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HomeMy WebLinkAbout2019.03.04 Council Meeting PacketRegular Meeting AGENDA PASCO CITY COUNCIL 7:00 p.m. March 4, 2019 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. 4 - 8 (a) Approval of Minutes To approve the minutes of the Pasco City Council Meeting dated February 19, 2019 and Pasco City Council Special Meeting dated February 25, 2019. 9 - 10 (b) Bills and Communications To approve claims in the total amount of $2,405,701.18 ($1,489,475.65 in Check Nos. 227522-227762; $127,877.33 in Electronic Transfer Nos. 823384-823478, 823493-823564, 823566-823627, 823630-823665, 823669- 823703, 823706-823723, 823727-823750; $25,762.02 in Check Nos. 52434- 52452; $762,586.18 in Electronic Transfer Nos. 30130794-30131288). (RC) MOTION: I move to approve the Consent Agenda as read. 4. PROCLAMATIONS AND ACKNOWLEDGEMENTS: 11 - 12 (a) Proclamation for "Tri-Cities Cancer Center Day" Council to present Proclamation to Ken Gamboa, Tri-Cities Cancer Center, Director of Marketing 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 Page 1 of 77 Regular Meeting March 4, 2019 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 13 - 15 (b) General Fund Monthly Report - January 2019 7. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: 16 - 22 (a) ROW Vacation: Vacating a portion of Saint Thomas Drive (VAC 2019- 001) CONDUCT PUBLIC HEARING MOTION: I move to approve Ordinance No. 4426, vacating street right-of- way on Saint Thomas Drive near the intersection with Broadmoor Boulevard, and further, authorize publication by summary only. 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: 23 - 29 (a) FCID Addendum MOTION: I move to approve Resolution 3896, approving an Addendum to the Franklin County Irrigation District Contract Amendment dated January 8, 2019, and further, authorize the City Manager to execute the Addendum. 30 - 38 (b) Pasco Municipal Code - Re-Codification - First Reading MOTION: I move for the first reading of Ordinance No. 4427, for consideration of Pasco Municipal Code - Re-Codification. 39 - 77 (c) *Sale of City Properties on Lewis Street and Heritage Blvd. MOTION: I move to approve Resolution No. 3897, approving the sale of certain real property on Lewis Street. MOTION: I move to approve Resolution No. 3898, approving the sale of certain real property on Heritage Blvd. 9. UNFINISHED BUSINESS: Page 2 of 77 Regular Meeting March 4, 2019 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 #....” REMINDERS: • Thursday, March 7, 2019, 5:30 p.m., Parks & Recreation Advisory Board – P&R Classroom, Pasco City Hall (COUNCILMEMBER DAVID MILNE, Rep.; COUNCILMEMBER SAUL MARTINEZ, 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 3 of 77 AGENDA REPORT FOR: City Council February 27, 2019 TO: Dave Zabell, City Manager Regular Meeting: 3/4/19 FROM: Krystle Shanks, Administrative Assistant II Community & Economic Development SUBJECT: Approval of Minutes I. REFERENCE(S): Minutes 2.19.19 Minutes 2.25.19 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve the minutes of the Pasco City Council Meeting dated February 19, 2019 and Pasco City Council Special Meeting dated February 25, 2019. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 4 of 77 REGULAR MEETING MINUTES PASCO CITY COUNCIL FEBRUARY 19, 2019 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: 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 Special Meeting dated February 11, 2019. Bills and Communications To approve claims in the total amount of $2,045,355.71 ($1,218,278.01 in Check Nos. 227290-227521; $32,708.94 in Electronic Transfer Nos. 823487, 823565; $19,382.73 in Check Nos. 52417-52433; $774,986.03 in Electronic Transfer Nos. 30130286-30130793). 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 $344,971.95 and, of that amount, authorize $248,299.20 to be turned over for collection. 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  Ms. Barajas attended the Benton Franklin Council of Governments Meeting.  Mr. Alvarado attended the Greater Columbia Health Communications Committee and the last PAC (Policy Advisory Committee) for Benton Franklin Council of Governments.  Mr. Alvarado volunteered to be the primary liaison for the Benton Franklin Council of Governments. Ms. Barajas volunteered to be the alternate. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: Rivershore Reconveyance Update and Discussion Page 5 of 77 REGULAR MEETING MINUTES PASCO CITY COUNCIL FEBRUARY 19, 2019 MOTION (Option 2): Mr. Maloney moved to approve Resolution No. 3894, as amended, requesting reconveyance of specific federally-owned park lands, unneeded flowage easements, openspace, and federal shoreline lands abutting private properties along the Columbia River to City of Pasco ownership. Mr. Milne seconded. Motion carried unanimously. Pasco residents who spoke in favor of the resolution (Option 2): Michael Korenko, Peter Voordepoorte, Kurk Watts, Joanne Shadel, Max Burns, Gerry Roach, Larry Swisher, Don Harlow. Ordinance Amending PMC Regarding "Purchasing" MOTION: Mr. Maloney moved to adopt Ordinance No. 4423, amending Chapter 3.85 "Purchasing" of the Pasco Municipal Code and, further, authorize publication by summary only. Mr. Serrano seconded. Motion carried unanimously. Administrative Review of Right-of-Way Dedications and Short Plat Right- of-Way Improvements (MF# CA 2018-005) MOTION: Mr. Maloney moved to adopt Ordinance No. 4424, amending PMC Title 26 regarding the dedication of public rights-of-way, and further, authorize publication by summary only. Ms. Barajas seconded. Motion carried unanimously. Single Room Occupancy Housing (MF# CA 2018-004) MOTION: Mr. Maloney moved to adopt Ordinance No. 4425, amending PMC Title 25 allowing Single Room Occupancy Housing, and further, authorize publication by summary only. Mr. Alvarado seconded. Motion carried unanimously. MISCELLANEOUS DISCUSSION: Mr. Strebel expressed his appreciation for the patience and comments from the public as well as the hard work put forth by the Police, Fire, Public Works and Facilities staff during the winter storms. Mayor Watkins acknowledged the Fire Department who used social media to offer help to those in need of getting their medications during the winter storm and thanked City staff on how they responded to the storm in coordination with other agencies. EXECUTIVE SESSION: Council adjourned to Executive Session at 8:47 p.m. for approximately 15 minutes to consider acquisition of real estate and establish sales price or lease amount of real estate with the Deputy City Manager and City Attorney. Mayor Watkins called the meeting back to order at 9:02 p.m. ADJOURNMENT: There being no further business, the meeting was adjourned at 9:03 p.m. PASSED AND APPROVED this 4th day of March 2019. Page 6 of 77 REGULAR MEETING MINUTES PASCO CITY COUNCIL FEBRUARY 19, 2019 APPROVED: ATTEST: Matt Watkins, Mayor City Clerk Page 7 of 77 SPECIAL MEETING MINUTES PASCO CITY COUNCIL FEBRUARY 25, 2019 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; Eric Ferguson, 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. