HomeMy WebLinkAbout2021.09.07 Council Meeting PacketAGENDA
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 Council 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 immediate
response. Some questions require consideration by Council over time and
after a deliberative process with input from a number of different sources;
some questions are best directed to staff members who have access to
specific information. Citizen comments will normally be limited to three
minutes each by the Mayor. Those with lengthy messages are invited to
summarize their comments and/or submit written information for
consideration by the Council outside of formal meetings.
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 Council 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 of6Page7of280
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 of6Page8of280
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.
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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 of6Page10of280
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 of6Page11of280
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 of6Page12of280
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 of5Page13of280
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 of5Page14of280
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 of5Page15of280
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 meeting 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 of5Page16of280
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 of5Page17of280
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 in243737; 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'lBank 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
amendmentbudgetThisusage. fundsDepartmenttoTreasuryoftrack
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
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 for 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 1of 7 June 17,2021
Page 29 of 280
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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 Jett 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
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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
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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
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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
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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 Ijust 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
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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 1of 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 -presentedStaffneed. onbuyers2022, 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:
andWorkshop202123, AugustdiscussedatwasitemThis staffthe
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 EconotheU.S. fundingourby partner, Developmentmic
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 Columbia 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 contract.
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 DatePUBLICWORKS
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 isthe 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 issafe.]
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.
PO Box 293
wor|eys@pasco—wa.gov
509)919-7659
Page 54 of 280
Page 55 of 280
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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
BidProposal for CUTQUOTECOLUMBIAEASTFORCEMAIN
Bid#:1685385
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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:
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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
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Invoice Total:$148 ,410 .00
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Ordered By:LARS HENDRICKSON
BID SEQ?380
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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,
Fund NameFund DescriptionReport MonthJuly,
Recipient Contract Type Description
ARPA LIST$32,463,
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 annexation 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 bonded
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
CITYLIMITSUrbanGrowthBoundaryUrban
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
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
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 Avenue
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, fixinga 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 COUNTYASSESSOR
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.usPage86of280
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
RAILROAD
RAINIERINDUSTRIALKARTCHNE
RT
O
U
S
3
9
5
JASONRAINIER
KARTCHNER
US 395US 395US395TOKARTCHNERK ARTCH N ER
TO US395 Benton County WA, Pasco GIS,
Maxar, Microsoft 0 210420
630
840110 Feet 0 210420
630
840110
Feet
Overview Map Item: Street Vacation - Section of
Rainier Ave Applicant: SRB RE Investments, LLC and 2S
Investment, LLC File #: VAC
liib «f Cityofiiin Community & Economic Development Department
11, . S00 PO Box 293, 525 N 3'd Ave, Pasco, WA99301Q. 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
WTRHYDAIRDEFTANKFARM
PROPANERVDUMPSTATIONPROPANE155DOG
PARK(15' X50')AIRWTRHYD116.710,000SF27c-store - 37restaurant - 30total =
679691518139FUTURE50
TRUCKSPACES (
GATED)58TRUCKSPACES69AUTO
SPACESTRASHCOMPACTOR2.0ACRES +/-2.25ACRES +/-306.742.058.042.042.0'DEFWTRHYDAIRDEFDEFWTRHYDAIRDEFDEFAIRDEF3216W/
DW/
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COLDPREPTABLEWHWHPREPTABLEPREPTABLEPREPTABLESALESAREAWOMENMENTRUCKBEERCAVEFA
M
I L Y CASHIERFOODKITCHENCOFFEEFOUNTAIN
DRINKSCOLDCOLDSTORAGEFROZENRASOIKITCHENSHOWERSHOWERSHOWERSHOWERSHOWERLAUNDRYMECH.ADASHOWERRASOIRESTAURANTSTORAGEOFFICELO U N
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PIZZAOVENDO U G
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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: 2097OKLAHOMA: 5937NOT FOR CONSTRUCTIONSMALL ARROWENGINEERING,
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
KSLIC14094ARLIC14310 PROJECT: _________________________________SHEETDESC: ______________________________SHEET: ____________
OF: _____________Thisdrawingand 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,
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
CITYLIMITSUrbanGrowthBoundaryUrban
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
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 Restrictions, 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
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
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HI
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395US395US395TOKARTCHNERCA
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C
H N ERTOU S 395Benton County WA,
Pasco GIS, Maxar 0 1,000 2,0003,
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4,000500 Feet Item: Cox Family
Land LLC Annexation Applicant: Cox
Family Land LLC File #: ANX 2021-001/
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CITY LIMITSCITY
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WELLS CAPITOLUS 395US 395INDUSTRIAL Benton County
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Family Land LLC Annexation Applicant:
Cox Family Land LLC File #: ANX 2021-
001/
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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 thebyauthorizedwhenuponpubliclocal (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
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.
