HomeMy WebLinkAbout2006.09.18 Council Meeting Packet AGENDA
PASCO CITY COUNCIL
Regular Meeting 7:00 p.m. September 18, 2006
1. CALL TO ORDER
2. ROLL CALL:
(a) 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 Councihmembers 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 5,2006.
(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$2,500,267.07 ($103,054.97 in the form of Wire
Transfer Nos. 4599, .4606 and 4608 and, $2,397,212.10 consisting.of Claim Warrants.
numbered 156692 through 156846).
2. To approve bad debt write-offs for utility billing, ambulance, miscellaneous, cemetery, code
enforcement and Municipal Court non-criminal, criminal and parking accounts receivable in
the total amount of$267,059.57 and, of that amount, authorize $192,856.34.be turned over
for collection.
(c) Appointments to Regional Hotel/Motel Commission:
1. Agenda Report from Gary Crutchfield,City Manager dated September 8,2006.
2. Letter from Tri-Cities Visitor&Convention Bureau dated 8/29/06.
.3. Section 5 of Interlocal Agreement establishing Tri-City Regional Tourism Promotion Area.
To appoint Hermann Haastrup (Pasco Red Lion) to a two-year term on the Tri-Cities Regional
Hotel/Motel Commission;term to expire 8/30/08.
(d) Lodging Tax Advisory Committee Appointments:
1. Agenda Report from Gary Crutchfield, City Manager dated'September 14,2006..
2. Resolution No. 2314.
To confirm the Mayor's appointment of the following individuals to the 2006 Lodging Tax
Advisory Committee: Hotel Representatives: Michelle Olivas,Red Lion and Allison White, Sleep
Inn; User.Representatives: Carl Leth, Pasco Chamber of Commerce and Dorothy Schoeppach,
Pasco Downtown Development Association;City Council:Mike Garrison.
(e) Reject Bids for the Vehicle Storage Building:
1. Agenda Report from Gregory L. Garcia,Fire Chief dated September.5,2006.
To reject all bids received for the construction of the Vehicle Storage Building.
(f) Resolution No. 2980, a Resolution of the City of Pasco, Washington, regarding public records
requests and adopting the Washington State Attorney General's Model Rules..
1. Agenda .Report from Stan Strebel, Administrative & Community Services Director dated
August 18, 2006.
2. Proposed Resolution.
To approve.Resolution No. 2980, regarding public records requests and adopting the Washington
State Attorney General's Model Rules.
(g) Resolution No.2981,a Resolution allocating estimated 2007 Federal HOME Funds.
1. Agenda Report from Richard J. Smith, Community & Economic Development Director and
Cruz Gonzales,Urban Development Coordinator dated August 18,2006.
2. Resolution allocating 2007 HOME Funds.
To approve Resolution No.2981,allocating 2007 HOME Funds'.
(h) Resolution No. 2982, a Resolution approving the Program Yar 2007 Community Development
Block Grant Allocations and Annual Work Plana
1. Agenda Report from Richard J. Smith, Community &Economic Development Director and
Cruz Gonzales,Urban Development Coordinator dated August 21;2006.
2. 2007 Summary of CDBG Applications for Funding.
3. Planning Commission Minutes dated July 20, 2006 workshop meeting and August 17, 2006
Public Hearing and Planning Commission Action.
4. Resolution Approving 2007 Allocations and.Annual Work Plans.
To approve Resolution No. 2982,regarding the City's 2007 CDBG Allocations and Annual Work
Plan.
Regular Meeting 2 September 18,2006
(i) Resolution No. 2983, a Resolution supporting efforts made to determine the potential of Hanford
facilities to support the Global Nuclear Energy Partnership.
1. Agenda Report from Gary Crutchfield, City Manager dated September 6, 2006.
.2. Proposed Resolution.
To approve Resolution No. 2983, endorsing the TRIDEC proposal in relation to the Global
Nuclear Energy Partnership.
*(j) Resolution No. 2984, a Resolution accepting work performed by Ray Poland and Sons, Inc.,
under contract for the Butterfield Water Treatment Plant Raw Water Intake Piping Project No.
04-2-13.
1. Agenda Report from Robert J. Alberts, Public Works Director dated September 14, 2006.
2. Resolution.
To approve Resolution No. 2984, accepting the work performed by Ray Poland and Sons; Inc.,
under contract for the Butterfield Water Treatment Plant Raw Water Intake Piping, Project No.
04-2-13.
(RC) 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) Financial Services Manager: General Fund Operating Statement through August 31,2006.
(e)
7. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS
RELATING THERETO:
(a) Annexation Area #20 (MF#ANX06-002).
1. Agenda Report from David 1. McDonald, City Planner dated September 6,2006.
2. Proposed Annexation Ordinance and Vicinity Map.
3. Proposed Zoning Ordinance.
4. Report to Planning Commission dated 7/20106.
5. Planning Commission Minutes dated 7/20/06 and 8/17/06.
6. Annexation Petition.
(NOTE: references 4, 5 and 6 are in Council packets only; these items are available in the
Planning Office for public review.)
CONDUCT PUBLIC HEARING
Ordinance No. an Ordinance relating to annexation and annexing certain real
property to the City of Pasco.
MOTION: I move to adopt Ordinance No. , annexing certain real property to the
City of Pasco and, further, to authorize publication by summary only.
-AND-
Ordinance No. , an Ordinance assigning zoning to certain real property within the City
of Pasco.
MOTION: I move to adopt Ordinance No. establishing zoning for Annexation
Area#20 and, further,to authorize publication by summary only.
8. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS:
(a) Ordinance No. , an Ordinance of the City of Pasco, Washington, enacting a new Sign
Code; and repealing the existing Sign Code consisting of Chapter 17.02, 17.04, 17.08, t 7.10,
17.12, 17.14, 17.16, 17.20, 17.24, 17.28, 17.32, 17.36, 17.40, 17.44, 17.46, 17.48, 17.52, 17.56
and 17.60.
1. Agenda Report from David I. McDonald, City Planner dated September 14, 2006.
2. Revised Draft Ordinance.
MOTION: I move to adopt Ordinance No. , repealing Pasco Municipal Code Title 17 and
enacting a new Title 17 dealing with signs and, further, to authorize publication by summary
only.
Regular Meeting 3 September 18,2006
(b) Ordinance No. an Ordinance of the City of Pasco, Washington, amending Section
10.56.040 entitled "Parking Prohibited During Certain Hours on Certain Streets" and PMC
10.56.090 entitled "Schedule IV — Parking Prohibited During Certain Hours on Certain Streets"
prohibiting parking on East Lewis Place during certain hours on Saturdays and Sundays.
1. Agenda Report from Richard J. Smith, Community& Economic Development Director dated
September 14,2006.
2. Map.
3. Draft Ordinance,
MOTION: I move to adopt Ordinance No. , amending PMC Sections 10.56.040 and
10.56.090 to restrict parking on East Lewis Place and, further, authorize publication by summary
only.
9. UNFINISHED BUSINESS:
(None)
10. NEW BUSINESS:
*(a) Kurtzman Park Upgrades and Sun Willows Portable Restroom Project:
1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated
September 14, 2006.
2. Bid Tabulations.
(RQ MOTION: I move to award the contract for the Kurtzman Park Upgrades/Sun Willows Portable
Restroom Project to the low bidder, Tenant Contractors, Inc., in the amount of $111,49691,
including sales tax for the base bid and Alternates #1 and #2 and, further, authorize the City
Manager to sign the contract documents.
*(b) Franklin County Economic Development Grant Agreement:
1. Agenda Report from Gary Crutchfield, City Manager dated September 14, 2006.
2. Proposed Agreement.
MOTION: I move to approve the Interlocat Agreement with Franklin County for receipt of
economic development funds and, further, authorize the Mayor to sign the agreement.
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 18, Conference Room#1 — LEOFF Disability Board Meeting. (MAYOR
JOYCE OLSON and COUNCILMEMBER REBECCA FRANCIK)
2. 5:30 p.m., Wednesday, September 20, Roy's Smorgy — Good Roads Association Board Meeting.
(COUNCILMEMBER BOB HOFFMANN, Rep.; MAYOR JOYCE OLSON,Alt.)
3. 11:00 a,m. — 2:00 p.m., Thursday, September 21, Keewaydin Park, Kennewick — 13`x'Annual All-Senior-
Picnic. (ALL COUNCILMEMBERS INVITED TO ATTEND)
4. 12:00 p.m., Thursday, September 21, 322 W. Columbia Street — Pasco Downtown Development
Association Board Meeting. (COUNCILMEMBER TOM LARSEN,Rep.; MATT WATKINS,Alt.)
I
MINUTES
REGULAR MEETING PASCO CITY COUNCIL SEPTEMBER 5, 2006
CALL TO ORDER:
The meeting was called to order at 7:00 p.m. by Joyce Olson, Mayor.
ROLL CALL:
Councilmembers present: Rebecca Francik, Michael Garrison, Robert Hoffmann, Joe
Jackson, Tom Larsen, Joyce Olson, and Matt Watkins.
Staff present: Gary Crutchfield, City Manager; Leland B. Kerr, City Attorney; Stan
Strebel, Administrative & Community Services Director; Richard Smith, Community &
Economic Dev. Director; David McDonald, City Planner; Doug Bramlette, City
Engineer; Doyle Heath, Construction Engineer and Denise Mellene, Communication
Specialist.
The meeting was opened with the Pledge of Allegiance.
CONSENT AGENDA:
(a) Approval of Minutes:
Minutes of the Pasco City Council Meeting dated August 2I 2006.
(b) Bills and Communications:
To approve General Claims in the amount of$1,010,615.64 ($60,633.85 in the form of
Wire Transfer Nos.4596 and 4599 and, $949,981.79 consisting of Claim Warrants
numbered 156464 through 156691).
To approve Payroll Claims in the amount of$1,600,322.78, Voucher Nos. 35023 through
35218; and EFT Deposit Nos. 30011907 through 30012392.
(c) Resolution No. 2974, a Resolution accepting work performed by Booth
Construction under contract for the Water Filtration Plant Improvements, Project
No. 06-2-02.
To approve Resolution No. 2974, accepting the work performed by Booth Construction,
under contract for the Water Filtration Plant Improvements, Project No. 06-2-02.
(d) Resolution No. 2975, a Resolution accepting work performed by Transtate
Paving Company under contract for the SR 395 Argent Road Ramps/Airport
Business Park, Project No. 03-3-05.
To approve Resolution No. 2975, accepting the work performed by Transtate Paving
Company, under contract for the US 395 and Argent Road Ramp/Airport Business Park
Project, No. 03-3-05.
(e) Resolution No. 2976, a Resolution authorizing the transfer of personal
property surplus to City needs.
To approve Resolution No. 2976, authorizing the transfer of an ambulance to the
METRO Drug Task Force.
(f) Resolution No. 2977, a Resolution fixing the time and date for a public
hearing to consider the vacation of a portion of East Spokane Street and a portion
of North Front Avenue.
To approve Resolution No. 2977, fixing 7:00 p.m., October 2, 2006 as the time and date
for a public hearing to consider the proposed vacation.
(g) Resolution No. 2978, a Resolution fixing the time and date for a public
hearing to consider the vacation of a portion of North Montana Street.
3(a).1
MINUTES
REGULAR MEETING PASCO CITY COUNCIL SEPTEMBER 5, 2006
To approve Resolution No. 2978, fixing 7:00 p.m., October 2, 2006 as the time and date
for a public hearing to consider the proposed vacation.
MOTION: Mr. Watkins moved to approve the Consent Agenda as read. Mr. Jackson
seconded. Motion carried by unanimous Roll Call vote.
PROCLAMATIONS AND ACKNOWLEDGMENTS:
Mayor Olson presented Certificates of Appreciation for August 2006 "Yard of the
Month"to:
Jose and Marcelina Bahena, 919 N. Owen Avenue
Don and Vicki Lee, 1715 W. Henry Street
Buckley and Carol Bintorio, 4611 Valencia Drive
Robby Schuller, 9712 Percheron Drive
Mayor Olson presented a Certificate of Appreciation for August 2006 "Business of the
Month Appearance Award" to:
Grand Central Coffee Station, 2205 W. Court Street
REPORTS FROM COMMITTEES AND/OR OFFICERS:
Mr. Mike Garrison reported he attended the Tri-Cities Visitor and Convention Bureau
Board Meeting on August 24tn
PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND
RESOLUTIONS RELATING THERETO:
Easement Vacation--Public Utility Easement in Block 120 of Pasco Land
Company's First Addition (southwest corner of Oregon and Lewis Streets) (MF
#VAC-06-013).
Mr. David McDonald, City Planner, explained the details of the proposed
vacation.
MAYOR OLSON DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE VACATION.
FOLLOWING THREE CALLS FOR COMMENTS,EITHER FOR OR AGAINST, AND THERE
BEING NONE, MAYOR OLSON DECLARED THE PUBLIC HEARING CLOSED.
Ordinance No. 3787, an Ordinance vacating Public Utility Easements in Black 120,
Pasco Land Company's First Addition.
MOTION: Mr. Watkins moved to adopt Ordinance No. 3787, vacating the Public Utility
Easement in Block 120, Pasco Land Company's First Addition and, further, to authorize
publication by summary only. Mr. Jackson seconded. Motion carried.
ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS:
Resolution No. 2979, a Resolution of the City Council of the City of Pasco,
Washington, relating to the waterworks utility of the City, including the sanitary
sewerage system and the system of storm or surface water sewers as a part thereof;
declaring its intention to initiate the formation of Utility Local Improvement
District No. 143 to carry out a portion of the system or plan of additions to and
betterments and extensions of the waterworks utility specified and adopted by
Ordinance No. 3239 to provide for the expansion and extension and improvement of
the sewer collection system of the City, West of Road 100, all as applicable to such
utility local improvement district; and, fixing the date, time and place for a public
hearing on the formation of the proposed utility local improvement district.
Mr. Doyle Heath, Construction Engineer, explained;the details of the proposed .
ULID.
I
2
MINUTES
REGULAR MEETING PASCO CITY COUNCIL SEPTEMBER 5, 2006
Council and Staff discussed the cost of the ULID.
MOTION: Mr. Watkins moved to approve Resolution No. 2979, declaring Council's
intention to create U.L.I.D. 143 and, further, to set Monday, October 2, 2006 at 7:00 p.m.
for a public hearing on this matter in the Pasco City Council Chambers. Mr. Jackson
seconded. Motion carried. No—Larsen.
EXECUTIVE SESSION:
Council adjourned to Executive Session at 7:35 p.m. for approximately 30 minutes to
discuss litigation or potential litigation with legal counsel.
Mayor Olson called the meeting back to order at 8:01 p.m.
ADJOURNMENT:
There being no further business, the meeting was adjourned at 8:01 p.m.
APPROVED: ATTEST:
Joyce Olson, Mayor Sandy Kenworthy, Deputy City Clerk
PASSED and APPROVED this 18th day of September, 2006.
3
CITY OF PASCO
Council Meeting of:
September 18, 2006
Accounts Payable Approved
The City Council
City of Pasco, Franklin County, Washington
We,th undersigns hereby certify under penalty of perjury that the materials have been furnished,the
servic rfainst or the l bor performed as described herein and that the claim is a just,due and unpaid
oblig on he cit y nd that we are authorized to authenticate and certify to said claim.
G ry tchfielffjl, CityllAanager 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.s 4599,4606 and 4608 in the amount of$103,054.97, have been authorized;that Check No.s 156692 through
156846 are approved for payment in the amount of$2,397,212.10,for a combined total of$2,500,267.07 on this
18th day of September,2006.
Councilmember Councilmember
SUMMARY OF CLAIMSIWIRE TRANSFERS BY FUND:
GENERAL FUND:
Legislative 1,563.31
Judicial 16,436.94
Executive 3,060.08
Police 10,133.27
Fire 81362.66
Administration&Community Services 49,340.74
Community Development 1,609.16
Engineering 4,038.41
Non-Departmental 38,002.60
Library 1,888.86
TOTAL GENERAL FUND: 134,436.03
STREET 1,143,238.69
C. D. BLOCK GRANT 1,241.48
KING COMMUNITY CENTER 2,805.64
AMBULANCE SERVICE 5,357.30
CEMETERY 2,945.12
ATHLETIC PROGRAMS 2,647.43
SENIOR CENTER 3,589.54
MULTI MODAL FACILITY 2,323.34
RIVERSHORE TRAIL& MARINA MAIN 87.00
LITTER CONTROL 3,198.82
REVOLVING ABATEMENT 165.00
PARKS FUND 0.00
TRAC DEVELOPMENT 0.00
STADIUM/CONVENTION CENTER 504.91
SUN WILLOWS RESIDENTIAL DEVELOPMENT 43.68
METRO DRUG TASK FORCE 0.00
METRO DRUG FORFEITURE FUND 18.90
GENERAL CONSTRUCTION 2,802.94
WATER/SEW ER 1,008,303.47
EQUIPMENT RENTAL-OPERATING 21,188.07
EQUIPMENT RENTAL-REPLACEMENT 0.017
MEDICAUDENTAL INSURANCE 132,776.03
CENTRAL STORES 1,197.21
FIRE PENSIONS 0,00
PAYROLL CLEARING 31,396.47
LID CONSTRUCTION 0.00
GRAND TOTAL ALL FUNDS: $ 2,500,267.07
3b
AGENDA REPORT
FOR: City Council DATE: 09/13/2006
TO: Gary Crutchfie ager REGULAR: 09/18/2006
Stan Strebel,A nistrative&Community Services Director
FROM: Jim Chase, Fina ce Manager
SUBJECT: BAD DEBT WRITE-OFF'S/COLLECTION.
I. 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,
cemetery, code enforcement and Municipal Court non-criminal, criminal and parking
accounts receivable in the total amount of$267,059.57, and, of that amount, authorize
$192,856.34 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 off s
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.
6. CEMETERY—These are delinquent accounts over 120 days past due or statements are
returned with no forwarding address. Those submitted for collection exceed$10.00.
Amount
Direct Referred to Total
Write-offs Collection Write-offs
Utility Billing $ 631.63 7,337.07 7,968.70
Ambulance $ 73,571.60 17,001.40 90,573.00
Miscellaneous $ .00 114.65 114.65
Court A/R $ .00 161,034.00 161,034.00
Liens $ .00 4,350.00 4,350.00
Cemetery $ .00 3,019.22 3,019.22
TOTAL: $ 74,203.23 192,856.34 267,059.57
IV. ADMINISTRATIVE ROUTING:
cc: Dot French,Municipal Court Clerk
3(b).2
AGENDA REPORT
TO: City Council September 8, 2006
FROM: Gary Crate hf Manager Workshop Mtg.: 9/11/05 .
Regular Mtg.: 9/18106
SUBJECT: Appointments to Regional Hotel/Motel Commission
I. REFERENCE(S):
I. Letter from Tri-Cities Visitor& Convention Bureau dated 8129/06
2. Section 5 of Interlocal Agreement establishing Tri-City.Regional Tourism Promotion
Area
II. ACTION REQUESTED OF COUNCIL t STAFF RECOMMENDATIONS:
9/11: Discussion
9118: MOTION: I move to appoint Hermann Haastrup (Pasco Red Lion) to a two-year
term on the Tri-Cities Regional Hotel/Motel Commission; term to expire 8/30/08.
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 (Paul Beatty, former manager of the ,
Pasco Red Lion).
D). The Tri-Cities Hotel Lodging Association, as evidenced by the letter from the Tri-
Cities Visitor & Convention Bureau President, recommends, for the reasons outlined
in the letter dated August 29, that Mr. Beatty's position on the Commission be filled
by Hermann Haastrup (the new manager of the Pasco Red Lion) who would fill the
two-year term to expire August 30,2 00 8.
V. DISCUSSION:
A) Mayor Olson has discussed this appointment with Mr. Haastrup and recommends
that City. Council appoint Mr. Haastrup as recommended by the Tri-Cities Hotel
Lodging Association,without interview.
C, 3(c)
e�
C
\. I .
V{SITOR CONVEN-n0 BUREAJ
TRI-CITIES VISITOR&CONVENTION BUREAU
P.O.Box 2241 .
Tri-Cities,WA 99302-2241
509-735-8486
1-800-254-5824
Fjx 509-783-9005
August 29, 2006 www.VisitTri-Cities.com
i�o@VisitTri-Cities.com
Mr. Gary Crutchfield
City of Pasco.
525 N. 3rd Avenue
Pasco, WA 99301
Dear Mr. Crutchfield:
When the TPA Commission was formed in 2004, it was agreed that in order to prevent all
positions from expiring at the same time each city would have two representatives: each with
terms expiring on alternating years. The current Pasco representatives are Vijay Patel with the
AmeriSuites,whose term is up for renewal in August of 2007 and the position previously held by
Paul Beatty with the Red Lion Pasco which is currently vacant. The expiration date for that
position is August 31, 2006.
Tri-City Hotel & Lodging Association has voted to nominate Mr. Hermann Haastrup, who has
been appointed as the incoming General Manager at the Pasco Red Lion. It is the Tri-City Hotel
and Lodging Association's position that given the limited pool of candidates for each city,and
the importance of having a representative from the largest hotel in the Tri-Cities,the commission
and the industry would benefit from the leadership that Mr. Haastrup brings to the area. Since the
Interlocal Cooperation Agreement established in June of 2004 states in paragraph 5b that "two
voting members shall be selected by the Pasco City 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:
Hermann Haastrup/Pasco Red Lion: Mr. Haastrup is the preferred candidate for
the reasons listed above for the upcoming vacancy.
