Loading...
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 Pubtic V i ‘ shin ton Nata State of 3;KRYSTLELSHAKS ‘J MYGOMMISS|ON EXPIRES 1 January 5.2020 xx ..\xx.»\.\.\\.\:\‘~.".\"—>’\'\-‘3—‘\\““ Dedication Deed -2 GIVEN under by hand and official seal this 34 day of Q3h._Q5%, 2018. 9 Print NaI1’l6ZAAr‘u\$'\‘L§l_.3\/\oq\\PS NOTARY PUBLIC?in and for the State of Washington Residing at:904,90 My Commission Expires:§:g 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 Version 10/30/20l5 5.; Page 40 of 204 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/'>. Version 10/30/20l5 Page 41 of 204 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: Version I0/30/2015 Page 42 of 204 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. Version I0/30/20|5 Page 43 of 204 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 Version I0/30/2015 Page 44 of 204 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 Version I0/30/20I 5 Page 45 of 204 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 Version IO/30/20]5 Page 46 of 204 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 Version IO/3!)/20l 5 Page 47 of 204 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 Version I0/30/ZOIS Page 48 of 204 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 MOR-STOR FACILITY EXPANSION PLANS PORTION OF NE Y4 SECTION 2~1 TOWNSHIP9 NORTH, RANGE 29 EAST, W .M. PASCO, FRANKLIN COUNTY, WASHINGTON -' INSTALL NEW 't£"\1D£NT1A1 • • I I •---::ir 1 \ _______ C----__ --_____ 52._'UET llett_,! ~1~ __ C~Y,.~},,.~T ______ ~--~ ." ''. g~ ~: r~ cuu W'lL IJAl~ EKST ';;/~ ·0·1 N('# 6: ~o (Sl/l .. r,4 25498 •O'.t ~OT f'RO..CCT OCNCH\AAfiK BC'"' "'ONUV(N"' S~ :i Sol.)(\ll'AJC l:icsstl($Ac:AlK Ar i•2>1"J -•Al)( SlldEI N~lq-S(CflO'I O" COURT ST & ROAD 68 --~!!> CL•l'098 ACMO\'t 6c R(pt_~ O:STIJr.f. CURS A(fUfN & R.i.w> r I ~~°8:,~r,~i~T NG UTIJTl[S o\S RE~O ~ EXS1 STOR4.C£ Bl.CC rr·J~~ 79 "' I [~l ST~.~-Bloc I 1 l l'Sf ::=J I rxs1 SJORAGE ~oc -~ _ I J41 '. I 1 I'\ I NCW ,. S!OENAL< ...1.l.J~·10' UTILITY "5'ME'1 • I $' SET8"-CI< ~····~., .. ~, ll I : !J I (0 I CX> • J ~ I I N[W JO' 0R'\1:W.V. SE[ "'" 21/C2 "' "8ANOON [l0$1 NC WATER ME TER il l! I H I "ffw rxn.. HATION TRCH<>t sec on. 34/CJ 1· l;![LOCATE ()(tSTINC UT1UllES .AS R£0U IR£0 I N'iTAI t Nf N RESIOfNTIAl ~TRECT LIGHT ~ POL( ~\1 111 1' I I .... ""' l SC£ On. l2/C3 ' I I ' . --~----------------------::.:.:_;;;;;;,;;;;--:.:=:-----------.-----:==--J I Pl.A I (lf Cll '1 ACMt.S ~BOIVSSION I OAAC£L PAROCL '1'97010•• PA<C{L 111970106' PAOctL 1 119701056 f ll970108J 1 o ~ £" ~ "'~-.L. . ._,,. ~~-+~~-""'"""" I~,,~ ~ SURVt:YOR WORL[Y SU R'\1£Ylt1G Sf'R~Cr, l"IC (~) 5flli'-6715 121 S CLY, l<ENNE'MCK. WA ,__ ___ pATUM/B_ENCH,~M~~~R~K~--- OA."VY· O""V Of PA.SC.0 0£"'°01MAR< SI W C()JRT ST MIO ROAD 68. ORASS CAP !ti ~MEN I ll • ~60 9tf I TOPOGRAPHIC.