HomeMy WebLinkAbout2022.03.07 Council Meeting Packet
AGENDA
City Council Regular Meeting
7:00 PM - Monday, March 7, 2022
City Council Chambers & GoToWebinar
Page
1. MEETING INSTRUCTIONS for REMOTE ACCESS - Governor Inslee's
Heathy Washington - Roadmap to Recovery, Phase 3 made in response to
the COVID-19 emergency, currently allows for partial "in-person" meetings.
Members of the public wishing to attend City Council meetings in-person will
need to follow the Governor's protocol outlined in Proclamation No. 20-28.15.
Individuals, who would like to provide public comment remotely, may continue
to do so by filling out the online form via the City’s website (www.pasco-
wa.gov/publiccomment) to obtain access information to comment. Requests
to comment in meetings must be received by 4:00 p.m. on the day of each
meeting.
To listen to the meeting via phone, call (631) 992-3211 and use access code
613-585-088.
City Council meetings are broadcast live on PSC-TV Channel 191 on
Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco-
wa.gov/psctvlive and on the City’s Facebook page at
www.facebook.com/cityofPasco.
2. CALL TO ORDER
3. ROLL CALL
(a) Pledge of Allegiance
4. CONSENT AGENDA - All items listed under the Consent Agenda are
considered to be routine by the City Council and will be enacted by roll call
vote as one motion (in the form listed below). There will be no separate
discussion of these items. If further discussion is desired by Council members
or the public, the item may be removed from the Consent Agenda to the
Regular Agenda and considered separately.
5 - 14 (a) Approval of Meeting Minutes
Page 1 of 159
To approve the minutes of the Pasco City Council Regular Meeting and
Regular Workshop held on February 22, 2022 and February 28, 2022.
15 - 16 (b) Bills and Communications
To approve claims in the total amount of $3,707,967.39 ($2,158,048.82
in Check Nos. 246900-247134; $668,275.71 in Electronic Transfer
Nos. 834498-834523, 834531-834539, 834562-834647, 834650-
834720, 834722-834748, 834756-834758, 834762-834794, 834796-
834850; $15,362.13 in Check Nos. 53843-53852; $866,210.66 in
Electronic Transfer Nos. 30172047-30172574; $70.07 in Electronic
Transfer Nos. 866-867).
17 - 21 (c) Resolution - Bid Award for the Water Main Replacement - Maple
Drive AC Main (Road 100 to Road 103)
To approve Resolution No. 4156, awarding Bid No. 20030 for the
Water Main Replacement - Maple Drive AC Main (Road 100 to Road
103) project to P&H Construction, LLC of Loon Lake, WA and further
authorize the City Manager to execute the contact documents and
allowing all necessary budget adjustments.
22 - 29 (d) Resolution - Termination of Mid-Columbia Regional Cable
Commission & Interlocal Agreement
To approve Resolution No. 4157, authorizing the termination of the
Mid-Columbia Regional Cable Commission and the Interlocal
Agreement establishing the Commission between the Cities of
Kennewick, Richland, and Pasco.
(RC) MOTION: I move to approve the Consent Agenda as read.
5. PROCLAMATIONS AND ACKNOWLEDGEMENTS
6. VISITORS - OTHER THAN AGENDA ITEMS - This item is provided to allow
citizens the opportunity to bring items to the attention of the City Council or to
express an opinion on an issue. Its purpose is not to provide a venue for
debate or for the posing of questions with the expectation of an immediate
response. Some questions require consideration by Council over time and
after a deliberative process with input from a number of different sources;
some questions are best directed to staff members who have acces s to
specific information. Citizen comments will normally be limited to three
minutes each by the Mayor. Those with lengthy messages are invited to
summarize their comments and/or submit written information for
consideration by the Council outside of formal meetings.
7. REPORTS FROM COMMITTEES AND/OR OFFICERS
(a) Verbal Reports from Councilmembers
Page 2 of 159
8. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND
RESOLUTIONS RELATING THERETO
9. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS
30 - 79 (a) *Q Ordinance - Columbia Basin Health Association RT to C-1
Rezone (Z 2021-018)
MOTION: I move to adopt Ordinance No. 4581, rezoning property
located near the southeast corner of Road 68 and Burns Road from R-
T to C-1, and further, authorize publication by summary only.
80 - 124 (b) *Q Ordinance - Valdez C-1 to R-3 Rezone (Z 2021-019)
MOTION: I move to adopt Ordinance No. 4582, rezoning a parcel
located at 523 West Bonneville Street from C-1 to R-3, and further,
authorize publication by summary only.
125 - 128 (c) Resolution - Single Room Occupancy (SRO) Housing
MOTION: I move to approve Resolution No. 4158, declaring a
moratorium prohibiting permitting Single Room Occupancy (SRO)
Housing and conversion thereto in the City of Pasco, pending study of
impact and best development practices and policy.
129 - 153 (d) *Resolutions - Project Acceptances - 1) South Maitland Lift
Station; 2) 9th & Washington Lift Station; 3) West Court Street
Overlay (road 32 to road 40); 4) Road 68 Widening - South of I-182
MOTION: I move to approve Resolution No. 4159, accepting work
performed by C&E Trenching, LLC. under contract for the South
Maitland Lift Station project.
MOTION: I move to approve Resolution No. 4160, accepting work
performed by C&E Trenching, LLC. under contract for the 9th and
Washington Lift Station project.
MOTION: I move to approve Resolution No. 4161, accepting work
performed by Central Washington Asphalt, Inc. under contract for the
West Court Street Overlay project.
MOTION: I move to approve Resolution No. 4162, accepting work
performed by Central Washington Asphalt, Inc. under contract for the
Road 68 Widening - South of I-182 project.
10. UNFINISHED BUSINESS
Page 3 of 159
11. NEW BUSINESS
12. MISCELLANEOUS DISCUSSION
13. EXECUTIVE SESSION
(a) Discussion with Legal Counsel About Current or Potential
Litigation per RCW 42.30.110(1)(i) (15 minutes)
14. ADJOURNMENT
15. ADDITIONAL NOTES
(a) (RC) Roll Call Vote Required
* Item not previously discussed
Q Quasi-Judicial Matter
MF# “Master File #....”
154 - 159 (b) Adopted 2020-2021 Council Goals (Reference Only)
(c) REMINDERS
• Thursday, March 10, 4:30 PM: Pasco School District (PSD)
Skilled & Technical Advisory Committee – Virtual
(COUNCILMEMBER DAVID MILNE)
• Thursday, March 10, 7:00 PM: Ben Franklin Transit Board
Meeting – Transit Facility (COUNCILMEMBER JOSEPH
CAMPOS Rep.; MAYOR PRO TEM CRAIG MALONEY, Alt.)
• Monday, March 14, 11:45 AM: Pasco Chamber of Commerce
Membership Lunch Meeting – Pasco Red Lion Hotel
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 4 of 159
AGENDA REPORT
FOR: City Council March 2, 2022
TO: Dave Zabell, City Manager City Council Regular
Meeting: 3/7/22
FROM: Debra Barham, City Clerk
Administrative & Community Services
SUBJECT: Approval of Meeting Minutes
I. REFERENCE(S):
02.22.2022 & 02.28.2022 Draft Council Minutes
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve the minutes of the Pasco City Council Regular Meeting and Regular
Workshop held on February 22, 2022 and February 28, 2022.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
Page 5 of 159
MINUTES
City Council Regular Meeting
7:00 PM - Tuesday, February 22, 2022
City Council Chambers & GoToWebinar
CALL TO ORDER
The meeting was called to order at 7:00 PM by Blanche Barajas, Mayor.
ROLL CALL
Councilmembers present: Blanche Barajas, Craig Maloney, Joseph Campos, Pete
Serrano, Nikki Torres, David Milne, and Zahra Roach
Councilmembers absent: None
Staff present: Dave Zabell, City Manager; Adam Lincoln, Deputy City Manager;
Colleen Chapin, Human Resources Director; Craig Briggs, Assistant City Attorney;
Bob Gear, Fire Chief; Zach Ratkai, Administrative & Community Services Director;
Ken Roske, Police Chief; Richa Sigdel, Finance Director; Rick White, Community
& Economic Development Director; Steve Worley, Public Works Director; and
Debby Barham, City Clerk.
The meeting was opened with the Pledge of Allegiance.
CONSENT AGENDA
Approval of Meeting Minutes
To approve the minutes of the Pasco City Council Regular Meeting and Regular
Workshop held on February 7, 2022 and February 14, 2022.
Bills and Communications
To approve claims in the total amount of $4,626,316.76 ($2,765,673.34 in Check
Nos. 246637-246899; $998,167.88 in Electronic Transfer Nos. 834721, 834749,
834752-834755, 834759-834761; $3,946.39 in Check Nos. 53839-53842;
$858,529.15 in Electronic Transfer Nos. 30171520-30172046).
Page 1 of 5Page 6 of 159
To approve bad debt write-off for Utility Billing, Ambulance, Cemetery, General
Accounts, Miscellaneous Accounts, and Municipal Court (non-criminal, criminal,
and parking) accounts receivable in the total amount of $277,023.17 and, of that
amount, authorize $0.00 to be turned over for collection.
Resolution - Orthophoto Mapping Intergovernmental Agreement
To approve Resolution No. 4151, authorizing the City Manager to execute an
InterGovernmental Agreement with Benton County for Aerial Photography and
Orthophoto Mapping of Areas within the City of Pasco.
MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Torres
(RC) MOTION: to approve the Consent Agenda as read.
RESULT: Motion carried unanimously 7-0
AYES: Mayor Barajas, Mayor Pro Tem Maloney,
Councilmember Campos, Councilmember Serrano,
Councilmember Torres, Councilmember Milne, and
Councilmember Roach
VISITORS - OTHER THAN AGENDA ITEMS
Mark Middleton, Pasco resident, commented on AirBNBs and his Accessory Dwelling
Unit (ADU) located on his property. He asked Council to change the Pasco Municipal
Code to allow AirBNB rentals within the City.
REPORTS FROM COMMITTEES AND/OR OFFICERS
Verbal Reports from Councilmembers
Mayor Pro Tem Maloney commented on the Pasco Public Facilities District Board
meeting he attended recently and he also noted that he testified on behalf of the
City with the House and Senate Transportation Committees for a multimodal
transportation project over the Sylvester Street overpass over US-395.
Mr. Campos commented on the Benton, Franklin & Walla Walla Counties Good
Roads & Transportation Association meeting he attended recently.
Ms. Torres commented on the Downtown Pasco Development Authority (DPDA)
meeting she attended recently and she announced the Peanuts Park grand
opening is scheduled for March 11, 2022.
Endorsement of Nomination - Naval Air Station (NAS) Pasco Tower National
Society Daughters of the American Revolution (NSDAR) (HIST 2022-001)
Mr. White introduced Historic Preservation Commission Chair Dan Stafford and
member Malin Bergstrom.
Page 2 of 5Page 7 of 159
Mr. Stafford and Ms. Bergstrom provided a brief update on the Historic Preservation
Commission's activities including the Historic Preservation Award Ms. Bergstrom
received from the National Society of Daughters of the American Revolution for her
efforts in preserving the Naval Air Station (NAS) Pasco Air Traffic Control Tower.
General Fund Monthly Report - December 2021
Ms. Sigdel provided a brief report on the General Fund account.
Mayor Pro Tem Maloney asked for a status of the American Rescue Plan Act
(ARPA) funding including what has been expended, allocated and what funding is
remaining to be distributed out to various projects and priorities.
Ms. Sigdel stated staff is waiting for a report for the Life Safety issue within the
downtown area and will bring that report to Council after it is received from the
consultant. She also announced that a report from the Pasco Chamber of
Commerce for the Business Assistance program will be coming to Council at the
next workshop.
Mayor Pro Tem Maloney also asked for a status of the homelessness, substance
abuse and mental health issues and how ARPA funds can address those issues as
it relates to vitality of the Pasco downtown area.
ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS
Ordinance - Amending the PMC to Establish a Fiduciary Fund for the Receipt
and Transmittal of Funds to the Administrative Office of the Courts
Ms. Sigdel provided a brief report on the required establishment of a fiduciary fund
for the receipt and transmittal of Funds to the Administrative Office of the Courts.
MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Roach
to adopt Ordinance No. 4580, establishing a fiduciary fund for the receipt and
transmittal of the funds to the Administrative Office of Courts, create a new
Chapter 3.237 "Administrative Office of the Courts Fund" of the PMC, and
further, authorize publication by summary only.
RESULT: Motion carried unanimously 7-0
AYES: Mayor Barajas, Mayor Pro Tem Maloney,
Councilmember Campos, Councilmember Serrano,
Councilmember Torres, Councilmember Milne, and
Councilmember Roach
Page 3 of 5Page 8 of 159
Resolutions - Project Acceptances - 1) PWRF Irrigation Pump Station, 2)
Columbia East Forcemain, 3) Grimmway Connection to Columbia East, 4)
PWRF Pipe Modifications
Mr. Zabell introduced Construction Manager Kent McCue who provided a brief
overview of the four (4) Public Works projects ready to be closed and accepted by
Council.
MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Milne
to approve Resolution No. 4152, accepting work performed by Apollo, Inc. under
contract for the Irrigation Pump Station project.
RESULT: Motion carried unanimously 7-0
AYES: Mayor Barajas, Mayor Pro Tem Maloney,
Councilmember Campos, Councilmember Serrano,
Councilmember Torres, Councilmember Milne, and
Councilmember Roach
MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Roach
to approve Resolution No.4153, accepting work performed by DW Excavating,
Inc. under contract for the Columbia East Force Main project.
RESULT: Motion carried unanimously 7-0
AYES: Mayor Barajas, Mayor Pro Tem Maloney,
Councilmember Campos, Councilmember Serrano,
Councilmember Torres, Councilmember Milne, and
Councilmember Roach
MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember
Campos to approve Resolution No.4154, accepting work performed by C&E
Trenching, LLC. under contract for the Grimmway Connection to Columbia East
project.
RESULT: Motion carried unanimously 7-0
AYES: Mayor Barajas, Mayor Pro Tem Maloney,
Councilmember Campos, Councilmember Serrano,
Councilmember Torres, Councilmember Milne, and
Councilmember Roach
MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember
Campos to approve Resolution No.4155, accepting work performed by DW
Excavating, Inc. under contract for the Process Water Reuse Facility (PWRF)
Pipe Modifications project.
RESULT: Motion carried unanimously 7-0
AYES: Mayor Barajas, Mayor Pro Tem Maloney,
Councilmember Campos, Councilmember Serrano,
Councilmember Torres, Councilmember Milne, and
Councilmember Roach
Page 4 of 5Page 9 of 159
MISCELLANEOUS DISCUSSION
Mr. Zabell stated that the City's first open house forum was held Pasco Chamber of
Commerce on February 17, 2022. He also announced the next open house is
scheduled for Thursday February 24th and it will be conducted virtually starting at 6:00
PM. He noted that the topics discussed during these forums will be presented to City
Council at their upcoming retreat.
Mayor Barajas announced that the Tri-Cities Hispanic Chamber of Commerce is
seeking volunteers for their "Point in Time Count" related to the hom eless within the
community and it is scheduled for February 24, 2022.
ADJOURNMENT
There being no further business, the meeting was adjourned at 7:46 PM.
PASSED and APPROVED this ____ day of ________________, 20__.
APPROVED: ATTEST:
Blanche Barajas, Mayor Debra Barham, City Clerk
Page 5 of 5Page 10 of 159
MINUTES
City Council Workshop Meeting
7:00 PM - Monday, February 28, 2022
City Council Chambers & GoToWebinar
CALL TO ORDER
The meeting was called to order at 7:00 PM by Blanche Barajas, Mayor.
ROLL CALL
Councilmembers present: Blanche Barajas, Craig Maloney, Joseph Campos, Pete
Serrano, David Milne, Zahra Roach, and Nikki Torres
Councilmembers absent: None
Staff present: Dave Zabell, City Manager; Adam Lincoln, Deputy City Manager;
Colleen Chapin, Human Resources Director; Craig Briggs, Assistant City Attorney;
Jeff Briggs, Assistant City Attorney; Bob Gear, Fire Chief; Zach Ratkai,
Administrative & Community Services Director; Ken Roske, Police Chief; Richa
Sigdel, Finance Director; Rick White, Community & Economic Development
Director; Steve Worley, Public Works Director; and Debby Barham, City Clerk.
The meeting was opened with the Pledge of Allegiance.
VERBAL REPORTS FROM COUNCILMEMBERS
Mr. Campos commented on the ride-a-long with a Pasco Police Department Officer
recently.
Mr. Milne commented on the Colima-Pasco Friendship & Collaboration Association
(COPA) meeting he recently attended.
Mayor Barajas commented on the meeting she participated in with Washington State
Governor Inslee last week to address homelessness in the community.
Page 1 of 4Page 11 of 159
ITEMS FOR DISCUSSION
American Rescue Plan Act (ARPA) Funds Business Support Program with
Pasco Chamber of Commerce Update
Ms. Sigdel introduced Colin Hastings, Executive Director with the Pasco Chamber
of Commerce who provided a report on the Business Support Program, which was
funded with the ARPA funds. Rolando Rodriguez with Sol Case Management also
provided some insights related to the Business Support Program.
Council, Mr. Hastings, and Mr. Rodriguez further discussed the program, how it
was administered and the feedback from the businesses that applied for funding
under the program and either received or did not receive funding.
Ms. Sigdel stated that approximately $1 Million from the Business Support Program
will be returned to the City's ARPA Fund and will be available for reallocation.
Single Room Occupancy (SRO) Housing
Council and staff continued the discussion of SRO housing, which began during
the February 14th Council Workshop. The discussion included concerns of SROs
and also options available to Council for consideration as listed below:
1. Take no further action and let the market dictate the rate and timing of
conversions, recognizing that the City is going through a Housing Capacity
Plan, with will offer additional insights for consideration; or
2. Establish a moratorium on the conversions process and reassess after
completion of the Housing Capacity Plan (estimated to be completed in the
summer of 2022), recognizing that establishing a moratorium requires a set
standard of process and is limited in duration; or
3. Repeal the applicable ordinance establishing the SRO process in the Pasco
Municipal Code.
At the conclusion of the discussion, Council instructed staff to prepare a temporary
moratorium on processing any new SRO applications within the City.
Staff confirmed that they will bring back a resolution at the Marc h 7th meeting for
Council's consideration to start the process establishing a temporary moratorium
on SROs, noting that the current three SRO issued conditional use permits will
continue through the permitting process.