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: FCID License Agreement MOTION: Mr. Maloney moved to approve Resolution No. 3895, a resolution of the City of Pasco, Washington, authorizing the execution of a License Agreement between the City of Pasco and the Franklin County Irrigation District (FCID) for sewer line construction and installation. Mr. Martinez seconded. Motion carried unanimously. ADJOURNMENT: With no further business, the special meeting was adjourned at 7:12 p.m. PASSED AND APPROVED this 4th day of March, 2019. APPROVED: ATTEST: Matt Watkins, Mayor City Clerk Page 8 of 77 AGENDA REPORT FOR: City Council February 28, 2019 TO: Dave Zabell, City Manager Regular Meeting: 3/4/19 FROM: Richa Sigdel, Director Finance SUBJECT: Bills and Communications I. REFERENCE(S): Accounts Payable 03.04.19 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve claims in the total amount of $2,405,701.18 ($1,489,475.65 in Check Nos. 227522-227762; $127,877.33 in Electronic Transfer Nos. 823384-823478, 823493- 823564, 823566-823627, 823630-823665, 823669-823703, 823706-823723, 823727- 823750; $25,762.02 in Check Nos. 52434-52452; $762,586.18 in Electronic Transfer Nos. 30130794-30131288). III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 9 of 77 REPORTING PERIOD: March 4, 2019 Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined Check Numbers 227522-227762 52434-52452 Total Check Amount $1,489,475.65 $25,762.02 Total Checks 1,515,237.67$ Electronic Transfer Numbers 823384-823478 30130794-30131288 823493-823564 823566-823627 823630-823665 823669-823703 823706-823723 823727-823750 Total EFT Amount $127,877.33 $762,586.18 $0.00 Total EFTs 890,463.51$ Grand Total 2,405,701.18$ Councilmember 543,687.74 30,854.39 0.00 0.00 12.54 0.00 0.00 2,724.97 17,433.74 2,465.29 3,576.81 15,710.33 1,502.17 5,187.25 99.24 0.00 0.00 659.80 0.00 0.00 18,786.22 85.84 12,930.07 0.00 391,972.23 494,639.44 28,934.47 0.00 1,362.93 0.00 0.00 0.00 0.00 833,075.71 GRAND TOTAL ALL FUNDS:2,405,701.18$ EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL EQUIPMENT RENTAL - REPLACEMENT BUSINESS MEDICAL/DENTAL INSURANCE OLD FIRE OPEB FLEX PAYROLL CLEARING EQUIPMENT RENTAL - OPERATING BUSINESS SPECIAL ASSESSMENT LODGING LITTER ABATEMENT REVOLVING ABATEMENT TRAC DEVELOPMENT & OPERATING PARKS ECONOMIC DEVELOPMENT HOTELS/MOTEL EXCISE TAX LID GENERAL CAP PROJECT CONSTRUCTION UTILITY, WATER/SEWER EQUIPMENT RENTAL - OPERATING GOVERNMENTAL GENERAL FUND STREET ARTERIAL STREET RIVERSHORE TRAIL & MARINA MAIN C.D. BLOCK GRANT HOME CONSORTIUM GRANT NSP GRANT MARTIN LUTHER KING COMMUNITY CENTER AMBULANCE SERVICE CEMETERY ATHLETIC PROGRAMS GOLF COURSE SENIOR CENTER OPERATING MULTI-MODAL FACILITY The City Council STADIUM/CONVENTION CENTER February 14 - 27, 2019 C I T Y O F P A S C O Council Meeting of: Accounts Payable Approved STREET OVERLAY City of Pasco, Franklin County, Washington We, the undersigned, do hereby certify under penalty of perjury the materials have been furnished, the services rendered or the labor performed as described herein and the claim is a just, due and unpaid obligation against the city and we are authorized to authenticate and certify to such claim. Dave Zabell, City Manager Richa Sigdel, Finance Director We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this 4th day of March, 2019 that the merchandise or services hereinafter specified have been received and are approved for payment: Councilmember SUMMARY OF CLAIMS BY FUND: Page 10 of 77 AGENDA REPORT FOR: City Council February 27, 2019 TO: Dave Zabell, City Manager Regular Meeting: 3/4/19 FROM: Stan Strebel, Deputy City Manager Executive SUBJECT: Proclamation for "Tri-Cities Cancer Center Day" I. REFERENCE(S): II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Council to present Proclamation to Ken Gamboa, Tri-Cities Cancer Center, Director of Marketing III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 11 of 77 Proclamation “Tri-Cities Cancer Center Day” March 19, 2019 WHEREAS, the Tri-Cities Cancer Center is a partnership of Kadlec, Lourdes Health and Trios Health and is a freestanding non-profit cancer treatment facility and community resource for cancer treatment, support, education, and information.; and WHEREAS, Tri-Cities Cancer Center is proud to celebrate 25 years of caring for our community by providing world-class cancer treatment, survivorship, prevention and early detection programs delivered with excellence here at home; and WHEREAS, The Tri-Cities Cancer Center began as a dream for a place within our region not only to treat cancer, but also to care for those impacted by it; and NOW, THEREFORE, I, Matt Watkins, Mayor of the City of Pasco, Washington, do hereby proclaim March 19, 2019 as “Tri-Cities Cancer Center Day” in Pasco, and I urge all citizens to celebrate Tri-Cities Cancer Center Day ~ to support their efforts to provide the highest level of cancer care for our region, making our community a better place to live, work and play. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Pasco, State of Washington, to be affixed this 4th day of March 2019. Matt Watkins, Mayor City of Pasco Page 12 of 77 AGENDA REPORT FOR: City Council February 28, 2019 TO: Dave Zabell, City Manager Regular Meeting: 3/4/19 FROM: Richa Sigdel, Finance Director Finance SUBJECT: General Fund Monthly Report - January 2019 I. REFERENCE(S): General Fund Report II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: N/A III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: The Finance Department provides a monthly financial update to the City Council on the General Fund, the City's major fund. The Department provides quarterly reports to Council for other non-major funds. V. DISCUSSION: The General Fund is on track for both revenue and expenses as of January 2019 month end. While some revenues and expenses might not track with the elapsed time, these variations can be explained and will not impact the City's budget. Page 13 of 77 Fund NameFund DescriptionReport MonthJanuary, 2019Elapsed Time4%2017 Actual 2018 Actual2019-2020 Budget2019-2020 Actual2019-2020 