\l SURI/CY ~~1 s&:\t1~~o~~M~~~r~c~~~i~. w,. •CP ,. ~-~r co C()NC C()N< CONS! COHl coo C1' "' OIL [ CC " '''" (XST ""' Fr re '" fl fl ::c.:~1 £/NV ~ l tr .. , ., ... ., •P H <X ABBR ASPHAL TIC c~nr PA'•Ul [NT ANQ.[ POINT BENCH iA AR< (:[NT[Ri.I'( CUR'1: ~~-ACr[(j lll!AlOMUM •ANHO.£ l,IH.N.N l.tfCHAMCA. ..(»fl -· ...... OH ctNTUt PC ~11••1 "rt' .. • :rrt• .. .. ••• ~ ~-· "'""' ''" ,, SI. "' •m w TI!C 11!• ""'' TC TQP ()i CIJNCRl TE T(l l(l(PHQ'll[ TG TOP Of Gfl.l.VCL l'YP 1'n'!CAL lV TClC'ASIOO/CAfl.( urt UJILllY Vl\ot:Rt •.urx:AL "' \llCST ~ :!U:wcTER OVER t..LL SITE PLAN RCU>C-' re (XJStfNC UT unts AS R(O.JllRCO THIS PLAN SET IS FOR ROAD IMPROVEMENTS ONLY. CONTRACTOR TO OBTAIN SEPARATE "" 101 v .lU 60 ,....,.., SC•1r l•JO' BUILDING PERMIT FROM CITY OF PASCO r CALL 2 BUSIN£SS BUILDING DEPARTMENT FOR BLOCK WALL 8ff0Rf YOU DIG · z 0 ~ ;; .. "' ~ ~ ~~ Lz ~ ~.., ><:5 . "'- "'" o ~ ~~I t;~~ ;;!!:~ i ~ ucn ... -' ._,~ ~ ... ~ ~~~ ~~~ I) ~ .. :::>~ ~"'i ..... , o~ h ~ a :i:a z :Ii i I l Page 76 of 204 Overview Special Permit: Mini-Storage Expansion M Applicant: Melina Puckett ap File#: SP2018-005 N · A Page 77 of 204 Vicinity Map Special Permit: Mini-Storage Expansion Applicant: Melina Puckett File#: SP2018-005 N A Page 78 of 204 Land Use Special Permit: Mini-Storage Expansion M Applicant: Melina Puckett ap File#: SP2018-005 N A Agriculture SFDU Vacant Commercial ... SFDU I Vacant I I I [ • W-G0urt St €1T-Y-L:IMITs ----L-....L...,.;~-lJ ~ ~ \. I I I t---- U /Si:ous s: c: -i---r+--· I .,, A> 3 -· - ~ 0 A> ~ I M .. ,... 1n1- I l I Commercial Vacant • 1 I-- ,1, '< Storage !:::O I 1Q , ' • m I I I la:• . ~i------__JI ~ ~~ -- 0 60 120 240 360 480 • • Feet- ' 1 w_ 1 Marij_st1 (j) 00 SFDUs '--i----1 Page 79 of 204 Zoning Map Special Permit: Mini-Storage Expansion Applicant: Melina Puckett File#: SP2018-005 County L.- ·N A r--------------J~-w-c lu rt st f e1T-Y-1:1M1rs ------L-L....:.....~.....L1 -.- ~ \. I I-./ C-1 ----1 I--- lJ Rs~ 1· I ..I ;;, ~ ~? R~2 -.... ..... :::o......-----' ' KRS~201 • , I I 1~1 R~-12 0 60 120 240 360 480 Feet }' w Marie_S.tr--i ,--1 I I I Page 80 of 204 ..c ......, li.- 0 z bO c ·-~ 0 0 ....J Page 81 of 204 +-' V> / .,, ro UJ f tlO c ·-~ 0 0 _. Page 82 of 204 Page 83 of 204 ·-~ 0 0 ~ 1 : .\ .1 Page 84 of 204 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 MOR-STOR FACILITY EXPANSION PLANS PORTION OF NEY,. SECTION 2~1 TOWNSHIP 9 NORTH, RANGE 29 EAST, W.M. PASCO, FRANl\LIN COUNTY, WASHINGTON -' ' _l' I I INSlA.Ll N(W <:;:(SIOt:NTI AL --------.,----------S~En L1~~~~--~~T------i -~ ~ 2~ 2~ ~ °i' 40':t NCW !: ~~o!