HomeMy WebLinkAbout2007.02.12 Council Workshop Packet AGENDA
PASCO CITY COUNCIL
Workshop Meeting 7:00 p.m. February 12, 2007
1. CALL TO ORDER
2. VERBAL REPORTS FROM COUNCILMEMBERS:
3. ITEMS FOR DISCUSSION:
(a) Pasco Landfill Cleanup Program:
1. Agenda Report from Gary Crutchfield, City Manager dated February 8, 2007.
2. Map.
(b) Public Participation Plan (CPA06-002):
1. Agenda Report from David I. McDonald,City Planner dated February 5, 2007.
2. Draft Public Participation Plan.
3. Memo to Planning Commission,dated 1/18/07.
4. Planning Commission Minutes, dated 12/21/06 and 1/18/07.
(c) Proposed Code Amendment(Concurrency) PMC Title 12 (MF#CA06-002):
1. Agenda Report from David.I. McDonald,City Planner dated February 7, 2007.
2. Proposed Ordinance.
3. Memo to the Planning Commission.
4. Planning Commission Minutes,dated 7/20/06 and 11/16/06.
(d) Annexation: City/County Boundary Adjustments (MF#ANX07-001):
1. Agenda Report from David I. McDonald,City Planner dated February 7, 2007.
2. Interlocal Cooperation Agreement.
3. Proposed Ordinance Adjusting the City Limits.
(e) Disposal of Surplus Property:
1. Agenda Report from Debbie Clark, City Clerk dated February 9, 2007.
2. Memorandum from David Renzelman, Crime Specialist/Evidence Technician.
3. Proposed Resolution.
(f) Amendments to Municipal Code Regarding Disposal of Personal Property:
1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated
January 31, 2007.
2. Proposed Ordinance.
(g) Golf Course Lease:
1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated
January 26,2007.
2. January 10,2007 letter from I.R.I.
(h) Audit Finding:
1. Agenda Report from Gary Crutchfield, City Manager dated February 9, 2007.
2. "Schedule of Findings"FY2005.
4. OTHER ITEMS FOR DISCUSSION:
(a)
(b)
(c)
5. EXECUTIVE SESSION:
(a)
(b)
(c)
6. ADJOURNMENT.
Workshop Meeting 2 February 12,2007
Reminders:
1. 12:00 p.m., Monday, February 12, Pasco Red Lion - Chamber of Commerce General Membership
Meeting. ("The State of Columbia Basin College" presented by Rich Cummins, Acting President
CBC.)
2. 10:00 a.m., Tuesday, February 13, Senior Center — Senior Citizens Advisory Committee Meeting.
(COUNCILMEMBER TOM LARSEN, Rep.; BOB HOFFMANN, Alt.)
3. 10:00 a.m.,Wednesday, February 14— 1:00 p.m., Thursday, February 15, Red Lion, Olympia—AWC
City Legislative Action Conference. (COUNCILMEMBERS REBECCA FRANCIK and MATT
WATKINS)
4. 12:00 a.m., Thursday, February 15, 322 W. Columbia Street — Pasco Downtown Development
Association Meeting. (COUNCILMEMBER TOM LARSEN, Rep.; MATT WATKINS,Alt.)
5. 11:30 a.m., Friday, February 16, Roy's Smorgy — Benton-Franklin Council of Governments Board
Meeting. (COUNCILMEMBER TOM LARSEN,Rep.; BOB HOFFMANN,Alt.)
AGENDA REPORT
TO: City Council February 8, 2007
FROM: Gary Crutch 1 Manager Workshop Mtg.: 2/12/07
SUBJECT: Pasco Landfil Cleanup Program
I. REFERENCE(S):
1. Map
II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS:
2/12: Discussion
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
A) The city has long contracted with Basin Disposal Inc., (BDI) for solid waste
collection and disposal services, extending back to the 1950s. Prior to the 1970s,
BDI acquired and operated a site east of town as a "dump site." At that site, all of
the solid waste from Pasco, Franklin County, parts of Kennewick and other "public
service contracts"was deposited.
B) Sometime in the early 1970s, BDI accepted for disposal at the site barrels of
industrial waste (solvents, etc.), principally from the Puget Sound area (Boeing,
PACCAR, etc.). Within 20 years, the barrels were leaking the substances into the
ground, as evidenced by altered ground water conditions.
C) In the early 1990s, the site was designated by the state (and federal EPA) as a source
of ground water pollution and targeted for cleanup. The "potentially liable parties"
(PLPs) included the operator (BDI), the industrial companies that deposited their
waste (IWAG) and the cities of Pasco and Kennewick in addition to Franklin
County. (IWAG is an acronym for the industrial companies, who have formed a
loose partnership to represent their collective interests and. liability in this matter.)
D) The cities of Pasco and Kennewick, in addition to Franklin County, entered into a
settlement agreement with IWAG and BDI in March 2001, whereby the two cities
and the county were released from liability for cleanup with the commitment of
Pasco to establish and monitor an "Institutional Controls District." The District
encompasses the area of East Pasco (see map) under which the ground water plume
has been documented to be contaminated (within the District no wells may be
established for drinking water purposes).
E) The PLPs (excepting the cities and Franklin County) have financed the operation of
a cleanup program since 2000, under the oversight of the state Department of
Ecology. The cleanup plan called for an assessment of progress and evaluation of
effectiveness after seven years. That time is approaching and the state Department
of Ecology will be going through such an evaluation sometime this year.
V. DISCUSSION:
A) To bring Council "up to speed," representatives of the IWAG and DOE will provide
a presentation to the City Council.
3(a)
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AGENDA REPORT NO. 15
FOR: City Council Date: 2/5/07
TO: Gary Crutchfi y Manager Workshop: 2/12/07
Richard J. Sm h, rector P Regular: 2/20/07
Community a d Economic Devpment
FROM: David I. McDonald, City Planner'—
SUBJECT: Public Participation Plan (CPA06-002)
I. REFERENCE(S):
A. Draft Public Participation Plan
B. Memo to Planning Commission Dated 1/18/07
C. Planning Commission Minutes Dated 12/21/06 & 1/ 18/07
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
2/12/07 Discussion
2/20/07 MOTION: I move to approve the Public Participation Plan to be
utilized in the 2007 Comprehensive Plan update.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
A. By law Pasco is required to review and update the City's Comprehensive"
Plan by December of this year. Since the adoption of the original Pasco
GMA plan in 1995, the State Planning Laws have been amended a number
of times. The law now requires the City to establish and "broadly
disseminate" a public participation plan or program. The required public
participation plan must identify procedures and schedules for the
Comprehensive Plan update process.
B. The Planning Commission held a workshop in December of 2006
followed by a public hearing in January to develop a public participation
meeting the requirements of the law. The attached Public Participation Plan
addresses the mandate for explaining the public process that will be used
by the City in updating the Comprehensive Plan. The Plan also explains
the scope of review involved in the update, provides a work schedule, and
explains where public hearings and meetings will be held. The plan also
explains how residents can become involved and finally it provides contact
information for those seeking information.
C. Involving the public in the planning process is not something new for
the City. The proposed Public Participation Plan essentially reduces to
writing what the City of Pasco should and typically has done in the past to
involve residents in land use planning process.
V. DISCUSSION-
3(b)
PUBLIC PARTICIPATION PLAN
City of Pasco
COMPREHENSIVE PLAN UPDATE
2007
TABLE OF CONTENTS
1. INTRODUCTION
1.10 What is the Comprehensive Plan
1.20 What are Development Regulations
2. SCOPE OF REVIEW
3. WORK PROGRAM FOR THE 2007 COMPREHENSIVE PLAN
UPDATE
4. UPDATE SCHEDULE
5. PUBLIC PARTICPATION
6. HOW CAN CITIZENS GET INVOLED
6.1 City Council meetings
6.2 Planning Commission meetings
6.3 Public Meetings
6.4 Public Hearings
7. WRITTEN COMMENTS
8. NOTIFICATION & DISSEMINATION OF INFORMATION
9. WHO CAN I CONTACT FOR MORE INFORMATION
DRAFT PUBLIC PARTICIPATION PLAN
City of Pasco
2007 Comprehensive Plan
1. INTRODUCTION
In 2007 Pasco will update its Comprehensive Plan and Development
Regulations to ensure consistency with the State Growth Management
Act (RCW 36.70A). Periodic review and update of the City's
Comprehensive Plan and Development Regulations -is necessary to reflect
current law, local needs, new data, correct errors, and or clarify intent.
The update is required by RCW 36.70A.130 (4), and must be completed by
December 1, 2007. Subsequent updates are to occur every seven years
thereafter.
This document provides the procedural framework for involving residents
within the Pasco Urban Growth Boundary in efforts to update the
Comprehensive Plan and Development Regulations as mandated by the
State Growth Management Act (GMA) in RCW 36.70A.130 (4).
1.10 What is the Comprehensive Plan?
Pasco's Comprehensive Plan is an expression of community goals
and desires formalized in a document adopted by the City Council.
The Comprehensive Plan contains various goals and policy along
with supporting information necessary to guide decision making
related to the general health, welfare, safety and quality of life of
current and future Pasco residents. The fundamental purpose of
the Plan is to manage urban growth and land use within the Urban
Growth Boundary.
1.20 What are development regulations?
Development Regulations include zoning and subdivision
regulations, master shorelines regulations, critical lands regulations
and any other set of regulations designed to protect the general
health, safety and welfare of -the community while regulating land
use. Development regulations are used to implement the goals
and policies of the Comprehensive Plan.
