HomeMy WebLinkAbout2013.06.10 Council Workshop PacketAGENDA
PASCO CITY COUNCIL
Workshop Meeting 7:00 p.m. June 10, 2013
1. CALL TO ORDER
2. ROLL CALL:
(a) Pledge of Allegiance.
3, VERBAL REPORTS FROM COUNCILMEMBERS:
4. ITEMS FOR DISCUSSION:
(a) Housing Authority Commission Interview:
1. Agenda Report from Gary Crutchfield, City Manager dated June 6, 2013.
2. Application (1) (Council Packets Only).
(b) Parks and Recreation Advisory Council Interview:
1. Agenda Report from Gary Crutchfield, City Manager dated June 6, 2013.
2. Application (1) (Council Packets Only).
(c) Code Amendment (MF #CA2013 -001) Airport Zoning:
1. Agenda Report from Dave McDonald; City Planner dated June 5, 2013.
2. Proposed Ordinance.
3. Proposed Language Change to Address Questions on Density.
4. Worksheets Describing Vacant Lands in Zones 2 and 4.
5. Map Illustrating Areas for Possible Future Development.
(d) Six -Year Transportation Improvement Plan 2014 -2019:
1. Agenda Report from Ahmad Qayoumi, Public Works Director dated May 21, 2013.
2. Proposed Plan.
3. Resolution.
4. Map.
(e) Revision of HOME Consortium Agreement for Kennewick, Pasco and Richland for
Program Years 2014 -2016 (AGRMT2013 -004):
1. Agenda Report from Angela Pitman, Block Grant Administrator dated June 6, 2013.
2. Summary of Additions and Changes.
3. Cooperative Agreement of the Tri- Cities HOME Consortium.
4. Proposed Resolution.
(f) Electronic Council Agenda Packets:
1. Agenda Report from Stan Strebel, Deputy City Manager dated June 4, 2013.
5, OTHER ITEMS FOR DISCUSSION:
(a)
(b)
(c)
6. EXECUTIVE SESSION:
(a) Litigation
(b)
(c)
7. ADJOURNMENT
REMINDERS:
1. 12:00 p.m., Monday, June 10, Pasco Red Lion - Pasco Chamber of Commerce Membership Luncheon.
( "Law Day with keynote speakers Commissioner Jaqueline Stam & Alicia Berry, Attorney)
2. 11:00 a.m., Tuesday, June 11, 6614 Aintree Drive - Hayden Homes at Chapel Hill Open House/Ribbon
Cutting Ceremony. ( COUNCILMEMBER BOB HOFFMANN).
3. 7:00 a.m., Thursday, June 13 - BFCG Tri-Mats Policy Advisory Committee Meeting.
( COUNCILMEMBER BOB HOFFMANN, Rep.; REBECCA FRANCIK, Alt.)
4. 4:00 p.m., Thursday, June 13, 7130 W. Grandridge Blvd - TRIDEC Executive Committee Meeting.
( COUNCILMEMBER MIKE GARRISON)
5. 7:00 p.m., Thursday, June 13, Transit Facility - Ben - Franklin Transit Board Meeting. (MAYOR MATT
WATKINS, Rep.; COUNCILMEMBER MIKE GARRISON, Alt.)
AGENDA REPORT
FOR: City Counci
FROM: Gary Crutch Manager
SUBJECT: Housing Autho 'ty Commission Interview
I. REFERENCE(S):
II.
III.
Iv.
Application (1) (Council packets only)
June 6, 2013
Workshop Mtg.: 6/10/13
ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS
6/10: Council to conduct a brief interview with Linda Dukelow.
HISTORY AND FACTS BRIEF:
A) The Housing Authority is a separate municipal corporation governed by its
appointed board of directors. The Authority's basic mission is to provide safe and
habitable housing for households with incomes below 80% of the regional
medium household income. In the case of the Pasco Housing Authority, it owns
and operates about 300 housing units in Pasco and offers other housing
opportunities as other federal programs are made available and deemed
appropriate by the Board.
B) A Joint Housing Authority for the City of Pasco and Franklin County was formed
in 1981 by joint Resolution. The Housing Authority Board is comprised of five
Commissioners who are appointed for a term of office of five years. The
Commissioners for Position Nos. 1 and 3 are selected by the Franklin County
Commissioners. Likewise, the Commissioners for Position Nos. 2, 4 and 5 are
selected by the Pasco City Council and must reside within the City.
C) There is one position whose term has expired, and one vacant position with a term
expiration of 2016:
1. Position No. 2 (Isabell Quintanilla) .... ........................Expired 1/28/13
2. Position No. 5 (vacant) ................ ............................... Expires 1/28/16
D) The Council screening committee concluded that the incumbent in Position No. 2
be reappointed without interview (interviewed for initial appointment 10/11).
E) After Council Screening Committee review of all applications, only one of the
three scheduled for interview has accepted the invitation.
Linda Dukelow..
DISCUSSION:
.........5004 W. Irving Street
A) After conduct of the interview at the June 10 Workshop meeting, it is proposed
that appropriate appointments be made by the Mayor, subject to confirmation by
the Council, at the June 17 business meeting.
4(a)
AGENDA REPORT
TO: City Council June 6, 2013
FROM: Gary Crutch e Manager Workshop Mtg.: 6/10/13
SUBJECT: Parks and Recr ation Advisory Council Interview
I. REFERENCE(S):
1. Application (1) (Council packets only)
II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS:
6/10: Council to a conduct brief interview with Robert Garcia.
III. HISTORY AND FACTS BRIEF:
A) The Parks and Recreation Advisory Council is composed of nine members; terms
are three years. The board meets on the 1 st Thursday of every month at 5:30 p.m.
B) The Parks and Recreation Advisory Council advises the City Council on
recreation activities and facilities needed in the community.
C) There is one recently- vacated position:
L Position No. 9 (vacant)
D) After Council Screening Committee review of all applications, only one of the
three scheduled for interview has accepted the invitation.
1. Robert Garcia .............................. ............................... 8208 Lopez Drive
IV. DISCUSSION:
A) After conduct of interviews at the June 10 Workshop meeting, it is proposed that an
appropriate appointment be made by the Mayor, subject to confirmation by the
Council, at the June 17 meeting.
4(b)
AGENDA REPORT
FOR: City Council �!
TO: Gary Crutchfi i anager
Rick White,
Community & 11conomic Development Director
FROM: David I. McDonald, City Plann6' -
SUBJECT: Code Amendment: (MF # CA2013 -001) Airport Zoning
I. REFERENCES
Proposed Ordinance
2. Proposed Language Change to Address Questions on Density
3. Worksheets Describing Vacant Lands in Zones 2 and 4
4. Map Illustrating Areas for Possible Future Development
June 5, 2013
Workshop: 6/10/13
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
6/10: Discussion
III. FISCAL IMPACT:
NONE
IV. HISTORY AND FACTS BRIEF:
A. Approximately every 10 years the Port of Pasco updates the Tri- Cities Airport Master
Plan.
B. Early in the most recent Master Planning process the Port, City and County staff
began meeting to discuss the need for updating the airport zoning regulations to guide
growth around the airport. The current airport zoning regulations were adopted in
early 1972 and have remained virtually unchanged for 41 years.
C. The Planning Commission held a public workshop on March 21, 2013 and a
conducted a public hearing on April 25, 2013 to review the proposed airport zoning
regulations prior to making a recommendation to the City Council.
D. The City Council discussed the proposed ordinance on May 13, 2013 and sought
further information about the possible impacts to infill development in Zones 2 and 4
south of I -182.
