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2018.09.17 Council Meeting Packet
Regular Meeting AGENDA PASCO CITY COUNCIL 7:00 p.m. September 17, 2018 Page 1. CALL TO ORDER: 2. ROLL CALL: (a) Pledge of Allegiance 3. CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by roll call vote as one motion (in the form listed below). There will be no separate discussion of these items. If further discussion is desired by Council members or the public, the item may be removed from the Consent Agenda to the Regular Agenda and considered separately. 5 - 8 (a) Approval of Minutes To approve the minutes of the Pasco City Council Meeting dated September 4, 2018. 9 - 11 (b) Bills and Communications To approve claims in the total amount of $2,226,194.76 ($834,568.71 in Check Nos. 224433-224690; $421,389.26 in Electronic Transfer Nos. 822008, 822049-822051, 822054; $43,319.08 in Check Nos. 52128-52184; $926,917.71 in Electronic Transfer Nos. 30124584-30125137. 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 $324,114.70 and, of that amount, authorize $185,064.34 to be turned over for collection. 12 (c) Downtown Pasco Development Authority Appointment To confirm the Mayor's appointment of Gabriel Portugal to Position No. 4 on the Downtown Pasco Development Authority Board, with the expiration date of 12/20/2020. (RC) MOTION: I move to approve the Consent Agenda as read. 4. PROCLAMATIONS AND ACKNOWLEDGEMENTS: Page 1 of 92 Regular Meeting September 17, 2018 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: 13 - 15 (a) Special Permit Appeal: Mor-Stor Mini Storage Expansion in a C-1 Zone (MF# APPL 2018-002) MOTION: I move to continue the Closed Record Hearing to the October 1, 2018 Regular Council Meeting. 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: 16 - 18 (a) Wrigley Drive Extension Funding STP Transfer MOTION: I move to approve Resolution No. 3859 to transfer federal Surface Transportation Program (STP) grant funds from the Dual Right Turn SB Road 68 Project to the Wrigley Drive Extension Project. 19 - 31 (b) Sale of City Property on "A" Street MOTION: I move to approve Resolution No. 3860, approving the sale of certain real property on "A" Street. 9. UNFINISHED BUSINESS: 32 - 80 (a) Rezone: RT (Residential Transition) to C-3 (General Business) (Pati Hull) (MF# Z 2018-005) MOTION: I move to accept the applicant's withdrawal of rezone application, Master File # Z 2018-005, for the property described as Short Plat 99-22, Lot 2 located at 3004 E. George Street; also known as Parcel # 113 780 104. Page 2 of 92 Regular Meeting September 17, 2018 10. NEW BUSINESS: 81 - 85 (a) *Bid Award: 17003 Columbia East Pump Station MOTION: I move to award the 17003 Columbia East Pump Station project to Clearwater Construction & Management, LLC. in the amount of $2,669,751.00 and, further, authorize the City Manager to execute the contract documents. 86 - 92 (b) 2019 Legislative Priorities Discussion 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, September 17, 6:00 p.m., LEOFF Disability Board – Conference Room 1, Pasco City Hall (MAYOR MATT WATKINS, Rep.; COUNCILMEMBER CRAIG MALONEY, Alt.) 2. Wednesday, September 19, 5:30 p.m., Benton, Franklin & Walla Walla Counties Good Roads & Transportation Association Meeting – Smiths Restaurant, 1425 W. Pine St., Walla Walla, WA (COUNCILMEMBER RUBEN ALVARADO, Rep.; COUNCILMEMBER SAUL MARTINEZ, Alt.). 3. Thursday, September 20, 12:30 p.m., Greater Columbia ACH Leadership Council & Board Meeting – Tri-Cities Community Health Board Room, 800 W. Court St. (COUNCILMEMBER RUBEN ALVARADO). 4. Thursday, September 20, 4:00 p.m., Tri-Cities National Park Committee Meeting – Tri-Cities Regional Business & Visitor Center, Bechtel Board Room, 7130 W. Grandridge Blvd. (MAYOR MATT WATKINS). 5. Friday, September 21, 11:30 a.m., Benton-Franklin Council of Governments Board Meeting – El Chapala, 107 E. Columbia Drive, Kennewick (COUNCILMEMBER BLANCHE BARAJAS, Rep., COUNCILMEMBER RUBEN ALVARADO, Alt.). Page 3 of 92 Regular Meeting September 17, 2018 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 puede estar disponible con aviso. Por favor avisa la Secretaria Municipal dos días antes para garantizar la disponibilidad.) Page 4 of 92 AGENDA REPORT FOR: City Council September 11, 2018 TO: Dave Zabell, City Manager Regular Meeting: 9/17/18 FROM: Daniela Erickson, City Clerk Administrative & Community Services SUBJECT: Approval of Minutes I. REFERENCE(S): Minutes 09.04.18 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve the minutes of the Pasco City Council Meeting dated September 4, 2018. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 5 of 92 REGULAR MEETING MINUTES PASCO CITY COUNCIL SEPTEMBER 4, 2018 CALL TO ORDER: The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor. ROLL CALL: Councilmembers present: Ruben Alvarado, Blanche Barajas, Craig Maloney, Saul Martinez, David Milne, Pete Serrano, and Matt Watkins. Staff present: Dave Zabell, City Manager; Stan Strebel, Deputy City Manager; Leland Kerr, City Attorney; Steve Worley, Public Works Director; Rick White, Community & Economic Development Director; Richa Sigdel, Finance Director; Dan Dotta, Interim Administrative & Community Services Director; Bob Metzger, Police Chief and Bob Gear, Fire Chief. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: Approval of Minutes To approve the minutes of the Pasco City Council Meeting dated August 20, 2018. Bills and Communications To approve claims in the total amount of $2,970,362.59 ($1,707,362.33 in Check Nos. 224189-224432; $416,850.28 in Electronic Transfer Nos. 821625-821647, 821657-821730, 821737-821777, 821782-821803, 821811-821886, 821888- 821927, 821929 and 821975-821976; $49,937.48 in Check Nos. 52071-52127; $796,212.50 in Electronic Transfer Nos. 30124033-30124583). MOTION: Mr. Maloney moved to approve the Consent Agenda as read. Mr. Martinez seconded. Motion carried by unanimous Roll Call vote. PROCLAMATIONS AND ACKNOWLEDGEMENTS: Presentation of Proclamation for "Back the Blue Day". Mayor Watkins presented a Proclamation to Pastor Thom Fields and Doug Thomas with The Garden Tri Cities proclaiming September 15, 2018, "Back the Blue Day." Yard and Business of the Month Awards Mayor Watkins presented Certificates of Appreciation for August 2018 "Yard of the Month" and "Business Appearance of the Month" to: • Angel & Xochitl Aguilar, 1136 Lincoln Drive • Al & Mary Vierck, 811 N. Road 37 • Andrew & Heather Brickey, 4105 Palmyra Drive • David & Sofia Gunlock, 9203 Wellington Drive • Mueller's Greenlee Funeral Home, 1608 W. Court Street Page 6 of 92 REGULAR MEETING MINUTES PASCO CITY COUNCIL SEPTEMBER 4, 2018 REPORTS FROM COMMITTEES AND/OR OFFICERS: Verbal Reports from Councilmembers Mr. Alvarado attended the ribbon cutting at the new Pasco Grocery Outlet location. Mr. Serrano and Mr. Milne also attended. Mr. Maloney attend the ribbon cutting at Starbucks on Court Street for the new fast charging and solar powered electric vehicle charging station. Ms. Barajas commented on what a great asset the charging station will be to the community and hopes that more will be implemented. Also, Mr. Milne attended the Starbucks ribbon cutting. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: Special Permit Appeal: Mor-Stor Mini Storage Expansion in a C-1 Zone (MF# APPL 2018-002) Council and staff discussed the appeal. MOTION: Mr. Maloney moved to continue the Closed Record Hearing to the September 17, 2018 regular Council meeting. Mr. Serrano seconded. Motion carried unanimously. Street Vacation: A portion of West Nixon Street (MF# VAC 2018-003) CONDUCT PUBLIC HEARING Council and staff discussed the proposed vacation. Mayor Watkins declared the Public Hearing open to consider the proposed vacation. Mr. Gabriel Portugal, 804 Road 52 - initiated this around two years ago, would like to build a couple of homes for his daughters. MOTION: Mr. Maloney moved to continue the public hearing for the proposed vacation of a portion of West Nixon Street to a date to be determined with at least 20 days’ notice of the continuation date to affected owners as required by statute. Mr. Milne seconded. Motion carried unanimously. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: Repealing PMC 12.20 Street Vacations MOTION: Mr. Maloney moved to adopt Ordinance 4395, repealing Chapter 12.20 of the Pasco Municipal Code, Street Vacations, and further, authorize publication by summary only. Mr. Alvarado seconded. Motion carried unanimously. Rezone: I-1 (Light Industrial) to R-3 (Medium Density Residential) (Rigo Rangel) (MF# Z 2018-004) Page 7 of 92 REGULAR MEETING MINUTES PASCO CITY COUNCIL SEPTEMBER 4, 2018 MOTION: Mr. Maloney moved to adopt Ordinance No. 4396, rezoning 2120 W. "A" Street from I-1 (Light Industrial) to R-3 (Medium Density Residential), and further, authorize publication by summary only. Ms. Barajas seconded. Motion carried unanimously. Rezone: RT (Residential Transition) to C-3 (General Business) (Pati Hull) (MF# Z 2018-005) Council and staff discussed the proposed rezone. Mr. White stated the applicant and estate executor requested a continuance. MOTION: Mr. Maloney moved to continue this item for two weeks to September 17, 2018. Mr. Martinez seconded. Motion carried unanimously. Preliminary Plat: Burgess Plat (MF# PP 2018-006) MOTION: Mr. Maloney moved to approve Resolution No. 3858, approving the Preliminary Plat for the Burgess Plat. Ms. Barajas seconded. Motion carried unanimously. MISCELLANEOUS DISCUSSION: Mayor Watkins requested staff discuss the sidewalk policy at an upcoming workshop. Mr. Zabell said a goal is to do an inventory on gaps in the transportation system. Mr. Zabell reminded everyone that the 1st Annual Riverfest begins this weekend at 11:00 A.M. The Fiery Food Festival will be this Saturday from 10:00 AM to 6:00 PM at Peanuts Park. The Congressional Hearing will be next Monday, September 10th, in our Council Chambers. ADJOURNMENT. There being no further business, the meeting was adjourned at 7:51 p.m. PASSED AND APPROVED this 17th day of September, 2018. APPROVED: ATTEST: Matt Watkins, Mayor Daniela Erickson, City Clerk Page 8 of 92 AGENDA REPORT FOR: City Council September 13, 2018 TO: Dave Zabell, City Manager Regular Meeting: 9/17/18 FROM: Richa Sigdel, Director Finance SUBJECT: Bills and Communications I. REFERENCE(S): Accounts Payable 09.17.18 Bad Debt Write-off/Collection II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve claims in the total amount of $2,226,194.76 ($834,568.71 in Check Nos. 224433-224690; $421,389.26 in Electronic Transfer Nos. 822008, 822049-822051, 822054; $43,319.08 in Check Nos. 52128-52184; $926,917.71 in Electronic Transfer Nos. 30124584-30125137. 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 $324,114.70 and, of that amount, authorize $185,064.34 to be turned over for collection. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 9 of 92 REPORTING PERIOD: September 17, 2018 Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined Check Numbers 224433-224690 52128-52184 Total Check Amount $834,568.71 $43,319.08 Total Checks 877,887.79$ Electronic Transfer Numbers 822008 30124584-30125137 822049-822051 822054 Total EFT Amount $421,389.26 $926,917.71 $0.00 Total EFTs 1,348,306.97$ Grand Total 2,226,194.76$ Councilmember 228,857.57 14,489.53 0.00 0.00 17,512.53 146.16 0.00 395.89 11,832.66 13,750.66 2,456.43 59,214.75 584.38 320.13 0.00 97.63 36,950.55 488.98 989.40 17,843.00 0.00 2,139.02 0.00 0.00 68,602.86 295,641.47 57,125.45 16,973.01 20,910.80 0.00 91,002.76 0.00 0.00 1,267,869.14 GRAND TOTAL ALL FUNDS:2,226,194.76$ EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL EQUIPMENT RENTAL - REPLACEMENT BUSINESS MEDICAL/DENTAL INSURANCE OLD FIRE OPEB FLEX PAYROLL CLEARING STADIUM/CONVENTION CENTER LID GENERAL CAP PROJECT CONSTRUCTION UTILITY, WATER/SEWER EQUIPMENT RENTAL - OPERATING GOVERNMENTAL EQUIPMENT RENTAL - OPERATING BUSINESS SPECIAL ASSESSMENT LODGING LITTER ABATEMENT REVOLVING ABATEMENT TRAC DEVELOPMENT & OPERATING PARKS ECONOMIC DEVELOPMENT ATHLETIC PROGRAMS GOLF COURSE SENIOR CENTER OPERATING MULTI-MODAL FACILITY SCHOOL IMPACT FEES RIVERSHORE TRAIL & MARINA MAIN C.D. BLOCK GRANT HOME CONSORTIUM GRANT NSP GRANT MARTIN LUTHER KING COMMUNITY CENTER AMBULANCE SERVICE CEMETERY Councilmember SUMMARY OF CLAIMS BY FUND: GENERAL FUND STREET ARTERIAL STREET STREET OVERLAY City of Pasco, Franklin County, Washington We, the undersigned, do hereby certify under penalty of perjury the materials have been furnished, the services rendered or the labor performed as described herein and the claim is a just, due and unpaid obligation against the city and we are authorized to authenticate and certify to such claim. Dave Zabell, City Manager Richa Sigdel, Finance Director We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this 17th day of September, 2018 that the merchandise or services hereinafter specified have been received and are approved for payment: August 30 - September 12, 2018 C I T Y O F P A S C O Council Meeting of: Accounts Payable Approved The City Council Page 10 of 92 BAD DEBT WRITE-OFF/COLLECTION August 1 – August 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 $ 56.94 768.74 825.68 Ambulance $ 138,993.42 16,874.57 155,867.99 Court A/R $ .00 162,833.00 162,833.00 Code Enforcement $ .00 3,859.00 3,859.00 Cemetery $ .00 729.03 729.03 General $ .00 .00 .00 Miscellaneous $ .00 .00 .00 TOTAL: $ 139,050.36 185,064.34 324,114.70 Page 11 of 92 AGENDA REPORT FOR: City Council September 11, 2018 TO: Dave Zabell, City Manager Regular Meeting: 9/17/18 FROM: Stan Strebel, Deputy City Manager Executive SUBJECT: Downtown Pasco Development Authority Appointment I. REFERENCE(S): II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to confirm the Mayor's appointment of Gabriel Portugal to Position No. 4 on the Downtown Pasco Development Authority Board, with the expiration date of 12/20/2020. