, she is required to dedicate (per Resolution
1372) the necessary right-of-way for Road 88 abutting her lot.
V. DISCUSSION:
The eastern 10 feet of the applicant's property must be dedicated for future use as
municipal right of way as a condition of permit approval.
Page 16 of 204
City of Pasco, IS Division
OverviewMap Item : Dedication of ROW for Road 88Applicant: Betty Elaine MathesFile #: DEED2018-007 ±
SITE
0 90 180 270 36045Feet Road 88Whipple Ave
Chiawana DrWhipple Ave
Chiawana Park Rd
Page 17 of 204
VicinityMap Item : Dedication of ROW for Road 88Applicant: Betty Elaine MathesFile #: DEED2018-007 ±
SITE
0 30 60 90 12015Feet Road 88Whipple Ave
Page 18 of 204
After Recording,Return To:
City ofPasco,Washington
Attn:City Planner
525 North 3"‘
Pasco,WA 99301
DEDICATION DEED
Tax Parcel No.118 331 207
Address:8806 Whipple Ave
THE GRANTOR,Betty Elaine Mathes,by donation pursuant to RCW 35A.79.0l0,
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 Eastern 10 feet of Lakeview Addition Lot 1,Block 3
DATED thiségdayof O18.
STATE OF WASHINGTON
:ss.
County of Franklin )
On this 23 day of g §9 5 f C ,20l8,before me,the undersigned,duly to be
the individual(s)described abo and W1 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 gg¢_,*,_.2 M C §j,,o :to me known oath
stated that he/she/they is/are authorized to execute the said instrument.
Dedication Deed -1
Page 19 of 204
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Dedication Deed -2
GIVEN under by hand and official seal this 34 day of Q3h._Q5%,
2018.
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NOTARY PUBLIC?in and for the State of Washington
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Page 20 of 204
AGENDA REPORT
FOR: City Council August 15, 2018
TO: Dave Zabell, City Manager
Rick White, Director
Community & Economic Development
Regular Meeting: 8/20/18
FROM: Darcy Bourcier, Planner I
Community & Economic Development
SUBJECT: Dedication Deed: Right-of-Way for Massey Drive and Road 80 (MF# DEED
2018-011)
I. REFERENCE(S):
Overview Map
Vicinity Map
Dedication Deed
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to accept the deed from the Pasco School District No. 1 for the
Massey Drive and Road 80 right-of-way.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
The Pasco School District owns a 26 acre elementary school site on Road 84 north of
the FCID canal right-of-way. Resolution #3734 granted the special permit for
construction of the school required the School District to provide the necessary right-
of-way and construct the northern three-fourths of Massey Drive along the south
property line and the western three-fourths of Road 80 along the east property line.
V. DISCUSSION:
The right-of-way for the extension of Massey Drive and Road 80 must be dedicated for
future use as municipal right of way as a condition of permit approval for elementary
school #16.
Page 21 of 204
City of Pasco, IS Division
OverviewMap Item : Dedication ROW for Massey Dr/Road 80Applicant: Pasco School District #1File #: DEED2018-011 ±
SITE
0 310 620 930 1,240155Feet
Massey Dr Road 84FCID Canal
Maple Dr
Page 22 of 204
VicinityMap Item : Dedication ROW for Massey Dr/Road 80Applicant: Pasco School District #1File #: DEED2018-011 ±
SITE
0 100 200 300 40050Feet
Massey Dr Road 84FCID CanalPage 23 of 204
After Recording,Return To:
City of Pasco,Washington
Attn:City Planner
525 North 3“
Pasco,WA 99301
DEDICATION DEED
Tax Parcel No.117 581010 and 117 582 019
Address:3901 Road 84
THE GRANTOR,PASCO SCHOOL DISTRICT NO.1,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
righ1—of-way,all interest in the land described as follows:
A STRIP OF LAND SITUATED OF THE NORTHWEST QUARTER OF THE SOUTHWEST
QUARTEROF SECTION 16,TOWNSHIP 09 NORTH,RANGE 29 EAST,WILLAMETTE
MERIDIAN,CITY OF PASCO,FRANKLIN COUNTY,WASHINGTON,DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF ABOVE SAID NORTHWEST
QUARTER;THENCE NORTH 89°17'14”EAST ALONG THE NORTHERLY LINE THEREOF
40.01 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF NORTH ROAD
84 PER THE RIGHT-OF-WAY DEED RECORDED UNDER AUDITOR'S FILE NUMBER
1869069,RECORDS OF FRANKLIN COUNTY;THENCE SOUTH 01°10'30"WEST ALONG
SAID RIGHT OF WAY LINE 547.60 FEET TO THE CENTERLINE OF SAID STRIP AND
TRUE POINT OF BEGINNING;
THENCE CONTINUING SOUTH 0l°l0‘30“WEST ALONG SAID RIGHT-OF-WAY LINE
60.26 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT,THE RADIUS OF
WHICH BEARS SOUTH 88°49’30”EAST 25.00 FEET;THENCE NORTHEASTERLY
ALONG SAID CURVE 43.63 FEET THROUGH A DELTA ANGLE OF 99°59’55”;THENCE
SOUTH 78"49’30”EAST 18.44 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT,
THE RADIUS OF WHICH BEARS SOUTH 11°10'30"WEST 770.00 FEET;THENCE
SOUTHEASTERLY ALONG SAID CURVE 65.13 FEET THROUGH DELTA ANGLE OF
04°50’45”;THENCE SOUTH 73°58‘44"EAST 488.23 FEET TO THE BEGINNING OF A
CURVE TO THE LEFT,THE RADIUS OF WHICH BEARS NORTH l6°01‘l6"EAST 1530.00
Dedication Deed -l
Page 24 of 204
FEET;THENCE SOUTHEASTERLY ALONG SAID CURVE 336.66 FEET THROUGH A
DELTA ANGLE OF 12°36‘26”;THENCE SOUTH 86°35'10"EAST 119.76 FEET TO THE
BEGINNING OF A CURVE TO THE RIGHT.THE RADIUS OF WHICH BEARS SOUTH
03°24'50"WEST 970.00 FEET;THENCE SOUTHEASTERLY ALONG SAID CURVE 66.46
FEET THROUGH A DELTA ANGLE OF 03°55’33”;THENCE SOUTH 82°39'37"EAST
130.61 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT,THE RADIUS OF
WHICH BEARS SOUTH 07°20'23"WEST 470.00 FEET;THENCE SOUTHEASTERLY
ALONG SAID CURVE 53.64 FEET THROUGH A DELTA ANGLE OF 06°32‘22”TO THE
EASTERLY BOUNDARY OF ABOVE SAID NORTHWEST QUARTER;THENCE NORTH
01°00’05”EAST ALONG SAID EASTERLY BOUNDARY 30.73 FEET;THENCE
CONTINUING NORTH 01°00’05”EAST ALONG SAID EASTERLY BOUNDARY 819.32
FEET TO THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER;THENCE
SOUTH 89°17’14”WEST ALONG THE NORTHERLY BOUNDARY OF SAID
NORTHWEST QUARTER 30.01 FEET;THENCE SOUTH 01°O0’05”WEST 754.44 FEET
ALONG A LINE PARALLEL WITH AND 30.00 FEET WESTERLY OF THE EASTERLY
BOUNDARY LINE OF SAID NORTHWEST QUARTER TO THE BEGINNING OF A CURVE
TO THE RIGHT,THE RADIUS OF WHICH BEARS NORTH 88°59’55”WEST 25.00 FEET;
THENCE SOUTHWESTERLY ALONG SAID CURVE 42.04 FEET THROUGH A DELTA
ANGLE OF 96°20’18”;THENCE NORTH 82°39’37”WEST 119.01 FEET TO THE
BEGINNING OF A CURVE TO THE LEFT,THE RADIUS OF WHICH BEARS SOUTH
07°20’23”WEST 1030.00 FEET;THENCE NORTHWESTERLY ALONG SAID CURVE 70.58
FEET THROUGH A DELTA ANGLE OF 03°55’33”;THENCE NORTH 86°35’10”WEST
119.76 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT,THE RADIUS OF
WHICH BEARS NORTH 03°24’50”EAST 1470.00 FEET;THENCE NORTHWESTERLY
ALONG SAID CURVE 323.46 FEET THROUGH A DELTA ANGLE OF 12°36’26”;THENCE
NORTH 73°58’44”WEST 488.23 FEET TO THE BEGINNING OF A CURVE TO THE LEFT,
THE RADIUS OF WHICH BEARS SOUTH 16°01’16”WEST 830.00 FEET;THENCE
NORTHWESTERLY ALONG SAID CURVE 70.20 FEET THROUGH A DELTA ANGLE OF
04°50’45”;THENCE NORTH 78°49’30”WEST 37.83 FEET TO THE BEGINNING OF A
CURVE TO THE RIGHT,THE RADIUS OF WHICH BEARS NORTH 11°10’30”EAST 25.00
FEET;THENCE NORTHWESTERLY ALONG SAID CURVE 34.91 FEET THROUGH A
DELTA ANGLE OF 80°00’00”TO THE SAID EASTERLY RIGHT-OF—WAY LINE OF
NORTH ROAD 84;THENCE SOUTH 0I°I0’30”WEST ALONG SAID NORTH ROAD 84
RIGHT-OF—WAY LINE 51.44 FEET TO THE SAID TRUE POINT OF BEGINNING AND
POINT OF TERMINUS.
DATEDthis Hthdayof ?p{/M71‘,2018.
GRANTOR(S)
Owne )
Dedication Deed -2
Page 25 of 204
STATE OF WASHINGTON )
:ss.
County of Franklin )
On this /4i/idayof Z/St ,2018,before me,the undersigned,duly to be
the individual(s)described above nd 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 pufposestherein mentioned,and on
commissioned and sworn,personally appeared ,55 (£5 to me known oath
stated that he/she/they is/are authorized to execute the said instr ment.
GIVEN under by hand and official seal this /1717-wdayof£1,/$457!’,
2018.
L A .,.7'
K»//{4 '
/‘C/MC 14/A/Ié’
/’/’Print Nayhe:,
NOTARY PUBLI‘in and for the State of Washington
Residing at:/8 I’l
My Commission Expires:
Dedication Deed -3
Page 26 of 204
AGENDA REPORT
FOR: City Council August 14, 2018
TO: Dave Zabell, City Manager Regular Meeting: 8/20/18
FROM: Steve Worley, Director
Public Works
SUBJECT: Quad-Cities Agreement - Stormwater Education
I. REFERENCE(S):
Quad-Cities Memorandum of Agreement (MOA) for Stormwater Education
Department of Ecology - 2017-2019 Biennial Stormwater Capacity Grants Agreement
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve the Memorandum of Agreement (MOA) for Stormwater
Education, and, further, authorize the City Manager to execute the agreement.
III. FISCAL IMPACT:
Stormwater Grant - Total of $31,603.10; Pasco's portion being 33.38% or $10,549.11.
This amount will be increased by 2.5% each year for the next four years. In addition,
one-fourth of $15,000 annually or $3,750.
IV. HISTORY AND FACTS BRIEF:
In September 2003, the Department of Ecology issued a regional water rights permit in
the name of Pasco, Richland, Kennewick, and West Richland, referred to as the "Quad -
Cities". A condition of the permit was for the cities to have water conservation
programs, including a recommended school education program. Since 2010, the
Franklin Conservation District (District) has provided public education and outreach
activities to support the Quad-Cities.
V. DISCUSSION:
The District currently provides water conservation and stormwater education programs
to the school districts and general public. The District has agreed to make the education
on stormwater part of their program. The cost to the City would be an annual lump sum
Page 27 of 204
base activities amount, plus actual costs for materials and supplies purchased for the
Home & Garden Show and Fair. The Memorandum of Agreement outlines the program
with the City of Kennewick being the lead agency. The Memorandum of Agreement
meets the water right requirements.
This item was presented at the August 13, 2018 Council Workshop.
Page 28 of 204
MEMORANDUM OF AGREEMENT - Page 1
MEMORANDUM OF AGREEMENT BETWEEN CITIES OF
KENNEWICK, PASCO, RICHLAND, WEST RICHLAND AND FRANKLIN
CONSERVATION DISTRICT FOR PUBLIC EDUCATION PROGRAM SERVICES
This MEMORANDUM OF AGREEMENT (MOA) is made and entered into this date by and
between the Cities of Kennewick, Pasco, Richland, and West Richland, municipal corporations
(hereinafter “Quad-Cities”) and the Franklin Conservation District, a governmental subdivision
of the state (hereinafter “District”).
I. RECITALS
WHEREAS, the Quad-Cities and the District are public agencies as defined in RCW
39.34.020(1), who wish to enter into a Memorandum of Agreement; and
WHEREAS, the Quad-Cities have public education and outreach responsibilities and conditions
per both Water Right Permit S4-309676 and the Eastern Washington Phase II NPDES Municipal
Stormwater Permit; and
WHEREAS, the District currently provides water conservation and stormwater education
programs to the school districts and general public; and
WHEREAS, since 2010 the District has provided public education and outreach activities to
support the Quad-Cities; and
WHEREAS, the Quad-Cities desire to enter into a new Memorandum of Agreement with the
District to continue to support the Quad-Cities through public education and outreach activities
for the Quad-Cities area; NOW, THEREFORE,
In consideration of the conditions, covenants and agreements contained herein, the parties agree
as follows:
II. TERMS
1. DUTIES. The District will offer the Drain Rangers stormwater curriculum (Grades 3-8)
and the Jr. Drain Rangers water conservation curriculum (Grades K-2) to classrooms in
the Quad-Cities to help fulfill the Quad-Cities shared Water Right requirements and
Eastern Washington Phase II NPDES Municipal Stormwater Permit requirements. All
lessons are aligned with Next Generation Science Standards and Common Core
Standards in English/Language Arts.
2. DELIVERABLES. The District shall provide the following deliverables:
a. Drain Rangers Stormwater curriculum will be offered to teachers (Grades 3-8) in
three-hour teacher workshop format. Four no-cost workshops will be held each
year, and the District will provide free clock hours, curriculum binders and dinner
to participating teachers.
Page 29 of 204
MEMORANDUM OF AGREEMENT - Page 2
b. The District will teach additional Drain Ranger lessons in participating teachers’
classrooms.
c. The District will offer ice cream party supplies to teachers who measure the
performance of the curriculum.
d. The District will offer Jr. Drain Ranger lessons to all K-2 classrooms in the Quad-
Cities area, with an estimate of 3,500 students being taught.
e. Water conservation and stormwater pollution materials will be provided for each
Drain Rangers and Jr. Drain Rangers lesson (shower timers/bookmarks).
f. Each of the Quad-Cities will be recognized as Drain Rangers and Jr. Drain
Rangers sponsors on all printed materials handed out to teachers, students and the
public.
g. District will provide an annual report summarizing the number of teachers,
students and schools and lessons taught.
h. District will coordinate and staff a booth at the Regional Home & Garden Show
held at the TRAC in Pasco each February, and the Benton/Franklin Fair in
Kennewick each August.
i. Separately from the above base activities, the District will also purchase and
distribute educational materials and supplies for the booths.
3. COMPENSATION TO THE DISTRICT. The District will semi-annually bill the Quad-
Cities through the City of Kennewick in June and December of each year during the term
of this MOA. The annual lump sum base activities amount due the District for the first
year (July 1, 2018-June 30, 2019) will be $31,603.10, based on the detailed budget in
attached Exhibit A-2018). For each year thereafter during the term of the Agreement, the
District will bill a fixed 2.5% annual increase to this amount. The District will also semi-
annually bill the actual costs for educational materials and supplies purchased for the
Home & Garden Show and Fair, which are estimated to be $15,000.00 per year.
4. QUAD-CITIES COST SHARING. The four cities will divide the lump sum base
activities compensation to the District based on population, per the July 1, 2017 US
Census Bureau population estimates. The proportionate share for each City is 36.20% for
Kennewick, 33.38% for Pasco, 24.95% for Richland, and 6.47% for West Richland. The
estimated $15,000 in annual educational materials and supplies will be divided equally
among the four cities. The City of Kennewick will invoice the other Quad-Cities based
on the above proportions. Each of the Quad-Cities will pay Kennewick within 30 days of
receipt of an invoice from Kennewick. The City of Kennewick shall be responsible for
full payment to the District.
5. TERM. The term of this Agreement is for five years, from July 1, 2018 through June 30,
2023, unless otherwise extended in writing by agreement of all parties.
6. ADMINISTRATION. This MOA shall be administered by the City of Kennewick.
Modifications to this Agreement may be done by written consensus of the Quad-Cities
Public Works Directors and the District. All reimbursement to the District shall be
administered through the City of Kennewick.
Page 30 of 204
MEMORANDUM OF AGREEMENT - Page 3
7. TERMINATION. This MOA may be terminated by 30 days’ written notice from the
party desiring to terminate the Agreement with the other parties.
DATED this ______ day of ______________, 2018.
IN WITNESS WHEREOF the parties have executed this Agreement as of the day and year first
above written.
CITY OF KENNEWICK CITY OF PASCO
___________________________________ ____________________________________
MARIE E. MOSLEY, City Manager DAVE ZABELL, City Manager
Attest: Attest:
___________________________________ ____________________________________
TERRI L. WRIGHT, City Clerk DANIELA ERICKSON, City Clerk
Approved as to Form: Approved as to Form:
___________________________________ ____________________________________
LISA BEATON, Kennewick City Attorney LELAND B. KERR, Pasco City Attorney
CITY OF RICHLAND CITY OF WEST RICHLAND
___________________________________ ____________________________________
CINDY REENTS, City Manager BRENT GERRY, Mayor
Attest: Attest:
___________________________________ ____________________________________
MARCIA HOPKINS, City Clerk JULIE RICHARDSON, City Clerk
Approved as to Form: Approved as to Form:
___________________________________ ____________________________________
HEATHER KINTZLEY BRONSON BROWN
Richland City Attorney West Richland City Attorney
Page 31 of 204
‘w "'DEPARTMENT OF
E
Agreement N 0.WQSWCAP-1719-Pasco-00120
WATER QUALITY STORMWATER CAPACITY 1719 AGREEMENT
BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
CITY OF PASCO
This is a binding Agreement entered into by and between the state of Washington,Department ofEcology,
hereinafter referred to as "ECOLOGY."'and City ofPasco,hereinafter referred to as the “RECIPIENT,”to carry out
with the provided funds activities described herein.
GENERAL INFORMATION
Project Title:2017-2019 Biennial Storrnwater Capacity Grants
Total Cost:$50,000.00
Total Eligible Cost:$50,000-00
Ecology Share:$50-000-00
Recipient Share:$0.00
The Effective Date ofthis Agreement is:-07/01/2017
The Expiration Date ofthis Agreement is no later than:I03/31/2019,J
Project Type:Capacity Grant
Proect Short Description:
This project will assist Phase I and ll Pennittees in implementation or management ofmunicipal stormwater
programs.
Pro'ect Long Description:
N/A
Overall Goal:
This project will improve water quality in the State of Washington by reducing stormwater pollutants
discharged to state water bodies.
Page 32 of 204
State of Washington Dcpar1mentoI‘Ecolog_v
Agreement No:WQSWCAP-l719-Pasco-00120
Project Title:20 I 7-2019 Biennial Smrmwater Capacity Grants
Recipient Name’Cu}of Pawn
RECIPIENT INFORMATION
Organization Name:City of Pasco
Federal Tax ID:91-600l264
DUNS Number:009974598
Mailing Address:PO Box 293
Pasco.WA 9930]
Physical Address:525 N Third Ave
Pasco,Washington 99301
Organization Email:fordd@pasc(>wa.gov
Organization Fax:(509)543.5728
Contacts
I l Allan PotterProjectManager,‘Resident Engineer
525 N Third Ave
Pasco,Washington 99301
Email:pottera@pasc0-wa.gov
Phone:(509)545-3444
Pagcl oil‘?
l Billing Contact Charlene Sandland
Staff Accountant
PO Box 293
525 N.3rd Avenue
Pasco,Washington 9930]
Email:sandlandc@pasco—wa.gov
I Phone:(509)545-3428
Alllh?riled Daniel Ford
SiE“3t0".V City Engineer
525 N Third Ave
Pasco.Washington 9930l
Email:fordd@pasco-wa.gov
Phone:(509)545-3444
Version 10/30/20l5
Page 33 of 204
State of Washington Dcpnmncnl of Ecology
Agrccinunl No
Prqiecl Tillc:
Recipient Name.
WQSWCAP-I719-Pasco-U0lZ0
2Ul7-20!‘)Biennial Slormwatcr Cupzwily Grams
City 01'Pasco
ECOLOGY INFORMATION
Mailing Address:
Physical Address:
Contacts
Department of Ecology
Water Quality
PO BOX 47600
Olympia,WA 98504-7600
Water Quality
300 Desmond Drive SE
Lacey,WA 98503
Page 3 of 19
Project
Manager
Financial
Manager
Version ll)/30/20l5
Kyle Graunke
PO Box 47600
Olympia.Washington 98504-7600
Email:kygr46l@eCy.wa.gov
Phone:(360)407-6452
Kyle Graunke
PO Box 47600
Olympia.Washington 98504-7600
Email:kygr46l@ecy.wa.gov
Phone:(360)407-6452
Page 34 of 204
State of Washington Department of |':colog_v Page 4 of IO
Agreement No:WQSWCAP-l7I9-Pasco-00120
Project Title:20I7-2019 Biennial Slorinwater Capacity (irants
Recipient Name.City of Pasco
AUTHORIZING SIGNATURES
RECIPIENT agrees to fumish the necessary personnel.equipment.materials.services.and otherwise do all things
necessary for or incidental to the performance of work as set forth in this Agreement.
RECIPIENT acknowledges that they had the opportunity to review the entire Agreement.including all the terms and
conditions ofthis Agreement.Scope of Work.attachments.and incorporated or referenced documents.as well as all
applicable laws.statutes.rules.regulations.and guidelines mentioned in this Agreement.Furthennore.the
RECIPIENT has read.understood.and accepts all requirements contained within this Agreement.
This Agreement contains the entire understanding between the parties.and there are no other understandings or
representations other than as set forth.or incorporated by reference.herein.
No subsequent modifications or amendments to this agreement will be ofany force or effect unless in writing.signed
by authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement.ECOLOGY and
RECIPIENT may change their respective staff contacts without the concurrence ofeither party.
This Agreement shall be subject to the written approval of Ecology‘s authorized representative and shall not be
binding until so approved.
The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their
respective organizations to this Agreement.
IN WITNESS WHEREOF:the parties hereto.having read this Agreement in its entirety.including all attachments.do
agree in each and every particular and have thus set their hands hereunto.
Washington State City of PascoDepartmentofEcology I
»I
By:
Heather R.Bartlett Date Daniel Ford Date
Water Quality City Engineer
Program Manager
Template Approved to Form by
Attomey Generals Oflicc
Version I0/30/20]5
Page 35 of 204
State of Washington l)ep-artmcnt of Ecology Page 5 of 1‘)
Agreement No’WQSWCAP-l 7 l9~Pa<co-00120
Project Title:2017-2019 Biennial Stormwater Capacity Grants
Recipient Name’City of Pasco
SCOPE OF WORK
Task Number:1 Task Cost:$5.000.00
Task Title:Project Administration/Management
Task Description:
A.The RECIPIENT shall carry out all work necessary to meet ECOLOGY grant or loan administration requirements.
Responsibilities include,but are not limited to:maintenance ofproject records;submittal of requests for
reimbursement and corresponding backup documentation:progress reports;an EAGL (Ecology Administration of
Grants and Loans)recipient closeout report;and a two—page ?nal outcome summary report (including photos.if
applicable).In the event that the RECIPIENT elects to use a contractor to complete project elements,the RECIPIENT
shall retain responsibility for the oversight and management ofthis funding agreement.
B.The RECIPIENT shall keep documentation that demonstrates the project is in compliance with applicable
procurement,contracting.and interlocal agreement requirements;permitting requirements,including application for.
receipt oi‘.and compliance with all required permits,licenses,easements,or property rights necessary for the project;
and submittal of required performance items.This documentation shall be made available to ECOLOGY upon
request.
C.The RECIPIENT shall maintain effective communication with ECOLOGY and maintain up-to—date staff contact
information in the EAGL RECIPIENT contact form.The RECIPIENT shall carry out this project in accordance with
any completion dates outlined in this agreement.
Task Goal Statement:
Properly managed and fully documented project that meets ECOLOGY's grant and loan administrative requirements.
Task Expected Outcome:
*Timely and complete submittal of requests for reimbursement.quarterly progress reports,RECIPIENT closeout
report.and two-page outcome summary report.
*Properly maintained project documentation
Recipient Task Coordinator:Allan Potter
Project Ad ministration/Management
Deliverables
Number Description Due Date
Progress Reports that include descriptions of work accomplished.project
challenges,or changes in the project schedule.Submitted at least
uarterl .
Recipient Closeout Report (EAGL Form)—
1.3 Two-page Outcome Summary Report
Version l(l/30/ZOIS
Page 36 of 204
St.-rtenfwashington Department oflicnlogy Page (7 of I‘)
Agreement No.WQSWCAP-I7 l9~Pascu-00|20
Prqicct Title.ZOI7-2019 Biennial Stormwalcr Capacity Grunts
Recipient Name:City of Pasco
SCOPE OF WORK
Task Number:2 Task Cost:$45.000.00
Task Title:Permit Implementation
Task Description:
Conduct work related to implementation ofmunicipal stomtwater National Pollutant Discharge Elimination System
(NPDES)permit requirements.Ifthe RECIPIENT is out ofcompliance with the municipal stonnwater National
Pollutant Discharge Elimination System (NPDES)permit.the RECIPIENT will ensure funds are used to attain
compliance where applicable.
RECIPIENT may conduct work related to implementation of additional activities required by the municipal stormwater
NPDES permits.The following is a list ofelements REClPIENT’s project may include.
I)PubliceducatiotfT&‘nd2o?n‘eZ1‘élia?tivitiesfincludingstewardship activities.
2)Public involvement and participation activities.’
3)Illicit discharge detection and elimination (IDDE)program activities.including:
a)Mapping or geographic information systems ofmunicipal separate storm sewer systems (MS4s).
b)Stafftraining.
c)Activities to identify and remove illicit stonnwater discharges.
cl)Field screening procedures.
e)Complaint hotline database or tracking system improvements.
4)Activities to support programs to control runoff from new development.redevelopment,and construction sites.
including:
a)Development of an ordinance and associated technical manual or update of applicable codes.
b)Inspections before.during.and upon completion of construction.or for post-construction |ong—termmaintenance.
c)Training for plan review and/or inspection staff.
d)Participation in applicable watershed planning effort.
5)Pollution prevention.good housekeeping.and operation and maintenance program activities.such as:
a)Inspecting and/or maintaining the MS4 infrastructure.
b)Developing and/or implementing policies,procedures.or stonnwater pollution prevention plans at municipal
properties or facilities.
6)Annual reporting activities.
7)Establishing and re?ning stormwater utilities.including stable rate structures.
8)Water quality monitoring to implement permit requirements for a Water Cleanup Plan (TMDL).Note that any
monitoring funded by this program requires submittal ofa Quality Assurance Project Plan (QAPP)that the
DEPARMENT approves prior to awarding funding for monitoring.
Monitoring,including:
a)Development of applicable QAPPs.
b)Monitoring activities,in accordance with a DEPARTMENT-approved QAPP.to meet Phase I/II permit
requirements.
9)Structural storrnwater controls program activities (Phase I permit requirement)
10)Source control for existing development (Phase I permit requirement).including:
a)Inventory and inspection program.
b)Technical assistance and enforcement.
c)Stafftraining.
Version 10/30/2015
Page 37 of 204
State of Washington Depamnent ol'Eculog)Page 7 of 19
/\gH)Cl!lL’I1lNO.WQSWCAl’-I 719-l’asco~0U120
PiojeclTi1|e.2017-20!‘)Biennial Stormwzilcr Capacity Grants
Recipient Name:City ofl’asco
l 1)Equipment purchases that result directly in improved compliance with permit requirements.Allowed costs for
equipment purchases must be speci?c to implementinga pemtit requirement (such as a vactor truck)rather than
general use (such as a general use pick—uptruck).Quali?ed equipment purchases include but are not limited to:
a)Illicit discharge testing equipment and materials.
b)Vactor truck or sweeper truck or MS4 maintenance activities.
c)Electronic devices dedicated to mapping of MS4 facilities and attributes.
d)Software dedicated to tracking pennit implementation activities.
As a deliverable,documentation of all tasks completed is required.Documentation includes but is not limited to:
maps.?eld reports,dates and number ofinspections conducted,dates of trainings held and participant lists,number of
illicit discharges investigated and removed,summaries ofplanning.stormwater utility or procedural updates,annual
repons,copies of approved QAPPS.summaries of structural or source control activities,summaries of how equipment
purchases have increased or improved permit compliance.
Task Goal Statement:
This task will improve water quality in the State of Washington by reducing the pollutants delivered by stormwater to
lakes,streams.and the Puget Sound by implementing measures required by Phase 1 and [I NPDES permits.
Task Expected Outcome:
RECIPIENTS will implement measures required by Phase I and ll NPDES permits.
Recipient Task Coordinator:Allan Potter
Permit lm plementation
Deliverables
Description
Documentation of tasks completed
Version IU/30/2015
Page 38 of 204
State of Washington Department of Ecology Page Xof I9
Agreement No:WQSWCAP—l7I9-Pascn-00]20
Project Title:201 7—20l‘)Biennial Stnrrnwatcr Capacity Grants
Recipient Name:City of Pace
BUDGET
Funding Distribution EGl80070
NOTE:The abovefunding distribution number is used In idet1tt'fj2thisspeci/’icagreement and budget on payment
remittances and may be referencedon other c0mmunicatian.v?'0mECOLOGY.Your agreement may have multiple
funding distribution numbers to idemi?ieach budget.
Funding Title:FY]7 I 9 Capacity Grants Funding Type:Grant
Funding Effective Date:07/01/2017 Funding Expiration Date:O3/3l/2019
Funding Source:
Title:Stonnwater Capacity
Type:State
Funding Source “/0:l00%
Description:
Approved Indirect Costs Rater Approved State Indirect Rate:25%
Recipient Match %:0%
InKind lnterlocal Allowed:N0
InKind Other Allowed:No
Is this Funding Distribution used to match a federal grant?No
FY1719 Capacity Grants Task Total
Grant and Loan Administration 55 5.000.00
Permit Implementation 45.00000
Total:S 50,000.00
Version I0/30/20 l 5
Page 39 of 204
Stare oi Washington Depaninent of Lcology Page 9 of I‘)
Agrc.-cnn:nt No WQSWCAP-17|‘)-Pasco-U()l2()
Project Title.go:7~20 I 9 Biennial Stonnwzner Capacity Grants
Recipient Name.Cit;ol‘Pasco
Funding Distribution Summary
Recipient/Ecology Share
Recipient Match %Recipient Share Ecology Share
0.00 %$0.00 55 50.00000 $50.000.00
$0.00 $50,000.00 5 50,000.00
Funding Distribution Name
FY 17l 9 Capacity Grants
Total
AGREEMENT SPECIFIC TERMS AND CONDITIONS
N/A
SPECIAL TERMS AND CONDITIONS
GENERAL FEDERAL CONDITIONS
Ifa portion or all of the funds for this agreement are provided through federal funding sources or this
agreement is used to match a federal grant award,the following terms and conditions apply to you.
A.CERTIFICATION REGARDING SUSPENSION DEBARMENT INELIGIBILITY OR VOLUNTARY
EXCLUSION:
1.The RECIPIENT/CONTRACTOR,by signing this agreement.certi?es that it is not suspended.debarred.
proposed for debarment.declared ineligible or otherwise excluded from contracting with the federal
government,or from receiving contracts paid for with federal funds.If the RECIPIENT/CONTRACTOR is
unable to certify to the statements contained in the certi?cation.they must provide an explanation as to why they
cannot.
2.The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the
RECIPIENT/CONTRACTOR learns that its certi?cation was erroneous when submitted or had become
erroneous by reason of changed circumstances.
The terms covered transaction.debarred.suspended.ineligible,lower tier covered transaction,participant,
person,primary covered transaction,principal.proposal,and voluntarily excluded.as used in this clause,have
the meaning set out in the De?nitions and Coverage sections of rules implementing Executive Order l2549.
You may contact ECOLOGY for assistance in obtaining a copy of those regulations.
4.The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction
with a person who is proposed for debamtent under the applicable Code of Federal Regulations.debarred.
suspended,declared ineligible,or voluntarily excluded from participation in this covered transaction.
5.The RECIPIENT/CONTRACTOR further agrees by signing this agreement.that it will include this clause titled
"CERTIFICATION REGARDING SUSPENSION,DEBARMENT.INELIGIBILITY OR VOLUNTARY
EXCLUSION"without modi?cation in all lower tier covered transactions and in all solicitations for lower tier
covered transactions.
6.Pursuant to 2CFRl80.330.the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier
covered transaction complies with certi?cation ofsuspension and debarment requirements.
7,RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of
Federal Regulations may result in the delay or negation ofthis funding agreement.or pursuance oflegal
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State of Washington Department ol‘Ecology Page 10 of 19
Agreement No:WQSWC/\l’-I7l9—Pasco~00l20
Project Title.2017-2019 Biennial Stormwatcl Capacity Grants
Recipient Name:City of Pasta
remedies,including suspension and debannent.
8.RECIPIENT/CONTRACTORagrees to keep proofin its agreement ?le.that it.and all lower tier recipients or
contractors,are not suspended or debarred.and will make this proof available to ECOLOGY before requests for
reimbursementswill be approved for payment.RECIPIENT/CONTRACTOR must run a search in
<http://xvw\v.sain.gov>and print a copy ofcompleted searches to document proofofeompliance.
B.FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA)REPORTING
REQUIREMENTS:
CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Fonn (ECY 070-395)and return it
with the signed agreement to ECOLOGY.
Any CONTRACTOR/RECIPIENT that meets each ofthe criteria below must report compensation for its five
top executives using the FFATA Data Collection Form.
