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2021.09.07 Council Meeting Packet
AGENDA City Council Regular Meeting 7:00 PM - Tuesday, September 7, 2021 City Council Chambers & GoToWebinar Page 1. MEETING INSTRUCTIONS for REMOTE ACCESS - Governor Inslee's Heathy Washington - Roadmap to Recovery, Phase 3 made in response to the COVID-19 emergency, currently allows for partial "in-person" meetings. Members of the public wishing to attend City Council meetings in-person will need to follow the Governor's protocol outlined in Proclamation No. 20-28.15. Individuals, who would like to provide public comment remotely, may continue to do so by filling out the online form via the City’s website (www.pasco- wa.gov/publiccomment) to obtain access information to comment. Requests to comment in meetings must be received by 4:00 p.m. on the day of each meeting. To listen to the meeting via phone, call (213) 929-4212 and use access code 398-399-253. City Council meetings are broadcast live on PSC-TV Channel 191 on Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco- wa.gov/psctvlive and on the City’s Facebook page at www.facebook.com/cityofPasco. 2. CALL TO ORDER 3. ROLL CALL (a) Pledge of Allegiance 4. CONSENT AGENDA - All items listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by roll call vote as one motion (in the form listed below). There will be no separate discussion of these items. If further discussion is desired by Council members or the public, the item may be removed from the Consent Agenda to the Regular Agenda and considered separately. 6 - 17 (a) Approval of Meeting Minutes Page 1 of 280 To approve the minutes of the Pasco City Coun cil Meeting held on August 16, 2021 and Workshop held on August 23, 2021. 18 - 19 (b) Bills and Communications To approve claims in the total amount of $6,696,281.15 ($3,685,149.31 in Check Nos. 243384-243737; $1,171,150.61 in Electronic Transfer Nos. 832707-832711, 832720-832762, 832766-832824, 832836- 832839, 832846-832884, 832887-833026, 833069-833072; $32,568.42 in Check Nos. 53711-53741; $1,807,286.53 in Electronic Transfer Nos. 30164560-30165691; $126.28 in Electronic Transfer Nos. 817). 20 - 24 (c) Ordinance - Budget Adjustment for COVID-19 Activity Grants To adopt Ordinance No. 4545, amending the 2021-2022 Biennial Operation Budget of the City of Pasco, Washington by providing supplement thereto; to provide additional appropriation in the City's General Fund and Ambulance Fund for COVID-19 related activity, and further, authorize publication by summary only. 25 - 38 (d) 2022 Community Development Block Grant (CDBG) Annual Work Plan and Allocations (MF#BGAP 2021-003) To approve Resolution No. 4087, approving the Program Year 2022 Community Development Block Grant Allocations and Annual Work Plan. 39 - 45 (e) 2022 HOME Annual Work Plan and Allocation (MF# BGAP 2021- 004) To approve Resolution No. 4088, approving the Federal 2022 HOME Annual Work Plan and Allocation. 46 - 61 (f) Resolution - Change Order No. 2 to Columbia East Force Main Project To approve Resolution No. 4089, authorizing the City Manager to execute Change Order No. 2 to the construction contract with DW Excavating, Inc. for the Columbia East Force Main project; contingent upon change order approval by our funding partner, the U.S. Economic Development Administration. 62 - 64 (g) Downtown Pasco Development Authority Board Appointment To confirm the Mayor's appointment of Thomas Granbois to Position No. 1 on the Downtown Pasco Development Authority Board, with the term effective September 7, 2021 to December 20, 2023. 65 - 67 (h) Pasco Public Facilities District Board Reappointment Page 2 of 280 To confirm the Mayor's reappointment of Spencer Jilek to the Pasco Public Facilities District Board to Position No. 3 with a term expiring on July 14, 2025. (RC) MOTION: I move to approve the Consent Agenda as read. 5. PROCLAMATIONS AND ACKNOWLEDGEMENTS 6. VISITORS - OTHER THAN AGENDA ITEMS - This item is provided to allow citizens the opportunity to bring items to the attention of the City Council or to express an opinion on an issue. Its purpose is not to provide a venue for debate or for the posing of questions with the expectation of an i mmediate response. Some questions require consideration by Council over time and after a deliberative process with input from a number of different sources; some questions are best directed to staff members who have access to specific information. Citizen comments will normally be limited to three minutes each by the Mayor. Those with lengthy messages are invited to summarize their comments and/or submit written information for consideration by the Council outside of formal meetings. 7. REPORTS FROM COMMITTEES AND/OR OFFICERS (a) Verbal Reports from Councilmembers 68 - 73 (b) General Fund Monthly Report - July 2021 8. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO 74 - 90 (a) Continued Public Hearing and Ordinance - Cox Family Land LLC Annexation (ANX 2021-001) CONTINUED PUBLIC HEARING (OPENED AT 8.16.2021 COUNCIL MEETING) MOTION: I move to adopt Ordinance No. 4546, relating to annexation and annexing certain real property to the City of Pasco, and further, authorize publication by summary only. 91 - 99 (b) Q Public Hearing - Ordinance for Street Vacation: Portion of Rainier Ave. - Big Apple Travel Stop (VAC 2021-002) CONDUCT A PUBLIC HEARING MOTION: I move to adopt Ordinance No.4547, vacating a portion of Rainier Avenue, and further, authorize publication by summary only. 9. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS Page 3 of 280 100 - 131 (a) Q Ordinance - Cox Family Land LLC Zoning Determination (ZD 2021-001) MOTION: I move to adopt Ordinance No. 4548, assigning I-1 zoning to the Cox Family Land LLC annexation area as recommended by the Hearing Examiner, and further, authorize publication by summary only. 132 - 146 (b) Ordinance - PMC Addition - Wheeled All-Terrain Vehicles (WATV) MOTION: I move to adopt Ordinance No. 4549, creating a new Chapter 10.100 "Wheeled All-Terrain Vehicles" within the Pasco Municipal Code and, further, authorize publication by summary only. 147 - 186 (c) *Q Ordinance - Columbia Riverwalk Apartments properties R-3 and I-1 to R-4 (Z 2021-009) MOTION: I move to adopt Ordinance No. 4550, rezoning Lots 1 through 6 of Short Plat 2020-29, records of Franklin County, Washington from R-3 and I-1 to R-4. 187 - 224 (d) *Q Ordinance - Bedford Street Duplex C-1 to R-4 (Z 2021-010) MOTION: I move to adopt Ordinance No. ______, rezoning Lots 4 through 7 of Binding Site Plan 2002-05, records of Franklin County, Washington; from C-1 to R-4. 225 - 262 (e) Resolution - Sun Willows Golf Course Ground Lease with CourseCo MOTION: I move to approve Resolution No. 4090, approving the lease agreement with Sun Willows Pasco Golf LLC, for the professional management and operation of Sun Willows Golf Course. 263 - 274 (f) *Resolution - Interlocal Agreement for the Quad-City Stormwater Grant Application MOTION: I move to approve Resolution No. 4091, authorizing the City Manager to execute an Interlocal Agreement between the Cities of Kennewick, Richland, Pasco, and West Richland for the administration and funding of the Quad-City Stormwater Effectiveness Study and Water Quality Stormwater Grant application. 10. UNFINISHED BUSINESS 11. NEW BUSINESS 12. MISCELLANEOUS DISCUSSION 13. EXECUTIVE SESSION 14. ADJOURNMENT Page 4 of 280 15. ADDITIONAL NOTES (a) (RC) Roll Call Vote Required * Item not previously discussed Q Quasi-Judicial Matter MF# “Master File #....” 275 - 280 (b) Adopted 2020-2021 Council Goals (Reference Only) (c) REMINDERS • Thursday, September 9, 7:00 PM: Ben Franklin Transit Board Meeting – Transit Facility (COUNCILMEMBER RUBEN ALVARADO, Rep.; COUNCILMEMBER ZAHRA ROACH, Alt.) This meeting is broadcast live on PSC-TV Channel 191 on Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco-wa.gov/psctvlive. Audio equipment available for the hearing impaired; contact the Clerk for assistance. Servicio de intérprete puede estar disponible con aviso. Por favor avisa la Secretaria Municipal dos días antes para garantizar la disponibilidad. (Spanish language interpreter service may be provided upon request. Please provide two business day's notice to the City Clerk to ensure availability.) Page 5 of 280 AGENDA REPORT FOR: City Council September 1, 2021 TO: Dave Zabell, City Manager City Council Regular Meeting: 9/7/21 FROM: Debby Barham, City Clerk Administrative & Community Services SUBJECT: Approval of Meeting Minutes I. REFERENCE(S): 8.16.21 & 8.23.21 Draft Council Minutes II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve the minutes of the Pasco City Coun cil Meeting held on August 16, 2021 and Workshop held on August 23, 2021. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 6 of 280 MINUTES City Council Regular Meeting 7:00 PM - Monday, August 16, 2021 City Council Chambers & GoToWebinar CALL TO ORDER The meeting was called to order at 7:00 PM by Saul Martinez, Mayor. ROLL CALL Councilmembers present: Blanche Barajas, Craig Maloney, Saul Martinez, David Milne, Zahra Roach, and Pete Serrano. Councilmembers absent: Ruben Alvarado. Staff present: Dave Zabell, City Manager; Adam Lincoln, Deputy City Manager; Colleen Chapin, Human Resources Director; Eric Ferguson, City Attorney; Bob Gear, Fire Chief; Zach Ratkai, Administrative & Community Services Director; Ken Roske, Police Chief; Richa Sigdel, Finance Director; Rick White, Community & Economic Development Director; Steve Worley, Public Works Director; and Debby Barham, City Clerk. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA Approval of Meeting Minutes To approve the minutes of the Pasco City Council Meeting held on August 2, 2021, and Special Meeting & Workshop held on August 9, 2021. Bills and Communications To approve claims in the total amount of $4,747,563.04 ($2,406,539.10 in Check Nos. 243155-243383; $1,376,480.97 in Electronic Transfer Nos. 832764-832765, 832827-832835, 832840-832842, 832845, 832885; $23,291.80 in Check Nos. 53689-53710; $941,241.17 in Electronic Page 1 of 6Page 7 of 280 Transfer Nos. 30164003-30164559; $10.00 in Electronic Transfer Nos. 816). To approve bad debt write-off for Utility Billing, Ambulance, Cemetery, General Accounts, Miscellaneous Accounts, and Municipal Court (non - criminal, criminal, and parking) accounts receivable in the total amount of $214,674.37 and, of that amount, authorize $0.00 to be turned over for collection. Resolution - Amendment No. 2 to Interlocal Agreement with Port of Pasco for Argent Road Project To approve Resolution No. 4086, authorizing the City Manager to execute Amendment No. 2 for the Interlocal Agreement (ILA) with the Port of Pasco (Port) relating to the Argent Road project. Reapprove Resolution - American Rescue Plan Act (ARPA) Funds for Utility Assistance Program & Agreement with Basin Disposal Inc. To reapprove Resolution No. 4085, approving an agreement with the Basin Disposal Inc. of Franklin County for the Utility Assistance Program with American Rescue Plan Act funds. Reappointment to the Tri-City Regional Hotel/Motel Commission To confirm the reappointment of Monica Hammerberg (Hampton Inn & Suites) to the Tri-City Regional Hotel/Motel Commission for a two-year term commencing on September 1, 2021 and ending August 31, 2023. (RC) MOTION: Mayor Pro Tem Barajas moved to approve the Consent Agenda as read. Mr. Serrano seconded. Motion carried unanimously by Roll Call vote. VISITORS - OTHER THAN AGENDA ITEMS Mr. Simmons, Pasco resident, commented on the Benton Franklin Health Department Meeting held recently and requested Council to promote personal choice for each one to decide to vaccinate or not. Mr. Dockstader, Desert Hills Realty owner and Franklin County resident, expressed concern about the increase of another 50,000 people within Pasco and the traffic impact associated with it. He recommended another east-west roadway for moving traffic. He also recommended a new sewer plant near the Pasco Airport. Lastly, he suggested that Clark Road become a major arterial with an overpass over the railroad tracks. Mr. Bauman, Franklin County resident, also commented on transportation issues within Pasco and across the greater Tri-Cities area. Page 2 of 6Page 8 of 280 REPORTS FROM COMMITTEES AND/OR OFFICERS Verbal Reports from Councilmembers Mayor Martinez commented on the news media conference held on Friday, August 13, 2021, regarding minimizing the spread of COVID-19 virus. Mayor Pro Tem Barajas commented on a ribbon cutting event for the new Costa Vida Restaurant located near Road 68, which was held earlier in the day. Ms. Roach also commented on a ribbon cutting event for a new business, Merit Resource Services, which was held on Friday, August 13, 2021. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO Public Hearing and Ordinance - Cox Family Land LLC Annexation Mr. White requested that Council open and then continue the scheduled public hearing to the next regular City Council meeting. Mayor Martinez opened the public hearing for the Cox Family Land LLC Annexation at 7:20 PM. MOTION: Mayor Martinez moved to continue the scheduled public hearing on the proposed annexation to the next regular City Council meeting scheduled for September 7, 2021. Mr. Milne seconded. Motion carried unanimously. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS Ordinance - Broadmoor Properties LLC Rezone RT to C‐1 (Z 2021‐ 006) Mr. White provided a brief overview of the proposed rezone for Broadmoor Properties. Council and staff briefly discussed the proposed rezone. MOTION: Mayor Pro Tem Barajas moved to adopt Ordinance No. 4542, rezoning the north 600 feet of Lots 4 & 5 of Record Survey No. 1932652 from RT to C-1, and further, authorize publication by summary only. Mr. Maloney seconded. Motion carried unanimously. Page 3 of 6Page 9 of 280 Ordinance - LFRE Fielding Midland Lane Rezone C-1 to R-4 (Z 2021- 007) Mr. White provided a brief report on the proposed rezone for LFRE Fielding Midland Lane. Mr. Serrano expressed concern about the proposed rezoning of this property. Council and staff briefly discussed the proposed rezone, noting that this was a quasi-judicial action. Mr. Ferguson asked Council if each Councilmember would disclose if they had any communications with individuals regarding this matter and if they felt they would need to recuse themselves from participating in the action for the proposed rezone. Other than Mr. Serrano, no Councilmembers had communications with anyone regarding this proposed rezone. Mr. Serrano announced that he received some emails from a resident who was opposed to the rezone due to the high density housing; however, stated that it did not influence his ability to vote on this matter. Mr. Fielding, owner of property, was requesting the two (2) rezones for this property and another property detailed in the following agenda report. Mr. Fielding stated that there is a need for high-density housing for those individuals that have limited income to purchase a residence. He noted the plans to meet the City's requirements to mitigate any negative impacts related to high-density housing within the surrounding area. MOTION: Mayor Pro Tem Barajas moved to adopt Ordinance No. 4543, rezoning Lots 12, 13, and 14 of Binding Site Plan 2002 -005 from C-1 to R-4, and further, authorize publication by summary only. Ms. Roach seconded. Motion carried 5 to 1. Mr. Serrano opposed the motion. Ordinance - LFRE Fielding Road 92 Rezone C-1 to R-4 (Z 2021-008) Mr. White provided a brief report on the proposed rezone for LFRE Fielding Midland Lane. Mr. Ferguson asked Council if any Councilmembers had contact with anyone regarding this quasi-judicial issue. Mr. Serrano stated that he had a brief communication with an individual; however, he did not believe it would impair his judgement and could be fair and impartial. MOTION: Mayor Pro Tem Barajas moved to adopt Ordinance No. 4544, rezoning Lot 22, Cole's Estates; in the NW 1/4 of Section 8, Township 9 North, Range 29 East, Willamette Meridian, Pasco, Franklin County, Washington, from C-1 to R-4 and further, authorize publication by summary only. Ms. Roach seconded. Motion carried by 5-1. Mr. Serrano opposed the motion. Page 4 of 6Page 10 of 280 UNFINISHED BUSINESS Danilyuk Short Plat Sewer Service Requirement Appeal (APPL 2021- 001) Continued from July 19, 2021 Council Meeting The appeal hearing for the Danilyuk Short Plat sewer service requirement was continued and Mr. White provided an update to Council noting the possibility of connecting the City sewer system through the City's property where the new Fire Station is earmarked to be built on Road 100. This would shorten the sewer connection to the appellant's property, also noting that if the sewer was extended through the City's property, the appellants would still need to secure a short easement through some privately owned property to connect with their property. Mr. White stated that if Council denied the sewer waiver appeal at this time, then staff would return with a Resolution detailing the findings of Council's denial. Council and staff discussion ensued regarding the issue and at the conclusion of the discussion, Council agreed to continue the appeal to the September 20 Council meeting to allow time for the appellants an opportunity to obtain an easement with the private property owner for their specific property and time for staff to prepare action for budget authority to extend sewer on the City's property to the appellants property and future sewer connections along Road 96. MOTION: Mayor Pro Tem Barajas moved to continue the the Short Plat sewer waiver appeal to the September 20, 2021 Council Meeting. Mr. Maloney Motion carried unanimously. MISCELLANEOUS DISCUSSION Mr. Zabell asked Finance Director Sigdel to provide an update with the American Recovery Plan Act (ARPA) funding update and Ms. Sigdel reported on the current funding programs using the ARPA funding. Mr. Zabell noted that Franklin County received an appeal for the City's Urban Growth Area and Mr. Ferguson provided a brief update regarding the status of the appeal and provided some key upcoming dates for the appeal. Mr. Maloney asked staff for a status of the deferred fines and fees information he requested some time ago. He also commented on the concern, voiced during the Public Comment period, regarding traffic issues as the population growth occurs and asked that staff present an overview of the City's the long term plan related to the future growth and how the City will address the traffic impact mitigation. Page 5 of 6Page 11 of 280 Mr. Zabell noted that the Traffic System Master Plan, which is part of the City's Comprehensive Plan, will be coming forward to Council in late September or early October 2021. ADJOURNMENT There being no further business, the meeting was adjourned at 8:24 PM. PASSED and APPROVED this ____ day of ________________, 20__. APPROVED: ATTEST: Saul Martinez, Mayor Debra Barham, City Clerk Page 6 of 6Page 12 of 280 MINUTES City Council Workshop Meeting 7:00 PM - Monday, August 23, 2021 City Council Chambers & GoToWebinar CALL TO ORDER The meeting was called to order at 7:00 PM by Saul Martinez, Mayor. ROLL CALL Councilmembers present: Ruben Alvarado, Blanche Barajas, Craig Maloney, Saul Martinez, David Milne, and Pete Serrano. Councilmembers absent: Zahra Roach. Staff present: Dave Zabell, City Manager; Adam Lincoln, Deputy City Manager; Craig Briggs, Acting City Attorney; Bob Gear, Fire Chief; Zach Ratkai, Administrative & Community Services Director; Ken Roske, Police Chief; Richa Sigdel, Finance Director; Rick White, Community & Economic Development Director; Steve Worley, Public Works Director; Deputy Fire Chief Dunbar, and Debby Barham, City Clerk. The meeting was opened with the Pledge of Allegiance. ITEMS FOR DISCUSSION Broadband Access within City Limits Ms. Sigdel introduced Scott Rhees, General Manager and Ben Hooper, Broadband Services Manager, with Franklin Public Utility District (Franklin PUD). Mr. Rhees and Mr. Hooper updated Council regarding Franklin PUD's broadband infrastructure within Pasco City limits. Mr. Hopper provided a brief history of Franklin PUD's development of broadband fiber, noting a large spike in broadband usage in 2020, largely due to the COVID-19 pandemic. Mr. Hooper listed the internet providers within Pasco and discussed concerns related to broadband availability throughout the City of Pasco, as well as other areas in Franklin County. Page 1 of 5Page 13 of 280 Discussion continued between Council, Mr. Rhees and Mr. Hooper regarding the need to have access to broadband fiber throughout the City, as well as ensuring that the areas where new development is occurring, that the broadband infrastructure is built at the same time as the properties are developed. Update American Rescue Plan Act (ARPA) Ms. Sigdel provided an update related to the American Rescue Plan Act (ARPA) funding the City of Pasco has received noting that funding has been allocated to four (4) programs at this time. She commented on the status of the other programs and new staff positions detailed on the ARPA List provided in the agenda report. Council and staff discussion ensued regarding the Community Resource Specialist position, the outreach efforts made to date, the proposed Community Health Program administered by the Pasco Fire Department and the possibility of supporting a Trades Training Program administered through Columbia Basin College (CBC). Ordinance - PMC Amendment: Street Connectivity (MF#CA2019-013) Mr. White introduced Planning Manager Gonzales who provided a comprehensive update to the proposed amendments to the street connectivity regulations within the Pasco Municipal Code (PMC). Council and staff held a question and answer period regarding the proposed PMC amendments, which included: • Statistics from Home Builders Association on development costs, while keeping streets connectivity accessible for many modes of transportation • Walkability issues in the western side of the City • Recommended that some of the community's issues be remanded back to the Planning Commission where the Commission can dig a little deeper to address those community's concerns • Discussion regarding the balance and collaboration with the local developers and the City related to streets connectivity and the ability to provide affordable housing • Amendments to the street connectivity regulations are part of Council's goals At the conclusion of the discussion, Mr. Zabell stated that this topic will be returned to the Planning Commission affording the opportunity for outside entities such as the Home Builders Association to provide proposals to refine the PMC updates to the street connectivity regulations. Page 2 of 5Page 14 of 280 Impacts of COVID-19 on the Pasco Fire Department Deputy Fire Chief Dunbar provided a report on the impacts the Pasco Fire Department continues to experience specific to the on -going COVID-19 pandemic and recent spike in cases due to the delta variant of the virus. National Community Survey Mr. Zabell provided a brief history of the National Community Survey conducted every two years. He noted that it is a standardized survey, which has changed over the years to meet with the needs of the current issues facing the City. He noted that it is an important tool, which contributes to the development of Council's Biennial Goals. Lastly, Mr. Zabell stated the list of potential personalized questions will be brought back to Council at a Workshop in September 2021 for Council to review and narrow down to three (3) questions, which is allowed in the National Survey for no additional cost. Council provided the following topics for the survey questions: • The sale of Marijuana within the City of Pasco replacing the previous industry recruitment question • Affordable and accessibility housing Mr. Zabell reminded Council that besides conducting the National Community Survey, the City holds three community meetings, one which is focused Businesses and two focused on Community residents to help Council establish their Biennial Goals. Resolution - 2022 Community Development Block Grant (CDBG) Annual Work Plan and Allocations Mr. White provided a brief overview of the 2022 CDBG Annual Work Plan and proposed allocations. He recommended that Council approve the plan and proposed allocations at the next Council business meeting. Resolution - 2022 HOME Annual Work Plan and Allocation (MF# BGAP 2021-004) Mr. White provided a brief overview of the 2022 HOME Consortium's Annual Work Plan and proposed allocation. He recommended that Council approve the plan and proposed allocation at the next Council business meeting. 2021-2022 Biennium Financial Update Ms. Sigdel provided a brief report related to the current financial status of the 2021-2022 Biennial Budget. Page 3 of 5Page 15 of 280 Resolution - Change Order No. 2 to Columbia East Force Main Project Mr. Worley introduced Senior Civil Engineer Padvorac who provided a brief report on the proposed Change Order No. 2 for the Columbia East Force Main Project. Mr. Worley noted that the U.S. Economic Development Administration reimbursement for a portion of the change order. Council discussion ensued regarding the change order and the recent rejection of another contract. MISCELLANEOUS COUNCIL DISCUSSION Mr. Zabell announced the next Movies in the Park event was scheduled for Friday, August 27th at Memorial Park and a pop -up COVID-19 Vaccination Site will also be at the park that evening. Memorial Pool will close for the season on August 30th and August 31st is the Annual Dog Swim Day event. Mr. Zabell announced that the City of Pasco's Finance Department received the "Distinguished Budget" award from the Government Finance Officers Association for the second year. He express pride in the work the staff has accomplished over the past years to receive this prestigious award again. Mayor Martinez presented the award to the Finance Department Team, which included: Finance Director Sigdel, Finance Manager Buckley, Lead Accountant Garcia, Staff Accountant Conn, Staff Accountant Moreno, Staff Accountant Sandland and Administrative Assistant II Andaya. Mayor Martinez expressed appreciation to the Team for their efforts in receiving this award. Mayor Pro Tem also congratulated the Finance Department Team for their work in receiving this award. Mayor Martinez commented on a recent meetin g that he and City Manager Zabell participated in with the Human Resources Director and Diversity & Inclusivity Director from Darigold Agriculture Company making note of the business and industrial grown that is occurring within the City. Mayor Martinez encouraged community members to ask questions to the Benton Franklin Health District staff regarding benefits of COVID -19 vaccinations in the fight against the increasing number of cases of the coronavirus within the community. He also noted that Pfizer's COVID-19 vaccination is now FDA approved. Page 4 of 5Page 16 of 280 ADJOURNMENT There being no further business, the meeting was adjourned at 9:20 PM. PASSED and APPROVED this __ day of ________________, 20__. APPROVED: ATTEST: Saul Martinez, Mayor Debra Barham, City Clerk Page 5 of 5Page 17 of 280 AGENDA REPORT FOR: City Council September 2, 2021 TO: Dave Zabell, City Manager City Council Regular Meeting: 9/7/21 FROM: Richa Sigdel, Finance Director Finance SUBJECT: Bills and Communications I. REFERENCE(S): Accounts Payable 09.07.21 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve claims in the total amount of $6,696,281.15 ($3,685,149.31 in Check Nos. 243384-832707Nos. Transfer $1,171,150.61 in 243737; Electronic - 832711, 832720-832762, 832766-832824, 832836-832839, 832846-832884, 832887-833026, 833069-833072; $32,568.42 in Check Nos. 53711-53741; $1,807,286.53 in Electronic Transfer Nos. 30164560-30165691; $126.28 in Electronic Transfer Nos. 817). III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 18 of 280 REPORTING PERIOD: September 7, 2021 Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined Check Numbers 243384-243737 53711-53741 Total Check Amount $3,685,149.31 $32,568.42 Total Checks 3,717,717.73$ Electronic Transfer Numbers 832707-832711 30164560-30165691 817 832720-832762 832766-832824 832836-832839 832846-832884 832887-833026 833069-833072 Total EFT Amount $1,171,150.61 $1,807,286.53 $126.28 $0.00 Total EFTs 2,978,563.42$ Grand Total 6,696,281.15$ Councilmember 1,097,448.90 7,538.36 599.08 295.00 1,307.04 51,891.86 13,881.89 2,385.30 66,398.66 686.46 1,617.39 0.00 636.81 55,352.74 94.96 5,333.84 29,664.59 0.00 HOTEL/MOTEL EXCISE TAX 12,361.96 0.00 527,480.66 1,494,391.93 44,827.38 0.00 445,998.71 0.00 354,032.03 8,003.48 2,474,052.12 GRAND TOTAL ALL FUNDS:6,696,281.15$ EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL EQUIPMENT RENTAL - REPLACEMENT BUSINESS MEDICAL/DENTAL INSURANCE FLEX PAYROLL CLEARING EQUIPMENT RENTAL - OPERATING BUSINESS SPECIAL ASSESSMENT LODGING LITTER ABATEMENT REVOLVING ABATEMENT ECONOMIC DEVELOPMENT STADIUM/CONVENTION CENTER LID GENERAL CAP PROJECT CONSTRUCTION UTILITY, WATER/SEWER EQUIPMENT RENTAL - OPERATING GOVERNMENTAL RIVERSHORE TRAIL & MARINA MAIN C.D. BLOCK GRANT HOME CONSORTIUM GRANT MARTIN LUTHER KING COMMUNITY CENTER AMBULANCE SERVICE CEMETERY ATHLETIC PROGRAMS GOLF COURSE SENIOR CENTER OPERATING MULTI-MODAL FACILITY SCHOOL IMPACT FEES City of Pasco, Franklin County, Washington We, the undersigned, do hereby certify under penalty of perjury the materials have been furnished, the services rendered or the labor performed as described herein and the claim is a just, due and unpaid obligation against the city and we are authorized to authenticate and certify to such claim. Dave Zabell, City Manager Darcy Buckley, Finance Manager We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this 7th day of September, 2021 that the merchandise or services hereinafter specified have been received and are approved for payment: Councilmember SUMMARY OF CLAIMS BY FUND: GENERAL FUND STREET The City Council August 12 - September 1, 2021 C I T Y O F P A S C O Council Meeting of: Accounts Payable Approved Page 19 of 280 AGENDA REPORT FOR: City Council September 2, 2021 TO: Dave Zabell, City Manager City Council Regular Meeting: 9/7/21 FROM: Richa Sigdel, Director Finance SUBJECT: Ordinance - Budget Adjustment for COVID-19 Activity Grants I. REFERENCE(S): Ordinance Grant Activity Breakdown II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No. ____, amending the 2021 -2022 Biennial Operation Budget of the City of Pasco, Washington by providing supplement thereto; to provide additional appropriation in the City's General Fund and Ambulance Fund for COVID-19 related activity, and further, authorize publication by summary only. III. FISCAL IMPACT: CBC Vaccination Site (Funded by BFHD): $140,000 CBC Testing Site (Funded by BFHD): $1,715,000 Benton Franklin Vaccination Site (Funded by Washington State Department of Health): $802,111 American Rescue Act Funds (Funded by United States Department of Treasury): $8,732,156 Net Impact to the City is $0. IV. HISTORY AND FACTS BRIEF: In order to adequately combat the COVID-19 pandemic, the City of Pasco has led various vaccination and testing programs for the greater Tri-Cities community. The City has also received a portion of the American Rescue Plan Act (ARPA) Funds from the United States Department of Treasury to assist the government and the community recover from the negative impacts of the Page 20 of 280 pandemic. Complete information to adequately budget for these activities was not available during the 2021-2022 biennium budget setting process; however, Council has approved contracts instructing staff to embark upon such activities throughout 2021. All vaccination and testing efforts are fully funded by Benton Franklin Health District and the Washington State Department of Health. ARPA funds were deposited to City's account with quarterly reporting requirements for the amendment budget This usage. funds Department to Treasury of track anticipates City expending all of ARPA allocation by the end of the biennium. V. DISCUSSION: To ensure a proper level of budget authorization to accommodate the various COVID-19 related activities, staff recommends approval of the proposed budget adjustment. Page 21 of 280 Ordinance – 2021-2022 Operating Budget Amendment - 1 ORDINANCE NO. ____ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING THE 2021-2022 BIENNIAL BUDGET (ORDINANCE NO. 4503) BY PROVIDING SUPPLEMENT THERETO; TO PROVIDE ADDITIONAL APPROPRIATION IN THE CITY’S GENERAL FUND AND AMBULANCE FUND FOR COVID-19 GRANTS ACTIVITY. WHEREAS, on December 7, 2020, the Pasco City Council approved Ordinance No. 4503, adopting the 2021-2022 Biennial Budget; and WHEREAS, the City has participated in operations of regional COVID-19 testing sites since September 24, 2020 and regional vaccination sites since January 21, 2021; and WHEREAS, the testing sites were and continue to be funded by Benton Franklin Health District and Washington State Department of Health; and WHEREAS, the United States Senate had passed the American Rescue Plan Act of 2021 (ARPA, HR 1319) on March 6, 2021. On March 10, 2021, the House passed the Senate amendments to the bill, and the City has received $8,732,156 of $17,464,312 allocated to the City; and WHEREAS, in light of the City’s response to the COVID-19 pandemic and the evolving demands concerning management and funding of such efforts, not all costs associated with this mitigation effort were captured in the Biennial Budget; and WHEREAS, the City Council of the City of Pasco finds and determines that such amendment of the 2021-2022 Biennial Budget is in the best interests of residents of the City of Pasco and will promote the general health, safety and welfare. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Pursuant to RCW 35A.34.200(1)(d), the 2021-2022 Biennial Budget be and the same is hereby amended to provide for the following adjustments to revenues, transfers in, expenditures, and transfers out by providing authority for any necessary transfer of money within or between funds indicated, and their subsequent impact to end fund balance: Fund EXPENDITURE REVENUE GENERAL FUND 11,219,266 11,219,266 AMBULANCE FUND 170,000 170,000 Total 11,389,266 11,389,266 Page 22 of 280 Ordinance – 2021-2022 Operating Budget Amendment - 2 Section 2. That the additions in appropriations and expenditures are hereby declared to exist in the above funds for the said uses and purposes as shown above and the proper City officials are hereby authorized and directed to issue warrants and transfer funds in accordance with the provision of the Ordinance. Section 3. Except as amended herein, Ordinance No. 4503 as previously adopted heretofore shall remain unchanged. Section 4. This Ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take full force and effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington this ___ day of __________, 2021. Saul Martinez Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Published: ___________________________ Page 23 of 280 Projects YTD Actual 2021 EstimateCOVID19 CBC Vaccination Site 107,109 140,000COVID19 Testing Site 1,260,496 1,715,000Benton Franklin Fairgrounds COVID19 Vaccination Site 802,111 802,111American Rescue Plan Act 8,732,156 8,732,15610,901,872 11,389,267 Page 24 of 280 AGENDA REPORT FOR: City Council August 31, 2021 TO: Dave Zabell, City Manager City Council Regular Meeting: 9/7/21 FROM: Rick White, Director Community & Economic Development SUBJECT: 2022 Community Development Block Grant (CDBG) Annual Work Plan and Allocations (MF#BGAP 2021-003) I. REFERENCE(S): Proposed Resolution Planning Commission Minutes Dated: 06/17/2021 and 07/15/2021 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. ______, approving the Program Year 2022 Community Development Block Grant Allocations and Annual Work Plan. III. FISCAL IMPACT: CDBG Entitlement for 2022 is estimated at $750,000 IV. HISTORY AND FACTS BRIEF: The City of Pasco receives an annual entitlement grant from United States Department of Housing and Urban Development for the Community Development Block Grant (CDBG) program authorized by Title I of the Housing and Community Redevelopment Act. The City's grant allocation process is guided by Resolution No. 1969, approved in 1991, which designates the Planning Commission as the Block Grant advisory committee and addresses several community needs for which the CDBG program will provide funding. The resolution places the highest priority on bricks and mortar physical improvements and specifically excludes social service programs carried on by non-profit organizations and governmental agencies designed to provide health, welfare, and educational activities fo r individual persons. Recreation programs operated by the City do not fall under this definition of social service programs. Page 25 of 280 A "Request for Proposals" for 2022 CDBG funds was published in the Tri-City Herald and Tu Decides newspapers in May. Eleven (11) requests for grant funding were considered totaling $1,171,250.00. The Planning Commission held public hearings and discussion at the June 17 and July 15, 2021 meetings. The public hearings solicited public comment on any application for funding, or reallocation for the City of Pasco 2022 Community Block Grant (CDBG) Program. At the public hearings, eleven (11) presentations were made relating to proposed activities. Staff presented recommendations for funding at the July 15, 2021 Planning Commission Meeting. The Planning Commission recommended approval of funding recommendations as presented. There is always some question regarding funding levels approved by Congress. Actual available funding for these FY 2022 activities will remain in question until the early part of 2022 when the award is made. Staff recommends all projects not recommended for whole or partial funding be put in the 2022 annual action plan as contingency projects should funds become available. An amendment to the Annual Action would be necessary to allocate unobligated funds to any project not in the plan. If funding levels are higher or lower than estimated, activity funding will be proportionately adjusted prior to submission of the plan. V. DISCUSSION: This item was discussed at the August 23, 2021 Council Workshop and staff recommends the approval of the 2022 CDBG Allocations and Annual Work Plan. Page 26 of 280 Resolution – 2022 CDBG Allocations - 1 RESOLUTION NO. _____ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, APPROVING THE PROGRAM YEAR 2022 COMMUNITY DEVELOPMENT BLOCK GRANT ALLOCATIONS AND ANNUAL WORK PLAN. WHEREAS, staff has prepared the Program Year 2022 Annual Work Plan for activities totaling $750,000.000 from estimated entitlement, program income and prior year reallocation funds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: Section 1. That the Pasco City Council hereby approves the Annual Work Plan as follows: Activity Funding CDBG Program Administration $140,000.00 Civic Center – Youth Recreation Specialist $20,000.00 Martin Luther King Community Center Recreation Specialist $20,000.00 Senior Citizen’s Center Recreation Specialist $20,000.00 Martin Luther King Recreation Programs $20,000.00 Therapeutic Recreation Programs Scholarship $5,000.00 Recreation Scholarship Program $4,000.00 Code Enforcement Officer $100,000.00 Pasco Neighborhood Business District (additional funds) $221,000.00 DEBT REPAYMENT – SECTION 108 LOAN $200,000.00 **Contingency: DPDA Pasco Specialty Kitchen **Contingency: DPDA Façade Improvement Program TOTAL $750,000.00 Section 2. That the Pasco City Council hereby approves unfunded and partially funded projects above as contingencies in the annual action plan; and Section 3. If entitlement funds are less than estimated, program administration and public services will be reduced to not exceed limits; City projects may be voluntarily reduced; and all projects will be proportionately reduced; and Section 4. That the City Manager, or his designee, is authorized to sign all agreements in accordance with the 5-Year Consolidated Plan and Annual action Plan Supplements previously approved by Council. Page 27 of 280 Resolution – 2022 CDBG Allocations - 2 PASSED by the City Council of the City of Pasco, Washington this ____ day of ___________, 2021. ____________________________ Saul Martinez Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Page 28 of 280 Pasco PLANNING COMMISSIONMEETING MINUTES City Hall -Council Chambers 525 North Third Avenue Pasco,Washington THURSDAY,JUNE 17,2021 6:30 PM PUBLIC HEARINGS A.Block Grant-2022 Communi Develo ment Block Grant Allocations F# BGAP2021-003 Angie Pitman,Community Block Grant Administrator stated thank you, tonight is the city CDBG grant cycle for our program,2022.Just as a brief history,the city program was enacted in 1974 by Title one of the Cranston Gonzalez Act.It rolled eight competitive grants into one community development grant that was awarded by formula.The purpose of the grant is to preserve and develop viable urban communities by expanding economic opportunities,providing decent housing and creating a sustainable living environment.Part of the requirements for the CDBG program is that you have to have a HUD approved ?ve-year consolidated plan.And then each year we do an annual action plan supplement that lines out what we're going to carry out in that program year.This meeting tonight is the beginning of that process to gather information and ?gure out what we're going to work on for our program for 2022. At the end of the program year,we also submit a consolidated annual plan evaluation report, or Caper,that kind of measures our progress.Against what we said we were going to do in the annual action plan and during this process,citizens participation is mandatory and encouraged.So for 2020 through 2024,our goals are to increase and preserve affordable housing choices,community,neighborhood and economic development,which covers pretty much everything in the middle,and then housing or homeless interventions and public services.So what is basically the physical residential improvements or in increases the rest of its infrastructure,parks,buildings and then public services that are carried out at those facilities.As the grantee,we can cany out this program in a number of ways,the city itself can carry out the programs with employees and or contractors,and we can award grant funds to sub recipient.And there's one organization.It's a CHBO.It's a specialized organization that,as far as I'm aware of,that we don't have in our area at this time.So that kind of limits us on who we can use.To select our activities for 2022,it has to meet a national objective of primarily bene?ting low to moderate income persons in an census tract that's de?ned it 80 percent of our area,median income based on household size.It has to be an eligible activity that's de?ned in 24CFR-75. Meet one of the goals and in our consolidated plan,meet our local priority needs which are de?ned in resolution 1969.And then we have to have a quali?ed applicant that demonstrates capacity to carry out the activity.And then if depending on the complexity,we do some underwriting to determine whether or not projects are feasible,if they can continue with partial funding or if they have to have the whole block of funding in order to complete it, because we don't want to give funds out and with no guarantee the prior activity will get funded and then the project doesn't get completed.Resolution 1969 designated the Planning Commission as the advisory board and establish council policy regarding CDBG funding projects that were to be considered were housing parks,community sponsored recreation infrastructure,basically focusing on the physical improvements,economic development and Planning Commission Meeting Minutes Page 1 of 7 June 17,2021 Page 29 of 280 n u n _ .u n u I u u |. u ‘n H u = 1 ‘I u u : u n .1 .,7 I‘ n ‘ In. ., :4 -« I1 removing substandard or hazardous conditions.It allowed for capital improvement of facilities that house social agencies.So public facilities improvements are eligible,but maintenance and equipment is not allowable.Social services such as health,education and welfare are,according to this resolution,not allowable.So there were 11 proposals received and that included one that we don't actually receive an application for and that is the 200,000 that is earmarked for repaying the Section 108 loan.And so that came to one point one seven million approximately.So we have a de?cit about four hundred and twenty one thousand. And the requests were categorized by our project types,administration is generally limited to 20 percent of our entitlement.Public services is limited to 15 percent,economic opportunities we didn't receive any applications for that.We had one for affordable housing for sixty-seven, ?ve none for public facility improvements,which would be the buildings and parks code enforcement,a hundred thousand community infrastructures,half a million.And then the section 108 debt service,two hundred thousand. And this is just a graph,breaking it down by project type.So the next steps are the application deadline was May 28,so this is the first of two public hearings and then at the end,your recommendations will be forwarded to city council workshop on the 9th of August and then council action on the 16th.Then we'll open the whole plan up for a 30 day public review period,and at the end of that,when we receive the actual allocation ?om HUD,the plan has to be updated and then submitted. Commissioner Cochran I want to clarify,so there's a four hundred-and twenty-one—thousand- dollar de?cit.How do we typically address this just by narrowing down the number of proposals in the ?nal mix.Because that's what we're here to do over the next month or two. Angie Pitman stated yes,I actually will come back at the next meeting with a list of proposed projects for funding.And narrow it down by what it available for funding.So this is the one point one seven one million is the full list of applicants,and then we'll eventually narrow that down to 750. Commissioner Bowers stated so going back to the list that we just had up a minute ago,how about we start with Habitat for Humanity?Your name and city of address for the record, please my name is Natalie Curfman and the city address for our nonpro?t is 3131 Wellsian Way,Richland WA.Thank you for the invitation to present this evening,I'm submitting Pasco Home Affordability Project on behalf of Tri—CountyPartners Habitat for Humanity.I am joined by executive director J ett Richardson.Please bear with my pace as I try to respect the ?ve minute time recommendation for you.Next slide.This project will build in two locations,Cedar Avenue and Elvina Street.There will be eight homes completed by December of 2022.CDBG funds will be applied toward eight house trusses at thirty thousand dollars,eight lumber packages at twenty ?ve thousand dollars and eight sidewalks at twelve thousand ?ve hundred dollars for a total request of sixty seven thousand ?ve hundred dollars. The project builds eight homes serving thirty two people,13 clients below 80 percent and 19 clients below 50 percent and 20 minority clients.The three criteria for Habitat‘s homeownership program include falling within 30 to 80 percent.And the ability to pay the appraised value of habitat home and willingness to partner through equity. The current median house price in Pasco is approximately three hundred eighteen thousand Planning Commission Meeting Minutes Page 2 of 7 June 17,2021 Page 30 of 280 ....I..I ''I II I 'I"‘ I;.. ‘H “I =.== I .II .. II I I II I I I v;H I I I '‘ ....H I I '_-I I I ‘I .I . | I ‘I II,,.u H I ; .