Fire Services Financial Strategy Discussion
Mr. Zabell briefly commented on the City's fire services current and future needs
and then introduced Fire Chief Gear and Finance Director Sigdel who provided a
report on the Pasco Fire Department financial strategy that addressed the need for
three (3) additional Fire and Emergency Services facilities within Pasco.
Page 2 of 4Page 12 of 159
Parks Off-Season Work & Activities
Mr. Ratkai stated that this was an opportunity to update Council on how the
Facilities Division, part of Administrative & Community Development Department,
was utilizing the additional fulltime staff during the winter months and the benefits
the City is reaping from the 2021 restructuring of the division's workforce. He
introduced Dan Dotta, Facilities Manager, who provided a presentation on the
Facilities Division winter projects including teaming up with other departments,
which resulted in greater efficiencies across the City.
Council expressed appreciation to staff for the update on how the Facilities Division
is making positive impacts within the City.
Resolution - Bid Award for the Water Main Replacement - Maple Drive AC
Main (Road 100 to Road 103)
Mr. Worley introduced Capital Improvement Program Manager Maria Serra who
highlighted the Water Main Replacement - Maple Drive AC Main - Project and
stated that the bid award for this project will be brought forward to Council for
approval at the March 7, 2022, meeting.
Resolution - Termination of Mid-Columbia Regional Cable Commission &
Interlocal Agreement
Mr. Zabell briefed Council on the proposed termination of the Mid-Columbia
Regional Cable Commission and the interlocal agreement establishing the
Commission between the Cities of Kennewick, Richland and Pasco. He stated that
approval of the termination will come back for Council consideration at the March
7th meeting.
MISCELLANEOUS COUNCIL DISCUSSION
Mr. Zabell announced the following:
• The third Community Forum is scheduled on Thursday, March 3rd, at 6:30 PM,
located at the HAPO Center.
• The Peanuts Park Grand Opening is scheduled for Friday, March 11th at 1:00
PM.
• Washington State Governor Inslee has announced that face mask mandate will
end on March 12, 2022, as part of a collaborative effort with the states of
California and Oregon.
Mayor Barajas commented on the recent conflict in Ukraine that was initiated by Russia
and expressed support for Ukraine.
Ms. Roach also commented on the conflict and her cousin's story who is currently a
refugee in Poland.
Page 3 of 4Page 13 of 159
ADJOURNMENT
There being no further business, the meeting was adjourned at 8:56 PM.
PASSED and APPROVED this __ day of ________________, 20__.
APPROVED: ATTEST:
Blanche Barajas, Mayor Debra Barham, City Clerk
Page 4 of 4Page 14 of 159
AGENDA REPORT
FOR: City Council March 3, 2022
TO: Dave Zabell, City Manager City Council Regular
Meeting: 3/7/22
FROM: Richa Sigdel, Finance Director
Finance
SUBJECT: Bills and Communications
I. REFERENCE(S):
Accounts Payable 03.07.22
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve claims in the total amount of $3,707,967.39 ($2,158,048.82 in Check
Nos. 246900-247134; $668,275.71 in Electronic Transfer Nos. 834498-834523,
834531-834539, 834562-834647, 834650-834720, 834722-834748, 834756-
834758, 834762-834794, 834796-834850; $15,362.13 in Check Nos. 53843-
53852; $866,210.66 in Electronic Transfer Nos. 30172047 -30172574; $70.07 in
Electronic Transfer Nos. 866-867).
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
Page 15 of 159
REPORTING PERIOD:
March 7, 2022
Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined
Check Numbers 246900-247134 53843-53852
Total Check Amount $2,158,048.82 $15,362.13 Total Checks 2,173,410.95$
Electronic Transfer Numbers 834498-834523 30172047-30172574 866-867
834531-834539
834562-834647
834650-834720
834722-834748
834756-834758
834762-834794
834796-834850
Total EFT Amount $668,275.71 $866,210.66 $70.07 $0.00 Total EFTs 1,534,556.44$
Grand Total 3,707,967.39$
Councilmember
756,329.49
49,859.45
29,340.48
1,060.48
70,804.57
2,728.69
7,462.48
668.87
0.00
660.19
1,737.58
0.00
81,869.26
13,908.01
11,585.20
0.00
HOTEL/MOTEL EXCISE TAX 12,872.99
0.00
554,396.37
507,433.85
55,942.95
8,732.76
1,540,573.72
GRAND TOTAL ALL FUNDS:3,707,967.39$
The City Council
February 17 - March 2, 2022
C I T Y O F P A S C O
Council Meeting of:
Accounts Payable Approved
City of Pasco, Franklin County, Washington
We, the undersigned, do hereby certify under penalty of perjury the materials have been furnished, the services rendered or the labor performed as described
herein and the claim is a just, due and unpaid obligation against the city and we are authorized to authenticate and certify to such claim.
Dave Zabell, City Manager Darcy Buckley, Finance Manager
We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this
7th day of March, 2022 that the merchandise or services hereinafter specified have been received and are approved for payment:
Councilmember
SUMMARY OF CLAIMS BY FUND:
GENERAL FUND
STREET
SCHOOL IMPACT FEES
C.D. BLOCK GRANT
MARTIN LUTHER KING COMMUNITY CENTER
AMBULANCE SERVICE
ARPA
CEMETERY
ATHLETIC PROGRAMS
GOLF COURSE
SENIOR CENTER OPERATING
MULTI-MODAL FACILITY
EQUIPMENT RENTAL - OPERATING GOVERNMENTAL
RIVERSHORE TRAIL & MARINA MAIN
REVOLVING ABATEMENT
ECONOMIC DEVELOPMENT
STADIUM/CONVENTION CENTER
LID
GENERAL CAP PROJECT CONSTRUCTION
UTILITY, WATER/SEWER
PAYROLL CLEARING
EQUIPMENT RENTAL - OPERATING BUSINESS
Page 16 of 159
AGENDA REPORT
FOR: City Council February 28, 2022
TO: Dave Zabell, City Manager City Council Regular
Meeting: 3/7/22
FROM: Steve Worley, Director
Public Works
SUBJECT: Resolution - Bid Award for the Water Main Replacement - Maple Drive
AC Main (Road 100 to Road 103)
I. REFERENCE(S):
Resolution
Bid Tabs
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. ________, awarding Bid No. 20030
for the Water Main Replacement - Maple Drive AC Main (Road 100 to Road 103)
project to P&H Construction, LLC of Loon Lake, WA and further authorize the
City Manager to execute the contact documents and allowing all necessary
budget adjustments.
III. FISCAL IMPACT:
Proposed Contract Award: $325,950.95
2021-2022 Adopted Budget: $412,973.23 from Water Fund (Fund 411)
IV. HISTORY AND FACTS BRIEF:
The Water Main Replacement - Maple Drive AC Main (Road 100 to Road 103)
is included in the 6-year Capital Improvement Program (CIP).
This project will replace approximately 1,200 linear feet of existing 6" asbestos
concrete water line with an 8" ductile iron pipe and appurtenances along Maple
Drive connecting the water mains along Road 100 and Road 103.
This connection will loop the water system and improve flow characteristics of
the system. Looping the system with properly sized water mains provides
increased flows and pressures that help ensure adequate fire protection. This
Page 17 of 159
project will also improve water quality for customers in this area by reducing the
need to flush the system due to the existing dead end lines.
This line was prioritized in the capital plan due to the deficiencies previously
noted and a history of frequent repairs, which caused unplanned service
interruption to users and increased O&M costs.
V. DISCUSSION:
The project was advertised for bids on January 21, 2022. On February 10, 2022
bids were publicly opened. A total of seven (7) bids were received.
The lowest responsible, responsive bidder is P&H Construction, LLC. of Loon
Lake, WA in the amount of $325,950.95. The Engineer's Estimate was
$340,732.50.
Based on the bids received, the project is anticipated to be completed within
budget and no budget adjustments are necessary at this time.
The Engineer of Record and City staff completed the review of the bid submittal
and found no exemptions or irregularities.
This item was discussed at the February 28, 2022, Council Workshop meeting.
Staff recommends award of the contract to P&H Construction, LLC. of Loon
Lake, WA.
Page 18 of 159
Resolution – Bid Award for the Water Main Replacement –
Maple Drive AC Main (Road 100 to Road 103) project - 1
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, AWARDING BID NO. 20030 FOR THE WATER MAIN
REPLACEMENT - MAPLE DRIVE AC MAIN (ROAD 100 TO ROAD 103)
PROJECT TO P&H CONSTRUCTION, LLC. OF LOON LAKE, WASHINGTON
AND FURTHER AUTHORIZE THE CITY MANAGER TO EXECUTE THE
CONTRACT DOCUMENTS AND ALLOWING ALL NECESSARY BUDGET
ADJUSTMENTS.
WHEREAS, the City of Pasco has an identified capital improvement public works project
described as the Water Main Replacement - Maple Drive AC Main (Road 100 to Road 103)
project; and
WHEREAS, this project includes installation of a new water main, as replacement of the
existing water main, located along Maple drive between Road 100 and Road 103; and
WHEREAS, the City solicited sealed public bids for this project, identified as the Water
Main Replacement - Maple Drive AC Main (Road 100 to Road 103) project; and
WHEREAS, on February 10, 2022, at 2:00 p.m., Seven (7) bids were received and opened
by the City; and
WHEREAS, the lowest responsive bidder was P&H Construction, LLC. with a Bid of
$325,950.95, the Engineer’s Estimate was $340,732.50; and
WHEREAS, the bid documentation was reviewed and the bidder was determined to be
responsible and responsive.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City hereby awards the Water Main Replacement - Maple Drive AC Main (Road
100 to Road 103) project to P&H Construction, LLC. of Loon Lake, Washington in the amount of
$325,950.95, including Washington State Sales Tax; and
Be It Further Resolved, that this Resolution shall take effect and be in full force
immediately upon passage by the City Council.
Page 19 of 159
Resolution – Bid Award for the Water Main Replacement –
Maple Drive AC Main (Road 100 to Road 103) project - 2
PASSED by the City Council of the City of Pasco, Washington this ___ day of March,
2022.
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
Page 20 of 159
Bid Tabulations - Water Main Replacement - Maple Dr, AC Main (Rd 100 to Rd 103)Project #20030Bid Date: February 10, 2022Contractor: Contractor: Contractor: Contractor:Base BidEngineer's EstimateItem No.Description Quant Unit Unit Price Total AmountUnit Price Total Amount Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount1Mobilization & Demobilization (6%)1LS$20,000.00 $ 20,000.00 $ 16,989.00 16,989.00$ 11,000.00$ 11,000.00$ 15,000.00$ 15,000.00$ 20,986.01$ 20,986.01$ 2Minor Changes1FA$15,000.00 $ 15,000.00 $ 15,000.00 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 3Proj. Temporary Traffic Control, Min. Bid $1,0001LS$5,000.00 $ 5,000.00 $ 7,500.00 7,500.00$ 12,788.00$ 12,788.00$ 15,000.00$ 15,000.00$ 6,153.76$ 6,153.76$ 4SPCC Plan, Min. Bid $1,0001LS$1,000.00 $ 1,000.00 $ 1,500.00 1,500.00$ 1,351.00$ 1,351.00$ 1,000.00$ 1,000.00$ 1,114.87$ 1,114.87$ 5Erosion/Water Pollution Control, Min. Bid $1,0001LS$1,000.00 $ 1,000.00 $ 1,000.00 1,000.00$ 2,604.00$ 2,604.00$ 1,000.00$ 1,000.00$ 111.62$ 1,111.62$ 6Record Drawings, Min. Bid $1,0001LS$1,000.00 $ 1,000.00 $ 1,500.00 1,500.00$ 1,335.00$ 1,335.00$ 1,000.00$ 1,000.00$ 1,892.95$ 1,892.95$ 7Dust Control, Min. Bid $1,0001LS$1,000.00 $ 1,000.00 $ 3,500.00 3,500.00$ 3,133.00$ 3,133.00$ 1,000.00$ 1,000.00$ 1,061.91$ 1,061.91$ 8Shoring or Extra Excavation1200LF$4.00 $ 4,800.00 $ 4.00 4,800.00$ 2.14$ 2,568.00$ 5.00$ 6,000.00$ 4.35$ 5,220.00$ 9Removal of Structures and Obstructions1LS$7,000.00 $ 7,000.00 $ 2,500.00 2,500.00$ 14,226.00$ 14,226.00$ 19,500.00$ 19,500.00$ 12,106.85$ 12,106.85$ 10Dig and Verify1EA$1,000.00 $ 1,000.00 $ 1,800.00 1,800.00$ 1,572.00$ 1,572.00$ 3,500.00$ 3,500.00$ 913.73$ 913.73$ 1110" CSBC 1150SY$16.00 $ 18,400.00 $ 15.00 17,250.00$ 10.17$ 11,695.50$ 15.00$ 17,250.00$ 19.66$ 22,609.00$ 123" HMA, CL 3/8", PG 64S-28 for Pavement Repair1150SY$35.00 $ 40,250.00 $ 44.00 50,600.00$ 49.17$ 56,545.50$ 35.00$ 40,250.00$ 27.12$ 31,188.00$ 13Landscape Restoration1LS$10,000.00 $ 10,000.00 $ 3,200.00 3,200.00$ 8,506.00$ 8,506.00$ 24,000.00$ 24,000.00$ 10,346.54$ 10,346.54$ 14Utility Crossing13EA$300.00 $ 3,900.00 $ 500.00 6,500.00$ 1,654.00$ 21,502.00$ 300.00$ 3,900.00$ 515.86$ 6,706.18$ 15Water Main Installation and Comissioning - 8" DI1200LF$100.00 $ 120,000.00 $ 81.00 97,200.00$ 72.15$ 86,580.00$ 63.00$ 75,600.00$ 84.93$ 101,916.00$ 16Connect to Existing Water Mains2EA$7,000.00 $ 14,000.00 $ 2,500.00 5,000.00$ 2,165.00$ 4,330.00$ 3,000.00$ 6,000.00$ 1,309.27$ 2,618.54$ 17DI Gate Valve, 8"2EA$1,600.00 $ 3,200.00 $ 2,200.00 4,400.00$ 3,086.00$ 6,172.00$ 2,000.00$ 4,000.00$ 2,687.36$ 5,374.72$ 18Svc Conn, Copper Pipe, 1" Diam. (w/K-type Water Meter Boxes)15EA$2,300.00 $ 34,500.00 $ 2,700.00 40,500.00$ 1,906.00$ 28,590.00$ 3,500.00$ 52,500.00$ 4,134.55$ 62,018.25$ 19Svc Conn, Copper Pipe, 1" Diam. (w-o/K-type Water Meter Boxes3EA$1,900.00 $ 5,700.00 $ 2,300.00 6,900.00$ 1,770.00$ 5,310.00$ 2,500.00$ 7,500.00$ 3,979.85$ 11,939.55$ 20Hydrant Assembly w/Valve & Storz Adapter & Bollards1EA$7,000.00 $ 7,000.00 $ 12,500.00 12,500.00$ 10,061.00$ 10,061.00$ 3,500.00$ 3,500.00$ 13,828.26$ 13,828.26$ Subtotal: 313,750.00$ 300,139.00$ 304,869.00$ 312,500.00$ 334,106.74$ Subtotal: 313,750.00$ 300,139.00$ 304,869.00$ 312,500.00$ 334,106.74$ WA St Sales Tax (8.6%): 26,982.50$ 25,811.95$ 26,218.73$ 26,875.00$ 28,733.18$ TOTAL: 340,732.50$ 325,950.95$ 331,087.73$ 339,375.00$ 362,839.92$ Contractor: Contractor: Contractor:Base BidEngineer's EstimateItem No.Description Quant Unit Unit Price Total AmountUnit Price Total Amount Unit Price Total Amount Unit Price Total Amount1Mobilization & Demobilization (6%)1LS $ - $ 19,500.00 19,500.00$ 18,000.00$ 18,000.00$ 28,200.00$ 28,200.00$ 2Minor Changes1FA$15,000.00 $ 15,000.00 $ 15,000.00 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 3Proj. Temporary Traffic Control, Min. Bid $1,0001LS $ - $ 18,000.00 18,000.00$ 8,000.00$ 8,000.00$ 17,600.00$ 17,600.00$ 4SPCC Plan, Min. Bid $1,0001LS $ - $ 1,000.00 1,000.00$ 1,000.00$ 1,000.00$ 1,000.00$ 1,000.00$ 5Erosion/Water Pollution Control, Min. Bid $1,0001LS $ - $ 3,700.00 3,700.00$ 1,000.00$ 1,000.00$ 1,000.00$ 1,000.00$ 6Record Drawings, Min. Bid $1,0001LS $ - $ 1,500.00 1,500.00$ 5,500.00$ 5,500.00$ 1,000.00$ 1,000.00$ 7Dust Control, Min. Bid $1,0001LS $ - $ 1,000.00 1,000.00$ 1,000.00$ 1,000.00$ 1,000.00$ 1,000.00$ 8Shoring or Extra Excavation1200LF $ - $ 8.00 9,600.00$ 1.30$ 1,560.00$ 1.02$ 1,224.00$ 9Removal of Structures and Obstructions1LS $ - $ 8,500.00 8,500.00$ 800.00$ 800.00$ 15,200.00$ 15,200.00$ 10Dig and Verify1EA $ - $ 7,500.00 7,500.00$ 2,660.00$ 2,660.00$ 920.00$ 920.00$ 1110" CSBC 1150SY $ - $ 12.00 13,800.00$ 17.00$ 19,550.00$ 23.60$ 27,140.00$ 123" HMA, CL 3/8", PG 64S-28 for Pavement Repair1150SY $ - $ 38.00 43,700.00$ 55.00$ 63,250.00$ 32.58$ 37,467.00$ 13Landscape Restoration1LS $ - $ 7,500.00 7,500.00$ 10,400.00$ 10,400.00$ 25,450.00$ 25,450.00$ 14Utility Crossing13EA $ - $ 1,450.00 18,850.00$ 1,200.00$ 15,600.00$ 480.00$ 6,240.00$ 15Water Main Installation and Comissioning - 8" DI1200LF $ - $ 88.00 105,600.00$ 84.00$ 100,800.00$ 104.60$ 125,520.00$ 16Connect to Existing Water Mains2EA $ - $ 3,650.00 7,300.00$ 5,650.00$ 11,300.00$ 9,400.00$ 18,800.00$ 17DI Gate Valve, 8"2EA $ - $ 3,200.00 6,400.00$ 2,200.00$ 4,400.00$ 2,260.00$ 4,520.00$ 18Svc Conn, Copper Pipe, 1" Diam. (w/K-type Water Meter Boxes)15EA $ - $ 2,185.00 32,775.00$ 2,100.00$ 31,500.00$ 7,130.00$ 106,950.00$ 19Svc Conn, Copper Pipe, 1" Diam. (w-o/K-type Water Meter Boxes3EA $ - $ 2,185.00 6,555.00$ 6,400.00$ 19,200.00$ 7,040.00$ 21,120.00$ 20Hydrant Assembly w/Valve & Storz Adapter & Bollards1EA $ - $ 8,350.00 8,350.00$ 8,500.00$ 8,500.00$ 16,200.00$ 16,200.00$ Subtotal: 15,000.00$ 336,130.00$ 339,020.00$ 471,551.00$ Competitive bids were opened on February 10, 2022. All bids haveSubtotal: 15,000.00$ 336,130.00$ 339,020.00$ 471,551.00$ been reviewed by this office, and all unbalanced bids checked.WA St Sales Tax (8.6%): 1,290.00$ 28,907.18$ 29,155.72$ 40,553.39$ Apperant low bidder is:TOTAL: 16,290.00$ 365,037.18$ 368,175.72$ 512,104.39$ P&H Construction, LLC2/14/2022 _____________________________________Date Project ManagerAlba's Excavating Goodman & Mehlenbacher Double J ExcavatingP&H Construction, LLC C&E Trenching, LLC POW Contracting, Inc. Total Site Services Consssssssssssssssssssstructionnnnn, LL, , L, L, L, C_____________________________ProjePct MattttttctcttctctctcctcccnageragaaaagaaaaaaaagaagPage 21 of 159
AGENDA REPORT
FOR: City Council March 1, 2022
TO: Dave Zabell, City Manager City Council Regular
Meeting: 3/7/22
FROM: Dave Zabell, City Manager
Executive
SUBJECT: Resolution - Termination of Mid-Columbia Regional Cable Commission &
Interlocal Agreement
I. REFERENCE(S):
Resolution
1994 ILA Establishing the Mid-Columbia Regional Cable Commission
FCC Regulation of Cable TV Rates
Link to: ArsTechina Article, July 17, 2017
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve Resolution No. ____, authorizing the termination of the Mid -
Columbia Interlocathe Cable Commission Regional and Agreement l
establishing the Commission between the Cities of Kennewick, Richland, and
Pasco.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
In 1994, after the passage of the Federal Cable Television Consumer Protection
Act, the Cities of Pasco, Richland, and Kennewick formed the Mid -Columbia
Regional Cable Commission (Commission) to set basic cable TV rates for the
region as provided under the Act. The setting of basic Cable TV (cable television
service consisting of local broadcast channels and public, educational, and
government (PEG) channels) was allowed as long as the FCC had not made a
determination of “effective competition” by a competing service, such as satellite
TV.