~T A-'14 25 496 f 25A4 J •O'i h[W 1 f'RO~£CT B(NCINA/?K BC IN MOUUV[NT ·s j! ~ S(l(W~!..K f X$1 ~()(WALK fo. 14 SID(W"UI STR~E I IU~lRS{C110'4 Of COURT S T & RO•D 68 --~ i3 111 (L• ... 50.98 ~E ~~ ~ ~ E'IO CMU WA.Ll M4.ICH (XSl ~ r 1 -t'l'f cl 100· 2s·: : 2c<f :r ~ i C=:!5ii:::~:~~j rn r uqE STORAGE BLDG ff•J 56.JO -\000 Sf I TOP or WALL 36~.o· I I 4° Go!,T( w/#ff/ff///Nff/..9#~#.7~$$-$/Ji}),b-/},!!]vJ I f!i~ f't.HUR( STORol CE'i\LOC t F"-356.50 ~t::;: l aooJSf" ~d'&.b'ff/.b'd'ff/~£0'.liW#~.&0'/#//#&Z'.##~ , To;:> o;; WALL J64 5' G.R,._VELEO SL1RfA-8(,(TYP) 4' CAT( f;r@#//V///#/////7ff//J/J%-3//;,}},,b-/~~~ 1 FUTURE ''""'CE "-°" r.&W/d//A .,, ~;~s6s~ -50' r~ '4J I 5//@////////////#///#///////1///#/////////11///, 50.7't ·r st:WACC OISPOS.t..!.. AR(A ._________ , I !YSIQNAT(() L01 2 ON SITE I . ~ PrR SHORT PtA.l I ...1! W'.~,w~~ ... ,.. W.~/,7#7~..$'#..@W'~ t -~·-FUIURE S TORAGf. 9lDC ~ I $~~-~;~;~~ ~~DG···;~-·;·-~ii~ •• •·· (@ r~Q666JO ~ r~"'2'o~~ J6~ o' z ~ ~//////////L"Az:'2Y///.U/////////h Wffeffe//#//#~b#//hWP~#/1"~ s;:; ~-... '•••' O:ST STOR4.GC BlCC rr-J~~ 79 (X5T STORAGE rlLOG J17.2't. EXST f CNC£ ro sc:_~M O'f'EO L EXSl S T°"•CE "-DG J f C•J::>5.9J -. ""' I £XS! STORASE BLDG I ' I ""' STORAGr BLDG I '"' '10RAGF Bl DC I ' I I --_ ___L------------------------:.~.:,;.;:--.=-==---------------:-==--~ I I Pl.A.T Of Ct.EN ACRES SUBOlVtSION ) PARC(L PAPCEL 1 '1970107' PAPCFL 111 9701065 P"C£L 1119701056 4'119 /0l08J I ~ I I I S::TB.i.D< /NEW PA"NC. SE ( Oil J.l/c> ' I I ~[W JO' DRllJ[WA.Y. S[[ OT:.. 2i/C2 A.HA"llX>'I [X ISm~ WA Tl R Ml.ER ,. N(YI [Xf"ll T~A ll()N TREN CH SU DR J~/CJ RH OC.AT[ f)(1SnNG U T<'.ITl(S 115 REOU RED NS~.\ll NEW RESIOENl'Al S TREET UGr'l ON POI..£ ii ! II I' I I N[W SW ALE I ' S[( OlL 32/CJ RELOCATE E XIST!NC UTIUTI~S AS ~[Ol.J IREO THIS PLAN SET IS FOR ROAD IMPROVEMENTS ONLY. ~ r-----~R=EF~EREN CE MATER IALS 1 TOPOGRA~HICAL SU RVCY ~~1 sC~,-i~~c0~~~c~~~~~E~r~-iE~g w,., ABBREVIATIONS .CP AP '" • c er co CONC CONN COHSl CON T COR "' ~ O'L ' cc (L --- LSI.IT [AS(M[Nl (XSi C ~TING ro-. f OUNO ... TION rF rlN!SH.!:O!'l~ re flN!5HW Cf':AOC f H flFt. i"IDfo:ANl ~1 n~~ LIM:/fl ANGl:O ~a~on IC/lNV IR I II WAX "' "'" •J "" N oc ' IJ lN~l.IUIJ A$PHALl I/All~ 1Jrcw.N1CAl JOINT IJIOPOlNl NORTH ON CENTER PROP{RlY UNr PC POINT or C\JRYA II.IRE P([) PEOCSTR!AN ~~T /PT I ~i(W"r~~~~~BtR r;.f wP. ~:E~[R PQ:NT R RIGHT R/lh .O RADl\IS Rt'OO R(WRCO ~ RADIVS f>QINl RR R Ail.ROAi RO'N 5 so SOM H " 511.0R SHI ~ SL STA STD S/w TA !EC 16• ""'' TC ToP O'" CONCRf: TE T(L l(LU'liO"f: TG TCP 0:-f .RA\f:L TYP TYPICAi TV TELCIJISION 1CAll.C Ull. Ulll.IT Y ~Rl ~~rc=Al :twTR ~~~rn M ET~R 08Al'l1NG INOO:X Cl OVE~ALL snc PLAN. CIVEP SHEET C2 RO,i.D 68 WOEMNG PlAN .A.NO PROflLE. O::T