HomeMy WebLinkAbout2025.01.06 Council Meeting Packet
AGENDA
City Council Regular Meeting
7:00 PM - Monday, January 6, 2025
Pasco City Hall, Council Chambers & Microsoft Teams Webinar
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 1-322-249-0718 and use access
code 208 74 364#.
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. 2025 WASHINGTON STATE LEGISLATIVE PRE-SESSION UPDATE
6 - 14 (a) 2025 Washington State Legislative Pre-Session Update (60
minutes)
Discussion led by Adam Lincoln, City Manager and Briahna Murray,
Partner, Gordon Thomas Honeywell Governmental Affairs with
participation of City Council and the 8th, 14th and 16th Legislative
Delegations
5. 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
Page 1 of 200
Regular Agenda and considered separately.
15 - 37 (a) Approval of Meeting Minutes for November 19th, December 2nd
and December 9th
To approve the minutes of the Pasco City Council Special Meeting
held on November 19, 2024, Special & Regular Meetings held on
December 2, 2024, and Special Meeting and Regular Workshop held
on December 9, 2024.
38 - 41 (b) Bills and Communications - Approving Claims in the Total
Amount of $24,278,924.58 and Write-off Totaling $15,405.76
(delinquent bad debt)
To approve claims in the total amount of $24,278,924.58
($10,477,378.62 in Check Nos. 268346 - 268931; $2,896,316.91 in
Electronic Transfer Nos. 848625 - 848683, 848685 - 848686, 848692
- 848693, 848695 - 848846, 848848 - 848857, 848859 - 848861,
848863 - 848885; $30,772,70 in Check Nos.54856 - 54872;
$4,577,988.39 in Electronic Transfer Nos. 30217678 - 30219633;
$6,295,792.42 in Electronic Transfer Nos. 999 - 1000; $675.54 in
Electronic Transfer Nos. 325 - 330).
To approve bad debt write-off for accounts receivable including Utility
Billing, Ambulance, Cemetery, General Accounts, and Miscellaneous
Accounts in the total amount of $15,405.76 and, of that amount,
authorize $15,405.76 to be turned over for collection.
42 - 53 (c) Resolution No. 4548 - Project Acceptance for Transmission Main
– West Pasco Water Treatment Plant (WPWTP) to Zone 3 Project
To approve Resolution No. 4548, accepting work performed by Total
Site Services, LLC under contract for the Transmission Main – West
Pasco Water Treatment Plant (WPWTP) to Zone 3 Project.
(RC) MOTION: I move to approve the Consent Agenda as read.
6. PROCLAMATIONS AND ACKNOWLEDGEMENTS
7. PUBLIC COMMENTS - The public may address Council on any items
unless it relates to a scheduled Public Hearing. This item is provided to
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
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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.
8. REPORTS FROM COMMITTEES AND/OR OFFICERS
(a) Verbal Reports from Councilmembers
9. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND
RESOLUTIONS RELATING THERETO
10. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS
54 - 97 (a) *Q Ordinance No. 4752 - Gisi Water Tower Apartments Rezone
from C-1 to R-4 (Z 2023-008) (5 minutes)
MOTION: I move to adopt Ordinance No. 4752, amending the zoning
classification of certain real property located east of Road 76, west of
Road 68, south of Sandifur Parkway, and north Wrigley Drive, in
Pasco, Franklin County, Washington, from C-1, Retail Business to R-
4, High Density Residential and, further, authorize publication by
summary only.
98 - 113 (b) *Resolution No. 4550 - Setting a Public Hearing for Local
Improvement District No. 152 Final Assessment Roll (5 minutes)
MOTION: I move to approve Resolution No. 4550, setting a date and
place for a public hearing for the Final Assessment Roll for Local
Improvement District No. 152, and directing that notice thereof be
given in the manner required by law.
114 - 130 (c) Resolution No. 4549 - Interlocal Agreement with the Port of
Pasco for Airport Police Services and Ordinance No. 4753 -
Amending the 2025-2026 Operating Budget by Adding Staff to
the Pasco Police Department (5 minutes)
MOTION: I move to approved Resolution No. 4549, authorizing the
City Manager to execute an interlocal agreement with the Port of
Pasco to provide airport police services.
If the ILA is approved, then
MOTION: I move to adopt Ordinance No. 4753, amending the 2025-
2026 Biennial Operating Budget (Ordinance No. 4749) by providing
supplement thereto; to provide additional appropriation in the City's
General Fund, allocating funding for the addition of four full-time
employees to the Police Department staffing to ensure effective
collaboration with airport and federal authorities and improve public
safety services and, further, authorize publication by summary only.
Page 3 of 200
131 - 141 (d) *Resolution No. 4551 - Fire Training Center Use Agreement
Franklin County Fire District No. 3 (5 minutes)
MOTION: I move to approve Resolution No. 4551, authorizing the
City Manager to sign and execute the Fire Training Center Use
Agreement with the Franklin County Fire District No. 3 located at
1011 East Ainsworth, Pasco, Washington.
142 - 155 (e) *Resolution No. 4552 - Setting a Date to Consider a Notice of
Intent to Commence Annexation Proceedings for Urbach Kau
Trail Annexation (ANX 2024-004) (3 minutes)
MOTION: I move to approve Resolution No. 4552, setting 7:00 PM,
January 21, 2025, as the time and date for a public meeting with the
initiators to consider the Urbach Notice of Intent to Commence
Annexation of property located southeast of the intersection of Road
68 and Kau Trail Road in Pasco, WA.
156 - 198 (f) *Resolution No. 4553 - GESA Stadium Assignment and
Assumption of Lease Agreement (5 minutes)
MOTION: I move to approve Resolution No. 4553, authorizing the
City Manager to Execute an Assignment and Assumption of Lease
Agreement between Northwest Baseball Ventures I, LLC and DBH
Tri-City, LLC and the City of Pasco for GESA Stadium.
11. UNFINISHED BUSINESS
12. NEW BUSINESS
13. MISCELLANEOUS DISCUSSION
14. EXECUTIVE SESSION
(a) To Consider Site selection or Acquisition of Real Estate
Purchase or Lease if Likelihood that Disclosure Would Increase
Price per RCW 42.30.110(1)(b) and Discussion with Legal
Counsel About Current or Potential Litigation per RCW
42.30.110(1)(i) (25 minutes)
15. ADJOURNMENT
16. ADDITIONAL NOTES
(a) (RC) Roll Call Vote Required
* Item not previously discussed
Q Quasi-Judicial Matter
MF# “Master File #....”
Page 4 of 200
199 - 200 (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
City 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 200
AGENDA REPORT
FOR: City Council December 30, 2024
TO: Adam Lincoln, City Manager City Council Regular
Meeting: 1/6/25
FROM: Adam Lincoln, City Manager
City Manager
SUBJECT: 2025 Washington State Legislative Pre-Session Update (60 minutes)
I. ATTACHMENT(S):
2025 State Legislative Priorities
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion led by Adam Lincoln, City Manager and Briahna Murray, Partner,
Gordon Thomas Honeywell Governmental Affairs with participation of City
Council and the 8th, 14th and 16th Legislative Delegations
III. FISCAL IMPACT:
N/A
IV. HISTORY AND FACTS BRIEF:
have Honeywell Thomas Gordon of Holly and Murray Briahna Sanabria
coordinated in-person and virtual participation of the 8th, 14th and 16th District
legislators to discuss the City of Pasco's (City’s) legislative priorities for the
2025 Legislative Session, which begins on January 13th. In the past, the City’s
legislators have shared their appreciation for the opportunity to meet with
Pasco local elected officials in advance of the legislative session. This meeting
provides a unique opportunity for all the City’s legislators to connect with the
Pasco City Council and share their priorities and plans for the legislative
session, and for Councilmembers to do the same.
V. DISCUSSION:
The purpose of this event is for the City Council to brief the City’s legislators on
the Legislative funding requests identified on the City's Agenda.
Councilmembers will speak to each of the funding requests outlined on the
Page 6 of 200
Legislative Agenda, with City Staff and Lobbyist providing additional
background information. Lobbyist, Briahna Murray at GTH-GOV, and City Staff
have developed assignments and talking points.
Ms. Murray and Mr. Lincoln will facilitate the discussion so Council can hear
from all the legislators and provide Councilmembers time for comment and
interaction.
Page 7 of 200
The City of Pasco requests the state’s continued partnership to renovate the MLK Community Center in East
Pasco. Phase 1 of the renovation focused on the Northwest building and is nearing completion. To advance
Phase 2, the City requests $900,000 to renovate the Southwest building of the MLK Community Center.
Phase 2 will turn the Southwest building into a library and community room, and upgrade restrooms and
building access to meet ADA requirements. The renovation of the Southwest building will bring the City closer
to completing the entire campus, which serves as an essential space for a diverse neighborhood.
2025 State Funding Requests
MLK COMMUNITY CENTER PHASE 2
To improve recreational access for the community, Pasco has sought out opportunities to acquire properties
for parks, particularly in those areas of the community underserved by parks. Only 3% of the city’s land is
used for parks. The City of Pasco requests $500,000 to develop the Road 80 Neighborhood Park. The 3-acre
neighborhood park is in a park desert. Developing the park will bring playgrounds, shelter, walking paths, and
trees to what is currently a grass field. The additions will transform the space into a park that offers a variety of
passive and active recreational opportunities for Pasco residents of all ages.
ROAD 80 NEIGHBORHOOD PARK
Pasco owns and operates an innovative Process Water Reuse Facility (PWRF) that utilizes wastewater from
food processors to irrigate nearby farm circles. As more food processors choose to locate in Pasco, the City
needs additional farm circles to irrigate. The City asks for the state’s partnership in acquiring or leasing nearby
circles owned by the Department of Natural Resources and/or the private parties.
PASCO PROCESS WATER REUSE FACILITY
Pasco requests state funding to advance the Road 76 Overpass Project to create a multimodal connection
across I-182, which currently divides neighborhoods from commercial areas and complicates local travel
patterns. The overpass project will reduce travel distances and decrease daily vehicle miles by 6,300 by 2045.
The City requests $5 million for the design and right-of-way acquisition, and $30 million for construction. This
project is ranked as one of the region’s top transportation projects by the Benton Franklin Council of
Governments (BFCOG) and Benton Franklin and Walla Walla Good Roads Transportation Association
(BFWWGRTA).
ROAD 76 OVERPASS
Pasco requests state funding to perform a comprehensive analysis of State Route 12 from the intersections of
A Street to Tank Farm/Sacajawea Park Road to develop practical solutions that will improve safety and
economic vitality for the region. Given the recent increase in crashes and the expected rise in traffic volumes,
including significant freight traffic, the analysis will aim to identify safety concerns, develop alternatives,
perform stakeholder engagement, develop conceptual design and planning estimates. The City requests $3
million to complete the analysis. This project is ranked as one of the region’s top transportation projects by
BFWWGRTA and as a project of significance for BFCOG. Project is also known as “SR 12 A Street Crossing
Improvements” in some publications.
US 12/A STREET TRAFFIC STUDY
Pasco requests state funding for the Lewis Street Underpass Demolition. The state invested in the
development of the Lewis Street Overpass, which was completed in 2024. Due to cost overruns associated
with the overpass, the City needs $3.3 million to complete demolition of the underpass and to honor its
agreement with BNSF.
LEWIS STREET UNDERPASS DEMOLITION
Pasco requests state funding to construct a multimodal crossing over I-182 to create a critical connection for
active transportation along the corridor which is surrounded by residences, schools and essential commercial
businesses. The City requests $8 million for construction.
BROADMOOR BLVD/BIKE/PED PATH
Page 8 of 200
QUALITY OF LIFE
Local Community
Decision-Making
Pasco opposes any proposals that restrict, mandate, or otherwise interfere with the
city’s ability to make local decisions that are informed by public processes and
community engagement.
Housing Affordability
Pasco supports efforts to bring more affordable housing to the Pasco community
including reduced barriers to constructing housing and grant funding through programs
like the Housing Trust Fund.
Homelessness
Pasco supports additional tools to assist cities in addressing homelessness, including
resources for the city’s resource navigator program. Additionally, the City asks that the
Legislature continue to empower cities to address homeless encampments in a
compassionate but effective manner.
The City of Pasco Policy Issues
COMMUNITY SAFETY
Crime Reduction and Prevention Pasco supports policies to reduce and prevent crime in the community, including
efforts to reduce and prevent gang violence.
Law Enforcement Recruitment and
Retention
Pasco supports increased funding for public safety efforts, including funding and
policies to recruit, hire, train, and retain law enforcement officers, including but not
limited to ongoing support for regional training academies.
Juvenile Interrogations Pasco supports legislation clarifying that officers can interrogate juveniles.
Traffic Safety Pasco supports legislation and grant funding to improve traffic safety through the
implementation of traffic calming measures.
Fentanyl & Opioid Epidemic Pasco supports prioritizing solutions to the fentanyl and opioid epidemic, including
funding to first responders for Narcan.
Behavioral Health
(Mental Health & Substance Use)
Pasco supports investments in the state’s behavioral health system, including crisis
response, detox facilities, outpatient case management services, and more.
Public Defense
The City of Pasco is responsible for providing public defense services to indigent
defendants of misdemeanor charges. The City supports state policies to assist in
recruiting public defenders and allocating the necessary funding needed to meet public
defense caseload standards under consideration by the Washington State Supreme
Court.
COMMUNITY TRANSPORTATION NETWORK
Tri-Cities Mobility Pasco supports efforts to explore a third crossing over the Columbia River to improve
regional mobility throughout the Tri-Cities.
Foster Wells Interchange
Pasco supports Franklin County’s request for the Foster Wells Interchange project,
which aims to improve traffic flow and access to the growing area around the Foster
Wells Road corridor.
Page 9 of 200
FINANCIAL SUSTAINABILITY
Grant Proposals
Pasco supports ongoing and increased funding to grant programs that benefit city
projects, including but not limited to the Public Works Assistance Account, the
Washington Wildlife and Recreation Program, Complete Streets, Safe Routes to
Schools, and more.
State-Shared Revenues Pasco supports preserving and enhancing state-shared revenue streams.
Unfunded Mandates Pasco opposes any unfunded mandates that increase costs to cities without additional
state funding provided.
Public Records Act Pasco supports any proposals that reduce the impact of abusive public records
requests and litigation.
Election of Judges Pasco opposes legislation mandating that part-time municipal court judges be elected
rather than appointed.
Insurance Costs
Recent legislation and subsequent court decisions have increased the legal liability of
public entities, resulting in higher rates for liability coverage. The City’s liability rates
increased by 27% from 2022 to 2023 and by another 17% from 2023 to 2024. The City
supports efforts to protect against liability expansion and opposes new policies that
would drive additional claims and increase litigation costs.
PFML/FMLA Coordination
Pasco supports efforts to align the administration of the federal Family and Medical
Leave Act (FMLA) and state Paid Family Medical Leave (PFML) programs to run
concurrently. Harmonizing these programs will help maintain their benefits without
imposing excessive costs.
The City of Pasco Policy Issues
City Manager's Office
City of Pasco
509-545-3404
ECONOMIC VITALITY
Water Rights
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.
Economic Development Tools
Pasco supports economic development tools to spur development downtown and in
key commercial corridors, including funding for an industrial symbiosis project at the
Port of Pasco and retaining and enhancing tax increment financing.
DNR Property within the UGA Pasco is opposed to DNR buying land within the City’s UGA and asks that DNR divest
itself of the undeveloped agricultural land it currently owns within the UGA and keeping
the associated water rights with said land, not moving them outside city limits.
Annexation Pasco supports incentives that encourage annexation, including utilizing utility
extensions, and mechanisms that facilitate the annexation of unincorporated islands.
Growth Management Pasco opposes any proposals that create new planning obligations within the Growth
Management Act that are not coupled with adequate funding.
Briahna Murray, Lobbyist
Gordon Thomas Honeywell, GR
253-310-5477 bmurray@gth-gov.com
The City supports AWC legislative agenda items that serve the best interests of Pasco.
Page 10 of 200
P R O J E C T S C O P E
The City of Pasco is requesting $900,000 to fund Phase 2 of the Martin Luther King Jr. Community Center
Renovation & Expansion project. This initiative focuses on the comprehensive renovation and expansion of
the Community Center located in East Pasco, a neighborhood vital to both Latino and African American
communities. The Center has been a key facility since 1976 and encompasses services from the East Pasco
YMCA and the Benton-Franklin Head Start (BFHS).
Key Highlights:
Community Role: Serves as a cultural hub, hosting the East Pasco YMCA and BFHS, and is the focal
point for the annual Juneteenth celebration.
Economic Need: Located in an area with a lower median income and higher poverty index compared to
the Pasco average, highlighting the need for continued investment.
Comprehensive Phasing: The project's three-phase design allows for continuous community use with
minimal disruption during renovations.
Project Goals:
The renovation is planned in three distinct phases to accommodate ongoing community activities and ensure
facility improvements are executed effectively:
Phase 1: Currently under construction, this phase includes bringing the Northwest campus building up to
code with ADA-compliant restrooms, new classrooms, a community room, offices, and infrastructure
improvements such as new electrical, plumbing, HVAC, and fire suppression systems, along with an
external play area and landscaping.
Phase 2: This phase will transform the Southwest building and the corridor between the Southwest
building and gym from a game room/computer lab into a library, connect it with a renovated and expanded
hallway to the gym and BFHS area, and include the construction of new ADA-compliant restrooms.
Additionally, the existing center atrium will be enclosed to create a new public space, and the front entry
will be remodeled to establish a welcoming reception area.
W W W .P A S C O -W A .G O V | 5 0 9 -5 4 4 -4 1 2 5
M A R T I N L U T H E R K I N G J R . C O M M U N I T Y
C E N T E R R E N O V A T I O N & E X P A N S I O N P R O J E C T
P U B L I C W O R K S
Phase 3: Envisions a total renovation of the gym, adding
new office spaces, a weight room, teen center, and
indoor/outdoor stages, alongside creating an outdoor
amphitheater. The mechanical room will be upgraded to
current standards.
The project's total budget is estimated at $12.0 million, with
the city having secured $6.48 million in grants and local
funds. The enhancements will ensure the Center can
continue to provide technological access, foster community
growth, and support essential educational and recreational
programs.
Page 11 of 200
The City of Pasco is requesting $500,000 to develop a new neighborhood park at the northwest corner of
Massey Drive and Road 80, adjacent to Three Rivers Elementary School. This initiative aims to address the
recreational needs of a growing residential area currently underserved by local park facilities.
Key Highlights:
Strategic Location: Situated next to an elementary school and designed to serve a residential area
lacking in park facilities.
Community Benefit: Meets the Parks, Recreation and Open Space (PROS) Master Plan's requirements
for local recreational spaces, enhancing the quality of life for residents.
Planned Features: The park will include a walking path, picnic shelters, playgrounds, playing courts,
benches, trash cans, a drinking fountain, and a portable restroom enclosure.
Project Goals:
The Road 80 Neighborhood Park project involves transforming an existing irrigated grass field into a fully-
equipped public park. Key development phases include:
Infrastructure Setup: Incorporating existing sidewalk, curb, and gutter systems on the north, east, and
south sides, with the west side bounded by the schoolyard fence.
Recreational Facilities: Installing multiple amenities such as a walking path that encourages active
lifestyles, picnic shelters for community gatherings, playgrounds for children's activities, and playing
courts for sports and fitness.
P R O J E C T S C O P E
W W W .P A S C O -W A .G O V | 5 0 9 -5 4 4 -4 1 2 5
R O A D 8 0 N E I G H B O R H O O D P A R K
P R O J E C T
P A R K S & R E C R E A T I O N
Park Amenities: Adding essential site
features like benches for relaxation, trash
cans for maintenance and cleanliness,
and a drinking fountain for hydration.
Additionally, provisions for a portable
restroom will be made to ensure
convenience for park-goers.
This development not only fulfills a critical
need highlighted in the City's PROS Master
Plan but also significantly enhances the
neighborhood's accessibility to recreational
spaces, promoting a healthier, more vibrant
community environment.
Page 12 of 200
Pasco requests state funding to advance the Road 76
Overpass Project to create a multimodal connection
across I-182, which currently divides neighborhoods
from commercial areas complicated by local travel
patterns. The overpass project will reduce travel
distances and decrease daily vehicle miles by 6,300
before 2045. The City requests $5 million for the design
and right-of-way acquisition, and $30 million for
construction. This project is ranked as one of the
region’s top transportation projects by the Benton
Franklin Council of Governments (BFCOG) and Benton
Franklin and Walla Walla Good Roads Transportation
Association (BFWWGRTA).
Transportation Funding Priorities
The City of Pasco requests that Washington State invest in transportation projects
throughout the community to address urgent safety and capacity needs:
$35 million for the Road 76 Overpass Project
$8 million for the Broadmoor Bike/Ped Crossing Over I-182
Pasco requests state funding to construct a multimodal
crossing over I-182 to create a critical connection for
active transportation along the corridor which is
surrounded by residences, schools and essential
commercial businesses. The City requests $8 million for
construction.
2025
Page 13 of 200
Transportation Funding Priorities
City Manager's Office
City of Pasco
509-545-3404
Maria Serra, PE, Public Works Director
City of Pasco
509-544-4125 serram@pasco-wa.gov
$3 million for US 12/A Street Traffic Study
Pasco requests state funding to perform a comprehensive analysis of State Route 12 from the
intersections of A Street to Tank Farm/Sacajawea Park Road to develop practical solutions that
will improve safety and economic vitality for the region. Given the recent increase in crashes and
the expected rise in traffic volumes, including significant freight traffic, the analysis will aim to
identify safety concerns, develop alternatives, perform stakeholder engagement, develop
conceptual design and planning estimates. The City requests $3 million to complete the
analysis. This project is ranked as one of the region’s top transportation projects by
BFWWGRTA and as a project of significance for BFCOG. Project is also known as “SR 12 A
Street Crossing Improvements” in some publications.
Continued
Briahna Murray, Lobbyist
Gordon Thomas Honeywell, GR
253-310-5477 bmurray@gth-gov.com
$3.3 million for Lewis Street Underpass Demolition
Pasco requests state funding for the Lewis Street Underpass Demolition. The State invested in
the development of the Lewis Street Overpass, which was completed in 2024. Due to cost
overruns associated with the overpass, the City requests $3.3 million to complete demolition of
the underpass and to honor its agreement with BNSF.
Page 14 of 200
AGENDA REPORT
FOR: City Council January 2, 2025
TO: Adam Lincoln, City Manager City Council Regular
Meeting: 1/6/25
FROM: Debra Barham, City Clerk
City Manager
SUBJECT: Approval of Meeting Minutes for November 19th, December 2nd and
December 9th
I. REFERENCE(S):
11.19.2024, 12.02.2024 and 12.09.2024 Draft Council Minutes
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve the minutes of the Pasco City Council Special Meeting held on
November 19, 2024, Special & Regular Meetings held on December 2, 2024,
and Special Meeting and Regular Workshop held on December 9, 2024.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
Page 15 of 200
MINUTES
City Council Special Meeting
1:00 PM - Tuesday, November 19, 2024
6701 Road 90, Pasco, WA 99301
ATTENDEES
Councilmembers present: Pete Serrano, David Milne, Melissa Blasdel, Charles
Grimm, Peter Harpster, and Leo Perales
Councilmembers attending remotely: None.
Councilmembers absent: Blanche Barajas
Staff present: Adam Lincoln, City Manager; Angela Pashon, Assistant City
Manager; Kevin Crowley, Fire Chief; and Maria Serra, Public Works Director
RIBBON CUTTING CEREMONY - NEW WATER STORAGE RESERVOIR
A quorum of Pasco City Council attended the ribbon cutting ceremony celebrating
the City's new 3.5 Million Gallon Water Storage Reservoir.
PASSED and APPROVED on _______________________.
APPROVED: ATTEST:
Pete Serrano, Mayor Debra Barham, City Clerk
Page 1 of 1Page 16 of 200
MINUTES
City Council Special Meeting
5:00 PM - Monday, December 2, 2024
Pasco City Hall, Pasco Conference Room
ATTENDEES
Councilmembers present: Pete Serrano, David Milne, Blanche Barajas, Melissa
Blasdel, Charles Grimm, Peter Harpster, and Leo Perales
Councilmembers attending remotely:
Councilmembers absent: None
Other Attendees: Dave Mercier, Facilitator, Adam Lincoln, City Manager
EXECUTIVE SESSION - 5:00 PM TO 6:30 PM
Council adjourned into Executive Session at 5:00 PM for 90 minutes returning at
6:30 PM to review the performance of a public employee per RCW
42.30.110(1)(g) with Dave Mercier.
Councilmember Barajas joined the Executive Session at 5:05 PM.
City Manager Adam Lincoln went into Executive Session at 5:34 PM.
Councilmembers Serrano, Perales and Harpster left the Executive Session at
6:28 PM.
Mayor Serrano called the meeting back to order at 6:30 PM.
ADJOURNMENT
There being no further business, the meeting was adjourned at 6:30 PM.
PASSED and APPROVED on _______________________.
APPROVED: ATTEST:
Page 1 of 2Page 17 of 200
Pete Serrano, Mayor Debra Barham, City Clerk
Page 2 of 2Page 18 of 200
MINUTES
City Council Regular Meeting
7:00 PM - Monday, December 2, 2024
Pasco City Hall, Council Chambers & Microsoft Teams Webinar
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, Land Use &
Planning Advisor; Craig Raymond, Deputy Community & Economic Development
Director; Jesse Rice, Parks & Recreation 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 November 18th and November 25th
To approve the minutes of the Pasco City Council Regular Meeting and Regular
Workshop held on November 18, 2024 and November 25, 2024 respectively.
Bills and Communications - 2024 Approving Claims in the Total Amount of
$6,276,599.78
To approve claims in the total amount of $6,276,599.78 ($4,960,022.26 in Check
Nos. 268064 - 268345; $66,395.54 in Electronic Transfer Nos. 848374 - 848539,
848552, 848614; $18,290.43 in Check Nos. 54850 - 54855; $1,231,891.55 in
Page 1 of 9Page 19 of 200
Electronic Transfer Nos. 30217019 - 30217677).
Resolution No. 4534 - Project Acceptance for Argent Rd Widening Phase 3
To approve Resolution No. 4534, accepting work performed by Apollo, Inc., under
contract for the Argent Road Widening Phase 3 Project.
Resolution No. 4535 - Project Acceptance for Court Street Overlay Project
To approve Resolution No. 4535, accepting work performed by Central
Washington Asphalt, Inc., under contract for the Court Street Overlay Project.
Resolution No. 4536 - Acceptance of Work for New Pasco Animal Control
Shelter
To approve Resolution No. 4536, accepting work performed by G2 Commercial
Construction Inc. of Kennewick Washington, under contract for the new Pasco
Animal Control Shelter Project.
Resolution No. 4537 - Bid Award for Martin Luther King Jr. Community
Center Remodel and Expansion Phase 1 Construction Project
To approve Resolution No. 4537 awarding Bid No. 21314 for the Martin Luther
King Jr. Renovation and Expansion Project Phase 1 project to Booth and Sons
Construction, Inc. of Kennewick, Washington, and further, authorize the City
Manager to execute the contract documents, allowing for all necessary budget
adjustments.
Resolution No. 4538 - I-182/Broadmoor Blvd. Interchange Project Change
Order No. 9 Approval
To approve Resolution No. 4538, authorizing the City Manager to execute
Change Order No. 9 with Nelson Construction Corp. for the I-182 and Broadmoor
Boulevard Interchange.
Resolution No. 4539 - West Pasco Water Treatment Plant Phases 3 & 4
Drinking Water State Revolving Fund Additional Loan Acceptance
To approve Resolution No. 4539, approving and authorizing the City Manager to
execute and deliver the Drinking Water State Revolving Fund Loan Contract No.
DWL29708-0 with the Washington State Department of Health for the West Pasco
Water Treatment Plant Phases 3 and 4 Project.
Resolution No. 4540 - "Amtrak" National Railroad Passenger Corporation -
Intermodal Transportation Facility Lease Agreement
To approve Resolution No. 4540, authorizing the City Manager to execute a 10-
year Lease agreement between National Railroad Passenger Corporation and the
City of Pasco for operating space at the Pasco Intermodal Transportation facility.
Page 2 of 9Page 20 of 200
Resolution No. 4541 - Basin Disposal Inc. 2025 Proposed Rate Increase
To approve Resolution No. 4541, approving a rate increase for Solid Waste
Collection and Disposal services by Basin Disposal, Inc.
Cancellation of December 16 and 23, 2024, Regularly Scheduled Council
Meeting and Workshop
To approve the cancellation of the December 16th and 23rd Council Regular
Meeting and Workshop respectively.
ROLL CALL VOTE
MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Blasdel
to approve the Consent Agenda as read.
RESULT: Motion carried unanimously 7-0
AYES: Mayor Serrano, Mayor Pro Tem Milne, Councilmember
Barajas, Councilmember Blasdel, Councilmember
Grimm, Councilmember Harpster, and Councilmember
Perales
PUBLIC COMMENTS
Angelica Campos, Pasco resident, discussed issues with a relocated bus stop in
front of her home. Mr. Lincoln and Ms. Serra noted they were aware of the issue
and that staff was in contact with Benton Franklin Transit and that they would be
in touch with her.
Carl Holder responded to a previous Council meeting video regarding the lodging
tax recommendations and he voiced his support of the funding recommendations.
Dean Smith, HLA Surveying, discussed the Unfinished Business Item, "Update -
Amending Sections of the Pasco Municipal Code Titles 13 and 3 Related to
Pasco Water Reuse Facility (PWRF)", stating he believes there may be an error
in the table contained in the agenda packet.
Mary Mahoney, Pasco resident, commented and asked questions relating to the
Tri-Cities Animal Control and its Shelter.
Justin Carey, Pasco resident, discussed his concerns with the Pasco Planned
Parenthood.
Page 3 of 9Page 21 of 200
REPORTS FROM COMMITTEES AND/OR OFFICERS
Verbal Reports from Councilmembers
Ms. Blasdel discussed the "Wreaths Across America" effort and stated that
volunteers were welcome to come to City View Cemetery on December 14, 2024,
to place the wreaths on the graves of those who served in the US military.
Ms. Barajas shared that she volunteered at Sue's Turkey Drive, which boxed up
3,000 meals to distribute to various families in the Pasco School District.
Mayor Serrano expressed thanks and wished everyone had a Happy
Thanksgiving.
HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS
RELATING THERETO
Public Meeting & Resolution No. 4542 - Accepting a Notice of Intent to
Commence Annexation Wright and Big Sky Developers Glacier Park
Convention Drive 10% Annexation Petition
Mr. Harpster recused himself prior to discussing this item and left Council
Chambers.
Mr. Raymond discussed the intent to commence annexation by Big Sky
Developers for Glacier Park Convention Drive.
There were no public comments.
MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Blasdel
to approve Resolution No. 4542, accepting a notice of intent to commence
annexation proceedings for the Glacier Park Convention Drive Annexation,
providing a determination on the boundary to be annexed, and whether
simultaneous zoning and the assumption of bonded indebtedness will be
required.
RESULT: Motion carried unanimously 6-0
AYES: Mayor Serrano, Mayor Pro Tem Milne, Councilmember
Barajas, Councilmember Blasdel, Councilmember
Grimm, and Councilmember Perales
ABSTAIN: Councilmember Harpster
Mr. Harpster retuned to Council Chambers after final action was taken.
Page 4 of 9Page 22 of 200
ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS
Ordinances Nos. 4746 & 4747 - 2025 Administrative/Professional Wage and
Management Salary Plans
Mr. Lincoln discussed the proposed administrative and professional wage and
management salary plans.
MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Blasdel
to adopt Ordinance No. 4746, concerning the wages for certain
administrate/professional, non-management personnel for calendar year 2025.
RESULT: Motion carried unanimously 7-0
AYES: Mayor Serrano, Mayor Pro Tem Milne, Councilmember
Barajas, Councilmember Blasdel, Councilmember
Grimm, Councilmember Harpster, and Councilmember
Perales
MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Blasdel
to adopt Ordinance No. 4747, concerning the salaries for management position
for the calendar year 2025.
RESULT: Motion carried 6-1
AYES: Mayor Serrano, Mayor Pro Tem Milne, Councilmember
Barajas, Councilmember Blasdel, Councilmember
Grimm, and Councilmember Harpster
NAYS: Councilmember Perales
Ordinance No. 4748 - 2023-2024 Operating Budget Supplement
Ms. Buckley discussed the 2023-2024 Operating Budget Supplement.
MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Blasdel
to adopt Ordinance No. 4748, amending the 2023-2024 Biennial Operating
Budget by providing supplement thereto; by appropriating revenue received in
excess of estimated revenues for the current biennium and by providing
transfers and adjustment authority and, further, authorize publication by title
only.