V. DISCUSSION:
A. Zones 2 and 4 are the inner and outer approach/departure zones which prohibit land
uses which encourage large concentrations of people; such as would be found in
shopping malls, churches, schools, hospitals and large office complexes. Residential
uses are typically excluded from these zones also. Due to development patterns south
of I -182 the proposed ordinance attempts to permit continued development of
residential structures generally at densities matching existing densities of the area. It
is important to understand there is a difference between zoning and existing density.
Zone 2 for example is mostly zoned RS -20 which permits up to two dwelling units
per acre. Upon closer review the existing density in Zone 2 is just over one unit per
acre and not two units per acre as permitted by the zoning.
B. To
avoid the
confusion that may result
from zoning
verses density staff recommends
the
language
in the proposed ordinance
be modified
to simply permit infill residential
4(c)
development south of I -182. Zoning assigned to the area would be the determining
factor on the number of dwelling units permitted rather than the current existing
densities. Reference 2 provides the necessary code language to eliminate the
questions about density.
C. Reference 3 provides an explanation of the vacant lands that may be impacted by the
proposed Airport Overlay Zones. Zone 2 contains 126 acres with roughly 48 acres of
vacant land. Forty -eight to eighty -eight additional dwelling units could be built in
Zone 2 depending on whether the area was zoned RS -20 or RS -12. Zone 4 contains
90 acres of land with about 50 acres being vacant. Sixty to one hundred and nine
dwelling units could be developed in Zone 4 depending on the zoning classification
assigned.
D. With clarification of the proposed code as suggested in Reference 2 the airport
overlay zones will have no adverse impact on development in the Riverview area
south of I -182. Residential development may continue to occur under the RS -20 or
RS -12 standards and the one church in the area will also be able to expand.
ORDINANCE NO,
AN ORDINANCE RELATING TO ZONING AND AMENDING PMC TITLE
25 BY REPEALING CHAPTER 25.82 AND CREATING A NEW CHAPTER
25.81 DEALING WITH AIRPORT PROTECTION ZONES AND RELATED
PROVISIONS.
WHEREAS, cities have the responsibility to manage physical development within their
borders and to ensure public health, safety and welfare are maintained; and,
WHEREAS, the Tri-Cities Airport is located within the City of Pasco; and,
WHEREAS, the updated (2012) Tri-Cities Airport Master Plan identifies airport
improvements necessary to accommodate an increasing population base and travel demands for
the Tri-City region; and,
WHEREAS, the Tri- Cities Airport Master Plan includes a 1,200 foot extension to
runway 12 to the northwest which will impact land use and development to the northwest of the
airport; and,
WHEREAS, State planning and airport laws (RCW 36.70.547 & RCW 14.12.030)
require communities with airports to develop regulations that limit structure heights and control
land uses adjacent to airports; and,
WHEREAS, the Planning Commission held a public meeting on April 259 2013 and to
consider development regulations for areas surrounding the airport and made a recommendation
that the City Council amend PMC Title 25 by repealing Chapter 25.82 "Airport Zoning" and
replacing the same with a new Chapter 25.81 "Airport Overlay District"; and,
WHEREAS, the City Council has determined that to further the purposes of maintaining
the integrity of the Tri-City Airport, it is necessary to amend PMC Title 25; NOW
THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES
ORDAIN AS FOLLOWS:
Section 1. That Chapter 25.82 entitled "AIRPORT ZONING" of the Pasco Municipal
Code be and the same is hereby repealed in its entirety:
Section 2. That a
new
Chapter
25.81 entitled "AIRPORT
OVERLAY DISTRICT' of the
Pasco Municipal Code be
and
the same is hereby enacted to read as follows:
CHAPTER 25.81 AIRPORT OVERLAY DISTRICT
25.81.010
PURPOSE
25.81.020
AIRPORT OVERLAY DISTRICT
25.81.030
AUTHORITY
25.81.040
APPLICABILITY
25.81.050
DEFINITIONS
25.81.060
HEIGHT LIMITATION ZONES
25.81.070
HEIGHT LIMITATIONS
25.81.080
USE RESTRICTIONS
25.81.090
AIRPORT SAFETY COMPATIBILITY ZONES
25.81.100
GENERAL REVIEW PROCEDURES
25.81.110
DISCLOSURE
25.81.010 PURPOSE. The purpose of the Airport Overlay District is to protect the
viability of the Tri- Cities Airport as a significant resource to the community by encouraging
compatible land uses, densities and reducing hazards that may endanger the lives and property of
the public and aviation users.
25.81.020. AIRPORT OVERLAY DISTRICT. There is hereby created an airport
overlay district as identified in the map made a part hereof and labeled Tri- Cities Airport Future
Part 77 Zones Map dated , and the Airport Safety Compatibility Zones map, as
established by the current Tri- Cities Airport Master Plan. All lands lying within the zones
therein shown within the city limits of Pasco are subjected to the building and use restrictions
within this chapter. This chapter shall be used in addition to and in combination with all other
district and development regulations contained in this title. The Airport shall be responsible for
providing updated maps to the City coincident with 10 year updates to the Airport Master Plan.
The Airport Overlay District classification identifies a series of imaginary surfaces and safety
zones within the airport influence area that has historically been prone to hazards associated with
aircraft and airports. This chapter is based on aircraft accident data from the National
Transportation Safety Board (NTSB) and the Federal Aviation Regulations (FAR) Part 77
Imaginary Surfaces and the "Airports and Compatibility Land Use Guidebook" produced by the
Washington State Department of Transportation Aviation Division. As the name implies, this
classification is laid over the existing City of Pasco zoning districts to ensure that densities and
land use requirements of the underlying zoning districts are consistent with the NTSB standards
and provide for maximum protection to the public, health, safety and general welfare of the
community and for those citizens working and residing within the airport influence area.
25.81.030. AUTHORITY. The legislature of the State of Washington through RCW
14.12 the "Airport Zoning Act' has given authority to local governments to adopt regulations
within its jurisdiction to promote the public health, safety, and general welfare of its citizenry
regarding airport hazards. RCW 36.70.547 requires every county, city, and town in which there
►a
is located an airport to discourage the siting of incompatible uses adjacent to such aviation
airport.
25.81.040. APPLICABILITY. The provisions of this chapter shall apply to all lands,
buildings, structures, natural features or uses located within those areas that are defined by the
Airport Overlay District and designated on the Tri- Cities Airport Part 77 Surfaces map which
identifies areas of height limitations and the Airport Safety Compatibility Zones (ASCZ) map.
25.81.050. DEFINITIONS. The following terms shall have the meanings indicated,
specific to this chapter only:
AIRPORT: The Tri- Cities Airport.
AIRPORT ELEVATION: The highest point of an airport's useable landing area measured in
feet from sea level. The Tri- Cities Airport is four hundred ten feet (410') above mean sea level.
APPROACH SURFACE: An imaginary surface longitudinally centered on the extended runway
centerline, extending outward and upward from the end of the primary surface and at the same
slope as the approach zone height limitation slope set forth in Chapter 25.81.060. The perimeter
of the approach surface coincides with the perimeter of the approach zone.
CONICAL SURFACE: An imaginary surface extending outward and upward from the
periphery of the horizontal surface at a slope of twenty to one (20:1) for a horizontal distance of
four thousand feet (4,000').
DEED NOTICE: A formal statement provided in 25.81.110 as a note on the face of a short plat,
major subdivision or binding site plan or recorded against the property notifying potential
property owners that the property is located adjacent to an active airport and said property may
be impacted by aircraft noise, odors, vibration, and low flying aircraft.
FAA FORM 7460 -1, NOTICE OF PROPOSED
form which the Federal Aviation Administration
proposing to construct or alter an object that could
an airspace analysis to determine whether th
navigational aids. More information regarding
website.
