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2021.10.04 Council Meeting Packet
AGENDA City Council Regular Meeting 7:00 PM - Monday, October 4, 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 - 15 (a) Approval of Meeting Minutes Page 1 of 385 To approve the minutes of the Pasco City Council Meeting held on September 20, 2021 and Workshop held on September 27, 2021. 16 - 17 (b) Bills and Communications To approve claims in the total amount of $5,922,639.50 ($3,670,468.28 in Check Nos. 244003-244285; $1,400,738.12 in Electronic Transfer Nos. 833027-833068, 833073-833091, 833101-833152, 833156- 833164, 833170-833226, 833228, 833233-833302, 833349-833352; 8,212.91 in Check Nos. 53756-53763; $843,220.19 in Electronic Transfer Nos. 30166252-30166785). 18 - 31 (c) Ordinance - Amending Pasco Public Facilities District Charter Related to Ballot Issue Process MOTION: I move to adopt Ordinance No. 4552, amending the Charter of the Pasco Public Facilities District and publishing it as a Restated Charter, and, further, authorize publication by summary only. 32 - 38 (d) Resolution - Naming of New Park in Chapel Hill Neighborhood MOTION: I move to approve Resolution No. 4097, approving the name Palomino Park" for the new city park located in the Chapel Hill neighborhood. 39 - 41 (e) Resolution - Acceptance of Work for Gesa Stadium Batting Cages MOTION: I move to approve Resolution No. 4098, accepting the work performed by AllStar Construction Group for the Gesa Stadium Batting Cages. 42 - 172 (f) Lodging Tax Advisory Committee (LTAC) Recommendations for 2022 MOTION: To approve the allocation of 2022 Lodging Tax receipts as recommended by the Lodging Tax Advisory Committee. RC) MOTION: I move to approve the Consent Agenda as read. 5. PROCLAMATIONS AND ACKNOWLEDGEMENTS 173 (a) Letter of Appreciation to Mayor Martinez from 9th Legislative District of Washington State Legislature 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 Page 2 of 385 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 8. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO 9. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS 174 - 222 (a) *Q Ordinance - AMI Pasco Development - C-1 to R-3 (Z 2021-011) MOTION: I move to adopt Ordinance No. 4553, rezoning two parcels located near the southeast corner of Road 68 and Argent Road in Pasco, Franklin County, Washington from C-1 to R-3, and further, authorize publication by summary only. 223 - 261 (b) *Q Ordinance - Three River Group- C-1 to R-4 (Z 2021-012) MOTION: I move to adopt Ordinance No. 4554, rezoning a parcel located along the east side of Road 92, approximately 250 feet north of Sandifur Parkway in Franklin County, Washington, from C-1 to R-4, and further, authorize publication by summary only. 262 - 301 (c) *Q Ordinance - Liberty Lake Properties /Blue Dog RV- C-1 to CR Z 2021-013) MOTION: I move to adopt Ordinance No. 4555, rezoning a parcel located near the northwest corner of Chapel Hill Boulevard and Road 100 / Broadmoor Boulevard from C-1 to CR, and further, authorize publication by summary only. 302 - 326 (d) *Resolution - Professional Services Agreement with RH2 Engineering for Design Services for the West Pasco Water Treatment Plant Expansion Ph. 2 Project MOTION: I move to approve Resolution No. 4099, authorizing execution of the Professional Services Agreement by the City Manager with RH2 Engineering, Inc. for the design of the West Pasco Water Treatment Plant Phase 2 project. 327 - 356 (e) *Resolution - Professional Services Agreement with RH2 Engineering for Design Services for Transmission Main - West Pasco Water Treatment Plant to Zone 3 Project Page 3 of 385 MOTION: I move to approve Resolution No. 4100, authorizing execution of the Professional Services Agreement by the City Manager with RH2 Engineering, Inc. for the design of the Transmission Main - West Pasco Water Treatment Plant to Zone 3 project. 10. UNFINISHED BUSINESS 11. NEW BUSINESS 357 - 361 (a) Legislative and Congressional Redistricting Draft Plan Update Status of Washington State Redistricting Efforts: Gordon Thomas Honeywell Governmental Affairs (GTH) Vice President Briahna Murray. 12. EXECUTIVE SESSION a) Discussion with legal counsel about current or potential litigation per RCW 42.30.110(1)(i). 13. NEW BUSINESS 362 - 379 (a) Request for Consideration of C-2 Zoning Amendment Discuss alternatives and provide direction to staff. 14. MISCELLANEOUS DISCUSSION 15. ADJOURNMENT 16. ADDITIONAL NOTES a) (RC) Roll Call Vote Required Item not previously discussed Q Quasi-Judicial Matter MF# “Master File #....” 380 - 385 (b) Adopted 2020-2021 Council Goals (Reference Only) c) REMINDERS 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. Page 4 of 385 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 385 AGENDA REPORT FOR: City Council September 29, 2021 TO: Dave Zabell, City Manager City Council Regular Meeting: 10/4/21 FROM: Debby Barham, City Clerk Administrative & Community Services SUBJECT: Approval of Meeting Minutes I. REFERENCE(S): 9.20.21 & 9.27.21 Draft Council Minutes II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve the minutes of the Pasco City Council Meeting held on September 20, 2021 and Workshop held on September 27, 2021. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 6 of 385 MINUTES City Council Regular Meeting 7:00 PM - Monday, September 20, 2021 City Council Chambers & GoToWebinar MEETING INSTRUCTIONS FOR REMOTE ACCESS 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, Zahra Roach, and Pete Serrano. 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; John Millan, Acting 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 September 7, 2021 and Workshop held on September 13, 2021. Bills and Communications To approve claims in the total amount of $5,834,277.08 ($4,449,756.02 in Check Nos. 243738-244002; $491,251.93 in Electronic Transfer Nos. 833099, 833153-833155, 833165-833169; $15,018.30 in Check Nos. 53742-53755; $878,240.83 in Electronic Transfer Nos. 30165692- 30166251; $10.00 in Electronic Transfer Nos. 818). Page 1 of5Page7of385 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 110,810.21 and, of that amount, authorize $0 to be turned over for collection. Pasco Public Facilities District Board Reappointments To reconfirm the Pasco Public Facilities District Board reappointments of Mark Morrissette to Position No. 2, with a term expiring on July 14, 2024, Spencer Jilek to Position No. 3, with a term expiring on July 14 2025, and Leonard Dietrich to Position No. 5, with a term expiring on July 14, 2022, based on the recommendations from local organizations. Resolutions - Wehe Water Main & Wrigley Drive Extension Project Acceptances To approve Resolution No. 4092, accepting work performed by Industrial Construction of Washington, LLC. under contract for Project No. 19073, Water Main Replacement - Alley east of Wehe Avenue. To approve Resolution No. 4093, accepting work performed by C&E Trenching, LLC. under contract for Project No. 15009, Wrigley Drive Extension. Resolution - I-182/Broadmoor Interchange Improvements – DKS Associates, Inc. Professional Services Agreement (Design) To approve Resolution No. 4094, authorizing execution of the Professional Services Agreement by the City Manager with DKS Associates, Inc. for the design of the I-182/Broadmoor Interchange Improvement project. Resolution - Tri-Cities Youth Soccer Association (T-CYSA) Agreement THIS ITEM WAS PULLED FROM THE CONSENT AGENDA AND PLACED UNDER UNFINISHED BUSINESS, ITEM 10(B) Resolution - Amendment No. 1 to Agreement with Pasco Chamber of Commerce for Business Support Program Utilized with ARPA Funds To authorize up to $2,970,000 in ARPA Funds to be utilized in the Business Support Program administered by the Pasco Chamber of Commerce. Page 2 of5Page8of385 To approve Resolution No. 4096, approving Amendment No. 1 to the agreement with the Pasco Chamber of Commerce, a Washington Non - Profit Corporation, for the Business Support Program with American Rescue Plan Act funds. MOTION: Mayor Pro Tem Barajas moved to approve the Consent Agenda as amended by moving Consent Agenda Item 4(f), Resolution - Tri-Cities Youth Soccer Association (T-CYSA) Agreement, to Unfinished Business Item 10(b) for further discussion. Mr. Maloney seconded. Motion carried unanimously by Roll Call vote. PROCLAMATIONS AND ACKNOWLEDGEMENTS Proclaiming September 15 Through October 15, 2021 as "Hispanic Heritage Month" Pasco Arts & Culture Commission representative, Saul Martinez, introduced National Hispanic Heritage Month to Council and then read the proclamation in Spanish. Mayor Martinez read the proclamation, in English, and proclaimed September 15 through October 15 2021 as, "National Hispanic Heritage Month" in Pasco, Washington. Proclaiming October 3, 2021 as "Soroptimist International Day" Mayor Martinez invited Soroptimist International of Pasco-Kennewick President Laurie Dragonchuk forward where he read the proclamation and proclaimed October 4, 2021 as Soroptimist International Day in celebration of the organization's 100th anniversary. Ms. Dragonchuk thanked Council for the proclamation and provided a brief overview of the local Soroptimist organization, which is celebrating its 73rd anniversary. VISITORS - OTHER THAN AGENDA ITEMS Mrs. Vernalyn Hunt, Pasco resident, expressed concern about the traffic speed along Sylvester and the recent traffic accident (May 30, 2021) that ended on her property. She provided photos of the accident. Mr. Zabell stated that police patrol has increased along that section of the roadway and Public Works staff are in the midst of applying for a grant for street improvements on that section of the road and due to the grant process, the improvements would likely start in 2023. Mr. Aaron Hunt, Pasco resident, also expressed concern about the traffic accident. Page 3 of5Page9of385 Mr. Lewis Hunt, Pasco resident, also expressed concern about the traffic issues along Sylvester and asked for temporary mitigation prior to the 2023 roadway improvements. Mr. David Cortinez, downtown Pasco business owner, stated that he (the public) did not have an opportunity to remove an item from the Consent Agenda in order to discuss it before Council voted on. Mr. Cortinez also expressed concern on the distribution of the American Rescue Plan Act funds. Mr. Derek Alexander, Richland resident and Pasco property owner, expressed concern about approval process for development of a subdivision and asked that the process be streamlined and approved in a shorter timeframe. Ms. Maloney, Pasco Taco Crawl organizer, announced the 2021 Pasco Taco Crawl event starts October 1 and runs through October 16, 2021 noting that the proceeds of the event will benefit the Boys & Girls Club of Benton and Franklin Counties. REPORTS FROM COMMITTEES AND/OR OFFICERS Verbal Reports from Councilmembers Mr. Alvarado reported on the Benton Franklin Council of Governments meeting he attended recently. UNFINISHED BUSINESS Danilyuk Short Plat Sewer Service Requirement Appeal (APPL 2021- 001) Continued from July 19, 2021 Council Meeting Mr. White provided a brief report of the status of working with the property owners in determining a viable solution for both the owners and the City of Pasco related to the requirement for sewer service on their short plat. Mayor Martinez noted that the Appeal hearing was still open. Mr. Brenton Griffin, Land Surveyor, asked that Council approve a waiver until such time a sewer line is within 200 feet of property. MOTION: Mayor Pro Tem Barajas moved to continue the Appeal Hearing until the November 1, 2021, City Council Meeting. Ms. Roach seconded. Motion carried unanimously. Resolution - Tri-Cities Youth Soccer Association (T-CYSA) Agreement - MOVED FROM CONSENT CALENDAR Page 4 of5Page10of385 Mr. Ratkai responded to Council's questions originally asked during the September 13, 2021, Workshop meeting. MOTION: Mayor Pro Tem Barajas moved to approve Resolution No. 4095, approving the Amended Agreement with Tri -Cities Youth Soccer Association, and to make minor substantive changes thereto, and further, authorize the City Manager to execute the Agreement. Mr. Serrano seconded. Motion carried unanimously. ADJOURNMENT There being no further business, the meeting was adjourned at 8:14 PM. PASSED and APPROVED this ____ day of ________________, 20__. APPROVED: ATTEST: Saul Martinez, Mayor Debra Barham, City Clerk Page 5 of5Page11of385 MINUTES City Council Workshop Meeting 7:00 PM - Monday, September 27, 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, Zahra Roach, and Pete Serrano. 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; John Millan, Acting Public Works Director; and Debby Barham, City Clerk. The meeting was opened with the Pledge of Allegiance. VERBAL REPORTS FROM COUNCILMEMBERS Mr. Maloney commented on the redistricting subcommittee meeting that he, Councilmember Roach and Mayor Pro Tem Barajas attended earlier in the evening. ITEMS FOR DISCUSSION Pasco Public Facilities District - Updates to Charter & Ballot Issue Process Mr. Ferguson provided a brief overview of the proposed changes needed in the Pasco Public Facilities District Charter. Lodging Tax Advisory Committee (LTAC) Recommendations for 2022 Ms. Pashon provided a brief report regarding the application process, as well as the recommendations from LTAC for the 2022 lodging tax funding. Page 1 of4Page12of385 Mr. Maloney asked about LTAC's policy when determining the fund allocations and fund balance cap. Ms. Pashon stated that a response to his inquiry will be included in the agenda report when this item comes back for Council's approval at the next business meeting. Inclusion, Diversity and Equity Commission Strategic Equity Plan Recommendation Ms. Pashon proved a brief history of the Inclusion, Diversity & Equity Commission (IDEC) and the status of the IDEC's strategic equity plan recommendation. Ms. Pashon introduced IDEC Vice Chair Chambers- Smith who presented the outline for a strategic equity plan along with the IDEC's recommendation to hire a consultant to draft the plan. Council and staff had a brief question and answer period. Council concurred that funding to hire a consultant to work with staff in developing the strategic equity plan was needed. Staff will include the additional funding in the mid-biennial budget adjustment for Council approval. Life and Safety Program for Commercial Structures Mr. White provided a brief overview of the updated focus of a Life & Safety Program for commercial structures within the downtown Pasco area, as well as possible funding sources for that program. Council and staff discussion ensued regarding the parameters needed for developing the Life & Safety Program. Staff asked for Council to determine the percentage of the grant program; should the grant be at 50%, 75%, or 100% of the total project cost. Staff also noted that restaurant related businesses have a much broader usage of the ARPA funds than for other types of businesses. Mr. Maloney provided most of the feedback, asking for a program that would provide a funding strategy that strategically makes the most impact for those businesses struggling to stay open, located within the Pasco downtown area, which require improvements to their buildings in order to stay in business and increase their capacity to serve additional customers with the goal of helping the downtown become a vibrant area. The program should include the scale and costs associated for needed repairs and updates for increasing physical capacity or stability of the structure. He suggested that the program could offer a zero-percent loan to ensure that the building owners participate in the improvements of their commercial structures and the program should focus on the long-term impact to the downtown area. The program should support current businesses and the owners of the buildings. The program should include the C-2 zoning and/or common wall buildings within downtown Pasco. Page 2 of4Page13of385 Mr. Alvarado recommended that conditions be placed on the building owners when a grant for improvements of the building is awarded. He suggested that staff provide three program scenarios, which may include funding through grants or loans or a combination of both and bring that back for Council's consideration. Mayor Martinez preferred that the funding be distributed equally as possible, as well as providing some conditions within the grant. Mr. Serrano asked for clarification regarding the age of the buildings and historical preservation requirements for buildings 50 years or older as it relates to the suggested life and safety improvements outlined in the agenda report. Downtown Master Plan Update Mr. White introduced Economic Development Manager Gonzalez who provided an update related to the Downtown Master Plan progress to date. He stated the tentative outreach schedule and timeline through 2022 to complete the master plan. Lastly, he commented on the C -2 Central Business District zone area within the downtown area referring to the Pasco Municipal Code (PMC) Section 25.90.050, "Prohibited Uses" within the C-2 zone. Council and staff discussion ensued regarding the downtown area both the greater downtown area to the Downtown Pasco Development Authority area. Additional discussion regarding the C-2 zoning uses will continue at the next scheduled meeting. Resolution - Naming of New Park in Chapel Hill Neighborhood Mr. Ratkai provided a brief recap of the process for determining a name for the new park located within the Chapel Hill neighborhood. He provided photos of the development and amenities of the park noting that an Arbor Day event for planting trees in the park is scheduled as a neighborhood event. Resolution - Acceptance of Work for Gesa Stadium Batting Cages Mr. Ratkai reported that the improvements to the Gesa Stadium are completed and staff is ready to close the project. MISCELLANEOUS COUNCIL DISCUSSION Mr. Zabell noted that the positive COVID-19 cases appear to have peaked and this past weeks statistics were showing a slight decline. Mr. Maloney asked if there was an update regarding the City's first responders COVID-19 issues within the Pasco Fire Department. Page 3 of4Page14of385 Fire Chief Gear stated that the call volume is double from a year ago. The Pasco Fire Department is holding its own in responding to the increased calls. Police Chief Roske reported on the tragedy that occurred Friday afternoon, on September 24, 2021, with the death of a Pasco School District bus driver. He assured everyone that the act was a singular incident; however, the Pasco Police have increased patrol within the school zone areas to ensure peace of mind for the public. Mayor Martinez expressed sympathy to the family, co-workers, friends and students of the slain bus driver and expressed appreciation to both the Pasco Police Department and Pasco School District responding to the needs of those involved in the incident. Ms. Sigdel provided an update to the Utility Assistance Program, stating that close to $900,000 of the $1.1 million has been allocated to utility customers. She also provided a status report of the Business Assistance Program, noting the first checks for that program have been distributed. EXECUTIVE SESSION At 8:52 PM, Mayor Martinez called for an eight (8)-minute recess prior to going into an executive session. Council adjourned into Executive Session at 9:00 PM for 10 minutes to consider the minimum offering price for sale or lease of real estate if there’s a likelihood that disclosure would decrease the price, per RCW 42.30.110(1)(c), with the City Manager, Deputy City Manager and the City Attorney. Mayor Martinez called the meeting back to order at 9:11 PM and no action was taken after the Executive Session ended. ADJOURNMENT There being no further business, the meeting was adjourned at 9:11 PM. PASSED and APPROVED this __ day of ________________, 20__. APPROVED: ATTEST: Saul Martinez, Mayor Debra Barham, City Clerk Page 4 of4Page15of385 AGENDA REPORT FOR: City Council September 30, 2021 TO: Dave Zabell, City Manager City Council Regular Meeting: 10/4/21 FROM: Richa Sigdel, Finance Director Finance SUBJECT: Bills and Communications I. REFERENCE(S): Accounts Payable 10.04.21 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve claims in the total amount of $5,922,639.50 ($3,670,468.28 in Check Nos. 244003-833027Nos. Transfer $1,400,738.12 in244285; Electronic - 833068, 833073-833091, 833101-833152, 833156-833164, 833170-833226, 833228, 833233-833302, 833349-833352; $8,212.91 in Check Nos. 53756- 53763; $843,220.19 in Electronic Transfer Nos. 30166252-30166785). III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 16 of 385 REPORTING PERIOD: October 4, 2021 Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined Check Numbers 244003-244285 53756-53763 Total Check Amount $3,670,468.28 $8,212.91 Total Checks 3,678,681.19$ Electronic Transfer Numbers 833027-833068 30166252-30166785 833073-833091 833101-833152 833156-833164 833170-833226 833228 833233-833302 833349-833352 Total EFT Amount $1,400,738.12 $843,220.19 $0.00 Total EFTs 2,243,958.31$ Grand Total 5,922,639.50$ Councilmember 1,668,765.22 27,396.75 29,801.88 0.00 2,938.35 75,861.57 7,838.08 6,281.92 66,901.30 1,172.83 2,928.56 0.00 100.79 352.00 30,458.23 209.65 HOTEL/MOTEL EXCISE TAX 17,361.96 0.00 410,764.89 2,488,220.38 16,604.94 0.00 11,651.32 0.00 143,021.88 3,377.64 910,629.36 GRAND TOTAL ALL FUNDS:5,922,639.50$ EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL EQUIPMENT RENTAL - REPLACEMENT BUSINESS MEDICAL/DENTAL INSURANCE FLEX PAYROLL CLEARING STADIUM/CONVENTION CENTER LID GENERAL CAP PROJECT CONSTRUCTION UTILITY, WATER/SEWER EQUIPMENT RENTAL - OPERATING GOVERNMENTAL EQUIPMENT RENTAL - OPERATING BUSINESS REVOLVING ABATEMENT ECONOMIC DEVELOPMENT ATHLETIC PROGRAMS GOLF COURSE SENIOR CENTER OPERATING MULTI-MODAL FACILITY SCHOOL IMPACT FEES RIVERSHORE TRAIL & MARINA MAIN C.D. BLOCK GRANT HOME CONSORTIUM GRANT MARTIN LUTHER KING COMMUNITY CENTER AMBULANCE SERVICE CEMETERY Councilmember SUMMARY OF CLAIMS BY FUND: GENERAL FUND STREET 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 4th day of October, 2021 that the merchandise or services hereinafter specified have been received and are approved for payment: September 16 - September 29, 2021 C I T Y O F P A S C O Council Meeting of: Accounts Payable Approved The City Council Page 17 of 385 AGENDA REPORT FOR: City Council September 28, 2021 TO: Dave Zabell, City Manager City Council Regular Meeting: 10/4/21 FROM: Eric Ferguson, Attorney Executive SUBJECT: Ordinance - Amending Pasco Public Facilities District Charter Related to Ballot Issue Process I. REFERENCE(S): Proposed Ordinance Proposed Amended PPFD Charter II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No. _____, amending the Charter of the Pasco Public Facilities District and publishing it as a Restated Charter, and, further, authorize publication by summary only. III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: As a result of changes in State law, specifically Revised Code of Washington RCW) Section 35.57.027, it is necessary to review and consider amending the Pasco Public Facilities District (PPFD) Charter. V. DISCUSSION: The proposed amendments to the Charter, delineated in the attachment, with strikeouts and underlining, are as follows: Updated date to “October 2021.” Article IV Purpose – the term “defined” is amended to “allowed” and the words “or Recreational Facilities” is added to the last sentence. Article V, Section 5.2 (E) - deleted in its entirety. Page 18 of 385 Article VII, Section 7.1 (C) – corrected scrivener’s error by replacing RCW 42.30.010” with “RCW 42.30.110.” The proposed amendments will serve to better align the PPFD Charter with Washington State law. Also, these amendments modify the manner in which the PPFD would proceed with any future ballot initiative. Mr. Ferguson presented the proposed amendments at Council's September 27, 2021 Workshop Meeting. Page 19 of 385 Ordinance – Amending the PPFD Charter - 1 ORDINANCE NO. ______ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, PROVIDING FOR AMENDMENT TO THE CHARTER OF THE PASCO PUBLIC FACILITIES DISTRICT AND PUBLISHING AS RESTATED CHARTER WHEREAS, Chapter 35.57 of the Revised Code of Washington (RCW) (the “City PFD Act”) authorizes the Pasco City Council (the “Council”) as the legislative authority of the City, to create a public facilities district coextensive with the boundaries of the City for the purposes, among others, of acquiring, constructing, operating, and financing one or more “Regional Centers” through cooperative and joint ventures with one or more qualifying public facilities districts; and WHEREAS, by adoption of Ordinance No. 3558 (effective July 29, 2002), the Pasco City Council created the Pasco Public Facilities District (the “District”) and approved the Charter thereof; and WHEREAS, House Bill 1499 amended Chapter 35.57 RCW to allow cities who have created a public facilities district under RCW 35.57.010(1)(a) and that participated in the creation of an additional public facilities district under RCW 35.57.010(1)(e), the authority to acquire, construct, own, remodel, maintain, equip, re-equip, repair, finance, and operate one or more recreational facilities other than a ski area; and WHEREAS, in exercising that authority granted by House Bill 1499, the District is authorized to seek voter approval to fund such recreational facilities pursuant to RCW 82.14.048(4)(a); and WHEREAS, the public facilities district possesses all powers with respect to recreational facilities other than a ski area that all public facilities districts possess with respect to regional centers; and WHEREAS, the City Council has determined that it is necessary to amend the Charter with respect to the new authority granted to the District under House Bill 1499; and WHEREAS, Substitute Senate Bill 5984 amended Chapter 35.57 RCW to prohibit the forming jurisdiction or forming jurisdictions or by any action of the public facility district , to restrict the statutorily authorized taxing authority of the public facilities district in any manner; and WHEREAS, Article V, Section 5.2(E) of the Restated Charter currently states that the District shall not impose any tax under Chapter 35.57 and 82.14 RCW without prior Council approval and is in conflict with the changes made by Substitute Senate Bill 5984 and must be amended. Page 20 of 385 Ordinance – Amending the PPFD Charter - 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Approval of Restated Charter. The Restated Charter of the Pasco Public Facilities District is hereby approved in the form set forth in Appendix A. The Restated Charter shall be issued in duplicate original, each bearing the City seal attested by the City Clerk. One original shall be filed with the City; a duplicate original shall be provided to the District. 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, and approved as provided by law 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 21 of 385 Restated Charter Pasco Public Facilities District, March October 20202021 Page 1 RESTATED CHARTER OCTOBER 2021MARCH 2020 OF THE PASCO PUBLIC FACILITIES DISTRICT ARTICLE I Name and Seal; Definitions Section 1.1 Name. The name of this public facilities district shall be the PASCO PUBLIC FACILITIES DISTRICT (hereinafter referred to as the “District”). Section 1.2 Seal. The District’s seal shall be a circle with the name “PASCO PUBLIC FACILITIES DISTRICT” inscribed therein. Section 1.3 Definitions. All capitalized terms used but not defined herein shall have the meanings set forth in City of Pasco Ordinance No. 3558, adopted on July 15, 2002 (the “Formation Ordinance”). ARTICLE II Authority and Limit on Liability Section 2.1 Authority. The District is a public facilities district organized pursuant to RCW 35.57.010, and the Formation Ordinance. Section 2.2 Limit on Liability. All liabilities incurred by the District shall be satisfied exclusively from the assets, credit, and properties of the District, and no creditor or other person shall have any right of action against or recourse to the City of Pasco (the “City”), its assets, credit, or services, on account of any debts, obligations, liabilities or acts or omissions of the District. Section 2.3 Mandatory Disclaimer. The following disclaimer shall be posted in a prominent place where the public may readily see it in the District’s principal and other offices. It shall also be printed or stamped on all contracts, notes, bonds, and other documents that may entail any debt or liability by the District. The PASCO PUBLIC FACILITIES DISTRICT is organized pursuant to RCW 35.57.010 and the City of Pasco Ordinance No. 3558 (the “Formation Ordinance”). The Formation Ordinance provides as follows: “All liabilities incurred by the District shall be satisfied exclusively from the assets, credit, and properties of the District, and no creditor or other person shall have any right of action against or recourse to the City, its assets, credit, or services, on account of any debts, obligations, liabilities or acts or omissions of the District.” Page 22 of 385 Restated Charter Pasco Public Facilities District, March October 20202021 Page 2 ARTICLE III Duration The duration of the District shall be perpetual except as provided in the Formation Ordinance. ARTICLE IV Purpose The purpose of the District is to provide a legal entity under RCW 35.57.010 and the Formation Ordinance to acquire, construct, own, remodel, maintain, equip, re-equip, repair, finance, operate one or more Regional Centers or Recreational Facilities as defined allowed by RCW 35.57.020 and/or to participate jointly, by interlocal agreement, in such activities with one or more qualifying public facilities districts for the development of one or more Regional Centers or Recreational Facilities together with related parking facilities. ARTICLE V Powers Section 5.1 Powers. The District shall have and may exercise all lawful powers conferred by State law, the Formation Ordinance, this Charter and its Bylaws. Section 5.2 Limitation of Powers. The District organized under this Charter in all activities and transactions shall be limited in the following respects: A. The District shall have no power of eminent domain; B. The District may not incur or create any liability that permits recourse by any person to any assets, services, resources, or credit of the City. All liabilities incurred by the District shall be satisfied exclusively from the assets and credit of the District. No creditor or other person shall have any recourse to the assets, credit, or services of the City on account of any debts, obligations, liabilities, acts, or omissions of the District; C. All revenue, receipts, assets, or credit of the District shall be applied toward or expended upon services, projects, and activities authorized by State law, the Formation Ordinance and this Charter; D. The District may contract with the City for all support staff and support services and shall not employ staff or contract for professional services without express authority from the Council; and E. The District shall not impose any taxes under Chapters 35.57 RCW or 82.14 RCW without prior approval of the City Council. Page 23 of 385 Restated Charter Pasco Public Facilities District, March October 20202021 Page 3 ARTICLE VI Board of Directors and Corporate Officers Section 6.1 Powers. The Board shall govern the affairs of the District. All corporate powers of the District shall be exercised by or under the authority of and the business, property and affairs of the District shall be managed under the direction of the Board except as may be otherwise provided in this Charter, the Formation Ordinance or State law. Section 6.2 Board Composition. Pursuant to RCW 35.57.010 and the Formation Ordinance, the Council has established that the Board has five members. The Council shall appoint the members of the Board as follows: (i) two members appointed by the Council; and (ii) three members appointed by the Council based on recommendations from local organizations. The members appointed under (i) of this subsection shall not be members of the Council. The members appointed under (ii) of this subsection, shall be based on recommendations received from local organizations that may include, but are not limited to the local chamber of commerce, local economic development council, and local labor council. Except for certain of the initial Board members [as set forth in Section 6.3(A)], the members shall serve four-year terms. Section 6.3 Terms of Office. A. The terms of office of the initially appointed members of the Board shall commence on the date of their appointment and shall be staggered as follows. Of the initial members, one must be appointed for a one-year term, one must be appointed for a two-year term, one must be appointed for a three-year term, and the remainder must be appointed for four-year terms. B. With respect to the appointments of the initial Board members, the Council shall designate which members are assigned to the one-, two-, three- and four-year terms identified in subsection 6.3(A) above for purposes of determining the length of terms of such initial Board members. C. The Council shall fill vacancies during and at the expiration of the term of Board members in the same manner as initial appointments. D. Except for the initial members of the Board, each member shall be appointed to serve for a four-year term. Each member shall continue to serve until his or her successor has been appointed and qualified. E. Terms shall expire on the day prior to the anniversary date of the Charter of the year in which the respective director is scheduled to terminate. Section 6.4 Quorum and Manner of Action. At all meetings of the Board three directors then in office shall constitute a quorum. The Board may adopt resolutions of the Board only by an affirmative vote of a majority of the Board members then in office. Page 24 of 385 Restated Charter Pasco Public Facilities District, March October 20202021 Page 4 Section 6.5 Officers and Division of Duties. A. The initial officers of the District shall be the President, Vice President and Secretary/Treasurer of the Board. In no event shall there be less than two officers designated, nor shall the same person occupy more than one office. Additional officers (permanent or ad hoc) and temporary officers may be created by majority approval of the Board or amendments to this Charter. B. The President shall be the agent of the District for service of process; the Bylaws may designate additional corporate officials as agents to receive or initiate process. The corporate officers, who shall be selected from among the membership of the Board, shall manage the daily affairs and operations of the District. C. The Board shall oversee the activities of the corporate officers, establish and/or implement policy, participate in corporate activity, and shall have stewardship for management and determination of all corporate affairs consistent with this Charter. Section 6.6 Executive Committee. An Executive Committee, which may be appointed and/or removed by the Board, and shall have and exercise such authority of the Board between meetings of the Board. Section 6.7 Removal of Board Members. The Council may by resolution remove from the Board for any reason, with or without cause, any member of the Board at a public meeting, with prior notice to the District. In the event of removal, members shall be replaced in the same manner as provided for in filling vacancies on the Board. ARTICLE VII Meetings Section 7.1 Board Meetings. A. The Board shall meet at least quarterly each year; special meetings of the Board may be called as provided by the Charter, the Bylaws or RCW 42.30.010 et seq. B. The Board shall be the governing body of a public agency as defined in RCW 42.30.020, and all meetings of the Board shall be held and conducted in accordance with RCW 42.30.010 et seq. Notice of meetings shall be given in a manner consistent with RCW 42.30.010 et seq. In addition, the District shall provide, where practicable, notice of meetings mailed at least three days prior to the time of the meeting, to any individual specifically requesting it in writing. C. All Board meetings, including all other permanent and ad hoc committee meetings, shall be open to the public to the extent required by RCW 42.30.010 et seq. The Board and committees may hold executive sessions to consider matters enumerated in RCW 42.30.1010 et seq or privileged matters recognized by law, and shall enter the cause therefor upon its official Page 25 of 385 Restated Charter Pasco Public Facilities District, March October 20202021 Page 5 journal. At all public meetings, any citizen shall have a reasonable opportunity to address the Board either orally or by written petition. Voting by proxy is not permitted. Section 7.2 Parliamentary Authority. The rules in Robert’s Rules of Order (revised) shall govern the District in all cases to which they are applicable, where they are not inconsistent with the Charter or with the special rules of order of the District set forth in the Bylaws. Section 7.3 Minutes. Copies of the minutes of all regular or special meetings of the Board shall be available to any person or organization that requests them. The minutes of all Board meetings shall include a record of individual votes on all matters requiring Board approval. ARTICLE VIII Procedural Requirements Section 8.1 Board Review. A. At least quarterly, the Board shall review monthly statements of income and expenses, which compare budgeted expenditures to actual expenditures. The Board shall review all such information at regular meetings, the minutes of which shall specifically note such reviews and include such information. B. General or particular authorization or review and concurrence of the Board by resolution shall be necessary for any significant transaction including execution of any contract for an amount more than $5,000, adoption of an annual budget, which such adoption shall occur no later than December 1 of the year prior to the budget year, certification of reports and statements to be filed with the City as true and correct in the opinion of the Board and of its members except as noted, and proposed amendments to the Charter and Bylaws. Section 8.2 Establishment and Maintenance of Office and Records. The District shall: A. Maintain a principal office at a location within the boundaries of the City; B. File and maintain with the City Clerk a current listing of all Board officials, their positions and their home addresses, their business and home phone numbers (which information is personal non-disclosable information), the address of the District’s principal office and of all other offices used by it, and a current set of its Bylaws; and C. Maintain all of its records in a manner consistent with the Preservation and Destruction of Public Records Act, RCW Chapter 40.14. Section 8.3 Access to Records. A. The District shall keep an official journal containing the minutes of proceedings at all regular and special meetings of the Board and the resolutions of the Board. Page 26 of 385 Restated Charter Pasco Public Facilities District, March October 20202021 Page 6 B. Any person shall have access to records and information of the District to the extent allowed by State law. Section 8.4 Deposit of Public Funds. All District monies shall be invested in investments that would be lawful for the investment of City funds. Section 8.5 Reports and Information. The District shall, within three months after the end of its fiscal year, file an annual report with the City containing financial statements of assets and liabilities, revenue and expenditures and changes in its financial position during the previous year; a summary of significant accomplishments; a projected operating budget for the current fiscal year; a summary of projects and activities to be undertaken during the current ye ar; and a list of District officials. Section 8.6 Audits and Inspections. The District shall, at any time during normal business hours and as often as the City Manager or his designee, the Council or the State Auditor deem necessary, make available to the City Manager or his designee, the Council or the State Auditor for examination all of its financial records. The District shall permit the City Manager or his designee, the Council or State Auditor to audit, examine and make excerpts or transcripts from such records, and to make audits of all records relating to all the aforesaid matters. The District shall review with the City Manager within 45 days of receipt and take immediate corrective action to address any audit findings or qualifications in its audit reports. Section 8.7 Insurance. The District shall maintain in full force and effect public liability insurance in an amount sufficient to cover potential claims for bodily injury, death or disability and for property damage, which may arise from or be related to projects and activities of the District, naming the City as an additional insured, if such insurance shall be available at a reasonable price as determined by the Board. If insurance is not maintained, the District shall maintain adequate reserves, as determined by the Board, to cover potential claims and losses. Section 8.8 Bylaws. A. Bylaws of the District may be adopted as the official rules for the governing of meetings and the affairs of the District. B. The Bylaws may be amended as provided in Article IX of this Charter and consistent with the Formation Ordinance in order to provide additional or different rules for governing the District and its activities as are not inconsistent with this Charter. C. Amendments to the Bylaws shall be effective 10 days after filing with the City Clerk, unless such amendment(s) shall have been passed by unanimous vote of the Board and an earlier effective date shall have been set. Page 27 of 385 Restated Charter Pasco Public Facilities District, March October 20202021 Page 7 Section 8.9 Conflict of Interest. A. A Board member or employee of the District may not participate in Board decisions if that person or a member of that person’s immediate family has a financial interest in the issue being decided. B. A Board member or employee is not considered to be financially inter ested in a decision when the decision could not affect that person in a manner different from its effect on the public. C. No Board member or employee of the District shall accept, directly or indirectly, any gift, favor, loan, retainer, entertainment or other thing of monetary value from any person, firm or corporation having dealings with the District when such acceptance would conflict with the performance of a Board member or employee’s official duties. A conflict, or possibility of conflict, shall be deemed to exist where a reasonable and prudent person would believe that it was given for the purpose of obtaining special considerations or influence. D. The Board may adopt additional conflict of interest and ethical rules it considers appropriate. E. For purposes of this section, “participate in a decision” includes all discussions, deliberations, preliminary negotiations, and votes. Section 8.10 Discrimination. A. Board membership may not directly or indirectly be based upon or limited by creed, age, race, color, religion, sex, national origin, marital status or the presence of any sensory, mental or physical disability, unless such limitations are necessary for the performance of the role and no less discriminatory alternatives are available. B. To ensure equality of employment opportunity, the District shall not discriminate in any matter related to employment because of creed, age, race, color, religion, sex, national origin, marital status or the presence of any sensory, mental or physical disability, unless such limitations are necessary for the performance of the role and no less discriminatory alternatives are available. The District shall, in all solicitations or advertisements for employees placed by or on behalf of the District, state that all qualified applicants will receive consideration for employment without regard to creed, age, race, color, religion, sex, national origin, marital status or the presence of any sensory, mental or physical disability, unless such limitations are necessary for the performance of the role and no less discriminatory alternatives are available. Page 28 of 385 Restated Charter Pasco Public Facilities District, March October 20202021 Page 8 ARTICLE IX Amendments to Charter and Bylaws Section 9.1 Proposals to Amend Charter. A. The District may propose to the Council that its Charter be amended by resolution passed by a procedure outlined in its Bylaws at a regular or special meeting of the Board for which 30 days’ advance written notice was given. B. When required by law, the District shall propose to the Council an amendment to this Charter that will conform to and be consistent with said law. C. As necessary and appropriate in the discretion of the Council, the Council may propose to amend this Charter on its own initiative. Section 9.2 Charter Amendments. The Charter may be amended only with the approval of the Council. After adoption of a Charter amendment, the revised Charter shall be issued and filed in the same manner as the original Charter. Section 9.3 Amendments to Bylaws. The Bylaws of the District may be adopted or amended by a resolution passed by a majority of the Board members in office at the time, provided amendments are consistent with the Formation Ordinance and this Charter. Bylaws shall be reviewed annually after the election of officers with recommendations, if any, for amending the bylaws proposed by the Executive Committee of the District, if such committee is established, otherwise by an ad hoc Bylaws Committee appointed by the Board President. At any other time, any Board member may introduce necessary amendments to the Bylaws to the Board for consideration. As provided in the Formation Ordinance, as necessary and appropriate in the discretion of the Council, the Council may amend the Bylaws. Amendments to the Bylaws adopted by the Council may not be further amended by the District for one year except with Council approval. ARTICLE X Commencement The District shall commence its existence effective July 29, 2002. Page 29 of 385 Restated Charter Pasco Public Facilities District, March October 20202021 Page 9 ARTICLE XI Dissolution Section 11.1 Dissolution Process. A. If the Board makes an affirmative finding that dissolution is necessary or appropriate because the purposes of the District may not be fulfilled for any reason, the Board may adopt a resolution requesting the Council to dissolve the District. B. Upon adoption of a motion by the Council requesting the following information, or upon adoption by the District board of a resolution requesting its own dissolution, the District shall file a dissolution statement with the City Clerk setting forth: 1. The name and principal office of the District; 2. The debts, obligations and liabilities of the District, including conditions of grants and donations, and the property and assets available to satisfy the same; the provisions to be made for satisfaction of outstanding liabilities and performance of executory contracts; and the estimated time for completion of its dissolution; 3. Any pending litigation or contingent liabilities; 4. The Board resolution requesting such dissolution and the date(s) and proceedings leading toward its adoption, whenever the dissolution be voluntary; and 5. A list of persons to be notified upon completion of dissolution. Section 11.2 Trusteeship. A. Superior Court jurisdiction over dissolution arises in the event the dissolution Ordinance enacted by the Council requests Superior Court trusteeship. In the event that the dissolution Ordinance so requests Superior Court trusteeship, the Superior Court of Franklin County shall have jurisdiction and authority to appoint trustees or receivers of corporate property and assets and supervise such trusteeship or receivership. B. The trustees appointed by the Superior Court shall take such actions as necessary during the trusteeship to achieve the object thereof as reasonable. The trustees shall have the power and authority to reorganize the District and recommend amendment of its Charter and/or its Bylaws; suspend and/or remove District officials, and manage the assets and affairs of the District; and exercise any and all District powers as necessary or appropriate to fulfill outstanding agreements, to restore the capability of the District, to perform the functions and activities for which it is chartered, to reinstate its credit or credibility with its creditors or obligees, and, if so authorized by the Superior Court, to oversee its dissolution and appropriate subsequent transactions. Page 30 of 385 Restated Charter Pasco Public Facilities District, March October 20202021 Page 10 ARTICLE XII Approval of Restated Charter APPROVED by Pasco City Council Ordinance No. 4485, adopted on 2nd ____ day of MarchOctober, 20202021. Saul Martinez, Mayor ATTEST: APPROVED AS TO FORM ONLY: Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Page 31 of 385 AGENDA REPORT FOR: City Council September 28, 2021 TO: Dave Zabell, City Manager City Council Regular Meeting: 10/4/21 FROM: Zach Ratkai, Director Administrative & Community Services SUBJECT: Resolution - Naming of New Park in Chapel Hill Neighborhood I. REFERENCE(S): Proposed Resolution Park and Recreation Advisory Board Minutes from August 5, 2021 Resolution No. 2499 - Policy for Naming of City Parks and Recreation Facilities II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. _______, approving the name Palomino Park" for the new city park located in the Chapel Hill neighborhood. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: On February 7, 2000, City Council approved Resolution No. 2499, giving the Park and Recreation Advisory Board the responsibility of making recommendations to City Council for the naming of City Parks, with City Council making the final determination. The policy states the name should support a neighborhood identity and be such that the meaning and significance to the neighborhood will remain over time. At the August 5, 2021 Park and Recreation Advisory Board meeting, the Board considered the theme of the streets in the Chapel Hill neighborhood, which is horses and horse racing venues, and recommended the name "Palomino Park" for the new City Park located in the Chapel Hill neighborhood. The city street naming committee has also reviewed and approved the proposed park name. Page 32 of 385 V. DISCUSSION: Staff recommends approval of the Park & Recreation Advisory Board's name recommendation for the park in the Chapel Hill neighborhood. This item was discussed at the September 27th Workshop Meeting. Page 33 of 385 Resolution – Name Palomino Park - 1 RESOLUTION NO. _________ A RESOLUTION APPROVING THE NAME “PALOMINO PARK” FOR THE NEW CITY PARK LOCATED IN THE CHAPEL HILL NEIGHBORHOOD. WHEREAS, the City of Pasco Park and Recreation Advisory Board has considered the Policy for Naming of City Park and Recreation Facilities” approved by Resolution No. 2499; and WHEREAS, considering the best interests of the community, the Park and Recreation Advisory Board has recommended the name “Palomino Park” for the new park located in the Chapel Hill neighborhood; and WHEREAS, the City Council, after full consideration of the Advisory Board’s recommendation, concurs with its recommendation and hereby adopts the name “Palomino Park” for the new park located in the Chapel Hill neighborhood. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the new park located in the Chapel Hill neighborhood be named “Palomino Park.” PASSED by the City Council of the City of Pasco this _____ day of October, 2021. Saul Martinez Mayor ATTEST: APPROVED AS TO FORM: Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Page 34 of 385 MINUTES Parks & Recreation Advisory Board 5:30 PM - Thursday, August 5, 2021 GoToMeeting - 709-606-653 CALL TO ORDER The meeting was called to order at 5:30 pm, by Jason Ruud, Chairperson ROLL CALL Boardmembers: Nolvia Salinas, Julie Campos, Bradyn Leyde, Jason Ruud. City Staff: Zach Ratkai, Patty Martin. APPROVAL OF MINUTES MOTION: Jason moved to approve the minutes from the May 6, 2020 meeting. Bradyn seconded. Motion carried. COUNCIL REP & BOARDMEMBER REPORTS None STAFF REPORTS Patty Martin, Recreations Specialist, updated Boardmembers on the Memorial Aquatics Center 2021 Season. Zach Ratkai, A&CS Director, updated Boardmembers on the status of the Park & Recreation Master Plan, Peanuts Park and Chapel Hill Park. NEW BUSINESS Chapel Hill Park - Name Recommendation Selection Page 1 of2Page35of385 Boardmembers discussed possible park names to recommend to City Council for the new park located at 5801 Chapel Hill Blvd. MOTION: Nolvia moved to recommend to City Council the name Palomino Park, for the new park located at 5801 Chapel Hill Blvd., according to Resolution No. 2499, Policy for Naming of City Parks and Recreation Facilities. Julie second. Motion carried. Regional Park Board Meeting - October 7 Boardmembers discussed possible location, catering & presenter for the meeting. MISCELLANEOUS DISCUSSION Next Meeting: September 2, 2021. ADJOURNMENT There being no further business, the meeting was adjourned at 6:22 pm. PASSED AND APPROVED THIS 2nd DAY OF September, 2021 Page 2 of2Page36of385 RESOLUTION NO. 2499 A RESOLUTION APPROVING A POLICY FOR NAMING OF CITY PARKS AND RECREATION FACILITIES. WHEREAS, the City Council has determined it to be beneficial to approve a policy and procedure for the naming of City Parks and Recreation Facilities as occasion may require, and WHEREAS, the City Parks and Recreation Advisory Council has developed and recommended the establishment of such a policy, Now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: That the attached policy for naming of City Parks and Recreation Facilities is hereby approved. PASSED by the City Council of the City of Pasco this 7th day of February, 2000. w ichael L."Garrison, Mayor ATTEST: APPROVED AS TO FORM: eL....A-"Z-7.sa a-40 4-4 Catherine D. Seaman, Leland 431. Kerr, City Attorr4y Deputy City Clerk Page 37 of 385 W Policy for Naming of City Parks and Recreation Facilities Purpose: The purpose of this policy is to provide a process whereby City parks and recreational facilities may be named. Policy: When authorized by the City Council, the City Parks and Recreation Advisory Council shall be charged with the responsibility of making recommendations for the naming of City parks and recreational facilities. The City Council shall consider the recommendations of the Advisory Council and make final determinations. Procedure: 1. When, in the opinion of the Parks and Recreation Advisory Council, it is necessary to name or rename a City park or recreation facility, it shall advise the City Council of its opinion and may suggest a process whereby a name shall be chosen. 2. The City Council shall review the matter and, if it concurs with the Advisory Council, shall authorize the Council to proceed. Otherwise the Council shall give such direction to the Advisory Council as it deems appropriate. 3. The Advisory Council may conduct public hearings or use contests, solicitations, historic evidence or any other appropriate means under the circumstances, and within the direction of the City Council, to generate ideas and recommendations for a name. Names for parks and facilities should be appropriate for the facility and the community served. If for a neighborhood facility, the name should support or help establish a neighborhood identity. If for a facility serving the entire community, the name should be appropriate considering the diversity of users. Names should be such that their meaning and significance to the neighborhood or the community will remain over time. 4. The Advisory Council shall submit its recommendations to the City Council for final consideration. Page 38 of 385 AGENDA REPORT FOR: City Council September 28, 2021 TO: Dave Zabell, City Manager City Council Regular Meeting: 10/4/21 FROM: Zach Ratkai, Director Administrative & Community Services SUBJECT: Resolution - Acceptance of Work for Gesa Stadium Batting Cages I. REFERENCE(S): Proposed Resolution II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. _______, accepting the work performed by AllStar Construction Group for the Gesa Stadium Batting Cages. III. FISCAL IMPACT: Original Contract Amount: $403,101.48 Change Orders: $15,723.51 Total Payment to Contractor: $418,824.99 Including Sales Tax IV. HISTORY AND FACTS BRIEF: On April 6, 2020, City Council approved the contract with AllStar Construction Group for the Gesa Stadium Batting Cages in the amount of $403,101.48. There were two (2) change orders totaling $15,723.51. Change Order No. 1 was for repairs to the field lighting electrical conduit and netting upgrades. Change Order No. 2 was for extending the foundation of an existing wall to accommodate new stairs to the batting cages. The project is now complete and the materials and workmanship meets the standards specified in the contract documents. Page 39 of 385 V. DISCUSSION: Staff recommends approval of the proposed Resolution accepting the work performed by AllStar Construction Group for the Gesa Stadium Batting Cages. This item was discussed at the September 27th Council Workshop Meeting. Page 40 of 385 Resolution - Accept Work Gesa Stadium Batting Cages - 1 RESOLUTION NO. _______ A RESOLUTION ACCEPTING THE WORK PERFORMED BY ALLSTAR CONSTRUCTION GROUP UNDER CONTRACT FOR THE GESA STADIUM BATTING CAGES PROJECT. WHEREAS, the work performed by AllStar Construction Group under contract for the Gesa Stadium Batting Cages Project has been examined by Administrative & Community Services and has been found to be in apparent compliance with the applicable project specifications; and WHEREAS, it is Administrative & Community Services recommendation that the City of Pasco formally accept the contractor’s work and the project as complete. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City Council concurs with Administrative & Community Services recommendation, and thereby accepts the work performed by AllStar Construction Group for the Gesa Stadium Batting Cages Project as being completed in apparent conformance with the project specifications, and Be it Further Resolved, that the City Clerk is hereby directed to notify the Washington State Department of Revenue of this acceptance, and Be it Further Resolved, that the final payment of retainage being withheld, pursuant to RCW 60.28.011, regulations and administrative process, shall be released upon apparent compliance with and satisfaction of applicable project specifications and verification thereof by Administrative & Community Services and Finance Director. 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 385 AGENDA REPORT FOR: City Council September 28, 2021 TO: Dave Zabell, City Manager City Council Regular Meeting: 10/4/21 FROM: Angela Pashon, Senior Management Analyst Executive SUBJECT: Lodging Tax Advisory Committee (LTAC) Recommendations for 2022 I. REFERENCE(S): 2022 Lodging Tax Requests 09.10.2021 LTAC Minutes II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: asreceiptsTaxLodging2022allocationtheapproveToof recommended by the Lodging Tax Advisory Committee. III. FISCAL IMPACT: Lodging Tax Funds - $556,900 IV. HISTORY AND FACTS BRIEF: State law authorizes the collection of the 2% local tax on lodging facilities (hotels and motels). The funds originally could be used for stadiums and for tourism promotion activities. In 1993, like several cities prior to that time, Pasco was granted by State law authority to assess an additional 2% lodging tax fund specifically the City's share of TRAC, currently known as HAPO Center. The legislature subsequently increased the base lodging tax to 4% and eliminated the individual taxing authorizations. The amendment also required the establishment of a Lodging Tax Advisory Committee (LTAC) to review and recommend proposed uses of the lodging tax annually. Page 42 of 385 V. DISCUSSION: For the 2022 application process, staff identified strategies to expand outreach efforts in the solicitation of applications including: publishing on social media and City website; direct communication with Downtown Pasco Development Authority (DPDA), Hispanic Chamber of Commerce, Colima-Pasco Friendship Association (COPA), Franklin County Historic Society and Museum, Eagle Media Company, Latin Business Authority (LBA), Pasco Chamber, and Visit Tri- Cities; and communicating application to the Arts and Culture Commission and Inclusivity, Diversity, and Equity Commission (IDEC). The Pasco LTAC convened on September 10, 2021, to review six (6) proposals received for use of the 2022 Lodging Tax receipts. Based on the Committee's review of allowable uses and individual requests, the LTAC recommends fund allocations as outlined below: 250,000 (est.) TRAC (HAPO Center), 50% of actual operating costs 126,000 Baseball Stadium Improvements Debt Service (20-year obligation on $2 million beginning 2019) 149,000 (est.) Visit Tri-Cities Promotion Services (agreement for 50% of 2%) 3,900 Fund Administration and Expenses 20,000 Pasco Chamber of Commerce Events 8,000 LBA Event Marketing & Operations 556,900 TOTAL Impacts of COVID-19 has greatly impacted tourism which staff projects will continue to impact the industry through 2022.The $556,900 LTAC recommendation exceeds projected 2022 lodging tax revenues estimated at 500,000. The Hotel/Motel Fund has a balance of approximately $445,000 estimated fund balance as 1/1/2022), which is available for 2022 expenditures in excess of revenues. With respect to the recommendations of the LTAC, per RCW 67.28.1816 2(b)(ii), the City Council must either accept the recommendation of the local lodging tax advisory committee or in the alternative, the Council can determine that the recommendation is not acceptable and remand the matter back the LTAC Committee. The LTAC Committee's recommendations are consistent with Council's goals and State statute accordingly, staff recommends Council approval of the LTAC allocations as recommended. Page 43 of 385 Page 44 of 385 Page 45 of 385 Page 46 of 385 Page 47 of 385 AGENDA REPORT FOR: City Council October 30, 2018 TO: Dave Zabell, City Manager Regular Meeting: 11/5/18 FROM: Daniela Erickson, City Clerk Administrative & Community Services SUBJECT: Approval of Minutes I. REFERENCE(S): Minutes 10.15.18 and 10.29.18 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION:To approve the minutes of the Pasco City Council Regular Meeting dated October 15, 2018 and the Special Meeting dated October 29, 2018. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 48 of 385 REGULAR MEETING MINUTES PASCO CITY COUNCIL OCTOBER 15, 2018 1 CALL TO ORDER: The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor. ROLL CALL: Councilmembers present: Ruben Alvarado, Blanche Barajas, Craig Maloney, Saul Martinez, and Matt Watkins. Excused: Pete Serrano and David Milne. Staff present: Dave Zabell, City Manager; Stan Strebel, Deputy City Manager; Leland Kerr, City Attorney; Steve Worley, Public Works Director; Rick White, Community & Economic Development Director; Richa Sigdel, Finance Director; Zach Ratkai, Administrative & Community Services Director; Bob Metzger, Police Chief; Ed Dunbar, Deputy Fire Chief; Mary Heather Ames, Senior Engineer. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: Approval of Minutes To approve the minutes of the Pasco City Council Meeting dated October 1, 2018. Bills and Communications To approve claims in the total amount of $3,129,012.39 ($1,826,730.50 in Check Nos. 224944-225282; $503,213.35 in Electronic Transfer Nos. 822296, 822336- 822340, 822387-822388, 822405; $33,067.98 in Check Nos. 52226-52257; 762,110.12 in Electronic Transfer Nos. 30125664-30126191; $3,890.44 in Electronic Transfer Nos. 521-525). 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 $220,105.38 and, of that amount, authorize $134,018.53 to be turned over for collection. Lodging Tax Advisory Committee Recommendations To approve the allocation of 2019 Lodging Tax receipts as recommended by the Lodging Tax Advisory Committee as shown in the minutes of August 21, 2018. MOTION: Mr. Maloney moved to approve the Consent Agenda as read. Ms. Barajas seconded. Motion carried by unanimous Roll Call vote. PROCLAMATIONS AND ACKNOWLEDGEMENTS: Mr. Zabell introduced Griselda Garcia, Senior Accountant, a new hire for the Finance Department formerly with the State Auditor's Office. VISITORS - OTHER THAN AGENDA ITEMS: Antonio Costa, Local 59 member, hopes the City will utilize area contractors for the Lewis Street Overpass project. Page 49 of 385 REGULAR MEETING MINUTES PASCO CITY COUNCIL OCTOBER 15, 2018 2 Jerry Hammond - Journeyman Carpenter and resident since 1959 also commented on supporting local workers. REPORTS FROM COMMITTEES AND/OR OFFICERS: Verbal Reports from Councilmembers Mr. Martinez attended the Lewis Street Overpass Open House. Great turnout. Also attended the Open House for the Argent Fire Station. Attended the AWC Meeting Thursday night regarding local and regional issues including mental health. Mr. Maloney attended the Ruckelshaus meeting last Tuesday for updates to planning framework. Ruben Alvarado also attended the AWC Meeting. It was encouraging to have all the Pasco representation there. Also, he was at the BFCOG Policy Advisory Committee Meeting where they reviewed the transportation improvement program. Ms. Barajas attended the AWC Meeting and liked the positive feedback. Mr. Watkins commented that at the Benton Franklin Transit Meeting the recent demo routes were exceeding expectations. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: Special Permit Appeal: Mor-Stor Mini Storage Expansion in a C-1 Zone MF# APPL 2018-002) MOTION: Mr. Maloney moved to continue the Closed Record Hearing to the November 19, 2018 Regular Council Meeting. Mr. Martinez seconded. Motion carried unanimously. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: Special Permit: Location of Wireless Communication Facilities in a C-1 Zone (MF# SP 2018-008) MOTION: Mr. Maloney moved to approve Resolution No. 3867, granting a special permit for the location of wireless communication facilities at 115 South 10th Avenue. Ms. Barajas seconded. Motion carried by unanimous Roll Call vote. Boating Facilities Program Grant - Authorizing Resolution MOTION: Mr. Maloney moved to approve Resolution No. 3869, authorizing the Administrative & Community Services Director to act as the authorized representative/agent on behalf of our organization and to legally bind our organization with respect to the above project for which we seek grant funding assistance managed through the Recreation and Conservation Office. Mr. Martinez seconded. Motion carried unanimously. Final Project Acceptance - 2017 Trail Rehabilitation MOTION: Mr. Maloney moved to adopt Resolution No. 3870, accepting work performed by Arrow Concrete and Asphalt Specialties, Inc., under contract for the 2017 Trail Rehabilitation project. Mr. Alvarado seconded. Motion carried unanimously. Page 50 of 385 REGULAR MEETING MINUTES PASCO CITY COUNCIL OCTOBER 15, 2018 3 Final Project Acceptance - WWTP Immediate Needs Electrical Improvements MOTION: Mr. Maloney moved to adopt Resolution No. 3871, accepting work performed by Northpoint Electrical Contracting, Inc., under contract for the WWTP Immediate Needs Electrical Improvements project. Ms. Barajas seconded. Motion carried unanimously. UNFINISHED BUSINESS: Electronic Traffic Control Rick Willing with Redflex, Inc., gave a presentation on Electronic Traffic Control and answered Council questions. Council did not make a motion to approve the Redflex Contract to allow staff to make further adjustments. It will be brought back for consideration at a future meeting. MISCELLANEOUS DISCUSSION: Mr. Zabell attended the Ruckelshaus Meeting with Jacob Gonzalez, Senior Planner. It was well facilitated. He also complimented wastewater treatment plant staff on their fourth year of perfect compliance with the Department of Ecology. ADJOURNMENT: There being no further business, the meeting was adjourned at 8:44 p.m. PASSED AND APPROVED this 5th day of November 2018. APPROVED: ATTEST: Matt Watkins, Mayor Daniela Erickson, City Clerk Page 51 of 385 SPECIAL MEETING MINUTES PASCO CITY COUNCIL OCTOBER 29, 2018 1 CALL TO ORDER: The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor. ROLL CALL: Councilmembers present: Ruben Alvarado, Craig Maloney, David Milne, Pete Serrano, and Matt Watkins. Excused: Blanche Barajas and Saul Martinez. Staff present: Dave Zabell, City Manager; Eric Ferguson, Acting City Attorney; Steve Worley, Public Works Director; Rick White, Community & Economic Development Director; Richa Sigdel, Finance Director; Zach Ratkai, Administrative & Community Services Director; Bob Metzger, Police Chief and Bob Gear, Fire Chief. The meeting was opened with the Pledge of Allegiance. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: 2019 Ad Valorem Tax Levy Council and Staff discussed the details of the options for the 2019 Ad Valorem Tax Levy Mayor Watkins declared the public hearing open to consider the 2019 Ad Valorem Tax Levy. Jeffrey Robinson, Stephen Bauman and John Cloud all provided public testimony in favor of the levy. Following three calls for further comments, Mayor Watkins declared the Public Hearing closed. MOTION: Mr. Maloney moved to table the decision on this item until the next regularly scheduled business meeting. Mr. Milne seconded. Motion carried unanimously. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: Pacific Power Franchise Extension MOTION: Mr. Maloney moved to adopt Ordinance No. 4399, extending the franchise for Pacific Power Corporation for a period of six months. Mr. Alvarado seconded. Motion passed unanimously. NEW BUSINESS: Bid Award: 1800059 Wastewater Treatment Plant PLC and Controls Upgrade MOTION: Mr. Maloney moved to award the Wastewater Treatment Plant WWTP) PLC and Controls Upgrade project to Townsend Controls and Electric, LLC. in the amount of $814,172.48 and, further, authorize the City Manager to execute the contract documents. Mr. Serrano seconded. Motion passed unanimously. Page 52 of 385 SPECIAL MEETING MINUTES PASCO CITY COUNCIL OCTOBER 29, 2018 2 Performance of a City Official MOTION: Mr. Maloney moved to accept the final report by Kenbrio Inc. reflecting the City Council's corporate view of the City Manager's performance for the period June 2017 - June 2018 and in recognition a 2% salary increase effective July 1, 2018. Mr. Alvarado seconded. Motion passed by unanimous roll call vote. ADJOURNMENT: There being no further business, the meeting was adjourned at 8:27 p.m. PASSED AND APPROVED this 5th day of November 2018. APPROVED: ATTEST: Matt Watkins, Mayor Daniela Erickson, City Clerk Page 53 of 385 Page 54 of 385 Page 55 of 385 Page 56 of 385 Page 57 of 385 Page 58 of 385 Page 59 of 385 Page 60 of 385 Page 61 of 385 Page 62 of 385 Page 63 of 385 Page 64 of 385 Page 65 of 385 Page 66 of 385 Page 67 of 385 Page 68 of 385 Page 69 of 385 Page 70 of 385 Page 71 of 385 Page 72 of 385 Page 73 of 385 Page 74 of 385 Page 75 of 385 Page 76 of 385 Page 77 of 385 Page 78 of 385 Page 79 of 385 Page 80 of 385 Page 81 of 385 Page 82 of 385 Page 83 of 385 Page 84 of 385 Page 85 of 385 Page 86 of 385 Page 87 of 385 Page 88 of 385 Page 89 of 385 Page 90 of 385 Page 91 of 385 Page 92 of 385 Page 93 of 385 Page 94 of 385 Page 95 of 385 Page 96 of 385 Page 97 of 385 Page 98 of 385 Page 99 of 385 Page 100 of 385 Page 101 of 385 Page 102 of 385 Application for 2022 Pasco Lodging Tax Funds Amount of Lodging Tax Requested: $___________ Organization/Agency Name: Federal Tax ID Number: Contact Name and Title: Mailing Address: City: State: Zip: Phone: Email Address: Non-Profit For-Profit Public Agency Type: Title of Proposed Use/Activity: Description: Funding Outline: Sources Requested Lodging Tax Funds** TOTAL Uses Tourism Marketing Event/Festival Marketing/Operation Tourism Facility Operation TOTAL $ Please attached the following (if applicable) to your application: Lodging Tax from Kennewick and Richland** Private Industry Investments* TPA Assessments If your agency is a non-profit a copy of your agency’s current non-profit corporate registration with the Washington Secretary of State. Brochures or other information about your event/activity/facility, in particular items showing recent tourism promotion efforts. (Optional) Visit Tri-Cities 2020 Annual Report is attached. In addition, following are links to the Visit Tri-Cities website, www.VisitTri-Cities.com and Visitor Guide, http://online.fliphtml5.com/hqid/wzdo/#p=1. The Visit Tri-Cities 2021 Budget for Lodging Tax is also attached. Estimated budget for 2022 will be approved by the Tri-Cities Board of Directors in December of 2021. Actual revenue to be calculated using 5-year average as per contract. 1,871,914 150,992 533,690 338,037 2,894,633 2,894,633 2,894,633 150,992 Page 103 of 385 As a direct result of your proposed tourism-related service, provide an estimate of: What method was used to determine attendance in previous years? a.Overall Attendance Enter the total number of people predicted to attend this activity and select the method used to determine the attendance. Predicted: Direct Count Indirect Count Representative Survey Informal Survey Structured Estimate b.Attendance, 50+ Miles Number of people predicted to travel more than 50 miles to attend this activity and select the method used to determine the attendance. Predicted: Direct Count Indirect Count Representative Survey Informal Survey Structured Estimate c.Attendance, Out of State, Out of Country Of the total listed in "b" above, number of people predicted to travel from another state and country and select the method used to determine the attendance. Predicted: Direct Count Indirect Count Representative Survey Informal Survey Structured Estimate d.Attendance, Paid for Overnight Lodging Enter the number of predicted to attend this activity and pay for overnight lodging and select the method used to determine the attendance. Predicted: Direct Count Indirect Count Representative Survey Informal Survey Structured Estimate e.Attendance, Did Not Pay for Overnight Lodging Enter the number of predicted to attend this activity without paying for overnight lodging and select the method used to determine the attendance. Predicted: Direct Count Indirect Count Representative Survey Informal Survey Structured Estimate I am an authorized agent of the organization/agency applying for funding. I understand that: Funds must be expended within the calendar year. Reporting requirements meeting state guidelines outlined in this application must be submitted with final request for reimbursement. All funded requests will be monitored for progress and consistency with scope and time line outlined in All requests for reimbursement for approved costs shall be in writing and shall have supporting documentation to verify the expenditure of the funds included in request. The State of Washington requires an estimate for the following questions below: Direct Count: Actual count of visitors using methods such as paid admissions or registrations, clicker counts at entry points, vehicle counts or number of chairs filled. A direct count may also include information collected directly from businesses, such as hotels, restaurants or tour guides, likely to be affected by an event. Indirect Count: Estimate based on information related to the number of visitors such as raffle tickets sold, redeemed discount certificates, brochures handed out, police requirements for crowd control or visual estimates. Representative Survey: Information collected directly from individual visitors/participants. A representative survey is a highly structured data collection tool, based on a defined random sample of participants, and the results can be reliably projected to the entire population attending an event and includes margin of error and confidence level. Informal Survey: Information collected directly from individual visitors or participants in a non-random manner that is not representative of all visitors or participants. Informal survey results cannot be projected to the entire visitor population and provide a limited indicator of attendance because not all participants had an equal chance of being included in the survey. Structured Estimate: Estimate produced by computing known information related to the event or location. For example, one jurisdiction estimated attendance by dividing the square footage of the event area by the international building code allowance for persons 3 square feet). The following overall attendance is for Pasco Conventions and Sports only and based on actual attendance as reported year-to-date in the 2021 Conventions and Sports Digest. Business and Individual Travel are not included. Signature:Name (Printed): Date: f.Paid Lodging Nights Predicted: Direct Count Indirect Count Representative Survey Informal Survey Structured Estimate Enter the number of predicted paid lodging nights and select the method used to determine the attendance. Lodging night = one or more persons in one room 15,458* 252,785** 168,523 Number of sold guest rooms in Pasco in 2020 reported by STR The Attendance for Paid Overnight Lodging is calculated based on the total number of Paid Lodging Nights and an average of 1.5 people per room per night. Michael Novakovich August 23, 2021 NA NA NA Page 104 of 385 RENEWAL AGREEMENT FOR THE PROMOTION OF TOURISM THIS RENEWAL AGREEMENT is entered into between the CITY OF PASCO, a municipal corporation, hereinafter referred to as the "City", and the TRI -CITIES VISITOR AND CONVENTION BUREAU, a Washington non-profit corporation, doing business as Visit TRI- CITIES," hereinafter referred to as the "Bureau." IN CONSIDERATION of the mutual covenants as set forth herein, the parties agree as follows: The Bureau agrees to perform promotional services for the City including, but not limited to, advertising, publicizing and otherwise distributing information for the purpose of attracting visitors and encouraging tourist expansion to and within the City. In providing such services the Bureau shall: Develop and implement a marketing and promotional plan that advertises and promotes the Tri -Cities and the City for the purpose of attracting visitors. Appropriate activities would include the production and distribution of a visitor guide, brochures, participation in travel shows, conducting advertising campaigns and other activities designed to promote the attractions of this area in targeted markets. 2. Manage and execute a comprehensive website and digital marketing campaigns designed to educate travelers, drive demand, assist local businesses in staff recruitment & relocation efforts, and complement City economic development strategies. 3. Provide City staff with accurate and detailed information on tourism statistics including but not limited to hotel occupancies, economic impact figures, and group histories to support the City's efforts to recruit businesses within the hospitality industry. 4. Act as a membership organization and liaison to small businesses located in the City of Pasco that are dependent on tourism spending for financial success. 5. Solicit convention business and sports tournaments for the Tri -Cities and the City at the regional and state level through activities such as: A. Making contact with convention and sports planners and executives of organizations and groups to solicit sports, meetings and conventions in the Tri -Cities and the City. B. Researching convention and sports leads and contacting convention representatives of association groups and tournament representatives of sports groups, promoting the Tri -Cities and the City and offering convention and sports planning assistance. Renewal Agreement for the Promotion of Tourism - Page 1 Page 105 of 385 C. Preparing and distributing invitational convention and sports bid packets including information on the Tri -Cities and the City and the convention and sports facilities available therein. 6. Provide prospective sports organization and convention representatives with familiarization tours of venues and convention hotel facilities in the Tri -Cities and the City for the purpose of assisting in the selection of a hotel(s) and/or other venues in which to hold sports tournaments, conventions and meetings. 7. Provide convention chairpersons and/or association executives and sports tournament directors with a bid packet and a planner's workbook to assist in planning conventions and/or sports tournaments. 8. Assist future conventions and sporting events in maximizing attendance through pre -event promotion. Produce promotional videos, collateral material, press releases, display booths and marketing materials to be used twelve to eighteen months prior to the event to increase awareness and create enthusiasm for attendance at Tri -Cities events. 9. Operate a visitor information center in the Tri -Cities to promote the Tri -Cities as a destination of choice and encourage visitors to enjoy local attractions and amenities, driving economic impact. 10. Include advertising material in promotional packets and other releases promoting regular tourism related Tri -City activities and events. 11. Reserve a seat on the Bureau's Board of Directors for representation by the City Manager or City Council Member. 12. Specific activities to be undertaken by the Bureau each year reflecting actions to be taken in the above -noted categories of service shall be detailed in an annual work plan. The work plan will be presented to the City for approval in March of each year. II. For the services herein contemplated and more fully described in the annual work plan, the City agrees to pay the Bureau fifty percent (50%) of the annual average hotel/motel tax receipts of the City collected from the first two percent (2%) levied for the five-year period immediately preceding each year of the contract period. The Bureau shall invoice the City for such services on a monthly basis on the 11t of each month for the services provided the month prior. 1. Provision for Economic Downturn: In the event of an economic downturn wherein there is a -15% decline in hotel/motel taxes over a period of six months the parties agree to a payment for services as described herein. A. The base for comparison will be the same six-month period during the Renewal Agreement for the Promotion of Tourism - Page 2 Page 106 of 385 prior year, or the average of 2017, 2018 and 2019 (whichever is greater). B. The -15% reduction in hotel/motel taxes will trigger a joint conversation between all parties to this contract to establish, in good faith, a mutually agreeable annual contract payment amount. C. Should the parties be unable to come to an agreement the annual contract payment will be adjusted by the same percentage decline experienced over the six-month period identified above. D. The duration of Payment Adjustment will be a minimum of six months, a new calculation will be performed at the end of six months to determine if another six- month adjustment is warranted. If not, normal payment amounts will resume under the normal contract payment amount and be the basis for monthly invoices from the Bureau. 2. Future Annual Contract Payment Calculations: For purposes of calculating the five- year average used to determine the annual contract payment, the annual hotel/motel tax amount for any year in which the provision for an economic downturn is enacted will be replaced with the prior year's annual hotel/motel tax, assuming it is a higher amount, and would serve as the adjusted future annual contract payment amount supporting the basis for monthly invoices from the Bureau. 3. Reporting: On or before August 15 each year, the Bureau shall deliver a mid -year review and provide a written status report detailing the services provided and the activities and accomplishments of the Bureau. A formal presentation to the City Council will be made if requested. III. Pursuant to the governing statute, (Ch. 67.28 RCW), restrictions have been placed on the use of hotel/motel tax funds as set forth in relevant part as follows: "... used solely for the purpose of paying all or any part of the cost of tourism promotion, acquisition of tourism - related facilities, or operation of tourism -related facilities." RCW 67.28.1815 Funding is conditioned upon the Bureau entering into thisAgreementAgreement setting forth the purposes for which the funds will be used, providing a procedure for a project -end accounting and insuring compliance with the statute. To this end, the parties agree as follows: 1. The Bureau agrees to expend such funds to promote tourism in compliance with Ch. 67.28 RCW. 2. At the conclusion of the calendar year, the Bureau shall provide a complete accounting of the expended funds and the purposes therefore. Renewal Agreement for the Promotion of Tourism - Page 3 Page 107 of 385 3. In the event the accounting indicates that funds were used for purposes not permitted by law, the Bureau shall, within 30 days of notification by City to the Bureau of such improper expenditures, remit the disallowed amount back to the City. 4. The Bureau shall maintain accurate records, regarding expenditure of funds related to its purpose of promoting tourism in compliance with RCW 67.28, to support its annual accounting for a calendar year, which shall be subject to inspection by the City upon 30 days' notice of its intent to inspect the same. 5. Failing of the Bureau to either provide the accounting or remit disallowed funds as required herein shall constitute a breach of this Agreement. The remedies available to the City shall include but not be limited to, return of all funds delivered to the Bureau and denial of the right of the Bureau to apply for any future funding. 6. In the event of a dispute regarding the enforcement, breach, default, or interpretation of this Agreement, the parties shall first meet in a good faith effort to resolve such dispute. In the event the dispute cannot be resolved by agreement of the parties, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, with both parties waiving the right of a jury trial upon trial de novo. The substantially prevailing party shall be entitled to its reasonable attorney fees and costs as additional award and judgment against the other. IV. This Agreement shall be effective on January 1, 2021, and shall expire on December 31, 2025; provided, however, the City may terminate the Agreement with at least one (1) year written notice delivered to the Bureau. IN WITNE S WHEREOF, the Parties hereto have caused this Agreement to be executed this /OZ" day of , 2020. CITY OF PASCO: APPROVED AS TO FORM: S;wil Ma.e- 'Zabe I Kerr guson Law, PLLC oaf y Attorney TRI -CITIES VISITOR AND CONVENTION BUREAU, a Washington non-profit corporation d/b/a Visit Tri -Cities APPROVED AS TO FORM: ichael Nova ovich, President & CEO Renewal Agreement for the Promotion of Touris Page 108 of 385 7130 W. Grandridge Blvd., Suite BKennewick, WA 99336509-735-84861-800-254-5824www.VisitTRI-CITIES.cominfo@VisitTRI-CITIES.com August 23, 2021 Ms. Angela Pashon City of Pasco P.O. Box 293 Pasco, WA 99301 SUBJECT: Visit Tri-Cities 2022 Hotel/Motel Tax Fund Application Dear Ms. Pashon: We appreciate the opportunity to again submit an application for lodging tax to support our efforts to market Pasco and the entire region as a premier travel destination. The City of Pasco and Visit Tri- Cities have a signed agreement for the promotion of tourism that was approved by the Pasco City Council and the Pasco Lodging Tax Advisory Committee (LTAC). The agreement went into effect on January 1, 2021 and will expire on December 31, 2025. The Cities of Kennewick and Richland also have the same agreements established. In order to remain compliant with HB 1253, enclosed is Visit Tri-Cities’ 2022 Hotel/Motel Tax Fund Application for the LTAC to review. By investing lodging tax dollars with Visit Tri-Cities, the City of Pasco receives a multi-faceted approach to marketing the city to visitors, business investors and those looking to relocate. The enclosed application outlines the deliverables and services provided as outlined in the contract. If you would like any additional copies of the application or if I can answer any questions, please contact me. Sincerely, Michael Novakovich, CDME President & CEO Enclosures Page 109 of 385 ANNUALANNUALANNUALANNUALANNUALREPORTREPORTREPORTREPORTREPORT 2020 Page 110 of 385 Dear Tourism Partners, As we have all experienced, the coronavirus pandemic changed so many aspects of all our lives, challenging us personally and professionally. While no business segment was spared, the tourism industry has been adversely affected, and the impacts will be felt for years to come. But with great challenges come great opportunities, and Visit Tri-Cities embraced every opportunity presented during the past year. It is with great appreciation that we report to you the achievements we accomplished together in 2020. The following Annual Report showcases our stewardship of community trust and resources. 2020 began with hope and optimism, with a series of tourism focused campaigns planned. We started the year by inviting visitors to “Get Your Geek On” with a robust science-themed campaign in partnership with Battelle, our Official Champion of STEM Tourism. Unfortunately, just as we began promoting the STEM- related assets unique to the Tri-Cities, travel restrictions were put in place and the STEM campaign was cut short. Knowing that our local tourism-related businesses would need support, staff developed the ”Get Your Order On!” campaign, highlighting curbside service following the Stay Home, Stay Safe order. The video was complemented with a public service announcement featuring General James Mattis encouraging residents to support our local businesses, jobs, economy and quality of life by using curbside pickup, delivery and safe practices. We, like all of you, were hopeful that travel would return by early summer. However, it became obvious that travel to the Tri-Cities was not going to be allowable for some time. Knowing we needed to aggressively battle the pandemic, the team shifted their energies to support public health endeavors that would ultimately allow businesses to reopen and lead to the return of tourism. We partnered with Benton County, utilizing CARES ACT money to provide COVID-19 mitigation marketing communications to the Tri-Cities region. We collaborated with the Benton Franklin Health District to create campaigns in English and Spanish. Most effective was our use of humor to encourage social sharing and adoption of public health behaviors. We created a series of spots called CYA. As in, Cover Your Airholes. Additionally, the team continued to foster strong partnerships with the Tri-Cities Regional Chamber of Commerce and TRIDEC to create the Tri-Cities Open and Safe Coalition; provided leadership on the Municipality Advisory Council (MAC), which is comprised of representatives of nine local jurisdictions, Benton Franklin Health District, the Regional Chamber and TRIDEC; remade a popular 90s alternative rock song to promote good COVID practices and a produced a message to the Governor’s Office in support of reopening local businesses that follow local, state and federal health guidelines. These endeavors didn’t divert Visit Tri-Cities from its mission of driving visitor traffic to the community. While it’s true that it was difficult to promote travel during county-specific restrictions, the team developed campaigns to raise awareness of the destination with a key message: visitors are welcome when it is the appropriate time to travel. National Travel & Tourism Week was celebrated virtually, highlighting Tri-Cities amenities and over 150 area businesses. The team promoted the destination to meeting planners with a virtual familiarization tour of area hotels and meeting and convention spaces. Additionally, the staff offered leadership on the Washington Safe Meetings Coalition, which led to the return of safe meetings in an earlier Phase. The same support was provided for festivals and events. Finally, our Annual Report is not only a summary of our activities, but a reminder of the economic impact of the tourism industry for the Tri-Cities. The most recent numbers available are from 2019, a year when the Tri-Cities enjoyed $496.5 million in economic impact due to visitor spending. These dollars support a vibrant business community, attracting more amenities to the Tri-Cities. Sales tax revenue generated by tourism reduces each household’s tax burden in Benton and Franklin counties by an average of $737, supporting schools, teachers, emergency services, roads maintenance, parks and other services provided by our local municipalities. Moreover, 5,600 jobs were supported by tourism. The economic impacts of tourism in our community for 2020 are not yet available and will be a stark contrast to 2019 and the years before, but it is inspiring to see the positive impacts of tourism in the Tri-Cities. While 2020 was a difficult year, through community collaboration and tourism innovation we overcame many challenges, together. We’re looking forward to doing even more with our community partners in 2021. Michael Novakovich President & CEO To be an industry leader for destination marketing in the Pacific Northwest; the primary source of visitor information; and the lead advocate for visitor industry development in the Tri-Cities region. OUR VISION Rob Roxburgh 2021 Chairman of the Board WHY TOURISM MATTERS Page 111 of 385 Source: Tourism Economics 2019, An Oxford Economics Company 5,628 jobs in Benton & Franklin Counties CREATES HOTEL MOTEL TAX DISTRIBUTIONS Kennewick Pasco Richland Totals 2016 $539,578 $274,798 $475,641 $1,290,017 2017 $568,745 $323,445 $536,682 $1,428,872 2018 $592,249 $343,642 $598,997 $1,534,888 2019 $592,210 $324,891 $633,862 $1,550,963 2020 $277,886 $151,941 $270,733 $700,560 IMPERATIVE: ADVOCATE FOR THE DEVELOPMENT OF CRITICAL TOURISM INFRASTRUCTURE 108million 22% 82.3Recreation million 16% Retail million 26% million 20% 99 79.8 million16% TransportationFood & Beverage Hotels 127.4 million$ 496.5 VISITOR SPENDING 4,418 Hotel Guest Rooms Available SPENDINGBREAKDOWN Sales tax revenued generated by tourism reduces each household’s annual tax burden in Benton and Franklin Counties by an average of 737 Visitor Spending represented in this report reflect the economic impact of tourism in the Tri-Cities for the year of 2019. The economic impacts of tourism in our community for 2020 are not yet available. WHY TOURISM MATTERS IMPERATIVE: DEMONSTRATE VALUE TO OUR PARTNERS, MEMBERS AND COMMUNITY Page 112 of 385 COUNTY 13.1% ADVERTISING 0.9% TPA 43.3% HOTEL 27.5 GRANTS & MISC 4% MEMBER 11.1% IMPERATIVE: DEMONSTRATE VALUE TO OUR STAKEHOLDERS, PARTNERS AND COMMUNITIES VISIT TRI-CITIES AT-A-GLANCE MARKETING AND PRODUCT DEVELOPMENT 2020 2019 Generating additional cash flow in to the region through visitor spending is important for the local economy. Visitor spending improves the business climate and offers opportunities for new endeavors to thrive. Visit Tri-Cities promotes the region as a premier destination for meetings, conventions, sports and leisure travel. Visit Tri-Cities’ Convention Marketing, Sports Marketing and Media Outreach departments all incorporate sales-driven strategies directed at markets with the greatest potential to bring new visitor dollars to the region. While marketing is important, product development is a priority as well. Through the Tri-Cities Rivershore Enhancement Council (TREC), Visit Tri-Cities works with local jurisdictions and hospitality partners to ensure that attractions are upgraded or added to the community in order to continue offering fresh experiences for visitors. 2019 Revenue Summary$ 2,684,038 TOTAL REVENUES 2020 Revenue Summary$ 2,547,498 TOTAL REVENUES The coronavirus pandemic had a significant impact on the tourism industry throughout the world, including the Tri- Cities. Travel restrictions coupled with uncertainly related to the COVID-19 virus, impacted Visit Tri-Cities’s revenue sources. Visit Tri-Cities worked to reduce expenses and seek additional revenue sources to support the organization’s mission to drive visitation when appropriate, including CARES ACT funding from Benton County and government grants. The following is a comparison of Visit Tri-Cities’ revenues for 2019 and 2020. TOURISM PROMOTION ASSESSMENT 58% HOTEL/MOTEL TAX 24.5% MISC 0.4% ADVERTISING 5.5% GRANTS/ MISC 4.1% MEMBER 11.6% MEMBER 11.1% TOURISM PROMOTION ASSESSMENT 43.3% HOTEL/MOTEL TAX 27.5% COUNTY/ CARES ACT 13.1% ADVERTISING 0.9% 2019 2020 MEMBER $312,289 $283,293 GRANTS/MISC $11,580 $102,246 ADVERTISING $147,534 $23,883 HOTEL $656,606 $700,560 TPA $1,556,028 $1,103,258 COUNTY $334,258 TOTAL $2,684,037 $2,547,498 Page 113 of 385 IMPERATIVE: ESTABLISH BRAND CLARITY AND INCREASE AWARENESS THROUGH UNIFIED EFFORTSTOURISMDEVELOPMENT AIRPORT/CONVENTION CENTER KIOSKS MEDIAOUTREACH ADVERTISING MARKETING CONVENTIONS& SPORTS TRI-CITYREGIONALHOTEL-MOTELCOMMISSION Visit Tri-Cities manages tourism-related programs and infastructure within the community to position the Tri-Cities as a desirable ad compelling visitor destination. The Visit Tri-Cities’ website was emphasized as a community portal in all advertisements and visitor publications throughout the year. We activily encouraged all visitors to visit our website. The digital and social campaigns earned 16.8 million impressions leading to more than 36,000 click throughs to the Benton Franklin Health District website. 151 events scheduled to take place in 2020 were canceled due to COVID-19, representing 113,387 visitors and 32,371,689 in visitor spending. 17 events scheduled to take place in 2021 were canceled due to COVID-19, representing 3,992 visitors and $1,924,087 in visitor spending. WEBSITE HIGHLIGHTS 155,205 391,286 UNIQUE VISITS PAGE VIEWS UNIQUE VISITORS 2,061 PAGE VIEWS 7,447 The sales department’s primary focus is to market to convention, sports and group meeting planners through direct sales contacts, advertising in targeted periodicals and attending industry events. These activities mean heads in beds” that generate hotel/motel tax revenues for our community. Twitter Followers 6,200 Facebook Followers 25,839 Instagram Followers 9,835 LinkedIn Followers 1,213 Stories 124 Positive Earned Media Views 270,324,560 Travel Writers Hosted 2 Kennewick Jerry Beach, SpringHill Suites by Marriott Mark Blotz, Clover Island Inn Pasco Monica Hammerberg, Hampton Inn & Suites Pasco/Tri-Cities Vijay Patel, A-1 Hospitality Richland Wendy Higgins, The Lodge at Columbia Point Andrew Lucero, Courtyard by Marriott Tri-Cities Rivershore Enhancement Council Tri-Cities Sports Council Tri-Cities Wine Tourism Council Tri-Cities National ParkCommitteeDirectorsofSales VISIT TRI-CITIES COUNCILS MARKETINGANDPRODUCTDEVELOPMENT Visitors attracted 2020 PROGRAM HIGHLIGHTS Number of conventions, sports & group activities 4,253,816 41 13,237 Convention and Sports visitor spending to region: 2021 & BEYOND Future visitor spending: Future visitors Future conventions, meetings and sports events. 