-Receives more than $25,000 in federal funds under this award.
-Receives more than 80 percent ofits annual gross revenues from federal funds.
-Receives more than $25.000.000 in annual federal funds.
Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Fonn.
Ecology is required to report the FFATA information for federally funded agreements,including the required
DUNS number,at wwwfsrsggox <lmp:.'/'\\\\\\.l‘sLs‘.«__-‘gy,/*3within 30 days of agreement signature.The FFATA
infomiation will be available to the public at Lnrggigsaspeiidinegggtghtg)jj?wgisggpendiiiggvy :.
For more details on FFATA requirements.see _g#\v_xLfsrs.vow ’—llll])Z//\\xx\\.fsrslgov/'>.
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State ofwashtngton Department of Ecology Page II of I9
Agreement No.WQSWCAI’-I7 I9-Pasco-()0 I20
Project Title:20]7~20I0 Biennial Stormvsaler Capacity Grants
Recipient Name.Cil)of Pasco
GENERAL TERMS AND CONDITIONS
Pertaining to Grant and Loan Agreements With the state of Washington,Department of Ecology
GENERAL TERMS AND CONDITIONS AS OF LAST UPDATED I/22/2018 VERSION
I.ADMINISTRATIVE REQUIREMENTS
a)RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans —EAGL
Edition."(https://fortresswa.gov/ecy/publications/SummaryPages/I70l004.html)
b)RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper
management ofall funds and resources made available under this Agreement.
c)RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement,including ensuring
all subgrantees and contractors comply with the terms and conditions of this Agreement.ECOLOGY reserves the right
to request proofof compliance by subgrantees and contractors.
d)REClPIENT's activities under this Agreement shall be subject to the review and approval by ECOLOGY for the
extent and character ofall work and services.
2.AMENDMENTS AND MODIFICATIONS
This Agreement may be altered,amended,or waived only by a written amendment executed by both parties.No
subsequent modi?cation(s)or amendment(s)of this Agreement will be of any force or effect unless in writing and
signed by authorized representatives of both parties.ECOLOGY and the RECIPIENT may change their respective staff
contacts and administrative information without the concurrence ofeither party.
3.ARCHAEOLOGICAL AND CULTURAL RESOURCES
RECIPIENT shall take reasonable action to avoid,minimize.or mitigate adverse effects to archeological and historic
resources.The RECIPIENT must agree to hold harmless the State of Washington in relation to any claim related to
historical or cultural artifacts discovered,disturbed,or damaged due to the RECIPlENT’s project funded under this
Agreement.
RECIPIENT shall:
a)Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their
project:
-For capital construction projects or land acquisitions for capital construction projects.ifrequired.comply with
Governor Executive Order 05-05,Archaeology and Cultural Resources.
-For projects with any federal involvement,if required,comply with the National Historic Preservation Act.
-Any cultural resources federal or state requirements must be completed prior to the start of any work on the project
site.
b)lfrequired by the ECOLOGY Program,submit an Inadvertent Discovery Plan (IDP)to ECOLOGY prior to
implementing any project that involves ground disturbing activities.ECOLOGY will provide the lDPfom1.
RECIPIENT shall:
-Keep the IDP at the project site.
-Make the [DP readily available to anyone working at the project site.
-Discuss the [DP with staffand contractors working at the project site.
-Implement the IDP when cultural resources or human remains are found at the project site.
c)Ifany archeological or historic resources are found while conducting work under this Agreement:
-Immediately stop work and notify the ECOLOGY Program.the Department ofArchaeology and Historic
Preservation at (360)586-3064.any affected Tribe,and the local government.
d)lfany human remains are found while conducting work under this Agreement:
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State ofwashington Departniertt of?eology Page I2 of I9
Agreement No:WQSWCAI’-I719-Pasco-00120
Project Title:2017-2019 Biennial Slormwater Capacity (irants
Recipient Name:City oI’Pasco
-Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Of?ce.and
then the ECOLOGY Program.
e)Comply with RCW 27.53.RCW 27.44.055.and RCW 68.50.6215.and all other applicable local.state.and federal
laws protecting cultural resources and human remains.
4.ASSIGNMENT
No right or claim ofthe RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT.
5.COMMUNICATION
RECIPIENT shall make every effort to maintain effective communications with the RECIPlENT's designees,
ECOLOGY,all affected local.state.or federal jurisdictions.and any interested individuals or groups.
6.COMPENSATION
a)Any work perfonned prior to effective date ofthis Agreement will be at the sole expense and risk of the
RECIPIENT.ECOLOGY must sign the Agreement before any payment requests can be submitted.
b)Payments will be made on a reimbursable basis for approved and completed work as speci?ed in this Agreement.
c)RECIPIENT is responsible to detennine ifcosts are eligible.Any questions regarding eligibility should be clari?ed
with ECOLOGY prior to incurring costs.Costs that are conditionally eligible require approval by ECOLOGY prior to
expenditure.
d)RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY.
e)ECOLOGY will not process payment requests without the proper reimbursement forms.Progress Report and
supporting documentation.ECOLOGY will provide instructions for submitting payment requests.
f)ECOLOGY will pay the RECIPIENT thirty (30)days after receipt ofa properly completed request for payment.
g)RECIPIENT will receive payment through Washington State Department of Enterprise Services‘Statewide Payee
Desk.RECIPIENT must register as a payee by submitting a Statewide Payee Registration fonn and an IRS W-9 form
at the website.http://www.des.wa.gov/services/ContractingPurchasing/Business/VendorPay/Pages/default.aspx.For
any questions about the vendor registration process contact the Statewide Payee Help Desk at (360)407-8180 or email
payeeheIpdesk@watech.wa.gov.
h)ECOLOGY may,at its sole discretion.withhold payments claimed by the RECIPIENT ifthe RECIPIENT fails to
satisfactorily comply with any tenn or condition of this Agreement.
i)Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein.or a portion
thereof.has been completed if.at ECOLOGY's sole discretion.such payment is reasonable and approved according to
this Agreement.as appropriate.or upon completion ofan audit as speci?ed herein.
j)RECIPIENT must submit within thirty (30)days after the expiration date ofthis Agreement,all financial.
performance.and other reports required by this agreement.Failure to comply may result in delayed reimbursement.
7.COMPLIANCE WITH ALL LAWS
RECIPIENT agrees to comply fully with all applicable federal.state and local laws.orders.regulations.and permits
related to this Agreement.including but not limited to:
a)RECIPIENT agrees to comply with all applicable laws.regulations.and policies ofthe United States and the State
of Washington which affect wages and job safety.
b)RECIPIENT agrees to be bound by all applicable federal and state laws.regulations.and policies against
discrimination.
c)RECIPIENT certi?es full compliance with all applicable state industrial insurance requirements.
cl)RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits
required by authorities havingjurisdiction over the project are obtained.RECIPIENT must include time in their project
timeline for the permit and approval processes.
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Stale ofwasliington Department ofliculogy Page I]of 19
Agreenient No WQSWCAP-I7I9-Pasco-(10120
Project Title:ZOI7-2019 Biennial Stomiwater Capacity Graiits
Recipient Name CH}of Pascn
ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the
RECIPIENT fails to comply with above requirements.
If any provision ofthis Agreement violates any statute or rule of law ofthe state of Washington,it is considered
modi?ed to conform to that statute or rule oflaw,
8.CONFLICT OF INTEREST
RECIPIENT and ECOLOGY agree that any officer,member,agent,or employee.who exercises any function or
responsibility in the review,approval,or carrying out ofthis Agreement.shall not have any personal or ?nancial
interest,direct or indirect.nor affect the interest ofany corporation,partnership,or association in which he/she is a part.
in this Agreement or the proceeds thereof.
9.CONTRACTING FOR GOODS AND SERVICES
RECIPIENT may contract to buy goods or services related to its performance under this Agreement.RECIPIENT shall
award all contracts for construction,purchase ofgoods,equipment,services,and professional architectural and
engineering services through a competitive process.ifrequired by State law.RECIPIENT is required to follow
procurement procedures that ensure legal.fair,and open competition.
RECIPIENT must have a standard procurement process or follow current state procurement procedures.RECIPIENT
may be required to provide written certi?cation that they have followed their standard procurement procedures and
applicable state law in awarding contracts under this Agreement.
ECOLOGY reserves the right to inspect and request copies ofall procurement documentation.and review procurement
practices related to this Agreement.Any costs incurred as a result of procurement practices not in compliance with
state procurement law or the REClPIENT's normal procedures may be disallowed at ECOLOGY’s sole discretion.
I0.DISPUTES
When there is a dispute with regard to the extent and character of the work,or any other matter related to this
Agreement the detennination of ECOLOGY will govern,although the RECIPIENT shall have the right to appeal
decisions as provided for below:
a)RECIPIENT noti?es the funding program of an appeal request.
b)Appeal request tnust be in writing and state the disputed issue(s).
c)RECIPIENT has the opportunity to be heard and offer evidence in support ofits appeal.
d)ECOLOGY reviews the RECIPIENT’s appeal.
e)ECOLOGY sends a written answer \vithin ten (I0)business days.unless more time is needed.after concluding the
review.
The decision of ECOLOGY from an appeal will be ?nal and conclusive,unless within thirty (30)days from the date of
such decision,the RECIPIENT furnishes to the Director of ECOLOGY a written appeal.The decision ofthe Director or
duly authorized representative will be ?nal and conclusive,
The parties agree that this dispute process will precede any action in ajudicial or quasi—judicialtribunal.
Appeals of the Director's decision will be brought in the Superior Court ofThurston County.Review ofthe Director’s
decision will not be taken to Environmental and Land Use Hearings Of?ce.
Pending ?nal decision ofa dispute,the RECIPIENT agrees to proceed diligently with the perfomiance of this
Agreement and in accordance with the decision rendered.
Nothing in this Agreement will be construed to limit the parties’choice of another mutually acceptable method.in
addition to the dispute resolution procedure outlined above.
I I.ENVIRONMENTAL DATA STANDARDS
a)RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP)for a project that collects or uses
environmental measurement data.RECIPIENTS unsure about whether a QAPP is required for their project shall contact
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Stale of Washington Department of Ecology Page 14 or 19
Agreement No’WQSWC/\P-I7 I9-Paseo-00120
Project Title:2017-20I9 Biennial Storniwater Capacity Grants
Recipient Name City ofPa.<co
the ECOLOGY Program issuing the grant or loan,Ifa QAPP is required.the RECIPIENT shall:
-Use ECOLOGY's QAPPTemplate/Checklist provided by the ECOLOGY.unless ECOLOGY Quality Assurance
(QA)of?cer or the Program QA coordinator instructs otherwise.
-Follow ECOLOGY‘s Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies.July
2004 (Ecology Publication No.04-03-030).
-Submit the QAPP to ECOLOGY for review and approval before the start of the work.
b)RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the
Environmental lnfomtation Management system (EIM).unless the ECOLOGY Program instructs otherwise.The
RECIPIENT must con?rm with ECOLOGY that complete and correct data was successfully loaded into EIM.?nd
instructionsat:http://www.eey.wa.gov/cim.
c)RECIPIENT shall follow ECOLOGY‘s data standards when Geographic Information System (GIS)data is collected
and processed.Guidelines for Creating and Accessing GIS Data are available at:
https://ecology.wa.gov/Research—Data/Data-resources/Geographic—lnformation—Systems-GIS/Standards.RECIPIENT.
when requested by ECOLOGY.shall provide copies to ECOLOGY of all ?nal GIS data layers,imagery.related tables.
raw data collection ?les,map products.and all metadata and project documentation.
I2.GOVERNING LAW
This Agreement will be governed by the laws ofthe State of Washington.and the venue ofany action brought
hereunder will be in the Superior Court of Thurston County.
I3.INDEMNIFICATION
ECOLOGY will in no way be held responsible for payment of salaries.consultant's fees,and other costs related to the
project described herein.except as provided in the Scope of Work.
To the extent that the Constitution and laws ofthe State of Washington permit.each party will indemnify and hold the
other hannless from and against any liability for any or all injuries to persons or property arising from the negligent act
or omission ofthat party or that party's agents or employees arising out ofthis Agreement.
I4.INDEPENDENT STATUS
The employees.volunteers.or agents ofeach party who are engaged in the performance ofthis Agreement will continue
to be employees.volunteers.or agents ofthat party and will not for any purpose be employees.volunteers.or agents of
the other party.
I5.KICKBACKS
RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement
to give up any part of the compensation to which he/she is otherwise entitled to or receive any fee,commission.or gift
in return for award of a subcontract hereunder.
I6.MINORITY AND WOMEN’S BUSINESS ENTERPRISES (MWBE)
RECIPIENT is encouraged to solicit and recruit.to the extent possible.certi?ed minority—owned(MBE)and
women—owned(WBE)businesses in purchases and contracts initiated under this Agreement.
Contract awards or rejections cannot be made based on MWBE participation;however,the RECIPIENT is encouraged
to take the following actions.when possible,in any procurement under this Agreement:
a)Include quali?ed minority and women's businesses on solicitation lists whenever they are potential sources of goods
or services.
b)Divide the total requirements.when economically feasible.into smaller tasks or quantities.to permit maximum
participation by quali?ed minority and women's businesses.
c)Establish delivery schedules.where work requirements permit.which will encourage participation ofquali?ed
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State of Washington Department ot'l3colugy Page I5 of I9
Agreement No:WOSWCAP-I7I9-Paxco-00]20
Project Title:2()I 7-2019 Biennial Stonmtatcr Capacity Grants
Recipient Name.City of Pasco
minority and women's businesses.
d)Use the services and assistance of the Washington State Office ofMinority and Women's Business Enterprises
(OMWBE)(866-208-1064)and the Office ofMinority Business Enterprises of the U.S.Department ofCommerce.as
appropriate.
I7.ORDER OF PRECEDENCE
In the event ofinconsistency in this Agreement,unless otherwise provided herein,the inconsistencyshall be resolved
by giving precedence in the following order:(a)applicable federal and state statutes and regulations;(b)The
Agreement;(c)Scope of Work;(d)Special Tenns and Conditions;(e)Any provisions or terms incorporated herein by
reference,including the "Administrative Requirements for Recipients of Ecology Grants and Loans":and (I)the
General Terms and Conditions.
18.PRESENTATION AND PROMOTIONAL MATERIALS
ECOLOGY reserves the right to approve REClPIENT‘s communication documents and materials related to the
ful?llment ofthis Agreement:
a)lfrequested.RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10)business days
prior to production and distribution.
b)RECIPIENT shall include time for ECOLOGY"s review and approval process in their project timeline.
c)Ifrequested,RECIPIENT shall provide ECOLOGY two (2)?nal copies and an electronic copy ofany tangible
products developed.
Copies include any printed materials.and all tangible products developed such as brochures.manuals,pamphlets,
videos,audio tapes,CD5,curriculum,posters,media announcements,or gadgets with a message,such as a refrigerator
magnet.and any online communications,such as web pages,blogs,and twitter campaigns.If it is not practical to
provide a copy,then the RECIPIENT shall provide a description (photographs,drawings,printouts,etc.)that best
represents the item.
Any communications intended for public distribution that uses ECOLOGY’s logo shall comply with ECOLOGY’s
graphic requirements and any additional requirements speci?ed in this Agreement.Before the use of ECOLOGY’s
logo contact ECOLOGY for guidelines.
RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY.
19.PROGRESS REPORTING
a)RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress
reports to ECOLOGY.ECOLOGY reserves the right to amend or terminate this Agreement ifthe RECIPIENT does
not document timely use offunds.
b)RECIPIENT must submit a progress report with each payment request.Payment requests will not be processed
without a progress report.ECOLOGY will define the elements and frequency of progress reports.
c)RECIPIENT shall use ECOLOGY’s provided progress report format.
d)Quarterly progress reports will cover the periods from January I through March 31,April I through June 30.July I
through September 30,and October I through December 31.Reports shall be submitted within thirty (30)days after
the end ofthe quarter being reported.
e)RECIPIENT must submit within thirty (30)days ofthe expiration date ofthe project.unless an extension has been
approved by ECOLOGY,all financial,performance,and other reports required by the agreement and funding program
guidelines.RECIPIENT shall use the ECOLOGY provided closeout report format.
20.PROPERTY RIGHTS
a)Copyrights and Patents.When the RECIPIENT creates any eopyrightable materials or invents any patentable
property under this Agreement,the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free.
nonexclusive.and irrevocable license to reproduce,publish,recover,or otherwise use the material(s)or property,and to
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State ofwashington Depannient of?cology Page lb of I9
Agreement No WQSWCAP-I7I9-l’asco-00120
Project Title’20]7»ZOl9 Biennial Stonuwaler Capacity Grants
Recipient Name City of Pasco
authorize others to use the same for federal.state.or local government purposes.
b)Publications.When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY
information;present papers.lectures.or seminars involving information supplied by ECOLOGY;or use logos.reports.
maps.or other data in printed reports.signs,brochures,pamphlets.etc..appropriate credit shall be given to ECOLOGY.
c)Presentation and Promotional Materials.ECOLOGY shall have the right to use or reproduce any printed or graphic
materials produced in ful?llment ofthis Agreement.in any manner ECOLOGY deems appropriate.ECOLOGY shall
acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction ofthe materials.
d)Tangible Property Rights.ECOLOGY‘s current edition of "Administrative Requirements for Recipients of Ecology
Grants and Loans,"shall control the use and disposition ofall real and personal property purchased wholly or in part
with funds furnished by ECOLOGY in the absence ofstate and federal statutes.regulations.or policies to the contrary,
or upon speci?c instructions with respect thereto in this Agreement.
e)Personal Property Furnished by ECOLOGY.When ECOLOGY provides personal property directly to the
RECIPIENT for use in perfomtance of the project.it shall be returned to ECOLOGY prior to ?nal payment by
ECOLOGY.lfsaid property is lost.stolen.or damaged while in the REClPIENT‘s possession.then ECOLOGY shall
be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property.
I’)Acquisition Projects.The following provisions shall apply ifthe project covered by this Agreement includes funds
for the acquisition ofland or facilities:
I.RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement offunds provided for in
this Agreement.
2.RECIPIENT shall provide satisfactory evidence oftitle or ability to acquire title for each parcel prior to
disbursement of funds provided by this Agreement.Such evidence may include title insurance policies.Torrens
certi?cates.or abstracts.and attorney's opinions establishing that the land is free from any impediment,lien,or claim
which would impair the uses intended by this Agreement.
g)Conversions.Regardless ofthe Agreement expiration date.the RECIPIENT shall not at any time convert any
equipment,property,or facility acquired or developed under this Agreement to uses other than those for which
assistance was originally approved without prior written approval of ECOLOGY.Such approval may be conditioned
upon payment to ECOLOGY of that portion ofthe proceeds ofthe sale.lease.or other conversion or encumbrance
which monies granted pursuant to this Agreement bear to the total acquisition.purchase.or construction costs ofsuch
property.
2].RECORDS.AUDITS.AND INSPECTIONS
RECIPIENT shall maintain complete program and ?nancial records relating to this Agreement.including any
engineering documentation and ?eld inspection reports of all construction work accomplished.
All records shall:
a)Be kept in a manner which provides an audit trail for all expenditures.
b)Be kept in a common ?le to facilitate audits and inspections.
c)Clearly indicate total receipts and expenditures related to this Agreement.
cl)Be open for audit or inspection by ECOLOGY.or by any duly authorized audit representative ofthe State of
Washington,for a period of at least three (3)years after the ?nal grant payment or loan repayment.or any dispute
resolution hereunder.
RECIPIENT shall provide clari?cation and make necessary adjustments ifany audits or inspections identify
discrepancies in the records.
ECOLOGY reserves the right to audit,or have a designated third party audit.applicable records to ensure that the state
has been properly invoiced.Any remedies and penalties allowed by law to recover monies determined owed will be
enforced.Repetitive instances ofincorrect invoicing or inadequate records may be considered cause for termination.
All work performed under this Agreement and any property and equipment purchased shall be made available to
ECOLOGY and to any authorized state,federal or local representative for inspection at any time during the course of
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Stare ofwashington Department of Ecology Page I7 of 19
Agreement No:W()SW(,‘AP-I 7 I9-Pasuo-00l 21)
Project Title.2017-20]‘)Biennial Stormwater Capacity Grants
Recipient Name:City ofI’asco
this Agreement and for at least three (3)years following grant or loan tennination or dispute resolution hereunder.
RECIPIENT shall provide right of access to ECOLOGY,or any other authorized representative,at all reasonable times.
in order to monitor and evaluate performance,compliance,and any other conditions under this Agreement.
22.RECOVERY OF FUNDS
The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory
performance of this Agreement and completion ofthe work described in the Scope of Work.
All payments to the RECIPIENT are subject to approval and audit by ECOLOGY.and any unauthorized expenditure(s)
or unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT.
RECIPIENT shall refund to ECOLOGY the full amount ofany erroneous payment or overpayment under this
Agreement.
RECIPIENT shall refund by check payable to ECOLOGY the amount ofany such reduction of payments or repayments
within thirty (30)days ofa written notice.Interest will accrue at the rate of twelve percent (l2%)per year from the
time ECOLOGY demands repayment of funds.
Any property acquired under this Agreement,at the option ofECOLOGY,may become ECOLOGY's property and the
RECIPlENT's liability to repay monies will be reduced by an amount reflecting the fair value ofsuch property.
23.SEVERABILITY
lfany provision of this Agreement or any provision of any document incorporated by reference shall be held invalid.
such invalidity shall not affect the other provisions ofthis Agreement which can be given effect without the invalid
provision,and to this end the provisions ofthis Agreement are declared to be severable.
24.STATE ENVIRONMENTAL POLICY ACT (SEPA)
RECIPIENT must demonstrate to ECOLOGY's satisfaction that compliance with the requirements of the State
Environmental Policy Act (Chapter 43.2lC RCW and Chapter I97—Il WAC)have been or will be met.Any
reimbursements are subject to this provision.
25.SUSPENSION
When in the best interest of ECOLOGY.ECOLOGY may at any time.and without cause.suspend this Agreement or
any portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT.RECIPIENT shall
resume perfonnance on the next business day following the suspension period unless another day is specified by
ECOLOGY.
Z6.SUSTAINABLE PRACTICES
In order to sustain WasI1ington’s natural resources and ecosystems.the RECIPIENT is fully encouraged to implement
sustainable practices and to purchase environmentally preferable products under this Agreement.
a)Sustainable practices may include such activities as:use ofclean energy,use ofdouble-sided printing,hosting low
impact meetings,and setting up recycling and composting programs.
b)Purchasing may include such items as:sustainably produced products and services.EPEAT registered computers
and imaging equipment,independently certified green cleaning products.remanufactured toner cartridges,products
with reduced packaging,office products that are re?llable,rechargeable,and recyclable,and 100%post-consumer
recycled paper.‘
For more suggestions visit ECOLOGY"s web page:Green Purchasing..
https://ecology.wa.gov/Regulations-Pennits/Guidance-technical-assistance/Sustainable—purchasing.
27.TERMINATION
a)For Cause
ECOLOGY may terminate for cause this Agreement with a seven (7)calendar days prior written noti?cation to the
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State of Washington Department of Ecology Page IE oI'I9
Agreement No.WQSWC/\P-I7 I9-Pasco-00120
PYOJCCITitle:20l 7-2019 Biennial Stonnwaler Capacity Grants
Recipient Name:(‘ily nfPascn
RECIPIENT,at the sole discretion of ECOLOGY.for failing to perform an Agreement requirement or for a material
breach of any term or condition.Ifthis Agreement is so terminated.the parties shall be liable only for performance
rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination.
Failure to Commence Work.ECOLOGY reserves the right to tenninate this Agreement if RECIPIENT fails to
commence work on the project funded within four (4)months a?er the effective date ofthis Agreement.or by any date
mutually agreed upon in writing for commencement of work.or the time period de?ned within the Scope of Work.
Non-Performance.The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the
RECIPIENT ofall ofits obligations under this Agreement.In the event the RECIPIENT unjustifiably fails.in the
opinion of ECOLOGY,to perform any obligation required ofit by this Agreement.ECOLOGY may refuse to pay any
further funds.terminate in whole or in part this Agreement.and exercise any other rights under this Agreement.
Despite the above.the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by
ECOLOGY and the State of Washington because ofany breach ofthis Agreement by the RECIPIENT.ECOLOGY
may withhold payments for the purpose ofsetoff until such time as the exact amount ofdamages due ECOLOGY from
the RECIPIENT‘is determined.
b)For Convenience
ECOLOGY may terminate for convenience this Agreement.in whole or in part.for any reason when it is the best
interest of ECOLOGY.with a thirty (30)calendar days prior written noti?cation to the RECIPIENT.except as noted
below.Ifthis Agreement is so temiinated.the parties shall be liable only for performance rendered or costs incurred in
accordance with the terms ofthis Agreement prior to the effective date of tennination.
Non~AIIocation of Funds.ECOLOGY‘s ability to make payments is contingent on availability offunding.In the event
funding from state,federal or other sources is withdrawn,reduced.or limited in any way after the effective date and
prior to the completion or expiration date ofthis Agreement,ECOLOGY.at its sole discretion.may elect to tenninate
the Agreement.in whole or part,or renegotiate the Agreement.subject to new funding limitations or conditions.
ECOLOGY may also elect to suspend perfonnance of the Agreement until ECOLOGY determines the funding
insufficiency is resolved.ECOLOGY may exercise any of these options with no noti?cation or restrictions,although
ECOLOGY will make a reasonable attempt to provide notice.
In the event oftermination or suspension.ECOLOGY will reimburse eligible costs incurred by the recipient/contractor
through the effective date of termination or suspension.Reimbursed costs must be agreed to by ECOLOGY and thc
recipient/contractor.In no event shall ECOl.OGY’s reimbursement exceed ECOLOGY‘s total responsibility under the
agreement and any amendments.
Ifpayments have been discontinued by ECOLOGY due to unavailable funds.the RECIPIENT shall not be obligated to
repay monies which had been paid to the RECIPIENT‘prior to such tennination.
REClPIENT‘s obligation to continue or complete the work described in this Agreement shall be contingent upon
availability of funds by the RECIPIENT‘s governing body.
c)By Mutual Agreement
ECOLOGY and the RECIPIENT may terminate this Agreement.in whole or in part.at any time,by mutual written
agreement.
d)In Event ofTermination
All finished or un?nished documents.data studies,surveys.drawings.maps.models.photographs.reports or other
materials prepared by the RECIPIENT under this Agreement.at the option of ECOLOGY.will become property of
ECOLOGY and the RECIPIENT shall be entitled to receivejust and equitable compensation for any satisfactory work
Version I0/30/ZOI5
Page 49 of 204
State ul Washington Department oli?culogy Page l9 of 19
Agreclnent No WQSWCAP-I719-Pascn-00120
PYOJCCITitle‘20l7-20!‘)Biennial Stornmalcr Capacity Grants
Rcclpltlll Name City ul'|’a.~;co
completed on such documents and other materials.
Nothing contained herein shall preclude ECOLOGY from demanding repayment ofall funds paid to the RECIPIENT in
accordance with Recovery of Funds,identi?ed herein.
28.THIRD PARTY BENEFICIARY
REClPlEN'l'shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement.the state
of Washington is named as an express third party bene?ciary of such subcontracts with full rights as such.
29.WAIVER
Waiver ofa default or breach ofany provision of this Agreement is not a waiver of any subsequent default or breach,
and will not be construed as a modi?cation ofthe tenns ofthis Agreement unless stated as such in writing by the
authorized representative of ECOLOGY.
Version 10/30/2015
Page 50 of 204
Page 51 of 204
AGENDA REPORT
FOR: City Council August 15, 2018
TO: City Council Regular Meeting: 8/20/18
FROM: Stan Strebel, Deputy City Manager
Executive
SUBJECT: Appointment to Regional Hotel/Motel Commission
I. REFERENCE(S):
Appointment to Regional Hotel/Motel Commission - Tri-Cities Hotel and Lodging
Association Letter dated 7/23/18
Appointment to Regional Hotel/Motel Commission - Section 5, Interlocal Agreement
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to reappoint Vijay Patel (Holiday Inn Express) to a two-year term
on the Tri-Cities Regional Hotel/Motel Commission; term to expire 8/31/20.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
Pasco, along with the cities of Kennewick and Richland, entered into an interlocal
agreement in June 2004 to create a regional "Tourism Promotion Area" (TPA). The
TPA is an organization formed as authorized by state law to levy special assessments
for the use of lodging facilities with the respective area. In the case of the Tri-Cities,
all hotels/motels within the boundaries of the three cities are required to collect from
users of their facilities the fee of $2.00 for each room night used. That fee is remitted
by each of the hotels/motels to the state; the state, in return, distributes the funding
back to the respective cities within which it was collected (much like the long-standing
2% hotel/motel tax) and the cities distribute it to the TPA for expenditure in
accordance with the business plan and budget established by the Regional Hotel/Motel
Commission.
The Regional Hotel/Motel Commission is established under Section 5 of the Interlocal
Agreement. The Commission is established under Section 5 of the Interlocal
Page 52 of 204
Agreement. The Commission consists of six voting members; two appointed by each
of the three cities from nominees offered by the Tri-City Hotel Lodging Association.
Any vacancy is to be filled by the respective city from a list of nominees o ffered by the
Association.
The Tri-Cities Hotel Lodging Association recommends, as evidenced by the July 23
letter, that Vijay Patel (manager of the Holiday Inn Express) be reappointed.
V. DISCUSSION:
Mayor Watkins recommends that City Council appoint Mr. Patel as recommended by
the Tri-Cities Hotel Lodging Association, without an interview.
Page 53 of 204
Page 54 of 204
Tourism Promotion Area
5. Creation of Tri-City Regional Hotel-Motel Commission.
A. It is understood and agreed that it is hereby created, pursuant to RCW 35.101.130
( 1 ), the Tri-City Regional Hotel and Motel Commission ("Commission") to advise the Cities on
the expenditure of Special Lodging Assessment revenues to fund tourism promotion within the
Tri-City region.
B. The Commission shall consist of six (6) voting Members and three (3) ex officio
Members. Two voting members shall be selected by the Kennewick City Council from a list of
nominees prepared by the Tri-City Hotel and Lodging Association from Operators of Lodging
Businesses within the city limits of the City of Kennewick. Two (2) voting members shall be
selected by the Pasco City Council from a list of nominees prepared by the Tri-City Hotel and
Lodging Association from Operators of Lodging Businesses within the city limits of the City of
Pasco. Two voting members shall be selected by the Richland City Council from a list of
nominees prepared by the Tri-City Hotel and Lodging Association from Operators of Lodging
Businesses within the city limits ofthe City of Richland. In no event shall tifty percent (SO%) or
more of the voting membership of the Commission be selected from the same Lodging
Ownership or Management Company within the Tri-City Regional Area. The City Manager or
his or her Designee from each of the three Cities shall serve as an ex officio member. All
Commission members, voting and ex officio may participate in all discussions regarding
proposed activities and programs by the Tri-City Regional Tourism Promotion Area for
promotion and marketing of tourism. Ex officio members shall not have voting rights , except in
the event of a tie vote among the voting members at which time, each ex officio member may
cast a vote to break the tie. Any vacancy on the Tri-City Regional Hotel and Motel Commission
shall be filled by the appointing City, from a list of nominees prepared by the Tri -City Hotel and
Lodging Association for voting memberships within thirty (30) days from the date the vacancy
occurs.
C. It is understood and agreed that the initial voting members of the Commission
shall serve staggered terms, with one member serving a one-year term and the second member
serving a two-year term. The length of the term for each individual voting member of the initial
Commission shall be chosen by lot at the first meeting of the Commission. Thereafter, all voting
members subsequently appointed to the Commission shall serve a term of two years. No voting
member shall serve more than two consecutive terms as a Member of the Commission unless
such subsequent term is separated by at least twelve (12) months from the last date of service as
a Member of the Commission. A Member may be removed from the Commission by three-
fourths (3 /4) affirmative vote of the Commission for actions deemed to be adverse to the interest
of the Commission. Such actions may include unexcused absences from three meetings of the
Commission within a twelve (12) month period; failure to perform assigned duties and
responsibilities; and conduct detrimental to the best interests of the Commission. Succeeding
and replacement voting members shall be selected by each City as provided above for the
selection of the initial voting members ofthe Commission.
Page 55 of 204
AGENDA REPORT
FOR: City Council August 16, 2018
TO: Dave Zabell, City Manager
Rick White, Director
Community & Economic Development
Regular Meeting: 8/20/18
FROM: Darcy Bourcier, Planner I
Community & Economic Development
SUBJECT: Special Permit Appeal: Mor-Stor Mini Storage Expansion in a C-1 Zone (MF#
APPL 2018-002)
I. REFERENCE(S):
Overview Map
Special Permit Application
Mor-Stor Mini Storage Appeal
Halverson Northwest Law Group Letter to Council
Reports to Planning Commission
Transcript of Planning Commission Hearing Dated: 5/17/18
Link: http://psctv.viebit.com/player.php?hash=dCi8LgSaQoHB
Transcript of Planning Commission Deliberations Dated: 6/21/18
Link: https://psctv.viebit.com/player.php?hash=TG6J2DoDVlNc
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
CONDUCT CLOSED RECORD HEARING
MOTION: I move the City Council remand the Special Permit to the Planning
Commission at its September 20, 2018 meeting to reopen the hearing for the condition
related to right-of-way dedication.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
On May 17, 2018 the Planning Commission held a public hearing to consider an
application for the expansion of the Mor-Stor mini storage facility to be located at the
southwest corner of Road 68 and Court Street. After deliberations at the June 21, 2018
meeting, the Planning Commission recommended the special permit be approved with
the conditions listed in the Staff Report.
Page 56 of 204
The applicant appealed the Planning Commission recommendation to approve the
special permit with the conditions listed, and the Council scheduled a Closed Record
Hearing to consider the appeal on the August 20, 2018 meeting.
V. DISCUSSION:
Consideration of an appeal occurs in the form of a “Closed Record Hearing” consisting
of a review of the written record of the special permit application including the
Planning Commission’s deliberation.
