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2009.04.13 Council Workshop Packet
AGENDA PASCO CITY COUNCIL Workshop Meeting 7:00 p.m. April 13, 2009 1. CALL TO ORDER 2. ROLL CALL: (a) Pledge of Allegiance. 3. VERBAL REPORTS FROM COUNCILMEMBERS: 4. ITEMS FOR DISCUSSION: (a) Senior Services Advisory Committee Interviews: 1. Agenda Report from Gary Crutchfield, City Manager dated April 8, 2009. 2. Applications (4) (Council packets only). (b) Fluoridation Grant Agreement for the West Pasco Water Treatment Plant: 1. Agenda Report from Robert J. Alberts, Public Works Director dated April 8, 2009. 2. Grant Agreement. 3. Resolution No. 2406. (c) Baseball Stadium Patio Area Improvements: 1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated April 8, 2009. 2. Letter from Dust Devils Team. 3. Photograph of Existing Patio Area. 4. Photographs of Proposed Pergola Structure. (d) Annexation: Road 76 and Court Street(MF#ANX09-001): 1. Agenda Report from David I. McDonald, City Planner dated April 8, 2009. 2. Vicinity Map. 3. 3131/09 Property Owner Letter and Frequently Asked Annexation Questions. 4. Annexation Information Map. (e) Public Notification Signage for Land Use Permits: 1. Agenda Report from Rick White, Community & Economic Development Director dated April 8, 2009. 2. January 30, 2009 Memorandum. (f) 2009 Justice Assistance Grant: 1. Agenda Report from Denis Austin, Chief of Police dated April 9, 2009. 5. OTHER ITEMS FOR DISCUSSION: (a) (b) (c) 6. EXECUTIVE SESSION: (a) (b) (c) 7. ADJOURNMENT. Workshop Meeting 2 April 13,2009 REMINDERS: 1. 12:00 p.m., Monday, April 13, Pasco Red Lion — Pasco Chamber of Commerce Membership Luncheon. (CBC's "Innovation Institute" presented by Gene Holand, CBC's Business 299 Innovation Institute Program Director) 2. 4:00 p.m., Monday, April 13, CBC — TRIDEC meeting with Senator Patty Murray. (COUNCILMEMBER MIKE GARRISON) 3. 6:30 p.m., Monday, April 13, Conference Room #1 — Old Fire Pension Board Meeting. (COUNCILMEMBER MATT WATKINS, Rep.; MAYOR JOYCE OLSON, Alt.) 4. 10:00 a.m., Tuesday, April 14, Senior Center — Senior Citizens Advisory Committee Meeting. (COUNCILMEMBER TOM LARSEN,Rep.; BOB HOFFMANN, Alt.) 5. 5:30 p.m., Wednesday, April 15, Applebee's Kennewick—Benton, Franklin &Walla Walla Counties Good Roads & Transportation Association Board Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; AL YENNEY,Alt.) 6. 12:00 p.m., Thursday, April 16, 515 W. Clark Street — Pasco Downtown Development Association Board Meeting. (COUNCILMEMBER AL YENNEY,Rep.; MATT WATKINS, Alt.) 7. 3:30 p.m., Thursday, April 16, 502 Boeing Street— Franklin County Emergency Management Board Meeting. (MAYOR JOYCE OLSON) 8. 8:00 a.m., Friday, April 17, Franklin County Courthouse — Law & Justice Council Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; MIKE GARRISON, Alt.) 9. 11:30 p.m., Friday, April 17, Sandberg Event Center — Benton-Franklin Council of Governments Board Meeting. (COUNCILMEMBER TOM LARSEN, Rep.; BOB HOFFMANN, Alt.) 10. 11:30 p.m., Friday, April 17, 6314 Mercedes Court — Olin Homes Ribbon Cutting Ceremony. (MAYOR JOYCE OLSON) AGENDA REPORT TO: City Council April 8, 2009 FROM: Gary Crutchfie Manager Workshop Mtg.: 4/13/09 SUBJECT: Senior Services Advisory Committee Interviews I. REFERENCE(S): 1. Applications (4) (Council packets only) II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 4/13: Council to conduct brief interviews with Paula Kitchel, Margaret Moore, Jim Michaud and Richard Brandt. III. HISTORY AND FACTS BRIEF: A) The Senior Services Advisory Committee includes four appointed members (the fifth board position is reserved for the Senior Citizens Association President); terms are for three years. The committee meets on the second Tuesday of each month at 10:00 a.m. B) The Senior Services Advisory Committee advises the City Council on programs, activities and interests of senior citizens as they relate to the Senior Citizen Center. C) At the present time there are two vacancies on the commission: 1. Position No. 1 term expiration date of 4/1/12 2. Position No. 4 term expiration date of 4/1/11 D) After Council screening committee review of all applications, the following have been selected to interview for Positions 1 and 4: 1. Paula Kitchel.................................................4504 Desert Plateau Drive 2. Margaret Moore........................................................4110 Hilltop Drive 3. Jim Michaud ...............................................................9100 Court Street 4. Richard Brandt............................................ 4212 Meadow Sweet Street IV. DISCUSSION: A) After conduct of interviews at the April 13 Workshop meeting, it is proposed that appointments be made by the Mayor, subject to confirmation by the Council, at the April 20 meeting. 