AGENDA PASCO CITY COUNCIL Remote Regular Meeting 7:00 p.m. June 15, 2020
Page
1. REMOTE MEETING INSTRUCTIONS:
(a) Governor Inslee's Proclamation No. 20-28.4, made in response to the COVID-19 emergency, prohibits members of the public from attending City meetings in-person but requires agencies to provide options for the public to participate in remotely. To best comply, the City asks all members of the public that would like to comment regarding items on the agenda to fill out a form via the City’s website (www.pasco- wa.gov/publiccomment) to obtain access information to comment. Requests to comment in meetings must be received by 4:00 p.m. on the day of each meeting.
To listen to the meeting via phone, call (562) 247-8422 and use access code 633-685-617.
City Council meetings are broadcast live on PSC-TV Channel 191 on Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco-wa.gov/psctvlive and on the City’s Facebook page at www.facebook.com/cityofPasco.
2. CALL TO ORDER:
3. ROLL CALL:
(a) Pledge of Allegiance
4. 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 - 12 (a) Approval of Meeting Minutes
To approve the minutes of the Pasco City Council Meeting held on June 1, 2020 and Workshop held on June 8, 2020.
13 - 15 (b) Bills and Communications
Page 1 of 88 Remote Regular Meeting June 15, 2020
To approve claims in the total amount of $5,146,218.33 ($2,077,942.85 in Check Nos. 235987-236187; $156,563.73 in Electronic Transfer Nos. 828730, 828732, 828734, 828769-828770, 828820; $22,778.02 in Check Nos. 53339-53355; $809,776.51 in Electronic Transfer Nos. 30148573- 30149084; $2,079,157.22 in Electronic Transfer Nos. 680-685).
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 $107,504.95 and, of that amount, authorize $0.00 to be turned over for collection.
16 - 22 (c) PMC Update to Street Overlay and Real Estate Excise Tax
To adopt Ordinance No. 4492, updating Title 3 "Revenue and Finance" of the Pasco Municipal Code, by revising sections within Chapters 3.20 "Real Estate Excise Taxes," and 3.175 "Street Overlay Fund."
23 - 28 (d) PSA Amendment - Moore/Sandifur Property
To approve Resolution No. 3966, authorizing Amendment No. 8 to the Purchase and Sale Agreement between the City of Pasco and Moore Holdings Company, LLC, and further, authorize the City Manager to execute said amendment.
(RC) MOTION: I move to approve the Consent Agenda as read.
5. PROCLAMATIONS AND ACKNOWLEDGEMENTS:
29 - 31 (a) Proclamation for "Juneteenth Day"
Council to present Proclamation to Tri-Cities Juneteenth Community Council members Edmon Daniels and Charvella McGary.
6. REPORTS FROM COMMITTEES AND/OR OFFICERS:
(a) Verbal Reports from Councilmembers
7. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO:
32 - 47 (a) 2021-2026 Six-Year Transportation Improvement Plan
CONDUCT A PUBLIC HEARING
MOTION: I move to approve Resolution No. 3967, adopting the 2021- 2026 Six-Year Transportation Improvement Program for the City of Pasco for the purpose of guiding the development, design, and construction of local
Page 2 of 88 Remote Regular Meeting June 15, 2020
and regional transportation improvements.
8. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS:
48 - 80 (a) Q* Harris Road/Bush Rezone (MF #Z 2020-001)
MOTION: I move to adopt Ordinance No. 4493, rezoning a parcel located at 11920 Harris Rd from RS-20 to RS-12, and further, authorize publication by summary only.
81 - 84 (b) Peaceful Assembly Resolution
If after deliberation, Council may decide to adopt the proposed resolution as is or as amended:
Option No. 1 - MOTION: I move to adopt Resolution No. 3968, reaffirming the right of the people to peaceful assembly.
- or -
Option No. 2 - MOTION: I move to adopt the amended Resolution No. 3968, reaffirming the right of the people to peaceful assembly as discussed and agreed to during the June 15, 2020 Council meeting.
9. UNFINISHED BUSINESS:
10. NEW BUSINESS:
85 - 88 (a) *Bid Award - Fire Station No. 84 and Fire Headquarters
MOTION: I move to award the bid for construction of Fire Station No. 84 & Fire Headquarters to Jackson Contractor Group, Inc. in the amount of $7,526,305.80 including Washington State Sales Tax, and further authorize the City Manager to execute the contract documents.
11. MISCELLANEOUS DISCUSSION:
12. EXECUTIVE SESSION:
13. ADJOURNMENT:
(a) (RC) Roll Call Vote Required * Item not previously discussed Q Quasi-Judicial Matter MF# “Master File #....”
Page 3 of 88 Remote Regular Meeting June 15, 2020
(b)
REMINDERS: • Wednesday, June 17, 5:30 PM: Benton, Franklin & Walla Walla Counties Good Roads & Transportation Association Remote Meeting – Via Zoom (COUNCILMEMBER RUBEN ALVARADO, Rep.; MAYOR SAUL MARTINEZ, Alt.) • Friday, June 19, 10:00 AM: Benton-Franklin Council of Governments Board Meeting – Location to-be-determined (COUNCILMEMBER RUBEN ALVARADO, Rep., MAYOR PRO TEM BLANCHE BARAJAS, Alt.)
This meeting is broadcast live on PSC-TV Channel 191 on Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco-wa.gov/psctvlive.
Audio equipment available for the hearing impaired; contact the Clerk for assistance.
Servicio de intérprete puede estar disponible con aviso. Por favor avisa la Secretaria Municipal dos días antes para garantizar la disponibilidad. (Spanish language interpreter service may be provided upon request. Please provide two business day's notice to the City Clerk to ensure availability.)
Page 4 of 88 AGENDA REPORT
FOR: City Council June 9, 2020
TO: Dave Zabell, City Manager Remote Regular Meeting: 6/15/20 FROM: Debby Barham, City Clerk Administrative & Community Services
SUBJECT: Approval of Meeting Minutes
I. REFERENCE(S):
06.01.2020 & 06.8.2020 Draft Council Minutes
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve the minutes of the Pasco City Council Meeting held on June 1, 2020 and Workshop held on June 8, 2020.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
Page 5 of 88 REMOTE REGULAR MINUTES MEETING PASCO CITY COUNCIL JUNE 1, 2020
REMOTE MEETING INSTRUCTIONS:
Governor Inslee's Proclamation No. 20-28.4, made in response to the COVID- 19 emergency, continued to prohibit members of the public from attending City meetings in-person but required agencies to provide options for the public to participate in remotely. To best comply, the City asked all members of the public that would like to comment regarding items on the agenda to fill out a form via the City’s website (www.pasco-wa.gov/publiccomment). As of 4:00 p.m. on Monday, June 1, 2020, zero (0) requests to speak were received.
CALL TO ORDER:
The meeting was called to order at 7:00 PM by Saul Martinez, Mayor.
ROLL CALL:
Councilmembers present: Ruben Alvarado (virtual), Blanche Barajas (virtual), Craig Maloney (virtual), Saul Martinez (in-person), David Milne (virtual), Zahra Roach (virtual), and Pete Serrano (virtual).
Staff present: Dave Zabell, City Manager(in-person); Colleen Chapin, Human Resources Director (virtual); Eric Ferguson, City Attorney (virtual); Bob Gear, Fire Chief (virtual); Zach Ratkai, Administrative & Community Services Director (in-person); Ken Roske, Police Chief (virtual); Richa Sigdel, Finance Director (virtual); Rick White, Community & Economic Development Director (virtual); Steve Worley, Public Works Director (virtual); and Debby Barham, City Clerk (in-person).
The meeting was opened with the Pledge of Allegiance.
CONSENT AGENDA:
Approval of Meeting Minutes
To approve the minutes of the Pasco City Council Remote Meeting held on May 18, 2020 and Remote Special Meeting & Workshop held on May 26, 2020.
Bills and Communications
To approve claims in the total amount of $2,207,925.52 ($1,131,633.29 in Check Nos. 235768-235986; $279,905.77 in Electronic Transfer Nos. 828368- 828406, 828429-828520, 828538-828608, 828612, 828618-828628, 828647- 828654, 828660, 828663-828665; $14,511.24 in Check Nos. 53327-53338; $779,307.05 in Electronic Transfer Nos. 30148075-30148572; $2,568.17 in Electronic Transfer Nos. 678).
Confirmation of Historic Preservation Commission Reappointment
To confirm the Mayor's reappointment of Devi Tate to Position No. 5 on the Historic Preservation Commission with a term expiring on August 1, 2022.
Resolution Accepting Local CARES Grant
To approve Resolution No. 3962, accepting the City of Pasco's allocation from the Department of Commerce's Coronavirus Relief Funds for Local Government.
Page 1 of 4 Page 6 of 88 REMOTE REGULAR MINUTES MEETING PASCO CITY COUNCIL JUNE 1, 2020
(RC) MOTION: Mayor Pro Tem Barajas moved to approve the Consent Agenda as read. Ms. Roach seconded. Motion carried by unanimous Roll Call vote.
REPORTS FROM COMMITTEES AND/OR OFFICERS:
Verbal Reports from Councilmembers
Ms. Roach commented on the recent Visit Tri Cities Board meeting held virtually. Ms. Roach also stated that both the Benton and Franklin County Commissions are preparing to apply for Phase 2 of the Safe Start Washington initiative instituted by Washington State Governor Inslee.
Mr. Maloney commented on the recent protests related to racial injustices and read emails from local groups regarding this issue.
Mayor Martinez commented on a recent meeting with neighboring community mayors regarding a new public service announcement related to COVID-19. Mayor Martinez also commented on the possibility of requiring all businesses that open require masks for all.
Mayor Martinez noted that Agenda Item 10B. will be removed from the agenda as a protest was received related to the bid opening for improvements to Fire Station Nos. 81 and 82 and Fire Training Rehab projects.
HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO:
Street Vacation: Vacating Portions of Streets and Alleys in Washington Addition (MF# VAC2019-007)
Mr. White provided a brief report related to this proposed Street Vacation for portions of streets and alleys in Washington Addition.
Mayor Martinez continued the public hearing from the March 16, 2020 Council meeting.
There were no public comments.
After three calls, Mayor Martinez closed the public hearing.
MOTION: Mayor Pro Tem Barajas moved to adopt Ordinance No.4491, vacating all roads and alleys lying north of the centerline of E. Helena Street and east of the centerline of Missoula Street within the plat of Washington Addition and further, authorize publication by summary only. Mr. Maloney seconded. Motion carried unanimously.
ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS:
*Resolutions - Ratify Emergency Orders Related to COVID-19
Mr. Zabell explained that three (3) Emergency Orders, recently signed by the Mayor, were needed to be extended due to the ongoing COVID-19 pandemic.
MOTION: Mayor Pro Tem Barajas moved to approve Resolution No. 3963, ratifying Emergency Order No. 2020-002.1, relating to extending temporary moratorium on utility services shut-offs and late fees for City of Pasco customers.Mr. Alvarado seconded. Motion carried unanimously.
Page 2 of 4 Page 7 of 88 REMOTE REGULAR MINUTES MEETING PASCO CITY COUNCIL JUNE 1, 2020
MOTION: Mayor Pro Tem Barajas moved to approve Resolution No.3964, ratifying Emergency Order No. 2020-004.1, relating to extending temporary expansion of administrative paid leave for City of Pasco staff. Mr. Serrano seconded. Motion carried unanimously.
MOTION: Mayor Pro Tem Barajas moved to approve Resolution No. 3965, ratifying Emergency Order No. 2020-005.2, relating to extending temporary change in leave policies. Mr Milne seconded. Motion carried unanimously.
NEW BUSINESS:
*Confirmation of Civil Service Commission/Personnel Board Appointments
Mr. Zabell briefed Council regarding the recent appointment and reappointment to the Civil Service Commission and requested that Council confirm the appointments.
MOTION: Mayor Pro Tem Barajas moved to confirm the City Manager's reappointment of Janis Hastings to Position No. 1 (term to expire 2/17/26) and appoint Josee Saldua to Position No. 2 (term to expire 2/17/22) to the Civil Service Commission/Personnel Board. Ms. Roach seconded. Motion carried unanimously.
*Improvements to Fire Station Nos. 81 & 82 and Fire Training Rehab Bid Award
This item was removed from the agenda due to the receipt of a bid protest.
MISCELLANEOUS DISCUSSION:
Ms. Barajas provided a statement about the recent national and local protests due to the death of George Floyd Jr., the opportunity to speak up and speak out for the under-served, the Pasco Police Department, which is a nationally accredited police force and encouraged peaceful protests.
Mr. Alvarado commented on this difficult time in the nation and asked Council to define their role in facilitating the building of relationships within Pasco and suggested that Council provide a statement and to create an open dialog regarding these national issues.
Mayor Martinez requested that Mr. Zabell work with the community groups to create a resolution or proclamation that addresses these issues.
Mr. Zabell stated that the City's Inclusion, Diversity and Equity Commission has not met due to the COVID-19 interruption; however a facilitator is line up to meet with the IDE Commission. Mr. Zabell suggested that three (3) Councilmembers may join the IDE Commission while working on the City's Resolution. Councilmembers Alvarado, Barajas and Maloney volunteered and Serrano offered to be an alternate representative.
Mayor Martinez expressed appreciation to the Pasco community for the peaceful protests that were held over the weekend and he commended the efforts of the City and specifically the Pasco Police Department for the strides made to become educated and nationally accredited.