--'I I.;,. II,;-_H __I 'II. .. I I‘I‘I‘I ._.I I .._._. ._., I I -"' I ''“-|'I II I'H dollars,creating an estimated house payment of nineteen hundred dollars a month.I included this Pearl Street example to show that these homes are not necessarily new or extravagant. Federal government guidelines de?ne that greater than 50 percent monthly income toward housing costs is considered a severe housing cost burden.Using the nineteen hundred dollar a month mortgage estimate and 80 percent AMAI Pasco resident would pay ?fty two percent of their monthly income on housing costs,falling directly into severe housing cost burden shifting to a 50 percent AMI per Pasco resident.They would pay eighty three percent of their monthly income on housing costs,creating a situation where the dream of homeownership is unimaginable.Appraisal values are rising at insurmountable rates,and Pasco,this Habitat home,had an appraised value in May of twenty nineteen at two hundred one thousand dollars. Today's estimated appraised value is two hundred ?fty thousand dollars,creating a twenty four point four percent increase on the very same Habitat for Humanity home.To recap, affordable home ownership for 30 to 80 percent.And my residence is created to reasonable mortgage payments are generated and three unreasonable home cost increases will be addressed by the grant.one strategy,one objective to an outcome to next.This project is a high priority ranking through neighborhood preservation and revitalization,elements of the project include health,education,economic opportunities,beauti?cation,community and safety.The project will meet successful benchmarks.Eight persons served per quarter.2022 construction scheduled targets met,eight homes built and a qualitative benchmark with the number of smiles observed by new homeowners.Projected budget is two million twenty thousand eight hundred dollars,with the CDBG funds joining in at sixty seven thousand ?ve hundred dollars.Habitat maintains strong partnerships and funding streams.They are listed below and you can look at those later.Pasco home affordability break cycles of generational poverty by providing new affordable homes to low to moderate income residents in Pasco, by combining Pasco's CDBG with Tri-County partners,Habitat for Humanity residents are provided a remarkable ?ghting chance at owning the place where they live and calling it home next.Thank you. Commissioner Cochran stated yes,well,?rst of all,thanks for all you do and Habitat,it's a great organization and I was curious about being one of the things that the sixty-seven thousand dollars is going to go towards is trusses and lumber packages.And you're going to try to do eight units with that.And is there built in in?ation or you've got commitments on those or those eight lumber packages and truss packages end up being three in?ation and lumber prices going up.Just curious of how you manage the outrageous cost.I think lumber is 80 percent this year.A signi?cant portion of your thing is lumber.Just curious about how you guys manage that. Natalie Curfman stated so we just wanted to differentiate that it is applied toward.So those amounts are just applied toward those things.De?nitely,eight house trusses are much more than thirty thousand dollars at this point today. Commissioner Mendez,I have a question so I read somewhere that the applicants need to be,I think, US citizens or permanent residents.And I was just curious how you verify that if you're required to verify,that would be the better question.Jett Richardson stated,we do verify that in the application process for all of the Habitat homeowners that come through our program.It's not just a requirement for our af?liate that habitat homeowners be permanent residents or citizens,but it's a requirement of Habitat for Humanity International.So it's Veri?ed at the application at the time of application. Planning Commission Meeting Minutes Page 3 of 7 June 17,2021 Page 31 of 280 (. I . .. .'' ‘f .=... ‘l H ,. L.. . H‘- .=.. .. I ill '4. . 2.:II . Commissioner Mendez stated are your funds secured everything that you have in the budget.Are those secured funds or do you have grand applications out for them already.Jett Richardson stated we have grant applications out everywhere,we can ?nd opportunities,the costs of the lumber,the materials cost is always something that we're concerned about and that are rising.But right now,we have cash reserves on hand to cover the project at least,for the ?rst four houses,and then we'll continue to raise funds for the rest. My name is Jon Padovrac,and I'm here as a city employee,senior civil engineer,to talk about the Lewis Corridor project from second to ?fth.It's a really interesting project for us.There's a lot of work we've put into that downtown corridor recently,and this will be the last little puzzle piece that will really complete an overall big picture.So,as you can see on the screen, we've done some projects that I'm sure you've heard of our Lewis Street overpass project that will be on the east side of this corridor.And then Peanut's Park is at 4th.So currently the city will put about forty four million dollars between their funds and funds that they've secured between the Lewis Street Overpass project and Peanut's Park.And the corridor between them isn't improved yet.So it's there's ADA compliance issues.It's fairly old.So the sidewalks aren't in great condition.And so we're what our hope is,is to connect the investment we've made to the Lewis Street overpass and the investment being made at Peanut’s Park and connect the dots and really clean up the rest of that corridor so that our two big investments aren't kind of isolated in an area that's not improved,but it connects and really creates a revitalized downtown all the way from Peanut's Park over to the overpass. So we feel that there's been a lot of investment already in our project.Will be really important in terms of tying together the themes of those making a safe,pedestrian friendly place that people can exist downtown that's this pleasant and good to be at.And it'll also help local businesses who have struggled through recent economic crises,especially then with the other construction projects going on.There's some concern that would be detrimental in the short term in terms of construction activity on the ?'ont,their business and such,that our hope is to complete this project before the overpass is complete. So when everything is back opened up,there's a beautiful new downtown in front of all these shops that will really help them step up their game in terms of a number of people that they choose to visit downtown Pasco.So currently,we have selected a consultant to do the design work and we have secured funds for the design.I believe we have some secured funds for construction as well.There's a few different concepts of what we would do downtown. There's been an effort to do some master plarming of the downtown area,and when the consultants were interviewed,some of them presented graphics of concepts that might be like what we end up with.These haven't been through the stakeholder engagement process yet, which will be a really key part of our project.But they show generally the sort of after pictures that we might see in a few years.So there's a lot of things we can balance.There's all the way from when there's a certain width of quarter we have to work with and we can give more room to businesses for outdoor seating and such. We can improve bicycle safety on the road.We can improve parking.There's a lot of opportunities for not just,you know,kind of a facelift,but actually changing the infrastructure to bene?t the community.So this is a rendering showing a fairly traditional multimodal access.This is a more pedestrian and business friendly version where we shrink the road down and have additional sidewalk area for businesses to have outside seating and for people to have more outside enjoyment of that area.And then there's also a version that prioritizes Planning Commission Meeting Minutes Page 4 of 7 June 17,2021 Page 32 of 280 u -'I II -I u ''.‘I '"-- uuu I:..-un uu u -u "n 'u u ':u 'uu n n'' n n u u ‘I u Iu ---I uu n‘I ‘un I 5 u u I _u=n -, I.‘u IZII un n 'I "nu uuu uu :..uu _ nu -nu uu un u _-n n uu rn uuu uuI '-u ..I nn nu-u un “‘ .|I .n ..=.= II I , "1'-u u I "‘-- __I _ I ..zuz _. -uI n _u u -u n - A .-uI ’‘n u uu 'uu Iu '"'i -'--u I u -n ..u nu .I _uI u uu “'nu 'n ;‘r “:I ='N '= -.Iuu IIn u uu .-u v --.u ‘un -nuuu -un ‘u , u n 'n I I ..I ,I .,u u = _u -.u -Ii nunu uI nu Iuu uu Iu ‘n ‘n v I u u n-u Iu -u uuu n-n -u u v n u .n _ _ I I :uu.I I I u I _ I u:=n L _I .I 7-;_n _I I u n .u ..n u 'n Inu I ‘n I u 2. "‘u I -1 u I: -.s.u -I\.-- _.I u _u ‘I _II..un u n I :'I I 'I n uu In u:u u u -I -nu ,.n '..u u ‘I III -u _‘ _u _u _u n u uu :4 u u 1‘u n un .u -n nu u - uuI u "n ‘:uu ' u _ I n _n 'u -.uu -~ II I I '‘I ‘II II II : -nu. I u u I u _I :uI »._ II II -u ..u n uuuu u n uu ‘‘.:1 nu .'II n u v.u I n -n uu uuu bicycle safety.That's one of our priorities in terms of city planning,is connecting the dots between small projects we've done that have bicycle safety elements so that we have more continuous bicycle networks in the city.So we'll be looking at that as well in terms of how to prioritize the project.And then regarding funding mechanisms,our project is also considered a high priority project and that it's a revitalization project and it also addresses ADA access issues for a lot of the stores downtown.And we're really excited about this.Our hope is that it would be constructed next year,designed to happen this year that we constructed next year. That's a current schedule.Do you guys have any questions about the project.Commissioner Myhrum stated thanks for your presentation,really exciting to see the connection between the Lewis Street overpass and Peanut‘s Park and your addressing of the access issues,I think that's great.The other funds associated with this project,are they primarily secured by the city or federal dollars or other governmental dollars.Jon Padvorac stated I believe I know off the top of my head,but I'll double check really quick.So we have other development funds as well as state funds and then some local funds from regions,our stormwater fund,and those are secured. Commissioner Hendler stated so what are your next steps,what are you seeking.I'm kind of curious.What do you what how can we help you.Jon Padvorac stated the biggest thing for us is funding right now.So now we have ?inding for a good portion of construction and our design costs.And so we're moving into the design phase and pursuing additional funding, moving into the design phase.We'll get a better sense for how much funding will be required. We did a quick estimate before getting consultant on board just in House.And then we're hearing from a couple of different consultants that we interviewed that,you know,there's a cost to do a sidewalk and there's a cost to revitalize downtown.And revitalizing downtown can be more expensive.And so we’re trying to ?nd additional funds so that we can do something like these pretty pictures instead of just,you know,take a crack sidewalk and ?x aid problems and basically put back the same thing that was there.We really want to have the ability to give the citizens what they hoped for in terms of really providing a neat downtown Pasco.And who is the consultant who was picked,MacKay Sposito. Once again,covid-19 presents a real challenge that we ended up having close.Sorry.Thank you.Steve Allen with the YMCA.We're also over here at the Pasco Martin Luther King Center.We we're forced closed down during open like a lot of other programs.We are actually reopening Monday.We opened this week to a special soccer camp trying to get kids back involved,getting physically active again,out of the classroom,out of the home,outside and playing again.The funding from the CDBG helps us to run this center hands down.This program has started as a cooperation between the city,Pasco,United Way and the YMCA, one of those legs that we withdrew from the funding.We try to do some fundraising with it. But CDBG plays a real big part of this for us.It leverages about another fifty thousand a lot of our internal funding because we believe in the program.We believe in the kids and we believe in the neighborhood.And after being here myself for 18 years,it's been wonderful to see East Pasco change in a positive way.We've seen a lot more home ownership,a lot of families that are active,things like that.And one of the things that mark,this past week when we did the soccer campus,we had a lot of non-Pasco community residents come over.And I can tell you,my eighteen years running programs here,we've had a lot of resistance over the years parents from Richland and Benton County.What I don't want to go there and surprising even West Pasco this go round,we had a huge turnout,was seventy kids from a variety mix. Planning Commission Meeting Minutes Page 5 of 7 June 17,2021 Page 33 of 280 I (I .I I II .I . '’ I .I II :F ' I ~I_:I I.II I I u -I -I,III -,=.':I I 'I -‘II;-II ' I _I _I I I I . 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I-II I I -- V4 I‘.In II _.;._.I And that's really promising for us.But our focus is still the kids in that immediate neighborhood.And so the funding from this allows us to open the center after schools have it open in the summer as well as our athletic programs,things like that.The funding that you guys have provided over the years has kept that door open with a minimal charge Kids basically can join for ten dollars a year,come in and have unlimited access to that center and by kids.It's not just the young kids,it's also high school age and college age as well as families to be able to come in workout,use the facilities,use the recreational programs and have that safe place after school enhancement park.Keep up the good work.Thanks. I'm Donna Tracy and I'm from the arc of tri-cities I'm here on behalf of the ARC and the Therapeutic Recreation Request.We serve individuals with developmental disabilities, autism,cerebral palsy,Down syndrome,a variety of disabilities.The ARC serves traditionally over a thousand individuals in a therapeutic year-round recreation service delivery.And these dollars allow us to be able to help and give scholarships and reduce costs to those who have little individuals who live in a group home.They are given sixty dollars a month.That's for their bus pass.That's for their clothes.That's for,you know,to go on out to McDonald's.They only get six dollars a month.So having low funding to be able to help support them.During Covid,we shut down for about a month before people were calling us up and people were stop eating and really families in crisis.And so we started doing individual one on one service delivery and going to parks and feeding ducks just to help people get out and have that recreation.When you have a cognitive disability or, you know,sensory issues,sometimes you just require that routine and the families needed help.So we're now getting more robust.We're serving ninety-six kids in its camps and people are anxious to get out there and enjoying life.So,we're asking for your ?inding and your support.Again,we appreciate you helping us and allows us to be able to give us some money to help those who have little funds are the individuals we serve are designated as recognizers,low income and disabled adults.We target and they come in a variety of our services throughout the year. Commissioner Bowers I actually have one question,do you I know you serve the tri-cities as a whole;do you have any idea what percentage of your clients come from Pasco.Donna stated I have to say,well,just I just got through doing numbers for my summer camp and a third,so equal representation.Matter of fact,I would have to say that Pasco right now exceeds Kennewick.So,I don't know why,but that a lot of people are comingioutin Pasco. Rick White stated do you want to hear a brief rundown of the three four city applications, they're very consistent with past years,of course,that three recreation specialists for the Civic Center,the Martin Luther King Community Center,the senior center,and then the fourth,the code enforcement of?cer.These are all people that are dedicated to the low to moderate income census tracts.So their services are entirely in those tracks,meaning they primarily bene?t low and moderate income people.So,again,consistent with last well, consistent with almost every year that I've been here,except for the section 108.I think we've talked about a lot.That was a 20 year long program actually approved by the Planning Commission several years ago.This is the ?rst year that we have to start paying it back.And then the CDBG program administration is a cost that isn't,of course,just salary, but it's supplies.It's spread out because there's quite a bit of help that goes to Mrs.Pittman and her efforts,including some of my time,some of Miss Webb's time in terms of Planning Commission Meeting Minutes Page 6 of 7 June 17,2021 Page 34 of 280 u?I—IF-‘—f -u'u'u-ul-u'—JI-I-—J|lIJ-2 -Iuuuzu?l-Inh -I I'IIu"I I—'f ‘I I‘f '£JlIuLI-—uII-III I Iu—'-In -'T"—uI'ZI'Z'Iu'Iu—u '—'-1|.-—I I-I-'1':-—Iu'1'-'—I-n'1Ir-'—: administrationsupplies and Various special service or professional service requests that are required for the block grant program. Again,no action tonight is needed by the commission other than conducting the public hearing.This will return next month with a proposal from staff perspectives. Planning Commission Meeting Minutes Page 7 of 7 June 17,2021 Page 35 of 280 Page 36 of 280 Pasco (M PLANNINGCOMMISSIONMEETING MINUTE SCityHall-Council Chambers 525 North Third Avenue Pasco,Washington THURSDAY,JULY 15,2021 6:30 PM PUBLIC HEARINGS A.Block Grant-2022 Communi Develo ment Block Grant Allocations F#BGAP2021- Oi}Rick White,Director stated Angie Pitman is enjoying retirement,so she is not here. This is the second of two public hearings.Every year we do this exercise.We get a set amount from the federal government each year to use for programs that primarily bene?t low to moderate income people and families in Pasco.The overall guidance for spending that money comes from a resolution passed in the late 1990s,Resolution 1969. It focuses on economic development activities,brick and mortar kind of projects that contribute to the community's overall well-being in this year.Much like all the years the commission has been doing this,we receive far more requests than we have money for.We received 11 applications for roughly one point one seven million dollars.We estimate that our 2022 entitlement will be about seven hundred and ??y thousand dollars.It might go up a little or maybe down a little.Roughly based on our estimate and on the federal formula,we expect to receive three quarters of a million dollars.The staff report is prepared like the commission has seen several times in the past several years.There is the agency request listed on the attaclnnent,and I'm referring to the ?rst attachment,one that has some color on it. You'll see the agency request,the staff recommendation.There's a column for the Planning Commission recommendations,and then this will proceed to city council in August based on the Planning Commission's recommendations. Of course,city council has the ?nal say.We did add two contingency projects,which is the green block on attachment number one.We did not receive applications from the downtown Pasco Development Authority for either the specialty kitchen economic development activity or for the facade improvement program.Normally,they submit applications for those they were added as a contingency in case a project is underspent,or we get additional funds,which sometimes occurs depending on the sentiment of the federal government. Thank you,commissioners.I'll open it up for your discussion,questions,alternate recommendations to staff. Commissioner Myhrum stated that he wanted to thank staff for the presentation.Also just noting,he thinks this recommendation is Very equitable,and don't believe any of the applicants were denied funds,but there were some that received some larger cuts than others. Overall,it seems to be a pretty reasonable solution in sharing the funds that we expect.And Planning CommissionMeeting Minutes Page 1 of 2 July 15,2021 Cityo Page 37 of 280 r. so,these contingent funds would only be spent after the other funds have been spent for those who did apply.That's my understanding of it.So thank you very much. Commissioner Cochran stated so the continuing ones with those applicants then have to later provide proposals that we're just keeping.So you would ask for a proposal if we ended up with that contingent money. Rick White stated yes they would.They would have to go through the same steps as everybody else.And the steps include the execution of something called the sub recipient agreement.So it's a contract essentially with the city and then they carry out the program.As you know,HUD regulations require. Commissioner Cochran stated thank you.Any other questions from commissioners or ultimate recommendations to what staff is recommended?OK,we'll open the public hearing any individuals that wish to speak on this particular item,now's the time to come forward and speak. Please state your name and city of address for the record.Anyone on the phone or are you going to speak on this issue? Natalie Curtman with Tri-County Partners,Habitat for Humanity stated,thank you for having the public speak this evening or comment.We are our head of?ce,is in unwealthy and way in Richland,but we serve for Franklin County and Walla Walla counties.I just wanted to reiterate that we've been present in the city of Pasco for quite some time now,building on Cedar and Elvina.We believe that affordable homeownership is crucial,crucial in the housing continuum.It moves beyond rentals and gives people the chance to build wealth for their families. And we very much believe that this is an opportunity that low income and moderate—income families and Pasco should be able to have.Home ownership gives the opportunity for not only the people initially receiving the homes to bene?t,but for fU.t11I'Cgenerations as well as the wealth has transferred since they own the home.Thank you for considering Habitat for Humanity. Commissioner Cochran stated thank you.Is there anyone else or does anyone have questions from the commissioners for Habitat for Humanity?Hearing none,all right,Well,with that,I will close the public comment section and I would entertain emotion.I note that staffs recommendation is to carry forward these recommendations and make a recommendation for city council to go with these staff recommendations. Commissioner Myhrum stated I move that the planning commission close the public hearing on the use of funds for the 2022 community development block grant program. Commissioner Lehrman seconded the motion. Commissioner Cochran stated that was moved by Commissioner Myhrum and seconded by Commissioner Lehrman that we close the public hearing and make the recommendation staff recommendations to city councils.Let the record show that was passed unanimously,and the recommendations will proceed to city council. Planning Commission Meeting Minutes Page 2 of 2 July 15,2021 Page 38 of 280 AGENDA REPORT FOR: City Council September 1, 2021 TO: Dave Zabell, City Manager City Council Regular Meeting: 9/7/21 FROM: Rick White, Director Community & Economic Development SUBJECT: 2022 HOME Annual Work Plan and Allocation (MF# BGAP 2021-004) I. REFERENCE(S): Proposed Resolution Planning Commission Minutes Dated: 06/17/2021 and 07/15/2021 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. _____ approving the Federal 2022 HOME Annual Work Plan and Allocation. III. FISCAL IMPACT: Pasco's share of Federal HOME funds is $263,000 (including program income). IV. HISTORY AND FACTS BRIEF: Pasco entered in a HOME Consortium Agreement with the Cities of Richland and Kennewick in 1996 making the City eligible for Federal HOME funds. Every three years, during the renewal cycle, member Cities are given the opportunity to withdraw from the consortium, make changes to the cooperative agreement, or select a new Lead Agency. In April 2019, the Consortium renewed the Agreement through December 31, 2022. HOME funds are allocated based on need and income eligibility and may be used anywhere within the City limits; however, neighborhoods designated as priority by Pasco City Council receive first consideration. Funding is first targeted in the Longfellow and Museum neighborhoods, then within low-moderate income census tracts (201, 202, 203, and 204). If HOME funds cannot be applied to those areas, then they are used as needed within the Pasco city limits for the benefit of eligible low-moderate income Page 39 of 280 families. Tenant Based Rental Assistance shall be added as a contingency use of HOME funds. The City is restricted to using HOME funds for down payment assistance for first time home-buyers in accordance with the Tri-Cities HOME Consortium Cooperative Agreement approved by all three cities in 2010, renewed in 2019 through 2022. From 2015 through 2020, HOME funds provided down payment assistance to 76 Pasco first-time home-buyers at a maximum of $10,000 per loan. In program year 2021, one (1) down payment assistance loan has been funded to date. Estimated HOME entitlement funds totaling $263,000 (including program income) will be available to provide down payment for an estimated twenty -four (24) first-hometime -presented Staff need. on buyers 2022, in based recommendations for funding at the July 17, 2021 Planning Commission meeting. The Planning Commission recommended approval of staff funding recommendations as presented. V. DISCUSSION: and Workshop 2021 23, August discussed at was item This staff the recommends the approval of the Federal 2022 HOME Annual Work Plan and Allocation per the recommendation of the Pasco Planning Commission. Page 40 of 280 Resolution – 2022 HOME Allocations - 1 RESOLUTION NO. ______ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, APPROVING FEDERAL 2022 HOME ANNUAL WORK PLAN AND ALLOCATION WHEREAS, the City of Pasco, together with Kennewick and Richland, renewed a cooperative agreement 2019 continuing participation in the Consortium originally formed in 1996 under the Home Investments Partnership (HOME) Program through 2022; and WHEREAS, the Consortium allows the three cities to be eligible for federal HOME funds; and WHEREAS, the City has established a Community Housing Improvement Program (CHIP); and WHEREAS, $263,000 is expected to be available from entitlement funds and program income, for Pasco HOME projects in program year 2022. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: Section 1. That the 2022 HOME funds received by the City of Pasco shall be allocated to the Community Housing Improvement Program (CHIP) First Time Homebuyer Assistance program, which operates city-wide with priority given to neighborhood improvement areas and low-moderate income census tracts. Section 2. That the City Manager, or his designee, is hereby authorized to sign all agreements in accordance with the 5-Year Consolidated Plan, and Annual Action Plan Supplements previously approved by Council. PASSED by the City Council of the City of Pasco, Washington this ___ day of _________, 2021. Saul Martinez Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Page 41 of 280 Page 42 of 280 Page 43 of 280 Page 44 of 280 Page 45 of 280 AGENDA REPORT FOR: City Council August 24, 2021 TO: Dave Zabell, City Manager City Council Regular Meeting: 9/7/21 FROM: Steve Worley, Director Public Works SUBJECT: Resolution - Change Order No. 2 to Columbia East Force Main Project I. REFERENCE(S): Resolution Proposed Change Order (CO) No. 2 Supporting Documentation for CO No. 2 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. _____, authorizing the City Manager to execute Change Order No. 2 to the construction contract with DW Excavating, Inc. for the Columbia East Force Main project; contingent upon change order approval Econothe U.S. funding our by partner, Development mic Administration. III. FISCAL IMPACT: Original Contract $5,511,103.00 Change Order No. 1 $ 33,514.69 Change Order No. 2 $ 299,000.00 New Contract Amount $5,843,617.69 8.6% Sales Tax $ 502,551.12 Total Contract Amount $6,346,168.81 IV. HISTORY AND FACTS BRIEF: Change Order No. 1 This change order was necessary for two reasons; first, unmarked utilities were discovered during the execution of the work. Second, as described below, construction started late due to a delayed funding agency (EDA) authorization. As a result, the Contractor was required to modify their work sequence to avoid Page 46 of 280 impacts to farmer’s crops in the agricultural fields. This change order was within the Director’s authority to approve. Change Order No. 2 On March 1, 2021, Council awarded the bid for the Colum bia East Force Main project to DW Excavating, Inc. The award was contingent upon receipt of an anticipated federal Economic Development Agency (EDA) Funding Award Letter. A series of events caused a substantial increase in costs to the Contractor between the time of bid award and the Contractor signing the construction contract. At that time, the EDA was working to approve a request from the City to increase the grant award for this project from $3M to $6M to help cover increases in the estimated project cost. The City received notification that the award was approved on November 16, 2020, but funds were not secured until the City received a grant award letter. While EDA was processing the increased grant award and getting the grant award letter routed for signatures, the construction bid could not be awarded without jeopardizing funding. The supplemental funding award letter was received on March 18, 2021; almost three weeks later than anticipated. In February 2021, following bid opening but prior to award of the contract to DW Excavation, the state of Texas suffered a major power crisis resulting from three severe winter storms that swept across the United States between February 10– 20, this in turn resulted in a massive electricity generation failure in the state of Texas. The Texas power outage affected many industries including the plants in the USA that manufacture the resin used to make high density polyethylene (HDPE) pipe; the very pipe needed for the Columbia East Force Main project. The electrical shutdown of the resin plant created a nation -wide shortage on the manufacture of HDPE pipe. The result was a significant increase in pipe cost and pipe suppliers were no longer honoring previous prices given to contractors for their bids. The legal term used by the pipe suppliers was Force Majeure, which in general term means unforeseeable circumstances, such as an act of God, or event for which no party can be held accountable, such as a hurricane or a tornado, that prevents someone from fulfilling a c ontract. As a result of those events, DW Excavating’s material costs for the Columbia East Force Main project increased by $664,215.30 (plus tax) after they submitted their bid to the City. With these circumstances, DW Excavating offered the City two options prior to executing the construction contract; 1) help cover the increased cost of pipe material through a change order, or 2) DW Excavating would forfeit their 5% bid bond ($299,252) and walk away from the project. Page 47 of 280 To keep the project moving forward, and in consideration of the facts provided above, the City offered, through the City Manager’s authority, an amount of $299,000 to help cover part of the increased cost of the HDPE pipe material. This offer was contingent on DW Excavating working with their legal representatives to try to get the pipe supplier to honor their original material prices. DW Excavating accepted this offer, executed the construction contract, ordered the pipe material, and began constructing the force mains. DW Excavating recently notified the City that their legal efforts with the pipe supplier did not result in a lower price for the pipe material. As a result, DW Excavating agreed to a change order value of $299,000 plus tax to help cover some of the increased pipe cost related to the bid award timeline and supply chain disruptions. The combined total of Change Orders Nos. 1 and 2 exceeds City Manager authority and requires City Council authorization. V. DISCUSSION: Staff recommends the execution of Change Order No. 2 to the construction contract with DW Excavating, Inc for the Columbia East Force Main project in the amount of $299,000.00 ($324,714.00 with sales tax). This item was discussed at the August 23, 2021 Council Workshop meeting. Page 48 of 280 Resolution – CE FM Project - CO - 1 RESOLUTION NO. _________ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NO. 2 TO THE CONSTRUCTION CONTRACT WITH DW EXCAVATING, INC. FOR THE COLUMBIA EAST FORCE MAIN PROJECT; CONTINGENT UPON CHANGE ORDER APPROVAL BY OUR FUNDING PARTNER, THE US ECONOMIC DEVELOPMENT ADMINISTRATION. WHEREAS, the City and DW Excavating, Inc. entered into a Construction Contract on March 30, 2021 to provide Improvements to the Columbia East Force Main Project; and WHEREAS, the City and DW Excavating, Inc. executed one Change Order to the Construction Contract to accommodate unlocated utilities (water lines, sewer lines), and adjust the construction sequence to avoid damaging crops around a field owned by Frank Tiegs. WHEREAS, Change Order No. 1 in the amount of $36,396.95 (including sales tax) was authorized under the authority provided to the City Manager and Public Works Director; and WHEREAS, Change Order No. 2 relates to a series of events beyond the control of the Contractor resulting in a substantial increase in pipe costs after award of the bid; and WHEREAS, Change Order No. 2 in the amount of $324,714.00 exceeds the City Manager’s authority and thus requires Council approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: Section 1. That Change Order No. 2 to DW Excavating, Inc. is hereby approved by City Council. Section 2. The City Manager of the City of Pasco, Washington, is hereby authorized, empowered, and directed to execute Change Order No. 2, a copy of which is attached hereto, and incorporated herein by this reference as Exhibit A, on behalf of the City of Pasco. Page 49 of 280 Resolution – CE FM Project - CO - 2 PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this _____ day of August, 2021. _____________________________ Saul Martinez Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Page 50 of 280 Project No:17003 Project Title:Columbia East Force Main Contractor: Description of Change:Increased pipe price Detail as Appropriate:Due to COVID-19, HDPE material suppliers did not have a large inventory of material on-hand. After bids were opened, a cold-weather event in Texas caused state-wide power outages, which caused extensive damage at HDPE production facilities, shutting down production and causing a severe shirtage of HDPE and rapid price escalation. The HDPE pipe increased in price by $664,215.30 plus tax and the City negotiated a change order amount of $299,000.00. Contract Bid Amount:5,511,103.00$ SALES TAX @ 8.6%:473,954.86$ Total:5,985,057.86$ Subtotal 33,514.69$ Subtotal 299,000.00$ Sales tax @ 8.6% 2,882.26$ Sales tax @ 8.6% 25,714.00$ Total 36,396.95$ Total 324,714.00$ Total Change Orders To Date 361,110.95$ New Contract Amount YES NO CONTRACTOR Date Date CONST. MANAGER Date CIP MANAGER Date DatePUBLIC WORKS DIRECTOR PROJECT MANAGER APPROVED:APPROVED: Modification to Contract time by this Change Order……………….. revised Total Contract Time……………………………………………. It is mutually agreed by both parties that this Change Order fully describes the change(s) that is (are) being made and that the compensation for this Change Order is full and complete and is the only compensation due or owing for this Change Order. Further, it is mutually agreed that this document will supplement the present Contract Documents and that the provisions of the previously executed Contract Documents shall apply to this Change Order. AGREED TO AND ACCEPTED:APPROVED: 6,346,168.81$ IS CONTRACT TIME AFFECTED BY THIS CHANGE ORDER Contract Time Prior to this Change Order…………………………… CITY OF PASCO PUBLIC WORKS DEPARTMENT CONTRACT CHANGE ORDER NO. 2 DW Excavating, Inc. PREVIOUS CHANGE ORDER CURRENT CHANGE ORDER Page 51 of 280 Kent McCue From: Sent: To: Cc: Subject: Attachments: Importance: van@dwexcavating.net Tuesday,July 13,2021 11:09 AM Kent McCue ‘TylerWilson‘ RE:Columbia East Force Main —Response to DW Claim Core _Main Letter to DW.pdf;Core &Main Original Price.pdf;Core &Main 4-13-2021 |nvoice.pdf Low Iars dwexcavatin .net MCCUEK asco—wa.ov serram asco-wa.ov Kent Per Steve's request below,see attached documents regarding the pipe price increase.We have had multiple meetings with Core and Main.Final word from Core &Main’s corporate office is that they will not honor their quote at bid time. The first attachment is the letter DW Excavating received stating that Core &Main will not honor the original bid price. The second attachment is the original quote price and the third attachment is an invoice showing the lineal foot cost. There is a total of 51,015 LF of 20"HDPE pipe on the project.With an increase of $13.02 per LF,the total cost amounts to $664,215.30 of increased pipe costs. DW Inc.has done everything in our power to move the project forward as quick as possible.It would be fatal to DW if we are forced to absorb this cost. We ask your consideration in assisting with this cost increase. Thanks, ——————————Forwarded message ———————-- From:Steve Worley <> Date:Fri,Jul 2,2021 at 9:00 AM Subject:RE:Columbia East Force Main —Response to DW Claim To:Lars Hendrickson <> Cc:Kent McCue <>,Maria Serra <> Hi Lars, Yes,we can restart the conversation about DW’s claim. Please work with Kent to provide the necessary documentation supporting the pipe price increase and the efforts DW has taken to try to get your supplier to honor their original quote. worleys@pasco-wa.gov [NOTICE:This message originated outside of City of Pasco DO NOT CLICKon links or open attachments unless you sure the content is safe.] Page 52 of 280 Clyd23$ 1 Pasco,WA 99301 (509)543-5738 Steve M.Worley,PE Public Works Director 525 N.3"‘Avenue Iars dwexcavatin .netFrom:Lars Hendrickson <> Sent:Thursday,July 1,2021 4:01 PM To:Steve Worley <> Subject:Re:Columbia East Force Main —Response to DW Clai Lars Hendrickson DW Excavating,Inc Steve, Early on you had given us a letter stating you were willing to go up to $299,000 for the pipe price increase.Then you sent us a letter without that offer,with the intent that we would try to reach a settlement with Core &Main.We have been trying to negotiate with them since then.The issue has been brought all the way to the president ofthe company. They are not willing to offer anything to help us with this issue.Can we restart this conversation? Thanks, [NOTICE:This message originated outside of City of Pasco DO NOT CLICKon links or open attachments unless you are sure the content is safe.] wo r|eys@pasco-wa.gov PO Box 293 worleys@ gasco-wa.gov Thanks, Page 53 of 280 ..1 r‘ On Thu,Apr 15,2021 at 5:06 PM Steve Worley <>wrote: Mr.Hendrickson and Mr.Falt: Steve M.Worley,PE Public Works Director 525 N.3”‘Avenue The original letter will be mailed tomorrow Please find attached the City of Pasco’s response to your claim on the above project. worle s asco-wa.ov Pasco,WA 99301 (509)543-5738 www.avast.comVirus-free. 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99.999.99999.98.9998,999.99999.89.99999999.998999.9999.999.9999.999.998.98.998.89.993999.9_9u._9.m:99$e.399ouu99_o._.9ou.99_Em.,29 4.4 8.98.998.89.998.98.998.98.998.89.9999999.998.98.998.98.9999999.99999.89.9995989.99E99._9_4,9999_.se99.8u9 9.4 99.89.99999.89.99999.99999999.98.99999.84.99999.84.99999.89.49999.89.49999.89.99999.89.999m99 99_>9.:99>§.6S9 9.4 99.89.99999.98.9998,999.99999.89.99999.89.99999.89.9998,999.99999.98.99999.89.99999.89.999499 $9999u59__>_9.4 9:_..oE<.990...3...;u_:3u_._:OE<_£n._.mu_.i3:3u::OF_<Fae»uu_..._5:3u_._3DE<_Eo...3.5u_—._3u.._=oE<_mua._.99:;3:33:39:995.._o_9..__.99mn_Em: 9999999$9999929999999929.999999.49999E9999.939.999 4 9.999999 E9.._9..ww._..z.u:.:9m._E_9w=>_Uu=_ua9_w._w_>Ea._.u=_.a__o9_< ....9.Uu::ou999.999.4999.”...92uE.:9G...39..:95:ou ‘J oow?8:: Page 57 of 280 HE MAI July 9,2021 To:Lars Hendrickson DW Excavating Inc 215 Park Street Davenport,WA 99122 Re:Pasco Columbia East Forcemain Improvements Project No.17003 EDA No.07-01-07483 Core 8.Main LP 1215 N Bradley Road Spokane,WA 99212 Lars, This follows and concerns our discussions regarding the pricing for the 30”HDPE pipe for the above referenced project. As we've discussed,the resin shortage caused by hurricanes in the late fall of 2020 and the later freeze that hit the southern United States have led to extreme volatility in the HDPE market in 2021 Consequently,manufacturers have been unwilling to lock in pricing for extended periods,and even in some cases when they have committed to pricing have later declared force majeure to pass along extreme cost increases or to excuse performance entirely. In quoting this project,Core &Main attempted to provide as much certainty as possible under these challenging circumstances,by locking in pricing with a vendor for a definite (if short)period,and communicating that deadline in writing,followed by numerous verbal reminders to both DW Excavating and the City of Pasco.Unfortunately,the City was unable to commit within that period,and no agreement was reached based on the original pricing quoted.Instead,a purchase order was agreed to based on pricing available at the time of order. Any purported reliance on the original pricing on the part of the City would be unreasonable.Again,the period for which pricing could be held by the vendor and therefore by Core &Main was expressly communicated to the City,and the underlying circumstances impacting the market and necessitating the short window are and have been well publicized and generally known.The quote also states that it is subject to Core &Main’s standard terms of sale,which in relevant part provide that in the event of manufacturers’shortages,Core &Main is entitled to an adjustment not only in schedule,but also in price.(See paragraph 4.) As a distributor,Core &Main must base its price on the price it pays to manufacturers,and unfortunately in the current market conditions it must pass on increases to its customers when it is not possible to hold pricing.We have done everything we could to communicate these limitations in a Knowledge Experience service,Nationwide® Page 58 of 280 SEE transparent manner,and to keep the increase to a minimum.We have sold the material at very low margins to do so.However,that is the limit to what we are able to do. Please feel free to contact me with any further questions. Core &Main LP 1215 N Bradley Road Spokane,WA 99212 Knowledge Experience Service,Nationwide” Randy Roberdeau District Manager Eastern Washington &Alaska 907-351-4796 Page 59 of 280 Bid Proposal for CUTQUOTECOLUMBIAEASTFORCEMAIN Bid#:1685385 Seqif Qty Description Unlts Price Ext Price i !1‘='M6.-11T 310 i T T smsrsroncemm sym-non 330 5700 e20 IPSTDRT11HTDTPETP!PTE59' T T 339 1.520.ITPSDRTS/.1.1_TTZ§EG4.5TPQZOO 3.49 12 T12631!UPGREENWIRE 35,9 .12 5SMTDBYSPLICE!.<|T T359 24 I2TTTXT§T0TPTlT!CTTTAPE 370 5 g2x1ooo'nawsseweaGREEN 2o2T,Tz,3. §-TOTO §i'§‘~.9 ?'E§‘.x‘ >‘T11~ ” ‘FOR II;-T.ITuTT§9§T4s:Am~e 1235,00’ 0:99294i9oT$DB1iTiPSETL§ADP T 1565,2720"3.1655LAPJQINU-TTToM£snc T T TTT T ooMEsn9Le£TT;9TITuI T .T T T.+s.waT:TKTs.ourArso .V .. 480"o i29"3;6§ssIu.9.1<IrTn9Mes11c_ .T ssr 1.ss_2.TsT4TT o.oo _=I1T1/sTxT1Ts"wzDTBTLTNUTS3!wassas;zoxysTFTLGFFe1rLT9~T<sAs1<ETr.zoPETELECTROFusems.ws I 530 BE!-0Wf!EM|§lMP9BIA|-TEBNTATTE 540 To99MTes11cTLmT9ITNT O.I-0O O3919 !F 426 E _crrvussosas“ E I I 01. 09.458.75.9.00 O~O3':'>“iE% 599*‘9 29"sDRT1T1§siPsBACKINGRTINTGT I 1360.14 6- 005705.7DAYSeureka tramA+T1z;.Ts}160T‘ TT §zba.sT12- soAverasepriceperF1’35-77 “*For reference only -not included in total 02/19/2021 11:23 AM Actualtaxes may vary Page 3 of 9 a' 22;.- L295: 7534. 355. 164 35.48 MAIGORE Page 60 of 280 Invoice #0024267 Invoice Date 4/13/21 10474 COLUMBIA EAST 2105 Date Ordered Date Shipped Customer PO #Job Name Job #Bill of Lading Shipped Via Invoice# 4/08/21 DIRECT Shipped To: DW EXCAVATING INC 000/0000 CAPITAL AVE BETWEENE FOSTER PO BOX 1089 mmoo WELLS RD AND PASCO KAHLOTUS RD DAVENPORT WA 99122 1039 CONTACT:TYLER 509-720-6080 PASCO,WA CUSTOMER JOB-2105 COLUMBIA EAST 0024267 St.Louis,MO 63146 Total Amount Due $148,410.00 1830 Craig Park Court Account #232825 Sales Rep RUSS HOFFMAN Phone #509-547-2410 Branch #305 Pasco,WA .0057005700094lP20ll50 0941P201150 20 IPS DR11 HDPE PIPE 50'5720 5720 43.50000 PT .00 IN LIEU OF 09419201140 BID sEQ#700 0941P201150 20 IPS DR11 HDPE PIPE 50'39633 3060 36573 48.50000 FT 148,410.00 BID SEQ#1010 20 IPS DR1l HDPE.PIPE 50'/15 '.:w(w1~":' con:1'.MAIN PO#-0270975 Product Code Description Ordered ....i,.,.=...B 0 Price UM Extended Price This tznnuction in governed by and subject to core 6 Main‘:standard an:and conditions,which are Lnenzpotacod by reference and accepted. To review these um:and cnndittonn,please visit:http://tandc.coreanan1n.c<n/ ooooo Page : Invoice Total:$148 ,410 .00 Subtotal:148,410 00FreightDeliveryHandlingRestock 00 00 other : Tax : Terms:NET 30 Ordered By:LARS HENDRICKSON BID SEQ?380 CORE &MAIN LP PO BOX 28330 ST.LOUIS,MO 63146 run you £0:the opportunity to save ycui I:appreciate you pxoupt paynant. 4/08/21 Remit To: MAI INVOICE Page 61 of 280 AGENDA REPORT FOR: City Council September 1, 2021 TO: Dave Zabell, City Manager City Council Regular Meeting: 9/7/21 FROM: Debby Barham, City Clerk Administrative & Community Services SUBJECT: Downtown Pasco Development Authority Board Appointment I. REFERENCE(S): Resolution No. 3388 Candidate Application - Council Only II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to confirm the Mayor's appointment of Thomas Granbois to Position No. 1 on the Downtown Pasco Development Authority Board, with the term effective September 7, 2021 to December 20, 2023. III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: The Downtown Pasco Development Authority (DPDA) undertakes and facilitates revitalization efforts in downtown Pasco and oversees the activities and efforts of the Authority's Executive Director. The DPDA Board is composed of seven members and the terms for the seven positions are staggered, each with a specific four-year term cycle. The Board meets on the third Thursday of each month at 4:00 PM. A vacancy was recently created due the relocation of one of the DPDA Boardmember's employer relocating from the downtown. Mr. Granbois submitted his application for appointment to Position No. 1, which was recently vacated due to a board member resignation. A Council subcommittee consisting of Mayor Martinez, Mayor Pro Tem Barajas and Page 62 of 280 Councilmember Maloney interviewed three (3) candidates for the vacant position. After the interviews concluded, Mayor Martinez selected Mr. Granbois to serve on the DPDA Board under Position No. 1, when the unexpired term ends on December 20, 2023. V. DISCUSSION: A sub-committee consisting of Mayor Martinez, and Councilmembers ?, and ? . A Council subcommittee consisting of Mayor Martinez, Mayor Pro Tem Barajas and Councilmember Maloney reviewed applications previously received by qualifying community members interested in serving on the DPDA Board and interviewed three (3) candidates for the vacant position. After the interviews concluded, Mayor Martinez selected Mr. Granbois to serve on the DPDA Board under Position No. 1, for the remainder of the unexpired term which ends on December 20, 2023. Mayor Martinez is seeking Council's concurrence with the appointment of Mr. Granbois to the DPDA Board. Page 63 of 280 RESOLUTION NO. ` A RESOLUTION Providing a Process for Appointments to City Boards and Commissions. WHEREAS, the City of Pasco maintains several citizen advisory boards to assist the delivery of municipal services as well as to advise the City Council in making various policy decisions; and WHEREAS, the appointment process prescribed by the Pasco Municipal Code requires the Mayor to appoint citizens to vacancies on such boards, subject to confirmation of the City Council; and WHEREAS, the Mayor and City Council desire to establish an appointment process which is more collaborative yet efficient for both the applicants and City Council alike;NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DOES RESOLVES AS FOLLOWS: Section 1: Applications for city boards and commissions shall be solicited annually by the City Manager on behalf of the City Council. Section 2: All applications received by the City Manager shall be reviewed by a City Council committee appointed by the Mayor; such committee, to be known as the "Appointment Screening Committee," shall be ad-hoc, appointed annually, and consist of three members, including the Mayor. The Appointment Screening Committee shall select those applicants it deems best suited for the respective board/commission but not more than three applicants for each vacancy to be filled. The Appointment Screening Committee shall consider the following factors in making their selections for further consideration: a) Geographic representation; b) Gender representation; c) Ethnic representation; d) Familial and financial relationships of board members Section 3: Those applicants selected by the Appointment Screening Committee shall be interviewed by the City Council during a public meeting; provided, however, the Screening Committee may recommend reappointment of an incumbent applicant without interview by the City Council if the incumbent has •-- • - - -•served not more than two consecutive• terms since the last interview. At a City Council meeting following such interview, an interviewed candidate shall be selected by the Mayor for appointment to each vacancy. Any candidate selected by the Mayor shall be subject to confirmation vote of the City Council; a majority vote of the quorum present at such meeting shall be required to confirm the Mayor's appointments. Section 4: Any prior resolutions of the City Council in conflict with the provisions of this resolution shall be superseded by this resolution. PAS D by the City Council ity of Pasco at its regular meeting this 16th day of April, 2012. Matt Watkins, Mayor T T: f APP'S AS TO FORM: Debra Clark,City Clerk Leland B. Kerr, City Attorney Page 64 of 280 AGENDA REPORT FOR: City Council September 1, 2021 TO: Dave Zabell, City Manager City Council Regular Meeting: 9/7/21 FROM: Debby Barham, City Clerk Administrative & Community Services SUBJECT: Pasco Public Facilities District Board Reappointment I. REFERENCE(S): Resolution No. 3388 - Process for Appointments to Boards and Commissions Candidate Application Packet - Council Only II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to confirm the Mayor's reappointment of Spencer Jilek to the Pasco Public Facilities District Board to Position No. 3 with a term expiring on July 14, 2025. