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2024.08.05 Council Agenda Packet
AGENDA City Council Regular Meeting 7:00 PM - Monday, August 5, 2024 Pasco City Hall, Council Chambers & GoToWebinar Page 1. MEETING INSTRUCTIONS for REMOTE ACCESS - Individuals, who would like to provide public comment remotely, may continue to do so by filling out the online 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 this meeting. To listen to the meeting via phone, call (914) 614-3221 and use access code 347-125-017. 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 Councilmembers, the item may be removed from the Consent Agenda to the Regular Agenda and considered separately. 6 - 25 (a) Approval of Meeting Minutes for July 1st, July 8th & July 22nd To approve the minutes of the Pasco City Council Regular Meeting held on July 1st and Regular Workshops held on July 8, 2024 & July 22, 2024, and Special Meeting held on July 22, 2024. 26 - 29 (b) Bills and Communications - Approving Claims in the Total Amount of $17,231,637.88 and Wriite-off Totaling $34,631.00 Page 1 of 223 (delinquent bad debt) To approve claims in the total amount of $17,231,637.88 ($10,984,215.74 in Check Nos. 265048 - 265851; $2,358,871.58 in Electronic Transfer Nos. 846936 - 846968, 846973, 846982 - 847029, 847031 - 847259, 846261 - 847288; $40,642.46 in Check Nos. 54755 - 54793; $3,845,807.08 in Electronic Transfer Nos. 30210073 - 30212202;$2,101.02 in Check Nos. 982 - 984). To approve bad debt write-off for accounts receivable including Utility Billing, Ambulance, Cemetery, General Accounts, and Miscellaneous Accounts in the total amount of $34,631.00 and, of that amount, authorize $34,631.00 to be turned over for collection. 30 - 36 (c) Resolution No. 4472 - Supplemental Agreement with HLA for Project Management Professional Services on Lewis Street Overpass Project To approve Resolution No. 4472, authorizing the City Manager to execute Supplement No. 3 for the Professional Services Agreement with HLA engineering and Land Surveying, Inc. for the Lewis Street Overpass Project. 37 - 43 (d) Resolution No. 4473, Declaring the City's 2024 Legislative Interim Action Plan as Potential Legislature Priorities for the 2025 Session of the Washington State Legislature (5 minutes) To approve Resolution No. 4473, declaring the City's 2024 Legislative Interim Action Plan as potential legislative priorities for the 2025 Session of the Washington State Legislature. 44 - 45 (e) Reappointment to the Pasco Public Facilities District Board of Mark Morrissette To confirm the Mayor's reappointment of Mark Morrissette to Position No. 2 on the Pasco Public Facilities District Board with the term expiring on July 14, 2028. 46 - 49 (f) Appointment to the Housing Authority of the City of Pasco & Franklin County Board of Commissioners of Paul Cook To appoint Paul Cook to the Housing Authority Board of Commissioners under Position No. 4 effective August 5, 2024, through January 28, 2025. (RC) MOTION: I move to approve the Consent Agenda as read. 5. PROCLAMATIONS AND ACKNOWLEDGEMENTS 6. PUBLIC COMMENTS - The public may address Council on any items unless it relates to a scheduled Public Hearing. This item is provided to Page 2 of 223 allow the opportunity to bring items to the attention of the City Council or to express an opinion on an issue. Its purpose is not to provide a venue for debate or for the posing of questions with the expectation of an immediate response. Some questions require consideration by Council over time and after a deliberative process with input from a number of different sources; some questions are best directed to staff members who have access to specific information. Citizen comments will normally be limited to three minutes each by the Mayor. Those with lengthy messages are invited to summarize their comments and/or submit written information for consideration by the Council outside of formal meetings. Lastly, when called upon, please state your name and city or county residency into the microphone before providing your comments. 7. REPORTS FROM COMMITTEES AND/OR OFFICERS (a) Verbal Reports from Councilmembers 8. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO 50 - 56 (a) Public Hearing & Ordinance No. 4721 - ROW Vacation for MACA LLC Alleys Vacation (VAC 2024-001) (3 minutes) HOLD A PUBLIC HEARING MOTION:I move to adopt Ordinance No. 4721, vacating a 20-foot Alley in Block 105 Pasco Land Company First Addition to Pasco, Washington, and, further, authorize publication by summary only. 57 - 71 (b) Public Meeting & Resolution No. 4476 - Accepting a Notice of Intent for Valdivia Annexation (ANX 2024-001) (3 minutes) CONDUCT A PUBLIC MEETING MOTION: I move to approve Resolution No. 4476, accepting a notice of intent to commence annexation proceedings for the Valdivia annexation, providing a determination on the boundary to be annexed, and whether simultaneous zoning and the assumption of bonded indebtedness will be required. 72 - 84 (c) Public Meeting & Resolution No. 4477 - Accepting a Notice of Intent for Shumway/Taylor Flats Road Annexation (ANX 2024- 002) (3 minutes) CONDUCT A PUBLIC MEETING MOTION: I move to approve Resolution No. 4477, accepting a notice Page 3 of 223 of intent to commence annexation proceedings for the Shumway annexation, providing a determination on the boundary to be annexed, and whether simultaneous zoning and the assumption of bonded indebtedness will be required. 9. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS 85 - 145 (a) Ordinance No. 4722 - Amending PMC Titles 5 and 25 Related to Public Space and Mobile Vending (CA 2023-005) (10 minutes) MOTION: I move to adopt Ordinance No. 4722, amending Title 5 Business Licenses and Regulations, and Title 25 Zoning, of the Pasco Municipal Code to implement the Downtown Pasco Master Plan by expanding opportunities for businesses to use streets, public spaces, and private lots, to increase activity in downtown and in other retail, hubs and, further, authorize publication by summary only. 146 - 158 (b) Ordinance No. 4723 - Small Cell Wireless Facility Deployment Franchise Agreement for US Cellular (3 minutes) MOTION: I move to adopt Ordinance No. 4723, approving a non- exclusive Franchise to construct, install, operate, maintain, repair, or remove small wireless facilities, small wireless facility poles and small wireless towers within the public ways of the City of Pasco and, further, authorize publication by summary only. 159 - 184 (c) Resolution Nos. 4478 & 4479 - Surplus and Sale of City Property along Burden Boulevard MOTION: I move to approve Resolution No. 4478, approving the surplus of certain City-owned real property located along Burden Boulevard, Parcel No.117370017 MOTION: I move to approve Resolution No. 4479, approving the sale of certain City-owned real property located along Burden Boulevard, Parcel No.117370017 185 - 190 (d) *Resolution No. 4480 - Setting a Public Hearing for Alvarado Place ROW Vacation (VAC 2024-002) MOTION: I move to approve Resolution No. 4480, setting 7:00 p.m., Monday, September 16, 2024, as the time and date for a public hearing to consider the vacation of a 20-foot Right-of-Way along the eastern property line of Lot 1 of Short Plat 94-7 located approximately 300 feet east of the intersection of Road 100 and West Court Street, in Pasco, Washington. 191 - 221 (e) Resolution Nos. 4474 & 4475 - Approving two (2) Developer Reimbursement Agreements with Big Sky Developers (7 minutes) Page 4 of 223 MOTION: I move to approve Resolution No. 4474, authorizing the City Manager to execute a Developer Reimbursement Agreement with Big Sky Developers, LLC for the construction of water utility improvements for Spencer Estates, Phase 4. MOTION: I move to approve Resolution No. 4475,authorizing the City Manager to execute a Developer Reimbursement Agreement with Big Sky Developers, LLC for the construction of utility improvements for the Dunes, Burns Road pressure reducing valve. 10. UNFINISHED BUSINESS 11. NEW BUSINESS 12. MISCELLANEOUS DISCUSSION 13. EXECUTIVE SESSION (a) Discussion with Legal Counsel About Current or Potential Litigation per RCW 42.30.110(1)(i) (4 minutes) 14. ADJOURNMENT 15. ADDITIONAL NOTES (a) (RC) Roll Call Vote Required * Item not previously discussed Q Quasi-Judicial Matter MF# “Master File #....” 222 - 223 (b) Adopted Council Goals (Reference Only) (c) 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 5 of 223 AGENDA REPORT FOR: City Council July 31, 2024 TO: Adam Lincoln, City Manager City Council Regular Meeting: 8/5/24 FROM: Debra Barham, City Clerk City Manager SUBJECT: Approval of Meeting Minutes for July 1st, July 8th & July 22nd I. REFERENCE(S): 07.1.2024, 07.08.2024, and 07.22.2024 Draft Council Minutes II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve the minutes of the Pasco City Council Regular Meeting held on July 1st and Regular Workshops held on July 8, 2024 & July 22, 2024, and Special Meeting held on July 22, 2024. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 6 of 223 MINUTES City Council Regular Meeting 7:00 PM - Monday, July 1, 2024 Pasco City Hall, Council Chambers & GoToWebinar CALL TO ORDER The meeting was called to order at 7:00 PM by David Milne, Mayor Pro Tem. ROLL CALL Councilmembers present: David Milne, Blanche Barajas, Melissa Blasdel, Charles Grimm, Peter Harpster, and Leo Perales Councilmembers attending remotely: Councilmembers absent: Pete Serrano Staff present: Adam Lincoln, City Manager; Richa Sigdel, Deputy City Manager; Angela Pashon, Assistant City Manager; Darcy Buckley, Finance Director; Kevin Crowley, Fire Chief; Eric Ferguson, City Attorney; Jacob Gonzalez, Community & Economic Development Director; Ken Roske, Police Chief; Maria Serra, Public Works Director; and Krystle Shanks, Deputy City Clerk The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA Approval of Meeting Minutes for June 17th and June 24th To approve the minutes of the Pasco City Council Regular Meeting held on June 17, 2024, and Special Meeting and Regular Workshop held on June 24, 2024. Bills and Communications - Approving Claims in the Total Amount of $7,820,368.37 To approve claims in the total amount of $7,820,368.37 ($5,868,127.35 in Check Nos. 264688 - 265047; $686,785.88 in Electronic Transfer Nos. 846533 - 846781, 846803 - 846901, 846903 - 846905, 846907 - 846935; $17,569.27 in Check Nos. 54735 - 54754; $1,247,885.87 in Electronic Transfer Nos. 30209379 - 30210072). Page 1 of 8Page 7 of 223 Ordinance No. 4718 - Amending Pasco Municipal Code Section 3.35.160 Water Utility to Include a Ten-Inch Line Rate To adopt Ordinance No. 4718, amending the Pasco Municipal Code Section 3.35.160 Water Utility, adjusting the water utility billing rates to include a ten-inch water line rate and, further, authorize publication by title only. Ordinance No. 4719 - Amending Pasco Municipal Code Section 9.80.035 Sitting, Lying on Sidewalk in Designated Zone - Adding Streets to Designated Area To adopt Ordinance No. 4719, amending Pasco Municipal Code Section 9.80.035 "Sitting, Lying on Sidewalk in Designated Zone" to include additional streets within designated zone and, further, authorize publication by summary only. Resolution No. 4465 - I-182 & Broadmoor Boulevard Interchange Project Change Order No. 6 To approve Resolution No. 4465, authorizing the City Manager to execute Change Order No. 6 with Nelson Construction Corp. for the I-182 & Broadmoor Boulevard Interchange Project. Resolution No. 4466 - Project Acceptance for GESA Stadium Improvements To approve Resolution No. 4466, accepting work performed by Apollo, Inc. under contract for the GESA Stadium Improvement Project. ROLL CALL VOTE MOTION: Councilmember Blasdel moved, seconded by Councilmember Barajas to approve the Consent Agenda as read. RESULT: Motion carried unanimously 6-0 AYES: Mayor Pro Tem Milne, Councilmember Barajas, Councilmember Blasdel, Councilmember Grimm, Councilmember Harpster, and Councilmember Perales ABSENT: Mayor Serrano PROCLAMATIONS AND ACKNOWLEDGEMENTS PUBLIC COMMENTS Mayor Pro Tem Milne invited the Sylvia Gonzalez, Colima-Pasco Friendship and Collaboration Association (COPA) President, and Stephen McFadden, to provide a recap of the COPA event. Sylvia Gonzalez, discussed the COPA symphony event, the Colima delegates' visit and thanked Council and staff for their support. Page 2 of 8Page 8 of 223 Stephen McFadden, Director of Economic Development & Marketing at Port of Pasco, discussed the the partnership with Colima, and the Colima delegates visit and special event. Cara Payzant, discussed safety concerns at Memorial Pool and submitted an email sent to Council and staff. Mary Mahoney, Pasco resident, discussed a meeting from April 1, 2019, relating to a Spay/Neuter Clinic and investigation. She asked if former TCAS Contractor, Angela Zilar, would be receiving a pension. She also commented the floodplain. Thomas Granbois, Pasco resident, commented on the COPA event and read a prepared statement from Planning Commissioner Kim Lehrman regarding the recent COPA event. He mentioned Councilmember Blasdel's previous comments regarding decorum towards staff. Michelle Harpster, wished Councilmember Harpster, "Happy Birthday." REPORTS FROM COMMITTEES AND/OR OFFICERS Verbal Reports from Councilmembers Ms. Barajas discussed the past week of hosting the delegates from Colima, taking them to the Pasco Fire Station, the Port of Pasco BBQ and Coffee with a Cop. She added that the COPA event was well attended by people locally and from all over the state. She reported on a local FIFA World Cup meeting she recently attended. Mr. Grimm reported on the Franklin County Sheriff's Foundation Fundraiser Banquet he attended. Ms. Blasdel reported on the Visit Tri-Cities Board meeting, Pasco Port BBQ, Coffee with a Cop and the COPA event she recently attended. Mr. Perales reported on the kickoff meeting for the local FIFA World Cup group for a fan festival location that he recently attended. Mayor Pro Tem Milne reported on the community involvement at the COPA event. Martin Luther King Jr (MLK) Community Center Improvements Update Ms. Serra introduced Rob Rada with Architects West, who presented updates on the Martin Luther King (MLK) Jr. Community Center Renovation and Expansion project. Council and Staff discussion ensued and included the following: Concerns of mold on the bricks of the facility, abatement of the mold and Page 3 of 8Page 9 of 223 cost Funding for the project and a timeline ADA Compatibility of the facility Costs for updates on current facility vs. new facility Requested input from the East Pasco residents that use the facility on their preferences ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS Ordinance No. 4720 - Issuance of 2024 Bond - Limited Tax General Obligation Ms. Buckley reported on the Tax Increment Financing (TIF) Area that was discussed at previous Council meetings. The City is seeking approval of funds for roadway improvements and construction in the Broadmoor TIF Area. MOTION: Councilmember Blasdel moved, seconded by Councilmember Perales to adopt Ordinance No. 4720, relating to contracting indebtedness; providing for the issuance, sale and delivery of not to exceed $39,000,000 aggregate principal amount of limited tax general obligation bonds to provide funds to make infrastructure improvements in respect of the Broadmoor Increment Area designated by Ordinance No. 4618 and to pay the costs of issuance and sale of the bonds; fixing or setting parameters with respect to certain terms and covenants of the bonds; appointing the City’s designated representative to approve the final terms of the sale of the bonds; and providing for related matters and, further, authorize publication by summary only. RESULT: Motion carried unanimously 6-0 AYES: Mayor Pro Tem Milne, Councilmember Barajas, Councilmember Blasdel, Councilmember Grimm, Councilmember Harpster, and Councilmember Perales ABSENT: Mayor Serrano Resolution No. 4467 - Issuing a Notice of Planned Final Action Regarding Condemnation of Land Ms. Sigdel discussed the proposed "Notice of Planned Final Action" regarding condemnation of land for eminent domain proceedings. The land needed for roadway improvements is 1,677 square feet located on Broadmoor Boulevard and Sandifur Parkway and is not usable land for the property owner. Ms. Sigdel explained that staff has made numerous attempts to contact the owner for acceptance or denial of offers but there has been no response. She stated that the action requested of Council at this time is to approved a notice authorizing the condemnation. This action may get the property owner's attention to meet with the City staff to work out deal for the property. Council and Staff discussion ensued on the proposed condemnation, noting that Page 4 of 8Page 10 of 223 this is an action that should be used sparingly, but given the number of attempts made by City Staff and the importance of the land needed for the safety of the general public and traffic flow, Councilmembers voiced support, hoping Council's action would get a response from the property owner to resolve the matter. MOTION: Councilmember Blasdel moved, seconded by Councilmember Perales to approve Resolution No. 4467, authorizing notice of planned final action regarding the City of Pasco's use of eminent domain proceedings. RESULT: Motion carried unanimously 6-0 AYES: Mayor Pro Tem Milne, Councilmember Barajas, Councilmember Blasdel, Councilmember Grimm, Councilmember Harpster, and Councilmember Perales ABSENT: Mayor Serrano Resolution No. 4468 - Setting a Date to Consider a Notice of Intent to Commence Annexation Proceedings for Valdivia Annexation (ANX 2024- 001) Mr. Gonzalez discussed the notice of intent to commence annexation for property owned by Mr. Valdivia. Mr. Perales noted he knew the property owner but could make an impartial decision on the matter. MOTION: Councilmember Blasdel moved, seconded by Councilmember Perales to approve Resolution No. 4468, setting 7:00 PM, August 5, 2024, as the time and date for a public meeting to consider a notice of intent to commence annexation proceedings for the Valdivia annexation. RESULT: Motion carried unanimously 6-0 AYES: Mayor Pro Tem Milne, Councilmember Barajas, Councilmember Blasdel, Councilmember Grimm, Councilmember Harpster, and Councilmember Perales ABSENT: Mayor Serrano Resolution No. 4469 - Setting a Date to Consider a Notice of Intent to Commence Annexation Proceedings for Shumway/Taylor Flats Road Annexation (ANX 2024-002) Mr. Harpster recused himself from this item and left the room. Mr. Gonzalez discussed the notice of intent to commence annexation for Shumway/Taylor Flats Road. MOTION: Councilmember Blasdel moved, seconded by Councilmember Perales to approve Resolution No. 4469, setting 7:00 PM, August 5, 2024, as Page 5 of 8Page 11 of 223 the time and date for a public meeting to consider a notice of intent to commence annexation proceedings for the Shumway/Taylor Flats Road annexation. RESULT: Motion carried unanimously 5-0 AYES: Mayor Pro Tem Milne, Councilmember Barajas, Councilmember Blasdel, Councilmember Grimm, and Councilmember Perales ABSTAIN: Councilmember Harpster ABSENT: Mayor Serrano Resolution No. 4470 - Setting a Public Hearing for MACA, LLC Alleys Vacation (VAC 2024-001) Mr. Harpster rejoined the meeting. Mr. Gonzalez discussed the setting of a public hearing for the MACA, LLC alleys right-of-way vacation application. MOTION: Councilmember Blasdel moved, seconded by Councilmember Perales to approve Resolution No. 4470, setting 7:00 p.m., Monday, August 5, 2024, as the time and date for a public hearing to consider the vacation of a 20-foot Alley in Block 105 Pasco Land Company First Addition to Pasco, Washington, and waiving the requirements for an appraisal, title report, and payment of compensation. RESULT: Motion carried unanimously 6-0 AYES: Mayor Pro Tem Milne, Councilmember Barajas, Councilmember Blasdel, Councilmember Grimm, Councilmember Harpster, and Councilmember Perales ABSENT: Mayor Serrano NEW BUSINESS Cancellation of July 15, 2024 Regularly Scheduled Council Meeting Mr. Lincoln stated that due to some requests from Councilmembers who plan on being absent at the next regular business meeting, and the ability to move agenda items to other upcoming meetings, staff was proposing cancelling the July 15, 2024, Council Meeting. MOTION: Councilmember Blasdel moved, seconded by Councilmember Barajas to approve the cancellation of the regularly scheduled Council Meeting set for July 15, 2024. RESULT: Motion carried unanimously 6-0 AYES: Mayor Pro Tem Milne, Councilmember Barajas, Councilmember Blasdel, Councilmember Grimm, Page 6 of 8Page 12 of 223 Councilmember Harpster, and Councilmember Perales ABSENT: Mayor Serrano MISCELLANEOUS DISCUSSION Ms. Pashon discussed the upcoming scheduled 4th of July events, including the Kiwanas Pancake Breakfast, Patriot Fun Run, Pre-Parade Street Dance, Grand Ol' 4th of July Parade, Cardboard Regatta at Memorial Pool, car show and fireworks. Mr. Perales discussed an issue regarding the City's fencing code, particularly on corner lots and would like to see it come back to Council for consideration. Mayor Pro Tem Milne said he was supportive of staff bringing the City's fence code back to Council. Ms. Barajas noted that Council can respond to staff's email regarding the fencing matter. Mr. Harpster announced that Pasco High alumni, Marisa Howard, qualified for the Paris Olympics. He stated he would not be attending the July 8th Workshop in-person or remotely and asked Councilmembers if some items that were scheduled for that workshop, particularly the Council Rules of Conduct and Council Work Plan, could be moved forward. Council was in favor of moving those items to another meeting. Ms. Barajas commemorated Mr. Harpster's birthday and wished Adam Lincoln and his wife a happy anniversary. EXECUTIVE & CLOSED SESSIONS CLOSED SESSION Council adjourned into Closed Session at 8:10 PM for for 10 minutes returning at 8:20 PM to discuss Collective Bargaining Unit Negotiations per RCW 42.30.140(4)(a) with the City Manager, Deputy City Manager, Assistant City Manager, Human Resources Director and City Attorney. At 8:21 PM Mayor Pro Tem Milne announced that the Closed Session would continue for another 10 minutes returning at 8:31 PM. Mayor Pro Tem Milne stated the Closed Session had ended at 8:31 PM. EXECUTIVE SESSION Council adjourned into Executive Session at 8:32 PM for 20 minutes returning at 8:52 PM to consider site selection or acquisition of real estate purchase or lease if Page 7 of 8Page 13 of 223 likelihood that disclosure would increase price per RCW 42.30.110(1)(b) with the City Manager, Deputy City Manager, and City Attorney. At 8:52 PM Mayor Pro Tem Milne announced that the Executive Session would continue for another 6 minutes or until 8:58 PM. Mayor Pro Tem Milne called the meeting back to order at 8:58 PM. ADJOURNMENT There being no further business, the meeting was adjourned at 8:58 PM. PASSED and APPROVED on _______________________. APPROVED: ATTEST: Pete Serrano, Mayor Krystle Shanks, Deputy City Clerk Page 8 of 8Page 14 of 223 MINUTES City Council Workshop Meeting 7:00 PM - Monday, July 8, 2024 Pasco City Hall, Council Chambers & GoToWebinar CALL TO ORDER The meeting was called to order at 7:00 PM by Pete Serrano, Mayor. ROLL CALL Councilmembers present: Pete Serrano, David Milne, Blanche Barajas, Melissa Blasdel, Charles Grimm, and Leo Perales Councilmembers attending remotely: Councilmembers absent: Peter Harpster Staff present: Adam Lincoln, City Manager; Richa Sigdel, Deputy City Manager; Angela Pashon, Assistant City Manager; Darcy Buckley, Finance Director; Kevin Crowley, Fire Chief; Eric Ferguson, City Attorney; Jacob Gonzalez, Community & Economic Development Director; Jesse Rice, Parks & Recreation Director; Ken Roske, Police Chief; Maria Serra, Interim Public Works Director; and Krystle Shanks, Deputy City Clerk The meeting was opened with the Pledge of Allegiance. VERBAL REPORTS FROM COUNCILMEMBERS Ms. Barajas discussed the Freemason's and attended their local event and she attended the 4th of July parade. Mr. Milne attended the 4th of July parade, the Car Show and a Pasco Police ride-a- long on the 4th of July, noting the challenges of enforcing illegal fireworks due to other incidents needing law enforcement response. Mayor Serrano attended the Freemason's event and participated in the 4th of July fireworks show. Page 1 of 4Page 15 of 223 ITEMS FOR DISCUSSION WITH OPPORTUNITY FOR PUBLIC COMMENT ORD - Amending Sections of the Pasco Municipal Code to Title 17 Sign Code Related to Billboards Mr. Gonzalez gave a presentation on the proposed ordinance amending sections of the Pasco Municipal Code to Title 17 - Sign Code Related to Billboards. Mr. Gonzalez provided the history of the Pasco Municipal Code relating to sign codes, noting that only minor changes have been made to the sign code since 2016. At the February 5, 2024, City Council Meeting, Meadow Outdoor Advertising proposed a code amendment (CA 2024-002) to allow billboards, including digital billboards. Staff requested Council discussion prior to bringing back for final Council decision on the following items: Billboards in Overlay Districts - Currently prohibited in the Broadmoor Overlay District and not explicitly prohibited in Downtown Pasco, but freestanding signs are banned. Billboard Structure vs. Billboard Sign - Clarification on whether each sign face on a billboard structure should count separately towards the billboard limit (e.g., a double-sided billboard counting as two signs). Mr. Perales stated he would be in favor of billboard signs prohibited in the Broadmoor Area but not prohibited in Downtown Pasco, as he has head Downtown business owners express interest in this form of advertising. He also stated that he would count a double-sided billboard as one billboard. Mr. Grimm discussed concerns about content placed on the billboards, particularly advertising of age-restricted items. Ms. Barajas noted that the proposed amendment of 50 allowable billboards seems high for the size of the City of Pasco and asked for a comparison of billboard thresholds for jurisdictions in similar size of Pasco. RES - Supplemental Agreement with HLA for Project Management Professional Services on Lewis Street Overpass Project Ms. Serra reported on the resolution for the third supplemental agreement with HLA for Project Management Professional Service on the Lewis Street Overpass this amendment will close it to close out and for Mr. Perales asked when this project is going to be completed. Ms. Serra said Fall of 2024, but following WSDOT directives there is a 2 year lag Page 2 of 4Page 16 of 223 date. Mr. Perales asked if this could continue to cost more money. He'd like to know what the contractor is still doing. Ms. Serra provided some context - oversight, reviewing proposed changes, payouts, helping get through the full documentation of the project in prep for an audit along with funding pursuits. Mr. Perales asked if this work could be performed in-house. Ms. Serra said staff is fully capable but at max with their workload. Mayor Pro Tem said he appreciated going outside for this and understands the bandwidth of staff, but did agree with Mr. Perales as this is a concern having costs overrun. Asked if HLA will recoup some of the funding. Ms. Serra said yes, the last time HLA was able to secure another $2M and they are pursuing funds for this project. MISCELLANEOUS COUNCIL DISCUSSION Mr. Lincoln stated that July 15th there is no meeting as previously approved. Mr. Gonzalez provided a brief overview of the Small Business Relief Program, noting there were a total of 21 applications, 12 approved, $122, 048.69 awarded, 7 pending and 2 denied for being outside of the boundary. Mr. Grimm shared email he received relating to road construction and traffic for boat races. Mr. Perales expressed the sentiment of issues with fireworks, but wants better enforcement or education on illegal fireworks, such as dates they can set them off and times. Mayor Serrano agreed with Mr. Perales and stated more education would be a good idea, noting times, dates and types of fireworks that are legal. Personally would struggle to completely prohibit, as he didn't think it would achieve anything. EXECUTIVE SESSION Council adjourned into Executive Session at 7:49 PM for 10 minutes returning at 7:59 PM to discuss with legal counsel about current or potential litigation per RCW 42.30.110(1)(i) with the City Manager, Deputy City Manager, and City Attorney and Public Works Director. At 7:59 PM Mayor Serrano announced that the Executive Session would continue Page 3 of 4Page 17 of 223 for another 10 minutes. At 8:09 PM Mayor Serrano announced that the Executive Session would continue for another 3 minutes. Mayor Serrano called the meeting back to order at 8:12 PM. ADJOURNMENT There being no further business, the meeting was adjourned at 8:12 PM. PASSED and APPROVED on _______________________. APPROVED: ATTEST: Pete Serrano, Mayor Krystle Shanks, Deputy City Clerk Page 4 of 4Page 18 of 223 MINUTES City Council Special Meeting 7:00 PM - Monday, July 22, 2024 Pasco City Hall, Council Chambers & GoToWebinar CALL TO ORDER The meeting was called to order at 7:00 PM by Pete Serrano, Mayor. ROLL CALL Councilmembers present: Pete Serrano, David Milne, Blanche Barajas, Melissa Blasdel, Charles Grimm, Peter Harpster, and Leo Perales Councilmembers attending remotely: None Councilmembers absent: None Staff present: Adam Lincoln, City Manager; Richa Sigdel, Deputy City Manager; Angela Pashon, Assistant City Manager; Darcy Buckley, Finance Director; Kevin Crowley, Fire Chief; Eric Ferguson, City Attorney; Jacob Gonzalez, Community & Economic Development Director; Jesse Rice, Parks & Recreation Director; Ken Roske, Police Chief; Maria Serra, Interim Public Works Director; and Debby Barham, City Clerk The meeting was opened with the Pledge of Allegiance. NEW BUSINESS Resolution No. 4471 - Change Order No. 37-52 for the Lewis Street Overpass Project Ms. Serra introduced Michael Uhlman, PE, HLA Project Manager who provided a brief report on the proposed Lewis Street Overpass project Change Order Nos. 37-52. Mayor Serrano commented on the additional costs of the project, as well as potential grants to help off-set those additional costs. Mr. Grimm noted that he has met with staff regarding the additional costs for the Page 1 of 2Page 19 of 223 overpass project. Mr. Perales asked for clarification regarding some of the costs and Mr. Uhlman responded with an answer. Mr. Perales also asked for a "lessons learned" report regarding this project. Mayor Serrano called for public comments three times and no one came forward to speak. MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Blasdel to approve Resolution No. 4471, authorizing the City Manager to execute Change Order Nos. 37-52 to the construction contract with Cascade Bridge, LLC for the Lewis Street Overpass Project. RESULT: Motion carried 5-2 AYES: Mayor Serrano, Mayor Pro Tem Milne, Councilmember Barajas, Councilmember Blasdel, and Councilmember Grimm NAYS: Councilmember Harpster and Councilmember Perales ADJOURNMENT There being no further business, the meeting was adjourned at 7:21 PM. PASSED and APPROVED on _______________________. APPROVED: ATTEST: Pete Serrano, Mayor Debra Barham, City Clerk Page 2 of 2Page 20 of 223 MINUTES City Council Workshop Meeting 7:05 PM - Monday, July 22, 2024 Pasco City Hall, Council Chambers & GoToWebinar CALL TO ORDER The meeting was called to order at 7:21 PM by Pete Serrano, Mayor. ROLL CALL Councilmembers present: Pete Serrano, David Milne, Blanche Barajas, Melissa Blasdel, Charles Grimm, Peter Harpster, and Leo Perales Councilmembers attending remotely: None Councilmembers absent: None Staff present: Adam Lincoln, City Manager; Richa Sigdel, Deputy City Manager; Angela Pashon, Assistant City Manager; Darcy Buckley, Finance Director; Kevin Crowley, Fire Chief; Eric Ferguson, City Attorney; Jacob Gonzalez, Community & Economic Development Director; Jesse Rice, Parks & Recreation Director; Ken Roske, Police Chief; Maria Serra, Interim Public Works Director; and Debby Barham, City Clerk VERBAL REPORTS FROM COUNCILMEMBERS Mayor Pro Tem Milne reported on the Tri-Cities National Park Committee and the Parks & Recreation Advisory Board meetings he recently attended. He also commented on a ribbon cutting event for Northwest Motor Group. Lastly, he attended the grand opening for Bezos Academy Pasco for preschoolers. Mr. Grimm commented on the recent swearing-in ceremony for new Pasco Police Officers. He reported on the Ben Franklin Transit Board, Franklin County Emergency Management Council and Benton Franklin Council of Government meetings he recently attended. Mayor Serrano met with Amazon management earlier in the day. He also reported on the Hanford Area Economic Investment Fund meeting he recently attended. Page 1 of 5Page 21 of 223 ITEMS FOR DISCUSSION WITH OPPORTUNITY FOR PUBLIC COMMENT 2024 Legislative Interim Action Plan Briahna Murry, State Lobbyist, Gordon Thomas Honeywell Governmental Affairs provided the proposed 2024 interim Legislative Action Plan. Mr. Perales provided amendments to the Legislative Goals related to a better definition of the homelessness issue; remove the union off the opposition list; address annexations with in the City limits often referred to as Franklin County donut holes; and the power grid issue. Ms. Murry noted that the current focus on the interim action plan items and the Support/Oppose issues can be addressed when Council prepares the 2025-2026 Legislative Goals. Mr. Grimm expressed a desire to discuss annexations with Council. He expressed concerned about the power grid. He confirmed that overall the 2023 interim Legislative Action Plan was good and he encouraged her to go and get it done. Targeted Urban Area Tax Exemption Program Stephen McFadden, Port of Pasco Director of Economic Development and Marketing provided an update on the Targeted Urban Area (TUA) Tax Exemption Program. Mr. Perales and Mr. Harpster asked for clarification regarding the TUA program. Mr. Grimm expressed appreciation to Mr. McFadden and staff for the presentation and expressed support for this tool. Mayor Serrano commented on the various legislative tools to help Pasco grow and expressed support for the TUA Tax Exemption Program. Mayor Serrano asked for public comments and no one came forward to speak. Presentation - Court Street & Road 96 Traffic Calming Measures Ms. Serra introduced Sean Messner, PE, Principal at CivTech, who provided an update on the Court St. & Road 96 speed evaluations. Mayor Pro Tem Milne asked for clarification and made suggestions of specific traffic calming items. He recommended reducing the speed limit to 25 MPH on a portion of Court Street. Mr. Perales asked if Council has the authority to adjust the streets speed limits. Page 2 of 5Page 22 of 223 Council and staff continued to discuss the speed limit reduction along Court Street west of Road 100. Mayor Serrano expressed concern about narrowing the road. Mayor Serrano asked for public comments. Dallas Green, Pasco resident, expressed support for traffic calming efforts and reduction of the speed limit to 25 MPH and speed cushions. Reed Simpson, Pasco resident, commented that pedestrians were not called out in the study. He expressed support for traffic calming and reduction of the speed limit. Pete Boraport, Pasco resident, expressed support for the traffic calming items along with breaking up the site lines in the roadway. Expressed opposition to certain styles of barriers. Pete Reed, Pasco resident, expressed support for the traffic calming items and make it a pedestrian friendly roadway. Capital Improvement Plan (CIP) for 2025-2028 Ms. Sigdel provided a brief presentation on the proposed 2025-2028 Capital Improvement Plan (CIP). Mr. Grimm and Mr. Harpster expressed appreciation to staff for the work being done within the City. Mayor Serrano also provided comments regarding the growth of the City and the need to complete these projects now for the future population. Resolutions - Approving two (2) Developer Reimbursement Agreements with Big Sky Developers Mr. Harpster recused himself from this discussion item and left the Council Chambers. Mr. Gonzales introduced Development Services Manager Brian Cartwright who provided a brief overview of the proposed Developer Reimbursement agreements. Mayor Serrano asked for public comments and no one came forward to speak. Mr. Harpster returned to the workshop after this item concluded. Continued Discussion of City Council Rules of Conduct Page 3 of 5Page 23 of 223 Mr. Lincoln and Ferguson presented the updates within the draft City Council Rules of Conduct. Council and staff briefly discussed the proposed City Council Rules of Conduct. Mayor Serrano asked for public comments and no one came forward to speak. Discussion of 2024-2025 City Council Goals and City Manager Workplan Mr. Lincoln provided a brief update to the 2024-2025 City Council Goals and City Manager Workplan. Mr. Perales requested that the homelessness & mental health issue; as well as animal control topics be added for a future Retreat. Mayor Serrano commented on legislation related to homelessness & mental health issue. Mayor Serrano asked for public comments and no one came forward to speak. MISCELLANEOUS COUNCIL DISCUSSION Ms. Serra announced the City of Pasco is hosting a workshop related to Stormwater Management; it is scheduled for Wednesday, July 24th at 10:30 AM. Mr. Harpster expressed appreciation for the new City of Pasco logo on the new water tower. Mr. Grimm announced Boat Race weekend and commented on the Pasco roadwork projects. Mr. Perales asked Council to to waive a $1,200.00 traffic control fee for an upcoming downtown event hosted by the Latin Business Association for a grand reopening. He also asked that the billboard topic come back to Council for discussion. Council weighed in on Mr. Perales requests related to waiving the traffic control fee and billboard topic. ADJOURNMENT There being no further business, the meeting was adjourned at 9:25 PM. PASSED and APPROVED on _______________________. APPROVED: ATTEST: Page 4 of 5Page 24 of 223 Pete Serrano, Mayor Debra Barham, City Clerk Page 5 of 5Page 25 of 223 AGENDA REPORT FOR: City Council August 1, 2024 TO: Adam Lincoln, City Manager City Council Regular Meeting: 8/5/24 FROM: Darcy Buckley, Finance Director Finance SUBJECT: Bills and Communications - Approving Claims in the Total Amount of $17,231,637.88 and Wriite-off Totaling $34,631.00 (delinquent bad debt) I. REFERENCE(S): Accounts Payable 06.27.24 - 07.31.24 Write-offs (direct and bad debt)//Collection 06.27.24 - 07.10.24 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve claims in the total amount of $17,231,637.88 ($10,984,215.74 in Check Nos. 265048 - 265851; $2,358,871.58 in Electronic Transfer Nos. 846936 - 846968, 846973, 846982 - 847029, 847031 - 847259, 846261 - 847288; $40,642.46 in Check Nos. 54755 - 54793; $3,845,807.08 in Electronic Transfer Nos. 30210073 - 30212202;$2,101.02 in Check Nos. 982 - 984). To approve bad debt write-off for accounts receivable including Utility Billing, Ambulance, Cemetery, General Accounts, and Miscellaneous Accounts in the total amount of $34,631.00 and, of that amount, authorize $34,631.00 to be turned over for collection. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: There are two categories of accounts receivable write-offs: 1. Direct write-offs are small in value or, in the case of Ambulance Fund, reflect a reduction of fees related to a discount required by DSHS and Medicare. These direct write-offs are not sent to collection. 2. Write-offs referred to collection and have been in arrears for a given number of days and exceed minimum values that move them out of the direct write-off category. Please see the summary page attached to this agenda item for details. Page 26 of 223 V. DISCUSSION: Page 27 of 223 REPORTING PERIOD: August 5, 2024 Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined Check Numbers 265048 - 265851 54755 - 54793 Total Check Amount $10,984,215.74 $40,642.46 Total Checks 11,024,858.20$ Electronic Transfer Numbers 846936 - 846968 30210073 - 30212202 982 - 984 846973 846982 - 847029 847031 - 847259 847261 - 847288 Total EFT Amount $2,358,871.58 $3,845,807.08 $2,101.02 $0.00 Total EFTs 6,206,779.68$ Grand Total 17,231,637.88$ Councilmember B 100 2,191,514.79 110 113,884.80 140 302,659.85 145 5,218.44 150 123,714.25 160 8,866.49 165 5,113.08 168 114,863.94 170 3,739.60 180 5,295.20 185 2,540.55 188 46,866.89 189 784.83 190 13,531.61 191 13,541.67 194 35,805.44 195 29,745.08 196 HOTEL/ MOTEL EXCISE TAX 43,109.60 367 998,914.72 410 7,010,248.65 510 125,492.93 511 10,870.69 515 324.30 520 262,973.28 630 5,082.25 690 5,756,934.95 GRAND TOTAL ALL FUNDS:17,231,637.88$ June 27 - July 31, 2024 C I T Y O F P A S C O Council Meeting of: 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 Adam Lincoln, City Manager Griselda Garcia, Finance Manager We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this 5th day of August, 2024 that the merchandise or services hereinafter specified have been received and are approved for payment: Councilmember A SUMMARY OF CLAIMS BY FUND: GENERAL FUND STREET C.D. BLOCK GRANT MARTIN LUTHER KING COMMUNITY CENTER AMBULANCE SERVICE TRAC DEVELOPMENT & OPERATING CEMETERY ATHLETIC PROGRAMS ANIMAL CONTROL SENIOR CENTER OPERATING MULTI-MODAL FACILITY RIVERSHORE TRAIL & MARINA MAIN SPECIAL ASSESSMENT LODGING LITTER ABATEMENT REVOLVING ABATEMENT ECONOMIC DEVELOPMENT STADIUM/ CONVENTION CENTER GENERAL CAP PROJECT CONSTRUCTION UTILITY, WATER/ SEWER EQUIPMENT RENTAL - OPERATING GOVERNMENTAL EQUIPMENT RENTAL - OPERATING BUSINESS EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL MEDICAL/ DENTAL/ VISION INSURANCE FLEX PAYROLL CLEARING Page 28 of 223 BAD DEBT WRITE-OFF/COLLECTION June 11, 2024 to July 10, 2024 1. UTILITY BILLING - These are all inactive accounts, 60 days or older. Direct write-offs 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 amounts are a result of a reduction in charges due to DSHS and Medicare customers and eligibility; the law requires that the City accept assignment in these cases. 3. 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. 4. 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. 5. 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. 6. 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 $ - - - Ambulance $ - - - Code Enforcement $ - 34,631.00 34,631.00 Cemetery $ - - - General $ - - - Miscellaneous $ - - - TOTAL: $ - 34,631.00 34,631.00 Page 29 of 223 AGENDA REPORT FOR: City Council August 1, 2024 TO: Adam Lincoln, City Manager City Council Regular Meeting: 8/5/24 FROM: Maria Serra, Public Works Director Public Works SUBJECT: Resolution No. 4472 - Supplemental Agreement with HLA for Project Management Professional Services on Lewis Street Overpass Project I. REFERENCE(S): Resolution Supplemental Agreement No.3 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: City the authorizing 4472, No. to approve move I Resolution for Services Professional the 3 Supplement execute to Manager No. Agreement with HLA engineering and Land Surveying, Inc. for the Lewis Street Overpass Project. III. FISCAL IMPACT: Supplemental Agreement No. 3: $305,000 IV. HISTORY AND FACTS BRIEF: On April 16, 2021, the City entered into Professional Services Agreement (PSA) No. 13007 with HLA Engineering and Land Surveying, Inc. ("HLA"), initially contracting for project management services at a cost of $100,000.00; and, due to evolving project needs and scope expansions, the City and HLA agreed to Supplemental Agreement No. 1 to PSA No. 13007 on June 28, 2022, increasing the funds by $150,000.00, and further to Supplemental Agreement No. 2 on December 29, 2023, adding an additional $45,000.00. The continued complexities and extended duration of the Lewis Street Overpass Project necessitate a further increase in project management third a of proposal negotiated to leading services, the Supplemental Agreement, increasing the agreement total by $305,000.00. With the proposed Page 30 of 223 increase, the Professional Services agreement would be not to exceed $600,000 for project management services in the Project through closeout of the project. Work performed by HLA's Project Engineer on behalf of City of Pasco include, but are not limited to: Day-to-day project management, Oversight of Construction management consultant and Engineer of record consultant, Recurring construction meeting attendance Change order negotiation and claim resolution Monitor budget and schedule, risk factors Preparation of reports, analysis and collection of project documentation for management use Preparation of Agenda packets for Council meetings Fundraising preparing applications and providing backup documentation to grant agencies for contracting of funds. (Resulting in $2M of awarded funds and $3.3M application submitted, pending results). Grant management, oversight of reimbursement requests and periodic reporting to grant agencies Representing the City in public meetings and addressing public concerns. Coordination of closures and traffic control modifications Coordination with BNSF and other stakeholders, including permitting Final project documentation review and preparation for audit Project closeout V. DISCUSSION: This item was presented at the July 8, 2024, City Council Workshop Meeting. Staff recommends approval of Supplemental Agreement No. 3 to the Professional Services Agreement No. 13007 with HLA Engineering and Land Surveying, Inc. Page 31 of 223 Resolution – HLA PSA Supplement No. 3 for Lewis Street Overpass Project No. 13007 - 1 RESOLUTION NO. ____ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE CITY MANAGER TO EXECUTE SUPPLEMENT NO. 3 FOR THE PROFESSIONAL SERVICES AGREEMENT WITH HLA ENGINEERING AND LAND SURVEYING, INC. FOR THE LEWIS STREET OVERPASS PROJECT. WHEREAS, the City of Pasco (City) requires continuous professional engineering and project management services to successfully oversee the Lewis Street Overpass Project; and WHEREAS, on April 16, 2021, the City entered into Professional Services Agreement (PSA) No. 13007 with HLA Engineering and Land Surveying, Inc. ("HLA"), initially contracting for project management services at a cost of $100,000.00; and WHEREAS, due to evolving project needs and scope expansions, the City and HLA agreed to Supplemental Agreement No. 1 to PSA No. 13007 on June 28, 2022, increasing the funds by $150,000.00, and further to Supplemental Agreement No. 2 on December 29, 2023, adding an additional $45,000.00 for a total of $295,000.00; and WHEREAS, Supplemental Agreements No. 1 and No. 2 were executed under the authority level of the City Manager as both were within the permissible funding limits for such approval; and WHEREAS, the continued complexities and extended duration of the Lewis Street Overpass Project necessitates a further increase in project management services, leading to the proposal of a third Supplemental Agreement, increasing the project funds by an additional $305,000.00 for a total maximum amount of $600,000.00, thereby exceeding the City Manager’s authorization level and requiring City Council approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City Council hereby approves Supplement No. 3 to the Professional Services Agreement No. 13007 with HLA Engineering and Land Surveying, Inc., as detailed in Exhibit A attached hereto, authorizing additional funding to continue essential project management services. Be It Further Resolved, that the City Manager is hereby authorized, empowered, and directed to execute Supplement No. 3 on behalf of the City of Pasco; and to make minor substantive changes to the Agreement as necessary to fulfill the objectives of the Lewis Street Overpass Project. Be It Further Resolved, that this Resolution shall take effect immediately. Page 32 of 223 Resolution – HLA PSA Supplement No. 3 for Lewis Street Overpass Project No. 13007 - 2 PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____, 2024. