HomeMy WebLinkAbout2012.06.25 Council Workshop PacketAGENDA
PASCO CITY COUNCIL
Workshop Meeting 7:00 p.m.
1. CALL TO ORDER
2. ROLL CALL:
(a) Pledge of Allegiance.
3. VERBAL REPORTS FROM COUNCILMEMBERS:
4. ITEMS FOR DISCUSSION:
June 25, 2012
(a) K -9, SWAT, and Police Reserves Presentation. (NO WRITTEN MATERIAL ON
AGENDA) Presented by Ken Roske, Police Captain.
(b) Cable Franchise Renewal Process Update. (NO WRITTEN MATERIAL ON AGENDA)
Presented by Sue Buske of The Buske Group.
(c) Utility Payments with Development:
1. Agenda Report from Rick White, Community & Economic Development Director Dated
June 22, 2012.
2. Chapter 16.06 Pasco Municipal Code.
(d) Six -Year Transportation Improvement Plan 2013 -2018:
1. Agenda Report from Ahmad Qayoumi, Public Works Director dated June 19, 2012.
2. Proposed Plan.
3. Resolution.
4. Map.
(e) Medical Marijuana:
1. Agenda Report from Stan Strebel, Deputy City Manager dated June 20, 2012.
2. Proposed Resolution.
5. OTHER ITEMS FOR DISCUSSION:
(a)
(b)
(c)
6. EXECUTIVE SESSION:
(a) Lease of Real Estate
(b)
(c)
7. ADJOURNMENT
REMINDERS:
1. 4:00 p.m., Monday, June 25, Ben - Franklin Transit Office — Hanford Area Economic Investment Fund
Committee Meeting. (COUNCILMEMBER AL YENNEY, Rep.; SAUL MARTINEZ, Alt.)
2. 7:30 a.m., Thursday, June 28, 7130 W. Grandridge Blvd — Tri- Cities Visitor & Convention Bureau
Board Meeting. (COUNCILMEMBER MIKE GARRISON, Rep.; TOM LARSEN, Alt.)
3. 4:30 p.m., Thursday, June 28, 2004 N. 22 "d Avenue — Open House, Avalon Health & Rehabilitation
Center. (COUNCILMEMBER BOB HOFFMANN)
4. 5:30 p.m., Thursday, June 28, 710 W. Court Street — Benton - Franklin Community Action Committee
Meeting. (COUNCILMEMBER AL YENNEY, Rep.; REBECCA FRANCIK, Alt.)
AGENDA REPORT
FOR: City Counc'
TO: Gary Crutch Manager
FROM: Rick White,
Community & Economic Development Director
SUBJECT: Utility payments with development
L REFERENCE(S):
Chapter 16.06 Pasco Municipal Code
June 22, 2012
Workshop Mtg.: 6/25/12
H. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
6/25: DISCUSSION
III. FISCAL IMPACT:
Revenues to the water /sewer utilities
IV. HISTORY AND FACTS BRIEF:
A. Water and sewer frontage fees and area charges are required to recoup investment in the
utility lines serving the benefitting property. Fees and charges are required when
development of property occurs and when physical connection to the utility system is
made or in some cases, is available.
B. Chapter 16.06.010 of the Pasco Municipal Code requires that City water and sewer are
available when property is developed with a structure or used for a commercial or
industrial use and as a prerequisite to issuance of a building permit.
C. The language in PMC 16.06.010 requires that availability of water and sewer is a
prerequisite to obtaining a building permit. However, development and improvement of
property can occur without obtaining a building permit, or obtaining a building permit for
a structure (such as a fence) that does not require connection to the utility system. An
example of this would be the grading and gravelling of an area to be used as a laydown
yard or parking area that may or may not include construction of a fence. The property is
improved and used for commercial or industrial purposes, but the property's "fair share"
payment for the utility infrastructure remains unpaid unless the improvement or permit is
conditioned to include the payment of applicable frontage and area charges.
D. Development and improvement of property can also occur in such a manner that uses
property line revisions to avoid payment of applicable utility fees. An example of this is
the creation of outside storage or parking areas for use by an adjacent structure. Large
undeveloped lots may be segregated with the permitted structure assigned to a small
portion of the parent lot, and the second lot devoted to storage or parking. Frontage fees
and charges would be collected for the smaller lot containing the permitted structure, but
the developer may contend that the second and larger lot used for storage or parking is
not connecting to utilities and therefore no payment of frontage fees or area charges is
required.
