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HomeMy WebLinkAbout2018.11.19 Council Meeting PacketRegular Meeting AGENDA PASCO CITY COUNCIL 7:00 p.m. November 19, 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 Regular Meeting dated November 5, 2018. 9 - 11 (b) Bills and Communications To approve claims in the total amount of $2,336,759.73 ($1,013,202.03 in Check Nos. 225672-225904; $396,429.60 in Electronic Transfer Nos. 822634-822635, 822715-822717; $23,960.74 in Check Nos. 52307-52329; $767,739.43 in Electronic Transfer Nos. 30127240-30127765; $135,427.93 in Electronic Transfer Nos. 530-536. 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 $145,275.46 and, of that amount, authorize $24,972.50 to be turned over for collection. 12 - 15 (c) Professional Services Agreement Design/Construction Services for Fire Stations 83 & 84 To approve the Professional Services Agreement with TCA Architecture - Planning, for design and construction services for Fire Stations 83 and 84, and to authorize the City Manager to execute the agreement. 16 - 19 (d) Final Project Acceptance - 20th Ave Safety Improvements Page 1 of 221 Regular Meeting November 19, 2018 To approve Resolution No. 3873 accepting the work performed by Moreno and Nelson Construction, Corp. for the 20th Ave Safety Improvements project. 20 - 24 (e) Final Project Acceptance - Regional Fire Training Facility To approve Resolution No. 3874 accepting the work done by 3S Fire LLC for the Regional Fire Training Facility. (RC) MOTION: I move to approve the Consent Agenda as read. 4. PROCLAMATIONS AND ACKNOWLEDGEMENTS: 5. VISITORS - OTHER THAN AGENDA ITEMS: This item is provided to allow citizens the opportunity to bring items to the attention of the City Council or to express an opinion on an issue. Its purpose is not to provide a venue for debate or for the posing of questions with the expectation of an immediate response. Some questions require consideration by Council over time and after a deliberative process with input from a number of different sources; some questions are best directed to staff members who have access to specific information. Citizen comments will normally be limited to three minutes each by the Mayor. Those with lengthy messages are invited to summarize their comments and/or submit written information for consideration by the Council outside of formal meetings. 6. REPORTS FROM COMMITTEES AND/OR OFFICERS: (a) Verbal Reports from Councilmembers 7. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: 25 - 94 (a) 2019 Operating & Capital Projects Budget Ordinances - First Reading CONDUCT PUBLIC HEARING MOTION: I move for the first reading of Ordinance No. 4401, for consideration of the City of Pasco Biennial Operating Budget for 2019-2020. MOTION: I move for the first reading of Ordinance No. 4402, for consideration of the City of Pasco Biennial Capital Projects Budget for 2019-2020. 95 - 103 (b) Special Permit Appeal: Mor-Stor Mini Storage Expansion in a C-1 Zone (MF# APPL 2018-002) MOTION: I move to close the hearing and adopt Resolution No. 3875, Page 2 of 221 Regular Meeting November 19, 2018 granting a special permit for the expansion of a mini storage facility in a C -1 Zoning District at 1420 Road 68. 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: 104 - 187 (a) Preliminary Plat: Serrano Heights (MF# PP 2018-007) MOTION: I move to approve Resolution No. 3865, approving the Preliminary Plat for Serrano Heights 188 - 193 (b) Community Identity – Logo Development Selection MOTION: I move to approve Resolution No. 3876 adopting Option ("1" or "2") from the staff report as Exhibit "A" to the resolution for the new City logo. 194 - 196 (c) Ordinance Amending PMC Regarding "Purchasing" MOTION: I move to adopt Ordinance No. 4403 repealing Chapters 2.56 "Selection of Architectural and Engineering Consultants" and 14.11 "Small Works Roster" and Amending Chapter 3.85 "Purchasing" of the Pasco Municipal Code and, further, authorize publication by summary only. 9. UNFINISHED BUSINESS: 197 - 221 (a) Electronic Traffic Control MOTION: I move to approve the contract with Redflex for the placement of traffic control camera's at the authorized intersections and authorize the City Manager to sign the agreement. 10. NEW BUSINESS: 11. MISCELLANEOUS DISCUSSION: 12. EXECUTIVE SESSION: 13. ADJOURNMENT. (RC) Roll Call Vote Required * Item not previously discussed Q Quasi-Judicial Matter MF# “Master File #....” Page 3 of 221 Regular Meeting November 19, 2018 REMINDERS: Monday, November 19, 6:00 p.m., LEOFF Disability Board – City Hall Conference Room 1, Pasco City Hall (MAYOR MATT WATKINS, Rep.; COUNCILMEMBER CRAIG MALONEY, Alt.) This meeting is broadcast live on PSC-TV Channel 191 on Charter Cable and streamed at www.pasco-wa.gov/psctvlive. Audio equipment available for the hearing impaired; contact the Clerk for assistance. Spanish language interpreter service may be provided upon request. Please provide two business day's notice to the City Clerk to ensure availability. (Servicio de intérprete puede estar disponible con aviso. Por favor avisa la Secretaria Municipal dos días antes para garantizar la disponibilidad.) Page 4 of 221 AGENDA REPORT FOR: City Council November 14, 2018 TO: Dave Zabell, City Manager Regular Meeting: 11/19/18 FROM: Daniela Erickson, City Clerk Administrative & Community Services SUBJECT: Approval of Minutes I. REFERENCE(S): Minutes 11.5.18 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: To approve the minutes of the Pasco City Council Regular Meeting dated November 5, 2018. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 5 of 221 REGULAR MEETING MINUTES PASCO CITY COUNCIL NOVEMBER 5, 2018 1 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; Zach Ratkai, 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 Regular Meeting dated October 15, 2018 and the Special Meeting dated October 29, 2018. Bills and Communications To approve claims in the total amount of $5,084,821($2,477,689.20 in Check Nos. 225283-225671; $1,068,966.27 in Electronic Transfer Nos. 822196- 822275, 822279-822295, 822297-822300, 822302-822330, 822341-822386, 822389-822404, 822409-822435, 822438-822520, 822547-822548, 822602, 822623-822625; $42,449.55 in Check Nos.52258-52306; $1,489,898.61 in Electronic Transfer Nos.30126192-30127239; $5,817.37 in Electronic Transfer Nos. 526-528). Downtown Pasco Development Authority Appointments To appoint the following to positions on the Board of the Downtown Pasco Development Authority as follows: Claudia Tapia to Position No. 3, with the expiration date of 12/2020, and Edison Valerio to Position No. 6, with the expiration date of 12/2022. MOTION: Mr. Maloney moved to approve the Consent Agenda as read. Mr. Martinez seconded. Motion carried by unanimous Roll Call vote. REPORTS FROM COMMITTEES AND/OR OFFICERS: Verbal Reports from Councilmembers • Mr. Serrano attended the Visit Tri-Cities Monthly Meeting. • Ms. Barajas attended the Tri-Cities Regional Chamber of Commerce luncheon where the City of Pasco received a plaque acknowledging the City as a new Director Level member. Also, attended the Tierra Vida Harvest Festival. • Mr. Alvarado also attended the Tri-Cities Regional Chamber of Commerce Luncheon. Also, went and toured the new Union Gospel Page 6 of 221 REGULAR MEETING MINUTES PASCO CITY COUNCIL NOVEMBER 5, 2018 2 Mission Facility which is set to open soon. The Good Roads Nominating Committee met to work on representatives for next year. • Mr. Milne attended the groundbreaking ceremony for the Courtyard Marriott Hotel at the Tri-Cities Airport. Hope to have it completed in twelve months. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: Access Easement Vacation: Sedona Apartments (MF# VAC 2018-005) Council and staff discussed the proposed vacation. Mayor Watkins declared the Public Hearing open to consider the proposed vacation. Following three calls for comments, and there being none, Mayor Watkins declared the Public Hearing closed. MOTION: Mr. Maloney moved to adopt Ordinance No. 4400, vacating access easements at 1327 North 24th Avenue, and further, authorize publication by summary only. Mr. Serrano seconded. Motion carried unanimously. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: Annexation and Bonded Indebtedness MOTION: Mr. Maloney moved to approve Resolution No. 3872, concerning annexation and bonded indebtedness. Mr. Martinez seconded. Motion carried unanimously. Preliminary Plat: Serrano Heights (MF# PP 2018-007) MOTION: Mr. Maloney moved to table approval of the Preliminary Plat for Serrano Heights to the next business meeting. Mr. Alvarado seconded. Motion carried unanimously. 2019 Ad Valorem Tax Levy MOTION: Mr. Maloney moved to adopt Ordinance No. 4398 (Option C), providing for the 2019 Ad Valorem Tax Levy in the City of Pasco in accordance with State Law and, further, authorize publication by summary only. Mr. Martinez seconded. Motion carried by the following Roll Call vote: Yes - Watkins, Alvarado, Barajas, Maloney, Martinez, Serrano. No - Milne. MISCELLANEOUS DISCUSSION: • Ben Shearer, Pasco Fire - invitation to the "Push In" Event set for Saturday morning, November 10, at 10:00 a.m., Station 81, 310 N. Oregon Avenue. • Mr. Martinez announced that the smoke detector battery replacement program for elderly still ongoing. • Mr. Maloney announced that the grant for the DPDA concert series is still open for online voting. EXECUTIVE SESSION: Page 7 of 221 REGULAR MEETING MINUTES PASCO CITY COUNCIL NOVEMBER 5, 2018 3 Council adjourned to Executive Session at 7:30 p.m. for approximately 15 minutes to establish sales price or lease amount of real estate with the City Manager, Deputy City Manager and the City Attorney. Mayor Watkins called the meeting back to order at 7:42 p.m. ADJOURNMENT: There being no further business, the meeting was adjourned at 7:42 p.m. PASSED AND APPROVED this 19th day of November 2018. APPROVED: ATTEST: Matt Watkins, Mayor Daniela Erickson, City Clerk Page 8 of 221 AGENDA REPORT FOR: City Council November 15, 2018 TO: Dave Zabell, City Manager Regular Meeting: 11/19/18 FROM: Richa Sigdel, Director Finance SUBJECT: Bills and Communications I. REFERENCE(S): Accounts Payable 11.19.18 Bad Debt Write-off/Collection II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve claims in the total amount of $2,336,759.73 ($1,013,202.03 in Check Nos. 225672-225904; $396,429.60 in Electronic Transfer Nos. 822634-822635, 822715- 822717; $23,960.74 in Check Nos. 52307-52329; $767,739.43 in Electronic Transfer Nos. 30127240-30127765; $135,427.93 in Electronic Transfer Nos. 530-536. 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 $145,275.46 and, of that amount, authorize $24,972.50 to be turned over for collection. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 9 of 221 REPORTING PERIOD: November 19, 2018 Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined Check Numbers 225672-225904 52307-52329 Total Check Amount $1,013,202.03 $23,960.74 Total Checks 1,037,162.77$ Electronic Transfer Numbers 822634-822635 30127240-30127765 530-536 822715-822717 Total EFT Amount $396,429.60 $767,739.43 $135,427.93 $0.00 Total EFTs 1,299,596.96$ Grand Total 2,336,759.73$ Councilmember 504,434.90 1,733.14 0.00 0.00 391.46 581.14 0.00 944.70 9,758.04 10,456.72 1,595.03 44,985.42 1,185.93 328.55 0.00 97,579.08 0.00 1,212.95 1,591.51 0.00 0.00 402.61 0.00 0.00 41,054.78 374,109.65 66,486.16 17,797.29 0.00 0.00 159,800.43 0.00 0.00 1,000,330.24 GRAND TOTAL ALL FUNDS:2,336,759.73$ 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 19th day of November, 2018 that the merchandise or services hereinafter specified have been received and are approved for payment: November 1 - 14, 2018 C I T Y O F P A S C O Council Meeting of: Accounts Payable Approved The City Council Page 10 of 221 BAD DEBT WRITE-OFF/COLLECTION October 1 – October 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 $ 3.00 259.52 262.52 Ambulance $ 120,299.96 9,387.98 129,687.94 Court A/R $ .00 1,920.00 1,920.00 Code Enforcement $ .00 13,255.00 13,255.00 Cemetery $ .00 .00 .00 General $ .00 150.00 150.00 Miscellaneous $ .00 .00 .00 TOTAL: $ 120,302.96 24,972.50 145,275.46 Page 11 of 221 AGENDA REPORT FOR: City Council November 14, 2018 TO: Dave Zabell, City Manager Regular Meeting: 11/19/18 FROM: Stan Strebel, Deputy City Manager Executive SUBJECT: Professional Services Agreement Design/Construction Services for Fire Stations 83 & 84 I. REFERENCE(S): PSA Summary Sheet Fee Schedule II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve the Professional Services Agreement with TCA Architecture - Planning, for design and construction services for Fire Stations 83 and 84, and to authorize the City Manager to execute the agreement. III. FISCAL IMPACT: A total amount $1,507,745 is needed for design: Station 83: $542,245 Station 84: $965,500 Funding source would be current resources initially with likely replenishment from the future LTGO bond funding this project. IV. HISTORY AND FACTS BRIEF: The City Council approved an agreement with TCA in August 2017 for conceptual design for the construction of Station 84 and the relocation of Station 83 to improve overall emergency response times and better serve the growing community. TCA completed those services timely, providing the City with concepts and cost estimates for the two facilities. Council's recent approval of a funding package (using banked capacity) to finance the subject facilities over time allows for these two critical projects to move forward with construction as rapidly as feasible to contain cost increases currently prevalent in the local construction bidding climate. Page 12 of 221 The 2018 budget includes some funding for preliminary design services. Design and construction fees for the Fire Station projects are included in the preliminary 2019/2020 Biennial Budget. V. DISCUSSION: Commencing design now, even a couple of months earlier than planned, will lessen the impact of construction inflation and allow for greater flexibility in timing advertisements for bids. Funds we budgeted for design services in 2018, if considered insufficient for the amount of progress anticipated through the current budget year, the supplemental budget amendment will reflect any changes. Staff recommends approval of the agreement with TCA Architecture- Planning as presented. Page 13 of 221 Professional Services Agreement Summary Sheet Project: Design and Construction Administration Services for Fire Station 83 and 84 Consultant: TCA Architecture – Planning Address: Seattle, WA Scope of Services: Schematic Design – Design Development – Construction Documents – Bidding and Negotiations – Construction Administration and Closeout Term: 12 months – Station 83 16 months – Station 84 Completion Date: TBD Payments to Consultant: ☐ Hourly Rate: $ ☒ Fixed Sum of: $1,507,745.00 • Station 83: $542,245.00 • Station 84: $965,500.00 ☐ Other: Insurance to be Provided: 1. Commercial General Liability: ☐ $1,000,000 each occurrence; ☐ $2,000,000 general aggregate; or ☒ $1,000,000 each occurrence; and $2,000,000 general aggregate 2. Professional Liability: ☐ $1,000,000 per claim; ☐ $1,000,000 policy aggregate limit; or ☒ $1,000,000 per claim; and $2,000,000 per policy aggregate limit Other Information: TCA provided conceptual design development and estimates for both stations through prior agreement (8/17). Signature by: ☐ Mayor ☒ City Manager Page 14 of 221 City of Pasco A/E Fees- Station 83 & 84 Exhibit A STATION 83 STATION 84 CA Duration to Final Completion 12 mo 16 mo Consultants in Base Fee Site Visits Site Visits Architect- TCA Architecture Planning 20 25 Structural 3 3 Mechanical 3 3 Electrical 3 3 FEE BASIS and BREAKDOWN Design Process- Schematic-Contract closeout*431,305.00$ 819,490.00$ *Assumes 8.5% & 8% fee respectively Interior Design, Furnishings, Signage Design & Coordination 9,000$ 9,000$ Civil Engineering 30,400$ 41,600$ Sewer Line Extension ($10,000 if small gringer/lift pump only at station)40,000$ Landscape 25,000$ 30,000$ Data/Communications/Engineering 5,000$ 10,000$ Paging/Alerting Systems 5,000$ 7,500$ Independent Estimating 0 0 Traffic Engineering 0 0 TCA 10% Management fee of Consultants 6,540$ 12,910$ Subtotal Fee 512,245$ 930,500$ Printing/Advertising/Reimbursable Allowance 30,000$ 35,000$ Postage Delivery Copies Travel Total Consultant Fee 542,245$ 965,500$ Base CA- assumes the following hours billed on a T&M basis 700 1330 Page 15 of 221 AGENDA REPORT FOR: City Council November 14, 2018 TO: Dave Zabell, City Manager Steve Worley, Public Works Director Regular Meeting: 11/19/18 FROM: Dan Ford, City Engineer Public Works SUBJECT: Final Project Acceptance - 20th Ave Safety Improvements I. REFERENCE(S): Vicinity Map Resolution II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No._______ accepting the work performed by Moreno and Nelson Construction, Corp. for the 20th Ave Safety Improvements project. III. FISCAL IMPACT: STP Grant - $2,106,900 Fund 120 Arterial - $131,000 Fund 125 TIF - $197,600 Total Project: $2,435,500 IV. HISTORY AND FACTS BRIEF: The 20th Ave Safety Improvements project included traffic and pedestrian signal upgrades, as well as ADA improvements at Lewis Street, Sylvester Street, Henry Street, Court Street, Pearl Street, and Sun Willows Boulevard intersections and widened a narrow section of the roadway in the vicinity of the recently removed pedestrian bridge near Robert Frost Elementary. It included installation of pedestrian hybrid beacons near Marie Street and Robert Frost Elementary, as well as access management improvements near Lewis Street and Court Street, all with a common goal to remove potential hazards for both vehicular and pedestrian traffic, while improving the overall safety of the corridor. Page 16 of 221 The project bid was awarded to Moreno and Nelson Construction, Corp out of Walla Walla, WA on March 14, 2017 in the amount of $2,002,384.50 by Council action. The project is complete and constructed per specifications. Final construction costs were $1,970,894.59, which includes change orders in the amount of $36,582.74. Formal acceptance of the project by the City is required by State law and starts a 45 day waiting period within which an outside vendor, supplier or laborer would have an opportunity to file a claim against this project pursuant to RCW 60.28.011 (2). After 45 days the retainage being held by the City can be released once the City has received the following documents: • An affidavit of no liens • A release from the Department of Revenue that all taxes have been paid • A release from any claims from the Department of Labor and Industries, pursuant to RCW 60.28.051 V. DISCUSSION: Staff recommends City Council's acceptance of the project as constructed by Moreno and Nelson Construction, Corp. This item was discussed at the November 13th Workshop meeting. Page 17 of 221 COURT ST PEARL ST 5TH AVE4TH AVE14TH AVESYLVESTER STUS - 395LE W I S S T "A" ST20TH AVE10TH AVERAILROAD AVE I-182 COLUMBIA BASIN COLLEGE SUN WILLOWS BLVD TRI-CITIES AIRPORT HENRY ST MARIE ST YAKIMA ST Page 18 of 221 RESOLUTION NO. _______ A RESOLUTION ACCEPTING WORK PERFORMED BY MORENO AND NELSON CONSTRUCTION, CORP., UNDER CONTRACT FOR THE 20TH AVE SAFETY IMPROVEMENTS PROJECT. WHEREAS, the work performed by Moreno and Nelson Construction, Corp., under contract for the 20th Ave Safety Improvements project has been examined by Engineering and has been found to be in apparent compliance with the applicable project specifications and drawings, and WHEREAS, it is Engineering’s recommendation that the City of Pasco formally accept the contractor’s work and the project as complete; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, that the City Council concurs with Engineering’s recommendation and thereby accepts the work performed by Moreno and Nelson Construction, Corp., under contract for 20th Ave Safety Improvements project, as being completed in apparent conformance with the project specifications and drawings, and Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington State Department of Revenue of this acceptance, and Be It Further Resolved, that the final payment of retainage being withheld pursuant to applicable laws, regulations and administrative determination shall be released upon satisfaction of same and verification thereof by the Public Works Director and Finance Director. PASSED by the City Council of the City of Pasco this 13th day of November, 2018. _____________________________ Matt Watkins Mayor ATTEST: APPROVED AS TO FORM: _____________________________ __________________________ Daniela Erickson Leland B. Kerr City Clerk City Attorney Page 19 of 221 AGENDA REPORT FOR: City Council November 15, 2018 TO: Dave Zabell, City Manager Regular Meeting: 11/19/18 FROM: Bob Gear, Fire Chief Fire Department SUBJECT: Final Project Acceptance - Regional Fire Training Facility I. REFERENCE(S): Proposed Resolution Photos of Completed Project II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approved Resolution No. ___________ accepting the work done by 3S Fire LLC for the Regional Fire Training Facility. III. FISCAL IMPACT: Total Project Cost: $668,350 AFG Grant Funds: $561,550 Pasco Match: $106,800 - CIP Funds IV. HISTORY AND FACTS BRIEF: On March 19, 2018, Council awarded the contract for the Regional Fire Training Facilities project to 3S Fire LLC. The City of Pasco is signatory to an Assistance to Firefighters Grant (AFG) which supplied partial funding for three regional modular burn facilities to be located in the City of Kennewick (2 modules), Benton City (2 modules) and the City of Pasco (7 modules). The facilities in all 3 cities have been completed and were constructed to standards. Formal acceptance of the project by the City is required by State law and starts a 45 - day waiting period within which an opportunity to file a claim against this project pursuant to RCW 60.28.011 (2). After 45 days the retainage being held by the City can be released once the City has received the following documents: • An affidavit of no leins Page 20 of 221 • A release from the Department of Revenue that all taxes have been paid • A release from any claims from the Department of Labor and Industries, pursusant to RCW 60.28.051. V. DISCUSSION: All 3 facilities are now available and being utilized for live training. This item was discussed at November 13th 2018 workshop meeting. Staff recommends City Council's acceptance of the project as constructed by 3S Fire, LLC. Page 21 of 221 RESOLUTION NO. _______ A RESOLUTION ACCEPTING WORK PERFORMED BY 3S FIRE LLC, UNDER CONTRACT FOR THE REGIONAL FIRE TRAINING FACILITY. WHEREAS, the work performed by 3S Fire LLC, under contract for the Regional Fire Training Facility project has been examined by the City and has been found to be in apparent compliance with the applicable project specifications and drawings, and WHEREAS, it is the Fire Department’s recommendation that the City of Pasco formally accept the contractor’s work and the project as complete; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, that the City Council concurs with the Fire Department’s recommendation and thereby accepts the work performed by 3S Fire LLC, under contract for Regional Fire Training Facility project, as being completed in apparent conformance with the project specifications and drawings, and Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington State Department of Revenue of this acceptance, and Be It Further Resolved, that the final payment of retainage being withheld pursuant to applicable laws, regulations and administrative determination shall be released upon satisfaction of same and verification thereof by the Fire Chief and Finance Director. PASSED by the City Council of the City of Pasco this 19th day of November, 2018. _____________________________ Matt Watkins Mayor ATTEST: APPROVED AS TO FORM: _____________________________ __________________________ Daniela Erickson Leland B. Kerr City Clerk City Attorney Page 22 of 221 Page 23 of 221 Page 24 of 221 AGENDA REPORT FOR: City Council November 15, 2018 TO: Dave Zabell, City Manager Regular Meeting: 11/19/18 FROM: Richa Sigdel, Director Finance SUBJECT: 2019 Operating & Capital Projects Budget Ordinances - First Reading I. REFERENCE(S): 2019-2020 Preliminary Biennial Operating & Capital Improvement Budget - Link http://www.pasco-wa.gov/budget Powerpoint Presentation Proposed 2019-2020 Operating Budget Ordinance Proposed 2019-2020 Capital Projects Budget Ordinance II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: CONDUCT PUBLIC HEARING MOTION: I move for the first reading of Ordinance No. ____________, for consideration of the City of Pasco Biennial Operating Budget for 2019-2020. MOTION: I move for the first reading of Ordinance No. ____________, for consideration of the City of Pasco Biennial Capital Projects Budget for 2019-2020. III. FISCAL IMPACT: $450,874,776 (Includes fund balance) IV. HISTORY AND FACTS BRIEF: The City Council was provided a comprehensive briefing of the 2019-2020 Preliminary Biennial Budget, along with associated policy issues at the November 13, 2018 Council Workshop Meeting. Consistent with State statute, and in furtherance of Council's goals with respect to transparency and providing opportunities for community engagement and input, the scheduled public hearing is being held for comment on the recommended 2019-2020 Page 25 of 221 budget. In the interest of time, Staff will provide a more condensed budget presentation than was provided at the Workshop, in advance of the public hearing. V. DISCUSSION: Since the Preliminary Biennial Budget proposal on November 13, 2018, there have been no changes to the proposed budgets. Subject to the direction of Council, input from individual Councilmembers, or public input received during the hearing may impact the final budget. The Second Reading and Adoption of Budget Ordinances is scheduled for December 3, 2018. Page 26 of 221 June July Aug/Sep/Oct Nov/Dec Department Request Budget Hearing Budget Kickoff Analysis & Meetings Budget Adoption Biennial Budget November October Assessed Valuation from Franklin County Ad Valorem Levy Hearing & General Fund Revenues October Page 27 of 221 WHY WOULD THEY WANT US BACK? •Public Safety •Quality of Life •Economic Vitality •Direct and safeguard public investment through: Capital Improvements -Strategic Planning -Economic Development •CommunityPage 28 of 221 Community Meetings Council Goals Listening Sessions WHAT GUIDES THIS PROPOSED BUDGET? Citizen Survey Social Media Page 29 of 221 KEY THEMES 01 02 03 04 05 Projected increase of 51,000 over next two decades POPULATION GROWTH Land Use, Broadmoor, Transportation, Economic Development Plans LONG RANGE PLANNING Lewis Street Overpass, Peanuts Park, Chapel Hill LID, Road 68 Improvement MAJOR CAPITAL PROJECTS Community Asset Enhancement, Local Business Expansion & Support, New Business Recruitment & Establishment ECONOMIC DEVELOPMENT Application of technology, staffing, prioritization ORGANIZATIONAL EFFICIENCYPage 30 of 221 GENERAL FUND 2016 Actual 2017 Actual 2018 Budget 2019 Budget 2020 Budget Expense 46,760,744 47,534,503 46,344,788 67,695,689 51,336,954 Revenue 44,099,783 46,640,066 46,135,218 67,953,727 51,791,208 $- $10,000,000 $20,000,000 $30,000,000 $40,000,000 $50,000,000 $60,000,000 $70,000,000 $80,000,000 Page 31 of 221 COMPONENTS OF FUND BALANCE1RESTRICTED •Claims •Bond Proceeds •Deposits •Other limitations posed by law 2 COMMITTED •Grant funding •Donations for specific purpose •Other limitations posed by Council 3 ASSIGNED •Intended use for a specific purpose 4 UNASSIGNED •Fund balance to be used for any purpose, mostly used as operational reserve Page 32 of 221 FUND BALANCE Unassigned Fund Balance accounts for 15% of operational expenses and is slightly below the recommended 16% 2020 End Fund Balance 13,800,000 Restricted 545,000 Committed 407,000 Assigned 3,900,000 Proceeds from sale of Senior Center 1,100,000 Community Center - Proceeds from banked capacity over and beyond Fire Station 800,000 Major Capital Projects 2,000,000 Unassigned Fund Balance 8,948,000Page 33 of 221 Page 34 of 221 CAPITAL IMPROVEMENT PLAN vs CAPITAL BUDGET All capital projects included in Capital Improvement Plan are not included in Capital budget •Capital Improvement Plan projects are planned projects that guide the City’s path •Capital budget projects need to be more narrow focused and highly prioritized •Unlike the CIP, ideally, all capital budget projects are fully funded Page 35 of 221 Community Center Council goal Funding Source: Approximately $1M secured, remaining unsecured - possible UTGO/LTGO bond Schedule: 2018-2021 Total Estimated Cost: $4.0MPage 36 of 221 “A” Street Sporting Complex Council goal to provide additional soccer fields Funding Source: Anticipated RCO Grant, and Park Development fund Schedule: 2018-2020 Total Estimated Cost: $1.0MPage 37 of 221 Lewis Street Overpass Construction of a new overpass over the BNSF track Funding Source: Connecting WA, Anticipated TIB, Arterial Schedule: Construction 2019-2021 Total Estimated Cost: $27.0MPage 38 of 221 Argent Road (20th Ave to Rd 36) Two Phases: Phase I -Saraceno/Varney to 20th Avenue Intersection Phase II -Road 36 to Saraceno/Varney Funding Source: Arterial Fund, partnerships with CBC & the Port of Pasco Schedule: Phase I Construction Complete: Summer 2019 Total Estimated Cost: Phase 1 -$1.8M, Phase II -$4.3MPage 39 of 221 Pavement Preservation Program Preserves and extends life of City streets Crack seal; Overlay; micro-surfacing Pavement rating system will help prioritize projects Total Estimated Cost: $3.4MPage 40 of 221 River Outfall Phase 1 Upsize sanitary sewer outfall pipe to the Columbia River Helps increase capacity at the WWTP Design: 2019; Construction: 2019-2020 Total Estimated Cost: $6.5M, revenue bondPage 41 of 221 WWTP PLC Upgrade Upgrade 1989 Era Programmable Logic & Controllers (PLC) Replace with modern technology Design: 2019; Construction: 2019 Total Estimated Cost: $855K, revenue bondPage 42 of 221 Pearl Street Lift Station (Rebuild) Rebuild existing 1950s sewer lift station Existing access hatch in sidewalk Pump station located beneath Pearl St. Design: 2017-2018; Construction: 2019-2020 Total Estimated Cost: $890K, revenue bondPage 43 of 221 Columbia East Lift Station and Forcemain Industrial Wastewater Lift Station and Dual Force Mains Directs food processor wastewater to the Process Water Reuse Facility (PWRF) Allows Removal of 1.2MGD from Municipal Wastewater Plant Funding Sources: WA State Dept. of Commerce Grant Franklin County .09 Grant Federal EDA Grant Industrial Food Processors Construction Complete: 2019 Total Estimated Cost: $7.9MPage 44 of 221 POLICY CONSIDERATIONS1PERSONNEL •New Position Accreditation Program Coordinator 2 AMBULANCE SERVICES •Monthly Fee Increase 2019 –7% 2020 –7% •Transport Fee Increase One Time -$50 increase 3 WATER •Rate increase 2019 –3%2020 –3% 2020 –3% 4 SEWER •Rate increase 2019 –4%2020 –4% 2020 –4% Page 45 of 221 POLICY CONSIDERATION1ACCREDITATION PROGRAM COORDINATOR •Restored Position •Maintaining State and National accreditations Page 46 of 221 POLICY CONSIDERATION2OPTION 1: AMBULANCE SERVICE FUND RATE INCREASE Monthly Fee Increase of: 2019 –7% 2020 –7% Current -$14.98 2019 -$16.03 2020 -$17.15 Transport Fee Increase of: $50 Residential Current -$650 2019 -$700 2020 -$700 Non Residential Current -$1050 2019 -$1100 2020 -$1100Page 47 of 221 POLICY CONSIDERATION2OPTION 2: AMBULANCE SERVICE FUND RATE INCREASE Monthly Fee Increase of with $700K of loan forgiveness: 2019 –4% 2020 –4% Current -$14.98 2019 -$15.58 2020 -$16.20 Transport Fee Increase of: $50 Residential Current -$650 2019 -$700 2020 -$700 Non Residential Current -$1050 2019 -$1100 2020 -$1100Page 48 of 221 POLICY CONSIDERATION2AMBULANCE SERVICE FUND RATE INCREASE •Debt Service to payback General Fund loan (if Council approves) •High rates of Medicare and Medicaid population •Highly regulated and specialized equipment standards •Fluctuating supplies cost –most times higher than CPI Page 49 of 221 POLICY CONSIDERATION WATER SERVICES RATE INCREASE Increase of: 2019 –3% 2020 –3% 2021 –3% 3 Page 50 of 221 POLICY CONSIDERATION WATER SERVICES RATE INCREASE •Significant maintenance and upgrade of current infrastructure needed •Avoid high rate increases when bonds are issued vs. gradual increase to accommodate needs 3 Page 51 of 221 POLICY CONSIDERATION SEWER SERVICES RATE INCREASE Increase of: 2019 –4% 2020 –4% 2021 –4% 4 Page 52 of 221 POLICY CONSIDERATION SEWER SERVICES RATE INCREASE •Significant maintenance and upgrade of current infrastructure needed •Increase in operating costs for waste water treatment facility •Issuance of revenue bonds anticipated in 2019 4 Page 53 of 221 Page 54 of 221 DEPARTMENT REPORTS Page 55 of 221 CITY COUNCIL (General Fund) 2016 Actual 2017 Actual 2018 Budget 2019 Budget 2020 Budget EXPENSE 105,774 111,918 124,511 128,823 131,717 FTE 7 7 7 7 7 - 1 2 3 4 5 6 7 8 - 20,000 40,000 60,000 80,000 100,000 120,000 140,000 Page 56 of 221 ACCOMPLISHMENTS •Developed 2019-2020 Goals •Established Inclusivity Commission and Charter •Authorized time and labor saving process enhancements •Authorized Use of Hearing Examiner for Certain Land Use Matters •Provided Mid-budget Approval of Four (4) Police Officers •Approved Funding Plan for Two (2) Fire StationsPage 57 of 221 MUNICIPAL COURT DEPARTMENT (General Fund) 2016 Actual 2017 Actual 2018 Budget 2019 Budget 2020 Budget EXPENSE 1,571,331 1,458,681 1,464,406 1,577,187 1,651,510 FTE 14.75 14.75 14.75 14.75 14.75 - 2 4 6 8 10 12 14 16 - 500,000 1,000,000 1,500,000 2,000,000 Page 58 of 221 ACCOMPLISHMENTS •Redesigned forms to reduce the congestion at the court office •Implemented a new review system for No Contact Order to encourage victims to contact local domestic violence services •Improving City’s overall appearance through graffiti abatement programPage 59 of 221 BIENNIAL GOALS •Implement credit card payment system •Investigate probation programs that are more accessible to our indigent customers •Evaluate probation caseload to identify and close low risk cases •Continue to offer services to other city departments through community services programPage 60 of 221 EXECUTIVE DEPARTMENT (General Fund) 2016 Actual 2017 Actual 2018 Budget 2019 Budget 2020 Budget EXPENSE 1,430,604 1,709,641 2,564,519 2,160,031 2,101,105 FTE 10 10 10.7 9.7 9.7 - 2 4 6 8 10 12 - 500,000 1,000,000 1,500,000 2,000,000 2,500,000 3,000,000 Page 61 of 221 NON DEPARTMENTAL& LIBRARY (General Fund) 2016 Actual 2017 Actual 2018 Budget 2019 Budget 2020 Budget EXPENSE 11,552,144 7,063,302 5,493,171 24,494,474 7,003,819 - 5,000,000 10,000,000 15,000,000 20,000,000 25,000,000 30,000,000 Page 62 of 221 ACCOMPLISHMENTS •Guided the onboarding of five new councilmembers and assisted City Council with biannual goal setting retreat in spring of 2018 •Assisted with the development and advocacy of the City Council’s legislative agenda with the Washington State Legislature •Continued to enhance City economic development efforts and opportunities •Named one of 20 All-America City finalists •Implemented on-line employment applications and tracking system Reduced work related injuries and time loss •Negotiated labor agreements with Firefighters (IAFF) and Non-Uniformed Police personnel •Received national recognition for the Alliance for Community Media “Hometown” Award for TV coverage of City CouncilPage 63 of 221 BIENNIAL GOALS •Create Employee Engagement and Professional Development Committees •Initiate 311 project •Complete pending and future labor negotiation •Implement employee portal access system •Revamp employee orientation process •Compete for All-America City award •Update City website •Implementation of new logoPage 64 of 221 ADMINISTRATIVE & COMMUNITY SERVICES (General Fund) 2016 Actual 2017 Actual 2018 Budget 2019 Budget 2020 Budget EXPENSE 8,754,257 7,370,499 7,533,004 7,947,579 8,270,235 FTE 47.50 32.50 32.50 33.00 33.00 - 5 10 15 20 25 30 35 40 45 50 - 2,000,000 4,000,000 6,000,000 8,000,000 10,000,000 Page 65 of 221 ACCOMPLISHMENTS •Implementation of Police Body Camera System •Technological transition from Franklin County 911 to SECOMM •Peanuts Park/Farmers Market & Animal Control Facility design •Completed phase I of City Hall remodel •Improved service through new program for the Softball Complex •Continue programs to conserve water usage •Started various new events •Replaced Marina Dock destroyed in 2016 •Remodeled several facilities •Implemented public record request and management systemPage 66 of 221 BIENNIAL GOALS •Create five-year IT strategic plan •Create citywide Information Services Governance Committee •Implementation of GIS AS built standards to improve asset system •Finalize design and begin construction of Peanuts Park/Farmer’s Market and Animal Control facility •Conduct needs, location, and feasibility study for Community Center •Park improvements to enhance customer experience and begin yearly survey •Training and kickoff of new Public Records Request system •Train department to utilize new Records Management SoftwarePage 67 of 221 COMMUNITY & ECONOMIC DEVELOPMENT (General Fund) 2016 Actual 2017 Actual 2018 Budget 2019 Budget 2020 Budget EXPENSE 1,464,515 1,748,052 1,728,603 1,965,296 1,913,049 FTE 15.00 16.00 16.00 16.00 16.00 - 2 4 6 8 10 12 14 16 18 - 500,000 1,000,000 1,500,000 2,000,000 2,500,000 Page 68 of 221 ACCOMPLISHMENTS •Section 108 Loan Program •Revised participation techniques in 2018 RECON (retail attraction) Program to include enhanced outreach to retailers •Continuing expansion of the Urban Growth Area •Continued public outreach, education, and community support on code enforcement, fire safety inspection, & other programs •Completed CDBG funding for Pasco Specialty Kitchen to upgrade facility appearancePage 69 of 221 BIENNIAL GOALS •Fully implement revised Development Review process •Complete Urban Area explain and Comprehensive Plan update •Finalize Master Plan and Environmental Impact Study of the Broadmoor Area •Implement Boat Basin /Marine Terminal Plan •Continue to strengthen participation techniques in International Council of Shopping Center •Develop Residential Design standards •Overhaul Economic Development website •Develop and implement Hearing Examiner SystemPage 70 of 221 POLICE DEPARTMENT (General Fund) 2016 Actual 2017 Actual 2018 Budget 2019 Budget 2020 Budget EXPENSE 14,463,698 16,488,563 16,544,348 17,474,514 18,049,670 FTE 87 88 87 92 92 - 10 20 30 40 50 60 70 80 90 100 - 5,000,000 10,000,000 15,000,000 20,000,000 Page 71 of 221 ACCOMPLISHMENTS •Hot Spotters Program –Lourdes Partnership •Prepare for CALEA Accreditation •Body Worn Camera Program •Community Outreach •Completed the long awaited merger of dispatch centers from Franklin County to SECOMM •Awarded COPS hiring grant for four officers to focus on homeless individuals •Acquired one-time WASPC WAGang grant •Increased canine unit by 50% utilizing drug forfeiture funds •Completed formal agreement with the Pasco Airport Police to provide records and back-up patrol servicesPage 72 of 221 BIENNIAL GOALS •Complete initial national accreditation through CALEA •Implementation of OverDose “OD” Mapping •Implement Homeless Liaison Officer (HLO) program •Complete the embedding of Mental Health Professionals into the Department •Complete table top exercise to develop and deliver Mass Causality Response Training to Lourdes Health employees •Create a partnership to enhance offender accountability with Department of Corrections •Complete survey of homeless population in