ProjectedVariance% of Biennial BudgetRevenuesTaxesProperty 7,963,302 8,352,750 21,548,971 39,250 21,548,971 0 0%Sales 13,180,233 14,154,008 27,519,809 0 27,519,809 0 0%Public Safety 1,523,723 1,661,707 3,373,400 0 3,373,400 0 0%Utility 9,409,979 9,585,916 19,538,919 651,136 19,538,919 0 3%Other1,252,023 1,299,862 2,437,750 22,158 2,437,750 0 1%Licenses & Permits 2,177,235 2,640,720 4,459,000 337,984 4,459,000 0 8%Intergovernmental 2,130,300 2,294,273 4,737,868 20,000 4,737,868 0 0%Charges Goods & Services 6,932,637 7,385,382 15,417,018 675,515 15,417,018 0 4%Fines & Forfeits 788,474 943,321 1,811,200 56,458 1,811,200 0 3%Miscellaneous 657,342 1,731,200 1,195,800 42,618 1,195,800 0 4%Debt & Transfer In 638,000 232,298 17,705,200 11,467 17,705,200 0 0%Total Revenues 46,653,248 50,281,437 119,744,935 1,856,586 119,744,935 0 2%ExpendituresCity Council 111,918 124,533 260,540 5,704 260,540 0 2%Municipal Court1,458,682 1,504,212 3,228,697 130,832 3,228,697 0 4%City Manager1,709,640 1,635,045 4,261,136 182,110 4,261,136 0 4%Police 16,497,955 16,565,400 35,524,184 966,430 35,524,184 0 3%Fire 7,660,554 7,874,894 15,266,340 355,847 15,266,340 0 2%Administrative & Community Servic7,370,500 7,502,803 16,217,814 417,786 16,217,814 0 3%Community & Economic Developm1,748,053 1916402 3,878,345 71,793 3,878,345 0 2%Finance 2,196,310 2,270,459 5,105,873 89,307 5,105,873 0 2%Engineering 1,726,983 1,555,552 3,791,421 67,961 3,791,421 0 2%Library 1,445,550 1,375,894 2,905,818 112,901 2,905,818 0 4%Non-Departmental 2,025,292 2,795,354 4,367,755 957,931 4,367,755 0 22%Debt & Transfer Out 3,592,619 1,914,455 24,224,750 57,084 24,224,750 0 0%Total Expenditures 47,544,056 47,035,003 119,032,673 3,415,685 119,032,673 0 3%Status - LaborStatus - Non LaborAnticipated Future IssueLargest fund within the City portfolio. Taxes are major revenue sources and Public Safety salaries and benefits are major expenses within this fund.Regular and over-time labor is on track, however, overtime patterns vary with each department. For e.g., Fire Department expends most of its overtime during fire season. Staff will continue to track overtime patterns, and notify Council if/when any action is needed.City is expected to be on track for non labor expenses. Non-Departmental expenditure, that mainly consist of non labor cost is higher than elapsed time. This is to be expected due to large payment of insurance premium made in the begining of the year. General fund could be expected to subsidize Street fund for large portion of snow removal cost. Street fund receives revenue from General fund, as well as Motor Vehicle Fuel Tax from State to operate. By design, the fund maintains low level of fund balance and will need support to absorb impact of this year's snow event. Staff will notify Council when action is needed. We anticipate that to be in next two months.General FundPage 14 of 77 GENERAL FUND END FUND BALANCE HISTORY: $0$5,000$10,000$15,000$20,000$25,000$30,000$35,000$40,000$45,000$50,000JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DECThousands2019 Cumulative General Fund Revenue & Expenditures2019 Cumulative Revenue2019 Cumulative Expenditures5-Yr Average Rev5-Yr Average ExpPage 15 of 77 AGENDA REPORT FOR: City Council February 27, 2019 TO: Dave Zabell, City Manager Rick White, Director Community & Economic Development Regular Meeting: 3/4/19 FROM: Darcy Bourcier, Planner I Community & Economic Development SUBJECT: ROW Vacation: Vacating a portion of Saint Thomas Drive (VAC 2019-001) I. REFERENCE(S): Proposed Ordinance Overview Map Vicinity Map Exhibit 1 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: CONDUCT PUBLIC HEARING MOTION: I move to approve Ordinance No. ______, vacating street right-of-way on Saint Thomas Drive near the intersection with Broadmoor Boulevard, and further, authorize publication by summary only. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: The property owner of the parcel located at the southeast corner of Saint Thomas Drive and Broadmoor Boulevard (Parcel #115 470 029) has petitioned for the vacation of right-of-way from a remnant circular street feature at the most western end of Saint Thomas Drive before said street connects with Broadmoor Boulevard. The right-of- way in question is unused and does not have vehicular access. As recommended at the special meeting on February 11, 2019, Council set March 4, 2019 as the date to consider the proposed vacation in a public hearing. Page 16 of 77 V. DISCUSSION: Per PMC 12.40 the Council may require compensation for vacated rights -of-way. The compensation involves obtaining a title report and appraisal of value. However, the compensation and the requirements attached thereto may be waived if one or more of the following conditions apply: 1. The vacation is initiated by the City Council by Resolution; 2. The vacation is at the request of the City; 3. The right-of-way to be vacated was previously determined by the City Council not to be essential to public traffic circulation and available for vacation; 4. The grant of substitute right-of-way which has a value as a right-of-way at least equal to that right-of-way to be vacated; and 5. The resulting benefit to the community of the project requiring the vacation outweighs the appraised value of the right-of-way to be vacated. The bulbous right-of-way intended to facilitate a circular street feature at the entrance of Saint Thomas Drive was dedicated to the City in May of 1994 b y Metropolitan Mortgage & Securities Co., Inc. However, in 1998, the entrance to Saint Thomas Drive was redesigned and the circular feature was abandoned in favor of simply connecting Saint Thomas Drive to Broadmoor Boulevard as a standard T-shaped intersection. Council Resolution 3892 set the hearing to consider the vacation. Engineering Division staff has reviewed the proposed vacation and has indicated that there are no utility considerations. Staff recommends the compensation for the subject right-of-way be waived based on condition #5 listed above. The portion of right-of-way to be vacated is approximately 3,681 square feet and assessed at $18,324.09; considering that the City paid no public funds to acquire the right-of-way initially, the City will not have lost any funds if the vacation is approved. Further, the City has no use for the excess right -of-way and it may be better utilized to facilitate development on the property to the south. It is expected that the benefits of the proposed service and retail use slated for said property will far outweigh the assessed value of the right-of-way in question. Staff recommends Council's