E. In both of the above examples, the use for storage or parking may never change, which
means frontage fees and area charges will never be collected for the utility improvements
available to the property.
F. Failure to collect from each property its proportionate share (determined by applying the
front footage and area charges) of the utility infrastructure causes that cost to be borne by
the ratepayers or, in some cases, a nearby property owner who may have installed the
lines at his expense with expectations that all other property owners would reimburse his
expense as their property "develops" (put to beneficial use).
G. The administrative history of this issue has been to require the payment of frontage fees
and area charges when use of the property occurs or through either a building, grading or
right of way permit - even if the "use" does not involve construction of a building or
connection to utilities.
4(c)
V. DISCUSSION:
A. Payment of frontage fees and area charges are necessary to maintain the financial
integrity of the rate structure for the utility systems. Development of property may occur
in such a manner as to avoid payment of these fees. Connection fees and meter costs
would not be incurred until actual physical connection to the utility system takes place.
Staff recommends Council discussion of this policy issue to require the payment of
frontage fees and area charges when use of property occurs as well as when permits are
required — with or without connection to City utilities.
CHAPTER 16.06 UTILITY SERVICE REQUIREMENTS FOR BUILDING PERMITS
Sections:
16.06.010 AVAILABILITY OF WATER AND SEWER SERVICE REQUIRED ...................9
16.06.030 WAIVER - AUTHORIZED .................................................... ..............................9
16.06.040 WAIVER- CRITERIA ............................................................ ..............................9
16.06.010 AVAILABILITY OF WATER AND SEWER SERVICE REQUIRED.
The availability of City water and sewer service to the lot(s), parcel(s) or tract(s) of
land sought to be improved by construction of a structure for human habitation, or
industrial or commercial use, shall be a prerequisite to the issuance of a building
permit. No building permit shall be issued without compliance with this section
except as stated in this chapter.
"Availability of City water and sewer service" means the physical connection
to transmission lines of such service, after paying for all applicable connection fees
including the installation of a water meter and having the water meter installed and
activated or in the case of sewer service only the physical presence of such service
within a street, or other easement of the City of Pasco adjoining the lot(s), parcel(s)
ortract(s) of land to be improved. (Ord. 2412 Sec. 1, 1982; Ord. 2303 Sec. 1, 1981.)
16.06.020 EXCEPTIONS. (Repealed Ord. 3786, 2006; Ord. 2303 Sec. 2,
1981.)
16.06.030 WAIVER - AUTHORIZED. The prerequisite requirements for a
building permit stated in Section 16.06.010 may be waived by approval of the City
Council by majority vote at any regular meeting, upon such forms as they shall deem
necessary to enable them to make specific findings of fact as to why a waiver should
be granted. All such waivers must be applied for in writing on a form or forms to be
supplied by the City of Pasco and all denials of such waiver shall also be in writing
and state specific findings upon which the denial is based. The grant of a waiver
may be reasonably conditioned and any such conditions shall be in writing, signed
by the owner of the land, recorded and run with the land. Such conditions may
include but shall not be limited to the following:
(1) A specific period of exception;
(2) Required participation in future public sewer and /or water service
extension by L.I.D. or other means;
(3) The signing by the owner of the property of a hold harmless and /or
indemnity agreement in favor of the City of Pasco. (Ord. 2303 Sec. 3, 1981.)
16.06.040 WAIVER- CRITERIA. Any determination to grant, deny, or grant
with conditions an application for a waiver described in Section 16.06.030 shall be
based upon the following criteria:
A) Special circumstances applicable to the property in question or to the
intended use that do not generally apply to other properties or classes of use in the
same vicinity or zoning classification,
B) A waiver is necessary for the preservation and enjoyment of a
substantial property right or use possessed by other property in the same vicinity
and in zoning classification, which because of special circumstances is denied to the
property in question;
C) The granting of the waiver will not be detrimental to the public welfare
or injurious to any person, property or improvements thereon in such vicinity and
zoning classification in which the subject property is located;
D) The granting of a waiver will not conflict with the general intent of this
chapter;
E) Except as provided below, no waiver shall be granted for any property
lying within the boundaries of the Pasco Landfill ground water protection area (the
Protection Area) as delineated on the official map designating said area on file at the
City of Pasco Public Works Department. If the City of Pasco receives a waiver
request, it shall notify the Department of Ecology of such request, and shall provide
the Department of Ecology all relevant information regarding such request.