conjunction with Catholic Family Services Page 73 of 221 FIRE DEPARTMENT (General Fund) 2016 Actual 2017 Actual 2018 Budget 2019 Budget 2020 Budget EXPENSE 5,619,295 7,660,554 6,859,386 7,583,091 7,683,249 FTE 35.2 35.7 39.5 39.5 39.5 - 5 10 15 20 25 30 35 40 45 - 2,000,000 4,000,000 6,000,000 8,000,000 10,000,000 Page 74 of 221 AMBULANCE FUND 2016 Actual 2017 Actual 2018 Budget 2019 Budget 2020 Budget EXPENSE 5,595,599 6,585,984 8,043,496 9,165,313 8,282,232 REVENUE 5,112,040 6,870,810 7,988,028 9,130,673 7,784,546 FTE 31.0 36.5 39.5 39.5 39.5 - 5 10 15 20 25 30 35 40 $- $2,000,000 $4,000,000 $6,000,000 $8,000,000 $10,000,000 Page 75 of 221 ACCOMPLISHMENTS •Completed SECOMM merger and consolidation of dispatch centers •Completed efforts and programs to upgrade to a Class 3 Washington State Raters Bureau rating •Completed pre-design of Fire Stations 83 and 84 •Completed comprehensive school site safety and security survey Page 76 of 221 BIENNIAL GOALS •Complete design and substantial construction for the relocation of Fire Stations 83 and 84 •Identify/secure land use options for additional Fire Stations 85 & 86 •Identify/secure alternative programmatic funding streams to meet the expanding needs of the community •Further fiscal stewardship efforts through the leveraging of regionalizationPage 77 of 221 FINANCE DEPARTMENT (General Fund) 2016 Actual 2017 Actual 2018 Budget 2019 Budget 2020 Budget EXPENSE 2,196,310 2,231,311 2,503,769 2,602,104 FTE 16.00 16.80 17.80 17.80 - 2 4 6 8 10 12 14 16 18 20 - 500,000 1,000,000 1,500,000 2,000,000 2,500,000 3,000,000 Page 78 of 221 ACCOMPLISHMENTS •Implemented City’s first biennial budget •Reinstated City’s banked property tax levy capacity •Completed implementation of City’s Business Licensing program to State’s Business Licensing Service program •Completed implementation of new animal licensing process •Received certified cost per ambulance transport fee for GEMT reimbursement •Continue to lead City’s Fleet Committee to identify correct fleet size, procurement process, and yearly investment for the City •Mapped City’s residential and business water meters using GISPage 79 of 221 BIENNIAL GOALS •Establish robust procurement system •Review all rates and fees for sustainability and cost recovery •Assist with issuance of revenue, LID, and general bonds •Assist with mitigation and impact fee financial studies •Create comprehensive Finance and Operations Manual •Create robust interdepartmental work order process •Address issues with aging Utility Billing Software •Submit a plan to Council for a possible rate reduction for low- income long-term disabled citizensPage 80 of 221 PUBLIC WORKS (General Fund) 2016 Actual 2017 Actual 2018 Budget 2019 Budget 2020 Budget EXPENSE 1,799,126 1,726,983 1,801,529 1,860,925 1,930,496 FTE 16.65 16.65 16.65 16.65 16.65 - 2 4 6 8 10 12 14 16 18 - 500,000 1,000,000 1,500,000 2,000,000 2,500,000 Page 81 of 221 UTILITY FUND –OPERATIONAL COST 2016 Actual 2017 Actual 2018 Budget 2019 Budget 2020 Budget EXPENSES 26,964,569 21,849,845 24,478,188 27,996,893 25,405,985 REVENUE 23,759,675 26,099,289 28,119,735 30,530,551 28,880,751 FTE 57.7 57.7 58.7 59.7 59.7 - 20 40 60 80 100 $- $5,000,000 $10,000,000 $15,000,000 $20,000,000 $25,000,000 $30,000,000 $35,000,000 $40,000,000 Page 82 of 221 UTILITY FUND –CAPITAL COST 2016 Actual 2017 Actual 2018 Budget 2019 Budget 2020 Budget EXPENSES 8,277,511 10,205,709 11,515,125 31,304,700 11,150,000 REVENUE 5,967,863 17,965,285 4,243,000 25,622,662 11,314,827 $- $5,000,000 $10,000,000 $15,000,000 $20,000,000 $25,000,000 $30,000,000 $35,000,000 $40,000,000 Page 83 of 221 ACCOMPLISHMENTS ENGINEERING •Process Water Reuse Facility Plan and Engineering Report •Lewis Street Overpass FINAL Design & Preparation of Bid Package (60%) •Private Development Review Team (DRT) Process •Comprehensive Water System Plan •Chapel Hill Blvd LID Project Design •Harris Road Sewer Transmission Main Project Design •Citywide Signal Improvements –Phase 2 Project Design •Argent Road Improvements –Phase 1 Project Design •Columbia East Lift Station and Force Main ProjectPage 84 of 221 ACCOMPLISHMENTS MAJOR COMPLETED PROJECTS •Oregon Avenue Widening Project (70%) •Columbia Water Intake Project •Butterfield WTP PLC & Control Upgrade Project Page 85 of 221 ACCOMPLISHMENTS OPERATIONS •Reorganization -providing more effective and efficient services •1st Place in the American Water Works Association (Central Washington) -Best Tasting Water •Advanced goal to CCTV 100% of the City’s sewer infrastructure •Zero claims -sewer backups •Completed implementation of Work Order module in CartegraphPage 86 of 221 ACCOMPLISHMENTS OPERATIONS (continued) •Completed Irrigation System Capacity Study •27%+ Reduction in number of (response needed) service calls •Redesigned maintenance program -focus on Stormwater discharges to Columbia River •Developed a Stormwater Utility Education and Outreach Program •13.5% Increase in treated industrial waste volume at PWRF through facility improvementsPage 87 of 221 BIENNIAL GOALS ENGINEERING •Continue to Streamline Private Development Review Process •Complete Lewis Street Overpass Project Design -“shovel-ready” status •Continue Projects that Improve Safety and Reduce Congestion on Road 68/I-182/Burden Blvd corridorPage 88 of 221 BIENNIAL GOALS ENGINEERING (continued) •Continue Collaboration with Ben-Franklin Transit (BFT) to Enhance Mobility •Comprehensive Transportation Plan •Engineering Support for Utilities & Transportation Improvements -Broadmoor Master Plan and Environmental Impact Statement (EIS) •Complete Design and Construction Projects -Council- adopted 2019-2026 Capital Improvement Plan (CIP)Page 89 of 221 BIENNIAL GOALS OPERATIONS •Continue efforts to complete an additional 22% of the Unidirectional Flushing •Continue analysis and installation of electronic read meters •Continue working with the Department of Health on their water plants optimization program •Meet Fire Hydrant Maintenance goal of every hydrant maintained once per year •Inspect remaining City manholes so 100% are documented as assets in Cartegraph •Develop a work order system based on Cartegraph’s Overall Condition Rating for the sewer systemPage 90 of 221 BIENNIAL GOALS OPERATIONS (continued) •Achieve over 95% system reliability for irrigation service •Improve isolation of irrigation water leak •Annual completion of 100% CCTV of the City’s Stormwater infrastructure in Basins Four and Five •Complete pump and force main reconfiguration at Foster Wells Lift station to provide more reliability and redundancy •Maintain functionality of PWRF while engineered improvements are being builtPage 91 of 221 WHEREAS, subsequent to due notice and public hearing thereon, the City Council of the City of Pasco has approved an operating budget for the 2019-2020 biennium; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section One.The following budget containing the totals set forth for each fund for the 2019-2020 biennium is hereby adopted. EXPENDITURE REVENUE 010 GENERAL FUND 133,035,364$ 133,035,364$ 110 CITY STREET FUND 5,453,398 5,453,398 120 ARTERIAL STREET FUND 2,662,427 2,662,427 125 I-182 CORRIDOR TRAFFIC IMPACT FUND 1,572,380 1,572,380 130 STREET OVERLAY FUND 6,444,149 6,444,149 14X COMMUNITY DEVELOPMENT GRANT FUND 1,806,424 1,806,424 145 M.L. KING JR. COMMUNITY CENTER FUND 372,355 372,355 150 AMBULANCE SERVICES FUND 18,143,769 18,143,769 160 CITY VIEW CEMETERY FUND 558,211 558,211 161 BOULEVARD PERPETUAL MAINTENANCE FUND 2,674,483 2,674,483 165 ATHLETIC PROGRAM FUND 559,373 559,373 166 GOLF COURSE 3,745,000 3,745,000 170 SENIOR CENTER OPERATING FUND 609,642 609,642 180 MULTI-MODAL FACILITY FUND 723,913 723,913 182 SCHOOL IMPACT FEES 5,000,000 5,000,000 185 RIVERSHORE TRAIL & MARINA MAINTENANCE FUND 121,684 121,684 188 SPECIAL LODGING ASSESSMENT FUND 650,500 650,500 189 LITTER ABATEMENT FUND 54,718 54,718 190 REVOLVING ABATEMENT FUND 700,473 700,473 191 TRAC DEVELOPMENT & OPERATING FUND 1,021,228 1,021,228 192 PARK DEVELOPMENT FUND 3,224,228 3,224,228 193 CAPITAL IMPROVEMENTS FUND REET 1ST QTR 10,702,960 10,702,960 194 ECONOMIC & INDUSTRIAL DEVELOPMENT FUND 4,221,522 4,221,522 195 STADIUM / CONVENTION CENTER FUND 2,833,854 2,833,854 196 HOTEL/MOTEL EXCISE TAX 1,251,000 1,251,000 24X LID DEBT SERVICE FUND 1,283,334 1,283,334 367 GENERAL CAPITAL PROJECTS 73,608,744 73,608,744 4XX WATER / SEWER UTILITY FUND 119,086,366 119,086,366 510 EQUIPMENT RENTAL OPERATIONS FUND - GOVERNMENT TYPE 3,485,118 3,485,118 511 EQUIPMENT RENTAL OPERATIONS FUND - PROPRIETARY TYPE 391,238 391,238 515 EQUIPMENT RENTAL REPLACEMENT FUND - GOVERNMENT TYPE 14,920,237 14,920,237 516 EQUIPMENT RENTAL REPLACEMENT FUND - PROPRIETARY TYPE 6,279,051 6,279,051 52X MEDICAL/DENTAL INSURANCE FUND 17,043,640 17,043,640 530 CENTRAL STORES FUND 13,190 13,190 605 CITY VIEW CEMETERY ENDOWMENT 595,348 595,348 610 OLD FIREMEN'S PENSION TRUST FUND 3,004,014 3,004,014 619 OLD FIRE MEDICAL (OPEB) 3,021,441 3,021,441 GRAND TOTAL ALL FUNDS 450,874,776$ 450,874,776$ Section Two:This Ordinance shall be in full force and effect on January 1, 2019. PASSED by the City Council of the City of Pasco this 3rd day of December, 2018. Matt Watkins, Mayor ATTEST: Approved as to Form: Daniela Erickson, City Clerk Leland B. Kerr, City Attorney FUND AN ORDINANCE ADOPTING THE CITY OF PASCO OPERATING BUDGET FOR THE 2019-2020 BIENNIUM ORDINANCE NO. Page 92 of 221 AN ORDINANCE ADOPTING THE CITY OF PASCO CAPITAL PROJECTS BUDGET FOR THE 2019-2020 BIENNIUM WHEREAS, subsequent to due notice and public hearing thereon, the City Council for the City of Pasco has approved the following Capital Project Budget for the 2019-2020 biennium; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO DOES ORDAIN AS FOLLOWS: Section One: That the capital projects are hereby authorized as detailed. The following schedule summarizes newly authorized projects as well as continuing projects and constitutes the Capital Projects Budget. CAPITAL PROJECTS BUDGET FOR 2019-2020 2019-2020 Budget General Animal Control Shelter 4,344,000 Downtown Police Substation & Services Facility 50,000 City Hall Remodel Phase II 1,667,544 Wayfinding & Signage 415,000 Community Center 3,150,000 Gesa Stadium 2,000,000 Fire Station 83 Replacement 5,919,845 Fire Station 84 Replacement 12,630,155 Fire Station 81 Remodel 355,000 Fire Station 85 Land Purchase 250,000 Total General 30,781,544 Parks & Recreation Peanuts Park Restoration 5,225,000 Schlagel Park Improvements 720,000 Chapel Hill Park 420,000 Highland Park Restroom/Concession/Storage Building 200,000 Dog Park 200,000 Road 84 Park 800,000 Road 54 Park Improvement Erwen Property 20,000 A Street Sporting Complex 1,040,000 Pasco Sporting Complex Update Phase II 100,000 Memorial Pool Upgrades 500,000 Kurtzman Shelter 60,000 Parks & Facilities Sign Replacement 35,000 Sacajawea Heritage Trail- Levee Lowering 100,000 Sacajawea Heritage Trail - BNSF Tunnel Passage 1,650,000 Total Park & Facilities 11,070,000 Transportation Chapel Hill Blvd Extension - LID 150 9,183,000 Argent Road (20th Ave to Rd 44)3,255,200 Lewis Street Overpass 16,447,000 James Street Improvements 1,569,000 Road 68 Interchange Improvements 548,000 Crescent Road (Rd 108 to Chapel Hill Blvd)200,000 Sandifur Parkway Widening (Rd 52 to 60)250,000 Wrigley Drive Extension 354,000 20th Avenue Court Street to Interstate 182 Overlay 440,000 Pavement Preservation Program 555,000 City Wide Traffic Signal Improvement Phase II 3,000,000 Road 76 Overpass 50,000 Total Transportation 35,851,200 Water Annual Water System Improvements - Development 200,000 Annual Water Upsize - Development 200,000 Chapel Hill Boulevard Water Main Upsize 920,000 West Pasco (WTP) Plant Improvements 1,656,000 Butterfield (WTP) - Chlorine Safety 325,000 Water Main Replacement - Star Lane (Rd 100 to Rd 97) 218,000 Water Main Replacement - South 18th Ave (Court St to WA Ave)73,000 Water Main Replacement - Alley East of Wehe Ave 140,000 Total Water 3,732,000 ORDINANCE NO. ___________ Page 93 of 221 Irrigation Chapel Hill Boulevard (Road 84 to Road 68) 220,000 Chapel Hill Boulevard to Interstate 182 - Irrigation Main 100,000 Chapel Hill Boulevard Pressure Reducing Valve (PRV)90,000 Irrigation Main Extension - Wrigley Drive 213,000 Total Irrigation 623,000 Sewer Annual Sewer System Improvements - Development 200,000 Annual Sewer Upsize - Development 200,000 Wastewater Treatment Plant (PLC)s and Controls Upgrade 855,000 River Outfall Phase I 6,464,000 Harris Road Sewer Transmission Main 2,500,000 9th & Washington Lift Station 731,000 Pearl Street Lift Station 890,000 Road 36 Lift Station Upgrades 281,000 Maitland Lift Station - Purchase/ Install 4th Pump 132,000 Broadmoor Area Lift Station 3,500,000 Road 52 & Pearl Street Lift Station 270,000 Total Sewer 16,023,000 Stormwater Annual Stormwater Improvements - Development 200,000 Capital Stormwater Participation Program 200,000 Total Stormwater 400,000 Process Water Reuse Facility Columbia East Force Main & Lift Station 7,870,000 PWRF Solids Handling Improvements 300,000 PWRF Irrigation Pump Station (IPS) Improvements 4,271,000 Foster Wells Automatic Transfer Switch Replacement 150,000 PWRF Primary Treatment Improvement 7,359,000 Total PWRF 19,950,000 TOTAL CIP BUDGET 118,430,744 Section Two: This Ordinance is approved at the program level as shown below and shall be in full force and effect on January 1, 2019. 2019 Program Budget General 30,781,544 Park & Facilities 11,070,000 Transportation 35,851,200 Water 3,732,000 Irrigation 623,000 Sewer 16,023,000 Stormwater 400,000 PWRF 19,950,000 TOTAL CIP BUDGET 118,430,744 PASSED by the City Council of the City of Pasco this 3rd day of December, 2018. __________________________________ Matt Watkins, Mayor ATTEST: Approved as to Form: ____________________________________________________________________ Daniela Erickson, City Clerk Leland B. Kerr, City Attorney Page 94 of 221 AGENDA REPORT FOR: City Council November 16, 2018 TO: Dave Zabell, City Manager Rick White, Director Community & Economic Development Regular Meeting: 11/19/18 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 Proposed Resolution II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to close the hearing and adopt Resolution _____, granting a special permit for the expansion of a mini storage facility in a C -1 Zoning District at 1420 Road 68. 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 conditions. The applicant appealed the Planning Commission recommendation. Council has continued this item several times, most recently until the November 19, 2018 Council Meeting. The applicant and legal counsel had requested additional time to refine the proposed Resolution conditions. V. DISCUSSION: Page 95 of 221 The applicant and the City have agreed upon approval conditions that will amend the prior approval conditions recommended by Planning Commission. The following are the changes that have been made to the original approval conditions: • Reduced 8-foot block wall to 6 feet in height and added a cost-sharing option for a cyclone fence along the west property line; • Refined the required frontage improvements; • Refined the verbiage of the requirement of a site triangle at the intersection; • Specified the maximum amount of right-of-way the owner/applicant will be required to dedicate for a future roundabout and specified the rights o f the City and owner/applicant for the use of said right-of-way; • Added a condition regarding the relocation of overhead utility lines underground. The Resolution states that a maximum of 3,825 square feet is required to be dedicated for a future roundabout; however, the attached "Exhibit A" contains a map and legal description depicting 3,844 square feet of proposed right-of-way dedication - a difference of 19 square feet. An updated map and legal description will be prepared with the correct square footage of 3,825 square feet and distributed at the November 19 Council meeting Staff recommends Council conduct the continued closed record hearing and adopt the amended Resolution. Page 96 of 221 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 97 of 221 … RESOLUTION NO._______ A RESOLUTION GRANTING A SPECIAL PERMIT FOR THE EXPANSION OF A MINI STORAGE FACILITY IN A C-1 ZONING DISTRICT AT 1420 ROAD 68. WHEREAS, Melina Puckett (Successor Trustee) submitted an application for the expansion of the Mor-Stor mini storage facility at 1420 Road 68 (Tax Parcel #119 701 412 and #119 701 421); and WHEREAS, the Planning Commission held a public hearing on May 17, 2018 to review a Special Permit for the proposed expansion of the mini storage facility in a C-1 zone; and, WHEREAS, following deliberations on June 21, 2018 the Planning Commission recommended approval of a Special Permit for the expansion of the mini storage facility in a C-1 zone with certain conditions; WHEREAS, the applicant appealed the Planning Commission recommendation to approve the special permit with the conditions listed, and the Council scheduled a Closed Record Hearing to consider the appeal at the August 20, 2018 Council meeting; WHEREAS, Staff and legal counsel negotiated an agreement for resolution of the appeal; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: 1. That a Special Permit is hereby granted to Melina Puckett (Successor Trustee) for the expansion of a mini storage facility in a C-1 zoning district under Master File # SP 2018-005 with the following conditions: a. The Special Permit shall apply to Tax Parcels 119701412 and 119701421; b. The applicant may choose one of the following design options for development of the site: i. Transparent security fencing option: Fencing must consist of 6-foot maximum height architectural block pillars spaced on 10-foot centers with tubular metal/wrought iron between the pillars. All buildings must be sided with stucco or architectural block. All doors must be painted to complement the stucco or architectural block. The driveways and isle-ways around the buildings must be hard-surfaced. The west 10 feet of the site must be landscaped with trees and shrubs at a rate of one tree for every 20 linear feet and one shrub for every 8 linear feet; ii. Solid architectural block wall option: If the site contains a 6 foot architectural block wall or a 6 foot wall consisting of architectural block and stucco on the north and east, the buildings may be constructed of painted metal siding. The wall shall be raised 1 foot through site grading. No interior site pavement will be required except for the driveway entrance and no interior landscaping will be required. The landscaping requirement for the area along the west property line will be waived. A cyclone fence along the west property line must be installed but may be deferred until the property to the west (Parcel #119701029) is developed; at that time, a cost-sharing Page 98 of 221 agreement may be made between the applicant/owner and the owner of the western property to construct said cyclone fence; iii. Stucco or architectural block building walls in lieu of an architectural block security wall: The building walls may back to Road 68, Court Street and the west property line and be used as site security, provided each of the building walls contain at least three architectural features and are constructed of architectural block and/or stucco. No interior paving other than at the driveway entrance will be required and no interior landscaping will be required. The landscaping requirement for the area along the west property line will be waived.; c. The area between the architectural block fence and/or wall of the buildings and the sidewalk must be landscaped with 60 percent live vegetation at the time of planting. Street trees as included on the City’s approved street tree list must be planted at 30 foot intervals along Court Street and Road 68; d. No equipment or other materials shall be stored outside of the buildings; e. Street lights shall be installed along the frontages of Court Street and Road 68 per City and PUD standards; f. Road 68 shall be improved along the frontage of Tax Parcel 119701412 to bring the west half of the roadway into compliance with the City of Pasco Local Access Street standard. Required improvements include street paving and widening and appropriate storm swales and drainage, as well as an asphalt pedestrian path adjacent to said street widening; g. All frontage improvements along Road 68 and Court Street must be made prior to C/O being issued for any structure permitted in conjunction of this special use permit. Any existing improvements found to be sub-standard shall be removed and replaced; h. The driveway drops along Court Street must be removed and replaced per the standard city sidewalk section; i. A sight triangle, as determined by the City Engineer, must be applied to any structure—including any block walls—at the intersection of Road 68 and Court Street; j. All fire hydrant lines shall be public infrastructure and maintained by the City of Pasco. Said fire lines on private property shall be built to current City standards, centered in a 20’ easement free of other utilities or structures, and are required to be looped in a manner approved by the City Engineer. Access for maintenance/emergency repairs shall be provided to the Public Works Department at all times; k. Fire hydrant spacing in the right-of-way shall comply with the commercial standard and be spaced at no more than 300’ intervals; l. Night lighting including parking lot lighting must be shielded to prevent light encroachment on adjoining properties; m. The Owner shall dedicate no more than 3,825 square feet of property legally described and graphically shown on attached Exhibit A for a future roundabout at the intersection of Road 68 and Court Street. The applicant agrees to dedicate the property within 30 days of issuance of a certificate of occupancy for the completed project consistent with the Approval Conditions. Conveyance documents for the Page 99 of 221 dedication shall be prepared by the City and reviewed and reasonably approved by the Owner and its legal counsel. All existing improvements shall remain and be maintained by the City in the dedicated portion of the right of way. However, the City agrees to allow the Owner/Applicant the right to landscape any unused portion of the newly dedicated right of way (the portion on which road, sidewalk or above ground utility installations are not located) in accordance with a right of way use agreement prepared by the City and reviewed and reasonably approved by Applicant and its legal counsel; n. All overhead utility lines adjacent W Court Street must be relocated underground. o. The special permit shall be null and void if a building permit is not obtained by December 31, 2020. 2. Passed by the City Council of the City of Pasco this 19th day of November, 2018. _______________________________ Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: ________________________________ _____________________________ Daniela Erickson, City Clerk Leland B. Kerr, City Attorney Page 100 of 221 Exhibit APage 101 of 221 Page 102 of 221 Page 103 of 221 AGENDA REPORT FOR: City Council November 15, 2018 TO: Dave Zabell, City Manager Rick White, Director Community & Economic Development Regular Meeting: 11/19/18 FROM: Jeff Adams, Associate Planner Community & Economic Development SUBJECT: Preliminary Plat: Serrano Heights (MF# PP 2018-007) I. REFERENCE(S): Proposed Resolution Overview Map Vicinity Map Preliminary Plat Report to the Planning Commission Dated: 7/19/2018, 8/16/2018 and 9/20/2018 Planning Commission Minutes Dated: 7/19/2018, 8/16/2018 and 9/20/2018 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. _____, approving the Preliminary Plat for Serrano Heights III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: The Planning Commission conducted a public hearing on July 19, which was reopened on August 16, and then continued to September 20, 2018 to develop a recommendation for the City Council on the preliminary plat for Serrano Heights. The proposed plat is located between Road 68 to the east and proposed Elementary School #16 and Riverhawk Pointe II to the west. Following the hearing, the Planning Commission determined that with conditions, the preliminary plat should be recommended for approval. The recommended conditions are contained in the attached resolution. Page 104 of 221 No written appeal of the Planning Commission's recommendation has been received. This item went before City Council on both October 1st and November 5th, 2018, but was continued at the request of the applicant at each meeting. V. DISCUSSION: The proposed plat contains approximately 38.1 acres that will be divided into 109 lots. The lots range in size from 7,306 square feet to 25,977 square feet in size. The average lot size for the plat will be 9,810 square feet. If approved, the developer will be responsible for sharing in the construction of Chapel Hill Boulevard to the north along with improvements for Road 76. Road 76 will become a collector arterial street that will connect south of the irrigation canal to Argent Road, and the developer will be responsible for developing a portion of the canal crossing for Road 76. A Local Improvement District (LID) has been formed for the construction of Chapel Hill Boulevard. Page 105 of 221 RESOLUTION NO.______ A RESOLUTION APPROVING A PRELIMINARY PLAT FOR SERRANO HEIGHTS. WHEREAS, RCW 58.17 enables the City to uniformly administer the process of subdividing property for the overall welfare of the community; and, WHEREAS, owners and developers of property situated on Lot 4 of Record Survey 1847849 in Section 16, Township 9 North, Range 29 East, WM., have requested approval of a preliminary plat; and, WHEREAS, the Planning Commission held a public hearing on the proposed Serrano Heights plat and developed findings related thereto and said findings are hereby adopted by the City Council; and, WHEREAS, following a public hearing, the Planning Commission found the proposed plat promoted the general welfare of the community and recommended said preliminary plat be approved with conditions; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: That the preliminary plat for Serrano Heights located on Lot 4 of Record Survey 1847849 in Section 16, Township 9 North, Range 29 East, WM., is hereby approved with the following conditions: 1. No utility vaults, pedestals, or other obstructions will be allowed at street intersections. 2. All corner lots and other lots that present difficulties for the placement of yard fencing shall be identified in the notes on the face of the final plat(s). 3. The developer shall install common "Estate" type fence/wall six-feet in height along Chapel Hill Boulevard and Road 76 as a part of the infrastructure improvements associated with the plat. The fence/wall must be constructed of masonry block. A fencing detail must be included on the subdivision construction drawings. An approved vision triangle at the intersection of streets will be required. Following construction of the masonry fence/wall the City may make repairs or replace the fencing as needed. Property owners adjoining said fence shall be responsible for payment of all costs associated with maintenance and upkeep of the fence/wall. These fencing requirements shall be noted clearly on the face of the final plat(s). A concrete mow strip shall be installed under any common fence as directed by the City Parks Division and shall be approved by the Parks Department prior to installation. Alternative designs may be considered and accepted by the Director of Community & Economic Development. 4. Excess right-of-way along Road 76 and Chapel Hill Boulevard must be landscaped. Said landscaping shall include irrigation, turf, and trees. Trees shall be planted at 50 foot intervals. The species of the trees will be determined by the Parks Department. All landscaping and irrigation plans shall be reviewed and approved by the Parks Department prior to installation. Water usage for City right-of-way landscaping shall come from a source approved by the City of Pasco with the connection and meter fees paid for by the developer. Page 106 of 221 5. The sidewalks on Road 76 and Chapel Hill Boulevard shall be offset to accommodate the planting strip required in Number 4 above. 6. The permittee shall pay the City a "common area maintenance fee" of $475 per lot upon issuance of building permits for homes. These funds shall be placed in a fund and used to finance the maintenance of arterial boulevard strips. The City will accept maintenance responsibility for the landscaping abutting said streets as each phase of the preliminary plat receives final plat approval. 7. Lots abutting Road 76 and Chapel Hill Boulevard shall not have direct access to said streets. Access shall be prohibited by means of deed restrictions and/or statements on the face of the final plat(s). 8. The final plat(s) shall contain a 10-foot utility easement parallel to all streets unless otherwise required by the Franklin County PUD. 9. The owner/developer is responsible for one quarter of the cost of installing the Road 76 canal crossing, but based upon the need to connect to Argent Road, may be required to build the crossing at the time of the development with the expectation of reimbursement through a future latecomer’s agreement. This contribution shall be in the form a cash deposit to the City in an amount determined by the City Engineer to ensure the completion of the canal crossing. Said deposit must be accompanied by a signed development agreement ensuring the developer's full proportionate share of the crossing is covered in the event the initial deposit falls short of the final construction costs. The owner/ developer must sign a non-protest agreement to the formation of an LID to cover the cost of the share of the canal crossing. Said non-protest agreement may also include the development's share of the required Road 76 improvements. The non-protest agreement shall be recorded, run with the property and be binding upon successors in the property ownership and must be executed within 10 days of Preliminary Plat approval by City Council. The formation and approval of an LID or the construction of or bonding for these improvements shall be deemed sufficient for the fulfilment of this condition. 10. The owner/developer must sign a non-protest agreement to the formation of an LID for the construction of Chapel Hill Boulevard and/or Road 76. The non-protest agreement shall be recorded, run with the property and be binding upon successors in the property ownership and must be executed within 10 days of Preliminary Plat approval by City Council. The formation, approval of and participation in an LID for these improvements shall be deemed sufficient for the fulfilment of the Chapel Hill Boulevard portion of this condition 11. The developer shall prepare a traffic study in accordance with standard practices—the scope and results of which must be approved by the City. The study must consider impacts both with and without a Chapel Hill Boulevard connection to Road 68, and with and without a Valley view connection to Road 68. The cumulative impacts of the proposed subdivision must be considered on the capacity of the intersections of Road 76 and Argent Road, Massey Drive and Road 68, Chapel Hill Boulevard and Road 68, and Road 68 and Argent at minimum. The Traffic study must recommend necessary improvements to address capacity issues and the efficient diffusion of traffic through the neighborhood. These recommendations may include participation in the installation of a traffic signal at Argent/Road 76; construction of a roundabout at Road 76 and Chapel Hill, construction of a canal crossing as identified in condition #9 above, and any other mitigation efforts outlined by the results of said traffic study. The results and recommendations of the traffic study—once approved by the City— Page 107 of 221 shall become conditions upon the preliminary plat and must be implemented prior to final plat approval. The formation, approval of and participation in an LID for Chapel Hill Boulevard shall be deemed sufficient for the fulfilment of this condition. 12. The developer shall provide the necessary right-of-way at the southeast corner of Road 76 and Chapel Hill Boulevard for a roundabout at said intersection. 13. The final plat(s) shall contain the following Franklin County Public Utility District statement: "The individual or company making improvements on a lot or lots of this Plat is responsible for providing and installing all trench, conduit, primary vaults, secondary junction boxes, and backfill for the PUD's primary and secondary distribution system in accordance with PUD specifications; said individual or company will make full advance payment of line extension fees and will provide all necessary utility easements prior to PUD construction and/or connection of any electrical service to or within the plat." Passed by the City Council of the City of Pasco this ______ day of November, 2018. __________________________ Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: _________________________ _____________________________ Daniela Erickson, City Clerk Leland B. Kerr, City Attorney Page 108 of 221 OverviewMapItem: Serrano Heights Preliminary PlatApplicant: RP DevelopmentFile #: PP 2018-007SITE0 500 1000 1500 2000FeetPage 109 of 221 VicinityMapItem: Serrano Heights Preliminary PlatApplicant: RP DevelopmentFile #: PP 2018-007SITE0 300 600 900 1200FeetPage 110 of 221 318,671 SF488,954 SF399,062 SF388,979 SF378,976 SF368,976 SF358,792 SF348,976 SF339,551 SF328,976 SF3010,144 SF4211,567 SF448,954 SF458,954 SF468,954 SF478,954 SF499,895 SF518,503 SF6411,146 SF5711,406 SF568,503 SF558,503 SF548,543 SF538,503 SF528,503 SF5011,186 SF5811,158 SF599,568 SF609,592 SF619,718 SF629,592 SF1920,570 SF189,728 SF1710,278 SF1611,869 SF1512,852 SF1413,562 SF139,346 SF,9999979 SSSSSSSSF4113,856 SF66SF4011,295 SF439,455 SF639,546 SF238,580 SF248,580 SF258,580 SF268,580 SF278,580 SF2011,280 SF288,580 SF218,580 SF2911,405 SF228,580 SF8555558L=44.4'L=2 4.9'73.0'110.0'55.8'L=37.5'13.8'L=34.4'19.5'78.0'78.0'110.0'78.0'78.0'110.0'78.0'78.0'110.0'78.0'78.0'110.0'78.0'78.0'110.0'78.0'78.0'110.0'78.0'78.0'110.0'78.0'78.0'110.0'17.5'119.8'127.5'L=61.0'136.9'60.2'69.0'83.7'L=91.0'120.0'L=30.6'40.0'L=31.4'58.0'L=29.4'97.6'L=45.0'L=19.9 'L=52.6'133.4'88.7'L =5 6 .8'134.4'L=48.1'163.5'L=51.6'L=41.8'L=141.2'91.6'L=51.4'91.6'L=115.4'110.0'L=9.5'L=1 4 .2'57.1'L=39.0'L=6.0'98.3'19.4'59.4'110.0'8.6'L=22.7'110.0'86.4'38.9'48.3'110.0'87.2'29.0'58.2'110.0'88.3'19.1'69.3'110.0'87.2'8.0'77.7'1.5'75.8'11.2'110.0'87.0'66.1'36.2'26.6'L=103.0'L=28 .5 'L=43.1'9.7'110.0'70.1'L=45.5'L=36.0'L=103.0'110.0'77.3'110.0'77.3'110.0'77.7'110.0'77.3'110.0'77.3'110.0'77.3'98.8'L=2 8.1'15.6'L=25.0'25.0'110.0'37.6'L=16.7'16.1'L=27.5'95.8'63.9'24.8'4.8'74.1'7.3'110.0'81.4'74.3'7.1'110.0'81.4'79.7'1.7'110.0'81.4'79.9'1.5'110.0'81.4'78.4'3.0'110.0'81.4'110.4'81.4'78.6'11.9'69.7'57.0'130.1'L=45.7'33.2'L=109.0'L=27.5'L=55.1'24.6'3.4'25.6'90.0'90.0'L=7.8 '118.3'L=23.5'58.0'L=31.4 '110.0'35.3'L=97.4'110.0'81.6'110.0'81.6'110.0'81.6'110.0'79.9'110.0'81.6'110.0'86.8'110.0'81.6'110.0'78.8'82.1'L=12.0'L=3 6.8'3.4'L=56.3'8.4'898,264 SF908,015 SF9417,038 SF76.3'919,479 SF9210,542 SF939,644 SF869,748 SF878,231 SF979,612 SF10813,829 SF10713,304 SF10610,968 SF1059,603 SF1048,595 SF1038,154 SF10210,014 SF10111,390 SF10011,174 SF9910,243 SF9810,145 SF9513,632 SF968,833 SF668,888 SF788,504 SF718,888 SF708,888 SF698,888 SF688,888 SF678,888 SF658,888 SF728,504 SF738,504 SF748,504 SF758,504 SF768,504 SF778,504 SF110.0'110.0'110.0'110.0'110.0'110.0'110.0'110.0'8310,691 SF799,580 SF808,543 SF819,392 SF827,306 SF859,940 SF848,621 SF107.1'103.7'.28,691 SF33.3'79.0'79.0' 38.7'L=45.3'L=88.8'110.0'L=69.2'L=35.4'38.7' 79.0' 79.0'128,691 SF118,691 SF108,691 SF98,691 SF88,691 SF78,691 SF68,691 SF58,691 SF48,691 SF38,691 SF18,691 SF33.3'L=49 .8'L=86.2'L=86.2'L=86.2'L=86.2'L=86.2'L=86.2'L=48.6'18.6'L6'6'=3233.9'9970.4'L27.4'15.8'LL==2L=40.5'L=71.8'L=71.8'L=71.8'L=71.8'L=711.88'L=71.8'L=41.5'110.0'110.0'LL==5599..55 ''110.0'110.0'110.0'110.0'110.0'110.0'110.0'110.0'110.0'110.0'110.0'110.0'110.0'110.0'110.0'110.0'110.0'110.0'110.0'110.0'10925,977 SF2.1'22222222222340.6'58.7'L=54.9'50.7'7550555550500000000050000000000500366.1'3333333331'''1140.5'L=2 922 .9'9970.2'L=32.9'59.3'91.3'L=30.1'L=16.8LL'88LLL116.6'L=50.1'141.7'45.8'92.5'104.2'L=35 .7 '115.4'L=36.2'107.1'7.1'7.1'114.2'116.8'L=35.3'79.7'5.3'.364.4'L=44.3'108.4'L=32.9'33.0'''L=16.8 'L88=88 33.5'L=3 7 .9 'L=41.4'L=36.0'L=50.6'100.5'L=16.8 '36.0'L=31.4'3378.1'96.7'39.1'L=25.6'8.8'8LL23.7'73.5'20.9'88L=15.12222L ==11=LL==1 LL9 .9'99L==688.1'147.0'120.2'80.3'20.4'23.4'145.5'53.0'45.3'120.1'72.6'10.7'108810,444 SF120.8'52.5'52.5'133.4'133.4'L=42.4'L=39.7'112.1'L=17.33'L=L1LL6LL.8=='8836.2'L=3133.4'44108.4'4488666688222222222139.9'L=17.88'65.3'117.3'L=36.8'47.5'L=49.5'L=44.1'33.7'138.2'91.7'LL..8888=8825.6'74.0'133.9'31.4'L=49.8'4.7'4125.7'74.5'74.0'40.1'L=43.50.7'7''125.3'FF2.6'6L=48.1'2.1'.119.7'FFL=22.44'37.8'74.0'74.0'142.5'FF49.1'L''=36.1'65.8'L=8..2'161.5'FFL=39.5'38.3'L=47.3'162.9'L=46.4'38.2'L55=5544.8'33L''==11.5'LL=21.9'36.0'143.2'68.1'75.4'127.2'L=17.66'59.5'27.5'L=32.28.9'22''L8.98.=9914.88'130.0'28.1'L''=39.0'L11=4400..8888.8833'''LL11=44==4444001880888933.9 'L=62.1'109.8'86.8'L=49.7'102.4'144.6'63.7'110.0'57.2'L=16.8'L1166=88388''3.6'L=85.4'70.4'14.2'1L=65.9'26.2'L.2.=2229.9 '54.7'10.7'66.6'77.3'7.2'770.1'77.3'110.0'80.8'110.0'80.8'110.0'80.8'73.6'110.0'80.8'3.7'777.1'110.0'0.2'.77.3'110.0'2.4'2..74.9'77.3'109.9'L=12.4'74.1'82.8'L=33.3'76.0'L=3133.4'4464.3'L 22.=1122222222 ===.7 LL'0.2'.2.L=170011222'2229.7'L=70.7'8.9'L33=45.0'PHASE 3 - 49 LOTSAS9LO399SSSS7111PHASE 1 - 23 LOTSPHASE 3 - 49 LOTSPHASE 2 - 37 LOTSPHASE 2 - 37 LOTSR55'55559PHASE 1 - 23 LOTSPHASE 3 - 49 LOTSOTPHHASSerrano HeightsA project in the City of Pasco, WAPreliminary plat for:July 25, 2018Date:0074.00JF Eng. Job #5220 S. Auburn PlKennewick, WA 99337(509) 551-8174 PHNwww.JFEngineering.proCIVIL ENGINEERINGPROJECT MANAGEMENTPLANNINGENGINEERING, PLLCChecked by: JEFDrawn by: KWETATEOFWASHNG T ON JOHNERICFETTER O L F DEDDREENIGNELANOIISSEFORP C100Scale V: N/AScale H: 1"=80'Know what'sR'C' LANECENTRAL CT.'D' LANEMASSEY DRIVEVALLEY VIEW PLACE'A' LANE'B' LANENORTH DRIVEW. NO R T H C T.CHAPEL HILL BLVD.E. NORTH CT.EXISTING 100' EASMENT117-510-039RIVERHAWK POINTE II PRELIMINARY PLATSERRANO HEIGHTS SUBDIVISIONLOCATED IN THE SE 1/4 OF SECTION 16, T 9 N, R 29 E OF THE WILLAMETTE MERIDIANPROPERTY BOUNDARY AND TOPOGRAPHICSURVEY PROVIDED BY HDJ, A DIVISION OF PBS,2017.BASIS OF BEARING IS: NAD83/91 WASHINGTON STATEPLANE, SOUTH ZONE HOLDING THE COORDINATES FORPOINT 1507 PER RECORD OF SURVEY NO. 3774, BEING ABRASS CAP IN CASE AT THE SOUTHWEST CORNER OFSECTION 16, T9N, R29E, W.M., LOCATED AT THEINTERSECTION OF ARGENT ROAD AND ROAD 84. THENGVD29 ELEVATION OF 390.12 AS LISTED BY CITY OF PASCO(PSI #53-16) FORTHIS MONUMENT WAS HELD.VERTICAL DATUM IS CITY OF PASCO DATUM, PSI10-33, ELEV: 357.65TAX ID # OF SUBJECT PARCEL: 117-510-036COMPREHENSIVE PLAN DESIGNATION: LOW-DENSITY RESIDENTIALLAND USE ZONING DESIGNATION: R-1 LOW DENSITY RESIDENTIALCURRENT PROPERTY USE: AGRICULTURALTOTAL PARCEL AREA:38.1 Ac, 1,659,196 SFPHASE 1: 23 LOTSPHASE 2: 37 LOTSPHASE 3: 49 LOTSTOTAL LOTS: 109AVERAGE LOT SIZE: 9,810 SFMIN. LOT SIZE: 7,306 SF (LOT 82)LARGEST LOT SIZE: 25,977 SF (LOT 109)R/W AREA: 346,375 SFANTICIPATED TO BEGIN CONSTRUCTION SPRING2019 AND COMPLETE BY 2023, DEPENDANT UPONMARKET CONDITIONS.PUBLIC STREETS, UTILITIES, AND STORMWATERPUBLIC STREETS WILL BE CONSTRUCTED TO CITYOF PASCO STANDARD 3-2A, LOCAL ACCESSSTREETS AND CUL-DE-SAC BULB. THIS SECTIONINCLUDES CURBS, GUTTERS, AND SIDEWALKS.CITY POTABLE WATER, IRRIGATION, ANDSANITARY SEWER WILL BE EXTENDED TO EACHLOT WITHIN THE PLAT. FIRE HYDRANTS WILL BEINSTALLED AND LOCATED PER THEREQUIREMENTS OF THE CITY FIRE CHIEF.SANITARY SEWER EXISTS WITHIN AN EASEMENTTHROUGH THIS PROJECT AND WILL BE UTILIZEDTO SERVE THIS PROJECT.STORMWATER RUNOFF WILL BE COLLECTEDFROM PUBLIC STREETS AND DISPOSED OF,ONSITE, IN LOCALIZED SUBSURFACEINFILTRATION SYSTEMS.STREET LIGHTS WILL BE INSTALLED PER THE CITYOF PASCO STANDARDS.PROPERTY AND PLAT STATISTICSLEGENDLOT #LOT TOTAL AREARESIDENTIALRIVER...ADJACENT USEADJACENT SUBDIVISION NAME117-510-033CO TAX ID #UNDEVELOPED(COMMERCIAL)30'30'30'30'117-510-167EXTG 10"IRRIGATIONPROP E RT Y B O U N D A R Y 117-510-038117-641-062117-641-071EXISTING 75'GAS EASEMENT FCID CANALFCID CANALEXISTING 50'CANAL ROWEXISTING 20'EASEMENT(RESIDENTIAL)(RESIDENTIAL)ROAD 76EXISTING IRRIGATIONPIVOTCHIAWANA PLACE PRELIMINARY PLAT117-510-037CHIAWANA HIGH SCHOOL117-590-010EXISTING 75'GAS EASEMENPROPERTY BOUNDARYPROPERTY BOUNDARYPROPERTY BOUNDARYCHAPEL HILL BLVD.30'30'30'30'30'30'30'30'30'110.0110 0110 0110 030'66R55'R55'R55'40'PROPERTY BOUNDARYAAAAAAAAAARARRRRRRRYRYRYYYYYYYY30'0'0000000030'EXISTING 30'EASEMENTEXISTING 24" SAN. SEWEREXISTING 24" SAN. SEWEREXISTING 30'G330GEASEMENTVICINITY MAP1" = 2,000'±RD 76RD 72RD 80ARGENT RD.I-182RD 84RD 68BURDEN BLVD.HILL BLVD.CHAPELLSITEEUNDEVELOPED(COMMERCIAL)UNDEVELOPED(OFFICE)40'UTILESMT7/25/18SSSSSSSTTTTTTJOEREERTSIGEGRE38322NELANOISSEFORPPPPPPPPPP Page 111 of 221 1 REPORT TO PLANNING COMMISSION MASTER FILE NO: PP 2018-007 HEARING DATE: 7/19/2018 ACTION DATE: 8/16/2018 APPLICANT: RP Development 6159 W Deschutes Ave Suite 509 Kennewick WA 99336 BACKGROUND REQUEST: Preliminary Plat: Serrano Heights, (104-Lot Single-Family Subdivision). 