Mr. Zabell also expressed appreciation to the Pasco community for holding a peaceful protest, as well as to the Police Chief Roske and Fire Chief Gear for the advance planning their departments conducted and for the appropriate
Page 3 of 4 Page 8 of 88 REMOTE REGULAR MINUTES MEETING PASCO CITY COUNCIL JUNE 1, 2020
presence during the protests made a positive difference in the outcome of the rallies.
Mr. Zabell, Ms. Sigdel and Mr. White briefly discussed the status of CARES Act funding. Mr. Zabell stated that staff will come back to Council with more details on the impact of the City's financial status related to the COVID-19 crisis at the June 8, 2020 workshop.
Council and staff discussion ensued regarding the distribution of the CARES Act funding and Council recommended that to get as much of the funding out into the community taking into account the needs of keeping the City viable; small businesses, vulnerable population, individuals are the priorities; move the funding out quickly, be creative to get the funding out to small businesses and also help them in other ways to reopen those businesses.
Mr. Maloney read the Council's oath of office and stated that he follows the oath when taking action as a Councilmember.
Mayor Martinez thanked the firefighters for keeping the community safe. He added to continue to follow the law and keep everyone safe by wearing face masks to help contain the spread of the COVID-19 virus.
ADJOURNMENT:
There being no further business, the meeting was adjourned at 8:15 PM.
APPROVED: ATTEST:
Saul Martinez, Mayor Debra Barham, City Clerk
Page 4 of 4 Page 9 of 88 REMOTE WORKSHOP MINUTES MEETING PASCO CITY COUNCIL JUNE 8, 2020
REMOTE WORKSHOP INSTRUCTIONS:
The Pasco City Council Workshop was broadcast live on PSC-TV Channel 191 on Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco- wa.gov/psctvlive and on the City’s Facebook page at www.facebook.com/cityofPasco. Call-in information to GoToWebinar for "listen-only" mode was also made available.
CALL TO ORDER:
The meeting was called to order at 7:00 PM by Saul Martinez, Mayor.
ROLL CALL:
Councilmembers present: Ruben Alvarado (virtual), Blanche Barajas (virtual), Craig Maloney (virtual), Saul Martinez (in-person), David Milne (virtual), Zahra Roach (virtual), and Pete Serrano (virtual) .
Staff present: Dave Zabell (in-person), City Manager; Eric Ferguson, City Attorney (virtual); Bob Gear, Fire Chief (virtual); Zach Ratkai, Administrative & Community Services Director (in-person); Ken Roske, Police Chief (virtual); Richa Sigdel, Finance Director (in-person); Rick White, Community & Economic Development Director (virtual); Steve Worley, Public Works Director (virtual); and Debby Barham, City Clerk (in-person).
The meeting was opened with the Pledge of Allegiance.
VERBAL REPORTS FROM COUNCILMEMBERS:
Mayor Pro Tem Barajas reported on the peaceful protest held on Saturday, June 6, 2020, in Pasco supporting the"Black Lives Matter" issue.
ITEMS FOR DISCUSSION:
CPA2020-001 Urban Growth Area Expansion
Mr. White introduced Senior Planner Jacob Gonzales who provided a detailed presentation on the City of Pasco's proposed Urban Growth Area (UGA) amendments, which is required by the Growth Management Act (GMA).
Council and staff discussion occurred throughout the UGA presentation.
2021-2026 Six-Year Transportation Improvement Plan
Mr. White introduced City Engineer Dan Ford who provided the updates included in the proposed 2021-2026 Six-Year Transportation Improvement Plan (TIP). Mr. Ford stated that the proposed TIP will be coming back to Council for a public hearing at the June 15, 2020 Council meeting.
Council and Mr. Ford briefly discussed the proposed TIP.
PMC Update to Street Overlay and Real Estate Excise Tax
Ms. Sigdel explained the need to update the Pasco Municipal Code (PMC) related to the City Street Overlay and Real Estate Excise Tax (REET).
Page 1 of 3 Page 10 of 88 REMOTE WORKSHOP MINUTES MEETING PASCO CITY COUNCIL JUNE 8, 2020
2019-2020 Financial Update
Ms. Sigdel provided an update of the impact of the local government related to the on-going COVID-19 crisis.
Mayor Martinez commented on the financial impacts caused by the pandemic specifically affecting the City of Pasco. Council and Ms. Sigdel held a brief question and answer period and Council expressed appreciation for the healthy reserve that will help the City through this on-going crisis.
Coronavirus Relief Fund
Mr. White started the discussion with a brief update on the funding available to the City of Pasco to help local businesses and individuals during the COVID-19 pandemic. Ms. Sigdel provided a financial presentation related to the available funding.
Council and staff discussion ensued regarding Council's guidance related to the size of loans, minimum reward requirements, awards based on "essential" vs. "non-essential" status and frequency of eligibility (one-time awards or eligible for future awards if funds are available), as well as the structure of the grants and securing a third party partner to manage the program administration and assist the businesses with the application process.
MISCELLANEOUS COUNCIL DISCUSSION:
Benton-Franklin County Letter
Mr. Zabell commented on the Safe Start Washington initiative and the efforts that Benton and Franklin Counties are preparing for the application into Phase 2 of the Governor's plan. Mr. Zabell presented a draft letter from the City of Pasco under the Mayors signature to sign and forward on to the Secretary of Health, John Wiesman expressing support of Franklin and Benton Counties into Phase 2.
Mr. Serrano suggested one amendment to the letter.
Ms. Roach commented on the "Black Lives Matters" protest demonstration that she attended on Saturday, June 6th in Pasco, WA while still maintaining the social distancing mandate. Ms. Roach encouraged the community to actively support anti-racism.
Mr. Maloney reported that the City of Pasco Council Subcommittee to the Inclusion, Diversity and Equity Commission and a resolution related to the City's stance on racism and how the City will promote anti-racism.
Mr. Serrano also commented on how the City and its employees are doing what they can to embrace and protect its citizens equally without regard to race, gender, etc.
Mr. Milne echoed Mr. Serrano's sentiments.
Mayor Martinez expressed his emotions and stated that he was interested in finding a solution to racism and what the community can to do to bring peace and harmony within Pasco and the greater Columbia Basin. Mayor Martinez challenged everyone to look on the other side and have the wherefore-all to not to live in fear and ignorance. Mayor Martinez encouraged everyone to celebrate what each of us have in common and to respect each of our differences - to look beyond color and race.
Page 2 of 3 Page 11 of 88 REMOTE WORKSHOP MINUTES MEETING PASCO CITY COUNCIL JUNE 8, 2020
EXECUTIVE SESSION:
Mayor Martinez announced a five-minute break at 9:47 PM and after the break is over, Council would meet in an executive session starting at 9:52 PM. The purpose of the executive session was to discuss potential litigation with legal counsel per RCW 42.30.110(1)(i) and would last approximately 45 minutes.
Mr. Martinez reconvened the workshop at 10:56 PM.
ADJOURNMENT:
There being no further business, the Council workshop meeting adjourned at 10:56 PM.
APPROVED: ATTEST:
Saul Martinez, Mayor Debra Barham, City Clerk
Page 3 of 3 Page 12 of 88 AGENDA REPORT
FOR: City Council June 11, 2020
TO: Dave Zabell, City Manager Remote Regular Meeting: 6/15/20 FROM: Richa Sigdel, Director Finance
SUBJECT: Bills and Communications
I. REFERENCE(S):
Accounts Payable 06.15.20 Bad Debt Write-off/Collection
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve claims in the total amount of $5,146,218.33 ($2,077,942.85 in Check Nos. 235987-236187; $156,563.73 in Electronic Transfer Nos. 828730, 828732, 828734, 828769-828770, 828820; $22,778.02 in Check Nos. 53339-53355; $809,776.51 in Electronic Transfer Nos. 30148573-30149084; $2,079,157.22 in Electronic Transfer Nos. 680-685).
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 $107,504.95 and, of that amount, authorize $0.00 to be turned over for collection.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
Page 13 of 88 REPORTING PERIOD: May 28 - June 10, 2020 C I T Y O F P A S C O Council Meeting of: June 15, 2020 Accounts Payable Approved The City Council 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 15th day of June, 2020 that the merchandise or services hereinafter specified have been received and are approved for payment:
Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined Check Numbers 235987-236187 53339-53355 Total Check Amount $2,077,942.85 $22,778.02 Total Checks $ 2,100,720.87
Electronic Transfer Numbers 828730 30148573-30149084 680-685 828732 828734 828769-828770 828820 Total EFT Amount $156,563.73 $809,776.51 $2,079,157.22 $0.00 Total EFTs $ 3,045,497.46
Grand Total $ 5,146,218.33
Councilmember Councilmember SUMMARY OF CLAIMS BY FUND:
GENERAL FUND 785,516.10 STREET 9,335.51 ARTERIAL STREET 0.00 STREET OVERLAY 0.00 C.D. BLOCK GRANT 259.53 HOME CONSORTIUM GRANT 0.00 MARTIN LUTHER KING COMMUNITY CENTER 313.94 AMBULANCE SERVICE 43,255.83 CEMETERY 2,434.86 ATHLETIC PROGRAMS 393.47 GOLF COURSE 35,901.95 SENIOR CENTER OPERATING 111.74 MULTI-MODAL FACILITY 580.21 RIVERSHORE TRAIL & MARINA MAIN 94.33 SPECIAL ASSESSMENT LODGING 8,720.32 LITTER ABATEMENT 0.00 REVOLVING ABATEMENT 1,014.00 TRAC DEVELOPMENT & OPERATING 0.00 PARKS 0.00 ECONOMIC DEVELOPMENT 55,534.22 STADIUM/CONVENTION CENTER 40,794.33 HOTEL/MOTEL EXCISE TAX 0.00 LID 0.00 GENERAL CAP PROJECT CONSTRUCTION 393,502.65 UTILITY, WATER/SEWER 2,572,738.98 EQUIPMENT RENTAL - OPERATING GOVERNMENTAL 62,731.54 EQUIPMENT RENTAL - OPERATING BUSINESS 5,583.10 EQUIPMENT REPLACEMENT GOVT 160,319.14 MEDICAL/DENTAL INSURANCE 111,468.86 FLEX 1,478.69 PAYROLL CLEARING 854,135.03
GRAND TOTAL ALL FUNDS: $ 5,146,218.33
Page 14 of 88 BAD DEBT WRITE-OFF/COLLECTION May 1, - May 31, 2020
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 Referred to Total Write-off Collection Write-off Utility Billing $ 35.05 0.00 35.05 Ambulance $ 107,469.90 0.00 107,469.90 Court A/R $ .00 .00 .00 Code Enforcement $ .00 .00 .00 Cemetery $ .00 .00 .00 General $ .00 .00 .00 Miscellaneous $ .00 .00 .00
TOTAL: $ 107,504.95 0.00 107,504.95
Page 15 of 88 AGENDA REPORT
FOR: City Council June 11, 2020
TO: Dave Zabell, City Manager Remote Regular Meeting: 6/15/20 FROM: Richa Sigdel, Finance Director Finance
SUBJECT: PMC Update to Street Overlay and Real Estate Excise Tax
I. REFERENCE(S):
Pasco Municipal Code (PMC) Chapters 3.20 and 3.175 Proposed Ordinance
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To adopt Ordinance No. ____, updating Title 3 "Revenue and Finance" of the Pasco Municipal Code, by revising sections within Chapters 3.20 "Real Estate Excise Taxes," and 3.175 "Street Overlay Fund."
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
In 2012, Council established the Street Overlay Fund to preserve the City's investment in streets by regularly resurfacing existing streets to extend their useful lives, and thereby avoid more costly street rehabilitation programs. Since its creation, this fund has been utilized to maintain existing streets through various overlay methods, such as regular crack sealing, chip sealing, and overlay. Revenue from this fund is generated through utility taxes.
In 2002, the City also established the Capital Improvement Fund to collect all proceeds received from the City's Real Estate Excise Tax (REET). State laws governing this tax has limited the usage of the proceeds to mostly capital projects. However, there have been changes to the governing Revised Code of Washington State (RCW) over the subsequent years.
Since the creation of the Street Overlay Fund, an overlay program was created and
Page 16 of 88 implemented to maintain and improve City's streets. The knowledge gained from that experience is now incorporated into the City's process of street construction and maintenance. The City recently completed a large transportation project along Oregon Avenue and will be embarking on a project along Lewis Street soon. These are projects where the City accomplishes the overlay of streets, albeit as a part of the larger project. The recently implemented residential overlay program is another program where these funds are being utilized.
Staff has identified the need to expand the scope of this fund to allow for matching funds to such transportation projects. In the past, staff has managed this limit in scope with additional work to justify overlay cost to both Oregon Avenue and Lewis Street. However, the process is burdensome and subjective, opening the City to unnecessary examination during audits by the granting agency or State Auditors Office. Staff recommends that Council expand the scope of this fund to allow for matching funds for transportation projects involving pavement improvements consistent with the original intent of these monies.
As a second and separate item, staff is recommending some minor changes to the Capital Improvement Fund that collects all real estate excise taxes levied by the City. A change in the name of the fund to "Real Estate Excise Tax Fund" will provide clarity to being a revenue only source, and also avoid confusion with another similarly named City fund. Furthermore, the recommended change would eliminate specific PMC language related to specific uses of these funds and replace that language with by referencing to the applicable RCW, as amended, to avoid conflict with State laws as they change. State law relating to the use of REET funds have changed several times since they were established in the PMC.