2. SCOPE OF REVIEW
The following Elements of the Comprehensive Plan and Development
Regulations will be reviewed under the 2007 Comprehensive Plan Review
1
and Update:
1 . General and Administrative Goals
2. Land Use Element
3. Housing Element
4. Capital Facilities Element and Program
5. Utilities & Community Facilities Element
6. Transportation Element and Program
6. Critical Areas Protection Regulations
7. Other development regulations such as zoning and subdivision
regulations.
3. WORK PROGRAM FOR THE 2007 COMPREHENSIVE PLAN UPDATE
The Comprehensive Plan Compliance Review and Update Program will
result in:
• An update of the Comprehensive Plan for consistency with the
GMA; and,
• Revised development regulations as needed for compliance with
GMA and to improve their consistency with the Plan.
4. UPDATE SCHEDULE
The Compliance Review Update schedule will consist of phases generally
following the outline below:
PHASE Date
Completed
I. Review GMA Regulations Comprehensive Plan and Feb-March
Development Regulations to identify inconsistencies 2007
ll. Review background and supporting information contained March-April
in the Comprehensive Plan 2007
III. Review goals and policies of the various Plan Elements. April-May
2007
IV. Draft any needed changes to the Plan Elements May-June
2007
V. Draft any needed changes to the Development Regulations May-Sept
2007
V. Review Land Use Map May-June
2007
VI. Planning Commission Workshops & Public Hearings July-Sept
2007
2
V. Final legislative action: City Council Ordinance adopting Oct-Nov
updates and revisions as needed 2007
5. PUBLIC PARTICIPATION
RCW 36.70A.130 (2) (a) requires local governments to establish a public
participation program for the review and update of comprehensive plans
and development regulations. In establishing a public participation
program the City of Pasco must ensure the following:
1 ) That notice of the update process is broadly and effectively
disseminated (RCW 36.70A.035).
2) That the notice identifies the procedures and schedules by which
updates will be considered.
3) That the program provides for early and continuous public
participation (RCW 36.70A.140).
The goal of this public participation plan is to provide the public with
timely information, and opportunities to review and comment on
proposed updates and revisions to the plan and regulations before they
are made.
6. HOW CAN CITIZENS GET INVOLVED?
Opportunities for public involvement will be provided throughout the 2007
Comprehensive Plan and Development Regulation update process.
Residents are encouraged to actively participate in the project by
attending public meetings, workshops, and hearings of the Planning
Commission and City Council, visiting the City's website
(www.ci.pasco.wa.us), or by contacting planning staff.
The City will use a variety of methods to inform the public about public
meetings, availability of planning documents and reports, and important
milestones related to the Update process including, but not limited to the
following:
6.1 City Council Meetings:
The Pasco City Council meets in regular session on the first and third
Mondays of each month. Council workshops are held on the second
and fourth Mondays. All meetings are held at 7:00 pm in the City
Council Chambers at 525 North Third Ave. in Pasco
3
6.2 Planning Commission Meetings:
The Planning Commission is the responsible citizen board that advises
the City Council on comprehensive plan and land use issues.
Accordingly, -the Planning Commission will be the primary source of
public involvement in guiding the 2007 Review and Update Program.
The Planning Commission meets -the third Thursday of every month at
7:00 pm in the City Council Chambers at 525 North Third Ave. in
Pasco.
6.3 Public Meetings:
In addition to the City Council and Planning Commission's meetings
and hearings, the Planning Staff will conduct public meetings around
the community to receive public comment on Comprehensive Plan
issues. These public meetings will tentatively be scheduled for the
following locations:
• Ruth Livingston Elementary School (Rd 84)
• McGee Elementary School (Horizon Dr)
• City Hall (525 N 3rd Ave.)
• Virgie Robinson Elementary School (E Lewis St.)
6.4 Public Hearings:
All public hearings scheduled before the Planning Commission and
City Council will be held in the City Council Chambers following
public notification. All such meetings will be broadcast live on Public
Access channel 12, through Charter Cable. Public notice of all
hearings will be published under "legals" in the Tri-city Herald. The
notice shall give the date, time, location and purpose of the hearing
6.5 Additional Public Involvement Methods:
In addition to the procedures described above, the City of Pasco
may utilize one or more of the following to increase public
involvement in the update process:
• Additional meetings: The City may elect to hold additional
meetings as needed to provide information and or to receive
4
comments from the public.
Information Bulletins: The city may prepare short
informational bulletins (fact sheets) to disseminate information
to the public.
Access to Planning Staff: City staff will be available to
provide information and answer questions throughout the
update process. Planning staff can be reach at the city hall.
Contact information is provided under item 9 below.
7. WRITTEN COMMENTS
Written comments are welcome throughout the update process. Written
comments may be submitted by mail, fax or email to: Pasco Planning
Department, P.O. Box 293, Pasco, WA 99301 , Fax: (509) 545-3499, Email:
mcdonaldd @ci.pasco.wa.us
8. NOTIFICATION AND DISSEMINATION OF INFORMATION
Proper notification of all meetings and hearings will be published in the Tri-
City Herald legal section. Additionally news releases announcing public
meeting and hearing times, dates and locations will be provided to the
local media including, but not limited to: Tri-City Herald, local television
and radio stations, and those who request to be notified. Meeting
agendas will be available on -the City's Web Page at www.ci.pasco.wa.us
9. WHO CAN I CONTACT FOR MORE INFORMATION?
For more information, please contact the Pasco Planning Office:
Dave McDonald, City Planner mcdonaldd(c)-ci.Pasco.wa.us
Jeff Adams, Associate Planner adams'0_ci.Pasco.wa.us
Deb Barnes, Planner I barnesD(a�ci.pasco.wa.us
509-545-3441
252 N. 3rd Ave. Pasco WA, 99301
5
Memo
To: Planning Commission
From: Dave McDonald
Subject: Citizen Participation Plan
Date: January 18, 2007
Per RCW 36.70A.130(4)(d) Pasco is required to review and update the
Comprehensive Plan by December 1, 2007. The law (RCW 36.70A.130
(2)(a)) also requires the City to establish and "broadly disseminate to the
public" a public participation plan or program that identifies procedures
and schedules for the Comprehensive Plan update process. The public
participation plan is to allow for early and continuous public
participation in the process in the planning process.
The attached Public Participation Plan addresses the mandate for
explaining the public process to be used by the City in updating the
Comprehensive Plan. The Plan explains the scope of review, provides a
work schedule, it explains where public hearings and meetings will be
held, it explains how residents can become involved and finally it
provides contact information for those seeking information.
The proposed Public Participation Plan reduces to writing what the City
of Pasco should and typically has done in the past to involve residents in
land use planning for the whole community.
The proposed plan has been scheduled to be reviewed through a public
hearing on January 18th.
RECOMMENDATION
Motion: I move that the Planning Commission recommend the City
Council adopt the proposed "Public Participation Plan" to be used as a
guide for involving the community during the Comprehensive Plan
update.
PLANNING COMMISSION MINUTES
12/21/06
WORKSHOP:
A. Comp. Plan Update Public Participation Plan (City of Pasco)
(MF# CPA06-002)
Staff addressed the Commission and explained that due to changes in
State Law specific to the Growth Management Act, the City is required to
update the Comprehensive Plan by the end of the year. The City is also
required to have a Public Participation Plan to guide the update process.
Staff reviewed the details of the draft plan for the benefit of the Planning
Commission including information on neighborhood meetings,
dissemination of information, and etc.
Commissioner Hay asked who would be receiving the input of the public
at these meetings at the schools.
Staff responded that City staff would attend the neighborhood meetings
and provide information and receive comments. A Citizen Committee
would eventually be developed (which would include one or two Planning
Commission members) to assist with the process.
Commissioner Samuel asked where notices of the meetings are typically
published in the newspaper.
Staff responded that notices are published in the legal section of the
Sunday paper.
Commissioner Little asked what the current mechanism is for
establishing Growth Management Boundaries.
Staff responded that it was a two step process. The Planning
Commission first reviews the boundary as proposed by Staff; a
recommendation would be sent to City Council. City Council then
passes a resolution which would be forwarded to the County
Commissioners. By law the County is the only entity that can establish
the boundary.
PLANNING COMMISSION MINUTES
1/18/0?
B. Comp. Plan Update Public Participation Plan (City of Pasco)
(MF# CPA06-002)
Chairman McCollum read the master file number and asked if there was
any additional information from Staff.
Staff explained the Commission held a workshop last month to review a
proposed Public Participation Plan designed to involve the public in the
Comprehensive Plan update process. Staff reviewed the various sections
of the plan including the information section explaining what the
Comprehensive Plan and Development Regulations are, the Scope of
Review identifying the elements of the Comprehensive Plan, and a
schedule for updating the plan.
Chairman McCollum opened the Public Hearing.
There being no one present wishing to speak on this matter, the
Chairperson closed the Public Hearing.
Commissioner Anderson moved to recommend the City Council adopt the
proposed Public Participation Plan. Commissioner Hay seconded. Motion
carried unanimously.
AGENDA REPORT NO. 18
FOR: City Council DATE: February 7, 2007
TO: Gary Crutchfie y anager WORKSHOP: 2/12/07
Richard J. Smi it ctor REGULAR:
Community an Economic Development
FROM: David I. McDonald, City Planner'
SUBJECT: Proposed Code Amendment (Concurrency) PMC- Title 12 (MF #
CA06-002)
I. REFERENCE(S):
A. Proposed Ordinance
B. Memo to the Planning Commission
C. Planning Commission Minutes: Dated 7/20/06 8s 11/ 16/06
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
2/ 12/07 Review and Discussion
III. FISCAL IMPACT: NONE
IV. HISTORY AND FACTS BRIEF:
A. Following a public workshop session in mid-2006 the Planning
Commission held a Public Hearing on November 16th to consider a
proposed code amendment dealing primarily with transportation
concurrency. As a result of the public hearing the Planning
Commission recommended Title 12 dealing with streets and
sidewalks be amended to include a chapter on transportation
concurrency.