CONSTRUCTION OR ALTERATION: A
requires to be completed by anyone who is
affect airspace and allows the FAA to conduct
e object will adversely affect airspace or
this requirement can be found on the FAA
FAR
PART
77 SURFACES: The Part of 49
CFR of the Federal Aviation Regulations that deals
with
objects
affecting navigable airspace.
FAR PART 77 ZONES: Imaginary airspace surfaces established with relation to each runway of
an airport. There are five types of surfaces: (1) primary; (2) approach; (3) transitional; (4)
horizontal; and (5) conical.
3
[Approach
ion Approach
HAZARD TO AIR NAVIGATION: An obstruction determined to have a substantial adverse
effect on the safe and efficient utilization of the navigable airspace.
HEIGHT: For the purpose of determining the height limits in all zones and as shown on the Tri-
Cities Airport Future Part 77 Zones map, this datum shall be height above mean sea level
elevation unless otherwise specified.
HORIZONTAL SURFACE: A horizontal plane one hundred fifty feet (150') above the
established airport elevation, the perimeter of which plane coincides with the inner perimeter of
the conical surface. This is five hundred sixty feet (560') above mean sea level for the Tri- Cities
Airport.
INFILL: Development designed to occupy scattered vacant parcels of land which remain after
the majority of development has occurred in an area.
OBSTRUCTION: Any object of natural growth, terrain, of permanent or temporary construction
or alteration, including equipment or materials used therein which exceeds a limiting height set
forth in Chapter 25.81.070.
PRECISION APPROACH: A landing approach made without visual reference to the ground by
the use of aircraft instruments and ground -based electronic or communications systems or
devices. An aircraft making such an approach should be flying in accordance with an IFR
(instrument flight rules) flight plan.
PRIMARY SURFACE: A surface longitudinally centered on a runway with a width of one
thousand feet (1,000') for instrument approaches and five - hundred feet (500') for visual
approaches. When the runway has a specially prepared hard surface, the primary surface extends
two hundred feet beyond each end of the runway. The elevation of any point on the primary
surface is the same as the elevation of the nearest point on the runway centerline. The elevation
of the Primary Surface at the Tri- Cities airport is four hundred ten feet (410') above mean sea
level.
RUNWAY: A defined area on an airport prepared for landing and take -off of aircraft along its
length.
TRANSITIONAL SURFACES: These imaginary surfaces extend outward at ninety - degree
angles to the runway centerline, and runway centerline extended, at a slope of seven feet (7')
horizontally for each foot vertically (7:1) from the sides of the primary and approach surfaces to
where they intersect with the horizontal and conical surfaces.
TREE: Any object of natural growth.
VISUAL RUNWAY: A runway intended solely for the operation of aircraft using visual
approach procedures, with no straight -in instrument approach procedure and no instrument
designation indicated on an FAA - approved airport layout plan.
25.81.060 HEIGHT LIMITATION ZONES. The height limitation zones are hereby
established, consistent with the FAR Part 77 Surfaces — Objects Affecting Navigable Airspace,
and are described below.
(1) PRECISION INSTRUMENT APPROACH ZONE. Includes Runways 3L, 21R, 30.
A precision instrument approach zone is established at each end of a precision instrument
runway for instrument landings and takeoffs. The precision instrument approach zones shall
have a width of one thousand feet (1,000') at a distance of two hundred feet (200') beyond each
end of the runway, coinciding with the Primary Surface, widening thereafter uniformly to a
width of sixteen thousand feet (16,000') at a distance of fifty thousand two hundred feet
(50,200') beyond each end of the runway, its centerline being the continuation of the centerline
of the runway.
(2) NON - PRECISION INSTRUMENT APPROACH ZONE. Includes Runway 12. A
Non - Precision instrument approach zone is established at each end of a Non- Precision
instrument runway for improved landings and takeoffs. The non - precision instrument approach
zones shall have a width of five hundred feet (500') at a distance of two hundred feet (200')
beyond each end of the runway, thereafter widening uniformly to a width of three thousand five
hundred feet (3,500') at a distance of ten thousand two - hundred feet (10,200') beyond each end
of the runway, it's centerline being the continuation of the centerline of the runway.
5
(3) VISUAL APPROACH ZONE. Includes Runways 3R and 21L. A visual approach
zone is established at each end of all visual runways for landings and takeoffs. The visual
approach zones shall have a width of five hundred feet (500') at a distance of two hundred feet
(200') beyond each end of the runway, widening thereafter uniformly to a width of one thousand
five hundred (1,500) feet at a distance of five thousand two hundred feet (5,200') beyond each
end of the runway, its centerline being the continuation of the centerline of the runway.
(4) TRANSITION ZONES. Transition zones are hereby established adjacent to each
instrument and non - instrument runway and approach zone as indicated on the Tri- Cities Airport
Future Part 77 Zones map. Transition zones symmetrically located on either side of runways
have variable widths as shown on the map. Transition zones extend outward from a line two
hundred fifty feet (250') on either side of the centerline of the non - instrument runway, for the
length of such runway plus two hundred feet (200') on each end; and five hundred feet (500') on
either side of the centerline of the instrument runway, for the length of such runway plus two
hundred feet (200') on each end, beginning at and are parallel and level with such runway
centerlines. The transition zones along such runways slope upward and outward one foot
vertically for each seven feet horizontally to the point where they intersect the surface of the
horizontal zone. Further, transition zones are established adjacent to both instrument and non-
instrument approach zones for the entire length of the approach zones. These transition zones
have variable widths, as shown on the Tri- Cities Airport Future Part 77 Zones map. Such
transition zones flare symmetrically with either side of the runway approach zones from the base
of such zones and slope upward and outward at the rate of one foot vertically for each seven feet
horizontally to the points where they intersect the horizontal and conical surfaces. Additionally,
transition zones are established adjacent to the instrument approach zone where it projects
through and beyond the limits of the conical zone, extending a distance of five thousand feet
measured horizontally from the edge of the instrument approach zones at right angles to the
continuation of the centerline of the runway.
(5) HORIZONTAL ZONE. A horizontal zone is hereby established as the area within a
horizontal plane one hundred fifty feet (150') above the established airport elevation or at a
height of five hundred sixty feet (560') above mean sea level, the perimeter of which is
constructed by swinging arcs of ten thousand feet radii from the center of each end of the
primary surface of each runway of the airport and connecting the adjacent arcs by lines tangent
to those arcs. The horizontal zone does not include the instrument and non - instrument approach
zones and the transition zones.
(6) CONICAL ZONE. A conical zone is hereby established as the area that commences
at the periphery of the horizontal zone and extends outward therefrom a distance of four
thousand feet. The conical zone does not include the instrument approach zones and transition
zones.