Wheeled All-Terrain Vehicle
Not legal…
Dune buggies
Snowmobiles
golf carts
ATV’sPage
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 driverslicensePage
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
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.
Wheeled All-Terrain Vehicle
Questions
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
ExaminerHearingthehearing, publicFollowingofconductthethe
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
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 RIVERCOLUMBIARIVER
CITYLIMITS
CITYLIMITS
N 18TH
AVES 18THAVES
20TH AVEFRONTAGE RD
S 17TH AVEN
17TH AVEWLEWISS
T W CLARK ST W BONNEVILLE
ST S 26TH AVES 19TH AVEWA
STS
26TH AVES 22ND AVES 23RD AVES25TH
AVEBenton
County
WA,
Pasco GIS, Maxar 0 350 700 1,100 1,400180 Feet 0
350 700 1,
100 1,400180 Feet
COLUMBIA RIVERCOLUMBIARIVERCITYLIMITS
S 18TH AVES
20TH AVES 22ND AVES 19TH AVES 23RD
AVEW A ST BentonCounty
WA,
Pasco GIS, Maxar, Microsoft0
210
420
630
840110 Feet 0 210 420 630 840110 Feet Vicinity Map Item: Columbia
Riverwalk Apartments - Rezone
R-3 & I-1
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 RIVERCOLUMBIARIVERCITYLIMITS
S 18TH AVES
20TH AVES 22ND AVES19TH
AVES
23RD AVEW
A
ST 0 210 420 630 840110 Feet Land Use Map Item: Columbia
Riverwalk Apartments - Rezone
R-3 & I-1
C-1
C-3
C-3
I-1
I-1
I-1
I-1I-1 R-1-A2
R-1-A2
R-3
COLUMBIA RIVERCOLUMBIARIVERCITYLIMITS
S 18TH AVES
20TH AVES 22ND AVES19TH
AVES
23RD
AVEW
A ST 0 210 420 630 840110 Feet Zoning Map Item: Columbia
Riverwalk Apartments - Rezone
R-3 & I-1
Medium Density
Residential
Mixed
Residential
Commercial
Open Space
Parks
Open Space Parks
Commercial
Commercial
COLUMBIA RIVERCOLUMBIARIVERCITYLIMITS
S 18TH AVES
20TH AVES 22ND AVES19TH
AVES
23RD AVEW
A
ST 0 210 420 630 840110 Feet Comp Plan Map Item: Columbia
Riverwalk Apartments - Rezone
R-3 & I-1
COLUMBIA RIVERCOLUMBIARIVERCITYLIMITS
S 18TH AVES
20TH AVES 22ND AVES19TH
AVES
23RD AVEW
A ST 0 210 420 630 840110 Feet Exhibit A"Item: Columbia
Riverwalk Apartments - Rezone
R-3 & I-1
Looking North
Looking Northeast
Looking East
Looking Southeast
Looking South
Looking Southwest
Looking West
Looking Northwest
ii1-.: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.oJ. J, OOC1 Date 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 proposed 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 development: 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 apartmentsthere 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 walking 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'sLatest Comprehensive Plan
What effect will be realized 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 current list of property owners of all properties within 300 feet of
the applicant's property.
Page 174 of 280
hyz, fii Cityof
11• Pasco Community & Economic Development Department
PO Box 293, 525 N 3rd Ave, Pasco, WA 99301
P: 509.545.3441 / F: 509.545.3499
Fee for Rezone
Environmental Checklist
Radius Notification
21SEPA Checklist
Notarized Signature of Property Owner
State of Washington
County of Franklin )
ss.
ElSite map
700.00
75.00 $
50.00
825.00
JFee of $825
Fee:$825
On this ±day of J\.6"2 1fRA , before me the undersigned, a Notary Public in and
for the State of Washington, duly commissioned an sworn, personallyappeared9.)11 BWu(... being duly sworn on his/her oath that he/she has prepared
and read the foregoing statements and has acknowledged to me that the recitations contained
therein are true, and has signed this instrument as his/her free and voluntary act and deed for the
purposes therein mentioned.
SUBSCRIBED AND SWORN to before me this day of Qui{ 1!Jl) .
