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HomeMy WebLinkAbout2014.09.29 Council Workshop PacketAGENDA PASCO CITY COUNCIL Workshop Meeting 7:00 p.m. September 29, 2014 1. CALL TO ORDER 2. ROLL CALL: (a) Pledge of Allegiance. 3. VERBAL REPORTS FROM 4. ITEMS FOR (a) Natural Gas for Transportation - Taxation: 1. Agenda Report from Stan Strebel, Deputy City Manager dated September 24, 2014. 2. Natural Gas for Transportation - RCW 82.12.022. 3. Natural Gas for Transportation - Letter from BDI dated 9/22/14. (b) Waiver of Sewer Utility Service Requirement (MF #USW2014 -002): 1. Agenda Report from Rick White, Community & Economic Development Director dated September 17, 2014. 2. Sewer Waiver- Vicinity Map. 3. Sewer Waiver - Overview Map. 4. Sewer Waiver - Proposed Utility Service Waiver Agreement. (c) Pretreatment Program - Multijurisdictional Agreement: 1. Agenda Report from Ahmad Qayoumi, Public Works Director dated September 15, 2014. 2. Pretreatment Program - Resolution. (d) Parking Ordinance Revisions: 1. Agenda Report from Mike Pawlak, City Engineer dated September 17, 2014. 2. Parking Ordinance Revision - Vicinity Map. 3. Parking Ordinance Revision - City Engineer's Memo. 4. Parking Ordinance Revision - Ordinance. (e) Historic Preservation Title 27 Code Amendment (MF #CA2014 -001): 1. Agenda Report from Jeffrey Adams, Associate Planner dated September 23, 2014. 2. Historic Preservation Title 27 Code Amendment - Proposed Ordinance. 3. Historic Preservation Title 27 Code Amendment - Bylaws of the HPC. 4. Historic Preservation Title 27 Code Amendment - Planning Commission Minutes dated 7/24/14 and 8/21/14. (f) Sewer Extension Policy: 1. Agenda Report from Dave McDonald, City Planner dated September 25, 2014. 2. Sewer Extension Policy - Proposed Resolution. (g) Sole Source Purchase WTP Intake Equipment: 1. Agenda Report from Mike Pawlak, City Engineer dated September 25, 2014. 2. WTP Intake Equipment - Proposed Resolution. 3. WTP Intake Equipment - Price Quote. 4. WTP Intake Equipment - Memo. 5. WTP Intake Equipment - Vicinity Map. (h) Code Amendment for Employee Recognition: 1. Agenda Report from Stan Strebel, Deputy City Manager dated September 22, 2014. 2. Code Amendment for Employee Recognition - Proposed Ordinance. (i) Memorial Pool Presentation. (NO WRITTEN MATERIAL ON AGENDA) Presented by Rick Terway, Administrative & Community Services Director. 5. OTHER ITEMS FOR DISCUSSION: (a) (b) (c) Workshop Meeting 2 September 29, 2014 6. EXECUTIVE SESSION: (a) (b) (c) 7. ADJOURNMENT REMINDERS: 1. 12:00 p.m., Wednesday, October 1, 2601 N. Capitol Avenue — Franklin County Mosquito Control District Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; AL YENNEY, Alt.) 2. 5:30 p.m., Thursday, October 2, P &R Classroom — Parks & Recreation Advisory Board Meeting. (COUNCILMEMBER SAUL MARTINEZ, Rep.; MIKE GARRISON, Alt.) AGENDA REPORT FOR: City Council September 24, 2014 TO: Dave Zabell, City Manager Workshop Mtg.: 9/29/14 FROM: Stan Strebel, Deputy City Manag&l;*— SUBJECT: Natural Gas for Transportation - Taxation I. REFERENCE(S): 1. Natural Gas for Transportation – RCW 82.12.022 2. Natural Gas for Transportation – Letter from BDI dated 9/22/14 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 9/29: Discussion III. FISCAL IMPACT: 8.5% Utility Tax on BDI CNG use for 9 months = approximately $16,000 1% Sales and Use Tax on BDI CNG use for 1 year = approximately $2,500 IV. HISTORY AND FACTS BRIEF: A) The 2014 State Legislature adopted ESSB6440 which provides for an exemption from utility tax for Compressed Natural Gas (CNG) or Liquefied Natural Gas (LNG) if the consumer uses the gas for transportation fuel. The exemption goes into effect July 1, 2015. B) Basin Disposal Inc. (BDI) has been in the process of converting its fleet of solid waste collection vehicles to use CNG and will qualify for the exemption. BDI has requested that the Council modify the Municipal Code to provide the exemption from City utility tax in advance of the state law effective date. The early implementation of the exemption will result in an estimated reduction in utility tax of an estimated $16,000 for the approximate 9 -month period. As noted in BDI's request, the lower cost of fuel and taxes will be passed along to its municipal rate payers who now pay a variable solid waste rate due to a contracted fuel cost surcharge. C) The state law, which creates the exemption from utility taxes for CNG for transportation purposes, also provides authority for a municipality to apply its (1 %) sales and use tax to transportation CNG. BDI has also requested that the City not extend the sales tax as authorized. The net effect of the sales tax on an annual basis (at current use rates) for BDI is calculated at $2,500. Forbearance on this tax would likewise provide direct benefit to rate payers. D) A representative of BDI will attend the meeting of Council to discuss the requests and answer questions. Following discussion, staff will move to prepare to implement any direction of the Council. 4(a) Exemptions — Sales of natural or manufactured gas. The tax levied by RCW 82.08.020 shall not apply to sales of natural or manufactured gas that is taxable under RCW 82.12.022. However RCW 82.12.022 will change on July 1, 2015 to provide an exemption: RCW 82.12.022 Natural or manufactured gas — Use tax imposed — Exemption. (Effective July 1, 2015.) (1) A use tax is levied on every person in this state for the privilege of using natural gas or manufactured gas, including compressed natural gas and liquefied natural gas, within this state as a consumer. (2) The tax must be levied and collected in an amount equal to the value of the article used by the taxpayer multiplied by the rate in effect for the public utility tax on gas distribution businesses under RCW 82.16.020. The 'value of the article used" does not include any amounts that are paid for the hire or use of a gas distribution business as defined in RCW 82.16.010(2) in transporting the gas subject to tax under this subsection if those amounts are subject to tax under that chapter. (3) The tax levied in this section does not apply to the use of natural or manufactured gas delivered to the consumer by other means than through a pipeline. (4) The tax levied in this section does not apply to the use of natural or manufactured gas if the person who sold the gas to the consumer has paid a tax under RCW 82.16.020 with respect to the gas for which exemption is sought under this subsection. (5)(a) The tax levied in this section does not apply to the use of natural or manufactured gas by an aluminum smelter as that term is defined in RCW 82.04.217 before January 1, 2017. (b) A person claiming the exemption provided in this subsection (5) must file a complete annual report with the department under RCW 82.32.534. (6) The tax imposed by this section does not apply to the use of natural gas, compressed natural gas, or liquefied natural gas, if the consumer uses the gas for transportation fuel as defined in RCW 82.16.310. (7) There is a credit against the tax levied under this section in an amount equal to any tax paid by: (a) The person who sold the gas to the consumer when that tax is a gross receipts tax similar to that imposed pursuant to RCW 82.16.020 by another state with respect to the gas for which a credit is sought under this subsection; or (b) The person consuming the gas upon which a use tax similar to the tax imposed by this section was paid to another state with respect to the gas for which a credit is sought under this subsection. (8) The use tax imposed in this section must be paid by the consumer to the department. (9) There is imposed a reporting requirement on the person who delivered the gas to the consumer to make a quarterly report to the department. Such report must contain the volume of gas delivered, name of the consumer to whom delivered, and such other information as the department may require by rule. (10) The department may adopt rules under chapter 34_05 RCW for the administration and enforcement of sections 1 through 6, chapter 384, Laws of 1989. bd# 13ASIN DISPOSAL, INC. P.'0. Box 3850 Pasco, WA 99302 -3850 September 22, 2014 Mr. Stan Strobel Deputy City Manager City of Pasco 525 N. Third Ave Pasco, WA 99301 Deputy City Manager Stan Strebel: (509)547 -2476 800- 642 -6447 (509)547 -8617 fax 2021 N. Commercial Ave. Pasco, WA 99301 Pasco City Hall RECEIVED SEP 2 5 2014 City Manager's Office I would like to thank the City of Pasco for supporting our recent open house announcing the opening.,of a new CNG distribution station. As you know, the investment in this CNG distribution station will allow Basin Disposal, Inc. (BDI) to provide stable waste disposal pricing to the City of Pasco for many years.to come, while also providing economic support to the Tri-City area by providing access to low cost fuel to other fleets who may choose to use CNG as their fuel source. In recent communications with both -the City of Pasco and the Washington State Department of Revenue regarding the current taxation on the. sale of CNG as a transportation fuel; I believe the following to be true; (1) That a.CNG distribution station is considered a manufacturing activity. (2) That Manufacturing activities are taxed at the Business and Occupation (B &O) rate as follows: A. 0.484% of gross income for Washington State B. 0.200% of gross income for The City of Pasco (3) That The City of Pasco can impose .a Sales and Use Tax (see PMC 3.98.022) an the sale of CNG at a rate of 1 %. (4) That RCW 82.12.022 goes into effect on July 15;'2015. A. That RCW 82.12.032 exempts CNG and LNG from Transportation Taxes and Fees. B. That RCW 82.12.022 exempts CNG and LNG from Public Utility Taxes. Given, the passage of RCW 82.12.022 by the State of Washington, I would. like to request that thePasco Council.consider my request to amendment PMC 3.98.022 to become compliant with RCW 82.12.022 before its effective date of July 15, 2015. By modifying PMC 3.98.022 as soon as is administratively practical, this will lower the net cost of fuel purchased by Basin Disposal Inc., thereby benefiting city rate payers, as well as putting the sales of CNG on an equal taxation structure as other transportation fuels. bdt BA5111F D1'S OOSAL, INC. - P. 0. Box 3850. Pasco, WA 99302 -3850 . (509)547.2476 800.642 -6447 (509)547.8617 fax 2021 N. Commercial Ave. Pasco, WA 99301 In additions, we would ask the Pasco Council not to impose any Sales and Use tax on CNG distribution companies or CNG fueled vehicles used for transportation. My belief is that the 1 %o (One Percent) Sales and. Use Tax is immaterial at this time and would cost both the City of Pasco and. Basin Disposal Inc more to administer the new tax than any . potential benefit. The revenue .genetated from the I% -Sales and Use tax would be less than $2,500 in revenue, given the current fuel consumed by Basin Disposal Inc's Trucks. Basin Disposal Inc. has made a substantial investment in CNG infrastructure that will benefit rate payers for many years to come. .I encourage city staff to investigate the feasibility of utilizing CNG for current and future fleet vehicles operated by the city. I would be happy to help in this investigation if deemed beneficial. It would. be a great opportunity for both Basin Disposal Inc. and the City of Pasco to demonstrate environmental stewardship, as well as fiscal responsibility by choosing CNG as part of our transportation needs: If you have any. questions please call me. As always, I thank you for allowing my family to serve the City of Pasco. It is truly a privilege. Sincerely, Eugene Hrll Basin Disposal Inc. AGENDA REPORT FOR: City Council September 17, 2014 TO: Dave Zabell, City Manager Workshop Mtg.: 9/29/2014 FROM: Rick White, Regular Mtg.: 10/6/2014 Community & Economic Development Director SUBJECT: Waiver of Sewer Utility Service Requirement (MF# USW 2014 -002) I. REFERENCE(s): 1. Sewer Waiver — Vicinity Map 2. Sewer Waiver — Overview Map 3. Sewer Waiver — Proposed Utility Service Waiver Agreement II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 9/29: DISCUSSION 10/6: MOTION: I move to conditionally approve the sewer utility service waiver at 6504 Maverick Court and authorize the City Manager to execute the waiver agreement. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: A. The applicant has applied for a utility service waiver to install a septic system for new construction of single family dwelling at 6504 Maverick Court on an existing lot. PMC 16.06 requires connection to the utility system when a building permit is issued unless such requirement is waived by action of City Council. B. Utility waivers are granted/denied by City Council in accord with the requirements of PMC 16.06.050. This section of the PMC requires that City Council base their decision on the following criteria: • Special circumstances applicable to the property in question or the intended use that do not generally apply to either properties or classes of uses in the same vicinity or zoning classification. • A waiver is necessary for the preservation and enjoyment of a substantial property right or use possessed by other properties in the same vicinity and same zoning classification, which because of special circumstances is denied to the property in question. • The granting of the waiver will not be detrimental to the public welfare or egregious to other property improvements in such vicinity and zoning classification, which the subject property is located. • The granting of a waiver will not conflict with the general intent of this chapter. C. The above criteria contained in PMC 16.06.050 is established to measure unusual or unique circumstances peculiar to a certain property that would justify waiver of a requirement for utility connections similar to the way a land use variance would be evaluated. 4(b) V. D. The recent annexation of Riverview Area #2, to which the subject parcel belongs, poses a different set of circumstances where most developed and undeveloped properties share a common condition — unavailability of sewer service. A. Presently, there is no sewer service provided near the property. The existing closest sewer line is approximately 3,300 feet from the applicant's property and it is not cost effective for a private party or the City to provide for the extension of such line. In addition, the Sewer Master Plan shows this area is served by lift stations expected to be provided approximately in the year 2025. While the date could change depending on the rate of development, it is accurate to state that sewer infrastructure is not in place now or in the near future for extension to the properties in question. B. The applicant's property is similar and in some respects identical to much of the surrounding residential development. All of the single family homes in this vicinity have been developed with septic systems on relatively large lots. A local improvement district to extend sewer to this part of Pasco is not likely in the near future due do the existing development pattern in the area. C. Standards for septic systems are administered through the Benton Franklin Health Department and will apply to the installation of septic systems on this property. It is not expected that the waiver will be detrimental to public health or welfare in this vicinity. D. The granting of a waiver will not conflict with the intent of Chapter 16.06 of the PMC. The significant costs associated with sewer line extension, the timeframe expected for the provision of infrastructure to allow the area to be served by city sewer, and the unlikelihood of a local improvement district in the near future, leads staff to recommend that a sewer connection waiver be granted for the property. WHEN RECORDED RETURN TO: City of Pasco, Washington Engineering Department 525 North 3rd Avenue Pasco, WA 99301 UTILITY SERVICE WAIVER AGREEMENT (CHAPTER 16.06 PMC) 1) The undersigned is the owner of the real property situated in Franklin County, Washington addressed as 6504 Maverick Court and described as: Tax Parcel #: 118 -591 -097 Legal: Lot 8, Columbia Flats, according to the Plat thereof recorded in Volume D of Plats Page 338, records of Franklin County, Washington 2) The undersigned has made application for waiver of the utility service requirements of Chapter 16.06 PMC and the Pasco City Council has by motion approved said waiver based on the following Findings: a) Presently, there is no sewer service provided near the property. The existing closest sewer line is approximately 3,300 feet from the applicant's property and it is not cost effective for a private party or the City to provide for the extension of such line. In addition, the Sewer Master Plan shows this area is served by lift stations expected to be provided approximately in the year 2025. While the date could change depending on the rate of development, it is accurate to state that sewer infrastructure is not in place now or in the near future for extension to the properties in question; b) The applicant's property is similar and in some respects identical to much of the surrounding residential development. All of the single family homes in this vicinity have been developed with septic systems on relatively large lots. A local improvement district to extend sewer to this part of Pasco is not likely at this time due do the existing development pattern and conditions in the area; c) Standards for septic systems are administered through the Benton Franklin Health Department and will apply to the installation of septic systems on this property. It is not expected that the waiver will be detrimental to public health or welfare in this vicinity; d) The granting of a waiver will not conflict with the intent of Chapter 16.06 of the PMC. The significant costs associated with sewer line extension, the timeframe expected for the provision of infrastructure to allow the area to be served by city sewer, and the unlikelihood of a local improvement district in the near future support the granting of a waiver for connection to the city sewer system for the property. 3) The waiver is conditioned upon the undersigned making the following agreements and acknowledgments with the City, which the undersigned does hereby freely and voluntarily make: a) The undersigned agrees to provide the City of Pasco with all necessary Health District approvals for the use of a septic tank system at the above referenced property; b) The undersigned acknowledges that the granting of a sewer utility waiver does not exempt him/her from any obligation that results from the formation of a Local Improvement District to provide sanitary sewer to the undersigned's property; c) The undersigned shall pay an equitable share of any private sewer utility extensions abutting the undersigned's property; d) The above covenants to the City shall run with the land and be binding on the owner, on the undersigned, his/her heirs, devisees, successors and assigns and all owners now or hereafter of the land above described, or of any of said land described above; e) A violation of any of the above covenants may be enjoined and the same enforced at the suit of the City. This utility waiver and agreement has been approved by the Pasco City Council on day of ,20 Signature of Legal Property Owner(s) STATE OF WASHINGTON ) ss. County of Franklin On this day personally appeared before me , to be known to be the individual(s) described in and who executed the within and foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed for the uses and purposes therein mentioned. UTILITY SERVICE WAIVER AGREEMENT (MF# USW2014 -002) — PAGE 2 GIVEN under my hand and official seal this day of 20_. NOTARY PUBLIC in and for the State of Washington Residing at: My Commission Expires: This utility service waiver and agreement has been approved by the Pasco City Council on _ day of 20 Dave Zabell, City Manager STATE OF WASHINGTON ) cRm County of Franklin On this day personally appeared before me, Dave Zabell, to be known to be the individual(s) described in and who executed the within and foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of 20_ NOTARY PUBLIC in and for the State of Washington Residing at: My Commission Expires: UTILITY SERVICE WAIVER AGREEMENT (MF# USW2014 -002) —PAGE 3 AGENDA REPORT NO. 24 FOR: City Council September 15, 2014 TO: Dave Zabell, City Manager ;, Workshop Mtg.: 9/29/14 FROM: Ahmad Qayoumi, Public Works Director Regular Mtg.: 10/6/14 SUBJECT: Pretreatment Program - Multijurisdictional Agreement I. REFERENCE(S): 1. Pretreatment Program — Resolution II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 9/29: Discussion 10/6: MOTION: I move to approve Resolution No. , authorizing the City Manager to execute a Multijurisdictional Agreement with the Port of Pasco and the Port of Walla Walla. III. FISCAL IMPACT: Sewer Funds $184,000 / PWRF $200,000 Pretreatment Permit Cost Recovery $200,000 (2015) IV. HISTORY AND FACTS BRIEF: A) On August 4, 2014, a new Sewer Use Ordinance #4169 was adopted pursuant to the WSDOE Administrative Order (October 2013) that the City must begin IMMEDIATE implementation of an "Industrial Pretreatment Program" and comply with the regulations 'promulgated in 40 CFR Part 403" (General Pretreatment Regulations for Existing and New Sources of Pollution) "and any additional regulations that may be promulgated under Section 307(b) (pretreatment) and 308 (reporting) of the Federal Clean Water Act. " B) In order to accept industrial wastewater from agencies that operate outside the City of Pasco's jurisdiction the City must enter into a multijurisdictional agreement per WSDOE. By entering into a multijurisdictional agreement with the outside entity, the City then has the ability to administer the pretreatment program; without which the City lacks the legal authority. The City attorney has prepared a multijurisdictional agreement with the Port of Pasco and the Port of Walla Walla that has been approved by WSDOE. Additional multijurisdictional agreements will be created in the event the City accepts industrial wastewater from additional agencies that operate outside the City's jurisdiction. V. DISCUSSION: A) Staff recommends approval of the multijurisdictional agreements to enable the City to remain compliant with its WSDOE and National Pollutant Discharge Elimination System (NPDES) Permits. 