25.81.070 HEIGHT LIMITATIONS. No building, pipe, chimney, tower, steeple, stand,
platform, pole, wire or structure or erection or object of natural growth, or obstruction of any
kind or nature whatsoever, shall be built, placed, hung, or permitted to grow or allowed to be
built, placed or hung which shall at any point or part thereof exceed the heights as provided in
the zones established herein. Where an area is covered by more than one height limitation, the
more restrictive limitations shall prevail. The restrictions shall apply to the area surrounding all
runways and approaches situated thereon. The owner of any existing nonconforming building,
structure, or tree shall be required to permit the installation, operation, and maintenance thereon
of any markers and lights as deemed necessary by the airport sponsor or the FAA to indicate to
Co
operators of aircraft in the vicinity of the airport the presence of such airport obstruction. Such
height limitations are hereby established for each zone as follows:
(1) Precision Instrument Approach Zone. Beginning at the end of and at the same
elevations as the Primary Surface, slopes one foot in height for each fifty feet (50:1) in
horizontal distance and extending to a distance of ten thousand two hundred feet (10,200) from
the end of the runway; thence one foot in height for each forty feet in horizontal distance to a
point fifty thousand two hundred feet (50,200) from the end of the runway;
(2) Non - Precision Instrument Approach Zone. Beginning at the end of and at the
same elevations as the Primary Surface, slopes one foot in height for each thirty -four feet (34:1)
in horizontal distance and extending to a distance of ten thousand two hundred feet (10,200)
from the end of the runway;
(3) Visual Approach Zones. Beginning at the end of and at the same elevation as the
Primary Surface, slopes one foot in height for each twenty feet (20:1) in horizontal distance and
extending to a point ten thousand two hundred feet (5,200') from the end of the runway;
(4) Transition Zones. Slopes outward one foot in height for each seven feet (7:1) in
horizontal distance beginning at the Primary Surface, extending to a height of one hundred fifty
feet (150') above the airport elevation which is four hundred ten feet (410') above mean sea
level. In addition to the foregoing, there are established height limits of one foot vertical height
for each seven feet horizontal (7:1) distance measured from the edges of all approach zones for
the entire length of the approach zones and extending upward and outward to the points where
they intersect the horizontal or conical surfaces. Further, where the instrument approach zone
projects through and beyond the conical zone, a height limit of one foot for each seven feet of
horizontal distance shall be maintained beginning at the edge of the instrument approach zone
and extending a distance of five thousand feet (5,000') from the edge of the instrument approach
zone measured normal to the centerline of the runway extended;
(5) Horizontal Zone. One hundred fifty feet (150') above the airport elevation or a
height of five hundred sixty feet (560) above mean sea level;
(6) Conical Zone. Slopes outward one foot in height for each twenty feet (20:1) of
horizontal distance beginning at the periphery of the horizontal zone, extending four thousand
feet (4,000') to a height of three hundred fifty feet (350') above the airport elevation or a height
of seven hundred sixty feet above mean sea level (760').
25.81.080 USE RESTRICTIONS.
(1) General Requirements: Notwithstanding any other provisions of this chapter, no use
may be made of land or water within any zone established by this chapter in such a manner as to
create electrical interference with navigational signals or radio communication between the
airport and aircraft, make it difficult for flyers to distinguish between airport lights and others,
result in glare in the eyes of flyers using the airport, impair visibility in the vicinity of the airport,
create bird strike hazards or otherwise in any way endanger or interfere with the landing, taking
off, or maneuvering of aircraft.
(2) Lighting: No new or expanded industrial, commercial, recreational or residential use
shall project lighting directly onto an existing runway, taxiway, or approach/departure surface
except where necessary for safe air travel. Lighting for these uses shall incorporate shielding to
reflect light away from the airport and shall not imitate airport lighting.
7
(3) Communications Facilities: Approval of cellular and other communications or
transmission towers located within any zone described within section 25.81.060 shall be
conditioned to require their removal within 90 days of discontinuance of use.
25.81.090 AIRPORT SAFETY COMPATIBILITY ZONES. Zones described below are
shown in the Airport Safety Compatibility Zones (ASCZ) map with the prohibited land uses
listed below in order to promote the general safety and welfare of properties surrounding the
airport and the continued viability of the airport.
Zone 1 — Runway Protection Zone (RPZ): only airport uses and activities are allowed
within the RPZ.
Zone 2 — Inner Approach/Departure Zone: Prohibited land uses within this zone are
residences (all residential zones except areas south of I -182 where infill residential is allowed
similar in density to the existing residential development), places of public assembly such as
churches, schools (K -12), colleges, hospitals; high density office, retail or service buildings;
shopping centers and other uses with similar concentrations of persons. Production of asphalt
paving and roofing materials or rock crushing are also prohibited. Fuel storage facilities or the
storage or use of significant amounts of materials which are explosive, flammable, toxic,
corrosive, or otherwise exhibit hazardous characteristics shall not be located within the Inner
Approach/Departure Zone. Hazardous wildlife attractants including waste disposal operations,
water management and storm water facilities with above - ground water storage, and man-made
wetlands shall not be allowed within the Inner Approach/Departure Zone. All new infill
residential development must include the disclosure statement in Chapter 25.81.110 on plats,
short plats and binding site plans.
Zone 3 — Inner Turning Zone: Prohibited land uses within this zone are schools (K -12)
and hospitals. New residential development is prohibited unless it is infill residential similar in
density to the existing residential development. All new infill residential development must
include the disclosure statement in Chapter 25.8 1.110 on plats short plats and binding site plans.
Zone 4 — Outer Approach/Departure Zone: Prohibited land uses within this zone are
places of public assembly such as churches, schools (K -12), hospitals, shopping centers and
other uses with similar concentrations of persons. Low density residential is permitted on legal
lots of record and on new lots provided the new lots are 20,000 square feet or larger. All new
residential development must include the disclosure statement in Chapter 25.81.110 on plats,
short plat and binding site plans.
Zone 5 — Sideline Zone: Prohibited land uses within this zone are residences; except
residences that are constructed to replace existing residences, of like size and type, damaged by
fire and other causes, places of public assembly such as churches, schools, hospitals, shopping
centers and other uses with similar concentrations of persons. Mining, including sand and gravel
pits are prohibited in the Sideline Zone.
Zone 6 — Traffic Pattern Zone: Prohibited land uses within this zone are new schools (K-
12), hospitals and other uses with similar concentrations of persons. Replacement or expansion
of existing schools is permitted. All new residential developments must include the disclosure
statement in Chapter 25.81.110 on plats, short plats and binding site plans.
25.81.110: GENERAL REVIEW PROCEDURES. No use, building, structure, or
development activity shall be permitted, established, altered or relocated by any person except as
otherwise authorized by this chapter. All permit applications within the Airport Overlay District
H&
shall, in addition to being reviewed through the standard development review process, be subject
to the following:
A. All developments, permits or plats with proposed buildings and /or structures found to
be within twenty feet (20') of any of the height limitations described in 25.81.070
and /or all buildings and structures over two hundred feet (200') in height must submit
a site plan, building elevations and an FAA Form 7460 -1 to the Port of Pasco
Administrative Office for Port and FAA review and approval. Upon review, further
documentation shall be required, if more accurate data is necessary for a
determination of impact including detailed surveys by a licensed land surveyor.
B. All developments, permits or plats falling within the ASCZs described in 25.81.090
associated with special use permits, variances or existing non - conforming uses must
also submit a site plan to the Port of Pasco Administrative Office for Port review.
25.81.120 DISCLOSURE. To all extents possible, property owners and potential
property buyers should be made aware of the following disclosure. The disclosure statement
shall be listed on all approved subdivision plats, short plats, binding site plans and deeds within
any of the identified zones in section 25.81.060 or 25.81.090.
"Properties near the Tri- Cities Airport may be subject to varying noise levels and
vibration. Properties near the airport may be located within height and use restriction zones as
described and illustrated by Federal standards and regulations and the City of Pasco Zoning and
Development Regulations. There is the potential that standard flight patterns will result in
aircraft passing over the properties at low altitudes and during all hours of the day. Future airport
expansion including a potential 1850' runway extension to the northwest may impact the size and
number of aircraft that utilize the airport. Generally it is not practical to redirect or severely limit
airport usage and/or planned airport expansion. Developments near the airport should assume
that at any given time there will be some impact from air traffic."
Section 3. This ordinance shall be in full force and effect five days after passage and
publication as required by law.
PASSED by the City Council of the City of Pasco, at its regular meeting of
.2013.