1. PROPERTY DESCRIPTION: Legal: Lot 4 of Record Survey 1847849 General Location: South of Future Chapel Hill Blvd between Roads 70 & 76 Property Size: 38.1 Acres Number of Lots Proposed: 104 single-family lots Square Footage Range of Lots: 8,154 ft² to 20,571 ft² Average Lot Square Footage: 10,186 ft² 2. ACCESS: The property is proposed to have access from Chapel Hill Boulevard, Valley View Place, Road 76 and Massey Drive. 3. UTILITIES: Municipal sewer service is located in future Massey Drive extension along the southern portion of the site. Water service will be located primarily in Massey Drive and Chapel Hill Boulevard. 4. LAND USE AND ZONING: The site is zoned R-1 (Low-Density Residential). Surrounding properties are zoned and developed as follows: NORTH: C-1 Vacant; DNR Lease Property EAST: C-1; O; R-1 Vacant & Single-Family SOUTH: R-S-1 Vacant; Chiawana Place Subdivision WEST R-1 Vacant; Riverhawk Pointe II Subdivision 5. COMPREHENSIVE PLAN: The Comprehensive Plan indicates the site is intended for low-density residential development. According to the Comprehensive Plan, low-density residential development means 2 to 5 dwelling units per acre. The criteria for allocation under the future land use section of Volume II of the Comprehensive Plan (Vol. II, page 17) encourages development of lands designated for low-density residential uses when or where sewer is available; the location is suitable for home sites and there is a market demand for new home sites. Policy H-1-E encourages the advancement of home ownership, and Goal H-2 suggests the City strive to maintain a variety of housing options for residents of the community. Goal LU-2 encourages the maintenance of established neighborhoods and the creation of new neighborhoods that are safe and enjoyable places to live. Page 112 of 221 2 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. An environmental determination will be made after the public hearing for this project. A Determination of Non- Significance or Mitigated Determination of Non-Significance is likely for this application (WAC 197-11-355). ANALYSIS The project site is located south and west of property held in trust by the Department of Natural Resources (DNR), who expects to lease their land to commercial developers. Also to the east is the Valley View Addition, which is located in a County island and is built out with single-family homes. The property to the south has been preliminarily platted as the Chiawana Place subdivision and is zoned at a lower density (R-S-1; 10,000 square foot minimum lot size) as a transition between the R-1 on site and the lower density (RS-20) county areas to the south. Property directly to the west will be developed with future phases of the Riverhawk Pointe II subdivision, and further west along Massey Drive will be the Pasco School District Elementary School #16. The site was part of the Road 68 DNR property which sold off a few years ago. The applicant is seeking preliminary plat approval in preparation for the development of a single-family subdivision. The site was initially designated for low-density residential development under the 1982 Comprehensive Plan and again under the 1995 Plan and the updated Plan of 2008. The property is zoned R-1 (Low Density Residential). The proposed plat will provide additional lots within the Urban Growth Area (UGA) for single-family homes consistent with the Comprehensive Plan. The old DNR site is one of the few large remaining areas within the UGA to be developed. The proposed plat can be considered an infill development on property that was passed over during the time most of the I-182 Corridor was developed. The proposed plat was originally part of a larger parcel that extended easterly from Road 84 to the west boundary of Valley View Addition. Improvement of portions of Chapel Hill Boulevard to the north will be the responsibility of the developer of the proposed plat along with improvements for Road 76 and Valley View Place. Road 76 will become a collector arterial street that will connect south of the irrigation canal to Argent Road. As such the developer will be responsible for developing a portion of the canal crossing for Road 76. LOT LAYOUT: The proposed plat contains 104 residential lots. The lots vary in size from 8,154 to 20,571 square feet. The average lot size is 10,186 square feet. The proposal is consistent with the density requirements of the R-1 zoning on the site and the R-S-1 zoning to the south. The minimum lot size for the R-1 zone is 7,200 square feet. Page 113 of 221 3 RIGHTS-OF-WAY: All lots have frontage on streets, which will be dedicated. The east half of Road 76 will be finished with this subdivision to match the improvements in the future Riverhawk Pointe II subdivision. The developers of Riverhawk Pointe II will build the west side of the street. Improvements with this plat could also include the easterly extension of Chapel Hill Boulevard from Road 68 and improvements to Valley View Place, which is expected to be an extension of, and renamed Massey Drive. With Road 76 extending south to Argent Road the developer will need to participate in the construction of the canal crossing. UTILITIES: Municipal water service will need to be extended to the site from Road 84, Road 68, future Chapel Hill Boulevard, and/or future Chiawana Heights. All utility lines will be extended through the plat and must be guided by the Comprehensive Water, Sewer and Irrigation Plans. A sewer trunk line is located along the south portion of the site about 150 feet north of the FCID canal. A utility easement will be needed along the first 10 feet of street frontage of all lots. The final location and width of the easements will be determined during the engineering design phase. The front yard setbacks for construction purposes are larger than the requested easements; therefore the front yard easements will not diminish the buildable area of the lots. The City Engineer will determine the specific placement of fire hydrants and streetlights when construction plans are submitted. As a general rule, fire hydrants are located at street intersections and with a maximum interval of 500 feet between hydrants on alternating sides of the street. Streetlights are located at street intersections, with a maximum interval of less than 300 feet on residential streets, and with a maximum interval of 150 feet on arterial streets. The intervals for street light placements are measure along the centerline of the road. Street lights are placed on alternating sides of the street. STREET NAMES: The proposed street names following a river theme will be added prior to final plat approval. IRRIGATION: The municipal code requires the installation of irrigation lines as part of the infrastructure improvements. WATER RIGHTS: The assignment of water rights is a requirement for subdivision approval per Pasco Municipal Code Section 26.04.115(B) and Section 3.07.160. If no water rights are available to transfer to the City the property owner/developer must pay a water right fee in lieu thereof. FINDINGS OF FACT State law (RCW 58.17.010) and the Pasco Municipal Code require the Planning Commission to develop Findings of Fact as to how this proposed subdivision will protect and enhance the health, safety and general welfare of the community. The following is a listing of proposed "Findings of Fact:" Page 114 of 221 4 Prevent Overcrowding: Density requirements of the R-1 zone are designed to address overcrowding concerns. The Comprehensive Plan suggests the property in question be developed with 2 to 5 dwelling units per acre. The proposed Plat has a density of approximately 2.7 units per acre. No more than 40 percent of each lot is permitted to be covered with structures per the R-1 standards. Parks Opens Space/Schools: There are no City parks in the immediate vicinity, however; the School District has express a desire to work with the City on the development of a park on the school site west of Road 80. City parks have been co-located with McGee, Franklin, McClintock, Maya Angelo and Whitter schools. A park impact fee will be assessed at the time permits are issued for each house in the subdivision to help cover the cost of the future park. The City is required by RCW 58.17.110 to make a finding that adequate provisions are being made to ameliorate the impacts of the proposed subdivision on the School District. At the request of the School District the City enacted a school impact fee in 2012. The imposition of this impact fee addresses the requirement to ensure there are adequate provisions for schools. A school impact fee in the amount of $4,700 will be charged for each new dwelling unit at the time of building permit issuance. Effective Land Use/Orderly Development: The Plat is laid out for single- family development as identified in the Comprehensive Plan. The maximum density permitted under the Comprehensive Plan is 5 dwelling units per acre. The developer is proposing a density of approximately 2.7 units per acre. The proposed development will include improvements to both Road 76 and Chapel Hill Boulevard. Safe Travel & Walking Conditions: The plat will connect to the community through the existing network of streets. Sidewalks are installed at the time homes are built on individual lots. The sidewalks will be constructed to current City standards and to the standards of the American’s with Disabilities Act (ADA). The ADA ramps at the corners of all intersection will be installed with the construction of the road improvements and the sidewalks along Chapel Hill Boulevard and Road 76 will be installed with the infrastructure improvements. Adequate Provision of Municipal Services: All lots within the Plat will be provided with water, sewer and other utilities. Provision of Housing for State Residents: This Preliminary Plat contains 104 residential building lots, providing an opportunity for the construction of 104 new dwelling units in Pasco. Adequate Air and Light: The maximum lot coverage limitations, building height restrictions and building setbacks will assure that adequate movement of air and light is available to each lot. Proper Access & Travel: The streets through and adjoining the Plat will be paved and developed to City standards to assure proper access is maintained Page 115 of 221 5 to each lot. Connections to the community will be provided by Road 76, Chapel Hill Boulevard, Massey Drive, and potentially Valley View Place. The Preliminary Plat was submitted to the Transit Authority for review (The discussion under “Safe Travel” above applies to this section also). At this time there is no guarantee that Chapel Hill will connect to Roads 68 or 84, thus limiting access to the Plat. Development of Chapel Hill Boulevard all the way through from Road 68 to Road 84 via the LID process between all property owners along said route should be a condition of Plat approval. Valley View Place is currently a dead-end road located in a Franklin County island off of Road 68 and aligned with the future extension of Massey Drive. During most hours of the day and particularly at rush hour it is very difficult to make left turns in or out of the street, and doing so can be dangerous. As well, the Valley View Place intersection is located close to two signaled intersections on Road 68, namely Chapel Hill Boulevard and Argent Road. Adding more ingress/egress traffic at this location would likely snarl traffic at that location, necessitating installation of a traffic signal. Adding another signaled intersection this close to the two existing signals may also compound traffic issues along Road 68. One option would be to realign Massey Drive north to connect to future Chapel Hill Boulevard to avoid a direct connection to Valley View Place; another option would be to close off Valley View at Road 68, redirecting Valley View traffic west and out to either Argent to the south or to the future Chapel Hill Boulevard to the north. A traffic analysis is needed to address the above issues, specifically how and where plat access should occur, and what improvements should be required at Argent Road, Chapel Hill Boulevard, Roads 68 and 84, at the very least. Comprehensive Plan Policies & Maps: The Comprehensive Plan designates the Plat site for low-density residential development. Policies of the Comprehensive Plan encourage the advancement of home ownership and suggest the City strive to maintain a variety of housing for residents. Other Findings:  The site is within the Pasco Urban Growth Boundary.  The State Growth Management Act requires urban growth and urban densities to occur within the Urban Growth Boundaries.  The site is relatively flat with undulations and slopes toward the south.  The site is currently vacant.  The site is not considered a critical area, a mineral resource area or a wetland.  The Comprehensive Plan identifies the site for low-density residential development. Page 116 of 221 6  Low-density residential development is described in the Comprehensive Plan as two to five dwelling units per acre.  The site is zoned R-1 (Low Density Residential).  The developer is proposing approximately 2.7 dwelling units per acre.  The Housing Element of the Comprehensive Plan encourages the advancement of programs that promote home ownership and development of a variety of residential densities and housing types.  The Transportation Element of the Comprehensive Plan encourages the interconnection of neighborhood streets to provide for the disbursement of traffic.  The interconnection of neighborhood streets is necessary for utility connections (looping) and the provision of emergency services.  Per the ITE Trip Generation Manual 8th Addition the proposed subdivision, when fully developed, will generate approximately 995 vehicle trips per day.  The current traffic impact fee is $709 per dwelling unit. The impact fees are collected at the time permits are issued and said fees are used to make traffic improvements and add traffic signals in the I-182 Corridor when warranted.  The current park impact fee is $1,420 per dwelling unit. The fee can be reduced by 58 percent if a developer dedicates a five acre park site to the City. The dedication of a fully constructed park reduces the fee by 93 percent.  RCW 58.17.110 requires the City to make a finding that adequate provisions have been made for schools before any preliminary plat is approved.  The City of Pasco has adopted a school impact fee ordinance compelling new housing developments to provide the School District with mitigation fees. The fee was effective April 16, 2012.  Past correspondence from the Pasco School District indicates impact fees address the requirement to ensure adequate provisions are made for schools.  Plat improvements within the City of Pasco are required to comply with the 2015 Standard Drawings and Specification as approved by the City Engineer. These improvements include but are not limited to water, sewer and irrigation lines, streets, street lights and storm water retention. The handicapped-accessible pedestrian ramps are completed with the street and curb improvements prior to final plat approval. Sidewalks are installed at the time permits are issued for new houses, except sidewalks along major streets, which are installed with the street improvements.  Water lines and fire hydrants are required to be looped. Page 117 of 221 7  Per PMC 12.36.050 the developer must extend all utilities to and through the subject parcel.  All engineering designs for infrastructure and final plat(s) drawings are required to utilize the published City of Pasco Vertical Control Datum.  All storm water generated from a developed plat is required to be disposed of per City and State codes and requirements. Prior to the City of Pasco accepting construction plans for review the developer is required to enter into a Storm Water Maintenance Agreement with the City. The developer is responsible for obtaining the signatures of all parties required on the agreement and to have the agreement recorded with the Franklin County Auditor. The original signed and recorded copy of the agreement is presented to the City of Pasco at the intake meeting for construction plans.  Storm water runoff and infiltration calculations must comply with the Storm Water Management Manual for Easter Washington, they must be provided for review and approval. Storm water calculations must be prepared, stamped, signed and dated by a currently licensed Professional Engineer registered in the State of Washington.  The assignment of water rights is a requirement for subdivision approval per Pasco Municipal Code Section 26.04.115(B) and Section 3.07.160.  The developer is responsible for all costs associated with construction, inspection, and plan review service expenses incurred by the City Engineering Office.  The developer is responsible for installing irrigation lines, which shall be installed per City of Pasco Standard Detail 3-1. Irrigation mains shall be required along Chapel Hill Boulevard, Road 76, and all internal streets.  The City has nuisance regulations (PMC 9.60) that require property owners (including developers) to maintain their properties in a manner that does not injure, annoy, or endanger the comfort and repose of other property owners. This includes controlling dust, weeds and litter during times of construction for both subdivisions and buildings including houses.  Prior to acceptance of final plats developers are required to prepare and submit record drawings. All record drawings shall be created in accordance with the requirements detailed in the Record Drawing Requirements and Procedure form provided by the Engineering Division. This form must be signed by the developer prior to construction plan approval.  The final plat will contain 10-foot utility easements parallel to all streets. Additional easement will be provided as needed by utility providers.  Road 76 will become a collect arterial street connecting Chapel Hill Boulevard with Argent Road. This connection will require a crossing over Page 118 of 221 8 the FCID canal. The developer will be responsible for a portion (one quarter) of the canal crossing.  The Comprehensive Water Plan calls for a 12 inch line running north and south in Road 76 with a 12 inch connection west to Road 84.  The Irrigation Master Plan calls for a 12 inch line running north and south in Road 80.  To properly serve the proposed subdivision one or more Pressure reducing valves may be needed. The design and installation of which is typically the responsibility of the developer. CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT Before recommending approval or denial of the proposed Plat the Planning Commission must develop findings of fact from which to draw its conclusion (P.M.C. 26.24.070) therefrom as to whether or not: (1) Adequate provisions are made for the public health, safety and general welfare and for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds, transit stops, schools and school grounds, sidewalks for safe walking conditions for students and other public needs; The proposed plat will be required to develop under the standards of the Pasco Municipal Code and the standard specifications of the City Engineering Division. These standards for streets, sidewalks, and other infrastructure improvements were designed to ensure the public health; safety and general welfare of the community are secured. These standards include provisions for streets, drainage, water and sewer service and the provision for dedication of right-of-way. The preliminary plat was forwarded to the PUD, the Pasco School District, Cascade Gas, Charter Cable, franklin County Irrigation District and Ben-Franklin Transit Authority for review and comment. The proposed plat has the potential to be partially or wholly “landlocked” if adequate provision for connections to Argent Road, Roads 68 and 84 and future Chapel Hill Boulevard. The approval conditions need to provide for a solution to this potential. Based on the School Districts Capital Facilities Plan the City collects school mitigation fees for each new dwelling unit. The fee is paid at the time of building permit issuance. The school impact fee addresses the requirements of RCW 58.17.110. City parks are located in the subdivisions to the west and southwest of the site. All new developments participate in establishing parks through the payment of park fees at the time of permitting. (2) The proposed subdivision contributes to the orderly development and land use patterns in the area; The proposed Plat makes efficient use of vacant land and will provide for the looping of utilities and interconnectivity of streets as supported in the Page 119 of 221 9 Comprehensive Plan. The proposed subdivision will provide arterial street improvements along Chapel Hill Boulevard and connect to Argent Road via Road 76. (3) The proposed subdivision conforms to the policies, maps and narrative text of the Comprehensive Plan; The Comprehensive Plan land use map designates the site for low-density residential development. Low-density residential development is described as 2 to 5 dwelling units per acre in the Comprehensive Plan. The Housing Element of the Plan encourages the promotion of a variety of residential densities and suggests the community should support the advancement of programs encouraging home ownership. The Transportation Element of the Plan suggests major streets should be beautified with trees and landscaping. The Plan also encourages the interconnection of local streets for inter-neighborhood travel for public safety as well as providing for traffic disbursement. (4) The proposed subdivision conforms to the general purposes of any applicable policies or plans which have been adopted by the City Council; Development plans and policies have been adopted by the City Council in the form of the Comprehensive Plan. The proposed subdivision conforms to the policies, maps and narrative text of the Plan as noted in number three above. (5) The proposed subdivision conforms to the general purposes of the subdivision regulations. The general purposes of the subdivision regulations have been enumerated and discussed in the staff analysis and Findings of Fact. The Findings of Fact indicate the subdivision is in conformance with the general purposes of the subdivision regulations provided certain mitigation measures (i.e., school impact fees are paid). (6) The public use and interest will be served by approval of the proposed subdivision. The proposed Plat, if approved, will be developed in accordance with all City standards designed to ensure the health, safety and general welfare of the community are met. The Comprehensive Plan will be implemented through development of this Plat. These factors will ensure the public use and interest are served. TENTATIVE PLAT APPROVAL CONDITIONS 1. No utility vaults, pedestals, or other obstructions will be allowed at street intersections. Page 120 of 221 10 2. All corner lots and other lots that present difficulties for the placement of yard fencing shall be identified in the notes on the face of the final plat(s). 3. The developer shall install common "Estate" type fence/wall six-feet in height along Chapel Hill Boulevard and Road 76 as a part of the infrastructure improvements associated with the plat. The fence/wall must be constructed of masonry block. A fencing detail must be included on the subdivision construction drawings. An approved vision triangle at the intersection of streets will be required. Following construction of the masonry fence/wall the City may make repairs or replace the fencing as needed. Property owners adjoining said fence shall be responsible for payment of all costs associated with maintenance and upkeep of the fence/wall. These fencing requirements shall be noted clearly on the face of the final plat(s). A concrete mow strip shall be installed under any common fence as directed by the City Parks Division and shall be approved by the Parks Department prior to installation. 4. Excess right-of-way along Road 76 and Chapel Hill Boulevard must be landscaped. Said landscaping shall include irrigation, turf, and trees. Trees shall be planted at 50 foot intervals. The species of the trees will be determined by the Parks Department. All landscaping and irrigation plans shall be reviewed and approved by the Parks Department prior to installation. Water usage for City right-of-way landscaping shall come from a source approved by the City of Pasco with the connection and meter fees paid for by the developer. 5. The sidewalks on Road 76 and Chapel Hill Boulevard shall be offset to accommodate the planting strip required in Number 4 above. 6. The developer/builder shall pay the City a "common area maintenance fee" of $475 per lot upon issuance of building permits for homes. These funds shall be placed in a fund and used to finance the maintenance of arterial boulevard strips. The City shall not accept maintenance responsibility for the landscaping abutting said streets until such time as all fees are collected for each phase that abut said streets. 7. Lots abutting Road 76 and Chapel Hill Boulevard shall not have direct access to said streets. Access shall be prohibited by means of deed restrictions and/or statements on the face of the final plat(s). 8. The final plat(s) shall contain a 10-foot utility easement parallel to all streets unless otherwise required by the Franklin County PUD. 9. The owner/developer is responsible for one quarter of the cost of installing the Road 76 canal crossing, but based upon the need to connect to Argent Road, may be required to build the crossing at the time of the development with the expectation of reimbursement through a future latecomer’s agreement. This contribution shall be in the form a cash deposit to the City in an amount determined by the City Engineer to Page 121 of 221 11 ensure the completion of the canal crossing. Said deposit must be accompanied by a signed development agreement ensuring the developer's full proportionate share of the crossing is covered in the event the initial deposit falls short of the final construction costs. The owner/ developer must sign a non-protest agreement to the formation of an LID to cover the cost of the share of the canal crossing. Said non-protest agreement may also include the development's share of the required Road 76 improvements. The non-protest agreement shall be recorded, run with the property and be binding upon successors in the property ownership and must be executed within 10 days of Preliminary Plat approval by City Council. 10. The owner/developer must sign a non-protest agreement to the formation of an LID for the construction of Chapel Hill Boulevard and/or Road 76. The non-protest agreement shall be recorded, run with the property and be binding upon successors in the property ownership and must be executed within 10 days of Preliminary Plat approval by City Council. 11. The developer shall prepare a traffic study in accordance with standard practices—the scope and results of which must be approved by the City. The study must consider impacts both with and without a Chapel Hill Boulevard connection to Road 68. The cumulative impacts of the proposed subdivision must be considered on the capacity of the intersections of Road 76 and Argent Road, Massey Drive/Valley View Court and Road 68, Chapel Hill Boulevard and Road 68, and Road 68 and Argent at minimum. The Traffic study must recommend necessary improvements to address capacity issues and the efficient diffusion of traffic through the neighborhood. These recommendations may include participation in the installation of a traffic signal at Argent/Road 76; installation of a traffic signal at Massey Drive/Valley View Court and Road 68; construction of a roundabout at Road 76 and Chapel Hill, construction of a canal crossing as identified in condition #9 above, and any other mitigation efforts outlined by the results of said traffic study. The results and recommendations of the traffic study—once approved by the City—shall become conditions upon the preliminary plat and must be implemented prior to final plat approval. 12. The developer shall provide the necessary right-of-way at the southeast corner of Road 76 and Chapel Hill Boulevard for a roundabout at said intersection. 13. The final plat(s) shall contain the following Franklin County Public Utility District statement: "The individual or company making improvements on a lot or lots of this Plat is responsible for providing and installing all trench, conduit, primary vaults, secondary junction boxes, and backfill for the PUD's primary and secondary distribution system in accordance with PUD specifications; said individual or company will make full Page 122 of 221 12 advance payment of line extension fees and will provide all necessary utility easements prior to PUD construction and/ or connection of any electrical service to or within the plat." RECOMMENDATION MOTION: I move to close the hearing on the proposed preliminary plat and set August 16, 2018 as the date for deliberations and the development of a recommendation for the City Council. Page 123 of 221 OverviewMapItem: Serrano Heights Preliminary PlatApplicant: RP DevelopmentFile #: PP 2018-007SITE0 500 1000 1500 2000FeetPage 124 of 221 VicinityMapItem: Serrano Heights Preliminary PlatApplicant: RP DevelopmentFile #: PP 2018-007SITE0 300 600 900 1200FeetPage 125 of 221 Land UseMapItem: Serrano Heights Preliminary PlatApplicant: RP DevelopmentFile #: PP 2018-007SITE0 300 600 900 1200FeetNew SFResidentialDevelopmentProposedElementarySchoolMH ParkChiawanaHighSchoolVacant--Platted forSF ResidentialDevelopmentVacant--Platted for SFResidentialDevelopmentVacantCommercialMulti-FamilySFDUsSFDUs(County)SFDUsSFDUs (County)SFDUsVac.Vac.FSCommercialPage 126 of 221 ZoningMapItem: Serrano Heights Preliminary PlatApplicant: RP DevelopmentFile #: PP 2018-007SITE0 300 600 900 1200FeetR-1RPC-1C-1R-4R-1RS-20(County)RS-12RS-20 (County)RS-20C-1C-1"O"RS-20RS-1R-3R-3Page 127 of 221 210,025 SF510,025 SF410,025 SF310,025 SF110,025 SF838,671 SF808,954 SF919,062 SF908,979 SF898,976 SF888,976 SF878,792 SF868,976 SF859,551 SF848,976 SF8210,144 SF7411,567 SF768,954 SF778,954 SF788,954 SF798,954 SF819,895 SF668,503 SF6411,146 SF7211,406 SF718,503 SF708,503 SF698,543 SF688,503 SF678,503 SF6511,186 SF5811,158 SF599,568 SF609,592 SF619,718 SF629,592 SF1009,623 SF1049,623 SF1039,623 SF1029,623 SF1019,623 SF999,623 SF9510,778 SF989,800 SF979,800 SF969,800 SF949,925 SF9311,470 SF5710,392 SF5210,117 SF399,686 SF5510,315 SF5610,477 SF5410,117 SF539,020 SF4410,158 SF4210,873 SF419,001 SF409,947 SF389,999 SF4310,531 SF4510,165 SF5011,086 SF5111,086 SF4713,080 SF4810,541 SF4911,182 SF4610,098 SF1220,570 SF119,728 SF1010,278 SF911,869 SF812,852 SF713,562 SF69,346 SF3716,568 SF7313,856 SF9211,295 SF759,455 SF639,546 SF3610,441 SF2313,829 SF2910,014 SF3011,390 SF3116,994 SF3210,479 SF338,362 SF348,428 SF359,448 SF288,154 SF278,595 SF269,603 SF2510,968 SF2413,304 SF168,580 SF178,580 SF188,580 SF198,580 SF208,580 SF1311,280 SF218,580 SF148,580 SF2211,405 SF158,580 SFL=44.4'L=2 4.9'73.0'110.0'55.8'L=37.5'13.8'L=34.4'19.5'78.0'78.0'110.0'78.0'78.0'110.0'78.0'78.0'110.0'78.0'78.0'110.0'78.0'78.0'110.0'78.0'78.0'110.0'78.0'78.0'110.0'78.0'78.0'110.0'17.5'119.8'127.5'L=61.0'136.9'60.2'69.0'83.7'L=91.0'120.0'L=30.6'40.0'L=31.4'58.0'L=29.4'97.6'L=45.0'L=19.9 'L=52.6'133.4'88.7'L =5 6 .8'134.4'L=48.1'163.5'L=51.6'L=41.8'L=141.2'91.6'L=51.4'L=59.5 'L=115.4'110.0'L=9.5'L=1 4 .2'L=102.4'110.0'L=79.9'L=31.7 '62.9'110.0'62.9'L=24.7 '91.1'110.0'91.1'76.0'L=13.8'110.0'L=16 .6'76.0'L=63.2'L=29.7'70.2'L=33.0'L=82.2'110.0'L=78.3'L=33.0'70.2'L=29.7'L=59.9'L=79.5'110.0'L=95.4'L=79.5'110.0'L=95.4'L=79.5'110.0'L=95.4'L=40.8'42.6'110.0'42.6'L=49.0'87.5'110.0'87.5'86.6'L=54.4'L=16.8'29.4'106.2'129.1'L=42.8'124.1'29.6'106.0'L =4 6.4'142.9'137.7'L=36.3'111.4'24.4'16.2'102.8'L=45.4'144.2'82.4'111.7'L=32.9'33.0'L=16.8 'L=39.9'105.0'102.8'L=35.8'L=16.8'36.2'L=31.4'L=49.0'147.7'L=40 .6 '134.3'101.4'L=54.6'79.0'53.0'27.2'97.5'L=51.9'16.7'78.0'102.3'103.8'L=33.4'7.0'69.4'110.5'56.1'L=16.8 '110.5'91.9'8.1'84.0'110.5'91.9'91.9'90.5'L=31.4'76.1'5.0'91.0'L=31.4'64.3'L=15.1'23.4'111.0'74.2'113.7'17.1'L=48.3'1.8'125.5'83.2'123.6'77.3'96.7'74.9'83.1'L=3.8'L=15.3'135.7'L=15.6'L=0.5'38.6'L=54.9'58.7'134.1'102.2'134.1'61.3'127.7'74.0'74.0'127.7'L=17.0'57.0'43.3'L=14.5'128.4'59.0'L=15.1'L=42.1'14.5'133.1'74.0'75.9'150.1'L=69.2'5.9'37.1'L=57.9'38.2'L=4.8'161.5'L=8.2'L=39.5'38.3'142.5'65.8'49.1'L=36.1'119.7'74.0'L=22.4'37.8'125.3'74.0'2.6'L=48.1'2.1'125.7'40.1'L=43.5'0.7'74.5'133.9'74.0'31.4'L=49.8'4.7'138.2'74.0'91.7'L=25.6'139.9'L=44.1'33.7'L=17.8'65.3'117.3'L=36.8'47.5'L=49.5'L=31.4'90.0'92.7'110.0'72.8'2.6'79.4'110.0'82.0'15.9'83.3'L=65.9'26.2'L=29.9 '69.3'110.0'70.1'L=16.8'L=33.6'L=85.4'110.0'95.2'90.0'L=3 1.4'75.2'57.1'L=39.0'L=6.0'98.3'19.4'59.4'110.0'8.6'L=22.7'110.0'86.4'38.9'48.3'110.0'87.2'29.0'58.2'110.0'88.3'19.1'69.3'110.0'87.2'8.0'77.7'1.5'75.8'11.2'110.0'87.0'66.1'36.2'26.6'L=103.0'L=28 .5 'L=43.1'9.7'110.0'70.1'L=45.5'L=36.0'L=103.0'110.0'77.3'110.0'77.3'110.0'77.7'110.0'77.3'110.0'77.3'110.0'77.3'98.8'L=2 8.1'15.6'L=25.0'25.0'110.0'37.6'L=16.7'16.1'L=27.5'95.8'63.9'24.8'4.8'74.1'7.3'110.0'81.4'74.3'7.1'110.0'81.4'79.7'1.7'110.0'81.4'79.9'1.5'110.0'81.4'78.4'3.0'110.0'81.4'110.4'81.4'78.6'11.9'69.7'57.0'130.1'L=45.7'33.2'L=109.0'L=27.5'L=55.1'24.6'3.4'25.6'90.0'90.0'L=7.8 '118.3'L=23.5'58.0'L=31.4 '110.0'35.3'L=97.4'110.0'81.6'110.0'81.6'110.0'81.6'110.0'79.9'110.0'81.6'110.0'86.8'110.0'81.6'110.0'78.8'82.1'L=12.0'L=3 6.8'3.4'L=56.3'8.4'6688884466.800TRACT ATRTR4,487 SF42.1'222143.4'64.4'487 487 139.8'PHASEHASSE 2 - 31 LOTSLOT-11SESESS001111PHASE 1 - 24 LOTSPHASE 3 - 30 LOTSPHASE 3 - 30 LOTSPHASE 4 - 19 LOTSSerrano HeightsA project in the City of Pasco, WAPreliminary plat for:May 25, 2018Date:0074.00JF Eng. Job #5220 S. Auburn PlKennewick, WA 99337(509) 551-8174 PHNwww.JFEngineering.proCIVIL ENGINEERINGPROJECT MANAGEMENTPLANNINGENGINEERING, PLLCChecked by: JEFDrawn by: KWETATEOFWASHNG T ON JOHNERICFETTER O L F DEDDREREENIGNELANOIISSEFORP C100Scale V: N/AScale H: 1"=80''C' LANECENTRAL DRIVECENTRAL CT.'D' LANEVALLEY VIEW PLACEVALLEY VIEW PLACE'A' LANE'B' LANENORTH DRIVEW. NO R T H C T.CHAPEL HILL BLVD.E. NORTH CT.EXISTING 100' EASMENT117-510-039RIVERHAWK POINTE II PRELIMINARY PLATSERRANO HEIGHTS SUBDIVISIONLOCATED IN THE SE 1/4 OF SECTION 16, T 9 N, R 29 E OF THE WILLAMETTE MERIDIANPROPERTY BOUNDARY AND TOPOGRAPHICSURVEY PROVIDED BY HDJ, A DIVISION OF PBS,2017.BASIS OF BEARING IS: NAD83/91 WASHINGTON STATEPLANE, SOUTH ZONE HOLDING THE COORDINATES FORPOINT 1507 PER RECORD OF SURVEY NO. 3774, BEING ABRASS CAP IN CASE AT THE SOUTHWEST CORNER OFSECTION 16, T9N, R29E, W.M., LOCATED AT THEINTERSECTION OF ARGENT ROAD AND ROAD 84. THENGVD29 ELEVATION OF 390.12 AS LISTED BY CITY OF PASCO(PSI #53-16) FORTHIS MONUMENT WAS HELD.VERTICAL DATUM IS CITY OF PASCO DATUM, PSI10-33, ELEV: 357.65TAX ID # OF SUBJECT PARCEL: 117-510-036COMPREHENSIVE PLAN DESIGNATION: LOW-DENSITY RESIDENTIALLAND USE ZONING DESIGNATION: R-1 LOW DENSITY RESIDENTIALCURRENT PROPERTY USE: AGRICULTURALTOTAL PARCEL AREA:38.1 Ac, 1,659,196 SFPHASE 1: 24 LOTSPHASE 2: 31 LOTSPHASE 3: 30 LOTSPHASE 4: 19 LOTSTOTAL LOTS: 104AVERAGE LOT SIZE: 10,186 SFMIN. LOT SIZE: 8,154 SF (LOT 28)LARGEST LOT SIZE: 20,571 SF (LOT 12)R/W AREA: 359,350 SFANTICIPATED TO BEGIN CONSTRUCTION SPRING2019 AND COMPLETE BY 2023, DEPENDANT UPONMARKET CONDITIONS.PUBLIC STREETS, UTILITIES, AND STORMWATERPUBLIC STREETS WILL BE CONSTRUCTED TO CITYOF PASCO STANDARD 3-2A, LOCAL ACCESSSTREETS AND CUL-DE-SAC BULB. THIS SECTIONINCLUDES CURBS, GUTTERS, AND SIDEWALKS.CITY POTABLE WATER, IRRIGATION, ANDSANITARY SEWER WILL BE EXTENDED TO EACHLOT WITHIN THE PLAT. FIRE HYDRANTS WILL BEINSTALLED AND LOCATED PER THEREQUIREMENTS OF THE CITY FIRE CHIEF.SANITARY SEWER EXISTS WITHIN AN EASEMENTTHROUGH THIS PROJECT AND WILL BE UTILIZEDTO SERVE THIS PROJECT.STORMWATER RUNOFF WILL BE COLLECTEDFROM PUBLIC STREETS AND DISPOSED OF,ONSITE, IN LOCALIZED SUBSURFACEINFILTRATION SYSTEMS.STREET LIGHTS WILL BE INSTALLED PER THE CITYOF PASCO STANDARDS.PROPERTY AND PLAT STATISTICSLEGENDLOT #LOT TOTAL AREARESIDENTIALRIVER...ADJACENT USEADJACENT SUBDIVISION NAME117-510-033CO TAX ID #UNDEVELOPED(COMMERCIAL)30'30'30'30'30'30'117-510-167EXTG 10"IRRIGATIONPROP E RT Y B O U N D A R Y 117-510-038117-641-062117-641-071EXISTING 75'GAS EASEMENT FCID CANALFCCIDCANALFCID CANALFCIDCCANALEXISTING 50'CANAL ROWEXISTING 20'EASEMENT(RESIDENTIAL)(RESIDENTIAL)ROAD 76EXISTING IRRIGATIONPIVOTCHIAWANA PLACE PRELIMINARY PLAT117-510-037CHIAWANA HIGH SCHOOL117-590-010EXISTING 75'GAS EASEMENPROPERTY BOUNDARYPROPERTY BOUNDARYPROPERTY BOUNDARYCHAPEL HILL BLVD.30'30'30'30'30'30'30'30'30'30'R55'R55'R55'40'PROPERTY BOUNDARY30'0'30'EXISTING 30'EASEMENTEXISTING 24" SAN. SEWEREXISTING 24" SAN. SEWEREXSTNGG 244 SAN. SEWEREXISTING 30'G330XEASEMENTEVICINITY MAP1" = 2,000'±RD 76RD 72RD 80ARGENT RD.I-182RD 84RD 68BURDEN BLVD.HILL BLVD.CHAPELLSITEEUNDEVELOPED(COMMERCIAL)UNDEVELOPED(OFFICE)SSSSSTTTTTTTTTATTJOEREERTSIGEGRE38322ELANOISSEFORPPPPP 5/25/18Page 128 of 221 Looking NorthPage 129 of 221 Looking EastPage 130 of 221 Looking SouthPage 131 of 221 Looking WestPage 132 of 221 Chiawana HS to the Southwest of SitePage 133 of 221 Chapel Hill Boulevard Connect Point to NortheastPage 134 of 221 1 REPORT TO PLANNING COMMISSION MASTER FILE NO: PP 2018-007 HEARING DATE: 7/19/2018 ACTION DATE: 8/16/2018 APPLICANT: RP Development 6159 W Deschutes Ave Suite 509 Kennewick WA 99336 BACKGROUND REQUEST: Preliminary Plat: Serrano Heights, (104-Lot Single-Family Subdivision). 