When considering this appeal, the City Council has the option of accepting the
Planning Commission’s recommendation, denying the application, approving the
application, approving the application with conditions or remanding the matter back to
the Planning Commission for further review on a specific issue.
The City does not agree with many of the statements and conclusions of Mr. Fickes
contained in the applicant's appeal letter. In order to ensure that all interests are
appropriately considered, City staff is recommending that conditions related to the
right or way be remanded to the Planning Commission for further consideration at the
Planning Commission's September 20, 2018 meeting.
Between now and the September 20, 2018 Planning Commission meeting, negotiations
will continue with the applicant in working towards a resolution of the issue.
Page 57 of 204
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS,AeroGRID, IGN, and the GIS User Community
OverviewMap Special Permit: Mini-Storage ExpansionApplicant: Melina PuckettFile #: SP2018-005 ±
SITE
0 300 600 900 1,200150Feet
W Court St
Road 64Road 68Road 72Road 76CITY L IMITS
Page 58 of 204
Jim FEE:$500.00 +$50.00 (Public Notice Fee)+$75 (SEPA)=$625ill.
piafé 30
..mmllll|il{Williiillm.:
CITY or PASCO
APPLICATION FOR SPECIAL PERMIT
(FOR OFFICIAL USE ONLY)FILE NO:59 9»@\Q,»OOC DATE:H /3/pg
The undersigned hereby apply for a special permit:
Applicant:Melina Puckett (Successor Trustee)
Applicant’s Address:1420 Road 68,Pasco WA 99301
Applicant’s Phone Numbers:509-528-2444
(home/work,cellular,fax)
App1icant’s E-mail address:RobPukett4@Gmail.co1n
Property Owners Name (if different than Applicant):mg?‘Q “Q/Ulbr
*Must have Property Owner’s notarized signature on page 3
General location of property (street address or other description):
Southwest corner of the intersect of W.Court Street and Road 68 in Pasco WA.
Legal description of property (attach separate sheet if necessary):
Short Plat 93-08 Lots 2 81,3,Map Number 092928-11-SH9308—O0O-030
Franklin county tax parcels ll970l42l &119701412
THE FOLLOWING INFORMATION IS REQUIRED TO PROVIDE THE
PLANNING COMMISSION WITH A COMPLETE APPLICATION TO REVIEW:
1.Present use of the land and structure(s)if any:
The land is currently vacant except for a 3000 sf area that is fenced and
leased for a cell tower.The two parcels are adjacent to an existing mini storage
facility owned by the applicant.
2.If vacant,check here:X
3.Please describe any existing violations of any portion of the zoning
ordinance upon the property:
None
Updated 7.18.2017 1
Page 59 of 204
FEE:$500.00 +$50.00 (Public Notice Fee)+$75 (SEPA)=$625
4.Give a detailed cescription of the proposed use that requires a special
permit {attach se oarate sheet if mpre soace is necessarvl:
A previously granted special use permit (3350)has expired for the
property.This application is to request the same use,an expansion of
the existing mini storage facility in a C-1 Zone.There are 8 buildings
totaling approximately 42,000 sf of additional storage units.
5.A site map]plan,drawn neatly and to scale,showing the following:
(a)Exterior property lines and any adjacent public street or alley rights-
of—way;
(b)Existing and proposed buildings and other structures;
(c)Existing and proposed points of ingress and egress,drives,driveways,
and circulation pattern;
(d)The location of existing and proposed parking areas with each parking
space shown;
(e)Existing and proposed open spaces and landscape areas.
NOTE:Provide a variance report giving a list and mailing address of owners of
all property within 300 feet of the applicant’s property,as shown by a local title
company E payment of $8§?O3fwhich shall be utilized by the City to obtain a
current list of property owners of all properties within 300 feet of the
applicant’s property.
Fee for Special Permit —$500.00
Environmental Checklist -$75.00
Radius Noti?cation -$50.00
(or provide Variance report in lieu of $50.00)$625.00
Updated 7.18.2017 2
Page 60 of 204
FEE:$500.00 +$50.00 (Public Notice Fee)+$75 (SEPA)=$625
$97/\r<4t//?“/\»«"\‘TE_E
Signh_t_u>reofApplicant
JCQVVK/—_Y‘TEE
*No zed Signature of Property Owner
State of Washington )
ss.
County of Franklin )
On this Q39 day of $4,yxgzé,M,before me the undersigned,a Notary
Public in and for the State of Washington,duly commissioned an sworn,
personally appeared r31,ay/3 /44£g_g¢_»-gr being duly sworn on
his /her oath that he /she has prepared and read the foregoing statements and
has acknowledged to me that the recitations contained therein are true,and
has signed this instrument as his/her free and voluntary act and deed for the
purposes therein mentioned.
“"’7l.,y/Z»$“\\‘a$“g2";:'2_f"9'IMa?gjrf '
$:‘€$_’,.c:5‘;;.]"£'.‘-r._:’-’4:¢'
«and for the Stat;of Washington
H O
'>
Updated 7.18.2017 3
Page 61 of 204
HALVERSONNORTHWEST rm?irsssrfi
J.Jay Carroll
Paul C.Dempsey“
James S.Elliott
Yuridla Equihua
Robert N.Faber
F.Joe Falk,Jr,+
June 28,2018 MarkE.Flckes
Carter L.F'eld
_
I
Brett N.Goodma
nviae-mall -bourc/erd@pasco-wagov Fredfrlckw.Hzlv?e/|
rs:>"rw+
awrence .a n*
Terry C.Schma|z+
Ll d A.8 ll.Mtlie.F.Shin’:DGTCYBourcler Juliana M.Van Wingerden
P|anner 1 Stephen R.Winfree+
Community &Economic Development Department wsooasarvemoer
“A/so State Bar of CAMember525N.3l”dAve.+o:
+c,gu;7se<
aCr
errPasco,WA 99301
RE:Our Client:Mor-Stor Mini Storage
Matter:Letter in Support of Appeal (Appeal No.APPL2018-002)
Master File No.:SP2018—0O5
Dear Ms.Bourcier:
Our office represents the owner and operator of the Mor-Stor Mini Storage facility in
Pasco,Washington who timely filed an appeal of a June 21,2018 Report adopted by the
Planning Commission (the Decision),on June 28,2018.Please consider this letter as
the narrative in support of the appeal.Our understanding is the City of Pasco does not
have its own appeal forms available for the owner and operator at the time the appeal
was filed.
The basis for Mor—Stor’sappeal in accordance with PMC 25.86080 of the June 21,2018
Decision includes the following:
1.The Decision was procedurally improper in violation of the Pasco Municipal
Code Chapter 25.86 et.seq.and Washington law because the record on the permit
already was closed,and the Planning Commission already had made a Recommendation
and Decision on May 17,2018,which was not appealed;
2.The new Decision made without notice or input from Mor-Stor,contains
Findings and Conclusions which are not supported by substantial evidence on the record
and/orwhich violate Washington law,including Approval Conditions 8,10,12,13 and 16,
and the Planning Commission cannot change or impose new conditions from its original
decision on May 17,2018;
3.New Approval Condition number 16 is ambiguous,illegal and is not directly
caused by the impacts of the applicant’s development,andit is not proportional to the
traffic impacts of the development;
ha1versonNW.com
HALVERSON I NORTHWEST LAW GROUP P.C.
Yakima Office:405 E.LincoI11Avenue |PO Box 22550 |Yakima,WA 98907 |p)509.248.6030|f)5o9_453,688o
Sunnyside Of?ce:910 Frank1i11Avenue,Suite1 |PO Box 210 I Su11nyside,WA98944 I p)509.837.5302|f)509.837.2465
Page 62 of 204
Darcy Bourcier
June 28,2018
Page 2
4.The Decision is based upon comments or input submitted after the record
was closed;and
6.Additional conditions and input from the City’s Traffic Department are not
part of the record and cannot be considered by the decision maker because the City or
its Traffic Department failed to appeal the initial Planning Commission Findings adopted
and approved on May 17,2018.
Mor-Stor and the Appellant reserves the right to supplement the reasons for its appeal as
set forth above upon obtaining the complete record from Master File No.SPZO18-005.
Please confirm receipt of this letter and perfection of the appeal consistent with PMC
25.86.080.Pursuant to discussions with the City Attorney,Mr.Leland Kerr,our office and
the applicant request that a closed record appeal be scheduled before the Pasco City
Council at a future date upon proper notice.Any action currently scheduled for the City
Council meeting on July 2,2018 on SP2018—O05should be postponed and stricken,
pending resolution of the pending appeal.
Very truly yours,
est L w Group P.C.
Mark E.Fickes
MEF/jk
cc:Leland Kerr —via e—mai|(lkerr kerrlaw rou .net)
Rick White —via e-mail (whiter asco-wa.ov)
Rob Puckett -via email
Page 63 of 204
Alan D.CampbelI++
HAl_\/ERSON NORTHW
J.Jay CarrollGUPPaulC.Dempsey“
James S.Elliott
Yuridia Equihua
Robert N.Faber
F.Joe Falk.Jr.-l-
July 27,2018 Marl<E.Flckes
Carter L.Fleld
Brett N.Goodman
FrederickN.Ha|verson+
Lawrence E.Martin‘
Terry C.Schmelz+
LindaA.Sellers
Pasco Council
Juliana MM\i/:na
\CIe\;:Ig::il::c/o Community &Economic Development Department StephenR.Winfree+
Attn:Darcy Bourcier and Rick White ,A,soORBa,Member
525 N_3rd AVe_"A/so stareBaror+c6
\fPasco,WA 99301 ++Rev'red
RE:Our Client:Mor—StorMini Storage
Matter:Memorandum in Support of Appeal (Appeal No.APPL2018—0O2)
Master File No.:SP2018—OO5
Dear Council Members:
Our office represents the owner and operators of the Mor—StorMiniStorage facility in Pasco,
Washington that has appealed a June 21,2018 Report prepared by your Planning
Department and adopted by the Planning Commission (the “Decision”).The Decision
conditionally approved a Special Use Permit for the expansion of an existing mini storage
facility at the intersection of Court Street and Road 68.As will be outlined below,the applicant
believes the procedure that resulted in the Decision was improper,and that one or more of
the new conditions imposed are illegal including new Approval Condition 16,which requires
the applicant to give (dedicate)a portion of its valuable commercial property for future
intersection improvements the need for which its project did not cause.This condition is
illegal under clear a line of state and federal case law which will be summarized below.
Under the relevant provisions of the Pasco Municipal Code (following a timely appeal of the
Planning Commission recommendation as Mor—Storhas done),the City Council at a closed
record hearing must decide whetherthe Planning Commission Decision was proper and may
approve the permit with or without conditions.PMC 25.86.090.Mor—Storrequests that the
City Council approve the permit,but only with conditions supported by substantial evidence
on the record and in line with the law,which would not include an open—ended condition to
remove improvements,enter into development agreement and give the City property anytime
it wants in the future to remedy what Planning Staff has admitted is an existing deficient
condition not caused by the traffic from the mini storage expansion.
Factual Background
The original open record hearing before the Planning Commission was held on May 17,2018.
Prior to the hearing,the senior planner in the Community &Economic Development
Department,Rick White,prepared a Report which included application background and 12
halversonNW.com
HALVERSON I NORTHWEST LAW GROUP P.C.
Yakima Office:405 E.Lincoln Avenue I PO Box 22550 I Yakima,WA 98907 I p)509.248.6030If)509.453.6880
Sunnyside O?ice:910 Franklin Avenue,Suiter I PO Box 210 I Sunnyside,WA 98944 I p)509.837.5302If)509.837.2465 Page 64 of 204
Pasco City Council
c/o Community &Economic Development Department
Attn:Darcy Bourcier and Rick White
July 27,2018
Page 2
recommended Approval Conditions,which did not include a condition to dedicate land for
future City intersection improvements.Other than the Planning Commission members,the
only persons present who spoke at the hearing were Planning Director,Rick White and
applicant representative,Rob Puckett.There was no opposition to the Special Use Permit to
expand the existing mini storage facility which is a much less intensive use in terms of traffic
than other allowed uses in the C-1 zone.Following testimony from the applicant and
comments from Planning Staff,the legal record was closed (which means no new evidence
or information could be submitted to or considered by the decision maker)and the Planning
Commission continued the matter until its next meeting to formally adopt the written
conditions of approval.After the close of the hearing,the applicant was told by Planning
Commission and Staff that they didn’t see any problems with the tentative Approval
Conditions.
Mor-Stor expected to receive confirmation on or about June 21,2018 that the Planning
Commission had adopted the tentative Approval Conditions submitted at the original open
record hearing.However,it was surprised to receive via e-mail from the Planning Department
on June 22,new Conditions of Approval dated June 21,2018.The new Conditions of
Approval were prepared by Planning Staff with additional input from the City Traffic
Department that was not part of the original record in violation of applicable law.New
Approval Conditions 8,10,12,13 and 16 were added without comment or input from the
applicant andwithout any evidence in the open record to support them.These new
recommended Approval Conditions include Condition 16 which purports to require the
applicant to give up land to the City for future unspecified intersection improvements.
After the appeal and through communications with Planning Staff,the applicant has learned
that the City wants to redesign the intersection of Court Street and Road 68 with a roundabout,
not because of additional traffic from the expanded mini-storage development (there were no
comments from the City Traffic Department or any traffic studies presented at the open record
hearing),but to remedy an existing deficient condition caused by traffic and accidents that
pre-dated the application.This condition would clearly be illegal under Washington and
federal law and could subject the City of Pasco to damage claim if it is not removed.
Legal Analysis
A.The New Conditions (Written by Planning Staff)in the Planning Commission
Decision Were Based on New Evidence That Was Not Part of the Record and Should
Be Removed.
While the original Approval Conditions of the Planning Commission were not formally adopted
at the initial open record hearing on May 17,2018,they were based on the record submitted
and were acceptable to the applicant.No written submittals or additional comments from the
City Traffic Department were presented relating to the impact of the mini—storage expansion
on the intersection of Court Street and Road 68.Planning Staff admitted to the applicant that
it received additional input from the City Traffic Department after the record was closed
requesting additional conditions,including the one requiring future dedication of land for as
Page 65 of 204
Pasco City Council
c/o Community &Economic Development Department
Attn:Darcy Bourcier and Rick White
July 27,2018
Page 3
yet an unidentified intersection improvement project.The applicant was unaware of the
additional communications and was not provided any opportunity to comment or rebut the
information provided.These additional communications between Planning Staff and the
decision maker after the record was closed violate the Pasco Municipal Code and Washington
law that allows only one open record hearing on quasi—judicialland use matters,and which
prohibits the consideration of additional information submitted after the record was closed.
See,e.g.PMC 25.86.05O and RCW 36.7OB.110
Because the new conditions were based on new evidence improperly presented after the
record was closed,they should be stricken and should not be included as approval conditions
of the applicant’s Special Use Permit.
B.The City Cannot Require Conditions,Especially Those Requiring it to Give Up
Valuable Land,Which Are Not Reasonably Necessary as a Direct Result of the
Proposed Mini Storage Expansion.
As the City Attorney and any land use attorney in Washington can attest,there has been an
explosion of recent land use cases in the State of Washington and in federal courts outlining
limitations on local government’s ability to require “exactions”from developers as a condition
of granting development approvals.Exactions which are subject to the legal limitations
described below,include legal requirements to dedicate land,convey easements,to construct
or pay for public improvements,or to limit the use of property in return for development
approval.The Planning Commission’s open—endedCondition No.16,that requires Mor—Stor
to remove improvements and give away land for an undefined future road improvement
project is the type of dedication that state and federal courts have consistently overturned.
In general terms,Washington and federal courts have consistently held that a city exceeds
its statutory and constitutional authority when it asks owners and developers to contribute
land or pay for public infrastructure improvements unless the city can demonstrate (1)the
exactions are reasonably necessary as a direct result of the proposed development,
and (2)the owner/developer cannot be asked to contribute through an exaction more than its
proportionate share of the cost of those improvements.This general rule is based on
fundamental state and federal constitutional protections,which entitle all property owners
“due process”or “equal protection”from land use regulations and conditions which may be
unduly burdensome,which (in case of a fee or charge)may be a “illegal tax”or which prohibit
a “taking"of private property withoutjust compensation.While the legal analysis particular to
each permit condition or exaction may be unique,a City simply cannot require an
owner/developer to pay directly through fees,or indirectly through dedications,conditions and
offsite improvements for public infrastructure (even infrastructure that aids the public health,
safety and welfare)unless the particular development caused the need and the contribution
is proportional.
The above summary was based on two landmark United States Supreme Court rulings in
No//an v.California Coastal Commission and Dolan v.City of Tigard.The No//an case stands
for the proposition that land use conditions constitute a taking in violation of the Fifth
Page 66 of 204
Pasco City Council
clo Community &Economic Development Department
Attn:Darcy Bourcier and Rick White
July 27,2018
Page 4
Amendment,unless there is an essential nexus between the legitimate state interest and the
condition.Nollan,483 U.S.825,837 (1987).The Court’s later Dolan ruling requires
municipal—imposedexactions or conditions to be roughly “proportional”to the impact of the
proposed development.Do/an,512 U.S.374,391 (1994).Washington courts applying the
Nolan and Do/an analysis have held that they are not limitedto conveyances of property,but
also apply when a municipality imposes conditions on a development.See,e.g.,Benchmark
Land Co.v.City of Battleground,94 Wn.App.537,548 (1999)(affirmed on other grounds by
Benchmark Land Co.v.City of Battleground,146 Wash.2d 685 (2002)).Similarly,the United
States Supreme Court confirmed the Nollan/Dolan analysis set forth above also applied to
attempts by cities to require payment of money for infrastructure improvements or risk denial
of a permit,and confirmed that conditions in’land use permits requesting owners to pay for
public infrastructure improvements are subject to heightened scrutiny.Koontz v.St.Johns
River Water Management District,133 S.Ct.2586,2603 (2013).
Washington courts have held a city cannot ask for a developer to pay for road,drainage or
intersection improvements through voluntary agreements or permit conditions where the
developer’s contributions are (1)designed to remedy or benefit future uses,(2)designed to
remedy existing deficient conditions,(3)caused by the cumulative effects of future
development,or (4)requested to mitigate offsite conditions on adjacent property not directly
affected by the development.See,e.g.,Cobb v.Snohomish County,64 Wn.App.451 (1992);
Luxembourg v.Snohomish County,72 Wn.App.502 (1995);Unlimited v.Kitsap County,51
Wn.App.723 (1988);Burton v.Clark County,91 Wn.App.505 (1998);Benchmark Land Co.
v.City of Battleground,103 Wn.App.721 (2000);and United Development Corp.v.City of
Mill Creek,106 Wn.App.681,698 (2001).Mor-Stor’s position is that most of the new
conditions imposed by the Planning Commission after its closed record hearing violates some
or all of the rules and principles cited in the above cases.Specifically,and most egregiously,
Condition No.16,requiring the future dedication of land whenever the City wants it would be
illegal.
In this case,City Planning Staff in consultation with its own traffic department is looking for
ways to improve the intersection of Court Street and Road 68 not as a result of specific traffic
to be generated by the minor expansion of the mini storage facility,but to remedy the
cumulative effects of existing traffic or to remedy an existing deficient condition.in
communications with the Planning Staff,they have admitted that they now want a roundabout
at the intersection as part of some future 6-year traffic improvement plan to control traffic and
reduce accidents caused by existing traffic and design flaws.The need for the roundabout
was not caused by Mor-Stor’s permit request,in fact Mor-Stor’s use of the property is
much less intensive from a traffic generation standpoint than other uses allowed outright.
While Staffs goals of improving the intersection may be appropriate and laudable,in this
case,the City cannot ask the property owner and developer Mor-Stor to pay for them simply
because it asked for a permit to expand an allowed commercial use.
After the hearing,City Planning Staff provided the applicant’s legal counsel an updated design
drawing purporting to show approximately 2,500 square feet of the applicant’s property
needed for a future,as yet unfunded,roundabout.Based on current market conditions on a
Page 67 of 204
Pasco City Council
c/o Community &Economic Development Department
Attn:Darcy Bourcier and Rick White
July 27,2018
Page 5
price per square foot basis,this portion of property is extremely valuable.In addition,the loss
of the corner would require the owner/applicant to redesign and redevelop its project which
would it would have to reduce by 12 units.The consequential loss of income from a
redesigned project and loss of the units would be significant.In other words,the potential
damage caused by the attempted illegal taking of property by the City would be substantial.
lfthe condition is not removed,Mor-Stor willhave no alternative but to seekjudicial ruling that
the condition is illegal,and make a claim for damages under 42 U.S.C.§1983.
Conclusion
The five new conditions imposed by the Planning Commission at Staff’s request (after the
record was closed)should be eliminated,and Mor—Stor’sspecial property use permit should
be granted without these Conditions.Specifically,Approval Condition No.16 should be
determined to be illegal and is not supported by the record.Under the facts of this case,Mor-
Stor cannot be required to give the City land (or commit to give land in the future)to fix existing
deficient conditions at the intersection of Court Street and Road 68.At some future point,if
the project is funded,the City will have to acquire right—of~wayfor its project from affected
property owners in accordance with standard eminent domain procedures.
Very truly yours,
Halversonw Group P.C.
Mark E.Fickes
MEF/jk
Page 68 of 204
REPORT TO PLANNING COMMISSION
MASTER FILE NO: SP 2018-005
HEARING DATE: 5/ 17 /2018
ACTION DATE: 6/21/2018
BACKGROUND
APPLICANT: Melina Puckett
(Successor Trustee)
1420 Road 68
Pasco, WA 99301
REQUEST: SPECIAL PERMIT: Mor-Stor Mini Storage Expansion m a C-1
Zone
1. PROPERTY DESCRIPTION:
Legal: Lots 2 and 3 of Short Plat 93-08
General Location: 1420 Road 68, Southwest corner of Road 68 and Court
Street
Property Size: 2.1 acres
2. ACCESS: The site is accessible from W Clark St and an alley that
connects 5th Ave and 6th Ave.
3. UTILITIES: Power, municipal water and sewer are all available to the site.
4. LAND USE AND ZONING: The site is currently zoned C-1 (Retail
Business) and is undeveloped. Surrounding properties are zoned and
developed as follows:
NORTH:
SOUTH:
EAST:
WEST:
County
C -1
C -1
R-2
-SFDUs
-Mini Storage
-Vacant
-Vacant
5. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area
for commercial uses. Policy LU-1-B encourages enhancement of the
physical appearance of development within the City. The Comprehensive
Plan (LU-4-B) encourages the grouping of commercial uses to promote
functional and economical marketing and operations to produce
sustainable clusters of shopping and services. Policy LU -2-D requires all
development to be landscaped. ED-3-E suggests the use of landscaping
to provide a buffer between less intensive uses (such as residential) from
commercial and industrial facilities.
6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead
agency for this project. An environmental determination will be made after
Page 69 of 204
the public hearing for this project. A Determination of Non-Significance or
Mitigated Determination of Non-Significance is likely for this application
(WAC 197-11-355).
ANALYSIS
The applicant is seeking Special Permit approval for the expansion of the Mor-
Stor mini storage facility located at 1420 Road 68. The applicant had
previously been granted a Special Permit for the expansion in 20 11 , but it has
since expired. This proposal involves the development of eight buildings with a
total of 42,000 squ are feet of storage space in 230 units on a vacant site in a C-
l (Retail Business) zone. Access would be from an existing driveway to the
mini-storage units to the south a long Road 68.
Mini-storage facilities are not a permitted use in the C-1 (Retail Business
District). Mini-storage facilities are, however, a conditional use that may be
permitted only by the granting of a Special Permit. Special Permit reviews and
determinations are made based upon the criteria li sted in P.M.C. 25.86.060
a nd itemized below under the "findings of fact" section. If it can be
demonstrated that a mini-storage facility will be in accordance with the policies
of the Comprehensive Plan, a Special Permit may be approved.
The mini-storage expansion is being proposed for property on the corner of two
major streets-Road 68 and Court St. Properties on major street corners are
sometimes referred to as high impact sites because they are often occupied by
businesses that need high visibili ty and traffic counts to succeed. A mini-
storage facility does not rely on pass-by traffic for business. For this reason the
last two mini-storage faci lities (Road 60/Burden Blvd and 9335 Sandifur Pkwy)
approved through the Special Permit process were required to reserve the front
portion of their properties along the arterial streets for future development by
uses specifically permitted in the C-1 district.
Office and retail development has been very slow to occur at the intersection of
Court Street and Road 68. It is unlikely further retail development will occur at
t his intersection until the residential development increases in the
neighborhood. Much of the land available for future residential development is
located north of Court Street in the County and lacks the services needed for
development. As a result the proposed mini-storage expansion may be an
appropriate use of the property until the area can support businesses that are
permitted in the C -1 District.
The intended character of the neighborhood includes future retail and office
uses as well as residential uses. The neighborhood is not intended for storage
and warehousing. Due to the site's high visibili ty, an understanding of the
intent for future uses, and the nature of current uses, the Special Permit
should not b e approved without design standards to ameliorate the impacts of
2
Page 70 of 204
an industrial appearance of the facility. The Planning Commission should
consider requiring the face of the buildings fronting Court Street, Road 68, and
properties to the west to be sided with stucco or architectural block and have
the doors painted to match or complement the siding. An architectural
masonry fence around the property may also be warranted . The Broadmoor
Storage Solutions facility on Sandifur Parkway and the Express Storage facility
on Court Street are good examples of mini-storage facilities that were
constructed to complement future neighborhood uses.
City staff has reviewed the proposed Special Permit against future
improvements that may be needed at the intersection of Road 68 and Court
Street. That review has resulted in a conclusion that the intersection will be
signalized as opposed to installing other traffic calming measures, such as a
roundabout. This conclusion is based on the high volumes of traffic, future
lane configurations and commercial land use designations at each corner of the
intersection. Consistent with City development regulations, the applicant will
be required to dedicate right of way and construct street improvements as a
condition of any project at this site.
INITIAL STAFF FINDINGS OF FACT
Findings of fact must be e ntered 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 project site is zoned C-1 and consists of two parce ls.
2) The applicant owns three parcels of land at the southwest corner of Road
68 and Court Street. The southernmost parcel was developed with six
mini-storage buildings in 1994. The storage buildings contain 36,000
square feet .
3) The applicant had been granted a Special Permit in 2011 for the
expansion, but it expired before the project was started.
4) The original mini-storage buildings were constructed in the County and
were built to County standards prior to annexation to the City, which
occurred in 2002.
5) The original mini-storage buildings on the southern parcel were built
without curb, gutter or sidewalk being installed along Road 68. The mini-
storage buildings were also built without any landscaping or sight-
screenmg.
3
Page 71 of 204
6) Upon annexation in 2002 the City zoned all three parcels C-1 (Retail
Business) which continued the commercial zoning that was previously
established by the County.
7) C-1 (Retail Business) District permits the development of a variety of
retail and office uses including restaurants . Mini-storage facilities are
classified as a conditional use and are subject to Special Permit review.
8) The Comprehensive Plan identifies the area for commercial uses.
9) Access to the site is proposed through a driveway on Road 68 serving the
existing mini-storage units to the south.
10) Traffic control upgrades are planned for the intersection at Road 68 and
Court Street to safely and efficiently accommodate increased traffic flow
through the intersection. Right-of-way will be required from property
owners on all corners of the intersection.
TENTATIVE CONCLUSIONS BASED ON INITIAL 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 P.M.C. 25.86.060. The criteria are as follows:
( 1) Will the proposed use be in accordance with the goals, policies, objectives
and text of the Comprehensive Plan?
A mini-storage facility can b e compatible with several Comprehensive
Plan policies. Policy LU-1-B encourages enhancement of the physical
appearance of development within the City. The proposal would replace
a vacant lot with a well-developed facility containing perimeter
landscaping. Policy LU-2-D requires all development to be landscaped.
Development of the site including landscaping will support policies of
the Comprehensive Plan (LU2-D).
(2) Will the proposed use adversely affect public infrastructure?
All municipal utilities are currently available to the site from
surrounding streets. Commercial development standards require right-
of-way improvements on all road frontages to bring the bordering
roadways up to current standards. Road 68 would need to be fully
improved, including street paving and the installation of curb, gutter,
sidewalk, storm drainage and street lights to meet these standards.
Water and sewer demands of the proposed use will be negligible
compared to permitted uses such as restaurants and similar uses.
Impacts to the adjoining streets will like wise be minimal.
4
Page 72 of 204
(3) Will the proposed use be constructed, maintained and operated to be in
harmony with existing or intended character of the general vicinity?
Based on neighborhood zoning, neighborhood development and past
rezone decisions for areas of the community west of Road 36 the existing
and intended character of the neighborhood includes future retail and
office uses as well as residential uses. The Comprehensive Plan
encourages the grouping of commercial uses to promote functional and
economical marketing and operations to produce sustainable clusters of
shopping and services (LU -4-B). The proposed use may be less intensive
from an activity standpoint than other permitted uses in the C-1 zone
but does not n ecessarily support the commercial clustering of
businesses permitted in the C-1 zone. From a visual and functional
standpoint the proposal may have an industrial/warehouse appearance
and will not support the commercial street appeal that is typical of
neighborhood commercial centers. To support harmony in design with
existing and intended neighborhood uses the e levations of the proposed
mini-storage facility facing the street would need to include construction
materials other than painted sheet metal. Landscaping can also be used
to help creat e harmony with the surround neighborhood.
(4) Will the location and height of proposed structures and the site d e sign
discourage the development of permitted uses on property in the general
vicinity or impair the valu e thereop
The proposal curre ntly has an industrial warehouse appearance (metal
buildings surrounded with gravel) that may not encourage the
development of retail, office and foods service uses permitted within the
C -1 District. The C -1 District requires a six foot fence to setback at
least 15 feet from the property line. The proposal includes a six foot
fence at the property line. To avoid the industrial appearance of the
proposed facility and to encourage compatibili ty with the neighborhood,
landscaping and restrictions on the building design would be needed .
(5) Will the operations in connection with the proposal be more objectionable to
nearby properties by reason of noise, fumes, vibrations, dust, traffic, or
flashing lights than would be the operation of any permitted uses within
the district?
Traffic is not a significant factor in the operation of a mini-storage
faci li ty. The operation of the proposed facility will create less noise,
fumes and vibration than permitted uses for this zone. Unlike retail or
office developments the customer/ client parking areas around the
proposed mini-storage buildings will be gravel creating the potential for
dust. Fe ncing the mini-storage yard with a block wall could aid in
5
Page 73 of 204
combating blowing dust and would improve the appearance of the
facility.
(6) Will the proposed use endanger the public health or safety if located and
developed where proposed, or in any way become a nuisance to uses
permitted in the district?
On most days of the week minimal activity will occur on the site. A mini
storage complex of the size proposed can be considered a less intense
commercial land use when compared to other uses permitted in the C-1
zone.
TENTATIVE APPROVAL CONDITIONS
1. The Special Permit shall apply to Tax Parcels 119701412 and
119701421;
2. The applicant may choose one of the following design options for
development of the site:
1. Transparent security fencing option: Fencing must consist of 6-foot
maximum height architectural block pillars spaced on 10-foot
centers with tubular metal/wrought iron between the pillars. All
buildings must be sided with stucco or architectural block. All
doors must be painted to complement the stucco or architectural
block. The driveways and isle-ways around the buildings must be
hard-surfaced. The west 10 feet of the site must be landscaped
with trees and shrubs at a rate of one tree for every 20 linear feet
and one shrub for every 8 linear feet.
2. Solid architectural block wall option: If the site contains an 8 foot
architectural block wall or an 8 foot wall consisting of architectural
block and stucco on the north, west and east, the buildings may be
constructed of painted metal siding; no interior site pavement will
be required except for the driveway entrance and no interior
landscaping will be required. The landscaping requirement for the
area along the west property line will be waived.
3. Stucco or architectural block building walls in lieu of an
architectural block security wall: The building walls may back to
Road 68, Court Street and the west property line and be used as
site security, provided each of the building walls contain at least
three architectural features and are constructed of architectural
block and/ or stucco. No interior paving other than at the driveway
entrance will be required and no interior landscaping will be
r e quired. The landscaping requirement for the area along the west
property line will be waived.
6
Page 74 of 204
3. The a r ea between the architectural block fence and/ or wall of the
buildings and the sidewalk must b e landscaped with 60 percent live
vegetation at the time of planting. Street trees as included on the City's
approved street tree list must be planted at 30 foo t intervals along Court
Street and Road 68 . The landsca ping must continue south on Ro ad 68 to
the south end of Lot 1, Short Plat 93-08.
4. No equipment or other materials shall be stored outside of the buildings;
5 . Street lights shall b e installed along the frontages of Court Street and
Road 68 per City and PUD standards.
6. Road 68 shall be improved along the frontage of Tax Parcel 11970141 2 to
bring the west half of the roadway into compliance with the City of Pasco
Lo cal Acce ss Street standard. These improvements must include street
paving, c urb, gutter, storm dra inage and sidewalk improvements. The
sidewalk may b e offset from the c urb. Street improvements along Tax
parce l 119701403 must include pavement widening to match the
pave m e nt along Pa r cel 19970141 2 a nd a grass dra inage swale to the
south e nd of the parce l.
7. The driveway drops a long Court Street must be r e moved and r eplaced as
per the standard city sidewalk section;
8. Handicapped ramps m eeting the c urre nt ADA standards must be
installed a t t he intersection of Ro a d 68 and Court Street;
9. The driveway e ntrances shall be upgraded to meet current ADA a nd City
standards;
10. Night lighting including parking lot lighting must b e shielded to prevent
light encroachment on adjoining prope rties;
11 . Right-of-way must be d e dicated at the project leve l , as r equired.
12. The special permit shall be null a nd void if a building permit 1s not
obtained b y Decemb er 3 1, 2 020.
RECOMMENDATION
MOTION: I move to close the hearing on the proposed special p ermit and set
June 21, 20 18 as t h e date for deliberations a nd the deve lopme nt of
a recommendation for the City Council.