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: The Downtown Pasco Development Authority (DPDA) undertakes and facilitates revitalization efforts in downtown Pasco and oversees the activities and efforts of the Authority's Executive Director. The DPDA is composed of seven members; terms are for four years. The Board meets on the third Thursday of each month at 4:00pm. V. DISCUSSION: There are currently four vacant positions on the Authority Board. Mr. Portugal interviewed for a position in June 2017 and brings with him a record of considerable community involvement; as a current and long-time member of the Police Chief's Citizens Advisory Committee, a current member of the Pasco Planning Commission and regular volunteer for DPDA events. The Mayor requests Council's concurrence in this appointment to the Downtown Pasco Development Authority, as outlined in the motion above. Page 12 of 92 AGENDA REPORT FOR: City Council September 12, 2018 TO: Dave Zabell, City Manager Rick White, Director Community & Economic Development Regular Meeting: 9/17/18 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 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to continue the Closed Record Hearing to the October 1, 2018 Regular Council Meeting. 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. The applicant appealed the Planning Commission recommendation to approve the special permit with the conditions listed, and Council scheduled a Closed Record Hearing to consider the appeal at the August 20, 2018 meeting. At the Closed Record Hearing on August 20, 2018, Council approved a motion to continue this item to the September 4, 2018 Council Meeting and on September 4, 2018, Council moved to continue the item to the September 17, 2018 Council Meeting in order to give staff and legal counsel the opportunity to negotiate an agreement for resolution of the appeal. Page 13 of 92 V. DISCUSSION: Legal counsel of City staff and the owner/applicant have reached tentative agreement on several issues that will enable the appeal to be withdrawn but both request additional time to refine the recommended conditions of approval. The owner/applicant has indicated that there are no complications from this request for additional time. Staff requests Council concurrence on the postponement until the October 1st, Council Meeting Page 14 of 92 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 15 of 92 AGENDA REPORT FOR: City Council September 12, 2018 TO: Dave Zabell, City Manager Steve Worley, Public Works Director Regular Meeting: 9/17/18 FROM: Dan Ford, City Engineer Public Works SUBJECT: Wrigley Drive Extension Funding STP Transfer I. REFERENCE(S): Resolution II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. ____ to transfer federal Surface Transportation Program (STP) grant funds from the Dual Right Turn SB Road 68 Project to the Wrigley Drive Extension Project. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: Federal Surface Transportation Program (STP) funds in the amount of $914,628 have previously been awarded to the City from the Benton Franklin Council of Governments (BFCG) for the Dual Right Turn SB Road 68 project. As the result of a broader analysis of congestion and safety in and around the Road 68 Interchange and Burden corridor, the extension of Wrigley Drive between Clemente Lane and Convention Drive has been identified as a valuable improvement to lessening congestion and enhancing safety within the area. Accordingly, the 2018 and 2019 Transportation Improvement Plans (TIPs) have included this project. Engineering staff have met and conferred with Washington State Department of Transportation (WSDOT) officials over the past year to discuss the Rd 68 Interchange and its impact on surrounding City arterial streets. WSDOT concurs that the Wrigley Drive Extension project is a means to decrease congestion and improve safety at the Page 16 of 92 Road 68 and Burden Boulevard intersection. The Wrigley Drive Extension project generally supports the same goal as the Dual Right Turn SB Road 68 project, and is considered to be part of a package of projects/modifications in and around the interchange needed to improve congestion. At an estimated cost of $310,000, the Wrigley Drive Extension is able to be completed with the available funding, leaving $604,928 available for future modifications to the interchange and affected arterials. Other federal funds will become available over time to help fund safety and congestion related projects in this interchange corridor. V. DISCUSSION: The Wrigley Drive Extension Project was most recently discussed with the City Council during the Engineering Division presentation by City Engineer Ford at the August 27, 2018 Workshop Meeting. This project supports the Council Goal: Community Transportation Network - Promote a highly-functional multi-modal transportation network through continued emphasis on improvements in Road 68/I-182/Burden Blvd. corridor. Staff recommends approval of the proposed resolution formalizing the City Council's policy direction to transfer a portion of the aforementioned federal STP grant funds to the Wrigley Drive Extension Project. Page 17 of 92 RESOLUTION NO. _______ A RESOLUTION TO TRANSFER FEDERAL SURFACE TRANSPORTATION PROGRAM (STP) GRANT FUNDS FROM THE DUAL RIGHT TURN SB ROAD 68 PROJECT TO THE WRIGLEY DRIVE EXTENSION PROJECT. WHEREAS, in 2013, the City allocated 2016 STP Funds in the amount of $914,628 for design and construction of the Dual Right Turn South Bound Lane Road 68 Project based on 2014-2019 TIP Project Priorities, and WHEREAS, staff and WSDOT worked together to study the corridor and interchange and identified three projects that will offer practical, economical solution s to the Road 68 Interchange congestion, and WHEREAS, the three identified projects work together in function and proximity to accomplish the original intent of the Dual Right Turn South Bound Lane Road 68 Project; and WHEREAS, one of the projects is the Wrigley Drive Extension project which will provide another connection to Road 68 from the residential area to the east; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, that the City Council accepts the transfer of STP (UL) funds in the amount of $310,000 from the Dual Right Turn South Bound Lane Road 68 Project to the Wrigley Drive Extension Project. PASSED by the City Council of the City of Pasco this 17th day of September, 2018. _____________________________ Matt Watkins Mayor ATTEST: APPROVED AS TO FORM: _____________________________ __________________________ Daniela Erickson Leland B. Kerr City Clerk City Attorney Page 18 of 92 AGENDA REPORT FOR: City Council September 12, 2018 TO: Dave Zabell, City Manager Regular Meeting: 9/17/18 FROM: Stan Strebel, Deputy City Manager Executive SUBJECT: Sale of City Property on "A" Street I. REFERENCE(S): Resolution Offer Summary Purchase and Sale Agreement II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. _____, approving the sale of certain real property on "A" Street. III. FISCAL IMPACT: Approximately $40,000 net to General Fund IV. HISTORY AND FACTS BRIEF: The City owns a small .28 acre property on "A" Street at 1st Avenue. The property is zoned R-2 Medium Density Residential and was originally acquired to allow for intersection improvements, which have been completed. The property was recently considered surplus by the City Council and a market analysis was completed by the City's broker. The proposed sale price is $43,604 ($3.50 sq. ft.) is equal to the value per the market analysis. V. DISCUSSION: Staff recommends approval of the proposed Resolution authorizing the City Manager to complete the sale. Page 19 of 92 RESOLUTION NO. A RESOLUTION of the City of Pasco,Washington,approving the sale of certain real property on “A”Street. WHEREAS,the City owns vacant real property located at “A”Street and 15‘Avenue which is surplus to City needs;and WHEREAS,the City has listed the property for sale and obtained a Market Analysis of the value of the property through its Real Estate Broker;and WHEREAS,the City Council ?nds as follows: 1.That the proposed purchase price of $43,604 is in line with the Market Analysis value of the property;and 2.That the benefits to be derived from the sale of the property,demonstrate a value in excess of the value of continued ownership/maintenance by the City. NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON,DOES RESOLVE AS FOLLOWS: Section 1.That the City sale of certain real property consisting of .28 acres to Lucio G.Mendoza Chavez and Marina Infante Zuniga,according to the terms as described in the Purchase and Sale Agreement,attached hereto as Exhibit A,is hereby approved. Section 2.That the City Manager is hereby authorized to execute all documents necessary to effect the sale of the property in accordance with the Purchase and Sale Agreement. PASSED by the City Council of the City of Pasco at a regular meeting this 17th day of September,2018. Matt Watkins,Mayor ATTEST: Daniela Erickson,City Clerk Leland B.Kerr,City Attorney Page 20 of 92 Offer Summary szgrrsv 2 ccimr-umv Property Address:nka A Street.Pasco.WA Buyer:Lucio G.Mendoza Chavez &Marina lnfante Zuniga Buyer’s Broker:I Professional Reaitv $e_m_ce_s Offer Price:$43.6_04 Estimated Ned Proceeds:$39,031 Method of Payment:Cash Financial Institution:NA Earnest Money Amount:$_‘LQQQ Earnest Money Due: Due Diligence:0 Days Other Contingencies:None Proposed Closing Date:933.18 or sooner Rob EllsworthlCCIM Managing roker 509.430.2378 Page 21 of 92 UIHLML :~.\mm Estimated Net Proceeds I nka A Street Offer ‘g|L?SVN Sale Amount $43,604 Escrow Fee $325 Title Insurance $630 Recording $150 Sales Tax $76 Excise Tax $776 1.78% Brokerage $2,616 6% Other $0 Other $0 Total Closing Costs $4,573 Pre-Payoff Proceeds $39,031 Page 22 of 92 Docusign Envelope ID:0CA6122D-A452-4053-94AC-0113C50/K6688 Fm 25 N rth “?:°.i".9"L-’-‘l"SVaca(Land P rcha as I 0 wes U Ip8 |5|l"9 EMCB Rev.3/””5°38 VACANT LAND PURCHASE AND SALE AGREEMENT ALL Rim.”-5 RESERVE9 Page 1 N5 SPECIFIC TERMS 1.Date:September 10,2018 MLS No.:232371 Offer Expiration Date:Segtcember 11,2018 2.Buyer:Lucio G.Mendoza Chavez,Marina Infante Zuniga 5W9’aiiyiii S|H|u< 3.Setter:City of Pasco seiiei Seller 4.Property:Legal Description attached as Exhibit A.Tax Parcel No(s).:112,060,323 nice A Street,Pasco,WA 99301 Address Elly Purchase Price:$43604 .00 Cash state zip Dollars Earnest Money:5 1 000.00 Tltlalnsurance Company:NToU "7“°’V¢‘-/'\/ S B?ll/TOIV?Q"qQ‘$'d £:cClosingAgent: coinpiaii, 10.Closing Date:Se tember 28 2018 12.Chargesmssessrnents Levied Before but D 5 6 mCheck;E]Note;E]Other 7.Default:(check only one)M Forfeiture of Earnest Money;1:)Seller's Election of Remedies 8 9 :Possession Date: 11.services of Closing Agent for Payment of Utilities:M Requested (attach NWMLS Form 22K);lj Waived fter Closing:[1 assumed by Buyer:in prepaid in full by Seller at Closing Individual (optional) on C|oslng:[]Other 13.Seller Citizenship (FIRPTA):Sellerlj is?i not a foreign person for purposes of US.income taxation .E1is not required to be subdivided14.Subdivision:The Property lj must be subdivided before 15.Feasibility Contingency Expiration Date:13 0 days after mutual acceptance;D Other 16.Agency Disclosure:Selling Broker represents:3]Buyer:[1 Seller:E]both parties:[1 neither party Listing Broker represents:mSeller;[:1 both parties 17.Addenda: 7771.51 __ i./tuwrsa Cogtp (held by [:1 Selling Firm;E Closing Agent) J;/<9” noziisiqnoia Hy‘ lucid5.Mun.A l luxw./';F ‘(M7 09/10/2013 7.—/(—/{ euyeFssiB?§t\1r‘e9t“.iI8K‘oG.M0 z‘3"!§t9aVit v Dale Seller's Signature city Dali‘: Miu/ii/wtlufamhn/?i54oi4po1a Buyers Signature Marina In£nn‘to.?uBiql47uA Date Sellers signaiiiie min 5;,-‘A/.34:;Aug)7,-9.Bay 7.71 Buyers Address Sellers Address 'PA5¢o ,LLJA 795°! cit ,StaiB,Zip ‘Clly.Stats.Zip '7 55!-5/‘W3’s-o7_s-<r:—s-74o .s'</.r'—5</M Phone No.Fax No.Phone No.Fax No 4 srxeazvs db "PA:<-o —w I «As Bu efs E ail Address v‘Sellers E-mail AddressEI,:‘;‘silr’/Lt-VK@414 §4Tb'/I-Q—5 svu Rotter 5 Colnplny 53 Selling Firm MLS Ol?oe Na.Listing Firm ML5 Ollice No ‘D.-iii Ck»i.'L/I‘//“V Rob Ellsworth 323 se_iiii_igB10ka1(Pf1M) ‘A -_MLS LAG No.Listing Bloltel’(pll?l)MLS LAG NH 385)3-27 5550 >4‘?3<w‘»‘/'53 (V (509)737-9429 (509)430-2373 Firm PhoneNo.ker Phone No.Firm Fax No.Firm Phone No.Broker Phone No.Firm Fax N0 /1041}.25.63’:jar iv.)/i.(("M Selling Firm Document Email Address i‘/5:-wicirMr:zit}‘EVYIM//‘C"‘V’ Selling Brokers E-mail Address.é “ //;2c"/;9 /3 1 5! Selling Eioker DOL License No.Selling ?rm DOL License No conttactse xcsothagyszea1ty.com Listing Firm Document Email Address robe rahellsuortzh .com Listing Brokers E-mail Address Listing Broker DOL License No pf(IrL':~.\|n?l!|Reality Services.7(;0l W.(‘lcnrwutcr Aw Suite 430 Kcnncwick WA 99336 I'|ii|71L."Slwilll-Ittlttl |".lX.Dina ifuiiinchn Produced with zipFuim.