Updated July 2019
Page 175 of 280
l$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
iiI , 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 HEARINGEXAMINER
INTHE MATTER OF )
Z 2021-009 )
Columbia Riverwalk Apartments/Rangel )
RECOMMENDEDFINDINGSOF
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 ofFact, Recommended Conclusions of Law, and Recommended Decision as
follows:
I.RECOMMENDEDFINDINGSOF FACT
1.PROPERTY/APPLICATION DESCRIPTION:
1.1 Legal: Lots 1 through 6 ofShort 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, ofvacated Lena and River Streets adjoining, in Oakley's
RiverfrontAddition, according to plat thereofrecorded in Volume "B" ofPlats, page
34, lying south ofa line distant 350 feetsouth 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 fromR-3 and I-1 to R-
4.
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change to "Mixed Residential." The City has recently approved a major update to itsComprehensivePlan. The revised Land Use Element ofthe approved Plan designated the site "Mixed Residential/Commercial." Applicant is seeking to rezone the property to R-4 to allowfortheconstructionofamiddle-to high-income apartment complex consisting of up to 200residentialunits. The R-3 zoning designation would allow only approximately 122 units. Thispropertyprovidestheopportunityfordevelopmentwhichwillbenefitfromtheproximityand/or access to the Columbia River. In the event of approval of the rezone, the applicantintendstodevelopthesitewithasmanyasthreeapartmentbuildingsthatwillhaveriverfrontviewsandbikepathaccess. During the time of development, the Cityalso requires fullimprovementofright-of-way including curb, gutter, and sidewalk. The site is located on anarterialstreetwhichisfavorableforfutureresidentsandvisitorsoftheproposeddevelopment. 10.
REZONE CRITERIA:
The initial review criteria forconsidering a rezone applicationareexplainedinPMC25.210.030. 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-DensityResidential) in 2018 (Ordinance 4396). 10.2 The changed conditions, which are alleged to warrantother or additional zoning: 10.2.1 CityCouncil approved an update to the Comprehensive Plan this year; TheLandUseElementofthePlannowdesignatesthesite. 10.2.2 Applicant has developed one 60-unit and one 48-unit apartment building onthesite (Parcels 119740035and 119740031, respectively). 10.2.3 The "Mixed Residential/Commercial" designation allows forR-4 zoning andmaybedevelopedwithapartments. 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 justifythe change on the basis of advancing the public health, safety andgeneralwelfare: 10.3.1 The rezone application and proposal are consistent with the PascoComprehensivePlan, which has been determined to be in the best interest ofadvancingpublichealth, safety, and general welfareof the community. Therezonewouldallowforresidentialdensitybetween5to29dwellingunitsperacreinthe "Mixed Residential /Commercial" designated area. 10.4 The effectit will have on the value and character of the adjacentpropertyand theComprehensivePlan: 10.4.1 A change in zoning classification would likely result in the development ofapartments, which are appropriate forthis area, in alignment with the LandUseElementoftheComprehensivePlan. 10.4.2 The rezone application is consistent with and meets the intent of the newlyrevisedandapprovedgoalsandpoliciesoftheComprehensivePlan. 10.5 The effecton the propertyowner or owners ifthe request is not granted: Z 2021 009ColumbiaRiverwalk/RangelPage3of7
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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 formany years, would likely
remain vacant, overgrown, and continue to attract nuisance activities.
10.6 The Comprehensive Plan land use designation forthe 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 "Mixed
Residential/Commercial."
10.6.2 The "Mixed Residential/Commercial" designation allows forR-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
foradditional 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 feetof the property and
posted in the Tri-CityHerald 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 of20th Avenue and south ofWest "A" Street.
15.Parcel 112330120 is located east of20th 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 forR-4 zoning.
21.The "Mixed Residential/Commercial" designation may be developed with apartments.
22.The "Mixed Residential/Commercial" designation allows fordensities from5 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 forindustrial uses in 1962.
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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 ofthe public appeared at the hearing.
34.The staffreport, application materials, agency comments and the entire fileof 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
Beforerecommending approval or denial ofa rezone, the Hearing Examiner must develop findingsof
fact fromwhich 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 ofthe Comprehensive Plan.
1.1 City Council approved an update to the Comprehensive Plan this year. The LandUse
Element of the Plan now designates the site "Mixed Residential/Commercial."
1.2 The "Mixed Residential/Commercial" designation allows forR-4 zoning and may be
developed with apartments.
1.3 Residential density may range from5 to 29 dwelling units per acre in the "Mixed
Residential/Commercial" Land Use designation.
1.4 The proposal also aligns with the followingComprehensive Plan Goals and Policies:
1.4.1 Land Use Policy LU-4-A: Encourage infilland 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 densityuses within
proximityto major travel corridors and public transportation service areas.
1.4.3 Housing Goal H-1: Encourage housing forall economic segments of the
city's population consistent with the local and regional market.