However, the Commission was never formally selected and subsequently never
met for reasons unknown to current staff. In any event, local rate setting of basic
Page 22 of 159
Cable TV service was rendered essentially moot by an FCC order in 2015, which
granted “effective competition” to all cable systems in the nation because of the
widespread availability of satellite TV service. The U.S. Court of Appeals, District
of Columbia Circuit, upheld the FCC order in 2017.
V. DISCUSSION:
The termination of the ILA and Commission was discussed at the February 28,
2022 Council Workshop.
The City of Richland has taken the lead in coordinating the effort to terminate
the subject ILA.
Pasco staff concurs with the termination as the ILA could no longer be
implemented and has never been used as intended.
Page 23 of 159
Resolution – Termination of Cable Commission ILA – 1
RESOLUTION NO. ____
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE TERMINATION OF THE MID-COLUMBIA REGIONAL
CABLE COMMISSION AND THE INTERLOCAL AGREEMENT
ESTABLISHING THE COMMISSION BETWEEN THE CITIES OF
KENNEWICK, RICHLAND, AND PASCO.
WHEREAS, RCW 39.34, INTERLOCAL COOPERATION ACT, authorizes political
subdivisions to jointly exercise their powers, privileges, or authorities with other political
subdivisions of this state through the execution of an interlocal cooperative or interagency
agreement; and,
WHEREAS, the Mid-Columbia Regional Cable Commission was established in 1994 by
interlocal agreement between the cities of Pasco, Kennewick and Richland to regulate basic tier
cable rates in jurisdictions where effective competition was not present; and
WHEREAS, at the time the Commission was established, the Federal Communication
Commission’s (FCC) rules provided for a presumption that markets were not competitive, and
cable operators had to challenge the local franchising authority’s determination that it was
appropriate to regulate basic tier cable rates by providing proof to the FCC that effective
competition did in fact exist; and
WHEREAS, despite being in existence for nearly 30 years, there is no evidence in the
record that the Mid-Columbia Regional Cable Commission ever took any action under its
authority; and
WHEREAS, in 2015, the FCC determined that, given the pervasiveness of other types of
providers such as Dish and DirectTV, effective competition should now be assumed, subject to
evidence to the contrary (i.e., a rebuttable presumption). Through a Report and Order (attached),
the FCC held that, based on the rebuttable presumption of effective competition, each franchising
authority will be prohibited from regulating basic cable rates unless it successfully demonstrates
that the cable system is not subject to Competing Provider Effective Competition; and
WHEREAS, the FCC Order undercuts any authority the Mid-Columbia Regional Cable
Commission has or had, making termination of the Commission appropriate; and
WHEREAS, Section V. of the Original Agreement provides that termination of the
Original Agreement establishing the Mid-Columbia Regional Cable Commission may occur by
agreement of all three cities or by any two of the three cities; and
WHEREAS, the City of Richland is requesting the termination of the Mid-Columbia
Regional Cable Commission, as well as the interlocal agreement establishing the Commission,
attached hereto as Exhibit A.
Page 24 of 159
Resolution – Termination of Cable Commission ILA – 2
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, Washington, has after due
consideration, determined that it is the best interest of the City of Pasco to terminate the Mid-
Columbia Regional Cable Commission and Interlocal Agreement establishing the Commission.
Section 2. That the City Clerk is instructed to provide a copy of this Resolution to the Cities
of Kennewick and Richland confirming the City Council’s decision to terminate the Commission
and Interlocal Agreement.
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 _____,
2022.
_____________________________
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
Page 25 of 159
INTERLOCAL AGREEMENT CREATING THE
MID -COLUMBIA REGIONAL CABLE COMMISSION
This contract is made between the cities of Pasco, Kennewick, and Richland, municipal
corporations of the State of Washington, for the purpose of creating a Commission to regulate
cable television in accord with federal law.
I DURATION
The duration of this agreement is perpetual.
II ORGANIZATION
There is hereby created a Mid -Columbia Cable Commission composed of three members, one
selected by each City hereto. The Commission shall have no authority to expend any funds
other than such as may be essential for the performance of its duties. The Commission is
authorized to obtain clerical, legal, and other support assistance as may be required for the
performance of its duties. This support shall be supplied by the Cities collectively as the City
Managers may determine and direct.
III PURPOSE
The purpose of the Commission is to establish basic tier cable rates and to perform any other
reasonably necessary or appropriate function delegated to the three Cities by the Cable
Television Consumer Protection Act, Public Law No. 102-382. The Commission may adopt and
enforce in the name of any City which participates in this agreement or any one of them
individually, such matters as may come within its jurisdiction. This includes passing resolutions
or undertaking any other formal act, giving notices, bringing or defending any action in a court
of law or equity, or doing any other act necessary, proper or relevant to its duties. In addition
to such other powers, the Commission may make recommendations from time to time to the
Cities for the enactment of such regulations, ordinances, or the taking of such other action as
it may deem appropriate and in the best interests of its citizens.
IV NO LIMITATIONS
Nothing in this interlocal cooperation agreement should be construed as a limitation on the power
of the respective Cities to take any act or action they may deem necessary or advisable, either
singly or collectively, nor to limit their authority as provided in the foregoing federal statute.
This agreement may be terminated by agreement of the Cities or any two of them.
DATED this,S' day of —, 1994.
Interlocal Agreement - Page 1
Page 26 of 159
k
Attest:
J
A. Price, ity Clerk
Approved as to Form:
Will' L. Cameron, Kennewick City Attorney
Attest:
Catherine D. Seaman, Deputy City Clerk
as to
Attest:
Pasco City Attorney
I
IrwnlmJI
Approved as to Form:
kn
Thomas O. Lampson, Richland City Attorney
Interlocal Agreement - Page 2
CITY OF KENNEWICK
L B—Shewalter, Mayor Pro Tem
James R. Beaver
CITY OF PASCO
cRe JC2z
JVelice, MayorI
CITY OF RICHLAND
J . Hansen, Mayor
Page 27 of 159
1
Federal Communications Commission · Consumer and Governmental Affairs Bureau · 45 L Street NE, Washington, DC 20554
1-888-CALL-FCC (1-888-225-5322) · TTY: 1-888-TELL-FCC (1-888-835-5322) · www.fcc.gov/consumer-governmental-affairs-bureau
Regulation of Cable TV Rates
Most rates charged by cable television companies are not regulated by the FCC. Your state-approved
local franchising authority (LFA) – usually a city, county, or other governmental organization – may
regulate the rate your provider can charge for "basic" cable service, but only when your provider is not
faced with effective competition from another cable service provider. However, there is no FCC
requirement for such regulation and very few LFAs continue to regulate cable rates.
Basic tier services and rates
Cable systems are generally required to offer a "basic tier" of programming to all subscribers before
they purchase any additional programming. The basic service tier must include most local broadcast
stations as well as public, educational and government channels required by the franchise agreement
between the LFA and your cable company.
Under limited circumstances, LFAs may review increases in basic service tier rates to verify that they
accurately reflect increases in the cable company's programming or other costs that regulated cable
operators are allowed to pass through to customers.
Rates for premium services
Rates are never regulated by LFAs for any tier of service beyond basic tier services. Your cable
company determines the rates charged for these services, including pay -per-channel programming,
such as premium movie channels, and pay-per-program services, such as pay-per-view sports events.
Your cable company cannot require you to purchase any additional service tier other than the basic
service tier in order to have access to pay-per-view events or premium channels offered on an "a la
carte" or individual basis. Cable companies are not required to – nor prohibited from – offering channels
or programs on an "a la carte" basis.
Additional rules and guidelines for providers
Your LFA can enforce FCC rules and guidelines in the following areas:
•Customer service, including complaints about bills, as well as a cable operator’s response to
inquiries about signal quality or service requests
•Franchise fees paid to the LFA by a cable company for access to public rights of way to offer cable
service
Who to contact with complaints and questions
Contact your cable provider or your LFA regarding customer service, basic service tier rates or
franchise fees. The name of your LFA is printed on your cable bill and in your local telephone book.
Page 28 of 159
2
Federal Communications Commission · Consumer and Governmental Affairs Bureau · 45 L Street NE, Washington, DC 20554
1-888-CALL-FCC (1-888-225-5322) · TTY: 1-888-TELL-FCC (1-888-835-5322) · www.fcc.gov/consumer-governmental-affairs-bureau
Contact your cable company about rates for tiers of service other than the basic service tier and for any
pay-per-channel programming and pay-per-program services. These rates are not subject to
regulation.
In addition, your local and state consumer protection organizations may provide information about your
rights as a cable subscriber.
Filing a complaint
You have multiple options for filing a complaint with the FCC:
•File a complaint online at https://consumercomplaints.fcc.gov
•By phone: 1-888-CALL-FCC (1-888-225-5322); TTY: 1-888-TELL-FCC (1-888-835-5322) ; ASL:
1-844-432-2275
•By mail (please include your name, address, contact information and as much detail about your
complaint as possible):
Federal Communications Commission
Consumer and Governmental Affairs Bureau
Consumer Inquiries and Complaints Division
45 L Street NE
Washington, DC 20554
Alternate formats
To request this article in an alternate format - braille, large print, Word or text document or audio - write
or call us at the address or phone number above, or send an email to fcc504@fcc.gov.
Last Reviewed: 12/09/19
Page 29 of 159
AGENDA REPORT
FOR: City Council March 1, 2022
TO: Dave Zabell, City Manager City Council Regular
Meeting: 3/7/22
FROM: Rick White, Director
Community & Economic Development
SUBJECT: *Q Ordinance - Columbia Basin Health Association RT to C-1 Rezone (Z
2021-018)
I. REFERENCE(S):
Proposed Ordinance
Exhibit A - Hearing Examiner Recommendation
Exhibit B - Map
Report to Hearing Examiner Dated: February 9, 2022
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to adopt Ordinance No. ____, rezoning property located near
the southeast corner of Road 68 and Burns Road from R-T to C-1, and further,
authorize publication by summary only.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
On February 9, 2022, the the Hearing Examiner held a public hearing to consider
a request to rezone a portion of the north half of Section 9, Township 9 North,
Range 29 East, W.M. Records of Franklin County, Washington (Parcel Nos.
116030025 and 116030026), located near the southeast corner of North Road
68 and Burns Road from RT (Residential Transition) to C-1 (Retail Business).
Following the conduct of the public hearing, the Hearing Examiner
recommended approval of the applicant's request for the rezone.
No appeals of this recommendation have been received.
V. DISCUSSION:
Page 30 of 159
Columbia Basin Health Association, has submitted an application to rezone
property located on the southeast corner of Road 68 and Burns Road, from RT
(Residential Transition) to C-1 (Retail Business) in anticipation of locating a
Community Health Center on the 18.74-acre site.
As per Pasco Municipal Code (PMC) Section 25.15.050 a Community Health
Center would fit under the definition of “Community service facilities” of the level
one category, which include hospitals, nonprofit community health clinics, and
related uses which provide similar services.
As per PMC Section 25.200.020(4) a Community Health Center requires review
through the Special Permit process which would be a future land use process
pending approval of this rezone request.
Page 31 of 159
Ordinance – CBHA Rezone (Z 2021-018) - 1
FILED FOR RECORD AT REQUEST OF:
City of Pasco, Washington
WHEN RECORDED RETURN TO:
City of Pasco, Washington
Attn: City Clerk
525 North 3rd Avenue
Pasco, WA 99301
____________________________________________________________________________
ORDINANCE NO. _______
AN ORDINANCE AMENDING THE ZONING CLASSIFICATION OF
CERTAIN REAL PROPERTY LOCATED NEAR THE SOUTHEAST CORNER
OF NORTH ROAD 68 AND BURNS ROAD, PASCO, WASHINGTON FROM
R-T TO C-1.
WHEREAS, Whitney Churchill, representing The Neenan Company, acting on behalf of
petitioner Columbia Basin Health Association, seeks to rezone a portion of the north half of Section
9, Township 9 North, Range 29 East, W.M. Records of Franklin County, Washington (Parcel Nos.
116030025 and 116030026); and
WHEREAS, a complete and adequate petition for change of zoning classification meeting
the requirements of the Pasco Municipal Code (PMC) Section 25.210.030 was received by the
City and, after notice was issued under PMC Section 25.210.040, an open record hearing was
conducted by the Pasco Hearing Examiner upon such petition on February 9, 2022; and
WHEREAS, based upon substantial evidence and demonstration of the Petitioner that: (a)
the proposal is in accord with the goals and policies of the adopted Comprehensive Plan; (b) the
effect of the proposal on the immediate vicinity is not materially detrimental; (c) there is merit and
value in the proposal for the community as a whole; (d) any impacts of the rezone application and
anticipated development are adequately mitigated by the regulations and requirements of the Pasco
Municipal Code and the City of Pasco Design and Constructions Standards; (e) a concomitant
agreement is not required under these circumstances; and (f) the proposed rezone is consistent with
and satisfies all criteria set forth in PMC 25.210.030; the Hearing Examiner has recommended to
approve the rezone, which findings and recommendation are hereby adopted by the City Council
and the Hearing Examiner Report is hereby incorporated by this reference as Exhibit A.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON DO ORDAIN AS FOLLOWS:
Page 32 of 159
Ordinance – CBHA Rezone (Z 2021-018) - 2
Section 1. That the Zoning Ordinance for the City of Pasco, Washington, and the Zoning
Map, accompanying and being part of said Ordinance shall be and hereby is changed from RT
(Residential Transition) to C-1 (Retail Business), for the real property as shown in the Exhibit B
attached hereto and described below:
PARCEL NO. 116 030 025: COMMENCING AT THE NORTHEAST CORNER
OF THE HEREINBEFORE DESCRIBED ‘TRACT X’; THENCE SOUTH
89°40’37” WEST ALONG THE NORTH LINE OF SAID TRACT AND THE
NORTH LINE OF THE HEREINBEFORE DESCRIBED SECTION 4 A
DISTANCE OF 767.56 FEET TO THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID NORTH LINE SOUTH 00°19’23” EAST A
DISTANCE OF 938.12 FEET; THENCE SOUTH 74°58’29” WEST A
DISTANCE OF 627.12 FEET TO THE EASTERLY MARGIN OF ROAD 68
AND THE WEST LINE OF SAID TRACT; THENCE NORTH 15°01’31” WEST
ALONG SAID WEST LINE A DISTANCE OF 350.00 FEET THENCE
LEAVING SAID WEST LINE, NORTH 74°58’29” EAST A DISTANCE OF
292.32 FEET; THENCE NORTH 15°01’31” WEST A DISTANCE OF 707.72
FEET TO THE NORTH LINE OF SAID TRACT AND SAID SECTION 4;
THENCE NORTH 89°40’37” EAST ALONG SAID NORTH LINE A DISTANCE
OF 592.28 FEET TO THE POINT OF BEGINNING AND THE END OF THIS
DESCRIPTION.
CONTAINING 12.79 ACRES MORE OR LESS
And,
PARCEL NO. 116 030 026: COMMENCING AT THE NORTHEAST CORNER
OF THE HEREINBEFORE DESCRIBED ‘TRACT X’; THENCE SOUTH
89°40’37” WEST ALONG THE NORTH LINE OF SAID TRACT AND THE
NORTH LINE OF THE HEREINBEFORE DESCRIBED SECTION 4 A
DISTANCE OF 767.56 FEET; THENCE LEAVING SAID NORTH LINE
SOUTH 00°19’23” EAST A DISTANCE OF 938.12 FEET TO THE TRUE POINT
OF BEGINNING; THENCE CONTINUING SOUTH 00°19’23” EAST A
DISTANCE OF 502.76 FEET TO THE BEGINNING OF A NON‐TANGENT
CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 500.00
FEET, AND FROM WHICH POINT THE CHORD BEARS SOUTH 77°53’08”
WEST A DISTANCE OF 191.47 FEET; THENCE SOUTHWESTERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 22°04’37”
A DISTANCE OF 192.66 FEET; THENCE SOUTH 88°55’26” WEST A
DISTANCE OF 317.67 FEET TO THE EASTERLY MARGIN OF ROAD 68
AND THE WEST LINE OF SAID TRACT; THENCE NORTH 15°01’31” WEST
ALONG SAID WEST LINE A DISTANCE OF 400.00 FEET; THENCE
LEAVING SAID WEST LINE, NORTH 74°58’29” EAST A DISTANCE OF
627.12 FEET TO THE POINT OF BEGINNING AND THE END OF THIS
DESCRIPTION.