-vny 1IpLugix loom Fiiieeii Mile Road Fraser ri.1ii.iiigaiiAec25 Lx 1) Llsllng Firm DOL LIUHISEI No lilciu (i \Icmlu1'.i Page 23 of 92 D0t;uSIgn Envelope lD DCAEH22D-A452-4D53-94AC-0113C5lJA66B8 Form 25 ©Cr:1)p'yright2017 SVLdPlBi3INrthttiList'n rviceR2333‘/173"”'°""5"3 '3 VACANT LAND PURCHASE AND SALE AGREEMENT °A.Wf:..G:..g7.Es;,§vE*}, Page 2 or 5 GENERAL TERMS Continued a.Purchase Price.Buyer shall pay to Seller the Purchase Price.including the Earnest Money.in cash at Closing.unless otherwise speci?ed in this Agreement.Buyer represents that Buyer has sufficient funds to close this sale in accordance with this Agreement and is not relying on any contingent source of funds.including funds from loans.the sale of other property.gifts.retirement.or future earnings.except to the extent otherwise speci?ed in this Agreement. b.Earnest Money.Buyer shall deliver the Earnest Money within 2 days after mutual acceptance to Selling Broker or to Closing Agent.lf Buyer delivers the Earnest Money to Selling Broker.Selling Broker will deposit any check to be held by Selling Firm.or deliver any Earnest Money to be held by Closing Agent,within 3 days of receipt or mutual acceptance, whichever occurs later.If the Earnest Money is held by Selling Firm and is over $10.000.00 it shall be deposited into an interest bearing trust account in Selling Firm's name provided that Buyer completes an IRS Form W-9.interest,if any. after deduction of bank charges and fees.will be paid to Buyer.Buyer shall reimburse Selling Firm for bank charges and fees in excess of the interest earned.it any.if the Earnest Money held by Selling Firm is over $10,000.00 Buyer has the option to require Selling Firm to deposit the Earnest Money into the Housing Trust Fund Account.with the interest paid to the State Treasurer.if both Seller and Buyer so agree in writing.If the Buyer does not complete an lRS Form W-9 before Selling Firm must deposit the Earnest Money or the Earnest Money is $10,000.00 or less,the Earnest Money shall be deposited into the Housing Trust Fund Account.Selling Firm may transfer the Earnest Money to Closing Agent at Closing.if all or part of the Eamest Money is to be refunded to Buyer and any such costs remain unpaid.the Selling Firm or Closing Agent may deduct and pay them therefrom.The parties instruct Closing Agent to provide written verification of receipt of the Earnest Money and notice of dishonor of any check to the parties and Brokers at the addresses and/or fax numbers provided herein. Upon termination of this Agreement,a party or the Closing Agent may deliver a form authorizing the release of Earnest Money to the other party or the parties.The party(s)shall execute such form and deliver the same to the Closing Agent. If either par1y fails to execute the release form.a party may make a written demand to the Closing Agent for the Earnest Money.Pursuant to RCW 64.04,Closing Agent shall deliver notice of the demand to the other party within 15 days.if the other party does not obiect to the demand within 20 days of Closing Agents notice,Closing Agent shall disburse the Earnest Money to the party making the demand within 10 days of the expiration of the 20 day period.If Closing Agent timely receives an objection or an inconsistent demand from the other party.Closing Agent shall commence an interpleader action within 60 days of such objection or inconsistent demand.unless the parties provide subsequent consistent instructions to Closing Agent to disburse the earnest money or refrain from commencing an interpleader action for a speci?ed period of time,Pursuant to RCW 4.28.080.the parties consent to service of the summons and complaint for an interpleader action by first class mail,postage prepaid at the party's usual mailing address or the address identified in this Agreement.if the Closing Agent complies with the preceding process.each party shall be deemed to have released Closing Agent from any and all claims or liability related to the disbursal of the Earnest Money.if either party fails to authorize the release of the Earnest Money to the other party when required to do so under this Agreement.that pany shall be in breach of this Agreement.For the purposes of this section.the term Closing Agent includes a Selling Firm holding the Earnest Money.The parties authorize the party commencing an interpleader action to deduct up to $500.00 for the costs thereof. c.Condition of Title.Unless otherwise speci?ed in this Agreement.title to the Property shall be marketable at Closing. The following shall not cause the title to be unmarketable:rights,reservations.covenants.conditions and restrictions. presently of record and general to the area;easements and encroachments.not materially affecting the value of or unduly interfering with Buyer's reasonable use of the Property:and reserved oil and/or mining rights.Monetary encumbrances or liens not assumed by Buyer.shall be paid or discharged by Seller on or before Closing.Title shall be conveyed by a Statutory Warranty Deed.If this Agreement is for conveyance of a buyer's interest in a Real Estate Contract,the Statutory Warranty Deed shall include a buyer's assignment of the contract suf?cient to convey after acquired title.If the Property has been short platted.the Short Plat number is in the Legal Description. d.Title Insurance.Seller authorizes Buyer's lender or Closing Agent.at Seller's expense.to apply for the then-current ALTA form of standard form owner's policy of title insurance from the Title Insurance Company.If Seller previously received a preliminary commitment from a Title Insurance Company that Buyer declines to use.Buyer shall pay any cancellation fees owing to the original Title Insurance Company.Otherwise,the party applying for title insurance shall pay any title cancellation fee.in the event such a fee is assessed.The Title insurance Company shall send a copy of the preliminary commitment to Seller.Listing Broker.Buyer and Selling Broker.The preliminary commitment.and the title policy to be issued,shall contain no exceptions other than the General Exclusions and Exceptions in said standard form and Special Exceptions consistent with the Condition of Title herein provided.If title cannot be made so insurable prior to the Closing Date.then as Buyer's sole and exclusive remedy.the Earnest Money shall.unless Buyer elects to waive such defects or encumbrances.be refunded to the Buyer,less any unpaid costs described in the Agreement,and this Agreement shall thereupon be terminated.Buyer shall have no right to speci?c performance or damages as a consequence of Sellers inability to provide insurable title. e.Closing and Possession.This sale shall be closed by the Closing Agent on the Closing Date.“Closing”means the date on which all documents are recorded and the sale proceeds are available to Seller.If the Closing Date falls on a Satur yacsunday.legal holida nedinRCW1.16.050.or day when the county recording office is closed.the !\1l\)N7?\lB)I\)lV —‘-‘-‘-*4‘-‘8$$‘3 83S€3%$S$$fi$3 £’£3i‘i58$8‘<i’‘6.'8§i‘:§£38$E3oiu-sum.-c Z£a31i‘$uii>:.no_-otomsimui Jauroa Closi Wéhall close the tr nmf n on the next day that is not a S rday.Sunday.legal holiday.or day when the 09/10/2013 09/10/2013 ?—II~lr Buyer's Initials Date Buyer's initials Dale Selle lnt ials Dale seiiers tnmats Date umaiicoti with zipranns by Z!DLDqlX18070 Fifteen Mira Road.Fraser,Mlzhlgnn 43025 jx£mn l.uciu (i.Mciidrmi Page 24 of 92 Docusign Envelope ID.OCA6122D-A452~4D53—94AC-0113C50A66B8 Form 25 ©Copynght 2017 Xacar2it1L7andPurchase8-Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service ev.ALL RIGHTS RESERVED Page 3 ol 5 GENERAL TERMS Coriiiriued county recording of?ce is closed.Buyer shall be entitled to possession at 9:00 p.m.on the Possession Date.Seller shall 61 maintain the Property in its present condition,normal wear and tear excepted,until the Buyer is entitled to possession.62 Buyer reserves the right to walk through the Property within 5 days of Closing to verify that Seller has maintained the 63 Property as required by this paragraph.Seller shall not enter into or modify existing leases or rental agreements.64 service contracts.or other agreements affecting the Property which have terms extending beyond Closing without ?rst 65 obtaining Buyer's consent.which shall not be unreasonably withheld.66 f.Section 1031 Like-Kind Exchange.If either Buyer or Seller intends for this transaction to be a part of a Section 1031 (37 like-kind exchange.then the other party shall cooperate in the completion of the like-kind exchange so long as the 68 cooperating party incurs no additional liability in doing so,and so long as any expenses (including attorneys‘fees and 69 costs)incurred by the cooperating party that are related only to the exchange are paid or reimbursed to the cooperating 70 party at or prior to Closing.Notwithstanding the Assignment paragraph of this Agreement.any party completing a 71 Section 1031 |ike~kind exchange may assign this Agreement to its quali?ed intermediary or any entity set up for the 72 purposes of completing a reverse exchange.73 g.Closing Costs and Prorations and Charges and Assessments.Seller and Buyer shall each pay one-hall of the 74 escrow fee unless otherwise required by applicable FHA or VA regulations.Taxes for the current year.rent.interest.75 and lienable homeowner‘s association dues shall be prorated as of Closing.Buyer shall pay Buyer's loan costs.76 including credit report.appraisal charge and lenders title insurance.unless provided otherwise in this Agreement.If any 77 payments are delinquent on encumbrances which will remain after Closing,Closing Agent is instructed to pay such 78 delinquencies at Closing from money due,or to be paid by.Seller,Buyer shall pay for remaining fuel in the fuel tank ii.79 prior to Closing,Seller obtains a written statement fron1 the supplier as to the quantity and current price and provides 80 such statement to the Closing Agent.Seller shall pay all utility charges.including unbilled charges.Unless waived in 81 Speci?c Term No.11,Seller and Buyer request the services of Closing Agent in disbursing funds necessary to satisfy 82 unpaid utility charges in accordance with RCW 60.80 and Seller shall provide the names and addresses of all utilities 83 providing service to the Property and having lien rights (attach NWMLS Form 22K Identi?cation of Utilities or 84 equivalent).85 Buyer is advised to verify the existence and amount of any local improvement district.capacity or impact charges or 86 other assessments that may be charged against the Property before or after Closing.Seller will pay such charges that 87 are or become due on or before Closing.Charges levied before Closing.but becoming due after Closing shall he paid 58 as agreed in Speci?c Term No.12.89 ll.Sale Information.Listing Broker and Selling Broker are authorized to report this Agreement (including price and all 90 terms)to the Multiple Listing Senrice that published it and to its members.?nancing institutions.appraisers.and anyone 91 else related to this sale.Buyer and Seller expressly authorize all Closing Agents.appraisers,title insurance companies,92 and others related to this Sale.to furnish the Listing Broker and/or Selling Broker.on request,any and all information 93 and copies of documents concerning this sale.94 l.Seller Citizenship and FlRPTA.Seller warrants that the identi?cation of Sellers citizenship status for purposes of U8.95 income taxation in Speci?c Term No.13 is correct.Seller shall execute a cenification (NWMLS Form 22E or equivalent)96 under the Foreign Investment in Real Property Tax Act (“FIRPTA")at Closing and provide the certification to the Closing 97 Agent.lf Seller is a foreign person for purposes of US.income taxation.and this transaction is not othenivise exempt 98 from FIRPTA.Closing Agent is instructed to withhold and pay the required amount to the Internal Revenue Service.99 l.Notices and Delivery of Documents.Any notice related to this Agreement (including revocations of ofiers or 100 counteroffers)must be in writing.Notices to Seller must be signed by at least one Buyer and shall be deemed delivered 101 only when the notice is received by Seller.by Listing Broker.or at the licensed of?ce of Listing Broker.Notices to Buyer 102 must be signed by at least one Seller and shall be deemed delivered only when the notice is received by Buyer.by 103 Selling Broker.or at the licensed office of Selling Broker.Documents related to this Agreement.such as NWMLS Form 104 17C,lnforrnation on Lead-Based Paint and Lead-Based Paint Hazards.Public Offering Statement or Resale Certi?cate.105 and all other documents shall be delivered pursuant to this paragraph.Buyer and Seller must keep Selling Broker and 106 Listing Broker advised of their whereabouts in order to receive prompt notification of receipt of a notice.107 Facsimile transmission of any notice or document shall constitute delivery.E—maiItransmission of any notice or 108 document (or a direct link to such notice or document)shall constitute delivery when:(i)the e-mail is sent to both Selling 109 Broker and Selling Firm or both Listing Broker and Listing Firm at the e-mail addresses speci?ed on page one of this 110 Agreement;or (ii)Selling Broker or Listing Broker provide written acknowledgment of receipt of the e-mail (an automatic 111 e-mail reply does not constitute written acknowledgment).At the request of either party.or the Closing Agent.the 112 parties will confirm facsimile or e-mail transmitted signatures by signing an original document.113 It.Computation of Time.Unless otherwise speci?ed in this Agreement.any period of time measured in days and stated 114 in this Agreement shall start on the day following the event commencing the period and shall expire at 9:00 p.m.ol the 115 last calendar day of the speci?ed period of time.Except for the Possession Date.if the last day is a Saturday.Sunday 116 or legal holiday as de?ned ir;J3§‘gN 1.16.050.the speci?ed period of time shall expire on the next day that is not a 117 a Sunday or legal flimfnyspeci?ed period of 5 ys r less,except for any time period relating to the 118 09/10/2015‘09/10/2013 7'/I‘/if Buyers initials Date Buyers Initials Date Se efs initials Date setters inmais Daie Produced with ziprwiive by zlpL0gI)t iiimu Fllloen Miln Rn.