Matt Watkins
Mayor
ATTEST:
Debra L. Clark
City Clerk
M
APPROVED AS TO FORM:
Leland B. Kerr
City Attorney
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Reference #2
Consistent language on Density
Zone 2 - Inner Approach/ Departure Zone: Prohibited land uses within this
zone are: residences except residential infill development is permitted south of
I -182, places of public assembly such as churches, schools (K -12), colleges,
hospitals; high - density offices, retail or service buildings; shopping centers and
other uses with similar concentrations of persons. Production of asphalt paving
and roofing materials or rock crushing are also prohibited. Heel storage
facilities or the storage or use of significant amounts of materials which are
explosive, flammable, toxic, corrosive, or otherwise exhibit hazardous
characteristics shall not be located within the Inner Approach/ Departure Zone.
Hazardous wildlife attractants including waste disposal operations, water
management and storm water facilities with above - ground water storage, and
man -made wetlands shall not be allowed within the Inner Approach/ Departure
Zone. All new infill residential development must include the disclosure
statement in Chapter 25.81.110 on plats, short plats and binding site plans.
Zone 4 - Outer Approach/ Departure Zone: Prohibited land uses within this
zone are: places of public assembly such as churches except existing churches
shall be permitted to expand, schools (K -12), hospitals, shopping centers and
other uses with similar concentrations of persons. Residential density is
limited to RS -20 except south of I -182 All new residential development must
include the disclosure statement in Chapter 25.81.110 on plats, short plat and
binding site plans.
Zone 2
Vacant Lands Analysis
Zone 2 contains 126 acres with 76 acres located in the County and 50 acres
located in the City.
50 acres City
• 19 acres are vacant
15.5 owned by the Port
3.5 owned privately
The Port property cannot be developed because it was purchased for an airport
protection area.
76 acres County
• 29 acres are vacant
Development Potential
Without
the Port property Zone 2
has 32.5 acres of
vacant land.
Twenty -five
percent
will be needed for right -of -way
leaving 24.5 acres
available
for building
lots. In
theory, 48 (RS -20) to 88
(RS -12) lots could
be developed
but, due to
existing
development and fragmented
ownership it
will be very
difficult to
achieve
the maximum number of
lots. Properties within the City portion of
Zone 2 are currently zoned RS -12
and the portion in
the County is zoned RS-
20.
Zone 4
Vacant Lands Analysis
Zone 4 contains 90 acres with 51 acres located in the County and 39 acres
located in the City.
39 acres Citv
• 18.5 acres are vacant
1.7 acres Lutheran Church expansion area
51 acres Court
• 30 acres are vacant
2.3 acres are part of the Rd 48 soccer park
5 acres are Short Platted/ parceled into 5, one -acre tracts
22 acres are vacant tracts
Development Potential
The 1.7 acres of vacant land adjacent to the Lutheran Church is presumably a
future expansion area for the church and unavailable for residential
development. Two of the referenced one -acre County parcels are landlocked
and will be difficult to subdivide further. Excluding the park land, church land
and the difficult to divide land, there are 40 plus acres of vacant land within
Zone 4. Twenty -five percent will be needed for right -of -way leaving 30.3 acres
available for building lots. In theory, 60 (RS -20) to 109 (RS -12) lots could be
developed but due to existing development and fragmented ownership it will be
difficult to achieve the maximum number of lots. The portion of Zone 4 within
the City was recently zoned RS -20 as a part of the Riverview Area 2 Annexation
and much of the County portion of Zone 4 is also zoned RS -20.
AGENDA REPORT NO. 25
FOR: City Council 0 / Date: 05/21/2013
TO: Gary Crutchfi7Public anager
FROM: Ahmad Qayo Works Dir ect Workshop: 06/10/13
Regular: 06/17/13
SUBJECT: Six -Year Transportation Improvement Plan 2014 - 2019
I. REFERENCE(S):
1. Proposed Plan
2. Resolution
3. Map
II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS:
06/10: Discussion
06/17: Conduct Public Hearing
06/17: MOTION: I move to approve Resolution No. thereby adopting
the City's Six -Year Transportation Improvement Plan for 2014
.2019.
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 annual 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 June 17, 2013, and
that Council adopt the plan by resolution.
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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 2014 - 2019" 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 17th Day of June, 2013,
Matt Watkins
Mayor
ATTEST:
Debra L. Clark
City Clerk
APPROVED AS TO FORM:
Leland B. Kerr
City Attorney
NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE that the City Council of the City of Pasco will hold a public
hearing to consider adoption of the Six -Year Transportation Improvement Program.
THEREFORE, LET ALL CONCERNED TAKE NOTICE that a Public Hearing will be
held by the City Council of the City of Pasco, Washington in the City Council chambers, Pasco
City Hall, at the hour of 7:00 p.m., June 17, 2013 so that all concerned may appear and present
any objections or support for the proposed adoption of the Six -Year Transportation Improvement
Program.
Debra L. Clark
City Clerk
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FOR: City
TO: Gary Crutchfi2
Rick White,
Community &
AGENDA REPORT
v�l
Development Director
FROM: Angela R. Pitman, Block Grant Administrator
June 6, 2013
Workshop Mtg.: 6/10/13
Regular Mtg.: 6/17/13
SUBJECT: Revision of HOME Consortium Agreement for Kennewick Pasco and Richland for
Program Years 2014 -2016 (AGRMT2013 -004)
I. REFERENCE(S):
A. Summary of Additions & Changes
B. Cooperative Agreement of the Tri- Cities HOME Consortium
C. Proposed Resolution
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
6/10: DISCUSSION
6/17: MOTION: I move to approve Resolution No. , revising the HOME Cooperative
Agreement between the Cities of Pasco, Kennewick and Richland for
Program Years 2014 -2016.
III. FISCAL IMPACT:
Pasco's share of federal HOME funds in 2013 is $145,256. It is estimated that Pasco will be awarded
approximately $435,000 over the next three years.
IV. HISTORY AND FACTS BRIEF:
A. Pasco entered into a HOME consortium agreement with Richland and Kennewick in 1995,
making the city eligible for federal HOME funds. The populations of the individual cities
alone do not meet the U.S. Department of Housing and Urban Development (HUD)
minimum. By joining together in a consortium, funds are available to the three cities.
B. The original consortium agreement ran from 1995 through 1998, The cities then agreed to
enter into a new three -year agreement, as authorized by HUD through 2001. Thereafter, the
agreement has been renewed every three years. In 2007, the agreement was amended to
renew automatically unless one of the cities objects. The renewal clause requires the City of
Richland as lead representative for the consortium to notify participating jurisdictions of
their opportunity to not participate in the subsequent three -year period (2014 - 2016).
C. A revised cooperative agreement, restructured for compliance with HUD requirements, is
required for the consortium to receive HOME entitlement funds from HUD and to renew the
agreement for the next three years. Richland has expressed their willingness to continue as
lead representative to the consortium.
V. DISCUSSION:
A. In 20123 the consortium agreement was monitored by HUD. As a result of that monitoring it
is necessary to revise the agreement to incorporate required elements previously missing
from the original agreement.
B. Item 3 of the attached Summary of Additions & Changes incorporates automatic renewal
language from a separate amendment to the previous agreement into the revised agreement.
Items 1 and 2 define roles and responsibilities for the Lead Agency and the member cities.
Items 4 -10 further delineate administrative roles and responsibilities for the Lead Agency
and member cities.
C. Funding through the HOME consortium allows Council to designate a variety of programs
designed to increase the supply of decent and affordable housing to low income residents.