Staff presented the proposed updates to Council at their June 8, 2020 workshop meeting.
V. DISCUSSION:
Staff is recommending the adoption of an ordinance making updates to PMC Title 3, "Revenue and Finance," by revising sections within Chapters 3.20, "Real estate Excise Taxes," and 3.175, "Street Overlay Fund."
Page 17 of 88 Your Selections | Pasco Municipal Code Page 1 of 3
Chapter 3.20 REAL ESTATE EXCISE TAXES
Sections: 3.20.010 Establishment of real estate excise tax, use of proceeds. 3.20.020 Establishment of additional real estate excise tax, use of proceeds. 3.20.030 Collection of taxes. 3.20.040 Rules, regulations, laws and court decisions. 3.20.050 Fund created.
3.20.010 Establishment of real estate excise tax, use of proceeds.
There is established and imposed an excise tax on each sale of real property in the corporate limits of the City at a rate of one-quarter of one percent of the selling price. Revenues generated from the tax imposed under this section are to be used by the City solely for financing capital projects specified in a capital facilities plan element of the Comprehensive Plan. [Ord. 3971, 2010; Ord. 3947, 2009; Ord. 2594 § 1, 1986; Code 1970 § 3.06.010.]
3.20.020 Establishment of additional real estate excise tax, use of proceeds.
Effective March 1, 2010, in accordance with RCW 82.46.035, and in addition to the excise tax on each sale of real property in the corporate limits of the City as imposed by PMC 3.20.010, there is hereby imposed an additional excise tax on each sale of real property located within the corporate limits of the City of Pasco at the rate of one- quarter of one percent of the selling price. Proceeds from the additional tax shall be expended as authorized by law under RCW 82.46.035(5) solely for public works projects of the City for planning, acquisition, construction, reconstruction, repair, replacement, rehabilitation, or improvement of streets, roads, highways, sidewalks, streets and road light systems, traffic signals, bridges, domestic water systems, storm and sanitary sewer systems, and planning, construction, reconstruction, repair, rehabilitation or improvement of parks. [Ord. 3947, 2009; Code 1970 § 3.06.015.]
3.20.030 Collection of taxes.
Taxes imposed under this chapter shall be collected from persons who are taxable by the state under Chapter 82.45 RCW upon the occurrence of any taxable event within the corporate limits of the City. [Ord. 3947, 2009; Ord. 2594 § 1, 1986; Code 1970 § 3.06.020.]
The Pasco Municipal Code is current through Ordinance 4486, passed March 16, 2020. Page 18 of 88 Your Selections | Pasco Municipal Code Page 2 of 3
3.20.040 Rules, regulations, laws and court decisions.
The tax imposed under this chapter shall comply with all applicable rules, regulations, laws and court decisions regarding real estate excise taxes as imposed by the State of Washington under Chapter 82.45 RCW. [Ord. 2594 § 1, 1986; Code 1970 § 3.06.030.]
3.20.050 Fund created.
There is created a special accounting fund to be known as the “capital improvements fund” into which fund there shall be placed all proceeds received from the County Treasurer from the City of Pasco real estate excise taxes. Separate accounting for the taxes imposed by PMC 3.20.010 and 3.20.020 shall be maintained within the capital improvements fund. [Ord. 3947, 2009; Ord. 3557 § 16, 2002; Code 1970 § 3.06.050.]
Chapter 3.175 STREET OVERLAY FUND
Sections: 3.175.010 Fund created – Use.
3.175.010 Fund created – Use.
A fund, to be known as the street overlay fund, is hereby created for the purpose of accounting for funds received, disbursed or expended in conjunction with the City street overlay program. The purpose of this fund is to preserve the City’s investment in streets by regularly resurfacing existing City streets to extend their useful lives and thereby avoid more costly street rehabilitation programs. Revenues for this fund are generated through a Council- approved allocation of external business utility taxes and interfund utility taxes. Expenditures are for costs of street resurfacing activities. The flow of funds assumption is that restricted revenues are spent on a specific identification basis. [Ord. 4073, 2012; Code 1970 § 3.134.010.]
The Pasco Municipal Code is current through Ordinance 4486, passed March 16, 2020. Page 19 of 88 Your Selections | Pasco Municipal Code Page 3 of 3
The Pasco Municipal Code is current through Ordinance 4486, passed March 16, 2020.
Disclaimer: The City Clerk’s office has the official version of the Pasco Municipal Code. Users should contact the City Clerk’s office for ordinances passed subsequent to the ordinance cited above.
Note: This site does not support Internet Explorer. To view this site, Code Publishing Company recommends using one of the following browsers: Google Chrome, Firefox, or Safari.
City Website: www.pasco-wa.gov City Telephone: (509) 544-3080 Code Publishing Company
The Pasco Municipal Code is current through Ordinance 4486, passed March 16, 2020. Page 20 of 88 ORDINANCE NO. ______
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, UPDATING TITLE 3 “REVENUE AND FINANCE” OF THE PASCO MUNICIPAL CODE, BY REVISING SECTIONS WITHIN CHAPTERS 3.20 “REAL ESTATE EXCISE TAXES,” AND 3.175 “STREET OVERLAY FUND.”
WHEREAS, the City utilizes revenues received from utility taxes to resurface existing city streets and Real Estate Excise Taxes to fund large capital projects,
WHEREAS, the growth of the City requires embarkment of new activities and change in engagement of other activities,
WHEREAS, State laws, City’s activities, and definitions have evolved over last several years; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Amending sections under PMC Chapter 3.20 REAL ESTATE EXCISE TAXES as follows:
3.20.010 ESTABLISHMENT OF REAL ESTATE EXCISE TAX, USE OF PROCEEDS. There is established and imposed an excise tax on each sale of real property in the corporate limits of the City at a rate of one-quarter of one percent of the selling price. Revenues generated from the tax imposed under this section are to be used by the City solely for financing capital projects specified in a capital facilities plan element of the Comprehensive Plan as authorized by law under RCW 82.46, or any amendments thereto.
3.20.020 ESTABLISHMENT OF ADDITIONAL REAL ESTATE EXCISE TAX, USE OF PROCEEDS. Effective March 1, 2010, in accordance with RCW 82.46.035, and in addition to the excise tax on each sale of real property in the corporate limits of the City as imposed by PMC 3.20.010, there is hereby imposed an additional excise tax on each sale of real property located within the corporate limits of the City of Pasco at the rate of one-quarter of one percent of the selling price. Proceeds from the additional tax shall be expended as authorized by law under RCW 82.46, or any amendments thereto. 035(5) solely for public works projects of the City for planning, acquisition, construction, reconstruction, repair, replacement, rehabilitation, or improvement of streets, roads, highways, sidewalks, streets and road light systems, traffic signals, bridges, domestic water systems, storm and sanitary sewer systems, and planning, construction, reconstruction, repair, rehabilitation or improvement of parks.
Ordinance – PMC Title 3 Amendments 1
Page 21 of 88 3.20.050 FUND CREATED. There is created a special accounting fund to be known as the “capital improvements Real Estate Excise Tax fund” into which fund there shall be placed all proceeds received from the County Treasurer from the City of Pasco real estate excise taxes. Separate accounting for the taxes imposed by PMC 3.20.010 and 3.20.020 shall be maintained within the capital improvements Real Estate Excise Tax fund.
Section 2. Amending PMC Chapter 3.175 and sections under PMC Chapter 3.175 STREET OVERLAY FUND as follows:
3.175 STREET OVERLAY FUND.
3.175.010 FUND CREATED – USE. A fund, to be known as the street overlay fund, is hereby created for the purpose of accounting for funds received, disbursed or expended in conjunction with the City street overlay program to support City’s transportation system. The purpose of this fund is to preserve the City’s investment in streets by regularly resurfacing existing City streets to extend their useful lives and thereby avoid more costly street rehabilitation programs, and providing matching funds for street projects. Revenues for this fund are generated through a Council-approved allocation of external business utility taxes and interfund utility taxes. Expenditures are for costs of street resurfacing activities. The flow of funds assumption is that restricted revenues are spent on a specific identification basis.
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, Washington, this day of , .
Saul Martinez Mayor
ATTEST: APPROVED AS TO FORM:
______Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney
Published: ______
Ordinance – PMC Title 3 Amendments 2
Page 22 of 88 AGENDA REPORT
FOR: City Council June 8, 2020
TO: Dave Zabell, City Manager Remote Regular Meeting: 6/15/20 FROM: Zach Ratkai, Director Administrative & Community Services
SUBJECT: PSA Amendment - Moore/Sandifur Property
I. REFERENCE(S):
Proposed Resolution Amendment No. 8, Purchase and Sale Agreement
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve Resolution No. _____ , authorizing Amendment No. 8 to the Purchase and Sale Agreement between the City of Pasco and Moore Holdings Company, LLC, and further, authorize the City Manager to execute said amendment.
III. FISCAL IMPACT:
This Resolution has no fiscal impact beyond what is described in the original PSA and in subsequent Amendments.
IV. HISTORY AND FACTS BRIEF:
In 2018 the City reached and agreement on a purchase and sales agreement with Moore Holding Company, LLC, to purchase City-owned property at Sandifur Parkway and Midland Lane for purposes of relocated two automotive dealerships. Closing on the first lot of the purchase agreement occurred on February 10, 2020 with a future option to purchase the second lot to occur by July 15, 2020. Recently, due to the economic impact on the automotive sales industry and Moore Holdings associated with the pandemic, the owners have requested an extension of their PSA and associated reversionary clause.
After the agreement as amended by Addendum No.1 to the original PSA, the buyer has six (6) months from date of closing to submit building plans to the City for review and 12 months from closing to begin construction of planned improvements.
Page 23 of 88 In addition to the construction parameters above, the site is bound by a binding site plan, which divides the property into two lots. In accordance with Amendment No. 6, the buyer has until July 15, 2020 to exercise an option to purchase Lot No. 2.
The requested extensions are as follows:
Note: Other executed amendments to the PSA have been executed for various reasons including; extension of the due diligence period, closing dates, and for the Buyer to provide additional earnest monies to the City in order to allow for additional time for Buyer to sell current holdings.
V. DISCUSSION:
The impetus behind the requested amendment is to allow the buyer time to assess the vehicle sales market in order to determine when development and relocation of at minimum one of their dealerships can occur. This is a time of uncertainty in all nearly sectors of the economy, staff views the request for an extension as prudent, and is of the opinion that the extension does not adversely impact the City.
Staff recommends City Council approve the Resolution authorizing the City Manager to execute Amendment No. 8 to the Purchase and Sale agreement with Moore Holdings Company, LLC.
Page 24 of 88 RESOLUTION NO. ______
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON AUTHORIZING AN AMENDMENT TO THE PURCHASE AND SALE AGREEMENT BY AND BETWEEN THE CITY OF PASCO AND MOORE HOLDINGS COMPANY, LLC
WHEREAS, on August 6, 2018, the Pasco City Council approved and authorized execution of a Purchase and Sale Agreement (hereinafter “Original Agreement”) by and between the City of Pasco (hereinafter “City”) and Moore Holding Company, LLC (hereinafter “Developer”); and
WHEREAS, Amendment No. 1 to the Original Agreement outlined within Section 1(b), terms and deadlines for submittal of building plans to the City and commencement of construction; and
WHEREAS, Amendment No. 6 to the Original Agreement outlined within Section 4, terms and deadlines for an option to purchase Lot#2; and
WHEREAS, the Developer has requested of the City a six (6) month extension of all deadlines as described in the aforementioned section; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON:
That the City Manager is authorized to sign and execute this and subsequent Amendments to the Purchase and Sale Agreement by and between the City and the Developer, and
BE IT FURTHER RESOLVED, that this Resolution shall take effect immediately.
PASSED by the City Council of the City of Pasco this 15th day of June, 2020.
______Saul Martinez Mayor
ATTEST: APPROVED AS TO FORM:
______Debra Barham Kerr Ferguson Law, PLLC City Clerk City Attorney
Page 25 of 88 AMENDMENT NO. 8
PURCHASE AND SALE AGREEMENT
THIS AMENDMENT dated this 15th day of June, 2020, by and between the City of Pasco, a Washington Municipal Corporation, hereinafter referred to as the “City”, and Moore Holding Company, LLC, a Washington Limited Liability Company, hereinafter referred to as “Purchaser.”
WHEREAS, the parties have entered into the Purchase and Sale Agreement, wherein Purchaser bought land from the City to develop an automotive sales outlet, and the Agreement included options to purchase additional sub-parcels of land for that purpose; and
WHEREAS, the parties desire to modify the terms of the Amended Addendum No.1 of the Purchase and Sale Agreement originally executed between the parties on August 6, 2018;
WHEREAS, additionally, the parties desire to modify the terms of Amendment No. 6 to the Real Estate Purchase and Sale Agreement executed between the parties on September 23, 2019;
NOW, THEREFORE, IN CONSIDERATION of the mutual covenants contained herein, it is agreed as follows:
Section 1. To amend the Amended Addendum No.1 to Real Estate Purchase and Sale Agreement dated August 6, 2018:
Section 1(b), shall be and hereby is amended through incorporation of a new subsection and shall read as follows:
1(b) If the buyer fails to submit an application to the Seller for approval of building plans consistent with subsection (a) above, with six (6) months one (1) year of Closing, the Seller reserves the right to reclaim title to this Property. If the Buyer does not initiate construction within twelve (12) months eighteen (18) months of closing, the Seller reserves the right to reclaim title to this Property. The Seller shall reclaim this Property by refunding 90% of the original Purchase Price in the sum of One Million, Three Hundred Eighteen Thousand, Five Hundred Dollar ($1,318,500) without interest. The Seller will not assume any liability for expenses incurred by the Buyer in conducting this transaction. The Buyer agrees to re-convey title to the Seller within sixty (60) days receipt of notification of Seller’s decision to seek re-conveyance of Property. The reversionary right is exclusive to the Seller and shall be exercised sat the sole discretion of the Seller.