Page 33 of 159
Ordinance – CBHA Rezone (Z 2021-018) - 3
CONTAINING 5.95 ACRES MORE OR LESS
Section 2. This Ordinance shall take full force and effect five (5) days after approval,
passage and publications required by law.
PASSED by the City Council of the City of Pasco, Washington, this ___ day of
__________, 2022.
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
Published: _________________________
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ROAD 76TEKOA DR
BURNS RD
ROAD 76ROAD 68 NROAD 68THREE RIVERS DR
BURNS RDCITY LIMITS CITY LIMITS
0 210 420 630 840110
Feet
"Exhibit B"
Item: CBHA Rezone RT to C-1
Applicant: Whitney Churchill
File #: Z 2021-018
Page 44 of 159
ROAD 68SANDIFUR PARKWAYN
5804 Road 90,
Suite H,
Pasco, WA 99301
509.380.5883 TEL
509.380.5885 FAX
EXHIBIT "B"
Page 45 of 159
LINE TABLE
LINE #LENGTH DIRECTION
CURVE TABLE
CURVE #LENGTH RADIUS DELTA CHORD DIRECTION CHORD LENGTH
5804 Road 90,
Suite H,
Pasco, WA 99301
509.380.5883 TEL
509.380.5885 FAX
EXHIBIT "B"
Page 46 of 159
PUBLIC HEARING
City Hall – 525 North Third Avenue – Council Chambers
DATE: WEDNESDAY, 9 February 2022
6:00 PM
1
MASTER FILE #: Z 2021‐018
APPLICANT: Whitney Churchill/The Neenan Company
3325 S. Timberline Rd, Suite 100
Fort Collins, CO 80525
REQUEST: REZONE: Columbia Basin Health Association RT to C‐1
BACKGROUND
1. PROPERTY DESCRIPTION:
Legal: A portion of the north half of Section 9, Township 9 North, Range 29 East defined
as follows:
Parcel 116030025: THE NORTH HALF OF SECTION 9, TOWNSHIP 9 NORTH, RANGE 29 EAST
W.M., RECORDS OF FRANKLIN COUNTY, WASHINGTON LYING EASTERLY OF ROAD 68
EXCEPT THAT PORTION DEEDED TO THE CITY OF PASCO BY DEDICATED DEED RECORDED
JUNE 20, 2008 UNDER AUDITOR'S FILE NO. 1720767 AND MAY 28, 2004 UNDER
AUDITOR'S FILE NO. 1645275. EXCEPT A PARCEL OF LAND LOCATED IN THE NORTHEAST
QUARTER OF THE NORTHEAST QUARTER AND THE SOUTHEAST QUARTER OF THE
NORTHEAST QUARTER, ALL IN SECTION 9 OF TOWNSHIP 9 NORTH OF RANGE 29 EAST OF
THE WILLAMETTE MERIDIAN, FRANKLIN COUNTY, WASHINGTON, BEING DESCRIBED
MORE PARTICULARLY AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID
NORTHEAST QUARTER OF SECTION 9, THENCE SOUTH 89°39'28" WEST ALONG THE
NORTH LINE OF SAID NORTHEAST QUARTER OF SECTION 9 A DISTANCE OF 3.00 FT. TO A
POINT ON THE WEST RIGHT OF WAY LINE OF CONVENTION DRIVE AND THE TRUE POINT
OF BEGINNING; THENCE SOUTH 01°34'31" EAST ALONG SAID WEST LINE OF CONVENTION
DRIVE, BEING PARALLEL TO AND 3.00' WESTERLY OF THE EAST LINE OF THE NORTHEAST
QUARTER OF SECTION 9 A DISTANCE OF 2509.86 FEET TO A POINT ON THE NORTH RIGHT
OF WAY LINE OF SANDIFUR PARKWAY; THENCE ALONG SAID NORTH LINE OF SANDIFUR
PARKWAY AS FOLLOWS: THENCE SOUTH 87°41'06" WEST A DISTANCE OF 147.50 FEET;
THENCE WITH A CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF 336.09', WITH
A RADIUS OF 790.00', WITH A CHORD BEARING OF SOUTH 75°29'50" WEST, WITH A
CHORD LENGTH OF 333.56'; THENCE WITH A REVERSE CURVE TURNING TO THE RIGHT
WITH AN ARC LENGTH OF 330.33', WITH A RADIUS OF 710.04', WITH A CHORD BEARING
OF SOUTH 76°38'14" WEST, WITH A CHORD LENGTH OF 327.36'; THENCE SOUTH 89°
57'53" WEST A DISTANCE OF 47.99 FEET; THENCE NORTH 01°34'31" WEST A DISTANCE OF
2670.08 FEET TO A POINT ON THE NORTH LINE OF THE NORTHEAST QUARTER OF SECTION
9; THENCE NORTH 89°39'28" EAST ALONG SAID NORTH LINE OF SAID NORTHEAST
QUARTER OF SECTION 9 A DISTANCE OF 841.21 FEET TO A POINT ON THE WEST RIGHT OF
Page 47 of 159
2
WAY LINE OF CONVENTION DRIVE, WHICH IS THE TRUE POINT OF BEGINNING. AND
EXCEPT THAT PORTION LYING SOUTHERLY OF SANDIFUR PARKWAY. ALSO EXCEPT THAT
PORTION DESCRIBED AS BINDING SITE PLAN 2019‐02, RECORDED IN VOLUME 1 OF
BINDING SITE PLANS, AT PAGE 239, UNDER AUDITOR’S FILE NUMBER 1894875, RECORDS
OF FRANKLIN COUNTY, WASHINGTON. SEGREGATION AREA 2: COMMENCING AT THE
NORTHEAST CORNER OF THE HEREINBEFORE DESCRIBED ‘TRACT X’; THENCE SOUTH
89°40’37” WEST ALONG THE NORTH LINE OF SAID TRACT AND THE NORTH LINE OF THE
HEREINBEFORE DESCRIBED SECTION 4 A DISTANCE OF 767.56 FEET TO THE TRUE POINT
OF BEGINNING; THENCE LEAVING SAID NORTH LINE SOUTH 00°19’23” EAST A DISTANCE
OF 938.12 FEET; THENCE SOUTH 74°58’29” WEST A DISTANCE OF 627.12 FEET TO THE
EASTERLY MARGIN OF ROAD 68 AND THE WEST LINE OF SAID TRACT; THENCE NORTH
15°01’31” WEST ALONG SAID WEST LINE A DISTANCE OF 350.00 FEET THENCE LEAVING
SAID WEST LINE, NORTH 74°58’29” EAST A DISTANCE OF 292.32 FEET; THENCE NORTH
15°01’31” WEST A DISTANCE OF 707.72 FEET TO THE NORTH LINE OF SAID TRACT AND
SAID SECTION 4; THENCE NORTH 89°40’37” EAST ALONG SAID NORTH LINE A DISTANCE
OF 592.28 FEET TO THE POINT OF BEGINNING AND THE END OF THIS DESCRIPTION;
together with
Parcel 116030026: THE NORTH HALF OF SECTION 9, TOWNSHIP 9 NORTH, RANGE 29 EAST
W.M., RECORDS OF FRANKLIN COUNTY, WASHINGTON LYING EASTERLY OF ROAD 68
EXCEPT THAT PORTION DEEDED TO THE CITY OF PASCO BY DEDICATED DEED RECORDED
JUNE 20, 2008 UNDER AUDITOR'S FILE NO. 1720767 AND MAY 28, 2004 UNDER
AUDITOR'S FILE NO. 1645275. EXCEPT A PARCEL OF LAND LOCATED IN THE NORTHEAST
QUARTER OF THE NORTHEAST QUARTER AND THE SOUTHEAST QUARTER OF THE
NORTHEAST QUARTER, ALL IN SECTION 9 OF TOWNSHIP 9 NORTH OF RANGE 29 EAST OF
THE WILLAMETTE MERIDIAN, FRANKLIN COUNTY, WASHINGTON, BEING DESCRIBED
MORE PARTICULARLY AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID
NORTHEAST QUARTER OF SECTION 9, THENCE SOUTH 89°39'28" WEST ALONG THE
NORTH LINE OF SAID NORTHEAST QUARTER OF SECTION 9 A DISTANCE OF 3.00 FT. TO A
POINT ON THE WEST RIGHT OF WAY LINE OF CONVENTION DRIVE AND THE TRUE POINT
OF BEGINNING; THENCE SOUTH 01°34'31" EAST ALONG SAID WEST LINE OF CONVENTION
DRIVE, BEING PARALLEL TO AND 3.00' WESTERLY OF THE EAST LINE OF THE NORTHEAST
QUARTER OF SECTION 9 A DISTANCE OF 2509.86 FEET TO A POINT ON THE NORTH RIGHT
OF WAY LINE OF SANDIFUR PARKWAY; THENCE ALONG SAID NORTH LINE OF SANDIFUR
PARKWAY AS FOLLOWS: THENCE SOUTH 87°41'06" WEST A DISTANCE OF 147.50 FEET;
THENCE WITH A CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF 336.09', WITH
A RADIUS OF 790.00', WITH A CHORD BEARING OF SOUTH 75°29'50" WEST, WITH A
CHORD LENGTH OF 333.56'; THENCE WITH A REVERSE CURVE TURNING TO THE RIGHT
WITH AN ARC LENGTH OF 330.33', WITH A RADIUS OF 710.04', WITH A CHORD BEARING
OF SOUTH 76°38'14" WEST, WITH A CHORD LENGTH OF 327.36'; THENCE SOUTH 89°
57'53" WEST A DISTANCE OF 47.99 FEET; THENCE NORTH 01°34'31" WEST A DISTANCE OF
2670.08 FEET TO A POINT ON THE NORTH LINE OF THE NORTHEAST QUARTER OF SECTION
9; THENCE NORTH 89°39'28" EAST ALONG SAID NORTH LINE OF SAID NORTHEAST
QUARTER OF SECTION 9 A DISTANCE OF 841.21 FEET TO A POINT ON THE WEST RIGHT OF
Page 48 of 159
3
WAY LINE OF CONVENTION DRIVE, WHICH IS THE TRUE POINT OF BEGINNING. AND
EXCEPT THAT PORTION LYING SOUTHERLY OF SANDIFUR PARKWAY. ALSO EXCEPT THAT
PORTION DESCRIBED AS BINDING SITE PLAN 2019‐02, RECORDED IN VOLUME 1 OF
BINDING SITE PLANS, AT PAGE 239, UNDER AUDITOR’S FILE NUMBER 1894875, RECORDS
OF FRANKLIN COUNTY, WASHINGTON. SEGREGATION AREA 3: COMMENCING AT THE
NORTHEAST CORNER OF THE HEREINBEFORE DESCRIBED ‘TRACT X’; THENCE SOUTH
89°40’37” WEST ALONG THE NORTH LINE OF SAID TRACT AND THE NORTH LINE OF THE
HEREINBEFORE DESCRIBED SECTION 4 A DISTANCE OF 767.56 FEET; THENCE LEAVING
SAID NORTH LINE SOUTH 00°19’23” EAST A DISTANCE OF 938.12 FEET TO THE TRUE POINT
OF BEGINNING; THENCE CONTINUING SOUTH 00°19’23” EAST A DISTANCE OF 502.76
FEET TO THE BEGINNING OF A NON‐TANGENT CURVE CONCAVE TO THE NORTHWEST
HAVING A RADIUS OF 500.00 FEET, AND FROM WHICH POINT THE CHORD BEARS SOUTH
77°53’08” WEST A DISTANCE OF 191.47 FEET; THENCE SOUTHWESTERLY ALONG THE ARC
OF SAID CURVE THROUGH A CENTRAL ANGLE OF 22°04’37” A DISTANCE OF 192.66 FEET;
THENCE SOUTH 88°55’26” WEST A DISTANCE OF 317.67 FEET TO THE EASTERLY MARGIN
OF ROAD 68 AND THE WEST LINE OF SAID TRACT; THENCE NORTH 15°01’31” WEST ALONG
SAID WEST LINE A DISTANCE OF 400.00 FEET; THENCE LEAVING SAID WEST LINE, NORTH
74°58’29” EAST A DISTANCE OF 627.12 FEET TO THE POINT OF BEGINNING AND THE END
OF THIS DESCRIPTION.
General Location: A parcel situated near the Southeast corner of North Road 68 and Burns
Road, Pasco, Franklin County, WA.
Property Size: 18.74 Acres (816,314.4 Square feet).
2. ACCESS: The site has access from Road 68 and shall have access from Burns Road once it
is extended as part of the development process.
3. UTILITIES: Municipal water and sewer services are located in Road 68.
4. LAND USE AND ZONING: The property is currently zoned RT (Residential Transition). The
site is vacant. Surrounding zoning and land uses are zoned and developed as follows:
North C‐1 & RS‐40 (County) Food Processing
East RT Vacant
South RT Vacant
West C‐1 & R‐4 Commercial, Apartments
5. Comprehensive Plan: The Comprehensive Plan Land Use Map designates the area “Mixed
Residential/Commercial;” the “Mixed Residential/Commercial” designation allows for A
combination of mixed‐use residential and commercial in the same development, Single‐
family dwellings, patio homes, townhouses, apartments and condominiums at a density
of 5 to 29 dwelling units per acre, and neighborhood shopping and specialty centers,
business parks, service and office uses. Allowable zoning for the “Mixed
Residential/Commercial” land use designation includes the R‐1 through R‐4, C‐1 and O,
and Waterfront zones.
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4
6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project.
Based on the State Environmental Policy Act (“SEPA”) checklist, Comprehensive Plan,
applicable regulations, and other information, a threshold determination resulting in a
Determination of Non‐Significance (DNS) was issued on 29 December 2021 for this project
under WAC 197‐11‐158.
ANALYSIS
Request
Whitney Churchill of the Neenan Company, acting on behalf of Columbia Basin Health
Association, has submitted an application to rezone Parcels 116030025 and 116030026, located
on the southeast corner of Road 68 and Burns Road, from RT (Residential Transition) to C‐1 (Retail
Business) in anticipation of locating a Community Health Center on the 18.74‐acre site. As per
Pasco Municipal Code (PMC) 25.15.050 a Community Health Center would fit under the definition
of “Community service facilities” of the level one category, which “include, but are not limited
to, day‐care centers, nursery schools, hospitals, sanitariums, nonprofit community health clinics,
governmental and quasi‐governmental activities, and related uses which provide similar services
for citizens.” As per PMC 25.200.020(4) “Unclassified uses” include Community service facilities,
levels one and two, as defined in PMC 25.15.050; as such, a Community Health Center would be
required to go through the Special Permit process.
Site
The site comprises 18.74 Acres (816,314.4 Square feet) and has frontage access on Road 68, and
shall have frontage along Burns Road once it is dedicated and extended as part of the
development process.
The Comprehensive Plan designates the lot “Mixed Residential/Commercial.” The “Mixed
Residential/Commercial” designation allows for R‐1 through R‐4, C‐1 and O, and Waterfront
zoning and may be developed with Mixed‐use residential and commercial uses. Residential
density may range from 5 to 29 dwelling units per acre in the “Mixed Residential/Commercial”
designated area.
The rezone request is consistent with the Comprehensive Plan Land Use Map designation.
History
The site was annexed into the City in 1981 and assigned RT (Residential Transition) zoning in
conjunction with the annexation (Ordinance #2388). The site has not been rezoned since.
Rezone Criteria
The initial review criteria for considering a rezone application are explained in PMC 25.210.030.
Page 50 of 159
5
The criteria are listed below as follows:
1. The date the existing zone became effective:
The site was assigned RT (Residential Transition) zoning in conjunction with the 1996 annexation.
Zoning for the site has not changed since then.
2. The changed conditions, which are alleged to warrant other or additional zoning:
City Council has recently approved an update to the Comprehensive Plan; The revised Land Use
Element of the approved Plan designates the property “Mixed Residential/Commercial.” The
“Mixed Residential/Commercial” designation allows for R‐1 through R‐4, C‐1 and O, and
Waterfront zoning and may be developed with Mixed‐use residential and commercial uses.
Applicant is requesting C‐1 zoning.
3. Facts to justify the change on the basis of advancing the public health, safety and general
welfare:
The existing RT (Residential Transition) zoning acts as a "holding pattern," pending appropriate
utility and transportation facility development for areas within the Urban Growth Area (UGA).
The rezone application is consistent with the Pasco Comprehensive Plan, which has been
determined to be in the best interest of advancing public health, safety and general welfare of
the community.
4. The effect it will have on the value and character of the adjacent property and the
Comprehensive Plan:
The area consists primarily of agricultural uses surrounded by suburban residential to the east,
commercial to the south and southwest, and high‐density residential to the west. The rezone
application would be consistent with the character of the neighborhood.
5. The effect on the property owner or owners if the request is not granted:
If the property retains the current RT zoning designation the land would likely remain undeveloped
and continue as an urban crop circle.
6. The Comprehensive Plan land use designation for the property
The Land Use Element of the Plan now designates the lot “Mixed Residential/Commercial.” The
“Mixed Residential/Commercial” designation allows for R‐1 through R‐4, C‐1 and O, and
Waterfront zoning and may be developed with Mixed‐use residential and commercial uses.
7. Such other information as the Hearing Examiner requires
The rezone application is consistent with and meets the intent of the Comprehensive Plan, and
City Council.
Right of Way dedication and ROW Improvements will be required at the time of development. As
well, a traffic impact analysis will likely need to be completed for this development to understand
the impacts the development may have on the existing City infrastructure.
As per Pasco Municipal Code (PMC) 25.15.050 a Community Health Center would fit under the
definition of “Community service facilities” of the level one category, which include hospitals and
Page 51 of 159
6
nonprofit community health clinics. As per PMC 25.200.020(4) “Unclassified uses” include
Community service facilities, levels one and two, as defined in PMC 25.15.050; as such, a
Community Health Center would be required to go through the Special Permit process.