7
Page 75 of 204
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Overview Special Permit: Mini-Storage Expansion
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ap File#: SP2018-005
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Applicant: Melina Puckett
File#: SP2018-005
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REPORT TO PLANNING COMMISSION
MASTER FILE NO: SP 2018-005
HEARING DATE: 5/ 17 /20 18
ACTION DATE: 6/21/2018
BACKGROUND
APPLICANT: Melina Puckett
(Successor Trustee)
1420 Ro a d 68
Pasco, WA 99301
REQUEST: SPECIAL PERMIT: Mor-Stor Mini Storage Expansion in a C-1
Zone
1. PROPERTY DESCRIPTION:
Lega l : Lots 2 and 3 of Short Plat 93 -08
Gene r a l Location: 1420 Road 68, Southwest corner of Road 68 and Court
Street
Prope rty Size: 2.1 acres
2. ACCESS: The site is accessible from W Clark St and an alley that
connects 5th Ave and 6th Ave.
3. UTILITIES: Power, municipal water and sewer are a ll a vaila ble to the site.
4. LAND USE AND ZONING: The site is currently zoned C -1 (R etail
Business) a nd is undeveloped. Surrounding properties are zoned a nd
developed as follows:
NORTH:
SOUTH:
EAST:
WEST:
County
C-1
C-1
R-2
-SFDUs
-Mini Storage
-Vacant
-Vacant
5. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area
for comme rcial uses. Policy LU -1-B e n courages e nhancem ent of the
physical a ppearance of development within the City. The Comprehensive
Plan (LU-4-B) encourages the grouping of commercial uses to promote
functional and economical marketing and operations to produce
sustainable clusters of shopping a nd services. Policy LU-2-D r e quires all
development to be landscaped. ED -3-E suggests the use of landscaping
to provide a buffer b etween less intensive uses (suc h as residential) from
commercial and industrial facilities.
6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead
agency for this project. B ased on the SEPA checklist, the adopted City
Comprehensive Plan, City d evelopment regulations, and other
information, a threshold determination r esulting in a Determination of
Page 85 of 204
Non-Significance (DNS) has been issue d for this project under WAC 197-
11 -158.
ANALYSIS
The applicant is seeking Special Permit approval for the expansion of the Mor-
Stor mini storage facility located at 1420 Road 68. The applicant had
previously b een granted a Special Permit for the expansion in 2011, but it has
since expired. This proposal involves the development of e ig ht buildings with a
total of 42,000 square feet o f storage space in 230 units on a vacant site in a C-
l (Retail Business) zone. Access would be from an existing driveway to the
mini-storage units to the south along Road 68.
Mini-storage facilities are not a permitte d use in the C-1 (Retail Business
District). Mini-storage facilities are, however, a conditional use that may be
permitted only by the granting of a Special Permit. Special Permit reviews and
determinations are made b ased upon the c riteria listed in P.M.C . 25.86.060
and itemized below under the "findings of fact" section. If it can be
demonstrated that a mini-storage facility will be in accordance with the polic ies
of the Compre hensive Plan, a Special Permit may be approved.
The mini-storage expansion is being proposed for property on the corner of two
major streets-Road 68 and Court St. Properties on major street corners a re
sometimes r eferred to as high impact sites because they a r e often occupied by
businesses that need hig h visibility a nd traffic counts to succeed. A mini-
storage facility does not rely on pass-by traffic for business. For this r eason the
last two mini-storage facilities (Road 60/Burden Blvd and 9335 Sandifur Pkwy)
approved through the Special Permit process were required to reserve the front
portion of their properties along the a rterial streets for future development by
uses specifically permitte d in the C-1 district.
Office a nd retail development has been very slow to occur at the intersection of
Court Street a nd Road 68. It is unlike ly furth er r e tail development will occur at
this intersection. Much of the land available for future residential developme nt
is locate d north of Court Street in the County and lacks the services needed for
d evelopme nt. As a result the propose d mini-storage expansion m ay be an
appropriate use of the property until the a r ea can support businesses that a re
permitted in the C-1 District.
The neighborhood is not intended for storage and warehousing. Due to the
site's high visibility, an understanding of the intent for future uses, and the
nature of c urrent uses, the Special Permit should not be a pproved without
d esign standards to ameliorate the impacts of an industrial appearance of the
facility. The Planning Commission should consider requiring the face of the
buildings fronting Court Street, Road 68, and prope rties to the west to be s ide d
with stucco or architectural block and have the doors painted to match or
2
Page 86 of 204
complement the siding. An a rchitectural masonry fence a round the property
may also b e warranted. The Broadmoor Storage Solutions facility on Sandifur
Parkway a nd the Express Storage facility on Court Street a r e good examples of
mini-storage fac ilities that were constructed to complement future
neighborhoo d uses.
City staff has reviewed the proposed Special Pe rmit against future
improveme nts that m ay be n eeded at the intersection of Road 68 and Court
Street. That r e view has resulted in a conclusion that the intersection will be
signalized as opposed to installing other traffic calming measures, such as a
roundabout. This conclusion is base d on t h e high volumes of traffic, future
lane configurations and comme r c ial land use d esignations at each corn e r of the
intersectio n. Consistent with City d evelopme nt regulations, the applicant will
b e r e quired to dedicate right of way and construct street improvements as a
condition of a n y project at this site.
INITIAL STAFF FINDINGS OF FACT
Findings o f fact must b e e nte red from the record. The following are initial
findings drawn from the background a nd a nalysis section of the staff report.
The Pla nning Commission may add additional findings to this listing as the
r esult of factu a l testimony a nd evidence submitted during the o p en record
hearing.
1) The project site i s zoned C-1 and consists o f two p a r cels.
2) The a pplican t owns three p a rcels of la nd at the southwest corner o f Road
68 and Court Street. The southernmost p arcel was d eveloped w ith six
mini-storage buildings in 1994. The storage buildings contain 36,000
square feet.
3 ) The applicant h ad been g ranted a Special Permit in 2011 fo r the
expan s ion , but it expired b e fore the proj ect was started.
4) The original mini-stor age buildings were constructed in the County and
were built to County standa rds prior to a nnexation to the City, whic h
occurred in 2002.
5 ) The original mini-storage buildings on the southern parcel were built
without curb, gutter or sidewalk b e ing installed along Road 68. The mini-
storage buildings wer e also built without a n y la ndscaping or s ight-
screemng.
6 ) Upon annexation in 2002 the City zon ed all three parcels C-1 (R etail
Business) w hic h continue d the comme r c ia l zoning that was previously
establis h ed by the County.
3
Page 87 of 204
7) C-1 (Retail Busine ss) District permits the deve lopment o f a variety of
retail and office uses including resta urants . Mini-storage faciliti es are
classifie d as a conditional use and are subject to Special Pe rmit revie w .
8) The Comprehensive Plan ide ntifies the a rea for commercial uses.
9) Access to the site is propose d through a driveway on Road 68 serving the
existing mini-storage units to the south.
10) Traffic control upgrades are planned for the intersection at Road 68 a nd
Court Street to safely and e fficiently accommodate increased traffic flow
through the inte rsection. Right-of-way will be r equired from prope r ty
owne rs on all corners of the intersection.
TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT
Before recomme nding approval or denial of a special permit the Planning
Commission must deve lop findin g s of fact from which to draw its conclusions
b ased upon the criteria liste d in P.M.C. 25.86.060. The criteria a re as follows:
(1) Will the proposed u se be in accordance with the goals, policies, objectives
and t ext of the Comprehensive Plan?
A mini-storage faci lity can b e c ompatible with several Compre h e nsive
Plan polic ies. Policy LU -1-B encourages e nhancement of the physical
a ppearance of d evelopme nt within the City. The proposa l would replace
a vacant lot wi th a w ell -develope d facility c ontaining perimete r
la ndscaping. P o li cy LU-2-D requires a ll d evelo pme nt to be landscaped.
Developme nt of the site including la ndscaping will support policies of
the Comprehensive Plan (LU2-D).
(2) Will the proposed u se adversely affect public infras tructure?
All municipal utilities are currently available to the site from
surrounding streets. Commercial deve lopme nt standards require right-
of-way improvem e nts on a ll road frontages to bring the borde ring
roadways up to current standards. Road 68 would n eed to b e fully
improve d , including street p aving a nd t h e installation of curb, gutter,
sidewalk, storm dra inage a nd street lights to meet these standa rds .
Wa t e r a nd sewer dema nds of the proposed use will b e negligible
compared to p ermitted u ses such as restaura nts a nd similar u ses .
Impacts to the adjoining streets will like wise be minima l.
(3) Will the proposed u se be constructed, maintained and ope rated to be in
hannony with existing or intended charact e r of the general v icinity ?
4
Page 88 of 204
The existing and intended character of the neighborhood includes future
retail and office uses as well as residential uses. The Comprehensive
Plan encourages the grouping of commercial uses to promote functional
and economical marketing and operations to produce sustainable
cluste rs of shopping and services (LU-4-B). The proposed use may be
less intensive from an activity standpoint than other permitted uses in
the C-1 zone but does not necessarily support the commercial clustering
of businesses permitted in the C-1 zone. To support harmony in design
with existing and intended neighborhood uses the elevations of the
proposed mini-storage facility facing the street would need to include
construction materials other than painted sheet metal. Landscaping can
also be used to h e lp create harmony with the surround neighborhood .
(4) Will the location and height of proposed structures and the site design
discourage the deve lopment of permitted uses on property in the general
vicinity or impair the value thereof?
The existing storage c urrently has a n industrial warehouse appearance
(me tal buildings surrounded with gravel) that may not be compatible
with overall community aesthetics. The C-1 District requires a six foot
fence to setback a t least 15 feet from the property line. The proposal
includes a six foot fence at the property line . To avoid the industria l
appearance of the proposed facility and to encourage compatibility with
the neighborhood, la ndscaping and restrictions on the building d esig n
would be needed .
(5) Will the operations in co nnection with the proposal be more objectionable to
n earby properties by reason of noise, fumes, vibrations, dust, traffic, or
flashing lights than would be the operation of any permitted uses within
the district?
Tra ffi c is not a significant factor in the operation of a mini-storage
facility. The operation of the propose d facility will c r eate less noise,
fumes and vibration than permitte d uses for this zo ne. Unlike r etail or
office d e ve lopme nts the customer/ client parking a r eas around the
proposed mini-storage buildings will b e gravel creating the potential for
dust. Fencing the mini-storage yard with a block wall could a id in
comb a ting blowing dust and would improve the appearance of the
facility.
(6) Will the proposed use e ndanger the public health or safety if located and
d eveloped where proposed, or in any way become a nuisance to uses
p e rmitte d in the district?
On most days of the week minima l activity will occur on the site. A mini
storage complex of the size proposed can be considered a less inte nse
5
Page 89 of 204
commercial land use when compared to other uses permitted in the C-1
zone.
APPROVAL CONDITIONS
1. The Special Permit shall apply to Tax Parcels 119701412 and
119701421;
2. The applicant may choose one of the following design options for
development of the site:
1. Transparent security fencing option: Fencing must consist of 6-foot
maximum height architectural block pillars spaced on 10-foot
centers with tubular metal/wrought iron between the pillars. All
buildings must be sided with stucco or architectural block. All
doors must be painted to complement the stucco or architectural
block. The driveways and isle-ways around the buildings must be
hard-surfaced. The west 10 feet of the site must be landscaped
with trees and shrubs at a rate of one tree for every 20 linear feet
and one shrub for every 8 linear feet.
2. Solid architectural block wall option: If the site contains an 8 foot
architectural block wall or an 8 foot wall consisting of architectural
block and stucco on the north, west and east, the buildings may be
constructed of painted metal siding; no interior site pavement will
be required except for the driveway entrance and no interior
landscaping will be required. The landscaping requirement for the
area along the west property line will be waived.
3. Stucco or architectural block building walls in lieu of an
architectural block security wall: The building walls may back to
Road 68, Court Street and the west property line and be used as
site security, provided each of the building walls contain at least
three architectural features and are constructed of architectural
block and/ or stucco. No interior paving other than at the driveway
entrance will be required and no interior landscaping will be
required. The landscaping requirement for the area along the west
property line will be waived.
3. The area between the architectural b lock fence and/ or wall of the
buildings and the sidewalk must be landscaped with 60 percent live
vegetation at the time of planting. Street trees as included on the City's
approved street tree list must be planted at 30 foot interval s along Court
Street and Road 68. The landscaping must continue south on Road 68 to
the south end of Lot 1, Short Plat 93 -08.
4. No equipment or other materials shall be stored outside of the buildings;
6
Page 90 of 204
5. Street lights shall be installed along the frontages of Court Street and
Road 68 per City and PUD standards.
6. Road 68 shall be improved along the frontage of Tax Parcel 119701412 to
bring the west half of the roadway into compliance with the City of Pasco
Local Access Street standard. These improvements must include street
paving, curb, gutter, storm drainage and sidewalk improvements. The
sidewalk may be offset from the curb. Street improvements along Tax
parcel 119701403 must include pavement widening to match the
pavement along Parcel 199701412 and a grass drainage swale to the
south e nd of the parcel.
7. The driveway drops along Court Street must be removed and replaced as
per the standard city sidewalk section;
8. Handicapped ramps meeting the current ADA standards must be
installed at the intersection of Road 68 and Court Street;
9. The driveway entrances shall be upgraded to meet current ADA and City
standards;
10. Night lighting including parking lot lighting must be shielded to prevent
light encroachment on adjoining properties;
11. Right-of-way must be dedicated at the project level, as required.
1 2. The special p e rmit shall be null and void if a building permit 1s not
obtained by December 31, 2020.
RECOMMENDATION
MOTION for Findings of Fact: I move to a dopt Findings of Fact a nd
Conclusions therefrom as contained in the June 21, 2018 staff report.
MOTION for Recommendation: I move, based on the Findings of
Fact and Conclusions therefrom, the Planning Commission recomme nd
the City Council grant a special permit to Me lina Puckett (Successor
Trustee ) for the expansion of the Mor-Stor mini storage facility in a C-1
zoning district at 1420 Road 68 with conditions as contained in the June
21, 2018 staff r eport.
7
Page 91 of 204
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BUILDING DEPARTMENT FOR BLOCK WALL
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c1OF3 Page 92 of 204
Overview Special Permit: Mini-Storage Expansion
M Applicant: Melina Puckett
ap File#: SP2018-005
N
A Page 93 of 204
Vicinity
Map
Special Permit: Mini-Storage Expansion
Applicant: Melina Puckett
File#: SP2018-005
N
A Page 94 of 204
Land Use Special Permit: Mini-Storage Expansion N
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Special Permit: Mini-Storage Expansion
Applicant: Melina Puckett
File#: SP2018-005
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Page 100 of 204
1
Krystle Shanks, Administrative Assistant II
City of Pasco – Community & Economic Development Department
1
STATE OF WASHINGTON 2
CITY OF PASCO 3
In Re: Special Permit for ) 4
Mor-Stor Mini Storage ) Master File # SP 2018-005 5
Expansion [Melina Pucket ) 6
(Successor Trustee)] ) 7
8
9
EXCERPT OF THE PASCO PLANNING COMMISSION MEETING 10
11
12
TIME: 7:00 p.m., Thursday, May 17, 2018 13
TAKEN AT: Pasco City Hall 14
Pasco, Washington 15
CALLED BY: City of Pasco 16
REPORTED BY: Krystle Shanks, Administrative Assistant II 17
City of Pasco 18
Community & Economic Development Department 19
Page 101 of 204
2
Krystle Shanks, Administrative Assistant II
City of Pasco – Community & Economic Development Department
1
APPEARANCES 2
FOR THE PASCO PLANNING COMMISSION: 3
POSITION 1 - COMMISSIONER TANYA BOWERS 4
POSITION 2 - COMMISSIONER JOSEPH CAMPOS 5
POSITION 3 - COMMISSIONER PAUL MENDEZ 6
POSITION 4 - COMMISSIONER ALECIA GREENAWAY 7
POSITION 5 – CHAIRMAN JOE CRUZ 8
POSITION 6 – COMMISSIONER ISAAC MYHRUM 9
POSITION 7 – COMMISSIONER ZAHRA ROACH 10
POSITION 8 – COMMISSIONER PAM BYKONEN 11
POSITION 9 - COMMISSIONER GABRIEL PORTUGAL 12
13
ALSO PRESENT: 14
MR. DAVE ZABELL 15
MR. RICK WHITE 16
MR. DAVID MCDONALD 17
MS. DARCY BOURCIER 18
MS. KRYSTLE SHANKS 19
20
Page 102 of 204
3
Krystle Shanks, Administrative Assistant II
City of Pasco – Community & Economic Development Department
1
BE IT REMEMBERED that on Thursday, May 17, 2018 at 7:00 p.m., at 2
Pasco City Hall, Pasco, Washington, the Pasco Planning Commission 3
Meeting was taken before Krystle Shanks, Administrative Assistant II 4
of the Community & Economic Development Department for the City of 5
Pasco. The following proceedings took place: 6
7
PROCEEDINGS 8
9
CHAIRMAN CRUZ: Item VI(D), special permit, Mor-Stor Mini Storage 10
Expansion, the applicant is Puckett, master file number SP 2018-005. 11
Darcy? 12
MS. BOURCIER: Thank you, Commissioner. The applicant is seeking 13
a special permit to expand Mor-Stor Mini Storage to the two parcels 14
just north of the facility. A special permit had been granted for 15
this expansion in 2011 but because no building permits were applied 16
for, the special permit expired. So, the proposal consists of 8 17
buildings, totally 42,000 square feet and 230 units. This expansion 18
will be on the southwest corner of Court and Road 68, which are high 19
traffic streets but a mini-storage facility doesn’t have to rely on 20
passerby traffic for business. Because of this, we typically make 21
applicants of mini-storage facilities reserve the front portion of the 22
Page 103 of 204
4
Krystle Shanks, Administrative Assistant II
City of Pasco – Community & Economic Development Department
property for commercial uses, however, this area has been slow to 1
develop because there aren’t utilities here to support that growth so 2
Staff believes that it is an appropriate use of the property. 3
There are design standards in the conditions that will help prevent 4
the facility from looking like an industrial warehouse. The 5
conditions have essentially just been transferred from the first 6
report that was done in 2011 to this one. Staff believes that the 7
buildings should be sided with stucco or architectural block, and/or, 8
there should be site obscuring masonry fence. There are a few 9
different options in the conditions if you read through them. Full 10
frontage improvements will be required for the west half of Road 68 11
adjacent to the property with the existing facility. And the existing 12
facility adjacent Road 68, that pavement will need to match the 13
pavement that is going to be put in to the north. Right-of-way will 14
probably be needed to be dedicated for a future signal at the 15
intersection right there. Staff isn’t sure at this point just how 16
much right-of-way will be needed. We may know more before the June 17
21st meeting when this comes back for a recommendation. 18
And that’s all I have for that. Questions? 19
COMMISSIONER BYKONEN: I just had a quick one. Has the applicant 20
applied for a building permit yet? I mean, that’s what made the 21
special use permit… 22
Page 104 of 204
5
Krystle Shanks, Administrative Assistant II
City of Pasco – Community & Economic Development Department
MS. BOURCIER: Um, I am not aware of that. I don’t know. 1
MR. WHITE: (Shook head.) 2
MS. BOURCIER: No? I’m hearing no. 3
MS. BYKONEN: Ok, thank you. 4
CHAIRMAN CRUZ: Ok, any questions on behalf of the Commission? 5
(Silence.) Ok, I will open up the public hearing at this time. I 6
would like to invite the applicant to come forward if they choose to 7
do so. (The applicant remained seated.) 8
Ok, anyone else? I mean you guys have all stuck it out for now, 3 9
hours, 36 minutes and 35 seconds. Going once, going twice, going 10
three times. The public hearing is now closed. Any further 11
questions, comments, etc. from the Planning Commission? 12
COMMISSIONER ROACH: Yes. In the past we have as a Planning 13
Commission kept the storage units back from a main frontage, 14
especially on a main arterial. Like, I think the last one was on 15
Sandifur Parkway. So we asked that they be set back from the road for 16
a different type of business. So I’m wondering why Staff is asking 17
for this to be on the corner of 68 and Court. 18
CHAIRMAN CRUZ: This one’s not Staff. The issue with this one at 19
2011 was we had asked for a substantial increase in aesthetic value of 20
the units and the wall. And so the applicant at the time was not 21
super happy about it and we said if you want to use this for a storage 22
Page 105 of 204
6
Krystle Shanks, Administrative Assistant II
City of Pasco – Community & Economic Development Department
unit then this is what it’s going to take. So the compromise is that 1
they have to develop it more residential in nature. Remember the, uh… 2
COMMISSIONER ROACH: Tree? 3
CHAIRMAN CRUZ: Yeah, the tree. Somebody asked me if that tree was 4
growing the other day…but the records building for Lourdes and one of 5
the sore spots from days past is GESA’s data center which looks like a 6
barn right next to kind of houses and apartments and stuff. So the 7
compromise here is, this is one of those, if we want it to develop, we 8
need to give them a reasonable path to make it harmonious but not 9
economically burdensome. 10
COMMISSIONER ROACH: I guess I would say, I don’t want it to 11
develop as a mini-storage, personally. That’s what…I understand 12
that’s what the person is trying to do but… 13
COMMISSIONER GREENAWAY: Well they already own the other half. 14
They’ve already got storage there so… 15
COMMISSIONER ROACH: Yeah, they could sell it. 16
CHAIRMAN CRUZ: Well, and so, and so this is one of the subtleties 17
and one of the reasons why this corner is still soft from a 18
development because utilities aren’t there. 19
COMMISSIONER ROACH: Right. 20
CHAIRMAN CRUZ: Unless these parcels were bigger, we might have a 21
chance to see new development come in and change it around. 22
Page 106 of 204
7
Krystle Shanks, Administrative Assistant II
City of Pasco – Community & Economic Development Department
Especially with the County parcel being right there. I think, you 1
know, if the developers, if the owners, are ought to develop this and 2
that corner continues increasing in value, then a mini-storage 3
wouldn’t be there forever. I just think, I don’t know. This is one 4
of those compromise ones. If…I would rather see it develop nicely 5
than stay as a vacant lot. I’m not happy about it as a mini-storage 6
but anyway. Other people chime in, please. 7
COMMISSIONER PORTUGAL: The place, it doesn’t look really 8
aesthetically pleasing so…there is another storage facility like 9
nearby and it’s really really awesome so I hope they can do the same. 10
CHAIRMAN CRUZ: Again, bigger piece of property, setbacks, fences 11
and stuff like that. I’m sure they weren’t super happy about that 12
either but it’s harmonious. 13
COMMISSIONER BOWERS: So, Joe, you know we just had this whole 14
conversation about how much space we need, how much space we need, and 15
I know this is a little too tiny to do residential. But it seems like 16
we just keep making these compromises right now and then opportunities 17
are lost. Talk me down. 18
CHAIRMAN CRUZ: But that’s not a residential site. That will 19
always be C- of some sort. And so, the R-2 next to it, realistically, 20
probably if it weren’t next to the RS-1 right before it that could be 21
multi-family if this were developed more optimally. That should and 22
Page 107 of 204
8
Krystle Shanks, Administrative Assistant II
City of Pasco – Community & Economic Development Department
always will be a commercial priority. I mean, think about the node 1
discussion. We had either all four of those corners that should be 2
commercial in one form or another. 3
COMMISSIONER BOWERS: Right. 4
CHAIRMAN CRUZ: This is a commercial use. It’s not an awesome 5
commercial use but it is a commercial use. And like I said, if you 6
look at it 25-30 years from now and that corner comes alive, you can 7
build mini-storage, cheap out somewhere else, not on a prime retail 8
corner. That’s what I think will happen with it. 9
Others? Ok, I would entertain a motion. 10
COMMISSIONER MYHRUM: I move to close the hearing on the proposed 11
special permit and set June 21, 2018 as the date for deliberations and 12
development of a recommendation for the City Council. 13
COMMISSIONER GREENAWAY: Second. 14
CHAIRMAN CRUZ: Ok, moved by Commissioner Myhrum, seconded by 15
Commissioner Greenaway. All those in favor say, aye. 16
COMMISSIONERS: Aye. 17
CHAIRMAN CRUZ: Ok, all opposed. 18
COMMISSIONER BOWERS & COMMISSIONER ROACH: Nay. 19
CHAIRMAN CRUZ: Alright, so the motion carries with Bower and Roach 20
dissenting. 21
COMMISSIONER BOWERS: Bowers. 22
Page 108 of 204
9
Krystle Shanks, Administrative Assistant II
City of Pasco – Community & Economic Development Department
CHAIRMAN CRUZ: Bowers, I’m sorry. Did I not say the ‘s’? Ok, I’m 1
getting there. 2
3
4
5
6
(CONCLUDED.) 7
8
Page 109 of 204
1
Krystle Shanks, Administrative Assistant II
City of Pasco – Community & Economic Development Department
1
STATE OF WASHINGTON 2
CITY OF PASCO 3
In Re: Special Permit for ) 4
Mor-Stor Mini Storage ) Master File # SP 2018-005 5
Expansion [Melina Pucket ) 6
(Successor Trustee)] ) 7
8
9
EXCERPT OF THE PASCO PLANNING COMMISSION MEETING 10
11
12
TIME: 7:00 p.m., Thursday, June 21, 2018 13
TAKEN AT: Pasco City Hall 14
Pasco, Washington 15
CALLED BY: City of Pasco 16
REPORTED BY: Krystle Shanks, Administrative Assistant II 17
City of Pasco 18
Community & Economic Development Department 19
Page 110 of 204
2
Krystle Shanks, Administrative Assistant II
City of Pasco – Community & Economic Development Department
1
APPEARANCES 2
FOR THE PASCO PLANNING COMMISSION: 3
POSITION 1 - COMMISSIONER TANYA BOWERS 4
POSITION 2 - COMMISSIONER JOSEPH CAMPOS 5
POSITION 3 - COMMISSIONER PAUL MENDEZ 6
POSITION 4 - COMMISSIONER ALECIA GREENAWAY 7
POSITION 5 – VACANT 8
POSITION 6 – COMMISSIONER ISAAC MYHRUM 9
POSITION 7 – CHAIRWOMAN ZAHRA ROACH 10
POSITION 8 – ABSENT 11
POSITION 9 - ABSENT 12
13
ALSO PRESENT: 14
15
MR. RICK WHITE 16
MS. DARCY BOURCIER 17
MS. KRYSTLE SHANKS 18
19
Page 111 of 204
3
Krystle Shanks, Administrative Assistant II
City of Pasco – Community & Economic Development Department
1
BE IT REMEMBERED that on Thursday, June 21, 2018 at 7:00 p.m., at 2
Pasco City Hall, Pasco, Washington, the Pasco Planning Commission 3
Meeting was taken before Krystle Shanks, Administrative Assistant II 4
of the Community & Economic Development Department for the City of 5
Pasco. The following proceedings took place: 6
7
PROCEEDINGS 8
9
CHAIRWOMAN ROACH: Now on to item C of Old Business, special 10
permit, Mor-Stor Mini Storage Expansion, master file SP 2018-005. 11
MS. BOURCIER: Thank you, Commission. Since the last meeting, 12
Staff has further discussed proposed traffic mitigations for Road 86 13
and Court Street that will require the property owner to dedicate 14
necessary amount of right-of-way for whatever the mitigation factors 15
will be. So, a roundabout is being considered at this intersection so 16
we’ve added a condition stating that the owners, developer and City 17
must develop and execute a GMA development agreement for the 18
dedication of right-of-way. And we’ve also added a few more 19
conditions in here related to fire hydrants and Road 68 and Court 20
Street site triangle per our Engineering Department. So just a few 21
adjustments to the conditions. 22
Page 112 of 204
4
Krystle Shanks, Administrative Assistant II
City of Pasco – Community & Economic Development Department
Any questions? 1
CHAIRWOMAN ROACH: Perhaps. Do any of the other Commissioners 2
have questions at this moment? (Silence.) 3
Can you specify again what number the condition is for the fire 4
hydrant, please? 5
CHAIRWOMAN ROACH: Oh, it’s on the handout. 6
MS. BOURCIER: Yeah, I handed out a new staff report. 7
CHAIRMWOMAN ROACH: That’s why I haven’t seen that. Ok, just 8
give us a moment because we haven’t seen this. It was at our bench as 9
we got here. We didn’t get this ahead of time. 10
MS. BOURCIER: It’s number 12 and 13 that talks about the fire 11
hydrants. 12
COMMISSIONER GREEANWAY: And the petitioner has no problem with 13
it? 14
MS. BOURCIER: Um…we haven’t heard anything. 15
COMMISSIONER GREENAWAY: Ok. 16
MS. BOURCIER: This is pretty standard. You know, Engineering 17
comments. 18
MR. WHITE: But I just want to make sure the Commission knows, the 19
condition for development agreement for the potential right-of-way is 20
not standard. As a matter of fact, we haven’t done a GMA developer 21
agreement yet. It was added to the Municipal Code maybe 6-8 months ago. 22
Page 113 of 204
5
Krystle Shanks, Administrative Assistant II
City of Pasco – Community & Economic Development Department
The Commission considered the code amendment but we haven’t had the 1
practical application yet. So, and that will be coming back to the 2
Commission at some point because the public hearing is held here and 3
then the recommendation is just like with a special permit or zone 4
change, goes to City Council from the Planning Commission. 5
COMMISSIONER GREENAWAY: Thank you. It’s just we added 5 more 6
different things for it and we had already zoned this once before and 7
this is a re-up. So I want to make sure they were aware of all these 8
changes. 9
MS. BOURCIER: Um, these… 10
MR. WHITE: These came about today. I do not think that they are 11
aware. 12
COMMISSIONER GREENAWAY: OK. Ok, thank you. 13
CHAIRWOMAN ROACH: So is there a need to give them notification 14
about this instead of moving this forward? 15
MR. WHITE: Um, I think what I would recommend is that we continue 16
on this path because you are going to get the chance…if we postpone it 17
we’re simply moving tonight’s decision ahead one month and we would 18
still likely have to enter into some kind of agreement for the right-of-19
way that’s going to require more process here. So I think we’ll be time 20
ahead if we just formulate a condition and they can have the opportunity 21
Page 114 of 204
6
Krystle Shanks, Administrative Assistant II
City of Pasco – Community & Economic Development Department
to address the Commission when it comes back to you with a development 1
agreement. 2
CHAIRWOMAN ROACH: Ok, any other questions? (Silence.) 3
I would entertain a motion. 4
COMMISSIONER CAMPOS: I move to adopt findings of fact and 5
conclusions, therefrom, as contained in the June 21, 2018 staff report. 6
COMMISSIONER GREENAWAY: I second it. 7
COMMISSIONER CAMPOS: I move based on the findings of fact… 8
CHAIRMWOMAN ROACH: Oh wait, sorry. I want to make sure I was on 9
the correct page. All those in favor of the first motion? 10
COMMISSIONERS: Aye. 11
CHAIRWOMAN ROACH: Any opposed? 12
COMMISSIONER BOWERS: Nay. 13
CHAIRWOMAN ROACH: Nay. We have one dissenting, Commissioner 14
Bowers. Go ahead. 15
COMMISSIONER CAMPOS: I move based on the findings of fact and 16
conclusions, therefrom, the Planning Commission recommend the City 17
Council grant a special permit to Melina Puckett (Successor Trustee) for 18
the expansion of the Mor-Stor Mini Storage Facility in a C-1 Zoning 19
District at 1420 Road 68 with conditions as contained in the June 21, 20
2018 staff report. 21
COMMISSIONER GREENAWAY: Seconded it. 22
Page 115 of 204
7
Krystle Shanks, Administrative Assistant II
City of Pasco – Community & Economic Development Department
CHAIRWOMAN ROACH: All those in favor? 1
COMMISSIONERS: Aye. 2
CHAIRWOMAN ROACH: Any opposed? 3
COMMISSIONER BOWERS: Nay. 4
CHAIRWOMAN ROACH: Ok. Let the record show that Commissioner…it 5
was moved by Commissioner Campos, seconded by Commissioner Greenaway and 6
there was one dissenting vote, Commissioner Bowers. 7
And what will…we’ll see this again next month? 8
MS. BOURCIER: Um, yes, this will be…oh, sorry. This goes to the 9
Council meeting. The first Council meeting in July. 10
CHAIRWOMAN ROACH: Alright, thank you. 11
12
13
14
15
(CONCLUDED.) 16
17
Page 116 of 204
AGENDA REPORT
FOR: City Council August 13, 2018
TO: Dave Zabell, City Manager
Regular Meeting: 8/20/18
FROM: Steve Worley, Public Works Director
Public Works
SUBJECT: Chapel Hill Boulevard LID Formation (Project No. 16-030)
I. REFERENCE(S):
Resolution No. 3829
Estimated Project Costs
Ordinance
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to adopt Ordinance No. ____ relating to full roadway
improvements that includes road construction to three-lane and five-lane design, curb,
gutter, sidewalk, storm drain system, street lighting, and landscaping (collectively, the
“Improvements”); ordering the improvement of Chapel Hill Boulevard from Road 68
to Road 84, including the intersection with Road 76, all in accordance with Resolution
No. 3829 of the City Council; establishing Local Improvement District No. 150, and
ordering the carrying out of the proposed improvements; providing that payment for
the improvements be made by special assessments upon the property in the District,
payable by the mode of “payment by bonds;” and providing for the issuance and sale of
local improvement district warrants redeemable in cash or other short-term financing
and local improvement district bonds, and, further, authorize publication b y summary
only.
III. FISCAL IMPACT:
Estimated Project Cost: $11.2M
City Participation: $2.9M
IV. HISTORY AND FACTS BRIEF:
Page 117 of 204
The Project
In 2016, Department of Natural Resources (DNR) parceled and sold 230 acres bounded
by Road 84, Road 68, Argent Road and the Franklin County Irrigation District (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.
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 benefiting
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. On May 7, 2018, Council moved to continue the Public Hearing until a date to
be announced in the future with at least 2 weeks notice to property owners. August 6,
2018 was selected as the appropriate date.
V. DISCUSSION:
The design and construction of this project is currently estimated to be at $8.7 million,
with up to $2.45 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 previously
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
Page 118 of 204
residential. There is greater benefit to commercial property values with the construction
of a road because access to these properties is vital to their economic development.