4(c) RESOLUTION NO. A RESOLUTION of the City of Pasco, Washington, approving Multi - Jurisdictional Agreements between the City of Pasco, and the Port of Pasco, and the Port of Walla providing for wastewater discharges to comply with the City's Pretreatment Controls for Discharge into the City of Pasco's publically -owned treatment works and, authorizing the City Manager to execute the agreements. WHEREAS, the City of Pasco has recently adopted Chapter 13.62 "Wastewater Pretreatment Requirements" providing for the pretreatment of generated wastewater; and WHEREAS, the Port of Pasco and the Port of Walla have jurisdiction over tenants who may be potential contributors to the City of Pasco's Wastewater System; and WHEREAS, the City of Pasco has negotiated with the Port of Pasco, and the Port of Walla, Multi- Jurisdictional Pretreatment Program Implementation and Enforcement Agreements which are respectively attached to this Resolution as Exhibits A and B, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, AS FOLLOWS: Section 1. The City Council hereby approves and adopts the Multi - Jurisdictional Agreement between the City of Pasco, Washington, and the Port of Pasco, Pretreatment Program Implementation Enforcement Agreement as attached as Exhibit A. Section 2. The City Council hereby approves and adopts the Multi - Jurisdictional Agreement between the City of Pasco, Washington, and the Port of Walla Walla, Pretreatment Program Implementation Enforcement Agreement as attached as Exhibit B. Section 3. The City Manager is authorized and directed to execute the Multi- Jurisdictional Agreements attached hereto as Exhibits A and B. PASSED by the City Council of the City of Pasco, Washington, as its regular meeting dated this 6th day of October, 2014. Matt Watkins, Mayor ATTEST: Debra L. Clark, City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney Exhibit A FILED FOR RECORD AT REQUEST OF: City of Pasco, Washington WHEN RECORDED RETURN TO: City of Pasco 525 North 3`d Pasco WA 99301 MULTI - JURISDICTIONAL AGREEMENT BETWEEN CITY OF PASCO, WASHINGTON AND PORT OF PASCO Pretreatment Program Implementation Enforcement Agreement THIS AGREEMENT is entered into this — day of , 2014, by and between the City of Pasco, Washington, as the "Control Authority ", hereinafter referred to as "City "; and the Port of Pasco, as the "Contributing Jurisdiction ", hereinafter referred to as "Port", and jointly referred to as the "Parties." WHEREAS, the City owns and operates Publicly Owned Treatment Works (POTW) with the capacity for treatment of industrial, commercial and residential wastewater; and WHEREAS, the Port leases buildings and properties within the Tri- Cities Airport, Big Pasco Industrial Center, the Pasco Processing Center, and other properties within the City of Pasco, hereinafter referred to as "Port Properties ", and in addition, offsite commercial, public, and residential users may likewise contribute wastewater through connections to the Port's wastewater facility which will be processed by the City's POTW, collectively referred to herein as "users "; and WHEREAS, the City has pursuant to RCW 90.48.165, been delegated authority from the Department of Ecology for the issuance of permits for the discharge of wastes, including the implementation and enforcement of regulations for the protection of its POTW; and Pretreatment Program lmplementation Enforcement Agreement- 1 WHEREAS, the City is authorized by RCW 43.2113.300 to assess penalties for the violation of its regulations under its industrial discharge into its POTW for the protection of the public and its POTW; and WHEREAS, as a condition under 40 CFR Part 403 and Chapter 90.48 RCW, the City and the Port must enter into a Multi- Jurisdictional Agreement whereby the City's Wastewater Standards Ordinance is adopted and subjects the users upon the Port property for compliance with the necessary pretreatment controls for discharge into the City's POTW. NOW, THEREFORE, in consideration of the mutual covenants contained herein and other valuable consideration, the parties agree as follows: Adoption of Standards. A) The Port will adopt, directly or by reference, the City's Wastewater Standards Ordinance codified ad Chapter 13.62 "Wastewater Pretreatment Requirements" of the Pasco Municipal Code which shall be applicable to and binding upon users within the Port Properties, including any offsite users contributing to the wastewater facility treated by the City's POTW. The Port will adopt its Wastewater Standards Ordinance on or before December 31,2014. B) Whenever the City revises its Wastewater Standards Ordinance, it will forward a copy of the revisions to the Port. The Port will adopt revisions to its Wastewater Standards Ordinance that are at least as stringent as those adopted by the City. The Port will forward to the City for review its proposed revisions within 90 days of receipt of the City's revisions. The Port will adopt its revisions within 180 days of receiving approval from the City of the content thereof. C) The Port, by adoption by reference of the City's Wastewater Standards Ordinance, adopts the City's pollutant specific local limits. If the City makes any revisions or additions to its local limits, the City will forward to the Port a copy of such revisions or additions within 30 days of enactment thereof. The Port will adopt such revisions or additions within 180 days of receipt thereof. 2. Designation for Enforcement and Implementation. A) The Port designates the City as the agent of the Port for the purpose of implementation and enforcement of the Port's Wastewater Standards Ordinance upon the Ports Properties, as well as any user contributing to the Pretreatment Program Implementation Enforcement Agreement - 2 wastewater facilities subject to this Agreement. The City may take any action under the Port's Wastewater Standards Ordinance that could have been taken by the Port, including the enforcement of the ordinance in courts of law. Jurisdiction and venue for the enforcement of the Wastewater Standards Ordinance shall be placed in Franklin County, Washington. B) The Port shall provide, on or before October 1, 2014, a listing of all tenants within the Ports Properties and those users contributing to the wastewater facilities subject to this Agreement; and, thereafter, provide a current listing of such tenants, within thirty (30) days, of the entry or connection of users and any terminating users; thereby, providing a current listing of all users contributing to the wastewater facilities. C) The City, on behalf of and as agent for the Port will perform all technical and administrative duties necessary to implement and enforce the Port's Wastewater Standards Ordinance. The City will: 1) Update the industrial waste survey. 2) Issue permits to all users required to obtain a permit. 3) Conduct inspection, sampling, and analysis. 4) Perform enforcement activities. 5) Perform any other technical or administrative duties the parties deem appropriate. In addition, the City may take emergency action to stop or prevent any discharge which presents or may present an imminent danger to the health or welfare of humans, which reasonably appears to threaten the environment, or which threatens to cause interference, pass through, or sludge contamination, or other damage to the City's POTW. D) If the City takes enforcement actions against any Port tenant or user contributing wastewater to the facility, the City will also notify the Port of said pending action. 3. Offsite User. Before an offsite user located outside the Ports Properties, but connecting to a Port facility or a line subject to this Agreement is allowed to discharge any wastewater into the lines which flow into the City's POTW, the Port and City will enter into an agreement, or secure a binding user agreement for such Pretreatment Program hnplementation Enforcement Agreement- 3 discharge. Such agreement will be substantially equivalent to this Agreement and must be entered into prior to a discharge from any such user. 4. General Terms. A) If any term of this Agreement is held to be invalid in any judicial action, the remaining terms will be unaffected. B) The parties will review and revise this Agreement to ensure compliance with the Federal Clean Water Act (42 U.S.0 § 1251 et seq.) and rules and regulations (see 40 CFR Part 403) issued thereunder, as necessary, but at least once every six years on a date to be determined by the parties. C) The City may terminate this Agreement by providing 120 days written notice to the Port. All benefits and obligations under this Agreement will cease following 180 days from receipt of such notice. D) This Agreement allows the City and its employees, agents and contractors to come upon the Ports Properties and take such actions as reasonably necessary for the implementation and enforcement of the Wastewater Standard Ordinance and this Agreement. During such events, each party agrees to indemnify and hold harmless the other parry, its employees, agents and contractors from any and all claims that may arise from such actions due to the negligent acts or omissions of its own employees, agents, and contractors. E) If the authority of the City to act as agent for the Port under this Agreement is challenged by a user in an administrative proceeding or court of law, or otherwise, the Port will take whatever action is necessary to ensure the implementation and enforcement of its Wastewater Standards Ordinance against its users, including, but not limited to, implementing and enforcing its Wastewater Standards Ordinance on its own behalf and/or amending this Agreement to clarify the City's authority. F) The Port hereby authorizes the City to seek reimbursement for implementing and enforcing this sewer pretreatment program by directly charging those participating Port Properties tenants for said costs and/or recovering said costs through the user permits. G) For the purpose of this Agreement, time is of the essence. H) Should any dispute arise concerning the enforcement, breach or interpretation of this Agreement, the parties shall first meet in a good faith attempt to resolve the dispute. Any unresolved dispute shall be submitted to Pretreatment Program Implementation Enforcement Agreement - 4 arbitration. The dispute shall be submitted to a single arbitrator mutually agreed by the parties. If the parties are unable to agree, the arbitrator shall be determined by the Franklin County Superior Court, and arbitration shall be conducted pursuant to RCW 7.04A, with both parties waiving the right to jury trial in the event of a de novo appeal. Arbitration shall be conducted in Pasco, Franklin County, Washington, and the costs of the arbitration shall be equally borne by the parties, and the arbitrator shall award, as additional judgment against the other, attorney's fees and costs to the prevailing party. DATED this day of 201_ CITY OF PASCO PORT OF PASCO By: Title: ATTEST: Debra L. Clark, City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney Pretreatment Program Implementation Enforcement Agreement - 5 By: Title: STATE OF WASHINGTON) ss. County of Franklin ) On this day of 2014, personally appeared before me for the City of Pasco, Washington, described in and who executed the within and foregoing instrument, and acknowledged he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this KOJEJ NOTARY PUBLIC in ar Residing at My Commission Expires STATE OF WASHINGTON) ss. County of Franklin ) day of for the State of Washington On this day of , 2014, personally appeared before me for the Port of Pasco, described in and who executed the within and foregoing instrument, and acknowledged he /she signed the same as his/her free and voluntary act and deed for the uses and purposes therein mentioned /d11EI GIVEN under my hand and official seal this day of NOTARY PUBLIC in and for the State of Washington Residing at My Commission Expires Pretreatment Program Implementation Enforcement Agreement- 6 FILED FOR RECORD AT REQUEST OF: City of Pasco, Washington WHEN RECORDED RETURN TO: City of Pasco 525 North P Pasco WA 99301 MULTI - JURISDICTIONAL AGREEMENT BETWEEN CITY OF PASCO, WASHINGTON AND PORT OF WALLA WALLA Pretreatment Program Implementation Enforcement Agreement Exhibit B THIS AGREEMENT is entered into this _ day of , 2014, by and between the City of Pasco, Washington, as the "Control Authority", hereinafter referred to as "City "; and the Port of Walla Walla, as the "Contributing Jurisdiction ", hereinafter referred to as "Port", and jointly referred to as the "Parties." WHEREAS, the City owns and operates Publicly Owned Treatment Works (POTW) with the capacity for treatment of industrial, commercial and residential wastewater and, by agreement of February 21, 2012, entered into an Interlocal Agreement with the Port of Walla Walla for wastewater treatment and disposal services serving commercial and industrial uses located within the Port's Burbank Industrial Park and Burbank Business Park; and WHEREAS, the Port leases buildings and properties within the Burbank Industrial Park and Burbank Business Park, and in addition, offsite commercial, public and residential users may likewise contribute wastewater through connections to the Port's wastewater facility which will be processed by the City's POTW, collectively referred to herein as "users "; and WHEREAS, the City has pursuant to RCW 90.48.165, been delegated authority from the Department of Ecology for the issuance of permits for the discharge of wastes, Pretreatment Program Implementation Enforcement Agreement - 1 including the implementation and enforcement of regulations for the protection of its POTW; and WHEREAS, the City is authorized by RCW 43.21B.300 to assess penalties for the violation of its regulations for discharges into its POTW for the protection of the public and its POTW; and WHEREAS, as a condition under 40 CFR Part 403 and Chapter 90.48 RCW, the City and the Port must enter into a Multi- Jurisdictional Agreement whereby the City's Wastewater Standards Ordinance is adopted and subjects the users upon the Port's Burbank Industrial and Burbank Business Park property, as well as those offsite users, for compliance with the necessary pretreatment controls for discharge into the City's POTW. NOW, THEREFORE, in consideration of the mutual covenants contained herein and other valuable consideration, the parties agree as follows: 1. Adoption of Standards. A) The . Port will adopt, directly or by reference, the City's Wastewater Standards Ordinance codified as Chapter 13.62 "Wastewater Pretreatment Requirements" of the Pasco Municipal Code which shall be applicable to and binding upon users within the Burbank Business Park and the Burbank Industrial Park including any offsite users contributing to the wastewater treated by the City's POTW. The Port will adopt its Wastewater Standards Ordinance on or before December 31, 2014. B) Whenever the City revises its Wastewater Standards Ordinance, it will forward a copy of the revisions to the Port. The Port will adopt revisions to its Wastewater Standards Ordinance that are at least as stringent as those adopted by the City. The Port will forward to the City for review its proposed revisions within 90 days of receipt of the City's revisions. The Port will adopt its revisions within 180 days of receiving approval from the City of the content thereof. C) The Port, by adoption by reference of the City's Wastewater Standards Ordinance, adopts the City's pollutants specific local limits. If the City makes any revisions or additions to its local limits, the City will forward to the Port a copy of such revisions or additions within 30 days of enactment thereof. The Port will adopt such revisions or additions within 180 days of receipt thereof. Pretreatment Program Implementation Enforcement Agreement - 2 2. Designation for Enforcement and Implementation. A) The Port designates the City as the agent of the Port for the purpose of implementation and enforcement of the Port's Wastewater Standards Ordinance at the Burbank Business Park and Burbank Industrial Park, as well as any user contributing to the wastewater facilities subject to this Agreement. The City may take any action under the Port's Wastewater Standards Ordinance that could have been taken by the Port, including the enforcement of the ordinance in courts of law. Jurisdiction and venue for the enforcement of the Wastewater Standards Ordinance shall be placed in Franklin County, Washington. B) The Port shall provide, on or before October 1, 2014, a listing of all tenants within the Burbank Business Park and Burbank Industrial Park and those users contributing to the wastewater facilities subject to this Agreement; and, thereafter, provide a current listing of such tenants, within thirty (30) days, of the entry or connection of users and any terminating users; thereby, providing a current listing of all users contributing to the wastewater facilities. C) The City, on behalf of and as agent for the Port will perform all technical and administrative duties necessary to implement and enforce the Port's Wastewater Standards Ordinance. The City will: 1) Update the industrial waste survey. 2) Issue permits to all users required to obtain a permit. 3) Conduct inspection, sampling, and analysis. 4) Perform enforcement activities. 5) Perform any other technical or administrative duties the parties deem appropriate. In addition, the City may take emergency action to stop or prevent any discharge which presents or may present an imminent danger to the health or welfare of humans, which reasonably appears to threaten the environment, or which threatens to cause interference, pass through or sludge contamination, or other damage to the City's POTW. Pretreatment Program Implementation Enforcement Agreement- 3 D) If the City takes enforcement actions against any Port tenant or user contributing wastewater to the facility, the City will also notify the Port of said pending action. 3. Offsite User. Before an offsite user located outside the Burbank Business Park and/or Burbank Industrial Park, is allowed to discharge any wastewater into lines which would flow into the City's POTW, the Port and the City will enter into an agreement, or secure a binding user agreement for such discharge. Such agreement will be substantially equivalent to this Agreement and must be entered into prior to a discharge from any subsequent user. 4. General Terms. A) If any term of this Agreement is held to be invalid in any judicial action, the remaining terms will be unaffected. B) The parties will review and revise this Agreement to ensure compliance with the Federal Clean Water Act (42 U.S.0 § 1251 et seq.) and rules and regulations (see 40 CFR Part 403) issued thereunder, as necessary, but at least once every six years on a date to be determined by the parties. C) The term of this Agreement shall be commensurate with the term of that Interlocal Agreement for wastewater treatment and disposal services between the City and Port commencing upon the full execution of this Agreement, together with the adoption of the City's Wastewater Ordinance on or before December 31, 2014, and terminate as provided in Section 9 of the Interlocal Agreement. D) This Agreement allows the City and its employees, agents and contractors to come upon the Port's Burbank Park and Burbank Industrial Park properties and take such actions as reasonably necessary for the implementation and enforcement of the Wastewater Standard Ordinance and this Agreement. During such events, each parry agrees to indemnify and hold harmless the other parry, its employees, agents and contractors from any and all claims that may arise from such actions due to the negligent acts or omissions of its own employees, agents, and contractors. E) If the authority of the City to act as agent for the Port under this Agreement is challenged by a user in an administrative proceeding or court of law, or otherwise, the Port will take whatever action is necessary to ensure the implementation and enforcement of its Wastewater Standards Ordinance against its users, including, but not limited to, implementing and enforcing its Pretreatment Program Implementation Enforcement Agreement - 4 Wastewater Standards Ordinance on its own behalf and/or amending this Agreement to clarify the City's authority. F) The Port hereby authorizes the City to seek reimbursement for implementing and enforcing this Wastewater Standard Ordinance by directly charging those participating tenants or users for said costs and/or recovering said costs through the user permits. G) For the purpose of this Agreement, time is of the essence. H) Should any dispute arise concerning the enforcement, breach or interpretation of this Agreement, the parties shall first meet in a good faith attempt to resolve the dispute. Any unresolved dispute shall be submitted to arbitration. The dispute shall be submitted to a single arbitrator mutually agreed by the parties. If the parties are unable to agree, the arbitrator shall be determined by the Franklin County Superior Court, and arbitration shall be conducted pursuant to RCW 7.04A, with both parties waiving the right to jury trial in the event of a de novo appeal. Arbitration shall be conducted in Pasco, Franklin County, Washington, and the costs of the arbitration shall be equally borne by the parties, and the arbitrator shall award, as additional judgment against the other, attorney's fees and costs to the prevailing party. IN WITNESS WHEREOF, the undersigned are authorized to sign this Agreement on the date and year first written above. CITY OF PASCO PORT OF WALLA WALLA By: Title: ATTEST: Debra L. Clark, City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney Pretreatment Program Implementation Enforcement Agreement - 5 By: Title: STATE OF WASHINGTON) ss. County of Franklin ) On this day of 2014, personally appeared before me for the City of Pasco, Washington, described in and who executed the within and foregoing instrument, and acknowledged he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of 2014. NOTARY PUBLIC in and for the State of Washington Residing at My Commission Expires STATE OF WASHINGTON) ss. County of ) On this day of , 2014, personally appeared before me , for the Port of Walla Walla, described in and who executed the within and foregoing instrument, and acknowledged he /she signed the same as his/her free and voluntary act and deed for the uses and purposes therein mentioned 2014. GIVEN under my hand and official seal this day of NOTARY PUBLIC in and for the State of Washington Residing at My Commission Expires Pretreatment Program Implementation Enforcement Agreement- 6 AGENDA REPORT NO. 27 FOR: City Council September 17, 201y TO: Dave Zabell, City Manager Ahmad Qayoumi, Public Works Director FROM: Michael A. Pawlak, City Engineer Workshop Mtg.: 9/29/14 Regular Mtg.: 10/6/14 SUBJECT: Parking Ordinance Revisions I. REFERENCE(S): 1. Parking Ordinance Revision - Vicinity Map 2. Parking Ordinance Revision - City Engineer's Memo 3. Parking Ordinance Revision - Ordinance II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 09/29: Discussion 10/06: MOTION: I move to adopt Ordinance No. , adding parking restrictions on the northerly side of Washington Street, betwee 9th Avenue and 10th Avenue, and further, authorize publication by summary only. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: A) The Engineering Division received a request from a business owner to review the parking conditions along the northerly side of Washington Street, between 9th Avenue and 10th Avenue. The business owner expressed concerns for large commercial delivery vehicles ability to safely park and off load deliveries. Parking is currently prohibited along both sides of the street. V. DISCUSSION: A) Engineering has performed an evaluation of the northerly side of Washington Street, between 9th Avenue and 10th Avenue, traffic flows and noted limited space for commercial delivery vehicles ability to safely off load deliveries. Allowing parking on the northerly side of Washington Street, between 9th Avenue and 10th Avenue will allow commercial delivery vehicles to park and off load without impacting traffic flows on Washington Street, 9th Avenue and 10th Avenue. D) Engineering recommends allowing parking along the northerly side of Washington Street, between 9th Avenue and 10th Avenue, per Section 10.56.110 (Schedule VI — Parking Time Limited on Certain Streets). E) This ordinance will amend Section 10.56.080 (Schedule III - Parking Prohibited at All Times on Certain Streets) of the Pasco Municipal Code to add and/or revise the following streets to the list of prohibited parking streets: Remove: Washington Street— 9th Avenue to 10th Avenue Add: Washington Street (south side) — 9"' Avenue to 10t° Avenue And, this ordinance will also amend Section 10.56 110 (Schedule VI — Parking Time Limited on Certain Streets) of the Pasco Municipal Code to add, remove and/or revise the following locations to the list of streets where two hour parking may be permitted. Street From To Add: Washington Street (north side) 9th Avenue 10th Avenue 4(d) Memo Public Works Department Engineering Division To: Mike Pawlak, City Engineer From: Joe Seet, Associate Engineer Date: August 29, 2014 Fie: Parking Request for Northside of Washington Street The City received a request to review and evaluate whether parking along the northerly side of Washington Street, between 9th Avenue and 10th Avenue, can be permitted. A field review and observation of traffic operations, vicinity of Washington Street, 91h Avenue and 10th Avenue, did not provide any engineering concerns to continue enforcing no parking along the northerly side of Washington Street, between 9th Avenue and 10th Avenue. Discussions with the City Planner did not indicate any planning concerns or restrictions that would prohibit parking along the northerly side of Washington Street, between 9th Avenue and 10th Avenue. Past cause for the parking restriction is no longer present and most likely would not re- occur. However, as a precaution, parking along the northerly side of Washington Street, between 9th Avenue and 10 Avenue, should be permitted pursuant to Section 10.56.110 (Schedule VI — Parking Time Limited on Certain Streets). Remove Existing Install Proposed R9.3 HR $ :30 AM TO 5.30 PM 4=0+ This change will allow limited temporary parking for commercial delivery vehicles to make deliveries and pick -ups without impacting traffic flows on Washington Street, 9th Avenue and 10th Avenue. 0 Page 1 ORDINANCE NO. AN ORDINANCE prohibiting parking on various streets, amending Section 10.56.080 of the Pasco Municipal Code; and permitting limited time (two -hour) parking on various streets, amending Section 10.56.110 of the Pasco Municipal Code. WHEREAS, the Public Works Director has determined that it is necessary for public safety to prohibit parking on certain streets; and WHEREAS, the Public Works Director has determined that it is necessary to permit limited time (two -hour) parking on certain streets; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 10.56.080 of the Pasco Municipal Code is amended to add the following underlined language and read as follows: 10.56.080 SCHEDULE III - PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS. In accordance with Section 10.56.030, and when signs are erected giving notice thereof, no person shall at any time park a vehicle upon any of the following described streets or parts of streets: "A" Street - both sides of street from Elm Avenue to SR -12; "A" Street - both sides of street from Ninth Avenue to Eleventh Avenue; "A" Street - from Main Avenue to Beech Avenue; "A" Street - 300 feet west of 4th Avenue to three hundred feet east of 4th Avenue; "A" Street - both sides from 20th Avenue to a point two hundred fifty feet west of 20th Avenue; "A" Street — both sides, corner of "A" Street and 28th Avenue; Agate Street - between Fourth and Fifth Avenues; Ainsworth Avenue - north side from Railroad Avenue to Oregon Avenue; Ainsworth Avenue - south side from 10th Avenue to Fourth Avenue; Argent Road — 20th Avenue to Road 44; Argent Road — Road 84 to Road 76; Autoplex Way — from Court Street south to 160 feet north of Marie Street; Bonneville Street - the south side of Bonneville Street from a point 150 feet east of the east curb line of 10th Avenue to the east curb line of 10th Avenue; Billings Street - from Lewis Street to "A" Street Broadmoor Boulevard — FCID canal to Nottingham Drive; Brown Street - north side from Road 28 to Road 26; Brown Street - south side from Road 28 to a point 130 feet to the east; Burden Boulevard — Road 76 to Road 36; Chapel Hill Boulevard — Road 68 to Saratoga Lane; Chapel Hill Boulevard — Broadmoor Boulevard to Road 84; Chapel Hill Boulevard - from Crescent Road to Broadmoor Boulevard; Clark Street - both sides of street from Ninth Avenue to Eleventh Avenue; Clemente Lane — Burden Boulevard to Wrigley Drive; Commercial Avenue — both sides from Hillsboro Avenue south 1 mile; Court Street - from Fourth Avenue west to SR -395; Court Street — east of Fourth Avenue; Court Street - from Road 68 to Road 84; Court Street — Rd. 100 to I -182 Hwy overpass; Court Street —1,000 feet south of Harris Road; E. Broadway Street — (north side) Wehe Street to Franklin Street; First Avenue — Court Street to Sylvester Street; Fourteenth Avenue — both sides from Clark Street north 100 feet; Fourteenth Avenue — both sides from Clark Street south to the alley; Fourth Avenue — (east side) 50 feet north of Columbia Street; Fourth Avenue —100 feet south of Columbia Street; Fourth Avenue — east side from Shoshone Street to Court Street; and on the west side from Shoshone Street to 125 feet north of vacated Park Street and from 115 feet north of Octave Street to Court Street; Fourth Avenue - east side from Sylvester Street north 140 feet; and on the west side from Sylvester Street north 200 feet; Fifth Avenue (west side) Park to Octave; Fifth Avenue — (east side) north of Court Street; Fifth Avenue - (east side) Nixon Street to Park Street; North Fourth Avenue - between Court and Ruby Streets; Heritage Boulevard - both sides from US -12 to "A" Street; Hillsboro Street and Commercial Avenue - both sides of Hillsboro Street from a point 100 feet east of the center line of Commercial Avenue to SR 395, and on both sides of Commercial Avenue from a point 100 feet south of the center line of Hillsboro to Hillsboro; Homerun Road — both sides, from Convention Boulevard to end; James Street — south side from the far east end of James Street to 400 feet west; James Street — north side from the far east end of James Street to 340 feet west; Jay Street - north side from the east curb line of Road 22 to a point 50 feet west of the east curb line of Road 22; Lewis Street - from First Avenue to 70 feet east; Lewis Street - north side from Fourteenth Avenue to 130 feet west; and north side from Fourteenth Avenue to 80 feet east; Lewis Street — south side from Fourteenth Avenue to 100 west; and south side from Fourteenth Avenue to 100 feet east; Lewis Street - Ninth Avenue to Eleventh Avenue; Lewis Street - north side of Lewis Street from the east curb line of Seventh Avenue to a point 135 feet east; Lewis Street - South side of Lewis Street, from 150 feet east of the center line of First Street running easterly a distance of 165 feet; Lewis Street (east) - both sides from Wehe Avenue east to Cedar Avenue; Lewis Street (east) - both sides from Oregon Avenue east to Wehe Avenue; Lewis Street — from Cedar Ave. to Billings Street; Madison Avenue - both sides from Burden Boulevard to Road 44; Manzanita Lane- both sides from A St to 150 feet north; Ninth Avenue — Washington Street to Ainsworth Street; Octave Street - the south side of Octave Street from 1 point 280 feet east of the east curb line of Road 34 to a point 420 feet east of the east curb line of Road 34; Oregon Avenue between "A" Street and Ainsworth Avenue; Oregon Avenue — (west side) 350 feet north of Bonneville Street; Oregon Avenue — Hagerman Street to James Street; Road 22 - east side from the north curb line of Jay Street to a point 50 feet south of the north curb line of Jay Street; Road 26 — from Court Street to Brown Street Road 28 — west side from Sylvester Street to Brown Street; Road 28 — east side from Sylvester Street to Brown Street except for 315 feet starting from a point 360 feet north of the intersection of Sylvester Street and Road 28; Road 34 - both sides of the street from Henry Street to Court Street; Road 36 - both sides of the street from its intersection with Argent Place to a point 1,200 feet north of Argent Place; Road 36 — Burden Boulevard. to 200 feet south of Meadow Beauty Drive; Road 44 - east side from Meadow View Street to Argent Place; Road 44 - west side from Desert Street to Argent Place; Road 44 — west side from Desert Street to Burden Boulevard; Road 44 — Burden Boulevard to Sandifur Boulevard; Road 52 — Burden Boulevard to Sandifur Boulevard; Road 60 — Burden Boulevard to Sandifur Boulevard; Road 68 Place — Burden Boulevard to Sandifur Boulevard; Road 68 — FCID canal north to City Limits; Road 68 — I -182 to Sandifur Boulevard; Road 76- east side from Sandifur Parkway to a point 620 feet south of Wrigley Drive; Road 76 - (west side) Wrigley Drive to Burden Boulevard; Road 76 - west side from Sandifur Parkway to Wrigley Drive; Road 80 - from Court Street south; Road 84 - from Sunset Lane south; Road 84 — Argent Road to Chapel Hill Boulevard; Road 100 — Court Street to FCID canal; Rodeo Drive — Road 68 to Convention Place; Ruby Street - between Fourth and Fifth Avenues; Sandifur Boulevard — Broadmoor Boulevard to Robert Wayne Drive; Sandifur Boulevard — (north side) Robert Wayne Drive to Road 60; Sandifur Boulevard — from Road 60 to Road 62; Sandifur Parkway - from Road 60 to Road 44; Seventeenth Avenue - (west side) "A" Street to Washington Street; Shoshone Street - 22nd Avenue to 23rd Avenue; Sun Willows Boulevard - both sides of street from its intersection with 20th Avenue to its eastern terminus; Sylvester Street — (south side) 20th Avenue to 28th Avenue; Sylvester Street — (north side) one hundred feet east of 26th Avenue to 28th Avenue; Sylvester Street - From the east line of 20th Avenue to a point 290 feet east thereof; Tenth Avenue - both sides of street from "A" Street to `B" Street; Tenth Avenue - from `B" Street to and including the Inter -City Bridge; Tenth Avenue - both sides of street from Lewis Street to Clark Street; Third Avenue — (east side) fifty feet south of Columbia Street; Third Avenue - (east side) fifty feet north of Columbia Street; Third Avenue — both sides of street 100 feet north of Sylvester Street; Third Avenue —.both sides of street 100 feet south of Sylvester Street; Third Avenue - On the west side from a point five hundred seventy-five feet north of Margaret Street to a point six hundred fifty feet north of Margaret Street; Twentieth Avenue — From Lewis Street to Argent Road except on the east side of 20th Avenue only from a point one hundred seventy feet south of Hopkins Street to Lewis Street; Twenty Second Avenue — (west side) to 550 feet south of West Henry Place; Twenty Eighth Avenue — (west side) Lewis Street to Sylvester Street; Washington Street 9th -xn.,e... ete jot e Wachinahnn C4rnn4— /cro,41, a -0Aal 041, A.,..,..no +.. 1lk6 d„e.,,,o W ngley Dnve — Road 76 to Clemente Lane; Road 26 - Both sides of Road 26, from a point 120 feet south of the south curb line of Court Street on the east side and 245 feet south of Court Street on the west side, to 250 feet north of the north curbline of Court Street. Section 2. Section 10.56.110 of the Pasco Municipal Code is amended to add the following underlined language and read as follows: 10.56.110 SCHEDULE VI - PARKING TIME LIMITED ON CERTAIN STREETS. In accordance with Section 10.56.060 and when signs are erected giving notice thereof, no persons shall park a vehicle for a period of time longer than two hours between the hours of eight -thirty a.m. and five -thirty p.m. of any day except Sundays and public holidays within the district, upon any City parking lot or upon any of the streets or parts of streets as follows: Street 3rd Avenue 3rd Avenue (east side) 4th Avenue (west side) 4th Avenue (east side) 4th Avenue (west side only) 5th Avenue 32nd Place Columbia Street Lewis Street Clark Street Clark Street, north side Margaret Street Margaret Street (south side) Marie Street Nixon Street (south side) Octave Street Sylvester Street (north side) From Columbia Street Sylvester Street 115 feet north of Columbia Street 130 feet north of Columbia Street Octave Street Lewis Street Octave Street N. 2nd Avenue 2nd Avenue 2nd Avenue 5th Avenue 4th Avenue btwn 5th & 6th Ave. 32nd Place 3rd Avenue 32nd Place 4th Avenue To Clark Street Nixon Street Bonneville Street Bonneville Street Margaret Street Clark Street Termination 5th Avenue 6th Avenue 5th Avenue 200 feet west of 5th Avenue 5th Avenue westerly 100' from 5th Ave. Road 34 east 120' from 3rd Avenue Road 34 20 feet east of 4th Avenue The City parking lot located north of Columbia Street and east of 4th Avenue lying generally in the southwest corner of the block bounded by the afore - mentioned street, Lewis Street, and 3rd Avenue. Each two -hour period or portion thereof in excess of two hours is a separate violation. PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this 6th day of October, 2014. Matt Watkins Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark Leland B. Kerr City Clerk City Attorney AGENDA REPORT FOR: City Council September 23, 2014 TO: Dave Zabell, City Manage Workshop Mtg.: 9/29/14 Rick White, Regular Meeting: 10/06/14 Community & Economic Development Directo�� FROM: Jeffrey B. Adams, Associate Planner SUBJECT: Historic Preservation Title 27 Code Amendment (MF# CA 2014 -001) I. REFERENCE(S): 1. Historic Preservation Title 27 Code Amendment - Proposed Ordinance 2. Historic Preservation Title 27 Code Amendment — Bylaws of the HPC 3. Historic Preservation Title 27 Code Amendment — Planning Commission Minutes Dated: 7/24/2014 and 8/21/2014 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 9/29: DISCUSSION 10/06: MOTION: I move to approve Ordinance No. adopting amended Title 27 Historic Preservation and, further, to authorize publication by summary only. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: A. The City Council approved Title 27 Historic Preservation (Ordinance 3785) in August 2006 to facilitate Special Tax Valuation for State and National Historic Register properties within the City. B. One of Council's 2012 -2013 goals was to "assist the Historic Preservation Commission with the development of a Historic Preservation Plan for the City." In November of 2013 the City approved a Historic Preservation Work Plan (Resolution 3521), which includes action items for increasing awareness of historic resources important to the citizens of Pasco and receiving approval as a Certified Local Government (CLG). C. The Historic Preservation Commission recommended approval of the code amendment at their June 2014 meeting. D. The Planning Commission considered the proposed ordinance at a public hearing on July 24, 2014, and likewise recommended adoption of the proposed ordinance at its August 21, 2014 meeting. V. DISCUSSION: A. The CLG Program is a technical and financial assistance program established by the National Historic Preservation Act and administered in the State of Washington through the State Department of Archaeology and Historic Preservation (DAHP). B. Local governments that establish a historic preservation program which meets federal and state standards are eligible to apply to the State Historic Preservation Officer (SHPO) and the National Park Service for certification. A local government that receives such certification is known as a "Certified Local Government." C. Benefits of participating in the program include eligibility to apply for special grants from the State Historic Preservation Office (SHPO), authority to offer Special Tax Valuation to locally listed properties, technical assistance and training from the SHPO, access to the national historic preservation assistance network, and to the State Historic Preservation Office data exchange. CLGs are expected to maintain a historic preservation commission, maintain a survey of local historic properties, enforce local preservation laws, review National Register Nominations, and engage the public in historic preservation activities. 4(e) D. Among the requirements for CLG status is passage of a Historic Preservation Ordinance. While the city has a historic preservation ordinance in place, it is limited in scope, and missing key elements including sections dealing with a local register of historic places as well as historic resources design review. E. In order to become a CLG the City Historic Preservation Commission has undertaken a revision to Title 27 by adding the following elements: • Language allowing for the expansion of the Historic Preservation Commission by two members. • Language establishing a City of Pasco Register of Historic Places compiled of buildings, structures, sites, objects, and districts identified by the Commission as having historic significance worthy of recognition and protection by the City of Pasco. • Language dealing with the establishment of a comprehensive inventory of local historic resources which may be eligible for Special Tax Valuation and/or with potential to be listed on the City, State, or Federal Historic Registers • Language establishing a review process for proposals to construct, modify or significantly affect properties or districts listed on the City of Pasco Historic Register. • New definitions as needed. F. Additional and revised language in the proposed ordinance is nearly verbatim from State and Federal regulations. The proposed revisions are consistent with State and Federal code which will allow designation of the City as a Certified Local Government. If Council concurs with the proposed ordinance, staff will return this item for Council action. ORDINANCE NO. AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON AMENDING TITLE 27 "HISTORIC PRESERVATION" ALLOWING THE CITY TO QUALIFY AS A "CERTIFIED LOCAL GOVERNMENT" (CLG), EXPANDING THE HISTORIC PRESERVATION COMMISSION, ESTABLISHING A LOCAL REGISTER OF HISTORIC PROPERTIES, ESTABLISHING A COMPREHENSIVE INVENTORY LOCAL HISTORIC RESOURCES, AND ESTABLISHING A LOCAL REVIEW PROCESS. WHEREAS, The City Council approved Title 27 Historic Preservation (Ordinance 3785) in August 2006 to facilitate Special Tax Valuation for State and National Historic Register properties within the City; and WHEREAS, One of Council's 2012 -2013 goals was to "assist the Historic Preservation Commission with the development of a Historic Preservation Plan for the City;" and, WHEREAS, In November of 2013 the City approved a Historic Preservation Work Plan (Resolution 3521); and, WHEREAS, one of the major Work Plan action items was the City receiving approval as a Certified Local Government (CLG); and, WHEREAS, among the requirements for CLG status is passage of a Historic Preservation Ordinance which includes key elements including sections dealing with a local register of historic places, and an historic resources design review; and, WHEREAS, the City wishes to amend Title 27 "Historic Preservation" to comply with the State and National requirements for Certified Local Governments; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Title 27 entitled "Historic Preservation" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: TITLE 27 HISTORIC PRESERVATION CHAPTER27.040 PURPOSE ....................................................................................... ............................... 2 CHAPTER27.050 SHORT TITLE ............................................................................... ............................... 2 CHAPTER27.060 DEFINITIONS ................................................................................ ............................... 2 CHAPTER 27.070 CITY OF PASCO HISTORIC PRESERVATION COMMISSION ............................. 