28,221,611 110 77,04592Futureconventions, meetings and sports events booked in 2020. BUSINESS BOOKED IN 2020 Of these 92 events booked, 38 events cancelled or rescheduled due to COVID-19. Future visitor spending: 15,358,458 Visit Tri-Cities focused on print, digital marketing, including commercials on streaming TV, with no broadcast media buys in 2020. Campaigns were limited due to pandemic related travel restrictions within the state. Tourism campaigns deployed in 2020 earned3,852,190 impressions & 11,327 click throughs Visit Tri-Cities develops and deploys a robust marketing plan annually, using a variety of effective tactics to raise brand awareness of the Tri-Cities. Visit Tri-Cities secured CARES ACT grant money from Benton County to develop and execute in-market advertising campaigns to encourage social distancing, use of face coverings and safety precautions to mitigate the effects of COVID-19, improve the health of our community and begin economic recovery. Creatives developed and deployed through digital, broadcast (TV & radio) and social 9/1-12/15/2020.24 Corporate Sponsor: Mission Support Alliance Television & 2,398 1,773 Radio Spots GRANTS/ MISC 4.1% HOTEL/MOTEL TAX 27.5% Ex-Officios: Marie Mosley, City of Kennewick Cindy Reents, City of Richland Dave Zabell, City of Pasco Corporate Sponsor: Washington River Protection Solutions Page 114 of 385 2020 A YEAR IN REVIEW JANUARY 13 Know Your Dam Facts Rally 21 Columbia River and Snake River Dams Meeting with U.S. Representative Dan Newhouse 23 Tourism Presentation to WSU-Tri-Cities Marketing Class 23 Columbia Basin College Hall of Fame Banquet 24 Visit Tri-Cities Staff Retreat 25 “Love Our Locals” – a program of Visit Tri-Cities & Tri-Cities Wine Tourism Council 29-31 Hosted TBEX (Travel Bloggers Exchange) Site Visit 30-31 Tri-Cities Legislative Trip to Olympia FEBRUARY 19 Leadership Presentation to Leadership Tri-Cities Class XXV 20 Presented on Tourism at Tri-Cities Economic Outlook Forum 20 Published the Official Tri-Cities Visitor Guide 20 Published Great Golf Getaways Brochure 22-23 Spokane Golf & Travel Show 24 New Board Member Orientation 26-27 Hosted Planning Visit for Association of Washington Cities (AWC) and included introductions with LIGO, B Reactor Museum Association and Port of Kennewick 27-28 Hosted representatives from Osborne Northwest Public Relations MARCH Presentation of the 2019 Annual Report and 2020 Work Plan to Pasco and Richland City Councils 1 Launched “Get Your Geek On” STEM campaign in partnership with Battelle 2 Snake River Dams Press Conference 4 Washington Wine Foundation 5 New Board Member Orientation 5 Visit Tri-Cities CEO/Board Member Collaboration Meeting 5 Published the 2019 Annual Report and Work Plan 6 New Council Member Meeting 8-10 Meeting Professionals International (MPI) Cascadia Conference, Bend, OR 12 Presented “Tourism in the Tri-Cities” to Kiwanis Club 13 Hospitality Meeting to discuss COVID-19 Challenges with Hotel and Meeting Venue Partners 17 Launched “Tri-Cities Open for Business” in partnership with TRIDEC and Tri-City Regional Chamber of Commerce 18-19 Conducted Olympia Sales Blitz Virtual Appointments with State & Regional Meeting Planners 19 Hosted a Virtual Meeting Planner Luncheon, “Making Vitality Your Reality” 25 PSA with General Mattis to Support Local Business 26 Launched “Come on Get Your Order On” Campaign 29-31 PPE Drive to collect critical health supplies in partnership with TRIDEC and Tri-City Regional Chamber of Commerce APRIL 10 Launched Sports Message from Visit Tri-Cities 10 WSU Tri-Cities Beverage Management Craft Beverage/Distilled Spirits Meeting 13 First Meeting to Bring Back Gatherings of 50+ Attendees 21 Presentation of the 2019 Annual Report and 2020 Work Plan to Kennewick City Councils 23 Launched STEM Travel Itineraries 24 TRIDEC’s Coffee with Karl – Rebuilding Tomorrow MAY 4 Launched of Excellence in Service Award Program 4-8 National Tourism Week 8 Launched VTC Staff Video, “Wipe It” 14 Hosted Tri-Cities Winemakers Virtual Panel 18 Launched segmented “When It Is Time Travel” tourism campaign, highlight wine country, family friendly activities and outdoor recreation. JUNE 1 Visit Tri-Cities Staff Strategic Planning Meeting 2 Initiate Tri-Cities Open & Safe Coalition with TRIDEC and Tri-City Regional Chamber of Commerce 3 Congressman Dan Newhouse Community Check-in Meeting 4 TRIDEC’s Coffee with Karl – Getting Ready for Phase 2 10 Unified Mask Media Event Visit Tri-Cities CEO/Board Member Collaboration Meeting 11-12 Washington Society of Association Executives (WSAE) Virtual Annual Conference 15-16 Tri-Cities Open & Safe PPE Donation Drive 16 Port of Benton Community Leader Focus Group for Strategic Plan 20 Launched Elected Officials PSA to encourage use of face coverings and social distancing 25-26 Tri-Cities Open & Safe Personal Protection Equipment (PPE) Distribution Drive 30 Meeting with Governor Jay Inslee and Press Conference Page 115 of 385 JULY Issued RFP for the design, execution and maintenance for a fully functional and interactive website 1 Road to Recovery Press Conference 3 Tri-Cities (Benton & Franklin Counties) advanced to Modified Phase 1 3 Tri-Cities Open & Safe Coalition launched the Business Pledge 9 Launched “Social Distance” music video featuring VTC Staff 14-15 Destinations International (DI) Virtual Annual Convention 17 TRIDEC’s Coffee with Karl – Tourism & Economic Diversification 20 Announcement that the Tri-Cities will host 2021 TBEX (Travel Bloggers Exchange) 20 DMA West Virtual Leadership Summit 21 Benton City Tour with Mayor Linda Lehman 22 Port of Kennewick Downtown Waterfront Master Plan Community Group Discussion 30 Washington Hospitality Association Southwest Washington Town Hall 30 DMA West Virtual Leadership Summit AUGUST Tri-Cities (Benton & Franklin Counties) advanced to an enhanced Modified Phase 1 3 Launched “We Are Tri-Citians” video 3 Awarded Benton County CARES Act Community Support Program Grant 3-21 Sports ETA SportsBIZ XChange Virtual Meetings 5 DMA West Virtual CEO Summit 10 Community Leaders Luncheon with Congressman Dan Newhouse 11 Association of Washington Business (AWB) Federal Affairs Summit 12 Diversity & Inclusion Panel hosted by Tracci Dial, KNDU 13 Tourism Presentation to Washington Economic Development Association (WEDA) 24 Awarded COVID Mitigation Agreement with Benton County 24 Launched In-Market Campaign with 24 creatives in English and Spanish running on TV, radio, social media and digital platforms 25-26 Virtual CVent CONNECT Conference SEPTEMBER 1 Battelle Announced as the Official of Champion of STEM Tourism 1 Selected Tempest to design and execute new Visit Tri-Cities website 9 Visit Tri-Cities CEO/Board Member Collaboration Meeting 16 Community Leaders Meeting with Congressman Dan Newhouse 18 Presented “Tourism in the Tri-Cities” to Kiwanis Club of Tri-Cities Industry 22 PNNL New Employee On-Boarding Presentation 23 Tri-Cities Hotel & Lodging Association 29 Washington Tourism Alliance (WTA) Brand Campaign Kick-off OCTOBER Tri-City Regional Hotel-Motel Commission 2021 Budget and Marketing Plan presented to Kennewick, Pasco and Richland City Councils 5-9 Washington Bike, Walk, and Roll Virtual Summit 7-10 Hosted SkyNav to film 3D/360 virtual reality video experiences 8 Washington State Tourism Conference 13 Tri-Cities Advanced to Phase 2 14 Launched tourism-focused TV Ad and Social Media Campaigns 14 Western States Virtual Expo with Washington Tourism Alliance (WTA) 14 Congressman Dan Newhouse and Washington Department of Fish & Wildlife Tour of Rattlesnake Mountain 19-22 Virtual TEAMS Conference & Expo 22 Washington Tourism Marketing Authority (WTMA) Annual Board of Directors Meeting NOVEMBER Interlocal Agreement signed by the Cities of Kennewick, Pasco and Richland for the increase of the TPA Assessment 6 DMA West Annual Business Meeting 10 Visit Tri-Cities Annual Meeting – 2020 in the Rearview Mirror 13 Launched Tri-Cities Region Wine Trail Pass in partnership with Bandwango 17-19 National Tour Association (NTA) Virtual Tour Exchange 19 Visit Tri-Cities Virtual FAM Tour for Meeting Professionals 19 Confederated Tribes of the Umatilla Indian Reservation (CTUIR) Treaty Rights Meeting 20 Hospitals and Public Health Press Conference DECEMBER Five-year Agreement for the Promotion of Tourism with the Cities of Kennewick, Pasco and Richland and Visit Tri-Cities signed 7 Benton-Franklin River Heritage Foundation Annual Meeting 7 Launched Tri-Cities Elected Officials Message to Governor and Community to Safely Lift Restrictions and Re-Open Businesses 8 WSU Tri-Cities Marketing Student Tourism Research Project Presentations 8 Comprehensive Economic Development Strategy (CEDS) Meeting 15-16 Destination International (DI) CEO Summit 17 Hosted IRONMAN Feasibility Meeting with Jurisdictions/Stakeholders Page 116 of 385 Visit Tri-Cities is the only organization dedicated to promoting the entire Tri-Cities area for leisure and group travel. Visit Tri-Cities offers a U.S. toll-free number for visitor inquiries and responds to requests for relocation, vacations, meetings, sports and community information. Visitor Center staff provide travel information, manage a community-wide events calendar and website, provide information through the Visitor Center, and maintain an informational kiosk at the Tri-Cities Airport and two satellite Visitor Centers. Rivershore, Heritage & Eco-Tourism The Tri-Cities Rivershore Enhancement Council (TREC) is made up of executive leaders from the cities of Kennewick, Pasco, Richland and West Richland; Benton and Franklin Counties; the ports of Benton, Kennewick and Pasco; and Visit Tri-Cities; and is sponsored by Bechtel National, Inc. TREC is focused on priortization of the tasks outlined in the Rivershore Master Plan II. The Rivershore Master Plan III outlines overarching themes for improving the Sacagawea Heritage Trail and shoreline areas including: wayfinding signage; art, culture and heritage; viewpoints and user amenities; water oriented activities; birding and wildlife viewing; inland linkages; and organized events. Each of the participating jurisdictions also worked on individual projects along the shoreline and adjacent parks that will add to the overall positive experience of visitors to the region. Telephone Email & Direct Mail PUBLICATIONS: VISITOR GUIDE GREAT GOLF GETAWAYS HERITAGE AND ECO- TOURISM CORPORATE SPONSOR: BATTELLE RIVERSHORE ENHANCEMENT CORPORATE SPONSOR: BECHTEL NATIONAL INC. In-person Visitors 2020 VISITOR INQUIRIES 2,469 651 Now the Official Champion of STEM Tourism Page 117 of 385 Deborah Barnard, Barnard Griffin Winery Commissioner Don Barnes, Port of Kennewick Jerry Beach, SpringHill Suites by Marriott Commissioner Jim Beaver, Benton County Troy Berglund, West Richland Chamber of Commerce Karen Blasdel, Battelle Mark Blotz, Clover Island Inn Washington State Representative Matt Boehnke Gloria Boyce, Ben Franklin Transit Washington State Senator Sharon Brown Council Member Rich Buel, City of West Richland Jennifer Cunnington, STCU Karl Dye, TRIDEC Colleen French, Department of Energy Shae Frichette, Frichette Winery Monica Hammerberg, Hampton Inn & Suites Pasco/Tri-Cities Colin Hastings, Pasco Chamber of Commerce Sandra Haynes, WSU Tri-Cities Wendy Higgins, The Lodge at Columbia Point Diahann Howard, Port of Benton Commissioner Robert Koch, Franklin County Council Member Phillip Lemley, City of Richland Andrew Lucero, Courtyard by Marriott Richland Brian Paul Lubanski, KAPP/KVEW TV Lori Mattson, Tri-City Regional Chamber of Commerce Brent Miles, Tri-City Dust Devils Maynard Plahuta, B Reactor Museum Association Dara Quinn, Emerald of Siam Justin Raffa, Mid-Columbia Mastersingers Cliff Reynolds, Red Lion Hotel & Conference Center Pasco Council Member Zahra Roach, City of Pasco Rosanna Sharpe, The REACH Museum Steve Simmons, CG Public House & Catering Council Member Chuck Torelli, City of Kennewick Nikki Torres, Tri-Cities Hispanic Chamber of Commerce Rebekah Woods, Columbia Basin College Founded: 1969 as a non-profit organization Staff: 10 full-time employees Structure: Governed by a 42-member Board of Directors Members: 643 Websites: www.VisitTriCities.com www.VisitTri-Cities.com www.VisitTri-Cities.org www.VisitTri-Cities.travel www.TravelTri-Cities.com www.TravelTriCities.com www.GolfWineCountry.com www.FriendsofOurTrail.com Michael Novakovich, President & CEO Kim Shugart, Senior Vice President Hector Cruz, Vice President Gretchen Guerrero, Director of Operations Lara Watkins, Director of Convention Sales Karisa Saywers, Director of Marketing Maria Alleman, Convention Sales Manager Chase Wharton, Business Development Manager Justin Hawkes, Marketing Manager Linda Tedone, Sales Administrative Assistant Rob Roxburgh, Washington River Protection Solutions Kathy Moore, The Hotel Group Corey Pearson, Three Rivers Campus Vijay Patel, A-1 Hospitality (Hotel & Lodging Representative) Buck Taft, Tri-Cities Airport/Port of Pasco Staci West, Bechtel National, Inc. Ron Hue John Raschko, Miller Mertens & Comfort, P.L.L.C. Monte Nail 2020 BOARD OFDIRECTORSOVERVIEW VISIT TRI-CITIES STAFF 2020 VISIT TRI-CITIES LEADERSHIP EXECUTIVE COMMITTEE CHAIR PAST CHAIR FIRST VICE CHAIR VICE CHAIR VICE CHAIR VICE CHAIR TREASURER LEGAL COUNSEL CPA Page 118 of 385 Economic Development Partners City of Kennewick City of Pasco City of Richland Tri-City Regional Hotel Commission Diamond Members ($10,000+) Three Rivers Campus Bechtel National, Inc. Mission Support Alliance, LLC Battelle Washington River Protection Solutions Lamb Weston Platinum Members ($5,000–$9,999) Ben Franklin Transit Benton County Benton PUD City of West Richland Franklin PUD The HAPO Center Jacobs Port of Benton Port of Kennewick Port of Pasco Gold Members ($1,000–$4,999) Amentum Atkins Banner Bank Benton-Franklion Council of Gov Best Western Plus Columbia River Hotel & Conference Center Best Western Premier Pasco Inn & Suites Clover Island Inn Courtyard by Marriott Richland Columbia Point Energy Northwest Fluor Federal Services GESA credit union HAPO credit union Hilton Garden Inn Tri-Cities/Kennewick Holiday Inn Express & Suites Pasco Tri-Cities Holiday Inn Richland on the River Lourdes Health Network Numerica Credit Union Quality Inn Red Lion Columbia Center Red Lion Hotel Pasco Airport & Conference Center Riverfront Hotel, SureStay Collection by Best Western SpringHill Suites by Marriott Kennewick Tri-Cities Tri-Cities Community Health Trios Health Community Members ($185–$999) 14 Hands Winery 3 Eyed Fish Wine Bar 3 Rivers Folklife A&A Motorcoach AAA Washington Abadan Academy of Children’s Theatre Ace Jewelry & Loan Antiques & Collectibles Adventures Underground Amentum Affinity at Southridge Aflac - Dennis Sams AHBL MEMBERSHIP Visit Tri-Cities member investors create the foundation for our programs through their financial support. In turn, Visit Tri-Cities is equally committed to promoting our members throughquality publications, tourism marketing and advertising opportunities, referrals, educational forums and newsletters. In 2020, Visit Tri-Cities’ membership total reached 643. AIA Magnum Promotions Airfield Estates Winery AJ’s Edible Arts Alaska Airlines Alexandria Nicole Cellars Alexandria Nicole Cellars Destiny Ridge Tasting Room Allen Brecke Law Offices Allied Arts Association - Gallery at the Park Amazon.com Amber Rose Consignment Boutique American Association of University Women AAUW) Anelare Winery Anneliese M. Johnson, CRPC, Financial Advisor ANS (Alternative Nursing Services) Anthology Event Center by Castle Catering Anthony’s at Columbia Point Arlene’s Flowers & Gifts Art on the Columbia Art Without Borders Artmil Arts Center Task Force As You Wish Houses Aspen Limo Tours At Michele’s Atomic Ale Brewpub & Eatery Atomic Bowl/Joker’s Lounge & Casino Atomic Escape Rooms Atomic Screenprinting, Signs & Embroidery AutoZone AXE KPR Hatchet Range Azteca B & B Express Printing B Reactor Museum Association Badger Mountain Vineyards Baker & Giles Baker Boyer D.S. Baker Advisors Bank of the West Banner Bank Corp. & RE Loan Center Barnard Griffin, Inc. Baum’s Baymont Inn & Suites Bekins Northwest Bella Italia Bella Vista Apartments Bennett Rentals Benton City Chamber of Commerce Benton County Fairgrounds Benton Franklin Fair & Rodeo Benton Rural Electric Association Benton-Franklin Council of Governments Bergstrom Aircraft, Inc. Berkshire Hathaway Home Services Tri Cities Real Estate Best Western Convention Center Hotel Kennewick Best Western Kennewick Inn Better Business Bureau Northwest Big Bend Electric Cooperative, Inc. Big River IT Bike Tri-Cities Bill’s Berry Farm Bingo Boulevard BITE at the Landing Black Heron Spirits, LLC Bleyhl Co-op Blue Dolphin Car Wash & Steptoe Mini Storage Bob’s Burgers and Brew - Kennewick Location Bob’s Burgers and Brew - Richland Location Boiada Brazilian Grill Bombing Range Brewing Company Boys & Girls Club of Benton and Franklin Counties Brews Taphouse & Growler Fills Brick House Pizza Broadmoor RV SuperStore Brutzman’s Office Solutions Bud Knore Insurance Budd’s Broiler Buds & Blossoms Too Burger Ranch Burger Ranch - Pasco Camerata Musica Campbell & Company Canyon Lakes Golf Course Caribbean Golf Cascade Natural Gas Corp Catering To You Cedars at Pier 1 CG Public House & Catering (was Country Gentleman) Chandler Reach Winery Chapala Express Chaplaincy Health Care Chaplaincy Repeat Boutique Cherry Chalet Bed & Breakfast Chervenell Construction Company Chuck E Cheese Chukar Cherries Cigar Savvy Shop, LLC City of Kennewick City of Pasco City of Richland Clearwater Square Apartment Houses Cliff Thorn Construction, LLC CliftonLarsenAllen LLP CloudSigns. TV Clover Island Marina Col Solare Winery Coldwell Banker Tomlinson Associated Brokers Columbia Bank, Pasco Columbia Basin BMX Columbia Basin College Columbia Basin Paper Supply Columbia Basin Racquet Club Columbia Basin Veterans Center Columbia Center Columbia Center Heights Exec. Suites Columbia Crest Winery Columbia Industries Columbia Park Golf Tri-Plex Columbia Point Golf Course Columbia Sun RV Resort Comfort Inn Comfort Suites Kennewick At Southridge Communities in Schools of Benton-Franklin Community Concerts of Tri-Cities Community First Bank Community Real Estate Group Connell Heritage Museum Conover Insurance - Felicia Green Conover Insurance - Tawni Gama Corwin Ford Cougar Cave Expresso Country Mercantile Country Mercantile - Richland Courtyard by Marriott Pasco Tri-Cities Airport Cowan Estates Coyote Bob’s Roadhouse Casino Coyote Canyon Mammoth Site Coyote Canyon Winery Craig J. Griffiths Crazy Moose Casino Cyber Art 509 Dallas Green Team D-Bat Columbia Basin Dennis Sams, AFLAC DermaCare Desert Food Mart Desert Wind Winery Devoted Builders LLC Digital Image Tri-Cities Inc. Quality Printing Distinctive Properties, Inc. Downtown Pasco Development Authority DownUnderSportFishing DrewBoy Creative E Benton Co. Historical Society Museum Eastern Washington Transportation Econo Lodge Edith Bishel Center for the Blind and Visually Imparired Einan’s at Sunset Emerald of Siam Thai Restaurant and Lounge Entertainment Warehouse Eritage Resort Europa Events at Sunset EverStar Realty EVM Productions Experience 46 Degrees Fairfield Inn by Marriott Farmers National Company, Flo Sayre Farmhand Winery Fast and Curryous FastSigns Fat Olives Restaurant & Catering Fidelitas Wine Fieldstone Grandridge First American Title Five Guys Burgers & Fries - Richland WA Focal Point Marketing & Multimedia Ford Audio Services Fort Walla Walla Museum Franklin County Franklin County Historical Society & Museum Franklin County RV Park FreshPicks WA Smoothies Frichette Winery Friends of Badger Mountain Friends of Sacajawea State Park Frontier Title & Escrow Company Frost Me Sweet Bakery & Bistro Fujiyama Japenese Steak House and Bar Fuse SPC G & S Properties Garden Hop Pot Garrett Electric Company, Inc. Gesa Carousel of Dreams Going Fishing Guide Service Goodwill Industries of the Columbia Goose Ridge Estate Winery Gordon Estate Winery Grandridge Eye Clinic GRAZE - ‘a place to eat’ Great Harvest Bread Company Greenies Growing Forward Services HALO Branded Solutions Hamilton Cellars Page 119 of 385 Hampton Inn & Suites Pasco/Tri-Cities Hampton Inn Kennewick at Southridge Hampton Inn Richland HAPO Community Credit Union Harvey Insurance Agency Havana Café Heaston Thompson Vision Clinic Hedges Family Estate Hermiston Chamber of Commerce & Confer- ence Center Hightower Cellars Historic Downtown Kennewick Partnership Historic Downtown Prosser Association Holiday Inn Express Hermiston Downtown Holiday Inn Express Hotel & Suites Richland Home 2 Suites by Hilton Home Builders Association of Tri-Cities Homes & Land Magazine Homewood Suites by Hilton - Richland HoneyBaked Ham Café Hops n Drops - Kennewick Location Hops n Drops - Richland Location Horn Rapids Golf Course Horn Rapids RV Resort & Mini Mart Hot Tamales, LLC Huck Finn Kennels Ice Harbor Brewing Co. Ice Harbor Brewing Co. at the Marina IHOP Restaurants Image Fashions Indian Eyes, LLC Infinity Homes of WA Inline Computer & Communications Innovative Mortgage Inter-Mountain Alpine Club International Bigfoot Conference iplay Experience It’s All in the Details J. Bookwalter Jim Custer Enterprises, Inc. Joe & Lety Torres John Clement Photography JPI Insurance Solutions JRN Consulting, LLC Kadlec Regional Medical Center KAPP- KVEW Television Kayla Pratt, Realtor Keller Williams Realty Keller Williams Realty Kelley’s Tele-Communications Kennewick Irrigation District Kennewick School District Kennewick Suites KEPR (CBS)/KUNW/CW9 Kerr Ferguson Law, PLLC Kickstand Tours Kiona Vineyards and Winery Kiska Farms Inc. Kitzke Cellars Kiwanis Club of Horse Heaven Hills KNDU-TV Kris Watkins (Lifetime Honorary Member) La Quinta Inn and Suites La Serena at Hansen Park Lakeside Gem & Mineral Club Lampson International LCD Exposition Services Lemon Grass Liberty Christian School LIGO - Hanford Observatory Longship Cellars Lori Middleton - Realtor Keller Williams Lower Columbia Basin Audubon Society Lu Lu’s Craft Bar + Kitchen Lucky Flowers MacKay Sposito Magills Restaurant & Catering Magnolia Music Studio Margaret Merrifield, MD, CCFP Markel Properties Market Vineyards Martinez & Martinez Winery Maryhill Winery & Amphitheater Masala Indian Cuisine McCurley Business Elite McDonald’s Restaurant McKinley Springs MEIER Architecture * Engineering Melendy Entertainment Services Mercer Wine Estates Merrill Lynch Mezzo Thai Fusion Mid-Columbia Ballet Mid-Columbia Libraries Mid-Columbia Mastersingers Mid-Columbia Musical Theatre Mid-Columbia Symphony Middleton Six Sons Farms Milbrandt Vineyards Miller, Mertens & Comfort, PLLC Minuteman Press of Kennewick Miss Tamale Monarcha Winery Monte Nail, CPA P.S. Monterosso’s Italian Restaurant Moon Security Services, Inc. Moonshot Brewing Mooreshots Direct, Inc. Motel 6 Kennewick Motoring Services Auto Repair My Garden Overfloweth My Place Hotel NARFE Employees Association NCMI Corporation Northwest Golfmaps Northwest Paddleboarding Northwet United Protestant Church Nouveau Skin Care & Day Spa Nuclear Care Partners NV5 Octopus Garden OJEDA Pacific Shore Powersports Pahlisch Homes Paragon Corporate Housing Parkview Estates Pasco Aviation Museum Pasco Chamber of Commerce Pasco Golfland Pasco Specialty Kitchen Pay Plus Benefits, Inc. PayneWest Insurance Peak Mortgage Peak Mortgage Pepsi Cola Bottling Co Picture Yourself Piton Wealth PIXELSOFT FILMS Plateau Press, Printing • Branding • Design Polka Dot Pottery Power Up Arcade Bar Preszler’s Guide Service, LLC Pro Made Homes PROOF Gastropub Prosser Chamber of Commerce Prosser Economic Development Association Prosser Wine Network PS Media, Inc. Purple Star Wines Quality Inn - Kennewick Ranch & Home Rattlesnake Mountain Harley-Davidson RE/MAX Professionals REACH Museum Real Property Management Tri Cities Red Dot Paintball Red Lion Inn & Suites Kennewick Tri-Cities Red Lion Templin’s Hotel on the River Red Lobster Red Mountain AVA Alliance Red Mountain Photo Bus, LLC Red Mountain Trails Red Mountain Trails Winery Restaurante El Chapala Retter & Company, Sotheby’s International Realty Richland Players Theater Richland Public Library Richland School District Richland Senior Association RideNow Powersports Tri-Cities Roads2 Travel Company Rollarena Skating Center Rolling Hills Chorus Ron Hue Roxy Theater Antiques & Gifts RRoyal Rides Runners of the Sage Safeguard Printing & Promotional Products Sage Brewing Company Sageland Center Sandollar Farms & Alpacas Sandy’s Fabrics & Machines Sandy’s Trophies, Inc. Seattle Children’s Tri-Cities Clinic Seoul Fusion Korean Restaurant Shari’s Restaurant Sheep’s Clothing Shelby’s Floral & Gifts Simplified Celebrations Skippers Seafood n’ Chowder Sleep Inn Tri-Cities Sleeping Dog Wines Smooth Moves, LLC Snake River Adventures Soap Lake Natural Spa & Resort Solar Spirits Spare Time Lanes Speedy Movers Spencer Carlson Furniture & Design Sporthaus Northwest, Inc. Statewide Publishing STCU Stevenson Advertising Stonecrest Builders Sugar It Sun Willows Golf Course Sundance Aviation SunWest Sportwear Super 8 Kennewick SuperMex El Pueblo Market Swadee Thai Cuisine Swampy’s BBQ Sauce & Catering Tagaris Winery Tamastslikt Cultural Institute Tapteal Greenway Tapteil Vineyard Winery TC Black Teknologize Terra Blanca Winery & Estate Vineyard The Arc of Tri-Cities The Bradley The Children’s Reading Foundation The Crazy Crab Place The Edge Steakhouse & Sports Lounge The Educated Cigar, LLC The Endive Eatery The Garden Tri Cities The Grain Bin Inn The Hotel Group The L&W Team The Lodge at Columbia Point The Olive Garden The Pita Pit The Pub The Rude Mechanicals The Tip Pit The Uptown Business Improvement District Three Rivers Lacrosse Club Thurston Wolfe Winery Titan Homes, LLC Towne Place Suites by Marriott Toyota of Tri-Cities Traveler Mobile Espresso Treveri Cellars Tri City Furnished Home Rentals TRI•CU Credit Union Tri-Cities Alliance FC Tri-Cities Area Journal of Business Tri-Cities Auto Licensing Tri-Cities Battery, Inc. Tri-Cities Cancer Center Tri-Cities Figure Skating Club Tri-Cities Girls Fastpitch Softball Association Tri-Cities Hispanic Chamber of Commerce Tri-Cities Life Tri-Cities Newcomers Club Tri-Cities Prep, A Catholic High School Tri-Cities Sunrise Rotary / See3Slam Tri-Cities Tournament Committee Tri-Cities Wine Society Tri-City Americans Tri-City Association of Realtors Tri-City Dust Devils Tri-City Herald Tri-City Kart Club Tri-City Quilters’ Guild Tri-City Rage Semi-Pro Football Team Tri-City Regional Chamber of Commerce Tri-City Tappers Tri-City Water Follies Association TRIDEC Tri-Fun Tucannon Cellars Tumbleweeds Mexican Flair Twigs Bistro & Martini Bar U.S. Bank Tri-Cities Business Center U.S. Linen & Uniform United Way of Benton & Franklin Counties Uptown Antique Market US Army Corp of Engineers Vanguard Cleaning Systems Viking Homes Vintners Lodge Visit Lewis Clark Valley Walker Heye Meehan & Eisinger, PLLC Wallowa County Chamber of Commerce Washington Hospitality Association Washington State Railroads Historical Society Washington State University Tri-Cities Washington Trust Bank Water2Wine Cruises Wautoma Springs West Richland Area Chamber of Commerce West Richland Golf Course Wet Palette Uncork & Create Studio Wheelhouse Community Bike Shop White Bluff’s Brewing White Bluffs Quilt Museum Wildhorse Resort & Casino Windermere Group ONE Wine Valley Golf Club Wine Yakima Valley WingStop - Pasco Women Helping Women Fund Tri-Cities WoodSpring Suites WorkSource Columbia Basin Wright’s Desert Gold Yakama Nation Legends Casino & Legends Casino Hotel Yakima Federal Savings Ye Merrie Greenwood Players YMCA of the Greater Tri-Cities Z Place Salon & Spa Zintel Creek Golf Club Page 120 of 385 2020 CHAIRMAN’S CIRCLE MEMBERS GOLD MEMBERS Amentum Atkins Banner Bank Benton-Franklin Council of Governments Best Western Plus Columbia River Hotel and Conference Center Best Western Premier Pasco Inn & Suites Clover Island Inn Courtyard by Marriott Richland Columbia Point Energy Northwest Fluor Federal Services Gesa Credit Union HAPO Community Credit Union Hilton Garden Inn Tri-Cities/ Kennewick Holiday Inn Express Hotel & Suites Pasco-TriCities Holiday Inn Richland On The River Lourdes Health Network Numerica Credit Union Quality Inn Kennewick Red Lion Hotel Columbia Center Red Lion Hotel Pasco Airport & Conference Center Riverfront Hotel, SureStay Collection by Best Western SpringHill Suites by Marriott Kennewick Tri-Cities Tri-Cities Community Health Trios Health We acknowledge with pride and appreciation the support of our Chairman’s Circle members. It is their extra commitment to Visit Tri-Cities that helps us distribute our message about the Tri-Cities and welcome guests to our area. ECONOMIC DEVELOPMENT PARTNERS City of Kennewick City of Pasco City of Richland Tri-City Regional Hotel-Motel Commission DIAMOND Battelle Bechtel National, Inc. Mission Support Alliance Three Rivers Convention Center Toyota Arena Toyota Center Washington River Protection Solutions Lamb Weston PLATINUM MEMBERS Ben Franklin Transit Benton County Benton PUD City of West Richland Franklin PUD The HAPO Center Jacobs Port of Benton Port of Kennewick Port of Pasco 7130 W. Grandridge Blvd., Ste. B Kennewick, WA 99336 509) 735-8486 I (800) 254-5824 www.VisitTri-Cities.com Page 121 of 385 INCOME 3050 City of Kennewick 224,591. 00 3055 City of Pasco 127, 977.00 3060 City of Richland 196,978.00 Total Income 549, 546.00 EXPENSES 5010 Salaries 226,237.00 5012 401 ( k) Employer 11,112.00 5015 Health insurance 10,201.00 5030 Payroll Taxes 21, 351.00 5035 Accounting 10,178. 00 5050 Telephone & Toll free 2,000.00 5060 Office Expense 9, 000.00 5070 Office/ Visitor Center Insurance 2,000.00 5080 Postage 1,500.00 5090 Equipment upkeep 4,000.00 5092 Vehicle Expenses 1,220.00 5095 Capital Exp/Set Up 2,000. 00 5100 Office/Visitor Center rent 10, 000.00 5105 Legal / Professional 2,000.00 5115 Computer/ Software Lic Fee 4,000.00 5120 Visitor Guide 60, 000.00 5185 Visitor Center 2,000.00 5200 Tourism Development 6,000.00 5225 Website 8,500.00 5230 Staff Development 1,000.00 5290 Advertising 153,247. 00 5315 Conv Page 123 of 385 Page 124 of 385 Page 125 of 385 Page 126 of 385 Page 127 of 385 Page 128 of 385 Page 129 of 385 Page 130 of 385 Page 131 of 385 Page 132 of 385 Page 133 of 385 Page 134 of 385 Page 135 of 385 Page 136 of 385 Page 137 of 385 Page 138 of 385 Corporations and Charities Division PO Box 40234 Olympia, WA 98504 Tel 360.725.0378 06/03/2021 COLIN HASTINGS 1110 OSPREY POINTE BLVD SUITE 101 PASCO WA 99301-5827 Registration Number: 1125688 Organization Name: GREATER PASCO AREA CHAMBER OF COMMERCE Dear COLIN HASTINGS, Thank you for your recent submission. This letter is to confirm that the following documents have been received and successfully filed: CHARITABLE ORGANIZATION RENEWAL You can view and download your filed document(s) for no charge at our website, www.sos.wa.gov/ccfs If you haven’t already, please sign up for a user account on our website, www.sos.wa.gov/ccfs to file online, conduct searches, and receive status updates. Additional information: Report any changes to your information online at www.sos.wa.gov/ccfs Make sure all solicitations include the required disclosure information as described in the Charitable Solicitations Act, RCW 19.09.100. Submit each commercial fundraiser contract , also available online at www.sos.wa.gov/ccfs before fundraising begins. Determine if the organization is a “trustee” as defined under the Charitable Trust Act, RCW 11.110.020. If so, it may be subject to the Act and required to register as a “charitable trust.” Visit the Combined Fund Drive (CFD) www.cfd.wa.gov to complete the registration process if the organization wishes to take part in the CFD. Please contact our office at charities@sos.wa.gov or (360) 725-0378 if you have any questions. Sincerely, Corporations and Charities Division Office of the Secretary of State www.sos.wa.gov/corps Page 139 of 385 Page 140 of 385 Page 141 of 385 Page 142 of 385 Page 143 of 385 Page 144 of 385 Page 145 of 385 Page 146 of 385 Page 147 of 385 Page 148 of 385 Page 149 of 385 Page 150 of 385 Page 151 of 385 Page 152 of 385 Page 153 of 385 Page 154 of 385 Page 155 of 385 Charity Renewal ORGANIZATION INFORMATION Organization Name: GREATER PASCO AREA CHAMBER OF COMMERCE Registration Number : 1125688 Also known as Names: Purpose/Mission of the Organization: PROMOTION OF TRADE AND COMMERCE IN THE PASCO AREA. TO PROVIDE SERCICES TO NEW AND E XISTING CITIZENS OF THE CITY OF PASCO FEIN Number: 91-0375775 Federal Tax-Exempt Status: Yes Federal Status Type: 501(c)(6) UBI Number: 601 128 692 Is this Charitable Organization associated with any Corporation or LLC?- Yes Organizational Structure: Jurisdiction: WASHINGTON CONTACT INFORMATION Organization Email: chastings@pascochamber.org Confirm Organization Email: chastings@pascochamber.org Organization Website: www.pascochamber.org Is Foreign Contact: No Country Code: 1 Phone Number: 5095479755 Ext: Mailing Address: Filed Secretary of State State of Washington Date Filed: 06/03/2021 Effective Date: 06/03/2021 Registration No: 1125688 Name PASCO CHAMBER OF COMMERCE This document is a public record. For more information visit www.sos.wa.gov/corps Work Order #: 2021060300346598 - 1 Received Date: 06/03/2021 Amount Received: $40.00Page156of385 1110 OSPREY POINTE BLVD, SUITE 101, PASCO, WA, 99301-5827, USA Street Address: 1110 OSPREY POINTE BLVD, SUITE 101, FRANKLIN COUNTY, PASCO, WA, 99301-5827, USA Do you use any other addresses for Solicitation - No FINANCIAL INFORMATION Accounting year beginning date: 09/01/2019 Accounting year ending date: 08/31/2020 Beginning Gross Assets: 69,970.00 Ending Gross Assets: 41,272.00 Revenue Gross Contributions from Solicitations: 109,246.00 Gross Revenue from All Other sources: 293,479.00 Total Dollar Value of Gross Receipts: 402,725.00 Expenses Gross Expenditures from Program Services: 319,983.00 Total Gross from All Expenditures: 319,983.00 Percent to Program Services: 100% FINANCIAL HISTORY Fiscal Begin Date Fiscal End Date Begin Assets Revenue Program Services Expenses End Assets To Program Services 09/01/2018 08/31/2019 $98,363.00 $372,348.00 $397,304.00 $397,304.00 $69,970.00 100% 09/01/2017 08/31/2018 $12,755.00 $422,137.00 $338,817.00 $338,817.00 $98,363.00 100% 09/01/2016 08/31/2017 $956.00 $331,505.00 $318,750.00 $318,750.00 $12,755.00 100% 09/01/2015 08/31/2016 $1,957.00 $339,204.00 $337,125.00 $337,125.00 $956.00 100% 01/01/2015 08/31/2015 $39,119.00 $215,190.00 $252,353.00 $252,353.00 $1,957.00 100% 01/01/2014 12/31/2014 $36,920.00 $330,362.00 $328,902.00 $328,902.00 $39,119.00 100% 01/01/2013 12/31/2013 $22,701.00 $282,403.00 $283,961.00 $283,961.00 $36,920.00 100% 01/01/2012 12/31/2012 $17,164.00 $301,610.00 $302,072.00 $302,072.00 $26,398.00 100% 01/01/2011 12/31/2011 $62,914.00 $213,363.00 $240,796.00 $240,796.00 $35,480.00 100% 01/01/2010 12/31/2010 $94,184.00 $365,098.00 $351,788.00 $351,788.00 $30,446.00 100% 01/01/2009 12/31/2009 $95,243.00 $223,435.00 $147,167.00 $236,938.00 $21,874.00 62% 01/01/2008 12/31/2008 $86,000.00 $256,145.00 $0.00 $244,353.00 $95,243.00 0% This document is a public record. For more information visit www.sos.wa.gov/corps Work Order #: 2021060300346598 - 1 Received Date: 06/03/2021 Amount Received: $40.00Page157of385 Solicitation Comments: Did the Organization solicit or collect contributions in WA during the accounting year reported?- Yes l Entertainment/Special Events Is the Organization registered to solicit outside of WA?- No Does the Organization pay any of its officers or employees?- Yes PERSONS ACCEPTING RESPONSIBILITY Current Officers or Persons Accepting Responsibility for the Organization FINANCIAL PREPARER Person or Business that Prepares, Reviews or Audits Financial Information: Type: BUSINESS Business Name: BAKER & GILES Representative First Name: MARK Representative Last Name: MORRISETTE Title: PARTNER Address: 10110 CHAPEL HILL BLVD, PASCO, WA, 99301-8521, USA LEGAL INFORMATION Do you have any Legal Actions? - No COMMERCIAL FUNDRAISERS Does the Organization use one or more Commercial Fundraisers to solicit contributions in WA?- No RETURN ADDRESS FOR THIS FILING Attention: COLIN HASTINGS Email: CHASTINGS@PASCOCHAMBER.ORG Address: 1110 OSPREY POINTE BLVD, SUITE 101, PASCO, WA, 99301-5827, USA First Name Last Name Colin Hastings First Name Last Name Title Phone #Address JASON HOGUE PRESIDENT 5095479755 1110 OSPREY POINTE BLVD, SUITE 101, PASCO, WA, 99301- 5827, UNITED STATES JOSEPH ROACH PAST PRESIDENT 5095479755 1110 Osprey Pointe Blvd, STE 101, PASCO, WA, 99301, UNITED STATES This document is a public record. For more information visit www.sos.wa.gov/corps Work Order #: 2021060300346598 - 1 Received Date: 06/03/2021 Amount Received: $40.00Page158of385 UPLOAD ADDITIONAL DOCUMENTS Do you have additional documents to upload? No EMAIL OPT-IN By checking this box, I hereby opt into receiving all notifications from the Secretary of State for this entity via email only. I acknowledge that I will no longer receive paper notifications. SIGNATURE/ ATTESTATION First Name: COLIN Last Name: HASTINGS Date: 06/03/2021 Phone Number: 509-547-9755 This document is a public record. For more information visit www.sos.wa.gov/corps Work Order #: 2021060300346598 - 1 Received Date: 06/03/2021 Amount Received: $40.00Page159of385 Corporations and Charities Division PO Box 40234 Olympia, WA 98504 Tel 360.725.0378 06/03/2021 COLIN HASTINGS 1110 OSPREY POINTE BLVD SUITE 101 PASCO WA 99301-5827 Registration Number: 1125688 Organization Name: GREATER PASCO AREA CHAMBER OF COMMERCE Dear COLIN HASTINGS, Thank you for your recent submission. This letter is to confirm that the following documents have been received and successfully filed: CHARITABLE ORGANIZATION RENEWAL You can view and download your filed document(s) for no charge at our website, www.sos.wa.gov/ccfs If you haven’t already, please sign up for a user account on our website, www.sos.wa.gov/ccfs to file online, conduct searches, and receive status updates. Additional information: Report any changes to your information online at www.sos.wa.gov/ccfs Make sure all solicitations include the required disclosure information as described in the Charitable Solicitations Act, RCW 19.09.100. Submit each commercial fundraiser contract , also available online at www.sos.wa.gov/ccfs before fundraising begins. Determine if the organization is a “trustee” as defined under the Charitable Trust Act, RCW 11.110.020. If so, it may be subject to the Act and required to register as a “charitable trust.” Visit the Combined Fund Drive (CFD) www.cfd.wa.gov to complete the registration process if the organization wishes to take part in the CFD. Please contact our office at charities@sos.wa.gov or (360) 725-0378 if you have any questions. Sincerely, Corporations and Charities Division Office of the Secretary of State www.sos.wa.gov/corps Page 160 of 385 Corporations and Charities Division PO Box 40234 Olympia, WA 98504 Tel 360.725.0378 06/03/2021 GREATER PASCO AREA CHAMBER OF COMMERCE 1110 OSPREY POINTE BLVD SUITE 101 PASCO WA 99301-5827 Registration Number: 1125688 Organization Name: GREATER PASCO AREA CHAMBER OF COMMERCE Dear GREATER PASCO AREA CHAMBER OF COMMERCE, Thank you for your recent submission. This letter is to confirm that the following documents have been received and successfully filed: CHARITABLE ORGANIZATION RENEWAL You can view and download your filed document(s) for no charge at our website, www.sos.wa.gov/ccfs If you haven’t already, please sign up for a user account on our website, www.sos.wa.gov/ccfs to file online, conduct searches, and receive status updates. Additional information: Report any changes to your information online at www.sos.wa.gov/ccfs Make sure all solicitations include the required disclosure information as described in the Charitable Solicitations Act, RCW 19.09.100. Submit each commercial fundraiser contract , also available online at www.sos.wa.gov/ccfs before fundraising begins. Determine if the organization is a “trustee” as defined under the Charitable Trust Act, RCW 11.110.020. If so, it may be subject to the Act and required to register as a “charitable trust.” Visit the Combined Fund Drive (CFD) www.cfd.wa.gov to complete the registration process if the organization wishes to take part in the CFD. Please contact our office at charities@sos.wa.gov or (360) 725-0378 if you have any questions. Sincerely, Corporations and Charities Division Office of the Secretary of State www.sos.wa.gov/corps Page 161 of 385 Page 162 of 385 Page 163 of 385 Page 164 of 385 Page 165 of 385 Page 166 of 385 Page 167 of 385 Page 168 of 385 Page 169 of 385 Page 170 of 385 MINUTES Lodging Tax Advisory Committee 1:30 PM - Friday, September 10, 2021 GoToMeeting CALL TO ORDER The meeting was called to order at 1:30 p.m., by Saul Martinez, Chairperson ROLL CALL Committee Members Present: Mayor Saul Martinez, Monica Hammerberg, Taran Patel, Colin Hastings, Hector Cruz. Staff Present: Angela Pashon, Senior Management Analyst; Michael Gonzalez, Economic Development Manager; Rosa Moreno, Staff Accountant; Adam Lincoln, Deputy City Manager. APPROVAL OF MINUTES MOTION: Colin Hastings moved to approve the minutes of the October 9, 2020 meeting, seconded by Taran Patel. Motion carried unanimously. NEW BUSINESS 2021 Lodging Tax Activities Ms. Pashon stated year-to-date only long-term commitments have been expensed. Staff anticipates Water Follies and Franklin County Historic Society will also receive allocated funds by the end of 2021. 2022 Allocation Applications Ms. Pashon presented applications received for 2022 allocation: 1. Gesa Stadium Improvements Bond Debt - $126,000 2. HAPO Center Facility Operations - $250,000 3. Tri-Cities Visitor & Convention Bureau Tourism Marketing - $149,000 Page 1 of2Page171of385 4. Fund Administration Expense - $3,900 5. Pasco Chamber of Commerce Tourism Marketing - $20,000 6. LBA Tamale Event Marketing & Operations - $25,000 Ms. Pashon discussed outreach efforts for 2022 applications. In addition to advertising on the City's website and social media, the application was also sent to members of the Arts and Culture Commission, Inclusion, Diversity, and Equity Commission, and Lodging Tax Advisory Committee. Mr. Gonzalez stated he reached out to the Downtown Pasco Development Authority (DPDA), Hispanic Chamber of Commerce, Colima-Pasco Friendship Association, Franklin County Historic Society and Museum, Eagle Media Company, and Latin Business Association. 2022 lodging tax revenue is estimated to be $500,000, requests total $573,900. With uncertainty in COVID-19 impacts in 2022, and to ensure all long-term commitments are funded, staff recommended funding Gesa Stadium Improvements Bond Debt with Stadium Fund Reserves as done in 2021. As a first time applicant, LTAC discussed the LBA's application. As done with prior new applicants, LTAC discussed providing a portion of the requested amount for further evaluation of the correlation to tourism/lodging and possible additional funding in the future and, to ensure Washington State required metrics are reported by LBA to meet City of Pasco's obligation. MOTION: Colin Hastings motioned to approve and recommend option 2 for 2022 allocations provided by City staff, funding long-term commitments as provided and, amending the LBA to $8,000. Monica Hammerberg seconded. Motion passed unanimously. ADJOURNMENT There being no further business, the meeting was adjourned at 7:00 pm. PASSED AND APPROVED THIS ___ DAY OF _______, 20__ APPROVED: Page 2 of2Page172of385 September 17, 2021 Saul Martinez, Mayor City of Pasco 525 N. 3rd Avenue Pasco, WA 99301 Dear Mayor Martinez, As Washington State 9th Legislative District legislators, we would like to express our great appreciation to you for your services as Mayor of Pasco, 3rd District City Councilman, former Pasco School Board member and as a member of the Tri Cities community. As a small business owner, leader and volunteer you have shown your dedication and support in many ways to the citizens of Pasco. You have served and represented your community admirably. It has been a pleasure to collaborate with you in representing Pasco over the many years. We commend you as the longest serving councilman and first Latino mayor in Pasco. Thank you for your professional contributions to the City of Pasco’s health and human services, economic development, education and community development and operations and government affairs and more. Lastly, we wish you and your family the best as you move forward in 2022. Now and in the future, we look forward to connecting with you if we can assist you or the City of Pasco! Sincerely, Mark Schoesler Joe Schmick Mary Dye 9th Legislative District 9th Legislative District 9th Legislative District Washington State Legislature Washington State Legislature Washington State Legislature cc: Dave Zabell, City Manager, City of Pasco Page 173 of 385 AGENDA REPORT FOR: City Council September 9, 2021 TO: Dave Zabell, City Manager City Council Regular Meeting: 10/4/21 FROM: Rick White, Director Community & Economic Development SUBJECT: *Q Ordinance - AMI Pasco Development - C-1 to R-3 (Z 2021-011) I. REFERENCE(S): Proposed Ordinance Exhibit A - Map Exhibit B - Hearing Examiner Recommendation Report to Hearing Examiner Dated: September 8, 2021 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No. ____, rezoning two parcels located near the southeast corner of Road 68 and Argent Road in Pasco, Franklin County, Washington from C-1 to R-3, and further, authorize publication by summary only. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: On September 8, 2021, the the Hearing Examiner held a public hearing to consider a request to rezone the North 264.31 feet of the South ½ of the Northwest ¼ of the Northwest ¼ of the Northwest ¼ of Section 22, Township 9 North, Range 29 East, W.M., Pasco, Franklin County, Washington; and the North of the Northwest ¼ of the Northwest ¼ of the Northwest ¼ of Section 22, Township 9 North, Range 29 East, W.M., Pasco, Franklin County, Washington; except the West 220 feet, and except the road Right -of-Way (Parcels #118 552 031 and 118 552 081) from C-1 (Retail Business) to R-3 (Medium Density Residential). Page 174 of 385 Following the conduct of the public hearing, the Hearing Examiner recommended approval of the applicant's request for a rezone from C -1 (Retail Business District) to R-3 (Medium-Density Residential). V. DISCUSSION: The Comprehensive Plan has recently been updated and adopted by City Council; the lot has been designated “Mixed Residential/Commercial” by the Comprehensive Plan Land Use Map. The “Mixed Residential-Commercial” designation allows for R-1 through R-4, C- 1, “O” and Waterfront zoning designations, and allows a combination of mixed - use residential and commercial in the same development, with single -family dwellings, patio homes, townhouses, apartments and condominiums at a density of 5 to 29 dwelling units per acre. The rezone application is consistent with and meets the intent of the newly revised and approved goals and policies of the Comprehensive Plan. Page 175 of 385 Ordinance – Rezone Z 2021-011 - 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 TWO PARCELS LOCATED NEAR THE SOUTHEAST CORNER OF ROAD 68 AND ARGENT ROAD IN PASCO, FRANKLIN COUNTY, WASHINGTON, FROM C-1 TO R-3. WHEREAS, the petitioner seeks to rezone two parcels located near the southeast corner of Road 68 and Argent Road 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 September 8, 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 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 C-1 (Retail Business) to R-3 (Medium Density Residential) for the real property as shown in Exhibit A attached hereto and described as follows: Page 176 of 385 Ordinance – Rezone Z 2021-011 - 2 Lot 1: The North 264.31 feet of the South ½ of the Northwest ¼ of the Northwest of the Northwest ¼ of Section 22, Township 9 North, Range 29 East, W.M., Pasco, Franklin County, Washington (Parcel No. 118 552 031); and Lot 2: The North ½ of the Northwest ¼ of the Northwest ¼ of the Northwest ¼ of Section 22, Township 9 North, Range 29 East, W.M., Pasco, Franklin County, Washington; except the West 220 feet, and except the road Right-of-Way (Parcel No. 118 552 081) 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 177 of 385 ROAD 6865THARGENTCITY LIMITS0 140 CITY OF PASCO HEARING EXAMINER IN THE MATTER OF ) RECOMMENDED FINDINGS OF FACT,RECOMMENDED CONCLUSIONS OF LAW, AND DECISION Z 2021-011 Knutzen Engineering/Nathan Machiela THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on September 8, 2021, the Hearing Examiner having taken evidence hereby submits the following Recommended Findings of Fact, Conclusions of Law, and Decision and Conditions of Approval as follows: I.RECOMMENDED FINDINGS OF FACT 1.PROPERTY/APPLICATION DESCRIPTION: 1.1 Legal: The North 264.31 feet of the South½ of the Northwest¼ of the Northwest¼ of the Northwest¼ of Section 22, Township 9 North, Range 29 East, W.M., Pasco, Franklin County, Washington (Parcel 118 552 031); and Lot 2: The North½ of the Northwest ¼ of the Northwest¼ of the Northwest ¼ of Section 22, Township 9 North, Range 29 East, W.M., Pasco, Franklin County, Washington; except the West 220 feet, and except the road Right-of-Way (Parcel 118 552 081). 1.2 General Location: Generally located near the southeast corner of Road 68 and Arg ent Road in Pasco, WA. 1.3 Property Size: 7.04 acres (306,607.64 square feet). 1.4 Applicant: Knutzen Engineering/Na than Machiela, 5401 Ridge line Dr., Suite 160 Kennewick, WA 993381.5 Request: Rezone AMI Pasco Development -C-1 to R-3. 2.ACCESS: The parcel has access from Road 68 and Argent Road. 3.UTILITIES: Water utilities are available in both Road 68 and Argent Road; Sewer service is in Argent Road. 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-4/C-l/RS-20 Vacant, Office, SFDUs EAST: RS-12, SFDUs SOUTH: RS-20, SFDUs WEST: RS-20; C-1Vacant, Mixed Commercial Z 2021-011 Knutzen Engineering Page 1 of 6 Page 179 of 385 5.COMPREHENSIVE PLAN: The Comprehensive Plan has recently been updated and approved by City Council; the lot has been designated "Mixed Residential/Commercial" by the Comprehensive Plan Land Use Map; the "Mixed Residential-Commercial" designation allows for R-1 through R-4, C-1, "O" and Waterfront zoning designations, and allow a combination of mixed-use residential and commercial in the same development. Single- family dwellings, patio homes, townhouses, apartments and condominiums at a density of 5 to 29 dwelling units per acre. Neighborhood shopping and specialty centers, business parks, service and office uses. This requested rezone is consistent with the Pasco Comprehensive Plan. 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 18 August 2021 for this project under WAC 197-11-158. No appeal was filed. 7.REQUEST: Nathan Machiela/Knutzen Engineering, on behalf of AMI Pasco Development, has submitted an application to rezone Parcels # 118 552 031 and 118 552 081, located near the southeast corner of Road 68 and West Argent Road in Pasco, WA., from C-1 (Retail Business District) to R-3 (Medium-density Residential). Applicant anticipates multi-family development on the site. The Applicant has furnished a draft site plan depicting 59 residential lot-line duplex units on the 7.04-acre site. 8.SITE: The site has frontage access on Road 68 and Argent Road, which are both arterial streets, and contains 7.04 acres (306,607.64 square feet). 8.1 The Comprehensive Plan designates the lot "Mixed Residential-Commercial." 8.2 The "Mixed Residential-Commercial" designation allows for R-3 zoning and may be developed with lot-line duplex units. 8.3 Residential density may range from 5 to 29 dwelling units per acre in the "Mixed Residential-Commercial" designated area. 8.4 The rezone request and its intended use are consistent with both Comprehensive Plan Land Use Map designations. 9.HISTORY: Parcel 118 552 081 located along West Argent Road was annexed into the City Ordinance 3424 and designated RS-12 (Low-Density Residential; Ordinance 3425) in 2000; the parcel was rezoned to C-1 (Ordinance 4360) in 2017. Parcel 118 552 031 was annexed into the City (Ordinance 4354) and designated C-1 (Retail Business; Ordinance 4355) in 2017. The City has recently approved a major update to its Comprehensive Plan. The revised Land Use Element of the approved Plan designated the lot "Mixed Residential-Commercial." 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 Parcel 118 552 081 was rezoned to C-1 in 2017. Parcel 118 552 031 was designated C-1 in 2017 in conjunction with annexation. 10.2 The changed conditions, which are alleged to warrant other or additional zoning: Z 2021-011 Knutzen Engineering Page 2 of 6 Page 180 of 385 10.2.1 Parcels on both the northeast and northwest corners of Road 68 and West Argent have recently been rezoned to R-4 (High-Density Residential). 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 "Mixed Residential-Commercial." 10.2.3 The "Mixed Residential-Commercial" designation allows for R-3 zoning and may be developed with residential lot-line duplex units. 10.2.4 Residential density may range from 5 to 29 dwelling units per acre in the Mixed Residential-Commercial" designated area. 10.3 Facts to justify the change on the basis of advancing the public health, safety and general welfare: 10.3 .1 The rezone application and proposal are consistent with the Pasco Comprehensive Plan, which has been determined to be in the best interest of advancing public health, safety and general welfare of the community. The rezone would allow forresidential density between 5 to 29 dwelling units per acre. 10.4 The effect it will have on the value and character of the adjacent property and the Comprehensive Plan: 10.4.1 A change in zoning classification may ultimately result in the development of single-family dwellings, patio homes, townhouses, apartments, and/or condominiums, all of which are appropriate for this area, in alignment with the Land Use Element of the Comprehensive Plan. 10.4.2 The rezone application is consistent with and meets the intent of the newly revised and approved goals and policies of the Comprehensive Plan. 10.5 The effect on the property owner or owners if the request is not granted: 10.5.1 If the property remains with the current C-1 zoning designation the site would likely continue to remain vacant for a while, as residential demand is currently outpacing retail commercial in the area. 10.6 The Comprehensive Plan land use designation for the property: 10.6.1 The City Council has recently approved an update to the Comprehensive Plan. The Land Use Element of the Plan now designates the lot "Mixed Residential-Commercial." The requested rezone is consistent with this designation. 