STAFF FINDINGS OF FACT
Findings of fact must be entered from the record. The following are initial findings drawn from
the background and analysis section of the staff report. The Hearing Examiner may add additional
findings to this listing as the result of factual testimony and evidence submitted during the open
record hearing.
1. Public notice of this hearing was sent to property owners within 300 feet of the property
and posted in the Tri‐City Herald on 19 January 2022.
2. Applicant wishes to rezone Parcels 116030025 and 116030026 from RT (Residential
Transition) to C‐1 (Retail Business
3. The site is located on the southeast corner of Road 68 and Burns Road.
4. Applicant anticipates locating a Community Health Center on the site.
5. The site comprises 18.74 Acres (816,314.4 Square feet)
6. The Site has frontage access on Road 68.
7. The Comprehensive Plan designates the lot “Mixed Residential/Commercial.”
8. The “Mixed Residential/Commercial” designation allows for R‐1 through R‐4, C‐1 and O,
and Waterfront zoning.
9. The “Mixed Residential/Commercial” designation may be developed with Mixed‐use
residential and commercial uses.
10. Residential density may range from 5 to 29 dwelling units per acre in the “Mixed
Residential/Commercial” designated area.
11. The rezone request is consistent with the Comprehensive Plan Land Use Map designation.
12. The site was annexed into the City in 1981 and assigned RT (Residential Transition) zoning.
13. The site has not been rezoned since.
14. The existing RT (Residential Transition) zoning acts as a "holding pattern," pending
appropriate utility and transportation facility development for areas within the Urban
Growth Area (UGA).
15. Right of Way dedication and ROW Improvements will be required at the time of
development.
16. A traffic impact analysis will likely need to be completed for this development to
understand the impacts the development may have on the existing City infrastructure.
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TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT
Before recommending approval or denial of a rezone, the Hearing Examiner must develop
findings of fact from which to draw its conclusions based upon the criteria listed in PMC
25.210.060. The criteria are as follows:
1. The proposal is in accordance with the goals and policies of the Comprehensive Plan.
The “Mixed Residential/Commercial” designation allows for R‐1 through R‐4, C‐1 and O, and
Waterfront zoning and may be developed with Mixed‐use residential and commercial uses.
The proposal also aligns with the following Comprehensive Plan Goals and Policies:
Goal LU‐1: take deliberate, consistent, and continuous actions to improve the community’s
quality of life.
Policy LU‐1‐C: Encourage conservation design with cluster commercial development and
discourage strip commercial development.
Goal LU‐2: plan for a variety of compatible land uses within the UGA.
Policy LU‐2‐A: Maintain sufficient land designated to accommodate residential, commercial,
industrial, educational, public facility, and open‐space uses proximate to appropriate
transportation and utility infrastructure.
Policy LU‐2‐B: Facilitate planned growth within the City limits and UGA and promote infill
developments in the City limits through periodic review of growth patterns and market demand
within each of the City’s land use designations.
Goal LU‐6: encourage distinctive quality community and regional commercial and industrial
developments that support the city’s overall development goals.
Policy LU‐6‐A: Encourage commercial and higher‐density residential uses along major corridors
and leverage infrastructure availability.
Policy LU‐6‐B: Promote efficient and functional neighborhood level and major commercial
centers to meet community demand.
Goal ED‐2: assure appropriate location and design of commercial and industrial facilities
Policy ED‐2‐B Policy: Encourage development of a wide range of commercial and industrial uses
strategically located near major transportation corridors or facilities and in close proximity to
existing or proposed utility infrastructure while supporting local and regional needs.
Goal ED‐3: maintain development standards and design guidelines to ensure that commercial
and industrial developments are good neighbors.
Policy ED‐3‐A: Enhance compatibility of commercial and industrial development with residential
and mixed‐use neighborhoods with appropriate landscaping, screening, building and design
standards.
2. The effect of the proposal on the immediate vicinity will not be materially detrimental.
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8
The application for rezone is consistent with the Comprehensive Plan Land Use Element.
Surrounding uses include agricultural processing to the north, low‐density residential to the east,
commercial to the south and southwest, and high‐density residential to the west across Road 68.
Applicant anticipates locating a Community Health Facility on the site.
3. There is merit and value in the proposal for the community as a whole.
The proposed rezone application is consistent with the Comprehensive Plan Land Use Map and
the Goals and Policies as adopted by the Pasco City Council (Ordinance 4537)
The Comprehensive Plan has recently been updated for the area and now designates the lot
“Mixed Residential/Commercial.”
The “Mixed Residential/Commercial” designation allows for R‐1 through R‐4, C‐1 and O, and
Waterfront zoning and may be developed with Mixed‐use residential and commercial uses.
4. Conditions should be imposed in order to mitigate any significant adverse impacts from
the proposal.
The rezone application and anticipated project are subject to the regulations and requirements
of the Pasco Municipal Code and the City of Pasco Design and Construction Standards.
5. A Concomitant Agreement should be entered into between the City and the petitioner,
and if so, the terms and conditions of such an agreement.
A concomitant agreement would not be required in this circumstance.
RECOMMENDATION
Staff recommends based on the Findings of Fact and Conclusions that Parcels 116030025 and
116030026, situated on the southeast corner of Road 68 and Burns Road in Pasco, WA, be
rezoned from RT (Residential Transition) to C‐1 (Retail Business).
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SANDIFUR PKWY
C
O
L
U
M
B
I
A
R
I
V
E
RRD
ROAD 68NROAD68TOI182RAMP W
BURNS RD ROAD 68 NBURDEN BLVD
I-182W
W I 1 82
T
ORO
A
D68RAMP
DENT RD
I-182
E
CLARK RD
CITY LIMITS
CITY LIMITS
Benton County WA, Pasco GIS, Maxar
0 1,000 2,000 3,000 4,000500
Feet
0 1,000 2,000 3,000 4,000500
Feet
Overview
Map
Item: CBHA Rezone RT to C-1
Applicant: Whitney Churchill
File #: Z 2021-018
Page 55 of 159
ROAD 76TEKOA DR
BURNS RD
ROAD 76ROAD 68 NROAD 68THREE RIVERS DR
BURNS RDCITY LIMITS CITY LIMITS
0 210 420 630 840110
Feet
0 210 420 630 840110
Feet
Vicinity
Map
Item: CBHA Rezone RT to C-1
Applicant: Whitney Churchill
File #: Z 2021-018
Page 56 of 159
SFDUs
SFDUs
SFDUs
Multiunits
SFDU
other
SFDU other
Commercial Commecial Services
Food
Processing
Agriculture
Vacant
Vacant
Vacant
VacantROAD 76TEKOA DR
BURNS RD
ROAD 76ROAD 68 NROAD 68THREE RIVERS DR
BURNS RDCITY LIMITS CITY LIMITS
0 210 420 630 840110
Feet
Land Use
Map
Item: CBHA Rezone RT to C-1
Applicant: Whitney Churchill
File #: Z 2021-018
Page 57 of 159
C-1
R-4
RT
C-1
R-3
R-4
RS-40
(County)C-1 (County)ROAD 76TEKOA DR
BURNS RD
ROAD 76ROAD 68 NROAD 68THREE RIVERS DR
BURNS RDCITY LIMITS CITY LIMITS
0 210 420 630 840110
Feet
Zoning
Map
Item: CBHA Rezone RT to C-1
Applicant: Whitney Churchill
File #: Z 2021-018
Page 58 of 159
Medium Density
Residential
Medium Density
Residential
Mixed
Residential
Commercial
Commercial
Low Density
Residential
Medium Density
Residential
Mixed
Residential
Commercial
Mixed
Residential
Commercial
ROAD 76TEKOA DR
BURNS RD
ROAD 76ROAD 68 NROAD 68THREE RIVERS DR
BURNS RDCITY LIMITS CITY LIMITS
0 210 420 630 840110
Feet
Comp Plan
Map
Item: CBHA Rezone RT to C-1
Applicant: Whitney Churchill
File #: Z 2021-018
Page 59 of 159
ROAD 76TEKOA DR
BURNS RD
ROAD 76ROAD 68 NROAD 68THREE RIVERS DR
BURNS RDCITY LIMITS CITY LIMITS
0 210 420 630 840110
Feet
"Exhibit A"
Item: CBHA Rezone RT to C-1
Applicant: Whitney Churchill
File #: Z 2021-018
Page 60 of 159
Looking North
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Looking Northeast
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Looking East
Page 63 of 159
Looking Southeast
Page 64 of 159
Looking South
Page 65 of 159
Looking Southwest
Page 66 of 159
Looking West
Page 67 of 159
Looking Northwest
Page 68 of 159
I Pa'Sco
Master File #
Community & Economic Development Department
PO Box 293, 525 N 3rd Ave, Pasco, WA 99301
P: 509.545.3441 / F: 509.545.3499
CITY OF PASCO
PETITION FOR ZONE CHANGE
Date Submitted:
Fee:$825
------------
Applicant Info Owner Info
(if different than applicant)
Name: Name:
Whitney Churchill Columbia Basin Health Association
Address: Address:
3325 S. Timberline Rd Suite 100, Fort Collins, CO 1515 E Columbia St, Othello, WA
80525
Phone: Phone:
303-710-1937 509-488-5256
Email: Email:
whitney.churchill@neenan.com nievesg@cbha.org
Projec t Address: northeast corner of Three Rivers Dr and Road 68
Project Parcel Number: 116030025, 116030026
Current Zoning: RT -Residential Transition
Requested Zo ning : C-1 -Retail Business
Describe the nature and effect of the proposed c hange: This change will extend the C-1 zone
across and north along Road 68.
Estimated time frame of development: _2_y_e_a_rs __________________ _
Updated July 2019
Page 69 of 159
What conditions warrant the proposed rezone? The owner of the property would like to build
a clinic on the site. Changing to C-1 would allow the project to be permited as "use by right".
How will the proposed rezone advance the health, safety, and general welfare of the community?
Columbia Basin Health Association proposes to provide a community health center on this site to
serve the healthcare needs of the community.
What effect will the proposed change have on the value and character of adjacent property?
None, property across Road 68 is also zoned C-1
How does the proposed rezone relate to the City's Comprehensive Plan? C-1 is permitted in Mixed
Residential & Commercial
What effect will be realized by the owner(s) if the proposed rezone is not granted? ______ _
The Owner would not be able to provide healthcare services at this location.
NOTE: Provide a variance report giving a list and mailing address of owners of all property within 300
feet of the applicant's property, as shown by a local title company OR payment of $50.00 which shall
be utilized by the City to obtain a current list of property owners of all properties within 300 feet of
the applicant's property.
Page 70 of 159
f 1 Cityof • ii 'f""I Community & Economic Development Department
• 11 ...... a co PO Box 293, 525 N 3'1 Ave, Pasco, WA 99301
�
P: 509.545.3441 / F: 509545.3499
Fee for Rezone Environmental Checklist Radius Notification
□SEPA Checklist
*Notarized Signature o
State of Washington
County of Franklin ss.
□Site map
$700.00
$ 75.00 $ 50.00
$825.00
□Fee of $825
Fee:$825
On this _l__day of 1>.eCU½ber: , �a:1 , before me the undersigned, a Notary Public in and for the State of Washington, duly commissioned an sworn, personally appeared
}J \ � � 2--being duly sworn on his/her oath that he/she has prepared and read the foregoing statements and has acknowledged to me that the recitations contained therein are true, and has signed this instrument as his/her free and voluntary act and deed for the purposes therein mentioned.
SUBSCRIBED AND SWORN to before me this __ day of�
Updated July 2019
No ry Public in and for the State of Washington Residing at D:\1 Jdk , W,P.-My Commission expires tl').., / Jc; J ·J1Vi3r l
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Affidavit of Mailing
In regards to MF# 22021-018
I, Carmen Patrick, hereby confirm that notification was sent by mail on January 19, 2022, to the owners
of the parcels within 300 feet of the proposed site.
The attached Notification List and Notice of Public Hearing are to be used as a reference as to what was
sent and to whom received the notification.
Given under my hand and official signature this 19th day, January of 2022.
Representative's Signature
Page 72 of 159
' ii n City of Community Development Department 11 ._.....1asco PO Box 293, 525 N 3rd Ave, Pasco, WA 99301
P: 509.545.3441 / F: 509.545.3499
NOTICE OF PUBLIC HEARING
(Optional MONS Process)
Si necesita ayuda para entender este aviso o necesita mas informaci6n, por favor !lame al Departamento de
Desarrollo Comunitario y Econ6mico de la Ciudad de Pasco a 509-545-3441.
Proposal: Whitney Churchill, representing The Neenan Company, acting on behalf of Columbia Basin Health
Association, has submitted a rezone application (Z 2021-018) from RT (Residential Transition) to C-1 (Retail Business),
for a portion of the north half of Section 9, Township 9 North, Range 29 East defined as follows:
Parcels 116030025 and 116030026
Said property is situated near the Southeast corner of North Road 68 and Burns Road, Pasco, Franklin County, WA.
The proposal is subject to regulations contained in the Pasco Municipal Code.
Public Comment Period: Written comments must be submitted to the Community Development Department by
5:00 p.m. on 9 February 2022. Only comments received by the referenced date will be included in the public record.
If you have questions on the proposal, contact the Planning Division at (509) 545-3441 or via e-mail to:
adamsj@pasco-wa.gov.
Open Record Hearing: The Hearing Examiner will conduct the open record hearing at 6:00 p.m. on 9 February 2022
in the Council Chambers in Pasco City Hall at 525 N 3rd Avenue in Pasco, Washington. The Hearing Examiner will
consider public testimony concerning the above Rezone application (Z 2021-018) from RT to C-1 at this meeting.
If you wish to participate in the hearing virtually, please register at least 24 hours prior to the meeting at the
following registration link:
www.pasco-wa.gov/pub I iccomment
After registering, you will receive a confirmation email containing information about joining the webinar.
Estimated Date of the Decision: It is estimated that the Hearing Examiner will make a recommendation to City
Council on the Rezone application within ten (10) business days of the close of the public hearing.
Prepared 19 January 2022 by: Jeffrey B. Adams, Associate Planner, PO Box 293 Pasco, WA 99301 (509) 545-3441
Page 73 of 159
Item: CBHA Rezone RT to C-1 "Exhibit A" Applicant: Whitney Churchill
File#: Z 2021-018
BURNS RD
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□
420 630
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Page 74 of 159
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Community Development Department
PO Box 293, 525 N 3 rd Ave, Pasco, WA 99301
P: 509.545.3441 / F: 509.545.3499
DETERMINATION OF NON-SIGNIFICANCE
{Optional DNS Process)
Issuance Date: 29 December 2021
Project Name: Columbia Basin Health Association RT to C-1 Site Development Rezone
Project Number: SEPA 2021-097 / Z 2021-018
Proponent:
Applicant:
Columbia Basin Health Association
1515 E Columbia Street
Othello, WA 99344
The Neenan Company c/o Whitney Churchill
3325 S. Timberline Rd, Suite 100
Fort Collins, CO 80525
Description of Proposal: Rezone (Z 2021-018) of approximately 18.74 acres from RT
(Residential Transition) to C-1 (Retail Business) for Franklin County, Washington Parcels
116030025 and 116030026, in anticipation of a future Community Health Center.
Location of Proposal:
General Location: The southeast corner of Burns Road and Road 68, in Pasco, WA.
Legal:
Parcel 116030025: The north half of Section 9, Township 9 North, Range 29 East W.M.,
Records of Franklin County, Washington lying easterly of Road 68 except that portion
deeded to the City of Pasco by dedicated deed recorded June 20, 2008 under Auditor's
File No. 1720767 and May 28, 2004 under Auditor's File No. 1645275. except a parcel of
land located in the northeast quarter of the northeast quarter and the southeast quarter
of the northeast quarter, all in Section 9 of Township 9 North of Range 29 East of the
Willamette Meridian, Franklin County, Washington, being described more particularly as
follows:
Commencing at the northeast corner of said northeast quarter of Section 9, thence South
89°39'28" West along the north line of said northeast quarter of Section 9 a distance of
3.00 Ft. to a point on the west right of way line of Convention Drive and the True Point of
Beginning; Thence South 01°34'31" East along said west line of Convention Drive, being
parallel to and 3.00' westerly of the east line of the northeast quarter of Section 9 a
distance of 2509.86 feet to a point on the north right of way line of Sandifur Parkway;
thence along said north line of Sandifur Parkway as follows: Thence South 87 °41'06" West
Page 76 of 159
a distance of 147.50 feet; thence with a curve turning to the left with an arc length of
336.09', with a radius of 790.00', with a chord bearing of South 75°29'50" West, with a
chord length of 333.56'; thence with a reverse curve turning to the right with an arc length
of 330.33', with a radius of 710.04', with a chord bearing of South 76°38'14" West, with a
chord length of 327.36'; thence South 89 ° 57'53" West a distance of 47.99 feet; thence
North 01 °34'31" West a distance of 2670.08 feet to a point on the north line of the
northeast quarter of Section 9; Thence North 89°39'28" East along said north line of said
northeast quarter of Section 9 a distance of 841.21 feet to a point on the west right of
way line of Convention Drive, which is the True Point of Beginning. And except that
portion lying southerly of Sandifur Parkway. Also except that portion described as Binding
Site Plan 2019-02, recorded in Volume 1 of Binding Site Plans, at page 239, under Auditor's
File Number 1894875, Records of Franklin County, Washington.
Segregation Area 2: commencing at the northeast corner of the herein before described
'Tract X'; thence South 89°40'37" West along the north line of said Tract and the north
line of the herein before described Section 4 a distance of 767 .56 feet to the True Point of
Beginning; Thence leaving said north line South 00°19'23" East a distance of 938.12 feet;
Thence South 74°58'29" West A Distance Of 627.12 Feet To The Easterly Margin Of Road
68 and the west line of said Tract; thence North 15°01'31" West along said west line a
distance of 350.00 feet thence leaving said west line, North 74°58'29" East a distance of
292.32 feet; thence North 15°01'31" West a distance of 707.72 feet to the north line of
said Tract and said Section 4; Thence North 89 °40'37" East along said north line a distance
of 592.28 feet to the Point of Beginning and the end of this description.