5 CHAPTER 27.075 CITY OF PASCO REGISTER OF HISTORIC PLACES ............... ..............................7 CHAPTER 27.076 REVIEW OF CHANGES TO THE CITY OF PASCO REGISTER OF HISTORIC RESOURCES................................................................................................................. ..............................9 CHAPTER 27.080 REVIEW AND MONITORING OF PROPERTIES FOR SPECIAL PROPERTY TAXVALUATION ....................................................................................................... .............................10 CHAPTER 27.090 CRITERIA .................................................................................... ............................... 11 CHAPTER 27.100 AGREEMENT CHAPTER 27.110 APPEALS ....... PMC Title 27 8/7/2006 (REVISED 9/15/14) ..................... ............................... 13 ..................... ............................... 13 CHAPTER 27.040 PURPOSE. Sections: 27.040.010 PURPOSE ....................................................................................... ..............................2 27.040.010 PURPOSE. The purpose of this ordinance is to provide for the identification, evaluation, designation, and protection of designated historic and prehistoric resources within the boundaries of the City of Pasco and preserve and rehabilitate eligible historic properties within the City of Pasco for future generations through special valuation, a property tax incentive, as provided in Chapter 84.26 RC W in order to: 1) Safeguard the heritage of the City of Pasco as represented by those buildings, districts, objects, sites and structures which reflect significant elements of Pasco's history; 2) Foster civic and neighborhood pride in the beauty and accomplishments of the past, and a sense of identity based on Pasco's history; 3) Stabilize or improve the aesthetic and economic vitality and values of such sites, improvements and objects; 4) Assist, encourage and provide incentives to private property owners for preservation, restoration, redevelopment and use of outstanding historic buildings, districts, objects, sites and structures; 5) Promote and facilitate the early identification and resolution of conflicts between preservation of historic resources and alternative uses; and, 6) Conserve valuable material and energy resources by ongoing use and maintenance of the existing built environment. CHAPTER 27.050 SHORT TITLE Sections: 27.050.010 SHORT TITLE .............................................................................. ............................... 3 27.050.010 SHORT TITLE. The following sections shall be known and may be cited as the "Special Valuation for Historic Properties Ordinance of the City of Pasco." CHAPTER 27.060 Sections 27.060.005 DEFINITIONS ................................................................................ ..............................4 27.060.006 CITY OF PASCO HISTORIC INVENTORY ................................ ..............................4 27.060.010 CITY OF PASCO HISTORIC PRESERVATION COMMISSION ............................4 27.060.011 CITY OF PASCO REGISTER OF HISTORIC PLACES ............. ..............................4 27.060.020 ACTUAL COST OF REHABILITATION ..................................... ..............................4 27.060.030 BUILDING ..................................................................................... ..............................4 27.060.035 CERTIFICATE OF APPROPRIATENESS ................................... ..............................4 27.060.036 CERTIFIED LOCAL GOVERNMENT ......................................... ..............................4 27.060.040 CLASS OF PROPERTIES ELIGIBLE TO APPLY FOR SPECIAL VALUATION IN THE CITY OF PASCO ..................................................................................... ..............................5 27.060.050 COST .............................................................................................. ..............................5 27.060.060 EMERGENCY REPAIR ................................................................ ..............................6 27.060.070 HISTORIC PROPERTY ................................................................. ..............................6 27. 060.075 INCENTIVES ................................................................................ ............................... 6 27.060.080 LOCAL REVIEW BOARD ............................................................ ..............................6 27.060.090 NATIONAL REGISTER OF HISTORIC PLACES ....................... ..............................6 27.060.091 OBJECT ......................................................................................... ............................... 6 27.060.092 ORDINARY REPAIR AND MAINTENANCE ........................... ..............................6 27.060.100 OWNER .......................................................................................... ..............................6 PMC Title 27 8/7/2006 (REVISED 9/15/14) 27.060. 105 SIGNIFICANCE OR SIGNIFICANT. 6 27.060.106 SITE .......................... ............................... 7 27.060.110 SPECIAL VALUATION ................................................................ ..............................7 27.060.115 STATE REGISTER OF HISTORIC PLACES...... 7 27.060.120 STRUCTURE ................................................................................. ..............................7 27.060.125 UNIVERSAL TRANSVERSE MERCATOR OR UTM 7 27.060.126 WAIVER OF A CERTIFICATE OF APPROPRIATENESS 7 27.060.130 WASHINGTON STATE ADVISORY COUNCIL'S STANDARDS FOR THE REHABILITATION AND MAINTENANCE OF HISTORIC PROPERTIES ..............................7 27.060.005 DEFINITIONS. The following words and terns when used in this ordinance shall mean as follows, unless a different meaning clearly appears from the context: boundaries of the City of Pasco. 27.060.010 CITY OF PASCO HISTORIC PRESERVATION COMMISSION. "City of Pasco Historic Preservation Commission," or "Commission" means the Commission created in Section 27.070.010 herein. 27.060.011 CITY OF PASCO REGISTER OF HISTORIC PLACES "City of Pasco Rejaister of Historic Places ". "Local Register ". or " Reggister" means the listing of locally designated properties provided for in Section 27.075 herein. 27.060.020 ACTUAL COST OF REHABILITATION. "Actual Cost of Rehabilitation" means costs incurred within twenty -four months prior to the date of application and directly resulting from one or more of the following: a) improvements to an existing building located on or within the perimeters of the original structure; or b) improvements outside of but directly attached to the original structure which are necessary to make the building fully useable but shall not include rentable/habitable floor -space attributable to new construction; or c) architectural and engineering services attributable to the design of the improvements; or d) all costs defined as "qualified rehabilitation expenditures" for purposes of the federal historic preservation investment tax credit. 27.060.030 BUILDING. A "building" is a structure constructed by human beings. This includes both residential and nonresidential buildings, main and accessory buildings. 27.060.035 CERTIFICATE OF APPROPRIATENESS. "Certificate of Appropriateness" means the document indicating that the commission has reviewed the proposed changes to a local register yroperty or within a local register historic district and certified the changes as not adversely affecting the historic characteristics of the property which contribute to its designation 27.060.036 CERTIFIED LOCAL GOVERNMENT. "Certified Local Government" or "CLG" commission and a program meeting Federal and State standards. 27.060.040 GLASS OF nonunn -IES ELIGIBLE n Tn APPLY FOR SPECIAL V 27.060.040 CLASS OF PROPERTIES ELIGIBLE TO APPLY FOR SPECIAL VALUATION IN period which meets the requirements set forth in Chanter 84.26 RCW until the City of Pasco becomes a Certified Local Government (CLG). Once a CLG the class of properties eligible to apply for Special Valuation in the City of Pasco means only all properties listed on the local and national Register of PMC Title 27 8/7/2006 (REVISED 9/15/14) requirements set forth in Chanter 84.26 RCW 27.060.050 COST. "Cost" means the actual cost of rehabilitation, which cost shall be at least twenty-five percent of the assessed valuation of the historic property, exclusive of the assessed value attributable to the land, prior to rehabilitation. 27.060.060 EMERGENCY REPAIR. "Emergency repair" means work necessary to prevent destruction or dilapidation to real property or structural appurtenances thereto immediately threatened or damaged by fire, flood, earthquake or other disaster. 27.060.070 HISTORIC PROPERTY. "Historic property" means real property together with improvements thereon, except property listed in a register primarily for objects buried below ground, which is listed on the National Register of Historic Places. 27.060.075 INCENTIVES. "Incentives" are such rights or privileges or combination thereof which the City Council, or other local, state, or federal public body or agency, by virtue of applicable present or future legislation, may be authorized to grant or obtain for the owner(s) of Register properties Examples of economic incentives include but are not limited to tax relief conditional use hermits rezoning, street vacation, planned unit development, transfer of development rights, facade easements gifts, preferential leasing policies, beneficial placement of Public improvements or amenities, or the like. 27.060.080 LOCAL REVIEW BOARD. "Local Review Board ", or "Board" used in Chapter 84.26 RCW and Chapter 254 -20 WAC for the special valuation of historic properties means the Commission created in Section 27.070.010 herein. 27.060.090 NATIONAL REGISTER OF HISTORIC PLACES. "National Register of Historic Places" means the national listing of properties significant to our cultural history because of their documented importance to our history, architectural history, engineering, or cultural heritage. 27.060.091 OBJECT. An "object" is a thing of functional, aesthetic, cultural, historical, or scientific value that may be, by nature or design, movable yet related to a specific setting or environment. 27.060.092 ORDINARY REPAIR AND MAINTENANCE. "Ordinary repair and maintenance" means work for which a permit issued by the City of Pasco is not required by law, and where the Purpose and effect of such work is to correct any deterioration or decay of or damage to the real property or structure appurtenance therein and to restore the same, as nearly as may be practicable, to the condition or to the occurrence of such deterioration, decay, or damage. 27.060.100 OWNER. "Owner" of property is the owner of record as exists on the Franklin County Assessor's records. 27.060.105 SIGNIFICANCE OR SIGNIFICANT. "Significance" or "significant" used in the context of historic significance means the following: a property with local, state, or national significance is one which helps in the understanding of the history prehistory of the local area, state, or nation (whichever is applicable) by illuminating the local, statewide, or nationwide impact of the events or persons associated with the property, or its architectural type or style in information potential. The local area can include The City of Pasco, Franklin County, or southeastern Washington, or a modest geographic or cultural area, such as a neighborhood. Local significance may apply to a property that illustrates a theme that is important to one or more localities, state significance to a theme important to the history of the state: and national significance to property of exceptional value in representing or illustrating an important theme in the history of the nation. 27.060.106 SITE. A "site" is a place where a significant event or pattern of events occurred. It may be the location of prehistoric or historic occupation or activities that may be marked by phvsical remains: or it may be the symbolic focus of a significant event or pattern of events that may not have been actively occupied. A site may be the location of ruined or now non - extant building or structure of the location itself possesses historic cultural or archaeological significance. 27.060.110 SPECIAL VALUATION. "Special Valuation for Historic Properties" or "Special Valuation" means the local option program which when implemented makes available to property owners a special tax valuation for rehabilitation of historic properties under which the assessed value of an PMC Title 27 8/7/2006 (REVISED 9/15/14) eligible historic property is determined at a rate that excludes, for up to ten years, the actual cost of the rehabilitation. (Chapter 84.26 RCW). 27.060.115 STATE REGISTER OF HISTORIC PLACES. "State Register of Historic Places" means the state listing of properties significant to the community state or nation but which may or may not meet the criteria of the National Register. 27.060.120 STRUCTURE. A "structure" is a work made up of interdependent and interrelated parts in a definite pattern of organization. Generally constructed by man, it is often an engineering project. 27.060.125 UNIVERSAL TRANSVERSE MERCATOR OR UTM. "Universal Transverse Mercator" or "UTM" means the grid zone in metric measurement providing for an exact point of numerical reference. 27.060.126 WAIVER OF A CERTIFICATE OF APPROPRIATENESS. "Waiver of a Certificate of Appropriateness" or "Waiver" means the document indicating that the commission has reviewed the proposed whole or partial demolition of a local register pmperty or in a local register historic district and failing to find alternatives to demolition has issued a waiver of a Certificate of Appropriateness which allows the building or zoning official to issue a permit for demolition 27.060.130 WASHINGTON STATE ADVISORY COUNCIL'S STANDARDS FOR THE REHABILITATION AND MAINTENANCE OF HISTORIC PROPERTIES. "Washington State Advisory Council's Standards for the Rehabilitation and Maintenance of Historic Properties" or "State Advisory's Council's Standards" means the rehabilitation and maintenance standards used by the City of Pasco Historic Preservation Commission as minimum requirements for determining whether or not an historic property is eligible for special valuation and whether or not the property continues to be eligible for special valuation once it has been so classified. CHAPTER 27.070 CITY OF PASCO HISTORIC PRESERVATION COMMISSION Sections: 27.070.010 CREATION AND SIZE ................................................................ ............................... 8 27.070.020 COMPOSITION OF THE COMMISSION .................................... ..............................8 27.070.030 TERMS ........................................................................................... ..............................8 27.070.040 POWERS AND DUTIES ............................................................... ..............................8 27.070.050 COMPENSATION ...................................................................... ............................... 10 27.070.060 RJPb BYLAWS AND OFFICERS .......................................... ............................... 10 27.070.070 COMMISSION STAFF ............................................................... ............................... 10 27.070.010 CREATION AND SIZE. There is hereby established a City of Pasco Historic Preservation Commission, consisting of not less than five (5) and no more than seven (7) members, as provided in Sections 27.070.020 and 27.070.030 below. Members of the City of Pasco Historic Preservation Commission shall be appointed by the Mayor and approved by the Pasco City Council and shall be residents or own property in the City of Pasco, except as provided in Section 27.070.020(2) below. 27.070.020 COMPOSITION OF THE COMMISSION. 1) All members of the Commission must have a demonstrated interest and competence in historic preservation and possess qualities of impartiality and broad judgment. 2) The commission shall always include at least two (2) professionals who have experience in identifying, evaluating, and protecting historic resources and are selected from among the disciplines of architecture, history, architectural history, planning, prehistoric and historic archaeology, folklore, cultural anthropology, curatorship, conservation, landscape architecture, or related disciplines. The Commission action that would otherwise be valid shall not be rendered invalid by the temporary vacancy of one or all of the professional positions. Furthermore, exception to the residency PMC Title 27 8/7/2006 (REVISED 9/15/14) requirement of Commission members may be granted by the Mayor and City Council in order to obtain representatives from these disciplines. 3) In making appointments, the Mayor may consider names submitted from any source. 27.070.030 TERMS. The original appointment of members to the Commission shall be as follows: two (2) for two (2) years; two (2) for three (3) years; and ene (1) three for four (4) years. Thereafter, appointments shall be made for a three (3) year term. Vacancies shall be filled by the Mayor for the unexpired term in the same manner as the original appointment. 27.070.040 POWERS AND DUTIES, 1) Responsibility. The major responsibility of the Historic Preservation Commission is to identify and actively encourage the conservation of Pasco's historic resources by reviewing National Register properties applying for Special Tax Valuation; to raise community awareness of Pasco's history and historic resources; and to serve as the City of Pasco's primary resource in matters of history, historic planning, and preservation. In carrying out these responsibilities, the Historic Preservation Commission shall engage in the following: a) Conduct and maintain a comprehensive inventory of historic resources within the boundaries of the records with an "HI" (for historic inventory designation) This designation shall not change or modifv the underlving zone classification. b) Initiate and maintain the City of Pasco Register of Historic Places This official register shall be c) Review nominations to the City of Pasco Register of Historic Places according to criteria in Section 27.075 of this ordinance and adopt standards in its bylaws to be used to guide this review. d) Review proposals to construct, change alter, modify, remodel move demolish or significantly affect properties or districts on the register as provided in Section 27.076: and adopt standards in its bylaws to be used to guide this review and the issuance of a certificate of avyronriateness or waiver. e) Provide for the review either by the commission or its staff of all applications for approvals, permits. historic resources or adjacent properties. f) a)-Conduct all Commission meetings in compliance with Chapter 42.30 RCW, Open Public Meetings Act, to provide for adequate public participation and adopt standards in its tales bylaws to guide this action. g) b)-Participate in, promote and conduct public information, educational and interpretive programs pertaining to historic and prehistoric resources. h) e)-Establish liaison support, communication and cooperation with federal, state, and other local government entities which will further historic preservation objectives, including public education, within the City of Pasco. i) 4) Review and comment to the Pasco City Council on land use, housing and redevelopment, municipal improvement and other types of planning and programs undertaken by any agency of the City of Pasco, other neighboring communities, the Franklin County, the State or Federal governments, as relate to historic resources of the City of Pasco. j) e) Advise the Pasco City Council and the Mayor generally on matters of Pasco's history and historic preservation. k) 4) Perform other related functions assigned to the Commission by the Pasco City Council or the Mayor. 1) g) Provide information to the public on methods of maintaining and rehabilitating historic properties. This may take the form of pamphlets, newsletters, workshops, or similar activities. PMC Title 27 8/7/2006 (REVISED 9/15/14) m) h) Officially recognize excellence in the rehabilitation of historic buildings, structures, sites and districts, and new construction in historic areas; and encourage appropriate measures for such recognition. n) i) Be informed about and provide information to the public and City of Pasco departments on incentives for preservation of historic resources including legislation, regulations and codes which encourage the use and adaptive reuse of historic properties. o) Review nominations to the State and National Registers of Historic Places p) a) Investigate and report to the Pasco City Council on the use of various federal, state, local or private funding sources available to promote historic resource preservation in Pasco. q) k� Serve as the local review board for Special Valuation and: 1. Make determinations concerning the eligibility of historic properties for special valuation; 2. Verify that the improvements are consistent with the Washington State Advisory Council's Standards for Rehabilitation and Maintenance: 3. Enter into agreements with property owners for the duration of the special valuation period as required under WAC 254 -20- 070(2); 4. Approve or deny applications for special valuation; Monitor the property for continued compliance with the agreement and statutory eligibility requirements during the 10 year special valuation period; 5. Monitor the proverty for continued compliance with the agreement and statutory eligibility requirements during the 10 year special valuation period: and: 6. Adopt rules bylaws and/or administrative rules and comply with all other local review board responsibilities identified in Chapter 84.26 RCW. r) 4) The Commission shall adopt roles bylaws to address their responsibilities under this ordinance. 27.070.050 COMPENSATION. All members shall serve without compensation. 27.070.060 RULES-BYLAWS AND OFFICERS The Commission shall establish and adopt its own Fules bylaws, and shall select from among its membership a chairperson and such other officers as may be necessary to conduct the Commission's business. 