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2005.09.19 Council Meeting Packet
AGENDA PASCO CITY COUNCIL Regular Meeting 7:00 p.m. September 19,2005 1. CALL TO ORDER 2. ROLL CALL: Pledge of Allegiance. 3. 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 Councilmembers or the public, the item may be removed from the Consent Agenda to the Regular Agenda and considered separately. (a) Approval of Minutes: 1. Minutes of the Pasco City Council Meeting dated September 6, 2005. (b) Bills and Communications: (A detailed listing of claims is available for review in the Finance Manager's office.) 1. To approve General Claims in the amount of$1,931,296.82 ($12,628.36 being in the form of Wire Transfer No. 4398 and, $1,918,668.46 consisting of Claim Warrants numbered 150768 through 150983). 2. I move to approve bad debt write-offs for utility billing, ambulance, miscellaneous, code enforcement and Municipal Court non-criminal, criminal and parking accounts receivable in the total amount of$190,942.40 and, of that amount, authorize $131,200.58 be turned over for collection. (c) Appointments to Regional HoteUMotel Commission: 1. Agenda Report from Gary Crutchfield, City Manager dated September 8, 2005. 2. Interlocal Agreement establishing Tri-City Regional Tourism Promotion Area. 3. Letter from Tri-Cities Hotel Lodging Association President dated 8/23105. 4. Letter from Tri-Cities Hotel Lodging Association President dated 8124/05. To reappoint Vijay Patel (AmeriSuites) to a second term on the Tri-Cities Regional. Hotel/Motel Commission;term to expire 8/31/07. -AND- To appoint Paul Beatty (Pasco Red Lion) to a one-year term on the Tri-Cities Regional Hotel/Motel Commission; term to expire 8/31/06. *(d) Final Plat-Broadmoor Estates,Phase 2 (New Tradition Homes) (MF #05-136-FP): 1. Agenda Report from David 1. McDonald, City Planner dated September 15, 2005. 2. Copy of Final Plat (Council packets only; copy available in Planning Office for public review). 3. Vicinity Map. To approve the final plat for Broadmoor Estates,Phase 2. *(e) Resolution No. 2897, a Resolution accepting work by Ray Poland and Sons, Construction, Inc., under contract for Project No. 04-6-01, Sacajawea Heritage Trail and Levee Lowering Project. 1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated September 8, 2005. 2. Resolution. To approve Resolution No. 2897, accepting the work performed by Ray Poland and Sons, Construction, Inc., under contract for the Sacajawea Heritage Trail and Levee 12-1 Lowering Project, No. 04-6-01. *(f) Resolution No. 2898, a Resolution of the City of Pasco, Washington, fixing a time and place for hearing on the final assessment roll for Utility Local Improvement District No. 141, and directing that notice thereof be given in the manner required by law. 1. Agenda Report from Doyle Heath, City Engineer dated September 13, 2005. 2. Resolution. 3. Vicinity Map. To approve Resolution No. 2898, setting 7:00 p.m., Monday, October 17, 2005 as the time and date to conduct a public hearing to consider the Final Assessment Roll for U.L.I.D. No. 141. Regular Meeting 2 September 19, 2005 *(g) Resolution No. 2899,a Resolution accepting work performed by Apollo, Inc., under contract for the Octave/Road 48 Sewer ULID 141, Project No. 03-1-10. 1. Agenda Report from Doyle Heath,City Engineer dated September 13, 2005. 2. Resolution. To approve Resolution No. 2899, accepting the work performed by Apollo, Inc., under contract for the Octave/Road 48 Sewer ULID 141, Project No. 03-1-10. *(h) Resolution No. 2900, a Resolution accepting work performed by Rotschy, Inc., under contract for the "A" Street Sewer and Water, Project Nos. 03-1-05 and 04-2-02. 1. Agenda Report from Doyle Heath, City Engineer dated September 13, 2005. 2. Resolution. To approve Resolution No. 2900, accepting the work performed by Rotschy, Inc., under contract for the "A" Street Sewer and Water, Project Nos. 03-1-05 and 04-2-02. (RQ MOTION:I move to approve the Consent Agenda as read. 4. PROCLAMATIONS AND ACKNOWLEDGMENTS: (a) (b) (c) 5. VISITORS - OTHER THAN AGENDA ITEMS: (a) (b) (c) 6. REPORTS FROM COMMITTEES AND/OR OFFICERS: (a) Verbal Reports from Councilmembers. (b) (c) 7. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: (a) Street Vacation-Chestnut Avenue between"A"Street and "B"Street (MF#05-111-V): 1. Agenda Report from David I. McDonald, City Planner dated September 14, 2005. 2. Vicinity Map. 3. Letter from applicant withdrawing request for vacation. CONDUCT PUBLIC HEARING MOTION: I move to deny the request for vacating that portion of South Chestnut Street lying between "A" Street and `B" Street. 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: (a) Ordinance No. , an Ordinance relating to Zoning amending PMC Title 25 dealing with wireless communication towers. 1. Agenda Report from David I. McDonald, City Planner dated September 7, 2005. 2. Proposed Ordinance. 3. Planning Commission Minutes: dated 7/21/05 and 8118/05. MOTION: I move to adopt Ordinance No. , amending Pasco Municipal Code Title 25 by creating screening and location standards for cellular towers and, further, authorize publication by summary only. (b) Ordinance No. , an Ordinance relating to Zoning amending PMC Title 25 dealing with container storage. 1. Agenda Report from David I. McDonald,City Planner dated September 7, 2005. 2. Proposed Ordinance. 3. Planning Commission Minutes: dated 7121/05 and 8/18/05. MOTION: I move to adopt Ordinance No. , amending Pasco Municipal Code Title 25 by prohibiting container storage units in certain commercial zones and, further, authorize publication by summary only. (c) Resolution No. , a Resolution approving the Capital Improvement Plan for Calendar Years 2006-2011. I. Agenda Report from Gary Crutchfield, City Manager dated September 8, 2005. 2. Proposed Resolution. MOTION: I move to approve Resolution No. , adopting the new Capital Improvement Plan for fiscal years 2006-2011. Regular Meeting 3 September 19, 2005 9. UNFINISHED BUSINESS: (none) 10. NEW BUSINESS: (none) 11. MISCELLANEOUS DISCUSSION: (a) (b) (c) 12. EXECUTIVE SESSION: (a) (b) (c) 13. ADJOURNMENT. (RC) Roll Call Vote Required * Item not previously discussed MF# "Master File#...... Q Quasi-Judicial Matter REMINDERS: 1. 6:00 p.m., Monday, September 19, Conference Room #1 — LEOFF Disability Board Meeting. (MAYOR MIKE GARRISON and COUNCILMEMBER REBECCA FRANCIK) 2. 5:30 p.m., Wednesday, September 21, Elmer's (1425 W. Pine, Walla Walla) — Good Roads Association Board Meeting. (COUNCILMEMBER EILEEN CRAWFORD) 3. 7:30 a.m., Thursday, September 22 — Tri-Cities Visitor & Convention Bureau Meeting. (COUNCILMEMBER TOM LARSEN) 4. 11:00 a.m. — 2:00 p.m., Thursday, September 22, Howard Amon Park — All-Senior Picnic. (ALL COUNCILMEMBERS INVITED TO ATTEND) 5. 4:00 p.m., Thursday, September 22 — TRIDEC Board Meeting. (MAYOR MIKE GARRISON, Rep.; COUNCILMEMBER MATT WATKINS, Alt.) 6. 5:30 p.m., Thursday, September 22, 710 W. Court Street — Community Action Committee Meeting. (COUNCILMEMBER EILEEN CRAWFORD, Rep.; JOE JACKSON, Alt.) 7. 7:00 p.m., Thursday, September 22, 800 W. Canal Drive — Benton-Franklin District Board of Health Meeting. (COUNCILMEMBERS REBECCA FRANCIK and MATT WATKINS) 8. 11:30 a.m., Friday, September 23, Roy's Smorgy — Benton-Franklin Council of Governments Board Meeting. (COUNCILMEMBER EILEEN CRAWFORD,Rep.; MAYOR MIKE GARRISON, Alt.) I MINUTES REGULAR MEETING PASCO CITY COUNCIL SEPTEMBER 6, 2005 CALL TO ORDER: The meeting was called to order at 7:00 p.m. by Michael Garrison, Mayor. ROLL CALL: Councilmembers present: Robert Hoffmann, Tom Larsen, Joe Jackson, Eileen Crawford, Rebecca Francik, Matt Watkins and Michael Garrison. Staff present: Gary Crutchfield, City Manager; Leland B. Kerr, City Attorney; Stan Strebel, Administrative & Community Services Director; Richard Smith, Community & Economic Dev. Director; Bob Alberts, Public Works Director; David McDonald, City Planner; Doyle Heath, City Engineer; Elden Buerkle, Management Assistant and Jim Chase, Financial Services Manager. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: (a) Approval of Minutes: Minutes of the Pasco City Council Meeting dated August 15, 2005. Minutes of the Pasco City Council Special Meeting dated August 29, 2005. (b) Bills and Communications: To approve General Claims in the amount of$1,429,225.58 ($141,047.45 being in the form of Wire Transfer Nos. 4386, 4389 and 4392 and, $1,288,178.13 consisting of Claim Warrants numbered 150430 through 150767). To approve Payroll Claims in the amount of$1,438,749.36, Voucher Nos. 33270 through 33481; and EFT Deposit Nos. 30005699 through 30006149. (c) Agreement for Promotion of Tourism: To approve the five-year agreement with the Tri-Cities Visitor and Convention Bureau for promotion of tourism and, further, authorize the Mayor to sign the agreement. Removed from Consent Agenda and moved to Item 10(e) —New Business. (d) Revised Agreement with PDDA for Operation of the Downtown Commercial Kitchen Business Incubator: To approve the Agreement with the Pasco Downtown Development Association for operation of the Downtown Commercial Kitchen Business Incubator and, further, authorize the Mayor to sign the Agreement. (e) Consultant Assistance for Establishment and Administration of Neighborhood Revitalization Programs: To approve the Professional Services Agreement with Creative Housing Solutions in an amount not to exceed $10,000 and, further, authorize the Mayor to sign the Agreement. (f) Interlocal Cooperative Agreement between the cities of Richland, Pasco, and Kennewick for Animal Control Services: To approve the interlocal cooperative agreement between the cities of Richland, Pasco, and Kennewick, Washington for animal control services and, further, authorize the Mayor to sign the Agreement. (g) Amended Agreement with Tri-City Youth Soccer Association for use of Pasco Soccer Complex: To approve the Amended Agreement for Land Use and Development between the City of Pasco and Tri-City Youth Soccer Association and, further, authorize the Mayor to sign the Agreement. Removed from Consent Agenda and moved to Item 10(f) —New Business. 3(a).1 MINUTES REGULAR MEETING PASCO CITY COUNCIL SEPTEMBER 6, 2005 (h) CBC Ramps Project Financing Agreement: To approve the Addendum to the Interlocal Agreement with Columbia Basin College and Port of Pasco providing for financing of the CBC Ramps Project and, further, authorize the Mayor to sign the addendum. Removed from Consent Agenda and moved to Item 10(g) —New Business. (i) Agreement with Port of Pasco Business Park Project: To approve the Airport Business Park Construction Agreement with the Port of Pasco and, further, authorize the Mayor to sign the agreement. 0) Resolution No. 2891, a Resolution amending Section 3 of Resolution No. 2326, increasing the maximum limit and increasing the reimbursement limit of the General Cash Fund for the City of Pasco. To approve Resolution No. 2891, increasing the dollar amount in the General Petty Cash Fund of the City and increasing the reimbursement limit. (k) Resolution No. 2892, a Resolution regarding the closure of Ainsworth Avenue for construction of the Ainsworth Overpass Project. To approve Resolution No. 2892, allowing temporary closure of Ainsworth Avenue between 9th Avenue and Gray Street for the duration of seven (7) months for construction of the Ainsworth Overpass Project. (1) Resolution No. 2893, a Resolution accepting work performed by Allstar, Inc., under contract for the 2004 Sewer Line Replacement, Project No. 04-1-06. To approve Resolution No. 2893, accepting the work performed by Allstar, Inc., under contract for the 2004 Sewer Line Replacement Project No. 04-1-06. (m) Resolution No. 2894,a Resolution accepting work performed by Sharpe & Preszler under contract for the 2005 Irrigation Upgrades, Project No. 05-7-01. To approve Resolution No. 2894, accepting the work performed by Sharpe &Preszler Construction, under contract for the 2005 Irrigation Upgrades, Project No. 05-7-01. (n) Resolution No. 2895, a Resolution approving a preliminary plat for Kelly's River Park Estates 2nd Addition. To approve Resolution No. 2895, approving the preliminary plat for Kelly's River Park Estates 2nd Addition. MOTION: Ms. Francik moved to approve the Consent Agenda as amended. Mr. Jackson seconded. Motion carried by unanimous Roll Call vote. PROCLAMATIONS AND ACKNOWLEDGMENTS: Mayor Garrison presented Certificates of Appreciation for August 2005 "Yard of the Month" to: Carmen and Martha Flores, 1109 W. Yakima Street Beverly Cochrane, 203 Willow Court Mario and Tierney Becho, 5011 Sahara Drive Duane and Edie Wattenburger, 4109 Riverhaven Street Ivan and Nataliy Gadomskiy, 8208 Lopez Drive Tom and Judy Moore, 10300 Willow Way REPORTS FROM COMMITTEES AND/OR OFFICERS: Mr. Watkins noted he and Mr. Crutchfield met with the Tri-City Herald Editorial Board to help present the facts of Franklin County's proposed sales tax increase. