HomeMy WebLinkAbout2009.11.30 Council Workshop Packet AGENDA
PASCO CITY COUNCIL
Workshop Meeting 7:00 p.m. November 30,2009
1. CALL TO ORDER
2. ROLL CALL:
(a) Pledge of Allegiance.
3. VERBAL REPORTS FROM COUNCILMEMBERS:
4. ITEMS FOR DISCUSSION:
(a) Broadmoor Concept Plan(City of Pasco) (MF#CPA09-001):
1. Agenda Report from David 1. McDonald, City Planner dated November 23,2009.
2. Vicinity Map.
3. Proposed Broadmoor Concept Plan (Council packets only; copies available for public
review in the Planning office, the Pasco Library or on the city's wcbpa.ge at
]iUp://www.pasco-wa.2ov/genetalinfo/citycouncilreports).
4. Staff memo to the Planning Commission.
5. Planning Commission Minutes dated 10/15/09.
(b) Sewer Replacement Program:
1. Agenda Report from Michael McShane,City Engineer dated November 24, 2009.
2. Vicinity Map.
(c) PUD Easement on City Well Site(MF#INF009-112):
1. Agenda Report from David 1.McDonald, City Planner dated November 23, 2009.
2. Vicinity Map.
1 PUD Easement.
4. PUD Power Line Map.
(d) Real Estate Excise Tax:
1. Agenda Report from Stan Strebel,Deputy City Manager dated November 18, 2009,
2. Proposed Ordinance.
(e) Hanford Communities Interlocal Agreement:
1. Agenda Report from Gary Crutchfield, City Manager dated November 24,2009.
2. Proposed Interlocal Agreement.
(f) Personnel Administration Amendments to City Code:
1. Agenda Report from Stan Strebel,Deputy City Manager dated November 18, 2009.
2. Proposed Ordinance.
5. OTHER ITEMS FOR DISCUSSION:
(a)
(b)
(c)
6. EXECUTIVE SESSION:
(a)
(b)
(c)
7. ADJOURNMENT
REMINDERS:
1. 12:00 p.m., Wednesday, December 2, 2601 N. Capitol Avenue- Franklin County Mosquito Control
District Meeting. (COUNCILMEMBER BOB HOFFMANN,Rep.; AL YENNEY, Alt.)
2_ 4:30 p.m,.Wednesday, December 2, 6415 Burden Blvd, #B-Grand Opening Celebration for Jewel's
Dance Boutique. (MAYOR PRO-TEM MATT WATKINS)
3. 5:30 p.m., Thursday, December 3, Parks & Rec. Classroom-Parks & Recreation Advisory Council
Meeting. (COUNCILMEMBER REBECCA FRANCIK, Rep.; MIKE GARRISON, Alt.)
4. 5:30 p.m., Thursday, December 3, 710 W. Court Street - Benton Franklin. Community Action
Committee Meeting. (COUNCILMEMBER AL YENNEY,Rep.; REBECCA FRANCIK,Alt.)
AGENDA REPORT
FOR: City Council November 23,2009
TO: Gary Crutchfie "t`anager Wo�shop Mtg.: 11%30109
Rick White, Di : 7munity and Economic Development 1�
FROM: David 1. McDonald, City Planner 1"
SUBJECT: Broadmoor Concept Plan(City of Pasco) (MF# P 09-001
1. REFERENCE(S):
1. Vicinity Map
2. Proposed Broadmoor Concept Plan*
3. Staff memo to the Planning Commission
4. Planning Commission Minutes dated: 10115109
*(Attachments in Council packets only; copies available for public review in the Planning
Office, the Pasco Library or on the city's webpage at httt)://www.pasco-
wa.gov/generalili o/c i y'courtcilM-sorts).
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
11130: Review and Discussion
III.. FISCAL IMPACT: None
1 V. HISTORY AND FACTS BRIEF:
A) Completion of a marketing and development plan for the Broadmoor area is one of
Council's primary goals for 2008-2009.
B) On October 15, 2009 the Planning Commission held a public hearing to receive public
comment on a Concept Plan for the area of the community often referred to as the
Broadmoor Area. The Broadmoor Area is located west of Broadmoor Boulevard and north
of Harris Road.
C) Following the conduct of a hearing and the receipt of comments from property owners in
the Broadmoor Area, the Planning Commission recontzncnded the City Council adopt the
Broadmoor Concept Plan as a guide for development within the Broadmoor Area.
V. DISCUSSION:
A) Prior to Central Pre-Mix applying for a special permit to locate an asphalt plant north of
Harris Road, the city was working with surrounding property owners on the development
of a detailed sub-area plan for the Broadmoor Area. The Central Pre-Mix application and
concerns expressed by property owners over the specificity of the Broadmoor Plan stopped
its forward movement.
B) Following final action on the asphalt plant application, staff began work again on a sub-
area plan for the Broadmoor Area. Earlier in the year the Planning Commission held a
public workshop to review and discuss the direction of the plan. Property owners were
mailed a copy of the proposed concept plan and invited to a stakeholders meeting in
August. As a result of comments received, the plan was modified slightly prior to the
October hearing.
C) The Concept Plan contains a discussion of existing conditions and identifies the constraints
or issues that will need to be addressed for the area to develop. Development concepts are
also identified along with the idea that the Central Prc-Mix pit could be used for a marina
and river oriented development in the future.
D) The policy statements listed in the plan can be used for guiding future legislative and
administrative decisions on development applications for the area. The policies can also be
used to guide future zoning code amendments that may be necessary to guide site specific
development.
E) If Council concurs with the Planning Commission's recommendation on the proposed
Concept Plan, a Resolution can be prepared for Councils' consideration before the end of
the year.