10.6.2 The "Mixed Residential-Commercial" designation allows for R-3 zoning and may be developed with lot-line duplex units. 10.7 Such other information as the Hearing Examiner requires. 10.7.1 The rezone application is consistent with and meets the intent of the Comprehensive Plan, and City Council Goals on housing. The opportunity for additional higher-density residential uses in this area supports the Land Use Element of the Comprehensive Plan. 11.Public notice of this hearing was sent to property owners within 300 feet of the property and posted in the Tri-City Herald on August 27, 2021. Z 2021-011 Knutzen Engineering Page 3 of 6 Page 181 of 385 16.Applicant wishes to rezone Parcels# 118 552 031 and 118 552 081 from C-1 to R-3. 17.The site is located near the southeast corner of Road 68 and West Argent Road. 18.Applicant anticipates multi-family development on the site. 19.Applicant has furnished a draft site plan depicting 59 residential lot-line duplex units on the site. 20.The site has frontage access on Road 68 and Argent Road. 21.Road 68 and Argent Road are both arterial streets. 22.The Site contains 7.04 acres. 23.The City has recently approved a major update to its Comprehensive Plan. 24.The Comprehensive Plan designates the lot "Mixed Residential-Commercial." 25.The "Mixed Residential-Commercial" designation allows for R-3 zoning; The "Mixed Residential-Commercial" designation may be developed with residential lot-line duplex units. 26.Residential density may range from 5 to 29 dwelling units per acre in the "Mixed Residential- Commercial" designated area. 27.The rezone request and its intended use are consistent with both Comprehensive Plan Land Use Map designations. 28.Parcel 118 552 081 was annexed into the City in 2000. 29.Parcel 118 552 081 was the parcel was rezoned to C-1 in 2017. 30.Parcel 118 552 031 was annexed into the City in 2017. 31. Parcel 118 552 031 was designated C-1 in 2017. 32.An open record public hearing after due legal notice was held September 8, 2021 via Zoom videoconference. 33.The Applicant did not appear at the hearing. The Applicant was given notice of the date, time, and manner of the hearing. 34.No member of the public testified at the hearing. 35.The staff report, application materials, agency comments and the entire file of record were admitted into the record. 36.The proposal is in accordance with the goals and policies of the Comprehensive Plan as follows: 36.1 City Council has recently approved an update to the Comprehensive Plan. The Land Use Element of the Plan now designates the lot "Mixed Residential-Commercial." 36.2 The "Mixed Residential-Commercial" designation allows for R-3 zoning and may be developed with lot-line duplex units. 36.3 Residential density may range from 5 to 29 dwelling units per acre in the "Mixed Residential-Commercial" designated area. 36.4 The requested rezone is consistent with the Pasco Comprehensive Plan. 37.The proposal also aligns with the following Comprehensive Plan Goals and Policies: Z 2021-011 Knutzen Engineering Page 4 of 6 Page 182 of 385 37.1 Land Use Policy LU-4-A: Encourage infill and higher density uses within proximity to major travel corridors and public transportation service areas. 37.2 Land Use Policy LU-4-B: Encourage the development of walkable communities by increasing mixed-use (commercial/residential) developments that provide households with neighborhood and commercial shopping opportunities. 37.3 Housing Goal H-1: Encourage housing for all economic segments of the city's population consistent with the local and regional market. 37.4 Housing Policy H-1-A: Allow for a full range of housing including single family homes, townhouses, condominiums, apartments, manufactured housing, accessory dwelling units, zero-lot-line, planned unit developments, etc. 38.The effect of the proposal on the immediate vicinity will not be materially detrimental because: 38.1 The Comprehensive Plan has recently been updated for the area and the Land Use Element of the Plan now designates the lot "Mixed Residential-Commercial." 38.2 The "Mixed Residential-Commercial" designation allows for R-3 zoning and may be developed with residential lot-line duplex units. 38.3 The application for rezone is consistent with the Comprehensive Plan Land Use Element and meets the intent of the Goals and Policies for the property. The proposal will not be materially detrimental to the immediate vicinity. 39.There is merit and value in the proposal for the community as a whole because: 39.1 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). 39.2 The Comprehensive Plan has recently been updated for the area and now designates the lot "Mixed Residential-Commercial." 39.3 The "Mixed Residential-Commercial" designation allows for R-3 zoning and may be developed with residential lot-line duplex units. 40.Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. 40.1 The rezone application and anticipated project are subject to the regulations and requirements of the Pasco Municipal Code and the City of Pasco Design and Construction Standards. The Design and Construction Standards require a Traffic Study for proposals that generate 25 or more peak hour trips. The City (Lead Agency) issued a Determination of Non-Significance (DNS) on August 18, 2021. 41.A Concomitant Agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement. 41.1 A concomitant agreement would not be required in this circumstance. 42.Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as such by this reference. Z 2021-011 Knutzen Engineering Page 5 of 6 Page 183 of 385 II.RECOMMENDED CONCLUSIONS OF LAW Before recommending approval or denial of a rezone, the Hearing Examiner must develop findings of fact from which to draw its conclusions based upon the criteria listed in PMC 25.210.060. The criteria are as follows: 1.The Hearing Examiner has been granted the authority to render recommendation. 2.This rezone is consistent with the goals and policies of the Pasco Comprehensive Plan. 3.This rezone will satisfy all of the criteria set forth in the Pasco Municipal Code. 4.Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as such by this reference. ID. 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-3 (Medium- Density Residential). Dated this 9th day of September, 2021. Z 2021-011 Knutzen Engineering Page 6 of 6 Page 184 of 385 PUBLIC HEARING City Hall 525 North Third Avenue Council Chambers DATE:WEDNESDAY,9 September 2021 6:00 PM 1 MASTER FILE Z 2021 11 APPLICANT:Knutzen Engineering/Nathan Machiela 5401 Ridgeline Dr,Suite 160 Kennewick,WA 99338 REQUEST:REZONE:AMI Pasco Development C 1 to R 3 BACKGROUND 1. PROPERTY DESCRIPTION: Legal: Lot 1:The North 264.31 feet of the South of the Northwest of the Northwest of the Northwest of Section 22,Township 9 North,Range 29 East,W.M.,Pasco,Franklin County,Washington Parcel 118 552 031);and Lot 2:The North of the Northwest of the Northwest of the Northwest of Section 22,Township 9 North,Range 29 East,W.M.,Pasco,Franklin County,Washington;except the West 220 feet,and except the road Right of Way Parcel 118 552 081). General Location:Generally located near the southeast corner of Road 68 and Argent Road in Pasco,WA. Property Size:7.04 acres 306,607.64 square feet). 2. ACCESS:The parcel has access from Road 68 and Argent Road. 3. UTILITIES:Water utilities are available in both Road 68 and Argent Road;Sewer service is in Argent Road. 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 4/C 1/RS 20 Vacant;Office,SFDUs EAST:RS 12 SFDUs SOUTH:RS 20 SFDUs WEST:RS 20;C 1 Vacant;Mixed Commercial 5. Comprehensive Plan:The Comprehensive Plan has recently been updated and approved by City Council;the lot has been designated Mixed Residential/Commercial”by the Comprehensive Plan Land Use Map;the Mixed Residential Commercial”designation allows for R 1 through R 4,C 1,O”and Waterfront zoning designations,and allow a combination of mixed use residential and commercial in the same development.Single family dwellings,patio homes,townhouses,apartments and condominiums at a density Page 185 of 385 2 of 5 to 29 dwelling units per acre.Neighborhood shopping and specialty centers,business parks,service and office uses. 6. Comprehensive Plan:The Comprehensive Plan has recently been updated and approved by City Council;the lot has been designated Mixed Residential/Commercial”by the Comprehensive Plan Land Use Map;the Mixed Residential Commercial”designation allows for R 1 through R 4,C 1,O”and Waterfront zoning designations,and allows a combination of mixed use residential and commercial in the same development,which includes single family dwellings,patio homes,townhouses,apartments and condominiums at a density of 5 to 29 dwelling units per acre;also allowed are neighborhood shopping and specialty centers,business parks,service and office uses. 7. 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 18 August 2021 for this project under WAC 197 11 158. ANALYSIS Request Nathan Machiela/Knutzen Engineering,on behalf of AMI Pasco Development,has submitted an application to rezone Parcels 118 552 031 and 118 552 081,located near the southeast corner of Road 68 and West Argent Road in Pasco,WA.,from C 1 Retail Business District)to R 3 Medium density Residential)..Applicant anticipates multi family development on the site; Applicant has furnished a draft site plan depicting 59 residential lot line duplex units on the 7.04 acre site. Site The site has frontage access on Road 68 and Argent Road,which are both arterial streets,and contains 7.04 acres 306,607.64 square feet). The Comprehensive Plan designates the lot Mixed Residential Commercial.” The Mixed Residential Commercial”designation allows for R 3 zoning and may be developed with residential lot line duplex units. Residential density may range from 5 to 29 dwelling units per acre in the Mixed Residential Commercial”designated area. The rezone request and its intended use are consistent with both Comprehensive Plan Land Use Map designations. Page 186 of 385 3 History Parcel 118 552 081 located along West Argent Road was annexed into the City Ordinance 3424 and designated RS 12 Low Density Residential;Ordinance 3425)in 2000;the parcel was rezoned to C 1 Ordinance 4360)in 2017. Parcel 118 552 031 was annexed into the City Ordinance 4354)and designated C 1 Retail Business;Ordinance 4355)in 2017. The City has recently approved a major update to its Comprehensive Plan.The revised Land Use Element of the approved Plan designated the lot Mixed Residential Commercial.” 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 Parcel 118 552 081 was rezoned to C 1 in 2017;Parcel 118 552 031 was designated C 1 in 2017 in conjunction with annexation. 2. The changed conditions,which are alleged to warrant other or additional zoning: Parcels on both the northeast and northwest corners of Road 68 and West Argent have recently been rezoned to R 4 High Density Residential). City Council has recently approved an update to the Comprehensive Plan;The Land Use Element of the Plan now designates the lot Mixed Residential Commercial.” The Mixed Residential Commercial”designation allows for R 3 zoning and may be developed with residential lot line duplex units. Residential density may range from 5 to 29 dwelling units per acre in the Mixed Residential Commercial”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 5 to 29 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. Page 187 of 385 4 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 residential demand is currently outpacing retail commercial in the area. 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 Mixed Residential Commercial.” The Mixed Residential Commercial”designation allows for R 3 zoning and may be developed with residential lot line duplex units. 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 27 August 2021. 2. Applicant wishes to rezone Parcels 118 552 031 and 118 552 081 from C 1 to R 3 3. The site is located near the southeast corner of Road 68 and West Argent Road 4. Applicant anticipates multi family development on the site 5. Applicant has furnished a draft site plan depicting 59 residential lot line duplex units on the site. 6. The site has frontage access on Road 68 and Argent Road 7. Road 68 and Argent Road are both arterial streets 8. The Site contains 7.04 acres 9. The City has recently approved a major update to its Comprehensive Plan. 10. The Comprehensive Plan designates the lot Mixed Residential Commercial.” Page 188 of 385 5 11. The Mixed Residential Commercial”designation allows for R 3 zoning;The Mixed Residential Commercial”designation may be developed with residential lot line duplex units. 12. Residential density may range from 5 to 29 dwelling units per acre in the Mixed Residential Commercial”designated area. 13. The rezone request and its intended use are consistent with both Comprehensive Plan Land Use Map designations. 14. Parcel 118 552 081 was annexed into the City in 2000 15. Parcel 118 552 081 was the parcel was rezoned to C 1 in 2017 16. Parcel 118 552 031 was annexed into the City in 2017 17. Parcel 118 552 031 was designated C 1 in 2017 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 Mixed Residential Commercial.” The Mixed Residential Commercial”designation allows for R 3 zoning and may be developed with residential lot line duplex units. Residential density may range from 5 to 29 dwelling units per acre in the Mixed Residential Commercial”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. Page 189 of 385 6 The Comprehensive Plan has recently been updated for the area and the Land Use Element of the Plan now designates the lot Mixed Residential Commercial.” The Mixed Residential Commercial”designation allows for R 3 zoning and may be developed with residential lot line duplex units. The application for rezone is consistent with the Comprehensive Plan Land Use Element and meets the intent of the Goals and Policies for the property.The proposal will not be materially detrimental to the immediate vicinity. 3.There is merit and value in the proposal for the community as a whole. 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 Mixed Residential Commercial.” The Mixed Residential Commercial”designation allows for R 3 zoning and may be developed with residential lot line duplex units. 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 18 August 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 the North 264.31 feet of the South of the Northwest of the Northwest of the Northwest of Section 22,Township 9 North,Range 29 East,W.M.,Pasco,Franklin County,Washington Parcel 118 552 031);and the North of the Northwest of the Northwest of the Northwest of Section 22,Township 9 North,Range 29 East,W.M.,Pasco,Franklin County,Washington;except the West 220 feet,and except the road Right of Way Parcel 118 552 081),generally located near the southeast corner of Road 68 and Argent Road in Pasco,WA.,be rezoned from C 1 Retail Business District)to R 3 Medium Density Residential). Page 190 of 385 WOODBINE AINTREE ROAD72ROAD68TURFPARADI S ECHURCHILLDOWNS ROAD 67LADBROKEROAD 64SARATOGAROAD60DELMARROAD76ROAD61THISTLEDOWNCHAP E L H I L L CANTERBURYROAD62ROAD 57DRADIE MELVILLE ARGENT 65THSTUTZ D RADIE P I M L I C O ALDERMAN MAXIM CHRISTINA DRADIEROAD70AQUEDUCTHAWTHORNEKEENELANDCALDEREMERALDDOWNSKILLDEERROAD70MELVILLE FRANKLIN RICHARDSON RICHARDSONWERNETTBELMO N T VALLEY VIEW I-182 I-182 Benton County WA, Pasco GIS, Maxar 0 570 1,100 1,700 2,300290Feet 0 570 1, 100 1,700 2,300290 Feet Overview Map Item: Rezone C-1 to R- 3 Applicant: Nathan Machiela/ D& ROAD 6865THARGENT CITY LIMITSBenton County WA, Pasco GIS, Maxar, Microsoft 0 140280 420 56070 Feet 0 140280 420 56070 Feet Vicinity Map Item: Rezone C-1 to R-3 Applicant: Nathan Machiela/D&D Enterprises LLC File #: Z Commercial CommercialResidentialOtherResidential- OtherResidential- OtherResidentialOtherOfficeRetailServiceSFDUSFDU SFDUSFDU SFDU SFDUSFDUSFDU VacantVacantVacantVacantROAD 6865THARGENT CITY LIMITS0 140280 420 56070 Feet Land Use Map Item: Rezone C-1 to R-3 Applicant: Nathan Machiela/D&D Enterprises LLC File #: Z C-1 R-4 R-4 RS-12 RS-12 RS-20 C-1 C-1 RS-20 County) RS-20 County) ROAD 6865THARGENT CITY LIMITS0 140280 420 56070 Feet Zoning Map Item: Rezone C-1 to R-3 Applicant: Nathan Machiela/D&D Enterprises LLC File #: Z Medium Density Residential Mixed Residential Commercial Medium Density Residential Low Density Residential Low DensityResidentialROAD6865THARGENT CITY LIMITS 0 140 280 42056070 Feet Comp Plan Map Item: Rezone C-1 to R-3 Applicant: Nathan Machiela/D&D Enterprises LLC File #: Z 2021-011 5401RIDGELINE PRELMINARY LAYOUTSK035401 RIDGELINE DR.SUITE160KENNEWICK, WA Looking North Looking North at W Argent Looking Northeast Looking Northeast at W Argent Looking East Looking East at W Argent Looking Southeast Looking Southeast at W Argent Looking South Looking South at W Argent Looking Southwest Looking Southwest at W Argent Looking West Looking West at W Argent Looking Northwest Looking Northwest at W Argent Looking North Looking North at Road 68 Looking Northeast Looking Northeast at Road 68 Looking East Looking East at Road 68 Looking Southeast Looking Southeast at Road 68 Looking South Looking South at Road 68 Looking Southwest Looking Southwest at Road 68 Looking West Looking West at Road 68 Looking Northwest Looking Northwest at Road 68 Page 214 of 385 Page 215 of 385 r!' I CityoJ 11• Pasco Master File# ------ Applicant Info Name: 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 D t S b ·tt d 07/09/21aeum1e : _____ _ Owner Info if different than app licant) Name: Nathan Machiela (Knutzen Engineering) D & D Enterprises LLC Address: Address: 5401 Ridgeline Dr, Suite 160 6200 Brinkley Rd, Kennewick, WA 99338 Kennewick, WA 99338 Phone: Phone: 509-222-0959 509-783-6700 Email: Email: nathan@knutzenengineering.com amiestimating@adenmasonry.com Project Address: 6704 W Argent Rd, Pasco, WA 99301 Project Parcel Number : 118552081 & 118552031 Current Zoning: C-1 Retail Business Requested Zoning: R-3 Mediu m Density Residential Describe the nature and effect of the proposed change: Changing the parcels' zonings would enable the owner to develop the properties into a residential subdivision compliant with R-3 zoning standards. COP defines the R-3 district as, "generally containing multiple-unit residential structures of a scale compatible with the structures in low density districts and with useful yard spaces." The change would provide additional housing options to COP residents. Estimated time frame of development: Upon approval of a zone change, engineering and permit acquisition is expected to take approximately 3 months, after which construction could commence. Updated July 2019 Page 216 of 385 Page 217 of 385 Page 218 of 385 Community Development Department PO Box 293, 525 N 3 rd Ave, Pasco, WA 99301 P: 509.545.3441 / F: 509.545.3499 DETERMINATION OF NON-SIGNIFICANCE Optional DNS Process) Issuance Date: 18 August 2021 Project Name: AMI Pasco Development; C-1 to R-3 Site Development Rezone Project Number: SEPA 2021-055/ Z 2021-011 Proponent: Applicant: D & D Enterprises LLC/AMI Pasco Development 6200 Brinkley Rd Kennewick, WA 99338 Nathan Machiela -Knutzen Engineering 5401 Ridgeline Dr Suite 160 Kennewick, WA 99338 Description of Proposal: Approval of a rezone applications (MF# Z 2021-011) from C-1 Retail Business) to R-3 (Medium Density Residential) for Parcels 118552081 and 118552031. Location of Proposal: General Location: Located at the southeast corner of the intersection of Road 68 and W Argent Rd in Pasco, WA Legal: Lot 1: The North ½ of the Northwest¼ of the Northwest ¼ of the Northwest ¼ Except the West 220' of Section 22, Township 9 north, Range 29 East, W. M., and Except road rights- of-Way (Parcel 118552081). Lot 2: The North 264.31' of the south ½ of the Northwest¼ of the Northwest¼ of the Northwest¼ of Section 22, Township 9 north, Range 29 East, W. M. (Parcel 118552031). 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. 2.A traffic Impact Analysis and subsequent participation in traffic mitigation fees and/or upgrades. Page 219 of 385 Lead Agency: City of PascoTheCityofPasco, acting as lead agency for this proposal, has determined that it does nothaveaprobablesignificantadverseimpactontheenvironment. An environmental impactstatement (EIS) is not required under RCW 43.21C.030(2)(c). This decision was made afterreviewofacompletedenvironmentalchecklistandotherinformationonfilewiththeleadagency. This information is available to the public on request. This DNS is issued afterusingtheoptionalDNSprocessinWAC197-11-355. There is no further comment periodontheDNS. Appeals must be filed witrnlays 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 appealtotheaddressbelownolaterthan10daysfromissuance. The appeal must be in writtenform, contain a concise statement of the matter being appealed and the basic rationalefortheappeal. A fee is required per the City's Fee Resolution. Please note that failure tofileatimelyandcompleteappealshallconstituteawaiverofallrightstoanadministrativeappealunderCitycode. All comments or appeals are to be directed to the City of PascoPlanningDepartment, PO Box 293, Pasco, WA, 99301, Attn: Rick White. Page 220 of 385 Community Development Department PO Box 293,525 N 3rd Ave,Pasco,WA 99301 P:509.545.3441 F:509.545.3499 NOTICE OF PUBLIC HEARING Si necesita ayuda para entender este aviso o necesita más información,por favor llame al Departamento de Desarrollo Comunitario y Económico de la Ciudad de Pasco a 509 545 3441. Proposal:Nathan Machiela Knutzen Engineering),acting on behalf of AMI Pasco Development,has submitted a rezone application Z 2021 011)from C 1 Retail Business)to R 3 Medium Density Residential)for two parcels located at the southeast corner of the intersection of Road 68 and W Argent Rd in Pasco,WA as follows: Lot 1:The North of the Northwest of the Northwest of the Northwest Except the West 220’of Section 22, Township 9 north,Range 29 East,W.M.,and Except road rights of Way Parcel 118552081). Lot 2:The North 264.31'of the south half of the Northwest of the Northwest of the Northwest of Section 22, Township 9 north,Range 29 East,W.M.Parcel 118552031). The proposal is subject to regulations contained in the Pasco Municipal Code. Public Comment Period:Written comments must be submitted to the Community Development Department by 5:00 p.m.on 8 September 2021.Only comments received by the referenced date will be included in the public record.If you have questions on the proposal,contact the Planning Division at 509)545 3441 or via e mail to: planning@pasco wa.gov. Open Record Hearing:The Hearing Examiner will conduct the open record hearing at 6:00 p.m.on 8 September 2021 in the Council Chambers in Pasco City Hall at 525 N 3rd Avenue in Pasco,Washington.The Hearing Examiner will consider public testimony concerning the above Rezone application Z 2021 011)from C 1 to R 3 zoning at this meeting. If you wish to participate in the hearing virtually,please register at least 2 hours prior to the meeting at the following registration link: www.pasco wa.gov/publiccomment After registering,you will receive a confirmation email containing information about joining the webinar. Estimated Date of the Decision:It is estimated that the Hearing Examiner will make a decision on the Special Permit within ten 10)business days of the close of the public hearing. Prepared 18 August 2021 by:Jeffrey B.Adams,Associate Planner,PO Box 293 Pasco,WA 99301 509)545 3441 Page 221 of 385 WOODBINE AINTREE ROAD72ROAD68TURFPARADI S ECHURCHILLDOWNS ROAD 67LADBROKEROAD 64SARATOGAROAD60DELMARROAD76ROAD61THISTLEDOWNCHAP E L H I L L CANTERBURYROAD62ROAD 57DRADIE MELVILLE ARGENT 65THSTUTZ D RADIE P I M L I C O ALDERMAN MAXIM CHRISTINA DRADIEROAD70AQUEDUCTHAWTHORNEKEENELANDCALDEREMERALDDOWNSKILLDEERROAD70MELVILLE FRANKLIN RICHARDSON RICHARDSONWERNETTBELMO N T VALLEY VIEW I-182 I-182 Benton County WA, Pasco GIS, Maxar 0 570 1,100 1,700 2,300290Feet 0 570 1, 100 1,700 2,300290 Feet Overview Map Item: Rezone C-1 to R- 3 Applicant: Nathan Machiela/ D& AGENDA REPORT FOR: City Council September 14, 2021 TO: Dave Zabell, City Manager City Council Regular Meeting: 10/4/21 FROM: Rick White, Director Community & Economic Development SUBJECT: *Q Ordinance - Three River Group- C-1 to R-4 (Z 2021-012) I. REFERENCE(S): Ordinance Exhibit A - Map Exhibit B - Hearing Examiner Recommendation Report to Hearing Examiner Dated: September 8, 2021 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No. ____, rezoning a parcel located along the east side of Road 92, approximately 250 feet north of Sandifur Parkway in Franklin County, Washington, from C-1 to R-4, and further, authorize publication by summary only. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: On September 8, 2021, the the Hearing Examiner held a public hearing to consider a request to rezone Lot 23, Cole’s Estates, located in Section 8, Township 9 North, Range 29 East, W.M. records of Franklin County, Washington Parcel No.115392077) from C-1 (Retail Business District) to R-4 (High-Density Residential). Following the conduct of the public hearing, the Hearing Examiner recommended approval of the applicant's request for a rezone from C -1 (Retail Business District) to R-4 (High-Density Residential). Page 223 of 385 V. DISCUSSION: City Council has recently approved an update to the Comprehensive Plan; The Land Use Element of the Plan now designates the lot “Mixed Residential - Commercial.” The “Mixed Residential-Commercial” designation allows for R-4 zoning and may be developed with townhouse units with residential density ranging from 5 to 29 dwelling units per acre. The rezone application is consistent with and meets the intent of the newly revised and approved goals and policies of the Comprehensive Plan. Page 224 of 385 Ordinance – Rezone Z 2021-012 - 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 PARCEL LOCATED ALONG THE EAST SIDE OF ROAD 92, APPROXIMATELY 250 FEET NORTH OF SANDIFUR PARKWAY IN FRANKLIN COUNTY, WASHINGTON, FROM C-1 TO R-4. WHEREAS, the petitioner seeks to rezone a parcel located along the east side of Road 92, approximately 250 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 September 8, 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 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 C-1 (Retail Business District) to R-4 (High-Density Residential) for the real property as shown in Exhibit A attached hereto and described as follows: Page 225 of 385 Ordinance – Rezone Z 2021-012 - 2 Lot 23, Cole’s Estates, located in Section 8, Township 9 North, Range 29 East, W.M. records of Franklin County, Washington (Parcel No. 115392077). 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 226 of 385 OUTLET DRROAD 90SANDIFUR PKWYSOPHIE CITY OF PASCO HEARING EXAMINER IN THE MATTER OF ) RECOMMENDED FINDINGS OF FACT,RECOMMENDED CONCLUSIONS OF LAW, AND DECISION Z 2021-012 Three River Group THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on September 8, 2021, the Hearing Examiner having taken evidence hereby submits the following Recommended Findings of Fact, Conclusions of Law, and Decision and Conditions of Approval as follows: I.RECOMMENDED FINDINGS OF FACT 1.PROPERTY/APPLICATION DESCRIPTION: 1.1 1.2 1.3 1.4 Legal: Lot 23, Cole's Estates, located in Section 8, Township 9 North, Range 29 East, W.M. records of Franklin County, Washington (Parcel 115392077). General Location: Generally located along the east side of Road 92, approximately 250 feet north of Sandi fur Parkway, in Pasco, WA. Property Size: 1.90 acres (83,191.59 square feet). Applicant: Jason Wright/Three River Group, 1117 Country Ridge Dr., Richland WA 99352. 1.5 Request: Rezone Three River Group-C-1 to R-4 (or R-3; R-2). 2.ACCESS: The parcel has access from Road 92. 3.UTILITIES: Water and Sewer service are in Road 92. 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-4, Vacant EAST: C-1, Commercial; Vacant SOUTH: C-1, Vacant WEST: C-1,Vacant; Mini-Storage 5.COMPREHENSIVE PLAN: The Comprehensive Plan has recently been updated and approved by City Council; the lot has been designated "Mixed Residential/Commercial" by the Comprehensive Plan Land Use Map; the "Mixed Residential-Commercial" designation allows for R-1 through R-4, C-1, "O" and Waterfront zoning designations, and Allow a combination of mixed-use residential and commercial in the same development. Single- family dwellings, patio homes, townhouses, apa1tments, and condominiums at a density of 5 Z 2021-012 Three Rivers Group Page 1 of 6 Page 228 of 385 to 29 dwelling units per acre. 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 ofNon-Significance (DNS) was issued on 18 August 2021 for this project under WAC 197-11-158. 7.REQUEST: Jason Wright, on behalf of Three River Group, has submitted an application to rezone Parcel 115392077, located along the east side of Road 92, approximately 250 feet north of Sandifur Parkway in Pasco, WA., from C-1 (Retail Business District) to R-4 (High- Density Residential). Applicant has also offered the provision ofrezoning the parcel to R-3 or R-2 (both Medium-Density Residential). Applicant anticipates constructing approximately 15 townhouse units on the site. 8.SITE: The site has frontage access on Road 92 and contains 1.90 acres (83,191.59 square feet). 8.1 The Comprehensive Plan designates the lot "Mixed Residential-Commercial." 8.2 The "Mixed Residential-Commercial" designation allows for R-4 zoning and may be developed with townhouse units. 8.3 Residential density may range from 5 to 29 dwelling units per acre in the "Mixed Residential-Commercial" designated area. 8.4 The rezone request and its intended use are consistent with both Comprehensive Plan Land Use Map designations. 9.HISTORY: The site was annexed into the City in 1982 (Ordinance 2388) and assigned RT Residential Transition) zoning. The RT zoning functions as a "holding zone," Pending future development and more precise assignment. In 2007 the site was rezoned from RT to C-1 Retail Commercial; Ordinance 3833). The parcel adjacent to the east was developed in 2017 with a retail office building. The City has recently approved a major update to its Comprehensive Plan. The revised Land Use Element of the approved Plan designated the lot Mixed Residential-Commercial." 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 site was rezoned to C-1 in 2017. 10.2 The changed conditions, which are alleged to warrant other or additional zoning: 10.2.1 The Parcel to the north has recently been rezoned to R-4 (High-Density Residential). 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 "Mixed Residential-Commercial." 10.2.3 The "Mixed Residential-Commercial" designation allows for R-4 zoning and may be developed with townhouse units. Z 2021-012 Three Rivers Group Page 2 of 6 Page 229 of 385 10.2.4 Residential density may range from 5 to 29 dwelling units per acre in the Mixed Residential-Commercial" designated area. 10.3 Facts to justify the change on the basis of advancing the public health, safety and general welfare: 10 .3 .1 The rezone application and proposal are consistent with the Pasco Comprehensive Plan, which has been determined to be in the best interest of advancing public health, safety and general welfare of the community. The rezone would allow forresidential density between 5 to 29 dwelling units per acre. 10.4 The effect it will have on the value and character of the adjacent property and the Comprehensive Plan: 10.4.1 A change in zoning classification may ultimately result in the development of single-family dwellings, patio homes, townhouses, apartments, and/or condominiums, all of which are appropriate for this area, in alignment with the Land Use Element 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 effect on the property owner 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 for a while, as residential demand is currently outpacing retail commercial in the area. 10.6 The Comprehensive Plan land use designation for the property: 10.6.1 The City Council has recently approved an update to the Comprehensive Plan; The Land Use Element of the Plan now designates the lot "Mixed Residential-Commercial." 10.6.2 The "Mixed Residential-Commercial" designation allows for R-4 zoning and may be developed with townhouse units. 10. 7 Such other information as the Hearing Examiner requires 10.7.1 The rezone application is consistent with and meets the intent of the Comprehensive Plan, and City Council Goals on housing. The opportunity for additional higher-density residential uses in this area supports the Land Use Element of the Comprehensive Plan. 11.Public notice of this hearing was sent to property owners within 300 feet of the property and posted in the Tri-City Herald on August 27, 2021. 12.Applicant wishes to rezone Parcel 115392077 from C-1 to R-4. 13.Applicant has also offered the provision ofrezoning the parcel to R-3 or R-2 zoning. 14.Applicant anticipates constructing approximately 15 townhouse units on the site. 15.The site is located along the east side of Road 92, approximately 250 feet north of Sandifur Parkway. 16.Applicant anticipates multi-familydevelopment on the site. Z 2021-012 Three Rivers Group Page 3 of 6 Page 230 of 385 17.The site has frontage access on Road 92. 18.The Site contains 1.90 acres. 19.The City has recently approved a major update to its Comprehensive Plan. 20.The Comprehensive Plan designates the lot "Mixed Residential-Commercial." 21.The "Mixed Residential-Commercial" designation allows for R-4 zoning; The "Mixed Residential-Commercial" designation may be developed with townhouse units. 22.Residential density may range from 5 to 29 dwelling units per acre in the "Mixed Residential- Commercial" designated area. 23.The rezone request and its intended use are consistent with both Comprehensive Plan Land Use Map designations. 24.The site was annexed into the City in 1982. 25.The site was assigned RT zoning upon annexation. 26.The site was rezoned from RT to C-1 in 2007. 27.The parcel adjacent to the east was developed in 2017 with a retail officebuilding. 28.An open record public hearing after due legal notice was held September 8, 2021 via Zoom videoconference. 29.The Applicant did not appear at the hearing. The Applicant was given notice of the date, time, and manner of the hearing. 30.No member of the public testified at the hearing. 31.The staff report, application materials, agency comments and the entire file of record were admitted into the record. 32.The proposal is in accordance with the goals and policies of the Comprehensive Plan as follows: 32.1 City Council has recently approved an update to the Comprehensive Plan; The Land Use Element of the Plan now designates the lot "Mixed Residential-Commercial." 33.2 The "Mixed Residential-Commercial" designation allows for R-4 zoning and may be developed with townhouse units. 34.3 Residential density may range from 5 to 29 dwelling units per acre in the "Mixed Residential-Commercial" designated area. 33.The proposal also aligns with the following Comprehensive Plan Goals and Policies: 33.1 Land Use Policy LU-4-A: Encourage infill and higher density uses within proximity to major travel corridors and public transportation service areas. 33.2 Land Use Policy LU-4-B: Encourage the development of walkable communities by increasing mixed-use ( commercial/residential) developments that provide households with neighborhood and commercial shopping opportunities. 33.3 Housing Goal H-1: Encourage housing for all economic segments of the city's population consistent with the local and regional market. Z 2021-012 Three Rivers Group Page 4 of 6 Page 231 of 385 33.4 Housing Policy H-1-A: Allow for a full range of housing including single family homes, townhouses, condominiums, apartments, manufactured housing, acces sory dwelling units, zero-lot-line, planned unit developments, etc. 34.The effect of the proposal on the immediate vicinity will not be materially detrimental because: 34.1 The Comprehensive Plan has recently been updated for the area and the Land Use Element of the Plan now designates the lot "Mixed Residential-Commercial." 34.2 The "Mixed Residential-Commercial" designation allows for R-4 zoning and may be developed with townhouse units. 34.3 The application for rezone is consistent with the Comprehensive Plan Land Use Element and meets the intent of the Goals and Policies for the property. The proposal will not be materially detrimental to the immediate vicinity. 35.There is merit and value in the proposal for the community as a whole because: 35.1 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) 35.2 The Comprehensive Plan has recently been updated for the area and now designates the lot "Mixed Residential-Commercial." 35.3 The "Mixed Residential-Commercial" designation allows for R-4 zoning and may be developed with townhouse units. 36.Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. 36.1 The rezone application and anticipated project are subject to the regulations and requirements of the Pasco Municipal Code and the City of Pasco Design and Construction Standards. The Design and Construction Standards require a Traffic Study for proposals that generate 25 or more peak hour trips. The City (Lead Agency) issued a Determination of Non-Significance (DNS) on 18 August 2021. 37. A Concomitant Agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement. 37.1 A concomitant agreement would not be required in this circumstanc 38.Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as such by this reference. II.RECOMMENDED CONCLUSIONS OF LAW Before recommending approval or denial of a rezone, the Hearing Examiner must develop findings of fact from which to draw its conclusions based upon the criteria listed in PMC 25.210.060. The criteria are as follows: 1.The Hearing Examiner has been granted the authority to render recommendation. 2.This rezone is consistent with the goals and policies of the Pasco Comprehensive Plan. 3.This rezone will satisfy all of the criteria set forth in the Pasco Municipal Code. Z 2021-012 Three Rivers Group Page 5 of 6 Page 232 of 385 4.Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as such by this reference. III. 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 9th day of September, 2021. Z 2021-012 Three Rivers Group Page 6 of 6 Page 233 of 385 PUBLIC HEARING City Hall 525 North Third Avenue Council Chambers DATE:WEDNESDAY,9 September 2021 6:00 PM 1 MASTER FILE Z 2021 12 APPLICANT:Jason Wright/Three River Group 1117 Country Ridge Dr. Richland WA 99352 REQUEST:REZONE:Three River Group C 1 to R 4 or R 3;R 2) BACKGROUND 1. PROPERTY DESCRIPTION: Legal:Lot 23,Cole’s Estates,located in Section 8,Township 9 North,Range 29 East,W.M. records of Franklin County,Washington Parcel 115392077). General Location:Generally located along the east side of Road 92,approximately 250 feet north of Sandifur Parkway,in Pasco,WA. Property Size:1.90 acres 83,191.59 square feet). 2. ACCESS:The parcel has access from Road 92. 3. UTILITIES:Water and Sewer service are in Road 92. 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 4 Vacant EAST:C 1 Commercial;Vacant SOUTH:C 1 Vacant WEST:C 1 Vacant;Mini Storage 5. Comprehensive Plan:The Comprehensive Plan has recently been updated and approved by City Council;the lot has been designated Mixed Residential/Commercial”by the Comprehensive Plan Land Use Map;the Mixed Residential Commercial”designation allows for R 1 through R 4,C 1,O”and Waterfront zoning designations,and Allow a combination of mixed use residential and commercial in the same development.Single family dwellings,patio homes,townhouses,apartments,and condominiums at a density of 5 to 29 dwelling units per acre.Neighborhood shopping and specialty centers,business parks,service and office uses. 6. Comprehensive Plan:The Comprehensive Plan has recently been updated and approved by City Council;the lot has been designated Mixed Residential/Commercial”by the Comprehensive Plan Land Use Map;the Mixed Residential Commercial”designation allows for R 1 through R 4,C 1,O”and Waterfront zoning designations,and allows a combination of mixed use residential and commercial in the same development,which Page 234 of 385 2 includes single family dwellings,patio homes,townhouses,apartments and condominiums at a density of 5 to 29 dwelling units per acre;also allowed are neighborhood shopping and specialty centers,business parks,service and office uses. 7. 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 18 August 2021 for this project under WAC 197 11 158. ANALYSIS Request Jason Wright,on behalf of Three River Group,has submitted an application to rezone Parcel 115392077,located along the east side of Road 92,approximately 250 feet north of Sandifur Parkway in Pasco,WA.,from C 1 Retail Business District)to R 4 High Density Residential). Applicant has also offered the provision of rezoning the parcel to R 3 or R 2 both Medium Density Residential).Applicant anticipates constructing approximately 15 townhouse units on the site. Site The site has frontage access on Road 92 and contains 1.90 acres 83,191.59 square feet). The Comprehensive Plan designates the lot Mixed Residential Commercial.” The Mixed Residential Commercial”designation allows for R 4 zoning and may be developed with townhouse units. Residential density may range from 5 to 29 dwelling units per acre in the Mixed Residential Commercial”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 RT Residential Transition)zoning.The RT zoning functions as a holding zone,”Pending future development and more precise assignment.In 2007 the site was rezoned from RT to C 1 Retail Commercial; Ordinance 3833). The parcel adjacent to the east was developed in 2017 with a retail office building.The City has recently approved a major update to its Comprehensive Plan.The revised Land Use Element of the approved Plan designated the lot Mixed Residential Commercial.” Page 235 of 385 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 site was rezoned to C 1 in 2017. 2. The changed conditions,which are alleged to warrant other or additional zoning: The Parcel to the north has recently been rezoned to R 4 High Density Residential). City Council has recently approved an update to the Comprehensive Plan;The Land Use Element of the Plan now designates the lot Mixed Residential Commercial.” The Mixed Residential Commercial”designation allows for R 4 zoning and may be developed with townhouse units. Residential density may range from 5 to 29 dwelling units per acre in the Mixed Residential Commercial”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 5 to 29 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 residential demand is currently outpacing retail commercial in the area. 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 Mixed Residential Commercial.” The Mixed Residential Commercial”designation allows for R 4 zoning and may be developed with townhouse units. Page 236 of 385 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 27 August 2021. 2. Applicant wishes to rezone Parcel 115392077 from C 1 to R 4 3. Applicant has also offered the provision of rezoning the parcel to R 3 or R 2 zoning. 4. Applicant anticipates constructing approximately 15 townhouse units on the site. 5. The site is located along the east side of Road 92,approximately 250 feet north of Sandifur Parkway 6. Applicant anticipates multi family development on the site 7. The site has frontage access on Road 92 8. The Site contains 1.90 acres 9. The City has recently approved a major update to its Comprehensive Plan. 10. The Comprehensive Plan designates the lot Mixed Residential Commercial.” 11. The Mixed Residential Commercial”designation allows for R 4 zoning;The Mixed Residential Commercial”designation may be developed with townhouse units. 12. Residential density may range from 5 to 29 dwelling units per acre in the Mixed Residential Commercial”designated area. 13. The rezone request and its intended use are consistent with both Comprehensive Plan Land Use Map designations. 14. The site was annexed into the City in 1982. 15. The site was assigned RT zoning upon annexation. 16. The site was rezoned from RT to C 1 in 2007. 17. The parcel adjacent to the east was developed in 2017 with a retail office building. Page 237 of 385 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 Mixed Residential Commercial.” The Mixed Residential Commercial”designation allows for R 4 zoning and may be developed with townhouse units. Residential density may range from 5 to 29 dwelling units per acre in the Mixed Residential Commercial”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 Mixed Residential Commercial.” The Mixed Residential Commercial”designation allows for R 4 zoning and may be developed with townhouse units. The application for rezone is consistent with the Comprehensive Plan Land Use Element and meets the intent of the Goals and Policies for the property.The proposal will not be materially detrimental to the immediate vicinity. Page 238 of 385 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 Mixed Residential Commercial.” The Mixed Residential Commercial”designation allows for R 4 zoning and may be developed with townhouse units. 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 18 August 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 Lot 23,Cole’s Estates, located in Section 8,Township 9 North,Range 29 East,W.M.records of Franklin County, Washington Parcel 115392077),generally located near the southeast corner of Road 92 in Pasco, WA.,be rezoned from C 1 Retail Business District)to R 4 High Density Residential). Page 239 of 385 BURNS RD BROADMOORBLVDSANDIFUR PKWY BURNS RD HARRISRDI-182 E I-182 W 0 710 1,400 2,100 2,800360 Feet 0 710 1,400 2,100 2,800360 Feet Overview Map Item: Rezone C-1 to R-4, R-3 or R-2 Applicant: Jason Wright c/o Three Rivers Group File #: Z 2021-012 OUTLET DRROAD 90SANDIFUR PKWY SOPHIE RAE CT RUVEN ST ROAD 920140 280 420 56070 Feet 0140 280 420 56070 Feet Vicinity Map Item: Rezone C-1 to R-4, R-3 or R-2 Applicant: Jason Wright c/o Three Rivers Group File #: SFDUsSFDUs SFDUs SFDUs SFDUs SFDUs Commercial Auto Commercial Restaurant Commercial Commercial OfficeServices Services Vacant ServicesVacant Vacant Vacant Vacant Vacant OUTLET DRROAD 90SANDIFUR PKWY SOPHIE RAE CT RUVEN ST ROAD 920140 280 420 56070 Feet Land Use Map Item: Rezone C-1 to R-4, R-3 or R-2 Applicant: Jason Wright c/o Three Rivers Group File #: C-1 C-1 C-1 CR C-1 C-1 R-1 R-1 R-3 R-4 R-4 OUTLET DRROAD 90SANDIFUR PKWY SOPHIE RAE CT RUVEN ST ROAD 920140 280 420 56070 Feet Zoning Map Item: Rezone C-1 to R-4, R-3 or R-2 Applicant: Jason Wright c/o Three Rivers Group File #: Medium Density Residential Mixed Residential Commercial Low Density ResidentialCommercial OUTLET DRROAD 90SANDIFUR PKWY SOPHIE RAE CT RUVEN ST ROAD 920140 280 420 56070 Feet Comp Plan Map Item: Rezone C-1 to R-4, R-3 or R-2 Applicant: Jason Wright c/o Three Rivers Group File #: OUTLET DRROAD 90SANDIFUR PKWY SOPHIE RAE CT RUVEN ST ROAD 920140 280 420 56070 Feet Exhibit A"Item: Rezone C-1 to R-4, R-3 or R-2 Applicant: Jason Wright c/o Three Rivers Group File #: WRIGHT SURGICAL ARTS A PORTION OF THE SW 1/4 OF THE NE 1/4 OF SEC. 08, TWN. 09 N., RGE. 29 E. 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CU $TONilCl..[-'NW1 PCIIIOllRAll51'llllllUI .UWf:'Tl()PjBOJ; UJUINAIII lllD'tlCINEl!l!IEII Q "'""""' D _,,lDiOONl!ll:l.,M."1: Iii W11,11Jt11£1DMWlo.11RVl.l.\lli: 0 •. ,~ -- ,a --l Rl llON1.11,1t ===-=-=g== -----W-V,TOillMPRQS ==-==--=-=LM: -----T---'IICJ,lf mmm11TACOMA.· 9GAm.E • SPOKANE •JRl-cmE9 M04Rolll90.SIA9HP-,WAlml1 m-.&allFAX-.--m WRIGHT SURGICAL ARTS ELITECONSTRUCTION5:',::=t· l!!I TOPOGRAPHIC SURVEY -.......-""""-'" . 11 SMet, Looking North Looking North Looking Northeast Looking Northeast Looking East Looking East Looking Southeast Looking Southeast Looking South Looking South Looking Southwest Looking Southwest Looking West Looking West Looking Northwest Looking Northwest 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:$825 Master File # ------Date Submitted: _____ _ Applicant Info Name: O...S.G'v'-wr>5 Address: \l \ 7 LO\A.A:1-r_ t :; ]>-rt2-, c.."Lo."""d.., wB 9 ?, c) Phone: SO°i -OJ - l 8 € Email: \l\A..Q..d1 c..c1-1fe@...5MA/ l. Name: Address: Phone: Owner Info if different than applicant) L..:;\--t\.'::,t,'V\... U) r\ :> I 111 tc,....._.,..__,.,...,.., i2--idS'l. 0r (.., c.klc--.,,__,\ W CJ'735c9 S"o -3C> 2.-l SG" Email: met);Q1-r ,wia:it-OV'Y\ Project Address: lot 23 1 Cofe f..5'-Jo,..-k.s, Pt\.SCo I vl-18 943 0 I (f092..) Project Parcel Number: -'l'---1....:;_S--_3=---=-,,_'z.._0_7_r __________________ _ Current Zoning: _-....::c=---_i. _______________________ _ Requested Zoning:_R-_Y........,_, _t--=3-110"'-.r_ .... }L_,,____.,.d.___ ________________ _ Describe the nature and effect of the proposed change: & pw'" 'f"<t:J ,s c.u.AAtlil.::f 2-&"M & I O..v\Q l\l)W} b.w.v1. (fa sdo Se.t- b'0J24 w'il. v.7 li'#lt qci·/v,9. u ki << YJµQJ lt'tf n - re :uno ±ti,$ pt·DfM:Yto b? A R..4 , (l 3or t 2--z..cNL. Th,s & wouOd aiJaJA. A -It> i l; Towf\hl>\Mfu11.,']5. lUlpdft4:ff,,1's. I.Ujtt_(dk tio bl5hos..t llv0 w±Y--oe t lli1s. lQ1Jt\dav1[) :±ls:ii,i.JJC-cM u1,-fb:f/..ltµN\.Qq N..isbbrrhovJ a-0-#.w 9:11 vdlyTow" fo .,. V, ot1fu/JU\ St-. f'P-1\.0>ljl>f\ -tit. ire.sillJ ';J-ft..L . we_.wo / 1 to.s; + a.4 Estimated time frame of development: lS-u..1A{tS Q(I ·tit t .t:tt a,C.rL UA.re riot ltcodt.J '16'1 eo,d 'la.WQ, LUO l to ho., ti-..;s. prvp2:19 lM.Pd h§,0 dtu€Pop1v1h'1: ,mn1Rd-Updated July 2019 Page 255 of 385 What conditions warrant the proposed rezone? __________________ _ TL-.L ,'-Ac. -rQ_l)'-,:,.Jd po p J, e,....pr'v\ s )'y<. '% Pa..£c...o C½,t) ·tfg_ A.g J fn I he a...wJ How will the proposed rezone advance the health, safety, and general welfare of the community? What effect will the proposed change have on the value and character of adjacent property? How does the proposed rezone relate to the City's Comprehensive Plan? \t nffetLSMWinro \111\\\ :fu :\h, tl¼Ml ?'V'Mhon lb west £1'\(lO · What effect will be realized by the owner(s) if the proposed rezone is not granted? _____ _ Lu'\ ll ½\ tp rg,st£u.cn1.Af h/5 f leivis 6m tit/!:, laYl.d a-iJ 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 256 of 385 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 rslSEPA Checklist ss. County of Franklin 13Site map 700.00 $ 75.00 $ 50.00 825.00 IEl Fee of $825 Fee: $825 On this i -5"" day of j v , d(loI , before me the undersigned, a Notary Public inandfortheStateofash gton, duly commissioned an sworn, personally appeared Cl n llivitl lf\Jy jgv1r being duly sworn on his/her oath that he/she haspreparedareadtheforegoingstatementsandhasacknowledgedtomethattherecitationscontained 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 ____.___-dayof (J-2 \ \1 111,,,,,,,: ,,,,,;. CELI V,q 111,,,:#' t:-!MENttB • R -...t>ti20.11,,.-vol ..... \: ... .::•' ·-::: : NOTA>- • :: : ...... : E S • '°OBLIC : 0"".: .. J'A.' •• sv• • i-C--"-.. • . . . ;,,,,.....,..11\fASI-« ,,,._ .. ,,,,,,,,. 