1. PROPERTY DESCRIPTION: Legal: Lot 4 of Record Survey 1847849 General Location: South of Future Chapel Hill Blvd between Roads 70 & 76 Property Size: 38.1 Acres Number of Lots Proposed: 104 single-family lots Square Footage Range of Lots: 8,154 ft² to 20,571 ft² Average Lot Square Footage: 10,186 ft² 2. ACCESS: The property is proposed to have access from Chapel Hill Boulevard, Valley View Place, Road 76 and Massey Drive. 3. UTILITIES: Municipal sewer service is located in future Massey Drive extension along the southern portion of the site. Water service will be located primarily in Massey Drive and Chapel Hill Boulevard. 4. LAND USE AND ZONING: The site is zoned R-1 (Low-Density Residential). Surrounding properties are zoned and developed as follows: NORTH: C-1 Vacant; DNR Lease Property EAST: C-1; O; R-1 Vacant & Single-Family SOUTH: R-S-1 Vacant; Chiawana Place Subdivision WEST R-1 Vacant; Riverhawk Pointe II Subdivision 5. COMPREHENSIVE PLAN: The Comprehensive Plan indicates the site is intended for low-density residential development. According to the Comprehensive Plan, low-density residential development means 2 to 5 dwelling units per acre. The criteria for allocation under the future land use section of Volume II of the Comprehensive Plan (Vol. II, page 17) encourages development of lands designated for low-density residential uses when or where sewer is available; the location is suitable for home sites and there is a market demand for new home sites. Policy H-1-E encourages the advancement of home ownership, and Goal H-2 suggests the City strive to maintain a variety of housing options for residents of the community. Goal LU-2 encourages the maintenance of established neighborhoods and the creation of new neighborhoods that are safe and enjoyable places to live. Page 135 of 221 2 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. An environmental determination will be made after the public hearing for this project. A Determination of Non- Significance or Mitigated Determination of Non-Significance is likely for this application (WAC 197-11-355). ANALYSIS The project site is located south and west of property held in trust by the Department of Natural Resources (DNR), who expects to lease their land to commercial developers. Also to the east is the Valley View Addition, which is located in a County island and is built out with single-family homes. The property to the south has been preliminarily platted as the Chiawana Place subdivision and is zoned at a lower density (R-S-1; 10,000 square foot minimum lot size) as a transition between the R-1 on site and the lower density (RS-20) county areas to the south. Property directly to the west will be developed with future phases of the Riverhawk Pointe II subdivision, and further west along Massey Drive will be the Pasco School District Elementary School #16. The site was part of the Road 68 DNR property which sold off a few years ago. The applicant is seeking preliminary plat approval in preparation for the development of a single-family subdivision. The site was initially designated for low-density residential development under the 1982 Comprehensive Plan and again under the 1995 Plan and the updated Plan of 2008. The property is zoned R-1 (Low Density Residential). The proposed plat will provide additional lots within the Urban Growth Area (UGA) for single-family homes consistent with the Comprehensive Plan. The old DNR site is one of the few large remaining areas within the UGA to be developed. The proposed plat can be considered an infill development on property that was passed over during the time most of the I-182 Corridor was developed. The proposed plat was originally part of a larger parcel that extended easterly from Road 84 to the west boundary of Valley View Addition. Improvement of portions of Chapel Hill Boulevard to the north will be the responsibility of the developer of the proposed plat along with improvements for Road 76 and Valley View Place. Road 76 will become a collector arterial street that will connect south of the irrigation canal to Argent Road. As such the developer will be responsible for developing a portion of the canal crossing for Road 76. LOT LAYOUT: The proposed plat contains 104 residential lots. The lots vary in size from 8,154 to 20,571 square feet. The average lot size is 10,186 square feet. The proposal is consistent with the density requirements of the R-1 zoning on the site and the R-S-1 zoning to the south. The minimum lot size for the R-1 zone is 7,200 square feet. Page 136 of 221 3 RIGHTS-OF-WAY: All lots have frontage on streets, which will be dedicated. The east half of Road 76 will be finished with this subdivision to match the improvements in the future Riverhawk Pointe II subdivision. The developers of Riverhawk Pointe II will build the west side of the street. Improvements with this plat could also include the easterly extension of Chapel Hill Boulevard from Road 68 and improvements to Valley View Place, which is expected to be an extension of, and renamed Massey Drive. With Road 76 extending south to Argent Road the developer will need to participate in the construction of the canal crossing. UTILITIES: Municipal water service will need to be extended to the site from Road 84, Road 68, future Chapel Hill Boulevard, and/or future Chiawana Heights. All utility lines will be extended through the plat and must be guided by the Comprehensive Water, Sewer and Irrigation Plans. A sewer trunk line is located along the south portion of the site about 150 feet north of the FCID canal. A utility easement will be needed along the first 10 feet of street frontage of all lots. The final location and width of the easements will be determined during the engineering design phase. The front yard setbacks for construction purposes are larger than the requested easements; therefore the front yard easements will not diminish the buildable area of the lots. The City Engineer will determine the specific placement of fire hydrants and streetlights when construction plans are submitted. As a general rule, fire hydrants are located at street intersections and with a maximum interval of 500 feet between hydrants on alternating sides of the street. Streetlights are located at street intersections, with a maximum interval of less than 300 feet on residential streets, and with a maximum interval of 150 feet on arterial streets. The intervals for street light placements are measure along the centerline of the road. Street lights are placed on alternating sides of the street. STREET NAMES: The proposed street names following a river theme will be added prior to final plat approval. IRRIGATION: The municipal code requires the installation of irrigation lines as part of the infrastructure improvements. WATER RIGHTS: The assignment of water rights is a requirement for subdivision approval per Pasco Municipal Code Section 26.04.115(B) and Section 3.07.160. If no water rights are available to transfer to the City the property owner/developer must pay a water right fee in lieu thereof. FINDINGS OF FACT State law (RCW 58.17.010) and the Pasco Municipal Code require the Planning Commission to develop Findings of Fact as to how this proposed subdivision will protect and enhance the health, safety and general welfare of the community. The following is a listing of proposed "Findings of Fact:" Page 137 of 221 4 Prevent Overcrowding: Density requirements of the R-1 zone are designed to address overcrowding concerns. The Comprehensive Plan suggests the property in question be developed with 2 to 5 dwelling units per acre. The proposed Plat has a density of approximately 2.7 units per acre. No more than 40 percent of each lot is permitted to be covered with structures per the R-1 standards. Parks Opens Space/Schools: There are no City parks in the immediate vicinity, however; the School District has express a desire to work with the City on the development of a park on the school site west of Road 80. City parks have been co-located with McGee, Franklin, McClintock, Maya Angelo and Whitter schools. A park impact fee will be assessed at the time permits are issued for each house in the subdivision to help cover the cost of the future park. The City is required by RCW 58.17.110 to make a finding that adequate provisions are being made to ameliorate the impacts of the proposed subdivision on the School District. At the request of the School District the City enacted a school impact fee in 2012. The imposition of this impact fee addresses the requirement to ensure there are adequate provisions for schools. A school impact fee in the amount of $4,700 will be charged for each new dwelling unit at the time of building permit issuance. Effective Land Use/Orderly Development: The Plat is laid out for single- family development as identified in the Comprehensive Plan. The maximum density permitted under the Comprehensive Plan is 5 dwelling units per acre. The developer is proposing a density of approximately 2.7 units per acre. The proposed development will include improvements to both Road 76 and Chapel Hill Boulevard. Safe Travel & Walking Conditions: The plat will connect to the community through the existing network of streets. Sidewalks are installed at the time homes are built on individual lots. The sidewalks will be constructed to current City standards and to the standards of the American’s with Disabilities Act (ADA). The ADA ramps at the corners of all intersection will be installed with the construction of the road improvements and the sidewalks along Chapel Hill Boulevard and Road 76 will be installed with the infrastructure improvements. Adequate Provision of Municipal Services: All lots within the Plat will be provided with water, sewer and other utilities. Provision of Housing for State Residents: This Preliminary Plat contains 104 residential building lots, providing an opportunity for the construction of 104 new dwelling units in Pasco. Adequate Air and Light: The maximum lot coverage limitations, building height restrictions and building setbacks will assure that adequate movement of air and light is available to each lot. Proper Access & Travel: The streets through and adjoining the Plat will be paved and developed to City standards to assure proper access is maintained Page 138 of 221 5 to each lot. Connections to the community will be provided by Road 76, Chapel Hill Boulevard, Massey Drive, and potentially Valley View Place. The Preliminary Plat was submitted to the Transit Authority for review (The discussion under “Safe Travel” above applies to this section also). At this time there is no guarantee that Chapel Hill will connect to Roads 68 or 84, thus limiting access to the Plat. Development of Chapel Hill Boulevard all the way through from Road 68 to Road 84 via the LID process between all property owners along said route should be a condition of Plat approval. Valley View Place is currently a dead-end road located in a Franklin County island off of Road 68 and aligned with the future extension of Massey Drive. During most hours of the day and particularly at rush hour it is very difficult to make left turns in or out of the street, and doing so can be dangerous. As well, the Valley View Place intersection is located close to two signaled intersections on Road 68, namely Chapel Hill Boulevard and Argent Road. Adding more ingress/egress traffic at this location would likely snarl traffic at that location, necessitating installation of a traffic signal. Adding another signaled intersection this close to the two existing signals may also compound traffic issues along Road 68. One option would be to realign Massey Drive north to connect to future Chapel Hill Boulevard to avoid a direct connection to Valley View Place; another option would be to close off Valley View at Road 68, redirecting Valley View traffic west and out to either Argent to the south or to the future Chapel Hill Boulevard to the north. A traffic analysis is needed to address the above issues, specifically how and where plat access should occur, and what improvements should be required at Argent Road, Chapel Hill Boulevard, Roads 68 and 84, at the very least. Comprehensive Plan Policies & Maps: The Comprehensive Plan designates the Plat site for low-density residential development. Policies of the Comprehensive Plan encourage the advancement of home ownership and suggest the City strive to maintain a variety of housing for residents. Other Findings:  The site is within the Pasco Urban Growth Boundary.  The State Growth Management Act requires urban growth and urban densities to occur within the Urban Growth Boundaries.  The site is relatively flat with undulations and slopes toward the south.  The site is currently vacant.  The site is not considered a critical area, a mineral resource area or a wetland.  The Comprehensive Plan identifies the site for low-density residential development. Page 139 of 221 6  Low-density residential development is described in the Comprehensive Plan as two to five dwelling units per acre.  The site is zoned R-1 (Low Density Residential).  The developer is proposing approximately 2.7 dwelling units per acre.  The Housing Element of the Comprehensive Plan encourages the advancement of programs that promote home ownership and development of a variety of residential densities and housing types.  The Transportation Element of the Comprehensive Plan encourages the interconnection of neighborhood streets to provide for the disbursement of traffic.  The interconnection of neighborhood streets is necessary for utility connections (looping) and the provision of emergency services.  Per the ITE Trip Generation Manual 8th Addition the proposed subdivision, when fully developed, will generate approximately 995 vehicle trips per day.  The current traffic impact fee is $709 per dwelling unit. The impact fees are collected at the time permits are issued and said fees are used to make traffic improvements and add traffic signals in the I-182 Corridor when warranted.  The current park impact fee is $1,420 per dwelling unit. The fee can be reduced by 58 percent if a developer dedicates a five acre park site to the City. The dedication of a fully constructed park reduces the fee by 93 percent.  RCW 58.17.110 requires the City to make a finding that adequate provisions have been made for schools before any preliminary plat is approved.  The City of Pasco has adopted a school impact fee ordinance compelling new housing developments to provide the School District with mitigation fees. The fee was effective April 16, 2012.  Past correspondence from the Pasco School District indicates impact fees address the requirement to ensure adequate provisions are made for schools.  Plat improvements within the City of Pasco are required to comply with the 2015 Standard Drawings and Specification as approved by the City Engineer. These improvements include but are not limited to water, sewer and irrigation lines, streets, street lights and storm water retention. The handicapped-accessible pedestrian ramps are completed with the street and curb improvements prior to final plat approval. Sidewalks are installed at the time permits are issued for new houses, except sidewalks along major streets, which are installed with the street improvements.  Water lines and fire hydrants are required to be looped. Page 140 of 221 7  Per PMC 12.36.050 the developer must extend all utilities to and through the subject parcel.  All engineering designs for infrastructure and final plat(s) drawings are required to utilize the published City of Pasco Vertical Control Datum.  All storm water generated from a developed plat is required to be disposed of per City and State codes and requirements. Prior to the City of Pasco accepting construction plans for review the developer is required to enter into a Storm Water Maintenance Agreement with the City. The developer is responsible for obtaining the signatures of all parties required on the agreement and to have the agreement recorded with the Franklin County Auditor. The original signed and recorded copy of the agreement is presented to the City of Pasco at the intake meeting for construction plans.  Storm water runoff and infiltration calculations must comply with the Storm Water Management Manual for Easter Washington, they must be provided for review and approval. Storm water calculations must be prepared, stamped, signed and dated by a currently licensed Professional Engineer registered in the State of Washington.  The assignment of water rights is a requirement for subdivision approval per Pasco Municipal Code Section 26.04.115(B) and Section 3.07.160.  The developer is responsible for all costs associated with construction, inspection, and plan review service expenses incurred by the City Engineering Office.  The developer is responsible for installing irrigation lines, which shall be installed per City of Pasco Standard Detail 3-1. Irrigation mains shall be required along Chapel Hill Boulevard, Road 76, and all internal streets.  The City has nuisance regulations (PMC 9.60) that require property owners (including developers) to maintain their properties in a manner that does not injure, annoy, or endanger the comfort and repose of other property owners. This includes controlling dust, weeds and litter during times of construction for both subdivisions and buildings including houses.  Prior to acceptance of final plats developers are required to prepare and submit record drawings. All record drawings shall be created in accordance with the requirements detailed in the Record Drawing Requirements and Procedure form provided by the Engineering Division. This form must be signed by the developer prior to construction plan approval.  The final plat will contain 10-foot utility easements parallel to all streets. Additional easement will be provided as needed by utility providers.  Road 76 will become a collect arterial street connecting Chapel Hill Boulevard with Argent Road. This connection will require a crossing over Page 141 of 221 8 the FCID canal. The developer will be responsible for a portion (one quarter) of the canal crossing.  The Comprehensive Water Plan calls for a 12 inch line running north and south in Road 76 with a 12 inch connection west to Road 84.  The Irrigation Master Plan calls for a 12 inch line running north and south in Road 80.  To properly serve the proposed subdivision one or more Pressure reducing valves may be needed. The design and installation of which is typically the responsibility of the developer. CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT Before recommending approval or denial of the proposed Plat the Planning Commission must develop findings of fact from which to draw its conclusion (P.M.C. 26.24.070) therefrom as to whether or not: (1) Adequate provisions are made for the public health, safety and general welfare and for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds, transit stops, schools and school grounds, sidewalks for safe walking conditions for students and other public needs; The proposed plat will be required to develop under the standards of the Pasco Municipal Code and the standard specifications of the City Engineering Division. These standards for streets, sidewalks, and other infrastructure improvements were designed to ensure the public health; safety and general welfare of the community are secured. These standards include provisions for streets, drainage, water and sewer service and the provision for dedication of right-of-way. The preliminary plat was forwarded to the PUD, the Pasco School District, Cascade Gas, Charter Cable, franklin County Irrigation District and Ben-Franklin Transit Authority for review and comment. The proposed plat has the potential to be partially or wholly “landlocked” if adequate provision for connections to Argent Road, Roads 68 and 84 and future Chapel Hill Boulevard. The approval conditions need to provide for a solution to this potential. Based on the School Districts Capital Facilities Plan the City collects school mitigation fees for each new dwelling unit. The fee is paid at the time of building permit issuance. The school impact fee addresses the requirements of RCW 58.17.110. City parks are located in the subdivisions to the west and southwest of the site. All new developments participate in establishing parks through the payment of park fees at the time of permitting. (2) The proposed subdivision contributes to the orderly development and land use patterns in the area; The proposed Plat makes efficient use of vacant land and will provide for the looping of utilities and interconnectivity of streets as supported in the Page 142 of 221 9 Comprehensive Plan. The proposed subdivision will provide arterial street improvements along Chapel Hill Boulevard and connect to Argent Road via Road 76. (3) The proposed subdivision conforms to the policies, maps and narrative text of the Comprehensive Plan; The Comprehensive Plan land use map designates the site for low-density residential development. Low-density residential development is described as 2 to 5 dwelling units per acre in the Comprehensive Plan. The Housing Element of the Plan encourages the promotion of a variety of residential densities and suggests the community should support the advancement of programs encouraging home ownership. The Transportation Element of the Plan suggests major streets should be beautified with trees and landscaping. The Plan also encourages the interconnection of local streets for inter-neighborhood travel for public safety as well as providing for traffic disbursement. (4) The proposed subdivision conforms to the general purposes of any applicable policies or plans which have been adopted by the City Council; Development plans and policies have been adopted by the City Council in the form of the Comprehensive Plan. The proposed subdivision conforms to the policies, maps and narrative text of the Plan as noted in number three above. (5) The proposed subdivision conforms to the general purposes of the subdivision regulations. The general purposes of the subdivision regulations have been enumerated and discussed in the staff analysis and Findings of Fact. The Findings of Fact indicate the subdivision is in conformance with the general purposes of the subdivision regulations provided certain mitigation measures (i.e., school impact fees are paid). (6) The public use and interest will be served by approval of the proposed subdivision. The proposed Plat, if approved, will be developed in accordance with all City standards designed to ensure the health, safety and general welfare of the community are met. The Comprehensive Plan will be implemented through development of this Plat. These factors will ensure the public use and interest are served. TENTATIVE PLAT APPROVAL CONDITIONS 1. No utility vaults, pedestals, or other obstructions will be allowed at street intersections. Page 143 of 221 10 2. All corner lots and other lots that present difficulties for the placement of yard fencing shall be identified in the notes on the face of the final plat(s). 3. The developer shall install common "Estate" type fence/wall six-feet in height along Chapel Hill Boulevard and Road 76 as a part of the infrastructure improvements associated with the plat. The fence/wall must be constructed of masonry block. A fencing detail must be included on the subdivision construction drawings. An approved vision triangle at the intersection of streets will be required. Following construction of the masonry fence/wall the City may make repairs or replace the fencing as needed. Property owners adjoining said fence shall be responsible for payment of all costs associated with maintenance and upkeep of the fence/wall. These fencing requirements shall be noted clearly on the face of the final plat(s). A concrete mow strip shall be installed under any common fence as directed by the City Parks Division and shall be approved by the Parks Department prior to installation. Alternative designs may be considered and accepted by the Director of Community & Economic Development. 4. Excess right-of-way along Road 76 and Chapel Hill Boulevard must be landscaped. Said landscaping shall include irrigation, turf, and trees. Trees shall be planted at 50 foot intervals. The species of the trees will be determined by the Parks Department. All landscaping and irrigation plans shall be reviewed and approved by the Parks Department prior to installation. Water usage for City right-of-way landscaping shall come from a source approved by the City of Pasco with the connection and meter fees paid for by the developer. 5. The sidewalks on Road 76 and Chapel Hill Boulevard shall be offset to accommodate the planting strip required in Number 4 above. 6. The developer/builder shall pay the City a "common area maintenance fee" of $475 per lot upon issuance of building permits for homes. These funds shall be placed in a fund and used to finance the maintenance of arterial boulevard strips. The City shall not accept maintenance responsibility for the landscaping abutting said streets until such time as all fees are collected for each phase that abut said streets. 7. Lots abutting Road 76 and Chapel Hill Boulevard shall not have direct access to said streets. Access shall be prohibited by means of deed restrictions and/or statements on the face of the final plat(s). 8. The final plat(s) shall contain a 10-foot utility easement parallel to all streets unless otherwise required by the Franklin County PUD. 9. The owner/developer is responsible for one quarter of the cost of installing the Road 76 canal crossing, but based upon the need to connect to Argent Road, may be required to build the crossing at the time of the development with the expectation of reimbursement through a Page 144 of 221 11 future latecomer’s agreement. This contribution shall be in the form a cash deposit to the City in an amount determined by the City Engineer to ensure the completion of the canal crossing. Said deposit must be accompanied by a signed development agreement ensuring the developer's full proportionate share of the crossing is covered in the event the initial deposit falls short of the final construction costs. The owner/ developer must sign a non-protest agreement to the formation of an LID to cover the cost of the share of the canal crossing. Said non-protest agreement may also include the development's share of the required Road 76 improvements. The non-protest agreement shall be recorded, run with the property and be binding upon successors in the property ownership and must be executed within 10 days of Preliminary Plat approval by City Council. 10. The owner/developer must sign a non-protest agreement to the formation of an LID for the construction of Chapel Hill Boulevard and/or Road 76. The non-protest agreement shall be recorded, run with the property and be binding upon successors in the property ownership and must be executed within 10 days of Preliminary Plat approval by City Council. 11. The developer shall prepare a traffic study in accordance with standard practices—the scope and results of which must be approved by the City. The study must consider impacts both with and without a Chapel Hill Boulevard connection to Road 68, and with and without a Valley view connection to Road 68. The cumulative impacts of the proposed subdivision must be considered on the capacity of the intersections of Road 76 and Argent Road, Massey Drive/Valley View Court and Road 68, Chapel Hill Boulevard and Road 68, and Road 68 and Argent at minimum. The Traffic study must recommend necessary improvements to address capacity issues and the efficient diffusion of traffic through the neighborhood. These recommendations may include participation in the installation of a traffic signal at Argent/Road 76; installation of a traffic signal at Massey Drive/Valley View Court and Road 68; construction of a roundabout at Road 76 and Chapel Hill, construction of a canal crossing as identified in condition #9 above, and any other mitigation efforts outlined by the results of said traffic study. The results and recommendations of the traffic study—once approved by the City— shall become conditions upon the preliminary plat and must be implemented prior to final plat approval. 12. The developer shall provide the necessary right-of-way at the southeast corner of Road 76 and Chapel Hill Boulevard for a roundabout at said intersection. 13. The final plat(s) shall contain the following Franklin County Public Utility District statement: "The individual or company making improvements on a lot or lots of this Plat is responsible for providing and installing all Page 145 of 221 12 trench, conduit, primary vaults, secondary junction boxes, and backfill for the PUD's primary and secondary distribution system in accordance with PUD specifications; said individual or company will make full advance payment of line extension fees and will provide all necessary utility easements prior to PUD construction and/or connection of any electrical service to or within the plat." RECOMMENDATION MOTION: I move to close the hearing on the proposed preliminary plat and to adopt Findings of Fact and Conclusions therefrom as contained in the August 16, 2018 staff report. MOTION: I move based on the Findings of Fact and Conclusions, as adopted, the Planning Commission recommend the City Council approve the Preliminary Plat for Serrano Heights, with conditions as listed in the August 16, 2018 staff report. Page 146 of 221 OverviewMapItem: Serrano Heights Preliminary PlatApplicant: RP DevelopmentFile #: PP 2018-007SITE0 500 1000 1500 2000FeetPage 147 of 221 VicinityMapItem: Serrano Heights Preliminary PlatApplicant: RP DevelopmentFile #: PP 2018-007SITE0 300 600 900 1200FeetPage 148 of 221 Land UseMapItem: Serrano Heights Preliminary PlatApplicant: RP DevelopmentFile #: PP 2018-007SITE0 300 600 900 1200FeetNew SFResidentialDevelopmentProposedElementarySchoolMH ParkChiawanaHighSchoolVacant--Platted forSF ResidentialDevelopmentVacant--Platted for SFResidentialDevelopmentVacantCommercialMulti-FamilySFDUsSFDUs(County)SFDUsSFDUs (County)SFDUsVac.Vac.FSCommercialPage 149 of 221 ZoningMapItem: Serrano Heights Preliminary PlatApplicant: RP DevelopmentFile #: PP 2018-007SITE0 300 600 900 1200FeetR-1RPC-1C-1R-4R-1RS-20(County)RS-12RS-20 (County)RS-20C-1C-1"O"RS-20RS-1R-3R-3Page 150 of 221 210,025 SF510,025 SF410,025 SF310,025 SF110,025 SF838,671 SF808,954 SF919,062 SF908,979 SF898,976 SF888,976 SF878,792 SF868,976 SF859,551 SF848,976 SF8210,144 SF7411,567 SF768,954 SF778,954 SF788,954 SF798,954 SF819,895 SF668,503 SF6411,146 SF7211,406 SF718,503 SF708,503 SF698,543 SF688,503 SF678,503 SF6511,186 SF5811,158 SF599,568 SF609,592 SF619,718 SF629,592 SF1009,623 SF1049,623 SF1039,623 SF1029,623 SF1019,623 SF999,623 SF9510,778 SF989,800 SF979,800 SF969,800 SF949,925 SF9311,470 SF5710,392 SF5210,117 SF399,686 SF5510,315 SF5610,477 SF5410,117 SF539,020 SF4410,158 SF4210,873 SF419,001 SF409,947 SF389,999 SF4310,531 SF4510,165 SF5011,086 SF5111,086 SF4713,080 SF4810,541 SF4911,182 SF4610,098 SF1220,570 SF119,728 SF1010,278 SF911,869 SF812,852 SF713,562 SF69,346 SF3716,568 SF7313,856 SF9211,295 SF759,455 SF639,546 SF3610,441 SF2313,829 SF2910,014 SF3011,390 SF3116,994 SF3210,479 SF338,362 SF348,428 SF359,448 SF288,154 SF278,595 SF269,603 SF2510,968 SF2413,304 SF168,580 SF178,580 SF188,580 SF198,580 SF208,580 SF1311,280 SF218,580 SF148,580 SF2211,405 SF158,580 SFL=44.4'L=2 4.9'73.0'110.0'55.8'L=37.5'13.8'L=34.4'19.5'78.0'78.0'110.0'78.0'78.0'110.0'78.0'78.0'110.0'78.0'78.0'110.0'78.0'78.0'110.0'78.0'78.0'110.0'78.0'78.0'110.0'78.0'78.0'110.0'17.5'119.8'127.5'L=61.0'136.9'60.2'69.0'83.7'L=91.0'120.0'L=30.6'40.0'L=31.4'58.0'L=29.4'97.6'L=45.0'L=19.9 'L=52.6'133.4'88.7'L =5 6 .8'134.4'L=48.1'163.5'L=51.6'L=41.8'L=141.2'91.6'L=51.4'L=59.5 'L=115.4'110.0'L=9.5'L=1 4 .2'L=102.4'110.0'L=79.9'L=31.7 '62.9'110.0'62.9'L=24.7 '91.1'110.0'91.1'76.0'L=13.8'110.0'L=16 .6'76.0'L=63.2'L=29.7'70.2'L=33.0'L=82.2'110.0'L=78.3'L=33.0'70.2'L=29.7'L=59.9'L=79.5'110.0'L=95.4'L=79.5'110.0'L=95.4'L=79.5'110.0'L=95.4'L=40.8'42.6'110.0'42.6'L=49.0'87.5'110.0'87.5'86.6'L=54.4'L=16.8'29.4'106.2'129.1'L=42.8'124.1'29.6'106.0'L =4 6.4'142.9'137.7'L=36.3'111.4'24.4'16.2'102.8'L=45.4'144.2'82.4'111.7'L=32.9'33.0'L=16.8 'L=39.9'105.0'102.8'L=35.8'L=16.8'36.2'L=31.4'L=49.0'147.7'L=40 .6 '134.3'101.4'L=54.6'79.0'53.0'27.2'97.5'L=51.9'16.7'78.0'102.3'103.8'L=33.4'7.0'69.4'110.5'56.1'L=16.8 '110.5'91.9'8.1'84.0'110.5'91.9'91.9'90.5'L=31.4'76.1'5.0'91.0'L=31.4'64.3'L=15.1'23.4'111.0'74.2'113.7'17.1'L=48.3'1.8'125.5'83.2'123.6'77.3'96.7'74.9'83.1'L=3.8'L=15.3'135.7'L=15.6'L=0.5'38.6'L=54.9'58.7'134.1'102.2'134.1'61.3'127.7'74.0'74.0'127.7'L=17.0'57.0'43.3'L=14.5'128.4'59.0'L=15.1'L=42.1'14.5'133.1'74.0'75.9'150.1'L=69.2'5.9'37.1'L=57.9'38.2'L=4.8'161.5'L=8.2'L=39.5'38.3'142.5'65.8'49.1'L=36.1'119.7'74.0'L=22.4'37.8'125.3'74.0'2.6'L=48.1'2.1'125.7'40.1'L=43.5'0.7'74.5'133.9'74.0'31.4'L=49.8'4.7'138.2'74.0'91.7'L=25.6'139.9'L=44.1'33.7'L=17.8'65.3'117.3'L=36.8'47.5'L=49.5'L=31.4'90.0'92.7'110.0'72.8'2.6'79.4'110.0'82.0'15.9'83.3'L=65.9'26.2'L=29.9 '69.3'110.0'70.1'L=16.8'L=33.6'L=85.4'110.0'95.2'90.0'L=3 1.4'75.2'57.1'L=39.0'L=6.0'98.3'19.4'59.4'110.0'8.6'L=22.7'110.0'86.4'38.9'48.3'110.0'87.2'29.0'58.2'110.0'88.3'19.1'69.3'110.0'87.2'8.0'77.7'1.5'75.8'11.2'110.0'87.0'66.1'36.2'26.6'L=103.0'L=28 .5 'L=43.1'9.7'110.0'70.1'L=45.5'L=36.0'L=103.0'110.0'77.3'110.0'77.3'110.0'77.7'110.0'77.3'110.0'77.3'110.0'77.3'98.8'L=2 8.1'15.6'L=25.0'25.0'110.0'37.6'L=16.7'16.1'L=27.5'95.8'63.9'24.8'4.8'74.1'7.3'110.0'81.4'74.3'7.1'110.0'81.4'79.7'1.7'110.0'81.4'79.9'1.5'110.0'81.4'78.4'3.0'110.0'81.4'110.4'81.4'78.6'11.9'69.7'57.0'130.1'L=45.7'33.2'L=109.0'L=27.5'L=55.1'24.6'3.4'25.6'90.0'90.0'L=7.8 '118.3'L=23.5'58.0'L=31.4 '110.0'35.3'L=97.4'110.0'81.6'110.0'81.6'110.0'81.6'110.0'79.9'110.0'81.6'110.0'86.8'110.0'81.6'110.0'78.8'82.1'L=12.0'L=3 6.8'3.4'L=56.3'8.4'6688884466.800TRACT ATRTR4,487 SF42.1'222143.4'64.4'487 487 139.8'PHASEHASSE 2 - 31 LOTSLOT-11SESESS001111PHASE 1 - 24 LOTSPHASE 3 - 30 LOTSPHASE 3 - 30 LOTSPHASE 4 - 19 LOTSSerrano HeightsA project in the City of Pasco, WAPreliminary plat for:May 25, 2018Date:0074.00JF Eng. Job #5220 S. Auburn PlKennewick, WA 99337(509) 551-8174 PHNwww.JFEngineering.proCIVIL ENGINEERINGPROJECT MANAGEMENTPLANNINGENGINEERING, PLLCChecked by: JEFDrawn by: KWETATEOFWASHNG T ON JOHNERICFETTER O L F DEDDREREENIGNELANOIISSEFORP C100Scale V: N/AScale H: 1"=80''C' LANECENTRAL DRIVECENTRAL CT.'D' LANEVALLEY VIEW PLACEVALLEY VIEW PLACE'A' LANE'B' LANENORTH DRIVEW. NO R T H C T.CHAPEL HILL BLVD.E. NORTH CT.EXISTING 100' EASMENT117-510-039RIVERHAWK POINTE II PRELIMINARY PLATSERRANO HEIGHTS SUBDIVISIONLOCATED IN THE SE 1/4 OF SECTION 16, T 9 N, R 29 E OF THE WILLAMETTE MERIDIANPROPERTY BOUNDARY AND TOPOGRAPHICSURVEY PROVIDED BY HDJ, A DIVISION OF PBS,2017.BASIS OF BEARING IS: NAD83/91 WASHINGTON STATEPLANE, SOUTH ZONE HOLDING THE COORDINATES FORPOINT 1507 PER RECORD OF SURVEY NO. 3774, BEING ABRASS CAP IN CASE AT THE SOUTHWEST CORNER OFSECTION 16, T9N, R29E, W.M., LOCATED AT THEINTERSECTION OF ARGENT ROAD AND ROAD 84. THENGVD29 ELEVATION OF 390.12 AS LISTED BY CITY OF PASCO(PSI #53-16) FORTHIS MONUMENT WAS HELD.VERTICAL DATUM IS CITY OF PASCO DATUM, PSI10-33, ELEV: 357.65TAX ID # OF SUBJECT PARCEL: 117-510-036COMPREHENSIVE PLAN DESIGNATION: LOW-DENSITY RESIDENTIALLAND USE ZONING DESIGNATION: R-1 LOW DENSITY RESIDENTIALCURRENT PROPERTY USE: AGRICULTURALTOTAL PARCEL AREA:38.1 Ac, 1,659,196 SFPHASE 1: 24 LOTSPHASE 2: 31 LOTSPHASE 3: 30 LOTSPHASE 4: 19 LOTSTOTAL LOTS: 104AVERAGE LOT SIZE: 10,186 SFMIN. LOT SIZE: 8,154 SF (LOT 28)LARGEST LOT SIZE: 20,571 SF (LOT 12)R/W AREA: 359,350 SFANTICIPATED TO BEGIN CONSTRUCTION SPRING2019 AND COMPLETE BY 2023, DEPENDANT UPONMARKET CONDITIONS.PUBLIC STREETS, UTILITIES, AND STORMWATERPUBLIC STREETS WILL BE CONSTRUCTED TO CITYOF PASCO STANDARD 3-2A, LOCAL ACCESSSTREETS AND CUL-DE-SAC BULB. THIS SECTIONINCLUDES CURBS, GUTTERS, AND SIDEWALKS.CITY POTABLE WATER, IRRIGATION, ANDSANITARY SEWER WILL BE EXTENDED TO EACHLOT WITHIN THE PLAT. FIRE HYDRANTS WILL BEINSTALLED AND LOCATED PER THEREQUIREMENTS OF THE CITY FIRE CHIEF.SANITARY SEWER EXISTS WITHIN AN EASEMENTTHROUGH THIS PROJECT AND WILL BE UTILIZEDTO SERVE THIS PROJECT.STORMWATER RUNOFF WILL BE COLLECTEDFROM PUBLIC STREETS AND DISPOSED OF,ONSITE, IN LOCALIZED SUBSURFACEINFILTRATION SYSTEMS.STREET LIGHTS WILL BE INSTALLED PER THE CITYOF PASCO STANDARDS.PROPERTY AND PLAT STATISTICSLEGENDLOT #LOT TOTAL AREARESIDENTIALRIVER...ADJACENT USEADJACENT SUBDIVISION NAME117-510-033CO TAX ID #UNDEVELOPED(COMMERCIAL)30'30'30'30'30'30'117-510-167EXTG 10"IRRIGATIONPROP E RT Y B O U N D A R Y 117-510-038117-641-062117-641-071EXISTING 75'GAS EASEMENT FCID CANALFCCIDCANALFCID CANALFCIDCCANALEXISTING 50'CANAL ROWEXISTING 20'EASEMENT(RESIDENTIAL)(RESIDENTIAL)ROAD 76EXISTING IRRIGATIONPIVOTCHIAWANA PLACE PRELIMINARY PLAT117-510-037CHIAWANA HIGH SCHOOL117-590-010EXISTING 75'GAS EASEMENPROPERTY BOUNDARYPROPERTY BOUNDARYPROPERTY BOUNDARYCHAPEL HILL BLVD.30'30'30'30'30'30'30'30'30'30'R55'R55'R55'40'PROPERTY BOUNDARY30'0'30'EXISTING 30'EASEMENTEXISTING 24" SAN. SEWEREXISTING 24" SAN. SEWEREXSTNGG 244 SAN. SEWEREXISTING 30'G330XEASEMENTEVICINITY MAP1" = 2,000'±RD 76RD 72RD 80ARGENT RD.I-182RD 84RD 68BURDEN BLVD.HILL BLVD.CHAPELLSITEEUNDEVELOPED(COMMERCIAL)UNDEVELOPED(OFFICE)SSSSSTTTTTTTTTATTJOEREERTSIGEGRE38322ELANOISSEFORPPPPP 5/25/18Page 151 of 221 318,671 SF488,954 SF399,062 SF388,979 SF378,976 SF368,976 SF358,792 SF348,976 SF339,551 SF328,976 SF3010,144 SF4211,567 SF448,954 SF458,954 SF468,954 SF478,954 SF499,895 SF518,503 SF6411,146 SF5711,406 SF568,503 SF558,503 SF548,543 SF538,503 SF528,503 SF5011,186 SF5811,158 SF599,568 SF609,592 SF619,718 SF629,592 SF1920,570 SF189,728 SF1710,278 SF1611,869 SF1512,852 SF1413,562 SF139,346 SF,9999979 SSSSSSSSF4113,856 SF66SF4011,295 SF439,455 SF639,546 SF238,580 SF248,580 SF258,580 SF268,580 SF278,580 SF2011,280 SF288,580 SF218,580 SF2911,405 SF228,580 SF8555558L=44.4'L=2 4.9'73.0'110.0'55.8'L=37.5'13.8'L=34.4'19.5'78.0'78.0'110.0'78.0'78.0'110.0'78.0'78.0'110.0'78.0'78.0'110.0'78.0'78.0'110.0'78.0'78.0'110.0'78.0'78.0'110.0'78.0'78.0'110.0'17.5'119.8'127.5'L=61.0'136.9'60.2'69.0'83.7'L=91.0'120.0'L=30.6'40.0'L=31.4'58.0'L=29.4'97.6'L=45.0'L=19.9 'L=52.6'133.4'88.7'L =5 6 .8'134.4'L=48.1'163.5'L=51.6'L=41.8'L=141.2'91.6'L=51.4'91.6'L=115.4'110.0'L=9.5'L=1 4 .2'57.1'L=39.0'L=6.0'98.3'19.4'59.4'110.0'8.6'L=22.7'110.0'86.4'38.9'48.3'110.0'87.2'29.0'58.2'110.0'88.3'19.1'69.3'110.0'87.2'8.0'77.7'1.5'75.8'11.2'110.0'87.0'66.1'36.2'26.6'L=103.0'L=28 .5 'L=43.1'9.7'110.0'70.1'L=45.5'L=36.0'L=103.0'110.0'77.3'110.0'77.3'110.0'77.7'110.0'77.3'110.0'77.3'110.0'77.3'98.8'L=2 8.1'15.6'L=25.0'25.0'110.0'37.6'L=16.7'16.1'L=27.5'95.8'63.9'24.8'4.8'74.1'7.3'110.0'81.4'74.3'7.1'110.0'81.4'79.7'1.7'110.0'81.4'79.9'1.5'110.0'81.4'78.4'3.0'110.0'81.4'110.4'81.4'78.6'11.9'69.7'57.0'130.1'L=45.7'33.2'L=109.0'L=27.5'L=55.1'24.6'3.4'25.6'90.0'90.0'L=7.8 '118.3'L=23.5'58.0'L=31.4 '110.0'35.3'L=97.4'110.0'81.6'110.0'81.6'110.0'81.6'110.0'79.9'110.0'81.6'110.0'86.8'110.0'81.6'110.0'78.8'82.1'L=12.0'L=3 6.8'3.4'L=56.3'8.4'898,264 SF908,015 SF9417,038 SF76.3'919,479 SF9210,542 SF939,644 SF869,748 SF878,231 SF979,612 SF10813,829 SF10713,304 SF10610,968 SF1059,603 SF1048,595 SF1038,154 SF10210,014 SF10111,390 SF10011,174 SF9910,243 SF9810,145 SF9513,632 SF968,833 SF668,888 SF788,504 SF718,888 SF708,888 SF698,888 SF688,888 SF678,888 SF658,888 SF728,504 SF738,504 SF748,504 SF758,504 SF768,504 SF778,504 SF110.0'110.0'110.0'110.0'110.0'110.0'110.0'110.0'8310,691 SF799,580 SF808,543 SF819,392 SF827,306 SF859,940 SF848,621 SF107.1'103.7'.28,691 SF33.3'79.0'79.0' 38.7'L=45.3'L=88.8'110.0'L=69.2'L=35.4'38.7' 79.0' 79.0'128,691 SF118,691 SF108,691 SF98,691 SF88,691 SF78,691 SF68,691 SF58,691 SF48,691 SF38,691 SF18,691 SF33.3'L=49 .8'L=86.2'L=86.2'L=86.2'L=86.2'L=86.2'L=86.2'L=48.6'18.6'L6'6'=3233.9'9970.4'L27.4'15.8'LL==2L=40.5'L=71.8'L=71.8'L=71.8'L=71.8'L=711.88'L=71.8'L=41.5'110.0'110.0'LL==5599..55 ''110.0'110.0'110.0'110.0'110.0'110.0'110.0'110.0'110.0'110.0'110.0'110.0'110.0'110.0'110.0'110.0'110.0'110.0'110.0'110.0'10925,977 SF2.1'22222222222340.6'58.7'L=54.9'50.7'7550555550500000000050000000000500366.1'3333333331'''1140.5'L=2 922 .9'9970.2'L=32.9'59.3'91.3'L=30.1'L=16.8LL'88LLL116.6'L=50.1'141.7'45.8'92.5'104.2'L=35 .7 '115.4'L=36.2'107.1'7.1'7.1'114.2'116.8'L=35.3'79.7'5.3'.364.4'L=44.3'108.4'L=32.9'33.0'''L=16.8 'L88=88 33.5'L=3 7 .9 'L=41.4'L=36.0'L=50.6'100.5'L=16.8 '36.0'L=31.4'3378.1'96.7'39.1'L=25.6'8.8'8LL23.7'73.5'20.9'88L=15.12222L ==11=LL==1 LL9 .9'99L==688.1'147.0'120.2'80.3'20.4'23.4'145.5'53.0'45.3'120.1'72.6'10.7'108810,444 SF120.8'52.5'52.5'133.4'133.4'L=42.4'L=39.7'112.1'L=17.33'L=L1LL6LL.8=='8836.2'L=3133.4'44108.4'4488666688222222222139.9'L=17.88'65.3'117.3'L=36.8'47.5'L=49.5'L=44.1'33.7'138.2'91.7'LL..8888=8825.6'74.0'133.9'31.4'L=49.8'4.7'4125.7'74.5'74.0'40.1'L=43.50.7'7''125.3'FF2.6'6L=48.1'2.1'.119.7'FFL=22.44'37.8'74.0'74.0'142.5'FF49.1'L''=36.1'65.8'L=8..2'161.5'FFL=39.5'38.3'L=47.3'162.9'L=46.4'38.2'L55=5544.8'33L''==11.5'LL=21.9'36.0'143.2'68.1'75.4'127.2'L=17.66'59.5'27.5'L=32.28.9'22''L8.98.