4(a)
• Item: Broadmoor Concept Plan
Vicinity Applicant: City of Pasco N
Map File #: CPA 09-001
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MEMORANDUM
DATE: October 15, 2009
TO: Planning Commission
FROM: Dave McDonald, City Planner
SUBJECT: Broadmoor Sub-Area Concept Plan
In 2004, city staff and the Planning Commission were assisted by a consultant in a land use and
market study for the 1,000 acres of mostly undeveloped land located west of Broadmoor
Boulevard and north of Harris Road. The study advanced a number of development concepts for
this area and provided four detailed site development schemes for possible future development.
It was about the time the study was being completed that Central Pre-Mix applied for a
modification of their special pen-nit to allow the operation of an asphalt plant. Activities
surrounding the asphalt plant application and the fact that property owners were concerned about
the land use section of the study being overly specific, stopped the forward movement of the study
and plan. Despite the fact property owners were invited to participate in the plan development
process, the high level of detail in the areas of street layout and land use were not supported.
Col}cepts in the plan were never formally adopted by the city.
Much of the growth experienced by the community has occurred west of Road 36 and as a result
there are only a few large undeveloped areas left to accommodate future growth. The most
significant undeveloped area encompasses the undeveloped properties west of Broadmoor
Boulevard. This area is sometimes referred to as the Broadmoor Area.
Staff has prepared a draft sub-area plan for the Broadmoor Area that is less detailed than the 2004
planning effort. The draft plan is more of a conceptual plan rather than a detailed plan and it
identifies development concepts and policy statements that can be used to guide future
development.
The proposed plan was reviewed by the Planning Commission in a workshop during the July
Planning Commission meeting. On August 4th a copy of the draft plan was mailed to property
owners within the boundaries of the study area. The property owners were then invited to attend a
meeting with staff on August 24th for the purpose of providing continents on the plan. From the
feedback received from property owners there was general agreement with the broad concepts in
the proposed plan.
A hearing has been set for the October 15, 2009 Planning Commission meeting to receive public
testimony and make a recommendation to the City Council.
1
Findings of Fact
The following are initial findings drawn from a review of proposed Volume 11.
The Planning Commission may add additional findings to this list as the result
of factual testimony and evidence submitted during the public hearing.
1. Pasco has experienced a rapid rate of growth since 2000.
2. The city's population has increased from 32,066 in 2000 to over 54,000
in 2009.
3. Based on estimates from the Office of Financial Management, Pasco
could grow by another 30,000 people by 2027.
4. Most of the community growth over the last decade has occurred west of
Road 36.
5. Over 3,000 acres of land have been rezoned and approved for
development since 2000.
6. Few large undeveloped tracts remain in west Pasco.
7. The most significant area remaining undeveloped within the city limits is
the Broadmoor Area west of Broadmoor Boulevard and north of Harris
Road.
Recommendation
MOTION for Findings of Fact: l move to adopt the findings of fact and
conclusions as contained in the Broadmoor Sub-Area Plan Concept Plan
staff memo dated October 15, 2009.
MOTION for Recommendation: I move based on the findings of fact
and conclusions therefrom, the Planning Commission recommend the
City Council adopt the Broadmoor Sub-Area Concept Plan as a guide for
future development in the Broadmoor Area_
2
PLANNING COMMISSION MINUTES
10/15/09
A. SUB-AREA PLAN Broadmoor Sub-Area Plan West of Broadmoor
Boulevard and north of Harris Road Wit of
Pasco) IMF# CPA09-0011
Chairman Samuel read the master file number and asked for comments from
staff.
Staff explained that several months ago the Planning Commission held a
workshop to review a draft of the Broadmoor Sub-Area Concept Plan. Staff
discussed the significant growth that has occurred in the community over the
last 10 years and explained very few areas were left to be developed. The major
area left to develop is the Broadmoor Area west of Broadmoor Boulevard and
north of Harris Road.
Following the earlier workshop staff explained property owners within the
Broadmoor Area were mailed a copy of the draft plan and invited to a meeting to
provide input on the Plan. Two letters were received in response to the draft
Plan and representatives of two major property owners attended the meeting.
As a result of property owner comments a few minor changes were made fo the
Plan.
Staff then reviewed the contents of the Plan for the benefit of the Planning
Commission. The Plan contains a discussion on existing conditions, an
explanation of development constraints, development concepts, a land use
concept map, a zoning concept map and policy statements to guide future
growth.
Chairman Samuel asked how or where the gravel pit would grow in the next 17
plus years.
Staff explained the mineral designation area in the plan identifies most of the
area that can be mined for gravel although Central Pre Mix has a lease on some
additional lands.
Chairman Samuel asked if the gravel would be mined out by the year 2028 and
what would happen at that point in time.
Staff explained that it would depend on the pace of construction in the region
whether or not the gravel would be mined out. If it was not mined out, Central
Pre- Mix would have the option of applying for a new special permit.
Chairman Samuel asked if there had been much interaction between developers
and staff over development in the study area.
Staff stated there has not been a lot of interaction. Most of the inquiries have
been from developers that want to develop a few acres. The owner of most of the
land in the area has not been interested in doing small piece meal development
projects.
Commissioner Little asked if the plan addressed the size of lots and the type of
houses that could be built.
Staff stated the plan does not. The Plan provides guidance on where residential
development should be located. Lot sizes are established during the zoning and
subdivision process.
Chairman Samuel opened the hearing for public comment.
Dirk Stricker, 3104 S. Morain Place, Kennewick stated he was present on behalf
of Dale Adams, the owner of a large portion of the study area. Mr. Stricker
stated he met with staff in August and they are in general agreement with the
broad approach of the plan.