favorable consideration of the vacation request. Page 17 of 77 1 WHEN RECORDED PLEASE RETURN TO: City of Pasco Attn: Planning Director 525 North 3rd Pasco, WA 99301 ORDINANCE NO. __________ AN ORDINANCE VACATING THE SOUTH PORTION OF THE RIGHT-OF- WAY BULB ON SAINT THOMAS DRIVE NEAR THE INTERSECTION OF BROADMOOR BOULEVARD WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City, the City Council may vacate right-of-way; and WHEREAS, a petition for the vacation of a portion of Saint Thomas Drive has been submitted to the City; and, WHEREAS, the subject right -of-way was dedicated to the City with no associated public cost; and, WHEREAS, the City Council may waive the requirement for a title report, an appraisal of value and compensation if the resulting benefit to the community from the project requiring the vacation outweighs the appraised value of the right -of-way to be vacated; and, WHEREAS, the right -of-way bulb at the most western end of Saint Thomas Drive immediately before said street connects with Broadmoor Boulevard was intended to facilitate a circular street feature at the entrance of Saint Thomas Drive and was dedicated to the City in May of 1994, and; WHEREAS, the circular street feature was abandoned at the time of the redesign of the Saint Thomas Drive entrance in 1998; and WHEREAS, the applicant proposes a two-phase construction project consisting of an 8,150 square foot building for service and other retail uses; and, Page 18 of 77 2 WHEREAS, the proposed new develo pment will result in benefits that will have a lasting impact on the community; and, WHEREAS, all steps and procedures required by law to vacate said easements have been duly taken and performed; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That the southern portion of the right -of-way bulb on Saint Thomas Drive near the intersection of Broadmoor Boulevard, as depicted in Exhibit “1” be and the same are hereby vacated. Section 2. That a certified copy of this Ordinance be recorded by the City Clerk of the City of Pasco in and w ith the office of the Auditor of Franklin County, Washington. Section 3. This ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, this _____ day of ____________________, 2019. _____________________________ Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ City Clerk Leland B. Kerr, City Attorney Page 19 of 77 City of Pasco, IS Division /Item: Vacation - A portion of Saint Thomas Drive Applicant: Numerica Credit Union File #: VAC 2019-001 Overview Map St Th o m a s D r Broadmoor Blvd0 320 640160Feet Chapel Hill Blvd VACATION SITE Page 20 of 77 City of Pasco, IS Division /Item: Vacation - A portion of Saint Thomas Drive Applicant: Numerica Credit Union File #: VAC 2019-001 Vicinity Map St Thomas Dr Broadmoor Blvd0 50 10025FeetPage 21 of 77 /Item: Vacation - A portion of Saint Thomas Drive Applicant: Numerica Credit Union File #: VAC 2019-001 Exhibit 1 St Thomas DrBroadmoor Blvd0 80 16040FeetPage 22 of 77 AGENDA REPORT FOR: City Council March 1, 2019 TO: Dave Zabell, City Manager Regular Meeting: 3/4/19 FROM: Steve Worley, Director Public Works SUBJECT: FCID Addendum I. REFERENCE(S): Resolution Addendum to Franklin County Irrigation District (FCID) Contract Amendment II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution ______, approving an Addendum to the Franklin County Irrigation District Contract Amendment dated January 8, 2019, and further, authorize the City Manager to execute the Addendum. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: The City entered into an agreement with the FCID on January 8, 2015 regarding the FCID's irrigation pipeline located within the Burns Road right-of-way. The agreement was related to the construction of Burns Road in the same area as an FCID easement for an irrigation pipeline. That agreement was amended on January 8, 2019 to address maintenance responsibility of the irrigation pipeline. A situation recently developed related to the Pasco School District's projects on Burns Road such that a portion of the FCID irrigation pipeline needs to be relocated. FCID would like clarification through the subject Addendum that the January 8, 2019 amended agreement would continue to apply to any modifications to the FCID irrigation pipeline such as what is being done by the Pasco School District project. V. DISCUSSION: Page 23 of 77 The attached Contract Addendum was developed by FCID. City staff and legal staff have reviewed the addendum and recommend it's approval. Page 24 of 77 … RESOLUTION NO._______ A RESOLUTION APPROVING AN ADDENDUM TO THE FRANKLIN COUNTY IRRIGATION DISTRICT (FCID) CONTRACT AMENDMENT DATED JANUARY 8, 2019, AND FURTHER, AUTHORIZE THE CITY MANAGER TO EXECUTE THE ADDENDUM. WHEREAS, the Pasco Public Works Department entered into an agreement with the Franklin County Irrigation District (FCID) on January 8, 2015 regarding the FCID's irrigation pipeline located within the Burns Road right-of-way; and WHEREAS, the agreement was related to the construction of Burns Road in the same area as an FCID easement for an irrigation pipeline; and, WHEREAS, said agreement was amended on January 8, 2019 to address maintenance responsibility of the irrigation pipeline; and, WHEREAS, a situation recently developed related to the Pasco School District's projects on Burns Road such that a portion of the FCID irrigation pipeline needs to be relocated; and, WHEREAS, FCID would like clarification through the subject Addendum that the January 8, 2019 amended agreement would continue to apply to any modifications to the FCID irrigation pipeline such as what is being done by the Pasco School District project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: 1. Approves an Addendum to the Franklin County Irrigation District (FCID) Contract Amendment dated January 8, 2019, and further, authorize the City Manager to execute said Addendum. Passed by the City Council of the City of Pasco this ____ day of March, 2019. _______________________________ Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: ________________________________ ___________________________________ City Clerk Kerr Ferguson Law Group, City Attorney Page 25 of 77 AFTER RECORDING,MAIL TO: Mr.William E.Davis Leavy,Schultz,Davis,PS‘ 2415 West Falls Avenue Kennewick,WA 99336 CONTRACT ADDENDUM Grantor(s):FRANKLIN COUNTY IRRIGATION DISTRICT NO.I,a Washington municipal corporation Grantee(s):CITY OF PASCO,A Washington municipal corporation Abbreviated Legal:PTN of Sections 4 and 5,T9N,R29 EWM,...Franklin Co.,WA Full Legal Description:See Attached Exhibits Assessor’s Tax Parcel Number(s):PTN 