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 33 of 223 Supplemental Agreement Number Organization and Address Phone: Original Agreement Number Project Number Execution Date Completion Date Project Title New Maximum Amount Payable Description of Work The Local Agency of desires to supplement the agreement entered in to with and executed on and identified as Agreement No. All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: I Section 1, SCOPE OF WORK, is hereby changed to read: II Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: III Section V, PAYMENT, shall be amended as follows: as set forth in the attached Exhibit A, and by this reference made a part of this supplement. If you concur with this supplement and agree to the changes as stated above, please sign in the Appropriate spaces below and return to this office for final action. By: By: Consultant Signature Approving Authority Signature Date DOT Form 140-063 Revised 09/2005 Page 34 of 223 Negotiated Hourly Rate (NHR): Man Classification Hours Rate Cost ($) Senior Principal Engineer 0 x $263.00 =$0.00 Licensed Principal Land Surveyor 0 x $235.00 =$0.00 Licensed Principal Engineer 1100 x $235.00 $258,500.00 Licensed Professional Engineer 100 x $212.00 =$21,200.00 Licensed Professional Land Surveyor 0 x $191.00 =$0.00 Project Engineer II 100 $194.00 $19,400.00 Surveyor 0 x $141.00 =$0.00 CAD Technician 0 x $153.00 =$0.00 Contract Administrator III 20 x $159.00 =$3,180.00 Administrative/Clerical 0 x $95.00 =$0.00 Total NHR =$302,280.00 Reimbursables: Mileage 4352 x 0.63$ $2,720.00 Reproduction Expenses $0.00 $2,720.00 Grand Total $305,000.00 Prepared by: Michael Uhlman, PE Date: 04/17/2024 Independent Estimate for Consultant Services EXHIBIT A Lewis Street Overpass Project Name: CN Engineering Page 35 of 223 SCOPE OF WORK FOR HLA ENGINEERING AND LAND SURVEYING, INC. (HLA) Project Description: Project Management Services The City of Pasco (City) requests HLA assistance with management of various City projects on a part-time basis. Scope of Services: HLA will provide general project management services, operating as an extension of staff. This work includes leading and tracking assigned City projects; monitoring budgets and schedules; performing review of engineering plans, specifications, and opinions of costs; coordinating with project design teams, including outside consultants; and reporting to GIP Manager and staff. Assumptions: 1.HLA will provide approximately twenty (20) hours per week of project management services on an as-requested basis. 2.Service will be provided primarily from HLA offices, and secondarily from Pasco City Hall. 3.HLA personnel will reside at Pasco City Hall up to two (2) days per week. 4.Of the twenty (20) hours, HLA will spend up to three (3) hours per trip traveling to and from Pasco City Hall. 5.Deliverables and work efforts will be in collaboration with City staff. 6.City will provide office space, internet connection, and access to City server as required. 7.HLA will provide a laptop, vehicle, and cell phone. Time of Performance: Project management services will be provided through December 31, 2026, following approval, and that project management services will be conducted for various projects, as directed by the City. EXHIBIT B Page 36 of 223 AGENDA REPORT FOR: City Council July 30, 2024 TO: Adam Lincoln, City Manager City Council Regular Meeting: 8/5/24 FROM: Adam Lincoln, City Manager City Manager SUBJECT: Resolution No. 4473, Declaring the City's 2024 Legislative Interim Action Plan as Potential Legislature Priorities for the 2025 Session of the Washington State Legislature (5 minutes) I. REFERENCE(S): Resolution Exhibit A - Interim Action Plan II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. 4473, declaring the City's 2024 Legislative Interim Action Plan as potential legislative priorities for the 2025 Session of the Washington State Legislature. III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: A Council retreat with the City’s state lobbyist was held on Friday, May 17th. In that presentation, the state lobbyists shared information to prepare the City for the 2025 legislative session, noting that there are several factors that uniquely make preparing for the 2025 session fluid (e.g. outcome of November elections for legislative offices, voter approval/rejection of initiatives, supreme court cases, revenue collections). Given this fluid environment, the City’s lobbyist has requested that the Council approve an Interim Action Plan, which identifies potential items that could appear on the City’s 2025 Legislative Agenda. The City’s lobbyist will use this plan to work with legislators throughout campaign season to ensure they are briefed on city priorities and will use feedback to help shape the future legislative agenda for the 2025 session. Page 37 of 223 The City’s 2025 Legislative Agenda will be developed in the Fall and will be refined, enhanced, reduced, expanded, etc. based on the evolving political climate, research of identified items, feedback from key legislators and stakeholders. Briahna Murray, State Lobbyist, attended the July 22nd council meeting and reviewed the draft 2024 Legislative Interim Action Plan with councilmembers. V. DISCUSSION: Staff seeks approval from the City Council on the 2024 Legislative Interim Action Plan. Page 38 of 223 Resolution – 2024 Legislative Interim Action Plan - 1 RESOLUTION NO. _________ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, DECLARING THE CITY’S 2024 LEGISLATIVE INTERIM ACTION PLAN AS POTENTIAL LEGISLATIVE PRIORITIES FOR THE 2025 SESSION OF THE WASHINGTON STATE LEGISLATURE. WHEREAS, the 2025 Legislative Session of the Washington State Legislature commences on January 13, 2025; and WHEREAS, the City of Pasco (City), as a municipal corporation and political subdivision of the State of Washington can be substantially affected by the actions of the Washington State Legislature; and WHEREAS, the City Council has evaluated conditions impacting the City of Pasco and opportunities to improve the services the City provides to its citizenry; and WHEREAS, the City Council desires to identify the potential legislative priorities that could appear on the City’s 2025 Legislative Agenda prior to the commencement of the next legislative session; and WHEREAS, the City Council has requested City staff and the City’s Lobbyists to conduct early research and otherwise perform due diligence on items included on the Legislative Interim Action Plan; and WHEREAS, the City’s 2025 Legislative Agenda will be developed in the Fall based on the evolving political climate, research of identified items, and feedback from key legislators and stakeholders. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the Legislative Interim Action Plan stated herein constitute potential priorities of the City of Pasco for the 2025 Legislative Session. Potential Top Priority Items: Potential Capital Funding Requests: The City Council directs City staff and contracted government relations consultants to explore the political viability of advancing the following capital funding requests during the 2025 Legislative Session: - Festival Street Improvements (14th LD) - $1.75 million - Shoreline Park Land Acquisition (8th LD) - $2 million - Land Acquisition for Process Water Reuse Facility (16th LD) Page 39 of 223 Resolution – 2024 Legislative Interim Action Plan - 2 Potential Transportation Funding Requests: The City Council directs City staff and contracted government relations consultants to explore the political viability of advancing the following transportation funding requests during the 2025 Legislative Session: - Route 76 Overpass (8th LD) - $2.5 million for design and permitting; total estimated construction cost $30 million. - US 12/A Street Traffic Safety Analysis (14th LD) – Estimated $3 million - Foster Wells Interchange (16th LD) – Support Franklin County - Broadmoor I-182 Bike/Pedestrian Path (8th LD) - $8 million total - Lewis Street Underpass Demolition (14th LD) – $2.5 million Support for Grant Programs: The City has applied to several grant programs that the 2025 Legislature will allocate funding toward; the City Council directs City staff and contracted government relations consultants to advance grant applications and identify what grant programs the City should specifically include on the 2025 Legislative Agenda. Potential Policy Requests Homelessness and Behavioral Health: Pasco supports legislative efforts to address increasing homelessness and behavioral health challenges. The City would like to: - Explore concepts to fund Naloxone (Narcan) for the Pasco Fire and Police Departments - Explore ways in which the Legislature can invest in supporting and expanding the City’s resource navigator program. Crime Reduction and Prevention: Pasco supports legislative efforts and policy changes to reduce and prevent crime in the community. The City would like to explore proposals for consideration on the 2025 Legislative Agenda. Water Resources: Pasco is a growing community with a finite water supply. The City supports legislative efforts to allow the City to increase water rights to meet the needs of the growing community. Additionally, Pasco recognizes that water conservation must be part of the solution in making the most with available water rights. The City would like to explore requesting: - Conversion to irrigation clock controllers - $800,000 (City wide) Connecting Housing to Infrastructure Program (CHIP) Adjustments: The Legislature recently created and funded the Connecting Housing to Infrastructure Program to help affordable housing projects fund necessary infrastructure, such as utility connections. The program is currently only available in incorporated areas. The City would explore whether it would be possible to amend the program to allow affordable housing projects located within unincorporated donut holes to be eligible for CHIP program funding. Be It Further Resolved, that the City Manager is hereby directed to inform state legislators and other appropriate parties of the City’s Legislative Interim Action Plan attached hereto as Exhibit A. Be It Further Resolved, that this Resolution shall take effect immediately. Page 40 of 223 Resolution – 2024 Legislative Interim Action Plan - 3 PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____, 2024. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 41 of 223 City of Pasco Interim Action Plan The following are items that the Pasco City Council is directing city staff and contracted government relations consultants to explore as potential 2025 legislative agenda items. Inclusion on this document does not guarantee that an item will be included on the 2025 legislative agenda; nor does omission from this document preclude an item from being included on the 2025 legislative agenda. Potential Top Priority Items: Potential Capital Funding Requests: The City Council directs city staff and contracted government relations consultants to explore the political viability of advancing the following capital funding requests during the 2025 Legislative Session: -Festival Street Improvements (14th LD) - $1.75 million -Shoreline Park Land Acquisition (8th LD) - $2 million -Land Acquisition for Process Water Reuse Facility (16th LD) Potential Transportation Funding Requests: The City Council directs city staff and contracted government relations consultants to explore the political viability of advancing the following transportation funding requests during the 2025 Legislative Session: -Route 76 Overpass (8th LD) - $2.5 million for design and permitting; total estimated construction cost $30 million. -US 12/A Street Traffic Safety Analysis (14th LD) – Estimated $3 million -Foster Wells Interchange (16th LD) – Support Franklin County -Broadmoor I-182 Bike/Pedestrian Path (8th LD) - $8 million total -Lewis Street Underpass Demolition (14th LD) – $2.5 million Support for Grant Programs: The City has applied to several grant programs that the 2025 Legislature will allocate funding toward; the City Council directs city staff and contracted government relations consultants to advance grant applications and identify what grant programs the City should specifically include on the 2025 Legislative Agenda. Potential Policy Requests Homelessness and Behavioral Health: Pasco supports legislative efforts to address increasing homelessness and behavioral health challenges. Primarily, the City would like to explore ways in which the Legislature can invest in supporting and expanding resources to communities to address homelessness and behavioral health challenges. Additionally, the City would like to: -Explore concepts to fund Naloxone (Narcan) for the Pasco Fire and Police Departments -Explore ways in which the Legislature can invest in supporting and expanding the city’s resource navigator program Page 42 of 223 Crime Reduction and Prevention: Pasco supports legislative efforts and policy changes to reduce and prevent crime in the community. The City would like to explore proposals for consideration on the 2025 Legislative Agenda. Water R esources: Pasco is a growing community with a finite water supply. The City supports legislative efforts to allow the city to increase water rights to meet the needs of the growing community. Additionally, Pasco recognizes that water conservation must be part of the solution in making the most with available water rights. The City would like to explore requesting: -Conversion to irrigation clock controllers - $800,000 (city wide) Connecting Housing to Infrastructure Program (CHIP) Adjustments: The Legislature recently created and funded the Connecting Housing to Infrastructure Program to help affordable housing projects fund necessary infrastructure, such as utility connections. The program is currently only available in incorporated areas. The City would explore whether it would be possible to amend the program to allow affordable housing projects located within unincorporated donut holes to be eligible for CHIP program funding. Page 43 of 223 AGENDA REPORT FOR: City Council July 30, 2024 TO: Adam Lincoln, City Manager City Council Regular Meeting: 8/5/24 FROM: Debra Barham, City Clerk City Manager SUBJECT: Reappointment to the Pasco Public Facilities District Board of Mark Morrissette I. REFERENCE(S): Candidate Application Packet - Council Only II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to confirm the Mayor's reappointment of Mark Morrissette to Position No. 2 on the Pasco Public Facilities District Board with the term expiring on July 14, 2028. III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: The Pasco Public Facilities District (PPFD) Board is composed of five (5) members with staggering position terms, which are for four (4) years each. The Board oversees operation of the Pasco Public Facilities District. In this capacity, the PPFD is authorized by charter to acquire, construct, operate and maintain any qualified public facility. Most recently, the PPFD has been working on the purchase of property and preliminary design of an Aquatics facility located in Pasco, Washington. This groundwork started after Proposition No. 1 on the Franklin County Special Election Ballot, on April 26, 2022, "imposing 2/10 of 1% sales and use tax for the purpose of providing funds for the costs associated with the design, construction, and operation of an indoor/outdoor aquatic center including a competition pool," to the voters of the District and it passed by a majority vote Page 44 of 223 of those voting within the District. In addition, the PPFD oversees payment of Pasco's share of a special state sales tax grant intended for "regional centers," in partnership with the Kennewick Public Facilities District for the Three Rivers Convention Center. Per RCW 35.57.010(3)(a)(ii), three of the five PPFD Board members must be appointed by the legislative body based on recommendations by a "local organization(s)". Position Nos. 2, 3 and 5 require the applicant(s) a recommendation from a local organization, while Position Nos. 1 and 4 are solely approved by Council. Mayor Serrano and Councilmembers Barajas and Perales met and reviewed Mr. Morrissette's application packet, which included several recommendations including one from the Pasco Chamber of Commerce. Mr. Morrissette has served on the PPFD Board since July 2002 (for six (6) terms.) and has the knowledge and desire to serve through the completion of the Pasco Aquatics Facility. V. DISCUSSION: Mayor Serrano is seeking Council concurrence for the reappointment of Mr. Morrissette to Position No. 2 on the PPFD Board, for a four-year term ending on July 14, 2028. Page 45 of 223 AGENDA REPORT FOR: City Council August 1, 2024 TO: Adam Lincoln, City Manager City Council Regular Meeting: 8/5/24 FROM: Debra Barham, City Clerk City Manager SUBJECT: Appointment to the Housing Authority of the City of Pasco & Franklin County Board of Commissioners of Paul Cook I. REFERENCE(S): Resolution No. 4262 Candidate Application - Council only II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to appoint Paul Cook to the Housing Authority Board of Commissioners under Position No. 4 effective August 5, 2024, through January 28, 2025. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: The Housing Authority of the City of Pasco & Franklin County (Housing Authority) is a separate municipal corporation governed by its appointed board of commissioners. The Housing Authority’s basic mission is to provide safe and habitable housing for households with incomes below 80% of the regional medium household income. In the case of the Pasco Housing Authority, it owns and operates about 300 housing units in Pasco and offers other housing opportunities as other federal programs are made available and deemed appropriate by the Board. A Joint Housing Authority for the City of Pasco and Franklin County was formed in 1981 by joint resolution. The Housing Authority Board is comprised of five Commissioners who are appointed for a term of office of five years. The Commissioners for Position Nos. 1 and 3 are selected by the Franklin County Commissioners. Likewise, the Commissioners for Position Nos. 2, 4 and 5 are Page 46 of 223 selected by the City of Pasco, and must reside within the City. The Boards & Commissions Council Subcommittee consisting of Mayor Serrano and Councilmembers Barajas and Perales met and reviewed the applications and Mayor Serrano conducted a interview with Mr. Cook. V. DISCUSSION: Mayor Serrano is requesting that the City Council confirm the appointment of Paul Cook to Position No. 4 of the Housing Authority Board of the City of Pasco & Franklin County. Page 47 of 223 RESOLUTION NO.4262 A RESOLUTION OF THE CITY OF PASCO, WASHINGTON AMENDING THE PROCESS FOR APPOINTMENTS TO CITY BOARDS AND COMMISSIONS. WHEREAS, the City of Pasco maintains several citizen boards and commissions to assist the delivery of municipal services,as well as to advise the City Council in making policy decisions; and WHEREAS, the appointment process prescribed throughout the Pasco Municipal Code requires the Mayor to appoint qualified individuals to vacancies on such boards or commissions, subject to confirmation of the City Council; and WHEREAS, the last amendment to the City's Boards and Commissions appointment process was passed by Council on April 16, 2012, through Resolution No. 3388; and WHEREAS, the solicitation process and management of the City's Boards and Commissions members was transferred from the City Manager's Office to the City Clerk's Office in January 2020; and WHEREAS, during the onset of the COVID-19 pandemic in early 2020, the process for reviewing application packets and interviewing candidates was modified to accommodate meeting restrictions, which also allowed far the use of new technology providing for the conduct of interviews virtually; and WHEREAS, the Mayor and City Council desire to continue reviewing City Boards and Commissions application packets and interviewing candidates through a Council subcommittee consisting of two Councilmembers and the Mayor, which has been effective and efficient for both the City Council and applicants alike. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO,WASHINGTON: Section 1: Applications for vacancies on City Boards and Commissions shall be solicited by the City Clerk's Office on behalf of the City Council prior to when a position's term expires or when a vacancy occurs due to a resignation or removal of a member. Section 2: Application packets, of those candidates meeting the qualifications for the Board or Commission position(s), shall be reviewed by a Council subcommittee appointed by the Mayor,which shall include the Mayor and two Councilmembers. The Council subcommittee shall be ad-hoc and appointed when applications are received for a current vacancy or vacancies or for upcoming position term expirations. The Council subcommittee shall select those candidates it deems best suited for the respective Board/Commission but not more than three candidates for Resolution—BC Interview&Appointment Process- 1 Page 48 of 223 each vacancy to be filled. The Council subcommittee shall consider the following factors, including,but not limited to : a) Geographic representation b) Gender representation c) Ethnic representation d) Familial and financial relationships of board members e) Qualifications and expertise related to the subject matter of the respective Board or Commission Section 3: The Council subcommittee shall conduct the interviews of the selected candidates and may recommend reappointment of an incumbent applicant without interview if the incumbent has served not more than two consecutive terms since the last interview. At a City Council meeting following such interviews, an interviewed candidate shall be selected by the Mayor for appointment/reappointment to each vacant position. Any candidate selected by the Mayor shall be subject to confirmation vote by the City Council; a majority vote of the quorum present at such meeting shall be required to confirm the Mayor's appointments. Section 4: Any prior resolutions of the City Council in conflict with the provisions in this resolution shall be superseded by this resolution. Section 5: This Resolution shall take effect immediately. PASSED by the City Council of the City of Pasco, Washington this 24 day of October, 2022. Blan s Mayor ATTEST: APPROVED AS TO FORM: Debra Barham, CMC err Fer I aw, PLLC City Clerk City torneys Resolution—BC Interview&Appointment Process-2 Page 49 of 223 AGENDA REPORT FOR: City Council July 24, 2024 TO: Adam Lincoln, City Manager City Council Regular Meeting: 8/5/24 FROM: Jacob Gonzalez, Director Community & Economic Development SUBJECT: Public Hearing & Ordinance No. 4721 - ROW Vacation for MACA LLC Alleys Vacation (VAC 2024-001) (3 minutes) I. REFERENCE(S): Ordinance Vicinity Map II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: HOLD A PUBLIC HEARING MOTION:I move to adopt Ordinance No. 4721, vacating a 20-foot Alley in Block 105 Pasco Land Company First Addition to Pasco, Washington, and, further, authorize publication by summary only. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: In March of 2024, the City received a petition to vacate a 20-foot Alley in Block 105 Pasco Land Company First Addition to Pasco, Washington. The vacation area is northwest of the intersection of E Bonneville Street and N Main Ave, which is just north of E Lewis Street. Staff processed the petition in accordance with requirements of Pasco Municipal Code 12.40.030. On March 4, 2024, City Council passed Resolution No. 4470, setting 7:00 p.m., Monday, August 5, 2024, as the date for a public hearing to consider this vacation request. Page 50 of 223 V. DISCUSSION: Chapter 12.40 of the Pasco Municipal Code (PMC) establishes the procedure and criteria for consideration and determination of vacation of streets, alleys, and access easements related to street, pedestrian, or travel purposes for public use. The applicants are requesting a vacation of a 20-foot Alley in Block 105 Pasco Land Company First Addition to Pasco, Washington, as shown in Exhibit A. In evaluating the proposed alley right-of-way vacation according to the PMC Section 12.40.070(1)-(4). Staff have determined the following: (1) The vacation shall not adversely affect traffic accessibility and circulation within the immediate area or within the City as a whole; (2) The right-of-way is not contemplated or needed for future public use; (3) No abutting property will become landlocked, or its access substantially impaired; and (4) The public needs shall not be adversely affected and the vacation will provide a public benefit or serve a public purpose. Staff has evaluated this proposition, and recommends that it is in the best interest of the City to move forward with the proposed vacation. Page 51 of 223 Ordinance: MACA LLC Alley Vacation (VAC 2024-001) - 1 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, VACATING A 20-FOOT ALLEY IN BLOCK 105, PASCO LAND COMPANY FIRST ADDITION TO PASCO, WASHINGTON. WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City, the City Council may vacate rights-of-way (ROW); and WHEREAS, a petition for vacating a 20-foot alley in Block 105, Pasco Land Company First Addition according to the Plat thereof recorded in Volume B of Plats, Page 39 Records of Franklin County, Washington, has been submitted to the City by owners of more than two-thirds of the properties abutting the portion of the right-of-way to be vacated per Pasco Municipal Code (PMC); and WHEREAS, on July 1, 2024, pursuant to the PMC Section 12.40.040, the City passed Resolution No. 4470, setting a public hearing for the proposed vacation; and WHEREAS, pursuant to PMC Section 12.40.050, appropriate notice was given of the City’s intent to vacate the public right-of-way; and WHEREAS, the City held a public hearing on the proposed vacation on August 5, 2024; and WHEREAS, the vacation process provided in PMC Chapter 12.40 requires a title report, and an appraisal of value and compensation unless waived by the City Council; and Page 52 of 223 Ordinance: MACA LLC Alley Vacation (VAC 2024-001) - 2 WHEREAS, pursuant to PMC Section 12.40.120(2) the City may waive the requirement for a title report, an appraisal of value and compensation if one or more of the following are applicable: the vacation is initiated by Council Resolution; the vacation is at the request of the City; the Council had previously determined that the right-of-way is not essential to public traffic circulation and is available for vacation; the grant of a substitute right-of-way has value as a right- of-way at least equal to the right-of-way to be vacated; or the resulting benefit to the community of the project requiring the vacation outweighs the appraised value of the right-of-way to be vacated; and WHEREAS, the proposed vacation does not meet any of the above listed criteria for waiver of the requirements for a title report, an appraisal of value, and compensation pursuant to PMC Section 12.40.120(2); and WHEREAS, the City Council may approve a right-of-way vacation upon making findings pursuant to PMC Section 12.40.070(1)-(4), that the vacation of the right-of-way will not adversely affect traffic accessibility and circulation within the immediate area or with the City as a whole; is not contemplated or needed for future use; no abutting property will become landlocked or have access substantially impaired; and the public needs shall not be adversely affected and the vacation will provide a public benefit or serve a public purpose; and WHEREAS, the City Council finds that the required criteria of the PMC Section 12.40.070(1)-(4) have been met; and WHEREAS, all steps and procedures required by law to vacate said right-of-way have been duly taken and performed. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That a portion of right-of-way, as described below and as depicted in Exhibit A, attached hereto, be and the same is hereby vacated: Alley to be Vacated: A 20.00-foot alley in Block 105 Pasco Land Company First Addition according to the Plat thereof recorded in Volume B of Plats, Page 39 Records of Franklin County, Washington and being in the Southwest quarter of the Northeast quarter of section 29, Township 9 North, Range 30 East, W.M. and described as follows: Beginning at the Northwest corner of Lot 13 of said Block 105; thence North 19°50'53" West for 20.00 feet to the Southwest corner of Lot 20 of said Block 105; thence along the Southerly line of Lots 17-20 North 70°09'07" East for 100.00 feet to the Southeasterly corner of Lot 17 of said Block 105; thence along the Easterly line of said Lot 17 North 19°50'53" West for 140.00 feet to the Northeasterly corner Page 53 of 223 Ordinance: MACA LLC Alley Vacation (VAC 2024-001) - 3 of said Lot 17; thence North 70°09'07" East for 20.00 feet to the Northwesterly corner of Lot 21 of said Block 105; thence along the Westerly line of Lots 21-32 South 19°50'53" East for 300.00 feet to the Southwesterly corner of Lot 32 of said Block 105; thence South 70°09'07" West for 20.00 feet to the Southeasterly corner of Lot 16 of said Block 105; thence along the Easterly line of said Lot 16 North 19°50'53" West for 140.00 feet to the Northeasterly corner of said Lot 16; thence along the Northerly line of lots 13-16 of said Block 105 South 70°09'07" West for 100.00 feet to the Point of Beginning. Containing 8,000 square feet. Section 2. That pursuant to PMC Chapter 12.40, the City Council does not waive the requirements for an appraisal, title report, survey, and compensation for the vacated right-of-way. Section 3. That a certified copy of this Ordinance be recorded by the City Clerk of the City of Pasco in and with the office of the Auditor of Franklin County, Washington. Section 4. Severability. If any section, subsection, sentence, clause, phrase, or word of this Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, phrase, or word of this Ordinance. Section 5. Corrections. Upon approval by the city attorney, the city clerk or the code reviser are authorized to make necessary corrections to this Ordinance, including scrivener’s errors or clerical mistakes; reference to other local, state, or federal laws, rules, or regulation s; or numbering or referencing of ordinances or their sections and subsections. Section 6. Effective Date. 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 _________, 2024. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Published: _____________________________ Page 54 of 223 }IMg & 4 2 ht #b &c¡ Nu y m n =N oO 5 ! ¢ A £ ¤ yFIT & 4: jt # > +*./ ,20 2 12 {FKT § (/ ¨ gt)2 &B { p 2) "2 ª« qv yFIU "A" !# 2 2 2 2#$2% 2 2 ' 2 (# &2 ~JPi &"4#3# jt . '. z p 2-2 © |FLRk " & 6"2 gw c &c y 0 {FKV #+" 8 6 gt b b& ] ¥EHM Q"#& 7#2" ¬gt $b *d gM Y^pZ X_IS ytHt : .& 2 2 ¦ yFJPj '#4 C? lx %, y eWrP`Jf G\ar[s DD1. 9 D 9@- ;< ; Pa g e 5 5 o f 2 2 3 TELEPHONE 509-582-6716 Alleys to be vacated WORLEY SURVEYING SERVICES, INC. P.S. P.O. BOX 6132 KENNEWICK, WASHINGTON 99336 FAX 509-582-6303 A 20.00 foot alley in Block 105 Pasco Land Company First Addition according to the Plat thereof recorded in Volume B of Plats, Page 39 Records of Franklin County, Washington and being in the Southwest quarter of the Northeast quarter of section 29, Township 9 North,, Range 30 East, W.M. and described as follows: Beginning at the Northwest comer of Lot 13 of said Block 105; thence North 19°50'53" West for 20.00 feet to the Southwest comer of Lot 20 of said Block 105; thence along the Southerly line of Lots 17-20 North 70°09'07" East for 100.00 feet to the Southeasterly comer of Lot 17 of said Block 105; thence along the Easterly line of said Lot 17 North 19°50' 53" West for 140.00 feet to the Northeasterly comer of said Lot 17; thence North 70°09'07" East for 20.00 feet to the Northwesterly comer of Lot 21 of said Block 105; thence along the Westerly line of Lots 21-32 South 19°50'53" East for 300.00 feet to the Southwesterly corner of Lot 32 of said Block 105; thence South 70°09'07" West for 20.00 feet to the Southeasterly comer of Lot 16 of said Block 105; thence along the Easterly line of said Lot 16 North 19°50'53" West for 140.00 feet to the Northeasterly corner of said Lot 16; thence along the Northerly line oflot 13-16 of said Block 105 South 70°09'07" West for 100.00 feet to the Point of Beginning. Containing 8000 square feet Page 56 of 223 AGENDA REPORT FOR: City Council July 24, 2024 TO: Adam Lincoln, City Manager City Council Regular Meeting: 8/5/24 FROM: Jacob Gonzalez, Director Community & Economic Development SUBJECT: Public Meeting & Resolution No. 4476 - Accepting a Notice of Intent for Valdivia Annexation (ANX 2024-001) (3 minutes) I. REFERENCE(S): Proposed Resolution Overview Map Vicinity Map Notice of Intent to Commence Annexation City Proposed Annexation Area Map II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: CONDUCT A PUBLIC MEETING MOTION: I move to approve Resolution No. 4476, accepting a notice of intent to commence annexation proceedings for the Valdivia annexation, providing a determination on the boundary to be annexed, and whether simultaneous zoning and the assumption of bonded indebtedness will be required. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: The owners of property located northwest of the intersection of West Argent Road Commence to Intent of Notice and submitted have 44 Road a Annexation. The Notice of Intent has been reviewed by staff and has been determined to contain sufficient signatures to initiate the annexation process. Notices of Intent are required to contain the signatures of property owners Page 57 of 223 representing at least 10 percent of the assessed value of an area proposed for annexation. In this case, the Notice of Intent contains the signatures of owners representing 100% of the assessed value within the proposed annexation area. The County Assessor has submitted a certification of sufficiency for the proposed annexation. Staff have also coordinated with the Franklin County Building and Planning, and Public Works Departments, no concerns have been expressed. On July 1, 2024, Council approved Resolution No. 4468, setting August 5, 2024, as the date to hold a public meeting to consider the Notice of Intent and three items listed below. V. DISCUSSION: The petition method of annexation is a two-step process requiring the submittal of a Notice of Intent to Commence Annexation proceedings followed at a later date by consideration of an actual annexation petition. Upon receipt of a Notice of Intent to Commence Annexation - Council is required by law to set a date to hold a public meeting to consider: 1. Whether the City will accept, reject, or geographically modify the proposed annexation; 2. Whether it will require the simultaneous adoption of a proposed zoning regulation; and 3. Whether it will require the assumption of all or any portion of existing City indebtedness by the area to be annexed. Following Council review of the proposed annexation and passage of a resolution, generally accepting the boundary, staff will present the proposed annexation zoning to the Hearing Examiner for a recommendation on the zoning and prepare the annexation petition. Following Council review of the proposed annexation and passage of a resolution 60% the prepare will the boundary, accepting generally staff annexation petition. A date will then be set for a public hearing for Council to formally consider and decide upon the annexation request. For ease of maintenance, Staff recommends City Council include the full right- of-way of West Argent Road from the current City Limits line located at the east right-of-way line of Road 40 and extending to the City Limits line to the west of the Argent Road/Road 44 intersection; and the full Road 44 right-of-way from Page 58 of 223 the current City Limits Line which is aligned with the south right-of-way of West Argent Place, southward to the south right-of-way line of West Argent Road. Page 59 of 223 Resolution – Valdivia Accept & Proceed (ANX 2024-001) - 1 RESOLUTION NO. _________ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, ACCEPTING A NOTICE OF INTENT TO COMMENCE ANNEXATION PROCEEDINGS FOR THE VALDIVIA ANNEXATION, PROVIDING A DETERMINATION ON THE BOUNDARY TO BE ANNEXED, AND WHETHER SIMULTANEOUS ZONING AND THE ASSUMPTION OF BONDED INDEBTEDNESS WILL BE REQUIRED. WHEREAS, the owners of property described in Exhibit A as attached to this Resolution have filed a Notice of Intent to Commence Annexation Proceedings to the City of Pasco; and WHEREAS, on July 1, 2024, the City Council set an August 5, 2024, public meeting date with the initiators to consider (1) whether the City will accept, reject, or geographically modify the proposed annexation; (2) whether it will require the simultaneous adoption of a proposed zoning regulation; and (3) whether it will require the assumption of all or any portion of existing City indebtedness by the area to be annexed; and WHEREAS, the City Council has reviewed the Notice of Intent, conducted a public meeting with the initiators, and has determined it is in the best interests of the City to accept the proposal as depicted in Exhibit B, attached hereto; and WHEREAS, the City has determined that the proposed annexation site is within the Pasco Urban Growth Area, annexation of the proposed site would be a natural extension of the City and said annexation would be in the best interest of the Pasco community. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City will accept the proposed territory to be annexed as described in Exhibit A and depicted in Exhibit B attached hereto. Be It Further Resolved, that the territory to be annexed will not require simultaneous adoption of zoning regulations. Zoning will be determined through a public hearing process with input from affected property owners. Be It Further Resolved, that the annexation area will be required to assume a proportionate share of existing City bonded indebtedness. Be It Further Resolved, that this Resolution shall take effect immediately. Page 60 of 223 Resolution – Valdivia Accept & Proceed (ANX 2024-001) - 2 PASSED by the City Council of the City of Pasco, Washington, on this 5th day of August 2024. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 61 of 223 U CC4S0O9DCU$460<U +70OUEDJO:DCUD5UO74U 'DJO8U80=5UD5UO84U'DJO740NOU GP0JO4JUD5UO74U'DKO740NOUHP0KO4JUD5UO84U 'DJO7R4NOUIP0LO4JUD5U *42O9DCUU,DRCN79EUU'DJO8U )0C64UU 0NOU . & U !J0C;=:CU DPCOTU.0N79C6ODCU <T9C6U CDKO74L>TUD5U #CO4JNO0O4U":67R0TU U BDJ4UFJ429N4=TU345:C43U 0NU=T9C6UCDKO74L<TUD5U0U=:C4U34N2J9143U0NU 469CC9C6U0OU0U ED9COUDEEDN9O4U "967R0TU C69C44LNU *O0O9DCU 84K49C05O4JU J454JL43U ODU0NU" *U UUDCUO84U U%:C4U*PJQ4TUD5U*)UU)D03UU#CO4J280C64U-929C9OTU ODU*)UU#CO4J280C64U-:2:C9OTU0C3UU544OU'DLO740NO4J=TUO74L45JDBU ,74C24U*DPO740NO4J?TUE0J0?A4?UR9O7U N093U@9C4UNPJQ4TUODU0UFD9COU DEFDN9O4U" *U U UO74J4DCU +74C24U 'DMO840NO4J=TU ODU 0UED9COUDEFDN:O4U " *U U UDCUN093U U $9C4U *PKQ4TU0C3U U544OU'DJO840NO4K=TUO84K45LDBU +84C24U 0NO4J=TUODU0UFD9COUDEEDN9O4U " *U U UDCUN093U U %:C4U*PKQ4TU0C3U U544OU'DJO740NO4J=TUO74J45JDBU0C3UO84U4C3UD5UO79NU>9C4U34N2J:FO9DCU / (+UO74U 0NOUU544OUO84K4D5U ' U / (+UO74U'DJO8UU544OUO84J4D5U ' U / (+U0CTUEDLO9DCNU >T9C6UR:O7:CU.U J64COU)D03U J967O D5 R0TU0C3U =T9C6UR9O79CU )D03U U EXHIBIT "A" Page 62 of 223 Exhibit "B" Pa g e 6 3 o f 2 2 3 Pa g e 6 4 o f 2 2 3 Pa g e 6 5 o f 2 2 3 NOTICE OF INTENTION TO COMMENCE ANNEXATION PROCEDURES TO: The City Council of the City of Pasco 525 North Third Avenue Pasco, Washington 99301 Council Members: The undersigned, who are the owners of not less than ten percent in value, according to the assessed valuation for general taxation of the property for which annexation is sought, hereby advise the City Council of the City of Pasco that it is the desire of the undersigned owners of the following area to commence annexation proceedings. The property herein referred to is described on Exhibit "1" attached hereto and is depicted on Exhibit "2" further attached hereto. It is requested that the City Council of the City of Pasco set a date not later than sixty days after the filing of this request for a meeting with the undersigned to determine: (1)Whether the City Council will accept the proposed annexation; and, (2)Whether the City Council will require the assumption of existing City indebtedness by the area to be annexed; and, (3)Whether the City Council will require simultaneous zoning. This page is one of a group of pages containing identical text material and is intended by the signers of this Notice of Intention to be presented and considered as one Notice of Intention and may be filed with other pages containing additional signatures which cumulatively may be considered as a single Notice of Intention. Page 66 of 223 1.Please print your name in addition to signing. ADDRESS DATE J t\-1--\0 ?A i\\t \;,OD 9 � IP l4' VVrsC-O WP< \ �v,� D, Page 67 of 223 EXHIBIT "1" Annexation Legal That portion of the North half of the Northeast quarter of the Northeast quarter of the Northwest quarter of Section 23, Township 9 North, Range 29 East, W.M., Franklin County, Washington lying northerly of Interstate Highway 182, more precisely defined as lying northerly of a line described as: Beginning at a point opposite Highway Engineer's Station (hereinafter referred to as HES) CB 24+00 on the CB Line Survey of SR 82, Road 68 Interchange Vicinity to SR 395 Interchange Vicinity, and 45 feet Northeasterly therefrom; Thence Southeasterly parallel with said line survey to a point opposite HES CB 28+13.03 thereon; Thence Northeasterly to a point opposite HES CB 28+40.68 on said CB Line Survey and 110.92 feet Northeasterly therefrom; Thence Easterly to a point opposite HES CB 28+96.15 on said CB Line Survey and 133.82 feet Northeasterly therefrom and the end of this line description; EXCEPT the East 30 feet thereof; AND EXCEPT the North 30 feet thereof; AND EXCEPT any portions lying within W. Argent Road right-of-way and lying within Road 44. Page 68 of 223 Pa g e 6 9 o f 2 2 3 DESCRIPTION PARCEL 1 AF#1695550 THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 9 NORTH, RANGE 29 EAST, WlLLAMETTE MERIDIAN, FRANKLIN COUNTY, WASHINGTON, LYING SOUTHERLY OF THE SOUTHERLY RIGHT-OF-WAY LINE OF THE FRANKLIN COUNTY IRRIGATION DISTRICT NO. 1 IRRIGATION CANAL, AS SHOWN IN VOLUME 1 OF SURVEYS, PAGE 409, RECORDS OF FRANKLIN COUNTY, WASHINGTON AND THAT PORTION LYING NORTHERLY OF THE NORTHERLY RIGHT-OF-WAY LINE OF THE CB LINE, STATE ROUTE 182 (CURRENTLY KNOWN AS ARGENT ROAD) AS SHOWN ON WASHINGTON STATE DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY AND LIMITED ACCESS PLAN, STATE ROUTE 182-EXHIBIT A, SHEETS 6 AND 7, DATED OCTOBER 7, 1977 ON FILE WITH THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, BEGINNING AT A BRASS CAP MARKING THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 14; THENCE NORTH 89"34'57" EAST, 2685.53 FEET TO THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 14; THENCE LEAVING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 14, NORTH 00"09'55" EAST ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 14 FOR A DISTANCE OF 30.00 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ON THE NORTHERLY RIGHT -OF-WAY LINE OF ARGENT PLACE (FORMERLY KNOW AS ARGENT ROAD), SAID POINT ALSO BEING 30.00 FEET NORTHERLY OF THE CENTERLINE OF SAID ARGENT PLACE WHEN MEASURED AT RIGHT ANGLES OR RADIAL; THENCE LEAVING THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 14, SOUTH 89"34'57" WEST ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF SAID ARGENT PLACE (FORMERLY KNOW AS ARGENT ROAD) FOR A DISTANCE OF 253.62 FEET TO THE NORTHERLY RIGHT-OF-WAY OF SAID CB LINE (CURRENTLY KNOWN AS ARGENT ROAD), SAID POINT BEING 45.00 FEET NORTHERLY OF THE CENTERLINE OF SAID CB LINE (CURRENTLY KNOWN AS ARGENT ROAD) WHEN MEASURED AT RIGHT ANGLES OR RADIAL. THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY LINE OF SAID ARGENT PLACE AND FOLLOWING THE NORTHERLY RIGHT-OF-WAY LINE OF SAID CB LINE (CURRENTLY KNOWN AS ARGENT ROAD) THE FOLLOWING COURSES; THENCE NORTHWESTERLY ALONG THE ARC OF A 805.00 FOOT RADIUS NON-TANGENT CURVE TO THE RIGHT, (THE RADIUS OF WHICH BEARS NORTH 40'18'41" EAST) THROUGH A CENTRAL ANGLE OF 0016'10" FOR AN ARC LENGTH OF 3.78 FEET. THENCE NORTH 49"25'1 O" WEST, 237.55 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF A 895.00-FOOT RADIUS TANGENT CURVE TO THE LEFT, (THE RADIUS OF WHICH BEARS SOUTH 40"34'50" WEST) THROUGH A CENTRAL ANGLE OF 21'15'13" FOR AN ARC LENGTH OF 332.00 FEET; THENCE NORTI-l 19"19'37" EAST, 10.00 FEET TO A POINT 55.00 FEET NORTHERLY OF THE CENTERLINE OF SAID CB LINE (CURRENTLY KNOWN AS ARGENT ROAD) WHEN MEASURED AT RIGHT ANGLES OR RADIAL; THENCE NORTHWESTERLY ALONG THE ARC OF A 905.00-FOOT RADIUS NON-TANGENT CURVE TO THE LEFT, (THE RADIUS OF WHICH BEARS SOUTH 19'19'37" WEST) THROUGH A CENTRAL ANGLE OF 18'24'34" FOR AN ARC DISTANCE OF 290.78 FEET; THENCE NORTH 00"55'03" EAST, 56.58 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID FRANKLIN COUNTY IRRIGATION DISTRICT NO. 1 IRRIGATION CANAL; THENCE LEAVING THE NORTHERLY RIGHT-OF-WAY LINE OF SAID CB LINE (CURRENTLY KNOWN AS ARGENT ROAD) AND FOLLOWING THE SOUTHERLY RIGHT-OF-WAY OF SAID FRANKLIN COUNTY IRRIGATION DISTRICT NO. 1 IRRIGATION CANAL THE FOLLOWING COURSES; THENCE NORTH 72'04'41" EAST, 3.85 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF A 666.20-FOOT RADIUS TANGENT CURVE TO THE RIGHT, (THE RADIUS OF WHICH BEARS SOUTH 17"55'19" EAST) THROUGH A CENTRAL ANGLE OF 09'11'00" FOR AN ARC DISTANCE OF 106.78 FEET; THENCE NORTH 81"15'41" EAST, 32.55 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF A 268.48-FOOT RADIUS TANGENT CURVE TO THE LEFT, (THE RADIUS OF WHICH BEARS NORTH 08"44'19" WEST) THROUGH A CENTRAL ANGLE OF 19'D314" FOR AN ARC DISTANCE OF 89.28 FEET; THENCE NORTH 6212'27" EAST, 69.89 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF A 34.26-FOOT RADIUS TANGENT CURVE TO THE RIGHT, (THE RADIUS OF WHICH BEARS SOUTH 27"47'33" EAST) THROUGH A CENTRAL ANGLE OF 64"20'55" FOR AN ARC DISTANCE OF 38.48 FEET; THENCE SOUTH 53"26'38" EAST, 82.47 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF A 92.41-FOOT RADIUS TANGENT CURVE TO THE LEFT, (THE RADIUS OF WHICH BEARS NORTH 36"33'22" EAST) THROUGH A CENTRAL ANGLE OF 56"58'59" FOR AN ARC DISTANCE OF 91.91 FEET; THENCE NORTH 69"34'23" EAST, 148.05 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF A 308.10-FOOT RADIUS TANGENT CURVE TO THE RIGHT, (THE RADIUS OF WHICH BEARS SOUTH 20·25'37" EAST) THROUGH A CENTRAL ANGLE OF 05"12'19" FOR AN ARC DISTANCE OF 27.99 FEET; THENCE NORTH 74"46'42" EAST, 202.43 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF A 22.42-FOOT RADIUS TANGENT CURVE TO THE RIGHT, (THE RADIUS OF WHICH BEARS SOUTH 15"13'18" EAST) THROUGH A CENTRAL ANGLE OF 62'50'30" FOR AN ARC DISTANCE OF 24.59 FEET; THENCE SOUTH 42'22'48" EAST, 106.88 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF A 106.10-FOOT RADIUS TANGENT CURVE TO THE LEFT, (THE RADIUS OF WHICH BEARS NORTH 4T37'12" EAST) THROUGH A CENTRAL ANGLE OF 45'18'22" FOR AN ARC DISTANCE OF 83.90 FEET TO THE WESTERLY RIGHT-OF�WAY LINE OF ROAD 44, SAID POINT BEING 30.00 FEET WESTERLY OF THE CENTERLINE OF SAID ROAD 44 WHEN MEASURED AT RIGHT ANGLES OR RADIAL; THENCE LEAVING THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID FRANKLIN COUNTY IRRIGATION DISTRICT NO. 1 IRRIGATION CANAL, SOUTH 00"09'55" WEST PARALLEL TO THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 14 FOR A S.W. 1/4 DESCRIPTION PARCEL 2 AF#1695643 RECORD SURVEY OF SEC. 14 AND THE N.W. 1/4 OF SEC 23, T.9N., R.29E., W.M., CITY OF PASCO, FRANKLIN COUNTY, WASHINGTON ALL THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL "A" LYING NORTHERLY OF A LINE DESCRIBED AS BEGINNING AT A POINT OPPOSITE HIGHWAY ENGINEER'S STATION (HEREINAFTER REFERRED TO AS HES) CB 24+00 ON THE CB LINE SURVEY OF SR 82, ROAD 68 INTERCHANGE VICINITY TO SR 395 INTERCHANGE VICINITY, AND 45 FEET NORTHEASTERLY THEREFROM) THENCE SOUTHEASTERLY PARALLEL WITH SAID LINE SURVEY TO A POINT OPPOSITE HES CB 28+13.03 THEREON; THENCE NORTHEASTERLY TO A POINT OPPOSITE HES CE 28+40.68 ON SAID CB LINE SURVEY AND 110.92 FEET NORTHEASTERLY THEREFROM; THENCE EASTERLY TO A POINT OPPOSITE HES CB 28+96.15 ON SAID CB LINE SURVEY AND 133.82 FEET NORTHEASTERLY THEREFROM AND THE END OF THIS LINE DESCRIPTION. PARCEL A: THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 23, TOWNSHIP 9 NORTH, RANGE 29, EAST, W.M., FRANKLIN COUNTY, WASHINGTON, EXCEPT THE EAST 30 FEET AND THE NORTH 30 FEET THEREOF FOR ROADS TOGETHER WITH AND SUBJECT TO EASEMENTS, RESERVATIONS, COVENANTS AND RESTRICTIONS, OF RECORD ANO IN VlEW. AFN'/l-184D267SUR"li 01i21'20160S:02AM 2Pagi!(S)$1S2.00 Matt Beaton. Auditor FrankhnCo .. WA DISTANCE OF 457.16 FEET TO THE TRUE POINT OF BEGINNING. ,---------------,---:--=--:::-=-=s=-:-::=-=--=---:--,-=::--r-:=::-------------1 CONTAINING 7.26 ACRES, MORE OR LESS. SURVEY FOR AUDITOR'S CERTIFICATE .D.ES.E.RT STAR P.ROP.E.RT.I.ES FILED FOR RECORD THIS�OAY OF �.2016 AT__,;;L_t,UNUTES PAST_s_ JLM, AND RECORDED IN VOLUME -2,__oF SURVEYS PAGE�. AT THE REQUEST OF AARON A. DYCK, P.L.S. fru:.:\\: bm\-oo L840Jt,7 FRANKLIN COUNTY AUDITOR INDEX NO. -�d,�DEPUTY FEE NO. STRATTON SURVEYINC &-MAPPINC, PC 7525 W. DESCHUTES PL. UNIT 1C KENNEWICK, WA 99336 (509) 735-7364 FAX: (509) 735-6560 strottonOstrattonsurvey.com 4946RS1.DWG © 2016 DATE, 01/05/16 SHT. 2 OF 2 ORA WN BY, DCI JOB# 4946 Pa g e 7 0 o f 2 2 3 Pa g e 7 1 o f 2 2 3 AGENDA REPORT FOR: City Council July 24, 2024 TO: Adam Lincoln, City Manager City Council Regular Meeting: 8/5/24 FROM: Jacob Gonzalez, Director Community & Economic Development SUBJECT: Public Meeting & Resolution No. 4477 - Accepting a Notice of Intent for Shumway/Taylor Flats Road Annexation (ANX 2024-002) (3 minutes) I. REFERENCE(S): Proposed Resolution Overview Map Vicinity Map Notice of Intent to Commence Annexation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: CONDUCT A PUBLIC MEETING MOTION: I move to approve Resolution No. 4477, accepting a notice of intent to commence annexation proceedings for the Shumway annexation, providing a determination on the boundary to be annexed, and whether simultaneous zoning and the assumption of bonded indebtedness will be required. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: The owners of property located north of Dent Road between Columbia River Road, and Taylor Flats Road have submitted a Notice of Intent to Commence Annexation. The Notice of Intent has been reviewed by staff and has been determined to contain sufficient signatures to initiate the annexation process. Notices of Intent are required to contain the signatures of property owners Page 72 of 223 representing at least 10 percent of the assessed value of an area proposed for annexation. In this case, the Notice of Intent contains the signatures of owners representing 100% of the assessed value within the proposed annexation area. The County Assessor has submitted a certification of sufficiency for the proposed annexation. Staff have also coordinated with the Franklin County Building and Planning, and Public Works Departments, no concerns have been expressed. On July 1, 2024, Council approved Resolution No. 4469, setting August 5, 2024, as the date to hold a public meeting to consider the Notice of Intent and three items listed below. V. DISCUSSION: The petition method of annexation is a two-step process requiring the submittal of a Notice of Intent to Commence Annexation proceedings followed at a later date by consideration of an actual annexation petition. Upon receipt of a Notice of Intent to Commence Annexation - Council is required by law to set a date to hold a public meeting to consider: 1. Whether the City will accept, reject, or geographically modify the proposed annexation; 2. Whether it will require the simultaneous adoption of a proposed zoning regulation; and 3. Whether it will require the assumption of all or any portion of existing City indebtedness by the area to be annexed. Following Council review of the proposed annexation and passage of a resolution generally accepting the boundary, staff will prepare the annexation petition. A date will then be set for a public hearing for Council to formally consider and decide upon the annexation request. Page 73 of 223 Resolution – Shumway Accept & Proceed (ANX 2024-002) - 1 RESOLUTION NO. _________ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, ACCEPTING A NOTICE OF INTENT TO COMMENCE ANNEXATION PROCEEDINGS FOR THE SHUMWAY ANNEXATION, PROVIDING A DETERMINATION ON THE BOUNDARY TO BE ANNEXED, AND WHETHER SIMULTANEOUS ZONING AND THE ASSUMPTION OF BONDED INDEBTEDNESS WILL BE REQUIRED. WHEREAS, the owners of property described in Exhibit A as attached to this Resolution have filed a Notice of Intent to Commence Annexation Proceedings to the City of Pasco; and WHEREAS, on July 1, 2024 the City Council set an August 5, 2024, public meeting date with the initiators to consider (1) whether the City will accept, reject, or geographically modify the proposed annexation; (2) whether it will require the simultaneous adoption of a proposed zoning regulation; and (3) whether it will require the assumption of all or any portion of existing City indebtedness by the area to be annexed; and WHEREAS, the City Council has reviewed the Notice of Intent, conducted a public meeting with the initiators, and has determined it is in the best interests of the City to accept the proposal as depicted in Exhibit B, attached hereto; and WHEREAS, the City has determined that the proposed annexation site is within the Pasco Urban Growth Area, annexation of the proposed site would be a natural extension of the City and said annexation would be in the best interest of the Pasco community. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City will accept the proposed territory to be annexed as described in Exhibit A and depicted in Exhibit B attached hereto. Be It Further Resolved, that the territory to be annexed will not require simultaneous adoption of zoning regulations. Zoning will be determined through a public hearing process with input from affected property owners. Be It Further Resolved, that the annexation area will be required to assume a proportionate share of existing City bonded indebtedness. Be It Further Resolved, that this Resolution shall take effect immediately. Page 74 of 223 Resolution – Shumway Accept & Proceed (ANX 2024-002) - 2 PASSED by the City Council of the City of Pasco, Washington, on this 5th day of August 2024. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 75 of 223 Annexation Legal Description THAT PORTION OF THE NORTHEAST ¼ OF THE SOUTHEAST ¼ & THAT PORTION OF THE SOUTHEAST ¼ OF THE NORTHEAST ¼ OF SECTION 32, TOWNSHIP 10 NORTH, RANGE 29 EAST, WILLAMETTE MERIDIAN, LYING EASTERLY OF PASCO-COLUMBIA RIVER ROAD & LYING OUTSIDE IRRIGATION BLOCK 1, COLUMBIA BASIN PROJECT. TOGETHER WITH THAT PORTION OF THE SOUTHWEST ¼ OF SECTION 33, TOWNSHIP 10 NORTH, RANGE 29 EAST, WILLAMETTE MERIDIAN, LYING EASTERLY OF ROAD 68 AND WESTERLY OF TAYLOR FLATS RD, AND LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 33; THENCE NORTH 0°13’43” WEST 1119.25 FEET ALONG THE WEST SECTION LINE OF SAID SECTION; THENCE LEAVING SAID SECTION LINE NORTH 89°46’17” EAST 495.16 FEET TO THE EAST RIGHT OF WAY OF COLUMBIA RIVER ROAD AND THE POINT OF BEGINNING; THENCE LEAVING SAID RIGHT OF WAY SOUTH 81°33’59” EAST 214.20 FFET; THENCE SOUTH 80°36’20” EAST 117.46 FEET; THENCE SOUTH 84°43’49” EAST 278.48 FEET; THENCE NORTH 89°48’40” EAST 87.18 FEET; THENCE NORTH 81°19’37” EAST 130.42 FEET; THENCE NORTH 74°06’32” EAST 346.72 FEET; THENCE NORTH 56°25’39” EAST 83.56 FEET; THENCE NORTH 46°06’51” EAST 326.00 FEET TO THE WESTERLY RIGHT OF WAY MARGIN OF TAYLOR FLATS ROAD AND THE TERMINUS OF SAID DESCRIBED LINE. SUBJECT TO PUBLIC ROAD RIGHT OF WAY DEDICATED UNDER AUDITOR’S FILE NUMBER 554813, RECORDS OF FRANKLIN COUNTY, WASHINGTON. CONTAINS 14.94 ACRES, MORE OR LESS. EXHIBIT "A" Page 76 of 223 ǽï " Ț OȚ eJȚ Ț -Ț # Ț ŘȚ Ț %Ț Ț %Ț ! Ț `JȚ Ț &Ț &14G 24 !-G !?!.28G 6!(4!(8*1/G -1 8! G *0G 8)!G 6>G G 1'G 6! 8*1/G G 81>/6)*3G 0148)G 4/(!G G !68G >.G '4/,-*/G 1;08@G >6)*/(810G 6<5="@147G /18!6G #Ț ōȚ Ț 6Ț Ț =GȚ K ¥Ț ƲCkȚ BȚ 7 Ț ǔBȚ Ɯ)ß T Ț YȚ Ț 5Ț Ț DŽį©Ț Ț Ț îİ0Ț Ț .*$Ț ƶŁ Ț Ț Ț yřȚ Ț Ț Ț Ț Ț eĻȚ Ț /ē& Ț Ț #Ț KȚ ƔȚ ǮĩĨȚ111111111111111ȚÍ ȂÎ ȃǻǯȄǨȅìȆ,ȇȈȉ/,ȊȋǼ22p222p22222p2222í úȚ "Ț #Ț đȚ ǶȚ 8Ț Ț %ʼnÕȚ vȚ Ț ƯȚ g Ț x Ț `ŀ8Ț ȀǰǴǷȚ ÀȚ Ț ",Ē&$ Ț Ț Ț Ț !Ț ƎȚ Ț Ț Ț ǺǵÊȚ ǦǧǭÊȚ 9LȚ Ț Ț Ț (#(Ț Ę)(# Ț Ț ü&Ț ($ Ț ()/,Ț ( #Ț Ț ý Ț ,V/Ț ?Ț %Ț .ŌȚ ĎȚ !xȚ `8Ț ´Ț -Ț # Ț Ț EG ÆȐð ØãȚ ȑDZĉȚ G A $ Ț ȒȚćĈþȚ )> &Ț Ț `J Ț Ț Ț Ț ) Ñ" Ț W" Ț @"Ț µ ě>U .Ț cȚU ÙȚ(Ț @VȚ ) c "-.Ț Ț &ĝ4 ",Ț @&Ț cÚ"Ț ƊȚ (4 Ò.Ț @Ț ,Wc- )ÔȚ ñȓȚ FG òȔȚ @. 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Ț Ț !=Ț !Ț aȚ Ț 'hA¬Ț Ț ħȚ Ț Ț Ț Ț Ț aȚ _Ț FȚ XȚ Ț Ț Ƣ>Ț " Ț"ȚȚ #Ț *Ț AȚ Ț Ț +Ț Ț aȚ ĽȚ XȚ Ț ĸNJ=Ț _Ț Ț AȚ O Ț )4Ü &Ț 6Ț # Ț *Ț ƾȚ Ț {Ț Ț aȚ QȚ Ț A7 Ț 9Ț Ț Ț Ț ²ơƁ¯Ț°¢Ț ŋoƙƚá źǿȚ Ț ŠljȚ ĺȚ Ț aȚ ǐȚ Ț >33 Ț DȚ ($Ț .*;Ț Ț Ț s Ț 6Ț &$Ț +;Ț Ț Ț t>3 Ț EȚ - # Ț *;Ț Ț Ț ĢÌ tȚ <Ț -$ Ț '*XȚ Ț ¹ Ț 4 b&Ț EȚ 3#Ț *īȚ Ț + Ț ->ÝȚ 6Ț 3#-,Ț *ĬȚ Ț Ț 4 Ț 6Ț )$Ț *;Ț + Ț Ț > Ț ťȚ Ț +Ț Ț Ț Ʒ!Ț Ț Ț ÁȚ ŅȚ Ț ¸mȚ ¤0Ț Ț Ț Ț «Ț Ț ƳȚ Ț Ț ¶¼wzŔȚºȚ 7 Ț ^Ț Ț Ț QȚ uȚ 7Ț 7 Ț Ț Ț ( "åȚ Ț Ț 5Ț P Ț ¥+/Ț ¸Ț #Ț BȚ Ț Ț Ț ; *9146G !48*'* :%G 8Ț 'Ț Ț Ț:::ǖȚś !Ț ŶȚRRǗRRǘȚæȚ Ǚ #ĕ$ Ț Țǚ:ÈǛȚǜȚ 6;4=#@146G !48*'+ 8$G Ț KȚǝ::::ÇȚ qȚ ?Ț 8Ț Ț 9Ț Ǟǟ::ÈȚ Ț 9! Ț Ț Ț MȚ Ț Ț LjȚ Ț !Ț Ț Ț Ț ƘȚ Ț Ț Ț Ț Ț N+Ț Ț Ț Ț Ț Ț Ț Ț NȚ Ț ǏȚ e !Ț Ț Ț Ț #Ț "Ț Ț Ț %Ț %Ț %Ț %Ț %Ț %Ț %Ț %Ț Ț Ț ƛȚ ŮȚ Ț Ț ȚRÉRÉȚ Ț uȚ Ț NȚ Ț Ț 79 $Ț 'ł5Ț PȚ 8ƽȚ :<6>#?)/&L )/ L 3 : L L 1+=* -L 49L ;7,L 8!'."L D L L 5(20$L L L % L L L K IGCAJEBF @HL Ț Ț Ț Ț , Ț ?#Ț !Ț ? Ț ŏ Ț ȚȁȚ Ț /Ț #Ț /Ț çë n nnǠ9?Ç 8 :øǡǢ nƆõöDz÷t%ǣ Ǥ ǥùȚ ȖȗȚ 9 ǪȘȚ3ęĐǸșǹȚ *Ț Ț Ț EXHIBIT "B" Pa g e 7 7 o f 2 2 3 Item:Annexation -Between Taylor Flats and Columbia River Roads NOVCI‘VleWApplicant(s):Harpster Land Development AMapFile#;ANX 2024—002 Pa g e 7 8 o f 2 2 3 Item:Annexation -Between Taylor Flats and Columbia River RoadsV1c1n1tyApplicant(s);Harpster Land Development Map File #:ANX 2024—002 Pa g e 7 9 o f 2 2 3 NOTICE OF INTENTION TO COMMENCE ANNEXATION PROCEDURES TO: The City Council of the City of Pasco 525 North Third Avenue Pasco, Washington 99301 Council Members: The undersi gned, who are the owners of not less than ten percent in value, according to the assessed valuation for general taxation of the property for which annexation is sought, hereby advise the City Council of the City of Pasco that it is the desire of the undersigned owners of the following area to commence annexation proceedings. The property herein referred to is described on Exhibit "1" attached hereto and is depicted on Exhibit "2" further attached hereto. It is requested that the City Council of the City of Pasco set a date not later than sixty days after the filing of this request for a meeting with the undersigned to determine: (1)Whether the City Council will accept the proposed annexation; and, (2)Whether the City Council will require the assumption of existing City indebtedness by the area to be annexed; and, (3)Whether the City Council will require simultaneous zoning. This page is one of a group of pages containing identical text material and is intended by the signers of this Notice of Intention to be presented and considered as one Notice of Intention and may be filed with other pages containing additional signatures which cumulatively may be considered as a single Notice of Intention. APPLICANT REPRESENTATIVE: Harpster Land Development Peter Harpster (509)212-9596 peter@harpsterld.com Page 80 of 223 1.Please print your name in addition to signing. Page 81 of 223 Affidavit of Signature for Annexation Notice of Intent and Petition Under the penalty of perjury, I declare under oath, that I am authorized to sign deeds and encumbrances on behalf of Shumway Family Properties LLC and I am further authorized to sign other documents including Notices oflntent and Petitions. G State of Br\�) ): ss. County or:Mn ci { Q p 0\. ) I certify that I know or have satisfactory evidence that .._· .,,.,.,-r!-ll,<...l>ql.-'---'..,U..:IU--l-'-""'A!q who appeared before me, and said person acknowledged that (he/she) signed this instr ent, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it as the 9 ff\ do..'1 of f'-1 Cty l D 2. Lf to be the free and voluntary act of such party for the uses and purposes mentiotted in the instrument. Given under my hand and official seal this 9 ft, day of --'-M _ _;;_�.:,_�+------'·-..c..2-...:D:...2-�L( ��t:?'"½ NOTARY PUBLIC in and for the State of A 1:. Residingat: / D01� f-V/0,. L·.'\.d.c,.. \coHsolal.t.,A1..My Commission Expires: {)f,-It) 02 ± E3<;;lS"B Page 82 of 223 Annexation Legal Description THAT PORTION OF THE SOUTHWEST ¼ OF SECTION 33, TOWNSHIP 10 NORTH, RANGE 29 EAST, WILLAMETTE MERIDIAN, LYING EASTERLY OF ROAD 68 AND WESTERLY OF TAYLOR FLATS RD, AND LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 33; THENCE NORTH 0°13'43" WEST 1119.25 FEET ALONG THE WEST SECTION LINE OF SAID SECTION; THENCE LEAVING SAID SECTION LINE NORTH 89°46' 17" EAST 495.16 FEET TO THE EAST RIGHT OF WAY OF COLUMBIA RI VER ROAD AND THE POINT OF BEGINNING; THENCE LEAVING SAID RIGHT OF WAY SOUTH 81 °33'59" EAST 214.20 FFET; THENCE SOUTH 80 °36'20" EAST 117.46 FEET; THENCE SOUTH 84°43'49" EAST 278.48 FEET; THENCE NORTH 89°48'40" EAST 87.18 FEET; THENCE NORTH 81 °19'37" EAST 130.42 FEET; THENCE NORTH 74°06'32" EAST 346.72 FEET; THENCE NORTH 56°25'39" EAST 83.56 FEET; THENCE NORTH 46°06'51" EAST 326.00 FEET TO THE WESTERLY RIGHT OF WAY MARGIN OF TAYLOR FLATS ROAD AND THE TERMINUS OF SAID DESCRIBED LINE. SUBJECT TO PUBLIC ROAD RIGHT OF WAY DEDICATED UNDER AUDITOR'S FILE NUMBER 554813, RECORDS OF FRANKLIN COUNTY, WASHINGTON. CONTAINS 14.94 ACRES, MORE OR LESS. Page 83 of 223 1·-300' -+- PORTION FARM UNIT 97 ±1.5' DDWN FND 1/2" REBAR W/ YPC STAMPED "LS 21607" RECORD SURVEY FOR PARCEL EXEMPT SEGREGATION LOCATED IN THE SW 1/4 OF SECTION 33, TOWNSHIP NORTH, RANGE 29 EAST, W.M. FRANKLIN COUNTY, WASHINGTON SURVEYOR'S NOTES: 10 1. BASIS OF BEARING IS GRID, WASHINGTON STATE PLANE, SOUTH ZONE, NAD8 3(11), BASED ON RTK GNSS OBSERVATIONS FROM NGS TRI-STATION DENT RESET. DISTANCES ARE "GROUND" SCALED FROM GRID USING A COMBINED FACTOR OF 1.00007308535 FND 2.5" BRASS CM' i\ o;:L,. _______________ !:!:N8�9:.,"1!.:3�·o�e�-E�2�65�9�.2�0�·------------------FLUSH. 34 2. 0 s DENOTES SET 5/B"X24" REBAR WITH ORANGE PLASTIC CAP STAMPED •ops WA 41028" 32033 2527.41' I NOT SEARCHED THIS SURVEY FALLS IN FARM FIELD Curve Table CURVE LENGTH RADIUS C1 466.46 2894.31 C2 199.47 242.84 C 3 498.25 1468.49 C4 656.38 2825.00 FNO 1/2" REBAR W/ YPC STAMPED "LS 21607" ±0.4' DOWN I '' ,, \�"�. :: ' � \�-', �o., '' ·.s>.,.' ' 495.16' � ... S89'46'17"W LINE TABLE LINE DIRECTION L1 S81"33'59"E L2 S80'36'20"E L3 S84'43'49"E L4 N89' 48' 40"E L5 N81'19'37"E L6 N74'06'32"E L7 N56'25'39"E L8 N46'06'51"E L9 N28'57'28"W I= ' -� � -� 'I - I LENGTH 214.20 117.46 278.48 87.18 130.42 346.72 83.56 326.00 63.13 DELTA CH. BRNG. 9°14'03" N33'34'30"W 47'03'45" S52'29'21 "E 19'26'24" S17'54'57"W 13'18'45" N20'58'47"E PARCEL 1 85.78 ACRES CHORD 465.96 193.91 495.86 654.90 I 4' I .,. I §,'�/ /! I �/ '.!/ _,. I // 1/ I I I I \ FNO 2.5" BRASS CAP ,., IN CASE ,., ±0.6' DOWN /,., 1// I / FND MAG & WASHER fr STAMPED "LS 21607" 3 - .. ----.- - - __ -:-_ ·-4 NOT SET FALLS IN ROAD (SEE NOTE 7) /CLARK RD I I I I I I I I I I I I I I I I 3. e -DENOTES FOUND MONUMENT AS NOTED 4. {M) -MEASURED {C) = COMPUTED {R) = RECORD PER 5. EQUIPMENT AND PROCEDURES USED: DUAL FREQUENCY GNSS RECEIVERS USING REAL TIME KINEMATIC METHODS. THIS SURVEY MEETS OR EXCEEDS THE ACCURACY REQUIREMENTS OF WAC 332-1 30-085. ANALYSIS METHOD: MULTIPLE INDEPENDENT RTK GNSS TIES & LEAST SQUARES ADJUSTMENT. 6. MONUMENTS WERE VISITED l>J'RIL 11, 2024 7. THE PUBLIC ROAD RIGHT OF WAY OF THE INTERSECTION OF TAYLOR FLATS ROAD AND COLUMBIA RIVER ROAD IS BASED ON DEED AF;f554813 AND COUNTY ROAD PLANS "CLARK ROAD EXTENSION CRP 536" DATED JUNE 1998. BOTH WERE PROVIDED BY THE FRANKLIN COUNTY ROAD DEPARTMENT. THE ROAD PLANS SHOW A CURVE ON THE RIGHT OF WAY AT THE INTERSECTION WITHOUT CALLING OUT WHAT THE RADIUS IS. THE DEED HOWEVER ONLY DEDICATES THAT PORTION LYING SOUTHERLY OF A LINE 30' NORTH OF THE PROPOSED CENTERLINE. THE BOUNDARY AND AREA SHOWN HEREON IS BASED ON THE DEED DESCRIPTION. / RECORD LEGAL DESCRIPTION .(} � / THAT PORTION OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 & THAT PORTION OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 32, TOWNSHIP A� ,,,'Y / iio'j��H, RANGE 29 EAST, WILIAMffiE MERIDIAN, LYING EASTERLY OF PASCO-COLUMBIA RIVER ROAD & LYING OUTSIDE IRRIGATION BLOCK 1, COLUMBIA BASIN � "�/ I I I ,........ TOGETHER W[H THAT PORTION OF FARM UNIT 97, IRRIGATION BLOCK 1, COLUMBIA BASIN PROJECT, LYING NORTHEASTERLY OF PASCO-COLUMBIA RIVER RD. TOGETHER W[H THAT PORTION OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP 10 NORTH, RANGE 29 EAST, WILLAMffiE MERIDIAN, LYING EASTERLY OF ROAD 68 AND WESTERLY OF TAYLOR FLATS RD. / SUBJECT JP PUBLIC ROAD RIGHT OF WAY DEDICATED UNDER AUDITOR'S FILE NUMBER 554813, RECORDS OF FRANKLIN COUNTY, WASHINGTON. /RESULTANT LEGAL DESCRIPTIONS: ,'� THAT PORTION OF THE NORTHEAST1/4 OF THE SOUTHEAST 1/4 & THAT PORTION OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 32, TOWNSHIP 10 NORTH, RANGE 29 EAST, WILLAMETTE MERIDIAN, LYING EASTERLY OF PASCO-COLUMBIA RIVER ROAD & LYING OUTSIDE IRRIGATION BLOCK 1, COLUMBIA BASIN PROJECT TOGETHER WITH THAT PORTION OF FARM UNIT 97, IRRIGATION BLOCK 1, COLUMBIA BASIN PROJECT, LYING NORTHEASTERLY OF PASCO-COLUMBIA RIVER RO. TOGETHER WITH THAT PORTION OF THE SOUTHWEST 1/4 OF SECTION 3 3, TOWNSHIP 10 NORTH, RANGE 29 EAST, WILLAMETTE MERIDIAN, LYING EASTERLY OF ROAD 68 AND WESTERLY OF TAYLOR FLATS RO. SUBJECT TO PUBLIC ROAD RIGHT OF WAY DEDICATED UNDER AUDITOR'S FILE NUMBER 554813, RECORDS OF FRANKLIN COUNTY, WASHINGTON. � THAT PORTION THEREOF LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 33; THENCE NORTH 0'13'43"WEST 1119.25 FEET ALONG THE WEST SECTION LINE OF SAID SECTION; THENCE LEAVING SAID SECTION LINE NORTH 89°46'17" EAST 495.16 FEET TO THE EAST RIGHT OF WAY OF COLUMBIA RIVER ROAD AND THE POJNT OF BEG(NN(NG· THENCE LEAVING SAID RIGHT OF WAY SOUTH 81'33'59" EAST 214.20 FEET; THENCE SOUTH 80'36'20" EAST 117.46 FEET; THENCE SOUTH 84'43'49" EAST 278.48 FEET; THENCE NORTH 89'48'40" EAST 87.18 FEET; THENCE NORTH 81'19'37" EAST 1 30.42 FEET; THENCE NORTH 74'06'32" EAST 346.72 FEET; THENCE NORTH 56'25'39" EAST 83.56 FEET; THENCE NORTH 46'06'51" EAST326.00 FEET TO THE WESTERLY RIGHT OF WAY MARGIN OF TAYLOR FLATS ROAD AND THE JERl,llNUS OF SAID DESCRIBED LINE. CONTAINS 85. 78 ACRES, MORE OR LESS .PMll:El....Z TOGETHER W[H THAT PORTION OF THE SOUTHWEST 1/4 OF SECTION 3 3, TOWNSHIP 10 NORTH, RANGE 29 EAST, WILLAMETTE MERIDIAN, LYING EASTERLY OF ROAD 68 AND WESTERLY OF TAYLOR FLATS RO, AND LYING SOUTHERLY Of THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHWEST CORNER Of SAID SECTION 33; THENCE NORTH O' 13' 43" WEST 1119.25 FEET ALONG THE WEST SECTION LINE Of SAID SECTION; THENCE LEAVING SAID SECTION LINE NORTH 89'46'17" EAST 495.16 FEET TO THE EAST RIGHT Of WAY OF COLUMBIA RIVER ROAD AND THE POINT OF BEG(NN(NG· THENCE LEAVING SAID RIGHT Of WAY SOUTH 81'33'59" EAST 214.20 FEET; THENCE SOUTH 80'36'20" EAST 117.46 FEET; THENCE SOUTH 84'43'49" EAST 278.48 FEET; THENCE NORTH 89°48'40" EAST 87.18 FEET; THENCE NORTH 81'19'37" EAST 130.42 FEET; THENCE NORTH 74'06'32" EAST 346.72 FEET; THENCE NORTH 56'25'39" EAST 83.56 FEET; THENCE NORTH 46'06'51" EAST 326.00 FEET TO THE WESTERLY RIGHT OF WAY MARGIN OF TAYLOR FLATS ROAD AND THE JERl,llNUS OF SAID DESCRIBED LINE. PARCEL 2 IS THE ANNEXATION SITE SUBJECT TO PUBLIC ROAD RIGHT OF WAY DEDICATED UNDER AUDITOR'S FILE NUMBER 554813, RECORDS OF FRANKLIN COUNTY, WASHINGTON. CONTAINS 14.94 ACRES, MORE OR LESS AUDITOR'S CERTIFICATE FILED FOR RECORD THIS ____ DAY OF ______ , 20_A.0., AT ____ _ SURVEYOR'S CERTIFICATE: MINUTES PAST ______ M. ANO RECORDED IN VOLUME _____ OF SURVEYS, THIS MAP CORRECTLY REPRESENTS A SURVEY MADE BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE REQUIREMENTS OF THE SURVEY RECORDING ACT AT THE REQUEST OF SHUMWAY FAMILY PROPERTIES IN l>J'RIL 2024. 300 150 0 h-------F9 SE1/4 SW1/4 SW1/4 SW1/4 NE1/4 SW1/4 NW1/4 SW1/4 300 SCALE IN FEET 600 900 PAGE ____ , AT THE REQUEST OF ROGERS SURVEYING. FRANKLIN COUNTY AUDITOR ��ROGERS SURVEYING INC., P.S. 1455 COLUJIBL4 PARK TRAIL RICHLAND, ll'"A. 99352 PHONE (509) 783-4141 FAX: (509) 783-8994 www.rogeTBsu.n1eying.com FEE NUMBER REV: CLIENT SHUMWAY FAMILY PROPERTIES JOB 11324 PROJECT PARCEL EXEMPT SEGREGATION PORTION OF S.33, T.1 ON., R.29E., W.M. ORN. BY OCP SCALE 1 •= 300' F. B. NO. ,,__l>J'_P_R_O_VE_O_D_P _B_---;_D_A _JE--o-4/_1_8_24--i �� Vf� 32/t�t SHEET 1 OF Pa g e 8 4 o f 2 2 3 AGENDA REPORT FOR: City Council July 31, 2024 TO: Adam Lincoln, City Manager City Council Regular Meeting: 8/5/24 FROM: Jacob Gonzalez, Director Community & Economic Development SUBJECT: Ordinance No. 4722 - Amending PMC Titles 5 and 25 Related to Public Space and Mobile Vending (CA 2023-005) (10 minutes) I. REFERENCE(S): Ordianance II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No. 4722, amending Title 5 Business Licenses and Regulations, and Title 25 Zoning, of the Pasco Municipal Code to implement the Downtown Pasco Master Plan by expanding opportunities for businesses to use streets, public spaces, and private lots, to increase activity in downtown and in other retail, hubs and, further, authorize publication by summary only. III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: The Community and Economic Development Department has partnered with the consultant firm, Framework, to develop code amendments for the use of public spaces, including parklets, outdoor dining, and mobile vending. These changes are part of the broader Downtown Pasco Master Plan implementation effort, aimed at enhancing safety, amplifying cultural activities, and boosting economic activity in the downtown area. With much of this code amendments efforts aimed at increasing flexibility for businesses, and removing barriers for investment, the proposed code amendment addresses public spaces and mobile vending Citywide. The draft updates to the Pasco Municipal Code (PMC) were first presented to City Council on October 10, 2023, and has since been revised based on feedback. A follow up presentation was conducted on February 26, 2024, Page 85 of 223 incorporating feedback along with examples from Ellensburg, Kennewick, Walla Walla, and Yakima. The draft Ordinance has been coordinated and reviewed with the assistance of several business stakeholders, the Benton- Franklin Health District, and City Fire Marshall to align the proposal with municipal and health district regulations. Staff has also conducted a week long parking study (June 2024) to evaluate parking usage and occupancy in the downtown area. PMC Amendment Proposal: The intent of the PMC Amendment proposal is to allow for more flexible use of public and (and approved private) areas for parklets, outdoor dining, and mobile vending. Some of the key changes are identified below: Expand Sidewalk Cafés to allow the use of sidewalks and parking spaces for additional customer seating for restaurants, bars, and cafes. Allow for the use of parking spaces as Parklets, which are city-operated spaces open to the public. Set clear guidelines for the use of Public Space Cafés to ensure they are safe and accessible. Reduce barriers to the use of public right-of-way for Mobile Vending while ensuring safe operation. Add Food Truck Parks as an allowed use and create basic design standards The propose PMC Amendment (draft Ordinance) aligns with state laws and local new creating while safety, and health public ensure to regulations community and and entrepreneurs, small for opportunities businesses activities. Staff and the consulstant (Framework) presented to the Pasco City Council on June 20, 2024. V. DISCUSSION: The proposed PMC Amendment is intended to address community input, along with providing several benefits. These include: Economic Opportunities: The amendments support local entrepreneurs and vendors by creating new business opportunities. Community Engagement: Increased use of public spaces will foster community interaction and activities. Active Spaces: Vibrancy: Contribute to a vibrant neighborhood level or city atmosphere, attracting residents and visitors. Throughout the PMC Amendment creation process, staff and the consultant team worked to ensure community members and interested stakeholders were able to provide input and guidance. Generally, there was strong support for the Page 86 of 223 proposed changes. Suggestions from these engagements have been incorporated into the final proposal. Ongoing community engagement will be crucial for monitoring the impact and making necessary adjustments. Following the June presentation to City Council, the proposal was modified to reflect direction from City Council. The updates include: Restricting tent vendors from utilizing the right-of-way and other public ways. Specifying that Mobile Vending Permits will not be issued for locations in residential zones. Adding Food Truck Parks as an allowed use in non-residential zones. Code Updates: Mobile Vending Allows Mobile Vending to obtain permits for use of parking spaces, parks, and sidewalk areas specified on their permit. Mobile Vending Permit will have a specific length of time that vendor may use designated space, allowing vendors enough time to set up, vend, and clean up afterwards. Addition of Food Truck Parks as an allowed use. Removal of distinction between “Itinerant Vendors,” “Stationary Vendors,” and “Mobile Vendors.” All will be classified as Mobile Vendors and be required to hold a Mobile Vending License. Removal of requirement of a permanent business to be onsite where a mobile vending is vending, thereby allowing for mobile vendors on vacant lots, with the necessary permissions. State and District Regulations The below code, proposed our which context provide restrictions to accommodates route vendors (those who move from place to place throughout the day) as well as vendors who are stationed in one location for longer periods of time. WAC 246-215-09150 requires that Mobile vendors have access to a bathroom with handwashing facilities within 500 feet of the mobile food unit if vending anywhere for more than an hour. Vendors Location a have Mobile requires District Health The that Agreement with a location where they can access said handwashing facilities as well as a bathroom. Code Updates: Public Space Cafes Café typologies simplified into Public Space Cafés, which are initiated and operated by businesses that can secure permits for use of sidewalk Page 87 of 223 or parking space adjacent to their business frontage. Removed zoning restrictions—Public Space Cafés allowed wherever bars, cafes, and restaurants abut a street with a speed limit 30mph or less, and not on Freight Corridors. Requirement of 3’ of pedestrian clear zone to be maintained, to adhere to ADA regulations. Updating Pasco's regulations to support mobile vending and increased use of public spaces can provide significant benefits for the community. Mobile vendors (food trucks) serve as small business incubators, helping entrepreneurs transition into brick-and-mortar establishments while creating local jobs. They also maximize the efficient use of public spaces by drawing more people to the area, leading to increased foot traffic and contributing to the vibrancy also can They corridors. commercial of vitality economic and complement existing brick-and-mortar businesses rather than compete with them, as they attract additional customers to shopping and dining areas. This increased activity not only enhances public safety through "eyes on the street" but also introduces diverse food options, enriching the community's culinary landscape. Moreover, food vending provides an accessible entry point for entrepreneurs, allowing them to gain a foothold in the food industry. The proposed Amendment represent a significant step toward implementation of interest to responding and Pasco Master from Downtown the Plan, community members and stakeholders. Page 88 of 223 Ordinance Amending Title 5 and Title 25 - 1 ORDINANCE NO. _________ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING TITLE 5 BUSINESS LICENSES AND REGULATIONS AND TITLE 25 ZONING OF THE PASCO MUNICIPAL CODE TO IMPLEMENT THE PASCO DOWNTOWN MASTER PLAN BY EXPANDING OPPORTUNITIES FOR BUSINESSES TO USE STREETS, PUBLIC SPACES, AND PRIVATE LOTS TO INCREASE ACTIVITY IN DOWNTOWN AND OTHER RETAIL HUBS. WHEREAS, the City of Pasco (City) adopted its first Downtown Master Plan in January 2023 following extensive public engagement that resulted in strong support for the plan; and WHEREAS, the City and the community have prioritized implementing the Downtown Pasco Master Plan which is an ongoing effort; and WHEREAS, the Downtown Master Plan includes many strategies to activate public spaces including expanding opportunities for community and businesses uses; and WHEREAS, the City established the Pasco Specialty Kitchen (PSK) to be an incubator for food trucks, mobile vending, and restaurants and desires to support and encourage these the expansion of these activities in Downtown Pasco and other retail hubs, consistent with the vision and goals of the Downtown Master Plan; and WHEREAS, the City regulates businesses including the uses of streets and public spaces for business activities and mobile vending in the Pasco Municipal Code and the new regulations are specific to implementation of the Downtown Pasco Master Plan; and WHEREAS, the City desires to have regulations for business activities in public and private spaces that support the goals of the Downtown Master Plan but also ensure that these activities are well planned and designed to ensure a safe environment; and WHEREAS, the City Council of the City of Pasco, Washington has determined that certain amendments supporting the Downtown Master Plan are necessary. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. That Section 5.50.050 entitled “Sidewalk Seating” of the Pasco Municipal Code is hereby repealed in its entirety. 5.50.050 Sidewalk Seating. Any food establishment licensed under this chapter and located within the C-2 zone (Central Business District) may, upon application and receiving a permit therefor, provide sidewalk seating for its customers adjacent to the licensed place of Page 89 of 223 Ordinance Amending Title 5 and Title 25 - 2 business; provided, however, the food establishment must have interior seating and the outside seating shall not exceed 25 percent of interior seats, and the outside seating shall not reduce usable sidewalk width to less than six feet. Such application shall include a drawing of the proposed sidewalk location which includes the location of the seating, the width of the sidewalk and the width of the sidewalk that will be obstructed by the outside seating. In addition the application shall include identification of the food establishment by reference to its regular Pasco business license number, assurance that the area will be kept clean, the times of day during which the outside seating will be utilized and the period of the year for which the outside seating is requested. The City Clerk shall review each such application with the City Planner and if in their opinion the public interest would not be unduly restricted or subject to unreasonable or unnecessary risk of harm or injury, the Clerk shall notify the applicant that a permit therefor will be granted, subject to the payment of an annual permit fee as set forth in Chapter 3.35 PMC and the filing of a satisfactory hold-harmless agreement and primary liability insurance policy suitable to the City Attorney which will indemnify the City and release it from liability. Subject to such filing a permit will be issued. [Ord. 3560 § 27, 2002; Ord. 2539 § 18, 1985; Code 1970 § 5.28.125.] Section 2. That Chapter 5.52 entitled “Parklets and Public Space Cafés” of the Pasco Municipal Code shall be and hereby is created and shall read as follows: Chapter 5 .52 PARKLETS AND PUBLIC SPACE CAFÉS Sections: 5.52.010 Purpose and Intent. 5.52.020 Permit required. 5.52.030 Definitions. 5.52.040 Permit application and terms. 5.52.050 Terms and conditions. 5.52.060 Design standards. 5.52.070 Conversion of parking spaces for a Public Space Café. 5.52.080 Application. 5.52.010 Purpose and Intent: (1) To expand and promote opportunities for the use and activation of public space. (2) To ensure that Pasco’s Downtown provides a fun, safe, and engaging experience for all. Page 90 of 223 Ordinance Amending Title 5 and Title 25 - 3 (3) To provide a clear, concise, and user-friendly process for review and approval of applications for the use of public space by the community, private businesses, property owners, event managers, and others. (4) To ensure that public spaces are used in a manner that is safe and inviting for all. (5) To implement the community vision for Downtown Pasco expressed in the adopted Master Plan. 5.52.020 Permit Required. (1) No person shall operate a café in the public place without obtaining a Public Space Café Permit. (2) A Public Space Café permit expires if: the business changes ownership or the business vacates the premises, except when a permit transfer is approved by the Community & Economic Development Department; the Public Space Café permit duration expires; or Public Space Café permit fees are not paid. All permit - related encroachments shall be removed from the public place when the Public Space Café expires. (3) All Public Space Café permits are of a temporary nature and vest no permanent rights. The Community & Economic Development Department may suspend any Public Space Café permit for transportation mobility or public safety purposes. 5.52.030 Definitions. “Parklet” means the use of the sidewalk, planting strip, curb space, alley, or parking space by the City as a temporary or semi-permanent public space. “Pedestrian Clear Zone” means an area of the sidewalk reserved for pedestrians and free of elements such as street furniture, planters, fire hydrants, and street trees. “Public Space Café” means t he use of the sidewalk, planting strip, curb space, alley, or parking space by an adjacent restaurant, café, or bar into a temporary or semi-permanent area for use by patrons. Note: The photos below are examples of public space uses and are not intended to serve as regulations or standards as part of this code. Page 91 of 223 Ordinance Amending Title 5 and Title 25 - 4 Figure 1: A Public Space Café using sidewalk space adjacent to the business frontage to provide additional seating for customers. Figure 2: A Public Space Café positioned between the sidewalk and the curb takes advantage of street trees to provide dappled shade to customers. Page 92 of 223 Ordinance Amending Title 5 and Title 25 - 5 Figure 3: Parking spaces converted into a Public Space Café using a platform to meet curb grade. Figure 4: A parklet design turns parking spaces into a public area with swings and tables. 5.52.040 Eligibility. (1) Applicants for a Public Space Café Permit must be businesses licensed under this chapter to sell food or beverage in Pasco. Page 93 of 223 Ordinance Amending Title 5 and Title 25 - 6 (a) Business must have building frontage in Pasco on a street with a speed limit of 30mph or less. (b) Business frontage shall not be designated as a Freight Corridor by the most recent Transportation Master Plan. Businesses within the Downtown Zoning District shall be exempt from this restriction. 5.52.050 Terms and Conditions. (1) A Public Space Café may be permitted for sidewalks, parking spaces, alley ways or other public spaces abutting the eligible business’s property. Public Space Cafés may be approved to extend into the public place abutting an adjacent property at the discretion of the Community & Economic Development Department. (2) Movable furniture must be cleared when not in use. Furniture may be stored within the Public Space Café given it is secured, stacked, and does not obstruct the passageway. Built-in furniture and heavy furniture such as picnic tables may remain in place when not in use. (3) Amplified sound shall adhere to PMC 9.130. (4) The installation of any permanent fixtures or breaking of surfaces shall require City approval. (5) Structures, site furnishings, and café area shall be continuously maintained by the permittee as approved on the issued permit, and shall be kept clean and in good repair. (6) Only materials and supplies used by the permittee for the daily operation of the Public Space Café may be located within the Public Space Café extents. The permittee shall not store other supplies or other materials in the Public Space Café unless otherwise authorized by Public Space Café permit. (7) The Community & Economic Development Director may suspend or revoke the permission granted if the applicant violates this chapter, any implementing rules, or the terms and conditions of the permit. 5.52.060 Design Standards. Obtaining a permit for a Public Space Café is contingent upon adhering to the following design standards. In cases where compliance is not feasible, the Community & Economic Development Department may work with the applicant to determine a solution and issue a permit at their discretion. (1) The placement of a Public Space Café shall not obstruct vehicular traffic or the use of any crosswalk, wheelchair ramp, bus, or taxi zone. Page 94 of 223 Ordinance Amending Title 5 and Title 25 - 7 (2) Pedestrian clear zone. (a) Use of sidewalks shall not reduce pedestrian clear zone to less than 3 feet. Figure 5: The location of the sidewalk cafe shall not reduce or obstruct the pedestrian clear zone to less than six feet to the obstruction. (3) Perimeter treatments. (a) Public Space Cafés require a barrier 30” tall or greater around all sides of the café that border a travel lane or parking lane. Planter boxes are permitted to be used as barriers. (b) Alcohol: (i) If alcohol will be consumed at a Public Space Café, there must be a temporary or permanent 42 inch barrier around the sidewalk café, or businesses may apply to use only demarcations (café markers) by submitting an Alteration Request Form to the Washington State Liquor and Cannabis Board. (ii) If alcohol will be consumed at Public Space Café located in a parking space, there must be a temporary or permanent 42 inch barrier around all sides adjacent to a travel lane or parking lane. (c) Fencing shall allow for visibility into and out of the café. (d) Upon approval of a Public Space Café that uses the sidewalk, the City shall issue Café Markers, which are to be installed at corners and at maximum 10’ apart to mark the Café extents. Page 95 of 223 Ordinance Amending Title 5 and Title 25 - 8 Figure 6: Café markers will be issued by the City and shall be installed at corners of café and at maximum 10 feet apart to mark the Café extents. (4) Setbacks. (a) A setback of 5 feet or greater from curb ramps, traffic signs, utility poles, fire hydrants, bike racks, and other street fixtures is required. (b) Public Space Cafés using the sidewalk: (i) A setback of 3 feet or greater from the front of the curb is required wherever a café abuts a parking lane. (ii) A setback of 10 feet or greater from the Corner Curb Radius Area is required. (c) Public Space Cafés using one or more parking spaces: (i) A setback of 1 foot or greater from adjacent travel or bicycle lane is required. (ii) A setback of 2 feet or greater is required from adjacent parking spaces. Buffer space may be used for planters. (iii) A setback of 5 feet or greater is required from handicapped parking spaces. Page 96 of 223 Ordinance Amending Title 5 and Title 25 - 9 Figure 7: A 3-foot setback from the front of the curb is required. A 5-foot setback is required from street fixtures such as utility poles, bike racks, etc. A 10-foot setback is required from the Corner Curb Radius. Figure 8: Café must be set back 1 foot from adjacent travel or bicycle lane. (5) Vertical elements. (a) Overhead features may not extend into the travel lane and must provide at least 8’ of clearance if over the sidewalk. Page 97 of 223 Ordinance Amending Title 5 and Title 25 - 10 Figure 9: Overhead features may not extend beyond the street edge and must provide at least 8 feet of clearance if over the sidewalk. (6) Ground plane elements. (a) If Public Space Café is on a platform, the platform must be flush with the top of the curb. (7) Lights and Electrical Elements. (a) Electrical cords may not be placed on the pedestrian path of travel. (b) Use of extension cords is limited to periods not exceeding 90 days, in accordance with International Fire Code 603.8. 