Max Burns, 7872 Byers Road, stated his family was in favor of the Plan. Mr.
Burns wanted to see Dent Road extended to Broadmoor Boulevard to relieve
traffic on Harris Road.
Craig Mayfield, Central Pre-Mix, 3911 S. Dennis, Kennewick, stated he thought
the concept was good but the lack of participation by the property owners was
not good. Mr. Mayfield stated Central Pre-Mix was willing to participate but,
they need to coexist with the City.
Mr. Mayfield also explained that the pace of construction in the area will dictate
how much excavation occurs in the gravel pit, Mr. Mayfield explained that the
aggregate in this area is some of the most valuable aggregate in the northwest
and a lot of it is under other properties to the west of the pit,
Dave Wilson, 10723 W. Court Street, was at the August meeting and was
generally in favor of the Plan.
Bart Gallant, 12905 Shoreline Road, was generally in favor of the concept. His
overriding concern was that the area should develop in a large scale manner
rather than being cut up into small developments that may ruin the long term
development.
Following additional comments from Craig Mayfield about the importance of
working together the Chairman closed the hearing.
Mr. Anderson stated he would like to hear from the other property owners about
public participation before sending the matter on to the City Council.
Commissioner Rose expressed concern about how the area could be developed
in the midst of the gravel mining activity.
Chairman Samuel reopened the hearing to ask property owners whether or not
they felt additional meetings would be needed on the Plan before it was passed
on to the City Council.
Max Burns stated he thought things were headed in the right direction. He was
not opposed to having additional meetings.
Chairman Samuel asked those present if they wanted to have additional input
before the plan goes forward.
Dave Wilson stated the plan had a lot of flexibility. The problem with the
previous plan was the fact property owners did not have a lot of input. Mr.
Wilson stated he could see additional meeting as things move forward. He
agreed that his property would develop for residential uses and that is why he
agreed with the plan. Mr. Wilson stated the plan has enough detail and is
general enough to go forward to the City Council.
Bart Gallant stated the conceptual framework is sufficient at this time. His main
concern Aras that the area should not be developed in a piece meal fashion. He
thought the current plan has enough detail to go forward to the City Council.
Dirk Stricker concurred there was enough information in the Plan to go forward
and take it to the City Council.
Craig Mayfield stated the process forward will have to include Central Pre-Mix,
DNR and the City of Pasco.
Rick White, Community & Economic Development Director, stated that when
staff began this project they knew there were significant challenges. The plan
was purposefully done in a broad brush fashion to identify land uses and a road
network so the community could start looking ahead for future public funding
and investment for infrastructure needs.
Chairman Samuel stated what he heard in the hearing was the property owners
would like to work more closely with the city in the future but, there was enough
detail to go forward to the City Council.
Chairman Samuel closed the hearing.
Commissioner Little moved, seconded by Commissioner Kempf, to adopt the
Findings of Fact, as contained in the Broadmoor Sub-Area Concept Plan staff
memo dated October 15, 2009. The motion passed unanimously.
Commissioner Little moved, seconded by Commissioner Kempf, based on the
Findings to Fact the Planning commission recommend the City Council adopt
the Broadmoor Sub-Area Concept Plan as a guide for future development in the
Broadmoor Areas. The motion passed unanimously.
AGENDA REPORT NO. 40
FOR: City Council Nov 24, 2009
TO: Gary Crutehfi Manager
Robert J. Albe-ts;Pi lie Works Director
G
FROM: Michael McS ity Engineer Workshop Mtg.: 11/30/09
SUBJECT: Sewer Replacement Program
I. REFERENCE(S):
1 . Vicinity Map
1I. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS:
11130: Discussion
111. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
A) The sewer replacement program began in 1997 as part of the Capital Improvement
Plan. The City has been using cured in place pipe (lining) as the preferred method
of system rehabilitation since 2005. The Capital Improvement Plan calls for
$500,000 a year to be spent on Sewer Line replacement (lining) through 2014.
B) During the regular meeting of November 2, 2009, Council requested more
detailed information on the future of the program.
V. DISCUSSION:
A) The sewer replacement program was started to address issues inherent to older
sewer systems such as cracked or broken pipes, failing pipe joints and severe root
penetrations.
B) Cured in Place Pipe, also known as pipe lining, was selected as the preferred
method of rehabilitation due to its low cost of installation and to minimize
impacts to the public during construction.
C) To date the City has installed approximately 49,800 linear feet of lining. Another
12,900 linear feet is scheduled to be installed with the 2009 Sewer Lining Project
awarded this year. Approximately 60,000 linear feet of additional pipe will be
rehabilitated with lining from 2010 through 2014.
4(b)
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AGENDA REPORT
FOR: City Council November 23, 2009
TO: Gary Crutchfield anager Workshop Mtg.: 11/30/09
Rick White, Regular Mtg.: 12/7/09
Comi-nunity& Ec nomic Development Director
FROM: David I. McDonald, City Planner
SUBJECT: PUD Easement on City Well Site (MF# INFO09-112)
I. REFERENCE(S):
I. Vicinity Map
2. PUD Easement
3. PUD Power Line Map
II. ACTION REQUESTED OF COUNC.U,/ STAFF RECONLM ENDATIONS:
11130: Discussion:
1217: MO'T'ION: I move to authorize the City Manager to sign the document granting
the Franklin County 'PUD an easement across the city's well site in
the southeast quarter of Section 15, Township 9 North, Range 29
Fast WM.
111. FISCAL IMPACT:
NONE
IV. HISTORY AND FACTS BRIEF:
A) Due to increased electrical demand north of 1-182 and east of Road 68, the PUD
needs to extetad two new feeder lines north of the freeway from the Road 52 and
Argent substation. The conduits for the freeway crossing are currently in place
and terminate on the city-owned irrigation well site on the opposite side of the
freeway from the substation. An easement is needed to cross the city well site for
the feeder lines to be extended north to Burden Boulevard and east to Road 44.