Parcel 116030026: The north half of Section 9, Township 9 North, Range 29 East W.M.,
Records of Franklin County, Washington Lying Easterly of Road 68 except that portion
deeded to the City of Pasco by Dedicated Deed recorded June 20, 2008 under Auditor's
File No. 1720767 and May 28, 2004 Under Auditor's File No. 1645275. Except a parcel of
land located in the northeast quarter of the northeast quarter and the southeast quarter
of the northeast quarter, all in Section 9 of Township 9 North of Range 29 East of the
Willamette Meridian, Franklin County, Washington, being described more particularly as
follows:
Commencing at the northeast corner of said northeast quarter of Section 9, thence South
89 °39'28" West along the north line of said northeast quarter of section 9 a distance of
3.00 ft. to a point on the west right of way line of Convention Drive and the True Point Of
Beginning; thence South 01°34'31" East along said west line of Convention Drive, being
parallel to and 3.00' westerly of the east line of the northeast quarter of Section 9 a
distance of 2509.86 feet to a point on the north right of way line of Sandifur Parkway;
thence along said north line of Sandifur Parkway as follows: Thence South 87°41'06" West
a distance of 147.50 feet; thence with a curve turning to the left with an arc length of
336.09', with a radius of 790.00', with a chord bearing of South 75°29'50" West, with a
chord length of 333.56'; thence with a reverse curve turning to the right with an arc length
of 330.33', with a radius of 710.04', with a chord bearing of South 76°38'14" West, with a
chord length of 327.36'; thence South 89 ° 57'53" West a distance of 47.99 feet; thence
North 01°34'31" West a distance of 2670.08 feet to a point on the north line of the
Page 77 of 159
northeast quarter of Section 9; thence North 89°39'28" East along said north line of said
northeast quarter of Section 9 a distance of 841.21 feet to a point on the west right of
way line of Convention Drive, which is the True Point Of Beginning. And except that
portion lying southerly of Sandifur Parkway. Also except that portion described as Binding
Site Plan 2019-02, recorded in Volume 1 of Binding Site Plans, at Page 239, under Auditor's
File Number 1894875, Records Of Franklin County, Washington.
Segregation Area 3: Commencing at the northeast corner of the herein before described
'Tract X'; thence South 89 °40'37" West along the north line of said Tract and the north
line of the hereinbefore described Section 4 a distance of 767 .56 feet; thence leaving Said
north line South 00 °19'23" East a distance of 938.12 feet to the True Point of Beginning;
thence continuing South 00°19'23" East a distance of 502.76 feet to the beginning of a
non-tangent curve concave to the northwest having a radius of 500.00 feet, and from
which point the chord bears South 77°53'08" West a distance of 191.47 feet; thence
southwesterly along the arc of said curve through a central angle of 22°04'37" a distance
of 192.66 feet; thence South 88°55'26" West a distance of 317.67 feet to the easterly
margin of Road 68 and the west line of said Tract; thence North 15°01'31" West along
said west line a distance of 400.00 feet; thence leaving said west line, North 74°58'29"
East a distance of 627.12 feet to the Point Of Beginning and the end of this description.
Likely Mitigation Upon Project Application:
1.A professional archaeological survey of the project area be conducted and a report
be produced prior to ground disturbing activities, meeting DAHP's Standards for
Cultural Resource Reporting.
2.A traffic impact analysis (TIA) by a licensed traffic engineer at the proponent's
expense, analyzing the impacts to the 1-182 Exit 9 interchange.
3.Mitigation to offset the impacts (if any) as identified in the traffic impact analysis.
Lead Agency: City of Pasco
The City of Pasco, acting as lead agency for this proposal, has determined that it does not
have a probable significant adverse impact on the environment. An environmental impact
statement (EIS) is not required under RCW 43.21C.030(2)(c). This decision was made after
review of a completed environmental checklist and other information on file with the lead
agency. This information is available to the public on request. This DNS is issued after
using the optional DNS process in WAC 197-11-355. There is no further comment period
on the DNS. Appeals must be filed within 10 days of this determination.
Responsible Official: V �t
Rick White, Community & Economic Development Director
Address: PO Box 293, Pasco, WA 99301-0293
Phone: (509) 545-3441
Page 78 of 159
Appeals: You may appeal this determination of non-significance by submitting an appeal
to the address below no later than 10 days from issuance. The appeal must be in written
form, contain a concise statement of the matter being appealed and the basic rationale
for the appeal. A fee is required per the City's Fee Resolution. Please note that failure to
file a timely and complete appeal shall constitute a waiver of all rights to an administrative
appeal under City code. All comments or appeals are to be directed to the City of Pasco
Planning Department, PO Box 293, Pasco, WA, 99301, Attn: Rick White.
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AGENDA REPORT
FOR: City Council March 1, 2022
TO: Dave Zabell, City Manager City Council Regular
Meeting: 3/7/22
FROM: Rick White, Director
Community & Economic Development
SUBJECT: *Q Ordinance - Valdez C-1 to R-3 Rezone (Z 2021-019)
I. REFERENCE(S):
Proposed Ordinance
Exhibit A - Hearing Examiner Recommendation
Exhibit B - Map
Report to Hearing Examiner Dated: February 9, 2022
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to adopt Ordinance No. ____, rezoning a parcel located at 523
West Bonneville Street from C-1 to R-3, and further, authorize publication by
summary only.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
On February 9, 2022, the the Hearing Examiner held a public hearing to consider
a request to rezone property near the northeast corner of North 5th Avenue and
West Bonneville Street at 523 West Bonneville Street from C-1 (Retail Business)
to R-3 (Medium-Density Residential).
Following the conduct of the public hearing, the Hearing Examiner
recommended approval of the applicant's request for a rezone.
No appeals of this recommendation have been received.
Page 80 of 159
V. DISCUSSION:
The property contains a home built in 1929 prior to the Commercial zoning in the
area.
Banks most often do not loan against nonconforming residential units in
commercial zoning districts due to Pasco Municipal Code (PMC) 25.170.050(2),
which states: “No building damaged by fire or other causes to the extent of more
than 50 percent of the assessed value of the structure as determined by the
records of the Franklin County Assessor shall be repaired or rebuilt, except
multifamily units . . ..”
The structure is a single-family dwelling unit (SFDU) so it does not qualify. The
lending bank has requested the applicants petition the city for the rezone
request.
The parcel to the east was rezoned from C-1 to R-1 in 2019 (Ordinance No.
4450).
The Comprehensive Plan Land Use Map designation for the area was changed
from “Commercial” to “Mixed Residential” in 2004, and recently to “Medium -
Density Residential” with the most recent Comprehensive Plan update.
The proposed rezone is in conformance with the Comprehe nsive Plan.
Page 81 of 159
Ordinance –Kennedy/Valdez Rezone (Z 2021-019) - 1
FILED FOR RECORD AT REQUEST OF:
City of Pasco, Washington
WHEN RECORDED RETURN TO:
City of Pasco, Washington
Attn: City Clerk
525 North 3rd Avenue
Pasco, WA 99301
____________________________________________________________________________
ORDINANCE NO. _______
AN ORDINANCE AMENDING THE ZONING CLASSIFICATION OF
CERTAIN REAL PROPERTY LOCATED APPROXIMATELY 110 FEET EAST
OF THE NORTHEAST CORNER OF NORTH 5TH AVENUE AND WEST
BONNEVILLE STREET IN PASCO, WASHINGTON FROM C-1 TO R-3.
WHEREAS, Applicant John Kennedy seeks to rezone Lots 20 to 22, Block 8, Gerry’s
Addition to Pasco, Section 29, Township 9 North, Range 30 East, WM (523 West Bonneville
Street; Parcel 112053242) in Pasco, Franklin County Washington; and
WHEREAS, a complete and adequate petition for change of zoning classification meeting
the requirements of the Pasco Municipal Code (PMC) Section 25.210.030 was received by the
City and, after notice was issued under PMC Section 25.210.040, an open record hearing was
conducted by the Pasco Hearing Examiner upon such petition on February 9, 2022; and
WHEREAS, based upon substantial evidence and demonstration of the Petitioner that: (a)
the proposal is in accord with the goals and policies of the adopted Comprehensive Plan; (b) the
effect of the proposal on the immediate vicinity is not materially detrimental; (c) there is merit and
value in the proposal for the community as a whole; (d) any impacts of the rezone application and
anticipated development will be mitigated by the regulations and requirements of the Pasco
Municipal Code and the City of Pasco Design and Constructions Standards; (e) a concomitant
agreement is not required under these circumstances; and (f) the proposal is consistent with and
satisfies all criteria in PMC Section 25.210.060; the Hearing Examiner has recommended to
approve the rezone, which findings and recommendation are hereby adopted by the City Council,
and the Hearing Examiner Report is hereby incorporated by reference as Exhibit A.
Page 82 of 159
Ordinance –Kennedy/Valdez Rezone (Z 2021-019) - 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. That the Zoning Ordinance for the City of Pasco, Washington, and the Zoning
Map, accompanying and being part of said Ordinance shall be and hereby is changed from C-1
(Retail Business District) to R-3 (Medium-Density Residential), for the real property as shown in
the Exhibit B attached hereto and described as follows:
Lots 20 to 22, Block 8, Gerry’s Addition. Located in Section 29, Township 9 North,
Range 30 East, W.M. (Parcel No. 112053242).
Section 2. This Ordinance shall take full force and effect five (5) days after approval,
passage and publications required by law.
PASSED by the City Council of the City of Pasco, Washington, this ___ day of
__________, 2022.
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
Published: _________________________
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N 5TH A
V
E W BONNEVILLE STW SHOSHONE STN 4TH AVE
0 70 140 210 28035Feet"Exhibit B"Item: Valdez Rezone - C-1 to R-3Applicant: John KennedyFile #: Z 2021-019Page 91 of 159
PUBLIC HEARING
City Hall – 525 North Third Avenue – Council Chambers
DATE: WEDNESDAY, 9 February 2022
6:00 PM
1
MASTER FILE #: Z 2021‐019
APPLICANT: John Kennedy
3425 E A Street K‐103
Pasco, WA 99301
REQUEST: REZONE: Valdez C‐1 to R‐3
BACKGROUND
1. PROPERTY DESCRIPTION:
Legal: Lots 20 to 22, Block 8, Gerry’s Addition, located in Section 29, Township 9 North,
Range 30 East, W.M., Records of Franklin County, Washington (Parcel 112053242).
General Location: 523 West Bonneville Street; located near the northeast corner of West
Bonneville Street and North 5th Avenue in Pasco, WA.
Property Size: .24 Acres (10,499.62 Square feet).
2. ACCESS: The parcel has access from West Bonneville Street.
3. UTILITIES: Municipal water is located in West Bonneville Street; Sewer service is in the
alley behind.
4. LAND USE AND ZONING: The property is currently zoned C‐1 (Retail Business). The site
is developed with a Single‐Family Dwelling Unit (SFDU). Surrounding properties are zoned
and developed as follows:
North R‐4 SFDUs and Multi‐Family
East C‐1 Multi‐Family
South C‐1 SFDUs and Multi‐Family
West R‐1 Church
5. Comprehensive Plan: The Comprehensive Plan Land Use Map designates the area
“Medium‐Density Residential;” the “Medium‐Density Residential” designation allows for
Single family residential development at a density of 6 to 20 dwelling units per acre.
Allowable zoning for the “Medium‐Density Residential” land use designation includes the
R‐2 through R‐4 and RP zones.
6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project.
Based on the State Environmental Policy Act (“SEPA”) checklist, Comprehensive Plan,
applicable regulations, and other information, a threshold determination resulting in a
Determination of Non‐Significance (DNS) was issued on 19 January 2022 for this project
under WAC 197‐11‐158.
Page 92 of 159
2
ANALYSIS
Request
John Kennedy, has submitted an application to rezone Parcel 112053242, located along the north
side of West Bonneville Street, from C‐1 (Retail Business) to R‐3 (Medium‐Density Residential).
Site
The site comprises .24 Acres (10,499.62 square feet) and has frontage access on West Bonneville
Street.
The Comprehensive Plan designates the lot “Medium‐Density Residential.” The “Medium‐Density
Residential” designation allows for R‐2 through R‐4 and RP zoning and may be developed with
single‐family dwellings, patio homes, townhouses, apartments, and condominiums.
Residential density may range from 6 to 20 dwelling units per acre in the “Medium‐Density
Residential” designated area.
The rezone request is consistent with the Comprehensive Plan Land Use Map designation.
History
The site was incorporated into the City of Pasco in 1910 (Ordinance #1). The home on the site
was built in 1929. The site was zoned C‐1 (Commercial District) in 1938 (Ordinance #435), and
rezoned to C‐2 at some undetermined time, and from C‐2 back to C‐1 in 1974 (Ordinance 1630)
The site has not been rezoned since.
In support of their petition, Applicant has noted the following:
“Parcel# 112053242 is currently a residential property. This parcel as well as the adjacent parcels
are residential; some are multi‐family parcels. This parcel being a residential property is currently
zoned as C‐1. Being a C‐1 zoned parcel impedes the sale of the home for residential purposes. R‐
3 rezoning enables the property to be sold as a residential home. Rezoning the parcel to R‐3
complies with City of Pasco's Comprehensive Plan.”
Rezone Criteria
The initial review criteria for considering a rezone application are explained in PMC 25.210.030.
The criteria are listed below as follows:
1. The date the existing zone became effective:
The site was zoned C‐1 (Commercial District) in 1938 (Ordinance #435) and rezoned to C‐2 at some
undetermined time; the site was then rezoned from C‐2 back to C‐1 in 1974 (Ordinance #1630).
The site has not been rezoned since.
2. The changed conditions, which are alleged to warrant other or additional zoning:
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3
The home was built in 1929, prior to the Commercial zoning being implemented in the area. Banks
do not loan against residential units in commercial zoning districts due to Pasco Municipal Code
(PMC) 25.170.050(2), which states: “No building damaged by fire or other causes to the extent of
more than 50 percent of the assessed value of the structure as determined by the records of the
Franklin County Assessor shall be repaired or rebuilt, except multifamily units . . ..” The structure
is a single‐family dwelling unit (SFDU).
Applicant has made an offer on the house but cannot secure financing for the purchase. According
to Applicant, “The current C‐1 zoning makes it impossible for a home buyer to get a home loan,
due to its current zoning status. Therefore rezoning to R‐3 will enable the parcel to be sold as a
residential property and a bank to issue a home loan.”
The Comprehensive Plan Land Use Map designation for the area was changed from “Commercial”
to “Mixed Residential” in 2004, and to “Medium‐Density Residential” with the most recent
Comprehensive Plan update.
As well, the parcel to the east was rezoned from C‐1 to R‐1 in 2019 (Ordinance # 4450).
3. Facts to justify the change on the basis of advancing the public health, safety and general
welfare:
Applicant has submitted the following:
“The current state of the property requires major renovation in order for this property to be move‐
in ready. Current C‐1 zoning will not allow to update, renovate and restore this beautiful 1929
house. Rezoning and renovating the house will help alleviate some the City's pressing housing
needs.”
The rezone application is consistent with the Pasco Comprehensive Plan, which has been
determined to be in the best interest of advancing public health, safety and general welfare of
the community.
4. The effect it will have on the value and character of the adjacent property and the
Comprehensive Plan:
The area consists primarily of fully developed lots with a mix of SFDUs, Multi‐Family, commercial,
and church uses. Rezoning the property to R‐3 would allow a nonconforming use, which was
legally established in 1929 and became nonconforming in 1938 with the establishment of the
zoning code, to become conforming, and allow prospective purchasers to obtain bank financing.
5. The effect on the property owner or owners if the request is not granted:
As per Applicant, “This house has been in the market since 2020, has had over the months multiple
accepted offers for residential purposes; however current C‐1 zoning has hindered the completion
of the sale of the property. Property has been vacant since it went on the market it will remain
vacant until it sells.”
6. The Comprehensive Plan land use designation for the property
The Land Use Element of the Plan now designates the lot “Medium‐Density Residential.” The
“Medium‐Density Residential” designation allows for R‐2 through R‐4 and RP zoning and may be
Page 94 of 159
4
developed with single‐family dwellings, patio homes, townhouses, apartments, and
condominiums.
7. Such other information as the Hearing Examiner requires
The rezone application is consistent with and meets the intent of the Comprehensive Plan, and
City Council Goals on housing.
STAFF FINDINGS OF FACT
Findings of fact must be entered from the record. The following are initial findings drawn from
the background and analysis section of the staff report. The Hearing Examiner may add additional
findings to this listing as the result of factual testimony and evidence submitted during the open
record hearing.
1. Public notice of this hearing was sent to property owners within 300 feet of the property
and posted in the Tri‐City Herald on 21 January 2022.
2. Applicant wishes to rezone Parcel 112053242, from C‐1 (Retail Business) to R‐3 (Medium‐
Density Residential).
3. Site is located along the north side of West Bonneville Street.
4. The site comprises .24 Acres (10,499.62 square feet)
5. The site has frontage access on West Bonneville Street.
6. The Comprehensive Plan designates the lot “Medium‐Density Residential.”
7. The “Medium‐Density Residential” designation allows for R‐2 through R‐4 and RP zoning
8. The “Medium‐Density Residential” designation may be developed with single‐family
dwellings, patio homes, townhouses, apartments, and condominiums.
9. Residential density may range from 6 to 20 dwelling units per acre in the “Medium‐
Density Residential” designated area.
10. The rezone request is consistent with the Comprehensive Plan Land Use Map designation.
11. The site was incorporated into the City of Pasco in 1910 (Ordinance #1).
12. The site was zoned C‐1 in 1938.
13. The site was rezoned to C‐2 at some undetermined time between 1938 and 1974
14. The site was rezoned from C‐2 to C‐1 in 1974.
15. The site has not been rezoned since 1974.
16. The home was built in 1929.
17. The home was built prior to the Commercial zoning being implemented in the area.
18. Banks do not loan against residential units in commercial zoning districts in Pasco
19. PMC 25.170.050(2) prohibits the rebuilding of SFDUs in commercial zoning districts.
20. The Comprehensive Plan Land Use Map designation for the area was changed from
“Commercial” to “Mixed Residential” in 2004.
21. The Comprehensive Plan Land Use Map designation for the area was recently changed
from “Mixed Residential” to “Medium‐Density Residential.”
22. The parcel to the east was rezoned from C‐1 to R‐1 in 2019.
23. According to Applicant, the house has been in the market since 2020.
24. According to Applicant, the house has had multiple accepted offers.
Page 95 of 159
5
25. According to Applicant, current C‐1 zoning has hindered the completion of the sale of the
property.
26. According to Applicant the property has been vacant since it went on the market.
TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT
Before recommending approval or denial of a rezone, the Hearing Examiner must develop
findings of fact from which to draw its conclusions based upon the criteria listed in PMC
25.210.060. The criteria are as follows:
1. The proposal is in accordance with the goals and policies of the Comprehensive Plan.
The “Medium‐Density Residential” designation allows for R‐2 through R‐4 and RP zoning and may
be developed with single‐family dwellings, patio homes, townhouses, apartments, and
condominiums.