Allison White/Sleep Inn: Ms. White has agreed to fill the vacancy in the event
that the City does not approve Mr.Haastrup's'appointment t0he commission.
The Bylaws state that each commissioner can serve no more than two consecutive terms. This
will be the first term for Mr. Haastrup should he be successfully approved.
Please submit Hermann Haastrup as the Tri-City 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 approved,Mr.Haastrup's term would expire on August 30, 2008.
Please contact me directly if I can provide any additional information.
Sincerely,
Kris Watkins
President&CEO
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 Mote] 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. Er 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 oil the Tri-City Regional Hotel and Motel Commission
shall be filled by the appointing City, from ii 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 (314) 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 ResollttionS 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 m 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
S
I
AGENDA REPORT
TO: City Counci September 14, 2006
FROM: Gary Crutch r 1 Manager Regular Mtg.: 9/18/06
SUBJECT: Lodging Tax dvisory Committee Appointments
1. REFERENCE(S):
1. Resolution No.2314
Il. ACTION REQUESTED OF COUNCIL i STAFF RECOMMENDATIONS:
9/18 MOTION: I move to confirm the Mayor's appointment of the following individuals to
the 2006 Lodging Tax Advisory Committee:
Hotel Representatives: Michelle Olivas,Red Lion and Allison White, Sleep
Inn;
User Representatives: Carl Leth, Pasco Chamber of Commerce and Dorothy
Schoeppach, Pasco Downtown Development Association;
City Council: Mike Garrison.
111. FISCAL IMPACT:
None
IV. HISTORY.AND FACTS BRIEF:
A) The Lodging Tax Advisory Committee (LTAC) was established under Resolution No.
2314 in June 1997 to comply with state requirements imposed at that time relating to the
use of the city's lodging tax ("hotel/motel tax"). The committee met in 1997 and 1998
to perform its duty as expressed in Section 4 of Resolution No. 2314. The committee
was dormant for several years thereafter, as the committee itself concluded.that the
existing commitments to debt service (for the TRAC and baseball stadium facilities) and
tourism promotion (Visitor& Convention Bureau contract) left no real discretion to the
committee. However, in 2004, representatives of the hotel industry in Pasco requested
that the committee be revived. The City Council made new appointments to the
committee in July 2004,as follows:
• Hotel Representatives: Troy Woody (Red Lion) and Michelle Frisbee
(AmeriSuites).
• User Representatives: Roger Johnson (Pasco Chamber of Commerce) and
Veronica Yzquierdo (Pasco Downtown Development
Association).
• City Council: Mike Garrison.
B) Since the 2004 appointments,both of the user representatives have left their positions as
executive directors of the respective organizations, Troy Woody has left the Red Lion
and Michelle Frisbee has moved from the AmeriSuites to the Red Lion. The committee
currently only has two valid representatives (Ms. Frisbee and Mr. Garrison). In order to
fulfill its statutory obligation in accordance with the city's resolution, the City_Council
needs to make three appointments to the committee to fill the vacant representative
positions.
V. .DISCUSSION:
I
A) The appointments in the past have been structured so as to typically appoint the manager
of the Red Lion (representing the largest hotel in Pasco) and the manager of one of the
smaller facilities; since Ms. Frisbee is presently employed by Red Lion, it would be best
to appoint a representative from a smaller hotel. The user representative positions have
been the executive directors of the respective organizations noted (Pasco Chamber of
Commerce and Pasco Downtown Development Association); both organizations should
offer new representatives to fill the committee voids.
B) The Mayor has identified individuals willing to fill the current vacancies. Council is
required to confirm the nominees at the September 18 meeting so that the required
meeting of the Advisory Committee can occur timely for budget consideration.
3(d)
RESOI,IUDON NO.0
A RESOLUTION establishing a Lodging Tax Advisory Committee.
WHEREAS, the City of Pasco currently levies a lodging tax pursuant to
Chapter 67.28 RCW; and
WHEREAS, the State Legislature has enacted Substitute Senate Bill (SSB)
5867, enacted as Chapter 452, Laws of 1997, which modifies or repeals certain
previous lodging tax authority and adds new lodging tax authority; and
WHEREAS, SSB 5867 requires any new imposition of a lodging tax enacted
dunder Chapter 67.28 RCW in a city with a population over 5,000,be first submitted for
consideration to a lodging tax advisory committee not less than 45 days in advance of
final action on a lodging tax by the city; and
WHEREAA Senate Bill 5867 replaces the current lodging tax authority with a
new statutory scheme effective July 27,1997; and
WHEREAS,the City of Pasco relies on the receipts of the current lodging tax to
fulfill its contractual obligation to Franklin County for its share of the debt and
operating expenses associated with the TRAC facility, as well as the bonds issued to
finance construction of the professional baseball stadium in Pasco; and
WHEREAS, to ensure continued authorization for the imposition of the lodging
tax within the City of Pasco, it is deemed to be in the best interest of the city that a
lodging tax advisory committee be created immediately and that a proposal be
submitted to this committee regarding continuation of a lodging tax;
NOW, T19FRF.FOR , THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, DO RESOLVE AS FOLLOWS:
Section 1. There is hereby created a City of Pasco Lodging Tax Advisory
Committee to serve the functions prescribed in Senate Bill 5867, which was enacted as
Chapter 452, Laws of 1997.
Section 2. The membership of the lodging tax advisory committee shall
consist of five persons appointed by the City Council. One member shall be an elected
official of the city, who shall serve as chair. Two members shall be representatives of
businesses required to collect the tax and two members shall be persons involved in
activities authorized to be funded from revenue received from the tax. The City
Council will review the membership on an annual basis and make changes as
appropriate. Any appointments to the committee shall be made by the City Council.
Section S. The following persons are hereby appointed to initially serve as j
members of the lodging tax advisory committee:
(A) Elected Official: Councilman Mike Garrison.
(B) Businesses required tQ collect the lodging tau shall be represented by.
(1) Alan Paty, General Manager, Doubletree Hotel.
(2) Dorothy Hildebrant, Manager, Goal Post Motel.
i
(C) Persons involved in activities authorized to use proceeds of the lodging tax
shall be represented by-
(1) Dorothy Schoeppach, Executive Director, Pasco Chamber of
Commerce.
(2) Rosemary Doup6, Executive Director, Pasco Downtown Development
Association.
Section 4. In accordance with SSB 5867, the City Council shall submit to the
i lodging tax advisory committee, for its review and comment, proposals on the
imposition of any tax authorized under SSB 5867; any increase in the rate of such a
tax; repeal of any exemption from such a tax; or a change in the use of the revenue
received from such a tax. Comments by the committee should include an analysis of
the extent. to which the proposal will accommodate activities for tourists or increase
tourism and the extent to which the proposal will affect the long-range stability of the
special fund created for the lodging tax revenues.
Section 5. In accordance with Section 4 of this Resolution, the City Council
hereby submits to the lodging tax advisory committee the following proposal for its
immediate review and comment:
To ensure the continued levy of the'. lodging tax as
authorized by Chapter 67 .28 RCW, the city should re-
enact an Ordinance levying a special- excise tax on the
sale or charge made for furnishing of lodging that is
subject to tax under Chapter 82 . 08 RCW.
Section G. In order to take all steps necessary or indicated by SSB 5867 with
regard to re-enactment of lodging taxes levied by the city, the lodging tax advisory
committee is hereby requested to conduct its first meeting not later than June 30, 1997,
and to report back to the City Council its comments with respect to the tax proposal set
forth in Section 5 of this Resolution no later than July 19,1997.
Section7. This Resolution shall take effect immediately upon passage.
PASSED by the City Council of the City of Pasco at a regular meeting this 16th
day of June, 1997.
Charles D. Mbury, Alpyor /
ATTEST: v
Catherine D. Seaman, Deputy City Clerk
APPR O TO FORM
Leland x Kerr, City Attorney
Resolution establishing a Lodging Tax Advisory Committee - Page 2
AGENDA REPORT
FOR: City Council September 5, 2006
TO: Gary Crutchfi Manager Workshop Mtg.: 09/11/06
FROM: Gregory L. Ga ia, Fire Chief g4 Regular Mtg.: 09/18/06
SUBJECT: Reject the Bids for the Vehicle Storage Building
I. REFERENCE(S):
II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS:
09/11: Discussion
09/18: MOTION: I move to reject all bids received for the construction of the Vehicle
Storage Building.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
A) In the 2006 Capital Improvement Budget the City Council approved a new vehicle
storage building to be built at station 83 on Road 68. The budgeted amount was
$300,000.
V. DISCUSSION:
A) On August 23, 2006 four bids were opened and the lowest bidder was Siefken and
Sons at $420,823 plus an option to add brick veneer at an additional $20,200. The.
highest bid was from Fowler General Construction Company at $499,000 plus the
veneer at $15,420.
B) Since the building boom in the City all construction costs has soared beyond normal
cost.
C) Staff has opted to wait to construct the building in 2008 in hopes that the cost of
building materials and construction costs will stabilize and we can attract more
bidders. Therefore staff is asking the Council to reject all of the bids.
3(e)
AGENDA REPORT
FOR: City Council August 18, 2006
TO: Gary Crutchfi anager Workshop Mtg.: 9111/06
Regular Mtg.: 9/18/06
FROM: Stan Strebe strative and Community
Servic c or
SUBJECT: Public Records Requests and Adopting the Washington
State Attorney General's Model Rules
I. REFERENCE(S):
A. Proposed Resolution
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
9111: Discussion
9118: MOTION: "I move to adopt Resolution No. regarding public
records requests and adopting the Washington State Attorney
General's Model Rules.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
A) In 2005 the State Legislature revised the public records disclosure statutes and
directed the State Attorney General to develop advisory model rules regarding
public records requests for implementation by the various governments affected.
B) Staff has reviewed the model rules, and with the assistance of the City Attorney,
developed the attached resolution implementing the rules for the City. While the
City has generally been implementing the requirements of the statute as outlined,
the adoption of the rules provides clarity and a complete outline of the policies
and procedures regarding the maintenance and disclosure of public records.
C) Staff recommends adoption of the resolution.
3(f)
5
RESOLUTION NO.
A RESOLUTION OF THE CITY OF PASCO,
WASHINGTON, REGARDING PUBLIC RECORDS
REQUESTS AND ADOPTING THE WASHINGTON STATE
ATTORNEY GENERAL'S MODEL RULES
WHEREAS, the Washington State Legislature, in 2005, revised the public disclosure
statutes and directed the Washington State Attorney General's Office to adopt advisory model
rules for implementation by cities; and
WHEREAS, the City, in order to update its disclosure procedures consistent with the
recent legislative changes and to incorporate the model rules as a part of its procedures, NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES RESOLVE
AS FOLLOWS:
Section 1. AGENCY DESCRIPTION - CONTACT INFORMATION PUBLIC
RECORDS OFFICER.
A) The City of Pasco, is a Washington Municipal Corporation providing municipal
services. The City's central office is located at the Pasco City Hall, located at 525 North 3rd,
Pasco, WA.
B) Any person wishing to request access to public records of the City, or seeking
assistance in making such a request should contact the public records officer at:
Office of the City Clerk
City of Pasco
525 North 3rd
Pasco WA 99301
Office (509) 545-3402
Fax (509) 543-5727
e-mail address: CityClerkInfo @ci.pasco.wa.us
Information is also available at the City's web site at www.ci.pasco.wa.us.
C) The public records officer will oversee compliance with the act but another City
staff member may process a request. Therefore, these rules will refer to the public records
officer "or designee." The public records officer or designee and the City will provide the
"fullest assistance" to requestors; ensure that public records are protected from damage or
Resolution No. .
Public Records Request Page 1
disorganization; and prevent fulfilling public records requests from causing excessive
interference with essential functions of the City.
Section 2. AVAILABILITY OF PUBLIC RECORDS.
A) Hours for inspection of records. Public records are available for inspection and
copying during normal business hours of the City, Monday through Friday, 8:00 a.m. to 5:00
p.m., excluding legal holidays. Records must be inspected at the office of the City Clerk at City
Hall.
B) Records Index.
The City finds that maintaining an index is unduly burdensome and would interfere with
City operations. The requirement would unduly burden or interfere with City operations in the
following ways:
1} Given the number of different departments/divisions in the City, the
maintenance of a single index is impractical; and
2) Due to activity levels in the City, the type and number of records is
constantly changing.
C) Organization of records. The City will maintain its records in a reasonably
organized manner. The City will take reasonable actions to protect records from damage and
disorganization. A requestor shall not take City records from City offices, or that location
designated for the inspection of public records, without the permission of the public records
officer or designee. A variety of records is available on the City's web site at
www.ci.pasco.wa.us. Requestors are encouraged to view the documents available on the web
site prior to submitting a records request.
D) Making a request for public records.
1) Any person wishing to inspect or copy public records of the City should
make the request in writing on the City's request form, or by letter, fax, or e-mail
addressed to the public records officer and including the following information:
a) Name of requestor;
b) Address of requestor;
C) Other contact information, including telephone number and/or e-
mail address;
Resolution No.
Public Records Request Page 2
d) Identification of the public records adequate for the public records
officer or designee to locate the records; and
e) The date, and if presented at City Hall, the time of day of the
request.
2) If the requestor wishes to have copies of the records made instead of
simply inspecting them, he or she should so indicate and make arrangements to pay for
copies of the records or a deposit. Standard photocopies will be provided at 15 cents
(15¢) per page.
3) A form is available for use by requestor at the office of the public records
officer and online at www.ci.pasco.wa.us.
4) The public records officer or designee may accept requests for public
records that contain the above information by telephone or in person. If the public
records officer or designee accepts such a request, he or she will confirm receipt of the
information and the substance of the request in writing.
5) In the event the records requested in any department are readily available,
of a routine nature, and do not involve the interest of any other person, the public records
officer or the department head may authorize the immediate inspection and/or copying of
such record without the necessity of filing the request as provided in subsection (1)
above.
Section 3. PROCESSING OF PUBLIC RECORDS REQUEST - GENERAL.
A) Providing "fullest assistance." The City is charged by statute with adopting rules
which provide how it will "provide full access to public records," "protect records from damage
or disorganization, "prevent excessive interference with other essential functions of the City,"
provide "fullest assistance" to requestors, and provide the "most timely possible action" on
public records requests. The public records officer or designee will process requests in the order
allowing the most requests to be processed in the most efficient manner.
B) Acknowledging receipt of request. Within five (5) business days of receipt of the
request, the public records officer will do one or more of the following:
1) Make the records available for inspection or copying;
2) If copies are requested and payment of a deposit for the copies, if any, is
made or terms of payment are agreed upon, send the copies to the requestor;
3) Provide a reasonable estimate of when records will be available;
Resolution No.
Public Records Request Page 3
'F
4) If the request is unclear or does not sufficiently identify the requested
records, request clarification from the requester. Such clarification may be requested and
provided by telephone. The public records officer or designee may revise the estimate of
when records will be available; or
5) Deny the request.
C) Consequences of failure to respond. If the City does not respond in writing within
five (5) business days of receipt of the request for disclosure, the requester should consider
contacting the public records officer to determine the reason for the failure to respond.
D) Protecting rights of others. In the event that the requested records contain
information that may affect rights of others and may be exempt from disclosure, the.public
records officer may, prior to providing the records, give notice to such others whose rights may
be affected by the disclosure. Such notice should be given so as to make it possible for those
other persons to contact the requestor and ask him or her to revise the request, or, if necessary,
seek an order from a court to prevent or limit the disclosure. The notice to the affected persons
will include a copy of the request.
E) Records exempt from disclosure. Some records are exempt from disclosure, in
whole or in part. If the City believes that a record is exempt from disclosure and should be
withheld, the public records officer will state the specific exemption and provide a brief
explanation of why the record or a portion of the record is being withheld. If only a portion of a
record is exempt from disclosure, but the remainder is not exempt,the public records officer will
redact the exempt portions, provide the nonexempt portions, and indicate to the requestor why
portions of the record are being redacted.
F) Inspection of records.
1) Consistent with other demands, the City shall promptly provide a location
to inspect public records. No member of the public may remove a document from the
viewing area or disassemble or alter any documents. The requestor shall indicate which
documents, if any, he or she wishes the City to copy.
2) The requestor must claim or review the assembled records within thirty
(30) days of the City's notification to him or her that the records are available for
inspection.or copying. The City will notify the requestor in writing of this requirement
and inform the requestor that he or she should contact the City to make arrangements to
claim or review the records. If the requestor or a representative of the requestor fails to
claim or review the records within the thirty-day period or make other arrangements, the
City may close the request and refile the assembled records. Other public records
Resolution No.
Public Records Request Page 4
requests can be processed ahead of a subsequent request by the same person for the same
or almost identical records, which can be processed as a new request.
G) Providing copies of records. After inspection is complete, the public records
officer or designee shall make any requested copies or arrange for copying.
(H) Providing records in installments. When the request is for a large number of
records, the public records officer or designee will provide access for inspection and copying in
installments, if he or she reasonably determines that it would be practical to provide the records
in that way. If, within thirty (30) days, the requestor fails to inspect the entire set of records or
one or more of the installments, the public records officer or designee may stop searching for the
remaining records and close the request.
1) Completion of inspection. When the inspection of the requested records is
complete and all requested copies are provided, the public records officer or designee will
indicate that the City has completed a diligent search for the requested records and made any
located nonexempt records available for inspection.
J) Closing withdrawn or abandoned request. When the requestor either withdraws
the request or fails to fulfill his or her obligations to inspect the records or pay the deposit or
final payment for the requested copies, the public records officer will close the request and
indicate to the requestor that the City has closed the request.
K) Later discovered documents. If, after the City has informed the requestor that it
has provided all available records, the City becomes aware of additional responsive documents
existing at the time of the request, it will promptly inform the requestor of the additional
documents and provide them on an expedited basis.
Section 4. EXEMPTIONS.
A) The Public Records Act provides that a number of types of documents are exempt
from public inspection and copying. In addition, documents are exempt from disclosure if any
"other statute" exempts or prohibits disclosure. Requestors should be aware of other exemptions,
outside the Public Records Act, that restrict the availability of some documents held by the City
for inspection and copying. A list of such laws is available at the office of the City Clerk and
may be available at the City's website.
B) The City is prohibited by statute from disclosing lists of individuals for
commercial purposes.
Section 5. COSTS OF PROVIDING COPIES OF PUBLIC RECORDS.
Resolution No.
Public Records Request Page 5
A) Costs for paper copies. There is no fee for inspecting public records. A requestor
may obtain standard black and white copies for 15 cents (15¢) per page.
Before beginning to make the copies, the public records officer or designee may require a
deposit of up to ten percent of the estimated cost of copying all the records selected by the
requestor. The public records officer or designee may also require the payment of the remainder
of the copying cost before providing all the records, or the payment of the cost of copying an
installment before providing that installment. The City will not charge sales tax when it makes
copies of public records.
B) Costs for electronic records. The costs of electronic copies of records shall be One
Dollar ($1.00) for information on a floppy disk and One Dollar ($1.00) for information on a CD-
ROM.
C) Costs for specialized services. In the event that it is necessary for the City to
secure the services of an outside source for copying (due to the size of the request or for copying
blueprints, tapes or video recordings), the requestor shall be required to pay the actual costs of
such service.
D) Costs of mailing. The City may also charge actual costs of mailing, including the
costs of the shipping container.
E) Payment. Payment may be made by cash, check or money order to the City.
Section 6. REVIEW OF DENIALS OF PUBLIC RECORDS.
A) Petition for internal administrative review of denial of access, Any person who
objects to the initial denial or partial denial of a records request may petition in writing
(including e-mail) to the public records officer for a review of that decision. The petition shall
include a copy of, or reasonably identify, the written statement by the. public records officer or
designee denying the request.
B) Consideration of petition for review. The public records officer shall promptly
provide the petition and any other relevant information to the City Attorney. The City Attorney
will immediately consider the petition and either affirm or reverse the denial within two business
days following the City's receipt of the petition, or within such other time as City and the
requester shall mutually agree. The comments incorporated in Chapter WAC 44-14 may be
relied upon as authority for determinations made by the City in applying or interpreting this
Resolution.
C) Review by the Attorney General's Office. Pursuant to RCW 42.17.325/42.56.530,
if the City denies a requestor access to public records because it claims the record is exempt in
Resolution No.
Public records Request Page 6
whole or in part from disclosure, the requestor may request the attorney general's office to review
the matter. The attorney general has adopted rules on such requests in WAC 44-06-160.
D) Judicial review. Any person may obtain court review of denials of public records
requests pursuant to RCW 42.17.340/42.56.550 at the conclusion of two business days after the
initial denial regardless of any internal administrative appeal.
Section 7. The City Manager is hereby authorized and directed to institute such
administrative policies and practices as necessary and appropriate to fully affect this policy.
PASSED by the City Council of the City of Pasco, Washington; at its regular meeting on
the day of. , 2006.
Joyce Olson
Mayor
Attest Approved as to Form:
Debra L. Clark Leland B. Kerr
City Clerk City Attorney
Resolution No.