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: The Pasco Public Facilities District (PPFD) Board is composed of five (5) members with staggering position terms, which are for four (4) years each. The Board oversees operation of the Pasco Public Facilities District and payment of Pasco's share of a special state sales tax grant intended for "regional centers," in partnership with the Kennewick Public Facilities District for the Three Rivers Convention Center. The PPFD has also been tasked to acquire, construct, operate and maintain any qualified public facility. The PPFD was on target to bring a ballot before the Pasco voters in August 2020; however, due to the onset of the COVID-19 pandemic, work towards this effort has been stalled and continue with a new target date scheduled in 2022. Per RCW 35.56.010(3)(a), three of the five PPFD Board members appointees are required to havebeen recommended by a "local organization(s)". Dr. Jilek's Page 65 of 280 application packet includes a letter of recommendation from the Pasco Chamber of Commerce supporting his reappointment to the PPFD Board. Dr. Jilek has served on the PPFD Board since July 2002 and is eligible to be reappointed without the need for an interview per Resolution No. 3388. V. DISCUSSION: Mayor Martinez is seeking Council concurrence for the reappointment of Dr. Jilek to Position No. 3 on the PPFD, for a four-year term ending on July 14, 2025. Page 66 of 280 RESOLUTION NO. ` A RESOLUTION Providing a Process for Appointments to City Boards and Commissions. WHEREAS, the City of Pasco maintains several citizen advisory boards to assist the delivery of municipal services as well as to advise the City Council in making various policy decisions; and WHEREAS, the appointment process prescribed by the Pasco Municipal Code requires the Mayor to appoint citizens to vacancies on such boards, subject to confirmation of the City Council; and WHEREAS, the Mayor and City Council desire to establish an appointment process which is more collaborative yet efficient for both the applicants and City Council alike;NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DOES RESOLVES AS FOLLOWS: Section 1: Applications for city boards and commissions shall be solicited annually by the City Manager on behalf of the City Council. Section 2: All applications received by the City Manager shall be reviewed by a City Council committee appointed by the Mayor; such committee, to be known as the "Appointment Screening Committee," shall be ad-hoc, appointed annually, and consist of three members, including the Mayor. The Appointment Screening Committee shall select those applicants it deems best suited for the respective board/commission but not more than three applicants for each vacancy to be filled. The Appointment Screening Committee shall consider the following factors in making their selections for further consideration: a) Geographic representation; b) Gender representation; c) Ethnic representation; d) Familial and financial relationships of board members Section 3: Those applicants selected by the Appointment Screening Committee shall be interviewed by the City Council during a public meeting; provided, however, the Screening Committee may recommend reappointment of an incumbent applicant without interview by the City Council if the incumbent has •-- • - - -•served not more than two consecutive• terms since the last interview. At a City Council meeting following such interview, an interviewed candidate shall be selected by the Mayor for appointment to each vacancy. Any candidate selected by the Mayor shall be subject to confirmation vote of the City Council; a majority vote of the quorum present at such meeting shall be required to confirm the Mayor's appointments. Section 4: Any prior resolutions of the City Council in conflict with the provisions of this resolution shall be superseded by this resolution. PAS D by the City Council ity of Pasco at its regular meeting this 16th day of April, 2012. Matt Watkins, Mayor T T: f APP'S AS TO FORM: Debra Clark,City Clerk Leland B. Kerr, City Attorney Page 67 of 280 AGENDA REPORT FOR: City Council September 1, 2021 TO: Dave Zabell, City Manager City Council Regular Meeting: 9/7/21 FROM: Richa Sigdel, Finance Director Finance SUBJECT: General Fund Monthly Report - July 2021 I. REFERENCE(S): General Fund Report II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: N/A III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: Attached is the monthly financial update through July 2021 regarding the General Fund, the City's major fund. The administration provides quarterly reports to Council for other non-major funds. V. DISCUSSION: With exception of COVID-19 testing and vaccination efforts undertaken by the City and reimbursed by the Washington State Department of Health and Benton Franklin Health District, there are no major variances to the approved budget anticipated at this date. Staff is monitoring the impacts of COVID -19 on operational costs and new funding opportunities that can help mitigate such efforts, as well as impact to General Fund revenue from continued growth in the building industry and inventory issues in the auto industry. The City received over $8.7 million of the $17.4 million allocated through the American Rescue Plan Act of 2021 on June 8, 2021. The revenue is included in this report. The remainder of the balance is expected to be received later in the Page 68 of 280 year. The funds must be appropriated by December 31, 2024 and expended by December 31, 2026, or subsequently returned to the federal treasury. For more details please visit MRSC American Rescue Plan. Approximately $2,794,000 has been allocated by end of July on various items approved/discussed by the Council. Attached to the financial report is a list of contracts over $100,000 and under $300,000 executed administratively during the month of June. Donations to the City which were received during this reporting period are attached. Page 69 of 280 -$20,000$0$20,000$40,000$60,000$80,000$100,000$120,000Jan 2021Feb 2021Mar 2021Apr 2021May 2021Jun 2021Jul 2021Aug 2021Sep 2021Oct 2021Nov 2021Dec 2021Jan 2022Feb 2022Mar 2022Apr 2022May 2022Jun 2022Jul 2022Aug 2022Sep 2022Oct 2022Nov 2022Dec 2022Thousands2021-2022 Cumulative General Fund Revenue & Expenditures2021-2022 Cumulative Revenue2021-2022 Cumulative Expense7-Yr Avg Revenue7-Yr Avg Expense$8.7M in ARPA FundingPage 70 of 280 Fund NameFund DescriptionReport MonthJuly, 2021Elapsed Time29%2017-2018 Actual2019-2020 Actual2021-2022 Adjusted Budget2021-2022 Actual2021-2022 ProjectedVariance% of Biennial BudgetCommentsRevenuesTaxesProperty 16,316,052 21,767,256 22,947,637 6,611,795 22,947,637 0 29%Sales 30,519,671 35,200,331 34,100,746 8,432,278 34,100,746 0 25% Timing of disbursement from State. Monitoring availability of inventory for construction and vehicles.Utility 18,995,895 22,036,029 22,584,924 5,784,959 22,584,924 0 26%Other 2,551,885 1,745,982 1,922,780 409,515 1,922,780 0 21% Gaming taxes. COVID-19 pandemic will impact revenue in 2021.Licenses & Permits 4,817,955 5,353,309 5,565,781 1,692,704 5,565,781 0 30%Intergovernmental 4,424,573 7,128,607 4,684,217 2,774,183 6,684,217 2,000,000 42% CBC West COVID-19 Testing Site grant reimbursements. ARPA8,732,156 8,732,156 8,732,156 100%Charges Goods & Services 14,318,019 14,759,968 15,641,239 4,577,076 15,641,239 0 29%Fines & Forfeits 1,731,795 1,980,386 2,546,354 516,680 2,546,354 0 20% No variance expected, Revenue is not linear in nature.Miscellaneous 2,388,542 2,153,354 1,455,910 523,595 1,455,910 0 36% No variance expected, Revenue is not linear in nature.Debt & Transfer In 870,298 23,837,412 1,636,290 789,339 1,636,290 0 48% No variance expected, Revenue is not linear in nature.Total Revenues 96,934,685 135,962,634 113,085,878 40,844,278 123,818,034 10,732,156 36%ExpendituresCity Council 236,451 237,480 298,771 65,727 298,771 0 22%Municipal Court 2,962,894 3,247,659 3,770,737 1,011,063 3,770,737 0 27%City Manager 3,344,685 2,807,029 3,631,100 590,380 3,631,100 0 16% Non labor budget that is not linear in nature.Human Resources 0 0 1,724,093 440,564 1,724,093 0 26%Police 33,063,355 34,581,074 37,305,876 10,141,583 37,305,876 0 27%Fire 15,535,448 16,245,559 16,689,415 6,042,996 17,389,415 700,000 35% Expenses related to vaccination site, Administrative & Community Services 14,873,303 15,402,365 19,105,744 5,023,017 19,105,744 0 26%Community & Economic Development 3,664,455 4,719,199 6,364,647 1,978,238 6,364,647 0 31%Finance 4,466,769 5,186,975 5,566,468 1,517,928 5,566,468 0 27%Engineering 3,282,535 3,485,296 2,867,773 811,977 2,867,773 0 28%Library 2,821,444 2,871,017 3,281,856 1,044,073 3,281,856 0 32% Timing of disbursement of funds to library. No variance expected.Non-Departmental 4,820,646 5,150,982 4,789,737 2,799,463 14,821,893 10,032,156 19% CBC West COVID-19 Testing Site activity, expenses reimbursed by BF Health District. ARPA funds.Debt & Transfer Out 5,507,074 22,395,176 11,813,974 3,250,545 11,813,974 0 28% No variance expected if capital projects are on schedule.Total Expenditures 94,579,059 116,329,811 117,210,191 34,717,554 127,942,347 10,732,156 30%Status - LaborStatus - Non LaborAnticipated Future IssueGeneral FundLargest fund within the City portfolio. Taxes are major revenue sources and Public Safety salaries and benefits are major expenses within this fund.Expected to be on track.Expected to be on track.None.Page 71 of 280 Recipient Contract Type Description Contract Amount Amendment Contract Total PBS Engineering & Environmental, Inc. LAG Agreement Court & Road 68 Intersection Improvements - Design165,616 165,616 - - - - City of Pasco DonationsDonated By Donation Type Description ValueResident - Individual Cash K-9 Purchase215 City of Pasco Monthly Tracking Report of Contracts/Purchases Over 100k and Under 300kPage 72 of 280 ARPA LIST$32,463,265ID# Name Assigned to Agency Amount Contact Initiated Accepted Notes Completed? Revenue Replacement?Council or CM Suggested By1 Business Assistance Richa SigdelChamber of Commerce$1,000,000 Yes Yes Contract executed Done NoCouncil ApprovedCouncil2 Utility Assistance Richa SigdelFranklin PUD/City of Pasco$1,000,000 Yes Yes Program started Done NoCouncil ApprovedCouncil3 Utility Assistance Richa Sigdel BDI $110,000 Yes Yes Contract executed Done NoCouncil ApprovedCouncil4 Utility Assistance Richa Sigdel Big Bend Electric $2,700 Yes No Minimal, no interest in program Done No No Need Council5 Downtown Master Planning Jacob Gonzalez City of Pasco $119,000 Yes Yes Contract executed Done NoCM ApprovedCouncil6 Job Training Richa SigdelColumbia Basin CollegeNA Yes Yes All federal funds, awaiting refusal via email Done No No Need Council5 Small Business Development Center Adam Lincoln SBA/WSU $70,000 Yes Yes Discussion with partners ongoing In Progress NoCM ApprovedCouncil6 TBEX Adam Lincoln Visit Tri-Cities $25,000 Yes Yes Contract executed In Progress NoCM ApprovedCM6 Community Resource Specialist Angela Pashon City of Pasco $450,000 Yes Yes Position closed, hiring process started In Progress NoCM ApprovedCouncil7 Mobile Outreach Professional Ken RoskeLourdes/City of Pasco$250,000 Yes YesIn Progress No Council8 Martin Luther King Construction Zach Ratkai City of Pasco $4,000,000 Yes Yes Need to justify education and childcare related construction costs In Progress No Council9 Behavioural Health Care CM OfficeTwo Rivers Behaviroural Health $1,000,000 Yes In Progress CM Office working with other jurisdictions In Progress No Council10 Life Safety CM Office City of Pasco NA No In Progress Program criteria in progress In Progress Depends on QCT or not Council11 Community Health Program Bob Gear City of Pasco $5,556,565 Yes No Proposal submitted to CM In Progress No Council12 Broadband Service Richa Sigdel Franklin PUD NA Yes No Awaiting detailed service maps and cost In Progress No Council13 Street Eatery Zach Ratkai City of Pasco NA Yes In Progress None In Progress No Council14 Boys & Girls Club Building Zach Ratkai Boys & Girls Club NA Yes No ACS working on estimates Not Started No Council15 Generators at Police HQ & City Hall Zach Ratkai City of Pasco $600,000 Yes No None Not Started Yes Staff16 Replacement of Council Equipment Jon Funfar City of Pasco $80,000 Yes No CC and other equipments Not Started Yes Staff17 Project: Zone 3 Transmission Project Steve Worley City of Pasco $3,000,000 Yes No None Not Started No Staff18Project: Zone 3 Reservoir Storage TankSteve Worley City of Pasco $11,700,000 Yes No None Not Started No Staff19Project: West Pasco Water Treatment Plant Expansion - Phase 1Steve Worley City of Pasco $3,500,000 Yes No None Not Started No StaffV:\~ New Sharedrive\GRANTS\COVID\ARPA\[ARPA List 7.26.2021.xlsx]ARPA ListPage 73 of 280 AGENDA REPORT FOR: City Council September 1, 2021 TO: Dave Zabell, City Manager City Council Regular Meeting: 9/7/21 FROM: Rick White, Director Community & Economic Development SUBJECT: Continued Public Hearing and Ordinance - Cox Family Land LLC Annexation (ANX 2021-001) I. REFERENCE(S): Overview Map Proposed Annexation Ordinance Notice of Intent to Commence Annexation Assessor's Certificate of Sufficiency II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: CONTINUED PUBLIC HEARING (OPENED AT 8.16.2021 COUNCIL MEETING) MOTION: I move to adopt Ordinance No. ______, relating to annexation and annexing certain real property to the City of Pasco, and further, authorize publication by summary only. III. FISCAL IMPACT: The addition of $2,275,900.00 to the assessed value of the City , expansion of an existing food industry business and the commensurate responsibility of providing government services to development. IV. HISTORY AND FACTS BRIEF: On June 7, 2021, the City Council passed Resolution No. 4067 accepting a "Notice and Intent" to commence annexation proceedings for the Cox Family Land, LLC annexation area. Following the passage of the Resolution, a final petition was submitted to the City. Page 74 of 280 The petition has been reviewed by the Franklin County Assessor's Office and was determined to be sufficient to constitute a legally acceptable petition under the petition method of annexation. In this case, the Notice of Intent contains the signatures of owners representing 100 percent of the assessed value within the proposed annexati on area, as described and depicted in the proposed ordinance. The next step in the annexation process requires the City Council to conduct a public hearing on the proposed annexation and decide whether to annex the affected property. V. DISCUSSION: The proposed annexation will cause the area in question to be annexed to the City subject to the following conditions: 1. The Pasco Comprehensive Plan will be applicable to the area. 2. The annexation area will assume proportionate and existing bo nded indebtedness (currently there is none). 3. The annexation area will be assigned to City Council District No. 5. The Hearing Examiner conducted a zoning determination hearing for the proposed annexation area on July 14, 2021 and recommended the area be zoned I-1, (Light Industrial). That recommendation will come to Council as a quasi-judicial item (on this agenda) following a decision on this proposed annexation. The proposed annexation area has been identified as the site for a major expansion of an existing industrial user located in Pasco on the west side of US- 395. As the annexation and zoning determination process will result in additional industrial development and job creation within the existing Pasco Urban Growth Area that will be served by municipal utilities, staff recommends Council's approval of the annexation. Page 75 of 280 CITY LIMITS CITY LIMITSUrbanGrowthBoundaryUrban Growth BoundaryBenton County WA, Pasco GIS, Maxar Item: Cox Family Land LLC Annexation Applicant: Cox Family Land LLC File #: ANX 2021-001 Overview Map Page 76 of 280 Ordinance - Cox Family Land LLC Annexation (ANX 2021-001) - 1 FILED FOR RECORD AT REQUEST OF: City of Pasco, Washington WHEN RECORDED RETURN TO: City of Pasco, Washington Attn: City Clerk 525 North 3rd Avenue Pasco, WA 99301 ____________________________________________________________________________ ORDINANCE NO. ________ AN ORDINANCE RELATING TO ANNEXATION AND ANNEXING CERTAIN REAL PROPERTY TO THE CITY OF PASCO. WHEREAS, the City Council of the City of Pasco received a petition application completed by owners of no less than ten (10) percent of certain property, meeting the requirements of RCW 35A.14.120; and WHEREAS, a public meeting on the proposed annexation application was held on June 7, 2021, wherein City Council passed Resolution 4067, accepting the intent to annex and determining the property to be annexed as set forth in Section 1 below (Property); and WHEREAS, the City received a petition signed by not less than sixty (60) percent owners of the Property; and WHEREAS, the petition meets the requirements of RCW 35A.01.040 and has been determined to be sufficient by the Franklin County Assessor; and WHEREAS, notice of the public hearing on the proposed annexation has been published and posted as required by law. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. That the following described area, situated in Franklin County, Washington to- wit: Consisting of Tax Parcels 113-130-450, 113-130-193, 113-130-184, 113-130-166, 113-130-157, 113-130-148, and 113-130-175, described as follows: Page 77 of 280 Ordinance - Cox Family Land LLC Annexation (ANX 2021-001) - 2 A portion of the Northwest Quarter of Section 8, Township 9 North, Range 30 East, WM, described as follows: Beginning at the Southeast corner of the Northwest Quarter of said Section 8; thence West along the South line of the Northwest Quarter of Section 8 to the intersection with the East right-of-way line of us-395; thence Northerly along the East right-of-way line of US-395 to the intersection with the Northerly right-of-way line of Foster Wells Road; thence East along the Northerly right-of-way line of Foster Wells Road to the intersection with the Northerly extension of the West line of Lot 2 Short Plat 96-01; thence South along the said West line of Lot 2 to the Southwest corner thereof; thence East along the South line of Lot 2 the intersection with the West line of Lot 1 of short plat 96-01; thence South along the West line of Lot 1 the to the Southwest corner thereof; thence East along the South line of said Lot 1 and the extension of said line to the intersection with the East right-of-way line of Capitol Ave; thence South along the East right-of-way line of Capitol Avenue to the intersection with the South line of the Northeast Quarter of Section 8; thence West along the South line to the Point of Beginning. Together with and subject to Easements, Reservations, Covenants, and Restrictions, of record and in View, as depicted in the map attached hereto and labeled Exhibit A. Section 2. That the Comprehensive Plan of the City of Pasco be and the same is hereby adopted for the above described tract of land. Section 3. That said tract of land shall not assume proportionate and existing bonded indebtedness of the City of Pasco. Section 4. That said tract of land shall be in Voting District No. 3. Section 5. That a certified copy of this ordinance be and the same shall be filed with the Franklin County Commissioners. Section 6. This Ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. Page 78 of 280 Ordinance - Cox Family Land LLC Annexation (ANX 2021-001) - 3 PASSED by the City Council of the City of Pasco, Washington, this ____ day of ______________, 2021. Saul Martinez Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Published: __________________________ Page 79 of 280 113120368 113120359 113120266 113120275 113130494 113130548 113130551 113120211 113130495 113110311 113100037 113100046 113130102 113130111 113130415 113130344 113130335 113130512113130523 113130450 113130148 113130166 113130175 113130184 113130193 113130157 113130465 113130068 113130432113130441CITY LIMITSCITY LIMITSCITY LIMITS E FOSTER WELLS RD N CAPITOL AVEUS 395 SCAPITOL AVEUS 395 NUrban Growth BoundaryItem: Cox Family Land LLC Annexation Applicant: Cox Family Land LLC File #: ANX 2021-001 "Exhibit A" AnnexaƟon Area Page 80 of 280 Community Development Department PO Box 293, 525 N 3rd Ave, Pasco, WA 99301 P: 509.545.3441 / F: 509.545.3499 25 August 2021 John Rosenau 1016 North 4th Avenue Franklin County Assessor Pasco WA 99301 Dear John: Attached is an annexation petition for the Cox Family Land LLC Annexation. The petition appears to represent at least 60 percent of the value for the area proposed for annexation. Please review the petition for sufficiency in meeting requirements of the petition method of annexation. It is anticipated the City Council will hold a hearing on the proposed annexation on 7 September 2021. Thank you for your timely sufficiency review. Sincerely, �-...... Enclosure: Cox Family Land LLC Annexation Petition Page 81 of 280 PETITION FOR ANNEXATION TO THE CITY OF PASCO TO: The City Council of the City of Pasco 525 North Third A venue Pasco, Washington 99301 The undersigned, being the owners of not less than sixty percent (60%), in value, according to the assessed valuation for general taxation, of the real property described in Exhibit "I" attached hereto, lying contiguous to the City of Pasco, Washington, do hereby petition that such territory be annexed to and made a part of the City of Pasco under the provisions of RCW .35.14.120, et seq., and any amendments thereto, of the State of Washington. The territory proposed to be annexed is within Franklin County, Washington, and is described in Exhibit "I", attached hereto. WHEREFORE, the undersigned respectively petition the Honorable City Council and ask: (a)That appropriate action be taken to entertain this petition, fixing a date for a public hearing, causing notice to be published and posted, specifying the time and place of such hearing, and inviting all persons interested to appear and voice approval or disapproval of such annexation; and, (b)That following such hearing the City Council determine by Ordinance that such annexation shall be effective; and that property so annexed shall become a part of the City of Pasco, Washington, subject to its laws and ordinances then and thereafter enforced. The Petitioners subscribing hereto agree that all property within the territory hereby sought to be annexed shall not assume any existing indebtedness and will not require simultaneous adoption of zoning regulations in accordance with the City Council's acceptance of the Notice of Intention to Commence Annexation as indicated in Resolution No. 4067 as recorded in the 7 June 2021 Council minutes of the City of Pasco, Washington. This Petition is accompanied by and has attached hereto as Exhibit "B" a diagram which outlines the boundaries of the property sought to be annexed. WARNING: Every person who signs this petition with any other than his/her name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he/she is not a legal voter, or signs a petition when he/she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. PRAYER OF PETITION: (I) Annexation of area described and depicted in Exhibits "A" and "B", without (2) assumption of indebtedness of the City of Pasco and without (3) simultaneous adoption of the City of Pasco Zoning Regulations. 1 ·--------··---·--- Page 82 of 280 EXHIBIT "A" Legal Description ANX 2021-001 Cox Family Land LLC Parcels Portion of the Northwest Quarter of Section 8, Township 9 North, Range 30 East, WM, described as follows: beginning at the Southeast corner of the Northwest Quarter of said Section 8; thence West along the South line of the Northwest Quarter of Section 8 to the intersection with the East right-of-way line of US-395; thence Northerly along the East right-of-way line of US-395 to the intersection with the Northerly right-of-way line of Foster Wells Road; thence East along the Northerly right-of-way line of Foster Wells Road to the intersection with the Northerly extension of the West line of Lot 2 Short Plat 96-01; thence South along the said West line of Lot 2 to the Southwest corner thereof; thence East along the South line of Lot 2 the intersection with the West line of Lot 1 of short plat 96-01; thence South along the West line of Lot 1 the to the Southwest corner thereof; thence East along the South line of said Lot 1 and the extension of said line to the intersection with the East right-of-way line of Capitol Avenue; thence South along the East right-of-way line of Capitol Avenue to the intersection with the South line of the Northeast Quarter of Section 8; thence West along the South line to the point of beginning. Page 83 of 280 11311 311 113100037 113130495 113130551 113130465 113130523 113130512 113 00046 1 313010 113130335 113130344 113130415 113130068 Page 84 of 280 Randy Hayden, PO Box 769 Pasco, WA 99301 8/24/21 Page 85 of 280 FRANKLIN COUNTY ASSESSOR JOHN A. ROSENAU -ASSESSOR PIPER MITCHELL CHIEF DEPUTY NIKKI MORGAN-CHIEF APPRAISER Franklin County Assessor 1016 N4th Pasco, WA 99301 Phone: 509-545-3506 Fax: 509-546-5840 Email: jrosenau@co. franklin. wa.us Page 86 of 280 Page 87 of 280 Page 88 of 280 Page 89 of 280 Page 90 of 280 AGENDA REPORT FOR: City Council September 3, 2021 TO: Dave Zabell, City Manager City Council Regular Meeting: 9/7/21 FROM: Rick White, Director Community & Economic Development SUBJECT: Q Public Hearing - Ordinance for Street Vacation: Portion of Rainier Ave. - Big Apple Travel Stop (VAC 2021-002) I. REFERENCE(S): Proposed Ordinance Overview Map Vacation Petition Concept Sketch II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: CONDUCT A PUBLIC HEARING MOTION: I move to adopt Ordinance No._____, vacating a portion of Rainier Avenue, and further, authorize publication by summary only. III. FISCAL IMPACT: None. IV. HISTORY AND FACTS BRIEF: SRB Real Estate Investments, LLC and 2S Investment, LLC, owners of property adjacent Rainier Avenue located just north of E. Kartchner Street, have petitioned for the vacation of approximately 670 linear feet of Rainier Avenue from the intersection of Industrial Way eastward to the end of the road. The Rainer Avenue right-of-way currently divides multiple properties all owned by the applicant. The applicants wish to consolidate the properties in order to develop a travel stop along Industrial Way over the combined parcels. Page 91 of 280 V. DISCUSSION: Under the provisions of Chapter 12.40 of the Pasco Municipal Code (PMC), individuals requesting street vacations may be required to compensate the City for publicly owned right-of-way being vacated. The City Council may waive compensation in whole or in part if one or more of the following conditions apply: 1. The vacation is initiated by the City Council by Resolution; 2. The vacation is at the request of the City; 3. The right-of-way to be vacated was previously determined by the City Council as non-essential to public traffic circulation; 4. The grant of substitute public right-of-way which has a value as a right-of- way at least equal to that right-of-way to be vacated; and 5. The resulting benefit to the community of the project requiring the vacation outweighs the appraised value of the right-of-way to be vacated. The applicant proposes placing a large-volume travel stop at the site, which will serve local and long-haul commercial truckers as well as locals and tourists, and will provide tax revenues to the County and City. Staff's evaluation of this request leads to a recommendation that compensation for the subject right-of-way be waived as condition No. 5 above has been met and recommends approval of the vacation request. Page 92 of 280 Ordinance – VAC 2021-002 Rainier Avenue - 1 FILED FOR RECORD AT REQUEST OF: City of Pasco, Washington WHEN RECORDED RETURN TO: City of Pasco, Washington Attn: City Clerk 525 North 3rd Avenue Pasco, WA 99301 ___________________________________________________________________________ ORDINANCE NO. __________ AN ORDINANCE VACATING A PORTION OF A PORTION OF RAINIER AVENUE. WHEREAS, a qualified petition has been submitted to the City Council of the City of Pasco requesting vacation of certain public rights-of-way within the City of Pasco; and WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City, the City Council may vacate right-of-way; and WHEREAS, a petition for the vacation of a Rainier Avenue has been submitted to the City; and, WHEREAS, the vacation process provided in PMC 12.40.030(c) and 12.40.030(e) require a title report and an appraisal of value and compensation unless waived by the City Council; and, WHEREAS, the applicant seeks vacation of a portion of Rainier Avenue as a part of the final plat approval process for development of a travel stop facility; and, WHEREAS, all steps and procedures required by law to vacate said right-of-way have been duly taken and performed; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That a portion of right-of-way, as depicted in Exhibit “A” be and the same is hereby vacated; That portion of Right of Way for North Rainier Avenue lying within the Northwest Quarter of Section 17, Township 9 North, Range 30 East, W.M. as shown on that Record of Survey filed in Book 4 of Surveys, Page 147, records of Franklin County, Page 93 of 280 Ordinance – VAC 2021-002 Rainier Avenue - 2 Washington, lying east of the east right of way line of Industrial Way as shown on said Record of Survey. Together with that portion of right of way lying southeasterly of said right of way of North Rainer Avenue and lying westerly of the right of way for US Highway 395, and northerly of the north line of Lot 5, Kartchner Industrial Park, according to the Plat thereof recorded in Volume “D” of Plats, Page 91, Records of Franklin County, Washington. Contains 1.056 acres, more or less. Section 2. That a certified copy of this ordinance be recorded by the City Clerk of the City of Pasco in and with the office of the Auditor of Franklin County, Washington. Section 3. This Ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. Passed by the City Council of the City of Pasco, Washington this _____ day of __________ 2021. _____________________________ Saul Martinez Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Published: __________________________ Page 94 of 280 3491586212261 711607637517624INDUSTRIALKARTCHNER TOUS 395US 395 TO KARTCHNERRAINIER0 70 140 210 28035FeetItem: Street Vacation - Section of Rainier AveApplicant: SRB RE Investments, LLC and 2S Investment, LLCFile #: VAC 2021-002Exhibit"A"Page 95 of 280 RAILROAD RAINIERINDUSTRIALKARTCHNE RT O U S 3 9 5 JASONRAINIER KARTCHNER US 395US 395US395TOKARTCHNERK A R T C H N ER TO US395 Benton County WA, Pasco GIS, Maxar, Microsoft 0 210 420 630 840110 Feet 0 210 420 630 840110 Feet Overview Map Item: Street Vacation - Section of Rainier Ave Applicant: SRB RE Investments, LLC and 2S Investment, LLC File #: VAC 2021-002 Page 96 of 280 liib «f� Cityof iii n Community & Economic Development Department 11, .�� S00 PO Box 293, 525 N 3'd Ave, Pasco, WA 99301Q. P: 509.545.3441 / F: 509.545.3499 CITY OF PASCO STREET/ALLEY VACATION PETITION Fee:$300 Master File # Date Submitted: 61812021------ We the undersigned, owners of two-thirds of the privately-owned abutting property, hereby petition the City Council of the City of Pasco to vacate the following described street/alley rights-of-way: Rainier Ave From Industrial Way east to End, approx. 670 linear feet. Applicant/ Owner 1 Owner2 Name: SRB REAL ESTATE INVESTMENTS, LLC Address: 805 W BATTLEFIELD, SPRINGFIELD, MO 65807 Phone: (201)344-2206 Email: 123roadrunners9@gmail.com Signature: �V Name: 2S INVESTMENT, LLC Address: 805 W BATTLEFIELD, SPRINGFIELD, MO 65807 Phone: (201) 344-2206 Email: 123roadrunners Signature: {Please see reverse side) Updated April 2019 Page 97 of 280 Name: Address: Owner3 Phone: Email: Signature: Survey Title Report (if not waived) Fee of $300 Page 98 of 280 WTRHYDAIRDEFTANK F A R M PROPANERVDUMPSTATIONPROPANE155DOG PARK(15' X 50')AIRWTRHYD116.710,000SF27c-store - 37restaurant - 30total = 6796 91518139FUTURE50 TRUCK SPACES (GATED)58 TRUCK SPACES69 AUTO SPACESTRASHCOMPACTOR2.0 ACRES +/-2.25 ACRES +/-306.742.058.042.042.0'DEFWTRHYDAIRDEFDEFWTRHYDAIRDEFDEFAIRDEF3216W/D W/D W/D W/D W/D D/W REACH-INPREPTABLEPREPTABLEREFREACH-IND/W COLDPREPTABLEWHWHPREPTABLEPREPTABLEPREPTABLESALESAREAWOMENMENTRUCKBEERCAVEFA M I L Y CASHIERFOODKITCHENCOFFEEFOUNTAIN DRINKSCOLDCOLDSTORAGEFROZENRASOIKITCHENSHOWERSHOWERSHOWERSHOWERSHOWERLAUNDRYMECH.ADASHOWERRASOIRESTAURANTSTORAGEOFFICELO U N G E & GA M I N G RO O M SLAT WALLFLIP COUNTERW/ GATECONDIMENTSWALK-INWALK-INWALK-INFREEZERWALK-INREF.FOOD UP COUNTERSERVER PREP COUNTERELECBREADINGFRYERFRYERRETHER M OVENGRILL PIZZAOVENDO U G H BAR WAITCONDIMENTSWTRHYDDEFAIRWTRHYDAIRWTRHYDAIRDEFDEFDEFDEFDEFAIRDEFDELIVERIES610510SURVEY BY: ________ DRAWN BY: ________ CHECKED BY: ______ PROJECT #: ________ DATE: ____________ SCALE: ____________ 216 S. MAIN STREET P.O. BOX 1538 JOPLIN, MISSOURI 64802 TEL: 417.624.2333 FAX: 417.624.2441 EMAIL: jbolte@small-arrow.com SMALL ARROW ENGINEERING, LLC. CERTIFICATES OF AUTHORIZATION: MISSOURI: E-2010013647 KANSAS: E-1930 ARKANSAS: 2097 OKLAHOMA: 5937 NOT FOR CONSTRUCTIONSMALL ARROW ENGINEERING, LLC. CERTIFICATES OF AUTHORIZATION: MISSOURI: E-2010013647 KANSAS: E-1930 ARKANSAS: 2097 OKLAHOMA: 5937 JOHN H. BOLTE - PROFESSIONAL ENGINEER MO LIC E22511 OK LIC 18035 KS LIC 14094 AR LIC 14310 PROJECT: _________________________________ SHEET DESC: ______________________________ SHEET: ____________ OF: _____________ This drawing and the details on it are the sole property of the Engineer and may be used for this specific project only. It shall not be loaned, copied or reproduced, or in part, or for any other purpose or project without the written consent of the Engineer. Copyright © 2020 by Small Arrow Engineering, LLC. BIG APPLE TRAVEL CENTERSHWY 395 & KARTCHNER ST INTERCHANGEPASCO, FRANKLIN COUNTY, WACONCEPT PLANGOOGLE EARTH JHB XXXX 03/09/2021 1"=100' BIG APPLE TRAVEL CENTERS CONCEPT PLAN 1 1 TED 0 SCALE: 1" = ' 50 100 200 100 N.T.S.Page 99 of 280 AGENDA REPORT FOR:City Council September 1, 2021 TO:Dave Zabell, City Manager City Council Regular Meeting: 9/7/21 FROM:Rick White, Director Community & Economic Development SUBJECT:Q Ordinance - Cox Family Land LLC Zoning Determination (ZD 2021- 001) I.REFERENCE(S): Overview Map Proposed Zoning Ordinance Hearing Examiner Report Hearing Examiner Recommendation II.ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No. _____, assigning I-1 zoning to the Cox Family Land LLC annexation area as recommended by the Hearing Examiner, and further, authorize publication by summary only. III.FISCAL IMPACT: None IV.HISTORY AND FACTS BRIEF: On 7 June 2021, the City Council passed Resolution No. 3980 accepting a “Notice and Intent” to commence annexation proceedings for the Cox Family Land LLC Annexation Area. On 14 July 2021 the Hearing Examiner held a hearing to consider I-1 (Light Industrial) zoning for the Cox Family Land LLC Annexation Area, in conjunction with the proposed annexation. Following the conduct of a hearing the Hearing Examiner recommended the City Council approve I-1 zoning for the annexation area petition. Page 100 of 280 V.DISCUSSION: The proposed Ordinance will establish I-1 (Light Industrial) zoning for the annexation area providing the Reser's expansion project with a single jurisdiction for processes relating to building construction and provision of utilities. I-1 Zoning for the annexation area is in conformance with the Comprehensive Plan land use designation for the property. The annexation itself is considered by Council through a separate Ordinance. Page 101 of 280 CITY LIMITS CITY LIMITSUrbanGrowthBoundaryUrban Growth BoundaryBenton County WA, Pasco GIS, Maxar Item: Cox Family Land LLC Annexation Applicant: Cox Family Land LLC File #: ANX 2021-001 Overview Map Page 102 of 280 Ordinance – Zoning Determination ZD 2021-001 - 1 ORDINANCE NO. _________ AN ORDINANCE OF THE CITY COUNCIL, OF THE CITY OF PASCO, WASHINGTON, ASSIGNING ZONING TO THE COX FAMILY LAND, LLC ANNEXATION AREA, AS RECOMMENDED BY THE HEARING EXAMINER. WHEREAS, on July 14, 2021, pursuant to PMC 25.220.020, the Hearing Examiner of the City of Pasco conducted a public hearing to develop a recommendation for the assignment of zoning to certain property, as set forth in Section 1 below (Property), in the event the property was incorporated within the City; and WHEREAS, the hearing examiner also recommended approval of the proposed zoning designation after concluding, pursuant to PMC 25.210.060, that the proposal: a) is consistent with the Comprehensive Plan; b) is not materially detrimental to the immediate vicinity; c) has merit and value for the community as a whole; d) does not require conditions or mitigation measures; and e) does not require a concomitant agreement; and Council hereby adopts the hearing examiner’s findings, conclusions and recommendation; and WHEREAS, on September 7, 2021, Ordinance No. ____ effectively annexed the Property to the City of Pasco. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. That the following described area, situated in Franklin County, Washington to- wit: Franklin County Assessor’s Tax Parcels No. 113130193, 113130184, 113130166, 113130157, 113130148, 113130175, 113130450. That portion of the West half of the Northwest quarter, Section 8, Township 9 North, Range 30 East, W.M., defined as follows: Beginning at the West 1/16th corner of said Section; thence North 89°34' West along East/West center section line, 129.7 feet; thence North 13° 17' West along Easterly right of way of Highway 11 (US Highway 395), a distance of 2,419.67’, along the east line of Tracts 1, 2, 3 & 4 to the point of curvature of tangent spiral curve to right a long chord bears North 12° 32' 14" West a distance of 197.04 feet; thence along the spiral curve, a distance of 197.05 feet to a point on the said spiral curve, a long chord bears North 09° 18' 58" West distance of 191.07 feet; thence continuing along said spiral curve a distance of 191.11 feet; thence South 89° 46' 13" East along the North line of said Section 8 and the north line of Tracts 4 and 5 and Short Plat 96-01 a distance of 1712.32; thence South 04˚ 26’ 43” West a distance of 209’ along the east line of Short Plat 96-01; thence South 89˚ 46’ 13” Page 103 of 280 Ordinance – Zoning Determination ZD 2021-001 - 2 East a distance of 209’ along the north line of Short Plat 96-01; thence South 04˚ 26’ 43” West a distance of 31’ along the east line of Short Plat 96-01; thence South 84˚ 40’ 58” East a distance of 208.44’ along the north line of Short Plat 96-01; thence South 04˚ 26’ 43” West 2,456.63’ along the east line of Short Plat 96-01; thence North 89˚ 34’ 46” West a distance of 1,316.34’ along the south line of Short Plat 96-01 to the true point of beginning, together with rights-of-way, and access and utility easements as recorded in the Records of Franklin County, State of Washington; Comprising approximately 115.74 Acres. Situated in Franklin County, Washington. Together with and subject to Easements, Reservations, Covenants, and Rest rictions, of record and in View, as depicted in the map attached hereto and labeled Exhibit A be and the same is hereby assigned I-1 Light Industrial zoning. Section 2. That any and all zoning maps be and the same are hereby amended to conform to the aforesaid assignment of zoning. Section 3. This Ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, this ____ day of _________, 2021. Saul Martinez Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Published: ____________________________ Page 104 of 280 113120368 113120359 113120266 113120275 113130494 113130548 113130551 113120211 113130495 113110311 113100037 113100046 113130102 113130111 113130415 113130344 113130335 113130512113130523 113130450 113130148 113130166 113130175 113130184 113130193 113130157 113130465 113130068 113130432113130441CITY LIMITSCITY LIMITSCITY LIMITS E FOSTER WELLS RD N CAPITOL AVEUS 395 SCAPITOL AVEUS 395 NUrban Growth BoundaryItem: Cox Family Land LLC Annexation Applicant: Cox Family Land LLC File #: ZD 2021-001 "Exhibit A" AnnexaƟon Area Page 105 of 280 REPORT TO HEARING EXAMINER City Hall – 525 North Third Avenue – Council Chambers WEDNESDAY 14 July 2021 6:00 PM 1 MASTER FILE #: ZD 2021‐001 APPLICANT: Cox Family Land LLC 1802 ROAD 76 Pasco WA 99301 REQUEST: Zoning Determination: Development of a zoning recommendation for the Cox Family Land Annexation located near the southwest corner of Foster Wells Road and Capitol Avenue. BACKGROUND 1. PROPERTY DESCRIPTION: Legals: Tax Parcel No. 113‐130‐450: Lot 3, SHORT PLAT 96‐01, according to the survey thereof recorded under Auditor's file NO. 527099. Records of Franklin County, State of Washington. Tax Parcel No. 113‐130‐193: Tract 1, that portion of the West half of the Northwest quarter, Section 8, Township 9 North, Range 30 East, W.M., defined as follows: Beginning at the West 1/16th corner of said Section; thence North 89°34' West along East/West center section line, 129.7 feet; thence North 13° 17' West along Easterly right of way of Highway 11 (US Highway 395), 1,154.31 feet; thence North 76°42' East, 430 feet; thence South 13°17' East, 227.97 feet; thence South 4° 20' West along East line of said West half, 1,004.19 feet to the point of beginning, together with access and utility easement along North and East 30 feet thereof. Records of Franklin County, State of Washington. Tax Parcel No. 113‐130‐184: Tract 2, that portion of West half of the Northwest quarter, Section 8, Township 9 North Range 30 East, W.M., commencing at the West 1/16th corner of said Section; thence North 89°34' West along East/West center Section line 129.7 feet; thence North 13° 17' West along Easterly right of way line of Hwy 11 (US Highway 395), 1,154.11 feet to the true point of beginning; thence continuing North 13°17' West, 510 feet; thence North 76° 42' East, 430 feet; thence South 13° 17’ East, 510 feet; thence South 76° 42' West, 430 feet to the true point of beginning, together with access and utility easements along North and East 30 feet thereof. Records of Franklin County, State of Washington. Tax Parcel No 113‐130‐166: Tract 3, that portion of West half of the Northwest quarter, Section 8, Township 9 North, Range 30 North, W.M. commencing at the West 1/16th corner of said Section; thence North 89° 34' West along East/West center Section line Page 106 of 280 2 129.7 feet; thence North 13° 17' West along Easterly right of way line of Highway 11 (US Highway 395), 1,664.31 feet to the true point of beginning; thence continuing North 13° 17’ West 510 feet; thence North 76° 42' East, 430 feet; thence South 13° 17' East 510 feet; thence South 76° 42' West, 430 feet to the true point of beginning, together with access and utility easement along North and East 30 feet thereof. Records of Franklin County, State of Washington. Tax Parcel No 113‐130‐157: Tract 4, a portion of the West half of the Northwest quarter, Section 8, Township 9 North, Range 30 East, W.M., Franklin County, Washington, lying Easterly of primary State Highway No. 11 (US Highway 395), and more particularly described as follows: Commencing at the West sixteenth corner of said Section 8; thence North 89° 34' 34" West along the East/West center Section line of said Section 8 a distance of 129. 70 feet; thence North 13° 17' 10" West along the Easterly right of way line of Highway No. 11 (US Highway 395), a distance of 2,174.31 feet to the true point of beginning; thence continuing North 13° 17' 10" West a distance of 245 .36 feet to the point of curvature of tangent spiral curve to right a long chord bears North 12° 32' 14" West a distance of 197.04 feet; thence along the spiral curve, a distance of 197.05 feet to a point on the said spiral curve, a long chord bears North 09° 18' 58" West distance of 191.07 feet; thence continuing along said spiral curve a distance of 191.11 feet; thence South 89° 46' 13" East along North line of said Section 8 a distance of 460.00 feet; thence South 00° 13' 47" West a distance of 50.00 feet to a point of curvature of a tangent curve to the left, whose long chord bears North 6° 31' 42" West a distance of 181. 73 feet; thence along the curve a distance of 182.15 feet. Thence South 13° 17' 10" East a distance of 296.41 feet; thence South 76° 42' 50" West a distance of 430.00 feet to the true point of beginning. Containing 5.792 acres gross more or less and subject to access and utility easements along the northerly 30.00 feet and the Easterly 30.00 feet thereof. Tax Parcel No. 113‐130‐148: Tract 5, that portion of the West half of the Northwest quarter, Section 8, Township 9 North, Range 30 East, W.M., defined as follows: Beginning at the West 1/16th corner of said Section; thence North 4° 20' East along the East line of said West half, 2,220.74 feet to the true point of beginning; thence North 89° 46' West, 378.94 feet; thence North 13 ° 17' West, 296.41 to a point of curve of tangent curve to the right, whose long chord bears North 6° 31' West, 181.73 feet; thence along curve, 182.15 feet; thence North 00° 13' East, 50 feet; thence South 89° 46' East along North line of said Section, 536.83 feet; thence South 4° 20' West along East line of said West half, 520 feet to the true point of beginning, subject to access and utility easement along Northerly and Westerly 30 feet thereof. Records of Franklin County, State of Washington. Tax Parcel No. 113‐130‐175: Tract 6 that portion of the West half of the Northwest quarter, Section 8, Township 9 North, Range 30 East, W.M., commencing at the West 1/16th corner of said Section; thence North 4° 20' East along the East line of said West half, 1,004.19 feet to the true point of beginning; thence North 13° 17 West, 1,247.97 feet; thence South 89˚46’ East, 378.94 feet; thence South 4° 20' West along East line of said West half, 1,216.55 feet to the true point of beginning, together with access and utility easement along Northerly and Westerly 30 feet thereof. Records of Franklin County, State of Washington. Page 107 of 280 3 General Location: In the area near the southwest corner of Foster Wells Road and Capitol Avenue. Property Size: Parcel Taxpayer Name Acres 113130193 COX FAMILY LAND LLC 8.30 113130184 COX FAMILY LAND LLC 5.03 113130166 COX FAMILY LAND LLC 5.03 113130157 COX FAMILY LAND LLC 5.81 113130148 COX FAMILY LAND LLC 5.41 113130175 COX FAMILY LAND LLC 8.30 113130450 COX FAMILY LAND LLC 77.85 Total 115.74 2. ACCESS: The site is accessed from Foster Wells Road and Capitol Avenue 3. UTILITIES: Water is available in both Foster Wells Road and Capitol Avenue. Sewer is installed in Capitol Avenue. 