27.070.070 COMMISSION STAFF. Commission and professional staff assistance shall be provided by the Director of Community & Economic Development with additional assistance and information to be provided by other City of Pasco departments as may be necessary to aid the Commission in carrying out its duties and responsibilities under this ordinance. CHAPTER 27.075 CITY OF PASCO REGISTER OF HISTORIC PLACES Sections: 27.075.010 CRITERIA FOR DETERMINING DESIGNATION IN THE REGISTER ............... 11 27.075.020 CITY OF PASCO REGISTER OF HISTORIC RESOURCES ... ............................... 12 27.075.030 REMOVAL OF PROPERTIES FROM THE REGISTER .......... ............................... 12 27.075.040 EFFECTS OF LISTING ON THE REGISTER ........................... ............................... 13 27.075.010 CRITERIA FOR DETERMINING DESIGNATION IN THE REGISTER. With owner's consent. any building, structure, site, object. or district may be designated for inclusion in the City of Pasco Register of Historic Resources if it is significantly associated with the history. architecture archaeology. engineering, or cultural heritage of the community: if it has integrity: is at least 50 years old, or is of lesser age and has exceptional importance: and if it falls in at least one of the following categories: 1. Is associated with events that have made a significant contribution to the broad patterns of national, state, or local history. 2. Embodies the distinctive architectural characteristics of a type, period, style, or method of design or construction, or represents a significant and distinguishable entity whose components may lack individual distinction. PMC Title 27 8/7/2006 (REVISED 9/15/14) 3. Is an outstanding work of a designer, builder, or architect who has made a substantial contribution to the art. 4. Exemplifies or reflects special elements of the City's cultural special economic political aesthetic, engineering, or architectural history , 5. Is associated with the lives of persons significant in national state or local history . 6. Has Yielded or may be likely to yield important archaeological information related to history or prehistory. 7. Is a building or structure removed from its original location but which is significant primarily for architectural value, or which is the only surviving structure significantly associated with an historic person or event. 8. Is a birthplace or grave of an historical figure of outstanding importance and is the only surviving structure or site associated with that person 9. Is a cemetery which derives its primary significance from age from distinctive design features or from association with historic events, or cultural pattems 10. Is a reconstructed building that has been executed in an historically accurate manner on the original site. or historical categories. inclusion in the City of Pasco Register of Historic Resources Members of the Historic Preservation Commission or the commission as a whole may generate nominations In its designation decision the commission shall consider the City of Pasco Register of Historic Resources and the City Comprehensive Plan. 2. In the case of individual properties the designation shall include the Universal Transverse Mercator (UTM) reference and all features— interior and exterior —and outbuildings that contribute to its designation. 3. In the case of districts, the designation shall include description of the boundaries of the district the characteristics of the district iustifving its desi nation: and a list of all properties includin features, structures, sites, and objects contributing to the designation of the district 4. The Historic Preservation Commission shall consider the merits of the nomination according to the criteria in Section 27.075.010 and according to the nomination review standards established in bylaws, at a public hearing Adequate notice will be given to the public the owner(s) and the authors of the nomination, if different, and lessees, if any of the subject property prior to the public hearing circulation in Pasco and any other form of notification deemed appropriate by Pasco If the commission finds that the nominated property is eligible for the City of Pasco Register of Historic Resources the to be adequate for owner consent. Owner consent and notification procedures in the case of districts shall be further defined in bylaws. The public, property owner(s) and the authors of the nomination, if different and lessees, if any, shall be notified of the listing. 5. Properties listed on the City of Pasco Register of Historic Resources shall be recorded on official zoning records with an "HR" (for Historic Register) designation and with the Franklin County Recorder's Office and a certificate of registration of Historical Resource shall be recorded with the Franklin County Auditor's Office as provided by RCW 84.26.060. This designation shall not change or modify the underlying zone classification. 27.075.030 Removal of Properties from the Register PMC Title 27 8/7/2006 (REVISED 9/15/14) In the event that any property is no longer deemed appropriate for designation to the City of Pasco Register of Historic Resources, the commission may initiate removal from such designation by the same procedure as Provided for in establishing the designation. Section 27.075 010. A property may be removed from the City of Pasco Register of Historic Resources without the owner's consent if it fails to maintain minimum register standards. community. Properties are listed individually or as contributing properties to an historic district 2. Prior to the commencement of any work on a register property, excluding ordinary repair and maintenance and emergency measures defined in Section 27.060.060, the owner must request and receive a Certificate of Appropriateness from the commission for the proposed work. Violation of this rule shall bezrounds for the commission to review the property for removal from the register. 3. Prior to whole or partial demolition of a register property, the owner must request and receive a waiver of a Certificate of Appropriateness. 4. Once Pasco is certified as a Certified Local Govemment (CLG), all taxable properties listed on the City of Pasco Register of Historic Resources may be eligible for Special Tax Valuation on their rehabilitation (Section 27.080). CHAPTER 27.076 REVIEW OF CHANGES TO THE CITY OF PASCO REGISTER OF Sections: 27. 076.010 REVIEW REQUIRED ................................................................. ............................... 14 27.076.020 EXEMPTIONS ............................................................................ ............................... 14 27.076.030 REVIEW PROCESS .................................................................... ............................... 14 27.076.010 REVIEW REQUIRED. No person shall change the use, construct any new building or structure, or reconstruct, alter, restore, remodel, repair, move, or demolish any existing property on the City of Pasco Register of Historic Resources or within an historic district on the City of Pasco Register of Historic Resources without review by the commission and without receipt of a Certificate of Appropriateness, or in the case of demolition, a waiver, as a result of the review. The review shall apply to all features of the property, interior and exterior, which contribute to its designation and are listed on the nomination form. Information required by the commission to review the proposed changes are established in commission bylaws. 27.076.020 EXEMPTIONS. The following activities do not require a Certificate of Appropriateness or review by the commission: ordinary repair and maintenance —which includes painting ---or emergency measures defined in Section 27.060.060. 27.076.030 REVIEW PROCESS 1. Requests for Review and Issuance of a Certificate of Appropriateness or Waiver The building or zoning official shall report any application for a hermit to work on a designate d City of Pasco Register of Historic Resources Register property or in a Pasco historic district to the commission. If the activity is not exempt from review, the commission or professional staff shall notify the applicant of the review requirements. The building or zoning official shall not issue any such permit until a Certificate of Appropriateness or a waiver is received from the commission but shall work with the commission in considering building and fire code requirements. 2. Commission Review The owner or his/her agent (architect, contractor, lessee, etc.) shall apply to the commission for a review of proposed changes on a City of Pasco Register of Historic Resources property or within a Pasco PMC Title 27 8/7/2006 (REVISED 9/15/14) historic district and request a Certificate of Apnronriateness or, in the case of demolition a waiver, Each notice. Posting, or publication requirements for action on the application but all such actions shall be The commission's recommendations shall be in writing and shall state the findings of fact an d reasons relied upon in reaching its decision. Any conditions agreed to by the applicant in this review according to standards established in the commission's bylaws. The commission's recommendations and, if awarded the Certificate of Appropriateness shall be transmitted to the building or zoning official If a Certificate of Avurooriateness is awarded the build or zoning official may then issue the permit. 3. Demolition A waiver of the Certificate of Apnronriateness is required before a permit may be issued to allow whole or partial demolition of a designated City of Pasco Register of Historic Resources property or in a Pasco historic district. The owner or his/her agent shall apply to the commission for a review of the initial meeting of the commission, unless either party requests an extension If no request for an extension is made and no alternative to demolition has been agreed to the commission shall act and advise the official in charge of issuing a demolition permit of the approval or denial of the waiver of a Certificate of Appropriateness. Conditions in the case of granting a demolition permit may include allowing the commission up to 45 additional calendar days to develop alternatives to demolition When issuing a waiver the board may require the owner to mitigate the loss of the City of Pasco Register of register. 4. Appeal of Approval or Denial of a Waiver of a Certificate of Appropriateness The commission's decision reizarding a waiver of a Certificate of Appropriateness may be appealed to a hearing examiner pursuant to PMC Chapter 25.84 within ten days The appeal must state the grounds upon which the appeal is based. The anneal shall be reviewed in a closed - record hearing by a hearing examiner pursuant to PMC Chapter 25.84 only on the records of the commission Appeal of the hearing examiner's decision regarding a waiver of a Certificate of Appropriateness may be appealed to Superior Court CHAPTER 27.080 REVIEW AND MONITORING OF PROPERTIES FOR SPECIAL PROPERTY TAX VALUATION Sections: 27.080.010 TIMELINES ................................................................................ ............................... 16 27.080,020 PROCEDURE .............................................................................. ............................... 16 27.080.010 TIMELINES. 1) Applications shall be forwarded to the Commission by the Franklin County Assessor within ten (10) calendar days of filing. PMC Title 27 8/7/2006 (REVISED 9/15/14) 10 2) Applications shall be reviewed by the Commission before December 31 of the calendar year in which the application is made provided that the application is received prior to October 1. 3) Commission decisions regarding the applications shall be certified in writing and filed with the Franklin County Assessor within ten (10) calendar days of issuance. 27.80.20 PROCEDURE. 1) The Franklin County Assessor forwards the application(s) to the Commission. 2) The Commission reviews the application(s), consistent with its tales bylaws, and determines if the application(s) are complete and if the properties meet the criteria set forth in WAC 254 -20- 070(1) and listed in Section 27.090.030 of this ordinance. a) If the Commission finds the properties meet all the criteria, then, on behalf of the City of Pasco, it enters into a Historic Preservation Special Valuation Agreement (set forth in WAC 254 -20 -120 and in Section 27.100 of this ordinance) with the owner. Upon execution of the agreement between the owner and Commission, the Commission approves the application(s) b) If the Commission determines the properties do not meet all the criteria, then it shall deny the application(s). 3) The Commission certifies its decisions in writing and states the facts upon which the approvals or denials are based and files copies of the certifications with the Franklin County Assessor. 4) For approved applications: a) The Commission forwards copies of the agreements, applications, and supporting documentation (as required by WAC 254 -20 -090 (4) and identified in Section 27.090.020 of this ordinance) to the Franklin County Assessor, b) Notifies the state review board that the properties have been approved for special valuation, and c) Monitors the properties for continued compliance with the agreements throughout the 10 -year special valuation period. 5) The Commission determines, in a manner consistent with its tales bylaws, whether or not properties are disqualified from special valuation either because of: a) The owner's failure to comply with the terms of the agreement, or b) Because of a loss of historic value resulting from physical changes to the building or site. c) For disqualified properties, in the event that the Commission concludes that a property is no longer qualified for special valuation, the Commission shall notify the owner, assessor, and state review board in writing and state the facts supporting its findings. 6) For disqualified properties in the event that the commission concludes that a property is no longer qualified for special valuation the commission shall notify the owner, assessor, and state review board in writins and state the facts supporting its findings. CHAPTER 27.090 CRITERIA Sections: 27.090.010 HISTORIC PROPERTY CRITERIA .......................................... ............................... 18 27.090.020 APPLICATION CRITERIA ........................................................ ............................... 18 27.090.030 PROPERTY REVIEW CRITERIA ............................................. ............................... 18 27.090.040 REHABILITATION AND MAINTENANCE CRITERIA ......... ............................... 19 27.090.050 EVALUATION COSTS .............................................................. ............................... 19 PMC Title 27 8/7/2006 (REVISED 9/15/14) 11 27.090.010 HISTORIC PROPERTY CRITERIA: The class of historic property eligible to apply for Special Valuation in City of Pasco means properties listed on the National Register of Historic Places which have been substantially rehabilitated at a cost and within a time period which meets the requirements set forth in Chapter 84.26 RCW, until the City of Pasco becomes a Certified Local Government (CLG). Once a CLG. the class of groyerty eligible to anily for Special Valuation in the City substantially rehabilitated at a cost and within a time period which meets the requirements set forth in Chapter 84.26 RCW. 27.090.020 APPLICATION CRITERIA: Complete applications shall consist of the following documentation: 1) A legal description of the historic property, 2) Comprehensive exterior and interior photographs of the historic property before and after rehabilitation, 3) Architectural plans or other legible drawings depicting the completed rehabilitation work, and 4) A notarized affidavit attesting to the actual cost of the rehabilitation work completed prior to the date of application and the period of time during which the work was performed and documentation of both to be made available to the commission upon request, and 5) For properties located within historic districts, in addition to the standard application documentation, a statement from the Secretary of the Interior or Pasco Director of Community and Economic Development, indicating the property is a certified historic structure is required. 6) Any other documents that the Commission needs to evaluate the request. All costs shall be the responsibility of the applicant. 27.090.030 PROPERTY REVIEW CRITERIA. In its review the Commission shall determine if the properties meet all the following criteria: 1) The property is historic property; 2) The property is included within a class of historic property determined eligible for Special Valuation by the City of Pasco under Section 27.080.020 of this ordinance; 3) The property has been rehabilitated at a cost which meets the definition set forth in RCW 84.26.020(2) (and identified in Section 27.060.020 of this ordinance) within twenty-four months prior to the date of application; and the property has not been altered in any way which adversely affects those elements which qualify it as historically significant as determined by applying the Washington State Advisory Council's Standards for the Rehabilitation and Maintenance of Historic Properties (WAC 254 -20- 100(1). 27.090.040 REHABILITATION AND MAINTENANCE CRITERIA: The Washington State Advisory Council's Standards for the Rehabilitation and Maintenance of Historic Properties in WAC 254- 20 -100 shall be used by the Commission as minimum requirements for determining whether or not an historic property is eligible for special valuation and whether or not the property continues to be eligible for special valuation once it has been so classified. 27.090.050 EVALUATION COSTS: Costs, mutually agreed upon by the applicant and Commission, including but not limited to the costs of professional services, incurred by the Commission in evaluating applications for Special Valuation shall be the responsibility of the applicant(s). PMC Title 27 8/7/2006 (REVISED 9/15/14) 12 CHAPTER 27.100 AGREEMENT Sections: 27.100.010 AGREEMENT ............................................................................. ............................... 20 27.100.010 AGREEMENT. The historic preservation special valuation agreement in WAC 254- 20-12 which shall be recorded with the Franklin County Auditor's Office shall be used by the Commission as the minimum agreement necessary to comply with the requirements of RCW 84.26. 50(2). CHAPTER 27.110 APPEALS Sections: 27.110.010 APPEALS .................................................................................... ............................... 21 27.110.010 APPEALS. A..y aeeisien of the n,.......ission acting an my .._l:.....:.... r,.- Ghajm 3 4.05.510 3 4.05.598 RGW io law. Any deeisieft w addifien te any ether remedy of en the Any decision Commission for of the on an annlication classi ication as historic property under this Cha ter shall be subject to an administrative appeal before the H afing Examiner pursuant to PMC Cha ter 25.84 prior to inifiatiniz an action for avveal to the Franki in Countv Su erior Court as provided in RCW 84.26.130. Any decision of the Commission on the dis u lification of historic moverty eli 'ble fors ecial valuation may be avvealed to the Franklin Coun Board of Equalization in accordance with RCW 84.40.038. 2.This ordinance shall be in full force and effect five days after passage and publication as Section required by law. PASSED by the City Council of the City of Pasco, at its regular meeting of September _, 2014. atkins Matt Mayo ATTEST: APPROVED AS TO FORM: L. Clark Leland B. Ken Debra City C lerk City Attorney PMC I itle 27 8/7/2006 (REVISED 9/15/14) 13 BY -LAWS OF THE CITY OF PASCO HISTORIC PRESERVATION COMMISSION 2014 SECTION 1: GENERAL RULES AND PROCEDURES Theseylaws establish the rules and procedures under which the City of Pasco Historic Prese Lion Commission (HPC or Commission) executes those duties and functions set forth in City Of Pasco City Ordinance No. XXXX— Historic Preservation. A. B. I 1. a name of the organization shall be THE CITY OF PASCO HISTORIC RESERVATION COMMISSION. 1. e purpose is to provide for the identification, evaluation, and protection of historic rfode ources; raise community awareness; and serve as the city's primary resource in matters history, historic planning, and preservation in a manner prescribed in Pasco Municipal (PMC) Section 27.040.010. 1. rhe Commission shall consist of at least five (5) and not more than seven (7) members ppointed by the Mayor and approved by the City Council as prescribed in PMC 7.070.010; 2. `Creation and Size: There is hereby established a City of Pasco Historic Preservation ommission, consisting of at least five (5) and not more than seven (7) members, as rovided in subsection B below. Members of the City of Pasco Historic Preservation hall be appointed by the Mayor and approved by the City Council and shall be residents f the City of City of Pasco, except as provided in subsection B below. 3. omposition of the Commission: b. All members of the commission must have a demonstrated interest and competence in historic preservation and possess qualities of impartiality and broad judgment. c. The commission shall always include at least 2 professionals who have experience in identifying, evaluating, and protecting historic resources and are selected from the disciplines of history, architecture, architectural history, historic preservation, planning, cultural anthropology, archaeology, cultural geography, American studies, law, and real estate. The commission action that would otherwise be valid shall not be rendered invalid by the temporary vacancy of one or all of the professional positions, unless the commission action is related to meeting Certified Local Government (CLG) responsibilities cited in the Certification Agreement between the Mayor and the State Historic Preservation Officer. Furthermore, the Mayor, and City Council may grant exception to the Pasco Jistoric Preservation Commission By -Laws Pagel of 24 SECTI N I - General Rules and Procedures Adopted XX/XX/2014 residency requirement of commission members in order to obtain representatives from these disciplines. d. In making appointments, the Mayor may consider names submitted from any source, but the Mayor shall notify history and city development related organizations of vacancies so that names of interested and qualified individuals may be submitted by such organizations for consideration along with names from any other sources. 