-la mm Mlrlligalt 48026 -ti 1 I in in ii ’\|u'mln/:- Page 25 of 92 DocuSign Envelope ID‘OCAS122D-A4524D53-94AC-0113C50A66B8 \F/ormdP h 8|5 I ©Copyright 2017 acan an urc ase ae VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service 5 GENE‘-:RAtLTERMS ALL RIGHTS RESERVED on /nue Possesion Date,shall not include Saturdays.Sundays or legal holidays.If the parties agree that an event will occur on a 119 specific calendar date,the event shall occur on that date,except for the Closing Date,which.if it falls on a Saturday,120 Sunday,legal holiday as de?ned in RCW 1.16.050.or day when the county recording of?ce is closed,shall occur on the 121 next day that is not a Saturday,Sunday,legal holiday.or day when the county recording office is closed.it the parties 122 agree upon and attach a legal description after this Agreement is signed by the ofteree and delivered to the offeror.then 123 for the purposes of computing time.mutual acceptance shall be deemed to be on the date of delivery of an accepted 124 offer or counteroffer to the ofteror.rather than on the date the legal description is attached.Time is of the essence of 125 this Agreement.126 I.integration and Electronic Signatures.This Agreement constitutes the entire understanding between the parties and 127 supersedes all prior or contemporaneous understandings and representations.No modi?cation of this Agreement shall 128 be effective unless agreed in writing and signed by Buyer and Seller.The parties acknowledge that a signature in 129 electronic form has the same legal effect and validity as a handwritten signature,130 m.Assignment.Buyer may not assign this Agreement.or Buyer's rights hereunder,without Sellers prior written consent.131 unless the parties indicate that assignment is permitted by the addition of “and/or assigns"on the line identifying the 132 Buyer on the first page of this Agreement.133 n.Default.In the event Buyer tails,without legal excuse.to complete the purchase of the Property.then the following 134 provision,as identi?ed in specific Term No.7.shall apply:135 i.Forfeiture of Earnest Money.That portion of the Earnest Money that does not exceed five percent (5%)of the 136 Purchase Price shall be forfeited to the Seller as the sole and exclusive remedy available to Seller for such failure,137 ii.Seller's Election of Remedies.Seller may,at Seller's option.(a)keep the Earnest Money as liquidated damages 138 as the sole and exclusive remedy available to Seller for such failure.(b)bring suit against Buyer for Seller's actual 139 damages.(c)bring suit to speci?cally enforce this Agreement and recover any incidental damages.or (d)pursue 140 any other rights or remedies available at law or equity.141 0.Professional Advice and Attorneys‘Fees.Buyer and Seller are advised to seek the counsel of an attorney and a 142 certified public accountant to review the terms of this Agreement.Buyer and Seller shall pay their own fees incurred for 143 such review.However,it Buyer or Seller institutes suit against me other concerning this Agreement the prevailing party 144 is entitled to reasonable attorneys’fees and expenses.145 p.Offer.Buyer shall purchase the Property under the terms and conditions of this Agreement.Seller shall have until 9:00 146 p.m.on the Offer Expiration Date to accept this offer,unless sooner withdrawn.Acceptance shall not be effective until a 147 signed copy is received by Buyer.by Selling Broker or at the licensed office of Selling Broker.If this offer is not so 148 accepted.it shall lapse and any Earnest Money shall be refunded to Buyer.149 q.counteroffer.Any change in the terms presented in an offer or counteroffer.other than the insertion of or change to 150 Sellers name and Sellers warranty of citizenship status,shall be considered a counteroffer.If a party makes a 151 counteroffer.then the other party shall have until 9:00 p.m.on the counteroffer expiration date to accept that 152 counteroffer.unless sooner withdrawn.Acceptance shall not be effective until a signed copy is received by the other 153 party.the other party‘s broker,or at the licensed of?ce of the other party's broker.It‘the counteroffer is not so accepted,154 it shall lapse and any Earnest Money shall be refunded to Buyer.155 r.Offer and counteroffer Expiration Date.If no expiration date is speci?ed for an offer/counteroffer.the 156 otter/counteroffer shall expire 2 days after the offer/counteroffer is delivered by the party making the offer/counteroffer,157 unless sooner withdrawn.158 s.Agency Disclosure.Selling Firm,Selling Firm's Designated Broker,Selling Brokefs Branch Manager (if any)and 159 Selling Broker's Managing Broker (if any)represent the same party that Selling Broker represents.Listing Firm,Listing 160 Firm's Designated Broker,Listing Broker's Branch Manager (if any).and Listing Broker's Managing Broker (if any)161 represent the same party that the Listing Broker represents.lt Selling Broker and Listing Broker are different persons 162 affiliated with the same Firm.then both Buyer and Seller con?n'n their consent to Designated Broker,Branch Manager 163 (it any),and Managing Broker (if any)representing both parties as dual agents.It Selling Broker and Listing Broker are 164 the same person representing both parties then both Buyer and Seller confirm their consent to that person and his/her 165 Designated Broker,Branch Manager (if any).and Managing Broker (if any)representing both parties as dual agents.All 166 parties acknowledge receipt of the pamphlet entitled ‘The Law of Real Estate Agency."167 1.Commission.Seller and Buyer shall pay a commission in accordance with any listing or commission agreement to 168 which they are a party.The Listing Firm's commission shall be apportioned between Listing Firm and Selling Firm as 169 specified in the listing.Seller and Buyer hereby consent to Listing Firm or Selling Firm receiving compensation from 170 more than one party.Seller and Buyer hereby assign to Listing Firm and Selling Firm,as applicable.a portion of their 171 ttinds in escrow equal to such commission(s)and irrevocably instruct the Closing Agent to disburse the commissionts)172 fikeutytotheFirrnts).tn anyfattibiiby Listing or Selling Firm to enforce this paragraph.the prevailing party is entitled to 173 WW6 ‘ 09/10/2013 09/10/2018 7-II‘/I Buyers lniiials Date Btiyerstnitials Date Sell s m‘is Date seiiersiniiiais Date 9r(nlui,e<lw1tItIlpl"urvtv'try Iipkuqil 18070 Fills-_-rihlile Roar!i'm.ii.r.i»i-.r~.g.iii-iritizrt LS?D Liit-int}Nidlltltuil Page 26 of 92 Docusign Envelope lDt 0CAS122D-A452~4D53-94AC-O113C50A66B8 Form 25 ©Copynght 2017 V tL dPh &S|Nh tM|tlLt S ,R:§_a';,.§’““'°35°"9 VACANT LAND PURCHASE AND SALE AGREEMENT °",.["Le§,G,‘jT“g‘;‘?E‘§'E"R9'./ E‘iD""°“Page 5 of5 GENERAL TERMS Continued court costs and reasonable attomeys'fees.Seller and Buyer agree that the Firms are intended third party bene?ciaries 174 under this Agreement.175 u.Faaslbillty Contingency.It is the Buyer's responsibility to verify before the Feasibility Contingency Expiration Date 176 identi?ed in Speci?c Term No.15 whether or not the Property can be platted.developed and/or built on (now or in the l77 future)and what it will cost to do this.Buyer should not rely on any oral statements concerning this made by the Seller.178 Listing Broker or Selling Broker.Buyer should inquire at the city or county,and water.sewer or other special districts in 179 which the Property is located.Buyer's inquiry should include.but not be limited to:building or development moratoriums 180 applicable to or being considered for the Property;any special building requirements.including setbacks,height limits or 181 restrictions on where buildings may be constructed on the Property;whether the Property is affected by a flood zone.182 wetlands.shorelands or other environmentally sensitive area:road.school.?re and any other growth mitigation or 183 impact fees that must be paid;the procedure and length of time necessary to obtain plat approval and/or a building 184 permit:sufficient water.sewer and utility and any service connection charges;and all other charges that must be paid.185 Buyer and Buyer's agents.representatives.consultants.architects and engineers shall have the right.from time to time 186 during and after the feasibility contingency.to enter onto the Property and to conduct any tests or studies that Buyer 187 may need to ascertain the condition and suitability of the Property for Buyer's intended purpose.Buyer shall restore the 188 Property and all improvements on the Property to the same condition they were in prior to the inspection.Buyer shall be 189 responsible for all damages resulting from any inspection of the Property performed on Buyer's behalf.if the Buyer does 190 not give notice to the contrary on or before the Feasibility Contingency Expiration Date identi?ed in Specific Term No.191 15.it shall be conclusively deemed that Buyer is satis?ed as to development andlor construction feasibility and cost.If 192 Buyer gives notice this Agreement shall tenninate and the Earnest Money shall be refunded to Buyer.less any unpaid 193 costs.194 Seller shall cooperate with Buyer in obtaining permits or other approvals Buyer may reasonably require for Buyers 195 intended use of the Property;provided that Seller shall not be required to incur any liability or expenses in doing so.196 v.Subdivision.If the Property must be subdivided.Seller represents that there has been preliminary plat approval for the 197 Property and this Agreement is conditioned on the recording of the final plat containing the Property on or before the 198 date speci?ed in Speci?c Term No.14.If the ?nal plat is not recorded by such date.this Agreement shall terminate and 199 the Earnest Money shall be refunded to Buyer.200 w.Information Veri?cation Period.Buyer shall have 10 days after mutual acceptance to verify all information provided 201 from Seller or Listing Firm related to the Property.This contingency shall be deemed satis?ed unless Buyer gives notice 202 identifying the materially inaccurate information within 10 days of mutual acceptance.if Buyer gives timely notice under 203 this section.then this Agreement shall terminate and the Earnest Money shall be refunded to Buyer.204 X.Property Condition Disclaimer.Buyer and Seller agree.that except as provided in this Agreement.all representations 205 and information regarding the Property and the transaction are solely from the Seller or Buyer.and not from any Broker.206 The parties acknowledge that the Brokers are not responsible for assuring that the parties perform their obligations 207 under this Agreement and that none of the Brokers has agreed to independently investigate or con?rm any matter 208 related to this transaction except as stated in this Agreement,or in a separate writing signed by such Broker.in 209 addition.Brokers do not guarantee the value.quality or condition of the Property and some properties may contain 210 building materials.including siding.roo?ng.ceiling,insulation.electrical.and plumbing.that have been the subject of 211 lawsuits andlor governmental inquiry because of possible defects or health hazards.Some properties may have other 212 defects arising after construction.such as drainage.leakage.pest.rot and mold problems.Brokers do not have the 213 expertise to identify or assess defective products.materials.or conditions.Buyer is urged to use due diligence to 214 inspect the Property to Buyers satisfaction and to retain inspectors quali?ed to identify the presence of defective 215 materials and evaluate the condition of the Property as there may be defects that may only be revealed by careful 216 inspection.Buyer is advised to investigate whether there is a suf?cient water supply to meet Buyers needs.Buyer lS 217 advised to investigate the cost of insurance for the Property.including.but not limited to homeowners flood.218 earthquake.landslide.and other available coverage.Brokers may assist the parties with locating and selecting third 219 party service providers.such as inspectors or contractors.but Brokers cannot guarantee or be responsible for the 220 services provided by those third parties.The parties shall exercise their own judgment and due diligence regarding 221 third-party service providers.222 as W /——ps 09/10/2018 xé 09/10/2018 _ ?—II-/’/ Buyefslnilials Date Buyerslnitials Dale Se rs ials Date seiiegsrnmais Dare Produced with 7ipFnmv'.lly ItpL0gIX ll'9l’l70 Finwi Mile Road Fraser Mimigan name m 1 |lLlII ti \l.:iitln/.i Page 27 of 92 DOC\lSlgl'l Envelope ID UCA6122D-A452~4D53-94AC-0113C5l)/K6688 Form 22T ©Copyright 2015 Title Contingency Addendum Northwest Multiple Listing Service Rev 7115 ALL RIGHTS RESERVED Page 1 ol 1. TITLE CONTINGENCY ADDENDUMTO PURCHASE 8 SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated September 10 ,2018 1 between Lucio G.Mendoza Chavez,Marina Infante Zuniga ("Buyer")2 Buyer Buyer and Cit:of Pasco ("Seller")3 Seller eller t:oncerning_____nka A Street,PascoJ WA 99301 (the "Property").4 Address City State Zip 1.Title Contingency.This Agreement is subject to Buyer's review of a preliminary commitment for title insurance.5 together with any easements,covenants.conditions and restrictions of record,Buyer shall have 5 6 days (5 days it not filled in)froml]the date of Buyer's receipt of the preliminary commitment for title insurance:7 or L‘!mutual acceptance (from the date of Buyer's receipt,if neither box checked)to give notice of Buyer's 8 disapproval of exceptions contained in the preliminary commitment.9 Seller shall have 5 days (5 days if not ?lled in)after Buyers notice of disapproval to give Buyer 10 notice that Seller will clear all disapproved exceptions.Seller shall have until the Closing Date to clear all 11 disapproved exceptions.12 if Seller does not give timely notice that Seller will clear all disapproved exceptions,Buyer may terminate this 13 Agreement within 3 days after the deadline for Seller's notice.In the event Buyer elects to terminate the 14 Agreement,the Earnest Money shall be returned to Buyer.If Buyer does not timely terminate the Agreement.15 Buyer shall be deemed to have waived all objections to title,which Seller did not agree to clear.16 2.Supplemental Title Reports.If supplemental title reports disclose new exceptionts)to the title commitment.17 then the above time periods and procedures for notice,correction.and termination for those new exceptions 13 shall apply to the date of Buyer's receipt of the supplemental title report.The Closing date shall be extended as 19 necessary to accommodate the foregoing times tor notices.20 3.Marketable Title.This Addendum does not relieve Seller of the obligation to provide marketable title at Closing 21 as provided for in the Agreement.22 ,~05 r—ns ¥'“"""‘09/10/2018 \*““‘77,4,’ IBuyer’:Initials Date Buyers initials Date S Ilefs nitials Date Seller's Initials Date Prhllfkslttlllll ltuiilily §L'|'\icc,\_7r\tlI \\.