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: Preliminary Plat: Northwest Commons, (549 Lot subdivision east of Road 52 and north of Sandifur Parkway) (EE Resources) (MF#05-31-PP/PUD): 2 MINUTES REGULAR MEETING PASCO CITY COUNCIL SEPTEMBER 6, 2005 Council and Staff discussed the utilities in this area. Ordinance No. 3733, an Ordinance of the City of Pasco, Washington, amending the Zoning Classification of certain real property located in Section 11, Township 9 North, Range 29 East,from R-S-20 (Suburban Residential) to R-S-1/PUD (Suburban Residential/Planned Unit Development). MOTION: Ms. Francik moved to adopt Ordinance No. 3733, establishing a PUD for the Northwest Commons and, further, authorize publication by summary only. Mr. Jackson seconded.Motion carried. Resolution No. 2896, a Resolution approving a preliminary plat for Northwest Commons. MOTION: Ms. Francik moved to approve Resolution No. 2896, approving the preliminary plat for Northwest Commons. Mr. Jackson seconded. Motion carried. No—Crawford. NEW BUSINESS: 2005 Sewer Lining Project—Project No. 05-1-15: MOTION: Ms. Francik moved to award the low bid for the 2005 Sewer Lining Project No. 05-1-15 to Gelco Services for the amount of$231,956.94 and, further, authorize the Mayor to sign the contract documents. Mr. Jackson seconded. Motion carried by unanimous Roll Call vote. Special Permit: Location of a Park--Loviisa Farms Park—John Deer Lane and Ryeland Drive (City of Pasco) (MF 5-97-SP): Mr. Watkins noted a conflict of interest and abstained from voting. MOTION: Ms. Francik moved to approve the special permit for the Loviisa Farms Park as recommended by the Planning Commission, Mr. Jackson seconded. Motion carried with one abstention. Special Permit: Moore Mansion Adaptive Reuse (200 Rd. 34) (MF 05-98-SP): Ms. Francik noted contact with the applicant and recused herself from voting. Ms. Crawford and Messrs. Watkins, Larsen, and Hoffmann disclosed they had contact with the applicant. There were no objections to their voting. MOTION: Mr. Jackson moved to grant a special permit to Brad and Debra Peck for the adaptive reuse of the Moore Mansion at 200 Road 34 as recommended by the Planning Commission. Ms. Crawford seconded. Motion carried with one abstention. Bid for Parks Maintenance Facility/Cemetery Sales Office: MOTION: Ms. Francik moved to award the contract for the parks maintenance facility and site work to the low bidder, Mountain States Construction Co., in the amount of $830,195.00, including sales tax and, further, authorize the Mayor to sign the contract documents. Mr. Jackson seconded. Motion carried by unanimous Roll Call vote. MOTION: Ms. Francik moved to award the contract for the prefabricated cemetery sales office to the low bidder, Pacific Mobile Structures, Inc., in the amount of$66,052.25, including sales tax and, further, authorize the Mayor to sign the contract documents. Mr. Jackson seconded. Motion carried by unanimous Roll Call vote. Agreement for Promotion of Tourism: 3 MINUTES REGULAR MEETING PASCO CITY COUNCIL SEPTEMBER 6, 2005 Mr. Watkins noted a conflict of interest and abstained from voting. MOTION: Ms. Francik moved to approve the five-year agreement with the Tri-Cities Visitor and Convention Bureau for promotion of tourism and, further, authorize the Mayor to sign the agreement. Mr. Jackson seconded. Motion carried with one abstention. Amended Agreement with Tri-City Youth Soccer Association for use of Pasco Soccer Complex: MOTION: Ms. Francik moved to approve the Amended Agreement for Land Use and Development between the City of Pasco and Tri-City Youth Soccer Association and, further, authorize the Mayor to sign the Agreement. Mr. Jackson seconded. Motion carried. CBC Ramps Project Financing Agreement: Mr. Alberts explained the details of the project. MOTION: Ms. Francik moved to approve the Addendum to the Interlocal Agreement with Columbia Basin College and Port of Pasco providing for financing of the CBC Ramps Project and, further, authorize the Mayor to sign the addendum. Mr. Jackson seconded. Motion carried. MISCELLANEOUS DISCUSSION: MOTION: Ms. Francik moved to continue the Chestnut Street vacation hearing to 7:00 p.m. September 15, 2005. Mr. Jackson seconded. Motion carried. Ms. Crawford inquired about transit friendly streets in new subdivisions. Mr. Mark Gurtisen, 715 W. Agate St, Pasco, asked for police help in his neighborhood which has become unsafe due to criminal activity. EXECUTIVE SESSION: Council adjourned to Executive Session at 8:08 p.m. to evaluate a complaint against a public officer. Mayor Garrison called the meeting back to order at 8:25 p.m. ADJOURNMENT: There being no further business, the meeting was adjourned at 8:25 p.m. APPROVED: ATTEST: Michael L. Garrison, Mayor Webster U. Jackson, City Clerk PASSED and APPROVED this 19th day of September, 2005 4 CITY OF PASCO Council Meeting of: September 19,2005 Accounts Payable Approved The City Council City of Pasco, Franklin County,Washington Wek2gai o hereby rtify under penalty of perjury that the materials have been furnished,the ser labor pe ormed as described herein and that the claim is a just,due and unpaid oblity and t we are authorized to authentic ate and certify to said claim. Gary ruts Id, ty Ma ger James W. Chase, Finance Manager We,the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County,Washington, do hereby certify that the merchandise or services hereinafter specified have been received; that Wire Transfer No 4398 in the amount of$12,628.36, has been authorized;that Check No.s 150768 through 150983 are approved for payment in the amount of$1,918,668.46,for a combined total of$1,931,296.82 on this 19th day of September,2005. Councilmember Councilmember SUMMARY OF CLAIMSIWIRE TRANSFERS BY FUND; GENERAL FUND: Legislative 564.00 Judicial 14,360.67 Executive 804.73 Police 33,358.56 Fire 7,951.34 Administration &Community Services 75,484.10 Community Development 1,020.84 Engineering 10,509.88 Non-Departmental 46,934.57 Library 130.89 TOTAL GENERAL FUND: 191,119.58 STREET 163,829.69 C. D. BLOCK GRANT 25,493.62 KING COMMUNITY CENTER 747.81 AMBULANCE SERVICE 5,524.39 CEMETERY 8,098.77 ATHLETIC PROGRAMS 34.05 SENIOR CENTER 1,88163 MULTI MODAL FACILITY 1,166.89 SPECIAL ASSESSMNT LODGING 18,518.69 LITTER ABATEMENT 2,547.84 REVOLVING ABATEMENT 942.00 PARKS FUND 0.00 TRAC DEVELOPMENT 0.00 STADIUM/CONVENTION CENTER 5,367.55 SUN WILLOWS RESIDENTIAL DEVELOPMENT 0.00 METRO DRUG TASK FORCE 8,849.76 METRO DRUG FORFEITURE FUND 699.58 GENERAL CONSTRUCTION 38,387.56 WATER/SEWER 358,792.97 EQUIPMENT RENTAL-OPERATING 30,470.86 EQUIPMENT RENTAL- REPLACEMENT 0.00 MEDICAL/DENTAL INSURANCE 14,215.86 CENTRAL STORES 931.58 PUBLIC FACILITIES DIST 29,176.53 PAYROLL CLEARING 24,497.61 INVESTMENT CONTROL 1,000,000.00 GRAND TOTAL ALL FUNDS: $ 1,931,298.82 3{h).1 AGENDA REPORT FOR: City Council DATE: 09/14/2005 TO: Gary Crutc anager REGULAR: 09/19/2005 Stan Strebel, is Community Services Director FROM: Jim Chase,Finance Manager SUBJECT: BAD DEBT WRITE-OFF'S/COLLECTION. 1. REFERENCE(S): Write-off and collection lists are on file in the Finance Department. II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: MOTION: I move to approve bad debt write-offs for utility billing, ambulance, miscellaneous, code enforcement and Municipal Court non-criminal, criminal and parking accounts receivable in the total amount of$190,942.40, and, of that amount, authorize $131,200.58 be turned over for collection. III. HISTORY AND FACTS BRIEF: 1. UTILITY BILLING - These are all inactive accounts, 60 days or older. Direct write-offs are under $10 with no current forwarding address,or are accounts in"occupant" status. Accounts submitted for collection exceed$10.00. 2. AMBULANCE - These are all delinquent accounts over 90 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. Direct write offs including DSHS and Medicare customers; the law requires that the City accept assignment in these cases. 3. MISCELLANEOUS - These are all delinquent accounts over 90 days past due or statements that are returned with no forwarding address. Those submitted for collection exceed$10.00. 4. COURT ACCOUNTS RECEIVABLE-These are all delinquent non-criminal and criminal fines, and parking violations over 30 days past due. 5. CODE ENFORCEMENT — LIENS — These are Code Enforcement violation penalties which are either un-collectable or have been assigned for collections because the property owner has not complied or paid the fine. There are still liens in place on these amounts which will continue to be in effect until the property is brought into compliance and the debt associated with these liens are paid. I Amount Direct Referred to Total Write-offs Collection Write-offs Utility Billing $ .00 2,819.35 2,819.35 Ambulance $ 59,741.82 .00 59,741.82 Miscellaneous $ .00 658.06 658.06 Court A/R $ .00 118,020.00 118,020.00 Liens $ .00 9,703.17 9,703.17 TOTAL: $ 59,741.82 131,200.58 190,942.40 IV, ADMINISTRATIVE ROUTING: cc: Dot French,Municipal Court Clerk 3(b).2 AGENDA REPORT TO: City Council. September 8, 200.5 FROM: Gary Crutch. e anager Regular Mtg.: 9/19/05 SUBJECT: Appointments o Regional Hotel/Motel Commission I. REFERENCE(S): 1. Interlocal Agreement establishing Tri-City Regional Tourism Promotion Area 2. Letter from Tri-Cities Hotel Lodging Association President dated 8/23105 3. Letter from Tri-Cities Hotel Lodging Association President dated 8/24/05 II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 9/19: MOTION: I move to reappoint Vijay Patel (AmeriSuites) to a second term on the Tri-Cities Regional Hotel/Motel Commission; term to expire 8/31/07. -AND- MOTION: I move to appoint Paul Beatty (Pasco Red Lion) to a one-year term on the Tri-Cities Regional Hotel/Motel Commission; term to expire 8131/06. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: A) Pasco, along with the cities of Kennewick and Richland, entered into an interlocal agreement in June 2004 to create a regional "Tourism Promotion Area" (TPA). The TPA is an organization formed as authorized by recent state law to levy special assessments for the use of lodging facilities within the respective area. In the case of the Tri-Cities, all hotels/motels within the boundaries of the three cities are required to collect from users of their facilities the fee of $1.50 for each room night used. That fee is remitted by each of the hotels/motels to the state; the state, in turn, distributes the funding back to the respective cities within which it was collected (much like the long-standing 2% hotel/motel tax) and the cities distribute it to the TPA for expenditure in accordance with the business plan and budget established by the Regional Hotel/Motel Commission. B) The Regional Hotel/Motel Commission is established under Section 5 of the Interlocal Agreement. The Commission consists of six voting members; two appointed by each of the three cities from nominees offered by the Tri-City Hotel Lodging Association. Any vacancy is to be filled by the respective city from a list of nominees offered by the Association. C) The Commission presently has one vacancy (Troy Woody, former manager of the Pasco Red Lion, is now the TRAC manager and is no longer eligible to serve on the Commission); the other Pasco appointee (Vijay Patel, representing AmeriSuites) was appointed to a one-year term which expired August 31, 2005. D) The Tri-Cities Hotel Lodging Association, as evidenced by the letters from the Association President,recommends that Mr. Patel be reappointed for a new, two-year term, for the reasons outlined in the letter dated August 24. The Association further recommends (by letter dated August 23) that Mr. Woody's position on the Commission be filled by Paul Beatty (the new manager of the Pasco Red Lion) who would fill the term to expire in August of next year. V. DISCUSSION: A) Given the relative infancy of the TPA Commission and its associated effort, staff recommends the City Council appoint the individuals as recommended by the Tri- Cities Hotel Lodging Association, without interview. 