4(a) AGENDA REPORT NO. 17 FOR: City Council April 8, 2009 TO: Gary Crutchfi Manager FROM: Robert J. Alberts, Public Works Director Workshop Mtg.: 04/13/09 Regular Mtg.: 04/20/09 SUBJECT: Approval of Fluoridation Grant Agreement for the West Pasco Water Treatment Plant I. REFERENCE(S): 1. Grant Agreement 2. Resolution No. 2406 II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 04/13: Discussion 04/20: MOTION: I move to approve the Fluoridation Grant Agreement for the new West Pasco Water Treatment Plant, and further, authorize the Mayor to sign the agreement. III. FISCAL IMPACT: Save Water Customers $100,000 IV. HISTORY AND FACTS BRIEF: A) The City received a Fluoridation Grant Agreement from the Washington Dental Service Association to add fluoride to the Butterfield Water Treatment Plant. On November 01, 1998, Council passed Resolution No. 2406 directing staff to fluoridate the City's water system. On January 18, 2000 the City awarded a contract to build the fluoridation system, approve the construction for the fluoridation facilities and to approve the acceptance of a grant for $214,500 from the Washington Dental Service Association. The City started fluoridating the City's water in June of 2002. V. DISCUSSION: A) Once an agency starts fluoridating the City's water system, they are mandated to fluoridate all sources of water supply. With the upcoming addition of the new West Pasco Water Treatment Plant as a second source of water supply, fluoride is required, therefore integrated into the design of the new plant. The overall cost of the fluoridation improvements at the new plant is estimated at $100,000. The City has received a grant agreement in the amount of$100,000 for the fluoridation system at the new plant from the Washington Dental Service Association. Acceptance of the grant agreement by City Council would represent $100,000 savings to the new water plant, ultimately benefitting all water customers. Staff recommends Council accept the grant agreement. 4(b) Washington Dental Service Foundation Grant Agreement We are pleased to award the following grant: Grantee: City of Pasco, Public Works Department Contact: Robert Alberts, Director of Public Works Grant Amount: $100,000 Grant Purpose: Fluoridation System for the New West Pasco Treatment Plant Grant Period: May, 2009-July 2010 Grantee agrees to use these grant funds solely for the purposes outlined in the attached request letter to the Washington Dental Service Foundation (the "Foundation") received in March 4, 2009, subject to the terms and conditions set forth in the letter and this agreement. Grantee further agrees that these funds will be used exclusively for exempt purposes as described in Section 501(c)(3) of the Internal Revenue Code. Grantee further agrees to comply with all applicable federal, state, county and municipal laws in conducting the project and using the grant. Conditions of the Grant The grant is to be used to support fluoridation equipment for the New West Pasco Treatment Plant. Grantee may not use any of the grant funds for expenditures other than those outlined in the Grantee's request letter without prior written approval from the Foundation. Grantee will repay to the Foundation any portion of the grant funds that is not expended within the grant period identified above and as outlined in the Grantee's letter. Grantee will notify the Foundation immediately if there are changes in the scope, budget, staffing or timing of the Project or if there are any other developments that significantly affect the operation of the Project or the organization. Reports Grantee shall submit a one page final report describing the project and the funds that were expended. The Grantee will keep adequate supporting records to document expenditure of grant funds and of the Project. Grantee will permit representatives of the Foundation to visit Grantee premises and review activities of the Grantee and will permit the Foundation, at its own expense, to conduct an independent financial and/or programmatic audit of the expenditure of this grant, if it chooses to. By executing this agreement, Grantee represents that the IRS determination information regarding its tax-exempt status submitted to the Foundation has not been revoked or modified and the Grantee has received no indication from the Internal Revenue Service of its intent to revoke or modify such determination. Grantee will notify the Foundation immediately of any significant organizational changes during the term of the grant, including changes in key personnel or tax status. The Trustees of the Foundation are pleased to make this grant to the City of Pasco, Public Works Department. An officer of the organization must sign and return this grant agreement as evidence of understanding