HomeMy WebLinkAbout2010.11.22 Council Workshop Packet AGENDA
PASCO CITY COUNCIL
Workshop Meeting 7:00 P.M. November 22, 2010
1. CALL TO ORDER
2. ROLL CALL:
(a) Pledge of Allegiance.
3. 87ERBAL REPORTS FROM COUNCILMEMBERS:
4. ITEMS FOR DISCUSSION:
(a) Inspection Services Presentation: (NO WRITTEN MATERIAL ON AGENDA) Presented by
Jesse Rice,hnspection Services Manager.
(b) Boat Basin/Marine Terminal Area Plan(MF#INFO 09-100):
1. Agenda Report from Jeffrey Adams,Associate City Planner dated November 15, 2010.
2. Vicinity Map.
3. Boat Basin/Marine Tenninal Area Plan (Council packets only; copy available for public
review in the Planning office, the Pasco Library or on the city's wcbpage at
htt :/%wtivw. asco-wa, ov/cif councilre orts),
4. Planning Commission Memo 10121110.
5. Port of Pasco, 10/7.10 Commission Meeting Minutes.
(c) Public Development Authority(PDA)formation for Downtown Revitalization:
1. Agenda Report from Rick White, Community & Economic Development Director dated
November 16, 2010.
2. Downtown Revitalization Advisory Group Report.
3. Draft Charter.
4. Draft Operatinb Agreement.
5. RCW 35.21.730-755 Public Corporations.
(d) Lease for Municipal Court Space:
1. Agenda Report from Cary Crutchfield, City Manager dated November 18, 2010,
2. Draft:County Lease,
3. CtuTent (1995) Courthouse Leasc Amendment.
(e) City Council Districts:
1. Agenda Report from Gary Crutchfield, City Manager dated November 19, 2010.
2. PMC 1.10.010.
3. Map of Current Council Districts.
4. Matrix, Population by P recinctDi strict, Current.
5. Map, Districts Option A.
6. Map, Districts Option B.
(f) Amendment of 2011-2016 Six-Year 'Transportation Improvement Plan to include 4`h
Avenue Corridor:
1. Agenda Report from Michael McShane, City Engineer dated November 12, 2010,
2. Vicinity Maps.
(g) Internal Financing for Kurtzman LID:
1, Agenda Report from Gary Crutchfield,City Manager dated November 15, 2010.
(h) Federal Legislative Consulting Agreement:
1. Agenda Report from Gary Crutchfield, City Manager dated November 19,2010.
2. Proposed Agreement.
(i) Rental Inspection Services for Richland:
1. Agenda Report from Gary Crutchfield,City Manager dated November 19, 2010.
2. Richland Resolution No. 76-10.
Workshop Meeting 2 November 22,2010
5. OTHER ITEMS FOR DISCUSSION:
(a)
(b)
(c)
6. EXECUTIVE SESSION:
(a)
(b)
(c)
7. ADJOURNMENT
REMINDERS:
1. 4:00 p.m., Monday, November 22, Port of Benton — Hanford Area Economic Investment Fund
Committee Meeting. (COUNCILMEMBER AL YENNEY, Rep.; SAUL MARTINEZ, Alt.).
2. 6:00 p.m., Monday, November 22, City Halt Conference Room #1 — LEOFF Disability Board
Meeting. (MAYOR MATT WATK[NS and COUNCILMEMBER REBECCA FRANCIK).
3. 12:00 p.m., Wednesday, December 1, 2601 N. Capitol Avenue —Franklin County Mosquito Control
District hoard Meeting. (C`OUNCILMEMBER BOB HOFFMANN,Rep.; AL YENNEY,Alt.).
4. 4:30-6:30 p.m., Thursday, December 2, Three Rivers Convention Center — Home Builders
Association of Tri-Cities and Tri-City Regional Chamber of Commerce "Annual Elected Leaders
Reception." (ALL COClNCILMFMBF.RS INVITED TO ATTEND)
5. 5:30 p.m., Thursday, December 2, Parks & Ree. Classroom — Parks & Recreation Advisory Council
Meeting. (COUNCILMEMBER SAUL MARTINEZ, Rep.; MIKE GARRISON, Alt.)
6. 5:30 p.m., Thursday, December 2, 710 W. Court Street — Benton-Franklin Community Action
Committee Meeting. (COUNCILMEMBER AL YENNEY, Rep.; REBECCA FRANCIK, Alt.)
City Hall will be closed `Thursday and Friday,
November 25 & 26 for the Thanksgiving Holiday
The next City Council meeting will be held Monday, December 6, 2010.
AGENDA REPORT
1011)�
FOR: City Council November 15, 2C 10
TO: Gary Crutchfi anager Workshop Mtg.: 11!22110
Rick White,
Community& lconomic Development Directory[/
FROM: Jeffrey B. Adams,Associate City Planner
SUBJECT: Beat Basin Marine Tti ? nal Area Plan t!`MF#INFO 09-1001
I. REFERENCE(S):
1. Exhibit"A"Vicinity Map
2. Boat Basin Marine Terminal Area Plan(Council packets only; copy available for public
review in the Planning office, the Pasco Library or on the city's webpage at
http://www.rlasco-wa.r?ov/citycouncilroorts).
3. Planning Commission Memo 10/21/2010
4. Port of Pasco Oct. 7, 2010 Commission Meeting minutes.
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
11/22: DISCUSSION
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
A. In March 2009 the City and the Port entered into an interlocal agreement to share the cost
of creating a master plan for the Boat Basin/Marine Terminal area. This agreement
established the City as the lead in a planning effort for the area with cost sharing on a
30/70 basis (S 15,000 City maximum; $35,000 Port maximum).
B. In December of 2009 the planning process began when the City and Port engaged the
professional services of Makers Architecture. The Plan has been crafted to identify
appropriate land use, provide for adequate infrastructure to the area and promote
economic development.. It is designed to guide the development of the Marine Terminal
area in a manner consistent with the Pasco Comprehensive Plan and the Port's Osprey
Pointe Business Park.
C. The planning process included information gathering and public outreach, "visioning,"
identification of advantages and constraints of the site,development of preferred land use
and design recommendations.
D. Public outreach occurred with stakeholder interviews (City of Pasco public officials and
staff, Port of Pasco commissioners and staff, representatives from the Army Corps of
Engineers and Cascade Marina in the Boat Basin), and neighborhood meetings in January
and March of 2010 at the Port of Pasco, A public workshop meeting was held with the
Planning Commission in June, followed by a public hearing in September and a public
meeting in October of 2010, The final product is intended to be "a concise document
designed specifically for use as an implementation guide." It includes maps, sketches,
and diagrams describing preferred land use, bicycle and pedestrian transportation
facilities, infrastructure,and other urban design features.
E. The Port of Pasco Commission formally adopted the Boat Basin and Marine Terminal
Plan at their regular Commission meeting on Oct. 7, 2010(see Reference#4).
V. DISCUSSION:
A. The preferred alternative designates the Marine Terminal site for general commercial
(approximately 4 acres), mixed use retail commercial which allows for the possibility of
limited, upper floor residential (about 26 acres total), business park (about 16 acres), and
open space for parks and along the BNSF rail corridor(nearly 9 acres).
B. The Boat Basin neighborhood zoning to the north would remain medium density
residential (approximately 16 acres); the Marina would remain industrial (about 3 acres;
an open space designation would be added for the park areas and the BNSF Rail corridor
(approximately 8 acres).
C. The next step would be to adopt the Plan and include it within the City's Comprehensive
Plan. This ensures the Plan will be used to guide future legislative and administrative
decisions concerning this area
4(b)
Vicinity Map 4N
Boat Basin & Tank Farm � I
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Boat Basin and Marine Terminal Plan
City and Port Pasco
Nw
September 2010
MAKE
1
Sat
Stakeholders Involved
Boat Basin neighborhood residents and marina operator •, ;;__ �'`
Washington Department of Natural Resources - •"s-^'•::,�•w
U.S.Army Corps of Engineers Real Estate
Port of Pasco Commission
Port of Pasco Executive Director = -
Port of Pasco Planning Staff
City of Pasco Planning Commission
City of Pasco City Manager
City of Pasco Community Services Director
City of Pasco Planning Staff
3
Table of Contents
Introduction page 5
Study Area
Historic Context
Existing
Opportunities
Constraints
Contamination
Ownership
Zoning
Adjacent Uses
Geographic Conditions
Utilities
Process page 20
Preliminary Alternatives
Refined Alternatives
Preferred Alternative
Plan page 26
Land Use
Transportation Infrastructure
Other Improvements
Summary
Development and Design Guidelines page 42
Architectural Elements
Parking Areas
Public Open Space
Pedestrian-Oriented Spaces
Signage
4
i4S Gb Q
Study Area
f Gla.PsL OI NTT
i
CO
RIIv ER
Study area context map.
S
Introduction
In order to complete a coordinated planning process for land use,
infrastructure, and amenity planning for the rivershore area east of the Cable
Bridge,the City and Port of Pasco entered into an interlocal agreement to
create a subarea plan for the Port of Pasco's former marine terminals site and
the Boat Basin neighborhood,which includes the Boat Basin marina.
Planning for the future of the Boat Basin neighborhood and marina and the j
Marine Terminal site allows the City and the Port to: �.
• Plan and coordinate future infrastructure investments to encourage
redevelopment
• Develop a land use concept to guide future development '4w
• Set a development vision for the rivershore area east of the cable
bridge
• Capitalize on a renewed interest in the Tri-Cities' rivershores
• Make the best future use of the site to support both community
objectives and economic development
Sacagawea riverfront trail in the Marine Terminal site.
6
Study Area
The study area is located on the north shore of the Columbia River, south of south access on the east and west sides, respectively. South 5th Avenue turns
Ainsworth Street,east of the Cable Bridge,west of the Port's Osprey Pointe into River Street,the levee frontage road, as it curves to the west.
Business Park,and approximately one mile south of downtown Pasco.
The Boat Basin neighborhood,adjacent the Marine Terminal site, is an
The 60 acre Marine Terminal site is primarily accessed from South 10th approximately 40 acre area with a small marina, a modest single-family
Avenue via Washington Street and from Ainsworth Street via South 9th and residential neighborhood, and Schlagel Park. The area is divided from the
South 6th Avenues. South 4th Avenue provides access to downtown under Marine Terminal site by a heavily used rail line, a portion of the Burlington
the Ainsworth overpass. Washington Street provides east-west access across Northern Santa Fe system (BNSF). The eastern edge of the site abuts the Port
the width of the site. South 5th Avenue and South 9th Avenue provide north- of Pasco's Osprey Pointe Business Park project, a commercial and office mixed-
use development, of approximately 110 acres.
Alnsw°`th Aven� v To downtown Pasco
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oF� Marine Terminal �pprokt� ne�ghbOrhO
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��Q q Saoagawea W Pahkagei Sm/nuts k /te /
ater
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Osprey
Pointe
Columbia River
Study area map.
7
Historic Context
The Marine Terminal site was once occupied by traditional industrial, storage,
��"� ,.�� �� �-ate' ;•�' ,��
and material-handling uses. The site has been used primarily as a petroleumj'ti '
storage and distribution facility since the earl 1940s. At its peak,the Marine ate" , ,, ' •
g Y Y p
Terminal housed 50 above-ground petroleum storage tanks. In addition to ✓.� '� ` ' � ^'!
petroleum products, agricultural chemicals such as fertilizers, soil fumigants, 4
and solvents were stored at the site. Transition of use and removal of the tanks
began in the 1990s; by 1999, all storage tanks were removed. , ^, •�.
A grain elevator and distribution center and a barge loading dock have also
been removed from the site or deactivated in the last decade. In recent `
years,the Port has attempted to lease portions of the site for light industrial
development with limited success.
Beginning in 1995 and continuing until 2008,the levee lowering project
has opened up riverfront properties throughout the Tri-Cities for additional Aerial photo of the Marine Terminal and Boat Basin in the 1990s.
public access and recreational uses including the Sacagawea Trail Loop.
Consistent with the levee lowering project,the Tri-Cities has seen a renewed
and increasing interest in riverfront development such as the Port of Pasco's
Big Pasco Industrial Center Plan and Osprey Pointe Business Park;the Port of
Kennewick's Clover Island Redevelopment;the City of Kennewick's Bridge- 1 i
to-Bridge, River-to-Rail planning;the City of Richland's Columbia Point 1
Redevelopment; and the Tri-Cities Visitor and Convention Bureau's Waterfront
Center Study.
RM •� L
Formergrain elevator and distribution center on the Marine Terminal Site.
8
Existing '����� . - •.;�'�.� ;
The Boat Basin currently contains a marina, a small residential area, and a
park. The marina has a limited number of slips (some covered), an upland boat _
storage area, a sales area, and a boat repair shop. A majority of the marina's K
business involves repair work on smaller boats. The marina operator has .
plans to expand and upgrade the marina's in-water facilities and has indicated
that most of the permits and approvals needed to begin the expansion and
improvements are in place. Most neighbors appear to support the marina and
its future plans. The marina's most significant issues are the size of the boat
basin, which limits the capacity of the marina, and the lack of good signage and
access to and within the area.
The residential area is comprised of mostly small,older,single-family homes
that are primarily owner-occupied. Though the neighborhood has been Slips in the Boat Basin marina.
typically viewed as a low-income area,on-site inspection reveals numerous
well-kept homes with the image of an improving character.
3
4th Avenue in the Boat Basin.Homes shown here are typical of the neighborhood. Boat storage and upland facilities in the Boat Basin marina.
9
The construction of the Ainsworth Street overcrossing reduced access to the
Boat Basin area to Second and Grey Avenues; Railroad, Fourth and Third Avenues
now end at the overcrossing's retaining wall. The overcrossing is a mixed
blessing:while it has improved sound protection and railroad crossing safety,
the reduced neighborhood access and visual impact of the overpass retaining
wall are an issue. The neighborhood is also impacted by noise from the existing
railroad and from occasional problems caused by unsavory activities occurring in
Schlagel Park, partly a result of the park's physical and visual isolation.
Schlagel Park is an attractive waterfront park with good river views and
waterfront access, a picnic area, a boat launch, and open space. The park
is isolated because of the aforementioned access limitations and a lack of
connection to the Sacagawea riverfront trail. The boat launch is well used, but Ainsworth overpass in the Boat Basin neighborhood.
a conflict exists between boaters and recreational swimmers at the launch. In
addition,the launch ramp and launch floats need maintenance and repair.
Schlagel Park with an excellent view of the rail bridge. Boat Basin boat launch and covered boatslips in the marina.
10
The Marine Terminal site offers an accessible riverfront,an existing waterfront trail,
significant views of the Columbia River and the Cable and Rail Bridges,and an open,
flat topography with strong redevelopment potential located within Pasco's urban core. ;
Hydrocarbon contamination from prior uses on the west portion of the site is I ' -
currently being remediated by the Port of Pasco,with completion anticipated in
approximately 2016.
This site will become a blank slate for development as the few remaining
businesses leave and final cleanup activities are completed. A truck wash,garage,
electrical substation,and cement distributor with rail spur remain on the site.
The cement facility is expected to leave the site in the near future. The electrical
substation,owned by Pacific Power and Light, is assumed to remain.
The electrical substation.
The former barge wharf on the water side of the flood control levee is also
inactive, presenting a unique opportunity to develop water-dependent, -
recreational, or public access uses on the water side of the levee.
FARw .
f .
Truck wash in the Marine Terminal site. The cement distributor and rail spur servicing it.
11
Opportunities
Riverfront Setting and Views. The Marine Terminal and Boat Basin sites have Open Site. The Marine Terminal site is in transition from its former industrial
significant and attractive riverfront settings. Both sites offer commanding uses to new opportunities. As the remaining few uses, including the cement
river views, with special views of the Cable and Rail Bridges. Schlagel Park handling facility, leave and cleanup projects wind down,the property will offer
offers direct water access and a boat launch for public use. The Sacagawea alomst 60 acres available for waterfront redevelopment.
waterfront trail and Schlagel Park offer significant public view opportunities.
Affordable Waterfront. The Boat Basin neighborhood offers the potential for
Existing Public Access Resources. The project planning area is served by single-family homes at modest prices. Land values throughout the area are
the existing waterfront trail system and two parks,Schlagel Park and Cable also reasonable,offering the potential for affordable waterfront residential.
Bridge Park. These parks,the small boat marina, and other public open space
opportunities provide the area with an array of public access resources.
Limited Ownership. The limited ownership of the Marine Terminal site,
primarily the Port of Pasco, provides an opportunity to have more control over
the quality and pace of development and investment.
Mercier
Park
Downtown Shopping
Access
Ainsworth Overpass
Cable Bridge
Park
Waterfront Trail
High Residential
Old Barge Wharf Cement Ownership Rates
Handling Schlagel
Cable Bridge Park
View Direct Water t� Vantage
Access Points Osprey
River Views Marina Pointe
Business
Rail Bridge Park
View
River Views Waterfront Trail—�
Opportunities map.
12
Constraints
Limited Access and Visibility. Access to the Boat Basin is limited to two Levee and Roadway Height. The Marine Terminal site is bordered by
points from Ainsworth Street, one block apart,while the Marine Terminal site Ainsworth Street,Tenth Avenue,the BNSF rail line, and the flood control
is limited to three access points, one from Washington Street and two from levee along the river. In all but its northwest corner,the property is 10 to 1S
Ainsworth Street. This access limitation in the Boat Basin has an impact on the feet below the height of the adjacent roadway, railway, or levee. This edge
marina's ability to operate. Limited access and visibility also creates security condition will affect both views from the property and access to the site. River
and safety concerns at Schlagel Park. views from the site will generally occur at the second-floor level and primarily
along the southern edge of the site.
Railroad Noise. The existing BNSF rail line, which divides the Marine Terminal
and Boat Basin sites, is heavily used . The noise generated by the line will Substation. An electrical substation occupies approximately one acre near the
impact adjacent development. center of the Marine Terminal site. The substation is expected to remain as a
permanent site fixture and will have a significant impact on the development
Barriers. South 10th Avenue,Ainsworth Street,and the railroad all present of the site's functional layout.
high-traffic barriers at site edges or within the site. These barriers will impact
development and restrict easy integration of the site with its adjacent neighbors.
Limited Access
Y.d.at—1 Indirect Trail
oadway Connection
Grade at `Overpass Wall
Park
Dangerous Limited Access
Informal Railroad
Crossing Noise
bstation
Cleanup Areas
Levee Height
Significant
Lack of Direct Grade
Water Access No Trail
Connection--p Conflicting X Isolation of
Uses Park and Marina
Constraints map.
13
Contamination
Contamination (primarily hydrocarbons from prior tank farm use)on the -
southwest portion of the Marine Terminal site is currently being remediated IWO* ! ! `
by the Port of Pasco,with completion anticipated in approximately 2016.
Although a large portion of the Marine Terminal site is clean and ready for �-
development, portions of the site are still being mitigated. These locations,
generally in the southwest quadrant and in the center of the site,will continue .,"►
to be part of an ongoing cleanup process for several more years. The degree of
cleanup and length of time required to complete it will depend on the type of
future use anticipated for that site. For example, a ground-floor residential use -
would require a higher level of cleanup than a ground-floor commercial use or
parking.
On-site remediation area.
A/nswo
r`nA�„e Total Petroleum Hydrocarbons
`s in Groundwater(MG per Liter)
- <50k
- 50k to 100k
w=n nsmn rer r >100k
so , Mid Cont&nination
Worst Contamination Total Petroleum Hydrocarbons
in Soil(MG per KG)
- <1,000
- 1,000 to 5,000
- >5,000
Least Contamination
Columbia River
1993 contamination levels map.
14
Ownership
The Port of Pasco owns the majority of the Marine Terminal site. Other With nearly three-quarters of the study area owned by the Port of Pasco
ownerships include the substation site (Pacific Power and Light),two smaller and Corps of Engineers,the ability to create a coordinated development
private owners, and the City-owned street rights-of-way. plan is significantly less complicated than reaching consensus among many
different owners. This ownership pattern will be a significant advantage in
Approximately 50 percent of the Boat Basin area is federally owned (Corps of implementing the plan.
Engineers),with the remaining property in private ownership. The privately
owned property is primarily the residential area between Washington Street
and Ainsworth Street.
Nib
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1 mom
ism 1�
�R1Vk�QwKeR �oa.'c
Pont of PAS--0
FA C, FIL P&WEl 4LY,HT Leo'SHoR�►�-1U
® GoRQs cF s4w-NEE^RS
—1
C11Y of PAS�t.O �t-RIMstA E�/z.�L^
Existing property owners map.