5.52.070 Conversion of parking spaces for a Public Space Café. (1) Each eligible food and beverage service business may request approval to convert legal parking spaces along their building frontage in the following amounts: (a) 1 to 2 parallel on-street parking spaces. (b) 2 to 3 angled parking spaces or 90 degree parking spaces. (c) In the case of parallel parking with no demarcation of spaces, applicant can request up to 40 linear feet of space parallel to sidewalk, and shall work with Community & Economic Development Department to ascertain the most appropriate configuration. Page 98 of 223 Ordinance Amending Title 5 and Title 25 - 11 Figure 10: Public Space Cafés may occupy 1-2 parallel parking spaces. These cafes must be set back 2 or more feet from adjacent parking spaces and 1 or more feet from the adjacent travel lane. Figure 11: Public Space Cafés may occupy 1-3 angled parking spaces. These cafes must be set back 2 or more feet from adjacent parking spaces and 1 or more feet from the adjacent travel lane. (2) The City shall consult with Franklin Transit regarding stalls sited near bus stops. (3) Parklets and Public Space Cafés shall not block storm drains. 5.52.080 Application. (1) All requests for a Public Space Café Permit shall be made on the form provided by the city, which will be reviewed by the Community & Economic Development Department. Page 99 of 223 Ordinance Amending Title 5 and Title 25 - 12 (2) Applicants shall be required to provide proof of liability insurance, naming the City of Pasco as an additional insured in the amount of $1,000,000; (3) Built structures such as platforms or overhead structures are subject to additional review. Section 3. That Chapter 5.75 entitled “Itinerant Merchants and Mobile Venders” of the Pasco Municipal Code shall be and hereby is amended and shall read as follow: Chapter 5.75 ITINERANT MERCHANTS AND MOBILE VENDORS Sections: 5.75.010 License Required Purpose and Intent. 5.75.0105.75.020 License required. 5.75.0205.75.030 Definitions. 5.75.0305.75.040 Exemptions. 5.75.0405.75.050 Application. 5.75.050 Investigation and determination. 5.75.060 Terms of licenses. 5.75.070 Exhibition of license – Transfer. 5.75.080 Health regulation. 5.75.090 Stationary vendor standards. Mobile vendor typical locations. 5.75.100 Mobile vendor standards. 5.75.110 Revocation of license. 5.75.120 Appeal. 5.75.130 Penalty. 5.75.010 Purpose and Intent: (1) To expand and promote opportunities for mobile vending in Pasco. (2) To support small businesses and showcase local products. (3) To provide a clear, concise, and user-friendly process for review and approval of applications for mobile vending. (4) To ensure that public spaces are used in a manner that is safe and inviting for all. (5) To implement the community vision for Downtown Pasco expressed in the adopted Master Plan. Page 100 of 223 Ordinance Amending Title 5 and Title 25 - 13 5.75.0105.75.020 License required. It shall be unlawful for an itinerant a mobile vendor to engage in business within the City of Pasco except when licensed as provided in PMC 5.05.020, in compliance with the provisions of this chapter. A separate license shall be required for each location of any stationary vendor and for each vehicle or other conveyance engaged by a mobile vendor. [Ord. 4372 § 23, 2017; Ord. 2826 § 1, 1991; Code 1970 § 5.10A.010.] 5.75.0205.75.030 Definitions. The following terms and definitions shall be used in the administration of this chapter: “Concessionaire” means a person, firm or corporation operating or maintaining a concession stand for the sale of food in the public parks, in the City, or on other public property, in accordance with an agreement or franchise therefor. “Food” shall have its usual and ordinary meaning, and shall include all items designed for human consumption, including, but not limited to candy, gum, popcorn, hot dogs, sandwiches, peanuts, soft drinks and dairy products. “Itinerant vendor” Mobile vendor shall mean any person, firm or corporation, whether as owner, agent, consignee, or employee, whether a resident of the City or not, who engages in a business of selling and delivering goods, wares, food or merchandise of any kind or description, who conducts such a business outside of a permanent structure affixed to real property. A person, firm or corporation so engaged shall not be relieved from complying with the provisions of this chapter merely by reason of associating temporarily with any local dealer, trader, merchant or auctioneer, or by conducting such temporary business in connection with, as part of, or in the name of any local dealer, trader, merchant or auctioneer. “Mobile vendor” means an itinerant vendor who conducts business from a vehicle or other conveyance upon public streets, sidewalks, alleys, or other public ways of the City. “Pedestrian clear zone” means an area of the sidewalk reserved for pedestrians and free of elements such as street furniture, planters, fire hydrants, and street trees. “Public celebration” means Independence Day activities or refers to any other kind of public celebration designated by the City Council, such as Memorial Day or Labor Day, and such events as sidewalk sales and street fairs, which may be organized by the Pasco Downtown Development Association or Chamber of Commerce and officially authorized by the City Council. Page 101 of 223 Ordinance Amending Title 5 and Title 25 - 14 “Stationary vendor” means an itinerant vendor who conducts business from a vehicle or other conveyance upon privately or publicly owned property, but not on a public street, sidewalk, alley or public way of the City. [Ord. 3560 § 11, 2002; Ord. 2826 § 1, 1991; Code 1970 § 5.10A.020.] 5.75.0305.75.040 Exemptions. The provisions of this chapter shall not be construed to apply to the following: (1) Persons selling only fruits, vegetables, berries, eggs or any farm produce or edibles raised, gathered, produced or manufactured by such persons in the State of Washington per RCW 36.71.090. (2) Persons selling only trees used for the celebration of the Christmas season. [Ord. 2826 § 1, 1991; Code 1970 § 5.10A.030.] 5.75.0405.75.050 Application. Any person, firm, or corporation desiring to secure a license as a stationary or mobile vendor shall make application through Business Licensing Service, and supply supplemental information on forms to be provided by the City. Such supplemental information shall provide: (1) The name or names and address of the applicant; vehicle license numbers of all vehicles from which the applicant proposes to conduct business; description of the general type of goods, wares, merchandise or food proposed to be sold by the applicant; the place or places where the applicant proposes to engage in business; (2) Each application shall be accompanied with the license fee as provided for in this chapter; (3) Each license application for a stationary vendor shall be accompanied with the following information to establish compliance with PMC 5.75.090 and other applicable code provisions: (a) A notarized written authorization from the business owner to conduct the applicant’s business at the place so noted on the application. (b) A statement explaining the method of trash and litter disposal being proposed by the vendor. (c) A drawing of a scale not greater than 50 feet per inch and not less than 10 feet per inch, which drawing shall depict the following information: (i) The portion of the property to be occupied by the business; (ii) The portion of the property to be used for automobile parking and the number of automobiles accommodated in said area; (iii) The location of driveways providing ingress and egress to the property; (iv) The location of existing buildings and structures located on the property, noting the use of each building or structure so identified. Page 102 of 223 Ordinance Amending Title 5 and Title 25 - 15 Mobile vending in Pasco requires a Mobile Vending License, which may be issued upon completion of application through the Business Licensing Service. [Ord. 4372 § 24, 2017; Ord. 2826 § 1, 1991; Code 1970 § 5.10A.040.] 5.75.050 Investigation and determination. Upon receipt of the required supplemental information, the City Clerk shall cause such investigation of such person’s or persons’ business responsibility to be made as is deemed necessary to the protection of the public good and shall refer to the application to the Community and Economic Development Department for its determination as to compliance with standards and requirements of this chapter. An application shall be denied by the City Clerk upon written findings that the applicant’s business responsibility is unsatisfactory or that the proposed business activity will violate any applicable law, rule or regulation. Any license issued under this chapter shall contain the number on the license, the date same was issued, the nature of the business authorized to be carried on, the amount of license fee paid, the expiration date of said license, the place where said business may be carried on under such license and the name or names of the person or persons authorized to carry on the same. The City Clerk shall keep a record of all licenses issued under this chapter and shall promptly provide the Washington State Department of Revenue a copy of any license issued under this chapter. [Ord. 4372 § 25, 2017; Ord. 2826 § 1, 1991; Code 1970 § 5.10A.050.] 5.75.060 Term of licenses. All licenses shall be for a period of one year, unless otherwise provided therein. [Ord. 4372 § 27, 2017; Ord. 2826 § 1, 1991; Code 1970 § 5.10A.070.] 5.75.070 Exhibition of license – Transfer. (1) Any license issued under this chapter shall be posted conspicuously at the place of business authorized therein. (2) Any license issued under this chapter shall not be transferred to any other person, firm, corporation or location. [Ord. 2826 § 1, 1991; Code 1970 § 5.10A.080.] 5.75.080 Health regulation. All food vendors shall comply with all laws, rules and regulations regarding food handling, and all vehicles used for the sale of food shall comply with all the laws, Page 103 of 223 Ordinance Amending Title 5 and Title 25 - 16 rules and regulations respecting such vehicles as established by the Benton- Franklin Health Department and as set forth in the Pasco Municipal Code. [Ord. 2826 § 1, 1991; Code 1970 § 5.10A.090.] 5.75.090 Stationary vendor standards. All stationary vendors licensed under this chapter shall conform to the following standards: (1) No stationary vendor shall be licensed for a location in a residential zoning district or office district, as defined in PMC Title 25; (2) Stationary vendors shall be licensed only at those sites on which there is a permanent business operating and licensed under PMC Title 5; (3) No stationary vendor shall locate his or her vehicle, other conveyance, or temporary stand within 20 feet of any public right-of-way or within 20 feet of the intersection of any public right-of-way and private driveway; (4) No signs or signage shall be permitted other than that which can be contained on the vehicle or conveyance utilized to sell food; (5) No vehicle, other conveyance or temporary stand shall be located closer than 20 feet from any building or structure on the licensed property or adjoining property; (6) No vehicle, other conveyance or temporary stand shall locate closer than 50 feet from flammable, combustible liquid or gas storage and dispensing structures; (7) All stationary vendors shall place at least one 30-gallon garbage receptacle upon the site of business for customer use; (8) Licensed stationary vendor sites shall be cleaned of all debris, trash and litter at the conclusion of daily business activities; (9) All merchandise, goods, wares or food shall only be displayed or offered for sale from the vendor’s conveyance; (10) All vehicles, other conveyances or temporary stands shall be equipped with at least one 2A:40B:C fire extinguisher; (11) No stationary vendor shall be licensed to locate a vehicle, other conveyance, or temporary stand within 250 feet from another stationary vendor except where vendors are separated by a public street; (12) No stationary vendor may be licensed at a location if their vehicle, conveyance or temporary stand diminishes required off-street parking for the permanent business licensed on the site. 5.75.090 Mobile vendor typical locations. Mobile vendors shall obtain a Mobile Vending Permit, which specifies where and when they may vend. (1) Public or private property. Page 104 of 223 Ordinance Amending Title 5 and Title 25 - 17 (a) Mobile vendors on public or private property, such as a vacant lot or parking lot, are required to maintain an agreement with the property owner, either via the Mobile Location Agreement completed for the Benton Franklin Health District permit or through a notarized written authorization from the owner of the property on which they plan to operate. (2) Public Space Vending. (a) Mobile vendors may be permitted for use of one or more parking spaces, sidewalk areas, park areas, or other public ways. This area will be specified on the Mobile Vending Permit, along with the hours during which they are permitted to vend. (b) Restrictions. Mobile vendors shall not be authorized to vend in the following locations: (i) Within bus stops, loading areas, or ADA parking spaces. (ii) Within 5 feet of an alley or driveway apron. (iii) Within 15 feet of a fire hydrant. (iv) In any location that inhibits the operation, maintenance, visibility, or functionality of any utilities or street fixtures. (3) Route vending. Some Mobile vendors move more frequently and establish their typical route with the Benton Franklin Health District. Their permit may not specify their exact location, and thus they shall adhere to the restriction below. These restrictions also apply to permitted vendors who make use of public space not specified on their permit. (a) Mobile Vendors may vend in legal parking spaces for up to two hours per location. (b) Mobile vendors using food carts may vend on sidewalks and public plazas for up to two hours per location. Vendors must not obstruct wheelchair ramps or building entrances. Their presence on the sidewalk shall not reduce the Pedestrian Clear Zone to less than 3 feet. (4) Zoning Restrictions. The regular use of public ways, public and private lots is intended for commercial and industrial areas where people come to work and frequent Page 105 of 223 Ordinance Amending Title 5 and Title 25 - 18 businesses. As such, Mobile Vending Permits for use of public ways, public or private lots will not be issued for locations in residential areas. [Ord. 3624 § 1, 2003; Ord. 2826 § 1, 1991; Code 1970 § 5.10A.100.] 5.75.100 Mobile vendor standards. All mobile vendors licensed under this chapter shall conform to the following standards: (1) Geographical Restrictions. No mobile vendor shall sell or vend from his or her vehicle or conveyance: (a) Within 400 feet of any public or private school grounds during the hours of regular school session, classes, or school-related events in said public or private school, except when authorized by said school; or (b) Within 300 feet of the entrance to any business establishment offering as a main featured item or items similar products for sale which is open for business; or (c) Within 300 feet of any restaurant, cafe, or eating establishment which is open for business; or (d) Within 300 feet of any public park of the City where any City-authorized concession stand is located during times other than during the course of a public celebration except as approved by the Parks and Recreation Department of the City; or (e) Within 300 feet of any public park of the City where any City authorized concession stand is located during the course of a public celebration when nonprofit organizations are permitted to engage in the sale of merchandise and food in such park; or (f) Within any one block for more than one hour in any four-hour period; except this shall not apply in those situations where the mobile vendor is serving organized and sanctioned community-sponsored ball games at public parks and schools provided there is no City-approved concession in the park or at the school. (2) No mobile vendor shall conduct business so as to violate the traffic and sidewalk ordinances of the City as now in effect or hereafter amended. (3) No mobile vendor shall obstruct or cause to be obstructed the passage of any sidewalk, street, avenue, alley or any other public place, by causing people to congregate at or near the place where food is being sold or offered for sale. (4) No customer shall be served on the street side of the mobile unit. All service must be on the curb side when the mobile unit is on or abutting a public street. (5) All mobile vendors shall provide garbage receptacles for customer use. (6) No mobile vendor shall locate his or her vehicle or other conveyance in such a manner as to cause a traffic hazard. (7) At the conclusion of business activities at a given location the mobile vendor shall clean all the public way surrounding his or her vehicle of all debris, trash and litter generated by the vendor’s business activities. (8) All mobile vendors preparing food by cooking, frying or other means shall be equipped with at least one 2A:40B:C fire extinguisher. Page 106 of 223 Ordinance Amending Title 5 and Title 25 - 19 (9) All mobile vendors shall conclude daily business activities at sunset. (1) Pedestrian and vehicular safety. (2) (a) No mobile vendor shall conduct business so as to violate the traffic and sidewalk ordinances of the City as now in effect or hereafter amended. (3) (b) No mobile vendor shall obstruct or cause to be obstructed the passage of any sidewalk, street, avenue, alley or any other public place, by causing people to congregate at or near the place where food is being sold or offered for sale. (4) (c) No customer shall be served on the street side of the mobile unit. All service must be on the curb side when the mobile unit is on or abutting a public street. (5) All mobile vendors shall provide garbage receptacles for customer use. (6) (d) No mobile vendor shall locate his or her vehicle or other conveyance in such a manner as to cause a traffic hazard. (e) Mobile vendors using sidewalk shall maintain 3 feet of pedestrian clear zone. (7) (2) At the conclusion of business activities at a given location, the mobile vendor shall clean all the public way surrounding his or her vehicle of all debris, trash and litter generated by the vendor’s business activities. Vendors associated with a public or private lot shall provide a trash receptacle or otherwise ensure that their space is kept clean. (3) Fire safety: (a) It is recommended that Mobile Vendors using heat or flames are inspected annually by the Pasco Fire Department. (9) All mobile vendors shall conclude daily business activities at sunset. (3) Conveyances: Only vendors using food trucks or push carts may be permitted for public space vending. Tents may be used to provide shade for cart vendors but shall not be used to display merchandise. [Ord. 2826 § 1, 1991; Code 1970 § 5.10A.110.] Page 107 of 223 Ordinance Amending Title 5 and Title 25 - 20 5.75.110 Revocation of license. Any license issued pursuant to this chapter may be revoked, in writing, by the City Manager Community & Economic Development Director for any of the following causes: (1) Any fraud, misrepresentation or false statement contained in the application for license; (2) Any fraud, misrepresentation or false statement made in connection with the selling of products; (3) Any violation of this chapter; (4) Conviction of the licensee of any felony or of a misdemeanor involving moral turpitude; or (5) Conducting the business licensed under this chapter in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public. [Ord. 2826 § 1, 1991; Code 1970 § 5.10A.120.] 5.75.120 Appeal. Any person aggrieved by the denial of an application for a license or by the revocation of a license as provided for in this chapter shall have the right to appeal to the City Council City Hearing Examiner. Such appeal shall be taken by filing with the City Clerk Community & Economic Development Director within 14 calendar days after the notice of decision has been mailed, by certified mail, to the applicant’s or licensee’s last known address, a written statement setting forth the grounds for the appeal. The Council shall set the time and place for hearing on such appeal and notice of such hearing shall be given by certified mail to the appellant at least five calendar days prior to the date fixed for such hearing. [Ord. 2826 § 1, 1991; Code 1970 § 5.10A.130.] [Ord. 2826 § 1, 1991; Code 1970 § 5.10A.130.] 5.75.130 Penalty. Any person, firm or corporation violating any of the provisions of this chapter shall have committed a code infraction and shall be subject to the provisions of Chapter 1.40 PMC. The first offense shall be subject to a $100.00 penalty, the second offense shall be subject to a $500.00 penalty, and the third offense in any two-year period shall cause the vendor to be ineligible for a license under this chapter for a period of 90 days. Page 108 of 223 Ordinance Amending Title 5 and Title 25 - 21 [Ord. 3624 § 2, 2003; Ord. 2826 § 1, 1991; Code 1970 § 5.10A.140.] Section 4. That Section 25.15.080 entitled “F definitions” of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 25.15.080 F definitions. A “factory-assembled home” is defined as either: (a) A factory-built structure that was constructed in accordance with the U.S. Department of Housing and Urban Development requirements and bearing an appropriate Department of Labor and Industries insignia indicating such compliance; or (b) A factory-built structure designed for human occupancy, which is entirely or substantially prefabricated or assembled at a place other than a building site and is transported to a building site on streets or highways and there affixed to a permanent foundation. A factory-assembled home must be constructed to International Building Code standards as adopted by the City of Pasco for on-site construction, the Washington State Energy Code and all other codes adopted by the City of Pasco governing the construction of residential structures. (c) Where a “factory-assembled home” is permitted within a zoning designation, it may be permitted only as one of the allowed housing types within that zone (e.g. single-family home), including as an accessory dwelling unit; provided, it meets the applicable criteria for that housing type and zoning designation. “Family” means one or more persons (but not more than six unrelated persons) living together as a single housekeeping unit. For purposes of this definition and notwithstanding any other provision of this code, children with familial status within the meaning of 42 USC § 3602(k) and persons with handicaps within the meaning of 42 USC § 3602(h) will not be counted as unrelated person. “Food Truck Park” is a lot that is primarily used for mobile vending, services related to mobile vending, and mobile vending customers. This may be on a lot that also contains a building, or on an open lot with no buildings. Food Truck Parks may contain temporary or permanent seating areas, pathways, and other amenities to support the outdoor dining experience. This definition does not apply to use of a parking lot by one or more food trucks, whereby the primary function of the lot is for parking. [Ord. 4575 § 4, 2022; Ord. 4110 § 5, 2013; Ord. 3354 § 2, 1999; Code 1970 §§ 25.12.190 – 25.12.195.] Page 109 of 223 Ordinance Amending Title 5 and Title 25 - 22 Section 5. That Section 25.15.220 entitled “T definitions” of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 25.15.220 T definitions. “Temporary business” means an itinerant vendor as defined under PMC 5.75.020 5.75.030 and any business licensed as a temporary special sales event out of doors and not included within the business activity licensed for the permanent business located on the lot. [Ord. 4066 § 3, 2012; Ord. 3354 § 2, 1999; Code 1970 §§ 25.12.445 – 25.12.456.] Section 6. That Section 25.130.100 entitled “Temporary business standards” of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 25.130.100 Temporary business standards. (1) Temporary businesses are only permitted on lots that are fully developed with curb, gutter and sidewalk and improved with parking lots, landscaping and buildings. (2) Temporary businesses must be located at least 300 feet from the property line of any residentially zoned property. (3) Goods, wares and merchandise of any kind can only be displayed or offered for sale from the temporary business vehicle or conveyance. (4) Only one temporary business vehicle is permitted per licensee and lot or parcel. (5) Temporary businesses must be located at least 300 feet apart. (6) No ancillary or accessory equipment of any kind is permitted to be used with a temporary business, including but not limited to: tables, chairs, benches, picnic tables, umbrellas, propane tanks, tents, awnings, carport structures, satellite dishes, recreational equipment, amusement devices, entertainment equipment, portable or temporary shelters, portable heaters, temporary lighting fixtures, decorative lighting, coolers not located on the business vehicle, freezers/refrigerators not located on the business vehicle, carpet, fencing, and faux landscape elements. (7) No parking lot modifications are permitted for the location of temporary businesses, including but not limited to: curbing, concrete slabs, decking and patios. (8) Signage is only permitted on the temporary business vehicle and not on public right-of-way or in parking lots. Page 110 of 223 Ordinance Amending Title 5 and Title 25 - 23 (9) No advertising for services, activities and products that are not available on or from the temporary business vehicle is permitted. (10) Temporary businesses must be located at least 25 feet from any public right- of-way. (11) Temporary businesses must locate in an area of the parking lot that will not impede fire lanes or the use of drive aisles within and around parking lots. (12) Required off-street parking cannot be diminished by the location and operation of a temporary business. (13) The above is not applicable to food trucks and other mobile vendors. These businesses shall adhere to PMC 5.75 and PMC 25.165.215. [Ord. 4288 § 1, 2016; Ord. 3972 § 3, 2010; Code 1970 § 25.58.095.] Section 7. That a new Section 25.165.215 entitled “Food Truck Parks” of the Pasco Municipal Code shall be and hereby is created and shall read as follow: 25.165.215 Food Truck Parks. (1) Purpose: (a)_ To allow for Food Truck Parks as a semi-permanent land use where food trucks and other mobile vendors can station themselves to provide regular service to customers. (b) To support small businesses and generate economic activity in Pasco by creating hubs for local food, outdoor dining, light recreation, and gathering. (c) To encourage mobile vending by creating centralized hubs for resources such as commercial kitchens, bathrooms, and approved discharge areas. Page 111 of 223 Ordinance Amending Title 5 and Title 25 - 24 Figure 1: Summer's Hub in Kennewick acts as a local hub for mobile vendors and customers. An on-site commercial kitchen supports vendor operations, and a dining area with picnic tables and string lights invites customers to eat and gather. Figure 2: A food truck park in West Hartford is developed with a paved path and features a seating area surrounding a fire pit. (2) Design and Operation Standards Page 112 of 223 Ordinance Amending Title 5 and Title 25 - 25 Food Truck Parks, as defined in PMC 25.15.080, are subject to the following general requirements: (a) Design and use of site must adhere to all applicable laws that apply to permanent use of the lot. (b) All vendors must hold a Pasco Mobile Vending License and be permitted for use of the site pursuant to PMC 5.75.090. (c) Any business-related discharge into the sanitary or sewer systems requires the written approval from the City. (d) The use of tents and membrane structures larger than 400 square feet requires City approval to ensure compliance with IFC 3103.2 or most up- to-date IFC guidance for tents and membrane structures. (e) No structure or temporary use may be within five feet of any right- of-way. (f) There must be adequate provisions made for dust and litter control. (3) Food Truck Parks are not considered Temporary Businesses and are thus not subject to Temporary Business standards or regulations. (4) Permit and Application (a) The applicant must submit the notarized written consent from the property owner for the use of the premises if the applicant is not the owner. (b) Applicant must possess a City of Pasco business license. (c) The City of Pasco shall maintain an application and submittal requirements to obtain a Food Truck Lot Permit. Section 8. That Section 25.127.070 entitled “Development standards” of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 25.127.070 Development standards. (1) All structures, uses, and shoreline modifications shall comply with the City of Pasco Shoreline Master Program (Chapter 29.15 PMC), where applicable. (2) Minimum Density. (a) Commercial, office, education and government uses: none. Page 113 of 223 Ordinance Amending Title 5 and Title 25 - 26 (b) Residential uses: 14 units/net acre average for residential portions of Osprey Pointe (net acre excludes infrastructure, such as roads, utility easements, stormwater infrastructure, and excludes critical areas, and applies to the entire Osprey Pointe rather than to individual developments). Additionally, residential uses shall not comprise more than 50 percent of the gross land area within Osprey Pointe. (c) Residential uses: the minimum density is seven units per net acre. For the purposes of this subsection, net acre excludes infrastructure (such as roads, utility easements, stormwater infrastructure), excludes critical areas, and excludes other unbuildable areas such as any required landscape buffer areas, fire lanes and parking lots, and applies to the entire MU district rather than to individual developments. (3) Minimum Lot Area at Osprey Pointe. (a) Commercial, office, education and government uses: none. (b) Residential uses: 1,000 square feet (single-family detached), 1,500 square feet per unit (duplex and single-family attached). There is no minimum lot area for multifamily dwellings. (4) Minimum Lot Width at Osprey Pointe. (a) Commercial, office, education and government uses: none. (b) Residential uses: 35 feet (single-family detached), 20 feet per unit (duplex and single-family attached). There is no minimum lot width for multifamily dwellings. (5) Lot Coverage at Osprey Pointe. Dictated by parking requirements, setbacks and landscaping. (6) Dimensional Standards for Lots Not Located at Osprey Pointe. The following standards shall apply except in cases of a binding site plan or zero-lot- line development (in which cases there are no minimums): (a) Minimum Lot Area. (i) Commercial, office, education and government uses: none. (ii) Residential uses: 1,000 square feet (single-family detached), 1,500 square feet per unit (duplex and single-family attached). There is no minimum lot area for multifamily dwellings. (b) Minimum Lot Width. Page 114 of 223 Ordinance Amending Title 5 and Title 25 - 27 (i) Commercial, office, education and government uses: none. (ii) Residential uses: 35 feet (single-family detached), 20 feet per unit (duplex and single-family attached). There is no minimum lot width for multifamily dwellings. (c) Lot Coverage. All other uses: dictated by parking requirements, setbacks and landscaping. (7) Minimum Yard Setbacks – Front. (a) Commercial, office, education and government uses: none. (b) Residential uses: 10 feet (single-family detached and attached, and duplexes), 20 feet (garden-style apartments/condominiums), none for multifamily adjacent to commercial areas or in mixed-use buildings. (8) Minimum Yard Setbacks – Interior Side Yard. (a) Commercial, office, education and government uses: none. (b) Residential uses: five feet (for primary structures in single-family detached and attached, and duplexes; however, the minimum yard setback is reduced to three feet where fire barriers are provided for buildings), 15 feet from other buildings (garden-style apartments/condominiums), none for multifamily adjacent to commercial areas, in mixed-use buildings or for zero-lot-line development. (9) Minimum Yard Setbacks – Street Side Yard and Rear. (a) Commercial, office, education and government uses: none. (b) Residential uses: 10 feet (single-family detached and attached, and duplexes; however, the minimum setback for detached garages is three feet), 20 feet from other buildings (garden-style apartments/condominiums), none for multifamily adjacent to commercial areas or in mixed-use buildings. (10) Maximum Building Height. (a) At Osprey Pointe. (i) Commercial, office, education and government uses: 60 feet. Page 115 of 223 Ordinance Amending Title 5 and Title 25 - 28 (ii) Residential uses: 35 feet (single-family detached and duplexes), 40 feet (single-family attached and garden-style apartments/condominiums), 90 feet (multifamily adjacent to commercial areas or in mixed-use buildings). (b) At All Other Locations. (i) Commercial, office, education and government uses: maximum 85 feet, except a greater height may be approved by special permit. (ii) Residential uses: maximum 15 feet for accessory buildings; maximum 40 feet for detached single-family, duplexes; maximum 45 feet for garden-style courtyard apartments/condominiums; maximum 90 feet for multifamily adjacent to commercial areas or in mixed-use buildings; except that in all cases a greater height may be approved by special permit. (iii) Nothing in this chapter precludes the use of rooftop decks or permitted uses to be permitted on the roof; provided, that building codes are met. (11) Fences and Hedges. (a) Fences and walls shall meet the requirements of Chapter 25.180 PMC, with the following exceptions: (i) Fences and walls shall be constructed using a combination of natural materials such as wood, stone, or brick, including those on industrially used properties. (ii) Barbed wire and electrified fencing are prohibited on all properties. (12) Parking and Loading. (a) All new uses in the MU district must provide parking in accordance with Table 25.127(1). The Community and Economic Development Director may approve ratios lower than the minimum if the new use provides bicycle parking, includes access to an improved bus stop, or will have shared parking spaces. See subsections (12)(d), (e), and (f) of this section pertaining to parking reductions. The Community and Economic Development Director shall determine parking requirements for unlisted uses. Uses which are not listed in the table shall have parking requirements of the nearest analogous use which is included in the table, as determined by the Community and Economic Development Director. If the number of Page 116 of 223 Ordinance Amending Title 5 and Title 25 - 29 minimum off-street parking spaces required in Table 25.127(1) contains a fraction, the number shall be rounded up if the fraction is equal to or greater than one-half and rounded down if less than one-half. (b) On-street parking or off-street public parking lots may be used in combination with dedicated off-street parking to accommodate parking demand from individual developments. (c) On-street and off-street public parking may be time-limited, metered, or otherwise restricted in order to ensure that parking demand from individual developments does not adversely impact parking availability for the district as a whole and may be managed by either the Port (in the case of Osprey Pointe property), City or an association/business entity (depending on public or private ownership). Parking spaces must be located within 500 feet of the proposed use unless the use is listed under the “Recreational and Entertainment Use” category in Table 25.127(1) in which case parking may be located off site; provided, that if the parking facility is under different ownership, a written agreement or lease is required. No more than 30 percent of the minimum parking requirement for an individual use may be on-street spaces or off-street public spaces more than 500 feet away from the proposed use except as noted above. (d) Bicycle Parking Reduction. For every five bicycle parking spaces provided, the number of vehicle parking spaces may be reduced by one up to maximum of 10 percent of the minimum number of spaces otherwise required. (e) Transit Reduction. If a site is within one-quarter mile of a current, planned, or proposed public transportation facility or service, the required number of parking stalls may be reduced by 10 percent. (f) Shared Uses. Owners of two or more uses, structures, or parcels of land within 500 feet of each other may share the same parking area when the hours of operation do not overlap. Whenever shared parking is allowed under this section, the parking lot shall be signed so as to reasonably notify the public of the availability of use, and spaces shall not be assigned, allocated or reserved between uses; a notarized and recorded parking agreement shall be required for shared parking between two or more separate tax parcels under separate ownership. (g) Special event parking lots used on an infrequent basis such as those associated with seasonal play fields shall be exempt from provisions of this chapter. Page 117 of 223 Ordinance Amending Title 5 and Title 25 - 30 (h) No boat, motor home, camp trailer, trailer, fifth wheel, pickup camper, snowmobile, or utility trailer as defined in this title shall be stored or maintained on any public street, right-of-way, or other public areas. Table 25.127(1). Number of Minimum Required and Maximum Allowed Parking Spaces by Use in the MU District Use Category Minimum Maximum COMMERCIAL, OFFICE, EDUCATIONAL, AND GOVERNMENT USES Churches, places of worship, clubs, fraternal societies 1 per 100 square feet of main assembly area 1 per 60 square feet of main assembly area Commercial lodging (hotel, motel, bed and breakfast, short-term vacation rentals) 0.5 per room 1 per room Educational Uses Elementary schools 1 per classroom and 1 per employee 1.5 per classroom Middle schools 1 per classroom 2 per classroom High school 7 per classroom 10.5 per classroom Universities, colleges, business, professional, technical and trade schools 0.3 per full-time student and 0.8 per employee 0.5 per FTE student and 0.8 per employee Page 118 of 223 Ordinance Amending Title 5 and Title 25 - 31 Use Category Minimum Maximum Gyms or fitness centers 3 per 1,000 square feet of gross floor area 5 per 1,000 square feet of gross floor area Museums and art galleries 2.5 per 1,000 square feet of gross floor area 4 per 1,000 square feet of gross floor area Offices: administrative, professional, government 2 per 1,000 square feet of gross floor area when located on the ground floor; 1 per 1,000 square feet of gross floor area when located on floors above the ground floor 4 per 1,000 square feet of gross floor area when located on the ground floor; 1 per 1,000 square feet of gross floor area when located on floors above the ground floor Portable food vendors/food trucks None required None required Restaurants/ba rs/ breweries, wineries, and distilleries 0.5 per 3 seats 1.0 per 3 seats Page 119 of 223 Ordinance Amending Title 5 and Title 25 - 32 Use Category Minimum Maximum Retail sales and services 3 per 1,000 square feet of gross floor area 5 per 1,000 square feet of gross floor area Wholesale sales 3 per 1,000 square feet of gross floor area 5 per 1,000 square feet of gross floor area RESIDENTIAL USES Single-family detached 1 per unit 2 per unit Accessory dwelling units 0.5 per unit 1 per unit Single-family attached and two-family dwellings 1 per unit 2 per unit Multifamily dwellings 0.75 per unit 1.5 per unit Nursing homes and assisted living facilities 0.25 per bed 0.5 per bed RECREATIONAL AND ENTERTAINMENT USES Public and private parks and trails To be determined during land use approval process Event entertainment (indoor or outdoor)* *Does not apply to 1 per 8 seats 1 per 5 seats Page 120 of 223 Ordinance Amending Title 5 and Title 25 - 33 Use Category Minimum Maximum parking for special events such as but not limited to concerts or performances with conveyance options (such as shuttle buses or vans) or shared parking within walking distance Theaters 1 per 4 seats 1 per 2.7 seats INSTITUTIONAL USES Hospitals and clinics 1 per bed or exam room 1.5 per bed or exam room Police and fire stations 2 per 1,000 square feet of gross floor area 4 per 1,000 square feet of gross floor area (13) Landscaping. (a) Surface parking lots shall be landscaped in accordance with PMC 25.180.070. (b) Single-family detached and attached residences and duplexes shall be landscaped in accordance with PMC 25.180.050(4). (c) Single-use commercial property shall be screened in accordance with PMC 25.180.050(3). Commercially used property in multistory and/or mixed-use buildings is exempt from screening requirements. (d) No landscape areas shall contain artificial grass, trees, plants or other artificial materials as a live vegetative substitute. Page 121 of 223 Ordinance Amending Title 5 and Title 25 - 34 (e) There shall be at least one tree and three shrubs for every 300 square feet of landscaped area. (f) All landscape maintenance shall comply with the provisions of PMC 25.180.120. (g) Road Frontage. (i) Landscaped buffers on commercial properties adjacent to or across a public or private street or alley from residentially zoned properties must be a minimum of 15 feet in width and may additionally serve as a swale for stormwater; provided, that at least 50 percent of the total area is vegetated. Landscaped buffers may be substituted with a plaza with an average minimum width of 30 feet featuring two or more of the following features: street trees in pits, planters that are a minimum of three feet wide and three feet tall featuring vegetation, space for shaded outdoor seating (permanent or nonpermanent), benches, stamped concrete or pavers, protruding awnings, planted beds, ledges for seating, public art, monument signage, wayfinding signage; such plaza additionally serves to substitute for the need of any sidewalk; provided, that an eight-foot- wide unobstructed walking path is established and maintained. (ii) Landscaping in the unused portion of the right-of-way shall match the established landscaping pattern and theme for the street. (h) Pedestrian Walkways. (i) Excluding pedestrian connections through parking lots, walkways shall be landscaped their entire length. Trees shall be a minimum of three feet from sidewalks and curbs at the time of planting, except: (A) Where tree wells are utilized. (B) Where sidewalks exceed eight feet in width, in which case a five-foot walking area shall be reserved. (14) Transportation. (a) The internal transportation network of Osprey Pointe shall be designed to maximize multi-modal travel options. (b) All transportation infrastructure shall meet the intent of the City Complete Streets Ordinance (Chapter 12.15 PMC) and comply with the Page 122 of 223 Ordinance Amending Title 5 and Title 25 - 35 International Fire Code. Dedication of public right-of-way is not required when private streets are used. (15) Design Standards (Transportation Osprey Pointe). (a) Applicability. This section applies to development located at Osprey Pointe. (b) Speed limits: 20 miles per hour. (c) Sidewalk Widths. (i) Residential: minimum six feet. (ii) Commercial/mixed use: minimum: 10 feet. (d) Local Access Streets. (i) Driving lane minimum width: 11 feet. (ii) Parking lane minimum width: eight feet. (iii) Dedicated bicycle lane: minimum width: five feet (where included). (e) Alleys. (i) Minimum: 20-foot width. (f) Private Street/Lane. (i) Private street improvements for streets providing access to uses which are not single-family residential shall meet the standards for local access roads, at a minimum, with the exception being that sidewalk must be present on at least one side and on-street parking must be present on one side. This will result in a roadway section, with curb and gutter, that measures 31 feet back-to-back of curb. Street lighting will be provided per the type chosen at the developer’s discretion. (ii) Private street improvements for streets providing access to single-family residential uses shall be designed to meet International Fire Code requirements for fire apparatus, including pavement markings and signage for “No Parking – Fire Lane.” Sidewalks are not required when pedestrian paths are provided with a design accommodating pedestrian circulation which is separated from Page 123 of 223 Ordinance Amending Title 5 and Title 25 - 36 vehicle traffic movements. Streets lighting will be provided per the type chosen at the developer’s discretion. (iii) Private streets must not interfere with vehicle, public transportation, or nonmotorized access to public areas, and may not preclude the connection of the transportation system. (iv) Stormwater facilities must be designed to treat and retain all stormwater on site without any runoff entering City of Pasco right- of-way. (v) Every private street within the district shall be named, and names shall be clearly posted in