RESULT: Motion carried unanimously 7-0
AYES: Mayor Serrano, Mayor Pro Tem Milne, Councilmember
Barajas, Councilmember Blasdel, Councilmember
Grimm, Councilmember Harpster, and Councilmember
Perales
Page 5 of 9Page 23 of 200
Resolution No. 4543 - Declaring the City of Pasco 2025 Legislative Priorities
Mr. Lincoln discussed the City of Pasco 2025 Legislative Priorities.
Mr. Grimm expressed support for the proposed legislative priorities.
MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Barajas
to approve Resolution No. 4543, declaring the City of Pasco 2025 Legislative
Priorities.
RESULT: Motion carried unanimously 7-0
AYES: Mayor Serrano, Mayor Pro Tem Milne, Councilmember
Barajas, Councilmember Blasdel, Councilmember
Grimm, Councilmember Harpster, and Councilmember
Perales
UNFINISHED BUSINESS
Amending PMC Title 25 Zoning Related to Overnight Truck Habitation
Mr. Gonzalez presented the proposed amendments to Pasco Municipal Code
(PMC) Title 25 Zoning related to allowing overnight truck habitation in designated
locations.
Mayor Serrano recommended keeping the overnight truck zoning along the
highway and C-3 zoning districts.
Mr. Perales suggested more flexibility regarding pavement, to possibly allow
gravel, reduce trash receptacles to at least one, and relaxing the landscaping
requirements. Also, concentrate in the C-3 zoning districts, rather than north of
the freeway, and no need for buffer areas in areas such as King City, as it's
already a truck stop area. Otherwise he was in support of the ordinance.
Mr. Harpster concurred with Mr. Perales' recommendations, adding that a 500-
foot buffer is the way to go, include the C-3 zoning districts knowing that the
Broadmoor Overlay District is not going to be included, and remove the
requirement to pave to allow gravel.
Mr. Grimm concurred with Mr. Perales and Mr. Harpster, adding that he didn't feel
there should be a garbage can requirement based per spaces. He also felt that
gravel would be fine and that the 500-foot buffer is sufficient. Lastly, he approved
of the 72-hour timeframe or the 48 hour stay limit with exceptions to extend the
stay for holidays or inclement weather.
Mr. Gonzalez provided clarification that 72-hour stay limit was recommended by
the Planning Commission. However, there had also been discussion of 96-hour
stay limit and a discussion to reduce to the limit to 48 hours with the flexibility for
Page 6 of 9Page 24 of 200
holiday weekends and inclement weather.
Ms. Barajas recommended following the recommendations from the Planning
Commission to keep it as simple as possible so that the habitants know the rules.
Councilmembers were in agreement to move forward with the ordinance.
There was discussion on changing the paving requirement to allow for gravel, the
number of allowable hours, with the majority agreeing to 72-96 hours maximum, a
relaxing the trash receptacle requirement.
At least four Councilmembers agreed with gravel and 72-96 hour maximum stay
limit.
RECESS
Mayor Serrano called a 5 minutes recess at 7:56 PM and the meeting continued at
8:01 PM.
UNFINISHED BUSINESS CONTINUED
Update - Amending Sections of the Pasco Municipal Code Titles 13 and 3
Related to Pasco Water Reuse Facility (PWRF)
Ms. Sigdel, provided an overview on the history and current status of the Paso
Water Reuse Facility (PWRF). She discussed amending sections of the Pasco
Municipal Code (PMC), including a change of rates due to investment the City has
made on the PWRF and change in technology.
Ms. Serra gave a presentation on the proposed rate changes and risk mitigation.
Staff is looking to bring this item back for Council action the following week. Legal
Counsel Steve DiJulio was available online to answer questions.
Council and staff discussion ensued on the following:
Concerns about fees from the processor who came forward during public
comment period
Commitment level of the processors and if they are in agreement with the
proposed ordinance
Concerns with changes involving Wastewater Treatment Agreements
(WTAs)
Responsibilities of the processing the water
Ongoing relationship with the processors
Rate structures and the Cost of Service Model
Window for negotiations for processors
Frequency rates are reviewed
Page 7 of 9Page 25 of 200
NEW BUSINESS
Presentation of Proposed Changes to the Rental License Program
Ms. Sigdel introduced Inspection Services Manager Troy Hendren, who presented
the current Rental License Program. He explained its importance in providing
safety and accountability for both renters and landlords. He discussed the
proposed changes to continue to improve the program or an overview of what
would happen should Council decide to discontinue the program.
Council and staff discussion ensued on the following:
The expanded definition to include immediate family in which a rental
license is not required
The license fee for parcels with multiple units
Mr. Grimm shared appreciation in staff's efforts and benefits of the program,
however, in the interest in minimizing government, he expressed an interest in
eliminating the program.
Mr. Perales shared the same sentiment as Mr. Grimm given the list of priorities in
the department, as he would like to see more focus on permitting and
development.
Mr. Milne shared his perspective in how the program has been beneficial for him
as a property owner. He felt inspections kept the property owners and renters
accountable and meeting proper housing standards. He was in favor of he
program with proposed updates.
Ms. Barajas expressed support for the program and wants to ensure renters are
living in conditions that are safe and livable.
Mayor Serrano stated that he could see the benefits in the program, as well as a
reason to eliminate. He asked if there was a way for less inspections if a long-
term renter and landlord had an agreement, to keep the number of inspections
down, under the assumption the landlord and tenant are working together.
Ms. Blasdel provided her perspective as a business owner in the hotel industry.
She expressed support for the program due to the conditions she has seen after
renters have checked out even after short stays. She noted that the program
keeps the business and property owners accountable, as well as renters.
Mayor Serrano noted to staff that this item could come back to Council the
following week.
Purchase of Water Rights
Ms. Sigdel discussed the purchase of water rights, explaining that staff is working
with the sellers.
Page 8 of 9Page 26 of 200
She expressed the need to move forward quickly with the purchase and sale
agreement before the winter break, as the purchasing water rights is important to
plan for the growing demand and future population needs.
Council was in agreement to move forward with the purchase and sale
agreements.
MISCELLANEOUS DISCUSSION
Mr. Rice provided a quick update on Winter Fest, that included the upcoming movies
at the Pasco Fairchild movie theater, Candy Cane Scavenger Hunt and Tree Lighting
ceremony.
ADJOURNMENT
There being no further business, the meeting was adjourned at 9:12 PM.
PASSED and APPROVED on _______________________.
APPROVED: ATTEST:
Pete Serrano, Mayor Krystle Shanks, Deputy City Clerk
Page 9 of 9Page 27 of 200
MINUTES
City Council Special Meeting
7:00 PM - Monday, December 9, 2024
Pasco City Hall, Council Chambers & Microsoft Teams Webinar
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:
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; Jesse Rice, Parks & Recreation
Director; Ken Roske, Police Chief; Maria Serra, Public Works Director; and Debby
Barham, City Clerk
The meeting was opened with the Pledge of Allegiance.
UNFINISHED BUSINESS
Ordinance Nos. 4749 & 4750 - 2025-2026 Biennial Operating & Capital
Projects Budgets
Ms. Buckley reiterated the information provided to Council in developing the 2025-
2026 Biennial Operating and Capital Projects Budgets. She recommended
adoption of the two ordinances approving both the Operating and Capital Projects
Budgets for the new Biennium.
Mr. Perales stated that he will be voting no to the budget and explained his
reasoning why he will not approve the budget. He also suggested creating a
Council subcommittee for the purpose of eliminating "red tape," review the City's
budget and change the culture of the City focusing on economic development.
Page 1 of 6Page 28 of 200
Mr. Harpster also commented on specific aspects in the proposed budgets He
suggested that staff report on the status of the LEAN practices implemented in the
next year.
Mr. Grimm stated that he concurred with both Mr. Perales and Mr. Harpster. He
also commented on future expenditures and revenues. He also asked that a
budget amendment come back to Council in early 2025 for Pasco Police
Department's dedicated Traffic Unit.
Mayor Serrano called for public comments three (3) times and no one came
forward to speak.
MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Blasdel
to adopt Ordinance No.4749,approving Operating Budget for the 2025-2026
Biennium, and, further, authorize publication by title only.
RESULT: Motion carried. 6-1
AYES: Mayor Serrano, Mayor Pro Tem Milne, Councilmember
Barajas, Councilmember Blasdel, Councilmember
Grimm, and Councilmember Harpster
NAYS: Councilmember Perales
MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Blasdel
to adopt Ordinance No. 4750, approving the Capital Projects Budget for the
2025-2026 Biennium, and, further, authorize publication by title only.
RESULT: Motion carried unanimously 7-0
AYES: Mayor Serrano, Mayor Pro Tem Milne, Councilmember
Barajas, Councilmember Blasdel, Councilmember
Grimm, Councilmember Harpster, and Councilmember
Perales
Ordinance No. 4751 - Amending Sections of the Pasco Municipal Code
Titles 13 and 3 Related to Pasco Water Reuse Facility (PWRF)
Ms. Serra provided a brief report regarding the development of the updates
needed in the Pasco Municipal Code (PMC) related to revising the rates and
charges for the Process Water Reuse Facility (PWRF).
Council, Ms. Serra and Ms. Sigdel commented on and discussed the proposed
rates and charges for the PWRF.
Mayor Serrano called for public comments three (3) times and no one came
forward to speak.
Page 2 of 6Page 29 of 200
MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Blasdel
to adopt Ordinance No. 4751, relating to the City's water/sewer utility;
confirming requirements for property connection to the City's utility; revising
rates and charges for the City Water Reuse Facility; amending the Pasco
Municipal Code; and providing for related matters and, further, authorize
publication by summary only.
RESULT: Motion carried 5-2
AYES: Mayor Pro Tem Milne, Councilmember Barajas,
Councilmember Blasdel, Councilmember Grimm, and
Councilmember Harpster
NAYS: Mayor Serrano and Councilmember Perales
Lodging Tax Advisory Committee (LTAC) Recommendations for 2025
Ms. Pashon provided a recap of the LTAC 2025 funding recommendations. She
stated that staff and the LTAC recommends Option No. 1, accepting
recommendations as presented; and a second recommendation was for Option
No. 3 removing specific programs.
Mr. Harpster asked for clarification and then recommended removal of the Swim
the Snake and Charro Event.
Mayor Pro Tem Milne recommends approving Option No. 1.
Ms. Barajas recommended approving Option No. 3 and also suggested moving
the Charro event under the Charro event under COPA Symphony event and
reduce its total amount.
Mayor Serrano called for public comments three (3) times and no one came
forward to speak.
ROLL CALL VOTE
MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Blasdel
to approve the Lodging Tax Advisory Committee recommendations for the
2025 funding allocations as presented.
RESULT: Motion carried. 4-3
AYES: Mayor Serrano, Mayor Pro Tem Milne, Councilmember
Blasdel, and Councilmember Perales
NAYS: Councilmember Barajas, Councilmember Grimm, and
Councilmember Harpster
Page 3 of 6Page 30 of 200
Resolution No. 4544 - Purchase of Water Rights - Wilson Sisters, LLC
Ms. Sigdel provided a brief report related to the purchase of water rights from the
Wilson Sisters, LLC.
Mayor Serrano called for public comments three (3) times and no one came
forward to speak.
MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Blasdel
to approve Resolution No. 4544, authorizing the City Manager to execute the
Purchase and Sale Agreement with Wilson Sisters, LLC, for purchase of water
rights.
RESULT: Motion carried unanimously 7-0
AYES: Mayor Serrano, Mayor Pro Tem Milne, Councilmember
Barajas, Councilmember Blasdel, Councilmember
Grimm, Councilmember Harpster, and Councilmember
Perales
Resolution No.4545 - Purchase of Water Rights - Columbia East, LLC
Ms. Sigdel provided a brief report related to the purchase of water rights from the
Columbia East, LLC.
Mayor Serrano called for public comments three (3) times and no one came
forward to speak.
MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Blasdel
to approve Resolution No. 4545, authorizing the City Manager to execute the
Purchase and Sale Agreement with Columbia East, LLC, for purchase of water
rights.
RESULT: Motion carried unanimously 7-0
AYES: Mayor Serrano, Mayor Pro Tem Milne, Councilmember
Barajas, Councilmember Blasdel, Councilmember
Grimm, Councilmember Harpster, and Councilmember
Perales
NEW BUSINESS
Resolution No. 4546 - Requesting an Extension of the Interlocal and
Financing Lease Agreement for the HAPO Center Facility Until May 31, 2025
Mr. Lincoln reported on the proposed HAPO Center Facility Interlocal and
Financing Lease Agreement extension with Franklin County to May 31, 2025. He
sought Council's approval of this extension through a joint resolution.
Council and Mr. Lincoln briefly discussed the extension, which included a
Page 4 of 6Page 31 of 200
recommendation that the consultant complete the master plan and a substantial
budget timely, within the next month or so, to allow time for the two bodies to
determine next steps regarding the future of the HAPO Center.
Mayor Serrano called for public comments three (3) times and no one came
forward to speak.
MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Blasdel
to approve Resolution No. 4546, modifying the interlocal cooperation
agreement between the City of Pasco and Franklin County, Washington,
regarding the financing, acquisition, and ownership of a multi-purpose arena
and exhibition facility (HAPO Center) amending Resolutions 94-126, 2014-494
and 2024-4448.
RESULT: Motion carried unanimously 7-0
AYES: Mayor Serrano, Mayor Pro Tem Milne, Councilmember
Barajas, Councilmember Blasdel, Councilmember
Grimm, Councilmember Harpster, and Councilmember
Perales
Resolution No. 4547 - Financing Agreement for Benton County Emergency
Services 800MHz Radio Project
Mr. Lincoln reported on the proposed financing agreement for the Benton County
Emergency Services (BCES) 800MHz radio project, which would be covered by
the five member agencies including the the Cities of Pasco, Kennewick and
Richland and the Counties of Benton and Franklin.
SECOMM Manager Atwood provided details of the chosen vender, Motorola for
the 800MHz radio project.
Mr. Lincoln and Ms. Sigdel noted that a budget amendment will need to come
back in the amount of approximately $600K to support this 800MHz radio project
as it is not currently in the 2025-2026 Budget.
Mayor Serrano called for public comments three (3) times and no one came
forward to speak.
MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Blasdel
to approve Resolution No. 4547, authorizing the City Manager to execute a
Financing Agreement with the Cities of Richland and Kennewick and Counties
of Benton and Franklin for capital financing on behalf of Benton County
Emergency Services for 800MHz Radio Project.
RESULT: Motion carried. 6-1
AYES: Mayor Pro Tem Milne, Councilmember Barajas,
Councilmember Blasdel, Councilmember Grimm,
Councilmember Harpster, and Councilmember Perales
NAYS: Mayor Serrano
Page 5 of 6Page 32 of 200
ADJOURNMENT
There being no further business, the meeting was adjourned at 8:29 PM.
PASSED and APPROVED on _______________________.
APPROVED: ATTEST:
Pete Serrano, Mayor Debra Barham, City Clerk
Page 6 of 6Page 33 of 200
MINUTES
City Council Workshop Meeting
7:20 PM - Monday, December 9, 2024
Pasco City Hall, Council Chambers & Microsoft Teams Webinar
CALL TO ORDER
The meeting was called to order at 8:36 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:
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; Sara Matzen, Human
Resources Director; Jesse Rice, Parks & Recreation Director; Ken Roske, Police
Chief; Maria Serra, Public Works Director; and Debby Barham, City Clerk
VERBAL REPORTS FROM COUNCILMEMBERS
Mayor Serrano reported on Pasco Chamber of Commerce event he attended, as
well as a meeting he had with Commissioner Hillary Franz from the Department of
Natural Resources (DNR). He announced the Habitat for Humanity is building a
new facility on land from DNR. Lastly, he met with staff to discuss the PWRF
processors issues.
Ms. Barajas commented on a Three Rivers Community Foundation event, as well
as, the Pasco Police Department's citations and promotions events that she
recently attended. Lastly, she commented on the annual Cops and Kids event
that she participated in.
Page 1 of 4Page 34 of 200
ITEMS FOR DISCUSSION WITH OPPORTUNITY FOR PUBLIC COMMENT
Road 68 History and Future
Ms. Serra reported on the several projects implemented to date to help Road 68
grow with its surrounding properties. Looking forward, she stated the need to add
to the transportation network within the area by developing a City Overpass at
Road 76. This overpass would reduce travel through the Road 68 interchange
with I-182.
Mr. Grimm commented on the proposed City overpass and suggested that it be
built sooner than 2045.
Mayor Serrano called for public comments three (3) times and no one came
forward to speak.
Road 40 East Extension - Right-of-Way Acquisition
Mr. Lincoln provided a brief overview of the proposed right-of-way acquisition at
Road 40 East, which will include a two-way street.
Mr. Perales and Mayor Serrano expressed thanks to Mr. Bauman for his help in
ensuring that Road 40 East would remain a two-way street.
Mayor Serrano called for public comments three (3) times and no one came
forward to speak.
Monthly Update: Traffic Impact Fee Study
Ms. Sigdel provided an update on the traffic impact fee study, noting that the kick-
off meeting is scheduled for later this week.
Mayor Serrano called for public comments three (3) times and no one came
forward to speak.
Resolution - Interlocal Agreement between the City of Pasco and the Port of
Pasco for Airport Police Services
Police Chief Roske provided a brief report on the proposed Interlocal agreement
with the Port of Pasco for Airport police services due to the disbanding of the
Port's Police Department.
Mayor Serrano called for public comments three (3) times and no one came
forward to speak.
Page 2 of 4Page 35 of 200
Presentation of Proposed Changes to the Rental License Program
Mr. Grimm recommended Council support to direct staff to draft an ordinance to
disband the Rental License Program.
Council and Mr. Ferguson discussed the Rental License Program two
Councilmembers preferred terminating the program, two Councilmembers
preferred retaining the program and another two Councilmembers were interested
in bringing this back in early 2025 and asked that for options, as well as a risk
analysis be completed before deciding on the fate of the program.
Mr. Ferguson stated that he will need time to provide the options including a risk
analysis, if the program is disbanded, and confirmed that he would bring this item
back for Council review at the first Workshop in January 2025.
Mayor Serrano called for public comments three (3) times and no one came
forward to speak.
MISCELLANEOUS COUNCIL DISCUSSION
Mr. Rice announced annual Winterfest activities during the week and ending on
Saturday, December 14th at Peanuts Park. He also commented on the Wreaths
Across America event held at City View Cemetery.
Mr. Harpster expressed thanks to staff for their work during the past year and
wished everyone a good holiday break.
Mr. Perales congratulated Chiawana High School and Tri Cities Prep for their
stellar sports events during this past fall. He announced the annual Desert
Plateau Luminary (lights) event is scheduled for the coming weekend. He thanked
the Fire Department staff for serving his District recently.
Mayor Serrano commented the many coming events and wished everyone Merry
Christmas and Happy Chanukah.
CLOSED SESSION
Council adjourned into Closed Session at 9:28 PM for 10 minutes returning at
9:38 PM to discuss Collective Bargaining Unit negotiations per RCW
42.30.140(4)(a) with the City Manager, Human Resources Director, and City
Attorney.
Mayor Serrano called the meeting back to order at 9:38 PM.
Page 3 of 4Page 36 of 200
ADJOURNMENT
There being no further business, the meeting was adjourned at 9:38 PM.
PASSED and APPROVED on _______________________.
APPROVED: ATTEST:
Pete Serrano, Mayor Debra Barham, City Clerk
Page 4 of 4Page 37 of 200
AGENDA REPORT
FOR: City Council January 2, 2025
TO: Adam Lincoln, City Manager City Council Regular
Meeting: 1/6/25
FROM: Darcy Buckley, Finance Director
Finance
SUBJECT: Bills and Communications - Approving Claims in the Total Amount of
$24,278,924.58 and Write-off Totaling $15,405.76 (delinquent bad debt)
I. ATTACHMENT(S):
Accounts Payable 11.27.24 to 01.01.25
Write-offs (direct and bad debt)//Collection 11.27.24 to 01.01.25
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve claims in the total amount of $24,278,924.58 ($10,477,378.62 in
Check Nos. 268346 - 268931; $2,896,316.91 in Electronic Transfer Nos.
848625 - 848683, 848685 - 848686, 848692 - 848693, 848695 - 848846,
848848 - 848857, 848859 - 848861, 848863 - 848885; $30,772,70 in Check
Nos.54856 - 54872; $4,577,988.39 in Electronic Transfer Nos. 30217678 -
30219633; $6,295,792.42 in Electronic Transfer Nos. 999 - 1000; $675.54 in
Electronic Transfer Nos. 325 - 330).
To approve bad debt write-off for accounts receivable including Utility Billing,
Ambulance, Cemetery, General Accounts, and Miscellaneous Accounts in the
total amount of $15,405.76 and, of that amount, authorize $15,405.76 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.
Page 38 of 200
Please see the summary page attached to this agenda item for details.
V. DISCUSSION:
Page 39 of 200
REPORTING PERIOD:
January 6, 2025
Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined
Check Numbers 268346 - 268931 54856 - 54872
Total Check Amount $10,477,378.62 $30,772.70 Total Checks 10,508,151.32$
Electronic Transfer Numbers 848625 - 848683 30217678 - 30219633 999 - 1000 325 - 330
848685 - 848686
848692 - 848693
848695 - 848846
848848 - 848857
848859 - 848861
848863 - 848885
Total EFT Amount $2,896,316.91 $4,577,988.39 $6,295,792.42 $675.54 Total EFTs 13,770,773.26$
Grand Total 24,278,924.58$
Councilmember B
100 7,806,139.03
110 83,733.46
130 1,339.00
142 58,399.19
145 9,617.19
150 543,576.88
160 11,036.93
165 25,829.79
168 96,010.87
170 3,410.72
180 3,250.41
185 341.66
188 46,127.97
190 1,616.76
191 13,541.67
194 17,533.12
195 210.66
196 HOTEL/ MOTEL EXCISE TAX 46,990.25
367 2,962,397.78
410 4,348,235.22
510 83,975.84
511 8,650.02
515 28,678.79
516 550,695.40
520 1,254,298.33
619 1,978.80
630 14,945.51
690 6,256,363.33
GRAND TOTAL ALL FUNDS:24,278,924.58$
FLEX
PAYROLL CLEARING
OLD FIRE OPEB
ECONOMIC DEVELOPMENT
STADIUM/ CONVENTION CENTER
GENERAL CAP PROJECT CONSTRUCTION
UTILITY, WATER/ SEWER
EQUIPMENT RENTAL - OPERATING GOVERNMENTAL
EQUIPMENT RENTAL - OPERATING BUSINESS
EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL
EQUIPMENT RENTAL - REPLACEMENT BUSINESS
MEDICAL/ DENTAL/ VISION INSURANCE
RIVERSHORE TRAIL & MARINA MAIN
SPECIAL ASSESSMENT LODGING
REVOLVING ABATEMENT
TRAC DEVELOPMENT & OPERATING
CEMETERY
ATHLETIC PROGRAMS
ANIMAL CONTROL
SENIOR CENTER OPERATING
MULTI-MODAL FACILITY
HOME CONSORTIUM GRANT
MARTIN LUTHER KING COMMUNITY CENTER
AMBULANCE SERVICE
Councilmember A
SUMMARY OF CLAIMS BY FUND:
GENERAL FUND
STREET
STREET OVERLAY
November 27, 2024 to January 1, 2025
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 claim.
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
6th day of January 2025 that the merchandise or services hereinafter specified have been received and are approved for payment:
Page 40 of 200
BAD DEBT WRITE-OFF/COLLECTION
November 27 2024 to January 1, 2025
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 including DSHS and Medicare customers; 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 $ -
6,744.00
6,744.00
Cemetery $ - - -
General $ - - -
Miscellaneous $ -
8,661.76
8,661.76
TOTAL: $ -
15,405.76
15,405.76
Page 41 of 200
AGENDA REPORT
FOR: City Council December 31, 2024
TO: Adam Lincoln, City Manager City Council Regular
Meeting: 1/6/25
FROM: Maria Serra, Public Works Director
Public Works
SUBJECT: Resolution No. 4548 - Project Acceptance for Transmission Main – West
Pasco Water Treatment Plant (WPWTP) to Zone 3 Project
I. ATTACHMENT(S):
Resolution
PowerPoint Presentation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. 4548, accepting work performed
by Total Site Services, LLC under contract for the Transmission Main – West
Pasco Water Treatment Plant (WPWTP) to Zone 3 Project.
III. FISCAL IMPACT:
Engineer's Estimate $ 3,789,800.00
Bid Award $ 2,611,438.23
Change Orders $ (4,587.61)
Final Construction Cost $ 2,606,850.64
Funding for the project is provided as follows:
This project came in under the adopted 2023 – 2024 budget.
American Rescue Plan Act: $3,000,000.00
Water Utility Funds: $1,529,246.00
IV. HISTORY AND FACTS BRIEF:
This Transmission Main project installed approximately 3,000 feet of 30-inch
and 24-inch water main from the West Pasco Water Treatment (WPWTP) Plant
to Pressure Zone 3 to create a more robust potable water system to existing
Page 42 of 200
and future customers.
The scope of work includes the installation of 30-inch pipe from the WPWTP
booster pump station to a point where the line splits into two 24-inch lines. The
first branch connects to existing water lines near the intersection of Broadmoor
Blvd. and St. Thomas Drive. The second branch crosses under I-182 through a
steel casing (installed by a previous project for this purpose) and connects to
the Harris Road extension through the Broadmoor Development area. The two
water main alignments allow the potable water system to be more robust than
a single delivery point into Pressure Zone 3 and for system redundancy.
This transmission main is critical to providing adequate service to future Zone 3
customers. It will provide for sufficient quantities of water to the existing and
proposed water storage reservoirs. This is a companion project to the West
Pasco Water 3 the and Zone (several project Expansion WTP phases)
Reservoir project and was first identified in the Water System Plan.
On November 7, 2022, Council awarded the Transmission Main – West Pasco
Water Treatment Plant (WPWTP) to Zone 3 contract (Resolution 4269) to Total
Site Services of Richland, WA in the amount of $2,611,438.23.
Since Construction began, the project required 3 Change Orders for a total of
$(4,587.61). The Change Orders addressed:
State sales tax increase from 8.7% to 8.9%.
Additional fittings and pipe to navigate Franklin PUD electrical vault, and
deduction of a casing that was not needed once area was excavated.
Removal of additional thrust block, locating a previously unknown utility,
repair of streetlight that was removed due to waterline shift, removal of
additional thrust block located in Broadmoor Blvd, Restocking fee for
remainder of pipe, Reconciliation of bid items.
Formal acceptance of public works projects is required by State law and starts
the 45-day period within which an outside vendor, supplier or laborer would
have an opportunity to file a claim against this project pursuant to RCW
60.28.011 (2). Upon completion of the 45-day lien filing period, retainage being
held by the City may be released upon receipts of the following:
An affidavit of no liens
A release from the Department of Revenue that all taxes have been paid
A release from any claims from the Department of Labor and Industries,
pursuant to RCW 60.28.051
V. DISCUSSION:
This item was presented to Council at the November 25, 2024, Workshop as a
discussion item.
Page 43 of 200
City Staff recommends approval of the resolution for the acceptance of the
Transmission Main – West Pasco Water Treatment Plant (WPWTP) to Zone 3
Project, as constructed by Total Site Services.
Page 44 of 200
Resolution - Transmission Main – WPWTP to Zone 3 Project Acceptance- 1
RESOLUTION NO. ________
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
ACCEPTING WORK PERFORMED BY TOTAL SITE SERVICES, LLC,
UNDER CONTRACT FOR THE TRANSMISSION MAIN – WEST PASCO
WATER TREATMENT PLANT (WPWTP) TO ZONE 3 PROJECT.
WHEREAS, the work performed by Total Site Services, LLC., under contract for Project
No. 21238 Transmission Main – West Pasco Water Treatment Plant (WPWTP) to Zone 3 has been
examined by City of Pasco (City) Staff and been found to be in apparent compliance with the
applicable project specifications and drawings; and
WHEREAS, it is the City Staff’s recommendation that the City of Pasco formally accept
the contractor's work and the project as complete.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City Council concurs with City Staff’s recommendation and thereby accepts the
work performed by Total Site Services, LLC., under contract for Project No. 21238 Transmission
Main – West Pasco Water Treatment Plant (WPWTP) to Zone 3 as being completed in apparent
compliance with the project specifications and drawings.
Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington
State Department of Revenue of this acceptance.
Be It Further Resolved, that the final payment of retainage being withheld, pursuant to
RCW 60.28.011, regulations and administrative process, shall be released upon apparent
compliance with and satisfaction of applicable project specifications and verification thereof by
Public Works Director and Finance Director.
Be It Further Resolved, that this Resolution shall take effect immediately.
Page 45 of 200
Resolution - Transmission Main – WPWTP to Zone 3 Project Acceptance- 2
PASSED by the City Council of the City of Pasco, Washington, on this ___ day of
November, 2024.
_____________________________
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, MMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 46 of 200
1/06/2025
Pasco City Council
Regular Meeting
Pa
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4
7
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2
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Transmission Main – West
Past Water Treatment Plant
(WPWTP) to Zone 3Project
Acceptance
1/06/2024
Pasco City Council
Pa
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2
0
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Zone 3 Transmission Main,
Project #21-238
3
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Zone 3 Transmission Main,
Project #21-238
4
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Zone 3 Transmission Main,
Project #21-238
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Zone 3 Transmission Main,
Project #21-238
6
CONSTRUCTION COSTS
$ 3,789,800.00Engineer’s Estimate
$ 2,611,438.25Bid Award
$ (4,587.61)Change Orders
$ 2,606,850.64Final Construction Cost
AmountDescriptionChange Order No.
$ 4,804.85State Sales Tax increase from 8.7% to 8.9%1
$ 51,614.38Additional fittings and pipe to navigate Franklin PUD electrical vault, and deduction of a casing that was
not needed once area was excavated.
2
$ (61,006.84)Removal of additional thrust block, locating a previously unknown utility, repair of streetlight that was
removed due to waterline shift, removal of additional thrust block located in Broadmoor Blvd,
Restocking fee for remainder of pipe, Reconciliation of bid items.
3
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AGENDA REPORT
FOR: City Council November 20, 2024
TO: Adam Lincoln, City Manager City Council Regular
Meeting: 1/6/25
FROM: Craig Raymond, Deputy Director
Community & Economic Development
SUBJECT: *Q Ordinance No. 4752 - Gisi Water Tower Apartments Rezone from C-
1 to R-4 (Z 2023-008) (5 minutes)
I. ATTACHMENT(S):
Ordinance
Exhibit A - Hearing Examiner Recommendation, Dated October 18, 2024
Exhibit B - Map
Staff Report and Information Packet to Hearing Examiner for Hearing on
October 9, 2024
City Council PowerPoint
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION:zoning the amending 4752, No. adopt to move I Ordinance
classification of certain real property located east of Road 76, west of Road 68,
south of Sandifur Parkway, and north Wrigley Drive, in Pasco, Franklin County,
Washington, from C-1, Retail Business to R-4, High Density Residential and,
further, authorize publication by summary only.
III. FISCAL IMPACT:
None.
IV. HISTORY AND FACTS BRIEF:
On October 9, 2024, the Hearing Examiner held a public hearing to consider a
request to rezone Lot 3 of Binding Site Plan 2019-03 (Parcel No. 116140050),
located east of Road 76, west of Road 68, south of Sandifur Parkway, and
north Wrigley Drive, Pasco, Franklin County, Washington from C-1, Retail
Business District, to R-4, High Density Residential District.
Following the conclusion of the public hearing, the Hearing Examiner
recommended approval of the Applicant's request for a rezone.
Page 54 of 200
No appeals of this recommendation have been received.
V. DISCUSSION:
Applicant Dennis Gisi submitted application Z 2023-008 to rezone Lot 3 of
Binding Site Plan 2019-03 (Parcel No. 116140050), located east of Road 76,
west of Road 68, south of Sandifur Parkway, and north Wrigley Drive, Pasco,
Franklin County, Washington from C-1, Retail Business District, to R-4, High
Density Residential District. The site comprises approximately 2.52 acres. The
underlying Comprehensive Plan Future Land Use designation is Mixed
Residential/Commercial.
The initial review criteria for considering a rezone application are explained in
the Pasco Municipal Code (PMC) Section 25.210.030. The criteria are listed
below as follows:
1. The date the existing zone became effective:
The Property was assigned RT zoning in 1981 via Ordinance No. 2388, and
subsequently rezoned from R-T, Residential Transition District, to C-1 in 2003
via Ordinance No. 3615.