15
Zoning
The project area is primarily zoned Light Industrial (1-1). This zoning In the Franklin County Shoreline Master Program, both the Marine Terminal
classification covers the Port-owned property in the Marine Terminal site and and Boat Basin sites within 200'from the shoreline are designated Urban
the marina and Schlagel Park in the Boat Basin. A small upland area near the Shoreline. This designation focuses on water-dependent uses within this
east end of the Boat Basin residential area is also zoned 1-1. The Boat Basin 200-foot Shoreline Zone and is divided into three categories: Commercial,
residential area is a checkerboard of two different zones, R-2 and R-3, both Residential, and Ports and Industrial. In all three categories,the uses permitted
Medium-Density Residential. A small area fronting South 10th Avenue at its outright are "water-dependent" uses such as barge terminals, marinas, boat
intersection with Ainsworth Street is zoned Retail Business (C-1). launches,etc. The "water-related" uses permitted outright include parks,
public access, and cargo or related warehousing facilities, including grain
The primary restrictions under existing zoning are related to the development elevators. Conditional uses include parking, apartments, lodging, and food
of mixed use including upper level residential uses on the Marine Terminal service. Residential with shoreline access is an allowed conditional use in the
site. The current 1-1 zoning allows only caretaker housing and does not provide Shoreline Zone.
appropriate land use flexibility to make mixed use construction on this site
feasible.
Zoning
- t+ » 0 R-2 Medium Residential
r �•.•� �' -� y�, � R-3 Medium Residential
f • • -
- • _ .•• y , �� R-4 High Residential
f '
;• .•"••., 1�AL C-1 Retail Business
Z,' {, '••.• — C-3 General Business
••� - 1-3 Heavy Industrial
•.
ti s'�• !•.�� 1-1 Light Industrial
Jr '• - + • • y r !!••`-- 0 2500 500 Feet
�s } •
_- ♦ 200'Shoreline Zone 4 1 ; 0 ' f ��••.•
r• �
•
Existing zoning map.
16
Adjacent Uses wa
tthq�Ve
Warehouse i s Single Family Neighborhood
i m
To the west of the Marine Terminal, on the opposite side of 10th Avenue, is an _
Ray Poland&Sons,Inc.
existing motel and warehousing uses. To the north, across Ainsworth Street, is _ ° v
a residential neighborhood that borders the south end of downtown Pasco. ;
e � Marine Terminal
Across Ainsworth Street,to the north of the Boat Basin, is an old gravel pit and Single Family
the yard of Ray Poland &Sons, Inc., a general contractor. To the east is the Port Neighborhood '
of Pasco's Osprey Pointe Business Park development. Boat Basin
Pinty
�
Pointe
Columbia River —————
Osprey Pointe Adjacent uses map.
Immediately adjacent to the east of the Boat Basin site is the Port of Pasco's r`
future 110 acre Osprey Pointe Business Park. When completed,the Port
envisions over one million square feet of new office and support buildings
and significant open space and public access trails facing the Columbia River.
Phase I of the project's implementation is now underway with the construction _ _of a 21,000 square foot office and Port headquarters building expected to be
rat Y � A614 L.
1
completed in January 2011. The 20 acre Phase I development will include six
office buildings and a five acre landscaped public access and gathering area 4- ` 1 A: k ,
M•
and shoreline pathways. r ��,imi;i�- = ', -,•���� "'�"�f,,
The success of Osprey Pointe will provide a significant public benefit to
the Pasco community by expanding the employment base and economic
development opportunities. It can also be a significant force in promoting _
redevelopment of the Marine Terminal and Boat Basin marina. The potential -
creation of hundreds of new jobs within walking distance of the Marine
Terminal site is a significant opportunity for economic development.
Osprey Pointe design.
17
Osprey Pointe anchor building.
l 7"Y'1 f T T •M�u.....Samoa...*Omani •,,
AP
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•.up..u.uu........uu.........u...�
Phase
■ Building one.under construction
five building sites in Initial pirp.natian w(A is undr,lv.ly. +
COW11111►IaYOI-���-
Osprey Pointe site plan.
18
Geographic Conditions
Topography Soil Conditions
With the exception of the northwest corner,the Marine Terminal site sits in a The Marine Terminal site soils are a compilation of fill material and stable
bowl. Although the site is primarily flat with a gentle slope toward the river, soils. The site area north of Washington Street presents relatively stable soils.
it is below Ainsworth Street, South 10th Avenue,the BNSF rail corridor, and The area between the riverfront and Washington Street is composed of less
the riverfront levee. This bowl setting is most likely due to prior site regrading stable soils and fill material sloping toward the levee, where the distance to
that leveled the area behind the levee for industrial use. As a result,the site stable soils is approximately 20 feet below grade. Construction of multi-story
is between 8 and 15 feet below Ainsworth Street,the top of the riverfront buildings in this area will require a pile-supported foundation.
levee, and the railroad. Being below the level of its surroundings means any
building on the site where views are important will need to be constructed on Water Table
a platform over parking or other ground floor use where view is not a critical The water table in the Marine Terminal area averages between 4 and 6
concern. This condition will have the most impact for construction along the feet below grade. This relatively high water table can be a constraint for
site's riverfront area. underground utility installation and any below-grade construction.
The Boat Basin marina was originally an excavation site for levee construction
and is not a natural basin. It sits approximately 20 feet below its surroundings.
The marina,therefore, is visible from the residential area but does not block
views. The surrounding residential area is relatively flat with good river views Potential for additional
to its south. building height to L
v, C provide views r t o
v
rn o t —4- 3
c
= r-�
L
I
Business Di trict i 360'
Trail Central Park ti 350'
Fill —' — --"� 340'
Structural
Aluviurn /- Footings 330'
- Pile into stable
Gravels gravels layer 320'
Marine Terminal site section. Adapted from Meier Asscoiates'Conceptual Development Plan for Port of Pasco Bulk Fuel Terminal.
19
Utilities
In the Marine Terminal,there appear to be significant underground utilities
Arne"+orrM1 A✓enu ,
under both the Washington Street and River Street rights-of-way. Maintaining r••....,�
these existing utilities will significantly reduce the initial implementation costs
a,M1,9ros. _
for Marine Terminal redevelopment. River Street may, however, require some _
adjustment in its right-of-way to provide adequate space for development
A •
between the roadway and levee. Investigation of the utilities in that area
`el , 'i
will be needed to see if adjusting the roadway location will require utility f.' : ....___
relocation.
' .. .....................
.......... \I;
Based on prior site analysis drawings,the following underground utilities are
U�
expected to be found on site. Ler Osprey
P Y
Pointe
Washington Street —
• 20"sewer
• 8"water Utilities map.
• Natural gas to South 9th street
• Storm in the vicinity of South 9th Street
River Street
• 12"water
• Corps of Engineer storm
South 9th Street
• 16"water
• Natural gas south of Washington
• Storm
South 5th Street
• 12"water south of Washington
• 16"water north of Washington
• 20"sewer north of Washington
20
Process
The Master Plan and supporting options were developed considering input The following goals shaped this subarea plan:
from local stakeholder interviews, public workshops, and City Planning
C Define a new land use vision for the area
Commission and Port Commission meetings.
• Capitalize on riverfront setting,views, and access
• Incorporate a mix of uses: housing, retail, office, and light industrial
• Coordinate with other City and Port plans and objectives
• Encourage public access to riverfront
• Provide usable public open space and amenities
• Attract investment to the area
February January April May June July August
-• 1 Information Gathering. •
-• 2 Alternative Development
-• 3 Preferred Alternative&Subarea
Existing Conditions
Summary Draft Plan Final Plan
Stakeholder * — —
Interviews Workshop 1 Workshop 2
Project Kickoff Workshop 3
i
Project schedule.
21
Opportunities&Constraints Preliminary Alternatives
- Y rte►.' � � ti. � / �l . �/�.�.
7' - --
r,
Refined Alternatives
Preferred Alternative
-' ��: :.• �� -_; 'Pt r Preferred Alternative
�, - - i:i �tom'• �.......
H rrArrrnCrwra•� 4
� :swrlw•rw
k U�r.o.pan� C
c.w.o••.os•- �
w.bww-
cw.r..o•r r.w
22
-- Altef
Preliminary Alternatives
`•.,-�7 r
Preliminary Alternatives Athrough C-Existing Grid, Boulevard, and Central Green, - --�•;"� _ .� ; =�V ;, � r _, �/ �°. -�
respectively-were developed using data gathered for the Existing Conditions
Summary. All three alternatives approach land use in the Marine Terminal site similarly. :�� � •' �"
They place large floor plate uses along Ainsworth Street and taller, mixed-use buildings
along the riverfront. This maximizes views and reduces impacts on neighbors to the
north. All three alternatives improve a portion of the Boat Basin to create a designated Alternative A-Existing Grid.
public beach area, replace the boat launch, and connect the Sacagawea Waterfront
AtterAetive B:Boulevard
Trail under the rail bridge.
Alternative A-Existing Grid builds upon existing streets in the Marine Terminal and ! J .,, •_ _ °d
aligns proposed streets with those adjoining the site. This alternative features the •~ �"" + i !' "
most efficient vehicular circulation and maximizes office and commercial uses. In the r 4
Boat Basin,this alternative leaves the neighborhood as is and supports the marina's
expansion plans.
Alternative B-Boulevard envisions Washington Street as a large, curving gateway *'•`� +'
boulevard. It relocates the street to the north in order to reduce parcel sizes between
Washington and Ainsworth Streets. The resulting parcels are well sized for smaller -`
shopping centers,take advantage of good Ainsworth access, and provide services Alternative B-Boulevard.
to south Pasco. The alternative also incorporates a mix of housing types. Similar to
Alternative C:Central Careen
Alternative A, Boulevard leaves the Boat Basin neighborhood as is and supports the
marina's expansion plans.
Jr
Alternative C-Central Green removes Washington Street in the Marine Terminal site in . \4
favor of a central, linear open space through the sites core. Mixed-use opportunities
are concentrated around this central green and office space is primarily located at ' "~»:;� •� �!`
the site's west end. Circulation is more circuitous in this alternative and surrounds //,' ":e `� ,''-�, ;•_
the mixed-use and office development. This alternative also upzones the Boat Basin +�', �'� ~•-.
neighborhood to unify its zoning to R-3. It replaces the marina with a community aquatic sac......
r HM.Mw•
facility that includes large beach areas, kayak rental and lessons, and supporting retail.
Alternative C-Central Green.
23
- �f. it-�• _ _ _
Lunchtime Meander
- — �-►wawa fa..csv.
Refined Alternatives °
�C .
During the review of the Marine Terminal portion of the preliminary alternatives,
it was determined that these alternatives were too reliant on residential uses,
included sensitive uses in areas with long term contamination mitigation needs, and '
could disrupt existing utility lines. In addition, during the planning process, updated
information on the location of contaminated areas was provided. The refined
alternatives were developed in response to these concerns and new information. All Alternative A.1 -Lunchtime Meander.
three refined alternatives relocate residential use to the upper levels of new mixed use
buildings or to areas without contamination. They are based on Preliminary Alternative Retail ViNage
A- Existing Grid and are described as follows.
The Lunchtime Meander concept removes residential uses from the Marine Terminal
site completely,focusing on attracting employment centers. Large open s aces are _ '♦f ~C "
-.
n...r.
_ pro........
minimized in favor of linear spaces. These will cater to employees by providing long
stretches of uninterrupted landscaped paths for walking,jogging, and cycling. Taller
office buildings are located on the riverfront to take advantage of the views,while
single story business park uses occupy the remainder of the site.
r
The Retail Village concept maximizes small scale retail on a central plaza that is well
connected to the riverfront. The concept envisions a hotel sited between the plaza and Alternative A.2-Retail Village.
river to take advantage of the views and plaza. A small residential area is located in the .
southeast corner of the site. Office use is located above ground floor uses surrounding /CappedCential Green
the retail plaza. Ainsworth Street and South 10th Avenue are lined with auto-oriented
commercial and business park uses.
The Capped Central Green concept provides a large open space in the center of the -- C) ,,..
site,with connections to the riverfront. Because the open space sits on top of the
most contaminated area, an engineered cap will be needed to allow recreational use
by residents and visitors. Similar to Retail Village, a mixed-use residential component is
located in the southeast corner of the site, mixed-use along the central waterfront area,
and office along the southwest side. A hotel is envisioned to take advantage of river .y —
views. Auto-oriented commercial and business park uses would front Ainsworth Street.
Alternative A.3-Capped Central Green.
24
Preferred Alternative
Alternative analysis table.
Both the Preliminary and Revised Alternatives were evaluated relative to each
option's flexibility, use of existing transportation infrastructure, avoidance o
a�
of utilities, response to contaminated areas, and orientation to maximize o Y LA riverfront views. Based on this analysis,the preferred alternative was = c ¢ > fl
created. It expands primarily upon the Capped Central Green concept, but t ,� v 0 _0 p
M 41
replaces single purpose office and residential within the Marine Terminal �, o
0 N W 00
site with mixed-use commercial and residential. This concept leaves the N E M CU Qj
maximum flexibility for future development since commercial land use can .2
Lj_ c° R J u
include a variety of uses, such as retail,office, and residential. As for the Boat Alternative A X X X
Basin neighborhood, zoning is recommended to be unified to R-3 to ensure Alternative 8 X
consistency and a less complex mix of zones within the neighborhood.
Alternative C X X X
The preferred alternative calls for two primary gateways to the Marine Retail Village X X X X
Terminal: 1)South 10th Avenue and Washington Street and 2)Ainsworth Lunchtime X X X
Street and South 7th Lane. A secondary gateway at Ainsworth and Grey Meander
Avenue will signify the appropriate entrance to the Boat Basin for the marina, Capped X X X X X
boat launch, and Schlagel Park. A public beach and expanded marina are also Central Green
recommended in the Boat Basin. Preferred X X X X X X
Alternative
25
Preferred alternative land use designations.
Ainskorh 3 Preferred Alternative
Ave„uP > Business
Development O Medium Density Residential
Primary J -Primary gateway O Medium Density Mixed Use
gateway > PublicvOpen Space High Density Mixed Use
wash;ngro (contamination cap) Low Density Commercial
"srrPPr � �°' Business Park
Open Space
O Light Industrial
-*+Pedestrian Connections
` Landscaped Boulevards
a
Existing Residential
(unify zoning to R-3)
Viewing deck i
Marina, launch, and
Capped parking beach gateway
(Hold for future development)
Riverfront
Development '
Potential hotel '
Riverfront ' — _ — Osprey
_ i Pointe
Support Enhanced boat launch,
Trail undercrossing
Columbia River Public beach parking, and access
Boat Basin New marina park
Marina and Park Expanded marina
26
Plan
The preferred Boat Basin and Marine Terminal Master Plan envisions an The plan:
efficient riverfront development that supports commercial, recreational, • Maximizes the benefits of the riverfront setting
residential, and business park activities in the Marine Terminal site. For the • Is flexible for future uses dependent upon demand
Boat Basin,the plan respects the existing neighborhood and builds on existing • Supports a mix of uses in the Marine Terminal core riverfront area
assets such as Schlagel Park and the marina. • Integrates the existing Boat Basin neighborhood
• Retains neighborhood identity established by Boat Basin residents
• Supports plans to expand marina operations
• Can be implemented in phases to reduce up front costs
• Retains existing roadways and utilities infrastructure
• Works with ongoing site mitigation/cleanup activities
' M.M M
40
A r
Axonometric view of plan concept.
27
Preferred concept plan.
Ainsworth AveryV v
s c
a View Corridor to River
v
Jv
'Public Open Space
lwashn9ronstree ^ s Substatfon ,Q,
f
N Raiload Buffer
v
a
View Point
Sacagawea Trail 4~"i p&Oa
Osprey
Trail undercrossing �
Pub
'iti View Point
beach Pointe
Columbia River _
Enhanced boat launch,
Fee, parking, and access New marina park
28
Land Use
The following land use recommendations take advantage of the unique Medium Density Residential. This use is recommended to unify the zoning in
character and development potential of the Marine Terminal and Boat Basin the existing Boat Basin residential area. It allows one residential unit per 3,000
properties. They are based on a layering concept that locates uses with square feet of lot area with two to three story buildings.
the highest development and land value potential nearest to the riverfront.
Supporting uses,such as parking, support Medium Density Mixed Use. This use recommends upper floor residential
pp g p g, pport services, and open space, are
clustered behind the riverfront area. Uses requiring larger ground floor areas or commercial office use with ground floor retail commercial uses comprised
and direct arterial access are located adjacent to Ainsworth Street. The of approximately three story buildings. A Planned Unit Development is
recommended land uses are summarized as follows: recommended.
Low Density Commercial. This use is recommended to respect the existing High Density Mixed Use. This use recommends upper floor residential or
commercial uses along Ainsworth Street. It allows single-story drive-up commercial commercial office use with ground floor retail commercial and parking uses
uses.
with a potential building height of three to five stories. A Planned Unit
Development is recommended.
wo, e Recommended Land Use
`hare Business
Development O Medium Density Residential
OMedium Density Mixed Use
PubligOpen Spage - High Density Mixed Use
=e;^9ro^S Low Density Commercial
- Business Park
Open Space
Light Industrial
oJ/
Existing Residential\
i
Riverfront
Development _
Riverfront �_—\ — �� Osprey
Support —__ � Pointe
Columbia River
Boat Basin
Marina and Park
Recommended land use.
29
Marine Terminal Site Areas
Riverfront Development Area
The area between River Street and the levee has the highest land and amenity
value and the most development potential. With proper design,this area
Columbia FOver FSver Sueet
is expected to grow as a highly desirable mixed use area with ground floor ew«y--w!!!' Ir-tv,ir= Water Table
commercial/retail uses and upper level residential. The recommendations for
this area create incentives to encourage development of a cohesive,viable Pilings Stable Soils Layer
mixed-use project adjacent to the riverfront.
The ground floors in this area will be below the top of the levee and will Conceptual riverfront development area section.
lack river views. For this reason,this floor should be devoted to commercial
and parking uses where view is not as important an amenity. The second
building level would be at or near the levee height and would be appropriate
for either commercial office, restaurant with river views, residential uses, or
a combination of the three. Floors above the second level would be most
valuable as a residential use.
It is anticipated that buildings in this area need to be between 45 feet and 55
feet tall depending on use of gabled roofs and how their height is measured. _
Allowing at least three floors of construction above the top of the levee will be
needed to provide the density required to make development economically
feasible. tIF'"
Key Development Consideration: River Street is located close to the levee.
When the street is reconstructed, it must be appropriately located to provide
adequate space between the levee and street right-of-way to allow the
construction of proposed buildings. t
Illustration of development scale.
30
Riverfront Support Area Business Development Area
This area is located between Washington Street and River Street. It is primarily This area is located between Ainsworth and Washington Streets. Its large
an open space, parking, and support area for the Riverfront Development open areas with good arterial access make it valuable for uses with larger
Area; however, other uses may include convenience retail, commercial office, ground-level floor plates. The recommendations for this area promote the
professional office, and upper level residential. The recommendations for development of high-quality,job-producing businesses that support residential
this area promote mixed-use development in support of the Riverfront and retail uses envisioned on the site.
Development Area.
The vision includes development of clustered commercial, research, and
The support area has slightly less land value than the riverfront zone with less high-technology manufacturing uses in a campus planning concept. The
view amenity and less direct connection to the riverfront. Therefore, it is a large-lot parcels that are possible in this area are compatible with campus style
primary location for non view associated parking, retail, and public open space development.
in support of the riverfront development area.
Since the site is relatively flat, it is also a primary location for a large public
open space. A large central open space is suggested between Washington and
River Street, adjacent and surrounding the electrical substation. The open
space both buffers the substation and is an engineered capped and shallow
fill over some of the site's existing hydrocarbon remediation areas. A wide
corridor also links the open space to the waterfront. It is recommended that
most of the buildings fronting the central green include street front retail use
to help enliven and activate the space.
Most buildings in this area should be two to three stories in height with a mix
of uses including retail, office, and some upper floor residential. A taller four
to five story hotel is also a possibility if sited adjacent to River Street and the
A wide corridor links the central green to the riverfront.
pedestrian corridor with one side opening onto the central green.
31
Boat Basin Site Areas
Existing Residential Area
i This area includes the existing residential community on the bluff above the
Boat Basin marina and park area. The recommendations for this area allow
II more flexibility and uniformity in future residential development.