4. Terms of Members a. The original appointment of members to the Commission shall be from August 1, 2006 and shall proceed as follows: two (2) for two (2) years; two (2) for three (3) years; and at least one (1) but no more than three (3) for four (4) years. Thereafter, appointments shall be made for a three (3) year term beginning on August 1" of each year. Vacancies shall be filled by the Mayor, for the unexpired term in the same manner as the original appointment. D. ATTENDANCE OF MEMBERS 1. All members shall attend regularly scheduled meetings and shall be on time. If three consecutive regularly scheduled meetings are missed without good cause as determined by the commission, resignation shall be encouraged. E. QUORUM 1. A quorum is a simple majority,otlre five to seven members (depending upon the composition of the quorum) eligjble to -vote at a meeting. Should there be less than five members on the five- member commission at any given time, a quorum of three (3) shall be shall still be required. Should there be less than seven members on the seven - member commission at any given.time, a quorum of five (5) shall be shall still be required. A quorum is necessary to transact any official business. F. OFFICERS AND STAFF 1. The officers of this`organizaton shall be Chairman and Chairman Pro Tem. The Recorder and Secretary, though present, shall-not be members. Officers beyond these mentioned are not a functional need of the commission. Should the need arise on a permanent or temporary basis, the necessary office shall be voted in by a majority vote. 2. All officers shall perform their duties as prescribed by these by -laws and by parliamentary authority adopted by the organization. a. The election for Chairman and Chairman Pro Tem shall be held at the regularly scheduled August meeting. Nominations shall be made from the floor and election held immediately before new business. The officers shall be elected for a one -year term or until their successors are elected, with their term of office beginning immediately after election. b. The Chairman shall preside over all regularly scheduled and all special or called meetings of the Commission. The chairman shall appoint members to specific task forces (ad -hoc) committees which term shall end when the task is completed. All tasks presented to a committee shall be executed in a timely manner. c. The Chairman Pro Tem assumes the duties of the Chairman in the absence of the Chairman. In the absence of the Chairman, the Chairman Pro Tem will have the same powers and duties as those of the Chairman. Pasco Historic Preservation Commission By -Laws Page 2 of 24 SECTION I - General Rules and Procedures Adopted XX/XX/2014 d. The Recorder shall assure that the minutes of all commission meetings are taken and provided to the appropriate persons. e. Commission and professional staff assistance shall be provided by the Director of Community & Economic Development, and additional assistance and information to be provided by other City departments as may be necessary to aid the commission in carrying out its duties and responsibilities as prescribed in PMC Section 27.070.040. f. The Community & Economic Development staff representative shall act as secretary. The secretary shall distribute information to members including minutes, information pertinent to tasks at hand, and all current and updated materials that members are in need of in order to carry out their tasks. Also, the secretary shall act as an advisor to the Commission and shall notify members of meeting dates and times not less than five (5) days before the meeting. E. POWERS AND DUTIES 1. The major responsibility of the Historie,Preservation Commission is to identify and actively encourage the conservation of the City of City of Pasco's historic resources by initiating and maintaining a register of historic resources, reviewing proposed changes to register properties, raising community awareness of the city's history and historic resources; and serving as the city's primary resource in matters of history, historic planning, and preservation. 2. Review nominations to the City of Pasco Register of Historic Places according to criteria in PMC 27.080 and adopt standards to be used to,guide this,review. 3. Review proposals to construct, change, alter, modify, remodel, move, demolish or significantly affect properties or districts on the register as provided in PMC 27.090.040; and adopt standards to be used to guide this review, and the issuance of a certificate of appropriateness. 4. No member of the HPC shall advise or express. an opinion about a proposed Certificated of Appropriateness outside, of a regular meeting. F. MEETINGS 1. The regularly scheduled meeting of this Commission shall be monthly with the date and time determined by a vote of the Commission and will be held in a predesignated location unless otherwise directed by the Chairman or a commission vote in compliance with Chapter 42 -30, RCW, Open Public Meeting Act, to provide for adequate public participation and'adopt standards to guide this action. All meetings shall start on time and shall be executed expeditiously by the Chairman. 2. Special meetings may be called by the Chairman. The purpose of the meeting will be stated in the call. Except in emergencies, at least three (3) days notice shall be given for special meetings and five (5) days notice for regularly scheduled meetings. 3. Parliamentary authority of the meetings shall be the current edition of Robert's RULES OF ORDER NEWLY REVISED. 4. Procedures for conducting regular meetings. a. Pre - Meeting Pasco Historic Preservation Commission By -Laws Page 3 of 24 SECTION I - General Rules and Procedures Adopted XX/XX/2014 i. If there are agenda items, regular meetings will be held monthly and a date and time specified by the HPC. In case of scheduling conflicts the meeting place may be changed at the discretion of the Chair with ten (10) days advance notice given to HPC members and the public. If the meeting date falls on an official holiday, the meeting may be changed to a time and place as determined by the HPC at the preceding month's meeting. If such a change occurs, the regular meeting place will be posted as to the new time and place. ii. If there are no agenda items, the Chair may cancel the regular meeting after giving all HPC members and the public 24 hours advance notice. However, if a majority of HPC members express the desire to hold the meeting, it shall convene as scheduled. If the meeting is canceled, a notice to that effect will be posted at the regular meeting place at the;regular time. iii. Special meetings may be called by the Chair or by a majority of the HPC members. Commission members will be given at least 24 hours advance notice of the time and place of such meetings. iv. All regular and special meetings will be open to the public and the date, place and agenda will be publicized in accordance with the Open Public Meetings Act (Chapter 42.30 RCW) except when a majority of Commission members determine that an executive session is necessary as detailed in the Open Public Meeting Act­(Chapter 42.3Q 110). The agenda for regularly scheduled meetings`shall be posted and advertised 48 hours prior to the regularly scheduled meetings. V. The order of agenda items will he determined by their order of receipt. All applications, including designation review "and special valuation review must be filed at least one (1) month before the meeting at which the case is to be considered. This allows staff sufficient time to copy and distribute materials to HPC members. Design Review applications must be filed at least one (1) week prior to the regularly scheduled meetings at which they are foabe considered. vi. Staff shall be responsible for notifying principles in each case as specified under the rules for review procedures. b. Regular Order of Business for Meetings i. ,Business will be conducted under Robert's Rules of Order. All issues will be decided by simple majority vote except amendments to the By -Laws, which require a vote of two- thirds (2/3) of the membership. ii. Three (3) members or 60 percent (60 %) of the non -vacant membership on the HPC constitute a quorum. Meetings without a quorum will be recessed to the earliest possible date. iii. Minutes will be taken during all HPC proceedings.. iv. The regular order of business shall be as follows: (a) Call to order. (b) Roll call. (c) Adoptions of minutes. Pasco Historic Preservation Commission By -Laws Page 4 of 24 SECTION I - General Rules and Procedures Adopted XX/XX/2014 (d) Unfinished business. (e) New business. (f) Other business. (g) Adjournment. v. The regular order of business for consideration for applications for local register review, design review and special valuation review shall be as follows: (a) The Chair shall open the hearing and have staff offer a preliminary statement concerning the application. (b) The applicant or the designated agent of the applicant presents statements in favor of the application including relevant pictures, models, etc. (c) Statements in opposition to the application. (d) Comments by interested persons, organiz #tions, or legal entities. (e) Rebuttal by all concerned parties. (f) Staff comments. (g) Summary of above by Chair or chair- designated'person. (h. The Chair shall close the hearing and initiate deliberation by Commission. (i) Motion for action. (j) Vote. During the course of the meeting, the above procedure may be temporarily modified by the concurrence of all parties and the HPC. vi. The HPC shall act on each application at the meeting unless a majority of the'Commission decide to defer consideration to a later date. Requests for continuance may be granted if all parties agree. The Chair will publicly announce the continuance, and the case automatically set on the agenda for the next regularly scheduled meeting. In such a case, no further notice is required for the.principles in the case. vii. In the event of the.uncontrollable disruption of the meeting, the HPC may clear the meeting room and continue in executive session or may adjourn and reconvene at another location selected by majority vote of the members. In such a case, business shall be restricted to those items on the printed agenda. Persons or news media representatives not participating in the disturbance'may be readmitted in this situation. c. Plan for copying, distributing and implementing rules i. The master copies of all historic preservation related rules and procedures, application standards, criteria, and standard forms will remain on file with the City of City of Pasco in electronic format. Complete copies of these documents will be made available to the Mayor and members of the City Council and the general public via the City of Pasco website. Electronic and/or hard copies of Design and Designation Review processes documents will be made available to the Building Inspector. Complete electronic copies Pasco Historic Preservation Commission By -Laws Page 5 of 24 SECTION I - General Rules and Procedures Adopted XX/XX/2014 of all such documents will be provided for the members of the HPC, the City Clerk staff and OAHP. G. AMENDING BY -LAWS These by -laws may be amended at any regularly scheduled meeting of The City of Pasco Historic Preservation Commission by a 2/3 vote of the attending membership provided the amendment has been submitted in writing. Pasco Historic Preservation Commission By -Laws Page 6 of 24 SECTION I - General Rules and Procedures Adopted XX/XX/2014 SECTION II: RULES AND PROCEDURES FOR DESIGNATION REVIEWS — CITY OF PASCO REGISTER OF HISTORIC PLACES Under the provisions of the City of Pasco Historic Preservation Ordinance (HPO) the City of Pasco Historic Preservation Commission (HPC or Commission) is directed to initiate and maintain a City of Pasco Register of Historic Places (RHP or Register) and to review nominations to the Register. Any building, structure, site, object or district may be placed on the Register if: 1. The HPC determines it meets RHP criteria. 2. The Pasco City Council approves it. 3. The owner consents to register placement of the property. Any individual, group of property owners or other interested group or association, City or County Council member, City of Pasco Historic Preservation Commission member or HPC as a whole may nominate a building, structure, site, object or district for inclusion on the Register. There shall be a minimum of one (1) public hearing as well as a posting of the hearing. Owner consent for individual properties is required for placement on the RHP. A. CITY OF PASCO REGISTER OF HISTORIC PLACES CRITERIA The following are criteria for the inclusion of properties on the City of Pasco Register of Historic Places (RHP) as stated in the United States Secretary of Interior Standards and pertaining to PMC 27.075.010. Any building, structure, site, object, or district may be placed on the RHP if it is significantly associated with history, architecture, archaeology, engineering, or cultural heritage of the City of Pasco; has historical integrity; is at least 50 years old, or, if younger, possesses exceptional importance; and if it meets at least one of the following criteria set forth by the Secretary of the Interior Standards: I . It is associated with events that have made a significant contribution to the broad patterns of national, state or local history. 2. It embodies the distinctive architectural characteristics of a type, period, style, or method of construction, or represents a significant and distinguishable entity whose components may lack individual distinction. 4. It is an outstanding work of a designer, builder or architect who has made a substantial contribution to the art. 5. It exemplifies or reflects special elements of the City's cultural, special, economic, political, aesthetic, engineering or architectural history. 6. It is associated with the lives of persons significant in national, state, or local history. 7. It has yielded or is likely to yield important archaeological information. 7. It is a building or structure removed from its original location but which is significant primarily for architectural value, or which is the only surviving structure significantly associated with an historic person or event. Pasco Historic Preservation Commission By -Laws Page 7 of 24 SECTION II - Design Review Adopted XX/XX/2014 8. It is a birthplace or grave of a historical fixture of outstanding importance and is the only surviving structure or site associated with that person. 9. It is a cemetery that derives its primary significance from age, from distinctive design features, or from association with historic events or cultural patterns. 10. It is a reconstructed building that has been executed in a historically accurate manner on the original site. 11. It is a creative and unique example of folk architecture and design created by persons not formally trained in the architectural or design professions, and which does not fit into formal architectural or historical categories. B. APPLICATION STANDARDS FOR CITY OF PASCO REGISTER OF HISTORIC PLACES An acceptable City of Pasco Register of Historic Places application is a nomination form completed according to uniform guidelines of the City of Pasco Historic Preservation Commission. All interior and exterior features and outbuildings that contribute to the designation should be mentioned and described. District designations should include a description of proposed district boundaries including alleys, the characteristics of the district which justifies its designation, and a list of all properties including features, structures, sites, objects and open spaces which contribute to the designation of the district. The original form should be presented along with the following documentation: 1. Copy of the historic property inventory form. 2. Current and historic (if available) photographs. 3. Newspaper articles. 4. Other relevant materials. Uncompleted forms or those with insufficient documentation will not be considered and will be returned to the applicant with recommendations C. PROCEDURES FOR DESIGNATION REVIEW MEETINGS 1. Pre - meeting a. Applicant or Designated Agent: i. Meets with HPC staff (Staff) concerning the application form and the necessary documentation. ii. Submits the completed application to Staff at least one (1) month before the regularly scheduled meeting at which the application is to be considered. b. Staff- i. Meets with the applicant concerning the application form and the necessary documentation. Pasco Historic Preservation Commission By -Laws Page 8 of 24 SECTION II - Design Review Adopted XX/XX/2014 ii. Reviews the application for completeness and includes the case on the agenda based on determination that the application is complete. 2. Meeting a. Designation review will occur as a hearing held during a regularly scheduled meeting as detailed in the rules for conducting HPC meetings. b. The regular order of business for consideration of applications to the RHP shall be as follows: i. The Chair shall open the hearing and shall call upon staff to offer a preliminary statement concerning the application. ii. The applicant or designated agent of the applicant presents statements in favor of the application including relevant pictures, models, etc. iii. Questions by Commissioners. iv. Statements in opposition to the application. v. Comments by HPC, interested persons, organizations or legal entities. vi. Rebuttal by all concerned parties. vii. Staff comments. viii. Summary of above by Chair or designated person and closing of the hearing. ix. Deliberation by Commission. x. The motion for the recommendation should be based on the designation criteria. Criteria should be included in the motion. During the course of the hearing, the above procedure may be temporarily modified by the concurrence of all parties and the HPC. c. Commission members apply designation criteria, as outlined in the Secretary of the Interior's Standards, to the property or district to evaluate the nomination. The members should consider information related to the designation criteria as presented above during the designation hearing and from the site visit. The Commission: i. Determines the category of historic property. ii. Establishes a context for evaluating the property. iii. Identifies the level of significance (National, State, local). iv. Evaluates the integrity of the property. v. Determines if there are special conditions that might make the property eligible. vi. Determines if the property meets the criteria. vii. Votes on the recommendation. 3. Post Meeting a. Staff and/or Chair: Pasco Historic Preservation Commission By -Laws Page 9 of 24 SECTION II - Design Review Adopted XX/XX/2014 i. Notify owner and applicant in writing of the HPC's recommendation within one (1) week of the meeting. ii. Notify applicant of the appeals process if the recommendation is against placement of the property on the Register. iii. Get the owner's written acknowledgement when the property is placed on the Register. iv. Shall forward the Commission's recommendation for individual properties to the City Council including the application and supporting documentation, including letters of support and opposition, and the owner's written acknowledgement to the City Council for final determination. v. Shall forward district nomination with the HPC's recommendation with supporting documentation to the City Council for final determination. vi. Notifies the Building Inspector if the property is listed on the Register. vii. Notifies applicant of the City Council's final decision. b. City of Pasco City Council: Once the case is with City Council, they can concur with or reject the Commission's recommendation, or send the case back to the Commission for further study. If the Council: i. Concurs with a positive recommendation the property is listed on the City of Pasco Register of Historic Places (RHP) by resolution. ii. Concurs with a negative recommendation, the property is not listed on the RHP. iii. Rejects the recommendation; the case goes back to the HPC. C. City of Pasco Historic Preservation Commission If the recommendation is rejected by the City Council, at the next regularly scheduled meeting, the Commission: i. Shall decide whether any other protection for the property is necessary or possible. D. APPEALS OR 1. A negative recommendation or a non - acceptance of an application by the HPC is not irrevocable. If new information becomes available or if the applicant wishes, the application may be resubmitted with HPC approval to the HPC. In such a case, the entire procedure must be repeated. 2. Any decision of the Commission on an application for classification as historic property Commission on the disqualification of historic Property eligible for special valuation may be appealed to the Franklin County Board of Equalization in accordance with RCW 84.40.038. In such a case, documentation shall be limited to that nomination material presented during the HPC public meeting and the minutes of that meeting. Pasco Historic Preservation Commission By -Laws Page 10 of 24 SECTION II - Design Review Adopted XX/XX/2014 E. MISCELLANEOUS 1. Once a property has been approved by the HPC for placement on the City of Pasco Register of Historic Places, the Certificate of Appropriateness review process becomes effective. If the City Council does not concur with the HPC's recommendation and the property is not listed, the review process no longer applies. 2. If the case involves a historic district, the boundaries of that district are set with City Council approval by resolution. 