Therefore, properties with commercial uses typically see greater benefit and higher
assessment values than residential properties. A new Special Benefits Analysis will be
prepared to further ensure fair distribution of LID costs.
Staff has met with interested property owners with the goal of reaching consensus on a
path forward. The plan presented this evening is the result of dialogue and compromise
regarding LID costs and elements for a solution that benefits both the property owners
and the City.
Page 119 of 204
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 120 of 204
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 121 of 204
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 122 of 204
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Chapel Hill Boulevard LID Area
Exhibit APage 123 of 204
1 t
I- TRAIL 'LANDSCAPE TRAVEL LANE 1 _CENTER LANE I TRAVEL LANE --I LANDSCAPE'SIDEWALK
12'
Chapel Hill Boulevard Three Lane Section
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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 124 of 204
/Users/erleworley/Documents/Pasco/Copy of 2018-04-13 Preliminary Assessment Roll Chapel Hill Blvd.xlsx
8/1/18
City of Pasco
Chapel Hill Boulevard LID
ESTIMATED PROJECT COSTS
Design and Construction
Chapel Hill Boulevard - Road 68 to Road 76*$3,763,517
Chapel Hill Boulevard - Road 76 to Road 84*$4,263,951
Subtotal $8,027,468
* Includes 8.6% sales tax on Utilities, 15% Contingency, 12% Design Engineering, 13% Constr. Admin
DNR Right-of-Way Purchase $690,000
(2525’ x 50’ (north side) + 929’ x 50’ (south side) = 172,700 sq feet (3.97 acres) X $4.00/sf)
LID Cost
3.0% LID Financing Cost (w/out DNR ROW)$240,824
Interim Finacing $320,000
Establishment of Escrow $931,000
LID Guarantee Fund - 10% (w/out DNR ROW)$951,929
Subtotal $2,443,753
Total Project Cost - (PE, RW, CN, Financing)$11,161,221
Less City Contribution
5-lane Upgrade - Rd 76 to 68 $253,952
Roundabout Upgrades $1,000,000
LID Guarantee Fund $951,929
Traffic Impact Fee Credit (DNR ROW)$690,000
Subtotal $2,895,881
Total LID Cost to be Assessed (w/ Interim Financing)$8,265,340
Total LID Cost to be Assessed (w/out Interim Financing)$7,945,340
Note: The costs provided above are for information only. Estimated project
costs are subject to change based on the selected scope of improvements.
Page 125 of 204
-1-
CITY OF PASCO, WASHINGTON
ORDINANCE NO. __________
AN ORDINANCE of the City of Pasco, Washington, relating to full
roadway improvements that includes road construction to three-lane and five-lane
design, curb, gutter, sidewalk, storm drain system, street lighting, and landscaping
(collectively, the “Improvements”); ordering the improvement of Chapel Hill
Boulevard from Road 68 to Road 84, including the intersection with Road 76, all
in accordance with Resolution No. 3829 of the City Council; establishing Local
Improvement District No. 150, and ordering the carrying out of the proposed
improvements; providing that payment for the improvements be made by special
assessments upon the property in the District, payable by the mode of “payment
by bonds;” and providing for the issuance and sale of local improvement district
warrants redeemable in cash or other short-term financing and local improvement
district bonds.
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES HEREBY
ORDAIN as follows:
Section 1. RECITALS AND FINDINGS.
1.1 By Resolution No. 3829 adopted 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, with full roadway improvements that includes road
construction to three-lane and five-lane design, curb, gutter, sidewalk, storm drain system, street
lighting, and landscaping. Resolution No. 3829 fixed May 7, 2018, at 7:00 p.m., local time, in
the City Council Chambers of the City Hall as the time and place for hearing all matters relating
to the proposed improvement and all comments thereon and objections thereto and for
determining the method of payment for the improvement (the “formation hearing”). The hearing
was continued to August 6, 2018 at 7:00 p.m., local time, in the City Council Chambers of the
City Hall.
1.2 The City Engineer caused an estimate to be made of the cost and expense of the
proposed improvements and certified that estimate to the City Council, together with all papers
and information in his possession touching the proposed improvement, a description of the
boundaries of the proposed local improvement district and a statement of what portion of the cost
and expense of the improvement should be borne by the property within the proposed district.
The Engineer’s estimate is accompanied by a diagram of the proposed improvement showing
thereon the lots, tracts, parcels of land, and other property which will be specially benefited by
the proposed improvement and the estimated cost and expense thereof to be borne by each lot,
tract and parcel of land or other property.
Page 126 of 204
-2-
1.3 Due notice of the formation hearing was given in the manner provided by law, or
such notice was waived by property owners as needed. The formation hearing was held by the
City Council on the dates and at the time above-mentioned, and all objections to the proposed
improvement were duly considered by the City Council. All persons appearing at such hearing
and wishing to be heard were heard.
1.4 The City Council determines it to be in the best interests of the City that the
improvement as hereinafter described be carried out and that a local improvement district be
created in connection therewith.
1.5 The Improvements will satisfy transportation concurrency requirements for
properties within the LID, including no further requirement for the properties to prepare
transportation impact analyses (TIAs) or to further address offsite traffic impacts prior to
development.
Section 2. IMPROVEMENTS ORDERED. The City Council of the City of Pasco,
Washington (the “City”), orders the improvement of the properties within the area described in
Exhibit B, by the improvement of Chapel Hill Boulevard as a principal arterial from Road 68 to
Road 84, including the intersection with Road 76, to full roadway improvements that includes
road construction to three-lane and five-lane design, curb, gutter, sidewalk, storm drain system,
street lighting, and landscaping, as more particularly described in Exhibit A (the
“Improvements”). The Improvements shall be in accordance with the plans and specifications
therefor prepared by the City Engineer, and may be modified by the City Council as long as such
modification does not affect the purpose of the Improvements.
Section 3. LID 150 CREATED. There is created and established a local
improvement district to be called Local Improvement District No. 150 of the City of Pasco,
Washington (the “District”), the boundaries or territorial extent of the District being more
particularly described in Exhibit B attached hereto and by this reference incorporated herein.
Section 4. IMPROVEMENT COSTS ESTIMATED. The total current estimated cost
and expense of the Improvements is declared to be $11.16 million, of which an estimated
$7,014,340 is to be assessed against the properties within the LID. The Cost and expense of the
Improvements shall be borne by and assessed against the property specially benefited by such
Improvements included in the District which embraces as nearly as practicable all property
specially benefited by such Improvements. The City reserves the right under RCW 35.44.020 to
exclude costs and expense of the Improvements from the cost and expense to be assessed against
the property within LID 150 and may pay from any other moneys available therefor if the City
Council so designates by ordinance at any time. The City presently identifies the following costs
for payment by the City:
• Upgrade to 5-lane section (beyond 3-lane section) between Road 76 and Road 68;
• Roundabouts at Road 84 and Road 76;
• Right of way acquisition from Department of Natural Resources;
• LID Guarantee Fund and other financing (not including interest on LID installment
payments).
Page 127 of 204
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The forgoing is premised on the current plan for the confirmation of the final assessment roll and
the issuance of bonds to finance construction of the Improvements and the resulting avoidance of
substantial interim financing costs.
Section 5. ASSESSMENT METHODS. In accordance with the provisions of
RCW 35.44.047, the City may use any method or combination of methods to compute
assessments which may be deemed to more fairly reflect the special benefits to the properties
being assessed than the statutory method of assessing the properties. Actual assessments may
vary from assessment estimates so long as they do not exceed a figure equal to the increased true
and fair value the Improvements add to the property within the LID.
Section 6. INTERIM AND BOND FINANCING AUTHORIZED.
6.1 Local improvement district warrants may be issued in payment of the cost and
expense of the Improvements herein ordered to be assessed, such warrants to be paid out of the
Local Improvement Fund, District No. 150, hereinafter created and referred to as the Local
Improvement Fund, and, until the bonds referred to in this section are issued and delivered to the
purchaser thereof, to bear interest from the date thereof at a rate to be established hereafter by the
City’s Finance Manager, as issuing officer, and to be redeemed in cash and/or by local
improvement district bonds herein authorized to be issued, such interest-bearing warrants to be
hereafter referred to as “revenue warrants.” In the alternative, the City hereafter may provide by
ordinance for the issuance of other short-term obligations pursuant to chapter 39.50 RCW.
6.2 If the City shall authorize expenditures to be made for such Improvements (other
than for any cost or expense expected to be borne by the City) prior to the date that any short-
term obligations or local improvement district bonds are issued to finance the Improvements,
from proceeds of interfund loans or other funds that are not, and are not reasonably expected to
be, reserved, allocated on a long-term basis or otherwise set aside to pay the cost of the
Improvements herein ordered to be assessed against the property specially benefited thereby, the
City declares its official intent that those expenditures, to the extent not reimbursed with prepaid
special benefit assessments, are to be reimbursed from proceeds of short-term obligations or
local improvement district bonds that are expected to be issued for the Improvements in the
estimated principal amount not exceeding $11.16 million.
6.3 The City is authorized to issue local improvement district bonds for the District
which shall bear interest at a rate and be payable on or before a date to be hereafter fixed by
ordinance. The bonds shall be issued in exchange for and/or in redemption of any and all
revenue warrants issued hereunder or other short-term obligations hereafter authorized and not
redeemed in cash within twenty days after the expiration of the thirty-day period for the cash
payment without interest of assessments on the assessment roll for the District. The bonds shall
be paid and redeemed by the collection of special assessments to be levied and assessed against
the property within the District, payable in annual installments, with interest at a rate to be
hereafter fixed by ordinance under the mode of “payment by bonds,” as defined by law and the
ordinances of the City. The exact form, amount, date, interest rate and denominations of such
Page 128 of 204
-4-
bonds hereafter shall be fixed by ordinance of the City Council. Such bonds shall be sold in such
manner as the City Council hereafter shall determine.
Section 7. CONSTRUCTION. In all cases where the work necessary to be done in
connection with the making of such Improvements is carried out pursuant to contract upon
competitive bids (and the City shall have and reserves the right to reject any and all bids), the
call for bids shall include a statement that payment for such work may be made in cash warrants
drawn upon the Local Improvement Fund or by check or other lawful instrument through the City
LID Construction Fund, LID 150 Account, for and on behalf of the District.
Section 8. LID FUND CREATED. The Local Improvement Fund for the District is
created and established in the office of the City Finance Manager. The proceeds from the sale of
revenue warrants or other short-term obligations drawn against the fund which may be issued and
sold by the City and the collections of special assessments, interest and penalties thereon shall be
deposited in the Local Improvement Fund. Cash warrants to the contractor or contractors in payment
for the work to be done by them in connection with the Improvements and cash warrants in payment
for all other items of expense in connection with the Improvements may be issued against the Local
Improvement Fund. Alternatively, payment to the contractor or contractors may be made through
the City LID Construction Fund, LID 150 Account, for and on behalf of the District.
Section 9. LID NOTICE. Within 15 days of the passage of this ordinance there shall
be filed with the City Clerk the title of the Improvements and District number, a copy of the
diagram or print showing the boundaries of the District and the preliminary assessment roll or
abstract of such roll showing thereon the lots, tracts and parcels of land that will be specially
benefited thereby and the estimated cost and expense of such Improvements to be borne by each
lot, tract or parcel of land. The City Clerk immediately shall post the proposed assessment roll
upon her index of local improvement assessments against the properties affected by the local
Improvements. The City may, but need not, give notice of the LID through other means,
including but not limited to recording of this ordinance.
PASSED by the City Council and APPROVED by the Mayor of the City of Pasco,
Washington, at a regular open public meeting thereof, this 20th day of August, 2018.
Page 129 of 204
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Matt Watkins, Mayor
ATTEST:
Daniela Erickson, City Clerk
APPROVED AS TO FORM:
Leland B. Kerr, City Attorney
Page 130 of 204
Exhibit A
EXHIBIT A
LID 150 – Chapel Hill Boulevard Street Improvements
In – From – To Description
In Street From To
Chapel Hill Boulevard* Road 68 Road 84
* Including the intersection with Road 76
The LID 150 Improvements include full roadway improvements that includes road construction
to three-lane and five-lane design, curb, gutter, sidewalk, storm drain system, street lighting and
landscaping.
Page 131 of 204
Exhibit B - 1
EXHIBIT B
LID No. 150 –Improvements
Legal description of the LID boundary:
County Parcel # Legal Description
117510033 Lot 1 of Record Survey 1847849
117510036 Lot 4 of Record Survey 1847849
117510038 Lot 6 of Record Survey1847849
117510039 Lot 7 of Record Survey1847849
117510041 Chiawana Heights Phase 1, Lot 1
117510042 Chiawana Heights Phase 1, Lot 2
117510043 Chiawana Heights Phase 1, Lot 3
117510044 Chiawana Heights Phase 1, Lot 4
117510045 Chiawana Heights Phase 1, Lot 5
117510046 Chiawana Heights Phase 1, Lot 6
117510047 Chiawana Heights Phase 1, Lot 7
117510048 Chiawana Heights Phase 1, Lot 8
117510049 Chiawana Heights Phase 1, Lot 9
117510050 Chiawana Heights Phase 1, Lot 10
117510051 Chiawana Heights Phase 1, Lot 11
117510052 Chiawana Heights Phase 1, Lot 12
117510053 Chiawana Heights Phase 1, Lot 13
117510054 Chiawana Heights Phase 1, Lot 14
117510055 Chiawana Heights Phase 1, Lot 15
117510056 Chiawana Heights Phase 1, Lot 16
117510057 Chiawana Heights Phase 1, Lot 17
117510058 Chiawana Heights Phase 1, Lot 18
117510059 Chiawana Heights Phase 1, Lot 19
117510060 Chiawana Heights Phase 1, Lot 20
117510061 Chiawana Heights Phase 1, Lot 21
117510062 Chiawana Heights Phase 1, Lot 22
117510063 Chiawana Heights Phase 1, Lot 23
117510064 Chiawana Heights Phase 1, Lot 24
117510065 Chiawana Heights Phase 1, Lot 25
117510066 Chiawana Heights Phase 1, Lot 26
117510067 Chiawana Heights Phase 1, Lot 27
117510068 Chiawana Heights Phase 1, Lot 28
117510069 Chiawana Heights Phase 1, Lot 29
117510070 Chiawana Heights Phase 1, Lot 30
Page 132 of 204
Exhibit B - 2
117510071 Chiawana Heights Phase 1, Lot 31
117510072 Chiawana Heights Phase 1, Lot 32
117510073 Chiawana Heights Phase 1, Lot 33
117510074 Chiawana Heights Phase 1, Lot 34
117510075 Chiawana Heights Phase 1, Lot 35
117510076 Chiawana Heights Phase 1, Lot 36
117510077 Chiawana Heights Phase 1, Lot 37
117510078 LOT 3 OF RECORD SURVEY 1847849 EXCEPT CHIAWANA
HEIGHTS PHASE 1
117510081 Riverhawk Estates Phase 1, Lot 1
117510082 Riverhawk Estates Phase 1, Lot 2
117510083 Riverhawk Estates Phase 1, Lot 3
117510084 Riverhawk Estates Phase 1, Lot 4
117510085 Riverhawk Estates Phase 1, Lot 5
117510086 Riverhawk Estates Phase 1, Lot 6
117510087 Riverhawk Estates Phase 1, Lot 7
117510088 Riverhawk Estates Phase 1, Lot 8
117510089 Riverhawk Estates Phase 1, Lot 9
117510090 Riverhawk Estates Phase 1, Lot 10
117510091 Riverhawk Estates Phase 1, Lot 11
117510092 Riverhawk Estates Phase 1, Lot 12
117510093 Riverhawk Estates Phase 1, Lot 13
117510094 Riverhawk Estates Phase 1, Lot 14
117510095 Riverhawk Estates Phase 1, Lot 15
117510096 Riverhawk Estates Phase 1, Lot 16
117510097 Riverhawk Estates Phase 1, Lot 17
117510098 Riverhawk Estates Phase 1, Lot 18
117510099 Riverhawk Estates Phase 1, Lot 19
117510100 Riverhawk Estates Phase 1, Lot 20
117510101 Riverhawk Estates Phase 1, Lot 21
117510102 Riverhawk Estates Phase 1, Lot 22
117510103 Riverhawk Estates Phase 1, Lot 23
117510104 Riverhawk Estates Phase 1, Lot 24
117510105 Riverhawk Estates Phase 1, Lot 25
117510106 Riverhawk Estates Phase 1, Lot 26
117510107 Riverhawk Estates Phase 1, Lot 27
117510108 Riverhawk Estates Phase 1, Lot 28
117510109 Riverhawk Estates Phase 1, Lot 29
117510110 Riverhawk Estates Phase 1, Lot 30
117510111 Riverhawk Estates Phase 1, Lot 31
117510112 Riverhawk Estates Phase 1, Lot 32
Page 133 of 204
Exhibit B - 3
117510113 Riverhawk Estates Phase 1, Lot 33
117510114 Riverhawk Estates Phase 1, Lot 34
117510115 Riverhawk Estates Phase 1, Lot 35
117510116 Riverhawk Estates Phase 1, Lot 36
117510117 Riverhawk Estates Phase 1, Lot 37
117510118 Riverhawk Estates Phase 1, Lot 38
117510119 Riverhawk Estates Phase 1, Lot 39
117510120 Riverhawk Estates Phase 1, Lot 40
117510121 Riverhawk Estates Phase 1, Lot 41
117510122 Riverhawk Estates Phase 1, Lot 42
117510123 Riverhawk Estates Phase 1, Lot 43
117510124 Riverhawk Estates Phase 1, Lot 44
117510125 Riverhawk Estates Phase 1, Lot 45
117510126 Riverhawk Estates Phase 1, Lot 46
117510127 Riverhawk Estates Phase 1, Lot 47
117510128 Riverhawk Estates Phase 1, Lot 48
117510129 Riverhawk Estates Phase 1, Lot 49
117510130 Riverhawk Estates Phase 1, Lot 50
117510131 Riverhawk Estates Phase 1, Lot 51
117510132 Riverhawk Estates Phase 1, Lot 52
117510133 Riverhawk Estates Phase 1, Lot 53
117510134 Riverhawk Estates Phase 1, Lot 54
117510135 Riverhawk Estates Phase 1, Lot 55
117510136 Riverhawk Estates Phase 1, Lot 56
117510137 Riverhawk Estates Phase 1, Lot 57
117510138 Riverhawk Estates Phase 1, Lot 58
117510139 Riverhawk Estates Phase 1, Lot 59
117510140 Riverhawk Estates Phase 1, Lot 60
117510141 Riverhawk Estates Phase 1, Lot 61
117510142 Riverhawk Estates Phase 1, Lot 62
117510143 Riverhawk Estates Phase 1, Lot 63
117510144 Riverhawk Estates Phase 1, Lot 64
117510145 Riverhawk Estates Phase 1, Lot 65
117510146 Riverhawk Estates Phase 1, Lot 66
117510147 Riverhawk Estates Phase 1, Lot 67
117510148 Riverhawk Estates Phase 1, Lot 68
117510149 Riverhawk Estates Phase 1, Lot 69
117510150 Riverhawk Estates Phase 1, Lot 70
117510151 Riverhawk Estates Phase 1, Lot 71
117510152 Riverhawk Estates Phase 1, Lot 72
117510153 Riverhawk Estates Phase 1, Lot 73
Page 134 of 204
Exhibit B - 4
117510154 Riverhawk Estates Phase 1, Lot 74
117510155 Riverhawk Estates Phase 1, Lot 75
117510156 Riverhawk Estates Phase 1, Lot 76
117510157 Riverhawk Estates Phase 1, Lot 77
117510158 Riverhawk Estates Phase 1, Lot 78
117510159 Riverhawk Estates Phase 1, Lot 79
117510160 Riverhawk Estates Phase 1, Lot 80
117510161 Riverhawk Estates Phase 1, Lot 81
117510162 Riverhawk Estates Phase 1, Lot 82
117510163 Riverhawk Estates Phase 1, Lot 83
117510164 Riverhawk Estates Phase 1, Lot 84
117510165 Riverhawk Estates Phase 1, Lot 85
117510166 Riverhawk Estates Phase 1, Tract A
117510167 Riverhawk Estates Phase 1, Tract B
117581010 THAT PORTION OF THE NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 16, TOWNSHIP 9
NORTH, RANGE 29 EAST, WM, FRANKLIN COUNTY,
WASHINGTON, LYING EASTERLY OF THE EASTERLY
RIGHT OF WAY LINE OF THE NORTH ROAD 84 PER THE
RIGHT OF WAY DEED RECORDED UNDER AUDITORS
FILE NUMBER 1869069 AND NORTHERLY OF THE LINE
DESCRIBED AS FOLLOWS: COMMENCING AT THE
NORTHWEST CORNER OF ABOVE SAID NORTHWEST
QUARTER; THENCE NORTH 89°17’14”EAST ALONG THE
NORTHERLY LINE THEREOF 40.01 FEET TO A POINT ON
THE EASTERLY RIGHT OF WAY LINE OF NORTH ROAD 84
PER THE RIGHT OF WAY DEED RECORDED UNDER
AUDITORS FILE NUMBER 1869069, RECORDS OF
FRANKLIN COUNTY WASHINGTON; THENCE SOUTH
01°10’30”WEST ALONG SAID RIGHT OF WAY LINE 547.60
FEET TO THE TRUE POINT OF BEGINNING; THENCE
SOUTH 78°49’30”EAST, 53.52 FEET TO THE BEGINNING OF
A CURVE TO THE RIGHT, THE RADIUS OF WHICH BEARS
SOUTH 11°10’30”WEST, 800.00 FEET; THENCE
SOUTHEASTERLY ALONG SAID CURVE 67.66 FEET;
THENCE SOUTH 73°58’44”EAST, 488.23 FEET TO THE
BEGINNING OF A CURVE TO THE LEFT, THE RADIUS OF
WHICH BEARS NORTH 16°01’16”EAST, 1500.00 FEET;
THENCE SOUTHEASTERLY ALONG SAID CURVE 330.06
FEET; THENCE SOUTH 86°35’10”EAST, 119.76 FEET TO THE
BEGINNING OF A CURVE TO THE RIGHT, THE RADIUS OF
WHICH BEARS SOUTH 03°24’50”WEST, 1000.00 FEET;
THENCE SOUTHEASTERLY ALONG SAID CURVE 68.52
FEET; THENCE SOUTH 82°39’37”EAST, 130.61 FEET TO THE
BEGINNING OF A CURVE TO THE RIGHT, THE RADIUS OF
Page 135 of 204
Exhibit B - 5
WHICH BEARS SOUTH 07°20'23" WEST, 500.00 FEET;
THENCE SOUTHEASTERLY ALONG SAID SURVEY 50.22
FEET TO THE POINT OF TERMINUS AND EASTERLY
BOUNDARY OF ABOVE SAID NORTHWEST QUARTER.
117582019 THAT PORTION OF THE NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 16, TOWNSHIP 9
NORTH, RANGE 29 EAST, WM, FRANKLIN COUNTY,
WASHINGTON, LYING NORTHERLY OF THE FRANKLIN
COUNTY IRRIGATION DISTRICT CANAL, EASTERLY OF
THE EASTERLY RIGHT OF WAY LINE OF NORTH ROAD 84
PER THE RIGHT OF WAY DEED RECORDED UNDER
AUDITOR FILE NUMBER 1869069 AND SOUTHERLY OF
THE LINE DESCRIBED AS FOLLOWS: COMMENCING AT
THE NORTHWEST CORNER OF ABOVE SAID NORTHWEST
QUARTER; THENCE NORTH 89°17’14”EAST ALONG THE
NORTHERLY LINE THEREOF, 40.01 FEET TO THE POINT
ON THE EASTERLY RIGHT OF WAY LINE OF NORTH
ROAD 84 PER THE RIGHT OF WAY DEED RECORDED
UNDER AUDITORS; FILE NUMBER 1869069, RECORDS OF
FRANKLIN COUNTY; THENCE SOUTH 01°10’30”WEST
547.60 FEET TO THE TRUE POINT OF BEGINNING; THENCE
SOUTH 78°49’30”EAST 52.52 FEET TO THE BEGINNING OF
A CURVE TO THE RIGHT, THE RADIUS OF WHICH BEARS
SOUTH 11°10’30”WAST 800.00 FEET; THENCE
SOUTHEASTERLY ALONG SAID CURVE 67.66 FEET;
THENCE SOUTH 73°58’44”EAST, 488.23 FEET TO THE
BEGINNING OF A CURVE TO THE LEFT, THE RADIUS OF
WHICH BEARS NORTH 16°01’16” EAST 1500.00 FEET;
THENCE SOUTHEASTERLY ALONG SAID CURVE 330.06
FEET; THENCE SOUTH 86°35’10”EAST 119.76 FEET TO THE
BEGINNING OF A CURVE TO THE RIGHT, THE RADIUS OF
WHICH BEARS SOUTH 03°24’50”WEST 1000.00 FEET;
THENCE SOUTHEASTERLY ALONG SAID CURVE 68.52
FEET; THENCE SOUTH 82°39’37”EAST, 130.61 FEET TO THE
BEGINNING OF A CURVE TO THE RIGHT THE RADIUS OF
WHICH BEARS SOUTH 07°20’23”WEST 500.00 FEET;
THENCE SOUTHEASTERLY ALONG SAID CURVE 50.22
FEET TO THE POINT OF TERMINUS AND EASTERLY
BOUNDARY OF ABOVE SAID NORTHWEST QUARTER.
Page 136 of 204
CERTIFICATION
I, the undersigned, City Clerk of the City of Pasco, Washington (the “City”), hereby
certify as follows:
1. The attached copy of Ordinance No. ____ (the “Ordinance”) is a full, true and
correct copy of an ordinance duly passed at a regular meeting of the City Council of the City
held at the regular meeting place thereof on August 20, 2018, as that ordinance appears on the
minute book of the City; and the Ordinance will be in full force and effect five days after the
publication of its summary in the City’s official newspaper; and
2. A quorum of the members of the City Council was present throughout the
meeting and a majority of those members present voted in the proper manner for the passage of
the Ordinance.
IN WITNESS WHEREOF, I have hereunto set my hand this day of ,
2018.
CITY OF PASCO, WASHINGTON
Daniela Erickson, City Clerk
Page 137 of 204
AGENDA REPORT
FOR: City Council August 15, 2018
TO: Dave Zabell, City Manager
Rick White, Director
Community & Economic Development
Regular Meeting: 8/20/18
FROM: Angie Pitman, Urban Development
Coordinator
Community & Economic Development
SUBJECT: 2019 Community Development Block Grant (CDBG) Annual Work Plan and
Allocations (MF# BGAP 2018-003)
I. REFERENCE(S):
Proposed Resolution
Planning Commission Minutes Dated: 6/21/18 and 7/19/18
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution _____, approving the Program Year 2019
Community Development Block Grant Allocations and Annual Work Plan.
III. FISCAL IMPACT:
CDBG Entitlement for 2019 is estimated at $700,000 (plus program income)
IV. HISTORY AND FACTS BRIEF:
The City of Pasco receives an annual entitlement grant from United States Department
of Housing and Urban Development for the Community Development Block Grant
(CDBG) program authorized by Title I of the Housing and Community Redevelopment
Act.
The City’s grant allocation process is guided by Resolution 1969, approved in 1991,
which designates the Planning Commission as the Block Grant advisory committ ee and
addresses several community needs for which the CDBG program will provide
funding. The resolution places the highest priority on bricks and mortar physical
improvements and specifically excludes social service programs carried on by non-
profit organizations and governmental agencies designed to provide health, welfare,
and educational activities for individual persons. Recreation programs operated by the
Page 138 of 204
City do not fall under this definition of social service programs.
A "Request for Proposals" for 2019 CDBG funds was published in the Tri-City Herald
and Tu Decides newspapers in May. Thirteen (13) requests for grant funding were
received totaling $1,108,599.
The Planning Commission held public hearings and discussion at the June 21, 2018
and July 19, 2018 meetings. The public hearings solicited public comment on any
application for funding, or reallocation for the City of Pasco 2019 Community
Development Block Grant (CDBG) Program. At the public hearings, thirteen (13)
presentations were made relating to proposed activities.
V. DISCUSSION:
Staff presented recommendations for funding at the July 19, 2018 Planning
Commission Meeting. The Planning Commission recommended approval of funding
recommendations as presented.
There is always some question regarding funding levels approved by Congress. Actual
available funding for these FY 2019 activities will remain in question until the early
part of 2019 when the award is made. Staff recommends all projects not recommended
for whole or partial funding be put in the 2019 annual action plan as a contingency
projects should funds become available.
An amendment to the Annual Action Plan would be necessary to allocate unobligated
funds to any project not in the plan. If funding levels are lower than estimated, activity
funding will be reallocated prior to submission of the plan.
This item was discussed at the August 13, 2018 Council Workshop Meeting.
Page 139 of 204
RESOLUTION NO. _________
A RESOLUTION approving the Program Year 2019 Community Development Block Grant
Allocations and Annual Work Plan.
WHEREAS, staff has prepared the Program Year 2019 Annual Work Plan for activities totaling
$700,000 from estimated entitlement, program income and unobligated funds; AND
Now, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO:
Section 1. That the Pasco City Council hereby approves the Annual Work Plan as follows:
Activity Funding
CDBG Program Administration $ 139,000.00
Civic Center -Youth Recreation Specialist $ 20,000.00
Martin Luther King Community Center Recreation Specialist $ 20,000.00
Senior Citizen's Center Recreation Specialist $ 20,000.00
Martin Luther King Recreation Programs $ 20,000.00
Theraputic Recreation Program Scholarship $ 5,000.00
Recreation Scholarship Program $ 4,000.00
Pasco Specialty Kitchen $ 57,500.00
Code Enforcement Officer $ 70,000.00
**Contingency: CHIP Owner Occupied Minor Rehabilitation
**Contingency: CHIP Rental Minor Rehabilitation
**Contingency: PSK Facility Improvements-Hood Expansion Project
**Contingency: Downtown Physical Improvements $144,500.00
DEBT REPAYMENT - SECTION 108 LOAN $200,000.00
TOTAL $ 700,000.00
Section 2. That the Pasco City Council hereby approves unfunded and partially funded
projects above as contingencies in the annual action plan; and
Section 3. If entitlement funds are less than estimated, program administration and public
services will be reduced to do not exceed limits, City projects may be voluntarily reduced, and all other
projects will be proportionately reduced; and
Section 3. That the City Manager or his delegate is authorized to sign all agreements in
accordance with the 5-Year Consolidated Plan and Annual Action Plan Supplements previously
approved by Council.
PASSED by the City Council of the City of Pasco this _____day of _______________, 2018.
_____________________________
Matt Watkins
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Daniela Erickson Leland B. Kerr
City Clerk City Attorney Page 140 of 204
PLANNING COMMISSION MINUTES
6/21/2018
D. Block Grant 2019 Community Development Block Grant
(CDBG) Program Allocation and Annual Work
Plan (MF# BGAP 2018-003)
Chairwoman Roach read the master file number and asked for comments from staff.
Rick White, Community & Economic Development Director, discussed the 2019
Community Development Block Grant Program Allocation and Annual Work Plan.
Pasco is an entitlement city, meaning the city doesn’t have to apply for funds, they are
given. Pasco is expected to receive $700,000 in 2019. The Planning Commission is the
City Council’s advisory committee per HUD regulations. Mr. White gave the history of
the Block Grant Program and how allocations are made in regards to the goals adopted
by City Council. Mr. White briefly went over the applications for funding that were
received by the Community & Economic Development Department, for both City
departments requested funds and requests made by outside agencies.
Commissioner Campos asked if there was any funding requested for the 4 th Street
Corridor Project.
Mr. White said not for block grant funding at this time but it might be requested in
future years.
Commissioner Campos asked if there was an ETA for that project.
Mr. White replied not at this time and it may be difficult for block grant funding.
Chairwoman Roach asked if the amount requested for a Code Enforcement Officer was
for just one officer’s salary.
Mr. White replied yes, salary and benefits.
Chairwoman Roach asked if the city had more than one Code Officer.
Mr. White said that the city has five.
Chairwoman Roach asked about the 20% cap on funding for Program Administration
and the $112,000 cap.
Mr. White responded that the $112,000 cap is for non-brick and mortar projects and
was separate from the Program Administration cap. The non-brick and mortar projects
are capped at 15%.
Page 141 of 204
Commissioner Myhrum asked for clarification on personnel expenditures and if that
was for new personnel.
Mr. White answered that it was not for new personnel but is an annual request for
current personnel.
Commissioner Myhrum asked what would happen if the funding was scaled back from
personnel.
Mr. White said it would become a budgeting issue and the funds would h ave to come
from elsewhere or the positions eliminated.
Steve Howland, 1234 Columbia Park Trail, Richland, WA spoke on behalf of his
application for the YMCA of the Greater Tri-Cities with their project at the Martin Luther
King Jr. Center. The largest program they run is soccer and he explained the program
and how the block grant funds are used.
Chairwoman Roach thanked Mr. Howland for his presentation and for what their
program does for the community.
Donna Tracey, 9904 Winthrop Drive, spoke on behalf of her application for the Arc of
Tri-Cities with their project to fund scholarships for children in Pasco and about the
services they provide for the community.
Tiffany Tracey, 9904 Winthrop Drive, spoke in support of the application for the Arc of
Tri-Cities.
Chairwoman Roach asked what services the Arc provides for adults with special needs.
Ms. Tracey explained the difficulties adults with disabilities have and what their center
does for them.
There were no further questions or comments.
Page 142 of 204
PLANNING COMMISSION MINUTES
7/19/2018
I. Block Grant 2019 Community Development Block Grant
(CDBG) Program Allocation (MF# BGAP 2018-003)
Chairwoman Roach read the master file number and asked for comments from staff.
Rick White, Community & Economic Development Director, discussed the applications
for the 2019 CDBG Program Allocation. Staff reviewed the agency requests and staff
recommended amounts.
There were no questions or comments.