3(c) INTERLOCAL COOPERATION AGREEMENT FOR ESTABLISHMENT OF TRI-CITY REGIONAL TOURISM PROMOTION AREA THIS INTERLOCAL AREEMENT ("Agreement") dated this Ist day of June, 2004, is made and entered into by and among the CITY OF KENNEWICK, Washington, a municipal corporation of the State of Washington; the CITY OF PASCO, Washington, a municipal corporation of the State of Washington; the CITY OF RICHLAND, Washington, a municipal corporation of the State of Washington, collectively referred to as ("Cities"); enter into this Agreement as authorized by RCW 35.101.040 for the creation of a Regional Tourism Promotion Area serving the Tri-City Region and funded by a Special Lodging Assessment in accordance with the terms and conditions designated below. WITNESSETH: WHEREAS, the 2003 Washington State Legislature recognized the importance of tourism promotion in the State of Washington and passed Engrossed Substitute Senate Bill No. 6026 now codified as 35.101. RCW authorizing the establishment of Tourism Promotion Areas within joint jurisdictions by Interlocal Agreements adopted pursuant to 39.34 RCW; and WHEREAS, the Operators of Lodging Businesses within each of the Cities of Kennewick, Pasco and Richland, Washington have presented to their respective City Councils an Initiation Petition seeking the establishment of a Tri-City Regional Tourism Promotion Area specifically, including the areas within the jurisdictions of the Cities of Kennewick, Pasco and Richland, Washington; and WHEREAS, the Initiation Petitions submitted to the City Councils included: (1) A description of the boundaries of the proposed Tourism Promotion Areas consisting of the areas within the jurisdictions of each City as incorporated as a part of a Regional Tourism Promotion Area, including the jurisdictions of all three Cities to be designated as the Tri-City Regional Tourism Promotion Area; and (2) The proposed uses and projects for which the proposed revenue from the Special Lodging Assessment levied by each of the Cities to fund the expenditures of the Tri-City Regional Tourism Promotion Area would be dedicated, and the total estimated costs of such uses; and 5-27-2004 1 (3) The estimated rate for the Special Lodging Assessment to be levied on eligible Lodging Businesses within each of the three Cities as a single classification zone incorporated a uniform amount throughout the Tri-City Regional Area; and (4) The signatures of the persons who operate Lodging Businesses in the each of the three Cities who would pay over sixty percent (60%) of the proposed'Special Lodging Assessment levied within their respective areas; and WHEREAS, the City Councils of the Cities of Kennewick, Pasco and Richland have the authority to enter into an Interlocal Agreement among themselves to establish a Regional Tourism Promotion Area, pursuant to the provisions of the Initiation Petition received from the operators of the Lodging Businesses within their respective Cities to include within the boundaries of the proposed Tri-City Regional Tourism Promotion Area all of the incorporated area of all three Cities; and WHEREAS, the City Council of the City of Kennewick, Washington, has after hearing on the 1st day of June, 2004; adopted an Ordinance to Establish a Kennewick Tourism Promotion Area in Connection with the Establishment of a Tri-City Regional Tourism Promotion .Area; and WHEREAS, the City Council of the City of Pasco, Washington, has after hearing on the 7th day of June, 2004, adopted an Ordinance to Establish the Pasco Tourism Promotion Area in Connection with the Establishment of a Tri-City Regional Tourism Promotion Area; and WHEREAS, the City Council of the City of Richland, Washington, has after hearing on the 1st day of June, 2004, adopted an Ordinance to Establish the Richland Tourism Promotion Area in Connection with the Establishment of a Tri-City Regional Tourism Promotion Area; and WHEREAS, that said Ordinances provide for the creation of a Regional Tourism Promotion Area with the boundaries thereof, including that territory within the city limits of the Cities of Kennewick, Pasco and Richland, Washington; provides for the proposed uses and projects to which the proposed revenues from the Special Lodging Assessment levied within the Tri-City Regional Tourism Promotion Area would be dedicated, and setting a consolidated proposed rate for the proposed Special Lodging Assessment to be levied on Lodging Businesses to fund the uses and projects of the Tri-City Regional Tourism Promotion Area for the mutual benefit of all three Cities, and after the conduct of a public hearing thereon proceeded by Notices required by law, the City Councils of the Cities of Kennewick, Pasco and Richland, Washington, have by appropriate legislative action, authorized the execution of an Interlocal Agreement to permit the establishment of the Tri-City Region Tourism Promotion Area to include collection of Special Lodging Assessments from the Lodging Businesses within their respective jurisdictions, and to contract with the Tri-City Visitor and Convention Bureau as "TPA Manager" thereof for the benefit of their respective jurisdictions. 5-27-2004 2 NOW, THEREFORE, for and in consideration of the mutual promises as set forth herein it is agreed as follows: 1. Definitions. As used in this agreement, the following terms, unless the context otherwise dictates, shall have the following means: 1.1 "Agreement" shall mean this Interlocal Cooperation Act Agreement for Establishment of Tri-City Regional Tourism Promotion Area as authorized by Chapter 35.101.040 (2) RCW. 1.2 "Lodging Business" means a business located within the Cities of Kennewick, Pasco and Richland, Washington that furnishes lodging taxable by the State under Chapter 82.08 RCW that has forty (40) or more lodging units. 1.3 "Operator" means the Operator of a Lodging Business, whether in the capacity of owner, general manager, lessee, sublessee, mortgagee in possession, licensee or any other similar capacity. 1.4 "Room Revenues" means the gross per-night-charge (nights of stay) imposed for the rental of a room or combination of rooms for Lodging. 1.5 "Special Lodging Assessment" means the levy (charge) imposed by Cities of Kennewick, Pasco and Richland, Washington on the Operators of a Lodging Business within the Tri-City Regional Promotion Area and subsequently passed on to the guests of the Lodging Business, under the authority of RCW 35.101.050 for the purpose of providing for funding of tourism promotion in the Tri-City Regional Tourism Promotion Area. 1.6. "Association" means the Tri-City Hotel & Lodging Association, Inc., a Washington non-profit corporation. 1.7 "Commission" means the Tri-City Regional Hotel-Motel Commission, established by City Councils of the Cities of Kennewick, Pasco and Richland, Washington, whose members are appointed by the City Councils of the Cities of Kennewick, Pasco and Richland, Washington to provide recommendations to the City Councils of the Cities of Kennewick, Pasco and Richland, Washington on proposed uses and projects of the Tri-City Regional Tourism Promotion Area, pursuant to the provisions of RCW 35.101.130 (1) as provided in this Agreement. 1.8 "Tri-City Regional Area" means territorial jurisdiction within the city limits of the Cities of Kennewick, Pasco and Richland, Washington. 5-27-2004 3 1.9 "Tri-City Regional Tourism Promotion Area", ("TCRTPA"), means the Tourism Promotion Area created by the City Councils of the Cities of Kennewick, Pasco and Richland, Washington pursuant to the authorization provided in RCW 35.101.080, acting jointly to create a Regional Tourism Promotion Area as authorized by RCW 35.101.040. 1.10 "TPA Manager" shall mean the Tri-Cities Visitor & Convention Bureau, a Tourism Destination Marketing Organization, as designated by the City Councils of the Cities of Kennewick, Pasco and Richland, Washington or its successor qualified to administer the operation of the Tri-City Regional Promotion Area. 1.11 "Tourism Promotion" means activities and expenditures designed to increase tourism and convention business, including but not limited to, advertising, publicizing, or otherwise distributing information for the purpose of attracting and welcoming tourists, and operating tourism destination marketing organizations. I 1.12 "Transient Basis" means the rental of a room or rooms for dwelling, lodging, or sleeping purposes by the Operator of a Lodging Business for a period of thirty (30) consecutive calendar days or less, counting a portion of a day as a full calendar day. 1.13 "Annual Budget" shall mean the Tri-City Regional Tourism Promotion Area budget for a fiscal year, as adopted or amended by the City Councils of the Cities of Kennewick, Pasco and Richland, Washington, after the receipt of a recommendation from the Tri-Cities Hotel-Motel Commission, identifying all estimated revenues from Special Lodging Assessments for the fiscal year, and providing for all proposed uses of Special Lodging Assessment revenue for the purpose of providing tourism promotion in the Tri- City Region for the ensuing fiscal year. 2. Joint Establishment of Tourism Promotion Area. A. It is hereby understood and agreed that each of the Cities have created and established a Tourism Promotion Area for that City to be operated jointly as a single entity for the benefit of all three Cities established as a single Tourism Promotion Area designated as the Tri-City Regional Tourism Promotion Area, covering the entire area within the corporate limits of the Cities. B. It is hereby understood and agreed by the Cities that the purpose for the formation of the Tri-City Regional.Tourism Promotion Area under RCW 35.101.040 is to provide revenue to fund tourism promotion within the Tri-City area on a consolidated basis to maximize the benefit to all operators of lodging businesses within the Cities on an equal basis. 5-27-2004 4 C. It is understood and agreed that the intent of this Agreement is to provide a supplemental source of funding for the promotion of tourism and.convention business within the Tri-City regional area, and the Special Lodging Assessment to be levied by the Cities under the authority of this Agreement separate and independent of the Lodging Tax authorized by RCW 82.14.410, and is not intended to supplant such lodging tax or reduce existing financial commitments by the Cities to the Tri-Cities Visitor and Convention Bureau below 2004 spending levels. 3. Levy of Special Lodging Assessments on Lodging Businesses within the TriCty Regional Tourism Promotion Area, A. The City Council of each of the Cities shall levy a Special Lodging Assessment on the Operators of Lodging Businesses within their jurisdictions uniformly throughout the Tri- City Regional Tourism Promotion Area as follows: Classification A: $ 1.50 Classification B: $ -0- B. It is understood and agreed by and between the Cities that the Tri-City Regional Tourism Promotion Area shall include the following Classifications: (i) Classification A. Classification A encompasses all Lodging Businesses located within the incorporated city limits of the Cities of Kennewick, Pasco and Richland, Washington that furnish lodging taxable by the Washington State Department of Revenue under Chapter 82.08 RCW that has forty (40) or more lodging units, except those identified in Classification B. (ii) Classification B. Classification B encompasses Lodging Businesses located within the Tourism Promotion Area, other than hotels, motels, and bed and breakfast facilities. Lodging Businesses within this classification would include (i) trailer camps and recreational vehicle parks which charge for the rental of space to transients for locating or parking house trailers, campers, recreational vehicles, mobile homes, and tents; (ii) educational institutions which sell overnight lodging to persons other than students; (iii) private lodging houses, dormitories and bunkhouses operated by or on behalf of businesses and industrial firms or schools solely for the accommodation of employees of such firms or students which are not held out to the public as a place where sleeping accommodations may be obtained; and (iv) guest ranches or summer camps which, in addition to supplying meals and lodging, offer special recreational facilities and instruction in sports, boating, riding, outdoor facilities and instruction in sports, boating, riding, and outdoor living. 