Section 2. To amend the Amendment No. 6 to Real Estate Purchase and Sale Agreement dates September 23, 2019:
Section 4, shall be and hereby is amended and shall read as follows:
Amendment No. 8 Moore Holding Company LLC - Purchase and Sale Agreement - 1 Page 26 of 88 4. The purchase price for Lot#2 (Sale #2) shale be $465,000.00 if the sale closes on or before January 15, 2020. If the sale of Lot #2 (Sale #2) closes after January 15, 2020, but on or before July 15, 2020 January 15, 2021, the purchase price shall be $486,780. Sale of lot #2 (Sale #2) shall close no later than July 15, 2020 January 15, 2021.
Section 3. The remaining terms and conditions of the Agreement, subsequent Addenda, and Amendments thereto, shall remain unaltered.
IN WITNESS WHEREOF, the parties have hereunto set their hands as of the date first above written.
CITY OF PASCO MOORE HOLDINGS COMPANY, LLC
By. ______By: ______Dave Zabell, City Manager John Paul Moore
By: ______Kathryn Moore
APPROVED AS TO FORM: APPROVED AS TO FORM:
By. ______By: ______Kerr Ferguson Law, PLLC City Attorney
STATE OF WASHINGTON ) :ss County of Franklin )
On this day personally appeared before me Dave Zabell, City Manager for the City of Pasco, Washington, described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this _____ day of ______, 2020.
______Notary Public in and for the State of Washington Residing at ______My Commission Expires ______
Amendment No. 8 Moore Holding Company LLC - Purchase and Sale Agreement - 2 Page 27 of 88 STATE OF WASHINGTON ) :ss County of Franklin )
On this day personally appeared before John Paul Moore and Kathryn Moore, Moore Holding Company, LLC, described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this _____ day of ______, 2020.
______Notary Public in and for the State of Washington Residing at ______My Commission Expires ______
Amendment No. 8 Moore Holding Company LLC - Purchase and Sale Agreement - 3 Page 28 of 88 AGENDA REPORT
FOR: City Council June 11, 2020
TO: Dave Zabell, City Manager Remote Regular Meeting: 6/15/20 FROM: Dave Zabell, City Manager Executive
SUBJECT: Proclamation for "Juneteenth Day"
I. REFERENCE(S):
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Council to present Proclamation to Tri-Cities Juneteenth Community Council members Edmon Daniels and Charvella McGary.
III. FISCAL IMPACT:
N/A
IV. HISTORY AND FACTS BRIEF:
Pasco's African American community annually organizes the Juneteenth holiday events including; a parade, ceremonies, athletic events, social gatherings, reunions, a picnic and other signature and traditional events. It is a festive time for the community marking one the most significant events in the history of the United States.
Below is an excerpt from the Juneteenth.com website which provides a part of the history surrounding the nation changing event.
HISTORY OF JUNETEENTH © JUNETEENTH.COM
Juneteenth is the oldest nationally celebrated commemoration of the ending of slavery in the United States. Dating back to 1865, it was on June 19th that the Union soldiers, led by Major General Gordon Granger, landed at Galveston, Texas with news that the war had ended and that the enslaved were now free. Note that this was two and a half years after President Lincoln’s Emancipation Proclamation - which had become official January 1, 1863. The Emancipation Proclamation had little impact on the Texans due to the minimal number of Union troops to enforce the new Executive Order. However, with the surrender of General Lee in April of 1865, and the arrival of General
Page 29 of 88 Granger’s regiment, the forces were finally strong enough to influence and overcome the resistance.
General Order Number 3
One of General Granger’s first orders of business was to read to the people of Texas, General Order Number 3, which began most significantly with,
"The people of Texas are informed that in accordance with a Proclamation from the Executive of the United States, all slaves are free. This involves an absolute equality of rights and rights of property between former masters and slaves, and the connection heretofore existing between them becomes that between employer and hired laborer."
V. DISCUSSION:
Like many other community events, COVID-19 has put a damper on the social elements of the 2020 Juneteenth celebration, however all of Pasco is encouraged to observe this day in their own way, reflecting on its significance then and now, until we can once again safely do so together.
Mr. Edmond Daniels and Ms. Charvela McGary will be accepting the Juneteenth Proclamation virtually.
Page 30 of 88 Proclamation “Juneteenth Day” June 19, 2020
WHEREAS, President Abraham Lincoln signed the Emancipation Proclamation, declaring that all enslaved persons in the confederate states in rebellion free as of January 1, 1863, paving the way for the passing of the 13th Amendment to the Constitution of the United States of America which formally ended slavery in the nation; and
WHEREAS, news of the Emancipation Proclamation was delayed some two and one half years, to June 19, 1865, in Galveston, Texas, when U.S. General Gordon Granger read “General Order No. 3” announcing the total abolishment of slavery; and
WHEREAS, thus June 19th has a special meaning to African-Americans, and is called “JUNETEENTH" combining the words June and Nineteenth, and has been celebrated by the African- American community for over 150 years; and
WHEREAS, the African-American community in Pasco has made significant contributions to the history and quality of life of Pasco and Franklin County; and
WHEREAS, annual Juneteenth celebrations in the City of Pasco have been occurring over the last several decades, however, this year’s public celebrations have been unfortunately cancelled due to the COVID-19 pandemic.
NOW, THEREFORE, I, Saul Martinez, Mayor of the City of Pasco, Washington, do hereby declare June 19, 2020, as Juneteenth Day in the City of Pasco, Washington, and urge all residents to become more aware of the significance of this celebration in African-American History and in the heritage of our nation and City.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Pasco, Washington, to be affixed this 15th day of June 2020.
Saul Martinez, Mayor City of Pasco
Page 31 of 88 AGENDA REPORT
FOR: City Council June 10, 2020
TO: Dave Zabell, City Manager Remote Regular Meeting: Rick White, Director 6/15/20 Community and Economic Development
FROM: Dan Ford, City Engineer Community & Economic Development
SUBJECT: 2021-2026 Six-Year Transportation Improvement Plan
I. REFERENCE(S):
Resolution 2021-2026 Six-Year Transportation Improvement Program Project Map PowerPoint Presentation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
CONDUCT A PUBLIC HEARING
MOTION: I move to approve Resolution No. ____, adopting the 2021-2026 Six-Year Transportation Improvement Program for the City of Pasco for the purpose of guiding the regional and local of transportation and design, development, construction improvements.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
As part of the City’s effort to provide for the proper and necessary development of a functional transportation network, the City shall, as required by State law (RCW 35.77.010), develop and adopt annually a Six-Year Transportation Improvement Program (Six-Year TIP) with such program acting as a guide for the coordinated development of the City's transportation system. The Six-Year TIP of the City specifically sets oth Cityforth and regional those projects and programs of b significance that benefit the transportation system and promote public safety and
Page 32 of 88 efficient multi-modal movement.
The Six-Year TIP is consistent with the City Comprehensive Plan and can be adopted following one or more public hearings before the City Council.
Projects identified in the Six-Year TIP qualify for Federal and/or State funding. The proposed plan includes all types of multi-modal transportation projects. These projects are depicted in the attached document(s). The proposed Six-Year TIP represents those projects that are anticipated to be needed within the next six years. Projects will be coordinated with available project funding along with associated utility projects and timing may be adjusted accordingly.
Update of the Six-Year TIP and subsequent submission to the State are statutory requirements, and while our local program is not required to be fiscally constrained, the program should be realistic. The Council will see many of these projects again, incorporated with the annual Six-Year Capital Improvement Plan and the annual budgeting process in the coming months.
This year's TIP update includes 36 projects, 3 projects from the previous plan are complete and have been removed, with 9 new projects being added from last year’s TIP.
V. DISCUSSION:
The TIP update was discussed at the June 8, 2020 Workshop meeting, where Council clarified its goals to ensure that private development continues to mitigate its impacts to the transportation system. That multi-modal transportation continues to be a focus for both public and private projects with a greater emphasis on connectivity, from an access and walkability consideration as well as from a safety response perspective.
This plan is being presented to the public this evening in the form of a public hearing.
Projects costs and time-frames identified in this Six-Year TIP are to be considered estimates only and may change due to a variety of circumstances. The projects included in the TIP are not intended by the City to be relied upon by property owners or developers in making development decisions as the plan is not finally constrained.
Once adopted, the updated Six-Year TIP will be submitted to the Washington State Secretary of Transportation by the deadline of July 1, 2020 as required by the RCW.
Page 33 of 88 RESOLUTION NO. ______
A RESOLUTION OF THE CITY OF PASCO, ADOPTING THE REVISED AND EXTENDED COMPREHENSIVE STREET, STORM DRAIN AND BRIDGE PROGRAMS FOR THE CITY OF PASCO FOR THE YEARS 2021-2026.
WHEREAS, RCW 35.77.010 provides for annual revision and extension of the Comprehensive Street Program of each city and town, after public hearing thereon; and
WHEREAS, it is now time to revise and extend the Comprehensive Street, Storm Drain and Bridge Programs.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON:
That the City of Pasco hereby adopts the revision and extension of the Comprehensive Street, Storm Drain and Bridge Programs for the ensuing six years as attached hereto as Exhibit A and labeled “Six-Year Transportation Improvement Program 2021-2026” incorporated by this reference as though fully set forth herein; and
Be It Further Resolved, that the Comprehensive Street, Storm Drain and Bridge Programs shall be filed with the Benton-Franklin Council of Governments and the Washington State Department of Transportation.
PASSED by the City Council of the City of Pasco, Washington this 15th day of June 2020.