Residential density may range from 6 to 20 dwelling units per acre in the “Medium‐Density
Residential” designated area.
The proposal also aligns with the following Comprehensive Plan Goals and Policies:
Land Use Goal LU‐5: maintain a broad range of residential land use designations to accommodate
a variety of lifestyles and housing opportunities
Land Use Policy LU‐5‐A: Allow a variety of residential densities throughout the UGA
The proposed rezone would help to provide a variety of residential densities by providing
an area of small lot single family residential development.
Land Use Policy LU‐5‐B: Encourage higher residential densities within and adjacent to
major travel corridors, Downtown (Central Business District), and Broadmoor
R‐2 through R‐4 and RP zoning would provide for higher density zoning Downtown
(adjacent the Central Business District).
Housing Goal H‐1: Encourage housing for all economic segments of the city’s population
consistent with the local and regional market.
Housing Policy H‐1‐A: Allow for a full range of housing including single family homes,
townhouses, condominiums, apartments, manufactured housing, accessory dwelling
units, zero‐lot‐line, planned unit developments, etc.
2. The effect of the proposal on the immediate vicinity will not be materially detrimental.
The Land Use Element of the Comprehensive Plan designates the lot “Medium‐Density
Residential.”
Medium‐Density Residential development of the site would be compatible with the type and
density anticipated under the Pasco Comprehensive Plan.
The “Medium‐Density Residential” designation allows for R‐2 through R‐4 and RP zoning and may
Page 96 of 159
6
be developed with single‐family dwellings, patio homes, townhouses, apartments, and
condominiums.
The application for rezone is consistent with the Comprehensive Plan Land Use Element and
meets the intent of the Goals and Policies for the property. The proposal will not be materially
detrimental to the immediate vicinity.
3. There is merit and value in the proposal for the community as a whole.
The proposed rezone application is consistent with the Comprehensive Plan Land Use Map and
the Goals and Policies as adopted by the Pasco City Council (Ordinance 4537)
The Comprehensive Plan designates the lot “Medium‐Density Residential.”
The “Medium‐Density Residential” designation allows for R‐2 through R‐4 and RP zoning and may
be developed with single‐family dwellings, patio homes, townhouses, apartments, and
condominiums.
Further, a rezone of the property will relieve its non‐conforming status and allow for legal
residence. The proposal is supported by land use goals and policies contained in the
Comprehensive Plan.
4. Conditions should be imposed in order to mitigate any significant adverse impacts from
the proposal.
The rezone application and anticipated project are subject to the regulations and requirements
of the Pasco Municipal Code and the City of Pasco Design and Construction Standards.
5. A Concomitant Agreement should be entered into between the City and the petitioner,
and if so, the terms and conditions of such an agreement.
A concomitant agreement would not be required in this circumstance.
RECOMMENDATION
Staff recommends based on the Findings of Fact and Conclusions that Lots 20 to 22, Block 8,
Gerry’s Addition, located in Section 29, Township 9 North, Range 30 East, W.M. (Parcel
112053242) located at 523 West Bonneville Street in Pasco, Franklin County, Washington, be
rezoned from C‐1 (Retail Business) to R‐3 (Medium‐Density Residential).
Page 97 of 159
S 6TH
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0 350 700 1,100 1,400180
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Overview
Map
Item: Valdez Rezone - C-1 to R-3
Applicant: John Kennedy
File #: Z 2021-019
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N 5TH
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Vicinity
Map
Item: Valdez Rezone - C-1 to R-3
Applicant: John Kennedy
File #: Z 2021-019
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SFDUs
SFDUs
SFDUs
SFDUs
SFDUs
SFDUs
SFDUs
SFDUs
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2-4 Units
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2-4 Units
Multiunits
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46 - Transportation
- Auto Parking
46 - Transportation
- Auto Parking
Commercial
Retail
Commercial
Grocery
Commercial
Commecial
ServicesOffice
Office
71 -
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assembly
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Land Use
Map
Item: Valdez Rezone - C-1 to R-3
Applicant: John Kennedy
File #: Z 2021-019
Page 100 of 159
C-1
C-1
C-1
R-1
R-3
R-3
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Zoning
Map
Item: Valdez Rezone - C-1 to R-3
Applicant: John Kennedy
File #: Z 2021-019
Page 101 of 159
Medium Density
Residential
Low Density
Residential N 5TH
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Comp Plan
Map
Item: Valdez Rezone - C-1 to R-3
Applicant: John Kennedy
File #: Z 2021-019
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N 5TH
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"Exhibit A"
Item: Valdez Rezone - C-1 to R-3
Applicant: John Kennedy
File #: Z 2021-019
Page 103 of 159
Looking North
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Looking Northeast
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Looking East
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Looking Southeast
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Looking South
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Looking Southwest
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Looking West
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Looking Northwest
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Site
Page 112 of 159
, Cit:V Pasco
Master Fi le # ------
Applicant Info
Name:
John Kennedy
Address:
Community & Economic Development Department
PO Box 293, 525 N 3rd Ave, Pasco, WA 99301
P: 509.545.3441/ F: 509.545.3499
CITY OF PASCO
PETITION FOR ZONE CHANGE
Date Submitted:
Owner Info
Fee:$825
------
(if different than applicant)
Name:
Leandro Valdez
Address:
3425 E A Street K103, Pasco WA 99301 523 W Bonneville Street, Pasco, WA 99301
Phone: Phone:
(317)258-8796
Email: Email:
johnkennedy8586@gmail.com
Project Address: 523 W Bonneville Street, Pasco WA 99301
Project Parcel Number: _1_1 _20_53 _2_4 _2 ______________________ _
Current Zoning: _C_1 ____________________________ _
Requested Zoning:_R_3 ___________________________ _
Describe the nature and effect of the proposed change: Parcel#112053242 is currently a residential
property. This parcel as well as the adjacent parcels are residential, some are multifamily parcels.
This parcel being a residential property is currently zoned as C1. Being a C1 zoned parcel impedes
the sale of the home for residential purposes. R3 rezoning enables the property to be sold as a
residential home. Rezoning the parcel to R3 complies with City of Pasco's Comprehensive Plan
Estimated time frame of development: We have requested the rezoning to take effect by the end
of February.
Updated July 2019
Page 113 of 159
What conditions warrant the proposed rezone? The current C1 zoning makes it impossible for a
home buyer to get a home loan, due to its current zoning status. Therefore rezoning to R3 will
enable the parcel to be sold as a residential property and a bank to issue a home loan.
How will the proposed rezone advance the health, safety, and general welfare of the community?
The current state of the proper ty requires major renovation in or der for this property to be move in
ready. Current C1 zoning will not allow to update, renovate and restore this beautiful 1929 house.
Rezoning and renovating the house will help alleviate some the City's pressing housing needs.
What effect will the proposed change have on the value an d character of adjacent property?
Rezoning a C1 zoned house to what should be R3 parcel will have no negative impact to the value
and character of adjacent properties.
How does the proposed rezone relate to the City's Comprehensive Plan? The dwelling at 523 W
BONNEVILLE ST (Parcel # 112053242) has a Comprehensive Plan Land Use Medium Density
Residential. Therefore it will be in conformance with the Pasco Comprehensive Plan.
What effect will be realized by the owner(s) if the proposed rezone is not granted? This house has
been in the market since 2020, has had over the months multiple accepted offers for residential
purposes, however current C1 zoning has hindered the completion of the sale of the pr operty.
Property has been vacant since it went on the market it will remain vacant until it sales.
NOTE: Provide a variance report giving a list and mailing address of owners of all property within 300
feet of the applicant's property, as shown by a local title company OR payment of $50.00 which shall
be utilized by the City to obtain a current list of property owners of all properties within 300 feet of
the app licant's property.
Page 114 of 159
I PSco Community & Economic Development Department
PO Box 293,525 N 3 rd Ave, Pasco, WA 99301
P: 509.545.3441 / F: 509.5453499
Fee for Rezone
Environmental Checklist
Radius Notification
□SEPA Checklist
State of Washington )
County of Franklin )
ss.
C Site map
$700.00
$ 75.00 $ 50.00
$825.00
C Fee of $825
Fee:$825
duly commissioned an sworn, personally appeared
___ =....a... _________ .......... __.______. .......... ____ being duly sworn �/her oath th0/she has prepared
and read the foregoing statements and has acknowledged to me that the recitations contained
therein are true, and has signed this instrument as his/her free and voluntary act and deed for the
purposes therein mentioned.
SUBSCRIBED AN D SWORN to before me thi�day of � b::( , 2ll2}
Updated July 2019
Notary Public i and for the State of Washington
Residing at P�(j:)
My Commis-si ...... o .... n __ e._.x __ p-ir_e __ lU_n_l_i_02_2 __ _
Page 115 of 159
PclSco Community & Economic Development Department
PO Box 293, 525 N 3rd Ave, Pasco, WA 99301
P: 509.545.3441/ F: 509.545.3499
Fee:$825
CITY OF PASCO
PETITION FOR ZONE CHANGE
INITIATION OF AMENDMENTS: Zoning Map:
1.Any person, firm, corporation, group of individuals, or municipal department may petition
for a zone change with the following exceptions:
i.If the person, firm, corporation or group of individuals does not have legal
ownership of the parcel of land under consideration for rezoning, the petition
shall not be accepted. All petitions submitted must contain the notarized
signature of the legal owner of the pro perty. The legal owner is considered to be
the owner of record.
ii.A person, firm, corporation of group of individuals may not submit, in any one
year, more than one petition requesting a zone change from the property's
present zone to another particular zone for the same parcel of land, provided,
within the one year period, a person, firm, corporation or group of individuals
may submit another petition requesting a zone change from the property's
present zone to a zone other than the zone previously requested in the earlier
petition.
2.The City Council, upon its own motion, may request the Planning Commission hold an open
record hearing on the reclassification of a parcel or parcels of property.
3.The Planning Commission may initiate an open record hearing on the reclassification of a
parcel or parcels of property.
CONFLICT WITH COMPREHENSIVE PL AN: In the event any proposed amendment, supplement,
change to or repeal of Chapters 25.04 through 25.88 is in conflict with the Comprehensive Plan, said
amendment or change shall not be entertained until and if the comprehensive plan is amended.
REQUIREMENTS:
1.Fee of $825 ($700 application fee+ $75 SEPA fee+ $50 radius notification fee)
2.Completed SEPA form
3.The property owner's notarized signature acknowledging the application
PUBLIC HEARING: After completion of an open record hearing on a petition for reclassification of the
property, the Hearing Examiner shall make and enter findings from the records and conclusions
thereof which support its recommendation and find whether or not:
a.The proposal is in accord with the goals and policies of the comprehensive plan;
b.The effect of the proposal on the immediate vicinity will be materially detrimental;
c.There is merit and value in the proposal for the community as a whole;
Updated July 2019
Page 116 of 159
d.Conditions should be imposed in order to mitigate any significant adverse impacts from the
proposal;
e.A concomitant agreement should be entered into between the City and the petitioner, and
if so, the terms and conditions of such an agreement;
The Hearing Examiner shall render his/her recommendation to approve, approve with modifications
and/or conditions, or reject the petition based on its findings and conclusions. The Hearing Examiner's
recommendation, to include his/her findings and conclusions, shall be forwarded to the City Council
at a regular business meeting thereof.
CITY COUNCIL: Unless a proper and timely appeal is filed or the City Council by majority vote deems
further review is necessary, the recommendation of the Hearing Examiner shall be effected by proper
action of the City Council without further review.
CONCOMITANT AGREEMENT: The City may enter into an agreement with the petitioner whereby the
City will grant the requested zone change conditioned upon the petitioner entering into a covenant
with the City restricting the use and/or development of the subject property. Provisions of the
agreement may relate to any or all of the following aspects of the use of petitioner's property:
a.Setback.
b; Use of building or property.
c.Type of business.
d.Height of building.
e.Size of building.
f.Size of subdivision of property.
g.Density.
h. Landscape.
i.Street, sidewalk and curb improvement and easements and rights-of-way for such.
j.Public utility improvements and easements and rights-of-way for such.
k.Time frame for commencement or completion of the proposed construction or
development. In the event a concomitant agreement includes a specified time frame for the
proposed development, it may further provide that failure to conform to the specified time
frame shall cause the zone change granted therein to revert to the zone existing
immediately prior to said zone change.
Page 117 of 159
Affidavit of Mailing
In reg ards to MF# Z2021-019
I, Carmen Patrick, hereby confirm that notification was sent by mail on January 24, 2022, to the own ers
of the parcels within 300 feet of the proposed site.
The attached Notification List and Notice of Public He aring are to be used as a reference as to what was
sent and to whom received the notification.
Given under my hand and official signature this 24th day, January of 2022.
Representative's Signature
Page 118 of 159
Community Development Department
PO Box 293, 525 N 3rd Ave, Pasco, WA 99301
P: 509.545.3441 / F: 509.545.3499
NOTICE OF PUBLIC HEARING
Si necesita ayuda para entender este aviso o necesita mas informaci6n, por favor llame al Departamento de
Desarrollo Comunitario y Econ6mico de la Ciudad de Pasco a 509-545-3441.
Proposal: John Kennedy, on behalf of Leandro Valdez has submitted a rezone application (Z 2021-019) from C-1
(Retail Business District) to R-3 (Medium-Density Residential) at 523 W Bonneville Street, Pasco, Washington 99301
for Franklin County Parcel No 112053242 described as Lots 20 to 22, Block 8, Gerry's Addition. Located in Section 29,
Township 9 North, Range 30 East, W.M. The site is located on W Bonneville Street, approximately 110 feet east of N
5th Avenue. The proposal is subject to regulations contained in the Pasco Municipal Code.
Public Comment Period: Written comments must be submitted to the Community Development Department by
5:00 p.m. on February 9, 2022. Only comments received by the referenced date will be included in the public record.
If you have questions on the proposal, contact the Planning Division at (509) 545-3441 or via e-mail to:
planning@pasco-wa.gov.
Open Record Hearing: The Hearing Examiner will conduct the open record hearing at 6:00 p.m. on February 9, 2022,
in the Council Chambers in Pasco City Hall at 525 N 3rd Avenue in Pasco, Washington. The Hearing Examiner will
consider public testimony concerning the above Rezone application (Z 2021-019) from RT to R-3 at this meeting.
If you wish to participate in the hearing virtually, please register at least 24 hours prior to the meeting at the
following registration link:
www.pasco-wa.gov/publiccomment
After registering, you will receive a confirmation email containing information about joining the webinar.
Estimated Date of the Decision: It is estimated that the Hearing Examiner will make a recommendation to City
Council on the Rezone application within ten (10) business days of the close of the public hearing.
Prepared January 21. 2022, by: Jacob B. Gonzalez, Planning Manager, PO Box 293 Pasco, WA 99301 (509) 545-3441
Page 119 of 159
o;=-
Page 120 of 159
Page 121 of 159
PRUDENCIO & GRICELDA MARISCAL
522 W SHOSHONE ST
PASCO, WA99301
QUALITY FIRST CONSTRUCTION LLC
217308 E BOWLES RD
KENNEWICK, WA99337
RUBY T SOTO
604 N BEECH AVE
PASCO, WA99301
RUTH ANN POUND
PO BOX B
PASCO, WA 99302
SALVATION ARMY
PO BOX 92 19
SEATTLE, WA98109
TOMMY A& HANNELORE H MOORE
523 W SHOSHONE ST
PASCO, WA 99301
VIRGINIA IRIBARREN VELEZ
37 10 W CANYON LAKES DR APT E10 3
KENNEWICK, WA 99337
Page 122 of 159
Community Development Department
PO Box 293, 525 N 3rd Ave, Pasco, WA 99301
P: 509.545.3441 / F: 509.545.3499
DETERMINATION OF NON-SIGNIFICANCE
(Optional DNS Process)
Issuance Date: 19 January 2022
Project Name: Valdez Rezone; C-1 to R-3
Project Number: SEPA 2022-001 / Z 2021-019
Proponent:
Applicant:
Leandro Valdez
523 W Bonneville Street
Pasco, WA 99301
John Kennedy
3425 E A Street K103
Pasco, WA 99301
Description of Proposal: Rezone a parcel from C-1 (Retail Business) to R-3 (Medium
Density Residential).
Location of Proposal: situated at 523 West Bonneville Street near the northeast corner
of North 5th Avenue and West Bonneville Street in Pasco, WA (Parcel 112053242).
Lead Agency: City of Pasco
The City of Pasco, acting as lead agency for this proposal, has determined that it does not
have a probable significant adverse impact on the environment. An environmental impact
statement (EIS) is not required under RCW 43.21C.030(2)(c). This decision was made after
review of a completed environmental checklist and other information on file with the lead
agency. This information is available to the public on request. This DNS is issued after
using the optional DNS process in WAC 197-11-355. There is no further comment period
on the DNS. Appeals must be filed ithin 10 days of this determination.
Responsible Official: -----,--1:..-=---.......,.-----i.--"""'---------------
Rick White, Community & Economic Development Director
Address: PO Box 293, Pasco, WA 99301-0293
Phone: (509} 545-3441
Appeals: You may appeal this determination of non-significance by submitting an appeal
to the address below no later than 10 days from issuance. The appeal must be in written
Page 123 of 159
form, contain a concise statement of the matter being appealed and the basic rationale
for the appeal. A fee is required per the City's Fee Resolution. Please note that failure to
file a timely and complete appeal shall constitute a waiver of all rights to an administrative
appeal under City code. All comments or appeals are to be directed to the City of Pasco
Planning Department, PO Box 293, Pasco, WA, 99301, Attn: Rick White.
Page 124 of 159
AGENDA REPORT
FOR: City Council March 2, 2022
TO: Dave Zabell, City Manager City Council Regular
Meeting: 3/7/22
FROM: Rick White, Director
Community & Economic Development
SUBJECT: Resolution - Single Room Occupancy (SRO) Housing
I. REFERENCE(S):
Proposed Resolution
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. ___, declaring a moratorium
prohibiting permitting Single Room Occupancy (SRO) Housing and conversion
thereto in the City of Pasco, pending study of impact and best development
practices and policy.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
This is a follow-up to Council discussion and consensus at the February 28,
2022, Council Workshop where a majority of Council favored a moratorium on
conversion or development of additional single room occupancy housing.