The existing Boat Basin residential site contains a modest collection of owner-
occupied and rental homes. The area is currently zoned a mixture of R-2 and
R-3, with a small area of Light Industrial (1-1) zoning. To improve the value of
the neighborhood and promote more opportunities for future redevelopment,
- unifying zoning throughout is recommended.
T
Boat Basin Marina and Park Area
Example retail fronting the central green.
This area includes the existing small boat marina, upland marina support areas,
and Schlagel Park. The existing conditions and zoning are adequate for the
current and anticipated future use. Should the marina operation cease,then a
' new zoning classification may need to be considered.
Though outside the scope of this plan, coordinating with the Port to alter
r„.
,4 the west end of Osprey Pointe to more residential and residential supporting
commercial uses is recommended. This would build off the strengths of the
— existing neighborhood, align itself nicely with those desiring marina adjacent
r homes, and improve the transition between the Boat Basin and the Osprey
' Pointe development. It may also provide a location for marina supporting
retail services, a critical need identified by the marina operator and in the Tri-
Cities Waterfront Plan.
Example of a central green.
32
Transportation Infrastructure
The plan's street and vehicular transportation concept is built efficiently on
existing street rights-of-way and attempts to maintain existing utilities for i/
future use. It enhances right-of-way function for pedestrian, bicyclist, and
vehicles and provides good access to redevelopment sites. ..:�
Undergrounding electrical and phone lines during roadway reconstruction
should be considered, especially in the residential areas of both sites.
Marine Terminal Site
Washington Street. Washington Street is envisioned as the site's defining
boulevard and circulation spine. It will be a two-lane roadway with curbside
parking, center median,generous landscaped parking strip, and sidewalks on Washington Street in the Marine Terminal today.
both sides. The street right-of-way will also house significant underground
utilities,which would be costly to relocate if its alignment were changed.
Utilities
00.000.0-0
p...p..
6' 9' 9' 16' 12' 16' 9' 9' 6'_ 4
Sidewalk Planter Parking Travel Lane Median Travel Lane Parking Planter Sidewalk
Right-of-Way Proposed Washington Street(Marine Terminal).
33
Streets and access routes concept.
AinS n �
_ Primary Gateway
a'
t v
� v
Ainsworth Avenue
N 3
� C
Q Qi
washin n 4 Washington Boulevard
¢'
Q.
` r
� � c
Q Marina, launch, and
a beach gateway
flp at Grey A�,enue
e N
River Street , i ` , ,
Osprey
Pointe
Washington Street — _ _ _
Columbia River — — `
150 300
34
River Street,South 5th Avenue,and South 9th Avenue. These streets provide
riverfront area access. The plan recommends upgrading these to two-lane
roadways with parking on either side. Siting buildings close to the street right-
of-way should be encouraged to provide a neighborhood retail atmosphere.
M
There are several utilities under the existing street alignment. These utilities -
should be considered in order to limit costly utility relocations as the area
redevelops.
River Street today.
Water Table Utilities
12' 8' 14' 14' 12'
Sidewalk j Parking , Travel Lane } Travel Lane id—Se walk
60'
Right-of-Way
Proposed River Street.
35
Boat Basin Site
Washington Street. Washington Street is the primary circulation, marina and
park access, and pedestrian corridor for the Boat Basin. The plan recommends
defining this street with curbs,gutters, landscaping, and a consistent walking
path,which will eventually become part of the Sacagawea Trail.
Carefully design landscaping on the portion of Washington Street above the
Boat Basin site so it does not impact views for local residents.When connecting
Sacagawea Trail along this street, install a bioswale on the south side between
the roadway and path to respect the existing neighborhood character and reduce
stormwater runoff. Relocate the marina's security fencing to the bottom of the
hill and replace with a decorative fence adjacent to the new pathway.
Grey Avenue and South 2nd Avenue. These access streets provide the only Washington Street in the Boat Basin today.
vehicular access to the Boat Basin area. The plan recommends upgrading
- ji -- Trees West of 4th
Grey Avenue as the main gateway and access route with paving,walkways, and East of 2nd
landscaping, and signage. r Only
Decorative y }
Fence \h
12' 9' 25' 8'
Relocate Marina r r
�• Fence to Bottom Multipurpose Bioswale Shared Roadway Gravel
/of Hill Path Planter Parking
� d
�Y-
30' 54'
Levee Right-of-Way
Relocate the marina's fence to the bottom of the hill. Proposed Washington Street(Boat Basin).
36
Trail and Pedestrian Improvements
Sacagawea Trail. Promote the Sacagawea Trail as a regional public amenity.
Align with active uses to support the trail and to improve its accessibility,
continuous riverfront setting,and security.
Coordinate the design of Sacagawea trail improvements and additions with the
rest of the trail as a regional facility with some tailoring to indicate arrival at
the Marine Terminal and Boat Basin area.
Improve Sacagawea Trail safety by continuing to work toward an undercrossing 7 '
at the BNSF Railroad Bridge. The existing path,which detours around the Boat
Basin site on Ainsworth Street,tempts trail users to shortcut this detour by
crossing the railroad at informal—and potentially unsafe—locations.
Once the undrecrossing is achieved, link the trail to Washington Street in the
Boat Basin and then to Osprey Pointe. This will significantly improve the trail's
usability, user base, and the connection between Marine Terminal, Boat Basin,
and Osprey Pointe sites.
The rail bridge is frequently visited,despite the lack of a formal undercrossing.
37
Pedestrian routes and improvements concept.
Ai
nsworrhAVe" '� a v cx Multipurpose Trail
Pedestrian Pathway
o
v Public Open Space Sidewalk
L Railroad Buffer View Point
washn9to � � a
Significant Intersection
r _ Pedestrian Oriented
r
Street Front
d o
c
AE
` Q
C
ti
` � Q
Sacagawea Trail !�
iQ Osprey
Trail Undercrossing _ Pointe
Columbia River New Sacagawea — ' ' �l�Cr
o �� Trail Link
38
Other Improvements
The following, in addition to land use and transportation improvements, are
other recommended improvements to support the Boat Basin and Marine
Terminal plan. These projects will occur in the publicly owned areas and may
be provided as part of:
• Public improvement costs to support the project
• Private developers' investment in the project A Ail
• Public/private partnership where the Port,City, and developers to
share capital improvement costs =` 4
Old Barge Wharf. Improve the old barge wharf as an open space and seating
for outdoor and adjacent restaurants and cafes. Consider incorporating a
direct river access feature, such as stairs leading to the water.
The barge wharf is a great location for outdoor seating and direct water access.
Substation. Isolate and screen the existing power substation by surrounding it ('
with green open space, parking, and significant landscaping to reduce its visual
impact. Consider buffering with a rail car exhibit (in coordination with the
Washington State Railroads Historical Society Museum), building on the unique
— f-�
setting of the area.
'6
Screening with significant landscaping will help reduce the visual impact.
39
Railroad Buffer. Provide a significant, heavily landscaped open space buffer a
minimum of 100 to 150 feet between each side of the BNSF rail line and any
adjacent occupied building. Incorporating a rail car exhibit into the buffer(in I
coordination with the Washington State Railroads Historical Society Museum),
would build on the unique history of the area. `
Beach Area and Safety. Create an expanded beach area at Schlagel Park that
will separate boat launch and swimming activities in this area.
Screening both sides of the tracks will help decrease the noise impact of the rail line.
`
No
No Se Permite
Nadar
row I
-
�o U PG?zADr--13o),-T LAr_u d4
91,Ll F1
V1BWr-c iw f
SSFA�F-ANTE P SA.cN P-ElOATIIIG A�Zt--,6
GLG�u uP IutGrLa,,%&f31kc�4
'rRAJL �UI��ZCo�tUG /�? IZ IZ,E�JRIDGE
Envisioned beach area. Create a beach area that separates conflicting activities.
40
Boat Launch. Replace the existing boat launch with a new launch ramp and 7
pier to improve boater access and safety. L
� s
Cable Bridge Park. Construct viewing platform atop the old bridge footing to
match the City of Kennewick's on the opposite side of the river.
Replace deteriorating boat launch.
The old bridge footing will make for an excellent viewing platform for visitors.
41
Summary
Recommendations and suggested phasing.
Implementation Phase Implementation Phase
Initial Mid-term Long-term Initial Mid-term Long-term
Land Use Overall
Marine Terminal Coordinate with BNSF to construct a X
Construct central green X Sacagawea Trail undercrossing
Transportation Infrastructure Construct miscellaneous view and X
Marine Terminal rest points,facility, and landscape
Construct Washington St boulevard X enhancement on trail
treatment and landscaping;underground Other Improvements
electrical lines Marine Terminal
Construct River St, 9th Ave, and 5th X Enhance the old barge wharf for open X
Ave improvements and landscaping, space, outdoor seating, and vantage spots
underground electrical lines Construct direct river access feature on X
Construct gateway entry at Washington Blvd X the old barge wharf
Construct gateway entry at Ainsworth and X Construct viewing platform on old bridge X
7th Ave footing in Cable Bridge Park
Make pedestrian connection between X Install landscape buffer around substation X
central green and riverfront Boat Basin
Boat Basin Construct beach at Schlagel Park X
Construct Washington St improvements, X Upgrade boat launch at Schlagel Park X
bioswale, and landscaping,relocate Overall
marina fence;construct decorative fence, Install landscape buffer on both sides of X
underground electrical lines railroad
Construct Grey Ave improvements and Install landscape buffer around substation X
landscaping,underground electrical lines
Gateway entry at Grey Ave X
Connect Sacagawea Trail along X
Washington St to Osprey Pointe
42
Development and Design Guidelines
This chapter establishes design standards to ensure coordinated, attractive, Large Buildings. Keep large floor plan buildings, such as assembly, service, and
and quality development of the study area. These are interim design standards sales, in the portion of the Marine Terminal site north of Washington Street.
intended to provide a preliminary framework that should be expanded when
the City adjusts zoning in the future. Landscaping. Design landscaping to create visual buffers and provide shade
and windbreaks. Locate plantings to reinforce and enhance the character and
organization of the master plan area.
Architectural Elements
The intent of these guidelines is to:
• Create an intimately scaled, pedestrian friendly, and informal
architectural character
• Encourage use of quality building materials with a low life cycle cost
• Create design unity, a sense of place, and community identity
• Reduce the visibility of unsightly service and utility elements from
view while providing efficient service and equipment areas \ i
t
Marine Terminal
i
Building Siting and Layout
Building Siting. Site buildings to reinforce view and circulation corridors and to I
allow public access corridors to the waterfront.
Retail Frontages. Promote concentrated retail uses along central green
I
perimiter, primary pedestrian access routes, and River Street.
Conceptual retail use fronting the open space.
43
Roofs Exterior Building Materials
Roof designs. Provide scale-reducing elements within the Marine Terminal Materials. Use durable and high-quality materials. Shiny or highly reflective
using roof design. Buildings should have a variety of roof slopes, details, materials are not allowed. Materials should be those of typical use in Pasco,
materials, and configurations. including:
• Stucco
Parapets. Articulate all flat roofs with a parapet wall. Parapets and articulated • Rock, stone, and brick
cornice lines should not appear as applied elements. • Architectural shake-style roofing
Mechanical equipment. Screen roof-mounted mechanical equipment from • Metal roofs with standing seams
view. • Metal, clay, or concrete tile roofs
Dormers. Buildings with gabled roofs are encouraged to use dormers to Sheet materials. If sheet materials,such as composite fiber products or metal
expand potential attic living areas and to provide more interest to the roof siding, are used as a siding material over more than 25 percent of a building's
profile. facade, use material with a matted finish in a muted color. Include the
following elements:
• Visible window and door trim painted or finished in a complementary
color
-— • Corner and edge trim that covers exposed edges of the siding material
—�—
Concrete blocks. If concrete blocks (concrete masonry units or cinder blocks)
are used for walls that are visible from a public street or park, use one or more
of the following architectural treatments:
Textured blocks with surfaces such as split-face or grooved
Colored mortar
— Other masonry types, such as brick,glass block, or tile, in conjunction
NotPreforrmd Proforrod with concrete blocks
Conceptual architectural features. Other treatment methods approved by the City
Application requirement. Provide samples of the material if deviating from
the list guidelines above.
44
Colors
Muted colors. Use muted colors as the background color in most buildings. A
darker background color will allow the effective use of lighter colors for trim
where highlights will show up better.
Application requirement. Submit a color palette.
i
Building Equipment and Service Areas r'\ '� ;i�•I� _ i
YJ
Visibility. Locate building service elements and utility equipment in areas not � ' r Masonry enclosure
visible to public,such as within the building envelope or behind a sturdy,well
designed screen.
k'A
Cyclone fencing with wood slats..
may be used for gates,but not �_�__
for the full enclosure ! landscaping elements to
screen and soften edges
Conceptual illustration of screening equipment and service areas.
45
Parking areas
The intent of these guidelines is to:
wo„nq,^�• G]
• Provide convenient parking areas that encourage people to leave s Surface Parking
g ®Groundfloor Parking
their cars and walk throughout the Marine Terminal
W„�,9ra
• Provide more flexibility in the design of the development by relaxing - N
existing City parking standards for the riverfront area a `
• Provide parking areas that do not diminish pedestrian and visual
qualities of the site
• Maintain the built street edge through effective screening of all -
parking lots _
• Minimize the impacts of driveways
Osprey
� Pointe
Columbia River
Marine Terminal
Parking Locations. Locate at-grade parking areas outside of the Riverfront Recommended parking layout map.
Development Area. Locate parking under buildings in the Riverfront
Development Area, not facing public open space. Parking under the building
which is screened by retail frontage is acceptable.
46
Public Open Space
The intent of these guidelines is to provide: Transition. Provide a pedestrian transition zone of approximately 10 feet along
• A variety of open spaces that attract people to the area the building edge adjacent the central green for outdoor seating, display area,
• A focal open space that functions as a community gathering space and/or landscaping.
• Outdoor spaces for relaxing,eating, socializing, and recreating
Amenities. Provide pedestrian amenities such as seating, planters, drinking
fountains,artwork, and focal elements such as sculptures or water features.
Marine Terminal Lighting. Install fixtures approximately 10-15 feet above the surface. Pathways
Size. Retain a minimum of between one and one and a half acres for the should average between one and two foot-candles of light. Lawn areas should
central green in the Marine Terminal. average at least one-half foot-candle.
Materials. Construct the central green with lawn and other soft landscaped
surfaces with concrete or brick walkways along its western edge. Other paving
should be pavers or concrete with special texture, pattern, or decorative
features.
Adjacent buildings. Construct ground floor spaces at the edge of the central
green to feature retail, civic/community, and/or office uses. Pedestrian-
1
oriented facades are required for abutting buildings unless the building and/or ;
park are planned so that the wall without a pedestrian-oriented facade is used
for park activity(e.g., brick wall for a performance area backdrop or basketball/ ^'•q
active sports area). Parking areas must not abut the central park unless the
City determines that there is a public benefit to such an orientation and the
parking is screened using landscaping. The intent is to surround the green with
active storefronts or supporting uses.
Upper stories. Buildings with upper floors containing windows and/or
balconies overlooking the central park are strongly encouraged. Upper story
uses may be residential, commercial, and/or office. Example illustration of the central green.
47
Boat Basin Lighting. Install fixtures approximately 10 to 15 feet above the surface.
Pathways should average between one and two foot-candles of light.
Trail Landscaping. When connecting Sacagawea Trail along this street, install
a bioswale on the south side between the roadway and path to respect the Street Furniture. Select a cohesive collection of pedestrian features and
existing neighborhood character and reduce stormwater runoff. Carefully furniture that are similar in style throughout the trail and pathway areas.
design landscaping on the portion of Washington Street above the Boat Basin Choose items that are made of high-quality materials that are easy to maintain
site so it does not impact views for local residents. Relocate the marina's or replace. Develop standards for lighting(roadway/parking, pedestrian, and
security fencing to the bottom of the hill and replace with a decorative four trail), bicycle racks, handrails, benches and picnic tables,trash receptacles,
foot fence adjacent to the new pathway. shelters,fencing, and safety bollards.
Signage. Develop a consistent signage system to orient visitors throughout the
Overall master plan area. Pay special attention to directing users to the central green,
marina, and Schlagel Park.
Trail landscaping. Plantings should frame vistas and emphasize views.
Trail Amenities. Provide pedestrian amenities such as seating, planters, and
drinking fountains.
Adjacent Buildings. Construct floors at levee height in adjacent buildings to
interact with the trail such as connecting with a pathway or deck or allowing
restaurant or cafe seating to look out over the trail.
Upper stories. Buildings with upper floors containing windows and/or
balconies overlooking the trail are strongly encouraged. Upper story uses may
be residential, commercial, and/or office.
48
Pedestrian-Oriented Spaces Signage
The intent of these guidelines is to: Marine Terminal
• Provide an attractive pedestrian environment
Signage plan. Develop a Marine Terminal signage plan to establish standards
for new signs and coordinate wayfinding elements throughout the site.
Marine Terminal
Location. Pedestrian-oriented spaces are encouraged along the pedestrian Overall
connections and near key building entries. They can be small to large walking
space, landscaped areas, or areas for outdoor dining. Wayfinding plan. Develop a wayfinding plan for both the Marine Terminal and
Boat Basin sites to help visitors and trail users locate destinations.
Amenities. Pedestrian amenities shall be provided such as seating, plants,
distinctive paving, or artwork.
Lighting. As in other public open spaces,fixtures should be approximately 10- o `y ✓�
15 feet above the surface and may be building mounted. The overall lighting =;
should be at least two foot-candles,without"dark spots"that could cause Z> _--- '
security problems. - -
Access. The spaces must have visual and pedestrian access(including barrier-
free access)to abutting structures and public streets or pathways.
f!1t7u�MwkO
q —
I �
Conceptual illustration of pedestrian oriented spaces.
REFERENCE #3
MEMORANDUM
DATE: October 21, 2010
TO: Planning Commission
FROM: Jeffrey B. Adams, Associate Planner
SUBJECT: Boat Basin/Marine Terminal Plan
In February of 2009 the City of Pasco adopted Resolution 3136 authorizing the
City and the Port of Pasco to enter into a joint planning agreement for the
development of a plan for the Boat Basin/Marine Terminal area of Pasco. This
area is located between the Blue Bridge and the Port of Pasco's new Osprey
Pointe business park. The Plan would require coordination with the City
Comprehensive Plan and the Port's Shoreline Management Permit for Osprey
Pointe.
In December of 2009 the planning process began when the City and Port
engaged the professional services of Makers Architecture. The Plan is intended
to identify appropriate land use, promote economic development and provide
for adequate infrastructure to the area. It would guide the development of the
Marine Terminal area in a manner consistent with the Pasco Comprehensive
Plan and the Port's Shoreline Management Permit for Osprey Pointe.
The planning process included information gathering 8v public outreach,
"visioning," identification of advantages and constraints of the site,
development of alternative concepts, land use, zoning, and design
recommendations.
Public outreach included interviews with stakeholders (City of Pasco public
officials and staff, Port of Pasco commissioners and staff, representatives from
the Army Corps of Engineers and Cascade Marina in the Boat Basin), and an
introductory neighborhood meeting in January of 2010 at the Port of Pasco. A
follow-up neighborhood workshop took place in March of 2010 at the Port of
Pasco, with a public workshop meeting with the Planning Commission in June
of 2010 and finally a public hearing was held in September 2010.
Since the September 2010 meeting some minor changes were made to the Plan.
The important ones are as follows:
1. Table of Contents (p. 3) reorganized
2. Historic Content verbiage has been clarified and corrected (p. 7)
3. Ownership (p. 14) new map shows correct placement of River Street and
Army Corps of Engineers ownership that is leased to the City of Pasco.
4. Zoning (p. 15—explains how the City of Pasco Code allows residential in
commercial zones))
1
5. Geographic Conditions (p. 18) graphic shows potential for additional
building height along Ainsworth Avenue.
6. Preferred Land Use maps on pp. 25 and 28 now match.
This meeting will be a formal public meeting for the Commission to make its
recommendation to the City Council.
During the information gathering & public outreach the following opportunities
and constraints were identified:
Opportunities:
1. River views
2. Views of the Cable and Rail Bridges
3. View of the future Clover Island development across the river
4. Direct water access/boat launch at Schlagel Park
S. Trail access to the river via the Sacagawea waterfront trail.
6. Affordable residential, commercial, and industrial waterfront property.
7. Available Marine Terminal land.
8. Limited (mainly Port of Pasco) ownership of the Marine Terminal site
Constraints:
1. Limited access and visibility (four points from Ainsworth Street; one
access point from 10,h Avenue at Washington Street).