III. DISCUSSION:
A. Concurrency refers to the timely provision of transportation
facilities in relationship to demand. The Growth Management Act
(GMA) requires the City to consider the impacts of development on
the level of service capacities of the nearby street system in
conjunction with development. Concurrency is defined by the
GMA to mean that any needed street improvements or strategies
are in place at the time of development or that a financial
commitment exists to complete needed improvements or strategies
within six years.
B. Through current development regulations the City has been
ensuring local and arterial streets and utilities are built in
conjunction with development. The implementation of traffic
impact fees is the strategy used to ensure that new developments
are participating in the cost of traffic signals and improvements at
key intersections. While the City has been complying with the
concurrency requirements for many years the City does not have
an ordinance specifically related to concurrency as required by the
GMA. The proposed ordinance will address that requirement.
C. The proposed ordinance creates a new chapter within Title 12
providing concurrency standards and a concurrency review
process all for the purpose of meeting the "Level of Service"
standards as established in the Comprehensive Plan.
3(c)
DRAFT ORDINANCE CITY OF PASCO
ORDINANCE NO.
AN ORDINANCE relating to traffic impacts on City streets and the need
for utilities and amending Title 12 of the Pasco
Municipal Code to include provisions for concurrency.
WHEREAS, RCW 36.70A.070, requires the City to "adopt and
enforce ordinances which prohibit development approval if the
development causes the level of service on a transportation facility to
decline below the standard adopted in the Transportation Element of the
Comprehensive Plan, unless transportation improvements or strategies
to accommodate the impacts of development are made concurrent with
the development;" and,
WHEREAS, RCW 36.70A.070, also specifies that "concurrent with
the development" means that improvements or strategies are in place at
the time of development, or that financial commitment is in place to
complete the improvements or strategies within six years; and,
WHEREAS, the Transportation Element of the Comprehensive Plan
has established a level of service "D" for the arterial street system within
the City; and,
WHEREAS, the Planning Commission conducted a public hearing
to address concurrency issues and to develop ordinance
recommendations for City Council consideration; and,
WHEREAS, the City Council seeks to ensure that the requirements
of the State Growth Management Act are met; and,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
PASCO WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. That Title 12 of the Pasco Municipal Code be
and the same is hereby amended to include a new Chapter 12. 36 to
read as follows:
1
DRAFT ORDINANCE CITY OF PASCO
CHAPTER 12.36
Concurrency
Sections:
12.36.010 Purpose
12.36.020 Definitions
12.36.030 Applicability
12.36.040 Exemptions
12.36.050 Concurrency Development Standards
12.36.060 Level of Service Established
12.36.070 Concurrency Review Process
12.36.080 Minimum requirements for concurrency
12.36.090 Determination of concurrency
12.36.100 Monitoring Concurrency
12.36.110 Severability
Section 12.36.010 Purpose. The purpose of this chapter is to implement
the concurrency provisions of the State Growth Management Act as
required by RCW 36.70A. 070. The intent of this Chapter is to ensure
that the City's transportation and utility systems will be adequate to
serve current and future development, without causing the level of
service to decline below the standards established in the Comprehensive
Plan.
Section 12.36.020 Definitions. Except as specifically defined in this
Chapter or elsewhere in the Pasco Municipal Code, all words shall carry
their customary meaning.
(1) Adequate - means transportation or utility facilities meet or
exceed the city's level of service as established in the
Comprehensive Plan and or the Comprehensive Water and
Sewer Plan.
(2) Capacity for Transportation - means the maximum number
of vehicles that can be accommodated during a specific
travel period at a specific level of service.
(3) Capacity for Utilities - means the number of equivalent
residential units that can be accommodated by the water
and sewer system.
(4) Completion of Development - means that a certificate of
occupancy, or other formal approval has been issued by the
city authorizing occupancy and/or the use of a development.
2
DRAFT ORDINANCE CITY OF PASCO
(5) Concurrent - means physical improvements or
transportation and utility strategies are in place at the
completion of development, or the financial commitment is in
place to complete the needed improvements or strategies
within six years.
(6) Development Activities - means any construction or
reconstruction that expands a building, platting or any use
of real property which requires review, approval and/or
permitting by the city.
(7) Financial Commitment - means revenue designated in the
most currently adopted Transportation Improvement Plan for
transportation facilities or the most current adopted Capital
Improvement Plan for utility facilities through a six year
period or revenue that is assured by an applicant in a form
approved by the city.
(8) Incidental Residential Permit - means a permit for any
activity other than the initial permit for the construction of a
single family dwelling on a lot.
(9) Transportation Facility - means arterial, collector and local
streets maintained by the city and transit routes operated by
the Ben Franklin Transit Authority.
(a) Existing transportation facilities - are those
facilities in place at the time a concurrency
test is applied.
(b) Planned transportation facilities - are those
facilities identified in the Comprehensive Plan
and/or scheduled to be constructed as shown
in the Six-year Street Improvement Program.
(9) Utility Facility - means the water and sewer system
maintained by the city.
(a) Existing utility facilities - are those facilities in
place at the time a concurrency test is applied.
(c) Planned utility facilities - are those facilities
identified in the Comprehensive Water and
Sewer Plan and/or scheduled to be
constructed as shown in the Six-year Capital
Improvement Program.
3
DRAFT ORDINANCE CITY OF PASCO
Section 12.36.030 Applicability. This chapter shall be applicable to all
development activities except those listed under exemptions in Section
12.36.040.
Section 12.36.040 Exemptions. Unless otherwise provided, the following
development activities shall not require a concurrency evaluation or the
payment of a traffic impact fee:
Neighborhood parks, boundary line adjustments, tax parcel segregations,
final plats, incidental residential permits, sign permits, tenant
improvements and remodels that do not result in the expansion of
existing buildings. Small developments with 6 lots or less located east of
20th Avenue will be exempt from transportation concurrency (street and
sidewalk improvements) provided such development has been granted a
wavier approved by the Public Works Director. Said waiver shall be
subject to the property owner recording an agreement approved by the
Public Works Director specifying a time frame for completion of street
and sidewalk improvements and or the agreement to participate in a
future local improvement district for the completion of the necessary
improvements.
Section 12.36.050 Concurrence Development Standards.
All development activities, exempt or non-exempt, are subject to the
following Development Standards:
A. STREET IMPROVEMENTS. (1) Right-of-way improvements
shall be required at the time adjoining property is developed and shall be
required on all property. As a minimum, a three-quarter (3/4) street
standard will be required if the property being developed only fronts on
one side of the street.
(2) Adequate and proper right-of-way improvements shall
include curb, gutter, sidewalk, illumination, traffic control devices,
drainage control, engineered road bases, asphalt driving and parking
lanes, and monumentation. All such improvements shall be approved by
the City prior to construction and acceptance. The three-quarter (3/4)
street standard shall include curb, gutter, and sidewalk on the developed
side and a minimum of two complete traffic lanes.
(3) The developer of real property shall be responsible for
installing the required improvements within the respective half of right-
4
DRAFT ORDINANCE CITY OF PASCO
of-way width abutting the real property being developed, provided such
improvements consist of at least two (2) traffic lanes.
(4) Minimum sidewalk widths, not including the six-inch curb,
shall not be less than the following:
(1) Residential Zones - four and a half (4.5) feet;
(2) Commercial Zones - six and a half (6.5) feet.
(5) Curbs, gutters, sidewalks and street lights are not required
in RS-12 or RS-20 residential zones, but may be installed at the option of
the developer.
B. UTILITY IMPROVEMENTS. Water and sewer improvements
shall be required at the time adjoining property is developed and shall be
required on all property. Water and sewer utilities shall be extended the
through the length of the property being developed. The design and
construction of water and sewer utilities shall conform to the
construction standards as prepared by the City Engineer.
Section 12.36.060 Level of Service Established.
The Level of Service for Transportation and Utility Facilities adopted in
the Comprehensive Plan is hereby established as a guide for concurrency
reviews.
Section 12.36.070 Concurrence Review Process.
A concurrency review shall be required for all development activity as
noted in Section 12.36.030 and for all subdivision proposals. No separate
application shall be required. The concurrency review shall be included
as a part of the City's standard Development Review Process or
preliminary plat review process. In order for a development proposal to
be considered for concurrency review, applications for building permits
must contain all site plans, civil plans and permit data required under
the building permit application process. All applications for subdivision,
including short plats and binding site plans, approval must contain the
required information in Title 26. The City may require the additional
submittal of a traffic analysis or traffic impact study for both building
permit and subdivision review to assist with a concurrency review.
Section 12.36.080 Minimum Requirements for Concurrence.
To obtain a concurrency approval based on meeting minimum required
levels of service for transportation facilities, item "A" through "C" must be
satisfied along with one item from "D" through "F":
5
DRAFT ORDINANCE CITY OF PASCO
A. Adequate adjoining street improvements exist or will be available at
the completion of development meeting the standards of Section
12.36.050; and,
B. Adequate adjoining water and sewer improvements exist or will be
available at the completion of development meeting the standards of
Section 12.36.050; and,
C. The development activities to be permitted will contribute a pro
rata share of the cost of traffic impact through payment of traffic impact
fees authorized in Chapter 3.132 and identified in Section 3.07.220 prior
to the issuance of a permit.