F) If the residual hazardous substances in the groundwater remaining
within the entirety of the Protection Area are subsequently reduced in concentration
such that the method A or method B cleanup levels, as applicable, established
under WAC 173 - 340 -700 through 173 - 340 -760 are met, then Section 5 hereof shall
be of no further force and effect, if the Department of Ecology, after public notice
and opportunity for
comment, concurs. (Ord. 3469 Sec. 1, 2001; Ord. 2303 Sec. 4, 1981.)
AGENDA REPORT NO. 5
FOR: City Counc' Date: 06/19/2012
TO: Gary Crutch ity Manager
FROM: Ahmad Qayou i, Public Works Director Workshop: 06/25/12
Regular: 07/02/12
SUBJECT: Six -Year Transportation Improvement Plan 2013 - 2018
I. REFERENCE(S):
1. Proposed Plan
2. Resolution
3. Map
II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS:
06/25: Discussion
07/02: Conduct Public Hearing
07/02: MOTION: I move to approve Resolution No. thereby adopting
the City's Six -Year Transportation Improvement Plan for 2013
-2018.
III. FISCAL IMPACT:
None
IV. HISTORY AND BRIEF FACTS:
A) Each year, all Cities and Counties in the State are required to adopt an updated
Six -Year Transportation Improvement Plan specifically for federal and state
funded projects. For the City of Pasco, this plan has consisted of all projects
including the annual overlays, street widening, and signal projects which are
within the City limits. Larger projects such as the Lewis Street Overpass also
have been shown.
B) The proposed six -year program represents those projects that are anticipated to be
needed within six years. Several projects will need to be coordinated with utility
projects which could change the actual timing of the projects. Although this
process of adopting a six -year plan is a state requirement, the Council will again
review the projects in the Six -Year C.I.P. process and the budgeting process.
While the worksheets presented by staff include a potential funding source, many
of the projects listed will be dependent upon available funding. In addition, staff
will be pursuing available grants from the various funding programs.
Staff recommends the plan be presented at a public hearing on July 02, 2012, and
that Council adopt the plan by resolution.
4(d)
City of Pasco - DRAFT Six Year Transportation Improvement Plan Year 2013 -2018
as of 6/21/12
Proiect Name ILocation I Proiect Cost Potential Funding Sources
Year 2013
b
Miscellaneous Street Projects
Various Locations
$ 50,000.00
Arterial Funds
c
City Wide Signal Improvements
Various Locations
$ 150,000.00
Local Funds
d
Alley Hard Surface (Chip Seal)
Various Locations
$ 140,000.00
Local Funds
1
Road 68 Improvements Phase II
I -182 to Sandifur Prkwy
$ 233,550.00
STP Funds
2
Oregon Ave (SR397) Phase I
I -182 to Lewis Street
$ 1,400,000.00
STP and LID Funds
3
Argent Road Widening
Road 40 to 20th Ave
$ 2,500,000.00
STP and LID Funds
4
Powerline Road — Design & Const Phase
Road 68 to Road 100
$ 887,000.00
Local Funds
5
—I
Interconnect Road 68 Signals
Sandifer Prkwy to I -182
$ 200,000.00
STP Funds
6
I -182 Off and On Ramp at Rd 52 (Study)
Road 52
$ 50,000.00
Federal/State/Local
7
Off Ramp at Road 44 WB (Study)
Road 44 & I -182
$ 10,000.00
Federal /State/Local
8
Lewis Street One Way Couplets (Design)
2nd Ave to 10th Ave
$ 100,000.00
Federal/State/Local
9
Transportation System Planning
City Wide
$ 75,000.00
Local Funds
10
Annual ADA Access Handicap Ramp Retrofit
Various Locations
$ 218,000.00
CDBG and Local Funds
11