4. LAND USE AND ZONING: The site is zoned I‐2 (General Industrial) and is being farmed with two irrigation pivots. Surrounding properties are zoned and developed as follows: NORTH: I‐2 (County) Farming; SFDUs EAST: RR‐5 & AP‐20 (County) Farming; SFDUs SOUTH: I‐1 Industrial; Produce Storage WEST: I‐2 Industrial; Food Processing 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site for Industrial. ANALYSIS On June 7, 2021, the City Council approved a resolution accepting a notice of intent to annex 115.74 acres generally located in the area near the southwest corner of Foster Wells Road and Capitol Avenue. Following acceptance of the Notice of Intent and prior to Council action on an annexation petition, the Hearing Examiner is to hold a zoning determination hearing. The purpose of said hearing is for the Hearing Examiner to recommend appropriate zoning districts for the proposed annexation area in the event it may become part of the City. In determining the most appropriate zoning for the annexation area, the Hearing Examiner needs to consider the existing land uses, nearby development, zoning, policies of the Comprehensive Plan and the Land Use Designations of the Land Use Map. The Hearing Examiner also needs to Page 108 of 280 4 be guided by the criteria in PMC 25.210.060 (as discussed below) in developing a zoning recommendation. The purpose of the annexation is to assist with the expansion of industrial businesses within the area. To maintain consistency with current zoning, land uses, utility planning and the Comprehensive Plan industrial zoning should be applied to the proposed annexation area. The use of the I‐1 Light Industrial zone for the area will allow for future expansion of industrial enterprises. The initial review criteria for considering a rezone application are explained in PMC 25.210.030. The criteria are listed below as follows: (1) The date the existing zone became effective; The current zoning was initiated by the County (No known date). (2) The changed conditions which are alleged to warrant other or additional zoning; • The property is located within the Pasco Urban Growth Boundary. • The property in question is being annexed to the City of Pasco. • Upon annexation the property will need to be zoned. • Considerable utility planning and construction has taken place to support existing and future industrial development within the proposed annexation area. (3) Facts to justify the change on the basis of advancing the public health, safety and general welfare; The property is being annexed to the City and will need to be zoned. The justification for the rezone is the fact that if a zoning designation is not determined the property could become annexed without zoning. For the advancement of the general welfare of the community the property needs to be zoned. (4) The effect it will have on the value and character of the adjacent property and the Comprehensive Plan; Applicant has requested I‐1 zoning for the area; rezoning the property to I‐1 will result in a less intense zoning than the current County I‐2 zoning, but will still allow industrial development in the neighborhood. The nature and value of adjoining properties will not be impacted by retaining industrial zoning in the area. (5) The effect on the property owner or owners if the request is not granted; Without the annexation area being assigned a specific zoning district, the area will essentially be un‐zoned upon annexation. The area needs to be zoned to provide certainty and benefit to the property owners and the adjoining property owners. (6) The Comprehensive Plan land use designation for the property; The Comprehensive Plan Land Use Designation for the property is Industrial. (7) Such other information as the Hearing Examiner requires. Page 109 of 280 5 The site contains approximately 115.74 acres and is located near the southwest corner of Foster Wells Road and Capitol Avenue. Surrounding contiguous properties to the south and west were annexed in 1963 (Ordinance 1078) and 1992 (28760), respectively. The parcels are all located within the Urban Growth Area (UGA); all parcels in the proposed annexation area are designated by the Comprehensive Plan map for industrial development. The Description and Allocation Table of the Comprehensive Plan specifies that Industrial areas allow for Manufacturing, food processing, storage and wholesale distribution of equipment and products, hazardous material storage and transportation related facilities, and are appropriate for I‐1, I‐2 and I‐3 zoning. Criteria for annexation in these areas may include the following: • Port of Pasco properties • Land convenient to rail yards • Land convenient to industrial waste water treatment facility • Land convenient to the regional transportation system • Availability of necessary utilities to serve the use • Relatively level land suitable for heavy building sites The proposed annexation area is within the City’s service area as identified in the Comprehensive Water and Sewer Plans. Land annexed within the area typically adopts the current County zoning designation for that parcel, which is I‐2 (Industrial) for all parcels. However the County does not have I‐1 zoning, so an exact match is not critical. INITIAL STAFF FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Hearing Examiner may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1. Public notice of this hearing was posted in the Tri‐City Herald and sent to property owners within 300 feet of the property on May 7, 2021. 2. The City Council approved a resolution accepting a notice of intent to annex on 7 June 2021. 3. The proposed annexation area comprises 115.74 acres. 4. The site is located near the southwest corner of Foster Wells Road and Capitol Avenue. 5. The current zoning was initiated by the County (No known date). 6. The property is located within the Pasco Urban Growth Boundary. 7. Considerable utility planning and construction has taken place to support existing and Page 110 of 280 6 future industrial development in and around the proposed annexation area. 8. Applicant has requested I‐1 zoning for the area; 9. The Comprehensive Plan Land Use Designation for the property is Industrial. 10. The site contains approximately 115.74 acres. 11. Surrounding contiguous properties to the south and west were annexed in 1963 (Ordinance 1078) and 1992 (28760), respectively. 12. The Comprehensive Plan specifies that Industrial areas allow for a. Manufacturing, b. food processing, c. storage and wholesale distribution of equipment and products, d. hazardous material storage and transportation related facilities, 13. The Comprehensive Plan specifies that Industrial areas allow for I‐1, I‐2 and I‐3 zoning. 14. The proposed annexation area is within the City’s service area as identified in the Comprehensive Water Plan. 15. The proposed annexation area is within the City’s service area as identified in the Comprehensive Sewer Plan. 16. Land annexed within the area typically adopts the current County zoning designation for a parcel. 17. County zoning designation for the site is I‐2 (Industrial) for all parcels. 18. The County does not have I‐1 zoning. 19. Surrounding properties to the south and west are mostly developed with industrial uses. 20. Water is available in both Foster Wells Road and Capitol Avenue. 21. Sewer is available in Capitol Avenue. TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT Before recommending approval or denial of a rezone the Hearing Examiner must develop its conclusions from the findings of fact based upon the criteria listed in PMC 25.210.060 and determine whether or not: 1. The proposal is in accord with the goals and policies of the Comprehensive Plan. Industrial and agricultural related activities have been encouraged to locate in the northeast and eastern sections of the UGA. These areas already contain or are adjacent necessary infrastructure to support industrial land uses. The City and the Port of Pasco have spent many years developing utilities and streets to serve these industrial lands. King City, including the Pasco Processing Center has been designated in City of Pasco Page 111 of 280 7 comprehensive plans as industrial areas for three decades and the continued designation as such will preserve the areas for industrial needs for future generations. 2. The effect of the proposal on the immediate vicinity will not be materially detrimental. Zoning the proposed annexation area I‐1 will cause the site to be consistent with the Comprehensive Plan. 3. There is merit and value in the proposal for the community as a whole. There is merit and value in following the guidance of the Comprehensive Plan when assigning zoning to properties within the community. The Plan has indicated this property should be zoned Industrial. Assigning Industrial zoning will lead to additional employment opportunities for Pasco residents. 4. Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. The proposal is consistent with the Comprehensive Plan and no mitigation measures are needed. Applicant shall be required to install improvements and infrastructure per City of Pasco requirements. 5. A concomitant agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement. A concomitant agreement is not needed. RECOMMENDATION Staff recommends the City Council zone the Cox Family Land Annexation Area to I‐1 as depicted on the proposed zoning map (“Exhibit A”) attached to the June 9, 2021 Hearing Examiner report. Page 112 of 280 CITY LIMITSCITY LIMITS R A IL R OAD4 T H I N D U S T R I A L F OST ER WELLS US 395US 395US395TOKARTCHNERC A P I T O LKART C H N ERTOU S 395Benton County WA, Pasco GIS, Maxar 0 1,000 2,000 3,000 4,000500 Feet 0 1,000 2,000 3,000 4,000500 Feet Item: Cox Family Land LLC Annexation Applicant: Cox Family Land LLC File #: ANX 2021-001/ZD 021-001 Overview Map Annexation Area Annexation Area Page 113 of 280 CITY LIMITSCITY LIMITSCITY LIMITS FOSTER WELLS CAPITOLUS 395US 395INDUSTRIAL Benton County WA, Pasco GIS, Maxar 0 430 850 1,300 1,700210 Feet 0 430 850 1,300 1,700210 Feet Item: Cox Family Land LLC Annexation Applicant: Cox Family Land LLC File #: ANX 2021-001/ZD 021-001 Vicinity Map Annexation Area Annexation Area Page 114 of 280 SFDUs SFDU other SFDU other Food Processing Food Processing Industrial Misc Industrial Misc Commercial Trade Agriculture Agriculture Food Processing Food Processing Agriculture Agriculture Vacant Vacant Vacant VacantCITY LIMITSCITY LIMITSCITY LIMITS E FOSTER WELLS RD N CAPITOL AVEUS 395 SINDUSTR IAL WAYCAPITOL AVEUS 395 N0 430 850 1,300 1,700210 Feet Item: Cox Family Land LLC Annexation Applicant: Cox Family Land LLC File #: ANX 2021-001/ZD 021-001 Land Use Map Annexation Area Page 115 of 280 I-1I-2 I-2 I-2 I-1 RR-5 (County) I-2 (County) AP-20 (County) AP-20 (County)CITY LIMITSCITY LIMITSCITY LIMITS E FOSTER WELLS RD N CAPITOL AVEUS 395 SINDUSTRIAL WAYCAPITOL AVEUS 395 N0 430 850 1,300 1,700210 Feet Item: Cox Family Land LLC Annexation Applicant: Cox Family Land LLC File #: ANX 2021-001/ZD 021-001 Zoning Map Annexation Area Page 116 of 280 Industrial Industrial Industrial Industrial Confederated Tribes - ColvilleCITY LIMITSCITY LIMITSCITY LIMITSUrban Growth BoundaryItem: Cox Family Land LLC Annexation Applicant: Cox Family Land LLC File #: ANX 2021-001 Comp Plan Map Annexation Area Page 117 of 280 Looking North Page 118 of 280 Looking Northeast Page 119 of 280 Looking East Page 120 of 280 Looking Southeast Page 121 of 280 Looking South Page 122 of 280 Looking Southwest Page 123 of 280 Looking West Page 124 of 280 Looking Northwest Page 125 of 280 Site Page 126 of 280 Site Page 127 of 280 Site Page 128 of 280 City of Pasco Hearing Examiner Page 1 of 3 Zoning Determination Recommendation, ZD 2021-001 CITY OF PASCO HEARING EXAMINER FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ZONING DETERMINATION RECOMMENDATION Zoning Determination Recommendation Cox Family Land Annexation ZD 2021-001 August 2, 2021 _______________________________________________ 1. FINDINGS OF FACT 1.1 Proposal. Request for zoning recommendation of I-1 Light Industrial for 115.74 acre annexation area. Location. Near southwest corner of Foster Wells Road and Capitol Avenue. Seven parcels with tax numbers starting as 113130, and ending with 193, 184, 166, 157, 148, 175, and 4501 Applicant. Cox Family Land LLC, 1802 Road 76, Pasco, WA 99301. 1.2 Land Use, Designations, and Rezone Request. The site is being farmed with two irrigation pivots and is within the City’s urban growth area. The City is considering annexing it. The purpose of the annexation is to help expand industrial enterprises within the area. Application of the I-1 Light Industrial zone, which the Applicant requested, would allow for this and is consistent with the Comprehensive Plan’s Industrial designation. This is a less intense zone than the County’s current I-2 (General Industrial) zoning, but still allows for industrial development, and is compatible with surrounding uses and zoning, which include: North: I-2 (County) Farming, Single-Family Homes East: RR-5 & AP-20 (County), Farming, Single-Family Homes South: I-1, Industrial, Produce Storage West: I-2, Industrial, Food Processing 1.3 Annexation. The annexation is not before the Examiner. The Examiner’s zoning determination recommendation will be forwarded to the City Council for the public hearing on the annexation. If annexed, the Council would adopt a separate ordinance zoning the property.2 1.4 Evidence Reviewed. The Examiner admitted the Department’s Staff Report, which attached maps (overview, vicinity, use, zoning, and comprehensive plan), photographs of the surrounding area, and an annexation area map. Except as revised, the Staff Report is incorporated. 1 The Staff Report contains the legal descriptions on pp. 1-2, with tax parcels listed on p. 3. 2 PMC 25.220.020. Page 129 of 280 City of Pasco Hearing Examiner Page 2 of 3 Zoning Determination Recommendation, ZD 2021-001 1.5 Hearing. An open record public hearing was held on July 14, 2021. The hearing was conducted remotely, but with in-person attendance allowed. Access information was available to the public to allow citizens to join via either a video link or telephone call-in, if they elected to not attend in person. There was some video feed connectivity disruption during the hearing. To ensure any citizens who wished to comment could provide input, the record was kept open for a week, through July 21. The Examiner stated that if there were any concerns on comment, or a need to re-open the hearing, comments on same should be submitted during this period. No additional written comments were received. At the hearing, the Department, through Mr. Adams, summarized the proposal. No one from the public indicated a wish to testify. 1.6 Notice. Notice was mailed to property owners within 300 feet and published in the Tri-City Herald.3 No concerns with notice were raised. Notice met code requirements.4 1.7 Written Public Comment. No written public comment was received. 1.8 Utilities. Utility planning and construction has taken place to support new industrial development. Water is available in both Foster Wells Road and Capitol Avenue. Sewer is installed in Capitol Avenue. 1.9 Access. Foster Wells Road and Capitol Avenue. 1.10 Rezone Considerations. A rezone to I-1 implements the Comprehensive Plan, and is in accord with its goals and policies, which encourage economic development and development of lands designated for industrial uses where infrastructure is available.5 The site is suited for light industrial development, and the zoning is compatible with surrounding uses and zoning. 2. CONCLUSIONS The Comprehensive Plan is central is considering zoning associated with an annexation proposal. “The establishment of zoning for annexation areas shall be guided by the land use designations and policies of the Comprehensive Plan.”6 In standard zoning recommendations, the Comprehensive Plan is also central, but other criteria are also considered. (a) The proposal is in accord with the goals and policies of the Comprehensive Plan; (b) The effect of the proposal on the immediate vicinity will be materially detrimental; (c) There is merit and value in the proposal for the community as a whole; 3 Following the hearing, documentation of notice was forwarded to the Examiner. 4 Staff Report, p. 5; PMC 25.210.040 and 25.220.020. 5 See Comprehensive Plan, ED-2 Goal, ED-2-C Policy. 6 PMC 25.220.030. Page 130 of 280 City of Pasco Hearing Examiner Page 3 of 3 Zoning Determination Recommendation, ZD 2021-001 (d) Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal; (e) A concomitant agreement should be entered into between the City and the petitioner, and, if so, the terms and conditions of such an agreement.7 The initial zoning petition has additional requirements, which the Staff Report details, which focus on the rationale for the zone change, including changed conditions, consistency with the public, health safety and welfare, the effect on adjoining properties and on the property owner (if not granted), and the Comprehensive Plan designation.8 These considerations ensure there is adequate information before the Examiner. These details were provided. As the Findings detail, the rezone follows the criteria for a rezone associated with an annexation, and the standard rezone criteria. The proposed zoning is consistent with the Comprehensive Plan Land Use Map. The rezone allows uses in keeping with Plan objectives to accommodate planned industrial growth within the City. There is no material detriment to the area. Due to the City's existing regulatory structure and future project-level review, including for transportation, noise and dust impacts, there is no need for a concomitant agreement. There will be impacts, but that is the function of moving into an urbanizing environment within an incorporated City, under the Growth Management Act, Ch. 36.70A RCW. Should annexation proceed, the Examiner’s zoning recommendation determination is that the requested zoning is consistent with the City’s rezone criteria and should be applied to the properties. RECOMMENDATION The Hearing Examiner’s zoning determination recommendation is approval of the rezone to the City’s I-1 Light Industrial zone. RECOMMENDATION entered August 2, 2021. ______________________________ City of Pasco Hearing Examiner Susan Elizabeth Drummond 7 PMC 25.210.060; PMC 2.50.080. 8 Staff Report, pp. 4-5; PMC 25.210.030. Page 131 of 280 AGENDA REPORT FOR: City Council August 4, 2021 TO: Dave Zabell, City Manager City Council Regular Meeting: 9/7/21 FROM: Ken Roske, Police Chief Police Department SUBJECT: Ordinance - PMC Addition - Wheeled All-Terrain Vehicles (WATV) I. REFERENCE(S): Ordinance - Wheeled All-Terrain Vehicles (WATV) Power Point Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Motion: I move to adopt Ordinance No._____, creating a new Chapter 10.100 "Wheeled All-Terrain Vehicles" within the Pasco Municipal Code and, further, authorize publication by summary only. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: RCW 46.09 authorizes cities to approve the operation of Wheeled All -terrain Vehicles the by authorized when upon public local (WATV) roadways municipality’s legislative body through an ordinance. City Council and the Pasco Police Department alike have received inquiries from citizens to adopt RCW 46.09.455, allowing the use of WATV upon City roadways. The City of Kennewick and City of West Richland have adopted the use of WATV and they neither report an adverse impact on public safety or roadway use. V. DISCUSSION: Staff recommends adopting the proposed Ordinance adding PMC Section 10.100 related to Wheeled All-Terrain Vehicles. Page 132 of 280 Over the past several years this item has been discussed multiple times by the Pasco City Council, most recently at the August 9, 2021 Council Workshop meeting. Page 133 of 280 Ordinance Creating PMC Chapter 10.100 WATV - 1 ORDINANCE NO. _______ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, CREATING A NEW CHAPTER 10.100 “WHEELED ALL-TERRAIN VEHICLES” WITHIN THE PASCO MUNICIPAL CODE. WHEREAS, pursuant to RCW 46.09.455(1)(d)(i) a person may not operate a wheeled all- terrain vehicle (WATV) within the city limits unless the city has approved the operation of a WATV along public roadways within the city, excluding non-highway roads and trails; and WHEREAS, pursuant to RCW 47.17 WATVs may not be operated along state highways excluding that portion of a segment of a state highway running through the city limits and the speed limit is thirty-five miles per hour or less; and WHEREAS, the operator of a WATV may not cross at an uncontrolled intersection of a public highway listed under RCW 47.17; and WHEREAS, City of Pasco staff will, pursuant to RCW 46.09.455(1)(d)(ii) list the public roadways within the City that are suitable to WATV operation; and WHEREAS, those listed public roadways will be accessible through the City of Pasco website as required by RCW 46.09.455(1)(d)(ii); and WHEREAS, the City Council for the City of Pasco finds that it is in the best interest of the City of Pasco to make provision for the operation of WATVs along the public roadways within the City limits. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. A new Chapter 10.100 entitled “Wheeled All-Terrain Vehicles” of the Pasco Municipal Code shall be and hereby is created and shall read as follows: Chapter 10.100 WHEELED ALL-TERRAIN VEHICLES Sections: 10.100.010 Definitions. 10.100.020 Use of Wheeled All-Terrain Vehicle on City Streets. 10.100.030 Restrictions on Use of Wheeled All-Terrain Vehicle on City Streets. 10.100.040 Equipment Requirements of a Wheeled All-Terrain Vehicle. 10.100.050 Registration Requirements of a Wheeled All-Terrain Vehicle. 10.100.060 Duty to Obey Traffic-Control Devices and Rules of the Road. Page 134 of 280 Ordinance Creating PMC Chapter 10.100 WATV - 2 10.100.070 Prohibited Uses. 10.100.080 Prohibited Areas. 10.100.090 Violation—Penalty. 10.100.100 Severability. 10.100.010 Definitions. When used in this chapter, the City defines the words and phrases listed below as follows: "City" means the City of Pasco, Washington, its elected officials, its employees, and its agents. "City Street" means every way, lane, road, street, boulevard, and every way or place in the City open as a matter of right to public vehicular traffic inside the city limits. "Motorcycle Helmet" has the same meaning as provided in RCW 46.37.530. "Rules of the Road" means all the rules that apply to vehicle or pedestrian traffic as set forth in state statute, rule or regulation. "Sidewalk" means that property between the curb lines or the lateral lines of a city street and the adjacent property, set aside and intended for the use of pedestrians or such portion of private property parallel and in proximity to a city street and dedicated to use by pedestrians. "Wheeled All-Terrain Vehicle" or "WATV" means: (1) A utility-type vehicle designed for and capable of travel over designated roads that travels on four or more low-pressure tires of 20 psi or less, has a maximum width less than 74 inches, has a maximum weight less than 3,000 pounds, has a wheelbase of 120 inches or less, and satisfies at least one of the following: (a) Has a minimum width of 50 inches; (b) Has a minimum weight of at least 900 pounds; or (c) Has a wheelbase of over 61 inches; (d) Has a steering wheel for steering control; and (e) Has non-straddle seating with the operator and passenger sitting side by side in the vehicle manufactured primarily for recreational nonhighway all-terrain use. Page 135 of 280 Ordinance Creating PMC Chapter 10.100 WATV - 3 10.100.020 Use of Wheeled All-Terrain Vehicle on City Streets. Subject to the restrictions and requirements set forth in this chapter, a person who has attained the age of eighteen (18) years and who has a valid driver's license issued by the state of the person's residence may operate a wheeled all-terrain vehicle upon a city street having a speed limit of 35 miles per hour or less. 10.100.030 Restrictions on Use of Wheeled All-Terrain Vehicle on City Streets. (1) Any person who operates or rides as a passenger in a wheeled all -terrain vehicle must wear a securely fastened motorcycle helmet while the WATV is in motion, unless the WATV is equipped with roll bars or an enclosed passenger compartment; (2) Any person who operates or rides as a passenger in a wheeled all -terrain vehicle must wear a securely fastened seat belt as required in RCW 46.61.688(3). Passengers less than 16 years of age are required to be restrained as defined in RCW 46.61.687; (3) No passengers under the age of five (5) years of age may be transported in a wheeled all-terrain vehicle; (4) A person may not operate a wheeled all-terrain vehicle upon a city street with a speed limit in excess of 35 miles per hour; however, a person may cross a city street with a speed limit in excess of 35 miles per hour at a controlled intersection if the crossing begins and ends on a city street with a speed limit of 35 miles per hour or less and occurs at an intersection of approximately 90 degrees; (5) A person may operate a wheeled all-terrain vehicle upon any city street while being used under the authority or direction of an appropriate agency that engages in emergency management, as defined in RCW 46.09.310, or search and rescue, as defined in RCW 38.52.010, or a law enforcement agency, as defined in RCW 16.52.011, within the scope of the agency's official duties; (6) Wheeled all-terrain vehicles are subject to Chapter 46.55 RCW; and (7) No person may operate a wheeled all-terrain vehicle upon a city street without having proof of current liability insurance with liability limits of at least the amounts provided in and in compliance with the requirements as set forth in RCW 46.29.090, as now enacted or hereafter amended. Written proof of such financial responsibility must be provided on the request of a law enforcement officer. 10.100.040 Equipment Requirements of a Wheeled All-Terrain Vehicle. A wheeled all-terrain vehicle operated on a city street must comply with the following equipment requirements: Page 136 of 280 Ordinance Creating PMC Chapter 10.100 WATV - 4 (1) Headlights meeting the requirements of RCW 46.37.030 and 46.37.040 and used at all times when the vehicle is in motion; (2) Two tail lamps meeting the requirements of RCW 46.37.070(1) and to be used at all times when the vehicle is in motion upon a city street; (3) A stop lamp meeting the requirements of RCW 46.37.200; (4) Reflectors meeting the requirements of RCW 46.37.060; (5) During hours of darkness, as defined in RCW 46.04.200, turn signals meeting the requirements of RCW 46.37.200; (6) Outside of hours of darkness, the operator must comply with RCW 46.37.200 or 46.61.310; (7) Two mirrors meeting the requirements of RCW 46.37.400; (8) A windshield meeting the requirements of RCW 46.37.430, unless the operator wears glasses, goggles, or a face shield while operating the vehicle, of a type conforming to rules adopted by the Washington State Patrol; (9) A horn or warning device meeting the requirements of RCW 46.37.380; (10) Brakes in working order; (11) A spark arrester and muffling device meeting the requirements of RCW 46.09.470; (12) Seatbelts meeting the requirements of RCW 46.37.510; and (13) Must have an individual seat for each occupant designed to seat a person. 10.100.050 Registration Requirements of a Wheeled All-Terrain Vehicle. A wheeled all-terrain vehicle operated on a city street must comply with all the registration requirements of Chapter 46.09 RCW. 10.100.060 Duty to Obey Traffic-Control Devices and Rules of the Road. Unless a police officer directs otherwise, a person operating a wheeled all-terrain vehicle must obey all rules of the road that apply to vehicle or pedestrian traffic and must obey the instructions of official traffic-control signals, signs, and other control devices applicable to vehicles. A person operating a wheeled all-terrain vehicle upon a city street is subject to all of the duties that Chapter 46.61 RCW et seq. imposes on an operator of a vehicle, except as to those provisions thereof which by their nature can have no application. Page 137 of 280 Ordinance Creating PMC Chapter 10.100 WATV - 5 10.100.070 Prohibited Uses. (1) No person may operate or ride a wheeled all-terrain vehicle in a negligent or unsafe manner, but must operate it with reasonable regard for his or her own safety and for the safety of others. (2) No person may occupy a wheeled all-terrain vehicle unless that person is seated in a seat designed to carry a person. (3) No persons may operate two or more wheeled all-terrain vehicles side-by-side in a single lane of traffic. 10.100.080 Prohibited Areas. (1) It is unlawful to operate a wheeled all-terrain vehicle on a sidewalk or other area where it is unlawful to operate a motor vehicle. (2) It is unlawful to operate a wheeled all-terrain vehicle upon any city park bike paths, trails, walkways, etc. except for city maintenance staff, other than in areas designated for motor vehicle operation. (3) It is unlawful to operate a wheeled all-terrain vehicle on any bicycle trail or walking path or in any bicycle lane. 10.100.090 Violation—Penalty. A person who violates a provision of this chapter is guilty of a traffic infraction and will be punished by the imposition of a monetary penalty not to exceed $250.00, exclusive of statutory assessments; provided, that conduct that constitutes a criminal offense may be charged as such and is subject to the maximum penalties allowed for such offenses. 10.100.100 Severability. If any section, subsection, sentence, clause, paragraph, phrase, or word of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, paragraph, phrase or word of this chapter. Section 2. This ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. Page 138 of 280 Ordinance Creating PMC Chapter 10.100 WATV - 6 PASSED by the City Council of the City of Pasco, Washington, this ______ day of ______________, 2021. _____________________________ Saul Martinez Mayor ATTEST: APPROVED AS TO FORM: ______________________________ ____________________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Published: _____________________________ Page 139 of 280 Pasco City Council Meeting September 7, 2021Page 140 of 280 Wheeled All-Terrain Vehicle What is legal… A utility-type vehicle designed for and capable of travel over designated roads that travels on four or more tires…has a maximum width less than 74 inches,has a maximum weight less than 3,000 pounds,has a wheelbase of 120 inches or less,and satisfies at least one of the following: (a)Has a minimum width of 50 inches; (b)Has a minimum weight of at least 900 pounds;or (c)Has a wheelbase of over 61 inches; (d)Has a steering wheel for steering control;and (e)Has non-straddle seating with the operator and passenger sitting side by side in the vehicle manufactured primarily for recreational nonhighway all-terrain use.Page 141 of 280 Wheeled All-Terrain Vehicle Not legal… Dune buggies Snowmobiles golf carts ATV’sPage 142 of 280 Wheeled All-Terrain Vehicle Restrictions on Use… •Only on City Streets with speed limits less than 35mps •Must wear a seatbelt or approved helmet •Proof of liability insurance •18 years and older, with a valid drivers licensePage 143 of 280 Equipment Needed… o Head lamp –used whenever you're driving on a road. o Tail lamp o Stop lamp o Turn signals o Brakes o Mirrors o Horn o Spark arrester and muffling device meeting RCW 46.09.470 o Windshield. unless the driver wears glasses, goggles, or a face shield Wheeled All-Terrain Vehicle Page 144 of 280 Wheeled All-Terrain Vehicle Licensing Requirements… •Inspected by a Washington licensed WATV dealer or repair shop. They will complete the Wheeled All-Terrain Vehicle Road Use Declaration form. •Once inspected, go to any vehicle licensing office for on-road license.Page 145 of 280 Wheeled All-Terrain Vehicle Questions Page 146 of 280 AGENDA REPORT FOR: City Council September 2, 2021 TO: Dave Zabell, City Manager City Council Regular Meeting: 9/7/21 FROM: Rick White, Director Community & Economic Development SUBJECT: *Q Ordinance - Columbia Riverwalk Apartments properties R-3 and I-1 to R-4 (Z 2021-009) I. REFERENCE(S): Proposed Ordinance Report to Hearing Examiner Dated: August 11, 2021 Hearing Examiner Recommendation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No. ____, rezoning Lots 1 through 6 of Short Plat 2020-29, records of Franklin County, Washington from R-3 and I-1 to R-4. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: On August 11, 2021, the Hearing Examiner held a public hearing to consider a request to rezone Lots 1 through 6 of Short Plat 2020 -29 from R-3 and I-1 to R- 4 Examiner Hearing the hearing, public Following of conduct the the recommended approval of the applicant's request for a rezone from R-3 (Medium-Density Residential) and I-1 (Light Industrial) to R-4 (High-Density Residential). V. DISCUSSION: Page 147 of 280 The recently updated Comprehensive Plan has designated the site “Mixed Residential/ Commercial.” The “Mixed Residential/Commercial” designation allows for R-4 zoning and may be developed with multi-family units. Residential density may range from 5 to 29 dwelling units peracre in the “Mixed Residential/Commercial” designation. The rezone request and its intended use are consistent with the Comprehensive Plan Land Use Map designation. Page 148 of 280 Ordinance – Rezone Z 2021-009 - 1 FILED FOR RECORD AT REQUEST OF: City of Pasco, Washington WHEN RECORDED RETURN TO: City of Pasco, Washington Attn: City Clerk 525 North 3rd Avenue Pasco, WA 99301 ____________________________________________________________________________ ORDINANCE NO. _______ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON REZONING LOTS 1 THROUGH 6 OF SHORT PLAT 2020-29, SECTION 36, TOWNSHIP 9 NORTH, RANGE 29 EAST, W.M. RECORDS OF FRANKLIN COUNTY, WASHINGTON, AND THAT PORTION OF BLOCKS 6, 13 AND 14, AND OF VACATED LENA AND RIVER STREETS ADJOINING, IN OAKLEY’S RIVERFRONT ADDITION, ACCORDING TO PLAT THEREOF RECORDED IN VOLUME “B” OF PLATS, PAGE 34, LYING SOUTH OF A LINE DISTANT 350 FEET SOUTH OF THE SOUTH LINE OF “A” STREET, AND PARALLEL WITH SAID SOUTH LINE, EXCEPT ANY PORTION THEREOF DEEDED TO THE UNITED STATES OF AMERICA BY DEED RECORDED UNDER AUDITOR’S FILE NO. 139346, RECORDS OF SAID COUNTY (PARCELS NOS. 119740031, 119740032, 119740033, 119740034, 119740035, 119740036, AND 112330120) FROM R-3 AND I-1 TO R-4. WHEREAS, the petitioner seeks to rezone seven parcels owned by petitioner and located near the southwest corner of South 20th Avenue and West “A” Street in Pasco, Washington; and WHEREAS, a complete and adequate petition for change of zoning classification meeting the standards of PMC 25.210.030 was received by the City and, after notice was issued under PMC 25.210.040, an open record hearing was conducted by the Pasco Hearing Examiner upon such petition on the 11th day of August 2021; and WHEREAS, based upon substantial evidence and demonstration of the Petitioner that: (a) the proposal is in accord with the goals and policies of the adopted Comprehensive Plan; (b) the effect of the proposal on the immediate vicinity is not materially detrimental; (c) there is merit and value in the proposal for the community as a whole; (d) the rezone application and anticipated development are subject to the regulations and requirements of the Pasco Municipal Code and the City of Pasco Design and Constructions Standards; and (e) a concomitant Page 149 of 280 Ordinance – Rezone Z 2021-009 - 2 agreement is not required under these circumstances, the Hearing Examiner developed the above findings in accordance with PMC 25.210.060 and has recommended to approve the rezone, which findings and recommendation are hereby adopted by the City Council and the Hearing Examiner Report is hereby incorporated by this reference as Exhibit B. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The Zoning Ordinance for the City of Pasco, Washington, and the Zoning Map, accompanying and being part of said Ordinance shall be and hereby is changed from R-3 (Medium-Density Residential) and I-1 (Light Industrial) to R-4 (High-Density Residential) for the real property as shown in Exhibit A attached hereto and described as follows: Lots 1 through 6 of Short Plat 2020-29, Section 36, Township 9 North, Range 29 East, W.M. records of Franklin County, Washington, and that portion of Blocks 6, 13 and 14, and of vacated Lena and River Streets adjoining, in Oakley’s Riverfront Addition, according to plat thereof recorded in Volume “B” of Plats, page 34, lying south of a line distant 350 feet south of the south line of “A” Street, and parallel with said south line, except any portion thereof deeded to the United States of America by deed recorded under Auditor’s File No. 139346, records of said County (Parcels Nos. 119740031, 119740032, 119740033, 119740034, 119740035, 119740036, and 112330120). Section 2. This Ordinance shall take full force and effect five (5) days after its approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, this ____ day of ________, 2021. Saul Martinez Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Published _______________________________ Page 150 of 280 COLUMBIA RIVERCOLUMBIA RIVERCITY LIMITSS 18TH AVES 20TH AVES 22ND AVES 19TH AVES 23RD AVEW A ST0 210 420 630 840110Feet"Exhibit A"Item: Columbia Riverwalk Apartments - Rezone R-3 & I-1 to R-4Applicant: Rigoberto RangelFile #: Z 2021-009Page 151 of 280 PUBLIC HEARING City Hall – 525 North Third Avenue – Council Chambers DATE: WEDNESDAY, 11 August 2021 6:00 PM 1 MASTER FILE #: Z 2021‐009 APPLICANT: Rigoberto Rangel 5804 Rd 90 Suite D. Pasco, WA 99301 REQUEST: REZONE: Columbia Riverwalk Apartments properties from R‐3 and I‐1 to R‐4 BACKGROUND 1. PROPERTY DESCRIPTION: Legal: Lots 1 through 6 of Short Plat 2020‐29, Section 36, Township 9 North, Range 29 East, W.M. records of Franklin County, Washington (Parcels 119740031, 119740032, 119740033, 119740034, 119740035, 119740036); and that portion of Blocks 6, 13 and 14, of vacated Lena and River Streets adjoining, in Oakley’s Riverfront Addition, according to plat thereof recorded in Volume “B” of Plats, page 34, lying south of a line distant 350 feet south of the south line of “A” Street, and parallel with said south line, except any portion thereof deeded to the United States of America by deed recorded under Auditor’s File No. 139346, records of said County (Parcel 112330120). General Location: Generally located near the corner of South 20th Avenue and West “A” Street in Pasco, WA. Property Size: 10.51 acres (457,934.40 square feet). Parcel Sq. Ft. Acres Zoning 119740031 46,681.00 1.07 R‐3 119740032 66,156.00 1.52 R‐3 119740033 42,656.00 0.98 R‐3 119740034 46,010.00 1.06 R‐3 119740035 111,513.60 2.56 R‐3 119740036 52,135.00 1.20 R‐3 112330120 92,782.80 2.13 I‐1 Total 457,934.40 10.51 2. ACCESS: The parcels have access from South 20th Avenue and/or West “A” Street. 3. UTILITIES: Existing water and sewer utilities in South 20th Avenue and West “A” Street. Page 152 of 280 2 4. LAND USE AND ZONING: Two of the lots are developed; six are zoned R‐3 (Medium‐ Density Residential) one is zoned I‐1 (Light Industrial). Surrounding properties are zoned and developed as follows: NORTH: R‐1‐A‐2 and I‐1 Mobile Homes and Industrial Uses EAST: I‐1 Industrial Uses SOUTH: I‐1 USACE Levee WEST: I‐1 Industrial Uses 5. Comprehensive Plan: The Comprehensive Plan has recently been updated and approved by City Council; the lots have been designated “Mixed Residential/Commercial.” The “Mixed Residential/Commercial” designation allows for R‐1 through R‐4, C‐1, and O, as well as Waterfront zoning; this Land Use designation allows a combination of mixed‐use residential and commercial in the same development, and uses may include single‐family dwellings, patio homes, townhouses, apartments, and condominiums. Residential densities may range between 5 to 29 dwelling units per acre. The designation anticipates neighborhood shopping and specialty centers, business parks, service and office uses. 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based on the State Environmental Policy Act (“SEPA”) checklist, Comprehensive Plan, applicable regulations, and other information, a threshold determination resulting in a Determination of Non‐Significance (DNS) was issued on 8 July 2021 for this project under WAC 197‐11‐158. ANALYSIS Request Rigoberto Rangel has submitted an application to rezone Parcels 119740031, 119740032, 119740033, 119740034, 119740035, 119740036, located west of 20th Avenue and south of West “A” Street, and Parcel 112330120 located east of 20th Avenue and south of West “A” Street in Pasco, WA, from R‐3 (Medium‐Density Residential) and I‐1 (Light Industrial) to R‐4 (High‐density Residential). Applicant anticipates developing apartments similar to the two recently constructed buildings on the site. Site The site has frontage access on South 20th Avenue and West “A” Street and contains approximately 10.51 acres (457,934.40 square feet). The recently updated Comprehensive Plan has designated the site “Mixed Residential/ Commercial.” The “Mixed Residential/Commercial” designation allows for R‐4 zoning and may be developed with apartments. Residential density may range from 5 to 29 dwelling units per acre in the “Mixed Residential/Commercial” designation. The rezone request and its intended use are consistent with the Comprehensive Plan Land Use Map designation. Page 153 of 280 3 History The site was annexed into the City in 1962 and zoned for industrial uses. Later the property was designated as “Open Space/Nature” due to its proximity to the Columbia River. In 1996, a Comprehensive Plan Amendment passed which resulted in a designation change to “Mixed Residential.” The City has recently approved a major update to its Comprehensive Plan. The revised Land Use Element of the approved Plan designated the site “Mixed Residential/Commercial.” Applicant is seeking to rezone the property to R‐4 to allow for the construction of a middle‐ to high‐income apartment complex consisting of up to 200 residential units. The R‐3 zoning designation would allow only approximately 122 units. This property provides the opportunity for development which will benefit from the proximity and/or access to the Columbia River. In the event of approval of the rezone, the applicant intends to develop the site with as many as three apartment buildings that will have riverfront views and bike path access. During the time of development, the City also requires full improvement of right‐of‐way including curb, gutter, and sidewalk. The site is located on an arterial street which is favorable for future residents and visitors of the proposed development. Rezone Criteria The initial review criteria for considering a rezone application are explained in PMC 25.210.030. The criteria are listed below as follows: 1. The date the existing zone became effective: The site was rezoned from I‐1 (Light Industrial) to R‐3 (Medium‐Density Residential) in 2018 (Ordinance 4396). 2. The changed conditions, which are alleged to warrant other or additional zoning: City Council approved an update to the Comprehensive Plan this year; The Land Use Element of the Plan now designates the site “Mixed Residential/Commercial.” Applicant has developed one 60‐unit and one 48‐unit apartment building on the site (Parcels 119740035 and 119740031, respectively). The “Mixed Residential/Commercial” designation allows for R‐4 zoning and may be developed with apartments. Residential density may range from 5 to 29 dwelling units per acre in the “Mixed Residential/Commercial” designation. 3. Facts to justify the change on the basis of advancing the public health, safety and general welfare: The rezone application and proposal are consistent with the Pasco Comprehensive Plan, which has been determined to be in the best interest of advancing public health, safety, and general Page 154 of 280 4 welfare of the community. The rezone would allow for residential density between 5 to 29 dwelling units per acre in the “Mixed Residential/Commercial” designated area. 4. The effect it will have on the value and character of the adjacent property and the Comprehensive Plan: A change in zoning classification would likely result in the development of apartments, which are appropriate for this area, in alignment with the Land Use Element of the Comprehensive Plan. The rezone application is consistent with and meets the intent of the newly revised and approved goals and policies of the Comprehensive Plan. 5. The effect on the property owner or owners if the request is not granted: If the property remains with the current zoning designations the balance of the R‐3‐zoned parcels would likely remain vacant due to the density limits of the current zoning designation. The I‐I zoned parcel to the east of 20th avenue, which has been a nuisance property for many years, would likely remain vacant, overgrown, and continue to attract nuisance activities. 6. The Comprehensive Plan land use designation for the property The City Council has recently approved an update to the Comprehensive Plan; The Land Use Element of the Plan now designates the site “Mixed Residential/Commercial.” The “Mixed Residential/Commercial” designation allows for R‐4 zoning and may be developed with apartments. 7. Such other information as the Hearing Examiner requires The rezone application is consistent with and meets the intent of the Comprehensive Plan, and City Council Goals on housing. The opportunity for additional high‐density residential uses in this area supports the Land Use Element of the Comprehensive Plan. STAFF FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Hearing Examiner may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1. Public notice of this hearing was sent to property owners within 300 feet of the property and posted in the Tri‐City Herald on 20 July 2021. 2. Applicant wishes to rezone Parcels 119740031, 119740032, 119740033, 119740034, 119740035, and 119740036, from R‐3 (Medium‐Density Residential) to R‐4 (High‐ density Residential). 3. Applicant wishes to rezone Parcel 112330120 from I‐1 (Light Industrial) to R‐4 (High‐ density Residential). 4. Parcels 119740031, 119740032, 119740033, 119740034, 119740035, and 119740036, are located west of 20th Avenue and south of West “A” Street. Page 155 of 280 5 5. Parcel 112330120 is located east of 20th Avenue and south of West “A” Street. 6. Applicant anticipates developing apartments similar to the two recently constructed buildings on the site. 7. The site has frontage access on South 20th Avenue and West “A” Street. 8. The site contains approximately 10.51 acres. 9. The Comprehensive Plan has designated the site “Mixed Residential/ Commercial.” 10. The “Mixed Residential/Commercial” designation allows for R‐4 zoning. 11. The “Mixed Residential/Commercial” designation may be developed with apartments. 12. The “Mixed Residential/Commercial” designation allows for densities from 5 to 29 dwelling units per acre. 13. The rezone request is consistent with the Comprehensive Plan Land Use Map designation. 14. The intended use is consistent with the Comprehensive Plan Land Use Map designation. 15. The site was annexed into the City in 1962 16. The Site was zoned for industrial uses in 1962. 17. The property was later designated as “Open Space/Nature” due to its proximity to the Columbia River. 18. The site’s Comprehensive Plan designation was changed to “Mixed Residential” 1996. 19. The site’s Comprehensive Plan Land Use Element was changed to “Mixed Residential/Commercial” this year. 20. Applicant wishes to construct up to 200 residential units. 21. The R‐3 zoning designation allows approximately 122 units. 22. The site is located on an arterial street. 23. The City requires full improvement of right‐of‐way including curb, gutter, and sidewalk. TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT Before recommending approval or denial of a rezone, the Hearing Examiner must develop findings of fact from which to draw its conclusions based upon the criteria listed in PMC 25.210.060. The criteria are as follows: 1. The proposal is in accordance with the goals and policies of the Comprehensive Plan. City Council approved an update to the Comprehensive Plan this year; The Land Use Element of the Plan now designates the site “Mixed Residential/Commercial.” the “Mixed Residential/Commercial” designation allows for R‐4 zoning and may be developed with apartments. Residential density may range from 5 to 29 dwelling units per acre in the “Mixed Residential/Commercial” Land Use designation. The proposal also aligns with the following Comprehensive Plan Goals and Policies: Land Use Policy LU‐4‐A: Encourage infill and higher density uses within proximity to major travel corridors and public transportation service areas. Housing Goal H‐1: Encourage housing for all economic segments of the city’s population Page 156 of 280 6 consistent with the local and regional market. Housing Policy H‐1‐A: Allow for a full range of housing including single family homes, townhouses, condominiums, apartments, manufactured housing, accessory dwelling units, zero‐ lot‐line, planned unit developments, etc. 2. The effect of the proposal on the immediate vicinity will not be materially detrimental. The Comprehensive Plan has recently been updated for the area and the Land Use Element of the Plan now designates the site “Mixed Residential/Commercial.” The “Mixed Residential/Commercial” designation allows for R‐4 zoning and may be developed with townhouses and apartments. The application for rezone is consistent with the Comprehensive Plan Land Use Element for the site and meets the intent of the Goals and Policies for the property. The proposal will not be materially detrimental to the immediate vicinity. 