D. That necessary transportation facilities are included in the City's
six-year street plan current at the time development activities are
permitted; or,
E. Provisions for transportation facilities are guaranteed in a
development agreement entered into by the developer and the City. The
agreement must guarantee that the necessary transportation facilities
will be in place within six years of the time that the first development
activities are permitted; or,
F. The necessary transportation facilities (arterial, collector streets,
street signals) are or will be in place at the completion of development.
Section 12.36.090 Determination of Concurrencv
A. Generally. Prior to issuance of a development permit the City shall
place a written determination of concurrency in the review file of
each non-exempt development activity. A determination of
concurrency can not be transferred to another development
activity.
B. Short Plats and Binding Site Plans. The issuance of a written
determination of concurrency for short plats and binding site plans
will require short plats and binding site plans to contain a note
stating that at the time lots are developed all abutting streets and
utilities shall be improved to City standards as directed by the City
Engineer.
Section 12.36.100 Monitoring Concurrencv.
The City shall monitor the cumulative impacts of new development by
taking periodic traffic counts on selected streets. The City may also
undertake periodic studies to assess the overall circulation system and
6
DRAFT ORDINANCE CITY OF PASCO
or utility system within the City for compliance with the adopted level of
service standard.
Section 12.36.100 Severability.
Should any section, subsection, paragraph, sentence, clause or phrase of
this chapter be declared to be unconstitutional or invalid for any reason,
such decision shall not affect the validity of the remaining portions of
this chapter.
Section 2. This ordinance shall become effective 5 days after
publication as required by law.
PASSED by the City Council of the City of Pasco, at its regular
meeting, this day of , 2007.
Joyce Olson
Mayor
ATTEST: APPROVED AS TO
FORM:
Sandy Kenworthy Leland B. Kerr
Deputy City Clerk City Attorney
7
Memo
To: Planning Commission
From: Dave McDonald
Subject: Transportation Concurrence Ordinance (Public Hearing)
Date: November 16, 2006
In July of this year the planning commission reviewed a report prepared
by staff dealing with transportation concurrency. The Transportation
Concurrency Ordinance is mandated by the State of Washington as a
part of the Growth Management Act (GMA). The proposed ordinance
provides the required regulatory framework that is needed for a
concurrency management system in Pasco.
Concurrency refers to the timely provision of transportation facilities
relative to the demand for them. Concurrency is defined by the Growth
Management Act to mean that any needed improvements or strategies
are in place at the time of development or that a financial commitment
exists to complete the improvements or strategies within six years. In
short, the streets that serve a subdivision have to be in place at the time
houses are permitted for construction.
Another component of concurrency under the provisions of the Growth
Management Act is the requirement for local communities to establish
levels of service (LOS) for their street and transportation system. LOS is
determined by the time delay at major intersections within the City and
or the loading capacity of the streets. An LOS classification of "A"
indicates a given street is operating at an optimal Level of Service with
little or no delays. Conversely, an LOS of "F" indicates that there are
significant time delays on a given street. Pasco, like other Cities in the
Tri-Cities has adopted an LOS of"D".
With an adopted LOS of "D", concurrency for Pasco means that all new
development must include provisions for streets such that the
transportation system does not drop below an LOS of"D".
RECOMMENDATION
Motion A: I move that the Planning Commission recommend the City
Council amend Title 12 of the Municipal Code to include a chapter for
Transportation Concurrency.
REGULAR MEETING July 20, 2006
PLANNING COMMISSION MINUTES JULY 20, 2006
B. Code Amendment Transportation Concurrency Code PMC 12.36
(CA06-002)
Staff addressed the Commission and advised that the Growth Management Act
requires Communities to adopt a Transportation Concurrency Ordinance.
Concurrency was described to mean that as development occurs transportation
improvements must occur concurrent with the development, or the City has to
developed a strategy that would cause the needed transportation improvements to be
in place within a six-year period.
Staff explained the City has been operating in compliance with the concurrency
requirements by requiring developers to provide necessary transportation
improvements concurrent with their construction activities. The City also requires a
Transportation Impact Fee to be paid by developers to cover the costs of certain
transportation improvements
Staff explained the City is required to have an Ordinance in place regarding the
concurrency issue. Staff reviewed the proposed ordinance which contained
definitions, standards and a process for reviewing concurrency.
Commissioner Anderson asked if the proposed ordinance would impact how on-going
developments would be allowed to proceed.
Staff stated existing developments are already proceeding in a manner that is in
compliance with the concurrency requirements.
Commissioner Anderson asked if this ordinance would impact the timing with which
improvements required of existing development would be implemented.
Staff responded that it would not impact the timing of improvements required of
developments that are currently under construction.
Commissioner Anderson asked about the exemption for the City, County and Port
facilities from currency requirements.
Staff responded that City, County and Port facilities have met the same requirements
of concurrency as are required of other developers with regard to street improvements.
The exemption would allow the City, County and Port to be exempt from paying
transportation impact fees.
Commissioner Anderson asked if the ordinance could be worded to state that the City,
County and Port are required to meet all concurrency requirements, with the exception
of payment of impact fees.
Staff responded that the City, County and Port will continue to be required to install
all required improvements adjacent to and concurrent with their proposed
development; they will however be exempt from payment of impact fees.
REGULAR MEETING November 16, 2006
PLANNING COMMISSION MINUTES NOVEMBER 16, 2006
G. Code Amendment Transportation Concurrency Code PMC 12.36
(MF # CA06-002)
Chairman McCollum read the master file number and asked for the Staff
report.
Staff reported to the Commission that the proposal would amend the City Code
to address the issue of concurrency - the timely provision of transportation
facilities relative to demand. Staff explained concurrency was mandated by the
Growth Management Act. The proposal before the Commission contained
eleven sections which were highlighted by Staff. Staff also explained the Level
of Service requirements of the Comprehensive Plan and how that related to the
proposed concurrency code.
Commissioner Samuel asked for clarification regarding Section 12.36.080.
Staff advised that in order to meet concurrency requirements, the development
must meet Item A, Item E, and one of either: Items B, C or D. (Item E is
required in addition to Item A due to the Traffic Impact Fee stipulated by
Municipal Code.)
After three calls for public comment the Chairman closed the Public Hearing.
Commissioner Samuel moved to close the hearing on the proposed Code
Amendment, and that the Planning Commission recommend that City Council
amend Title 12 of the Municipal Code to include the proposed Chapter for
Transportation Concurrency.
Commissioner Anderson seconded the motion; motion carried.
- 14 -
AGENDA REPORT NO. 17
FOR: City Council DATE: 2/7/007
TO: Gary Crutchfi it Manager i WORKSHOP: 2/12/07
Richard J. S h, Director REGULAR: 2/20/07
Community a d Economic Development
FROM: David I. McDonald, City Planner
SUBJECT: Annexation: City/County Boundary Adjustments (MF #
ANX07-001)
I. REFERENCES):
A. Interlocal Cooperation Agreement
B. Proposed Ordinance adjusting the City Limits
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
2/12/07 Discussion:
2/20/07 Motion: I move to approve the Interlocal Cooperation
Agreement for Revision of the Corporate Boundaries of the City
and authorize the Mayor to sign said agreement.
III. FISCAL IMPACT: NONE
IV. HISTORY AND FACTS BRIEF:
A. Over the past decade approximately 2,200 acres of land on the
western edges of the City have been annexed to the City.
Additionally in the early 1980's the City annexed approximately 8
square miles (348,480 acres) of land which is now often referred to
as the I-182 Corridor.
B. Legal descriptions for annexations often included section lines
for the formation of annexation boundaries. As the City has
developed section lines tend to be used for centerlines of streets.
When a section line is used for an annexation boundary line and
the centerline of a subsequent street, the street is inadvertently
split between the City and County. Dividing a street down the
centerline creates a number of inefficiencies for both the City and
County related to maintenance and law enforcement.
C. There are currently four segments of street right-of-way
between the City and County that are currently divided by, or
shortly will be divided by the City County boundary line (see maps
with attached Ordinance).
D. State law does not permit annexations using the centerlines of
streets but does recognize the fact streets may become split by
municipal boundaries after annexation. As a result the law
provides a process that permits the adjustment of City boundaries
through interlocal agreement.
V. DISCUSSION:
A. Portions of Road 60, Road 52 (Lentz Rd) and Road 96 will
divided down the center line when the adjoining subdivisions are
3(d)
completed. A portion of Harris Road is currently divided by the
City Limits. The north half of Harris Road just east of the Central
Pre-Mix office is in the City and the south half of the road is in the
County. Likewise a portion of Sandifur Parkway (East of Rd 60) is
located partially in the City and County.
B. The process for correcting the split jurisdictional problems
with the referenced right-of-way involves the approval of an
interlocal agreement between the City and County. The interlocal
agreement is then followed by the adoption of an ordinance by the
City and an ordinance or resolution by the County.
C. Staff has prepared the necessary agreement to begin correcting
the City boundary lines and is recommending the Council
authorize the Mayor to sign the agreement.
D. After the City interlocal agreement is accepted by both the City
and County Staff will prepare the necessary ordinance for Council
action. A proposed ordinance is attached to this report.
WHEN RECORDED RETURN TO:
City Clerk
City of Pasco,Washington
525 North 3rd
Pasco WA 99301
INTERLOCAL COOPERATION AGREEMENT
DESIGNATION OF CERTAIN STREETS AND
REVISION TO CITY OF PASCO CORPORATE BOUNDARIES
THIS INTERLOCAL COOPERATION AGREEMENT is entered into this
day of , 2007, between the City of Pasco, Washington, a Municipal
Corporation, hereinafter referred to as "City" and Franklin County, Washington, a
Municipal Corporation, hereinafter referred to as "County", pursuant to RCW
35A.21.210 (revision of corporate boundary) and Chapter 39.34 of the Revised Code of
Washington(Interlocal Cooperation Agreement Act).