11\1\\\\ Updated July 2019 ar blic in and for the tate f Washington Residing at ::V--tnN!V\. CAe My Commission expires 4 \ 212 j awY Page 257 of 385 WRIGHT SURGICAL ARTS A PORTION OF THE SW 1/4 OF THE NE 1/4 OF SEC. 08, TWN. 09 N., RGE. 29 E. W.M. SURVEYOR'S NOTE =in 5,.::;=.sm'· LEGAL DESCRIPTIONU>TJ.J.ectC'S£n11,U.JriCCGMINo.l0111£ft.ATllOOif"IIUD?Utlol ,SAT ,-,a. N. IICCMOSOf lllMIWIIC(Qll'(, 'if,.1[ VERTICAL DATUMCITYf1PA!dl--.UCHU1ll.Ulll,ll:O-.. u:,"f. = ... ,.· BASIS OF BEARING :;f...:"11X>.JIITTMCNUMUITS1'1)t.l>IDl:i10 · w:.1,,i1J.O:M. c: .. o•.-V!illll1USSCIJ'•T'fT01110Elff110,18 ... ll;»)Z)l.22E:1170Jll4.2211NClS-..SSCI.P"DDHftESEl" 1,,'tROADHI.NDIWI UTILITY NOTES1 .... IIJ"Ml:UTU1YFACU1ES/,J/f.Sl:iOM<lE!tEbll'l1tn:l.lll.DGATIII Jc:.,.1,:t.,.M 8 fflJlf Tom ON ms51lE01H1Jt 3.AL'IH(I.J(MI.OC,\"ICINSal'\HCIIJICIICUHDUTMJJDeA9CllafUIIJT'TUJC,\Ttllll,IIJ!lffN(l$N!ID OATA(SUC!IASA5--!kaTOIIUTI.JTY =:iJ-M -'fJ2:rg,"'il:'rflDl. c. .-1sw1s 'f<l4. OU. 1--..n.,_ 11,f(lllll: .llffCOlfflllUClDI, RELIANCE NOTElllSll.lfM.l'WASl'!ID'M(JJAf1H£IICllleT9'00UU.AlN[ 10U:NGDtwS',CI/S!:11'-CINSRl/c:1lall.-1'1llllll.TUl"t:II = f*=t!t:=TTSJ EQUIPMENT USED3"ltlTALITA1'1DNUl'UllNC;Sfl,N()lollDn£llllRl,,'•0U£W111011SFORCCIHTllQ,,NU>ISTAklltG, SURVEYOR'S CERTIFICATE .iotW Ii. 91:CX!;R, APIIOffllSICNAI.L,INDSIJll'.f:TDA nt.:SIAT£aF' WASIINC1'0N,llmD!YCV!WTlHA111115MIUI l:OlllfC'll.Y .... tSENTSASiR,111' r,,-'D( 111' 11E 0R L.t<otlt .. ,, lllt[CTSlJP["ISilll< 11 JAN.Jl,IO' ao11, ATlHtllt:QU[Sl0f'ElJT[CCl<l1!1UClKll'I. CITY OF PASCO, FRANKLIN COUNTY, WASHINGTON. SWl-<IS.40 lIIIIt L '1:. 1' :: 1i'\ d l \ J ,.,_:_;+,,, Ir .. I I II I , <Ill' ., I. I-' i Jloci:I' ! J , f·. I• ' 3 . I : iii'· 1·1I •I , J l I I• I -1 \_•"1IIII J•%,1I 11N,l477I0.42la [:111:IM.72.:10W:l':4111,15ISUIIHlllllV-fflDIl"l'\CN-<5a)lml_.,,.,,. ...... J __ Pt,1ll!,lft0,65l'l!lA Fllll!Smo:TI &.uto tli)AC .,, tillWlt-Wl ... pir fi:- t••O--I' t.DlfCP!&llJo.---rw --•"8!-7' • I I • I ''-t I • •·'!IJ';., , .,.__ -'---clIji "',p,_. '<t, •.;... nsllr.iE 1 ·li ·II i cb L · L. .... :r LEGEND ! 000m 0 li itlltA'-NID W.I.SMl/t -S,l,HITAll'fSEKRCllNIOUfSANIT•VstlEl .. CU $TONilCl..[-'NW1 PCIIIOllRAll51'llllllUI .UWf:'Tl()PjBOJ; UJUINAIII lllD'tlCINEl!l!IEII Q "'""""' D _,,lDiOONl!ll:l.,M."1: Iii W11,11Jt11£1DMWlo.11RVl.l.\lli: 0 •. ,~ -- ,a --l Rl llON1.11,1t ===-=-=g== -----W-V,TOillMPRQS ==-==--=-=LM: -----T---'IICJ,lf mmm11TACOMA.· 9GAm.E • SPOKANE •JRl-cmE9 M04Rolll90.SIA9HP-,WAlml1 m-.&allFAX-.--m WRIGHT SURGICAL ARTS ELITECONSTRUCTION5:',::=t· l!!I TOPOGRAPHIC SURVEY -.......-""""-'" . 11 SMet, f ii CityoJ 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: 18 August 2021 Project Name: Three River Group -C-1 to R4, R3 or R2 Site Development Rezone Project No.: SEPA 2021-059/ Z 2021-012 Proponent: Jason Wright/Three River Group 1117 Country Ridge Dr, Richland, WA 99352 Applicant: Jason Wright/Three River Group 1117 Country Ridge Dr, Richland, WA 99352 Description of Proposal: Approval of a rezone applications (MF# Z 2021-012) from C-1 Retail Business) to R-4 (High-Density Residential), R-3 (Medium-Density Residential), or R-2 (Medium-Density Residential) for Lot 23, Coles Estates. Location of Proposal: General Location: Said property is situated along the east side of Road 92, approximately 250 feet north of Sandifur Parkway, in Pasco, WA. Legal: Lot 23, Cole's Estates, located in Section 8, Township 9 North, Range 29 East, W.M. records of Franklin County, Washington (Parcel 115392077). Likely Mitigation Upon Project Application: 1.An inadvertent discovery protocol must be established forthe potential discovery of cultural or historical artifacts before or during improvements/construction. 2.A traffic Impact Analysis and subsequent participation in traffic mitigation fees and/or upgrades. 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 Page 259 of 385 using the optional DNS process in WAC 197-11-355. There is no further comment period on the DNS. Appeals must be filed within 10 days of this determination. Responsible Official: _.:,_Q__.""""'-_ ___..,{_;z ___ (...,ci.$""""'" ___________ _ 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 fee 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 260 of 385 Community Development Department PO Box 293,525 N 3rd Ave,Pasco,WA 99301 P:509.545.3441 F:509.545.3499 NOTICE OF PUBLIC HEARING Si necesita ayuda para entender este aviso o necesita más información,por favor llame al Departamento de Desarrollo Comunitario y Económico de la Ciudad de Pasco a 509 545 3441. SEPA Comment Period Deadline:18 August 2021 Proposal:Jason Wright,acting on behalf of Three River Group,has submitted a rezone application Z 2021 012)from C 1 Retail Business)to R 4 High Density Residential),R 3 Medium Density Residential),or R 2 Medium Density Residential),for Lot 23,Cole’s Estates,located in Section 8,Township 9 North,Range 29 East,W.M.records of Franklin County,Washington Parcel 115392077).Said property is situated along the east side of Road 92, approximately 250 feet north of Sandifur Parkway,in Pasco,WA.The proposal is subject to regulations contained in the Pasco Municipal Code. Public Comment Period:Written comments must be submitted to the Community Development Department by 5:00 p.m.on 8 September 2021.Only comments received by the referenced date will be included in the public record.If you have questions on the proposal,contact the Planning Division at 509)545 3441 or via e mail to: planning@pasco wa.gov. Open Record Hearing:The Hearing Examiner will conduct the open record hearing at 6:00 p.m.on 8 September 2021 in the Council Chambers in Pasco City Hall at 525 N 3rd Avenue in Pasco,Washington.The Hearing Examiner will consider public testimony concerning the above Rezone application Z 2021 012)from C 1 to R 4,R 3,or R 2 at this meeting. If you wish to participate in the hearing virtually,please register at least 2 hours prior to the meeting at the following registration link: www.pasco wa.gov/publiccomment After registering,you will receive a confirmation email containing information about joining the webinar. Estimated Date of the Decision:It is estimated that the Hearing Examiner will make a decision on the Special Permit within ten 10)business days of the close of the public hearing. Prepared 18 August 2021 by:Jeffrey B.Adams,Associate Planner,PO Box 293 Pasco,WA 99301 509)545 3441 Page 261 of 385 AGENDA REPORT FOR: City Council September 28, 2021 TO: Dave Zabell, City Manager City Council Regular Meeting: 10/4/21 FROM: Rick White, Director Community & Economic Development SUBJECT: *Q Ordinance - Liberty Lake Properties /Blue Dog RV- C-1 to CR (Z 2021- 013) I. REFERENCE(S): Proposed Ordinance Exhibit A - Map Exhibit B - Hearing Examiner Recommendation Report to Hearing Examiner Dated: September 8, 2021 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No. ____, rezoning a parcel located near the northwest corner of Chapel Hill Boulevard and Road 100 / Broadmoor Boulevard from C-1 to CR, and further, authorize publication by summary only. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: On September 8, 2021 the the Hearing Examiner held a public hearing to consider a request to rezone Lot 1, Binding Site Plan 2009 -03, located in Section 7, Township 9 North, Range 29 East, W.M. Records of Franklin County, Washington (Parcel No. 115210024) from C-1 (Retail Business District) to CR Regional Commercial). Following the conduct of the public hearing, the Hearing Examiner recommended approval of the applicant's request for a rezone from from C -1 Retail Business District) to CR (Regional Commercial). Page 262 of 385 V. DISCUSSION: The City has recently approved a major update to its Comprehensive Plan. The revised Land Use Element of the approved Plan designates the area “Mixed-Use Interchange.” The “Mixed-Use Interchange” designation allows for Mixed -Use Interchange MU-I) zoning and may be developed with commuter services, technology and resource business parks, office and retail uses. Per PMC 25.105.020(3), RV sales and service are among the allowed uses in the CR zoning district. Page 263 of 385 Ordinance – Rezone Z 2021-013 - 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 PARCEL LOCATED NEAR THE NORTHWEST CORNER OF CHAPEL HILL BOULEVARD AND ROAD 100 / BROADMOOR BOULEVARD, IN PASCO, WA, FROM C-1 TO C-R. WHEREAS, the petitioner seeks to rezone a parcel located near the northwest corner of Chapel Hill Boulevard and Road 100/Broadmoor Boulevard, 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 September 8, 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 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 C-1 (Retail Business District) to C-R (Regional Commercial District) for the real property as shown in Exhibit A attached hereto and described as follows: Page 264 of 385 Ordinance – Rezone Z 2021-013 - 2 Lot 1, Binding Site Plan 2009-03, located in Section 7, Township 9 North, Range 29 East, W.M. Records of Franklin County, Washington (Parcel No. 115210024). 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 265 of 385 BELGIAN LNMUSTANG DRAPPALOOSA LNBROADMOORBLVDARABIAN LNST THOMASDRST FRA N C I CITY OF PASCO HEARING EXAMINER IN THE MATTER OF ) Z 2021-013 ) Liberty Lake Properties/Blue Dog RV ) RECOMMENDED FINDINGS OF FACT, RECOMMENDED CONCLUSIONS OF LAW, AND DECISION THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on September 8, 2021, the Hearing Examiner having taken evidence hereby submits the following Recommended Findings of Fact, Conclusions of Law, and Decision and Conditions of Approval as follows: I.RECOMMENDED FINDINGS OF FACT 1.PROPERTY/APPLICATION DESCRIPTION: 1.1 Legal: Lot 1, Binding Site Plan 2009-03, located in Section 7, Township 9 North, Range 29 East, W.M. Records of Franklin County, Washington (Parcel 115210024). 1.2 General Location: Generally located near the northwest corner of Chapel Hill Boulevard and Road I 00/Broadmoor Boulevard, in Pasco, WA. 1.3 Property Size: 13.49 acres (587,968.03 square feet). 1.4 Applicant: Mark Bretz c/o Liberty Lake Properties LLC 4800, Grant Creek Road, Missoula MT 59808. 1.5 Request: Rezone Liberty Lake Properties /Blue Dog RV-C-1 to CR. 2.ACCESS: The parcel has access from Chapel Hill Boulevard and Road 100/Broadmoor Boulevard. 3.UTILITIES: Water is available in both Chapel Hill Boulevard and Road 100/Broadmoor Boulevard; Sewer service is in Chapel Hill Boulevard. 4.LAND USE AND ZONING: The site is undeveloped and zoned C-1 (Retail Commercial). Surrounding properties are zoned and developed as follows: NORTH: (Freeway) 1-182 Freeway EAST: CR; C-1, Office Commercial SOUTH: C-1, Office Commercial, Vacant WEST: R-4, Apartments. 5.COMPREHENSIVE PLAN: The Comprehensive Plan has recently been updated and approved by City Council. The lot has been designated "Mixed-Use Interchange" by the Comprehensive Plan Land Use Map. The "Mixed-Use Interchange" designation allows for Z 2021-013 Liberty Lake Properties /Blue Dog RV Page 1 of 7 Page 267 of 385 the Mixed-Use Interchange (MU-1) zoning designation, which provides for commuter services, technology and resource business parks, office and retail 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 31 August 2021 forthis project under WAC 197-11-158. 7.REQUEST: Mark Bretz, on behalf of Liberty Lake Properties LLC and Broadmoor Properties LLC, has submitted an application to rezone Parcel 115210024, located near the northwest corner of Chapel Hill Boulevard and Road 100/Broadmoor Boulevard, in Pasco, WA., from C-1 (Retail Business District) to CR (Regional commercial) in anticipation of locating an RV sales and service center on the site. 8.SITE: The site contains 13.49 acres (587,968.03 square feet) and has frontage access on Chapel Hill Boulevard and Road 100/Broadmoor Boulevard, which are both arterial streets. 8.1 The City has recently approved a major update to its Comprehensive Plan. The revised Land Use Element of the approved Plan designates the area "Mixed-Use Interchange." 8.2 The "Mixed-Use Interchange" designation allows for Mixed-Use Interchange (MU-I) zoning and may be developed with commuter services, technology and resource business parks, office and retail uses. 8.3 As the Comprehensive Plan has recently been approved, the new MU-I zoning designation has not yet been defined and adopted into the Pasco Municipal Code PMC). As such, the CR zoning is the closest available approximation of the cited MU-I zone. 8.4 As per PMC 25.105.010, "The C-R regional commercial district is established to provide a district in which the primary land use is for commercial and service uses to serve the needs of people living in the entire region and to serve as a place of employment in a regional setting. This district is intended to be located near major highway interchanges." 8.5 Per PMC 25.105.020(3), RV sales and service are among the allowed uses in the CR zoning district. 8.6 The rezone request and its intended use are consistent with both Comprehensive Plan Land Use Map designations. 9.HISTORY: The site was annexed into the City and designated C-1-D (Designated Shopping Center) in 1982 (Ordinance 2388). Title 22 Zoning was repealed its entirety and replaced with Title 25 in 1999 (Ordinance 3354) and the C-1-D zone was replaced with C-1 (Retail Business) zone. A 252-unit apartment complex was developed to the east of the parcel in 2004, followed by a service station in 2006 followed by commercial and office uses to the east and south of the site between 2019 and 2021. 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: Z 2021-013 Liberty Lake Properties /Blue Dog RV Page 2 of 7 Page 268 of 385 I 0.1.1 The site was designated C-1-D in 1982 in conjunction with annexation. The C-1-D designation was eliminated and replaced with the C-1 (Retail Business) zone in 1999. I 0.2 The changed conditions, which are alleged to warrant other or additional zoning: I 0.2.1 Surrounding parcels to the east, south, and west have been slowly developed over the last decade with high-density residential, commercial, and office uses. 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 "Mixed-Use Interchange." 10.2.3 The "Mixed-Use Interchange" designation allows for "MU-I" zoning and may be developed with commuter services, technology and resource business parks, office and retail uses. 10.3 Facts to justify the change on the basis of advancing the public health, safety and general welfare: 10.3 .1 The rezone application and proposal are consistent with the Pasco Comprehensive Plan, which has been determined to be in the best interest of advancing public health, safety and general welfare of the community. 10.4 The effect it will have on the value and character of the adjacent property and the Comprehensive Plan: I 0.4.1 As the Comprehensive Plan has recently been approved, the new MU-I zoning designation has not yet been defined and adopted into the Pasco Municipal Code (PMC). As such, the CR zoning is the closest available approximation of the cited MU-I zone. 10.4.2 The "Mixed-Use Interchange" designation allows for "MU-I" zoning and may be developed with commuter services, technology and resource business parks, office and retail uses, all of which are appropriate for this area, m alignment with the Land Use Element of the Comprehensive Plan. I 0.5 The effect on the property owner or owners if the request is not granted: 10.5.1 If the property remains with the current C-1 zoning designation the site would likely continue to remain vacant for a while. I 0.6 The Comprehensive Plan land use designation for the property: I 0.6.1 The City Council has recently approved an update to the Comprehensive Plan. The Land Use Element of the Plan now designates the lot "Mixed-Use Interchange." I 0.6.2 As the Comprehensive Plan has recently been approved, the new MU-I zoning designation has not yet been defined and adopted into the Pasco Municipal Code (PMC). As such, the CR zoning is the closest available approximation of the cited MU-I zone. 11.The Washington State Department of Transportation (WSDOT) has made the following comments on the project: 22021-013 Liberty Lake Properties /Blue Dog RV Page 3 of 7 Page 269 of 385 11. 1 The subject property is adjacent to Interstate 182 (1-182) and the Road 100/Broadmoor Boulevard (Exit 7) interchange. I-182 is a fully controlled limited access facility with a posted speed limit of 70 miles per hour. WSDOT has acquired all access rights to highway from the abutting properties, including the on-and off-ramps and interchange crossroad (Broadmoor Blvd). Direct access to I-182 is prohibited. This access restriction extends southerly along Broadmoor Blvd a distance of300' from the intersection of the eastbound ramp terminals. 11.2 WSDOT anticipates the majority of traffic generated by this proposal will utilize the Exit 7 interchange and we are concerned with the cumulative impact development in this area is having on the interchange. In order to mitigate this project's impact, we recommend the city require the proponent to contribute towards the city of Pasco's planned improvements to the interchange, in proportion to their impact. 11.3 The existing WSDOT fence typically lies one foot inside our right-of-way boundary and must not be altered or moved without prior department approval. 11.4 Encroachments, grading or other activities within WSDOT right-of-way are prohibited. The site must be developed with sufficient building setbacks to accommodate all on-site activities. 11.5 Any outdoor advertising or commercial signing considered for this project must comply with the State Scenic Vistas Act of 1971 (RCW 47.42 & WAC 468-66). The proponent can contact Trevor McCain of the WSDOT HQ Traffic Office for specifics. He can be reached at (360) 705-7282. 11.6 Stormwater and surface runoffgenerated by this project must be retained and treated on site. 11.7 Any proposed lighting must be directed down towards the site and away from I-182. The discharge into 1-182 right-of-way requires an approved WSDOT Utility Permit. 12.The Hearing Examiner recommends that limited access, with WSDOT approval, shall be applicable to Road 100. 13.Public notice of this hearing was sent to property owners within 300 feet of the property and posted in the Tri-City Herald on August 31, 2021. 14.Applicant wishes to rezone Parcel 115210024 from C-1 to CR. 15.The site is located near the northwest corner of Chapel Hill Boulevard and Road 100/Broadmoor Boulevard. 16.Applicant anticipates locating an RV sales and service center on the site. 17.The site contains 13.49 acres (587,968.03 square feet). 18.The site has limited frontage access on Chapel Hill Boulevard and Road 100/Broadmoor Boulevard. 19.Chapel Hill Boulevard and Road 100/Broadmoor Boulevard are both arterial streets. 20.The City has recently approved a major update to its Comprehensive Plan. 21.The revised Land Use Element of the approved Plan designates the area "Mixed-Use Interchange." 22.The "Mixed-Use Interchange" designation allows forMixed-Use Interchange (MU-I) zoning. Z 2021-013 Liberty Lake Properties /Blue Dog RV Page 4 of 7 Page 270 of 385 23.The "Mixed-Use Interchange" designation may be developed with commuter services, technology and resource business parks, office and retail uses. 24.The new MU-I zoning designation has not yet been defined and adopted into the PMC. 25.CR zoning is the closest available approximation of the MU-I zone. 26.The C-R district is intended to be located near major highway interchanges. 27.RV sales and service are among the allowed uses in the CR zoning district. 28.The site was annexed into the City and designated C-1-D in 1982. 29.Title 22 Zoning was repealed and replaced with Title 25 Zoning in 1999. 30.The C-1-D zone was replaced with C-1 zone in 1999. 31.A 252-unit apartment complex was developed to the east of the parcel in 2004 32.A service station was developed to the east of the site in 2006. 33.Commercial and office uses were developed to the east and south of the site between 2019 and 2021. 34.An open record public hearing after due legal notice was held September 8, 2021 via Zoom videoconference. 35.The Applicant did not appear at the hearing. The Applicant was given notice of the date, time, and manner of the hearing. 36.No member of the public testified at the hearing. 37. The staff report, application materials, agency comments and the entire file of record were admitted into the record. 38.The proposal is in accordance with the goals and policies of the Comprehensive Plan as follows: 38. l City Council has recently approved an update to the Comprehensive Plan. The Land Use Element of the Plan now designates the lot "Mixed-Use Interchange." 38.2 The "Mixed-Use Interchange" designation allows forMixed-Use Interchange (MU-I) zoning and may be developed with commuter services, technology and resource business parks, office and retail uses. 38.3 As the Comprehensive Plan has recently been approved, the new MU-I zoning designation has not yet been defined and adopted into the Pasco Municipal Code PMC). As such, the CR zoning is the closest available approximation of the cited MU-I zone. 38.4 As per PMC 25.105.010, "The C-R regional commercial district is established to provide a district in which the primary land use is for commercial and service uses to serve the needs of people living in the entire region and to serve as a place of employment in a regional setting. This district is intended to be located near major highway interchanges." 38.5 Per PMC 25. 105.020(3), RV sales and service are among the allowed uses in the CR zoning district. Z 2021-013 Liberty Lake Properties /Blue Dog RV Page 5 of 7 Page 271 of 385 38.6 The proposal also aligns with Land Use Policy LU-4-A: Encourage infill and higher density uses within proximity to major travel corridors and public transportation service areas. 39.The effect of the proposal on the immediate vicinity will not be materially detrimental because: 39.1 The Comprehensive Plan has recently been updated for the area and the Land Use Element of the Plan now designates the lot "Mixed-Use Interchange." 39.2 The "Mixed-Use Interchange" designation allows for Mixed-Use Interchange (MU-I) zoning and may be developed with commuter services, technology and resource business parks, office and retail uses. 40.There is merit and value in the proposal for the community as a whole because: 40.1 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) 40.2 The Comprehensive Plan has recently been updated for the area and now designates the lot "Mixed-Use Interchange." 40.3 The "Mixed-Use Interchange" designation allows for Mixed-Use Interchange (MU-I) zoning and may be developed with commuter services, technology and resource business parks, office and retail uses. 41.Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. 41.1 The rezone application and anticipated project are subject to the regulations and requirements of the Pasco Municipal Code and the City of Pasco Design and Construction Standards. The Design and Construction Standards require a Traffic Study for proposals that generate 25 or more peak hour trips. The City (Lead Agency) issued a Determination of Non-Significance (DNS) on August 31, 2021. 42.A Concomitant Agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement. 42.1 A concomitant agreement would not be required in this circumstance. 43.Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as such by this reference. II.RECOMMENDED CONCLUSIONS OF LAW Before recommending approval or denial of a rezone, the Hearing Examiner must develop findings of fact from which to draw its conclusions based upon the criteria listed in PMC 25.210.060. The criteria are as follows: 1.The Hearing Examiner has been granted the authority to render recommendation. 2.This rezone is consistent with the goals and policies of the Pasco Comprehensive Plan. 3.This rezone will satisfy all of the criteria set forth in the Pasco Municipal Code. 4.Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as such by this reference. Z 2021-013 Liberty Lake Properties /Blue Dog RV Page 6 of 7 Page 272 of 385 ID. 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 CR (Regional commercial). Dated this 9th day of September, 2021. Z 2021-013 Liberty Lake Properties /Blue Dog RV Page 7 of 7 Page 273 of 385 PUBLIC HEARING City Hall 525 North Third Avenue Council Chambers DATE:WEDNESDAY,9 September 2021 6:00 PM 1 MASTER FILE Z 2021 13 APPLICANT:Mark Bretz c/o Liberty Lake Properties LLC 4800,Grant Creek Road Missoula MT 59808 REQUEST:REZONE:Liberty Lake Properties Blue Dog RV C 1 to CR BACKGROUND 1. PROPERTY DESCRIPTION: Legal:Lot 1,Binding Site Plan 2009 03,located in Section 7,Township 9 North,Range 29 East,W.M.Records of Franklin County,Washington Parcel 115210024). General Location:Generally located near the northwest corner of Chapel Hill Boulevard and Road 100/Broadmoor Boulevard,in Pasco,WA. Property Size:13.49 acres 587,968.03 square feet). 2. ACCESS:The parcel has access from Chapel Hill Boulevard and Road 100/Broadmoor Boulevard. 3. UTILITIES:Water is available in both Chapel Hill Boulevard and Road 100/Broadmoor Boulevard;Sewer service is in Chapel Hill Boulevard. 4. LAND USE AND ZONING:The site is undeveloped and zoned C 1 Retail Commercial). Surrounding properties are zoned and developed as follows: NORTH:Freeway)I 182 Freeway EAST:CR;C 1 Office Commercial SOUTH:C 1 Office Commercial,Vacant WEST:R 4 Apartments 5. Comprehensive Plan:The Comprehensive Plan has recently been updated and approved by City Council;the lot has been designated Mixed Use Interchange”by the Comprehensive Plan Land Use Map;the Mixed Use Interchange”designation allows for the Mixed Use Interchange MU 1)zoning designation,which provides for commuter services,technology and resource business parks,office and retail 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 Page 274 of 385 2 Determination of Non Significance DNS)was issued on 31 August 2021 for this project under WAC 197 11 158. ANALYSIS Request Mark Bretz,on behalf of Liberty Lake Properties LLC and Broadmoor Properties LLC,has submitted an application to rezone Parcel 115210024,located near the northwest corner of Chapel Hill Boulevard and Road 100/Broadmoor Boulevard,in Pasco,WA.,from C 1 Retail Business District)to CR Regional commercial)in anticipation of locating an RV sales and service center on the site. Site The site contains 13.49 acres 587,968.03 square feet)and has frontage access on Chapel Hill Boulevard and Road 100/Broadmoor Boulevard,which are both arterial streets. The City has recently approved a major update to its Comprehensive Plan.The revised Land Use Element of the approved Plan designates the area Mixed Use Interchange.” The Mixed Use Interchange”designation allows for Mixed Use Interchange MU I)zoning and may be developed with commuter services,technology and resource business parks,office and retail uses. As the Comprehensive Plan has recently been approved,the new MU I zoning designation has not yet been defined and adopted into the Pasco Municipal Code PMC).As such,the CR zoning is the closest available approximation of the cited MU I zone. As per PMC 25.105.010,The C R regional commercial district is established to provide a district in which the primary land use is for commercial and service uses to serve the needs of people living in the entire region and to serve as a place of employment in a regional setting.This district is intended to be located near major highway interchanges.” Per PMC 25.105.020(3),RV sales and service are among the allowed uses in the CR zoning district. The rezone request and its intended use are consistent with both Comprehensive Plan Land Use Map designations. Page 275 of 385 3 History The site was annexed into the City and designated C 1 D Designated Shopping Center)in 1982 Ordinance 2388);Title 22 Zoning was repealed its entirety and replaced with Title 25 in 1999 Ordinance 3354)and the C 1 D zone was replaced with C 1 Retail Business)zone. A 252 unit apartment complex was developed to the east of the parcel in 2004,followed by a service station in 2006 followed by commercial and office uses to the east and south of the site between 2019 and 2021. 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 designated C 1 D in 1982 in conjunction with annexation.The C 1 D designation was eliminated and replaced with the C 1 Retail Business)zone in 1999. 2. The changed conditions,which are alleged to warrant other or additional zoning: Surrounding parcels to the east,south,and west have been slowly developed over the last decade with high density residential,commercial,and office uses. City Council has recently approved an update to the Comprehensive Plan;The Land Use Element of the Plan now designates the lot Mixed Use Interchange.” The Mixed Use Interchange”designation allows for MU I”zoning and may be developed with commuter services,technology and resource business parks,office and retail uses. 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. 4. The effect it will have on the value and character of the adjacent property and the Comprehensive Plan: As the Comprehensive Plan has recently been approved,the new MU I zoning designation has not yet been defined and adopted into the Pasco Municipal Code PMC).As such,the CR zoning is the closest available approximation of the cited MU I zone. The Mixed Use Interchange”designation allows for MU I”zoning and may be developed with commuter services,technology and resource business parks,office and retail uses,all of which are appropriate for this area,in alignment with the Land Use Element of the Comprehensive Plan. 5. The effect on the property owner or owners if the request is not granted: Page 276 of 385 4 If the property remains with the current C 1 zoning designation the site would likely continue to remain vacant for a while. 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 Mixed Use Interchange.” The Mixed Use Interchange”designation allows for CR zoning and may be developed with commuter services,technology and resource business parks,office and retail uses. As the Comprehensive Plan has recently been approved,the new MU I zoning designation has not yet been defined and adopted into the Pasco Municipal Code PMC).As such,the CR zoning is the closest available approximation of the cited MU I zone. 7. Such other information as the Hearing Examiner requires The Washington State Department of Transportation WSDOT)has made the following comments on the project: 1) The subject property is adjacent to Interstate 182 I 182)and the Road 100/Broadmoor Boulevard Exit 7)interchange.I 182 is a fully controlled limited access facility with a posted speed limit of 70 miles per hour.WSDOT has acquired all access rights to highway from the abutting properties,including the on and off ramps and interchange crossroad Broadmoor Blvd).Direct access to I 182 is prohibited.This access restriction extends southerly along Broadmoor Blvd a distance of 300'from the intersection of the eastbound ramp terminals. 2) WSDOT anticipates the majority of traffic generated by this proposal will utilize the Exit 7 interchange and we are concerned with the cumulative impact development in this area is having on the interchange.In order to mitigate this project's impact,we recommend the city require the proponent to contribute towards the city of Pasco's planned improvements to the interchange,in proportion to their impact. 3) The existing WSDOT fence typically lies one foot inside our right of way boundary and must not be altered or moved without prior department approval. 4) Encroachments,grading or other activities within WSDOT right of way are prohibited.The site must be developed with sufficient building setbacks to accommodate all on site activities. 5) Any outdoor advertising or commercial signing considered for this project must comply with the State Scenic Vistas Act of 1971 RCW 47.42 WAC 468 66).The proponent can contact Trevor McCain of the WSDOT HQ Traffic Office for specifics.He can be reached at 360)705 7282. 6) Stormwater and surface runoff generated by this project must be retained and treated on site. 7) Any proposed lighting must be directed down towards the site and away from I 182.y discharge into 1 182 right of way requires an approved WSDOT Utility Permit. Staff has also weighed in on this application,as follows: Limited access,with WSDOT approval,shall be applicable to Road 100. Page 277 of 385 5 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 31 August 2021. 2. Applicant wishes to rezone Parcel 115210024 from C 1 to CR. 3. The site is located near the northwest corner of Chapel Hill Boulevard and Road 100/Broadmoor Boulevard. 4. Applicant anticipates locating an RV sales and service center on the site. 5. The site contains 13.49 acres 587,968.03 square feet). 6. The site has limited frontage access on Chapel Hill Boulevard and Road 100/Broadmoor Boulevard. 7. Chapel Hill Boulevard and Road 100/Broadmoor Boulevard are both arterial streets. 8. The City has recently approved a major update to its Comprehensive Plan. 9. The revised Land Use Element of the approved Plan designates the area Mixed Use Interchange.” 10. The Mixed Use Interchange”designation allows for Mixed Use Interchange MU I) zoning. 11. The Mixed Use Interchange”designation may be developed with commuter services, technology and resource business parks,office and retail uses. 12. The new MU I zoning designation has not yet been defined and adopted into the PMC. 13. CR zoning is the closest available approximation of the MU I zone. 14. The C R district is intended to be located near major highway interchanges. 15. RV sales and service are among the allowed uses in the CR zoning district. 16. The site was annexed into the City and designated C 1 D in 1982. 17. Title 22 Zoning was repealed and replaced with Title 25 Zoning in 1999. 18. The C 1 D zone was replaced with C 1 zone in 1999. 19. A 252 unit apartment complex was developed to the east of the parcel in 2004 20. A service station was developed to the east of the site in 2006. 21. Commercial and office uses were developed to the east and south of the site between 2019 and 2021. Page 278 of 385 6 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 Mixed Use Interchange.” The Mixed Use Interchange”designation allows for Mixed Use Interchange MU I)zoning and may be developed with commuter services,technology and resource business parks,office and retail uses. As the Comprehensive Plan has recently been approved,the new MU I zoning designation has not yet been defined and adopted into the Pasco Municipal Code PMC).As such,the CR zoning is the closest available approximation of the cited MU I zone. As per PMC 25.105.010,The C R regional commercial district is established to provide a district in which the primary land use is for commercial and service uses to serve the needs of people living in the entire region and to serve as a place of employment in a regional setting.This district is intended to be located near major highway interchanges.” Per PMC 25.105.020(3),RV sales and service are among the allowed uses in the CR zoning district. The proposal also aligns with Land Use Policy LU 4 A:Encourage infill and higher density uses within proximity to major travel corridors and public transportation service areas. 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 Mixed Use Interchange.” The Mixed Use Interchange”designation allows for Mixed Use Interchange MU I)zoning and may be developed with commuter services,technology and resource business parks,office and retail uses. 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 Mixed Use Interchange.” The Mixed Use Interchange”designation allows for Mixed Use Interchange MU I)zoning and may be developed with commuter services,technology and resource business parks,office and retail uses. 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 Page 279 of 385 7 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 31 August 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 Lot 1,Binding Site Plan 2009 03,located in Section 7,Township 9 North,Range 29 East,W.M.Records of Franklin County, Washington Parcel 115210024),generally located near the northwest corner of Chapel Hill Boulevard and Road 100/Broadmoor Boulevard,in Pasco,WA,be rezoned from C 1 Retail Business District)to CR Regional commercial). Page 280 of 385 CITY LIMITS SANDIFUR COURT BROADMOORROAD 100HARRIS I -1 8 2I- 182 I-182Benton County WA, Pasco GIS, Maxar 0 1,000 2,000 3,000 4, 000500 Feet 0 1,000 2,000 3,000 4, 000500 Feet Overview Map Item: Rezone C-1 to CR Applicant: Mark Bretz, c/o Liberty Lake Properties LLC File #: Z BELGIANMUSTANG APPALOOSABROADMOORARABIANST THOM A S S T F R ANCISCHAPEL HILL PALOMINO I-182 CRESCENTROAD 111 HARRISBenton County WA, Pasco GIS, Maxar, Microsoft 0 280 560 840 1,100140 Feet 0 280 560 840 1,100140 Feet Vicinity Map Item: Rezone C-1 to CR Applicant: Mark Bretz, c/o Liberty Lake Properties LLC File #: Z 2021-013 SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs Multiunits SFDU other Commercial Trade Office Office Office Commercial Office School Agriculture AgricultureVacant Vacant Vacant Vacant Vacant Vacant Vacant Vacant BELGIAN LNMUSTANG DR APPALOOSALNBROADMOORBLVDARABIAN LNST THOM A S D R S T F R ANCISDRCHAPEL HILL BLVD PALOMINO DR I -1 8 2 E CRESCENT RDROAD 111 HARRIS RD0280 560 840 1, 100140 Feet Land Use Map Item: Rezone C-1 to CR Applicant: Mark Bretz, c/o Liberty Lake Properties LLC C-1 C-1 CR R-1 R-1 R-3 R-4 RS-12 C-1 C-1 O C-1 BELGIAN LNMUSTANG DR APPALOOSALNBROADMOORBLVDARABIAN LNST THOM A S D R S T F R ANCISDRCHAPEL HILL BLVD PALOMINO DR I -1 8 2 E CRESCENT RDROAD 111 HARRIS RD0280 560 840 1, 100140 Feet Zoning Map Item: Rezone C-1 to CR Applicant: Mark Bretz, c/o Liberty Lake Properties LLC Medium Density Residential Mixed Use Interchange Mixed Use Interchange Office Mixed Use Regional Commercial Commercial Medium Density Residential Medium Density Residential Open Space Parks High Density Residential Low Density Residential Low Density Residential Low Density Residential Public Quasi-Public Commercial Commercial BELGIAN LNMUSTANG DR APPALOOSA LNBROADMOORBLVDARABIAN LNST THOM A S D R S T F R ANCISDRCHAPEL HILL BLVD PALOMINO DR I -1 8 2 E CRESCENT RDROAD 111 HARRISRD0 280 560 840 1, 100140 Feet Comp Plan Map Item: Rezone C-1 to CR Applicant: Mark Bretz, c/ o Liberty Lake Properties BELGIAN LNMUSTANG DR APPALOOSALNBROADMOORBLVDARABIAN LNST THOM A S D R S T F R ANCISDRCHAPEL HILL BLVD PALOMINO DR I -1 8 2 E CRESCENT RDROAD 111 HARRIS RD0280 560 840 1, 100140 Feet Exhibit A"Item: Rezone C-1 to CR Applicant: Mark Bretz, c/o Liberty Lake Properties LLC Looking North Looking Northeast Looking East Looking Southeast Looking South Looking Southwest Looking West Looking Northwest 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# Date Submitted: S.(l LI ------ Applicant Info Name: Liberty Lake Properties LLC (Mark Bretz) Address: 4800 Grant Creek RoadMissoula, MT 59808 Phone: 406.880.1088 Email: mbretz@bretzrv.com Project Address: tbd Broadmoor/Chapel Hill Owner Info if differentthan applicant) Name: Broadmoor Properties LLC Address: 1 A&1t17o YaA.v#1Jet1d- iJ2A), A/JIj''9S"/I Phone: JolS-:5 ;J, 3 --1/ i .3 Email: tlttc4111s f&1<!:a Project Parcel Number: _1_15_·_2_1o_._0_24 ______________________ _ Current Zoning: _c_-1 ___________________________ _ Requested Zoning:_c_-R __________________________ _ Describe the nature and effect of the pr oposed change: Will allow for RV Dealership E . d . f f d I Within 12-24 months of closing (closing to be Oct/Nov 2021} st1mate time rame o eve opment: ____________________ _ Updated July 2019 Page 295 of 385 What conditions warrant the proposed rezone? The current zoning does not allow for dealerships How will the proposed rezone advance the health, safety, and general welfare of the community? It will grow the RV Dealer footprint for this area of Pasco. What effect will the proposed change have on the value and character of adjacent property? It will increase the value of all adjacent properties as well as serve as a benefit to existing neighbors (Numerlca & GESA). How does the proposed rezone relate to the City's Comprehensive Plan? _________ _ What effect will be realized by the owner(s) if the proposed rezone is not granted? ______ _ Lot will not sell. 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 296 of 385 Fee for Rezone Environmental Checklist Radius Notification l!JSEPA Checklist State of W,1i County of 55. IiiSite map 700.00 $ 75.00 $ SO.OD 825.00 l!IFee of $825 Fee:$825 3.,. J On this -day of , 2.o2J , before me the undersigned, a Notary Public in and for the State of i =X duly commissioned an sworn, personally appeared Da ( C. • Adams 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 menti oned. nlSUBSCRIBEDANDSWORNtobeforemethis3day of f 2o2/ BRENDA8RIEN-l.ARSON NotaryPublic StaleofNevadaCountyofWashoe APPT. NO. 16-3659-2 MyApp. Expires Sept. 19, 2024 Updated July 2019 Notary Public in and for the State of WasRiflgton /J y'( a Residing at /B/2.'I i,.;a/3eff.uft/1 fmo NII !J<IS// My Commission expires J91 2D 2J.1: Page 297 of 385 Community Development Department PO Box 293,525 N 3rd Ave,Pasco,WA 99301 P:509.545.3441 F:509.545.3499 NOTICE OF PUBLIC HEARING Si necesita ayuda para entender este aviso o necesita más información,por favor llame al Departamento de Desarrollo Comunitario y Económico de la Ciudad de Pasco a 509 545 3441. Proposal:Mark Bretz,acting on behalf of Liberty Lake Properties LLC,has submitted a rezone application Z 2021 013)from C 1 Retail Business)to CR Regional Commercial),for Lot 1,Binding Site Plan 2009 03,located in Section 7,Township 9 North,Range 29 East,W.M.Records of Franklin County,Washington Parcel 115210024).Said property is situated near the northwest corner of Chapel Hill Boulevard and Road 100/Broadmoor Boulevard,in Pasco,WA.The proposal is subject to regulations contained in the Pasco Municipal Code. Public Comment Period:Written comments must be submitted to the Community Development Department by 5:00 p.m.on 8 September 2021.Only comments received by the referenced date will be included in the public record.If you have questions on the proposal,contact the Planning Division at 509)545 3441 or via e mail to: planning@pasco wa.gov. Open Record Hearing:The Hearing Examiner will conduct the open record hearing at 6:00 p.m.on 8 September 2021 in the Council Chambers in Pasco City Hall at 525 N 3rd Avenue in Pasco,Washington.The Hearing Examiner will consider public testimony concerning the above Rezone application Z 2021 013)from C 1 to CR at this meeting. If you wish to participate in the hearing virtually,please register at least 2 hours prior to the meeting at the following registration link: www.pasco wa.gov/publiccomment After registering,you will receive a confirmation email containing information about joining the webinar. Estimated Date of the Decision:It is estimated that the Hearing Examiner will make a decision on the Special Permit within ten 10)business days of the close of the public hearing. Prepared 18 August 2021 by:Jeffrey B.Adams,Associate Planner,PO Box 293 Pasco,WA 99301 509)545 3441 Page 298 of 385 BELGIANMUSTANG APPALOOSABROADMOORARABIANST THOM A S S T F R ANCISCHAPEL HILL PALOMINO I-182 CRESCENTBROADMOORTOI182ROAD 111 BROADMOO R T O I 1 82I182TOBROADMOOR B R O A D M O O R T O I 1 8 2 HARRISI -1 8 2 0 280 560 840 1,100140 Feet 0 280 560 840 1,100140 Feet Vicinity Map Item: Rezone C-1 to CR Applicant: Mark Bretz, c/o Liberty Lake Properties LLC File #: Z 2021-013 i Cityof Jli Pasco Community Development Department PO Box 293, 525 N 3 rd Ave, Pasco, WA 99301 P: 509.545.3441 / F: 509.545.3499 MITIGATED DETERMINATION OF NON-SIGNIFICANCE Optional MONS Process) Issuance Date: 31 August 2021 Project Name: Liberty Lake Properties LLC; C-1 to CR Site Development Rezone Project Number: SEPA 2021-064 Z 2021-013 Proponent: Applicant: Broadmoor Properties LLC 6070 Lake Geneva Dr. Reno NV 89511-5074 Mark Bretz c/o Liberty Lake Properties LLC 4800, Grant Creek Road Missoula MT 59808 Description of Proposal: Approval of a rezone applications (MF# Z 2021-013) from C-1 Retail Business) to CR (Regional Commercial), for Lot 1, Binding Site Plan 2009-03, Parcel 115210024). Location of Proposal: General Location: Located near the northwest corner of Chapel Hill Boulevard and Road 100/Broadmoor Boulevard, in Pasco, WA. Legal: Lot 1, Binding Site Plan 2009-03, located in Section 7, Township 9 North, Range 29 East, W.M. Records of Franklin County, Washington. 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. 2.Proponent shall contribute towards the city of Pasco's planned improvements to the interchange, in proportion to their impact. 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 MONS is issued after Page 300 of 385 using the optional DNS process in WAC 197-11-355. There is no further comment period on the MDNS. Appeals must be filed within 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 fee 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 301 of 385 AGENDA REPORT FOR: City Council September 21, 2021 TO: Dave Zabell, City Manager City Council Regular Meeting: 10/4/21 FROM: Steve Worley, Director Public Works SUBJECT: *Resolution - Professional Services Agreement with RH2 Engineering for Design Services for the West Pasco Water Treatment Plant Expansion Ph. 2 Project I. REFERENCE(S): Resolution Professional Services Agreement II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. _______, authorizing execution of the ManagerCitytheProfessionalAgreementServices withby RH2 Engineering, Inc. for the design of the West Pasco Water Treatment Plant Phase 2 project. III. FISCAL IMPACT: Professional Services Agreement: $544,192.00 The cost of this project is anticipated to be funded by Water Utility Rates. However, loanandgrantavailableallpursuetocontinuealsowillstaff opportunities for this project. A budget allocation for this Phase 2 project will be included in the mid-biennium budget amendment. IV. HISTORY AND FACTS BRIEF: The City’s water system is supplied by two water treatment plants (WTP) located on opposite ends of the water distribution system; the Butterfield WTP (with a treatment capacity of 26.8 million gallons per day (mgd)) and the West Pasco WTP (WPWTP) (with a treatment capacity of 6.0 mgd). While both water treatment plants can together accommodate current and short-term future peak Page 302 of 385 demands, individual plant capacities must be increased to meet the City’s 20- year planning projections. The West Pasco Water Treatment Plant (WPWTP) was originally designed to accommodate two expansions of its water treatment capacity within the facility. The current proposed expansion will double the treatment capacity to 12.0 mgd. A future expansion will provide a total increased treatment capacity of 18.0 mgd. To accomplish these improvements in the most cost-effective manner, the current treatment expansion project to 12 mgd has been divided into three phases. Phase 1 is currently 90% designed with an anticipated bid advertisement in late 2021. The scope of this phase focuses on the treatment components such as: Installation of addition inlet raw water strainers (pre-filters) Two additional membrane filtration units Modifications to existing membrane filters to include filter-to-waste capabilities in accordance with regulatory requirements Process backwash water residuals treatment and recycling system Various plant operational improvements. Phase 2 of the WPWTP Expansion Project focuses on expanding the pumping capacity that will push the treated water into the pipe distribution system. This includes: Adding one pump at the Intake Pump Station, and electrical power redundancy Adding a booster pump station with additional Pressure Zone 3 pumps Converting the existing WPWTP backup generator to backup power for the Intake Pump Station Adding a new backup generator dedicated to the WPWTP Other improvements include construction of a surge protection system, and a new solids drying bed to supplement the residuals treatment and recycling system provided as part of the Phase 1 project These Phase 2 upgrades directly relate to other current capital improvement projects, including: Zone 3 Water Storage Reservoir Water Transmission Main to Zone 3 Page 303 of 385 Phase 3 of the WPWTP Expansion will include addition of a new intake and Zone 3 distribution pumps to further increase system component redundancy and conveyance reliability. A separate agreement with RH2 will be forthcoming for the design of the Phase 3 improvements when funding is secured. V. DISCUSSION: With the City experiencing increased potable water demands as a result of rapid population and industrial growth, the City contracted with RH2 Engineering, Inc. RH2) in June 2020 to provide professional engineering services to increase the WPWTP capacity from 6 million mgd to 12 MGD. RH2's engineering services include preliminary design, definitive design, and permitting associated with these improvements. The design of the Phase 1 improvements are nearly complete and RH2 is ready to begin design of the Phase 2 improvements. Attached is the scope of work for the Phase 2 work. Staff recommends approval of the Professional Services agreement with RH2 Engineering, Inc. for the WPWTP Expansion Phase 2 project in the amount of 544,192.00. Page 304 of 385 Resolution – PSA with RH2 Engineering, Inc WPWTP Expansion Phase 2 Project - 1 RESOLUTION NO. _________ A RESOLUTION AUTHORIZING EXECUTION OF THE PROFESSIONAL SERVICES AGREEMENT BY THE CITY MANAGER WITH RH2 ENGINEERING, INC. FOR THE DESIGN OF THE WEST PASCO WATER TREATMENT PLANT EXPANSION PHASE 2 PROJECT. WHEREAS, the City of Pasco, Washington requires professional services from an engineering firm for the purpose of design services for the West Pasco Water Treatment Plant WPWTP) Expansion Phase 2 Project; and WHEREAS, the City of Pasco published an announcement of its Request for Qualifications (RFQ) related to its need for professional services of design services for the expansion of West Pasco Water Treatment Plant as required by RCW 39.80.030; and WHEREAS, the City is implementing the expansion of the West Pasco Water Treatment Plant in three (3) Phases; and WHEREAS, the City of Pasco reviewed and scored four responses that were received and determined RH2 Engineering, Inc to be the most highly qualified pursuant to RCW 39.80.040; and WHEREAS, the City of Pasco, pursuant to RCW 39.80.050(1), has negotiated a fair and reasonable PSA with RH2 Engineering, Inc. based on the estimated value of the services including their scope, complexity, and professional nature; and WHEREAS, the City of Pasco hereby finds that RH2 Engineering, Inc. is the most highly qualified firm to perform the necessary design services for the WPWTP Expansion Phase 2 Project, and the negotiated contract is both fair and reasonable, for an amount not to exceed $544,192.