1.4.4 Housing Policy H-1-A: Allow fora fullrange ofhousing including single
familyhomes, townhouses, condominiums, apartments, manufactured
housing, accessorydwelling units, zero-lot-line, planned unit developments,
etc.
2.The effectoftheproposal on the immediate vicinity will not be materially detrimental.
Z 2021 009
Columbia Riverwalk/Rangel
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2.1 The Comprehensive Plan has recently been updated for the area and the Land Use
Element ofthe Plan now designates the site "Mixed Residential/Commercial."
2.2 The "Mixed Residential/Commercial" designation allows forR-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 ofthe Goals and Policies forthe property. The proposal
will not be materially detrimental to the immediate vicinity.
3.There is merit and value in the proposal forthe 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 4537)
3 .2 The Comprehensive Plan has recently been updated forthe 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 fromthe
proposal.
4.1 The rezone application and anticipated project are subject to the regulationsandrequirementsofthePascoMunicipalCodeandtheCityofPascoDesignand
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 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 ofsuch 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. RECOMMENDEDDECISION
Based on the above Recommended Findings of Fact and Conclusions of Law, the Hearing Examiner
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 ofBlocks
6, 13 and 14, and of vacated Lena and River Streets adjoining, in Oakley's Riverfront Addition
Parcel 112330120).), located near the southwest comer ofSouth 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).
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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 through 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).
ExaminerHearingthehearing, publicFollowingofconductthethe
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.
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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.
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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 __________________________
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BEDFORDSTMAJESTIA LNVINCENZO DRMIDLAND LNMIA
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.
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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.”
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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.
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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.
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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.
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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).
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CITY LIMITS
CITY LIMITS
BROADMOORI-182
SANDIFUR
I -182
BROADMOORTOI182BURNSBURNS
I182TO B R OADMOOR
I 182TOBROADMOOR
BRO A D
MOORT O I 1 82
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
MIDLANDBEDFORDMAJESTIA
VINCENZO
MIA
BROADMOORDUNBARTONSANDIFUR
0 210 420 630840110
Feet
0 210 420 630840110
Feet
Vicinity
Map
Item: Bedford St Duplexes
Applicant: Dave Greeno/Big Sky Developers, LLC
File #: Z 2021-010
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 210420
630
840110 Feet
Land
Use Map Item: Bedford
St Duplexes Applicant: Dave Greeno/Big Sky
Developers, LLC File #: Z
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 210420
630
840110
Feet
Zoning Map Item: Bedford
St Duplexes Applicant: Dave Greeno/Big Sky
Developers, LLC File #: Z
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Regional
Medium Density
Residential
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Residential
Commercial
Low Density Residential
Public
Quasi-Public
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VINCENZO DR
MIDLAND LNMIA
LN BROADMOOR
BLVDDUNBARTONAVESANDIFUR PKWY 0 210420
630
840110 Feet
Comp
Plan Map Item: Bedford
St Duplexes Applicant: Dave Greeno/Big Sky
Developers, LLC File #: Z
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I & Cityef
11• 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: 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 HEARINGEXAMINER
INTHE MATTER OF ) RECOMMENDEDFINDINGSOF
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.RECOMMENDEDFINDINGSOF 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 fromBedford 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
forR-2 through R-4 and RP zoning, and single-family dwellings, patio homes, townhouses,
apartments, and condominiums are all appropriate forthis area. Residential density may
range from6 to 20 dwelling units per acre.
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Page 219 of 280
6.ENVIRONMENTALDETERMINATION: The City ofPasco is the lead agency forthis
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 forthis 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 foran R-3 or R-2 rezone. Applicant anticipates multi-family development
on the site; Applicant has furnisheda draftsite plan depicting 84 residential duplex units on
the 6.9 acre site.
8.SITE: The site has frontage accesson Bedford Streetand Midland Lane which both connect
to Sandifur Parkwayto 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 designates the lot "Medium-DensityResidential."
8.3 The "Medium-Density Residential" designation allows forR-4 zoning and may be
developed with townhouses and apartments.
8.4 Residential density may range from6 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 Cityin 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/professionaloffice buildings, one in 2001 and
another in 2004, were constructed to the west. Kadlec clinic was built in 2007 to the south
along SandifurParkway. The Solgen officewas completed this year adjacentto 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 forthe area east ofthe 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."
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Page 220 of 280
10.2.3 The "Medium-Density Residential" designation allows forR-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, safetyand
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 ofthe community. The
rezone would allow forresidential density between 6 to 20 dwelling units per
acre.
10.4 The effectit will have on the value and character of the adjacent property and the
Comprehensive Plan:
10.4.1 A change in zoning classificationmay 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 ofthe Comprehensive Plan.