('|cnr\\:|tcr /\vc Sutli:-l.‘i(l KuIInc\\'|L‘k WA ‘)‘)33ti l'|iiinL.SlllI,‘\l)Z4l<><ll i-ux‘Dina Camncliii L|lL‘lU G.Mcritlnza Produced with zipForm®by zipLogix 18070 Filteen Mile Road.Fraser.Mictugan 45026 muy_“mL9gug.gzm Page 28 of 92 Docusign Envelope ID:OCA6122D-A452-4D53~94AC—O113C5OA66B8 F00"31 ©Copynght 2010EarnestMoneyPromissoryNoteNorthwestMultipleListing ServiceRev.7/10 ALL RIGHTS RESERVEDPage‘l of 1 EARNEST MONEY PROMISSORY NOTE nka A Street 3 Pasco .Washington Lucio G.Mendoza Chavez ,Marina Infante FOR VALUE RECEIVED.zuniga ("Buyer") agree(s)to pay to the order of ‘rice:Title (Selling Firm or Closing Agent) the sum of one Thousand Dollars ($1 000.00 {T ).as follows: x within 3 days following mutual acceptance of the Purchase and Sale Agreement. a This Note is evidence of the obligation to pay Earnest Money under a real estate Purchase and Sale Agreement between the Buyer and City of Pasco ("Seller") dated September 10 ,2018 .Buyer's failure to pay the Earnest Money strictly as above shall constitute default on said Purchase and Sale Agreement as well as on this Note. lfthis Note shall be placed in the hands of an attorney for collection,or if suit shall be brought to collect any of the balance due on this Note,the Buyer promises to pay reasonable attorneys‘fees,and all court and collection costs. Dale: nocuslanea by Ludoé.McwloqmUww/1 2.11-- LUCJLO G.Mendoza Chavez T?ocustqnedhymmmmimemy Marina Infants Zuniga BUYER BUYER '"On closing"or similar language is not recommended.Use a de?nite date. Pm|‘,_-_g,..(,";.]Rcalny Sgryicn,71:01W (‘lcurwutcr Aw Suite 430 Kcnncwick \V.\09156 l‘l\nnc'5ll‘1302~19<Kll l-‘ax:Dunn Czlumcho l.I|L'lU(l ?\iuml«vu 1'li.lu-/ Produced with ZIpFurrn@ by lJpLogix 18070 Fifteen Mile Road.Fraser,Michigan 48026 mg?m& 10 11 12 13 14 15 16 17 18 Page 29 of 92 EXHIBIT A Abbreviated Legal: Lot 1,Block 1,Fann’s Addition Tax Parcel Number(s):112-060-323 Lot 1,Block 1,Fann’s Addition,according to the Plat thereof recorded in Volume B of Plats,Page 62,records of Franklin County,Washington. SUBJECT TO:Easements,reservations,restrictions,plat dedications,restrictive covenants,of record of or in apparent use,and future municipal district assessments and irrigations district assessments,if any. Page 30 of 92 112 06 0323 W A ST S 1ST AVEE A ST S 3RD AVEPage 31 of 92 AGENDA REPORT FOR: City Council September 13, 2018 TO: Dave Zabell, City Manager Rick White, Director Community & Economic Development Regular Meeting: 9/17/18 FROM: Jeff Adams, Associate Planner Community & Economic Development SUBJECT: Rezone: RT (Residential Transition) to C-3 (General Business) (Pati Hull) (MF# Z 2018-005) I. REFERENCE(S): Request to Withdraw Application E-Mail Dated: 9/13/2018 Vicinity Map Proposed Ordinance Reports to Planning Commission Dated: 7/19/2018 and 8/16/2018 Planning Commission Minutes Dated: 7/19/2018 and 8/16/2018 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to accept the applicant's withdrawal of rezone application, Master File # Z 2018-005, for the property described as Short Plat 99-22, Lot 2 located at 3004 E. George Street; also known as Parcel # 113 780 104. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: On July 19, 2018 the Planning Commission conducted a public hearing to consider a request to rezone parcel #113780104 from RT to C-3. Following the conduct of a public hearing, the Planning Commission reasoned it would be appropriate to rezone the property to C-3 and is recommending approval of the requested rezone. During the process noted above representation/ownership of the property changed. At the City Council meeting of September 4, 2018 and at the request of the Page 32 of 92 owner/representative, City Council moved to postpone this item until the September 17, 2018 Council Regular meeting. On September 13, 2018 the owner/representative contacted staff with a request to withdraw their application citing a preference to leave the zoning of the property as-is. V. DISCUSSION: In that the proposed rezone and process to date was conducted as a result of a request of the property owner, and the party now in control of the property desires to leave the current zoning intact, staff recommends that Council defer to the applicant's request and accept the withdrawal. Page 33 of 92 1 Jeff Adams From:Pati Hull <patihull@aol.com> Sent:Thursday, September 13, 2018 10:25 AM To:Jeff Adams Subject:Re: TEST I would like to withdraw the commercial property on 3004 East George and keep it residential thanks Pati Hull Sent from my iPad On Sep 13, 2018, at 10:16 AM, Jeff Adams <ADAMSJ@pasco‐wa.gov> wrote: Page 34 of 92 VicinityMapItem: Rada Rezone - RT to C-3Applicant: Pati J. HullFile #: Z 2018-005SITE0 150 300 450 600 750FeetPage 35 of 92 ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON REZONING SHORT PLAT 99-22, LOT 2 (3004 E. GEORGE STREET; PARCEL # 113 780 104) FROM RT (RESIDENTIAL TRANSITION) TO C-3 (GENERAL COMMERCIAL). WHEREAS, a complete and adequate petition for change of zoning classification has been received and an open record hearing having been conducted by the Pasco Planning Commission upon such petition; and, WHEREAS, that the effect of the requested change in zoning classification shall not be materially detrimental to the immediate vicinity; and, WHEREAS, based upon substantial evidence and demonstration of the Petitioner, that: (A) the requested change for the zoning classification is consistent with the adopted Comprehensive Plan; (B) the requested change in zoning classification is consistent with or promotes the goals and objectives of the Comprehensive Plan serving the general public interest in the community; and (C) there has been a change in the neighborhood or community needs or circumstances warranting the requested change of the zoning classification; and (D) the Planning Commission developed findings which are hereby adopted by the City Council; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. That the Zoning Ordinance for the City of Pasco, Washington, and the Zoning Map, accompanying and being part of said Ordinance shall be and hereby is changed from RT (Residential Transition) to C-3 (General Commercial) for the real property as shown in the Exhibit “1” attached hereto and described as follows: Short Plat 99-22 Lot 2 (3004 E George Street; Parcel #113 780 104) Section 2. This ordinance shall take full force and effect five (5) days after its approval, passage and publication as required by law. Passed by the City Council of the City of Pasco this _____ day of ________________, 2018. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Daniela Erickson, City Clerk Leland B. Kerr, City Attorney Page 36 of 92 1 REPORT TO PLANNING COMMISSION MASTER FILE NO: Z 2018-005 APPLICANT: Pati J. Hull HEARING DATE: 7/19/2018 495 Edith St ACTION DATE: 8/16/2018 Burbank WA 99323 BACKGROUND REQUEST: REZONE: Rezone one parcel from RT (Residential Transition) to C-3 (General Commercial) 1. PROPERTY DESCRIPTION: Legal: Short Plat 99-22 Lots 2 and 3 General Location: 3004 and 3012 E George Street (the Northeast corner of East Lewis Street and Heritage Boulevard Ave). Property Size: Approximately 7.43 acres (2.66 and 4.77 acres each). 2. ACCESS: The parcels are accessible from East Lewis St via a private road (Avery Avenue; formerly part of the Pasco Kahlotus highway). 3. UTILITIES: The sites are currently serviced by a well and on-site septic. Water is available via a 12” line roughly 400 feet to the west running along the Avery Avenue centerline, and a 6” line approximately 600 feet to the south on East Lewis Street; there is an 8” sewer line approximately 1,000 feet to the southwest at the corner of Heritage Boulevard and East Lewis Street. 4. LAND USE AND ZONING: The lot is currently zoned RT (Residential Transition) and contains one single family unit, one manufactured home, a garage, and three outbuildings. Surrounding properties are zoned and developed as follows: NORTH: N/A US Highway 12 EAST: C-3 Vacant SOUTH: I-1/C-1 Industrial WEST: I-1 Industrial 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site for Commercial uses. Those portions of the community designated for commercial development by the Comprehensive Plan could be zone “O”, C-1, C-2, C-3 CR and BP. Land Use Goal ED-2 encourages the appropriate location and design of commercial facilities within the City. ED-2-B encourages the development of a wide range of commercial uses strategically located to support local and regional needs. 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. An environmental determination will be made after the public hearing for this project. A Determination of Non- Page 37 of 92 2 Significance or Mitigated Determination of Non-Significance is likely for this application (WAC 197-11-355). ANALYSIS The applicants are seeking to rezone the property at 3004 E George Street from RT (Residential Transition) to C-3 (General Business) consistent with the Comprehensive Plan designation for the property. The parcel to the north (Addressed 3012 East George Street) is also zoned RT and should be included in the rezone process. The current RT zoning designation does not lend itself well to either sales or development of the properties. Under the current Comprehensive Plan land use designation of commercial the properties could be zoned for “O”, C-1, C-2, C-3, CR, and BP zoning (C-2 zoning is only for the Central Business District). The sites were originally annexed into the City in 1979 (Ordinance 2016) as part of what was called the “Columbia East Annexation Area,” and assigned the Residential Transition zoning designation (Resolution 1202). The RT zone is typically used as a holding zone for areas that lack utility services. As utilities and infrastructure become available RT zoned properties are then zoned to match the land use designations of the Comprehensive Plan. The Rada family has owned the properties at the end of the old Kahlotus Highway (north of the 2700 block of E Lewis) for over 50 years. At one time 6 homes were located on the properties. With the construction of the Lewis Street interchange 3 of the homes were moved. During that time period Heritage Boulevard was realigned and some industrial uses have been developed to the west of the site. The south property now contains one site-built single-family dwelling unit and one later model manufactured home, which replaced a 1967 model mobile home. The north property contains a manufactured home and several commercial/industrial outbuildings. The sites are currently accessed by a private road (Avery Avenue) which at one time was part of the old Pasco Kahlotus Highway. An undeveloped City of Pasco right-of-way is located along the west border of the two parcels, running south to East Lewis Street, and will likely need to be developed prior to or in conjunction with any commercial development on the site. The initial review criteria for considering a rezone application are explained in PMC. 25.88.030. The criteria are listed below as follows: 1. The date the existing zone became effective: The current zoning classification of RT (Residential Transition) became effective on 2 January, 1979, upon annexation into the City. 2. The changed conditions, which are alleged to warrant other or additional zoning: Heritage Boulevard has been upgraded and realigned, and some industrial uses have been developed to the west of the sites. The owner of the south parcel has Page 38 of 92 3 passed on and the family is in the process of settling the estate; rezoning the properties could facilitate development of the sites. 3. Facts to justify the change on the basis of advancing the public health, safety and general welfare: The proposed zoning request is consistent with the Comprehensive Plan which has been determined to be in the best interest of advancing public health, safety and general welfare of the community. The rezone will allow for development of commercial enterprises in the area, providing job opportunities for Pasco residents. 4. The effect it will have on the value and character of the adjacent properties and the Comprehensive Plan: A change in zoning classification may ultimately result in the establishment of commercial services consistent with the Comprehensive Plan. Any development will require developers to install/upgrade street, utilities and landscaping in the area, thus improving the value of surrounding properties on Lewis Street. 5. The effect on the property owner or owners if the request is not granted: Because the RT zoning permits single family homes on a minimum of 5 acres for development, and the properties comprise approximately 4.7 acres and 2.66 acres each, any current residential uses are by default legally nonconforming. The property owners will be severely limited by the constraints of the RT zoning designation in their ability to either develop or to sell the properties. STAFF FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Planning Commission may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1. The south site is developed with one site-built single-family dwelling unit and one manufactured home, and is zoned RT (Residential Transition). The RT zone is typically used as a holding zoning for areas that lack utility services. 