The moratorium imposed by this Resolution shall become effective on the date
established and shall continue in effect for an initial period of six (6) months,
unless repealed, extended, or modified by the City Council after a public hearing
and the entry of appropriate findings of fact as required by RCW 35A.63.220.
The Discussion below is taken verbatim from the Council agenda report of
February 28,2022 and is included for background reference.
V. DISCUSSION:
Page 125 of 159
There are a variety of factors that may benefit from evaluation for the
development of SRO housing. These include, but are not limited to:
• Assessment of current development standards
• Study of anti-displacement strategies and protective measures
• Coordination with Visit Tri-Cities, Lodging Tax Advisory Committee, and
housing stakeholders
• Consideration within the Pasco Housing Action and Implementation Plan
and the Tri-Cities Consolidated Plan
havconversions hotel three Pasco in Although separate been e issued
conditional use permits, none of those three have been issued a building permit
for the actual physical conversion, but all are vested under current regulations.
A number of options are present for Council and include:
• Take no further action and let the market dictate the rate and timing of
conversions - recognizing that the City is going through a Housing
Capacity offer will which summer) Plan completion (estimated in
additional insights for consideration:
• Establish a moratorium on the conversion process and reassess after
completion of the Housing Capacity Plan - recognizing that establishing a
moratorium requires a set standard of process and is limited in duration;
and
• Repeal the applicable ordinance establishing the SRO process in the
Pasco Municipal Code.
Page 126 of 159
Resolution - Moratorium – SRO - 1
RESOLUTION NO. ________
A RESOLUTION OF THE CITY OF PASCO,
WASHINGTON, DECLARING A MORATORIUM
PROHIBITING PERMITTING SINGLE ROOM OCCUPANCY
(SRO) HOUSING AND CONVERSION THERETO IN THE
CITY OF PASCO PENDING STUDY OF IMPACTS AND BEST
DEVELOPMENT PRACTICES AND POLICY
WHEREAS, pursuant to Ordinance 4425 passed on February 19, 2019, the City of Pasco
made provision in its code, at 25.162 for siting SRO facilities in its C-1 (Retail Business), C-2
(Central Business District), and C-3 (General Business District); and
WHEREAS, the purpose of Ordinance 4425 was to address non-compliance of certain
public nuisance properties, while also providing for low-income housing for City residents; and
WHEREAS, SROs have historically provided low-income housing to both men and
women dating back to the 19th Century; and
WHEREAS, SROs have also historically been the subject of unfair criticism and
stereotyping concerning their value, particularly in high value commercial districts; and
WHEREAS, the City of Pasco sees the potential for real impact to the City’s homeless
populations, but lacks current information necessary to ensure that best practices in terms of
development and SRO policy are utilized to reach the greatest number of residents; and
WHEREAS, the City has identified appropriate zones in which to locate SROs, but
currently lacks codes, regulations, and policies which could best effectuate the original intent
behind Ordinance 4425; and
WHEREAS, SRO housing policies include a range of broad topics warranting review of
the Department of Housing and Urban Development (HUD) rules and regulations relating to
policy limits, to ensure equal and fair treatment of all SRO residents in the City of Pasco; and
WHEREAS, under RCW 35A.63.220 authorizes the City to adopt a Moratorium with a
public hearing which must be held within sixty (60) days of the date of the adoption of a
Moratorium.,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, hereby resolves as follows:
Section 1. Moratorium Established. A Moratorium is hereby established
suspending the permitting and conversion process for SROs pursuant to Pasco Municipal Code
25.162 to allow for the City to conduct a study on SRO’s impacts and best practices in terms of
development standards and housing policy.
Page 127 of 159
Resolution - Moratorium – SRO - 2
Section 2. Term of Moratorium. The Moratorium shall expire six (6) months from
the date of its authorization by the City Council unless further extended, pursuant to RCW
35A.63.220, by the City Council of the City of Pasco.
Section 3. Public Hearing. A public hearing shall be scheduled for 7:00 p.m., or as
soon thereafter as the matter may be heard, on the 18th day of April, 2022, at the City Council
Chambers of City Hall, where it will hear evidence and consider the comments and testimony of
those wishing to speak at such public hearing regarding the Moratorium.
Section 4. Preliminary Findings.
A. The impacts to the City due to the application of SROs could be significant on the
City’s roads and traffic system;
B. There may also be parking implications that would have impacts on the City;
C. SROs may also affect residential and commercial neighborhoods in the City; and
D. The City needs time to evaluate the impacts and to address them in terms of
potential regulations of SROs.
Section 5. Effective Date. This Resolution and its initial Moratorium shall be in full
force and effect upon its passage and signature below, and the initial period of the Moratorium
shall be for six (6) months, expiring on the 7th day of September, 2022, unless otherwise
terminated or extended.
PASSED by the City Council of the City of Pasco, Washington, this 7th day of March,
2022.
______________________________
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ ______________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
Page 128 of 159
AGENDA REPORT
FOR: City Council February 14, 2022
TO: Dave Zabell, City Manager City Council Regular
Meeting: 3/7/22
FROM: Steve Worley, Director
Public Works
SUBJECT: *Resolutions - Project Acceptances - 1) South Maitland Lift Station; 2) 9th
& Washington Lift Station; 3) West Court Street Overlay (road 32 to road
40); 4) Road 68 Widening - South of I-182
I. REFERENCE(S):
Resolutions
PowerPoint Presentations
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: move to I appro work accepting No._________, Resolution ve
performed by C&E Trenching, LLC. under contract for the South Maitland Lift
Station project.
MOTION: Resolution work accepting approve No._________, move to I
performed by C&E Trenching, LLC. under contract f or the 9th and Washington
Lift Station project.
MOTION: accepting No._________, Resolution approve work move I to
performed by Central Washington Asphalt, Inc. under contract for the West Court
Street Overlay project.
MOTION: work accepting No._________, Resolution to move I approve
performed by Central Washington Asphalt, Inc. under contract for the Road 68
Widening - South of I-182 project.
III. FISCAL IMPACT:
See below.
Page 129 of 159
IV. HISTORY AND FACTS BRIEF:
• South Maitland Lift Station
The project bid was awarded to C&E Trenching, LLC. out of Pasco, WA
on May 4, 2020, in the amount of $111,532.20 by Council action. The
project is complete and constructed per specifications. Final construction
costs were $110,989.20, with savings of $543 due to actual installed
quantities being less than what was originally estimated during design.
• 9th and Washington Lift Station
The project bid was awarded to C&E Trenching, LLC. out of Pasco, WA
on May 4, 2020, in the amount of $526,340.76 by Council ac tion. The
project is complete and constructed per specifications. Final construction
costs were $511,882.33, which includes change orders in the amount of
$778.15.
• West Court Street Overlay (road 32 to road 40)
The project bid was awarded to Central Washington Asphalt, Inc. out of
Benton City, WA on November 2, 2020, in the amount of $390,111.00 by
Council action. The project is complete and constructed per
specifications. Final construction costs were $375,319.98, with savings of
$14,791.02 due to actual installed quantities being less than what was
originally estimated during design.
• Road 68 Widening - South of I-182
The project bid was awarded to Central Washington Asphalt, Inc. out of
Benton City, WA on May 13, 2021, in the amount of $152,236.50 by th e
City Manager. The project is complete and constructed per specifications.
Final construction costs were $146,557.30, with savings of $5,679.20 due
to actual installed quantities being less than what was originally estimated
during design.
Formal acceptance of public works projects are required by State law and start
the 45-day period within which an outside vendor, supplier or laborer would have
an opportunity to file a claim against this project pursuant to RCW 60.28.011(2).
Upon completion of the 45-day lien filing period, retainage being held by the City
may be released upon receipts of the following:
• An affidavit of no liens
• A release from the Department of Revenue that all taxes have been paid
• A release from any claims from the Department of Labor and Industries,
pursuant to RCW 60.28.051
V. DISCUSSION:
Staff recommends the City Council's acceptance of the project's as constructed
by the above listed contractors.
Page 130 of 159
Resolution – South Maitland Lift Station Project Closeout - 1
RESOLUTION NO. ________
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
ACCEPTING WORK PERFORMED BY C&E TRENCHING, LLC., UNDER
CONTRACT FOR PROJECT NO. 15003, SOUTH MAITLAND LIFT STATION
PROJECT.
WHEREAS, the work performed by C&E Trenching, LLC., under contract for the South
Maitland Lift Station project, has been examined by City of Pasco staff and has been found to be
in apparent compliance with the applicable project specifications and drawings; and
WHEREAS, it is the City Staff’s recommendation that the City of Pasco formally accept
the contractor's work and the project as complete.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City Council concurs with the Staff’s recommendation and thereby accepts the
work performed by C&E Trenching, LLC., under contract for the South Maitland Lift Station
project, as being completed in apparent compliance with the project specifications and drawings;
and
Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington
State Department of Revenue of this acceptance; and
Be It Further Resolved, that the final payment of retainage being withheld pursuant to
applicable laws, regulations and administrative determination shall be released upon satisfaction
of same and verification thereof by the Public Works Director and Finance Director.
PASSED by the City Council of the City of Pasco, Washington this ___ day of
_______________, 2022.
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 131 of 159
Resolution – 9th & Washington Lift Station Project Closeout - 1
RESOLUTION NO. ________
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
ACCEPTING WORK PERFORMED BY C&E TRENCHING, LLC., UNDER
CONTRACT FOR PROJECT NO. 16007, 9TH & WASHINGTON LIFT
STATION PROJECT.
WHEREAS, the work performed by C&E Trenching, LLC., under contract for the 9th &
Washington Lift Station project, has been examined by City of Pasco staff and has been found to
be in apparent compliance with the applicable project specifications and drawings; and
WHEREAS, it is the City Staff’s recommendation that the City of Pasco formally accept
the contractor's work and the project as complete.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City Council concurs with the Staff’s recommendation and thereby accepts the
work performed by C&E Trenching, LLC., under contract for the 9th & Washington Lift Station
project, as being completed in apparent compliance with the project specifications and drawings;
and
Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington
State Department of Revenue of this acceptance; and
Be It Further Resolved, that the final payment of retainage being withheld pursuant to
applicable laws, regulations and administrative determination shall be released upon satisfaction
of same and verification thereof by the Public Works Director and Finance Director.
PASSED by the City Council of the City of Pasco, Washington this ___ day of
_______________, 2022.
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 132 of 159
Resolution –West Court Street Overlay Project Closeout - 1
RESOLUTION NO. ________
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
ACCEPTING WORK PERFORMED BY CENTRAL WASHINGTON
ASPHALT, INC., UNDER CONTRACT FOR PROJECT NO. 20102, WEST
COURT STREET OVERLAY PROJECT.
WHEREAS, the work performed by Central Washington Asphalt, Inc., under contract for
the West Court Street Overlay project, has been examined by City of Pasco staff and has been
found to be in apparent compliance with the applicable project specifications and drawings; and
WHEREAS, it is the City Staff’s recommendation that the City of Pasco formally accept
the contractor's work and the project as complete.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City Council concurs with the Staff’s recommendation and thereby accepts the
work performed by Central Washington Asphalt, Inc., under contract for the West Court Street
Overlay project, as being completed in apparent compliance with the project specifications and
drawings; and
Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington
State Department of Revenue of this acceptance; and
Be It Further Resolved, that the final payment of retainage being withheld pursuant to
applicable laws, regulations and administrative determination shall be released upon satisfaction
of same and verification thereof by the Public Works Director and Finance Director.
PASSED by the City Council of the City of Pasco, Washington this ___ day of
_______________, 2022.
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 133 of 159
Resolution – Road 68 Widening – South of I-182 Project Closeout - 1
RESOLUTION NO. ________
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
ACCEPTING WORK PERFORMED BY CENTRAL WASHINGTON
ASPHALT, INC., UNDER CONTRACT FOR PROJECT NO. 20009, ROAD 68
WIDENING – SOUTH OF I-182 PROJECT.
WHEREAS, the work performed by Central Washington Asphalt, Inc., under contract for
the Road 68 Widening – South of I-182 project, has been examined by City of Pasco staff and has
been found to be in apparent compliance with the applicable project specifications and drawings;
and
WHEREAS, it is the City Staff’s recommendation that the City of Pasco formally accept
the contractor's work and the project as complete.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City Council concurs with the Staff’s recommendation and thereby accepts the
work performed by Central Washington Asphalt, Inc., under contract for the Road 68 Widening –
South of I-182 project, as being completed in apparent compliance with the project specifications
and drawings; and
Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington
State Department of Revenue of this acceptance; and
Be It Further Resolved, that the final payment of retainage being withheld pursuant to
applicable laws, regulations and administrative determination shall be released upon satisfaction
of same and verification thereof by the Public Works Director and Finance Director.
PASSED by the City Council of the City of Pasco, Washington this ___ day of
_______________, 2022.
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 134 of 159
Pasco City Council Regular
Meeting
March 7, 2022Page 135 of 159
S Maitland Lift Station
This project included the
installation of a new valve
and pump (pictured).Page 136 of 159
S Maitland Lift Station
Change Order Details
Awarded CN Contact: $ 111,532.20
Total CN Contract: $ 110,989.20
•Savings of $543 due to actual installed quantities being less than what
was originally estimated during design.Page 137 of 159
9th & Washington Lift Station
Before Page 138 of 159
9th & Washington Lift Station
In Progress
Page 139 of 159
9th & Washington Lift Station
In Progress
Page 140 of 159
9th & Washington Lift Station
Completed Page 141 of 159
9th & Washington Lift Station
Change Order Details
Awarded CN Contact: $ 526,340.76
Total CN Contract: $ 511,882.33
Change Order #1: $778.15
•Reinstall 12” plug valves, incl. fence install and
landscape removel, plus cost to modify angle iron and
expand hatch (-$1,719.00)
•Install 6” of gravel in 35 x13 foot area and curb cut
($2,435.53)
Total Change Order Cost: $778.15 (incl. tax)Page 142 of 159
West Court St Overlay
Before Page 143 of 159
West Court St Overlay
In Progress
Page 144 of 159
West Court St Overlay
In Progress
Page 145 of 159
West Court St Overlay
In Progress
Page 146 of 159
West Court St Overlay
(Road 44 to 32nd) -Complete Page 147 of 159
West Court St Overlay
Change Order Details
Awarded CN Contact: $ 390,111.00
Total CN Contract: $ 375,319.98
•Savings of $14,791.02 due to actual installed quantities being
less than what was originally estimated during design.Page 148 of 159
Rd 68 Widening (S of I-182)
Before Page 149 of 159
Rd 68 Widening (S of I-182)
In Progress
Page 150 of 159
Rd 68 Widening (S of I-182)
Complete Page 151 of 159
Rd 68 Widening (S of I-182)
Change Order Details
Awarded CN Contact: $152,236.50
Total CN Contract: $146,557.30
•Savings of $5,679.20 due to actual installed quantities being
less than what was originally estimated during design.Page 152 of 159
Questions?Page 153 of 159
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.
Page 155 of 159
• Continued coordination with the Port of Pasco to complete and implement a waterfront-zoning
plan and provide for public infrastructure.
• Active partnerships in the planning and development of strategies to promote tourism and
deployment of assets to spur economic activity.
• In concert with community partners, development of a comprehensive economic development
plan.
COMMUNITY IDENTITY
Identify opportunities to enhance community identity, cohesion and image through:
• Continued efforts of community surveying through traditional methods and the application of new
technologies.
• Providing opportunities for community engagement through boards, commissions, volunteer
opportunities, social media, forums, and other outlets.
• Enhanced inter-agency and constituent coordination developed during the pandemic.
• Continued efforts of the community identity/image enhancement campaign to include promotion
of community and organizational successes.
• Enhanced participation and support of cultural events occurring within the community.
• Support of the Arts and Culture Commission in promoting unity and the celebration of diversity
through art and culture programs.
For more information, visit www.pasco-wa.gov/councilgoals
Page 156 of 159
CALIDAD DE VIDA
Promover una vida de buena calidad a través de programas de calidad, servicios e inversiones y
reinversiones adecuadas en la infraestructura de la comunidad al:
• Utilizar una Community Development Block Grant (CDBG) (Concesión de Ayuda Federal para el
Desarrollo Comunitario) y otro capital público y privado para renovar las vecindades antiguas y las
rutas seguras a los servicios esenciales.
• Continuar los esfuerzos hacia el diseño, las obras de construcción, las necesidades programáticas, y
la elección de dichas obras de construcción, para un centro comunitario y comprar el terreno para
un futuro parque comunitario.
• Desarrollar la 1era Fase del Sporting Complex (Complejo Deportivo) de la Calle A y continuar los
esfuerzos de proporcionar más campos de fútbol y de otros deportes.
• Coordinar con el Pasco Public Facilities District (Distrito de las Instalaciones Públicas de Pasco) para
desarrollar una campaña de educación pública, un análisis financiero, y preparar una propuesta
sobre el desarrollo de una instalación acuática regional para que sea considerada por el público.
• Terminar la construcción de una nueva instalación para el control de animales.
• Continuar los esfuerzos para mejorar la eficiencia y la eficacia de los recursos públicos en la entrega
de servicios municipales, programas, y el mantenimiento y la viabilidad a largo plazo de
instalaciones públicas.
• Colaborar con la Inclusion, Diversity and Equity Commission (Comisión de Inclusión, Diversidad, y
Equidad) y con los líderes comunitarios para mejorar los esfuerzos de participación y la capacidad
cultural organizacional.
• Actualizar los estándares de diseño para el desarrollo de nuevas vecindades y el redesarrollo para
promover más cohesión de las vecindades a través de elementos de diseño, p. ej.: viabilidad peatonal,
evaluación de las necesidades, sustentabilidad, y lugares donde se puedan reunir los miembros de
la comunidad.
• Actualizar el Parks and Facilities Comprehensive Plan (Plan Comprehensivo de los Parques y las
Instalaciones) para que incluya: un inventario de instalaciones públicas, una evaluación de las
necesidades, el nivel de servicio, y la evaluación del centro.
• Trabajar en equipo con colaboradores regionales para desarrollar un Housing Action Plan (Plan de
Acción para Viviendas) con un enfoque en las estrategias que enfatizan viviendas económicas.
SUSTENTABILIDAD FINANCIERA
Mejorar la sustentabilidad financiera a largo plazo, el valor, y los niveles de servicios y programas,
incluyendo:
• La evaluación regular de los servicios y de los programas para confirmar la importancia de la
comunidad, la capitalización adecuada, y el costo-beneficio.
Metas del Concilio de la
Ciudad del 2020-2021
Page 157 of 159
• 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
Page 159 of 159