2. The changed conditions, which are alleged to warrant other or additional
zoning:
Per the applicant, due to economic conditions, the best use of the property is
residential, not commercial.
3. Facts to justify the change on the basis of advancing the public health,
safety and general welfare:
The Mixed Residential/Commercial Comprehensive Plan Land Use designation
allows for R-1, R-2, R-3, R-4; C-1 and O zoning districts. High-Density
Residential development will add residential density to the City of Pasco,
potentially reducing urban sprawl and increasing housing stock.
The rezone application and proposal are consistent with the Council-approved
amendments to the Pasco Comprehensive Plan, which has been determined to
be in the best interest of advancing public health, safety and general welfare of
the community.
4. The effect it will have on the value and character of the adjacent property
and the Comprehensive Plan:
Per Applicant, If the property retains it's C-1 zoning designation the property
would be sold as the applicant does not construct or operate commercial
properties.
Page 55 of 200
5. The effect on the property owner or owners if the request is not granted:
The proposed development would not be permitted under the existing zoning
designation, creating inconsistencies between the adopted Comprehensive
Plan Future Land Use Map and development opportunities.
6. The Comprehensive Plan land use designation for the property:
The this Map Use Land designates Comprehensive Pasco of City Plan
Property as Mixed Residential/Commercial. The Mixed Residential/Commercial
Land housing, Use designation accommodates a diverse range of
nonresidential uses, commercial uses, neighborhood retail and office uses,
parks and recreation areas, and civic uses at a density of 5 to 29 dwelling units
per acre, and may be assigned R-1, R-2, R-3, R-4; C-1 and O zoning.
Per the PMC Section 25.215.015 maximum gross density of any proposed
development within any zoning district, expressed as dwelling units per acre,
shall be no less than the corresponding minimum density expressed in the
Comprehensive Plan land use density table, and no greater than the
corresponding maximum density expressed in the Comprehensive Plan land
use density table, except as provided in Chapter 25.161 PMC.
7. Such other information as the Hearing Examiner requires:
The rezone application is consistent with and meets the intent of the
Comprehensive Plan, and City Council Goals.
Full descriptions and details can be found in the attached 'Staff Report and
Information Packet to Hearing Examiner for Hearing on October 9, 2024.'
Recommendation--Hearing Examiner:
As noted in the attached 'Hearing Examiner Recommendation,' the Hearing
Examiner has found that the proposed rezone meets the criteria found in PMC
Section 25.210.060, and recommended, based on the Recommended Findings
of Fact and Conclusions of Law, that the City Council approve the rezone of
Parcel No. 116140050 from C-1 to R-4.
Page 56 of 200
Ordinance Rezone Z 2023-008 – Gisi Water Tower Apartments - 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,
AMENDING THE ZONING CLASSIFICATION OF CERTAIN REAL
PROPERTY LOCATED EAST OF ROAD 76, WEST OF ROAD 68, SOUTH OF
SANDIFUR PARKWAY, AND NORTH WRIGLEY DRIVE, IN PASCO,
FRANKLIN COUNTY, WASHINGTON, FROM C-1, RETAIL BUSINESS, TO
R-4, HIGH DENSITY RESIDENTIAL.
WHEREAS, Dennis Gisi, the petitioner seeks to rezone Parcel No. 116140050, located on
Road 76, Pasco, Washington; and
WHEREAS, a complete and adequate petition for change of zoning classification meeting
the requirements of Pasco Municipal Code (PMC) Section 25.210.030 was received by the City of
Pasco (City) and, after notice was issued under PMC Section 25.210.040, an open record hearing
was conducted by the Pasco Hearing Examiner upon such petition on October 9, 2024; and
WHEREAS, based upon substantial evidence and demonstration of the Petitioner that: (a)
the proposal is in accord with the goals and policies of the adopted Comprehensive Plan; (b) the
effect of the proposal on the immediate vicinity is not materially detrimental; (c) there is merit and
value in the proposal for the community as a whole; (d) any impacts of the rezone application and
anticipated development will be mitigated by t he regulations and requirements of the Pasco
Municipal Code and the City of Pasco Design and Constructions Standards; (e) a concomitant
agreement is not required under these circumstances; and (f) the proposal is consistent with and
satisfies all criteria in PMC Section 25.210.060; the Hearing Examiner has recommended to
approve the rezone, which findings and recommendation are hereby adopted by the City Council,
and the Hearing Examiner Report is hereby incorporated by reference as Exhibit A.
Page 57 of 200
Ordinance Rezone Z 2023-008 – Gisi Water Tower Apartments - 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. That the Zoning Ordinance for the City of Pasco, Washington, and the
Zoning Map, accompanying and being part of said Ordinance shall be and hereby is changed from
C-1, Retail Business, to R-4, High Density Residential, for the real property as shown in Exhibit
B attached hereto and described as follows:
BINDING SITE PLAN 2019-03 LOT 3
Section 2. 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 3. 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 4. 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 _____,
2025.
_____________________________
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Published: _____________________________
Page 58 of 200
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.
4.
LA
N
D
US
E
AN
D
ZO
N
I
N
G
:
Th
e
si
t
e
is
zo
n
e
d
01
(R
e
t
a
i
l
Bu
s
i
n
e
s
s
Di
s
t
r
i
c
t
)
an
d
is
va
c
a
n
t
.
Su
r
r
o
u
n
d
i
n
g
pr
o
p
e
r
t
i
e
s
ar
e
zo
n
e
d
an
d
de
v
e
l
o
p
e
d
as
fo
l
l
o
w
s
:
4.
1
.
No
r
t
h
:
01
Re
t
a
i
l
Bu
s
i
n
e
s
s
/
C
i
t
y
of
Pa
s
c
o
Wa
t
e
r
To
w
e
r
s
4.
2
.
Ea
s
t
:
C-
l
Re
t
a
i
l
Bu
s
i
n
e
s
s
/
C
o
m
m
e
r
c
i
a
l
Us
e
s
4.
3
.
So
u
t
h
:
C-
l
Re
t
a
i
l
Bu
s
i
n
e
s
s
t
Co
l
u
m
b
i
a
Li
b
r
a
r
y
4.
4
.
We
s
t
:
R—
l
Lo
w
De
n
s
i
t
y
Re
s
i
d
e
n
t
i
a
l
/
S
i
n
g
l
e
Fa
m
i
l
y
Dw
e
l
l
i
n
g
s
5.
Co
m
p
r
e
h
e
n
s
i
v
e
Pl
a
n
:
Th
e
Ci
t
y
of
Pa
s
c
o
Co
m
p
r
e
h
e
n
s
i
v
e
Pl
a
n
de
s
i
g
n
a
t
e
s
th
i
s
si
t
e
as
“M
i
x
e
d
Re
s
i
d
e
n
t
i
a
l
&
Co
m
m
e
r
c
i
a
l
.
”
Th
e
Mi
x
e
d
Re
s
i
d
e
n
t
i
a
l
&
Co
m
m
e
r
c
i
a
l
de
s
i
g
n
a
t
i
o
n
ac
c
o
m
m
o
d
a
t
e
s
a
di
v
e
r
s
e
ra
n
g
e
of
ho
u
s
i
n
g
,
no
n
r
e
s
i
d
e
n
t
i
a
l
us
e
s
,
co
m
m
e
r
c
i
a
l
us
e
s
,
ne
i
g
h
b
o
r
h
o
o
d
re
t
a
i
l
an
d
of
f
i
c
e
us
e
s
,
pa
r
k
s
an
d
re
c
r
e
a
t
i
o
n
ar
e
a
s
,
an
d
ci
v
i
c
us
e
s
at
a
de
n
s
i
t
y
of
5
to
29
dw
e
l
l
i
n
g
un
i
t
s
pe
r
ac
r
e
,
an
d
ma
y
be
as
s
i
g
n
e
d
R-
1,
R-
Z
,
R—
3
,
4-
4
,
C-
1
an
d
O
zo
n
i
n
g
.
Pe
r
PM
C
25
.
2
1
5
.
0
1
5
ma
x
i
m
u
m
gr
o
s
s
de
n
s
i
t
y
of
an
y
pr
o
p
o
s
e
d
de
v
e
l
o
p
m
e
n
t
wi
t
h
i
n
an
y
zo
n
i
n
g
di
s
t
r
i
c
t
,
de
t
a
i
l
e
d
as
dw
e
l
l
i
n
g
un
i
t
s
pe
r
ac
r
e
,
sh
a
l
l
be
no
le
s
s
th
a
n
th
e
co
r
r
e
s
p
o
n
d
i
n
g
mi
n
i
m
u
m
de
n
s
i
t
y
sh
o
w
n
in
th
e
Co
m
p
r
e
h
e
n
s
i
v
e
Pl
a
n
la
n
d
us
e
de
n
s
i
t
y
ta
b
l
e
,
an
d
no
6.
EN
V
I
R
O
N
M
E
N
T
A
L
DE
T
E
R
M
I
N
A
T
I
O
N
:
Th
e
Ci
t
y
of
Pa
s
c
o
is
th
e
le
a
d
ag
e
n
c
y
fo
r
th
i
s
pr
o
j
e
c
t
.
Ba
s
e
d
on
th
e
St
a
t
e
En
v
i
r
o
n
m
e
n
t
a
l
Po
l
i
c
y
Ac
t
(“
S
E
P
A
”
)
ch
e
c
k
l
i
s
t
,
Co
m
p
r
e
h
e
n
s
i
v
e
Pl
a
n
,
ap
p
l
i
c
a
b
l
e
re
g
u
l
a
t
i
o
n
s
,
an
d
ot
h
e
r
in
f
o
r
m
a
t
i
o
n
,
a
th
r
e
s
h
o
l
d
de
t
e
r
m
i
n
a
t
i
o
n
re
s
u
l
t
i
n
g
in
a
Mi
t
i
g
a
t
e
d
De
t
e
r
m
i
n
a
t
i
o
n
of
No
n
-
S
i
g
n
i
?
c
a
n
c
e
(M
D
N
S
)
fo
r
th
i
s
pr
o
j
e
c
t
wa
s
is
s
u
e
d
on
Se
p
t
e
m
b
e
r
16
,
20
2
4
,
un
d
e
r
WA
C
19
7
—
1
1
—
3
55
.
Z
20
2
3
-
0
0
8
Gi
s
i
Re
z
o
n
e
Pa
g
e
1
of
5
Page 59 of 200
7.
Ap
p
l
i
c
a
n
t
De
n
n
i
s
Gi
s
i
wi
s
h
e
s
to
re
z
o
n
e
Lo
t
3
of
Bi
n
d
i
n
g
Si
t
e
Pl
a
n
20
1
9
—
0
3
,
lo
c
a
t
e
d
at
Pa
r
c
e
l
11
6
1
4
0
0
5
0
in
Pa
s
c
o
,
WA
99
3
0
1
fr
o
m
C-
l
(R
e
t
a
i
l
Bu
s
i
n
e
s
s
)
to
R—
4
(H
i
g
h
-
D
e
n
s
i
t
y
Re
s
i
d
e
n
t
i
a
l
)
.
Th
e
si
t
e
co
m
p
r
i
s
e
s
ap
p
r
o
x
i
m
a
t
e
l
y
2.
5
2
ac
r
e
s
(a
p
p
r
o
x
i
m
a
t
e
l
y
10
9
,
8
0
0
sq
u
a
r
e
fe
e
t
)
.
8.
Th
e
un
d
e
r
l
y
i
n
g
La
n
d
Us
e
Co
d
e
ha
s
re
c
e
n
t
l
y
be
e
n
am
e
n
d
e
d
to
“M
i
x
e
d
Re
s
i
d
e
n
t
i
a
l
&
Co
m
m
e
r
c
i
a
l
,
”
wh
i
c
h
sp
e
c
i
?
e
s
5
to
29
dw
e
l
l
i
n
g
un
i
t
s
(D
U
)
pe
r
ac
r
e
.
9.
Th
e
si
t
e
wa
s
pl
a
t
t
e
d
in
20
1
9
,
as
pa
r
t
of
Bi
n
d
i
n
g
Si
t
e
Pl
a
n
20
1
9
-
0
3
.
Th
e
si
t
e
wa
s
as
s
i
g
n
e
d
RT
zo
n
i
n
g
in
19
8
1
vi
a
Or
d
i
n
a
n
c
e
23
8
8
an
d
su
b
s
e
q
u
e
n
t
l
y
re
z
o
n
e
d
fr
o
m
RT
(R
e
s
i
d
e
n
t
i
a
l
Tr
a
n
s
i
t
i
o
n
)
to
C-
1
in
20
0
3
vi
a
Or
d
i
n
a
n
c
e
36
1
5
.
Th
e
si
t
e
ha
s
ne
v
e
r
be
e
n
de
v
e
l
o
p
e
d
an
d
is
cu
r
r
e
n
t
l
y
va
c
a
n
t
.
10
.
Re
z
o
n
e
Cr
i
t
e
r
i
a
:
Th
e
in
i
t
i
a
l
re
v
i
e
w
cr
i
t
e
r
i
a
fo
r
co
n
s
i
d
e
r
i
n
g
a
re
z
o
n
e
ap
p
l
i
c
a
t
i
o
n
ar
e
ex
p
l
a
i
n
e
d
in
PM
C
25
.
2
1
0
.
0
3
0
.
Th
e
cr
i
t
e
r
i
a
ar
e
li
s
t
e
d
be
l
o
w
as
fo
l
l
o
w
s
:
10
.
1
.
Th
e
da
t
e
th
e
ex
i
s
t
i
n
g
zo
n
e
be
c
a
m
e
ef
f
e
c
t
i
v
e
:
10
.
1
.
1
.
Th
e
si
t
e
wa
s
as
s
i
g
n
e
d
RT
zo
n
i
n
g
in
19
8
1
vi
a
Or
d
i
n
a
n
c
e
23
8
8
an
d
su
b
s
e
q
u
e
n
t
l
y
re
z
o
n
e
d
to
C—
1
in
20
0
3
vi
a
Or
d
i
n
a
n
c
e
36
1
5
.
10
.
2
.
Th
e
ch
a
n
g
e
d
co
n
d
i
t
i
o
n
s
,
wh
i
c
h
ar
e
al
l
e
g
e
d
to
wa
r
r
a
n
t
ot
h
e
r
or
ad
d
i
t
i
o
n
a
l
zo
n
i
n
g
:
10
.
2
.
1
.
Pe
r
th
e
ap
p
l
i
c
a
n
t
,
du
e
to
ec
o
n
o
m
i
c
co
n
d
i
t
i
o
n
s
,
th
e
be
s
t
us
e
of
th
e
pr
o
p
e
r
t
y
is
re
s
i
d
e
n
t
i
a
l
,
no
t
co
m
m
e
r
c
i
a
l
.
10
.
3
.
Fa
c
t
s
to
ju
s
t
i
f
y
th
e
ch
a
n
g
e
on
th
e
ba
s
i
s
of
ad
v
a
n
c
i
n
g
th
e
pu
b
l
i
c
he
a
l
t
h
,
sa
f
e
t
y
an
d
ge
n
e
r
a
l
we
l
f
a
r
e
:
10
.
3
.
1
.
Th
e
Mi
x
e
d
Re
s
i
d
e
n
t
i
a
l
&
Co
m
m
e
r
c
i
a
l
de
s
i
g
n
a
t
i
o
n
al
l
o
w
s
fo
r
R-
l
,
R-
2
,
R-
3
,
R—
4
;
C-
1
an
d
O
zo
n
i
n
g
;
de
v
e
l
o
p
m
e
n
t
wi
t
h
Hi
g
h
-
D
e
n
s
i
t
y
Re
s
i
d
e
n
t
i
a
l
wi
l
l
ad
d
an
d
in
c
r
e
a
s
e
de
n
s
i
t
y
wh
i
c
h
wi
l
l
he
l
p
re
d
u
c
e
ur
b
a
n
sp
r
a
w
l
an
d
in
c
r
e
a
s
e
ho
m
e
ow
n
e
r
s
h
i
p
.
10
.
3
.
2
.
Th
e
re
z
o
n
e
ap
p
l
i
c
a
t
i
o
n
an
d
pr
o
p
o
s
a
l
ar
e
co
n
s
i
s
t
e
n
t
wi
t
h
th
e
Co
u
n
c
i
l
-
a
p
p
r
o
v
e
d
am
e
n
d
m
e
n
t
s
to
th
e
Pa
s
c
o
Co
m
p
r
e
h
e
n
s
i
v
e
Pl
a
n
,
wh
i
c
h
ha
s
be
e
n
de
t
e
r
m
i
n
e
d
to
be
in
th
e
be
s
t
in
t
e
r
e
s
t
of
ad
v
a
n
c
i
n
g
pu
b
l
i
c
he
a
l
t
h
,
sa
f
e
t
y
an
d
ge
n
e
r
a
l
we
l
f
a
r
e
of
th
e
co
m
m
u
n
i
t
y
.
10
.
4
.
Th
e
ef
f
e
c
t
it
wi
l
l
ha
v
e
on
th
e
va
l
u
e
an
d
ch
a
r
a
c
t
e
r
of
th
e
ad
j
a
c
e
n
t
pr
o
p
e
r
t
y
an
d
th
e
Co
m
p
r
e
h
e
n
s
i
v
e
Pl
a
n
:
10
.
4
.
]
.
A
ch
a
n
g
e
in
zo
n
i
n
g
wo
u
l
d
be
co
n
s
i
s
t
e
n
t
wi
t
h
th
e
co
m
p
r
e
h
e
n
s
i
v
e
pl
a
n
La
n
d
Us
e
Ma
p
Mi
x
e
d
Re
s
i
d
e
n
t
i
a
l
&
Co
m
m
e
r
c
i
a
l
de
s
i
g
n
a
t
i
o
n
fo
r
th
e
si
t
e
.
Th
e
si
t
e
ha
s
be
e
n
su
b
j
e
c
t
to
at
le
a
s
t
tw
o
Co
d
e
En
f
o
r
c
e
m
e
n
t
ca
s
e
s
re
l
a
t
e
d
to
ma
i
n
t
e
n
a
n
c
e
,
de
v
e
l
o
p
m
e
n
t
of
th
e
si
t
e
wo
u
l
d
im
p
r
o
v
e
th
e
va
l
u
e
an
d
ch
a
r
a
c
t
e
r
of
th
e
ad
j
a
c
e
n
t
pr
o
p
e
r
t
i
e
s
.
10
.
5
.
Th
e
ef
f
e
c
t
on
th
e
pr
o
p
e
r
t
y
ow
n
e
r
or
ow
n
e
r
s
if
th
e
re
q
u
e
s
t
is
no
t
gr
a
n
t
e
d
:
10
.
5
.
1
.
Pe
r
Ap
p
l
i
c
a
n
t
,
If
th
e
pr
o
p
e
r
t
y
re
m
a
i
n
s
wi
t
h
th
e
cu
r
r
e
n
t
01
zo
n
i
n
g
de
s
i
g
n
a
t
i
o
n
th
e
pr
o
p
e
r
t
y
wo
u
l
d
be
so
l
d
as
th
e
ap
p
l
i
c
a
n
t
do
e
s
no
t
co
n
s
t
r
u
c
t
or
op
e
r
a
t
e
co
m
m
e
r
c
i
a
l
pr
o
p
e
r
t
i
e
s
.
10
.
6
.
Th
e
Co
m
p
r
e
h
e
n
s
i
v
e
Pl
a
n
la
n
d
us
e
de
s
i
g
n
a
t
i
o
n
fo
r
th
e
pr
o
p
e
r
t
y
:
10
.
6
.
1
.
Th
e
Ci
t
y
of
Pa
s
c
o
Co
m
p
r
e
h
e
n
s
i
v
e
Pl
a
n
de
s
i
g
n
a
t
e
s
th
i
s
si
t
e
as
“M
i
x
e
d
Re
s
i
d
e
n
t
i
a
l
&
ra
n
g
e
of
ho
u
s
i
n
g
,
no
n
r
e
s
i
d
e
n
t
i
a
l
us
e
s
,
co
m
m
e
r
c
i
a
l
us
e
s
,
ne
i
g
h
b
o
r
h
o
o
d
re
t
a
i
l
an
d
o?
i
c
e
us
e
s
,
pa
r
k
s
an
d
re
c
r
e
a
t
i
o
n
ar
e
a
s
,
an
d
ci
v
i
c
us
e
s
at
a
de
n
s
i
t
y
of
5
to
29
dw
e
l
l
i
n
g
un
i
t
s
pe
r
ac
r
e
,
an
d
ma
y
be
as
s
i
g
n
e
d
R—
l
,
R-
2
,
R—
3
,
R—
4
;
C-
1
an
d
O
zo
n
i
n
g
.
10
.
6
.
2
.
Pe
r
PM
C
25
.
2
1
5
.0
1
5
ma
x
i
m
u
m
gr
o
s
s
de
n
s
i
t
y
of
an
y
pr
o
p
o
s
e
d
de
v
e
l
o
p
m
e
n
t
wi
t
h
i
n
an
y
zo
n
i
n
g
di
s
t
r
i
c
t
,
ex
p
r
e
s
s
e
d
as
dw
e
l
l
i
n
g
un
i
t
s
pe
r
ac
r
e
,
sh
a
l
l
be
no
le
s
s
th
a
n
th
e
co
r
r
e
s
p
o
n
d
i
n
g
Z
20
2
3
-
0
0
8
Gi
s
i
Re
z
o
n
e
Pa
g
e
2
of
5
Page 60 of 200
mi
n
i
m
u
m
de
n
s
i
t
y
ex
p
r
e
s
s
e
d
in
th
e
Co
m
p
r
e
h
e
n
s
i
v
e
Pl
a
n
la
n
d
us
e
de
n
s
i
t
y
ta
b
l
e
,
an
d
no
gr
e
a
t
e
r
th
a
n
th
e
co
r
r
e
s
p
o
n
d
i
n
g
ma
x
i
m
u
m
de
n
s
i
t
y
ex
p
r
e
s
s
e
d
in
th
e
Co
m
p
r
e
h
e
n
s
i
v
e
Pl
a
n
la
n
d
us
e
de
n
s
i
t
y
ta
b
l
e
,
ex
c
e
p
t
as
pr
o
v
i
d
e
d
in
Ch
a
p
t
e
r
25
.
1
6
1
PM
C
.
10
.
7
.
Su
c
h
ot
h
e
r
in
f
o
r
m
a
t
i
o
n
as
th
e
He
a
r
i
n
g
Ex
a
m
i
n
e
r
re
q
u
i
r
e
s
:
10
.
7
.
1
.
Th
e
re
z
o
n
e
ap
p
l
i
c
a
t
i
o
n
is
co
n
s
i
s
t
e
n
t
wi
t
h
an
d
me
e
t
s
th
e
in
t
e
n
t
of
th
e
Co
m
p
r
e
h
e
n
s
i
v
e
Pl
a
n
,
an
d
Ci
t
y
Co
u
n
c
i
l
Go
a
l
s
.
11
.
Fi
n
d
i
n
g
s
of
fa
c
t
mu
s
t
be
en
t
e
r
e
d
fr
o
m
th
e
re
c
o
r
d
.
Th
e
fo
l
l
o
w
i
n
g
ar
e
in
i
t
i
a
l
?n
d
i
n
g
s
dr
a
w
n
fr
o
m
th
e
ba
c
k
g
r
o
u
n
d
an
d
an
a
l
y
s
i
s
se
c
t
i
o
n
of
th
e
st
a
f
f
re
p
o
r
t
.
Th
e
He
a
r
i
n
g
Ex
a
m
i
n
e
r
ma
y
ad
d
ad
d
i
t
i
o
n
a
l
?n
d
i
n
g
s
to
th
i
s
li
s
t
i
n
g
as
th
e
re
s
u
l
t
of
fa
c
t
u
a
l
te
s
t
i
m
o
n
y
an
d
ev
i
d
e
n
c
e
su
b
m
i
t
t
e
d
du
r
i
n
g
th
e
op
e
n
re
c
o
r
d
he
a
r
i
n
g
.
11
.
1
.
Pu
b
l
i
c
no
t
i
c
e
of
th
i
s
he
a
r
i
n
g
wa
s
se
n
t
to
pr
o
p
e
r
t
y
ow
n
e
r
s
wi
t
h
i
n
30
0
fe
e
t
of
th
e
pr
o
p
e
r
t
y
,
po
s
t
e
d
in
th
e
Tr
i
-
C
i
t
y
He
r
a
l
d
,
an
d
po
s
t
e
d
on
-
s
i
t
e
on
Se
p
t
e
m
b
e
r
25
,
20
2
4
.
11
.
2
.
Ap
p
l
i
c
a
n
t
wi
s
h
e
s
to
re
z
o
n
e
Pa
r
c
e
l
11
6
—
1
4
0
-
0
5
0
fr
o
m
C-
l
(R
e
t
a
i
l
Bu
s
i
n
e
s
s
)
to
R-
4
(H
i
g
h
-
De
n
s
i
t
y
Re
s
i
d
e
n
t
i
a
l
)
.
11
.
3
.
Th
e
si
t
e
co
m
p
r
i
s
e
s
ap
p
r
o
x
i
m
a
t
e
l
y
2.
5
2
ac
r
e
s
(a
p
p
r
o
x
i
m
a
t
e
l
y
10
9
,
8
0
0
sq
u
a
r
e
fe
e
t
)
.
11
.
4
.
Th
e
un
d
e
r
l
y
i
n
g
La
n
d
Us
e
co
d
e
sp
e
c
i
?
e
s
5
to
29
dw
e
l
l
i
n
g
un
i
t
s
(D
U
)
pe
r
ac
r
e
.
11
.
5
.
Th
e
si
t
e
wa
s
pl
a
t
t
e
d
mo
s
t
re
c
e
n
t
l
y
in
20
1
9
,
as
pa
r
t
of
Bi
n
d
i
n
g
Si
t
e
Pl
a
n
20
1
9
-
0
3
.
11
.
6
.
Th
e
si
t
e
wa
s
as
s
i
g
n
e
d
C-
l
zo
n
i
n
g
in
20
0
3
vi
a
Or
d
i
n
a
n
c
e
s
36
1
5
.
11
.
7
.
Th
e
Ci
t
y
’
s
20
1
8
-
2
0
3
8
Co
m
p
r
e
h
e
n
s
i
v
e
Pl
a
n
La
n
d
Us
e
Ma
p
de
s
i
g
n
a
t
e
s
th
e
si
t
e
as
“M
i
x
e
d
Re
s
i
d
e
n
t
i
a
l
&
Co
m
m
e
r
c
i
a
l
”
.
11
.
8
.
Th
e
“M
i
x
e
d
Re
s
i
d
e
n
t
i
a
l
an
d
Co
m
m
e
r
c
i
a
l
”
de
s
i
g
n
a
t
i
o
n
ma
y
be
de
v
e
l
o
p
e
d
wi
t
h
a
co
m
b
i
n
a
t
i
o
n
of
si
n
g
l
e
-
f
a
m
i
l
y
dw
e
l
l
i
n
g
s
,
pa
t
i
o
ho
m
e
s
,
to
w
n
h
o
u
s
e
s
,
an
d
co
n
d
o
m
i
n
i
u
m
s
.
12
.
Be
f
o
r
e
re
c
o
m
m
e
n
d
i
n
g
ap
p
r
o
v
a
l
or
de
n
i
a
l
of
a
re
z
o
n
e
,
th
e
He
a
r
i
n
g
Ex
a
m
i
n
e
r
mu
s
t
de
v
e
l
o
p
?n
d
i
n
g
s
of
fa
c
t
fr
o
m
wh
i
c
h
to
dr
a
w
it
s
co
n
c
l
u
s
i
o
n
s
ba
s
e
d
up
o
n
th
e
cr
i
t
e
r
i
a
li
s
t
e
d
in
PM
C
25
21
0
.
0
6
0
.
Th
e
cr
i
t
e
r
i
a
ar
e
as
fo
l
l
o
w
s
:
12
.
1
.
Th
e
pr
o
p
o
s
a
l
is
in
ac
c
o
r
d
a
n
c
e
wi
t
h
th
e
go
a
l
s
an
d
po
l
i
c
i
e
s
of
th
e
Co
m
p
r
e
h
e
n
s
i
v
e
Pl
a
n
.
12
.
1
.
1
.
Th
e
La
n
d
Us
e
El
e
m
e
n
t
of
th
e
Co
m
p
r
e
h
e
n
s
i
v
e
Pl
a
n
de
s
i
g
n
a
t
e
s
th
e
lo
t
“M
i
x
e
d
Re
s
i
d
e
n
t
i
a
l
an
d
Co
m
m
e
r
c
i
a
l
.
”
A
ch
a
n
g
e
in
zo
n
i
n
g
wo
u
l
d
be
co
n
s
i
s
t
e
n
t
wi
t
h
th
e
co
m
p
r
e
h
e
n
s
i
v
e
pl
a
n
La
n
d
Us
e
Ma
p
de
s
i
g
n
a
t
i
o
n
fo
r
th
e
si
t
e
an
d
co
u
l
d
fu
r
t
h
e
r
th
e
go
a
l
s
an
d
po
l
i
c
i
e
s
of
th
e
Co
m
p
r
e
h
e
n
s
i
v
e
Pl
a
n
su
c
h
as
:
12
.
1
.
1
.
1
.
Ho
u
s
i
n
g
Po
l
i
c
y
H-
1
-
A
:
Al
l
o
w
fo
r
a
fu
l
l
ra
n
g
e
of
ho
u
s
i
n
g
in
c
l
u
d
i
n
g
si
n
g
l
e
fa
m
i
l
y
ho
m
e
s
,
to
w
n
h
o
u
s
e
s
,
co
n
d
o
m
i
n
i
u
m
s
,
ap
a
r
t
m
e
n
t
s
,
an
d
ma
n
u
f
a
c
t
u
r
e
d
ho
u
s
i
n
g
,
ac
c
e
s
s
o
r
y
dw
e
l
l
i
n
g
un
i
t
s
,
ze
r
o
lo
t
li
n
e
,
pl
a
n
n
e
d
un
i
t
de
v
e
l
o
p
m
e
n
t
s
et
c
.
Th
e
cu
r
r
e
n
t
zo
n
i
n
g
on
l
y
al
l
o
w
s
fo
r
a
sp
e
c
i
?
c
ty
p
e
of
de
v
e
l
o
p
m
e
n
t
,
C-
1
us
e
s
on
a
ma
i
n
?o
o
r
wi
t
h
re
s
i
d
e
n
t
i
a
l
un
i
t
s
ab
o
v
e
an
d
mu
s
t
be
ap
p
r
o
v
e
d
th
r
o
u
g
h
a
sp
e
c
i
a
l
pe
r
m
i
t
.
A
re
z
o
n
e
to
R—
3
wo
u
l
d
al
l
o
w
fo
r
a
va
r
i
e
t
y
of
ho
u
s
i
n
g
ty
p
e
s
in
c
l
u
d
i
n
g
al
l
th
o
s
e
li
s
t
e
d
in
th
i
s
po
l
i
c
y
.
an
d
ne
i
g
h
b
o
r
h
o
o
d
or
co
m
m
u
n
i
t
y
sh
o
p
p
i
n
g
fa
c
i
l
i
t
i
e
s
an
d
em
p
l
o
y
m
e
n
t
ar
e
a
s
.
Th
e
pr
o
p
o
s
e
d
re
z
o
n
e
co
u
l
d
ma
k
e
it
ea
s
i
e
r
to
de
v
e
l
o
p
th
e
la
n
d
to
th
e
re
q
u
i
r
e
d
de
n
s
i
t
y
of
th
e
Co
m
p
r
e
h
e
n
s
i
v
e
Pl
a
n
an
d
th
e
pr
o
p
e
r
t
y
is
ap
p
r
o
x
i
m
a
t
e
l
y
0.
1
mi
l
e
s
fr
o
m
Sa
n
d
i
f
u
r
Pa
r
k
w
a
y
to
th
e
no
r
t
h
an
d
0.
1
mi
l
e
s
fr
o
m
Ro
a
d
68
to
th
e
ea
s
t
.
Si
g
n
i
?
c
a
n
t
po
r
t
i
o
n
s
of
la
n
d
to
th
e
so
u
t
h
,
no
r
t
h
an
d
ea
s
t
ar
e
zo
n
e
d
an
d
de
s
i
g
n
a
t
e
d
fo
r
st
r
i
c
t
l
y
co
m
m
e
r
c
i
a
l
us
e
s
,
th
e
pr
o
p
o
s
a
l
co
u
l
d
al
l
o
w
fo
r
hi
g
h
e
r
de
n
s
i
t
y
de
v
e
l
o
p
m
e
n
t
ad
j
a
c
e
n
t
to
th
e
s
e
us
e
s
.