Saul Martinez Mayor
ATTEST: APPROVED AS TO FORM:
Debra Barham Kerr Ferguson Law, PLLC City Clerk City Attorneys
Resolution – 2021-2026 TIP - 1
Page 34 of 88 EXHIBIT A 2021 Six Year Transportation Improvement Program
Proj. # Project Name # on Map Road Name Begin & End Termini PE ROW Construction Total Project Cost Ongoing Project Funding Secured? 2021 2022 2023 2024 2025 2026
n/a Annual Pavement Preservation Program N/A various various $ 252,000 $ - $ 6,261,093 $ 6,513,093 YES YES $ 875,500 $ 901,765 $ 928,818 $ 956,682 $ 985,383 $ 1,014,944
13007 Lewis Street Overpass 2 Lewis Street Oregon Avenue to 2nd Avenue $ 4,034,522 $ 4,079,311 $ 28,150,000 $ 36,263,833 YES YES $ 19,598,860 $ 4,683,000
20007 Lewis Street Corridor Improvements 3 Lewis Street 5th Avenue to 2nd Avenue $ 224,250 $ - $ 1,699,334 $ 1,923,584 YES PARTIAL $ 1,198,000 $ 569,000
16014 Traffic Signal Improvements - Citywide Phase 2 4 Multiple Locations Multiple Locations $ 300,000 $ 3,649,151 $ 3,949,151 YES YES $ 3,123,000
n/a S 10th Avenue & W Lewis Street Advanced Intersection Warning 5 Lewis Street 10th Avenue $ 10,000 $ - $ 33,400 $ 43,400 NEW NO $ 15,000 $ 28,400
20009 Road 68 Widening - South of Interstate 182 - Phase 1 6 Road 68 Interstate 182 to Argent Road $ 57,628 $ 250,000 $ 307,628 YES YES $ 250,000
12001 Argent Road Improvements - Phase 1 7 Argent Road Varney/Saraceno to 20th Avenue $ 415,000 $ - $ 1,901,059 $ 2,316,059 YES YES $ 100,000
20010 Argent Road Improvements - PHASE 3 Saraceno to Road 36 8 Argent Road Road 36 Intersection $ 495,000 $ - $ 4,000,000 $ 4,495,000 NO YES $ 420,000 $ 4,000,000
n/a Argent Road & Road 36 PHASE 2 Intersection Improvements 9 Argent Road Road 36 to Varney/Saraceno $ 128,000 $ - $ 742,000 $ 870,000 NO YES $ 185,500 $ 556,500
n/a Burns Road Pedestrian/Bicycle Pathway - Phase 1 10 Burns Road Rd 100 to Rd 90 $ 23,000 $ - $ 108,000 $ 131,000 YES PARTIAL $ 108,000
n/a Burns Road Pedestrian/Bicycle Pathway - Phase 2 11 Burns Road Rd 90 to Rd 84 $ 23,000 $ - $ 63,000 $ 86,000 YES PARTIAL $ - $ 63,000
n/a Burns Road Pedestrian/Bicycle Pathway - Phase 3 12 Burns Road Rd 84 to Rd 68 $ 23,000 $ - $ 91,000 $ 114,000 YES PARTIAL $ 91,000
n/a Pedestrian/Bicycle Access Road 100 Interchange - WSDOT Partnership 13 Road 100 St. Thomas Drive to Harris Rd $ 120,000 $ - $ 2,200,000 $ 2,320,000 NO NO $ 120,000 $ 2,200,000
n/a Pedestrian/Bicycle Access Road 68 Interchange - WSDOT Partnership 14 Road 68 Chapel Hill Blvd to Burden Blvd $ 100,000 $ - $ 1,000,000 $ 2,100,000 NEW NO $ 100,000 $ 1,000,000 $ 1,000,000
n/a Pedestrian/Bicycle Access Sylvester Street Overpass - WSDOT Partnership 15 Sylvester Street 32nd Avenue to 28th Avenue $ 300,000 $ - $ 1,500,000 $ 1,800,000 NEW NO $ 300,000 $ 1,500,000
n/a Road 100 Widening - South of Interstate 182 16 Road 100 Court Street to Chapel Hill $ 375,000 $ - $ 3,750,000 $ 4,125,000 NO NO $ 375,000 $ 1,500,000 $ 2,250,000
n/a Sacajawea Heritage Trail/Levee Lowering 17 Sacajawea Heritage Trail Road 72 to Road 52 $ 231,000 $ - $ 2,459,895 $ 2,690,895 YES PARTIAL $ 70,000 $ 2,510,000
17001 Sandifur Parkway Widening 18 Sandifur Parkway Road 60 to Road 52 $ 60,000 $ - $ 365,000 $ 425,000 NO NO $ 60,000 $ 365,000
n/a Court Street & Road 68 Intersection Improvements 19 Court Street Road 68 $ 106,000 $ 130,000 $ 755,000 $ 991,000 YES NO $ 85,502 $ 97,498 $ 755,000
n/a Road 44 and Argent Road Intersection Analysis 20 Road 44 and Argent Road Road 44 and Argent Road $ 65,000 $ - $ - $ 65,000 NO NO $ 65,000
n/a Traffic Analysis for Interstate 182 @ SR 395 Interchange 21 Interstate 182 MP 11 to MP 13 $ 265,000 $ - $ - $ 265,000 NO NO $ 265,000
n/a Traffic Analysis for State Route 12 @ Tank Farm Road Interchange 22 State Route 12 State Route 12 and Tank Farm Road $ 250,000 $ - $ - $ 250,000 NO NO $ 250,000
Road 100 to Road 76 n/a FCID Canal Bicycle/Pedestrian Pathway Study 23 None $ 90,000 $ - $ 780,000 $ 870,000 YES NO $ 90,000 $ 360,000 $ 420,000 FCID Canal Alignment
n/a Crescent Road Surface Improvement 24 Crescent Road Broadmoor Apts to Road 108 (1670 LF) $ 45,000 $ - $ 355,000 $ 400,000 NO NO $ 45,000 $ 355,000
n/a Sandifur Parkway Extension - Phase 1 25 Sandifur Parkway Road 100 west to Road to be named later $ 150,000 $ - $ 1,500,000 $ 1,650,000 NO NO $ 150,000 $ 1,500,000
n/a Sandifur Parkway Extension - Phase 2 26 Sandifur Parkway Road to be named later to Dent Road Extension $ 150,000 $ - $ 1,500,000 $ 1,650,000 NO NO $ 150,000 $ 1,500,000
16010 James Street Improvements 27 James Street Oregon Avenue to cul-de-sac $ 200,000 $ - $ 1,233,947 $ 1,433,947 NO NO $ 200,000 $ 1,233,947
n/a Road 76 Overpass 28 Road 76 Chapel Hill Blvd to Burden Blvd $ 1,500,000 $ 500,000 $ 28,000,000 $ 30,000,000 NO NO $ 300,000 $ 1,200,000
n/a Sylvester Street Safety Program Improvements 29 Sylvester Street Road 54 to 3rd Avenue $ 421,500 $ 100,000 $ 1,053,600 $ 1,575,100 NO NO $ 421,500 $ 100,000 $ 1,053,600
n/a Sacajawea Road Pedestrian/Bicycle Pathway 30 Sacajawea Road Sacajawea Park to SR12 Park & Ride $ 269,000 $ - $ 1,288,000 $ 1,557,000 NO YES / WSDOT $ 165,000 $ 1,392,000
n/a Court Street Traffic Revisions 31 Court Street Road 76 to Road 36 $ 20,000 $ - $ 220,000 $ 240,000 NO NO $ 20,000 $ 220,000
n/a Harris Road Realignment 32 Harris Road West Court Street to Sandifur Parkway $ 89,000 $ 65,000 $ 646,000 $ 800,000 NO NO $ 200,000 $ 445,000 $ 155,000
n/a North Road 40 East Pathway 33 North Road 40 East Sacajawea Park to A Street $ 53,000 $ 50,000 $ 530,000 $ 633,000 NO NO $ 103,000 $ 530,000
n/a North Road 100 Pedestrian/Bicycle Improvements 34 North Road 100 Insterstate 182 Interchange to Burns Road $ 30,000 $ - $ 320,000 $ 350,000 NO NO $ 30,000 $ 320,000 Page 35 of 88 n/a North Road 93 / Powerline Pathway 35 North Road 93 Vincenzo Drive to Burns Road $ 12,000 $ - $ 115,000 $ 127,000 NO NO $ 12,000 $ 115,000
n/a Argent Road Curb/Gutter and Sidewalk Improvements 36 Argent Road Road 72 to Road 68 $ 142,000 $ 50,000 $ 900,000 $ 1,092,000 NO NO $ 192,000 $ 192,000 $ 900,000
16017 Transportation System Master Plan N/A Citywide Various $ 300,000 $ 300,000 YES YES $ 171,000 CITY OF PASCO SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR 2021-2026
CITY LIMITS
FOSTER WELLS RD CITY LIMITS CITY LIMITS
ROAD 68
INDUSTRIAL WAY
SANDIFUR CAPITAL
SR-395 WRIGLEY
CITY LIMITS
BURDEN BLVD. ROAD 100
BNSF RR
I-182 W COMMERCIAL I-182 E HILLSBORO
ST. HELENS
ARGENT ARGENT ROAD 44 4TH AVE.
BNSF RR Projects
OREGON AVE. N/A Annual Pavement Preservation Program KAHLOTUS HIGHWAY COURT STREET SR-397 20TH AVE. 2 Lewis Street Overpass 3 Lewis Street Corridor Improvements SYLVESTER STREET
4 Traffic Signal Improvements - Citywide Phase 2 SR-12 5 S. 10th Avenue & W. Lewis Street Advanced Intersection Warning LEWIS ST A STREET 6 Road 68 Widening - South of Interstate 182 - Phase 1 CITY LIMITS 7 Argent Road Improvements - Phase 1 Projects 8 Argent Road Improvements - Phase 3, Saraceno to Road 36 23 FCID Canal Bicycle/Pedestian Pathway Study AINSWORTH 9 Argent Road Improvements - Phase 2, Argent & Road 36 Intersection 24 Crescent Road Surface Improvement SR-397 10 Burns Road Pedestrian/Bicycle Pathway - Phase 1 25 Sandifur Parkway Extension - Phase 1 11 Burns Road Pedestrian/Bicycle Pathway - Phase 2 26 Sandifur Parkway Extension - Phase 2 12 Burns Road Pedestrian/Bicycle Pathway - Phase 3 27 James Street Improvements 13 Pedestrian/Bicycle Access Road 100 Interchange - WSDOT Partnership 28 Road 76 Overpass 14 Pedestrian/Bicycle Access Road 68 Interchange - WSDOT Partnership 29 Sylvester Street Safety Program Improvements 15 Pedestrian/Bicycle Access Sylvester Street Overpass - WSDOT Partnership 30 Sacajawea Road Pedestrian/Bicycle Pathway 16 Road 100 Widening - South of Interstate 182 31 Court Street Traffic Revision 17 Sacajawea Heritage Trail/Levee Lowering 32 Harris Road Realignment 18 Sandifur Parkway Widening 33 North Road 40 East Pathway 19 Court Street & Road 68 Intersection Improvements 34 North Road 100 Pedestrian/Bicycle Improvements 20 Road 44 and Argent Intersection Analysis 35 North Road 93/Powerline Pathway
Page 36 of 88 21 Traffic Analysis for Interstate 182 @ SR 395 Interchange 36 Argent Road Curb/Gutter and Sidewalk Improvements 22 Traffic Analysis for State Route 12 @ Tank Farm Road Interchange N/A Transportation System Master Plan June 8, 2020 Page 37 of 88 Page 38 of 88 Completed Projects
• Chapel Hill Boulevard – Road 84 to Road 68 • Road 68 and Burden Road – Signage and Striping • Wrigley Drive Extension – Clemente Lane to Road 68 Place Page 39 of 88 New Projects
• South 10th Avenue & West Lewis Street Advanced Intersection Warning • Sylvester Street Safety Program Improvements • Sacajawea Road Pedestrian/Bicycle Pathway • Court Street Traffic Revisions • Harris Road Realignment • North Road 40 East Pathway • North Road 100 Pedestrian/Bicycle Improvements • North Road 93 / Powerline Pathway Page 40 of 88 • Argent Road Curb/Gutter and Sidewalk Improvements #32 Harris Road Realignment #34 North Road 100 Pedestrian/Bicycle Improvements #35 North Road 93 / Powerline Pathway #36 Argent Road Curb/Gutter and Sidewalk Improvements Page 41 of 88 #34 North Road 100 #35 North Road 93 / Powerline Pathway Pedestrian/Bicycle Improvements Page 42 of 88
#36 Argent Road Curb/Gutter and Sidewalk Improvements #5 South 10th Avenue & West Lewis Street Advanced Intersection Warning #29 Sylvester Street Safety Program Improvements
Page 43 of 88 #31 Court Street Traffic Revisions #5 South 10th Avenue & West Lewis Street #29 Sylvester Street Safety Program Improvements Advanced Intersection Warning Page 44 of 88
#31 Court Street Traffic Revisions #30 Sacajawea Road Pedestrian/Bicycle Pathway #33 North Road 40 East Pathway Page 45 of 88 #30 Sacajawea Road Pedestrian/Bicycle Pathway
#33 North Road 40 East Pathway Page 46 of 88 Questions? Page 47 of 88 AGENDA REPORT
FOR: City Council June 10, 2020
TO: Dave Zabell, City Manager Remote Regular Meeting: Rick White, Director, 6/15/20 Community & Economic Development
FROM: Jeff Adams, Associate Planner Community & Economic Development
SUBJECT: Q* Harris Road/Bush Rezone (MF #Z 2020-001)
I. REFERENCE(S):
Proposed Ordinance Report to Hearing Examiner Dated: 05/13/2020 Hearing Examiner Recommendation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to adopt Ordinance No. _____, rezoning a parcel located at 11920 Harris Rd from RS-20 to RS-12, and further, authorize publication by summary only.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
On May 13, 2020, the Hearing Examiner held a public hearing to consider a request to rezone a parcel comprising approximately 1.76 acres located at 11920 Harris Rd (Parcel #126 170 036) from RS-20 (Suburban) to RS-12 (Suburban).
The site was annexed into the City (Ordinance No. 3570), and assigned RS-20 zoning (Ordinance No. 3571) in 2002.
Following the conduct of the public hearing, the Hearing Examiner recommended approval of the applicant's request for a rezone from RS-20 (Suburban) to RS-12 (Suburban).
Page 48 of 88
V. DISCUSSION:
Rezoning the property to RS-12 (Suburban) would allow Applicant to subdivide the parcel into four single-family lots, rather than three currently allowed under the RS-20 zoning designation.
There was no written appeal of the Hearing Examiner's recommendation.
Page 49 of 88 FILED FOR RECORD AT REQUEST OF: City of Pasco, Washington
WHEN RECORDED RETURN TO: City of Pasco, Washington Attn: City Clerk 525 North 3rd Avenue Pasco, WA 99301 ______
ORDINANCE NO. ______
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON REZONING LOT 2, SHORT PLAT 2003-19 A PARCEL LOCATED AT 11920 HARRIS RD (APN # 126 170 036), FROM RS-20 (SUBURBAN) TO RS-12 (SUBURBAN)
WHEREAS, the petitioner seeks to rezone a parcel located at 11920 Harris Road; and
WHEREAS, a complete and adequate petition for change of zoning classification has been received by the City and an open record hearing having been conducted by the Pasco Hearing Examiner upon such petition on the 13th day of May, 2020; and
WHEREAS, based upon substantial evidence and demonstration of the Petitioner, that: (A) the proposal is in accord with the goals and policies of the adopted Comprehensive Plan; (B) the effect of the proposal on the immediate vicinity is not materially detrimental and (C) there is merit and value in the proposal for the community as a whole; the Hearing Examiner developed findings which are hereby adopted by the City Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. The Zoning Ordinance for the City of Pasco, Washington, and the Zoning Map, accompanying and being part of said Ordinance shall be and hereby is changed from RS-20 (Suburban) to RS-12 (Suburban) for the real property as shown in Exhibit 1 attached hereto and described as follows:
Lot 2, SHORT PLAT 2003-19 (Parcel # 126 170 036).
Ordinance MF #Z2020.001 - 1
Page 50 of 88 Section 2. This Ordinance shall take full force and effect five (5) days after its approval, passage and publication as required by law.