and acceptance of its terms and conditions. One copy of the agreement may be retained for the Grantee's records. By Organization Title Date By Washington Dental Service Foundation Title Date It RESOLUTION NO. A RESOLUTION authorizing the fluoridation of the City of Pasco municipal water supply system. WHEREAS, the Tri-Cities Health Care Task Force has presented to the City Council the benefits associated with the fluoridation of the City's drinking water, especially to all children, regardless of economic status, and WHEREAS,the Tri-Cities Health Care Task Force has assisted to make available to the City a grant to fiunish and install a fluoridation system funded by the Washington Dental Services Foundation, and WHEREAS, The City Council has heard testimony from medical and dental professionals regarding the benefits of fluoridation and the special need for dental hygiene assistance historically demonstrated in the City of Pasco and Franklin County, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: Section 1. That the City Council based upon the evidence of testimony received from medical and dental health care professionals for the need and benefits associated with fluoridation of the Pasco drinking water supply, to improve the dental hygiene for the children in residence in the City of Pasco, finds that it is in the best interests of the citizens of the City of Pasco to authorize fluoridation to the drinking water supply and the fluoridation system shall be installed upon the receipt of the grant for the installation of . necessary equipment and modifications of the drinking water system to accommodate fluoridation and its continued health and economic feasibility. Section 2. The City Manager has authorized to make authorization for a grant from the Washington Dental Service Foundation for funds sufficient to pay for complete installation of the fluoridation system, to provide for the training of staff and fund the first two years of the chemical cost. PASSED by the City Council of the City of Pasco, Washington this � day of November, 1998. 1 he dN car* to this is a True and Comsat copy of a Resoludon-Page i doa Awd on file wit31 The CRY of pa sco,Washin on 1 ; City Clerk v Charles D. Kilbury Mayor ATTEST: APPROVED AS TO FORM: Catherine Seaman Leland B. Kerr Deputy City Clerk City Attorney Resolution-Page 2 AGENDA REPORT FOR: City Council April 8,2009 TO: Gary Crutchfi Manager FROM: Stan Strebel, A ministrative ommunity Workshop Mtg.: 4/13/09 Services Director Regular Mtg.: 4/20/09 SUBJECT: Baseball Stadium Patio Area Improvements I. REFERENCE(S): 1. Letter from Dust Devils Team 2. Photograph of existing patio area 3. Photographs of proposed pergola structure U. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 4/13: Discussion 4/20: Motion: I move to award the contract for the Baseball Stadium Patio Area Improvements project to the low bidder,Patio Covers Unlimited, in the amount of $51,013.72, including sales tax, and further, authorize the City Manager to sign the contract documents. III. FISCAL IMPACT: Balance of 2007 grant from State of Washington. IV. HISTORY AND FACTS BRIEF: A) In 2007 the State Legislature awarded $666,000 to the City as part of a funding package for five publicly owned minor league baseball stadiums in the state. A portion of the funding was used to pay for the shade structure erected in 2006 — 2007. An additional amount was used to upgrade bleacher seating in the upper deck in 2008. The City is currently anticipating the final installation of the new scoreboard, which Council approved in February. As the scoreboard replacement cost is less than originally expected, approximately $55,000 of the funding remains unexpended. All monies under the grant must be expended by June 30, 2009. B) The Dust Devils team has suggested that remaining funds be used to replace the patio area canopy which has been in place for more than 10 years. The original design was for a fabric cover on an aluminum framework. Maintaining the fabric has proven to be an ongoing and expensive project. Proposed is an aluminum pergola type structure which will provide fan comfort with less ongoing cost and better aesthetics. As noted in the team's letter, the patio area is a major feature at the stadium and a source of revenue generation for the facility. In conjunction with the patio improvements, the team has committed to develop a plan (with the approval of the City) that they will implement this year to upgrade the appearance along the west boundary of the stadium, adjacent the softball complex. C) Staff has secured bids for the construction of the pergola as follows: Nor Pac Exteriors $69,605.73 Patio Covers Unlimited $51,013.72 A third bid, from Bi-State Siding($45,449.17),was withdrawn as the bidder decided that they could not comply with prevailing wage laws of the state. D) Staff recommends award of the contract to Patio Covers Unlimited. 