Commissioner Bykonen moved, seconded by Commissioner Greenaway, to close the
public hearing and recommend the City Council approve the use of funds for the 2019
Community Development Block Grant program as set forth in the “2019 Fund
Summary” as recommended by Staff. The motion passed unanimously.
Page 143 of 204
AGENDA REPORT
FOR: City Council August 15, 2018
TO: Dave Zabell, City Manager
Rick White, Director
Community & Economic Development
Regular Meeting: 8/20/18
FROM: Angie Pitman, Urban Development
Coordinator
Community & Economic Development
SUBJECT: CDBG Program Section 108 Guaranteed Loan Program (MF# BGAP 2018-
007)
I. REFERENCE(S):
Proposed Resolution - Amending Section 108 Application
Resolution 3814
Section 108 Draft Application
Staff Memo to Planning Commission: 7/19/18
Planning Commission Minutes: 7/19/18
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution ________, amending Resolution 3814 of the
Pasco City Council authorizing the submission of application and agreement to
certifications to the US Department of Housing and Urban Development for Section
108 Loan Guarantee Program.
III. FISCAL IMPACT:
Potential impact to future annual CDBG allocations.
IV. HISTORY AND FACTS BRIEF:
The Department of Housing and Urban Development (HUD) has established the
Section 108 Loan Guarantee Program ("Program") in order to provide below market
rate loans for qualified projects that serve the needs of low and moderate income
persons. This program is critical towards funding important pieces of Downtown
Revitalization - such as the Peanuts Park/Farmers Market rehabilitation effort. As an
Entitlement Grantee receiving funds through the HUD Community Development Block
Grant Program (CDBG), the City of Pasco meets the criteria to participate in the
Page 144 of 204
Program.
City Council approved Resolution 3787 in September of 2017 authorizing staff to
begin the Section 108 Program application.
Pasco may borrow up to five times the annual CDBG grant, enabling the City to
maximize the impact of available public funds. Section 108 is a loan guarantee
program, not a grant. It offers lower rates both variable and fixed, and flexible
repayment terms to meet specific needs and can provide funding to finance a wide
variety of eligible activities. For example, instead of allocating $200,000 each year for
the next five (5) years for infrastructure projects, a total amount of $1,000,000 may be
used to complete projects in one year, and repaid over time.
In January 2018, Council approved Resolution 3814 authorizing submission of the
Section 108 application in the amount of $3.475 million (5 times the 2017 entitlement
funds.). Based on our 2018 Program Year award of $756,200 - the current Section 108
loan capacity is $3,781,150.
At the July 19, 2018 Planning Commission meeting - the Commission reviewed and
recommended approval of the proposed amendment to increase the Section 108 loan to
the higher 2018 maximum allowable.
V. DISCUSSION:
A portion of the City's annual CDBG entitlement allocation or program income would
be pledged - other collateral may be required and a city is always required to pledge
CDBG as a guarantee. Repayment of the loan would be over twenty (20) years. If the
loan were repaid strictly from the CDBG entitlement funds, the annual allocation
typically awarded by Council for infrastructure projects would be reduced for the
amount of the loan repayment.
Staff requests Council approval of the proposed amendment to Resolution 3814. The
City Manager has been previously authorized to sign the appropriate documents
associated with the CDBG Program.
This item was discussed at the August 13, 2019 Council Workshop Meeting.
Page 145 of 204
RESOLUTION NO. _________
AMENDING RESOLUTION 3814 OF THE PASCO CITY COUNCIL AUTHORIZING
THE SUBMISSION OF APPLICATION AND AGREEMENT TO CERTIFICATIONS TO THE
US DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR SECTION 108 LOAN
GUARANTEE PROGRAM
WHEREAS, the City of Pasco has identified opportunities for redevelopment consistent with the
CDBG Entitlement and Section 108 Loan Guarantee programs; and
WHEREAS, public hearings were held on December 21, 2017 and January 16, 2018 to discuss
community and economic development and housing needs, and
WHEREAS, Section 108 loan funds will be used for the redevelopment of the Pasco Farmers
Market, Peanuts Park, related infrastructure and property acquisition, subject to HUD eligibility and
underwriting; and
WHEREAS, the City Manager is the designated Certifying Official, authorized to sign and
submit applications and certifications to the U.S. Department of Housing and Urban Development on
behalf of the City of Pasco and to act on behalf of the City of Pasco in regard to the applications, and to
provide such additional information as may be required;
WHEREAS, the Section 108 application has passed the 2017 submission date, five times higher
entitlement for 2018 will be applied, for a maximum available of $3.781;
Now, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO:
Authorizes an application to HUD be submitted in the City of Pasco’s name for $3.781 million in
Section 108 loan funds to be used for redevelopment activities that benefit low- and moderate-income
persons.
PASSED by the City Council of the City of Pasco this _____day of _______________, 2018
_____________________________
Matt Watkins
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Daniela Erickson Leland B. Kerr
City Clerk City Attorney
Page 146 of 204
RESOLUTION NO.2Y>/`t---
RESOLUTION OF THE PASCO CITY COUNCIL AUTHORIZING THE SUBMISSION
OF APPLICATION AND AGREEMENT TO CERTIFICATIONS TO THE US DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT FOR SECTION 108 LOAN GUARANTEE
PROGRAM
WHEREAS,the City of Pasco has identified opportunities for redevelopment consistent with the
CDBG Entitlement and Section 108 Loan Guarantee programs;and
WHEREAS,public hearings were held on December 21,2017 and January 16,2018 to discuss
community and economic development and housing needs,and
WHEREAS, Section 108 loan funds will be used for the redevelopment of the Pasco Farmers
Market,Peanuts Park and related infrastructure. The projected loan amount for the first project is
2,500,000,subject to HUD eligibility and underwriting;and
WHEREAS,the City Manager is the designated Certifying Official,authorized to sign and
submit applications and certifications to the U.S.Department of Housing and Urban Development on
behalf of the City of Pasco and to act on behalf of the City of Pasco in regard to the applications,and to
provide such additional information as may be required.
Now,THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO:
Authorizes an application to HUD be submitted in the City of Pasco's name for$3.475 million in
Section 108 loan funds to be used for redevelopment activities that benefit low-and moderate-income
persons.
PASSED by the City Council of the City of Pasco this Kith day of.J4NUAky( ,2018
Matt Watkins
Mayor
A EST: APPROVED AS TO FORM:
L/ `
Daniela Erickson Leland B.Kerr
City Clerk City Attorney
Page 147 of 204
CITY OF PASCO APPLICATION FOR LOAN GUARANTEE
FROM
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
FOR AN
ECONOMIC AND COMMUNITY DEVELOPMENT LOAN FUND IN THE AMOUNT OF
$3,781,150
August 2018
Page 148 of 204
ECONOMIC DEVELOPMENT LOAN FUND PASCO, WASHINGTON
Project Description
The purpose of this Section 108 application is to assist with economic and community
development activities in the City of Pasco. The guaranteed loan funds will be used to
create a loan pool to fund public facilities projects that will provide an area wide benefit
and positive economic impacts within East Pasco's neighborhood business district, that is
located in a federal Opportunity Zone. Individual projects will be evaluated by City of
Pasco's staff, as well as by consultant experts.
The City has identified three projects that will make use of this fund. The first of these,
the Pasco Market Plaza, is located on 4th Avenue between Lewis and Columbia
Streets. The project includes renovation of the Pasco Farmers Market Pavilion, as well
Peanuts Park. The Pasco Farmers Market celebrates its 30th Anniversary in 2018.
Adjacent to Peanuts Park, this section of downtown is a community resource and
gathering place for a lower income, predominately minority community. The second
project is the acquisition of property to provide public parking to replace parking stalls in
the Farmers Market pavilions that will be removed as part of the redevelopment project,
and as a result of a private economic development project adjacent to the market.
Subject to funding availability, a third project is the replacement of deteriorated
sidewalks and installation of pedestrian amenities that connect the Market Plaza to the
parking structure and surrounding neighborhoods that includes a new Union Gospel
Mission campus that will open in 2019. The repayment source for these Section 108
loans will come from the city’s annual entitlement grant of CDBG funds.
Section 108 Submission Requirements
A. Community Development Objectives
The Section 108 loan fund will result in the redevelopment and/or replacement of
public infrastructure in the downtown area. This activity will further the City of
Pasco's Economic Development Goals as listed in the City's Consolidated Plan, all of
which are applicable.
Policies
B. Description of how the Proposal meets one of the Criteria in 24 CFR
570.200(a)(2) - National Objectives.
Section 570.200(a)(2) lists the National Objectives that must be met by all
Community Development Block Grants and therefore Section 108 projects. This
section requires that all funded activities meet one of three national objectives.
These objectives are: 1) benefit to low and moderate income families; 2) aid in the
prevention or elimination of slums or blight; and 3) meeting other community
development needs having a particular urgency because existing conditions pose a
Page 149 of 204
serious and immediate threat to the health or welfare of the community where other
financial resources are not available. Section 570.208 defines the criteria under
which an activity may meet the requirements of Section 570.200(a)(2). Each project
funded through the Section 108 loan fund will meet the National Objectives listed in
Section 570.200(a)(2) as detailed in Section 570.208.
The City of Pasco's Section 108 loan fund will provide infrastructure to create
economic and housing opportunities for low-moderate income individuals, and/or
eliminate conditions of spot slum blight as defined in Section 570.208. The project
will also attract private investment in adjacent properties that will create jobs and
business opportunities for low-moderate income residents.
C. Community Development Block Grant Eligibility
In addition to furthering National Objectives, all Section 108 loans must also meet
the eligibility requirements of the Community Development Block Grant program. All
activities funded through the City of Pasco's Section 108 loan fund will meet the
program eligibility requirements as set forth in Sections 570.201, .202, .203, or .204.
The projects currently identified meet the eligibility requirements of Section
570.20l(c). Under 570.201(c), the City can undertake public facilities and
improvements through: "Acquisition, construction, reconstruction, rehabilitation or
installation of public facilities and improvements, except as provided in Section
570.207(a)."
Section 570.207(a) excludes "buildings or portions thereof, used for the general
conduct of government, general governmental expenses and political activities."
None of the projects to be assisted with Section 108 proceeds will include buildings
used for the general conduct of government, general governmental expenses, nor
for political activity.
If the City identifies activities under Section 570.203, it will ensure that those
activities additional comply with Section 570.209
Section 570.209 Guidelines
A. Guidelines and Objectives for Evaluating Project Costs and Financial
Requirements.
All activities eligible under Section 570.203 must meet the requirements of Section
570.209. This section outlines guidelines for ensuring that a proposed project carries
out an economic development objective in an appropriate manner. These guidelines
under 570.209(a) are not mandatory but serve as a framework for financially
underwriting economic development projects.
Page 150 of 204
B. Project Management
The City of Pasco, Department of Community and Economic Development (DCED)
will administer the Section 108 loan funds. Property acquisition will be managed
by the city’s Office of the City Manager, in coordination with DCED. Construction of
public projects will be managed by the city’s Public Works Department. The Public
Works Department staff have experience in managing all aspects of federally
funded projects, including NEPA, property acquisition, consultant selection and
oversight, engineering design, formal bid processes and construction contract
management that includes compliance with MWBE and prevailing wage
requirements.
Eligibility under 24 CFR 570.703
Each of the projects to be assisted with Section 108 guaranteed loan funds
and must meet one of the eligibility requirements listed in 24 CFR 570.703.
The initial projects described in this application are eligible under 570. 703(1):
Acquisition, construction, reconstruction, rehabilitation, or installation of public
facilities (except for buildings for the general conduct of government), public
streets, sidewalks and other site improvements and public utilities. Other
projects to be funded under the program may also qualify under
570.703(a)(b)(c)(d)(e)(f)(h)&(l).
A. Substitution of CDBG funds for Private Sources
City staff assisted by consultants will review all projects to ensure that each
loan minimizes the use of CDBG funds. It is in the City of Pasco's self-interest
to ensure that there is no substitution of CDBG funding for non -federal funding.
Given the limited availability of federal funds, the city staff will work diligently to
maximize the use of private, local and state funding in all projects.
B. A Description of the Pledge of CDBG Guarantee
The City of Pasco intends to use its CDBG funds to repay the Section 108
loan, and understands that if the City of Pasco fails to make a required
payment on its notes, HUD will deduct that payment from the City of Pasco's
CDBG Letter of Credit. In accepting this loan guarantee, the City of Pasco has
pledged its CDBG funds and all other applicable grants as security for the
guarantee. (Please refer to Attachment A - Certifications.)
In requesting approval of this loan guarantee fund the City of Pasco is
requesting a commitment for a 20-year term. The principal repayment term
will be determined for each loan at time of closing.
C. Certifications
The City of Pasco will comply with all certification required under 570.704.
Page 151 of 204
Schedule for Repayment of the Loan
HUD-424-M Funding Matrix
The applicant must provide the funding matrix shown below, listing each program or program component for which HUD funding is being requested
and submit this information with the application for federal financial assistance.
Grant Program* HUD Matching
Other
HUD
Other
Federal State Local/Tribal Other Program Total
Share Funds Funds Share Share Share Funds Income
Section 108
Economic
Development Loan
Fund
City of Pasco
$
3,781,150.00
$
3,781,150.00
Grand Totals
$
3,781,150.00 $ - $ - $ - $ - $ - $ - $ -
$
3,781,150.00
Page 152 of 204
Instructions for the HUD-424-M
Public reporting burden for this collection of information is estimated to average 30 minutes per response,
including the time for reviewing instructions, searching existing data sources, gathering and maintaining
the data needed, and completing and reviewing the collection of information. HUD may not conduct
or sponsor, and a person is not required to respond to, a collection of information unless that
collection displays a valid OMB control number.
This form should only be used to identify HUD funding for which you are applying under an application for federal financial assistance. This form must only be submitted if you are applying for multiple
programs
or program components in a single application submission.
Item Number Instructions Enter the following
information:
Grant Program: The HUD funding programs or program components under which you are applying.
HUD Share: Please check the program requirements. Enter the amount of HUD funds you are
requesting in your application.
Matching Funds: Enter the amount of funds or cash equivalent or in-kind contributions being contributed to meet
the project or program matching requirement.
Other Federal Share: Enter the amount of other Federal funds being used to implement your program of activities.
State Share: Enter the amount of funds or cash equivalent or in-kind services the State is providing to help you
implement your project or program of activities.
Local/Tribal Share: Enter the amount of funds or cash equivalent or in-kind services your local/tribal
government is providing to help you implement your project or program of activities.
Other Funds: Enter the amount of other sources of private, non-profit, foundation or other funds or cash equivalent
or in-kind services being provided to help you implement your project or program of activities.
Program Income: Enter the amount of program income you expect to generate over the life of your
award.
Total: Enter the total of each row.
Grand Totals: Enter the total of each column.
Form HUD-424-M (03/2003) Page 153 of 204
ATTACHMENT A - CERTIFICATIONS
Page 154 of 204
MEMORANDUM
DATE:July 19,2018
TO:Planning Commission
FROM:Angela R.Pitman,Block Grant Administrator Mg
SUBJECT:COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)PROGRAM
SECTION 108 GUARANTEED LOAN PROGRAM AMENDED APPLICATION
(MF#BGAP2017-007)
Reference:1)Draft Section 108 Application
Background
The Department of Housing the Department of Housing and Urban Development (HUD)has established
the Section 108 Loan Guarantee Program (“Program")in order to provide below-market rate loans for
quali?ed projects that serve the needs of low and moderate income persons.The City of Pasco meets the
criteria to participate in the Program as a Grantee,receiving funds through the HUD Community
Development Block Grant Program (CDBG).City Council approved participation in the Peanuts Park
Renovation project that is partially funded with CDBG funds.The project will substantial bene?t low and
moderate income persons in east and central Pasco.Together with other improvements,the Peanuts Park
renovation project is expected stimulate economic growth in the Downtown Revitalization area,and
create jobs for low and moderate income persons.
Estimated Funds Available
Recipients may borrow up to ?ve times their annual CDBG grant,enabling them to maximize the impact
of available public funds by leveraging grant resources into private loans.Section 108 is a loan guarantee
program,not a grant.It offers lower rates both variable and ?xed,and ?exible repayment terms to meet
project-speci?c needs and provides funding to ?nance a wide variety of eligible activities.The maximum
Section 108 loan capacity would be $3,781,150,based on the program year 2018 award of $756,230.
Citizen Participation
A display advertisement was published in the local section of the Tri-City Herald on December 1 and 10,
and in Spanish in Tu Decides on December 1 and 9 notifying the public of this Public Hearing before the
Planning Commission on December 21,2017.The publication also initiated the public comment period
beginning December 15,2017 and ending January 16,2018.A copy of the draft Section 108 Application
was made available at the Planning Department,public libraries and Housing Authorities as well as on the
city’s website.
Application
The City of Pasco proposes to submit the dra?application (Reference 1)for the Section 108 Guaranteed
Loan Program to HUD.The draft application proposes to establish an Economic &Community
Development Loan Pool to bene?t the revitalization of Downtown Pasco and surrounding neighborhoods.
The loan pool may be used for area wide infrastructure improvements,as well as provide loans to
for-pro?t businesses.The application must include a repayment schedule and security (CDBG funds,
additional loan security)for loan repayment.If approved,HUD will issue a federal guarantee for the note
to an approved Lender/Investor upon approval which serves as loan commitment to the application.
Page 155 of 204
Loan Amount
The requested loan amount for the City is as follows:
Program HUD Allocation Program Income Total
Section 108 Loan $3,781,150 To be determined $3,781,150
Guarantee Requested Requested
Projects
The City of Pasco will propose projects expected to be performed or completed with the loan and
estimated accomplishments upon completion of the projects.As projects are initiated,the City would
request advances or reimbursements (drawdowns from the line of credit).All program income received
will be used to make repayment to the line of credit.In the case of infrastructure projects where program
income is not received,the City will be using CDBG funding to repay the Sectionl08 activities.
The first project proposed in the fund is the redevelopment of the Pasco Farmers Market,Peanuts Park
and related infrastructure.The projected loan amount for the first project is $2,500,000,subject to HUD
eligibility and underwriting.
Eligibilig and National Objective
Eligibility for the Section 108 program is the substantially the same as participation in CDBG.All
projects must meet Eligibility and National Objective requirements specified in 24 CFR 570.The first
project proposed meets eligibility requirements under HUD Matrix Code 03F Park,Recreational Facility
improvements [24 CFR 570.200 and 24 CFR 570.703(b)]and National Objectives under Low-Moderate
Area Benefit (24 CFR 570.208(a)(1)).
Examples of project National Objective bene?ciaries:
o Low-mod Housing (LMH)—$1.5 million in giaranteed funds used for rehabilitation of housing
units (LMH).Units will be occupied by low-moderate households.
0 Low-moderate Jobs (LMJ)-$1.3 million in guaranteed funds used to provide loans to small
businesses,and $220K to micro-borrowers;businesses expect to create or retain 44 full—time
equivalent pm.
o Low-moderate Jobs (LMI)—$15.1 million in guaranteed 3rd party loans to businesses (eg.for-
profit business manufacturing cosmetics and skin care products,created 700 jo_bs,and leveraged
$17.2 million in private investment.
-Low-moderate Clientele (LMC)-$1.6 million in permanent ?nancing to leverage $2.4 million
for construction of an education center,one of three built in a high poverty area of the city for to
low income clientele.
0 Low-moderate Area (LMA)—$6 million in guaranteed loan funds for rehabilitation of an existing
public facility that is no longer adequate to meet community needs,construction of multipurpose
recreation center located in an area serving population that is >60%LMI.
o Elimination of Slum &Blight —served as catalyst for redevelopment of entire neighborhood,
dilapidated deteriorated buildings and structures,soil and groundwater contamination.Produced
227,000 sf of retail space and 27,000 sf of restaurant space.Slum &Blight must be designated by
Council.
Activities must primarily bene?t low-moderate income (70%LMI Bene?t),and meet applicable public
benefit standards (such as no more than $10,000 per job created for business providing services to low-
moderate income areas,or $35,000 per job created for business creating jobs available to or held by low-
moderate income persons).
Page 156 of 204
Other regulatory requirements applicable to projects include Procurement,Environmental Review,
Uniform Administrative Requirements (2 CFR 200),Labor Compliance (Davis Bacon),Relocation
(URA),Fair Housing,and Lead Based Paint.
Loan Guarantee Financing Fee
In FY 2016,HUD regulations were changed to add a one time,upfront cost that is not annual and not
added into the interest rate of the loan.The fee may be ?nanced as part of the guaranteed loan and paid
for with CDBG or another source of funding.The 2018 fee is 2.365%of the principal;for a loan of $2.5
million,this fee would be $59,125.
Discussion
The Planning Commission should evaluate the Section 108 Application and provide staff direction to
formulate a recommendation for City Council.
The Section 108 Program is a strong tool for economic revitalization.Proposed schedule for meeting
requirements to apply for HUD Section 108 Loan Guarantee is as follows:
1.Completion of a Citizen Participation Process —January 16,2018
2.Council Approval of Section 108 Application —January 16,2018
3.Submittal to HUD —Upon completion of amendments —TBD
The City Staff would like to thank the members of the Planning Commission for your time and assistance.
MOTION:I move the Planning Commission close the public hearing and recommend the City Council
approve the Section 108 Loan Guarantee amended application and proposed use of funds for the Peanuts
Park Renovation/Farmers Market Redevelopment and Infrastructure Project.
Page 157 of 204
CITY OF PASCO APPLICATION FOR LOAN GUARANTEE
FROM
U.S.DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
FOR AN
ECONOMIC AND COMMUNITY DEVELOPMENT LOAN FUND IN THE AMOUNT OF
$3,781,150
August 2018
Page 158 of 204
ECONOMIC DEVELOPMENT
LOAN FUND PASCO,
WASHINGTON
Project Description
The purpose of this Section 108 application is to assist with economic and
community development activities in the City of Pasco.The guaranteed loan funds will
be used to create a loan pool targeted to projects that will have positive economic and
community development benefits within East Pasco's neighborhood business district.
Individual projects will be evaluated by City of Pasco's staff,as well as by consultant
experts in financial underwriting.
The City has identified two projects that will likely make use of this fund.The first of
these,the Pasco Plaza Mercado (Market Plaza),is located on 4"‘Avenue between
Lewis and Columbia Streets.The project includes renovation of the Pasco Farmers
Market Pavilion,as well Peanuts Park.The Pasco Farmers Market celebrates its
30"‘Anniversary in 2018,and is a community resource and gathering place for a
lower income,predominately minority community.The second project is the
replacement of deteriorated sidewalks and installation of pedestrian amenities that
connect the Market Plaza to the surrounding neighborhoods.The Section 108 loans
for both of these projects will be debt serviced with CDBG funds.
Section 108 Submission Requirements
A.Community Development Objectives
The Section 108 loan fund will result in lending for economic and community
development in Pasco.This activity will further the City of Pasco's Economic
Development Goals as listed in the City's Consolidated Plan,all of which are
applicable.
Policies
B.Description ofhow the Proposal meets one ofthe Criteria in 24 CFR
570.200(a)(2)-National Objectives.
Section 570.200(a)(2)lists the National Objectives that must be met by all
Community Development Block Grants and therefore Section 108 projects.This
section requires that all funded activities meet one of three national objectives.
These objectives are:1)benefit to low and moderate income families;2)aid in
the prevention or elimination of slums or blight;and 3)meeting other community
development needs having a particular urgency because existing conditions
pose a serious and immediate threat to the health or welfare of the community
where otherfinancial resources are not available.Section
570.208 defines the criteria under which an activity may meet the
requirements of Section 570.200(a)(2).Each project funded through the
Section 108 loan fund will meet one of the National Objectives listed in Section
570.200(a)(2)as detailed in Section 570.208.
The City of Pasco's Section 108 loan fund will create jobs for low and
moderate income persons,provide services to low income areas,provide
infrastructure to create housing opportunities for low income individuals,and/or
eliminate conditions ofblight as defined in Section 570.208.Page 159 of 204
C.Community Development Block GrantEligibi|ity
In addition to furthering National Objectives,all Section 108 loans must also meet
the eligibility requirements of the Community DevelopmentB|ock Grantprogram.
All activities funded through the City ofPasco's Section 108 loan fund willmeetthe
program eligibility requirements as setforth in Sections 570.201 ,.202,.203,or
.204.
The two projects currently identified meet the eligibility requirements of Section
570.20l(c).Under 570.201(c),the City can undertake public facilities and
improvements through:"Acquisition,construction,reconstruction,rehabilitation
or installation ofpublic facilities and improvements,except as provided in Section
570.207(a)."
Section 570.207(a)excludes "buildings or portions thereof,used forthe general
conduct of government,general governmental expenses and political activities."
None of the projects to be assisted with Section 108 proceeds will include
buildings used for the general conduct of government,general governmental
expenses,norforpolitical activity.
If the City identifies activities under Section 570.203,it will insure that those
activities additional complywith Section 570.209
Section 570.209 Guidelines
Guidelines and Objectives for Evaluating Project Costs and Financial
Requirements.
All activities eligible under Section 570.203 must meet the requirements of Section
570.209.This section outlines guidelines for ensuring that a proposed project carries
out an economic development objective in an appropriate manner.These
guidelines under 570.209(a)are not mandatory but serve as a framework for
financially underwriting economic development projects.
In evaluating proposed projects eligible under Section 570.203 and to be funded from
the Section 108 Economic and Community Development Loan Fund,the City of
Pasco willusethefollowing criteria.
Project Management
The City of Pasco,Department of Community and Economic Development (DCED)
will administer the fund.DCED will underwrite all loans.Should a project to assist
a for profit business emerge as a candidate for loan funding,the city will use an
experienced consultantto advise on projectfeasibility.
Underwriting Standards for City of Pasco Section 108 Loan Fund
1.Nationalobiective
All loans shall meet a national objective as specified in 24 CFR 570.208.No
loan shall be approved without verification of compliance with the national
objective requirements,specified in 24 CFR 570.208,by the Washington
State Office of the United States Department of Housing and UrbanPage 160 of 204
Development.
Eligibility
In addition to meeting one of the program's National Objectives,all projects
assisted through the loan fund must fall within one ofthe eligible activities listed
in 570.703.
Guidelines for evaluating and selecting economic development
projects
For all activities eligible under 570.703(i),economic development activities,
the project will be required to meet the guidelines listed under 570.209:
Guidelines for evaluating and selecting economic development projects.No
loan shall be approved without verification of compliance with the public
benefit standards as specified in 24 CFR 570.209(b)by the Washington
State Office of the United States Department of Housing and Urban
Development.
Financial Undewvriting
In loan underwriting the City shall adhere to the following criteria.
a.Real Estate Loans
Real Estate Loans shall be evaluated based on:
Abilityto Repay
Collateral
Development Team Capacity and
Experience Developer Commitment
Character ofthe
Developer
Page 161 of 204
Ability to Repay:
Projects to be funded will have at least a 1.1 projected debt
coverage ratio.If the project includes more than a small
percentage ofits rental income from start-up or financially weak
tenants then a higher debt coverage ratio shall be required.
Collateral:
Projects to be funded should have a loan to value ratio of not
greater than 80 percent.This value must be supported by an
appraisal priorto funding.lfgreater than an 80 percent loan to
value ratio is proposed,outside collateral sufficient to provide
an 80 percent loan to value shall be required.In certain cases
outside guarantees maysufficeforadditionalcollateral.
Development Team Capacity and Experience:
Projects funded shall have a development team that has both
the capacity and experience to complete the project as
demonstrated by past projects and financial strength.
Developer Commitment:
Developer commitment can take many forms.While each
project is likely to be different,the forms of developer
commitment that can be expected include:adequate equity,
guarantees of completion,guarantees to fund shortfalls or
guarantees of minimum cashflow.
Character:
Projects to be funded should have developers with good credit
histories,demonstrated integrity,and quality references.
Business Loans
Business Loans shall be evaluated based on:
Abilityto Repay
Collateral
Guarantees
Financial Strength
Management Experience
Character of the
Principals
Page 162 of 204
Ability to Repay:
All businesses funded with the program shall have existing
cash flow (profits after tax,plus depreciation,plus excess
officers income,plus rent savings if applicable)sufficient to
repay the loan.Projections must be supported by strong
evidence thatthey will materialize.
Collateral:
All business loans must be supported by collateral.Real Estate
must be supported by an appraisal and will be generally
accepted up to 80 percent of its value.Machinery and
equipment,depending on its nature,will be accepted from 40
percent to 60 percent of its fair market value.Accounts
receivable and inventory will normally be used to secure
operating debt and will generally not be taken as collateral.
Outside collateral,such as personal residences,shall be
valued up to 80 percent oftheirfair market value net ofexisting
debt.
Guarantees:
All principals with 20 percent or more or a controlling interest,if
less than 20 percent,shall provide personal guarantees.
Financial Strength:
Three years of financial statements on the business,plus a
personal financial statement on all principals of the business
shall be analyzed to determine if the company is well run and
has the abilityto manage its accounts and pay its obligations.
Management Experience:
The management must have experience in the business or in a
similar business,be able to demonstrate an ability to manage,
and have the depth in management to withstand unforeseen
transitions.
Character of the Principals:
The personal financial statements and credit history of the
principals must demonstrate honesty and trustworthiness.
Eligibility under 24 CFR 570.703
Each ofthe projects to be assisted with Section 108 guaranteed loan funds and
Economic Development Incentive grant funds must meet one of the eligibility
requirements listed in 24 CFR 570.703.The initial two projects detailed in this
application are eligible under
570.703(1):Acquisition,construction,reconstruction,rehabilitation,orinstallation
of publicfacilities(exceptforbuildingsforthe general conduct of government),
public streets,sidewalks and other site improvements and public utilities.OtherPage 163 of 204
projects to be funded underthe program may also qualify under
570-703(a)(b)(C)(d)(e)(f)(h)&(|)-
c.Substitution of CDBG funds for Private Sources
City staff assisted by consultants will review all projects to ensure
that each loan minimizes the use ofCDBG funds.It is in the City of
Pasco's selfinterest to insure thatthere is no substitution ofCDBG
funding for non-federal funding.Given the limited availability of
federal funds,the city staffwill work diligently to maximize the use
ofprivate,non-federal funding in all projects.
All projects will be reviewed to ensure that private sources of
financing have been maximized and that the rate of return on
equity is reasonable and within general standards.
A Description ofthe Pledge of CDBG Guarantee
The City of Pasco understands that if the participants in this Section 108 loan
fund fail to make timely payments and the City of Pasco therefore fails to
make a required payment on its notes,HUD will deduct that payment from the
City of Pasco‘s CDBG Letter of Credit.In accepting this loan guarantee,the
City of Pasco has pledged its CDBG funds and all other applicable grants as
security for the guarantee.(Please refer to Attachment A —Certifications.)
In requesting approval of this loan guarantee fund the City of Pasco is
requesting a commitment for a 20-year term.The principal repayment term
will be determined for each loan at time of closing.
Certifications
The City of Pasco will comply with all certification required under 570.704.
Page 164 of 204
ScheduleforRepaymentofthe Loan
HUD-424-M Fun
The applicant must provide the funding matrix shown below,listing each program or program component for which HUD funding is being requested
and submit this information with the application for federal financial assistance.
Grant Program‘HUD Matching Other HUD Other Federa State Local/Tribal Other Program Total
Share Funds Funds Share Share Share Funds Income
Section 108 Economic
Development Loan Fund
City of Pasco $3,781,150.00 85 3,781 ,150.00
Page 165 of 204
OMB Approval No.2501-0017 (exp.03/31/2011)
HUD-424-M Funding Matrix
The applicant must provide the funding matrix shown below,listing each program or
program component for which HUD funding is being requested and submit this
information with the application for federal financial assistance.
G rant HUD Matching Other HUD Other Federa State Localffribal Other Program Tolal
Share Funds Funds Share Share Share Funds Income
Program-Section
108 Economic
Development Loan Fund $3,781,150
$3,781,150
City of Pasco.A
Grand Totals
$3,781,150
$3,781,150
Form HUD-424-MPage109(o3/2oo3)
Page 166 of 204
PLANNING COMMISSION MINUTES
7/19/2018
L. Block Grant CDBG Program Section 108 Guaranteed Loan
Program Amended Application (MF# BGAP 2018-
007)
Chairwoman Roach read the master file number and asked for comments from staff.
Michael Morales, Community & Economic Development Deputy Director, discussed the
Section 108 Loan Program amended application. The Section 108 Program allows
CDBG recipient communities to leverage their CDBG entitlement for lending instrument
that could be used for qualifying economic development and housing activities. This
was discussed by the Planning Commission a few months ago for $3.4 million and City
Council approved. Since that time, the allocation has increased so the increase allows
the City to borrow an additional $400,000. The City wishes to reapply for the new
maximum amount of $3.8 million. The use for the program funds do not change. HUD
will ultimately determine what qualifies and for what amount but the City would like to
maximize their request.
Chairwoman Roach asked if these funds would be used on the Lewis Street Overpass.
Mr. Morales said no. This would be a loan pool with the funds will be used for Peanuts
Park and the Farmer’s Market Plaza and if the funding allows continue with
improvements in those areas. There may be opportunities for relending in the future
but that is not in the plans at this time.
Chairwoman Roach asked for clarification on relending activities as it pertains to
business owners.
Mr. Morales replied yes, to business owners, but there are no plans to do so at this time.
Commissioner Bykonen asked if the dollar amount they approved the first time was an
anticipated amount and this is the actual amount.
Mr. Morales said no, it was based on the 2017 allocation but since that time, the 2018
numbers are reflected and it worked in the City’s benefit and it is best to apply for as
much possible.
Commissioner Greenaway moved, seconded by Commissioner Bykonen, to close the
public hearing and recommend the City Council approve the Section 108 Loan
Guarantee amended application and proposed us of funds for the Peanuts Park
Renovation/Farmers Market Redevelopment and Infrastructure project. The motion
passed unanimously.