accordance with the Manual on Uniform Traffic Control Devices (MUTCD) standard. (16) Design Standards (Transportation). (a) Applicability. This subsection does not apply to development located at Osprey Pointe. (b) All street improvements, grades, widths, construction, and design shall comply with the standards and specifications as set forth in the City’s adopted Standard Specifications, except as otherwise contained in this section. (c) Street layout must be designed for street connectivity between neighborhoods, be pedestrian and bicycle friendly, and promote function, safety and aesthetics with minimum adverse environmental impact. (d) Block Length. Blocks shall not exceed 660 feet unless no other practicable alternative is available, as determined by CED Director. (i) Exemptions may be permitted when one or more of the following conditions are met: (A) Physical characteristics preclude a block length of 660 feet or less. These conditions may include topography or the existence of physical features, including but not limited to wetlands, ponds, streams, channels, rivers, lakes or steep grades, or a resource under protection by state or federal law. (B) Buildings or other existing development on adjacent lands, including previously subdivided but vacant lots/parcels that physically preclude a block length of 660 feet or less, considering the potential for redevelopment. Page 124 of 223 Ordinance Amending Title 5 and Title 25 - 37 (C) Where the extension of a public street into the proposed development would create a block length exceeding 660 feet, the total block length shall be as close to 660 feet as possible. (D) Where block length exceeds the provisions of this section, a mid-block pedestrian and bicycle connection or accessway shall be provided. (e) Cul-de-Sac Streets. Cul-de-sacs are not permitted. However, subject to the following, a cul-de-sac street may be allowed where the CED Director determines that environmental or topographical constraints, existing development patterns, legal restrictions, or compliance with other applicable City requirements preclude a street extension. Where the City determines that a cul-de-sac is the only reasonable option, all of the following standards shall be met: (i) Cul-de-sac streets shall have a maximum length of 300 feet measured from their centerline intersection with the public access street right-of-way to the turnaround. (ii) The cul-de-sac shall provide, or not preclude the opportunity to later install, a pedestrian and bicycle access way between it and adjacent developable lands. (f) Private Streets. Private streets may be allowed subject to the following: (i) Private street improvements shall meet the standards for local access roads. (ii) An enhanced pedestrian path may be provided in lieu of sidewalk construction where the design to accommodate pedestrian circulation is separated from vehicle traffic movements. (iii) Street lighting will be provided per the type chosen at the developer’s discretion. (iv) Private streets must not interfere with vehicle, public transportation or nonmotorized access to public areas, and may not preclude the connection of the transportation system. (v) Stormwater facilities must be designed to treat and retain all stormwater on site without any runoff entering City of Pasco right- of-way. Page 125 of 223 Ordinance Amending Title 5 and Title 25 - 38 (vi) Every private street within the district shall be named, and names shall be clearly posted in accordance with the Manual on Uniform Traffic Control Devices (MUTCD) standard. (17) Building Design Standards. (a) Applicability. This subsection does not apply to development located at Osprey Pointe. (b) Intent. The intent of this subsection is to implement the goals and policies of the Comprehensive Plan by promoting high quality development using aesthetically pleasing designs, creating a safe pedestrian-oriented streetscape, upgrading Pasco’s visual identity, and reducing the impact of parking lots and blank walls. (c) All buildings within a multi-building complex must achieve unity of design through the use of similar architectural elements, such as roof form, exterior building design and materials, colors and window patterns. (d) All new buildings shall have exterior walls that are constructed of at least one but not more than three of the following materials: wood, brick, stucco, steel, block, glass, or composite materials and shall have textured, embossed, sculpted or painted finishes. Exterior walls must include more than two of the following architectural features: columns, pilasters, belt courses, brackets, arches, decorative molding, quoins and similar architectural features. Changes in materials shall occur at inside corners and not outside corners. (e) All new retail buildings shall have windows, doors or display areas that cover 50 percent of the ground floor frontage wall area (walls that face frontage streets). Structures facing residential zones or developments are not required to have a minimum amount of glass or display area but must have architectural design features and/or building modulation. (f) Pedestrian entries for all structures shall be visible from the frontage street, driveways, and off-street parking areas. Pedestrian entries must be emphasized through landscaped entry approaches consistent with the building design and theme, by the use of modulation to emphasize indentation or protrusion of that portion of the building containing the entrance, or by the inclusion of porte-cochere or other covered entry methods. (g) Signage affixed to the building must be no higher than the roofline of the building. Page 126 of 223 Ordinance Amending Title 5 and Title 25 - 39 (h) Wall-mounted electrical and mechanical equipment shall be located on the less visible side of the building and obscured from public view. (i) Parklets and Public Space Cafés are allowed and shall adhere to standards set forth in Chapter 5.52. Sidewalk Seating. Any food or drink establishment may provide sidewalk seating for its customers adjacent to the place of business meeting the following provisions: (i) Five feet of unobstructed sidewalk must be maintained at all times for through travel. (ii) If the sidewalk is located in the right-of-way, the placement of tables shall be subject to the filing of a satisfactory hold-harmless agreement and primary liability insurance policy suitable to the City Attorney which will indemnify the City and release it from liability. (18) Screening Standards. (a) Applicability. This subsection does not apply to development at Osprey Pointe or residential development. (b) All equipment, material or goods not housed or stored within the primary structure shall be within a 100 percent sight-obscuring fence, wall or structure, with the exception that outdoor garden sales areas associated with retail buildings must additionally incorporate false walls in the fencing design that match or complement the architectural features of the main building walls. (c) Gas meters, electric service boxes and other mechanical equipment shall be screened from public view by sight-obscuring fence, walls, or planting materials. All equipment must remain accessible for the applicable utility. (19) Temporary Business Standards. (a) Applicability. This subsection does not apply to development at Osprey Pointe or to food trucks and other mobile vendors, which shall adhere to PMC 5.75 and PMC 25.165.215. (b) Temporary businesses are only permitted on lots that are fully developed with curb, gutter and sidewalk and improved with parking lots, landscaping and buildings. (c) Temporary businesses must be located at least 100 feet from the property line of any residentially zoned property. (d) Goods, wares and merchandise of any kind can only be displayed or offered for sale from the temporary business vehicle or conveyance. Page 127 of 223 Ordinance Amending Title 5 and Title 25 - 40 (e) Limited ancillary or accessory equipment may be utilized with a temporary business and must be temporary in nature and easily removable, such as coolers, umbrellas, tents, tables, and chairs. The following types of ancillary or accessory equipment are not permitted to be used with a temporary business, including but not limited to: benches, picnic tables, propane tanks, awnings, carport structures, satellite dishes, recreational equipment, amusement devices, entertainment equipment, portable or temporary shelters, portable heaters, temporary lighting fixtures, decorative lighting, freezers/refrigerators not located on the business vehicle, carpet, fencing, and faux landscape elements. (f) Signage is only permitted on the temporary business vehicle and not on public right-of-way or in parking lots. (g) No advertising for services, activities and products that are not available on or from the temporary business vehicle is permitted. (h) Temporary businesses must be located at least 25 feet from any public right-of-way. (i) Temporary businesses must locate in an area of the parking lot that will not impede fire lanes or the use of drive aisles within and around parking lots. (j) Required off-street parking cannot be diminished by the location and operation of a temporary business except such parking spaces may be used for temporary businesses on weekends or holidays. (20) Sign Standards. (a) Applicability. This subsection does not apply to development located at Osprey Pointe. (b) No sign shall be erected, re-erected, constructed, painted, posted, applied or structurally altered except as provided in this section and pursuant to the approval of the Director of Community and Economic Development. All signs shall comply with the International Building Code and PMC Title 17 and conform to the following. (c) Prohibited Signs. (i) Signs, which by coloring, shape, wording or location resemble or conflict with traffic control signs or devices; and (ii) Signs that create a safety hazard. Page 128 of 223 Ordinance Amending Title 5 and Title 25 - 41 (d) Permitted Signs. (i) Permanent subdivision signs or area name signs of a permanent character at street entrances or entrances to a specific area or development. These signs shall not exceed six feet in height; (ii) Temporary banners, flags, pennants which are maintained in good condition; (iii) Contractor, architect or engineer signs that identify the project are permitted during the period of construction; (iv) Standard official, directional, informational, warning, or safety signs and street signs; and (v) Portable reader boards, flashing, movable, or moving signs; provided, that such signs must not be located in view of any residentially zoned land located within 300 feet of the sign. (e) Nonconforming Signs. (i) Signs that were permanently installed and legally erected prior to the adoption of the ordinance codified in this chapter shall be allowed to remain in use so long as they are continuously maintained. (f) Relief. (i) Where relief is sought from the provisions of this subsection pertaining to signage standards, an application shall be made in the form of a letter explaining the relief sought and the reasons therefor, accompanied by a scaled site plan and a $100.00 fee. The complete application shall be filed with the Director of Community and Economic Development. Within 15 working days from the date of receipt of a complete application, the Director of Community and Economic Development shall issue a written decision to approve, approve with modifications, or deny the request for relief. Any decision of the Director of Community and Economic Development may be appealed to the City Council if written notice of appeal, which shall include all and exclusive reasons for said appeal, is filed with the Director of Community and Economic Development within 10 working days from the date of the decision. In the event a written decision is not issued by the Director of Community and Economic Development within the required time period, the application for relief shall automatically constitute a qualified and properly filed Page 129 of 223 Ordinance Amending Title 5 and Title 25 - 42 notice of appeal and shall be considered by the City Council in accordance with this section. The City Council, within 30 calendar days from the date of filing of the appeal, shall consider the appeal at a regular meeting thereof, but such consideration shall be limited to the reasons included in the written notice of appeal and shall include the written decision of the Director of Community and Economic Development and the reasons therefor. The City Council may affirm, modify or reverse the decision of the Director of Community and Economic Development. [Ord. 4668A § 2, 2024; Ord. 4668 § 2, 2023; Ord. 4514 § 2, 2021.] Section 9. That Section 25.85.020 entitled “Permitted uses” of the Pasco Municipal Code shall be and hereby is amended and shall read as follows. 25.85.020 Permitted uses. The following uses shall be permitted in the C-1 district: (1) All uses permitted in the O office district; (2) Automobile detail shops and automobile rental or leasing; (3) Banks; (4) Dancing schools; (5) Hotels and motels; (6) Printing shops; (7) Restaurants; (8) Stores and shops for the conduct of retail business; (9) Stores and shops for repair and similar services such as: (a) Bakeries, retail for distribution from the premises; (b) Barbershops and beauty shops; (c) Catering establishments; (d) Garage and filling stations, provided: Page 130 of 223 Ordinance Amending Title 5 and Title 25 - 43 (i) All outdoor repair work is “minor” as defined by PMC 25.15.150; and (ii) The garage or filling station conducting outdoor repair work was in existence and conducting outdoor auto repair prior to September 1, 2013; and (iii) The number of vehicles undergoing outdoor repair does not exceed the capacity of the existing outdoor repair facilities, or no more than two vehicles if there are no existing outdoor repair facilities; and (iv) The number of vehicles stored outdoors and awaiting customer pick-up cannot exceed the capacity of the indoor and outdoor auto repair facilities; and further provided, that all vehicles must be kept on the business premises; and (v) Pumps, lubrication or other devices are located at least 15 feet from any street property line; and (vi) All stored automobile parts and dismantled or inoperable automobiles are contained within the building, except material on outdoor display racks. (e) Laundromats and dry-cleaning establishments employing not more than five persons; (f) Locksmith shops; (g) Offices; (h) Membership clubs; (i) Photo shops; (j) Shoe repair shops; (k) Upholstery shops. (10) Sign shops, commercial (no outdoor storage of materials); (11) Theaters; (12) Veterinarian clinics for household pets (no boarding or outdoor treatment facilities); Page 131 of 223 Ordinance Amending Title 5 and Title 25 - 44 (13) Parking lots within 500 feet of a C-2 district boundary, provided such lots are paved and half of the required landscape is live vegetation; and provided further, that any such property adjacent to a residential zoned parcel shall provide a sight- obscuring fence along the common lot line(s) in accordance with residential fence height requirements; (14) Car washes provided they are located more than 300 feet from a residential district; and (15) Cannabis retail facilities as defined in PMC 25.15.050 and pursuant to PMC 25.10.025. (16) Food Truck Parks as defined in PMC 25.15.080 and pursuant to PMC 25.165.215. [Ord. 4670 § 6, 2023; Ord. 4197 § 1, 2014; Ord. 4121 § 2, 2013; Ord. 4110 § 18, 2013; Ord. 3354 § 2, 1999; Code 1970 § 25.42.020.] Section 10. That Section 25.90.020 entitled “Permitted uses” of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 25.90.020 Permitted uses. The following uses shall be permitted in the C-2 district: (1) Amusement game centers; (2) Antique stores as defined by PMC 25.15.030; (3) Artist and office supplies; (4) Bakeries; (5) Banks and financial institutions; (6) Barber and beauty shops; (7) Billiard and pool halls; (8) Bookstores, except adult bookstores; (9) Card rooms, bingo parlors, dance halls, nightclubs and similar places; (10) Clothing, shoes and accessories, and costume rentals; (11) Consignment stores (PMC 25.165.160) and thrift shops (PMC 25.165.170); Page 132 of 223 Ordinance Amending Title 5 and Title 25 - 45 (12) Crafts, stationery and gift shops; (13) Department and drug stores; (14) Electronic sales and repair stores; (15) Fresh and frozen meats, including seafood; (16) Florists; (17) Furniture and home appliance stores; (18) Galleries for art and restored or refinished antiques; (19) Grocery stores with less than 10,500 square feet of gross floor area; (20) Hardware and home improvement stores; (21) Import shops; (22) Jewelry and gem shops, including custom work; (23) Offices for medical and professional services; (24) Massage businesses; (25) Membership clubs; (26) Restaurants, sandwich shops, cafeterias and delicatessens; (27) Sporting goods; (28) Tailoring and seamstress shops; (29) Tattoo shops or businesses; (30) Taverns and bars; (31) Theaters for movies and performances, except adult theaters; (32) Public markets for fresh produce and craft work; (33) Parking lots; (34) Micro-breweries, micro-wineries and tasting rooms; Page 133 of 223 Ordinance Amending Title 5 and Title 25 - 46 (35) Research, development and assembly facilities for component devices and equipment of an electrical, electronic or electromagnetic nature; (36) Home brewing and/or winemaking equipment sales; (37) Dwelling units, provided the units are within the principal building, are all above the ground floor of said building, the ground floor of said building is designed or intended to be used for a use permitted in this section, and there is at least one dedicated and off-street parking space for each unit; and (38) Cannabis retail facilities as defined in PMC 25.15.050 and pursuant to PMC 25.10.025. (39) Food Truck Parks as defined in PMC 25.15.080 and pursuant to PMC 25.165.215. [Ord. 4670 § 7, 2023; Ord. 4556 § 1, 2021; Ord. 4356 § 2, 2017; Ord. 3354 § 2, 1999; Code 1970 § 25.44.020.] Section 11. That Section 25.110.020 entitled “Permitted uses” of the Pasco Municipal Code shall be and hereby is amended and shall read as follow: 25.110.020 Permitted uses. The following uses shall be permitted in the business park district: (1) Administrative professional and business offices; (2) Research laboratories and facilities; (3) Testing laboratories and facilities; (4) Research and development facilities for the creation of prototypes; (5) Manufacturing assembly testing and repair of component devices, equipment and systems of an electrical, electronic or electromagnetic nature; (6) Manufacture testing, repair and assembly of optical devices, equipment and systems; (7) Manufacture testing, repair and assembly of testing equipment; (8) Pharmaceutical laboratory; (9) Blueprinting, photocopying, photoengraving, and film processing; Page 134 of 223 Ordinance Amending Title 5 and Title 25 - 47 (10) Printing; (11) Manufacture of ceramic products using only previously culturized clay and using kilns fired only by electricity or gas; (12) Manufacture of control devices and gauges; (13) Industrial medical facilities; (14) Cafeteria, restaurant; (15) Offices; and (16) Stores and shops for the conduct of retail business, excluding repair shops and any automotive-related retail or service businesses; (17) Motels and hotels. (18) Food Truck Parks as defined in PMC 25.15.080 and pursuant to PMC 25.165.215. [Ord. 3879 § 1, 2008; Ord. 3354 § 2, 1999; Code 1970 § 25.50.020.] Section 12. That Section 25.115.020 entitled “Permitted uses” of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 25.115.020 Permitted uses. Uses permitted in the I-1 district shall be: (1) All uses permitted in the C-3 district; (2) Building material storage yard; (3) Trucking, express and storage yards; (4) Contractor’s plant or storage yards; (5) Laboratories, experimental; (6) Automotive assembly and repair; (7) Kennels; (8) Creamery, bottling, ice manufacture and cold storage plant; Page 135 of 223 Ordinance Amending Title 5 and Title 25 - 48 (9) Blacksmith, welding or other metal shops, excluding punch presses over 20 tons rated capacity, drop hammers, and the like; (10) The manufacturing, compounding, processing, packaging of cosmetics, pharmacology and food products, except fish and meat products, and the reducing and refining of fats and oils; (11) Printing plant; (12) Parking lots within 500 feet of a C-2 district boundary, provided such lots are paved and the development complies with the landscape and fencing requirements of the C-1 district, as enumerated in PMC 25.85.020(13); and (13) Cannabis retail facilities as defined in PMC 25.15.050 and pursuant to PMC 25.10.025. (14) Food Truck Parks as defined in PMC 25.15.080 and pursuant to PMC 25.165.215. [Ord. 4670 § 9, 2023; Ord. 4110 § 23, 2013; Ord. 3354 § 2, 1999; Code 1970 § 25.52.020.] Section 13. That Section 25.120.020 entitled “Permitted uses” of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 25.120.020 Permitted uses. Uses permitted in the I-2 district shall be: (1) All uses not otherwise prohibited by law, but no residential buildings shall be permitted; and (2) Junkyards, automobile wrecking yards, scrap iron, scrap paper, or rag storage, sorting or bailing shall be permitted, provided: (a) An eight-foot, sight-obscuring fence must be constructed and inspected prior to the issuance of a certificate of occupancy for use of the goods. The fence shall be of solid single neutral color. (b) No automobile or parts thereof, junk or salvage materials or parts thereof shall be visible from any public right-of-way. All materials or parts shall be located within the fenced area. (c) Fire lanes shall be provided as required in the International Fire Code. Page 136 of 223 Ordinance Amending Title 5 and Title 25 - 49 (d) A performance bond for $1,000 shall be required prior to the issuance of an occupancy permit, to ensure compliance with provisions of this section. The bond shall remain in force as long as the use exists. (e) The permit shall be granted for a period not to exceed two years, and at the end of such period an inspection shall be made of the premises to determine the advisability of renewing such permit. (3) Cannabis retail facilities as defined in PMC 25.15.050 and pursuant to PMC 25.10.025. (4) Food Truck Parks as defined in PMC 25.15.080 and pursuant to PMC 25.165.215. [Ord. 4670 § 10, 2023; Ord. 3354 § 2, 1999; Code 1970 § 25.54.020.] Section 14. That Section 25.125.020 entitled “Permitted uses” of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 25.125.020 Permitted uses. The following shall be permitted in the I-3 zone: (1) All uses not otherwise prohibited by law, except those listed in PMC 25.125.030. (2) Cannabis retail facilities as defined in PMC 25.15.050 and pursuant to PMC 25.10.025. (3) Food Truck Parks as defined in PMC 25.15.080 and pursuant to PMC 25.165.215. [Ord. 4670 § 11, 2023; Ord. 3354 § 2, 1999; Code 1970 § 25.56.020.] Section 15. That Section 25.127.020 entitled “Permitted uses” of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 25.127.020 Permitted uses. The following uses shall be permitted in the mixed-use district: (1) Commercial, office, educational, and government uses: (a) All uses permitted in the “O” office district; Page 137 of 223 Ordinance Amending Title 5 and Title 25 - 50 (b) Artisan manufacturing; provided, that such uses are intended to be compatible with surrounding development and shall adhere to the following requirements: (i) Structures shall not encompass more than 10,000 square feet of area, and the 10,000 square foot total shall include all indoor storage areas associated with the manufacturing operation. (ii) Outdoor storage is prohibited. (iii) Loading docks. Where the site abuts a residential use, the building wall facing such lot shall not have any service door openings or loading docks oriented toward the residential use. (iv) Public viewing. Artisan manufacturing uses must accommodate public viewing or a customer service space. Public viewing shall be accomplished with windows or glass doors covering at least 25 percent of the front of the building face abutting the street or indoor lobby wall, allowing direct views of manufacturing. The display area may be reduced below 25 percent where fire-rated separation requirements restrict opening size as determined by the building official. A customer service space including a showroom, tasting room, restaurant or retail space may be provided that substitutes for the exterior public viewing area. (v) All uses shall not emit smoke, gas, odor, dust, sound, vibration, soot, heat, glare, or light that is detectable beyond the property line; (c) Banks and financial institutions; (d) Bars, taverns, and craft breweries, boutique wineries, and small- scale distilleries and/or tasting rooms (any production of product shall be small-scale in nature, with annual production limited to 300 barrels per year of beer or equivalent product); (e) Churches and similar places of worship (Osprey Pointe, only); (f) Dancing schools; (g) Gyms and fitness centers; (h) Hotels and motels; (i) Laundries/dry cleaners; Page 138 of 223 Ordinance Amending Title 5 and Title 25 - 51 (j) Portable food vending/food trucks; (k) Printing shops; (l) Public or commercial parking garages; (m) Public markets for fresh produce and craft work; (n) Restaurants and eating establishments, including food halls with shared common areas; (o) Stores and shops for the conduct of retail business and similar services in buildings not exceeding 40,000 gross square feet, except that the maximum areas are 80,000 gross square feet at Osprey Pointe, such as: (i) Bakeries, retail for distribution from the premises; (ii) Barber and beauty shops; (iii) Bookstores, except adult bookstores; (iv) Catering establishments; (v) Artist and office supplies; (vi) Florists; (vii) Specialty retail stores; (viii) Museums and art galleries; (ix) Clothing, shoes and accessories, and costume rentals (new/unused materials only); (x) Crafts, stationery, and gift shops; (xi) Department and drug stores; (xii) Grocery or specialty food stores; (xiii) Furniture and home appliance stores; (xiv) Import shops; (xv) Jewelry and gem shops, including custom work; Page 139 of 223 Ordinance Amending Title 5 and Title 25 - 52 (xvi) Shoe repair shops; (xvii) Sporting goods stores; (xviii) Tailor and seamstress shops; (xix) Upholstery shops; (p) Locksmith shops; (q) Membership clubs; (r) Theaters (movie or live theater); (s) Veterinary clinics serving household pets (no boarding or outdoor treatment facilities); and (t) Universities, colleges, and business, professional, technical, and trade schools. (u) Food Truck Parks as defined in PMC 25.15.080 and pursuant to PMC 25.165.215. (2) Residential Uses. (a) Specific Limitations at Osprey Pointe. (i) Single-family detached dwellings may be located west of the alignment of South Maitland Avenue at densities prescribed under PMC 25.127.070; (ii) Attached single-family dwellings (duplexes and townhouses) may be located east of the extension of South Maitland Avenue, but no further than 500 feet east of the alignment of South Oregon Avenue at densities prescribed under PMC 25.127.070; and (iii) Multifamily dwellings may be located no further than 500 feet east of the alignment of South Oregon Avenue; (iv) Short-term vacation rental uses, and bed and breakfasts, may be established where residential uses are allowed; (b) Single-family dwellings (including zero-lot-line dwellings); (c) Two-family and multiple (family) dwellings; and Page 140 of 223 Ordinance Amending Title 5 and Title 25 - 53 (d) Recreational facilities for residents (i.e., playground, basketball court, bocce ball court). (3) Recreational and Entertainment Uses. (a) Specific Provisions at Osprey Pointe. (i) Indoor and outdoor event and entertainment uses and facilities (commercial or public), not to exceed 15 acres; (ii) Marinas and marine repair facilities; (iii) Mixed-use buildings containing any combination of residential, commercial, office, educational, and government facilities in a single building; and (iv) Public and private parks and trails. (b) Indoor and outdoor event and entertainment uses and facilities (commercial or public). [Ord. 4668 § 2, 2023; Ord. 4514 § 2, 2021.] Section 16. That Section 25.80.020 entitled “Permitted uses” of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 25.80.020 Permitted uses. The following uses shall be permitted in the office district: (1) Administrative and professional offices, such as lawyers, engineers, real estate, accountants and insurance offices; (2) Medical and dental offices; (3) Museums and art galleries; (4) Governmental offices, excluding police and fire stations; and (5) Funeral homes. (6) Food Truck Parks as defined in PMC 25.15.080 and pursuant to PMC 25.165.215. [Ord. 3354 § 2, 1999; Code 1970 § 25.41.020.] Page 141 of 223 Ordinance Amending Title 5 and Title 25 - 54 Section 17. Severability. If any section, subsection, sentence, clause, phrase or word of this Ordinance should be held to the invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause phrase or word of this Ordinance. Section 18. Corrections. Upon approval by the city attorney, the city clerk or the code reviser are authorized to make necessary corrections to this Ordinance, including scrivener’s errors or clerical mistakes; reference to other local, state, or federal laws, rules, or regulations; or numbering or referencing of ordinances or their sections and subsections. Section 19. Effective Date. 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, on this ___ day of _______, 2024. ______________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ _______________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Published: ____________________________ Page 142 of 223 Public Space & Mobile Vending Purpose: •Economic Opportunities: The amendments support local entrepreneurs and vendors by creating new business opportunities. •Community Engagement: Increased use of public spaces will foster opportunities for community interaction and activities. •Active Spaces: Vibrancy: Contribute to a vibrant neighborhood level or city atmosphere, attracting residents and visitors. Pa g e 1 4 3 o f 2 2 3 Public Space & Mobile Vending Code Amendment Overview: •Expand Sidewalk Cafés: Allow sidewalks and parking spaces for seating at restaurants, bars, and cafes. •Allow Parklets: Permit parking spaces as city-operated public Parklets. •Public Space Café Guidelines: Set safety and accessibility standards. •Mobile Vending: Ease use of public right-of-way while ensuring safety. •Food Truck Parks: Permit use and establish basic design standards. Pa g e 1 4 4 o f 2 2 3 Public Space & Mobile Vending Next Steps: •Code Amendment Adoption •Marketing of new allowances/changes •Develop user guide •Report annually to City Council Pa g e 1 4 5 o f 2 2 3 AGENDA REPORT FOR: City Council July 31, 2024 TO: Adam Lincoln, City Manager City Council Regular Meeting: 8/5/24 FROM: Eric Ferguson, City Attorney City Manager SUBJECT: Ordinance No. 4723 - Small Cell Wireless Facility Deployment Franchise Agreement for US Cellular (3 minutes) I. REFERENCE(S): Ordinance - Franchise Agreement II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No. 4723, approving a non-exclusive Franchise to construct, install, operate, maintain, repair, or remove small wireless facilities, small wireless facility poles and small wireless towers within the public ways of the City of Pasco and, further, authorize publication by summary only. III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: The City regulates franchise agreements with telecommunications providers to ensure safe and efficient use of public rights-of-way. Any utility provider, including those offering communications and telecommunications services, must obtain a franchise agreement in line with state and federal laws and the best interests of the City’s residents. US Cellular expressed interest in a Small Cell Wireless Facilities (SWF) Franchise Agreement with the City in early 2019. The initial application was incomplete and required revisions. The process shifted representatives in early 2020, and the first formal application in April 2020 was also incomplete, necessitating further corrections. In 2021, new submissions and agreements with Franklin PUD for pole deployments were discussed leading to an understanding of the specifics of the agreement that meet the applicants needs while meeting the requirements of Pasco Municipal Code (PMC) Chapter 15.40 Page 146 of 223 and 15.100. V. DISCUSSION: Given the significance of the agreement, and as required by law, City staff summited the draft Franchise Agreement to the City Council for review at the June 10th Council Workshop. Staff recommends approval of the Small Cell Wireless Facility Deployment Franchise Agreement through the adoption of the ordinance. Page 147 of 223 Ordinance – US Cellular Franchise - 1 ORDINANCE NO. __________ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, APPROVING A NON-EXCLUSIVE FRANCHISE TO CONSTRUCT, INSTALL, OPERATE, MAINTAIN, REPAIR, OR REMOVE SMALL WIRELESS FACILIITIES, SMALL WIRELESS FACILITY POLES AND SMALL WIRELESS TOWERS WITHIN THE PUBLIC WAYS OF THE CITY OF PASCO WHEREAS, RCW 35A.11.010 grants the City authority to regulate the use of the public rights-of-way, subject to applicable state and federal law; and WHEREAS, the Pasco City Council passed Pasco City Ordinance 1823 on August 3, 1976, adopting the classification of non-chartered code city for the City of Pasco; and WHEREAS, Article 11, section 11, of the Washington State Constitution provides that the City of Pasco may make and enforce within its limits all such local police, sanitary and other regulations as are not in conflict with general laws; and WHEREAS, the Pasco City Council, by section 35A.11.020 of the Revised Code of Washington, through section 35A.13.230 of the Revised Code of Washington, has any authority ever given to any class of municipality or to all municipalities of this state, and all powers possible for a city or town to have under the Constitution of this state, and not specifically denied to code cities by law, which may be exercised in regard to the regulation or use of public ways and property of all kinds and improvements thereto; and WHEREAS, Section 35A.47.040 of the Revised Code of Washington authorizes the City to grant, permit, and regulate non-exclusive franchises for the use of public ways; WHEREAS, a franchise is a legislatively approved master permit granting general permission to a service provider to enter, use, and occupy the public ways for the purpose of locating facilities subject to requirements that a Franchisee must also obtain separate use permits from the City for use of each and every specific location in the public ways in which the Franchisee intends to construct, install, operate, maintain, repair or remove identified facilities; and WHEREAS, a franchise does not include, and is not a substitute for any other permit, agreement, or other authorization required by the City, including without limitation, permits required in connection with construction activities in public ways which must be administratively approved by the City after review of specific plans; and WHEREAS, the grant of a non-exclusive franchise under RCW 35A.47.040 shall not be adopted or passed by the City’s legislative body on the day of its introduction nor for five days thereafter, nor at any other than a regular meeting, nor without first being submitt ed to the City attorney, an affirmative vote of at least a majority of the entire City Council and publication at least once in newspaper of general circulation before becoming effective; and Page 148 of 223 Ordinance – US Cellular Franchise - 2 WHEREAS, the City Council finds that the franchise terms and conditions contained in this ordinance are in the public interest. WHEREAS, Franchisee has requested that the City grant it the right to install, operate and maintain small wireless facilities, small wireless facility poles and small wireless facility towers within the public rights-of-way of the City; and WHEREAS, Franchisee will submit, conditioned upon the issuance of this Franchise, applications for Small Cell Wireless Facility Permits (“SCWF Permit”), which shall be processed in its usual and ordinary course, to locate small wireless facilities within the public ways of the City and in compliance with Chapter 15.100 of the Pasco Municipal Code. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: 1. Grant of Franchise. The City hereby grants to Franchisee, its successors and assigns, subject to the terms and conditions herein set forth, a nonexclusive Franchise within the territory, as defined below, which authorizes the Franchisee to erect, construct, operate, and maintain small wireless facilities (as defined by PMC 15.10.025), and other poles, towers or support structures as might be allowed in PMC 15.100 within the public right-of-way (as defined by PMC 15.10.025). The authority granted herein is limited authorization to occupy and use of the public right-of-way of the City for the purpose of providing telecommunication services transmitted by small cell wireless facilities. Nothing contained herein shall be construed to grant, warrant, or convey any right, title, or interest in the public right-of-way of the City to the Franchisee, or to grant any rights for the operation of any services other than those specifically identified above. 2. Franchise Territory. The Franchise granted herein is applicable only within the City rights-of-way as defined by PMC 15.10.025, including any annexed portions thereto occurring during the term of this Franchise. 3. Term of Franchise. The first term of this Franchise shall be for an initial period of ten (10) years from the effective date of this Agreement, unless sooner terminated. Thereafter, this Franchise will be automatically renewed for an additional five-year term unless either party notifies the other of its intent to terminate the Franchise at least ninety (90) days prior to the expiration of the then current term. Either party may terminate this Franchise upon sixty (60) days prior written notice to the other upon a default of any term hereof by the other party, which default is not cured within sixty (60) days of receipt of written notice of default, or if such default is not curable within sixty (60) days, if the defaulting party fails to commence such cure within sixty (60) days or fails thereafter diligently to prosecute such cure to completion, provided, that the grace period for any monetary default shall be ten (10) days from receipt of written notice. Notwithstanding anything to the contrary herein, Franchisee may remove its small wireless facilities at any time, with or without cause upon notice to the City, subject to restoration as provided in PMC 15.70.270. 4. Non-Exclusive Grant. This Franchise shall not in any manner prevent the City from entering into any other similar agreement or granting other or further franchises in the deployment Page 149 of 223 Ordinance – US Cellular Franchise - 3 of small cell wireless facilities, or other utilities, within the public right -of-way. Further, this Franchise shall in no way prevent or prohibit the City from using any of its public right-of-way or affect its jurisdiction over them or any part of them, and the City shall retain full power to make all necessary reasonable changes, relocations, collocations, repairs, maintenance, establishment, improvement, dedication of the same as the City may deem fit, including the dedication, establishment, maintenance, vacation, and improvement of all new public rights-of- way. 5. Effective Date. This Franchise shall become effective as of the ____ day of _________________, 2024. 6. Terms, Standards and Requirements Incorporated by Reference. Essential elements of this Franchise include the terms, standards, and requirements as included within PMC Chapter 15.100 “Small Cell Tower Deployment Within the Public Right-of-Way” and PMC 15.70 “Conditions of Permits, Franchises and Facility Leases.” All such terms, standards, and requirements, as they currently exist or as they may be amended, are incorporated herein as if stated in full. To the extent that any provision of the Pasco Municipal Code conflicts with the City’s adopted Small Cell Infrastructure Design Standards or this agreement, the Municipal Code shall control. 7. City Owned Poles and Structures. Subject to the limitation on locations as provided in PMC 15.100.050, in the event Franchisee desires to use City poles or other infrastructure for the location of its small wireless facilities, such use will be determined on a case- by-case basis pursuant to a separate License Agreement between the Franchisee and the City, setting forth the terms and conditions under which the Franchisee shall be permitted to do so, including but not limited to, whether the current infrastructure is sufficient to support the structural loading, requirements for the small wireless facility equipment, its design (in compliance with the design standards as provided in Chapter 15.100 PMC), and its safe application for other uses of the public right-of-way. 8. Relocation. Franchisee is obligated to relocate its facilities in accordance with PMC 15.70.180. Additionally, if during the term of this Franchise any person or entity other than the City (hereinafter "Third Party") requests the relocation of Franchisee's Facilities to accommodate work within the Rights-of-Way to be undertaken by or on behalf of such Third Party, and the City determines that such relocation of Franchisee's Facilities is in the public interest and is necessary, then the City may, in its discretion, grant such Third Party request. In such event, within thirty (30) days’ receipt of written notice to the Franchisee from the City, Franchisee shall, at the expense of the Third Party upon terms acceptable to Franchisee, relocate its Facilities within the Franchise Territory to accommodate the work of such Third Party. 9. Utility-Owned Poles and Structures. The parties acknowledge that some, or all, of, the poles or structures desired by the Franchisee to be used for the locations for its small wireless facilities, are, or may be owned by a utility provider, or a third -party other than the City and that Franchisee shall secure such consent for such location providing the City notice thereof including the terms and conditions under which the Franchisee shall be permitted to so locate. Page 150 of 223 Ordinance – US Cellular Franchise - 4 10. Indemnification and Waiver. A. Franchisee hereby indemnifies , defends, and holds harmless the City, its officers, boards, employees, agents and representatives from any and all claims for damages, costs, judgments, penalties, awards or liability to any person including, but not limited to, reasonable attorneys’ fees and costs: (1) Arising as a result of the acts or omissions of Franchisee, its agents, servants, officers or employees or the construction, placement, operation or maintenance of small wireless facilities in the public right-of way except to the extent any claim, arises out of or results from the sole negligence or willful misconduct of City, its officers, employees, agents and representatives; or (2) Based upon the City’s inspection or lack thereof of work performed by Franchisee, its agents and servants, officers or employees in connection with work authorized on the public right-of-way or property over which the City has control pursuant to this Franchise or pursuant to any other permit or approval issued in connection with this Franchise. B. The provisions of Subsection A of this Section shall apply to claims by Franchisee’s own employees and the employees of the Franchisee’s agents, representatives, contractors, and subcontractors to which Franchisee might otherwise be immune under Title 51 RCW. This waiver of immunity under Title 51 RCW has been mutually negotiated by the parties hereto, and Franchisee acknowledges that the City would not enter into this Franchise without Franchisee’s waiver thereof. C. Inspection or acceptance by the City of any work performed by the Franchisee at the time of completion of construction shall not be grounds for avoidance of any of these covenants of indemnification. Provided that Franchisee has been given prior written notice by the City of any such claim, said indemnification obligations shall extend to claims which are not reduced to a suit. The obligation of Franchisee under the indemnification provisions of this Section shall apply regardless of whether liability for damages arises out of bodily injury to persons or damages to property, except to the extent that such claims, actions, damages, costs, expenses and attorney’s fees were caused by the sole negligence or willful misconduct of the City. In the event that a Court of competent jurisdiction determines that this Franchise is subject to the provisions of RCW 4.24.115, the parties agree that the indemnity provision hereunder shall be deemed amended to conform to said statute and liability shall be allocated as provided therein. D. Notwithstanding any other provisions of this Section, Franchisee assumes the risk of loss or damage to its small wireless facilities located in the public right-of-way, and upon City-owned property from such activities conducted by the City, its officers, agents, employees and contractors, except to the extent any such damage or destruction is caused by or arises from the sole negligence, willful or malicious action Page 151 of 223 Ordinance – US Cellular Franchise - 5 on the part of the City, its officers, agents, employees or contractors. Franchisee releases and waives any and all such claims against the City, its officers, agents, employees or contractors. Franchisee further agrees to indemnify, hold harmless and defend the City against any claims for damages, including, but not limited to, business interruption damages and lost profits, brought by or under users of Franchisee’s small wireless facilities as the result of any interruption of service due to damage or destruction of Franchisee’s small wireless facilities caused by or arising out of activities conducted by the City, its officers, agents, employees or contractors, except to the extent any such damage or destruction is caused by or arises from the s o l e negligent, willful or malicious actions on the part of the City, its offices, agents, employees or contractors. E. Notwithstanding anything contained herein to the contrary, other than in connection with the foregoing third party claims, indemnification and damages incurred for breach of confidentiality, neither party shall be liable to the other for consequential, incidental, special or indirect damages. 