Z
20
2
3
-
0
0
8
Gi
s
i
Re
z
o
n
e
Pa
g
e
3
of
5
Page 61 of 200
12
.
1
.
1
.
3
.
La
n
d
Us
e
Po
l
i
c
y
LU
-
4
-
B
:
En
c
o
u
r
a
g
e
in
?
l
l
an
d
hi
g
h
e
r
de
n
s
i
t
y
us
e
s
wi
t
h
i
n
pr
o
x
i
m
i
t
y
to
ma
j
o
r
tr
a
v
e
l
co
r
r
i
d
o
r
s
an
d
pu
b
l
i
c
tr
a
n
s
p
o
r
t
a
t
i
o
n
se
r
v
i
c
e
ar
e
a
s
.
Th
e
pr
o
p
o
s
a
l
is
lo
c
a
t
e
d
in
cl
o
s
e
pr
o
x
i
m
i
t
y
to
bo
t
h
Sa
n
d
i
f
u
r
Pa
r
k
w
a
y
an
d
Ro
a
d
68
wh
i
c
h
ar
e
cl
a
s
s
i
?
e
d
as
ar
t
e
r
i
a
l
ro
a
d
s
.
Th
e
pr
o
p
o
s
e
d
re
z
o
n
e
ma
y
pr
o
v
i
d
e
av
e
n
u
e
s
fo
r
de
v
e
l
o
p
m
e
n
t
at
a
hi
g
h
e
r
de
n
s
i
t
y
th
a
n
un
d
e
r
th
e
cu
r
r
e
n
t
zo
n
i
n
g
de
s
i
g
n
a
t
i
o
n
.
12
.
2
.
Th
e
ef
f
e
c
t
of
th
e
pr
o
p
o
s
a
l
on
th
e
im
m
e
d
i
a
t
e
vi
c
i
n
i
t
y
wi
l
l
no
t
be
ma
t
e
r
i
a
l
l
y
de
t
r
i
m
e
n
t
a
l
.
12
.
2
.
1
.
Th
i
s
ap
p
l
i
c
a
t
i
o
n
fo
r
re
z
o
n
e
is
co
n
s
i
s
t
e
n
t
wi
t
h
th
e
Co
m
p
r
e
h
e
n
s
i
v
e
Pl
a
n
La
n
d
Us
e
El
e
m
e
n
t
an
d
me
e
t
s
th
e
in
t
e
n
t
of
th
e
Go
a
l
s
an
d
Po
l
i
c
i
e
s
fo
r
th
e
pr
o
p
e
r
t
y
.
A
de
v
e
l
o
p
m
e
n
t
ac
t
i
o
n
af
f
e
c
t
i
n
g
th
e
si
t
e
wo
u
l
d
be
su
b
j
e
c
t
to
th
e
St
a
t
e
En
v
i
r
o
n
m
e
n
t
a
l
Po
l
i
c
y
Ac
t
(S
E
P
A
)
an
d
im
p
a
c
t
s
to
th
e
na
t
u
r
a
l
an
d
bu
i
l
t
en
v
i
r
o
n
m
e
n
t
,
in
c
l
u
d
i
n
g
ne
i
g
h
b
o
r
i
n
g
pr
o
p
e
r
t
i
e
s
,
wo
u
l
d
be
co
n
s
i
d
e
r
e
d
an
d
mi
t
i
g
a
t
e
d
th
r
o
u
g
h
th
e
SE
P
A
pr
o
c
e
s
s
.
12
.
3
.
Th
e
r
e
is
me
r
i
t
an
d
va
l
u
e
in
th
e
pr
o
p
o
s
a
l
fo
r
th
e
co
m
m
u
n
i
t
y
as
a
wh
o
l
e
.
12
.
3
.
1
.
Th
e
pr
o
p
o
s
e
d
zo
n
i
n
g
de
s
i
g
n
a
t
i
o
n
is
co
n
s
i
s
t
e
n
t
wi
t
h
th
e
Co
m
p
r
e
h
e
n
s
i
v
e
Pl
a
n
La
n
d
Us
e
Ma
p
an
d
th
e
Go
a
l
s
an
d
Po
l
i
c
i
e
s
as
ad
o
p
t
e
d
by
th
e
Pa
s
c
o
Ci
t
y
Co
u
n
c
i
l
.
Th
e
pr
o
p
o
s
a
l
in
c
l
u
d
e
s
in
?
l
l
de
v
e
l
o
p
m
e
n
t
an
d
pr
o
m
o
t
e
s
th
e
go
a
l
s
of
th
e
Mi
x
e
d
Re
s
i
d
e
n
t
i
a
l
&
Co
m
m
e
r
c
i
a
l
La
n
d
Us
e
Ma
p
De
s
i
g
n
a
t
i
o
n
.
12
.
4
.
Co
n
d
i
t
i
o
n
s
sh
o
u
l
d
be
im
p
o
s
e
d
in
or
d
e
r
to
mi
t
i
g
a
t
e
an
y
si
g
n
i
?
c
a
n
t
ad
v
e
r
s
e
im
p
a
c
t
s
fr
o
m
th
e
pr
o
p
o
s
a
l
.
12
.
4
.
1
.
1
.
Th
e
re
z
o
n
e
ap
p
l
i
c
a
t
i
o
n
an
d
an
t
i
c
i
p
a
t
e
d
pr
o
j
e
c
t
ar
e
su
b
j
e
c
t
to
th
e
re
g
u
l
a
t
i
o
n
s
an
d
re
q
u
i
r
e
m
e
n
t
s
of
th
e
Pa
s
c
o
Mu
n
i
c
i
p
a
l
Co
d
e
an
d
th
e
Ci
t
y
of
Pa
s
c
o
De
s
i
g
n
an
d
Co
n
s
t
r
u
c
t
i
o
n
St
a
n
d
a
r
d
s
.
As
su
c
h
,
no
co
n
d
i
t
i
o
n
s
sh
o
u
l
d
be
im
p
o
s
e
d
;
an
y
fu
t
u
r
e
de
v
e
l
o
p
m
e
n
t
wi
l
l
be
ev
a
l
u
a
t
e
d
fo
r
si
g
n
i
?
c
a
n
t
ad
v
e
r
s
e
im
p
a
c
t
s
at
th
e
ti
m
e
of
a
de
v
e
l
o
p
m
e
n
t
ap
p
l
i
c
a
t
i
o
n
,
wh
i
c
h
wi
l
l
al
s
o
be
su
b
j
e
c
t
to
re
v
i
e
w
un
d
e
r
th
e
St
a
t
e
En
v
i
r
o
n
m
e
n
t
a
l
Po
l
i
c
y
Ac
t
(S
E
P
A
)
.
12
.
5
.
A
Co
n
c
o
m
i
t
a
n
t
Ag
r
e
e
m
e
n
t
sh
o
u
l
d
be
en
t
e
r
e
d
in
t
o
be
t
w
e
e
n
th
e
Ci
t
y
an
d
th
e
pe
t
i
t
i
o
n
e
r
,
an
d
if
so
,
th
e
te
r
m
s
an
d
co
n
d
i
t
i
o
n
s
of
su
c
h
an
ag
r
e
e
m
e
n
t
.
12
.
5
.
1
.
No
Co
n
c
o
m
i
t
a
n
t
Ag
r
e
e
m
e
n
t
is
co
n
s
i
d
e
r
e
d
ne
c
e
s
s
a
r
y
fo
r
th
i
s
ap
p
l
i
c
a
t
i
o
n
.
13
.
An
op
e
n
re
c
o
r
d
pu
b
l
i
c
he
a
r
i
n
g
wa
s
he
l
d
,
a?
e
r
le
g
a
l
no
t
i
c
e
,
on
Oc
t
o
b
e
r
9,
20
2
4
.
14
.
Th
e
ap
p
l
i
c
a
n
t
di
d
no
t
ap
p
e
a
r
at
th
e
he
a
r
i
n
g
.
Th
e
ap
p
l
i
c
a
n
t
wa
s
gi
v
e
n
no
t
i
c
e
of
th
e
da
t
e
,
pl
a
c
e
,
an
d
ti
m
e
of
th
e
he
a
r
i
n
g
.
15
.
No
me
m
b
e
r
of
th
e
pu
b
l
i
c
te
s
t
i
?
e
d
at
th
e
he
a
r
i
n
g
.
16
.
Th
e
fo
l
l
o
w
i
n
g
ex
h
i
b
i
t
s
we
r
e
ad
m
i
t
t
e
d
in
t
o
th
e
re
c
o
r
d
:
16
.
1
.
Ex
.
1
Re
z
o
n
e
Ap
p
l
i
c
a
t
i
o
n
—
Ap
p
l
i
c
a
n
t
Su
b
m
i
t
t
a
l
16
.
2
.
Ex
.
2
Si
t
e
Pl
a
n
s
—A
p
p
l
i
c
a
n
t
Su
b
m
i
t
t
a
l
16
.
3
.
Ex
.
3
Ov
e
r
v
i
e
w
Ma
p
—
Ci
t
y
of
Pa
s
c
o
—
16
.
5
.
Ex
.
5
Zo
n
i
n
g
Ma
p
—
Ci
t
y
of
Pa
s
c
o
16
.
6
.
Ex
.
6
Co
m
p
r
e
h
e
n
s
i
v
e
Pl
a
n
Ma
p
—
Ci
t
y
of
Pa
s
c
o
16
.
7
.
Ex
.
7
Si
t
e
Ph
o
t
o
s
-—
Ci
t
y
of
Pa
s
c
o
16
.
8
.
Ex
.
8
SE
P
A
De
t
e
r
m
i
n
a
t
i
o
n
——
Ci
t
y
of
Pa
s
c
o
Z
20
2
3
-
0
0
8
Gi
s
i
Re
z
o
n
e
Pa
g
e
4
of
5
Page 62 of 200
16
.
9
.
Ex
.
9
Af
f
i
d
a
v
i
t
of
Ma
i
l
i
n
g
—
Ci
t
y
of
Pa
s
c
o
16
.
1
0
.
Ex
.
10
Af
?
d
a
v
i
t
of
Po
s
t
i
n
g
—
Ci
t
y
of
Pa
s
c
o
16
.
1
1
.
Ex
.
11
St
a
f
f
Re
p
o
r
t
17
.
Th
e
Ci
t
y
of
Pa
s
c
o
He
a
r
i
n
g
Ex
a
m
i
n
e
r
co
n
s
i
d
e
r
e
d
al
l
ev
i
d
e
n
c
e
wi
t
h
i
n
th
e
re
c
o
r
d
in
re
n
d
e
r
i
n
g
th
i
s
de
c
i
s
i
o
n
.
18
.
An
y
Co
n
c
l
u
s
i
o
n
of
La
w
th
a
t
is
mo
r
e
co
r
r
e
c
t
l
y
a
Fi
n
d
i
n
g
of
Fa
c
t
is
he
r
e
b
y
in
c
o
r
p
o
r
a
t
e
d
as
su
c
h
by
th
i
s
re
f
e
r
e
n
c
e
.
II
.
RE
C
O
M
M
E
N
D
E
D
CO
N
C
L
U
S
I
O
N
S
OF
LA
W
1.
Th
e
He
a
r
i
n
g
Ex
a
m
i
n
e
r
ha
s
be
e
n
gr
a
n
t
e
d
th
e
au
t
h
o
r
i
t
y
to
re
n
d
e
r
th
i
s
de
c
i
s
i
o
n
.
2.
As
co
n
d
i
t
i
o
n
e
d
,
th
i
s
pr
o
j
e
c
t
is
co
n
s
i
s
t
e
n
t
wi
t
h
th
e
Pa
s
c
o
Co
m
p
r
e
h
e
n
s
i
v
e
Pl
a
n
an
d
Pa
s
c
o
Mu
n
i
c
i
p
a
l
Co
d
e
.
3.
An
y
Fi
n
d
i
n
g
of
Fa
c
t
th
a
t
is
mo
r
e
co
r
r
e
c
t
l
y
a
Co
n
c
l
u
s
i
o
n
of
La
w
is
he
r
e
b
y
in
c
o
r
p
o
r
a
t
e
d
as
su
c
h
by
th
i
s
re
f
e
r
e
n
c
e
.
11
1
.
RE
C
O
M
M
E
N
D
E
D
DE
C
I
S
I
O
N
Ba
s
e
d
on
th
e
ab
o
v
e
Re
c
o
m
m
e
n
d
e
d
Fi
n
d
i
n
g
s
of
Fa
c
t
an
d
Re
c
o
m
m
e
n
d
e
d
Co
n
c
l
u
s
i
o
n
s
of
La
w
,
th
e
He
a
r
i
n
g
Ex
a
m
i
n
e
r
he
r
e
b
y
re
c
o
m
m
e
n
d
s
to
th
e
Pa
s
c
o
Ci
t
y
Co
u
n
c
i
l
to
re
z
o
n
e
th
e
su
b
j
e
c
t
pr
o
p
e
r
t
y
fr
o
m
C1
to
R4
.
Da
t
e
d
th
i
s
/
da
y
of
Oc
t
o
b
e
r
,
20
2
4
CI
T
Y
0
PA
S
C
O
HE
A
R
I
N
G
EX
A
M
I
N
E
R
J/
g
w
/
J
An
d
r
e
w
L.
Ko
t
t
k
a
m
p
Z
20
2
3
-
0
0
8
Gi
s
i
Re
z
o
n
e
Pa
g
e
5
of
5
Page 63 of 200
Item:Gisi Water Tower Apartments C-I to R-4 Rezone
"Exhibit B"Applicant(s):Dennis Gisi
File #2 Z 2023—008 A
J
PenderDr
7:
O‘‘5
O
m
\
Savary [if 5 j SgrNENgo
(Ie R-4
Gi?ano Dr
70 140 280 420 560I
|:-:-:—:|Wri le Dr
Feet
g__y
Pa
g
e
6
4
o
f
2
0
0
REPORT TO HEARING EXAMINER
PUBLIC HEARING
City Hall – 525 North Third Avenue
WEDNESDAY, 9 October 2024
6:00 PM
1
TER FILE #: Z 2023-008
APPLICANT: Dennis Gisi
5109 N Road 68 Suite E
Pasco, WA 99301
REQUEST: REZONE: Parcel 116-140-050 Rezone from C-1 (Retail Business
District) to R-4 (High-Density Residential)
Timeline:
13 September 2023 Application Submitted
27 September 2023 Application Deemed Complete
25 September 2024 Application Noticed for Public Hearing
2 October 2024 Public Hearing Staff Report Published
BACKGROUND
1. PROPERTY DESCRIPTION:
Legal: BINDING SITE PLAN 2019-03 LOT 3; (Parcel 116-140-050).
General Location: Said property is located along the East side of Road 76 between Sandifur
Parkway and Wrigley Drive in Pasco WA.
Property Size: Approximately 2.52 acres (approximately 109,800 square feet)
2. ACCESS: The parcel has access from Road 76.
3. UTILITIES: Municipal water and sewer are available in Road 76.
4. LAND USE AND ZONING: The site is zoned C-1 (Retail Business District) and is vacant. Surrounding
properties are zoned and developed as follows:
North: C-1 Retail Business/City of Pasco Water Towers
East: C-1 Retail Business/Commercial Uses
South: C-1 Retail Business/Mid Columbia Library
West: R-1 Low Density Residential/Single Family Dwellings
5. Comprehensive Plan: The City of Pasco Comprehensive Plan designates this site as “Mixed
Residential & Commercial.” The Mixed Residential & Commercial designation accommodates a
diverse range of housing, nonresidential uses, commercial uses, neighborhood retail and office
uses, parks and recreation areas, and civic uses at a density of 5 to 29 dwelling units per acre, and
Page 65 of 200
2
may be assigned R-1, R-2, R-3, 4-4, C-1 and O zoning. Per PMC 25.215.015 maximum gross density
of any proposed development within any zoning district, detailed as dwelling units per acre, shall
be no less than the corresponding minimum density shown in the Comprehensive Plan land use
density table, and no greater than the corresponding maximum density expressed in the
Comprehensive Plan land use density table.
6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based
on the State Environmental Policy Act (“SEPA”) checklist, Comprehensive Plan, applicable
regulations, and other information, a threshold determination resulting in a Mitigated
Determination of Non-Significance (MDNS) for this project was issued on September 16, 2024,
under WAC 197-11-355.
7. Exhibits:
1) Rezone Application – Applicant Submittal
2) Site Plans – Applicant Submittal
3) Overview Map – City of Pasco
4) Vicinity Map – City of Pasco
5) Zoning Map – City of Pasco
6) Comprehensive Plan Map – City of Pasco
7) Site Photos – City of Pasco
8) SEPA Determination – City of Pasco
9) Affidavit of Mailing – City of Pasco
10) Affidavit of Posting – City of Pasco
Request
Applicant Dennis Gisi wishes to rezone Lot 3 of Binding Site Plan 2019-03, located at Parcel 116140050 in
Pasco, WA 99301 from C-1 (Retail Business) to R-4 (High-Density Residential). The site comprises
approximately 2.52 acres (approximately 109,800 square feet).
The underlying Land Use Code has recently been amended to “Mixed Residential & Commercial,” which
specifies 5 to 29 dwelling units (DU) per acre.
History
The site was platted in 2019, as part of Binding Site Plan 2019-03. The site was assigned RT zoning in 1981
via Ordinance 2388 and subsequently rezoned from RT (Residential Transition) to C-1 in 2003 via
Ordinance 3615. The site has never been developed and is currently vacant.
Rezone Criteria
The initial review criteria for considering a rezone application are explained in PMC 25.210.030. The
criteria are listed below as follows:
1. The date the existing zone became effective:
The site was assigned RT zoning in 1981 via Ordinance 2388 and subsequently rezoned to C-1 in 2003 via
Ordinance 3615.
2. The changed conditions, which are alleged to warrant other or additional zoning:
Per the applicant, due to economic conditions, the best use of the property is residential, not commercial.
3. Facts to justify the change on the basis of advancing the public health, safety and general
welfare:
Page 66 of 200
3
The Mixed Residential & Commercial designation allows for R-1, R-2, R-3, R-4; C-1 and O zoning;
development with High-Density Residential will add and increase density which will help reduce urban
sprawl and increase home ownership.
The rezone application and proposal are consistent with the Council-approved amendments to the Pasco
Comprehensive Plan, which has been determined to be in the best interest of advancing public health,
safety and general welfare of the community.
4. The effect it will have on the value and character of the adjacent property and the
Comprehensive Plan:
A change in zoning would be consistent with the comprehensive plan Land Use Map Mixed Residential &
Commercial designation for the site. The site has been subject to at least two Code Enforcement cases
related to maintenance, development of the site would improve the value and character of the adjacent
properties.
5. The effect on the property owner or owners if the request is not granted:
Per Applicant, If the property remains with the current C-1 zoning designation the property would be sold
as the applicant does not construct or operate commercial properties.
6. The Comprehensive Plan land use designation for the property:
The City of Pasco Comprehensive Plan designates this site as “Mixed Residential & Commercial.” The Mixed
Residential and Commercial designation accommodates a diverse range of housing, nonresidential uses,
commercial uses, neighborhood retail and office uses, parks and recreation areas, and civic uses at a
density of 5 to 29 dwelling units per acre, and may be assigned R-1, R-2, R-3, R-4; C-1 and O zoning.
Per PMC 25.215.015 maximum gross density of any proposed development within any zoning district,
expressed as dwelling units per acre, shall be no less than the corresponding minimum density expressed
in the Comprehensive Plan land use density table, and no greater than the corresponding maximum density
expressed in the Comprehensive Plan land use density table, except as provided in Chapter 25.161 PMC.
7. Such other information as the Hearing Examiner requires:
The rezone application is consistent with and meets the intent of the Comprehensive Plan, and City Council
Goals.
STAFF FINDINGS OF FACT
Findings of fact must be entered from the record. The following are initial findings drawn from the
background and analysis section of the staff report. The Hearing Examiner may add additional findings to
this listing as the result of factual testimony and evidence submitted during the open record hearing.
1. Public notice of this hearing was sent to property owners within 300 feet of the property, posted
in the Tri-City Herald, and posted on-site on September 25, 2024.
2. Applicant wishes to rezone Parcel 116-140-050 from C-1 (Retail Business) to R-4 (High-Density
Residential).
3. The site comprises approximately 2.52 acres (approximately 109,800 square feet).
4. The underlying Land Use code specifies 5 to 29 dwelling units (DU) per acre.
5. The site was platted most recently in 2019, as part of Binding Site Plan 2019-03.
6. The site was assigned C-1 zoning in 2003 via Ordinances 3615.
7. The City’s 2018-2038 Comprehensive Plan Land Use Map designates the site as “Mixed Residential
& Commercial”.
Page 67 of 200
4
8. The “Mixed Residential and Commercial” designation may be developed with a combination of
single-family dwellings, patio homes, townhouses, and condominiums.
TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT
Before recommending approval or denial of a rezone, the Hearing Examiner must develop findings of fact
from which to draw its conclusions based upon the criteria listed in PMC 25.210.060. The criteria are as
follows:
1. The proposal is in accordance with the goals and policies of the Comprehensive Plan.
The Land Use Element of the Comprehensive Plan designates the lot “Mixed Residential and Commercial.”
A change in zoning would be consistent with the comprehensive plan Land Use Map designation for the
site and could further the goals and policies of the Comprehensive Plan such as:
• Housing Policy H-1-A: Allow for a full range of housing including single family homes,
townhouses, condominiums, apartments, and manufactured housing, accessory dwelling units,
zero lot line, planned unit developments etc. The current zoning only allows for a specific type of
development, C-1 uses on a main floor with residential units above and must be approved through
a special permit. A rezone to R-3 would allow for a variety of housing types including all those
listed in this policy.
• Housing Policy H-1-B: Higher intensity housing should be located near arterials and
neighborhood or community shopping facilities and employment areas. The proposed rezone
could make it easier to develop the land to the required density of the Comprehensive Plan and
the property is approximately 0.1 miles from Sandifur Parkway to the north and 0.1 miles from
Road 68 to the east. Significant portions of land to the south, north and east are zoned and
designated for strictly commercial uses, the proposal could allow for higher density development
adjacent to these uses.
• Land Use Policy LU-4-B: Encourage infill and higher density uses within proximity to major travel
corridors and public transportation service areas. The proposal is located in close proximity to
both Sandifur Parkway and Road 68 which are classified as arterial roads. The proposed rezone
may provide avenues for development at a higher density than under the current zoning
designation.
2. The effect of the proposal on the immediate vicinity will not be materially detrimental.
This application for rezone is consistent with the Comprehensive Plan Land Use Element and meets the
intent of the Goals and Policies for the property. A development action affecting the site would be
subject to the State Environmental Policy Act (SEPA) and impacts to the natural and built environment,
including neighboring properties, would be considered and mitigated through the SEPA process.
3. There is merit and value in the proposal for the community as a whole.
The proposed zoning designation is consistent with the Comprehensive Plan Land Use Map and the Goals
and Policies as adopted by the Pasco City Council. The proposal includes infill development and promotes
the goals of the Mixed Residential & Commercial Land Use Map Designation.
4. Conditions should be imposed in order to mitigate any significant adverse impacts from the
proposal.
The rezone application and anticipated project are subject to the regulations and requirements of the
Pasco Municipal Code and the City of Pasco Design and Construction Standards. As such, no conditions
Page 68 of 200
5
should be imposed; any future development will be evaluated for significant adverse impacts at the time
of a development application, which will also be subject to review under the State Environmental Policy
Act (SEPA).
5. A Concomitant Agreement should be entered into between the City and the petitioner, and if
so, the terms and conditions of such an agreement.
No Concomitant Agreement is considered necessary for this application.
RECOMMENDATION
Staff recommends based on the Findings of Fact and Conclusions herein, that Lot 2 of Binding Site Plan
2019-03; (Parcel 116-140-050), in Pasco WA., be rezoned from C-1 (Retail Business District) to R-4 (High-
Density Residential).
Page 69 of 200
Master File # SP 2023-008
Applicant Info
Name: Dennis Gisi
Address:
5109 N. Rd 68 Ste E
Pasco, WA 99301
Phone:
509-520-0505
Email:
dgisi@johnlscott.com
Community & Economic Development Department
PO Box 293, 525 N 3 rd Ave, Pasco, WA 99301
P: 509.545.3441 / F: 509.545.3499
CITY OF PASCO
PETITION FOR ZONE CHANGE
Fee:$825
Date Submitted: 13 Sep 2023
Owner Info
(if different than applicant)
Name:
Terry Gilmore
Address:
2101 N. Columbia River Rd.
Pasco, WA 99301
Phone:
509-430-0013
Email:
tjgilmore13@gmail.com
Project Address: Rd 76 and Wrigley Dr. Pasco, WA
Project Parcel Number: _1_16_1_4_0_0_5_0 ______________________ _
Current Zoning: _C_-_1 ____________________________ _
Requested Zoning:_R_-4 ____________________________ _
Describe the nature and effect of the proposed change: _______________ _
To facilitate a higher density residential project. Current zoning is very restrictive.
Estimated time frame of development: _F_a_ll _2_0_23_-_F_a_ll_2_0_25 ______________ _
Updated July 2019
Page 70 of 200
What conditions warrant the proposed rezone? The exi sting zoning requires commercial on the groun,
ground floor and this not feasible. Also current zoning is very restrictive for higher density housing
How will the proposed rezone advance the health, safety, and general welfare of the community?
The proposed project will provide for a larger co mmunity to serve the existing re t ail, commercial,
restaurant and medical establishment s as well as monitoring the neighborhood for crime and safety.
What effect will the proposed change have on the value and character of adjacent property?
The proposed project will enhance the adjacent properties and establishment by increasing the
uses and bring more activit y and economic vitality.
How does the proposed rezone relate to the City's Comprehensive Plan? _________ _
The City of Pasco has an increasing de mand for housing and this project will serve to help with
that demand. It is in line with Pasco's goals and future development.
What effect will be realized by the owner(s) if the proposed rezone is not granted? ______ _
The current zoning is restrictive to the point that without the rezone, any effort to develop the
property in a healthy supportive wa y would not be feasible or economically viable.
NOTE: Provide a variance report giving a list and mailing address of owners of all property within 300
feet of the applicant's property, as shown by a local title company OR payment of $50.00 which shall
be utilized by the City to obtain a current list of property owners of all properties within 300 feet of
the applicant's property.
Page 71 of 200
t t c· ifiii iii � Jty ° Community & Economic Development Department
•1 • ._....,asco PO Box 293, 525 N 3 rd Ave, Pasco, WA 99301
� ' P: 509.545.3441 / F: 509.545.3499
Fee for Rezone Environmental Checklist Radius Notification
C SEPA Checklist □Site map
State of Washington
County of Franklin ss.
.. MARISSA GUTIERREZ NOTARY PUBLIC #5287 STATE OF WASHINGTON COMMISSION EXPIRES MARCH 29. 2027
$700.00 $ 75.00 $ 50.00 $825.00
□Fee of $825
Fee:$825
On this /l1_.day o�
for the State o Washington, � a I before me the undersigned, a Notary Public in andduly commissioned an sworn, personally appeared +--"�=A..'----1-;...7,!--L-.a:;J.��-----being duly sworn on his/her oath that he/she has prepared r ad the foregoing statements and has acknowledged to me that the recitations contained therein are true, and has signed this instrument as his/her free and voluntary act and deed for the purposes therein mentioned.
SUBSCRIBED AND SWORN to before me this /J�ay of �, ;!J:gg.
Updated July 2019
Page 72 of 200
TOTAL GROSS SF PER FLOOR: 27,800 SF+/. (NOT INCL. BALCONIES)
30 UNITS/FLOOR 34 CARS REQ/FLOOR
4 • 2 BEDROOMS @ 1,200 SF/UNIT+/·
18 • 1 BEDROOMS @ 780 SF/UNIT+/.
8 ·STUDIOS@ 525 SF/UNIT+/•
8CARSREQ.
18CARSREQ.
8CARSREQ.
FLOOR 4: 30 UNITS
FLOOR 3: 30 UNITS
FLOOR 2: 30 UNITS
FLOOR 1: 18 UNITS
TOTAL UNITS: 106 UNIT S
34CARSREQ.
34CARSREQ.
34CARSREQ.
20CAR SREQ.
OPTIONAL RETAIL COMMERCIAL
AT GROUND FLOOR
122 CARS REQ. 135 SPACES PROVIDED
WP . APARTMENTS
PASCO WASHINGTON
FEBRUARY 2023
PROPOSED CONCEPTUAL DESIGN
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30 UNITS/FLOOR 34 CARS REQ/FLOOR
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18 - 1 BEDROOMS @ 780 SF/UNIT+/-
8 -STUDIOS@ 525 SF/UNIT+/-
FLOOR 4: 30 UNITS
FLOOR 3: 30 UNITS
FLOOR 2: 30 UNITS
FLOOR 1: 16 UNITS
34 CARS REQ.
34 CARS REQ.
34 CARS REQ.
20 CARS REQ.
8 CARS REQ.
18 CARS REQ.
8 CARS REQ.
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WP.APARTMENTS
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CONCEPTUAL PROJECT UNIT MIX AND SQUARE FOOTAGES
PARKING REQUIREMENTS
12.7.2022
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AFFIDAVIT OF PUBLICATION
Account #Order Number Identification Order PO Amount Cols Depth
14026 595595 Print Legal Ad-IPL01957570 - IPL0195757 Z-2023-008 Gisi Water To $203.60 1 68 L
Debra BarhamAttention:
CITY OF PASCO/LEGALS
PO BOX 293
PASCO, WA 99301
accountspayable@pasco-wa.gov
COUNTY OF BENTON)
SS
STATE OF WASHINGTON)
Mary Castro, being duly sworn, deposes and says, I am
the Legals Clerk of The Tri-City Herald, a daily
newspaper. That said newspaper is a local newspaper
and has been approved as a legal newspaper by order of
the superior court in the county in which it is published
and it is now and has been for more than six months
prior to the date of the publications hereinafter referred
to, published continually as a daily newspaper in Benton
County, Washington. That the attached is a true copy as
it was printed in the regular and entire issue of the Tri-
City Herald and not in a supplement thereof, ran 1 time
(s) commencing on 09/25/2024, and ending on
09/25/2024 and that said newspaper was regularly
distributed to its subscribers during all of this period.
1 insertion(s) published on:
09/25/24
(Signature of Legals Clerk)
Sworn to and subscribed before me this 25th day
of September in the year of 2024
Notary Public in and for the state of Texas, residing in
Dallas County
Extra charge for lost or duplicate affidavits.
Legal document please do not destroy!Page 94 of 200
Z2023-008: Gisi Water Tower
Apartments, C-1 to R-4
Public Hearing & Hearing Examiner Determination:
• October 9th, 2024
• Recommendation of Approval
Site Information:
• Parcel: 116-140-050
• Size: 2.52 Acres
• Land Use: Mixed Residential Commercial
• Current Zoning District: C-1 Retail Business
• Proposed Zoning District: R-4 High-Density
Residential
Rezone Criteria: PMC 25.210.030
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Z2023-008: Gisi Water Tower
Apartments, C-1 to R-4
Requirements for Zoning Petition (PMC 25.210.030)
•The date the existing zone became effective;
•The changed conditions which are alleged to warrant other or additional zoning;
•Facts to justify the change on the basis of advancing the public health, safety and general
welfare;
•The effect it will have on the value and character of the adjacent property and the
Comprehensive Plan;
•The effect on the property owner or owners if the request is not granted;
•The Comprehensive Plan land use designation for the property; and
•Such other information as the Hearing Examiner requires.
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Z2023-008: Gisi Water Tower
Apartments, C-1 to R-4
Process (Chapter 25.210 PMC)
Rezone
Petition and
Application
PMC
25.210.020(1)
Public
Notice
PMC
25.210.04
0
Public
Hearing
w/Hearing
Examiner
PMC
25.210.020(1)(c)
Hearing Examiner
Findings +
Recommendation
PMC 25.210.060
City
Council
Regular
Business
Meeting
PMC
25.210.080
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AGENDA REPORT
FOR: City Council December 31, 2024
TO: Adam Lincoln, City Manager City Council Regular
Meeting: 1/6/25
FROM: Maria Serra, Public Works Director
Public Works
SUBJECT: *Resolution No. 4550 - Setting a Public Hearing for Local Improvement
District No. 152 Final Assessment Roll (5 minutes)
I. ATTACHMENT(S):
Resolution
PowerPoint Presentation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. 4550, setting a date and place for
a public hearing for the Final Assessment Roll for Local Improvement District
No. 152, and directing that notice thereof be given in the manner required by
law.