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City Manager for the City of Pasco is hereby authorized to execute the Professional Services Agreement with RH2 Engineering, Inc., a copy of which is attached hereto, and incorporated herein by reference as Exhibit A; and to make minor substantive changes as necessary to execute the Agreement; and Be It Further Resolved that this Resolution shall be in full force and effect upon adoption. Page 305 of 385 Resolution – PSA with RH2 Engineering, Inc WPWTP Expansion Phase 2 Project - 2 PASSED by the City Council of the City of Pasco, Washington, this ___ day of October, 2021. Saul Martinez Mayor ATTEST: APPROVED AS TO FORM: Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Page 306 of 385 Professional Services Agreement – RH2 Engineering, Inc. Agreement No. 21-047 West Pasco Water Treatment Plant Expansion – Phase 2 Page 1 of 10 PROFESSIONAL SERVICES AGREEMENT West Pasco Water Treatment Plant Expansion – Phase 2 (12MGD) Agreement No. 21-047 THIS AGREEMENT is made and entered into between the City of Pasco, a Washington Municipal Corporation, hereinafter referred to as “City”, and RH2 Engineering, Inc., hereinafter referred to as “Consultant,” on the _______ day of _________________, 2021. RECITALS WHEREAS, the City desires to have certain services and/or tasks performed as set forth below requiring specialized skills, training, equipment, and other supportive capabilities; and WHEREAS, the Consultant represents that it is qualified and possesses sufficient skills, experience, equipment, and necessary capabilities, including: technical and professional expertise, when required, to perform the services and/or tasks as set forth in this Agreement upon which the City is relying. WHEREAS, the City has, consistent with RCW 39.80, published an announcement related to its need for Architectural and Engineering services, evaluated Consultant’s current performance data, and has determined that Consultant is the most highly qualified firm to perform the Architectural and Engineering services related to the West Pasco Water Treatment Plant Expansion – Phase 2 project; and WHEREAS, the City’s Public Works Director finds that the Agreement with Consultant is both fair and reasonable in light of the duties to be performed, the Consultant’s performance data, and the nature and complexity of the project. NOW, THEREFORE, in consideration of the mutual covenants, and performances contained herein, the parties agree as follows: 1. Scope of Services. The Consultant shall perform such services and accomplish such tasks, including the furnishing of all labor, materials, facilities and equipment necessary for full performance thereof, as identified and designated as Consultant’s Responsibilities throughout this Agreement, and as more particularly described in Scope of Work detailed in Exhibit A, attached hereto and incorporated herein (the “Project”). 2. Term. This Project shall begin on the execution date listed above and promptly be completed by 12/31/2023. 3. Compensation and Payment. 3.1 Payment for services provided hereunder shall be made following the performance of such services. Such payment shall be full compensation for work performed or Page 307 of 385 Professional Services Agreement – RH2 Engineering, Inc. Agreement No. 21-047 West Pasco Water Treatment Plant Expansion – Phase 2 Page 2 of 10 services rendered, and for all labor, materials, supplies, equipment, and incidentals necessary to complete the Project. 3.2 No payment shall be made for any services rendered by the Consultant except for services identified and set forth in this Agreement except as may be authorized by a written supplemental agreement approved by the City. 3.3 The City shall pay the Consultant for work performed under this Agreement upon timely submitted invoices detailing work performed and expenses for which reimbursement is sought. The City shall approve all invoices before payment is issued. Payment shall occur within thirty (30) days of receipt and approval of an invoice. 3.4 The City shall pay the Consultant for all work performed and expenses incurred under this Agreement, as follows. Hourly (Multiple Rate): Such rates as identified on Exhibit B, plus actual expenses incurred as provided under this Agreement, but not to exceed a total of $544,192.00 without the prior written authorization by the City. 4. Reports and Inspections. 4.1 The Consultant at such times and in such forms as the City may require, shall furnish to the City such statements, records, studies, surveys, reports, data, and information as the City may request pertaining to matters covered by this Agreement. 4.2 The Consultant shall, at any time during normal business hours and as often as the City or the Washington State Auditor may reasonably deem necessary, make available for examination all of its records and data with respect to all matters covered, directly or indirectly, by this Agreement and shall permit the City, or its designated authorized representative to audit and inspect other data relating to all matters covered by this Agreement. The City shall receive a copy of all audit reports made by the agency or firm as to the Consultant’s activities. The City may, at its discretion, conduct an audit at its expense, using its own or outside auditors, of the Consultant’s activities which relate, directly or indirectly, to this Agreement. Consultant shall be provided a copy of such reports. 4.3 The Consultant, during the term of this Agreement, shall obtain all permits and registration documents necessary for the performance of its work and for the execution of services at its own expense, and shall maintain its validity. Upon request, the Consultant shall deliver to the City copies of these licenses, registration documents, and permits or proof of their issuance or renewal. 4.4 Consultant shall maintain books, records and documents, which sufficiently and properly reflect all direct and indirect costs related to the performance of this Page 308 of 385 Professional Services Agreement – RH2 Engineering, Inc. Agreement No. 21-047 West Pasco Water Treatment Plant Expansion – Phase 2 Page 3 of 10 Agreement, and shall maintain such accounting procedures and practices as may be necessary to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review, or audit as provided above. 4.5 The Consultant shall retain all books, records, documents or other material relevant to this Agreement for three (3) years after its expiration. Consultant agrees that the City, or its designee, shall have full access and right to examine any of said materials at all reasonable times during this period. 5. Ownership and Use of Documents. 5.1 All research, tests, surveys, preliminary data, information, drawings and documents made, collected, or prepared by the Consultant for performing the services subject to this Agreement, as well as any final product, collectively referred to as “work product,” shall be deemed as the exclusive property of the City, including copyright as secured thereon. Consultant may not use them except in connection with the performance of the services under this Agreement or with the prior written consent of the City. Any prior copyrighted materials owned by the Consultant and utilized in the performance of the services under this Agreement, or embedded in with the materials, products and services provided thereunder, shall remain the property of the Consultant subject to a license granted to the City for their continued use of the products and services provided under this Agreement. Any work product used by the Consultant in the performance of these services which it deems as confidential,” “proprietary,” or a “trade secret” shall be conspicuously designated as such. 5.2 In the event of Consultant’s default, or in the event that this Agreement is terminated prior to its completion, the work product of the Consultant, along with a summary of the services performed to date of default or termination, shall become the property of the City, and tender of the work product and summary shall be a prerequisite to final payment under this Agreement. The summary of services provided shall be prepared at no additional cost, if the Agreement is terminated through default by the Consultant. If the Agreement is terminated through convenience by the City, the City agrees to pay Consultant for the preparation of the summary of services provided. 6. Public Records. 6.1 Consultant acknowledges that the City is an agency subject to Chapter 42.56 RCW Public Records Act.” All preliminary drafts or notes prepared or gathered by the Consultant, and recommendations of the Consultant are exempt prior to the acceptance by the City or public citation by the City in connection with City action. 6.2 If the Consultant becomes a custodian of public records of the City and request for such records is received by the City, the Consultant shall respond to the request by Page 309 of 385 Professional Services Agreement – RH2 Engineering, Inc. Agreement No. 21-047 West Pasco Water Treatment Plant Expansion – Phase 2 Page 4 of 10 the City for such records within five (5) business days by either providing the records, or by identifying in writing the additional time necessary to provide the records with a description of the reasons why additional time is needed. Such additional time shall not exceed twenty (20) business days unless extraordinary good cause is shown. 6.3 In the event the City receives a public records request for protected work product of the Consultant within its possession, the City shall, prior to the release of any protected work product or as a result of a public records request or subpoena, provide Consultant at least ten (10) business days prior written notice of the pending release and to reasonably cooperate with any legal action which may be initiated by the Consultant to enjoin or otherwise prevent such release. 7. Independent Contractor Relationship. 7.1 The parties intend that an independent contractor relationship is created by this Agreement. The City is interested primarily in the results to be achieved; subject to the scope of services and the specific requirements of this Agreement, the implementation of services will lie solely with the discretion of the Consultant. No agent, employee, officer or representative of the Consultant shall be deemed to be an employee, agent, officer, or representative of the City for any purpose, and the employees of the Consultant are not entitled to any of the benefits or privileges the City provides for its employees. The Consultant will be solely and entirely responsible for its acts and for the acts of its agents, employees, officers, subcontractors or representatives during the performance of this Agreement. 7.2 In the performance of the services provided in this Agreement, Consultant is an independent contractor with full authority to control and direct the performance of the details of the work, however, the results of the work contemplated herein must meet the approval of the City and shall be subject to the City’s general rights of inspection and review to secure the satisfactory completion thereof. 7.3 The Consultant shall comply with all State and Federal laws including, but not limited to: 7.3.1 The definition requirements of RCW 50.04.140 (Employment Security). 7.3.2 RCW 51.08.195 (Industrial Insurance). 7.3.3 Obtain a City of Pasco business license. 7.4 The City may, at its sole discretion, require the Consultant to remove any employee, agent or servant from employment on this Project who, in the City’s sole discretion, may be detrimental to the City’s interest. 8. Indemnification. Page 310 of 385 Professional Services Agreement – RH2 Engineering, Inc. Agreement No. 21-047 West Pasco Water Treatment Plant Expansion – Phase 2 Page 5 of 10 8.1 The Consultant shall defend, indemnify, and hold harmless the City, its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. 8.2 However, should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant, and the City, its officers, officials, employees, and volunteers, the Consultant’s liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant’s negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant’s waiver of immunity under Industrial Insurance, Title 51 RCW, solely for purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 8.3 No liability shall attach to the City by reason of entering into this Agreement except as expressly provided herein. 8.4 This indemnification shall include damages, penalties and attorney fees sustained as a result of Consultant’s delayed or failed performance of Section 6 above. 9. Insurance. The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, or subcontractors. The Consultant’s maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City’s recourse to any remedy available at law or in equity. 9.1 Minimum Scope of Insurance. Consultant shall obtain insurance of the types and coverage described below: 9.1.1 Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be at least as broad as Insurance Services Office (ISO) form CA 00 01. 9.1.2 Commercial General Liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop-gap independent contractors and personal injury and advertising injury. The City shall be named as an additional insured under the Consultant’s Commercial General Liability insurance policy with Page 311 of 385 Professional Services Agreement – RH2 Engineering, Inc. Agreement No. 21-047 West Pasco Water Treatment Plant Expansion – Phase 2 Page 6 of 10 respect to the work performed for the City using an additional insured endorsement at least as broad as ISO endorsement form CG 20 26. 9.1.3 Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 9.1.4 Professional Liability insurance appropriate to the Consultant’s profession. 9.2 Minimum Amounts of Insurance. Consultant shall maintain the following insurance limits: 9.2.1 Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 9.2.2 Commercial General Liability insurance shall be written with limits no less than: 2,000,000 each occurrence; and 2,000,000 general aggregate; 9.2.3 Professional Liability insurance shall be written with limits no less than: 2,000,000 per claim; and 2,000,000 policy aggregate limit; 9.3 Other Insurance Provision. The Consultant’s Automobile Liability, Professional Liability, and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance as respect the City. Any insurance, self-insurance, or self-insured pool coverage maintained by the City shall be excess of the Consultant’s insurance and shall not contribute with it. 9.3.1 The Consultant’s insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 9.4 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. 9.5 Verification of Coverage. Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including, but not necessarily limited to, the additional insured endorsement, evidencing the insurance requirements of the Agreement before commencement of the work. 9.6 Notice of Cancellation. The Consultant shall provide the City with written notice of any policy cancellation within two (2) business days of their receipt of such notice. Page 312 of 385 Professional Services Agreement – RH2 Engineering, Inc. Agreement No. 21-047 West Pasco Water Treatment Plant Expansion – Phase 2 Page 7 of 10 9.7 City Full Availability of Consultant Limits. If the Consultant maintains higher insurance limits than the minimums shown above, the City shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Consultant, irrespective of whether such limits maintained by the Consultant are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by the Consultant. 9.8 Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five (5) business days notice to the Consultant to correct the breach, immediately terminate the Agreement or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. 10. Nondiscrimination. In the performance of this Agreement, the Consultant will not discriminate against any employee or applicant for employment on the grounds of race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap; provided that the prohibition against discrimination in employment because of handicap shall not apply if the particular disability prevents the proper performance of the particular worker involved. The Consultant shall ensure that applicants are employed, and that employees are treated during employment in the performance of this Agreement without discrimination because of their race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap. Consultant shall take such action with respect to this Agreement as may be required to ensure full compliance with local, State and Federal laws prohibiting discrimination in employment. 11. Covenant Against Contingent Fees. The Consultant warrants that it has not employed nor retained any company, firm, or person, other than a bona fide employee working exclusively for the Consultant, to solicit or secure this Agreement; and that it has not paid or agreed to pay any company, person or firm, other than a bona fide employee working exclusively for the Consultant, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the City shall have the right to terminate this Agreement. 12. Assignment and Subcontracting. 12.1 The City has awarded this Agreement to the Consultant due to its unique qualifications to perform these services. The Consultant shall not assign (or subcontract other than as specifically identified in Exhibit A) its performance under this Agreement or any portions of this Agreement without the prior written consent Page 313 of 385 Professional Services Agreement – RH2 Engineering, Inc. Agreement No. 21-047 West Pasco Water Treatment Plant Expansion – Phase 2 Page 8 of 10 of the City, which consent must be sought at least thirty (30) days prior to the date of any proposed assignment. 12.2 Any work or services assigned or subcontracted hereunder shall be subject to each provision of this Agreement including Section 6, Public Records; Section 10, Nondiscrimination; proper bidding procedures where applicable; and all local, State and Federal statutes, ordinances and guidelines. 12.3 Any technical or professional service subcontract not listed in this Agreement, must have prior written approval by the City. 13. Termination. 13.1 Termination for Convenience. Either party may terminate this Agreement for any reason upon giving the other party no less than ten (10) business days written notice in advance of the effective date of such termination. 13.2 Termination for Cause. If the Consultant fails to perform in the manner called for in this Agreement, or if the Consultant fails to comply with any other provisions of this Agreement and fails to correct such noncompliance within five (5) business days of written notice thereof, the City may terminate this Agreement for cause. Termination shall be effected by serving a notice of termination on the Consultant setting forth the manner in which the Consultant is in default. The Consultant will only be paid for services and expenses complying with the terms of this Agreement, incurred prior to termination. 14. General Provisions. 14.1 For the purpose of this Agreement, time is of the essence. 14.2 Notice. Notice provided for in this Agreement shall be sent by: 14.2.1 Personal service upon the Project Administrators; or 14.2.2 Certified mail to the physical address of the parties, or by electronic transmission to the e-mail addresses designated for the parties below. 14.3 The Project Administrator for the purpose of this Agreement shall be: 14.3.1 For the City: Brittany Whitfield, P.E., or his/her designee Senior Engineer 525 North 3rd PO Box 293 Pasco WA 99301 WhitfieldB@pasco-wa.gov (e-mail address) Page 314 of 385 Professional Services Agreement – RH2 Engineering, Inc. Agreement No. 21-047 West Pasco Water Treatment Plant Expansion – Phase 2 Page 9 of 10 14.3.2 For the Consultant: Paul Cross, P.E., or his/her designee Project Manager – Principal 114 Columbia Point Dr., Suite C Richland, WA 99352 pcross@rh2.com (e-mail address) 15. Dispute Resolution. 15.1 This Agreement has been and shall be construed as having been made and entered into and delivered within the State of Washington and it is agreed by each party hereto that this Agreement shall be governed by the laws of the State of Washington. 15.2 In the event of a dispute regarding the enforcement, breach, default, or interpretation of this Agreement, the Project Administrators, or their designees, shall first meet in a good faith effort to resolve such dispute. In the event the dispute cannot be resolved by agreement of the parties, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, with both parties waiving the right of a jury trial upon trial de novo, with venue placed in Pasco, Franklin County, Washington. The substantially prevailing party shall be entitled to its reasonable attorney fees and costs as additional award and judgment against the other. 16. Nonwaiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other similar event or other provision of this Agreement. 17. Integration. This Agreement between the parties consists in its entirety of this document and any exhibits, schedules or attachments. Any modification of this Agreement or change order affecting this Agreement shall be in writing and signed by both parties. 18. Authorization. By signature below, each party warrants that they are authorized and empowered to execute this Agreement binding the City and the Consultant respectively. Page 315 of 385 Professional Services Agreement – RH2 Engineering, Inc. Agreement No. 21-047 West Pasco Water Treatment Plant Expansion – Phase 2 Page 10 of 10 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. CITY OF PASCO, WASHINGTON CONSULTANT Dave Zabell – City Manager Paul Cross, PE – Principal ATTEST: Debra C. Barham, City Clerk APPROVED AS TO FORM: Kerr Ferguson Law, PLLC, City Attorney Page 316 of 385 1 Scope of Work City of Pasco West Pasco Water Treatment Plant 12 MGD Expansion Phase II Design September 2021 Background The City of Pasco (City) is growing rapidly, and its potable water demands are increasing with population growth and local industries. The City has two water treatment plants on opposite ends of its distribution system. While these plants can accommodate current and short-term peak demands together, individual plant capacity must increase to meet the City’s 20-year planning projection. The West Pasco Water Treatment Plant (WPWTP) was designed to accommodate equipment expansion within the facility, and this is a cost-effective way for the City to handle growth. Phase I of the WPWTP Expansion consisted of the design of the treatment plant to increase capacity from 6 million gallons per day (MGD) to 12 MGD. The design included installation of additional strainers and membrane filtration units, filter-to-waste capabilities, a process residuals treatment and recycling system, and various plant operational improvements. Phase II is proposed to include adding pumping capacity and electrical power redundancy by adding one pump at the Intake Pump Station (IPS), adding a booster pump station (BPS) with additional Zone 3 pumps, adding a solids drying bed, converting the existing WPWTP backup generator to backup power for the IPS, and adding a new 2-megawatt generator dedicated to the WPWTP. In the last phase of improvements, Phase III (installing one additional IPS pump and at least one Zone 3 pump), the City will have the infrastructure in place to proceed with the full buildout of the WPWTP to a capacity of 18 MGD. This Scope of Work pertains to the design and permitting for Phase II Improvements. Phase II: Task 1 – Design Task 2 – Permitting Task 3 – Project Administration and Management Future Tasks: Task 4 – Services During Bidding Task 5 – Services During Construction Phase II Task 1 – Design Objective: Prepare plan and specification documents required for a complete set of bid documents. Provide conceptual plans to the City at the 30 -percent milestone for review and feedback. Provide EXHIBIT A Page 317 of 385 City of Pasco West Pasco Water Treatment Plant 12 MGD Expansion Exhibit A Phase II Design Scope of Work 2 plans, specifications, and cost estimate at the 60-percent and 90-percent milestones for review and feedback. Finalize documents for bidding. Approach: Prepare 30-Percent Conceptual Design: Prepare a 30-percent conceptual design technical memorandum that includes sizing and selecting pumps and electrical equipment based on two 2)design alternatives. The design alternatives include providing Zone 3 pumping rates of 12 MGD and up to 24 MGD. Provide a hydraulic assessment of the proposed improvements with the 30-percent package, including a surge and transient analysis on the Zone 3 BPS. Submit 30-percent technical memorandum and conceptual designs to the City. Prepare meeting agenda and attend one (1) meeting with the City to discuss 30-percent review comments. Prepare meeting minutes. Prepare General Plans: Prepare the cover sheet, general information drawings, and phasing plan drawing(s). Prepare Site/Civil Design: Prepare site/civil plan drawings showing existing site and facility layouts, temporary erosion control and construction measures and layouts, site grading improvements, proposed facility layouts, surface improvements, and utility improvements. Site design will include solids drying beds. Civil design will be based on geotechnical information developed during Phase I design. Coordinate with City staff and a subconsultant to perform potholing at RH2-identified locations on the WPWTP site to assess location and depth of existing utilities. This subtask assumes up to ten (10) potholing locations; potholes will be approximately 10 feet deep. Prepare Mechanical Design: Prepare process and mechanical drawings showing proposed pipe routing and equipment installation. Size piping and size and select equipment and pumps. Prepare design of surge protection devices recommended as part of the IPS transient analyses, including coordination with a surge tank vendor for selecting proposed improvements. Prepare minor mechanical design, including fluoridation feed and monitoring for Zone 3 . Prepare heating, ventilation, and air conditioning design. Develop Tracer Study Plan: Review contact time infrastructure, water quality, and chemical feed systems and develop a plan to test and prove surface water contaminant inactivation ratios for the range of normal operating scenarios. This will include detailed steps to conduct a tracer study to measure hydraulic residence time throughout the infrastructure when operating at 6 MGD, 12 MGD, and 18 MGD (projected). Prepare Structural Design: Prepare structural design, calculations, and details for the proposed pump station and ancillary supports and structures. Perform site visit to observe the condition of the existing site and structures. Prepare Electrical and Telemetry Design: Prepare electrical, instrumentation, and control design, including electrical distribution design, conversion of plant standby generator design, Page 318 of 385 City of Pasco West Pasco Water Treatment Plant 12 MGD Expansion Exhibit A Phase II Design Scope of Work 3 process and instrumentation control, and telemetry systems to interface with the City’s existing system. Prepare Construction Phasing Plan: Prepare a phasing plan for the construction of the planned system improvements to maintain operation of the WPWTP throughout construction. Identify periods when construction can occur, when unit processes of the WPWTP would need to be shut down, and how the treatment plant can maintain operation during construction. Prepare Specifications: Develop non-technical (front-end) and technical specifications. Provide the advertisement for bids, instructions to bidders, general conditions, construction contract, insurance provisions, and other typical forms used for the bidding and engagement of public works contracts. Prepare Division 1 (general) through Division 18 (measurement and payment) of the technical specifications. It is assumed that the front-end documents will be based on City-provided bid forms and construction contract documents and modified by RH2. It is assumed that RH2 will use its modified Construction Specification Institute (CSI) specifications for the technical portion of the specifications. Prepare Engineer’s Opinion of Probable Construction Cost: Prepare Engineer’s opinion of probable construction cost (OPCC) based on 60- and 90-percent design documents. Submit 60-Percent Design Documents to City: Submit the 60-percent design plans, specifications, and OPCC to the City. Prepare meeting agenda and attend one (1) meeting with the City to discuss 60-percent review comments. Prepare meeting minutes. Incorporate City comments into the design. Submit 90-Percent Design Documents to City: Submit the 90-percent design plans, specifications, and OPCC to the City. Prepare meeting agenda and attend one (1) meeting with the City to discuss 90-percent review comments. Prepare meeting minutes. Review and respond to City’s third-party review of the 90-percent design documents. Incorporate City comments into the design. Perform Internal Quality Assurance and Quality Control: Perform internal quality assurance and quality control (QA/QC) review of the 90-percent design plans and specifications. Prepare Bid-Ready Design Documents: Incorporate final comments and permitting conditions into the plans and specifications. Prepare bid -ready plans and specifications and a final OPCC. Assumptions: RH2 will rely upon the accuracy and completeness of information, data, and materials generated or produced by the City or others in relation to this Scope of Work. Intake Pump Station design assumes additional pumps will be added with minimal mechanical improvements and no structural or site/civil improvements needed. Surge mitigation tank(s) and associated mechanical improvements are assumed to be located inside the existing IPS. No exterior improvements or additional structures to house these improvements are included in this Scope of Work. Page 319 of 385 City of Pasco West Pasco Water Treatment Plant 12 MGD Expansion Exhibit A Phase II Design Scope of Work 4 No additional on-site stormwater design will be required. BPS driveway will connect to the existing (or proposed Phase I improvement) driveway within 200 feet of the BPS. BPS discharge pipeline length will be within 200 feet of the proposed BPS. Downstream transmission main design will be provided by others in a separate contract. The proposed pump station will be located on the WPWTP site and will be a slab-on-grade CMU block structure covered by a wood truss roof with metal decking. Following the completion of the two (2) 30-percent conceptual designs (subtask 1.1), the City will identify the preferred design alternative to be utilized in the subsequent design phases. Only one (1) design concept will be progressed through the 60-percent, 90-percent, and bid-ready milestones. All meetings will occur at the City’s WPWTP facility or at City Hall. Phone or video conference meetings may occur if mutually acceptable to all parties. Provided by City: City bid forms and construction contract documents in MS Word format. Selection of the preferred design alternative for utilization beyond the 30 -percent design milestone. Markings of existing utilities and site access for the potholing subconsultant. Staff and equipment to excavate and backfill during potholing. Attendance at the 30-, 60-, and 90-percent design review meetings. Written review comments on the 30-, 60-, and 90-percent design documents. Input regarding WPWTP shutdowns and construction phasing. RH2 Deliverables: Electronic PDF of the 30-percent technical memorandum and hydraulic assessment. Two (2) hardcopy 30-percent design conceptual half-size plans. Coordination with potholing subconsultant. Electronic PDF of the tracer study plan. Electronic PDF of the construction phasing plan. Electronic PDF of the 60-percent design plans, specifications, and OPCC estimate. Electronic PDF of the 90-percent design plans, specifications, and OPCC estimate. Attendance at 30-, 60-, and 90-percent design review meetings. 30-, 60-, and 90-percent design review meeting agenda and minutes. Electronic PDF of the bid-ready plans, specifications, and OPCC estimate. Page 320 of 385 City of Pasco West Pasco Water Treatment Plant 12 MGD Expansion Exhibit A Phase II Design Scope of Work 5 Task 2 – Permitting Objective: Assist the City in obtaining permits to address environmental, site, building code, and Washington State Department of Health (DOH) requirements. The following permits/approvals are expected based on RH2’s experience with Phase I permitting and current understanding: DOH Project Report. DOH Construction Documents Review. DOH Drinking Water State Revolving Fund (DWSRF) Environmental Compliance Support. City of Pasco Shoreline Substantial Development Permit (SSDP). City of Pasco Site Development Permit (SDP). City of Pasco Building Permit. Approach: Prepare and Submit Project Report to DOH: Prepare DOH Project Report and accompanying application. Provide draft to the City for review and comment. Revise Project Report and application to address City comments. Submit the final Project Report to DOH. Compose a letter responding to review comments from DOH, if necessary. Prepare and Submit Construction Documents to DOH: Prepare application with construction documents for DOH. Provide draft application package to the City for review and comment. Revise to address City comments. Submit the finalized construction documents to DOH. Compose a letter responding to review comments from DOH, if necessary. Support DWSRF Funding Environmental Compliance: Provide up to twenty (20) hours of support time to the City during environmental compliance documentation for DWSRF funding. The City is presently working with DOH on environmental and cultural compliance documentation for Phase I improvements. The project State Environmental Policy Act (SEPA) and Cultural Resources Survey (CRS), prepared by RH2 and Cultural Resource Consultants, LLC, (CRC), respectively, in spring 2021 are anticipated to cover improvements for Phases II and III as well. This subtask is scoped conservatively to support the City, as needed, in meeting anticipated Phase II funding requirements. Attend Pre-Application Meeting: Prepare for and attend City’s pre-application meeting to discuss Phase II improvements, confirm anticipated local project permits, and discuss submittal processes. It is assumed up to three (3) RH2 staff will attend the pre-application meeting along with City project staff. Prepare and Submit SSDP Application: Prepare SSDP application, including site plans. Provide draft application to the City for review and comment. Revise the SSDP application based on City staff comments. Submit final SSDP application to City Planning staff for publication and decision components. Page 321 of 385 City of Pasco West Pasco Water Treatment Plant 12 MGD Expansion Exhibit A Phase II Design Scope of Work 6 Prepare and Submit City SDP: Prepare application for SDP submittal based on the 90-percent design stage. Provide draft application to the City for review and comment. Revise with City comments and submit to City Planning staff for review. Respond to one (1) resubmittal request, as needed. Prepare and Submit City Building Permit: Prepare application for Building Permit submittal based on the 90-percent design stage. Develop energy code calculations. Prepare and submit the structural calculations performed in the previous tasks for Building Permit submittal. Provide draft application to the City for review and comment. Revise with City comments and submit to City Building staff for review. Respond to one (1) resubmittal request, as needed. Provide Other Permitting Coordination: Provide up to twenty (20) hours of support to the City during permitting reviews/approvals, as requested. Provide up to four (4) sets of design documents to the City for permitting applications. Assumptions: The City will be the applicant for permit applications and RH2 will act as the City’s agent. The City will pay all permit fees. Acceptance of permit submittals is beyond the control of RH2 and the City, and no date is warranted or implied for DOH response or acceptance. There will be only one (1) round of review comments from DOH for each submittal. There will only be one (1) round of review comments from the City for SDP or Building Permit materials. No Washington State Department of Ecology National Pollutant Discharge Elimination System permits are necessary. Right-of-Way permits, if determined to be needed for construction, will be applied for and obtained by the City directly. The SEPA prepared and processed in spring through summer 2021 addresses Phase II improvements; a new SEPA Checklist will not be warranted and has not been scoped. The CRS prepared and processed in spring through fall 2021 addresses Phase II improvements; a new or amended CRS will not be needed and has not been scoped. Although the improvements at the IPS are minor in nature, they will be considered development and not repair or replacement for the purposes of Shoreline Master Program compliance. Consequently, RH2 has scoped a SSDP. If the City determines the project can apply for SSDP exemption, the effort involved in subtask 2.5 can be reduced to facilitate exemption request and City processing instead. No federal permitting, approvals, or coordination is needed for the project. Page 322 of 385 City of Pasco West Pasco Water Treatment Plant 12 MGD Expansion Exhibit A Phase II Design Scope of Work 7 Provided by City: Payment of all permit application fees. Attendance at City pre-application meeting. Review and comment on draft permit application packages. Assistance with City permit submittals/staff coordination, as needed, to facilitate permit submittals and reviews. RH2 Deliverables: Electronic PDF of the draft, and electronic and two (2) hard copies of the final Project Report and application for DOH submittal. Electronic PDF of the draft, and electronic and two (2) hard copies of the final construction documents with half-size plans and application for DOH submittal. Electronic PDF and up to two (2) hard copies each of letter response to DOH comments on the Project Report and construction documents, if needed. Electronic PDF of draft and final pre-application meeting package, and attendance by up to three (3) RH2 staff at pre-application meeting with City. Electronic PDF of the draft, and electronic and up to four (4) hard copies of the SSDP application package, including duplicates for the City. Electronic PDF of the draft, and electronic and up to four (4) hard copies of the SDP application package, including duplicates for the City. Electronic PDF of the draft, and electronic and up to four (4) hard copies of the Building Permit application package, including duplicates for the City. Electronic submittals of permit applications. Task 3 – Project Administration and Management Objective: Administer, manage, and monitor the RH2 project team, resources, communications, scope progress, budget, files, and records. Approach: Review and monitor project progress/schedule, scope, and budget. Manage the RH2 project team and resources. Provide monthly invoices with progress reports documenting work performed and budget status. Communicate with the City regarding project progress, invoicing, and schedule. Maintain project files and records in electronic format. Page 323 of 385 City of Pasco West Pasco Water Treatment Plant 12 MGD Expansion Exhibit A Phase II Design Scope of Work 8 Assist the City in preparing the DWSRF loan application for the Phase II improvements. This subtask includes forty (40) hours of staff time. If the City requests additional assistance with the loan application, a contract amendment may be necessary. RH2 Deliverables: Electronic PDF of the schedule, scope, and budget administration and management. Project team and resource management. Electronic PDF of the monthly invoices with progress reporting. Communication with City. Assistance with DWSRF loan application. Page 324 of 385 EXHIBIT B Fee Estimate City of Pasco West Pasco Water Treatment Plant 12 MGD Expansion Phase II Design Sep-21 Description Total Hours Total Labor Total Subconsultant Total Expense Total Cost Classification Task 1 Design 2428 412,168$ 11,500$ 39,023$ 462,691$ Task 2 Permitting 242 42,874$ -$ 3,164$ 46,038$ Task 3 Project Administration and Management 172 34,570$ -$ 893$ 35,463$ PROJECT TOTAL 2842 489,612$ 11,500$ 43,080$ 544,192$ Page 325 of 385 RATE LIST RATE UNIT Professional I $144 $/hr Professional II $157 $/hr Professional III $169 $/hr Professional IV $187 $/hr Professional V $198 $/hr Professional VI $214 $/hr Professional VII $226 $/hr Professional VIII $235 $/hr Professional IX $235 $/hr Control Specialist I $130 $/hr Control Specialist II $141 $/hr Control Specialist III $154 $/hr Control Specialist IV $169 $/hr Control Specialist V $179 $/hr Control Specialist VI $191 $/hr Control Specialist VII $204 $/hr Control Specialist VIII $214 $/hr Technician I $108 $/hr Technician II $119 $/hr Technician III $136 $/hr Technician IV $145 $/hr Technician V $160 $/hr Technician VI $175 $/hr Technician VII $189 $/hr Technician VIII $198 $/hr Administrative I $72 $/hr Administrative II $84 $/hr Administrative III $99 $/hr Administrative IV $118 $/hr Administrative V $139 $/hr CAD/GIS System $27.50 $/hr CAD Plots - Half Size $2.50 price per plot CAD Plots - Full Size $10.00 price per plot CAD Plots - Large $25.00 price per plot Copies (bw) 8.5" X 11"$0.09 price per copy Copies (bw) 8.5" X 14"$0.14 price per copy Copies (bw) 11" X 17"$0.20 price per copy Copies (color) 8.5" X 11"$0.90 price per copy Copies (color) 8.5" X 14"$1.20 price per copy Copies (color) 11" X 17"$2.00 price per copy Technology Charge 2.50%% of Direct Labor Mileage $0.560 price per mile or Current IRS Rate) Subconsultants 15%Cost + Outside Services at cost RH2 ENGINEERING, INC. 2021 SCHEDULE OF RATES AND CHARGES Rates listed are adjusted annually. The aggregate rate increase is limited to 3% annually.Page 326 of 385 AGENDA REPORT FOR: City Council September 21, 2021 TO: Dave Zabell, City Manager City Council Regular Meeting: 10/4/21 FROM: Steve Worley, Director Public Works SUBJECT: *Resolution - Professional Services Agreement with RH2 Engineering for Design Services for Transmission Main - West Pasco Water Treatment Plant to Zone 3 Project I. REFERENCE(S): Resolution Professional Services Agreement II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. _______, authorizing execution of the RH2withCitytheManagerAgreementbyServicesProfessional Engineering, Inc. for the design of the Transmission Main - West Pasco Water Treatment Plant to Zone 3 project. III. FISCAL IMPACT: Professional Services Agreement: $552,005.00 Funded by Water Utility rates. IV. HISTORY AND FACTS BRIEF: The 2019 Comprehensive Water System Plan (CWSP) identified the water system needs for the future growth anticipated in the west Broadmoor and northwest Urban Growth Area (UGA). However, with the recent increase in population projections, the larger extent of the now-adopted UGA, the proposed land uses in the new UGA, and the significant addition of near-term industrial growth (i.e., Darigold), a subsequent water system evaluation was performed in 2021 that incorporated this new information and re -identified water system needs. The 2021 water system capacity evaluation identified the need for water distribution system improvements and pressure zone reconfigurations. In Page 327 of 385 conjunction with the expansion of the West Pasco Water Treatment Plant WPWTP) currently underway, (which will double the existing treatment capacity to 12.0 million gallons per day (mgd)) the design and construction of a water transmission main is needed to convey increased water volumes from the WPWTP to Zone 3 of the City's water distribution system. Zone 3 is the highest elevation zone in the City's water system and provides water for the northern areas of the City. This transmission main also helps supply water from the WPWTP to the proposed Zone 3 Water Storage Reservoir. V. DISCUSSION: City of Pasco went through a formal consultant selection process for the Transmission Main – WPWTP to Zone 3 project in September 2021. The scope of the project includes the following: Design a of a new non-dedicated transmission water main and associated appurtenances. Routing of the new main from the WPWTP proposed distribution pump station to two connection points within the City’s pressure Zone 3 system. Replacement of an existing 16-inch ductile iron water main along Chapel Hill Boulevard to the Broadmoor Boulevard intersection and continuing to St. Thomas Drive may need to be replaced with a 24 -inch water main as part of this project. After reviewing Statements of Qualifications and interviewing three engineering firms, qualifiedmostbetothewas (RH2) EngineeringRH2 determined consultant for the design services for this project. The size and location of the Transmission Main - WPWTP to Zone 3 is very closely related to the final location and design of the Zone 3 Water Storage Reservoir project, which has yet to be determined. The future water reservoir could be located either north of Burns Road or near the WPWTP. Therefore, RH2's attached scope of work for Transmission Main - WPWTP to Zone 3 project includes up to 30% design of two (2) alternatives for size and location based on the two possible locations of the new water reservoir. This strategy allows both projects (transmission main and reservoir) to move forward without delay. As soon as final decisions are made regarding the location of the reservoir project, the appropriate alternative for the transmission main project will move forward to final design and construction. This approach helps ensure the City meets its goal of having both of these projects completed by September 2023. includingimprovementssystemwaterplannedZoneAll the3 WPWTP Expansion, Zone 3 Storage Reservoir, and this Transmission Main project will Page 328 of 385 provide adequate supply, increased reliability and improved redundancy to all existing and new customers in this zone. Staff recommends approval of the Professional Services agreement with RH2 Engineering, Inc. for design services for the Transmission Main - WPWTP Treatment Plant to Zone 3 project in the amount of $552,005.00. Page 329 of 385 Resolution – PSA with RH2 Engineering, Inc Transmission Main to the WPWTP to Zone 3 Project - 1 RESOLUTION NO. _________ A RESOLUTION AUTHORIZING EXECUTION OF THE PROFESSIONAL SERVICES AGREEMENT BY THE CITY MANAGER WITH RH2 ENGINEERING, INC. FOR THE DESIGN OF THE TRANSMISSION MAIN - WEST PASCO WATER TREATMENT PLANT TO ZONE 3 PROJECT. WHEREAS, the City of Pasco, Washington requires professional services from an engineering firm for the purpose of design services for the Transmission Main to the West Pasco Water Treatment Plant (WPWTP) to Zone 3 Project; and WHEREAS, the City of Pasco published an announcement of its Request for Qualifications (RFQ) related to its need for professional services of design services as required by RCW 39.80.030; and WHEREAS, the City of Pasco reviewed and scored three responses that were received and determined RH2 Engineering, Inc to be the most highly qualified pursuant to RCW 39.80.040; and WHEREAS, the City of Pasco, pursuant to RCW 39.80.050(1), has negotiated a fair and reasonable PSA with RH2 Engineering, Inc. based on the estimated value of the services including their scope, complexity, and professional nature; and WHEREAS, the City of Pasco hereby finds that RH2 Engineering, Inc. is the most highly qualified firm to perform the necessary design services for the Transmission Main to the WPWTP to Zone 3 Project, and the negotiated contract is both fair and reasonable, for an amount not to exceed $552,005.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City Manager for the City of Pasco is hereby authorized to execute the Professional Services Agreement with RH2 Engineering, Inc., a copy of which is attached hereto, and incorporated herein by reference as Exhibit A; and to make minor substantive changes as necessary to execute the Agreement; and Be It Further Resolved that this Resolution shall be in full force and effect upon adoption. Page 330 of 385 Resolution – PSA with RH2 Engineering, Inc Transmission Main to the WPWTP to Zone 3 Project - 2 PASSED by the City Council of the City of Pasco, Washington, this ___ day of October, 2021. Saul Martinez Mayor ATTEST: APPROVED AS TO FORM: Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Page 331 of 385 Professional Services Agreement – RH2 Engineering, Inc. Agreement No. 21-048 Transmission Main – West Pasco Water Treatment Plant (WPWTP) to Zone 3 Page 1 of 10 PROFESSIONAL SERVICES AGREEMENT 21238 – Transmission Main – West Pasco Water Treatment Plant (WPWTP) to Zone 3 Agreement No. 21-048 THIS AGREEMENT is made and entered into between the City of Pasco, a Washington Municipal Corporation, hereinafter referred to as “City”, and RH2 Engineering, Inc., hereinafter referred to as “Consultant,” on the _______ day of _________________, 2021. RECITALS WHEREAS, the City desires to have certain services and/or tasks performed as set forth below requiring specialized skills, training, equipment, and other supportive capabilities; and WHEREAS, the Consultant represents that it is qualified and possesses sufficient skills, experience, equipment, and necessary capabilities, including: technical and professional expertise, when required, to perform the services and/or tasks as set forth in this Agreement upon which the City is relying. WHEREAS, the City has, consistent with RCW 39.80, published an announcement related to its need for Architectural and Engineering services, evaluated Consultant’s current performance data, and has determined that Consultant is the most highly qualified firm to perform the Architectural and Engineering services related to the Transmission Main – West Pasco Water Treatment Plant (WPWTP) to Zone 3 project; and WHEREAS, the City’s Public Works Director finds that the Agreement with Consultant is both fair and reasonable in light of the duties to be performed, the Consultant’s performance data, and the nature and complexity of the project. NOW, THEREFORE, in consideration of the mutual covenants, and performances contained herein, the parties agree as follows: 1. Scope of Services. The Consultant shall perform such services and accomplish such tasks, including the furnishing of all labor, materials, facilities and equipment necessary for full performance thereof, as identified and designated as Consultant’s Responsibilities throughout this Agreement, and as more particularly described in Scope of Work detailed in Exhibit A, attached hereto and incorporated herein (the “Project”). 2. Term. This Project shall begin on the execution date listed above and promptly be completed by 12/31/2023. 3. Compensation and Payment. 3.1 Payment for services provided hereunder shall be made following the performance of such services. Such payment shall be full compensation for work performed or Page 332 of 385 Professional Services Agreement – RH2 Engineering, Inc. Agreement No. 21-048 Transmission Main – West Pasco Water Treatment Plant (WPWTP) to Zone 3 Page 2 of 10 services rendered, and for all labor, materials, supplies, equipment, and incidentals necessary to complete the Project. 