WHEREAS, there has been significant growth in the City resulting in
annexation of additional territory within City's defined urban growth boundaries; and
WHEREAS, in several cases, the boundaries of such annexations have been a
section line which has ultimately resulted in being either the centerline, or the edge of a
public street, road or highway right-of-way which in some circumstances has resulted in
an inconsistent ownership or jurisdiction over all or a portion of the roadway; and
WHEREAS, the legislature has found that the use of centerlines of public
streets, roads and highways as boundaries has resulted in divided jurisdictions over such
public ways causing inefficiencies and wastes on their construction, improvement and
maintenance and impairing effective law enforcement and has encouraged cities and
counties, by agreement, to revise their existing centerline boundaries to coincide with
right-of-way lines; and
WHEREAS, it has been determined by the City Council of the City of Pasco,
and the Board of County Commissioners of Franklin County, that a revision of the
corporate boundaries of the City of Pasco to comply with the requirements of RCW
35.02.170, and to provide for the orderly operation and maintenance of those affected
streets, roads and highways,NOW, THEREFORE,
Interlocal Agreement
City/County- 1
In consideration of the mutual covenants contained herein, the Parties agree as
follows:
SECTION I
PURPOSE
The purpose of this Agreement is to revise any part of the corporate boundaries
of the City of Pasco, Washington, which coincide with the centerline, edge, or any
portion of a public street, road or highway right-of-way by substituting therefore a right-
of-way line for the same public street, road, or highway so as to fully include or fully
exclude that segment of the public street, road or highway into or from the corporate
limits of the City of Pasco, Washington.
SECTION II
REVISION OF CORPORATE BOUNDARIES
A) As authorized by RCW 35A.21.210, the corporate boundaries for the
City of Pasco, Washington, shall be revised by Ordinance passed by the City Council of
the City of Pasco, Washington, and the Board of County Commissioners of Franklin
County, Washington, to include within the corporate limits of the City of Pasco,
Washington, the following segments of right-of-way, which segments are more
particularly described on Exhibit A attached hereto and incorporated hereinby this
reference.
B) Those segments of public street, road or highway right-of-way to be
excluded in the corporate limits of the City of Pasco, Washington, are designated as
follows and more particularly described in Exhibit B attached hereto and incorporated
hereinby this reference.
SECTION III
JURISDICTION AND AUTHORITY
Upon the effective date of this Agreement as provided below, the City of Pasco,
Washington, has full jurisdiction and authority concerning the construction,
improvement, maintenance and the enforcement of traffic laws and regulations upon
those public streets, roads and highways included within the City's corporate boundaries
provided above.
Upon the effective date of this Agreement as provided below, Franklin County
shall have full jurisdiction and authority concerning the construction, improvement,
maintenance and the enforcement of traffic laws and regulations upon those public
streets, roads and highways excluded within the corporate boundaries provided above.
Interlocal Agreement
City/County-2
SECTION IV
EFFECTIVE DATE
This Agreement shall become effective and the revisions of the corporate
boundaries as provided above, shall become effective on the approval by Ordinance of
the City Council of the City of Pasco, Washington, and by Ordinance or Resolution of
the Board of Franklin County Commissioners.
SECTION V
INTERLOCAL COOPERATION ACT PROVISIONS
No special budget or funds are anticipated nor shall be created. It is not
intended that a separate legal entity be established to conduct this cooperative
undertaking, nor is the acquiring, holding, or disposing of real or personal property
anticipated. The City Manager of the City of Pasco, Washington, and the County
Administrator of Franklin County, Washington, shall be designated as the Co-
Administrator of this Interlocal Cooperation Agreement.
A copy of this Agreement shall be filed with the Franklin County Auditor, as
required by RCW 39.34.040, and with the City Clerk of the City of Pasco.
SECTION VI
ENTIRE AGREEMENT
This Agreement contains all the terms and conditions agreed upon by the
Parties. No other understanding, verbal or otherwise, in regard to the subject matter of
this Agreement, shall be deemed to exist. Any modifications to this Agreement shall be
in writing and signed by both Parties to be effective.
SECTION VII
APPLICABLE LAW
This Agreement is governed, construed and enforced in accordance with the
laws of the State of Washington. Should any dispute arise concerning the enforcement,
breach, or interpretation of this Agreement, the Parties shall first, prior to initiation of
any action, meet in a good faith attempt to resolve this dispute. In the event arbitration
or litigation is commenced, venue shall be placed in Franklin County, Washington. The
prevailing party shall be entitled to recover reasonable attorney fees in such proceeding,
or any appeal thereof, to be set by the Court, in addition to costs and disbursements as
allowed by law.
Interlocal Agreement
City/County-3
SECTION VIII
AUTHORITY
The City and County warrants and represents that its representatives, whose
signatures are below, possess all required authority to sign this Agreement and such
powers have not, as of the date of this Agreement, been revoked or revised.
IN WITNESS WHEREOF, the parties have executed this Agreement by duly
authorized officers on the day and year first written above.
CITY OF PASCO, WASHINGTON
Joyce Olson, Mayor
Attest: Approved as to Form:
Debbie Clark, City Clerk Leland B. Kerr, City Attorney
BOARD OF COUNTY COMMISSIONERS
FRANKLIN COUNTY, WASHINGTON
Robert E. Koch, Chair
Neva J. Corkrum, Chair Pro-tem
Rick Miller, Member
Attest: Approved as to Form:
Clerk of the Board Ryan E. Verhulp
for Franklin County Chief Civil Deputy Prosecutor
Interlocal Agreement
City/County-4
STATE OF WASHINGTON )
SS.
County of Franklin }
On this day personally appeared before me JOYCE OLSON, Mayor of the City of
Pasco, Washington, to be known to be the individual described in and who executed the within
and foregoing instrument, and acknowledged that she signed the same as her free and voluntary
act and deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this day of ,2006.
NOTARY PUBLIC in and for the State of Washington
Residing at:
My Commission Expires:
STATE OF WASHINGTON }
: ss.
County of Franklin }
On this day personally appeared before me FRANK H. BROCK, Chair of the Franklin
County Board of County Commissioners,to be known to be the individual described in and who
executed the within and foregoing instrument, and acknowledged that he signed the same as his
free and voluntary act and deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this day of 12006.
NOTARY PUBLIC in and for the State of Washington
Residing at:
My Commission Expires:
STATE OF WASHINGTON )
: ss.
County of Franklin )
On this day personally appeared before me NEVA J. CORKRUM, Chair Pro-Tern of
the Franklin County Board of County Commissioners, to be known to be the individual
described in and who executed the within and foregoing instrument, and acknowledged that she
signed the same as her free and voluntary act and deed for the uses and purposes therein
mentioned.
GIVEN under my hand and official seal this day of 72006.
NOTARY PUBLIC in and for the State of Washington
Residing at:
My Commission Expires:
Interlocal Agreement
City/County-5
STATE OF WASHINGTON )
ss.
County of Franklin )
On this day personally appeared before me ROBERT E. KOCH, Member of the
Franklin County Board of County Commissioners,to be known to be the individual described in
and who executed the within and foregoing instrument, and acknowledged that he signed the
same as his free and voluntary act and deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this day of ,2006.
NOTARY PUBLIC in and for the State of Washington
Residing at:
My Commission Expires:
Interlocal Agreement
City/County-6
Ma p Item: City/County Boundary Ad
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A pplicant: City of Pasco N
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EXHIBIT B
RIGHT-OF-WAY SEGMENTS TO BE EXCLUDE FROM THE CORPORATE
LIMITS OF THE CITY
B-1Road 96 Adiustment from the City to County
Beginning at a point on the south line of the FCID canal right-of-way,
said point being the intersection of the south right-of-way line of the
FCID canal with the northerly extension of the center line of Road 96;
Thence southerly along said extension of Road 96 to a point lying 30 feet
east of the northeast corner of Short Plat 83-7, said point being the true
point of beginning; Thence westerly along the projection of the north line
of Short Plat 83-7 to the west right-of-way line of Road 96; thence
northerly along the west right-of-way line of road 92 to the intersection
with the westerly projection of the south line of Lot 3 Plat of Hills Estates;
thence easterly along said westerly projection of Lot 3 Plat of Hills Estates
to the center line of Road 96; thence southerly along the center line of road
92 to the true point of beginning, as depicted in the map attached hereto
and labeled Map B-1.
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WHEN RECORDED RETURN TO:
City Clerk
City of Pasco,Washington
525 North 3rd
Pasco WA 99301
ORDINANCE NO.
AN ORDINANCE of the City of Pasco, Washington, Revising
the City of Pasco Corporate Boundaries to Coincide With Public
Street, Road and Highway Right-Of-Ways.