III. FISCAL IMPACT:
2021-2022 Adopted Biennial Budget allocated to this project: $5M (Amount is
for the whole LID)
2023-2024 Adopted Biennial Budget allocated to this project: $17.364M
(Amount is for the whole LID)
Total Adopted Budget $22.364M (Amount is for the whole LID)
IV. HISTORY AND FACTS BRIEF:
The East Urban Growth Area (UGA) Expansion Sewer Local Improvement
District (LID) No. 152 project has been developed to provide the opportunity to
serve all parcels within the expanded UGA east of Road 68. This area
encompasses several large parcels (10 acres or more, with short- and long-
term development plans).
City staff held a series of preliminary meetings with landowners and
representatives of the parcels included in the originally proposed LID boundary.
On May 2, 2022, Council approved Resolution No. 4174, declaring its intent to
Page 98 of 200
order the improvements of the East Urban Growth Area Expansion (sewer
mains and lift station) and to form an LID. On May 23, 2022, Council Approved
Ordinance No. 4592, which formed LID No. 152 ordering the sanitary sewer
and lift station improvements within the UGA Expansion east of Road 68. The
City then proceeded forward with assessment of the cost and expense of
carrying out those improvements against the properties specially benefited by
the proposed improvements.
To allow the project to move forward expeditiously into construction, the unified
scope of work was broken into four phases, each of them packaged into a set
of bid documents and treated as an individual construction contract.
Phase 1 installed six bore trench crossings with casings. Three
crossings were installed underneath the BNSF railroad, two were
installed underneath N. Glade Road, and one was installed underneath
N. Railroad Avenue. This construction project totaled $3,178,063.39 and
was accepted by Council via Resolution No. 4458.
Phase 2 installed gravity sewer main from the north end of the UGA
east to N. Glade Road and south along N. Glade Road to the location of
the future lift station. This construction project totaled $1,496,859.67 and
was accepted by Council via Resolution No. 4434.
Phase 3 built a sewer lift station at the corner of N. Glade Road and
Burns Road (extended). This project also installed a set of force mains
to connect the new system to the existing gravity collection systems
located along Foster Wells Road and Capital Avenue, and at Foster
Wells Road and Industrial Way. This construction project totaled
$3,755,604.36 and was accepted by Council via Resolution No. 4524.
Phase 4 installed the remainder of the gravity sewer trunk mains serving
the properties to the west of the lift station and N. Glade Road. This
construction project totaled $6,344,953.40 and was accepted by Council
via Resolution No. 4525.
City staff held two subsequent meetings with the owners of the properties
involved in the LID No. 152 to share the updated costs as the project
progressed. One meeting was conducted as a Pre-Construction meeting, held
on August 28, 2023, and the most recent meeting was held towards the end of
construction on June 26, 2024.
A public hearing is required to present the Final Assessment Roll to allow the
City to confirm and levy the assessments. City staff is currently finalizing the
formal assessment costs for the LID. When complete, written notification of the
public hearing for the Final Assessment Roll for the East UGA Expansion
Sewer LID No. 152 will be mailed to all property owners and will be published
in the newspaper, once the date and time is approved through Resolution. This
item is for scheduling purposes only, and is not finalizing any costs, assessed
values, or closing the LID No.152.
Page 99 of 200
V. DISCUSSION:
Staff recommends approval of the proposed Resolution, which sets a Public
Hearing date of March 3, 2025, at 7:00 PM, for Council consideration of the
Final Assessment Roll for Local Improvement District No. 152.
Page 100 of 200
Resolution – Notice for Public Hearing for LID 15 2
1
CITY OF PASCO, WASHINGTON
RESOLUTION NO. _____
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, FIXING
A TIME AND PLACE FOR A PUBLIC HEARING ON THE FINAL
ASSESSMENT ROLL FOR LOCAL IMPROVEMENT DISTRICT NO. 152, AND
DIRECTING THAT NOTICE THEREOF BE GIVEN IN THE MANNER
REQUIRED BY LAW.
WHEREAS, the final assessment roll for Local Improvement District No. 152, which was
created and established by Ordinance No. 4592, passed by the City Council on May 23, 2022, has
been prepared as provided by law and is on file with the City Clerk, and it is now necessary to fix
the date for a public hearing thereon before the City Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the public hearing on the final assessment roll for Local Improvement District No.
152 will be held before the City Council on March 3, 2025, at 7:00 p.m., local time, in the Council
Chambers, City Hall, 525 N. Third Avenue, Pasco, Washington. The City Clerk is instructed to
cause notice to be given both by mailing and publication as required by law.
Be It Further Resolved, that this Resolution shall take effect and be in full force
immediately upon passage by the City Council.
ADOPTED by the City Council of the City of Pasco, Washington, at a regular open public
meeting thereof on the ____ day of _____________, 2025.
_____________________________
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC P. Stephen DiJulio, Special Counsel
City Clerk
Page 101 of 200
FOSTER GARVEY
CERTIFICATION
I, the undersigned, City Clerk of the City of Pasco, Washington (the “City”), hereby certify
as follows:
1. The attached copy of Resolution No. ______ (the “Resolution”) is a full, true and
correct copy of a Resolution duly adopted at a regular meeting of the City Council of the City held
at the regular meeting place thereof on ______________, 2025, as that Resolution appears on the
minute book of the City; and the Resolution will be in full force and effect immediately following
its adoption; and
2. A quorum of the members of the City Council was present throughout the meeting
and a majority of those members present voted in the proper manner for the adoption of the
Resolution.
IN WITNESS WHEREOF, I have hereunto set my hand this ____ day of ______________,
2025.
CITY OF PASCO, WASHINGTON
Debra Barham, CMC
City Clerk
Page 102 of 200
1/06/2025
Pasco City Council
Regular Meeting
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East UGA LID 152
Public Hearing Request
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Pasco City Council
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East UGA Expansion Sewer LID Map
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Establishment of LID 152
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East UGA Expansion Sewer LID
List of Involved Property Owners.
7
AcresLand Use / PlanningParcel No.Name
10.17Low Density Residential115130046SINGH (ETUX), JASBIR
10.17Low Density Residential115130055COLE, SHARON K
223.74Low & Medium Density Residential
Commercial115010032COLUMBIA WATERS FARM LLC
137.29Industrial124680044DARIGOLD, INC
133.08Low Density Residential114250018FARM 2005 LLC
40.31Low Density Residential114330051 (Was: 114330045)Big Sky Developers (Previously: J-13, LLC)
29.76Medium Density Residential114330052 (Was: 114330048)Big Sky Developers (Previously: J-13, LLC)
6.03Medium Density Residential114330053 (Was: 114330048)Big Sky Developers (Previously: J-13, LLC)
6.19Medium Density Residential114330054 (Was: 114330048)Big Sky Developers (Previously: J-13, LLC)
158.15Low Density Residential114330031J-14, LLC (Previously: OLBERDING, ALLEN & CHERYL)
41.22Low Density Residential114330041STRIZHAK'S HAVEN RANCH LLC (Previously: J-12, LLC &
OLBERDING, ALLEN & CHERYL)
40.89Low Density Residential114330042Pro Made Construction (Previously: OLBERDING, ALLEN &
CHERYL)
40.65Low & Medium Density Residential114330043GS Cattle RANCH, LLC (Previously: J-12, LLC, and earlier:
OLBERDING, ALLEN & CHERYL)
14.32Public Quasi-Public114330059 (Was: 114330046)PASCO SCHOOL DISTRICT NO. 1
67.88Public Quasi-Public114330060 (Was: 114330047)PASCO SCHOOL DISTRICT NO. 1
6.70Industrial124680038PUD #1 (FRANKLIN COUNTY)
40.76Low & Medium Density Residential114330044SG LAND MANAGEMENT LLC
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East UGA Expansion Sewer LID
Design and Construction Timeline
8
Schedule
Preliminary Design- May 26, 2022
FormationMay 26, 2022
DesignMay 26, 2022 -
Phase 1 Construction ContractNovember 24, 2022
Phase 2 Construction ContractNovember 24, 2022
Phase 3 Construction ContractJanuary 24, 2023
Phase 4 Construction ContractMay 8, 2023
Phase 2 Construction AcceptanceMarch 18, 2024
Phase 1 Construction AcceptanceJune 3, 2024
Special Benefit Analysis BeganSeptember 10, 2024
Phase 3 Construction AcceptanceNovember 18, 2024
Phase 4 Construction AcceptanceNovember 18, 2024
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Final Assessment Roll Timeline
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Schedule
Resolution setting a Public Hearing for Final Assessment Roll
HearingJanuary 6, 2025
Mail Notice of Public Hearing to Property OwnersJanuary 7, 2025 – February 14, 2025
Publish Notice of Public Hearing in Newspaper for two consecutive
weeksJanuary 15, 2025 – February 12, 2025
Public Hearing for Final Assessment RollMarch 3, 2025
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After Final Assessment Roll Timeline
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Estimated Date(s)Upcoming
Items
Expires: April 1, 2025Expires 10 days after Ordinance confirming assessment
roll becomes effective
Appeal Period
April 4, 2025 –April 24, 2025Must be published in newspaper for two weeks, and
mailed out to property owners
Notice of Official
Final Assessment
Expires: May 9, 2025Expires 30 days after first publication in newspaperPrepayment Period
June 8, 2025No earlier then 20 days after the prepayment endsSell bonds
Earliest: March 22, 2026First Payment is due one year after Final assessment roll
Ordinance becomes effective
First Payment
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AGENDA REPORT
FOR: City Council December 30, 2024
TO: Adam Lincoln, City Manager City Council Regular
Meeting: 1/6/25
FROM: Ken Roske, Police Chief
Police Department
SUBJECT: Resolution No. 4549 - Interlocal Agreement with the Port of Pasco for
Airport Police Services and Ordinance No. 4753 - Amending the 2025-
2026 Operating Budget by Adding Staff to the Pasco Police Department
(5 minutes)
I. ATTACHMENT(S):
Proposed Resolution
Interlocal Agreement between the City of Pasco and Port of Pasco for Airport
Police Services
Proposed Ordinance
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approved Resolution No. 4549, authorizing the City
Manager to execute an interlocal agreement with the Port of Pasco to provide
airport police services.
If the ILA is approved, then
MOTION: I move to adopt Ordinance No. 4753, amending the 2025-2026
Biennial Operating Budget (Ordinance No. 4749) by providing supplement
thereto; Fund, General the in City's additional provide to appropriation
allocating funding for the addition of four full-time employees to the Police
Department staffing to ensure effective collaboration with airport and federal
authorities and improve public safety services and, further, authorize
publication by summary only.
III. FISCAL IMPACT:
The addition of four (4) police officer positions requires an increase in
appropriations in the addition of General Fund of approximately $1,509,787.
This expense is primarily composed of labor costs. A lesser portion of the
expense is tied to the provision of training, uniforms and equipment, and
overhead associated with interfund services supplied by other General Fund
Page 114 of 200
departments, including finance, human resources, and information technology
support.
The interlocal agreement outlines a methodology for reimbursement of costs
associated with the supply of airport police services. In the first year of service,
reimbursement is not fully met. This revenue shortfall is related to the City
absorbing half of the cost associated with completion of Basic Law
Enforcement Academy. Also, the cost of labor associated with field officer
training is not reimbursed by the Port of Pasco. Both training elements occur
prior to staff availability for assignment to the airport.
For this biennium, expenses are expected to be in excess of revenues by
approximately $105K. The second year of agreement is expected to result in
full reimbursement. The cost, and associated revenue, will be monitored and
reviewed annually.
IV. HISTORY AND FACTS BRIEF:
For over two decades, the Pasco Police Department (Pasco PD) has
supported the Tri-Cities Regional Airport to provide police services, including
the processing of police records, evidence management, and law enforcement
response when needed. These efforts have supported compliance with federal
security regulations and ensured public safety at the airport.
Recently, the Port of Pasco Police Department, previously responsible for
dedicated security and enforcement at the airport, was disbanded. This shift
necessitates the formalization of Pasco PD's role through a proposed Interlocal
Agreement with the Port of Pasco. The plan outlines the assignment of four
full-time Pasco PD officers to provide security, routine enforcement, and
emergency response. Oversight of these operations will be coordinated by the
Pasco Chief of Police and managed on-site by the Field Operations Division
Captain and District 1 Lieutenant. Officers assigned to the airport will receive
specialized training to meet TSA and FAA requirements, and PPD will assume
full responsibility for maintaining related records and operational support.
V. DISCUSSION:
The proposed Police Services Operating Plan and Interlocal Agreement aim to
address the increased responsibilities stemming from the disbandment of the
Port of Pasco Police Department. Under the new agreement, Pasco PD will
formally provide comprehensive policing services, ensuring that public safety,
federal compliance, and operational efficiency are maintained.
The proposal includes the allocation of four full-time officers, specialized
training for federal compliance, and resources to support additional
Page 115 of 200
responsibilities. This will require the addition of four police officers, the
expansion of departmental resources. The formalized agreement will enhance
safety and ensure effective collaboration with airport and federal authorities.
The Tri-Cities Regional Airport serves as a critical infrastructure for the region,
and approving this plan is essential to uphold its security and operational
integrity.
This item was discussed at the December 9, 2024, Council Workshop.
Staff recommends approval of the Interlocal Agreement and allocating the
funding from the ILA for additional Police staff to cover the Tri-Cities Regional
Airport duties.
Page 116 of 200
Resolution– ILA for Port of Pasco for Police Services - 1
RESOLUTION NO. ____
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL
AGREEMENT BETWEEN THE PORT OF PASCO AND THE CITY OF PASCO
FOR AIRPORT POLICE SERVICES.
WHEREAS, RCW 39.34, INTERLOCAL COOPERATION ACT, authorizes political
subdivisions to jointly exercise their powers, privileges, or authorities with other political
subdivisions of this State through the execution of an interlocal cooperative or interagency
agreement; and
WHEREAS, the City of Pasco, Washington (City) and the Port of Pasco (Port) desire to
enter into this Interlocal Agreement for the purpose of providing police services at the Tri-Cities
Regional Airport; and
WHEREAS, for over two decades, the Pasco Police Department (Pasco PD) has provided
essential police services, including law enforcement response, records processing, and evidence
management, to the Tri-Cities Regional Airport located in Pasco, Washington, ensuring
compliance with federal security regulations and public safety standards; and
WHEREAS, the disbandment of the Port of Pasco Police Department has necessitated a
formalization of the roles and responsibilities of the Pasco PD in the provision of comprehensive
policing services at the Tri-Cities Regional Airport; and
WHEREAS, the proposed Interlocal Agreement between the City and the Port establishes
the assignment of four full-time Pasco PD officers to the Airport, ensuring the continuation of
critical security, enforcement, and emergency response functions; and
WHEREAS, the officers assigned to the Airport will receive specialized training to meet
the security and operational requirements of the Transportation Security Administration (TSA)
and the Federal Aviation Administration (FAA); and
WHEREAS, the Interlocal Agreement includes terms with funding for staffing, training,
and operations fully covered by the Port, thereby avoiding any additional financial burden on the
City; and
WHEREAS, this Interlocal Agreement will maintain the safety, federal compliance, and
operational integrity of the Tri-Cities Regional Airport, a critical infrastructure facility for the
region; and
WHEREAS, the City Council of the City of Pasco, Washington, has after due
consideration, determined that it is in the best interest of the City of Pasco to enter into the
interlocal agreement to provide police services at the Tri-Cities Regional Airport with the Port of
Pasco.
Page 117 of 200
Resolution– ILA for Port of Pasco for Police Services - 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City Council of the City of Pasco approves the terms and conditions of the
Interlocal Agreement between the Port of Pasco and the City of Pasco; a copy of which is attached
hereto and incorporated herein by reference as Exhibit A.
Be It Further Resolved, that the Mayor of the City of Pasco, Washington, is hereby
authorized, empowered, and directed to sign and execute said Agreement on behalf of the City of
Pasco; and to make minor substantive changes as necessary to execute the Agreement.
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 _____,
2025.
_____________________________
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, MMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 118 of 200
WHEN RECORDED RETURN TO:
City of Pasco, Washington
525 North 3rd
Pasco WA 99301
INTERLOCAL COORPERATION AGREEMENT
BETWEEN THE CITY OF PASCO AND THE PORT OF PASCO
FOR AIRPORT POLICE SERVICES
BY THIS INTERLOCAL COOPERATION AGREEMENT entered into this _____ day of
__________, 20__, between the City of Pasco, a Washington Municipal Corporation, hereafter referred to
as “City” and the Port of Pasco, a Washington Municipal Corporation, hereinafter referred to as “Port”.
WHEREAS, pursuant to RCW Chapter 39.34, the Interlocal Cooperation Act, the Parties hereto
desire to enter into an agreement for the purpose of providing police services at the Tri-Cities Airport,
3601 N 20th Ave, Pasco, WA 99301, hereinafter referred to as "Airport”. Said personnel will provide
police services to the Airport as well as the surrounding areas of the City.
WHEREAS, the Port owns, maintains, and operates the Airport under RCW Chapter 14.08 and is
empowered thereby to contract with any political subdivision of the State of Washington for the
furnishing of police protection; and
WHEREAS, the City maintains a Police Department and is able and willing to render police
services at the Airport upon reasonable terms; and
WHEREAS, the City has provided similar services in the past, and will continue to do so at the
Airport.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, it is agreed
between the parties as follows:
1. Police Services. The Port shall provide access to the terminal facility located at the Airport, and
the City shall provide police services for the benefit of the Port as provided in the Airport Police
Services Operating Plan, which is attached hereto and incorporated herein by this reference as
Exhibit A. The Airport Police Services Operating Plan may be modified and amended by written
agreement between the Airport Director and the City Police Chief.
The Port recognizes the City Police Chief as the Airport Police Chief and hereby delegates
authority to the Police Chief to administer the Airport Police Services Operating Plan as written.
Further, the Port recognizes that by delegating authority, the Port still maintains responsibility for
providing police services that comply with 49 CFR § 1542 and WAC Title 139, et seq., except for
those responsibilities undertaken by the City under the Airport Police Services Operating Plan.
Page 119 of 200
2. Service Payments.
A. The Port agrees to pay to the City for services provided under Section 1 above:
(1) For the calendar year 2025, the City will phase in officers as they are hired and complete
the basic police academy. See Exhibit B.
(2) Commencing the first day of February 2025, and subsequent years, the annual service
payment shall be based on the actual costs for personnel as established through the
Collective Bargaining Agreement (CBA) between the City of Pasco and Pasco Police
Officer’s Association for the respective calendar year. During protracted contract
negotiations exceeding one year, the annual service payment shall be increased by the
Consumer Price Index issued by the US Department of Labor for the West Coast Class B/
C Cities. Once contract negotiations are finalized the service payment shall be adjusted to
the actual salaries. If the CBA occurs after the first of any new calendar year, the sum
shall be revised accordingly, and the City reimbursed by the Port for such retroactive
payments. The annual payments as determined shall be divided into twelve (12) equal
monthly installments and payable on the 15th day of each month during the term.
(3) Commencing the first day of February 2025, an annual administrative fee of $71,000 will
be billed to the Port for each of the four officers assigned to the airport.
3. Provided Equipment and Facilities. The City shall provide any and all equipment at the Airport
required to provide police services as required under the Airport Police Services Operating Plan.
The Port shall provide the facilities for the Airport and the provision of police services as required
under the Airport Police Services Operating Plan.
As a part of the Airport Police Services Operating Plan, each party shall coordinate with the other
party to prepare an inventory of all equipment owned by each respective party having a value
more than $5,000. Such equipment identified in the inventory shall remain the property of the
designated party, who shall assume full responsibility for its maintenance, repair, and
replacement. The inventory will be prepared, modified, and amended only by written agreement
between the Airport Director and the City Police Chief, and is expressly incorporated into this
agreement.
4. Term of Agreement. This Agreement shall commence on the 19th day of January, 2025, for a
term of five (5) years terminating on 19th day of January, 2030, unless earlier terminated as
provided in Section 8, below.
5. Indemnification and Hold Harmless. The City agrees that it will protect, save, defend, and hold
harmless and indemnify the Port, its employees, commissioners, volunteers, officers, and agents
from any and all demands, claims, judgments, or liability for loss or damage arising from
negligent acts or omissions, or intentional damage for injury caused by a City employee, agent,
volunteer or officer, except for losses or injuries occurring in whole or in part as a result of the
negligence of the Port, its agents, officers, volunteers or employees.
Page 120 of 200
The Port agrees that it will protect, save, defend, and hold harmless and indemnify the City, its
employees, volunteers, officers and agents from any and all demands, claims, judgments, or
liability for loss or damage arising from negligent acts or omissions, or intentional damage for
injury caused by a Port employee, agent, volunteer or officer, except for losses or injuries
occurring in whole or in part as a result of the negligence of the City, its agents, officers,
volunteers or employees.
The Port shall name the City as an additional insured on its airport liability policy covering the
service to be provided by the City to the Port upon the Airport property. The Port shall furnish the
City proof of such an endorsement within thirty (30) days of the date of this Agreement. In the
event the policy of insurance providing such coverage is cancelled or amended substantially
limiting the coverage available for the City as an additional insured under the Port's policy, the
Port shall provide the City notice within three (3) days of the receipt of notice by the Port of such
cancellation or modification to the policy. Cancellation or modification of the policy as provided
above, shall be cause for early termination of this Agreement by the City as provided in Section 8
below, however, such termination shall not occur prior to the effective date of the cancellation or
modification of coverage as described above, and such early termination shall not in any event
occur earlier than ninety (90) days from the date of notice to the City of cancellation or
modification to the policy.
6. Waiver of Subrogation. The Port and the City hereby mutually release each other from liability
and waive all right of recovery against each other for any loss or damage to property from perils
insured against under their respective property insurance contracts, including any extended
coverage endorsements thereto; provided, that this Section 6 shall be inapplicable if it would have
the effect, but only to the extent that it would have the effect of invalidating any insurance
coverage of Port or City.
7. Discrimination Unlawful. Neither party shall discriminate against any employee or applicant for
employment because of race, color, religion, sex, age, creed, sexual orientation, genetic
information, disability, or national origin, in accordance with state and federal law.
8. Early Termination. In the event of default of the terms of this Agreement, either party may cause
the early termination of this Agreement for breach of this Agreement upon giving at least thirty
(30) days written notice of default. The notice shall set forth the cause for termination and the
compliance period. In the event the default cannot be cured within thirty (30) days, the defaulting
party shall be provided a reasonable time within which to cure the default. The Agreement shall
be terminated at the end of the compliance period if the cause for termination has not been cured,
PROVIDED, and notwithstanding any other provision herein to the contrary, the City will
immediately upon notification commence to cure any default which could result in the lapse of
the Port’s TSA compliance and shall complete correction as soon as possible thereafter. Either
party may at any time cause this Agreement to terminate without cause upon at least two (2) years
advance written notice to the other party prior to the intended date of termination.
9. Training. The City shall provide the training necessary to meet the goals and objectives of the
Police Department, Airport, FAA and TSA. The Port shall cooperate and support these services by
permitting and facilitating practice drills, planning exercises, and airport familiarization.
Page 121 of 200
10. Renegotiation. This Agreement, or any section thereof, may be renegotiated by the parties and
any agreement as a result of such renegotiation shall be by written amendment to this Agreement
and signed by the parties.
11. The Interlocal Cooperation Act Provisions. All vehicles, equipment, inventory, and any
improvement thereon or fixtures purchased by the City, shall remain the sole property of the City.
All vehicles, equipment, inventory, and any improvements thereto and non-fixture improvements
to the premises purchased by the Port, shall remain the sole property of the Port. All personnel
utilized by the City in the fulfillment of this Agreement shall be solely within the supervision,
direction and control of the City and shall not be construed as "loan servants" or employees of the
Port. The City Manager of the City of Pasco, Washington, shall be designated as the
Administrator of this Interlocal Agreement.
No independent special budget or funds are anticipated, nor shall be created without the prior
written agreement of the parties. It is not intended that a separate legal entity be established to
conduct this cooperative undertaking, nor is the acquiring, holding, or disposing of real or
personal property other than as specifically provided within the terms of this Agreement.
A copy of this Agreement shall be filed with the Franklin County Auditor's office or posted on the
City or Port's website as required by RCW 39.34.040.
12. General Provisions. For the purpose of this Agreement, time is of the essence.
This Agreement is governed, construed, and enforced in accordance with the substantive laws of
the State of Washington.
In the event of a dispute regarding the enforcement, breach, default, or interpretation of this
Agreement, the City Manager and Executive Director 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, Washington. The substantially prevailing party shall be entitled to its reasonable
attorney fees and costs as additional award and judgment against the other.
13. Termination of Former Agreement. All prior Agreements between the parties for police
services to be provided at the Airport premises are hereby superseded upon the execution of this
Agreement and terminated.
14. Responsibility for Actions of Agents, Employees, or Representatives. No agent, employee,
servant, or representative of the City shall be deemed to be an employee, agent, servant, or
representative of the Port for any purpose and vice versa. Each party shall be solely and entirely
responsible for its acts and for the acts of its agents, employees, servants, subcontractors or
otherwise during the performance of this Agreement except as may be set forth herein.
Page 122 of 200
DATED this ____ day of ______________, 20XX.
CITY OF PASCO:
Pete Serrano, Mayor
ATTEST: APPROVED AS TO FORM:
Debra C. Barham, City Clerk Kerr Ferguson Law, PLLC, City Attorney
PORT OF PASCO:
Commission President
ATTEST: APPROVED AS TO FORM:
Secretary Attorney for Port of Pasco
STATE OF WASHINGTON)
: ss.
County of Franklin )
On this day personally appeared before me PETE SERRANO, Mayor of the City of
Pasco, Washington, 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 _________. 202X.
____________________________________________
NOTARY PUBLIC in and for the State of Washington
Residing at: __________________________________
My Commission Expires: _______________________
Page 123 of 200
STATE OF WASHINGTON)
: ss.
County of Franklin )
On this day personally appeared before me ______________________, of the Port of
Pasco, 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 _________. 20___.
____________________________________________
NOTARY PUBLIC in and for the State of Washington
Residing at: __________________________________
My Commission Expires: ______________________
Page 124 of 200
POLICE SERVICES OPERATING PLAN
(Exhibit A)
I. GENERAL
The City of Pasco, herein referred to as "City," agrees to provide police services to Tri-Cities
Airport under the terms of an Interlocal Agreement with the Port of Pasco, referred to as
"Port."
The purpose of this plan is to ensure a high standard of public safety and regulatory
compliance within the airport facilities by assigning four full-time Pasco Police Department
(PPD) officers on 10.67-hour shifts.
II. PURPOSE
A. To deliver qualified, responsive police services, including enforcement, security, and
emergency response at Tri-Cities Airport, in alignment with TSA regulations and airport
security requirements.
B. To specify the roles and responsibilities of PPD and the Port in the management and
implementation of police services within the airport.
C. To identify and delineate the roles and responsibilities of the Port and the City in the
administration, management, and implementation of the Interlocal Cooperative
Agreement and service delivery.
III. MANAGEMENT AND ADMINISTRATION
The Pasco Chief of Police will oversee the implementation of services, coordinating with the
Airport Director and Port administration.
The officers assigned at the airport will operate under the direction of the District 1
Lieutenant, and the on-duty patrol watch commander will supervise day-to-day operations in
coordination with airport management.
A. ROLES AND RESPONSIBILITIES
1. Primary Duties: Morning security sweeps, response to TSA calls, Aviation Worker
Screening, alarm response, and other assigned duties.
2. Routine Enforcement: Parking, traffic, curb enforcement, and response to
disturbances and emergencies in and around the terminal.
3. Emergency Response: Officers will respond to medical emergencies, accidents, and
incidents requiring immediate law enforcement intervention, with coordination for
support from local, state, and federal agencies as needed.
Page 125 of 200
B. INTERAGENCY COMMUNICATION
1. All issues requiring interpretation of the agreement will be resolved in consultation
between the Airport Director and the Chief of Police.
2. Emergency communications will utilize designated channels in coordination with
Incident Command Post, and the Tri Cities Air Traffic Control Tower (ATCT).
C. TRAINING AND CERTIFICATION
1. PPD officers assigned to the airport will undergo required TSA and FAA training,
including initial airport security procedures and annual recertification. Training will
cover TSA required responses and FAA regulations.
2. Additional training in local protocols, communication procedures, and coordination
with the Airport Operations Specialist will be provided on an ongoing basis.
D. EQUIPMENT AND RESOURCE
1. PPD officers will use airport provided communication devices to maintain awareness
of alarms and calls.
2. All necessary law enforcement equipment, including communication tools, personal
protective equipment, and firearms, will be maintained to comply with City
standards.
E. STAFFING AND SHIFTS
1. Four PPD officers will be assigned to 10.67-hour shifts to cover the airport’s
operational needs from TSA opening at 3:15 AM until the final outbound flight
departs. These times may vary slightly as TSA openings are adjusted.
2. Any deviations from the required staffing levels will be communicated to both the
Airport Director and the Chief of Police to address operational gaps promptly.
F. INCIDENT RESPONSE AND COMMAND
1. The assigned PPD officer at the scene will serve as Incident Commander until
relieved by a supervisor or other designated authority.
2. For major incidents, a unified command structure will be implemented with
representation from the Port, TSA, and other relevant entities.
G. AMENDMENT AND DISPUTE RESOLUTION
1. Amendments to this operating plan shall be agreed upon in writing by the Chief of
Police and the Airport Director.
2. Any disputes regarding interpretation or execution of the agreement will follow the
dispute resolution procedures outlined in the interlocal agreement.
Page 126 of 200
H. MAINTENANCE OF RECORDS
1. The Pasco Police Department will be responsible for maintaining all police records.
2. These records will include training certifications, incident reports, response times,
and any additional records as needed.
3. Records will be kept in accordance with public records legislation and will be made
available to the Port and TSA representatives upon request.
Page 127 of 200
Exhibit B
The City of Pasco and the Port of Pasco
Date: November 21, 2024
1.Response Time and Staffing Support: The City of Pasco (City) will ensure a 10-minute
response time to the Transportation Security Administration (TSA) security checkpoint at
the Tri-City Aiport (TCA) for all mandated times during the transition period.
Furthermore, the City will collaborate with TCA to allow the use of TCA's part-time
staff, as deemed appropriate, to enhance efficiency during the transition.
2.Phased Staffing Plan and Billing Rates: The City will phase in the assignment of police
officers to the Tri-City Airport (TCA) throughout the 2025 calendar year. As officers are
assigned full-time to TCA, the City will bill the Port of Pasco (Port) at the following
rates:
o Standard Salary Rate (including benefits): $79.50 per hour
o Overtime Rate (for officers assigned to TCA): $98.50 per hour
3.Staffing Shortage and Academy Training: In the event that the Pasco Police
Department (PPD) does not have sufficient staffing to fill four officer positions by
February 1, 2025, the PPD will recruit and send additional police officers to the police
academy. The Port will be billed 50% of the cost for each new officer’s training at the
police academy, as outlined in the collective bargaining agreement between the City of
Pasco and the Pasco Police Officers' Association, for the duration of the officer's training.
4.One-Time Setup Fee: A one-time setup fee for the City to provide police services to
TCA will be $58,600, which will be billed directly to TCA.
5.Equipment Replacement Fees: The City will negotiate with the Port regarding any
necessary equipment replacement fees.
Page 128 of 200
Ordinance – 2025 – 2026 Operating Budget Amendment - 1
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
AMENDING THE 2025-2026 BIENNIAL OPERATING BUDGET
(ORDINANCE NO. 4749), BY PROVIDING SUPPLEMENT THERETO; TO
PROVIDE ADDITIONAL APPROPRIATION IN THE CITY’S GENERAL
FUND, ALLOCATING FUNDING FOR THE ADDITION OF FOUR FULL-
TIME EMPLOYEES TO THE POLICE DEPARTMENT STAFFING TO
ENSURE EFFECTIVE COLLABORATION WITH AIRPORT AND FEDERAL
AUTHORITIES AND IMPROVE PUBLIC SAFETY SERVICES.