115-170-084,PTN 115-170-066,and PTN 115-110,013 Reference No.: THIS CONTRACT ADDENDUM is an Addendum to the Contract Amendment dated the 8”‘day of January,2019 between the CITY OF PASCO,a Washington municipal corporation,hereinafter referred to as “Pasco,”and the FRANKLIN COUNTY IRRIGATION DISTRICT NO.I,a Washington municipal corporation,hereinafter referred to as “District,”and is an ADDENDUM further to the contract entered into between Pasco and the District dated January 8,2015,and WHEREAS it is the intent of Pasco and the District to clarify speci?cations for work performed on the Roundy Line which is the subject matter of the Contract and the Contract Amendment;and Contract Addendum —Page I Page 26 of 77 WHEREAS except as clari?ed by this Addendum,the amendment to the Contract dated January 8,2019 and the Contract dated January 8,2015 remain in full force and effect;and WHEREAS this Addendum shall be recorded with the Franklin County Auditor.Notice pursuant to RCW 65.08.170 shall constitute notice to the adjacent property owners,and WHEREAS the parties acknowledge that they are cooperating with one another in the development and use of the right-of-way and the existing pipeline subject to the January 8,2015 Agreement and the Amendment to said Agreement dated January 8,2019. NOW,THEREFORE,the parties agree as follows: 1.The parties hereby acknowledge that from time to time changes will be made to the existing Roundy Line (the Pipeline subject to the Agreement and Contract Amendment) and to expedite Agreement between Pasco and the District with regard to such changes, Pasco and the District agree that the changes do not modify the terms,provisions or obligations of either party under the Agreement or the contract amendment,provided that both the District and Pasco agree to the changes and all specifications and construction with regard to said changes.Any such changes as approved by both Pasco and the District shall not impair nor change the obligations of either party with regard to the agreement as amended by the contract amendment referred to herein. 2.To implement joint approval of Pasco and the District,the parties agree that the party (being either Pasco or the District)who initiates the change by requiring a developer directly or indirectly provide infrastructure improvements or requires or initiates any action with an impact upon the Roundy Line,then the party initiating or requiring the change or improvements shall become the lead agency to coordinate with the other agency (being Pasco or the District)to insure that both Pasco and the District approve the changes,specifications and constructions.Lead agency shall present the proposed changes to the other agency and acquire the other agency’s written approval for the changes.Lead agency can then provide the necessary approvals to the developers, developer’s engineer,the developer’s contractor,or the agency’s contractor.Lead agency shall be responsible for obtaining the approval of the other agency with regard to the specifications and construction and the lead agency will be the agency to sign off on the changes being made to the Roundy Line. 3.The January 8,2015 Agreement as amended by the Contract Amendment dated January 8,2019 shall remain in full force and effect,with the addition of the provisions herein. Contract Addendum —Page 2 Page 27 of 77 PASCO: BY: Authorized Officer DISTRICT:7 ,‘ BYL ' //2%;/{M4 Chairman ' 3 4 / I If’/fill’!r H V ,"'«,- BYZ it I ,:ix 1’_ SeEret.a.I95’/V 7 STATE OF WASHINGTON ) )ss. COUNTY OF FRANKLIN ) On this day personally appeared before me ,to me known to be an Authorized Agent of the CITY OF PASCO,the municipal corporation that executed the foregoing instrument,and who acknowledged the said instrument to be the free and voluntary act and deed of said municipal corporation,for the uses and purposes therein mentioned,and on oath stated that is authorized to execute the said instrument on behalf of said municipal corporation. GIVEN under my hand and official seal this day of ,20 Notary Public in and for the State of Washington residing at NAME OF NOTARY PUBLIC (TYPE OR PRINT) My Appointment Expires: Contract Addendum —Page 3 Page 28 of 77 STATE OF WASHINGTON ) )ss. COUNTY OF FRANKLIN ) On this(1 personally appeared before me Zflf I D /7/I4/?/O5 and Q5/V/I/I my;5 ,to me known to be the Chairman and the Secretary of FRANKLIN COUNTY IRRIGATION DISTRICT NO.1,the municipal corporation that executed the foregoing instrument,and who acknowledged the said instrument to be the free and voluntary act and deed of said municipal corporation,for the uses and purposes therein mentioned,and on oath stated that they are authorized to execute the said instrument on behalf of said municipal corporation. ‘”JGIVENundermyhandandof?cial seal this1 ?day of 7 ,20 /7 . /242//4za\ Nio/tary'PublEin for the State of Washington residin at(,,%,[(.:'-4—--.E.(,4vL\ NAME OF NOTARY PUBLIC (TYPE OR P NT) My Appointment Expires:51i [IQ Contract Addendum —Page 4 Page 29 of 77 AGENDA REPORT FOR: City Council February 27, 2019 TO: Dave Zabell, City Manager Regular Meeting: 3/4/19 FROM: Stan Strebel, Deputy City Manager Executive SUBJECT: Pasco Municipal Code - Re-Codification - First Reading I. REFERENCE(S): Proposed Ordinance II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: for __________, No. Ordinance of the first for move I reading consideration of Pasco Municipal Code - Re-Codification. III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: City Ordinances which are used by city officials or the public on an ongoing basis are frequently "codified" or placed in the Pasco Municipal Code for legal and convenient reference. For many years the City has done its own codification, providing access to the PMC primarily through bound volumes or the City's website. Last year the City contracted with Code Publishing to review the PMC, correct scrivener's errors and review for internal consistency and correct referencing. In addition Code Publishing has provided web publishing of the Code to improve navigation, searchability and other functionality. The revised, though not official, version of the Code is now online at the City's website. The Revised Code of Washington, RCW 35.21.500-570, provides requirements for cities to follow in codification of ordinances. The process involves a 1st reading, followed by a public hearing and then adoption after a 2nd reading. In order to comply with the RCW, staff recommends Council consider the ordinance providing for the re- codification at 1st reading on March 4 with a public hearing and 2nd reading on