RT & LT Pockets at Burden
Road 68 to Road 60
$ 50,000.00
Federal /State/Local
12
Road 76 Widening I
Wrigley Drive to Sandifur Prkwy
$ 140,000.00
LID
13 1
Road 76 Widening II
Wrigley Drive to Walmart I
$ 156,000.00
ILID
Year 2014
a
2014 Overlays
Various Locations
$ 1,000,000.00
Overlay Funds
b
Miscellaneous Street Projects
Various Locations
$ 50,000.00
Arterial Funds
c
City Wide Signal Improvements
Various Locations
$ 150,000.00
Local Funds
d
Alley Hard Surface (Chip Seal)
Various Locations
$ 80,000.00
Local Funds
e
Miscellaneous Traffic Signal Upgrades
Various Locations
$ 100,000.00
Arterial Funds
14
Wrigley Drive Extension
Clemente Drive to Convention Drive
$ 450,000.00
STP and TIE Funds
6
I -182 Off and On Ramp at Rd 52 (Study)
Road 52
$ 200,000.00
Federal /State /Local
7
Off Ramp at Road 44 WB (Study)
Road 44
$ 10,000.00
Local Funds
H
City of Pasco - DRAFT Six Year Transportation Improvement Plan Year 2013 -2018
as of 6/21/12
Year 2015
a
2015 Overlays
Various Locations
$ 1,000,000.00
Overlay Funds
b
Miscellaneous Street Projects
Various Locations
$ 50,000.00
Arterial Funds
c
City Wide Signal Improvements
Various Locations
$ 150,000.00
Local Funds
d
Alley Hard Surface (Chip Seal)
Various Locations
$ 80,000.00
Local Funds
17
Sacajawea Heritage Trail/Levee
Road 52 to Road 72
$ 850,000.00
Federal/State/Local
18
lHarris Road Realignment
Sandifur Prkwy and Broadmoor Blvd
$ 250,000.00
Local/Developer Contribution
19
Chapel Hill (Design)
Road 68 to Road 84
$ 70,000.00
Federal /State/Local
20
Lewis Street Overpass
2nd Ave to Oregon Street
$ 13,800,000.00
Federal/State/Local
6
I -182 Off and On Ramp at Rd 52 (Study)
Road 52
$ 200,000.00
Federal /State/Local
7
Off Ramp at Road 44 WB (Study)
Road 44
$ 10,000.00
Federal/State/Local
15
I -182 & Road 76 Underpass (Study)
Burden Blvd to Chapel Hill Blvd
$ 100,000.00
Federal/State/Local
16
Foster Wells /SR 395 Interchange (study)
Foster Wells/ SR 395
$ 20,000.00
Federal /State/Local
21
A St. & US 12 Interchange (Study)
A St./ US 12
$ 10,000.00
Federal /State/Local
10
Annual ADA Access Handicap Ramp Retrofit
Various Locations
$ 100,000.00
CDBG and Local Funds
22
Road 68 Widening — South of I -182
South of I -182
1 $ 680,000.00
Federal /State/Local
Year 2016
a
2016 Overlays
Various Locations
$ 1,000,000.00
Overlay Funds
b
Miscellaneous Street Projects
Various Locations
$ 50,000.00
Arterial Funds
c
City Wide Signal Improvements
Various Locations
$ 150,000.00
Local Funds
d
Alley Hard Surface (Chip Seal)
Various Locations
$ 80,000,00
Local Funds
e
Miscellaneous Traffic Signal Upgrades
Various Locations
$ 100,000.00
Arterial Funds
23
Sandifur Prkwy Blvd Road 52 -60 (Construction)
Road 52 to Road 60
$ 278,000.00
FederaUState/Local
City of Pasco - DRAFT Six Year Transportation Improvement Plan Year 2013 -2018
as of 6/21/12
Project Name
Location
Project Cost
Potential Funding Sources
19
Chapel Hill (Construction)
Road 68 to Road 84
$ 653,000.00
Federal/State /Local
24
Convention Widening
Movie Theatre to Sandifur Prkwy
$ 387,000.00
Federal /State/Local
25
Road 44 & Burden Traffic Signal
Road 44 and Burden Blvd
$ 190,000.00
Local Funds
20
Lewis Street Overpass
2nd Ave to Oregon Street
$ 13,500,000.00
Federal /State/Local
6
I -182 Off and On Ramp at Rd 52 (Construction)
Road 52
$ 3,000,000.00
Federal /State /Local
7
Off Ramp at Road 44 WB (Study)
Road 44
$ 15,000.00
Federal/State/Local
8
Lewis Street One Way Couplets (Construction)
2nd Ave to 10th Ave
$ 2,000,000.00
Federal /State/Local
15
