HomeMy WebLinkAbout2021.10.11 Council Workshop Packet
AGENDA
City Council Workshop Meeting
7:00 PM - Monday, October 11, 2021
City Council Chambers & GoToWebinar
Page
1. MEETING INSTRUCTIONS for REMOTE ACCESS - The Pasco City Council
Workshops 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.
To listen to the meeting via phone, call (213) 929-4212 and use access code
398-399-253.
2. CALL TO ORDER
3. ROLL CALL
(a) Pledge of Allegiance
Lead by members of the Girl Scouts of Eastern Washington & Northern
Idaho
4. VERBAL REPORTS FROM COUNCILMEMBERS
5. ITEMS FOR DISCUSSION
4 - 44 (a) Visit Tri-Cities 2021 Mid-Year Report & Tourism Promotion Area
(TPA) Update and 2022 Budget & Marketing Plan
Presentation by Michael Novakovich, President/CEO, Visit Tri-Cities
45 - 46 (b) Request for Consideration of C-2 Zoning Amendment
47 - 48 (c) Life and Safety Program for Commercial Structures
49 - 72 (d) Nuisance Determination and Regulation
73 - 77 (e) Resolution - Reserve Center Lease Extension with the Port of
Pasco
Page 1 of 165
78 - 88 (f) Resolution - Amended Agreement with TCA, Inc. for Architectural
and Engineering Services for Fire Department Facilities
89 - 123 (g) Resolution - Public Works Board $10M Loan Agreement - Zone 3
Storage Reservoir Construction
124 - 137 (h) Ordinance - Code Amendment to Car Wash Facilities (CA 2021-
006)
138 - 159 (i) Ordinance - Code Amendment for Drive-Through Facility Design
Standards (MF# CA2021-004)
6. MISCELLANEOUS COUNCIL DISCUSSION
7. EXECUTIVE SESSION
(a) Consideration of the minimum offering price for sale or lease of
real estate per RCW 42.30.110(1)(c).
8. ADJOURNMENT
9. CLOSED SESSION
(a) Collective Bargaining Unit Negotiations per RCW 42.30.140(4) - 15
Minutes
10. ADDITIONAL NOTES
160 - 165 (a) Adopted 2020-2021 Council Goals (Reference Only)
(b) REMINDERS
• Monday, October 11, 6:00 PM: Old Fire Pension Board
Meeting – City Hall Conference Room 1, Pasco City Hall
(MAYOR SAUL MARTINEZ, Rep.; MAYOR PRO TEM
BLANCHE BARAJAS, Alt.)
• Thursday, October 14, 7:00 PM: Ben Franklin Transit Board
Meeting – Transit Facility (COUNCILMEMBER RUBEN
ALVARADO, Rep.; COUNCILMEMBER ZAHRA ROACH, Alt.)
• Friday, October 15, 10:00 AM: Benton-Franklin Council of
Governments Board Meeting – Ben-Franklin Transit, 1000
Columbia Park Trail, Richland (COUNCILMEMBER RUBEN
ALVARADO, Rep., MAYOR PRO TEM BLANCHE BARAJAS,
Alt.)
Page 2 of 165
This meeting is broadcast live on PSC-TV Channel 191 on
Charter/Spectrum Cable in Pasco and Richland and streamed at
www.pasco-wa.gov/psctvlive.
Audio equipment available for the hearing impaired; contact the
Clerk for assistance.
Servicio de intérprete puede estar disponible con aviso. Por favor
avisa la Secretaria Municipal dos días antes para garantizar la
disponibilidad. (Spanish language interpreter service may be
provided upon request. Please provide two business day's notice
to the City Clerk to ensure availability.)
Page 3 of 165
AGENDA REPORT
FOR: City Council October 6, 2021
TO: Dave Zabell, City Manager City Council Workshop
Meeting: 10/11/21
FROM: Adam Lincoln, Deputy City Manager
Executive
SUBJECT: Visit Tri-Cities 2021 Mid-Year Report & Tourism Promotion Area (TPA)
Update and 2022 Budget & Marketing Plan
I. REFERENCE(S):
Visit Tri-Cities 2021 Mid-Year Report
2022 Budget and Marketing Plan
PowerPoint Presentation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Presentation by Michael Novakovich, President/CEO, Visit Tri-Cities
III. FISCAL IMPACT:
Total TPA 2022 budget of $1,871,914 with City of Pasco share of $374,383.
IV. HISTORY AND FACTS BRIEF:
Visit Tri-Cities provides services to the City of Pasco for promotion, attraction
and encouraging tourist expansion, and has done so for as far back as 1972.
Visit Tri-Cities administers what is known as the Tourism Promotion Area (TPA)
which was formed by an interlocal agreement (ILA) among the Cities of Pasco,
Kennewick, and Richland in June 2002. The TPA administers the proceeds of
a "per room night assessment" on hotels/motels in the Tri-Cities, imposed by the
hotels themselves and Visit Tri-Cities oversees its marketing plan and operating
budget.
The TPA "assessment" is remitted by the hotels to the State. Washington State,
in turn, distributes those funds to the city in which it was collected. Pasco City
Council's approval of the funds to the TPA are in accordance with an approved
budget, which is a requirement.
Page 4 of 165
V. DISCUSSION:
Michael Novakovich, President/CEO of Visit Tri-Cities will first present the Visit
Tri-Cities 2021 Mid-Year Report and then provide a brief overview of the
proposed 2022 TPA Marketing Plan and Operating Budget.
The 2022 TPA Marketing Plan and Operating Budget is scheduled for the
October 18, 2021 Council meeting for action by the Council.
Page 5 of 165
Kennewick: 167,331 Kennewick: 159,561
Pasco: 95,697
Richland: 172,907
Pasco: 117,525
Richland: 173,197
Number of future conventions,
meetings and sports events booked:
45
Future visitor spending:
$4,871,930
VISITOR SPENDING
The beginning of 2021 started off slow as concerns surrounding COVID-19 continued to impact
the travel and tourism industry. Despite the uncertainty, 2021 room nights sold for the first six
months of the year are 93.5% of 2019 levels.
OUR MISSION
To promote, market and sell the
region as a preferred destination
to visitors. We will develop
incremental visitation by promoting
our destination products, programs
and activities; the overall economic
vitality of our communities and the
quality of life for our citizens.
2021 MID-YEAR REPORT
OUR VISION
To be recognized as an organization
that is 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.
We will pursue a competitive
advantage for the destination in
all market segments and we will
adhere to our mission with a focus
on leadership, innovation and results.
As the premier marketing entity for the
entire Tri-Cities community and region,
we will deliver sales and marketing
initiatives that are innovative and
provide community direction through
management practices that are
considered top of class.
VISIT TRI-CITIES
Visit Tri-Cities is supported by
the cities of Kennewick, Pasco,
Richland, and West Richland; the
Tri-City Regional Hotel-Motel
Commission; Corporate Partners; as
well as individual and business
members. The Mid-Year Report
summarizes destination marketing
and management activities
undertaken during the first six
months of 2021.
Total: 458,053 rooms sold Total: 428,165 rooms sold
Rooms Sold 2019 Rooms Sold 2021
CONVENTION AND SPORTS MARKETING
Visit Tri-Cities has developed and implemented a robust sales
strategy targeting key group markets.
JANUARY – JUNE 2021
32 Number of conventions, sports and group events
21,365 Number of delegates attracted
$5,581,096 Visitor Spending
CONVENTION & SPORTS SALES
11,645 Representing total room nights
45 Leads issued
SALES ACTIVITY
715 Sales calls
4 Site tours
Virtual Customer Event: 49 Meeting
planners were in attendance, representing
38 organizations and 134 events.
FUTURE BUSINESS BOOKED
TOURISM DEVELOPMENT
Visit Tri-Cities manages tourism-related programs within the
community in order to position the Tri-Cities as a desirable and
compelling visitor destination.
Visit Tri-Cities sponsored
the Washington Society
of Association Executives
(WSAE) Annual Convention
June 10-11, 2021. Lara
Watkins, Director of
Convention Sales, served
as conference co-chair,
and Michael Novakovich,
President & CEO, and Council
Member Zahra Roach, VTC
Board Member, were
co-emcees for the event.
Michael also provided
a presentation on
organizational culture to
complement the conference
theme, Adaptive Leadership
in Action.
Visit Tri-Cities partnered
with SKYNAV to launch
an immersive 360⁰ tour of
the Tri-Cities. SKYNAV is a
marketing platform that
creates a dynamic virtual
experience with stunning
aerial to ground spherical
imagery. The interactive tour
highlights points of interest
with image galleries, videos
and information to assist
visitors in planning trips to
the Tri-Cities.
Check out the SKYNAV
tour here
MEMBERSHIP
Beginning July 1, Visit
Tri-Cities developed a
new membership model,
offering a free basic
membership to all qualifying
tourism-related businesses
located in and/or attracting
leisure visitation to Benton
and Franklin Counties.
The new membership
model allows Visit Tri-Cities
to better serve the
community by showcasing
all tourism-related aspects
our region, giving the
Tri-Cities a more competitive
position as a destination
when attracting visitors.
Corporate Sponsor: Washington River Protection Solutions (WRPS)Page 6 of 165
Visit Tri-Cities takes a proactive approach
to hosting travel writers and other media
professionals, positioning the Tri-Cities as
a premier destination for travelers.
Positive Stories: 41
Impressions: 48,811,425
Coverage Views: 392,397
The Tri-Cities Rivershore Enhancement Council (TREC)
is a multi-jurisdictional program coordinated by Visit
Tri-Cities which is helping the community rediscover
its river shores and is working to emphasize restoration,
development and enhancement activities.
The TREC Committee is discussing the necessary steps
to facilitate a multi-jurisdictional coordinated effort to
determine feasibility of a pilot program for micro-mobility.
In order to begin the process, it will be necessary to gauge
community support. The currently recommended process
would include community surveys and roundtable sessions.
If warranted, a pilot program would take place in the spring
of 2022.
Visitors and residents alike may have noticed
the installation of wayfinding signs around the
community. To date, each of the cities has added
signage and the project is now in the second to third
phase of completion depending on location. The phases
include Phase 1: Regional Gateways, City Gateways,
Phase 2: Vehicular directional, Phase 3: Trails and Parks
and Recreation signage, Phase 4: Visitor Center.
In an effort to reach as many visitors as possible, Visit Tri-Cities maximizes
destination exposure through digital, social advertising, broadcast media
(TV and radio) and print. This approach reaches a broad and diverse audience.
MARKETING AND COMMUNICATIONS
21 Print Advertisements 182 Out of Market TV Ads
SOCIAL MEDIA AND WEBSITE STATS
80,040 Unique users 204,184 Page Views
FOLLOWERS ON SOCIAL MEDIA
10,377 followers
25,943 followers
6,144 followers
TRI-CITIES RIVERSHORE
ENHANCEMENT COUNCIL
GROUPS AND COMMITTEES
MANAGED BY VISIT TRI-CITIES
TOURISM DEVELOPMENT CONT.
Visit Tri-Cities participated in a
Destination Development Workshop
focusing on the Wine Country Region
(Tri-Cities, Walla Walla and Yakima),
hosted by the Washington Tourism
Alliance. The workshop complements
the statewide strategy of supporting
small business sustainability,
strengthening local economies,
building regional resiliency, and
expediting the recovery of tourism
from the COVID-19 crisis.
Chase Wharton, Business Development
Manager, was named one of
Destinations International’s 2021 30
Under 30 recipients. The program offers
valuable networking and thought
leadership development opportunities
within the tourism industry.
Visit Tri-Cities launched See
Source, a platform that provides
real-time visitor analytics using
GPS and consumer spending data
to help drive efficient marketing
campaign decisions.
BANDWANGO
Visit Tri-Cities contracted with Bandwango to
develop mobile passes with access to special
deals and discounts at a variety of Tri-Cities
attractions, outdoor recreation, wineries,
breweries, dining and entertainment.
The Tri-Cities Wine Region pass features
exclusive offerings to 26 wineries throughout
the community. The Tri-Cities Summer
Savings Pass highlights 31 local attractions,
wineries, breweries, restaurants and more.
STEM TOURISM
Visit Tri-Cities’ STEM Tourism focuses on the
unique STEM-related aspects of our community.
STEM tourism endeavors enhance the livelihoods
of residents, recruits and employees through
STEM assets and attractions as well as our rich
cultural history.
Visit Tri-Cities partnered with the National Park
Service (NPS) to celebrate National Park Week,
April 17-25. Staff worked with Park Ranger
Rebecca Burghart (Ranger Becky) to create
nine videos promoting each day’s National
Park Week theme.
The videos highlighted the Manhattan Project
National Historical Park and related sites
throughout the community as well as Sacagawea
State Park, USS Triton Submarine Memorial Sail,
related attractions and activities. The program
also promoted the new NPS mobile app featuring
interactive maps, tours of park places,
on-the-ground accessibility information and
more to plan visits to the Manhattan Project
National Historical Park and other park sites.
The videos were broadcast on Visit Tri-Cities’ and
the Manhattan Project National Historical Park’s
social media channels throughout the week.
MEDIA OUTREACH
7130 W. Grandridge Blvd., Suite B | Kennewick, WA 99336 | (509) 735-8486
Visit Tri-Cities digital campaigns earned 9,296,235 impressions
and 17,277 click throughs to VisitTri-Cities.com.
COVID-19 COMMUNICATIONS
Visit Tri-Cities secured CARES ACT grant money
from local jurisdictions to develop and execute
in-market advertising campaigns to encourage
COVID-19 mitigation behaviors and information
regarding the vaccine, improve the health of our
community and continue economic recovery.
34 creatives developed and deployed through
digital, broadcast (TV & radio) and social.
English TV (2,252 spots) and radio (1,604 spots)
Spanish TV (1,922 spots) and radio (1,684 spots)
The digital and social campaigns earned
3,340,392 impressions and 7,846 click
throughs to promoted websites.
Corporate Sponsor: Bechtel
Corporate Sponsor: Battelle
Hanford Mission Integration Solutions (HMIS)
Hanford Mission Integration Solutions (HMIS)
Hotel Directors of Sales Committee | Tri-City Regional Hotel-Motel Commission
Tri-Cities Wine Tourism Council | Tri-Cities National Park Committee
Tri-Cities Sports Council | Tri-Cities Rivershore Enhancement Council
Benton Franklin River Heritage FoundationPage 7 of 165
Tri-Cities Regional Hotel-Motel Commission
2022 BUDGET AND MARKETING PLAN
Page 8 of 165
MISSION
To promote, market and sell the region as a preferred destination
to visitors. We will develop incremental visitation by promoting our
destination products, programs and activities; the overall economic
vitality of our communities and the quality of life for our citizens.
VISION
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.
1 Page 9 of 165
Please Note: The attached document reflects only those programs and costs associated with Tourism Promotion Area
(TPA) funding. Visit TRI-CITIES manages many other aspects of tourism development, which are funded by hotel and
lodging taxes and membership investment. Such programs include, Rivershore Enhancement, Media Outreach, Visitor
Services and Member Development.
Tourism Promotion Area Marketing Plan
prepared by Visit Tri-Cities for:
CITY OF KENNEWICK
CITY OF PASCO
CITY OF RICHLAND
2 Page 10 of 165
3
TABLE OF CONTENTS
President and CEO Message 4
Acknowledgments 5
Tourism Outlook 6-7
Competitive Situation Analysis 8-9
Meetings and Conventions 10-11
Sports and Tournaments 12-13
Tourism Development 14-15
DMO Funding Comparative 16-18
Visit Tri-Cities TPA Budget 19
Page 11 of 165
It is with great pleasure that we present 2021 Tri-Cities Regional
Hotel-Motel Marketing Plan, which outlines Visit Tri-Cities’ use
of Tourism Promotion Area funds. The following plan provides
a detailed overview of the state of our industry, a competitive
analysis and our planned endeavors to drive economic impact
through visitor spending. This plan highlights the strategies
we will deploy in 2022 to drive continued economic recovery
through visitor spending by securing leisure travel, sports
events, and meetings & conventions business. Our tourism
development strategies support all our sales endeavors as
well as aid our corporate partners with their recruitment and
retention activities.
Much like 2020, 2021 has proved challenging as we continue
to navigate the dynamic COVID landscape, which has created
significant adverse impact in the tourism industry. Challenges
include staffing shortages for hospitality businesses, lags in the
return of business travel, as well as meeting planner sentiments
and decision making regarding the safe return of their events
(not to mention related restrictions earlier in the year). Recently
we saw several local hotel properties convert to micro-housing
units, reducing our community’s inventory of hotel rooms.
Our expectation is this will lead to a higher Average Daily Rate
(ADR), which would positively impact lodging taxes collected.
However, it is possible the reduced inventory could negatively
impact TPA collections. We will be monitoring this situation as
it continues to unfold.
Challenges aside, an investment in tourism is an investment
in the future prosperity of our region and enhanced quality
of life that every Tri-Citian benefits from. Simply put, we sell
futures. Much of the work the Visit Tri-Cities team engages in,
as outlined in this plan, is recognized one to five years into the
future. These are the booking windows our meeting planners
and tournament directors are utilizing to plan their future
events. While the booking window for leisure travel is often
shorter, our promotional endeavors also yield returns in the
future. An investment today pays dividends tomorrow.
Even during the toughest of times in 2020, due to COVID
restrictions and consumer behavior, tourism in the Tri-Cities
continued to be a strong economic driver. Visitation generated
roughly $350 million in visitor spending last year. While this
was down 30% over the prior year, the Tri-Cities fared far better
than many other destinations. Through strong community
collaborative partnerships and the marketing and sales
efforts outlined in this plan, we feel confident we can drive
economic recovery for the benefit of all Tri-Citians. To this
end, visitor spending, along with associated visitor-generated
tax revenues, help fund a more thriving and vibrant Tri-Cities
by financially supporting a safe, educated, employed and
beautiful community with many amenities for all to enjoy.
All of us at Visit Tri-Cites, from our Board of Directors to our
team of talented professionals, look forward to continuing our
investment into the strong return of the visitor economy.
We have recently launched a new suite of tools to influence
travel to the Tri-Cities and continue to develop creative
initiatives to introduce prospective visitors to this amazing
place we call home.
PRESIDENT & CEO MESSAGE
MICHAEL NOVAKOVICH
President & CEO, Visit Tri-Cities
Page 12 of 165
ACKNOWLEDGMENTS
We greatly appreciate the time and dedication of our city partners and hoteliers who meet monthly
to provide Visit Tri-Cities with support and direction on how to invest the proceeds from the tourism
promotion assessments collected in Kennewick, Pasco and Richland.
TRI-CITY REGIONAL HOTEL-MOTEL COMMISSION
KENNEWICK
Mark Blotz, Clover Island Inn
Jerry Beach, A-1 Hospitality
Marie Mosley, Ex Officio, City of Kennewick
PASCO
Monica Hammerberg, Hampton Inn & Suites Pasco / Tri-Cities
Vijay Patel, A-1 Hospitality
Dave Zabell, Ex Officio, City of Pasco
RICHLAND
Wendy Higgins, The Lodge at Columbia Point
Andrew Lucero, Richland Courtyard by Marriott
Jon Amundson, Ex Officio, City of Richland
The Tourism Promotion Area is Managed by Visit Tri-Cities5Page 13 of 165
NATIONAL OUTLOOK
Occupancy
ADR
RevPAR
66.1%
$131.21
$86.76
41.6%
$103.00
$42.88
53.3%
$109.47
$58.39
60.1%
$117.34
$70.57
PROJECTED U.S. HOTEL KEY PERFORMANCE METRICS*
2019 Actual 2020 Actual 2021 Forecast 2022 Forecast
TOURISM 2022
6
Predictions on the future of travel and the tourism
industry have never been more uncertain. Consumer
sentiments change weekly based on changes in
COVID counts, the impacts of variants, the latest
media coverage and the ongoing politicizing of the
world-wide pandemic. The crystal ball is murky at best.
Analysts agree on two things. The foremost being
that the return of travel will occur first with leisure
travel, followed by a changed version of business
travel, and eventually group and convention travel
will gradually return at a reduced rate over prior levels.
“Leisure demand is gathering strength with substantial
recovery in sight for many markets. However, transient
business, group and international travel face continued
headwinds, and a full recovery will take several years.”
states Tourism Economics president Adam Sacks.
The second significant factor is that private
accommodation purveyors such as Airbnb and VRBO
are gobbling up market share at an alarming rate. A
recent study by Morgan Stanley Research showed
that 49% of surveyed Airbnb guests stated that they
booked an Airbnb in place of a traditional hotel. As a
result , Airbnb captured an 18% market share of the
lodging in the U.S. in 2020 and when combined, Airbnb
and VRBO accounted for 29% of total lodging revenue.
This is especially concerning for destination marketing
organizations, like Visit Tri-Cities, that receive funding
from tourism promotion assessments collected by
hotels, which are not paid by private living space rentals.
*STR May 2021 Forecast
Page 14 of 165
7
LOCAL OUTLOOK
The recovery of tourism and return of visitor
spending was a little slower to take shape locally
because Washington State was under a stay-at-home
order with travel restrictions for much longer than other
states, not resuming “normal” business activities until
July. Attracting leisure travelers and sports tournaments
will be key objectives for 2022 with increased emphasis
on rebuilding the conventions and meetings segment.
The competition to attract consumers for week-end
getaways and outdoor recreation will be fierce as
many destinations will deploy the same strategy for
their communities.
Conventions may be restructured in the future, changing
the size and number of delegates and incorporating
some virtual/hybrid features which will affect the
number of out-of-town visitors attending each event.
Decisions on future events may be delayed and meeting
planners are expected to seek to re-book events that
did not take place in 2020-2021, placing them at their
previous locations. In general, there is a “wait and see”
phenomenon that is paralyzing the meetings industry.
For the first time in years, there are no new scheduled
hotel openings to report, and no new rooms expected
to be added to the market. In fact, the recent conversion
of 5 hotels to apartments by Fortify may actually create
compression which will strengthen existing hotels’
financial performance.
2021 PERFORMANCE JANUARY - JUNE*
OCC ADR RevPar RevPar vs Prior Year
SEATTLE
SPOKANE
TACOMA
TRI-CITIES
VANCOUVER
YAKIMA
36.90%
52.20%
54.30%
53.90%
65.20%
50.50%
$117.75
$98.49
$93.48
$88.01
$95.74
$85.72
$43.51
$51.38
$50.80
$47.42
$62.45
$43.25
-22.7%
45.3%
10.3%
46.3%
47.6%
58.0%
*STR June 2020 Destination Report
Page 15 of 165
COMPETITIVE SITUATION ANALYSIS
In order to promote the Tri-Cities as a preferred destination for group, business and leisure travelers, it is important to
recognize both the strengths and challenges within our community and to set sales strategies accordingly.
CONVENTION AND SPORTS
Destination Strengths
• Variety of Hotels and Brands
• Positive Relationship Between Visit
Tri-Cities, Hotels and Meeting Venues
• Three Rivers Convention Center
• HAPO Center
• Unique Offsite Event Venues
(i.e. wineries, etc.)
• Competitive Pricing
• Ample Complimentary Parking and Wi-fi
Offered at all Hotels and Meeting Venues
• Sports Facility Infrastructure
• Strong Sports Council
• Opportunity Funds Available
• Amenities and Attractions that
Appeal to Convention Groups
(i.e. wine experiences, outdoor
recreation, etc.)
Destination Challenges
• Lack of Hotels Capable of 200+ Room Block
• Lack of Resort-Style Hotels with Ample
Meeting Space
• Meeting Venues with Larger Meeting Space
in Competing Locations
• Limited Number of Meeting Rooms and
Exhibit Space Available Under One Roof
• Number of Hotel Rooms within Walking
Distance of Convention Center/
Large Facilities
• Hotels Converting to Studio Apartments
(losing hotel guest room inventory,
specifically the 197 room hotel with
meeting space)
• Newly Expanded Convention Centers in
Competing Locations
• Inability to Secure Funding to Expand the
Three Rivers Convention Center to Allow for
More Exhibit Space and Breakout Rooms
• Lack of Sports Officials
• Lack of Sports Field Availability
• Newly Developed Indoor and Outdoor
Multi-use Sports Facilities with
State-of-the-Art Amenities in
Competing Locations
• Continued Uncertainty of Future Pertaining
to COVID-19 Pandemic
• Lack of Family Attractions (i.e., family fun
centers, theme parks etc.)