Public Records Request Page 7
AGENDA REPORT NO. 78
FOR: City Council Date: August 18, 2006
TO: Gary Crutchfi I anager Workshop: 9/11/06
Regular: 9/18/06
FROM: Richard J. Smi h, Director
Community & conomic Development
Cruz Gonzalez, Urban Development Coordinator '
SUBJECT: 2007 HOME Fund Allocation
I. REFERENCE(S):
A. Resolution allocating 2007 HOME funds.
Il. ACTION RE VESTED OF COUNCIL/STAFF RECOMMENDATIONS:
9/11/06 DISCUSSION
9/18/06: MOTION; I move to approve Resolution No, allocating
2007 HOME funds.
III. FISCAL IMPACT
$198,304 Federal HOME funds.
IV. HISTORY AND FACTS BRIEF:
A. Pasco entered into a HOME Consortium Agreement with Richland and
Kennewick in 1995 making the City eligible for Federal HOME funds. In
April 2005, this Agreement was extended to 2007.
B. The Redevelopment Strategy Plan, accepted by Council in 2004,
recommended that assistance programs be concentrated in two
neighborhoods in the vicinity of Longfellow School and the Franklin
County Historical Museum.
C. On November 7, 2005 City Council authorized a Professional Services
Agreement with Creative Housing Solutions to administer the City of
Pasco's Community Housing Improvement Program (CHIP), a housing
rehabilitation and down payment assistance program in those
neighborhoods, for an amount not to exceed $695,000.
D On November 21, 2005 City Council authorized the use of the 2006
HOME award to be used for housing rehab and down payment
assistance for home buyers in the Longfellow and Museum area.
E. On August 14, 2006, City Staff presented to City Council an update on
the CHIP. As of June 30, 2006 there were 2 rehabs completed and 14
rehab projects in progress. There were no first time homebuyer down
payment assistance loans completed.
F. It is estimated that in 2007 Pasco will receive funds totaling $198,304.
Staff is recommending that these funds be used for housing rehab for
home owners within the Longfellow and Museum area. It is expected that
the $198,304 would be used for the rehab of approximately 7 homes.
G. The City of Richland, administrator for the HOME Consortium, needs the
City of Pasco's determination for use of funds by October 2, 2006.
3(9)
Reference A
RESOLUTION NO. UI
A RESOLUTION ALLOCATING ESTIMATED 2007 FEDERAL HOME FUNDS.
WHEREAS, the City of Pasco entered into an Agreement with Kennewick and Richland
in 2004 continuing participation in a Consortium originally formed in 1996 under the Home
Investments Partnership (HOME) Program; and
WHEREAS, the Consortium allows the three cities to be eligible for federal HOME
funds; and
WHEREAS, it is estimated that the City of Pasco will receive $198,304 federal HOME
funds in 2007; Now, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO:
Section 1. The City Council allocate 2007 HOME funds in the following manner:
$198,304 for housing rehabilitation.
PASSED by the City Council of the City of Pasco this day of , 2006.
CITY OF PASCO:
Joyce Olson
Mayor
ATTEST: APPROVED AS TO FORM:
Sandy L. Kenworthy Leland B. Kerr
Deputy City Clerk City Attorney
AGENDA REPORT NO. 77
FOR: City Council DATE: August 21, 2006
WORKSHOP: 9/11/2006
TO: Gary Crutchfie anager REGULAR: 9/18/2006
FROM: Richard J. Smith, Director
Community & Economic Development
Cruz Gonzalez, Urban Development Coordinator
SUBJECT: 2007 Community Development Block Grant Program Allocations and
Annual Work Plan
I. REFERENCE(SI:
A. 2007 Summary of CDBG Applications for Funding
B. Planning Commission Minutes July 20, 2006 Workshop and August 17, 2006
Public Hearing and Planning Commission Action
C. Resolution Approving 2007 Allocations and Annual Work Plans
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
9/11/2006: DISCUSSION
9/18/2006: MOTION: I move to approve Resolution No �regarding the City's
2007 CDBG Allocations and Annual Work Plan.
III. FISCAL IMPACT
It is estimated for 2007, there will be approximately $675,000 available including
an entitlement grant of$650,000 from the U.S. Department of Housing and Urban
Development, plus $25,000 of program income.
IV. HISTORY AND FACTS BRIEF:
A. A summary of requests for 2007 CDBG funds is attached (Reference "A"). The
City received eighteen (18) requests for funds totaling $1,377,498. A total of
approximately $675,000 is estimated to be available.
B. All proposed activities are eligible for funding under U.S. Housing and Urban
Development Department regulations. HUD regulations state that the amount
of CDBG Funds obligated within a program year to support public service
activities may not exceed 15% of the total entitlement plus program income.
C. The Planning Commission held a Workshop and Public Hearing on July 20,
2006 & August 17, 2006. The Public Hearing which was advertised in the Tri-
City Herald .and in La Voz in Spanish, solicited public comment on
applications for funding from Pasco's 2007 Community Development Block
Grant Program. At the workshop Twelve (12) people made presentations
relating to their proposals. Planning Commission action was on August 17,
2006.
V. DISCUSSION
A. At the August 17, 2006 City Planning Commission meeting, staff presented
recommendations for funding. The Planning Commission recommended that
the staff funding recommendations be approved.
B. It is necessary that Pasco's Annual Plan be ' submitted to HUD by
November 15, 2006. It is recommended the funding as outlined in the
summary of 2006 Planning Commission recommendations be approved.
3(h)
Reference A
2007 CDBG FUND SUMMARY
CDBG STAFF PLANNING CITY
ACTIVITY I AGENCY NAME REQUEST RECOMMEND COMMISSION COUNCIL
RECOMMEND APPROVAL
1 Program Administration 1 City of Pasco
120,000 117,000 117,000
2 Code Enforcement/City of Pasco
48,000 48,000 48,000
3 *MLK Center I City of Pasco
. 37,500 35,000 35,000
4 1*Senior Center/City of Pasco
37,500 31,250 31,250
5 *Civic Center!City of Pasco
37,500 35,000 35,000
6 1MLK Center Gym Remodel/City of Pasco
40,000 40,000 40,000
7 Downtown Streetscape Improvement Project/
City of Pasco 300,000 - -
8 Downtown Facade Improvement 1 City of .
Pasco 80,000 40,000 40,000
9 Downtown Micro-Loan Program 1 City of
Pasco 200,000 -
10 Curb, Gutter, Sidewalk&Roadway
Improvements/City of Pasco 90,000 138,750 138,750
11 Job Training and Worker Incentive Program
(JTW1P)I Mission Possible 39,714 - -
12 Volunteer Chore Services 1 Catholic Family&
Child Service 20,000 20,000 20,000
13 'Equal Access to Health Care/Benton
Franklin Access to Care 60,000 - -
14 Broetje Orchards Casa LLC Tierra Vida
Development/La Clinica 50,000 - -
15 Energy Efficient Healthy House Program I
Benton Franklin Community Action Comm 20,000 20,000': 20,000
16 1 Pasco Specialty Kitchen/PDDA
60,000 50,OOQ 50,000
17 Building& Roofing Project!Boys&Girls Club
113,284 100,000 100,000
18 *Program for Low Income Active Youngsters
(PLAY)I Three Rivers Children's Museum
TRCM 24,000 - -
TOTAL 1,377,498 675,000 675,000 -
Estimated FY 2007 Entitlement $ 650,000
Program Income $ 25,000
Total Funds Available $ 675,000
* Public Services subject to 15%cap.
CITY OF PASCO
2007 COMMUNITY DEVELOPMENT BLOCK GRANT
PROPOSAL SUMMARIES
1. PROGRAM ADMINISTRATION ($120,000)1:
The Community& Economic Development Department is requesting funds to offset the
City's costs for operating the Community Development Block Grant (CDBG) Program
for 2005. HUD regulations specify that a maximum 20% of the program allocation can
be spent on administration.
2. CODE ENFORCEMENT ($48,000):
The Community Development Department is requesting funds to help defray the
expenses of operating a Code Enforcement Program to address blighted conditions and to
create a more viable living environment for low to moderate-income families in low to
moderate-income areas in Pasco. This amount covers part of the program delivery costs
of code enforcement officers who are responsible for these areas in Pasco.
3. M.L.K. COMMUNITY CENTER RECREATION SPECIALIST ($37,500):
The Administrative & Community Services Department is requesting partial funding for
a full time staff person to manage youth programs at the Martin Luther King Community
Center. The Center, located in a low-income neighborhood provides a range of
recreational opportunities for area youth. The highest concentration or minority students
live around the Martin Luther King Center. Programs are coordinated with the YMCA,
Salvation Army, and Campfire USA.
4. SENIOR CENTER($37,500):
The Administrative & Community Service Department is requesting funds to support
senior citizens programming at the senior center. Funds are used for staff and program
costs. Programming has increased for seniors over the past several years and the
increased activity level necessitates continuing these services. Primary beneficiaries are
the City's low-income elderly.
5. CIVIC CENTER RECREATION SPECIALIST ($37,500):
The Administrative & Community Service Department is requesting funding for a staff
person to manage recreation programs at the Civic Center Activity Building. The
majority of these programs serve area youth (preschool through school age). Programs
are offered during the school year and summer. Programs are targeted to "at-risk" youth.
Most participants walk to the facility, located in low-moderate'income neighborhoods.
1
6. MLK CENTER GYM REMODEL ($40,000):
Convert 1,700 sq fl;of existing unusable space to a single large room. This space will
provide programmable space for young Iadies and girls of low-mod income who have
been underserved because of restricted facilities. The program that will be expanded will
utilize the YMCA character development model. The additional space will also allow for
a greatly expanded computer lab/homework center and a multi-purpose classroom.
7. DOWNTOWN STREETSCAPE IMPROVEMENT PROJECT ($300,000):
The streetscape improvement project will create new decorative sidewalks, pavers, curbs,
gutters, street furniture, and lighting to the downtown area. This will enhance the look of
the downtown commercial district,providing opportunities for greater marketability.
8. DOWNTOWN FACADE IMPROVEMENT PROGRAM($80,000)
CDBG funds to be used as matching grants to encourage downtown property owners to
improve their facades. This request for additional funds will allow the program to
continue into 2007.
9. DOWNTOWN PASCO MICRO-LOAN PROGRAM ($200,000):
The Micro-Loan Program will offer low interest loans to merchants that have a business,
will relocate, or start a new business within the predefined boundaries in Downtown
Pasco, It will be required that proposals have job creation of at least one Full Time
Equivalent (FTE) for every $35,000 borrowed. These loans will be higher risk than
conventional type loans. The maximum loan amount will be $70,000.
10. CURB,GUTTER, SIDEWALK AND ROADWAY IMPROVEMENTS ($90,000):
The project will install new curb, gutter, sidewalk and roadways or repair and update the
existing infrastructure throughout the proposed project area in East Pasco. The existing
infrastructure in this area is incomplete or in some portions non-existent.
11. JOB TRAINING & WORKER INCENTIVE PROGRAM (JTWIP) ($39,714):
Develop a job training and worker incentive program to provide career assessment, `soft
skill' and enhanced job training, employment referral, and educational guidance to 180
low-income or high priority individuals seeking employment. A full time Training
Coordinator will be hired of which half will be funded by CDBG. The Coordinator will
establish a collaborative relationship with the local and regional Community Service
Offices (CSO), area labor and employment programs, and other related social service
organizations to create and establish a successful recruitment, referral and job training,
system to connect low-income and high priority individuals with employment
opportunities.
"6
2
12. VOLUNTEER CHORE SERVICES ($20,000):
This organization is requesting funds to purchase materials to support volunteers who do
home repairs and build ramps for low-income elderly residents in Pasco. Volunteers
come from a wide variety of sources through out the Tri-Cities, which includes many
different faith-based organization, individuals and Hanford groups
13. EQUAL ACCESS TO HEALTH CARE ($60,000):
The program will assign or help navigate uninsured residents whose household income is
at or below the 200% Federal Poverty Level, to the medical care they need. This can
include, but is not limited to medical appointments, pharmaceuticals, medical tests,
medical equipment etc. Since the agency's inception in March 2005, the Benton Franklin
Access to Care has assisted 624 Pasco residents.
14. BROETJE ORCHARDS CASA LLC TIERRA VIDA DEVELOPMENT ($50,000):
Purchase of 10 developed lots in East Pasco to build affordable Self-Help homes for 10
low income families. The families served will be from 30-80% of median income.
CDBG proceeds will be given back to the 10 families as a five year forgivable down
payment assistance subsidy.
15. ENERGY EFFICIENT HEALTHY HOUSE PROGRAM($20,000):
The program provides assistance to increase the energy efficiency of homes owned or
rented by low-income households. Correct combustion related indoor air quality
problems and to provide energy conservation education to the low-income consumers.
16. COMMERCIAL KITCHEN ($60,000):
The Commercial Kitchen is a business incubator that is available 24 hours a day. They
offer assistance to businesses in regards to licensing, insurance needs, labeling, permits
needed, training and business plan development. The Kitchen is located in a low to
moderate-income area and will be an area benefit, which will also help support the
Farmers Market. It is anticipated to create jobs for low to moderate-income persons and
create small businesses, which will increase the volume of business in the Farmers
Market. Additionally, educational institutions utilize the facility for culinary instruction
thereby increasing revenues.
17. BOYS & GIRLS CLUB BUILDING& ROOFING PROJECT ($113,284):
The current Boys & Girls Club building is over 50 years old. Only a few sections have
been replaced but that was over 20 years ago. This 50 year old roof continues to
deteriorate, thus compromising the 20 year old repairs. There are 3 roofs, but only 2
3
i
roofs will be replaced at this time. This would improve the operating efficiency of the
building, and protect the entire building from further deterioration because of leaks into
the electrical system, HVAC system and interior walls.
18. PROGRAM FOR LOW INCOME ACTIVE YOUNGSTERS (PLAY) ($24,000):
The Three Rivers Children's Museum (TRCM) is a non-profit educational facility that
opened in 1991. It provides a hands-on educational facility designed for children ages 2-
10. The PLAY program targets low income families with children. CDBG funds will be
used to purchase and install 2-3 new science exhibits to accommodate a larger number of
children. It will also be used to hire an additional staff member to coordinate a program
specifically designed to attract low-income families. In addition it will be used for
transportation of students from class to Museum via BF transit buses.
4
REFERENCE B
REGULAR MEETING July 20, 2006
PLANNING COMMISSION MINUTES JULY 20, 2006
WORKSHOP:
A. Community 2007 Program Year Presentations by Agencies
Development Requesting Funds
Block Grant
Staff explained to the Commission that this workshop will provide the agencies who have
requested Community Development Block Grant funds an opportunity to present their
proposals to the Commission. The Commission may then ask any questions regarding
the proposals before they make their recommendations regarding awarding of funds; the
Commissions recommendations will be forwarded to the City Council following next
month's meeting of the Planning Commission.
The first proposal presented was for the Community and Economic Development
Department for program administration. The funds requested would offset the City's costs
for operating the Block Grant Program for 2007. HUD regulations specify that a maximum
of 20% of the program allocation can be spent on administration.
Commissioner Anderson asked why the amount requested to manage the Block Grant
Program was 20%; he felt that an appropriate percentage for project Management would be
between five and ten percent.
Staff responded that several staff positions are partially funded out of this fund; utilizing
the funds in this manner frees up monies in the general fund that are not eligible for block
grand funds.
The next request was also from the Community Development Department; for funding to
defray the expenses of operating a Code Enforcement Program to address blighted
conditions in low to moderate income areas of the City.
Commissioner Rose asked if the Code Enforcement activities couldn't be expanded into the
other areas of the City as well.
Staff responded that Code Enforcement is active in all areas of the City; CDBG funds are
utilized to fund enforcement in this particular area of the City.
Steve Halleran presented a request on behalf of the YMCA Cooperative Investment for
partial funding for a full time staff person to manage programs at the Martin Luther King
Community Center.
Stan Strebel spoke on behalf of the Administrative and Community Services Department
and requested funds to support senior citizens programming at the senior center. Funds
would be used for staff and programming costs.
Mr. Strebel also requested, on behalf of the Administrative and Community Services
Department, funds for a staff person to manage recreation programs at the Civic Center
Activity Building. The majority of these programs serve area "at risk" youth (preschool
through school age) and are available during the school year and summer.
Mr. Strebel's last request was on behalf of the Martin Luther King Center, which has
requested funds to convert 1,700 sq. ft. of unusable space into a single large room to
provide programmable space for young ladies who have been previously underserved.
- 1 -
Commissioner Samuel asked if the positions Mr. Strebel referenced in the proposals he
presented were current positions.
Mr. Strebel confirmed that they are current positions.
Commissioner.Samuel then asked what the impact of not funding these proposals would
be.
Mr. Strebel responded that the Administrative Services Department would then have to
request that the City Council fund the positions from the general fund.
Commissioner Samuel asked if the funds were not approved, would the facilities be shut
down, the individuals be laid off, etc.
Mr. Strebel responded that if the funds were not approved, the programs would have to be
discontinued.
The next proposal came from Downtown Streetscape Improvement Project. The request
was for funds to create decorative sidewalks, pavers, curbs, gutters, street furniture and
lighting in the downtown area. These improvements will enhance the downtown and
improve marketability.
Next the Downtown Fagade Improvement Program requested funds to be used as matching
grants to encourage downtown property owners to improve their facades.
Staff advised the Commission that Item number 7. on their list of proposals was being
withdrawn due to additional planning and design work needed prior to moving forward
with its inception.
Commissioner Shouviller asked if this item was removed, how the funds assigned to it
would be allocated.
Staff explained that the funds illustrated next to each item were a request, not a budget
amount. The Commission will need to recommend which items they would like to see
funded at what amounts.
Commissioner Anderson asked if the Commission was required to stick to the proposed
amounts, or if they could recommend different amounts than the amounts listed.
Staff responded that the Commission could recommend whatever amounts they deemed
appropriate.
The Downtown Micro-Loan Program requested funds to.,-offer low interest loans to
merchants that have a business or will relocate or start,.a new business within the
predefined boundaries in Downtown Pasco. The proposals have job creation requirements
of at least one full-time equivalent for every 35,000 borrowed.
The next proposal was a request for funds to install new curb, gutter, sidewalk and
roadways or repairs and updates to the existing infrastructure throughout a proposed
project area in East Pasco.
2 -
Jennifer Martinez of Mission Possible appeared before the Commission to present the next
proposal for a Job Training and Worker Incentive Program. The program would develop a
job training and worker incentive program to provide career assessment and enhanced job
training, employment referral, and educational guidance to 180 low income or high priority
individuals seeking employment.
Commissioner Anderson asked what the difference .was between the services this program
would provide and the services that are currently provided by the Benton Franklin
Workforce Development Council.
Ms. Martinez responded that they wished to create more of a,referral system and a greater .
outreach system to the business community.
Commissioner Schouviller asked how long the organization has been in operation.
Ms. Martinez responded that they received their 501(c)3 in December of 2005.
Commissioner Schouviller then asked what the size of their staff was, and where they are
located.
Ms. Martinez responded that they have four staff and are located in Pasco.
Chairman Little asked what other types of funding they receive.
Ms. Martinez replied that they have applied for other grants, are doing fund raising
activities.
The next proposal was presented by Sherry Hallman of Catholic Family and Child Services.
The Volunteer Chore Services program has requested funds to purchase materials to
support volunteers who do home repairs and build ramps for low income and elderly
residents in Pasco.
Chairman McCollum asked how many years they have been doing this type of work.
Ms. Hallman responded that she has been with the organization for ten years and she
believes they have been doing it for at least that long.
Commissioner Little asked what the average cost of a wheelchair ramp is.
Ms. Hallman responded that the average cost is approximately three to five hundred
dollars. The money they receive goes entirely to materials; all labor is volunteer work.
Chris Call of Benton Franklin Equal Access to Health Care made the next request for
funds. Their program would assign, or help navigate uninsured residents whose
household income is at or below the 200% Federal Poverty Level, to the medical care they
need. Since the agency's inception in March 2005, the agency has assisted 624 Pasco
residents.
Commissioner Samuel asked if the impact of not getting the sfunding would be closure of
- 3 -
the program.
Ms. Call confirmed that would be the case.
Commissioner Samuel then asked where they are located and how many staff members
they have.
Ms. Call responded that they are located at 320 N. Johnson in Kennewick and have 9 staff
members.
Kim Saba of La Clinica made the next request for funds. Their proposal would provide for
the purchase of 10 developed lots in East Pasco to build affordable Self-Help homes for 10
low income families. The CDBG proceeds will be given back to the 10 families as a five
year forgivable down payment assistance subsidy.
Commissioner Samuel asked how many years La Clinica has been operating in the area.
Ms. Saba responded that they have been in operation for thirteen years.
Commissioner Samuel then asked how many houses have been constructed in that time.
Ms. Saba replied that they have constructed 180 homes so far; eleven additional homes are
under construction right now and ten more are scheduled to begin in September.
Commissioner Rose asked if they are connected to Habitat for Humanity.
Ms. Saba responded that they will be partnering with Habitat for Humanity. She stressed
that they are not in competition, they work together.
Dave Odom of the Benton Franklin Community Action Committee presented a proposal for
the Energy Efficient Healthy House Program. This program provides assistance to increase
.the energy efficiency of homes owned or rented by low income households.
Commissioner Samuel asked how they identify the homes that they select for
improvements.
Mr. Odom responded that they target homes owned by the elderly and disabled; they
receive applications from the Energy Assistance Program of the Community Action
Committee.
Commissioner Samuel then asked if the money would be held for residences specifically in
Pasco or if it would go into the general fund.