2. Limited access to Marina.
3. Limited access and visibility at Schlagel Park/security and safety
concerns.
4. Railroad noise (BNSF rail line).
5. Barriers (Tenth Avenue, Ainsworth Street, railroad)
6. Levee, roadway height (Marine Terminal property 10 to 15 feet below
height of levee, roadway will affect both views and access)
7. Substation (approximately one acre near center of Marine Terminal site).
8. Volatile hydrocarbons in soil and water.
Preferred Alternative:
The preferred alternative designates the Marine Terminal site for general
commercial (approximately 10%), mixed use retail commercial which allows for
the possibility of limited, upper floor residential (about 40%), business park
(about 30%), and open space for parks and along the BNSF rail corridor (about
20%).
2
The Boat Basin neighborhood zoning to the north would remain medium
density residential (approximately 55%); the Marina would remain industrial
(about 15%; an open space designation would be added for the park areas and
the BNSF Rail corridor (approximately 30%).
Two primary gateways are identified for the Marine Terminal site; South 10th
Avenue and Washington Street; and Ainsworth Street at South 7th Lane.
A gateway for the Boat Basin would be located at Ainsworth and Grey Avenue
to signal the entrance to the marina, boat launch, and Schlagel Park.
A public beach and expanded marina are recommended in the Boat Basin.
Key Recommendations
Key Recommendations include the following:
• Building Siting.
o Site buildings to reinforce view and circulation corridors and to
allow public access to the waterfront.
• Retail Frontages.
o Promote concentrated retail uses along primary public access
routes.
• Trail.
o Promote the Sacagawea Trail as a regional public access amenity.
o Align uses to support the trail and to improve its accessibility,
continuous riverfront setting, and security.
• Safety.
o Improve Sacagawea Trail safety by continuing work for an
undercrossing at the BNSF Railroad Bridge. The existing path,
which detours around the Boat Basin site on Ainsworth Street,
temps trail users to shortcut this detour by crossing the railroad at
informal—and potentially unsafe—locations.
• Washington Street Boulevard.
o Maintain Washington Street as the area's central circulation spine
and "gateway" boulevard.
o Develop Washington Street on the Marine Terminal site into a
significant visual amenity with a median and roadway landscaping.
o Define Washington Street on the Boat Basin site with curbs,
gutters, landscaping, and a walking path, consistent with
Sacagawea Trail standards (eventually to become part of the
Sacagawea Trail).
• Substation.
3
o Isolate and screen the existing power substation by surrounding it
with green open space, parking, and significant landscaping to
reduce its visual impact.
• Riverfront Development.
a Concentrate dense mixed-use development along the riverfront,
with support uses and parking clustered behind this zone.
• Railroad Buffer.
o Provide a significant (heavily landscaped and open space) buffer
between the BNSF rail line and any adjacent construction.
• Parking Locations.
• Locate main at-grade parking areas outside of the Riverfront
Development Zone.
• Locate parking on the ground-floor under buildings in the
Riverfront Development zone.
• Large Buildings.
o Keep large floor plan buildings, such as assembly, service, and
sales, in the portion of the Marine Terminal site north of
Washington Street.
• Boat Basin Area Landscaping.
• Carefully design landscaping on the portion of Washington Street
above the Boat Basin site so it does not impact views for local
residents.
• Install a bioswale instead of curb and gutter on the south side of
Washington Street between the roadway and Sacagawea Trail path
to reduce stormwater runoff, and to respect the existing
neighborhood character.
• Relocate the marina's fencing to the bottom of the hill.
• Replace marina's fencing with a decorative 4-foot fence adjacent
the new pathway.
• Beach Area and Safety.
o Create an expanded beach area at Schlagel Park that separates
boat launch and swimming activities in this area
• Boat Launch.
o Replace the existing boat launch with a new launch ramp and pier
to improve boater access and safety.
• Existing Residential.
4
o View the existing residential neighborhood in the Boat Basin area
as an amenity.
o Unify zoning in the Boat Basin area to Medium Density (R-3) from
a mix of R-2, R-3, and 1-1 to allow current owners more incentive
to maintain or redevelop their properties (this will create some legal
nonconforming properties).
The final product is intended to be "a concise document designed specifically
for use as an implementation guide." It includes maps, sketches, and diagrams
describing preferred land use, bicycle and pedestrian transportation facilities,
infrastructure, and other urban design features.
Findings of Fact
The Planning Commission is requested to consider public testimony, and offer
direction and comments to staff on the draft Plan.
1) The City adopted a resolution authorizing the City and the Port of Pasco
to enter into a joint planning agreement for the Boat Basin/Marine
Terminal area of Pasco.
2) Joint planning agreements are designed to promote economic growth by
coordinating and focusing planning efforts for a geographic area.
3) Master plans allow for coordination of land use, infrastructure, and
amenity planning, allowing for the most efficient use of public and
private resources.
4) The City and Port of Pasco entered into an interlocal agreement to create
a master plan for the Boat Basin/Marine Terminal area.
3) The City of Pasco is the lead agency in developing the Plan.
6) The Plan requires coordination with the City Comprehensive Plan and
the Port's Shoreline Management Permit for Osprey Pointe
7) Makers Architecture was hired in December of 2009 to develop the Plan.
8) Public outreach, including interviews with stakeholders and
neighborhood meetings were conducted in January, March, and June of
2010.
9) The Plan will govern the development of the Port Property in a manner
that is consistent with the Comprehensive Plan and Conceptual Site
Plan.
10) The Plan includes maps, sketches, and diagrams of land use, bicycle and
pedestrian transportation facilities, infrastructure, and other urban
design features. It also identifies opportunities and constraints, indicates
the preferred alternative and lists recommendations for the Boat
Basin/Marine Terminal area.
5
11) The Plan is intended to promote the health, safety and general welfare of
Pasco citizens by designating land use, guiding future development,
providing for adequate infrastructure to the area, and promoting
economic development.
RECOMMENDATION
MOTION: I move the Planning Commission adopt the
findings of fact as contained in the October 21, 2010
Planning Commission Report.
MOTION: I move the Planning Commission recommend
the City Council approve the Boat Basin/Marine Terminal
Plan and adopt by reference as part of the City of Pasco
Comprehensive Plaza.
6
REFERENCE #4
PORT OF PASCO COMMISSION
Minutes of Regular Meeting of Port Commission
Held at 904 E.Ainsworth,Pasco,Washington
October 7,20 IV
CALL.TO ORDER.
The President called the meeting to order at 10:30 am.
ROIL CA J-
The following were:
Present: Commissioner William G.Clark,Commissioner OBE."Ernie"Boston,
Port Counsel Dan Hultgrenn,Executive Director James E. Toomey,
Director of Airports Jim Morasch,Assistant Director of Airports Ron
Foraker,Director of Finance&Administration Linda M.O'Brien,
Director of Planning&Engineering Randy Hayden,Director of
.Properties&Development Sam Good,Executive Assistant Vicky Keller
Excuse& Commissioner Jan=Klindworth
Guest: John Hass,Brian Johmion,Steve Horton
APPROVAL OF AGENDA
It was requested that Item 10.13 Franklin County Law Enforcement Agroement be rernoved from the
agenda. Commissioner Boston moved and Commissioner Clark seconded to approve the agenda with the
change as stated. Motion carried.
PROPKRTY MANAGEM>i,NT
Zen Noh Hay-Mr_Hass stated that Zen Noh Hays plans to invest$4 million into the facility at Big Pasco
in the next year. A new hay press has been ordered and engineering proposals have been received to
construct a new fumigation building. Mr.Haas stated that losing the Iease on Parcel B(east of Zen Nobs
operation)would cripple their ability to operate at the volume necessary to keep the new investment
operating thus making it unfeasible to expand. Mr.Hass requested the Port reconsider leasing Parcel B to
Burlington Northern Santa Fe.
MEETING ACUVUTES
Commissioner Boston moved and Commissioner Clark seconded to approve the regular meeting minutes
of September 23,2010 as written. Motion carried.
COWLETION OF RECORDS
Commissioners signed the previously approved special meeting minutes of Septernber 9,2010.
FINANCIAL REPORT
Voucbers and Wa is—Commissioner Klindworth moved and Commissioner Boston seconded to
approve warrants numbers 73022 through 7315$in the amount of$1,507,648.35. Motion carried.
O
PORT OF PASCO—COMMISSION Regular Meeting 10(07(10—Page 1
1ENGMMRJNG AND CONSTRUMON
irr.► Improvement Proms-32J3 5-Mr.Moraseb repotted that the Executive Director signed Change
Order No. 7 in the Amount of$5,888.97(includes W.S.S.T.). The change order was for additional duct
markers and to raise airfield guidance signs. Commissioner Boston moved and Commissioner Clark
seconded to ratify the Executive Director execution of the change order. Motion carried.
Per staff recommendation, Commissioner Boston moved and Commissioner Clerk seconded to accept the
Airport Improvement Program-32!35,Apron Reconstruction and Taxiway Rehab Project as complete.
Motion.carried.
Abu zt Sllsima. m 'Srmm in$ral egn 1'viect-Based on staff recommendation,Commissioner
K.tindworth moved and Commissioner Boston sewaded to award the contract to Culbert Construction,
Inc. in the amount of$198,274.18(includes W.S.S.T.)for the base bid and additive alternate for
installation of sower utilities into the Tri-Cities Airport Basinem Comer,and to give the.Executive
Director the auftwity to sign the contract after the proper bonds and insurance have been provided.
Matioa carried.
.ong-Tbr,.r,. ing!.rot -Mr.Mornsch repotted that the City of Pasco required additional work to
the water line that was not part of the original design. The crnxbractor is preparing a change order for the
additional work
k ldar I ar�ansion Pro -Mr.Johnson presented and discussed the bids for the snack bar expansion
project. There wort several laid additions to the pr9od adding minor costs to the overall project.
Commissioners also discussed Florantyna's current lease structure, Based on these discussions,
Commissioner Boston moved and Commissioner Clary seconded to accept the low bid of MP
Construction,Inc.in the amount of$132,452.00(excludes W.S.S.T.),eontingeat upon Mrs_Goutet dbe
Florc gma's agreeing to a longer term lease and the elimination of the Foss receipts cap. Motion carried.
u;- Ravi Coating kcqjw -Mr,Hoyden informed commission that only one bid was receive on
the project. No action was taken.
Qsayyy Pcbft. � -The Corps of Engimm Las axecated an cesetnaat b the Port fora sinall
section of land at the entrance to Osprey Pointe. The easemew allows the contractor to begin farming the
entrance into Osprey Pointe for curb,gutter and paving.
EXECUTWE SESSION
At 12:03 p.ta.the president announced that following a short break the hoard would go into executive
session for forty-five minutes to consider the minimum prig at which real estate will be offered for lease
(or sale as the case may be). At 1:00 p.m.,Mr.Hultgram armounced that executive session would
continue for an additional thirty minutes. At 1:30 p.m.,Mr.Huttgrem announced that executive session
would oontisnue for an additional ten minutes. At 1.30 pa u.the open meeting was reconvened.
A JRPORT
girl iaae se A t-Commissioner Bosh moved and Commissioner Clark seconded to authorize
Mr.Horton of Leibowitz and Horton to offer a 5-year Airline Use Agreement to airlines servicing the
Tri-Cities Airport. This new 5-year agreement would reduce the current landing fee subsidy raft to the
Airlines by 2 percent each year starting at$1.58 per 1000 ibs of landed weight,and a new first year rental
rate of$30.80 per square foot for space in the Terminal Building. Motion carried.
PORT OF PASCO---COMMISSION Regular Meeting 10107110—Page 2
I. Mr.Morasch reported that a company currently leasing space in the Airports'Industrial Park is
interested in potentially constructing a Hangar/Office facility in the Tri-Cities Airport Business
Center. Staff continues to work with the client to identify an appropriate location in the business
center that will fit their needs.
PROPERTY MAN,AGEWNT
Old 1]orainion Fret Lines,Inc.-It was reported that in accordance with the delegation of authority
policy the Executive Director executed a 1-year lease,with two 1 year options, with Old Dominion
Freight Lines,Inc.for 7,200 SF of space located at 2550 E.Ainsworth in the Big Pasco Industrial Center.
The monthly published lease rate is$2,079.74.
TNDUSTRIAi,DFVFLOPMENT
MAtipe Ta=inaH lom Qasin Pjsaain_R Pmicct-Mr. 13ayrien presented and disco& d the final[haft n ter
plan of the Marine TerrninalJ mko.Boet Basm Usc Plan prepuW try Makes Architmn e. Upan
discussion of thn final drW%Commissioner Boston mowed and Commissioner Clark scconded to appmwe
the September 2010 Boat Basin and Wrine Tennkml Subarea flan prrepared by Makers.Architecture.
Motion carve„
ITEMS NOT ON THE AGENDA
1. Mr.Morasch reported that Mn.Goulet,dba Florentyna's has agreed to Port's request to extend the
lease an additional 13 years,making it a 20-year lease,and to alim.inate the gross receipts cap.
Airport staff will work with Mrs. Goulet to execute a new lease which includes these
provisions.
2. Mrs. O'Brien stated that the Washington State auditors were performing the accountability
audit and she expected them to have it completed soon
3. Mr.Hultgrenn is working on a new lease for Green Power and expects to provide a copy to
Mr. Spitzauer for his review this week. Commissioner Boston moved and Commissioner
Clark seconded to authorize the executive director of the Port of Pasco to sign the lease
with Green Power upon receipt and pending final review by the Port Attorney. Motion
carried.
EXECUTIVE SESSION
At 2:29 p.m. the president announced the board would go into executive session for fifteen
minutes consider the minimum.price at which real estate will be offered for lease(or sale as the
case may be). At 2.45 p.m.the open meeting was reconvened-
NEXT MEETING
Ee lar McBti —Thursday,October 28,2010
PORT OF PASCO—COMMISSION Regular Meeting 10/07/20—Page 3
Wes ,
At 2:45 p.m,the meeting was adjourned.
Part of Pasco Commission:
G.Clark,President
O ."E i 'Boston,Vice President
A
James ._,KNJYdwortb,Se
PORT OF PASCO—COMMISSION Regular Meeting 10/07/10—Page 4
AGENDA REPORT
FOR: City Council November 16, 2010
TO: Gary Crutchfre4,, anager Workshop Mt g.: 11x'22/10
FROM: Rick White, Direitor
Community& Economic Development fiL[
SUBJECT: Public Development Authority(PDA) formation for Downtown Revitalization
I. REFERENCE(S):
1. Downtown Revitalization Advisory Group Report
2, Draft Charter
3, Draft Operating Agreement
4. RCW 35.21.730 -755 Public Corporations
11. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS:
11122: Discussion
M. FISCAL IMPACT:
Total costs will be approximately $94,000. Revenues received would be approximately $34,000 -
for an estimated net impact of$60,000.
IV. HISTORY AND FACTS BRIEF:
A. City Council has determined that idcnt.itication and establishment of the most effective
organizational structure for re,,7talizing the Downtown area is a Council Goal for 2010 —
2011.
B. The formation of a PDA as a method to undertake revitalization efforts in Downtown was
presented to Council in June of this year and examined by an advisory group of Downtown
stakeholders and organizations this past summer.
C. With the exception of the Pasco Downtown Development Association (PDDA), the
Advisory Group —consisting of the PDDA, Pasco Chamber of Commerce, Columbia Basin
College, Pasco Community Development Department, and Council members Yenney and
Martinez has recommended the formation and staffing of a PDA to undertake revitalization
and business support efforts focused on the Downtown area(Reference #1).
D. Formation of a PDA gained the consensus of Council at the October 25u' Workshop.
Council provided direction to prepare the necessary documents for formation and
implementation of a PDA and return the issue to Council for discussion.
V. DISCUSSION:
A. A PDA would be a public corporation created by the City to perform particular public
purposes, A PDA would have authority as allowed by RCW 35.21.730 -755 and as
designated by City Council in its charter. PDA's are authorized to own and sell real
property, contract with the City to perform community renewal activities and perform all
types of community services that the City itself may undertake.
B. It will be necessary to form a PDA through an ordinance. The implementing ordinance will
recite applicable State law including authority and limitations of the PDA, and is the legal
mechanism by which the PDA is created, The implementing ordinance will be consistent
with the PDA charter and include it as an exhibit to the ordinance.
C. The City has considerable leeway in developing the charter that would be best suited for
the purpose of the PDA. The City is also able to appoint Board members of the PDA that
have particular technical skills and represent key stakeholders in the Downtown area.
4(c)
D. The draft charter (Reference #2) expresses the purpose and role of the PDA. The charter
identifies what Council is directing the PDA to accomplish and provides flexibility since it
is likely the purpose and means of implementation may change in response to new needs
and opportunities.
F. The draft operating agreement (Reference #3) supplements the charter and providcs
specific additional objectives that the PDA needs to accomplish in order to revitalize
Downtown. The operating agreement also contains a map showing the boundaries of the
authority of the PDA. The operating agreement is to be revisited and approved by the PDA
and the City every two years.
F. The purpose anc efforts of a PDA may also be effectively leveraged with the Community
Development Block Grant (CDBG)program — specifically the formation of Neighborhood
Revitalization Strategy Area (NRSA). A NASA would involve a community input and
planning effort to establish a vision and measurable goals for Downtown and the
surrounding area, and may allow increased flexibility in meeting CDBG regulations.
G. The potential annual cost of operations and of revenue sources is as follows:
• Operations-- $94,000
o Director --- $65,000
o Rent --- $6,000
• Office equipment/supplies ---$2,000
• Utilities/telephone-- S3,000
• Insurance-- $3,000
• Miscellaneous--- $15,000
Revenues --$94,000
• Farmer's Market(net) --- $20,000
• Specialty Kitchen(net) --S14,000
• City---$60,000
H. Once the organizational documents are approved by Council, the City will need to appoint
the initial Board members, provide for financial mechanisms for operation and allow the
new Board to organize and hire a director. As these steps will take some time, it is
recommended that the organizational documents be approved before year end
Reference #1
Downtown Revitalization
Advisory Group Recommendation
October 12, 2010
Earlier this year, City Council determined that identifying an improved Organizational structure
to lead downtown revitalization is a Council Goal for 2010-2011. Council has considered the
formation of a Public Development Authority (PDA) as a method to undertake revitalization
efforts in downtown, most recently at the Council Workshop of June 14, 2014.
As a result of direction received at the Council workshop meeting of.tune 14, 2010, an advisory
group was formed to explore the implications of forming a PDA for the Pasco downtown. The
group was tasked to evaluate if a PDA would be the most appropriate organizational structure to
assure downtown revitalization leadership.
The advisory group is composed of organizational representatives interested in revitalization and
a direction for positive change in downtown. Organizations included: the Pasco Downtown
Development Association; Pasco Chamber of Conmerce; Tri-Cities Hispanic Chamber of
Commerce; Columbia Basin College; the City's Community Development Department; and
CoUncllmembers Al Yenney and Saul Martinez.
The group rnct twice (July 14 and September 29) and discussed history and background of
downtown revitalization efforts; social and cultural change occurring in downtown; economic
challenges of many of the small businesses that comprise a majority of the downtown
storefronts; and how a Public Development Authority could differ from historical efforts. The
group acknowledged the difficulty of malting measurable progress without a strong, accountable
and representative organization leading marketing, business support aild revitalization efforts.
The advisory group has concluded the following:
I. Regardless of origin, it is very difficult for any private organization (ittcludirig the PDDA
or the Hispanic Chamber of Commerce) to develop sufficient financial strength via
membership of downtown businesses and property owners.
2. Any organizational effort to realize meaningful change in downtown will require
sufficient financial resources, particularly to support appropriate organizational
leadership/management skills.
3. Creation of a Public Development Authority (PDA) with adequate financial commitment
froin the City will establish an appropriate organizational structure for downtown
revitalizationi/improvement, including the opportunity to restore the "Mainstrect"
certification needed to qualify for the state's B&O tax grant program as well as other
benefits associated with utilization of the Mainstreet Program.
4. In addition to the fundamental activities of private organizations, a PDA can have
authority to undertake community renewal activities and other community service
functions that may be authorized by the City. These additional authorities present the
opportunity to niore effectively leverage the interest of stakeholders and other
organizations to improve [lowritown.