4(c) Elie SetoI Tri-City Dust Devils � Colorado Rockies Short-Season Class A Affiliate To: Mayor Olson Pasco City Council From: Brent Miles,President Tri-City Dust Devils Date: April 8, 2004 Re; Patio Area Improvement Project The City of Pasco has approximately$55,000 remaining from the 2007 State funding for the 5 Minor League Baseball stadiums in Washington. The remaining funds must be used by June 30, 2009. I The Tri-City Dust Devils proposes that the remaining funds be used for the Patio Area ` Improvement Project. The goal of this project will be to upgrade the appearance of the area and improve fan safety and comfort. The Patio Area, along the first base line, is rented on a nightly basis to local companies for a pre-game, all-you-can-eat buffet for up to 200 people and then, is open to the public with a beverage stand once the game begins. In addition,on most Saturday home games the ' Stadium is used for company picnics,which are typically three hour events before the gates open to the public. During the picnics,the Patio is the main seating and food service location. Also,the area has been used on non-game days in the past by outside groups, such j as the Visitor and Convention Bureau Sports Council and the Association of Realtors. 7 I The Patio Area currently has an aluminum framework with a tattered fabric roof held in place by bungee cords. The Dust Devils have repaired and/or replaced this temporary roof each of the last four years. The Patio Area Improvement Project will install an aluminum pergola structure that will vastly improve the aesthetics and safety of the area, while also providing a long-term,maintenance-free solution that the City of Pasco and the Dust Devils can be proud to showcase. In conjunction with this improvement the team will commit to the development of a plan(with approval of the City)and implementation of landscaping/improvements along the back side of the patio (western boundary of the property) adjacent to the softball complex. The City of Pasco and the Dust Devils have partnered to significantly improve the Stadium over the past four years. We feel the Patio Area Improvement Project is clearly the next step in the on-going improvements to the stadium. Thank you. GMSM'UMA 6200 Burden Blvd. Pasco,Washington 99301 ph:509.544.8789 fax:509.547.9570 mm—dustdevilsbasebaH.com I f ••s 4{ . •:bit ti fttll - �' if 1�1 : f f ,• 4 r iP ter+ ..: � eeiiata q y . \ . « © it - § ��\ �� � 2 ' < �§ � �\ . � « < it it pi 9t "Aw it lt \ i \ , \ \ ^ ƒt �a / . . .> 19 91, : . . . . . to , ° w AGENDA REPORT FOR: City Council April 8, 2009 TO: Gary Crutchfie Ji ager Workshop Mtg.: 4/13/09 Rick White, Co Ec onomic Development Director FROM: David I. McDonald, City Planner SUBJECT: Annexation: Road 76 & Court Street MF#ANX09-001 I. REFERENCE(S): 1. Vicinity Map 2. 3/31/09 Property owner letter and frequently asked annexation questions 3. Annexation information map II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 4/13: DISCUSSION: III. FISCAL IMPACT: See below IV. HISTORY AND FACTS BRIEF: A. Due to a recent state court decision,payment of the "use tax" for brokered natural gas applies at the point at which the broker makes delivery of the natural gas to the end user. In the case of Pasco users of brokered natural gas, that location purportedly is at the Cascade Natural Gas station situated at Road 76 and Court Street. As that location is just outside the city boundary, it is not subject to the city's use tax. This circumstance results in a sudden loss of prior tax collections approximating 530,000/annually. If the Cascade station was annexed to the city, the tax obligation would be restored and the city would not experience the loss of general fund revenue. B. Staff'has identified the highlighted area on the vicinity map (modified from the March 23, 2009 workshop as the result of contact with property owners) for possible annexation to address the loss of general fund revenue discussed above. Annexation of unincorporated lands is most often accomplished through the petition method of annexation. Valid annexation petitions must carry either the direct signatures of property owners or signatures through the use of power of attorney agreements necessary for water service. In this case property owners within the proposed annexation area have provided the city with enough signatures through current power of attorney agreements to cause the area to be annexed. C. Following the March 23, 2009 Council workshop on this matter, staff contacted (by mail) nineteen property owners within the vicinity of the Cascade Natural Gas station explaining the city's need for the annexation and provided responses to frequently asked questions. In response, staff'received signed forms from four of the property owners. One of the four respondents supported annexation. The property owner supporting annexation is located on Road 80 in the northwest corner of the area identified in the vicinity map. D. The petition method of annexation requires the Council to review an initial petition (representing 10% of the property value for the area) to make a determination on the appropriateness of the annexation boundary. The annexation boundary is established by approval of a Council Resolution. The initial petition 4(d) " q , AJ 1:, :rya•n •.;:�.i%' : �_�, ..