11. Insurance. A. Franchisee shall maintain for so long as Franchisee has Facilities in the Rights -of- Way, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the acts or omissions of Franchisee. The Franchisee shall cause each and every Subcontractor to provide insurance coverage that complies with all applicable requirements of the Franchise-provided insurance as set forth herein, except the Franchisee shall have sole responsibility for determining the limits of coverage required to be obtained by Subcontractors. The Franchisee shall ensure that the City is an additional insured on each and every Subcontractor’s Commercial General liability insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. Franchisee shall maintain insurance from insurers with a current A.M. Best rating of not less than A-. Franchisee shall provide a copy of a certificate of insurance and additional insured endorsement (except for workers compensation) to the City for its inspection at the time of acceptance of this Franchise, and such insurance certificate shall evidence a policy of insurance that includes: (1) Automobile Liability insurance with limits of no less than $5,000,000 combined single limit per occurrence for bodily injury and property damage. (2) Commercial General Liability insurance, written on an occurrence basis with limits of no less than $5,000,000 per occurrence for bodily injury and property damage and $5,000,000 general aggregate including personal and advertising injury, blanket contractual; premises; operations; independent contractors; products and completed operations; and broad form property damage; explosion, collapse and underground (XCU). Page 152 of 223 Ordinance – US Cellular Franchise - 6 (3) Pollution liability shall be in effect throughout the entire Franchise term, with a limit of one million dollars ($1,000,000) per occurrence, and two million dollars ($2,000,000) in the aggregate. (4) Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington and Employer’s Liability with a limit of $1,000,000 each accident/disease/policy limit. Evidence of qualified self-insurance is acceptable. (5) Excess Umbrella liability policy with limits of no less than $5,000,000 per occurrence and in the aggregate. Franchisee may use any combination of primary and excess to meet required total limits. B. Payment of deductible or self-insured retention shall be the sole responsibility of Franchisee. Franchisee may utilize primary and umbrella liability insurance policies to satisfy the insurance policy limits required in this Section. Franchisee’s umbrella liability insurance policy shall provide “follow form” coverage over its primary liability insurance policies or be at least as broad as such underlying policies. C. The required insurance policies, with the exception of Workers’ Compensation, and Employer’s Liability, and Pollution Liability obtained by Franchisee shall include the City, its officers, officials, employees, agents, and representatives (“Additional Insureds”), as an additional insured, with coverage at least as broad as ISO endorsement form CG 20 26, with regard to any work or operations performed under this Franchise or by or on behalf of the Franchisee. The coverage shall contain no special limitations on the scope of protection afforded to the Additional Insureds. In addition, the insurance policy shall contain a clause stating that coverage shall apply separately to each insured against whom a claim is made, or suit is brought, except with respect to the limits of the insurer’s liability. Franchisee shall provide to the City upon acceptance a certificate of insurance and additional insured endorsement. Receipt by the City of any certificate showing less coverage than required is not a waiver of Franchisee’s obligations to fulfill the requirements. Franchisee’s required commercial general and auto liability insurance shall be primary insurance with respect to the indemnification obligations herein. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be in excess of Franchisee’s required insurance and shall not contribute with it. D. Upon receipt of notice from its insurer(s) Franchisee shall provide the City with thirty (30) days prior written notice of any cancellation of any insurance policy, except for non-payment, in which case a ten (10) day notice will be provided. Franchisee shall, prior to the effective date of such cancellation, obtain replacement ins urance policies meeting the requirements of this Section. Failure to provide the insurance cancellation notice and to furnish to the City replacement insurance policies meeting the requirements of this Section shall be considered a material breach of this Franchise. The City may pursue its remedies, including purchasing insurance to cover Franchisee’s facilities at Franchisee’s expense, immediately upon a failure to furnish Page 153 of 223 Ordinance – US Cellular Franchise - 7 replacement insurance. E. Franchisee’s maintenance of insurance as required by this Section shall not be construed to limit the liability of Franchisee to the coverage provided by such insurance, or otherwise limit the City’s recourse to any remedy available at law or equity. Further, Franchisee’s maintenance of insurance policies required by this Franchise shall not be construed to excuse unfaithful performance by Franchisee. If Franchisee maintains higher insurance limits than the minimums shown above, the City shall be insured for the full available limits of Commercial General and Excess Umbrella liability maintained by the Franchisee, irrespective of whether such limits maintained by the Franchisee are greater than those required by this contract or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by the Franchisee. F. The City may review all insurance limits once every three years during the Term and may make reasonable adjustments in the limits upon thirty (30) days’ prior written notice to and review by Franchisee. Franchisee shall then issue or provide a certificate of insurance to the City showing compliance with these adjustments. Upon request by the City, Franchisee shall make available for review copies of all required insurance policies, including endorsements, required in this Franchise and evidence of all contractors’ coverage. 12. General Provisions. For the purpose of this Agreement, time is of the essence. In the event of a dispute regarding the enforcement, breach, default, or interpretation of this Agreement, the designees in Section 13, or their designees, shall first meet in a good faith effort to resolve such dispute. In the event the dispute cannot be resolved by agreement of the parties, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, with both parties waiving the right of a jury trial upon trial de novo, with venue placed in Pasco, Franklin County, WA. This Agreement shall be governed by the laws of the State of Washington. The prevailing party shall be entitled to its reasonable attorney fees and costs as additional award and judgment against the other. 13. Notice. Any notice or information required or permitted to be given to the parties under this Agreement shall be to the following addresses, unless otherwise specified: City of Pasco City Manager 525 North 3rd Pasco, WA 99301 Franchisee USCOC of Richland Inc. Attention: Real Estate Lease Administration 8410 West Bryn Mawr Avenue Chicago, Illinois 60631 Phone: 1-866-573-4544 Notice shall be deemed given upon receipt of personal delivery, e-mail transmission, or three (3) days after deposit in the United States Mail in the case of regular mail, or next day in the case of overnight delivery. Page 154 of 223 Ordinance – US Cellular Franchise - 8 14. Bonding A. Maintenance and Performance Bonds. Franchisee shall furnish maintenance and/or performance financial guarantees for any work in the right-of-way as required by the Municipal Code or applicable. B. Franchise Bond. Franchisee shall provide City with a bond in the amount of Fifty Thousand Dollars ($50,000.00) (“Franchise Bond”) running or renewable for the term of this Franchise or for as long as Franchisee has facilities in the right of way, whichever is longer, in a form and substance reasonably acceptable to City. In the event Franchisee shall fail to substantially comply with any one or more of the provisions of this Franchise following notice and a reasonable opportunity to cure, then there shall be recovered jointly and severally from Franchisee and the bond any actual damages suffered by City as a result thereof, including but not limited to staff time, material and equipment costs, compensation or indemnification of third parties, and the cost of removal or abandonment of facilities hereinabove described. Franchisee specifically agrees that its failure to comply with the terms of this Section shall constitute a material breach of this Franchise. The amount of the bond shall not be construed to limit Franchisee's liability or to limit the City's recourse to any remedy to which the City is otherwise entitled at law or in equity. Said bond shall be maintained at the required level notwithstanding any use of the Bond in the interim. 15. Entire Franchise. This Franchise, together with the SCWF Permit and incorporated Pasco Municipal Code sections, constitutes the entire understanding and agreement between the parties as to the subject matter herein, and no other agreements or understandings, written or otherwise, shall be binding upon the parties upon approval and acceptance of this Small Cell Wireless Facility Deployment Franchise, except such other agreements for licenses contemplated herein. 16. Hazardous Substances. Franchisee shall not introduce or use any hazardous substances (chemical or waste) in violation of any applicable law or regulation, and Franchisee shall not allow any of its agents, contractors, or any person under its control to do the same. Franchisee will be solely responsible for and will defend, indemnify, and hold the City and its officers, officials, employees, agents, and representatives harmless from and against any and all claims, costs, and liabilities, including reasonable attorney fees and costs, arising out of or in connection with the cleanup or restoration of the property associated with Franchisee’s use, storage, or disposal of hazardous substances, whether or not intentional, and/or with the use, storage or disposal of such substances by Franchisee’s agents, contractors, or other persons acting under Franchisee’s control, whether or not intentional, after Franchisee’s first occupancy of the permitted site location. 17. Survival. All of the provisions, conditions, and requirements of this Franchise shall be in addition to any and all other obligations and liabilities Franchisee may have to the City at common law, by statute, or by contract, and shall survive the City’s Franchise to Franchisee for the use of the Franchise Area and any renewals or extensions thereof. All of the provisions, conditions, regulations, and requirements contained in this Franchise shall further be binding upon the heirs, successors, executors, administrators, legal representatives, and assigns of Franchisee Page 155 of 223 Ordinance – US Cellular Franchise - 9 and all privileges, obligations, and liabilities of Franchisee shall inure to its heirs, successors, and assigns equally as if they were specifically mentioned where Franchisee is named herein. 18. Acceptance. This Franchise shall not become effective unless and until the ordinance granting the same has become effective. Within 30 days after the effective date of said ordinance Franchisee shall sign this Franchise and provide the bonds, insurance policies, and any other security required by this Franchise or PMC 15.70. 19. Severability. If any section, subsection, sentence, clause, phrase, or word of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause phrase or word of this Ordinance. 20. Corrections. Upon approval by the city attorney, the city clerk or the code reviser are authorized to make necessary corrections to this Ordinance, including scrivener’s errors or clerical mistakes; reference to other local, state, or federal laws, rules, or regulation s; or numbering or referencing of ordinances or their sections and subsections. 21. Effective Date. 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 ___________, 2024. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Published: _____________________________ Page 156 of 223 Ordinance – US Cellular Franchise - 10 SUMMARY OF ORDINANCE AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, APPROVING A NON- EXCLUSIVE FRANCHISE TO CONSTRUCT, INSTALL, OPERATE, MAINTAIN, REPAIR, OR REMOVE SMALL WIRELESS FACILITIES, SMALL WIRELESS FACILITY POLES AND SMALL WIRELESS TOWERS WITHIN THE PUBLIC WAYS OF THE CITY OF PASCO The Pasco City Council passed Municipal Ordinance _________ at its __________, 2024 regular meeting which in summary grants a non-exclusive franchise to USCOC of Richland Inc. to construct, install, operate, maintain, repair, or remove small wireless facilities, small wireless facility poles and small wireless towers within the City right-of-way. The full text of Municipal Ordinance ________ will be provided upon request made to the Pasco City Clerk at Pasco City Hall, 525 N. Third Avenue, Pasco, WA 99301. Summary approved as to form: ________________________________ Kerr Ferguson Law, PLLC City Attorneys Page 157 of 223 Ordinance – US Cellular Franchise - 11 ACCEPTANCE: The provisions of this amended Franchise are agreed to and hereby accepted. By accepting this Franchise, Franchisee covenants and agrees to perform and be bound by each and all of the terms and conditions imposed by the franchise and the municipal code and ordinances of the City. By: _________________________________________ Printed Name: _________________________________________ Title: ________________________________________ CERTIFICATION OF COMPLIANCE WITH CONDITIONS AND EFFECTIVE DATE: I certify that I have received confirmation that: (1) the Franchisee returned a signed copy of this Franchise to the City Council in accordance with this Franchise; (2) the Franchisee has presented to the City acceptable evidence of insurance and security as required in this Franchise; and (3) the Franchisee has paid all applicable processing costs set forth in the Franchise. The effective date of this Franchise Ordinance is ________________ By: _________________________________________ Printed Name: _________________________________________ Title: ________________________________________ Page 158 of 223 AGENDA REPORT FOR: City Council July 29, 2024 TO: Adam Lincoln, City Manager City Council Regular Meeting: 8/5/24 FROM: Richa Sigdel, Deputy City Manager City Manager SUBJECT: Resolution Nos. 4478 & 4479 - Surplus and Sale of City Property along Burden Boulevard I. REFERENCE(S): Resolutions Presentation Purchase and Sale Agreement II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. 4478, approving the surplus of certain Parcel Boulevard, Burden along property real City-owned located No.117370017 MOTION: I move to approve Resolution No. 4479, approving the sale of certain City-owned Boulevard, Parcel Burden located property real along No.117370017 III. FISCAL IMPACT: TBD IV. HISTORY AND FACTS BRIEF: Historically, the City of Pasco has built an inventory of City-owned parcels that have been sold, as needed, for civic and development needs. The property in question represents a valuable asset to the city, not just in financial terms but also in its potential to contribute to the city's development objectives. The right land as such goals community commercial could decision use support development or public services enhancement. Listing the property with a realtor provides broad exposure, attract competitive bids, and ensure the City receives the best market value, ultimately benefiting the community. Page 159 of 223 This property was discussed with City Council during an executive session taking place on March 25, 2024. A decision to move forward with disposal and sale of the property must be made in public session. The terms and conditions of the proposed sale are included in the attached Purchase and Sale agreement. Council may reject the subject offer, seek other offers, or accept the offer. V. DISCUSSION: Staff recommends approving the proposed resolutions to declare Parcel No. 117370017 as surplus and authorize the Purchase and Sale Agreement for its sale. Page 160 of 223 Resolution – Surplus City-Owned Property Parcel No. 117370017 - 1 RESOLUTION NO. ____ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, DECLARING CITY-OWNED REAL PROPERTY SURPLUS, SETTING THE MINIMUM PRICE AND THE METHOD OF SALE FOR PARCEL NO. 117370017; AND FURTHER, AUTHORIZE THE CITY MANAGER TO SELL THE PROPERTY THROUGH REALTOR LISTING FOR A MINIMUM PRICE DETERMINED THROUGH MARKET ANALYSIS. WHEREAS, in accordance with Pasco Municipal Code (PMC) Chapter 2.120, prior to a sale of real property the City Council shall declare the same to be surplus and the sale to be in the best interest of the City, set the minimum price for the sale of the property, and determine the method of sale; and WHEREAS, pursuant to PMC Section 2.120.030 the City Council may resolve to affect the sale by way of, among other methods, a listing agent, after request for qualifications (RFQ) for a qualified licensed realtor, but in any event shall declare the method of sale of the surplus property; and WHEREAS, in accordance with PMC Section 2.120.020 the Council shall set the minimum price for the sale or authorize a determination of the minimum price by way of appraisal or market analysis; and WHEREAS, the City Council hereby declares that it is in the best interest to surplus Parcel No. 117370017, as it is no longer needed for municipal purposes, the method of sale shall be by and through a listing agent selected through the RFQ process, and authorizes a determination of the minimum price by market analysis; and WHEREAS, the City Council finds it in the City’s best interest to authorize the listing for sale of Parcel No. 117370017, subject to final approval of the City Council and in accordance with the recommendations of the City’s Real Estate Broker; and WHEREAS, the City Council listed the subject property with a qualified realtor under the terms of the negotiated listing agreement (on file with City) which among other things includes the terms of the listing, the minimum price of the subject property, realtor services to be performed and expresses that the Council’s approval is a condition precedent to the sale being completed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City Manager is authorized to market this property through a realtor listing for a minimum price to be determined through market analysis; and to take all necessary steps required to accomplish this transaction. Be It Further Resolved, that this Resolution shall take effect immediately. Page 161 of 223 Resolution – Surplus City-Owned Property Parcel No. 117370017 - 2 PASSED by the City Council of the City of Pasco, Washington, on this ____ day of ________________, 20__. Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 162 of 223 Resolution – Sale of Real Property - 1 RESOLUTION NO. _________ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, APPROVING THE SALE OF CERTAIN CITY-OWNED REAL PROPERTY 1.41-ACRE, LOCATED ALONG BURDEN BOULEVARD. WHEREAS, the Pasco City Council authorized the listing for sale of 1.41-acre property along Burden Boulevard, more formally known as Parcel No. 117370017, subject to final approval of the City Council and in accordance with the recommendations of the City’s Real Estate Broker; and WHEREAS, the Pasco City Council previously negotiated a listing agreement after an RFQ process and has previously authorized, by Resolution No. _____. The sale of surplus property is through its listing agent pursuant to Pasco Municipal Code Chapter 2.120; and WHEREAS, the City has approved a purchase offer on the property which has been recommended for approval by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the proposed purchase price of $845,000.00 is at the City’s asking price, as determined by the listing agent’s market analysis, and has been determined to be acceptable to the City and is fully accepted. Be It Further Resolved, that the City Manager is hereby authorized to complete the sale transaction as outlined in the Purchase and Sale Agreement, attached hereto as Exhibit A; and to take all necessary steps required to complete the sale. Be It Further Resolved, that this Resolution shall take effect immediately. PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____, 2024. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 163 of 223 Commercial & Investment Real Estate Purchase & Sale Agreement Commercial Brokers Association ALL RIGHTS RESERVED CBA Form PS-1A | Purchase & Sale Agreement Rev. 1/2024 Page |1 15 SPECIFIC TERMS Reference Date: March 12, 2024 Offer Expiration Date: March 26, 2024 5:00pm 1.PROPERTY: The Property is legally described on Exhibit A. Address: tbd Burden Blvd. City of Pasco, Franklin County, Washington. Tax Parcel No(s): 1.39 acre ptn of 117.370.015 Included Personal Property: X None; If on and used in connection with the Property, per Section 25 (None, if not completed). 2.BUYER(S): Chris Corbin &/or Assigns 3.SELLER(S): City of Pasco 4.PURCHASE PRICE: $ 845,000 Payable as: X Cash; Financing (Form PS_FIN attached); Other 5.EARNEST MONEY: $ 10,000 Dollars; Held by Closing Agent Form of Earnest Money: X Check; Wire Transfer; Note; Other Earnest Money Due Date: X 3 days after Mutual Acceptance; days after satisfaction of Feasibility Contingency; or 6.FEASIBILITY CONTINGENCY DATE: 60 days after Mutual Acceptance 7.CLOSING DATE: on or before within 10 days of approval of permits from City of Pasco 8.CLOSING AGENT: Ticor Title | Patty Sweetwood 9.TITLE INSURANCE COMPANY: Ticor Title 10. DEED: X Statutory Warranty Deed; or Bargain and Sale Deed 11.POSSESSION: X on closing; Other: 12. SELLER CITIZENSHIP (FIRPTA): Seller is; X is not a foreign person for the purposes of US income taxation. 13. BUYER’S DEFAULT: X Forfeiture of Earnest Money; Seller’s Election of Remedies 14. SELLER’S DEFAULT: X Recover Earnest Money or Specific Enforcement; Buyer’s Election of Remedies 15. UNPAID UTILITIES: Buyer and Seller Do Not Waive (Form UA attached); X Waive 16. AGENCY DISCLOSURE: Selling Broker represents: Buyer; Seller; X both parties Listing Broker represents: Seller; X both parties 17.BUYER BROKERAGE FIRM COMPENSATION: 3 % of sale price or $ Buyer Date Buyer Date Seller Date Seller Date DocuSign Envelope ID: 7C7E748F-EAC3-40AD-A11F-7BCB5E03796C 3/18/2024 DocuSign Envelope ID: 268D9ACC-7621-4033-8A0E-63623280975B 3/28/2024 Page 164 of 223 Commercial & Investment Real Estate Purchase & Sale Agreement Commercial Brokers Association ALL RIGHTS RESERVED CBA Form PS-1A | Purchase & Sale Agreement Rev. 1/2024 Page |2 15 18.EXHIBITS AND ADDENDA. The following Exhibits and Addenda are made a part of this Agreement: Earnest Money Promissory Note Back-Up Addendum Blank Promissory Note Vacant Land Addendum Blank Short Form Deed of Trust Financing Addendum Blank Deed of Trust Rider Tenant Estoppel Certificate(s) Utility Charges Addendum Defeasance Addendum FIRPTA Certification Lead-Based Paint Disclosure Assignment and Assumption X Exhibit A: Legal Description Addendum/Amendment X Exhibit B: Additional Terms 19. IDENTIFICATION OF THE PARTIES. The following is the contact information for the parties involved in this Agreement: Seller Buyer Contact: Richa Sigdal Contact: Chris Corbin Address: 523 N. 3rd Ave. Address: Pasco, WA 99301 Phone: 509.544.3060 Phone: (206) 399-9448 Email: sigdelr@pasco-wa.gov Email: puck955@gmail.com Listing Firm Selling Firm Name: SVN | Retter & Company Name: Same Listing Broker: Rob Ellsworth Selling Broker: Address: 329 N. Kellogg St. Address: Kennewick, WA 99336 Phone: 509.430.2378 Phone: Email: Rob@RobEllsworth.com Email: Firm Lic. #: 20279 Firm Lic. #: Broker Lic. #: 17790 Broker Lic. #: Copy of Notices to Buyer to: Copy of Notices to Seller to: Name: Name: Company: Company: Address: Address: Phone: Phone: Email: Email: 20. Purchase and Sale. Buyer agrees to buy and Seller agrees to sell the commercial real estate identified in Section 1 as the Property and all improvements thereon. Unless expressly provided otherwise in this Agreement or its Addenda, the Property shall include (i) all of Seller’s rights, title and interest in the Property, (ii) all easements and rights appurtenant to the Property, (iii) all buildings, fixtures, and improvements on the Property, (iv) all unexpired leases and subleases; and (v) all included personal property. 21. Acceptance; Counteroffers. If this offer is not timely accepted, it shall lapse and the earnest money shall be refunded to Buyer. If either party makes a future counteroffer, the other party shall have until 5:00 p.m. on the day (if not filled in, the second day) following receipt to accept the counteroffer, unless sooner withdrawn. If the counteroffer is not timely accepted or countered, this Agreement shall lapse and the earnest money shall be refunded to Buyer. No acceptance, offer or counteroffer from Buyer is effective until a signed copy is received by Seller, the Listing Broker or the licensed office of the Listing Broker. No acceptance, offer or Buyer Date Buyer Date Seller Date Seller Date DocuSign Envelope ID: 7C7E748F-EAC3-40AD-A11F-7BCB5E03796C 3/18/2024 DocuSign Envelope ID: 268D9ACC-7621-4033-8A0E-63623280975B 3/28/2024 Page 165 of 223 Commercial & Investment Real Estate Purchase & Sale Agreement Commercial Brokers Association ALL RIGHTS RESERVED CBA Form PS-1A | Purchase & Sale Agreement Rev. 1/2024 Page |3 15 counteroffer from Seller is effective until a signed copy is received by Buyer, the Selling Broker or the licensed office of the Selling Broker. "Mutual Acceptance" shall occur when the last counteroffer is signed by the offeree, and the fully-signed counteroffer has been received by the offeror, his or her broker, or the licensed office of the broker. If any party is not represented by a broker, then notices must be delivered to that party and shall be effective when received by that party. 22. Earnest Money. Selling Broker and Selling Firm are authorized to transfer Earnest Money to Closing Agent as necessary. Selling Firm shall deposit any check to be held by Selling Firm within 3 days after receipt or Mutual Acceptance, whichever occurs later. If the Earnest Money is to be held by Selling Firm and is over $10,000, it shall be deposited to: the Selling Firm's pooled trust account (with interest paid to the State Treasurer); or a separate interest bearing trust account in Selling Firm's name, provided that Buyer completes an IRS Form W-9 (if not completed, separate interest bearing trust account). The interest, if any, shall be credited at closing to Buyer. If this sale fails to close, whoever is entitled to the Earnest Money is entitled to interest. Unless otherwise provided in this Agreement, the Earnest Money shall be applicable to the Purchase Price. 23. Title Insurance. a. Title Report. Seller authorizes Buyer, its Lender, Listing Broker, Selling Broker or Closing Agent, at Seller’s expense, to apply for and deliver to Buyer a standard coverage owner’s policy of title insurance from the Title Insurance Company. Buyer shall have the discretion to apply for an extended coverage owner’s policy of title insurance and any endorsements, provided that Buyer shall pay the increased costs associated with an extended policy including the excess premium over that charged for a standard coverage policy, the cost of any endorsements requested by Buyer, and the cost of any survey required by the title insurer. If Seller previously received a preliminary commitment from a title insurer that Buyer declines to use, Buyer shall pay any cancellation fee owing to the original title insurer. Otherwise, the party applying for title insurance shall pay any title cancellation fee, in the event such a fee is assessed. b. Permitted Exceptions. Buyer shall notify Seller of any objectionable matters in the title report or any supplemental report within the earlier of: (a) days (20 days if not completed) after receipt of the preliminary commitment for title insurance; or (b) the Feasibility Contingency Date. This Agreement shall terminate and Buyer shall receive a refund of the earnest money, less any costs advanced or committed for Buyer, unless within five (5) days of Buyer’s notice of such objections Seller shall give notice, in writing, of its intent to remove all objectionable provisions before Closing. If Seller fails to give timely notice that it will clear all disapproved objections, this Agreement shall automatically terminate and Buyer shall receive a refund of the earnest money, less any costs advanced or committed for Buyer, unless Buyer notifies Seller within three (3) days that Buyer waives any objections which Seller does not agree to remove. If any new title matters are disclosed in a supplemental title report, then the preceding termination, objection and waiver provisions shall apply to the new title matters except that Buyer’s notice of objections must be delivered within three (3) days of receipt of the supplemental report by Buyer and Seller’s response or Buyer’s waiver must be delivered within two (2) days of Buyer’s notice of objections. The Closing Date shall be extended to the extent necessary to permit time for these notices. Buyer shall not be required to object to any mortgage or deed of trust liens, or the statutory lien for real property taxes, and the same shall not be deemed to be Permitted Exceptions; provided, however, that the lien securing any financing which Buyer has agreed to assume shall be a Permitted Exception. Except for the foregoing, those provisions not objected to or for which Buyer waived its objections shall be referred to collectively as the “Permitted Exceptions.” Seller shall reasonably cooperate with Buyer and the title company to clear objectionable title matters and shall provide an affidavit containing the information and reasonable covenants requested by the title company. The title policy shall contain no exceptions other than the General Exclusions and Buyer Date Buyer Date Seller Date Seller Date DocuSign Envelope ID: 7C7E748F-EAC3-40AD-A11F-7BCB5E03796C 3/18/2024 DocuSign Envelope ID: 268D9ACC-7621-4033-8A0E-63623280975B 3/28/2024 Page 166 of 223 Commercial & Investment Real Estate Purchase & Sale Agreement Commercial Brokers Association ALL RIGHTS RESERVED CBA Form PS-1A | Purchase & Sale Agreement Rev. 1/2024 Page |4 15 Exceptions common to such form of policy and the Permitted Exceptions. c. Title Policy. At Closing, Buyer shall receive an ALTA Form 2006 Owner’s Policy of Title Insurance with standard or extended coverage (as specified by Buyer) dated as of the Closing Date in the amount of the Purchase Price, insuring that fee simple title to the Property is vested in Buyer, subject only to the Permitted Exceptions (“Title Policy”), provided that Buyer acknowledges that obtaining extended coverage may be conditioned on the Title Company’s receipt of a satisfactory survey paid for by Buyer. If Buyer elects extended coverage, then Seller shall execute and deliver to the Title Company on or before Closing the such affidavits and other documents as the Title Company reasonably and customarily requires to issue extended coverage. 24. Feasibility Contingency. Buyer’s obligations under this Agreement are conditioned upon Buyer's satisfaction, in Buyer’s sole discretion, concerning all aspects of the Property, including its physical condition; the presence of or absence of any hazardous substances; the contracts and leases affecting the Property; the potential financial performance of the Property; the availability of government permits and approvals; and the feasibility of the Property for Buyer's intended purpose. This Agreement shall terminate and Buyer shall receive a refund of the earnest money unless Buyer gives notice that the Feasibility Contingency is satisfied to Seller before 5:00pm on the Feasibility Contingency Date. If such notice is timely given, the feasibility contingency shall be deemed to be satisfied and Buyer shall be deemed to have accepted and waived any objection regarding any aspects of the Property as they exist on the Feasibility Contingency Date. a. Books, Records, Leases, Agreements. Within 3 days (3 days if not filled in) Seller shall deliver to Buyer or post in an online database maintained by Seller or Listing Broker, to which Buyer has been given unlimited access, true, correct and complete copies of all documents in Seller’s possession or control relating to the ownership, operation, renovation or development of the Property, excluding appraisals or other statements of value, and including the following: statements for real estate taxes, assessments, and utilities for the last three years and year to date; property management agreements and any other agreements with professionals or consultants; leases or other agreements relating to occupancy of all or a portion of the Property and a suite-by-suite schedule of tenants, rents, prepaid rents, deposits and fees; plans, specifications, permits, applications, drawings, surveys, and studies; maintenance records, accounting records and audit reports for the last three years and year to date; any existing environmental reports; any existing surveys; any existing inspection reports; and “Vendor Contracts” which shall include maintenance or service contracts, and installments purchase contracts or leases of personal property or fixtures used in connection with the Property. Buyer shall determine by the Feasibility Contingency Date: (i) whether Seller will agree to terminate any objectionable Vendor Contracts; and (ii) whether Seller will agree to pay any damages or penalties resulting from the termination of objectionable Vendor Contracts. Buyer’s waiver of the Feasibility Contingency shall be deemed Buyer’s acceptance of all Vendor Contracts which Seller has not agreed in writing to terminate. Buyer shall be solely responsible for obtaining any required consents to such assumption and the payment of any assumption fees. Seller shall cooperate with Buyer's efforts to receive any such consents but shall not be required to incur any out-of-pocket expenses or liability in doing so. Any information provided or to be provided by Seller with respect to the Property is solely for Buyer’s convenience and Seller has not made any independent investigation or verification of such information (other than that the documents are true, correct, and complete, as stated above) and makes no representations as to the accuracy or completeness of such information, except to the extent expressly provided otherwise in this Agreement. Seller shall transfer the Vendor Contracts as provided in Section 25. b. Access. Seller shall permit Buyer and its agents, at Buyer's sole expense and risk, to enter the Property at reasonable times subject to the rights of and after legal notice to tenants, to conduct inspections concerning the Property, including without limitation, the structural condition of improvements, hazardous materials, pest infestation, soils conditions, sensitive Buyer Date Buyer Date Seller Date Seller Date DocuSign Envelope ID: 7C7E748F-EAC3-40AD-A11F-7BCB5E03796C 3/18/2024 DocuSign Envelope ID: 268D9ACC-7621-4033-8A0E-63623280975B 3/28/2024 Page 167 of 223 Commercial & Investment Real Estate Purchase & Sale Agreement Commercial Brokers Association ALL RIGHTS RESERVED CBA Form PS-1A | Purchase & Sale Agreement Rev. 1/2024 Page |5 15 areas, wetlands, or other matters affecting the feasibility of the Property for Buyer’s intended use. Buyer shall schedule any entry onto the Property with Seller in advance and shall comply with Seller's reasonable requirements including those relating to security, confidentiality, and disruption of Seller's tenants. Prior to entering the Property and while conducting any inspections, Buyer shall, at no cost or expense to Seller: (a) procure and maintain commercial general liability (occurrence) insurance in an amount no less than $2,000,000 on commercially reasonable terms adequate to insure against all liability arising out of any entry onto or inspections of the Property that lists Seller and Tenant as additional insureds; and (b) deliver to Seller prior to entry upon the Property certificates of insurance for Buyer and any applicable agents or representatives evidencing such required insurance. Buyer shall not perform any invasive testing including environmental inspections beyond a phase I assessment or contact the tenants or property management personnel without obtaining Seller's prior written consent, which shall not be unreasonably withheld, conditioned or delayed. Buyer shall restore the Property and all improvements to substantially the same condition they were in prior to inspection. Buyer shall be solely responsible for all costs of its inspections and feasibility analysis and has no authority to bind the Property for purposes of statutory liens. Buyer agrees to indemnify and defend Seller from all liens, costs, claims, and expenses, including attorneys' and experts' fees, arising from or relating to entry onto or inspection of the Property by Buyer and its agents, which obligation shall survive closing. Buyer may continue to enter the Property in accordance with the foregoing terms and conditions after removal or satisfaction of the Feasibility Contingency only for the purpose of leasing or to satisfy conditions of financing. c. Access Insurance (check if applicable). Notwithstanding anything in this Section 24 to the contrary, prior to entering the Property and while conducting any inspections pursuant to subsection (b) above, Buyer shall, at no cost or expense to Seller: (a) procure and maintain commercial general liability (occurrence) insurance in an amount no less than $2,000,000 on commercially reasonable terms adequate to insure against all liability arising out of any entry onto or inspections of the Property that lists Seller and Tenant as additional insureds; and (b) deliver to Seller prior to entry upon the Property certificates of insurance for Buyer and any applicable agents or representatives evidencing such required insurance. d. Buyer waives, to the fullest extent permissible by law, the right to receive a seller disclosure statement (e.g. “Form 17”) if required by RCW 64.06 and its right to rescind this Agreement pursuant thereto. However, if Seller would otherwise be required to provide Buyer with a Form 17, and if the answer to any of the questions in the section of the Form 17 entitled “Environmental” would be “yes,” then Buyer does not waive the receipt of the “Environmental” section of the Form 17 which shall be provided by Seller. 25. Conveyance. Title shall be conveyed subject only to the Permitted Exceptions. If this Agreement is for conveyance of Seller’s vendee’s interest in a Real Estate Contract, the deed shall include a contract vendee’s assignment sufficient to convey after-acquired title. At Closing, Seller and Buyer shall execute and deliver to Closing Agent CBA Form PS-AS Assignment and Assumption Agreement transferring all leases and Vendor Contracts assumed by Buyer pursuant to Section 25(b) and all intangible property transferred pursuant to Section 25(b). 26. Personal Property. a. If this sale includes the personal property located on and used in connection with the Property, Seller will itemize such personal property in an Exhibit to be attached to this Agreement within ten (10) days of Mutual Acceptance. The value assigned to any personal property shall be $ 0 (if not completed, the County-assessed value if available, and if not available, the fair market value determined by an appraiser selected by the Listing Broker and Selling Broker). Seller warrants title to, but not the condition of, the personal property and shall convey it by bill of sale. Buyer Date Buyer Date Seller Date Seller Date DocuSign Envelope ID: 7C7E748F-EAC3-40AD-A11F-7BCB5E03796C 3/18/2024 DocuSign Envelope ID: 268D9ACC-7621-4033-8A0E-63623280975B 3/28/2024 Page 168 of 223 Commercial & Investment Real Estate Purchase & Sale Agreement Commercial Brokers Association ALL RIGHTS RESERVED CBA Form PS-1A | Purchase & Sale Agreement Rev. 1/2024 Page |6 15 b. In addition to the leases and Vendor Contracts assumed by Buyer pursuant to Section 24 above, this sale includes all right, title and interest of Seller to the following intangible property now or hereafter existing with respect to the Property including without limitation: all rights-of-way, rights of ingress or egress or other interests in, on, or to, any land, highway, street, road, or avenue, open or proposed, in, on, or across, in front of, abutting or adjoining the Property; all rights to utilities serving the Property; all drawings, plans, specifications and other architectural or engineering work product; all governmental permits, certificates, licenses, authorizations and approvals; all rights, claims, causes of action, and warranties under contracts with contractors, engineers, architects, consultants or other parties associated with the Property; all utility, security and other deposits and reserve accounts made as security for the fulfillment of any of Seller's obligations; any name of or telephone numbers for the Property and related trademarks, service marks or trade dress; and guaranties, warranties or other assurances of performance received. 27. Seller’s Underlying Financing. Unless Buyer is assuming Seller’s underlying financing, Seller shall be responsible for confirming the existing underlying financing is not subject to any "lock out" or similar covenant which would prevent the lender's lien from being released at closing. In addition, Seller shall provide Buyer notice prior to the Feasibility Contingency Date if Seller is required to substitute securities for the Property as collateral for the underlying financing (known as “defeasance”). If Seller provides this notice of defeasance to Buyer, then the parties shall close the transaction in accordance with the process described in CBA Form PS_D or any different process identified in Seller’s defeasance notice to Buyer. 28. Closing of Sale. Buyer and Seller shall deposit with Closing Agent by 12:00 p.m. on the scheduled Closing Date all instruments and monies required to complete the purchase in accordance with this Agreement. Upon receipt of such instruments and monies, Closing Agent shall cause the deed to be recorded and shall pay to Seller, in immediately available funds, the Purchase Price less any costs or other amounts to be paid by Seller at Closing. “Closing” shall be deemed to have occurred when the deed is recorded and the sale proceeds are available to Seller. Time is of the essence in the performance of this Agreement. Sale proceeds shall be considered available to Seller, even if they cannot be disbursed to Seller until the next business day after Closing. Notwithstanding the foregoing, if Seller informed Buyer before the Feasibility Contingency Date that Seller’s underlying financing requires that it be defeased and may not be paid off, then Closing shall be conducted in accordance with the three(3)-day closing process described in CBA Form PS_D. This Agreement is intended to constitute escrow instructions to Closing Agent. Buyer and Seller will provide any supplemental instructions requested by Closing Agent provided the same are consistent with this Agreement. 