5. !1 PDA is governed by the charter the City would prepare for its creation. The City has
considerable leeway in developing the charter to best suit the purposes of downtown
revitalization. The City would be responsible to appoint Board nlellzbers, including the
ability to appoint persons that have particular professional skills as well as downtown
stakeholders (business and property owners).
The advisory group recommends the formation and staffing of a Public Development
Authority to undertake revitalization and business support efforts focused oil the
downtown area.
Martin aladez Dennis Gisi
Columbia Basin College Pasco Downtown Development Association
NikI Gerds as
Pasco Chamber of Comtn.erce rnber of Commerce
Al Yenney, ounciln r Saul Martinez, Councilmember
Pasco City auncii Pasco City Council
DOWNTOWN REVITALIZATION
ADVISORY GROUP RECCOMENDATION
Page 2
Reference #2
CHARTER OF THE DOWNTOWN PASCO DEVELOPMENT
AUTHORITY
ARTICLE 1
The Name and Seal
Section 1.1 — Name. The name of this Authority shall be the Downtown Pasco Development Authority
hereinafter as referred to as "Authority" or"DPDA".
ARTICLE 11
Authority and Limit on liability
Section 2.1 — Authority. The Authority is a public authority organized l7Ursuant to ItCW 35.21.730
through 757, as amended and Ordinance of the City of Pasco,Washington.
Section 2.2 — Limit on Liability. The Authority in all activities and transactions shall be limited in the
Following respects:
a. The Authority shall have no power of eminent domain nor any power to levy taxes or special
assessments,
b. The Authority may not incur or create any liability that permits recourse by any party or
member of the public to any assets, services, resources or credit of the City of Pasco. All
liabilities incurred by the Authority shall be satisfied exclusively froth the assets and credit of
the Authority; no creditor or other person shall have any MUOUrsc to tbC assets, credit or
services of the City on account of any debts, obligations, liabilities, acts or onlissioras or the
AUth01'ity.
Section 2.3— !Mandatory Disclaimers.INFORMATION TO BE DEVELOPED
AKIXLE III
Duration
The duration of the Authority shall be perpetual except.as provided in Ordinance
ARTICLE 1V
Purpose
The purpose of the Authority is to provide an independent legal entity to undertake, assist with,
implement and otherwise facilitate and provide for the revitalization of the Pasco downtown; facilitate
and increase private investment in the downtown area; increase economic vitality of the Pasco downtown;
eliminate blight and create jobs; and enter into agreements with cultural, public, other not-for-profit
entities, and/or private [inns for programs oa' projects coaxsistent with this charter and the Operating
Agrecmc;nt with the City of Pasco, and as authorized by state statute.
ARTICLE V
Powers
Section 5.1 w- Powers. The Authority shall have and exercise all lawful powers conferred to it through
state laws, Ordinance ,this Charter and its bylaws and the Operating Agreement between
the Authority and the City o#'Pasco. The Authority in all activities and transactions shall be subject to the
powers, procedures and limitations contained in Ordinance . The Authority may execute
contracts and other instruments with public, non-profit and/or private entities; buy, lease or otherwise
acquire real property; hold, clear or improve real property; borrow money and accept grants to carry out
Downtown improvements; provide loans, grants, or other assistance to property owners or tenants and
provide financial or technical assistance for job creation or retention. The Authority may enter into lease
agreements with the City for City - owned properties and generally seek to improve the revenue
generation, attendance and economic productivity of those properties.
Section 5.2 —Indemnification. To the extent permitted by law, the Authority shall protect, defend, hold
harmless and indemnify any person who becomes a board member, officer, employee or agent of the
Authority, and who is a party or threnteued to be made a party to a proceeding by reason related to that
person's conduct as a board member, officer, employee or agent of the Authority, against judgments,
fines, penalties, settlements, and reasonable expenses (including attorney's fees) incurred by him or her in
connection with such proceeding, if such person acted in good faith and reasonably believed his or her
conduct to be in the Authority's best interests and if, in the case of any criminal proceedings, be or she
had no reasonable cause to believe his or her conduct was unlawful. The indemnification and protection
provided herein shall not be deemed exclusive of any other rights to which a person inay be entitled as a
matter of law or by contract or by vote of the Board of the Authority, The Authority may purchase and
maintain appropriate insurance for any person to the extent provided by the applicable law,
ARTICLE VI
Board
Section 6.1 — Board C'.omposition. The Board of the Authority shall be composed of niIIC.members. The
mayor of Pasco shall appoint all Board members subject to confirmation by the Pasco City Council. Five
Board members shall be representative of for-profit business or property owners within the downtown
area. At least two members of the Board shall be representative of the banking and/or real estate
profession and at least two Board members shall be representative of business or corporate management,
The Board shall provide for agency liaisons to establish and maintain constructive working relationships
and to seek input regarding potential suitable Board candidates. The Board anticipates that organizations
such as Columbia Basin College, Pasco Chamber of Commerce and the Tri Cities Hispanic Chamber may
appoint such liaisons and be available to the Board for consultation but shall not have voting privileges.
Section 6.2 — Terms of Office. The terms of office of the initially appointed Board members shall
commence on the effective date of this charter and be staggered as follows:
a. Group 1. Pour members for two year terns;
b. Group 2. Three membery l'or three year terms; and
c. Group 3. Two members for four year tcrrns.
Thereafter, each meniher shall he appointed to serve four year terms.
Section 6.3 — Board Concurrence and Quorum defined. "Board concurrence" as used in this article,
may be obtained at any regular or special Board meeting by an affirmative vote of a majority of Board
members voting on the issue, provided that such majority equals not less than five votes.
A quorum to commence a Board meeting shall be no fewer than five members.
Section 6A — Officers and Division of Duties. The Authority shall have three or more officers. The
initial officers of the Authority shall be the President, Secretary-Treasurer and Executive Director. The
same person shall not occupy both the office of President and any office responsible for the custody of
funds and maintenance of accounts and finances. The President shall be the agent of the Authority for
service of'process; the Bylaws may designate additional corporate officials as agents to receive or initiate
process. The Executive Director shall be the chief administrative staff person to the Board of the
Authority. The Authority may contract with the City of Pasco for a mutually agreed designee to serve as
its Executive Director. Subject to supervision by the Board of the Authority, the Executive Director shall
have primary responsibility for all matters involving day-to-day operations of the Authority and shall
make recommendations to the Board of the Authority on practices, policies and programs of the
Authority. Ile. or she shall have such powers and perform such duties as may be prescribed from time to
tine by the Board and he or she shall be entitled to notices of all meetings of the Board of the Authority
but shall not be entitled to be present during any discussions relating to his or her employment or
perfonwiaice. The Board shall oversee the activities of the corporate officers, establish and/or implement
policy, participate in corporate activity in matters prescribed by City ordinance, and shall have
stewardship for management and detennination of all corporate affairs.
Section 6.5— Board Officer Election and Term of Office. Board officers shall be elected by the Board
at the first regular meeting of each year, for a one-year term, and each elected officer shall hold office
during said one-year term nnd until his or her successor is elected. The first elected officers of the Board
shall be elected by the Board at its organizational meeting or as soon as practicable following the Board's
creation of such elected office.
Section 6.6 — )executive Committee. The bylaws may provide for an executive committee, which shall
be appointed anct'or removed by the Board, and shall have and exercise such authority of the Board in the
management between meetings of the Board as may be specified in the bylaws.
Section 6.7—Committees. The appointment of other committees shall be provided in the bylaws.
Section 6.8 — Removal of the Board Members. in addition to termination or dissolution of the
Authority, if it is determined for any reason that any or all the Board members should be removed with or
Without cause after appointment by the mayor and confirmation by the City Council, the City Council
may by resolution remove any or all Board members. A vacancy or vacancies of the Board of the
Authority shall be deemed to exist in case of death, disability, resignation, removal, or forfeiture of
membership. Vacancies on the Board shall be filled by appointment in the sarne manner in which
members of the Board are regularly appointed. Any person selected to fill a vacancy on the Board shall
serve the balance of the term of the person being replaced.
ARTTCLF VII
Meetings
Section 7.1 - Board Meetings. The Board shall meet as necessary but not less than once each quarter per
calendar year. Special meetings of the Board may be called as provided in the bylaws.
Section 7.2 — Open Public Meetings. Notice of the meeting shall be given to the extent required by law
in a manner consistent with the Open Public Meetings Act, Chapter 42.30 RCW. At such meeting any
citizen shall have a reasonable opportunity to address the Board orally or in writing.
Section 7.3 —Parliamentary Authority. The rules of Robert's Rules of•Order(revised) shall govern the
Authority in all cascs to which they are applicable, where they are not inconsistent with the Charter or
with the special rules of the Authority as set forward in the Bylaws.
Section 7.4 — Minutes. Copies of the minutes of all regular or special rrrectings of the Board shall be
available to any person or organization that requests them as required by state law; minutes with respect
to closed executive sessions need not be made available. The minutes of all Board meetings shall include
a record of individual votes on all matters requiring Board approved.
ARTICLE VIII
Bylaws
The initial bylaws may be amended by the Board to provide additional or different rules governing the
Authority and its activities as long as those are not inconsistent with this charter or with Ordinance
The Board may provide in the Bylaws for all matters of governance of the Authority.
ARTICLE IX
Amendment to Charter and Bylaws
Section 9.1 -- Proposal to amend charter and bylaws. Any Board member 111ay introduce a proposed
arnendmeat to the Charter or to the Bylaws at any regular mecting or any special meeting of which ten
days advance notice has been given to members of the Board. The notice shall include the text of the
proposed amendment and a statement to its purpose and effect.
Section 9.2 — City Council approval of proposed Charter Amendments. Proposed Charter
Amendments adopted by the Board shall be submitted to the City Council for approval. The Authority's
Cliartcr may be amended only by ordinance as provided in Ordinance
Section 10 -- Commencement. The Authority shall commence its existence upon the issuance of its
Charter as sealed and attested by the City Clerk and the holding of the initial Board meeting.
Section 11 — Dissolution. Dissolution of the Authority shall be in the form and manner required by state
law, City ordinance and Operating Agreement, and the bylaws nC the Authority. Upon dissolution of the
Authority and the disposition of its afifairs, title to all remaining property or assets of the Authority shall
vest in the City of Pasco for use for public purposes.
Section 12. Approval of Charter. This original charter of the Authority is approved by Ordinance
adopted by the City of Pasco on
Celli ficate. 1, the urrclersigrred, City Clerk of tlic City of Pasco, Washington (City) do hereby certify that
this Charter of tl'ic Downtown Pasco Development Authority is a true and eorrcct original of such charter
as authorized by Ordinance of the City.
In witness whereof, I have hereunto set my hand and affixed the official seal of the City this day of
City=Clerk of the City of Pasco, Washington
Reference #3
Downtown Pasco Development Authority
Operating Agreement
I. RECITALS
1.1 Pasco's Downtown Area ("The Downtown") is an important and significant resource to
the City in terns of econoniics, history, community identity ...
1.2 The Downtown was the community retail center until the 1960's. As in many other
communities throughout the region and nationally, that retail center declined in economic
importance in the 1970's and the, 1980'5 due to a variety of issues including
decentralization of population, emergence of new forms of retail including sliopping
malls, deferred maintenance in older properties, and lack of effective resources for
coordinated initiatives for Downtown organization, design, promotion and economic
restructuring.
1.3 The Pasco Downtown Development Association (PDDA) was initiated in 1984 and
included efforts to form the Farmers Market, initiate the Fiery Fond Festival, initiate and
participate in the Main Street Program of Washington State, organize and implement the
Specialty Kitchen operations and provide focused organizational and marketing efforts.
1.4 In the last decade, the Main Street Program has not been reauthorized and membership in
the PDDA has declined.
1.5 The City has provided the PDDA with no cost lease an-angements for properties that
house the }harmers Market and the Specialty Kitchen as these properties offer an
opportunity to foster,job creation, increase economic activity and promote recognition of
the Downtown.
1.5 The City is interested in optimizing the use of its properties located Downtown in an
effort to provide focused management in a manner that helps realize important City
policies acid purposes.
1.7 The City is also interested in actively encouraging taiaintenance, reinvestment and
development of Downtown area properties by other property owners and by businesses,
public or non-profit organizations and residents as occupants.
1.8 The City has determined that the creation of an independent legal entity to undertake
specific projects is the best means to accomplish the City's management and
revitalization goals, including serving as a recipient of public funds from City, state and
federal sources together with private funds for purposes as mutually determined by this
entity and the City.
1.9 The purpose of this operating agreement is to allocate roles and responsibilities between
the City find the Downtown Pasco Development Authority for downtown area
management, design, promotion, economic restructuring and related revitalization
activities, The Authority shall update the operating agreement every two years
commencing at the two year anniversary of the Authority's first regular meeting. The
operating agreement update shall be submitted to and most be approved by tine City.
1.10 The boundaries of the PDA shall be as shown on map attached as "Exhibit i" to this
agreement.
2. DEFINITIONS
As used here, the following capitalized terms have these meanings:
"Authority" means the Downtown Pasco Development Authority(DPDA)
"PDDA" means the Pasco Downtown Development Association
"Board"means the Board of Directors of the Pasco Development Authority
"City" means the City of Pasco
"Downtown" or "Downtown Area" means the: area of the business district and portions of (hc
abutting neighborhoods outlined in the map attached as Exhibit 1.
3. THE PASC:O 1)EVELOPMFNell'AUTHORITY ROLE
3.1 DesigriAl'oL of the Autbority. The City may designate the Authority to manage the
Specialty Kitchen and the Farmer's Market located in the Downtown Area. The DPDA
may enter into a lease agreement mutually acceptable to the Authority and the City for
such management services. if such all agreement is executed, the Authority shall seek to
improve the performance of these City properties in respect to revenue generation,
a(tendance, job creation and economic productivity. The Authority may also be called
upon by the City to support, undertake or participate in other projects identified by the
City that may involve use of or assistance with non-City owned property in the
Downtown Area.
3.2 Start up.activitie. . The Authority will focus on the preparation and implementation of a
multi-year strategic plan for management and revitalization of the Downtown Area. The
strategic plan shall identify and prioritize specific management criteria, diSCu55 public
and private investment needs, including public infrastructure and other capital
improvements supporting revitalization opportunities and describe marketing strategies
and procedures for increasing private investment in the Downtown Area. The, strategic
plan will address the four points of the nationally recognized Main Street program for
organization, design, promotion and economic restructuring and will be reviewed with
the Pasco City Council prior to Authority adoption. The strategic plan will be updated on
a basis as mutually agreed between the Authority and the City.
4. PASCO DEVELOPMENT AUTHORITY STAFFING AND ADMiNiSTRATION
4.1 Executive Director. The Board shall employ or contract for the services of all executive
director to function as the chief executive officer to whom any other staff and/or
consultants will report. The executive director shall be responsible for serving as the
principal spokesperson of the Authority unless otherwise determined by the Board.
4.2 Initial staffing and support, City staff will function as the initial Authority staff to support
the Authority until it hires its own executive director. If mutually agreed, (as for
provision of employee benefits), hiring of an executive director and/or other staff as City
personnel may also be considered, but with reporting of such personnel to the Board of
the Authority . It is expected that the City may also provide financial and accounting
services, or other professional support in a manner and under teens agreeable to the City
and the Authority . The City may also provide funds for initial operating expenses.
4.3 Authority RMdjget, Consistent with the City's budgeting schedule and procedures, the
DPDA will prepare and submit to the city manager a proposed annual budget. T1ie budget
will describe the planned work for the year consistent with the Authority strategic plan
and management activities. In the context of the City's own annual budget process, the
City will assess resources available to the Authority including revenues generated by
properties it manages and revenues that may be derived from revitalization and
promotional efforts. Authority accounting will be maintained as Separate from other City-
related programs and services.
5. THE PASCO DEVELOPMENT AUTHORITY REVITALIZATION PLAN AND
IMPLEMENTATION
5.1 Review of Cites}tans and The Authority shall review existing and evolving City
land use and capital improvement phuis and policies affecting the Downtown Area,
5.2 Pinancin 1 In collaboration with City staff and/or other professionals, the
Authority will develop a comprehensive inventory of public, non-profit and private
capital and development financing tools and incentives that may be available to support
its efforts. These should include tax credits or other incentives and identification of
infrastructure and other public capital investments that may be necessary to support
private redevelopment projects. The Authority shall coordinate with the City in
establishing realistic costs for such projects and understanding how such projects may
align with existing City infrastructure and capital improvement plans and priorities.
5.3 Markain . The Authority shall develop a strategy to identify and promote the Downtown
Area including the opportunities associated with the Farmer's Market and Specialty
Kitchen. Such a marketing strategy shall include but not be Iimited to web based
strategies, information and promotional brochures and videos aimed to encourage
participation by market and specialty kitchen users, vendors and customers.
5.4 Facade Improvennent Program. The Authority shall provide information, applications and
professional assistance to Downtown Area property owners wishing to participate in an
approved and funded Community Development Block Grant facade program.
5.5 Business Meetings, The Authority shall conduct at least two business meetings each year
for Downtown Area merchants and property owners. Additional meetings may be
conducted as determined by the Board. Meetings of the DPDA and its Board will be
conducted in a manner consistent with the State of Washington Open Public Meetings
Act, Chapter 42.30 RCW.
5.6 Promotional Events, The Authority may conduct, contract for, or otherwise implement
markcting, promotional or related special events that contribute to the success of the
Downtown Area or otherwise advance the goals of the City and the Authority .
G. PROPERTY MANAGEMENT
6.1 Relationship with the Citv. The Authority may develop for City review and approval
basic terms and conditions for management of City owned properties in the Downtown
Area. Upon mutual agreement of such terms and conditions, the Authority t1lay retain
rents realized from management of such properties and may apply those toward its own
operating expenses.
6.2 Tenantin . In developing, improving and/or operating City owned or other properties, the
Authority shall seek to optimize the use rued occupancy of such properties for which it
has ownership or management responsibilities. The Authority shall seek uses that
advance the public purpose in accordance with City plans and regulations for the
Downtown Area.
7. DPDA REPORTING REQUIREMENTS
7.1 Books and Records. Oct its own or as otherwise agreed with thu City, the Authority shall
keep current and complete books and records of account and shall keep minutes of the
proceedings of its Board and its committees.
7.2 l leeting No is Notice of all meetings and minutes of such meetings of the Board shall
be given to the Clerk of the City of Pasco.
7.3 Annual Report. The Authority is required to prepare an annual report which shall
describe its activities for the prior year and its plans for the current year with emphasis on
the status of its responsibilities under this agreement.
7A City Audits. The City may conduct performance and finarrcial audits of the Authority .
The Authority agrees to cooperate in such audits.
8. INDEMNITIES AND INSURANCE
8.1 Indemnities. The Authority elects to defend and indemnify its present and former officials
and their successors, spouses and marital communities to the full extent authorized by law.
In addition, the right of indemnification shall inure to each Board member or officer and his
or her spouses or marital communities upon his or her appointment to the Board and in the
event of his or her death shall extend to his or her heirs, legal representatives and estate.
Fach person who shall act as a Board member or officer of the: Authority shall be deemed
to do so in reliance upon such indemnification and such rights shall not be exclusive of any
other right which he or she may have.
8.2 Insurance, The Authority shall maintain in full force and effect public liability insurance in
an amount sufficient to cover potential claims for bodily injury, death or disability, and for
property damage, which may arise from or be related to projects and activities of the
Authority, naming the City of Pasco as an additional insured.
9. DEFAULT AND TERMINATION
9.1 Default. By its Charter, the Authority may not incur or create any liability that permits
recourse by any party or member of the public to airy assets, services, resources or credit of
the City of Pasco. In the event of default by the Authority,the City is under no obligation to
cure such default. At its discretion, the City reserves the right to address issues related to
default by the Authority through its powers to audit, modify the Charter and bylaws,
remove board members, place the Authority into trusteeship, and/or terminae the
Authority.
9.2 Termination. if the Pasco City Council makes an affirmative finding that termination is
warranted for any reason, the existence of the Authority may be terminated by ordinance of
the City Council at or after a public hearing, held with notice to the Authority and affording
it a reasonable opportunity to be heard and present testimony.