4(e)
Tri- Cities REVISED HOME Consortium Agreement
SUMMARY OF ADDITIONS & CHANGES
Background
To secure a direct allocation of funding via HUD's HOME Investment Partnership
Program (HOME), the cities of Kennewick, Pasco & Richland formed a HOME
Consortium. This requires the three cities to coordinate activities, administration and
compliance. The Consortium structure is laid out in the Tri- Cities HOME Consortium
Cooperative Agreement.
In response to a HUD monitoring of the Consortium's HOME activities and in
coordination with HUD - funded technical assistance, the following Consortium
Agreement has been modified to improve clarity & compliance with HUD's HOME
Investment Partnership Program (HOME). Most changes are required by the HOME
program or are recommended by the technical assistance consultant.
Important to Know:
1. The agreement is due to HUD by June 30, 2013.
2. The Tri- Cities HOME Consortium is in the process of discussing changes to how
the Consortium operates. Because no final decisions have been made, the
attached agreement will serve as an interim agreement that encompasses only
required and minor changes as listed below. We expect to further modify the
agreement at a later date.
3. The attached revised agreement has been reviewed by each city's HOME staff.
List of Additions & Changes Made to the Previous Agreement
1. Improved definition of Richland's role as "Lead Entity" for the Consortium. This
includes items such as retaining final approval and contracting authority, ability to
redistribute funds to insure timeliness and compliance, etc.
2. Addition of the role of "Subrecipient Administrator" for Kennewick & Pasco. The
clarification of this role will necessitate HOME agreements to be executed
between Richland as Lead Entity and Kennewick & Pasco for any activities
where those cities administer and implement HOME programs /activities.
3. Integration of automatic renewal language that was previously included in a
separate amendment to the previous Consortium Agreement.
4. Shortening of timelines /deadlines to better comply with existing and new HOME
timelines /deadlines. These include turnaround time on Lead Entity requests for
documents, deadlines for committing and expending funds, and so on.
5. Retention of CHDO funds by Lead Entity, with project selection to be managed
by all members of the Consortium. (See Section 4.d.ii & 41)
6. Delineation of how Program Income will be managed by the Lead Entity.
7. Modification of language around HOME Match responsibilities.
8. Acknowledgement that Consortium members may have responsibilities to insure
long -term compliance
Instead of recording
the agreement with Benton and
Franklin
County Auditors,
the agreement shall
instead be posted on Richland's
website
(Section 9)
10.Addition of each city's attorney to the signature page of the agreement.
After recording please return to:
City of Richland, Housing and Redevelopment
Attn: Deborah F. Bluher
P.O. Box 190, MS
Richland, WA 99352
COOPERATIVE AGREEMENT
THE TRI- CITIES HOME CONSORTIUM
FORMED UNDER THE
NATIONAL AFFORDABLE HOUSING ACT
PROGRAM YEAR 2014 - 2015 -2016
This agreement is entered into between the Cities of Kennewick, Pasco, and
Richland, municipal corporations of the State of Washington (Members), for the purpose
of continuing participation in a Consortium originally formed in 1996 under the HOME
Investments Partnership (HOME) Program. This Agreement replaces the previous,
automatically- renewing HOME consortium cooperative agreement and will be renewed
automatically for participation in successive three -year qualification periods. This
Agreement will become effective upon adoption of the parties and final approval by the
U.S. Department of Housing and Urban Development (HUD).
WITNESSETH
WHEREAS, the Federal Government has enacted the national Affordable
Housing Act (NAHA), the primary objective of which is to increase the supply of decent
affordable housing to low and very low income families, which created the HOME
Investment Partnerships Program (HOME Program) administered by the U.S.
Department of Housing and Urban Development (HUD) through regulations at Title 24,
Code of Federal Regulations, Part 92 (HOME Regulations); and
WHEREAS, said regulations allow units of general local governments to form
consortia for purposes of obtaining funds under the HOME Program; and
WHEREAS, the Members are geographically contiguous units of local
government eligible to form a consortium under said regulations; and
WHEREAS, the Interlocal Cooperation Act, Chapter 39.34 RCW permits local
governmental units to enter into agreements to cooperate for certain beneficial
purposes; and
WHEREAS, The Members have determined that continuing as a consortium will
increase the level of HOME Program funds potentially available for use within their
combined jurisdictions, and thereby increase the combined ability of the Cities to assist
in meeting the affordable housing needs of the population:
NOW, THEREFORE, the parties agree as follows:
SECTION 1: DEFINITIONS
a. "Consortium" means the arrangement formed by this agreement, and
"HOME Program" means all of the activities assisted with HOME funds
received from HUD pursuant to the Consortium.
b. "Member" means the Cities of Kennewick, Pasco, and Richland municipal
corporations of the State of Washington and units of local government.
N
C. "Tri- Cities HOME Consortium" means the particular Consortium operating
under the HOME Program consisting of the Cities of Kennewick, Pasco,
and Richland.
d. "Lead Entity" means the unit of local government designated by the Tri -
Cities HOME Consortium to act in a representative capacity of all
members for the purposes of this agreement. The Lead Entity will assume
overall responsibility for ensuring that the Tri- Cities HOME Consortium is
administered and operates in compliance with the requirements of the
HOME Program. The Lead Entity serves as the official and primary
contact between HUD and the Tri- Cities HOME Consortium.
e. "Subrecipient Administrator" refers to Members other than the non -Lead
Entity who performs some HOME administrative roles as delineated under
separate, specific HOME Written Agreements.
f. "Consolidated" means jointly developed with unity from a regional
perspective of the Members.
g. "Program Year" means the annual fiscal year of January 1st to December
31 st
h. "CHDO" means a Community Housing Development Organization as
defined by the HOME Investment Partnership program.
SECTION 2: GENERAL PROVISIONS
a. The Members agree to cooperate to undertake housing assistance
activities in compliance with the federal HOME statute and regulations as
identified at Title 24, Code of Federal Regulations, Part 92.
b. The Members agree to cooperate in maintaining compliance by the Tri -
Cities HOME Consortium with federal Consolidated Plan regulations at
Title 24, Code of Federal Regulations, Part 91. Each member shall also
cooperate with the Lead Entity in conducting citizen participation,
planning, and programming, as necessary for the Lead Entity to submit to
HUD the Consortium's Consolidated Plan. Each member shall assure that
its separate processes and procedures comply with the Consolidated Plan
regulations.
C. The Members agree to jointly develop a combined Consolidated Planning
Strategy (CPS) for each of the Federal fiscal years covered by this
cooperative agreement for submission to HUD. The CPS will be
comprised of a consolidated Market Analysis and Housing Needs
Assessment, consolidated Five -Year Planning Strategy, and annual Plans
for implementation of the strategy for the Tri- Cities HOME Consortium.
The Housing Strategy will be developed to address needs over the three -
city area with components identified that are unique to each Member;
however, each Member will independently address non - housing
community needs.
d. The Members agree to affirmatively further fair housing in compliance with
all applicable statutes and regulations.
e. This agreement provides for automatic renewals of participation in
successive three -year qualification periods in perpetuity by the date
specified in HUD's consortia designation notices or listed on HOME's
Consortia web page. The Lead Entity will notify each consortium member
in writing of its right to not participate for the successive three -year
qualification period, with a copy of the notification forwarded to the U.S.
Department of Housing and Urban Development field office. Each
member that does not intend to participate in the next qualification period
3
with the consortium must submit written notification to the Lead Entity
within 30 days of request. The Lead Entity will provide copies of these
communications to its HUD Field Office to provide notification of any
change in consortium membership.
This automatic renewal provision requires all Members of the Consortium
to formally adopt by Council resolution any amendments to the agreement
that incorporate future changes necessary to meet the requirements for
consortia agreements in subsequent qualification periods.