2. The north site contains one manufactured home and several commercial/industrial outbuildings and is also zoned RT (Residential Transition). 3. The sites were originally annexed into the City in 1979 as part of what was called the “Columbia East Annexation Area,” and assigned the RT (Residential Transition) zoning designation in 1979. 4. The sites comprise approximately 2.66 and 4.7 acres each, totaling around 7.43 acres. Page 39 of 92 4 5. The Comprehensive Plan identifies the site for Commercial uses which includes the desired C-3 zoning. The Commercial designation includes zones for “O”, C-1, C-2, C-3, CR, and BP zoning (C-2 zoning is only for the Central Business District). 6. By rezoning the properties from RT to C-3, the applicants will be bringing the properties into conformance with the Comprehensive Plan. 7. The sites are located approximately 1,000 feet northeast of the corner of Heritage Avenue and East Lewis Street. 8. The applicant is requesting C-3 (General Commercial) zoning. 9. As utilities and infrastructure become available RT zoned properties are rezoned to match the land use designations of the comprehensive Plan. 10. The Rada family has owned properties at the end of the old Kahlotus Highway (north of the 2700 block of E Lewis) for over 50 years. 11. At one time 6 homes were located on the properties. 12. With the construction of the Lewis Street interchange 3 of the homes were moved. 13. Changes in the vicinity include realignment of Heritage Boulevard and development of industrial uses to the west of the sites. 14. The south site now contains one site-built single-family dwelling unit and one later model manufactured home; the north site has one manufactured home and various commercial/industrial outbuildings. 15. The current Manufactured home replaced a 1967 model mobile home. 16. The sites are currently accessed by Avery Avenue (private road) 17. Avery Avenue was originally a section of the old Pasco Kahlotus highway. 18. An undeveloped City of Pasco right-of-way runs north from East Lewis Street along the west property lines to the sites. CONCLUSIONS BASED ON STAFF FINDINGS OF FACT Before recommending approval or denial of a special permit the Planning Commission must develop findings of fact from which to draw its conclusions based upon the criteria listed in PMC 25.86.060. The criteria are as follows: 1. The proposal is in accordance with the goals and policies of the Comprehensive Plan. The proposal is consistent with the Comprehensive Plan Land Use Map and Comprehensive Plan Policy LU-4-A, which recommends the City “Locate commercial facilities at major street intersections to avoid commercial sprawl and avoid disruptions of residential neighborhoods, and leverage major infrastructure Page 40 of 92 5 availability.” The sites are within 1,000 feet of the intersection of two arterial streets; Heritage Boulevard, a major truck route, and East Lewis Street. 2. The effect of the proposal on the immediate vicinity will not be materially detrimental. The immediate area is shown in the Comprehensive Plan for Commercial zoning. Commercial zoning permits the C-3 (General Commercial Medium) zoning district. The proposed rezone is consistent with the referenced plans and will not be detrimental to future nearby developments that will need to conform to the provision of the plans. 3. There is merit and value in the proposal for the community as a whole. The proposed zoning is consistent with the Plan’s Land Use Map. The sites are located within 1,000 feet of a major truck route (Heritage Boulevard); Comprehensive Plan Policy LU-4-A requires the City to “Locate commercial facilities at major street intersections to avoid commercial sprawl and avoid disruptions of residential neighborhoods, and leverage major infrastructure availability.” The proposal is supported by land use goals and policies contained in the Comprehensive Plan. 4. Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. The Pasco Municipal Code includes design standards for commercial development. If or when applicants pursue the development of these properties, they will be required to conform to design standards established by the PMC. No special conditions are proposed. 5. A Concomitant Agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement. A Concomitant Agreement is not considered necessary for this application. RECOMMENDATION MOTION: I move to close the hearing on the proposed rezone and set August 16, 2018 as the date for deliberations and the development of a recommendation for the City Council. Page 41 of 92 OverviewMapItem: Rada Rezone - RT to C-3Applicant: Pati J. HullFile #: Z 2018-005SITE0 500 1000 1500 2000FeetPage 42 of 92 VicinityMapItem: Rada Rezone - RT to C-3Applicant: Pati J. HullFile #: Z 2018-005SITE0 150 300 450 600 750FeetPage 43 of 92 Land UseMapItem: Rada Rezone - RT to C-3Applicant: Pati J. HullFile #: Z 2018-005SITE0 150 300 450 600 750FeetSFDUsVacantComm./Ind.VacantMixed Res.VacantIndustrialFlea MarketVacantVacantPage 44 of 92 ZoningMapItem: Rada Rezone - RT to C-3Applicant: Pati J. HullFile #: Z 2018-005SITE0 150 300 450 600 750FeetR-1-AI-1C-1RTI-1I-1C-1C-1C-3C-3R-2Page 45 of 92 RMH-.2.. HIGH L AND PARK H OME5 ADDI TIOl'-J I I C-3 I I I -@ --------- ! AVERY'S A..DDIT ION ~\._ __ _ I Page 46 of 92 Looking NorthPage 47 of 92 Looking EastPage 48 of 92 Looking SouthPage 49 of 92 Looking WestPage 50 of 92 Main House On SitePage 51 of 92 Outbuildings On SitePage 52 of 92 Garage On SitePage 53 of 92 Manufactured Home On SitePage 54 of 92 1 REPORT TO PLANNING COMMISSION MASTER FILE NO: Z 2018-005 APPLICANT: Pati J. Hull HEARING DATE: 7/19/2018 495 Edith St ACTION DATE: 8/16/2018 Burbank WA 99323 BACKGROUND REQUEST: REZONE: Rezone one parcel from RT (Residential Transition) to C-3 (General Commercial) 1. PROPERTY DESCRIPTION: Legal: Short Plat 99-22 Lots 2 and 3 General Location: 3004 and 3012 E George Street (the Northeast corner of East Lewis Street and Heritage Boulevard Ave; Parcels #113 780 104 and #113 780 113). Property Size: Approximately 7.43 acres (2.66 and 4.77 acres each). 2. ACCESS: The parcels are accessible from East Lewis St via a private road (Avery Avenue; formerly part of the Pasco Kahlotus highway). 3. UTILITIES: The sites are currently serviced by a well and on-site septic. Water is available via a 12” line roughly 400 feet to the west running along the Avery Avenue centerline, and a 6” line approximately 600 feet to the south on East Lewis Street; there is an 8” sewer line approximately 1,000 feet to the southwest at the corner of Heritage Boulevard and East Lewis Street. 4. LAND USE AND ZONING: The lot is currently zoned RT (Residential Transition) and contains one single family unit, one manufactured home, a garage, and three outbuildings. Surrounding properties are zoned and developed as follows: NORTH: N/A US Highway 12 EAST: C-3 Vacant SOUTH: I-1/C-1 Industrial WEST: I-1 Industrial 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site for Commercial uses. Those portions of the community designated for commercial development by the Comprehensive Plan could be zone “O”, C-1, C-2, C-3 CR and BP. Land Use Goal ED-2 encourages the appropriate location and design of commercial facilities within the City. ED-2-B encourages the development of a wide range of commercial uses strategically located to support local and regional needs. 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. An environmental determination will be made after the public hearing for this project. A Determination of Non- Page 55 of 92 2 Significance or Mitigated Determination of Non-Significance is likely for this application (WAC 197-11-355). ANALYSIS The applicants are seeking to rezone the property at 3004 E George Street from RT (Residential Transition) to C-3 (General Business) consistent with the Comprehensive Plan designation for the property. The parcel to the north (Addressed 3012 East George Street) is also zoned RT and should be included in the rezone process. The current RT zoning designation does not lend itself well to either sales or development of the properties. Under the current Comprehensive Plan land use designation of commercial the properties could be zoned for “O”, C-1, C-2, C-3, CR, and BP zoning (C-2 zoning is only for the Central Business District). The sites were originally annexed into the City in 1979 (Ordinance 2016) as part of what was called the “Columbia East Annexation Area,” and assigned the Residential Transition zoning designation (Resolution 1202). The RT zone is typically used as a holding zone for areas that lack utility services. As utilities and infrastructure become available RT zoned properties are then zoned to match the land use designations of the Comprehensive Plan. The Rada family has owned the properties at the end of the old Kahlotus Highway (north of the 2700 block of E Lewis) for over 50 years. At one time 6 homes were located on the properties. With the construction of the Lewis Street interchange 3 of the homes were moved. During that time period Heritage Boulevard was realigned and some industrial uses have been developed to the west of the site. The south property now contains one site-built single-family dwelling unit and one later model manufactured home, which replaced a 1967 model mobile home. The north property contains a manufactured home and several commercial/industrial outbuildings. The sites are currently accessed by a private road (Avery Avenue) which at one time was part of the old Pasco Kahlotus Highway. An undeveloped City of Pasco right-of-way is located along the west border of the two parcels, running south to East Lewis Street, and will likely need to be developed prior to or in conjunction with any commercial development on the site. After the hearing the owners of the property to the north approached the City to object to their property being included in the rezone process. Staff made contact later to request an e-mail or something in writing stating their objection and to explain that either way their property is a legal nonconforming use and cannot be expended with either the RT or the C-3 zoning, and that the proposed rezone would bring the property’s zoning into conformance with the City’s Comprehensive Plan. To date staff has not received anything in writing. The initial review criteria for considering a rezone application are explained in PMC. 25.88.030. The criteria are listed below as follows: 1. The date the existing zone became effective: Page 56 of 92 3 The current zoning classification of RT (Residential Transition) became effective on 2 January, 1979, upon annexation into the City. 2. The changed conditions, which are alleged to warrant other or additional zoning: Heritage Boulevard has been upgraded and realigned, and some industrial uses have been developed to the west of the sites. The owner of the south parcel has passed on and the family is in the process of settling the estate; rezoning the properties could facilitate development of the sites. 3. Facts to justify the change on the basis of advancing the public health, safety and general welfare: The proposed zoning request is consistent with the Comprehensive Plan which has been determined to be in the best interest of advancing public health, safety and general welfare of the community. The rezone will allow for development of commercial enterprises in the area, providing job opportunities for Pasco residents. 4. The effect it will have on the value and character of the adjacent properties and the Comprehensive Plan: A change in zoning classification may ultimately result in the establishment of commercial services consistent with the Comprehensive Plan. Any development will require developers to install/upgrade street, utilities and landscaping in the area, thus improving the value of surrounding properties on Lewis Street. 5. The effect on the property owner or owners if the request is not granted: Because the RT zoning permits single family homes on a minimum of 5 acres for development, and the properties comprise approximately 4.7 acres and 2.66 acres each, any current residential uses are by default legally nonconforming. The property owners will be severely limited by the constraints of the RT zoning designation in their ability to either develop or to sell the properties. STAFF FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Planning Commission may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1. The south site is developed with one site-built single-family dwelling unit and one manufactured home, and is zoned RT (Residential Transition). The RT zone is typically used as a holding zoning for areas that lack utility services. Page 57 of 92 4 2. The north site contains one manufactured home and several commercial/industrial outbuildings and is also zoned RT (Residential Transition). 3. The sites were originally annexed into the City in 1979 as part of what was called the “Columbia East Annexation Area,” and assigned the RT (Residential Transition) zoning designation in 1979. 4. The sites comprise approximately 2.66 and 4.7 acres each, totaling around 7.43 acres. 5. The Comprehensive Plan identifies the site for Commercial uses which includes the desired C-3 zoning. The Commercial designation includes zones for “O”, C-1, C-2, C-3, CR, and BP zoning (C-2 zoning is only for the Central Business District). 6. By rezoning the properties from RT to C-3, the applicants will be bringing the properties into conformance with the Comprehensive Plan. 7. The sites are located approximately 1,000 feet northeast of the corner of Heritage Avenue and East Lewis Street. 