Mr. Odom responded that the funds have to remain in Pasco.
Dorothy Shoeppach presented the next proposal for the Pasco Specialty Kitchen, which is a
business incubator that is available 24 hours a day. The Commercial Kitchen offers
assistance to businesses in regards to licensing, insurance needs, labeling, permits,
training and business plan development. The kitchen is anticipated to generate jobs for
low to moderate income persons and create small business, which will increase the volume
4
of business in the Farmers Market.
Commissioner Samuel asked if funds were requested for the Kitchen last year, and if so
were they received.
Ms. Shoeppach responded that they received $65,000 in funds last year.
Commissioner Little asked if there was any information available regarding how many
businesses have been served, how many jobs have been created, etc.
Ms. Shoeppach replied that at current, there are eighteen full-time equivalent jobs. She
says that the number of jobs varies during the different seasons of the year.
Commissioner Samuel asked if there is any other source of funding for the kitchen.
Ms. Shoeppach responded that the only other fee is the rental fee that the users of the
kitchen pay for the time they are in the kitchen. She added that they try to keep the rental
fees low to accommodate the low to moderate income entrepreneur.
Commissioner Little asked when Ms. Shoeppach thought the kitchen would be profitable.
Ms. Shoeppach replied that every year is a challenge. The other kitchens she has
contacted that operate in a similar fashion and have been operating for several more years
than this one are still not operating at a profit. The challenge comes from trying to operate
at a level that is attractive to the low to moderate income entrepreneur.
Greg Falk of the Boys and Girls Club requested funds for replacing roofs on two of three
City-owned buildings currently in use by the organization.
Commissioner Rose asked where the facility is located.
Mr. Falk responded that the facilities are located at 801 N. 18th, in the old Emerson
Elementary School.
Commissioner Schouviller asked if the amount requested was equal to the full cost of
repairing the roofs of the buildings.
Mr. Falk replied that it was equal to the full cost of repairs.
Commissioner Schouviller asked if there was potential for alternative sources of funding.
Mr. Falk responded that while they are successful at raising funds for operating costs, they
are not as successful at raising capital funds. He added that people are not as willing to
donate funds to repair a City-owned building.
Chairman McCollum asked how many children are served in the buildings.
Mr. Falk responded that they have 2,500 members and that on any given day, between 150
and 200 children are in the buildings.
- 5 -
Cindy Morris presented the last proposal for the Three Rivers Children's Museum, a non-
profit educational facility that targets low income families with children. The funds
requested would be utilized to purchase and install two to three new science exhibits to
accommodate a larger number of children.
Commissioner Samuel asked if they had received other Block Grant Funding from either
Kennewick or Richland.
Ms. Morris stated that they had received funds from Richland, but that she believed they
were Hotel Tax funds.
Commissioner Samuel asked if failure to receive the funds would result in closure of the
museum.
Ms. Morris replied that it would not; the funds would be used to enhance the museum.
Commissioner Rose asked if they have volunteers working in the museum.
Ms. Morris responded that they do have volunteers, of all ages.
Commissioner Schouviller asked what age groups are served by the museum.
Ms. Morris stated that the age groups range from two to ten year olds.
Staff advised the Commission that all of the projects presented were eligible for CDBG
funds. They noted however that the projects noted on the lists with an asterix are
considered to be public services and subject to a 15% cap of the total funds available.
Commissioner Anderson asked if the Commission might be given additional time to
deliberate on the amounts to be awarded to the individual projects.
It was decided that a Workshop would be held for the Commission to further deliberate on
the amounts to be awarded to the individual projects at 6:00 p.m., prior to the next regular
Planning Commission meeting on August 17, 2006.
- 6 -
REGULAR MEETING August 17, 2006
PLANNING COMMISSION MINUTES AUGUST 17, 2006
WORKSHOP:
A. Community 2007 Program Year Presentations by Agencies
Development Requesting Funds
Block Grant
The Chairman reminded the Commissioners that this workshop had been
requested as a continuation of the July 20, 2006 meeting to discuss the items
proposed for block grant funding and determine recommendations for how the
funds should be allocated.
Commissioner Little asked for clarification regarding the difference between the
requested amount for Program Administration and the amount that Staff
recommended for approval..
Staff responded that through preparation of a detailed budget, they were able
to reduce this item to the amount shown.
Commissioner Anderson asked why Item #10 increased from $90,000 to
$138,750.
Staff responded that this Item was initially proposed by the Public Works
Department to install curb, gutter and sidewalks in certain areas of the City.
However, the City Council has designated a Neighborhood Improvement
Program that will identify particular neighborhoods for improvements,
including curb, gutter, sidewalks and street lighting. These funds will be
utilized in the first neighborhood to be implemented in the program, in areas of
East Pasco.
Commissioner Little asked how many businesses participated in the downtown
facade improvement program last year.
Staff responded that one business completed their improvement project and
one recently went out to bid for the construction contract. A third applicant
had recently applied and a fourth has expressed interest.
Commissioner McCollum asked where the other businesses are located.
Staff replied that the first business that was completed is located on 41h
Avenue. The business that has recently gone out to bid is located at 104 N. 4th
Avenue; the other business is located at 110 Lewis Street.
Commissioner Schouviller asked if all of the money that was appropriated last
year had been utilized.
Staff responded that the last project that expressed interest would deplete the
funds that were allocated in last year's budget.
- 1 -
i
Commissioner Schouviller then asked if the proposed $40,000 for the coming
year would fund one or two projects, and if the proprietor would share in the
costs.
Staff responded that the funds should cover two projects and that the
proprietors do share in the costs. The City will match up to 75% of the project
costs up to a maximum of$20,000.
Commissioner McCollum stated asked if the long term objective is to have most
of the downtown area involved in this type of program.
Staff responded that the long term goal is a revitalization of the downtown area.
Commissioner Schouviller asked what the responsibility the property owners
have toward the costs of the improvements.
Staff responded that the property owners are responsible for 25% of the cost of
improvements, the City contributing 75% of the costs up to a maximum of
$20,000. All costs above the $20,000 are the owner's responsibility.
Commissioner Samuel commented that he agrees with the recommendations
made by Staff and commends them on a job well done.
Commissioner Schouviller seconded the comments made by Commissioner
Samuel; he agrees with the recommendations made by Staff as well.
There being no other comments, the Chairman closed discussion on this item.
- 2 -
E. Block Grant Program Development of 2007 Program Year
Program
Staff reminded the Commissioners that it is estimated that there will be
$675,000 available for the Block Grant Programs, and HUD regulations limit
Program Administration costs to 20% of that amount and Public Services to
15% of that total. Staff requests that the Planning Commission recommend the
City Council approve the use funds as set forth in the 2007 CDBG Fund
Summary.
Cindy Morris, 10804 Shady Lane, stated that they wished to use funding to
purchase exhibits to benefit low income children in the area.
Commissioner Samuel responded that he felt it was unfortunate there as not
enough money in this budget to assist the museum's program. He also stated
that he felt Staff had done an excellent job of determining which projects
should be funded.
Staff responded that HUD regulations place a cap on the amount of funds that
can be allocated to Public Services; the museum is considered a public service.
The City has historically funded three programs out of this fund that consumed
this cap; staff services at the Senior Center, staff services at the Martin Luther
King Center and a Youth Program at the Civic Center. The only way to fund
another program would be to knock off a long standing program.
Commissioner Little moved that the Planning Commission recommend the
proposed 2007 CDBG Fund Summary as presented by the Community
Development Block Grant Coordinator to City Council for approval.
Commissioner Anderson seconded, motion carried unanimously.
- 3 -
Reference C
RESOLUTION NO. �
A RESOLUTION approving the Program Year 2007 Community Development Block
Grant Allocations and Annual Work Plan.
WHEREAS, staff has prepared the Program Year 2007 Annual Work Plan for activities
totaling $675,000; 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 Annual Work Plan as
follows:
1. CDBG Program Administration $ 117,000.00
2. Code Enforcement 48,000.00
3. MLK Center 35,000.00
4. Senior Center 31,250.00
5. Civic Center 35,000.00
6. MLK Center Gym Remodel 40,000.00
7. Downtown Facade Improvement 40,000.00
8. Curb, Gutter, Sidewalk, & Roadway Improvements 138,750.00
9. Volunteer Chore Services 20,000.00
10. Energy Efficient Healthy House Program 20,000.00
11. Pasco Downtown Development Association-Comm. Kit. 50,000.00
12. Boys & Girls Club- Building & Roof Project 100,000.00
TOTAL $ 675,000.00
PASSED by the City Council of the City of Pasco this day of , 2006.
Joyce Olson
Mayor
ATTEST:
APPROVED AS TO FORM:
Sandy L. Kenworthy Leland B. Kerr
Deputy City Clerk City Attorney
AGENDA REPORT
TO: City Council September 6, 2006
FROM: Gary Crutchfi Manager Workshop Mtg.: 9/11/06
Regular Mtg.: 9/18/06
SUBJECT: Global Nuclear nergy Partnership Proposal
I. REFERENCE(S):
1. Proposed Resolution
II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS:
9/11: Discussion
9/18: MOTION: I move to approve Resolution No. CM3 , endorsing the TRIDEC
proposal in relation to the Global Nuclear Energy Partnership.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
A) The federal government has announced a "Global Nuclear Energy Partnership"
(GNEP), intended to develop innovative advanced nuclear reactors and methods to
recycle spent nuclear fuel, all as part of the nation's expanded effort to improve
energy resources. As part of the effort, the federal government has set aside $20
million to be allocated to as many as four proposals which offer the most opportunity
to meet those national objectives.
B) TRIDEC (the regional economic development organization) has recently determined
to submit a proposal to the federal government for selection of Hanford as one of the
study areas and which would involve new utilization of the Fast Flux Test Facility
(FFTF) and Fuels Material Examining Facility (FMEF), both facilities currently
existing at the Hanford site. The potential utilization of those facilities as part of the
GNEP program could lead to additional job creation and further economic
diversification of the Hanford facilities.
C) The federal government will weigh local and state support as one factor in
determining the viability of the various proposals it reviews for selection. To that
end, TRIDEC has requested a resolution of support for its proposal.
V. DISCUSSION:
A) A representative of TRIDEC will attend the workshop meeting to answer questions
Council may have about this matter before it considers action on the resolution.
3(i)
RESOLUTION NO. C / 3 3
A RESOLUTION supporting efforts made to determine the potential of Hanford facilities to
support the Global Nuclear Energy Partnership.
WHEREAS, the President announced on February 6, 2006 the Global Nuclear Energy
Partnership (GNEP) whose purpose is to develop innovative advanced reactors and new methods to
recycle spent nuclear fuel for the development and demonstration of Advanced Burner Reactors;and
WHEREAS, the Hanford Site and outstanding local technical staff offers the Department of
Energy (DOE) an excellent range of options to meet their Siting Study Requirements; and
WHEREAS, the Hanford 400 Area [which includes the Fast Flux Test Facility (FFTF) and the
Fuels and Materials Examination Facility (FMEF)J, the Energy Northwest site, and the corridor between
these two, have excellent capabilities and infrastructure which appear to match the DOE requirements
for GNEP development and demonstration facilities and therefore are ideally suited for this new
mission; and
WHEREAS, use of existing facilities (including the FFTF and'the FMEF) at the Hanford 400
area complex will result in considerable cost savings to our nation compared to other sites within the
U.S.; and
WHEREAS, the Advanced Bumer Reactor will be the cornerstone for an improved nuclear fuel
cycle that enhances energy security and enhances nonproliferation; and
WHEREAS, recycling spent nuclear fuel will enable a nuclear repository such as Yucca
Mountain to handle U.S. waste for a full century; and
WHEREAS, the Tri-Cities, Washington area has unique facilities and scientists, engineers and
labor that are uniquely qualified to fully participate in Generation IV and GNEP advancements; and
WHEREAS, the GNEP mission expands the job creation horizon for thousands of highly skilled
workers and advances education in the sciences and in the trades;
NOW, THEREFORE BE IT HEREBY RESOLVED that the City of Pasco, Washington
supports the Tri-Cities proposal being submitted by TRIDEC to the Department of Energy which
promotes the fullest appropriate utilization of Hanford Facilities to anchor the Global Nuclear Energy
Partnership, and which should also lead to an improved economy and job creation for the region and for
the country.
PASSED by the City Council of the City of Pasco at a regular meeting this _day of ,
2006.
CITY OF PASCO:
Joyce Olson, Mayor
ATTEST:
Sandy Kenworthy Leland B. Kerr
Deputy City Clerk City Attorney "'�
AGENDA REPORT NO. 23
FOR: City Council September 14, 2006
TO: Gary Crutchfiel anager Regular: September 18, 2006
FROM: Robert J. Albe u orks Director
SUBJECT: Accept Butterfield Water Treatment Plant Raw Water Intake Piping,
Project# 04-2-13
L REFERENCE(S):
1. Resolution
II. ACTION REQUESTED OF COUNCIUSTAFF RECOMMENDATIONS:
09118106: Motion: I move to approve Resolution No.2 accepting the work
performed by Ray Poland and Sons, Inc., under contract for the Butterfield Water
Treatment Plant Raw Water Intake Piping, Project# 04-2-13
III. FISCAL IMPACT:
Arterial Street Fund
IV. HISTORY AND FACTS BRIEF:
On January 3, 2006, the City Council awarded the Butterfield Water Treatment
Plant Raw Water Intake Piping, Project # 04-2-13 to Ray Poland and Sons, Inc., in
the amount of$669,966.54. The final cost of the project was $681,500.55.. The
additional costs are due the added sampling ports and safety upgrades at the intake
structure.
The work is now complete and staff recommends acceptance of the work.
V. ADMINISTRATIVE ROUTING
Project File
3(])
RESOLUTION NO. U�
A RESOLUTION ACCEPTING WORK PERFORMED BY RAY POLAND AND
SONS, INC. UNDER CONTRACT FOR THE BUTTERFIELD WATER TREATMENT
PLANT RAW WATER INTAKE PIPING PROJECT#04-2-13.
WHEREAS, the work performed by Ray Poland and Sons, Inc. under contract for the
Butterfield Water Treatment PIant Raw Water Intake Piping Project #04-2-13, 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's recommendation that the City of Pasco formally
accept the contractor's work and the project as complete; NOW,THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO,that the
City Council concurs with Engineering recommendation and thereby accepts the work performed
by Ray Poland and Sons, Inc. under contract for the Butterfield Water Treatment Plant Raw
Water Intake Piping Project #04-2-13, 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 18th day of September, 2006.
Joyce Olson
Mayor
ATTEST: APPROVED AS TO FORM:
Sandy L. Kenworthy Leland B. Kerr
Deputy City Clerk City Attorney
GENERAL FUND OPERATING STATEMENT
THROUGH AUGUST 2006 .
CASH BASIS
YTD %OF YTD TOTAL %OF
2006 2006 ANNUAL 2005 2005 TOTAL
ACTUAL BUDGET BUDGET ACTUAL ACTUAL ACTUAL
REVENUE SOURCES:
TAXES:
PROPERTY 2,298,636 4,800,000 47.9% 2,168,618 4,212,869 51.5%
SALES 5,205,457 7,000,000 74.4% 5,162,326 7,722,083 66.9%
UTILITY 4,558,332 6,025,000 75.7% 4,168,679 6,131,347 68.0%
OTHER 625,306 880,000 71.1% 720,072 982,566 73.3%
LICENSES.& PERMITS 1,538,760 935,450 164.5% 1,776,444 2,326,524 76.4%
INTERGOV'T REVENUE 927,475 989,000 93.8% 783,758 1,194,619 65.6%
CHARGES FOR SERVICES 1,727,308 2,459,010 70.2% 1;435,671 2,461,477 58.3%
FINES& FORFEITURES 513,859 702,400 73.2% 477,146 709,212 67.3%
MISC. REVENUE 619,105 681,250 90.9% 441,479 853,129 51.7%
OTHER FINANCING SOURCES 25,000 145,500 17.2% 334,026 358,399 93.2%
TOTAL REVENUES 18,039,238 24,617,610 73.3% 17,468,219 26,952,225 64.8%
BEGINNING CASH BALANCE 6,498,810 6,000,000 5,444,071 5,444,071
TOTAL SOURCES 24,538,048 30,617,610 80.1% 22,912,290 32,396,296 70.7%
EXPENDITURES:
CITY COUNCIL 68,417 105,675 64.7% 54,783 84,832 64.6%u
MUNICIPAL COURT 579,500 939,585 61.7% 504,224 825,946 61.0%
CITY MANAGER 392,214 550,445 71.3% 347,252 543,616 63.9%
POLICE 5,454,699 8,436,478 64.7% 5,147,775 8,144,023 63.2%
FIRE 2,554,148 3,189,935 80.1% 1,737,557 2,784,368 62.4%
ADMIN &COMMUNITY SVCS 3,007,961 4,225,735 71.2% 2,777,465 4,322,890 64.3%
COMMUNITY DEVELOPMENT 878;506 1,019,480 86.2% 699,682 1,169,229 59.8%
ENGINEERING 751,560 1,093,585 68.7% 713,265 1,054,272 67.7%
MISC. NON-DEPARTMENT 4,843,855 6,843,599 70.8% 2,582,140 6,103,388 42.3%
LIBRARY. 699,223 945,900 73.9% 574,544 864,922 66.4%
TOTAL EXPENDITURES 19,230,083 27,350,417 70.3% 15,138,687 25,897,486 58.5%
ENDING FUND BALANCE 3,267,193 6,498,810
TOTAL EXPEND AND END FUND BAL 30,617,610 32,396,296
AVAILABLE CASH BALANCE 5,307,965 7,773,603
PERCENTAGE OF BUDGET ALLOCATED FOR 8 MONTHS 66.7%
Authorized but non-budget expenditures of $335,350 (cumulative)which will effectively reduce the
ending fund balance.
These statements have been adjusted to the Cash Basis of Accounting to provide an available cash balance
at month end. The City's CAFR is prepared using the Accrual Basis of Accounting.
These statements are intended for Management use only.
6(b)
AGENDA REPORT NO. 82
FOR: City Council September 6, 2006
TO: Gary Crutch Manager WORKSHOP: 9/11/06
Richard J. Sm irector REGULAR: 9/18/06
Commu ity and Economic Development
FROM: David I. McDonald, City PlanneiP5-7�_
SUBJECT: Annexation: Annexation Area#20 (MF #ANX06-002)
L REFERENCE(S):
A. Proposed Annexation Ordinance and Vicinity Map
B. Proposed Zoning Ordinance
C. Report to Planning Commission Dated: 7/20/06
D. Planning Commission Minutes Dated: 7120/06 and 8/17/06
E. Annexation Petition
(References C, D & E are in Council packets only, these items are available in the
Planning Office for public review.)
IL ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
9/11106 Review and Discussion .
9/18/06 Conduct Public Hearing:
MOTION A: (Annexation) I move to adopt Ordinance No. , annexing certain
real property to the City of Pasco and, further, to authorize publication by
summary only.
MOTION B: (Zoning) I move to adopt Ordinance No. , establishing zoning
for Annexation Area # 20and, further, to authorize publication by summary
only.
III. FISCAL IMPACT:
The City will be responsible for providing municipal services to the annexation area.
IV. HISTORY AND FACTS BRIEF:
A. On May 15, 2006 the City Council approved a Resolution accepting a 10 percent
annexation petition from property owners within Annexation Area # 20 identified in the
attached vicinity map. Since May property owners within the proposed annexation area
have been gathering signatures on a 60 percent petition.
B. The petition has been reviewed by the County Assessor and has been determined to be
sufficient to constitute a legally acceptable petition under the 60% petition method for
annexation.
C. The next step in the process requires the City Council to hold a public hearing to consider
the annexation petition. A Council hearing has been set for..September 18, 2006,
V. DISCUSSION:
A. Annexation:
The City Council previously determined through acceptance of the 10% annexation petition
that:
1) The annexation area would not assume any existing bonded indebtedness, and;
2) Simultaneous zoning would not be required.
The Planning Commission conducted a zoning determination hearing for the proposed
annexation area in July and is recommending the area be zoned R-S-1 following annexation.
The annexation area is surrounded by Voting District # 4. . The proposed Annexation
Ordinance has been prepared to include the annexation area in District#4.
7(a)
ORDINANCE NO.
AN ORDINANCE relating to annexation and annexing certain real property to the City of Pasco.
WHEREAS, the City Council of the City of Pasco has declared, its intent to annex the
following described territory to the City of Pasco pursuant to RCW Chapter 35A.14; and
WHEREAS, notice of the public hearing on the proposed annexation has been published
and posted as required by law; and,
WHEREAS, a public hearing on the proposed annexation was held on July 19, 2004;NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS
FOLLOWS:
Section 1. That the following described area, situated in Franklin County, Washington to-
wit:
Beginning at northwest corner of the northeast quarter of Section 10, Township 9 North, Range 29 East
Willamette Meridian; Thence east along the north line of the northeast quarter of said Section 10 to the
northeast corner of the northeast quarter of said Section 10; Thence south along the east line of the
northeast quarter of said Section 10 to the southeast corner of the north half of said northeast quarter of
Section 10; Thence west along the south line of the north half of said northeast quarter to the southwest
corner of the north half of said northeast quarter of Section 10; Thence north along the west line of said
northeast quarter to the point of beginning.
as depicted in the map attached hereto and labeled Exhibit 1 and the same is hereby annexed to the
City of Pasco and is hereby declared to be within the corporate limits of the City of Pasco.