=9914.88'130.0'28.1'L''=39.0'L11=4400..8888.8833'''LL11=44==4444001880888933.9 'L=62.1'109.8'86.8'L=49.7'102.4'144.6'63.7'110.0'57.2'L=16.8'L1166=88388''3.6'L=85.4'70.4'14.2'1L=65.9'26.2'L.2.=2229.9 '54.7'10.7'66.6'77.3'7.2'770.1'77.3'110.0'80.8'110.0'80.8'110.0'80.8'73.6'110.0'80.8'3.7'777.1'110.0'0.2'.77.3'110.0'2.4'2..74.9'77.3'109.9'L=12.4'74.1'82.8'L=33.3'76.0'L=3133.4'4464.3'L 22.=1122222222 ===.7 LL'0.2'.2.L=170011222'2229.7'L=70.7'8.9'L33=45.0'PHASE 3 - 49 LOTSAS9LO399SSSS7111PHASE 1 - 23 LOTSPHASE 3 - 49 LOTSPHASE 2 - 37 LOTSPHASE 2 - 37 LOTSR55'55559PHASE 1 - 23 LOTSPHASE 3 - 49 LOTSOTPHHASSerrano HeightsA project in the City of Pasco, WAPreliminary plat for:July 25, 2018Date:0074.00JF Eng. Job #5220 S. Auburn PlKennewick, WA 99337(509) 551-8174 PHNwww.JFEngineering.proCIVIL ENGINEERINGPROJECT MANAGEMENTPLANNINGENGINEERING, PLLCChecked by: JEFDrawn by: KWETATEOFWASHNG T ON JOHNERICFETTER O L F DEDDREENIGNELANOIISSEFORP C100Scale V: N/AScale H: 1"=80'Know what'sR'C' LANECENTRAL CT.'D' LANEMASSEY DRIVEVALLEY VIEW PLACE'A' LANE'B' LANENORTH DRIVEW. NO R T H C T.CHAPEL HILL BLVD.E. NORTH CT.EXISTING 100' EASMENT117-510-039RIVERHAWK POINTE II PRELIMINARY PLATSERRANO HEIGHTS SUBDIVISIONLOCATED IN THE SE 1/4 OF SECTION 16, T 9 N, R 29 E OF THE WILLAMETTE MERIDIANPROPERTY BOUNDARY AND TOPOGRAPHICSURVEY PROVIDED BY HDJ, A DIVISION OF PBS,2017.BASIS OF BEARING IS: NAD83/91 WASHINGTON STATEPLANE, SOUTH ZONE HOLDING THE COORDINATES FORPOINT 1507 PER RECORD OF SURVEY NO. 3774, BEING ABRASS CAP IN CASE AT THE SOUTHWEST CORNER OFSECTION 16, T9N, R29E, W.M., LOCATED AT THEINTERSECTION OF ARGENT ROAD AND ROAD 84. THENGVD29 ELEVATION OF 390.12 AS LISTED BY CITY OF PASCO(PSI #53-16) FORTHIS MONUMENT WAS HELD.VERTICAL DATUM IS CITY OF PASCO DATUM, PSI10-33, ELEV: 357.65TAX ID # OF SUBJECT PARCEL: 117-510-036COMPREHENSIVE PLAN DESIGNATION: LOW-DENSITY RESIDENTIALLAND USE ZONING DESIGNATION: R-1 LOW DENSITY RESIDENTIALCURRENT PROPERTY USE: AGRICULTURALTOTAL PARCEL AREA:38.1 Ac, 1,659,196 SFPHASE 1: 23 LOTSPHASE 2: 37 LOTSPHASE 3: 49 LOTSTOTAL LOTS: 109AVERAGE LOT SIZE: 9,810 SFMIN. LOT SIZE: 7,306 SF (LOT 82)LARGEST LOT SIZE: 25,977 SF (LOT 109)R/W AREA: 346,375 SFANTICIPATED TO BEGIN CONSTRUCTION SPRING2019 AND COMPLETE BY 2023, DEPENDANT UPONMARKET CONDITIONS.PUBLIC STREETS, UTILITIES, AND STORMWATERPUBLIC STREETS WILL BE CONSTRUCTED TO CITYOF PASCO STANDARD 3-2A, LOCAL ACCESSSTREETS AND CUL-DE-SAC BULB. THIS SECTIONINCLUDES CURBS, GUTTERS, AND SIDEWALKS.CITY POTABLE WATER, IRRIGATION, ANDSANITARY SEWER WILL BE EXTENDED TO EACHLOT WITHIN THE PLAT. FIRE HYDRANTS WILL BEINSTALLED AND LOCATED PER THEREQUIREMENTS OF THE CITY FIRE CHIEF.SANITARY SEWER EXISTS WITHIN AN EASEMENTTHROUGH THIS PROJECT AND WILL BE UTILIZEDTO SERVE THIS PROJECT.STORMWATER RUNOFF WILL BE COLLECTEDFROM PUBLIC STREETS AND DISPOSED OF,ONSITE, IN LOCALIZED SUBSURFACEINFILTRATION SYSTEMS.STREET LIGHTS WILL BE INSTALLED PER THE CITYOF PASCO STANDARDS.PROPERTY AND PLAT STATISTICSLEGENDLOT #LOT TOTAL AREARESIDENTIALRIVER...ADJACENT USEADJACENT SUBDIVISION NAME117-510-033CO TAX ID #UNDEVELOPED(COMMERCIAL)30'30'30'30'117-510-167EXTG 10"IRRIGATIONPROP E RT Y B O U N D A R Y 117-510-038117-641-062117-641-071EXISTING 75'GAS EASEMENT FCID CANALFCID CANALEXISTING 50'CANAL ROWEXISTING 20'EASEMENT(RESIDENTIAL)(RESIDENTIAL)ROAD 76EXISTING IRRIGATIONPIVOTCHIAWANA PLACE PRELIMINARY PLAT117-510-037CHIAWANA HIGH SCHOOL117-590-010EXISTING 75'GAS EASEMENPROPERTY BOUNDARYPROPERTY BOUNDARYPROPERTY BOUNDARYCHAPEL HILL BLVD.30'30'30'30'30'30'30'30'30'110.0110 0110 0110 030'66R55'R55'R55'40'PROPERTY BOUNDARYAAAAAAAAAARARRRRRRRYRYRYYYYYYYY30'0'0000000030'EXISTING 30'EASEMENTEXISTING 24" SAN. SEWEREXISTING 24" SAN. SEWEREXISTING 30'G330GEASEMENTVICINITY MAP1" = 2,000'±RD 76RD 72RD 80ARGENT RD.I-182RD 84RD 68BURDEN BLVD.HILL BLVD.CHAPELLSITEEUNDEVELOPED(COMMERCIAL)UNDEVELOPED(OFFICE)40'UTILESMT7/25/18SSSSSSSTTTTTTJOEREERTSIGEGRE38322NELANOISSEFORPPPPPPPPPP Page 152 of 221 Looking NorthPage 153 of 221 Looking EastPage 154 of 221 Looking SouthPage 155 of 221 Looking WestPage 156 of 221 Chiawana HS to the Southwest of SitePage 157 of 221 Chapel Hill Boulevard Connect Point to NortheastPage 158 of 221 1 REPORT TO PLANNING COMMISSION MASTER FILE NO: PP 2018-007 HEARING DATE: 7/19/2018 ACTION DATE: 9/20/2018 APPLICANT: RP Development 6159 W Deschutes Ave Suite 509 Kennewick WA 99336 BACKGROUND REQUEST: Preliminary Plat: Serrano Heights, (104-Lot Single-Family Subdivision). 1. PROPERTY DESCRIPTION: Legal: Lot 4 of Record Survey #1847849 General Location: South of Future Chapel Hill Blvd between Roads 70 & 76 Property Size: 38.1 Acres Number of Lots Proposed: 109 single-family lots Square Footage Range of Lots: 7,306 ft² to 25,977 ft² Average Lot Square Footage: 9,810 ft² 2. ACCESS: The property is proposed to have access from Chapel Hill Boulevard, Road 76, and Massey Drive. 3. UTILITIES: Municipal sewer service is located in future Massey Drive extension along the southern portion of the site. Water service will be located primarily in Massey Drive and Chapel Hill Boulevard. 4. LAND USE AND ZONING: The site is zoned R-1 (Low-Density Residential). Surrounding properties are zoned and developed as follows: NORTH: C-1 Vacant; DNR Lease Property EAST: C-1; O; R-1 Vacant & Single-Family SOUTH: R-S-1 Vacant; Chiawana Place Subdivision WEST R-1 Vacant; Riverhawk Pointe II Subdivision 5. COMPREHENSIVE PLAN: The Comprehensive Plan indicates the site is intended for low-density residential development. According to the Comprehensive Plan, low-density residential development means 2 to 5 dwelling units per acre. The criteria for allocation under the future land use section of Volume II of the Comprehensive Plan (Vol. II, page 17) encourages development of lands designated for low-density residential uses when or where sewer is available; the location is suitable for home sites and there is a market demand for new home sites. Policy H-1-E encourages the advancement of home ownership, and Goal H-2 suggests the City strive to maintain a variety of housing options for residents of the community. Goal LU-2 encourages the maintenance of established neighborhoods and the creation of new neighborhoods that are safe and enjoyable places to live. Page 159 of 221 2 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based on the SEPA checklist, the adopted City Comprehensive Plan, City development regulations, and other information, a threshold determination resulting in a Mitigated Determination of Non-Significance (MDNS) has been issued for this project under WAC 197-11-158. ANALYSIS The project site is located south and west of property held in trust by the Department of Natural Resources (DNR), who expects to lease their land to commercial developers. Also to the east is the Valley View Addition, which is located in a County island and is built out with single-family homes. The property to the south has been preliminarily platted as the Chiawana Place subdivision and is zoned at a lower density (R-S-1; 10,000 square foot minimum lot size) as a transition between the R-1 on site and the lower density (RS-20) county areas to the south. Property directly to the west will be developed with future phases of the Riverhawk Pointe II subdivision, and further west along Massey Drive will be the Pasco School District Elementary School #16. The site was part of the Road 68 DNR property which sold off a few years ago. The applicant is seeking preliminary plat approval in preparation for the development of a single-family subdivision. The site was initially designated for low-density residential development under the 1982 Comprehensive Plan and again under the 1995 Plan and the updated Plan of 2008. The property is zoned R-1 (Low Density Residential). The proposed plat will provide additional lots within the Urban Growth Area (UGA) for single-family homes consistent with the Comprehensive Plan. The old DNR site is one of the few large remaining areas within the UGA to be developed. The proposed plat can be considered an infill development on property that was passed over during the time most of the I-182 Corridor was developed. The proposed plat was originally part of a larger parcel that extended easterly from Road 84 to the west boundary of Valley View Addition. Improvement of portions of Chapel Hill Boulevard to the north will be the responsibility of the developer of the proposed plat along with improvements for Road 76 and Valley View Place. Road 76 will become a collector arterial street that will connect south of the irrigation canal to Argent Road. As such the developer will be responsible for developing a portion of the canal crossing for Road 76. LOT LAYOUT: The proposed plat contains 109 residential lots. The lots vary in size from 7,306 to 25,977 square feet. The average lot size is 9,810 square feet. The proposal is consistent with the density requirements of the R-1 zoning on the site and the R-S-1 zoning to the south. The minimum lot size for the R-1 zone is 7,200 square feet. RIGHTS-OF-WAY: All lots have frontage on streets, which will be dedicated. The east half of Road 76 will be finished with this subdivision to match the Page 160 of 221 3 improvements in the future Riverhawk Pointe II subdivision. The developers of Riverhawk Pointe II will build the west side of the street. Improvements with this plat could also include the easterly extension of Chapel Hill Boulevard from Road 68. With Road 76 extending south to Argent Road the developer will need to participate in the construction of the canal crossing. UTILITIES: Municipal water service will need to be extended to the site from Road 84, Road 68, future Chapel Hill Boulevard, and/or future Chiawana Heights. All utility lines will be extended through the plat and must be guided by the Comprehensive Water, Sewer and Irrigation Plans. A sewer trunk line is located along the south portion of the site about 150 feet north of the FCID canal. A utility easement will be needed along the first 10 feet of street frontage of all lots. The final location and width of the easements will be determined during the engineering design phase. The front yard setbacks for construction purposes are larger than the requested easements; therefore the front yard easements will not diminish the buildable area of the lots. The City Engineer will determine the specific placement of fire hydrants and streetlights when construction plans are submitted. As a general rule, fire hydrants are located at street intersections and with a maximum interval of 500 feet between hydrants on alternating sides of the street. Streetlights are located at street intersections, with a maximum interval of less than 300 feet on residential streets, and with a maximum interval of 150 feet on arterial streets. The intervals for street light placements are measure along the centerline of the road. Street lights are placed on alternating sides of the street. STREET NAMES: The proposed street names will be approved by Staff and added prior to final plat approval. IRRIGATION: The municipal code requires the installation of irrigation lines as part of the infrastructure improvements. WATER RIGHTS: The assignment of water rights is a requirement for subdivision approval per Pasco Municipal Code Section 26.04.115(B) and Section 3.07.160. If no water rights are available to transfer to the City the property owner/developer must pay a water right fee in lieu thereof. FINDINGS OF FACT State law (RCW 58.17.010) and the Pasco Municipal Code require the Planning Commission to develop Findings of Fact as to how this proposed subdivision will protect and enhance the health, safety and general welfare of the community. The following is a listing of proposed "Findings of Fact:" Prevent Overcrowding: Density requirements of the R-1 zone are designed to address overcrowding concerns. The Comprehensive Plan suggests the property in question be developed with 2 to 5 dwelling units per acre. The proposed Plat Page 161 of 221 4 has a density of approximately 2.9 units per acre. No more than 40 percent of each lot is permitted to be covered with structures per the R-1 standards. Parks Opens Space/Schools: There are no City parks in the immediate vicinity, however; the School District has express a desire to work with the City on the development of a park on the school site west of Road 80. City parks have been co-located with McGee, Franklin, McClintock, Maya Angelo and Whitter schools. A park impact fee will be assessed at the time permits are issued for each house in the subdivision to help cover the cost of the future park. The City is required by RCW 58.17.110 to make a finding that adequate provisions are being made to ameliorate the impacts of the proposed subdivision on the School District. At the request of the School District the City enacted a school impact fee in 2012. The imposition of this impact fee addresses the requirement to ensure there are adequate provisions for schools. A school impact fee in the amount of $4,700 will be charged for each new dwelling unit at the time of building permit issuance. Effective Land Use/Orderly Development: The Plat is laid out for single- family development as identified in the Comprehensive Plan. The maximum density permitted under the Comprehensive Plan is 5 dwelling units per acre. The developer is proposing a density of approximately 2.9 units per acre. The proposed development will include improvements to both Road 76 and Chapel Hill Boulevard. Safe Travel & Walking Conditions: The plat will connect to the community through the existing network of streets. Sidewalks are installed at the time homes are built on individual lots. The sidewalks will be constructed to current City standards and to the standards of the American’s with Disabilities Act (ADA). The ADA ramps at the corners of all intersection will be installed with the construction of the road improvements and the sidewalks along Chapel Hill Boulevard and Road 76 will be installed with the infrastructure improvements. Adequate Provision of Municipal Services: All lots within the Plat will be provided with water, sewer and other utilities. Provision of Housing for State Residents: This Preliminary Plat contains 109 residential building lots, providing an opportunity for the construction of 109 new dwelling units in Pasco. Adequate Air and Light: The maximum lot coverage limitations, building height restrictions and building setbacks will assure that adequate movement of air and light is available to each lot. Proper Access & Travel: The streets through and adjoining the Plat will be paved and developed to City standards to assure proper access is maintained to each lot. Connections to the community will be provided by Road 76, Chapel Hill Boulevard, and Massey Drive. The Preliminary Plat was submitted to the Page 162 of 221 5 Transit Authority for review (The discussion under “Safe Travel” above applies to this section also). At this time there is no guarantee that Chapel Hill will connect to Roads 68 or 84, thus limiting access to the Plat. Development of Chapel Hill Boulevard all the way through from Road 68 to Road 84 via the LID process between all property owners along said route should be a condition of Plat approval. The LID has been formed by city Council action; however there is a 30-day protest period which expires on September 19, 2018. Valley View Place is currently a dead-end road located in a Franklin County island off of Road 68 and was aligned with the future extension of Massey Drive. During most hours of the day and particularly at rush hour it is very difficult to make left turns in or out of the street, and doing so can be dangerous. As well, the Valley View Place intersection is located close to two signaled intersections on Road 68, namely Chapel Hill Boulevard and Argent Road. Adding more ingress/egress traffic at this location would likely snarl traffic at that location, necessitating installation of a traffic signal. Adding another signaled intersection this close to the two existing signals may also compound traffic issues along Road 68. Applicant has adjusted their plat as per Staff recommendation so that Massey Drive has been re-routed north to connect to future Chapel Hill Boulevard to avoid a direct connection to Valley View Place. A traffic analysis is needed to address the above issues, specifically how and where plat access should occur, and what improvements should be required at Argent Road, Chapel Hill Boulevard, Roads 68 and 84, at the very least. Comprehensive Plan Policies & Maps: The Comprehensive Plan designates the Plat site for low-density residential development. Policies of the Comprehensive Plan encourage the advancement of home ownership and suggest the City strive to maintain a variety of housing for residents. Other Findings:  The site is within the Pasco Urban Growth Boundary.  The State Growth Management Act requires urban growth and urban densities to occur within the Urban Growth Boundaries.  The site is relatively flat with undulations and slopes toward the south.  The site is currently vacant.  The site is not considered a critical area, a mineral resource area or a wetland.  The Comprehensive Plan identifies the site for low-density residential development.  Low-density residential development is described in the Comprehensive Plan as two to five dwelling units per acre. Page 163 of 221 6  The site is zoned R-1 (Low Density Residential).  The developer is proposing approximately 2.9 dwelling units per acre.  The Housing Element of the Comprehensive Plan encourages the advancement of programs that promote home ownership and development of a variety of residential densities and housing types.  The Transportation Element of the Comprehensive Plan encourages the interconnection of neighborhood streets to provide for the disbursement of traffic.  The interconnection of neighborhood streets is necessary for utility connections (looping) and the provision of emergency services.  Per the ITE Trip Generation Manual 8th Addition the proposed subdivision, when fully developed, will generate approximately 995 vehicle trips per day.  The current traffic impact fee is $709 per dwelling unit. The impact fees are collected at the time permits are issued and said fees are used to make traffic improvements and add traffic signals in the I-182 Corridor when warranted.  The current park impact fee is $1,420 per dwelling unit. The fee can be reduced by 58 percent if a developer dedicates a five acre park site to the City. The dedication of a fully constructed park reduces the fee by 93 percent.  RCW 58.17.110 requires the City to make a finding that adequate provisions have been made for schools before any preliminary plat is approved.  The City of Pasco has adopted a school impact fee ordinance compelling new housing developments to provide the School District with mitigation fees. The fee was effective April 16, 2012.  Past correspondence from the Pasco School District indicates impact fees address the requirement to ensure adequate provisions are made for schools.  Plat improvements within the City of Pasco are required to comply with the 2015 Standard Drawings and Specification as approved by the City Engineer. These improvements include but are not limited to water, sewer and irrigation lines, streets, street lights and storm water retention. The handicapped-accessible pedestrian ramps are completed with the street and curb improvements prior to final plat approval. Sidewalks are installed at the time permits are issued for new houses, except sidewalks along major streets, which are installed with the street improvements.  Water lines and fire hydrants are required to be looped.  Per PMC 12.36.050 the developer must extend all utilities to and through the subject parcel. Page 164 of 221 7  All engineering designs for infrastructure and final plat(s) drawings are required to utilize the published City of Pasco Vertical Control Datum.  All storm water generated from a developed plat is required to be disposed of per City and State codes and requirements. Prior to the City of Pasco accepting construction plans for review the developer is required to enter into a Storm Water Maintenance Agreement with the City. The developer is responsible for obtaining the signatures of all parties required on the agreement and to have the agreement recorded with the Franklin County Auditor. The original signed and recorded copy of the agreement is presented to the City of Pasco at the intake meeting for construction plans.  Storm water runoff and infiltration calculations must comply with the Storm Water Management Manual for Easter Washington, they must be provided for review and approval. Storm water calculations must be prepared, stamped, signed and dated by a currently licensed Professional Engineer registered in the State of Washington.  The assignment of water rights is a requirement for subdivision approval per Pasco Municipal Code Section 26.04.115(B) and Section 3.07.160.  The developer is responsible for all costs associated with construction, inspection, and plan review service expenses incurred by the City Engineering Office.  The developer is responsible for installing irrigation lines, which shall be installed per City of Pasco Standard Detail 3-1. Irrigation mains shall be required along Chapel Hill Boulevard, Road 76, and all internal streets.  The City has nuisance regulations (PMC 9.60) that require property owners (including developers) to maintain their properties in a manner that does not injure, annoy, or endanger the comfort and repose of other property owners. This includes controlling dust, weeds and litter during times of construction for both subdivisions and buildings including houses.  Prior to acceptance of final plats developers are required to prepare and submit record drawings. All record drawings shall be created in accordance with the requirements detailed in the Record Drawing Requirements and Procedure form provided by the Engineering Division. This form must be signed by the developer prior to construction plan approval.  The final plat will contain 10-foot utility easements parallel to all streets. Additional easement will be provided as needed by utility providers.  Road 76 will become a collector arterial street connecting Chapel Hill Boulevard with Argent Road. This connection will require a crossing over the FCID canal. The developer will be responsible for a portion (one quarter) of the canal crossing costs and dedication of appropriate right- of-way. Page 165 of 221 8  The Comprehensive Water Plan calls for a 12 inch line running north and south in Road 76 with a 12 inch connection west to Road 84.  The Irrigation Master Plan calls for a 12 inch line running north and south in Road 80.  To properly serve the proposed subdivision one or more pressure reducing valves may be needed. The design and installation of which is typically the responsibility of the developer. CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT Before recommending approval or denial of the proposed Plat the Planning Commission must develop findings of fact from which to draw its conclusion (P.M.C. 26.24.070) therefrom as to whether or not: (1) Adequate provisions are made for the public health, safety and general welfare and for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds, transit stops, schools and school grounds, sidewalks for safe walking conditions for students and other public needs; The proposed plat will be required to develop under the standards of the Pasco Municipal Code and the standard specifications of the City Engineering Division. These standards for streets, sidewalks, and other infrastructure improvements were designed to ensure the public health; safety and general welfare of the community are secured. These standards include provisions for streets, drainage, water and sewer service and the provision for dedication of right-of-way. The preliminary plat was forwarded to the PUD, the Pasco School District, Cascade Gas, Charter Cable, franklin County Irrigation District and Ben-Franklin Transit Authority for review and comment. The proposed plat has the potential to be partially or wholly “landlocked” if adequate provision for connections to Argent Road, Roads 68 and 84 and future Chapel Hill Boulevard. The approval conditions need to provide for a solution to this potential. Based on the School Districts Capital Facilities Plan the City collects school mitigation fees for each new dwelling unit. The fee is paid at the time of building permit issuance. The school impact fee addresses the requirements of RCW 58.17.110. City parks are located in the subdivisions to the west and southwest of the site. All new developments participate in establishing parks through the payment of park fees at the time of permitting. (2) The proposed subdivision contributes to the orderly development and land use patterns in the area; The proposed Plat makes efficient use of vacant land and will provide for the looping of utilities and interconnectivity of streets as supported in the Comprehensive Plan. The proposed subdivision will provide arterial street Page 166 of 221 9 improvements along Chapel Hill Boulevard and connect to Argent Road via Road 76. (3) The proposed subdivision conforms to the policies, maps and narrative text of the Comprehensive Plan; The Comprehensive Plan land use map designates the site for low-density residential development. Low-density residential development is described as 2 to 5 dwelling units per acre in the Comprehensive Plan. The Housing Element of the Plan encourages the promotion of a variety of residential densities and suggests the community should support the advancement of programs encouraging home ownership. The Transportation Element of the Plan suggests major streets should be beautified with trees and landscaping. The Plan also encourages the interconnection of local streets for inter-neighborhood travel for public safety as well as providing for traffic disbursement. (4) The proposed subdivision conforms to the general purposes of any applicable policies or plans which have been adopted by the City Council; Development plans and policies have been adopted by the City Council in the form of the Comprehensive Plan. The proposed subdivision conforms to the policies, maps and narrative text of the Plan as noted in number three above. (5) The proposed subdivision conforms to the general purposes of the subdivision regulations. The general purposes of the subdivision regulations have been enumerated and discussed in the staff analysis and Findings of Fact. The Findings of Fact indicate the subdivision is in conformance with the general purposes of the subdivision regulations provided certain mitigation measures (i.e., school impact fees are paid). (6) The public use and interest will be served by approval of the proposed subdivision. The proposed Plat, if approved, will be developed in accordance with all City standards designed to ensure the health, safety and general welfare of the community are met. The Comprehensive Plan will be implemented through development of this Plat. These factors will ensure the public use and interest are served. TENTATIVE PLAT APPROVAL CONDITIONS 1. No utility vaults, pedestals, or other obstructions will be allowed at street intersections. 2. All corner lots and other lots that present difficulties for the placement of yard fencing shall be identified in the notes on the face of the final plat(s). Page 167 of 221 10 3. The developer shall install common "Estate" type fence/wall six-feet in height along Chapel Hill Boulevard and Road 76 as a part of the infrastructure improvements associated with the plat. The fence/wall must be constructed of masonry block. A fencing detail must be included on the subdivision construction drawings. An approved vision triangle at the intersection of streets will be required. Following construction of the masonry fence/wall the City may make repairs or replace the fencing as needed. Property owners adjoining said fence shall be responsible for payment of all costs associated with maintenance and upkeep of the fence/wall. These fencing requirements shall be noted clearly on the face of the final plat(s). A concrete mow strip shall be installed under any common fence as directed by the City Parks Division and shall be approved by the Parks Department prior to installation. Alternative designs may be considered and accepted by the Director of Community & Economic Development. 4. Excess right-of-way along Road 76 and Chapel Hill Boulevard must be landscaped. Said landscaping shall include irrigation, turf, and trees. Trees shall be planted at 50 foot intervals. The species of the trees will be determined by the Parks Department. All landscaping and irrigation plans shall be reviewed and approved by the Parks Department prior to installation. Water usage for City right-of-way landscaping shall come from a source approved by the City of Pasco with the connection and meter fees paid for by the developer. 5. The sidewalks on Road 76 and Chapel Hill Boulevard shall be offset to accommodate the planting strip required in Number 4 above. 6. The developer/builder shall pay the City a "common area maintenance fee" of $475 per lot upon issuance of building permits for homes. These funds shall be placed in a fund and used to finance the maintenance of arterial boulevard strips. The City shall not accept maintenance responsibility for the landscaping abutting said streets until such time as all fees are collected for each phase that abut said streets. 7. Lots abutting Road 76 and Chapel Hill Boulevard shall not have direct access to said streets. Access shall be prohibited by means of deed restrictions and/or statements on the face of the final plat(s). 8. The final plat(s) shall contain a 10-foot utility easement parallel to all streets unless otherwise required by the Franklin County PUD. 9. The owner/developer is responsible for one quarter of the cost of installing the Road 76 canal crossing, but based upon the need to connect to Argent Road, may be required to build the crossing at the time of the development with the expectation of reimbursement through a future latecomer’s agreement. This contribution shall be in the form a cash deposit to the City in an amount determined by the City Engineer to ensure the completion of the canal crossing. Said deposit must be Page 168 of 221 11 accompanied by a signed development agreement ensuring the developer's full proportionate share of the crossing is covered in the event the initial deposit falls short of the final construction costs. The owner/ developer must sign a non-protest agreement to the formation of an LID to cover the cost of the share of the canal crossing. Said non-protest agreement may also include the development's share of the required Road 76 improvements. The non-protest agreement shall be recorded, run with the property and be binding upon successors in the property ownership and must be executed within 10 days of Preliminary Plat approval by City Council. The formation and approval of an LID for these improvements shall be deemed sufficient for the fulfilment of this condition. 10. The owner/developer must sign a non-protest agreement to the formation of an LID for the construction of Chapel Hill Boulevard and/or Road 76. The non-protest agreement shall be recorded, run with the property and be binding upon successors in the property ownership and must be executed within 10 days of Preliminary Plat approval by City Council. The formation, approval of and participation in an LID for these improvements shall be deemed sufficient for the fulfilment of the Chapel Hill Boulevard portion of this condition 11. The developer shall prepare a traffic study in accordance with standard practices—the scope and results of which must be approved by the City. The study must consider impacts both with and without a Chapel Hill Boulevard connection to Road 68, and with and without a Valley view connection to Road 68. The cumulative impacts of the proposed subdivision must be considered on the capacity of the intersections of Road 76 and Argent Road, Massey Drive and Road 68, Chapel Hill Boulevard and Road 68, and Road 68 and Argent at minimum. The Traffic study must recommend necessary improvements to address capacity issues and the efficient diffusion of traffic through the neighborhood. These recommendations may include participation in the installation of a traffic signal at Argent/Road 76; construction of a roundabout at Road 76 and Chapel Hill, construction of a canal crossing as identified in condition #9 above, and any other mitigation efforts outlined by the results of said traffic study. The results and recommendations of the traffic study—once approved by the City—shall become conditions upon the preliminary plat and must be implemented prior to final plat approval. The formation, approval of and participation in an LID for Chapel Hill Boulevard shall be deemed sufficient for the fulfilment of this condition. 