• Distance from I-5 Corridor vs. Competition
LEISURE TRAVEL
Destination Strengths
• Heart of Washington Wine Country
• Water2Wine Cruise
• Agritourism Assets: Farmers’ Markets
and Festivals
• Popularity of Outdoor Recreation / Wide
Open Spaces
• Trail Systems
• Weather
• Water Recreation
• STEM Tourism Assets
• Travel Writer Outreach
• Easy Three Hour Drive from I-5
Corridor Destinations
• Consumer Sentiments About Driving vs
Flying for Travel
Destination Challenges
• Weak Reputation as a Wine Destination vs
Walla Walla or Woodinville
• Seasonal Demand
• Mountain & Snow Winter Driving
from key drive markets
• Perceived Lack of Family Activities
• Hanford B Reactor Public Tours on Hold
• Heavy Weekend Traffic on I-90
• Price of Airfare / Inconvenience of Air Travel
• Travel Safety Concerns Due to COVID
8 Page 16 of 165
COMPETITIVE SITUATION ANALYSIS
BUSINESS TRAVEL
Destination Strengths
• Less Price Sensitive for Airfare and Hotels
• Mid-week Demand Complements Weekend
and Convention Groups
• Recently Expanded Tri-Cities Airport • Direct Flights From Denver, Salt Lake City,
Seattle, Mesa/Phoenix, San Francisco,
Minneapolis and Burbank
Destination Challenges
• Some flights cancelled due to cutbacks in
2020 may be slow to return
• Destination Choice Not Influenced by Sales
and Marketing Efforts
• Mostly Mid-Week Travel
• Popularity of Zoom Meetings, Reducing in
Person Meetings and Travel
• Business travel reductions due to Covid-19
• Very Dependent on Hanford Business Trends
CONVENTION BOOKINGS
CONVENTIONS CANCELLED DUE TO COVID
SPORTS BOOKINGS
20,955
25,085
18,953
-25,978
10,057
12,000
-6,200
12,067
18,000
20,000
GUESTROOM PRODUCTIVITY
2019 2020 2021 2022
SPORTS CANCELLATIONS
TOTAL
-23,765 0
46,040 -20,733 17,867 38,000
RFP PRODUCTIVITY
QTR 1
QTR 2
QTR 3
40
64
74
60
18
18
23
22
25*
40*
40*
40*
2019 2020 2021 2022
QTR 4
TOTAL
87 15 40* 55*
265 111 104 175
LEADS ISSUED
*Estimated Production
9 Page 17 of 165
MEETINGS & CONVENTIONS
2022 ACTIONS
SALES BLITZES
Develop two separate multi-day sales blitzes in Spring (Olympia)
and Fall (location to be determined).
CUSTOMER EVENTS
Organize meeting planner customer appreciation luncheon in
the spring to promote the Tri-Cities as a destination. Event to
be held in conjunction with Spring Sales Blitz, and to be held in
person if possible.
MEETING PLANNER FAM TOURS
Host qualified meeting planners for individuals, customized
FAM tours.
RELATIONSHIPS
Continue staff attendance at Washington Society of Association
Executives (WSAE), Meeting Professionals International (MPI)
Washington Chapter and Professional Convention Management
Association (PCMA) monthly/quarterly meetings to strengthen
relationships with key meeting planners. Staff will continue to
serve on industry boards and committees such as WSAE, WTA
and SGMP.
OPPORTUNITY FUND
Utilize the opportunity fund specifically to offset costs for new
group business and groups that block more than 300 rooms per
night city-wide.
REGIONAL/STATE/NATIONAL CONFERENCES
AND TRADESHOWS
Attend the 2022 National Tour Association (NTA),
Washington Society of Association Executives (WSAE) and
Meeting Professionals International and (MPI) Cascadia
Annual Conferences. Participate in additional sponsorship
opportunities at each of these events for increased exposure.
SKYNAV
The Convention Sales Department will leverage the newly
added SkyNav program to secure conventions. The interactive
tour highlights points of interest with image galleries, videos
and information to assist meeting planners in selecting the
Tri-Cities for their events. The tour link will be included with all
electronic proposal packets, digital Meeting Planner Guide as
well as communications to meeting groups.
18,000
GUEST ROOMS BOOKED
$4,725,000
ESTIMATED ECONOMIC IMPACT
$2,070,000
ESTIMATED DIRECT
HOTEL SPENDING
10 Page 18 of 165
CONVENTION SALES
PROGRAM TOTAL:
$55,973
ADVERTISING
CVENT (Sept) = $7,500
DI EmpowerMINT (Jan) = $7,300
Meetings Today: $4,800 each (March, Aug) = $9,600
Total: $24,400
TRAVEL
Mileage for site inspections when VTC mobile is not
available, $65 per month = $780
Washington Society of Association Executives, attend one
association meeting (Oct) = $500
Meeting Planners International Annual Convention hotels,
meals and flight (March) = $1,000
Olympia Spring Sales Bliz: $500 per staff, 5 people
(March) = $2,500
Fall Sales Blitz: $500 per staff, 4 people (Oct) = $2,000
WSAE Convention: hotels, meals, travel at $500 per staff,
2 people (June) = $1,000
Training Classes: continuing education courses for 2 staff,
hotel, meals and travel at $2,000 per session
(May, Aug) = $4,000
Society of Government Meeting Professionals Winter
Workshop: hotel, meals, travel (Feb) = $300
National Tour Association: hotel, meals, travel
(Oct) = $1,600
Total: $13,680
TRADE SHOWS
Meeting Planners International: Registration for buyer
program and registration (Jan) = $1,100
Meeting Planners International: Sponsorship
(Feb) = $1,000
Washington Society of Association Executives:
Convention registration $450 per staff, 2 people
(May) = $900
Washington Society of Association Executives:
Conference Sponsorship (May) = $1,775
Society of Government Meeting Professionals Winter
Workshop: registration (Jan) = $100
National Tour Association (Oct) = $1,600
Total: $6,475
STAFF DEVELOPMENT
Continuing Education Training Courses: 3 staff to attend,
$1,000 registration (March, May, Aug) = $3,000
Total: $3,000
PROMO ITEMS
Amenities: $400 (Feb, Aug) = $800
Logo’d Items: $350 (Feb, Aug) = $700
Total: $1,500
DUES AND SUBSCRIPTIONS
Washington Society of Association Executives: Sapphire
Level sponsorship (Jan) = $2,550
Washington Society of Association Executives Dues:
$300 each (June) = $600
Meeting Planners International (Dec) = $489
Society of Government Meeting Professionals (April) = $400
Professional Conference Management Association
(March) = $485
National Tour Association (Feb) = $700
Religious Conference Management Association Dues
(May) = $195
NTA Sponsorship (Washington Delegation) (Oct) = $1,000
Military Reunion Network (May) = $499
Total: $6,918
Dues and Subscriptions
12.4%
Travel
24.4%
Promo Items
2.7%
Sta Development
5.4%
Trade Shows
11.6%
Advertising
43.6%
11 Page 19 of 165
SPORTS AND TOURNAMENTS
20,000
GUEST ROOMS BOOKED
$5,940,000
ESTIMATED ECONOMIC IMPACT
$2,100,000
ESTIMATED DIRECT
HOTEL SPENDING
2022 ACTIONS
SPORTS COUNCIL
Organize and administer activities for the Tri-Cities
Sports Council.
ADVERTISING
Place print and digital advertising as appropriate in publications
such as: Sports Events, Sports Destination Management, and
Sports Planning Guide.
SALES BLITZ
Conduct sales calls in November in a major metropolitan area
outside the Tri-Cities.
PROMOTE RESOURCES
Update the sports facilities guide, provide e-version and QR
Code links for consumer access.
FAM TOURS & SERVICES
Arrange both virtual and in-person site inspections for
tournament planners, provide tools and information for
promotional purposes and communicate with tournament
planners during their event.
SKYNAV
SkyNav tour links will be promoted in our communications
to sports groups. SkyNav allows tournament directors to
experience the Tri-Cities virtually and the ability to see
first-hand the amenities, attractions and accommodations
that would be available to their teams. The interactive tour
highlights points of interest with image galleries, videos and
information to aid tournament directors in understanding the
advantages of selecting the Tri-Cities.
OPPORTUNITY FUND
Utilize the opportunity fund specifically to offset tournament
costs for groups that block more than 300 rooms per
night city-wide.
TRADESHOWS
Promote the Tri-Cities as a premier sports destination at
National Tradeshow Events such as TEAMS, S.P.O.R.T.S,
EsportsTravel Summit, and Sports ETA.
CUSTOMER EVENTS
Sponsor events at annual national sports tradeshows.
BIDDING FEES
Bid on new regional/national level tournaments that demand
bidding fees to host events.
12 Page 20 of 165
SPORTS PROGRAM
TOTAL:
$86,005
ADVERTISING
Sports Events Magazine Featured Listing (Dec) = $1,000
Sports Planning Guide Site InSpection Feature
(July) = $2,000
Printed Sports Facilities Map (June) = $800
Total: $3,800
BIDDING FEES
USTA Tennis Championships (Aug) = $5,000
National Association of Intercollegiate Athletics, Softball
Opening Rounds (May) = $5,000
American Junior Golf Association (July) = $15,000
Total: $25,000
TRAVEL
Sports ETA Symposium: hotel, meals, travel at $1,420 per
staff, 2 people (April) = $2,840
TEAMS Conference: hotel, meals, travel at $1,745 per staff,
2 people (Oct) = $3,490
S.P.O.R.T.S-Relationship Conference: hotel, meals, travel
(Sept) = $1,745
Connect Sports Marketplace: hotel, meals, travel
(Aug) = $1,800
EsportsTravel Summit: hotel, meals, travel (Dec) = $1,490
Staff Development, Continuing Education Travel: $1,600
per staff, 2 people (May, July) = $3,200
Mileage for site inspections when VTC mobile is not
available = $300 per year
Total: $16,465
TRADE SHOWS
TEAMS Conference: registration for two staff $3,000,
sponsorship $10,000 (Feb) = $13,000
EsportsTravel Summit: registration (Feb) = $2,000
S.P.O.R.T.S-Relationship Conference: registration $1,500,
sponsorship $4,500 (March) = $6,000
Sports ETA Symposium: registration for two staff $2,390,
sponsorship $9,000 (Dec) = $11,390
Connect Sports Marketplace: registration
(March) = $4,450
Total: $36,840
STAFF DEVELOPMENT
Continuing Education Training Courses: 2 staff to attend,
$1,000 registration (May, July) = $2,000
Total: $2,000
PROMO ITEMS
Sports Amenities: $500 (April, Aug) = $1,000
Total: $1,000
DUES AND SUBSCRIPTIONS
National Association of Sports Commissions (NASC)
Membership (Dec) = $900
Total: $900
Travel
19.1%
Promo Items
1.2%
Sta Development
2.3%
Trade Shows
42.8%
Advertising
4.4%Bidding Fees
29.1%
Dues and Subscriptions
1.0%
13 Page 21 of 165
TOURISM DEVELOPMENT
2022 ACTIONS
WEBSITE
The Visit Tri-Cities website, VisitTri-Cities.com, is the
foundation of the organization’s marketing efforts as
all campaign’s “call to action” direct users to the website.
The website has been redesigned and augmented with new
technology, such as an itinerary builder and Crowdriff
(user generated content platform) to enhance the
visitor experience.
PROMOTE THE DESTINATION
Promote increased leisure travel through development of
campaigns targeting wine enthusiasts, foodies, golfers,
outdoor adventurers, cyclists and STEM tourism. The
campaigns will be geographically focused on metropolitan
areas that are within a 300-mile radius of the Tri-Cities as
well as markets with non-stop flights to the destination.
TRAVEL TRADE SHOWS
Target wine enthusiasts at consumer focused wine and food
events such as Taste Washington and Vintage Spokane.
MATERIALS
Develop marketing materials including, but not limited
to, Official Tri-Cities Visitor Guide and wine map.
Publications will be available online as many visitors access
information digitally, as consumers are increasingly aware
of environmental impacts and concerns of public health.
Additionally, digital publications are also easier to update,
which benefits the user as well as tourism-based businesses
and attractions.
ADVERTISE
Digital and social media advertising will be the primary
marketing channels, supplemented by broadcast and print
advertising campaigns. The advertising budget calls for
a little more flexibility to target not only seasonal needs
as they arise, but react to the changing landscape of
consumer’s travel needs.
SOCIAL MEDIA
Social media are marketing tools to connect with and
engage potential visitors. Visit Tri-Cities will promote the
destination through Tri-Cities, WA (25,943 followers)
on Facebook, as well as through Twitter and Instagram.
In 2022 we will increase social content, including video,
to boost engagement.
14
TECHNOLOGY
We will continue to lead the industry in technology
and improve visitor experience by investing in programs
and platforms:
o Bandwango (visitor passes and packages)
o SkyNav (virtual 360 tours of community attractions)
o SeeSource (consumer analytics)
o Kuula (virtual site inspections for meeting and
sports facilities)
TRI-CITIES WINE TOURISM COUNCIL
There has long been the need to assist wine industry
related businesses in becoming more cohesive and
organized in order to market the region. Visit Tri-Cities staff
provides management and leadership for the Tri-Cities
Wine Tourism Council, which works on marketing projects
designed to increase wine tourism.
PACKAGES
Work with member hotels to showcase their existing
packages to travel media and on the Visit Tri-Cities website.
CONSUMER E-NEWS
User generated content on the website and social media
channels will be supplemented by quarterly consumer
newsletters targeted to interest groups (outdoor recreation,
wine, science) to compel readers to plan leisure travel to
the region.
Page 22 of 165
TOURISM DEVELOPMENT
TOTAL:
$587,325
ADVERTISING
WTA State Official Visitor Guide (Nov) = $7,500
(Remainder Paid by Hotel-Motel Tax)
Social Media/Google Ads: $1,000 (Jan, June, Nov);
$2,000 (Feb, March, April, May, July, Aug, Sept, Oct);
$600 (Dec) = $19,600
Television Commercials in Puget Sound Region:
$25,000 each for Spring (May, June) and Fall
(Aug, Sept) = $50,000
Digital Ad Campaigns targeting group, sports, leisure
travel, varying by market and time frame as
needed ($106,250 per quarter, March, June,
Sept, Dec) = $425,000
Total: $502,100
TRAVEL
Tri-Cities Wine Tourism Council: Travel allowance to
support Tradeshows $600 for 1 staff member
(May) = $600
Training Classes: continuing education courses for 3 staff,
hotel, meals and travel at $2,000 per session (March, May,
and Sept) = $6,000
Total: $6,600
TRADE SHOWS
Spokane Wine Show “Vintage Spokane” (May) = $2,065
Total: $2,065
WEBSITE/ INTERNET MARKETING
Invest in Search Engine Optimization for new
website: SEO Package $9,000 a quarter (Jan, April,
July, Oct) = $36,000
Total: $36,000
COMPUTER LICENSING FEE:
Website Hosting Fee: $6,250 a quarter (March, June, Sept,
Dec) = $25,000 annually
iDSS: $2,250 per quarter (March, June, Sept, Dec) = $9,000
Blue Buzzard: $130 monthly = $1,560
Total: $35,560
STAFF DEVELOPMENT
Continuing Education Training Courses: 3 staff to attend,
$1,000 registration (March, July, Sept) = $3,000
Total: $3,000
PROMO ITEMS
Logo’d Swag $1,000 (April, Aug) = $2,000
Total: $2,000
15
Travel
1.1%Promo Items
0.3%
Sta Development
0.5%
Trade Shows
0.4%
Advertising
85.5%
Computer Licensing Fee
6.1%
Website/Internet Marketing
6.1%
Page 23 of 165
OVERALL BUDGET
DESTINATION MARKETING
ORGANIZATION (DMO)
FUNDING COMPARATIVE
The following chart provides historical look at a total budget comparative (including Hotel Motel Tax, Membership
Investments and Tourism Promotion Assessment) in key competitive markets.
$22,500,000
$15,000,000
$7,500,000
$0
HOTEL-MOTEL TAX INVESTMENTS
The following chart provides historical look at hotel-motel tax investments in key competitive markets.
$12,000,000
$9,000,000
$6,000,000
$3,000,000
$0
$24,566,000
$6,538,482
$3,420,000 $2,894,633 $2,800,000 $2,700,000 $1,657,585 $1,120,000
SEATTLE SPOKANE SEATTLE
SOUTHSIDE
TRI-CITIES YAKIMA
VALLEY
TACOMA VANCOUVER WALLA
WALLA
$13,119,000
SEATTLE SPOKANE SEATTLE
SOUTHSIDE
TRI-CITIES YAKIMA
VALLEY
TACOMA VANCOUVER WALLA
WALLA
$2,326,474
$0 $684,682 $750,000 $510,000 $351,467 $720,000
16 Page 24 of 165
DESTINATION MARKETING
ORGANIZATION (DMO)
FUNDING COMPARATIVE
TPA BUDGET
The following chart provides historical look at a tourism promotion assessments in key competitive markets.
$8,000,000
$6,000,000
$4,000,000
$2,000,000
$0
$7,735,000
$2,194,438
$3,408,000
$1,871,914
$607,832
$1,206,150 $1,206,150
$400,000
SEATTLE SPOKANE SEATTLE
SOUTHSIDE
TRI-CITIES YAKIMA
VALLEY
TACOMA VANCOUVER WALLA
WALLA
17 Page 25 of 165
DESTINATION MARKETING
ORGANIZATION (DMO)
FUNDING COMPARATIVE
APPENDIX
Visit Seattle $24,566,000 14,861 $1,653
Visit Spokane & Sports Commission $6,538,482 7,169 $912
Seattle Southside Tourism Authority $3,420,000 9,403 $364
Visit Tri-Cities $2,894,633 3,849 $752
Yakima Valley Tourism $2,800,000 3,061 $915
Travel Tacoma $2,700,000 7,000 $386
Visit Vancouver USA $1,657,585 2,835 $585
Walla Walla Tourism $1,120,000 1,100 $1,018
COMPETING CITY BUREAU BUDGET
NUMBER OF
HOTEL ROOMS
$ SPENT
PER ROOM
The following chart provides historical look at a total budget comparative (including Hotel Motel Tax,
Membership Investments and Tourism Promotion Assessment) in key competitive markets.
The following chart provides historical look at hotel-motel tax investments in key competitive markets.
Visit Seattle $13,119,000 14,861 $883
Visit Spokane & Sports Commission $2,326,474 7,169 $325
Yakima Valley Tourism $750,000 3,061 $245
Walla Walla Tourism $720,000 1,100 $655
Visit Tri-Cities $684,682 3,849 $178
Travel Tacoma $510,000 7,000 $73
Visit Vancouver USA $351,467 2,835 $124
Seattle Southside Travel Authority $0 9,403 $0
COMPETING CITY
HOTEL-MOTEL
TAX
NUMBER OF
HOTEL ROOMS
$ SPENT
PER ROOM
The following chart provides historical look at a tourism promotion assessments in key competitive markets.
Visit Seattle $7,735,000 14,861 $520
Seattle Southside Tourism Authority $3,408,000 9,403 $362
Visit Spokane & Sports Commission $2,194,438 7,169 $306
Visit Tri-Cities $1,871,914 3,849 $486
Travel Tacoma $1,400,000 7,000 $200
Visit Vancouver USA $1,206,150 2,835 $425
Yakima Valley Tourism $607,832 2,236 $272
Walla Walla Tourism $400,000 1,100 $364
COMPETING CITY TPA
NUMBER OF
HOTEL ROOMS
$ SPENT
PER ROOM
VISIT TRI-CITIES
2022 TPA BUDGET
18 Page 26 of 165
5010 Salaries $563,837.00 $567,750 $696,526 132,689 $128,776
5012 401k $22,553.00 $18,902 $33,527 10,974 $14,625
5015 Health Insurance $86,753.00 $75,526 $101,558 14,805 $26,032
5030 Payroll Taxes $50,745.00 $46,425 $58,508 7,763 $12,083
5035 Accounting Services $24,747.00 $24,711 $24,747 0 $36
5050 Telephone & Toll free $7,500.00 $7,467 $7,500 0 $33
5060 Office Expense $10,000.00 $7,469 $9,000 -1,000 $1,531
5070 Office Insurance $4,200.00 $4,517 $6,000 1,800 $1,483
5080 Postage $7,000.00 $2,215 $4,000 -3,000 $1,785
5090 Equipment Upkeep $22,000.00 $17,042 $22,000 0 $4,958
5092 Visit Mobile $3,660.00 $2,121 $3,660 0 $1,539
5095 Capital Expenditures $10,000.00 $8,703 $15,000 5,000 $6,297
5100 Office Rent $63,000.00 $63,000 $63,000 0 $-
5105 Legal/Professional $2,500.00 $1,068 $2,500 0 $1,432
5110 Dues & Subscriptions $7,200.00 $5,210 $7,200 0 $1,990
5112 Platform Fees $41,500.00 $39,429 $58,500 17,000 $19,071
5115 Computer Licensing Fee $36,000.00 $26,286 $36,000 0 $9,714
5225 Website Maintenance $36,000.00 $27,315 $38,000 2,000 $10,685
5230 Training $9,000.00 $8,488 $10,000 1,000 $1,512
5290 Advertising/Marketing $552,091.00 $363,550 $440,988 -111,103 $77,438
5300 Promo Items * $7,000.00 $2,152 $5,000 -2,000 $2,848
5310 Bid Fees $25,000.00 $25,000 $25,000 0 $-
5315 Travel $37,200.00 $16,868 $37,200 0 $20,332
5317 Trade Shows $46,500.00 $19,659 $46,500 0 $26,841
5500 Opportunity Fund $120,000.00 $73,780 $120,000 0 $46,220
Total
Expenses
$1,795,986 $1,454,653 $1,871,914
DESTINATION MARKETING
ORGANIZATION (DMO)
FUNDING COMPARATIVE
VISIT TRI-CITIES
2022 TPA BUDGET
City of Kennewick $772,273 $690,049 $804,923 32,650 $114,874
City of Richland $628,596 $607,107 $692,608 64,012 $85,501
City of Pasco $395,117 $343,797 $374,383 -20,734 $30,586
1000 Total Revenues: $1,795,986 $1,640,953 $1,871,914 75,928 $230,961
REVENUE 2021 BUDGET 2021 FORECAST
2022 PROJECTED
BUDGET
VARIANCE TO
2022 BUDGET
VARIANCE TO
2022 F/C
EXPENSES 2021 BUDGET 2021 FORECAST
2022 PROJECTED
BUDGET
VARIANCE TO
2022 BUDGET
VARIANCE TO
2022 F/C
APPENDIX19Page 27 of 165
7130 W. Grandridge Blvd., Ste. B
Kennewick, WA 99336
(509) 735-8486 | (800) 254-5824
VisitTri-Cities.com
Page 28 of 165
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ITEMS FOR DISCUSSION
•Tourism Promotional Area Programs
•TPA Budget
•Visit Tri-Cities 2021 Mid-Year Report
Page 30 of 165
FUNDED BY TOURISM PROMOTION
ASSESSMENT•Convention, Sports and Group Marketing
•Digital Advertising
•Social Media Advertising
•Broadcast Advertising
•Wine Country, STEM, and Outdoor
Advertising
•Website
•Regional and National Tradeshows
•Opportunity Fund Grants
Page 31 of 165
TRI-CITY REGIONAL
HOTEL-MOTEL
COMMISSIONCITY OF KENNEWICK
Mark Blotz, Clover Island Inn
Jerry Beach, A-1 Hospitality
Marie Mosley, Ex Officio, City of Kennewick
CITY OF PASCO
Monica Hammerberg, Hampton Inn & Suites Pasco / Tri-
Cities
Vijay Patel, A-1 Hospitality
Dave Zabell, Ex Officio, City of Pasco
CITY OF RICHLAND
Wendy Higgins, The Lodge at Columbia Point
Andrew Lucero, Richland Courtyard by Marriott
Jon Amundson, Ex Officio, City of RichlandPage 32 of 165
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AGENDA REPORT
FOR: City Council October 8, 2021
TO: Dave Zabell, City Manager City Council Workshop
Meeting: 10/11/21
FROM: Rick White, Director
Community & Economic Development
SUBJECT: Request for Consideration of C-2 Zoning Amendment
I. REFERENCE(S):
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
Use of ARPA Funds
IV. HISTORY AND FACTS BRIEF:
As determined by Council at the October 4th Regular Meeting, staff will initiate
the process for a City Council initiated text amendment to the C-2 Zoning District.