3. In the event that any property is no longer deemed appropriate for designation to the City of Pasco Register of Historic Placed, the HPC may initiate removal by following the same procedure as provided for listing. 4. In its designation recommendation, the Commission shall consider the City of Pasco Historic Inventory and the City Comprehensive Plan. Pasco Historic Preservation Commission By -Laws Page 11 of 24 SECTION II - Design Review Adopted XX/XX/2014 SECTION HI: RULES AND PROCEDURES FOR DESIGN REVIEW AND ISSUANCE OF A CERTIFICATE OF APPROPRIATENESS — CITY OF PASCO REGISTER OF HISTORIC PLACES Design Review is the process through which the City of Pasco Historic Preservation Commission (HPC or Commission) reviews proposed changes to City of Pasco's historic resources. Once a property is listed on the City of Pasco Register of Historic Places (RHP), any work done on the exterior of the property that would ordinarily necessitate a building permit will, in addition, require a Certificate of Appropriateness. These activities include: 1. Alterations to historic structures. 2. New construction within historic districts. 3. Change of use. 4. Replacement and repair. 5. Demolition of historic structures. The basis for all rehabilitation design review shall be the Standards of Rehabilitation developed by the United States Department of Interior a. Every reasonable effort shall be made to provide compatible use for a property, which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. b. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural feature should be avoided when possible. C. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. d. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. e. Distinctive stylistic features or examples of skilled craftsmanship shall be treated with sensitivity. £ Deteriorated architectural features shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplication of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures. g. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. Pasco Historic Preservation Commission By -Laws Page 12 of 24 SECTION III - Design Review & Certificate of Appropriateness Adopted XX/XX/2014 h. Every reasonable effort shall be made to protect and preserve archeological resources affected by, or adjacent to, any project. i. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, and such design is compatible with the size, scale, color, material, and character of the property, neighborhood, or environment. j. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired. The Certificate of Appropriateness is approved by the HPC as required under powers granted it by the Historic Preservation Ordinance of the City of Pasco (PMC 27.070.040). A. PROCEDURES FOR CONDUCTING MEETINGS Pre - meeting a. Applicant/Designated Agent An applicant wishing to make such changes: i. Applies to the Building Inspector according to usual procedure. ii. Applies to the HPC staff for a review of proposed changes on a City of Pasco Register of Historic Places property or within a historic district. iii. May meet with HPC or staff to review design guidelines. iv. Submits application for design review at least one (1) week before a regularly scheduled meeting. b. Building Inspector: i. Report to the HPC staff on any application for a permit to work or a designated City of Pasco Register of Historic Places property or a property within a designated City of Pasco Historic District. ii. Continues processing the permit. iii. Works with the HPC staff in considering fire and building codes. iv. Does not issue permits until the HPC recommendations are received. C. Staff: i. Notify the applicant of the Commission review requirements. ii. May meet with the applicant to transmit design guidelines and information on necessary documentation and completion of the application form. iii. After the form is submitted, review it for completeness. iv. If the form is complete, place the case on the agenda for the next regularly scheduled meeting. V. Make arrangements, if necessary, for the HPC to visit the property. This may include interior visitation. vi. Review the modifications and prepare a report for the Commission. d. City of Pasco Historic Preservation Commission: i. Review application and staff report. ii. May visit the property. Pasco Historic Preservation Commission By -Laws Page 13 of 24 SECTION III - Design Review & Certificate of Appropriateness Adopted XX/XX/2014 e. Meeting: i. Design review will occur at regularly scheduled meetings. Design review applications will be considered in the order in which the Commission received them. ii. The regular order of business for consideration of design review applications shall be as follows: (1) The Chair will open the hearing and staff shall offer a preliminary statement concerning the application. (2) The applicant or the designated agent of the applicant presents statements in favor of the application including relevant pictures, models, etc. (3) Statements in opposition to the application. (4) Comments by interested persons, organizations or legal entities. (5) Rebuttal by all concerned parties. (6) Staff comments. (7) Summary of above by Chair or designated person and closing the hearing. (8) Deliberation by Commission. During the course of the hearing, the above procedure may be temporarily modified by the concurrence of all parties and the HPC. iii. As part of this deliberation, the HPC shall review the proposed work, using information from the site visit and application materials, comparing this information with the design review criteria established in Rules. The design review criteria for the City of Pasco shall be those as outlined in The Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. (1) If the alterations meet the Standards, a Certificate of Appropriateness is issued. (2) If the alterations fail to meet the Standards, the Certificate of Appropriateness not issued, the HPC notifies the Building Inspector that the recommendation is against the issuing of the permit. (3) If the alterations would meet the Standards with modification, the Certificate of Appropriateness is issued with Conditions of Issuance. 2. Post Meeting a. Owner/Designated Agent: The owner /designated agent has the following options: i. If the owner agrees in writing to comply with the HPC's recommendations and Conditions or Issuance, s(he) receives a Certificate of Appropriateness. Pasco Historic Preservation Commission By -Laws Page 14 of 24 SECTION III - Design Review & Certificate of Appropriateness Adopted XX/XX/2014 ii. If the owner disagrees with the recommendation, s(he) can drop the case and reapply with modifications. The applicant should be encouraged to reapply to the Commission with modified plans. iii. The owner may appeal the decision of the HPC to the Pasco City Council (PMC 27.110.010). iv. The owner may request removal of a property not part of a local district from the City of Pasco Register of Historic Places; however a building permit is still required through the Building Inspector. b. Staff: i. Issue the commission's recommendation as a finding of fact, clearly stating the intended modifications and how they meet or fail to meet the Secretary of the Interior's Standards. ii. Within a week of the meeting notify the owner /designated agent in writing of the Commission's decision. iii. Get the owner /designated agent's signature on the Certificate of Appropriateness. iv. Within thirty (30) days of the receipt of the complete application, forward the Commission's recommendation, the Certificate of Appropriateness (if issued) and any Conditions of Issuance to the Building Inspector. C. Building Inspector: After receiving the Certificate of Appropriateness (if issued) and any Conditions of Issuance from the HPC staff, the Building Inspector may: i. Issue the permit. ii. Notify the HPC of the permit issuance. B. APPLICATION STANDARDS Documentation is required for alterations to or demolition of a property on the City of Pasco Register of Historic Places (RHP) or for new construction within a district on the Register. Required documentation shall minimally include all the materials identified illustrating: 1. Existing conditions. 2. Proposed alterations. 3. Affect on historic properties (impact). At least one (1) copy of the documents detailed below must be submitted with the application. These will remain on file with the HPC. All drawings, mean plans and elevations must be drawn to scale or have the measurements included and be signed by the architect or draftsman. For phased projects, one (1) copy of all required documentation shall be submitted for each phase of the project. 1. Alterations: Pasco Historic Preservation Commission By -Laws Page 15 of 24 SECTION III - Design Review & Certificate of Appropriateness Adopted XX/XX/2014 a. Existing conditions i. A copy of the City of Pasco Register of Historic Places nomination. ii. Photographs must be clearly labeled to identify case, locations, subjects and the direction the photograph was taken. Necessary photographs include: (1) Building on lot, including elevations and facades that are to be altered. b. Proposed alterations i. On the Certificate of Appropriateness precise written statement describing work on City of Pasco Register of Historic Places property. ii. Working drawings, where applicable. iii. For rehabilitation or restoration work, historic photographs (if available) and statement of physical or documentary evidence for proposed changes particularly if replacement is proposed. iv. Materials, samples and additional photographs may be required by the HPC. V. Descriptions of proposed signs, re- roofing plans, fences, parking lots and landscaping changes. vi. Other information as required. C. Impact Show how proposed alterations would affect historic elements listed in the property nomination form. d. The Secretary of the Interior has established Standards for Rehabilitation to be considered during the Design Review process. When necessary, refer to these Standards to guide in the design review criteria. (See Section III, a j of this document). Many features define the historic character of a property or district. Cladding whether of wood or masonry; style, composition and decorative features of the roof; the presence of architectural metals; window number, arrangements and styles; entrances and porches; storefronts on commercial buildings; internal arrangement and detailing; and the historic relationship between buildings, landscape features and open space, as well as many other materials and features can contribute to a property's character. After identifying the distinguishing historic characteristic of a property subject to the Design Review process, retention and preservation of those features and materials is the primary goal of the Design Review effort. This is accomplished through the review process individual to each property. However, there are preferred options, specified by the Secretary of the Interior, common to each property. i. Protecting and Maintaining ii. Repairs Pasco Historic Preservation Commission By -Laws Page 16 of 24 SECTION III - Design Review & Certificate of Appropriateness Adopted XX/XX/2014 Repairs may include patching, splicing, piecing in, or reinforcing present materials and features (including upgrading individual elements of a feature), following recognized preservation methods. If there are seriously deteriorated or missing elements along with surviving models or prototypes, repairs may also include limited in kind replacement or replacement with a compatible substitute material if the original material is not economically feasible. In repairing, duplication of the appearance, strength, composition, color and texture is sought. For example, in repainting masonry, care should be taken to replicate the size and shape of the mortar joint and the color of the mortar. For repairing stucco, the damaged material should be removed and the stucco matched in strength, composition, color and texture. iii. Replacing If an entire feature is too deteriorated to repair, but the overall form and detailing are still evident, the feature should be replaced. The replacement should attempt to replicate the original, using the physical evidence to guide the new work. If using the exact material is not technically or economically feasible a compatible substitute material may be considered. The substituted material should offer the same, or greater, structural support. iv. Design for Missing Historic Features Due to its complex technical and/or design implications, this option should only be considered after the other possibilities have been explored. It entails designing and installing a copy when the historic feature or model is physically missing. A restoration using historical descriptions, pictorial representations, and/or physical documentation may be attempted, or a new design, compatible in size, scale, material and color may be substituted. V. Alterations and Additions New additions to historic buildings should be a last resort and should be placed to minimize loss, damage or the obscuring of character defining features. Both internal and external alterations should be as inconspicuous as possible from public rights -of -way and from main interior spaces. Such new features should be compatible with overall building design in terms of size, scale, material and color, but should not try to duplicate existing historical features. Excavations adjacent to historic foundations should be limited to avoid damage to those foundations or to any archeological deposits that may be nearby. Pasco Historic Preservation Commission By -Laws Page 17 of 24 SECTION III - Design Review & Certificate of Appropriateness Adopted XX/XX/2014 Alterations for health and safety codes or for energy retrofitting should be done so that the historic building's character defining spaces, features, etc., will not be impacted. 2. New Construction: New construction refers to building within a local historic district listed on the City of Pasco Register of Historic Places. A Certificate of Appropriateness (COA) is required. a. Existing conditions i. Site plan or measured drawing indicating the following: (1) Existing adjacent buildings. (2) Property lines and utilities. (3) Right of ways. (4) Building setbacks and allowed side yards. (5) Existing planting materials and size. ii. Photographs must be clearly labeled to identify case, location subjects and the direction the photograph was taken. Photographs of structures adjoining the property, as well as those across the street and/or alley are necessary (streetscapes). iii. Other information as required. b. Proposed construction: A precise written statement describing proposed work is required. This is to be included on a HPC Certificate of Appropriateness application form. A site plan including that information specified above shall be included as well as: i. The proposed buildings outline with dimensions relative to property lines and existing buildings adjacent to the property. ii. New parking areas, driveways, utilities, etc. iii. Any proposed planting and landscaping, sidewalks, and patios, mechanical equipment and other appurtenances such as walls, gates and accessory buildings. iv. Other information as required. 3. Demolition: a. A Copy of the nomination of the property to the City of Pasco Register of Historic Places. b. Description of structural integrity. C. Reason or justification for demolition (should include statements of why the property is not salvageable or why it cannot be maintained). d. Any planned new construction. e. Photographs of all sides of structure and the interior. f. Any additional documentation required by the Commission. Pasco Historic Preservation Commission By -Laws Page 18 of 24 SECTION III - Design Review & Certificate of Appropriateness Adopted XX/XX/2014 SECTION IV: PROCESS FOR THE FORMATION OF LOCAL HISTORIC DISTRICTS These rules establish the process for the formation of a local historic district, as set forth in the City of City of Pasco Municipal Code (PMC) 27.075.020(3 &4). A local historic district is a definable district that represents one or more periods of architecture and that is designated by a local ordinance that falls under the jurisdiction of a local historic preservation review commission. It deals only with the appearance of the properties in the district, not with the use of those properties. A local district protects the significant properties and the historic character of the district There shall be an open public meeting to hear the completed nomination of the local historic district. At this meeting, the public shall have the opportunity to speak for or against the formation of the district. After public input, the City of Pasco Historic Preservation Commission shall make a final decision regarding the formation of the local historic district. A. EDUCATION 1. A minimum of two (2) public meetings shall be held. a. Parcel owners in the affected area shall receive written notification of these meeting by U. S. Postal Service. 2. Further public education is desirable. a. Flyers and/or brochures. b. Newspaper articles. 3. An informational packet shall be given to parcel owners. a. Period of significance. b. Design standards. c. Benefits to the parcel owner. B. BOUNDARIES 1. Boundaries shall be stated using street names and map directions. 2. A map of local historic districts shall be posted and available in three (3) public places. a. Map will show boundaries, including alleys, as well as parcels. C. VOTING 1. Ballots shall be sent to all property owners. If multiple parcels are owned, a corresponding number of ballots shall be sent. 2. Ballots shall be shall be mailed to parcel owners with self - addressed stamped, returned envelope enclosed. A positive vote indicates that parcel owner is FOR formation of the district. 3. In order for a district to be formed, there must be a 51% majority. 4. If a property owner owns more than one (1) parcel, s(he) is entitled to one (1) vote per parcel owned. In the case of multiple names appearing on the deed, one (1) signature of an authorized person will be sufficient. 5. Deadline for return of ballots shall be clearly and prominently placed on the ballot. Pasco Historic Preservation Commission By -Laws Page 19 of 24 SECTION IV - Formation of Local Districts Adopted XX/XX/2014 6. Ballots not returned shall be regarded as IMPLIED CONSENT and shall be tallied as in favor of the formation of the local historic district. Implied consent means consent that is inferred by inaction or silence. The consequence of a non - returned ballot shall be clearly stated and prominently displayed on the face of the ballot stating that the ballot shall be counted as a favorable vote. 7. Notification of the vote's outcome shall be mailed to the parcel owners in a timely manner. A legal notice shall also be placed in a local newspaper. 8. A majority vote shall be submitted to the City of Pasco Council for their approval. D. OBLIGATIONS AND BENEFITS 1. Exterior work on ALL properties within the local historic district is subject to a Certificate of Appropriateness (COA), as per PMC 27.076.030. 2. As long as City of Pasco remains a CLG, contributing homes shall be eligible for special tax valuation consideration. a. Special tax valuation requirements are set forth in PMC 27.080. Pasco Historic Preservation Commission By -Laws Page 20 of 24 SECTION IV - Formation of Local Districts Adopted XX/XX/2014 SECTION V: SPECIAL VALUATION REVIEW — CITY OF PASCO REGISTER OF HISTORIC PLACES In 1985, the Washington State Legislature passed a "special valuation" law which makes it possible for Certified Local Governments (CLGs), for a ten (10) year period, to ensure that property taxes will not reflect substantial improvements made to certain classes of properties as identified by the CLG. The CLG may amend the criteria for eligibility, however, if made more restrictive these do not become effective for two (2) years following October 1 of the year they were enacted This means that owners of certain types of historic properties have the potential to realize substantial tax savings. Only properties on the City of Pasco Register of Historic Places or certified as contributing to a City of Pasco Register Historic District are eligible for special valuation. A. PROCEDURES FOR CONDUCTING MEETINGS 1. Pre - Meeting a. Applicant or Designated Agent: At least one (1) month prior to the meeting, the applicant must: i. Consult with the City of Pasco Historic Preservation Commission (HPC) staff prior to beginning rehabilitation work. ii. Submit the application to the County Assessor on a Department of Revenue form no later than 24 months after initiating work. The application must be submitted before October 1 for action before December 31 of that year. iii. Monitor construction work to ensure that it conforms to the Secretary of the Interior's Standards for Rehabilitation (Standards)(See Section III, a j of this document). iv. Maintain accurate records of projects costs and dates. b. County Assessor: i. Reviews the application for completeness. ii. Verifies the legal owner and legal description. iii. Submits the application to the HPC within ten (10) working days of receipt of the completed application. c. Staff: i. Places the case on the agenda for the next regularly scheduled meeting as long as there is at least thirty (30) days review period before that meeting. If there is not thirty (30) days, the case will be scheduled for the next month's regularly scheduled meeting. ii. Reviews the case and may prepare a report for the Commission. iii. If necessary, arranges a property visitation with the owner for the Commission. d. City of Pasco Historic Preservation Commission: i. Reviews the application and the staff report. ii. If necessary, visits the property. 