3.2 No payment shall be made for any services rendered by the Consultant except for services identified and set forth in this Agreement except as may be authorized by a written supplemental agreement approved by the City. 3.3 The City shall pay the Consultant for work performed under this Agreement upon timely submitted invoices detailing work performed and expenses for which reimbursement is sought. The City shall approve all invoices before payment is issued. Payment shall occur within thirty (30) days of receipt and approval of an invoice. 3.4 The City shall pay the Consultant for all work performed and expenses incurred under this Agreement, as follows. Hourly (Multiple Rate): Such rates as identified on Exhibit B, plus actual expenses incurred as provided under this Agreement, but not to exceed a total of $552,005.00 without the prior written authorization by the City.. 4. Reports and Inspections. 4.1 The Consultant at such times and in such forms as the City may require, shall furnish to the City such statements, records, studies, surveys, reports, data, and information as the City may request pertaining to matters covered by this Agreement. 4.2 The Consultant shall, at any time during normal business hours and as often as the City or the Washington State Auditor may reasonably deem necessary, make available for examination all of its records and data with respect to all matters covered, directly or indirectly, by this Agreement and shall permit the City, or its designated authorized representative to audit and inspect other data relating to all matters covered by this Agreement. The City shall receive a copy of all audit reports made by the agency or firm as to the Consultant’s activities. The City may, at its discretion, conduct an audit at its expense, using its own or outside auditors, of the Consultant’s activities which relate, directly or indirectly, to this Agreement. Consultant shall be provided a copy of such reports. 4.3 The Consultant, during the term of this Agreement, shall obtain all permits and registration documents necessary for the performance of its work and for the execution of services at its own expense, and shall maintain its validity. Upon request, the Consultant shall deliver to the City copies of these licenses, registration documents, and permits or proof of their issuance or renewal. 4.4 Consultant shall maintain books, records and documents, which sufficiently and properly reflect all direct and indirect costs related to the performance of this Page 333 of 385 Professional Services Agreement – RH2 Engineering, Inc. Agreement No. 21-048 Transmission Main – West Pasco Water Treatment Plant (WPWTP) to Zone 3 Page 3 of 10 Agreement, and shall maintain such accounting procedures and practices as may be necessary to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review, or audit as provided above. 4.5 The Consultant shall retain all books, records, documents or other material relevant to this Agreement for three (3) years after its expiration. Consultant agrees that the City, or its designee, shall have full access and right to examine any of said materials at all reasonable times during this period. 5. Ownership and Use of Documents. 5.1 All research, tests, surveys, preliminary data, information, drawings and documents made, collected, or prepared by the Consultant for performing the services subject to this Agreement, as well as any final product, collectively referred to as “work product,” shall be deemed as the exclusive property of the City, including copyright as secured thereon. Consultant may not use them except in connection with the performance of the services under this Agreement or with the prior written consent of the City. Any prior copyrighted materials owned by the Consultant and utilized in the performance of the services under this Agreement, or embedded in with the materials, products and services provided thereunder, shall remain the property of the Consultant subject to a license granted to the City for their continued use of the products and services provided under this Agreement. Any work product used by the Consultant in the performance of these services which it deems as confidential,” “proprietary,” or a “trade secret” shall be conspicuously designated as such. 5.2 In the event of Consultant’s default, or in the event that this Agreement is terminated prior to its completion, the work product of the Consultant, along with a summary of the services performed to date of default or termination, shall become the property of the City, and tender of the work product and summary shall be a prerequisite to final payment under this Agreement. The summary of services provided shall be prepared at no additional cost, if the Agreement is terminated through default by the Consultant. If the Agreement is terminated through convenience by the City, the City agrees to pay Consultant for the preparation of the summary of services provided. 6. Public Records. 6.1 Consultant acknowledges that the City is an agency subject to Chapter 42.56 RCW Public Records Act.” All preliminary drafts or notes prepared or gathered by the Consultant, and recommendations of the Consultant are exempt prior to the acceptance by the City or public citation by the City in connection with City action. 6.2 If the Consultant becomes a custodian of public records of the City and request for such records is received by the City, the Consultant shall respond to the request by Page 334 of 385 Professional Services Agreement – RH2 Engineering, Inc. Agreement No. 21-048 Transmission Main – West Pasco Water Treatment Plant (WPWTP) to Zone 3 Page 4 of 10 the City for such records within five (5) business days by either providing the records, or by identifying in writing the additional time necessary to provide the records with a description of the reasons why additional time is needed. Such additional time shall not exceed twenty (20) business days unless extraordinary good cause is shown. 6.3 In the event the City receives a public records request for protected work product of the Consultant within its possession, the City shall, prior to the release of any protected work product or as a result of a public records request or subpoena, provide Consultant at least ten (10) business days prior written notice of the pending release and to reasonably cooperate with any legal action which may be initiated by the Consultant to enjoin or otherwise prevent such release. 7. Independent Contractor Relationship. 7.1 The parties intend that an independent contractor relationship is created by this Agreement. The City is interested primarily in the results to be achieved; subject to the scope of services and the specific requirements of this Agreement, the implementation of services will lie solely with the discretion of the Consultant. No agent, employee, officer or representative of the Consultant shall be deemed to be an employee, agent, officer, or representative of the City for any purpose, and the employees of the Consultant are not entitled to any of the benefits or privileges the City provides for its employees. The Consultant will be solely and entirely responsible for its acts and for the acts of its agents, employees, officers, subcontractors or representatives during the performance of this Agreement. 7.2 In the performance of the services provided in this Agreement, Consultant is an independent contractor with full authority to control and direct the performance of the details of the work, however, the results of the work contemplated herein must meet the approval of the City and shall be subject to the City’s general rights of inspection and review to secure the satisfactory completion thereof. 7.3 The Consultant shall comply with all State and Federal laws including, but not limited to: 7.3.1 The definition requirements of RCW 50.04.140 (Employment Security). 7.3.2 RCW 51.08.195 (Industrial Insurance). 7.3.3 Obtain a City of Pasco business license. 7.4 The City may, at its sole discretion, require the Consultant to remove any employee, agent or servant from employment on this Project who, in the City’s sole discretion, may be detrimental to the City’s interest. 8. Indemnification. Page 335 of 385 Professional Services Agreement – RH2 Engineering, Inc. Agreement No. 21-048 Transmission Main – West Pasco Water Treatment Plant (WPWTP) to Zone 3 Page 5 of 10 8.1 The Consultant shall defend, indemnify, and hold harmless the City, its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. 8.2 However, should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant, and the City, its officers, officials, employees, and volunteers, the Consultant’s liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant’s negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant’s waiver of immunity under Industrial Insurance, Title 51 RCW, solely for purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 8.3 No liability shall attach to the City by reason of entering into this Agreement except as expressly provided herein. 8.4 This indemnification shall include damages, penalties and attorney fees sustained as a result of Consultant’s delayed or failed performance of Section 6 above. 9. Insurance. The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, or subcontractors. The Consultant’s maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City’s recourse to any remedy available at law or in equity. 9.1 Minimum Scope of Insurance. Consultant shall obtain insurance of the types and coverage described below: 9.1.1 Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be at least as broad as Insurance Services Office (ISO) form CA 00 01. 9.1.2 Commercial General Liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop-gap independent contractors and personal injury and advertising injury. The City shall be named as an additional insured under the Consultant’s Commercial General Liability insurance policy with Page 336 of 385 Professional Services Agreement – RH2 Engineering, Inc. Agreement No. 21-048 Transmission Main – West Pasco Water Treatment Plant (WPWTP) to Zone 3 Page 6 of 10 respect to the work performed for the City using an additional insured endorsement at least as broad as ISO endorsement form CG 20 26. 9.1.3 Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 9.1.4 Professional Liability insurance appropriate to the Consultant’s profession. 9.2 Minimum Amounts of Insurance. Consultant shall maintain the following insurance limits: 9.2.1 Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 9.2.2 Commercial General Liability insurance shall be written with limits no less than: 2,000,000 each occurrence; and 2,000,000 general aggregate; 9.2.3 Professional Liability insurance shall be written with limits no less than: 2,000,000 per claim; and 2,000,000 policy aggregate limit; 9.3 Other Insurance Provision. The Consultant’s Automobile Liability, Professional Liability, and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance as respect the City. Any insurance, self-insurance, or self-insured pool coverage maintained by the City shall be excess of the Consultant’s insurance and shall not contribute with it. 9.3.1 The Consultant’s insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 9.4 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. 9.5 Verification of Coverage. Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including, but not necessarily limited to, the additional insured endorsement, evidencing the insurance requirements of the Agreement before commencement of the work. 9.6 Notice of Cancellation. The Consultant shall provide the City with written notice of any policy cancellation within two (2) business days of their receipt of such notice. Page 337 of 385 Professional Services Agreement – RH2 Engineering, Inc. Agreement No. 21-048 Transmission Main – West Pasco Water Treatment Plant (WPWTP) to Zone 3 Page 7 of 10 9.7 City Full Availability of Consultant Limits. If the Consultant maintains higher insurance limits than the minimums shown above, the City shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Consultant, irrespective of whether such limits maintained by the Consultant are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by the Consultant. 9.8 Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five (5) business days notice to the Consultant to correct the breach, immediately terminate the Agreement or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. 10. Nondiscrimination. In the performance of this Agreement, the Consultant will not discriminate against any employee or applicant for employment on the grounds of race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap; provided that the prohibition against discrimination in employment because of handicap shall not apply if the particular disability prevents the proper performance of the particular worker involved. The Consultant shall ensure that applicants are employed, and that employees are treated during employment in the performance of this Agreement without discrimination because of their race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap. Consultant shall take such action with respect to this Agreement as may be required to ensure full compliance with local, State and Federal laws prohibiting discrimination in employment. 11. Covenant Against Contingent Fees. The Consultant warrants that it has not employed nor retained any company, firm, or person, other than a bona fide employee working exclusively for the Consultant, to solicit or secure this Agreement; and that it has not paid or agreed to pay any company, person or firm, other than a bona fide employee working exclusively for the Consultant, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the City shall have the right to terminate this Agreement. 12. Assignment and Subcontracting. 12.1 The City has awarded this Agreement to the Consultant due to its unique qualifications to perform these services. The Consultant shall not assign (or subcontract other than as specifically identified in Exhibit A) its performance under this Agreement or any portions of this Agreement without the prior written consent Page 338 of 385 Professional Services Agreement – RH2 Engineering, Inc. Agreement No. 21-048 Transmission Main – West Pasco Water Treatment Plant (WPWTP) to Zone 3 Page 8 of 10 of the City, which consent must be sought at least thirty (30) days prior to the date of any proposed assignment. 12.2 Any work or services assigned or subcontracted hereunder shall be subject to each provision of this Agreement including Section 6, Public Records; Section 10, Nondiscrimination; proper bidding procedures where applicable; and all local, State and Federal statutes, ordinances and guidelines. 12.3 Any technical or professional service subcontract not listed in this Agreement, must have prior written approval by the City. 13. Termination. 13.1 Termination for Convenience. Either party may terminate this Agreement for any reason upon giving the other party no less than ten (10) business days written notice in advance of the effective date of such termination. 13.2 Termination for Cause. If the Consultant fails to perform in the manner called for in this Agreement, or if the Consultant fails to comply with any other provisions of this Agreement and fails to correct such noncompliance within five (5) business days of written notice thereof, the City may terminate this Agreement for cause. Termination shall be effected by serving a notice of termination on the Consultant setting forth the manner in which the Consultant is in default. The Consultant will only be paid for services and expenses complying with the terms of this Agreement, incurred prior to termination. 14. General Provisions. 14.1 For the purpose of this Agreement, time is of the essence. 14.2 Notice. Notice provided for in this Agreement shall be sent by: 14.2.1 Personal service upon the Project Administrators; or 14.2.2 Certified mail to the physical address of the parties, or by electronic transmission to the e-mail addresses designated for the parties below. 14.3 The Project Administrator for the purpose of this Agreement shall be: 14.3.1 For the City: Brittany Whitfield, P.E., or his/her designee Senior Engineer 525 North 3rd PO Box 293 Pasco WA 99301 WhitfieldB@pasco-wa.gov (e-mail address) Page 339 of 385 Professional Services Agreement – RH2 Engineering, Inc. Agreement No. 21-048 Transmission Main – West Pasco Water Treatment Plant (WPWTP) to Zone 3 Page 9 of 10 14.3.2 For the Consultant: Paul Cross, P.E., or his/her designee Project Manager – Principal 114 Columbia Point Dr., Suite C Richland, WA 99352 pcross@rh2.com (e-mail address) 15. Dispute Resolution. 15.1 This Agreement has been and shall be construed as having been made and entered into and delivered within the State of Washington and it is agreed by each party hereto that this Agreement shall be governed by the laws of the State of Washington. 15.2 In the event of a dispute regarding the enforcement, breach, default, or interpretation of this Agreement, the Project Administrators, or their designees, shall first meet in a good faith effort to resolve such dispute. In the event the dispute cannot be resolved by agreement of the parties, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, with both parties waiving the right of a jury trial upon trial de novo, with venue placed in Pasco, Franklin County, Washington. The substantially prevailing party shall be entitled to its reasonable attorney fees and costs as additional award and judgment against the other. 16. Nonwaiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other similar event or other provision of this Agreement. 17. Integration. This Agreement between the parties consists in its entirety of this document and any exhibits, schedules or attachments. Any modification of this Agreement or change order affecting this Agreement shall be in writing and signed by both parties. 18. Authorization. By signature below, each party warrants that they are authorized and empowered to execute this Agreement binding the City and the Consultant respectively. Page 340 of 385 Professional Services Agreement – RH2 Engineering, Inc. Agreement No. 21-048 Transmission Main – West Pasco Water Treatment Plant (WPWTP) to Zone 3 Page 10 of 10 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. CITY OF PASCO, WASHINGTON CONSULTANT Dave Zabell – City Manager Paul Cross, PE – Principal ATTEST: Debra C. Barham, City Clerk APPROVED AS TO FORM: Kerr Ferguson Law, PLLC, City Attorney Page 341 of 385 1 Scope of Work City of Pasco Transmission Main – West Pasco Water Treatment Plant to Zone 3 September 2021 Background The City of Pasco (City) has retained RH2 Engineering, Inc., (RH2) to design a new non-dedicated transmission water main and associated appurtenances from the West Pasco Water Treatment Plant WPWTP) proposed pump station to two connections in the City’s Zone 3 system. In addition, a section of existing 16-inch ductile iron water main along Chapel Hill Boulevard to the intersection with Broadmoor Boulevard and continuing to St. Thomas Drive may be replaced with 24-inch water main as part of this project. Tasks to complete this project are outlined in this Scope of Work. Task 1 – Project Management Objective: Manage RH2’s project team and maintain frequent client communications. Maintain project schedules and prepare monthly invoices and budget status summaries. Approach: Provide direction, coordination, and oversight to the RH2 project team. Organize, manage, and coordinate technical disciplines as described herein, and implement quality assurance and quality control (QA/QC) reviews to execute this Scope of Work in close coordination with City staff. Document and retain information generated during the execution of the project. Prepare monthly invoices and budget status summaries. Prepare for and attend progress meetings with City staff as requested. Prepare meeting agenda and minutes. A total of three (3) progress meetings are assumed in the Fee Estimate, inclusive of an in-person kick-off meeting at City Hall, in addition to the other milestone and review meetings identified elsewhere in this Scope of Work. Create, maintain, and update a project design schedule. Monitor, modify, and update the project schedule throughout the design phase to determine potential impacts of proposed changes. Adjust the schedule to reflect the current status of the project and revisions made to this Scope of Work. RH2 Deliverables: Monthly invoices and budget status summaries in electronic PDF. Meeting agendas and minutes in electronic PDF. Project schedule updates in electronic PDF. EXHIBIT A Page 342 of 385 City of Pasco Exhibit A Transmission Main – West Pasco Water Treatment Plant to Zone 3 Scope of Work 2 Task 2 – Subsurface Investigation and Preliminary Design Objective: Obtain existing site information from available as-built drawings provided by the City. Obtain subsurface data relevant to this project. Analyze water main size and develop construction cost estimates for the water main replacement. Approach: Confirm the proposed connection points to the City’s water system for the project based on as-built information, and kick-off meeting preferences and expectations from City staff. Coordinate with City staff and a subconsultant to perform a geotechnical investigation, coring, and potholing along the proposed alignment to assess soils, asphalt depth and thickness, and depth of existing utilities. This subtask assumes up to ten (10) potholing and three (3) coring locations; potholes will be approximately 10 feet deep, and cores will be approximately 5 feet deep. Review available construction records, asphalt coring logs, as-built information, and potholes. Perform a visual observation of the pipeline routes to confirm the interfering utility data obtained from the City to the degree possible by surface observation. Collect additional site data relating to the interfering utilities. Provide up to eight (8) hours of RH2 staff time to perform desktop investigations to assist with determining permitting requirements for the Franklin County Irrigation District (FCID) and Interstate 182 (I-182) crossings and any utility relocation required for the project. Provide an analysis of proposed water main size, including hydraulic modeling, for two (2) different flow scenarios and summarize the findings in a technical memorandum. Approximately forty (40) hours of RH2 staff time are anticipated for modeling and field review. No model calibration is anticipated for this effort. Prepare a geotechnical memorandum on geotechnical findings and recommendations on soil conditions, trench cross sections, and constructability issues. Attend one (1) meeting with City staff to review findings, receive staff comments, and confirm the extents of the improvements. Meeting is assumed to be a virtual Teams meeting. Assumptions: RH2 will rely upon the accuracy and completeness of information, data, and materials generated or produced by the City or others in relation to this Scope of Work. Provided by the City: Construction and as-built records, as available, for the water main alignment. Backhoe and operator for geotechnical investigation and surface restoration. Potholing coordination with other utility operators. Page 343 of 385 City of Pasco Exhibit A Transmission Main – West Pasco Water Treatment Plant to Zone 3 Scope of Work 3 Attendance at one (1) meeting to review findings, confirm extents of improvements, and provide comments. RH2 Deliverables: Coordination with coring and potholing subconsultant. Summary of potential permitting requirements for the FCID crossings. Technical memorandum summarizing the construction recommendations, including pipe size and material selection, in electronic PDF. Geotechnical memorandum summarizing geotechnical findings in electronic PDF. Attendance at one (1) meeting to review findings, confirm extents of improvements, and discuss City staff comments. Task 3 – Topographic Survey and Easements Objective: Coordinate with a professional land surveyor as a subconsultant to RH2 to provide the vertical and horizontal control and topographical mapping necessary for design of the water main replacements. Approach: Contract with a licensed surveyor to provide horizontal and vertical survey control and topographic information, including surface features, underground utilities, topography, roadway, utility alignments, rights-of-way, and property lines and easements to be provided on a USB drive in a format compatible with AutoCAD 2021 and RH2 standards. Format survey data for use in AutoCAD 2021. Create base map for project design using RH2 standards. Coordinate with the surveyor to obtain additional subsurface utility information (utility locates will be performed by a private firm). Coordinate with City and FCID staff to provide utility potholing to determine utility depths. Incorporate findings into the plans. Prepare legal descriptions and exhibit maps required for final documents for up to five (5) properties where easements are required and/or for the license agreement with FCID. Assumptions: Survey to include full right-of-way width, identify sidewalk infill areas, include future Costco driveway approach, and include high survey density at 60-foot cross sections for overlay, sidewalk, and driveway approach work. Survey to include 30 feet plus on either side of the alignment and connection points. Legal descriptions will include the preparation of a black and white original prepared for each easement that meets Franklin County recording requirements. Page 344 of 385 City of Pasco Exhibit A Transmission Main – West Pasco Water Treatment Plant to Zone 3 Scope of Work Provided by the City: Markings of existing utilities. RH2 Deliverables: Field survey formatted for AutoCAD 2021. Base map for design documents. Legal descriptions and exhibits maps for up to five (5) properties in electronic PDF. Task 4 – Prepare Preliminary Design Alternatives Objective: Prepare 30-percent construction drawings that illustrate the proposed water main and restoration improvements to the City’s water system. Prepare the design alternatives based upon up to two (2) concepts regarding the location and capacity of the pump station on the WPWTP site. Approach: 4.1 Prepare preliminary site plans for the two (2) assumed pump station locations. 4.2 Prepare two (2) preliminary designs of the City’s proposed water main improvements for this project. Plans will be provided at 1-inch equals 30 feet horizontal scale and 1-inch equals 5 feet vertical scale. 4.3 Deliver review plan sets and attend one (1) preliminary design meeting with City staff to review the two (2) preliminary designs and obtain City comments on the design options and a preferred alternative to use in the preparation of the construction documents. Assumptions: It is assumed that the preliminary design alternatives, pump station locations, and capacity of each alternative will be directed by the City at the kick-off meeting in Task 2. Meeting is assumed to take place at City Hall. Provided by City: Attendance at meeting for 30-percent design review. RH2 Deliverables: Four (4) sets of half-size plans for City review: two (2) for each 30-percent design alternative. Meeting agenda and minutes for the preliminary design meeting in electronic PDF. Attendance at one (1) preliminary design meeting. Task 5 – Prepare Construction Documents Objective: Prepare construction drawings that illustrate the proposed water main and restoration improvements to the City’s water system. 4 Page 345 of 385 City of Pasco Exhibit A Transmission Main – West Pasco Water Treatment Plant to Zone 3 Scope of Work 5 Approach: Revise preliminary design plans from 30- percent to 60-percent and internal QA/QC comments. Develop details of temporary testing configurations and final configurations of connections to the City’s existing water system. Develop design criteria for dewatering and trench backfill. Prepare and provide standard construction details. Develop I-182 crossing and Chapel Hill Boulevard design concepts and details. Develop notes on the plans as necessary to clarify the proposed improvements, including general construction notes. Perform a site visit with City staff to confirm details of the preliminary alignment and roadway restoration requirements. Prepare a Stormwater Pollution Prevention Plan. Prepare a Traffic Control Plan. Deliver review plan sets and attend three (3) preliminary design meetings with City staff to review and obtain staff comments: one (1) review set and meeting at 30-percent design completion; one (1) review set and meeting at 60-percent design completion; and one 1)review set and meeting at 90-percent design completion. Prepare meeting agendas and minutes for each design review meeting. Specifications prepared in Task 6 also will be provided for City review at the 60- and 90-percent design meetings. Perform internal QA/QC review of the preliminary design plan sets at the 60-percent and 90-percent design completion phases. Revise preliminary design plans (from 60 percent to 90 percent) per City and internal QA/QC review comments. Assumptions: It is assumed that the new water main will be placed in the westbound travel lane of Chapel Hill Boulevard and roadway restoration details will be necessary. Temporary water services may be required. Meetings are assumed to take place at City Hall. Provided by City: Attendance at a site visit with RH2 staff to confirm details of preliminary alignment and road restoration requirements. Attendance at meetings for 60-, and 90-percent design review. RH2 Deliverables: Stormwater Pollution Protection Plan in electronic PDF. Page 346 of 385 City of Pasco Exhibit A Transmission Main – West Pasco Water Treatment Plant to Zone 3 Scope of Work 6 Traffic Control Plan in electronic PDF. Six (6) sets of half-size plans for City review: two (2) for 30-percent design completion; two 2) for 60-percent design completion; and two (2) for 90-percent design completion. Meeting agendas and minutes for each design review meeting in electronic PDF. Attendance at a site visit and three (3) design review meetings. Task 6 – Prepare Specifications and Bid Quantities Objective: Complete technical specifications and construction contract documents necessary to solicit competitive bids for construction. Approach: Prepare specifications using RH2’s standard technical specifications. Update the City’s standard construction contract documents to include language specific to the bidder qualification requirements. Prepare and provide 60-percent construction contract documents and technical specifications for City review. Revise construction contract documents and technical specifications per City 60-percent review comments. Submit 90-percent complete technical specifications and construction contract documents to City for review. Provide an internal QA/QC review on the 90-percent technical specifications and construction contract documents. Prepare an Engineer’s Estimate of probable construction cost for both alternatives at 30- percent, 60-percent, and 90-percent design. Assumptions: Specifications will follow Washington State Department of Transportation (WSDOT) format with RH2 Amendments. Provided by City: Standard construction contract documents. Attendance at meetings with RH2 staff to provide comments and information on 60- and 90-percent specifications and construction contract documents. RH2 Deliverables: Engineer’s Estimate of probable construction cost at 30-, 60-, and 90-percent design in electronic PDF. Page 347 of 385 City of Pasco Exhibit A Transmission Main – West Pasco Water Treatment Plant to Zone 3 Scope of Work 7 Technical specifications and construction contract documents for City review at the 60-percent and 90-percent design stages in electronic PDF. Task 7 – Permitting Assistance, Right-of-Way Acquisition, and Cultural Review Objective: Provide technical assistance to the City during the permitting and public outreach process. Approach: Prepare State Environmental Policy Act (SEPA) checklist for City review and processing. Provide City with plans and figures to convey the scope of this project to stakeholders and property owners that may be affected, including supportive drawings and simple conceptual plans. Provide one (1) real estate appraisal for each property from which an interest is to be acquired, for up to three (3) properties. Work performed by subconsultant hired by Tierra Contract with Tierra Right of Way Services, Ltd., (Tierra) for acquisition advisory services for up to three (3) right-of-way (ROW) files, including obtaining preliminary title reports, working with the title company to clear title encumbrances or making the offer subject to clearing title encumbrances, preparing Offer Packets and Final Report Packets for each property, obtaining escrow services, and coordinating closing transactions. Coordinate with property owners to obtain rights-of-entry (ROEs) for topographic survey, cultural survey, and geotechnical investigation access. Any hours needed in excess of twelve (12) hours for these services are outside of this Scope of Work and will be negotiated as part of an amendment to this scope of work. Assist City staff with project information to inform the stakeholders and City Council about the project. It is assumed that this subtask will be completed by the City using its billing program to identify adjacent properties. RH2 will support this effort as requested. Prepare project information plans and provide a PDF copy for the City to reproduce. Prepare exhibits and attend two (2) public meetings at City Hall to present information about the replacement project. Attend up to ten (10) additional virtual meetings with the City and individual property owners as requested. Twenty (20) hours are anticipated for this subtask. All meetings are assumed to take place via phone or video. Contract with Cultural Resource Consultants, LLC, (CRC) to perform background research, tribal contact, field observation, and final reporting documentation to identify archaeological and historical resources in accordance with Washington State Department of Archaeology and Historic Preservation (DAHP) guidelines. Assumptions: No WSDOT permits will be required for the I-182 crossing. Page 348 of 385 City of Pasco Exhibit A Transmission Main – West Pasco Water Treatment Plant to Zone 3 Scope of Work 8 The City shall be responsible for and take the lead on submitting all permitting submittals and paying the associated fees. The City will assist RH2 with supplying information required for the SEPA Checklist to the extent that information is accessible to the City. The City will process the SEPA application, if needed. Stormwater and ROW permits will be required and will be prepared and processed by the City. The term “properties” shall be understood to mean property that constitutes the “larger parcel” as described in the WSDOT Right-of-Way Manual. The City will order and pay for the necessary title commitments, which is necessary to confirm ownerships before offers and negotiations are conducted and prior to recording any conveyance documents. Tierra will provide written notice to owners of the planned appraisal inspections. The property owners will be invited to accompany the appraiser on any inspection of the property for appraisal purposes. Special benefits, if any, must be quantified by the appraiser whether there are any compensable damages to the property. All ROW shall be acquired in the name of the City. Offers will be made on City letterhead and will include City contact information, acquisition and relocation brochures, offer-benefit letter, acquisition and relocation summary statements, conveyance documents, exhibits, a copy of the appraisal, map of acquisition, instruments of conveyance, and W-9 form (if money is exchanged). o If the offer is accepted, Tierra will obtain escrow services from a local title company for permanent acquisitions and coordinate closing transactions between the title company and the City. All signed Temporary Construction Easements will be forwarded to the City for processing. o If a counteroffer is received and accepted, Tierra shall prepare a justification letter supporting Administrative Settlement for the City’s acquisition file. o If an acceptable agreement is not reached, Epic shall prepare a Recommendation for Condemnation. Tierra shall review the Report of Personal Interview for each file. The Report of Personal Interview must include contact with property owners, owners’ attorneys, and occupants; efforts to achieve amicable settlements; owners' suggestions for changes in plans; responses to owners' counterproposals, etc. There are no Residential or Non-Residential relocations or personal property relocations. Negotiation services are not included. Page 349 of 385 City of Pasco Exhibit A Transmission Main – West Pasco Water Treatment Plant to Zone 3 Scope of Work 9 The City will perform first contact with property owners and provide contact information to RH2 to coordinate ROEs. Escrow services and title insurance are necessary for permanent acquisitions only. The Fee Estimate assumes that there will be five (5) files with permanent easements. Temporary Construction Easements will not be recorded. This Scope of Work includes no biological assessments, and it is assumed that there are no burrowing owl nests along the project alignment. Cultural survey costs are based on a preliminary alignment and may change if the alignment is lengthened or significantly altered. Cultural survey costs assume properties are clear of excess vegetation so that archaeologists will be able to walk appropriately spaced transects with minimal path clearing. Cultural costs assume that no more than one (1) unrecorded archaeological site or one (1) unrecorded historic site will be identified within the project area. It would be necessary to adjust the fee estimate if additional sites are found. The fee estimate was prepared with the assumption that no more than twenty (20) shovel test probes would be excavated. If extensive archaeological deposits are encountered or if additional shovel test probes are warranted within the project area, it may be necessary to modify this Scope of Work to accommodate additional investigations for purposes of site identification. This Scope of Work does not include additional services for impact mitigation regarding archaeological or historic sites. If human remains are found within the project area, all cultural field investigations will cease immediately, proper authorities will be notified, and field investigations will not resume until applicable state laws are addressed. CRC assumes the City will submit the report to DAHP within fifteen (15) days of receipt of said report for review. CRC cannot be held liable for reports prepared but not submitted to DAHP in a timely manner. Additional fees may apply for additional services required as part of DAHP’s review process for reports submitted more than fifteen (15) days after receipt. No cultural resources study can wholly eliminate uncertainty regarding the potential for prehistoric sites, historic properties, or traditional cultural pro perties to be associated with a project. The information presented in reports is based on experience and professional opinions derived from the analysis and interpretation of the documents, records, literature, and information identified and used within the report, and during field investigations. The conclusions and recommendations presented will apply to the project conditions existing at the time of the study and those reasonably foreseeable. No engineering report will be required for Washington State Department of Health review and approval. Page 350 of 385 City of Pasco Exhibit A Transmission Main – West Pasco Water Treatment Plant to Zone 3 Scope of Work 10 Provided by City: Submittal of permit applications and payment of permit application fees. Parcel Title Reports and payment for title reports, escrow and recording fees. Easement negotiations, if necessary. Coordination with the public. Postage and submittal of project information mailings. Organize and lead public outreach meetings. RH2 Deliverables: SEPA checklist in electronic PDF. Rights of entry for topographic surveys and geotechnical review in electronic PDF. Exhibits for public meetings in electronic PDF. Project information plans in electronic PDF. Attendance at two (2) public meetings with stakeholders and property owners, as requested. Attendance at up to ten (10) virtual meetings with City and individual property owners. One (1) exhibit map and legal description in electronic PDF per property for up to five (5) properties. Up to five (5) appraisals in electronic PDF. Up to three (3) Offer Packets for review and signature by the City. Up to three (3) Final Report Packets for each file for payment and conveyance of title and recording to the City. Up to three (3) Recommendations for Condemnation, if applicable. One (1) cultural resources assessment report in electronic PDF. Task 8 – Bid-Ready Plans, Specifications, and Construction Contract Documents Objective: Prepare construction plans and specifications for bidding of up to two (2) construction contracts as separate bids: one (1) on the north side of I-182 and one (1) on the south side of I-182. Approach: Perform a detailed in-house QA/QC engineering review of the construction design plans and specifications for quality and conformance to project requirements and City standards for each construction contract. Submit 99-percent plans, specifications, and construction contract documents to the City for final review or for City’s signature for each construction contract. Page 351 of 385 City of Pasco Exhibit A Transmission Main – West Pasco Water Treatment Plant to Zone 3 Scope of Work 11 Revise plans, specifications, and construction contract documents for each construction contract per the in-house review and City input, if any. It is assumed the revisions to the 99- percent documents, if any, will be minor. Finalize the Engineer’s Estimate of probable construction cost based on the bid-ready design plans for each construction contract. For each construction contract, prepare bid-ready plans, specifications, and construction contract documents for bidding. Provided by City: Review comments and information to prepare bid-ready plans, specifications, and construction contract documents. RH2 Deliverables: 99-percent plans, specifications, and construction contract documents for City review and signature, if needed, in electronic PDF. Five (5) hardcopy sets of bid-ready documents: two (2) sets for City use and bidding purposes; and three (3) sets for RH2 files and staff use during bidding. Plan s will be shown at 1-inch equals 30 feet on 11-inch by 17-inch sheets. It is assumed that each plan set will consist of forty (40) sheets maximum. Bid-ready construction contract documents and plan set in electronic PDF. Plans will be shown at 1-inch equals 30 feet on 22-inch by 34-inch sheets. Task 9 – Services During Bidding Objective: Provide engineering assistance throughout the bidding phase to prepare required documentation and respond to contractor questions. Perform the following tasks for up to two (2) construction contracts bid at separate times. Approach: Provide PDF to the City and submit bid package to an online plan center (i.e., QuestCDN). Prepare bid advertisement and coordinate the timing and placement of the bid advertisement with the City. The City will submit the advertisement to the appropriate publications and pay any advertising fees. Attend one (1) pre-bid walkthrough with prospective bidders. Respond to contractor or supplier technical questions during bidding. Prepare up to three (3) addenda when determined necessary to clarify, revise, or change the construction plans, technical specifications, or project conditions during the bid ding process. Review bids and assist the City with the evaluation of the qualifications and references for the apparent low bidder. The City will administer the bid opening and prepare the bid tabulation to verify total bid prices. The City will prepare and issue the project award recommendation letter. Page 352 of 385 City of Pasco Exhibit A Transmission Main – West Pasco Water Treatment Plant to Zone 3 Scope of Work 12 Create electronic conformed for construction contract documents for contractors, if necessary. Assumptions: It is assumed the City will be responsible for construction contract execution. It is assumed that the transmission lines and connections on the north and south side of I-182 may be constructed at different times and may not be bid at the same time depending upon the state of development of the raw land north of I-182 that could be subject to extensive grading. Provided by City: Submission of the advertisement to the appropriate publications and payment of fees. Attendance at pre-bid walkthrough with prospective bidders. Issuance of addenda as needed. Coordinate and administer the bid opening. Prepare bid tabulation and project award recommendation letter. RH2 Deliverables: Bid advertisement in electronic PDF. Attendance at pre-bid walkthrough. Responses to contractor or supplier questions via telephone or email. Up to three (3) addenda in electronic PDF. Conformed for construction contract documents in electronic PDF , if necessary. Task 10 – Services During Construction (Limited) Objective: Provide services during project construction to support the City. As the engineer of record, RH2 will perform at least one (1) site visit for observation of construction progress. While not onsite, RH2 will work with the City and its designated utility and special inspector to respond to technical questions and issues. It is anticipated the City will take the lead in inspection and construction contract administration and will handle day-to-day responsibilities. Approach: Assist the City for a maximum of one hundred twenty (120) hours to perform on -site observation and respond to contractor’s requests for information or change orders. Prepare construction record drawings for the project. Assumptions: It is assumed that the City will provide most services during construction. If the City determines it needs technical support from RH2, a maximum of one hundred twenty (120) hours to respond to contractor questions, observe construction activities, observe special inspections, Page 353 of 385 City of Pasco Exhibit A Transmission Main – West Pasco Water Treatment Plant to Zone 3 Scope of Work 13 or assist with change orders is provided in this Scope of Work and Fee Estimate. Effort for these services in excess of one hundred twenty (120) hours are outside of this Scope of Work and will be negotiated as part of an amendment to this Scope of Work. RH2 is not responsible for site safety or for directing the contractor in their work. RH2 Deliverables: Applicable field observation reports and documentation in electronic PDF. Construction record drawings in electronic PDF. Project Schedule RH2 will commence with design and permitting work upon notice to proceed from the City. It is anticipated that construction will commence by the beginning of November 2022 and will be completed by the end of April 2023. The schedule is contingent on finalizing the preferred alignment within three (3) months of notice to proceed. Page 354 of 385 EXHIBIT B Fee Estimate City of Pasco Transmission Main – West Pasco Water Treatment Plant to Zone 3 Sep-21 Description Total Hours Total Labor Total Subconsultant Total Expense Total Cost Classification Task 1 Project Management 90 16,458$ -$ 616$ 17,074$ Task 2 Subsurface Investigation and Preliminary Design 143 26,983$ 9,200$ 1,929$ 38,112$ Task 3 Topographic Survey and Easements 27 4,272$ 34,213$ 547$ 39,031$ Task 4 Prepare Prelminary Design Alternatives 296 44,804$ -$ 7,782$ 52,586$ Task 5 Prepare Construction Documents 1111 175,483$ -$ 26,572$ 202,055$ Task 6 Prepare Specifications and Bid Quantities 226 34,636$ -$ 4,001$ 38,637$ Task 7 Permitting Assistance, Right-of-Way Acquisition, and Cultural Review 145 24,631$ 68,883$ 3,629$ 97,142$ Task 8 Bid-Ready Plans, Specifications, and Construction Contract Documents 78 12,360$ -$ 2,047$ 14,407$ Task 9 Services During Bidding (2 Contracts)129 21,360$ -$ 1,725$ 23,085$ Task 10 Services During Construction (Limited)162 26,676$ -$ 3,200$ 29,876$ PROJECT TOTAL 2407 387,663$ 112,295$ 52,047$ 552,005$ Page 355 of 385 RATE LIST RATE UNIT Professional I $144 $/hr Professional II $157 $/hr Professional III $169 $/hr Professional IV $187 $/hr Professional V $198 $/hr Professional VI $214 $/hr Professional VII $226 $/hr Professional VIII $235 $/hr Professional IX $235 $/hr Control Specialist I $130 $/hr Control Specialist II $141 $/hr Control Specialist III $154 $/hr Control Specialist IV $169 $/hr Control Specialist V $179 $/hr Control Specialist VI $191 $/hr Control Specialist VII $204 $/hr Control Specialist VIII $214 $/hr Technician I $108 $/hr Technician II $119 $/hr Technician III $136 $/hr Technician IV $145 $/hr Technician V $160 $/hr Technician VI $175 $/hr Technician VII $189 $/hr Technician VIII $198 $/hr Administrative I $72 $/hr Administrative II $84 $/hr Administrative III $99 $/hr Administrative IV $118 $/hr Administrative V $139 $/hr CAD/GIS System $27.50 $/hr CAD Plots - Half Size $2.50 price per plot CAD Plots - Full Size $10.00 price per plot CAD Plots - Large $25.00 price per plot Copies (bw) 8.5" X 11"$0.09 price per copy Copies (bw) 8.5" X 14"$0.14 price per copy Copies (bw) 11" X 17"$0.20 price per copy Copies (color) 8.5" X 11"$0.90 price per copy Copies (color) 8.5" X 14"$1.20 price per copy Copies (color) 11" X 17"$2.00 price per copy Technology Charge 2.50%% of Direct Labor Mileage $0.560 price per mile or Current IRS Rate) Subconsultants 15%Cost + Outside Services at cost RH2 ENGINEERING, INC. 2021 SCHEDULE OF RATES AND CHARGES Rates listed are adjusted annually. Page 356 of 385 AGENDA REPORT FOR: City Council September 30, 2021 TO: Dave Zabell, City Manager City Council Regular Meeting: 10/4/21 FROM: Dave Zabell, City Manager Executive SUBJECT: Legislative and Congressional Redistricting Draft Plan Update I. REFERENCE(S): GTH Memorandum: 2021 WA ST Redistricting Commission Proposed Maps II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Status of Washington State Redistricting Efforts: Gordon Thomas Honeywell Governmental Affairs (GTH) Vice President Briahna Murray. III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: Per RCW 44.05.080 and as outlined on the Washington State Redistricting Commission website (https://www.redistricting.wa.gov/about-the-commission), following the federal decennial census, which occurs every ten years, the Washington State Redistricting Commission is convened with the charge to review and redraw the legislative and congressional districts to ensure that each legislative voting district represents an equal number of residents. The proposed legislative district maps were released on September 21, 2021. A consisting of Mayor Pro Tem Barajas andCouncilsubcommittee, Councilmembers Maloney and Roach, met with City and GTH staff to review the four (4) proposed district maps. A draft letter is included for consideration by Council, as are the four map proposal generated by the redistricting commission. V. DISCUSSION: Page 