March 18. A delayed, but certain effective date of April 1st will give staff time to make certain Page 30 of 77 that administration and enforcement actions are consistent with proper versions of the Code. The proposed ordinance is attached. V. DISCUSSION: Page 31 of 77 Ordinance Amending Chapter 1.01 - 1 ORDINANCE NO. ______ AN ORDINANCE of the City of Pasco, Washington, amending Pasco Municipal Code Chapter 1.01 “Code” and thereby adopting a new codification of the City’s ordinances WHEREAS, Section 35.21.520 of the Revised Code of Washington allows a city that causes to be prepared a codification of its ordinances to adopt such codification by enacting an ordinance adopting such codification as the official code of the city, provided the procedure and requirements of Section 35.21.500 through 35.21.570 of the Revised Code of Washington are complied with; and WHEREAS, the City of Pasco has caused Code Publishing Company of Seattle, Washington to prepare a new codification of the City’s ordinances including a renumbering of various chapters and sections, and correcting manifest errors, additions, and omissions, and other changes; and WHEREAS, a printed copy of the codification prepared by Code Publishing Company of Seattle, Washington is filed with the office of the City Clerk, in compliance with Section 35.21.530 of the Revised Code of Washington; and WHEREAS, the City Council of the City of Pasco properly gave notice of a public hearing on March 3, 2019 that was scheduled for March 18, 2019 at 7:pm at Pasco City Hall, in compliance with Section 35.21.530 of the Revised Code of Washington; and WHEREAS, the City Council of the City of Pasco did hold a public hearing in that same time and place pursuant to the notice; and WHEREAS, the City of Pasco has complied with the procedure and requirements of Section 35.21.500 through 35.21.570 of the Revised Code of Washington; and WHEREAS, the City Council of the City of Pasco desires to adopt the new codification of the City’s ordinances as filed with the office of the City Clerk, and to amend Chapter 1.01 of the Pasco Municipal Code accordingly; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1.That Chapter 1.01 of the Pasco Municipal Code titled “Code” shall be and hereby is amended and shall read as follows: 1.01.010 Codification – Title – Citation – Reference. (1) There is hereby adopted the recodified “Pasco Municipal Code," as revised, reformatted, indexed, edited, and re-published by Code Publishing Company of Seattle, Washington. Page 32 of 77 Ordinance Amending Chapter 1.01 - 2 (2) This code Code shall be known as the “Pasco Municipal Code” and it shall be sufficient to refer to the code Code as the “Pasco Municipal Code” or the “City Code” or the “Pasco City Code” or the “Municipal Code” or the “PMC” in any prosecution for the violation of any provision thereof or in any proceeding at law or equity. It shall also be sufficient to designate any ordinance adding to, amending, correcting or repealing all or any part or portion thereof as an addition to, amendment to, correction or repeal of the “Pasco Municipal Code.” Further, reference may be had to the titles, chapters, sections and subsections of the “Pasco Municipal Code” and such reference shall apply to that numbered title, chapter, section or subsection as it appears in this code Code. (3) The last ordinance included in the original Code is [Ordinance XYZ] passed December [XY], 2018. The following ordinances, passed subsequent to [Ordinance XYZ], but prior to adoption of this Code, are hereby adopted and made a part of this Code: [Ordinance ABC], [Ordinance DEF]. [Ord. 1438 § 1, 1970; Code 1970 § 1.01.010.] 1.01.020 Reference applies to amendments. Whenever a reference is made to this code Code as the “Pasco Municipal Code” or the “City Code” or the “Pasco City Code” or the “Municipal Code” or the “PMC” or to any portion thereof, or to any ordinance of the City of Pasco, Washington, the reference shall apply to all amendments, corrections and additions heretofore, now or hereafter made. [Ord. 1438 § 2, 1970; Code 1970 § 1.01.020.] 1.01.030 Definitions. The following words and phrases, whenever used in this code Code, shall be construed as defined in this section unless from the context a different meaning is intended, or unless different meaning is specifically declined and more particularly directed to the use of such words or phrases: “City” means the City of Pasco, Washington, or the area within the territorial City limits of the City of Pasco and such territory outside of this City over which the City has jurisdiction or control by virtue of any Constitutional provisions, or any law; “Council” means the City Council of the City of Pasco, Washington; “County” means the County of Franklin; “Health officer” means any person designated as such by the Benton-Franklin District Health Office, or any other person designated as such by the City Council; “Oath” includes affirmation; “Office.” The use of the title of any officer, employee, or any office, or ordinance shall mean such officer, employee, office or ordinance of the City of Pasco, Washington, unless otherwise specifically designated; Page 33 of 77 Ordinance Amending Chapter 1.01 - 3 “Person” means natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them; “Shall” and “must.” Each is mandatory; “May” is permissive; “Street” includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs, or other public ways in this City, which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this state; “Written” includes printed, typewritten, mimeographed or multi-graphed. [Ord. 1438 § 3, 1970; Code 1970 § 1.01.030.] 1.01.040 Grammatical interpretation. The following grammatical rules shall apply in this code Code: (1) Gender. Any gender includes the other genders; (2) Singular and Plural. The singular number includes the plural and the plural includes the singular; (3) Tenses. Words used in the present tense include the past and the future tenses and vice versa; (4) Use of Words and Phrases. Words and phrases used in this code Code and not specifically defined shall be construed according to the context and approved usage of the language. [Ord. 1438 § 4, 1970; Code 1970 § 1.01.040.] 1.01.050 Construction. The provisions of this code Code and all proceedings under it are to be construed with a view to effect its objects and to promote justice. [Ord. 1438 § 5, 1970; Code 1970 § 1.01.050.] 1.01.060 Title, chapter and section headings. Title, chapter and section headings contained herein in this Code shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any title, chapter or section hereof. [Ord. 1438 § 6, 1970; Code 1970 § 1.01.060.] 