PASSED by the City Council of the City of Pasco, this 15th day of June 2020.
Saul Martinez Mayor
ATTEST: APPROVED AS TO FORM:
______Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney
Published ______
Ordinance MF #Z2020.001 - 2
Page 51 of 88 Page 52 of 88 PUBLIC HEARING City Hall – 525 North Third Avenue – Remote DATE: WEDNESDAY, May 13, 2020 6:00 PM
MASTER FILE #: Z 2020‐001
APPLICANT: Tim Bush c/o Paul Knutzen 11920 Harris Rd Pasco WA 99301
REQUEST: REZONE: Rezone a parcel on 1405 ROAD 38 from RS‐20 (Suburban) to RS‐12 (Suburban).
BACKGROUND 1. PROPERTY DESCRIPTION: Legal: Lot 2, SHORT PLAT 2003‐19 (Parcel # 126 170 036). General Location: 11920 Harris Road, Pasco WA 99301. Property Size: Approximately 1.76 Acres (76,649.18 Square feet). 2. ACCESS: The parcel has access from Harris Road. 3. UTILITIES: Water and sewer service are both available from Harris Road. 4. LAND USE AND ZONING: The lot is zoned RS‐20 (Suburban) and is developed with a single‐family dwelling unit. Surrounding properties are zoned and developed as follows: NORTH: RT Industrial/Gravel Mining EAST: RS‐20 SFDUs SOUTH: RS‐20 Columbia River WEST: RS‐20 Industrial sheds 5. Comprehensive Plan: The Comprehensive Plan Land Use designation for the property is Low‐ Density Residential. Under the current Comprehensive Plan Land Use designations of Low‐Density Residential the property may be zoned R‐S‐20, R‐S‐12, R‐S‐1, R‐1, or R‐1‐A. The Low‐Density Residential designation includes “Residential development at a density of 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. 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
1
Page 53 of 88 other information, a threshold determination resulting in a Determination of Non‐Significance (DNS) was issued for this project on March 10, 2020 under WAC 197‐11‐158.
ANALYSIS Request Applicant is seeking to rezone the parcel located at 11920 Harris Road from RS‐20 (Suburban) to RS‐12 (Suburban) in order to subdivide the lot into four single‐family lots. Property Details The lot is approximately 1.76 Acres (76,649.18 Square feet), and contains one single‐family dwelling unit built in 1995. Surrounding properties to the east, south and west are zoned RS‐20 (Suburban) with SFDUs developed to the east; the property to the north is zoned RT (Residential Transition) and has been a gravel mining/concrete batch plant operation since 1982 (Conditional Use Permit 82‐44‐CUP). The site was annexed into the City (Ordinance 3570), and assigned RS‐20 zoning (ordinance 3571) in 2002. The Comprehensive Plan designates the property “Low‐Density Residential.” Under the current Comprehensive Plan Land Use designations of Low‐Density Residential the property may be zoned R‐S‐ 20, R‐S‐12, R‐S‐1, R‐1, or R‐1‐A. The Low‐Density Residential designation includes “Residential development at a density of 2 to 5 dwelling units per acre.” Discussion Rezoning the property to RS‐12 (Suburban) would allow Applicant to subdivide the parcel into four single‐ family lots, rather than three currently allowed under the RS‐20 zoning designation.
Rezone Criteria The initial review criteria for considering a rezone application are explained in PMC. 25.88.030. The criteria are listed below as follows: 1. The date the existing zone became effective: The site was annexed into the City in 2002 (Ordinance 3570), and zoning was assigned as part of that annexation (ordinance 3571); the current zoning classification has been in place since its annexation. 2. The changed conditions, which are alleged to warrant other or additional zoning: The City is revising its Urban Growth Area (UGA) as part of the Comprehensive Plan Update. The UGA update will likely be smaller than current projections for low‐density residential growth as developed in the past would allow; as such, residential lots would be needed within the current UGA. 3. Facts to justify the change on the basis of advancing the public health, safety and general welfare: The Comprehensive Plan designates the property “Low‐Density Residential.” Under the current Comprehensive Plan Land Use designations of Low‐Density Residential the property may be zoned R‐S‐20, R‐S‐12, R‐S‐1, R‐1, or R‐1‐A. The Low‐Density Residential designation includes “Residential development at a density of 2 to 5 dwelling units per acre.”
2 Page 54 of 88 The proposed zoning request is fairly consistent with the Comprehensive Plan which has been determined to be in the best interest of advancing public health, safety and general welfare of the community. The rezone will lead to the creation of a slightly higher density residential neighborhood providing more affordable housing opportunities for Pasco residents. The rezone will provide additional flexibility for site development while maintaining the low‐density nature of the site envisioned in the Comprehensive Plan. The general welfare will be supported by additional in‐ fill development that will contribute to the cost of providing municipal services. 4. The effect it will have on the value and character of the adjacent property and the Comprehensive Plan: The general character of the neighborhood is industrial to the north and west, and residential to the east; the Columbia River flows along the south property line. The site has been developed with a single‐family dwelling unit since 1995. The rezone would increase the allowable residential density in the area, allowing for a replat and the addition of one additional lot on the subject property. The proposed zoning is in alignment with the Comprehensive Plan Land Use designation for the area. The possible construction of three new homes will significantly affect, or possibly eliminate some existing views of the river, likely diminishing the value of some neighboring properties (However dividing the lot into a currently‐allowable three‐lot subdivision would allow for two new homes, which, depending on the size and location of said homes could have the same view‐blocking effect). 5. The effect on the property owner or owners if the request is not granted: If the property is not rezoned to RS‐12 the Applicant will be limited to a maximum three‐lot subdivision rather than being able to subdivide to four lots.
STAFF FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The hearing Examiner may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1. Public notice of this hearing was sent to property owners within 300 feet of the property on March 10, 2020, and posted in the Tri‐City Herald on November 15, 2019; notice was mailed out and re‐posted on May 4th and 11th, respectively. 2. Applicant is seeking to rezone the parcel located at 11920 Harris Road from RS‐20 (Suburban) to RS‐12 (Suburban) 3. Applicant wishes to subdivide the parcel into four single‐family lots. 4. The lot is approximately 1.76 Acres (76,649.18 Square feet), 5. The lot contains one single‐family dwelling unit (SFDU). 6. The SFDU on site was built in 1995. 7. Surrounding properties to the east, south and west are zoned RS‐20 (Suburban) with SFDUs developed to the east; 8. The property to the north is zoned RT (Residential Transition). 9. The property to the north has been a gravel mining/concrete batch plant operation since 1982. 10. The site was annexed into the City in 2002. 11. The site was assigned RS‐20 zoning in 2002. 12. The Comprehensive Plan designates the property “Low‐Density Residential.”
3 Page 55 of 88 13. Under the Low‐Density Residential land use designation the property may be zoned R‐S‐20, R‐S‐ 12, R‐S‐1, R‐1, or R‐1‐A. 14. The Low‐Density Residential designation includes “Residential development at a density of 2 to 5 dwelling units per acre.” 15. Rezoning the property to RS‐12 (Suburban) would allow Applicant to subdivide the parcel into four single‐family lots, rather than three currently allowed under the RS‐20 zoning designation.
TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT Before recommending approval or denial of a rezone, the hearing Examiner must develop findings of fact from which to draw its conclusions based upon the criteria listed in PMC 25.210.060. The criteria are as follows: 1. The proposal is in accordance with the goals and policies of the Comprehensive Plan. The proposal is in accordance with the Comprehensive plan; The Comprehensive Plan Land Use Map designates the property ”Low‐Density Residential.” Under the current Comprehensive Plan Land Use designations of Low‐Density Residential the property may be zoned R‐S‐20, R‐S‐12, R‐S‐1, R‐1, or R‐1‐A. The Low‐Density Residential designation includes “Residential development at a density of 2 to 5 dwelling units per acre.” Demand for residential units exceeds that for commercial in the City. As well, uses to the north and south are both residential. 2. The effect of the proposal on the immediate vicinity will not be materially detrimental. The existing structure has been in place for approximately 25 years, and has not been a detriment to the area. Surrounding properties to the east, south and west are zoned RS‐20 with SFDUs developed to the east; the property to the north is zoned RT and has been a gravel mining/concrete batch plant operation since 1982. Rezoning the property to RS‐12 would allow for the current lot to be subdivided into four lots rather than the currently allowable three, and the development of one additional SFDU, which may diminish the value of surrounding properties, depending on the size, location, and quality of the structure. While any home built on a future subdivision of the land could block existing views of the Columbia River, the likelihood of that view blockage is increased by the addition of one more housing unit. 3. There is merit and value in the proposal for the community as a whole. The City is revising its Urban Growth Area (UGA) as part of the Comprehensive Plan Update. The UGA update will likely be smaller than current projections for low‐density residential growth as developed in the past would allow; as such, more residential lots are needed within the current UGA. 4. Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. The proposal is for increased density; Under the current Comprehensive Plan Land Use designations of Low‐Density Residential the property may be zoned R‐S‐20, R‐S‐12, R‐S‐1, R‐1, or R‐1‐A. As such, no special conditions would be required. As well, the City is revising its Urban Growth Area (UGA) as part of the Comprehensive Plan Update. The UGA update will likely be smaller than current projections for low‐density residential growth as developed in the past would allow; as such, more residential lots are needed within the current UGA.
4 Page 56 of 88
5. A Concomitant Agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement. A concomitant agreement would not be required in this circumstance.
RECOMMENDATION Staff recommends based on the Findings of Fact and Conclusions that the parcel at 11920 Harris Road, described as Lot 2, SHORT PLAT 2003‐19 (Parcel # 126 170 036), be rezoned from RS‐20 to RS‐12.