Page 167 of 204
AGENDA REPORT
FOR: City Council August 15, 2018
TO: Dave Zabell, City Manager
Rick White, Director
Community & Economic Development
Regular Meeting: 8/20/18
FROM: Angie Pitman, Urban Development
Coordinator
Community & Economic Development
SUBJECT: 2019 Neighborhood Stabilization Program (NSP) Annual Work Plan Allocation
(MF# BGAP 2018-005)
I. REFERENCE(S):
Proposed Resolution
Planning Commission Minutes Dated: 6/21/18 and 7/19/18
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution ________, approving the 2019 NSP
Program Year Annual Work Plan and Allocation.
III. FISCAL IMPACT:
$81,700 from NSP Program Income
IV. HISTORY AND FACTS BRIEF:
The City of Pasco received Neighborhood Stabilization Program (NSP) entitlement
pass-through grant funds, authorized under Title III of the Housing and Economic
Recovery Act of 2008 (HERA) from Washington State Department of Commerce (WA
DOC).
Total NSP entitlement
authorized $426,343
Total grant expenditures $384,665
Unobligated funds transferred
to WA DOC $ 41,688
Page 168 of 204
Total NSP program income
earned $365,188
Program Income expended $300,369
Unexpended program income $ 64,819
In May, 2016, NSP Closeout Agreement 08-F6401-014 was executed which included a
Program Income Reuse plan requiring at least 25% of program income received be
used to benefit persons 50% or below Area Median Income (AMI). At closeout, the
City had $64,819 of unexpended program income remaining.
The City has utilized NSP funds to recover 16 foreclosed properties, four (4) of the
homes were purchased and rehabilitated with NSP and HOME. The pro -rata share of
program income received from the sales of those homes and, more recently, three (3)
down payment assistance loans repaid, less NSP program expenditures, leaves
approximately $81,700 in program income remaining.
V. DISCUSSION:
The City is able to use NSP funds to recover foreclosed properties in Pasco. The funds
may be used for down payment assistance, acquisition, and rehabilitation of foreclosed
properties. Staff proposes that the 2019 annual work plan allocate $6,700 for
administration, and the balance of $75,000 be used for down payment assistance and/or
minor rehabilitation for three (3) foreclosed properties ($53,500 is reserved for
households 50% and below AMI).
Staff presented recommendations for funding at the July 19, 2018 Planning
Commission meeting. The Planning Commission recommended approval of staff
funding recommendations as presented.
This item was discussed at the August 31, 2018 Council Workshop Meeting.
Page 169 of 204
RESOLUTION NO. __________
A RESOLUTION APPROVING THE 2019 NSP PROGRAM YEAR ANNUAL
WORK PLAN AND ALLOCATION
WHEREAS, the Neighborhood Stabilization Program (NSP) is authorized under Title III
of the Housing and Economic Recovery Act of 2008 (HERA), administered by the US
Department of Housing & Urban Development (HUD), and subject to both CDBG and HOME
regulations for the purpose of stabilizing neighborhoods negatively affected by foreclosures and
abandoned properties, and
WHEREAS, it is estimated NSP funds totaling $81,700 (plus program income received)
will be available for NSP eligible projects, NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO:
Section 1.That the Pasco City Council hereby approves the 2019 Neighborhood
Stabilization Program (NSP) Plan work plan allocation as follows:
2019 Proposed Activities Budget Units
Restricted for Administration 10% of PI (09-8009)$ 6,700.00
Down Payment Assistance/Minor Rehab (03-8009)$ 21,500.00 1
Down Payment Assistance/Minor Rehab **25% (04-8009)$ 53,500.00 2
**Households < 50% AMI $ 81,700.00 3
PASSED by the City Council of the City of Pasco this _____ day of ___________, 2018.
_____________________________
Matt Watkins
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Daniela Erickson Leland B. Kerr
City Clerk City Attorney
Page 170 of 204
PLANNING COMMISSION MINUTES
6/21/2018
F. Block Grant 2019 Neighborhood Stabilization Program (NSP)
Allocation and Annual Work Plan (MF# BGAP
2018-005)
Chairwoman Roach read the master file number and asked for comments from staff.
Rick White, Community & Economic Development Director, discussed the 2019
Neighborhood Stabilization Program (NSP) Allocation and Annual Work Plan. The City
received federal stimulus money several years ago to prevent foreclosures to become
neighborhood blight. The City used these funds to rehab homes and provide down
payment assistance. With program income returning to the City, the City still has
funds to spend. The recommendation is to continue to turn it over for down payment
assistance and home owner rehabilitations. For 2019 there is roughly $56,000 that
must be used on foreclosures.
Commissioner Campos asked if the funds could be used to purchase a foreclosure that
needs repairs and the funds go towards those repairs.
Mr. White replied yes, as long as the home is in foreclosure.
Commissioner Bowers asked if it is the homeowner who can use the funds.
Mr. White said the pre-qualified potential buyer.
Chairwoman Roach asked if there is additional criteria for potential homebuyers.
Mr. White said the banks take care of pre-qualifications to make sure the buyer is solid.
Commissioner Campos added his own personal experience with the lending institutions
and that they are good gatekeepers.
Chairwoman Roach said she was wondering if an individual or family would be better
candidates.
Mr. White said that is based on a scale for how many members are in the home as far
as income.
There were no further questions or comments.
Page 171 of 204
PLANNING COMMISSION MINUTES
7/19/2018
K. Block Grant 2019 Neighborhood Stabilization Program (NSP)
Allocation and Annual Work Plan (MF# BGAP
2018-005)
Chairwoman Roach read the master file number and asked for comments from staff.
Rick White, Community & Economic Development Director, discussed the 2019 NSP
Allocation and Annual Work Plan. Staff proposed the funds be used for downpayment
assistance of foreclosed homes and minor rehabs on foreclosed homes.
There were no questions or comments.
Commissioner Myhrum moved, seconded by Commissioner Greenaway, to recommend
the City Council approve the use of funds for the 2019 Neighborhood Stabilization
Program (NSP) entitlement set forth, as recommended by Staff. The motion passed
unanimously.
.
Page 172 of 204
AGENDA REPORT
FOR: City Council August 15, 2018
TO: Dave Zabell, City Manager
Rick White, Director
Community & Economic Development
Regular Meeting: 8/20/18
FROM: Angie Pitman, Urban Development
Coordinator
Community & Economic Development
SUBJECT: 2019 HOME Annual Work Plan and Allocation (MF# BGAP 2018-004)
I. REFERENCE(S):
Proposed Resolution
Planning Commission Minutes Dated: 6/21/18 and 7/19/18
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution _____, approving Federal 2019 HOME
Annual Work Plan and Allocation.
III. FISCAL IMPACT:
Pasco's share of Federal HOME funds is $107,000 (plus program income).
IV. HISTORY AND FACTS BRIEF:
Pasco entered into a HOME Consortium Agreement with Richland and Kennewick in
1996 making the City eligible for Federal HOME funds. Every three years, during the
renewal cycle, member cities are given the opportunity to withdraw from the
consortium, make changes to the cooperative agreement, or select a new Lead Agency.
In April 2016, the Consortium renewed the Agreement through December 31, 2019.
HOME funds are allocated based on need and income eligibility and may be used
anywhere within the city limits, however, neighborhoods designated as priority by
Pasco City Council receive first consideration. Funding is first targeted in the
Longfellow and Museum neighborhoods, then within low-moderate income census
tracts (201, 202, 203 and 204).
Page 173 of 204
If HOME funds cannot be applied to those areas, then they are used as needed within
the Pasco city limits for the benefit of eligible low-moderate income families.
V. DISCUSSION:
The City is restricted to using HOME funds for down payment assistance for first time
homebuyers in accordance with the Tri-Cities HOME Consortium Cooperative
Agreement approved by all three cities in 2010, renewed in 2016.
During this 2015-2019 Consolidated Plan cycle, HOME funds provided down payment
assistance to 71 Pasco first time homebuyers to date. This is an average of 20 low-
moderate income families per year assisted with purchase of their first home.
Estimated HOME entitlement funds totaling $107,000 (plus program income received)
will be available to provide down payment assistance for approximately 10 first time
homebuyers in 2019. Staff presented recommendations for funding at the July 19, 2018
Planning Commission meeting. The Planning Commission recommended approval of
staff funding recommendations as presented.
This item was discussed at the August 13, 2018 Council Workshop Meeting.
Page 174 of 204
RESOLUTION NO. __________
A RESOLUTION APPROVING FEDERAL 2019 HOME ANNUAL WORK PLAN
AND ALLOCATION
WHEREAS, the City of Pasco together with Kennewick and Richland renewed a
cooperative agreement 2016 continuing participation in the Consortium originally formed in
1996 under the Home Investments Partnership (HOME) Program through 2019; and
WHEREAS, the Consortium allows the three cities to be eligible for federal HOME
funds; and
WHEREAS, the City has established a Community Housing Improvement Program
(CHIP); and
WHEREAS, $107,000 is expected to be available from entitlement funds, plus program
income, for Pasco HOME projects in program year 2019, NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO:
Section 1.That the 2019 HOME funds received by the City of Pasco shall be
allocated to the Community Housing Improvement Program (CHIP) First Time Homebuyer
Assistance program which operates city-wide with priority given to neighborhood improvement
areas and low-moderate income census tracts; and
Section 2.That the City Manager or his delegate is hereby authorized to sign all
agreements in accordance with the 5-Year Consolidated Plan, and Annual Action Plan
Supplements previously approved by Council.
PASSED by the City Council of the City of Pasco this day of , 2018.
CITY OF PASCO:
_____________________________
Matt Watkins
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Daniela Erickson Leland B. Kerr
City Clerk City Attorney
Page 175 of 204
PLANNING COMMISSION MINUTES
6/21/2018
E. Block Grant 2019 HOME Investment Partnerships (HOME)
Program Allocation and Annual Work Plan (MF#
BGAP 2018-004)
Chairwoman Roach read the master file number and asked for comments from staff.
Rick White, Community & Economic Development Director, discussed the 2019 HOME
Investment Partnerships Program Allocations and Annual Work Plan. He explained
the consortium that was formed between Pasco, Richland and Kennewick to receive
these funds devoted specifically to housing. The City of Richland is the administrative
lead of the program. It is estimated that the consortium will receive approximately
$430,000 and about 10% of that will go to Richland for administration costs. Pasco will
receive approximately $107,000 for down payment assistance along with program
income received from homes that are paid off and funds repaid.
Commissioner Bowers asked if not enough individuals qualify for down payment
assistance funds, would individuals above the income limit receive funds.
Mr. White answered no, only low-moderate income individuals could qualify to receive
funds.
Commissioner Myhrum asked how the home buyers were vetted and selected.
Mr. White replied that there isn’t a shortage of need. People are approved by a lending
institution and based on first come first serve the allocations are distributed.
Commissioner Myhrum asked if that was a function the City provided.
Mr. White said yes.
Commissioner Campos added his personal experience with the down payment
assistance process.
There were no further questions or comments.
Page 176 of 204
PLANNING COMMISSION MINUTES
7/19/2018
J. Block Grant 2019 HOME Investment Partnerships (HOME)
Program Allocation and Annual Work Plan (MF#
BGAP 2018-004)
Chairwoman Roach read the master file number and asked for comments from staff.
Rick White, Community & Economic Development Director, discussed the 2019 HOME
Program Allocation and Annual Work Plan. In conformance with the HOME Consortium
Agreement with Richland, Kennewick and Pasco, the funds are proposed to be used to
continue the downpayment assistance program.
There were no questions or comments.
Commissioner Greenaway moved, seconded by Commissioner Mendez, to recommend
the City council approve the use of funds for the 2019 HOME Investment Partnerships
entitlement as recommended by Staff. The motion passed unanimously.
Page 177 of 204
AGENDA REPORT
FOR: City Council August 7, 2018
TO: Dave Zabell, City Manager Regular Meeting: 8/20/18
FROM: Stan Strebel, Deputy City Manager
Executive
SUBJECT: Providing for the Listing of Real Property on a Sale Procedural Alternative
I. REFERENCE(S):
Proposed Ordinance
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to adopt Ordinance No. ______ Amending PMC 2.46 “Sale of City
Property” Providing for the Listing of Real Property as a Sale Procedural Alternative ,
further, to authorize publication by summary only.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
In recent weeks, Council has reviewed surplus City properties for possible sale. At
times, the use of a real estate broker may be in the best interest of the City, both for
buying, as well as selling real property.
The attached proposed ordinance amends current sections in the Pasco Municipal Code
to add "Realtor Listing" as an alternative to other methods such as negotiated sale and
competition bid auction. The proposed ordinance also makes updates to the code to
improve consistency, correct an error, and add "market analysis" as an alternative to
appraisal.
V. DISCUSSION:
Staff recommends adoption of the Ordinance.
Page 178 of 204
Page 179 of 204
Ordinance Amending PMC 2.46
“Sale of City Property” - 1
ORDINANCE NO.__________
AN ORDINANCE of the City of Pasco, Washington Amending
PMC 2.46 “Sale of City Property” Providing for the Listing of
Real Property as a Sale Procedural Alternative
WHEREAS, the City Council may determine that certain real property owned by the
City may not be necessary for the present or future municipal uses of the City, and determine
such property “surplus” to the needs of the City; and
WHEREAS, to provide for an efficient and equitable means for the sale or disposal of
such property, the City may utilize alternative methods to provide for the prompt and most
beneficial means to the City and its citizens for the disposal of such property; and
WHEREAS, the City’s interest in disposing of such property may be benefitted by the
assistance of a real estate professional; and
WHEREAS, the City Council has determined that this alternative method may be in the
best interest of the City. NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. That Section 2.46.010 of the Pasco Municipal Code entitled "Authority to
Sell Real Property” shall be and hereby is amended and shall read as follows:
2.46.010 AUTHORITY TO SELL REAL PROPERTY. Whenever it appears to the
City Council that it is for the best interest of the City and the people thereof that real property
belonging to the City should be sold, the City Council shall, by Resolution, declare such property
surplus to the needs of the City and authorize the sell and conveyanceconvey of such property
under the limitations and restrictions and in the manner hereinafter provided. In making such
sales, the City Council may sell timber, mineral, water rights, or other resources on any land
owned by the City separate and apart from the land or may reserve such rights to the City.in the
same manner and upon the same terms and conditions as provided in Sections 2.46.020 –
2.46.070 for sale of real property. The City Council may reserve mineral rights in such land.
(Prior code Sec. 2-10.04.)
Section 2. That Section 2.46.020 of the Pasco Municipal Code entitled “Minimum
Price of Real Property” shall be and hereby is amended and shall read as follows:
2.46.020 MINIMUM PRICE OF REAL PROPERTY. The Council shall, by
Resolution, fix a minimum price, or authorize determination of the minimum price by appraisal
or market analysis, at which the real property may be sold by bid. The factor for consideration of
the sale price shall include:
A) Appraisal or market analysis price.
Page 180 of 204
Ordinance Amending PMC 2.46
“Sale of City Property” - 2
B) Property tax or sales tax generation capacity by potential purchaser.
C) Essential services to be provided by potential purchaser needed by the
community.
D) The purchaser’s use consistent with neighborhood plan or improvements.
E) Availability to other governmental entities for siting essential services.
No sale shall me made for less than unless at least the minimum price fixed by the
Council.is bid. (Ord. 1991 Sec. 1, 1978; prior code Sec. 2-10.08.)
Section 3. That Section 2.46.030 of the Pasco Municipal Code entitled “Procedures
for Sale of Real Property Exception” shall be and hereby is amended and shall read as follows:
2.46.030 PROCEDURES FOR SALE OF REAL PROPERTY. EXCEPTION. The
City Council shall determine which of the following methods shall be used to facilitate the sale
of real property owned by the City and shall set forth such determination in the Resolution.
Passage of such Resolution does not bind the City Council to sell the property using only such
method if such method proves, over a reasonable period of time, to be unsuccessful. The sale
may be facilitated by:
A) Competitive Bid Auction. Following solicitation of bids, a reasonable period for
response, and the opening of bids, the City may sell the property to the highest responsible
bidder under the terms and conditions as approved by the City.
B) Realtor Listing. The property may be listed for sale through a qualified licensed
realtor. The realtor may be selected upon the request for qualifications, for either continuing
professional services or for an individual property.
C) Negotiated Sale. The City Council shall set forth its reasons in the Resolution
declaring its desire to attempt a negotiated sale.
D) Intergovernmental Transfer Pursuant to Chapter 39.33 RCW.
E) Other Method Authorized by Statute. When a sale by a method other than
through a competitive bid or as provided above is authorized by State or Federal law.
F) Emergency Sales. When the City Council setting forth the facts by Resolution
has declared an emergency exists, the City Council may direct the manner of sale appropriate to
meet the emergency. (Ord. 1991 Sec. 2, 1978; prior code Sec. 2-10-12.)
The City Clerk shall advertise for written competitive bids on any sale of real property
except:
Page 181 of 204
Ordinance Amending PMC 2.46
“Sale of City Property” - 3
A) When sale by a method other than through a competitive bid is specifically
authorized by state law;
B) When the value of the property to be sold is less than one thousand dollars based
on a reasonable estimate accepted by the Council;
C) When the Council setting forth its reasons by resolution declares its desire to
attempt a negotiated sale. Passage of such a resolution does not bind the Council to sell the
property by negotiation;
D) When the Council setting forth the facts by resolution has declared an emergency
to exist. The Council shall further direct by resolution the manner of sale appropriate to meet the
emergency. Unless otherwise provided by law, all sales by competitive bid shall be as provided
in this chapter.
Section 4. That Section 2.46.035 of the Pasco Municipal Code entitled “Negotiated
Sales” shall be and hereby is amended and shall read as follows:
2.46.035 NEGOTIATED SALES. Following the passage of a resolution as
provided herein in subsection (C) of Section 2.46.030, the Council shall direct the obtaining of at
least one appraisal or a market analysis for the property being considered for sale. The appraisal
or market analysis shall be performed by an independent qualified appraiser or realtor to The
appraisal shall determine the value of the property for the purpose it is intended to be used, and
the value of the property for such other circumstances as the Council may direct. The appraisal
or market analysis shall be performed not more less than six months prior before to the date of
sale unless the Council by Resolution setting forth its reasons provides for a longer period of
time. The results of the appraisal or market analysis shall be made public prior to the Council’s
approval of the sale of the real property. No real property shall be sold for less than the appraisal
or market analysis price unless any appraisal obtained without the Council sets setting forth its
reasons by Resolution. (Ord. 1991 Sec. 3, 1978.)
Section 5. That Section 2.46.040 of the Pasco Municipal Code entitled
“Advertisement of Sale of Real Property Publication – Posting” shall be and hereby is amended
and shall read as follow:
2.46.040 COMPETITIVE BID AUCTION SALE. A sale by method of auction via
competitive bidding shall conform to the following requirements: ADVERTISEMENT OF
SALE OF REAL PROPERTY PUBLICATION – POSTING. The City Clerk shall publish an
advertisement for bids once each week for two successive weeks in the official city newspaper.
All pending sales shall also be advertised by any notice posted on a public bulletin board in a
conspicuous place at the City Hall. Both posting and the date of last publication must be at least
five calendar days before the final date for submitting the bids.
A) Advertisement of Sale of Real Property-Publication and Posting. The City Clerk
shall publish an advertisement for bids once each week for two successive weeks in the official
newspaper of the City. All pending sales may be advertised by any notice posted on a public
Page 182 of 204
Ordinance Amending PMC 2.46
“Sale of City Property” - 4
bulletin board in a conspicuous place at City Hall, upon the City’s website, or upon a third-party
website suitable for the sale of real property. Both such posting and the date of last publication
must be at least five (5) calendar days before the final date for submitting the bids.
B) Contents of Advertisement for Sale of Real Property. The advertisement for bids
shall particularly describe the property or portion thereof proposed to be sold; shall designate the
place and time that the bids will be opened; shall set forth the minimum price; and shall set forth
the terms of the sale.
C) Opening Bids for Sale of Real Property; Rejection. The bids shall be opened in
public at the time and place stated in the newspaper publication. The City Council may reject
any and all bids, or bid for any one or more of the parcels of realty included in the advertisement
for bids. (Prior code Sec. 2-10.16.)
Section 6. That a new Section 2.46.045 of the Pasco Municipal Code entitled “Listed
Sale” shall be and hereby is created and shall read as follows:
2.46.045 LISTED SALE. The City may list with a qualified realtor the property for
sale under the terms of a negotiated listing agreement. The listing agreement shall provide the
term of the listing, minimum asking price, services to be performed by the realtor, and the
condition that the purchase price is subject to approval by the City Council.
Section 7. All remaining terms and conditions of Chapter 2.46 “Sale of City
Property” not amended herein, shall remain in full force and effect.
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 183 of 204
AGENDA REPORT
FOR: City Council August 17, 2018
TO: Dave Zabell, City Manager Regular Meeting: 8/20/18
FROM: Stan Strebel, Deputy City Manager
Executive
SUBJECT: Sale of Surplus Property Moore Holding Company LLC
I. REFERENCE(S):
Proposed Purchase and Sale Agreement
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve the Purchase and Sale Agreement with Moore Holding
Company LLC, for approximately 6.78 acres on Sandifur Blvd. east of Broadmoor
Blvd. and, further, to authorize the City Manager to execute the Agreement.
III. FISCAL IMPACT:
The Purchase and Sale Agreement (PSA) provides for the purchase of 6.78 acres at
$1,465,000 or $5.00 per square foot. Proceeds should be directed to the City's
Economic Development Fund.
IV. HISTORY AND FACTS BRIEF:
The proposed sale is to accommodate the relocation of Speck Hyundai from its current
location east of Highway 395. The sale is contingent on the sale of the dealership's
current property. The closing date is December 1, 2018.
The City originally acquired some 14 acres on Sandifur Blvd. in early 2013, offering
the site as a candidate for the proposed regional aquatic facility which was voted on by
the public in August 2013. When the vote was not successful, the City sold the west
1/2 of the property for the development of McCurley Subaru.
V. DISCUSSION:
The PSA provides a reversion clause if construction plans are not submitted within six
months of closing or construction not commenced within 12 months of closing.
Page 184 of 204
Page 185 of 204
REALESTATE PURCHASEANDSALEAGREEMENT
Dated August 6,2018
PARTIES AND PROPERTY IDENTIFIED.Moore Holding Company LLC,and/or assigns (“Buyer”),
agrees to buy,and the City of Pasco,(“Seller"),agrees to sell,on the following terms,the real estate,
(collectively,the “Property")the following described real property located off of Sandifer Parkway,
northwest area of Pasco,Washington,99302,legally described on attached Exhibit A.Sale includes
Franklin County Tax Parcel Number 115v4BO~O58.The Property included in sale consists of 6.76 acres
according to the Franklin County Assessor.There are no building improvement(s)on the Property
included in sate,
PURCHASE PRICE.The total purchase price for the Property is One Million Four Hundred Sixty Five
Thousand Dollars,and no cents in US Funds ($1,465,000.00).The purchase price is to be paid as all
cash at closing with no financing contingency.
EARNEST MONEY.Earnest money in the amount of $50,000.00 shall be in the form of a check or
wire transfer to the escrow/closing agent.Buyer must deposit the earnest money funds within two
business days of mutual acceptance.The earnest money shall be held by the escrow/closing agent,
Cascade Title in Kennewick,Washington.The earnest money is to be applied to the purchase price at
closing.
Earnest money will become non-refundable after a 90 day feasibility period by Buyer excepting sale of
Buyer's property as identified in paragraph #2 of attached Addendum #1.
In the event Buyer fails,without fegal excuse,to complete the purchase of the Property,then Seller
may terminate this Agreement and keep the earnest money as liquidated damages as the sole and
exclusive remedy available to Seller for such failure.In the event Seller fails,without legal excuse,to
complete the sale of the Property,then Buyer may either terminate this Agreement and recover all
earnest money or fees made by Buyer whether or not the same are identified as refundable or
applicable to the purchase price;or bring suit to specifically enforce this Agreement and recover
incidental damages.Neither Buyer nor Seller may recover consequential damages such as lost profits.
if Buyer or Seller institutes suit against the other concerning this Agreement,the prevailing party is
entitled to reasonable attorneys‘fees and expenses.in the event of trial,the amount of the attorneys
fee shall be fixed by the court.The venue of any suit shall be in Franklin County,Washington State.
EX!‘-LIB!S AND ADDENDA.
~/(ddendum#1,list of contingencies.
-gal Description of Property as described on attached Exhibit A.
EASlBILITY CONTINGENCY.Buyer's obligations under this Agreement are conditioned upon
Buyer's satisfaction,in Buyer's sole discretion,concerning all aspects of the Property,including its
physical condition;the presence of or absence of any hazardous substances;the contracts and leases
affecting the property;the potential financial performance of the Property;the availability of
government permits and approvals;and the feasibitity of the Property for Buyer's intended purpose,
This Agreement shall terminate and Buyer shall receive a refund of the earnest money unless Buyer
gives written notice to Seller within 90 days of mutual acceptance that the feasibility period has not
been satisfied.if such notice is not timely given,the feasibility contingency shall be deemed to be
satisfied.
As used in this Agreement,the term “Feasibility Period"shall mean the period beginning on the day
after mutual acceptance and ending on the satisfaction or waiver of the feasibility contingency.Seller
shall permit Buyer and its agents,at Buyer's sole expense and risk to enter the Property at reasonable
times subject to the rights of and after legal notice to tenants,if any,to conduct inspections concerning
the Property.
SALE IS SUBJECT TO CONTINGENCY(S).Sale is subject to contingencies as identified on attached
Addendum #1.Contingencies must be satisfied and/or waived by Buyer during the feasibility period
excepting sale of Buyer’s property as identified in paragraph #2 of attached Addendum #1.
lNlTlALS:Buye4YM_Date31!]!1%Seller Date
Buy Date U Se|ler____Date4V_,___
?
Page 186 of 204
CLOSING OF SALE AND POSSESSION.Sale shall close on or before December 1,2018.The
parties agree to grant reasonable extension(s)to the closing date if necessary.Buyer and Seller shall
deposit with Closing Agent at least ten days prior to the scheduled closing date all instruments and
monies required to complete the purchase in accordance with this Agreement.“Closing”shall be
deemed to have occurred when the deed is recorded and the sale proceeds are available to Seller.
Time is of the essence in the performance of this Agreement.Sale proceeds shall be considered
available to Seller notwithstanding they may not be disbursed to Seller until the first business day
following closing.This Agreement is intended to constitute escrow instructions to Closing Agent.
Buyer and Seller will provide any supplemental instructions requested by Closing Agent provided the
same are consistent with this Agreement.
Possession of the Property will be the day after closing.
CLOSING COSTS.Seller shall pay the premium for the ownersstandard coverage title policy‘Buyer
shall pay the excess premium attributable to any extended coverage or endorsements requested by
Buyer,and the cost of any survey required in connection with the same.Seller and Buyer shall each
pay one-half of the escrow fees.Seller is to pay real estate excise taxes associated with sale of the
Property and recording tees normally paid by Seller.Buyer to pay recording fees normally paid by
Buyer.Real estate taxes are to be prorated by the parties as of the date of closing.
SELLER'S REPRESENTATIONS.Seller represents to Buyer that,to the best of Sellers actual
knowledge,each of the following is true as of the date hereof:(a)Seller is authorized to enter into this
Agreement,to sell the Property,to perform its obligations under the Agreement,has not entered into
any active/enforceable sales agreement(s)with any third party(s),and agrees to indemnify and defend
Buyer from any third party(s)who contest sale of the Property;(b)Seller has not received any written
notices that the Property or the business conducted thereon violate any applicable laws,regulations,
codes and ordinances;(c)Seller has all certificates of occupancy,permits,and other governmental
consents necessary to own and operate the Property for its current use;(d)There is no pending or
threatened litigation which would adversely affect the Property or Buyer's ownership thereof after
closing;(e)There is no pending or threatened condemnation or similar proceedings affecting the
Property,and the Property is not within the boundaries of any planned or authorized local
improvement district;(f)Seller has paid (except to the extent prorated at closing)all local,state and
federal taxes attributable to the period prior to closing which,if not paid,could constitute a lien on
Property {including any personal property).or for which Buyer may be held liable after closing;(g)
Seller is not aware of any concealed material defects in the Property;(h)there is no pending or
threatened investigation or remedial action by any governmental agency regarding the release of
Hazardous Substances or the violation of Environmental Law at the Property;(i)and,there are no
Hazardous Substances (as defined below)currently located in,on,or under the Property in a manner
or quantity that presently violates any Environmental Law (as defined below);there are no
underground storage tanks located on the Property;and there is no pending or threatened
investigation or remedial action by any governmental agency regarding the release of Hazardous
Substances or the violation of Environmental Law at the Property.As used herein,the term
“Hazardous Substances"shall mean any substance or material now or hereafter defined or regulated
as a hazardous substance,hazardous waste,toxic substance,pollutant,or contaminant under any
federal,state,or local law,regulation,or ordinance governing any substance that could cause actual
or suspected harm to human health or the environment (“Environmental Law“).The term "Hazardous
Substances"specifically includes,but is not limited to,petroleum,petroleum by—products,and
asbestos.
It prior to closing Seller or Buyer discovers any information which would cause any of the
representations above to be false if the same were deemed made as of the date of such discovery,
then the party discovering the same shall promptly notify the other party in writing.if the information
will materially adversely affect Buyers intended use of the Property,in Buyer’s sole discretion,or
constitutes a Hazardous Substance which may require mediation,then Buyer may elect to terminate
INITIALS:Buye DateklQ2If seiier__,Date _
euye _oaie_Kl.l!1l_l.€Seller Date
Page 187 of 204
the Agreement and receive refund of earnest money,provided Buyer elects to do so within (10)days
of discovering or receiving written notice of the new information.In the event Buyer does not elect to
terminate the Agreement,Buyer does not waive any right of indemnification or contribution,nor shall it
prevent Buyer from pursuing its remedies against Seller if Seller had actual knowledge of the newly-
discovered information such that a representation provided for above was false.
AS-ls.Except for those representations and warranties specifically included in this Agreement and
the Seller's Disclosure Statement;Seller makes no representations or warranties regarding the
Property.Buyer otherwise takes the Property “AS IS"and Buyer represents and warrants to Seller
that Buyer has sufficient experience and expertise such that it is reasonable for Buyer to rely on its
own pre—closing inspections and investigations.
OPERATIONS PRIOR TO CLOSING.Prior to closing,Seller shall continue to operate the Property in
the ordinary course of its business and maintain the Property in the same or better condition than as
existed on the date of mutual acceptance.
CONDEMNATl0N AND CASUALTY.Seller bears all risk of loss until and including the day of
closing;thereafter Buyer shall bear the risk of loss.Buyer may terminate this Agreement and obtain a
refund of the earnest money it improvements on the Property are destroyed or materially damaged by
casualty before closing.Buyer is responsible to obtain their own casualty and liability insurance on the
Property the day after closing.
CONVEYANCE.Title shall be marketable,insurable,and conveyed free and clear of all liens,and
financial encumbrances.Title shall be conveyed by a Statutory Warranty Deed,and subject only to the
permitted exceptions approved by Buyer.Any personal property included in sale will be conveyed by a
Bill of Sale.Seller warrants marketable title to personal property but not condition.
ASSIGNMENT.Buyer may assign this Agreement or Buyers rights hereunder,without Seller‘s prior
written consent only to an entity which is controlled by or under common control with the Buyer
identified in this Agreement.The party identified as the initial Buyer shall remain responsible for those
obligations of Buyer stated in this Agreement notwithstanding any assignment.
COMPLETE AGREEMENT.The Agreement and any addenda and exhibits to it state the entire
understanding of Buyer and Seller regarding the sale of the Property.There are no verbal or other
written agreements which modify or affect the Agreement.
ACCEPTANCE.Seller shall have until midnight of August 21,2018,PST to accept this offer,unless
sooner withdrawn by Buyer.It this offer is not timely accepted,it shall lapse.
SECTION 1031 LIKE-KIND EXCHANGE.If either Buyer or Seller intends for this transaction to be a
part of a Section 1031 like—kiridexchange,then the other party agrees to cooperate in the completion
of the like~kind exchange so long as the cooperating party incurs no additional liability in doing so,and
so long as any expenses (including attorneys fees and costs)incurred by the cooperating party that
are related only to the exchange are paid or reimbursed to the cooperating party at or prior to closing.
Notwithstanding Assignment as described above,any party completing a Section 1031 llke~l<ind
exchange may assign this Agreement to its qualified intermediary or any entity set up for the purposes
of completing a reverse exchange without the consent of the other party.
COUNTERPART SIGNATURES.The Agreement may be signed in counterpart,each signed
counterpart shall be deemed an original,and all counterparts together shall constitute one and the
same Agreement.
INITIALS:Buy Dateg/l2bX_Seller Date
Buyer _DateSeller____D'ate__
__,
1
Page 188 of 204
ELECTRONIC DELIVERY.Electronic delivery of documents (e.g.,transmission by iacsimile or email)
including signed offers or counteroffers and notices shall be legally sufficient to bind the party the
same as delivery of an original.At the request of either party,or the Closing Agent,the parties will
replace electronically delivered offers or counteroffers with original documents‘
CONFIDENTIALITY.Buyer and Seller shall follow reasonable measures to prevent unnecessary
disclosure of information obtained in connection with the negotiation and performance of this
Agreement.Neither party shall use or knowingly permit the use of any such information in any manner
detrimental to the other party.
lN WlTNESS WHEREOF,the parties have signed this Agreement intending to be bound.
Buyer:Moore Holding Company LLC,and/or assigns Seller:City of Pasco,Washington
Buyer _%‘¢°’h@Z~L,_l Ei?wi/WV9.114%Seller
-,
I e "tie Date Name Title DateTi
Seller
Title Date Name Title Date
lNlTlAl.S:Buye4MLoaieI2:lg Seller Date
llBuye Date91‘!Seller Date
Page 189 of 204
EXHIBITA
[Legal Description]
Franklin County Tax Parcel 115-460-058 as described below.ii‘the description of the
Property set forth in this Exhibit A does not contain a true and correct legal description of
the real property to be conveyed.the parties authorize the Escrow Officer or Closing
Agent to insert or add the correct legal description of the Property to the Agreement or any
conveyance documents authorized in the Agreement (without the need for the parties’
signatures),based on the title report delivered and approved in accordance with the
Agreement and any Addendum.