3. There is merit and value in the proposal for the community as a whole. The proposed rezone application is consistent with the Comprehensive Plan Land Use Map and the Goals and Policies as adopted by the Pasco City Council (Ordinance 4537) The Comprehensive Plan has recently been updated for the area and now designates the site “Mixed Residential/Commercial.” The “Mixed Residential/Commercial” designation allows for R‐4 zoning and may be developed with apartments. 4. Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. The rezone application and anticipated project are subject to the regulations and requirements of the Pasco Municipal Code and the City of Pasco Design and Construction Standards. The Design and Construction Standards require a Traffic Study for proposals that generate 25 or more peak hour trips. The City (Lead Agency) issued a Determination of Non‐Significance (DNS) on 8 July, 2021. Upon Project Application, mitigation will likely include the following: a) An inadvertent discovery protocol must be established for the potential discovery of cultural or historical artifacts before or during improvements/construction. 5. A Concomitant Agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement. A concomitant agreement would not be required in this circumstance. RECOMMENDATION Staff recommends based on the Findings of Fact and Conclusions that Lots 1 through 6 of Short Plat 2020‐29 (Parcels 119740031, 119740032, 119740033, 119740034, 119740035, 119740036); and that portion of Blocks 6, 13 and 14, and of vacated Lena and River Streets adjoining, in Oakley’s Riverfront Addition (Parcel 112330120).), located near the southwest corner of South Page 157 of 280 7 20th Avenue and West “A” Street in Pasco, WA be rezoned from R‐3 (Medium‐Density Residential) and I‐1 (Light Industrial) to R‐4 (High‐density Residential). Page 158 of 280 COLUMBIA RIVER COLUMBIA RIVER CITY L I M I T S CITY LIM I T S N 18TH AVES 18TH AVES 20TH AVEFRONTAGE RD S 17TH AVEN 17TH AVEWLEWIS S T W CLARK ST W BONNEVILLE ST S 26TH AVES 19TH AVEW A STS 26TH AVES 22ND AVES 23RD AVES 25TH AVEBenton County WA, Pasco GIS, Maxar 0 350 700 1,100 1,400180 Feet 0 350 700 1,100 1,400180 Feet Overview Map Item: Columbia Riverwalk Apartments - Rezone R-3 & I-1 to R-4 Applicant: Rigoberto Rangel File #: Z 2021-009 Page 159 of 280 COLUMBIA RIVER COLUMBIA RIVERCITY LI M I T S S 18TH AVES 20TH AVES 22ND AVES 19TH AVES 23RD AVEW A ST Benton County WA, Pasco GIS, Maxar, Microsoft 0 210 420 630 840110 Feet 0 210 420 630 840110 Feet Vicinity Map Item: Columbia Riverwalk Apartments - Rezone R-3 & I-1 to R-4 Applicant: Rigoberto Rangel File #: Z 2021-009 Page 160 of 280 SFDUs SFDUs SFDUs SFDUs Industrial Misc Industrial Misc Wholesale Trade Wholesale Trade Wholesale Trade Wholesale TradeCommercial Retail Commercial Restaurant Vacant/Multi-Family Vacant/Multi-Family Vacant/Multi-Family Office Professional Commercial Personal Services Commecial Services Commecial ServicesCommecial Services Commercial Repair Commercial Repair 66 - Services - Contract Governmental Services - Misc Services - Misc Parks Parks Parks Parks Parks Parks Vacant Vacant Vacant Vacant Vacant Vacant Vacant Vacant COLUMBIA RIVER COLUMBIA RIVERCITY LI M I T S S 18TH AVES 20TH AVES 22ND AVES 19TH AVES 23RD AVEW A ST 0 210 420 630 840110 Feet Land Use Map Item: Columbia Riverwalk Apartments - Rezone R-3 & I-1 to R-4 Applicant: Rigoberto Rangel File #: Z 2021-009 Page 161 of 280 C-1 C-3 C-3 I-1 I-1 I-1 I-1I-1 R-1-A2 R-1-A2 R-3 COLUMBIA RIVER COLUMBIA RIVERCITY LI M I T S S 18TH AVES 20TH AVES 22ND AVES 19TH AVES 23RD AVEW A ST 0 210 420 630 840110 Feet Zoning Map Item: Columbia Riverwalk Apartments - Rezone R-3 & I-1 to R-4 Applicant: Rigoberto Rangel File #: Z 2021-009 Page 162 of 280 Medium Density Residential Mixed Residential Commercial Open Space Parks Open Space Parks Commercial Commercial COLUMBIA RIVER COLUMBIA RIVERCITY LI M I T S S 18TH AVES 20TH AVES 22ND AVES 19TH AVES 23RD AVEW A ST 0 210 420 630 840110 Feet Comp Plan Map Item: Columbia Riverwalk Apartments - Rezone R-3 & I-1 to R-4 Applicant: Rigoberto Rangel File #: Z 2021-009 Page 163 of 280 COLUMBIA RIVER COLUMBIA RIVERCITY LI M I T S S 18TH AVES 20TH AVES 22ND AVES 19TH AVES 23RD AVEW A ST 0 210 420 630 840110 Feet "Exhibit A" Item: Columbia Riverwalk Apartments - Rezone R-3 & I-1 to R-4 Applicant: Rigoberto Rangel File #: Z 2021-009 Page 164 of 280 Looking North Page 165 of 280 Looking Northeast Page 166 of 280 Looking East Page 167 of 280 Looking Southeast Page 168 of 280 Looking South Page 169 of 280 Looking Southwest Page 170 of 280 Looking West Page 171 of 280 Looking Northwest Page 172 of 280 ii 1-.:r: 1 [ii Cityof �II• Pasco Community & Economic Development Department PO Box 293, 525 N 3rd Ave, Pasco, WA 99301 P: 509.545.3441 / F: 509.545.3499 CITY OF PASCO PETITION FOR ZONE CHANGE Fee:$825 Master File# -Z. ;J.o J. J, OOC1 D ate Submitted: �114"-� 7 .fh 2..<fl.( Applicant Info Owner Info (if different than applicant) Name: Name: Rigoberto Rangel Same Address: Address: 5804 Rd 90 Suite D., Pasco WA 99301 Phone: Phone: 509-539-7120 Email: Email: rigo@tricitiesengineering.com Project Address: 2120 W. A St. Pasco WA 99301 Project Parcel Number: 119740031, 119740032, 119740033, 119740034, 119740035, 119740036 Current Zoning : Also Parcel# 112330120, -zoned R-3 and 1-1 Requested Zoning: R-4 High Density Residential Describe the nature and effect of the p roposed change: Currently Lot 112330120 is zoned 1-1 and the other six lots were short plotted from a R-3 Medium Residential Lot. Currently there is a 60 unit apartment building on one of the lots and another 48 unit building is currently under construction. Allowing the re-zone to occur will allow the completion of additional apartment buildings. Estimated time frame of de velopment: The additional apartment buildings would be .completed in sections over approximately two years. Updated July 2019 Page 173 of 280 •What conditions warrant the proposed rezone? The majority of the land is vacant and the development of apartments there is in line with City's comprehensive plan vision. How will the proposed rezone advance the health, safety, and general welfare of the community? The apartments will bring investment into an area of town that hasn't seen much recent investment and the city needs more housing. The development will bring quality housing by the river for residence to have easy access to the COP/Army Corps river walk within wa lking distance. What effect will the proposed change have on the value and character of adjacent property? The proposed changes will improve the the values of the adjacent properties and bring more potential customers to near by businesses and more housing to people that work in the area. How does the proposed rezone relate to the City's Comprehensive Plan? _________ _ The rezone is in line with the City's Latest Comprehensive Plan What effect will be real ized by the owner(s) if the proposed rezone is not granted? ______ _ The owners have invested significant resource to bring water, sewer, power to the development. NOTE: Provide a variance report giving a list and mailing address of owners of all property within 300 feet of the applicant's property, as shown by a local title company OR payment of $50.00 which shall be utilized by the City to obtain a cu rrent list of property owners of all properties within 300 feet of the applicant's property. Page 174 of 280 , • , hyz, f ii City of • 11• Pasco Community & Economic Development Department PO Box 293, 525 N 3 rd Ave, Pasco, WA 99301 P: 509.545.3441 / F: 509.545.3499 Fee for Rezone Environmental Checklist Radius Notification "21 SEPA Checklist *Notarized Signature of Property Owner State of Washington County of Franklin ) ss. .El Site map $700.00 $ 75.00 $ 50.00 $825.00 !J Fee of $825 Fee:$825 On this ±day of J\.6"2 1fRA , before me the undersigned, a Notary Public in and for the State of Washington, duly commissioned an sworn, personally appeared9.)�11 � BWu(... being duly sworn on his/her oath that he/she has prepared and read the foregoing statements and has acknowledged to me that the recitations contained therein are true, and has signed this instrument as his/her free and voluntary act and deed for the purposes therein mentioned. SUBSCRIBED AND SWORN to before me this �day of Qui{ 1!Jl) . Updated July 2019 Page 175 of 280 � l$v!)f� Cityof �II' Pasco Community & Economic Development Department PO Box 293, 525 N 3rd Ave, Pasco, WA 99301 Fee:$825 P: 509.545.3441 / F: 509.545.3499 CITY OF PASCO PETITION FOR ZONE CHANGE INITIATION OF AMENDMENTS: Zoning Map: 1.Any person, firm, corporation, group of individuals, or municipal department may petition for a zone change with the following exceptions: i.If the person, firm, corporation or group of individuals does not have legal ownership of the parcel of land under consideration for rezoning, the petition shall not be accepted. All petitions submitted must contain the notarized signature of the legal owner of the property. The legal owner is considered to be the owner of record. ii.A person, firm, corporation of group of individuals may not submit, in any one year, more than one petition requesting a zone change from the property's present zone to another particular zone for the same parcel of land, provided, within the one year period, a person, firm, corporation or group of individuals may submit another petition requesting a zone change from the property's present zone to a zone other than the zone previously requested in the earlier petition. 2.The City Council, upon its own motion, may request the Planning Commission hold an open record hearing on the reclassification of a parcel or parcels of property. 3.The Planning Commission may initiate an open record hearing on the reclassification of a parcel or parcels of property. CONFLICT WITH COMPREHENSIVE PLAN: In the event any proposed amendment, supplement, change to or repeal of Chapters 25.04 through 25.88 is in conflict with the Comprehensive Plan, said amendment or change shall not be entertained until and if the comprehensive plan is amended. REQUIREMENTS: 1.Fee of $825 ($700 application fee+ $75 SEPA fee+ $SO radius notification fee) 2.Completed SEPA form 3.The property owner's notarized signature acknowledging the application PUBLIC HEARING: After completion of an open record hearing on a petition for reclassification of the property, the Hearing Examiner shall make and enter findings from the records and conclusions thereof which support its recommendation and find whether or not: a.The proposal is in accord with the goals and policies of the comprehensive plan; b.The effect of the proposal on the immediate vicinity will be materially detrimental; c.There is merit and value in the proposal for the community as a whole; Updated July 2019 Page 176 of 280 d.Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal; e.A concomitant agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement; The Hearing Examiner shall render his/her recommendation to approve, approve with modifications and/or conditions, or reject the petition based on its findings and conclusions. The Hearing Examiner's recommendation, to include his/her findings and conclusions, shall be forwarded to the City Council at a regular business meeting thereof. CITY COUNCIL: Unless a proper and timely appeal is filed or the City Council by majority vote deems further review is necessary, the recommendation of the Hearing Examiner shall be effected by proper action of the City Council without further review. CONCOMITANT AGREEMENT: The City may enter into an agreement with the petitioner whereby the City will grant the requested zone change conditioned upon the petitioner entering into a covenant with the City restricting the use and/or development of the subject property. Provisions of the agreement may relate to any or all of the following aspects of the use of petitioner's property: a.Setback. b.Use of building or property. c.Type of business. d.Height of building. e.Size of building. f.Size of subdivision of property. g.Density. h.Landscape. i.Street, sidewalk and curb improvement and easements and rights-of-way for such. j.Public utility improvements and easements and rights-of-way for such. k.Time frame for commencement or completion of the proposed construction or development. In the event a concomitant agreement includes a specified time frame for the proposed development, it may further provide that failure to conform to the specified time frame shall cause the zone change granted therein to revert to the zone existing immediately prior to said zone change. Page 177 of 280 ii I , I i Cityof II' Pasco Community Development Department PO Box 293, 525 N 3rd Ave, Pasco; WA 99301 P: 509.545.3441 / F: 509.545.3499 DETERMINATION OF NON-SIGNIFICANCE {Optional DNS Process) Issuance Date: 8 July 2021 Project Name: Columbia Riverwalk Apts. R-3/1-1 to R-4 Site Development Rezone Project Number: SEPA 2021-044 Z 2021-009 Proponent: Applicant: Rigoberto Rangel c/o ZEPGON INVESTMENTS LLC 2326 WA ST Pasco WA 99301 Rigoberto Rangel c/o ZEPGON INVESTMENTS LLC 2326 WAST Pasco WA 99301 Description of Proposal: Approval of a rezone applications (MF# Z 2021-009) from R-3 (Medium-density Residential) and 1-1 (Light Industrial) to R-4 (High-density Residential) for Franklin County, Washington Parcels# 119740031, 119740032, 119740033, 119740034, 119740035, and 119740036, and 112330120. Location of Proposal: General Location: Near the southwest corner of South 20th Avenue and West "A" Street in Pasco, WA. Legal: Lots 1 through 6 of Short Plat 2020-29, Section 36, Township 9 North, Range 29 East, W.M. records of Franklin County, Washington (Parcels 119740031, 119740032, 119740033, 119740034, 119740035, 119740036) and that portion of Blocks 6, 13 and 14, and of vacated Lena and River Streets adjoining, in Oakley's Riverfront Addition, according to plat thereof recorded in Volume "B" of Plats, page 34, lying south of a line distant 350 feet south of the south line of "A" Street, and parallel with said south line, except any portion thereof deeded to the United States of America by deed recorded under Auditor's File No. 139346, records of said County (Parcel 112330120). Likely Mitigation Upon Project Application: 1.An inadvertent discovery protocol must be established for the potential discovery of cultural or historical artifacts before or during improvements/construction. Page 178 of 280 Lead Agency: City of Pasco The City of Pasco, acting as lead agency for this proposal, has determined that it does not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. This MDNS is issued after using the optional DNS process in WAC 197-11-355. There is no further comment period on the MDNS. Appeals must be r: 10 days of this determination. Responsible Official:� � Rick White, Community & Economic Development Director Address: PO Box 293, Pasco, WA 99301-0293 Phone: (509) 545-3441 Appeals: You may appeal this determination of non-significance by submitting an appeal to the address below no later than 10 days from issuance. The appeal must be in written form, contain a concise statement of the matter being appealed and the basic rationale for the appeal. A Jee is required per the City's Fee Resolution. Please note that failure to file a timely and complete appeal shall constitute a waiver of all rights to an administrative appeal under City code. All comments or appeals are to be directed to the City of Pasco Planning Department, PO Box 293, Pasco, WA, 99301, Attn: Rick White. Page 179 of 280 CITY OF PASCO HEARING EXAMINER IN THE MATTER OF ) ) ) Z 2021-009 ) Columbia Riverwalk Apartments/Rangel ) RECOMMENDED FINDINGS OF FACT,RECOMMENDED CONCLUSIONS OF LAW, AND RECOMMENDED DECISION THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on August 11, 2021, the Hearing Examiner having taken evidence hereby submits the following Recommended Findings of Fact, Recommended Conclusions of Law, and Recommended Decision as follows: I.RECOMMENDED FINDINGS OF FACT 1.PROPERTY/APPLICATION DESCRIPTION: 1.1 Legal: Lots 1 through 6 of Short Plat 2020-29, Section 36, Township 9 North, Range 29 East, W.M. records of Franklin County, Washington (Parcels 119740031, 119740032, 119740033, 119740034, 119740035, 119740036); and that portion of Blocks 6, 13 and 14, of vacated Lena and River Streets adjoining, in Oakley's Riverfront Addition, according to plat thereof recorded in Volume "B" of Plats, page 34, lying south of a line distant 350 feet south of the south line of "A" Street, and parallel with said south line, except any portion thereof deeded to the United States of America by deed recorded under Auditor's File No. 139346, records of said County (Parcel 112330120). 1.2 General Location: Generally located near the comer of South 20th Avenue and West "A" Street in Pasco, WA. 1.3 Property Size: 10.51 acres (457,934.40 square feet). Parcel Sq.Ft. Acres 119740031 46,681.00 1.07 119740032 66,156.00 1.52 119740033 42,656.00 0.98 119740034 46,010.00 1.06 119740035 111,513.60 2.56 119740036 52,135.00 1.20 112330120 92,782.80 2.13 Total 457,934.40 10.51 Zonine R-3 R-3 R-3 R-3 R-3 R-3 I-1 1.4 Applicant: Rigoberto Rangel, 5804 Rd 90 Suite D., Pasco, WA 99301. 1.5 Request: Rezone Columbia Riverwalk Apartments properties from R-3 and I-1 to R- 4. Z 2021 009 Columbia Riverwalk/Rangel Page 1 of 7 Page 180 of 280 Page 181 of 280 change to "Mixed Residential." The City has recently approved a major update to its Comprehensive Plan. The revised Land Use Element of the approved Plan designated the site "Mixed Residential/Commercial." Applicant is seeking to rezone the property to R-4 to allow for the construction of a middle-to high-income apartment complex consisting of up to 200 residential units. The R-3 zoning designation would allow only approximately 122 units. This property provides the opportunity for development which will benefit from the proximity and/or access to the Columbia River. In the event of approval of the rezone, the applicant intends to develop the site with as many as three apartment buildings that will have riverfront views and bike path access. During the time of development, the City also requires full improvement of right-of-way including curb, gutter, and sidewalk. The site is located on an arterial street which is favorable for future residents and visitors of the proposed development. 10.REZONE CRITERIA: The initial review criteria for considering a rezone application areexplained in PMC 25.210.030. The criteria are listed below as follows:10.1 The date the existing zone became effective:10.1.1 The site was rezoned from I-1 (Light Industrial) to R-3 (Medium-Density Residential) in 2018 (Ordinance 4396). 10.2 The changed conditions, which are alleged to warrant other or additional zoning: 10.2.1 City Council approved an update to the Comprehensive Plan this year; The Land Use Element of the Plan now designates the site. 10.2.2 Applicant has developed one 60-unit and one 48-unit apartment building on the site (Parcels 119740035 and 119740031, respectively). 10.2.3 The "Mixed Residential/Commercial" designation allows for R-4 zoning and may be developed with apartments. 10.2.4 Residential density may range from 5 to 29 dwelling units per acre in the "Mixed Residential/Commercial" designation. 10.3 Facts to justify the change on the basis of advancing the public health, safety and general welfare: 10.3.1 The rezone application and proposal are consistent with the Pasco Comprehensive Plan, which has been determined to be in the best interest of advancing public health, safety, and general welfare of the community. The rezone would allow for residential density between 5 to 29 dwelling units per acre in the "Mixed Residential /Commercial" designated area. 10.4 The effect it will have on the value and character of the adjacent property and the Comprehensive Plan: 10.4.1 A change in zoning classification would likely result in the development of apartments, which are appropriate for this area, in alignment with the Land Use Element of the Comprehensive Plan. 10.4.2 The rezone application is consistent with and meets the intent of the newly revised and approved goals and policies of the Comprehensive Plan. 10.5 The effect on the property owner or owners if the request is not granted: Z 2021 009 Columbia Riverwalk/Rangel Page 3 of 7 Page 182 of 280 10.5.1 If the property remains with the current zoning designations the balance of the R-3-zoned parcels would likely remain vacant due to the density limits of the current zoning designation. The I-I zoned parcel to the east of 20th avenue, which has been a nuisance property for many years, would likely remain vacant, overgrown, and continue to attract nuisance activities. 10.6 The Comprehensive Plan land use designation for the property 10.6.1 The City Council has recently approved an update to the Comprehensive Plan; The Land Use Element of the Plan now designates the site "Mi xed Residential/Commercial." 10.6.2 The "Mixed Residential/Commercial" designation allows for R-4 zoning and may be developed with apartments. 10. 7 Such other information as the Hearing Examiner requires: 10. 7.1 The rezone application is consistent with and meets the intent of the Comprehensive Plan, and City Council Goals on housing. The opportunity for additional higher-density residential uses in this area supports the Land Use Element of the Comprehensive Plan. 11.Public notice of this hearing was sent to property owners within 300 feet of the property and posted in the Tri-City Herald on July 20, 2021. 12.The Applicant wishes to rezone Parcels 119740031, 119740032, 119740033, 119740034, 119740035, and 119740036, from R-3 (Medium-Density Residential) to R-4 (High-density Residential). 13.The Applicant wishes to rezone Parcel 112330120 from I-1 (Light Industrial) to R-4 (High density Residential). 14.Parcels 119740031, 119740032, 119740033, 119740034, 119740035, and 119740036, are located west of 20th Avenue and south of West "A" Street. 15.Parcel 112330120 is located east of 20th Avenue and south of West "A" Street. 16.The Applicant anticipates developing apartments similar to the two recently constructed buildings on the site. 17.The site has frontage access on South 20th Avenue and West "A" Street. 18.The site contains approximately 10.51 acres. 19.The Comprehensive Plan designates the lot "Mixed -Residential/Commercial." 20.The "Mixed Residential/Commercial" designation allows for R-4 zoning. 21.The "Mixed Residential/Commercial" designation may be developed with apartments. 22.The "Mixed Residential/Commercial" designation allows for densities from 5 to 29 dwelling units per acre. 23.The rezone request is consistent with both Comprehensive Plan Land Use Map designations. 24.The intended use is consistent with both Comprehensive Plan Land Use Map designations. 25.The site was annexed into the City 1962. 26.The site was zoned for industrial uses in 1962. Z 2021 009 Columbia Riverwalk/Rangel Page 4 of 7 Page 183 of 280 27.The property was later designated as "Open Space/Nature" due to its proximity to the Columbia River. 28.The site's Comprehensive Plan designation was changed to "Mixed Residential". 29.The site's Comprehensive Plan Land Use Element was changed to "Mixed Residential/Commercial" in 2021. 30.Applicant wishes to construct up to 200 residential units. 31.An open record public hearing after due legal notice was held August 11, 2021 via videoconference. 32.Appearing and testifying on behalf of the applicant was Rigoberto Rangel. Mr. Rangel testified that he was an agent authorized to speak on behalf of the property owner and applicant. Mr. Rangel indicated that the Applicant agreed with all representations in the staff report. 33.No member of the public appeared at the hearing. 34.The staff report, application materials, agency comments and the entire file of record were admitted into the record. 35.Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as such by this reference. II.RECOMMENDED CONCLUSIONS OF LAW Before recommending approval or denial of a rezone, the Hearing Examiner must develop findings of fact from which to draw its conclusions based upon the criteria listed in PMC 25.210.060. The criteria are as follows: 1.The proposal is in accordance with the goals and policies of the Comprehensive Plan. 1.1 City Council approved an update to the Comprehensive Plan this year. The Land Use Element of the Plan now designates the site "Mixed Residential/Commercial." 1.2 The "Mixed Residential/Commercial" designation allows for R-4 zoning and may be developed with apartments. 1.3 Residential density may range from 5 to 29 dwelling units per acre in the "Mixed Residential/Commercial" Land Use designation. 1.4 The proposal also aligns with the following Comprehensive Plan Goals and Policies: 1.4.1 Land Use Policy LU-4-A: Encourage infill and higher density uses within proximity to major travel corridors and public transportation service areas. 1.4.2 Land Use Policy LU-4-A: Encourage infill and higher density uses within proximity to major travel corridors and public transportation service areas. 1.4.3 Housing Goal H-1: Encourage housing for all economic segments of the city's population consistent with the local and regional market. 1.4.4 Housing Policy H-1-A: Allow for a full range of housing including single family homes, townhouses, condominiums, apartments, manufactured housing, accessory dwelling units, zero-lot-line, planned unit developments, etc. 2.The effect of the proposal on the immediate vicinity will not be materially detrimental. Z 2021 009 Columbia Riverwalk/Rangel Page 5 of 7 Page 184 of 280 2.1 The Comprehensive Plan has recently been updated for the area and the Land Use Element of the Plan now designates the site "Mixed Residential/Commercial." 2.2 The "Mixed Residential/Commercial" designation allows for R-4 zoning and may be developed with townhouses and apartments. 2.3 The application for rezone is consistent with the Comprehensive Plan Land Use Element and meets the intent of the Goals and Policies for the property. The prop osal will not be materially detrimental to the immediate vicinity. 3.There is merit and value in the proposal for the community as a whole. 3.1 The proposed rezone application is consistent with the Comprehensive Plan Land Use Map and the Goals and Policies as adopted by the Pasco City Council (Ordinance 453 7) 3 .2 The Comprehensive Plan has recently been updated for the area and now designates the site "Mixed Residential/Commercial." The "Medium-Density Residential" designation allows for R-4 zoning and may be developed with townhouses and apartments. 4.Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. 4.1 The rezone application and anticipated project are subject to the regulations andrequirements of the Pasco Municipal Code and the City of Pasco Design and Construction Standards. The Design and Construction Standards require a Traffic Study for proposals that generate 25 or more peak hour trips. The City (Lead Agency) issued a Determination of Non-Significance (DNS) on 8 July, 2021. Upon Project Application, mitigation will likely include the following: 4.1.1 An inadvertent discovery protocol must be established for the potent ial discovery of cultural or historical artifacts before or during improvements/construction. 5.A Concomitant Agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement. 5.1 A concomitant agreement would not be required in this circumstance. 6.Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as such by this reference. ill. RECOMMENDED DECISION Based on the above Recommended Findings of Fact and Conclusions of Law, the Hearing Exami ner RECOMMENDS APPROVAL of the rezone of Lots 1 through 6 of Short Plat 2020-29 (Parcels 119740031, 119740032, 119740033, 119740034, 119740035, 119740036); and that portion of Blocks 6, 13 and 14, and of vacated Lena and River Streets adjoining, in Oakley's Riverfront Addition (Parcel 112330120).), located near the southwest comer of South 20th Avenue and West "A" Street in Pasco, WA be rezoned from R-3 (Medium-Density Residential) and I-1 (Light Industrial) to R-4 (High-density Residential). Z 2021 009 Columbia Riverwalk/Rangel Page 6 of 7 Page 185 of 280 Page 186 of 280 AGENDA REPORT FOR: City Council September 2, 2021 TO: Dave Zabell, City Manager City Council Regular Meeting: 9/7/21 FROM: Rick White, Director Community & Economic Development SUBJECT: *Q Ordinance - Bedford Street Duplex C-1 to R-4 (Z 2021-010) I. REFERENCE(S): Proposed Ordinance Report to Hearing Examiner Dated: 11 August 2021 Hearing Examiner Recommendation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No. ______, rezoning Lots 4 thro ugh 7 of Binding Site Plan 2002-05, records of Franklin County, Washington; from C-1 to R-4. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: On August 11, 2021, the Hearing Examiner held a public hearing to consider a request to rezone Lots 4 through 7 of Binding Site Plan 2002 -05 (Parcel No. 115430179), in the NW 1/4 of Section 8, Township 9 North, Range 29 East, W.M., Pasco, Franklin County, Washington from C-1 (Retail Business District) to R-4 (High-density Residential). Examiner Hearing the hearing, public Following of conduct the the recommended approval of the applicant's request for a rezone from C -1 (Retail Business District) to R-4 (High-density Residential). V. DISCUSSION: Page 187 of 280 City Council has recently approved an update to the Comprehensive Plan; The Land Use Element of the Plan now designates the lot “Medium -Density Residential.” The “Medium-Density Residential” designation allows for R-4 zoning and may be developed with townhouses and apartments. Residential densities may range from 6 to 20 dwelling units per acre in the “Medium-Density Residential” designated areas. The rezone application is consistent with and meets the intent of the newly revised and approved goals and policies of the Comprehensive Plan. Page 188 of 280 Ordinance – Rezone Z 2021-010 - 1 FILED FOR RECORD AT REQUEST OF: City of Pasco, Washington WHEN RECORDED RETURN TO: City of Pasco, Washington Attn: City Clerk 525 North 3rd Avenue Pasco, WA 99301 ____________________________________________________________________________ ORDINANCE NO. _______ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON REZONING A PORTION OF THE NORTHWEST ¼ OF SECTION 8, TOWNSHIP 9 NORTH, RANGE 29 EAST, W.M., DEFINED AS FOLLOWS: LOTS 4 THROUGH 7 OF BINDING SITE PLAN 2002-05, RECORDS OF FRANKLIN COUNTY, WASHINGTON (PARCEL NO. 115430179) FROM C-1 TO R-4. WHEREAS, the petitioner seeks to rezone a parcel owned by petitioner and located between Bedford Street and Midland Lane approximately 500 feet north of Sandifur Parkway, in Pasco, Washington; and WHEREAS, a complete and adequate petition for change of zoning classification meeting the requirements of PMC 25.210.030 was received by the City and, after notice was issued under PMC 25.210.040, an open record hearing was conducted by the Pasco Hearing Examiner upon such petition on the 11th day of August 2021; and WHEREAS, based upon substantial evidence and demonstration of the Petitioner, that: (a) the proposal is in accord with the goals and policies of the adopted Comprehensive Plan; (b) the effect of the proposal on the immediate vicinity is not materially detrimental; (c) there is merit and value in the proposal for the community as a whole; (d) the rezone application and anticipated project are subject to the regulations and requirements of the Pasco Municipal Code and the City of Pasco Design Construction Standards; and (e) a concomitant agreement is not required under these circumstances, the Hearing Examiner developed the above findings in accordance with PMC 25.210.060 and has recommended to approve the rezone, which findings and recommendations are hereby adopted by the City Council and Hearing Examiner Report is hereby incorporated by this reference as Exhibit B. Page 189 of 280 Ordinance – Rezone Z 2021-010 - 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The Zoning Ordinance for the City of Pasco, Washington, and the Zoning Map, accompanying and being part of said Ordinance shall be and hereby is changed from C-1 (Retail Business) to R-4 (High Density Residential) for the real property as shown in Exhibit A attached hereto and described as follows: A portion of the Northwest ¼ of Section 8, Township 9 North, Range 29 East, W.M., defined as follows: Lots 4 through 7 of Binding Site Plan 2002-05, records of Franklin County, Washington (Parcel No. 115430179). Section 2. This Ordinance shall take full force and effect five (5) days after its approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, this ____ day of ________, 2021. Saul Martinez Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Published __________________________ Page 190 of 280 BEDFORDSTMAJESTIA LNVINCENZO DRMIDLAND LNMIA LNBROADMOOR BLVDDUNBARTON AVESANDIFUR PKWY0 210 420 630 840110Feet"Exhibit A"Item: Bedford St DuplexesApplicant: Dave Greeno/Big Sky Developers, LLCFile #: Z 2021-010Page 191 of 280 PUBLIC HEARING City Hall – 525 North Third Avenue – Council Chambers DATE: WEDNESDAY, 11 August 2021 6:00 PM 1 MASTER FILE #: Z 2021‐010 APPLICANT: Aqtera Engineering/Caleb Stromstad 2705 St Andrews Loop, Ste C Pasco, WA 99301 REQUEST: REZONE: Bedford Street Duplex C‐1 to R‐4 (or R‐3, R‐2) BACKGROUND 1.PROPERTY DESCRIPTION: Legal: Lots 4 through 7 of Binding Site Plan 2002‐05; (Parcel #115430179), in the NW 1/4 of Section 8, Township 9 North, Range 29 East, W.M., Pasco, Franklin County, Washington. General Location: Generally located between Bedford Street and Midland Lane, approximately 522 feet north of Sandifur Pkwy in Pasco, WA. Property Size: 6.86 acres (298,822 square feet). 2.ACCESS: The parcel has access from Bedford Street and Midland Lane. 3.UTILITIES: Existing water and sewer utilities in both Bedford Street and Midland Lane. 4.LAND USE AND ZONING: The site is undeveloped and zoned C‐1 (Retail Commercial). Surrounding properties are zoned and developed as follows: NORTH: R‐3 Mediterranean Villas Condos EAST: C‐1 Vacant SOUTH: C‐1 Offices; vacant WEST: C‐1 Offices; vacant 5.Comprehensive Plan: The Comprehensive Plan has recently been updated and approved by City Council; the lot has been designated “Medium‐Density Residential” by the Comprehensive Plan Land Use Map; the “Medium‐Density Residential” designation allows for R‐2 through R‐4 and RP zoning, and single‐family dwellings, patio homes, townhouses, apartments, and condominiums are all appropriate for this area. Residential density may range from 6 to 20 dwelling units per acre. 6.ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based on the State Environmental Policy Act (“SEPA”) checklist, Comprehensive Plan, applicable regulations, and other information, a threshold determination resulting in a Determination of Non‐Significance (DNS) was issued on 23 July 2021 for this project under WAC 197‐11‐158. Page 192 of 280 2 ANALYSIS Request Caleb Stromstad/Aqtera Engineering, on behalf of Dave Greeno/Big Sky Developers LLC, has submitted an application to rezone Parcel #115430179, located between Bedford Street and Midland Lane, and approximately 522 feet north of Sandifur Pkwy in Pasco, WA., from C‐1 (Retail Business District) to R‐4 (High‐density Residential). Applicant has also allowed for an R‐3 or R‐2 rezone. Applicant anticipates multi‐family development on the site; Applicant has furnished a draft site plan depicting 84 residential duplex units on the 6.9 acre site. Site The site has frontage access on Bedford Street and Midland Lane which both connect to Sandifur Parkway to the south, Midland extending to Mediterranean Villas and Broadmoor Estates to the north. 6.86 acres (298,822 square feet). The Comprehensive Plan designates the lot “Medium‐Density Residential.” The “Medium‐Density Residential” designation allows for R‐4 zoning and may be developed with townhouses and apartments. Residential density may range from 6 to 20 dwelling units per acre in the “Medium‐Density Residential” designated area. The rezone request and its intended use are consistent with both Comprehensive Plan Land Use Map designations. History The site was annexed into the City in 1982 (Ordinance 2388) and assigned C‐1‐D (Designated Shopping Center) zoning. In 1994 the lot was rezoned R‐T (Residential Transition; Ordinance 3002); the lot was rezoned to C‐1 in 2000 (Ordinance 3415). The Mediterranean Villas condominiums expanded in 2004 with the development of Phase 3 located to the north of the site. two medical/professional office buildings, one in 2001 and another in 2004, were constructed to the west. A Kadlec clinic was built in 2007 to the south along Sandifur Parkway; The Solgen office was completed this year adjacent to the south. The City has recently approved a major update to its Comprehensive Plan. The revised Land Use Element of the approved Plan designated the lot “Medium‐Density Residential.” Page 193 of 280 3 Rezone Criteria The initial review criteria for considering a rezone application are explained in PMC 25.210.030. The criteria are listed below as follows: 1.The date the existing zone became effective: The lot was rezoned to C‐1 in 2000. 2.The changed conditions, which are alleged to warrant other or additional zoning: Development has occurred to the north, south, and west; further development is contemplated for the area east of the site. City Council has recently approved an update to the Comprehensive Plan; The Land Use Element of the Plan now designates the lot “Medium‐Density Residential.” The “Medium‐Density Residential” designation allows for R‐4 zoning and may be developed with townhouses and apartments. Residential density may range from 6 to 20 dwelling units per acre in the “Medium‐Density Residential” designated area,. 3.Facts to justify the change on the basis of advancing the public health, safety and general welfare: The rezone application and proposal are consistent with the Pasco Comprehensive Plan, which has been determined to be in the best interest of advancing public health, safety and general welfare of the community. The rezone would allow for residential density between 6 to 20 dwelling units per acre. 4.The effect it will have on the value and character of the adjacent property and the Comprehensive Plan: A change in zoning classification may ultimately result in the development of single‐family dwellings, patio homes, townhouses, apartments, and/or condominiums, all of which are appropriate for this area, in alignment with the Land Use Element of the Comprehensive Plan. The rezone application is consistent with and meets the intent of the newly revised and approved goals and policies of the Comprehensive Plan. 5.The effect on the property owner or owners if the request is not granted: If the property remains with the current C‐1 zoning designation the site would likely continue to remain vacant for a while, as the property does not front on an arterial street, and residential demand is currently outpacing commercial in the area by a fair margin. 6.The Comprehensive Plan land use designation for the property The City Council has recently approved an update to the Comprehensive Plan; The Land Use Element of the Plan now designates the lot “Medium‐Density Residential.” The “Medium‐Density Residential” designation allows for R‐4 zoning and may be developed with townhouses and apartments. Page 194 of 280 4 7.Such other information as the Hearing Examiner requires The rezone application is consistent with and meets the intent of the Comprehensive Plan, and City Council Goals on housing. The opportunity for additional higher‐density residential uses in this area supports the Land Use Element of the Comprehensive Plan. STAFF FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Hearing Examiner may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1.Public notice of this hearing was sent to property owners within 300 feet of the property and posted in the Tri‐City Herald on 23 July 2021. 2.Applicant wishes to rezone Parcel #115430179, from C‐1 (Retail Business District) to R‐4 (High‐density Residential). 3.The site is located approximately 522 feet north of Sandifur Pkwy between Bedford Street and Midland Lane. 4.Applicant has also allowed for an R‐3 or R‐2 rezone. 5.Applicant has furnished a draft site plan depicting 84 residential duplex units on the site. 6.The site has frontage access on Bedford Street and Midland Lane 7.Both Bedford Street and Midland Lane connect to Sandifur Parkway to the south. 8.Midland extends to Mediterranean Villas and Broadmoor Estates to the north. 9.The site contains 6.86 acres (298,822 square feet). 10.The Comprehensive Plan designates the lot “Medium‐Density Residential.” 11.The “Medium‐Density Residential” designation allows for R‐4 zoning 12.The “Medium‐Density Residential” designation may be developed with townhouses and apartments. 13.Residential density may range from 6 to 20 dwelling units per acre in the “Medium‐ Density Residential” designated area. 14.The rezone request is consistent with both Comprehensive Plan Land Use Map designations. 15.The intended use is consistent with both Comprehensive Plan Land Use Map designations. 16.The site was annexed into the City and assigned C‐1‐D zoning in 1982. 17.The lot was rezoned R‐T In 1994. 18.The lot was rezoned to C‐1 in 2000. 19.Mediterranean Villas Phase 3 to the north was developed in 2004. 20.two medical/professional office buildings were constructed to the west in 2001 and 2004 21.A Kadlec clinic was built in 2007 to the south along Sandifur Parkway; 22.The Solgen office adjacent to the south was completed this year. 23.The City has recently approved a major update to its Comprehensive Plan. Page 195 of 280 5 TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT Before recommending approval or denial of a rezone, the Hearing Examiner must develop findings of fact from which to draw its conclusions based upon the criteria listed in PMC 25.210.060. The criteria are as follows: 1.The proposal is in accordance with the goals and policies of the Comprehensive Plan. City Council has recently approved an update to the Comprehensive Plan; The Land Use Element of the Plan now designates the lot “Medium‐Density Residential.” The “Medium‐Density Residential” designation allows for R‐4 zoning and may be developed with townhouses and apartments. Residential density may range from 6 to 20 dwelling units per acre in the “Medium‐Density Residential” designated area. The proposal also aligns with the following Comprehensive Plan Goals and Policies: Land Use Policy LU‐4‐A: Encourage infill and higher density uses within proximity to major travel corridors and public transportation service areas. Land Use Policy LU‐4‐B: Encourage the development of walkable communities by increasing mixed‐use (commercial/residential) developments that provide households with neighborhood and commercial shopping opportunities. Housing Goal H‐1: Encourage housing for all economic segments of the city’s population consistent with the local and regional market. Housing Policy H‐1‐A: Allow for a full range of housing including single family homes, townhouses, condominiums, apartments, manufactured housing, accessory dwelling units, zero‐ lot‐line, planned unit developments, etc. 2.The effect of the proposal on the immediate vicinity will not be materially detrimental. The Comprehensive Plan has recently been updated for the area and the Land Use Element of the Plan now designates the lot “Medium‐Density Residential.” The “Medium‐Density Residential” designation allows for R‐4 zoning and may be developed with townhouses and apartments. The application for rezone is consistent with the Comprehensive Plan Land Use Element and meets the intent of the Goals and Policies for the property. The proposal will not be materially detrimental to the immediate vicinity. Page 196 of 280 6 3.There is merit and value in the proposal for the community as a whole. The proposed rezone application is consistent with the Comprehensive Plan Land Use Map and the Goals and Policies as adopted by the Pasco City Council (Ordinance 4537) The Comprehensive Plan has recently been updated for the area and now designates the lot “Medium‐Density Residential.” The “Medium‐Density Residential” designation allows for R‐4 zoning and may be developed with townhouses and apartments. 4.Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. The rezone application and anticipated project are subject to the regulations and requirements of the Pasco Municipal Code and the City of Pasco Design and Construction Standards. The Design and Construction Standards require a Traffic Study for proposals that generate 25 or more peak hour trips. The City (Lead Agency) issued a Determination of Non‐Significance (DNS) on 23 July 2021. 5.A Concomitant Agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement. A concomitant agreement would not be required in this circumstance. RECOMMENDATION Staff recommends based on the Findings of Fact and Conclusions that Lots 4 through 7 of Binding Site Plan 2002‐05, in the NW 1/4 of Section 8, Township 9 North, Range 29 East, W.M., Pasco, Franklin County, Washington (Parcel #115430179), generally located approximately 522 feet north of Sandifur Pkwy between Bedford Street and Midland Lane, in Pasco, WA. be rezoned from C‐1 (Retail Business District) to R‐4 (High‐Density Residential). Page 197 of 280 CITY LIMITS CITY LIMITS BROADMOORI-182 SANDIFUR I -1 82 BROADMOORTOI182BURNSBURNS I182TO B R O ADMOOR I 182TOBROADMOOR B R O A D MOORT O I 1 8 2 BR O A D M O O R T O I 1 82HAR RIS 0 850 1,700 2,600 3,400430 Feet 0 850 1,700 2,600 3,400430 Feet Overview Map Item: Bedford St Duplexes Applicant: Dave Greeno/Big Sky Developers, LLC File #: Z 2021-010 Page 198 of 280 MIDLANDBEDFORDMAJESTIA VINCENZO MIA BROADMOORDUNBARTONSANDIFUR 0 210 420 630 840110 Feet 0 210 420 630 840110 Feet Vicinity Map Item: Bedford St Duplexes Applicant: Dave Greeno/Big Sky Developers, LLC File #: Z 2021-010 Page 199 of 280 SFDUs SFDUs SFDUs SFDUs SFDUs SFDUsSFDUs SFDUs SFDUsSFDUs Industrial Misc Commercial Auto Office Commercial Commercial Commecial Services Commecial Services Office Office Office Office School Services Services Services Services Services Vacant Vacant Vacant VacantVacant Vacant Vacant Vacant Vacant VacantVacant Vacant Vacant Vacant BEDFORDSTMAJESTIA LN VINCENZO DR MIDLAND LNMIA LN BROADMOOR BLVDDUNBARTONAVESANDIFUR PKWY 0 210 420 630 840110 Feet Land Use Map Item: Bedford St Duplexes Applicant: Dave Greeno/Big Sky Developers, LLC File #: Z 2021-010 Page 200 of 280 C-1 C-1 C-1 CR R-3 R-3 R-1 R-1 BEDFORDSTMAJESTIA LN VINCENZO DR MIDLAND LNMIA LN BROADMOOR BLVDDUNBARTONAVESANDIFUR PKWY 0 210 420 630 840110 Feet Zoning Map Item: Bedford St Duplexes Applicant: Dave Greeno/Big Sky Developers, LLC File #: Z 2021-010 Page 201 of 280 Mixed Use Regional Medium Density Residential Mixed Residential Commercial Low Density Residential Public Quasi-Public Commercial BEDFORDSTMAJESTIA LN VINCENZO DR MIDLAND LNMIA LN BROADMOOR BLVDDUNBARTONAVESANDIFUR PKWY 0 210 420 630 840110 Feet Comp Plan Map Item: Bedford St Duplexes Applicant: Dave Greeno/Big Sky Developers, LLC File #: Z 2021-010 Page 202 of 280 Page 203 of 280 Page 204 of 280 Page 205 of 280 Page 206 of 280 Page 207 of 280 Page 208 of 280 Page 209 of 280 Looking North Looking North Page 210 of 280 Looking Northeast Looking NortheastPage 211 of 280 Looking East Looking EastPage 212 of 280 Looking Southeast Looking SoutheastPage 213 of 280 Looking South Looking SouthPage 214 of 280 Looking Southwest Looking SouthwestPage 215 of 280 Looking Northwest Looking NorthwestPage 216 of 280 I & Cityef 11• Pasco Community Development Department PO Box 293,525 N 3 rd Ave, Pasco, WA 99301 P: 509.545.3441 / F: 509.545.3499 DETERMINATION OF NON-SIGNIFICANCE (Optional DNS Process) Issuance Date: 23 July 2021 Project Name: Bedford St Duplexes C-1 TO R-3 Rezone Project Number: SEPA 2021-048 & Z 2021-010 Proponent: Applicant: Big Sky Developers, LLC/Dave Greeno 5426 N Road 68, Box D-113 Pasco, WA 99301 Aqtera Engineering/Caleb Stromstad 2705 St Andrews Loop Ste C Pasco, WA 99301 Description of Proposal: Rezone from C-1 (Retail Business) to R-3 (Medium Density Residential) a portion of the Northwest¼ of Section 8, Township 9 North, Range 29 East, W.M., defined as follows: Lots 4 through 7 of Binding Site Plan 2002-05, records of Franklin County, Washington. Location of Proposal: Located between Bedford Street and Midland Lane approximately 500 feet north of Sandifur Parkway, in Pasco, WA (Parcel 115430179). Lead Agency: City of Pasco The City of Pasco, acting as lead agency for this proposal, has determined that it does not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. ■This DNS is issued after using the optional DNS process in WAC 197-11-355. There is no further comment period on the DNS. Appeals must be filed within within 10 days of this determination. Responsible Official: ZJ � Rick White, Community & Economic Development Director Address: PO Box 293, Pasco, WA 99301-0293 Page 217 of 280 Phone: (509) 545-3441 Appeals: You may appeal this determination of non-significance by submitting an appeal to the address below no later than 10 days from issuance. The appeal must be in written form, contain a concise statement of the matter being appealed and the basic rationale for the appeal. A fee is required per the City's Fee Resolution. Plea�e note that failure to file a timely and complete appeal shall constitute a waiver of all rights to an administrative appeal under City code. All comments or appeals are to be directed to the City of Pasco Planning Department, PO Box 293, Pasco, WA, 99301, Attn: Rick White. Page 218 of 280 CITY OF PASCO HEARING EXAMINER IN THE MATTER OF ) ) ) RECOMMENDED FINDINGS OF FACT,RECOMMENDED CONCLUSIONS OF LAW, Z 2021-010 ) Aqtera Engineering/Caleb Stromstad ) AND DECISION THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on August 11, 2021, the Hearing Examiner having taken evidence hereby submits the following Recommended Findings of Fact, Conclusions of Law, and Decision and Conditions of Approval as follows: I.RECOMMENDED FINDINGS OF FACT I.PROPERTY/APPLICATION DESCRIPTION: I.I 1.2 1.3 1.4 1.5 Legal: Lots 4 through 7 of Binding Site Plan 2002-05; (Parcel #115430179), in the NW 1/4 of Section 8, Township 9 North, Range 29 East, W.M., Pasco, Franklin County, Washington. General Location: Generally located between Bedford Street and Midland Lane, approximately 522 feet north of Sandifur Pkwy in Pasco, WA. Property Size: 6.86 acres (298,822 square feet). Applicant: Aqtera Engineering/Caleb Stromstad, 2705 St Andrews Loop, Ste C, Pasco, WA 99301. Request: Rezone Bedford Street duplex C-1 to R-4 (or R-3, R-2). 