--y,�,'jn' ,fir?", y ."��'•.,,P,.c•: �.R •i .�^e :T (.t;.TTa�z • � ;,: ., ,y'��"'°._._..,^.�R�w7:.a �•s,:i.d'"�.•....«..>- .:�«.?.". _� .�'...S1;i�'�".»�.i,„".,; ..:3'iT.Gr��a;:�p°.s.r.-.. _:.. ��.0��� 4 IV WV t l ww�, - '', 'a �''• J•:F Mme' t'! N A �4 {' „' ` ` .. x (v d ` :F•.• 1` ..i"F* ����:. /¢�y J> •�, f �`^„ �! ..yam .:' •++yr+.. - -f.�� ��K�>. '�� - ;,',;•' era-- ,��`r `;�r `'.-�� .J•4+.. rl Ohio a e. i�.s _ +7r L.•v ,,.,-.a,3k aww.».,.....+�....r".e'=� ... _.,�,:•�.,,-:.,�,..��.. �,.�il..�. ,.,'i r�r.- .:�,« ..:���.: a` '•f '�`' `�"''-��';; � � -Esc. .'�..,, s ■-_ ? s_•. -. . '�;,i , ,, March 31,2009 Addressee Street Address City, State Zip RE: Annexation Dear Addressee: The city is considering annexation of the area shaded on the enclosed map. This area is near the intersection of Road 76 and Court Street and is contained within the Pasco Urban Growth Boundary that was established by Franklin County in 1993. Due to a recent state court decision regarding taxation of natural gas use, the city finds it must annex the natural gas metering station located at Road 76 and Court Street in order to quickly restore a local tax revenue of at least$30,000 annually. Over the years, the city has permitted homes in the west Pasco "island" to connect to the city's water system without first requiring annexation to the city. This has been accommodated by the homeowners signing an annexation agreement committing to annexation when the city deems it appropriate. For the area shaded in the enclosed map, the city has enough annexation agreements now on file to effect annexation of that area. In the coming weeks, the City Council will consider annexation of all or part of the designated area (shaded on the map). The Council's decision on the boundary will be aided by knowing in advance if you desire to be included in the proposed annexation. To that end, we have enclosed a form letter; if you wish to be included in the annexation, please sign the form and return it to the undersigned by Wednesday,April 8,2009. We have included information that compares costs for a home both inside and outside the Pasco city limits. You may be surprised to learn that overall costs are less in the city than in the county. We have also included a list of"Frequently Asked Questions"that can provide additional information. Please feel free to contact me with any questions you might have about the information in this letter or the annexation process itself, at: (509)545-3441 or via e-mail communitydevelopment{,Pasco-wa.gov. Sincerely, Rick White Community &Economic Development Director RW/GC/tlz enclosures FREQUENTLY ASKED QUESTIONS Will my property taxes change upon annexation? Your property taxes will 2009 Property Tax Levies decrease if you annex to the CITY COUNTY City of Pasco. There are some School District $7.251 $7.251 new taxes that you will pay as City Regular Le $2.004 $0 a City resident, however there State Schools $1.969 $1.969 are also taxes that you are Count $1.719 $1.719 currently paying that you will Port of Pasco $0.347 $0.347 no longer pay. Taxes for a County Road $0 $1.786 home assessed at $150,000 Mid-Columbia will decrease by Library $0 $0.421 approximately $200 per year Fire District #3 $0 $1.116 upon annexation. The 2009 TOTAL $13.290 $14.609 Property Tax Levies table summarizes the tax levy per $1,000 in assessed valuation. Will existing land uses be allowed to continue? Yes. Legally established existing uses within the annexation will be allowed to continue as long as they do not constitute a public nuisance. If the non- conforming use ceases for a 12-month period (same as Franklin County) then the appropriate City zoning designations will apply. Property owners should contact our Planning Division at (509) 545-3441 for additional information. Will the City require me to hook up to the sewer system? Annexation into the City limits will not result in a mandatory hook up to the City's sewer system. Property owners are generally required to connect to the sewer system only if their septic system has failed and their house is located within 200 feet