The process requires public notice per the Pasco Municipal Code and a properly
noticed Open Record Hearing before City Council.
As there is considerable interest and expectations within C-2 zone regarding this
effort, this report is to provide Council and the public with the anticipated timeline
and steps necessary to complete this effort. Per the discussion on this matter at
the October 4 City Council meeting, staff has already assembled the addresses
within the required notification area and at the time of this writing is preparing
the written notification document in English and Spanish.
The timeline includes the following:
• Mail out Public Notice document on 10/13/21 (property owners within the
C-2 District and within 300 feet of the same);
• Conclusion of the 14 day comment period on 10/27/21;
• Agenda Report/Ordinance preparation on 10/28/21; and
Page 45 of 165
• Receive public input, consideration of proposed ordinance and public
input by Council at an Open Record Hearing on 11/1/21.
• Passage of ordinance by Council, depending on public input received and
Council deliberations, could occur at the 11/1/21 meeting or later if
needed.
• Ordinance becomes effective five days after publication.
This schedule allows for proper public notice and a decision at an Open Record
Hearing through a transparent and codified process.
Council discussion is welcome.
V. DISCUSSION:
Page 46 of 165
AGENDA REPORT
FOR: City Council October 7, 2021
TO: Dave Zabell, City Manager City Council Workshop
Meeting: 10/11/21
FROM: Rick White, Director
Community & Economic Development
SUBJECT: Life and Safety Program for Commercial Structures
I. REFERENCE(S):
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
There has been discussion of the use of the American Rescue Plan Act (ARPA)
funds for building code improvements to privately owned commercial structures
both City-wide and in particular areas (Downtown Pasco).
This issue was considered by Council at the September 13th and 27th Workshop
meetings. A number of suggestions and policy considerations were posed by
Council. Staff has attempted to further refine use of the ARPA funds into the
following general guidelines for formulating a final program.
There are as many as 100 buildings in the Downtown core area that may be
eligible in some way for use of ARPA funds. As a side note - six (6) of these have
fire sprinkler systems.
V. DISCUSSION:
In developing a Program to account for what has been discussed thus far and
what has been brought forward by business community members, the following
guidelines are proposed for the use of ARPA funding:
ARPA Funds
• Use of ARPA funds is predicated on determination of eligibility;
Page 47 of 165
• Use of ARPA funds to be limited to common wall structures/complexes
with buildings at least 50 years of age in the Downtown “common wall”
area
• ARPA funds are to be focused on increasing physical capacity or stability
of the structure and may include improvements to electrical, ventilation,
fire suppression systems, plumbing and weatherization;
• ARPA funds will be made available on a reimbursement basis for
qualifying projects ranging from $5,000 to $100,000 per building/property
and is to be a grant without a match requirement;
• Approval to alter the structure by the building owner, or other auth orized
party(ies), shall be a requirement for award and accompany applications
for this program.
• A “period of continuity” is required for acceptance of the funds. The
current use of the structure must continue for at least 2 years after receipt
of the funds. If the 2year period is interrupted by a use different than the
current use, or the building is vacated – the funds shall be repaid.
• A “period of continuity” agreement shall be entered into between the
property owner and City and recorded with the County Auditor to run with
the land.
For additional consideration on the focused use of ARPA funds, staff has enlisted
an engineering consultant to assess buildings eligible for use of ARPA funds for
a summary of the scope and scale of needed system improvements. It is
probable that such an assessment will yield cost savings, a more efficient use of
funding and lessen delays in program implementation.
Further Council discussion is welcome on this issue.
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AGENDA REPORT
FOR: City Council October 7, 2021
TO: Dave Zabell, City Manager City Council Workshop
Meeting: 10/11/21
FROM: Rick White, Director
Community & Economic Development
SUBJECT: Nuisance Determination and Regulation
I. REFERENCE(S):
Presentation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
The City of Pasco has made remarkable progress in addressing blight,
hazardous property conditions and threats to public safety and private
investment over the last three decades. As a result of addressing these issues,
the City has experienced significant residential, commercial and industrial
growth and development.
One of the tools used by the City in addressing negative property conditions is
the Code Enforcement Board – a Council appointed body of citizens that act in
a quasi – judicial capacity to enforce the City’s nuisance regulations.
The Code Enforcement Board has the authority to conduct hearings on civil
violations of the Pasco Municipal Code (PMC); determine whether violations of
the PMC have occurred; assess penalties where it is determined that violations
have occurred and act as an advisory body to the City Council, City Manager
and staff in matters related to code enforcement and civil violations.
The Code Enforcement Board relies on the Pasco Municipal Code relative to
definition and determination of "nuisances."
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The Presentation to Council will focus on the predominant categories of nuisance
occurrences. Staff will appreciate any Council discussion of pertinent issues.
V. DISCUSSION:
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Pasco City Council Meeting
October 11th , 2021Page 51 of 165
Inspection Services
The Code Enforcement Division Is made
up of 5 Certified Code Officers
1 –Lead Code Officer
1 -Rental Inspector
1 –Counter Contact
2 -Dedicated to Nuisance complaintsPage 52 of 165
Complaints Received per year
Pre-AskPasco –
4000 (approx.)
Post AskPasco –
4500 +Page 53 of 165
Top ComplaintsPage 54 of 165
Overgrown Weeds
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Cont. Page 56 of 165
Unpermitted Construction Page 57 of 165
Cont.Page 58 of 165
Fences
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Cont.Page 60 of 165
Rv’s and Trailers
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Cont.Page 62 of 165
Garbage
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Cont.Page 64 of 165
Driveways
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Cont.Page 66 of 165
Basketball Hoops
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Cont.Page 68 of 165
Graffiti
Page 69 of 165
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HOOPS
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2018 2019 2020 2021 (75%)Page 71 of 165
Pasco City Council Meeting
October 11th , 2021Page 72 of 165
AGENDA REPORT
FOR: City Council October 6, 2021
TO: Dave Zabell, City Manager City Council Workshop
Meeting: 10/11/21
FROM: Bob Gear, Fire Chief
Fire Department
SUBJECT: Resolution - Reserve Center Lease Extension with the Port of Pasco
I. REFERENCE(S):
Proposed Resolution
Proposed Lease Amendment No. 1
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
$6,094.06 per month ($73,128.72 annually) for the building lease.
IV. HISTORY AND FACTS BRIEF:
The City has been leasing the former Army Reserve building located at 1011 E.
Ainsworth Fire the house to Department September since Street 2016
Administrat Emergency Franklin with agreement County with staff ive an
Management (FCEM) to share space in the facility. The facility has worked well
to house the Administrative Staff, provide training and classroom areas, and
fostered ongoing working relationships and coordination with Franklin County
Emergency Management.
A request to renew the lease for an additional 5 -years as outlined in Article 3 of
the lease has been made to the Port of Pasco. The proposed lease extension
provides for rent adjustments on a 3-year basis. The rent was adjusted in 2020,
so an increase is not expected until 2023.
In addition to the main building, an additional separate lease for the training
grounds to the north of the building has been established as well as significant
infrastructure Assistance investments in the training grounds (FEMA to
Page 73 of 165
Firefighters Grant funded training burn prop, air compressor fill station for
breathing air, and restroom and rehabilitation facility to support outdoor training).
The training ground lease is current and is valid through October 2027.
Of note, this facility has proven to be a valuable asset throughout the pandemic,
allowing for receiving, storage, organization and distribution of critical supplies
(PPE), meeting space for regional meetings, and adequate space to facilitate a
coordinated response among agencies involved.
V. DISCUSSION:
The administrative offices in the Ainsworth building have worked out well,
allowing the Administrative staff to work closely together without impacting the
typical day-to-day operations of the fire stations. With the increased staffing on
the administrative side (an additional deputy fire chief, assistant medical
officer/training officer), the space has proven to be an asset and of continued
use to house and train not only Fire Department personnel, but also City and
FCEM sponsored training.
With the 10-year lease of the adjacent training ground and continued investment
in that property and capabilities, the use of the offices and classroom space is a
key element of the success of the Pasco Fire Training Division. The building has
hosted four joint recruit firefighter academies (with Kennewick and Richland Fire
Departments) and is the preferred location to conduct the academy training. The
ability to use both facilities is the key to the academy success. The Training
Division will maintain a presence in the facility using one of the offices, a bull pen
area and the classroom areas.
Additionally, the Training Division through grant funding has created a
“Command Lab” in the building to allow firefighters to actually operate fire
apparatus into the building and respond to a simulated emergency using
projectors and computer simulation software. Additional projectors and software
in the conference room and classrooms allow for different views of the incident,
adding to the realistic nature of moving crews to different “areas” of the incident.
Franklin County Emergency Management is currently occupying space in the
Port of Pasco facility including the Emergency Operations Center for Franklin
County, administrative offices, and storage. The FCEM sublease with the City
outlines the shared cost of the facility and associated cost for their occupied
space. The space works well for FCEM as they frequently interact with Fire
Department staff and conduct joint operations and training. Several large
training drills/exercises have been conducted in the facility in addition to serving
as a coordination center during several larger scale incidents over the previous
five years.
Page 74 of 165
The implementation of the Pasco Resource Navigator (PRN) program has
required additional room for the Navigator to operate. The PRN currently shares
office space with the Medical Officer, which is not ideal when discussing certain
plans and history of clients. With the expected move of the Medical Officer to
Station 84/Headquarters station on Court, this frees up private office space for
the PRN personnel. With the addition of a second PRN person using the funded
intern position through Consistent Care and the Greater Columbia Accountable
Community of Health (GCACH), additional office space will be required.
Relocation of the Chief, Deputy Chief, Medical Officer and Administrative
Assistant to Station 84/Headquarters frees up office space for the PRN program.
In addition to the offices, classroom, and Emergency Operations Center there is
a large well-equipped kitchen and bathrooms with showers to support 24-hour
operations of the facility.
The facility also has a large indoor parking area which is utilized to house reserve
ambulances and the reserve/training fire engine. This apparatus is used to train
both new recruits as well as support other classes and training to keep front line
equipment in service.
The building is approximately 16833 square feet. The space will be
approximately divided as follows:
• Fire Department Administration & Training – 6943 square feet.
• Emergency Management – 3732 square feet
• Common area; (bathrooms, classroom, conference rooms etc.) 6251
square feet
Note: Common area costs will be split between all users
As discussed above, the lease renewal of the Port building will meet the near
and mid-term need of the City and FCEM. The colocation of multiple operations
and interagency partnership will allow these needs to be met in a cost -effective
and affordable manner for the City operations involved and FCEM.
Page 75 of 165
Resolution – Amendment No. 1 to Term Building Lease
(Port of Pasco/City of Pasco) - 1
RESOLUTION NO. ____
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE CITY MANAGER TO SIGN AND EXECUTE
AMENDMENT NO. 1 TO THE TERM BUILDING LEASE BETWEEN THE
PORT OF PASCO AND THE CITY OF PASCO.
WHEREAS, pursuant to the City’s lease with the Port of Pasco for the property located
at 1011 E. Ainsworth, the “Premises”, dated September 7, 2016, the term of the lease shall
extend automatically, absent notice from the City to not so extend, for a period of five (5) years;
and
WHEREAS, pursuant to the Premises Lease the City has not notified the Port of Pasco
of its intent to not extend the lease, and the City does wish to allow the automatic extension of
this lease for the first, of potentially two, five (5) year extension terms; and
WHEREAS, the automatic extension of the Premises Lease will change the lease term
and no other terms are hereby amended.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PASCO, WASHINGTON:
Section 1. That the City Council of the City of Pasco approves the terms and conditions
of the Amendment No. 1 to the Term Building Lease between the Port of Pasco and the City of
Pasco; a copy of which is attached hereto and incorporated herein by reference as Exhibit A.
Section 2. The City Manager of the City of Pasco, Washington, is hereby authorized,
empowered, and directed to sign and execute said Amendment on behalf of the City of Pasco.
Be It Further Resolved, that this Resolution shall take effect immediately.
PASSED by the City Council of the City of Pasco, Washington this ___ day of _____,
2021.
_____________________________
Saul Martinez
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
Page 76 of 165
COP-TB-080116 EEO#1
NOTICE OF EXERCISE OF OPTION
COP-TB-080116
On or about the 7th day of September, 2016, the PORT OF PASCO, a municipal corporation of
the State of Washington (“Port”), entered into a Lease Agreement (“Lease”) with City of Pasco
(“Lessee”) for the lease of the following described premises situated in Franklin County, Washington:
Approximately 16,833 square feet of Building OP1011 located at 1011 E Ainsworth Street plus 1.6
acres of land surrounding the building.
Article 3 of the Lease Agreement affords Lessee the option to extend the Lease for a period of Five
(5)years, commencing September 1, 2021 and ending August 31, 2026.
Lessee warrants that Lessee is not in default in any provision of the Lease, and hereby exercises
its option to renew the Lease for the period described in the Lease, according to all the terms,
provisions, covenants, and agreements of the Lease, including those relating to increased rent and
security requirements.
DATED this _____ day of _______________, _____.
City of Pasco
LESSEE
By:
Its:
EXHIBIT A
Page 77 of 165
AGENDA REPORT
FOR: City Council October 6, 2021
TO: Dave Zabell, City Manager City Council Workshop
Meeting: 10/11/21
FROM: Bob Gear, Fire Chief
Fire Department
SUBJECT: Resolution - Amended Agreement with TCA, Inc. for Architectural and
Engineering Services for Fire Department Facilities
I. REFERENCE(S):
TCA Added Services Proposal, September 9th, 2021
Original Design Work and New Design
Site Map
Utility Site Map
Proposed Resolution for Fire Department Design Services
Proposed Amendment No. 1 - Fire Department Design Services
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
$43,570.00
IV. HISTORY AND FACTS BRIEF:
In March of 2021, Council approved Resolution No. 4042, contracting with TCA
Architecture and Design for the Design of Fire Station 85 on Road 100 at Maple
Street. The original fee for this service was $497,205. This Added Services
Proposal would add $43,570 to the original sum.
V. DISCUSSION:
In the process of planning for the site, and in consideration of the surrounding
area, it became apparent that that the extension of Maple Street through the site
represented a last opportunity to connect Rd. 96 to Rd. due to a lack of foresight
with respect to connectivity as the area has developed thus far. The Maple Street
connection 100 would be of great benefit to the area as its development would;
Page 78 of 165
improve connectivity to neighborhoods served off Rd. 96, extend sanitary sewer
to the area, meet densities within future developments as envisioned in the land
use comprehensive plan, and provide for decreased response times in the
immediate vicinity of future Station 85.
To gain these advantages, it is necessary to expand the scope of the preliminary
design for Fire Station 85 to include relocation of underground vaults on the
Southwest corner of the property and plan for the extension of Maple Street to
the rear of the property. The relocation of the aforementioned utility vaults is
necessary as they are located within the future Maple Street alignment. The
expanded scope will result in additional architectural and civil design work.
Page 79 of 165
September 9, 2021
Exhibit B: Added Services Proposal
RE: City of Pasco – Fire Station 85 Utility Relocation and Road Improvements
6211 Roosevelt Way Northeast | Seattle, WA 98115 | 206 522 3830 | www.tca-inc.com
Added Scope Summary
The added scope is for relocating the existing utilities at the Southwest corner of the site, redeveloping
the Site Plan for Station 85
This work and associated fee is accordance with the Project Scope per attached Exhibit A.
Harms Engineering Lump Sum Fee
*Task B: Design Development $-3,000
Task D: Record Drawing $1,400
Task E: Utility Relocations, Maple Dr.
& Road 100 Frontage Improvements $20,000
Subtotal $18,400
*Task B Fee reduced from Pasco Fire Station 85 and relocated into Task E
Harms Allowance (billed on a T&M basis)
Task F: Bidding and Construction Support $6,700
TOTAL HARMS $25,100
TCA Lump Sum Fee (Expense to date)
Site redesign, coordination $4,030
TCA Markup on Harms Lump Sum @ 10% $1,840
Subtotal $5,870
TCA Allowance (billed on a T&M basis)
Specification’s development, document coordination,
bidding, construction support, close out,
10% mark-up on Harms T&M $14,000
GRAND TOTAL $43,570
Please let me know if you have any questions. We look forward to continuing work with the City on this
critical project.
Sincerely,
Brian Harris
Brian J. Harris AIA, Principal
TCA Architecture + Planning + Design
Sarah Elley
Sarah M. Elley Project Architect
TCA Architecture + Planning + Design
Page 80 of 165
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Page 84 of 165
Resolution – PSA Amendment with TCA
Fire Station 85 Design Contract No. 21-03 - 1
RESOLUTION NO. _______
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
APPROVING THE ACCEPTANCE OF AMENDMENT NO. 1 TO THE TCA
CONTRACT FOR STATION 85 DESIGN CONTRACT NO. 21-03.
WHEREAS, the City desires to have certain services and/or tasks performed as set forth
in Contract No. 21-03 requiring specialized skills, training, equipment, and other supportive
capabilities; and
WHEREAS, the Consultant has previously represented that they are 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
Contract No. 21-03 upon which the City is relying; and
WHEREAS, the Consultant has brought to the City’s attention the need to expand the
scope of design for Contract No. 21-03, to include relocation of underground utilities vaults; and
WHEREAS, the adjusted scope of design for Contract No. 21-03 will add an additional
$43,570 to the original contract price; and
WHEREAS, City staff has determined that this additional scope of design cost is
reasonable in light of the experience and professional skills involved in completing the work.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
Section 1. The City Council of the City of Pasco hereby finds that the Consultant is the
most highly qualified firm to complete the additional scope of design, and that the cost of the
additional work is both fair and reasonable, and hereby authorizes Amendment No. 1 to Contract
No. 21-03 to include the additional design elements noted in the attached Amendment No. 1 hereby
incorporated by this reference as Exhibit A.
Be It Further Resolved, that this Resolution shall take effect immediately.
Page 85 of 165
Resolution – PSA Amendment with TCA
Fire Station 85 Design Contract No. 21-03 - 2
PASSED by the City Council of the City of Pasco, Washington and approved as provided
by law this day of , .
Saul Martinez
Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
Page 86 of 165
PSA Fire Department Design Services 2021-2022 Amendment No. 1 - 1
PROFESSIONAL SERVICES AGREEMENT
Amendment No. 1
Fire Department Design Services for 2021-2022
THIS AMENDMENT NO. 1 to the Professional Services Agreement for Fire Department
Design Services for 2021 thru 2022 is made this 18th day of October, 2021, by and between the
City of Pasco, a Washington Municipal Corporation, hereinafter referred to as “City”, and TCA
Architecture Planning, hereinafter referred to as “Consultant.”
WHEREAS, the City and Consultant entered into a Professional Services Agreement for
Fire Department Design Services for 2021 thru 2022 on the 15th day of March, 2021; and
WHEREAS, the City desires to have certain services and/or tasks performed as set forth
in Contract No. 21-03 requiring specialized skills, training, equipment, and other supportive
capabilities; and
WHEREAS, the Consultant has previously represented that they are 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
Contract No. 21-03 upon which the City is relying; and
WHEREAS, the Consultant has brought to the City’s attention the need to expand the
scope of design for Contract No. 21-03, to include relocation of underground utilities vaults; and
WHEREAS, the adjusted scope of design for Contract No. 21-03 will add an additional
$43,570 to the original contract price; and
WHEREAS, City staff has determined that this additional scope of design cost is
reasonable in light of the experience and professional skills involved in completing the work.
THE FOLLOWING PROVISIONS OF THE ABOVE REFERENCED
AGREEEMENT ARE HEREBY AMENDED AS FOLLOWS:
Section 1. Scope of Services. The Consultant shall perform services and accomplish such
tasks, including the furnishing of all labor, materials, facilities and equipment necessary for full
performance thereof, to complete design work specific to relocation of underground vaults,
realignment and extension of Maple Street across the south property line, and those duties as
identified and designated as Consultants Responsibilities throughout this Agreement, and as more
particularly described as providing Architectural Design and Engineering services for Fire
Department building design as addressed in the attached RFQ for Fire Station Design Services
(Attachment 1).
EXHIBIT A
Page 87 of 165
PSA Fire Department Design Services 2021-2022 Amendment No. 1 - 2
Section 2. All remaining terms and conditions not inconsistent herewith shall remain in
full force and effect.
IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to PSA Fire
Station Design 2021-2022 to be executed on this _____ day of October 2021.
CITY: CONSULTANT:
By: _________________________ By: _____________________________
Dave Zabell, City Manager _____________________________
TCA Architecture Planning Inc. P.S.
ATTEST:
____________________________
Debra Barham, CMC
City Clerk
APPROVED AS TO FORM:
____________________________
Kerr Ferguson Law, PLLC
City Attorney
Page 88 of 165
AGENDA REPORT
FOR: City Council September 27, 2021
TO: Dave Zabell, City Manager City Council Workshop
Meeting: 10/11/21
FROM: Steve Worley, Director
Public Works
SUBJECT: Resolution - Public Works Board $10M Loan Agreement - Zone 3 Storage
Reservoir Construction
I. REFERENCE(S):
Resolution
Loan Agreement
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
Award of a $10M low interest loan to fund the construction of the Zone 3 Water
Storage Reservoir project. The loan is administered by the Public Works Board
(PWB) and has a 20-year term with an effective interest rate of 0.94%.
The project these funds will support would otherwise need to be funded through
a revenue bond, those rates are currently on the order of 3.5% - 4.25%.
The low interest loan reduces debt service requirements over revenue bond, a
significant savings to the ratepayers over the life of the debt, and in effect
lessening the need for additional rate funded dollars from the ratepayers over
the next two decades.
IV. HISTORY AND FACTS BRIEF:
The 2019 Comprehensive Water System Plan identified the need for two future
water storage reservoirs to accomodate the next 20 years of planned growth;
one in Zone 2 of the water system and one in Zone 3. Water system zones are
determined based on land elevations across the City. The Zone 2 area is lower
in elevation than Zone 3. Zone 3 consists of the no rthern, highest areas of the
City.
Page 89 of 165
Pasco's unprecedented rapid growth in the past decade and the growth outlined
in the recently adopted Comprehensive Plan, requires that the Zone 3 reservoir
be completed within the next few years. The commitment on m ultiple major
private investments, including Darigold, requires that the Zone 3 Reservoir be
operational by mid-2023.
Pasco's water system currently operates with a storage capacity deficit. This
deficit is projected to increase by the end of 2023 due to increased demand from
continued growth and a new dairy processing customer.
distribution treatment complements project and 3 Zone The reservoir
improvements already planned and underway for Zone 3 of the City’s domestic
water system. These planned improvements include:
• West Pasco Water Treatment Plant (WPWTP) Expansion
• Water Transmission Main - WPWTP to Zone 3
The Zone 3 Reservoir project consists of the design and construction of a new
3.5-million-gallon (MG) water storage reservoir to serve and expand the City’s
domestic commercial, and residential, new to system water accomodate
industrial growth.
All three projects identified above will together provide adequate supply,
increased reliability, and improved redundancy to all existing and new customers
in the northern part of the City.