A'LS C3 GRAOING PL A.N. CC"15 TRUCTlON NOT£S "-NO OET"-I LS CtTY ENG1NEER ~ 60 QV_ER A.LL SITE PLAN PLAN SCAL( CONTRACTOR TO OBTAIN SEPARATE BUILDING PERMIT FROM CITY OF PASCO BUILDING DEPARTMENT FOR BLOCK WALL NOTE: ~LL 1J T1U TY LOCA 110N$ AR£ APP~Q)(11J A Tr. CONTRACiOR ~Al.I \IER'F"Y EX.A.CT LOC~TIONS ~HH U l llff" COMPANIE~ l"RIOR iO iR("CHl'IG CAL L 2 BUSINESS DAYS BEFORE YOU DIG: 81 1 z ~ 0 ;; .. "' Z ~ Wf") c( . Cl,;, "'z ~ ~.., ><:s · .,_ ~ ... oi g ~ ~w ~ ,.,,"',, ~=~ !~ ~ ..... ~ ~ti it ~~g ~~~ Cl ~ 1-:)~ ~~1 ~~, oO oz ~ ~ ~a z ::i: i I J I i 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 M Applicant: Melina Puckett 1" ap File#: SP2018-005 ~ Agriculture SFDU Vacant Commercial .... SFDU I Vacant I r r--------1---W-G0u rt St CIT-Y-L:IMITs----L--L.l""--.u I I I 3: c: 1-- ~ (") a> :::s I M. . r+ 1n1- -\ I I / -~r+--· I U NFo6s 1 I I ~ ~ Commercial Vacant • 1 -· -1 Storage l::U l I 1 lg I I I I fc..'T I '< ;:, ~ ~~ 0 60 120 240 360 480 • • Feet- ' 1 w1Marij_st1 (j) CX> SFDUs ~ Page 95 of 204 Zoning Map Special Permit: Mini-Storage Expansion Applicant: Melina Puckett File#: SP2018-005 County N A .-----..l.---W-C0u rt St c1i:v-1.:1M1Ts----"---'----=-=J..1 C-1 ---I R!..2 ::a..------1 I I I 1g I I I I la.1 ~ 1r------R---IS-12 RS-20 0 60 120 240 360 480 W_Marie_S.t ___ __, Feet Page 96 of 204 ·-~ 0 0 _J , . . • ::t=". . . . ~ ~ Page 97 of 204 +-' Vl ro UJ tlO c ·-~ 0 0 _J I / Page 98 of 204 Page 99 of 204 ·-~ 0 0 ~ 1 .. r - 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 ii3 4-7 4 k.- k% 1 . ' A ' 4.tieiiiiiiiiPlAidt, 1.---... '.011,-,....,•14-'°- ..- - „,,,..__-_, ,_ -- 4 - 11 , 7)2.:;,-7-1 2 -' lialiii r _ 1E- 4•;it.„-,--0‘'m-~S'''I '' iiiiiiiiinffill1011111101110 BURDEN BLVD • ___,.... itz 4,&oilittiAkiiiht1411 i ' - I?II"Itr5.*''''T''-- ''' . 11 - •''fa' L., . A0DE0DR• r 1--- ti ' • , e.. .. M .."M- . ' tvindwri, - -4 A I 1 die 119E5 , N illikfel-i 44 VII ' A 64 gal. cc it I 0 ViS1 s . cc. It i 1 f 4 i i co it;la. ‘.1**' ''.1, • , 1.------- 11 . joiw.....x.....„ _...,...:,_ , VALLFY VIEW PL T I 1 1 4'"' 10)..... - aigim / 0- 4. • -NNW& 4 fie'-\\=---...,4 4, i, , pisr Argent Road ompgars- witi". ..! 7... ....7 z--'.. , , ik .1-"*"' 'I. ..... a.• 11. ... ':014I.1 ''''... d Chapel Hill Boulevard LID Area Exhibit APage 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 t i,l- M AallIMIII tmmo TRAIL ILANDSCAPa._ TRAVEL LANE I TRAVEL LANE CENTER LANE TRAVEL LANE TRAVEL LANE _LANDSCAPE I SIDEWALK Chapel Hill Boulevard Five Lane Section Exhibit B Page 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 -3- 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 -5- 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 .3- :39mm.M Page 204 of 204