12. The developer shall provide the necessary right-of-way at the southeast corner of Road 76 and Chapel Hill Boulevard for a roundabout at said intersection. Page 169 of 221 12 13. The final plat(s) shall contain the following Franklin County Public Utility District statement: "The individual or company making improvements on a lot or lots of this Plat is responsible for providing and installing all trench, conduit, primary vaults, secondary junction boxes, and backfill for the PUD's primary and secondary distribution system in accordance with PUD specifications; said individual or company will make full advance payment of line extension fees and will provide all necessary utility easements prior to PUD construction and/or connection of any electrical service to or within the plat." RECOMMENDATION MOTION: I move to close the hearing on the proposed preliminary plat and to adopt Findings of Fact and Conclusions therefrom as contained in the September 20, 2018 staff report. MOTION: I move based on the Findings of Fact and Conclusions, as adopted, the Planning Commission recommend the City Council approve the Preliminary Plat for Serrano Heights, with conditions as listed in the September 20, 2018 staff report. Page 170 of 221 OverviewMapItem: Serrano Heights Preliminary PlatApplicant: RP DevelopmentFile #: PP 2018-007SITE0 500 1000 1500 2000FeetPage 171 of 221 VicinityMapItem: Serrano Heights Preliminary PlatApplicant: RP DevelopmentFile #: PP 2018-007SITE0 300 600 900 1200FeetPage 172 of 221 Land UseMapItem: Serrano Heights Preliminary PlatApplicant: RP DevelopmentFile #: PP 2018-007SITE0 300 600 900 1200FeetNew SFResidentialDevelopmentProposedElementarySchoolMH ParkChiawanaHighSchoolVacant--Platted forSF ResidentialDevelopmentVacant--Platted for SFResidentialDevelopmentVacantCommercialMulti-FamilySFDUsSFDUs(County)SFDUsSFDUs (County)SFDUsVac.Vac.FSCommercialPage 173 of 221 ZoningMapItem: Serrano Heights Preliminary PlatApplicant: RP DevelopmentFile #: PP 2018-007SITE0 300 600 900 1200FeetR-1RPC-1C-1R-4R-1RS-20(County)RS-12RS-20 (County)RS-20C-1C-1"O"RS-20RS-1R-3R-3Page 174 of 221 210,025 SF510,025 SF410,025 SF310,025 SF110,025 SF838,671 SF808,954 SF919,062 SF908,979 SF898,976 SF888,976 SF878,792 SF868,976 SF859,551 SF848,976 SF8210,144 SF7411,567 SF768,954 SF778,954 SF788,954 SF798,954 SF819,895 SF668,503 SF6411,146 SF7211,406 SF718,503 SF708,503 SF698,543 SF688,503 SF678,503 SF6511,186 SF5811,158 SF599,568 SF609,592 SF619,718 SF629,592 SF1009,623 SF1049,623 SF1039,623 SF1029,623 SF1019,623 SF999,623 SF9510,778 SF989,800 SF979,800 SF969,800 SF949,925 SF9311,470 SF5710,392 SF5210,117 SF399,686 SF5510,315 SF5610,477 SF5410,117 SF539,020 SF4410,158 SF4210,873 SF419,001 SF409,947 SF389,999 SF4310,531 SF4510,165 SF5011,086 SF5111,086 SF4713,080 SF4810,541 SF4911,182 SF4610,098 SF1220,570 SF119,728 SF1010,278 SF911,869 SF812,852 SF713,562 SF69,346 SF3716,568 SF7313,856 SF9211,295 SF759,455 SF639,546 SF3610,441 SF2313,829 SF2910,014 SF3011,390 SF3116,994 SF3210,479 SF338,362 SF348,428 SF359,448 SF288,154 SF278,595 SF269,603 SF2510,968 SF2413,304 SF168,580 SF178,580 SF188,580 SF198,580 SF208,580 SF1311,280 SF218,580 SF148,580 SF2211,405 SF158,580 SFL=44.4'L=2 4.9'73.0'110.0'55.8'L=37.5'13.8'L=34.4'19.5'78.0'78.0'110.0'78.0'78.0'110.0'78.0'78.0'110.0'78.0'78.0'110.0'78.0'78.0'110.0'78.0'78.0'110.0'78.0'78.0'110.0'78.0'78.0'110.0'17.5'119.8'127.5'L=61.0'136.9'60.2'69.0'83.7'L=91.0'120.0'L=30.6'40.0'L=31.4'58.0'L=29.4'97.6'L=45.0'L=19.9 'L=52.6'133.4'88.7'L =5 6 .8'134.4'L=48.1'163.5'L=51.6'L=41.8'L=141.2'91.6'L=51.4'L=59.5 'L=115.4'110.0'L=9.5'L=1 4 .2'L=102.4'110.0'L=79.9'L=31.7 '62.9'110.0'62.9'L=24.7 '91.1'110.0'91.1'76.0'L=13.8'110.0'L=16 .6'76.0'L=63.2'L=29.7'70.2'L=33.0'L=82.2'110.0'L=78.3'L=33.0'70.2'L=29.7'L=59.9'L=79.5'110.0'L=95.4'L=79.5'110.0'L=95.4'L=79.5'110.0'L=95.4'L=40.8'42.6'110.0'42.6'L=49.0'87.5'110.0'87.5'86.6'L=54.4'L=16.8'29.4'106.2'129.1'L=42.8'124.1'29.6'106.0'L =4 6.4'142.9'137.7'L=36.3'111.4'24.4'16.2'102.8'L=45.4'144.2'82.4'111.7'L=32.9'33.0'L=16.8 'L=39.9'105.0'102.8'L=35.8'L=16.8'36.2'L=31.4'L=49.0'147.7'L=40 .6 '134.3'101.4'L=54.6'79.0'53.0'27.2'97.5'L=51.9'16.7'78.0'102.3'103.8'L=33.4'7.0'69.4'110.5'56.1'L=16.8 '110.5'91.9'8.1'84.0'110.5'91.9'91.9'90.5'L=31.4'76.1'5.0'91.0'L=31.4'64.3'L=15.1'23.4'111.0'74.2'113.7'17.1'L=48.3'1.8'125.5'83.2'123.6'77.3'96.7'74.9'83.1'L=3.8'L=15.3'135.7'L=15.6'L=0.5'38.6'L=54.9'58.7'134.1'102.2'134.1'61.3'127.7'74.0'74.0'127.7'L=17.0'57.0'43.3'L=14.5'128.4'59.0'L=15.1'L=42.1'14.5'133.1'74.0'75.9'150.1'L=69.2'5.9'37.1'L=57.9'38.2'L=4.8'161.5'L=8.2'L=39.5'38.3'142.5'65.8'49.1'L=36.1'119.7'74.0'L=22.4'37.8'125.3'74.0'2.6'L=48.1'2.1'125.7'40.1'L=43.5'0.7'74.5'133.9'74.0'31.4'L=49.8'4.7'138.2'74.0'91.7'L=25.6'139.9'L=44.1'33.7'L=17.8'65.3'117.3'L=36.8'47.5'L=49.5'L=31.4'90.0'92.7'110.0'72.8'2.6'79.4'110.0'82.0'15.9'83.3'L=65.9'26.2'L=29.9 '69.3'110.0'70.1'L=16.8'L=33.6'L=85.4'110.0'95.2'90.0'L=3 1.4'75.2'57.1'L=39.0'L=6.0'98.3'19.4'59.4'110.0'8.6'L=22.7'110.0'86.4'38.9'48.3'110.0'87.2'29.0'58.2'110.0'88.3'19.1'69.3'110.0'87.2'8.0'77.7'1.5'75.8'11.2'110.0'87.0'66.1'36.2'26.6'L=103.0'L=28 .5 'L=43.1'9.7'110.0'70.1'L=45.5'L=36.0'L=103.0'110.0'77.3'110.0'77.3'110.0'77.7'110.0'77.3'110.0'77.3'110.0'77.3'98.8'L=2 8.1'15.6'L=25.0'25.0'110.0'37.6'L=16.7'16.1'L=27.5'95.8'63.9'24.8'4.8'74.1'7.3'110.0'81.4'74.3'7.1'110.0'81.4'79.7'1.7'110.0'81.4'79.9'1.5'110.0'81.4'78.4'3.0'110.0'81.4'110.4'81.4'78.6'11.9'69.7'57.0'130.1'L=45.7'33.2'L=109.0'L=27.5'L=55.1'24.6'3.4'25.6'90.0'90.0'L=7.8 '118.3'L=23.5'58.0'L=31.4 '110.0'35.3'L=97.4'110.0'81.6'110.0'81.6'110.0'81.6'110.0'79.9'110.0'81.6'110.0'86.8'110.0'81.6'110.0'78.8'82.1'L=12.0'L=3 6.8'3.4'L=56.3'8.4'6688884466.800TRACT ATRTR4,487 SF42.1'222143.4'64.4'487 487 139.8'PHASEHASSE 2 - 31 LOTSLOT-11SESESS001111PHASE 1 - 24 LOTSPHASE 3 - 30 LOTSPHASE 3 - 30 LOTSPHASE 4 - 19 LOTSSerrano HeightsA project in the City of Pasco, WAPreliminary plat for:May 25, 2018Date:0074.00JF Eng. Job #5220 S. Auburn PlKennewick, WA 99337(509) 551-8174 PHNwww.JFEngineering.proCIVIL ENGINEERINGPROJECT MANAGEMENTPLANNINGENGINEERING, PLLCChecked by: JEFDrawn by: KWETATEOFWASHNG T ON JOHNERICFETTER O L F DEDDREREENIGNELANOIISSEFORP C100Scale V: N/AScale H: 1"=80''C' LANECENTRAL DRIVECENTRAL CT.'D' LANEVALLEY VIEW PLACEVALLEY VIEW PLACE'A' LANE'B' LANENORTH DRIVEW. NO R T H C T.CHAPEL HILL BLVD.E. NORTH CT.EXISTING 100' EASMENT117-510-039RIVERHAWK POINTE II PRELIMINARY PLATSERRANO HEIGHTS SUBDIVISIONLOCATED IN THE SE 1/4 OF SECTION 16, T 9 N, R 29 E OF THE WILLAMETTE MERIDIANPROPERTY BOUNDARY AND TOPOGRAPHICSURVEY PROVIDED BY HDJ, A DIVISION OF PBS,2017.BASIS OF BEARING IS: NAD83/91 WASHINGTON STATEPLANE, SOUTH ZONE HOLDING THE COORDINATES FORPOINT 1507 PER RECORD OF SURVEY NO. 3774, BEING ABRASS CAP IN CASE AT THE SOUTHWEST CORNER OFSECTION 16, T9N, R29E, W.M., LOCATED AT THEINTERSECTION OF ARGENT ROAD AND ROAD 84. THENGVD29 ELEVATION OF 390.12 AS LISTED BY CITY OF PASCO(PSI #53-16) FORTHIS MONUMENT WAS HELD.VERTICAL DATUM IS CITY OF PASCO DATUM, PSI10-33, ELEV: 357.65TAX ID # OF SUBJECT PARCEL: 117-510-036COMPREHENSIVE PLAN DESIGNATION: LOW-DENSITY RESIDENTIALLAND USE ZONING DESIGNATION: R-1 LOW DENSITY RESIDENTIALCURRENT PROPERTY USE: AGRICULTURALTOTAL PARCEL AREA:38.1 Ac, 1,659,196 SFPHASE 1: 24 LOTSPHASE 2: 31 LOTSPHASE 3: 30 LOTSPHASE 4: 19 LOTSTOTAL LOTS: 104AVERAGE LOT SIZE: 10,186 SFMIN. LOT SIZE: 8,154 SF (LOT 28)LARGEST LOT SIZE: 20,571 SF (LOT 12)R/W AREA: 359,350 SFANTICIPATED TO BEGIN CONSTRUCTION SPRING2019 AND COMPLETE BY 2023, DEPENDANT UPONMARKET CONDITIONS.PUBLIC STREETS, UTILITIES, AND STORMWATERPUBLIC STREETS WILL BE CONSTRUCTED TO CITYOF PASCO STANDARD 3-2A, LOCAL ACCESSSTREETS AND CUL-DE-SAC BULB. THIS SECTIONINCLUDES CURBS, GUTTERS, AND SIDEWALKS.CITY POTABLE WATER, IRRIGATION, ANDSANITARY SEWER WILL BE EXTENDED TO EACHLOT WITHIN THE PLAT. FIRE HYDRANTS WILL BEINSTALLED AND LOCATED PER THEREQUIREMENTS OF THE CITY FIRE CHIEF.SANITARY SEWER EXISTS WITHIN AN EASEMENTTHROUGH THIS PROJECT AND WILL BE UTILIZEDTO SERVE THIS PROJECT.STORMWATER RUNOFF WILL BE COLLECTEDFROM PUBLIC STREETS AND DISPOSED OF,ONSITE, IN LOCALIZED SUBSURFACEINFILTRATION SYSTEMS.STREET LIGHTS WILL BE INSTALLED PER THE CITYOF PASCO STANDARDS.PROPERTY AND PLAT STATISTICSLEGENDLOT #LOT TOTAL AREARESIDENTIALRIVER...ADJACENT USEADJACENT SUBDIVISION NAME117-510-033CO TAX ID #UNDEVELOPED(COMMERCIAL)30'30'30'30'30'30'117-510-167EXTG 10"IRRIGATIONPROP E RT Y B O U N D A R Y 117-510-038117-641-062117-641-071EXISTING 75'GAS EASEMENT FCID CANALFCCIDCANALFCID CANALFCIDCCANALEXISTING 50'CANAL ROWEXISTING 20'EASEMENT(RESIDENTIAL)(RESIDENTIAL)ROAD 76EXISTING IRRIGATIONPIVOTCHIAWANA PLACE PRELIMINARY PLAT117-510-037CHIAWANA HIGH SCHOOL117-590-010EXISTING 75'GAS EASEMENPROPERTY BOUNDARYPROPERTY BOUNDARYPROPERTY BOUNDARYCHAPEL HILL BLVD.30'30'30'30'30'30'30'30'30'30'R55'R55'R55'40'PROPERTY BOUNDARY30'0'30'EXISTING 30'EASEMENTEXISTING 24" SAN. SEWEREXISTING 24" SAN. SEWEREXSTNGG 244 SAN. SEWEREXISTING 30'G330XEASEMENTEVICINITY MAP1" = 2,000'±RD 76RD 72RD 80ARGENT RD.I-182RD 84RD 68BURDEN BLVD.HILL BLVD.CHAPELLSITEEUNDEVELOPED(COMMERCIAL)UNDEVELOPED(OFFICE)SSSSSTTTTTTTTTATTJOEREERTSIGEGRE38322ELANOISSEFORPPPPP 5/25/18Page 175 of 221 318,671 SF488,954 SF399,062 SF388,979 SF378,976 SF368,976 SF358,792 SF348,976 SF339,551 SF328,976 SF3010,144 SF4211,567 SF448,954 SF458,954 SF468,954 SF478,954 SF499,895 SF518,503 SF6411,146 SF5711,406 SF568,503 SF558,503 SF548,543 SF538,503 SF528,503 SF5011,186 SF5811,158 SF599,568 SF609,592 SF619,718 SF629,592 SF1920,570 SF189,728 SF1710,278 SF1611,869 SF1512,852 SF1413,562 SF139,346 SF,9999979 SSSSSSSSF4113,856 SF66SF4011,295 SF439,455 SF639,546 SF238,580 SF248,580 SF258,580 SF268,580 SF278,580 SF2011,280 SF288,580 SF218,580 SF2911,405 SF228,580 SF8555558L=44.4'L=2 4.9'73.0'110.0'55.8'L=37.5'13.8'L=34.4'19.5'78.0'78.0'110.0'78.0'78.0'110.0'78.0'78.0'110.0'78.0'78.0'110.0'78.0'78.0'110.0'78.0'78.0'110.0'78.0'78.0'110.0'78.0'78.0'110.0'17.5'119.8'127.5'L=61.0'136.9'60.2'69.0'83.7'L=91.0'120.0'L=30.6'40.0'L=31.4'58.0'L=29.4'97.6'L=45.0'L=19.9 'L=52.6'133.4'88.7'L =5 6 .8'134.4'L=48.1'163.5'L=51.6'L=41.8'L=141.2'91.6'L=51.4'91.6'L=115.4'110.0'L=9.5'L=1 4 .2'57.1'L=39.0'L=6.0'98.3'19.4'59.4'110.0'8.6'L=22.7'110.0'86.4'38.9'48.3'110.0'87.2'29.0'58.2'110.0'88.3'19.1'69.3'110.0'87.2'8.0'77.7'1.5'75.8'11.2'110.0'87.0'66.1'36.2'26.6'L=103.0'L=28 .5 'L=43.1'9.7'110.0'70.1'L=45.5'L=36.0'L=103.0'110.0'77.3'110.0'77.3'110.0'77.7'110.0'77.3'110.0'77.3'110.0'77.3'98.8'L=2 8.1'15.6'L=25.0'25.0'110.0'37.6'L=16.7'16.1'L=27.5'95.8'63.9'24.8'4.8'74.1'7.3'110.0'81.4'74.3'7.1'110.0'81.4'79.7'1.7'110.0'81.4'79.9'1.5'110.0'81.4'78.4'3.0'110.0'81.4'110.4'81.4'78.6'11.9'69.7'57.0'130.1'L=45.7'33.2'L=109.0'L=27.5'L=55.1'24.6'3.4'25.6'90.0'90.0'L=7.8 '118.3'L=23.5'58.0'L=31.4 '110.0'35.3'L=97.4'110.0'81.6'110.0'81.6'110.0'81.6'110.0'79.9'110.0'81.6'110.0'86.8'110.0'81.6'110.0'78.8'82.1'L=12.0'L=3 6.8'3.4'L=56.3'8.4'898,264 SF908,015 SF9417,038 SF76.3'919,479 SF9210,542 SF939,644 SF869,748 SF878,231 SF979,612 SF10813,829 SF10713,304 SF10610,968 SF1059,603 SF1048,595 SF1038,154 SF10210,014 SF10111,390 SF10011,174 SF9910,243 SF9810,145 SF9513,632 SF968,833 SF668,888 SF788,504 SF718,888 SF708,888 SF698,888 SF688,888 SF678,888 SF658,888 SF728,504 SF738,504 SF748,504 SF758,504 SF768,504 SF778,504 SF110.0'110.0'110.0'110.0'110.0'110.0'110.0'110.0'8310,691 SF799,580 SF808,543 SF819,392 SF827,306 SF859,940 SF848,621 SF107.1'103.7'.28,691 SF33.3'79.0'79.0' 38.7'L=45.3'L=88.8'110.0'L=69.2'L=35.4'38.7' 79.0' 79.0'128,691 SF118,691 SF108,691 SF98,691 SF88,691 SF78,691 SF68,691 SF58,691 SF48,691 SF38,691 SF18,691 SF33.3'L=49 .8'L=86.2'L=86.2'L=86.2'L=86.2'L=86.2'L=86.2'L=48.6'18.6'L6'6'=3233.9'9970.4'L27.4'15.8'LL==2L=40.5'L=71.8'L=71.8'L=71.8'L=71.8'L=711.88'L=71.8'L=41.5'110.0'110.0'LL==5599..55 ''110.0'110.0'110.0'110.0'110.0'110.0'110.0'110.0'110.0'110.0'110.0'110.0'110.0'110.0'110.0'110.0'110.0'110.0'110.0'110.0'10925,977 SF2.1'22222222222340.6'58.7'L=54.9'50.7'7550555550500000000050000000000500366.1'3333333331'''1140.5'L=2 922 .9'9970.2'L=32.9'59.3'91.3'L=30.1'L=16.8LL'88LLL116.6'L=50.1'141.7'45.8'92.5'104.2'L=35 .7 '115.4'L=36.2'107.1'7.1'7.1'114.2'116.8'L=35.3'79.7'5.3'.364.4'L=44.3'108.4'L=32.9'33.0'''L=16.8 'L88=88 33.5'L=3 7 .9 'L=41.4'L=36.0'L=50.6'100.5'L=16.8 '36.0'L=31.4'3378.1'96.7'39.1'L=25.6'8.8'8LL23.7'73.5'20.9'88L=15.12222L ==11=LL==1 LL9 .9'99L==688.1'147.0'120.2'80.3'20.4'23.4'145.5'53.0'45.3'120.1'72.6'10.7'108810,444 SF120.8'52.5'52.5'133.4'133.4'L=42.4'L=39.7'112.1'L=17.33'L=L1LL6LL.8=='8836.2'L=3133.4'44108.4'4488666688222222222139.9'L=17.88'65.3'117.3'L=36.8'47.5'L=49.5'L=44.1'33.7'138.2'91.7'LL..8888=8825.6'74.0'133.9'31.4'L=49.8'4.7'4125.7'74.5'74.0'40.1'L=43.50.7'7''125.3'FF2.6'6L=48.1'2.1'.119.7'FFL=22.44'37.8'74.0'74.0'142.5'FF49.1'L''=36.1'65.8'L=8..2'161.5'FFL=39.5'38.3'L=47.3'162.9'L=46.4'38.2'L55=5544.8'33L''==11.5'LL=21.9'36.0'143.2'68.1'75.4'127.2'L=17.66'59.5'27.5'L=32.28.9'22''L8.98.=9914.88'130.0'28.1'L''=39.0'L11=4400..8888.8833'''LL11=44==4444001880888933.9 'L=62.1'109.8'86.8'L=49.7'102.4'144.6'63.7'110.0'57.2'L=16.8'L1166=88388''3.6'L=85.4'70.4'14.2'1L=65.9'26.2'L.2.=2229.9 '54.7'10.7'66.6'77.3'7.2'770.1'77.3'110.0'80.8'110.0'80.8'110.0'80.8'73.6'110.0'80.8'3.7'777.1'110.0'0.2'.77.3'110.0'2.4'2..74.9'77.3'109.9'L=12.4'74.1'82.8'L=33.3'76.0'L=3133.4'4464.3'L 22.=1122222222 ===.7 LL'0.2'.2.L=170011222'2229.7'L=70.7'8.9'L33=45.0'PHASE 3 - 49 LOTSAS9LO399SSSS7111PHASE 1 - 23 LOTSPHASE 3 - 49 LOTSPHASE 2 - 37 LOTSPHASE 2 - 37 LOTSR55'55559PHASE 1 - 23 LOTSPHASE 3 - 49 LOTSOTPHHASSerrano HeightsA project in the City of Pasco, WAPreliminary plat for:July 25, 2018Date:0074.00JF Eng. Job #5220 S. Auburn PlKennewick, WA 99337(509) 551-8174 PHNwww.JFEngineering.proCIVIL ENGINEERINGPROJECT MANAGEMENTPLANNINGENGINEERING, PLLCChecked by: JEFDrawn by: KWETATEOFWASHNG T ON JOHNERICFETTER O L F DEDDREENIGNELANOIISSEFORP C100Scale V: N/AScale H: 1"=80'Know what'sR'C' LANECENTRAL CT.'D' LANEMASSEY DRIVEVALLEY VIEW PLACE'A' LANE'B' LANENORTH DRIVEW. NO R T H C T.CHAPEL HILL BLVD.E. NORTH CT.EXISTING 100' EASMENT117-510-039RIVERHAWK POINTE II PRELIMINARY PLATSERRANO HEIGHTS SUBDIVISIONLOCATED IN THE SE 1/4 OF SECTION 16, T 9 N, R 29 E OF THE WILLAMETTE MERIDIANPROPERTY BOUNDARY AND TOPOGRAPHICSURVEY PROVIDED BY HDJ, A DIVISION OF PBS,2017.BASIS OF BEARING IS: NAD83/91 WASHINGTON STATEPLANE, SOUTH ZONE HOLDING THE COORDINATES FORPOINT 1507 PER RECORD OF SURVEY NO. 3774, BEING ABRASS CAP IN CASE AT THE SOUTHWEST CORNER OFSECTION 16, T9N, R29E, W.M., LOCATED AT THEINTERSECTION OF ARGENT ROAD AND ROAD 84. THENGVD29 ELEVATION OF 390.12 AS LISTED BY CITY OF PASCO(PSI #53-16) FORTHIS MONUMENT WAS HELD.VERTICAL DATUM IS CITY OF PASCO DATUM, PSI10-33, ELEV: 357.65TAX ID # OF SUBJECT PARCEL: 117-510-036COMPREHENSIVE PLAN DESIGNATION: LOW-DENSITY RESIDENTIALLAND USE ZONING DESIGNATION: R-1 LOW DENSITY RESIDENTIALCURRENT PROPERTY USE: AGRICULTURALTOTAL PARCEL AREA:38.1 Ac, 1,659,196 SFPHASE 1: 23 LOTSPHASE 2: 37 LOTSPHASE 3: 49 LOTSTOTAL LOTS: 109AVERAGE LOT SIZE: 9,810 SFMIN. LOT SIZE: 7,306 SF (LOT 82)LARGEST LOT SIZE: 25,977 SF (LOT 109)R/W AREA: 346,375 SFANTICIPATED TO BEGIN CONSTRUCTION SPRING2019 AND COMPLETE BY 2023, DEPENDANT UPONMARKET CONDITIONS.PUBLIC STREETS, UTILITIES, AND STORMWATERPUBLIC STREETS WILL BE CONSTRUCTED TO CITYOF PASCO STANDARD 3-2A, LOCAL ACCESSSTREETS AND CUL-DE-SAC BULB. THIS SECTIONINCLUDES CURBS, GUTTERS, AND SIDEWALKS.CITY POTABLE WATER, IRRIGATION, ANDSANITARY SEWER WILL BE EXTENDED TO EACHLOT WITHIN THE PLAT. FIRE HYDRANTS WILL BEINSTALLED AND LOCATED PER THEREQUIREMENTS OF THE CITY FIRE CHIEF.SANITARY SEWER EXISTS WITHIN AN EASEMENTTHROUGH THIS PROJECT AND WILL BE UTILIZEDTO SERVE THIS PROJECT.STORMWATER RUNOFF WILL BE COLLECTEDFROM PUBLIC STREETS AND DISPOSED OF,ONSITE, IN LOCALIZED SUBSURFACEINFILTRATION SYSTEMS.STREET LIGHTS WILL BE INSTALLED PER THE CITYOF PASCO STANDARDS.PROPERTY AND PLAT STATISTICSLEGENDLOT #LOT TOTAL AREARESIDENTIALRIVER...ADJACENT USEADJACENT SUBDIVISION NAME117-510-033CO TAX ID #UNDEVELOPED(COMMERCIAL)30'30'30'30'117-510-167EXTG 10"IRRIGATIONPROP E RT Y B O U N D A R Y 117-510-038117-641-062117-641-071EXISTING 75'GAS EASEMENT FCID CANALFCID CANALEXISTING 50'CANAL ROWEXISTING 20'EASEMENT(RESIDENTIAL)(RESIDENTIAL)ROAD 76EXISTING IRRIGATIONPIVOTCHIAWANA PLACE PRELIMINARY PLAT117-510-037CHIAWANA HIGH SCHOOL117-590-010EXISTING 75'GAS EASEMENPROPERTY BOUNDARYPROPERTY BOUNDARYPROPERTY BOUNDARYCHAPEL HILL BLVD.30'30'30'30'30'30'30'30'30'110.0110 0110 0110 030'66R55'R55'R55'40'PROPERTY BOUNDARYAAAAAAAAAARARRRRRRRYRYRYYYYYYYY30'0'0000000030'EXISTING 30'EASEMENTEXISTING 24" SAN. SEWEREXISTING 24" SAN. SEWEREXISTING 30'G330GEASEMENTVICINITY MAP1" = 2,000'±RD 76RD 72RD 80ARGENT RD.I-182RD 84RD 68BURDEN BLVD.HILL BLVD.CHAPELLSITEEUNDEVELOPED(COMMERCIAL)UNDEVELOPED(OFFICE)40'UTILESMT7/25/18SSSSSSSTTTTTTJOEREERTSIGEGRE38322NELANOISSEFORPPPPPPPPPP Page 176 of 221 Looking NorthPage 177 of 221 Looking EastPage 178 of 221 Looking SouthPage 179 of 221 Looking WestPage 180 of 221 Chiawana HS to the Southwest of SitePage 181 of 221 Chapel Hill Boulevard Connect Point to NortheastPage 182 of 221 PLANNING COMMISSION MINUTES 7/19/2018 C. Preliminary Plat Serrano Heights, 109-lots (RP Development) (MF# PP 2018-007) Chairwoman Roach read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed the preliminary plat application for Serrano Heights. The developer is proposing to develop 104 single family homes on the 38 acre site. It will follow the pattern that the Department of Natural Resources (DNR) has set for this property. This plat has a particular set of circumstances relating to access and the layout of streets – the issues and options were discussed. Commissioner Myhrum asked for clarification on the travel study. Mr. White responded that it would be a technical document under the purview of the Engineering Division of the City. Commissioner Myhrum asked if the staff recommendation was to not have Valley View Drive as a thru street. Mr. White said that is correct. Chairwoman Roach asked if staff has considered access to the neighborhood from Argent Road. Mr. White replied that was a potential option in the staff report but would be determined based on the results of the traffic impact analysis. Commissioner Myhrum asked if staff had worked on the canal crossing issues and if they’ve communicated with the applicant. Mr. White said that staff has worked with this developer and he believed they were aware to join this crossing. Commissioner Greenaway moved, seconded by Commissioner Myhrum, to close the hearing on the proposed preliminary plat and set August 16, 2018 as the date for deliberations and the development of a recommendation for the City Council. The motion passed unanimously. Page 183 of 221 PLANNING COMMISISON MINUTES 8/16/2018 B. Preliminary Plat Serrano Heights, 109 lots (RP Development) (MF# PP 2018-007) – Continued from July 19, 2018 Meeting Chairman Myhrum read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed the preliminary plat application for Serrano Heights, 109 lots. This item was continued from the previous hearing because the applicant did not receive their packet in time for the last hearing. That has been corrected and the applicant was present. He clarified discrepancies on the agenda and other places on the number of lots proposed. There will either be 104 or 109 lots based on street connections and Planning Commission decision. Staff felt the Planning Commission should look at options to avoid a direct connection from Valley View Place to Road 68 to prevent any issues with traffic safety on Road 68 and existing Valley View Place. Commissioner Portugal asked for clarification on the number of proposed lots. Mr. White said either 104 or 109 lots depending on what the Planning Commission decides on street connections. Stephen Bauman, 5114 Maxim Court, spoke on behalf of his application. He stated that the preliminary plat will be spelled “Sorano” but they are still working out the details. Street names will not continue with the river theme because these homes will be in a different price point than the adjoining neighborhoods so he wishes to have them stand out. He addressed several issues he had with the approval conditions; one of his main concerns being the requirement to sign a non-protest agreement to the LID. He stated that he would not move forward if he is required to sign the agreement – he would seek legal counsel. Commissioner Greenaway asked Mr. Bauman if he would like the Planning Commission to continue the hearing to allow him time to speak with City staff to work out some of the approval conditions. Mr. Bauman replied that he was told by staff that wasn’t an option at this point. He asked the Commissioner where he could go at this point because he felt he has been burned but the City in the past and was not in agreement of the conditions. Commissioner Greenaway asked if Mr. Bauman should withdraw his application and seek legal counsel. Mr. White replied that the staff recommendation will not change. The DNR properties are very problematic. The area is completely unserved by access, it has significant impacts on adjoining and existing street intersections. This is why there is a need for a Page 184 of 221 traffic study. The City has to cover the bases if the LID is formed or if the LID isn’t formed. It is unknown at this time. Staff was hoping the LID decision would be made at this point but it still is not made so the City doesn’t have a lot of options. The City will not adversely impact public health and safety by funneling traffic onto intersections that aren’t improved or capable of handling the additional traffic. And the City must cover all bases in case the LID is the chosen method of addressing traffic concerns. The non-protest agreement involves the assessment of fees on the participants of the LID. With each plat that occurs, there will be another 104 or 109 property owners to deal with. Mr. White said he could clarify the conditions for the Commission or he could pull examples from other approved plats within the DNR property to provide if the hearing were continued. Mr. Bauman stated that he was very clear of the consequences of signing the agreement. He said it cancels his vote and he regrets signing one on the last plat he did. Commissioner Portugal asked the applicant if he was withdrawing his application. Mr. Bauman said he was not willing to accept the plat conditions as they exist since there were too many unanswered questions and fees he felt he would have to pay for twice. Commissioner Portugal asked what options were available in moving forward for the applicant. Mr. White said the Commission needs to address the direction they would like to give to staff. They could approve the plat with the conditions as presented, the hearing could be continued to allow staff to clarify the conditions or they could recommend staff prepare findings and facts for denial of the plat. Commissioner J. Campos stated that as the Planning Commission, it is there job to make decisions and recommendations based on land usage issues. What was before them he felt was past that point and he felt they were asked to provide legal counsel which did not fit their job. The City has made their position clear that they will no t change their recommendation. Commissioner Portugal asked the applicant if he would be willing to continue the hearing to try to work things out with the City or if he wants to withdraw. Mr. Bauman said he was torn on what needs to happen. He will not sign a non-protest agreement as he didn’t feel it was fair and if he signed he wouldn’t get a vote in the LID. Michael Morales, Community & Economic Development Deputy Director, gave clarification on LID’s. The City would act as a financing instrument to make something happen. If the developer doesn’t want an LID, they can pay for all the costs themselves. The vote is right now during this process with one property owner – rather than waiting five years from now when there are hundreds of property owners who had no idea what went into constructing that subdivision. This is a standard urban planning practice all over the country and state. The best way to do an LID is when there is one property Page 185 of 221 owner. Mr. Bauman said the he disagreed. He said he was at an impasse because the City has said they will not budge but neither would he. Chairman Myhrum offered to continue the hearing at this time. Commissioner J. Campos said that the Planning Commission has to make a motion based on what’s in front of them. Mr. White went over the options one more time for the applicant and Commissioners. Mr. Bauman asked about the appeal process. Chairman Myhrum stated that the applicant can appeal whatever decision the Planning Commission makes. Mr. Bauman asked what the appeal would do. Mr. White replied that it would go to a closed record hearing with City Council and they would make the final decision. There was further discussion on the options and process. Commissioner Bowers moved, seconded by Commissioner Campos moved to continue the hearing and deliberations to the September 20, 2018 meeting. The motion passed unanimously. Page 186 of 221 PLANNING COMMISSION MINUTES 9/20/2018 B. Preliminary Plat Serrano Heights, 109 lots (RP Development) (MF# PP 2018-007) – Continued from August 16, 2018 Meeting Chairperson Roach read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed the continued preliminary plat application for Serrano Heights. This item has been before the Planning Commission numerous times. The plat consists of 38 acres, divided into 109 lots. The applicant had issues with a number of the conditions discussed at the previous hearing and it was concerning that the applicant was not p resent at the current meeting, however, they were notified. The biggest factor was the LID for the Chapel Hill Boulevard Extension. At the time of the previous hearing, the LID was formed by City Council but there was a 30 day protest period. Since the hearing, the protest period expired and the there was only roughly 1% opposition so the LID has been approved. Some of the conditions in the staff report have been changed to reflect the LID and those changes were discussed. Staff is recommending adoption of the recommendations. There was dialogue between Chairwoman Roach, Commissioner Bowers, Commissioner J. Campos and staff pertaining to the updated conditions and the connection of Valley View Drive. Mr. White responded to the conditions and addressed the design of the revised plat and that eliminates Valley View Drive from becoming a thru street to Road 68 due to traffic safety. The applicant may appeal if they choose. With no applicant present the public hearing was closed. Commissioner Myhrum moved, seconded by Commissioner Greenaway, to close the hearing on the proposed preliminary plat and to adopt findings of fact and conclusions therefrom as contained in the September 20, 2018 staff report. The motion passed unanimously. Commissioner Myhrum moved, seconded by Commissioner Greenaway, based on the findings of fact and conclusions as adopted the Planning Commission recommend the City Council approve the preliminary plat for Serrano Heights with conditions as listed in the September 20, 2018 staff report. The motion passed unanimously. Commissioner Portugal acknowledged that the applicant had mentioned at the previous hearing changing the spelling of the plat. Commissioner Campos and Rick White stated that it doesn’t pertain to the approval of the plat and that it is common for developers to make those changes at the time of the final plat process. Page 187 of 221 AGENDA REPORT FOR: City Council November 15, 2018 TO: Dave Zabell, City Manager Regular Meeting: 11/19/18 FROM: Jon Funfar, Communications Specialist Executive SUBJECT: Community Identity – Logo Development Selection I. REFERENCE(S): Revised Draft Logos Proposed Logo Resolution II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. ________ adopting Option ("1" or "2") from the staff report as Exhibit "A" to the resolution for the new City logo. III. FISCAL IMPACT: No additional funds required for selection. There will be costs associated with conversion to new logo. IV. HISTORY AND FACTS BRIEF: The current City logo has been in use for at least 50 years; an update to best capture the many positive changes (as much as possible in a logo) in Pasco over that time is timely. Council authorized $30,000 in the 2018 Budget toward development of a new lo go as part of the “Community Identity” goal. After discussion at a Council Workshop earlier this year, the following logo development course was followed: • Selection of Consultant: The City Logo Team (Communications Program Manager Jon Funfar, Police Chief Bob Metzger, Policy Analyst Angela Pashon, Community & Economic Development Deputy Director Michael Morales, and Interim Facilities Manager Troy Phillips) interviewed 5 firms as part of a Request for Proposals (RFP) process and selected BrandCraft from Richland. • Development of Logo: BrandCraft inventoried current uses of the logo and developed drafts of a new logo that staff believes each reflects elements of the City’s diverse and unique community. BrandCraft used an approach that Page 188 of 221 included a public process as follows: o Meetings with the Logo Team o Regular communication with staff o Public input: ▪ Online public survey on important concepts/elements to be included in a logo ▪ Recruitment of a local “Ambassador” group which included business owners, students, and other community members to help guide concepts and needed elements in any new logo ▪ Presenting conceptual logos for public input at open meetings and online. (Online survey results at https://www.surveymonkey.com/results/SM-RXGBMCXML/) o The three original draft logos are Logo A - “Growth” (wheat), Logo B - “Bridge” (stylized Cable Bridge), and Logo C - “Shield” (updated look to current logo) o At the September 10 Council Workshop, Council viewed 4 draft logos and Council consensus was to see revised logos based on the “Shield” design with a revised “Bridge” design. o The three logos presented on October 8 tried to capture Council’s thoughts expressed at the September 10 meeting; Council indicated a preference for the “Shield” logo with some revisions/variations. o Council, at the November 13 Workshop, narrowed the drafts down to two identical use of fonts; the difference between the two is the representation of one or two spires of the Cable Bridge at the top of the logo. Both of these options are attached. o Implementation of Logo: After Council consideration, BrandCraft will provide a recommended plan for implementation of the developed logo. Given the potential cost, it would be staff’s recommendation to phase in a new logo over time as new stationery, new vehicles, uniforms, etc. are ordered. V. DISCUSSION: Page 189 of 221 City of Washington City of Washington City of Public Works City of City of Fire Department City of City of Parks and Rec City of City of Police Department City of City ofCity of City of Washington City of Washington City of Washington City of Washington City of Washington City of Washington City of Washington City of Washington City ofCity of 2SWLRQ Page 190 of 221 City of Public Works City of City of Fire Department City of City of Parks and Rec City of City of Police Department City of City of Washington City of Washington City of Washington City of Washington City of Washington City of Washington City of Washington City of Washington City ofCity of City of Washington City of Washington City ofCity of 2SWLRQ Page 191 of 221 RESOLUTION NO. ______ A RESOLUTION TO ESTABLISH AN OFFICIAL CITY LOGO FOR THE CITY OF PASCO WHEREAS, the City Council desires to adopt an official City logo to facilitate the process of creating a unique brand for the City of Pasco and communicating that brand to the public; and, WHEREAS, the intention of creating an official City logo is to promote the consistent use of the image by all City departments and to limit the proliferation of logos and symbols; and, WHEREAS, the consistent and unified use of an official City logo will serve to promote the City and the City’s branding. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: SECTION 1. The City adopts the graphic attached “Exhibit A” as the official logo for the City of Pasco. SECTION 2. The City Manager is directed to develop standards for the use of the logo within 180 days of passage of this resolution subject to the following sections. SECTION 3. This official City logo should be used for the official business of the City. The logo should appear on all marketing and promotional materials, on City buildings, and other properties that are deemed critical to the promotion of the City, and on other equipment, facilities and items that the City desires to identify as being City owned or operated. SECTION 4. To avoid confusion, this official logo should be used consistently and in a unified manner. SECTION 5. This official logo shall not be used by or in connection with any political campaign, and the use of this official logo on any political campaign literature, sign, or other printed, electronic, or televised message is hereby strictly prohibited. Any violation of this provision shall be deemed an improper and unauthorized use. Page 192 of 221 SECTION 6. With the written permission of the City Manager or their designee, this logo may be used by outside entities for promotion of special events when the City co-hosts, sponsors, or plays an active role in the conduct or sponsorship of the event. Passed by the City Council of the City of Pasco this 19th day of November, 2018. __________________________ Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: ____________________ _____________________ Daniela Erickson Leland B. Kerr City Clerk City Attorney Page 193 of 221 AGENDA REPORT FOR: City Council November 14, 2018 TO: Dave Zabell, City Manager Regular Meeting: 11/19/18 FROM: Stan Strebel, Deputy City Manager Executive SUBJECT: Ordinance Amending PMC Regarding "Purchasing" I. REFERENCE(S): Proposed Ordinance II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No. _________ repealing Chapters 2.56 "Selection of Architectural and Engineering Consultants" and 14.11 "Small Works Roster" and Amending Chapter 3.85 "Purchasing" of the Pasco Municipal Code and, further, authorize publication by summary only. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: In February the Council made changes to the purchasing authority of the City Manager and directed preparation and implementation of a comprehensive purchasing policy. With the approval of the new policy on October 1 (Administrative Order No. 470), staff recommends that existing references to policy or procedure on purchasing or procurement in the PMC be repealed. The attached draft ordinance repeals two PMC chapters which are now covered under A.O. 470. The "Purchasing" Chapter, PMC 3.85, is revised accordingly, directing the Manager to notify Council of changes to the Purchasing Policy and Procedures. V. DISCUSSION: Page 194 of 221 Purchasing Ordinance - 1 Draft #10/3/18 ORDINANCE NO. __________ AN ORDINANCE of the City of Pasco, Washington, Repealing Chapters 2.56 “Selection of Architectural and Engineering Consultants” and 14.11 “Small Works Roster” and Amending Chapter 3.85 “Purchasing" of the Pasco Municipal Code. WHEREAS, in February 2018 the Pasco City Council approved Ordinance No. 4379 providing for changes to the purchasing authority granted to the City Manager and charging the City Manager with the preparation and implementation of a comprehensive purchasing policy in accordance with law and policy; and WHEREAS, by the approval of Administrative Order No. 470 on October 1, 2018, the City Manager has provided for a new Purchasing Policy and Procedures directive; and WHEREAS, Ordinance No. 4379 further provides direction to the City Manager to prepare appropriate ordinances to remove conflicting language regarding purchasing policy and /or procedures from the Municipal Code; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Chapter 2.56 entitled “Selection of Architectural and Engineering Consultants” of the Pasco Municipal Code, shall be and hereby is repealed. Section 2. That Chapter 14.11 entitled “Small Works Roster” of the Pasco Municipal Code, shall be and hereby is repealed. Section 3. That Chapter 3.85 entitled “Purchasing” of the Pasco Municipal Code, shall be and hereby amended to read as follows: 3.85.010 PURCHASE AUTHORITY. The City Manager is authorized to purchase any materials, supplies, equipment or services where such purchase is authorized in the City’s current budget with sufficient funds available, where the total cost (including applicable sales tax, etc.) for such purchase will be less than $300,000. All purchases shall be made and completed in accordance with applicable law. The City Manager shall report all purchases, in excess of $100,000 to the City Council as a part of the monthly financial report. (Ord. 4379, 2018; Ord. 4191, 2014.) 3.85.020 PURCHASING POLICY AND PROCEDURES. The City Manager shall issue directives for the purchase of any materials, supplies, equipment or services and shall advise the City Council of the adoption of Purchasing Policy and Procedures and changes thereto. All purchases shall be made and completed in accordance with applicable law. Page 195 of 221 Purchasing Ordinance - 2 Draft #10/3/18 Section 4. 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, Washington, and approved as provided by law this ____ day of _____________, 2018. ______________________________ Matt Watkins, Mayor Attest: Approved as to Form: ______________________________ ______________________________ Daniela Erickson, City Clerk Leland B. Kerr, City Attorney Page 196 of 221 AGENDA REPORT FOR: City Council July 6, 2018 TO: Dave Zabell, City Manager Regular Meeting: 11/19/18 FROM: Bob Metzger, Police Chief Police Department SUBJECT: Electronic Traffic Control I. REFERENCE(S): Proposed Redflex Agreement II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve the contract with Redflex for the placement of traffic control camera's at the authorized intersections and authorize the City Manager to sign the agreement. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: On August 8, 2018 Council approved the use of electronic traffic control on two intersections in the City of Pasco; 20th and Court, and 68th and Burden. Following that decision staff conducted a comparative analysis of vendors providing electronic traffic enforcement services, selected a preferred vendor and negotiated a contract for services. V. DISCUSSION: Staff evaluated several vendors for this project, eventually deciding to pursue Redflex. Redflex provided a presentation to Council on how their system works. As Council recalls, this system records only the rear part of the vehicle, taking several photos from the time the vehicle enters the intersection for about 12 seconds. If a vehicle is already in the intersection when the light turns red, the camera will not pick up on that vehicle. For right turns, the city can determine when a violation occurs; for example the system can be set so that a vehicle does not have to come to a full stop before proceeding Page 197 of 221 through a red light for a right turn. It can be set up to any speed threshold the city determines (i.e. 5 MPH). Once the pre-determined threshold is met, a photo is taken it is sent to the vendor’s system and the PD is notified that there is a possible violation. A trained Pasco Police Officer then reviews the photo to determine if a violation has occurred. Just like any traffic stop the officer will have full discretion to determine if the possible violation is valid and authorize a citation or invalid and disregard the possible violation. Like in the field, the officer will take several factors into account including time of day, weather, number of vehicles observed in the area, pedestrians and any other factor that the officer feels is pertinent in making the decision. If the officer determines there is no violation, the information is purged. If the officer determines a violation has occurred the vendor is notified and an infraction notice is issued on City of Pasco letterhead to the owner of the vehicle. The offender receives the violation in the mail and can either pay it or contest it through Pasco Municipal Court. If the potential violator has any questions he or she can also come to the Police Department and discuss it with an officer. The potential violator can also view the photo of the potential infraction online. The vehicle owner can also sign a waiver with the court indicating that they either do not own the vehicle, or someone else was driving and the court can waive the citation. In essence this process is no different than if the officer stops a violator on the road and issues a citation at that time. The only thing the vendor is doing is providing a photo with time stamp of the potential violation but the determination on whether it is a violation is up to the officer viewing the photo. This process is designed to improve the safety of the traveling public and the officers who enforce traffic laws. It is not designed to be strictly a way to generate revenue, but rather is a cost effective and safe way to try to improve safety at a busy and dangerous intersection. With all other options reviewed and the traffic at these intersection continuing to increase the need to do something at these intersections is important. Staff believes that all Council questions and concerns have been addressed and is ready to recommend a vendor for this project. What has not yet been completed is a contract with the recommended vendor. Attached to this report is the proposed contract from the recommended vendor, Redflex. This contract is for a three year period but it does allow for an early termination. If terminated early the city would be responsible for a pro-rata share of the costs of the installed equipment. This rate is determined on a month to month basis so at any time if the city decides to discontinue this vendor, or the entire program, the city would be responsible for the entire cost, minus the pro-rata share of time left on the contract. For example, if the city decided to stop the program after one year the city would pay 1/3 of the total cost of the equipment installed at the two intersections. If Council approves this contract the vendor has indicated that installation of this system would not occur before March, 2019. Before this installation there would be a public information period of about thirty days. There would also be notices at the intersections that the cameras are in place. The first 30 days of this would be a trial Page 198 of 221 period where confirmed violations would result in warnings rather than citations. Staff will be prepared to answer any additional questions council would have on either the vendor or the contract. Page 199 of 221 EXCLUSIVE AGREEMENT BETWEEN THE CITY OF PASCO, WASHINGTON AND REDFLEX TRAFFIC SYSTEMS, INC. FOR AN AUTOMATED PHOTO ENFORCEMENT PROGRAM This Agreement (this “Agreement”) is made this ______ day of ____________________ 20_____ (“Effective Date”) between Redflex Traffic Systems, Inc., a Delaware Corporation (“Redflex”), and the City of Pasco, Washington, a municipal corporation (the “City” and/or the “City”) (each a “Party” and collectively, the “Parties”), for an Automated Photo Enforcement Program. RECITALS A. Violations of Wash. Rev. Code §§ 46.61.050 and 46.61.055, and local ordinances of the Pasco Municipal Code for failing to stop for a red light or failing to obey a red arrow, have been shown to pose a significant risk to life and property. B. It is the objective of the Automated Photo Enforcement Program to reduce the incidents of vehicle collisions at the traffic intersections that are subject to the Program; C. Redflex has exclusive knowledge, possession and ownership of certain equipment, licenses, applications, and citation processes related to the Automated Photo Enforcement Program; and D. On or about September 1, 2017, the National Cooperative Purchasing Alliance (“NCPA”) awarded Redflex the Traffic Control, Enforcement, & Signal Preemption Equipment contract to allow NCPA member agencies the opportunity to procure photo enforcement equipment; E. As an NCPA member agency, the City desires to procure photo enforcement services through the NCPA; and F. The City desires that Redflex furnish and Redflex desires to furnish all equipment, licenses, applications and back office processing related to the Automated Photo Enforcement Program, including digital traffic enforcement cameras and equipment for the monitoring and enforcement of laws regulating traffic signals. The Parties accordingly agree as follows: AGREEMENT 1. DEFINITIONS. In this Agreement, the words and phrases capitalized below shall have the following meanings: 1.1. “Authorized Employee” means the Project Manager or such other individual(s) as the City shall designate to review Potential Violations and to authorize the issuance of Citations. 