B) The proposed 15-foot wide casement will extend along the southern and eastern
edges of the well site.
C) Extension of the easement north of the city's well site will occur through the
platting process for Linda Loviisa, or by the PUD obtaining an easement directly
from AHO Construction.
D) The proposed easement has been reviewed by the Public Works Department and
will not impact the city's use of the irrigation well site.
4(c)
Item: PUD Easement t
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PUBLIC UTILITY DISTRICT NO. 1 OF FRANKLIN COUNTY
Post Office Box 2407 Pasco, Washington 99302
RIGHT OF WAY EASEMENT
THE GRANTORS CITY OF PASCO, a Municipal Corporation for good and valuable consideration, the
receipt of which is hereby acknowledged, hereby grant(s)to PUBLIC UTILITY DISTRICT NO. 1 of Franklin
County, Washington, a municipal corporation, and to its successors or assigns, the right to enter upon the
lands of Grantor(s) situated in the County of Franklin, State of Washington, and more particularly
described as follows:
A 15-foot wide underground powerline easement, of which is more particularly described
as follows:
The south 15 feet of the east 100 feet parallel to Interstate 1-182 and the west 15 feet
parallel to the East property line of Parcel 117480-100. Section 15, Township 9N, Range
29E, WM, in Franklin County, Washington.
and to construct, operate and maintain under and upon the above described lands and the streets, roads,
or highways abutting the said lands electrical facilities and other utility facilities, including but not limited to
fiber optics and telecommunications facilities with all convenient or necessary appurtenances (including,
but not limited to, transformers), and to cut and trim trees and shrubbery that may interfere with or
threaten to endanger the operation and maintenance of said line or system.
The grantor(s) agree(s) that all facilities installed under and upon the above described lands at the
grantee's expense shall remain the property of the grantee, and that the grantee shall have the right of
ingress and egress over the adjacent lands of the grantor(s)for the purpose of exercising all rights hereby
granted.
All rights hereunder shall cease when the grantee, its successors or assigns, abandons or removes said
line or system.
Grantee shall not be liable for any damages caused to Grantor's property by actions reasonably taken by
Grantee in the exercise of the rights herein granted.
Dated this day of , 2009.
(Gary Crutchfield)
STATE OF WASHINGTON )
)SS. ACKNOWLEDGMENT OF CORPORATION
County of Franklin )
On this day of , 2009, 1 certify that I know or have satisfactory evidence that
Gary Crutchfield personally appeared before me, and said individuals
acknowledged that they signed this instrument and on oath stated that they are authorized to execute
the instrument and acknowledged it as the City Mana4er of CITY OF PASCO. the corporation that
executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary
act and deed of said corporation, for the uses and purposes therein mentioned in the instrument.
IN TESTIMONY WHEREOF: I have hereunto set my hand and Notarial Seal the day and year in this
certificate above written.
Notary Public
in and for the State of Washington residing at Pasco
My appointment expires
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AGENDA REPORT
FOR: City Council November 18, 2009
TO: Gary Crutchfiel anager Workshop Mtg.: 11/30/09
Regular Mtg.: 12/7/09
FROM: Stan Strebel, Deputy City Manage-.
SUBJECT: Real Estate Excise Tax
I. REFERENCE(S):
1. Proposed Ordinance
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
11130: Discussion
1217: MOTION: I move to adopt Ordinance No. imposing an additional
excise tax of one-quarter of one percent on the sale of real property
and amending Chapter 3.06 of the Pasco Municipal code and,
further, authorize publication by summary only.
III. FISCAL IMPACT:
Estimate for 2010 - $400,000 for Capital Improvements Fund
IV. HISTORY AND FACTS BRIEF:
A) Washington cities and counties are authorized to impose a one-quarter of one
percent excise tax on the sale of real property within their jurisdictions. The City
has imposed this tax since 1986.
B) Additionally, cities and counties required to plan under the state's Growth
Management Act are authorized to levy a second one-quarter percent tax.
Franklin County and the cities of Kennewick and Richland impose the second
quarter percent tax.
C) Proceeds from each quarter percent of the tax must be used only for capital
improvements as shown in the City's Capital Improvements Plan and in
accordance with law. (The use of proceeds from the second quarter percent tax is
somewhat more restricted than for the first.)
D) Staff recommends imposition of the additional tax as authorized by statute, thus
reducing the demands on the general fund for capital projects. As the law requires
60-days notice to the County Treasurer prior to the effective date of the tax, an
effective date of March 1, 2010 is suggested.
4(d)
ORDINANCE NO.
AN ORDINANCE of the City of Pasco, Washington, imposing an
additional excise tax on each sale of real property in the corporate limits of
the City of Pasco at a rate of one-quarter of one percent of the selling price
and amending Chapter 3.06 of the Pasco Municipal Code.