I -182 & Road 76 Underpass (Study)
Chapel Hill Blvd to Burden Blvd
$ 200,000.00
Federal /State /Local
16
Foster Wells /SR 395 Interchange (Study)
Foster Wells/ SR 395
$ 20,000.00
Federal /State/Local
21
A St. & US 12 Interchange (Study)
A St./ US 12
$ 5,000.00
Federal /State/Local
10
Annual ADA Access Handicap Ramp Retrofit
Various Locations
$ 100,000.00
1 CDBG and Local Funds
Year 2017
a
2017 Overlays
Various Locations
$ 1,000,000.00
Overlay Funds
b
Miscellaneous Street Projects
Various Locations
$ 50,000.00
Arterial Funds
c
City Wide Signal Improvements
Various Locations
$ 150,000.00
Local Funds
d
Alley Hard Surface (Chip Seal)
Various Locations
$ 80,000.00
Local Funds
26
RD 100 Widening - South of Chapel Hill
Chapel Hill Blvd to Court Street
$ 660,000.00
Federal /State /Local
27
Road 68 & Court Street Signal
Road 68 to Court Street
$ 250,000.00
Local and TIF Funds
28
Dual RT SB Road 68
Road 68 @ I -182
$ 300,000.00
Federal/State/Local
29
Argent & Road 100 Traffic Signal (Design and Construction)
Argent Road and Road 100
$ 250,000.00
Federal /State/Local
30
Madison Ave & Burden Blvd Signal (Design and Construction)
Madison Ave and Burden Blvd
$ 190,000.00
Local Funds
15
I -182 & Road 76 Underpass (Construction)
Chapel Hill Blvd to Burden Blvd
$ 5,000,000.00
Federal /State/Local
16
Foster Wells /SR 395 Interchange (Construction)
Foster Wells/ SR 395
$ 9,500,000.00
Federal/State /Local
21
A St. & US 12 Interchange (Construction)
A St./ US 12
$ 3,000,000.00
Federal /State/Local
10
Annual ADA Access Handicap Ramp Retrofit
Various Locations
$ 100,000.00
CDBG and Local Funds
31
Oregon Ave (SR397) Phase 11
Lewis Street to Ainsworth Ave
$ 1,600,000.00
STP and LID Funds
City of Pasco - DRAFT Six Year Transportation Improvement Plan Year 2013 -2018
as of 6/21/12
Project Name iLocation I Project Cost Potential Funding Sources
Year 2018
a
2018 Overlays
Various Locations
$ 1,000,000.00
Overlay Funds
b
Miscellaneous Street Projects
Various Locations
$ 50,000.00
Arterial Funds
C
City Wide Signal Improvements
Various Locations
$ 150,000.00
Local Funds
d
Alley Hard Surface (Chip Seal)
Various Locations
$ 80,000.00
Local Funds
e
Miscellaneous Traffic Signal Upgrades
Various Locations
$ 100,000.00
Arterial Funds
26
RD 100 Widening - South of Chapel Hill
Chapel Hill Blvd to Court Street
$ 560,000.00
Federal/State/Local
32
Court Street Widening
Road 44 to Road 48
$ 730,000.00
Federal /State/Local
33
Sidewalk on Road 68 Overpass
I -182 Overpass
$ 1,025,000.00
Federal /State/Local
34
Road 76 — Argent to Chapel Hill
Argent Road to Chapel Hill Blvd
$ 800,000.00
Federal /State /Local
35
Burden & Road 60 (Signal)
Burden Blvd and Road 60
$ 237,000.00
Federal/State/Local
36
Rd 84 & Chapel Hill (Signal)
Road 84 and Chapel Hill Blvd
$ 190,000.00
Federal /State/Local
37
Lewis St & Heritage Ave (Signal)
Lewis Street and Heritage Ave
$ 190,000.00
Federal /State/Local
38
Heritage Ave & A St. (Signal)
Heritage Ave and A St.
$ 190,000.00
Federal /State/Local
7
Off Ramp at Road 44 WB (Construction)
Road 44 to Road 48
$ 1,500,000.00
Federal/State/Local
15
1 -182 & Road 76 Underpass (Construction)
Chapel Hill Blvd to Burden Blvd
$ 4,650,000.00
Federal /State/Local
16
Foster Wells /SR 395 Interchange (Construction)
Foster Wells/ SR 395
$ 9,500,000.00
Federal /State/Local
21
A St. & US 12 Interchange (Construction)
A St./ US 12
$ 12,150,000.00
Federal/State/Local
10
Annual ADA Access Handicap Ramp Retrofit
Various Locations
$ 100,000.00
CDBG and Local Funds
RESOLUTION NO.