The automatic renewal provision will be void if the lead entity fails to notify
a consortium member of its right not to participate for the next qualification
period, or the lead entity fails to submit a copy to HUD of each
amendment to the agreement as required.
SECTION 3: COMPLIANCE WITH FEDERAL REGULATIONS
All Members of the Consortium agree to comply with the applicable portions of: CFR
Title 24, Part 92 HOME Investment Partnerships Program; the Housing and Community
Development Act of 1974 as amended; CFR Title 24, Chapter V, Part 570; CFR Title
24, Part 58; Title VI of the Civil Rights Act of 1964; Title VII of the Civil Rights Act of
1968; Section 109 of the Housing and Community Development Act of 1974; Section 3
of the Housing and Urban Development Act of 1968; Executive Orders 11246, 11063,
and 11593, the Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970; OMB Circular A -122 and attachments A, B, C, F, H, N and O, The
Archeological and Historical Preservation Act of 1974; the Architectural Barriers Act of
1968; the Hatch Act, Chapter 15 of Title 5 U.S.C.; the Flood Disaster Protection Act of
1974; the Clean Air Act (42 U.S.C., Section 1251 et seq.); and the Drug -Free Workplace
Act of 1988.
SECTION 4: PROGRAM ADMINISTRATION
a. Lead Entity. The City of Richland is hereby designated the Lead Entity for
the Consortium. The Cities of Kennewick and Pasco are Consortium
Members who act as Subrecipient Administrators.
b. Lead Entity Responsibilities. The Lead Entity shall assume overall
responsibility for ensuring the Consortium's HOME Program activities are
carried out in compliance with HOME Rules in CFR Title 24, Part 92,
including requirements concerning a Consolidated Plan in accordance
with HUD Regulations in CFR Title 24, Part 91.
The Lead Entity shall be specifically responsible for the following:
i. Establish a local HOME Investment Trust Fund Account
ii. Receive, disburse, and account for all HOME Program and
matching funds.
iii. Collect all required reports and data from the members,
subrecipient administrators, CHDOs, and developers, and submit
them to HUD
iv. Send Members a copy of correspondence from HUD within 48
hours of receipt, and copy members on correspondence from Lead
Entity to HUD.
V. Provide written procedures for Integrated Disbursement and
Information system (IDIS) reporting, including explanations of who
has access to the system, how funds are sub - allocated in the
system, who is required and allowed to make entries in the system,
and at what times.
vi. Provide written procedures for the disbursement of funds to include:
9
• how Members or their sub - recipients request HOME funds
from the Lead Entity
• processing time needed by the Lead Entity
• description of documentation required to accompany
requests.
vii. Provide written procedures for record keeping, reporting and
monitoring.
viii. Description of the system and format for keeping records of
program delivery, and meeting all HUD reporting requirements,
including:
• marketing activities
• environmental reviews
• application and award activities
• incurred obligation and contribution of required match funds
• federal cross - cutting activities
• Community Housing Development Organization (CHDO)
designations and
• CHDO activities when applicable under Section 4.f below.
ix. Description of the intended system and format for monitoring
projects through applicable period, including:
• listing of staff responsible for monitoring duties
• procedures for monitoring HOME rents, eligible residents,
resale by homeowner
• properties, Fair Housing and Equal Opportunity, and property
standards
• procedures for notifying HOME recipients about monitoring
schedules
• steps and recourse that can be taken to ensure compliance
by recipients HOME funds.
X. Enter into HOME Written Agreements, administer, and monitor
activities of sub - recipients who have contracted with a Member to
deliver a specific HOME program, including Members acting as
Subrecipient Administrators.
A. Prepare and submit HOME performance reports for Consortium
activities.
C. Member Responsibilities. Each Member shall be specifically responsible
for the following:
i. To supply to the Lead Entity, within 14 days after request, copies of
all documents which the Lead Entity is required to submit to HUD,
including, but not limited to, the Member's housing CPS and Annual
Action Plan.
ii. To supply to the Lead Entity a written description(s) of their HOME
program(s) prior to contracting with another entity to deliver the
program(s). Lead Entity retains final approval and contracting
authority. Descriptions should include:
• copies of program description
• listing of responsible staff for each step in the delivery of the
program
• methods of affirmative marketing
• methods of procurement
• steps taken and standards imposed for the application and
review process leading to the award of funds
• to utilize Consortium approved forms, policies, and
procedures.
II'
To affirmatively further fair housing in their jurisdictions. Such
actions may include planning, education, outreach, and
enforcement activities.
iv. Quarterly and annual performance reports regarding HOME
activities.
V. Other documents as required by separate HOME written
agreements governing relationship between the Lead Entity and
Members acting as Subrecipient Administrators.
d. Allocation of HOME Funds. HOME funds will be allocated between the
Members in the following manner:
i. Ten percent (10 %) of the overall allocation, or a higher amount if
allowed by the HOME program, will remain with the Lead Entity for
administrative costs.
ii. Fifteen percent (15 %) of the overall allocation will remain with the
Lead Entity to be utilized for CHDO Set -Aside activities. CHDO
projects will be identified by Members on a rotating basis, as
described in section 4.f below.
iii. The remaining balance of the overall allocation shall be invested in
down payment assistance and affordable housing development.
These funds shall be divided among Members based on the HOME
Program's formula for weighting allocations, described in the
HOME Final Rule at 24 CFR Part 92.50, c (1 -6).
Each member is entitled to plan for the expenditure of funds in an
amount equal to their share of the HOME grant award, as is
determined during each fiscal year of this agreement. Members
may choose to pool their funds to collaborate in funding projects or
activities or may choose to pursue projects independently as
current housing needs change and opportunities arise.
If desired and applicable, the Cities of Kennewick and Pasco may
serve as Subrecipient Administrators to the Lead Entity to oversee
investment of their respective portion of HOME funds in down
payment assistance and /or affordable housing development.
e. Funding Timelines. Any HOME funds set aside for a Member and not
committed to a project within 18 months, or expended within 42 months of
the award of HOME funds to the Tri- Cities HOME Consortium, will be
made available to other projects across the Consortium. Reallocation will
be executed by the Lead Entity with written notification of affected
member(s). Members are aware that if funds are not committed and
expended according to effective HUD deadlines, that HUD will recapture
the funds. Such a recapture will reduce the availability of funds for that
individual member by the amount determined by HUD to be in non-
compliance.
f. CHDO Set Aside. Fifteen percent (15 %) of the overall allocation will
remain with the Lead Entity to be utilized for CHDO Set -Aside activities.
Members will work together to identify CHDO projects, and funding will be
based primarily on community impact, developer capacity, project
feasibility, and readiness to proceed. Members will aim to rotate the
location of CHDO projects when possible. After Members identify CHDO
project(s), the Lead Entity will perform required administrative duties to
assess, approve, and fund projects.
g. Program Income. Program income must be remitted to the Lead Entity
within 30 days of receipt. HOME Program Income, as defined in federal
regulations, generated by a Member shall be added to the amount of
HOME funds constituting the Member's share as defined in Section 4.d.iii:
Allocation of HOME Funds above, and the approved Annual Action Plan.
At the Member's option the allowable percentage of program income may
10
be used by individual member to be applied towards eligible and allowable
administrative costs incurred by the Member. Administrative costs over
the allowable percentage are the responsibility of the member. Each
Member acting as a Subrecipient Administrator will be responsible for
providing a recap of expenditures, and other documentation as may be
requested by the Lead Entity, within 30 days to the Lead Entity and will
submit to Lead Entity any interest earned on the retained HOME dollars.