WHEREAS, pursuant to RCW 82.46.010 the City of Pasco imposes an excise tax on
each sale of real property in the corporate limits of the City at a rate not exceeding one-quarter of
one percent of the selling price; and
WHEREAS, Franklin County and neighboring cities in the area impose an excise tax on
each sale of real property at the rate of one-half of one percent, and
WHEREAS, the City Council, after study and deliberation has concluded that the growth
of the City and the number of capital improvement projects in the City's Capital Improvement
Plan, requires the City to impose the additional one-quarter of one percent tax in order to
continue the provision of necessary City services; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHING'T'ON, DO ORDAIN
AS FOLLOWS:
Section 1. The City of Pasco, pursuant to RCW 82.46.035, hereby imposes an
additional excise tax on each sale of real property in the corporate limits of the City at a rate of
one-quarter of one-percent of the selling price, which tax shall be codified in the Pasco
Municipal Code under Chapter 3.06, and that Chapter 3.06 is hereby amended to read as follows:
CHAPTER 3.06 REAL ESTATE EXCISE TAXES
Sections:
3.06.010 ESTABLISHMENT OF REAL ESTATE EXCISE TAX, USE OF PROCEEDS
3.06.015 ESTABLISHMENT OF ADDITIONAL REAL ESTATE EXCISE TAX, USE
OF PROCEEDS
3.06.020 COLLECTION OF TAXES
3.06.030 RULES, REGULATIONS, LAWS AND COURT DECISIONS
3.06.050 FUND CREATED
n 060 r 4�r OF rT rND-F
3.06.010 ESTABLISHMENT OF REAL ESTATE EXCISE TAX. There is established
and imposed an excise tax on each sale of real property in the corporate limits of the City at a
rate of one-quarter of one percent of the selling price. (OrA-? , , Proceeds from
the tax imposed by this Section shall be used only for local improvements, includim4 those listed
in RCW 35.43.040,
3.06.015 ESTABLISHMENT OF ADDITIONAL REAL ESTATE EXCISE TAX.
Effective March 1 2010 in accordance with RCW 82.46.035 and in addition to the excise tax
on each sale of real property in the corporate limits of the City as imposed by ection 3 06 010
there is hereby imposed an additional excise tax on each sale of real property located within the
co orate limits of the City of Pasco at the rate of one-quarter of one percent of the selling rice.
Proceeds from the additional tax shall be expended as authorized by law under RCW
82.46.035(5) solely for public works projects of the City for planning, acquisition, constructions
reconstruction, repair, replacement rehabilitation, or improvement of streets, roads, highway
sidewalks, street and road light systems, traffic signals, brUzes, domestic water systems storm
and sanitary sewer systems, and planning, construction, reconstruction, repair, rehabilitation or
improvement cf parks.
3.06.020 COLLECTION OF TAXES. Taxes imposed under this Chapter shall be
collected from persons who are taxable by the State of Washington under Chapter 82.45 RCW
upon the occurrence of any taxable event within the corporate limits of the City. (Ord.. 2594 Sec.
1, 1986.)
3.06.030 RULES, REGULATIONS, LAWS AND COURT DECISIONS. The taxes
imposed under this Chapter shall comply with all applicable rules, regulations, laws and court
decisions regarding real estate excise taxes as imposed by the State of Washington under Chapter
82.45 RCW. (Ord. 2594 Sec. 1, 1986.)
3.06.040 REFERENDUM PET1TION. Repealed. (Ord. 3557 Sec. 15, 2002; Ord. 2594
Sec. 1, 1986.)
3.06.050 FUND CREATED. There is created a special accounting fund to be known as
the "CAPITAL IMPROVEMENTS FUND" into which fund there shall be placed all proceeds
received from the County Treasurer from the City of Pasco one q,i-- : of one p r en.w real estate
excise taxes. ( 1 "i,S See,,!5, '��?2.; Separate accounting for the taxes imposed by Section
3.06.010 and 3.06.015 shall be maintained within the Capital Improvement Fund.
3.06.060 U 9 Or- FJ rn rr
-3543: 04 3=557 Sae- 17, 2(
Section 2. The City Clerk is directed to provide notice of the adoption of this
ordinance to the Franklin County Treasurer at least sixty (60) days prior to its effective date as
required by RCW 82.46.080.
PASSED by the City Council of the City of Pasco, Washington, and approved to be
effective March 1, 2010, this day of , 2009.
Joyce Olson
Mayor
ATTEST: APPROVED AS TO FORM:
Debra L. Clark Leland B. Kerr
City Clerk City Attorney
Ordinance Amending Chapter 3.06
Page 2
AGENDA REPORT
TO: City Council November 24, 2009
FROM: Gary Crutchfi y Manager Workshop Mtg.: 11/30/09
Regular Mtg.: 1217/09
SUBJECT: Hanford Com
nit
Interlocal Agreement
1. REFERENCE(S):
1. Proposed Interlocal Agreement
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
11130: Discussion
1217: MOTION: 1 move to approve the Hanford Communities Inteflocal Agreement
and, further, authorize the Mayor to sign the Agreement.
11:1, FISCAL UViPACT:
Approximately$12,000 annually,
IV. HISTORY AND FACTS BRIEF:
A) The Cities of Pasco, Kennewick, Richland and West Richland, along with Benton
County, have operated what is known as the Hanford Communities organization
for most of the past 15 years. The purpose of the organization is to provide a
forum for local government monitoring of aetivities at the Hanford site as they
might affect a wide variety of community issues (emergency services, economy,
health and safety, etc.). Through the Interlocal and operating contract, the entities
employ the services of an individual specifically assigned to monitor Hanford
activities and brief member representatives on a continuing basis. The effort has
proven quite valuable to the member jurisdictions in terms of being cognizant of
site activities and their anticipated effects on the community; likewise, that
awareness has permitted the local jurisdictions to exert greater influence on
Hanford site activities than the cities were able to prior to that time.
V. DISCUSSION:
A) The only notable change in the proposed agreement is the funding formula. The
prior agreement allotted shares based on the estimated proportion of Hanford
workers residing in each participating _jurisdiction. Given the relative equity in
respective population and the growth in Pasco's proportion of residents employed
at Hanford, the formula will now be based on official population every year (as
some other agreements). Thus, Pasco's cost will increase from about $6,500 to
$1200 in 2010.