WHEREAS, there has been significant growth in the City resulting in annexation of
additional territory within City's defined urban growth boundaries; and
WHEREAS, in several cases, the boundaries of such annexations have been a section
line which has ultimately resulted in being either the centerline, or the edge of a public street,
road or highway right-of-way which in some circumstances has resulted in an inconsistent
ownership or jurisdiction over all or a portion of the roadway; and
WHEREAS, the legislature has found that the use of centerlines of public streets, roads
and highways as boundaries has resulted in divided jurisdictions over such public ways causing
inefficiencies and wastes on their construction, improvement and maintenance and impairing
effective law enforcement and has encouraged cities and counties, by agreement, to revise their
existing centerline boundaries to coincide with right-of-way lines; and
WHEREAS, it has been determined by the City Council of the City of Pasco, and the
Board of County Commissioners of Franklin County, that a revision of the boundaries of the City
of Pasco is necessary to comply with the requirements of RCW 35.02.170, and to provide for the
orderly operation and maintenance of those affected streets, roads and highways; NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON,DO ORDAIN
AS FOLLOWS:
Section 1. The corporate boundaries of the City of Pasco, shall pursuant to RCW
35A.21.210,be revised by:
A) Inclusion of those segments of the following public streets, roads and highways
more particularly described as follows;
A-1 Road 60 & Sandifur Parkway Adjustment from the Count .thy
Beginning at point on the east right-of-way line of Road 60, said point being the
intersection of the east right-of-way line of Road 60 and the northwest corner of Lot 1,
Short Plat 95-2; Thence west along the projection of the north line of the said Lot 1 to the
west line of the northeast quarter of said Section 10, Township 9 North,Range 29;
Thence southerly along the west line of the northeast quarter of said Section 10, to the
intersection with the south line of the northeast quarter of said Section 10, said
intersection being the center of said Section 10; Thence easterly along the south line of
the northeast quarter of said Section 10, to the intersection with the southerly projection
of the east line of Lot 2, Short Plat 93-12; Thence northerly along the southerly
projection of said Lot 2, to the intersection with the south line of said Lot 2, said line also
being the north right-of-way line of Sandifur Parkway; Thence westerly along the north
right-of-way line of Sandifur Parkway to the intersection with the east right-of-way line
of Road 60. Thence northerly along the east right-of-way line of Road 60 to the point of
beginning; as depicted in the map attached hereto and labeled Map A-1 & A-2.
A-2 Road 52 Adjustment from the County to City
Beginning at a point on the west right-of-way line of Lentz Road (Road 52), said point
being the intersection of Lentz Road and the south line of the northeast quarter of Section
10, Township 9 North,Range 29 East; Thence northerly along the west line of said Lentz
Road (Road 52) to the intersection with the easterly projection of the north line of the
south half of the northeast quarter of said Section 10; Thence easterly along the easterly
projection of the north line of the south half of the northeast quarter of said Section 10,to
the intersection with the east line of said Section 10; Thence southerly along the east line
of said Section 10 to the intersection with the south line of said Section 10; Thence
westerly along the south line of said Section 10 to the point of beginning; as depicted in
the map attached hereto and labeled Map A-1 & A-2.
A-3 Road 96 Adjustment from the County to City
Beginning at a point on the south line of the FCID canal right-of-way, said point being
the intersection of the south right-of-way line of the FCID canal and the northerly
projection of the centerline of Road 96; Thence southerly along said projection of the
centerline Road 96 to the intersection with the westerly projection of the south line of Lot
3, Hills Estates; Thence easterly along the westerly projection of the south line of Lot 3,
Hills Estates to the southwest corner of Lot 3, Hills Estates,the same being the east right-
of-way line of Road 96; Thence northerly along the east right-of-way line of Road 96 to
the intersection with the south line of the FCID canal right-of-way; thence westerly along
the south line of the FCID canal right-of-way to the point of beginning as depicted in the
map attached hereto and labeled Map A-3.
A-4 Harris Road Adjustment from the Count, to City.
Beginning at a point on the South right-of-way line of Harris Road, said point
being the intersection of the south right-of-way of Harris Road and the south
section line of Section 7, Township 9 North, Range 29 East, Thence westerly
along the South right-of-way line of Harris Road to the intersection with a
north/south line bearing south 00 degrees, 19 minutes, 39 seconds located 537.70
feet west of the corner of the Southeast quarter of Section 12, Township 9 North,
Range 30; Thence northerly along said north/south line to the intersection with the
south line of Section 12 Township 9 North, Range 30; Thence easterly along the
south line of said Section 12 and continuing easterly along the south line of
Section 7, Township 9 North, Range 29 to the point of beginning, as depicted in
the map attached hereto and labeled Map A-4.
Page 2
B) Exclusion of those segments of the following public streets, roads and highways
more particularly described as follows;
B-1Road 96 Adjustment from the City to County
Beginning at a point on the south line of the FCID canal right-of-way, said point
being the intersection of the south right-of-way line of the FCID canal with the
northerly extension of the center line of Road 96; Thence southerly along said
extension of Road 96 to a point lying 30 feet east of the northeast corner of Short
Plat 83-7, said point being the true point of beginning; Thence westerly along the
projection of the north line of Short Plat 83-7 to the west right-of-way line of
Road 96; thence northerly along the west right-of-way line of road 92 to the
intersection with the westerly projection of the south line of Lot 3 Plat of Hills
Estates; thence easterly along said westerly projection of Lot 3 Plat of Hills
Estates to the center line of Road 96; thence southerly along the center line of
road 92 to the true point of beginning, as depicted in the map attached hereto and
labeled Map B-1.
Section 2. This Ordinance shall be contingent upon approval of a similar Ordinance
or Resolution of the Board of County Commissions of Franklin County, Washington, adopting
the same revision in the corporate boundaries the City of Pasco has provided above, and shall
become effective on the 1 st day of April 2007.
PASSED by the City Council of the City of Pasco, Washington and approved as
provided by law this day of , 2007.
Joyce Olson
Mayor
ATTEST: APPROVED AS TO FORM:
Debbie Clark Leland B. Kerr
City Clerk City Attorney
Page 3
AGENDA REPORT
FOR: City Council February 9, 2007
TO: Gary Crutchfi ity anager W/Shop Mtg.: 2/12/07
Stan Strebel, 4rvSices strative & Community
Director Regular Mtg.: 2/20/07
FROM: Debbie Clark, City Clerk-
SUBJECT: A resolution authorizing the disposal of surplus property.
I. REFERENCE(S):
1. Memorandum from David Renzelman, Crime Specialist/Evidence Technician
2. Proposed Resolution
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
2/12: Discussion
2/20: Motion: I move to approve Resolution No. authorizing the sale of four
Police Department seizure / forfeiture vehicles that are considered surplus
property to City needs.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
A) The Police Department has acquired four seized vehicles through Affidavits in
Support of Default Judgment and Order of Forfeiture, and have determined the
vehicles surplus to City needs.
B) Kelly Blue Book value range is $500 to $1,375 and no minimum price is
suggested for each vehicle. Staff requests Council to declare the vehicles surplus
to City needs, and authorize staff to sell at auction for a price that is in the best
interest of the City.
C) Staff proposes to have the auction consigned to H.A. Rowell Auctioneers for a
25% commission on the gross proceeds from the sale with no charge for
transporting the items to auction or advertisement thereof.
D) In comparison with other auctioneers, this proposal is most advantageous to the
City.
a(e)
MEMORANDUM
To: Debbie Clark, City Clerk
From: Crime Specialist/ Evidence Technician David Renzelman
Date: January 19, 2007
Subject: Seizure/Asset Forfeitures for the Pasco Police Department
Below is a list representing vehicles that have been seized and are now available for
disposal. The value of each of the vehicles described is less than $5,000 each. I
request that each of the four vehicles be classified as surplus equipment and disposed
of accordingly.
1994 Ford Probe VIN# 1ZVLT22B8R5145279
1990 Chrysler New Yorker VIN# 1C3XY66R2LD731305
1998 Ford Pickup VIN# 1 FTBR10C6JUC85845
1991 Pontiac Grand Am VIN# 1 G2NEF4U94C516027
Thank you,
C�
David Renzelman
Crime Specialist/ Evidence Technician
RESOLUTION NO.
A RESOLUTION authorizing the sale of seized/asset forfeiture property surplus to City
needs.
WHEREAS, there are certain items of seized/asset forfeiture acquired by the Pasco
Police Department and property is surplus to City needs; and;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PASCO:
SECTION 1: The items of seized/asset forfeiture property listed below are declared
surplus property and city staff is authorized to sell such property at public auction:
1994 Ford Probe VIN# 1 ZVLT22B8R5145279
1990 Chrysler New Yorker VIN# 1 C3XY66R2LD731305
1998 Ford Pickup VIN# 1FTBR10C6JUC85845
1991 Pontiac Grand Am VIN# 1G2NEF4U94C516027
SECTION 2: The city staff is hereby authorized to dispose of said surplus property at
auction for a price that is in the best interest of the City.
PASSED by the City Council of the City of Pasco this day of February, 2007
Joyce Olson, Mayor
ATTEST:
Debra L. Clark, City Clerk
APPROVED AS TO FORM:
Lee Kerr, City Attorney
AGENDA REPORT
FOR: City Counci January 31, 2007
TO: Gary Crutch i Mrager Workshop Mtg.: 2/12/07
Regular Mtg.: 2/20/07
FROM: Stan Strebel, drf i trative and Community
Services Direc or
SUBJECT: Amendments to Municipal Code Regarding
Sales of Personal Property
I. REFERENCE(S):
A. Proposed Ordinance
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
2/12: Discussion
2/20: MOTION: I move to adopt Ordinance amending Chapter 2.46 of
the Pasco Municipal Code regarding Sale of City Property and to
authorize publication by summary only.
III. FISCAL IMPACT:
N/A
IV. HISTORY AND FACTS BRIEF:
A) The provisions of PMC Chapter 2.46 are somewhat outdated and impractical
given inflation and the growth in the size of the City as an operation.
B) Consignment and internet auctions are frequently more effective and efficient
ways for the City to dispose of personal property than sealed bid or public auction.