2.ACCESS: The parcel has access from Bedford Street and Midland Lane. 3.UTILITIES: Existing water and sewer utilities in both Bedford Street and Midland Lane. 4.LAND USE AND ZONING: The site is undeveloped and zoned C-1 (Retail Commercial). Surrounding properties are zoned and developed as follows: NORTH: R-3 Mediterranean Villas Condos EAST: C-1 Vacant SOUTH: C-1 Offices; vacant WEST: C-1 Offices; vacant 5.COMPREHENSIVE PLAN: The Comprehensive Plan has recently been updated and approved by City Council; the lot has been designated "Medium-Density Residential" by the Comprehensive Plan Land Use Map; the "Medium-Density Residential" designation allows for R-2 through R-4 and RP zoning, and single-family dwellings, patio homes, townhouses, apartments, and condominiums are all appropriate for this area. Residential density may range from 6 to 20 dwelling units per acre. Z 2021-010 Aqtera Engineering Page I of 6 Page 219 of 280 6.ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based on the State Environmental Policy Act ("SEPA") checklist, Comprehensive Plan, applicable regulations, and other information, a threshold determination resulting in a Determination of Non-Significance (DNS) was issued on 23 July 2021 for this project under WAC 197-11-158. 7.REQUEST: Caleb Stromstad/Aqtera Engineering, on behalf of Dave Greeno/Big Sky Developers LLC, has submitted an application to rezone Parcel #115430179, located between Bedford Street and Midland Lane, and approximately 522 feet north of Sandifur Pkwy in Pasco, WA., from C-1 (Retail Business District) to R-4 (High-density Residential). Applicant has also allowed for an R-3 or R-2 rezone. Applicant anticipates multi-family development on the site; Applicant has furnished a draft site plan depicting 84 residential duplex units on the 6.9 acre site. 8.SITE: The site has frontage access on Bedford Street and Midland Lane which both connect to Sandifur Parkway to the south, Midland extending to Mediterranean Villas and Broadmoor Estates to the north. 8.1 6.86 acres (298,822 square feet). 8.2 The Comprehensive Plan desi gnates the lot "Medium-Density Residential." 8.3 The "Medium-Density Residential" desi gnation allows for R-4 zoning and may be developed with townhouses and apartments. 8.4 Residential density may range from 6 to 20 dwelling units per acre in the "Medium Density Residential" designated area. 8.5 The rezone request and its intended use are consistent with both Comprehensive Plan Land Use Map designations 9.IDSTORY: The site was annexed into the City in 1982 (Ordinance 2388) and assigned C-1- D (Designated Shopping Center) zoning. In 1994 the lot was rezoned R-T (Residential Transition; Ordinance 3002). The lot was rezoned to C-1 in 2000 (Ordinance 3415). The Mediterranean Villas condominiums expanded in 2004 with the development of Phase 3 located to the north of the site. Two medical/professional office buildings, one in 2001 and another in 2004, were constructed to the west. Kadlec clinic was built in 2007 to the south along Sandifur Parkway. The Solgen office was completed this year adjacent to the south. The City has recently approved a major update to its Comprehensive Plan. The revised Land Use Element of the approved Plan designated the lot "Medium-Density Residential." 10.REZONE CRITERIA: The initial review criteria for considering a rezone application are explained in PMC 25.210.030. The criteria are listed below as follows: 10.1 The date the existing zone became effective: 10.1.1 The lot was rezoned to C-1 in 2000. 10.2 The changed conditions, which are alleged to warrant other or additional zoning: 10.2.1 Development has occurred to the north, south, and west. Further development is contemplated for the area east of the site. 10.2.2 City Council has recently approved an update to the Comprehensive Plan; The Land Use Element of the Plan now designates the lot "Medium-Density Residential." Z 2021-010 Aqtera Engineering Page 2 of 6 Page 220 of 280 10.2.3 The "Medium-Density Residential" designation allows for R-4 zoning and may be developed with townhouses and apartments. 10.2.4 Residential density may range from 6 to 20 dwelling units per acre in the "Medium-Density Residential" designated area,. 10.3 Facts to justify the change on the basis of advancing the public health, safety and general welfare: 10.3.1 The rezone application and proposal are consistent with the Pasco Comprehensive Plan, which has been determined to be in the best interest of advancing public health, safety and general welfare of the community. The rezone would allow for residential density between 6 to 20 dwelling units per acre. 10.4 The effect it will have on the value and character of the adjacent property and the Comprehensive Plan: 10.4.1 A change in zoning classification may ultimately result in the development of single-family dwellings, patio homes, townhouses, apartments, and/or condominiums, all of which are appropriate for this area, in alignment with the Land Use Element of the Comprehensive Plan. 10.4.2 The rezone application is consistent with and meets the intent of the newly revised and approved goals and policies of the Comprehensive Plan. 10.5 The effect on the property owner or owners if the request is not granted: 10 .5 .1 If the property remains with the current C-1 zoning designation the site would likely continue to remain vacant for a while, as the property does not front on an arterial street, and residential demand is currently outpacing commercial in the area by a fair margin. 10.6 The Comprehensive Plan land use designation for the property: 10.6.1 The City Council has recently approved an update to the Comprehensive Plan; The Land Use Element of the Plan now designates the lot "Medium Density Residential." 10.6.2 The "Medium-Density Residential" designation allows for R-4 zoning and may be developed with townhouses and apartments. 10.7 Such other information as the Hearing Examiner requires 10.7.1 The rezone application is consistent with and meets the intent of the Comprehensive Plan, and City Council Goals on housing. The opportunity for additional higher-density residential uses in this area supports the Land Use Element of the Comprehensive Plan. 11.Public notice of this hearing was sent to property owners within 300 feet of the property and posted in the Tri-City Herald on 23 July 2021. 12.Applicant wishes to rezone Parcel #115430179, from C-1 (Retail Business District) to R-4 (High-density Residential). 13.The site is located approximately 522 feet north of Sandifur Pkwy between Bedford Street and Midland Lane. Z 2021-010 Aqtera Engineering Page 3 of 6 Page 221 of 280 14.Applicant has also allowed for an R-3 or R-2 rezone. 15.Applicant has furnished a draft site plan depicting 84 residential duplex units on the site. 16.The site has frontage access on Bedford Street and Midland Lane 1 7. Both Bedford Street and Midland Lane connect to Sandifur Parkway to the south. 18.Midland extends to Mediterranean Villas and Broadmoor Estates to the north. 19.The site contains 6.86 acres (298,822 square feet). 20.The Comprehensive Plan designates the lot "Medium-Density Residential." 21.The "Medium-Density Residential" designation allows for R-4 zoning 22.The "Medium-Density Residential" designation may be developed with townhouses and apartments. 23.Residential density may range from 6 to 20 dwelling units per acre in the "Medium-Density Residential" desi gnated area. 24.The rezone request is consistent with both Comprehensive Plan Land Use Map designations. 25.The intended use is consistent with both Comprehensive Plan Land Use Map designations. 26.The site was annexed into the City and assigned C-1-D zoning in 1982. 27.The lot was rezoned R-T In 1994. 28.The lot was rezoned to C-1 in 2000. 29.Mediterranean Villas Phase 3 to the north was developed in 2004. 30.two medical/professional office buildings were constructed to the west in 2001 and 2004 31.The Kadlec clinic was built in 2007 to the south along Sandifur Parkway; 32.The Solgen office adjacent to the south was completed this year. 35.The City has recently approved a major update to its Comprehensive Plan 36.An open record public hearing after due legal notice was held August 11, 2021 via Zoom videoconference. 3 7. Appearing and testifying on behalf of the applicant was Caleb Stromsted. Mr. Stromsted testified that he was an agent authorized to speak on behalf of the property owner and applicant. Mr. Stromsted indicated that the applicant agreed with all the representations within the staff report. 38.No member of the public testified at the hearing. 39.At the conclusion of the hearing, the Hearing Examiner kept the record open until 5:00 p.m. August 13, 2021 for the submission of additional written comments. No additional comments were timely submitted. However, an email was received from Mr. Stromsted on Monday, August 16, 2021. This email was received after the record closed. To the extent this email constitutes a request to reopen the record, that request is denied. The August 16, 2021 email from Stromsted is not part of this record. 40.The staff report, application materials, agency comments and the entire file of record were admitted into the record. Z 2021-010 Aqtera Engineering Page 4 of 6 Page 222 of 280 41.Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as such by this reference. II.RECOMMENDED CONCLUSIONS OF LAW Before recommending approval or denial of a rezone, the Hearing Examiner must develop findings of fact from which to draw its conclusions based upon the criteria listed in PMC 25.210.060. The criteria are as follows: 1.The proposal is in accordance with the goals and policies of the Comprehensive Plan as follows: 1.1 City Council has recently approved an update to the Comprehensive Plan; The Land Use Element of the Plan now designates the lot "Medium-Density Residential." 1.2 The "Medium-Density Residential" designation allows for R-4 zoning and may be developed with townhouses and apartments. 1.3 Residential density may range from 6 to 20 dwelling units per acre in the "Medium Density Residential" designated area. 1.4 The proposal also aligns with the following Comprehensive Plan Goals and Policies: 1.4.1 Land Use Policy LU-4-A: Encourage infill and higher density uses within proximity to major travel corridors and public transportation service areas. 1.4.2 Land Use Policy LU-4-B: Encourage the development of walkable communities by increasing mixed-use ( commercial/residential) developments that provide households with neighborhood and commercial shopping opportunities. 1.4.3 Housing Goal H-1: Encourage housing for all economic segments of the city's population consistent with the local and regional market. 1 .4.4 Housing Policy H-1-A: Allow for a full range of housing including single family homes, townhouses, condominiums, apartments, manufactured housing, accessory dwelling units, zero-lot-line, planned unit developments, etc. 2.The effect of the proposal on the immediate vicinity will not be materially detrimental because: 2.1 The Comprehensive Plan has recently been updated for the area and the Land Use Element of the Plan now designates the lot "Medium-Density Residential." 2.2 The "Medium-Density Residential" designation allows for R-4 zoning and may be developed with townhouses and apartments. 2.3 The application for rezone is consistent with the Comprehensive Plan Land Use Element and meets the intent of the Goals and Policies for the property. The proposal will not be materially detrimental to the immediate vicinity. 3.There is merit and value in the proposal for the community as a whole because: 3 .1 The proposed rezone application is consistent with the Comprehensive Plan Land Use Map and the Goals and Policies as adopted by the Pasco City Council (Ordinance 4537) Z 2021-010 Aqtera Engineering Page 5 of 6 Page 223 of 280 3.2 The Comprehensive Plan has recently been updated for the area and now designates the lot "Medium-Density Residential." 3.3 The "Medium-Density Residential" designation allows for R-4 zoning and may be developed with townhouses and apartments. 4. Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. 4.1 The rezone application and anticipated project are subject to the regulations and requirements of the Pasco Municipal Code and the City of Pasco Design and Construction Standards. The Design and Construction Standards require a Traffic Study for proposals that generate 25 or more peak hour trips. The City (Lead Agency) issued a Determination of Non-Significance (DNS) on July 23, 2021. 5.A Concomitant Agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement. 5 .1 A concomitant agreement would not be required in this circumstance. 6.Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as such by this reference. ill. RECOMMENDED DECISION Based on the above Recommended Findings of Fact and Conclusions of Law, the Hearing Examiner RECOMMENDS APPROVAL of the rezone from C-1 (Retail Business District) to R-4 (High Density Residential). Dated this 16th day of August, 2021. PASCO HEARING EXAMINER ��, ---7 Z 2021-010 Aqtera Engineering Page 6 of 6 Page 224 of 280 AGENDA REPORT FOR:City Council September 1, 2021 TO:Dave Zabell, City Manager City Council Regular Meeting: 9/7/21 FROM:Zach Ratkai, Director Administrative & Community Services SUBJECT:Resolution - Sun Willows Golf Course Ground Lease with CourseCo I.REFERENCE(S): Proposed Resolution Proposed Lease II.ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. ______, approving the lease agreement with Sun Willows Pasco Golf LLC, for the professional management and operation of Sun Willows Golf Course. III.FISCAL IMPACT: Annual Base Rent to City: $100,000 Annual Incentive Rent: 10% of Gross Revenue in Excess of $1,500,000 Annual Capital Replacement Fund: $25,000 IV.HISTORY AND FACTS BRIEF: For the past ten (10) years, the City-owned Sun Willows Golf Course has been operated through a management agreement with CourseCo. This agreement provides that CourseCo manages the operations and staffing of the course, while the City maintains all buildings, course maintenance equipment, inventory, and daily accounting. Over the past few years Sun Willows has seen robust usage of the course, including a new generation of players regularly playing, however some volatility in usage has been experienced due to extreme weather impacts, smoke from wild fires in the summer, and COVID-19 restrictions. Staff and CourseCo commenced discussions over the last year to explore how the City and CourseCo could optimize their respective roles in delivering public golf to the Page 225 of 280 community. From this, a ground lease (attached hereto) was drafted and is proposed. The proposed ground lease separates operational roles for the City and CourseCo in a more prudent manner than exists under the management agreement. Under the terms of the proposed lease, the City will continue to own the land, and CourseCo would assume responsibility for all course maintenance and golf operations, including the staff, accounting, facilities and equipment. This transition ensures steady revenue for the City, frees up City of Pasco accounting staff time (1/2 FTE), and allows for a golf-centered company to fully operate Sun Willows. CourseCo will then have more flexibility in serving the course users through promotions, sales, events, tournaments, and business operations. Within the lease, the City will receive base rent of $100,000/yr, with incentive rent of 10% of the gross revenues above $1,500,000. Additionally, CourseCo will create and contribute to an interest-bearing account for capital repairs, with a $25,000 annual contribution. The City of Pasco will receive three non- consecutive days of usage for public events at Sun Willows. Within 6 months, mutual planning for new facilities and improvements to customer facing areas such as the Pro Shop and Restaurant/Snack bar will take place. This will be conducted through a separate agreement. V.DISCUSSION: This item was discussed at the July 12 Workshop meeting. Staff recommends approval of the proposed Resolution. Page 226 of 280 Resolution – Sun Willows Pasco Golf LLC Lease - 1 RESOLUTION NO. _______ A RESOLUTION APPROVING THE LEASE AGREEMENT WITH SUN WILLOWS PASCO GOLF LLC, FOR THE PROFESSIONAL MANAGEMENT AND OPERATION OF SUN WILLOWS GOLF COURSE. WHEREAS, the City desires to ensure the highest quality of golf programs for the public; and WHEREAS, the City pursuant to RCW 35A11.010 may contract and be contracted with, may lease, purchase, received or otherwise acquire real property for the common benefit of the City; and WHEREAS, the City Council find that this lease with Sun Willows Pasco Golf, LLC will be for the benefit of the of the City as it relates to a publicly owned gold course; and WHEREAS, the City desires to improve the existing golf course through this ground lease with Sun Willows Pasco Golf, LCC. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City enter into a Lease Agreement with Sun Willows Pasco Golf LLC for professional management and full service operation of Sun Willows Golf Course according to said agreement, a copy of which is attached hereto as Exhibit A; and Be it Further Resolved, that the City Manager is authorized to make minor substantive adjustments; to execute the Lease Agreement; and to take all necessary steps required to complete this Agreement. PASSED by the City Council of the City of Pasco, Washington this ___ day of _____________, 2021. _____________________________ Saul Martinez Mayor ATTEST: APPROVED AS TO FORM: _____________________________ __________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Page 227 of 280 Lease Agreement Sun Willows Golf Course - 1 LEASE AGREEMENT FOR THE PROFESSIONAL MANAGEMENT AND OPERATION OF SUN WILLOWS GOLF COURSE This Lease Agreement, made and executed as of the 15th day of September 2021, by and between THE CITY OF PASCO, hereinafter referred to as "City" Lessor and Sun Willows Pasco Golf, LLC, hereinafter referred to as "Lessee." ARTICLE 1 -BACKGROUND 1.1 Intent. To ensure the highest quality of golf programs for the public, the City desires to improve the existing Sun Willows Golf Course, located on real property within the County of Franklin, City of Pasco, State of Washington, which is located on the real property, more particularly described on Exhibit A, attached hereto and fully incorporated herein by reference and referred to herein as "the Course" and to provide by lease for the overall professional management and full service operations of the Course, the construction and/or renovation and maintenance of all existing facilities and improvements and the addition of other facilities and improvements, and the collection of fees and other related golf services. Lessee, a golf course owner and operator, desires to provide the professional management services and full service operations for the Course, capital renovation and construction of buildings and facilities in cooperation with the City, maintenance of all facilities and improvements, and the collection of fees and other golf-related Course services for the City Courses described in this Lease. The parties agree that the Course shall be called the Sun Willows Golf Course. Lessee may change the name of the Course only with Lessor's consent, which consent shall not be unreasonably withheld, provided such name is consistent with portraying the Course as a public golf course. 1.2 Objectives for Lessee's Performance. City and Lessee agree that the primary objectives for Lessee's performance under this Lease are to: (l) operate the Course as intended, including recreation and competitive golf operations along with operations of the pro shop and restaurant facilities, (2) to maintain facilities as indicated in Exhibit B; and (3) to maximize the public use of the Course as well as the revenues to be received by City and the return on Lessee's investment as a result thereof. ARTICLE 2 - DEFINITIONS 2.1. "City Manager or his designee. "City Manager" or " his designee" shall mean the City Manager of the City or his designee of the City of Pasco or an authorized representative thereof. 2.2 Course. "Course" shall mean the Sun Willows Golf Course described in Exhibit A and, as the property is developed pursuant to this Lease, any improvements located thereon from time to time during the term hereof. 2.3 Course Operation. "Course Operation" shall mean the privilege of engaging in the activities authorized herein on the public property at the Course. Course Operation shall include Page 228 of 280 Lease Agreement Sun Willows Golf Course - 2 the operation of the Course and its related operations. 2.4 Maintenance Standards. "Maintenance Standards," as well as equipment and materials standards, shall mean the standards for maintenance of the Course set forth in the Course Maintenance Standards attached hereto as Exhibit B and found herein in Article 5. Any changes or revisions in the "Maintenance Standards" are subject to the written approval of the City Manager or his designee prior to implementation. 2.5 Premises. "Premises" or "Leased Premises" or "Demised Premises" shall mean the real property as shown in Exhibit A, the Course and all related facilities, including but not limited to, maintenance and/or service buildings, restaurant(s), and parking spaces, which together comprise the Course, and to any improvements located thereon from time to time during the term hereof, together with all easements, rights of way and licenses reasonably necessary to ingress, egress, utilities and signage necessary or appropriate to construct, maintain and operate the Course. 2.6 Maintenance Buildings. "Maintenance Buildings" shall mean all of the equipment storage space located on the Leased Premises. ARTICLE 3 - PREMISES 3.1 Leased Premises. City hereby leases to Lessee and Lessee leases from City, for the purpose of providing the overall professional management and full service operations of the Sun Willows Golf Course, the maintenance of all facilities and improvements related thereto, and the collection of all fees for Course and other related Course services, those certain premises with the appurtenances, situated in Pasco, Franklin County, Washington, and more particularly described as shown in Exhibit A attached hereto and made a part hereof, that being the real property consisting of the Course and Course related facilities. The City represents that the realty leased and the Lessee represents that the constructed Course and all related facilities are or will be, as required above, in material compliance with all federal, state and local environmental and hazardous substance laws, rules and regulations. Lessee shall make no demand upon City for any initial or later construction of any improvement, or development, maintenance or alteration of the premises during the term of this Lease except as expressly provided in this Lease. 3.2 Personal Property/Equipment. The Personal Property/Equipment itemized on Exhibit A-2 shall remain the property of Lessor, but is leased to Lessee pursuant to the terms of this Lease. Lessee, at its sole cost and expense shall insure, repair and maintain the Personal Property/Equipment during the term of this Lease and agrees to keep said Personal Property/Equipment in good condition and repair, normal obsolescence and reasonable wear and tear excepted, and to obtain policies of casualty insurance for such Personal Property/Equipment in an amount equal to their full insurable value naming Lessor and Lessee as co-insureds as their interests may appear. Notwithstanding that Lessor is the owner of the Personal Property/Equipment, during the term of this Lease, Lessee shall have the right to dispose of any of said Personal Property/Equipment provided concurrently Lessee replaces it with additional Page 229 of 280 Lease Agreement Sun Willows Golf Course - 3 Personal Property/Equipment having the same or greater value and having substantially the same use. Any Personal Property/Equipment acquired by Lessee in replacement of any of the specific Personal Property/Equipment that is itemized on Exhibit A-2 shall belong to Lessee during the term of this Lease. Upon the expiration or termination of the Lease said Personal Property/Equipment shall be surrendered to Lessor and shall thereupon, without further consideration, belong to Lessor (but subject to wear and tear and to any lease financing which may be applicable to any of the Personal Property/Equipment). Lessee acknowledges that if it acquires any Personal Property/Equipment subject to financing that could extend beyond the terms of this Agreement, then it shall consult with Lessor prior to finalizing such financing arrangements. Any and all additional Personal Property/Equipment acquired by Lessee during the Term for the exclusive use in connection with the operation of the Premises, shall be owned by Lessee during the Term and shall, upon the expiration or termination of this Lease, be surrendered to Lessor and shall thereupon, without further consideration, belong to Lessor (but subject to any lease financing which may be applicable to any of the Personal Property/Equipment). Any and all additional Personal Property/Equipment acquired by Lessee that is not for the use in connection with the operation of the Premises, shall be owned by Lessee during the Term and shall thereafter remain the property of Lessee and be retained by Lessee upon the expiration or termination of this Lease. Lessor, shall at its cost and expense inventory all items on Exhibit A-2 and provide a value of the Personal Property/Equipment. At the end of this lease the Lessee shall, at Lessee’s cost and expense, provide an inventory list of Personal Property/Equipment. Parties acknowledge that the purpose of these inventory lists is to provide an accounting for the Personal Property/Equipment at the beginning of the Lease, and that at the end of the Lease, the Lessee is agreeing to return the Premises with substantially equal or greater value in the Personal Property/Equipment on hand, subject to depreciation and normal wear. Exhibit A-2 shall be completed by the lessee and provided to the City within sixty (60) days of lease commencement date. 3.3 Personal Property/Equipment As-Is. Lessee acknowledges that (a) Lessor is not the manufacturer of the Personal Property/Equipment or manufacturer's agent; (b) Lessee has accepted the Personal Property/Equipment based solely on Lessee's inspection, and expressly disclaims any reliance upon any statements or representations made by Lessor, and (c) that the Personal Property/Equipment is of a design, size, fitness and capacity acceptable to Lessee and that Lessee is satisfied that the same is suitable and fit for its use and purposes. Lessee is leasing the Personal Property/Equipment "AS-IS" without warranty, express or implied, including but not limited to the fitness for any particular purpose, use, quality, design, condition, durability, suitability, merchantability or any other matter. Lessee specifically waives all right to make any claim against Lessor for breach of any warranty of any kind whatsoever. Lessee agrees that Lessor is not responsible to Lessee for any loss, damage, claim or expense of any kind or nature caused, directly or indirectly by the Personal Property/Equipment, the use thereof, the failure of operation thereof, the repairs, services, or adjustments thereto or by any interruption of service or loss of business or damage whatsoever and howsoever caused. No defect or unfitness of the Personal Property/Equipment shall relieve Lessee of the obligation to pay rent or of any other obligations under this lease. Additionally, title to any structure, building or improvement affixed to the property shall be considered a fixture to the property and title shall vest in the Lessor ab initio. Page 230 of 280 Lease Agreement Sun Willows Golf Course - 4 3.4. Annual Reports, Plans and Reviews. To maintain the aesthetic standards and quality required by City with respect to the premises, Lessee shall submit to City thirty (30) days prior to the commencement of each Operating Year after the first Operating Year, a partial year, an annual report describing any improvements made during the previous year and plans for any improvements, upgrading or other changes proposed for the following year, for review by City. City may use such annual report during its yearly inspection of the Leased Premises. Further, as more fully described below, any proposed plans for improvements exceeding a cost of $100,000 shall not be implemented, nor shall capital projects be started, without the prior written request from Lessee and the prior written approval from City. The annual report provided by Lessee shall not be considered a written request that must be separately provided by Lessee. City shall conduct an annual review of the Course Operations in accordance with the maintenance standards as described in Exhibit B and Article 5. The annual review shall become a part of the permanent record that will assist City in determining Lessee's fulfillment of and compliance with the Lease requirements as well as determining whether Lease options with Lessee should be approved by City. If for any reason the City shall not conduct said annual review, the same is not a breach of the City's duties herein, nor shall such failure to conduct an annual review be construe as causing damage to the Lessee and shall not in any manner constitute a waiver of the City’s right to conduct an annual review. ARTICLE 4 - TERM 4.1 Initial Term. The Lease term of this Lease shall commence upon the full execution hereof and shall end at midnight on December 31, 2041, unless extended as hereinafter provided or unless terminated as hereinafter provided. 4.2 Possession. Lessee’s right to possession and obligations under the lease shall commence on September 15, 2021 (“Commencement Date”). 4.3 Option to Extend Terms. Lessee is given the option, to extend the term of this Lease for up to three (3) additional period of (5) years ("extended term") beyond the initial term by giving written notice of the exercise of the option ("option notice") to City at least ninety (90) days but not more than one hundred eighty (180) days before the expiration of the initial term. However, Lessee shall have the right to exercise the five (5) year extended term prior to one hundred eighty (180) days before the expiration of the initial term in the event Lessee needs to extend such term for purposes of financing the improvements of the Course as set forth in article 6, or in the event Lessee needs additional time on the term for financing of any improvements pertaining to the Course project. In no event shall Lessee be entitled to renew this lease for the extended term unless all of its obligations hereunder are met and Lessee is not in default in the performance of any contractual obligation contained herein.. 4.4 Holding Over. If Lessee holds over beyond the expiration of any term with consent, express or implied, of the City, such holding over shall only be from month-to-month, subject to Page 231 of 280 Lease Agreement Sun Willows Golf Course - 5 the conditions of this Lease, and shall not be a renewal hereof, and shall be at the maximum allowable compensation provided herein, calculated for the number of months and/or days held over, and shall otherwise be on the terms and conditions herein specified, so far as applicable. 4.5 Mutual Termination. The parties may, upon mutual agreement expressed in writing, during the initial term of this Lease, or any extension thereof, on not less than one hundred eighty (180) days' notice prior to termination, dissolve and terminate this Lease and the relationship of the parties. City shall not be liable for completion of any construction or renovation initiated by Lessee, or its Lessees, assignees, licensees, concessionaires or permittees, and City shall be held harmless and indemnified therefrom. ARTICLE 5 - LESSEE'S BASIC SERVICE OBLIGATIONS AND OPERATING RESPONSIBILITIES 5.1 Course Operation. Lessee shall operate the Course and related facilities on the premises as a public golf course. Lessee shall, at all times, operate the Course and conduct all operation in a good and businesslike manner and at least comparable to the standards of comparable golf courses. Lessee shall provide services customarily associated with the operation of a golf course and the related facilities, including, without limitation, the rental of golf-related equipment, provision of golf instruction, and sale of golf supplies, apparel and equipment, and operation of food and beverage service. The quality and grade of service shall be equal to or greater than the quality and grade of service to a comparable golf course. The Premises shall be used for no other purpose without the written consent of Lessor, which consent shall not be withheld unreasonably. If Lessee’s use is prohibited by subsequent law or governmental regulation, this Lease shall terminate. 5.2 Days and Hours of Operation. Lessee shall operate the Course and related facilities located on the premises every day of the year, excepting Christmas Day, Thanksgiving Day, and New Year’s Day, at lessee’s discretion, at least from dawn to dusk, except in the event of an emergency or inclement weather. Lessee may open the other limited access parts of the Course at other times as it sees fit and at its discretion. 5.3 Use by City for Non-Golf Events. Lessee shall make the Course available for the use of the City, or as directed by the City, for a non-cumulative maximum of 3 days per calendar year on the following conditions. For this purpose, a “day” shall mean a 24-hour period during which more than 50% of golf play is interrupted or displaces by a reason of the City’s use of the Course. A. City shall notify Lessee in writing not less than sixty (60) days in advance of such use and may not schedule such use during, or in conflict with, any other special event of tournament previously scheduled by Lessee. B. Lessee shall receive a rent credit equal to one half (50%) of the daily average gross income for that month multiplied by the number of event days. C. City shall pay all direct costs relating to such use, including, but not limited Page 232 of 280 Lease Agreement Sun Willows Golf Course - 6 to clean up, trash removal and disposal, and security services. D. City shall pay for any and all repair and/or replacement of any damage caused during such use, including damage caused by invitees. 5.4 Inventory and FF&E. Without limiting any other provision contained in the lease, Lessee shall, at its sole expense (except for allowable use of the Capital Improvement Fund), acquire and maintain throughout the term sufficient furniture, fixtures, equipment, and inventory as are required to operate the Course and related facilities located on the Premises as contemplated by this lease. 5.5 Golf Carts. Lessee shall provide, through purchase or lease at its sole cost and expense, a sufficient number of golf carts to meet the public demand therefor at the Course. Lessee shall provide all maintenance, repair and service required by such golf carts, and shall replace them as reasonably required or appropriate. Lessee shall charge reasonable market fees for golf cart use. 5.6 Golf Course Fees and Prices. The Course and related facilities shall be open to the public at rates established by the Lessee. Such rates shall be determined based on the economics of the Course and the competitive market, and may include a temporary surcharge, if needed. Lessee may vary the rates by season, by time of day, and by any other appropriate factor. Lessee may also develop stay and play packages with local hoteliers. City and Lessee will meet and confer if a problem arises with any aspect of the rate structure, as determined by either party. 5.7 Building and Equipment Maintenance. City shall not be obligated to perform any repairs, changes or alterations to the Premises or Improvements, nor shall the City be liable for the cost thereof. Lessee assumes full and sole responsibility for the condition, operation, repair, maintenance and management of the Premises and any permitted Improvements or Alterations, from and after the commencement date; provided, however, this obligation shall not include the assumption of any liability or responsibility by Lessee for the presence of any hazardous materials or underground tanks or the failure of the Premises to comply with any environmental laws, in each case as of the commencement date. In addition, if any portion of the Premises, or the City’s property located on or about the Premises, is damaged, by any of the activities conducted by Lessee or its agents or invitees hereunder, Lessee shall repair any and all such damage and restore the Premises or City’s property to its previous condition. A. Utilities, Roads. City shall be responsible for maintaining and repairing access roads and sewer and water facilities providing sewer and water service to the Premises, except for access roads that are located on the land and sewer and water facilities that solely or primarily benefit the Course. B. Maintenance Standards. Lessee shall perform the maintenance of the green, tees, fairways, rough, cart paths, and other turf areas comprising the Course in accordance with the standards for maintenance as described on Exhibit C. 5.8 Compliance with Laws. Lessee shall comply with all municipal ordinances and all Page 233 of 280 Lease Agreement Sun Willows Golf Course - 7 state and federal laws and regulations applicable to Course Operation. Lessee shall not knowingly permit any illegal activities to be conducted on the leased premises. If any permits or licenses are required for the Course Operation or any construction authorized by this Lease, Lessee shall obtain all such required permits or licenses from the appropriate agency before undertaking the regulated activity. Lessee shall correct, at Lessee’s own expense, any failure of compliance created through Lessee’s fault or by reason of Lessee’s use, but Lessee shall not be required to make any structural changes to affect such compliance unless such changes are required because of Lessee’s specific use. 5.9 Compliance with Rules and Regulations. Lessee shall strictly comply with all rules and regulations set forth by any governmental body, agency or instrumentality, including any amendments thereto. Lessee shall correct, at Lessee’s own expense, any failure of compliance created through Lessee’s fault or by reason of Lessee’s use, but Lessee shall not be required to make any structural changes to affect such compliance unless such changes are required because of Lessee’s specific use. 5.10 Lessee's Obligation to Refrain from Discrimination. Lessee shall not discriminate against any person or group of persons on account of race, creed, color, national origin, citizenship or immigration status, families with children, sex, marital status, sexual orientation, age, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability. Neither Lessee itself, nor any person claiming under or through it, shall establish or permit any practice of discrimination in the hiring of staff, selection of vendors and contractors, or in the access to and use of the Course facilities or in the execution of any other activity as permitted through this Lease. 5.11 Signs. Lessee shall not post signs of any kind, nature or size, other than customary signage for directional purposes, traffic control, parking, no littering, and any signs required by any applicable federal state or local laws or regulations, upon the leased premises or improvements thereon without the prior written approval of the City Manager or his designee. 5.12 Utilities. Upon commencement of the term of this Lease, Lessee shall be responsible for, and shall provide and pay for, all utilities serving the leased premises, including but not limited to, water, gas, heat, light, power, telephone service, electricity, sewer and trash removal and other public utilities of every kind furnished to the premises throughout the term hereof, and all other costs and expenses of every kind whatsoever of or in connection with the use, operation, and maintenance of the premises and all activities conducted thereon, and City shall have no responsibility of any kind for any thereof. Lessee waives any and all claims against City for compensation for loss or damage caused by defect, deficiency or impairment of any utility system, including but not limited to, water or irrigation system, water supply system, drainage system, waste system, heating or gas system, electrical apparatus or wires, telephone service, light, power, sewer and trash removal serving the leased premises. If any utility services are provided by or through Lessor, charges to Lessee shall be comparable with prevailing rates for comparable services. If the charges are not separately metered or stated, Lessor shall apportion the charges on an equitable basis, and Lessee shall pay its apportioned share on demand. Page 234 of 280 Lease Agreement Sun Willows Golf Course - 8 5.13 Safety. Lessee shall immediately correct any unsafe condition of the premises, as well as any unsafe practices occurring thereon. Lessee shall use reasonable efforts to obtain emergency medical care for any member of the public who is in need thereof because of illness or injury occurring on the premises. Lessee shall cooperate fully with City in the investigation of any accidental injury or death occurring on the premises, including a prompt written report regarding all major injuries or deaths and deliver such to the City Manager or his designee. Lessee shall immediately report, to the City Manager or his / her designee, any injury whether minor or major and any death occurring on the premises. A major injury is one attended to with, or requiring the service of, emergency personnel. 5.14 Meetings. Representatives of Lessee and City shall meet according to a schedule to be determined by the two parties and at such other times as may be required by City to review Lessee's performance under this Lease and to discuss any problems or matters as determined by City. 5.15 Prices, Goods and Services. Lessee shall at all times maintain a complete list or schedule of the prices charged for all goods and services supplied to the public on or from the premises. Such list or schedule of the prices shall be provided to the City Manager or his designee upon request. Such prices shall be fair and reasonable based on the following considerations: that the Course operation is intended to serve the needs of the public for the goods and services supplied at a fair and reasonable cost; that the prices charged should be comparable to prices charged for similar goods and services in the general area; and that the profit margin should be reasonable considering the cost of providing the goods or services in compliance with the obligations of this Lease. 5.16 Abandonment of Premises. Lessee shall not vacate or abandon the premises at any time during the term hereof; if Lessee shall abandon, vacate or surrender the premises, or be dispossessed by process of law, or otherwise, any personal property belonging to it and left on the premises shall be deemed to be abandoned, at the option of City, except such property as may be encumbered to City. 5.17 Right of Entry of the City. Lessee shall permit City, their agents and employees, to enter into and upon the demised premises at all reasonable times for the purpose of inspecting the same, or for the purpose of posting notices of non-responsibility for alterations, additions, or repairs, without any rebate of rent and without any liability to Lessee for any loss of occupation or quiet enjoyment of premises thereby occasioned, and shall permit City and its agents and employees, at any time to place on the demised premises any usual or ordinary "To Let" or "To Lease" signs and exhibit the premises to prospective tenants at reasonable hours. ARTICLE 6 – CAPITAL INVESTMENT; IMPROVEMENTS 6.1 Lessee’s Capital Investment. Lessee shall contribute the initial sum of twenty five thousand US dollars ($25,000) to the Capital Improvement Fund established pursuant to Article 6.3. below. Page 235 of 280 Lease Agreement Sun Willows Golf Course - 9 6.2 Construction of Improvement. Except as otherwise expressly provided in this lease, Lessee shall not construct or install any improvement nor make or permit any alterations in, to, or about the Premises or any improvement, without the City’s prior written consent in each instance, which City shall not unreasonable withhold of delay; provided, however, such requirement to obtain the City’s prior written consent shall not apply to any work that costs twenty five thousand US dollars ($25,000) or less. Subject to the City’s consent as provided above, any permitted improvements or alterations shall be done at the Lessee’s sole expense (i) in strict accordance with plans and specification approved in advance by City in writing, (ii) by Lessee or fully licensed contractors, (iii) in a good and professional manner, and (iv) in strict compliance with all laws, including but not limited to, the adopted building codes at the time of construction. Lessee acknowledges that the City’s role as landlord hereunder is separate and distinct from its role as the issuer of building permits, grading permit, etc., and any permit application by Lessee shall, and will, be processed by the City in its normal and ordinary course pursuant to the Pasco Municipal Code (PMC). 