357 of 385 GTH Vice President Briahna Murray will provide an update regarding the Washington State redistricting and facilitate the Council discussion. Page 358 of 385 1201 Pacific Ave, Suite 2100 203 Maryland Ave., NE Tacoma, WA 98401 www.gth-gov.com Washington, DC 20002 Phone: (253) 620-6500 Phone: (202) 544-2681 Fax: (253) 620-6565 Fax: (202) 544-5763 To: City of Pasco, Redistricting Sub-Committee From: Briahna Murray, Vice President Holly Cocci, Governmental Affairs Consultant RE: 2021 Washington State Redistricting Commission Proposed Maps Date: September 27, 2021 Redistricting in Washington State Every ten years, following the federal census, a bipartisan Washington State Redistricting Commission is established to redraw legislative and congressional district boundaries to ensure each district represents an equal number of residents. The Commission is comprised of four commissioners appointed by caucus leaders and a chair chosen by the four appointed commissioners. The chair is a non-voting member. The Redistricting Commission’s work is guided by state law which requires that the final redistricting plan have districts that: 1) Contain population proportionality; 2) Coincide with the boundaries of local political subdivisions and areas recognized as communities of interest; 3) Are convenient, contiguous, and compact; and 4) Encourage electoral competition and do not favor or discriminate against any political party or group. The City of Pasco provided public comment to the Redistricting Commission at both public comment opportunities leading the release of the first proposed maps. Additionally, the City submitted a formal letter to the Commission (attached). Proposed Maps Proposed legislative district maps were released by each of the four commissioners on September 21st. According to the most recent US Census results, each legislative district (LD) has a population target of 157,241. Three out of the four proposals honor the city’s request in some regard. Below are links to the proposed maps, a summary of values reflected in each proposal, and a brief description of what each proposal means for the City of Pasco. April Sims – House Democrat Caucus Appointee – Proposed Map Commissioner Sims’ has stated that her proposed map incorporates the following values: protecting fair and effective representation, maintaining and creating communities of interest, respecting Tribal sovereignty, and engaging communities that have been historically underrepresented. This map creates nine majority Person of Color (POC) districts (the current map has two), incorporates Page 359 of 385 requests from Tribal Councils and unites cities that were previously divided. The map places the City of Pasco within the 16th LD exclusively. The proposed 16th LD maintains a portion of Walla Walla and ties Kennewick into the district. This meets the city’s request by including Kennewick into the same district at Pasco, while maintaining the connection to Walla Walla. Paul Graves – House Republican Caucus Appointee – Proposed Map Commissioner Graves has stated that his map focuses on communities of interest and is not drawn to favor either party or incumbents. It increases the overall number of competitive districts - those within three percent of 50/50 - to eleven, an increase from the current six swing districts. The map creates eight majority POC districts and prioritizes keeping cities together. This map places the City of Pasco within the 16th LD. The 16th LD continues to include Walla Walla and also includes portions of Richland and Kennewick. This proposal meets the city’s request to share legislative representation with the Tri-Cities region, while also maintaining a connection with Walla Walla. The 9th may also retain a very small portion near Foster Wells. Brady Walkinshaw – Senate Democrat Caucus Appointee – Proposed Map Commissioner Walkinshaw has stated that his map reflects the value that electoral representation is strongest when communities of interest are united. This map creates eight majority-minority districts, honors requests from Tribal councils, and minimizes the split of cities. When cities must be split, the boundaries align with neighborhoods, school district boundaries, or large transportation corridors. This map divides the City of Pasco between the 9th and 16th LD’s, with the 9th LD representing a larger portion of the city than the 16th LD. There are no changes within this proposal that strengthen the city’s connection to the Tri-Cities Region and is the only proposal that does not reflect any of the city’s input. Joe Fain – Senate Republican Caucus Appointee – Proposed Map Commissioner Fain has stated his map reflects the paramount duty of Washington State’s public education and public schools as the greatest community of interest. The map builds upon existing school district boundaries and protects nearly three-quarters of all school districts in Washington from being split between multiple legislative districts. The goal is to encourage a voice for students, educators and parents in state government. The map expands the number of competitive districts to fifteen, Page 360 of 385 honors Tribal council’s requests, keeps 73% of residents in their current legislative district, and creates seven majority-minority districts. This map places the City of Pasco in the 9th and 16th LD’s. The City of Kennewick is partially included in the 16th LD, creating a connection to the Tri-Cities region. The 9th LD represents a larger portion of the city than the 16th LD. Next Steps The Redistricting Commission is holding two statewide public outreach meetings to receive input on the proposed maps. The outreach meetings will be held virtually on October 5th from 7-10pm and October 9th from 10am-1pm. Three of the four commissioners must agree to a final map no later than November 15th. More information about the outreach meetings and the overall process is available at the WA State Redistricting website. Page 361 of 385 AGENDA REPORT FOR: City Council October 4, 2021 TO: Dave Zabell, City Manager City Council Regular Meeting: 10/4/21 FROM: Rick White, Director Community & Economic Development SUBJECT: Request for Consideration of C-2 Zoning Amendment I. REFERENCE(S): Zoning Regulations Granbois Proposal Councilmember Maloney Mark-Up Petition 09.30.2021 Memorandum II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discuss alternatives and provide direction to staff. III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: There has been interest from the City Council and from business owners in the downtown core, to make “minor” amendments to the C-2 zone that may allow additional flexibility within that zone in advance of the development of the Downtown Master planning effort. The Downtown Planning effort is a comprehensive evaluation of the downtown core which the City Council provided for in the 2021/2022 Biennial Budget and has been underway for several months now. Subsequent to the publication of the October 4, 2021 agenda, three City Councilmembers have separately requested that consideration of the attached proposal submitted by Mr. Thomas Granbois be placed on this evenings City Council agenda for discussion. A mark-up of that proposal, also attached, was submitted over the weekend by Councilmember Maloney. Earlier today, October Page 362 of 385 4, Mr. Granbois submitted a petition, signed by representatives of several downtown requestingowners, property theandowners, business some elimination of several prohibited land uses within the C-2 zone. Said petition is attached, as is a clean version of the current C-2 zoning regulations. As noted above, this request comes at the time the City is engaged in a comprehensive downtown master planning process. Given the level of outreach that will be undertaken during the master plan process, and the breadth of issues to be evaluated, Council is advised to carefully consider substantive “interim” changes to permitted or prohibited uses in the C -2 zone in advance of the downtown planning process. That said, some “minor” revisions to C-2 zoning provision could provide immediate relief, the challenge being to determine and agree on what “minor” means. As noted during Council deliberation at the September 27 City Council Workshop, a code amendment leading to land uses within the C-2 district in advance of the Downtown Master Plan process runs the risk of creating uses that could be inconsistent with the final Downtown Master Plan. V. DISCUSSION: The current schedule provides that the Downtown Master Plan would be completed rezones, codezoningassociatedany2022, ofMayin with amendments or regulatory changes to follow. A transparent public process for any zoning amendment is important and expected, further the Council has resources in both the Planning Commission and the Board of the Downtown Pasco Development Authority. Utilizing these resources for zoning changes will provide Council with a Master Plan product that has been fully vetted through the public process by Council’s advisory groups. If Council desires to provide earlier relief than what might be provided through the Downtown Master Plan process, an alternative and as outlined in attached memorandum (White to Zabell), Council may wish to focus the Planning Commission first on "minor" amendments to the C-2 zone as an early phase of the Master becouldeffortDowntownprocess, Plan completedthis by approximately February of 2022. Another alternative may be that City Council determine to define and act on a series of "minor" code amendments to provide more immediate relief. While this approach has some inherent risks; impact on Downtown Plan and Planning Commission, impact of available Council agendas, and the potential for other unintended impacts, it has the potential of providing the quickest route for a level of the relief sought by the business group engaged on this matter. Page 363 of 385 Staff welcomes Council deliberations, public input, and direction on how Council wishes to proceed in this matter. Page 364 of 385 Prohibited Uses Evidence received by the Planning Commission and contained in previous studies and Pasco Police crime reports demonstrates that certain uses make the central business district less desirable or attractive to the public due to a demonstrated history of contribution to general public disorder, loitering, nuisance and other acts detrimental to the public image of the area. Certain other uses provide entirely, or predominantly, automobile services and, thereby, do not foster the clustering concept intended to attract pedestrian visitors. Other uses may, by their inherent nature, require a disproportionate amount of the limited vicinal on-street parking, for an extended time, which is intended to be available and shared by all business for the short duration convenience of customers. The following listed businesses, for the reasons above, inhibit new business growth, contribute to business loss and decline of property values, inhibit convenient access to vicinal businesses, do not foster the clustering concept intended to orient the business environment to pedestrians, or perpetuate a public image which is undesirable or unattractive and detrimental to public and private investment in revitalization efforts and, therefore, are prohibited within the C-2 district: 1)Gasoline and service stations, automobile services or repair, except tire stores; 2)Outdoor storage of goods or materials; 3)Membership clubs; 4)Taverns; 5)Billiard and pool halls; 6)Amusement game centers; 7)Pawn shops; 8)Card rooms, bingo parlors, dance halls, nightclubs and similar places; 9)Adult theaters, adult bookstores, tattoo parlors, bathhouses and massage parlors; 10)Community service facilities level two; 11)Secondhand dealers; similar or like uses although not specifically listed are also prohibited; 12)Commissaries for the preparation of food to be served elsewhere; and 13)Adult business facilities. [Ord. 4356 § 5, 2017; Ord. 4110 § 19, 2013; Ord. 3514 § 6, 2001; Ord. 3354 § 2, 1999; Code 1970 § 25.44.050.] Page 365 of 385 25.90.010 25.90.020 25.90.030 25.90.040 25.90.050 25.90.060 Chapter 25.90 C-2 CENTRAL BUSINESS DISTRICT Sections: Purpose. Permitted uses. Permitted accessory uses. Conditional uses. Prohibited uses. Development standards. 25.90.010 Purpose. The C-2 central business district is established to promote the centralization of business and reinforce a positive public image and confidence in the downtown core, a compact commercial area having primarily common-wall building construction. Such construction offers the unique opportunity within the Pasco Urban Area to cluster together types of retail business and retail services which functionally interact well together, and will economically fare better, as a result of close proximity by cumulatively attracting more persons than as individual destination points. It is intended that the commercial clustering concept be fostered by emphasizing pedestrian access and circulation within the district, in a manner which is healthy, safe, uninhibited and convenient for employees and visitors of all ages. Public and private off-street parking shall be located to encourage pedestrian movement. On- street parking should be oriented to short duration convenience parking for customers in the vicinity. In order to preserve the public health, safety and welfare in the central business district, protect public and private investment in property and infrastructure improvements and improve property values, certain uses of the land may be restricted or prohibited. [Ord. 4356 § 1, 2017; Ord. 3354 § 2, 1999; Code 1970 § 25.44.010.] 25.90.020 Permitted uses. The following uses shall be permitted in the C-2 district: 1) Antique stores as defined by PMC25.15.030; 2) Artist and office supplies; 3) Bakeries; 4) Banks and financial institutions; 5) Barber and beauty shops; Ch. 25.90 C-2 Central Business District | Pasco Municipal Code Page 1 of 5 The Pasco Municipal Code is current through Ordinance 4551, passed September 7, 2021. Page 366 of 385 6) Bookstores, except adult bookstores; 7) Clothing, shoes and accessories, and costume rentals (new/unused materials only); 8) Consignment stores (PMC 25.165.160) and thrift shops (PMC 25.165.170); 9) Crafts, stationery and gift shops; 10) Department and drug stores; 11) Electronic sales and repair stores with at least 50 percent of the stock and floor space devoted to the sale of new equipment; 12) Fresh and frozen meats, including seafood; 13) Florists; 14) Furniture and home appliance stores; 15) Galleries for art and restored or refinished antiques; 16) Grocery stores with less than 10,500 square feet of gross floor area; 17) Hardware and home improvement stores; 18) Import shops; 19) Jewelry and gem shops, including custom work; 20) Offices for medical and professional services; 21) Restaurants, sandwich shops, cafeterias and delicatessens; 22) Sporting goods; 23) Tailoring and seamstress shops; 24) Theaters for movies and performances, except adult theaters; 25) Public markets for fresh produce and craft work; 26) Parking lots; 27) Micro-breweries, micro-wineries; 28) Research, development and assembly facilities for component devices and equipment of an electrical, electronic or electromagnetic nature; and 29) Home brewing and/or winemaking equipment sales. Ch. 25.90 C-2 Central Business District | Pasco Municipal Code Page 2 of 5 The Pasco Municipal Code is current through Ordinance 4551, passed September 7, 2021. Page 367 of 385 30) Dwelling units, provided the units are within the principal building, are all above the ground floor of said building, the ground floor of said building is designed or intended to be used for a use permitted in PMC 25.90.020, and there is at least one dedicated and off-street parking space for each unit. [Ord. 4356 § 2, 2017; Ord. 3354 § 2, 1999; Code 1970 § 25.44.020.] 25.90.030 Permitted accessory uses. The following accessory uses and buildings, as respectively defined in PMC 25.15.030 and 25.15.040, shall be permitted in the C-2 district: 1) Parking lots; 2) Alcoholic beverage sales, provided it is for on-site consumption and located within a restaurant; 3) Other uses clearly incidental or secondary to a principal use; 4) Beer/wine beverage sales for on-site and off-site consumption, provided the product is produced in Franklin, Walla Walla, Yakima and/or Benton County or onsite in a micro-brewery/winery/distillery; 5) Sales of micro-brewery products and nonfortified wines for off-site consumption, provided such sales are in conjunction with an establishment selling predominantly, based upon floor area, home brewing and/or winemaking equipment as permitted in PMC 25.90.020. 6) Storage buildings, excluding container storage, as defined in PMC25.15.210, are permitted. [Ord. 4356 § 3, 2017; Ord. 3735 § 5, 2005; Ord. 3354 § 2, 1999; Code 1970 § 25.44.030.] 25.90.040 Conditional uses. The following uses are permitted subject to the approval of a special permit: 1) Unclassified uses per PMC25.200.020. [Ord. 4356 § 4, 2017; Ord. 4110 § 19, 2013; Ord. 3537 § 6, 2002; Ord. 3354 § 2, 1999; Code 1970 § 25.44.040.] 25.90.050 Prohibited uses. Evidence received by the Planning Commission and contained in previous studies and Pasco Police crime reports demonstrates that certain uses make the central business district less desirable or attractive to the public due to a demonstrated history of contribution to general public disorder, loitering, nuisance and other acts detrimental to the public image of the area. Certain other uses provide entirely, or predominantly, automobile services and, thereby, do not foster the clustering concept intended to attract pedestrian visitors. Other uses may, by their inherent nature, require a disproportionate amount of the limited vicinal on-street parking, for an extended time, which is intended to be available and shared by all business for the short duration convenience of customers. Ch. 25.90 C-2 Central Business District | Pasco Municipal Code Page 3 of 5 The Pasco Municipal Code is current through Ordinance 4551, passed September 7, 2021. Page 368 of 385 The following listed businesses, for the reasons above, inhibit new business growth, contribute to business loss and decline of property values, inhibit convenient access to vicinal businesses, do not foster the clustering concept intended to orient the business environment to pedestrians, or perpetuate a public image which is undesirable or unattractive and detrimental to public and private investment in revitalization efforts and, therefore, are prohibited within the C-2 district: 1) Gasoline and service stations, automobile services or repair, except tire stores; 2) Outdoor storage of goods or materials; 3) Membership clubs; 4) Taverns; 5) Billiard and pool halls; 6) Amusement game centers; 7) Pawn shops; 8) Card rooms, bingo parlors, dance halls, nightclubs and similar places; 9) Adult theaters, adult bookstores, tattoo parlors, bathhouses and massage parlors; 10) Community service facilities level two; 11) Secondhand dealers; similar or like uses although not specifically listed are also prohibited; 12) Commissaries for the preparation of food to be served elsewhere; and 13) Adult business facilities. [Ord. 4356 § 5, 2017; Ord. 4110 § 19, 2013; Ord. 3514 § 6, 2001; Ord. 3354 § 2, 1999; Code 1970 § 25.44.050.] 25.90.060 Development standards. 1) Minimum lot area: Not required, except for nonconforming residential uses which must retain a minimum of 5,000 square feet for single-family and 3,000 square feet for each additional unit; 2) Lot coverage: No requirement; 3) Minimum Yard Setbacks. a) Front: None required, except where adjoining a residential district, in which case there shall be provided a setback equal in width or depth to that required in the residential district; b) Side: None required, except where adjoining a residential district, in which case there shall be provided a setback equal in width or depth to that required in the residential district; Ch. 25.90 C-2 Central Business District | Pasco Municipal Code Page 4 of 5 The Pasco Municipal Code is current through Ordinance 4551, passed September 7, 2021. Page 369 of 385 The Pasco Municipal Code is current through Ordinance 4551, passed September 7, 2021. Disclaimer: The City Clerk’s office has the official version of the Pasco Municipal Code. Users should contact the City Clerk’s office for ordinances passed subsequent to the ordinance cited above. Note: This site does not support Internet Explorer. To view this site, Code Publishing Company recommends using one of the following browsers: Google Chrome, Firefox, or Safari. City Website: www.pasco-wa.gov City Telephone: (509) 544-3080 Code Publishing Company c) Rear: None required, except where adjoining a residential district, in which case there shall be provided a setback equal in width or depth to that required in the residential district; 4) Maximum building height: 45 feet, except a greater height may be approved by special permit; 5) Fences and hedges: See Chapter 25.180 PMC; 6) Parking: None required; and 7) Landscaping: None required except as provided in Chapter 25.180 PMC. [Ord. 4110 § 19, 2013; Ord. 3354 § 2, 1999; Code 1970 § 25.44.060.] Ch. 25.90 C-2 Central Business District | Pasco Municipal Code Page 5 of 5 The Pasco Municipal Code is current through Ordinance 4551, passed September 7, 2021. Page 370 of 385 Ch.25.90 C-2 Central Business District I Pasco Municipal Code Page 1 of 5 Chapter 25.90 C-2 CENTRALBUSINESS DISTRICT Sections: 25.90.01 0 Purpose. 25.90.020 Permitted uses. 25.90.03O Permitted accessory uses. 25.90.040 Conditional uses. 25.90.050 Prohibited uses. 25.90.060 Development standards. 25.90.010 Purpose. The C-2 central business district is established to promote the centralization of business and reinforce a positive public image and con?dence in the downtown core,a compact commercial area having primarily common-wall building construction.Such construction offers the unique opportunity within the Pasco Urban Area to cluster together types of retail business and retail services which functionally interact well together,and will economically fare better,as a result of close proximity by cumulatively attracting more persons than as individual destination points.It is intended that the commercial clustering concept be fostered by emphasizing pedestrian access and circulation within the district,in a manner which is healthy,safe,uninhibited and convenient for employees and visitors of all ages.Public and private off-street parking shall be located to encourage pedestrian movement.On- street parking should be oriented to short duration convenience parking for customers in the vicinity.In order to preserve the public health,safety and welfare in the central business district,protect public and private investment in property and infrastructure improvements and improve property values,certain uses of the land V. may be restricted or prohibited.[Ord.4356 §1,2017;Or 39;.Code_J310_§2§;4_4.Qt1.0.J——~——#~*-----~~\_{W‘/ lo"Storefrontsmust be open (x)amount of hours a week,with an (x)month exemption for vacant buildings. 25.90.020 Permitted uses. The following uses shall be permitted in the C-2 district: 1)Antique stores as de?ned by PMC 25.15.030; 2)Artist and of?ce supplies; 3)Bakeries; 4)Banks and ?nancial institutions; 5)Barber and beauty shops; The Pasco Municipal Code is current through Ordinance 4551,passed September 7,2021. Page 371 of 385 Ch.25.90 C-2 Central Business District |Pasco Municipal Code Page 2 of 5 6)Bookstores,except adult bookstores;/ V] K C l \) 7)Clothing,shoes and accessories,and costume rentals(e 8)Consignment stores (PMC 25.1 65.160)and thrift shops (PMC 25.165.170); 9)Crafts,stationery and gift shops; 10)Department and drug stores; 11)Electronic sales and repair stores 'an oo new.eq.ujQr‘n?t_; 12)Fresh and frozen meats,including seafood; 1 3)Florists; 14)Furniture and home appliance stores; 15)Galleries for art and restored or re?nished antiques; 16)Grocery stores with less than 10,500 square feet of gross ?oor area; 17)Hardware and home improvement stores; 18)Import shops; 19)Jewelry and gem shops,including custom work; 20)Of?ces for medical and professional services; 21)Restaurants,sandwich shops,cafeterias and delicatessens; 22)Sporting goods; 23)Tailoring and seamstress shops; 24)Theaters for movies and performances,except adult theaters; 25)Public markets for fresh produce and craft work; 26)Parking lots; w/K s icro(27)Micro—brewerie ,-wineries; 28) electronic or electromagnetic nature;and Home brewing and/or winemaking equipment sales.Q79 C[_m‘Nl{4,0 MA(..CL\WD @.zO,:\Q/121010(I)‘Qu.r,c,‘i'«u9..I.n;,m\J\c.(u-.H-[> rewq, QL 3o'j{‘(‘lk\AQ_\,v:‘.\_Q/(‘e}/(‘Auk §,v\&U~SC¢iq_A,‘)~'-,‘“£./i?dfA/\A/of7L0rS1_~£=f\9{(39%}(“"7f,f-0'-k"\(+‘0'\Ge./,'fo lN+glruill be /\\4H‘}(k(€‘.nut-are 4,-(f AnA»xat\foilatdvcxlr-N“9’\1'0 900 Em/'9 <-’ye“/‘0;WU‘ 1ThePascoMunicipalCodeiscurrentthroughOrdinance4551,passed September 7,2021.or eq_mualanl/‘r'a d) Research,development and assembly facilities for component devices and equipment of an electrical, 29) Page 372 of 385 Ch.25.90 C-2 Central Business District 1Pasco Municipal Code page3 of 5 Var 'AAl..r\(‘),(M@(30)Dwelling units,provided the units are within the principal building, 5&1‘btri-ld-ii-lg,the ground ?oor of said building is designed or intended to be used for a use permitted in PMC f%'“ré ,and there is at least one dedicated and off-street parking space for each unit.[Ord.4356 §2,2017;0rd. 3354 §2,1999;Code 1970 §25.44.020.] Allowfor ground floor units with off street entry that are separate from commercial space.N.)1‘MMUICommercialSpacemustbeoccupied\_ MW?gm We 3%§o.~1e mt,.‘_’O F25.90.030 Permitted accessory uses. G 9 0 »"vu'V\(((i'u1’\/qr; W951.1€r\l‘,'.c\\/mid50 50..... Q bW1'/\o‘r /w"~\ofThefollowingaccessoryusesandbuildings,as respectively de?ned in PMC 25.15.03O and 25.15040,shall be permitted in the C-2 district: l.’Q (QJIA (net €559‘/7 0101/1§eQ, @Cqneci0%;‘"1 (‘L :5 (Q1134 owl!‘I:’]\,,/D @ 2)Alcoholic beverage sa|es, t; 1)Parking lots; 3)Other uses clearly incidental or secondary to a principal use;M/Qat @ M 6)Storage buildings,excluding container storage,as de?ned in PMC 25.15.210,are permitted.[Ord.4356 §3,© 2017;0rd.3735 §5,2005;0rd.3354 §2,1999;Code 1970 §25.44.030.]\M I 610/101'See 1J\l$o\ I~’\ r1..(‘ q Z1./J'_1/0‘((4.1 [)9 25.90.040 Conditional uses.CLW.9€dlate, The following uses are permitted subject to the approval of a special permit: 1)Unclassi?ed uses per PMC 25.200.020.[Ord.4356 §4,2017;Ord.4110 §19,2013;0rd.3537 §6,2002;0rd. 3354 §2,1999;Code 1970 §25.44.040.] 25.90.050 Prohibited uses. Evidence received by the Planning Commission and contained in previous studies and Pasco Police crime reports demonstrates that certain uses make the central business district less desirable or attractive to the public due to a demonstrated history of contribution to general public disorder,loitering,nuisance and other acts detrimental to the public image of the area.Certain other uses provide entirely,or predominantly,automobile services and, thereby,do not foster the clustering concept intended to attract pedestrian visitors.Other uses may,by their inherent nature,require a disproportionate amount of the limited vicinal on-street parking,for an extended time, which is intended to be available and shared by all business for the short duration convenience of customers. The Pasco Municipal Code is current through Ordinance 4551,passed September 7,2021. Page 373 of 385 Ch.25.90 C-2 Central Business District |Pasco Municipal Code Page 4 of 5 The following listed businesses,for the reasons above,inhibit new business growth,contribute to business loss and decline of property values,inhibit convenient access to vicinal businesses,do not foster the clustering concept intended to orient the business environment to pedestrians,or perpetuate a public image which is undesirable or unattractive and detrimental to public and private investment in revitalization efforts and,therefore,are prohibited within the C-2 district: 1)Gasoline and service stations,automobile services or repair,except tire stores; 2)Outdoor storage of goods or materials; I 3),_, 0.lluu\J€(l\l"\W0 .M/L\7/‘bl’Uko“)/\l>°"‘M‘ Mei-nbership-clubs; H99(4):Faver?s_;_/6\.1f¢£O/:17/e?ol(M 5)Bil-l-iarddand-pool-hal-ls,‘ r at ‘M( M;Q 6)/ CM 7)Pawn shops;cu}/QQL 8) I I I I/ Mreek( 9)Adult theaters,adult bookstores,,bathhouses and massage parlors; 10)Community service facilities level two;Q 11) 4 3 ‘9-‘' Z rvxgg no £1 /V\¢"\49,r<(0/\,?I,‘(_ IW;91.?eclQ;l*./:'..nuse i 7‘no] t lfc (‘n “e "1':/Q 4( 13)Adult business facilities.[Ord.4356 §5,2017;0rd.4110 §19,2013;0rd.3514 §6,2001;0rd.354 2,1999; Code 1970 §25.44.050.] Veer/Kslmiwt,ice,f€%~aI({0, Le.rvio/xylrmifonlq:?—¢Ag,(/0%,?A25.90.060 Development standards.Sen/«Le 0° 12)... 1)Minimum lot area:Not required,except for nonconforming residential uses which must retain a minimum of 5,000 square feet for single-family and 3,000 square feet for each additional unit; 2)Lot coverage:No requirement; 3)Minimum Yard Setbacks. a)Front:None required,except where adjoining a residential district,in which case there shall be provided a setback equal in width or depth to that required in the residential district; b)Side:None required,except where adjoining a residential district,in which case there shall be provided a setback equal in width or depth to that required in the residential district; The Pasco Municipal Code is current through Ordinance 4551,passed September 7,2021. Page 374 of 385 Ch.25.90 C-2 Central Business District 1Pasco MunicipalCode Page 5 of 5 c)Rear:None required,except where adjoining a residential district,in which case there shall be provided a setback equal in width or depth to that required in the residential district; 4)Maximum building height:45 feet,except a greater height may be approved by special permit; 5)Fences and hedges:See Chapter 25.180 PMC; 6)Parking:None required;and 7)Landscaping:None required except as provided in Chapter 25.180 PMC.[Ord.4110 §19,2013;0rd.3354 §2, 1999;Code 1970 §25.44.060.] The Pasco Municipal Code is current through Ordinance 4551,passed September 7,2021. Disclaimer:The City Clerk's of?ce has the of?cial version of the Pasco Municipal Code.Users should contact the City Clerk's of?ce for ordinances passed subsequent to the ordinance cited above. Note:This site does not support Internet Explorer.To view this site,Code Publishing Company recommends using one of the following browsers:Google Chrome,Firefox,or Safari. I .__ City Telephone:(509)544-3080 The Pasco Municipal Code is current through Ordinance 4551,passed September 7,2021. Page 375 of 385 CONCERNED PASCO BUSINESS OWNERS CH. 25.90 C-2 CENTRAL BUSINESS DISTRICT AMMENDMENTS Petition summary and background Action petitioned for: Business Name We, the undersigned Pasco business owners believe that modifying the c -2 Central Business District code would greatly enhance our capab Uities to grow our business and/or add other businesses that would t>enefat the Downtown Pasco area. The recommended amendment is to remove the following: 3) Membershi clubs; 4)-,Taverns; 5) Billiarq and pool halls; 6) Amusement game centers; 8) Card rooms, bingo parlors, dance halls, nightclubs and similar places; 9) Adult theaters, adult bookstores, tattoo parlors, bathhouses and massage parlors; 11) Secondhand dealers; similar or like uses although not specifically listed are also prohibited; 12) Commissaries for the preparation of food to be served elsewhere; Business Address October 1, 2021 pg. I Page 376 of 385 October 1, 2021 pg.2 Page 377 of 385 Community Development Department PO Box 293, 525 N 3rd Ave, Pasco, WA 99301 P: 509.545.3441 / F: 509.545.3499 September 30, 2021 To: Dave Zabell From: Rick White RE: C-2 Zoning Process As you are aware, there has been interest from the City Council, as well as a grassroots root effort from business owners in the downtown core, to make “minor” amendments to the C-2 zone that may allow additional flexibility within that zone in advance of the development of the Downtown Master planning effort. Given the level of outreach that will be underta ken during the master plan process, and the breadth of issues to be evaluated, ideally and under normal conditions, it would be best to avoid “interim” changes to permitted or prohibited uses in the C -2 zone in advance of the more comprehensive downtown planning process. Unfortunately, conditions are not normal, as we have witnessed over the past 18 months, and continue to hear from the business community, the impacts of COVID and associated mitigation measures have and continue to adversely impact small business. Some “minor” revisions to C-2 zoning provision could provide immediate relief, the challenge being to determine and agree on what “minor” means. As noted during Council deliberation at the September 27 City Council Workshop, a code amendment process in advance of the Downtown Master Plan process runs the risk of creating uses that could be inconsistent with the Downtown Plan, another factor to consider in finding the scope of “minor”. During the aforementioned meeting, the question of what might be gained, in terms of time savings and regulatory relief to the downtown business community, by a review of C-2 zone for minor amendments on a parallel path of the Downtown Planning process. The answer to that question is two-fold, the time difference of the two processes, and the question above about how “minor” is ultimately defined, which will be sorted out through the process if Council chooses to proceed down that path. In answering the question on time difference, recall that the current schedule provides that the Downtown Master Plan would be completed in May of 2022, with any associated rezones, zoning code amendments or regulatory changes to follow. As to an effort toward “minor” amendments to the C-2 zone, below is an outline of the process associated with a zoning code amendment of any type – but of course at present it concerns an amendment of the C -2 Zoning District. A transparent public process for any zoning amendment is very important and expected, including this issue, and the Council has resources in both the Planning Commission and the Board of the Downtown Pasco Development Authority. I recommend we take full advantage of both. Doing so will provide Council with a much “cleaner” product that has been fully vetted through the public process by Council’s advisory groups. Page 378 of 385 Community Development Department PO Box 293, 525 N 3rd Ave, Pasco, WA 99301 P: 509.545.3441 / F: 509.545.3499 Zoning Code Amendments and Process The amendment is formulated by staff and formatted in either memo or ordinance template A SEPA checklist for this non-project action is completed and processed A Planning Commission Workshop on the proposal is scheduled and conducted The Workshop is followed by the scheduling of a public hearing before the Commission The list of interested parties is compiled and notified through direct mailing. The City’s website is posted with the public notice The Planning Commission conducts the Hearing and forwards a recommendation to City Council A Council Workshop is scheduled to discuss the amendment The Council Workshop is followed by a Regular Meeting item for a Council decision If the above process is started now - it is estimated that any code amendment will be placed in front of Council in approximately February of 2022. Pursuing amendments to the C-2 zone simultaneously or in advance of the Downtown Master Plan could put into place some “minor” C-2 zoning code amendments 3 months in advance of the adoption of the Downtown Master Plan and further advance code changes stemming from the Master Plan effort. Page 379 of 385 QUALITY OF LIFE Promote a high-quality of life through quality programs, services and appropriate investment and re- investment in community infrastructure by: Using Community Development Block Grant (CDBG) and other public and private capital to revitalize older neighborhoods and safe routes to essential services. Continuing efforts toward designing, siting, programming needs, and site selection for a community center and pursuing acquisition of land for future community park. Developing Phase I of the A Street Sporting Complex and continue efforts to provide additional soccer and sports fields. Coordinating with the Pasco Public Facilities District to develop a public education campaign, financial analysis and prepare a ballot measure concerning the development of a regional aquatic facility for consideration by the people. Completing construction of a new animal control facility. Ongoing efforts to improve efficiency and effectiveness of public resources in the delivery of municipal services, programs, and long-term maintenance and viability of public facilities. Collaborating with the Inclusion, Diversity and Equity Commission and community leaders to enhance engagement efforts and organizational cultural competency. Updating design standards for the development of new neighborhoods and re-development to promote greater neighborhood cohesion through design elements, e.g.: walkability, aesthetics, sustainability, and community gathering spaces. Updating Parks and Facilities Comprehensive Plan to include: public facilities inventory, needs assessment, level of service, and centers evaluation. Teaming with local and regional partners to develop a Housing Action Plan with a focus on strategies that emphasize affordable housing. FINANCIAL SUSTAINABILITY Enhance the long-term financial viability, value, and service levels of services and programs, including: Regular evaluation of services and programs to confirm importance to community, adequacy, and cost-benefit. Continuation of cost of service and recovery targets in evaluating City services. Ongoing evaluation of costs, processes and performance associated with delivery of City services including customer feedback and satisfaction, staffing, facilities, and partnership opportunities. Instilling and promoting an organizational culture of customer service across all business lines. Updating policies relating to urbanization of the unincorporated islands to assure consistency with long-range planning, community safety, and fiscal sustainability. City Council Goals 2020-2021 Page 380 of 385 COMMUNITY SAFETY Preserve past improvements and promote future gains by: Developing a Comprehensive Police Strategic Master Plan through a transparent process to evaluate future service levels of the department to assure sustainability, public safety, and crime control over the next 5-10 years. Collaborating with regional and community partners to evaluate and implement strategies to reduce the incidence of homelessness. Leveraging and expanding partnerships to maintain and enhance behavioral health services to community members in crisis being assisted by police and fire. Continuing efforts to improve police and community relations. Working to achieve and maintain target fire response times through operational improvements and long-range strategic planning of facilities and staffing. Focusing on the long-term goal of sustaining a Washington State Rating Bureau Class 3 community rating. Leveraging infrastructure database of sidewalks, streetlights and pavement conditions along with evaluating policies and methods to address needs and inequities. COMMUNITY TRANSPORTATION NETWORK Promote a highly-functional multi-modal transportation network through: Commencement and completion of construction of the Lewis Street Overpass project. Continued emphasis on improvements in Road 68/I-182/Burden Blvd. corridor to improve operation and safety. Data-driven pro-active neighborhood traffic calming efforts. Continued collaboration with Ben Franklin Transit to enhance mobility and access. Completion of a Transportation System Master Plan and utilization of its recommendations to develop policies, regulations, programs, and projects that provide for greater connectivity, strategic investment, mobility, multi-modal systems, accessibility, efficiency and safety. ECONOMIC VITALITY Promote and encourage economic vitality by supporting: Downtown revitalization efforts of Downtown Pasco Development Authority (DPDA), post-COVID restart, and City initiatives such as Downtown Master Plan process and sign code modifications. The construction of Peanuts Park and Farmers Market and continued efforts to pursue streetscape and gateway upgrades. The completion of the Comprehensive Land Use Plan Update and Broadmoor Master Plan efforts, adoption of Urban Growth Area expansion alternative, implementation of adopted long-range planning efforts with appropriate analysis and adoption of planning actions including: zoning code changes, phased sign code update, and development regulations and standards. Increased efforts to promote the community as a desirable place for commercial and industrial development by promoting small business outreach and assistance, predictability in project review, and excellent customer service. Partnerships and encouragement of Department of Natural Resources (DNR) to facilitate development of the remaining state-owned properties at Road 68/I-182. Page 381 of 385 Continued coordination with the Port of Pasco to complete and implement a waterfront-zoning plan and provide for public infrastructure. Active partnerships in the planning and development of strategies to promote tourism and deployment of assets to spur economic activity. In concert with community partners, development of a comprehensive economic development plan. COMMUNITY IDENTITY Identify opportunities to enhance community identity, cohesion and image through: Continued efforts of community surveying through traditional methods and the application of new technologies. Providing opportunities for community engagement through boards, commissions, volunteer opportunities, social media, forums, and other outlets. Enhanced inter-agency and constituent coordination developed during the pandemic. Continued efforts of the community identity/image enhancement campaign to include promotion of community and organizational successes. Enhanced participation and support of cultural events occurring within the community. Support of the Arts and Culture Commission in promoting unity and the celebration of diversity through art and culture programs. For more information, visit www.pasco-wa.gov/councilgoals Page 382 of 385 CALIDAD DE VIDA Promover una vida de buena calidad a través de programas de calidad, servicios e inversiones y reinversiones adecuadas en la infraestructura de la comunidad al: Utilizar una Community Development Block Grant (CDBG) (Concesión de Ayuda Federal para el Desarrollo Comunitario) y otro capital público y privado para renovar las vecindades antiguas y las rutas seguras a los servicios esenciales. Continuar los esfuerzos hacia el diseño, las obras de construcción, las necesidades programáticas, y la elección de dichas obras de construcción, para un centro comunitario y comprar el terreno para un futuro parque comunitario. Desarrollar la 1era Fase del Sporting Complex (Complejo Deportivo) de la Calle A y continuar los esfuerzos de proporcionar más campos de fútbol y de otros deportes. Coordinar con el Pasco Public Facilities District (Distrito de las Instalaciones Públicas de Pasco) para desarrollar una campaña de educación pública, un análisis financiero, y preparar una propuesta sobre el desarrollo de una instalación acuática regional para que sea considerada por el público. Terminar la construcción de una nueva instalación para el control de animales. Continuar los esfuerzos para mejorar la eficiencia y la eficacia de los recursos públicos en la entrega de servicios municipales, programas, y el mantenimiento y la viabilidad a largo plazo de instalaciones públicas. Colaborar con la Inclusion, Diversity and Equity Commission (Comisión de Inclusión, Diversidad, y Equidad) y con los líderes comunitarios para mejorar los esfuerzos de participación y la capacidad cultural organizacional. Actualizar los estándares de diseño para el desarrollo de nuevas vecindades y el redesarrollo para promover más cohesión de las vecindades a través de elementos de diseño, p. ej.: viabilidad peatonal, evaluación de las necesidades, sustentabilidad, y lugares donde se puedan reunir los miembros de la comunidad. Actualizar el Parks and Facilities Comprehensive Plan (Plan Comprehensivo de los Parques y las Instalaciones) para que incluya: un inventario de instalaciones públicas, una evaluación de las necesidades, el nivel de servicio, y la evaluación del centro. Trabajar en equipo con colaboradores regionales para desarrollar un Housing Action Plan (Plan de Acción para Viviendas) con un enfoque en las estrategias que enfatizan viviendas económicas. SUSTENTABILIDAD FINANCIERA Mejorar la sustentabilidad financiera a largo plazo, el valor, y los niveles de servicios y programas, incluyendo: La evaluación regular de los servicios y de los programas para confirmar la importancia de la comunidad, la capitalización adecuada, y el costo-beneficio. Metas del Concilio de la Ciudad del 2020-2021 Page 383 of 385 La continuación del costo por el servicio y de las metas de recuperación al evaluar los servicios de la Ciudad. La evaluación continua de los costos, los procesos y el desempeño relacionado con la entrega de los servicios de la Ciudad incluyendo la retroalimentación y la satisfacción del cliente, el personal, las instalaciones, y las oportunidades colaborativas. Inculcar y promover una cultura organizacional de servicio al cliente a lo largo de todas las líneas de negocio. Actualizar las políticas relacionadas con la urbanización de las islas no incorporadas para asegurar consistencia con la planificación a largo plazo, la seguridad comunitaria, y la sustentabilidad fiscal. SEGURIDAD COMUNITARIA Preservar las mejorías anteriores y promover las ganancias futuras al: Desarrollar un Comprehensive Police Strategic Master Plan (Plan Maestro Estratégico Comprehensivo Policial) a través de un proceso transparente para evaluar los niveles futuros de servicio del departamento para asegurar sustentabilidad, seguridad pública, y control de crímenes durante los siguientes 5-10 años. Trabajar con colaboradores regionales y comunitarios para evaluar e implementar estrategias para reducir los casos de personas sin techo. Hacer uso y ampliar las colaboraciones para mantener y mejorar los servicios de salud conductual a los miembros de la comunidad que se encuentran en medio de una crisis, ayudados por la policía y por los bomberos. Continuar los esfuerzos para mejorar la relación con la policía y con la comunidad. Trabajar para lograr y mantener el tiempo de reacción de los bomberos a través de mejorías operacionales y la planificación estratégica de instalaciones y personal a largo plazo. Enfocarse en la meta a largo plazo de mantener una clasificación de la comunidad Clase 3 del Washington State Rating Bureau (Departamento de Clasificación del Estado de Washington). Utilizar la base de datos de la infraestructura de las banquetas, los faroles, y las condiciones del pavimento, como también evaluar las políticas y los métodos para tratar las necesidades y las injusticias. RED DE TRANSPORTE COMUNITARIO Promover una red de transporte extremadamente funcional y multimodal a través de: El comienzo y el término de la construcción del proyecto Lewis Street Overpass. El énfasis continuo en las mejorías de la ruta Road 68/I-182/Burden Blvd. para mejorar la operación y la seguridad. Los esfuerzos proactivos basados en datos para calmar el tráfico en las vecindades. La colaboración continua con Ben Franklin Transit para mejorar la movilidad y el acceso. El término del Transportation System Master Plan (Plan Maestro del Sistema de Transporte) y la utilización de sus recomendaciones para desarrollar políticas, reglas, programas, y proyectos que proporcionan más conectividad, inversiones estratégicas, movilidad, sistemas multimodales, accesibilidad, eficiencia, y seguridad. Page 384 of 385 VITALIDAD ECONOMICA Promover y motivar la vitalidad económica al apoyar: Los esfuerzos de renovación de la Downtown Pasco Development Authority (DPDA) (Autoridad de Desarrollo del Centro de Pasco), el reinicio después de COVID, y las iniciativas de la Ciudad como el proceso del Downtown Master Plan (Plan Maestro del Centro) y las modificaciones de los códigos de anuncios. La construcción del Peanuts Park and Farmers Market (Parque Peanuts y el Mercado) y los esfuerzos continuos para discutir paisajes urbanos y actualizaciones de entradas. El término de los esfuerzos de la Comprehensive Land Use Plan Update (Actualización Comprehensiva del Uso de Terrenos) y los esfuerzos del Broadmoor Master Plan (Plan Maestro de Broadmoor), la adopción de la alternativa de la expansión de Urban Growth Area (Área del Crecimiento Urbano), la implementación de los esfuerzos de planificación a largo plazo con los análisis adecuados y la adopción de acciones de planificación incluyendo: los cambios a los códigos de zonas, la actualización de los códigos de los anuncios de las fases, y el desarrollo de las reglas y los estándares. Más esfuerzos para promover a la comunidad como un lugar atractivo para el desarrollo comercial e industrial al fomentar el alcance y la ayuda a los negocios pequeños, la predictibilidad en la revisión de proyectos, y un excelente servicio al cliente. Las colaboraciones y la motivación del Department of Natural Resources (DNR) (Departamento de Recursos Naturales) para facilitar el desarrollo de las propiedades restantes del estado en Road 68/I- 182. La coordinación continua con el Port of Pasco (Puerto de Pasco) para terminar e implementar un plan de zonas costeras y proporcionar una infraestructura pública. Las colaboraciones activas en la planificación y el desarrollo de estrategias para promover el turismo y la utilización de recursos para estimular actividad económica. Junto con los colaboradores de la comunidad, crear un plan comprehensivo de desarrollo económico. IDENTIDAD COMUNITARIA Identificar oportunidades para mejorar la identidad comunitaria, la cohesión, y la imagen a través de: Los esfuerzos continuos para evaluar a la comunidad a través de los métodos tradicionales y la aplicación de nuevas tecnologías. Proporcionar oportunidades para la involucración comunitaria a través de mesas directivas, comisiones, oportunidades para voluntarios, medios sociales, foros, y otros medios. Una mejor coordinación entre las agencias y los constituyentes desarrollada durante la pandémica. Los esfuerzos continuos de campañas para la mejoría de la identidad/imagen comunitaria que promuevan a la comunidad y a los éxitos organizacionales. Una mejor participación y apoyo de los eventos culturales llevados a cabo dentro de la comunidad. El apoyo de la Arts and Culture Commission (Comisión de Artes y Cultura) al promover la unidad y celebrar la diversidad a través de programas de arte y cultura. Para más información, visite www.pasco-wa.gov/councilgoals Page 385 of 385 10/04/2021 Council Meeting Public Comment Submission 10/04/2021 Council Meeting Public Comment Submission 10/04/2021 Council Meeting Public Comment Submission 10/04/2021 Council Meeting Public Comment Submission