C) Staff has prepared the attached ordinance to clarify and streamline the process for
disposal of miscellaneous personal property and small equipment. City Council
authorization would be required for individual surplus items valued at in excess of
$500 unless such items were part of a trade for replacement with a similar new
item that is budgeted or for junk/scrap metal.
3(f)
AN ORDINANCE of the City of Pasco,Washington,Amending
Section 2.46 Entitled "Sale of City Property" of the Pasco Municipal Code.
WHEREAS, The City Council of the City of Pasco, Washington, has determined that it
is necessary to amend Section 2.46 of the Pasco Municipal Code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, DO ORDAIN AS FOLLOWS: (deletions by interlineations, additions by
underlining)
Section 1. That Section 2.46.080 of the Pasco Municipal Code is hereby amended
and shall read as follows:
2.46.080 AUTHORITY TO SELL PERSONAL PROPERTY. The supplies, materials,
and equipment not needed for public use may be sell disposed of by the City with the ,.,,„sen4 a
pursuant to
subseetien 2.4 6.100(5)this section .
A) Personal property with an estimated value, per item, of less than $500 may be
declared surplus by the City Manager and disposed of in a manner determined by the Manager to
be most advantageous to the City, pursuant to Section 2.46.090.
B) Personal property valued in excess of $500, per item, may be declared surplus and
disposed of with authorization from the City Council, including minimum sale price, if and
the manner of disposal.
C) Personal property be traded as consideration in the acquisition of replacement
personal property when such replacement property is included as an authorized expenditure in
the City's current operating budget.
D) Salvage/iunk metals that have accumulated for purposes of sale as scrap metals may
be disposed of by the Department Head having responsibility for such materials, in which case
the metals shall be sold to the local dealer(s) offering the best current market price per measured
weight or volume determined by telephone survey or other reasonable means. (Ord. 2787 Sec. 1,
1990; Prior code Sec. 2-11.04.)
Section 2. That Section 2.46.090 of the Pasco Municipal Code is hereby amended
and shall read as follows:
2.46.090 PROGEDUPLES FOR DISPOSAL OF PERSONAL PROPERTY MINIMUM
PRICE OF PERSONAL PROPERTY.
pr-apet4y fnety be sold. No sale shall be made unless a4 least the fflini . . fixed by the
Getweil is bid as he,.oinaftv.. ,.,.,,tided, personal property declared surplus may be disposed of
through one of the following methods:
A) By transfer to a governmental agency;
B) In trade as credit toward the purchase of a like article;
C) By sale through competitive sealed bid, public, consignment or internet auction.
(Prior code Sec. 2-11.08.)
Section 3. That Section 2.46.100 of the Pasco Municipal Code is hereby amended
and shall read as follows:
2.46.100 COMPETITIVE IN DS FOR SALE OP PERSONAL PROPERTY
EXCEPT ADVERTISEMENT OF SALE OF PERSONAL PROPERTY BY
CONSIGNMENT OR INTERNET AUCTION. The City ri°..v shall adyet4ise for- competitive
bids on any sale of persona' peAy ept* In the event that sulk' lus property is to be sold by
consignment or internet auction, the City Clerk shall cause that notice of such sale shall be given,
in such a manner as to provide reasonable notice to potential buyers of the sale.
A) When selling to a geyewunental ageney;
B) When personal pr-opefty to be disposed ef is to be traded in upon the pufehase of a
like ard
G) When the value of the pr-epeAy to be sold is less than two hundred dollars;
E) Salvage6unk fnetals that have aeeumulated for- purposes of sale as ser-ap metals,-ffli
whiek ease the metals shall be seld to the loeal dealer-(s) offer-ing the best eeivent market pr-iee
per- measured weight or velume detennined by telephone sun,ey or- other- r-easenable fneans-.
(Ord. 2878 Sec. 1, 1990; Prior code Sec. 2-11.12.)
Section 4. That Section 2.46.110 of the Pasco Municipal Code is hereby amended
and shall read as follows:
2.46.110 ADVERTISEMENT OF SALE OF PERSONAL PROPERTY - BY
PUBLIC AUCTION N OR SEALED BIB— PUBLICATION - POSTING. The City Clerk shall
publish an advertisement fer-bids of such auction or sale once each week for two successive
weeks in the official city newspaper. All pending sales shall also be advertised by a notice
posted on a public bulleting board in a conspicuous place at the City Hall. Both posting and the
date of last publication must be at least five calendar days before the final date for submitting the
bids or the date of such sale. (Prior code Sec. 2-11.16.)
Section 5. This ordinance shall take effect and be in force from and after its passage
and five days following its 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 52007.
Joyce Olson, Mayor
ATTEST: APPROVED AS TO FORM:
Sandy L. Kenworthy, Deputy City Clerk Leland B. Kerr,City Attorney
AN ORDINANCE of the City of Pasco, Washington, Amending
Section 2.46 Entitled "Sale of City Property" of the Pasco Municipal Code.
WHEREAS, The City Council of the City of Pasco, Washington, has determined that it
is necessary to amend Section 2.46 of the Pasco Municipal Code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, DO ORDAIN AS FOLLOWS: (deletions by interlineations, additions by
underlining)
Section 1. That Section 2.46.080 of the Pasco Municipal Code is hereby amended
and shall read as follows:
2.46.080 AUTHORITY TO SELL PERSONAL PROPERTY. The supplies, materials,
and equipment not needed for public use may be disposed of by the City pursuant to this section.
A) Personal property with an estimated value, per item, of less than $500 may be
declared surplus by the City Manager and disposed of in a manner determined by the Manager to
be most advantageous to the City, pursuant to Section 2.46.090.
B) Personal property valued in excess of $500, per item, may be declared surplus and
disposed of with authorization from the City Council, including minimum sale price, if any, and
the manner of disposal.
C) Personal property may be traded as consideration in the acquisition of replacement
personal property when such replacement property is included as an authorized expenditure in
the City's current operating budget.
D) Salvage/junk metals that have accumulated for purposes of sale as scrap metals may
be disposed of by the Department Head having responsibility for such materials, in which case
the metals shall be sold to the local dealer(s) offering the best current market price per measured
weight or volume determined by telephone survey or other reasonable means. (Ord. 2787 Sec. 1,
1990; Prior code Sec. 2-11.04.)
Section 2. That Section 2.46.090 of the Pasco Municipal Code is hereby amended
and shall read as follows:
2.46.090 PROCEDURES FOR DISPOSAL OF PERSONAL PROPERTY. Personal
property declared surplus may be disposed of through one of the following methods:
A) By transfer to a governmental agency;
B) In trade as credit toward the purchase of a like article;
C) By sale through competitive sealed bid, public, consignment or internet auction.
(Prior code Sec. 2-11.08.)
Section 3. That Section 2.46.100 of the Pasco Municipal Code is hereby amended
and shall read as follows:
2.46.100 ADVERTISEMENT OF SALE OF PERSONAL PROPERTY BY
CONSIGNMENT OR INTERNET AUCTION. In the event that surplus property is to be sold
by consignment or internet auction, the City Clerk shall cause that notice of such sale shall be
given, in such a manner as to provide reasonable notice to potential buyers of the sale.
Section 4. ADVERTISEMENT OF SALE OF PERSONAL PROPERTY — BY
PUBLIC AUCTION OR SEALED BID — PUBLICATION — POSTING. The City Clerk shall
publish an advertisement of such auction or sale once each week for two successive weeks in the
official city newspaper. All pending sales shall also be advertised by a notice posted on a public
bulleting board in a conspicuous place at the City Hall. Both posting and the date of last
publication must be at least five calendar days before the date for submitting bids or the date of
such sale. (Prior code Sec. 2-11.16.)
Section 5. This ordinance shall take effect and be in force from and after its passage
and five days following its 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 , 2007.
Joyce Olson, Mayor
ATTEST: APPROVED AS TO FORM:
Sandy L. Kenworthy, Deputy City Clerk Leland B. Kerr, City Attorney
AGENDA REPORT
FOR: City Council January 26, 2007
TO: Gary Crutch i anager Workshop Mtg.: 2/12/07
Regular Mtg.:
�M d`
FROM: Stan Strebe , strative and Community
Services c or
SUBJECT: Golf Course Lease
I. REFERENCE(S):
A. January 10, 2007 letter from I.R.I.
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
2/12: Discussion to consensus on method to review I.R.I.'s request.
III. FISCAL IMPACT:
To be determined.
IV. HISTORY AND FACTS BRIEF:
A) The City has a 10 year lease agreement with I.R.I. Golf for Sun Willows Golf
Course. The lease is in its 7th year and scheduled to terminate in December 2010.
The lease grants I.R.I. the option to renew the agreement for an additional 5 years
after the original term.
B) Sun Willows is unquestionably the busiest golf course in the Tri-Cities and the
City has spent a significant amount of money since the inception of the lease to
remodel the clubhouse and restaurant, replace the irrigation system and upgrade
lakes around the course. Direct revenue to the City's general fund from the lease
and golf related activities in 2006 was in excess of$330,000, not including sales
tax revenue.
C) I.R.I. proposes to spend approximately $50,000 to purchase and equip a tent-like
banquet pavilion which would allow the scheduling of more frequent and larger
tournaments and events where some assembly and food and beverage are an
integral part of the event. In consideration for making this investment, I.R.I.
proposes to be able to exercise its option to extend the lease at the same time.
I.R.I. also proposes that some changes to the formula for setting rates at the course
be considered in discussions on the proposed improvements and any lease
extension.
Finally, I.R.I. has raised a concern regarding the financial effect of the City's
elimination (in July 2005) of the 2 ''/2% admission tax on golf courses and a
subsequent amendment to their lease which imposed a 2 ''/z%payment on golf play
revenue.