A RESOLUTION adopting the revised and extended Comprehensive Street, Storm Drain
and Bridge Programs for the City of Pasco.
WHEREAS, RCW 35.77.010 provides for annual revision and extension of the
Comprehensive Street Program of each city and town, after public hearing thereon; and
WHEREAS, it is now time to revise and extend the Comprehensive Street, Storm Drain
and Bridge Programs; and NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, That the
City Council of the City of Pasco hereby adopts the revision and extension of the Comprehensive
Street, Storm Drain and Bridge Programs for the ensuing six years as attached hereto and labeled
"Six -Year Transportation Improvement Plan 2013 - 2018" incorporated by this reference as
though fully set forth herein; and
Be It Further Resolved, that the Comprehensive Street, Storm Drain and Bridge Programs
shall be filed with the Benton - Franklin Regional Council and the State of Washington.
PASSED by the City Council of the City of Pasco this 2nd Day of July, 2012.
Matt Watkins
Mayor
ATTEST:
Debra L. Clark
City Clerk
APPROVED AS TO FORM:
Leland B. Kerr
City Attorney
PRO]ECS
N
A 1 1 �. 1 '. D , ) 1,
11
OREGON APE (. 9Pa) PHA96 D
n
PoURS 9xP61 PmENINO
a
smnAUt oN Eo m ovawAS9
s,
to TE - Aaeaa ro ceAen. xHL
St
BURDEN k Im EO (91cNAlj
a
No a k ceAea Iml. (eaNAW
I
la•n n t xaHTAU evE (sICNAW
L
16RRACE AYE t A 8i (9N:NAL)
CHAPa. HHL
a
RD M IHUENmG PH l
a
RD PB k PoURx 9a18E1' aCNAL
n
ROAD Te Pmamm ewsE D
;.g.
Duu. Rr as R9AO u
IA
11mGlElf DAVE aRalalON
a
AROEIR k RD 100 tRAltfC 91CNAL
NOW
I -192 k Po Oa UN061mA99 (SNOT)
IL1D190N AYE k aUgDal aLT0 9GXA4
- --
/\
�►� 11
151
i w
�'•' '. �1�
A
�=mom
llYYL7__—_Y■■
__
YCIIIII�_
Illl�i' 1 Y 1
'�,
Y � C11=
,��• 111.1=
�YY 11111 l�Ipp�
ME
��IIYIIiill
nIC9:
��IYIIIII► ��„
U /�� %i;C�
�,1 �J I: ,.ra,.z _ii• „__
y'1 _YYIIIIL'
� v_1 ±- ” ::.1.
;
,' �Illlllllly,
':.: 11111111 .�i
C _
Cm
YY'� °_•.:::,'►
E =- - - - --
.. -
j��ip iiq
nn�
`�
i
PROJHCf
D69CRD'1'ION
PROIICP
OWL
D6aCRD'T[ON
,•�� /
1
AD N aD'ROYB1mt(a PH D
Ix
rosrtx Pala /91 aY6 HIIEIICHANCE (aNUT)
1
ORDOON AYI (. ODT) PNA9E I
n
BACAJAPRA HaRGC• TRAD:/ILYa:
a
AROaa R9AD PDND+WC
Ix
xARws aoAO aEWOMYatI
4
PoP6aAe ROAD - aSaOX t PoM2T PHASE t
1,
CHAPEL HaL (D6.6N)
x
vaarcro.mcr Ro ae waxAls
a
uPS snuxr ovaRpASs
.
I -1m art Alm oN Ee1m At m - (slwly
a
A ar t us 12 ennRaAxcc (aTImT1
OFT Ra@ A} ROAD U IIB (STIm1)
a
ROAD . Pma1D10 - RUTH OF I -1.
9
1EII6 8T116T ONB PAY PoUPLt19 roE91cNj
a
YAXDPUfl PREPY BLVD 8010 6E -90 (PoNESRUCa00)
f
11GNEPoRSAimN 945IER PLUT'.O
SI
CONYa1T10N PmEN.c
10
ANNUAL IDA ACCL$ HAHpIC1P RAIm R61ROat
a
RO N k BNNW TPAxPIC 9mNAL
11
RP k LT POCIOSfa AT BUNOaI
i.