Section 2. That the Comprehensive Plan of the City of Pasco be and the same is hereby
adopted for the above described tract of land.
Section 3. That said tract of land shall not assume any portion of the existing bonded
indebtedness of the City of Pasco.
Section 4. That said tract of land shall be in Voting District# 4.
Section 5. That a certified copy of this ordinance be and the same shall be filed with the
Franklin County Commissioners.
Section 6. This ordinance shall be in full force and effect on September 30, 2006.
PASSED by the City Council of the City of Pasco this 18th day of September 2006.
Joyce Olson, Mayor
ATTEST: APPROVED AS TO FORM
Sandy Kenworthy, Deputy City Clerk Leland B. Kerr, City Attorney
VICINITY MAP EXHIBIT °,1 „
ANNEXATION AREA # 20
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CITY OF PASCO
SUMMARY OF ORDINANCE NO.
ORDINANCE NO. , is an ordinance Annexing 80 acres plus or minus located
between the extensions of Road 60 and Road 52 north of the Overton Rd area. The
annexation becomes effective September 30, 2006.
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 99301-0293,
Sandy Kenworthy, Deputy City Clerk
I
I
ORDINANCE NO.
AN ORDINANCE assigning zoning to certain real property within the City of Pasco.
WHEREAS, on July 20, 2006, the Planning Commission of the City of Pasco conducted
a public hearing to develop a recommendation for the assignment of zoning to certain properties;
in the event those properties were incorporated within the City; and
WHEREAS, on September 18, 2006, Ordinance No. , effectively annexed certain
real property to the City of Pasco;NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN
AS FOLLOWS:
Section 1. That the following described areas, situated in Franklin County, Washington
to-wit:
Beginning at northwest corner of the northeast quarter of Section 10, Township 9 North, Range
29 East Willamette Meridian; Thence east along the north line of the northeast quarter of said
Section 10 to the northeast corner of the northeast quarter of said Section 10; Thence south
along the east line of the northeast quarter of said Section 10 to the southeast corner of the north
half of said northeast quarter of Section 10; Thence west along the south line of the north half of
said northeast quarter to the southwest corner of the north half of said northeast quarter of
Section 10; Thence north along the west line of said northeast quarter to the point of beginning.
as depicted in the map attached hereto and labeled Exhibit No. "1" be and the same are hereby
assigned R-S-1 (Suburban District) zoning.
Section 2. That any and all zoning maps be and the same are hereby amended to conform
to the aforesaid assignment of zoning.
Section 3. This ordinance shall be in full force and effect on September 30, 2006.
2006. PASSED by the City Council of the City of Pasco this 18th day of September,
Joyce Olson, Mayor
ATTEST:
Sandy Kenworthy, Deputy City Clerk
APPROVED AS TO FORM:
Leland B. Kerr, City Attorney
"1 "
VICINITY MAP EXHIBIT
ANNEXATION AREA # 20
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CITY OF PASCO
SUMMARY OF ORDINANCE NO.
ORDINANCE NO. , establishes R-S-1 (Suburban) zoning for the N 112 of the NE
quarter of Section 10, T 9 N, R 29 E.
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.
Sandy Kenworthy, Deputy City Clerk
-2-
AGENDA REPORT NO. 83
FOR: City Council September 14,2006
TO: Gary Crutchfi anager Regular Mtg.: 9/18/06
Richard J. Sm , o unity&Economic Development Director
FROM: David 1. McDonald, City Planner
SUBJECT: Sign Code Amendment (MF#CA06-001-CA)
L REFERENCE(S):
A. Revised Draft Ordinance
II.. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
9/18/06 Motion: I move to adopt Ordinance No. , repealing Pasco Municipal
Code Title 17 and enacting .a new Title 17 dealing with signs and,
further,to authorize publication by summary only.
III. FISCAL IMPACT
None
IV. HISTORY AND FACTS BRIEF:
A. Some time ago the City retained the services of the Beckwith Consulting Group to
assist with updating the City's sign regulations.
B. The Planning Commission reviewed the proposed sign code update and forwarded
the same to the City Council in May of this year for Council consideration.
C. The City Council has held several workshops over the last three months to refine
the Planning Commission's recommendation on the proposed sign code.
D. At the August 10 workshop the Council focused much of its discussion on the
size of and permitted locations for political campaign signs. The August 14"'
meeting concluded with the Mayor.suggesting that she meet with staff to discuss
some of the code issues prior to the next workshop.
V. DISCUSSION:
A. As a result of previous discussions with the Council:and the Mayor the proposed
code has been modified to permit yard sale signs and campaign signs on private
fences. The modifications also include a 32 square foot maximum size allowance
for campaign signs on private property. Changes have been made as follows:
1) Chapter 17.03 Definitions. # 16 Added a definition for subdivision fences to
provide distinction between a private fence and subdivision fence. (pg 4)
2) Section 17.05.020 (3) Political Signs. Added a provision permitting campaign
signs on private fences. (pgl3)
3) Section 17.05.020 (5) Garage or Yard Sale Signs. Changed wording to
prohibit yard sales signs from being place on street trees,.trees on public
property (parks) or on subdivision fences. Yard sale signs would be permitted
on private fences and private trees. (pg 13-14)
4) Sign Allowance Table Political Signs. Removal time for campaign sign was
`changed from 15 days to 10. State regulations (WAC 468-66-050) require'
campaign signs adjacent highways to be removed in 10 days. (pg 18)
5) Sign Allowance Table Political Signs. Note 17 changed to limit the.size of
campaign signs on.private property to 32 square feet.(pg 19).
8(a)
ORDINANCE NO.
,
AN ORDINANCE of the City of Pasco, Washington, Enacting a New
Sign Code; and Repealing the Existing Sign Code Consisting of Chapter
17.02, 17.04, 17.08, 17.10, 17.12, 17.14,17.16,17.20, 17.24, 17.28, 17.32, 17.36,
17.40, 17.44, 17.46, 17.48, 17.52, 17.56 and 17.60
WHEREAS, the City of Pasco has by the legislature's adoption of the comprehensive
Growth Management Act been mandated to implement a plan for public and private facilities
that provides for the health, safety, and high quality of life enjoyed by the citizens of this State,
and to provide an attractive place to live; and
WHEREAS, to accomplish this goal, the City has secured the assistance of a
professional consulting group which utilized, in addition to their expertise and experience, case
studies from other cities facing similar challenges to the City of Pasco and seeking similar goals
to create.a workable update to the City's sign regulations; and
WHEREAS, the consultant has worked with City staff, Pasco Downtown Development
Association and other individuals and groups to formulate new City sign regulations; and
WHEREAS, this proposal for a revised sign code was submitted to the City Planning
Commission, which in June 2005, conducted public workshops, and in July 2005, conducted a
public hearing receiving input from the citizens and businesses considering amendments to the
sign code; and
WHEREAS, in May 2006,the Planning Commission finalized review of the resulting
proposed sign code and has recommending adoption by the City Council of the sign code
amendments; and
WHEREAS, the City Council at its June 26, 2006, July 17 & 31, 2006, August 14, 2006
and September 11, 2006 workshop meetings, reviewed with the City staff, the consultant and the
public proposed revisions to the sign code, and the City Council has found that to protect the
health, safety, property and welfare for the citizens of the City of Pasco; to provide for a neat,
clean, orderly and attractive appearance of the community; improve the effectiveness of the
signs; to provide for safe construction, location, erection, and maintenance of signs; to prevent
proliferation of signs and sign clutter; to minimize adverse visual safety factors to travelers on
the public highways and on private areas opened to public travel, including pedestrian safety;
and, to provide for an increase in property values, business opportunities and the City's overall
appearance, it is necessary to regulate signs and sign structures within the community; NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO HEREBY
ORDAIN AS FOLLOWS:
Ordinance-1
Section 1. That a new Chapter 17.01 entitled "Title, Purpose and Enforcement" of the
Pasco Municipal Code shall be and hereby is enacted and shall read as follows:
CHAPTER 17.01
TITLE, PURPOSE AND ENFORCEMENT
Sections
17.01.010 Short Title.
17.01.020 Purpose,
17.01.030 Enforcement.
17.01.040 Nonliability
17.01.050 Conflicting Provisions
17.01.060 Severability
17.01.010 SHORT TITLE. This Title shall be known as the Sign Code of the City
of Pasco.
17.01.020 PURPOSE. The overall purpose of this title is to enhance and maintain
the aesthetic character, to promote the public health, safety and general welfare, and to increase
the effectiveness of visual communication in the City. This title is also intended to avoid visual
clutter that may adversely impact traffic and pedestrian safety or that may be adverse to property
values, business opportunities, and the City's overall appearance. The purpose of this title is
implemented by imposing reasonable restrictions on the design, construction, use, maintenance
and quality of materials of all signs and sign structures without regard to the protected content
with restrictions that are narrowly tailored to serve these goals while leaving open ample
alternative channels for communication of information.
17.01.030 ENFORCEMENT.
A) Enforcing Authority. The City Manager or his appointee is authorized and
directed to enforce all provisions of this title.
B) Violations and Penalties It is unlawful and constitutes a civil infraction for any
person, firm, or corporation to erect, hang, construct, enlarge, alter, repair, move, convert, equip,
locate or relocate, use or maintain any sign or sign structure in the City, or cause or permit the
same to be done, contrary to or in violation of any of the provisions of this title
17.01.040 NONLIABILITY. This title shall not be construed to relieve from or
lessen the responsibility or liability of any party owing, operating, construction installing,
altering, removing, moving or controlling any sign in the City. Neither the City nor any agent
thereof shall be held as assuming any liability by reason of permit or of the inspection authorized
hereunder or certificate of inspection issued by the City for damages to person or property
injured or damaged either in person or property caused by any defect therein
Ordinance-2
17.01.050 CONFLICTING PROVISIONS. If any provision of this title is found to
be in conflict with any provision of any zoning, building, fire, safety or health ordinance or code
of the City, the provision that establishes the more restrictive standard shall prevail.
17.01.060 SEVERABILITY. If any provision of this title or its application to any
person or circumstances is held invalid, the remainder of the chapter or the application of the
provision to other persons or circumstances is not affected, ad to this end the provisions of this
title are declared to be severable.
Section 2. That a new Chapter 17.03 entitled "Definitions" of the Pasco Municipal
Code shall be and hereby is enacted and shall read as follows:
CHAPTER 17.03
DEFINITIONS
Sections
17.03.01 Generally.
17.03.01 GENERALLY.
A) For the purpose of this title, certain abbreviations, terms, phrases, words, and their
derivatives shall be construed as specified in this chapter and are to be used only for the
implementation of this title. Words used in the singular include the plural, and the plural the
singular. Words used in the masculine gender include the feminine, and the feminine the
masculine.
1) ALLEY means a public street not designed for general travel and used
primarily as a means of access to the rear of residences and business establishments.
2) BUILDING means any structure built for the support, shelter, or enclosure
of persons, animals, chattels, or property of any kind.
3) BUILDING CODE means the building codes of the City adopted by Title
16 of the Code.
4) BUILDING OFFICIAL means the Building Official of the City and/or
the person designated to enforce the sign code by the City Manager.
5) BUILDING LINE means a line established by ordinance beyond which no
building may extend.
6) CHANGE OF COPY. The change of a logo, and/or message upon the
face or faces of a legal sign.
7) CITY means the City of Pasco, Washington.
Ordinance-3
8) COMMUNITY EVENT. Means a community wide event open to the
general public and sponsored by a public agency, a public or private school, or a not for profit
civic organization.
9) CURB LINE means the line at the face of the curb nearest to the street or
roadway. In the absence of a curb, the City Engineer shall establish the curb line.
10) DISPLAY SURFACE means the area made available by the sign structure
for the purpose of displaying the advertising message.
11) DISTRICT OR ZONING DISTRICT means any district established
pursuant to the provisions of Title 25.
12) DURABLE means a non-biodegradable material that withstands
degradation from the elements such as weather-proof card stock, aluminum, metal, UV protected
plastics, treated or painted wood concrete, stone and similar materials.
13) ERECTS means to build, construct, attach, place, suspend, or affix,
including the painting of a wall sign.
14) FACE OF BUILDING means the general outer surface of any exterior
wall of a building or other structure.
15) FACADE means the entire building front or street wall face, including the
grade to the top of the parapet or eaves, and the entire width of the building elevation.
16) FENCE -SUBDIVISION means a common fence constructed along the
rear line of residential lots that back on arterial streets and constructed as part of the subdivision
improvements:
17) FILLING STATION, PUBLIC MOTOR FUELS means any area of land,
including any structure or part thereof that is used or designed to be used for the supply of motor
fuels,. also deemed to be included within this term shall be: Any area or structure used or
designed to be used for polishing, greasing, washing, spraying(other than paint), dry cleaning, or
otherwise cleaning or servicing such motor vehicles.
18) FRONTAGE means the measurement of the length of the property line or
building front.
19) HEARING EXAMINER means the Pasco Hearing Examiner as set forth
in Chapter 25.84.
20) INCOMBUSTIBLE MATERIAL means 'any material which will not
ignite at, or below, a temperature of one thousand two hundred degrees Fahrenheit during an
exposure of five minutes,and which will not continue to burn or glow at that temperature.
Ordinance-4
21) MANSARD ROOF means a sloped roof or roof-like facade architecturally
able to be treated as a building wall.
22) MULTIPLE-BUILDING COMPLEX means a group of commercial or
industrial structures.
23) MULTIPLE-TENANT BUILDING means a single structure that houses
more than one retail business, office or commercial venture, but that does not include residential
apartment buildings sharing the same lot, access and/or parking facilities.
24) NONCONFORMING SIGN. Nonconforming signs are those which were
lawfully installed, but which do not comply with the requirements of this title.
25) NONSTRUCTURAL TRIM means the molding, batons, caps, nailing
strips, latticing, cutouts or letters and walkways that are attached to I the sign structure.
26) PARAPET means a false front or wall extension above the roof line.
27) PARCEL means the real property on which a business is located or the
portion of real property designated for use of a business. Parcel shall include all adjacent
property used by a business including yards, parking lots, and storage yards. Where more than
one business is located within a building, the property on which that building is located is
considered one parcel.
28) PERIMETER means a square or rectangle required to enclose the sign
area.
29) PERIPHERY OF RIGHT-OF-WAY means that portion of the right-of-
way lying behind the street improvement. (See definition for street improvements)
30) PERSON means and includes persons, firms, partnerships, associations,
corporations, and other business entities.
31) PREMISES means the real estate as a unit, upon which is displayed the._
sign or signs mentioned in this chapter.
32) PRIVATE ROAD OR DRIVEWAY means every way or place in private
ownership and used for travel of vehicles by the owner or those having express or implied
permission from the owner, but not by other persons.
33) PROJECTION means the distance by which a sign extends over public
property or beyond the property line.
34) RIGHT OF WAY (ROW) means that area of land dedicated for public use
or secured by the public for purposes of ingress and egress to abutting property and other public
purposes, including that space between the adjacent property line and the back of the street
Ordinance-5
4,
and/or sidewalk improvements.
35) ROADWAY means that portion of a highway improved, designed, or
ordinarily used for vehicular travel, exclusive of the sidewalk or shoulder. In the event a highway
includes two or more separated roadways, the term "roadway" shall refer to any such roadway.
separately but shall not refer to all such roadways collectively.
36) ROOFLINE means the top edge of a roof or parapet or the top line of a
building silhouette.
37) SETBACK means the distance measured on a horizontal plane between a
public right-of-way line or a property Iine and the closest portion of a sign thereto.
38) SIDEWALK means that property between the curb lines or the lateral
lines of a roadway and the adjacent property, set aside and intended for the use of pedestrians or
such portion of private property parallel and in proximity to a public highway and dedicated to
use by pedestrians.
39) SIGN means a name, identification, description, display or illustration that
is affixed to, or represented directly or indirectly upon a building, structure, or piece of land and
that directs attention to an object, product, place, activity, person, institution, organization or
business. However, a "sign" shall exclude any display of official court or public office notice,
emblem or insignia of a nation, political unit, school, or religious group. A "sign" shall not
include a sign located completely within an enclosed building unless the public may view the
sign from a roadway or sidewalk, or the context of this chapter shall so indicate.
40) SIGN - ABANDONED means a sign that no longer correctly directs or
exhorts any person nor advertises a bona fide business, lessor, owner, product or activity
conducted or available on the premises whereon such sign is located.
41) SIGN -.AREA means the total area of a sign visible from any one
viewpoint or direction, excluding the sign support structure, architectural embellishments, or
framework that contains no written copy, and includes only one side of a double-faced sign.
Individual letter signs using a wall as the background without added decoration or change in wall
color shall be calculated by measuring the perimeter enclosing each letter. The combined total
area of each individual letter shall be considered the total area of the sign. Module signs
consisting of more than one sign cabinet shall be computed by adding together the total area of
each module. Perimeter or sign area shall be established by the smallest rectangle enclosing the
extreme limits of the letter module or advertising message being measured.
42) SIGN - AWNING means a sign that is hung from and below a building
awning or canopy that may extend outwards under the awning or canopy and over the walkway
or parking area.
43) SIGN — BANNER means flexible material on which a sign is painted or
printed that is attached to a building or displayed on the grounds.
Ordinance-6
44) SIGN - BILLBOARD means a sign or sign structure supported by one or
more uprights and braces in the ground or on a building roof upon which general advertising
matter is placed, usually by the poster method, erected entirely upon private property.
45) SIGN — BLADE OR PROJECTING means a sign that is wall-mounted
perpendicular to the building that may extend upwards and above the facade and/or outwards and
over the walkway or parking area.
46) SIGN - BUSINESS means a sign which directs attention to a business or
profession conducted, or to a commodity, service, or entertainment sold, or offered upon the
premises where such sign is located, or to which it is affixed.
47) SIGN - CANOPY means a sign that is painted onto the face or edge of an
awning or canopy that is mounted to the building facade.
48) SIGN - CHANGING MESSAGE CENTER means an electronically
controlled public service time and temperature sign, message center, or reader board where
different copy changes of a public service or commercial nature are shown on the same lamp
bank.
49} SIGN - COMBINATION means any sign incorporating any combination
of the features of freestanding, projecting and roof signs. "Combination sign" shall include signs
commonly referred to as "fin signs."
50) SIGN - CONSTRUCTION means a temporary sign designating the
contractor(s), architect(s), and engineer(s)participating in a construction project underway on the
same premises. A construction sign may also include the name of the project.
51) SIGN - DIRECTIONAL means any sign designated and used solely for
the purpose of indicating the location or direction of a place on the premises upon which the sign
is located
52) SIGN — DIRECTIONAL OFF-PREMISE KIOSK means a structure
erected by the City or a private party through a license agreement with the City in approved
locations bearing multiple off-premise directional signs
53) SIGN — DIRECTIONAL TRAFFIC means a sign that is located to guide
or direct pedestrian or vehicular traffic to parking entrances, exits and service areas.
54) SIGN — DIRECTORY OF TENANTS means a sign that identifies the
building or project name and the tenants which share a single structure or development.
55) SIGN—DOUBLE-FACED means a sign with 2 faces.
56) SIGN - ELECTRICAL means a sign or sign structure in which electrical
wiring, connections, and/or fixtures are used as part of the sign proper.
Ordinance-7
57) SIGN - FLASHING means an electrical sign or portion thereof that
changes light intensity in a sudden transitory burst or that switches on and off in a constant
pattern with more than one-third of the light source that is not constant being off at any one time.
58) SIGN — FREESTANDING PEDESTAL means a self-supported sign
permanently attached directly to the ground upon a pedestal base or monument foundation and
not attached to any building, wall or fence. (Also called pedestal or monument sign.
59) SIGN — FREESTANDING POLE means a self-supported sign
permanently attached directly to the ground supported by upright poles or posts or braces placed
on or in the ground. (Also called ground or pole sign.)
60) SIGN — FREEWAY means a free standing sign located on the premise
where the business, product or service is located with said sign being within 250 feet of 1-182,
SR-395 and SR-12.
61) SIGN — FREEWAY INTERCHANGE means a sign that provides only
regional identification for a group of businesses within an area defined by a state recognized
business association with the businesses collectively occupy a minimum of 15 acres of land.
62) SIGN — GARAGE OR YARD SALE means a sign advertising a private
sale of personal household possessions; not for the use of any commercial venture.
63) SIGN - HEIGHT means the vertical distance measured from the adjacent
grade at the base of the sign support to the highest point of the sign or sign structure whichever is
higher.
64) SIGN — IDENTIFICATION means a sign of an informational nature that
directs attention to certain uses other than businesses, individual private residences.
65) SIGN — INFLATABLE means a large balloon or balloon-like object
greater than 18 inches in any dimension that uses blown air or a gas.to remain inflated.
66) SIGN — INFORMATIONAL PRIVATE means a sign placed for the
convenience of the property owner used for the sole purpose of designating property control and
warning signs such as "no trespassing", "no dumping", "patrolled by dogs", etc.
67) SIGN INFORMATIONAL PUBLIC means a sign placed for the
convenience of the public used for the sole purpose of designating restrooms, hours of
operations, entrances and exits to buildings and parking lots, help wanted, public telephones,
public notary, etc. Also included are plaques, tablets or inscriptions that are an integral part of a
building.