D) The golf course is a significant source of recreation and revenue for the City. The
lease document is approximately 90 pages and quite complex. Staff proposes that
the Council consider the appointment of a committee to review the ideas advanced
by I.R.I. and make recommendations to the full council. The committee may
appropriately be 2 — 3 individuals with representatives from the Council and
possibly the Park and Recreation Advisory Council.
3(g)
THE I . R. I . GOLF GROUP, L. L.C.
January 10, 2007
Stan Strebel
Administrative and Community Services Director
City of Pasco
P.O. Box 293
Pasco, WA 99301
Dear Stan,
As a follow up to conversations with regard to the Renewal Term Rider for the Sun
Willows Golf Course attached is a_^.outl i ac with our recommendations for
implementation of the extension, capital improvements and changes to the contract with
regard to fees. We will continue with our annual capital improvement contributions
throughout the term of the contract. This will insure that the City will have funds for
additional capital improvements as they are needed in future years.
The capital improvement dollars that the City has put into Sun Willows and the present
conditions of the course lead us to believe that it should no longer be considered the low
price course in the Tri-Cities market. Therefore, we are recommending the requirement
of averaging three area courses and taking 85% of the average should be reconsidered.
Our recommendation is to eliminate the 85%multiplier. This course has achieved the
status of being an outstanding golf experience in the Tri-Cities and should charge the
same green fees as others in the market. We recommend leaving the 15% discount in
place for City of Pasco residents who purchase season passes. This will encourage the
locals to remain at Sun Willows and give them the opportunity to continue to purchase
the passes at a rate less than any other course in the market.
I want to clarify a matter of the change between sales tax and admission tax that has
transpired. At the time we addressed making this change you and I discussed that there
would not be a change in what IRI was paying out. When we were collecting sales tax
from the customers and paying sales tax *?gat was ands in and funds out fikir us with ito
expense to IRI. Now that the sales tax has been reduced and we are paying 2 1/2%more
in the pay for play category that we do not collect from the customers please clarify how
IRI is not paying more. I am hopeful that you can help explain how this is not costing
IRI additional money.
Sincerely,
f� .
Debbie Pedersen
Vice President
cc: Jeff Silverstein
11512 EL CAMINO REAL,SUITE 120 1 SAN DIEGO,CA 92130 1858.436.8460 PHONE 1 858.436.8478 FAx
IRI Renewal Term Rider Proposal to the City of Pasco
for Sun Willows Golf Course
1. IRI to provide $50,000 in capital improvements for a pavilion in the first quarter of 2008
2. City to exercise the Renewal Option of five years for the Golf Course Lease Agreement
3. Recommended changes to contract with regard to the daily green fees and season fees to start
with the 2009 rates
Revise section 7.3.b to delete the reference that the Fees must be 85% of the average regular
rate then being charged at Comparable Facilities for both daily green fees and season passes.
Change to allow Sun Willows to charge an average of the three Comparable Facilities rounding
up to the nearest whole dollar.
Language could be added to state that the daily fee rate and season pass rate in any category
would not increase by more than 5% in any one year .
We will offer a 15% discount from the to City of Pasco residents for Season Passes
AGENDA REPORT
TO: City Council February 9, 2007
FROM: Gary Crutch e Manager Workshop Mtg.: 2/12/07
SUBJECT: Audit Finding
I. REFERENCE(S):
1. "Schedule of Findings,"FY 2005
II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS:
2/12: Discussion
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
A) The state's annual audit was completed (for FY2005) in December 2006 and the
final audit report was issued January 12, 2007. While the audit was good overall, it
did contain the first "finding" in a city audit over the past 10 years. Substance of the
finding is outlined in the attachment(an excerpt of the formal audit report).
V. DISCUSSION:
A) The audit finding is due to the failure of the facilities manager to use the "full
contracting process; that failure led to the absence of appropriate documentation of
contractor compliance with particular federal requirements, such as submittal of
certified payroll records and proof the contractor paid the required level of wages for
the construction work paid for with federal (CDBG) dollars. It is important to note
that the very same project paid for with state and local tax dollars does not require
the same documentation that is associated with expenditure of federal dollars.
B) In this case, the staff error was not by ill motivation; rather, the federal project was
handled the very same way the city managed its "twin" (installation of a
prefabricated park restroom building in another park). The fact is that the project got
accomplished for less money than would have been spent had the federal
requirements been recognized and followed. Saving money, however, cannot be an
acceptable reason to overlook compliance with applicable procedural rules.
Consequently, the finding was included in the audit report.
C) Staff has taken appropriate steps to assure the procedural rules are adhered to in
future federal projects. Not only has new staff been adequately trained on the rules,
the Community & Economic Development Director is now required to approve any
CDBG payment prior to its release, to assure that all procedural requirements have
been met before contractor payment occurs.
3(h)
Y
Schedule of Federal Audit Findings
City of Pasco
Franklin County
January 1, 2005 through December 31, 2005
1. The City did not follow state procurement procedures and Davis-Bacon
?? compliance requirements related to the Memorial Park Upgrade project
funded with federal grant money.
f
Description of Condition
During our review of federal Community Development Block Grant funds (CFDA 14.218), we
<a found that during the Memorial Park upgrade the City hired a contractor to perform work related
to restroom installation. The City hired the contractor based on previous work performed for the
City and knowledge of the contractor's ability to perform the task.
t
`j The City did not use the public works procurement process required by state law. In addition, the
l City did not have a signed contract informing the contractor that the project was subject to the
federal Davis-Bacon Act, which requires the payment of federal prevailing wages to laborers and
submission of weekly -certified payroll reports. The City also did not require or retain
documentation related to prevailing wages and certified payroll from the contractor.
In reviewing the expenditure for the work performed it appears costs charged to the block grant
,. were allowable. We are not questioning costs.
=� Cause of Condition
The City disregarded state bid laws and fedefal compliance requirements, procurement and the
Davis-Bacon Act when spending federal funds for the project.
Effect of Condition
The City cannot ensure it paid the best and reasonable price for the construction work. Further,
the City could be held accountable by the grantor for any wages paid to workers whose rates
were less than the applicable federal prevailing wages.
Recommendation
We recommend the City follow the public works procurement process and ensure all federal
compliance requirements are met when expending federal funds.
City's Response
t The City acknowledges that its files do not contain documentation which evidences the use of
small works provisions for contracting site work associated with the Memorial Park restroom
installation. The restroom facility itself, a pre-fab structure, was one of two identical facilities
purchased jointly under State procurement contract with CXT Products (09802). The site work
for the other restroom facility was completed under bid for the Sacajawea Heritage Trail, by Ray
Poland and Sons, the contractor that did the Memorial site work.
Y�
Washington State Auditors Office
2
It appears that the City's Facilities Manager at the time (since retired) did not recognize the
requirement to process the site work for the Memorial Park unit under RCW 39.04.155. The new
Facilities Manager for the City has been trained in this requirement.
In regard to the federal Davis-Bacon Act requirements, files for the project do not contain required
documentation. The City has recently been made aware of shortcomings in its CDBG/Federal
Labor Standard oversight and compliance efforts by the Department of Housing and Urban
Development. The City believes that the Memorial Park compliance issues and those addressed
directly to HUD are similar and have been corrected as outlined in the letter of August 16, 2006,
by Richard Smith, City Community and Economic Development Director to James K. Harrell,
HUD Regional Labor Relations Officer and the September 20, 2006, memo of Mr. Smith to
Department Directors involved with CDBG contracts.
Auditor's Remarks
We appreciate the actions taken by the City to correct the conditions identified. We will follow up
during our next regularly scheduled audit.
Applicable Laws and Regulations
Revised Code of Washington 39.04.155 states, in part;
(1) This section provides uniform small works roster provisions to award
contracts for construction, building, renovation, remodeling, alteration, repair, or
improvement of real property that may be used by state agencies and by any
local govemment that is expressly authorized to use these provisions. These
provisions may be used in lieu of other procedures to award contracts for such
work with an estimated cost of two hundred thousand dollars or less. The small
works roster process includes the limited public works process authorized under
subsection (3) of this section and any local government authorized to award
contracts using the small works roster process under this section may award
contracts using the limited public works process under subsection (3) of this
section.
Title 29, Code of Federal Regulations, Section 3.3
(b) Each contractor or subcontractor engaged in the construction, prosecution,
completion, or repair of any public building or public work, or building or work
financed in whole or in part by loans or grants from the United States, shall
furnish each week a statement with respect to the wages paid each of its
employees engaged on work covered by this part 3 and part 5 of this chapter
during the preceding weekly payroll period. This statement shall be executed by
the contractor or subcontractor or by an authorized officer or employee of the
contractor or subcontractor who supervises the payment of wages, and shall be
on form WH 348, "Statement of Compliance"', or on an identical form on the back
of WH 347, "Payroll (For Contractors Optional Use)" ' or on any form with
identical wording.
Title 29 Code of Federal Regulations, Section 5.5
(a) The Agency head shall cause or require the contracting officer to insert in full
in any contract in excess of $2,000 which is entered into for the actual
construction, alteration and/or repair, including painting and decorating, of a
public building or public work, or building or work financed in whole or in part
from Federal funds . . . the following clauses . . .
Washington State Auditor's Office
3
(1) Minimum wages. (i) All laborers and mechanics employed or working
upon the site of the work . . . will be paid unconditionally and not less often than
once a week . . . the full amount of wages and bona fide fringe benefits (or cash
equivalents thereof) due at time of payment computed at rates not less than
those contained in the wage determination of the Secretary of Labor. . . .
Washington Stale Auditors Office
4