1.01.070 Reference to specific ordinances. Page 34 of 77 Ordinance Amending Chapter 1.01 - 4 The provisions of this code Code shall not in any manner affect deposits or other matters of record which refer to, or are otherwise connected with, ordinances which are therein specifically designated by number or otherwise and which are included within the code Code, but such reference shall be construed to apply to the corresponding provisions contained within this code Code. [Ord. 1438 § 7, 1970; Code 1970 § 1.01.070.] 1.01.080 Codification authority. This code Code consists of all of the regulatory and penal ordinances and certain of the administrative ordinances of the City of Pasco, Washington, codified pursuant to RCW 35.21.500 through 35.21.570. The City Manager or his or her designee is hereby authorized to revise, index, reformat and re-publish such as this Code of ordinances in accordance with RCW 35.21.500. [Ord. 1438 § 8, 1970; Code 1970 § 1.01.080.] 1.01.090 Effect of code Code on past actions and obligations. Neither the adoption of this code Code nor the repeal or amendments hereby of any ordinance or part or portion of any ordinance of the City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof of the adoption of this Code, nor be construed as a waiver of any license, fee, or penalty at said effective date due and unpaid under such ordinances, nor be construed as affecting any of the provisions of such ordinances relating to the collection of any such license, fee, or penalty, or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof required to be posted, filed, or deposited pursuant to any ordinance, and all rights and obligations thereunder appertaining shall continue in full force and effect. [Ord. 1438 § 9, 1970; Code 1970 § 1.01.090.] 1.01.100 Repeal shall not revive any ordinances. The repeal of an ordinance shall not repeal the repealing clause of such ordinance or revive any ordinance, which has been repealed thereby. [Ord. 1438 § 10, 1970; Code 1970 § 1.01.100.] 1.01.110 Repeal. All general ordinances of the City of Pasco not included in this code Code or excluded from the operation and effect of this section are hereby repealed, subject to the provisions of § 1.01.090 and § 1.01.120 of this Code. [Ord. 1438 § 11, 1970; Code 1970 § 1.01.110.] 1.01.120 Exclusions. Every special ordinance of this City governing the following subject matter, whether contained in whole or in part within this code Code, is excluded from the operation and effect of PMC 1.01.110 and is not affected by the repeal provisions hereof. Annexations; franchises; naming roads, streets and public places; acquisition or disposal of public property; vacation of streets, alleys, or public ways; acceptance of any gift, device, license or other benefit; provided that the foregoing enumeration of exceptions or exclusions shall not be deemed to be exclusive or Page 35 of 77 Ordinance Amending Chapter 1.01 - 5 exhaustive, it being the intent and purpose to exclude from repeal any and all ordinances not of a general nature. [Ord. 1438 § 12, 1970; Code 1970 § 1.01.120.] 1.01.130 Violations – Penalty. It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this code Code. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this code Code, except for traffic infractions under the Washington Model Traffic Ordinance as adopted by the City of Pasco and for such violations specifically noted in this code Code as a “civil infraction,” shall upon conviction of a gross misdemeanor, be punished by a fine of not more than $5,000, or by imprisonment for a period of not more than 364 days, or by both such fine and imprisonment or upon conviction of a misdemeanor, be punished by a fine of not more than $1,000, or by imprisonment for a period of not more than 90 days, or by both such fine and imprisonment. Each such person is guilty of a separate offense for each and every day during any portion of which any violation of any provision of this code Code is committed, continued, or permitted by such person and shall be punished accordingly. In addition to the penalties herein above provided, any condition caused or permitted to exist in violation of the provisions of this code Code shall be deemed a public nuisance and may be, by this City, summarily abated as such, and each day that such condition continues shall be regarded as a new and separate offense. [Ord. 4019, 2011; Ord. 3481 § 1, 2001; Ord. 2743 § 1, 1989; Ord 2593 § 1, 1986; Ord. 2549 § 6, 1985; Ord. 2391 § 1, 1982; Ord. 1438 § 13, 1970; Code 1970 § 1.01.130.] 1.01.140 Prohibited acts including causing, permitting, etc. Whenever in this code Code any act or omission is made unlawful, it shall include causing, allowing, permitting, aiding, abetting, suffering or concealing the fact of such act or omission. [Ord. 1438 § 14, 1970; Code 1970 § 1.01.140.] 1.01.150 Criminal attempt. (1) A person is guilty of an attempt to commit crime, if, with intent to commit a specific crime, he or she does any act which is a substantial step toward the commission of that crime. (2) If the conduct in which a person engages otherwise constitutes an attempt to commit a crime, it is no defense to a prosecution of such attempt that the crime charged to have been attempted was under the attendant circumstances, factually or legally impossible of commission. (3) An attempt to commit a crime is a misdemeanor. [Ord. 3481 § 2, 2001; Ord. 2613 § 1, 1986; Code 1970 § 1.01.145.] 1.01.160 Criminal conspiracy/solicitation. (1) A person is guilty of criminal conspiracy/solicitation when, with intent that conduct constituting a crime be performed, he or she agrees with or encourages or solicits one or more Page 36 of 77 Ordinance Amending Chapter 1.01 - 6 persons to engage in or cause the performance of such conduct, and any one of them takes a substantial step in pursuance of such agreement or conduct. (2) It shall not be a defense to criminal conspiracy/solicitation that the person or persons with whom the accused is alleged to have conspired: (a) Has not been prosecuted or convicted; or (b) Has been convicted of a different offense; or (c) Is not amenable to justice; or (d) Has been acquitted; or (e) Lacks the capacity to commit an offense. (3) Criminal conspiracy/solicitation is a misdemeanor. [Ord. 3481 § 3, 2001; Ord. 2694 § 1, 1988; 1970; Code 1970 § 1.01.146.] 1.01.170 Effective date. This code Code shall become effective April 1, 2019 [Ord. 1438 § 15, 1970; Code 1970 § 1.01.150.] 