68) SIGN - INTERIOR means any sign attached to the interior surface of the
window of any building or structure, or maintained within the building or structure.
Ordinance-8
69) SIGN — LANDMARK means a sign or plaque that is attached to the
surface of the building or on a site that identifies or describes the historical, cultural, social, or
other significance of a building or site.
70) SIGN - LIMITED DURATION means any sign advertising real estate
sales or rentals or construction projects utilized for a specified period of time.
71) SIGN MARQUEE OR READERBOARD means a sign that displays a
changing message using manually mounted lettering or electronic printout that may be mounted
on a building or freestanding pedestal or pole.
72) SIGN MARQUEE OR READERBOARD - PORTABLE means a sign
that displays a changing message using manually mounted lettering or electronic printout that
may be mounted on an easel, trailer, or other movable equipment.
73). SIGN NAMEPLATE means a sign which indicates no more than the
name and address of the resident of the premises.
74) SIGN - NONCONFORMING means any sign lawfully constructed prior
to the enactment of the ordinance codified in this title, which fails to conform to the provisions of
this title.
75) SIGN - OFF-PREMISE means a sign that carries a message of any kind or
directs attention to a business, commodity, service, or entertainment conducted, sold, or offered
elsewhere than upon the premises where such sign is located, or to which it is affixed. Signs
identifying a business complex and containing the names of multiple businesses within the
complex shall not be considered an off-premise sign.
76) SIGN - OFF-PREMISE DIRECTIONAL means a sign providing
directions to a public or other community event or facility in a location different than the
property on which the sign is posted.
77) SIGN - OFF-PREMISE INFORMATIONAL means a sign providing
information about events conducted at a public or other community facility in a location different
than the property on which the sign is posted.
78) SIGN — OPEN HOUSE means a sign welcoming viewers to a piece of
residential real estate that is being offered for sale.
79) SIGN — PEDESTRIAN-ORIENTED means a sign the primary purpose of
which is to provide information for pedestrians and bicyclists.
80) SIGN - POLITICAL means a temporary sign that identifies a candidate(s)
for public elective office; urges a particular vote on a ballot measure in a pending public election,
whether local, state or national; or expresses an opinion on a public issue.
SIGN - PORTABLE means an unlighted business sign including paper, cardboard, wood or
Ordinance-9
metal, that is capable of being moved easily and that is not permanently affixed to the ground,
structure or building. This includes a sidewalk or sandwich board signs, except those worn by a
person.
81) SIGN— POSTER means a decorative placard or advertisement intended to
advertise a movie, theater production, video or CD, or other product or special event that is being
conducted or offered for sale.
82) SIGN — READER BOARD means a lighted or unlighted business sign or
part of a sign on which the letters are readily replaceable such that the copy can be changed from
time to time at will.
83) SIGN READER BOARD PORTABLE means a lighted or unlighted
business sign or part of a sign on which the letters are readily replaceable such that the copy can
be changed from time to time at will. A portable reader board is capable of being moved or
trailer-mounted and is not permanently affixed to the ground, structure or building.
84) SIGN —REAL ESTATE means a temporary sign erected by the owner, or
his/her agent, that advertises the real estate upon which the sign is located for rent, lease or sale,
or directing people to the property.
85) SIGN REAL ESTATE DIRECTIONAL means a temporary and/or
portable sign that is intended to assist people finding the location of difficult to locate property
that is for sale, rent, or lease:
86) SIGN — REVOLVING means any sign that rotates or turns in a circular
motion by electrical or mechanical means and does not exceed eight revolutions per minute.
87) SIGN - ROOF means a business sign erected upon or above a roof or
parapet of a building or structure. Mansard roof signs shall be considered wall signs.
88) SIGN— SANDWICH OR A-FRAME means a temporary portable 2-faced
board style sign that is readily movable and has no permanent attachment to a building, structure,
or the ground.
89) SIGN — SPECIAL EVENT means a temporary sign advertising activities
concerning a drive or event of a political, civic, seasonal, cultural, philanthropic, educational or
religious event or organization that will occur intermittently.
90) SIGN - STRUCTURE means any structure supporting or is capable of
supporting any sign defined in this chapter. A sign structure may be a single pole or may or may
not be an integral part of the building or structure.
91) SIGN - TEMPORARY means any real estate, open house, special event,
garage sale, or political sign corresponding to a specific event and displayed for a limited period
of time.
Ordinance- 10
92) SIGN --TRACT means signs used for the sale of real property in a platted
subdivision.
93) SIGN— WALL means any sign, mural or graphic design which is attached
parallel to, or flat against, or is painted on, the wall or exterior of a building or structure having a
commercial message or identification.
94) SIGN — WALL MURAL OR ARTWORK means a mural or artwork
painted to a building wall that may or may not have a commercial message, name, or other
advertisement incorporated. (Exterior surface color alone is not considered a mural or artwo'rk.)
95) SIGN — WALL-MOUNTED means a sign attached or erected parallel to
and extending from the facade or wall of any building to which it is attached. A wall sign is
supported through its entire length with the exposed face of the sign parallel to the plane of said
wail or facade. A sign painted on the wall of a building or a sign painted or attached to a
marquee shall be considered a wall-mounted sign.
96) SIGN — WINDOW means any sign which is painted or.mounted onto an
exterior window pane, or which is hung directly inside the window including advertisements for
services or products in the form of decals, emblems, paint, exposed neon, banners, etc within 3
feet of the window pane.
97) SIGN — WINDOW TEMPORARY INDOOR means any sign (or poster)
of a temporary nature displayed within a commercial building on the inside of the glass or in
close proximity to the window and may be viewed by persons outside of the building.
98) STREET means a public or private way opened to general public use
including all classes of roadways and excepting alleys, driveways; and interstate freeways, but
including major internal circulation corridors within parking lots.
99) STREET FRONTAGE means the side of the building facing a street that
abuts the property on which the building is located.
100) STREET IMPROVEMENTS means the paved roadway, and adjoining
curb, gutter, sidewalk and landscaping.
101) STRUCTURE means anything constructed or erected, the use of which
requires location on the ground or attachment to something having location on the ground.
102) U.L. means Underwriters Laboratory.
103) ZONE, ZONING DISTRICT. See definition under District.
Section 3. That a new Chapter 17.05 entitled "Sign Allowance Table" of the Pasco
Municipal Code shall be and hereby is enacted and shall read as follows:
Ordinance- 11
CHAPTER 17.05
SIGN ALLOWANCE TABLE
Sections
17.05.010 Interpretation of Sign Allowance Table.
17.05.020 Special Provisions by Sign Classification.
17.05.030 Exemptions
17.05.040 Prohibited Signs.
17.05.050 Sign Illustrations
17.05.010 INTERPRETATION OF SIGN ALLOWANCE TABLE
A) The sign allowance table, as incorporated herein, determines whether a specific
sign is allowed in a zone district or by land use activity. The zone district or land use activity is
identified in the left column and the specific sign allowances are located in the rows of the table.
B) If no symbol or number appears in the table box at the intersection of the column
and row,the sign is not allowed in that category or is not subject to an allowance.
C) If a number appears in the table box at the intersection of the column and row or
in the column or row heading, the sign may be allowed subject to the appropriate requirement
and specific conditions indicated in the table footnotes.
D) All applicable requirements shall govern a sign whether or not the requirements
are cross-referenced in the table.
17.05.020 SPECIAL PROVISIONS BY SIGN CLASSIFICATION
A) Temporary signs. This signage shall not be restricted by content, but is usually
and customarily used to advertise real estate sales, political or ideological positions, garage sales,
special events having a specific date or duration. Such signage shall be subject to the following
provisions:
1) All exterior real estate-signs - shall be placed entirely on the property for
sale, except as provided below.
2) Residential "open house" signs - are permitted only during daylight hours
and during times in which the broker/agent or seller or an agent is in attendance at the
property for sale. The sign may be placed within the periphery of the roadway provided it
does not interfere with traffic safety as provided in 17.05.040 D and 17.09.030, but it
shall not be attached to a utility pole or traffic safety device. Such signs shall be
permitted only during weekends beginning at 5:00 pm Friday and ending at 8:00 am
Monday.
Ordinance- 12
3) Political Signs - may be placed within the periphery of the public roadway
provided they do not interfere with traffic - vehicular or pedestrian as provided in
17.05.040 D and 17.09.030, or interfere with the use of any residential or commercial
property. Political signs may be placed upon privately owned property including fences,
except subdivision fences, with the consent of the property owner.
4) Grand Opening and Special Event Displays temporary signs, posters,
portable reader boards, banners, strings of lights, clusters of flags, blinking lights,
inflatables, balloons, and searchlights are permitted only to announce the opening of a
completely new enterprise, the opening of an enterprise under new management, or a
special event.
a) All banners must be securely fasten taut against the wall of a
building and shall not extend above the building.
b) Tethered balloons and inflatables can not be more than 70 feet
above the surface of the ground.
C) Grand opening and special event signs for businesses must be
located on the premises where the grand opening or special event is taking place.
d) Special event signs for a community event may be displayed on or
off the premises where the event is taking place including in the periphery of the
right-of-way.
e) Special event signs for a community event located in the periphery
of the right-of-way may not be larger than 6 square feet.
f) Special event signs may be located on the Robert Frost Elementary
School pedestrian overpass on North 20th Avenue. Said signs may be larger than 6
square feet.
5) Garage or Yard Sale Signs.
a) No garage/yard sale sign shall be placed, affixed, stapled, glued, or
taped to any utility pole, subdivision fence, or any public property;
b) No garage/yard sale sign shall be placed on the right-of-way of any
roadway in such a manner as to interfere with traffic, both vehicular and
pedestrian, as provided in 17.05.040 (D) and 17.09.030, or interfere with any
residential, commercial or industrial property;
C) No garage/yard sale signs shall be placed on private property for
more than 72 hours, regardless of the length of the sale.
Ordinance- 13
6) Duration -- except for political or as otherwise provided or limited, no
temporary sign shall be erected, re-erected, or maintained for more than 30 days, unless
permitted as provided hereafter. For the purpose of this regulation, any sign of similar content
erected subsequent to the original temporary sign shall be considered as the original sign for the
time limitation contained herein.
B) Limited Duration Signs. This signage shall not be restrained by content, but is
usually and customarily used to advertise nonpermitted events of longer duration than temporary
signs, to advertise real estate sales or rentals and construction projects that were used during the
period of the real estate sales or rental campaign with the completion of the construction project.
Specific conditions and period of duration are identified in the chart in Section 17.05.010 above.
17.05.030 EXEMPT SIGNS. The following signs shall not require application, fee
or sign permit. These exceptions shall not be construed as relieving the owner of the sign from
responsibility of its erection, and its compliance with provisions of this code or any other law or
ordinance regulating the same:
A) Changing of the advertising copy or message on theater marquee, readerboards,
and similar signs.
B) Painting,repainting, cleaning, repairing and other normal maintenance, unless
structural or electrical changes are made.
C) Signs erected or installed by or at the direction of the City, such as traffic signs,
legal notices, railroad warning signs, signs showing the location of underground public utility
facilities, and other signs of anon-advertising nature erected for warning or emergency purposes.
D) Interior signs,provided that no interior sign shall be permitted in the R-T, R-S-20,
R-S-12, R-S-1, R-1 and R-2, R-3, R-4, R-1-A and R-1-A2 zoning districts.
E) Temporary signs and decorations that are customary for special holidays and that
are erected on private property.
F) Signs directly related to a municipal building, structure or installed by the city or
required by a governmental entity.
G) Bona fide religious symbols on the buildings or grounds of religious institutions.
H) Traffic or pedestrian control signs, signs required by law, or signs indicating
scenic or historic points of interest that are erected by or on the order of a public officer in the
performance of his public duty.
I) Sculptures, fountains, mosaics, and design features that do not incorporate
advertising or identification.
Ordinance-14
J) The flag of governments or noncommercial institutions such as schools, with the
poles treated as structures.
K) Official public notices of federal, state or local governments, official court
notices.
L) Signs not intended to be viewed by the public from the street right-of-way.
M) Lettering or symbols painted directly onto or flush-mounted magnetically onto an
operable vehicle.
N) Identification signs upon recycling collection containers for public, charitable or
nonprofit organizations.
O) Emblems of local nonprofit organizations and community service clubs, including
signs less than two square feet that identify the meeting place and time.
P) Political signs.
17.05.040 PROHIBITED SIGNS. From and after September 1, 2006, it is unlawful
for any person to maintain, erect or place within the city:
A) A swinging projecting sign.
B) Signs attached to or placed upon a vehicle or trailer parked on private or public
property designed to operate as a de facto permanent advertising sign. This provision is not to be
construed as prohibiting the identification of a firm or its principal products on a vehicle
operating during the normal course of business. This does not include automobile for sale signs
or signs attached to licensed buses or taxis.
Q Private signs placed in or upon a public right-of-way, except as expressly
provided herein.
D) Any sign that constitutes a traffic hazard or detriment to traffic safety because of
size,,location, movement, content, or method of illumination. Any sign that obstructs the vision
of drivers or detracts from the visibility of any official traffic control device or diverts or tends to
divert the attention of drivers of moving vehicles away from traffic movement on streets, roads,
intersections, or access facilities. No sign shall be erected so that it obstructs. the vision of
pedestrians, or which by its glare or by its method of illumination constitutes a hazard to traffic.
No sign may use words, phrases, symbols or characters in such a manner as to interfere with,
mislead, or confuse the steady and safe flow of traffic.
E) Any sign or advertising structure or supporting structure that is torn, damaged,
Ordinance-15
defaced or destroyed
F) Signs attached to utility poles, trees, rocks or other natural features;
G) Signs attached to subdivision fences.
H) Signs attached to benches on public rights-of-way;
I) Billboards and product advertising signs; roof signs, including signs painted
directly on a sloped or gabled roof surface; strobe lights, lasers; strings of streamers; and all
other signs not otherwise specifically authorized or exempted by this chapter.
J) Off-premise signs except those expressly permitted herein.
K) Balloons or inflatables attached, anchored or tethered to a roof of a building.
17.05.050 SIGN ILLUSTRATIONS. To assist in the application of this Title, the
Community & Economic Development Department shall maintain a brochure of examples
provided to illustrate the purpose, design principals and format demonstrating permissible signs
allowed in this Title to assist in the interpretation and enforcement of the Sign Code.
Ordinance-16
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Ordinance- 17
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Ordinance- 18
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Ordinance-19
Section 4. That a new Chapter 17.07 entitled "Permits, Fees and Inspection" of the Pasco
Municipal Code Shall be and hereby is enacted and shall read as follows:
CHAPTER 17.07
PERMITS, FEES AND INSPECTION
Sections
17.07.010 Permits, Fees and Inspection.
17.07.020 Application.
17.07.030 Fees
17.07.040 Maintenance.
17.07.050 Inspections.
17.07.060 Approval.
17.07.010 No sign shall be erected, constructed, altered, relocated or modified
without first obtaining a permit pursuant to the provisions of this Title unless specifically
exempted herein:
A) Permit—Number Required. A separate permit shall be required for a sign or signs
for each business location. If the business entity's sign is part of a group of signs for a business
location, only one permit shall be required at the time of application.
B) Permit— Time Limitation. If, after the issuance of a sign permit, the operations
authorized thereunder are not completed or substantially completed within 180 days after the
date of the permit, such sign permit shall be automatically null and void.
C) Revocation of Permit. The Building Official may, in writing, suspend or revoke a
permit issued under provisions of this chapter whenever the permit is issued in error or on the
basis of incorrect information or whenever the sign is in violation of any ordinance, regulation or
provision of this chapter.
D) Change of Copy - the holder of a permit, for the duration thereof, shall have the
right to change the advertising copy on the structure or sign for which the permit was issued,
without being required to pay.any additional fees.
E) Wall Sign and Mural Maintenance. Failure to properly maintain the mediums
used within a painted wall sign or mural or artwork as defined herein shall be sufficient grounds
to revoke the sign permit.
F) Interpretation. In all applications for permits where a matter of interpretation
arise, the most restrictive definition shall prevail. Approval shall be dependent upon the showing
that the proposed sign meets the specific size and type criteria required under this Title and is
compatible with the surrounding environment. The Building Official shall consider the proposed
sign's form, proportion, scale, color, materials, surface treatment, overall sign size, and the size
Ordinance-20
and styling of the lettering considering its relationship with other nearby signs, other elements of
the street and site improvements and with adjacent structures.
17.07.020 APPLICATION. The permit required by this section is issued by the
Building Official pursuant to the provisions of this Chapter. In determining whether the criteria
for approval of a sign permit are satisfied, the Building Official shall use the criteria set forth in
this sign code. A decision is to be made within fourteen (14) working days of receipt of a
complete application and payment of the fee required. Application for a sign permit shall be in
written form upon forms furnished by the Building Official and shall include information as the
Building Official deems necessary to show full compliance with this sign code and all other laws
and ordinances affecting the construction and location of the sign.
17.07.030 FEES. A nonrefundable fee shall be paid upon the filing of an application
for a sign permit in accordance with Chapter PMC 3.07 Fee Summary.
17.07.440 MAINTENANCE. All signs shall be maintained in a state of security,
safety, and good repair. It shall be the responsibility of every owner of real property and his their
tenant or other person in possession of such property with the consent of the owner to maintain
every sign on such property in strict compliance with this code.
17.07.050 INSPECTIONS. All signs for which a permit is required shall be subject
to inspection by the Building Official. The permit holder shall notify the Building Official when
the following work is ready for inspection and shall not proceed further until such work has been
approved:
A) Footings - before any concrete is poured for freestanding signs or any other sign
partially supported on or attached to the ground.
B) Electrical - signs containing electrical wiring shall be inspected by the State
Department of Labor and Industries.
C) Final - to be made immediately after erection.
17.07.060 APPROVAL.
A) Each sign shall be adequately constructed - in accordance with the requirements
of the International Building Code and Sign Codes, as amended.
B) Signs containing electrical circuitry - shall meet the requirements of all state laws
and shall include an approved testing lab sticker.
Section.5. That a new Chapter 17.09 entitled "General Regulations" of the Pasco
Municipal Code shall be and hereby is enacted and shall read as follows:
Ordinance 21
CHAPTER 17.09
GENERAL REGULATIONS
Sections
17.09.010 Generally.
17.09.020 Fire Exits.
17.09.030 Traffic obstruction and visibility.
1.7.09.040 Removal of dangerous and/or illegal signs.
17.09.050 Abandoned signs and frames.
17.09.060 Property owner's consent.
17.09.070 Projection over public property.
17.09.080 Relocation required.
17.09.090 Clearance from power lines.
17.09.100 Aerial power source.
17.09.010 GENERALLY. All signs, including the frames, braces or supports,
including all structural attachments thereof, shall be constructed and maintained in accordance
with this title, the International Building Code, Title 25, and all other applicable ordinances of
the City.
17.09.020 FIRE EXITS. No sign or any portion thereof shall be anchored to, or
attached to, or supported by any fire escape or any standpipe, or erected so as to obstruct or
prevent the free ingress and egress from any window, door or fire escape.
17.09.030 TRAFFIC OBSTRUCTION AND VISIBILITY. No sign shall be erected
so as to obstruct the vision of vehicular traffic, or at any location where it may interfere with, or
be confused with, any traffic signal or device. No sign or sign structure shall be erected within
the vision triangle of a corner lot property measured (20 feet along the property_line from the
intersection of 2 streets or 15 feet from the intersection of a street and alley).
17.09.040 REMOVAL OF DANGEROUS AND/OR ILLEGAL SIGNS. If the
Building Official finds that any sign is unsafe or insecure, or is a menace to the public safety, or
has been constructed,erected, relocated or altered in violation of the provisions hereof; he shall
give written notice to the owner or the tenant of the property wherein it is located to remove or
alter such sign. If the owner or tenant fails to comply with the provisions of this title within 10
days after such notice, the Building Official may cause such sign to be removed.and the cost
thereof shall be paid by the owner or tenant. The Building Official may cause any sign that is an
immediate peril to persons or property to be removed summarily and without notice.
17.09.050 ABANDONED SIGNS AND FRAMES. Any sign, including support
frames, now or hereafter existing which no longer advertises a bona fide business conducted, or a
product sold or service rendered, shall be removed or the advertising copy shall be painted or
coated out. If the property owner or tenant fails to do so within 30 days after written notice from
the Building Official, the Building Official shall cause the sign to be removed or painted out and
Ordinance-22
any expense incident thereto shall be paid by the owner or tenant. All sign frames and supports
of abandoned signs must be removed within one year of the date of abandonment or business
closure.
17.4 9.060 PROPERTY OWNER'S CONSENT. It is unlawful for any person to
place, attach or maintain any sign, banner, card, sticker, handbill or other advertising device
upon or within any property, whether public or private, without securing the consent of the
owner or their tenant.
17.09.070 PROJECTION OVER PUBLIC PROPERTY, Signs supported entirely on
private property may extend into the public right-of-way as set forth in the Sign Allowance Table
(Chapter 17.10), provided that in no event shall any sign be permitted to extend beyond the curb
line. In the absence of a curb, the curb line shall be established by the City Engineer.
17.09.080 RELOCATION REQUIRED. The Building Official may, on 30 days
written notice e, by reason of changed traffic conditions or the construction or relocation of public
improvements or otherwise, find that a private sign that extends over or maintained on a public
property,must be relocated. The person maintaining such sign must remove, relocate or alter the
sign in accordance with the Building Official's finding at their sole expense.