6.3 Capital Improvement Program A. On the commencement date Lessee shall, on behalf of the City, establish and maintain a separate, interest-bearing trust account (the “Capital Improvement Fund”) for the funding of capital acquisitions and improvements to the Premises. Commencing on Sept. 15, 2021 and on each September 15th for the duration of the lease, Lessee and Lessor shall each separately deposit an amount equal to twenty five thousand US dollars ($25,000). B. All such funds are to be held by Lessee in trust for the benefit of the City’s interest in the Premises, including its reversionary interest in the Premises upon the expiration or earlier termination of this Lease. Interest earned on fund held in such account shall become part of the Capital Improvement Fund and all amounts remaining in the Capital Improvement Fund at the end of the Term or any earlier termination of this lease shall be remitted to the Lessor. Lessor and Lessee will develop written procedures for approval and release of funds from the Capital Improvement Fund, including the accounting and auditing procedures with respect thereto. C. Funds held in the Capital Improvement Fund shall be used exclusively for additional capital items or the repair and replacement of capital items which are needed to repair or replace, over time, capital items which are subject to wearing out after a useful life and which are included in, located on or used in connection with the Premises, and which if not replaced or repaired, could adversely affect the Lessor’s interest upon the expiration or earlier termination of the lease, and for the reimbursement of funds advanced for such purposes by Lessee in accordance with Article 6.3(e) below. Funds held in Capital Improvement Fund may be expended only in accordance with a Capital Improvement Plan approved by the Lessor in accordance with this section. D. Not later than the first (month) following the creation of the Capital Page 236 of 280 Lease Agreement Sun Willows Golf Course - 10 Improvement Fund and thereafter on December of every second year term thereafter, Lessee shall submit to Lessor a biannual plan for the use of the Capital Improvement Fund monies in the subsequent two lease years (each considered a “Capital Improvement Plan”). Each Capital Improvement Plan shall include the description of each proposed expenditure and Capital Improvement Plan monies, the purpose for each expenditure, and the proposed timeframe for such expenditure. Lessor shall review each Capital Improvement Plan and shall not unreasonably withhold its consent thereto. The failure of the Lessor to respond within forty-five (45) days of delivery of any proposed Capital Improvement Plan shall be deemed consent of the Lessor to such plan. E. Notwithstanding the provision hereof, Lessee shall be entitled to be reimbursed (with interest at the prime rate) from the Capital Improvement Fund for any expenditure incurred by Lessee prior to the accumulation of fund for such expenditures in the Capital Improvement Fund if, and to the extent, such expenditures otherwise meet the requirements of Article 6.3(c) and would have been appropriate to be approved (including the approval of the Lessor as provided in subparagraph (c) above for inclusion in the Capital Improvement Plan if there had been sufficient funds in the Capital Improvement Fund at the time of such expenditure was made. 6.4 Disruption of Play Due to Capital Projects. Certain Lessor projects, including but not limited to street improvements, undergrounding of utilities, etc., may impact access to the Premises or portions of the premises. The Lessor will ensure that Lessor staff and contractors coordinate with Lessee to minimize any negative impacts of these projects, to the extent possible. 6.5 Construction of Pro Shop and Food and Beverage Facility on Premises. Lessee and Lessor agree to commence a feasibility study by a mutually agreed upon third-party consultant within 180-days of the commencement of the lease. The cost of this study to determine the options and economic feasibility of the new clubhouse construction will be a shared expense with Lessee and Lessor. Should the parties be unable to reach agreement on the shared cost of future capital facilities, both parties agreem to renegotiate the lease term provisions outlined within Article 4.1. ARTICLE 7 -CITY'S COVENANTS AND REPRESENTATIONS 7.1 Lessor warrants that it has the right to lease the Premises and will defend Lessee’s right to quiet enjoyment of the Premises from the lawful claims of all persons during the Lease term. 7.2 Governmental Agencies. City has no knowledge of any existing conditions in or about the Property or otherwise which violate any city, county, state or federal law, ordinance or regulation, including but not limited to, regulations related to zoning and use of the Property, and City has not received any notice, written or otherwise from any governmental agency requiring the correction of any condition with respect to the Leased Premises that might be in violation of any law, ordinance or regulation. 7.3 Title to the Real Property, Personal Property and Improvements. City has good and Page 237 of 280 Lease Agreement Sun Willows Golf Course - 11 defensible title to the Real property, Intangible Personal Property, Personal Property and Improvements, free and clear of all liens, claims and encumbrances of any nature, except for the existing real property conditions. 7.4 Litigation, Claims or Proceedings. There are no existing or pending actions, suits, litigation, claims, proceedings or governmental investigations with respect to any aspect of any of the Leased Premises, nor, to the knowledge of City, have any such actions, suits, litigation, claims, proceedings or governmental investigations been threatened or asserted. 7.5 Permits. City and Lessee shall cooperate fully with one another as necessary to enable the proper party to procure and/or transfer and maintain all licenses, permits or authorizations necessary for the operation of the Leased Premises. Upon the conversion or termination of this Lease, any permits or licenses will be transferred, as permitted to law, to City, and any expenses incurred with respect thereto shall be an Operating Expense of Lessee. 7.6 Warranties. Lessee will maintain all warranties, guarantees, and maintenance contracts on the equipment and furnishings of the Premises and will endeavor to cause the reimbursement of expenses for maintenance, repair and replacement, and for labor and materials associated with all warranted or guaranteed equipment and furnishings utilized in the operation of the Leased Premises. 7.7 Violation of Lease. Neither the execution and delivery of this Lease by City nor City's performance of its obligations hereunder will result in a violation or breach of any term or provision, or constitute a default, or accelerate the performance required under any other agreement or document to which City is a party or is otherwise bound or to which the Leased Premises, or any part thereof, is subject, and will not constitute a violation of any law, ruling, regulation or order to which City is subject. ARTICLE 8 -RENT AND OTHER CONSIDERATIONS 8.1 Minimum Rent to City. The minimum rent due to the Lessor in consideration of this lease shall be One-Hundred Thousand US dollars ($100,000.00) per lease year. Rent shall be paid on a quarterly basis in arrears beginning October 15th, 2021 for the pro-rated rent accrued for the previous quarter. Rent shall be paid by the 15th of the month following the end of the previous quarter for all subsequent quarters. 8.2 Additional Rent to City. The additional rent due to the City in consideration of this Lease shall be ten percent (10%) of the gross revenue for each full calendar year in excess of one million five hundred thousand US dollars ($1,500,000), minus the cost of goods sold which includes merchandise, food and beverage, and lessons. Each year the $1,500,000 will increase by the change in CPI as measured from December in the prior year to December in the current year. In no event will the threshold decrease. A. The Additional Rent payment shall be annually, with the first payment, due within sixty (60) days after the end of the applicable calendar year during which gross revenues exceeded one million five hundred thousand US dollars (1,500,000). Page 238 of 280 Lease Agreement Sun Willows Golf Course - 12 B. No additional rent shall be due in any partial year of the lease including the commencement year. 8.3 Interest on Unpaid Rent. Rent due pursuant to this Article which is not immediately paid when due shall bear interest from the date due until paid at the maximum rate an individual is permitted by law to charge. Notice of late payment is not required but may be provided by City to Lessee. 8.4 Late Charge. A late charge of 5% of the base lease rate installment will be assessed. Lessee acknowledges a late payment by Lessee to City of any rent payment required by this Article will cause City to incur costs not contemplated by this Lease, the exact amount of which costs is extremely difficult and impractical to fix. Such costs include, without limitation, legal fees, processing and accounting charges. Notice of late payment is not required but may be provided by City to Lessee. The parties agree that this late charge represents a fair and reasonable estimate of the costs City will incur by reason of late payment by Lessee. Other breaches and damages associated therewith may be addressed individually. Acceptance of any late charge shall not constitute a waiver of Lessee's default with respect to the overdue amount or prevent City from exercising any of the other rights and remedies available to City. ARTICLE 9 -INDEMNITY: INSURANCE 9.1 Indemnity. City shall not be liable for any loss, injury, death or damage to persons or property which at any time may be suffered or sustained by Lessee or by any person whomsoever may at any time be using or occupying or visiting the demised premises or be in, on or about the same, whether such loss, injury, death or damage shall be caused by or in any way result from or arise out of any act, omission or negligence of Lessee or of any occupant, subtenant, visitor or user of any portion of the premises, or shall result from or be caused by any other matter or thing whether of the same kind as or of a different kind than the matters or things above set forth, and Lessee shall indemnify City against all claims, liability, loss or damage whatsoever on account of any such loss, injury, death or damage. Lessee hereby waives all claims against City for damages to the building and improvements that are now on or hereafter placed or built on the premises and to the property of Lessee in, on or about the premises, and for injuries to persons or property in or about the premises, from any cause arising at any time. Lessee shall indemnify, hold harmless and assume defense of, in any actions at law or in equity, City, its officers, employees, agents and elected officials and appointive boards from all claims, losses, damages, including property damage, personal injury, including death, and liability of every kind, nature and description arising from or connected with the use of occupancy of leased premises by Lessee or performance of this Lease by Lessee or any person directly under the control of Lessee. Acceptance of insurance certificates or policy endorsements required under this lease does not relieve Lessee from liability under this Section 9.1. This Section 9.1 shall apply whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims of damages. 9.2 Insurance. During the term of this Lease, Lessee shall obtain and maintain in full Page 239 of 280 Lease Agreement Sun Willows Golf Course - 13 force and effect as a cost of the operation the following insurance coverage: A. Workers' Compensation Insurance. Full workers' compensation insurance necessary in connection with the performance of this Lease to protect Lessee and its employees under the Workers' Compensation Act. Such insurance shall relieve City from all responsibility therefor. B. Liability Insurance. Broad form property damage, personal injury, automobile, employers and comprehensive form liability insurance with carriers acceptable to City in the amount of one million US dollars ($1,000,000) for injury to or death of any one person, and one million US dollars ($1,000,000) for injury to or death of any number of persons in one occurrence, and property damage liability insurance in the amount of one million US dollars ($1,000,000) insuring against all liability of Lessee and its authorized representatives arising out of and in connection with Lessee's use of occupancy of the leased premises; provided that (1) City, its officers, agents and employees shall be added as additional insureds to the policy, (2) the policy shall stipulate that this insurance shall operate as primary insurance, and (3) the policy shall stipulate that no other insurance affected by City or other named insureds will be called upon to cover a loss covered thereunder. All public liability insurance and property damage insurance shall insure performance by Lessee of the indemnity provisions of Section 9.1. Lessee shall file with the City Manager or his designee, within fifteen (15) days of the execution of this Lease, endorsements to its insurance policy that shall provide for the above requirements. Such insurance shall specifically insure Lessee against all liability assumed by it hereunder, as well as liability imposed by law, and shall insure both City and Lessee but shall be so endorsed as to create the same liability on the part of the insurer as though separate policies had been written for City and Lessee. C. Lessee's Fire and other loss Insurance. Lessee, as an operating expense, shall maintain and keep on all its personal property, Lessee's improvements, and alterations in, on or about the leased premises, including but not limited to, buildings and other improvements, a policy of standard fire and extended or other coverage insurance (including but not limited to fire, wind, and vandalism, with sprinkler damage, vandalism and malicious mischief endorsements, to the extent of one hundred percent (100%) of their full replacement value, without reduction for depreciation of Lessee's improvements or alterations if damages, with loss payable to City and Lessee as their interests may appear. Any loss adjustment shall require the written consent of both City and Lessee. In the event of an insured loss, Lessee agrees to use the insurance proceeds to replace and repair the insured loss to the extent required under this Lease. D. City’s Fire and other loss Insurance. City, as an operating expense, shall maintain and keep on all its real property, improvements, and alterations in, on or about the leased premises, including but not limited to, buildings and other improvements, a policy of standard fire and extended or other coverage insurance (including but not limited to fire, wind, and vandalism, with sprinkler damage, vandalism and malicious mischief endorsements, to the extent of one hundred percent (100%) of their full replacement value, Page 240 of 280 Lease Agreement Sun Willows Golf Course - 14 without reduction for depreciation of Lessee's improvements or alterations if damages, with loss payable to City and Lessee as their interests may appear. Any loss adjustment shall require the written consent of both City and Lessee. In the event of an insured loss, City agrees to use the insurance proceeds to replace and repair the insured loss to the extent required under this Lease. E. Certificate of Insurance. Lessee shall complete and file in the City Manager or his designee's office, within thirty (30) days of the execution of this Lease, and prior to engaging in any operation or activity set forth in this Lease, certificates of insurance which shall provide that no cancellation, major change in coverage or non-renewal by the insurance company will be made during the term of this Lease, without thirty (30) days' written notice to City prior to the effective date of such cancellation or change in coverage. F. City's Right to Pay Premiums on Behalf of Lessee. All insurance policies referred to in this section shall be written in form satisfactory to City and by insurance companies satisfactory to City. Lessee shall pay all of the premiums therefor and deliver such policies, or certificates thereof, to City, and in the event of the failure of Lessee, either to effect such insurance in the names herein called for or to pay the premiums therefor or to deliver such policies, or certificates thereof, to City, City shall be entitled, but shall have no obligation, to effect such insurance and pay the premiums therefor, which premiums shall be repayable to City with the next installment of rental, and failure to repay the same shall carry with it the same consequence as failure to pay any installment of rental. Each insurer mentioned in this section shall agree, by endorsement on the policy or policies issued by it, or by independent instrument furnished to City, that it will give to City sixty (60) days' written notice before the policy or policies in question shall be altered or cancelled. City agrees that it will not unreasonably withhold its approval as to the form or to the insurance companies selected by Lessee. G. Definition of Full Replacement Value. The term "full replacement value" of improvements, as used herein, shall mean the actual replacement cost thereof from time to time less exclusions provided in the normal fire insurance policy. In the event either party believes that the full replacement value (that is to say, the then replacement cost less exclusions) has increased or decreased, it shall have the right, but, except as provided below, only at intervals of not less than two (2) years, to have such full replacement value redetermined by the fire insurance company which is then carrying the largest amount of fire insurance carried on the demised premises (hereinafter referred to as "impartial appraiser"). The party desiring to have the full replacement value so redetermined by such impartial appraiser shall forthwith on submission of such determination to such impartial appraiser give written notice thereof to the other party hereto. The determination of such impartial appraiser shall be final and binding on the parties hereto, and Lessee shall forthwith increase (or may decrease) the amount of the insurance carried pursuant to this section, to the amount so determined by the impartial appraiser. Such determination shall be binding for a period of two (2) years, and until superseded by agreement between the parties hereto or by a subsequent redetermination by an impartial appraiser. Lessee shall pay the fee, if any, of the impartial appraiser. If during any such two (2) year period Lessee Page 241 of 280 Lease Agreement Sun Willows Golf Course - 15 shall have made improvements to the premises, City may have such full replacement value redetermined at any time after such improvements are made, regardless of when the full replacement value was last determined. H. Adjustment of Coverage. If City reasonably determines, based on inflation or based on insurance limits customarily maintained by owners and operators of similar property to the Course, that the limits of the personal injury or property damage public liability insurance then carried to be insufficient, City shall raise the limits for such insurance then to be carried and such insurance shall thereafter be carried with the limits thus raised. The expenses of such determination, if any, shall be borne by the Lessee. I. Blanket Insurance Policies. Notwithstanding anything to the contrary contained in this section, Lessee's obligations to carry the insurance provided for herein may be brought within the coverage of a so-called blanket policy or policies of insurance carried and maintained by Lessee; provided, however that the coverage afforded City will not be reduced or diminished or otherwise be different from that which would exist under a separate policy meeting all other requirements of this Lease by reason of the use of such blanket policy of insurance, and provided further that the requirements of the foregoing Paragraph E of this section are otherwise satisfied. I. Cost of Insurance Deemed Additional Rental. The cost of insurance required to be carried by Lessee in this section shall be deemed to be additional rental hereunder. ARTICLE 10 -PROHIBITION OF INVOLUNTARY ASSIGNMENT; EFFECT OF BANKRUPTCY OR INSOLVENCY 10.1 Prohibition of Involuntary Assignment. Neither this Lease nor the leasehold estate of Lessee nor any interest of Lessee hereunder in the demised premises or in the building or improvements thereon shall be subject to involuntary assignment, transfer or sale, or to assignment, transfer or sale by operation of law in any manner whatsoever (except through statutory merger or consolidation, or devise, or intestate succession) and any such attempt at involuntary assignment, transfer or sale shall be void and of no effect. 10.2 Effect of Bankruptcy. Without limiting the generality of the provisions of the preceding Paragraph 10.1 of this section, Lessee agrees that in the event any proceedings under the Bankruptcy Code or any amendment thereto be commenced by or against Lessee, such event shall be deemed to constitute a breach of this Lease by Lessee and shall, at the election of City but not otherwise, without notice or entry or other action of City terminate this Lease and also all rights of Lessee under this Lease and in and to the demised premises and also all rights of any and all persons claiming under Lessee. ARTICLE 11 -ENCUMBRANCE OF CITY'S INTEREST, NON-DISTURBANCE AND ATTORNMENT 11.1 No Subordination of Fee Interest. Lessee shall not have the right, at any time during Page 242 of 280 Lease Agreement Sun Willows Golf Course - 16 the term of this Lease to subject the fee interest of City in the demised premises, or any part or parts thereof, including all rights and easements appurtenant thereto, to anyone or more mortgages, liens, deeds of trust or other encumbrances of such fee interest. 11.2 Mortgages of Lessee's Interest. Lessee and every successor and assign of Lessee (including, but not limited to, any Lessee of Lessee, but only with City's prior consent) are hereby given the right by City in addition to any other rights herein granted, to mortgage their interests in this Lease, or any part or parts thereof, and assign the Lease, or any part or parts thereof, and any lease(s) as collateral security for such mortgagees), upon the conditions that (i) al1 rights acquired under such mortgagees) shall be subject to each and all of the covenants, conditions and restrictions set forth in this Lease and to all rights and interests of City herein, none of which covenants, conditions or restrictions is or shall be waived by City by reason of the right given so to mortgage such interest in this Lease, except as expressly provided herein and (ii) the proceeds of any such financing shall be used solely to pay costs and expenses related to the Course and improvements thereto. If Lessee and/or City's successors and assigns (including, but not limited to, any Lessee of Lessee, but only with City's prior consent) shall mortgage this leasehold, or any part or parts thereof, and if the holder(s) of such mortgagees) shall, within thirty (30) days of its execution, send to City a true copy thereof, together with written notice specifying the name and address of the mortgagee and the pertinent recording data with respect to such mortgagees), City agrees that, so long as any such leasehold mortgage(s) shall remain unsatisfied of record or until notice of satisfaction is given by the holder(s) to City, the following provisions shall apply: A. There shall be no cancellation, surrender or modification of this Lease by joint action of City and Lessee without the prior written consent in writing of the leasehold mortgagee(s). B. City shall, upon serving Lessee with any notice of default, simultaneously serve a copy of such notice upon the holder(s) of such leasehold mortgagee(s). The leasehold mortgagee(s) shall thereupon have the same period, after service of such notice upon it, to remedy or cause to be remedied the defaults complained of, and City shall accept such performance by or at the instigation of such leasehold mortgagee(s) as if the same had been performed by Lessee. C. Anything herein contained notwithstanding, while such leasehold mortgage(s) remains unsatisfied of record, or until written notice of satisfaction is given by the holder(s) to City, if any default shall occur which, pursuant to any provision of this Lease, entitles City to terminate this Lease, and if, before the expiration of ten (10) days from the date of service of notice of termination upon such leasehold mortgagee(s), such leasehold mortgagee(s) shall have notified City of its desire to nullify such notice and shall have paid to City all rent, additional rent and other payments herein provided for, and then in default, and shall have complied or shall commence the work of complying with all of the other requirements of this Lease, if any are then in default, and shall prosecute the same to completion with reasonable diligence, then in such event City shall not be entitled to terminate this Lease and any notice of termination theretofore given shall be void and of no effect. Page 243 of 280 Lease Agreement Sun Willows Golf Course - 17 D. City agrees that the name of the leasehold mortgagee(s) may be added to the "Loss Payable Endorsement" of any and all insurance policies required to be carried by Lessee hereunder on condition that the insurance proceeds are to be applied in the manner specified in this Lease and that the leasehold mortgages, or collateral document shall so provide. E. City, Lessee and any leasehold mortgagee agree that in the event of a default under any leasehold mortgage, the transfer of the lease pursuant to any foreclosure under any leasehold Mortgage (or any transfer in lieu of foreclosure), the assignee or transferee of Lessee's right under the lease shall be subject to City's reasonable approval. Any such assignee must be experienced in the operation of courses (or employ a management company experienced in operating courses). If City does not approve any such proposed assignee which is experienced in operating golf courses (or in employing a management company experienced in operating golf courses) then the City shall operate the course or select the operator for the course, in which case City shall assume the indebtedness owed by Lessee to the leasehold mortgagee and/or shall pay such indebtedness in full. The fair market value of the Improvements will be determined through use of a mutually agreed upon appraiser and if no mutual agreement can be reached each party shall choose three appraisers and the appraiser shall be chosen randomly by lot. F. Lessee agrees that, in the event of termination of this Lease by reason of any Lessee default shall enable the City to enter into a new lease of the Demised Premises with the leasehold mortgagee(s) or its nominee(s), for the remainder of the term, effective as of the date of such termination, at the rent and upon the terms, provisions, covenants and agreements as herein contained and subject only to the same conditions of title as this lease is subject to on the date of the execution hereof, and to the rights, if any, of any parties then in possession of any part of the demised premises, provided: (i) Any new lease or transfer for such Mortgagee(s) or its nominee(s) is subject to City's prior written approval, which approval shall include the requirement that the mortgagee or its nominee (or its management company which will operate the Course) is experienced in operating courses and the mortgagee(s) or its nominee must have the financial ability to perform its obligations under the lease. (ii) Said mortgagee(s) or its nominee(s) shall make written request upon City for such new lease within fifteen (15) days after the date of such termination and such written request is accompanied by payment to City of (A) sums then due City under this Lease; and (B) a written, enforceable agreement by which leasehold mortgagee or its nominee agrees to be bound by the terms, provisions, and conditions hereof, in a form reasonably satisfactory to City. (iii) Said leasehold mortgagee(s) or its nominee(s) shall pay to City, at the time of the execution and delivery of said new lease, all sums which would, at Page 244 of 280 Lease Agreement Sun Willows Golf Course - 18 the time of the execution and delivery thereof, be due pursuant to this lease but for such termination, and in addition thereto, any expenses, including reasonable attorneys' fees, to which City shall have been subjected by reason of such default. (iv) Said leasehold mortgagee(s) or its nominee(s) shall perform and observe all covenants herein contained to be performed on Lessee's part and shall further remedy any other conditions which Lessee under the terminated lease was obligated to perform under the terms of this lease. (v) Such new lease shall be expressly made subject to the rights, if any, of City under the terminated lease. (vi) Lessee under such new lease shall have the same right obligations related to the buildings and improvements on the demised premises as Lessee had under the terminated lease. G. The proceeds from any insurance policies arising from a condemnation are to be held by any leasehold mortgagee(s) and distributed pursuant to the provisions of this lease, but the leasehold mortgagee(s) may reserve its right to apply to the mortgage debt all, or any part, of Lessee's share of such proceeds pursuant to such mortgages. H. City shall, upon request, execute, acknowledge and deliver to each leasehold mortgagee an agreement prepared at the sale cost and expense of Lessee, in a form reasonably satisfactory to such leasehold mortgagee, between City, Lessee and leasehold mortgagee, agreeing to all of the provisions of this Section 11.2. The term "mortgage," whenever used herein, shall include whatever security instruments are used in the locale of the demised premises, such as, without limitation, deeds of trust, security deeds and conditional deeds, as well as financing statements, security agreements and other documentation required pursuant to the Uniform Commercial Code. The term "mortgage," whenever used herein, shall also include any instruments required in connection with a sale-leaseback transaction. 11.3 Estoppel Certificate. At any time and from time to time, but not less than twenty (20) days subsequent to the receipt of a written request by either of them from the other, City and Lessee agree to execute, acknowledge and deliver to the requesting party a statement in writing certifying (i) that this lease is unmodified and is in full force and effect (or if there have been such modifications, that the same is in full force and effect as modified, and stating the modification); (ii) the date to which the rent and other charges have been paid; and (iii) that no notice has been received of any default which has not been cured and, to the best of its knowledge and belief, no default exists (or, if there has been notice or a default exists, a description of same). It is intended that any such statement delivered pursuant to this section may be relied upon by any prospective fee purchaser, any mortgagee or assignee of any mortgage upon the fee or leasehold interest in the demised premises, or any assignee of Lessee if such assignment is approved by City consistent with this lease agreement. Page 245 of 280 Lease Agreement Sun Willows Golf Course - 19 ARTICLE 12 -SUBLETTING AND ASSIGNMENT No part of the premises may be assigned, mortgaged, leased, nor may any right of use of any portion of the premises be conferred on any third person by any other means, without the City’s prior written consent. This provision shall apply to all transfers by operation of law. If Lessee is a corporation, Limited Liability Company or partnership, this provision shall apply to any transfer of a majority interest in Lessee’s stock or ownership interest. No consent in one instance shall prevent the provision from applying to a subsequent instance. City shall consent to a transaction covered by this provision when withholding such consent would be unreasonable in the circumstances. In determining whether to consent to assignment, City may consider the financial ability of assignee, business experience of assignee, and any other factors it deems relevant. Lessee may not sublet the premises in whole or in part without City's prior written consent except for vendor leases negotiated in the ordinary practice of course operations. The making of any such lease shall not release Lessee from, or otherwise affect in any manner, any of Lessee's obligations hereunder. Lessee may allow independent private service companies to enter and conduct business on the premises for the benefit of the Lessee's customers on an as-needed basis without a formal lease or license agreement, provided that the service is occasional and incidental to the Lessee's operation and that any compensation paid to Lessee is included in gross receipts. Lessee may assign this lease to any entity in which Lessee is an owner and a manager. Any other assignment or transfer of this lease, or any interest herein, shall require City’s prior written consent, and consent to an assignment shall not be deemed to be consent to any subsequent assignment. Any such assignment without such consent shall be void and shall, at the option of City, terminate this lease. Neither this lease nor the leasehold estate of Lessee nor any interest of Lessee hereunder in the demised premises or any buildings or improvements thereon shall be subject to involuntary assignment, transfer or sale, or to assignment, transfer or sale by operation of law in any manner whatsoever, and any such attempted involuntary assignment, transfer or sale shall be void and of no effect and shall, at the option of City, terminate this lease. ARTICLE 13 -TAXES AND ASSESSMENTS 13.1 Taxes as Additional Rental. As additional rental hereunder, Lessee shall pay and discharge as they become due, promptly and before delinquency, all taxes, assessments, rates, charges, license fees, municipal liens, levies, excises or imposts, whether general or special, or ordinary or extraordinary, of every name, nature and kind whatsoever, including all governmental charges of whatsoever name, nature or kind, which may be levied, assessed, charged or imposed, or which may become a lien or charge on or against the land hereby demised, or any part thereof, the leasehold or Lessee herein, the premises described herein, any building or buildings, or any other improvements now or hereafter thereon, or on or against Lessee's estate hereby created which may be a subject of taxation, or on or against City by reason of its leasehold of the fee underlying this lease, during the entire term hereof. Lessee shall pay as due all taxes on its personal property located on the premises and all statutory leasehold excise taxes. Page 246 of 280 Lease Agreement Sun Willows Golf Course - 20 13.2 Assessments Affecting Improvements. Specifically, and without in any way limiting the generality of the foregoing, Lessee shall pay all special assessments and levies or charges made by any municipal or political subdivision for local improvements, and shall pay the same in cash as they shall fall due and before they shall become delinquent and as required by the act and proceedings under which any such assessments or levies or charges are made by any municipal or political subdivision. If the right is given to pay either in one sum or in installments, Lessee may elect either mode of payment and its election shall be binding on City. If, by making any such election to pay in installments, any of such installments shall be payable after the termination of this lease or any extended term thereof, such unpaid installments shall be prorated as of the date of termination, and amounts payable after such date shall be paid by City. All taxes and charges under this Section shall be prorated at the commencement and expiration of the term hereof. 13.3 Contesting Taxes. If Lessee shall in good faith desire to contest the validity or amount of any tax, assessment, levy or other governmental charge herein agreed to be paid by Lessee, Lessee shall be permitted to do so, and to defer payment of such tax charge, the validity or amount of which Lessee is so contesting, until final determination of the contest, on giving to City written notice thereof prior to the commencement of any such contest, which shall be at least sixty (60) days prior to delinquency, and on protecting City on demand by a good and sufficient surety bond against any such tax, levy, assessment, rate or governmental charge, and from any costs, liability or damage arising out of any such contest. 13.4 Disposition of Rebates. All rebates on account of any such taxes, rates, levies, charges or assessments required to be paid and paid by Lessee under the provisions hereof shall belong to Lessee, and City will, on the request of Lessee, execute any receipts, assignments or other acquittance that may be received by City. 13.5 Receipts. Lessee shall obtain and deliver receipts or duplicate receipts for all taxes, assessments and other items required hereunder to be paid by Lessee, promptly on payment thereof to the City’s authorized representative at the address listed below in section 18.9. ARTICLE 14-LIENS 14.1 Lessee's Duty to Keep Premises Free of Liens. Lessee shall keep the premises and every part thereof and all buildings and other improvements at any time located thereon, other than mortgages or liens on Lessee's interest, which are authorized under Article 11 of this lease, free and clear of any and all mechanics', materialmen's and other liens for or arising out of or in connection with work or labor done, services performed or materials or appliances used or furnished for or in connection with any operations of Lessee, any alteration, improvement or repairs or additions which Lessee may make or permit or cause to be made, or any work or construction, by, for or permitted by Lessee on or about the premises, or any obligations of any kind incurred by Lessee, and at all times promptly and fully to pay and discharge any and all claims on which any such lien may or could be based, and to indemnify City and all of the premises and all buildings and improvements thereon against all such liens and claims of liens and suits or other proceedings pertaining thereto. Page 247 of 280 Lease Agreement Sun Willows Golf Course - 21 14.2 Contesting Liens. If Lessee desires to contest any such lien, it shall notify City of its intention to do so within ten (10) days after the filing of such lien. In such case, and provided by Lessee shall on demand protect City by a good and sufficient surety bond against any such lien and any cost, liability or damage arising out of such contest, Lessee shall not be in default hereunder until ten (l0) days after the final determination of the validity thereof, within which time Lessee shall satisfy and discharge such lien to the extent held valid; but the satisfaction and discharge of any such lien shall not, in any case, be delayed until execution is had on any judgment rendered thereon, and such delay shall be a default of Lessee hereunder. In the event of any such contest, Lessee shall protect and indemnify City against all loss, expense and damage resulting therefrom. ARTICLE 15 - DEFAULT 15.1 Except as to the provisions of Articles 8 and 12 hereof, Lessee shall not be deemed to be in default hereunder unless City shall first give to Lessee thirty (30) days' written notice of such default, and Lessee fails to cure such default within that thirty (30) day period. Lessee shall be deemed to be in default upon failure to pay any rent or other charge within thirty (30) days after it is due. Lessee's Default. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Lessee: A. Lessee's abandonment or vacation of the premises; or B. Lessee's failure to pay any rent or charges required to be paid by Lessee under this Lease where such failure continues for thirty (30) days after such sum is past due; or C. Lessee's failure to, promptly and fully keep and perform, or a violation by Lessee of, any of the covenants, conditions or agreements contained in this lease where such failure continues for thirty (30) days after written notice from City to Lessee; or D. The levy of a writ of attachment or execution on this lease or on any of Lessee’s property located on the premises which is not released or terminated within thirty (30) days; or E. The making by Lessee of a general assignment for the benefit of creditors, or of an arrangement, composition, extension or adjustment with its creditors; or F. The filing by or against Lessee of a petition for relief or other proceeding under the federal bankruptcy laws or state or other insolvency laws; or G. The failure of Lessee to pay any other sum of money due hereunder within thirty (30) days after notice from City that the same is past due. H. Lessee’s failure to construct and maintain facilities as required herein where Page 248 of 280 Lease Agreement Sun Willows Golf Course - 22 such failure continues for thirty (30) days after written notice from City to Lessee. I. Lessee’s failure to make any payments or maintain or provide records as required herein where such failure continues for thirty (30) days after written notice from City to Lessee. J. Lessee’s failure to perform any material provision of this agreement where such failure continues for thirty (30) days after written notice from City to Lessee. 15.2 In the event of Lessee’s default under this lease, City, in addition to the other rights or remedies it may have, shall have the immediate right of re-entry and may remove all persons and property from the premises; such property may be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of Lessee. Should City elect to re-enter, as herein provided, or should it take possession pursuant to legal proceedings or pursuant to any notice provided for by law, City may either terminate this Lease or it may from time to time, without terminating this Lease, re-let the demised premises or any part thereof for such term or terms (which may be for a term extending beyond the term of this Lease) and at such rental or rentals and on such other terms and conditions as City in the sole discretion of City may deem advisable with the right to make alterations and repairs to the demised premises. On each such re-letting (a) Lessee shall be immediately liable to pay to City, in addition to any indebtedness other than rent due hereunder, the expenses of such re-letting and of such alterations and repairs, incurred by City, and the amount, if any, by which the rent reserved in this Lease for the period of such re-letting (up to but not beyond the term of this Lease) exceeds the amount agreed to be paid as rent for the demised premises for such period on such re-letting; or (b) at the option of City, rents received by such City from such re-letting shall be applied first, to the payment of any indebtedness, other than rent due hereunder from Lessee to City; second, to the payment of any expenses of such re-letting and of such alterations and repairs; third, to the payment of rent due and unpaid hereunder, and the residue, if any, shall be held by City and applied in payment of future rent as the same may become due and payable hereunder. If Lessee has been credited with any rent to be received by such re- Letting under option (a) hereof, an such rent shall not be promptly paid to City by the new tenant, or if such rentals received from such re-letting under option (b) hereof during any month is less than that to be paid during that month by Lessee hereunder, Lessee shall pay any such deficiency to City. Such deficiency shall be calculated and paid monthly. No such re-entry or taking possession of the demised premises by City shall be construed as an election on the part of City to terminate this Lease unless a written notice of such intention is given to Lessee or unless the termination thereof is decreed by a court of competent jurisdiction. Notwithstanding any such re- letting without termination, City may at any time thereafter elect to terminate this Lease . Should City at any time terminate this Lease for any breach, in addition to any other remedy it may have, City may recover from Lessee all damages incurred by reason of such breach, including the cost of recovering the premises, and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to rent reserved in this lease for the remainder of the stated term over the then reasonable rental value of the premises for the remainder of the stated term, all of which amounts shall be immediately due and payable from Lessee to City. 15.3 City's Right to Perform. In the event that Lessee by failing or neglecting to do or Page 249 of 280 Lease Agreement Sun Willows Golf Course - 23 perform any act or thing herein provided by it to be done or performed, shall be in default hereunder and such failure shall continue for a period of thirty (30) days after written notice from City specifying the nature of the act or things to be done or performed, then City may, but shall not be required to, do or perform or cause to be done or performed such act or thing (entering on the demised premises for such purposes, if City shall so elect), and City shall not be or be held liable or in any way responsible for any loss, inconvenience, annoyance or damage resulting to Lessee on account thereof, and Lessee shall repay to City on demand the entire expense thereof, including compensation to the agents and employees of City. Any act or thing done by City pursuant to the provision of this section shall not be or be construed as a waiver of any such default by Lessee, or as a waiver of any covenant, term or condition herein contained or the performance thereof, or of any other right or remedy of City, hereunder or otherwise. All amounts payable by Lessee to City under any of the provisions of this Lease, if not paid when the same become due as is in this Lease provided, shall bear interest from the date they become due until paid at the rate of eight percent (8%) per annum, compounded annually. ARTICLE 16 -REMEDIES 16.1 Remedies. In the event of Lessee's default hereunder, and in addition to any other rights or remedies City may have under this Lease or under law, City may elect: A. To immediately terminate this lease and Lessee's right to possession of the premises by giving written notice to Lessee and (I) to recover from Lessee an award of damages equal to the sum of the unpaid rental which had been earned at the time of termination, (2) to recover any other amount necessary to compensate City for all the detriment either proximately caused by Lessee's failure to perform Lessee's obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, and (3) to recover all such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time under applicable law; or B. To have this lease continue in effect for so long as City does not terminate this Lease and Lessee's right to possession of the premises, in which event City shall have the right to enforce all of the rights and remedies provided by this Lease and by law including the right to recover the rental and other charges payable by Lessee under this Lease as they become due; or C. To have a receiver appointed to collect rent and conduct Lessee's business. Neither the filing of a petition for the appointment of a receiver nor the appointment itself shall constitute an election by City to terminate this Lease; or D. To exercise any or all of the remedies set forth in this Lease. 16.2 Right of Entry and Expenses of Lessee's Default. If Lessee shall default in the performance of any obligation on Lessee's part to be performed under this lease, City may, following reasonable notice to Lessee, enter the premises and perform the same for Lessee's account with City personnel and equipment or with the services of a private contractor. If City at Page 250 of 280 Lease Agreement Sun Willows Golf Course - 24 any time is compelled or elects to pay or incur any cost or expense (including, but not limited to, reasonable attorneys' fees) by reason of Lessee's default, Lessee shall, upon demand, pay to City as additional rental the amount of such costs and expenses, together with interest at the maximum rate set forth in this lease from and after the date paid or incurred. 16.3 Partial Payment: Allocation of Payments. No Lessee payment or receipt by City of a lesser amount than the rent and charges provided for in this lease shall be deemed to be other than on account of the earliest due rent or charges. No endorsement or statement on any check or letter accompanying any check or payment shall be an accord and satisfaction, and City may accept any such check of payment without prejudice to City's right to recover the balance of the rent and charges due hereunder or pursue any other remedy provided in the lease or by law. City shall have the absolute right in its sole discretion to apply any Lessee payment received to any other Lessee account or payment obligations then delinquent. 