of a City sewer main which is usually measured along the most feasible route of connection. It's important to note that if annexed - the ability to connect to the City sewer system occurs. This provides assurance in case of a septic system failure. The City suggests that specific questions on inspections or repair of existing septic systems be directed to the Benton Franklin County Health Department at (509) 460- 4205. Questions on connection to the City's sewer system should be directed to the City of Pasco Engineering Division at (509) 545-3444. Will my household utility costs increase if I am annexed into the City? Your household utility costs will decrease if you are AVERAGE ANNUAL COST COMPARISONS currently receiving City water. The addition of utility taxes is CITY COUNTY often offset by the reduction Property Taxes $1,993 $2,191 in property tax, and the Telephone $520 $480 surcharge that is added to water service. The Average Electricity $1,171 $1,080 Annual Cost Comparison Water $191 $239 table summarizes the Solid Waste $186 $228 estimated annual household costs for an average $150,000 TOTAL $4,061 $4,218 home in Pasco. How will annexation affect law enforcement and fire protection services? The Pasco Police and Fire departments will provide police, fire and ambulance services upon annexation. These fulltime professionals are dispatched from centralized locations and have mutual aid agreements with surrounding jurisdictions if additional assistance is needed. If I am annexed, will I have to switch garbage services? No. Basin Disposal will continue to pick up your garbage. However, the costs for this service within the City are lower; there is curbside service available for large or irregular items and the option of using the landfill for 2 free passes per year. In unincorporated areas there are additional fees for excess curbside pick-up beyond the 96 gallon container. What will happen to my auto and fire insurance ratings if I am annexed? Auto insurance rates are not determined by municipal boundaries but by zip codes. Fire insurance rates are determined by the property class rating of the City or Fire District. Pasco's Fire Department is rated as a class 5 and Franklin County's Fire District #3 is rated a class 7. You should contact your fire insurance provider to see what the cost savings will be with these different ratings if an annexation occurs. Will annexation affect school district boundaries? Annexation does not affect the school boundaries; they are fixed by the Pasco School District. � I I Proposed Annexation �j Proposed Annexation Properties with Agreements 77T i CITY LIMITS CITY LIMITS i RT i r a AGENDA REPORT FOR: City Council April 8, 2009 TO: Gary Crutehfie Manager Workshop Mtg.: 04/13/09 FROM: Rick White, Community&Economic Development Director SUBJECT: Public Notification Signage for Land Use Permits I. REFERENCE(S): A. January 30,2009 Memorandum II. ACTION REQUESTED OF COUNCIL I STAFF RECOMMENDATIONS: 04/09: DISCUSSION III. FISCAL IMPACT: See January 30, 2009 Memorandum IV. HISTORY AND FACTS BRIEF: A. State law authorizes communities to provide public notification of land use issues and permits through a variety of methods. Currently, the City publishes notices in the Tri-City Herald twice and directly notifies abutting or radius property owners by first class mail approximately 2 weeks prior to the action or hearing. B. Council has indicated interest in reviewing the benefits and drawbacks of posting specific sites with signage that advertise pending land use actions or permits. C. The attached memorandum discusses several options for consideration, as well as a series of policy questions associated with using signage for public notification; such as: 1) Should costs be recovered through application fees? 2) Is Council comfortable with an affidavit from the applicant that guarantees the site has been posted? The memorandum also suggests consideration of eliminating the current practice of publishing legal notice in the Herald and replacing that with notification signage. D. Following discussion of this matter and based on Council direction, staff can prepare an implementing ordinance should the present method of public notification change. 