17.09.090 CLEARANCE FROM POWER LINES. No sign shall be constructed or
maintained which would have less horizontal or vertical clearance from communications lines or
electric power lines than the clearance prescribed by the Electrical Construction Code of the
Washington State Department of Labor and Industries. In case of conflict, the most restrictive
shall apply. Whenever it becomes necessary for workmen to be less than 10 feet from any
electrical conductor carrying more than 600 volts, the sign contractor shall notify the proper
utility company to provide a standby service crew.
17.09.100 AERIAL POWER SOURCE. No aerial.or overhead power source shall be
allowed for any type of sign.
Section 6. That a new Chapter 17.11 entitled "Construction Standards" of the Pasco
Municipal Code shall be and hereby is enacted.and shall read as follow:
CHAPTER 17.11
17.11 CONSTRUCTION STANDARDS
Ordinance 23
Sections
17.11.010 General construction
17.11.020 Construction
17.11.010 GENERAL CONSTRUCTION
A) GENERAL. All signs shall be designed and constructed to resist wind and
seismic forces as specified in this chapter and the International Building Code (IBC). All bracing
systems shall be designed and constructed to transfer lateral forces to the foundations. For signs
on buildings, the dead and lateral loads shall be transmitted through the structural frame of the
building to the ground in such a manner as not to overstress any of the elements thereof.
The overturning moment produced from lateral forces shall in no case exceed 2/3rds of
the dead-load resisting moment. Uplift due to overturning shall be adequately resisted by proper
anchorage to the ground or to the structural frame of the building. The weight of earth
superimposed over footings may be used in determining the dead-load resisting moment. Such
earth shall be carefully placed and thoroughly compacted.
B) WIND LOADS. For the purpose of design, wind pressure shall be taken upon the
gross area of the vertical projection of all signs at not less than 15 pounds per square foot for
those portions less than 50 feet above the ground.
In calculating wind pressure on cylindrical or spherical signs or sign structures, this
pressure shall be assured to act on 6/10ths of the projected area. In all open frame signs, the area
used in computing wind pressure shall be 1.5 times the net area of the framing members exposed
to the wind.
C) SEISMIC LOADS. Signs and sign structures shall be designed and constructed to
resist seismic forces as specified in the building code.
D) COMBINED LOADS. Wind and seismic loads need not be combined in the
design of signs or sign structures; only that loading producing the larger stresses need be used.
Vertical design loads, shall be assumed to be acting simultaneously with the wind or
seismic loads.
E) ALLOWABLE STRESSES. The design of wood, concrete, or steel members
shall conform to the requirements of the building code. Loads, both vertical and horizontal,
exerted on the soil shall not produce stresses exceeding those specified in the building code.
The working stresses for wind or seismic loads combined with dead loads may be
increased as specified in the building code.
Ordinance-24
The working stresses of wire rope and its fastenings shall not exceed 25% of the ultimate
strength of the rope or fasteners.
17.11.020 CONSTRUCTION.
A) GENERAL. The supports for all signs shall be placed in or upon private property
and shall be securely built, constructed, and erected in conformance with the requirement of this
title.
B) MATERIALS. Materials of construction for signs shall be of the quality and
grade as specified for buildings in the building code.
In all signs, the materials and details of construction shall, in the absence of specified
requirements, conform to the following:
1) Structural steel shall be of such quality as to conform to standards of the
building code. The thickness of sheet metal, when formed integrally with the display
surface, shall be not less than No. 24 gauge. When not formed integrally with the display
surface, the minimum thickness of the secondary members shall be not less than No. 12
gauge. The minimum thickness of hot-rolled steel members furnishing structural support
for signs shall be of sufficient strength to support the loads imposed upon them. Steel
pipes shall be of such quality as to conform to the building code. Steel members may be
connected with one galvanized bolt provided the connection is adequate to transfer the
stresses in the member;
2) Anchors and supports for signs, when of wood which are embedded in the
soil, or in direct contact with, shall be pressure treated with an approved preservative
before erection.
3) No material, part, portion, or equipment shall be used in any sign that
might become dangerous because of vibration, corrosion, disintegration, or any other
reason.
C) RESTRICTIONS ON COMBUSTIBLE MATERIALS. Freestanding signs may
be constructed of any materials meeting the requirements of this title.
Wall signs, blade or projecting signs, and signs on awnings or canopies or marquees shall
be constructed of incombustible materials, except as provided in subsection (d) of this section.
No combustible materials other than approved plastics shall be used in the construction of
electric signs.
D) NONSTRUCTURAL TRIM. Nonstructural trim may be of wood, metal,
approved plastic or any combination thereof.
E) ANCHORAGE. Members supporting unbraced signs shall be so proportioned
Ordinance-25
that the bearing loads imposed on the soil in either direction, horizontal or vertical, shall not
exceed the safe values. Braced signs shall be anchored to resist the specified wind or seismic
load acting in any direction. Anchors and supports to the ground shall be designed for safe
bearing load on the soil and for an effective resistance to pull-out amounting to a force 25%
percent greater than the required resistance to overturning.
Signs supported by frames or posts rigidly attached to the base but not anchored into the
ground shall be so proportioned that the weight and size of the base will be adequate to resist the
wind pressure specified in Section 17.11.010 B).
Signs attached to masonry, concrete, or steel shall be safely and securely fastened thereto
by means of metal anchors, bolts, or approved expansion screws of sufficient size and anchorage
to safely support the loads applied.
No wooden blocks or plugs or anchors with wood used in connection with screws or nails
shall be considered proper anchorage, except in the case of signs attached to wood framing.
No anchor or support of any sign shall be connected to, or supported by, a parapet wall,
unless such wall is designed in accordance with the requirements specified in the building code
for parapet walls.
Cables, chains, wires or other flexible or loosely connected members shall not be
considered as adequate fastening, except for cloth signs and banners.
No sign shall be erected within the City unless the same is securely affixed to a solid
foundation or constructed so as to prevent the movement of the sign in a swinging motion.
F) SIGN QUALITY. All signs, and a copy thereon, visible from the street, shall be
designed and constructed to reduce distraction to motorists, and copy thereon shall be clear,
legible, and compatible with other permitted signs within that zoning district.
Section 7. That a new Chapter 17.13 entitled "Off-Premise Signs" of the Pasco
Municipal Code shall be and hereby is enacted and shall read as follows:
CHAPTER 17.13
17.13 OFF-PREMISE SIGNS
Sections
17.13.010 Generally.
Ordinance-26
17.13.020 Off-Premise Directional Sign Standards.
17.13.030 Off-Premise Directional Sign Location &Approval Requirements.
17.13.040 Standards and Locations for Off-Premise Directional Sign Kiosks.
17.13.050 Off-Premises Directional Sign Kiosk Design.
17.13.060 Eligibility Requirements to use Kiosk Space.
17.13.070 Kiosk Licenses.
17.13.010 GENERALLY. Except where otherwise specifically permitted by this
Code, it shall be unlawful and constitute a civil infraction for any person or entity to erect,
maintain, locate, or re-located any off-premise sign of any kind within the City of Pasco.
17.13.020 OFF-PREMISE DIRECTIONAL SIGN STANDARDS. All off-premise
directional signs shall conform to the following standards:
A) Be constructed of an aluminum sign stock or alternate material of equal quality
approved by the Community &Economic Development Director.
B) Be affixed to the ground by a metal post of a gauge, size and height equal to those
used for the erection of stop signs and standard street name signs.
C) Sign faces shall not be larger than 2 feet by 2.5 feet in size.
D) All sign backgrounds shall be painted white with a blue trim or border as
approved by the Community &Economic Development Director.
E) Lettering and arrows shall be painted blue and of the specified lettering fonts as
approved by the Community & Economic Development Director.
F) All signs, including the lettering thereon, shall be reviewed for clarity, legibility
and compatibility with other signs within the zoning district.
17.13.030 OFF-PREMISE DIRECTIONAL SIGN LOCATION & APPROVAL
REQUIREMENTS. Off-premise directional signs not proposed for approved kiosks may be
permitted in commercial or industrial zones of the City through the Special Permit Process
provided the following conditions are met.
A) The business or place requesting the special permit must clearly demonstrate it is
in a location that is difficult and or confusing to find.
B) The business or place does not have direct access to an arterial street.
C) That there are no other reasonable and cost effective alternatives of directing
individuals to the business or place.
Ordinance-27
D) Be supported by findings of fact developed through the review criteria in
25.86.060.
E) Located on private property; and
F) Not be adjacent locations identified in 17.30.040.
17.13.040 STANDARDS AND LOCATIONS FOR OFF-PREMISE
DIRECTIONAL SIGN KIOSKS. Due to the lack of intensive development and or the existence
of new streets, certain areas of the community will be permitted to have off-premise directional
sign kiosks. Off-premise directional sign kiosks are permitted to be erected near the
intersections of the following streets:
A) Broadmoor Boulevard & St. Thomas Drive.
B) Broadmoor Boulevard & Sandifur Parkway.
C) Sandifur Parkway & Road 68.
D) Road 68 & Burden Boulevard.
E) East Lewis Street&East Lewis Place.
F) Hillsboro Street & Commercial Avenue.
G) Hillsboro Street & Railroad Avenue.
H) Oregon Avenue & James Street.
1) Lewis & 28h Avenue.
The City Council may periodically review the need for off-premise directional sign
kiosks and modify the list of permitted locations for such signs by either adding or deleting
approved locations.
Off premise directional sign kiosks may be placed in the public right-of-way or private
property on sites that are compatible with the surrounding environments and complying with the
criteria set forth in this code and do not create hazard upon approval by the Community &
Economic Development Director.
17.13.050 OFF-PREMISE DIRECTIONAL SIGN KIOSK DESIGN. Off-premise
directional sign kiosks shall be designed and constructed by a licensed sign contractor. All off-
premise sign designs and construction materials must be approved by the Community &
Economic Development Director. As a minimum criteria, all directional sign kiosks shall be
construction of a metal or masonry framework and contain panel space for a minimum of 4
Ordinance-28
individual business identification signs. The color of the kiosk and individual sign plates shall
not interfere with traffic signals or signage and shall be compatible with the character of the
surrounding commercial environment, if any.
17.13.060 ELIGIBILITY REQUIREMENTS TO USE KIOSK SPACE. All
individual signs on. a kiosk must be approved by the Community,.& Economic Development
Director.
To be considered eligible for placement a off-premise sign kiosk, a business,
organization, or place must; meet or comply with items A) and B) listed below and meet or
comply with at least one of the criteria identified in C), D) or E) below:
A) Be a business, organization or place within the City limits of Pasco and be within
the general vicinity of the location of the kiosk; and
B) Not have erected an on premise freestanding sign higher than 35 feet after the
passage of this ordinance. Those properties that contain at least 100,000 square feet of floor area
are exempt from the prohibition of on premise signs exceeding 35 feet in height; and
C) Be a place or organization of community wide interest, operating.programs in
Pasco and recognized by a civic entity; or
D) Be a tourist attraction recognized by the City of Pasco or the Tri-Cities Visitor
and Convention Bureau; or
E) Have at least 5,000 square feet of floor area within one building and/or an
approved outdoor display area exceeding 20,000 square feet.
17.13.070 KIOSK LICENSES. All off-premise sign kiosks not erected by the City
must be covered by a license prior to permitting. All licenses shall be approved by the City
Council. At a minimum a licensee shall contain terms and conditions that will permit the
location and construction of an off-premise sign kiosk. All licenses shall be prepared by the City
Attorney and shall bind the licensee to strict construction, design, maintenance, and sign message
conditions. Licenses shall be non-exclusive and will give the City the right to authorize or reject
the placement of individual sign plates based upon their form, proportion, scale, color, materials,
surface treatment, overall sign size, and the size and style of the lettering, without restriction by
content. The licensee shall have an obligation to include sign plates of competing businesses or
developments if said sign plates are approved by the City.
Section S. That s new Chapter 17.15 entitled "Nonconforming Signs" of the Pasco
Municipal Code shall be and hereby is enacted and shall read as follows:
CHAPTER 17.15
17.15 NONCONFORMING SIGNS
Ordinance-29
Sections
17.15.010 General.
17.15.020 Maintenance.
17.15.030 Moving of Alterations.
17.15.040 Appeal
17.15.050 Removal of Nonconforming Signs.
17.15.010 GENERAL.
A) Every sign which by change of zoning district or by annexation of territory to the
City, becomes in violation of, or does not conform to the provisions of this title, shall be
removed or altered so as to conform with the provisions of this title within five (5) years from the
effective date of such amendment or change. Except prohibited signs under Section 17.05.040,
shall be removed upon written notification.
17.15.020 MAINTENANCE. Nonconforming signs may be maintained, repaired
and repainted without a permit or fee; however; the sign, other than change of copy, may not be
modified (unless the modification brings the sign into compliance with this code) expanded,
relocated, or structurally altered. Maintenance excludes major structure repairs designed to
extend the useful life of the nonconforming sign. If the nonconforming sign is damaged by
wind, fire, neglect, or by any other cause, and such damage exceeds 60% of its replacement
value, the nonconforming sign will be removed. Upon change of use of a business or premises, a
nonconforming sign shall be brought into compliance with this code within 180 days.
17.15.030 MOVING OR ALTERATIONS. In such cases where a nonconforming
sign is moved or changed, the sign shall be treated as a new sign and shall be subject to the
requirements of this title.
17.15.040 APPEAL. The period specified in Section 17.15.010 may be extended by
the Hearing Examiner upon application of the person maintaining such sign if the Hearing
Examiner finds that such an extension is necessary for the preservation of substantial property
rights of the applicant. The application for the extension shall be made in writing with the City
Planner within 10 days after notice to remove the sign has been issued by the Building Official.
17.15.050 REMOVAL OF NONCONFORMING SIGNS. If the provisions of
Section 17.15.010 are not complied with regarding removal or alteration of non-conforming
signs, and no appeal is made in accordance with Section 17.15.040, the non-conforming sign to
may be removed by the city, and the cost thereof shall be charged to the owner or tenant. If the
removal of any sign requires compensation in accordance with RCW 47.42.107, such sign may
remain until the city orders compliance by written notice.
Section 9. That a new Chapter 17.17 entitled "Variances and Appeals" of the Pasco
Ordinance-30
Municipal Code shall be and hereby is enacted and shall read as follows:
CHAPTER 17.17
VARIANCES AND APPEALS
Sections
17.17.010 Variance and appeal procedure.
17.17.010 VARIANCES AND APPEALS PROCEDURE.
A) POWERS. Recognizing that there are certain cases that may, or may not, be
detrimental to aesthetic character, public health, safety and general welfare, and the effectiveness
of visual communication in the city depending upon the facts of each particular case, a limited
power to issue variance permits and to interpret any section of the title is vested with the Hearing
Examiner.
B) VARIANCES AND APPEALS. Application for appeals and variances from the
ruling of the Building Official, concerning the provisions herein, may be made to the Hearing
Examiner. The City Planner shall receive all applications requesting review of the Building
Official's requirements, decisions, or determinations relating thereto, for a variance. The City
Planner shall fix a reasonable date and time for the public hearing and shall give at least 10 days
advance written notice thereof to the parties and to the owners of property within 300 feet of the
actual or anticipated location of this sign subject to the variance. The Hearing Examiner shall
conduct a hearing and make a decision following the procedures outline in Chapter 25.84 PMC.
C) STAY. An application to the Hearing Examiner stays all proceedings, in
furtherance of the action unless in .the opinion of the Building Official a stay would cause
imminent peril to life or property.
D) VARIANCE CRITERIA. The Hearing Examiner may approve a variance for the
requirement of this code if the applicant demonstrates that:
1) Strict application of the code requirement would deny the applicant a
reasonable opportunity to communicate by sign in a manner similar to like persons or
uses because of an unusual or unique circumstance relating to the property .or the
proposal, such as site or building location, building design, physical features of the
property, or other circumstance not created by the applicant;
2) The sign which would result from the variance will not affect the
surrounding neighborhood or other property affected by the request in a manner material
inconsistent with the purposes of this sign code; and
3) The degree of the variance is limited to that reasonably necessary to
alleviate the problem created by the unique of unusual circumstances identified in
Ordinance 31
subsection A of this section.
E) Appeal Any person or entity having a direct interest affected by the decision of
the Community & Economic Development Director or Building Official regarding the approval
or denial of a perniit, conditions imposed for approval, or interpretation or application of the
provisions of this sign code may appeal that decision to the Hearing Examiner in the same
manner as the procedure provided in subsection B above. In hearing the appeal, the Hearing
Examiner shall give deference to the Community & Economic Development Director and
Building Official's expertise and the applicant shall bear the burden of proof that the Community
& Economic Development Director and/or Building Official's decision was arbitrary or
capricious or clearly erroneous.
F) Finality. The Hearing Examiner shall render its decision, together with the
written Findings of Fact within ten (10) working days of the close of the hearing.
G) Unless a Land Use Petition Act appeal by a person having standing is initiated
pursuant to Chapter 36.70C RCW in the Franklin County Superior Court within 21 days of the
issuance of the land use decision, the decision of the Hearing Examiner shall be final.
H) Collection of Expenses Incurred. Whenever, pursuant to the provisions of
Sections 17.15.040, or 17.15.050, the City incurs any expense in connection with the removal or
alteration of any sign, the cost.thereof shall be paid by the owner of the real property upon which
the sign is erected or maintained. In the event any other person is in possession of such property
with the consent of the owner, the owner and such other person shall be jointly responsible for
the payment of such cost.
The City shall submit to the owner and/or other person in possession of the premises, a
statement of costs incurred by the City for removing or altering the sign.
Upon the failure to receive full payment within 30 days from the date the statement is
submitted, or within 30 days after conclusion of any appeal proceedings, whichever is later, the
City is authorized to provide for the collection of the amounts due in any lawful manner.
Section 10. APPLICABLITY TO CAMPAIGN SIGNS
The regulations adopted in this ordinance applicable to campaign signs shall not become
effective until December 1, 2006.
Section 11. REPEAL
The existing Sign Code consisting of the following Chapters of the Pasco Municipal
Code shall be and hereby are repealed in their entirety:
Chapter 17.02, 17.04, 17.08, 17.10, 17.12, 17.14, 17.16, 17.20, 17.24, 17.28, 17.32,
Ordinance-32
17.36, 17.40, 17.44, 17.46, 17.48, 17.52, 17.56 and 17.60
Section 12. This Ordinance shall take full force and effect the first day of September
2006, after its approval, passage and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington and approved as
provided by law this day of , 2006.
Joyce Olson
Mayor
ATTEST: APPROVED AS TO FORM:
Debra L. Clark Leland B. Kerr
City Clerk City Attorney
I
I
Ordinance-33
CITY OF PASCO
SUMMARY OF ORDINANCE NO.
ORDINANCE NO. - - , is an ordinance repealing PMC Title 17 and .enacting a
new PMC title 17 dealing with signs.
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 99301-0293.
Sandy Kenworthy, Deputy City Clerk
AGENDA REPORT NO. 85
FOR: City Council Date: September 14, 2006
TO: Gary Crutchfi 1 Manager FROM: Richard J. Smi h, Director Regular: 9/18/06
Community & Economic Development
SUBJECT: Parkin Restrictions on East Lewis Place
I. REFERENCE(S):
A. Map
B. Draft Ordinance
li. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
. 9/18/06 MOTION: I move to adopt Ordinance No. amending PMC
Sections 10.56.040 and 10.56.090 to restrict parking on
East Lewis Place, and, further, authorize publication by
summary only.
III. FISCAL IMPACT
Cost of Signs
IV. HISTORY AND FACTS BRIEF:
A. On Sundays, during warm weather months, the Pasco Flea Market
operates on an open lot fronting on East Lewis Place in East Pasco.
B. The only point of ingress and egress to the Flea Market is by East Lewis
Place which intersects with East Lewis Street. This intersection, the
subject of resident complaints,becomes very congested.
C. In August, 2006, the City Manager and staff met with the owner of the
Flea Market and reiterated his responsibility to provide flaggers and
manage the traffic both at the East Lewis Street/East Lewis . Place
intersection and the entrance to the Flea Market parking lot.
D. People have been parking with increasing frequency along the side of the
road along East Lewis Place and walking to the Flea Market. This
practice exacerbates the congestion. People have also been observed
driving on the shoulder of the road, a safety hazard for pedestrians.
E. The City staff thus proposes to post "No Parking" signs along East Lewis
Place from the cul-de-sac at the end of East Lewis Place to the Bradley's
Towing property line (see map). Cars parking along the street could be
towed or ticketed. Moreover, the signs themselves will be physical
barriers preventing people from driving on the shoulders.
V. DISCUSSION:
A. Prohibiting parking on East Lewis Place requires an amendment to PMC
10.56.090 (Schedule IV, Parking During Certain Hours on Certain
Streets).
B. Council discussed this matter at a September 11, 2006 workshop.
C. There will be no impact upon occupied residences.
D. The parking prohibition will be in effect from 6:00 a.m. to 6:00 p.m.
Saturday and Sunday.
8(b)
i
Exhibit A
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Exhibit B
ORDINANCE NO.