5-27-2004 5 The charge(s) imposed under this section are not a tax on the "sale of lodging" for the purposes of RCW 82.14.410 and are in addition to those special assessments that may be levied under Chapter 35.87A RCW. C. Any change in the Special Lodging Assessment rates for any Classifications as set forth above shall be made only by amendment of the enacting legislation adopted by an affirmative vote of a majority plus one of each of the City Councils of the Cities. No increase in the Special Lodging Assessment rates for any Classification or any change in the definitions of any.Classification shall be made by the City Councils of the Cities, except upon the affirmative recommendation of the Tri-Cities Regional Hotel and Motel Commission. 4. Use of Special Assessment Revenues For the Promotion of Tourism and Convention Center Business in the Tri-City Region. A. It is understood and agreed that all of the revenues from Special Lodging Assessments collected by the Cities shall be paid to the TPA Manager, monthly for application only in accordance with the adopted budget of the Tri-City Regional Tourism Promotion Area. The initial budget for the remainder of the calendar year 2004 shall be submitted by the ist day of September, 2004. Commencing calendar year 2005, and for each calendar year during the term of this Agreement, an annual budget and business plan shall be proposed by the TPA Manager to the Tri-City Regional Hotel and Motel Commission on or before September 1st of each calendar year. The Tri-City Regional Hotel and Motel Commission shall consider the proposed budget and business plan and, after making such modifications as it deems necessary for the accomplishment of the purposes of the TCRTPA, submit its recommended annual budget and business plan to the City Councils of the Cities on or before October 1st of each calendar year. The City Councils shall have the ultimate authority to set and approve all annual budgets which approval shall be completed prior to the commencement of the budget year. In the event one or more City Councils do not approve the recommended budget, the objection shall be circulated to the other City Councils for consideration. After due consideration, each City shall again vote on the adoption of the recommended budget. The affirmative vote of two or more Cities shall be sufficient for the adoption of the annual budget, subject to the rights of termination of this Agreement as provided in Section 7 below. B. The Cities shall during the term of this Agreement and for a term of three years thereafter, have the right, upon reasonable notice and at such reasonable times, have access to, and the right to examine and audit, any records, documents, papers and books of account of the Commission and the TPA Manager regarding the application of the Special Assessment Revenues for compliance with their application for the purposes identified in Section C. below. C. The revenue from the Special Lodging Assessments collected from the Operators of Lodging Businesses within the Tourism Promotion Area shall be dedicated to the following uses and projects: 5-27-2004 6 i. The general promotion of tourism within the Tri-Cities Regional Area as specified in the TPA business plan to be adopted annually; ii. The marketing of convention, conferences and trade shows that benefit local tourism and the Lodging Business in the Tri-Cities Regional Area; iii. The marketing of the Tri-Cities Regional Area to the travel industry in order to benefit local tourism and the Lodging Businesses in the Tri-Cities Regional Area; iv. The marketing of the Tri-Cities Regional Area to recruit sporting, athletic, recreational, entertainment, performing arts and cultural events in order to benefit tourism and the Lodging Businesses within the Tri-City Regional Area for the purpose of increasing overnight visitor stays within the region. V. Provide marketing and event assistance for qualifying non-profit events that represent a substantial likelihood of benefiting tourism and lodging businesses in the Tri-City Regional Tourism Promotion Area that represent a substantial likelihood of benefiting Tourism and Lodging Business in the Tri-City Tourism Promotion Area and for the purpose of increasing overnight visitor stays within the region. 5. Creation of Tri-City Regional Hotel-Motel Commission. A. It is understood and agreed that it is hereby created, pursuant to RCW 35.101.130 (1), the Tri-City Regional Hotel and Motel Commission ("Commission") to advise the Cities on the expenditure of Special Lodging Assessment revenues to fund tourism promotion within the Tri-City region. B. The Commission shall consist of six (6) voting Members and three (3) ex officio Members. Two voting members shall be selected by the Kennewick City Council from a list of nominees prepared by the Tri-City Hotel and Lodging Association from Operators of Lodging Businesses within the city limits of the City of Kennewick. Two (2) voting members shall be selected by the Pasco City Council from a list of nominees prepared by the Tri-City Hotel and Lodging Association from Operators of Lodging Businesses within the city limits of the City of Pasco. Two voting members shall be selected by the Richland City Council from a list of nominees prepared by the Tri-City Hotel and Lodging Association from Operators of Lodging Businesses within the city limits of the City of Richland. In no event shall fifty percent (50%) or more of the voting membership of the Commission be selected from the same Lodging Ownership or Management Company within the Tri-City Regional Area. The City Manager or his or her Designee from each of the three Cities shall serve as an ex officio member. All Commission members, voting and ex officio may participate in all discussions regarding 5-27-2004 7 proposed activities and programs by the Tri-City Regional Tourism Promotion Area for promotion and marketing of tourism. Ex officio members shall not have voting rights, except in the event of a tie vote among the voting members at which time, each ex officio member may cast a vote to break the tie. Any vacancy on the Tri-City Regional Hotel and Motel Commission shall be filled by the appointing City, from a list of nominees prepared by the Tri-City Hotel and Lodging Association for voting memberships within thirty (30) days from the date the vacancy occurs. C. It is understood and agreed that the initial voting members of the Commission shall serve staggered terms, with one member serving a one-year term and the second member serving a two-year term. The length of the term for each individual voting member of the initial Commission shall be chosen by lot at the first meeting of the Commission. Thereafter, all voting members subsequently appointed to the Commission shall serve a term of two years. No voting member shall serve more than two consecutive terms as a Member of the Commission unless such subsequent term is separated by at least twelve (12) months from the last date of service as a Member of the Commission. A Member may be removed from the Commission by three- fourths (3/4) affirmative vote of the Commission for actions deemed to be adverse to the interest of the Commission. Such actions may include unexcused absences from three meetings of the Commission within a twelve (12) month period; failure to perform assigned duties and responsibilities; and conduct detrimental to the best interests of the Commission. Succeeding and replacement voting members shall be selected by each City as provided above for the selection of the initial voting members of the Commission. 6. Contract For Management of the Tri-City Regional Tourism,Promotion Area. The Cities shall contract with, and appointed the Tri-Cities Visitor & Convention Bureau as the initial TPA Manager for the operation of the Tri-City Regional Tourism Promotion Area. Such contract shall provide for the operation of the Area in compliance with the terms of this Interlocal Agreement, Ordinances and Resolutions adopted by the Cities, and with all regulations lawfully imposed by the State Auditor or other State Agencies. 7. Modification or Disestablishment of the Tri-City Regional Tourism Promotion Area. A. The respective City Councils of each City may, by the affirmative vote of a majority plus one or the whole Council, modify the provisions of the Ordinance establishing its Tourism Promotion Area and participation in the Tri-City Regional Tourism Promotion Area, or provide for the disestablishment of its Tourism Promotion Area and/or its withdrawal from the Tri-City Regional Tourism Promotion Area in the manner as provided by RCW 35.101.140 after adapting a Resolution of Intention for such effect and providing for a public hearing as required by law. Such Resolution of Intention shall describe the change or changes proposed, or indicate that it is the intention to disestablish its Tourism Promotion Area or withdraw from the Tri-City Regional Tourism Promotion Area, and shall state the time and the place for a public hearing to be held before the City Council to consider the proposed action. Any City, after Public Hearing, 5-27-2004 8 having taken action to modify or disestablish a Tourism Promotion Area, shall provide notice of such action to the other parties of this Agreement no less than 300 days prior to the date the intended action is to be effective, unless such notice is waived by the other parties to this Agreement. Such modification or disestablishment of a Tourism Promotion Area shall become effective on the first day of the next calendar year unless an alternative effective date is agreed by all parties. Upon the withdrawal or disestablishment by any City, the remaining Cities may elect to continue participation in this Interlocal Cooperative Agreement or to terminate this Agreement. B. If the Operators of Lodging Businesses which pay over forty percent (40%) of the Special Lodging Assessments within any of the Cities of Kennewick, Pasco or Richland, Washington file a Petition with the City Council requesting that the City Council adopt a Resolution of Intention to Modify or Disestablish that City's Tourism Promotion Area or withdraw from the Tri-City Regional Tourism Promotion Area, that respective City Council shall adopt a Resolution and act upon it as required by law. Signatures on such Petitions shall be those of duly authorized representatives of the Operators of Lodging Businesses within that respective City. C. In the event a Resolution initiated under the provisions of either Section A or B above, proposes modification of the provision of the enacting Ordinance, disestablishment of the City's Tourism Promotion Area or withdrawal from the Tri-City Regional Tourism Promotion Area, the City Council of such City shall adopt the requested modification, disestablishment of it's Tourism Promotion Area, or withdrawal from the Tri-City Regional Tourism Promotion Area; unless at such public hearing, protest against disestablishment or withdrawal is made by the Operators of Lodging Businesses paying over fifty percent (50%) of the Special Lodging Assessments within the City's Tourism Promotion Area. 8. Miscellaneous Provisions; A. Duration and Termination of this Agreement. (1) This Agreement shall commence upon the date of execution by all the parties hereto and terminate on the 31st day of December, 2009. (2) This Agreement shall automatically be renewed