29. Closing Costs and Prorations. Seller shall deliver an updated rent roll to Closing Agent not later than two (2) days before the scheduled Closing Date in the form required by Section 23(a) and any other information reasonably requested by Closing Agent to allow Closing Agent to prepare a settlement statement for Closing. Seller certifies that the information contained in the rent roll is correct as of the date submitted. Seller shall pay the premium for the owner's standard coverage title policy. Buyer shall pay the excess premium attributable to any extended coverage or endorsements requested by Buyer, and the cost of any survey required in connection with the same. Seller and Buyer shall each pay one-half of the escrow fees. Any real estate excise taxes shall be paid by the party who bears primary responsibility for payment under the applicable statute or code. Real and personal property taxes and assessments payable in the year of closing; collected rents on any existing tenancies; expenses already incurred by Seller that relate to services to be provided to the Property after the Closing Date; interest; utilities; and other operating expenses shall be pro- rated as of Closing. Seller will be charged and credited for the amounts of all of the pro-rated items relating to the period up to and including 11:59 pm Pacific Time on the day preceding the Closing Date, and Buyer will be charged and credited for all of the pro-rated items relating to Buyer Date Buyer Date Seller Date Seller Date DocuSign Envelope ID: 7C7E748F-EAC3-40AD-A11F-7BCB5E03796C 3/18/2024 DocuSign Envelope ID: 268D9ACC-7621-4033-8A0E-63623280975B 3/28/2024 Page 169 of 223 Commercial & Investment Real Estate Purchase & Sale Agreement Commercial Brokers Association ALL RIGHTS RESERVED CBA Form PS-1A | Purchase & Sale Agreement Rev. 1/2024 Page |7 15 the period on and after the Closing Date. If tenants pay any of the foregoing expenses directly, then Closing Agent shall only pro rate those expenses paid by Seller. Buyer shall pay to Seller at Closing an additional sum equal to any utility deposits or mortgage reserves for assumed financing for which Buyer receives the benefit after Closing. Buyer shall pay all costs of financing including the premium for the lender's title policy. If the Property was taxed under a deferred classification prior to Closing, then Seller shall pay all taxes, interest, penalties, deferred taxes or similar items which result from removal of the Property from the deferred classification. At Closing, all refundable deposits on tenancies shall be credited to Buyer or delivered to Buyer for deposit in a trust account if required by state or local law. Buyer shall pay any sales or use tax applicable to the transfer of personal property included in the sale. 30. Post-Closing Adjustments, Collections, and Payments. After Closing, Buyer and Seller shall reconcile the actual amount of revenues or liabilities upon receipt or payment thereof to the extent those items were prorated or credited at Closing based upon estimates. Any bills or invoices received by Buyer after Closing which relate to services rendered or goods delivered to the Seller or the Property prior to Closing shall be paid by Seller upon presentation of such bill or invoice. At Buyer's option, Buyer may pay such bill or invoice and be reimbursed the amount paid plus interest at the rate of 12% per annum beginning fifteen (15) days from the date of Buyer's written demand to Seller for reimbursement until such reimbursement is made. Notwithstanding the foregoing, if tenants pay certain expenses based on estimates subject to a post-closing reconciliation to the actual amount of those expenses, then Buyer shall be entitled to any surplus and shall be liable for any credit resulting from the reconciliation. Rents collected from each tenant after Closing shall be applied first to rentals due most recently from such tenant for the period after closing, and the balance shall be applied for the benefit of Seller for delinquent rentals owed for a period prior to closing. The amounts applied for the benefit of Seller shall be turned over by Buyer to Seller promptly after receipt. Seller shall be entitled to pursue any lawful methods of collection of delinquent rents but shall have no right to evict tenants after Closing. Any adjustment shall be made, if any, within 180 days of the Closing Date, and if a party fails to request an adjustment by notice delivered to the other party within the applicable period set forth above (such notice to specify in reasonable detail the items within the Closing Statement that such party desires to adjust and the reasons for such adjustment), then the allocations and prorations at Closing shall be binding and conclusive against such party. 31. Operations Prior to Closing. Prior to Closing, Seller shall continue to operate the Property in the ordinary course of its business and maintain the Property in the same or better condition than as existing on the date of Mutual Acceptance but shall not be required to repair material damage from casualty except as otherwise provided in this Agreement. After the Feasibility Contingency Date, Seller shall not enter into or modify existing rental agreements or leases (except that Seller may enter into, modify, extend, renew or terminate residential rental agreements or residential leases for periods of 12 months or less in the ordinary course of its business), service contracts, or other agreements affecting the Property which have terms extending beyond Closing without obtaining Buyer's consent, which shall not be withheld unreasonably. 32. Possession. Buyer shall accept possession subject to all tenancies disclosed to Buyer before the Feasibility Contingency Date. 33. Seller’s Representations. Except as disclosed to or known by Buyer prior to the satisfaction or waiver of the Feasibility Contingency, including in the books, records and documents made available to Buyer, or in the title report or any supplemental report or documents referenced therein, Seller represents to Buyer that, to the best of Seller's actual knowledge, each of the following is true as of the date hereof: (a) Seller is authorized to enter into the Agreement, to sell the Property, and to perform its obligations under the Agreement, and no further consent, Buyer Date Buyer Date Seller Date Seller Date DocuSign Envelope ID: 7C7E748F-EAC3-40AD-A11F-7BCB5E03796C 3/18/2024 DocuSign Envelope ID: 268D9ACC-7621-4033-8A0E-63623280975B 3/28/2024 Page 170 of 223 Commercial & Investment Real Estate Purchase & Sale Agreement Commercial Brokers Association ALL RIGHTS RESERVED CBA Form PS-1A | Purchase & Sale Agreement Rev. 1/2024 Page |8 15 waiver, approval or authorization is required from any person or entity to execute and perform under this Agreement; (b) The books, records, leases, agreements and other items delivered to Buyer pursuant to this Agreement comprise all material documents in Seller's possession or control regarding the operation and condition of the Property, are true, accurate and complete to the best of Seller’s knowledge, and no other contracts or agreements exist that will be binding on Buyer after Closing; (c) Seller has not received any written notices that the Property or any business conducted thereon violate any applicable laws, regulations, codes and ordinances; (d) Seller has all certificates of occupancy, permits, and other governmental consents necessary to own and operate the Property for its current use; (e) There is no pending or threatened litigation which would adversely affect the Property or Buyer's ownership thereof after Closing; (f) There is no pending or threatened condemnation or similar proceedings affecting the Property, and the Property is not within the boundaries of any planned or authorized local improvement district; (g) Seller has paid (except to the extent prorated at Closing) all local, state and federal taxes (other than real and personal property taxes and assessments described in Section 28 above) attributable to the period prior to closing which, if not paid, could constitute a lien on Property (including any personal property), or for which Buyer may be held liable after Closing; (h) Seller is not aware of any concealed material defects in the Property except as disclosed to Buyer before the Feasibility Contingency Date; (i) There are no Hazardous Substances (as defined below) currently located in, on, or under the Property in a manner or quantity that presently violates any Environmental Law (as defined below); there are no underground storage tanks located on the Property; and there is no pending or threatened investigation or remedial action by any governmental agency regarding the release of Hazardous Substances or the violation of Environmental Law at the Property; (j) Seller has not granted any options nor obligated itself in any matter whatsoever to sell the Property or any portion thereof to any party other than Buyer; and (k) Neither Seller nor any of its respective partners, members, shareholders or other equity owners, is a person or entity with whom U.S. persons or entities are restricted from doing business under regulations of the Office of Foreign Asset Control (“OFAC”) of the Department of the Treasury (including those named on OFAC’s Specially Designated and Blocked Persons List) or under any statute or executive order; and (l) the individual signing this Agreement on behalf of Seller represents and warrants to Buyer that he or she has the authority to act on behalf of and bind Seller. As used herein, the term "Hazardous Substances" shall mean any substance or material now or hereafter defined or regulated as a hazardous substance, hazardous waste, toxic substance, pollutant, or contaminant under any federal, state, or local law, regulation, or ordinance governing any substance that could cause actual or suspected harm to human health or the environment ("Environmental Law"). The term "Hazardous Substances" specifically includes, but is not limited to, petroleum, petroleum by-products, and asbestos. If prior to Closing Seller or Buyer discovers any information which would cause any of the representations above to be false if the representations were deemed made as of the date of such discovery, then the party discovering the information shall promptly notify the other party in writing and Buyer, as its sole remedy, may elect to terminate this Agreement by giving Seller notice of such termination within five (5) days after Buyer first received actual notice (with the Closing Date extended to accommodate such five (5) day period), and in such event, the Earnest Money Deposit shall be returned to Buyer. Buyer shall give notice of termination within five (5) days of discovering or receiving written notice of the new information. Nothing in this paragraph shall prevent Buyer from pursuing its remedies against Seller if Seller had actual knowledge of the newly discovered information such that a representation provided for above was false. 34. As-Is. Except for the express representations and warranties in this Agreement, (a) Seller makes no representations or warranties regarding the Property; (b) Seller hereby disclaims, and Buyer hereby waives, any and all representations or warranties of any kind, express or Buyer Date Buyer Date Seller Date Seller Date DocuSign Envelope ID: 7C7E748F-EAC3-40AD-A11F-7BCB5E03796C 3/18/2024 DocuSign Envelope ID: 268D9ACC-7621-4033-8A0E-63623280975B 3/28/2024 Page 171 of 223 Commercial & Investment Real Estate Purchase & Sale Agreement Commercial Brokers Association ALL RIGHTS RESERVED CBA Form PS-1A | Purchase & Sale Agreement Rev. 1/2024 Page |9 15 implied, concerning the Property or any portion thereof, as to its condition, value, compliance with laws, status of permits or approvals, existence or absence of hazardous material on site, suitability for Buyer’s intended use, occupancy rate or any other matter of similar or dissimilar nature relating in any way to the Property, including the warranties of fitness for a particular purpose, tenantability, habitability and use; (c) Buyer takes the Property “AS IS” and with all faults; and (d) Buyer represents and warrants to Seller that Buyer has sufficient experience and expertise such that it is reasonable for Buyer to rely on its own pre-closing inspections and investigations. 35. Buyer’s Representations. Buyer represents that Buyer is authorized to enter into the Agreement; to buy the Property; to perform its obligations under the Agreement; and that neither the execution and delivery of this Agreement nor the consummation of the transaction contemplated hereby will: (a) conflict with or result in a breach of any law, regulation, writ, injunction or decree of any court or governmental instrumentality applicable to Buyer; or (b) constitute a breach of any agreement to which Buyer is a party or by which Buyer is bound. The individual signing this Agreement on behalf of Buyer represents that he or she has the authority to act on behalf of and bind Buyer. 36. Claims. Any claim or cause of action with respect to a breach of the representations and warranties set forth herein shall survive for a period of nine (9) months from the Closing Date, at which time such representations and warranties (and any cause of action resulting from a breach thereof not then in litigation, including indemnification claims) shall terminate. Notwithstanding anything to the contrary in this Agreement: (a) Buyer shall not make a claim against Seller for damages for breach or default of any representation or warranty, unless the amount of such claim is reasonably anticipated to exceed $25,000; and (b) under no circumstances shall Seller be liable to Buyer on account of any breach of any representation or warranty in the aggregate in excess of the amount equal to $250,000, except in the event of Seller’s fraud or intentional misrepresentation with respect to any representation or warranty regarding the environmental condition of the Property, in which case Buyer’s damages shall be unlimited. 37. Condemnation and Casualty. Seller bears all risk of loss until Closing, and thereafter Buyer bears all risk of loss. Buyer may terminate this Agreement and obtain a refund of the earnest money if improvements on the Property are materially damaged or if condemnation proceedings are commenced against all or a portion of the Property before Closing, to be exercised by notice to Seller within ten (10) days after Seller’s notice to Buyer of the occurrence of the damage or condemnation proceedings. Damage will be considered material if the cost of repair exceeds the lesser of $100,000 or five percent (5%) of the Purchase Price. Alternatively, Buyer may elect to proceed with closing, in which case, at Closing, Seller shall not be obligated to repair any damage, and shall assign to Buyer all claims and right to proceeds under any property insurance policy and shall credit to Buyer at Closing the amount of any deductible provided for in the policy. 38. FIRPTA Tax Withholding at Closing. Closing Agent is instructed to prepare a certification (CBA or NWMLS Form 22E, or equivalent) that Seller is not a “foreign person” within the meaning of the Foreign Investment in Real Property Tax Act, and Seller shall sign it on or before Closing. If Seller is a foreign person, and this transaction is not otherwise exempt from FIRPTA, Closing Agent is instructed to withhold and pay the required amount to the Internal Revenue Service. 39. Notices. Unless otherwise specified, any notice required or permitted in, or related to, this Agreement (including revocations of offers and counteroffers) must be in writing. Notices to Seller must be signed by at least one Buyer and must be delivered to Seller and Listing Broker with a courtesy copy to any other party identified as a recipient of notices in Section 18. A notice to Seller shall be deemed delivered only when received by Seller and Listing Broker, or Buyer Date Buyer Date Seller Date Seller Date DocuSign Envelope ID: 7C7E748F-EAC3-40AD-A11F-7BCB5E03796C 3/18/2024 DocuSign Envelope ID: 268D9ACC-7621-4033-8A0E-63623280975B 3/28/2024 Page 172 of 223 Commercial & Investment Real Estate Purchase & Sale Agreement Commercial Brokers Association ALL RIGHTS RESERVED CBA Form PS-1A | Purchase & Sale Agreement Rev. 1/2024 Page |10 15 the licensed office of Listing Broker. Notices to Buyer must be signed by at least one Seller and must be delivered to Buyer, with a copy to Selling Broker and with a courtesy copy to any other party identified as a recipient of notices in Section 18. A notice to Buyer shall be deemed delivered only when received by Buyer and Selling Broker, or the licensed office of Selling Broker. Selling Broker and Listing Broker otherwise have no responsibility to advise parties of receipt of a notice beyond either phoning the represented party or causing a copy of the notice to be delivered to the party's address provided in this Agreement. Buyer and Seller shall keep Selling Broker and Listing Broker advised of their whereabouts in order to receive prompt notification of receipt of a notice. If any party is not represented by a licensee, then notices must be delivered to and shall be effective when received by that party at the address, fax number, or email indicated in Section 18. Facsimile transmission of any notice or document shall constitute delivery. E-mail transmission of any notice or document (or a direct link to such notice or document) shall constitute delivery when: (i) the e-mail is sent to both Selling Broker and Selling Firm or both Listing Broker and Listing Firm at the e-mail addresses specified on page two of this Agreement; or (ii) Selling Broker or Listing Broker provide written acknowledgment of receipt of the e-mail (an automatic e-mail reply does not constitute written acknowledgment). At the request of either party, or the Closing Agent, the parties will confirm facsimile or e-mail transmitted signatures by signing an original document. 40. Computation of Time. Unless otherwise specified in this Agreement, any period of time in this Agreement shall mean Pacific Time and shall begin the day after the event starting the period and shall expire at 5:00 p.m. of the last calendar day of the specified period of time, unless the last day is a Saturday, Sunday or legal holiday as defined in RCW 1.16.050, in which case the specified period of time shall expire on the next day that is not a Saturday, Sunday or legal holiday. Any specified period of five (5) days or less shall not include Saturdays, Sundays or legal holidays. Notwithstanding the foregoing, references to specific dates or times or number of hours shall mean those dates, times or number of hours; provided, however, that if the Closing Date falls on a Saturday, Sunday, or legal holiday as defined in RCW 1.16.050, or a date when the county recording office is closed, then the Closing Date shall be the next regular business day. If the parties agree upon and attach a legal description after this Agreement is signed by the offeree and delivered to the offeror, then for the purposes of computing time, mutual acceptance shall be deemed to be on the date of delivery of an accepted offer or counteroffer to the offeror, rather than on the date the legal description is attached. 41. Assignment. Buyer’s rights and obligations under this Agreement are not assignable without the prior written consent of Seller, which shall not be withheld unreasonably; provided, however, Buyer may assign this Agreement without the consent of Seller, but with notice to Seller, to any entity under common control and ownership of Buyer, provided no such assignment shall relieve Buyer of its obligations hereunder. If the words "and/or assigns" or similar words are used to identify Buyer in Section 2, then this Agreement may be assigned with notice to Seller but without need for Seller's consent. The party identified as the initial Buyer shall remain responsible for those obligations of Buyer stated in this Agreement notwithstanding any assignment and, if this Agreement provides for Seller to finance a portion of the purchase price, then the party identified as the initial Buyer shall guarantee payment of Seller financing. 42. Default and Attorneys’ Fees. a. Buyer's default. In the event Buyer fails, without legal excuse, to complete the purchase of the Property, then the applicable provision as identified in Section 13 shall apply: i. Forfeiture of Earnest Money. Seller may terminate this Agreement and keep that portion of the earnest money that does not exceed five percent (5%) of the Purchase Price as liquidated damages as the sole and exclusive remedy available to Seller for such failure. ii. Seller’s Election of Remedies. Seller may, at its option, (a) terminate this Agreement Buyer Date Buyer Date Seller Date Seller Date DocuSign Envelope ID: 7C7E748F-EAC3-40AD-A11F-7BCB5E03796C 3/18/2024 DocuSign Envelope ID: 268D9ACC-7621-4033-8A0E-63623280975B 3/28/2024 Page 173 of 223 Commercial & Investment Real Estate Purchase & Sale Agreement Commercial Brokers Association ALL RIGHTS RESERVED CBA Form PS-1A | Purchase & Sale Agreement Rev. 1/2024 Page |11 15 and keep that portion of the earnest money that does not exceed five percent (5%) of the Purchase Price as liquidated damages as the sole and exclusive remedy available to Seller for such failure, (b) bring suit against Buyer for Seller's actual damages, (c) bring suit to specifically enforce this Agreement and recover any incidental damages, or (d) pursue any other rights or remedies available at law or equity. b. Seller's default. In the event Seller fails, without legal excuse, to complete the sale of the Property, then the applicable provision as identified in Section 14 shall apply: i. Recover Earnest Money or Specific Enforcement. As Buyer’s sole remedy, Buyer may either (a) terminate this Agreement and recover all earnest money or fees paid by Buyer whether or not the same are identified as refundable or applicable to the purchase price; or (b) bring suit to specifically enforce this Agreement and recover incidental damages, provided, however, Buyer must file suit within sixty (60) days from the Closing Date or from the date Seller has provided notice to Buyer that Seller will not proceed with closing, whichever is earlier. ii. Buyer’s Election of Remedies. Buyer may, at its option, (a) bring suit against Seller for Buyer's actual damages, (b) bring suit to specifically enforce this Agreement and recover any incidental damages, or (c) pursue any other rights or remedies available at law or equity. c. Neither Buyer nor Seller may recover consequential damages such as lost profits. If Buyer or Seller institutes suit against the other concerning this Agreement, the prevailing party is entitled to reasonable attorneys' fees and costs. In the event of trial, the amount of the attorneys’ fees shall be fixed by the court. The venue of any suit shall be the county in which the Property is located, and this Agreement shall be governed by the laws of the State of Washington without regard to its principles of conflicts of laws. 43. MiscellaneousProvisions. a. Complete Agreement. This Agreement and any addenda and exhibits thereto state the entire understanding of Buyer and Seller regarding the sale of the Property. There are no verbal or other written agreements which modify or affect the Agreement, and no modification of this Agreement shall be effective unless agreed in writing and signed by the parties. b. Counterpart Signatures. This Agreement may be signed in counterpart, each signed counterpart shall be deemed an original, and all counterparts together shall constitute one and the same agreement. c. Electronic Delivery and Signatures. Electronic delivery of documents (e.g., transmission by facsimile or email) including signed offers or counteroffers and notices shall be legally sufficient to bind the party the same as delivery of an original. At the request of either party, or the Closing Agent, the parties will replace electronically delivered offers or counteroffers with original documents. The parties acknowledge that a signature in electronic form has the same legal effect as a handwritten signature. d. Section 1031 Like-Kind Exchange. If either Buyer or Seller intends for this transaction to be a part of a Section 1031 like-kind exchange, then the other party agrees to cooperate in the completion of the like- kind exchange so long as the cooperating party incurs no additional liability in doing so, and so long as any expenses (including attorneys’ fees and costs) incurred by the cooperating party that are related only to the exchange are paid or reimbursed to the cooperating party at or prior to Closing. Notwithstanding this provision, no party shall be obligated to extend closing as part of its agreement to facilitate completion of a like-kind exchanged. In addition, notwithstanding Section 40 above, any party completing a Section 1031 like-kind exchange may assign this Agreement to its qualified intermediary or any entity set up for the purposes of completing a reverse exchange. 44. Information Transfer. In the event this Agreement is terminated, Buyer agrees to deliver to Seller within ten (10) days of Seller's written request copies of all materials received from Seller Buyer Date Buyer Date Seller Date Seller Date DocuSign Envelope ID: 7C7E748F-EAC3-40AD-A11F-7BCB5E03796C 3/18/2024 DocuSign Envelope ID: 268D9ACC-7621-4033-8A0E-63623280975B 3/28/2024 Page 174 of 223 Commercial & Investment Real Estate Purchase & Sale Agreement Commercial Brokers Association ALL RIGHTS RESERVED CBA Form PS-1A | Purchase & Sale Agreement Rev. 1/2024 Page |12 15 and any non-privileged plans, studies, reports, inspections, appraisals, surveys, drawings, permits, applications or other development work product relating to the Property in Buyer's possession or control as of the date this Agreement is terminated. 45. Confidentiality. Until and unless closing has been consummated, Buyer and Seller shall follow reasonable measures to prevent unnecessary disclosure of information obtained in connection with the negotiation and performance of this Agreement. Neither party shall use or knowingly permit the use of any such information in any manner detrimental to the other party. 46. Agency Disclosure. Buyer Brokerage Firm, Buyer Brokerage Firm’s Designated Broker, Buyer Brokerage Firm’s Branch Manager (if any) and any of Buyer Brokerage’s Firm’s Managing Brokers who supervise Buyer Broker represent the same party that Buyer Broker represents. Listing Firm, Listing Firm’s Designated Broker, Listing Broker’s Branch Manager (if any), and any of Listing Firm’s Managing Brokers who supervise Listing Broker represent the same party that the Listing Broker represents. All parties acknowledge receipt of the pamphlet entitled “Real Estate Brokerage in Washington.” 47. Buyer Broker’s Compensation Disclosure. a.Compensation from Seller. The compensation offered to Buyer Brokerage Firm by Seller for providing buyer brokerage services to Buyer related to the Property is: X 3 % of the purchase price $ other: . b.Compensation from Listing Firm. The compensation offered to Buyer Brokerage Firm by the Listing Firm for providing buyer brokerage services to Buyer related to the Property is: % of the purchase price $ other: . 48. Seller’s Acceptance and Brokerage Agreement. Seller agrees to sell the Property on the terms and conditions herein. The Listing Firm’s compensation shall be paid as specified in the listing or commission agreement. If there is no written listing or commission agreement, Seller agrees to pay to Listing Firm compensation of 2 % of the sales price or $ . The compensation to Buyer Brokerage Firm shall be paid as set forth in this Agreement. Seller and Buyer consent to Listing Firm and Buyer Brokerage Firm receiving compensation from more than one party and to the sharing of compensation between firms. In any action by Listing Firm or Buyer Brokerage Firm to enforce this Section, the prevailing party is entitled to reasonable attorneys' fees and expenses. The Property described in attached Exhibit A is commercial real estate. Notwithstanding Section 45 above, the pages containing this Section, the parties' signatures and an attachment describing the Property may be recorded. 49. Listing Broker and Selling Broker Disclosure. EXCEPT AS OTHERWISE DISCLOSED IN WRITING TO BUYER OR SELLER, THE SELLING BROKER, LISTING BROKER, AND FIRMS HAVE NOT MADE ANY REPRESENTATIONS OR WARRANTIES OR CONDUCTED ANY INDEPENDENT INVESTIGATION CONCERNING THE LEGAL EFFECT OF THIS AGREEMENT, BUYER'S OR SELLER'S FINANCIAL STRENGTH, BOOKS, RECORDS, REPORTS, STUDIES, OR OPERATING STATEMENTS; THE CONDITION OF THE PROPERTY OR ITS IMPROVEMENTS; THE FITNESS OF THE PROPERTY FOR BUYER’S INTENDED USE; OR OTHER MATTERS RELATING TO THE PROPERTY, INCLUDING WITHOUT LIMITATION, THE PROPERTY'S ZONING, BOUNDARIES, AREA, COMPLIANCE WITH APPLICABLE LAWS (INCLUDING LAWS REGARDING ACCESSIBILITY FOR DISABLED PERSONS), OR HAZARDOUS OR TOXIC MATERIALS INCLUDING MOLD OR OTHER ALLERGENS. SELLER AND BUYER ARE EACH ADVISED TO ENGAGE QUALIFIED EXPERTS TO ASSIST WITH THESE DUE DILIGENCE AND FEASIBILITY MATTERS, AND ARE FURTHER ADVISED TO SEEK INDEPENDENT LEGAL AND TAX ADVICE RELATED TO THIS AGREEMENT. Buyer Date Buyer Date Seller Date Seller Date DocuSign Envelope ID: 7C7E748F-EAC3-40AD-A11F-7BCB5E03796C 3/18/2024 DocuSign Envelope ID: 268D9ACC-7621-4033-8A0E-63623280975B 3/28/2024 Page 175 of 223 Commercial & Investment Real Estate Purchase & Sale Agreement Commercial Brokers Association ALL RIGHTS RESERVED CBA Form PS-1A | Purchase & Sale Agreement Rev. 1/2024 Page |13 15 IN WITNESS WHEREOF, the parties have signed this Agreement intending to be bound. Buyer AAS Investment Ventures LLC Seller Kooskooskia Inc Printed Name and Type of Entity Printed Name and Type of Entity Buyer Seller Signature and Title Signature and Title Date Date Buyer Seller Printed Name and Type of Entity Printed Name and Type of Entity Buyer Seller Signature and Title Signature and Title Date Date Buyer Date Buyer Date Seller Date Seller Date DocuSign Envelope ID: 7C7E748F-EAC3-40AD-A11F-7BCB5E03796C 3/18/2024 3/18/2024 DocuSign Envelope ID: 268D9ACC-7621-4033-8A0E-63623280975B 3/28/2024 3/28/2024 Page 176 of 223 Commercial & Investment Real Estate Purchase & Sale Agreement Commercial Brokers Association ALL RIGHTS RESERVED CBA Form PS-1A | Purchase & Sale Agreement Rev. 1/2024 Page |14 15 EXHIBIT A * [Legal Description] 1.39 acre parcel to be created by the Seller at property described below and as shown: PTN W2 15-9-29 LY NELY OF NLY LN HWAY I-182 EXC W1630' THEREOF. SUBJ TO & TOG W/ESMT FOR I/E & UTILITIES OVER N30' THEREOF To ensure accuracy in the legal description, consider substituting the legal description contained in the preliminary commitment for title insurance or a copy of the Property’s last vesting deed for this page. Do not neglect to label the substitution “Exhibit A.” You should avoid transcribing the legal description because any error in transcription may render the legal description inaccurate and this Agreement unenforceable. Buyer Date Buyer Date Seller Date Seller Date DocuSign Envelope ID: 7C7E748F-EAC3-40AD-A11F-7BCB5E03796C 3/18/2024 DocuSign Envelope ID: 268D9ACC-7621-4033-8A0E-63623280975B 3/28/2024 Page 177 of 223 Commercial & Investment Real Estate Purchase & Sale Agreement Commercial Brokers Association ALL RIGHTS RESERVED CBA Form PS-1A | Purchase & Sale Agreement Rev. 1/2024 Page |15 15 EXHIBIT B [Additional Terms] 1.Subject to city’s adoption of new food truck requirements and Buyer’s approval of new ordinances. 2.Seller/City will not impose a TIF on this project. 3.Offer acceptance is subject to final approval of all terms by Pasco City Council. 4.This Property is being sold to Purchaser in anticipation of the development of a food truck Hub. 5.The Purchaser acknowledges that the purchase price and consideration given by City are related to the City's goals of economic development and lost opportunities for development would arise if Purchaser fails to begin construction of the anticipated development. 6.Unless the failure to commence construction is related to the items identified in Warranties Section, below, if the Purchaser fails to submit an application to City for approval of a site plan and building plans consistent with subsection (a) above, within twelve (12) months of Closing, the City reserves the right to reclaim title to this Property. If the Purchaser does not initiate construction within eighteen (18) months of Closing, City reserves the right to reclaim title to this Property. The City shall reclaim this Property by refunding 90% of the original Purchase Price as determined in Paragraph 1 of PSA. The City will not assume any liability for expenses incurred by Purchaser in conducting this transaction. Purchaser agrees to re-convey title to the City within sixty (60) days of receipt of notification of City's decision to seek reconveyance of Property. This reversionary right is exclusive to the City and shall be exercised at the sole discretion of the City. 7.This reversionary right survives forty-eight (48) months after closing or until such time as building commences, whichever is earlier. The City shall be under no obligation to exercise this reversionary right. This reversionary clause shall survive the delivery of the Deed, but shall automatically lapse upon expiration of the time periods herein and City shall execute such further documents as Purchaser shall request to release same. Warranties; Indemnity. City makes the following representations and warranties, which shall be deemed remade as of the closing date: 1.The Property and improvements are not in violation of any applicable covenant, condition or restriction or any applicable statute, ordinance, regulation, order, permit, rule or law, including, without limitation, any building, private restriction, zoning or environmental restriction. 2.Other than the obligations of record, there are no obligations in connection with the Property, which will be binding upon Purchaser after closing other than liability for the payment of real estate taxes and utility charges. 3.There are no claims, actions, suits or governmental investigations or proceedings existing or, to the best of City's knowledge, threatened against or involving City or the Property (including, without limitation, any condemnation or eminent domain proceeding or matter related to the formation of or assessment by a local improvement district) and City has received no written notice thereof. 4.All insurance policies now maintained on the Property will be kept in effect, up to and including the closing. City has received no notice from any insurance company or rating organization of any defects in the condition of the Property or of the existence of conditions which would prevent the continuation of existing coverage or would increase the present rate of premium. 5.There are no leases affecting the Property. 6.All such representations and warranties shall be reaffirmed by City as true and correct as of the Closing Date and shall survive the Closing for a period of two (2) years. If, prior to closing, City becomes aware of any fact or circumstance which would change a representation or warranty, then City will immediately give notice of such changed fact or circumstance to Purchaser, but such notice shall not relieve the City of its obligations hereunder. Buyer Date Buyer Date Seller Date Seller Date DocuSign Envelope ID: 7C7E748F-EAC3-40AD-A11F-7BCB5E03796C 3/18/2024 DocuSign Envelope ID: 268D9ACC-7621-4033-8A0E-63623280975B 3/28/2024 Page 178 of 223 Pasco City Council Meeting August 5, 2024 Pa g e 1 7 9 o f 2 2 3 Short Plat Pa g e 1 8 0 o f 2 2 3 Land Sale –GESA Pad Sites Pa g e 1 8 1 o f 2 2 3 Details Area:1.39 Acres Price: $845,000 Food Truck Hub Pa g e 1 8 2 o f 2 2 3 Policy Decision 1.Formally approve surplus of the property 2.Authorize City Manager to execute the contract with the buyer Pa g e 1 8 3 o f 2 2 3 Pasco City Council Meeting August 5, 2024 Pa g e 1 8 4 o f 2 2 3 AGENDA REPORT FOR: City Council July 31, 2024 TO: Adam Lincoln, City Manager City Council Regular Meeting: 8/5/24 FROM: Jacob Gonzalez, Director Community & Economic Development SUBJECT: *Resolution No. 4480 - Setting a Public Hearing for Alvarado Place ROW Vacation (VAC 2024-002) I. REFERENCE(S): Proposed Time and Date Resolution Exhibit A Vicinity Map II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. 4480, setting 7:00 p.m., Monday, September 16, 2024, as the time and date for a public hearing to consider the vacation of a 20-foot Right-of-Way along the eastern property line of Lot 1 of Short Plat 94-7 located approximately 300 feet east of the intersection of Road 100 and West Court Street, in Pasco, Washington. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: On May 9, 2024 Applicant submitted a petition to vacate a 20-foot Right-of- Way along the eastern property line of Lot 1 of Short Plat 94-7 located approximately 300 feet east of the intersection of Road 100 and West Court Street (Parcel No. 118292143). V. DISCUSSION: Chapter 12.40 of the Pasco Municipal Code (PMC) establishes the procedure and criteria for consideration and determination of vacation of streets, alleys, and access easements related to street, pedestrian, or travel purposes for public use. The applicant is requesting the vacation of a 20-foot Right-of-Way Page 185 of 223 along the eastern property line of Lot 1 of Short Plat 94-7 located approximately 300 feet east of the intersection of Road 100 and West Court Street (Parcel No. 118292143), as shown in Exhibit A. In evaluating the proposed street right-of-way vacation according to the PMC Section 12.40.070(1)-(4). Staff have determined the following: (1) The vacation shall not adversely affect traffic accessibility and circulation within the immediate area or within the City as a whole; (2) The right-of-way is not contemplated or needed for future public use; (3) No abutting property will become landlocked, or its access substantially impaired; and (4) The public needs shall not be adversely affected and the vacation will provide a public benefit or serve a public purpose. Per PMC 12.40.080, in vacating a street, alley, or public easement, the City may reserve for the City any easements or other rights to exercise and grant any easement for public utilities and services, pedestrian trail purposes, and any other type of easement relating to the City’s right to control, use and manage its rights-of-way. Due to the existence of utilities within the Right-of-Way, Staff proposes that the City reserve a minimum 20-foot access and utility easement along the eastern property line of Lot 1 of Short Plat 94-7. Upon receiving a complete application for vacation, the City Council via resolution, shall fix a time when the City should conduct a public hearing on the proposed vacation (PMC Section 12.40.040). Staff recommends that the City Council move forward with the resolution, and set Monday, September 16, 2024, as the time and date for a public hearing to consider the vacation request. Page 186 of 223 Resolution Setting PH for VAC 2024-002 - 1 RESOLUTION NO. _______ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON SETTING 7:00 PM, SEPTEMBER 16, 2024, AS THE TIME AND DATE FOR A PUBLIC HEARING TO CONSIDER THE VACATION OF A 20-FOOT RIGHT- OF-WAY ALONG THE EASTERN PROPERTY LINE OF LOT 1 OF SHORT PLAT 94-7 LOCATED APPROXIMATELY 300 FEET EAST OF THE INTERSECTION OF ROAD 100 AND WEST COURT STREET. WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City of Pasco (City), the City Council may vacate rights-of-way; and WHEREAS, a petition for vacation of a 20-foot Right-of-Way along the eastern property line of Lot 1 of Short Plat 94-7 located approximately 300 feet east of the intersection of Road 100 and West Court Street by owners of more than two-thirds abutting the part of the street and alley to be vacated has been submitted to the City; and WHEREAS, the vacation process, by petition application, provided in the Pasco Municipal Code (PMC) Chapter 12.40 requires a survey, title report, an appraisal of value, and compensation unless waived by City Council; and WHEREAS, the City may waive the requirements for a survey pursuant to PMC Section 12.40.110 if the location and legal description of the street or alley proposed for vacation is sufficiently known to the City such that an accurate legal description can be determined with certainty without a survey; and WHEREAS, as part of Short Plat 94-7 is sufficiently known to the City such that a legal description is capable of being produced without the need for a survey; and WHEREAS, pursuant to PMC Section 12.40.120(2), compensation for vacated rights-of- way, an appraisal and title report may be waived if one or more of the following are applicable: the vacation is initiated by Council Resolution; the vacation is at the request of the City; the right- of-way to be vacated was previously determined by Council not to be essential to public traffic circulation and is available for vacation; the grant of a substitute right-of-way has value as a right- of-way at least equal to the right-of-way to be vacated; or the resulting benefit to the community of the project requiring vacation outweighs the appraised value of the right-of-way to be vacated; and WHEREAS, the City staff is requesting that Council make a determination concerning whether to waive the requirements of a title report, appraisal of value, and compensation pursuant to PMC 12.40.120(2) after holding a public hearing; and WHEREAS, PMC Section 12.40.040 requires public hearings on vacations to be fixed by resolution, and to provide notice for such hearing which shall occur no later than sixty (60) days after, nor earlier than twenty (20) days after, the passage of this Resolution setting a public hearing. Page 187 of 223 Resolution Setting PH for VAC 2024-002 - 2 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: Notice of Hearing. That a public hearing to consider vacating the following as described below and depicted in Exhibit A attached hereto, will be held before City Council of the City of Pasco in the Council Chambers at 525 N. Third Avenue, Pasco, Washington at the hour of 7:00 p.m., on the 16th day of September, 2024. All that portion of that certain 20.00-foot Right-of-Way as shown lying Easterly of and adjacent to Lot 1 of Short Plat 94-7, as recorded under Volume 1 of Short Plats at Page 334 records of Franklin County with the Southern boundary of Right-of- Way to be vacated being the Southeasterly extension of the Southerly line of said Lot 1 and the Northerly boundary of said Vacation being the Easterly extension of said Lot 1, all located in a portion of the Northwest Quarter and a portion of Government Lot 1 of the Northwest Quarter of Section 20, Township 9 North, Range 29 E, Willamette Meridian, Franklin County, Washington; Comprising approximately 7,643 square feet. Be It Further Resolved, that the City Clerk of the City of Pasco give notice of said public hearing as required by law. Be It Further Resolved, that the City Council will decide whether to waive the requirements for an appraisal, title report, and compensation after the September 16, 2024, public hearing. Be It Further Resolved, that this Resolution shall take effect immediately. PASSED by the City Council of the City of Pasco, Washington, this ___ day of ________________2024. Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 188 of 223 Page 189 of 223 Item:l4-L0t Preliminary Plat &RS-20 to R—lRezone Applicant(s):Haven Capital,LLC c/o Cody Fielding File #2 PP 2024-005 &Z 2024-003 0':.V a» ‘ Pa g e 1 9 0 o f 2 2 3 AGENDA REPORT FOR: City Council July 30, 2024 TO: Adam Lincoln, City Manager City Council Regular Meeting: 8/5/24 FROM: Jacob Gonzalez, Director Community & Economic Development SUBJECT: Developer (2) two Approving - Nos. & 4474 Resolution 4475 Reimbursement Agreements with Big Sky Developers (7 minutes) I. REFERENCE(S): Resolution & Water Utility Developer Reimbursement Agreement Resolution & PRV Developer Reimbursement Agreement Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: authorizing I move to approve Resolution No. 4474, the City Manager to execute a Developer Reimbursement Agreement with Big Sky Developers, LLC for the construction of water utility improvements for Spencer Estates, Phase 4. MOTION: I move to approve Resolution No. 4475,authorizing the City Manager to execute a Developer Reimbursement Agreement with Big Sky Developers, LLC for the construction of utility improvements for the Dunes, Burns Road pressure reducing valve. III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: As a condition of development, Big Sky Developers, LLC (the developer) was required to make certain improvements that benefitted properties beyond their development. for applications improvements provided They Latecomer’s associated with two separate projects in an effort to recuperate the costs of the portion of the improvements that benefitted those other properties. During the construction of Spencer Estates Phase 4, the developer installed a Page 191 of 223 12” water line in Burns Road, fulfilling the “to and through” requirements (PMC 12.36.050[2]) for their project. Additionally, four properties received the same benefit, including three (3) properties adjacent to the south side of Burns Road and one (1) property adjacent to the north of Burns Road. The improvements have been accepted by the City. Final costs were provided by the developer, which were evaluated by the City and found to be true and accurate. During the construction of The Dunes Phase 1, the developer installed a pressure reducing valve (PRV) which provides domestic water to properties in the City’s Zone 2 pressure zone. In addition to providing water within an acceptable range (as defined by the Uniform Plumbing Code) to the developer’s property, all properties in Zone 2 adjacent to Burns Road (location of PRV) can be served with acceptable pressures through this PRV. Final costs were provided by the developer, which were evaluated by the City and found to be true and accurate. V. DISCUSSION: Revised Code of Washington (RCW) 35.91 allows municipalities to enter into contracts with property owners who elect to install water or sewer facilities at their own expense. It also stipulates that developers can be reimbursed for the construction costs associated with these improvements by other property owners who subsequently benefit from the facilities. The Pasco Municipal Code (PMC) Chapter 14.25 aligns with RCW 35.91 by providing a framework for developers to be reimbursed by later-developing property owners. PMC Chapter 14.25 details the procedures for developers to enter into agreements with the City to collect these reimbursements. The City is authorized to collect assessments on the developer’s behalf for utility improvements and may enter into agreements to collect assessments for street improvements. Once a developer properly applies and follows the required procedures, the City can enter into a developer reimbursement ("latecomer") agreement to begin collecting these assessments. Staff recommends approval of the Developer Reimbursement Agreements with Big Sky Developers, LLC. Page 192 of 223 Resolution – Water DRA - 1 RESOLUTION NO. _________ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE CITY MANAGER TO EXECUTE A DEVELOPER REIMBURSEMENT AGREEMENT WITH BIG SKY DEVELOPERS, LLC FOR THE CONSTRUCTION OF WATER UTILITY IMPROVEMENTS FOR SPENCER ESTATES, PHASE 4. WHEREAS, RCW 35.91 and Chapter 14.25 of the Pasco Municipal Code (PMC) provides a statutory framework for developers to enter into Developer Reimbursement Agreements when the developer, as a condition of development, pays the costs of necessary infrastructure improvements; and WHEREAS, Big Sky Developers, LLC, has submitted a complete and accurate application for a Developer Reimbursement Agreement; and WHEREAS, Section 14.25.030(4) of the PMC requires the Public Works Director, within 28 days of receipt of a Developer Reimbursement Agreement application to provide notice to the developer whether the application is complete or needs to be supplemented or amended within 30 days of such notice unless extended within the Public Works Director’s discretion; and WHEREAS, the City of Pasco (City) shall provide notice of its intent to participate in any Developer Reimbursement Agreement to the public; and WHEREAS, the City shall also provide notice of its preliminary assessment reimbursement area (those to repay the developer debt) to provide the property owners within the preliminary assessment area the opportunity to request the matter be submitted to a public hearing, within 20 days of date of mailing of the notice, before City Council action; and WHEREAS, the City mailed notices of the preliminary assessment and reimbursement to the property owners within the preliminary reimbursement area on November 29, 2023, and did not receive in writing a request for a hearing before City Council; and WHEREAS, utility system improvements include infrastructure projects related to City water, sewer and storm sewer which are required to be constructed as a prerequisite of continued development; and. WHEREAS, utility system Developer Reimbursement Agreements requested by developers shall be entered into by the City of Pasco pursuant to Section 14.25.030(3) of the PMC once the prerequisites of Section 14.25 of the PMC have been met; and WHEREAS, utility Developer Reimbursement Agreements shall meet the development criteria as detailed in Section 14.25.030(3)(b) of the PMC; and Page 193 of 223 Resolution – Water DRA - 2 WHEREAS, Big Sky Developers, LLC, agrees to payment of project costs, including legal and administrative costs, as set forth in the Developer Reimbursement Agreement, attached hereto as Exhibit A; and 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 the Developer Reimbursement Agreement with Big Sky Develops, LLC for water utility improvements, a copy of which is attached hereto and incorporated herein by reference as Exhibit A. Be It Further Resolved, that the City Manager is authorized to make minor substantive changes as necessary to execute the Developer Reimbursement Agreement. Be It Further Resolved, that this Resolution shall take effect immediately. PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law, on this ____ day of __________________, 2024. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 194 of 223 Big Sky Developers, LLC/Dave Greeno – AGRMT2023-020 Reimbursement Agreement - 1 FILED FOR RECORD AT REQUEST OF: City of Pasco, Washington WHEN RECORDED RETURN TO: City of Pasco, Washington 525 North 3rd Avenue Pasco, WA 99301 Developers Tax Parcel No.: 126-150-142 GRMT2023-020 w Additional Parcels and Full Legal Descriptions attached hereto as Exhibit B CITY OF PASCO DEVELOPER REIMBURSEMENT AGREEMENT THIS AGREEMENT, made and entered into this ____ day of _________________, 2024, by and between the City of Pasco, a Municipal Corporation of the State of Washington, hereinafter referred to as “City”, and BIG SKY DEVELOPERS LLC, their successors and assigns, hereinafter referred to as “Developer”; and WHEREAS, RCW Chapter 35.91 and PMC 14.25 authorize contracts between a municipality and the owners of real estate within the municipality’s corporate limits or within ten (10) miles of the municipality’s corporate limits, who construct utility facilities to serve their own properties and other properties, whereby such owners and municipalities may be reimbursed by the owners of other real property who did not contribute to the original cost of the construction of the facilities, but who later desire to connect their properties to said facilities. NOW, THEREFORE, the parties hereby mutually agree as follows: 1. Developer has constructed the following described extension of City’s facilities: A 16” ductile iron water main in the Burns Road ROW beginning at the existing blow-off in Burns Road along the western edge of the Spencer Estates Phase 3. Extending approximately 1,500’ west, terminating at the intersection of Burns Road and Shoreline Road. The project includes the installation of four (4) new fire hydrants along the northern side of Burns Road. Page 195 of 223 Big Sky Developers, LLC/Dave Greeno – AGRMT2023-020 Reimbursement Agreement - 2 2. The improvements have been constructed in accordance with plans and specifications approved by City prior to construction and Developer has supplied City with reproducible as-built drawings regarding the facilities. 3. In addition to serving properties owned by Developer at the outset of construction, the facilities constructed will also serve the following described parcels of real property, and any subdivisions of such parcels, that did not contribute to the cost of the facilities construction, hereinafter referred to in aggregate as the "Assessment Area", which is determined at the sole discretion of the City, and which are identified and legally described in Exhibit B. 4. As the facilities have been construction in accordance with City Codes and Standards, applicant obtained all permits required by the City’s Codes and Standards. The work is physically complete and inspected by the City as required by the Public Works Director, or his designee. Developer agrees to convey such facilities to City for the consideration and benefits of City. Upon completion of issuance of Warranty Letter the City will thereafter own and operate said facilities subject to all of the laws and regulations, fees and assessments of City. 5. City and Developer agree that Developer’s contributions to the total project costs is shown in Exhibit A, which is allowed by statute to include costs for the design, construction engineering, inspection, construction, administrative, legal and other costs attributable to the project. 6. City and Developer agree that the City’s contributions to the total project costs is or will be valued at $$$$, which includes costs for the design, construction engineering, inspection, construction, administrative, legal and other costs attributable to the project. 7. City and Developer agree that the Total Assessment that is attributed to the Assessment Area is shown in Exhibit A. City and Developer agree that Developer is entitled to a potential total reimbursement, less any collection charges deducted by the City, of a maximum of total assessment as shown in Exhibit A. 8. The facilities subject to this Agreement are included within the City's comprehensive utility plan, and no additional comprehensive plan approval for the utility system improvements was required. 9. Execution of this Agreement is conditioned upon: Inspection and approval of the utility system improvements by the City; Page 196 of 223 Big Sky Developers, LLC/Dave Greeno – AGRMT2023-020 Reimbursement Agreement - 3 A. Full compliance with the Developer’s obligations under this Agreement and with the City’s rules and regulations with respect to the project described in Section 1. B. The Developer shall pay all of the City’s costs associated with processing this latecomer agreement including, but not limited to, engineering costs as set forth in Chapter 3.35 PMC, and the actual legal, recording, and administration costs. C. City verification and approval of all contracts and costs related to the utility system improvements; and D. Within one hundred and twenty (120) days of the completion of the utility system improvements, Developer must submit the total actual cost of the utility system improvements to the City. 10. Developer agreements associated with street system improvements shall be valid for a period not to exceed 15 years from the effective date of the agreement; and developer agreements associated with utility system improvements shall be valid for a period not to exceed 20 years from the effective date of the agreement. While a developer agreement is valid, any person, firm or corporation now or hereafter owning benefitted properties described below, or segregated parcels thereof, desiring to connect to the described facilities, shall first pay their pro-rata share of the total cost of the facilities (“Total Assessment”). For this project, the Total Assessment is shown in Exhibit A. The individual Assessment associated with each parcel of benefited property described in this Agreement shall be charged to the property owner as shown in Exhibit A. 11. No person, firm or corporation shall be granted a permit or be authorized by City to connect to or use the referenced facilities during the period of time prescribed in Paragraph 10 above without first paying to City, in addition to any and all other costs, assessments and charges made and assessed for such tap or use, the amount required by the provisions of this contract. 12. The City shall deduct from all assessment reimbursement payments it collects; an amount (collection charge) as designated in Pasco Municipal Code (“PMC”) 3.35.180 to cover its administrative collection costs. After deduction of the collection charge, each reimbursement assessment payment will be disbursed to the Developer according to the terms of this Agreement. Any amounts so collected during the time period in Paragraph 10 above by City and due to Developer, shall be remitted to Developer or assigns within sixty (60) days of the receipt thereof, in accordance with this Agreement. Page 197 of 223 Big Sky Developers, LLC/Dave Greeno – AGRMT2023-020 Reimbursement Agreement - 4 13. Developer agrees to indemnify, defend and hold the City harmless from any action, claim or proceeding brought or maintained by any property owner challenging the validity or enforceability of this Agreement. In turn, the City agrees to cooperate with the Developer in the course of any such claim, proceeding or action to provide reasonable and lawful access to City records and witnesses. 14. Any funds collected by City and payable to Developer in accordance with the terms of this contract shall be remitted to Developer at the following address: Address: BIG SKY DEVELOPERS LLC 12406 EAGLE REACH CT PASCO, WA 99301-9001 Phone: (509) 521-4834 15. In accordance with Pasco Municipal Code Section 14.25.60(2), Developer shall provide to the City in writing every two (2) years from the date this Agreement was executed, information regarding the current contact name, address, and telephone number of the person, company or partnership that originally entered into the Agreement. If the Developer fails to comply with the notification requirements within sixty (60) days of the specified time, then City may collect any reimbursement funds owed to the Developer under this Agreement, and such funds shall be deposited into the capital expenditure account of the City’s utility fund. 16. If prior to the expiration of one (1) year after the date of conveyance of the facilities by Developer to City (issuance of Warranty Letter), any work is found to be defective, Developer shall promptly and without cost to City, either correct such defective work or, if it has been rejected by City, remove and replace it with non - defective work. If Developer does not promptly comply with the terms of such instructions, City may have the defective work corrected or the rejected work removed and replaced and all direct and indirect costs of such removal and replacement, including compensation for professional services, shall be withheld from the reimbursement assessment payments that are due to Developer. 17. Developer agrees that once the City has collected all amounts under this Agreement, up to a maximum as shown in Exhibit A of this Agreement and remitted such amount (less any collection charges) to Developer, that City shall remit to Developer no further payments under this contract. 18. Developer hereunder is an independent contractor and is not an agent or employee of City. 19. The contract must be recorded in the appropriate county auditor's office within 30 days of its final execution. Page 198 of 223 Big Sky Developers, LLC/Dave Greeno – AGRMT2023-020 Reimbursement Agreement - 5 20. In the event of a dispute between the parties regarding the interpretation, breach or enforcement of this Agreement, the parties shall first meet in a good faith effort to resolve the dispute by themselves or with the assistance of a mediator. The remaining dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, the Mandatory Rules of Arbitration (MAR), with all parties waiving the right of a jury trial upon de novo review, with the substantially prevailing party being awarded its reasonable attorney fees and costs against the other. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first above written. CITY OF PASCO: DEVELOPER: By: ________________________ By: ___________________________ Adam Lincoln, City Manager Dave Greeno, Managing Member ATTEST: ____________________________ Debra Barham, CMC City Clerk APPROVED AS TO FORM: ________________________________ Kerr Ferguson Law, PLLC City Attorneys Page 199 of 223 Big Sky Developers, LLC/Dave Greeno – AGRMT2023-020 Reimbursement Agreement - 6 STATE OF WASHINGTON ) : ss COUNTY OF FRANKLIN ) On this day personally appeared before me ADAM LINCOLN, City Manager of 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 t he uses and purposes therein mentioned. GIVEN under my hand and official seal this ___ day of ______________, 2024. ____________________________________________ NOTARY PUBLIC in and for the State of Washington Print Name: _________________________________ Residing at __________________________________ My Commission Expires: ______________________ STATE OF WASHINGTON ) : ss COUNTY OF FRANKLIN ) On this day personally appeared before me DAVE GREENO, to be known to be the individual 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 _____________, 2024. ____________________________________________ NOTARY PUBLIC in and for the State of Washington Print Name: _________________________________ Residing at: __________________________________ My Commission Expires: _______________________ Page 200 of 223 Big Sky Developers, LLC/Dave Greeno – AGRMT2023-020 Reimbursement Agreement - 7 Exhibit A Spencer Estates Ph. 4 Spencer Estates Ph. 4 Latecomer's Agreement Improvement 8" Water - Burns Road Proj. # AGRMT2023-020 w Build Length (LF) (Calc. Method) Additional Length (LF) Total Estimated Cost of Improvement $144,170.06 City Adm. Costs $ - Benefitting Parcels Parcel #, Owner Frontage (ft) Total Benefit Distr. % Total Benefit Distr. $ 126150142, Big Sky Developers, LLC (Developer) 1187.00 40.0% $ 57,736.12 126150096, Chubby Cherries, LLC 295.00 10.0% $ 14,348.91 126160136, Chubby Cherries, LLC 882.00 29.8% $ 42,900.81 126160128, Chubby Cherries, LLC 275.00 9.3% $ 13,376.10 126160129, SG Land Management, LLC 325.00 11.0% $ 15,808.12 TOTAL 2964.00 100.0% $ 144,170.06 Page 201 of 223 Big Sky Developers, LLC/Dave Greeno – AGRMT2023-020 Reimbursement Agreement - 8 Exhibit B PARCEL: 126-150-142 DEVELOPER LOT 2, SHORT PLAT.2018-32, ACCORDING TO THE SURVEY. RECORDED UNDER AUDITOR’S FILE NO. 1886838, RECORDS FOR FRANKLIN COUNTY, WASHINGTON. PARCEL: 126-160-128 SHORT PLAT 2021-08 LOT 1 PARCEL: 126-160-129 LOT 2, SHORT PLAT.2021-08, ACCORDING TO THE SURVEY THERE OF RECORDED UNDER AUDITOR’S FILE NO. 1941262, FRANKLIN COUNTY, WASHINGTON. PARCEL: 126-160-136 THAT PORTION OF GOVERNMENT LOT 1, SECTION 12, TOWNSHIP 9 NORTH, RANGE 28 EAST, W.M., FRANKLIN COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 12; THENCE NORTH 89°08'04” WEST ALONG THE NORTH LINE OF SAID SECTION 12, 1458.20 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 11°25’03” WEST 274.64 FEET; THENCE NORTH 89°08'04" WEST 925.65 FEET TO THE EAST LINE OF THAT CERTAIN PARCEL CONVEYED TO THE UNITED STATES BY DEED RECORDED UNDER AUDITOR'S FILE NO. 161482; THENCE NORTH 11°25'03” EAST ALONG SAID EAST LINE, 274.64 FEET; THENCE SOUTH 89°08'04" EAST 925.65 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT COUNTY ROADS (SHOWN AS TRACT 1 (12-9-28) OF RECORD SURVEY RECORDED UNDER AUDITOR’S FILE NO. 514210) PARCEL: 126-150-095 THAT PORTION OF GOVERNMENT LOT 4 IN SECTION 1, TOWNSHIP 9 NORTH, RANGE 28, EAST, W.M. FRANKLIN COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 1; THENCE SOUTH 89°56’10” WEST ALONG THE SOUTH LINE OF SAID SECTION 1, 2385.61 FEET TO THE EAST LINE OF THAT CERTAIN PARCEL CONVEYED TO THE UNITED STATES BY DEED RECORDED UNDER AUDITOR'S FILE NO. 161482 BEING MARKED WITH AN ARMY CORPS OF ENGINEERS BRASS DISK; THENCE ALONG SAID EAST LINE, NORTH 20°35'09" EAST A DISTANCE OF 222.97 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EAST LINE, NORTH 20°35’09" EAST A DISTANCE OF 418.06 FEET; THENCE SOUTH 69°24’51" EAST A DISTANCE OF 393.00 FEET; THENCE SOUTH 20°3S’09" WEST A DISTANCE OF 384.00 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 200.00 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 20°39'O0 A DISTANCE OF 72.08 FEET; THENCE SOUTH 00°03'50" EAST A DISTANCE OF 1.40 FEET TO THE NORTHERLY MARGIN OF Page 202 of 223 Big Sky Developers, LLC/Dave Greeno – AGRMT2023-020 Reimbursement Agreement - 9 BURNS ROAD; THENCE SOUTH 89°56’10" WEST ALONG SAID NORTHERLY MARGIN A DISTANCE OF 104.98 FEET; THENCE LEAVING SAID SOUTHERLY MARGIN, NORTH 00°03'50" WEST A DISTANCE OF 108.23 FEET; THENCE NORTH 75°01'05" WEST A DISTANCE OF 271.23 FEET TO THE POINT OF BEGINNING AND THE END OF THIS DESCRIPTION PARCEL: 126-150-096 Description: THAT PORTION OF GOVERNMENT LOT 4 IN SECTION 1, TOWNSHIP 9 NORTH, RANGE 28 EAST, W.M., FRANKLIN COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: SM 2023-006 BLA PER RS-1968525 PARCEL 126150174 WAS 2.67 AC, PARCEL 126150094 WAS 2.16 AC AFTER BLA THE NEW PARCELS ARE 126150095 3.83 AC AND 126150096 1.0 AC FOR 2023 TAX YEAR Page 203 of 223 Resolution – Pressure Release Valve Dev. Reimbursement Agr. - 1 RESOLUTION NO. _________ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE CITY MANAGER TO EXECUTE A UTILITY DEVELOPER REIMBURSEMENT AGREEMENT WITH BIG SKY DEVELOPERS, LLC FOR THE CONSTRUCTION OF UTILITY IMPROVEMENTS FOR THE DUNES, BURNS ROAD PRESSURE RELEASE VALVE. WHEREAS, RCW 35.91 and Section 14.25 of the Pasco Municipal Code (PMC) provides a statutory framework for developers to enter into a Developer Reimbursement Agreement when the developer, as a condition of development, pays the costs of necessary infrastructure improvements; and WHEREAS, Big Sky Developers, LLC has submitted a complete and accurate application for a Developer Reimbursement Agreement; and WHEREAS, Section 14.25.030(4) requires the Public Works Director, within 28 days of receipt of a Developer Reimbursement Agreement application to provide notice to the developer whether the application is complete or needs to be supplemented or amended within 30 days of such notice unless extended within the Public Works Director discretion; and WHEREAS, the City shall provide notice of its intent to participate in any Developer Reimbursement Agreement to the public; and WHEREAS, the City shall also provide notice of its preliminary assessment reimbursement area (those to repay the developer debt) to provide the property owners within the preliminary assessment area the opportunity to request the matter be submitted to a public hearing, within 20 days of date of mailing of the notice, before Council action; and WHEREAS, the City mailed notices of the preliminary assessment and reimbursement to the property owners within the preliminary reimbursement area on November 29, 2023 and did not receive in writing a request for a hearing before City Council; and WHEREAS, utility system improvements include infrastructure projects related to City water, sewer and storm sewer which are required to be constructed as a prerequisite of continued development; and. WHEREAS, utility system Developer Reimbursement Agreements requested by developers shall be entered into by the City of Pasco pursuant to PMC 14.25.030(3) of the PMC once the prerequisite of Section 14.25 of the PMC have been met; and WHEREAS, utility Developer Reimbursement Agreements shall meet the development criteria as detailed in PMC 14.25.030(3)(b) of the PMC; and Page 204 of 223 Resolution – Pressure Release Valve Dev. Reimbursement Agr. - 2 WHEREAS, Big Sky Developers, LLC, agrees to payment of project costs, including legal and administrative costs, as set forth in the Developer Reimbursement Agreement, attached as Exhibit A. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City Manager is authorized to execute the utility Developer Reimbursement Agreement with Big Sky Developers, LLC for pressure release valve, a copy of which is attached hereto and incorporated herein by reference as Exhibit A. Be It Further Resolved, that the City Manager be authorized to make minor substantive changes as necessary to execute the Developer Reimbursement Agreement as needed. Be It Further Resolved, that this Resolution shall take effect immediately. PASSED by the City Council of the City of Pasco, Washington, on this ___ day of __________, 2024. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 205 of 223 FILED FOR RECORD AT REQUEST OF: City of Pasco, Washington WHEN RECORDED RETURN TO: City of Pasco, Washington 525 North 3rd Avenue Pasco, WA 99301 AGRMT2023-048 w PROJECT: Dunes - PRV Developers Tax Parcel No.: 115-210-038 Additional Parcels and Full Legal Descriptions attached hereto as Exhibit A CITY OF PASCO DEVELOPER REIMBURSEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of________, 2024, by and between the City of Pasco, a Municipal Corporation of the State of Washington, hereinafter referred to as “City”, and Big Sky Developers, LLC, their successors and assigns, hereinafter referred to as “Developer”; and WHEREAS, RCW Chapter 35.91 and PMC 14.25 authorize contracts between a municipality and the owners of real estate within the municipality’s corporate limits or within ten (10) miles of the municipality’s corporate limits, who construct Utilities facilities to serve their own properties and other properties, whereby such owners and municipalities may be reimbursed by the owners of other real property who did not contribute to the original cost of the construction of the facilities, but who later desire to connect their properties to said facilities. NOW, THEREFORE, the parties hereby mutually agree as follows: 1. Developer has constructed the following described extension of City’s facilities: Developer installed a Pressure Reducing Valve within the ROW of Burns Road between water pressure zones 1 and 3 creating zone 2 which was necessary for their development to achieve acceptable water pressures. The PRV was installed at the Northeast corner of a future intersection of Burns Road approximately 1,300 feet west of Road 108. 2. The improvements have been constructed in accordance with plans and specifications approved by the City prior to construction and Developer has supplied the City with reproducible as-built drawings regarding the facilities. Page 206 of 223 3. In addition to serving properties owned by Developer at the outset of construction, the facilities constructed will also serve the following described parcels of real property, and any subdivisions of such parcels, that did not contribute to the cost of the facilities construction, hereinafter referred to in aggregate as the "Assessment Area", which is determined at the sole discretion of City, and which are identified and legally described in Exhibit A . 4. As the facilities have been construction in accordance with City Codes and Standards, applicant obtained all permits required by the City’s Codes and Standards. The work is physically complete and inspected by the City as required by the Public Works Director, or his designee. Developer agrees to convey such facilities to the City for the consideration and benefits of the City. Upon completion issuance of Warranty Letter, the City will thereafter own and operate said facilities subject to all of the laws and regulations, fees and assessments of the City. 5. City and Developer agree that Developer’s contributions to the total project costs is shown in Exhibit B, which is allowed by statute to include costs for the design, construction engineering, inspection, construction, administrative, legal and other costs attributable to the project. 6. City and Developer agree that City’s contributions to the total project costs is or will be valued at $0, which includes costs for the design, construction engineering, inspection, construction, administrative, legal and other costs attributable to the project. 7. City and Developer agree that the Total Assessment that is attributed to the Assessment Area is shown in Exhibit B. City and Developer agree that Developer is entitled to a potential total reimbursement, less any collection charges deducted by the City, of a maximum of total assessment as shown in Exhibit B. 8. The facilities subject to this Agreement are included within the City's comprehensive utility plan, and no additional comprehensive plan approval for the utility system improvements was required. 9. Execution of this Agreement is conditioned upon: Inspection and approval of the utility system improvements by City; A. Full compliance with the Developer’s obligations under this Agreement and with the City’s rules and regulations with respect to the project described in Section 1. Page 207 of 223 B. The Developer shall pay all of the City’s costs associated with processing this latecomer agreement including, but not limited to, engineering costs as set forth in Chapter 3.35 PMC, and the actual legal, recording, and administration costs. C. City verification and approval of all contracts and costs related to the utility system improvements; and D. Within one hundred and twenty (120) days of the completion of the utility system improvements, Developer must submit the total actual cost of the utility system improvements to the City. 10. Developer agreements associated with street system improvements shall be valid for a period not to exceed 15 years from the effective date of the agreement; and developer agreements associated with utility system improvements shall be valid for a period not to exceed 20 years from the effective date of the agreement. While a developer agreement is valid, any person, firm or corporation now or hereafter owning benefitted properties described below, or segregated parcels thereof, desiring to connect to the described facilities, shall first pay their pro- rata share of the total cost of the facilities (“Total Assessment”). For this project, the Total Assessment is shown in Exhibit B. The individual Assessment associated with each parcel of benefited property described in this Agreement shall be charged to the property owner as shown in Exhibit B. 11. No person, firm or corporation shall be granted a permit or be authorized by the City to connect to or use the referenced facilities during the period of time prescribed in Paragraph 10 above without first paying to the City, in addition to any and all other costs, assessments and charges made and assessed for such tap or use, the amount required by the provisions of this contract. 12. City shall deduct from all assessment reimbursement payments it collects; an amount (collection charge) as designated in Pasco Municipal Code (“PMC”) 3.35.180 to cover its administrative collection costs. After deduction of the collection charge, each reimbursement assessment payment will be disbursed to the Developer according to the terms of this Agreement. Any amounts so collected during the time period in Paragraph 10 above by City and due to Developer, shall be remitted to Developer or assigns within sixty (60) days of the receipt thereof, in accordance with this Agreement. 13. Developer agrees to indemnify, defend and hold the City harmless from any action, claim or proceeding brought or maintained by any property owner Page 208 of 223 challenging the validity or enforceability of this Agreement. In turn, the City agrees to cooperate with the Developer in the course of any such claim, proceeding or action to provide reasonable and lawful access to City records and witnesses. 14. Any funds collected by City and payable to Developer in accordance with the terms of this contract shall be remitted to Developer at the following address: Address: Big Sky Developers, LLC Attn: Dave Greeno, Managing Member 5426 Road 68 #D113 Pasco, WA 99301 Phone: 509-412-1722 15. In accordance with Pasco Municipal Code Section 14.25.60(2), Developer shall provide to the City in writing every two (2) years from the date this Agreement was executed, information regarding the current contact name, address, and telephone number of the person, company or partnership that originally entered into the Agreement. If the Developer fails to comply with the notification requirements within sixty (60) days of the specified time, then City may collect any reimbursement funds owed to the Developer under this Agreement, and such funds shall be deposited into the capital expenditure account of City’s utility fund. 16. If prior to the expiration of one (1) year after the date of conveyance of the facilities by Developer to City (issuance of Warranty Letter), any work is found to be defective, Developer shall promptly and without cost to City, either correct such defective work or, if it has been rejected by City, remove and replace it with non-defective work. If Developer does not promptly comply with the terms of such instructions, City may have the defective work corrected or the rejected work removed and replaced and all direct and indirect costs of such removal and replacement, including compensation for professional services, shall be withheld from the reimbursement assessment payments that are due to Developer. 17. Developer agrees that once City has collected all amounts under this Agreement, up to a maximum as shown in Exhibit B of this Agreement and remitted such amount (less any collection charges) to Developer, that the City shall remit to Developer no further payments under this contract. 18. Developer hereunder is an independent contractor and is not an agent or employee of the City. Page 209 of 223 19. The contract must be recorded in the appropriate county auditor's office within 30 days of its final execution. 20. In the event of a dispute between the parties regarding the interpretation, breach or enforcement of this Agreement, the parties shall first meet in a good faith effort to resolve the dispute by themselves or with the assistance of a mediator. The remaining dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, the Mandatory Rules of Arbitration (MAR), with all parties waiving the right of a jury trial upon de novo review, with the substantially prevailing party being awarded its reasonable attorney fees and costs against the other. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first above written. CITY OF PASCO: DEVELOPER: By: ________________________ By: ___________________________ Adam R. Lincoln, City Manager Dave Greeno, Managing Member Big Sky Developers, LLC or By: ___________________________ Name: ___________________________ Title: ___________________________ Big Sky Developers, LLC ATTEST: ____________________________ Debra Barham, CMC City Clerk APPROVED AS TO FORM: ________________________________ Kerr Ferguson Law, PLLC City Attorney Page 210 of 223 STATE OF WASHINGTON ) : ss COUNTY OF FRANKLIN ) On this day personally appeared before me ADAM R. LINCOLN, 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 ______________, 2024. ________________________________________ Notary Public in and for the State of Washington Print Name: _____________________________ Residing at _______________________________ My Commission Expires: ___________________ STATE OF WASHINGTON ) : ss COUNTY OF FRANKLIN ) On this day personally appeared before me ___________________________, for Big Sky Developers, LLC to be known to be the individual 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 _____________, 2024. ____________________________________________ NOTARY PUBLIC in and for the State of Washington Print Name: _________________________________ Residing at: __________________________________ My Commission Expires: _______________________ Page 211 of 223 EXHIBIT A AGRMT2023-048w PRV Developers Tax Parcel No. 115-210-038 Legal Description: *RETIRED; NEW PARCELS 115-210-061 thru 115-210-129 TOWNSHIP 9 RANGE 29 SECTION 7 Benefitting Parcel No. 115-210-039 Legal Description: TOWNSHIP 9 RANGE 29 SECTION 07; LOT 7 OF RECORD OF SURVEY RECORDED IN VOLUME 4 OF SURVEYS PAGES 125-129, UNDER AUDITOR’S FILE NUMBER 1932625, RECORDS OF FRANKLIN COUNTY, WASHINGTON. Benefitting Parcel No. 115-160-357 (PARENT -RETIRED) Legal Description: TOWNSHIP 9 RANGE 28 SECTION 12; LOT 9 OF RECORD OF SURVEY RECORDED IN VOLUME 4 OF SURVEYS PAGES 125-129, UNDER AUDITOR’S FILE NUMBER 1932625, RECORDS OF FRANKLIN COUNTY, WASHINGTON. APN 126160357 *NEW BENEFITING PARCEL: "126-160-468"_SEGREGATION INCLUDED 126-160-401 thru 126-160-466, 126-160-467, 126-160-469, 126-160-470 New Benefiting Child Parcel No. 126-160-468 Legal Description: 126-160-468 TOWNSHIP 9 RANGE 28 SECTION 12; SOLSTICE PHASE 2, Lot TR-N Benefitting Parcel No. 115-210-037 Legal Description: TOWNSHIP 9 RANGE 29 SECTION 7; PHASE 1, TRACT I OF THE PLAT OF SOLSTICE AS RECORDED IN VOLUME D OF PLATS AT PAGES 665-667, UNDER AUDITOR’S FILE NUMBER 1949302, RECORDS OF FRANKLIN COUNTY, WASHINGTON. Page 212 of 223 Improvement PRV Proj. # AGRMT2023-048 w Total Estimated Cost of Improvement 149,138.01$ City Adm. Costs -$ Parcel #, Owner Residential Parcel Area (Acre)[AC] Density (Dwelling Units/Acre)Total Benefit Distr. %Total Benefit Distr. $ 115-210-038 BIG SKY DEVELOPERS, LLC (DEVELOPER)46.85 4.7 25.48% $38,005.59 115-210-037 BROADMOOR PROPERTIES, LLC 40.03 10.5 47.90% $71,430.15 115-210-039 BROADMOOR PROPERTIDS 24 7 19.11% $28,504.19 126-160-468 PAHLISCH HOMES AT SOLSTICE, LLC 21.84 3 7.51% $11,198.08 TOTALS 132.72 AC 25.2 100.0% 149,138.01$ Parcel #, Owner Residential Parcel Area (Acre)[AC] Density (Dwelling Units/Acre)Total Benefit Distr. %Total Benefit Distr. $ 115-210-037 [LC22-0004] BROADMOOR PROPERTIES, LLC 40.03 10.5 47.90% $71,430.15 115-210-039 [LC24-0002] BROADMOOR PROPERTIDS 24 7 19.11% $28,504.19 126-160-468 [LC24-0003] PAHLISCH HOMES AT SOLSTICE, LLC 21.84 3 7.51% $11,198.08 TOTAL 85.87 AC 20.50 LATECOMER AMOUNT: $111,132.42 DUNES AREA WATER UTILITY EX H I B I T B DUNES PROJECT - BURNS ROAD PRV Benefitting Parcels Note: Pa g e 2 1 3 o f 2 2 3 Pasco City Council Meeting July 22, 2024 Pa g e 2 1 4 o f 2 2 3 Big Sky Developer’s LLC Reimbursnement Agreements RCW 35.91 outlines the procedures for municipalities in Washington State to enter into contracts with developers for the construction of water and sewer facilities. Key provisions include allowing developers to be reimbursed for costs by other property owners who benefit from the improvements. This involves creating reimbursement agreements, setting time limits for payments (20 years for water/sewer), and establishing methods for enforcing these payments. The chapter ensures developers are fairly compensated for infrastructure that benefits a broader community. Pa g e 2 1 5 o f 2 2 3 The City of Pasco complies with the requirements of RCW 35.91 through direction provided in Chapter 14 of the Pasco Municipal Code (PMC) PMC 14.25 outlines procedures for developers to recoup costs for public works improvements like water and sewer facilities. It allows for reimbursement agreements where developers are reimbursed by other property owners who benefit from the improvements. The code details the steps for entering into these agreements, including application processes and the city's role in collecting assessments on behalf of developers. It ensures fair compensation for developers while providing a structured approach for infrastructure development. Pa g e 2 1 6 o f 2 2 3 Spencer Estates PH 4 Latecomer’s Agreement Pa g e 2 1 7 o f 2 2 3 Spencer Estates PH 4 Latecomer’s Agreement Pa g e 2 1 8 o f 2 2 3 The Dunes PRV Latercomer’s Agreement Pa g e 2 1 9 o f 2 2 3 The Dunes PRV Latercomer’s Agreement Pa g e 2 2 0 o f 2 2 3 Questions? Pa g e 2 2 1 o f 2 2 3 QUALITY OF LIFE Promote a high-quality of life through quality programs, services and appropriate investment and re- investment in community infrastructure including, but not limited to: • Completion of Transportation System Master Plan and design standard updates to promote greater neighborhood cohesion in new and re-developed neighborhoods through design elements, e.g.; connectivity, walkability, aesthetics, sustainability, and community gathering spaces. • Completion of the Parks, Recreation and Open Space Plan and development of an implementation strategy to enhance such services equitably across the community. • Completion of the Housing Action and Implementation Plan with a focus on a variety of housing to address the needs of the growing population. FINANCIAL SUSTAINABILITY Enhance the long-term viability, value, and service levels of services and programs, including, but not limited to: • Adopting policies and strategic investment standards to assure consistency of long-range planning to include update of impact fees, area fees to specific infrastructure, and SEPA mitigation measures related to new development, e.g.; schools, traffic, parks, and fire. COMMUNITY TRANSPORTATION NETWORK Promote a highly functional multi-modal transportation system including, but not limited to: • Application of the adopted Transportation System Master Plan including development of policies, regulations, programs, and projects that provide for greater connectivity, strategic investment, mobility, multi -modal systems, accessibility, efficiency, and safety. COMMUNITY SAFETY Promote proactive approaches for the strategic investment of infrastructure, staffing, and equipment including, but not limited to: • Adoption and develop implementation strategies for Comprehensive Fire Master Plan aimed at maintaining the current Washington State Rating Bureau Class 3 community rating. • Collaboration with regional partners to influence strategies to reduce incidences of homeless by leveraging existing resources such as the newly implemented 0.1% mental health sales tax, use of resource navigator programs, and other efforts. • Development of an implementation strategy for the Comprehensive Police Master Plan to support future service levels of the department to assure sustainability, public safety, officer safety, crime control, and compliance with legislative mandates. ECONOMIC VITALITY Promote and encourage economic vitality including, but not limited to: • Implementation of the Comprehensive Land Use Plan through related actions including zoning code changes, phased sign code update, and development regulations and standards. • Completion of Area Master Plans and environmental analysis complementing the Comprehensive Land Use Plan such as Downtown and Broadmoor Master Plans. • Development of an Economic Development Plan, including revitalization efforts. COMMUNITY IDENTITY Identify opportunities to enhance community identity, cohesion, and image including, but not limited to: • Development of a Community Engagement Plan to evaluate strategies, technologies, and other opportunities to further inclusivity, community engagement, and inter-agency and constituent coordination efforts. • Support of the Arts and Culture Commission in promoting unity and the celebration of diversity through art and culture programs, recognition of significant events or occurrences, and participation/sponsorship of events within the community. Page 222 of 223 CALIDAD DE VIDA Promover una calidad de vida alta a través de programas de calidad, servicios, inversiones y reinversiones apropiadas en la infraestructura de la comunidad incluyendo, pero no limitado a: • Terminar el Plan de Transportación para promover más cohesión entre nuestras vecindades actuales y re-desarrolladas a través de elementos de diseño, p.ej. conectividad, transitabilidad, sostenibilidad estética, y espacios para reuniones comunitarias. • Terminar el Plan de los Parques, la Recreación, y los Espacios Vacíos y el desarrollo de una estrategia de implementación para mejorar tales servicios justamente a lo largo de la comunidad. • Terminar el Plan de Acción e Implementación de Viviendas con un enfoque en una variedad de viviendas para tratar las necesidades del aumento en la población. SOSTENIBIILIDAD FINANCIERA Mejorar la viabilidad a largo plazo, el valor, y los niveles de los servicios y los programas, incluyendo, pero no limitado a: • Adoptar las políticas y los estándares de inversión estratégica para asegurar consistencia en la planificación a largo plazo para incluir la actualización de las tarifas de impacto, las tarifas en áreas de infraestructura específica, y las medidas de mitigación SEPA relacionadas con el nuevo desarrollo, p.ej. escuelas, tráfico, parques, e incendios. RED DE TRANSPORTACION COMUNITARIA Promover un sistema de transportación multimodal en alta operación incluyendo, pero no limitado a: • Aplicar el Plan de Transportación que fue adoptado, incluyendo el desarrollo de las políticas, las reglas, los programas, y los proyectos que proporcionan más conectividad, inversión estratégica, movilidad, sistemas multimodales, accesibilidad, eficiencia, y seguridad. SEGURIDAD COMUNITARIA Promover métodos proactivos para la inversión estratégica en la infraestructura, el personal, y el equipo incluyendo, pero no limitado a: • Adoptar y desarrollar estrategias de implementación para el Plan Comprehensivo para Incendios. Con el propósito de mantener la clasificación comunitaria actual en la tercera Clase del Departamento de Clasificación del Estado de Washington. • Colaborar con socios regionales para influenciar estrategias que reduzcan los incidentes de personas sin hogar al hacer uso de los recursos actuales como el impuesto de ventas de 0.1% implementado recientemente para la salud mental, el uso de programas para navegar los recursos, y otros esfuerzos. • Desarrollar una estrategia de implementación para el Plan Comprehensivo de la Policía para apoyar los niveles futuros de servicio del departamento para asegurar la sostenibilidad, la seguridad pública, la seguridad de los policías, el control de crímenes, y el cumplimiento con los mandatos legislativos. VITALIDAD ECONOMICA Promover y fomentar vitalidad económica incluyendo, pero no limitado a: • Implementar el Plan Comprehensivo del Uso de Terreno a través de acciones relacionadas, incluyendo cambios de los códigos de zonificación, actualización en las etapas de los códigos de las señales, y el desarrollo de las reglas y los estándares. • Terminar los Planes de las Áreas y un análisis ambiental el cual complementa al plan integral de uso de la tierra como a los Planes del Centro y de Broadmoor. • Desarrollar un Plan de Desarrollo Económico, el cual incluya esfuerzos de revitalización. IDENTIDAD COMUNITARIA Identificar oportunidades para mejorar la identidad comunitaria, la cohesión, y la imagen incluyendo, pero no limitado a: • Desarrollar un Plan de Participación de la Comunidad para evaluar las estrategias, las tecnologías, y otras oportunidades para promover la inclusividad, la participación de la comunidad, y los esfuerzos interdepartamentales y de coordinación de los constituyentes. • Apoyar a la Comisión de las Artes y Cultura al promover la unidad y la celebración de la diversidad a través de programas de arte y cultura, reconocer eventos o acontecimientos significantes, y participar/patrocinar eventos dentro de la comunidad. Page 223 of 223