The Zone 3 Reservoir design and construction will be a collaborative effo rt
between the City and a Design-Build team. Three Design-Build teams are
currently going through the final stage of the qualification and selection process.
Formal selection is anticipated to be complete in October 2021.
V. DISCUSSION:
Earlier this year, City staff prepared and submitted a loan application to the
Washington Public Works Board (PWB) for the Zone 3 Reservoir project. The
Public Board helps that agency Works a is fund state infrastructure
improvements in Cities througout the state. The application requested the
maximum loan amount of $10M based on a total project estimate of $11.7M. In
June of this year, the PWB approved the City's application for the construction
phase of the project.
The final cost of the Zone 3 Reservoir project will be determined as the project
progresses through the Progressive Design-Build process.
Page 90 of 165
The proposed contract is provided as an attachment, the highlights are as
follows:
• Loan Amount: $10,000,000
• Loan Term: 20 Years
• Interest: 0.94%
Staff recommends approval of the $10M Construction Loan from the Public
Works Board for the Zone 3 Water Reservoir Storage project.
Page 91 of 165
Resolution – Public Works Board – Construction Loan Agreement
RESOLUTION NO. _________
A RESOLUTION AUTHORIZING EXECUTION OF THE $10M LOAN
AGREEMENT WITH THE PUBLIC WORKS BOARD FOR THE ZONE 3
RESERVOIR STORAGE TANK PROJECT.
WHEREAS, the project consists of the design and construction of a new 3.5-million-
gallon (MG) storage reservoir to serve the City’s Potable water system which will help expand the
City’s domestic water system; and
WHEREAS, the new storage tank will increase resiliency of the system, address a current
system storage deficiency, provide water to current and future utility ratepayers, and support
economic development; and
WHEREAS, the project will include engineering design, site investigation, environmental
permitting, Department of Health permitting, construction, inspection, and project management;
and
WHEREAS, on June 25, 2021, the City received authorization from the Capital Projects
Advisory Review Board (CPARB) to utilize Design-Build alternative delivery method for this
project; and
WHEREAS, the City is currently soliciting pursuant to RCW 39.10.330 teams of
Engineering Consultant and Contractors for a qualifications based selection of the highest scoring
qualified team, based on the City’s evaluation criteria set out in it’s Request for Qualifications and
Request for Proposals, for the progressive design and construction of the storage reservoir; and
WHEREAS, on August 6, 2021, the Public Works Board awarded a low interest loan to
the City for the Construction of this project with a 0.94% interest rate and loan term of 20-years;
and
WHEREAS, on October 6, 2021, the City’s special counsel reviewed the loan contract
with the Public Works Board and provided an opinion that the City’s incurrence of this financial
obligation by the loan will not cause the City to exceed any statutory or administrative debt
limitation applicable to the City; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
Section 1. The City Council of the City of Pasco hereby authorizes the City Manager to
execute the Loan Agreement, a copy of which is attached hereto, and incorporated herein by this
reference as Exhibit A with The Public Works Board, to make minor substantive adjustments, and
to take all necessary steps required to complete this agreement; and
Page 92 of 165
Resolution – Public Works Board – Construction Loan Agreement
Be It Further Resolved that this Resolution shall be in full force and effect upon adoption.
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 93 of 165
CONTRACT FACE SHEET
Contract Number: PC22-96103-049
PUBLIC WORKS BOARD
CONSTRUCTION LOAN CONTRACT
1. Contractor 2. Contractor Doing Business As (optional)
City of Pasco
525 N. Third Avenue
PO Box 293
Pasco, WA 99301
N/A
3. Contractor Representative 4. Public Works Board Representative
N/A N/A
5. Contract Amount 6. Funding Source 7. Contract Start
Date
8. Contract End
Date
$10,000,000 Federal: State: Other:
N/A:
Contract Execution
Date
June 1, 2041
9. Federal Funds (as applicable)
N/A
Federal Agency
N/A
CFDA Number
N/A
10. Tax ID #11. SWV #12. UBI #13. DUNS #
N/A SWV0007164-00 113-001-926 N/A
14. Contract Purpose
Fund a project of a local government for the planning, acquisition, construction, repair, reconstruction,
replacement, rehabilitation, or improvement of streets, roads, bridges, drinking water systems, stormwater
systems, sanitary sewage systems, or solid waste facilities, including recycling facilities.
The BOARD, defined as the Washington State Public Works Board and Contractor acknowledge and accept
the terms of this Contract and attachments and have executed this Contract on the date below to start as of
the date and year last written below. The rights and obligations of both parties to this Contract are governed by
this Contract and the following other documents that are incorporated by reference: Contract Terms and
Conditions including Declarations Page; and Attachment I: Attorney’s Certification.
FOR THE CONTRACTOR FOR PUBLIC WORKS BOARD
Signature
Dave Zabell
Print Name
City Manager
Title
Date
Kathryn A. Gardow, Public Works Board Chair
Date
APPROVED AS TO FORM ONLY
_September 22, 2021___________________________
Dawn C. Cortez
Assistant Attorney General
DocuSign Envelope ID: 7A364BE3-49C0-4A8F-A675-7542ABBA0E19 EXHIBIT A
Page 94 of 165
2
DocuSign Envelope ID: 7A364BE3-49C0-4A8F-A675-7542ABBA0E19
Page 95 of 165
3
DECLARATIONS
CLIENT INFORMATION
Legal Name: City of Pasco
Loan Number: PC22-96103-049
PROJECT INFORMATION
Project Title: Zone 3 Reservoir Storage Tank
Project City: Pasco
Project State: Washington
Project Zip Code: 99301
LOAN INFORMATION
Loan Amount: $10,000,000
Total Estimated Cost: $10,000,000
Total Estimated Project Funding: $10,000,000
Loan Forgiveness % (if applicable): 0%
Loan Term: 20
Interest Rate: 0.94%
Payment Month: June 1st
Loan Reimbursement Start Date: August 6, 2021
Time of Performance 60 months from Execution Date of this Contract to Project
Completion.
SPECIAL TERMS AND CONDITIONS GOVERNING THIS LOAN AGREEMENT
LOAN SECURITY CONDITION GOVERNING THIS LOAN AGREEMENT
This loan is a revenue obligation of the CONTRACTOR payable solely from the net revenue of the Domestic Water
system. Payments shall be made from the net revenue of the utility after the payment of the principal and interest on any
revenue bonds, notes, warrants or other obligations of the utility having a lien on that net revenue. As used here, “net
revenue” means gross revenue minus expenses of maintenance and operations. The BOARD grants the CONTRACTOR
the right to issue future bonds and notes that constitute a lien and charge on net revenue superior to the lien and charge
of this loan agreement.
SCOPE OF WORK
The Zone 3 Reservoir Storage Tank project designs and constructs an approximately 3.5 -million-gallon (MG) potable
water storage reservoir.
The project costs may include but are not limited to: engineering, cultural and historical resources, environmental
documentation, review, permits, public involvement, bid documents and construction. The project needs to meet all
applicable Local, State, and/or Federal standards.
DocuSign Envelope ID: 7A364BE3-49C0-4A8F-A675-7542ABBA0E19
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TABLE OF CONTENTS
CONTRACT TERMS AND CONDITIONS ................................................................................. 1
Part 1. SPECIAL TERMS AND CONDITIONS ........................................................................ 1
1.1 Definitions .............................................................................................................................1
1.2 Authority ................................................................................................................................1
1.3 Purpose .................................................................................................................................1
1.4 Order of Precedence ............................................................................................................1
1.5 5- year deferral for start-up systems ..................................................................................2
1.6 Competitive Bidding Requirements ...................................................................................2
1.7 Default in Repayment ...........................................................................................................2
1.8 Investment Grade Audit .......................................................................................................2
1.9 Sub-Contractor Data Collection ..........................................................................................2
1.10 Eligible Project Costs ...........................................................................................................2
1.11 Historical and Cultural Resources ......................................................................................3
1.12 Performance Incentives .......................................................................................................3
1.13 Project Completion Amendment and Certified Project Completion Report ...................4
1.14 Project Signs .........................................................................................................................4
1.15 Rate Loan Forgiveness and Term of Loan.........................................................................5
1.16 Recapture ..............................................................................................................................5
1.17 Reimbursement Procedures and Payment ........................................................................5
1.18 Repayment ............................................................................................................................6
1.19 Reports ..................................................................................................................................7
1.20 Termination for Cause .........................................................................................................7
1.21 Termination for Convenience ..............................................................................................7
1.22 Time of Performance ............................................................................................................7
1.23 Contract Suspension ...........................................................................................................7
1.24 Special Conditions ...............................................................................................................8
1.25 Loan Security ........................................................................................................................8
Part 2. GENERAL TERMS AND CONDITIONS ...................................................................... 9
2.1 DEFINITIONS ..........................................................................................................................9
2.2 Allowable Costs .....................................................................................................................9
2.3 ALL WRITINGS CONTAINED HEREIN .................................................................................9
2.4 AMENDMENTS .......................................................................................................................9
2.5 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, also
referred to as the “ADA” 28 CFR Part 35 .....................................................................................9
2.6 APPROVAL .............................................................................................................................9
2.7 ASSIGNMENT ...................................................................................................................... 10
2.8 ATTORNEYS’ FEES ............................................................................................................ 10
2.09 CODE REQUIREMENTS .................................................................................................... 10
2.10 CONFIDENTIALITY/SAFEGUARDING OF INFORMATION ............................................. 10
2.11 CONFORMANCE ................................................................................................................ 10
2.12 CONFLICT OF INTEREST.................................................................................................. 11
2.13 COPYRIGHT PROVISIONS ................................................................................................ 11
2.14 DISALLOWED COSTS ....................................................................................................... 11
2.15 DISPUTES ........................................................................................................................... 12
2.16 DUPLICATE PAYMENT ..................................................................................................... 12
2.17 GOVERNING LAW AND VENUE ....................................................................................... 12
2.18 INDEMNIFICATION ............................................................................................................ 12
2.19 INDEPENDENT CAPACITY OF THE CONTRACTOR ...................................................... 13
2.20 INDUSTRIAL INSURANCE COVERAGE ........................................................................... 13
2.21 LAWS .................................................................................................................................. 13
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2.22 LICENSING, ACCREDITATION AND REGISTRATION .................................................... 13
2.23 LIMITATION OF AUTHORITY ............................................................................................ 13
2.24 Local Public Transportation Coordination ..................................................................... 13
2.25 NONCOMPLIANCE WITH NONDISCRIMINATION LAWS ............................................... 13
2.26 PAY EQUITY ....................................................................................................................... 13
2.27 POLITICAL ACTIVITIES ..................................................................................................... 14
2.28 PREVAILING WAGE LAW ................................................................................................. 14
2.29 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION .............................. 14
2.30 PUBLICITY .......................................................................................................................... 14
2.31 RECAPTURE ...................................................................................................................... 14
2.32 RECORDS MAINTENANCE ............................................................................................... 15
2.33 REGISTRATION WITH DEPARTMENT OF REVENUE .................................................... 15
2.34 RIGHT OF INSPECTION .................................................................................................... 15
2.35 SAVINGS ............................................................................................................................ 15
2.36 SEVERABILITY .................................................................................................................. 15
2.37 SUBCONTRACTING .......................................................................................................... 15
2.38 SURVIVAL .......................................................................................................................... 16
2.39 TAXES ................................................................................................................................. 16
2.40 TERMINATION FOR CAUSE ............................................................................................. 16
2.41 TERMINATION FOR CONVENIENCE ............................................................................... 16
2.42 TERMINATION PROCEDURES ......................................................................................... 16
2.43 TREATMENT OF ASSETS ................................................................................................. 17
2.44 WAIVER .............................................................................................................................. 17
ATTACHMENT I: ATTORNEY’S CERTIFICATION .............................................................. 189
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1
CONTRACT TERMS AND CONDITIONS
PUBLIC WORKS BOARD
CONSTRUCTION LOAN PROGRAM
Part 1. SPECIAL TERMS AND CONDITIONS
1.1 Definitions
As used throughout this Construction Loan Contract the following terms shall have the meaning set forth
below:
A. “Contract” shall mean this Construction Loan Contract.
B. “Contractor” shall mean the local government identified on the Contract Face Sheet performing
service(s) under this Contract and who is a Party to the Contract, and shall include all employees and
agents of the Contractor.
C. “The BOARD” shall mean the Washington State Public Works Board created in Revised Code of
Washington (RCW) 43.155.030, and who is a Party to the Contract.
D. "Declarations " and "Declared" shall refer to the project information, loan terms and conditions as stated
on the Declarations Page of this Loan Contract, displayed within the Contract in THIS STYLE for easier
identification.
1.2 Authority
Acting under the authority of Chapter 43.155 RCW, the BOARD has awarded the Contractor a Public Works
Board construction loan for an approved public works project.
1.3 Purpose
The BOARD and the Contractor have entered into this Contract to undertake a local publ ic works project
that furthers the goals and objectives of the Washington State Public Works Program. The project will be
undertaken by the Contractor and will include the activities described in the SCOPE OF WORK shown on
the Declarations page. The project must be undertaken in accordance with the loan terms and conditions,
and all applicable federal, state and local laws and ordinances, which are incorporated by reference.
1.4 Order of Precedence
In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence
in the following order:
A. Applicable federal and state of Washington statutes and regulations.
B. Special Terms and Conditions including attachments.
C. General Terms and Conditions.
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1.5 5- year deferral for start-up systems
If the project financed by this Contract is to develop a system to deliver previously unavailable services, and
revenue from those services is to repay the loan, the new system is eligible for a deferral of loan payments
for sixty (60) months after the Contract execution date. The Contractor may provide a written request to the
BOARD requesting a 5-year deferral for an eligible system. The BOARD may approve the deferral request.
Interest accrues for the aforementioned sixty (60) m onths. The accrued interest only payment is due June
1 of the 6th year of the loan term. Interest and principal payments are due on June 1 of the 7th year of the
loan term.
1.6 Competitive Bidding Requirements
The Contractor shall comply with the provisions of RCW 43.155.060 regarding competitive bidding
requirements for projects assisted in whole or in part with money from the Public Works Program.
1.7 Default in Repayment
Loan repayments shall be made on the loan in accordance with Section 1.18 of this Contract. A payment
not received within thirty (30) days of the due date shall be declared delinquent. Delinquent payments shall
be assessed a monthly penalty beginning on the first (1st) day past the due date. The penalty will be
assessed on the entire payment amount. The penalty will be one percent (1%) per month or twelve percent
(12%) per annum. The same penalty terms shall apply at project completion if the repayment of loan funds
in excess of eligible costs are not repaid at the time of the Project Completion Amendment is submitted, as
provided for in Section 1.13.
The Contractor acknowledges and agrees to the BOARD’s right, upon delinquency in the payment of any
annual installment, to notify any other entity, creditors, or potential c reditors of the Contractor of such
delinquency.
The Contractor shall be responsible for all legal fees incurred by the BOARD in any action undertaken to
enforce its rights under this section.
1.8 Investment Grade Audit
For projects involving repair, replacement, or improvement of a wastewater treatment plant, or other public
works facility for which an investment grade audit is obtainable, Contractor must undertake an investment
grade audit.
Costs incurred as part of the investment grade audit are eligible project costs.
1.9 Sub-Contractor Data Collection
Contractor will submit reports, in a form and format to be provided by the BOARD and at intervals as agreed
by the parties, regarding work under this Contract performed by sub-contractors and the portion of the
Contract funds expended for work performed by sub-contractors, including but not necessarily limited to
minority-owned, women-owned, and veteran-owned business sub-contractors. “Sub-Contractors” shall
mean sub-contractors of any tier.
1.10 Eligible Project Costs
The Eligible project costs must consist of expenditures eligible under Washington Administrative Code
(WAC) 399-30-030 and be related only to project activities described in the declared SCOPE OF WORK.
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Eligible costs for reimbursement shall be construed to mean expenditures incurred and paid, or incurred
and payable within thirty (30) days of the reimbursement request. Only costs that have been incurred on or
after LOAN REIMBURSEMENT START DATE shown in the Declarations are eligible for reimbursement
under this Contract. Eligible costs will be paid according to an approved budget up to the maximum amount
stated on the Contract Award or Amendment Face Sheet.
The Contractor assures compliance with WAC 399-30-030, which identifies eligible costs for projects
assisted with Public Works Board loans.
These terms supersede the terms in Section 2.2. Allowable Costs.
1.11 Historical and Cultural Resources
Prior to commencing construction, Contractor shall complete the requirements of Governor’s Executive
Order 21-02, or, as an alternative to completion of Governor’s Executive Order 21-02, Contractor shall
complete Section 106 of the National Historic Preservation Act, as applicable. Contractor agrees that the
Contractor is legally and financially responsible for compliance with all laws, regulations, and agreements
related to the preservation of historical or cultural resources and agrees to indemnify, defend and hold
harmless the BOARD and the State of Washington in relation to any claim related to such historical or
cultural resources discovered, disturbed, or damaged as a result of the project funded by this Contract.
In addition to the requirements set forth in this Contract, Contractor shall, in accordance with Governor’s
Executive Order 21-02, coordinate with the Washington State Department of Archaeology and Historic
Preservation (DAHP), including any recommended consultation with any affected tribe(s), during project
design and prior to construction to determine the existence of any tribal cultural resources affected by the
proposed project funded by this Contract. Contractor agrees to avoid, minimize, or mitigate impacts to
cultural resource as a continuing pre-requisite to receipt of funds under this Contract.
The Contractor agrees that, unless the Contractor is proceeding under an approved historical and cultural
monitoring plan or other memorandum of agreement, if historical or cultural resources are discovered during
construction, the Contractor shall immediately stop work and notify the local historical preservation officer
and the state's historic preservation officer at DAHP. If human remains are uncovered, the Contractor shall
report the presence and location of the remains to the coroner and local enforcement immediately, then
contact DAHP and the concerned tribe’s cultural staff or committee.
The Contractor shall require this provision to be contained in all sub-contracts for work or services related to
the declared SCOPE OF WORK.
In addition to the requirements set forth in this Contract, Contractor agrees to comply with RCW 27.44.040
regarding Indian Graves and Records; RCW 27.53 regarding Archaeological Sites and Resources; RCW
68.60 regarding Abandoned and Historic Cemeteries and Historic Graves; and, WAC 25-48 regarding
Archaeological Excavation and Removal Permits.
Completion of the Section 106 of the National Historic Preservation Act shall substitute for completion of
Governor’s Executive Order 21-02.
In the event that the Contractor finds it necessary to amend the SCOPE OF WORK, the Contractor may be
required to re-comply with Governor’s Executive Order 21-02 or Section 106 of the National Historic
Preservation Act.
1.12 Performance Incentives
The Contractor shall complete the project no later than sixty (60) months after the date of Contract
execution.
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Should the Contractor submit the Certified Project Completion Report within forty-eight (48) months of the
date of Contract execution, the Contractor may choose one of the two following incentives upon project
completion:
Option A: The repayment period will be increased by twenty-four (24) months, not to exceed the life
of the asset, OR:
Option B: The interest rate will be decreased by one-quarter of one percent (0.25%).
Should the Contractor submit the Certified Project Completion Report within thirty-six (36) months of the
date of Contract execution, the Contractor may choose one of the following two incentives upon project
completion:
Option C: The repayment period will be increased by sixty (60) months, not to exceed the life of the
asset, OR;
Option D: The interest rate will be decreased by up to one-half of one percent (0.50%).
Once an option is selected, the Contract shall be modified to note the appropriate change and no further
adjustment to the Contract for Performance Incentives shall be authorized. Irrespective of the performance
incentive chosen, at no point in time shall the minimum loan interest rate be less than 0.25%.
The calculation of interest rate and term adjustments will apply to the remaini ng payments beginning from
the date the Project Completion report is certified.
1.13 Project Completion Amendment and Certified Project Completion Report
The Contractor shall complete a Certified Project Completion Report when all activities identified in the
SCOPE OF WORK are complete. The BOARD will supply the Contractor with the Certified Project
Completion Report form, which shall include:
A. A certified statement that the project, as described in the declared SCOPE OF WORK, is complete and,
if applicable, meets required standards.
B. A certified statement of the actual dollar amounts spent, from all funding sources, in completing the
project as described in the SCOPE OF WORK.
C. Certification that all costs associated with the project have been incurred and have been accounted for.
Costs are incurred when goods and services are received and/or Contract work is performed.
D. A final voucher for the remaining eligible funds.
E. Pictures of Completed Project.
The Contractor will submit the Certified Project Completion Report together with the last Invoice Voucher for
a sum not to exceed the balance of the loan amount. The final Invoice Voucher payment shall not occur
prior to the completion of all project activities identified in the SCOPE OF WORK and the BOARD's receipt
and acceptance of the Certified Project Completion Report.
The Project Completion Amendment shall serve as an amendment to this Contract determining the final
loan amount, local share, term, and interest rate.
1.14 Project Signs
If the Contractor displays, during the period covered by this Contract, signs or markers identifying those
agencies participating financially in the approved project, the sign or marker must identify the Washington
State Public Works Board as a participant in the project.
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1.15 Rate Loan Forgiveness and Term of Loan
The BOARD shall loan the Contractor a sum not to exceed the LOAN AMOUNT shown on the Contract
Face Sheet and declared on the Contract Declarations Page. The interest rate shall be the declared
INTEREST RATE per annum on the outstanding principal balance. The amount of loan forgiveness (if
applicable) shall be as stated on the attached Declarations Page, and identified therein as LOAN
FORGIVENESS %. The length of the loan shall not exceed the declared LOAN TERM in years, with the
final payment due by the CONTRACT END DATE as shown on the Contract Face Sheet.
The loan forgiveness shall be applied at project completion and shall apply to the lesser of the loan amount
or the actual eligible costs and that declared percent on any accrued interest. The percent of loan
forgiveness and interest rate shall not be changed, regardless of the actual cost of the project and the
Affordability Index at project completion.
1.16 Recapture
The right of recapture under Section 2.31. Recapture shall exist for a period not to exceed six (6) years
following Contract termination. In the event that the Board is required to institute legal proceedings to
enforce the recapture provision, the BOARD shall be entitled to its costs, including attorney’s fees.
1.17 Reimbursement Procedures and Payment
If funding or appropriation is not available at the time the invoice is submitted, or when this Contract is
executed, the issuance of warrants will be delayed or suspended until such time as funds or appropriation
become available. Therefore, subject to the availability of funds, warrants shall be issued to the Contractor
for reimbursement of allowable expenses incurred by the Contractor while undertaking and administering
approved project activities in accordance with the declared SCOPE OF WORK.
The BOARD shall reimburse the Contractor for eligible project expenditures up to the maximum loan
amount under this Contract, as identified in Section 1.10. When requesting reimbursement for costs
incurred, the Contractor shall submit all Invoice Vouchers and any required documentation electronically
through the Department of Commerce’s (COMMERCE) Contracts Management System (CMS), which is
available through the Secure Access Washington (SAW) portal; referencing the SCOPE OF WORK project
activity performed, and any appropriate documentation such as bills, invoices, and receipts. If the
Contractor has constraints preventing access to COMMERCE’s online A-19 portal, a hard copy A-19 form
may be provided by the BOARD Project Manager upon request.
Requests for reimbursements for costs related to construction activities will not be accepted until the
Contractor provides:
Proof of compliance with Governor’s Executive Order 21-02 or Section 106 of the National Historic
Preservation Act, as described in Section 1.11, and
Signed Public Works Board Notice of Contract Award and Notice to Proceed, which follows the
formal award of a construction contract.
The BOARD will pay the Contractor upon acceptance of the work performed and receipt of properly
completed invoices. Invoices shall be submitted to the BOARD not more often than monthly.
Payment shall be considered timely if made by the BOARD within thirty (30) calendar days after receipt of
properly completed invoices. Payment shall be sent to the address designated by the Contractor.
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The BOARD may, at its sole discretion, terminate the Contract or withhold payments claimed by the
Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition of
this Contract.