B) The ability to monitor Hanford site activities and the improved ability to influence
those activities are well worth the relatively modest expense (assigning one-half
FTE would cost much more). The organization functions well and has proven to
be effective; thus, staff recommends the agreement be extended.
C) The revised Interlocal agreement will expire December 31, 2014 (a five-year
terns); but any jurisdiction may withdraw prior to that time.
4(e)
AN INTERLOCAL COOPERATION AGREEMENT BETWEEN ELIGIBLE LOCAL
GOVERNMENTS TO REVIEW, EVALUATE, AND MONITOR CONDITIONS AND
OPERATIONS AT THE HANFORD NUCLEAR RESERVATION (HANFORD)
THAT DIRECTLY AFFECT THESE
"HANFORD COMMUNITIES"
This INTERLOCAL AGREEMENT effective the 18t day of January,
2010, by and between the City of Richland, City of Kennewick, City of
Pasco, City of West Richland, and Benton and Franklin Counties
(hereinafter referred to as "Participating Jurisdictions") enter into this
Agreement.
WHEREAS, the Interlocal Cooperation Act, RCW 39.34 allows public agencies
to make the most efficient use of their powers by enabling them to cooperate with each
other on the basis of mutual advantage to provide services and facilities that will best
meet the needs of each community; and
WHEREAS, environmental contamination at Hanford and the U, S. Department
of Energy's consequential environmental remediation and waste management activities
impose numerous health, safety, and socio-economic impacts on the well-being of the
residents of Richland, Kennewick, Pasco, West Richland, and unincorporated portions
of Benton and Franklin Counties; and
WHEREAS, the vast majority of those who work at Hanford live in and around
the Cities of Richland, Kennewick, Pasco, and West Richland; and the counties therein;
and
WHEREAS, although each jurisdiction fully reserves the right to pursue its own
interests with regard to Hanford, through joint utilization of personnel and other
resources these jurisdictions are desirous of entering into a program to review, evaluate
and monitor conditions at Hanford and policies, programs and operations of the
Department of Energy (DOE) and others in regard to Hanford,
NOW THEREFORE, in consideration of the mutual covenants contained herein,
it is agreed in accordance with the provisions of RCW 39.34.030 as follows:
I. PURPOSE
The purpose of this Agreement is to make available jointly to the Participating
Jurisdictions technical, analytical, and other resources to review, evaluate and monitor
conditions at Hanford such as cleanup, workforce and community transition.
Information will also be made available regarding policies, programs and operations of
the DOE and others with regard to Hanford, and to enhance citizen understanding of
Hanford Communities
Interlocal Agreement Page 2
such. To that end, the Participating Jurisdictions establish this Interlocai Cooperation
Agreement creating an organization to be known as the "HANFORD COMMUNITIES"
to:
1. Coordinate efforts concerning Hanford activities and issues requiring local
government interaction or participation between the Hanford
Communities, the DOE, local, state, and national agencies;
2. Interact with the DOE, the Washington State Department of Ecology, the
U. S. Environmental Protection Agency, and others regarding Hanford
environmental contamination, remediation, waste management, response
to emergencies, and work force and site transition issues;
3. Evaluate reports, findings, and recommendations regarding ongoing,
planned and possible cleanup and waste management activities at
Hanford, including actual or potential environmental and socio-economic
impacts on the Hanford Communities or individual Participating
Jurisdictions;
4. Prepare special studies, assessments, surveys, and related efforts
regarding Hanford for the use of the Hanford Communities or individual
Participating Jurisdictions and/or to further public information and enhance
citizen understanding of Hanford-related issues; and
5. Prepare and issue position papers, give testimony, and sponsor other
activities designed to inform the public about environmental, waste
management, emergency management, and site transition activities; and
6. Prepare and present issue papers and sponsor activities in support of
workforce and community transition issues.
11. ORGANIZATION
A. Eligibility: Full membership in the Hanford Communities Interlocal is limited to
the cities of Richland, Kennewick, Pasco, West Richland and Benton and
Franklin Counties.
Affiliate memberships are open to local government entities other than general
purpose governments. Affiliate members will not have voting seats on the
Governing or Administrative Boards
B. Governing Board: The governing bodies of each Participating Jurisdiction shall
identify one (1) elected legislative representative from its governing body to the
Governing Board of the Hanford Communities.
Hanford Communlies
Interlocal Agreement Page 3
C. Administrative Board: The chief administrative officers, or designees, of the
Participating Jurisdictions shall constitute the Administrative Board of the
Hanford Communities.
D. Operating Jurisdiction: One of the Participating Jurisdictions shall be
designated as the Operating Jurisdiction and assigned responsibilities for
carrying out the items enumerated in Section I, "Purpose," on behalf of the
Hanford Communities. The Operating Jurisdiction's rules, regulations, and
ordinances, unless otherwise specifically provided for, apply to the Interlocal.
Employees of the Interlocal are employees of the Operating Jurisdiction, which
shall provide all necessary support services. The Operating Jurisdiction shall
administer the Hanford Communities budget, from which authorized program
expenses shall be reimbursed. The Operating Jurisdiction shall provide these
reimbursed services at no administrative charge to the Interlocal.
E. Officers: There shall be a Chairperson and Vice-chairperson for the Governing
Board and the Administrative Board, respectively. The Chairperson and Vice-
chairperson shall be elected from among the membership of each board to serve
one-year terms effective January 1 of each year.
III, ADMINISTRATION
A. Budget Preparation: The Operating Jurisdiction shall prepare a budget in
accordance with its budget cycle based upon policies adopted by the Governing
Board. The budget shall be approved by the Governing Board of the Hanford
Communities.
B. Funding: Funds necessary to carry out this Agreement shall come from
Participating Jurisdiction assessments and federal, state, and other grants.