8. The applicant is requesting C-3 (General Commercial) zoning. 9. As utilities and infrastructure become available RT zoned properties are rezoned to match the land use designations of the comprehensive Plan. 10. The Rada family has owned properties at the end of the old Kahlotus Highway (north of the 2700 block of E Lewis) for over 50 years. 11. At one time 6 homes were located on the properties. 12. With the construction of the Lewis Street interchange 3 of the homes were moved. 13. Changes in the vicinity include realignment of Heritage Boulevard and development of industrial uses to the west of the sites. 14. The south site now contains one site-built single-family dwelling unit and one later model manufactured home; the north site has one manufactured home and various commercial/industrial outbuildings. 15. The current Manufactured home replaced a 1967 model mobile home. 16. The sites are currently accessed by Avery Avenue (private road) 17. Avery Avenue was originally a section of the old Pasco Kahlotus highway. 18. An undeveloped City of Pasco right-of-way runs north from East Lewis Street along the west property lines to the sites. Page 58 of 92 5 CONCLUSIONS BASED ON STAFF FINDINGS OF FACT Before recommending approval or denial of a special permit the Planning Commission must develop findings of fact from which to draw its conclusions based upon the criteria listed in PMC 25.86.060. The criteria are as follows: 1. The proposal is in accordance with the goals and policies of the Comprehensive Plan. The proposal is consistent with the Comprehensive Plan Land Use Map and Comprehensive Plan Policy LU-4-A, which recommends the City “Locate commercial facilities at major street intersections to avoid commercial sprawl and avoid disruptions of residential neighborhoods, and leverage major infrastructure availability.” The sites are within 1,000 feet of the intersection of two arterial streets; Heritage Boulevard, a major truck route, and East Lewis Street. 2. The effect of the proposal on the immediate vicinity will not be materially detrimental. The immediate area is shown in the Comprehensive Plan for Commercial zoning. Commercial zoning permits the C-3 (General Commercial Medium) zoning district. The proposed rezone is consistent with the referenced plans and will not be detrimental to future nearby developments that will need to conform to the provision of the plans. The current structures are legally nonconforming and will remain that way regardless of whether the zoning remains RT or changes to C-3. 3. There is merit and value in the proposal for the community as a whole. The proposed zoning is consistent with the Plan’s Land Use Map. The sites are located within 1,000 feet of a major truck route (Heritage Boulevard); Comprehensive Plan Policy LU-4-A requires the City to “Locate commercial facilities at major street intersections to avoid commercial sprawl and avoid disruptions of residential neighborhoods, and leverage major infrastructure availability.” The proposal is supported by land use goals and policies contained in the Comprehensive Plan. 4. Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. The Pasco Municipal Code includes design standards for commercial development. If or when applicants pursue the development of these properties, they will be required to conform to design standards established by the PMC. No special conditions are proposed. 5. A Concomitant Agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement. A Concomitant Agreement is not considered necessary for this application. Page 59 of 92 6 RECOMMENDATION MOTION for Findings of Fact: I move to adopt findings of fact and conclusions therefrom as contained in the August 16, 2018 staff report. Option #1: Both Parcels: MOTION for Recommendation: I move based on the findings of fact and conclusions as adopted the Planning Commission recommend the City Council rezone Short Plat 99-22 Lots 2 and 3 (3004 and 3012 E George Street; Parcels #113 780 104 and #113 780 113) from RT to C-3 as recommended by the Planning Commission. Option #2: South Parcel Only: MOTION for Recommendation: I move based on the findings of fact and conclusions as adopted the Planning Commission recommend the City Council rezone Short Plat 99-22 Lot 2 (3004 E George Street; Parcel #113 780 104) from RT to C-3 as recommended by the Planning Commission. Page 60 of 92 1 Jeff Adams From:Joe Rada <joeradaconstruction@hotmail.com> Sent:Friday, August 10, 2018 10:01 AM To:Jeff Adams Subject:3012 E George residence Good morning, Jeff Here is the email outlining the reasons for not changing the current status of residential on our property in Pasco. First, we were NOT notified, written or verbally, of this request, nor was the public. We found out about this request at the July city counsel meeting. Also, we did not request this change from residential to commercial, as we have a residence on our property. Lastly, we would appreciate not being included in someone else’s request. Thank you for your time, Joe and Deanne Rada Sent from my iPad Page 61 of 92 OverviewMapItem: Rada Rezone - RT to C-3Applicant: Pati J. HullFile #: Z 2018-005SITE0 500 1000 1500 2000FeetPage 62 of 92 VicinityMapItem: Rada Rezone - RT to C-3Applicant: Pati J. HullFile #: Z 2018-005SITE0 150 300 450 600 750FeetPage 63 of 92 Land UseMapItem: Rada Rezone - RT to C-3Applicant: Pati J. HullFile #: Z 2018-005SITE0 150 300 450 600 750FeetSFDUsVacantComm./Ind.VacantMixed Res.VacantIndustrialFlea MarketVacantVacantPage 64 of 92 ZoningMapItem: Rada Rezone - RT to C-3Applicant: Pati J. HullFile #: Z 2018-005SITE0 150 300 450 600 750FeetR-1-AI-1C-1RTI-1I-1C-1C-1C-3C-3R-2Page 65 of 92 RMH-.2.. HIGH L AND PARK H OME5 ADDI TIOl'-J I I C-3 I I I -@ --------- ! AVERY'S A..DDIT ION ~\._ __ _ I Page 66 of 92 Looking NorthPage 67 of 92 Looking EastPage 68 of 92 Looking SouthPage 69 of 92 Looking WestPage 70 of 92 Main House On SitePage 71 of 92 Outbuildings On SitePage 72 of 92 Garage On SitePage 73 of 92 Manufactured Home On SitePage 74 of 92 OverviewMapItem: Rada Rezone - RT to C-3Applicant: Pati J. HullFile #: Z 2018-005SITE0 500 1000 1500 2000FeetPage 75 of 92 VicinityMapItem: Rada Rezone - RT to C-3Applicant: Pati J. HullFile #: Z 2018-005SITE0 150 300 450 600 750FeetPage 76 of 92 Land UseMapItem: Rada Rezone - RT to C-3Applicant: Pati J. HullFile #: Z 2018-005SITE0 150 300 450 600 750FeetSFDUsVacantComm./Ind.VacantMixed Res.VacantIndustrialFlea MarketSFDUVacantVacantPage 77 of 92 ZoningMapItem: Rada Rezone - RT to C-3Applicant: Pati J. HullFile #: Z 2018-005SITE0 150 300 450 600 750FeetR-1-AI-1C-1RTI-1I-1C-1C-1C-3C-3R-2Page 78 of 92 PLANNING COMMISSION MINUTES 7/19/2018 F. Rezone Rezone from RT (Residential Transition) to C-3 (General Business) (Pati Hull) MF# Z 2018-005) Chairwoman Roach read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed the rezone application from RT to C-3. The RT is a holding zone pending development and infrastructure and C-3 is general commercial. The application applies to two parcels making up almost 7.5 acres. The rezone is in conformance with the Comprehensive Plan and an appropriate rezone request. Pati Hull, 3004 E. George Street, spoke on behalf of her rezone application. John Rada, 2501 E. Lewis Street, spoke on behalf of his rezone application. With no further questions or comments the public hearing closed. Commissioner A. Campos moved, seconded by Commissioner Bykonen, to close the public hearing on the proposed rezone and set August 16, 018 as the date for deliberations and the development of a recommendation for City Council. The motion passed unanimously. Page 79 of 92 PLANNING COMMISSION MINUTES 8/16/2018 C. Rezone Rezone from RT (Residential Transition) to C-3 (General Business) (Pati Hull) (MF# Z 2018-005) Chairman Myhrum read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed the rezone application from RT (Residential Transition) to C-3 (General Business). He stated that since the public hearing, property owners of the neighboring parcel that was included with this rezone wished to be left out of the rezone so staff has offered a motion to only rezone the applicant’s parcel. Commissioner Bowers moved, seconded by Commissioner Bykonen to adopt findings of fact and conclusions therefrom as contained in the August 16, 2018 staff report. The motion passed unanimously. Commissioner Bowers moved, seconded by Commissioner Bykonen, based on the findings of fact and conclusions as adopted the Planning Commission recommend the City Council rezone Short Plat 99-22, Lot 2 (3004 E. George Street; parcel # 113-780- 104) from RT to C-3, as recommended by the Planning Commission. The motion passed unanimously. Page 80 of 92 AGENDA REPORT FOR: City Council September 10, 2018 TO: Dave Zabell, City Manager Regular Meeting: 9/17/18 FROM: Steve Worley, Director Public Works SUBJECT: Bid Award: 17003 Columbia East Pump Station I. REFERENCE(S): Vicinity Map Bid Tabulation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to award the 17003 Columbia East Pump Station project to Clearwater Construction & Management, LLC. in the amount of $2,669,751.00 and, further, authorize the City Manager to execute the contract documents. III. FISCAL IMPACT: The following fiscal impacts are shown for the complete project, including both the Columbia East Pump Station subject to award today and the dual force main, currently under design. Projected Expenses: $ 640,000 - Planning and Design Phase $ 675,330 - Right-of-Way Acquisition Phase $ 11,030,000 - Construction Phase $ 12,345,330 - Total Revenue: $ 2,575,000 - Direct Appropriation of Washington State Capital Budget $ 1,000,000 - Franklin County Economic Development (.09) (2017 and 2018 awards) $ 3,065,000 - U.S. Economic Development Administration ($3 million pending award) $ 5,705,330 - Local funds - Public/Private contributions $ 12,345,330 - Total This project is identified in the 2018 Adopted Budget (Ordinance No. 4363) with Page 81 of 92 authorization for the amount of $550,000. Staff will present a Budget Amendment to reconcile the projected expenditures for this project before the end of the year. IV. HISTORY AND FACTS BRIEF: The Columbia East Pump Station project involves the construction of a regional industrial pump station located east of downtown Pasco, at the intersection of the Pasco-Kahlotus Highway and Commercial Avenue. The proposed pump station will serve 3 food processors in the Columbia East area, allowing them to discharge millions of gallons per day of their process wastewater (gray water) to Pasco’s Process Water Reuse Facility (PWRF). This contract represents the first stage of a two-stage project. The second stage will encompass the construction of a dual 16-inch force main extending approximately 5.5 miles to get process wastewater from the new pump station to the PWRF. Design of the dual force main is underway and its construction is expected to begin in spring of 2019. This project fits within the overall PWRF upgrade and expansion plans. The construction of this project establishes a new industrial hub for the Columbia East Service area of the PWRF. It provides a new, reliable conveyance system for two existing processors already discharging to the PWRF and allows a third processor in this service area to pump their waste flows to the PWRF. The benefits of this project expand further, as it redirects one of the processor’s effluent away from the Municipal Wastewater treatment plant (WWTP) and to the PWRF. This provides for compliance with a Department of Ecology directive while increasing capacity at Pasco’s Municipal Wastewater Treatment Plant. The additional capacity is needed for projected population growth for the City of Pasco. This project aligns with City Council goal to promote the community as a desirable place for commercial and industrial development, as it enhances economic development of the region and allows for job creation and conservation. V. DISCUSSION: On September 7, 2018, the City received five (5) bids for the project. The lowest bid was from Clearwater Construction & Management, LLC, in the amount of $2,669,751.00. The Engineer's Estimate was $2,827,129.50. This project is included in the City's 2018-2023 Capital Improvements Plan, under the name "Kahlotus Hwy Sewer Force Main (Dietrich Lift Station) project # 17003") and is included in the 2018 Adopted Budget. Construction phase for the project will be completed using the direct appropriation of the Washington State Capital Budget ($2,575,000) managed by Washington State Department of Commerce, Franklin County Economic Development Grants ($1,000,000) and local funds in the form of bonds to be paid by Food Processors ($8,705,330). The City of Pasco is pursuing an Page 82 of 92 Economic Development Administration (U.S. EDA) Public Works Grant for the amount of $3,000,000. If the project was awarded said grant, local funds needed would be significantly reduced. The project has successfully passed the initial review from the funding agency and is being considered for award. A determination is expected after the next scheduled EDA Investment Committee Review meeting to be held in early October. After award of the contract, the starting date of construction will be coordinated with the contractor. The Columbia East Pump Station project includes 180 working days for completion. Staff has reviewed the bid submittal and found no exceptions or irregularities and, therefore, recommends award of the contract to Clearwater Construction & Management, LLC of Spokane, Washington. Page 83 of 92 Figure 2-2 Proposed Forcemains 18424.00 06.22.2018Page 84 of 92 BID SUMMARY COLUMBIA EAST PUMP STATION ENGINEERS Cleamater Construction Culbert Construction,Apollo,Inc.Total Site Services,LLC CITY PROJECT No 17003 cl-_,9_sR_2A_17_01 ESTIMATE &Management,LLC.Inc.Kennewick,WA Richland,WA '’Spokane,WA Pasco,WA Bid Security 5%Bid Bond 5%Bid Bond 5%Bid Bond 5%Bid Bond ITEM UNIT UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT Mobilization 200,000.00 200,000.00 150,000.00 150,000.00 223,601.12 223,601.12 178,000.00 178,000.00 277,541.00 277,541.00 Columbia East Pumpstation 2,403,250.00 2,403,250.00 2,308,335.00 2,308,335.00 2,267,299.31 2,267,299.31 2,326,000.00 2,326,000.00 2,385,663.00 2,385,663.00 SUBTOTAL:$2,603,250.00 $2,458,335.00 $2,490,900.43 $2,504,000.00 2,663,204.00 SALESTAX @ 8.6%:$223,879.50 $211,416.81 $214,217.44 $215,344.00 229,035.54 TOTAL $2,827,129.50 $2,669,751.00 $2,705,117.87 $2,719,344.00 $2,892,239.54 BID SUMMARY ENGINEERS Tapani,Inc.COLUMBIA EAST PUMP STATION ESTIMATE Battleground’WACITYPROJECTNO.17003,CP9-SR-2A-17-01 Bid Security 5%Bid Bond ITEM UNIT UNITPRICE AMOUNT UNITPRICE AMOUNT Mobilization 200,000.00 200,000.00 266,000.00 266,000.00 Columbia East Pump Station 2,403,250.00 2,403,250.00 2,465,000.00 2,465,000.00 SUBTOTAL:$2,603,250.00 $2,731 ,866,00 SALES TAX @ 8.6%:$223,879.50 $234,866.00 TOTAL $2,827,129.50 $2,965,866.00 CITYENGINEERSREPORT COMPETITIVEBIDSWEREOPENEDON September 7,2018.CITY0 F PASCO ALLBIDSHAVEBEENREVIEWEDBYTHISOFFICE.W .. I RECOMMENDTHECONTRACTBEAWARDEDTO:5'1 7003 c°I'''mb'a East P“"‘P stat'°“ Clearwater Construction &Management,LLC C I T Y 0 F A?!