5 Page 57 of 88 Page 58 of 88 Page 59 of 88 Page 60 of 88 Page 61 of 88 Page 62 of 88 FND. NAIL '\_ NO. FND. 3-1/2" USCOE BRASS CAP IN CONC N89'59'43"W 1287.34'(M) S89"59'34 "E 1405.92'(M)_ " LOT 2, SHORT PLAT 2003-19 / S89'59'15"E 1286.75' (P) �9·59�-E 1405.93' SHORT PLAT - - _ . __ � _121..l_ -;- -1, ��14.23 _;, · N0"00"17"E�.01' . 0 13118 LOCATED IN A PORTION OF GOVERNMENT LOT 1, :/ N89"53'25"W 30.28'(M) HARRIS ROAD FNO. BRASS CAP IN _/ SECTION 13, TOWNSHIP 9 NORTH, RANGE 28 EAST, W.M. ; N89'58'43"W 33.07'(R) : MON. CASE FND. 1 /2" REBAR NOT HELD SEE NARRATIVE CITY OF PASCO, FRANKLIN COUNTY, WASHINGTON / 559·59'43"E 198.07'(C) - .§' -� - --N_B_9'58_'4_3 _"W_1_9_B_.o_1_'(_R)______....__ .,_ __ - ___ LEGAL DESCRIPTION • u +- -c- -o- .., ,.. ,£>- CITY OF PASCO NOTES: � -� 33.07' 20.00' 145.00' _j LOT 2, SHORT PLAT 2003-19. ACCORDING TO THE SURVEY THEREOF RECORDED UNDER AUDITOR'S FILE ., -- --- 1. THE UTILITY EASEMENTS SHOWN HEREON ARE HEREBY GRANTED FOR THE USE. ACCESS AND - - -' THE UTILl1Y EASEMENTS SHOWN HEREON ARE HEREBY APPROVED FOR THE FRANKLIN COUNTY P.U.O. HOUSE TIMOTHY T. BUSH. TRUSTEE KATHRYN L. BUSH, TRUSTEE FRANKLIN COUNTY P.U.D. DATE BUSH LIVING TRUST BUSH LIVING TRUST I\ ACKNOWLEDGMENT i\ THE ANNEXED SHORT PLAT IS HEREBY APPROVED BY AND FOR THE CITY OF PASCO, COUNTY OF NOT SET FRANKLIN, STATE OF WASHINGTON. LIES IN CENTER I \ STATE OF WASHINGTON OF BLOCK WAU. 1 SS I \ COUNTY OF 5 \ CITY OF PASCO COMMUNl1Y DEVELOPMENT DIRECTOR DATE THIS IS TO CERTIFY THAT ON THIS __J)AY OF ____ 2019. PERSONALLY APPEARED I \ S89'34'30"E 92.07' BEFORE "E IIMOTHY T BUSH AND KATHRYN I BUSH. TRUSTEES OF THE BUSH LIVING TRUST, TO ME I KNOWN TO BE THE INOMOUAL(S) IN AND WHO EXECUTED THE FOREGOING "OWNERS CERTIFICATE". ANO THE ANNEXED SHORT PLAT IS HEREBY APPROVED BY ANO FOR THE CITY OF PASCO, COUNTY OF ACKNOWLEDGED TO ME THAT THEY SIGNED THE SAME AS THEIR VOLUNTARY ACT ANO DEED. IN WITNESS RECIPROCAL ACCESS ESM'T THEREOF. I HAVE SET "y HAND ANO OFFICIAL SEAL THE DAY ANO YEAR FIRST ABOVE WRITTEN. I \ AF. IXXXXXXX FRANKLIN, STATE OF WASHINGTON. I 8' RIVER ACCESS ES 'T CITY OF PASCO ENGINEER NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON I AF. #XXXXXXX DATE RESIDING AT ______1·- 40' I LOT 4 MY co,o,ISSION EXPIRES:------I 2og�� 1gn IRRIGATION APPROVAL N .... I HEREBY CERTIFY THAT THE PROPERTY DESCRIBED HEREON IS LOCATED I WITHIN THE BOUNDARIES OF THE FRANKLIN COUNTY IRRIGATION DISTRICT ANO THAT THIS PROPERTY IS CLASSIFIED AS IRRIGABLE LANO ANO IS I LOT 3 ENTITLED TO IRRIGATION WATER UNDER THE EXISTING OPERATING RULES 18,191 SO.FT. AND REGULATIONS OF THIS DISTRICT. I FURTHER CERTIFY THAT THE I 0.42 AC. IRRIGATION EASEMENTS SHOWN ON THIS SHORT PLAT ARE ADEQUATE TO SERVE ALL LOTS SHOWN HEREON PER THE REQUIREMENTS OF RCW I 58.17.310. AND THAT ALL ASSESSMENTS HAVE BEEN PAID THROUGH THE YEAR 20_. SURVEYOR'S CERTIFICATE: I, DAVID P. BMLIMN, A REGISTERED LANO SURVEYOR. HEREBY CERTIFY THAT THE SHORT PLAT AS SHOWN IS BASED UPON ACTUAL FIELD SURVEY OF THE FRANKLIN COUNTY IRRIGATION DISTRICT LANO DESCRIBED AND THAT ALL ANGLES, DISTANCES. ANO COURSES ARE HEREON CORRECTLY SHOWN AND THAT THE LOT CORNERS HAVE BEEN STAKED ON THE GROUND AS SHOWN ON THE MAP. 3' UTILITY Es,n _J DATE A.F. #1629864 1 I I SURVEYOR'S NARRATIVE I XXX VICINITY MAP N.T.S. RCV: NON[ AUDITOR'S CERTIFICATE CLIENT JOB Page 63 of 88 TIM BUSH 38419 FILED FOR RECORD THIS __ DAY OF ______20_ AT ___ M, ��ROGERS SURVEYING INC., P.S. IN BOOK OF SHORT PLATS. AT PAGE __ AT THE REQUEST OF ROGERS PROJECT SHORT PLAT SURVEYING. 40 20 0 40 80 120 1455 COLUMBIA. PARK TRAIL RICHLAND, ll'A.. 99352 PTN GOV. LOT 1, S.13, T.9N .. R.28E., W.M. PHONE (509) 783-4141 FAX: (509) 783-8994 ORN. BY SCALE F. B. NO. SCALE IN FEET MPL 1·= 50' BG07 SHEET_!_ FRANKLIN COUNTY AUDITOR AUOfTOR'S FILE NU.. BER www.rogenaurvitying.com ACAO VER - C3019 APPROVED DPB DATE 12/31/2019 FILE: 38419.DWG OF_l_ Looking North Page 64 of 88 Looking East Page 65 of 88 Looking South Page 66 of 88 Looking West Page 67 of 88 American Rock Products Page 68 of 88 Neighbors to the East Page 69 of 88 Looking Southwest to the River Page 70 of 88 Jeff Adams From: Mark Coronado <[email protected]> Sent: Tuesday, April 7, 2020 4:46 PM To: Jeff Adams; Darcy Bourcier Subject: Comments on Master File #Z 2020-001 Rezone Application: April 8, 2020 - Bush Harris Road Rezone Attachments: comments Harris Road Rezone proposal.docx; Comments on Rezone application.docx External Email Warning! This email has originated from outside of the City of Pasco. Do not click links or open attachments unless you recognize the sender and know the content is safe. Mr. Adams, I would like to provide these comments in response to the above referenced proposed rezone application. I request that these comments be entered into the record for consideration. Please advise if I should be providing these comments via another mechanism, or if this is the correct means to enter comments into the record for the proposal. I have provided two sets of comments, one on the original petition for zone change (Master File #Z 2020-201) as well as the file Z 2020-001 Packet Harris Road - Bush PDF that you provided me via email. I would greatly appreciate it if you will please acknowledge receipt of this email. Please feel free to call me if you have any questions or concerns. Thank you, Mark Coronado 1 Page 71 of 88 March 7, 2020 To: Pasco Community Development Department P.O. Box 293, 525 North 3rd Avenue Pasco, WA 99301 C/O Mr. Jeffrey Adams Subject: Comments on Rezone Application: April 8, 2020 – Bush Harris Road Rezone – Master File Z 2020-001 To whom it may concern: I would like to offer the following comments on the proposed rezone of: Lot 2, SHORT PLAT 2003‐19 (Parcel # 126 170 036) from it’s current zoning designation of RS-20 to RS-12. I believe the materials prepared for the April 8th public hearing are incorrect or incomplete in multiple areas of the analysis related to the rezone criteria as detailed below. On page 2 of the document, item 2 of the review criteria is speculative in nature, if as indicated in the document, the City has not yet approved a revision to its Urban Growth Area. Item 3 on page two does not appear to be responsive to the review criteria as it does not “justify the change on the basis of advancing the public health, safety and general welfare”. Rather it describes how the proposed rezoning would be consistent with “The Comprehensive Plan”. The analysis of item 4 does not discuss the effect the proposed rezone will have on the value and character of the adjacent property and the comprehensive plan. My wife and I are located adjacent to the east of the property in question, at the northernmost end of the subject property. The proposed rezoning will allow a replat of the subject property that will allow for the establishment of a new building lot and eventual construction of a new home that will significantly effect, or possibly eliminate altogether our existing view of the river. If allowed, this will diminish the value of our property. The analysis as written does not identify or take into account this impact. The current analysis simply describes the general character of the neighborhood and does not reflect the changes that would take place to it if the rezone is approved nor does it discuss the effect the proposed rezoning will have on the adjacent property. Item 5 of the analysis of the review criteria is accurate, but I do not believe it provides compelling justification for the rezone. Tentative Conclusions Based on Initial Staff Findings of Fact Page 72 of 88 I believe the review of criteria 2, “The effect of the proposal on the immediate vicinity will not be materially detrimental” is not correct. The justification provided discusses how the past use of the property has not been a detriment, describes the zoning of surrounding properties, and states that rezoning the property to RS-12 would allow the development of one additional SFDU. It does not describe in any way the effect of the proposal on the immediate vicinity, and does not account for the likely diminished value of our property, or potentially other adjacent property, if the proposal is approved. Based upon the issues and concerns I have addressed above; I am opposed to approval of the requested rezoning of the subject property. Thank you for the opportunity to comment and for your consideration of them. Sincerely, Mark and Kim Coronado 4712 Shoreline Court Pasco, WA 99301 Page 73 of 88 Comments on Rezone application I would like to provide the following comments on the petition for zone change Master File # Z 2020- 001. Since the questions on the application are not numbered, I have restated the question below and provide my comments on the information provided on the application. What conditions warrant the proposed rezone? The only reason provided is because the owner desires to put in a four lot subdivision the existing rezone density will only allow three. How will the proposed rezone advance the health, safety, and general welfare of the community? The applicant states that it will allow a greater number of applicants to have direct access to the Columbia River. I do not believe this to be correct. The current plan for the subdivision has two additional water front lots and one that is not water front. I believe it would be possible to establish two new river front lots without approval of the zoning request. Even if the benefit as described is to be considered, it is of very minimal benefit to the community as a whole as the increased river access would only be available to the owners of the two new river front lots. What effect will the proposed change have on the value and character of adjacent property? The applicant states that when sold, future lots will be sold as “River Front Property” thus future sales would potentially increase surrounding property values. The land in question is currently river front property that has been nicely developed and landscaped. It is unlikely that creating two additional lots will increase the value of the existing property (creating more of something does not generally create the value of existing inventories, if anything it tends to reduce the value of existing inventories). The proposal also does not acknowledge that the current river views of three existing properties in River Shore Estates will be partially to almost completely obstructed. This will very likely result in decreased value to these three properties. The most likely net impact to the value of adjacent properties is a decrease, not increase. Page 74 of 88 From: Arrow Coyote (HSY) To: Darcy Bourcier Cc: Guy Moura (HSY) Subject: Bush Harris Rd. rezone project Date: Monday, February 24, 2020 2:36:26 PM External Email Warning! This email has originated from outside of the City of Pasco. Do not click links or open attachments unless you recognize the sender and know the content is safe. T’il’ x̌ǝšt - Hello RE: Bush Harris Rd. rezone project Location: T9N/R28E/Sec. 13 Please be advised your proposed undertaking lies near the traditional territory of the Palus Tribe. The Palus Tribe is a constituent member of and represented by the Confederated Tribes of the Colville Reservation [Colville Confederated Tribes (CCT)]. The CCT is governed by the Colville Business Council (CBC). The CBC delegated to the Tribal Historic Preservation Officer (THPO) the responsibility of representing the CCT with regard to cultural resources management issues throughout these traditional territories of our constituent tribes under Resolution 1996-29. This area includes most of eastern Washington, parts of northeastern Oregon, south central British Columbia, and parts of north central Idaho. In 1996, the CCT also entered into an agreement with the National Park Service to assume state historic preservation officer responsibilities as outlined in Section 101 (d) (2) of the National Historic Preservation Act. The assumption agreement explicitly tasks the Tribal Historic Preservation Officer (THPO), to advise and assist Federal and State agencies and local governments in carrying out their historic preservation responsibilities and for the CCT to carry out their responsibilities for review of federal undertakings in regard to cultural resources matters. The project entails a request to rezone a single lot from RS-20 to RS-12 in order to subdivide the lot into four single family lots. According to the SEPA checklist (page 11 c.) a search of WISAARD was negative for cultural resources, but the project APE is within the Tri-Cities Archaeological District. Also (page 11 d.) states that in case of cultural resources discovered, “the City of Historic Preservation Department of said discovery” – not sure what that means? There is insufficient data to assess impacts of this project on cultural resources. Therefore we request an archaeological assessment or investigation be conducted in the project APE and the resulting report be sent for review prior to the commencement of the project. Lámlamt - thank you Arrow Coyote, Archaeologist History/Archaeology Program Page 75 of 88 Confederated Tribes of the Colville Reservation PO Box 150 Nespelem, WA. 99155 509-634-2736 office 509-634-1280 cell [email protected] Page 76 of 88 Community Development Department ii PO Box 293, 525 N 3 /\ve, Pasco, W/\ 99301 1l P�Sco P: 509.545 3441 / F· 509 545.3499 DETERMINATION OF NON-SIGNIFICANCE Description of Proposal: Rezone of a 1.8-acre parcel from RS-20 (Suburban) to RS-12 (Suburban) to facilitate platting (Bush Rezone). Proponent: Knutzen Engineering 5401 Ridgeline Dr. Ste 160 Kennewick, WA 99338 Location of Proposal: 11920 Harris Road (Parcel #126-170-036) in Pasco, WA. Lead Agency: City of Pasco The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. □ This DNS is issued after using the optional DNS process in WAC 197-11-355. There is no further comment period on the DNS. Appeals must be filed within 14 days of this determination. Responsible Official: Rick White Position/Title: Community & Economic Development Director Address: PO Box 293, Pasco, WA 99301-0293 Phone: (509) 545-3441 Date: 3/10/2020 / Signature: W l� ED Number: SEPA2020-005 Master File Number: 22020-001 Page 77 of 88 CITY OF PASCO HEARING EXAMINER FINDINGS OF FACT, CONCLUSIONS OF LAW, AND RECOMMENDATION Rezone Z 2020-001, Bush June 1, 2020 ______ 1. FINDINGS OF FACT 1.1 Proposal. Request to rezone a 1.76-acre parcel from RS-20 (Suburban) zoning to RS-12 (Suburban). 1.2 Applicant and Location: Applicant: Tim Bush c/o Paul Knutzen, 11920 Harris Road, Pasco, WA 99301. Location: 11920 Harris Road, Pasco, WA 99301. Legal Description: Lot 2, Short Plat 2003-19 (Parcel No. 126-170-036). 1.3 Site Use. Developed with a single-family residence. 1.4 Land Use Designations/Site and Surrounding Area. The Comprehensive Plan designates the site as Low-Density Residential, which allows for RS-20, RS-12, RS-1, R-1, or R- 1A zoning. Surrounding land uses include: North: RT, industrial/gravel mining (across Harris Road) East: RS-20, single-family residences South: RS-20, Columbia River to the southwest West: RS-20, industrial sheds A rezone to RS-12 would allow for subdivision of the parcel into four single-family lots rather than the three currently allowed under the RS-20 zoning designation. 1.5 Evidence Reviewed. The Examiner admitted the Community and Economic Development Department's (“Department”) Staff Report, which attached maps of the site and surrounding area (overview, vicinity, land use, zoning, and plan), photographs, DNS, and comments from neighbors and the Confederated Tribes of the Colville Reservation. Except as revised, the Staff Report is incorporated into these findings. 