Assessments shall be based on a funding formula approved by the Hanford
Communities Governing Board.
C. Meetings: The Governing Board shall meet annually to approve the Hanford
Communities budget and work program for the coming year, and other times as
needed. The Administrative Board will meet as needed, however, in no event
less frequently than quarterly during each calendar year. Meetings of the
Hanford Communities Governing Board shall be subject to the Washington Open
Public Meetings Act.
D. Dispute Resolution: Disputes between or among the Participating
Jurisdictions and affiliated members regarding the breach, interpretation or
enforcement of this Agreement shall be first addressed by the parties in a good
faith effort to resolve the dispute. Any remaining disputes shall be resolved by
binding arbitration in accordance with RCW 7.04A and the Mandatory Rules of
Arbitration.
Hanford Communities
lnterlocal Agreement Page 4
E. Liability:, To the extent any liability exceeds the insurance coverage of the
Operating Jurisdiction, each remaining Participating Jurisdiction shall be jointly
liable for the balance of claim in the same ration as their percentage contribution
is to the annual budget.
IV. DURATION OF THE AGREEMENT
This Agreement shall be effective the 1St day of January 2010 when signed by
the Participating Jurisdictions and shall continue through December 31, 2014. The
term of this Agreement may be extended thereafter with the written approval of the
Participating Jurisdictions.
V. OWNERSHIP OF PROPERTY
All property, real and personal, acquired with Hanford Communities funds to
carry out the purposes of this Agreement shall be the property of the Hanford
Communities. Real and personal property owned by the Operating Jurisdiction and
used to service its contract with the Hanford Communities shall remain the property of
the Operating Jurisdiction. In the event any property becomes surplus or upon partial
or complete termination of this Agreement, property of the Hanford Communities shall
be sold and the proceeds shall be divided between the Participating Jurisdictions in the
same ratio as their percentage of contribution is to the annual budget.
All documents, studies, and issue papers prepared for or on behalf of the
Hanford Communities shall be available to Participating Jurisdictions and affiliates for
all purposes, and shall constitute a public record pursuant to Title 42.5 6 RCW upon its
public citation in connection with any action of Participating Jurisdictions or affiliates.
The Operating Jurisdiction shall serve as the public records officer.
VI. AMENDMENT
The Agreement may be amended upon written approval of the authorized
representatives of the Governing Bodies of a majority of the Participating Jurisdictions.
VII, WITHDRAWAL
A jurisdiction may withdraw from this Agreement effective December 31 of any
year, provided written notice is given to the Administrative Board no later than the
preceding June 30.
2009 , 2009
Mayor John Fox Mayor Thomas C. Moak
City of Richland City of Kennewick
Hanford Communities
Interlocal Agreement Page 5
, 2009 2009
Mayor Joyce Olson Mayor Dale Jackson
City of Pasco City of West Richland
, 2009 _12009
Chairman Max Benitz Jr. Chairman Rick Miller
Benton County Board of Commissioners Franklin County Board of Commissioners
, 2009
Cynthia D. Johnson
Richland City Manager
APPROVED AS TO FORM
October 27, 2009
Thomas O. L.ampson
City Attorney
AGENDA REPORT
FOR: City Council -, November 18, 2009
TO: Gary Crutchfi Manager Workshop Mtg.: 11/30/09
Regular Mtg.: 12/7/09
FROM: Stan Strebel, D •puty City Manaa-fd'
SUBJECT: Personnel Administration Amendments to City Code
I. REFERENCE(S):
1. Proposed Ordinance
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
11130 Discussion
1217 MOTION: I move to adopt Ordinance No. , amending Chapter 2.42 of the
Pasco Municipal Code and, further, authorize publication by
summary only.
III. FISCAL IMPACT:
NIA
IV. HISTORY AND FACTS BRIEF:
A) Chapter 2.42 of the Pasco Municipal Code sets forth the basic rules and benefits
applicable to city employees. Many of the provisions of the chapter have been in
place in excess of thirty years. As the technologies for processing payroll and
employee timeshects have changed over time, staff has identified ideas where the
code and current practice are not consistent. bi the cases identified in the attached
proposed ordinance, staff recommends amendment to the code as current practice
is more reasonable and in line with the market.
V. DISCUSSION:
A) It is proposed to revise some definitions and terms to make them more consistent
with other documents and current terminology (regular vs. permanent employee,
division manager as opposed to division head).
B) It is proposed to update the section on employee grievances to be consistent with
state law and current administration practice(Section 2.42.160).
C) It is proposed to strike the limit on the minimum amount of vacation time that can
he utilized to be more consistent with current practice and the requests of
employees (Section 2.42.190).
D) it is proposed to amend the section dealing with leave appeals to be consistent
with current practice.
E) It is proposed to amend the code to provide for the accrual of vacation and sick
leave benefits beginning at day one for new employees, as the technology now
supports this practice more readily and it is more consistent (Section 2.42.350).
F) It is proposed to add the completion of time sheets to the rules that are set by
Administrative Order as per current practice(Section 142.420).
G) Staff recommends adoption of the ordinance.
4(f)
ORDINANCE NO.
AN ORDINANCE amending various Sections of Chapter 2.42 "Personnel" of the
Pasco Municipal Code.
WHEREAS, amendments to certain sections of Chapter 2.42 of the Pasco Municipal
Code are necessary to assure consistency with policy and practice; NOW,THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. That Section 2.42.030 entitled "Definitions", subsections I) and L), of the
Pasco Municipal Code shall be and hereby is amended and shall read as follows:
2.41030 DEFTNITION S. The following words and phrases, when used in this
chapter shall have the meanings ascribed to them below:
(I) "Probationary employee" means any employee who is serving his/her
probationary period of six months of continuous service prior to being pet �tcl
a posifien gppointed as a rep-ular employee of the Ciiir;
(L) "Regular employee" means any employee in the classified city service
who has been permanentl} appointed after serving a probationary period to a position established
by appropriate legislative action and normally involving continuous year-round service; (Ord.