//'7 CITY PROJECT NO.CP9-SR-2A-I7-OI 1 ~,. 'DATE:September 7,2013?fl FILE:17003 Columbia East Pump Station Bid Summary.pubDATECITYENGINEER SHEET 1 of 1Page 85 of 92 AGENDA REPORT FOR: City Council September 6, 2018 TO: Dave Zabell, City Manager Regular Meeting: 9/17/18 FROM: Stan Strebel, Deputy City Manager Executive SUBJECT: 2019 Legislative Priorities I. REFERENCE(S): 2019 Legislative Priorities II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: The 2019 legislative session will begin on January 14, 2019. This will be the first year of a biennial cycle where the primary responsibility of the legislature is to pass a budget. Commonly referred to as the "long session", on odd numbered years, the session lasts 105 days including weekends and state recognized holidays. This will precede the second year of the two-year cycle, where the legislature is tasked with implementing supplemental budgets during a shorter 60-day session. The City contracts with Gordon Thomas Honeywell Governmental Affairs (GTHGA) to assist in promoting the Council's legislative priorities to the Washington State Legislature. GTHGA assists the City Council in developing a comprehensive legislative agenda and furthering that agenda in Olympia to promote economic development and the vitality of the growing City and, provides an on-the-ground presence in Olympia during session, monitors the state legislature throughout the year, and advances the City's legislative agenda accordingly. The City has maintained a proactive posture with the legislature regarding the interests of Pasco. One means by which Council has historically made its concerns and interests known to the legislature, and specifically its legislative delegation, is through the adoption of its City Legislative Priorities Statement. Page 86 of 92 V. DISCUSSION: Attached is the proposed 2019 legislative priorities list which reflects modifications to the previous agenda as recommended by staff and the legislative consultant, Briahna Murray, Vice President, Gordon Thomas Honeywell Governmental Affairs. The proposed changes consider changed circumstances over the past year, so that draft priorities for Council's consideration more accurately reflect current circumstances, Council's overall policy direction and the likelihood of success. The 2019 legislative session will be largely occupied by the adoption of biennial operating, capital, and transportation budgets. While state revenues continue to exceed expectations, with so much of the legislature's efforts over the past few years focused on addressing the McCleary decision, there appears to be significant pent up demand to spend new state dollars. As part of preliminary discussions around the budget, the legislature is anticipated to have a robust discussion around tax policy. It is anticipated that proposals concerning carbon tax, capital gains tax, closing tax loopholes, and other tax policy changes will be discussed in greater detail this upcoming session. There is some early dialogue around a small transportation funding package to fund some key projects that were omitted from the 16-year schedule of projects, though the political viability of a “mini package” is unclear at present. Beyond budget and tax policy, it is anticipated that the legislature will also address significant policy issues such as: mental health services, affordable housing, education construction, head tax preemption, internet sales taxes, culvert funding (fish passage), economic development (tools), small cell technology deployment, broadband expansion, Basic Law Enforcement Academy funding, and indigent defense funding. The 2019 session will be busy on all of these fronts. The GTHGA team will present Council with an overview of the upcoming session as well as discuss the attached list of priorities. Staff requests Council direction so that the priorities list can be put in resolution form for Council action at its October 1, 2018 regular meeting. Page 87 of 92 Page 88 of 92 City of Pasco 2019-21 State Legislative Priorities PEANUTS COMMUNITY PLAZA and FARMERS MARKET: At the epicenter of downtown Pasco is Peanuts Park, the primary and historic gathering place for the community. The park is the heart of a culturally diverse downtown core. The City is leveraging this project, as part of a bundle of projects to revitalize the downtown core, enhance economic opportunities for the agricultural community and provide the public greater access to locally grown produce. Design for these improvements is expected to be complete in the spring of 2019 with construction to commence shortly thereafter. Considerable public outreach was part of the master planning process and as a result the project enjoys significant public support. The City requests $3 million in funding for Phase 1 of this project to revitalize the downtown plaza and farmers market structures, upgrading this important community gathering place in a way that will spur economic development. PROCESS WATER REUSE FACILITY IMPROVEMENTS PHASE I: The City requests $3 million for improvements to the City’s industrial wastewater treatment facility which supports a very successful food processing cluster and farmers within the region. These proposed conveyance, rehabilitation and treatment improvements will improve the reliability of the facility and allow for the needed and planned expansion in productivity of current food processors utilizing the facility and create capacity for additional processors. This project is necessary to support the current processors and farmers benefitting from the plant and allow for growth of the Pasco Ag Processing Cluster. ALLOW CITY PUBLIC FACILITY DISTRICT TO FUND AQUATIC CENTER: The Pasco Public Facility District (PFD) would like to fund and construct an aquatic center. Regional and county PFDs are authorized to construct “recreational facilities”; however, city PFDs are not. The City requests legislation or a local tool to bring this project to fruition. INFRASTRUCTURE FUNDING (TIB & PWAA): The City of Pasco has several significant infrastructure projects that are too expensive to fund solely with local funding, including; Lewis Street Overpass project replaces a deteriorating and functionally obsolete 1937 underpass on a former state highway; Argent Road, widening and improving safety, capacity and multi-modal opportunities in the immediate vicinity of the Tri-Cities Airport in Pasco, Columbia Basin College and nearby commercially zoned properties. The City requests that the Legislature fund key infrastructure funding programs, including the Transportation Improvement Board (TIB) and the Public Works Assistance Account (PWAA) to provide adequate funding sources to complete these projects. Specifically, the City requests that the legislature return funding streams, such as the utility tax and real estate excise tax revenues, to the PWAA. BASIC LAW ENFORCEMENT ACADAMY (BLEA) FUNDING: The City of Pasco supports increased funding and other solutions to ensure newly hired officers are able to complete training through the Basic Law Enforcement Academy (BLEA) at the Criminal Justice Training Commission in a timely manner. At current funding levels, the Criminal Justice Training Commission has a backlog of officers awaiting training. State law requires that officers are trained within 6 months of hire. The current backlog exceeds this statutory timeline. This results in law enforcement agencies throughout the state hiring new officers, and then keeping them on staff for upwards of 6 months, unable to perform police work until their training is complete. ECONOMIC DEVELOPMENT TOOLS: The City of Pasco joins the Association of Washington Cities in encouraging the State to reinvigorate economic development programs currently in statute that now remain unfunded, such as the Local Revitalization Fund (LRF), the Local Infrastructure Financing Page 89 of 92 Tool (LIFT), the Job Development Fund (JDF), and others. Additionally, Pasco supports establishing a tax increment financing or value capture financing program, similar to what is established in other states. DEFEND LOCAL CONTROL: The City of Pasco believes the best governmental decisions are those that are made closest to the people represented. Cities possess strong local authority to provide for the safety and welfare of their residents, and the Legislature must abstain from restricting, mandating, or otherwise interfering with local decisions. The City of Pasco will oppose legislative actions that are inconsistent with this view. Page 90 of 92 The City of Pasco Supports/Opposes FINANCE/GENERAL GOVERNMENT Streamlined Sales Tax Mitigation Pasco requests that Streamlined Sales Tax Mitigation payments continue to the City until Marketplace Fairness Act revenues increase to a level that allow the City to remain financially whole. State-Shared Revenues Pasco receives approximately $1.3 million annually from the state, categorized as “state-shared revenues.” Pasco supports restoring liquor profit revenues to pre-2012 levels by removing the 2011 cap, and restoring the 50/50 revenue sharing relationship over multiple biennia and dedicate the revenue to public safety. Election of Judges Pasco opposes legislation mandating that part-time municipal court judges be elected rather than appointed. Labor Reform Pasco opposes legislation that increases labor costs. INFRASTRUCTURE & ECONOMIC DEVELOPMENT Affordable Housing The City will support legislative proposals to address affordable housing issues, such as a credit against state sales tax collections, and additional resources from Real Estate Excise Taxes. The City will also evaluate other proposals as they come forward, including density mandates and the issue of condominium liability. Furthermore, the City recognizes that school impact fees are having an effect on housing affordability, and encourages the state to evaluate the efficacy of those fees and others alike. Model Toxics Control Account Pasco supports funding solutions to the Model Toxics Control Account that maintain and increase funding for storm water and clean up. Main Street Tax Credit Incentive Program Pasco supports legislation that increases tax credit limits and makes necessary administrative changes to the Main Street Tax Incentive Program. .09 Money Extension Pasco supports extending the .09 money used for rural economic development. This is a sales and use tax for public facilities in rural counties set to expire in 2023. PUBLIC SAFETY Funding to Reduce Gang Violence Pasco supports proposals that increase funding to reduce gang violence throughout the state. Marijuana Laws Pasco supports solutions to assist local governments in implementation of the recreational marijuana system, and supports policies that retain local authority on regulations that govern marijuana production or sale. LOCAL CONTROL Small Cell Network Facility Deployment Pasco supports legislation that recognizes local solutions and flexibility with the deployment of small cell technology. Page 91 of 92 All-Terrain Vehicles Pasco opposes legislation that restricts its ability to respond to ATV use within the city. Breed Based Canine Restrictions Pasco opposes legislation that removes its ability to restrict ownership of dangerous breeds of dogs from within the community. LAND USE Pasco DNR Property The City of Pasco is opposed to DNR buying land within the City’s Urban Growth Area (UGA), and asks the Department to divest of land it currently owns within the UGA. The City hopes to continue working collaboratively with the Department of Natural Resources to facilitate the sale of the commercially-zoned properties west of Road 68, along the Chapel Hill Road alignment. If a collaborative solution is not forthcoming, the City will seek a legislative solution. Notification of Pre- Annexation Agreements The City supports legislation improving notification of existing pre-annexation agreements in the home buying process. Annexation of Unincorporated Islands Pasco opposes legislation mandating cities to annex unincorporated islands, but supports incentives that encourage annexation, such as lowering the percentage of petition signers needed to annex unincorporated islands. SEPA Reform Pasco supports efforts to reform the State Environmental Policy Act to streamline the process and remove items from the SEPA analysis that duplicate work already being completed by other ordinances and laws. Page 92 of 92