No payments in advance or in anticipation of services or supplies to be provided under this Contract shall
be made by the BOARD.
BOARD shall not release the final five (5) percent of the total grant amount until acceptance by BOARD of
project completion report.
Duplication of Billed Costs. If the Contractor is entitled to payment or has been or will be paid by another
source for an eligible project cost, then the Contractor shall not be reimbursed by the BOARD for that cost.
Disallowed Costs. The Contractor is responsible for any audit exceptions or disallowed costs incurred by its
own organization or that of its subcontractors.
In no event shall the total Public Works loan exceed 100% of the eligible actual project costs. At the time of
project completion, the Contractor shall submit to the BOARD a Project Completion Amendment certifying
the total actual project costs and local share. The final Public Works loan disbursement shall bring the total
loan to the lesser of 100% of the eligible project costs or the total declared LOAN AMOUNT. The Project
Completion Amendment shall serve as an amendment to this Contract determining the final loan amount,
local share, and interest rate.
In the event that the final costs identified in the Project Completion Amendment indicate that the Contractor
has received Public Works Board monies in excess of 100.00% of eligible costs, all funds in excess of
100.00% shall be repaid to the Board by payment to the Department of Commerce, or its successor,
together with the submission of the Project Completion Amendment.
1.18 Repayment
Loan repayment installments are due on the day and month identified under the term: PAYMENT MONTH
on the Declarations Page. Payments are due each year during the term of the loan beginning one year
from the date of Contract execution. Interest only will be charged for this payment if a warrant is issued
prior to this date. All subsequent payments shall consist of principal and accrued in terest due on the
specified PAYMENT MONTH date of each year during the remaining term of the loan.
Repayment of the loan under this Contract shall include the declared INTEREST RATE per annum based on
a three hundred and sixty (360) day year of twelve (12) thirty (30) day months. Interest will begin to accrue
from the date each warrant is issued to the Contractor. The final payment shall be on or before the
CONTRACT END DATE shown on the Declarations page, of an amount sufficient to bring the loan balance
to zero.
In the event that the BOARD approves the Contractor's request for a deferral as outlined in Section 1.5,
then the first loan repayment is due sixty (60) months after Contract execution. Interest accrues for the
sixty (60) months after Contract execution. The accrued interest only will be charged for this payment if a
warrant is issued prior to this date. Interest and principal payments are due on the declared PAYMENT
MONTH date of each year during the remaining term of the loan. The Contractor has the right to repay the
unpaid balance of the loan in full at any time or make accelerated payments without penalty.
The Contractor will repay the loan in accordance with the preceding conditions through the use of a check,
money order, or equivalent means made payable to the Washington State Department of Commerce, or its
successor.
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1.19 Reports
The Contractor shall furnish the BOARD with:
A. Project Status Reports with each Invoice Voucher;
B. Project Quarterly Reports (if no funds have been reimbursed in the quarter) and/or Quarterly
Expenditures Report;
C. Quarterly Projection Invoice Reports;
D. Certified Project Completion Report at project completion (as described in Section 1.13);
E. Pictures of various stages of the project, and
F. Other reports as the BOARD may require.
1.20 Termination for Cause
If the Contractor fails to comply with the terms of this Contract, or fails to use the loan proceeds only for
those activities identified in the SCOPE OF WORK, the BOARD may terminate the Contract in whole or in
part at any time. The BOARD shall notify the Contractor in writing of its determination to terminate, the
reason for such termination, and the effective date of the termination. Nothing in this section shall affect the
Contractor's obligation to repay the unpaid balance of the loan.
These terms supersede the terms in Section 2.40 Termination for Cause.
1.21 Termination for Convenience
The BOARD may terminate this Contract in the event that state funds are no longer available to the
BOARD, or are not appropriated for the purpose of meeting the BOARD’s obligations under this Contract.
Termination will be effective when the BOARD sends written notice of termination to the Contractor.
Nothing in this section shall affect the Contractor’s obligation to repay the unpaid balance of the loan.
These terms supersede the terms in Section 2.41 Termination for Convenience.
1.22 Time of Performance
No later than sixty (60) months after the date of Contract execution the Contractor must reach project
completion.
Failure to meet Time of Performance shall constitute default of this Contract. In the event of extenuating
circumstances, the Contractor may request, in writing, that the BOARD extend the deadline for project
completion. The BOARD may extend the deadline.
The term of this Contract shall be for the entire term of the loan, regardless of actual project completion,
unless terminated sooner as provided herein.
1.23 Contract Suspension
In the event that the Washington State Legislature fails to pass and the Gover nor does not authorize a
Capital Budget by June 30 of each biennium, the Washington State Constitution Article 8 and RCW
43.88.130 and RCW 43.88.290 prohibit expenditures or commitments of state funds in the absence of
appropriation.
In such event, all work under this Contract will be suspended effective July 1. The Contractor shall
immediately suspend work under this Contract and take all reasonable steps necessary to minimize the
cost of performance directly attributable to such suspension until the susp ension is cancelled.
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THE BOARD shall notify the Contractor immediately upon lifting of the Contract suspension.
1.24 Special Conditions
If SPECIAL CONDITIONS are listed on the Contract Declarations Page then these conditions are herein
incorporated as part of the terms and requirements of this Contract.
1.25 Loan Security
Loan Security payments shall be made as stated on the attached Declarations Page, and identified therein
as LOAN SECURITY.
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Part 2. GENERAL TERMS AND CONDITIONS
2.1 DEFINITIONS
As used throughout this Contract, the following terms shall have the meaning set forth below:
A. “Authorized Representative” shall mean the Public Works Board Chair and/or the designee
authorized in writing to act on the Chair’s behalf.
B. “COMMERCE” shall mean the Department of Commerce.
C. "Contractor" shall mean the entity identified on the face sheet performing service(s) under this
Contract, and shall include all employees and agents of the Contractor.
D. “BOARD” shall mean the Washington State Public Works Board created in Revised Code of
Washington (RCW) 43.155.030, and which is a Party to the Contract
E. “Personal Information” shall mean information identifiable to any person, including, but not limited
to, information that relates to a person’s name, health, finances, edu cation, business, use or receipt
of governmental services or other activities, addresses, telephone numbers, social security
numbers, driver license numbers, other identifying numbers, and any financial identifiers.
F. ”State” shall mean the state of Washington.
G. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing all or
part of those services under this Contract under a separate contract with the Contractor. The terms
“subcontractor” and “subcontractors” mean subcontractor(s) in any tier.
2.2 Allowable Costs
Costs allowable under this Contract are actual expenditures according to an approved budget up to the
maximum amount stated on the Contract Award or Amendment Face Sheet.
2.3 ALL WRITINGS CONTAINED HEREIN
This Contract contains all the terms and conditions agreed upon by the parties. No other understandings,
oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the
parties hereto.
2.4 AMENDMENTS
This Contract may be amended by mutual agreement of the parties. Such amendments shall not be binding
unless they are in writing and signed by personnel authorized to bind each of the parties.
2.5 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101 -336, also referred to as
the “ADA” 28 CFR Part 35
The Contractor must comply with the ADA, which provides comprehensive civil rights protection to
individuals with disabilities in the areas of employment, public accommodations, state and local government
services, and telecommunications.
2.6 APPROVAL
This contract shall be subject to the written approval of the Board’s Authorized Representative and shall not
be binding until so approved. The contract may be altered, amended, or waived only by a written
amendment executed by both parties.
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2.7 ASSIGNMENT
Neither this Contract, nor any claim arising under this Contract, shall be transferred or assigned by the
Contractor without prior written consent of the Board.
2.8 ATTORNEYS’ FEES
Unless expressly permitted under another provision of the Contract, in the event of litigation or other action
brought to enforce Contract terms, each party agrees to bear its own attorney’s fees and costs.
2.09 CODE REQUIREMENTS
All construction and rehabilitation projects must satisfy the requirements of applicable local, state, and
federal building, mechanical, plumbing, fire, energy and barrier-free codes. Compliance with the Americans
with Disabilities Act of 1990 28 C.F.R. Part 35 will be required, as specified by the local building
Department.
2.10 CONFIDENTIALITY/SAFEGUARDING OF INFORMATION
A. “Confidential Information” as used in this section includes:
1. All material provided to the Contractor by the Board that is designated as “confidential” by the Board;
2. All material produced by the Contractor that is designated as “confidential” by the Board; and
3. All personal information in the possession of the Contractor that may not be disclosed under state or
federal law. “Personal information” includes but is not limited to information related to a person’s
name, health, finances, education, business, use of government services, addresses, telephone
numbers, social security number, driver’s license number and other identifying numbers, and
“Protected Health Information” under the federal Health Insurance Portability and Accountability Act of
1996 (HIPAA).
B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer, sale, or
disclosure of Confidential Information. The Contractor shall use Confidential Information solely for the
purposes of this Contract and shall not use, share, transfer, sell or disclose any Confidential Information
to any third party except with the prior written consent of the Board or as may be required by law. The
Contractor shall take all necessary steps to assure that Confidential Information is safeguarded to
prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of
any state or federal laws related thereto. Upon request, the Contractor shall provide the Board with its
policies and procedures on confidentiality. The Board may require changes to such policies and
procedures as they apply to this Contract whenever the Board reasonably determines that changes are
necessary to prevent unauthorized disclosures. The Contractor shall make the changes within the time
period specified by the Board. Upon request, the Contractor shall immediately return to the Board any
Confidential Information that the Board reasonably determines has not been adequately protected by
the Contractor against unauthorized disclosure.
C. Unauthorized Use or Disclosure. The Contractor shall notify the Board within five (5) working days of
any unauthorized use or disclosure of any confidential information, and shall take necessary steps to
mitigate the harmful effects of such use or disclosure.
2.11 CONFORMANCE
If any provision of this contract violates any statute or rule of law of the state of Washington, it is considered
modified to conform to that statute or rule of law.
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2.12 CONFLICT OF INTEREST
Notwithstanding any determination by the Executive Ethics Board or other tribunal, the BOARD may, in its
sole discretion, by written notice to the CONTRACTOR terminate this contract if it is found after due notice
and examination by the BOARD that there is a violation of the Ethics in Public Service Act, Chapters 42.52
RCW and 42.23 RCW; or any similar statute involving the CONTRACTOR in the procurement of, or
performance under this contract.
Specific restrictions apply to contracting with current or former state employees pursuant to chapter 42.52
of the Revised Code of Washington. The CONTRACTOR and their subcontractor(s) must identify any
person employed in any capacity by the state of Washington that worked on the PUBLIC WORKS BOARD
including but not limited to formulating or drafting the legislation, participating in loan procurement planning
and execution, awarding loans, and monitoring loans, during the 24 month period preceding the start dat e
of this Loan. Identify the individual by name, the agency previously or currently employed by, job title or
position held, and separation date. If it is determined by BOARD that a conflict of interest exists, the
CONTRACTOR may be disqualified from further consideration for the award of a Loan.
In the event this contract is terminated as provided above, BOARD shall be entitled to pursue the same
remedies against the CONTRACTOR as it could pursue in the event of a breach of the contract by the
CONTRACTOR. The rights and remedies of BOARD provided for in this clause shall not be exclusive and
are in addition to any other rights and remedies provided by law. The existence of facts upon which
BOARD makes any determination under this clause shall be an issue and may be reviewed as provided in
the “Disputes” clause of this contract.
2.13 COPYRIGHT PROVISIONS
Unless otherwise provided, all Materials produced under this Contract shall be considered "works for hire"
as defined by the U.S. Copyright Act and shall be owned by the Board. The Board shall be considered the
author of such Materials. In the event the Materials are not considered “works for hire” under the U.S.
Copyright laws, the Contractor hereby irrevocably assigns all right, title, and interest in all Materials,
including all intellectual property rights, moral rights, and rights of publicity to the Board effective from the
moment of creation of such Materials.
“Materials” means all items in any format and includes, but is not limited to, data, r eports, documents,
pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or
sound reproductions. “Ownership” includes the right to copyright, patent, register and the ability to transfer
these rights.
For Materials that are delivered under the Contract, but that incorporate pre-existing materials not produced
under the Contract, the Contractor hereby grants to the Board a nonexclusive, royalty-free, irrevocable
license (with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare
derivative works, publicly perform, and publicly display. The Contractor warrants and represents that the
Contractor has all rights and permissions, including intellectual property rights, moral r ights and rights of
publicity, necessary to grant such a license to the Board.
The Contractor shall exert all reasonable effort to advise the Board, at the time of delivery of Materials
furnished under this Contract, of all known or potential invasions of privacy contained therein and of any
portion of such document which was not produced in the performance of this Contract. The Contractor shall
provide the Board with prompt written notice of each notice or claim of infringement received by the
Contractor with respect to any Materials delivered under this Contract. The Board shall have the right to
modify or remove any restrictive markings placed upon the Materials by the Contractor.
2.14 DISALLOWED COSTS
The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization
or that of its Subcontractors.
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2.15 DISPUTES
Except as otherwise provided in this Contract, when a dispute arises between the parties and it cannot be
resolved by direct negotiation, either part y may request a dispute hearing with the Chair of the Board, who
may designate a neutral person to decide the dispute.
The request for a dispute hearing must:
be in writing;
state the disputed issues;
state the relative positions of the parties;
state the Contractor's name, address, and Contract number; and
be mailed to the Chair and the other party’s (respondent’s) Representative within three (3)
working days after the parties agree that they cannot resolve the dispute.
The respondent shall send a written answer to the requestor’s statement to both the Chair or the Chair’s
designee and the requestor within five (5) working days.
The Chair or designee shall review the written statements and reply in writing to both parties within ten (10)
working days. The Chair or designee may extend this period if necessary by notifying the parties.
The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding.
The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial tribunal.
Nothing in this Contract shall be construed to limit the parties’ choice of a mutually acceptable alternate
dispute resolution (ADR) method in addition to the dispute hearing procedure outlined above.
2.16 DUPLICATE PAYMENT
The Contractor certifies that work to be performed under this contract does not duplicate any work to be
charged against any other contract, subcontract, or other source.
2.17 GOVERNING LAW AND VENUE
This Contract shall be construed and interpreted in accordance with the laws of the state of Washington,
and the venue of any action brought hereunder shall be in the Superior Court for Thurston County.
2.18 INDEMNIFICATION
To the fullest extent permitted by law, the Contractor shall indemnify, defend, and hold harmless the state of
Washington, BOARD, agencies of the state and all officials, agents and employees of the state, for, from
and against all claims for injuries or death arising out of or resulting from the performance of the contract.
“Claim” as used in this contract, means any financial loss, claim, suit, action, damage, or expense, including
but not limited to attorney’s fees, attributable for bodily injury, sickness, disease, or death, or injury to or the
destruction of tangible property including loss of use resulting therefrom. The Contractor’s obligation to
indemnify, defend, and hold harmless shall not be eliminated by any actual or alleged concurrent
negligence of the state or its agents, agencies, employees and officers.
The Contractor expressly agrees to indemnify, defend, and hold harmless the State for any claim arising out
of or incident to the Contractor’s or any subcontractor’s performance or failure to perform the contract.
Contractor’s obligation to indemnify, defend, and hold harmless the State shall not be eliminated or reduced
by any actual or alleged concurrent negligence of State or its agents, agencies, employees and officials.
The Contractor waives its immunity under Title 51 RCW to the extent it is required to indemnif y, defend and
hold harmless the state and its agencies, officers, agents or employees.
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2.19 INDEPENDENT CAPACITY OF THE CONTRACTOR
The parties intend that an independent contractor relationship will be created by this Contract. The
Contractor and its employees or agents performing under this Contract are not employees or agents of the
state of Washington or the Board. The Contractor will not hold itself out as or claim to be an officer or
employee of the Board or of the state of Washington by reason hereof, nor will the Contractor make any
claim of right, privilege or benefit which would accrue to such officer or employee under law. Conduct and
control of the work will be solely with the Contractor.
2.20 INDUSTRIAL INSURANCE COVERAGE
The Contractor shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If the
Contractor fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of
its employees as may be required by law, the Board may c ollect from the Contractor the full amount
payable to the Industrial Insurance Accident Fund. The Board may deduct the amount owed by the
Contractor to the accident fund from the amount payable to the Contractor by the Board under this Contract,
and transmit the deducted amount to the Department of Labor and Industries, (L&I) Division of Insurance
Services. This provision does not waive any of L&I’s rights to collect from the Contractor.
2.21 LAWS
The Contractor shall comply with all applicable laws, ordinances, codes, regulations and policies of local
and state and federal governments, as now or hereafter amended.
2.22 LICENSING, ACCREDITATION AND REGISTRATION
The Contractor shall comply with all applicable local, state, and federal licensing, acc reditation and
registration requirements or standards necessary for the performance of this Contract.
2.23 LIMITATION OF AUTHORITY
Only the Authorized Representative or Authorized Representative’s designee by writing (designation to be
made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive
any clause or condition of this Contract.
2.24 Local Public Transportation Coordination
Where applicable, Contractor shall participate in local public transportation forums and implement strategies
designed to ensure access to services.
2.25 NONCOMPLIANCE WITH NONDISCRIMINATION LAWS
During the performance of this Contract, the Contractor shall comply with all federal, state, and local
nondiscrimination laws, regulations and policies. In the event of the Contractor’s non-compliance or refusal
to comply with any nondiscrimination law, regulation or policy, this contract may be rescinded, canceled or
terminated in whole or in part, and the Contractor may be declared ineligible for further contracts with the
Board. The Contractor shall, however, be given a reasonable time in which to cure this noncompliance.
Any dispute may be resolved in accordance with the “Disputes” procedure set forth herein.
2.26 PAY EQUITY
The Contractor agrees to ensure that “similarly employed” individuals in its workforce are compensated as
equals, consistent with the following:
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A. Employees are “similarly employed” if the individuals work for the same employer, the performance of
the job requires comparable skill, effort, and responsibility, and the jobs are performed under similar
working conditions. Job titles alone are not determinative of whether employees are similarly
employed;
B. Contractor may allow differentials in compensation f or its workers if the differentials are based in good
faith and on any of the following:
1. A seniority system; a merit system; a system that measures earnings by quantity or quality of
production; a bona fide job-related factor or factors; or a bona fide regional difference in
compensation levels.
2. A bona fide job-related factor or factors may include, but not be limited to, education, training, or
experience that is: Consistent with business necessity; not based on or derived from a gender -based
differential; and accounts for the entire differential.
3. A bona fide regional difference in compensation level must be: Consistent with business necessity;
not based on or derived from a gender-based differential; and account for the entire differential.
This Contract may be terminated by the BOARD, if the BOARD or the Department of Enterprise Services
determines that the Contractor is not in compliance with this provision.
2.27 POLITICAL ACTIVITIES
Political activity of Contractor employees and officers are limited by the State Campaign Finances and
Lobbying provisions of Chapter 42.17 RCW and the Federal Hatch Act, 5 USC 1501 - 1508.
No funds may be used for working for or against ballot measures or for or against the candidacy of any
person for public office.
2.28 PREVAILING WAGE LAW
The Contractor certifies that all contractors and subcontractors performing work on the Project shall comply
with state Prevailing Wages on Public Works, Chapter 39.12 RCW, as applicable to the Project funded by
this contract, including but not limited to the filing of the “Statement of Intent to Pay Prevailing Wages” and
“Affidavit of Wages Paid” as required by RCW 39.12.040. The Contractor shall maintain records sufficient
to evidence compliance with Chapter 39.12 RCW, and shall m ake such records available for the Board’s
review upon request.
2.29 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
The funds provided under this Contract shall not be used in payment of any bonus or commission for the
purpose of obtaining approval of the application for such funds or any other approval or concurrence under
this Contract provided, however, that reasonable fees or bona fide technical consultant, managerial, or
other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as project
costs.
2.30 PUBLICITY
The Contractor agrees not to publish or use any advertising or publicity materials in which the state of
Washington or the Board’s name is mentioned, or language used from which the connectio n with the state
of Washington’s or the Board’s name may reasonably be inferred or implied, without the prior written
consent of the Board.
2.31 RECAPTURE
In the event that the Contractor fails to perform this contract in accordance with state laws, federal laws,
and/or the provisions of this contract, the Board reserves the right to recapture funds in an amount to
compensate the Board for the noncompliance in addition to any other remedies available at law or in equity.
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Repayment by the Contractor of funds under this recapture provision shall occur within the time period
specified by the Board. In the alternative, the Board may recapture such funds from payments due under
this contract.
2.32 RECORDS MAINTENANCE
The Contractor shall maintain all books, records, documents, data and other evidence relating to this
Contract and performance of the services described herein, including but not limited to accounting
procedures and practices which sufficiently and properly reflect all direct and indirect cos ts of any nature
expended in the performance of this Contract. Contractor shall retain such records for a period of six years
following the date of final payment.
If any litigation, claim or audit is started before the expiration of the six (6) year per iod, the records shall be
retained until all litigation, claims, or audit findings involving the records have been finally resolved.
2.33 REGISTRATION WITH DEPARTMENT OF REVENUE
If required by law, the Contractor shall complete registration with the Washington State Department of
Revenue.
2.34 RIGHT OF INSPECTION
At no additional cost all records relating to the Contractor’s performance under this Contract shall be subject
at all reasonable times to inspection, review, and audit by the Board, the Off ice of the State Auditor, and
federal and state officials so authorized by law, in order to monitor and evaluate performance, compliance,
and quality assurance under this Contract. The Contractor shall provide access to its facilities for this
purpose.
2.35 SAVINGS
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after
the effective date of this Contract and prior to normal completion, the Board may terminate the Contract
under the "Termination for Convenience" clause, without the ten business day notice requirement. In lieu of
termination, the Contract may be amended to reflect the new funding limitations and conditions.
2.36 SEVERABILITY
If any provision of this Contract or any provision of an y document incorporated by reference shall be held
invalid, such invalidity shall not affect the other provisions of this Contract that can be given effect without
the invalid provision, if such remainder conforms to the requirements of law and the fundamental purpose of
this Contract and to this end the provisions of this Contract are declared to be severable.
2.37 SUBCONTRACTING
The Contractor may only subcontract work contemplated under this Contract if it obtains the prior written
approval of the Board.
If the Board approves subcontracting, the Contractor shall maintain written procedures related to
subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause, the
Board in writing may: (a) require the Contractor to amend its subcontracting procedures as they relate to
this Contract; (b) prohibit the Contractor from subcontracting with a particular person or entity; or (c) require
the Contractor to rescind or amend a subcontract.
Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The Contractor
is responsible to the Board if the Subcontractor fails to comply with any applicable term or condition of this
Contract. The Contractor shall appropriately monitor the activities of the Subcontractor to assure fiscal
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conditions of this Contract. In no event shall the existence of a subcontract operate to release or reduce the
liability of the Contractor to the Board for any breach in the performance of the Contractor’s duties.
Every subcontract shall include a term that the Board and the State of Washington are not liable for claims
or damages arising from a Subcontractor’s performance of the subcontract.
2.38 SURVIVAL
The terms, conditions, and warranties contained in this Contract that by their sense and context are
intended to survive the completion of the performance, cancellation or termination of this Contract shall so
survive.
2.39 TAXES
All payments accrued on account of payroll taxes, unemployment contributions, the Contractor’s income or
gross receipts, any other taxes, insurance or expenses for the Contractor or its staff shall be the sole
responsibility of the Contractor.
2.40 TERMINATION FOR CAUSE
In the event BOARD determines the Contractor has failed to com ply with the conditions of this contract in a
timely manner, BOARD has the right to suspend or terminate this contract. Before suspending or
terminating the contract, BOARD shall notify the Contractor in writing of the need to take corrective action.
If corrective action is not taken within 30 calendar days, the contract may be terminated or suspended.
In the event of termination or suspension, the Contractor shall be liable for damages as authorized by law.
BOARD reserves the right to suspend all or part of the contract, withhold further payments, or prohibit the
Contractor from incurring additional obligations of funds during investigation of the alleged compliance
breach and pending corrective action by the Contractor or a decision by BOARD to terminate the contract.