2024 Sec. 4, 1979; Ord. 1959 Sec 1. 1971; Ord, 1306 Sec. 3-20, 1968.)
Section 2. That Section 2.42.160 entitled "Employee Grievances or Complaints of
Statement of Policy" shall be and hereby is amended and shall read as follows:
2.42.160 EMPLOYEE GRIEVANCES OR COMPLAINTS STATEMENT OF
POLICY. It shall be the policy of the City to adjust grievances of employees promptly and
fairly within the framework of existing laws and regulations.
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grievances or complaints shall be dealt with pursuant to collective bargaining agreements. as
applicable. or according to administrative order as issued by the City Manager. (Ord. 1306 Sec.
33, 1968.)
Section 3. That Section 2.42.180 entitled "Vacation Credit" of the Pasco Municipal
Code shall be and hereby is amended and shall read as follows:
2.42.180 VACATION CREDIT. All. employees except employees covered by
collective bargaining agreements, department heads, division heads managers, and the City
Manager, shall receive credit subsequent to pefmanen re ular appointment at the rate of one
work day for each month of continuous service starting from the date of their probationary
employment. After entering the sixth year of continuous service each employee shall earn
vacation credit at the rate of one and one-fourth days per month. After entering the tenth year of
continuous service each employee shall earn vacation credit at the rate of one and one-half days
per month. After entering the fifteenth year of continuous service, each employee shall earn
vacation credit at the rate of one and seven-tenths days per month. Each employee after entering
the tenth year of continuous employment may convert up to five (5) days accrued vacation to
cash in December of each year, provided the employee has maintained satisfactory work
performance as shown on his last performance evaluation and has used at least ten vacation days
during the calendar year in which the cash-out is taken. (Ord. 3046 Sec, 1, 1994; Ord, 2950 Sec.
1, 1993; Ord, 2941 2680 Sec. 1, 1988; Ord. 1458 See. 2, 1971; Ord. 1306 Sec. 35, 1968.)
Section 4. That Section 2.42,190 entitled "Vacation Schedules" of the Pasco
Municipal Code shall be and hereby is amended and shall read as follows:
2.42.190 VACATION SCHEDULES. Vacations shall be scheduled by department
heads at times when they will constitute minimum conflicts with work schedules. Vacations will
normally be taken in periods of one week's duration. r t`., is tk& r,..inint °M r at
ay be t°'-°„. (Ord. 2487 Sec. 1, 1984; Ord. 1306 Sec. 36, 1968.)
Section 5. That Section 2.42.240 entitled "City Manager, Department Heads and
Division Heads Vacation — Accumulation" of the Pasco Municipal Code shall be and hereby is
amended and shall read as follows:
2.42.240 CITY MANAGED, DEPARTMENT HEADS AND DIVISION 149A S
MANAGERS VACATION—ACCUMULATION.
(A) The City Manager and Department Heads shall accumulate vacation leave
at the rate of two workdays per month.
(B) Division Heads Managers shall accumulate vacation leave at the rate of
one and three-quarter days per month.
(C) The City Manager, Department Heads and Division Heads Managers in
their discretion may convert up to five (5) days accrued vacation to cash in December each year,
provided any such employee requesting conversion has maintained a satisfactory work
perfon-nance and has taken at least ten (10) days vacation leave during the calendar year. (Ord.
2680 Sec. 2, 1988; Ord. 2590 Sec. 1, 1986; Ord. 1428 Sec. 1, 1970; Ord. 1306 Sec. 41, 1968.)
Section 6. That Section 2.42.270 entitled (Granting Vacation or Sick Leave —
Appeal"of the Pasco Municipal Code shall be and hereby is amended and shall read as follows:
2.42.270 GRANTING VACATION OR SICK LEAVE — APPEAL. The granting
of sick leave and vacation allewane leave shall be at the discretion of each department head,
provided, however, that the employee shall have the right to appeal to the City mil Manager
in the event of a denial. Each Department Head shall make such reports and keep such records
as the City Ceianeil Manager requires. (Prior code Sec. 2-2.20.)
Section 7. That Section 2.42.350 entitled "New Employees — Employee Benefits" of
the Pasco Municipal Code shall be and hereby is amended and shall read as follows:
2.42.350 NEW EMPLOYEES — EMPLOYEE BENEFITS. New employees
beginning work for the City pEief:46-ati4aitM e� ee9th of the R±8fith. fit Shall eaffi VaeEAi
and smek first of!he City
itio a tiM ty}S Bnni4
east of sus manih shall earn vacation and sick leave credits beginning with the
f rst day of emplo)�ment at rates established by the City or by collective bargaining, agreements.
{Ord. 1458 Sec. 7, 1971; Ord. 1306 Sec. 49, 1968.)
Section 8. That Section 2.42.420 entitled "Pay Periods" of the Pasco Municipal Code
shall be and hereby is amended and shall read as follows:
2.42.420 PAY PERIODS AND TIME SHEETS. Pay periods, pay days, and the
cut-off date for all pay periods, and proper Qoxnplction of time sheets shall be set by the City
Manager through administrative order.
Section 9. This Ordinance shall take full force and effcct five (5) days after its
approval, passage and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, and approved as
provided by law the day of , 2009.
Joyce Olson
Mayor
ATTEST: APPROVED AS TO FORM:
Debra L. Clark Leland B. Kerr
Citv Clerk City Attorney