WHEREAS, on December 9, 2024, the Pasco City Council approved Ordinance No. 4749,
adopting the 2025-2026 Biennial Operating Budget; and
WHEREAS, the 2025-2026 Biennial Operating Budget included the Police Department
operations in the amount of $50,067,449 for expenditures related to cost of labor, supplies and
services necessary to provide public safety to the community; and
WHEREAS, current projected costs exceed the originally anticipated costs, due to the
creation of an interlocal agreement with the Port of Pasco for the provision of airport police service
that requires the addition of four police officers and their associated labor costs, anticipated
training, equipment, supervision and administrative costs; and
WHEREAS, the first year of interlocal agreement requires a period of incremental staff
assignment to airport security based on completion of basic law enforcement academy and field
office training that will not be fully reimbursed by the Port of Pasco; and
WHEREAS, four (4) full time equivalent positions will be a City expense but not fully
dedicated to airport, interlocal agreement revenues for initial year of service will be less than full
cost of four positions.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. Pursuant to RCW 35A.34.200, as follows:
Fund EXPENDITURE REVENUE
GENERAL Fund $1,509,787 $1,397,225
Total $1,509,787 $1,397,225
Page 129 of 200
Ordinance – 2025 – 2026 Operating Budget Amendment - 2
Section 2. That the additions in appropriations and expenditures are hereby declared
to exist in the above funds for the said uses and purposes as shown above, and the proper City
officials are hereby authorized and directed to issue warrants and transfer funds in accordance
with the provision of the Ordinance.
Section 3. Except as amended herein, Ordinance No. 4749 as previously adopted
heretofore shall remain unchanged.
Section 4. 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 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 regulations; or
numbering or referencing of ordinances or their sections and subsections.
Section 6. Effective Date. This Ordinance, being an exercise of a power specifically
delegated to the City legislative body, is not subject to referendum, and 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 ______,
2025.
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Published: ___________________________
Page 130 of 200
AGENDA REPORT
FOR: City Council November 20, 2024
TO: Adam Lincoln, City Manager City Council Regular
Meeting: 1/6/25
FROM: Kevin Crowley, Fire Chief
Fire Department
SUBJECT: *Resolution No. 4551 - Fire Training Center Use Agreement Franklin
County Fire District No. 3 (5 minutes)
I. ATTACHMENT(S):
Proposed Resolution
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION:City the authorizing 4551, No. approve to move I Resolution
Manager to sign and execute the Fire Training Center Use Agreement with the
Franklin County Fire District No. 3 located at 1011 East Ainsworth, Pasco,
Washington.
III. FISCAL IMPACT:
Revenues: $7,210 per year; increasing by 3% per year, for five years.
IV. HISTORY AND FACTS BRIEF:
The City leases, manages, operates, and maintains the Fire Training Center
and the property that the Training Center is situated on. It includes includes
land, buildings, and all other improvements related thereto which are located
on the site at 1011 E. Ainsworth Ave., Pasco Washington.
Franklin County Fire District No. 3 (FCFD#3) has expressed interest in using
the Fire Training Center as a centralized training facility for the purpose of
providing a proper environment that is fundamental for maintaining a level of
knowledge and skill required for basic and advanced firefighter skills.
The City will be responsible for scheduling use of the Fire Training Center,
should there be a scheduling conflict, the City's proposed training time for its
personnel shall control.
Page 131 of 200
V. DISCUSSION:
Staff recommends approval of the Fire Training Center Use Agreement.
Page 132 of 200
Resolution – FCFD#3 Fire Training Center Use Agreement - 1
RESOLUTION NO. ____
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE CITY MANAGER TO SIGN AND EXECUTE THE FIRE
TRAINING CENTER USE AGREEMENT WITH THE FRANKLIN COUNTY
FIRE DISTRICT NO. 3 LOCATED AT 1011 EAST AINSWORTH, PASCO,
WASHINGTON.
WHEREAS, the City of Pasco (City) and Franklin County Fire District No. 3 (FCFD#3)
have determined that it would be in the public's best interest for both governmental agencies to
enter into a use agreement. This agreement allows the District use of the City’s Fire Training
Center. The Fire Training Center will provide a proper environment for developing and
maintaining the knowledge and skill required to successfully perform the basic and advanced skills
needed for firefighters and fire officers; and
WHEREAS, the City and FCFD#3 have determined that a usage agreement for the Fire
Training Center will reduce the operational and maintenance costs for both agencies; and
WHEREAS, the City Council of the City of Pasco, Washington, has after due
consideration, determined that it is in the best interest of the City of Pasco to enter into Fire
Training Center Use Agreement with FCFD#3.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City Council of the City of Pasco approves the terms and conditions of the Fire
Training Center Use Agreement between the Franklin County Fire District No. 3 and the City of
Pasco; a copy of which is attached hereto and incorporated herein by reference as Exhibit A.
Be It Further Resolved that the City Manager, or designee, of the City of Pasco,
Washington, is hereby authorized, empowered, and directed to sign and execute said Agreement
on behalf of the City of Pasco; and to make minor substantive changes as necessary to execute the
Agreement.
Be It Further Resolved that this Resolution shall take effect immediately.
Page 133 of 200
Resolution – FCFD#3 Fire Training Center Use Agreement - 2
PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____,
2025.
_____________________________
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 134 of 200
Fire Training Center Use Agreement - 1
PASCO FIRE DEPARTMENT
AND
FRANKLIN COUNTY FIRE PROTECTION DISTRICT NO. 3
FIRE TRAINING CENTER USE AGREEMENT
THIS AGREEMENT is entered into on the date set forth below by and between the City
of Pasco ("City") and Franklin County Fire Protection District No. 3 ("District"), for entering into
a use agreement for the use of the Fire Training Center.
WHEREAS, the City and District have determined that ever-changing technology in fire
suppression, emergency medical and fire prevention service require firefighters to be
knowledgeable and proficiently trained.
WHEREAS, the City and District have determined that it would be in the public's best
interest for both governmental agencies to enter into a use agreement. This agreement allows the
District use of the City of Pasco’s Fire Training Center. The Fire Training Center will provide a
proper environment for developing and maintaining the knowledge and skill required to
successfully perform the basic and advanced skills needed for firefighters and fire officers.
WHEREAS, the City and District have determined that a usage agreement for the Fire
Training Center will reduce the operational and maintenance costs for both agencies.
NOW, THEREFORE, in consideration of the mutual benefits and covenants contained in
this agreement, the parties hereto covenant and agree as follows:
1. Parties. The City of Pasco and Franklin County Fire Protection District No. 3 are
parties to this agreement in their respective capacities as fire departments and fire
protection districts. Each party is responsible for providing the citizens of the City and
District with numerous services, which include basic and advanced emergency medical
care and transportation, fire suppression, prevention and investigation, technical land and
water rescue services, and hazardous materials response within the parties’ respective
response jurisdictions.
2. Initial Terms. The term of this agreement shall be from the executed date of this
agreement and will expire on December 31, 2030, unless terminated in writing sooner as
provided herein. Note that either party can terminate this agreement upon 90-day written
notice. The parties may agree to extend this agreement by adding an appendix to this
agreement in the form of a letter that both parties sign and date.
3. Fire Training Center Use. It is hereby agreed that the City will permit the District
to use the Fire Training Center as a centralized training center for the purposes of providing
a proper environment that is fundamental for maintaining a level of knowledge and skill
required for basic and advanced firefighter skills.
Page 135 of 200
Fire Training Center Use Agreement - 2
4. Scheduling. All scheduling for use of the Fire Training Center will be the sole
responsibility of the Fire Chiefs of the City. Where scheduling conflicts arise, the City’s
proposed training times for its personnel shall control. The City shall not unreasonably
deny the Fire District’s proposed training times. Use by the District shall only be restricted
to the needs of the City, including City training and maintenance, and to the extent as
required by local, state, and federal laws and regulations.
5. Management and Ownership. The City leases, manages, operates, and maintains
the Fire Training Center and the property the training center is situated on, such property
shall include land, buildings, appurtenance, and all other improvements related thereto
which are located on the site at 1101 E. Ainsworth Ave, Pasco Washington.
(a) Under the terms of the use agreement, the District has access to and use of
the following facilities:
(1) The training building prop.
(2) The metal building located adjacent to the training building prop.
(3) The classroom located adjacent to the Emergency Operations
Center.
(4) The bay area where the command simulator is located.
(5) The room next to the bay with the SCBA confidence course.
(6) A bailout escape training prop.
(7) The use of any new training props or facilities that are added to the
Fire Training Center during this agreement.
(b) Under the terms of the use agreement, the District will be responsible for
the following:
(1) Ensure the Fire Training Center is left in a clean and organized
manner after every use.
(2) Properly dispose of any scrap material and replace used items,
leaving the Fire Training Center in a ready state.
(3) The purchase and supply of any training materials used by the
District.
(4) Secure the Fire Training Center after every use.
Page 136 of 200
Fire Training Center Use Agreement - 3
6. Budget - Revenues and Expenditures. The City will be reimbursed wholly
(100%) by the District for expenses incurred which are not causally linked to City action
and that are related to District use of the Fire Training Center under the terms of this
agreement.
(a) The City may accept in-kind donations in lieu of charges, as deemed
acceptable by the City or the Fire Chief. The City shall determine the fair market value of
any in-kind donations and deduct the same from required charges. The City of Pasco and
the Fire Chief shall determine the acceptance or denial of in-kind donations in lieu of
charges.
(b) All capital improvements to the Fire Training Cetner or grounds and the
costs associated with capital improvements are the responsibility of the City.
7. Losses and Damage. The District waives any and all claims, suits and causes of
action against the City of Pasco and the Pasco Fire Department for any property loss or
damage done to Agency’s property, whether real, personal, or mixed, occasioned by
Agency’s activities at the Fire Training Center. It shall be the Agency’s responsibility to
provide its own protection against casualty losses of whatsoever kind or nature, regardless
of whether or not such loss is occasioned by the acts or omissions of the City of Pasco and
Pasco Fire Department, the Agency, third party, or act of nature.
(a) Pasco Fire Department Property Damage: The District shall compensate the
City of Pasco and Fire Department, for any and all damages to the Fire Training Center
and the City property occasioned by the District or anyone at the Fire Training Center in
connection with the District’s use of the Fire Training Center, ordinary wear and tear
excepted.
(b) Indemnity and Hold Harmless: The District agrees that it will protect, save,
defend, hold harmless and indemnify the City of Pasco and the Pasco Fire Department, its
employees, officers, and agents from any and all demands, claims, judgments, or liability
for loss or damage arising as a result of accidents, injuries, or other occurrences, (except
for losses or injuries occurring as the result of the sole negligence of the City of Pasco or
Pasco Fire Department.), regardless of who the injury party may be. For purposes of this
agreement, the District expressly waives its immunity under Title 51 of the Revised Code
of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that
the obligations to indemnify, defend and hold harmless provided in this agreement extend
to any claim brought by or on behalf of any employee of the District. This waiver is
mutually negotiated by the parties to this Agreement.
8. Liens. Neither the City, nor the District, shall contract any debt or debts for labor,
materials, and services or otherwise take any action on the Fire Training Center, which
may allow a lien to be placed against the District or City, except to the extent there is a
medical emergency affecting District employees.
Page 137 of 200
Fire Training Center Use Agreement - 4
9. Initial and Annual Payment. Upon mutual adoption of this agreement, the District
shall immediately contribute Seven Thousand dollars ($7,000) as the initial user’s fee. The
annual user’s fee shall be seven thousand two hundred ten dollars ($7,210), increasing by
3% per year and to be provided in a lump sum payment by April 30th of each year thereafter.
The annual user’s fee will be used to cover the cost of ongoing repairs and maintenance.
10. Termination. This agreement may be terminated as follows:
(a) By either party upon 90-days written notice or at the expiration of the initial
term of five (5) years; or
(b) By either party for cause upon thirty (30) days prior written notice may
terminate in the event of violation by the other party of any of the provisions of this
agreement. The violating party shall first be given thirty (30) days from such written notice
of termination to correct such violation, and if such correction is made within the thirty
(30) day period, this agreement shall not be terminated. Such opportunity and period of
correction shall not be available for second and succeeding violations of the same provision
of this agreement; or
(c) By mutual agreement of the parties.
Upon termination, the District will receive their prorated portion of their annual fee back
from the City.
11. Insurance. Both parties agree to provide and maintain general liability
insurance at all times during the course of this agreement. The purpose of this insurance
to ensure that each agency has proper General Liability insurance covering premises,
products-completed operations, and contractual liability. The City of Pasco will be
named as an additional insured on the user’s (Franklin County Fire District 3) General
Liability insurance policy using ISO form CG 20 11, or coverage at least as broad. The
General Liability insurance limits will be no less than $1,000,000 each occurrence and
$2,000,000 general aggregate. Nothing in this section shall be construed as limiting the
parties’ responsibilities under Paragraph 14.
12. Indemnification. The District shall defend, indemnify, and hold harmless the City,
its officers, officials, employees, and volunteers harmless from any and all claims, injuries,
damages, losses, or suits including attorney fees, arising out of, or resulting from the acts,
errors, or omissions of the District in performance of this Agreement, except for injuries
and damages caused by the sole negligence of the City.
(a) However, should a court of competent jurisdiction determine that this
Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising
out of bodily injury to persons or damages to property caused by or resulting from the
concurrent negligence of the District, and the City, its officers, officials, employees, and
volunteers, the District’s liability, including the duty and cost to defend, hereunder shall be
only to the extent of the District’s negligence. It is further specifically and expressly
Page 138 of 200
Fire Training Center Use Agreement - 5
understood that the indemnification provided herein constitutes the District’s waiver of
immunity under Industrial Insurance, Title 51 RCW, solely for purposes of this
indemnification. This waiver has been mutually negotiated by the parties. The provisions
of this section shall survive the expiration or termination of this Agreement.
(b) No liability shall attach to the City by reason of entering into this Agreement
except as expressly provided herein.
(c) This indemnification shall include damages, penalties and attorney fees
caused by District’s delayed or failed performance.
13. Notices. All notices, offers or other communications required or permitted to be
given pursuant to this agreement shall be in writing and shall be considered as properly
given or made if personally delivered or mailed from within the United States by first class
United States mail, postage prepaid, to the address set forth as to such party to this
agreement. Either party may change its address by giving notice in writing stating its new
address to the other party. Commencing on the 10th day after the giving of notice, the newly
designated address shall be the party’s address for purpose of all notices or other
communications required or permitted to be given pursuant to this agreement.
City of Pasco
525 North 3rd Avenue
Pasco, WA 99301
(crowleyk@pasco-wa.gov)
Franklin County Fire District 3
7809 North Road 36
Pasco, WA 99301
(fcfd3@fcfd3.org)
14. Successors. This agreement and all the terms and provisions of it shall be binding
and shall inure to the benefit of the parties and their legal representatives, heirs, and
successors, except as otherwise expressly provided for in this agreement.
15. Construction. This agreement shall be construed in conformity with the laws of
the State of Washington. This Agreement sets forth the entire understanding and
agreement of the parties relating to the subject matter hereof. This Agreement shall be
construed as a whole. The captions and headings herein are for convenience only and shall
not be relied upon or used to interpret/construe this Agreement or any portion thereof. Each
party signing this Agreement acknowledges that they participated in the drafting of this
Agreement and, as such, this Agreement shall not be presumptively interpreted/construed
in favor of nor against any particular party, but rather this Agreement shall be given an
objectively fair and reasonable interpretation and construction in light of and in accordance
with its express terms and provisions.
Page 139 of 200
Fire Training Center Use Agreement - 6
16. Consent. Whenever the consent of either party is required, that party agrees
to exercise good faith in granting or withholding of the consent in a manner believed
by the parties to be in the best interest of this agreement.
17. Dispute Resolution. If a dispute arises out of or relating to this agreement
or the breach of this agreement and if the dispute cannot be settled through direct
discussions between the Fire Chiefs of the City and District, the parties agree to
first endeavor to settle the dispute in an amicable manner through discussions
between the City Manager of the City of Pasco and the Chairman of the Board of
Franklin County Fire District No. 3. If a resolution is still not agreed upon, the
remaining dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended,
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 each other.
The parties stipulate that Franklin County Superior Court is the appropriate venue, should
judicial relief be required. Any disputes shall be governed by the laws of the State of
Washington.
18. Severability. If any provision of this agreement shall be held invalid, such
invalidity shall not affect the remaining provisions of this agreement which can be
given effect without the invalid provision, and to this end the provisions of this
agreement are declared to be severable.
19. Modifications and Amendments. This agreement may be waived,
changed, modified, or amended only by written agreement executed by the City
Manager and the District.
20. Entire Agreement. This agreement sets forth in full the entire agreement
of the parties, and any other verbal or written agreements, representations or
understandings are hereby deemed to be null and void and of nor force and effect
whatsoever.
Page 140 of 200
Fire Training Center Use Agreement - 7
IN WITNESS, the parties have executed this Agreement as of the day and year first
written above.
CITY OF PASCO FRANKLIN COUNTY FIRE
DISTRICT NO. 3
___________________________________ ____________________________________
Adam Lincoln, Glen Clifford, Commission Chair
City Manager
Approved as to Form: Approved as to Form:
_______________________________ ___________________________________
Eric Ferguson, Attorney for City of Pasco Heidi Ellerd, Attorney for Franklin County
Fire Protection District No. 3
Page 141 of 200
AGENDA REPORT
FOR: City Council October 20, 2024
TO: Adam Lincoln, City Manager City Council Regular
Meeting: 1/6/25
FROM: Craig Raymond, Deputy Director
Community & Economic Development
SUBJECT: *Resolution No. 4552 - Setting a Date to Consider a Notice of Intent to
Commence Annexation Proceedings for Urbach Kau Trail Annexation
(ANX 2024-004) (3 minutes)
I. ATTACHMENT(S):
Proposed Resolution
Notice of Intent to Commence Annexation, including Exhibits A & B
Overview Map
Vicinity Map
Power Point Presentation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. 4552, setting 7:00 PM, January
21, 2025, as the time and date for a public meeting with the initiators to
consider the Urbach Notice of Intent to Commence Annexation of property
located southeast of the intersection of Road 68 and Kau Trail Road in Pasco,
WA.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
The owners of Parcel No. 115150079 and one-third owner of Parcel No.
115150089, property located east of Road 68 and south of Kau Trail Road in
Section 4, Township 9N, Range 29 E.W.M, have submitted a Notice of Intent to
Commence Annexation of an area consisting of Parcels Nos. 115150079 and
115150089, more specifically described in Exhibit A, in Franklin County, WA
99301.
The Notice of Intent has been reviewed by staff and has been determined to
Page 142 of 200
contain sufficient signatures to initiate the annexation process. Notices of Intent
are required to contain the signatures of property owners 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 64%
of the assessed value within the proposed annexation area.
Staff has notified the Franklin County Planning and Building Department, and
Public Works Department, and the City of Pasco Public Works Department,
and Engineering Division. At the future public meeting City Council will hold to
consider this annexation, staff will likely request the area to be annexed be
modified to include Parcel No. 115120020 and the entire right-of-way of Kau
Trail Road from the intersection of Road 68 to the eastern property boundary of
Parcel No. 115150079.
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.
The next available date to consider commencing the annexation process is
January 21, 2025.
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 143 of 200
Resolution: - ANX 2024-004 - Urbach - 1
RESOLUTION NO. _____
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
SETTING 7:00 PM JANUARY 21, 2025, AS THE TIME AND DATE FOR A
PUBLIC MEETING WITH THE INITIATORS TO CONSIDER THE URBACH
NOTICE OF INTENT TO COMMENCE ANNEXATION OF PROPERTY
LOCATED SOUTHEAST OF THE INTERSECTION OF ROAD 68 AND KAU
TRAIL ROAD IN PASCO, WA.
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 annex lands; and
WHEREAS, pursuant to RCW 35A.14.120, prior to the City circulating a petition to
annex, notice of intent to commence annexation must be made to the Pasco City Council by the
owners of at least ten (10) percent of the assessed value of the property to be annexed; and
WHEREAS, the owners of property in a portion of the North 1/2 of the South 1/2 of the
Southeast 1/4 of Section 4, Township 9 North, Range 29 East, W. M., EXCEPT the East 1928.3
feet, and EXCEPT the North 30 feet for Roads, and EXCEPT the West 350 feet thereof (Franklin
County Parcel 115150079), in Pasco, Washington 99301; and A portion of the West 350 feet of
the North 1/2 of the South 1/2 of the Southeast 1/4 and portion of the North 1/2 of the Southeast
1/4 of the Southwest 1/4, lying easterly of the easterly margin line of Road 68, in Section 4,
Township 9 North, Range 29, East, W.M (Franklin County Parcel No. 115150089), in Pasco,
Washington, have filed a Notice of Intent to Commence Annexation to the City of Pasco; and
WHEREAS, pursuant to RCW 35A.14.120 the Notice of Intent to Commence Annexation
contains the signatures of property owners representing at least ten (10) percent of the assessed
value of an area proposed for annexation; and
WHEREAS, upon receipt of a Notice of Intent to Commence Annexation the Council is
required by RCW 35A.14.120 to set a date to hold a meeting with the initiating parties 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.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That a public meeting with the initiators to consider a Notice of Intent to Commence
Annexation of property located southeast of the intersection of Road 68 and Kau Trail Road in
Pasco, WA, as described in Exhibit A and depicted in Exhibit B, attached hereto, will be held
before the City Council of the City of Pasco, in the Council Chambers, at 525 North Third Avenue,
Pasco, Washington, at 7:00 p.m., January 21, 2025.
Page 144 of 200
Resolution: - ANX 2024-004 - Urbach - 2
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 _____,
2025.
_____________________________
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 145 of 200
Overview
Map
Item: Annexation - Southeast of Kau Trail Road and Road 68
Applicant(s): Phillip & Lynn Urbach
File #: ANX2024-004
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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 148 of 200
1.Please print your name in addition to signing.
Page 149 of 200
EXHIBIT "A"
DRAFT Legal - Urbach/Kau Trail/Road 68 Annexation -ANX 2024-004
Parcel 115150079
The North half of the South half of the Southeast quarter of Section 4, To wnship 9 North, Range 29 East,
W.M., EXCEPT the East 1928.3 feet, and EXCEPT the North 30 feet for Roads, and EXCEPT the West 350
feet thereof.
Parcel 115150089
Portion of the West 350 feet of the North half of the South half of the Southeast quarter and portion of
the North half of the Southeast quarter of the Southwest quarter, lying easterly of the easterly margin line
of Road 68, in Section 4, Township 9 North, Range 29, E.W.M., defined as follows:
Beginning at the South quarter corner of said section; Thence North 2°00' East along the North-South
center of section line, 1351.02 feet to the Northwest corner of the Southwest quarter of the Southeast
quarter of said section; Thence Southerly 89°28' East along the Northerly line thereof, 30.01'; Thence
leaving said Northerly line Southerly 2°00' West, 30.01' to a point on the Southerly margin of Kau Trail
Road and the true point of beginning;
Thence Southerly 89°28' East along said Southerly margin, 320.11 '; Thence leaving said Southerly margin
Southerly 2°00' West, 645.96'; Thence Northerly 89°23' West, 378.72' to the Easterly margin of Road 68;
Thence Northerly 14°05' West along said Easterly margin, 321.71 '; Thence Southerly 89 °28' East, 147.83';
Thence Northerly 2°00' East, 334.05' to the true point of beginning, all in Franklin County, State of
Washington .
Subdivided and created in the subdivision of Parcel No. 115-150-088 on February 9th, 2010.
Page 150 of 200
Item: Annexation -Southeast of Kau Trail Road and Road 68 N "Exhibit B" Applicant(s): Betty Urbach, c/o Jeff Smart1' File #: ANX 2024-004 � Budsage Dr
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Affidavit of Signature for
Annexation Notice of Intent and Petition
Under the penalty of perjury, J declare under oathj_at I am �:ized to sign deeds andencumbrances on behalf oft\/�. \lXY)U,S)\ � Y\\� 1Q \ Vllt Y\arid I am further authorized to sign other documents including Notices of lntent�nd Petitions.
Sign re Date
State of Washington
:J;rodJv):ss.
Countyof�)
I certify that I know or have satisfactory evidence that + is the person who appeared
before me, and said person acknowledged that (he/she) signed this instrument, on oath stated that
(he/she) was authorized to execute the instrument and acknowledged it as
the C:)\>='{'f:� of� , ?'f"10t� to be the free and voluntary act
of such party for the uses and purposes mentioned in theinst ent. b°'--\:31\f\._ \;Y\Q)J:j\__ "+' 711 1 l\ 1p A. l)r�
Given under my hand and official seal this \� day of �T
JESSICA D JACKMAN NOTARY PUBLIC #20888STATE OF WASHINGTONCOMMISSION EXPIRES-FEBRUARY 19, 2Q26
Commission Expires: --'=-"'-.+-L....L��"""'--""1--Jessica Jac:Uman
Page 152 of 200
ANX 2024-004 –
Urbach -Kau Trail & Road 68
Annexations (RCW 35A.14.120, PMC 25.220)
➢Prior to circulation of a petition for annexation, the initiating party, who shall be the
owners of not less than 10% value of the property for which annexation is sought, shall
notify the City Council in writing of their intention to commence annexation proceedings.
Jeff Smart on behalf of Phillip &Lynn Urbach has submitted a 10% Notice of Intention to
Commence Annexation Procedures (ANX2024-004) for an area consisting of:
-Parcel 115150079 and
-Parcel 115150089
The subject area is located east of Road 68 and south of Kau Trail Road in Section 4,
Township 9N, Range 29 E.W.M
Phillip & Lynn Urbach represent 64% of the assessed value of the proposed annexation
area
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➢The legislative body shall set a date, not later than sixty days after the filing of the
request, for a meeting with the initiating parties to determine whether the City
Council will accept, reject, or geographically modify the proposed annexation.
Staff recommends that City Council approve a Resolution setting 7:00 PM,
January 21, 2025, as the time and date for a public meeting to consider a
Notice of Intent to Commence Annexation Proceedings for the Urbach - Kau
Trail & Road 68 annexation area.
ANX 2024-004 – Urbach - Kau Trail & Road 68
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AGENDA REPORT
FOR: City Council December 27, 2024
TO: Adam Lincoln, City Manager City Council Regular
Meeting: 1/6/25
FROM: Jesse Rice, Director
Parks & Recreation
SUBJECT: *Resolution No. 4553 - GESA Stadium Assignment and Assumption of
Lease Agreement (5 minutes)
I. ATTACHMENT(S):
Resolution
Assignment and Assumption Lease Agreement - City of Pasco, Northwest
Baseball Ventures I, and DBH Tri-City,
2023-2033 GESA Stadium Lease Agreement
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION:authorizing 4553, No. Resolution I to move the approve City
Manager to Execute an Assignment and Assumption of Lease Agreement
between Northwest Baseball Ventures I, LLC and DBH Tri-City, LLC and the
City of Pasco for GESA Stadium.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
an renewed LLC I, Ventures Baseball and City the 2023, In Northwest
agreement to lease GESA Stadium additional 10 years, plus option to extend
an additional 10 years to maintain a Minor League Baseball team in the Tri-
Cities area.
V. DISCUSSION:
Since the 2023 renewal of the lease agreement, Northwest Baseball Ventures
I, with approval of Major League Baseball has sold the Tri-Cities Dust Devils
Baseball Team to Diamond Baseball Holdings. Pursuant to the provisions of
the current Lease Agreement, Northwest Baseball Ventures I is requesting the
Page 156 of 200
City allow the transfer of the lease to Diamond Baseball Holdings via an
Assignment and Assumption of Lease Agreement.
Per the lease provisions, Section XVIII.D,
Assignment. Tenant shall have the right to assign this Lease or let or
sublet the whole or part of the Premises with the written consent of City,
which consent may not be unreasonably withheld. Notwithstanding the
foregoing, City shall consent to any assignment or sublease of this Lease
by Tenant: (a) to any entity controlled by Tenant that owns the Team; and
(b) to any purchaser of the Team that (i) has been approved by MLB PDL,
and (ii) has retained a management team with prior experience managing
a professional sports team to operate such team. Any purported
assignment or sublet shall be of no effect if not consented to by City. Any
assignment or sublet of this Lease shall not extinguish or diminish the
liability of Tenant hereunder.
Both Northwest Baseball Ventures I and Diamond Baseball Holdings have
already signed the Assignment and Assumption of Lease Agreement.
Staff is asking City Council to consider the request for lease transfer and
approve a resolution authorizing the City Manager to complete the Assignment
and Assumption of Lease Agreement.
Page 157 of 200
Resolution – GESA Stadium Lease Assignment - 1
RESOLUTION NO. _________
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE CITY MANAGER TO EXECUTE AN ASSIGNMENT
AND ASSUMPTION OF LEASE AGREEMENT BETWEEN NORTHWEST
BASEBALL VENTURES I, LLC, AND DBH TRI-CITY, LLC, FOR GESA
STADIUM
WHEREAS, the City of Pasco (City) entered into a Lease with Northwest Baseball
Ventures I, LLC, (Tenant) for GESA Stadium, the “Premises”, in 2023 for an initial term of 10
years, plus one option 10-year term; and
WHEREAS, the Lease included Section XVIII.D Other Provisions, which includes the
provision for the Tenant to assign the Lease to the purchaser of the Team that has been approved
by MLB PDL, and retained a management team with professional sports team management
experience; and
WHEREAS, the Tenant has sold the team to DBH Tri-City, LLC with approval of MBL
PDL and is retaining a management team with professional sports team management experience;
and
WHEREAS, the Tenant and new owner DBH TRI-CITY, LLC have agreed to and signed
an Assignment and Assumption of Lease Agreement; and
WHEREAS, the City Council of the City of Pasco, Washington, has after due
consideration, determined it is in the best interest of the City of Pasco to execute the Assignment
and Assumption of Lease Agreement between Northwest Baseball Ventures I, LLC, DBH Tri-
City, LLC, and the City to maintain MBL PDL presence at GESA Stadium.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City Council of the City of Pasco approves the terms and conditions of the
Assumption of Lease Agreement between Northwest Baseball Ventures I, LLC, DBH Tri-City,
LLC, and the City of Pasco; a copy of which is attached hereto and incorporated herein by
reference as Exhibit A.
Be It Further Resolved that the City Manager of the City of Pasco, Washington, is hereby
authorized, empowered, and directed to sign and execute said Lease Agreement on behalf of the
City of Pasco; and to make minor substantive changes necessary to execute the Lease.
Be It Further Resolved, that this Resolution shall take effect immediately.
Page 158 of 200
Resolution – GESA Stadium Lease Assignment - 2
PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____,
2025.
_____________________________
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 159 of 200
1
US-DOCS\155669113.1
ASSIGNMENT AND ASSUMPTION OF LEASE AGREEMENT
This ASSIGNMENT AND ASSUMPTION OF LEASE AGREEMENT (this
“Agreement”), entered into as of December 16, 2024 (the “Effective Date”), is made by and
between Northwest Baseball Ventures I, LLC, a Washington limited liability company
(“Assignor”) and DBH Tri-City, LLC, a Delaware limited liability company (“Assignee”).
Capitalized terms used, but not otherwise defined, herein shall have the meanings ascribed to such
terms in the Purchase Agreement (defined below).
RECITALS
WHEREAS, Assignor is the lessee under that certain Baseball Stadium Lease, dated
December 18, 2023, by and between City of Pasco, a Washington municipal corporation, as
landlord (“City”), and Assignor, as tenant (the “Lease”);
WHEREAS, Assignor, certain affiliates of Assignor, Assignee and certain affiliates of
Assignee have entered into that certain Asset Purchase Agreement, dated as of November 15, 2024
(the “Purchase Agreement”), pursuant to which Assignor has agreed to assign to Assignee all of
Assignor’s right, title and interest in and to the Lease.
NOW, THEREFORE, in consideration of the mutual covenants and undertakings
contained herein and in the Purchase Agreement, and subject to and on the terms and conditions
herein set forth and intending to be legally bound hereby, Assignor and Assignee agree as follows:
AGREEMENT
1. Assignment. Assignor hereby grants, conveys, assigns and transfers to Assignee,
all of Assignor’s right, title and interest in and to the Lease as of the Effective Date.
2. Approval by MLB PDL; Retention of Management Team. Pursuant to Section
XVIII.D of the Lease, Assignor hereby warrants that it has received all necessary approvals from
MLB PDL in connection with the transactions contemplated by the Purchase Agreement, including
the assignment of the Lease from Assignor to Assignee. Pursuant to Section XVIII.D of the Lease,
Assignee hereby warrants that it has retained a management team with prior experience managing
a professional sports team to operate the Team (as such term is defined in the Lease).
3. Consent of City. Pursuant to Section XVIII.D of the Lease, City joins in the
execution and delivery hereof to evidence its consent to the assignment of the Lease from Assignor
to Assignee.
4. Acceptance and Assumption. Assignee hereby accepts and assumes all of
Assignor’s right, title and interest in and to the Lease from and after the Effective Date.
5. Representations and Warranties. Each of Assignor and Assignee hereby represents
and warrants that it has full power and authority to enter into this Agreement, and that no consents,
other than City’s consent and any necessary MLB PDL approvals, are required to enter into this
Agreement.