10.4.2 The rezone application is consistent with and meets the intent of the newly
revised and approved goals and policies ofthe Comprehensive Plan.
10.5 The effecton the propertyowner or owners ifthe 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 fora while, as the propertydoes not
front on an arterial street, and residential demand is currently outpacing
commercial in the area by a fairmargin.
10.6 The Comprehensive Plan land use designation forthe 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 informationas 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
foradditional higher-density residential uses in this area supports the Land
Use Element ofthe Comprehensive Plan.
11.Public notice ofthis hearing was sent to propertyowners within 300 feet of the propertyand
posted in the Tri-CityHerald 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
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Page 221 of 280
14.Applicant has also allowed foran R-3 or R-2 rezone.
15.Applicant has furnisheda draftsite plan depicting 84 residential duplex units on the site.
16.The site has frontageaccess on BedfordStreet and Midland Lane
17. Both BedfordStreet and Midland Lane connect to SandifurParkway 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 forR-4 zoning
22.The "Medium-Density Residential" designation may be developed with townhouses and
apartments.
23.Residential density may range from6 to 20 dwelling units per acre in the "Medium-Density
Residential" designated 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 wasannexed 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/professionalofficebuildings were constructed to the west in 2001 and 2004
31.The Kadlec clinic was built in 2007 to the south along SandifurParkway;
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 afterdue legal notice was held August 11, 2021 via Zoom
videoconference.
37. Appearing and testifyingon 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 staffreport.
38.No member of the public testifiedat the hearing.
39.At the conclusion of the hearing, the Hearing Examiner kept the record open until 5:00 p.m.
August 13, 2021 forthe 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
fromStromsted is not part ofthis record.
40.The staffreport, application materials, agency comments and the entire fileof record were
admitted into the record.
Z 2021-010
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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
Beforerecommending approval or denial ofa rezone, the Hearing Examiner must develop findings of
fact fromwhich 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 CityCouncil 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-DensityResidential" designation allows forR-4 zoning and may be
developed with townhouses and apartments.
1.3 Residential density may range from6 to 20 dwelling units per acre in the "Medium-
Density Residential" designated area.
1.4 The proposal also aligns with the followingComprehensive Plan Goals and Policies:
1.4.1 Land Use Policy LU-4-A: Encourage infill and higher densityuses within
proximity to major travelcorridors and public transportation service areas.
1.4.2 Land Use Policy LU-4-B: Encourage the development ofwalkable
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 forall economic segments ofthe
city'spopulation consistent with the local and regional market.
1 .4.4 Housing Policy H-1-A: Allow fora fullrange ofhousing 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 forthe area and the Land Use
Element ofthe Plan now designates the lot "Medium-Density Residential."
2.2 The "Medium-Density Residential" designation allows forR-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 forthe property. The proposal
will not be materially detrimental to the immediate vicinity.
3.There is merit and value in the proposal forthe communityas 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)
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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 fromthe
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
forproposals that generate 25 or more peak hour trips. The City (Lead Agency) issued a
Determination ofNon-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 ofsuch 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
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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
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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
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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
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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.
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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
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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
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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
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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.
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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.
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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
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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
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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).
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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
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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,
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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
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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
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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.
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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
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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.
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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.
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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.
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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 GrantStormwaterQualityStudyandEffectivenessWater
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 the 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.
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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]
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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
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EXHIBIT B
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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 withlocal andregional partnersto developaHousingAction Planwith afocus onstrategies
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
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COMMUNITY SAFETY
Preserve past improvements and promote future gains by:
Developinga Comprehensive Police Strategic Master Plan through a transparentprocess toevaluate
futureservice levels of the department to assuresustainability, public safety, and crime control over
thenext 5-10 years.
Collaborating with regional and community partners to evaluate and implement strategies to
reduce the incidenceof homelessness.
Leveraging and expanding partnerships to maintain and enhance behavioral health services to
community members in crisis beingassisted by police and fire.
Continuing efforts to improve police and community relations.
Working toachieve and maintain target fire response timesthrough operationalimprovements and
long-range strategic planning of facilitiesand 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 emphasison improvementsin Road68/I-182/Burden Blvd. corridor toimprove 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 appropriateanalysis and adoption of planning actions including: zoning code
changes, phased sign code update, anddevelopment 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 inproject 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.
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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 surveyingthrough 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 thepandemic.
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
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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
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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 énfasiscontinuo 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.
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VITALIDAD ECONOMICA
Promovery 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 planificacióny el desarrollo de estrategias para promover elturismo
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 mejorcoordinación 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 mejorparticipación y apoyode 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
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