4(e) MEMORANDUM January 30, 2009 TO: Gary Crutchfield, City Manager FROM: Rick White, Director Community &Economic Development SUBJECT: Notification for land use procedures Current procedures for almost all land use applications involve publishing public notice in the Tri-City Herald twice for the applicable land use proposal, and notifying abutting or radius property owners by first class mail based on a title company report or the Franklin County Assessor records of ownership. This notification by mail occurs approximately 14 days prior to the meeting date. State law authorizes options for public notification of land use permits and also allows communities to choose their preferred method for all or different categories for such land use permits, most practically accomplished by passage of a resolution. The options provided in State law (and reiterated in Pasco Municipal Code 4.02.090) are as follows: (4) The Director shall use reasonable methods to give the notice of application to the public and agencies with jurisdiction and may use its existing notice procedures. The Director may use different types of notice for different categories of project permits or types of project actions. If not otherwise specified, the Director shall use the methods provided for in (a) and (b) of this subsection. Examples of reasonable methods to inform the public are: (a)Posting the property for site-specific proposals; (b) Publishing notice, including at least the project location, description, type of permit(s) required, comment period dates, and location where the complete application may be reviewed, in the newspaper of general circulation in the general area where the proposal is located or in a local land use newsletter published by the local government; (c) Notifying public or private groups with known interest in a certain proposal or in the type of proposal being considered; (d)Notifying the news media; (e) Placing notices in appropriate regional or neighborhood newspapers or trade journals; (t) Publishing notice in agency newsletters or sending notice to agency mailing lists, either general lists or lists for specific proposals or subject areas; and, (g)Mailing to neighboring property owners. Posting the site with information pertaining to the land use application is an acceptable method of notification. Posting the site can be as simple or as complicated as needed, and each signage option has costs, benefits and drawbacks. There are many variables to the following — but these are representative of the primary options for public notification signage: 1. Require the applicant to post the property with specific information on a sign of his own making and then verify that this has occurred (4'x 8' size — special treated plywood). a. This will draw attention to the site and can be done at little cost to the City except for the staff action of verifying the sign posting. The sign is very durable, will withstand most weather events and is likely to remain on-site through the conclusion of the land use process. b. The City will need to write very exact specifications for the style and lettering so that these applicant—provided signs become universally recognized for indicating a land use action. The applicant will be required to remove the sign at the conclusion of the process. c. Up front costs for this procedure would involve purchase of the materials for the signage (Plywood, posts, hardware, printing and installation). Estimated applicant costs: $550 - $600. This cost estimate does not include the applicant's time for purchasing signage materials. Questions: How many signs of this size are necessary? If the site is large or has several frontages — where should the sign be installed? If the site doesn't have vacant land for installing the sign — such as the Downtown area — should it be physically attached to a building? 2. The City purchase and provide applicants with signage to post. This signage would be generic and advise that an explanation of the pending land use process is available from City staff at a particular phone number (2' x2' size--hard vinyl). a. This will draw attention to the site. The signage will become universally recognized as indicating a pending land use action. b. The signage will need to be returned to the City at the conclusion of the process - staff time will be needed to follow up and it's likely that recovering the signs will be difficult. Recovery of costs for unreturned signs will likely be assigned to collection. This type of sign is moderately difficult to install with any degree of durability. High winds or vandalism are likely to make the signs disappear. There will be extra staff time that would need to be devoted to indexing and fielding questions generated by the signage and to verify the posting. c. Up front costs for this procedure would involve City purchase of signage (vinyl with attached metal post). Estimated City costs are $75 per sign and the City will end up replacing/purchasing 10 — 20 signs per year (loss, wear and tear and vandalism - about $750 to $1500 per year). Questions: Should the City be responsible for verifying that posting the site has occurred? Should the applicant be required to verify that the sign is still standing and readable half-way through the public process? Is 2' X 2' the right size — should it be smaller (less noticeable) or larger (cost more)? Is the yearly expense acceptable as a recurring cost—or should application fees cover the additional expense? 