1.6 SEPA (State Environmental Policy Act, Ch. 43.21C RCW). The Department issued an unappealed Determination of Non-Significance. SEPA review is complete. 1.7 Hearing. A properly noticed open record public hearing was held May 13, 2020.1 Due to COVID-19 restrictions, the hearing was conducted remotely, with the Examiner, 1 Public notice was mailed to property owners within 300 feet and published in the Tri-City Herald. PMC 25.210.040. City of Pasco Hearing Examiner Page 1 of 3 Recommendation, Bush Rezone Z 2020-001 Page 78 of 88 Department, and Applicant calling in. Access information was available to the public to allow citizens to join via either a video link or telephone call-in. There were no reported technical difficulties during the call or afterwards. However, in case any citizens who wished to comment had difficulty calling in, the record was kept open for five days, through May 18. No additional written comments were received. The Department summarized the project, and the Applicant, through Mr. Knutzen, addressed Hearing Examiner questions. No person from the public indicated a wish to testify. 1.8 Public Comment/Written. Comment was received from nearby property owners Mark and Kim Coronado, who are concerned with river view obstruction and decreased property values. Comment was also received from Arrow Coyote, archaeologist with the Confederated Tribes of the Colville Reservation, who requested an archaeological assessment or investigation. 1.9 Utilities. Water and sewer service are available from Harris Road. 1.10 Access. Harris Road. 1.11 Rezone Considerations. A rezone to RS-12 implements the Comprehensive Plan, and is in accord with its goals and policies. The rezone provides additional flexibility for site development while maintaining the low-density nature of the site. The creation of a slightly higher density residential neighborhood provides more affordable housing opportunities for Pasco residents. The possible construction of three new homes may alter some existing views of the river; however, dividing the lot into a currently-allowable three-lot subdivision would add two new homes, which could have the same effect depending on their size and location. 2. CONCLUSIONS The Examiner issues a rezone recommendation based on whether: (a) The proposal is in accord with the goals and policies of the Comprehensive Plan; (b) The effect of the proposal on the immediate vicinity will be materially detrimental; (c) There is merit and value in the proposal for the community as a whole; (d) Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal; (e) A concomitant agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement.2 2 PMC 25.210.060; PMC 2.50.080; Staff Report, p. 4. City of Pasco Hearing Examiner Page 2 of 3 Recommendation, Bush Rezone Z 2020-001 Page 79 of 88 Page 80 of 88 AGENDA REPORT FOR: City Council June 11, 2020 TO: Dave Zabell, City Manager Remote Regular Meeting: 6/15/20 FROM: Dave Zabell, City Manager Executive SUBJECT: Peaceful Assembly Resolution I. REFERENCE(S): Proposed Resolution II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: If after deliberation, Council may decide to adopt the proposed resolution as is or as amended: Option No. 1 - MOTION: I move to adopt Resolution No. ____, reaffirming the right of the people to peaceful assembly. - or - Option No. 2 - MOTION: I move to adopt the amended Resolution No. ____, reaffirming the right of the people to peaceful assembly as discussed and agreed to during the June 15, 2020 Council meeting. III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: At the June 1, 2020 City Council meeting, the Council established a Council subcommittee to work with the City's Inclusion, Diversity and Equity Commission (IDEC) and reach out to community leaders for the purpose of formulating a Council resolution affirming the right of peaceable assembly, as enshrined in the U.S. and Washington State Constitutions. Page 81 of 88 V. DISCUSSION: The subcommittee met with an IDEC representative and other community leaders in a virtual group meeting on Thursday, June 4, via video conference and conducted an in- depth discussion on the prospect of resolution stating the City Council's position and on related issues. Out of that discussion, the intent of the proposed resolution is to acknowledge some difficult history, the fact that injustices continue throughout the country, assure the public of the City’s commitment to the safety of community members exercising their rights, and set the foundation for continued dialogue and collaboration between the community and the City, and that the City, as an organization, along with the community as a whole, will together work to develop a course of action that will move Pasco forward in a positive direction consistent with the goals of Resolution No. 3820. Staff prepared an initial draft for the subcommittee's consideration based on that community discussion, the committee made their revisions and the revised draft was sent out to the community group for feedback. The feedback received was generally positive, with some concern however that the resolution while the resolution touched on the issues discussed, it did not provide for detailed steps or timelines on addressing issues at raised during the aforementioned group meeting. After taking in this valuable input, the subcommittee met again on Thursday, June 11, to consider that feedback and to produce this final draft. Given the relatively short turnaround, the need for further discussion and involvement by the full Council and community, and the charge of the subcommittee by the full Council, including identifiable steps timelines to address the myriad of issues around racial inequality made an attempt for a detailed plan unachievable at this time and at this point in the community dialogue. That said, the proposed resolution includes a firm City commitment for action by the City, a pledge in fact, to engage the community with an emphasis on people of color. No doubt that engagement will provide for a well-thought out and comprehensive plan of action borne of robust community engagement and involvement. It is difficult to predict where future discussions will lead or what ultimately may come of them, except that invariably progress almost always comes from this very type of effort. These are the kinds of lifts that move cities and the people that live in them forward. Staff recommends that Council discuss the resolution, consider the positions espoused, and commitment for action implied, modify as needed, and consider adoption. Page 82 of 88 RESOLUTION NO. _____ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON REAFFIRMING THE RIGHT OF THE PEOPLE TO PEACEFUL ASSEMBLY. WHEREAS, in hearing the community’s grief and outrage regarding the homicide of Mr. George Floyd in Minneapolis, Minnesota on May 25, 2020, and what is a long list of other unjust deaths, the City Council of the City of Pasco, on June 1, 2020, established a subcommittee of Councilmembers to consult with Pasco community leaders on a Resolution reaffirming the right of peaceful assembly; and WHEREAS, the City Council acknowledges that despite the great American ideals of life, liberty and the pursuit of happiness, these have historically and continually been denied to some based solely based on race throughout the country; and WHEREAS, the City of Pasco thus reaffirms the right of peaceful protest, especially for, in the words of General James Mattis, those “people of conscience who are insisting that we live up to our values — our values as people and our values as a nation” through peaceful protest here in Pasco; and WHEREAS, Section 4 of the Washington State Constitution declares, “The right of petition and of the people peaceably to assemble for the common good shall never be abridged”; and WHEREAS, this right to assemble for peaceful protest must be free from threats or intimidation per the laws of the State of Washington and the City of Pasco is committed to uphold this right rigorously; and WHEREAS, the City of Pasco, in Resolution 3820, passed in February 2018, declared that “the City of Pasco has historically been the home for diverse cultures within our region, creating its unique character and opportunities, as well as a source of pride for all who live here”; and WHEREAS, Resolution 3820 also declared that, “the City Council of the City of Pasco desires to protect and encourage our diverse culture, as well as to protect the constitutional rights of its citizens, including the right to be free of discriminatory practices and the fair application of law and to demonstrate that Pasco is a welcoming and inclusive City, where laws apply equally to all who live here, and where individuals, families and businesses are welcome”; and WHEREAS, Resolution 3820 also declared that, “the City Council of the City of Pasco is honored to serve the entire community, and seeks to provide equal protection to our residents and access to all of the City's services to those that live here”; and WHEREAS, the City Council recognizes, after the events surrounding the police-involved death of Mr. Antonio Zambrano in 2015, the community’s constructive engagement, peaceful protest, and commitment to dialogue, which contributed to positive police reform; and Resolution – Peaceful Assembly - 1 Page 83 of 88 WHEREAS, these community efforts have resulted in an updated use of force policy, body-worn cameras, embedded mental health workers, increased comprehensive training, state and national accreditation, and many other structural changes, which have made the Pasco Police Department a model of Community-Oriented Policing; and WHEREAS, the Pasco City Council, by oath or affirmation, pledged to uphold and support the Constitutions of the United States of America and the State of Washington, as well as the laws of the State of Washington, and hereby reaffirms its firm commitment to do so for the equal benefit and safety of all of the people of Pasco. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, DOES RESOLVE AS FOLLOWS: Section 1. Reaffirmation of Resolution 3820. The City of Pasco reaffirms the intent of Resolution 3820 for Pasco to be an Inclusive City, committed to embracing diversity and promoting equality among our workforce, residents, businesses, and visitors. Section 2. Declaration of the City Council. The City of Pasco upholds the right of the people to peaceful assembly without fear of illegal intimidation, as enshrined in the Constitution of the United States of America, Washington State Constitution, and the laws of the State of Washington. Section 3. Pledge of the City Council. The City Council of the City of Pasco pledges to engage with the community in open and honest dialogue to shape the future of the City and increase cultural competence and understanding across the City, especially with people of color who have been subject to historic inequities and injustices, to meet the goals of Resolution 3820 of embracing diversity and promoting equality. PASSED by the City Council of the City of Pasco, Washington this 15th day of June, 2020. Saul Martinez Mayor ATTEST: APPROVED AS TO FORM: ______Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Resolution – Peaceful Assembly - 2 Page 84 of 88 AGENDA REPORT FOR: City Council June 10, 2020 TO: Dave Zabell, City Manager Remote Regular Meeting: 6/15/20 FROM: Bob Gear, Fire Chief Fire Department SUBJECT: *Bid Award - Fire Station No. 84 and Fire Headquarters I. REFERENCE(S): Fire Station No. 84-Bid Tabulations Station No. 84 Rendering II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to award the bid for construction of Fire Station No. 84 & Fire Headquarters to Jackson Contractor Group, Inc. in the amount of $7,526,305.80 including Washington State Sales Tax, and further authorize the City Manager to execute the contract documents. III. FISCAL IMPACT: $7,526,305.80 funded through proceeds of 2019 LTGO Bond IV. HISTORY AND FACTS BRIEF: Per prior direction of the City Council through the Fire Strategic Plan, 2020-2025 Capital Improvement Plan and adopted 2019-2020 Biennial Budget, bids were let for construction of a new Fire Station No. 84 and Fire Headquarters to replace the aging, undersized existing station to a new location as previously identified that is more centrally located in the response area. Relocation of the fire station will decrease response times to the vast majority of residents and business within the Fire Station No. 84 response area, enhance the safety of the crews stationed at the facility and allow for fire and emergency medical response to a large portion of the Riverview area within the adopted response time. It will also include the Administrative offices for the Fire Administrative staff. Currently the Fire Chief, Deputy Fire Chief, EMS Medical Officer, Fire Training Officer, Community Risk Reduction Officer and the Administrative Assistant are in a leased facility at the Page 85 of 88 Port of Pasco. V. DISCUSSION: As specified, bids for the project were received and opened on June 9, 2020. The City received a total of four (4) responsive bids. The lowest responsive bid was submitted by Jackson Contractor Group, Inc. in the amount of $6,930,300.00. Washington State Sales tax will add $596,005.80 to the bid for a total of $7,526,305.80 including both alternates. The lowest responsive bid is below the engineers construction estimate of 9,252,122.70 including Washington State Sales tax, and within the project budget. Additional costs are anticipated as part of construction, specifically, the planned installation of the Fire Station Alerting System equipment and installation, which will be bid separately and installed in all four City fire stations. As provided for in the project budget, expenditures for construction management services and additional architectural services during the build are planned. As the aforementioned bid is responsive and within the appropriated budget, staff recommends award of the Fire Station No. 84 and Headquarters bid to Jackson Contractor Group, Inc. Page 86 of 88 HEADQUARTERS FIRE STATION 84 10/29/2019 ELEVATION NORTH ELEVATION 1 1" = 20'-0" NORTH ELEVATION - MATERIALS 2 1" = 20'-0" Page 87 of88 Bid Tabulations - Fire Station No. 84 Engineer's Estimate Contract #CP5-FR-23-19-84 Base Bid $ 8,290,269.00 Bid Date: June 9, 2020 Alt 1 $ 229,181.00 Alt 2 N/A Subtotal $ 8,519,450.00 WA St Sales Tax (8.6%) $ 732,672.70 GRAND TOTAL $ 9,252,122.70 Contractor: Contractor: Bouten Construction Chervenell Construction Item Bid Security 5% Bid Bond 5% Bid Bond No. Description Quant Unit Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount 1 Total Base Bid 1 LS $ - $ - $ 7,220,000.00 $ - $ 7,095,000.00 2 Unit Price 1 - Over-Excavation & Replacement of Unsuitable Soil 250 CY $ - $ 42.00 $ 10,500.00 $ 42.00 $ 10,500.00 Base Bid Subtotal: $ - $ 7,230,500.00 $ 7,105,500.00 Alternate 1 $ 180,000.00 $ 188,000.00 Alternate 2 $ 103,000.00 $ 108,000.00 Competitive bids were opened on June 9, 2020. All bids have Subtotal (Base & Alternatives): $ - $ 7,513,500.00 $ 7,401,500.00 been reviewed by this office. I recommend the contract be WA St Sales Tax (8.6%): $ - $ 646,161.00 $ 636,529.00 awarded to: GRAND TOTAL: $ - $ 8,159,661.00 $ 8,038,029.00 Date Project Manager Contractor: Contractor: Jackson Contractor Group, Inc. TW Clark Construction 5% Bid Bond 5% Bid Bond Unit Price Total Amount Unit Price Total Amount $ - $ 6,635,600.00 $ - $ 6,919,000.00 $ 42.00 $ 10,500.00 $ 45.00 $ 11,250.00 Base Bid Subtotal: $ - $ 6,646,100.00 $ 6,930,250.00 Alternate 1 $ 179,700.00 $ 165,000.00 Alternate 2 $ 104,500.00 $ 108,000.00 Subtotal: $ - $ 6,930,300.00 $ 7,203,250.00 WA St Sales Tax (8.6%): $ - $ 596,005.80 $ 619,479.50 GRAND TOTAL: $ - $ 7,526,305.80 $ 7,822,729.50 Page 88 of