Loading...
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 I _ ,U9L / 1 � a E�Z H ` N N ol 3=\ f 760' { n _• r l pa 2 OOTO �0N O ti cNj VJ 1 W w O _ a � Ix W CL W U? F_ D 8 r u�yi w i :ia ou 2< ny C� O L O S Q O � F s - - - - -- . I I - --------- n w o _ -__.✓ U Al a-. e1- U J Q - 1 E _ s E O O N LL E Y 0 Q U a % T u S r9 ° r9 r9 4 m1 i o 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. 4(d) M_ O � N 0 � O �I v O A� W •rma�y V1 r�rTI� FBI V T z � N it o� � o O o N � N � � r�r VV ^I W w O PENN y 0 a QI �I M_ O � N 0 � O �I v O A� W •rma�y V1 r�rTI� FBI V T z � N it b w a 'o � a w w •Y w � � ° F o •o •o .n a L v' Q G OL .4 L) O O O O O O p 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O U O a O a O O Cd O O O O O O O O O O O O O O O O O F F F F� F OO O aC�cn�4cn O O O O O O U¢V O O V] V] ]Vi O O O O O O O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O C O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O --� N 0 0 0 0 O b N N O o0 O o0 M V l� N oo � E L °o N N dy 69 69 69 69 69 Ei3 69 rA 69 69 69 H3 69 69 69 69 3 � U c o Cn Q ❑ O_ c O O_ O_ CA T1 v � V Y V V N y b 3 z E C C > ON O O y O y w Q •-� m v] 3 w »» L ¢ N O w O 0 ° vi .n v� vi m O zr N N 7 V O� M N o0 AO O O O_ O_ .C°. d O tr 4: ca N � cLd c� O C p U m » »> x Wwr4NCGO Q�r� h _ w 2 b C V C N 0 N n U U C 3wa.s m C O G w W CL C °/ C/) V1 C ° ic! U m .Ny W cn qc v� d ° w b rL < o tb �. oo�¢w�„�Ob�'OUdx ctl x 3 W � a > > > a C '�" j o F4 o U) Vn C* C y Q b W N ro O N O b C L b /•�� Q C4 c > �¢� !�vw �Q�3^ d O x d U FG O O O O n tc N O O O O c4 U > > v,� o w a � a w •Y .4 L) O O O O O O p 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O M O O O 00 �D N O O Vl 0 0 Vc N GO N O --+ V't O � N v� 69 Eli 69 Hs 69 H3 69 69 69 69 69 69 69 CO � L °o dy 3 � c o Cn ❑ O_ c O O_ O_ CA T1 � V Y V V N C C O O O O . »» w 0 U m h _ 2 b C V C N N n U U C 3wa.s m C O w W U QUO' C °/ C/) V1 C FC ic! U m .Ny W cn qc v� d ° w b rL < o tb �. oo�¢w�„�Ob�'OUdx > > > N i N W IL ^^I �i Iti1 Q • F* ^�I ill 1LI •rrr ^�y V1 V W� cz PO O 1� u M O N N U L R O !a F 'ad 'CQ y 7 F 7 'wfl 2CQ7y O Cd > 4"1 w0 u C > , wr a ¢ O wo> 7 •¢�' C¢ •F•W ed Qd �aC F �> �¢ � �•Q � dF •w Qn O > o C > o F F H >> Q z caC � o7 �b � 37 3 ooa��¢C 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 c o t o O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o0000000�00� 0000000000 0_0_00 U O � N o0 D, O N O M N C) N N Q M .O 69 69 69 69 69 69 69 69 69 69 Vi 69 69 fA 69 fie 69 69 69 Efi 69 H3 69 H9 ff3 69 69 N d o i > U r h v. rn y ❑ o �c r m m v M O QO O O O O �' bh N R7 O 0 %Y+ N �i b C V] U J".. fC O O Y G O O N O '' �` O y •a+ a+ [� 'd C .> W ni (tl ld CC O 7 O U U p *+ O 0 0 N U U v N U U U U 0 0 O O O O O O (iI yy p 0 0 0 CCi N v� rn w w 7 vi 7 7 vNi > en y '� U "c7 � �„ b ¢ C ¢ 'O P.. m 7 d' •� •O •� aU+ b a+ N .O .O N •C O O O rty O c�tl m N O O q V] W p O c�C ciC m c� O 1>1>1>1> N !yi ¢ ¢ N i > > W ¢ ¢ O CG 1=. 17 17 CG Q V W CCq O w M W❑❑ O d v b N C G N O �' py N ctl i1. C N l-. CL E > ctl cd `� U p U U vNi p N v y� W p �_ 0.1 U 9 N O U a ❑ N bc v� F. !1i L' x A w O 7 " iC Icy F U y �� N Vl fC RS zr U N U¢ L VI V tc R p bc > I--I cd ❑ i ��i U W/ I—�i cy C yam, U cd U OcG ¢un Fj x ctl ¢ cl) ¢ W �: ..`�.. ❑ N i0 > N t'x.. ,� Q ,w U O U Pr G a, b O 3 °�° a Q ¢ w b b d N¢Ox �33� N¢Ox N¢O cl �3� cl� c m '� o o_° <= 't� oNO•3cG 3 a y 0qq POO ? °O�ddw° a0¢r� > °¢rcCr� cn �v w Y�O °QO IIIIIII, > , , W T '-. N , , , N N r7 .�. N 17 00 •�-I N r7 17 '-+ N O� N i O 3., A CC �I eOe � I� .O �I O t� i.i u�u 1r�T� I� V O • r..l M O N � 1 W W W O 0 P. b w v � > o o F C7 w F w o •° p'aaw c �w4 waa °cG U F C7 O Q Fi F cl V) i t7 C7 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 �+ o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Co 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00000000ovi V S% O 0 Ono 69 69 69 69 69 69 69 FA 69 69 EA 609) 69 69 N N > ; > t > U 0 0 x N U Vi V nr •b b 'O F F F b "b b ro O O� F ❑ O O •UV "�' F NN ❑ .d A Ri rn cd > > E" a a¢ d F o> x x x V o v bb oo O 0 U O U U y a� O � O _ x O Q CL F N U b c3 LC F _ V1 O U [%� '> N F ti gyp, 0 uo O v N i p O X r V] tc 0 o a >> U a o y O F t N N y y V W ctl ° ° ro b •C '3 °o Q Ca tc ° rL ¢ ¢ a a x v,C/� N " 'l N N N N N N M M M M M TA 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 O a 964 0 O'ICI r 1�aN a Q N ro vi I 0 I 4 ME P 4 qw 4f Y� 8 1 m r W 4 1' a a 4y 4 �6O U� a= I D�Fi Hsi aW d' ^O c'o b °O �'ral 4 > ai of a a'ata¢atl�u _ a z � yla'� m 0 °a a ¢ alb xlla v", � bt�oo N N�N ai N o. m —N.�v mm mm ml y y ICI L.. gig e O III d o avi "°iroO ��'evU 4 z a aljlb b �3 3iQ�i C�e: va y ayb Q�b v���•I.0 �I� w'3 vI VR a .Q a,ax,�,c°ealN'a°aa ik �� NN N NNN N I0. I 9 U E' hlal� pI CAI �4 = C o� = �Ib d a �.�,� O O OIOirLiU o N m Vi, vplb ii I Bi U CiCCiii � N� A z�W12 'hd _I o ao 'QYIs 3aa 8 z m �jqa Q v y o v olv� L) �aH3 pa i d o ci ffi ,I w 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)