Page 160 of 200
2
US-DOCS\155669113.1
6. Enforceability. The unenforceability or invalidity of any provision of this
Agreement shall not affect the enforceability or validity of any other provision. If any provision of
this Agreement or the application of any such provision to any Person or circumstance shall be
declared by any court to be invalid, illegal, void or unenforceable in any respect, all other
provisions of this Agreement, or the application of such provision to Persons or circumstances
other than those as to which it has been held invalid, illegal, void or unenforceable, shall
nevertheless remain in full force and effect and will in no way be affected, impaired or invalidated
thereby. Upon such determination that any provision, or the application of any such provision, is
invalid, illegal, void or unenforceable, the parties hereto shall negotiate in good faith to modify
this Agreement so as to effect the original intent of the parties hereto as closely as possible to the
fullest extent permitted by applicable Law in an acceptable manner to the end that the transactions
contemplated hereby are fulfilled to the greatest extent possible.
7. Governing Law. All matters relating to the interpretation, construction, validity and
enforcement of this Agreement shall be governed by and construed in accordance with the
domestic Laws of the State of Washington without giving effect to any choice or conflict of Law
provision or rule (whether of the State of Washington or any other jurisdiction) that would cause
the application of Laws of any jurisdiction other than the State of Washington.
8. Amendments. This Agreement may not be amended, supplemented or otherwise
modified except (i) in a written instrument executed by each party hereto and (ii) upon the prior
receipt of all necessary PDL Approvals.
9. Successors and Assigns. The rights and obligations of this Agreement shall bind
and inure to the benefit of the parties hereto and their respective successors and permitted assigns.
10. No Third Party Beneficiaries. This Agreement is for the sole benefit of the parties
hereto and each of their permitted successors and assigns, and nothing herein expressed or implied
shall give or be construed to give any Person, other than the parties hereto and such permitted
successors and assigns, any legal or equitable rights hereunder.
11. Headings. The headings in this Agreement are for reference only and shall not
affect in any way the meaning or interpretation of this Agreement.
12. Counterparts. This Agreement and any amendments hereto may be executed and
delivered in counterparts, each of which shall be deemed an original, but all of which together
shall be deemed to be one and the same agreement. This Agreement and any amendments hereto,
to the extent signed and delivered by means of an electronic transmission in portable document
format (pdf), shall be treated in all manner and respects as an original thereof and shall be
considered to have the same binding legal effects as if it were the original signed version thereof
delivered in person. Minor variations in the form of the signature page, including footers from
earlier versions of this Agreement or any such other document, shall be disregarded in determining
any party hereto’s intent or the effectiveness of such signature. No party hereto shall raise the use
of electronic transmission in pdf to deliver a signature or the fact that any signature or document
was transmitted or communicated electronically as a defense to the formatio n of a contract, and
each such party hereto forever waives any such defense.
Page 161 of 200
3
US-DOCS\155669113.1
13. Further Assurances. Each party hereto agrees that it will, at any time and from time
to time, upon the written request of any other party, execute and deliver such further documents
(in recordable form, if appropriate under the circumstances) and do such further acts and things,
as the requesting party may reasonably request in order to effect the purposes of this Agreement.
[Remainder of Page Intentionally Left Blank]
Page 162 of 200
[Assignor - Signature Page to Assignment and Assumption Agreement]
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
date and year first above written.
ASSIGNOR:
NORTHWEST BASEBALL VENTURES I, LLC,
a Washington limited liability company
By:
Name: George H. Brett
Title: Manager
Page 163 of 200
[Assignee - Signature Page to Assignment and Assumption Agreement]
ASSIGNEE:
DBH TRI-CITY, LLC
By: ___________________________________
Name:
Title:
Page 164 of 200
[City - Signature Page to Assignment and Assumption Agreement]
CITY:
CITY OF PASCO
By: ___________________________________
Name:
Title:
Page 165 of 200
[Z 3!2025
BASEBALL STADIUM LEASE
THIS BASEBALL STADIUM LEASE ("Lease")is made and entered into this of
,2023,by and between the CITY OF PASCO,a Washington municipal corporation
E'City"),and NORTHWEST BASEBALL VENTURES I LLC,a Washington limited liability
company (the "Tenant").
RECITALS:
City owns certain real property in Franklin County,Washington,legally described in Exhibit A
attached hereto (the "Property"),upon which City has constructed a baseball stadium and related
improvements (the "Baseball Stadium").Tenant desires to lease from City,and City agrees to
lease to Tenant,the Property and Baseball Stadium (collectively the "Premises")on the terms and
conditions set forth herein.This Lease is intended to supersede and replace in its entirety that
certain Baseball Stadium Lease entered into by City and Tenant dated January 14,2008 (the "2008
Lease")and subsequent amendments thereto.By executing this Lease,City and Tenant agree that
the 2008 Lease shall be terminated effective
NOW,THEREFORE,City and Tenant hereby agree:
I.BALLPARK LEASE AND CONSTRUCTIONGUIDELINES
City leases to Tenant and Tenant leases from City,in accordance with the terms hereof,the
Premises (including the Baseball Stadium located thereon).
A.Tenant acknowledges that the City is a public entity and is subject to the Public
Records Act,RCW 42.56,and further,that the terms of this agreement are
subordinate to those provisions and con?dential information given to the City is
potentially subject to disclosure upon request.The City will make its best efforts
to avoid unnecessary disclosure but will ?llly comply with the provisions of RCW
42.56 or other laws as applicable,and further,will attempt to provide enough
advance notice to MLB PDL and Tenant of a request for public records related to
this Lease so as to allow an opportunity for MLB PDL and the Tenant to seek a
protective order.The City will not be liable for any damages to MLB PDL and
the Tenant as a result of the City’s reasonable efforts to comply with RCW 42.56
or other applicable laws.
B.Any contrary provisions containedherein notwithstanding:
a.This Lease and any rights granted to City or Tenant
hereunder shall in all respects be subordinate to the PDL
Rules and Regulations,as long as Tenant is party to the Tri
City Dust Devils PDL License Agreement that is in effect.
Page 166 of 200
The issuance,entering into,amendment or implementatio
nofanyofthePDLRulesandRegulationsshall be at no cost
or liability to any MLB PDL Entity or to any individual or
entity related thereto,or to City.The territory within which
City is granted rights under this Lease is limited to,and
nothing herein shall be construedas conferring on City rights
in areas outside of,the PDL Club Marketing Territory (as
de?ned in the Tri City Dust Devils PDL License
Agreement).No rights,exclusivities or obligations
involving the Internet or any interactive or on—linemedia (as
de?ned in the applicable PDL Rules and Regulations)are
conferred by this Lease,except as are speci?cally approved
in writing by MLB PDL.
City agrees that if the date upon which any termination or
suspension of this Lease falls during the regular season or
postseason,the effective date of such termination or
suspension shall be the ?rst day of the month following the
?nal home game of such season,and,in no event,shall City
terminate or suspend Tenant’s rights under this Lease during
any regular season or postseason.
If,at any time prior to the expiration of the term of this
Lease,this Lease is terminated by City for any reason (and
any legal action challenging the right of City to terminate
this Lease and seeking speci?c performance has either been
(i)?nally adjudicated by a court of competent jurisdiction as
evidenced by a ?nal non—appealable order or (ii)settled,
withdrawn or otherwise concluded,in either case solely with
respect to the request for speci?c performance)and the Tri
City Dust Devils PDL License Agreement has been
terminated,City agrees to offer to assign this Lease to any
replacement PDL Club identi?ed by MLB PDL to the extent
that such PDL Club is reasonably acceptable to City.To the
extent that this Lease is not so assigned,City agrees to meet
promptly with MLB PDL to work together to ascertain
whether a replacement PDL Club can be identi?ed,and if
such a PDL Club is so identi?ed,City shall offer to lease the
Premises to such PDL Club.
As long as Tenant is party to the Tri City Dust Devils PDL
License Agreement that is in effect,MLB PDL is an
intended third party bene?ciary of the provisions of this
Section I and each other provision in this Lease that prohibits
action without ?rst obtaining PDL Approval and,in addition
to its right to waive or enforce the provisions of this Section
Page 167 of 200
1,MLB PDL shall be entitled and have the right to waive or
enforce such other provisions that prohibit action without
?rst obtaining PDL Approval directly against any party
hereto (or their successors and permitted assigns)to the
extent that any such other provision is for the explicit bene?t
of MLB PDL or any other MLB PDL Entity.
6.Neither MLB PDL nor any other MLB PDL Entity shall
have any liability whatsoever to any Person for actions
taken pursuant to this Section I (other than for fraudulent
acts or willful misconduct with respect to this Section I by
MLB PDL),and City hereby releases MLB PDL and each
other MLB PDL Entity from any and all claims arising out
of or in connection with any such actions.Nothing
contained in this Lease shall create any duty on behalf of
MLB PDL or any other MLB PDL Entity to any other
Person.
II.DEFINED TERMS.
“Club”means the professional baseball club currently known as the Tri City Dust Devils.
“Commissioner”means the Commissioner of Baseball as elected under the Major League
Constitution or,in the absence of a Commissioner,any Person or body succeeding to the powers
and duties of the Commissioner pursuant to the Major League Constitution.
“Major League Baseball”or “MLB”means,depending on the context,any or all of (a)the Of?ce
of the Commissioner of Baseball,each other MLB PDL Entity and/or all boards and committees
thereof and/or (b)the Major League Clubs acting collectively.
“Major League Baseball Club”or “Major League Club”means any professional baseball club that
is entitled to the bene?ts,and bound by the terms,of the Major League Constitution.
“Major League Constitution”means the Maj or League Constitution adopted by the Major League
Clubs as the same may be amended,supplementedor otherwise modi?ed from time to time in the
manner provided therein and all replacement or successor agreements that may in the future be
entered into by the Major League Clubs.
“MLB PDL”means,depending on the context,any or all of (i)MLB Professional Development
Leagues,LLC,a Delaware limited liability company,and/or (ii)the boards,committees and
subcommitteesrelated thereto.
“MLB PDL Entity”means each of MLB PDL,the Of?ce of the Commissioner of Baseball,MLB
Advanced Media,LP.and/or any of their respective present or future af?liates,assigns or
SUCCCSSOI'S.
Page 168 of 200
“PDL Approval”means,any approval,consent or no-objection letter required to be obtained from
MLB PDL or any other MLB PDL Entity pursuant to the PDL Rules and Regulations.
“PDL Club”means a professional baseball club participating in the Professional Development
League System pursuant to a player development license agreement between the owner of such
club and MLB PDL pursuant to which such owner has been granted the right to participate in the
Professional Development League System.
"PDL Facility Standards”means the facility standards required by MLB PDL with respect to the
condition,design,maintenance,operation and upkeep of the Baseball Stadium’s physical facilities
(including the playing ?eld)as set forth in the PDL Rules and Regulations and as may be amended or
modi?ed from time to time.
“PDL Governance Agreement”means that certain Professional Development Leagues
Governance Agreement,effective as of February 12,2021 by and between MLB PDL and each
Club,as may be amended,modi?ed,supplementedor restated from time to time.
“PDL Governing Documents”means the following documents as in effect from time to time and
any amendments,supplements or other modi?cations thereto and all replacement or successor
documents thereto that may in the ?rture be entered into:(i)the Major League Constitution,(ii)
the Major League Rules (and all attachments thereto),(iii)the PDL Operating Guidelines,(iv)the
PDL Governance Agreement and (v)the PDL License Agreements.
“PDL License Agreement”means each player development license agreement entered into
between a PDL Club and MLB PDL pursuant to which such PDL Club has been granted the right
to participate in the Professional Development League System,including,without limitation,the
Tri City Dust Devils PDL License Agreement.
“PDL Rules and Regulations”means (i)the PDL Governing Documents,(ii)any present or future
agreements or arrangements entered into by,or on behalf of,MLB PDL or any other MLB PDL
Entity or the Major League Clubs acting collectively that are speci?cally related to or generally
applicable to the Professional Development League System or the PDL Clubs,including,without
limitation,agreements or arrangements entered into pursuant to the PDL Governing Documents,
and (iii)the present and future mandates,rules,regulations,policies,practices,bulletins,by—
laws,directives or guidelines issued or adopted by,or on behalf of,the Commissioner,MLB PDL or
any other MLB PDL Entity as in effect ?‘om time to time that are speci?cally related to or generally
applicable to the Professional Development League System or one or more of the PDL Clubs.
“Professional Development League System”means a system of professional baseball leagues
comprised of professional baseball clubs that compete at different levels and serve to assist with
the development of players for Major League Baseball Clubs.
“Tri City Dust Devils PDL License Agreement”means that certain player development license
agreement entered into between Tri-City Dust Devils and MLB PDL pursuant to which the Club
has been granted the right to participate in the Professional Development League System.
Page 169 of 200
III.USES
A.Uses.
1.LL59.Subject to Section III.A.3,Tenant shall have the exclusive and
unrestricted right to use and operate the Premises for any baseball or non-
baseball events that Tenant sponsors or that Tenant allows third parties to
sponsor.Tenant shall operate the Premises in a sound and professional
manner.The Premises shall be a public facility,and the seating,parking,
concession stands,restroom facilities,and other speci?ed areas thereof shall
be open to the public,subject to reasonable admission fees and other
reasonable restrictions.Notwithstanding the foregoing,Tenant may not use
the Premises,or permit any other person or entity to use the Premises,for
any improper,immoral or unlawful purpose,for a use or purpose
inconsistent with applicable zoning or the primary use of the Premises for
professional baseball purposes,or for any use that would constitute a public
or private nuisance or would make void or voidable any insurance then in
force with respect to the Premises.Tenant also may not use the Premises,
or permit any other person to use the Premises,for ?ea markets,bazaars,or
similar events for the sale of used or second-hand items.
Baseball E ui ment.This Lease includes the right of Tenant to use at the
Premises the baseball equipment identi?ed in Exhibit B attachedhereto (the
“Equipment").City makes no warranty or representation concerning the
condition of such Equipment.Tenant agrees to maintain such Equipment in
good working condition (reasonable wear and tear excepted)and to replace
items of Equipment as reasonably necessary.Upon the expiration of the
Term (as de?ned below)of this Lease all items of Equipment,including
replacements thereof,shall belong to City,provided that with respect to
replacements that are less than two (2)years old as of the date of expiration
of the Lease,such replacements shall become the property of the City only
if the City reimburses Tenant for the unamortized cost incurred by Tenant
to purchase such replacements,based upon an amortization period of the
lesser of sixty (60)months or the useful life of such replacements.
Other Uses.Subject to the scheduling provisions set forth in this Lease and
the PDL Rules and Regulations,City shall have the right to use the Premises
for up to ?ve (5)community events sponsored by City (each a "Community
Event")per calendar year during the Term,including a 4thof July ?reworks
display.Each day of a multi-day Community Event shall count as one
Community Event.Tenant shall,subject to the PDL Rules and Regulations,
allow community baseball events and baseball events sponsored by local
colleges and universities to take place in the Baseball Stadium at the lowest
reasonable rental rate possible,and subject to the availability of the
Baseball Stadium.Such baseball events shall not be deemed Community
Events.Non-baseball events sponsored by Tenant or by third parties and
Page 170 of 200
Community Events shall,collectively,be "Other Events."Tenant shall
operate the Baseball Stadium during Community Events and City shall
reimburse Tenant for Tenant's reasonable actual out-of-pocket cost of
operating the Baseball Stadium during such events,including utility costs.
Exclusive Ri ts.Tenant shall have the exclusive right during the Term to do the
following:
1.To use the Premises (including the locker rooms)for professional baseball
purposes and to conduct Other Events permittedby this Lease;
To allow third party sponsors to use the Premises to conduct Other Events
permittedby this Lease;
To use the baseball team of?ce located within the Premises.
To use the storage facilities dedicated to the baseball team and its equipment;
To solicit advertisement to be located on the interior walls of the Baseball
Stadium,including without limitation,those to be located on the scoreboard,
and to solicit advertisementsto be located on that portion of the exterior walls
of the BaseballStadium,other than above the concourse area,without City’s
prior consent.Advertisements that occur inside or on the exterior walls of
the Stadium may not include or connote adult content,?rearms or tobacco.
City may place signage within the Baseball Stadium announcing upcoming
City functions and events with Tenant’s prior consent,which consent shall
not be unreasonably withheld.
To direct all aspects of the operation,management and control of the
Premises,except as expressly set forth in this Lease;
To sell food,drink and souvenir concessions (collectively "Concessions")
to patrons of the Premises during baseball games or Other Events,subject
to the provisions contained in Section IX below,and to retain all revenues
therefrom;and
To use the press box area during baseball games,and during all Other
Events sponsoredby Tenant or third parties taking place within the Baseball
Stadium.Public address equipment provided by Tenant shall be available
for the use by City for Community Events,provided such public address
equipment is operated by an employee or designee of Tenant or an
employee or designee of City trained to use such equipment and approved
by Tenant (such approval not to be unreasonably withheld).If the public
address equipment is operated by an employee or designee of Tenant for a
Community Event,City shall reimburse Tenant for the reasonable actual
costs to make such employee or designee available to operate such
Page 171 of 200
equipment.
Schedulin .On or before September lst of each calendar year,beginning
September 1,2023 City shall deliver to Tenant a schedule of the soccer tournaments
to be held during the next calendaryear in the playing ?elds adjacent to the Baseball
Stadium.To the extent that the Northwest League schedule for the next calendar
year has not already been set,Tenant shall request that MLB PDL not schedul
eTenanthomegamesonadatethatasoccertournamentwillbeheldintheplaying
?elds adjacent to the Baseball Stadium.If a Minor League Baseball game is
scheduled on the date of a soccer tournament,Tenant will request that such baseball
game be a night game.City shall submit a request to Tenant to use the Baseball
Stadium for a Community Event at least thirty (3 0)days before the proposed date
of the Community Event,Tenant shall make reasonable efforts to accommodat
eCity‘s scheduling requests for Community Events.Tenant shall also make
reasonable efforts to accommodate other soccer tournaments in the playing ?elds
adjacent to the Baseball Stadium (in addition to those designated under the ?rst
sentence of this Section)if requested by City.
In addition to the foregoing,Tenant shall request that MLB PDL not schedule a
Minor League Baseball game at the Baseball Stadium on the 4thof July.To the
extent that no Minor League Baseball game is scheduled at the Baseball Stadium
on the 4thof July,the Baseball Stadium shall be reserved for the City's 4th of July
?reworks display and no Other Event shall be scheduled by Tenant on such date.
To the extent that a Minor League Baseball game is scheduled at the Baseball
Stadium on the 4Lhof July,Tenant shall request that such baseball game be a day
game.
IV.TERM.
A.Term.The term of this Lease shall commence on (the "Effective
Date"),and shall expire on December 31,2033,unless extended pursuant to
Section IV.B below (the "Initial Term").
Extension Option.Tenant shall have one (1)option to extend the Initial Term for
ten (10)years,subject to the terms provided herein (the "Extension Term").The
Extension Term together with the Initial Term are referred collectively as the
"Term"
1.If,at the time of exercise,Tenant has performed all Tenant‘s covenants and
is not in default under any of the terms of the Lease beyond any applicable
cure period,then Tenant,on giving written notice to City not earlier than
twenty—four(24)months,and not later than eighteen (18)months prior to
the last day of the Initial Term of the Lease,shall have the right to extend
the Initial Term of the Lease for an additional term of ten (10)years upon
the same terms and conditions as contained in the Lease,except for the Rent.
The Extension Term shall commence on the day immediately succeeding
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V.
the last day of the Initial Term of the Lease and shall end at midnight on the
day immediately preceding the tenth anniversary of the ?rst day of the
extended term unless sooner terminated in accordance with the provisions
of the Lease.The Rent during the Extension Term shall be mutually agreed
upon between City and Tenant no later than twelve (12)months prior to the
last day of the Initial Term of the Lease.If City and Tenant have not
mutually agreed on the Rent at least twelve (12)months prior to the last day
of the Initial Term,then the exercise of the extension option shall be deemed
to be ineffective,and this Lease shall automatically terminate on the last
day of the Initial Term.
RENT ADDITIONAL PAYMENTS.
A.Rent.Tenant agrees to pay annual rent in the following amounts ("Rent")
Period Annual Rent Annual Rent
From the Effective Date to 12/31/23 $35,734.35
1/1/24 to 12/31/24 $36,091.69
1/1/25 to 12/31/25 $36,452.61
1/1/26 to 12/31/26 $36,817.14
1/1/27 to 12/31/27 $37,185.31
1/1/28 to 12/31/28 $37,557.16
1/1/29to 12/31/29 $37,932.73
1/1/30 to 12/31/30 $38,312.06
1/1/31 to 12/31/31 $38,695.18
1/1/32 to 12/31/32 $39,082.13
1/1/33 to 12/31/33 $39,472.95
Rent shall be paid to City at 525 North 3rd Avenue,Pasco,Washington 99301,
Attention:City Treasurer ("City's Address").Tenant shall pay Rent in a lump sum
annually on or before June 15 of each calendar year during the Term.Tenant shall
pay a late service charge on all past due rent at the rate of ?ve percent (5%)per
month,but in no event higher than the legal limit.The Rent speci?ed in this Section
V.A includes the leasehold excise tax which is payable in accordance with Chapter
82.29A RCW (the Leasehold Tax").Tenant shall pay the Rent to City,and City
will forward to the State of Washington as required by law that portion of the Rent
which is allocable to the Leasehold Tax.
If City raises the admission tax on tickets to View events in the Baseball Stadium
above two and one—halfpercent (2.5%),the Rent set forth above shall be reduced
on a dollar-for-dollar basis for each year the dollar amount of admission taxes
collected by Tenant for such year in excess of 2.5%of the price of each ticket sold.
In the event Tenant has already paid Rent,City shall refund to Tenant a portion of
the Rent overpaid as a result of the application of this provision.
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B.Additional Rent.
1.Tenant shall pay City as additional rent ("Additional Rent")for each Lease
Year (beginning with the Lease Year commencing January 1,2024)?ve
percent (5%)of all base ticket revenues associated with the use and
operation of the Premises by Tenant,in excess of $900,000."Base ticket
revenues"shall mean the base ticket revenues for all paid tickets to attend
and/or View events sponsored by Tenant.Base ticket revenues shall be the
actual revenues generated by all ticket sales,exclusive of (i)revenues to pay
admission taxes;(ii)trade and complementary tickets;and (iii)the Annual
Fee,as de?ned in the Tri City Dust Devils PDL License Agreement.The
sum of (i),(ii),and (iii)under this Section IV(B)(1)shall not exceed 10%
of base ticket revenues hereunder.If Tenant packages tickets with other
goods and/or services (e.g.,hot dogs,so?drinks,etc.),base ticket revenues
shall be calculated only on that portion of revenues reasonably allocated to
the tickets to View the event,which will in no case be less than ?fty percent
(50%)of the face value of the ticket.If Tenant sells tickets at a discount
from their face value,base ticket revenues shall be calculated from the
discounted price of such tickets.Ticket revenues based on season or
advanced ticket sales shall be deemed "collected"by Tenant for purposes
of determining Additional Rent on the respective dates that events covered
by such tickets actually occur.No Additional Rent shall be payable for
Community Events or "free"events if Tenant is merely reimbursed its
reasonable costs to make the Premises available for such event.For
purposes of calculating AdditionalRent,a Lease Year shall be the 12—
monthperiodfromJanuary1tothenextDecember31.
With respect to Other Events at the Premises sponsored by a third party,
Tenant shall pay City as Additional Rent ten percent (10%)of the net
sublease/license fees paid to Tenant by the third party to use the Baseball
Stadium for such Other Event.Net sublease/license fees shall be the
sublease/license fees paid to the Tenant with respect to such Other Event,
less the reasonable and actual costs and expenses incurred by Tenant with
respect to such Other Event.
On or before November 1,of each year,Tenant shall remit to City a
summary events reconciliation statement for the year to date and including
the entire baseball season.The reconciliation statement shall set forth ticket
sales for all events sponsored by Tenant and net sublease/license fees paid
to Tenant by third parties during such year to date.If as a result of such
statement Additional Rent is due,such Additional Rent shall be paid
simultaneously with the delivery of such statement.If Tenant or a third-
party sponsors Other Events in such year after the effective date of the
reconciliation statement,then within ten (10)days a?er such Other Event,
Tenant shall remit to City a reconciliation statement for such Other Event
Page 174 of 200
VI.UTILITIES.
and pay any Additional Rent (if any)due as a result of such Other Event.
Tenant shall maintain documentationand records verifying the ticket sales
for each event held within the Baseball Stadium sponsored by Tenant and
net sublease/license fees for each event held within the Baseball Stadium
sponsoredby a third party for a period of two (2)years after the date of such
event.Upon written request by City,Tenant shall make such documentatio
nreasonablyavailableforanauditbyCity,or its duly authorize
drepresentatives,to verify the accuracy of the Additional Payments remitted
by Tenant.
If the AdditionalRent is includedin contract rent for purposes of calculating
the Leasehold Tax,City shall pay such Leasehold Tax,including all
applicablepenalties and interest thereon,from the Additional Rent remitted
by Tenant and the Additional Rent shall be deemed to have been reduced
by the amount of such Leasehold Tax.
Tenant shall include in all written agreements with third parties that sponsor
Other Events,the right of City to audit such third parties‘records regarding
payment of sublease/license fees.
A.Utilities.
1.Utili Char es.Tenant shall pay or cause to be paid when due,and shall
indemnify,protect and hold harmless City and the Premises from all charges
for public or private utility services to the Premises during the Term,
including without limiting the generality of the foregoing,all charges for
heat,light,electricity,potable water,gas,telephone service,garbage
collection and sewer and drainage service.Notwithstanding the foregoing,
the City shall provide un-metered irrigation water to Tenant at no cost to
Tenant.
Interru tions of Utilit Services.City shall not be liable to Tenant in
damages or otherwise (i)if any utility shall become unavailable from any
entity (including City)supplying or distributing such utility,or (ii)for any
interruption in any utility service (including,without limitation,any
heating,air-conditioning or sprinkler)caused by the making of any
necessary repairs or improvements or by any cause,and the same shall not
constitute a termination of this Lease or an eviction of Tenant.If any utility
service,used at the Premises and for which City is responsible,shall be
interrupted,City shall restore such utility service as soon as practical.
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VII.CONDITION OF PREMISES'IMPROVEMENTS.
A.Current Condition.Tenant agrees to accept the Premises and Baseball Stadium in
its current "as is,where is"condition.Tenant acknowledges the opportunity prior
to its execution of this Lease to conduct a thorough inspection of the Premises.
Air Conditionin .The air conditioning,previously installed by Tenant in the
"home team"clubhouse/lockerroom,is part of the Premises,and during the Term
shall be maintained by Tenant at Tenant‘s cost.Upon expiration or earlier
termination of this Lease,the air conditioning equipment shall become the property
of City,without additional cost or expense to City.
City and Tenant agree to work together with the intent that the Baseball Stadium
become compliant with all the PDL Facility Standards by March 2024 and March
2025.In subsequent years,the City and Tenant agree to work together in good faith
to remain in compliance with PDL Facility Standards.
Tenant will invest at least $330,000 for the constructionof a new climate-
controlledweightroomattheBaseballStadium.The building will become the property of
City.The City will issue Tenant a $16,500 credit against the base rent for each year
of the Term of Lease in Tenant’s efforts with respect to bringing the Baseball
Stadium into compliance with the PDL Facility Standards.
VIII.REPAIRS AND MAINTENANCE.
A.Cit Obli ation.City shall,at its own cost and expense,maintain and repair all
structural portions of the Premises in a good and safe condition during the Term,
reasonable wear and tear excepted,promptly after City is made aware of the need
for such structural maintenance and/or repair.Structural portions of the Premises
shall include,without limitation,all sidewalks and the roof,structural walls,
structural members (including structural elements of the light poles,scoreboard
and out?eld fence),?oor slabs and foundation of the Baseball Stadium and
plumbing and electrical repairs that require alteration of ?oor slabs,foundations,
roof or exterior walls.If governmental laws,rules,regulation or ordinances
("Applicable Laws")change such that the Premises no longer complies with
Applicable Laws and can no longer be used for its intended purposes without repair
or improvements,the City shall have the ?rst option to alter or repair the Premises
to bring it into compliance with Applicable Laws.If City does not bring the
Premises into compliance with Applicable Laws within areasonable period of time,
Tenant shall have the right,but not the obligation,to make the alterations or repairs
necessary to bring the Premises into compliance with Applicable Laws.If neither
City nor Tenant elect to bring the Premises into compliance with Applicable Laws,
Tenant may terminate this Lease in its sole discretion.The foregoing shall only
apply to changes required to be made to the Premises in order to comply with
Applicable Laws so that the Premises can continue to be used for its intended
Page 176 of 200
purposes and does not apply under circumstances where the Premises becomes a
nonconforming structure,but for which changes are not required for the continued
use of the Premises.
Tenant Obli ations.
1.Tenant shall be responsible,at its own cost and expense,for the routine
maintenance and upkeep and routine nonstructural repairs of the Premises
during the Term,including interior walls,ceilings,doors,windows,light
?xtures,switches,wiring and plumbing not the responsibility of City under
Section VIII.A above,and heating and air conditioning systems and
equipment.Tenant shall also be responsible for the cost of cleaning the
Premises and the cost of cleaning supplies and other routine supplies
required to operate the Premises,all in accordance with customary
standards for similar facilities and prudent maintenance practices.
Notwithstanding the foregoing,City shall be responsible for all routine
maintenance and repair of the Premises required by or arising from use of
the Premises for Community Events.City shall ful?ll its maintenance
and repair obligations under this Section VIII.B immediately after use of
the Premises for Community Events.
Tenant shall also be responsible for garbage disposal and other cleaning of
the Premises and Parking Areas (as de?ned below)following each game or
Other Event sponsored by Tenant or a third party,and for payment of all
expenses of staff and services for each game or Other Event sponsored by
Tenant or a third party,including without limitation parking attendants,
security of?cers,ticket salespeople and attendants,ushers,and,if
applicable,medical personnel and vehicles.Tenant shall also be responsible
for maintaining the baseball team of?ce and locker rooms while Tenant is
entitled to the exclusive use thereof.Tenant will permit no waste,damage
or injury to the Premises.At the expiration or sooner termination of this
Lease,Tenant will quit and surrender the Premises in a neat and clean
condition (reasonable wear and tear excepted)and will deliver up all keys
belonging to the Premises to City,or City's agent.Should Tenant fail to
tender possession of the Premises to City as provided herein,City shall have
the right to perform the work necessary to put the Premises in a neat and
clean condition (reasonable wear and tear excepted),at Tenant's expense,
and Tenant agrees to reimburse City for the costs to do so.
Tenant shall not damage or deface the Premises,nor shall Tenant allow its
guests and invitees to damage or deface the Premises.Tenant and Tenant's
guests and invitees shall not do anything which may injure the buildings or
other improvements or be a nuisance or menace.All deliveries of supplies
and material to the Premises shall be made at such hours and in accordance
with such rules as City may reasonably prescribe.Tenant will not permit an
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Page 177 of 200
accumulation of boxes,waste,or other refuse matter.Trash and garbage
shall be stored,until disposed,within areas designated by City for such
purposes.
In addition,Tenant agrees as follows:
(i)Care of Plumbin Facilities.Plumbing facilities shall not be used for
any other purpose than that for which they were constructed.
(ii)Cleanin of Kitchens.Tenant shall have the Concessions ventilation
equipment cleaned at least every six (6)months,and Tenant upon request
shall provide City with evidence that the work has been done for the most
recent period.
(iii)Odors.Tenant shall not permit the emission of offensive odors from
the Premises or allow permeation through interior or exterior walls.
(iv)Tenant To Pa For Violation.The expense of any breakage,
stoppage or damage resulting from a violation of this Section VIII.B shall
be home by Tenant.
(v)Cit Ma Demand Re airs.If City reasonably deems necessary any
repairs required to be made by Tenant,it may demand that Tenant make the
same forthwith,and if Tenant refuses or neglects to commence such repairs
and complete the same with reasonable dispatch,City may make or cause
such repairs to be made and Tenant agrees,forthwith,on demand,to pay to
City the cost thereof with interest at the maximum rate permitted by law at
the time City incurs said cost of repairs.
Plumbin S stem Winterization.Notwithstanding the other provisions of this
Lease,the City shall be responsible for the work associated with draining and
Winterizing the plumbing system of the Premises each year (either using a third
party plumber or using City staff based upon protocols established by plumbing
professionals).City will make all reasonable efforts to provide irrigation water as
soon as possible at the beginning of each year.
Baseball Field/Grass Maintenance.