AN ORDINANCE of the City of Pasco, Washington,
Amending Section 10.56.040 Entitled "Parking Prohibited
During Certain Hours on Certain Streets" and PMC 10.56.090
Entitled "Schedule IV - Parking Prohibited During Certain
Hours on Certain Streets" Prohibiting Parking on East Lewis
Place During Certain Hours on Saturdays and Sundays
WHEREAS, pursuant to RCW 46.61.570, the City Engineer has determined that
weekend parking on East Lewis Place in conjunction with the commercial activities adjacent
thereto creates unacceptable traffic congestion, interferes with the rights of adjacent property
owners, and creates a potential safety hazard; and pursuant to his authority as provided by law
(WAC 308-330-265) has after investigation deemed it necessary to regulate the parking on East
Lewis Place and to minimize the problems identified above, NOW, THERFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO HEREBY
ORDAIN AS FOLLOWS: .
Section 1. That Section 10.56.0 40 entitled "Parking Prohibited During Certain Hours
on Certain Streets of the Pasco Municipal Code shall be and hereby is amended and shall read
as follows:
10.56.040 PARKING PROHIBITED DURING CERTAIN HOURS ON CERTAIN
STREETS. When signs are erected in each block giving notice thereof, no person shall park a
vehicle on the days or between the hours specified and within the district or upon any of the
streets specified or described in Section 10.56.090, Schedule IV, on any day exeept Sundays�
uri�a
holidays. (Ord. 1999 Sec. 2, 1978; Ord. 1824 Sec. 8, 1976;prior code Sec. 8-34.16.)
Section 2. That Section 10.56.090 entitled "Schedule IV - Parking Prohibited During
Certain Hours on Certain Streets" of the Pasco Municipal Code shall be and hereby is amended
and shall read as follows:
10.56.090 SCHEDULE IV - PARKING PROHIBITED DURING CERTAIN
HOURS ON CERTAIN STREETS. In accordance with Section 10.56.040, and when signs are
erected giving notice thereof, no persons shall park a vehicle on the days or between the hours
specified herein on any street within the district
or upon any of the streets or parts of streets as follows:
DISTRICT PROHIBITED
3rd (Clark south to alley, west side) All times
(except Sundays and public holida s
Ordinance Amending
Section 10.56.040 and 10.56.090- 1
i
Court Street(south side) 10th Avenue All times
to 14th Avenue (except Sundays and public holidays)
i 0th Avenue (Henry to Marie, west side) 8:00 a.m. - 5:00 p.m. school days
18th Avenue from Park to Henry 8:00 a.m. - 5:00 p.m.
(except Sundays and public holidays)
10th Avenue (east side) for a distance of All times
125 feet south of the south curb line of (except Sundays and public holidays)
Brown Street
East Lewis Place (both sides) from its 6:00 a.m. to 6:00 p.m.
east terminus west 2,842 feet Saturdays and Sundays
(Ord. 3774, 2006; Ord. 2640 Sec. 1, 1987; Ord. 2138 Sec.l, 1980; Ord. 1973 Sec. 4,
1976; prior code Sec. 8-42-16.)
Section 3. This Ordinance shall take full force and effect five (5) days after its
approval, passage and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington and approved as
provided by law this day of , 2006.
Joyce Olson
Mayor
ATTEST: APPROVED AS TO FORM:
Debra L. Clark Leland B. Kerr
City Clerk City Attorney
Ordinance Amending
i
Section 10.56.040 and 10.56.090-2
AGENDA REPORT
FOR: City Counci September 14, 2006
TO: Gary Crutch 1 Manager Workshop Mtg.:
Regular Mtg.: 9/18/06
FROM: Stan Strebel, Live and Community
Services Di or
SUBJECT: Bid for Kurtzman Park Upgrades and Sun Willows
Portable Restroom Project
I. REFERENCE(S):
A. Bid Tabulations.
IL ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
9/18: MOTION: I move to award the contract for the Kurtzman Park Upgrades/Sun
Willows. Portable Restroom Project to. the low bidder, Tenant
Contractors, Inc., in the amount of$111,496.91, including sales tax
for the base bid and Alternates #1 and #2 and further, to authorize
the City Manager to sign the contract documents.
1QI. FISCAL IMPACT:
Park Development Fund $69,312.32. General Fund $42,184.59. (Requires General Fund
supplement of$10,000)
IV. HISTORY AND FACTS BRIEF:
A). On September 13 the City received 3 bids for the Kurtzman Park Upgrade/Sun
Willows Portable Restroom Project. See bid tabulation attached. Tenant
Contractors, Inc., of Enumclaw, Washington, submitted the lowest bid in the
amount of$111,496.91. The high bid was $220,000.
B) This project includes renovation of the Kurtzman. Park pavilion to improve
cleanliness, appearance and function of the facility. Improvements at the
Kurtzman Building will improve the facility (restrooms, lighting and landscaping)
for public use and as the Police Mini-Station. The final part of the project
includes the construction of a portable restroom facility at Sun Willows Golf
Course to screen current portable restrooms from newly constructed homes on the
golf course.
C) Staff recommends award of the bid to the low bidder, Tenant Contractors, Inc.
10(a)
CITY OF PASCO !r 4
Kurtzman Park Upgrades 1 " •�
Sun Willows Portable Restroom Projects
9.13.2006
Time: 2:00 pm
CONTRACTOR: Industrial Constructors, Inc. YES NO
Prequalified X
Subcontract Disclosure X
Bid Bond X
Non-Collusion Affidavit X
Base Bid $120,000
Acknowledge Addendum #1 X
Alternate Bid #1 $55,000
Alternate Bid #2 $45,000
Total 220,000
CONTRACTOR: Tenant Contractors YES NO
Prequalified X
Subcontract Disclosure X
Bid Bond X
Non-Collusion Affidavit X
Base Bid $51,841.30
Acknowledge Addendum #1 X
Alternate Bid #1 $34,942.05
Alternate Bid #2 $24,713.56
Total $111,496.91
CONTRACTOR: Siefken & Sons YES NO
Prequalified X
Subcontract Disclosure X
Bid Bond X
Non-Collusion Affidavit X
Base Bid $82,926.00
Acknowledge Addendum #1 X
Alternate Bid #1 $53,257.00
Alternate Bid #2 $31,945.00
Total $168,128.00
AGENDA REPORT
TO: City Council September 14, 2006
FROM: Gary Crutchfi anager Regular Mtg.: 9/18/06
SUBJECT: Franklin Coun Economic Development Grant Agreement
I. REFERENCE(S):
1. Proposed Agreement
II. ACTION REQUESTED OF COUNCIL!STAFF RECOMMENDATIONS:
9/18: MOTION: I move to approve the Interlocal Agreement with Franklin County for
receipt of economic development funds and, further, authorize the
Mayor to sign the agreement.
III. FISCAL IMPACT:
Grant award of$180,000 to be applied to the cost of constructing the East Lewis/Billings
Street intersection.
IV. HISTORY AND FACTS BRIEF:
A) Franklin County, since 1999, has collected .eight one-hundredths of one percent
(.0008%) of sales tax on all retail sales in the county (including the city). That
particular sales tax fraction was authorized by the state legislature to be collected in
counties for economic development purposes; the funds must be spent on public
facilities and improvements which will enhance the opportunity for private economic
development investment in the county, thus leading.to more jobs and an improved
tax base.
B) Franklin County issued about $5 million worth of bonds in 1999, .committing the
sales tax revenue to retire the bonds over the ensuing 20 years. Since that time, the
sales tax income has increased(due largely to the growth experienced throughout the
county over the past 'several years) and the County is prepared to issue
approximately $2 million in additional bonding, based on the current flow of sales
tax income.
C) Franklin County consulted with the cities and the port district regarding potential
utilization of the additional $2 million: The Port of Pasco and the City requested that
$800,000 be allocated for the enhancement of the industrial area south of"A" Street.
Specifically, that $600,000 be allocated to the Port to cause the installation of a
railroad switch which will allow rail access to be extended and$180,000 to assist the
installation of the new truck route extending from the East Lewis interchange to"A"
Street (Billings Street). The Franklin.County Commission approved the City and
Port requests this summer and has provided a proposed interlocal agreement to
formally convey the funding award.
V. DISCUSSION:
A) The grant agreement is similar to that which was executed in 1999 for other grant
funds received through the County's economic development program. The
agreement requires the project to-be completed within 24 inonths;•the City's project
is virtually complete already. Thus,there will be no conflict with the rules.regarding
investment of the grant funds, as they will be expended immediately upon receipt to .
reimburse the cost already incurred for the subject project.
B) Staff recommends approval of the grant agreement.
io(b)
I
INTERLOCAL COOPERATIVE AGREEMENT BETWEEN THE CITY
OF PASCO, WASHINGTON, AND FRANKLIN COUNTY,
WASHINGTON, FOR DISBURSAL OF RURAL COUNTY FUNDS
PURSUANT TO RCW 82.14.370
THIS INTERLOCAL COOPERATIVE AGREEMENT is entered into this day of
2006, between the City of Pasco, a Washington municipal corporation (the
"Recipient"), and Franklin County,Washington (the"County").
WHEREAS, the County is authorized by RCW 82.14.370 and Laws of 1999, chapter 311
(collectively, the "Act") to impose a sales and use tax not to exceed eight one-hundredths of one
percent (0.08%) for the purpose of financing public facilities in the County(the"Tax"); and
WHEREAS, the County imposed the Tax at the maximum statutory rate pursuant to
Ordinance No. 08-99, adopted by the Board of County Commissioners on June 7, 1999; and
WHEREAS, the Act authorizes the County to deduct the amount of the Tax from the
amount of tax otherwise required to be collected or paid over to the Department of Revenue
under chapter 82.08 or 82.12 RCW; and
WHEREAS, the County has relied on the Legislature's express intent that the County
impose the Tax and use it to finance public facilities for not longer than 25 years to promote the
ongoing operation and expansion of business in rural distressed areas, to attract new businesses
to rural distressed areas, to assist in the development of new businesses from within rural
distressed areas, to provide family wage jobs to the citizens of rural distressed areas and to
promote the development of communities of excellence in rural distressed areas; and
WHEREAS, the County has consulted with all cities, towns and port districts within the
County regarding the use of Tax proceeds; and
WHEREAS, an advisory committee appointed by the County convened and reviewed
fourteen (14) requests for allocations of Tax proceeds, the aggregate sum of which was
$10,590,000; and
WHEREAS, the advisory committee has recommended five (5) proposals for funding
totaling$1,980,000; and
WHEREAS, the advisory committee has recommended the specific proposal of the
Recipient described herein for funding totaling $180,000; and
WHEREAS, the Recipient and County, by their respective governing bodies, have
determined that it is in the best interest of each jurisdiction to cooperate in disbursing Tax
proceeds received by the County pursuant to the Act; and
J_1B0WEN\Economic Development Plan120061Interlocal Agreement City of Pasco.DOC 1-
WHEREAS, the County anticipates issuing one or more series of non-voted general
obligation bonds (collectively, the "Bonds") to finance the amount transferred to the Recipient
hereunder; and
WHEREAS, pursuant to the Interlocal Cooperation Act (chapter 39.34 RCW), the
Recipient and County are authorized to exercise their powers jointly and thereby maximize their
abilities to provide services and facilities which will best fulfill common needs; and
WHEREAS, the Recipient is authorized by chapters 35.22 and 35A.21 RCW to
undertake the Project (as defined in Section I of this Agreement); and
WHEREAS, the County is authorized by chapters 36.75 through 36.88 RCW to acquire,
construct and install improvements of the type included within the Project; and
WHEREAS, RCW 36.01.085 provides that it shall be a public purpose for all counties to
engage in economic development programs; and
WHEREAS, the Project is included in the County's overall economic plan, as adopted by
Resolution No. 2006-250 of the Board of County Commissioners on May 15, 2006; and
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
Recipient and the County agree as follows:
Section 1. Purpose.
The purpose of this Agreement is to formalize a commitment whereby the County will
allocate to the Recipient the sum specified in Section 3 hereof, and whereby the Recipient will
complete the Project(as defined below)upon the terms and conditions described herein.
The Recipient will use the Grant Amount (as defined below) and any interest earnings
thereon to fund the completion of the East Lewis Street truck route intersection in connection
with a project to make a clearly defined north/south primary arterial street and appropriate traffic
controls,as well as convenient and safe access to the industrial area (the "Project").
Section 2. Project Time/Budget.
Work on the Project shall be substantially complete within 24 months from the effective
date of this Agreement. For purposes of RCW 39.34.030(3)(d), the Recipient will establish and
maintain a Project construction budget and, for so long as the Project is owned and operated by
the Recipient, will consider the needs of the Project when preparing the Recipient's annual
operating budget. The Recipient will be responsible for acquiring, holding and disposing of
Project property. Unless otherwise agreed by the parties by subsequent written instrument, the
County shall not own any real or personal property acquired with the Bond proceeds distributed
to the Recipient hereunder.
JABOY&N%Economic Development Plan120061Interlocal Agreement City of Pasco,DOC -2-
Section 3. Grant Amount!Tax Covenants.
(a) The County will transfer to the Recipient, on or about the time the Bonds are
issued, the principal amount of $180,000 (the "Grant Amount"). The Recipient acknowledges
that such amount will be derived from Bond proceeds. The Recipient covenants that:
(1) The Recipient has entered into a contract or otherwise incurred a
substantial binding obligation toward commencement of the Project involving an amount equal
to at least 5% of the Grant Amount, or will have entered into such a contract or other substantial
binding obligation within six months after the Bonds are issued. Construction of the Project is
expected to begin in August of 2006. Work on the Project and expenditure of the Grant Amount
are expected to proceed with due diligence to the completion of the Project. The Recipient will
not use any portion of the Grant Amount to reimburse itself for expenditures made prior to
August 1, 2006.
(2) The Recipient expects that at least 85% of the Grant Amount will be spent
for the Project by July 1, 2009, a date that is within three years after the Bonds are issued, and
that no portion of the Grant Amount will be invested in investments having a substantially
guaranteed yield for four years or more.
(3) The Recipient will not take any intentional action to earn any
impermissible arbitrage profit from the investment of the Grant Amount. No portion of the Grant
Amount will be used directly or indirectly to replace funds of the Recipient invested in
investments with greater yields than the yield of the Bonds.
(4) The Recipient will not knowingly take any action or make or permit any
use of the Grant Amount, together with interest earnings thereon, at any time during the term of
this Agreement that would cause interest on the Bonds to be included in gross income for federal
income tax purposes.
(5) The Recipient will document and account specifically for the investment
and expenditure of the Grant Amount, and will notify the County of any unspent proceeds of the
Grant Amount not later than June 30, 2009.
(6) The Recipient will provide such documentation as the County reasonably
requests in connection with complying with the federal income tax requirements pertaining to the
Bonds, including the documentation required by Section 3(b).
(b) The Recipient acknowledges that the Bonds and the use of Bond proceeds by the
Recipient will be subject to the arbitrage rebate requirements of Section 148 of the Internal
Revenue Cade of 1986. The Recipient will not invest the Bond proceeds (Le. the Grant
Amount and interest earnings thereon) at a yield that is greater than five and one-half
percent (5.5%) per annum or such lesser amount as the County's Chief Administrative
Officer specifies in writing to the Recipient when the Grant Amount is delivered to the
Recipient. Until such time as the Grant Amount is fully expended, the Recipient will send to the
County Treasurer by the fifteenth day of each month a report showing:
JABOWEMEconomic Development P1an1200611nterlocal Agreement City of Pasco,DOC -3-
(1) the aggregate sum of the Grant Amount and investment earnings thereon
as of the last day of the preceding month;
(2) the amounts of expenditures of the Grant Amount (including expenditures
of the investment earnings thereon) and dates on which such expenditures were made for the
preceding month; and
(3) with respect to .each investment acquired with the Grant Amount (and
investment earnings thereon), the following items of information for transactions made during
the preceding month:
(i) its purchase date,
(ii) its purchase price,
(iii) its fair market value on the purchase date,
(iv) the amount of accrued interest due on the purchase date,
(v) its face amount,
(vi) its disposition price,
(vii) the accrued interest due on its disposition date, and
(viii) its disposition date.
Section 4. Inspection of Work/Reporting.
The County may inspect the progress on the Project at reasonable times, and with
reasonable advance notice to the Recipient. The Recipient shall file a report with the County in
January of each year succeeding completion of the Project, for 3 years, reflecting the number of
jobs created and retained as a result of the Project, along with other related information
reasonably required by the County to measure the economic impact of its financial assistance.
Section 5. Inspection of Records.
The records and documents with respect to all matters covered by this Agreement shall be
subject to inspection by each party during the term of this Agreement and for two years after
Project completion.
Section 6. Force Majeure.
In the event any of the work on the Project is delayed by acts of God, fire, flood or any
other unavoidable casualty including labor strikes or late delivery of materials, the time for
completion of the Project shall be extended for the same period as the delay occasioned by any
of the aforementioned causes.
]:1BOV&W1:conomic Development P1an1200611nterlocal Agreement City of Pasco.DOC -4-
Section 7. Time of Essence.
For the purposes of this Agreement, time is of the essence. Should any dispute arise
concerning the enforcement, breach or interpretation of this Agreement, venue shall be placed in
Franklin County, Washington, and the laws of the State of Washington shall apply.
Section 8. Repeal or Modification of the Act.
The County, in reliance on the continued effectiveness of the Act and the County's ability
to impose and collect the Tax, has incurred or will incur indebtedness by issuing the Bonds in
furtherance of the Project. In the event the Act is repealed or modified, and such repeal or
modification materially impairs the County's ability to repay the Bonds, then the Recipient
agrees to assume the remaining proportionate share of the County's debt service obligations
under the Bonds properly allocable to the Project. The parties have no expectations that the Act
will be repealed.
Section 9. Modification of the Agreement.
This Agreement may be modified only by the written consent of each party.
Section 10. Term of Agreement and Termination.
This Agreement shall become effective on full execution hereof, and shall expire upon
the latest of. (i)the final payment on the Bonds (and any bonds issued to refund the Bonds),
(ii)the payment in full to the County of the amount, if any, owed by the Recipient pursuant to
Section 8 of this Agreement, and (iii)the completion of the Project. Upon the termination of this
Agreement, all property acquired by the Recipient with the Bond proceeds shall remain
Recipient's property, with no obligation to pay the County therefore.
Section 11. No Separate Legal Entity.
It is not the intention that a separate legal entity be established to conduct this cooperative
undertaking. For purposes of RCW 39.34.030(4)(a), the Recipient's chief administrative officer
shall administer the Project.
Section 12. Indemnification of the County.
The Recipient shall at all times protect, indemnify and save harmless the County from
and against all liabilities, obligations, claims, damages, penalties, causes of action, costs and
expenses (including, without limitation, reasonable counsel fees, and expenses) imposed upon or
reasonably incurred by or asserted against the County on account of (i) any failure of the
Recipient to comply with any of the terms of this Agreement or (ii) any loss or damage to real or
personal property or any injury to or death of any person that may be occasioned by any cause
whatsoever pertaining to the Project or the use or financing thereof or (iii) any use of the Project
in violation of applicable law (including environmental laws); provided, the Recipient has no
kTOWENTconomic Development P1an1200611nterlocal Agreement City of Pasco.DOC 5-
obligation to indemnify the County for any claim or liability resulting from the County's
negligence or willful misconduct.
Section 13. Severability.
In the event any term or condition of this Agreement or application thereof to any person,
entity or circumstance is held invalid, such invalidity shall not effect any other terms, conditions
or applications of this Agreement which can be given effect without the invalid term, condition,
or application. To this end, the terms and conditions of this Agreement are declared severable.
Section 14. Survival.
Sections 3, 5, 8 and 12 of this Agreement shall survive the termination of this Agreement.
IN WITNESS WHEREOF, the parties have signed this Agreement as of this day of
2006.
RECIPIENT: CITY OF PASCO,WASHINGTON
By:
Title: Mayor
Attest:
By:
Title: Clerk
COUNTY: FRANKLIN COUNTY, WASHINGTON
By:
Title: Chairman
Board of County Commissioners
Attest:
By:
Title: Clerk
Board of County Commissioners
J:IBOWEN\Economic Development PlanU00611nterlocal Agreement City of Pasco.DOC 6-
STATE OF WASHINGTON )
) ss.
COUNTY OF FRANKLIN }
I certify that I know or have satisfactory evidence that
and are the persons who appeared before me, and said persons
acknowledged that said persons signed this instrument, on oath stated that said persons were
authorized to execute the instrument and acknowledged it as the Mayor and Clerk, respectively,
of the City of Pasco, a municipal corporation of the State of Washington, to be the free and
voluntary act of such municipal corporation for the uses and purposes mentioned in the
instrument.
Dated this day of 2006.
(Signature of Notary)
(Legibly Print or Stamp Name of Natary)
Notary public in and for the State of Washington,residing at
My appointment expires
STATE OF WASHINGTON )
) ss.
COUNTY OF FRANKLIN )
I certify that I know or have satisfactory evidence that
and are the persons who appeared before me, and said persons
acknowledged that said persons signed this instrument, on oath stated that said persons were
authorized to execute the instrument and acknowledged it as the Chairman and Clerk,
respectively, of the Board of County Commissioners of Franklin County, a municipal
corporation of the State of Washington, to be the free and voluntary act of such municipal
corporation for the uses and purposes mentioned in the instrument.
Dated this day of 2006.
(Signature of Notary)
(Legibly Print or Stamp Name of Notary)
Notary public in and for the State of Washington,residing at
My appointment expires
J:IBOWEN\Economic Development P1an12006Untedocal Agreement City of Pasco.DOC -7-