3. The City purchase and provide applicants with signage to post. This signage would contain a pre-recorded 24 hour phone number that people could call to hear particulars about the pending land use action (2' x 2' size—hard vinyl). The applicant would sign an affidavit acknowledging the posting of the site. a. This will draw attention to the site. The signage will be recognized as indicating a land use action. Information about the pending action would be available all the time and would likely reduce the volume of calls to City staff. Since the applicant would swear to posting through the affidavit— staff time would not be required to verify the posting. b. The signage will need to be returned to the City at the conclusion of the process - staff time will be needed to follow up and it's likely that recovering the signs will be difficult. Recovery of costs for unreturned signs will likely be assigned to collection. This type of sign is moderately difficult to install with any degree of durability. High winds or vandalism are likely to make the signs disappear. There will be extra staff time that would need to be devoted to indexing the signage. Staff time will also be required for preparing, recording and then deleting the pre- recorded message. A special phone link would be used on the City's telephone system, and first analysis indicates that this is possible without additional hardware costs. c. Up front costs for this procedure would involve City purchase of signage (vinyl with attached metal post). Estimated City costs are $75 per sign and the City will end up replacing/purchasing 10 — 20 signs per year (loss, wear and tear, vandalism - $750 to $1500). Questions: Is Council comfortable with an affidavit from the applicant that verifies posting the site? Is a prerecorded message about the pending land use action adequate? Should the prerecorded messages or the signage be provided in two languages? Should the applicant be required to return the signage prior to final city action on the land use request? Consideration should be given to eliminate the requirement for legal notice publication in the Tri-City Herald. The signage requirements could replace the current practice of advertising in the Tri-City Herald. The effectiveness of the legal advertisements in the Herald can't be measured, but it's commonly understood that few lay people read the legal classified ads placed in the newspaper. AGENDA REPORT FOR: City Council Date: April 9, 2009 TO: Gary Crutchfi$`P6 Manacer Workshop Mtg.: April 13, 2009 FROM: Denis Austin, Chief of Polic Regular Mtg.: April 20, 2009 SUBJECT: 2009 Justice Assistance Grant I. REFERENCE: II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 04/13: Discussion 04/20: CONDUCT A PUBLIC HEARING MOTION: I move to authorize the application for 2009 Recovery Act: Justice Assistance Grant funding to purchase 800 MHz radios and firearms for the police department and to pay $10,417 to the Franklin County Prosecutor's equipment purchase fund. III. FISCAL IMPACT: City Funds—No required match for Federal funds Federal Funds— $92,164 City of Pasco Award $10,4.17 Franklin County Award $102,581 Total Award IV. HISTORY AND FACTS BRIEF: A) The Pasco Police Department is requesting permission to apply for $102,581 from the 2009 Recovery Act: Justice Assistance Grant (JAG) funding to purchase 800 MHz radios and firearms. The grant is a joint award for the City of Pasco and Franklin County. The Franklin County Prosecutor and Sheriff have indicated a desire to have the City administer the grant funding. The 2009 Recovery Act: JAG funding will enhance the department's participation in the Tri-Cities Regional SWAT team by replacing the loaner radios used by our team members and providing 800 MHz radios to our field supervisors and division captains. The department proposes to also replace all police duty pistols. The pistols are over seven years old and starting to experience part failures at an increasing rate. These expenditures and the required accessories would account for the $92,164 award to the City. B) The Franklin County Prosecutor's Office and the Sheriff's Office have agreed that the $10,417 award to the County would be used to help purchase a software link between the FLEADS records management system and the case management system used by the Prosecutor's Office. C) This particular Federal grant opportunity requires the conduct of a public hearing to receive public input on the proposed uses for the grant. Following conduct of the hearing, the City Council can make the final determination regarding use of the grant funding. 4(f)