9.3 Statement of Dissolution. Upon enactment of an ordinance by the Pasco City Council for
termination of the Authority or upon adoption of a resolution by the Authority for its own
dissolution, the Authority shall file a dissolution statement setting forth:
A. The name and principal office of the Authority;
B. The debts,obligations and liabilities of the Authority;
C. Any pending litigation or contingent liabilities;
D. The hoard resolution providing for such dissolution and the date(s) and proceedings
leading toward its adoption and whether the dissolution is voluntary; and
E. A list of persons to be notified upon completion of dissolution.
9.4 Dissolution Acceptance. )n the event that the Pasco City Council shall receive a Statement
of Dissolution, the City Council shall review the statement filed and oversee the dissolution
to protect the public interest,or if so authorized by law, authorize or initiate proceedings tin
th superior court for the appointment and supervision of a receiver for such purposes. Upon
satisfactory completion of dissolution proceedings, the City Council shall indicate such
dissolution by inscription of"Charter canceled" on the origUZal Charter of the Authority, on
file with the City Clerk and, when available, on the duplicate original of the Authority, and
the existence of the Authority shall cease. The City Clerk shall give notice thereof to the
Secretary of State and other persons requested by the Authority in its dissolution statement.
9.5 Dissolution — Disposition of Assets. Upon dissolution of the Authority and the disposition
of its affairs, title to all remaining property or assets of the Authority shall vest in the City
of Pasco for use for public purposes.
10. COMPLIANCE WITH CHARTER & STATE STATUTE
The Authority shall commence its existence on upon the issuance of the Charter. This
Operating Agreement shall be governed in accordance with the Charter and applicable laws
of the State of Washington.
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Reference 4
RCW 35.21.730 -- RCW 35.21.755
RCW 35.21.730
Public corporations --Powers of cities, towns, and counties---Administration
In order to improve the administration of authorized federal grants or programs, to improve
governmental efficiency and services, or to improve the general living conditions in the urban
areas of the state, any city, town, or county may by lawfully adopted ordinance or resolution:
(1) Transfer to any public corporation, commission, or authority created under this section, with
or without consideration, any funds, real or personal property, property interests, or services;
(2) Organize and participate in joint operations or cooperative organizations funded by the
federal government when acting solely as coordinators or agents of the federal government;
(3) Continue federally-assisted programs, projects, and activities after expiration of contractual
term or after expending allocated federal funds as deemed appropriate to fulfill contracts made in
connection with such agreements or as may be proper to permit an orderly readjustment by
participating corporations, associations, or individuals;
(4) Enter into contracts with public corporations, commissions, and authorities for the purpose of
exercising any powers of a community renewal agency under chapter : 1 RCW; and
(5) Create public corporations, commissions, and authorities to: Administer and execute federal
grants or programs; receive and administer private funds, goods,or services for any lawful public
purpose; and perform any lawful public purpose or public function. The ordinance or resolution
shall limit the liability of such public corporations, commissions, and authorities to the assets and
properties of such public corporation, commission, or authority in order to prevent recourse to
such cities, towns, or counties or their assets or credit,
[2002 c 218 § 23; 1985 c 332 § 1; 1974 ex.s. c 37 § 2.]
Notes
Severability -- Savings -- Construction-- 2002 c 218: See notes following RCW
RCW 35.21.735
Public corporations ---- Declaration of public purpose — Power and authority to enter into
agreements, receive and expend funds — Security — Special funds — Agreements to
implement federal new markets tax credit program.
(1) The legislature hereby declares that carrying out the purposes of federal grants or programs is
both a public purpose and an appropriate function for a city, town, county, or public corporation.
The provisions of RCW 35?l.730 through 35,'1.755 and :35.2 1,060 and 35."l_(,7() and the
enabling authority herein conferred to implement these provisions shall be construed to
accomplish the purposes of RC V4'
Page 1 of$ 5.21_.r 3 t through ;�_?1.7 .
�..
Reference 4
RCW 35.21.730 — RCW 35.21.755
(2) All cities, towns, counties, and public corporations shall have the power and authority to
enter into agreements with the United States or any agency or department thereof, or any agency
of the state government or its political subdivisions, and pursuant to such agreements may
receive and expend, or cause to be received and expended by a custodian or trustee, federal or
private funds for any lawful public purpose. Pursuant to any such agreement, a city, town,
county, or public corporation may issue bonds, notes, or other evidences of indebtedness that are
guaranteed or otherwise secured by funds or other instruments provided by or through the federal
government or by the federal government or an agency or instrumentality thereof under section
108 of the housing and community development act of 1974 (42 U.S.C. Sec. 5308), as amended,
or its successor, and may agree to repay and reimburse for any liability thereon any guarantor of
any such bonds, notes, or other evidences of indebtedness issued by such jurisdiction or public
corporation, or issued by any other public entity. For purposes of this subsection, federal housing
mortgage insurance shall not constitute a federal guarantee or security.
(3) A city, town, county, or public corporation may pledge, as security for any such bonds, notes,
or other evidences of indebtedness or for its obligations to repay or reimburse any guarantor
thereof, its right, title, and interest in and to any or all of the following: (a) Any federal grants or
payments received or that may be received in the future; (b) any of the following that may be
obtained directly or indirectly from the use of any federal or private funds received as authorized
in this section. (i) Property and interests therein, and (ii) revenues; (c) any payments received or
owing from any person resulting from the lending of any federal or private funds received as
authorized in this section; (d) any proceeds under (a), (b), or (c) of this subsection and any
securities or investments in which (a), (b), or (c) of this subsection or proceeds thereof may be
invested; (e) any interest or other earnings on (a), (b), (c), or (d) of this subsection.
(4) A city, town, county, or public corporation may establish one or more special funds relating
to any or all of the sources listed in subsection (3)(a) through (e) of this section and pay or cause
to be paid from such fund the principal, interest, premium if any, and other amounts payable on
any bonds, notes, or other evidences of indebtedness authorized under this section, and pay or
cause to be paid any amounts owing on any obligations for repayment or reimbursement of
guarantors of any such bonds, notes, or other evidences of indebtedness. A city, town, county, or
public corporation may contract with a financial institution either to act as trustee or custodian to
receive, administer, and expend any federal or private funds, or to collect, administer, and make
payments from any special fund as authorized under this section, or both, and to perform other
duties and functions in connection with the transactions authorized under this section. If the
bonds, notes, or other evidences of indebtedness and related agreements comply with subsection
(6) of this section, then any such funds held by any such trustee or custodian, or by a public
corporation, shall not constitute public moneys or funds of any city, town, or county and at all
times shall be kept segregated and set apart from other funds.
(5) For purposes of this section, "lawful public purpose" includes, without limitation, any use of
funds, including loans thereof to public or private parties, authorized by the agreements with the
United States or any department or agency thereof under which federal or private funds are
obtained, or authorized under the federal laws and regulations pertinent to such agreements.
(6) If any such federal or private funds are loaned or granted to any private party or used to
Page 2of8
Reference ,+
RCW 35.21.730 — RCW 35.21.755
guarantee any obligations of any private party, then any bonds, notes, other evidences of
indebtedness issued or entered into for the purpose of receiving or causing the receipt of such
federal or private funds, and any agreements to repay or reimburse guarantors, shall not be
obligations of any city, town, or county and shall be payable only from a special fund as
authorized in this section or from any of the security pledged pursuant to the authority of this
section, or both. Any bonds, notes, or other evidences of indebtedness to which this subsection
applies shall contain a recital to the effect that they are not obligations of the city, town, or
county or the state of Washington and that neither the faith and credit nor the taxing power of the
state or any municipal corporation or subdivision of the state or any agency of any of the
foregoing, is pledged to the payment of principal, interest, or premium, if any, thereon. Any
bonds, notes, other evidences of indebtedness, or other obligations to which this subsection
applies shall not be included in any computation for purposes of limitations on indebtedness. To
the extent expressly agreed in writing by a city, town, county, or public corporation, this
subsection shall not apply to bonds, notes, or other evidences of indebtedness issued for, or
obligations incurred for, the necessary support of the poor and infirm by that city, town, county,
or public corporation.
(7) Any bonds, notes, or other evidences of indebtedness issued by, or reimbursement obligations
incurred by, a city, town, county, or public corporation consistent with the provisions of this
section but prior to May 3, 1995, and any loans or pledges made by a city, town, or county in
connection therewith substantially consistent with the provisions of this section but prior to May
3, 1995, are deemed authorized and shall not be held void, voidable, or invalid due to any lack of
authority under the laws of this state.
(8) All cities, towns, counties, public corporations, and part districts may create partnerships and
limited liability companies and enter into agreements with public or private entities, including
partnership agreements and limited liability company agreements, to implement within their
boundaries the federal new markets tax credit program established by the community renewal tax
relief act of 2000 (26 U.S.C. Sec. 45D) or its successor statute.
[2007 c 230 § 2; 1995 c 212 § 2; 1985 c 332 § 3; 1974 ex.s. c 37 § 3.1
Notes:
Purpose -- 2007 c 230: "The purpose of this act is to assist community and economic
development by clarifying how cities, towns, counties, public corporations, and port districts
may fully participate in the federal new markets tax credit program." [2007 c 230 § l.]
Construction -- 2007 c 230: "The authority granted by this act is additional and supplemental to
any other authority of any city, town, county, public corporation, or port district. This act may
not be construed to imply that any of the power or authority granted in this act was not available
to any city, town, county, public corporation, or port district under prior law. Any previous
actions consistent with this act are ratified and confirmed." [2007 c 230 § 3.]
Severability -- 2007 c 230: "If any provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the application of the provision to other
Page 3 of 8
Reference +
RCW 35.21.730 — RCW 35.21.755
persons or circumstances is not affected." [2007 c 230 § 4.]
Purpose -- 1995 c 212: "The purpose of this act is to assist community and economic
development by clarifying the authority of all cities, towns, counties, and public corporations to
engage in federally guaranteed "conduit financings" and to specify procedures that may be used
for such conduit financings. Generally, in such a conduit financing a municipality borrows funds
from the federal government or from private sources with the help of federal guarantees, without
pledging the credit or tax revenues of the municipality, and then lends the proceeds for private
projects that both fulfill public purposes, such as community and economic development, and
provide the revenues to retire the municipal borrowings. Such conduit financings include
issuance by municipalities of federally guaranteed notes under section 108 of the housing and
community development act of 1974, as amended, to finance projects eligible under federal
community development block grant regulations." [1995 c 212 § 1.1
Severability -- 1995 c 212: "If any provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the application of the provision to other
persons or circumstances is not affected." [1995 c 212 § 3.]
Construction -- 1995 c 212: "The authority granted by this act is additional and supplemental to
any other authority of any city, town, county, or public corporation. Nothing in this act may be
construed to imply that any of the power or authority granted hereby was not available to any
city, town, county, or public corporation under prior law. Any previous actions consistent with
the provisions of this act are ratified and confirmed." [1995 c 212 § 4.]
Effective date -- 1995 c 212: "This act is necessary for the immediate preservation of the public
peace, health, or safety, or support of the state government and its existing public institutions,
and shall take effect immediately [May 3, 1995]." [1995 c 212 § 5.]
RCW 35.21.740
Public corporations — Exercise of powers, authorities, or rights — Territorial
jurisdiction.
Powers, authorities, or rights expressly or impliedly granted to any city, town, or county or their
agents under any provision of RCW 35.2 1.7. through ,} .'_I .7�,� shall not be operable or
applicable, or have any effect beyond the limits of the incorporated area of any city or town
implementing RCW .i,�;P 1 _7.,() through 35.._'._1 .755, unless so provided by contract between the
city and another city or county.
[1985 c 332 § 4; 1974 ex.s. c 37 § 4.]
RCW 35.21.745
Page 4of8
Reference 4
RCW 35.21.730 — RCW 35.211.755
Public corporations — Provision for, control over — Powers.
(1) Any city, town, or county which shall create a public corporation, commission, or authority
pursuant to RCW 3�.? 1_730 or 35.' 1 .000, shall provide for its organization and operations and
shall control and oversee its operation and funds in order to correct any deficiency and to assure
that the purposes of each program undertaken are reasonably accomplished.
(2) Any public corporation, commission, or authority created as provided in RCW 35-21.7`0
may be empowered to own and sell real and personal property; to contract with a city, town, or
county to conduct community renewal activities under chapter 3�:`I RCW; to contract with
individuals, associations, and corporations, and the state and the United States; to sue and be
sued; to loan and borrow funds and issue bonds and other instruments evidencing indebtedness;
transfer any funds, real or personal property, property interests, or services; to do anything a
natural person may do; and to perform all manner and type of community services. However, the
public corporation, commission, or authority shall have no power of eminent domain nor any
power to levy taxes or special assessments.
[2002 c 218 § 24; 1985 c 332 § 2; 1974 ex.s. c 37 § 5.]
Notes:
Severability -- Savings --Construction -- 2002 c 218: See notes following RCW ,_
RCW 35.21.747
Public corporations --Real property transferred by city, town, or county—Restrictions,
notice, public meeting.
(1) In transferring real property to a public corporation, commission, or authority under RCW
:{5.? I .7.,(1, the city, town, or county creating such public corporation, commission, or authority
shall impose appropriate deed restrictions necessary to ensure the continued use of such property
for the public purpose or purposes far which such property is transferred.
(2) T'lie city, town, or county that creates a public corporation, commission, or authority under
RCW 3 ti_1 1 .730 shall require of such public corporation, commission, or authority thirty days'
advance written notice of any proposed sale or encumbrance of any real property transferred by
such city, town, or county to such public corporation, commission, or authority pursuant to RCW
Z
'1 ,730(1), At a minimum. such notice shall be provided by such public corporation,
commission, or authority to the chief executive or administrative officer of such city, town, or
county, and to all members of its legislative body, and to each local newspaper of general
circulation, and to each local radio or television station or other news medium which has on file
with such corporation, commission, or authority a written request to be notified.
Page 5 of 8
1
Reference +
RCW 35.21.730 — RCW 35.21.755
(3) Any property transferred by the city, town, or county that created such public corporation,
commission, or authority may be sold or encumbered by such public corporation, commission, or
authority only after approval of such sale or encumbrance by the governing body of the public
corporation, commission, or authority at a public meeting of which notice was provided pursuant
to RCW {?_��,1,Oti(1. Nothing in this section shall be construed to prevent the governing body of
the public corporation, commission, or authority from holding an executive session during a
regular or special meeting in accordance with RCW -1'.0.1 10(I)(e). In addition, the public
corporation, commission, or authority shall advertise notice of the meeting in a local newspaper
of general circulation at least twice no less than seven days and no more than two weeks before
the public meeting.
[1990 c 189 § 1.]
RCW 35.21.750
Public corporations --Insolvency or dissolution.
In the event of the insolvency or dissolution of a public corporation, commission, or authority,
the superior court of the county in which the public corporation, commission, or authority is or
was operating shall have jurisdiction and authority to appoint trustees or receivers of corporate
property and assets and supervise such trusteeship or receivership: PROVIDED, That all
liabilities incurred by such public corporation, commission, or authority shall be satisfied
exclusively from the assets and properties of such public corporation, commission, or authority
and no creditor or other person shall have any right of action against the city, town, or county
creating such corporation, commission or authority on account of any debts, obligations, or
liabilities of such public corporation, commission, or authority.
[1974 ex.s, c 37 § 6.]
RCW 35.21.755
Public corporations —Exemption or immunity from taxation — In lieu excise tax.
(1) A public corporation, commission, or authority created pursuant to RCW 5�2 1 .7��1,
or ti1.1 12.320 shall receive the same immurdty or exemption from taxation as that of
the city, town, or county creating the same: PROVIDED, That, except for(a) any property within
a special review district established by ordinance prior to January 1, 1976, or listed on or which
is within a district listed on any federal or state register of historical sites or (b) any property
owned, operated, or controlled by a public corporation that is used primarily for low-income
housing, or that is used as a convention center, performing arts center, public assembly hall,
public meeting place, public esplanade, street, public way, public open space, park, public utility
corridor, or view corridor for the general public or (c) any blighted property owned, operated, or
controlled by a public corporation that was acquired for the purpose of remediation and
Page 6 of 8
Reference
RCW 35.21.730 --- RCW 35.21.755
redevelopment of the property in accordance with an agreement or plan approved by the city,
town, or county in which the property is located, or (d) any property owned, operated, or
controlled by a public corporation created under RCW 81.1 12.320, any such public corporation,
commission, or authority shall pay to the county treasurer an annual excise tax equal to the
amounts which would be paid upon real property and personal property devoted to the purposes
of such public corporation, commission, or authority were it in private ownership, and such real
property and personal property is acquired and/or operated under RCW '5.21,7`0 through
>5.�' 1.7>5, and the proceeds of such excise tax shall be allocated by the county treasurer to the
various taxing authorities in which such property is situated, in the same manner as though the
property were in private ownership: PROVIDED FURTHER, That the provisions of chapter
S?.?').A RCW shall not apply to property within a special review district established by ordinance
prior to January 1, 1976, or listed on or which is within a district listed on any federal or state
register of historical sites and which is controlled by a public corporation, commission, or
authority created pursuant to RCW 3.ti_')1_7 0 or 3 1.000, which was in existence prior to
January 1, 1987: AND PROVIDED FURTHER, That property within a special review district
established by ordinance prior to January 1, 1976, or property which is listed on any federal or
state register of historical sites and controlled by a public corporation, commission, or authority
created pursuant to RCW 3;.2 1 .730 or 5.2 1 ,060, which was in existence prior to January 1,
1976, shall receive the same immunity or exemption from taxation as if such property had been
within a district listed on any such federal or state register of historical sites as of January 1,
1976, and controlled by a public corporation, commission, or authority created pursuant to RCW
1 .7 3 0 or 35,'J..000 which was in existence prior to January 1, 1976.
(2) As used in this section:
(a) "Low-income" means a total annual income, adjusted for family size, not exceeding
fifty percent of the area median income.
(b) "Area median income" means:
(i) For an area within a standard metropolitan statistical area, the area median
income reported by the United States department of housing and urban
development for that standard metropolitan statistical area; or
(ii) For an area not within a standard metropolitan statistical area, the county
median income reported by the *department of community, trade, and economic
development.
(c) 'Blighted property" means property that is contaminated with hazardous substances as
defined under RCW 70.1051).U_'(.),
Page 7 of 8
L
Reference �}
RCW 35.21.730 -- RCW 35.21.755
[2007 c 104 § 16; 2000 2nd sp.s. c 4 § 29; 1999 c 266 § 1; 1995 c 399 § 38; 1993 c 220 § 1; 1990
c 131 § 1; 1987 c 282 § 1; 1985 c 332 § 5; 1984 c 116 § 1; 1979 ex.s, c 196 § 9; 1977 ex.s. c 35 §
1; 1974 ex.s. c 37 § 7.1
Notes:
`Reviser's note: The "department of community, trade, and economic development" -was
renamed the "department of commerce" by 2009 c 565.
Application -- Construction -- Severability -- 2007 c 104: See RCW 04.70,01_ and 64.70 900.
Findings-- Construction-- 2000 2nd sp.s. c 4 §§ 18-30: See notes following RCW �1..,1 12,300.
Effective date-- 1979 ex.s. c 196: See note following RCW Xlm4.240.
Effective date -- 1977 ex.s. c 35: "This 1977 amendatory act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state government and its
existing public institutions, and shall take effect July 1, 1977." [1977 ex.s. c 35 § 2.]
Page 8of8
AGENDA REPORT
TO: City Council i '` November 18, 2010
FROM: Crary Crutchfie anager Workshop Mtg.: 11%22/10
SUBJECT: Lease for Munidipal Court Space
1. REFERENCES):
I. Draft County Lease
2. Current (1995) Courthouse Lease Amendment
11. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
11122: Discussion
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
A) The city and county, in 1970, mutually agreed that the city's municipal court and
police station should be housed in the new public safety building being planned at
the time by the county (adjacent the west side of the historic courthouse building).
That agreement took the form of a 40-year lease in which the city committed to
pay the full cost of its share of the new building (based on square footage) as part
of the annual debt service paid by the county for the total building; thus, the city
paid for its share of the public safety building plus interest between 1972 and
1992 (the county did not pay for that portion of the building occupied by the city).
B) The 40-year prepaid lease was modified in 1995 to reflect the fact that the city
moved its police station out of the public safety building (into the new city hall)
and some of the vacated space was given to the county in exchange for a credit
against the city's share of annual O&M expenses of the public safety building.
The balance of the space has been occupied by municipal court. The 40-year
lease (as amended in 1995) expires in May 2012.