A termination shall be deemed a “Termination for Convenience” if it is determined that the Contractor: (1)
was not in default; or (2) failure to perform was outside of his or her control, fault or negligence.
The rights and remedies of BOARD provided in this contract are not exclusive and are, in addition to any
other rights and remedies, provided by law.
2.41 TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Contract the Board may, by ten (10) business days written notice,
beginning on the second day after the mailing, terminate this Contract, in whole or in part. If this Contract is
so terminated, the Board shall be liable only for payment required under the terms of this Contract for
services rendered or goods delivered prior to the effective date of termination.
2.42 TERMINATION PROCEDURES
Upon termination of this contract, BOARD, in addition to any other rights provided in this contract .
The rights and remedies of BOARD provided in this section shall not be exclusive and are in addition to any
other rights and remedies provided by law or under this contract.
After receipt of a notice of termination, and except as otherwise directed by the Authorized Representative,
the Contractor shall:
A. Stop work under the Contract on the date, and to the extent specified, in the notice;
B. Place no further orders or subcontracts for materials, services, or facilities except as may be necessary
for completion of such portion of the work under the contract that is not terminated;
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C. Assign to the BOARD, in the manner, at the times, and to the extent directed by the Authorized
Representative, all of the rights, title, and interest of the Contractor under the orders and subcontracts
so terminated, in which case the BOARD has the right, at its discretion, to settle or pay any or all claims
arising out of the termination of such orders and subcontracts;
D. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts,
with the approval or ratification of the Authorized Representative to the extent the Authorized
Representative may require, which approval or ratification shall be final for all the purposes of this
clause;
E. Transfer title to the BOARD and deliver in the manner, at the times, and to the extent directed by the
Authorized Representative any property which, if the contract had been completed, would have been
required to be furnished to the BOARD;
F. Complete performance of such part of the work as shall not have been terminated by the Authorized
Representative; and
G. Take such action as may be necessary, or as the Authorized Representative may direct, for the
protection and preservation of the property related to this contract, which is in the possession of the
Contractor and in which the BOARD has or may acquire an interest.
2.43 TREATMENT OF ASSETS
Title to all property furnished by BOARD shall remain in BOARD. Title to all property furnished by the
Contractor, for the cost of which the Contractor is entitled to be reimbursed as a direct i tem of cost under this
contract, shall pass to and vest in the Contractor.
2.44 WAIVER
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach.
Any waiver shall not be construed to be a modification of the terms of this Contract unless stated to be such
in writing and signed by Authorized Representative of the Board.
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ATTACHMENT I: ATTORNEY’S CERTIFICATION
PUBLIC WORKS BOARD
CONSTRUCTION LOAN PROGRAM
City of Pasco
PC22-96103-049
I, Eric W. Ferguson, hereby certify:
I am an attorney at law admitted to practice in the State of Washington and the duly appointed attorney of the
City of Pasco (the Contractor); and
I have also examined any and all documents and records which are pertinent to the Contract, including the
application requesting this financial assistance.
Based on the foregoing, it is my opinion that:
1. The Contractor is a public body, properly constituted and operating under the laws of the state of
Washington, empowered to receive and expend federal, state and local funds, to contract with the state of
Washington, and to receive and expend the funds involved to accomplish the objectives set forth in their
application.
2. The Contractor is empowered to accept the Public Works Board financial assistance and to provide for
repayment of the loan as set forth in the Contract.
3. There is currently no litigation in existence seeking to enjoin the commencement or completion of the
above-described public facilities project or to enjoin the Contractor from repaying the loan extended by the
Public Works Board with respect to such project. The Contractor is not a party to litigation which will
materially affect its ability to repay such loan on the terms contained in the Contract.
4. Assumption of this obligation would not exceed statutory and administrative rule debt limitations applicable
to the Contractor.
__________________________________ _____________________________
Signature of Attorney Date
Eric W. Ferguson
Kerr Ferguson Law, PLLC
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Certificate Of Completion
Envelope Id: 7A364BE349C04A8FA6757542ABBA0E19 Status: Sent
Subject: Please DocuSign: Pasco PC22-96103-049 Construction Contract.DOC
Division:
Local Government
Program: Public Works Board
ContractNumber: PC22-96103-049
Source Envelope:
Document Pages: 25 Signatures: 0 Envelope Originator:
Certificate Pages: 5 Initials: 0 Catherine Weisman
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
1011 Plum Street SE
MS 42525
Olympia, WA 98504-2525
catherine.weisman@commerce.wa.gov
IP Address: 198.239.157.60
Record Tracking
Status: Original
10/4/2021 2:14:23 PM
Holder: Catherine Weisman
catherine.weisman@commerce.wa.gov
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: Washington State Department of Commerce Location: DocuSign
Signer Events Signature Timestamp
Eric W. Ferguson
eferguson@kerrlawgroup.net
Security Level: Email, Account Authentication
(None)
Sent: 10/4/2021 2:39:55 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Dave Zabell
zabelld@pasco-wa.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 5/5/2021 7:33:36 AM
ID: 07840d5c-790a-4ba2-8647-c1f6c6e992c8
Kathryn A. Gardow
pwbgardowk@gmail.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 10/4/2021 2:29:07 PM
ID: be12f378-fb97-47bc-b687-dcccb806ec84
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
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Certified Delivery Events Status Timestamp
Maria Serra
serram@pasco-wa.gov
Security Level: Email, Account Authentication
(None)Using IP Address: 64.184.156.54
Sent: 10/4/2021 2:15:00 PM
Viewed: 10/4/2021 2:39:54 PM
Electronic Record and Signature Disclosure:
Accepted: 10/4/2021 2:39:54 PM
ID: ccc2d331-f573-4337-9b78-c94680f8ac75
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 10/4/2021 2:15:00 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
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ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, Washington State Department of Commerce (we, us or Company) may be
required by law to provide to you certain written notices or disclosures. Described below are the
terms and conditions for providing to you such notices and disclosures electronically through the
DocuSign system. Please read the information below carefully and thoroughly, and if you can
access this information electronically to your satisfaction and agree to this Electronic Record and
Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to
‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the
DocuSign system.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
electronically to you by us. You will have the ability to download and print documents we send
to you through the DocuSign system during and immediately after the signing session and, if you
elect to create a DocuSign account, you may access the documents for a limited period of time
(usually 30 days) after such documents are first sent to you. After such time, if you wish for us to
send you paper copies of any such documents from our office to you, you will be charged a
$0.15 per-page fee. You may request delivery of such paper copies from us by following the
procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to
receive required notices and consents electronically from us or to sign electronically documents
from us.
All notices and disclosures will be sent to you electronically
Electronic Record and Signature Disclosure created on: 8/11/2020 4:44:12 PM
Parties agreed to: Dave Zabell, Kathryn A. Gardow, Maria Serra
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Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through the DocuSign system all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or made
available to you during the course of our relationship with you. To reduce the chance of you
inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
How to contact Washington State Department of Commerce:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: docusign@commerce.wa.gov
To advise Washington State Department of Commerce of your new email address
To let us know of a change in your email address where we should send notices and disclosures
electronically to you, you must send an email message to us at docusign@commerce.wa.gov and
in the body of such request you must state: your previous email address, your new email
address. We do not require any other information from you to change your email address.
If you created a DocuSign account, you may update it with your new email address through your
account preferences.
To request paper copies from Washington State Department of Commerce
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an email to docusign@commerce.wa.gov and in
the body of such request you must state your email address, full name, mailing address, and
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To withdraw your consent with Washington State Department of Commerce
To inform us that you no longer wish to receive future notices and disclosures in electronic
format you may:
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i. decline to sign a document from within your signing session, and on the subsequent page,
select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an email to docusign@commerce.wa.gov and in the body of such request you must
state your email, full name, mailing address, and telephone number. We do not need any other
information from you to withdraw consent.. The consequences of your withdrawing consent for
online documents will be that transactions may take a longer time to process..
Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The
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signing-system-requirements.
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Page 123 of 165
AGENDA REPORT
FOR: City Council October 7, 2021
TO: Dave Zabell, City Manager City Council Workshop
Meeting: 10/11/21
FROM: Rick White, Director
Community & Economic Development
SUBJECT: Ordinance - Code Amendment to Car Wash Facilities (CA 2021-006)
I. REFERENCE(S):
Proposed Ordinance
Planning Commission Report for August 19, 2021
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
In May, July and August of this year the Planning Commission conducted a
Workshop and two Public Hearings in response to a March 2021 request to
amend Title 25.100 of the Pasco Municipal Code to allow car wash facilities
within 300 ft. of residential zoning districts in a C-3 zoning district. Currently the
Pasco Municipal Code establishes this minimum separation distance.
The Planning Commission discussed options and expressed concerns about
aesthetics, screening, noise mitigation, stacking/queuing, and whether such
proposed regulations should deal with automated systems only. As a result of
this discussion staff crafted a draft ordinance containing mitigation measures
which would address these concerns.
During this same time frame another code amendment dealing with businesses
with drive-through service was considered by the Planning Commission. It
became apparent that the mitigation measures contained in both code
amendments overlapped and should both be considered together.
Page 124 of 165
Mitigation measures included in the proposed drive-through facilities
amendment but directly affecting this proposed ordinance include the following:
1. Setbacks from lot lines and street rights of way for service areas and
stacking lanes
2. Location restrictions from residential areas, intersections, other drive-
through facilities, and the downtown Central Business District
3. Parking and circulation requirements including arterial access, shared
access/egress, reduced and parking queuing proprietary areas,
incentives for drive-through only businesses
4. Stacking lane standards, specifying pavement marking and signage,
stacking lane entry location and dimensional requirements, and other
practical considerations
5. Noise standards regulating speakers, building orientation, automobile
impacts, and noise attenuating structures, as well as both a noise
mitigation checklist, and an applicant certification of noise compliance
6. Site planning stipulations, covering building orientation, customer seating,
walk-up window location, service and loading areas, location of windows
and customer "view-sheds," parking lot illumination, and transit stop
locations
V. DISCUSSION:
staff proposals, two the between degree of high the Given correlation
recommends approval of the Drive-Through Facilities standards in conjunction
with approval of the car wash facilities code amendment.
It is important to note that because the car wash facilities code amendment refers
to the proposed drive-through facilities amendment it cannot work as a stand-
alone ordinance; as such, approval of the car wash facilities code revision must
be contingent upon the passage of the drive -through facilities code amendment.
Staff appreciates Council discussion on this issue.
Page 125 of 165
Ordinance – Amending PMC 25.85.020 - 1
ORDINANCE NO. _____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, AMENDING THE PASCO MUNICIPAL CODE, SECTION
25.85.020 PERMITTED USES WITHIN C-1 RETAIL BUSINESS DISTRICT
ZONING, RELATING TO THE REGULATION OF CAR WASH FACILITIES.
WHEREAS, cities have the responsibility to regulate and control the physical
development within their borders and ensure the public health, safety and welfare are maintained;
and
WHEREAS, the City of Pasco has zoning regulations that encourage orderly growth and
development of the City; and
WHEREAS, from time to time, the City Council causes the zoning regulations to be
reviewed to ensure they fulfill their intended purposes; and
WHEREAS, many residents, businesses, and visitors of the City own vehicles that require
occasional cleaning; and
WHEREAS, car washes located near residential neighborhoods provide a convenient
location for a needed commercial service and thus fit well within the purpose of Commercial
Zoning District; and
WHEREAS, the proposed conditions of approval placed on car wash facilities that are
near existing residential neighborhoods include measures to mitigate the land use impacts,
including increased traffic and noise of a commercial operation on a residential neighborhood; and
WHEREAS, limitations on the hours of operation, aesthetic screening, sound-arresting
technologies, and minimum distance of automated equipment from residential district boundaries
can be effective measures to protect existing residential neighborhoods and still provide reasonable
commercial uses in Commercial Zoning Districts; and
WHEREAS, according to Land Use Policy LU-6-A the City should, “Encourage
commercial and higher-density residential uses along major corridors and leverage infrastructure
availability;” and
WHEREAS, the proposed conditions of approval would require that car wash facilities be
located along streets that are designated as arterial streets and so would allow an additional
commercial use along major street corridors, helping to implement this land use policy; and
WHEREAS, according to Land Use Policy LU-6-B the City should, “Promote efficient
and functional neighborhood level and major commercial centers to meet community demand;”
and
Page 126 of 165
Ordinance – Amending PMC 25.85.020 - 2
WHEREAS, the restrictions proposed for car washes that would be nearby residential
districts should effectively mitigate any impacts resulting from the operation of a car wash facility;
and
WHEREAS, the City Council has determined that to further the purposes of maintaining
a quality community, it is necessary to amend the Pasco Municipal Code, Section 25.85.020.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. That Section 25.85.020 “Permitted Uses” within C-1 Retail Business
District Zone of the Pasco Municipal Code be amended as follows:
25.85.020 Permitted uses.
The following uses shall be permitted in the C-1 district:
(1) All uses permitted in the O office district;
(2) Automobile detail shops and automobile rental or leasing;
(3) Banks;
(4) Dancing schools;
(5) Hotels and motels;
(6) Printing shops;
(7) Restaurants;
(8) Stores and shops for the conduct of retail business;
(9) Stores and shops for repair and similar services such as:
(a) Bakeries, retail for distribution from the premises;
(b) Barbershops and beauty shops;
(c) Catering establishments;
(d) Garage and filling stations, provided:
(i) All outdoor repair work is “minor” as defined by PMC 25.15.150; and
Page 127 of 165
Ordinance – Amending PMC 25.85.020 - 3
(ii) The garage or filling station conducting outdoor repair work was in
existence and conducting outdoor auto repair prior to September 1, 2013; and
(iii) The number of vehicles undergoing outdoor repair does not exceed the
capacity of the existing outdoor repair facilities, or no more than two vehicles if
there are no existing outdoor repair facilities; and
(iv) The number of vehicles stored outdoors and awaiting customer pick-up
cannot exceed the capacity of the indoor and outdoor auto repair facilities; and
further provided, that all vehicles must be kept on the business premises; and
(v) Pumps, lubrication or other devices are located at least 15 feet from any
street property line; and
(iv) All stored automobile parts and dismantled or inoperable automobiles are
contained within the building, except material on outdoor display racks.
(e) Laundromats and dry-cleaning establishments employing not more than five
persons;
(f) Locksmith shops;
(g) Offices;
(h) Membership clubs;
(i) Photo shops;
(j) Shoe repair shops;
(k) Upholstery shops.
(10) Sign shops, commercial (no outdoor storage of materials);
(11) Theaters;
(12) Veterinarian clinics for household pets (no boarding or outdoor treatment facilities);
(13) Parking lots within 500 feet of a C-2 district boundary, provided such lots are paved and
half of the required landscape is live vegetation; and provided further, that any such property
adjacent to a residential zoned parcel shall provide a sight-obscuring fence along the common lot
line(s) in accordance with residential fence height requirements; and
(14) Car washes, provided they are located more than 300 feet from a residential district. they
comply with the Drive-Through standards of PMC Chapter 25.176. [Ord. 4197 § 1, 2014; Ord.
4121 § 2, 2013; Ord. 4110 § 18, 2013; Ord. 3354 § 2, 1999; Code 1970 § 25.42.020.]
Page 128 of 165
Ordinance – Amending PMC 25.85.020 - 4
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 129 of 165
REPORT TO PLANNING COMMISSION
PUBLIC HEARING
City Hall – 525 North Third Avenue
THURSDAY, 15 July 2021
6:30 PM
1
CA 2021‐007 Car Wash
Facilities Adjacent Residential
Zoning districts
TO: Planning Commission
FROM: Jeffrey B. Adams, Associate Planner
Subject: Code Amendment: Car Washes Adjacent Residential Zoning Districts (CA 2021‐007)
Request
In March of 2021, the city received a request to amend Title 25.100 of the Pasco Municipal Code.
The request, submitted by Richard Simon on behalf of John Ramsey, asks that the PMC be amended
to allow for car wash facilities to be located within 300 Ft of residential zoning districts in a C‐3
zoning district, and sections be added to regulate those facilities.
Briefly, the argument is that the code amendments would both be good for car wash businesses and
benefit a growing population of car owners in Pasco.
The Planning Commission held a workshop at its 12 May 2021 meeting and again on 15 July 2021 to
discuss Applicant’s request.
Existing Car Wash Facilities
Staff has identified at least 13 car wash facilities in the City of Pasco as follows:
Zoning Company Address Residential w/in
300'
C‐1 All Seasons Professional Cleaning 1304 N 4th Ave No
C‐1 Bulldog Car Wash 204 N 11th Ave Yes
C‐1 Washworks Tri Cities II LLC 1015 West B St Yes
C‐3 A1 Truck Wash 3802 N Commercial Ave No
C‐3 Blue Banner Truck Wash LLC 3604 North Commercial Ave. No
C‐3 A1 Truck Wash Tri‐Cities 2216 E Hillsboro Rd Ste J No
C‐3 Oregon Ave Car Wash 1010 N Oregon Ave No
C‐1 Liberty Car Wash 4903 Convention Dr Yes*
C‐1 Washworks Tri Cities IV, LLC 2405 W Lewis St No
C‐1 Bush Car Wash 3810 W Court St Yes
C‐1 Bear Wash 320 N 20th Ave Yes
C‐1 Bush Car Wash 7200 Burden Blvd No*
C‐1 Splash & Dash* 3616 W Court Street Yes
*Some data errors from the prior report were noted and fixed in the current report.
Page 130 of 165
2
As noted, 6 of 12 are within 300’ of residential areas, and as such, are nonconforming uses according
to PMC 25.85.020.
City Codes
Pasco Municipal Code (PMC)
The current Pasco Municipal Code provisions for car wash facilities are very brief, and read as
follows:
25.85.020 Permitted uses.
The following uses shall be permitted in the C‐1 district:
(14) Car washes provided they are located more than 300 feet from a residential district.
All uses allowed in the C‐1 Zoning District are also allowed in the C‐3 Zoning District, under the same
provisions as noted above. As such, car wash facilities would be allowed in C‐3 zoning districts
provided they are at least 300’ from a residential zoning district.
Discussion Summary
Concerns discussed by the Commission were as follows:
1) Aesthetics
2) Screening
3) Noise mitigation
4) Stacking/Queuing
5) Automated systems only?
Rather than creating a narrow code focused only on C‐3 zoning Districts, Staff’s strategy is to
generalize the treatment of car wash facilities adjacent residential zoning districts, in all commercial
zones, citywide.
Staff has taken these concerns into account with the attached draft Ordinance, as follows:
1) Aesthetics: The proposed Ordinance states: “All other applicable site planning standards and
as required by Pasco Municipal Code shall apply.” Most aesthetic concerns are already
covered by existing Pasco Municipal Code sections as follows:
a. Chapter 25.135 COMMERCIAL CORRIDORS DESIGN STANDARDS; and
b. Chapter 25.130 I‐182 CORRIDOR OVERLAY DISTRICT
2) Screening: Again, most aesthetic concerns are already covered by existing Pasco Municipal
Code sections as follows:
The proposed Ordinance makes specific provision for car wash facilities adjacent residential
zoning districts, as follows:
a. Fencing (when abutting residential property):
i. Minimum six‐foot tall sight obscuring fence is required in conjunction with
solid (visual) screen landscaping.
Page 131 of 165
3
ii. The " solid (visual) screen landscaping shall be on the residential property side
of the fence.
iii. The fence shall be constructed of masonry, or other materials compatible
with the architecture of the main structure, as approved by the Director of
C&ED or assign(s).
iv. The fence, solid landscape screen and other landscaping shall be permanently
maintained and shall be kept structurally sound and safe.
3) Noise Mitigation: The proposed Ordinance addresses noise concerns as follows:
a. Noise:
i. Manufacturer's specifications clearly indicating level of noise shall be
submitted to City for review.
ii. Noise shall be measured at receiving property in dBA to be conducted and
approved by qualified professional acceptable to City.
iii. Abutting residential property shall receive noise levels not to exceed those
specified in PMC 9.130.040.
iv. Noise generated by all associated equipment on site, including vacuums, must
be designed, oriented, and soundproofed to the extent that noise does not
exceed that allowed in PMC 9.130.040.
4) Traffic Concerns & Stacking/queuing of cars: The proposed Ordinance contemplates the
following guidelines for traffic mitigation concerns:
a. Vehicular Access and Circulation:
i. The business must front an arterial or collector street. The same access shall
be used for adjacent commercial uses and the car wash.
ii. Stacking length shall provide at least ttree vehicle spaces per wash line. All
maneuvering area, stacking lanes, and exit aprons shall be located within the
car wash parcel itself. Public streets and alleys shall not be used for Car wash
customer maneuvering or parking.
5) Automated vs self‐serve facilities: In terms of mitigation requirements, all car wash facilities
will be treated similarly; however, in order to both protect neighborhood integrity and also
make 24/7 car washing available, “Automated car wash facilities located at least 300 feet
from residential neighborhoods may be available at all times.”
Summary and Conclusions
Staff’s strategy is to generalize the treatment of car wash facilities adjacent residential zoning
districts, in all commercial zones citywide. As such, the code is ensconced in the C‐1 zoning district,
which carries over to the C‐3 Zoning district by virtue of PMC 25.100.020. Based on the Planning
Commission discussion, staff has returned with an ordinance for formal planning commission
recommendation to Council.
Page 132 of 165
4
PROPOSED ACTION
MOTION: I move the Planning Commission adopt the findings of fact as contained in the 19 August 2021
staff memo regarding Car Washes Adjacent Residential Zoning Districts (CA 2021‐007).
MOTION: I move to close the public hearing on the proposed code amendment for Car Washes Adjacent
Residential Zoning Districts (CA 2021‐007) and recommend the Pasco City Council adopt the proposed code
amendment for Car Washes Adjacent Residential Zoning Districts (CA 2021‐007) as attached to the 19 August
2021 Planning Commission memo.
Page 133 of 165
Ordinance Relating to
Car Wash Facilities
- 1
ORDINANCE NO. _______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, RELATING TO ZONING AMENDING TITLE 25 DEALING
WITH THE REGULATION OF CAR WASH FACILITIES
WHEREAS, cities have the responsibility to regulate and control the physical
development within their borders and ensure the public health, safety and welfare are maintained;
and,
WHEREAS, the City of Pasco has zoning regulations that encourage orderly growth and
development of the City; and,
WHEREAS, from time to time, the City Council causes the zoning regulations to be
reviewed to ensure they fulfill their intended purposes; and,
WHEREAS, a typical residence has two or more vehicles that require occasional cleaning;
and,
WHEREAS, car washes located near residential neighborhoods provide a convenient
location for a needed commercial service and thus fit well within the purpose of Commercial
Zoning district; and,
WHEREAS, the proposed conditions of approval placed on car wash facilities that are
near existing residential neighborhoods include measures to mitigate the land use impacts,
including increased traffic and noise, of a commercial operation on a residential neighborhood;
and,
WHEREAS, limitations on the hours of operation, aesthetic screening, sound-arresting
technologies, and minimum distance of automated equipment from residential district boundaries
can be effective measures to protect existing residential neighborhoods and still provide reasonable
commercial uses in Commercial districts; and,
WHEREAS, according to Land Use Policy LU-6-A the City should “Encourage
commercial and higher-density residential uses along major corridors and leverage infrastructure
availability; and,
WHEREAS, the proposed conditions of approval would require that car wash facilities be
located along streets that are designated as arterial streets and so would allow an additional
commercial use along major street corridors, helping to implement this land use policy; and,
WHEREAS, according to Land Use Policy LU-6-B the City should “Promote efficient
and functional neighborhood level and major commercial centers to meet community demand;
and,
WHEREAS, the restrictions proposed for car washes that would be nearby residential
districts should effectively mitigate any impacts resulting from the operation of a car wash facility;
and,
WHEREAS, the City Council has determined that to further the purposes of maintaining
a quality community, it is necessary to amend PMC Title 25;
Page 134 of 165
Ordinance Relating to
Car Wash Facilities
- 2
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. That PMC 25.85 be amended as follows:
Chapter 25.85 C-1 RETAIL BUSINESS DISTRICT
Sections:
25.85.010 Purpose.
25.85.020 Permitted uses.
25.85.030 Permitted accessory uses.
25.85.040 Permitted conditional uses.
25.85.050 Development standards.
25.85.010 Purpose.
The C-1 retail business district is established to provide for the location of commercial
activities outside the central business district that meet the retail shopping and service needs of the
community. [Ord. 3354 § 2, 1999; Code 1970 § 25.42.010.]