RD 100 PDIGxp0 - 90Va1 OF
PASCO
PRO]ECS
N
DBRCRIPilON
11
OREGON APE (. 9Pa) PHA96 D
n
PoURS 9xP61 PmENINO
a
smnAUt oN Eo m ovawAS9
s,
to TE - Aaeaa ro ceAen. xHL
St
BURDEN k Im EO (91cNAlj
a
No a k ceAea Iml. (eaNAW
n
la•n n t xaHTAU evE (sICNAW
L
16RRACE AYE t A 8i (9N:NAL)
CHAPa. HHL
a
RD M IHUENmG PH l
a
RD PB k PoURx 9a18E1' aCNAL
n
ROAD Te Pmamm ewsE D
a
Duu. Rr as R9AO u
IA
11mGlElf DAVE aRalalON
a
AROEIR k RD 100 tRAltfC 91CNAL
IS
I -192 k Po Oa UN061mA99 (SNOT)
a
IL1D190N AYE k aUgDal aLT0 9GXA4
PRO]ECS
N
DBRCRIPilON
11
OREGON APE (. 9Pa) PHA96 D
n
PoURS 9xP61 PmENINO
a
smnAUt oN Eo m ovawAS9
s,
to TE - Aaeaa ro ceAen. xHL
St
BURDEN k Im EO (91cNAlj
a
No a k ceAea Iml. (eaNAW
n
la•n n t xaHTAU evE (sICNAW
L
16RRACE AYE t A 8i (9N:NAL)
AGENDA REPORT
FOR: City Counci
TO: Gary Crutch ity Manager
FROM: Stan Strebel, D uty City Manage
SUBJECT: Medical Marijuana
I. REFERENCE(S):
1. Proposed Resolution
June 20, 2012
Workshop Mtg.: 6/25/12
Regular Mtg.: 7/2/12
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
6/25: Discussion
7/2: MOTION: I move to adopt Resolution No. calling upon state
and federal lawmakers to resolve conflicts between state and
federal laws concerning the possession of marijuana.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
A) Council addressed the issue of collective gardens for medical marijuana at the
meeting of June 4 by passage of an ordinance repealing the city's moratorium on
such uses and amending the zoning code to specifically prohibit uses which are in
violation of any "local, state or federal laws, regulations, codes, and/or
ordinances."
B) During deliberations, Councilmembers expressed frustration at the current
situation which places citizens and cities caught between conflicting laws of
higher jurisdictions. The attached resolution is offered as an expression of this
sentiment while authorizing the Mayor and City Manager to communicate this
position to legislators at state and federal levels.
i
RESOLUTION NO.
A RESOLUTION of the City of Pasco, Washington, Calling upon State and
Federal Lawmakers to Resolve Conflicts between State and Federal Law Concerning
the Possession of Marijuana.
WHEREAS, possession of marijuana, including for medicinal purposes, is contrary to the
Federal Controlled Substance Act (CSA) thus pre - empting state or local legislation purporting to
legalize marijuana; and
WHEREAS, in 1998 Washington State Voters approved Initiative 692 (codified as Revised
Code of Washington 69.51 A) permitting the use of marijuana for medicinal purposes; and
WHEREAS, in 2007, the Washington State Legislature determined that a medically
authorized person could possess a 60 -day supply of marijuana; and
WHEREAS, in 2011, the State Legislature further attempted to define Washington Law
regarding the maintenance of collective gardens for the cultivation of marijuana for medicinal use;
and
WHEREAS, the Pasco City Council holds compassion for those who would benefit
medically from limited use of marijuana but desires to remain compliant with conflicting State and
Federal Laws; and
WHEREAS, it is the inherent responsibility of State and Federal legislators to resolve the
legal conundrum caused by the conflicting laws; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE
AS FOLLOWS:
Section 1. State and Federal Legislators are hereby called upon to work to eliminate the
inconsistencies and /or contradictions and resolve the legal conflicts between State and Federal Laws
regarding marijuana possession, particularly with respect to marijuana use for medicinal purposes.
Section 2. The Mayor and City Manager are hereby authorized to take appropriate action to
communicate the City's concerns as expressed herein.
PASSED by the City Council of the City of Pasco, Washington, as its regular meeting dated
this day of July, 2012.
Matt Watkins, Mayor
ATTEST:
Debra Clark, City Clerk
APPROVED AS TO FORM:
Leland B. Kerr, City Attorney