1.2. “Authorized Violation” means each Potential Violation in the Violation Data for which authorization to issue a citation in the form of an Electronic Signature is given by the Authorized Employee by using the Redflex System. 1.3. “Automated Photo Enforcement Program” or “the Program” are interchangeable and synonymous and mean the process by which the monitoring, identification and enforcement of Violations is facilitated by the use of certain equipment, applications and back office processes of Redflex, including but not limited to cameras, flashes, central processing units, signal controller interfaces and sensor arrays which, collectively, are capable of detecting Violations and recording Violation Data in the form of photographic images of motor vehicles. 1.4. “Business Rules” means the set of rules, guidelines, structures and methods of operation that define specific operational components of the Program. 1.5. “Citation” means the notice of a Violation, which is mailed or otherwise delivered by Redflex on behalf of the City to the violator on the appropriate Enforcement Documentation for each Authorized Violation. 1.6. “Confidential or Private Information” means, with respect to any Person, any information, matter or thing of a secret, confidential or private nature, whether or not so labeled, which is connected Page 200 of 221 with such Person’s business or methods of operation or concerning any of such Person’s suppliers, licensors, licensees, customers or others with whom such Person has a business relationship, and which has current or potential value to such Person or the unauthorized disclosure of which could be detrimental to such Person, including but not limited to: 1.6.1. Matters of a business nature, including but not limited to information relating to development plans, costs, finances, marketing plans, data, procedures, business opportunities, marketing methods, plans and strategies, the costs of construction, installation, materials or components, the prices such Person obtains or has obtained from its clients or customers, or at which such Person sells or has sold its services; and 1.6.2. Matters of a technical nature, including but not limited to product information, trade secrets, know-how, formulae, innovations, inventions, devices, discoveries, techniques, formats, processes, methods, specifications, designs, patterns, schematics, data, access or security codes, compilations of information, test results and research and development projects. For purposes of this Agreement, the term “trade secrets” shall have the meaning provided under Washington law. 1.6.3. Notwithstanding the foregoing, Confidential Information will not include information that: (i) was generally available to the public or otherwise part of the public domain at the time of its disclosure, (ii) became generally available to the public or otherwise part of the public domain after its disclosure and other than through any act or omission of a Party in breach of this Agreement, (iii) was lawfully disclosed to a Party by a person other than a Party, (iv) was required by a court of competent jurisdiction to be disclosed, or (v) was required by applicable state law to be disclosed. 1.7. “Designated Intersection Approaches” means the Intersection Approaches that the Parties mutually agree on from time to time. See Exhibit A for the number of approaches. 1.8. “Electronic Signature” means the method through which the Authorized Employee indicates his or her approval of the issuance of a Citation for a Potential Violation using the Redflex System. 1.9. “Enforcement Documentation” means the necessary and appropriate documentation related to the Program, including but not limited to warning letters, Citation notices (using the specifications of the applicable court(s) and the City, a numbering sequence for use on all citation notices (in accordance with applicable court rules), instructions to accompany each issued Citation (including in such instructions a description of basic court procedures, payment options and information regarding the viewing of images and data collected by the Redflex System), chain of custody records, criteria regarding operational policies for processing Citations (including for coordinating with the applicable vehicle registry), and technical support documentation for applicable court and judicial officers. 1.10. “Equipment” means any and all approach cameras, sensors, equipment, components, products, software and other tangible and intangible property relating to the Program. 1.11. “Fine” means a monetary sum assessed for a Citation, including but not limited to bail forfeitures, but excluding suspended fines. 1.12. “Governmental Authority” means any domestic or foreign government, governmental authority, court, tribunal, agency or other regulatory, administrative or judicial agency, commission or organization, and any subdivision, branch or department of any of the foregoing. 1.13. “Installation Date” means the date on which Redflex completes the construction and installation of all Intersection Approaches, approved by the Parties as part of the Initial Installation Group (defined in Exhibit “B”) and has completed the Warning Period in accordance with the terms of this Agreement so that the Intersection Approaches are fully operational for the purposes of functioning with the Program. 1.14. “Intellectual Property” means, for any Person, any and all now known or later known tangible and intangible (a) rights associated with works of authorship throughout the world, including but not limited to copyrights and mask-works, (b) trademark and trade name rights and similar rights, (c) trade secrets rights, (d) patents, designs, algorithms and other intellectual or industrial property rights, (e) all other intellectual and industrial property rights (of every kind and nature throughout the universe and however designated), whether arising by operation of law, contract, license, or otherwise, and (f) all registrations, initial applications, renewals, extensions, continuations, divisions or reissues in force (including any rights in any of the foregoing), of such Person. Page 201 of 221 1.15. “Intersection Approach” means a conduit of travel with up to four (4) contiguous lanes from the curb (e.g., northbound, southbound, eastbound or westbound) on which at least one (1) system has been installed for the purposes of facilitating the Program by the City. 1.16. “Lost Profits” means profits that would have been received by a Party had the other Party fully performed this Agreement, including, but not limited to (a) revenues that would have been received by the City on account of Citations that might have been issued during periods in which the Redflex System was not functioning properly, and (b) amounts that must be refunded or disgorged by the City due to Fines collected as a result of an improper or invalidly issued Citation. 1.17. “Operational Period” means the period of time during the Term, commencing on the Installation Date, during which the Program is functional in order to permit the issuance of Citations using the Redflex System. 1.18. “Person” means a natural individual, company, Governmental Authority, partnership, firm, corporation, legal entity or other business association. 1.19. “PLATESCAN® System” means the license plate scanning system of Redflex. 1.20. “Potential Violation” means for any motor vehicle passing through a Designated Intersection Approach, the data collected by the Redflex System concerning such motor vehicle, which data shall be processed by the Redflex System for the purposes of allowing the Authorized Employee to review such data and determine whether a traffic violation has occurred. 1.21. “Project Manager” means the project manager appointed by the City in accordance with this Agreement, which shall be an Authorized Employee and shall be responsible for overseeing the installation of the Redflex System at the Designated Intersection Approaches and the implementation of the Program, and which manager shall have the power and authority to make management decisions relating to the City’s obligations pursuant to this Agreement, including but not limited to change order authorizations. 1.22. “Proprietary Property” means for any Person, any written or tangible property owned or used by such Person in connection with such Person’s business, whether or not such property is copyrightable or also qualifies as Confidential Information, including without limitation products, samples, equipment, files, lists, books, notebooks, records, documents, memoranda, reports, patterns, schematics, compilations, designs, drawings, data, test results, contracts, agreements, literature, correspondence, spread sheets, computer programs and software, computer print outs, other written and graphic records and the like, whether originals, copies, duplicates or summaries thereof, affecting or relating to the business of such Person, financial statements, budgets, projections and invoices. 1.23. “Redflex Marks” means all trademarks registered in the name of Redflex or any of its affiliates, such other trademarks as are used by Redflex or any of its affiliates on or in relation to the Program at any time during the Term, service marks, trade names, logos, brands and other marks owned by Redflex, and all modifications or adaptations of any of the foregoing. 1.24. “Redflex Project Manager” means the project manager appointed by Redflex in accordance with this Agreement, who shall be responsible for overseeing the construction and installation of the Redflex System and related equipment at the Designated Intersection Approaches and the implementation and ongoing services of the Program, and who shall have the power and authority to make day-to-day management decisions relating to Redflex’s obligations pursuant to this Agreement; provided, however, the Redflex Project Manager does not have the authority to authorize change orders without additional Redflex approvals. 1.25. “Redflex System” means, collectively, the Salus® System, SMARTcam® System, the SMARTscene® System, REDFLEXred® System, REDFLEXradar®” System, SMARTops® System, Alcyon System, HALO, the Program, and all of the other equipment, applications, software, hardware, back office processes, servers, off-site backup systems, cameras, sensors, components, motor vehicles and other related tangible and intangible property, to enable Redflex to enforce a minimum of one lane of travel at a designated location. 1.26. “REDFLEXradar®” means the detection and tracking system of Redflex relating to the Program. 1.27. “REDFLEXrail® System” means the proprietary digital railroad grade crossing photo enforcement system of Redflex. 1.28. “REDFLEXred® System” means the proprietary digital red light photo enforcement system of Redflex relating to the Program. Page 202 of 221 1.29. “REDFLEXslimline® System” means the proprietary photo enforcement system of Redflex. 1.30. “Salus® System” means the proprietary software that controls the systems of Redflex relating to the Program. 1.31. “REDFLEXspeed® System” means the proprietary speed enforcement system of Redflex. 1.32. “REDFLEXstop® System” means the proprietary stop sign enforcement system of Redflex. 1.33. “SMARTcam® System” means the proprietary software system that controls the systems of Redflex relating to the Program. 1.34. “Alcyon System” means the proprietary back-office processes of Redflex relating to the Program. 1.35. “SMARTscene® System” means the proprietary digital video camera unit, hardware and software required for providing supplemental violation data relating to the Program. 1.36. “Traffic Signal Controller Boxes” means the signal controller interface and vehicle detection owned and operated by the City. This includes the City’s traffic controller, the City’s vehicle detection equipment, the City’s communication equipment, and the City’s controller cabinet. 1.37. “Violation” means any traffic violation as provided for in any applicable rule, regulation or law of any other Governmental Authority, including but not limited to operating a motor vehicle contrary to traffic signals, and operating a motor vehicle without displaying a valid license plate or registration. 1.38. “Violation Criteria” means the standards and criteria by which Potential Violations will be evaluated by Authorized Employees of the City, which standards and criteria shall include, but are not limited to, the duration of time that a traffic light must remain red prior to a Violation being deemed to have occurred, and the location(s) in an intersection which a motor vehicle must pass during a red light signal prior to being deemed to have committed a Violation, all of which shall be in compliance with all applicable laws, rules and regulations of Governmental Authorities. Should physical criteria change which requires additional modification to the Program or its detection equipment, any costs incurred in connection with such modifications shall be the responsibility of the City. 1.39. “Violations Data” means the images and other Violations data gathered by the Redflex System at the Designated Intersection Approaches. 1.40. "Warning Period" means the period of time after the installation and activation of the first Designated Intersection Approach during which period only warning notices shall be issued for a period of thirty (30) days, unless otherwise agreed to by the Parties. 2. TERM. The term of this Agreement shall commence on the Installation Date and continue for a period of three (3) years, unless terminated earlier as provided for in this Agreement (“Initial Term”). The Initial Term shall automatically renew for up to two (2) additional consecutive one (1) year time periods (each a “Renewal Term”). The Initial Term together with each exercised Renewal Term is collectively the “Term.” Each Renewal Term shall automatically and without any required notice or action be deemed to have been exercised unless the City provides written notice to Redflex in accordance with Section 9 of its election not to extend at least thirty (30) days prior to the expiration of the Initial Term or the applicable Renewal Term. In its sole discretion the City may elect not to extend under this Section. 3. SERVICES. Redflex shall provide the following services in connection with the Program [such services, including those outlined in Exhibits B and C are subject to change based on local and State law]: 3.1. INSTALLATION. With respect to the construction and installation of the Designated Intersection Approaches and the installation of the Redflex System at such Designated Intersection Approaches, the City and Redflex shall have the respective rights and obligations set forth on Exhibit B. 3.2. MAINTENANCE. With respect to the maintenance of the Redflex System at the Designated Intersection Approaches, the City and Redflex shall have the respective rights and obligations set forth on Exhibit C. 3.3. VIOLATION PROCESSING. During the Operational Period, Violations shall be processed as follows: 3.3.1. All Violations Data shall be stored on the Redflex System; Page 203 of 221 3.3.2. The Redflex System shall process Violations Data gathered from the Designated Intersection Approaches into a format capable of review by the Authorized Employee via the Redflex System; 3.3.3. The Redflex System will be accessible by Authorized Staff through a secure and encrypted connection by use of a confidential user account on a computer equipped with a high- speed Internet connection and an approved web browser; 3.3.4. Within six (6) days after gathering the Violations Data from the applicable Designated Intersection Approach, Redflex shall provide the Authorized Employee with access to the Redflex System for the purposes of reviewing the pre-processed Violations Data; 3.3.5. The City shall cause the Authorized Employee to review the Violations Data and to determine whether a Citation shall be issued with respect to each Potential Violation captured within such Violations Data, and transmit each such determination in the form of an Electronic Signature to Redflex using the software or other applications or procedures provided by Redflex on the Redflex System for such purpose. REDFLEX ACKNOWLEDGES AND AGREES THAT THE DECISION TO ISSUE A CITATION SHALL BE THE SOLE, UNILATERAL AND EXCLUSIVE DECISION OF THE AUTHORIZED EMPLOYEE AND SHALL BE MADE IN SUCH AUTHORIZED EMPLOYEE’S SOLE DISCRETION (A “CITATION DECISION”), AND IN NO EVENT SHALL REDFLEX HAVE THE ABILITY OR AUTHORIZATION TO MAKE A CITATION DECISION; 3.3.6. For each Authorized Violation, Redflex shall print and mail a Citation after Redflex’s receipt of such authorization; provided, however, during the Warning Period, only warning violation notices shall be issued for all Authorized Violations; 3.3.7. Redflex shall provide a toll-free telephone number for the purposes of answering citizen inquiries; 3.3.8. Redflex shall permit the Authorized Employee to generate reports using the Redflex Standard Report System; 3.3.9. Upon Redflex’s receipt of a written request from the City and in addition to the Standard Reports, Redflex will provide, without cost to the City, access to a reporting tool to allow the City to generate reports; 3.3.10. During the six (6) month period following the Installation Date and/or upon Redflex’s receipt of a written request from the City at least fourteen (14) calendar days in advance of a court proceeding, Redflex shall provide at its expense expert witnesses for use by the City in prosecuting Violations; provided, however, the City shall use reasonable best efforts to seek judicial notice in lieu of requiring Redflex to provide such expert witnesses. After the initial six (6) month period, the City shall be obligated to reimburse Redflex for the cost of expert witnesses provided at the City’s request. 3.3.11. During the three (3) month period following the Installation Date, Redflex shall provide training to City personnel as shall be reasonably necessary to allow City personnel to act as expert witnesses on behalf of the City. 3.4. RECORDS RETENTION. Redflex shall retain Violations Data in accordance with all applicable law as outlined in the Business Rules. 3.5. PROSECUTION AND COLLECTION; COMPENSATION. The City shall diligently prosecute Citations and the collection of all Fines related to the Citations. Redflex shall have the right to receive, and the City shall be obligated to pay Redflex, the compensation set forth on Exhibit D. On no less than a monthly basis and no later than the 15th calendar day following the end of the previous month, the City shall provide to Redflex a report, in a format to be mutually agreed to between the Parties and without cost to Redflex, regarding the Fines and monies collected that are attributable to the Program so that the Parties may comply with the cost neutrality provisions set forth on Exhibit “D” attached hereto and incorporated by reference into this Agreement. 3.6. TAXES . Where obligated by applicable law, Redflex shall timely pay all taxes relating to or arising out of the Program. Unless otherwise indicated, the City agrees to pay any applicable taxes including but not limited to use, property or sales taxes required at the municipal, county, state or any other taxing authority level on all applicable consumer services and materials purchased and/or leased. No charge by the City shall be made for federal excise taxes and City agrees to furnish Redflex with an exemption certificate where appropriate for any applicable Page 204 of 221 sales and/or use taxes. For the avoidance of doubt, it is the Parties intent that this Agreement does not alter the tax liability of either Party under the applicable law. 3.7. OTHER RIGHTS AND OBLIGATIONS. In addition to all of the other rights and obligations set forth in this Agreement, Redflex and the City shall have the respective rights and obligations set forth on Exhibit E. 3.8. CHANGE ORDERS. 3.8.1. The City may from time to time request changes to the work required to be performed or the addition of products or services to those required pursuant to the terms of this Agreement by providing written notice to Redflex, setting forth in reasonable detail the proposed changes (a “Change Order Notice”). Upon Redflex’s receipt of a Change Order Notice, Redflex shall deliver a written statement describing the cost, if any (the “Change Order Proposal”). The Change Order Proposal shall include (i) a detailed breakdown of the charge and any schedule impact, (ii) a description of any resulting changes to the specifications and obligations of the Parties, (iii) a schedule for the delivery and other performance obligations, and (iv) any other information relating to the proposed changes reasonably requested by the City. Following the City’s receipt of the Change Order Proposal, the Parties shall negotiate in good faith and agree in writing to a plan and schedule for implementation of the proposed changes, the time, manner and amount of payment or price increases or decreases, as the case may be, and any other matters relating to the proposed changes; provided, however, in the event that any proposed change requested within one year of the Effective Date involves only the addition of equipment or services to the existing Designated Intersection Approaches, to the maximum extent applicable, the pricing terms set forth in Exhibit D shall govern. Any failure of the Parties to reach agreement with respect to any of the foregoing as a result of any proposed changes shall not be deemed to be a breach of this Agreement provided each Party acted in good faith. 3.8.2. In the event that the change outlined in the Change Order Notice and the Change Order Proposal, and approved by the Parties, concerns moving an installed Redflex System to a new Designated Intersection Approach, then the City shall be responsible for the costs associated with the removal and reinstallation of the Redflex System and the Term of this Agreement shall be extended by the number of days equal to the period of time in which the Redflex System at issue is inactive, if that period of time is fourteen (14) or more calendar days, unless the City chooses to continue paying the Fixed Monthly Fee , as outlined in Exhibit D, during such period of time. 3.9. ROAD REPAIRS AND CONSTRUCTION PROJECTS. The Fixed Monthly Fee to be paid will not be affected by any road repairs, street improvements or stop work order at any Designated Intersection Approach. 3.10. ANNUAL REPORT. On an annual basis, the City shall report, on the City’s website, the number of traffic accidents that occurred at each Designated Intersection Approach, as well as the number of notices of infraction issued for each camera and any other relevant information about the Program that the City deems appropriate. 3.11. FUTURE SERVICES. If Washington law allows, now or in the future, a Governmental Authority to suspend the ability to register a vehicle, as controlled by the Washington Department of Transportation, for Persons with delinquent or unpaid fines, whether criminal or civil, upon mutual agreement the Parties have the option to mutually agree to execute an amendment to this Agreement for Redflex to provide the City certain automated scofflaw services under its ASP and ASP2 Programs, as applicable, to implement such law. 4. LICENSE; RESERVATION OF RIGHTS. 4.1. LICENSE. Subject to the terms and conditions of this Agreement, Redflex grants the City, and the City accepts from Redflex, a non-exclusive, non-transferable license during the Term to: (a) solely within the City, access and use the Redflex System for the sole purpose of reviewing Potential Violations and authorizing the issuance of Citations pursuant to the terms of this Agreement, and to print copies of any related content posted on the Redflex System, (b) disclose that Redflex is providing services to the City in connection with Program pursuant to the terms of this Agreement, and (c) use and display the Redflex Marks on or in marketing, public awareness Page 205 of 221 or education, or other publications or materials relating to the Program, so long as any and all such publications or materials are approved in advance by Redflex. 4.2. RESERVATION OF RIGHTS. The City acknowledges and agrees that: (a) Redflex is the sole and exclusive owner of the Redflex System, the Redflex Marks, all Intellectual Property arising from or relating to the Redflex System, and any and all related Equipment, (b) the City neither has nor makes any claim to any right, title or interest in any of the foregoing, except as specifically granted or authorized under this Agreement, and (c) by reason of the exercise of any such rights or interests of the City pursuant to this Agreement, the City shall gain no additional right, title or interest. 4.3. RESTRICTED USE. The City covenants and agrees that it shall not (a) make any modifications to the Redflex System, including but not limited to any Equipment, (b) alter, remove or tamper with any Redflex Marks, (c) use any of the Redflex Marks in any way which might prejudice their distinctiveness, validity or Redflex’s goodwill, (d) use any trademarks or other marks other than the Redflex Marks in connection with the City’s use of the Redflex System pursuant to the terms of this Agreement without first obtaining the prior consent of Redflex, or (e) disassemble, de-compile or otherwise perform any type of reverse engineering to the Redflex System, the Redflex Program, including but not limited to any Equipment, or to any Intellectual Property or Proprietary Property of Redflex, or cause any other Person to do any of the foregoing. 4.4. PROTECTION OF RIGHTS. Redflex shall have the right to take whatever action it deems necessary or desirable to remedy or prevent the infringement of any Intellectual Property of Redflex, including without limitation the filing of applications to register as trademarks in any jurisdiction any of the Redflex Marks, the filing of patent application for any of the Intellectual Property of Redflex, and making any other applications or filings with appropriate Governmental Authorities. The City shall not take any action to remedy or prevent such infringing activities, and shall not in its own name make any registrations or filings with respect to any of the Redflex Marks or the Intellectual Property of Redflex without the prior written consent of Redflex. 4.5. INFRINGEMENT. The City shall give Redflex prompt notice of any activities or threatened activities of any Person of which it becomes aware that infringes or violates or potentially infringes or violates the Redflex Marks or any of Redflex’s Intellectual Property or that constitute or potentially constitute a misappropriation of trade secrets or act of unfair competition that might dilute, damage or destroy any of the Redflex Marks or any other Intellectual Property of Redflex. Redflex shall have the exclusive right, but not the obligation, to take action to enforce its rights to protect its Marks and Intellectual Property and to make settlements relating to its Marks and Intellectual Property. In the event that Redflex commences any enforcement action relating to its Marks or Intellectual Property, the City shall provide Redflex with any reasonable and lawful cooperation and assistance that Redflex requests. Redflex shall be entitled to any damages or other monetary amount that might be awarded provided that prior to deduction of Redflex’s actual costs and attorney’s fees; Redflex shall reimburse the City for any reasonable costs incurred in providing such cooperation and assistance. 4.6. INFRINGING USE. The City shall give Redflex prompt written notice of any action or claim, whether threatened or pending, against the City alleging that the Redflex Marks, or any other Intellectual Property of Redflex, infringes or violates any patent, trademark, copyright, trade secret or other Intellectual Property of any other Person, and the City shall provide to Redflex reasonable cooperation and assistance as is requested by Redflex; provided, that Redflex shall reimburse the City for its reasonable costs incurred in providing such cooperation and assistance. If Redflex determines, in the exercise of its sole discretion, that an infringement may exist, Redflex shall have the right, but not the obligation, to procure for the City the right to keep using the allegedly infringing items, modify them to avoid the alleged infringement or replace them with non-infringing items. 4.7. UNAUTHORIZED REFERENCES TO REDFLEX. The City shall not utilize, make use of and/or make any reference to Redflex, its name or likeness, its affiliated, parent or subsidiary companies or corporations, its logos, insignias, trademarks, trade names, brand, websites, property, assets, products or services, including, but not limited to: “PLATESCAN® System”; “REDFLEXradar® System”; “REDFLEXrail® System”; “REDFLEXred® System”; “REDFLEXslimline® System”; “REDFLEXspeed® System”; “REDFLEXstop® System”; “Redflex Student Guardian® System”; “Salus® System”; “SMARTcam® System”; Page 206 of 221 “SMARTops® System”; “SMARTscene® System”; and/or and any and all combinations, variants and derivatives of the foregoing, for any reason or purpose without the prior written approval of Redflex which may be withheld, denied, delayed, rejected and/or refused, by Redflex in its sole discretion. This Section shall not prohibit the City from releasing information it is required to release under the Public Records Act, Chapter 42.56 RCW as amended. 5. REPRESENTATIONS AND WARRANTIES. 5.1. REDFLEX REPRESENTATIONS AND WARRANTIES. 5.1.1. Authority. Redflex warrants and represents that it has all right, power and authority to execute and deliver this Agreement and perform its obligations. 5.1.2. Professional Services. Redflex warrants and represents that any and all services that it provides pursuant to this Agreement shall be performed in a professional and workmanlike manner and in compliance with applicable law and by agreed upon specifications. 5.2. CITY REPRESENTATIONS AND WARRANTIES. 5.2.1. Authority. The City warrants and represents that the purchasing program it has relied upon in entering into this Agreement, National Cooperative Purchasing Alliance (“NCPA”), is an approved cooperative purchasing program, and the City has all legal right, power and authority to execute and deliver this Agreement and perform its obligations. The City warrants and represents that it has complied with all applicable laws and regulations in entering into this Agreement, including State and Local procurement laws, and will comply with all applicable laws and regulations in performing under this Agreement. 5.2.2. Professional Services. The City warrants and represents that any and all services that it provides pursuant to this Agreement shall be performed in a professional and workmanlike manner and in compliance with applicable law and by agreed upon specifications. 5.3. LIMITED WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, INCLUDING ANY MAINTENANCE OBLIGATIONS SET FORTH IN SECTION 3.2, REDFLEX MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE REDFLEX SYSTEM OR ANY RELATED EQUIPMENT OR SOFTWARE, OR WITH RESPECT TO THE RESULTS OF THE PROGRAM. 6. TERMINATION. 6.1. TERMINATION: Either Party shall have the right to terminate this Agreement by written notice to the other Parties if (i) state statutes are amended or otherwise changed to prohibit or substantially change the operation of the Program; (ii) the highest appellate court for the State of Washington rules that the Violations Data are inadmissible in evidence; or (iii) another Party commits a material breach of this Agreement. In the event of a breach pursuant to (iii) above, the breaching Party shall have the right to remedy or cure the material breach within forty-five (45) calendar days (or within such other time period as the Parties shall mutually agree, which agreement shall not be unreasonably withheld or delayed) after receipt of written notice from the terminating Party setting forth in reasonable detail the facts giving rise to the material breach. Termination of this Agreement based upon an alleged material breach shall not be enforceable or effective unless the terminating Party mails written notice to the breaching Party not less than forty-five (45) calendar days before the termination date and provides to the breaching Party the opportunity to remedy or cure the breach within the time period provided above. The right to terminate this Agreement shall be without prejudice to any other right or remedy of any Party with respect to the breach concerned (if any) or any other breach of this Agreement except as otherwise provided in this Agreement. 6.2. TERMINATION FOR NON-APPROPRIATION. Notwithstanding any provision to the contrary, if the City is unable to appropriate funds to fulfill its obligations under this Agreement, the City shall give written notice to Redflex not less than thirty (30) days prior to the end of the fiscal year for which funds have already been appropriated, together with a financial statement showing the inability to appropriate funds for the next fiscal year, and this Agreement shall terminate at the Page 207 of 221 end of the fiscal year in which notice is given. the City shall use all reasonable efforts to ensure appropriated funds are available to satisfy the City’s obligations under this Agreement. 6.3. TERMINATION FOR CONVENIENCE. Either Party may terminate this Agreement upon 30 business days’ written notice to the other Party of its intent to terminate this Agreement. If the City chooses to exercise its option to terminate the Agreement for convenience, the City shall pay to Redflex an amount equal to the unamortized costs of the direct labor and direct material costs, and capitalized costs, associated with the installation of all Intersection Approaches installed pursuant to the terms of this Agreement based upon a three (3) year, month by month amortization schedule for each Intersection Approaches (referred to as the “Approach 3-Year Amortization Schedule”). This Approach 3-Year Amortization Schedule shall commence as of the “Go Live” date of each Intersection Approach. Redflex shall provide the City an itemized estimate prior to the installation of an Intersection Approach reflecting the cost of labor and direct material costs. Following the installation of each Intersection Approach, Redflex shall provide an itemized statement, with supporting invoices and labor expense documentation, to the City of the amount of direct labor costs and direct material costs solely associated with the installation of an Intersection Approach. 6.4. PROCEDURES UPON TERMINATION. The termination of this Agreement shall not relieve either Party of any liability that accrued before termination. Except as set forth in Section 6.4, upon the termination of this Agreement, all of the provisions of this Agreement shall terminate and: 6.4.1. Redflex shall: (i) immediately cease to provide services, including but not limited to work in connection with the construction or installation activities and services in connection with the Program, provided, however, that, at its option, Redflex may continue to process data collected prior to the date of termination related to Potential Violations for the purpose of enabling the City to determine whether a Violation has occurred, and may continue to print and mail Citations based on such data; (ii) promptly deliver to the City any and all Proprietary Property or Confidential Information of the City provided to Redflex pursuant to this Agreement, except for any information necessary for Redflex, at its option, to process pre-termination data in accordance with the preceding clause (i); (iii) promptly deliver to the City a final report regarding the collection of data and the issuance of Citations in a format and for a period of time mutually agreed upon by Redflex and the City; (iv) promptly deliver to the City a final invoice for all amounts owed by the City to Redflex for work performed and Citations issued by Redflex prior to the termination; and (v) provide such assistance as the City may reasonably request from time to time in connection with prosecuting and enforcing Citations issued prior to the termination of this Agreement. Redflex shall have no obligation to retain Violations Data after termination of this Agreement. At termination and upon the City’s prior written request, Redflex will transfer the Violations Data to the City in accordance with a mutually agreed upon method of transfer. The City shall be responsible for all costs associated with the transfer of the Violations Data including but not limited to administrative costs, storage media and storage media authoring device costs, and internet bandwidth costs incurred in transferring the Violations Data. Upon completion of the transfer of the Violations Data to the City, Redflex shall have no obligation or responsibility concerning the Violations Data. 6.4.2. The City shall (i) immediately cease using the Program, accessing the Redflex System and using any other Intellectual Property of Redflex, except in accordance with Section 6.4.2(i) above, (ii) promptly deliver to Redflex any and all Proprietary Property or Confidential Information of Redflex provided to the City pursuant to this Agreement with the exception that the City may maintain a copy of any records in its possession that may be subject to applicable records retention laws and Chapter 42.56 RCW as amended, and (iii) promptly pay Redflex any and all fees, charges and amounts that the City owes Redflex for work performed and Citations issued prior to the termination, as outlined in Exhibit D. 6.4.3. Unless the City and Redflex have agreed to enter into a new agreement relating to the Program or have agreed to extend the Term, Redflex shall remove any and all above ground level Equipment or other Redflex materials installed in connection with Redflex’s Page 208 of 221 performance of its obligations under this Agreement and return the site to substantially the same condition as it was at the time of the initial Equipment installation. . 6.4.4. The City shall continue to pay to Redflex a pro rata share of all monies or revenue generated, collected and/or received by City after the termination of the Agreement that are, in any way, a result of, associated with and/or attributable to, in whole or in part, the products or services that Redflex provided to the City pursuant to this Agreement. 