25.85.020 Permitted uses.
The following uses shall be permitted in the C-1 district:
1) All uses permitted in the O office district;
2) Automobile detail shops and automobile rental or leasing;
3) Banks;
4) Dancing schools;
5) Hotels and motels;
6) Printing shops;
7) Restaurants;
8) Stores and shops for the conduct of retail business;
9) Stores and shops for repair and similar services such as:
a. Bakeries, retail for distribution from the premises;
b. Barbershops and beauty shops;
c. Catering establishments;
d. Garage and filling stations, provided:
i. All outdoor repair work is “minor” as defined by PMC 25.15.150; and
ii. The garage or filling station conducting outdoor repair work was in
existence and conducting outdoor auto repair prior to September 1,
2013; and
iii. The number of vehicles undergoing outdoor repair does not exceed the
capacity of the existing outdoor repair facilities, or no more than two
vehicles if there are no existing outdoor repair facilities; and
iv. The number of vehicles stored outdoors and awaiting customer pick-up
cannot exceed the capacity of the indoor and outdoor auto repair
Page 135 of 165
Ordinance Relating to
Car Wash Facilities
- 3
facilities; and further provided, that all vehicles must be kept on the
business premises; and
v. Pumps, lubrication or other devices are located at least 15 feet from any
street property line; and
vi. All stored automobile parts and dismantled or inoperable automobiles
are contained within the building, except material on outdoor display
racks.
e. Laundromats and dry-cleaning establishments employing not more than five
persons;
f. Locksmith shops;
g. Offices;
h. Membership clubs;
i. Photo shops;
j. Shoe repair shops;
k. Upholstery shops.
10) Sign shops, commercial (no outdoor storage of materials);
11) Theaters;
12) Veterinarian clinics for household pets (no boarding or outdoor treatment facilities);
13) Parking lots within 500 feet of a C-2 district boundary, provided such lots are paved
and half of the required landscape is live vegetation; and provided further, that any such
property adjacent to a residential zoned parcel shall provide a sight-obscuring fence
along the common lot line(s) in accordance with residential fence height requirements;
and
14) Car washes provided the following:
a. The total number of bays shall be limited to five.
b. Noise:
i. Manufacturer's specifications clearly indicating level of noise shall be
submitted to City for review.
ii. Noise shall be measured at receiving property in dBA to be conducted
and approved by qualified professional acceptable to City.
iii. Abutting residential property shall receive noise levels not to exceed
those specified in PMC 9.130.040.
iv. Noise generated by all associated equipment on site, including vacuums,
must be designed, oriented, and soundproofed to the extent that noise
does not exceed that allowed in PMC 9.130.040.
c. Vehicular Access and Circulation:
i. The business must front an arterial or collector street. The same points
of access shall be used for adjacent commercial uses and the car wash.
ii. Stacking length shall provide at least three vehicle spaces per wash line.
All maneuvering area, stacking lanes, and exit aprons shall be located
within the car wash parcel itself. Public streets and alleys shall not be
used for car wash customer vehicle maneuvering or parking.
d. Fencing (when abutting residential property):
i. Minimum six-foot tall sight obscuring fence is required in conjunction
with solid (visual) screen landscaping.
Page 136 of 165
Ordinance Relating to
Car Wash Facilities
- 4
ii. The solid (visual) screen landscaping cited above must be on the
residential property side of the fence.
iii. The fence shall be constructed of masonry, or other materials
compatible with the architecture of the main structure, as approved by
the Director of C&ED or assign(s).
iv. The fence, solid landscape screen and other landscaping shall be
permanently maintained and shall be kept structurally sound and safe.
e. Operation:
i. Car wash facility operation shall be restricted to the daylight hours
between 6:00 a.m. and 8:00 p.m.
ii. Car wash facilities which are in full compliance with all provisions of
this section and which are located at least 300 feet from all residential
uses and residential zoning districts may be made available at all hours.
f. All other applicable site planning standards as required by Pasco Municipal
Code shall apply.
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, 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 137 of 165
AGENDA REPORT
FOR: City Council October 1, 2021
TO: Dave Zabell, City Manager City Council Workshop
Meeting: 10/11/21
FROM: Rick White, Director
Community & Economic Development
SUBJECT: Ordinance - Code Amendment for Drive-Through Facility Design
Standards (MF# CA2021-004)
I. REFERENCE(S):
Proposed Ordinance
Staff Report to Planning Commission Dated August 22, 2021
Meeting Minutes from Planning Commission Dated August 22, 2021
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
N/A
IV. HISTORY AND FACTS BRIEF:
Drive-through facilities are common in the City of Pasco. There are currently
more than 55 establishments with drive-through facilities within the City Limits.
The City does not currently have standards for drive-through facilities or parking
lot design guidelines.
During the development review process, both city staff and the applicant are
challenged when determining the project impact, particularly with regards to
safety, built environment, and interference with the public right-of-way. This has
increased permitting time while allowing inconsistent application of design
guidelines for projects across the city.
In Pasco, drive-through facilities have varying degrees of stacking or queue
lengths that accommodate the amount of vehicle or signage and lane markings.
The City is aware of locations that consistently back up into the public streets or
create navigation issues within parking lots. Currently, drive-through
Page 138 of 165
establishments in the City of Pasco have varying queue lengths available for
vehicles ranging from zero dedicated space up to 450 feet, with an average
distance of 203 feet. The existing regulations for drive-through facilities lack
sufficient design standards or guidelines to minimize the impacts on traffic
circulation, access, pedestrians, noise, and the aesthetics associated with their
use.
Policy Guidance
The 2018-2038 Comprehensive Plan identifies various goals and policies
relevant to the proposal, included below.
• Land Use Policy 1-B
o Enhance the physical appearance of development within the
community through land use regulations, design guidelines, and
performance and maintenance standards including landscaping,
screening, building facades, color, signs, and parking lot design
and appearance.
• Land Use Policy 3-C
o Encourage all developments to include appropriate landscaping
and screening, as required by adopted regulations and guidelines
• Implementation Policy 1-A
o Maintain codes, standards, and guidelines, which are clear,
concise, and objective
V. DISCUSSION:
Staff researched best practices and examples from various jurisdictions to create
practical criteria for the review of this proposal, and siting (design) of drive -
through facilities, and establishments. These design guidelines are also intended
to encourage the highest level of design quality, while at the same time providing
the flexibility necessary to encourage creativity on the part of the project
designers.
Criteria for the proposed amendment are also intended to encourage the highest
level of design quality, and flexibility for the project applicant and designer, while
not interfering with the public right of way, or posing challenges or barriers for
access, safety or travel.
Location
The location criteria refer to where new proposed establishmen ts are permitted,
with sensitivity to compatible land uses or transportation facilities. The proposal
recommends:
• Not permitted within 125' of residential land use or zone
Page 139 of 165
• Not permitted within 300' of a signalized intersection below Level of
Service C
o Applicants can submit a Traffic Impact Analysis that demonstrates
that the proposed establishment will not impair the efficiency or
operation of the intersection.
• Not permitted within the Central Business District/C-2 Zone
• Entrances to the establishment and drive-through stacking lanes must be
at least 175' from a public street intersection and/or 150' from an adjacent
drive-through establishment.
Setbacks
Setback criteria were established to ensure adequate emergency access or
circulation is in place for the project and the surrounding uses. The proposal
recommends:
• A minimum setback of 5' from the property line for all service areas and
vehicle access lanes that are adjacent to any residential, commercial, or
industrial zone
• Service areas and vehicle access lanes must be more than 5' from all
public street and right-of-way boundaries
Parking and Circulation
Criteria for parking and circulation are also proposed, to protect and preserve
access ways for vehicles, pedestrians, and travelers navigating within the site or
accessing the site from a public road. The proposal recommends:
• Primary access to the site shall be on an arterial or collector roadway
• Establishments shall provide separate vehicle lane queuing and
circulation paths for drive-through customers that do not interfere with or
prohibit access to entrances, exits, or parking
• Reciprocal access between neighboring establishments will be required
when feasible to decrease vehicles entering and exiting the public
roadways
Vehicle Lane Stacking (Queuing)
The creation of vehicle lane stacking (queuing) standards provides staff with a
reference or baseline when reviewing new applications. This is also helpful for
the project applicant, as currently, they are not provided with a minimum
threshold for standard distances. The standards ensure that it is adequate, but
not an overburdensome amount of space dedicated for on-site maneuvering and
circulation, and, that vehicles do not impede the public right -of-way. The
proposal recommends:
• Clear signage and directions for customers
• Entrances to the drive-through lane should be located deep within the site
to mitigate overflow into the public street
• Minimum widths and turning radius
• New capacity requirements
Page 140 of 165
• Flexibility for establishments proposed within US 395, Oregon Avenue,
Highway 12, and the Columbia River
Noise, Landscaping and Site Planning
In an effort to reduce impacts to surrounding properties, staff has identified
additional standards to mitigate noise from drive -through establishments. The
proposal recommends:
• Drive-through speakers and service windows are discouraged from
directly facing a public right-of-way.
• Proposed applications shall conform with the landscaping standards of
Pasco Municipal Code 25.180.050
• A sound attenuation wall to reduce the impact of noise when an
establishment is proposed adjacent to a residentially used, zoned, or
Comprehensive Plan property.
• Confirmation that the establishment can comply with the environmental
noise regulations of Pasco Municipal Code 9.130.
• Parking lots shall be illuminated with lights directed and shielde d to
prevent light and glare from intruding onto the adjacent sites and
constructed per the City of Pasco Construction Design Standards.
• When a proposed establishment is within 200' of an adjacent planned or
existing public transportation stop, the applicant should contact Ben
Franklin Transit for opportunities to provide enhanced pedestrian access
or coordinate furnishings if a stop is located along the frontage of the site
Staff presented this item to the Pasco Planning Commission at three separate
meetings, including two public hearings in July and August. The Pasco Planning
Commission voted unanimously to close the public hearing and recommend to
the Pasco City Council the proposed amendment creating a section of the Pasco
Municipal Code for Drive-Through Facility Design Standards.
Staff welcomes feedback from the Pasco City Council on this item.
Page 141 of 165
Ordinance – Creating PMC Chapter 25.176 - 1
ORDINANCE NO. __________
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
CREATING A NEW CHAPTER 25.176 “DRIVE-THROUGH FACILITY
DESIGN STANDARDS,” WITHIN TITLE 25 ‘ZONING,” OF THE PASCO
MUNICIPAL CODE
WHEREAS, the City, pursuant to PMC 21.05.020 has identified the benefits in regulating
the division of land within the City to promote the health, safety, convenience, comfort, urban
infill, prosperity and general welfare of the present and future residents of the City; and
WHEREAS, Land-Use Policy 1-B of the 2018-2038 Comprehensive Plan states the City’s
policy is to enhance the physical appearance of development within the community through land
use regulations, design guidelines, and performance and maintenance standards including
landscaping, screening, building facades, color, signs, and parking lot design and appearance; and
WHEREAS, Economic Development Policy 1-A of the 2018-2038 Comprehensive Plan
states the City’s policy is to promote an environment which supports the development and
expansion of business opportunities; and
WHEREAS, Economic Development Policy 3-A of the 2018-2038 Comprehensive Plan
states the City’s policy is to enhance compatibility of commercial and industrial development with
residential and mixed-use neighborhoods with appropriate landscaping, screening, building and
design standards; and
WHEREAS, Transportation Policy 1-C of the 2018-2038 Comprehensive Plan states the
City’s policy is to minimize traffic conflicts on the arterial street system by implementing access
and corridor management best practices; and
WHEREAS, Implementation Policy 1-A of the 2018-2038 Comprehensive Plan states the
City’s policy is to maintain city codes, standards and guidelines which are clear, concise, and
objective.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. That Chapter 25.176 entitled “Drive-Through Facility Design Standards” within
Title 25 “Zoning, “of the Pasco Municipal Code shall be and hereby is created and shall be read
as follows:
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Ordinance – Creating PMC Chapter 25.176 - 2
Chapter 25.176
DRIVE-THROUGH FACILITY DESIGN STANDARDS
Sections:
25.176.010 Purpose.
25.176.020 Application.
25.176.030 Setbacks.
25.176.040 Location.
25.176.050 Parking and Circulation.
25.176.060 Vehicle Stacking Lane Standards.
25.176.070 Noise.
25.176.080 Site Planning.
25.176.010 Purpose.
The regulations of this chapter are intended to allow for drive-through facilities as an accessory
use to permitted commercial uses and to mitigate the impacts such uses create. Of special concern
are noise from idling cars and voice amplification equipment, lighting and queued traffic
interfering with on-site and off-site traffic and pedestrian flow. The specific purposes of this
chapter are to:
(1) Reduce noise, lighting and visual impacts on abutting uses, particularly residential uses;
(2) Promote safer and more efficient on-site vehicle and pedestrian circulation; and
(3) Reduce conflicts between queued vehicles and traffic on adjacent public streets.
25.176.020 Applicability and Application.
The regulations of this Chapter apply to all uses that have drive-through facilities, and include:
(1) “Drive-through facilities” means an establishment that sells products or provides services
to occupants in vehicles or that services vehicles at drive up to service areas, including drive-in or
drive-up windows and drive through services. A drive-through facility is composed of two parts –
the stacking lanes and the service area. The stacking lanes are the space occupied by vehicles
queueing for the service to be provided. The service area is where the service occurs. In businesses
with service windows, the service area starts at the service window. In businesses where the service
occurs indoors, the service area is the area within the building where the service occurs. For other
development, such as gas pumps, air compressors, vacuum cleaning stations, the service area is
the area where the vehicles are parked during the service. Other examples of drive-through
facilities include, but are not limited to, fast-food restaurants, car washes, banks, dry cleaners, and
pharmacies.
(2) The regulations of this chapter apply only to the portions of the site development that
comprise the drive-through facility. The regulations apply to new developments, the addition of
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Ordinance – Creating PMC Chapter 25.176 - 3
drive-through facilities to existing developments, and the relocation or business license renewal of
an existing business operating a drive-through facility. Drive-through facilities are not a right; the
size of the site or the size and location of existing structures may make it impossible to meet the
regulations of this chapter.
(3) Any property owner applying for or renewing a business license or applying for a binding
site plan which proposes a drive-through facility shall submit a site plan of the drive-through
facility as part of the underlying permit or license application to the Director of Community and
Economic Development or designee. The site plan shall consist of two (2) copies (at a scale of at
least one inch to one hundred feet) of the entire contiguous tract owned by the applicant, in a paper
format of eighteen (18) inches × twenty-four (24) inches with two inch margins. In addition, one
copy of the map shall be submitted to the City in a digital or electronic format as a Portable
Document Format (PDF). The site plan shall accurately depict the proposed drive-through facility.
Applicants seeking to renew a business license need not resubmit identical site plans if the layout
of the facility has not changed since the last licensing period.
(4) In addition to the site plan, additional documentation may be required to ensure compliance
with drive-through facility code standards, as determined by the Director of Community and
Economic Development or designee. Such information may include information needed to
determine the accuracy of information provided (e.g. length of stacking lanes).
(5) Drive-through facilities lawfully established prior to passage of this code that cannot meet
some or all of the requirements of this section shall be an established nonconforming use. Such
facilities shall still be required to comply with the other requirements of this section, such as
submitting a site plan. Existing drive-through facilities may be modified, enlarged, or expanded if
the applicant meets all requirements of this chapter.
25.176.030 Setbacks.
All drive-through facilities shall comply with the setback requirements stated below.
(1) Service areas and stacking lanes must be set back a minimum of five feet from all lot lines
that abut any residential, commercial, and industrial zones.
(2) Service areas and stacking lanes must be set back five feet from all public street lot lines.
(3) Drive-through facilities in such locations lawfully established prior to passage of this code
shall be an established nonconforming use.
25.176.040 Location.
Applications submitted for drive-through facilities shall comply with the location requirements
stated below.
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Ordinance – Creating PMC Chapter 25.176 - 4
(1) Drive-through facilities shall not be permitted within 125 feet of a residentially zoned, or
Comprehensive Plan designated residential property.
(a) Measured as the entry point of the drive-through stacking lane to the nearest
driveway or other entry point of the residential property or subdivision (e.g. dedicated
road).
(b) Distance between the two points shall be measured by calculating the shortest route
between the two points that can be achieved through lawful vehicular travel.
(2) Drive-through facilities shall not be approved within 300 feet of a signalized intersection
operating at a Level of Service (LOS) D or below unless a traffic impact analysis has been
submitted and demonstrates that the use will not impair the efficiency or operation of the
intersection.
(a) Measured as the distance between the entry point of the drive-through stacking lane
and the intersection centroid, or midpoint.
(b) Distance between the two points shall be measured by calculating the shortest route
between the two points that can be achieved through lawful vehicular travel.
(3) All driveway entrances, including stacking lane entrances, must be located at least 175 feet
from a public street intersection.
(a) Measured as the distance between the entry point to the establishment and the
intersection centroid, or midpoint.
(b) Distance between the two points shall be measured by calculating the shortest route
between the two points that can be achieved through lawful vehicular travel.
(4) Drive-through facilities, including stacking lane entrances, must be located at least 150 feet
from adjacent drive-through facilities existing prior to the date of application of the new facility.
(a) Measured as the entry point from each drive-through establishment.
(b) Shared entrances are permitted.
(c) Distance between the two points shall be measured by calculating the shortest route
between the two points that can be achieved through lawful vehicular travel.
(d) Where two applicants proposing new drive-through facilities within 150 feet are
submitted at the same time, the first applicant submitting a completed application shall be
considered an existing facility for the purposes of this section.
(5) Drive-through facilities are not permitted in the Central Business District, C-2 Zoning
District.
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Ordinance – Creating PMC Chapter 25.176 - 5
25.176.050 Parking and Circulation.
(1) The primary ingress and egress of a drive-through facility shall be from a collector roadway
or higher.
(2) Reciprocal access between abutting drive-through establishments shall be required where
feasible so that vehicles are not required to enter the public right-of-way to move from one area to
another on the same or adjacent site.
(3) Drive-through facilities shall provide separate queuing and circulation for drive-through
customers that does not interfere with or prohibit access to the entrances, exits or parking of the
site.
(4) For drive-through establishments only, a parking reduction of up to 25% may be approved
if the application clearly indicates that the establishment is for carry—out business only, with no
indoor dining and shall be approved by the Community and Economic Development Department.
25.176.060 Vehicle Stacking Lane Standards.
These regulations ensure that there is adequate on-site maneuvering and circulation areas, ensure
that stacking vehicles do not impede traffic on abutting streets, and that stacking lanes will not
have nuisance impacts on abutting residential lands.
(1) Customer drive-through and stacking lanes shall provide pavement markings and
directional signage for vehicle access.
(2) The entry point of the stacking-through stacking lane shall be located as deep into the site
as possible, and shall no less than 75 feet from the entrance approach entering from a public street.
(3) Customer drive-through stacking lanes shall have a minimum entrance approach width of
12 feet and a 25-foot turning radius at curves.
(4) Customer drive-through stacking lanes shall accommodate 20 feet per vehicle, and at a
minimum provide the appropriate capacity as stated below for their use:
Use Capacity
Financial
Institutions
160 feet
Coffee –
Indoor seating
200 feet
Pharmacy 60 feet
Espresso –
Stand Alone <
500 sqft
100 feet
Restaurants 200 feet
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Ordinance – Creating PMC Chapter 25.176 - 6
(5) Applicants may apply for and be granted a reduced stacking lane capacity from the
requirements of PMC 25.176.060(3) where sufficient evidence is submitted and accepted that
demonstrates that a reduction will not impair access or safety on and off site within 300 feet of the
site on adjacent public rights-of-way. Documentation shall include the most currently available
traffic counts (no older than 2 years), level of service, operational efficiency, and customer
projections. Information must be verified during annual business license renewal.
(6) Drive-through establishments located within US 395, Oregon Avenue, Highway 12 and the
Columbia River shall be constructed to meet the requirements of this chapter to the fullest extent,
as determined by the Department of Community and Economic Development.
(7) Customer drive-through stacking lanes shall be measured from the center of the last service
window to the entry point of the lane.
(8) The drive-through stacking lane shall be situated so that any overflow from the stacking
lane does not spill out onto a public street or aisleway of any parking lot.
(9) The drive-through stacking lane shall not disrupt any public sidewalk. Where the stacking
lane does intersect an internal pedestrian pathway or accessway, raised or decorative pavement
and signage shall be provided.
25.176.070 Noise.
(1) Drive-through speakers shall not be audible to residents or owners of adjacent residentially
used, zoned or Comprehensive Plan designated properties.
(2) Drive-through windows are discouraged on any building directly facing a public right-of-
way.
(3) The noise, exhaust fumes and lighting impacts of automobiles on adjacent residential
properties as they queue to wait for drive-through services shall be minimized to the maximum
extent practical through the installation of solid fencing with landscaping along any residential
property line that is exposed to the drive-through or by the enclosure of the drive-through fixtures
Self-Service
Carwashes
40 feet
Full-Service
Carwashes
200 feet
Gasoline
Stations
30 feet
Other Capacity requirements determined on an individual basis and
shall require supplemental documentation, including the most
currently available traffic counts (no older than 2 years), level
of service, operational efficiency, and customer projections.
as determined necessary by the Department.
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Ordinance – Creating PMC Chapter 25.176 - 7
and lanes so as to provide a buffer for adjacent residential properties and must comply with the
Landscaping Standards of PMC 25.180.050.
(4) Use of sound attenuation walls and landscaping, including a minimum six-foot-high, sight
obscuring fence, constructed of masonry, vinyl or wood, shall be constructed along said interior
property lines, provided such fences comply with the required setback requirements when adjacent
to or abutting a residentially used, zoned or Comprehensive Plan properties.
(5) The application shall provide information that the establishment can and will remain
compliant with the environmental noise level regulations of Pasco Municipal Code 9.130. To the
extent these regulations conflict with the noise PMC 9.130, the more restrictive regulations shall
apply.
25.176.080 Site Planning.
(1) Buildings should be placed close to and oriented towards the street.
(2) Outdoor dining and seating areas should be located near the main pedestrian entrance.
(3) Where applicable, walk-up windows shall be located near outdoor dining areas or other
pedestrian areas, to encourage accessibility and limit vehicle and pedestrian conflicts.
(4) Service or loading areas should not face the public right-of-way and should be located to
minimize noise and incompatibility with surrounding properties.
(5) Windows and indoor dining areas should face onto pedestrian spaces and the public-right-
of-way.
(6) Parking lots shall be illuminated with lights directed and shielded to prevent light and glare
from intruding onto adjacent sites.
(7) Where the site is located within 200 feet of an adjacent existing or planned public
transportation stop, the applicant shall contact Ben Franklin Transit and document opportunities
to provide enhanced pedestrian access or coordinated furnishings/shelter if the stop is located along
the frontage of the site.
Section 2. This ordinance shall take full force and effect five (5) days after approval,
passage and publication as required by law.
Page 148 of 165
Ordinance – Creating PMC Chapter 25.176 - 8
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 149 of 165
MEMORANDUM TO PLANNING COMMISSION
PLANNING COMMISSION MEETING
City Hall – 525 North Third Avenue – Council Chambers
DATE: THURSDAY, AUGUST 19, 2021
6:30 PM
1
TO: Planning Commission
FROM: Jacob B. Gonzalez, Senior Planner
SUBJECT: MF# CA 2021-004 Drive-Through Facility Design Standards
Background
The existing regulations for drive-through facilities lack sufficient design standards or guidelines
to minimize the impacts on traffic circulation, access, pedestrians, noise, and the aesthetics
associated with their use. Currently drive-through facilities have varying degrees of stacking or
queue lengths that accommodate the amount of vehicle or signage and lane markings.