In. Administrative Costs. Each Member will be independently responsible
for any administrative costs each incurs associated with the 1)
development and implementation of the CPS, 2) the annual re-
examination of needs prior to setting each year's Action Plan, and 3) the
awarding of HOME program funds to sub - recipients, CHDOs, and /or other
developers.
i. HOME Match. Each member is responsible for tracking & reporting
HOME Match for the projects they fund, implement and /or oversee.
Should the Consortium's accrued Match balance fall below one full year's
Match obligation, each Member shall be responsible for generating the
required match based on their share of HOME funds. If the Match cannot
be supplied by the responsible Member, then HOME funds and associated
match obligation may be transferred to another Member by Lead Entity. If
a member fails to supply sufficient match, their share of HOME funding
may be reduced commensurate with the match deficiency, as delineated
in any related Subrecipient Agreements.
Repayment of HOME Funds. The Lead Entity has the responsibility to
repay any HOME funds to the HOME Investment Trust Account that HUD
determines were not used in accordance with the HOME regulations. To
the extent a Member acting as Subrecipient Administrator, was the entity
that did not use the funds in compliance with regulations, then upon the
repayment of funds by the Lead Entity, the above said Member will
immediately reimburse the Lead Entity. To the extent that a sub - recipient
or CHDO with the entity did not use the funds in compliance with
regulations, then the sub - recipient will be responsible for reimbursing the
Lead Entity.
Should any member fail to meet any of the obligations or exceed any of
the limitations described herein or as provided in written agreements, and
should such failure jeopardize compliance of the Consortium as a whole,
the Lead Entity has final control over re- distribution of funds among
members in order to insure that all grant requirements are met.
k. Reporting & Records. Each member agrees to immediately make
available to the Lead Entity upon request, all records and access
concerning the activities carried out under this agreement for inspection by
the Lead Entity, State or Federal Officials.
I. Expiration. Upon failure to renew this Cooperative Agreement or extend
its term as defined in Section 6.a., the balance of funds, which have not
been committed, will be returned to HUD for reallocation. Committed but
incomplete projects and activities will be completed by the respective
Member who, acting as a Subrecipient Administrator, initiated such project
or activity.
M. Long -Term HOME Requirements. Members acknowledge they each
may have obligations to abide by HOME requirements throughout a
project's long -term period of affordability that may extend well beyond the
expiration of this Cooperative Agreement. The Lead Entity is responsible
for long -term requirement per HOME regulations, and Subrecipient
VA
Administrators will be responsible as delineated in their individual HOME
written agreements with the Lead Entity.
SECTION 5: DISTRIBUTION OF FUNDS
The Lead Entity shall issue a Notification of Fund Availability (NOFA) indicating the
amount of funds available to each Member no later than 30 calendar days from
notification by HUD that HOME funds have been awarded to the consortium. An activity
shall be considered eligible if it conforms to the requirements of CFR Title 24, Part 92.
SECTION 6: TERM OF THE COOPERATIVE AGREEMENT
a. The Members agree that the term of this Cooperative Agreement is the
length of time necessary to carry out all activities that will be funded from
funds awarded for three federal fiscal years [NEW YEARS]. Program year
start date for the Consortium is January 1.
b. The Members also agree that they will remain Members of the Tri- Cities
HOME Consortium for the entire period.
C. This Cooperative Agreement provides for automatic renewals of
participation in successive three -year qualification periods, per Section
2.e: General Provisions of this Agreement.
SECTION 7: ADMINISTRATIVE FEES
The HOME Consortium will retain ten (10) percent of the grant or the maximum allowed
by the program regulations for administration and management of the HOME program.
The Lead Entity will oversee an annual process to budget administrative fees. Only
costs associated with the management and administration of the HOME program may
be charged against HOME administrative allocations. Program income generated by
other member programs will not be included in the 10% calculation unless agreed upon
by the respective Member.
SECTION 8: AMENDMENTS
Amendment to the Cooperative Agreement for the Tri -City HOME Consortium shall be
by unanimous agreement of the Members. This includes an amendment to add new
Consortium Members. Members agree to jointly develop amendment language for
approval by the respective Member's City Council.
SECTION 9: POSTING OF DOCUMENT
Upon execution of this document by the entities involved and approval by HUD, this
document shall be posted on the Lead Entity's website for purposes of meeting the
recording requirements of RCW 39.34 Interlocal Cooperation Act.
N
COOPERATIVE AGREEMENT SIGNATURE PAGE
THE TRI- CITIES HOME CONSORTIUM
City of Kennewick
Title:
City of Pasco
Title:
City of Richland
Title:
APPROVED AS TO FORM:
Thomas O. Lampson, City Attorney, City of Richland
Lisa Beaton, City Attorney, City of Kennewick
Date
Date
M.
R
M
Leland B. Kerr, City Attorney, City of Pasco Date
RESOLUTION NO.
A RESOLUTION APPROVING REVISED HOME COOPERATIVE AGREEMENT
AND RENEWAL FOR TRI- CITIES HOME CONSORTIUM OF KENNEWICK,
PASCO, AND RICHLAND CONSORTIUM UNDER THE NATIONAL
AFFORDABLE HOUSING ACT FOR PROGRAM YEARS 2014 -2016.
WHEREAS, the Cities of Kennewick, Pasco and Richland entered into a cooperative
agreement to form a consortium to increase the local supply of decent affordable housing to low
income residents as authorized by Public Law 101 -625, the National Affordable Housing Act of
1990 (NAHA); and
WHEREAS, the members of the Consortium revised the agreement for renewal through
program years 2014 -2016, NOW THEREORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO:
That the City Council approves the revised HOME Consortium Cooperative Agreement
and renewal with the Cities of Kennewick and Richland for program years 2014 -2016 and
authorizes the City Manager to sign the agreement.
BE IT FURTHER RESOLVED that this Resolution shall take effect immediately.
PASSED by the City Council of the City of Pasco this day of June, 2013.
Matt Watkins
Mayor
ATTEST:
Debra L. Clark
City Clerk
APPROVED AS TO FORM:
Leland B. Kerr
City Attorney
AGENDA REPORT
FOR: City Counci
TO: Gary Crutch i it Manager
FROM: Stan Strebel, D uty City ManagerC�}
SUBJECT: Electronic Council Agenda Packets
I. REFERENCE(S):
June 4, 2013
Workshop Mtg.: 6/10/13
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
6/10: Discussion
III. FISCAL IMPACT:
Depends on implementation
IV. HISTORY AND FACTS BRIEF:
A) The concept of using tablet computers and an electronic agenda packet was
further discussed at the May 13 City Council meeting. At that meeting,
Councilmembers had questions as to the possible requirement for disclosure of
the members' individual internet records from their Internet Service Provider
(ISP) pursuant to a public records request in the event of using their WiFi service
to access packets and email. The City Attorney has provided a memo, which
discusses this issue in light of the Public Records Act (PRA). It appears that
unless the city has previously used records (such as ISP records) for a city
purpose, they would not reasonably fall under the PRA.
B) While staff has proposed the use of tablet computers with only WiFi capability as
the most cost effective approach, it has evaluated other possible alternatives
including: 1) loading devices at City Hall via City internet and subsequent
delivery to Council (it is suggested that this approach will be cumbersome, not
likely to result in savings and not convenient to Council), or 2) allowing the
devices remote access to the City's system via a "virtual private network" (this
approach was tested and found to be not possible with the proposed equipment).
C) One additional approach would be to purchase tablets with cellular capability.
This would allow 24/7, anywhere internet service to the devices. Additional costs
would include approximately $140 per device, total $988; plus monthly service
charges of about $40 /month/device, for an additional total annual expense of
about $3,360. With this concept, it would be expected that all records from the
device /service would be subject to disclosure under the PRA.
V. DISCUSSION:
A) Staff invites any further discussion, questions or Council direction on this issue.
4(f)