thereafter for additional three (3) year terms unless any City gives written Notice of its intent to not renew this Agreement no less than one year prior to the expiration of the current term. This Agreement may be terminated in whole or in part by legislative action for disestablished as provided in Section 7 above. In the event of disestablishment, each City shall be responsible for the utilization of any remaining unallocated revenue from the Special Lodging Assessments solely for the purpose of promotion of tourism within the City collecting the Special Lodging Assessment. B. Property and Equipment. In the event, that any property or equipment is purchased by the TPA Manager from Special Lodging Assessment revenues, such property and equipment shall be made available, together with all information, data and records collected by TPA Manager to the successor TPA Manager for its use in conjunction with providing similar services. In the event of the withdrawal of any City from the TPA and election by the remaining 5-27-2004 9 Cities to continue under the terms of this Interlocal Agreement, all property, equipment, information and documents shall be retained by and become the property of the remaining City participants. In the event of a disestablishment of the Tri-City Regional Tourism Promotion Area, all property and equipment or the proceeds from the sale thereof, shall be equally divided among the Cities. In such event, all information, documents and data accumulated in the performance of this Agreement by the TPA Manager shall be made equally accessible to each of the Cities. C. Interlocal Agreement Administration. For the purpose of compliance with RCW 39.34.030 (4)(a), the Tri-City Regional Hotel and Motel Commission, organized as a joint board, shall be responsible for administering the joint cooperative undertakings required by this Agreement. D. Waiver. No officer, employee or agent of the Cities has the power, right or authority to waive any of the conditions or provisions of this Agreement. No waiver of any breach of this Agreement by any of the parties shall be held to be a waiver of any subsequent breach. Failure of any party to enforce any of the provisions of this Agreement, or to require performance of any of the provisions herein, shall in no way be construed to be a waiver of such conditions, nor in any way effect the validity of this Agreement or any part thereof, or the right of any party hereto to hereafter enforce each and every such provision. E. Records. All records and documents with respect to all matters covered by this Interlocal Cooperative Act Agreement held by any party to this Agreement, shall be subject to inspection, review or audit by any City during any term or renewal term of this Agreement and for three (3) years after its termination. F. Integration. This Agreement contains all of the terms and conditions agreed upon by the Cities concerning the establishment of the Tri-City Regional Tourism Promotion Area by the Cities, and the collection of Special Lodging Assessments from Operators of Lodging Businesses within the area. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. Each party is represented by and has the assistance of legal counsel and have read and understand all of the terms of this Agreement, and further acknowledge that no representations, promises, or agreements not expressed in this Agreement, have been made to induce the officials of Cities or the Bureau to execute this Agreement. G. Severability. In the event any provision of this Agreement shall be declared by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall not, in any way, be affected or impaired thereby. H. Execution of Agreement. This Agreement shall become effective upon the date provided in Section 8. A. above, and each signatories warrants their authorization to execute this Interlocal Agreement by prior actions of their respective City Councils. 5-27-2004 10 IN WITNESS WHEREOF, the City of Kennewick, the City of Pasco, and the City of Richland, Washington by their authorized officials have executed this Agreement pursuant to all requirements of law on this 1st day of June ' 2004. CITY OF KENNEWICK James Beaver, Ma31 r Attest: (/ Valerie Lof er, City Cl k Approved as to form: n Ziobro, City Attorney I CITY OF PASCO i By: Michael L. Garrison, Mayor Attest: Webster U. Jackson, City Clerk Approved as to form: Leland B. Kerr, City Attorney CITY OF RICHLAND�� By: " G✓ _ Robe Welch, Mayor r Attest: Cindy Jo n on, ty Clerk 5-27-2004 11 Approved as to form: -r- G' Thomas O. Lampson, City Attorneff 5-27-2004 12 PASCO CITY HALL RECEIVED AUG 2005 ttz CITY MANAGER'S OFFICE V 1 S1 T O R 5 E O N V E N T 1 O N B U R E A U . TRKITIES VNTOR b CONVENTION BUREAU P.O.BOX 2241 August 23, 2005 Tri-Cities,WA 99302-2241 509-735-9496 1-800-254-5824 Fax 509-783-9005 www.VisitTri-Cities.com Mr. Gary Crutchfield info@3 lisitTri-Cities.com City of Pasco 525 N. 3 ra Avenue Pasco, WA 99301 Dear Mr. Crutchfield: I Thank you for your letter dated August 16, 2005 in which you point out that we are required to supply the City with at least two candidates for the Council's approval to fill the vacant position on the TPA Commission, created by the departure of Troy Woody from the hotel industry. At this time we would like to nominate the following candidates for the Council's consideration to fulfill the remainder of Mr. Woody's term: Paul Beatty/Red Lion Pasco: Mr. Beatty is the new General Manager of the Red Lion Pasco. He has 18 years of experience in the hospitality community and represents the largest hotel in our community. His appointment was approved unanimously by the Tri-Cities Hotel & Lodging Association. Dona Leone/Best Western Pasco Inn & Suites: Ms. Leone has agreed to serve as a TPA Commissioner in the event that the Pasco City Council does not approve the Hotel &Lodging Association's recommendation of Mr. Beatty. It is not the intent of our organization to restrict the number of candidates available for the city's review; however, with a limited number of active hotels, the provision that only one representative per company serve at a time and the workload of the General Managers in our smaller hotels; finding a list of qualified candidates willing to serve can be a challenge. We appreciate your support of the commission and your attendance at the TPA Commission meetings as it helps to ensure a balance between each of the cities, the hospitality industry and how tourism dollars are invested. If you have any additional questions please contact me at 509- 946-7611. Sincerely, 7 J. Gibson President Tri-Cities Hotel& Lodging Association PASCO CITY HALL RECEIVFD AUG 2 5 2005 vi 51708 6 CON V N TI ON BU RAE AU CITY MANAGERS OFFICE TRi-OT6 VISITOR b CONVENTION BUREAU P.O.BOX 2241 Tri-Cities,IVA 99302-2241 August 24, 2005 509-735-8486 4- 8 g 1-800-2554-5824 Fax 509-783-9005 www.VisitTri-Cities.com info @VisitTri-Cities.com Mr. Gary Crutchfield City of Pasco 525 N. 3Ed Avenue Pasco, WA 99301 Dear Mr. Crutchfield: When the TPA Commission was formed last year it was agreed that in order to prevent all positions from expiring at the same time each city would have two representatives: one serving a one-year term and a second representative serving a two-year term. All future appointments are to be two year terms. As of August 31, 2005 city representatives with one year commitments will see their terms expire. At the August 10, 2005 Tri-Cities Hotel& Lodging Association meeting those present voted unanimously to nominate all three outgoing commissioners for a second term. Those commissioners are as follows: Jim Gibson(Richland), Bobbie Kelley(Kennewick) and Vijay Patel (Pasco). It is the Tri-Cities Hotel and Lodging Association's position that these individuals have only served for one year and given the limited pool of candidates for each city, the commission and the industry would benefit from consistent leadership at this point in the development of the commission. Since the Interlocal Cooperation Agreement established in June of 2004 states in paragraph 5b that "two voting members shall be selected by the Pasco Council from a list of nominees prepared by the Tri-Cities Hotel &Lodging Association from Operators of Lodging Businesses within the city limits of Pasco" we offer the following for your consideration: Vijay PateVAmeriSuites: Mr. Patel is the preferred candidate for the reasons listed above for the upcoming vacancy. Phillip McFee/Tri-Cities Sleep Inn: Mr. McFee has agreed to fill the vacancy in the event that the City does not approve Vijay Patel's appointment to the commission. The Bylaws state that each commissioner can serve no more than two consecutive terms so this will be the last term for Mr. Patel should he be successfully approved. He may serve again pending a twelve month absence from the commission. Please submit Vijay Patel as the Tri-Cities Hotel & Lodging Association's recommended candidate for Pasco's Tri-City Hotel-Motel Commission representative to the Pasco City Council for their final approval. If nominated, Mr. Patel's second term would expire on August 30, 2007. Please contact me directly if I can provide any additional information. Sincerely, Jim Gibson President Tri-Cities Hotel & Lodging Association AGENDA REPORT NO. 79 FOR: City Council DATE: 9/ 15/05 TO: Gary Crutchfi t Manager WORKSHOP: Richard J. Srn t Di ctor REGULAR: 9/ 19/05 Community an Economic Development FROM: David McDonald, City Plannerl�� SUBJECT: FINAL PLAT - Broadmoor Estates, Phase 2 (New Tradition Homes) (MF #05-136-FP) I. REFERENCE(S): A. Copy of Final Plat (Council packets only; copy available in Planning Office for public review) B. Vicinity Map II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: MOTION: I move to approve the final plat for Broadmoor Estates, Phase 2. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. The City Council previously approved a preliminary plat for Broadmoor Estates. The developer is now seeking final plat approval for Phase 2 of the Broadmoor Estates development. V. DISCUSSION: A. Prior to the approval of a final plat, the developer is to either install all infrastructure or post a bond or other instrument that secures the financing for the improvements. In this case, the developer has completed the improvements. B. The final plat shows and contains information on primary control points, tract boundaries, dimensions, bearings, lot numbers and other necessary engineering data. In addition the plat contains the required descriptions, dedications and acknowledgment and approval sections. VI. ADMINISTRATIVE ROUTING: 3(d) I I I i I >i I VICINITY MPS ITEM:: Proamoor F5tate5 Ph 2 AFFI,ICANf: New frad ition Homo5 EtAMN-kB— NORFOLX DR LLJ3 BROADMOOR No*nNGH DR G WATER TANK RJDaNWAM MIA LN VINCENZO m o — I VENCENZO OR MIA i P�5� lc� BUK.tJIhJG I I 13AM o�A N D I F U R WHINAN a ; Sl,��p-INN -- H09L i — [3POAbMOOr k l )X Tri cm5 r'Mp 212 UN115 AGENDA REPORT FOR: City Council DATE: 9/8105 TO: Gary Crutchfi Manager Regular: 9/19/05 FROM: Stan Strebei, Dire nistrative and Community Services SUBJECT: Sacajawea Heritage Trail and Levee 12-1 Lowering Project,No. 04-6-01 I. REFERENCE(S): 1. Resolution II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No.f �7 accepting the work performed by Ray Poland and Sons, Construction, Inc., under contract for the Sacajawea Heritage Trail and Levee 12-1 Lowering Project,No. 04-6-01. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) On July 19, 2004 the City Council awarded the Sacajawea Heritage Trail and Levee 12-1 Lowering Project,in the amount of$1,495,460.28, including tax to Ray Poland and Sons Construction Inc. The final cost of the contract is $1,509,352.67, including tax. B) Subsequent to the award of the contract staff was able to determine,through the State Department of Revenue, that due to the Federal ownership of the property, the project was not subject to sales tax for labor and equipment but only for taxable materials. As a result, only$28,133.63 in sales tax has been paid on the original project where a payment of$114,610.53 was anticipated. This results in a savings of$86,476.90 C) After work started last fall,Public Works determined that there was a problem with a sewer line near the levee in the vicinity of the project. Because the contractor was mobilized on site and was aware of the working conditions in the area of the levee, a change order for the repair work was executed. As repair work progressed, additional problems were discovered which involved drainage systems in the vicinity of the Blue Bridge and which were determined to be the responsibility of WSDOT. A total of$83,452.21 (including tax)was paid to the contractor under this contract as change order work to repair the sewer and drainage problems as described. D) Considering the net effect of the tax savings and the sewer/WSDOT change orders, the final cost of work related to the project is $16,917.08 above the original contract cost. The primary reasons for the cost increases are changed conditions regarding the lowering of pipes through the levee for the Corps of Engineers' pumping plants, and for restroom installation and for additional irrigation work to facilitate maintenance of the plantings located on the levee top. E) Work is now complete and staff recommends acceptance of the project. V. ADMINISTRATIVE ROUTING Project File 3(e) RESOLUTION NO. . ,2W� A RESOLUTION ACCEPTING WORK BY RAY POLAND AND SONS, CONSTRUCTION, INC., UNDER CONTRACT FOR PROJECT NO. 04-6-01, SACAJAWEA HERITAGE TRAIL AND LEVEE LOWERING PROJECT. WHEREAS, the work performed by Ray Poland and Sons, Construction, Inc., under contract for Project No. 04-6-01 has been examined by Administrative and Community Services and been found to be in apparent compliance with the applicable project specifications and drawings, and WHEREAS, it is Administrative and Community Services' recommendation that the City of Pasco formally accept the contractor's work and the project as complete; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: That the City Council concurs with Administrative and Community Services' recommendation and thereby accepts the work performed by Ray Poland and Sons, Construction, Inc., under contract for Project No. 04-6-01 as being completed in apparent conformance 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 Administrative and Community Services Director and Finance Manager. PASSED by the City Council of the City of Pasco this 19th day of September, 2005. Michael L. Garrison, Mayor ATTEST: APPROVED AS TO FORM: Webster U. Jackson, City Clerk Leland B. Kerr, City Attorney AGENDA REPORT NO. 28 FOR: City Council September 13, 2005 TO: Gary Crutchfield, i 4ng er Reg ular Mtg: September 19, 2005 Robert J. Albert' ks Director FROM: Doyle L Heath, City Enginee ///w SUBJECT: Set a Public Hearing on the Final Assessment Roll for Utility Local Improvement District(U.L.I.D.) Number 141. I. REFERENCE(S): 1. Resolution 2. Vicinity Map II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 9119: MOTION: I move to approve Resolution No.,Zg setting 7:00 p.m., Monday, October 17, 2005, as the time and date to conduct a public hearing to consider the Final Assessment Roll for U.L.I.D. No. 141. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: U.L.I.D. No. 141 was formed at the February 17, 2004 Regular Council Meeting. This U.L.I.D. was created by Ordinance No. 3656 to install sanitary sewer on West Octave Street between Road 44 and Road 50, as well as those properties on West Marie and West Brown Street. The final costs for this U.L.I.D. are now known and staff requests that Council set the Public Hearing on the Final Assessment Roll date for the Regular Council Meeting on October 17, 2005. V. ADMINISTRATIVE ROUTING Project File 3(f) RESOLUTION NO. (7"-07'6 A RESOLUTION of the City of Pasco, Washington, fixing a time and place for hearing on the final assessment roll for Utility Local Improvement District No. 141,and directing that notice thereof be given in the manner required by law. WHEREAS,the final assessment roll for Utility Local Improvement District No. 141,which was created and established by Ordinance No. 3656 passed by the City Council on February 17, 2004, has been prepared as provided by law and is on file with the City Clerk, and it is necessary to fix the date for a hearing thereon before the City Council;NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, that the public hearing on the final assessment roll for Utility Local Improvement District No. 141 will be held before the City Council at 7:00 p.m., local time, in the Council Chambers, City Hall, 525 North 3'd Avenue, Pasco, Washington on October 17, 2005. The City Clerk is instructed to cause notice to be given both by mailing and publication as required by law. The foregoing resolution was ADOPTED by the City Council of the City of Pasco, Washington,at a regular open public meeting thereof on the 19th day of September, 2005. Michael L.Garrison Mayor ATTEST: Sandy Kenworthy Deputy City Clerk APPROVED AS TO FORM: Leland Kerr City Attorney Axvaxnos (M t7b (IVO'i tlt7 OVOb C3 on -�-� Ju _ — - a - T�. � `LI i L Lo ---- - U) u., - --- -_ - - Lp st, aeod 9V aVaa _ -- �-I------- ------ ---T- 0 � � � -0 o �� _ fl 81 no 9 ui 0 [�-j rL st, OVMJ atr GVO'd ri Ln Lu - ---� L Q d x u aaHVCMOa min Nt 04 . o -Li os - AGENDA REPORT NO. 27 FOR: City Council September 13, 2005 TO: Gary Crutchfield, i a ger Regular Mtg: September 19, 2005 Robert J. Alber is Works Director FROM: Doyle L Heath, City Enginee� �✓ SUBJECT: Octave/Road 48 Sewer ULID 141, Project# 03-1-10 I. REFERENCE(S): 1. Resolution IL ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 9119: MOTION: I move to approve Resolution No. accepting the work performed by Apollo, Inc. under contract for the Octave/Road 48 Sewer ULID 141, Project # 03-1-10. III. FISCAL IMPACT: L.T.D. Fund IV. HISTORY AND FACTS BRIEF: On August 2, 2004 Council awarded the Octave Street/Road 48 Sewer ULLD 141. Project to Apollo, Inc. for the amount of $457,441.89 including sales tax. The final cost of the contract was $507,014.30. The difference was due to the extra trenching for the project. Even though the amount of the contract was exceeded, the total amount was still within the ULID preliminary assessment roll estimates. The work is now complete and staff recommends acceptance of the work. V. ADMINISTRATIVE ROUTING Project File 3(9) RESOLUTION NO. / I A RESOLUTION ACCEPTING WORK PERFORMED BY APOLLO, INC. UNDER CONTRACT FOR THE OCTAVE/ROAD 48 SEWER ULID 141, PROJECT#03-1-10. WHEREAS, the work performed by APOLLO, INC., under contract for the OCTAVE/ROAD 48 SEWER ULID 141, PROJECT#03-1-10, has been examined by Engineering and has been found to be in apparent compliance with the applicable project specifications and drawings, and WHEREAS, it is Engineering 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: That the City Council concurs with Engineering recommendation and thereby accepts the work performed by APOLLO, INC, under contract for the OCTAVE/ROAD 48 SEWER ULID 141, PROJECT#03-1-10; as being completed in apparent conformance 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 Manager. PASSED by the City Council of the City of Pasco this 19th day of September, 2005. Michael L. Garrison Mayor ATTEST: APPROVED AS TO FORM: ----------------------------- -------------------------- Sandy L. Kenworthy Leland B. Kerr Deputy City Clerk City Attorney AGENDA REPORT NO. 26 FOR: City Council September 13, 2005 TO: Gary CrutchBel t n er Regular Mtg: September 19, 2005 Robert J. Alber i W ks Director FROM: Doyle L Heath, City Engineer SUBJECT: "A" Street Sewer & Water; Project# 03-1-05 & 04-2-02 I. REFERENCE(S): 1. Resolution IL ACTION REQUESTED OF COUNCIUSTAFF RECOMMENDATIONS: 9119: MOTION: I move to approve Resolution No. accepting the work performed by Rotschy, Inc., under contract for the "A" Street Sewer& Water, Project# 03-1-05 & 04-2-02. III. FISCAL IMPACT: Utility Fund W. HISTORY AND FACTS BRIEF: On December 20, 2004 Council awarded the "A" Street Sewer & Water Project to Rotschy Inc. for the amount of$435,689.28 including sales tax. The final cost of the contract was $508,089.47. The difference is due to approximately $20,000.000 for a sewer line extension to previously un-served property, as well as $8,770.00 for previously identified water meters that needed to be replaced. The balance of the changes were due to exploratory excavation and underground items that were not identifiable prior to ground breaking (for example, the removal of buried concrete slab, repair of storm drain pipe, working around conduits that were not marked and connecting additional sewer laterals). The work is now complete and staff recommends acceptance of the work. V. ADMINISTRATIVE ROUTING Project File 3(h) RESOLUTION NO.----"- A RESOLUTION ACCEPTING WORK PERFORMED BY ROTSCHY, INC. UNDER CONTRACT FOR THE"A" STREET SEWER & WATER, PROJECT NOS. 03-1-05 & 04-2-02. WHEREAS, the work performed by ROTSCHY, INC., under contract for the "A" Street Sewer & Water, Project Nos. 03-1-05 & 04-2-02 has been examined by Engineering and has been found to be in apparent compliance with the applicable project specifications and drawings, and WHEREAS, it is Engineering 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: That the City Council concurs with Engineering recommendation and thereby accepts the work performed by ROTSCHY, INC, under contract for the "A" STREET SEWER& WATER, PROJECT NOS. 03-1-05 & 04-2-02.; as being completed in apparent conformance 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 Manager. PASSED by the City Council of the City of Pasco this 19th day of September, 2005. Michael L. Garrison Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy Leland B. Kerr Deputy City Clerk City Attorney AGENDA REPORT NO. 78 FOR: City Council DATE: 9/ 14/05 TO: Gary Crutchfie jonomic anager WORKSHOP: Richard J. Smi tor n� REGULAR: 9/19/05 Community an Development FROM: David 1. McDonald, City Planner-)O-A' I% SUBJECT: STREET VACATION- Chestnut Ave Between "A" Street and "B" Street (MF #05-111-V) I. REFERENCE(S): A. Vicinity Map B. Letter from applicant withdrawing request for vacation II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: Conduct Public Hearing: MOTION: i move to deny the request for vacating that portion of South Chestnut Street lying between "A" Street and "B" Street. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: I A. The owners of property fronting Chestnut Avenue, between "A" Street and "B' Street, submitted a petition requesting vacation of Chestnut Avenue adjacent their property. B. September 6, 2005 was the date set to consider the vacation request. The hearing was continued to allow staff time to revolve issues related to utilities. V. DISCUSSION: The applicant has with drawn the request for the street vacation. Because a public hearing was set for this matter, the Council will need to briefly open the hearing to afford the public the opportunity to comment. At the conclusion of the comment period action can be taken on the motion. VI. ADMINISTRATIVE ROUTING: 7(a) VICINITY MAP STREET PROPOSED FOR VACATION 1 W. "A" S I T I i I I I I i I d 1 I I 1 r-- -- cl) I t I { i I { I I I II E. "B STREET A E. "B STREET i I I fl ! I I II ! F r cd I I I I � t I U2 1 I i t ! I E. "C" STREET 3 I I I , l ' Foal III � ��;:a• ' Ili t i i Northwest Lgricultural Products A Bio/Chemical Manufacturing Company Date: September 14, 2005 To: David McDonald, City Planner Cc: P.O. Box 293, Pasco, WA 99301 Prom: David Ber ovi.n---;: RE: h ti Vacei Street 6 t a Mr. David McDonald Pasco City Planner P.O. Box 293 Pasco, Washington 99301--.:!.;.:!: _." Dear David; After discussing they � r6P.0$ed-.iba" t":hid''9 i©n'vi►ith"our h:e`I hbor Mr. Morgan we have decided to ridi'aval oUir, ppl ca#iorpropQvacation of South Chestnut Street.: Mr. & Mrs. Moranh' change of heart after much dis cusso their children whereby they ..w tH�at NAP not vacate the street. NA R w�a� s- o keep good relations with o;ki.reghbors and therefore will subordinate to;teii needs. Thank yo u!:fac'yaur`time on this matter. Respectfully; :i: i.iu•ii D vl ;W a - ;= = CONFIDENTIAL A Division of 6&B Northwest Ag Products and Consultants, Inc. Administrative Offices: 821 S. Chestnut Street a P.O Box 3453 • Pasco,WA 99302 s (509)547-8234 Fax:(509)547-8095 Web Page:http://www.nap-chem.com AGENDA REPORT NO. 74 FOR: City Council DATE: September 7, 2005 TO: Gary Crutchfiel anager WORKSHOP: 9/12/05 Richard J. Smi it for REGULAR: 9/19/05 Community an Economic Development FROM: David I. McDonald, City Planner SUBJECT: Proposed code amendment of PMC- 25.70.070 (Cell Towers) (MF # 05-100-CA) I. REFERENCE(Sh: A. Proposed Ordinance B. Planning Commission Minutes: Dated 7/21/05 & 8/18/05 II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 9/12/05 Discussion: 9/19/05 Motion: I move to adopt Ordinance No. , amending Pasco Municipal Code Title 25 by creating screening and location standards for cellular towers and, further, to authorize publication by summary only. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. In June of this year the City Council reviewed a report prepared by staff dealing cellular phone towers. With the continued increase in cellular phone use the concern was raised about the visual clutter additional towers create on the Pasco sky line. At the conclusion of discussion on the matter the City Council directed the Planning Commission to study the issue and make a recommendation for the incorporation of stealth design requirements in the current regulations. B. The Planning Commission reviewed the matter during a workshop July and held a public hearing in August. At the conclusion of the August 18th public hearing the Planning Commission recommended the attached code amendment for encouraging the camouflaging of cellular towers. V. DISCUSSION: A. The Planning Commission recommended the municipal code be amended to require cellular towers to be constructed using the best available stealth technologies such that towers are not readily noticeable by the casual observer. The proposed code also creates an order of preference for the location of towers. The first preference being locations on structures higher than 35 feet. A. If Council concurs with the attached recommendations, the proposed ordinance will be placed on the September 19th agenda for Council action. 8(a) I ORDINANCE NO. AN ORDINANCE relating to Zoning amending PMC Title 25 dealing with wireless communication towers. WHEREAS, cities have the responsibility to regulate and control the physical development within their borders and insure the public health, safety and welfare are maintained; and, WHEREAS, the City of Pasco has zoning regulations that encourage orderly growth and development of the City; and, WHEREAS, from time to time, the City Council causes the zoning regulations to be reviewed to insure they fulfill their intended purposes; and, WHEREAS, the City Council has determined that to further the purposes of maintaining a quality community, it is necessary to amend PMC Title 25; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. That Section 25.70,070 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 25.70.070 COMMUNICATION TOWERS. (1) Communication Towers as defined in 25. 12. 150 are permitted in all residential districts for non- commercial purposes provided: (a) Such structures and appurtenances shall not be located in the required front yard or in front of the front line of the dwelling or principal building; (b) Such structures shall not exceed a height of 10 feet within a required side or rear yard; (c) Such structures shall not exceed a height of 80 feet within the rear yard set back area; and, (d) Not more than one such structure per lot or parcel shall exceed a height of 30 feet. (2) Wireless Go mrnunieatien Tewer-s are permitted under- the fellewing zoning dis riots—provided the leeativr"r—is 500 feet -o- mere z —mac distr-iet. Any leeation eleser- than 50feet re.i�{��pcC�cu Pe it appr-evaL (b) Sueh struetur-es may-be pied by-spee l permit in l atker zoning distriets provided said sLnaetures are-. (i)---Trccucrrcc to or recirccc v=r-cair— r-6p 9 SEd building that is higher- than thirty five (35) feet; e (ii) Leeaced on ems i+[�r h a puuliely owned F.,eili y s > > poliee statien, seheol, f6eility, (e) All appheatiens for- building per-mits must be aeeempan by ver-ifleation of approved by the Feder-a! Gemmtiniea-tiens Cemmissien (FCC), the Feder-a! A-viatienAd nistr-at-ien (FAA) and any state eenstr-uetien plans must be designed and stamped by a heensed prof scion yl l Aginee 1J3 Vi f (d)1 Al l wireless eeZmunie tien f4eilities shall be remV V ld by the fae ity owner- �+6 months of the—date -the faefliteeaseTte be operational or if the faeflity falls into dis Section 2. That a new Section 25.70.075 of the Pasco Municipal Code be and the same is hereby enacted to read as follows: 25.70.075 WIRELESS COMMUNICATION FACILITIES. Wireless Communication Facilities are permitted under the following conditions: (a) Such structures shall be permitted in all industrial or C-3 zoning districts provided the location is 500 feet or more from a residential district. Any location closer than 500 feet requires special permit approval. (b) Such structures may be permitted by special permit in all other zoning_districts provided said structures are: (i) Attached to or located on an existing or proposed building or structure that is higher than thirty-five (35) feet; or (ii) Located on or with a publicly owned facility such as a water reservoir, fire station, police station, school, county or port facility. (c) All wireless communication facilities shall comply with the following standards 1L Wireless facilities shall be screened or camouflaged by employing the best available technology. This may be accomplished by use of compatible materials, strategic location, color, stealth technologies, andjor other measures to achieve minimum visibility of the facility when viewed from public rights-of-way, and adjoining properties such that a casual observer cannot identify the Wireless Communication Facility. 2 2) Wireless facilities shall be located in the City in the following order of preference: a) Attached to or located on buildings or structures higher than 35 feet_ hj Located on or with a publicly owned facility c Located on a site other than those listed in a orb . 3 If an al2plicant chooses to construct a new freestandiniz wireless communication facility, the burden of roof shall be on the applicant to show a wireless communication facility located on a higher order of preference site cannot reasonably be accommodated The cit y reserves the right to retain a qualified consultant at the applicant's expense, to review the supporting documentation for accuracy. (d) All applications for building_permits must be accompanied by verification of approval by the Federal Communications Commission FCC the Federal Aviation Administration FAA and aLiy other state or federal re uirements for tower design and location. Additionally all tower construction plans must be designed, and stamped by a licensed 12rofessional engineer. e All wireless communication facilities shall be removed by the facility owner within 6 months of the date the facility ceases to be operational or if the facility falls into disrepair_ Section 3. This ordinance shall be in full force and effect five days after passage and publication as required by law. PASSED by the City Council of the City of Pasco, at its regular meeting of 2005. Michael B. Garrision Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy Leland B. Kerr Deputy City Clerk City Attorney 3 CITY OF PASCO SUMMARY OF ORDINANCE NO. ORDINANCE NO. , amends PMC Title 25 restricting storage containers to industrial zones only. The full text of Ordinance No. , is available free of charge to any person who requests it from the City Clerk of the City of Pasco (509) 545-3402, P.O. Box 293, Pasco, Washington 99301. Webster U. Jackson, City Clerk 4 REGULAR MEETING July 21, 2005 PLANNING COMMISSION MINUTES JULY 21, 2005 A. Workshop: Code Amendment: Wireless Communication Facilies (City of Pasco) (MF# 2005-100-CA Chairman McCollum read the master file number and asked for the Staff report. Staff explained the proposed Code Amendment would require wireless communication facilities to locate their facilities in a way as to minimize the visual impact of the tower. This could be accomplished by locating on buildings, or using stealth technology to camouflage the tower. Chairman McCollum asked if there were any questions of Staff. Chairman McCollum asked staff if all new facilities would be required to utilize stealth technology. Staff responded that the code would allow facilities to locate on buildings or other structures greater than 35 feet in height as the first choice for locating equipment. Freestanding towers not on buildings would have to employ stealthy features. Staff explained this item would be place on the August meeting agenda as a public hearing. REGULAR MEETING August 18, 2005 PLANNING COMMISSION MINUTES AUGUST 18, 2005 A. Public Hearing: CODE AMENDMENT: Wireless Communication Facilies (City of Pasco (MF# 2005-100-CA) Chairman McCollum read the master file number and asked for the Staff report. Staff explained that the last month the Plann� g, + Onission reviewed a proposed Code Amendment Wireless Comr}un� a xdi & ites. The proposal would require cellular equipment to be loctd onstra!"ts 35 in height, on publicly owned land or be camouflaged Using the l 'est avMla q_,al technology. Chairman McCollum asked if there were andu6stibns of Staff, :i °-°°"ti Commissioner Hay asked if wireless commutl.ca �n facilities would"still have to go through the special permit process. Staff responded that they would have to go through'' special permit process if they were placed and any zone except 3r Industri °E Commissioner Gundy asked how r x'any loc tioris in thy`city have wireless facilities. ° 4...........}. �. . Staff answered there were approxitelyl locar , Commissioner Gundy asked `staff hove„many more facilities are going to be locating in Pasco. ''`'` s;=.:j:' Staff responded it was jrpdisible to knovii i u they wanted to be ready for any that might wish to loca Fusco. ;.,;,.,, CHAIRMAN ,MSC LLUM C�pI��I�D THE PUBLIC HEARING AND ASKED IF THERE V AS ANA QI 1 PRESENT T` AT WISHED TO SPEAK ON THIS MAT .t Them was no one prey s t %;skiing to`speak on this item. F l� . ng three (3) calls frl& Chairman McCollum for comment from the floor, et o.,r against, the`pubic meeting was declared closed. a Chaim � ollum asle Staff if Franklin County PUD would be considered a public x 1 t4at faeJ, could be located. ETI Staff stated g W ' . 1. Commissione ved the Planning Commission recommend the City Council adopt the''' ode Amendment pertaining to Wireless Communication Facilities. Commissioner Gundy seconded, motion carried unanimously. i AGENDA REPORT NO. 75 FOR: City Council DATE: September 7, 2005 TO: Gary Crutchfie Manager WORKSHOP: 9/ 12/05 Richard J. Smi hector PV REGULAR: 9/ 19/05 Community an Economic Development FROM: David I. McDonald, City Planner--,-- SUBJECT: Proposed code amendment of PMC- Title 25 (Container Storage) (MF # 05-101-CA) I. REFERENCE(S►: A. Proposed Ordinance B. Planning Commission Minutes: Dated 7/21/05 8v 8/18/05 II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 9/12/05 Discussion: 9/19/05 Motion: 1 move to adopt Ordinance No. , amending Pasco Municipal Code Title 25 by prohibiting container storage units in certain commercial zones and, further, to authorize publication by summary only. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. In June of this year the City Council reviewed a report prepared by staff dealing with the use of transportable storage containers for storage buildings. At the conclusion of discussion on the matter the City Council directed the Planning Commission to study the issue and make a recommendation regarding locational standards for transportable storage containers. B. The Planning Commission reviewed the matter during a workshop July and held a public hearing in August. At the conclusion of the August 18th public hearing the Planning Commission recommended the attached code amendment for regulating the location of transportable storage containers. III. DISCUSSION: A. The Planning Commission recommended the municipal code be amended to prohibit transportable storage containers from the office zone ("O") and the retail business zone (C-1). The current code permits container storage units in these zones by special permit. Additionally, staff would recommend the Planning Commission's proposal be augmented by prohibiting container storage units in the business park (BP) and regional commercial (CR) zones. B. If Council concurs with the attached recommendations, the proposed ordinance will be placed on the September 19th agenda for Council action. 