6.5. SURVIVAL. Notwithstanding the foregoing, the definitions provided for in Section 1 and each of the following Sections shall survive the termination of this Agreement: (i) Sections 4.2 (Reservation of Rights), 5.1 (Redflex Representations and Warranties), 5.2 (City Representations and Warranties), 5.3 (Limited Warranties), 7 (Confidentiality), 8 (Indemnification and Liability), 9 (Notices), 10 (Dispute Resolution), 11.1 (Assignment), 11.17 (Injunctive Relief; Specific Performance), 11.18 (Applicable Law) and 11.19 (Jurisdiction and Venue), and (ii) any Section in this Agreement which states, or evidences the intent of the Parties, that the Section survives the expiration or termination of the Agreement, or must survive to give effect to the Section. 7. CONFIDENTIALITY. During the Term and for a period of three (3) years after its expiration or termination, neither Party shall disclose to any third person, or use for itself in any way, any Confidential Information learned from the other Party during the course of the negotiations for this Agreement or during the Term. Upon termination of this Agreement, each Party shall return to the other all tangible Confidential Information of such Party. For all requirements under Section 7, each Party shall retain in confidence and not disclose to any third party any Confidential Information without the other Party’s express written consent, except (a) to its employees who are reasonably required to have the Confidential Information, (b) to its agents, representatives, attorneys and other professional advisors that have a need to know such Confidential Information, provided that such Parties undertake in writing (or are otherwise bound by rules of professional conduct) to keep such information strictly confidential, and (c) pursuant to, and to the extent of, a request or order by any Governmental Authority, including laws relating to public records. 8. INDEMNIFICATION AND LIABILTY. 8.1. Indemnification by Redflex. Subject to Section 8.3, Redflex hereby agrees to defend and indemnify the City, and its affiliates, shareholders, managers, officers, directors, employees, agents, representatives and successors, permitted assignees and each of their affiliates, and all persons acting by, through, under or in concert with them, or any of them (individually a “City Party” and collectively, the “City Parties”) against, and to protect, save and keep harmless the City Parties from, and to pay on behalf of or reimburse the City Parties as and when incurred for, any and all liabilities, obligations, losses, damages, penalties, demands, claims, actions, suits, judgments, settlements, costs, expenses and disbursements (including reasonable attorneys’, accountants’ and expert witnesses’ fees) of whatever kind and nature (collectively, “Losses”), which may be imposed on or incurred by any City Party arising out of or related to (a) any material misrepresentation, material inaccuracy or material breach of any covenant, warranty or representation of Redflex contained in this Agreement or (b) the willful misconduct or negligence of Redflex, its employees or agents which results in death or bodily injury to any person or any damage to any real or tangible personal property (including the personal property of third parties), except to the extent caused by the willful misconduct or negligence of any City Party. 8.2. Indemnification by City. Subject to Section 8.3, the City hereby agrees to defend and indemnify Redflex and its affiliates, shareholders, managers, officers, directors, employees, agents, representatives and successors, permitted assignees and all persons acting by, through, under or in concert with them, or any of them (individually a “Redflex Party” and collectively, the “Redflex Parties”) against, and to protect, save and keep harmless the Redflex Parties from, and to pay on behalf of or reimburse the Redflex Parties as and when incurred for, any and all Losses which may be imposed on or incurred by any Redflex Party arising out of or in any way related to (a) any material misrepresentation, material inaccuracy or material breach of any covenant, warranty or representation of the City contained in this Agreement, (b) the willful misconduct of the City, its employees, contractors or agents which result in death or bodily injury to any person or any damage to any real or tangible personal property (including the personal property of third parties), except to the extent caused by the willful misconduct or negligence of any Redflex Page 209 of 221 Party, or (c) any claim, action or demand challenging the City’s use of the Redflex System or any portion thereof, the validity of the results of the City’s use of the Redflex System or any portion thereof, or the validity of the Citations issued, prosecuted and collected as a result of the City’s use of the Redflex System or any portion thereof, except to the extent caused by the willful misconduct or negligence of any Redflex Party. 8.3. Indemnification Procedures. In the event any claim, action or demand (a “Claim”) for which any Party seeks indemnification from the other Party, the Party seeking indemnification (the “Indemnified Party”) shall give the Party from whom indemnification is sought (the “Indemnifying Party”) written notice of the Claim promptly after the Indemnified Party first becomes aware of the Claim; provided, however, that failure so to give such notice shall not preclude indemnification with respect to such Claim except to the extent of any additional or increased Losses or other actual prejudice directly caused by such failure. The Indemnifying Party shall have the right to choose counsel to defend such Claim (subject to the approval of such counsel by the Indemnified Party, which approval shall not be unreasonably withheld, conditioned or delayed), and to control, compromise and settle such Claim, and the Indemnified Party shall have the right to participate in the defense at its sole expense; provided, however, the Indemnified Party shall have the right to take over the control of the defense or settlement of such Claim at any time if the Indemnified Party irrevocably waives all rights to indemnification from and by the Indemnifying Party. The Indemnifying Party and the Indemnified Party shall cooperate in the defense or settlement of any Claim, and no Party shall have the right enter into any settlement agreement that materially affects the other Party’s material rights or material interests without such Party’s prior written consent, which consent will not be unreasonably withheld or delayed. 8.4. LIMITED LIABILITY. Notwithstanding anything contrary in this Agreement, neither Party shall be liable to the other Party for any special, incidental, indirect, consequential, exemplary or punitive damages, including damages resulting from Lost Profits, however caused and on any theory of liability arising out of or relating to this Agreement. 9. NOTICES. Any notices required by this Agreement shall be in writing, and shall be deemed to have been given (a) upon delivery, if delivered by hand, (b) three (3) days after being mailed either first class, certified mail, return receipt requested, postage and registry fees prepaid, or (c) one Business Day after being delivered to a reputable overnight courier service, excluding the U.S. Postal Service, prepaid, marked for next day delivery, in each case addressed or sent as follows: 9.1. Notices to Redflex: Redflex Traffic Systems, Inc. Attn: Legal Department 5651 W. Talavi Blvd., Suite 200 Glendale, Arizona 85306 E-Mail: legaldepartment@redflex.com 9.2. Notices to the City: City of Pasco Attention: Jeff Harpster, Commander 215 W Sylvester St Pasco, WA 99301 Email: harpsterj@pasco-wa.gov 10. DISPUTE RESOLUTION. The Parties shall engage in informal, good faith discussions and attempt to resolve any dispute or disagreement between the Parties arising out of or relating to this Agreement before initiating arbitration, mediation or litigation. In connection with those informal discussions, each Party shall appoint a designated officer and the designated officers of the Parties shall meet in person for the purpose of attempting to resolve and dispute. The designated officers shall meet as often as the Parties shall determine to be reasonably necessary. In the event the dispute is not resolved, it shall be resolved by binding arbitration pursuant to RCW 7.04A, as amended, and the Mandatory Page 210 of 221 Rules of Arbitration (MAR); and venue shall be placed in Franklin County, Washington, the laws of the State of Washington shall apply, and the prevailing party shall be entitled to its reasonable attorney fees and costs. 11. MISCELLANEOUS. 11.1. ASSIGNMENT. Neither Party may assign all or any portion of this Agreement without the prior written consent of the other, which consent shall not be unreasonably withheld or delayed. 11.2. RELATIONSHIP BETWEEN REDFLEX AND THE CITY. Nothing in this Agreement shall create, or be deemed to create, a partnership, joint venture or the relationship of principal and agent or employer and employee between the Parties. The relationship between the Parties shall be that of independent contractors, and nothing contained in this Agreement shall create the relationship of principal and agent or otherwise permit either Party to incur any debts or liabilities or obligations on behalf of the other Party (except as specifically provided in this Agreement). 11.3. AUDIT RIGHTS. Each of Parties hereto shall have the right to audit the books and records of the other Party (the “Audited Party”) solely for the purpose of verifying the payments, if any, payable pursuant to this Agreement. Any such audit shall be conducted upon not less than forty-eight (48) hours’ prior notice to the Audited Party, at mutually convenient times and during the Audited Party’s normal business hours. Except as otherwise provided in this Agreement, the cost of any such audit shall be borne by the non-Audited Party. In the event any such audit establishes any underpayment of any payment payable by the Audited Party to the non-Audited Party pursuant to this Agreement, the Audited Party shall promptly pay the amount of the shortfall, and in the event that any such audit establishes that the Audited Party has underpaid any payment by more than twenty five percent (25%) of the amount of actually owing, the cost of such audit shall be borne by the Audited Party. If the audit establishes any overpayment by the Audited Party of any payment made pursuant to this Agreement, the non-Audited Party shall promptly refund to the Audited Party the amount of the overpayment. 11.4. FORCE MAJEURE. No Party will be liable to the other or be deemed to be in breach of this Agreement for any failure or delay in rendering performance arising out of causes beyond its reasonable control and without its fault or negligence. Such causes may include but are not limited to, acts of God, war, terrorism, significant fires, floods, earthquakes, epidemics, severe weather, quarantine restrictions, strikes, freight embargoes, or Governmental Authorities approval delays which are not caused by any act or omission of Redflex. The Party whose performance is affected agrees to notify the other promptly of the existence and nature of any delay. 11.5. ADDITIONAL SERVICES. This Agreement may be amended, in accordance with Section 11.6, to add additional Redflex systems and products, including, but not limited to school zone speed enforcement. 11.6. ENTIRE AGREEMENT. This Agreement represents the entire Agreement between the Parties, and there are no other agreements (other than invoices and purchase orders), whether written or oral, which affect its terms. This Agreement may be amended only by a subsequent written agreement signed by both Parties. 11.7. SEVERABILITY. If any provision of this Agreement is held by any court or other competent authority to be void or unenforceable in whole or part, this Agreement shall continue to be valid as to its other provisions and the remainder of the affected provision. 11.8. WAIVER. Any waiver by either Party of a breach of any provision of this Agreement shall not be considered as a waiver of any subsequent breach of the same or any other provision of this Agreement. 11.9. CONSTRUCTION. This Agreement shall be construed as having been fully and completely negotiated by both Parties and neither the Agreement nor any of its provision shall be construed more strictly against either Party. 11.10. HEADINGS. The headings of the sections contained in this Agreement are included for reference purposes only, solely for the convenience of the Parties, and shall not in any way be deemed to affect the meaning, interpretation or applicability of this Agreement or any of its terms, conditions or provisions. 11.11. EXECUTION AND COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed an original, and such counterparts together shall constitute only one instrument. Any one of such Page 211 of 221 counterparts shall be sufficient for the purpose of proving the existence and terms of this Agreement, and no Party shall be required to produce an original or all of such counterparts in making such proof. 11.12. COVENANT OF FURTHER ASSURANCES. All Parties to this Agreement shall, upon request, perform any and all acts and execute and deliver any and all certificates, instruments and other documents that may be necessary or appropriate to carry out any of the terms, conditions and provisions of this Agreement. 11.13. REMEDIES CUMULATIVE. Each and all of the several rights and remedies provided for in this Agreement shall be construed as being cumulative and no one of them shall be deemed to be exclusive of the others or of any right or remedy allowed by law or equity, and pursuit of any one remedy shall not be deemed to be an election of such remedy, or a waiver of any other remedy. 11.14. BINDING EFFECT. This Agreement shall inure to the benefit of and be binding upon all of the Parties and their respective executors, administrators, successors and permitted assigns. 11.15. COMPLIANCE WITH LAWS. Nothing contained in this Agreement shall be construed to require any act contrary to law, and whenever there is a conflict between any term, condition or provision of this Agreement and any present or future statute, law, ordinance or regulation, the latter shall prevail, but in such event the term, condition or provision of this Agreement affected shall be modified or limited only to the extent necessary to bring it within the requirement of the law, provided that such modification or limitation is consistent with the intent of the Parties as expressed in this Agreement. 11.16. NO THIRD-PARTY BENEFIT. Nothing contained in this Agreement shall be deemed to confer any right or benefit on any Person who is not a Party to this Agreement. 11.17. INJUNCTIVE RELIEF; SPECIFIC PERFORMANCE. The Parties agree and acknowledge that a breach of Sections 4.1 (License), 4.3 (Restricted Use) or 7 (Confidentiality) of this Agreement would result in severe and irreparable injury to the other Party, which injury could not be adequately compensated by an award of money damages, and the Parties therefore agree and acknowledge that they shall be entitled to injunctive relief in the event of any breach of these Sections, or to enjoin or prevent such a breach. 11.18. APPLICABLE LAW. This Agreement shall be governed solely by and construed, in all respects, in accordance with the laws of the State of Washington. 11.19. JURISDICATION AND VENUE. Any conflict, claim or dispute between the Parties affecting, arising out of or relating to the subject matter of this Agreement shall be filed only in and litigated solely in the Franklin County Superior Court in the State of Washington and all Parties specifically consent and agree to the exclusive jurisdiction of that court. 11.20. ATTORNEYS’ FEES. In the event any legal action is commenced to enforce or interpret this Agreement, the prevailing Party is entitled to reasonable attorney’s fees, costs, and expenses incurred. 11.21. PREVAILING WAGE. Redflex shall be responsible for complying with the applicable prevailing wage requirements. 11.22. Both Parties agree that no provision or requirement of this Agreement shall be interpreted, construed, applied, or enforced if it would result in a potential violation by the City of any applicable statutes or regulations of the State of Washington, including but not limited to Washington State records retention requirements and the Public Records Act, Chapter 42.56 RCW as amended. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. “The City” “Redflex” CITY OF PASCO, WASHINGTON REDFLEX TRAFFIC SYSTEMS, INC. ____________________________ ____________________________ Name: ______________________ Name: Michael Finn Title: ______________________ Title: Vice President Page 212 of 221 EXHIBIT “A” Intersection Approaches, This Agreement is for the implementation of up to ten (10) Intersection Approaches. The number and identification of enforced approaches will be based on mutual agreement between Redflex and the City as warranted by community safety and traffic needs. Nothing in this Agreement shall be construed as requiring the Parties install the maximum number of approaches authorized herein. The City will make all reasonable efforts to provide the list of proposed intersections under consideration prior to formal project kick-off to the designated Redflex project manager. Page 213 of 221 EXHIBIT “B” Construction and Installation Obligations Timeframe for Installation: Automated Photo Enforcement Program: Redflex will install, deliver and activate the Designated Intersection Approaches in phases in accordance with an implementation plan to be mutually agreed to by Redflex and the City. As part of the implementation plan, the Parties will mutually agree upon the number and location of the Intersection Approaches that Redflex will install as part of the initial project kick-off (“Initial Installation Group”). The Initial Installation Group shall be limited to four (4) Intersection Approaches. Redflex will use reasonable commercial efforts to install and activate the Initial Installation Group within sixty (60) days of the latest of a) formal project kick-off; b) receipt of the required City approved program Business Rules; and c) receipt of all required government approvals. The City agrees that the estimated timeframe for installation and activation are subject to conditions beyond the control of Redflex and are not guaranteed. In order to provide the City with timely completion of the installations, Redflex requires that the City assist with obtaining timely responses to permit requests. The City acknowledges the importance of the safety program and undertakes that in order to keep the project on schedule the City will provide engineering review(s) of Redflex permit requests and all documentation in a timely manner. 1. REDFLEX OBLIGATIONS. Redflex shall do or cause to be done each of the following (in each case, unless otherwise stated below, at Redflex’s sole expense): 1.1. Appoint the Redflex Project Manager and a project implementation team; 1.2. Request current “as-built” electronic engineering drawings for the Designated Intersection Approaches (the “Drawings”) from the City traffic engineer; 1.3. Develop and submit to the City for approval construction and installation specifications in reasonable detail for the Designated Intersection Approaches, including but not limited to specifications for all radar sensors, pavement loops, electrical connections and traffic controller connections, as required; 1.4. Seek approval from the relevant Governmental Authorities having authority or jurisdiction over the construction and installation specifications for the Designated Intersection Approaches (collectively, the “Approvals”), which will include compliance with City permit applications; 1.5. Finalize the acquisition of the Approvals; 1.6. Apply for and pay the business tax and registration tax for a business license, in accordance with Pasco Municipal Code; 1.7. Assist the City in developing a public awareness strategy, which may include media and educational materials; 1.8. Complete the installation and testing of all necessary Equipment, including hardware and software, at the Designated Intersection Approaches; 1.9. Cause an electrical sub-contractor to complete all reasonably necessary electrical work at the Designated Intersection Approaches, including but not limited to the installation of all related Equipment and other detection sensors, poles, cabling, telecommunications equipment and wiring, which work shall be performed in compliance with all applicable local, state and federal laws and regulations; 1.10. Install and test the functionality of the Designated Intersection Approaches with the Redflex System and establish fully operational Violation processing capability with the Redflex System; 1.11. Implement the use of the Redflex System at each of the Designated Intersection Approaches; 1.12. Deliver the Materials to the City; 1.13. Citation processing and citation issuance/re-issuance for Authorized Violations; 1.14. Once a year, upon request of the City, provide training (i) for up to fifteen (15) personnel of the City, including but not limited to the persons who City shall appoint as Authorized Employees and other persons involved in the administration of the Program, (ii) for up to sixteen (16) hours in the aggregate, (iii) regarding the operation of the Redflex System and the Program, which training shall include training with respect to the Redflex System and its operations, strategies for Page 214 of 221 presenting Violations Data in court and judicial proceedings and a review of the Enforcement Documentation; 1.15. Provide all necessary communication, broadband and telephone services to the Designated Intersection Approaches; 1.16. Establish an interface by utilizing City’s ability, as a government entity, to access the records data of the Washington State Department of Licensing. Redflex will assist the City in the developing an interface to be provided by the Department of Licensing; 1.17. Interact with court and judicial personnel to address issues regarding the implementation of the Redflex System, the development of a subpoena processing timeline that will permit the offering of Violations Data in court and judicial proceedings, and coordination between Redflex, and the City; and 1.18. The Redflex Project Manager (or a reasonable alternate) shall be available to the Authorized Officers each day, on a reasonable best efforts basis. 2. CITY OBLIGATIONS. The City shall do or cause to be done each of the following (in each case, unless otherwise stated below, at the City’s sole expense): 2.1. Appoint the Project Manager; 2.2. Assist Redflex in obtaining the Drawings from the relevant Governmental Authorities; 2.3. Notify Redflex of any specific requirements relating to the construction and installation of any Intersection Approaches or the implementation of the Program; 2.4. Provide ongoing assistance to Redflex in obtaining access to the records data of the Washington State Department of Licensing in Redflex’s capacity as an independent contractor to the City; 2.5. Provide reasonable access to the City’s properties and facilities in order to permit Redflex to install and test the functionality of the Designated Intersection Approaches and the Program; 2.6. Provide reasonable access to the personnel of the City and reasonable information about the specific operational requirements of such personnel for the purposes of performing training; 2.7. Seek approval or amendment of Awareness Strategy and provide written notice to Redflex with respect to the quantity of media and program materials (the “Materials”) that the City will require in order to implement the Awareness Strategy during the period commencing on the date on which Redflex begins the installation of any of the Designated Intersection Approaches and ending one (1) month after the Installation Date; 2.8. Develop the Violation Criteria and provide the Violation Criteria to Redflex; 2.9. Seek approval of the Enforcement Documentation; 2.10. On no less than a monthly basis and no later than the 15th calendar day following the end of the previous month, the City shall provide, without cost to Redflex, reports regarding the prosecution of Citations, the collection of fines, fees and other monies and available collision data, in such format as Redflex may reasonably request; 2.11. Yellow Light Timing Review: The City is responsible to ensure that the yellow or amber light phase timing at all photo enforced intersections meets minimum standards according to Federal, State, and local laws, guidelines, and/or rules; 2.12. Provide on-going adequate electrical power in order to operate the Designated Intersection Approaches; 2.13. The City will allow Redflex to use existing conduit space and existing infrastructure, including but not limited to traffic signal poles and light poles, as available; 2.14. The City shall be responsible to provide and install LED traffic signal lights (yellow and red) at all enforced locations; and 2.15. The City is responsible for all computer hardware, web browsers and high-speed Internet access necessary for the Authorized Employee to access the Redflex systems and software; 2.16. The City shall be solely responsible for the fabrication of any signage, notices or other postings required pursuant to any law, rule or regulation of any Governmental Authority (“Signage”), including but not limited to the applicable State statute. The City shall be responsible for installing required Signage. Page 215 of 221 EXHIBIT “C” Maintenance 1. All repair and maintenance of the Program and related equipment will be the sole responsibility of Redflex, including but not limited to maintaining the casings of the cameras included in the Redflex System and all other Equipment in reasonably clean and graffiti-free condition. 2. Redflex shall not open the Traffic Signal Controller Boxes without a representative of City Public Works Department present. 3. In the event that images of a quality suitable for the Authorized Employee to identify Violations cannot be reasonably obtained without the use of flash units, Redflex shall provide and install such flash units. 4. Redflex may assign specific personnel to provide follow up assistance to the City in the form of the HELPDESK, a designated City Service Representative and a Director of Accounts. 5. Redflex will make commercially reasonable efforts to promote the City’s successful utilization of the System, including but not limited to providing the City with user guides, online help, online training and presentations (as available). Redflex will respond to helpdesk requests for support within 8 hours of the request except where circumstances beyond its control preclude a response within that time. Redflex will use commercially-reasonable efforts to respond to all other support requests within 24 hours for requests received during the period of 8 am to 5 pm Central Standard Time, Monday through Friday. Redflex shall be responsible for receiving City reports of errors in the System, and, to the extent practicable over email or telephone, making commercially-reasonable efforts to assist the City in resolving the City’s reported problems. If the problem cannot be resolved telephonically, Redflex will use commercially-reasonable efforts to restore functionality in accordance with System specifications within 72 hours of Redflex’s receipt of the reported problem. 6. Redflex must promptly notify the City of any and all upgrades and technology modifications, including but not limited to software, hardware, camera systems, violation detection systems upon the product’s general availability (not in alpha, beta and testing phases). Should the City decide to implement any such upgrades or modifications it will be at a price and on terms mutually agreed by the Parties. 7. In the event a camera system is knocked down or suffers vandalism rendering the approach inoperative, the City will secure the camera system by removing the system from the scene and storing it in a secure location. Redflex must pay the City for the cost of a City maintenance team to secure their camera system when an after-hours callout is required. Redflex is not required to reimburse the City when a City maintenance team secures a camera system during regular business hours. 8. The City shall notify Redflex as soon as possible if any camera system is knocked down or subject to vandalism. 9. Roadway/Intersection improvement projects: City shall reimburse Redflex the costs of replacing and or modification of operational system approaches necessitated or caused by roadway or intersection improvement projects. Page 216 of 221 EXHIBIT “D” COMPENSATION & PRICING PRICING PROVISIONS AND OPTIONS: The City agrees to pay Redflex as follows: Designated Intersection Approaches The City shall pay Redflex $4,870 per Designated Intersection Approach per month. BUSINESS ASSUMPTIONS FOR ALL PRICING PROVISIONS AND OPTIONS: 1. Each year, on the anniversary date of the contract, the pricing will increase by a percentage equal to the U.S. Department of Labor CPI-U, U.S. City Average for the preceding calendar year. 2. Except for a balance remaining pursuant to the Cost Neutrality provision below, City agrees to pay Redflex within thirty (30) days after an invoice is received. A monthly late fee of 1.5% is payable for amounts remaining unpaid 60 days from date of invoice. 3. All fees charged by third parties for processing credit cards (“Merchant Fees”) will be borne by the City and paid from the paid Citations. Online convenience fees are not considered Merchant Fees or revenue received or as payment toward the Fixed Monthly Fee to be paid by the City. Online convenience fees are the responsibility of the Violator and are passed solely onto Redflex. 4. At the City’s request, Redflex can implement a default collection process managed by a third-party collections expert with the aim of increasing violator compliance. If the Parties decide to use a third- party collections expert, they shall do so in a written amendment to this Agreement that shall provide for any corresponding changes to the terms and conditions in this Agreement. 5. Cost Neutrality 5.1. The City shall have the option to make payments to Redflex in accordance with the Cost Neutrality Payment Option. Under this option, the City may defer payment of that portion of the monthly service fee in excess of the amount collected during that month until the City has collected sufficient funds pursuant to this Agreement to pay that portion of the monthly service fee (“Deferred Monthly Service Fee”). A Deferred Monthly Service Fee shall be paid from the funds collected in the following month pursuant to this Agreement provided that sufficient funds are collected during that month to pay the Deferred Monthly Service Fee. Specifically, the funds collected each month pursuant to this Agreement shall be applied first to any unpaid Deferred Monthly Service Fees and then to that month’s service fee; provided, however, that the City shall never be required to pay in any month an amount in excess of the funds collected that month. 5.2. Redflex shall maintain an accounting of the net balance of monthly service fees and Deferred Monthly Service Fees owed to Redflex. In any event, the City will not be obligated to pay the full amount of an invoice for any given month unless there is sufficient revenue collected in that month to pay all of the amounts of the prior invoices that were deferred as well as the full amount of the current month's invoice. 5.3. Cost Neutrality will be reconciled at the end of the contract. If at the expiration or termination of this Agreement there is an outstanding balance of unpaid Deferred Monthly Service Fees, any funds collected by the City for the subsequent twelve (12) months on account of Citations issued as a result of the Program shall be applied to the outstanding balance until that balance is fully paid. 5.4. Cost neutrality is guaranteed except as follows: 5.4.1. If police or Authorized Employees fail to approve violations by the due date, in good faith and due diligence; 5.4.2. If systems are de-activated due to City requirement; 5.4.3. If collections are not reasonably pursued, unless, despite attempts by the City to encourage collections by the courts, the courts fail to pursue unpaid collections; or 5.4.4. City directs Redflex to install a camera at a site that is not mutually agreed upon. Page 217 of 221 Page 218 of 221 EXHIBIT “E” Additional Rights and Obligations Redflex and the City shall respectively have the additional rights and obligations set forth below: 1. Redflex shall assist the City in public information and education efforts, including but not limited to the development of artwork for utility bill inserts, press releases and schedules for any public launch of the Program. All costs related to the foregoing, including actual print and production costs, are the responsibility of the City. 2. The City shall not access the Redflex System or use the Program in any manner other than prescribed by law and which restricts or inhibits any other Person from using the Redflex System or the Program with respect to any Intersection Approaches constructed or maintained by Redflex for such Person, or which could damage, disable, impair or overburden the Redflex System or the, and the City shall not attempt to gain unauthorized access to (i) any account of any other Person, (ii) any computer systems or networks connected to the Redflex System, or (iii) any materials or information not intentionally made available by Redflex to the City by means of hacking, password mining or any other method whatsoever, nor shall the City cause any other Person to do any of the foregoing. 3. The City shall maintain the confidentiality of any username, password or other process or device for accessing the Redflex System or using the Program. 4. Redflex and the City shall advise each other in writing with respect to any applicable rules or regulations governing the conduct of the other on or with respect to the property of such other Party, including but not limited to rules and regulations relating to the safeguarding of confidential or proprietary information, and when so advised, Redflex and the City shall obey any and all such rules and regulations. 5. The City shall promptly reimburse Redflex for the cost of repairing or replacing any portion of the Redflex System, or any property or equipment related thereto, damaged directly or indirectly by the City, or any of its employees, contractors or agents. 6. The Parties shall agree on specific Business Rules governing the function and operation of the Redflex System. 7. If Redflex and the City use an online payment system for violations, payment for violations shall be made through a payment portal maintained by the City of Pasco. The online payment system’s website shall redirect cited individuals to the City portal for final payment. Page 219 of 221 EXHIBIT “F” Insurance 1. Redflex shall procure and maintain at Redflex’s sole cost and expense the following insurance coverage in connection with the performance of work or services pursuant to this Agreement by Redflex, and each of Redflex’s subcontractors, agents, representatives and employees: – Commercial General Liability Insurance. Commercial General Liability Insurance with coverage limits of not less than One Million Dollars ($1,000,000) combined single limit per occurrence for bodily injury and property damage, Two Million Dollars ($2,000,000) Products-Completed Operations Aggregate and Two Million Dollars ($2,000,000) General Aggregate, such limits of coverage may be met through any combination of primary and excess liability policies; – Business Automobile Liability Insurance. Business Automobile Liability Insurance with coverage of not less than One Million Dollars ($1,000,000) combined single limit per accident for bodily injury or property damage, including but not limited to coverage for all automobiles owned, non-owned and hired by Redflex, such limits of coverage may be met through any combination of primary and excess liability policies; – Professional Liability (Errors and Omissions) Insurance. Redflex will use its commercial best efforts to procure and maintain Professional Liability (Errors and Omissions) Insurance with coverage of not less than Two Million Dollars ($2,000,000) each and every claim and in the Aggregate; and – Workers’ Compensation and Employer’s Liability Insurance. Workers’ Compensation Insurance with coverage of not less than that required by the Labor Code of the State of Washington, and Employer’s Liability Insurance with coverage of not less than: $1,000,000 Bodily Injury by Accident – Each Accident $1,000,000 Bodily Injury by Disease – Policy Limit $1,000,000 Bodily Injury by Disease – Each Employee 2. With respect to the Commercial General Liability Insurance the following additional provisions shall apply: – The City or Cities shall be named as additional insureds with respect to the Commercial General Liability insurance; and – The Commercial General Liability insurance shall be the primary insurance with respect to the City or Cities in connection with this Agreement, and any insurance or self- insurance maintained by the City or Cities shall be in excess, and not in contribution to, such insurance; and – The Commercial General Liability insurance shall include “Separation of Insureds” wording which states that such insurance coverage shall apply separately with respect to each insured against whom claim is made or suit is brought, except with respect to the limits of insurance or any rights or duties specifically assigned to Redflex in such insurance policies. 3. With respect to the insurance described above, Redflex shall not cancel or materially reduce the coverage without providing the City thirty (30) days prior written notice by certified mail. With respect to the insurance described above, if any of the Redflex Parties are notified by any insurer that such coverage will be materially reduced or cancelled, Redflex shall provide written notice within ten (10) business days of receipt of such notice to the City or Cities and shall take all necessary actions to correct such cancellation in coverage limits, and shall provide written notice to the City or Cities of the date and nature of such correction. If Redflex, for any reason, fails to maintain the insurance coverage required pursuant to this Agreement, such failure shall be deemed a material breach of this Agreement, and the City or Cities shall have the right, but not the obligation and exercisable in its/their sole discretion, to either (i) terminate this Agreement and seek damages from Redflex for such breach, or (ii) purchase such required insurance, and without further notice to Redflex, deduct from any amounts due to Redflex pursuant to this Agreement, any premium costs advance by the City or Cities for such insurance. If the premium costs advanced by the City or Cities for such insurance exceed any amounts due to Redflex pursuant to Page 220 of 221 this Agreement, Redflex shall promptly remit such excess amount to the City or Cities upon receipt of written notice thereof. 4. Redflex shall provide certificates of insurance evidencing the insurance required pursuant to the terms of this Agreement, which certificates shall be executed by an authorized representative of the applicable insurer, and which certificates shall be delivered to the City prior to Redflex commencing any work pursuant to the terms of this Agreement. Page 221 of 221