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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) I 1m �° �, " _Mtn,►� i ZZ a " CE 1 RE t� W I _ a c _N:I► s ist � � �+� s `!1111111►� \ � i � CW�� I_umulull _mum mr "All 1111 .ruvy LJ 1i / 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 stment A pplicant: City of Pasco N A-1/A-2 File #: ANX 07-001 14.01 AM Aln- a y . 1� y .. :r la v e v 3 �� Map Item: City/County Boundary Adj stment A-3 Applicant: City of Pasco File • ANX 07-001 IWIW Sm No 'Pot, 1 � y E •-- ��`'� ��"3 ur`'ter "�" '.�,� �}-1 � s Y= �``;�'_f,"`- Ma p Item: City/County Boundary Adj stment A pplicant: City of Pasco N A-4 File #: ANX 07-001 r �x yK r _ " r ^ - r :- tz ........................ ^ /J/ wd : r.. ,, t 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. SJ l� �Ot „�. b M er 111E •�•.� U 1 I l T t' 6Pe u r � f nie z� . — — — ry�' v x' 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