1.01.180 Constitutionality. If any section, subsection, sentence, clause or phrase of this code Code is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this code Code. The Council hereby declares that it would have passed this code Code, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases had been declared invalid or unconstitutional, then the original ordinance or ordinances shall be in full force and effect. [Ord. 1438 § 16, 1970; Code 1970 § 1.01.160.] 1.01.190 Judicial appeals. (1) Appeals from the final decision of the Hearing Examiner, or other City board or administrative body involving the Pasco Municipal Code and for which all other appeals specifically have been timely exhausted, shall be made to the Franklin County Superior Court as an appeal on the administrative record within 21 days of the date of the decision or action became final, unless another applicable appeal process or time period is established by this code Code. (2) Notice of the appeal and any other pleadings required to be filed with the court shall be served as required by law within the applicable time period. Page 37 of 77 Ordinance Amending Chapter 1.01 - 7 (3) The cost of transcribing and preparing all records ordered certified by the court or desired by the appellant for such appeal shall be borne by the appellant. The record of the proceedings shall be prepared by the City or such qualified person as it selects. [Ord. 3877, 2008; Code 1970 § 1.01.170.] Section 2.This Ordinance shall take full force and effect on April 1, 2019, which is more than 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 18th day of March, 2019. __________________________________ Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: __________________________________ __________________________________ City Clerk Kerr Ferguson Law, PLLC, City Attorney Page 38 of 77 AGENDA REPORT FOR: City Council February 27, 2019 TO: Dave Zabell, City Manager Regular Meeting: 3/4/19 FROM: Stan Strebel, Deputy City Manager Executive SUBJECT: Sale of City Properties on Lewis Street and Heritage Blvd. I. REFERENCE(S): Site Map Resolutions (2) Offer Summaries with Purchase and Sale Agreements (2) II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. _____, approving the sale of certain real property on Lewis Street. MOTION: I move to approve Resolution No. _____, approving the sale of certain real property on Heritage Blvd. III. FISCAL IMPACT: Approximately $149,000 net to the Economic Development Fund; $166,000 net to General Fund IV. HISTORY AND FACTS BRIEF: The City owns two parcels of land for which purchase offers have been received as follows: A 2.72 acre property on Lewis St/Heritage Blvd. The property is zoned R -2 Medium Density Residential, was originally purchased to provide r-o-w for Heritage Blvd. and is owned by the Economic Development Fund. The City’s broker completed a market analysis on the property and a price of $1.30/sq./ft. was suggested. The proposed sale price of $154,028 reflects that value. A 3.12 acre property on Heritage Blvd, just north of “A” Street. This parcel has Page 39 of 77 frequently been under consideration for sale to various would be purchasers. The property is zoned R-1A Residential, which allows single family homes, including modular units. The property was recently considered surplus by the City Council and an appraisal (3/18) prepared, followed by a more recent market analysis by the City's broker. The proposed sale price is $176,679 ($1.30 sq. ft.) which is above the appraised price of $1.25 and at the City's asking price. The property is owned by the General Fund. V. DISCUSSION: Staff recommends approval of the proposed Resolutions formalizing authority for the City Manager to complete the two sales per the agreements. Page 40 of 77 E A STS CEDAR AVEHERITAGE BLVDE L EWIS PLE LEWIS ST ANACONDA AVEE H ELENA ST N AVERY AVEN CEDAR AVEE BUTTE CT E K ALISPELL CT POLSON CTBLAIN CT FALLON CT2.7 2 ac 3.1 2 ac R-2 R-1 -A Page 41 of 77 RESOLUTION NO. ___ A RESOLUTION of the City of Pasco, Washington, approving the sale of certain real property on Heritage Blvd. WHEREAS, the Pasco City Council authorized the listing for sale of a 3.12 acre residential property on Heritage Blvd., subject to final approval of the City Council and in accordance with the recommendations of the City’s Real Estate Broker; and WHEREAS, the City has approved a purchase offer on the property which has been recommended for approval by the City Council. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES RESOLVE AS FOLLOWS: Section 1. That the proposed purchase price of $176,679 by US Connections, LLC is at the City’s asking price and has been determined to be acceptable to the City, and is fully accepted. Section 2. That the City Manager is hereby authorized to complete the sale transaction as outlined in the attached Purchase and Sale Agreement as Exhibit “A”. PASSED by the City Council of the City of Pasco at a regular meeting this ______ day of March, 2019. Matt Watkins, Mayor ATTEST: City Clerk Leland B. Kerr, City Attorney Page 42 of 77 Page 43 of 77 Page 44 of 77 Page 45 of 77 Page 46 of 77 Page 47 of 77 Page 48 of 77 Page 49 of 77 Page 50 of 77 Page 51 of 77 Page 52 of 77 Page 53 of 77 Page 54 of 77 Page 55 of 77 Page 56 of 77 Page 57 of 77 Page 58 of 77 Page 59 of 77 Page 60 of 77 Page 61 of 77 RESOLUTION NO. ___ A RESOLUTION of the City of Pasco, Washington, approving the sale of certain real property on Lewis Street. WHEREAS, the Pasco City Council authorized the listing for sale of a 2.72 acre residential property on Lewis Street, subject to final approval of the City Council and in accordance with the recommendations of the City’s Real Estate Broker; and WHEREAS, the City has reviewed a purchase offer on the property which has been recommended for approval by the City Council. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES RESOLVE AS FOLLOWS: Section 1. That the proposed purchase price of $154,028 by Jose Morales, et al. is at the City’s asking price and has been determined to be advantageous to the City, and is fully accepted. Section 2. That the City Manager is hereby authorized to complete the sale transaction as outlined in the attached Purchase and Sale Agreement as Exhibit “A”. PASSED by the City Council of the City of Pasco at a regular meeting this ______ day of March, 2019. Matt Watkins, Mayor ATTEST: City Clerk Leland B. Kerr, City Attorney Page 62 of 77 Page 63 of 77 Page 64 of 77 Page 65 of 77 Page 66 of 77 Page 67 of 77 Page 68 of 77 Page 69 of 77 Page 70 of 77 Page 71 of 77 Page 72 of 77 Page 73 of 77 Page 74 of 77 Page 75 of 77 Page 76 of 77 Page 77 of 77