During the development review process, city staff and the applicant are often challenged when
determining the site plans impact, particularly with regards to safety, built environment, and
interference with the public right-of-way. This has increased permitting time while allowing
inconsistent application of design guidelines for projects across the city.
City staff is aware of locations that frequently interfere with public streets or create access
problems within parking lots. Currently, the City has approximately 56 drive-through
establishments in the City of Pasco today. The queue lengths available for vehicles vary between
zero dedicated space up to 450 feet, with an average distance of 203 feet.
This staff reports takes into consideration the comments and feedback received from the
Planning Commission at the March and July meetings. These guidelines are intended to address
the development impacts of drive-through establishments, operational elements, the site and
built environment, and safety. A draft ordinance has been prepared and included for your
review.
Policy Guidance
The 2018-2038 Comprehensive Plan identifies various goals and policies that staff will refer to for
the proposal. Applicable goals and policies have been included below
• Land Use Policy 1-B:
o Enhance the physical appearance of development within the community through land
use regulations, design guidelines, and performance and maintenance standards
including landscaping, screening, building facades, color, signs and parking lot design
and appearance.
• Land Use Policy 3-C:
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2
o Encourage all developments to include appropriate landscaping and screening, as
required by adopted regulations and guidelines
• Implementation Policy 1-A:
o Maintain codes, standards, and guidelines, which are clear, concise, and objective
In addition to the Comprehensive Plan Goals and Policies the Pasco City Council established Goals
for 2020-2021 that included the following objective for Quality of Life:
Criteria for the Review of Drive-Through Uses and Establishments
The following criteria provide applicants, businesses, and City staff with direction during the
permitting and review of drive-through establishments. The guidelines are to be applied to all
new drive-through facilities. Existing drive-through establishments seeking expansion would be
required to conform to the most applicable of these guidelines as determined during the review
process.
These guidelines (See Attached Ordinance) are intended to encourage the highest level of design
quality, while at the same time providing the flexibility necessary to encourage creativity on the
part of the project designers.
Design Standards Overview:
Reduce audible and visual impacts on abutting residential uses
Promote safer and more efficient on-site vehicle and pedestrian circulation
Reduce conflicts between queued vehicles and traffic on adjacent public streets
In addition to the above focus areas, staff highlights several provisions that may reduce or
eliminate concerns and challenges of existing establishments, including:
Setting a minimum distance from all public street intersections and those operating at a Level
of Service D or below
Minimum distance requirements from residential uses and/or new drive-through
establishments
Creating standards for customer drive-through stacking lanes including total capacity, turning
radius, location within the site and entry approach
Clear language identifying that no drive-through stacking lane shall encroach upon the public
rights-of-way, interfere with pedestrian (customer) accessways within the site and the
blockage of parking spaces within the site
The proposed design standards provide a much improved and long-needed guide for staff and
businesses to utilize during the development review process.
Environmental Determination
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3
The State Environmental Policy Act (SEPA) was completed for the proposal, and a Determination
of Non-Significance (DNS) was issued on March 3, 2021.
RECOMMENDATION
MOTION: I move the Planning Commission to close the public hearing and recommend to the
Pasco City Council the proposed amendment creating a section of the Pasco Municipal Code for
Drive-Through Facility Design Standards, as contained in the August 19, 2021 Planning
Commission staff report.
Page 152 of 165
PLANNING COMMISSION MEETING MINUTES
City Hall - Council Chambers
525 North Third Avenue
Pasco, Washington
THURSDAY, AUGUST 19, 2021
6:30 PM
Planning Commission Meeting Minutes Page 1 of 6 August 19, 2021
CALL TO ORDER
City of Pasco Planning Commission meeting was called to order at 6:30 p.m., by Chair Tanya Bowers. ROLL CALL Commissioners Present: Tanya Bowers, Jay Hendler, Jerry Cochran Telephone: Isaac Myhrum, Abel Campos and Rachel Teel a quorum was declared. Commissioners Absent: Joseph Campos, Paul Mendez, Kim Lehrman Staff Present: Community & Economic Development Director Rick White, Senior Planner Jacob Gonzalez, Andrew Hattori Planner I, Administrative Assistant II Kristin Webb.
PUBLIC HEARINGS
Drive-Through Facility Design Standards (MF# CA 2021-004)- Jacob Gonzalez, Senior Planner
stated this item is to discuss an update on our proposal to create standards for dry through facilities.
Currently, the City Pasco does not have specific standards for drive through facilities, so there's no
standards with regards to stacking Lane location of the drive through Lane site design, et cetera.
This has created some inconsistencies in the development review process and certainly has
increased the amount of time and challenges throughout the development review process with
prospective applicants here at the city.
I'll do my best to answer any questions throughout the presentation. On the next slide, there's a
quick overview map. There's approximately 56 drive through facility establishments in the city of
Pasco. They range from having stacking lanes as minimal as none all the way to 450ft. And as I
mentioned at the prior meeting, there is no consistency between business uses and the length of
their stacking lane either. Some fast-food restaurants have an appropriate model space, others do
not, and they're not broken down by location either. Currently today that you kind of see the lack of
design standards has led to kind of a mix of what we see here at the city today. On the next slide.
And so obviously, with the lack of standards, we end up with significant conflict points both inside
the site and off site. So, you can see on the screen here there's two different locations, one that leads
to the increase in circus along the pedestrian sidewalk and circus that leaded to entrance and exit
ways onto the public right away. That's West Court Street, just east of US 395. And while those
conflict points exist as you enter and exit each business, as we turn onto the middle turn Lane or
around, the two lanes are on Court Street, very heavily used corridor that presents additional
problems and safety hazards.
Additionally, within the site, you can see on the picture on the bottom right that the chewing Lane
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Planning Commission Meeting Minutes Page 2 of 6 August 19, 2021
is interviews with the drive through access. With the parking lot access, you've also got three or
four businesses. They're all with separate drive through sites. It creates additional conflict points
within the site. And on that one, there's even some challenges with vehicles that end up on the
public right away, and that's on Burden Boulevard, again, just east of Road 68. So, again, another
safety challenge for the city.
So next, we have some general policy guidance, and I'd like to focus in on specifically the
Comprehensive Plan Implementation Policy one a which is for the city to maintain code standards
and guidelines which are clear, concise, and objective. We believe that this proposal currently
meets the intent of the goals and policies of the recently adopted Comprehensive Plan. On the next
slide, a few highlights of how we intended to derive the standards that are before you this evening,
and that is based on location parking and circulation, vehicle stacking or queue lengths and site
planning. On the next slide, a few of the breakdowns of the proposed criteria. The proposal today
would limit the location of a drive through facility within 125ft of a residential, land use or zone.
They would not be permitted within 300ft of a signalized intersection below the level of service C.
And that kind of correlates back to our ongoing transportation system master plan with regards to
access management. We're trying to align all of our long-range planning efforts as well.
Not permitted within the Central District. Currently, the Central Business District or downtown
does prohibit auto oriented uses. This would further clarify that as well; the entrances would not be
permitted within 175ft from a public shooter intersection. This is to eliminate those circumstances
where we have both the interference in the public right away and again, entrances would not be
permitted within 150ft of another drive through business. To help with the access management.
You will notice in the draft ordinance for you tonight that there are some provisions for if there are
businesses that are side by side that they would have reciprocal inside the site versus car needed to
travel into the right of way to make a quick left or right turn.
With regards to criteria on parking circulation, some basic guidelines here. Primary access shall be
on an arterial or a collector street. The minimized attorney movements and conflicts on the public
streets. We believe that would be served by that provision, separate queuing, and circulation paths,
minimizing curb cuts. And again, that reciprocal access within the adjacent business. So again,
some standard guidelines. On the next slide, when we discussed the sacking and queue length
process, we would require clear signage and markings. Drive through Lane entrances located
should be located deep within the site. You can see here we've got two adjacent businesses on
Court Street, and you can see that the business to the right has their drive through situated all the
way to the Northern end of their site, which not only offers additional stacking length, but also try
to ensure that those cars are not backing up into the right of way. And we see the business just to
the west of that that does not have that option, although they may have during the time of
development, but obviously without the standards, we had nothing to rely on. And so again, this is
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Planning Commission Meeting Minutes Page 3 of 6 August 19, 2021
to help with the site planning process of any establishment. And on the next slide, the table that
we're referring to quite a bit when we move forward with potentially this process is the specific
drive through queuing lanes, distance requirements for these establishments. There were some
emissions at the prior meeting, so we've added pharmacies and drug stores that is now on
there. You can see financial institutions and banks, the copy with indoor seating, espresso stand.
This addresses some of our special stands around the community restaurants, self-service car
washes, full-service car washes, gasoline stations.
It's simply kind of impossible to try to identify every single business that may or may not use a
drive through. Our intent would be to require documentation and the review process that justifies
the applicants proposed queuing Lane during the review process on the site planning. We had
mentioned when we brought this to the Planning Commission back early in the year or late 2020
that we also wanted to use this as an opportunity to enhance the public realm or the built
environment.
We've required that, when possible, buildings would be oriented towards the public street, the
service Loading areas located away from public right away. And we have other provisions in the
code that would require things along that as well. Compliance, obviously with the noise regulations
and entrance is again not permitted within the 175ft from a public street intersection. So that kind
of concludes tonight or this evening's presentation. Happy to answer or address comments from the
Planning Commission or public. As a reminder, there was an environmental determination of non-
significance issued in March, and there is a staff recommendation for approval to the City Council
on this item as well.
With that, I'll end the presentation and answer any questions. Thank you.
Commissioner Teel stated can you go back to the slide that had the Court Street and the Burden
pictures on there, please? Let's look at the one on Burden. How would the new standards fix what's
there?
Mr. Gonzalez, we have an espresso stand that does not have clear markings. I don't believe they do.
I don't believe they exist. We also got the Queue lanes that are being interfered with the Dairy
Queen on that location. The Stacking Lane interferes with the access of the parking lot. It also
interferes with access to business immediately to the north. We've also got this interesting. It's not
signed, but you got an exit entrance. Exit entrance just north of that site, which can create quite a
problem, especially as you're located just north of Burden Boulevard. We had a chance to redo this
entire site. These regulations may come in to help mitigate to remove some of these conflict points
outside of the site and potentially within the site as well. I also think kind going back to the
Comprehensive Plan Implementation Policy with regards to our codes and standards, the intent is to
be as objective and practical as possible. We certainly don't want to be overburdened some, but we
want to be careful. My guess is that we'll get a business that needs ten extra feet, although we didn't
require it.
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Planning Commission Meeting Minutes Page 4 of 6 August 19, 2021
There's only so much sort of future proofing we can do with our regulations. But had we had this in
place for both the Burden and Court Street examples, I think both of those sites would look
significantly different. Specifically, on Court Street. Those businesses. We would have tried to
utilize the reciprocal access requirement for those folks to utilize the internal site versus interfering
with public right away.
Commissioner Bowers asked for the one on Burden, would that meet the distance from the
residential area?
Jacob Gonzalez stated there is. I'm not sure about the distance from the car wash to the residential
lots to the north. The requirement is for 125ft, so it may come close, and it's based on where the
primary entrance or where a menu board may be. However, if there is an establishment that's 126ft
away, they would be required to have the site screening and noise mitigation measures as indicated
in the draft ordinance for you.
Commissioner Bowers stated and so basically, these two streets would get Grand mothered in.
Jacob Gonzalez stated yes, there is a provision that code there's existing businesses. If there's some
infrastructure improvements and they might be required to comply with in you code, I'm not sure
that'd be more of I think maybe a building official decision there with regards to Central Pasco,
which we've defined as the city between 395 Organ Avenue, the Columbia River and US twelve or
highway twelve. Our intent is the provision states that the application for businesses within that
area shall fully comply the requirements of this potential chapter if we try to. I think the fear is that
we would try to require a seven auto oriented use in a location of the city that was not built for that.
It might eliminate a lot of businesses from even having the potential to locate in Central Pasco. And
that's certainly not our intent either across the city, but we want to be sensitive to the characteristics
of the surrounding built environment and development patterns.
Commissioner Cochran asked are we the only city right now that's going to have these kinds of
standards in the Tri cities or are others doing similar things?
Mr. Gonzalez stated there's not clear requirements that I've come across. I'm not sure I've seen
specific. I have not come across specific drive through regulation standards. They might be
adjusted through more detailed site development patterns or requirements, but there are numerous
cities that do have specific drive through criteria. They range from obviously the big Metropolitan
areas down to some smaller cities on the Northeast, Maine and that part of the country, but they all
vary. Our intent with this was to sort of provide a decent and appropriate number of regulations,
especially since this is our first attempt. But we think these would be very valuable for businesses
as they look to locate in the city of Pasco.
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Planning Commission Meeting Minutes Page 5 of 6 August 19, 2021
Commissioner Cochran stated well, you seem to have started a good balance, and it seems like the
previous slide where you have the heat map, it would have cleared up a lot of that heat map if these
standards would have been in place. Have you had any feedback from the development commercial
community on these at all?
Mr. Gonzalez stated we have not we've not heard anything. I think this is our second public
hearing, but we have not heard anything from any businesses. What we heard prior to this effort
was what's the requirement?
Commissioner Myhrum stated, just a quick question. So, I'm understanding. The mitigation
requirements are required if the setback provision can't be met, is that correct? Or is mitigation like
noise and visual mitigation always required? Or can you get around it? If you meet the space
requirements.
Mr. Gonzalez responded we have our normal noise ordinance that applies to any business. It's
specifically referenced again in this proposal just to be certain about that impact. We also have site
screening standards that apply across the entire city and they're different depending on the corridor.
So, the additional provisions in this requirement would be within a certain distance of a residential
land user zoning district. And I just wanted to add I was looking for it here on the ordinance on
under the Noise section. Number five, it States that a mitigation checklist for noise must be
submitted by an applicant when their proposed application is within 300ft of a residential and use.
And that checklist simply States that they're compliant with the city's noise ordinance and that
they've complied with the screening and noise standard or mitigation noise walls, etc.
Commissioner Myhrum stated, in that same paragraph, Mr Gonzales, on noise, I notice number two
has language saying that drive through windows is discouraged on certain parts of the building.
That term discouraged. Does that come with some flexibility? How does that get interpreted by an
examiner or the city when making those kinds of decisions?
Mr. Gonzalez responded there is no other feasible manner for which a business to be located and its
menu board or speakers can only exist facing the public right away, I think that might be the only
situation in which staff would be okay with interpreting this as discouraged but allowed in this
case. Now, we can certainly re strike that and just eliminate that as an option. But again, with the
city's first attempt to establish strike through regulations, we don't want to be too restrictive either.
A site check will have to be done to identify how many businesses do have a set up where their
menu speaker boards facing the public right away.
Commissioner Myhrum stated great. Thank you. I appreciate that. And agree with you that having
flexibility there is good. And it sort of allows for extenuating circumstances as sort of a last resort
option. Thank you very much.
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Planning Commission Meeting Minutes Page 6 of 6 August 19, 2021
Commissioner Campos had a question regarding counting like a single Lane drive through or was
using a double lane that we, see? Does that count too as far as the capacity for amount of feet?
Jacob Gonzalez stated it would be both. If there was a financial institution and they had two second
lines or three, they would have to have a minimum 160ft capacity. And we've also got a provision
that has indicated that it's 20ft per car. I guess we're trying to mitigate that kind of wiggle room
where they've got an odd number that wouldn't physically fit a vehicle. We've got provisions for the
length of a vehicle as well in the code in that section. But it could include both. It could be 160 foot
one Lane or it could be 280 foot stacking lines.
Commissioner Bowers opened to the public hearing to speak on this particular item, please state
your name and city for the record.
Commissioner Hendler had a question on what impact would just have on the existing facilities
now? I'm just curious to know how these things would have changed had this ordinance been in
place. Any thought on that?
Mr. Gonzalez stated there's a few locations where the sites would have been altered on Court
Street. But those businesses have been there for quite a few decades. When the McDonald's on
Court Street went through its reconstruction, they significantly expanded their stacking lanes and
also improve the site itself. So that's a case where our standards are minimum. You have a business
that's gone a little bit above what's necessary, but they understand their market better than we do in
the planning. Certainly, there's probably a few locations spread throughout the city, I would think
specifically on the espresso and coffee locations, like the copy business. Just that was in I think the
other side, we were talking about location deep in a lot, depending on the length of their property.
We would have required that Queuing Lane to be situated deep into the lot versus so close to the
entrance to the public right away. So that would be one that would likely have changed.
We probably would have tried to identify if there's some opportunities for reciprocal access.
Commissioner Hendler stated so it sounds good. It seems like you've done a lot of work in a lot of
research, and it seems like a perfect world here. We should get this thing on the books and get
going and monitor how it’s received and be flexible to the extent that we must. Just so I think it's a
good idea. Anyway, I thank you again.
Commissioner Bowers made a motion to close public hearing. Commissioner Campos
recommended to the City Council. The proposed amendment creating a fiction of the past to mingle
code or drive to facility design centers is continued as contained in the August 19, 2021, Planning
Commission staff report. Second by Hendler. All those opposed, Hearing none, the motion passed
unanimously.
Mr. Gonzalez stated yes, the ordinance will be aviated by our legal Department and then schedule
for a workshop at the City Council this fall.
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QUALITY OF LIFE
Promote a high-quality of life through quality programs, services and appropriate investment and re-
investment in community infrastructure by:
• Using Community Development Block Grant (CDBG) and other public and private capital to
revitalize older neighborhoods and safe routes to essential services.
• Continuing efforts toward designing, siting, programming needs, and site selection for a
community center and pursuing acquisition of land for future community park.
• Developing Phase I of the A Street Sporting Complex and continue efforts to provide additional
soccer and sports fields.
• Coordinating with the Pasco Public Facilities District to develop a public education campaign,
financial analysis and prepare a ballot measure concerning the development of a regional aquatic
facility for consideration by the people.
• Completing construction of a new animal control facility.
• Ongoing efforts to improve efficiency and effectiveness of public resources in the delivery of
municipal services, programs, and long-term maintenance and viability of public facilities.
• Collaborating with the Inclusion, Diversity and Equity Commission and community leaders to
enhance engagement efforts and organizational cultural competency.
• Updating design standards for the development of new neighborhoods and re-development to
promote greater neighborhood cohesion through design elements, e.g.: walkability, aesthetics,
sustainability, and community gathering spaces.
• Updating Parks and Facilities Comprehensive Plan to include: public facilities inventory, needs
assessment, level of service, and centers evaluation.
• Teaming 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
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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.
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• Continued coordination with the Port of Pasco to complete and implement a waterfront-zoning
plan and provide for public infrastructure.
• Active partnerships in the planning and development of strategies to promote tourism and
deployment of assets to spur economic activity.
• In concert with community partners, development of a comprehensive economic development
plan.
COMMUNITY IDENTITY
Identify opportunities to enhance community identity, cohesion and image through:
• Continued efforts of community 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
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CALIDAD DE VIDA
Promover una vida de buena calidad a través de programas de calidad, servicios e inversiones y
reinversiones adecuadas en la infraestructura de la comunidad al:
• Utilizar una Community Development Block Grant (CDBG) (Concesión de Ayuda Federal para el
Desarrollo Comunitario) y otro capital público y privado para renovar las vecindades antiguas y las
rutas seguras a los servicios esenciales.
• Continuar los esfuerzos hacia el diseño, las obras de construcción, las necesidades programáticas, y
la elección de dichas obras de construcción, para un centro comunitario y comprar el terreno para
un futuro parque comunitario.
• Desarrollar la 1era Fase del Sporting Complex (Complejo Deportivo) de la Calle A y continuar los
esfuerzos de proporcionar más campos de fútbol y de otros deportes.
• Coordinar con el Pasco Public Facilities District (Distrito de las Instalaciones Públicas de Pasco) para
desarrollar una campaña de educación pública, un análisis financiero, y preparar una propuesta
sobre el desarrollo de una instalación acuática regional para que sea considerada por el público.
• Terminar la construcción de una nueva instalación para el control de animales.
• Continuar los esfuerzos para mejorar la eficiencia y la eficacia de los recursos públicos en la entrega
de servicios municipales, programas, y el mantenimiento y la viabilidad a largo plazo de
instalaciones públicas.
• Colaborar con la Inclusion, Diversity and Equity Commission (Comisión de Inclusión, Diversidad, y
Equidad) y con los líderes comunitarios para mejorar los esfuerzos de participación y la capacidad
cultural organizacional.
• Actualizar los estándares de diseño para el desarrollo de nuevas vecindades y el redesarrollo para
promover más cohesión de las vecindades a través de elementos de diseño, p. ej.: viabilidad peatonal,
evaluación de las necesidades, sustentabilidad, y lugares donde se puedan reunir los miembros de
la comunidad.
• Actualizar el Parks and Facilities Comprehensive Plan (Plan Comprehensivo de los Parques y las
Instalaciones) para que incluya: un inventario de instalaciones públicas, una evaluación de las
necesidades, el nivel de servicio, y la evaluación del centro.
• Trabajar en equipo con colaboradores regionales para desarrollar un Housing Action Plan (Plan de
Acción para Viviendas) con un enfoque en las estrategias que enfatizan viviendas económicas.
SUSTENTABILIDAD FINANCIERA
Mejorar la sustentabilidad financiera a largo plazo, el valor, y los niveles de servicios y programas,
incluyendo:
• La evaluación regular de los servicios y de los programas para confirmar la importancia de la
comunidad, la capitalización adecuada, y el costo-beneficio.
Metas del Concilio de la
Ciudad del 2020-2021
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• La continuación del costo por el servicio y de las metas de recuperación al evaluar los servicios de la
Ciudad.
• La evaluación continua de los costos, los procesos y el desempeño relacionado con la entrega de los
servicios de la Ciudad incluyendo la retroalimentación y la satisfacción del cliente, el personal, las
instalaciones, y las oportunidades colaborativas.
• Inculcar y promover una cultura organizacional de servicio al cliente a lo largo de todas las líneas de
negocio.
• Actualizar las políticas relacionadas con la urbanización de las islas no incorporadas para asegurar
consistencia con la planificación a largo plazo, la seguridad comunitaria, y la sustentabilidad fiscal.
SEGURIDAD COMUNITARIA
Preservar las mejorías anteriores y promover las ganancias futuras al:
• Desarrollar un Comprehensive Police Strategic Master Plan (Plan Maestro Estratégico
Comprehensivo Policial) a través de un proceso transparente para evaluar los niveles futuros de
servicio del departamento para asegurar sustentabilidad, seguridad pública, y control de crímenes
durante los siguientes 5-10 años.
• Trabajar con colaboradores regionales y comunitarios para evaluar e implementar estrategias para
reducir los casos de personas sin techo.
• Hacer uso y ampliar las colaboraciones para mantener y mejorar los servicios de salud conductual a
los miembros de la comunidad que se encuentran en medio de una crisis, ayudados por la policía y
por los bomberos.
• Continuar los esfuerzos para mejorar la relación con la policía y con la comunidad.
• Trabajar para lograr y mantener el tiempo de reacción de los bomberos a través de mejorías
operacionales y la planificación estratégica de instalaciones y personal a largo plazo.
• Enfocarse en la meta a largo plazo de mantener una clasificación de la comunidad Clase 3 del
Washington State Rating Bureau (Departamento de Clasificación del Estado de Washington).
• Utilizar la base de datos de la infraestructura de las banquetas, los faroles, y las condiciones del
pavimento, como también evaluar las políticas y los métodos para tratar las necesidades y las
injusticias.
RED DE TRANSPORTE COMUNITARIO
Promover una red de transporte extremadamente funcional y multimodal a través de:
• El comienzo y el término de la construcción del proyecto Lewis Street Overpass.
• El 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.
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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
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