C) In February/March 2009, joint meetings were conducted between Pasco City
Council and Franklin County Commission, attempting to focus on several
important issues common to the two agencies, One was the need of the city to
provide a home for its municipal court by 2012. Both agenciew agreed the best
solution for taxpayers (particularly those who pay taxes to both the city and
County) would have municipal court functionally convenient to the county jail (to
avoid the cost associated with transported prisoners). The pref�.rred option
identified through the discussions was to include a new municipal court space (at
city cost) as part of a new jail project; however, the voters subsequently rejected
financing the new jail project at the polls. Subsequent discussion with county
officials concluded that the county should continue to lease the current municipal
court space to the city until such time as a viable replacement project can be
approved for financing.
D) County officials recently provided a draft lease agreement to replace the 1970
lease (as amended in 1995). The key elements of the new lease are:
• Use of the same space currently used (with clarification of schedule);
■ Three-year "rolling" term (three years notice required to terminate the
lease);
■ Monthly rental (amount to be determined).
4(d)
V. DISCUSSION:
A) The draft lease offered by the county, in general, would accomplish the goal
mutually agreed in early 2009 — accommodate municipal court at the courthouse
so as to avoid unnecessary expense for city taxpayers in operation of the court.
The space included would be adequate for the foreseeable future (assuming
agreement on the specific courtroom use schedule) and the three-year notice
requirement insures the city has sufficient time to provide other space when the
lease eventually terminates (whether by virtue of a new jail project including new
municipal court space or by virtue of the county determining it needs to use the
space itself). There are, however, a few elements that deserve further attention.
• Rent: though the draft does not include a specific figure, staff anticipates
the county may expect "market-based" rental payment. "Market based"
means, in essence, what the city might otherwise pay for similar but
privately-owned space. Staff notes that in the case of the private market,
the owner of the space has invested his own funds and expects a profitable
retuni on his investment. In this case, however, the space to be occupied
by the city (the "investment") was created by the city (the tenant); also, it
is a public facility (which does not require a "profit" on the initial
investment). Thus, while the city should certainly pay rent, the figure
should be determined on the factual basis associated with the space rather
than a hypothetical, private investment model.
• Adjustments: the draft, in effect, permits the county to increase the rent at
least once per year (perhaps more) and there is no limitation on the
amount of increase; this is, in effect, a blank check from the city. As both
agencies are public corporations with annual budgets on a calendar year, it
would seem more appropriate to provide for no more than one adjustment
per year, effective in January and that a cap or formula be used to
constrain increases.
• Equipment repair/replacement: the draft requires the city to pay 50% of
the cost of repair and/or replacement of the electronic equipment in the
shared courtroom, but the city would have no financial interest in the
equipment at lease termination. If the rent provisions are modified to
reflect this requirement, it may not be objectionable; otherwise, it seems a
bit "one-sided."
• Courtroom schedule: clarification is needed as to Exhibit B, it reflects
that the city may not have the small upstairs courtroom ("superior"
courtroom) on Fridays. The current agreement, as amended in 1995,
provides this courtroom on Fridays if needed by municipal court; if not, it
is then available to superior court. This has worked well for 15 years.
The change would greatly diminish the city's ability to conduct jury trials,
leading to the probability of cases being dismissed simply because the city
could not meet the timeline for conduct of the trial.
B) In addition to the concerns noted above, the "General Terms and Conditions"
(Exhibit C) are under review by the city's attorney, who has indicated the exhibit
will require substantial changes.
C) Staff requests council discussion and direction to staff.
LEASE AGREEMENT
This Lease is made and entered into this day of
2010 by and between Franklin County, a political subdivision of the State of Washington,
with its principal offices located at 1016 North 4t" Avenue, Pasco, Washington,
hereinafter also referred to as "County," and the City of Pasco, a municipal corporation of
the State of Washington, with its principal offices located at 525 North 3rd Avenue, Pasco,
Washington, hereinafter referred to as "City."
Whereas, the County owns and operates a facility located at 1016 North 4th
Avenue, Pasco, Washington, also known and referenced herein as the "Public Safety
Building"; and
Whereas, the City provides municipal court services for the City of Pasco in areas
of the Franklin County Public Safety Building; and
Whereas, the City needs a facility for the purposes of providing municipal court
services; and
Whereas, the County hereby offers to lease a specific portion of the Public Safety
Building to the City for its use of providing municipal court services; and
Whereas, Chapter 36.64 RCW permits the County and City to engage in use of a
joint courthouse facility, and
Whereas, in 1970 the County and City entered into a Lease for a portion of the
Public Safety Building due to expire May 1, 2012; and
Whereas, the County and City have agreed to terminate the 1970 approved
Lease, and hereinafter Amendment thereto in 1995, and to enter into a new Lease; and
Whereas, it is in the County's and public's interest for the City to continue to be
allowed to lease, for a prescribed period of time, a specific portion set forth herein of the
Public Safety Building to provide municipal court services; and
NOW THEREFORE, in consideration of the promises and commitments made
herein, the sufficiency of which is hereby acknowledged, it is agreed as follows:
1 . PREMISES
The County hereby leases and grants to the City occupancy, upon the following
terms and conditions, of specified portion of the improvements hereinafter
described and known as the Public Safety Building, located at 1016 North 4t"
Avenue, Pasco, Washington as depicted in the enclosed Attachment A which is
incorporated herein by this reference.
Lease
Page 1 of 8
Said portions of the Public Safety Building governed by this Lease are hereinafter
also referred to as the "Premises."
The title to and ownership of the Premises, together with all underlying and
surrounding grounds, and the appurtenances thereto, shall be and remain in
Franklin County, Washington.
2. TERM
The term of this Lease shall begin the 151 day of January, 2011 and shall end three
(3) years after the County notifies the City in writing of the County's intent to
terminate said lease.
3. RENT
The Rent price for the Premises is Dollars ($ .00) per month.
The City shall pay to the County the cumulative rent price, in advance, on a
quarterly basis as follows:
First Quarter January — March $ .00 Due each January 1
Second Quarter April -- June $ .00 Due each April 1
Third Quarter July — September $ .00 Due each July 1
Fourth Quarter October— December $ .00 Due each October 1
Rental rates will commence May 1 , 2012. Rent for any period of less than one
quarter shall be pro-rated based upon the number of days in said period.
Said rental is exclusive of any other sale, franchise, business or occupation, or
other applicable taxes. Should any such taxes apply during the He of this lease
the rent shall be increased by such amount(s). This Lease does not provide for
any type of Rent Credits.
The County may only increase the Rent price for said Premises by providing the
City with written notice of the amount of the increase between January 1 and
August 1 of any calendar year during the Lease term. Said Rent price increase
shall become effective no earlier than six months following such written notice of
increase,
4. IMPROVEMENTS AND ALTERATIONS
The City may make nonstructural improvements and/or alterations, at its own cost,
with County approval, to the Premises to make them suitable for the City's uses in
providing municipal court services. Title to all alterations and/or improvements
made to the Premises shall vest in the County at the termination and/or expiration
of the Lease.
5. PREMISES EQUIPMENT AND FURNITURE
a. Courtroom Areas: The County and the City shall replace and repair
the equipment and furniture of the shared courtroom facilities by their mutual
Lease
Page 2of8
approval and equal sharing of costs. Title to the aforesaid equipment, furniture,
and related improvements shall vest in the County.
b. City Court Administration Areas: The City shall be solely
responsible for equipping this area of the Premises and any costs thereto. Title to
the aforesaid equipment shall vest in the City.
6. COURTROOM SHARING
Municipal and District Courts will share the second floor main District courtroom
numbered 224, t`)e small courtroom numbered 214 on the second floor, and
available Superior courtrooms as detailed in Attachment B.
7. LIBRARIES
The City shall provide its own library; the existing library is the property of Franklin
County.
8. LEASEHOLD EXCISE TAX
The City shall pay: unless exempt by operation of law, any ieasehoid excise tax
due pursuant to Chapter 82.29A R.C.W. to the County on December 31 of each
year. If the State of Washington changes the leasehold excise tax or if Franklin
County imposes this tax, the tax payable by City shall be correspondingly
changed. If City provides the County with proof of exemption from the
Washington State Department of Revenue, then City shall not be required to pay
the leasehold excise tax.
9. USE
City may use said Premises for the following purposes and no other without prior
written consent of Franklin County.
Provide for municipal court services in accordance with Chapter 3.46
RCW and Chapter 3.50 RCW_
No other uses, activities or operations shall be conducted by the City from the
leased Premises without first obtaining the prior written consent of Franklin
County's authorized representative(s), which consent shall not be unreasonably
withheld.
10. GENERAL TERMS AND CONDITIONS
In the event of any conflict or inconsistency between the terms of this Lease and
Attachment C General Terms and Conditions, the terms of this Lease shall
control.
11. TERMINATION
Either party may terminate this lease by written notice to the other delivered by
certified mail no less than 36 months prior to the effective date of such
termination.
Lease
Page 3 of 8
12. AMENDMENTS/MODIFICATIONS
It is understood and agreed at this time, as the need for additional courtroom
and/or administration space arises, that all of the TERMS of this agreement may
be modified to accommodate the growing demands on our criminal justice system.
Details of any modifications shall be determined at that time.
No amendments or modifications shall be made to this Lease, unless set forth in a
written amendment signed by both parties' authorized representatives.
13. ENTIRE AGREEMENT—AMENDMENTS
This printed Lease, together with the enclosed Attachments A, B and C all
expressly incorporated herein by reference shall constitute the whole agreement
between the parties. There are no terms, obligations, covenants or conditions
other than those contained herein. Except as otherwise provided herein, no
modification or amendment of this Lease shall be valid or effective unless
evidenced by an agreement in writing signed by authorized representatives of
both parties.
14. NOTICES
Required notices, except legal notices, shall be given in writing and mailed by
registered or certified mail to the following respective address:
To County:
Attn. County Administrator
Franklin County
1016 North 4th Avenue
Pasco, Washington 99301
To City:
Attn: City Manager
City of Pasco
525 North 3 I Avenue
Pasco, Washington 99301
or to such other respective addresses as either party hereto may hereafter from
time to time designate in writing. Notice shall be deemed to be given three (3)
days following the date of mailing.
Lease
Page 4 of 8
IN WITNESS WHEREOF, the parties hereto have subscribed their names as of the
day of . 2010.
LESSEE:. LESSOR:
CITY OF PASCO FRANKLIN COUNTY, a Political Subdivision of
the State of Washington
By:
Gary Crutchfield, City Manager Brad Peck, Chairman
Rick Miller, Chair Pro Tem
Robert E. Koch, Member
ATTEST BY:
Clerk of the Board
APPROVED AS TO FORM: APPROVED AS TO FORM:
STEVE M. LOWS, #146701#91039
Prosecuting Attorney for
Leland B. Kerr Franklin County
City Attorney
By:
Deputy Prosecuting Attorney
Lease
Page 5of8
STATE OF WASHINGTON )
} ss,
COUNTY OF FRANKLIN )
On the day of 2414, before me, the undersigned, a Notary Public, in and
for the State of Washington, duly commissioned and sworn, personally appeared Gary
Crutchfield to me known to be the City Manager of the City of Pasco, a municipal corporation of
the State of Washington who executed the foregoing instrument and acknowledged the said
instrument to be the free and voluntary act and deed of said City, for the uses and purposes there
mentioned, and on oath stated that said person was authorized to execute the said instrument for
said City.
WITNESS my hand and official seal hereto affixed the day and year in this certificate
above written.
Printed name:
NOTARY PUBLIC in and for the State of
Washington, residing at.
My commission expires:
STATE OF WASHINGTON )
ss.
COUNTY OF FRANKLIN )
On the day of 2010, before me, the undersigned, a Notary Public, in and
for the State of Washington, duly commissioned and swom, personally appeared Brad Peck, to
me known to be the Chairman of the Board of Franklin County Commissioners, and Rick Miller,
to me known to be a Chair Pro-Tem of the Board of Franklin County Commissioners, and Robert
E. Koch, to me known to be a Member of the Board of Franklin County Commissioners, a
political subdivision of the State of Washington, who executed the foregoing instrument and
acknowledged the said instrument to be the free and voluntary act and deed of said political
subdivision of the State of Washington, for the uses and purposes there mentioned, and on oath
stated that said persons were authorized to execute the said instrument for Franklin County,
Washington.
WITNESS my hand and official seal hereto affixed the day and year in this certificate
above written.
Printed name:
NOTARY PUBLIC in and for the State of
Washington, residing at
My commission expires.,
Lease
Page 6of8
ATTACHMENT A
LEASE AGREEMENT
FRANKLIN COUNTY and CITY OF PASCO
Leased Space Descriptions
Areas of the Leased Premises Exclusive Shared
City Use City —County Use
Room 223 X
Room 227 X
Room 224 X
Room 214 X
Common Areas (Restrooms/ Hallways) X
Lease
Page 7 of 8
Amendment to Public Safety Building Lease Agreement
Between
The City of Pasco and Franklin County
This agreement is made and entered into between the City of Pasco, a
municipal corporation of the State of Washington, hereinafter called City,
and Franklin County, a municipal corporation of the State of Washington,
hereinafter called County.
Whereas, the City and the County are parties to an Agreement For Lease Of
Space,Franklin County - City Of Pasco, Public Safety Building dated March 16,
1970 and its subsequent amendments, wherein the County leases to the City
certain square feet of the second floor and certain square feet of the first floor
at the Franklin County-City of Pasco, Public Safety Building; and
Whereas, the City has moved its police department operations from the
Public Safety Building to the new Pasco Civic Center and desires space
adequate for its Municipal Court clerical staff and to have increased
availability of courtrooms; and
Whereas, the County desires to occupy space that is no longer needed by the
City; and
Whereas, both parties desire to reach an amicable settlement of the residual
value of the leased space being vacated by the City and provide for adequate
courtroom facilities to both the Pasco Municipal Court and the Franklin
County District Court for the balance of the remaining lease term, now,
therefore,
In consideration of the mutual benefits hereinbelow provided, the parties
agree as follows:
1. Floor Space. (a) The City will exclusively occupy the designated Municipal
Court office space for the duration of the existing Lease term (until May 1,
2012), unless the City decides to vacate all space at the Public Safety Building at
a sooner date at the City's discretion, upon at least sixty (60) days written
notice to the County. (See attached floor plan). The City may make non-
structural changes to the space it occupies without approval of the County.
(b) The City will relinquish all rights to use and occupancy (joint and
exclusive) of the downstairs (first floor) space immediately. In addition, the
City will relinquish to the County all second floor space except that space
designated on the attached floor plan, of which the City shall retain exclusive
use and occupancy, and in addition the City shall have the joint use and
Amendment To Lease Agreement/Public Safety Building - Page 1 of 5
occupancy of the courtrooms as described in Section 4. hereof. (See attached
floor plan).
2. Courtroom Equipment and Furniture. The County and the City shall
replace and repair the equipment and furniture of the shared courtroom
facilities by their mutual approval and equal splitting of the cost.
3. O & M Credit. As consideration for the space vacated by the City, the City
shall be assessed no maintenance and operations costs until it has depleted
$90,000.00 in credit for O&M assessments otherwise chargeable. If the City is
still occupying space after the $90,000.00 credit limit has been reached, and the
County has finished construction of the new Superior Court courtroom as
required herein, the City shall then commence payment of its one-half of the
shared courtroom facilities and one-half of the shared restrooms on the
second floor of the Public Safety Building. Shared space does not include
hallways. In the event that the new Superior courtroom is not completed, the
City shall not be obligated to pay O&M expenses until the courtroom is
completed. Eligible costs for O&M assessments are limited to custodial
services, charges for utilities, and minor interior repairs.
The City shall be entitled at any time to review the County's budget
documents on which the O&M assessments to the City are based. In the event
the City and the County cannot agree on the correctness of the assessment to
the City, the dispute shall be resolved by a third party arbitrator jointly
selected and paid for by the parties.
4. Courtroom Sharing. Municipal and District courts will share the second
floor main District courtroom, the existing small Superior courtroom on the
third floor of the courthouse, (at such time as the new Superior courtroom is
constructed), and the small (old weed room) second floor courtroom on the
following time share basis agreed to by the District and Municipal Court Judge
for the two District Court courtrooms and the District, '_Municipal and a
Superior Court Judge representative for the existing small Superior
courtroom, when it becomes available:
Present
Lasp Downs tain Courtrn Small Doim;stairs C ourtr€h2M
Municipal Court Monday &Tuesday Wednesday & Thursday AM
Alternating Even Fridays Monday AM
District Court Wednesday & Thursday Monday PM&Tuesday
Alternating Odd Fridays Thursday PM
Amendment To Lease Agree ment/Public Safety Building - Page 2 of 5
Use of the large courtroom would be on alternating Fridays for jury trials.
District court will have odd-numbered court dates, and Municipal Court will
have the even-numbered court dates, In the event one court does not have a
jury trial scheduled for their Friday, the other court may use the courtroom
for a jury trial. However, should there be a jury trial in the large courtroom,
then the other court may use the downstairs small courtroom on that Friday.
Future
Large Downstairs Small Downstairs Small Upstairs
Courtroom oorn Co oorn
Municipal Court Monday&Tuesday Wednesday & Wednesday &
Alternating Fven Thursday Thursday
Fridays Friday AM Alternating Odd
Fridays
District Court Wednesday & Monday &Tuesday Monday&Tuesday
Thursday Friday PM Alternating Even
Alternating Odd Fridays
Fridays
It is mutually understood that the Courts will accommodate each other in the
event that a courtroom is not being used on their scheduled day.
If the judges are unable to maintain agreement during the term of the lease,
then the County Commissioners and the Pasco City Council shall jointly
redefine the court time schedule consistent with the intent of an equal time
division between the District and Municipal Courts.
"Courtroom" as used in this agreement includes Judges Chambers, Jury and
witness rooms attendant to the courtroom, except that the District Court
Judge shall have the exclusive occupancy of the Chambers adjacent to the
small District courtroom.
5. New Courtroom. The County will complete the third Superior courtroom
construction on the third floor within twenty-four (24) months of the date
written below.
6. Libraries. Each Court will provide its own library, the existing library
belongs to the County.
Amendment To Lease Agreement/Public Safety Building - Page 3 of 5
7. Operations and Maintenance. The City's share of the operations and
maintenance costs for the combined Public Safety Building and Courthouse
shall be equal to the percentage the City's square feet of floor space reserved
for the City's exclusive use, plus one-half of the courtroom space it jointly
shares with the County will have to the total percentage of space (66,372
square feet). Eligible costs are limited to custodial services, charges for
utilities, and minor interior repairs. In the event the City's joint use of a
courtroom is more or less than fifty percent (50%) by agreement of the judges,
the City's percentage of O&M shall be adjusted up or down in accordance with
its courtroom usage.
S. Conflicts. In the case that any provision of this agreement conflicts with any
provision of the 1970 Lease Agreement, the terms and conditions of this
agreement shall prevail.
9. 1970 Lease Agreement Continues. In all other respects, the terms and
conditions of the 1970 Lease Agreement as previously amended in 1995 by
joint Resolution, shall remain in full force and effect.
10. Arbitration. In the event the parties are unable to resolve any dispute over
interpretation or application of this agreement during the lease term, the
parties shall jointly select a third party arbitrator to resolve the dispute
consistent with the terms hereof.
Dated this !-�-Yday of June 1995.
City of Pasco:
Charles Kilbury
Mayor Pro-Tem
Attest: �J
App o eAAsFIrm, ,' I
Catherine D. Seaman reg . Rubstello
Deputy City Clerk SCity ftorney
Amendment To Lease Agreement/Public Safety Building - Page 4 of 5
Franklin County Commissioners:
Neva Corkru
Cytai erSO
r
Frank Brock
Commis toner
Sue Miller v
Commissioner
Attest:
Approved As To Form:
f l
Mary itheri Steven M, Lowe
Clerk of the Board Franklin County Prosecicting
Attorney/
Amendment To Lease Agreement/Public Safety Building - Page 5 of 5
4
it I �J l
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innf —4
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EL=V, 6'-0" CLEAR FROM SOUTH 'C
FACE OF C.M.U. TO NORTH
o FACE OF GYPSUM BOARD, T I>
WALL PARALLELS ELEV, `
' r f �•x � '\ ,
CITY COURT AOMIMSTRA71CN AREAS = 2,100 SQUARE FEET PUBLIC RESTROOMS = 500 SQUARE FEET
iC CITY / COUNTY JOfNT-USE AREAS = 2,510 SQUARE FEET
ATTACHMENT "A"
FRANKLIN COUNTY PUBLIC SAFETY BUILDING - SECOND FLOOR PLAN
SCALE: 1/16' = V-D" CKJT ARCHITECTS JUNE t 1995 N
AGENDA REPORT
TO: City Council November 19, 2010
FROM: Gary Crutchfiel y Sager 'Workshop Mtg.: l ]!22110
SUBJF,CT: City Council Districts
1. REFERENCE(S):
1. PMC 1.10.010
2. Map of Current Council Districts
�. Matrix, Population by Precinct/District, Cturenl
4. Map, Districts Option A
5. Map, Districts Option B
1I. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
11122: Discussion
111. FISCAL IMPACT:
IV, HISTORY AND FACTS BRIEF:
A) PMC Chapter 1.10 provides that five of the seven City Council positions be filled
by citizens residing in the respective district. The ordinance was established in
1971 in an effort to assure geographic representation and, in particular, to assure
an opportunity for ethnic representation on the City Council. As a precaution (to
assure "equal representation" as required under the Constitution), the ordinance
further requires that no district may be more than 10% greater or smaller than
another district ("10%" rule).