That sarcel of land being a portion of Lot 8 of that certain Bi mg Site Plan 96~3 recorder:under Volume 1 of Surveys,Pages 10-13 records of Franklin County,Washington,located in a D0”ZlOl"lof the West Half of section 8,Township 9Norm,Range 29 East,Willamette Meridian,Franklin County,Washington;Beginning at the west QJEVLCFcorner of saidSection8;*hence North 89°50'59"East along the North line of the Southwest Quarter of said Section 8,2220.71 feet;Thence South 00°49'27"East,31.00 feet to the Sou:y Right—Way line 0‘Sandifur Parkway and the NortheastCome’of Lot 9 of said binding site plan;Thence South 89°50'58”West along said Southerly Ri i~oi—Wavii1e,6D7.86feettotneTRUEPOINTOFBEGINNING;Thence continuing South 89°50'58"West aiong said southerly Rgh‘rivi/avline,290.44 feet;Thence South 21°32‘11"West,683 07 feet to the Northe-"y Righbof-Way line of SR 182;Thencesome74°2S’48”East along said Northerlv Righl:—of—Waywe,562.39 feet;Thence North 00°02’28”West,787.10 feettotheTRUEPOINTOFBEGINNING;FXCETP PORTION DEDICATED FOR RIGHT OF WAY
Page 190 of 204
Amended Addendum #1 to Real Estate Purchase and Sale Agreement
dated August 6,2018
City of Pasco Washington,(Seller)
Moore Holding Company LLC,and/or assigns,(Buyer)
1.Reversionary Clause and Option to Repurchase/Reclaim.
(a)This Property is being sold to the Buyer in anticipation of the development ofa new Hyundai
Automobile Sales and Service facility.
(b)If the Buyer fails to submit an application to the Seller for approval of building plans consistent with
subsection (a)above,within six (6)months of Closing,the Seller reserves the right to reclaim title to this
Property.If the Buyer does not initiate construction within twelve (12)months of closing,the Seller
reserves the right to reclaim title to this Property.The Seller shall reclaim this Property by refunding 90%
of the original Purchase Price in the sum ofOne Million,Three Hundred Eighteen Thousand,Five
Hundred Dollars ($1,318,500)without interest.The Seller will not assume any liability for expenses
incurred by the Buyer in conducting this transaction.The Buyer agrees to re—convey title to the Seller
within sixty (60)days of receipt of notification of Selle?s decision to seek re—conveyance of Property.
This reversionary right is exclusive to the Seller and shall be exercised at the sole discretion of the Seller.
(c)This reversionary right survives forty—eight (48)months after closing,or until such time as building
commences,whichever is earlier.The Seller shall be under no obligation to exercise this reversionary
right.This reversionary clause shall survive the delivery of the Deed,but shall automatically lapse upon
expiration of the time periods,herein,and the Seller shall execute such further documents as the Buyer
shall request to release some.
2.Buyer understands that development of the property is subject to the City of Pasco’s l~182 Corridor
Overlay District requirements and acknowledges receipt of a copy of same (Pasco Municipal Code,
Chapter 25.58,attached).
3.Prior to sale closing Seller shall terminate all Lease Agreement(s)/Contract(s),if any,and indemnify
and defend Buyer from any third party(s)Agreementls)/Contractls).
4.Buyer's purchase is subject to sale of their auto sales facility located on North 28”’Avenue in Pasco,
Washington.Buyer shall negotiate sale of their auto sales facility during their feasibility period under
terms and conditions acceptable to Buyer.The sale of their auto facility and the Property Buyer is
purchasing must close simultaneously.if either sale does not close for any reason,Buyer may elect to
terminate this Purchase and Sale Agreement and Buyer's earnest money shall be refunded.
Amended Addendum 8/15/18
Page 191 of 204
5.Buyer intends to excavate the portion of the Property along I-182 to provide better visibility for their
intended use of the Property.Seller (City)routinely accepts applications for grading permits.Seller
agrees to timely process Buyer's complete application for grading permit in accordance with its current
polices for permit issuance and Appendi><J ”Grading”ofthe 2015 Edition of the International Building
Code (attached).Seller accepts no responsibility and/or liability for the planned excavation by Buyer.
6.Buyer's purchase is subject to satisfactory review of Preliminary Title Report.Seller shall provide
Buyer Preliminary Title Report within 10 business days after mutual acceptance.If Buyer find Preliminary
Title Report unsatisfactory during the feasibility period,he must notify Seller in writing and this
Agreement will be terminated and Buyer's earnest money shall be refunded.Seller cannot incur any
new encumbrances against the Property after the date of mutual acceptance without prior written
consent by Buyer.
7.Seller is to complete and provide a copy of a Seller's Disclosure Statement (”Form 17")for the
Property Buyer within 10 business days after mutual acceptance.If Buyer finds Seller's Disclosure
Statement unsatisfactory during the feasibility period,he must notify Seller in writing and this
Agreement will be terminated and Buyer's earnest money shall be refunded.Buyer will have a
remedy(s)for Seller's negligent,errors,inaccuracies,or omissions,on Seller's Disclosure Statement.
8.Prior to sale closing Seller shall terminate all Lease Agreements(s)/Contracts with respect to Property,
if any,and indemnify and defend Buyer from any such third party(s)Agreements(s)/Contracts.
9.Seller agrees to sell the Property on the terms and conditions herein,and further agrees upon the
closing of the sale to pay a commission of 1%of the gross purchase price to Burke Realty.Seller assigns
to Burke Realty,a portion of the sales proceeds equal to the commission.
10.All terms and conditions of this Agreement,which are not satisfied and/orwaived prior to closing,
shall survive closing.These terms and conditions shall include,but not be limited to,representations and
warranties,attorney's fees and costs,disclaimers,repairs,rents and utilities,reversionary/repurchase
clause,etc.
INITIALS:Buy Date IS’i 5 Seller Date
Bu Date lg’lg Seller Date
Amended Addendum 8/15/18
Page 192 of 204
APPENDIX J
GRADING
The provisions contained in this appendix are not mandatory unless specifically referencedin the adapting ortlinanw.
User note:Code change proposals to this chapter will be considered by the [BC A SIrucmra/Corie
Development Committe *during the 2016 (Group B)Code Development Cycle.See explamztiuri on page iv
SECTION J1 01
GENERAL
J 101.1 Scope.The provisions of this chapter apply to grad-
ing,excavation and earthwork construction,including fills
and cmbankments.Where con?icts occur between the techni-
cal requirements of this chapter and the geotechnical report,
the geotechnical report shall govern.
J 101.2 Flood hazard areas.Unless the applicant has submit-
ted an engineering analysis,prepared in accordance with
standard engineering practice by a registered design profes-
sional,that demonstrates the proposed work will not result in
any increase in the level of the base ilood,grading,excava-
tion and earthwork construction,including fills and embank-
ments,shall not be permitted in ?oodways that are in flood
hazard areas established in Section 1612.3 or in ?ood hazard
areas where design ?ood elevations are speci?ed but ?ood-
ways have not been designated.
SECTION J102
DEFINITIONS
.l102.1 De?nitions.The following words and terms shall,for
the purposes of this appendix,have the meanings shown
herein.Refer to Chapter 2 of this code for general de?nitions.
BENCH.A relatively level step excavated into earth material
on which ?ll is to be placed.
COMPACTION.The densification of a ?ll by mechanical
means.
CUT..See“Excavation.”
DOWIVDRAIN.A device for collecting water from a swale
or ditdh located on or above a slope,and safely delivering it
to an approved drainage facility.
ERO§ION.The wearing away of the ground surface as a
result of the movement of wind,water or ice.
EXCAVATION.The removal of earth material by arti?cial
means,also referred to as a cut.
FILL.Deposition of earth materials by arti?cial means.
GRADE.The vertical location of the ground surface.
GRADE,EXISTING.T he grade prior to grading.
GRADE,FINISHED.The grade of the site at the conclusion
of all grading efforts.
GRADING.An excavation or fill or combination thereof.
2015 INTERNATIONAL BUILDING CODE”
KEY.A compacted ?ll placed in a trench excavated in carlh
material beneath the toe of a slope.
SLOPE.An inclined surface,the inclination of which is
expressed as a ratio of hm-i7.ontaldistance to vertical tIl.\‘l1Illt’c‘.
TERRACE.A relatively level step constructed in the face oi
a graded slope for drainage and maintenance purposes.
SECTION J103
PERMITS REQUIRED
J103.1 Permits required.Except as exempted in Section
1103.2,no grading shall be performed without first liiiviiig
obtained a permit therefor from the building ujjicizi/.A grail
ing permit does not include the construction of retaiiiiiig
walls or other structures.
Jl03.2 Exemptions.A grading permit shall not he l'6L]lllI‘t‘II
for the following:
1.Grading in an isolated,st.-If-coiitziiiied zirezi,[.)I'UVltICtl
there is no danger to the public and that such gl'r'llIllI,"
will not adversely affect adjoining propcrtics.
2.Excavation for construction of ti structure ]7€llIlIlICLI
under this code.
Cemetery graves.
Refuse disposal sites controlled by other I’CgllIil[l0lI:
Excavations for wells,or trenches for utilities.
.°5".“S'°
Mining,quarrying,excavating,processing or stockpil-
ing rock,sand,gravel,aggregate or clay controlled by
other regulations,provided such operations do HUI
affect the lateral support of,or signi?cantly II1L‘l‘CLt.\t.'
stresses in,soil on adjoining properties.
7.Exploratory excavations performed under the dirt-crimi
of a registered design professional.
Exemption from the permit requirements of this appendix
shall not be deemed to grant authorization for any work to ix-
done in any manner in violaticm of the provisions in lIll\'cutie
or any other laws or ordinances of this jurisdiction.
SECTION J104
PERMIT APPLICATION AND SUBMITTALS
.I104.1 Submittal requirements.In addition to the pitnl
sions of Section 105.3,the applicant shall state the L‘>IIlllZllL‘tI
quantities of excavation and till.
651
Page 193 of 204
APPENDIXJ
J104.2Site plan requirements.In addition to the provisions
of Section 107,a grading plan shall show the existing grade
and finished grade in contour intervals of sufficient clarity to
indicate the nature and extent of the work and show in detail
that it complies with the requirements of diis code.The plans
shall show the existing grade on adjoining properties in suffi-
cient detail to identify how grade changes will conform to the
requirements of this code.
J104.3Geotechnical report.A gcotcchnicalreport prepared
by a registered design professional shall be provided.The
report shall contain at least the following:
1.The nature and distribution of existing soils.
2.Conclusions and recommendationsfor grading proce-
dures.
3.Soil design criteria for any structures or embankments
required to accomplish the proposed grading.
4.Where necessary.slope stability studies,and recom-
mendations and conclusions regarding site geology.
Exception:A geotechuicalreport is not required where
the building uf?cialdetermines that the nature of the work
applied for is such that a report is not necessary.
J 104.4 Liquefaction study.For sites with mapped maximum
considered earthquake spectral response accelerations at
short periods (55,)greater than 0.5g as determined by Section
1613,a study of the liquefaction potential of the site shall be
providedand the recommendationsincorporated in the plans.
Exception:A liquefaction study is not required where the
lmilding officialdetermines from established local data
that the liquefactionpotential is low.
SECTION J105
INSPECTIONS
1105.1 General.Inspections shall be governed by Section
110 of this code,
J105.2 Special inspections.The special impaction require-
ments of Section 1705.6 shall apply to work perfomiedunder
a grading permit where required by the building o?icial.
SECTIONJ1 06
EXCAVATIONS
1106.1Maximum slope.The slope of cut surfaces shall be
no steeper than is safe for the intended use,and shall he not
more than one unit vertical in two units horizontal (50-pen
cent slope)unless the owner or the owner’s authorizedagent
furnishes a geotechnicalreportjustifying a steeper slope.
Exceptions:
l.A cut surface shall be permitted to be at a slope of
1.5 units horizontal to one unit vertical (67-percent
slope)provided that all of the following are met:
1.1.It is not intended to support structures or
surcharges.
1.2.It is adequately protected against erosion.
652
1.3.It is no more than 8 feet (2438 mm)in
height.
1.4.It is approved by the building code oflltsial.
1.5.Ground water is not encountered.
2.A cut surface in bedrock shall be permitted to be at a
slope of one unit horizontal to one unit vertical (I00-
perceut slope).
SECTION J107
FILLS
J107.l General.Unless otherwise recommended in the geo-
technical report,?lls shall comply with the provisions of this
section.
J10’7.2Surface preparation.The ground surface shall be
prepared to receive ?ll by removing vegetation,topsoil and
other unsuitable materials,and searifying the ground to pro-
vide a bond with the ?ll material.
J107.3Benching.Where existing grade is at a slope steeper
than one unit vertical in five units horizontal (20-percent
slope)and the depth of the fill exceeds 5 feet (1524 mm)
benching shall be provided in accordance with Figure J 107.3.
A key shall be provided that is at least 10 feet (3048 mm)in
Width and 2 feet (610 mm)in depth.
J 107.4 Fill material.Fill material shall not include organic,
frozen or other deleterious materials.No rock or similar irre-
ducible material greater than 12 inches (305 mm)in any
dimension shall be included in fills.
J107.S Compaction.All till material shall be compacted to
90 percent of maximum density as determined by ASTM l)
1557.Modi?ed Proctor,in lifts not exceeding 12 inches (305
mm)in depth.
J107.6 Maximum slope.The slope of fill surfaces shall be
no steeper than is safe for the intended use.Fill slopes steeper
than one unit vertical in two units horizontal (50-percent
slope)shall be justified by a geotechnicalreport or engineer'-
ing data.
SECTION J108
SETBACKS
J 108.1 General.Cut and ?ll slopes shall be set back from the
property lines in accordance with this section.Setback
dimensions shall be measured perpendicularto the property
line and shall be as shown in Figure J 108.1,unless substanti-
atiug data is submittedjustifying reduced setbacks.
J108.2 Top of slope.The setback at the top of a cut slope
shall be not less than that shown in Figure J 108.1,or than is
required to accommodate any required interceptor drains,
whichever is greater.
J1 08.3 Slope protection.Where required to protect adjacent
properties at the toe of a slope from adverse effects ot the
grading,additional protection,approved by the building of?—
cial,shall be included.Such protection may include but shall
not be limited to:
l.Setbacks greater than those required by Figure Jl()8.1.
2015 INTERNATIONALBUILDINGCODE”
Page 194 of 204
l>”"\
TOP OF FILL
<j 5 FT.OR GREATER
For SI:1 foot =304.8 mm.
H/5 but 2 1‘!minimum
and need not exceed
20 ft.maximum
2 FT.MINIMUM
‘~—10 FT.MINIMUM
FIGURE J107.3
BENCH|NG DETAILS
H/5 but 2 R.minimum
and need not exceed
10 ft.maximum
Nalural or
Fimsh Grade
For SI:1 that =304.8 mm.
2015 INTERNATIONALBUILDING CODE“
FIGURE J108.1
DRAINAGE DIMENSIONS
QLSLOPE
NATURAL SLOPE
REMOVE UNSU(TABLE
MATERIAL
*Natural or
Flnlsh Grade
\
\~—muemepmrDrain
(urrequired)
APPENDIX J
653
Page 195 of 204
APPENDIX J
2.Provisions for retaining walls or similar construction.
3.Erosion protection of the fill slopes.
4.Provision for the control of surface waters.
SECTION J109
DRAINAGE AND TERRACING
J109.l General.Unless otherwise recommended by a regis-
tered design professional,drainage facilities and terracing
shall be provided in accordance with the requirements of this
section.
Exception:Drainage facilities and terracing need not be
provided where the ground slope is not steeper than one
unit vertical in three units horizontal (33~percent slope).
1109.2 Terraces.Terraces at least 6 feet (1829 mm)in width
shall be established at not more than 30-foot (9144 mm)ver-
tical intervals on all cut or fill slopes to control surface drain-
age and debris.Suitable access shall be provided to allow for
cleaning and maintenance.
Where more than two terraces are required,one terrace,
located at approximatelymid—height,shall be at least 12 feet
(3658 mm)in width.
Swales or ditches shall be provided on terraces.They shall
have a minimum gradient of one unit vertical in 20 units hori-
zontal (5-percent slope)and shall be paved with concrete not
less than 3 inches (76 mm)in thickness,or with other materi-
als suitable to the application.They shall have a depth not
less than 12 inches (305 mm)and a width not less than 5 feet
(1524 mm).
A single run of swale or ditch shall not collect runoff front
a tributary area exceeding 13,500 square feet (1256 m’)(pro-
jected)without discharging into a down drain.
J109.3 Interceptor drains.Interceptor drains shall be
installed along the top of cut slopes receiving drainage from a
tributary width greater than 40 feet (12 l92 mm),measured
horizontally.They shall have a minimum depth of 1 foot (305
mm)and a minimum width of 3 feet (915 mm).The slope
shall be approvedby the building official.but shall be not less
than one unit vertical in 50 units horizontal (2-percent slope).
The drain shall be paved with concrete not less than 3 inches
(76 mm)in thickness,or by other materials suitable to the
application.Discharge from the drain shall be accomplished
in a manner to prevent erosion and shall be approved by the
building o?icial.
J 109.4 Drainage across property lines.Drainage across
property lines shall not exceed that which existed prior to
grading.Excess or concentrated drainage shall be contained
on site or directed to an approved drainage facility.Erosion of
the ground in the area of discharge shall be prevented by
installation of nonerosive down drains or other devices.
654
SECTIONJ110
EROSION CONTROL
J 110.1 General.The faces of cut and fill slopes shall be pre-
pared and maintained to control erosion.This control shall be
permitted to consist of effective planting.
Exception:Erosion control measures need not be pro-
vided on cut slopes not subject to erosion due to the em-
sion-resistant character of the materials.
Erosion control for the slopes shall be installed as soon as
practicableand prior to calling for ?nal inspection.
J 110.2 Other devices.Where necessary.check dams,crib-
bing,riprap or other devices or methods shall be employed to
control erosion and provide safety.
SECTION J11 1
REFERENCEDSTANDARDS
ASTM D Test Method for Laboratory J l 07.5
1557-12 Compaction Characteristics of
Soil Using Modi?ed Effort
[56,000 ft—Ib/ft’(2,700kN-rn/m‘)].
2015 INTERNATIONAL BUILDING CODE“
Page 196 of 204
CHAPTER 25.58 I-182 CORRIDOR OVERLAY DISTRICT
Sections:
2S.58.010 PURPOSE..............................................................
.....................
..83
25.58.020 APPLICABILITY...................................................................
.......
..84
25.58.030 USE IN COMBINATION...................................................
............
..85
25.58.040 PLANREQUIRED....................
25.58.050 CONDITIONSOF APPROVAL...............
25.58.060 LANDSCAPESTANDARDS ...................
25.58.070 LANDSCAPINGMAINTENANCE...........85
25.58080 BUILDING STANDARDS.....................85
25.58.090 SCREENINGSTANDARDS..................................................
..........
..86
2558.095 TEMPORARYBUSINESS STANDARDS............................................86
25.58.100 SIGN STANDARDS......................................87
25.58.110 LOADING AREASTANDARDS...................88
25.58.120 PARKING STANDARDS.............................88
25.58.130 NON CONFORMING LOTS,STRUCTURES,USES ..............88
25.58.140 RELIEF...........................................................
25.58.150 PENALTYAND ENFORCEMENT...
25.58.16O ADDITIONALPENALTY-LIEN.......................................................88
25.S8.010 PURPOSE.The purpose of the I-182 Overlay District is to provide
additional development regulations to create aesthetically attractive buildings and
commercial development within the I-182 corridor of the City.It is intended that the
additional provisions of this chapter will provide design control for building height building
and site illumination,off~street parking and loading,building setbacks,and building
materials all to facilitate an aesthetically pleasing environment.The purpose and intent
of this chapter are met by adhering to the following design control categories:
(A)Building Location -building location and the relationship of one building to
another to provide for pedestrian areas such as courtyards,plazas,parks,walkways,etc.
(B)Functionality -the layout of the buildings,parking areas,pedestrian areas,
landscape and open areas are conducive to the topography and existing features of the
site.Parking areas function well with the overall site and do not inhibit pedestrian
movement.Traf?c ?ow and circulation is predictable within designated driving areas.
(C)Lighting -lighting standards and ?xtures are of a size compatible with the
general character of the buildings and general area.All lighting provides adequate light
for safety and should be limited to speci?c sites and not produce glare to surrounding
areas.
(D)Natural Setting —the relationship of the natural setting or the site to the
corridor and the slope to the river is used to enhance the overall layout of the plan.
(E)Architectural Amenities —create aesthetically attractive buildings within
commercial areas that enhance the overall development of the commercial uses.(Ord.
3515 Sec.1,2001.)
PMC Title 25 12/4/17 83
Page 197 of 204
25.58.020 APPLICABILITY.The Development and Design Standards of this
Overlay District will apply to all multi-family zones,of?ce districts (0),retail business
districts (C-1),general business districts (C-3),regional business districts (C-R)and
business park districts (B-P)located in the I-182 Corridor generally described as that area
located westerly of Road 36 and lying between the Franklin County Irrigation District
Canal on the south and the city limits on the north;said area being more particularly
described as:
Beginning at a point on the North meander line of the Columbia River,said point being
the intersection of the North meander line of the Columbia River and the north line of
the south half of the southwest quarter of Section 12,T9N,R28E;Thence,easterly along
said north line and continuing easterly along the north line of the south half of the SE
quarter of said Section 12,to a point on said north line 808 feet more or less westerly of
the NW corner of the SE quarter of the SE quarter of said Section 12,Thence North 05°
20’0"East,for a distance of 1,777.0 feet to the East line of the West half of the West
half of Northeast quarter of said Section 12;Thence Northerly along said east line bearing
North 01°,18’,0"east,to the north line of said Section 12;Thence easterly along the
north line of said Section 12 and continuing easterly along the north line of Sections 7,8,
9,10 and 11 all in Township 9 North,Range 29 East to the NE corner of said Section 11;
Thence southerly along the east line of said Section 11 and continuing southerly along
the east lines of Sections 14 and 23,Township 9 North,Range 29 East,to the south right-
of-way line of Interstate 182;Thence northwesterly along said right-of-way line of the
south line of the Franklin County Irrigation District Canal right-of-way;Thence westerly
along said south line of the Franklin County Irrigation District Canal right-of-way to the
east right-of-way line of Road 100;Thence southerly along said east right-of-way line of
Road 100 to the southeasterly projection of south line of Lot 29,Block 2 Peppermint
Terrace Third Addition;Thence northwesterly along said projection and continuing
northwesterly along the south line of Lots 22 through 29 all of Block2 Peppermint Terrace
Third Addition to the northwest boundary of said Addition;Thence continuing
northwesterly along the northwesterly projection of said south line a distance of 657.5
feet;Thence south 46°45’43"west a distance of 779 feet;Thence north 43°14’17"
west for a distance of 450 feet;Thence north 46°42’28"east a distance of 312 feet;
Thence north 43°17’32"for a distance of 300 feet;Thence north 46°42’28"east for a
distance of 85 feet;Thence north 43°17’32"west for a distance of 340 feet to the
easterly right-of-way line of Crescent Drive;Thence northeasterly along said easterly
right-of-way line of Crescent Drive to the intersection with the south line of the FCID
Canal right-of-way;Thence westerly along said south line to the north line of Section 18,
T9N,R29E;Thence westerly along the north line of said Section 18 to the intersection
with the south right-of-way line of Interstate 182;Thence southwesterly along said south
right-of-way line of Interstate 182 to the intersection with the North meander line of the
Columbia River;Thence northwesterly along the North meander line of the Columbia
River to the point of the beginning.(Ord.3972,2010;0rd.3515 Sec.1,2001.)
PMC Title 25 12/4/17 84
Page 198 of 204
25.58.030 USE IN COMBINATION.This chapter shall be used in addition to and
in combination with the districts identi?ed in Section 25.58.020 and development
regulations contained in this Title as they apply to the lands described in Section
25.58.020.The requirements of this chapter shall take precedence over the requirements
of the underlying district regulations.However,the landscape provisions of this chapter
shall be in addition to the landscape and screening provisions provided in Chapter 25.75.
In apparent cases of conflict between provisions,the most restrictive shall prevail.(Ord.
3763 Sec.3,2006;0rd.3515 Sec.1,2001.)
25.58.040 PLAN REQUIRED.Plans shall comply with the provisions of Chapter
25.75.090.(Ord.3763 Sec.4,2006).
25.58.050 CONDITIONSOF APPROVAL.For conditions of approval see the
provisions of Chapter 25.75.100.(Ord.3763 Sec.5,2006).
25.58.060 LANDSCAPESTANDARDS.
(A)Existing trees and shrubs may be included in the application of these
standards provided they are depicted on the plan and retained.
(B)No landscape areas shall contain arti?cial grass,trees,plants or other
artificial materials as a live vegetative substitute.
(C)There shall be at least one (1)tree and three (3)shrubs for every three
hundred (300)square feet of landscaped area.
(D)Road Frontage:
(1)Landscaped buffers on commercial properties adjacent to or across
a public or private street or alley from residentially zoned properties must be a
minimum of 15 feet in width.
(2)Landscaping in the unused portion of the right-of-way shall match
the established landscaping pattern and theme for the street.
(E)Pedestrian Walkways:
(1)Excluding pedestrian connections through parking lots,walkways
shall be landscaped their entire length.Trees shall be a minimum of three (3)feet from
sidewalks and curbs at the time of planting,except where tree wells are utilized.
(Ord.3763 Sec.6,2003;Ord.3637 Sec.1,2003;0rd.3515 Sec.1,2001.)
25.58.070 LANDSCAPINGMAINTENANCE.All landscape maintenance shall
comply with the provisions of Chapter 25.75.120.(Ord.3763 Sec.7,2006
25.58.080 BUILDINGSTANDARDS.The following design standards shall apply
to all buildings in the I-182 Corridor Overlay District to provide for and require
architectural amenities be incorporated into all building designs.Building designs must
incorporate architectural features and detailing to create visual interest.(Ord.3637 Sec.
2,2003.)
PMC Title 25 12/4/17 85
Page 199 of 204
(A)All buildings within a multi-building complex must achieve unity of design
through the use of similar architectural elements,such as roof form,exterior building
design and materials,colors and window patterns.
(B)All new buildings shall have exterior walls that are constructed of one or
more of the following materials:wood,brick,stucco,block,glass,composite materials
and shall have textured,embossed,sculpted or painted finishes.Exterior walls must
include more than two of the following architectural features;columns,pilasters,belt
courses,brackets,arches,decorative molding,quoins and similar architectural features.
(Ord.3637 Sec.2,2003.)
(C)Allnew retail buildings shall have windows,doors or display areas that cover
25%of the ?rst floor frontage wall area (walls that face frontage streets).Structures in
residential zones are not required to have a minimum amount of glass or display area.
(D)Pedestrian entries for all structures shall be visible from the frontage street,
driveways and off—streetparking areas.Pedestrian entries must be emphasized through
landscaped entry approaches consistent with the building design and theme,by the use
of modulation to emphasize indentation or protrusion of that portion of the building
containing the entrance,or by the inclusion of porte-cochere or other covered entry
methods.(Ord.3637 Sec.2,2003.)
(E)Signage af?xed to the building must be no higher than the roofline of the
building.
(F)No heating,air conditioning,electricalor other mechanicalequipment shall
be installed on a roof slope that faces a public street.All equipment installed on the roof
must be screened from the street level by a solid,non-re?ective barrier that incorporates
the buildings architectural style.(Ord.3515 Sec.1,2001.)
25.58.090 SCREENINGSTANDARDS.
(A)All equipment,material or goods not housed or stored within the primary
structure shall be within a 100%sight obscuring fence,wall or structure.
(B)Gas meters,electric service boxes and other mechanical equipment shall
be screened from public view by obscuring fence,walls or planting materials.(.)
(C)Outdoor garden sales areas,associated with retail buildings,shall be
enclosed with an enclosure other than chain link or other wire fencing material.
Enclosures of garden sales areas must incorporate false walls in the fencing design that
match or complement the architectural features of the main building walls.(Ord.3763
Sec 8,2006;Ord.3637 Sec.3,2003;0rd.3515 Sec.1,2001)
25.58.095 TEMPORARYBUSINESSSTANDARDS.
(A)Temporary businesses are only permitted on lots that are fully developed
with curb gutter and sidewalk and improved with parking lots,landscaping and
buildings.
(B)Temporary businesses must be located at least 300 feet from the property
line of any residentially zoned property.
(C)Goods,wares and merchandise of any kind can only be displayed or offered
for sale from the temporary business vehicle or conveyance.
PMC Title 25 12/4/17 86
Page 200 of 204
(D)Only one temporary business vehicle is permitted per licensee and lot or
parcel.
(E)Temporary businesses must be located at least 300 feet apart.
(F)No ancillary or accessory equipment of any kind is permitted to be used with
a temporary business including but not limited to:tables,chairs,benches,picnic tables,
umbrellas,propane tanks,tents,awnings,carport structures,satellite dishes,
recreational equipment,amusement devices,entertainment equipment,portable or
temporary shelters,portable heaters,temporary lighting ?xtures,decorative lighting,
coolers not located on the business vehicle,freezers/refrigerators not located on the
business vehicle,carpet,fencing,and faux landscape elements.
(G)No parking lot modifications are permitted for the location of temporary
businesses including but not limited to:curbing,concrete slabs,decking and patios.
(H)Signage is only permitted on the temporary business vehicle and not on
public right-of-way or in parking lots.
(1)No advertising for services,activities and products that are not available on or
from the temporary business vehicle is permitted.
(J)Temporary businesses must be located at least 25 feet from any public right-
of-way.
(K)Temporary businesses must locate in an area of the parking lot that will not
impede ?re lanes or the use of drive aisles within and around parking lots.
(L)Required off street parking cannot be diminished by the location and
operation of a temporary business.(Ord.4288,2016;0rd.3972,2010.)
2S.58.10O SIGN STANDARDS.No sign shall be erected,re-erected,constructed,
painted,posted,applied or structurally altered except as provided in this section and
pursuant to the approval of the Economic &Community Development Director.All signs
shall comply with the International Building Code and Title 17 of the Pasco Municipal
Code.All signs in the I-182 overlay district shall also conform to the following:
(A)Prohibited signs:
(1)Portable reader boards,flashing,movable or moving signs.
(2)Signs,which by coloring,shape,wording or location resemble or
conflict with traf?c control signs or devices.
(3)Signs that create a safety hazard.
(B)Permitted signs:
(1)Permanent subdivision signs or area name signs of a permanent
character at street entrances or entrances to a speci?c area or development.
These signs shall not exceed six (6)feet in height.
(2)Temporary banners,?ags,pennants not to exceed a period of sixty
(60)days.
(3)Contractor,architect or engineer signs that identify the project are
permitted during the period of construction.
(4)Standard of?cial,directional,informational,warning,or safety signs
and street signs.
(C)Non Conforming Signs:
PMC Title 25 12/4/17 87
Page 201 of 204
(1)Signs that were permanently installedand legally erected prior to the
adoption of this ordinance shall be allowed to remain in use so long as they are
continuously maintained.(Ord.3515 Sec.1,2001.)
25.58.110 LOADINGAREASTANDARDS.No loading or receiving dock shall be
accessed directly from a public street.Loading and receiving clocks shall not be
permitted in the front yard portion of a building or building site.(Ord.3515 Sec.1,
2001.)
25.58.120 PARKINGSTANDARDS.All off-street parking shall comply with the
provisions of Chapter 25.78.(Ord.3515 Sec.1,2001.)
25.58.130 NON CONFORMINGLOTS,STRUCTURES,USES.Existing,legal
nonconforming lots,structures or uses will conform to the provisions set forth in Chapter
25.72 “Non Conforming Uses".(Ord.3515 Sec.1,2001.)
25.58.140 RELIEF.Where relief is sought from the provisions of this chapter,
application shall be made in the form of a letter explaining the relief sought and the
reasons therefore,accompanied by a scaled site plan and a $100.00 dollar fee.The
complete application shall be ?led with the Economic &Community Development
Director.Within ?fteen working days from the date of receipt of a complete application,
the Economic &Community Development Director shall issue a written decision to
approve,approve with modi?cations,or deny the request for relief.Any decision of the
Economic &Community Development Director may be appealed to the City Council if
written notice of appeal,which shall include all and exclusive reasons for said appeal,is
filed with the Economic &Community Development Director within ten working days from
the date of the decision.In the event a written decision is not issued by the Economic &
Community Development Director within the required time period,the application for
relief shall automatically constitute a quali?ed and properly ?led notice of appeal and shall
be consideredby the City Councilin accordance with this section.The City Council,within
thirty calendar days from the date of filing of the appeal,shall consider the appeal at a
regular meeting thereof,but such consideration shall be limited to the reasons included
in the written notice of appeal and shall include the written decision of the Economic &
Community Development Director and the reasons therefore.The City Council may
affirm,modify or reverse the decision of the Economic &Community Development
Director.(Ord.3515 Sec.1,2001.)
25.58.150 PENALTYAND ENFORCEMENT.Enforcement of the provisions of this
Title willoccur through the use of the Code Enforcement Board procedures contained in
Title 11.(0rd.3515 Sec.1,2001.)
25.58.160 ADDITIONALPENALTY-LIEN.In addition to the penalties prescribed
above,the City Councilmay itself remedy a violation of this chapter and place a lien upon
the property as permitted by law.Use of this provision,however,shall be preceded by
PMC Title 25 12/4/17 88
Page 202 of 204
written noti?cation directed by certi?ed mail to the owner of the property in violation.
Said noti?cation shall describe the violation and shall provide at least ten (10)calendar
days from date of receipt of written noti?cation during which the owner may cause the
violation to be remedied.In the presence of seasonal or other practical consideration,
the time period in which violations are to be remedied may be reasonably extended by
written instrument acknowledged by the person responsible for such remedy and
approved by the Economic &Community Development Director charged with
enforcement of this Title.(Ord.3515 Sec.1,2001.)
PMC Title 25 12/4/17 89
Page 203 of 204
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Page 204 of 204