16.4 City's Default. In the event City fails to perform any covenant, condition or agreement contained in this Lease within thirty (30) days after Lessee’s written notice specifying such default or, where City's default cannot reasonably be cured within thirty (30) days and City fails to commence to cure within that period, then City shall be liable to Lessee for any damages sustained by Lessee resulting from City's breach. Lessee shall not have the right to terminate this lease or to withhold, reduce or offset any amount against any payments of rents or charges due and payable under this Lease, except as may be specifically provided herein. Lessee shall not have, and hereby waives, any claim against City for money damages arising by reason of any refusal, withholding or delay by City in giving any consent, approval or statement of satisfaction. City will not unreasonably withhold any such consent, approval or statement of satisfaction. Lessee's only remedies for any such refusal, withholding or delay shall be an action for specific performance, injunction or declaratory judgment. ARTICLE 17 - EFFECT OF EMINENT DOMAIN 17.1 Effect of Total Condemnation. In the event the entire demised premises shall be appropriated or taken under the power of eminent domain by any public or quasi-public authority, this lease shall terminate and expire as of the date of such taking, and Lessee shall thereupon be released from any liability thereafter accruing hereunder and Lessee shall receive all condemnation awards applicable to the improvements constructed and paid for by Lessee on the demised premises as set forth in subparagraph C below. 17.2 Effect of Partial Condemnation. In the event a portion of the demised premises shall be so appropriated or taken and the remainder of the property shall not be suitable for the use then being made of the property by Lessee, or if the remainder of the property is not one undivided parcel of property, Lessee shall have the right to terminate this Lease as of the date of such taking on giving to City written notice of such termination within thirty (30) days after City has notified Lessee in writing that the property has been so appropriated or taken and Lessee shall receive all condemnation awards applicable to the improvements constructed and paid for by Lessee on the demised premises as set forth in subparagraph C below. Page 251 of 280 Lease Agreement Sun Willows Golf Course - 25 In the event of such partial taking and Lessee does not so terminate this lease, then this lease shall continue in full force and effect as to the part not taken, and the rental to be paid by Lessee during the remainder of the term, shall be determined in the manner hereinabove provided for in such rental adjustment provisions, and any such determination shall not affect or change the times at which City may require an adjustment in rent under such provisions, provided, however, that the words "which in no event shall be less than the rental then being paid by Lessee" appearing in such rental adjustment provisions shall not apply with respect to such determination, but shall apply with respect to any subsequent adjustment under such rental provisions. 17.3 Condemnation Award. In the event of the termination of this lease by reason of the total or partial taking of the premises by eminent domain, then in any such condemnation proceedings City and Lessee shall be free to make claim against the condemning or taking authority for the amount of any damage done to them, respectively, as a result thereof. In the event of a partial taking of the premises and this lease is not terminated, then Lessee shall have the right to make claim against the condemning or taking authority for only the un- amortized cost of the improvements placed on the demised premises by Lessee and located thereon at the time of the taking or appropriation, which improvements shall be deemed to have been amortized in equal annual amounts over the period commencing with the date of completion of such improvements at an assumed interest sale equal to twelve percent (12%) per year. ARTICLE 18 -MISCELLANEOUS PROVISIONS 18.1 Waiver. Any City waiver of, or failure to take action with respect to any breach of any term, covenant, or condition herein contained shall not be deemed to be a waiver of such term, covenant, or condition, or subsequent breach of the same, or any other term, covenant, or condition therein contained. City’s subsequent acceptance of rent hereunder shall not be deemed to be a waiver of any preceding Lessee breach of any term, covenant, or condition of this lease, other than the Lessee’s failure to pay the particular rental so accepted, regardless of City's knowledge of such preceding breach at the time of acceptance of such rent. No covenant, term or condition of this Lease shall be deemed to have been waived by City, unless such waiver be in writing by City. 18.2 Transfer of Security. If any security Lessee provides to secure the faithful performance of all or any of the covenants of this lease on Lessee’s behalf, City may transfer or deliver the security, as such, to the purchaser of the reversion, in the event that the reversion be sold, and thereupon City shall be discharged from any further liability in reference thereto. 18.3 Independent Contractor. It is understood by and between the parties hereto that Lessee, in the performance of this Lease, shall act as, and be, an independent contractor and not an agent or employee of City. The parties agree and acknowledge neither have any intention to create a joint venture or partnership relation between Lessor and Lessee and the same is hereby expressly disclaimed by both. 18.4 Timely Implementation. The parties hereto agree to immediately and diligently proceed with their respective duties as set forth herein to the end that the course will be managed Page 252 of 280 Lease Agreement Sun Willows Golf Course - 26 and operated in a satisfactory manner. 18.5 Factors Beyond Lessee's Control. Lessee is not responsible for damages and will not be in default or deemed to be in default by reason of strikes, lockouts, accidents or acts of God, or City failure to furnish timely information or to approve or disapprove Lessee's work promptly, or delay or faulty performance of City, other contractors or governmental agencies, or any other delays beyond Lessee's reasonable control. 18.6 Surrender. Upon expiration of the term hereof, or earlier termination or cancellation as herein provided, Lessee shall peaceably vacate the premises and any and all improvements located herein and deliver up the same to City in a reasonably good condition, ordinary wear and tear excepted, subject to the other provisions of this lease. Lessee shall pay the rent and all other sums required to be paid by Lessee hereunder in the amounts, at the times, and in the manner herein provided, and shall keep and perform all the terms and conditions hereof on its part to be kept and performed. In the event of the non-performance by Lessee of any of the covenants of Lessee undertaken herein, this lease may be terminated as herein provided. The voluntary or other surrender of this lease by Lessee, or a mutual cancellation thereof, shall not work a merger, and shall, at the option of City, terminate all or any existing leases or subtenancies (unless otherwise agreed by the City in writing), or may, at the option of City, operate as an assignment to it of any or all such leases or subtenancies. 18.7 Administration. The City Manager or his designee shall be responsible for the administration of this lease on behalf of City and shall be assisted therein by those officers and employees of City having duties in connection with the administration thereto. 18.8 Attorneys' Fees. If any action at law or in equity shall be brought to recover any rent under this lease, or for or on account of any breach of, or to enforce or interpret any of the covenants, terms, or conditions of this Lease, or for the recovery of the possession of the demised premises, the parties shall be responsible for their own costs and attorneys' fees and shall not be allowed to recover same from the other party. 18.9 Notices. Any notice, demand, request, consent, approval or communication that either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, certified mail. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the other party shall be addressed to the party for whom intended as follows: THE CITY OF PASCO: Mr. Zach Ratkai, Director Administrative & Community Services City of Pasco 525 North 3rd Pasco WA 99301 ratkaiz@pasco-wa.gov Page 253 of 280 Lease Agreement Sun Willows Golf Course - 27 LESSEE: Either party may change its address by notifying the other party of the change of address. Notice shall be effective when received. Notice shall be deemed received within seventy-two (72) hours from the time of mailing if mailed as provided in this section. 18.10 Exhibits. All exhibits referred to, whether or not they are attached to this Lease, are incorporated herein by reference. 18.11 Number and Gender. Whenever the singular is used in this lease and when required by the context, the same shall include the plural, and the masculine gender shall include the feminine and neuter genders, and the word "person" shall include corporation, firm or association. 18.12 Tables of Contents and Captions. The table of contents and captions of this lease are not a part of this lease and shall have no effect upon the construction or interpretation of any part of this lease. 18.13 Covenants and Conditions. Each term and each provision, including, without limitation, the obligation for the payment of rental to be performed by Lessee or City as the case may be, shall be construed to be both a covenant and a condition of this lease. 18.14 Binding. Except as otherwise provided herein, each of the terms, covenants, and conditions of this lease shall extend to and be binding on and shall inure to the benefit of not only City and Lessee but to each of their respective heirs, administrators, executors, successors and assigns. Whenever in this lease reference is made to either City or Lessee, the reference shall be deemed to include, wherever applicable, the heirs, administrators, executors, successors and assigns of such parties, the same as if in every case expressed, and all of the parties hereto shall be jointly and severally liable hereunder. 18.15 Interpretation. This lease shall be construed and interpreted in accordance with the laws of the State of Washington. The language in all parts of this lease shall be in all cases construed simply according to its fair meaning, and not strictly for or against City. 18.16 Entire Agreement. This lease, and any exhibits or addenda attached hereto and forming a part hereof, including the RFP and the proposal by Lessee, set forth all the covenants, agreements and conditions between City and Lessee concerning the premises, the building and other improvements, and there are no covenants, agreements or conditions either oral or written between them other than as are herein set forth. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this lease shall be binding upon City or Lessee unless reduced to writing and signed by the party to be charged with their performance. 18.17 Time of the Essence. Time is of the essence of this lease, and of each and every covenant, term, condition, and provision hereof. Page 254 of 280 Lease Agreement Sun Willows Golf Course - 28 18.18 Section Captions. The captions appearing under the section number designations of this lease are for convenience only and are not a part of this lease and do not in any way limit or amplify the terms and provisions of this lease. ARTICLE 19 - LIST OF EXHIBITS Exhibit A – Description of Premises Obligations Exhibit A-2 – Personal Property Inventory (to be included within 90 days) Exhibit B – Maintenance Standards Page 255 of 280 Lease Agreement Sun Willows Golf Course - 29 ARTICLE 20 -MEMORANDUM OF LEASE The City and Lessee agree to execute and record a memorandum of this lease in the Register's Office of Franklin County, Washington evidencing the terms of this lease, which memorandum of lease shall include, without limitation, a description of the term of the lease and any renewal of extension options set forth herein. IN WITNESS WHEREOF, the parties have hereunto set their hands as of the date first above written. CITY OF PASCO, WASHINGTON COURSECO By: ___________________________ By: ___________________________ Dave Zabell, City Manager ___________________________ Approved as to Form: _________________________________ Kerr Ferguson Law, PLLC City Attorney STATE OF WASHINGTON ) :ss County of Franklin ) On this day personally appeared before me DAVE ZABELL, City Manager for the City of Pasco, Washington, described in and who executed the within and foregoing instrument, and acknowledged that he signed as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official this _____ day of __________________, 2021. ___________________________________________ Print Name: ________________________________ Notary Public in and for the State of Washington Residing at: ________________________________ My Commission Expires: _____________________ STATE OF WASHINGTON ) :ss County of Franklin ) Page 256 of 280 Lease Agreement Sun Willows Golf Course - 30 On this day personally appeared before me ______________, ___________________for ___________________, described in and who executed the within and foregoing instrument, and acknowledged that he/she signed as his/her free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official this _____ day of __________________, 2021. ___________________________________________ Print Name: ________________________________ Notary Public in and for the State of Washington Residing at: ________________________________ My Commission Expires: _____________________ Page 257 of 280 Lease Agreement Sun Willows Golf Course - 31 EXHIBIT A Property Description Parcel No. 113300106 Address: 1825 Sun Willows Blvd Pasco, WA 99301 West 1207.54' OF NE4th 19-9-30 LY N OF NLY R/W OF HWY & NW4 19-9-30 EXC PTN LY WITHIN RS#498653, EXC SUN WILLOWS DIV 2 THRU 6 AND EXC PTN DEEDED IN DOC #396531(RED LION) Page 258 of 280 Lease Agreement Sun Willows Golf Course - 32 Exhibit A-2 – Personal Property To be provided within Ninety (90) Days of Commencement of this Lease. Page 259 of 280 Lease Agreement Sun Willows Golf Course - 33 Exhibit B Maintenance Standards Sun Willows FACILITY MAINTENANCE STANDARDS COURSE: Sun Willows DATE: 8/1/2021 Peak Season Shoulder Season Peak Season Shoulder Season GREENS TEES Species/Variety bent poa bent poa Species/Variety bent/poa/rye bent/poa/rye HOC .90 - .110 0.125 HOC .5" .5" Target Speed 9 - 10 9 - 10 Mowing Freq. 2-3x/week as needed Mowing Freq. 6x/week as needed Mower Type triplex triplex Clean up cut Freq. every other day as needed Verticut Freq. n/a n/a Mower Type triplex triplex Topdress Freq. 1-2x/season n/a Verticut Freq. 2 to 4 times/month as needed Aerification Freq. 1-2x/season n/a Topdress Freq. 3 to 4 times/month as needed Divot Repair Freq. n/a as needed Aerification Freq. 2x/season n/a Accessory Rotation Freq. as needed no Tine size & spacing 1/4"-5/8";1"x1" n/a Logo-ed Accessories no no Ball Mark Repair Freq. before mowing as needed Access. Repl. Sched. as needed n/a Logo-ed Flags yes yes Time to Repair Damage immediately as needed Pin Placement Rotation 4x/week as needed Overseeding Rate 3#/m n/a Time to Repair Damage immediately as needed Preventive Fungicides annually as needed Access. Repl. Sched. 2x/yr as needed Insect Control as needed n/a Pinspotter/Pin Sheets no no Weed Control 2x/season n/a Overseeding Rate 1#/m n/a Yardage plate edging freq 1x/month n/a Prev. Fungicide Apps as needed as needed Peak Season Shoulder Season Insect Control as needed n/a BUNKERS Weed Control hand weed as needed Raking Freq. 2-4x/week 1x/month Peak Season Shoulder Season Sand depth slopes 2" 2" FAIRWAYS Sand depth bottom 3"- 4" 3"- 4" Species blue/rye/poa blue/rye/poa Sand Type & Source bb207/unipar bb207/unipar Page 260 of 280 Lease Agreement Sun Willows Golf Course - 34 HOC .5" .5" Time to dry after Irrig. n/a n/a Mowing Freq. 2-3x/week as needed Raking Method mechanical mechanical Mower Type reel mower reel mower Hand Rakes (avg/bunker) 2 2 Verticut Freq. n/a n/a Edging Freq. 2x/yr n/a Topdress Freq. n/a n/a Mechanical weedeater n/a Aerification Freq. 1-2x/season n/a Chemical n/a n/a Divot Repair Freq. n/a n/a Time to Repair Damage immediately as needed Yardage Markers 1x/month as needed Time to Pump n/a n/a Irrig. Head Yardage n/a n/a Peak Season Shoulder Season Irrig. Head Trim Freq. 1x/yr n/a CART PATHS asphalt asphalt Time to Repair Damage immediately as needed Edging Freq. 1x/year n/a Overseeding Rate n/a n/a Sweep/Blow Freq. as needed as needed Preventive Fungicides n/a n/a Traffic Control (TC) type traffic stakes traffic stakes Insect Control as needed n/a TC Rotation schedule as needed as needed Weed Control 2x/season n/a Peak Season Shoulder Season INTERMEDIATE ROUGH Cutting Height n/a n/a Cutting Freq n/a n/a Mower Type n/a n/a Sun Willows FACILITY MAINTENANCE STANDARDS COURSE: Sun Willows DATE 8/1/2021 Peak Season Shoulder Season Peak Season Shoulder Season ROUGHS COURSE RESTROOMS portables 2 portable 3 Species blue/rye/poa blue/rye/poa Cleaning Freq. 2x/week 1x/week HOC 1.5 1.5 Mowing Freq. 1-2x/week as needed LAKES/STREAMS ponds 4 ponds 4 Mower Type rotary rotary Hazard Stakes weekly as needed Trimming Freq. 2x/month as needed Trim Mow Freq. bi weekly n/a Page 261 of 280 Lease Agreement Sun Willows Golf Course - 35 Trimming Type weedeat weedeat %Aquatic Weed Allow. n/a n/a Verticut Freq. n/a n/a Aerification Freq. as needed n/a RANGE TEE Yardage Markers n/a n/a Species rye/poa rye/poa Irrig. Head Yardage n/a n/a HOC .5" .5" Time to Repair Damage immediately as needed Mowing Freq. 2x/week as needed Overseeding Rate n/a n/a Mower Type reel mower reel mower Preventive Fungicides n/a n/a Trimming Freq. 1x/week n/a Insect Control as needed n/a Verticut Freq. n/a n/a Weed Control as needed n/a Topdress Freq. 2x/season n/a Aerification Freq. 1-2x/season n/a Peak Season Shoulder Season Divot Repair Freq. n/a n/a GROUNDS/PARKING Yardage Markers n/a n/a Turf Mowing Freq. 1x/week as needed Time to Repair Damage immediately as needed HOC 1.5" 1.5" Overseeding Rate 3#/m n/a Mower Type rotary rotary Preventive Fungicides n/a as needed Trimming Freq. when mowed as needed Insect Control n/a n/a Trimming Type weedeat weedeat Weed Control 2x/season n/a Overseeding Rate n/a n/a Turf/Mat Rotation Freq. 2-3x/week 2x/week Preventive Fungicides n/a n/a Insect Control n/a n/a Peak Season Shoulder Season Weed Control 2x/season n/a NATIVE AREAS Edging Freq. when mowed n/a Species n/a n/a Sweep/Blow Freq. when mowed as needed Chem Weed Control n/a n/a Time to Repair Holes immediately as needed Hand Weed Control n/a n/a Time to Repair Drainage immediately as needed Trimming Freq. n/a n/a Color Change Out Freq. n/a n/a Trimming Type n/a n/a Page 262 of 280 AGENDA REPORT FOR: City Council August 25, 2021 TO: Dave Zabell, City Manager City Council Regular Meeting: 9/7/21 FROM: Steve Worley, Director Public Works SUBJECT: *Resolution - Interlocal Agreement for the Quad-City Stormwater Grant Application I. REFERENCE(S): Resolution ILA Consultant Agreement II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. _____, authorizing the City Manager to execute an Interlocal Agreement between the Cities of Kennewick, Richland, Pasco, and West Richland for the administration and funding of the Quad -City Stormwater Grant Stormwater Quality Study and Effectiveness Water application. III. FISCAL IMPACT: Funded by Stormwater Utility rates to provide City staff support as needed to efficiently administer the Grant application for the Effectiveness Study planning and implementation. Respective share agreement expenses will be distributed equally between the Cities' jurisdictions. Funding source will be amended if the Cities are successful in obtaining the Grant for the Effectiveness Study. Anticipated cost to the City of Pasco for the effectiveness study grant application is not to exceed $2,000. The total cost associated with the effectiveness study is not to exceed $150,000. This cost is anticipated to be covered with Grant funds, should the application be successful. IV. HISTORY AND FACTS BRIEF: Page 263 of 280 The Washington State Department of Ecology issued th e Eastern Washington Phase II Municipal Stormwater Permit (Phase II Permit) in July of 2019. Section S8.A.2 of the Phase II Permit requires coordination with other permittees within the same Urban Area to plan and begin a Stormwater Management Program Effectiveness Study. In accordance with the Phase II Permit, each permittee participates in the Effectiveness Study by either serving as the lead entity, contributing staff time and other in-kind services, or providing funding. The Quad-Cities are partners in many aspects of the Stormwater compliance requirements; including coordinating outreach efforts which result in efficient use of funds for all participants. To obtain funding for the Effectiveness Study, the Quad-Cities, with City of West Richland as designated lead entity, have collaborated to select an engineering consultant, Osborn Consulting Incorporated (OCI), to prepare: 1) an Ecology grant application, 2) the conceptual study overview fact sheet, and 3) a draft letter of support from all jurisdictions. All grant application materials were due and submitted to the Department of Ecology in July 2021. The method by which Department of Ecology (Ecology) mitigates adverse impacts to surface water and groundwater from development and construction activities is through the application of stormwater Best Management Practices (BMPs). BMPs are defined as schedules of activities, prohibitions of practices, structures, and/or managerial practices that when used singly or in combination, prevent or reduce the release of pollutants within water supplies. This Effectiveness Study will evaluate the performance of a specific type of structural BMP known as a biofiltration swale, which is typically used to address treatment of stormwater runoff by removing sediment and other pollutants. The representatives of the Quad-Cities met and discussed BMP study subjects, prior to agreeing to perform an Effectiveness Study on “treatment capacity of non-vegetated swales.” This subject, (if the results of the study meet the basic treatment performance goals established by Ecology), is anticipated to help regional agencies transition to the implementation of non-vegetated biofiltration swales for stormwater treatment and disposal as an alternative to the currently required vegetated swales. Vegetated swales within Benton & Franklin Counties' climate require irrigation systems and high amount of maintenance; given that the area's wet months are not during growing seasons. If Ecology grant funds are awarded for the Effectiveness Study, Pasco intends to remain a contributing entity and a participant of the technical advisory committee throughout execution of the study. Page 264 of 280 This interlocal agreement (ILA) will be amended in the near future to account for the work associated with the Effectiveness Study itself once the grant funding is confirmed. V. DISCUSSION: Staff recommends the execution of the ILA with the Quad-Cities for the administration and funding of the Quad-City Stormwater Effectiveness Study and Water Quality Stormwater Grant application. Page 265 of 280 Resolution - Quad-Cities Stormwater Grant Application ILA - 1 RESOLUTION NO. _________ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITIES OF KENNEWICK, RICHLAND, PASCO, AND WEST RICHLAND FOR THE ADMINISTRATION AND FUNDING OF THE QUAD-CITY STORMWATER EFFECTIVENESS STUDY AND WATER QUALITY STORMWATER GRANT APPLICATION. WHEREAS, in July 2019, the Washington State Department of Ecology issued the Eastern Washington Phase II Municipal Stormwater Permit (herein “Permit”); and WHEREAS, the Permit requires the Quad-Cities to participate in the implementation of a Stormwater Management Program Effectiveness Study (S8.A of the Permit); to obtain funding to complete this study the Quad-Cities will be applying for a Department of Ecology 2021-2023 Water Quality Stormwater Grant (hereinafter “Grant”); and WHEREAS, staff in the cities of Richland, Kennewick, Pasco and West Richland have collaborated to select an engineering consultant and to negotiate a scope of work and budget for the preparation of the Grant application; and WHEREAS, the Interlocal Cooperation Act contained in RCW 39.34 authorizes local governments such as the Parties to this Interlocal to contract for the joint conduct of activities which each of the Parties is individually authorized to perform. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: Section 1. That the City Council of the City of Pasco approves the terms and conditions of the Interlocal Agreement between Cities of West Richland, Kennewick, Richland and the City of Pasco, a copy of which is attached hereto and incorporated herein by reference as Exhibit A; and Section 2. West Richland has awarded and will administer the consultant agreement contemplated under this Interlocal Cooperation Agreement. The consultant agreement is attached hereto and incorporated herein by reference as Exhibit B; and Section 3. Consultant expenses shall be shared in four (4) equal amounts between Richland, West Richland, Pasco and Kennewick. West Richland shall issue invoices to Richland, Pasco, and Kennewick for their respective share agreement expenses; and Section 4. The City Manager of the City of Pasco, Washington, is hereby authorized, empowered, and directed to execute said Interlocal Agreement on behalf of the City of Pasco; and to take all necessary steps required to complete this transaction. Page 266 of 280 Resolution - Quad-Cities Stormwater Grant Application ILA - 2 Be It Further Resolved, that this Resolution shall take effect immediately. PASSED by the City Council of the City of Pasco, Washington this ___ day of ____________, 2021. _____________________________ Saul Martinez Mayor ATTEST: APPROVED AS TO FORM: _____________________________ _____________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Page 267 of 280 2021 Interlocal Cooperation Agreement – Quad-City Stormwater Grant Application Page 1 INTERLOCAL COOPERATION AGREEMENT Between Cities of Kennewick, Richland, Pasco and West Richland For Administration and Funding of Quad-City Stormwater Effectiveness Study and Water Quality Stormwater Grant Application THIS INTERLOCAL AGREEMENT (“Agreement”) is entered into on this _______ day of _____________, 2021 by and between the City of Kennewick (hereinafter “Kennewick”), the City of Richland (hereinafter “Richland”), the City of Pasco (hereinafter “Pasco”), and the City of West Richland (hereinafter “West Richland”), all municipal corporations of the State of Washington (referred to collectively as the “Quad-Cities”). This Agreement is made in conformance with and under the authority granted by RCW 39.34, the Interlocal Cooperation Act. I.Recitals WHEREAS, in July 2019 the Washington State Department of Ecology issued the Eastern Washington Phase II Municipal Stormwater Permit (hereinafter “Permit”); and WHEREAS, the Permit requires the Quad-Cities to participate in the implementation of a Stormwater Management Program Effectiveness Study (S8.A of the Permit);to obtain funding to complete this study the Quad-Cities will be applying for a Department of Ecology 2021-2023 Water Quality Stormwater Grant (hereinafter “Grant”) and WHEREAS, staff in Richland, Kennewick, Pasco and West Richland have collaborated to select an engineering consultant and to negotiate a scope of work and budget for the preparation of the Grant application; and WHEREAS, the Interlocal Cooperation Act contained in RCW 39.34 authorizes local governments such as the Parties to this Interlocal to contract for the joint conduct of activities which each of the Parties is individually authorized to perform. NOW, THEREFORE, the Parties hereby agree as follows: II. Agreement Section 1. Purpose The purpose of this Interlocal Cooperation Agreement is to authorize a collaborative effort between the Parties to complete the application process for the Grant. Section 2. Legal Entity No separate legal or administrative entity is created upon execution of this Interlocal Cooperation Agreement. Section 3. Administration West Richland has awarded and will administer the consultant agreement contemplated under this Interlocal Cooperation Agreement. The consultant agreement is attached as Exhibit A. EXHIBIT A Page 268 of 280 2021 Interlocal Cooperation Agreement – Quad-City Stormwater Grant Application Page 2 Section 4. Funding and Contributions Consultant expenses shall be shared in four (4) equal amounts between Richland, West Richland, Pasco and Kennewick. West Richland shall issue invoices to Richland, Pasco, and Kennewick for their respective share agreement expenses. Invoices shall issue no more frequently than monthly. Scope and budget changes that increase the project budget may only be executed after written authorization from all four Parties. Section 5. Property No real or personal property shall be acquired as a consequence of the execution of this Interlocal Cooperation Agreement. Section 6. Additional Resources Richland, Kennewick, Pasco, and West Richland will provide staff support to complete data requests, meeting attendance, and reviews as needed to efficiently administer the Grant application. This Interlocal Agreement will be amended if the Quad-Cities are successful in obtaining the Grant for the Effectiveness Study. Section 7. Duration This Agreement shall expire twelve months after the close-out of the consultant agreement. All obligations to pay the respective one-fourth share to fund the plan update shall survive termination of this Agreement. Section 8. Notices Written notice shall be directed to the parties as follows: City of Richland 625 Swift Boulevard, MS-26 Richland, WA 99352 Attn: Public Works Director City of West Richland 3100 Belmont Blvd., Suite 102 West Richland, WA 99353 Attn: Public Works Director City of Kennewick 210 W. 6th Avenue Kennewick, WA 99336 Attn: Public Works Director City of Pasco 525 N. 3rd Avenue Pasco, WA 99301 Attn: Public Works Director Section 9. Filing Pursuant to RCW 39.34.040, this Agreement shall become effective upon filing with the Benton County Auditor or posting on each agency’s website after it is fully executed by all Parties. Section 10. Modification This Agreement may be amended or modified only in writing, and only with the written consent of each undersigned party. Section 11. Severability If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable as written, the remainder of the Agreement or the applications of the remainder of the Agreement shall not be affected. To this end, the terms and conditions of this Agreement are declared severable. Page 269 of 280 2021 Interlocal Cooperation Agreement – Quad-City Stormwater Grant Application Page 3 Section 12. Jurisdiction & Venue Jurisdiction and venue for any action relating to the interpretation, enforcement, or any dispute arising from this Agreement shall be in Benton County Superior Court. This Agreement shall be construed, and the legal relations between the parties hereto shall be determined in accordance with the laws of the State of Washington. Section 13. Waiver No waiver by either party hereto of any terms or conditions of this Agreement shall be deemed or construed to be a waiver of any other term or condition, nor shall the waiver of any breach be deemed or construed to constitute a waiver of any subsequent breach, whether of the same or any other term or condition of this Agreement. [Signature Page to Follow] Page 270 of 280 2021 Interlocal Cooperation Agreement – Quad-City Stormwater Grant Application Page 4 IN WITNESS WHEREOF, the Parties have signed this Agreement as of the day and year written above. CITY OF RICHLAND CITY OF KENNEWICK __________________________________ _______________________________ Jon Amundson, Interim City Manager Don Britain, Mayor Attest : Attest: _________________________________ ________________________________ Jennifer Rogers, City Clerk Terri L. Wright, City Clerk Approved as to form: Approved as to form: _______________________________ ________________________________ Heather Kintzley, City Attorney Lisa Beaton, City Attorney CITY OF WEST RICHLAND CITY OF PASCO ________________________________ _______________________________ Brent Gerry, Mayor Dave Zabell, City Manager Attest: Attest: ________________________________ _______________________________ Stephanie Haug, City Clerk Debby Barham, City Clerk Approved as to Form: Approved as to Form: _________________________________ _______________________________ Bronson Brown, City Attorney Cindy A. Briggs, City Attorney Page 271 of 280 EXHIBIT B Page 272 of 280 Page 273 of 280 Page 274 of 280 QUALITY OF LIFE Promote a high-quality of life through quality programs, services and appropriate investment and re- investment in community infrastructure by: • Using Community Development Block Grant (CDBG) and other public and private capital to revitalize older neighborhoods and safe routes to essential services. • Continuing efforts toward designing, siting, programming needs, and site selection for a community center and pursuing acquisition of land for future community park. • Developing Phase I of the A Street Sporting Complex and continue efforts to provide additional soccer and sports fields. • Coordinating with the Pasco Public Facilities District to develop a public education campaign, financial analysis and prepare a ballot measure concerning the development of a regional aquatic facility for consideration by the people. • Completing construction of a new animal control facility. • Ongoing efforts to improve efficiency and effectiveness of public resources in the delivery of municipal services, programs, and long-term maintenance and viability of public facilities. • Collaborating with the Inclusion, Diversity and Equity Commission and community leaders to enhance engagement efforts and organizational cultural competency. • Updating design standards for the development of new neighborhoods and re-development to promote greater neighborhood cohesion through design elements, e.g.: walkability, aesthetics, sustainability, and community gathering spaces. • Updating Parks and Facilities Comprehensive Plan to include: public facilities inventory, needs assessment, level of service, and centers evaluation. • Teaming with local and regional partners to develop a Housing Action Plan with a focus on strategies that emphasize affordable housing. FINANCIAL SUSTAINABILITY Enhance the long-term financial viability, value, and service levels of services and programs, including: • Regular evaluation of services and programs to confirm importance to community, adequacy, and cost-benefit. • Continuation of cost of service and recovery targets in evaluating City services. • Ongoing evaluation of costs, processes and performance associated with delivery of City services including customer feedback and satisfaction, staffing, facilities, and partnership opportunities. • Instilling and promoting an organizational culture of customer service across all business lines. • Updating policies relating to urbanization of the unincorporated islands to assure consistency with long-range planning, community safety, and fiscal sustainability. City Council Goals 2020-2021 Page 275 of 280 COMMUNITY SAFETY Preserve past improvements and promote future gains by: • Developing a Comprehensive Police Strategic Master Plan through a transparent process to evaluate future service levels of the department to assure sustainability, public safety, and crime control over the next 5-10 years. • Collaborating with regional and community partners to evaluate and implement strategies to reduce the incidence of homelessness. • Leveraging and expanding partnerships to maintain and enhance behavioral health services to community members in crisis being assisted by police and fire. • Continuing efforts to improve police and community relations. • Working to achieve and maintain target fire response times through operational improvements and long-range strategic planning of facilities and staffing. • Focusing on the long-term goal of sustaining a Washington State Rating Bureau Class 3 community rating. • Leveraging infrastructure database of sidewalks, streetlights and pavement conditions along with evaluating policies and methods to address needs and inequities. COMMUNITY TRANSPORTATION NETWORK Promote a highly-functional multi-modal transportation network through: • Commencement and completion of construction of the Lewis Street Overpass project. • Continued emphasis on improvements in Road 68/I-182/Burden Blvd. corridor to improve operation and safety. • Data-driven pro-active neighborhood traffic calming efforts. • Continued collaboration with Ben Franklin Transit to enhance mobility and access. • Completion of a Transportation System Master Plan and utilization of its recommendations to develop policies, regulations, programs, and projects that provide for greater connectivity, strategic investment, mobility, multi-modal systems, accessibility, efficiency and safety. ECONOMIC VITALITY Promote and encourage economic vitality by supporting: • Downtown revitalization efforts of Downtown Pasco Development Authority (DPDA), post-COVID restart, and City initiatives such as Downtown Master Plan process and sign code modifications. • The construction of Peanuts Park and Farmers Market and continued efforts to pursue streetscape and gateway upgrades. • The completion of the Comprehensive Land Use Plan Update and Broadmoor Master Plan efforts, adoption of Urban Growth Area expansion alternative, implementation of adopted long-range planning efforts with appropriate analysis and adoption of planning actions including: zoning code changes, phased sign code update, and development regulations and standards. • Increased efforts to promote the community as a desirable place for commercial and industrial development by promoting small business outreach and assistance, predictability in project review, and excellent customer service. • Partnerships and encouragement of Department of Natural Resources (DNR) to facilitate development of the remaining state-owned properties at Road 68/I-182. Page 276 of 280 • Continued coordination with the Port of Pasco to complete and implement a waterfront-zoning plan and provide for public infrastructure. • Active partnerships in the planning and development of strategies to promote tourism and deployment of assets to spur economic activity. • In concert with community partners, development of a comprehensive economic development plan. COMMUNITY IDENTITY Identify opportunities to enhance community identity, cohesion and image through: • Continued efforts of community surveying through traditional methods and the application of new technologies. • Providing opportunities for community engagement through boards, commissions, volunteer opportunities, social media, forums, and other outlets. • Enhanced inter-agency and constituent coordination developed during the pandemic. • Continued efforts of the community identity/image enhancement campaign to include promotion of community and organizational successes. • Enhanced participation and support of cultural events occurring within the community. • Support of the Arts and Culture Commission in promoting unity and the celebration of diversity through art and culture programs. For more information, visit www.pasco-wa.gov/councilgoals Page 277 of 280 CALIDAD DE VIDA Promover una vida de buena calidad a través de programas de calidad, servicios e inversiones y reinversiones adecuadas en la infraestructura de la comunidad al: • Utilizar una Community Development Block Grant (CDBG) (Concesión de Ayuda Federal para el Desarrollo Comunitario) y otro capital público y privado para renovar las vecindades antiguas y las rutas seguras a los servicios esenciales. • Continuar los esfuerzos hacia el diseño, las obras de construcción, las necesidades programáticas, y la elección de dichas obras de construcción, para un centro comunitario y comprar el terreno para un futuro parque comunitario. • Desarrollar la 1era Fase del Sporting Complex (Complejo Deportivo) de la Calle A y continuar los esfuerzos de proporcionar más campos de fútbol y de otros deportes. • Coordinar con el Pasco Public Facilities District (Distrito de las Instalaciones Públicas de Pasco) para desarrollar una campaña de educación pública, un análisis financiero, y preparar una propuesta sobre el desarrollo de una instalación acuática regional para que sea considerada por el público. • Terminar la construcción de una nueva instalación para el control de animales. • Continuar los esfuerzos para mejorar la eficiencia y la eficacia de los recursos públicos en la entrega de servicios municipales, programas, y el mantenimiento y la viabilidad a largo plazo de instalaciones públicas. • Colaborar con la Inclusion, Diversity and Equity Commission (Comisión de Inclusión, Diversidad, y Equidad) y con los líderes comunitarios para mejorar los esfuerzos de participación y la capacidad cultural organizacional. • Actualizar los estándares de diseño para el desarrollo de nuevas vecindades y el redesarrollo para promover más cohesión de las vecindades a través de elementos de diseño, p. ej.: viabilidad peatonal, evaluación de las necesidades, sustentabilidad, y lugares donde se puedan reunir los miembros de la comunidad. • Actualizar el Parks and Facilities Comprehensive Plan (Plan Comprehensivo de los Parques y las Instalaciones) para que incluya: un inventario de instalaciones públicas, una evaluación de las necesidades, el nivel de servicio, y la evaluación del centro. • Trabajar en equipo con colaboradores regionales para desarrollar un Housing Action Plan (Plan de Acción para Viviendas) con un enfoque en las estrategias que enfatizan viviendas económicas. SUSTENTABILIDAD FINANCIERA Mejorar la sustentabilidad financiera a largo plazo, el valor, y los niveles de servicios y programas, incluyendo: • La evaluación regular de los servicios y de los programas para confirmar la importancia de la comunidad, la capitalización adecuada, y el costo-beneficio. Metas del Concilio de la Ciudad del 2020-2021 Page 278 of 280 • La continuación del costo por el servicio y de las metas de recuperación al evaluar los servicios de la Ciudad. • La evaluación continua de los costos, los procesos y el desempeño relacionado con la entrega de los servicios de la Ciudad incluyendo la retroalimentación y la satisfacción del cliente, el personal, las instalaciones, y las oportunidades colaborativas. • Inculcar y promover una cultura organizacional de servicio al cliente a lo largo de todas las líneas de negocio. • Actualizar las políticas relacionadas con la urbanización de las islas no incorporadas para asegurar consistencia con la planificación a largo plazo, la seguridad comunitaria, y la sustentabilidad fiscal. SEGURIDAD COMUNITARIA Preservar las mejorías anteriores y promover las ganancias futuras al: • Desarrollar un Comprehensive Police Strategic Master Plan (Plan Maestro Estratégico Comprehensivo Policial) a través de un proceso transparente para evaluar los niveles futuros de servicio del departamento para asegurar sustentabilidad, seguridad pública, y control de crímenes durante los siguientes 5-10 años. • Trabajar con colaboradores regionales y comunitarios para evaluar e implementar estrategias para reducir los casos de personas sin techo. • Hacer uso y ampliar las colaboraciones para mantener y mejorar los servicios de salud conductual a los miembros de la comunidad que se encuentran en medio de una crisis, ayudados por la policía y por los bomberos. • Continuar los esfuerzos para mejorar la relación con la policía y con la comunidad. • Trabajar para lograr y mantener el tiempo de reacción de los bomberos a través de mejorías operacionales y la planificación estratégica de instalaciones y personal a largo plazo. • Enfocarse en la meta a largo plazo de mantener una clasificación de la comunidad Clase 3 del Washington State Rating Bureau (Departamento de Clasificación del Estado de Washington). • Utilizar la base de datos de la infraestructura de las banquetas, los faroles, y las condiciones del pavimento, como también evaluar las políticas y los métodos para tratar las necesidades y las injusticias. RED DE TRANSPORTE COMUNITARIO Promover una red de transporte extremadamente funcional y multimodal a través de: • El comienzo y el término de la construcción del proyecto Lewis Street Overpass. • El énfasis continuo en las mejorías de la ruta Road 68/I-182/Burden Blvd. para mejorar la operación y la seguridad. • Los esfuerzos proactivos basados en datos para calmar el tráfico en las vecindades. • La colaboración continua con Ben Franklin Transit para mejorar la movilidad y el acceso. • El término del Transportation System Master Plan (Plan Maestro del Sistema de Transporte) y la utilización de sus recomendaciones para desarrollar políticas, reglas, programas, y proyectos que proporcionan más conectividad, inversiones estratégicas, movilidad, sistemas multimodales, accesibilidad, eficiencia, y seguridad. Page 279 of 280 VITALIDAD ECONOMICA Promover y motivar la vitalidad económica al apoyar: • Los esfuerzos de renovación de la Downtown Pasco Development Authority (DPDA) (Autoridad de Desarrollo del Centro de Pasco), el reinicio después de COVID, y las iniciativas de la Ciudad como el proceso del Downtown Master Plan (Plan Maestro del Centro) y las modificaciones de los códigos de anuncios. • La construcción del Peanuts Park and Farmers Market (Parque Peanuts y el Mercado) y los esfuerzos continuos para discutir paisajes urbanos y actualizaciones de entradas. • El término de los esfuerzos de la Comprehensive Land Use Plan Update (Actualización Comprehensiva del Uso de Terrenos) y los esfuerzos del Broadmoor Master Plan (Plan Maestro de Broadmoor), la adopción de la alternativa de la expansión de Urban Growth Area (Área del Crecimiento Urbano), la implementación de los esfuerzos de planificación a largo plazo con los análisis adecuados y la adopción de acciones de planificación incluyendo: los cambios a los códigos de zonas, la actualización de los códigos de los anuncios de las fases, y el desarrollo de las reglas y los estándares. • Más esfuerzos para promover a la comunidad como un lugar atractivo para el desarrollo comercial e industrial al fomentar el alcance y la ayuda a los negocios pequeños, la predictibilidad en la revisión de proyectos, y un excelente servicio al cliente. • Las colaboraciones y la motivación del Department of Natural Resources (DNR) (Departamento de Recursos Naturales) para facilitar el desarrollo de las propiedades restantes del estado en Road 68/I- 182. • La coordinación continua con el Port of Pasco (Puerto de Pasco) para terminar e implementar un plan de zonas costeras y proporcionar una infraestructura pública. • Las colaboraciones activas en la planificación y el desarrollo de estrategias para promover el turismo y la utilización de recursos para estimular actividad económica. • Junto con los colaboradores de la comunidad, crear un plan comprehensivo de desarrollo económico. IDENTIDAD COMUNITARIA Identificar oportunidades para mejorar la identidad comunitaria, la cohesión, y la imagen a través de: • Los esfuerzos continuos para evaluar a la comunidad a través de los métodos tradicionales y la aplicación de nuevas tecnologías. • Proporcionar oportunidades para la involucración comunitaria a través de mesas directivas, comisiones, oportunidades para voluntarios, medios sociales, foros, y otros medios. • Una mejor coordinación entre las agencias y los constituyentes desarrollada durante la pandémica. • Los esfuerzos continuos de campañas para la mejoría de la identidad/imagen comunitaria que promuevan a la comunidad y a los éxitos organizacionales. • Una mejor participación y apoyo de los eventos culturales llevados a cabo dentro de la comunidad. • El apoyo de la Arts and Culture Commission (Comisión de Artes y Cultura) al promover la unidad y celebrar la diversidad a través de programas de arte y cultura. Para más información, visite www.pasco-wa.gov/councilgoals Page 280 of 280