8(b) EXHIBIT# 1 ORDINANCE NO. AN ORDINANCE relating to Zoning amending PMC Title 25 dealing with container storage. WHEREAS, cities have the responsibility to regulate and control the physical development within their borders and insure the public health, safety and welfare are maintained; and, WHEREAS, the City of Pasco has zoning regulations that encourage orderly growth and development of the City; and, WHEREAS, from time to time, the City Council causes the zoning regulations to be reviewed to insure they fulfill their intended purposes; and, WHEREAS, the City .Council has determined that to further the purposes of maintaining a quality community, it is necessary to amend PMC Title 25; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. That Section 25.41.030 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 25.41.030 PERMITTED ACCESSORY USES. Incidental sales and services, such as food service, pharmacies and retail sales to serve occupants and patrons of an established principal use, provided the accessory use is conducted within the principal building. (2) Accessory uses and accessory buildings including storage buildings; excluding container storage, as defined in Section 25.12.430 are permitted in the Office district as defined under Sections 25.12.020 and 25.12.115. Section 2. That Section 25.41.040 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 25.41.040 CONDITIONAL USES. The following uses are permitted subject to the approval of special permit as provided in Chapter 25.80: (1) Police and fire stations; (2) Churches and similar places of worship; (3) Private nursery school, preschool, child mini-day care and child day care center; (4) Dwelling units, provided the units are within the principal building, are all above the ground floor of said building, and the ground floor of said building is designed or intended to be used for a principally permitted use; and (5) 11o.-,f�aine,- Cif .TO defined /I 0 Tv�vorrcccrrrcrvcvrc�c, zrviI��e�ie3��.�i-r�c�v Section 3. That Section 25.42.030 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 25.42.030 PERMITTED ACCESSORY USES. Accessory uses and accessory buildings including storage buildings; excluding container storage, as defined in Section 25.12.430, are permitted in the C-1 district as defined under Sections 25.12.020 and 25.12.115. Section 4. That Section 25.42.040 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 25.42.040 PERMITTED CONDITIONAL USES. The following uses are permitted subject to the approval of a special permit: (1) Dwelling units, provided the units are within the principal building, are all above.the ground floor of said building, and the ground floor of said building is designed or intended to be used for a use permitted in Section 25.42.010. However, a building originally constructed on-site for residential purposes may be utilized as a dwelling unit without a special permit provided: (a) The structure does not have to be reconstructed, altered or converted from an office/commercial use such that the cost of the alteration exceeds 25% of the assessed value of the structure at the time of the alteration. (2) Retail automobile sales, including rental or lease, provided the property is: (a) Adjacent the intersection of two arterial streets, or (b) Adjacent a single arterial street; provided it is not adjacent to or across a public street right-of-way from a residential district, and would not be located closer than 300 feet to any existing car lot. (3) Parking lots; (4) Container Storage defined der 25.12.43G--,.- pf Mini-storage facilities defined under 25. 12.310; and ML5J Wineries defined under 25.12.480. Section S. That Section 25.44.030 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 25.44.030 PERMITTED ACCESSORY USES. The following accessory uses and buildings, as respectively defined in Sections 12.12.020 and 12.12.145, shall be permitted in the C-2 district: (1) Parking lots; (2) Alcoholic beverage sales provided it is for on-site consumption and located within a restaurant; 2 (3) Other uses clearly incidental or secondary to a principal use; (4) Beer/wine beverage sales for on-site and off-site consumption provided the product is produced on-site in a micro-brewery and/or micro- winery; and (5) Sales of micro-brewery products and non-fortified wines for off-site consumption provided such sales are in conjunction with an establishment selling predominately, based upon floor area, home brewing and/or wine making equipment as permitted in Section 25.44.020. u Storage buildings; excluding container storage, as defined in Section 25.12.430 are permitted. Section 6. That Section 25.44.040 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 25.44.040 CONDITIONAL USES. The following uses are permitted subject to the approval of a special permit: (1) Dwelling units, provided the units are within the principle building, are all above the ground floor of said building, and the ground floor of said building is designed or intended to be used for a use permitted in Section 25.44.020; and (2) Gentainer Ster-age, as defined in Seetion 25.12.4349, Section 7. That Section 25.48.030 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 25.48.030 PERMITTED ACCESSORY USES. Accessory buildings and accessory uses including storage buildings; excluding container storage, as defined in Section 25.12.430, are permitted in the CR district shall be pea as defined under Sections 25.12.020 and 25.12.115. Section S. That Section 25.50.030 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 25.50.030 PERMITTED ACCESSORY USES. The following accessory uses and buildings as respectively defined in Sections 25.12.020 and 25.12.115 shall be permitted in the Business Park District: (1) Retailing activities provided said activity does not occupy more than 35% of any structure; (2) Warehousing provided said use does not occupy more than 35% of any structure; (3) Auditoriums and conference facilities; (4) Day care for family members of employees; and (5) Above and below ground tank storage of critical material. Above ground tanks shall not exceed 20' in height and shall be painted a neutral color 3 to match or compliment the principal building. Additionally, the first 7 feet of all ground tanks shall be screened by a solid masonry wall. u Storage buildings; excluding container storage, as defined in Section 25.12.430 are permitted. Section 9. This ordinance shall be in full force and effect five days after passage and publication as required by law. PASSED by the City Council of the City of Pasco, at its regular meeting of 2005. Michael B. Garrision Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy Leland B. Kerr Deputy City Clerk City Attorney 4 I CITY OF PASCO SUMMARY OF ORDINANCE NO. ORDINANCE NO. , amends PMC Title 25 prohibiting storage containers in the "O", C-1, C-2, CR and BP zoning districts. The full text of Ordinance No. , is available free of charge to any person who requests it from the City Clerk of the City of Pasco (509) 545-3402, P.O. Box 293, Pasco, Washington 99301. Webster U. Jackson, City Clerk 5 REGULAR MEETING July 21, 2005 PLANNING COMMISSION MINUTES JULY 21, 2005 B. Workshop: Code Amendment: Storare Containers, (City of Pasco) (MF# 2005-101-CA) Chairman McCollum read the master file number and asked for the Staff report. Staff explained the proposed Code Amendment would prohibit transportable storage containers from being located in Residential, Office and Commercial zoning districts with the exception of the C-3 zone where the containers would still be permitted. Chairman McCollum asked if there were any questions of Staff. Commissioner Little agrees with staff that these should not be allowed in the Residential, Office and Commercial zones, except C-3 zones. Staff explained this item would be place on the August meeting agenda as a public hearing. REGULAR MEETING August 18, 2005 PLANNING COMMISSION MINUTES AUGUST 18, 2005 B. Public Hearing: CODE AMENDMENT: Storage Containers, (City of Pasco) (MF# 2005-101-CA! Chairman McCollum read the master file number and asked for the Staff report. Staff reported that the applicant (City of Pascj)�,is requesting approval of a Code Amendment for Portable Storage Containe* 3 t , -. #oted that under the code amendment portable storage contai ers Qa:1; �1jbi�pi ,allowed in the C-3 ::...re zone :: i'•�i]�;SiF3�Fi'�i'::"t'y� iti' _ i1:f::'£11�:1::11:'.i:i'�::�Sf2:z..9�:::, Chairman McCollum asked if there wer qui his it ; • 3: Yi! 137 i 3 Commissioner Mosebar asked if any stoj" co tamers are b l? Qimpliance. Staff responded that an containers erviQ µ oved b s �c �.;. P Y P fx , y p' ial permit would be grandfathered in as long as they aitz } ed the requirements of the special permit. Y 3 r iii CHAIRMAN MCCOLLUM OPENED Tl-I P E U°$LIC HEAR` +lMAND ASKED IF THERE WAS ANY ONE PRESENT TF , TVt 1. 3 0 SPEAK ON THIS AiNk MATTER. �033. ]f-,*=spj';--'?,bn i i•< 'There was no one present wishit ti :: ri. Following three (3) calls fromhairrnarx �eColl £3 for comment from the floor, either for or against, the pul meetined closed. Commissioner Little the Planning Z"01 recommend the City Council adopt the Cody invent pertaining to Storage Containers. Commissiopr Hay second ��' �tton carried unanimously. '53:3. ..a,a»..,. •FL!l,rz:':y':;:.. '� «�::::di:a •� '":'3:' '.a :: "3.. S ^•"ilP'M..'t��.:3�•. �t:.5 il,..:. �.,'ry�YE. ^• ' ;:i3i:�.r:,.:Ti�:S::;'::.....:5.:'. ;;,35': :.3.?:i;i.i�•'. � £.C:.ry£�r+��ji iii3.,..Tr.w.. .i:£.i:£::rf£i3:::.�.:^^....1'.15::::3:::,..ni::. i•.ii,�,�Y'a�"� .i:.°."S, i.:is`:.•::iti:.,.. y:.s^�c:«:.,.,...::£•S;tii�i.yK �'�.. At:::i37�+:' .Sii1'si'si::: 35:i�s�:�' :»•-� .i'S::3••%�7:. — i:ai »:t34::�P:XiIi:Si> ':-:.Ii"'•ti�:1t,:3i:3�; `3.e;a:,rca,sis� 'i'aii£•"";'i;c^«:�ii :•��jrii�'sl�iii�tu: i=�"i'g•. ;�'r.�°a i Sri _ ii ti.i 11 V1'yff 302 0i.v 4:.do �x ' •'3iii£.T:Ci9 31i'sli�f�S'i:tt3hi. AGENDA REPORT TO: City Council September 8, 2005 FROM: Gary Crutchfie anager Workshop Mtg.: 9/12/05 Regular Mtg.: 9119105 SUBJECT: Capital Improvement Plan I. REFERENCE(S): 1. Proposed Resolution. 11. ACTION REQUESTED OF COUNCIL 1 STAFF RECOMMENDATIONS: 9112: Discussion 9/19: MOTION: I move to approve Resolution No. , adopting the new Capital Improvement Plan for fiscal years 2006-2011. III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS: A) The annual Capital Improvement Plan for 2006-2011 was presented to the City Council for discussion at the August 29 Special Meeting with no substantive changes identified at that time. V. DISCUSSION: A) Staff recommends Council identify any substantive changes it desires and schedule formal Council, approval of the Capital Improvement Plan at the September 19 business meeting, so the Capital Improvement Plan is in place while preparing the annual budget in October. 8(C) RESOLUTION NO. A RESOLUTION APPROVING THE CAPITAL IMPROVEMENT PLAN FOR CALENDAR YEARS 2006-2011. WHEREAS, staff has prepared the Capital Improvement Plan (CIP) which defines the capital projects proposed to be undertaken by the City over the'ensuing six years; and WHEREAS, on August 29 and September 12, 2005 the CIP was presented to the City Council for review and prioritization; NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS: Section 1. That the Pasco City Council hereby approves the Capital Improvement Plan (CIP) for calendar years 2006-2011 as the City's list of capital projects proposed to be undertaken by the City over the coming six years, with the understanding that implementation of any project listed in the CIP is subject to budget appropriation. PASSED by the City Council of the City of Pasco at its regular meeting this 19th day of September, 2005. Michael L. Garrison Mayor ATTEST: APPROVED AS TO FORM: Sandy Kenworthy Leland B. Kerr Deputy City Clerk City Attorney