1.Tenant shall be responsible at its sole cost and expense for the year-round
maintenance,upkeep,repair and care of the baseball ?eld and the other
grass areas of the Baseball Stadium,including the preparation and
maintenance of the playing ?eld before,during and after each game or Other
Event sponsored by Tenant.Such upkeep and maintenance shall include
fertilizing,mowing,aeration,irrigation and all other matters associatedwith
the maintenance of the playing ?eld and other grass areas.All such upkeep
and maintenance shall be in accordance with the standards and
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speci?cations attached hereto as Exhibit E,or otherwise directed by City.
Tenant shall also be responsible at its sole cost and expense for all fertilizer
and other supplies required for the upkeep and maintenance of the playing
?eld and other grass areas of the Baseball Stadium.
2.If Tenant fails to maintain the playing ?eld and the other grass areas of
the Baseball Stadium as herein required,City shall have the right to do
so,at Tenant's expense,and Tenant agrees to reimburse City for the
costs to do so.
3.Tenant shall also have the exclusive right to use a portion of the
maintenance facility just beyond the left ?eld out?eld fence of the
Baseball Stadium for the storage of maintenance equipment and other
uses associated with the maintenance of the baseball ?eld and other grass
areas of the Baseball Stadium.
IX.CONCESSIONS.
A.Concessions.Except as otherwise set forth herein,Tenant shall have the
exclusive right,during baseball games and Other Events held in the Baseball
Stadium,subject to the provisions set forth below,to sell Concessions in the
Premises and in the Parking Areas (as de?ned below)and to retain all revenues
therefrom.Such right may be exercised by Tenant directly or through a
sublicensee.
l.Concession E ui ment.Tenant shall supply at its own expense and in
its sole discretion all equipment,?xtures and supplies,and all staff and
other persons required or necessary to provide Concessions to patrons
of the Premises.
2.Tenant to Use Ade uate Electrical E ui ment.If Tenant supplies any
concessions electrical equipment that overloads the electrical lines in the
Premises,Tenant shall at its own expense (but only with the prior
consent of City)make whatever changes are necessary to meet the
electrical requirements consistent with the requirements of the insurance
underwriters and governmental authorities having jurisdiction.
3.Li uor License.City shall not object to or interfere with the efforts of
Tenant or its sublicensee to secure a permit to sell alcoholic beverages
as one of the Concessions sold inside the Baseball Stadium.
Concession Services.Tenant or its sublicensee shall operate and supply
Concessions and concession services during baseball games and Other Events
sponsored by Tenant or third parties on such terms and conditions as Tenant
deems appropriate.Tenant shall also provide concession services for Other
Events not sponsored by Tenant (including Community Events)at levels and
Page 179 of 200
with staf?ng as reasonably necessary to provide appropriate concession service
given the nature of the event and the expected attendance.
If Concessions are not provided by Tenant at appropriate levels for Community
Events or Other Events not sponsored by Tenant,then City may permit another
entity to sell Concessions from portable concession stands brought into the
Premises for such purposes.Any costs incurred or revenues received by City
under this Section IX(B)shall belong to City
X.PARKING.
A.Generall .Adjacent to the Premises is an area for vehicle parking containing
approximately 1000 parking spaces and depicted on the map attached hereto
as Exhibit F (the "Parking Area")City hereby grants Tenant a non—exclusive
license to use the Parking Area on the terms set forth below.
1.Throughout the Term of this Lease,(i)Tenant shall have the exclusive
right to control,use and operate the Parking Area for baseball games and
Other Events sponsored by Tenant or third parties at the Premises and
(ii)City shall have the exclusive right to control,use and operate the
Parking Area for Community Events and for soccer tournaments played
at the adjacent play?elds.Tenant shall be entitled to retain all parking
revenue generated during periods when Tenant controls and operates the
Parking Area,and City shall be entitled to retain all parking revenues
generated during periods when City controls and operates the Parking
Area.Tenant shall provide parking attendants to operate the Parking
Area for baseball games and Other Events sponsored by Tenant and City
shall provide parking attendants to operate the Parking Area for
Community Events and for events at the adjacent play?elds.Tenant
shall be responsible at its sole cost to clean the Parking Area after
baseball games and Other Events sponsored by Tenant.City shall be
responsible,at its sole cost,to clean the Parking Area after Community
Events and soccer tournament held at the adjacent play?elds.
2.If a night baseball game is scheduled on the same date as a soccer
tournament:(i)Tenant and City shall work together to accommodate
each other’s needs for use of the Parking Area,including an agreement
on when control of the Parking Area will change from City to Tenant;
and (ii)Tenant shall honor the parking privileges of soccer tournament
spectators that have paid City to use the Parking Area.During such
times,Tenant and City shall cooperate in good faith to manage the
Parking Area so that Tenant receives all parking revenue associated with
the baseball game and City receives all parking revenues associated with
the soccer tournament being conducted at the adjacent play?elds,and
with Tenant providing the parking attendants to operate the Parking
Area immediately prior to and during title baseball game.
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XI.
XII.
XIII.
ESTOPPEL.Within ?fteen (15)days of presentation,Tenant shall execute,
acknowledge,and deliver to City,at no expense to City,any estoppel certi?cate
requested by City,certifying in writing,if such shall be true,that Tenant shall be in
occupancy,that this Lease is in full force and effect,specifying the dates to which the
rent and other charges shall have been paid,and stating that there have been no defaults
by City and such other representations as may be requested by a lender,mortgagee or
bene?ciary.
TENANT ALTERATIONS.Except as provided above in Section VII.C,Tenant shall
not make any material alterations,additions,or improvements in the Premises
(including any alterations that affect structural portions of the Premises,or any
electrical,plumbing or similar system)without ?rst obtaining City's written consent
(which may be withheld in its reasonable discretion).All such alterations,additions
and improvements shall be at the cost and expense of Tenant,and shall become the
property of City and shall remain in and be surrendered with the Premises as a part
hereof at the termination of this Lease,without disturbance,molestation,or injury
except for any improvements that City may elect to require Tenant to remove.
Notwithstanding the foregoing,Tenant may remove concessions equipment and
similar ?xtures from the Premises if Tenant originally paid the cost to acquire and
install such equipment and/or ?xtures and if Tenant fully repairs all damage caused by
the removal of such equipment and/or ?xtures.If Tenant shall perform work with the
consent of City,as aforesaid,Tenant agrees to comply with all laws,ordinances,
rules and regulations of the appropriate city or county,and any other authorized public
authority.Tenant further agrees to hold City harmless from damage,loss or cost arising
out of the said work.
INSURANCE.
A.Tenant Insurance.
l.Tenant,at its sole expense,shall place and maintain in effect throughout the
term of this Lease the following insurance (collectively,the "Insurance"):
(i)Commercial general liability insurance with limits of not less than
$2,000,000 each occurrence and $5,000,000 in the aggregate,written on
Insurance Services Of?ce (ISO)occurrence form CG 00 01,insuring
against all liability arising out of and in connection with Tenant's use and
occupancy of the Premises and with Tenant's exercise of its rights granted
under this Lease,including premises and contractualliability and naming
City and its employees,of?cers and agents as additionalinsureds using ISO
Additional Insured-Managers or Lessors of Premises Form CG 20 11 or a
substitute endorsement providing equivalent coverage,and (ii)in the event
Tenant or its sublicensee offers alcoholic beverages in or around the
Premises,"Dram Shop"and/or "Innkeeper‘s Liability"insurance against
claims or liabilities arising directly or indirectly to persons or property on
account of the sale or dispensing of beer,wine or other alcoholic beverages,
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with a combined single limit coverage of $2,000,000 bodily injury and
property damage liability,or in greater amounts if required by law,in form
and substance reasonably acceptable to City,and naming City and its
employees,of?cers and agents as additional insureds,and (iii)worker's
compensation and employer's liability insurance covering employees at the
Premises employed by Tenant (to the extent required,and in the amounts
required by applicable laws).
2.Certi?cates of such coverage and endorsements,in form satisfactory to
City,shall be furnished to City and each shall provide that said coverage
will not be changed or cancelled without forty-?ve (45)days written notice
to City.The limits of coverage described above shall be increased from
time to time as reasonably requested by City and to the extent consistent
with prudent risk management practices and insurance standards for similar
facilities.Tenant's insurance coverage shall be primary as respects City.
Any insurance,self-insurance or insurance pool coverage maintained by
City shall be excess of Tenant's insurance and shall not contribute with it.
All insurance shall be placed with insurers with a current A.M.Best rating
of not less than AzVII.
3.In the event the Insurance required under this section is not maintained,or
if an Event of Default occurs,City shall have the right (but not the
obligation)to place and maintain the Insurance required to be placed and
maintained by Tenant hereunder.Tenant agrees,on demand,to pay to City
the amounts expended therefor with interest at the maximum rate permitted
by law from the time City incurs said costs of Insurance.
4.In the event Tenant fails to place and maintain the Insurance required
hereunder,City shall have the right (but not the obligation)to require the
immediate cessation of the sale of alcoholic beverages at the Premises.
B.Cit Insurance.City shall purchase and maintain during the term of this Lease
all-risk property insurance covering the Premises and the Baseball Stadium,for
their full replacement cost without coinsurance provisions.
C.Waiver of Subro ation.Tenant and City hereby release and discharge each
other from all claims,losses and liabilities arising from or caused by any hazard
covered by property insurance on or in connection with the Premises and
Baseball Stadium.This release shall apply only to the extent that such claim,
loss or liability is covered by insurance.
XIV.DAMAGE OR DESTRUCTION.If the Premises or Baseball Stadium are damaged
by ?re or other casualty under circumstances where the cost to repair does not exceed
$500,000 and the loss is covered by insurance maintained by City,the damage shall
be repaired by City,and until such repairs are completed,rent shall be abated in
proportion to the portion of the Premises which is unusable by Tenant in the conduct
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XV.
of its business (but there shall be no abatement of rent by reason of any portion of the
Premises being unusable for a period equal to three (3)days or less).
If the costs to repair such damage exceeds $500,000,or the loss is not covered by
insurance maintained by City,City at its option may elect to repair the Premises,in
which event rent shall be abated as provided above.City shall make such election
whether or not to rebuild within thirty (30)days of such damage.
If City does not elect to make such repairs,or if it reasonably appears that such repairs
cannot be made within one hundred eighty (180)days of the date of such damage,then
either party may,by written notice to the other within forty-?ve (45)days of the date
of damage,terminate this Lease.
If the Baseball Stadium or a material portion thereof becomes unavailable on a temporary
basis by reason of either partial destruction or repair or restoration,or for any other reason,
then the Tenant may make arrangements for any previously scheduled home baseball game
or Other Event to be held at another venue during such time that the Baseball Stadium is
under repair.The City shall utilize commercially reasonable efforts to assist the Club in
locating a temporary facility in which the Club may play home baseball games,and
otherwise conduct previously scheduled Other Events.
NAMTNG RIGHTS.During the Term of this Lease,Tenant shall have the right to offer
to sell and to sell the right to name the Baseball Stadium to third parties and to retain
all revenues therefrom,subject to the provisions below.City shall have the right to
approve the name and the form of any naming rights agreement,which approval shall
not be unreasonably withheld or delayed.In the absence of a naming rights agreement,
the Baseball Stadium shall continue to be named "Pasco Stadium."Tenant may not
name the Baseball Stadium after Tenant.The name of the Baseball Stadium may not
connote or be af?liated with adult content,?rearms or tobacco.Upon expiration of or
earlier termination of this Lease,any naming rights agreement shall also terminate and
no longer be in force or effect.
For every professional baseball season (March through September)(the "Season")that
a naming rights agreement exists,Tenant shall spend a minimum average of $5,000
on capital improvements to the Baseball Stadium.Capital improvements under this
Section XV are exclusive of all other improvements in this Lease Agreement.
Tenant may spend such sums on capital improvements at one time and from time to
time while a naming rights agreement exists,provided that Tenant spends at least
$25,000 on capital improvements during the ?rst ?ve years of any naming rights
agreement.By way of example,Tenant may spend $5,000 each Season,may spend
$10,000 every two Seasons,may spend $4,000 the ?rst Season,nothing the second
Season and $11,000 the third Season,or may spend $25,000 in a single year (and
applied over a ?ve Season period),provided that Tenant spends an average of $5,000
for each Season and at least $25,000 during the ?rst ?ve Season period.If at the end
of the term of a naming rights agreement,Tenant has not spent the required amounts
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on capital improvements,Tenant shall pay to City a naming rights termination fee
equal to 150%of such shortfall.
On or before February 1 of each year,Tenant shall provide City with an accounting of
the costs expended in the prior calendar year by Tenant on capital improvements to the
Baseball Stadium.At the request of City,Tenant shall provide to City with copies of
invoices and other information to substantiate the amounts so spent.
Tenant must obtain prior City approval to any capital improvements undertaken by
Tenant under this Section XV such approval not to be unreasonably withheld and shall
be granted if such capital improvement is necessary for the Baseball Stadium to remain
compliant with the PDL Facility Standards.Capital improvements funded by Tenant
under this Section XV shall not include any capital improvements installed by Tenant
under any other provision of this Lease.
XVI.DEFAULTS;REMEDIES
A.Defaults:Remedies.
1.Events of Default.The occurrence of any one or more of the following
events shall constitute a material default and breach of this Lease by
Tenant (an "Event of Default"):
(i)The failure by Tenant to make any payment of Rent by the tenth
(10th)day after such amount is due;
(ii)The failure by Tenant to make any other payment required to be
made by Tenant hereunder (other than a payment speci?ed in subsection
(i)above),including,without limitation,Additional Rent,utility
payments,insurance premiums or other charges,within ?ve (5)days
after receiving written notice from City of such failure to pay;
(iii)The failure by Tenant to observe or perform or the violation of
any of the other covenants,conditions or provisions of this Lease to be
observed or performed by Tenant,where such failure shall continue for
a period of twenty (20)days after Tenant's receipt of written notice of
default or Violation from City;provided,however,that if the nature of
Tenant's obligation is such that more than twenty (20)days are required
for performance,then Tenant shall not be in default if Tenant
commences performance within such 20-day period and thereafter
diligently prosecutes the same to completion and in any event completes
such performance within ninety (90)days of Tenant's receipt of such
written notice;or
(iv)The failure by Tenant to use the Premises for professional
baseball purposes as a PDL Club.
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2.Subject to Section I.B,upon an Event of Default,then,without prejudice
to any other remedies which City might have,City may,at its election,
declare this Lease forfeited and the Lease term ended,and re—enter the
Premises,with or without process of law,and remove all persons or
chattels therefrom.
B.Removal of Pro e
1.In the event of any re-entry or taking possession of the Premises for default,
City shall have the right,but not the obligation,to remove from the Premises
all personal property of Tenant located therein,and may store the same in
any place selected by City,including but not limited to a public warehouse,
at the expense and risk of the owners thereof,with the right to sell such
stored property,without notice to Tenant,a?er it has been stored for a
period of thirty (30)days or more.The proceeds of such sale to be applied
?rst to the cost of such sale,second to the payment of the charges for the
storage,if any,and third to the payment of any other sums of money which
may then be due from Tenant to City under any of the terms hereof,the
balance if any without interest to be paid to Tenant.
2.Tenant hereby waives all claims for damages that may be caused by City's
re-entering and taking possession of the Premises or removing and storing
the property of Tenant as provided in this Lease,and will hold City harmless
from loss,costs or damages occasioned City thereby.No such reentry shall
be considered or construed to be a forcible entry.
C.Cit Ma Relet.In such case of re-entry,City may,subject to Section LB,relet the
Premises upon such terms as it sees ?t,for a term which may expire either before
or after the expiration date of this Lease,and to such persons or entities as it desires,
including without limitation another professional baseball league.
D Tenant Still Liable for Rent.City shall not be liable for damages by reason of such
re-entry.Notwithstanding any such re—entry by City,the liability of Tenant for the
Rent provided for herein shall not be extinguished for the balance of the Lease
Term.Tenant agrees to pay to City any de?ciency arising from a re—entry and re-
letting of the Premises at a lesser rent,and Tenant shall pay such de?ciencies each
month as the amount thereof is ascertained by City.
E.Tenant to Pa Cost of Relettin .Upon reletting Tenant shall be immediately liable
to pay to City the cost and expense of reletting and of such repairs as may be
incurred by City in readying the Premises for reletting.
F.Cumulative Remedies.No remedy or election hereunder shall be deemed
exclusive,but shall,wherever possible,be cumulative with all other remedies at
law or in equity.
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G.Default b Cit .City shall not be in default unless City fails to perform obligations
required of City within twenty (20)days after written notice by Tenant to City,
provided,however,that if the nature of City's obligation is such that more than
twenty (20)days are required for performance then City shall not be in default if
City commences performance within such 20-day period and thereafter diligently
prosecutes the same to completion.If City fails to cure any such default within the
allotted time,Tenant may cure such default itself and offset the cost thereof against
Rent payable hereunder.
XVII.HAZARDOUS SUBSTANCES.
A.Hazardous Substances.
1.Tenant shall not dispose of or otherwise allow the release of any
hazardous waste or materials in,on or under the Premises,or any
adjacent property,or in any improvements placed on the Premises,in
violation of applicable law.Tenant represents and warrants to City that
Tenant's intended use of the Premises does not involve the use,
production,disposal or bringing on to the Premises of any hazardous
waste or materials in violation of applicable law.As used herein,the
term "hazardous waste or materials"includes any substance,waste or
material de?ned or designated as hazardous,toxic or dangerous (or any
similar term)by any federal,state or local statute,regulation,rule or
ordinance now or hereafter in effect.Tenant shall promptly comply with
all statutes,regulations and ordinances,and with all orders,decrees or
judgments of governmental authorities or courts having jurisdiction,
relating to the use,collection,treatment,disposal,storage,control,
removal or cleanup of hazardous waste or materials,in,on or under the
Premises or any adjacent property,or incorporated in any
improvements,at Tenant's expense.
2.After notice to Tenant and a reasonable opportunity for Tenant to effect
such compliance,City may,but is not obligated to,enter upon the
Premises and take such actions and incur such costs and expenses to
effect such compliance as it deems advisable to protect its interest in the
Premises;provided,however that City shall not be obligated to give
Tenant notice and the opportunity to effect such compliance if (i)such
delay might result in material adverse harm to City or the Premises,(ii)
Tenant has already had actual knowledge of the situation and a
reasonable opportunity to effect such compliance,or (iii)an emergency
exists.Whether or not Tenant has actual knowledge of the release of
hazardous waste or materials on the Premises or any adjacent property
as the result of Tenant's use of the Premises,Tenant shall reimburse City
for the full amount of all costs and expenses incurred by City in
connection with such compliance activities,and such obligation shall
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continue even after the termination of this Lease.Tenant shall notify
City immediately of any release of any hazardous waste or materials on
the Premises.
3.Notwithstanding the foregoing,Tenant shall not be responsible for any
cleanup,liabilities,claims,damages,costs and expenses of any kind or
nature that arise or result from any contamination of the Premises or
surrounding property by hazardous waste or materials,except for such
contamination that is caused by Tenant or its employees or agents.If
Tenant cannot operate the Baseball Stadium because of contamination
of the Premises or surrounding property by hazardous waste or materials
not caused by Tenant or its employees or agents,Tenant shall have the
right to terminate this Lease without further liability hereunder.
XVIII.OTHER PROVISIONS.
A.Surrender of Premises.At the expiration of the term of this Lease,or at the
earlier termination of this lease,Tenant shall surrender the Premises in good
condition,reasonable wear and tear excepted.
Intentionall Deleted.
Liens and Solvenc .Tenant shall keep the Premises free from any liens arising
out of any work performed,materials furnished or obligations incurred by
Tenant and hold City harmless therefrom including all costs and attorney's fees.
In the event Tenant becomes insolvent,voluntarily or involuntarily bankrupt,
or if a receiver,assignee or other liquidating of?cer is appointed for the
business of Tenant,then City may,subject to Section I.B,cancel this Lease at
City's option and Tenant shall nevertheless be liable for any further losses or
damages sustained by City so caused by Tenant.
Assi nment.Tenant shall have the right to assign this Lease or let or sublet the
whole or part of the Premises with the written consent of City,which consent
may not be unreasonably withheld.Notwithstanding the foregoing,City shall
consent to any assignment or sublease of this Lease by Tenant:(a)to any entity
controlled by Tenant that owns the Team;and (b)to any purchaser of the Team
that (i)has been approved by MLB PDL,and (ii)has retained a management
team with prior experience managing a professional sports team to operate such
team.Any purported assignment or sublet shall be of no effect if not consented
to by City.Any assignment or sublet of this Lease shall not extinguish or
diminish the liability of Tenant hereunder.
Non-Waiver.The failure of either party to insist upon strict performance of
any of the covenants and agreements of this Lease,or to exercise any option
herein conferred in any one or more instances,shall not be construed to be a
waiver or relinquishment of any such,or any other covenants or agreements,
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but the same shall be and remain in full force and effect.
Costs and Attome '3 Fees.All costs and expenses,including attorneys'fees at
trial and on appeal in a reasonable amount,incurred by City or by Tenant in
enforcing the obligations of Tenant or City under this Lease,shall be paid by
the defaulting party to the prevailing party upon demand.The venue of any
legal action brought under the terms of this Lease shall be in the county in which
the Premises are situated.
Transfer b Cit .If City shall assign its interest under this Lease or transfer its
interest in the Premises,such transferee shall be required to assumeall
obligations of City under this Lease,City shall be relieved of any obligation
accruing hereunder after such assignment or transfer,and such transferee shall
thereafter be deemed to be City hereunder.
Heirs and Successor.Subject to the provisions hereof pertaining to assignment
and subletting,the covenants and agreements of this Lease shall be binding
upon the heirs,legal representatives,successors and assigns of any or all of the
parties hereto.
Holdover.If Tenant shall,with the written consent of City,holdover after the
expiration of this Lease,such tenancy shall be on a month—to-monthtenancy,
which tenancy may be terminated by either party upon twenty (20)days’notice
to the other party.During such tenancy Tenant agrees to pay to City the same
rental as provided herein,unless a different rent is agreed upon,and to be bound
by all of the applicable terms and conditions of this Lease.
Mutual Release and Waiver.To the extent a loss is covered by insurance in
force,City and Tenant hereby mutually release each other from liability and
waive all right of recovery against each other for any loss from perils insured
against under their respective ?re or other insurance policies,including any
causes of loss forms attached thereto;provided,that this agreement shall be
inapplicable if it would have the effect of invalidating any insurance coverage
of City or Tenant.
Notices.All notices under this Lease shall be in writing and shall be deemed to
have been duly given if personally delivered,sent by con?rmed electronic,
overnight courier services or registered or certi?ed mail,postage prepaid,and
shall be deemed given upon delivery if personally delivered,upon the earlier of
actual receipt or one day after it is sent,if sent by overnight courier or con?rmed
electronic,or three days after it is sent by registered or certi?ed mail.All
notices or other communications shall be made as follows:
If to City:City of Pasco
Attn:City Manager
525 North 3rdAvenue
_23_
Page 188 of 200
Pasco,WA 99301
Facsimile No.:(509)545-3403
Email:Current City Manager email address
And
Kerr Ferguson Law,PLLC
Attn:Eric Ferguson
1950 Keene Road
Bldg.F-l 00
Richland,WA 99352
(e—mail:eferguson@kerr1awgroup.net)
If to Tenant:Northwest Baseball Ventures 1,LLC
Attn:President
6200 Burden Blvd.
Pasco,WA 99301
Facsimile No.:(509)547-9570
Email:current President email address
Com liance with Laws.All operations or activities upon,or any use or
occupancy of the Baseball Stadium and Premises,or any portion thereof,by
Tenant or any person claiming through Tenant shall be in all material respects
in compliance with all state,federal and local laws,ordinances,rules,
regulations,permits,standards,and requirements.
Indemni?cation.
1.Tenant agrees to and shall indemnify,defend and hold City,City's
successors and assigns,and the,of?cers,employees,agents and
contractors of City,harmless from and against any and all claims
(including without limitation third parry claims for death,personal
injury or real or personal property damage),actions,administrative
proceedings (including both formal and informal proceedings),
judgments,damages,punitive damages,penalties,?nes,costs,liabilities
(including sums paid in settlements of claims),interest or losses,
including reasonable attorneys‘and paralegals‘fees and expenses
(including any such fees and expenses incurred in enforcing this
Agreement or collecting any sums due hereunder),consultant fees,and
expert fees,together with all other costs and expenses of any kind or
nature that arise directly or indirectly from or in connection with (i)
Tenant's use,occupation and/or control of the Premises during events
other than Community Events,and including without limitation any
injury or claim of injury to person or property,of any nature and
howsoever caused,(ii)from any breach of the terms of this Lease,or
(iii)any violation of any governmental or insurance requirements by
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Tenant,its sublessees,assignees,invitees,agents,employees,
contractors,or licensees,provided that such indemnity shall not extend
to matters that may arise out of the gross negligence or willful acts of
City or City's agents,employees or contractors.
2.City agrees to and shall indemnify,defend and hold Tenant,each MLB
PDL Entity,and their respective successors and assigns,and the
directors,of?cers,shareholders,employees,agents and contractors
of Tenant and each MLB PDL Entity,harmless from and against any and
all claims (including without limitation third party claims for death,
personal injury or real or personal property damage),actions,administrative
proceedings (including both formal and informal proceedings),judgments,
damages,punitive damages,penalties,?nes,costs,liabilities (including
sums paid in settlements of claims),interest or losses,including reasonable
attomeys'and paralegals'fees and expenses (including any such fees and
expenses incurred in enforcing this Agreement or collecting any sums due
hereunder),consultant fees,and expert fees,together with all other costs
and expenses of any kind or nature that arise directly or indirectly from or
in connection with (i)City's use,occupation and/or control of the Premises
during a Community Event,and including without limitation any injury or
claim of injury to person or property,of any nature and howsoever caused,
(ii)from City’s breach of the terms of this Lease,or (iii)any acts arising
from the gross negligence or willful misconduct of City,provided that such
indemnity shall not extend to matters that may arise out of the gross
negligence or willful acts of Tenant or Tenant's agents,employees or
contractors.
Time is of the Essence of this Lease.Time is of the essence in the performance of
all obligations of Tenant and City under this Lease.
City Approvals.City shall,from time to time,designate one or more people who
are authorized on behalf of City to give consents or approvals required of City
hereunder.Such designation shall remain effective until such time as City noti?es
Tenant in writing of a new designee or designees.At the outset,City's designee
shall be Adam Lincoln,City Manager.
Force Ma'eure.Notwithstanding anything in this Lease to the contrary,each party's
obligations to perform under this Lease shall be excused to the extent that such
performance is prevented,delayed or rendered impracticableby events beyond that
party's reasonable control,provided such party shall have exercised all reasonable
efforts to avoid such events.Such events shall include,Without limitation,
inclement weather,acts of God,strikes,civil commotion,riot,war and any other
cause whether similar or dissimilar to those enumerated that is reasonably beyond
the control of the party obligated to perform.Force Majeure shall not include
?nancial inability to perform (regardless of the cause)and shall not apply to
defaults arising out of the loss by Tenant of its franchise to operate a professional
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baseball team with the Northwest League.
Q.Amendments.Notwithstanding anything herein to the contrary,this Lease may not
be amended,supplemented or otherwise modi?ed without the prior receipt of all
necessary PDL Approvals.
R.Counte arts.This Lease may be executed in one or more counterparts,each of
which shall be deemed an original,but all of which together shall constitute one
and the same instrument.This Lease or any counterpart may be executed and
delivered by electronic transmission with an executed hard copy to follow.
IN WITNESS WHEREOF,City and Tenant have executed this Lease the day and
year ?rst above written.
CITY OF PASCO NORTHWEST BASEBALL VENTURES I,LLC,a
Washington Limited Liability Company
~._..__-_-_._--.__.--
By:By:
Adam Lincoln,City Manager
EXHIBITS:
Exhibit A Legal Description of Property
Exhibit B List of Included Equipment
Exhibit C Concourse Exterior Wall Advertising Area
Exhibit D Intentionally Blank
Exhibit E Field Maintenance Standards
Exhibit F Parking Area
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Legal Description Pasco Baseball Stadium (without Parking Lot)
The South 700 feet of the North 1850 feet of the West 550 feet of the East 1043::feet of the
northwest comer of Section 15,Township 9 North,Range 29 East W.M.Franklin County,
Washington.
EXHIBIT A
Page 192 of 200
Baseball Equipment
Battin Ca e:Full cover batting cage with minimum dimensions of 18'wide,14'deep and
9'high.It is recommendedthat the cage be portable and made of aluminum
frame to provide maximum maintainability.
Field Screens:Pitching Screen:Thigh x 8‘wide with 4'x 4'notch in upper corner.
Double Play Screen:7'high x 14'wide with hinged wings.
First Base Screen:7'high x 8'wide.
Shag Protector Screen:7'high x 8'wide.
EXHIBIT B
Page 193 of 200
Concourse Advertising Area
EXHIBIT C
East Side
West Side
Page 194 of 200
'itD
Intentionally Blank
EXHIBIT D
Page 195 of 200
PROGRAM
Fertilizing
Aeri?cation
Mowing
Edging
Irrigation
Chemical
Applications
Game Day
Field Preparation
Miscellaneous
emu:
Tri-Cities Baseball Stadium Maintenance Standards
FRE UENCY
April —October
May October
March October
May September
March October
March November
May September
Year Round
DETAIL
Application of complete NPK fertilizer with trace
minerals at 7lbs per 1,000 sq.ft.monthly in April,June,
July and August.Equivalent to ESN 18-3-15.In October
equivalent to 20-2—15 at 7 lbs per 1,000 sq.ft.Apply quick
release fertilizer at rate of 7 lbs.per 1,000 sq.ft.in front
of pitchers mound or any other worn areas.
Monthly in May,June,July and October.
Flag all irrigation heads prior to aeri?cation.Do not
aerify clay areas.
March —April mow at 2”height.Two weeks prior to team
practice mow at 1-1/2”and maintain until October.Mow
playing ?eld minimum of every other day and all other
areas twice per week.
Edge all base paths and in?eld perimeter twice per month.
Irrigate as needed but no less than 4 times per week for 1
hr.Immediately repair system as needed.
Identify turf problems and correct immediately.Apply
fungicide 1Stweek of November.Apply penetrating agent
or other chemicals as needed.
1.Drag and water in?eld as needed.
2.Wash loose dirt back into grass at dirt in?eld grass
transition areas.
3.Cover area in front of pitchers mound during practice
and pre-game warm up.
4.Drag and clean all red rock warning track areas.
5.T.ine in?eld as per baseball standards.
6.Paint out?eld out-of-play lines weekly or as needed.
1.Apply a minimum of 2 tons soil conditioner to the top
1”of all in?eld clay areas.
2.Repair safety net and wall pads as necessary.
3.Overseed all areas at the rate of 25 lbs.per acre.Seed
mixture to be approved by City based on turf analysis.
4.Spray fence lines with herbicide twice a year or as
needed.
EXHIBIT E
Page 196 of 200
1m
Exhibit F
Parking Area
,
“if?
PARKING LOT
EXHIBIT F
MY
Page 197 of 200
Page 198 of 200
Promote a high-quality of life through quality programs, services and
appropriate investment and re- investment in community
infrastructure.
City Council Goals
QUALITY OF LIFE
2024-2025
Enhance the long-term viability, value, and service levels of services
and programs.
FINANCIAL SUSTAINABILITY
Promote a highly functional multi-modal transportation system.
COMMUNITY TRANSPORTATION NETWORK
Implement targeted strategies to reduce crime through strategic
investments in infrastructure, staffing, and equipment.
COMMUNITY SAFETY
Promote and encourage economic vitality.
ECONOMIC VITALITY
Identify opportunities to enhance City of Pasco identity, cohesion,
and image.
CITY IDENTITY
Page 199 of 200
METAS DEL CONCEJO MUNICIPAL
2024-2025
Promover una alta calidad de vida a través de programas, servicios
y inversion apropiada y reinversión en la comunidad infraestructura
comunitaria.
CALIDAD DE VIDA
Promover viabilidad financiera a largo plazo, valor, y niveles de
calidad de los servicios y programas.
SOSTENIBIILIDAD FINANCIERA
Promover un sistema de transporte multimodal altamente funcional.
RED DE TRANSPORTE DE LA COMUNIDAD
Implementar estrategias específicas para reducir la delincuencia por
medios de inversiones estratégicas en infraestructura, personal y equipo.
SEGURIDAD DE NUESTRA COMUNIDAD
Promover y fomentar vitalidad económica.
VITALIDAD ECONOMICA
Identificar oportunidades para mejorar la identidad comunitaria, la
cohesión, y la imagen.
IDENTIDAD COMUNITARIA
Page 200 of 200