B) Given ordinary community growth rates, the City Council districts were revised
once every 10 years, following the decennial federal census. With the rapid
growth of Pasco over the past decade; however, the district boundaries have
required adjustment every two years in order to comply with the "10% rule." The
last effort (2009) illustrated that the ability to comply with the 10% rule with five
districts is becoming so difficult as to be improbable without starting over entirely
(the existing composition of districts is so bound by precincts and current council
residency, that it becomes improbable to define a long-term change without
displacing a current Councilmember).
C) During the past year, staff worked with the county auditor to reduce the size of
precincts, particularly in the older part of the city. As a result, about a dozen
precincts were split in two, both in the older area and the plateau (to
accommodate anticipated growth). Those changes helped to provide more
flexibility in 2010, but did not relieve the problem in a significant way.
D) The current population estimates, by precinct/district, reflects a disparity greater
than 10%. 'Thus, action is required by the City Council to revise the council
district boundaries in advance of the 2011 municipal election (tiling period is the
first week of June). Revisions should be completed by March (at latest), so as to
provide sufficient notice to the community in advance of the election filing period
(sooner would be better). Any revision must be preceded by a public hearing.
4(e)
V. DISCUSSION:
A) Clearly, the continuing population growth requires council action to adjust the
district boundaries to reflect the spirit and letter of state and local law. Consistent
with past direction of council, staff has identified two revision options which will
comply with law and have the least degree of change to existing circumstances
(options A and B).
B) Staff also weighed the notion of "wholesale" change; that is, five equal district
boundaries without respect to residency of current Councilmembers. Though
such an action is favored by staff, it would best wait for the 2013 cycle, due
principally to the fact we do not yet have the 2010 decennial census data. Such
data, given historical patterns, will likely have a substantial influence on the city's
population distribution (particularly in terms of population per household). In
addition, the decennial census data triggers wholesale review and probable
modification of voting precincts county-wide; those changes could also have
substantial influence on the city's council district boundaries, Thus, staff advises
to wait for the decennial census data changes before undertaking the desirable
task of a wholesale change in council districts.
C) ft is recommended that council discuss this matter in general and the two options
in particular. This matter can be carried to the next workshop (12/13/10) and a
January date for public hearing selected and advertized. That schedule would
permit formal action to occur by early February.
1.10.010 NUMBER OF DIVISIONS - EQUAL POPULATION 1N EACH,
The City is divided into five voting districts. Each district shall be as nearly equal in population
as possible; compact as possible; consist of geographically contiguous area; be configured as to
not favor or disfavor any racial group or political party; and to the extent feasible, coincide with
the existing recognized natural boundaries so as to preserve existing communities of related and
mutual interest, (Ord. 3472 Sec. 1, 2001; Ord. 1472 Sec. 1, 1971.)
Ina
050._ 043 037 N
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District Population Est City of Pasco Council Districts
CCUnClI District 1 13,349 -WI Current Districts 2010
'Council District 2 8,208
Council District 3 11,190
Council District 4 13,653
'Council District 5 9,914
Current Council Districts
2010
Precinct Mistrict 1 District 2 District_3 DistrictL 4 District 5 Pop Est 2010
001 _ 4,022 4,022
002 2,128 2,128
003 1,939 1,939
004 2,116 _ 2,116
005 1,685 _ 1,685
006 1,459 1,459
007 1,91b _ 1,910
008 519 519
_009 _ 1,187 1,187
010 964 _ 964
011 882 882
012 1,224 1,224
013 1268 �-_ 1,268
014 849 849
015 1,272 1,272
016 1,217 1,217
017 1,518 1,518
018_ 1,0101 _1,010
019 92.7 927
020 414; 414
021 184 184
022 --- -� - �----- - - .-_ 648
-v$� ----- - ---- 852
024 428 428
025 254 254
026 436 - 436
027 444 -- 444
028 254 2
029 249 249
_030 220 220
031 158 158
032 1,1511 1,151
033 578 578
034 670 670
035 88 88
036 962 962
037 1,256 1,256
038 820 820
039 566 566
040 - 1,700
041 _ __ 334 334
042 _ 894 894
043 901 i 901
044 911 911
045 1,205 1,205
046 1,557 1,557
047 85 85
048 40_ T 455
049_ 5_00�- 500
050 968 968
051 1,189- 1,189
IT 052_ 1' p - -- 1,108
053 1,232 1,232
054 800 80 055 1.051 1,051
056 1,138 1.138
057 623 623
058 72 72
059 1 665, 665
060 2b0 200
OTAL 13,349 8,208 11,190 13,653 ., 9,914 56,314
2,089 -3,052 -70 2,393 4,305 56,314
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District Population Est City of Pasco Council Districts
iCouncil District 2 10,324 New Districts Option "A" "
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Council District 3 11,190
Council District 4 11,621
Council District 5 11 946
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District I Population City of Pasco Council Districts
Council District 2 10701 New Districts Option "B"
Council District 3 10,415
Council District 4 12,076
Council District 5 11,649
AGENDA REPORT NO. 33
FOR: City Council °ti November 12, 2010
TO: Gary crutchlie d,, _.it Tanager
Alunad Qayoudi Works Director
Workshop Mtg.: 11/22/10
FROM: Michael McShane, City Engineer Regular Mtg.: 12/06/10
SUBJECT:ECT: Amendment of 2011-2016 Six-Year Transportation Improvement Plan to include
4`j Avenue Corridor
1. REFERENCES):
I. Vicinity Maps
II. ACTION REQUESTED OF COUNCIL/ STAFF RECOIINIMENDATIONS:
11/22- Discussion
12/06: Conduct Public Hearing
12/06: MOTION: 1 move to approve the amendment to include 4t" Avenue
Corridor to the 201. 1 Six-Year Transportation Improvement
Plan (STII').
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
A) Each year, agencies prepare their Six-Year Transportation Improvement Plan
which is adopted by the end of June yearly. Any changes to the ST1P need to be
presented to City Council for approval,
V. DISCUSSION:
A) The City of Pasco was notified by the Washington State Department of
Transportation that the Federal Highway Administration allocated an additional
$350,000 for the 4"' Avenue Corridor.
B) Staff recominends that 4"' Avenue Corridor Improvements be added to the 2011
Six-Year Transportation hnprovement Plan. 4`t' Avenue Corridor will improve
the roadway and pedestrian facilities from Clark Street to the I-182 interchange,
Funding will consist of 5350,000 from federal enhancement dollars arld $900,000
froth the City's arterial street fund.
C) The north portion of the 4`t' Avenue Corridor Improvements was originally
scheduled for construction in 2010. The project was delayed in order to combine
with the south portion of 4"' Avenue to maximize the enhancement grant
possibilities to the City. As a result, this project ranked #1 in Franklin County.
4(f)
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AGENDA REPORT
TO: City Council $ November 15, 2010
FROM: Gary Crutch-fie anager Workshop Mtg.: 11/22/10
SUBJECT: Internal financing for Kurtzman LID
I. REFERENCE(S):
II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS:
11122: Discussion
1I1. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
A) The city initiated certain street, sidewalk and utility improvements in the
southern-most portion of Kurtzman Park neighborhood last year, under LID 4146.
The construction is complete and the process is underway to complete the
financing arrangements.
B) Typical financing arrangements for an LID involves the sale of LID bonds in the
city's name at a tax exempt interest rate, repayable over a I0-year schedule. In
the case of the Kurtzman Park LID #146, the contribution of more than $275,000
from block grant funds reduces the amount to be "assessed" against the adjacent
benefitting properties to $113,000 (before financing costs are added). When
adjusted to reflect estimated "direct block grant assistance" (federal rules require
the city pay 100% of the assessment of qualified low income homeowners), the
balance to be financed over 10 years is expected to he approximately $60,000.
C) The cost of going through issuance of municipal LID bonds would approximate
$15,000420,000. Absorbing such a cost to finance only $60,000 does not make
sense. One option is to internally finance the LID. In doing so, one of the city's
funds with sufficient cash and long-term horizon can make the 10-year loan
without the additional finance costs.
V. DISCUSSION:
A) In reviewing options with our finance manager, it appears the Old Fire Pension
Fund, and either of the equipment replacement funds (governmental or business)
could snake the loan of approximately $60,000 over a 10-year period without
creating any constraint on the operation of the lending fund. 'The city's LID
guaranty fund and application of state law (property foreclosure) would assure
repayment, so there is virtually no risk in making the loan. The current interest
rate envirorunent for LID bonds (4,0%) would represent a beneficial investment
opportunity for the lending fund as well.
B) Staff has reviewed this item with Foster Pepper, the law firm which provides legal
assistance on our LIDs. They advise this sort of "internal" funding of LIDs is
very common in cities for small LID projects (or ones that have relatively small
balances to be financed). Foster Pepper can provide the necessary legal
documents to satisfy the LID statutes and the state auditor's expectations.
C) Staff requests Council discussion and a general concurrence that internal
financing of LID 4146 is appropriate. If so, staff will proceed accordingly.
4(9)
AGENDA REPORT
TO: City Council November 19, 2010
FROM: Gary Crutchfie �` anager Workshop Mtg.: 11122/10
Regular Mtg.: 12/6/10
SUBJECT: Federal Legislative Consulting Agreement
1, REFERENCE(S).,
1, Proposed Agreement
I1. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS:
11122: Discussion
1216: MOTION: 1 move to approve the agreement with Gordon Thomas Honeywell
Governmental /Affairs for federal legislative consultant services and,
further, authorize the City Manager to sign the agreement.
Ill. FISCAL IMPACT:
$60,000 annually
IV. HISTORY AND FACTS BRIEF:
A) The city has contracted with the consulting firm of Gordon Thomas Honeywell
(GTH) for legislative assistance at the state level for several years. In early 2009,
the city entered into a separate agreement with the Washington DC division of
GTII to provide for legislative consulting services specifically geared to federal
funding for the Lewis Street Overpass Project,
B) The agreement with the Washington DC office will expire on 12/31!10 and a new
agreement is needed to sustain the consulting effort on the city's behalf in
Washington DC.
V. DISCUSSION:
A) The proposed agreement is identical to the 2009 and 2010 agreements, except for
the dates. The scope of work, as identified in the attachment to the agreement,
still focuses on funding for construction of the Lewis Street Overpass project.
B) The expense of the contract remains at $5,000 monthly ($60,000 annually). The
assistance of the consultant was beneficial in 2009 through Representative
Hastings' effort to obtain a $750,000 allocation for the project in the 2010 federal
budget and working with other legislative offices to assure the best opportunity to
have Pasco's project included in the new highway funding bill expected sometime
within the: next 18 months.
C) In view of the substantial financial benefit for this particular project, stall'
recommends the agreement continue for another year.
4(h)
CONSULTING AGREEMENT
GORDON THOMAS HONEYWELL & CITY OF PASCO
This Agreement is entered into by and between City of Pasco and any other party hereto, as is
identified in the consultant's signature block below (hereinafter referred to as "Consultant"),
upon the following terms and conditions:
A. Scope of Work. Consultant will advise and assist the City of Pasco in accordance with
Consultant's Scope of Work, described in Attachment "A" hereto and incorporated herein,
and Consultant will do and produce such other things as are set forth in the Scope of Work
(the "Services"). Consultant's Services will be in compliance with applicable laws,
regulations, rules, orders, licenses and permits, now or hereinafter in effect, and Consultant
shall furnish such documents as may be required to effect or evidence such compliance.
B. Compensation; Expenses. The City of Pasco will pay Consultant for satisfactorily
rendered Services in accordance with the specific terms set forth in Attachment "A,"
C. Invoices; Payment. Consultant will furnish the City of Pasco invoices at regular intervals,
as set forth in Attachment "A,"
D. Term. Consultant shall promptly begin the Services hereunder on the date set forth in
Attachment "A" and shall terminate same on the date set forth in Attachment "A." The
City or Consultant may terminate Consultant services for convenience at any time prior to
the termination date set forth in Attachment "A," provided that the terminating party
provides 30-days written notice to the other party.
E. Ownership of Work Product. The product of all work performed under this agreement,
including reports, and other related materials shall be the property of the City of Pasco or
its nominees, and the City of Pasco or its nominees shall have the sole right to use, sell,
license. publish or otherwise disseminate or transfer rights in such work product.
G. Independent Contractor. Consultant is an independent contractor and nothing contained
herein shall be deemed to make Consultant an employee of the City of Pasco, or to
empower Consultant to bind or obligate the City of Pasco in any way. Consultant is solely
responsible for paying all of Consultant's own tax oblieations, as well as those due for any
employee/subcontractor permitted to work for Consultant hereunder.
H. Release of Claims; Indemnity. Consultant hereby releases, and shall defend, indemnify
and hold harmless the City of Pasco from and against all claims, liabilities, damages and
costs arising directly or indirectly out of, or related to, Consultant's fault, negligence, strict
tp
liability or produce liability of Consultant, and/or that of any permitted employee or
subcontract or Consultant, pertaining,to the Services hereunder.
1. Assignment. Consultant's rights and obligations hereunder shall not be assigned or
transferred without the City of Pasco's prior written consent; subject thereto, this
Agreement shall be binding upon and inure to the benefit of the parties' heirs and
successors.
J. Governing Law, Severability. This Agreement shall be governed by the laws of the State
of Washington, U.S.A. (excluding conflict of laws provisions). If any term or provision of
this Agreement is determined to be legally invalid or unenforceable by a court with lawful
jurisdiction hereover (excluding arbitrators), such term or provision shall not affect the
validity or enforceability of any remaining terms or provisions of this Agreement, and the
court shall, so far as possible, construe the invalid portion to 'implement the original intent
thereof',
K. Arbitration. Any dispute between the parties related to or arising out of the subject matter
of this Agreement shall be resolved exclusively through binding arbitration under the
Commercial Arbitration Rules of the American Arbitration Association in Washington
State.
L. Entire Agreement; Etc. This Agreement, and its incorporated attachments hereto, state the
entire agreement between the parties regarding the subject matter hereof and supersede any
prior agreements or understandings pertaining thereto. Any modification to this Agreement
must be made in writing and signed by authorized representatives of both parties. Any
provision hereof which may be reasonably deemed to survive the expiration or termination
of this Agreement shall so survive, and remain in continuing effect. No delay or failure in
exercising any right hereunder shall be deemed to constitute a waiver of any right granted
hereunder or at law by either party.
CONSULTANT: CITY OF PASC.O
Gordon Thomas Honeywell
Governmental Affairs
Sign: Sign:
Print: Dale Learn Print: Gary Crutchfield
Title: Vice President Title: City Manager
Date: Date:
Consulting Agreement for federal Grants re: Lewis Street Overpass
Gordon Thomas Honeywell & City of Pasco
Page 2 of 3
ATTACHMENT "A" TO
CONSULTING AGREEMENT
GORDON THOMAS HONEYWELL & CITY OF PASCO
A. Scope of Work: Consultant shall provide the City of :Masco with the following federal
governmental affair services:
Identify and track all 'federal grants that are available to the City of Pasco for Funding
the Lewis Street Overpass.
0 Lobby the Washington State Congressional delegation and others as necessary to
pursue a congressionally directed transportation funding request in the FY2012
Congressional Budget and/or in the anticipated highway reauthorization bill for a
road project related to the Lewis Street Ovcrpass.
• Lobby the Washington State Congressional delegation and others as necessary to
assure inclusion within the Highway Reauthorization Bill authorization and funding
for a "bridge replacement program" or similar funding program for which the Lewis
Street Overpass Project would qualify.
• Organize meetings for City of Pasco officials, local community leaders and business
leaders to support the congressional transportation request.
0 Provide the City of Pasco with periodic reports and updates on effort, status and
progress.
B. Compensation/Expenses: The City of Pasco shall pay Consultant a monthly fee of S5,000
for the services listed above_ Consultant shall only bill communication expenses. The
expenses shall not exceed $2,500 for the term of the contract.
C. Invoices/Payments: (a) Consultant shall furnish the City of Pasco with invoices for
services performed on a monthly basis, and (b) the City of Pasco shall pay each of
Consultant's invoices within thirty (30) days after the City's receipt and verification of
invoice.
D. Term of Agreement: Consultant's services shall commence on January 1, 2011 and shall
terminate on December 31, 2011.
Consulting Agreement for Federal Grants re: Lewis Street Overpass
Gordon 1"homas Honeywell & City of Pasco
Page 3 of 3
AGENDA REPORT
TO: City Council November 19, 2010
FROM: Gary Crutchfie Manager Workshop Mtg.: 11!22/10
Regular Mtg,; 12/6110
SUBJECT; Rental Inspection Services for Richland
I. REFERENCE(S):
1. Richland Resolution No. 76-10
H. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS,
91/22: Discussion
12/6: MOTION: 1 move to approve Resolution No. authorizing the City
Manager to negotiate and enter into an employee services
agreement cN ith the City of Richland for rental inspection services.
III. FISCAL INIPACT:
IV. HISTORY AND FACTS BRIEF:
A) The City of Pasco has operated its own rental inspection program since 1998.
The city has three code enforcement officers, all of which arc trained in rental
inspection standards and requirements.
B) The City of Richland recently received a federal grant to conduct a "pilot project"
Uf rental inspections in a targeted area of Richland; the purpose of the project is to
evaluate whether or not the city wishes to establish an on-going rental inspection
program, similar to the Pasco program.
C) Richland has evaluated its options for the conduct of the pilot project and has
concluded that its interest would be best served by contracting with Pasco to
utilia: experienced inspectors for the rental inspection pilot program. The City of
Pasco has the ability to provide the inspection services on a short-term basis (90
days), and the Richland grant provides the funding necessary to adequately
reimburse the City of Pasco for its expenses in providing the services to Richland.
V. DISCUSSION:
A) The Richland City Council approved Resolution No. 76-10 at its November 16
meeting, authorizing its City Manager to negotiate and enter into an agreement
with Pasco to provide for inspection services. As the intent of the effort is to best
utilize existing public resources and that both agencies would be financially
whole in the process, staff recommends Council authorize the City Manager to
likewise negotiate and enter into the agreement contemplated and desired by
Richland, with the understanding that Pasco's costs will be fully covered by the
agreement.
B) With Council concurrence, staff will prepare the necessary resolution for formal
action on December 6.
4(i)
RESOLUTION NO. 76-10
A RESOLUTION OF THE CITY OF RICHLAND
authorizing the City Manager to negotiate and enter into an
employee services agreement with the City of Pasco for
inspector services.
WHEREAS, Richland maintains an organized inspection program and Pasco
maintains an organized inspection program, and
WHEREAS, it has been determined by each of the Parties hereto that it would be
in the best interests of the citizens of the respective jurisdictions, and of mutual benefit
to the delivery of inspection services, if, in some circumstances, the services of one City
be extended outside corporate limits of that City into another; and
WHEREAS, the Parties desire to enter into an Employee Services agreement,
wherein Pasco will provide Inspector services to Richland.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF RICHLAND, WASHINGTON that the City Manager is authorized to negotiate and
enter into an employee services agreement with the City of Pasco for inspector
services.
BE IT FURTHER RESOLVED that this resolution shall take effect immediately.
ADOPTED by the City Council of the City of Richland at a regular meeting on the
16�" day of November, 2010,
(Signatures on following page)
JOHN FOX
Mayor
ATTEST: APPROVED AS TO FORM:
DEBRA C. BARHAM, CMC THOMAS O. LAMPSON
Chief Deputy City Clerk City Attorney
Adopted 11;16110 1 Resolution No. 76-10