2. Meeting Pasco Historic Preservation Commission By -Laws Page 21 of 24 SECTION V - Special Valuation Adopted XX/XX/2014 Special valuation review will occur at regularly scheduled City of Pasco Historic Commission meetings. The Special Valuation cases shall be considered in the order the staff receives them. a. The regular order of business for consideration of Special Valuation applications shall be as follows: i. The Chair will open the hearing and staff shall offer a preliminary statement concerning the application. ii. The applicant or the designated agent of the applicant presents statements in favor of the application including relevant pictures, models, etc. iii. Questions by Commissioners. iv. Statements in opposition to the application. v. Comments by City of City of Pasco Planning Department, interested persons, organizations, or legal entities. vi. Rebuttal by all concerned parties. vii. Staff comments. viii. Summary of above by Chair or designated person and closing the hearing. ix. Deliberation by Commission. During the course of the meeting, the above procedure may be temporarily modified by the concurrence of all parties and the HPC. b. City of Pasco Historic Preservation Commission determines if: i. The property is on the City of Pasco Register of Historic Places or certified as contributing to a City of Pasco Register of Historic Districts. ii. The work was done within 24 months prior to the application date. The applicant must submit evidence to this effect. iii. The work complies with the Standards by not adversely affecting those elements that contribute to the property's significance. iv. The "qualified rehabilitation expenditures" constitute at least 25 percent (25 %) of the assessed value of the property prior to the rehabilitation. c. If all the conditions are satisfied, the HPC votes on the recommendation. 3. Post Meeting a. Staff/Commission Chair: i. Notifies the owner in writing within a week of the meeting of the Commissions recommendation. ii. If the property is ineligible, advise the applicant of the reasons for the denial and inform him/her of the appeals process. iii. If the applicant signs the terms of agreement and the Commission approves the application, transmits the application and agreement to the County Assessor's office for recording. iv. Monitors, at least once a year during the special valuation 10 -year period, the owner's compliance with the terms of the agreement. Pasco Historic Preservation Commission By -Laws Page 22 of 24 SECTION V - Special Valuation Adopted XX /XX/2014 v. If the owner fails to comply with the terms of the agreement or, because of the rehabilitation the property loses historic value to such an extent that it is no longer deemed appropriate for inclusion to the City of Pasco Register of Historic Places by a majority of the HPC members, notify the owner and the assessor of the disqualification. B. APPEALS OR RESUBMISSION 1. A negative recommendation or a non - acceptance of an application by the HPC is not irrevocable. If new information becomes available or if the applicant wishes, the application may be resubmitted with HPC approval to the HPC. In such a case, the entire procedure must be repeated. 2. Any decision of the Commission on an application for classification as historic property under this Chanter shall be subject to an administrative appeal before the Hearing Examiner pursuant to PMC Chanter 25 84 prior to initiating an action for Meal to the Franklin County Superior Court as provided in RCW 84.26.130. Any decision of the Commission on the disqualification of historic property eligible for special valuation may be appealed to the Franklin County Board of Equalization in accordance with RCW 84.40.038. In such a case, documentation shall be limited to that nomination material presented during the HPC public meeting and the minutes of that meeting. C. APPLICATION STANDARDS Documentation shall include, at a minimum, all identified materials illustrating: That the property is eligible for Special Valuation status; when the work occurred; whether special valuation financial requirements have been fulfilled; and whether the work complies with the Secretary of the Interior's Standards for Rehabilitation. (See Section III, a j of this document). To properly document each of these divisions, at least one (1) copy of the following documents must be submitted with the application. These will remain on file with the HPC. For phased development plans, the complete process as detailed in rules and regulations must be followed and documentation submitted for each phase. All drawings, mean plans and elevations must be drawn to scale or have the measurement included and be signed by the architect or draftsman. For phased projects, complete documentation must be submitted for every phase of the project. 1. Eligibility. A copy of the nomination form to the City of Pasco Register of Historic Places clearly indicating when the property was listed on the City of Pasco Register of Historic Places. 2. When the work occurred. a. A notarized affidavit of completion of rehabilitation work within 24 months of the date of application. Pasco Historic Preservation Commission By -Laws Page 23 of 24 SECTION V - Special Valuation Adopted XX/XX/2014 2. Special valuation financial requirements required documentation. a. Notarized affidavit attesting to the actual costs of the rehabilitation work. b. The most recent Franklin County Assessor's assessment of the value of the rehabilitated structure. 4. Compliance with the Secretary of the Interior's Standards (See Section Ill, a j of this document). To assure that the applicant has complied with the standards, the following materials are necessary: 1. Precise written statement describing the completed rehabilitation work on the City of Pasco Historic Preservation Commission's application form. 2. A copy of the Design Review application and accompanying documentation, Certificate of Appropriateness for the rehabilitation work from the City of Pasco Historic Preservation Commission, and a copy of the terms of agreement as specified under the Special Valuation rules and procedures. 3. Materials as specified in Application Standards for Design Review illustrating conditions prior to construction (existing conditions), and proposed alterations. 4. The City of Pasco Historic Preservation Commission may require samples of utilized materials. 5. Other information as required. D. CRITERIA The criteria to be followed in the Special Valuation process is the Secretary of the Interior's Standards for Rehabilitation as established in the Federal Code Regulations (36 CFR 67) (See Section III, a j of this document). For the Special Valuation process no new construction is eligible. Pasco Historic Preservation Commission By -Laws Page 24 of 24 SECTION V - Special Valuation Adopted XX/XX/2014 PLANNING COMMISSION MINUTES 7/24/2014 B. Code Amendment Historic Preservation Title 27 Code Amendment IMF# CA 2014 -001) Chairman Cruz read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed the Historic Preservation Title 27 code amendment. The City of Pasco has a Historic Preservation Ordinance allowing for special valuation if there is a valuable property important to Pasco's history. The amendments allow the City of Pasco to create a historical register and to allow that property to receive special valuation at the County level but also State and Federal register for tax benefits. The wording in the proposed code amendment is verbatim from the State and Federal regulations that pertain to this same program. There were no further questions or comments. Chairman Cruz called for public comment. There were no comments and the public hearing closed. Commissioner Kempf moved, seconded by Commissioner Polk, to close the public hearing on the proposed code amendment and initiate deliberations, schedule adoption of findings of fact, conclusions and a recommendation to the City Council for the August 21, 2014 meeting. The motion passed unanimously. PLANNING COMMISSION MINUTES 8/21/2014 A. Code Amendment Historic Preservation Title 27 Code Amendment (MF# CA 2014 -001) Acting Chairwoman Khan read the master file number and asked for comments from staff. Rick White, Community 8c Economic Development Director, discussed the code amendment for the Historic Preservation, Title 27. There was a revised set of bylaws distributed to the Commission prior to the meeting. Mr. White pointed out corrections to the bylaws. Other than the corrections there were no further comments. Commissioner Greenaway asked if the proposed code amendment would have any effect on currently listed historical properties. Mr. White stated that it would not. Commissioner Bachart moved, seconded by Commissioner Polk, the Planning Commission adopt the findings of fact as contained in the August 21, 2014 staff memo on Historic Preservation, Title 27. The motion passed unanimously. Commissioner Bachart moved, seconded by Commissioner Polk, the Planning Commission recommend the City Council adopt the proposed code amendments as shown in the attached "Exhibit A ". The motion passed unanimously. AGENDA REPORT FOR: City Council TO: Dave Zabell, City Manager Rick White, Director Community & Economic Development (/ U FROM: David I. McDonald, City Planner SUBJECT: Sewer Extension Policy I. REFERENCE(S): Sewer Extension Policy — Proposed Resolution September 25, 2014 Workshop Mtg.: 9/29/14 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 9/29: DISCUSSION III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A. Since 1978 the City has permitted County residents outside the City limits to connect to the City's water and sewer system through the provisions of PMC 13.16.011. Connection to City utility services beyond the City limits has been conditioned by the execution of power of attorney statements consenting to annexation at a future date. The practice of extending utilities outside the City limits has generally been limited to water service. B. Most of the annexations since 1978 have occurred partially or wholly through the use of outside annexation agreements (power of attorney statements) signed by property owners at the time they connected to the City's water system. C. The question was asked at the Council meeting of September 2, 2014 why outside annexation agreements were only used to allow the extension of water service outside the City limits and not sewer extensions. That question was further discussed at the Council workshop on September 8, 2014. V. DISCUSSION: A) Briefly from 1979 to 1982 annexation agreements were used for sewer extensions beyond the City limits. The sewer annexation agreements were only used in the Newton's Second Addition located at the southeast corner of Road 36 and Wernett Road. In 1979 the main trunk line serving the Desert Plateau area was being installed up Road 36 and the Newton Subdivision was connected to that trunk line. That was the first and last County development developed with the use of the City's sewer system. Since that time the practice has not continued. Why water and not sewer? The simple answer is that the water system was in place throughout much of the West Pasco area and sewer was not. There may have also been a desire to reserve capacity in the Road 36 trunk line for development within the City. Additionally the extension of sewer lines is not as simple as extending water due to the fact that sewer lines are developed to the extent possible to allow for gravity flow. The sewer system needs to be well designed and due to the lack of sewer lines in unincorporated areas, it was difficult to connect the use of sewer facilities with outside annexation agreements. It wasn't until a number of annexations occurred in the late 1990's and early 2000's that an extensive sewer system was installed west of Highway 395. The sewer system is now adjacent to and in close proximity to unincorporated areas where it is no longer as difficult to 4(f) extend the system beyond the City limits. However, that is not the case in all circumstances. Major portions of the remaining Riverview County Island will require one or more lift stations to be able to be served by sewer. B) The Municipal Code currently allows the extension of the sewer system beyond the City limits, but up until the past 15 years it was not generally available west of Highway 395. In certain circumstances the extension of sewer lines could now be beneficial in allowing the annexation of the County Island to occur more quickly and more consistent with City standards. It would also allow more logical and efficient boundaries to be created from individual annexations and result in land use densities more common to what is experienced in the City. To use outside annexation agreements in connection with the use of the City's sewer is now a practical option whereas a dozen years ago it was not practical. C) Following the Council discussion on September 8, 2014 staff was instructed to prepare a policy statement to allow the extension of City sewer service beyond the City limits with the use of outside annexation agreements. A draft policy statement has been prepared in the form of a resolution attached to this report for Council's consideration. D) Staff respectfully recommends Council's review and discuss of the attached resolution which would permit the extension of City sewer in the unincorporated County Island subject to property owners signing the standard power of attorney statement agreeing to annex when deemed appropriate by the City. RESOLUTION NO, A RESOLUTION relating to provision of sanitary sewer service and establishing a policy allowing the extension of City sewer service beyond the City limits through the use of "Power of Attorney for Covenant on Utility Services" forms including consent to annexation. WHEREAS, the City of Pasco operates water and sewer utility services for the benefit of City residents and for residents within the adopted Urban Growth Boundary; and, WHEREAS, the City of Pasco, has a long standing practice of permitting the extension of City water service beyond the City limits conditioned by property owner signatures on power of attorney statements agreeing to future annexation; and, WHEREAS, the practice of permitting the extension of water service beyond the City limits has benefitted both the City and County residents; and, WHEREAS, prior to the late 1990's and early 2000's there was a limited sewer system west of Highway 395; and, WHEREAS, through past annexations there is now an extensive sewer system adjacent to the unincorporated County Islands; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: Section 1. That it shall be the policy of the City of Pasco to permit the extension of City sewer service beyond the City limits subject to the following conditions: A) Property owners must sign the standard City "Power of Attorney for Covenant on Utility Service" (Owner approval for Annexation); B) The proposed sewer extension must be consistent with the Comprehensive Sewer Plan; C) The proposed sewer extension must be technically feasible as determined at the sole discretion of the Public Works Director; D) The proposed sewer extension must conform to current City Standard Specifications for utility construction; and, E) The resulting development from the sewer extension must conform to current City subdivision and development standards for the applicable zoning district in which it is located. Passed by the City Council of the City of Pasco this Matt Watkins, ATTEST: day of , 2014. APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B. Ken, City Attorney AGENDA REPORT NO. 28 FOR: City Council � ..� / September 25, 2014 TO: Dave Zabell, City Manager Ahmad Qayoumi, P.E., Public Works Director Workshop Mtg.: 9/29/14 FROM: Michael A. Pawlak, PE., City Engineer Regular Mtg.: 10/6/14 SUBJECT: Sole Source Purchase WTP Intake Equipment I. REFERENCE(S): 1. WTP Intake Equipment - Proposed Resolution 2. WTP Intake Equipment - Price Quote 3. WTP Intake Equipment — Memo 4. WTP Intake Equipment — Vicinity Map II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 9/29: DISCUSSION 10/06: MOTION: I move to approve Resolution No. waiving competitive bidding requirements for intake equipment for the water treatment plant. III. FISCAL IMPACT: Water Rates - $122,500 (90% Cost Estimate + 20% Contingency Fee) IV. HISTORY AND FACTS BRIEF: A) The existing raw water intake for the Butterfield Water Treatment Plant (WTP) is located on the Columbia River near the Cable Bridge. The intake building houses one traveling screen to remove debris before the raw water is piped to the Butterfield Water Treatment Plant for processing. The existing traveling screen has been operating in its current location for nearly 60 years. B) On September 16, 2013, Council awarded a Professional Services Agreement (PSA) to RH2 Engineering, Inc., authorizing the retrofit design of the Butterfield WTP raw water intake facility. C) Upon completion of the 3 -D scanning and modeling effort, it became evident that a retro- fit of the Butterfield traveling screen system would not be a viable option due to current Washington Department of Fish and Wildlife (WDFW) and National Marine Fisheries Service (NMFS) regulations that severely restrict screen mesh size and flow velocity through the screens, resulting in significantly diminished capacity per traveling screen. An alternate intake method, similar to the West Pasco WTP barrel screens, was then selected as the best retro -fit option for the Butterfield raw water intake facility. D) On March 24, 2014, Council authorized Amendment No. 1 to revise RH2's PSA with respect to the new Butterfield WTP barrel screen intake facilities. V. DISCUSSION: A) The in -water work window, determined by WDFW and NMFS, is from January 1 — February 28, 2015. B) Johnson Screens, founded in St. Paul, Minnesota, is now a global, company and recognized leader in the screening industry. Johnson Screens does business as Bilfinger Water Technologies, Inc. C) Johnson screens are a superior product with advanced finite element designs, hundreds of reliable installations, and over 100 years of innovation and technology behind them. D) The manufacturing lead time for the screens and HydroburstTM cleaning system is approximately 12 to 14 weeks. Also, depending upon when orders are received and the holiday schedule, the manufacturer advised there could be an additional 3-4 weeks of lead time. E) In order to ensure the screens are on -site during the work window, the City needs to purchase the screens and HydroburstTM system in advance of the award of the construction contract to install the screens and HydroburstTm system. F) Staff recommends the purchase of two (2) 17 MGD Barrel Screens and one (1) HydroburstTM air cleaning system from Bilfmger Water Technologies, Inc., as a sole source supplier due to the efficiencies and quality of the product. 4(g) RESOLUTION NO. A RESOLUTION WAIVING COMPETITIVE BIDDING REQUIREMENTS FOR THE PURCHASE OF TWO (2) 17 MILLION GALLON PER DAY (MGD) BARREL SCREENS AND ONE (1) HYDROBURSTTM AIR CLEANING SYSTEM FROM BILFINGER WATER TECHNOLOGIES, INC., AND AUTHORIZING THE PURCHASE. WHEREAS, the existing Butterfield raw water traveling screen must be replaced with an alternate intake method, and WHEREAS, the City is now considering the purchase of an intake system similar to the one in use at the West Pasco Water Treatment Plant (WTP), and WHEREAS, the City has evaluated the performance of the proposed barrel screens and HydroburstTM air cleaning system from Bilfinger Water Technologies, Inc., and found it capable of providing the Butterfield WTP with a reliable supply of raw water while meeting current Washington Department of Fish and Wildlife (WDFW) and National Marine Fisheries Service (NMFS) regulations, and WHEREAS, the purchase of barrel screens and a HydroburstTM air cleaning system will allow the City to reduce the costs of operation, maintenance and repair at the Butterfield raw water intake facility, and WHEREAS, pursuant to RCW 39.04.280, Bilfinger Water Technologies, Inc., is the sole source of barrel screens and a HydroburstTM air cleaning system, capable of supplying the Butterfield intake facility while meeting current WDFW and NMFS regulations, thereby allowing the City to retrofit the non - compliant traveling screen; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, that the City Council does hereby declare that the purchase of barrel screens and a HydroburstTM air cleaning system is clearly and legitimately limited to a single source of supply, and that the sole source of supply is Bilfinger Water Technologies, Inc., and BE IT FURTHER RESOLVED, that the competitive bidding requirements for the City of Pasco are hereby waived and the Pasco Public Works Department is authorized to purchase two (2) 17 MGD Barrel Screens and one (1) HydroburstTM air cleaning system from Bilfinger Water Technologies, Inc., for an amount not to exceed the sum of $122,500. PASSED by the City Council of the City of Pasco this 6"' day of October, 2014. Matt Watkins Mayor ATTEST: Debra L. Clark City Clerk APPROVED AS TO FORM: Leland B. Kerr City Attorney i Bilringer Water Technologies, Inc. 1950 Old Hwy 8 NW New Brighton, MN 55112 Tel no: 1 -800 -833 -9473 Fax no: 651 - 638 - 3132 BiLFINGER Number /Date 20005105 / 09/15/2014 Reference no. /Date Pasco, WA Sold -To 10004012 Validity period 09/15/2014 to 11/17/2014 Sales person name Mark Watson Entered by Linda S Cook Ve currency usu Terms of payment: Within 30 days without deduction Terms of delivery: FCA New Brighton, MN Shipping conditions: US: Prepaid Item Material Qty UOM Price Value Description 000010 2.000 EA Johnson T -42HCE Intake Screen T42 High Capacity Extended Intake Screen Wire: #69 Slot: .067" Material: 304 stainless steel Air Backwash Connection: 4" Flow: 12,500 GPM/ Screen has under .4 ft/sec max approach slot velocity Depth: 20 Ft Outlet: Flange pattern to match AW WA C -207 class D 36" with outlet pipe End Closures: Dished Head X End Cone HYDROBURST SYSTEM: Based on an air line distance of 150 feet and a screen depth of 20 feet you would need a 620 gallon air receiver tank with 4" air lines. 24,500.00 USD 49,000.00 Doc. no. /Date 20005105 / 09/15/2014 Page 2 Item Material Qty UoM Price Value Description Standard System: Price of $45,000.00 System would include the following - 620 gallon ASME coded for 200 PSIG MWP -15 HP splash lubricated reciprocating type compressor with motor starter - Two (2) 4" lug style butterfly valves with a 225 PSIG MWP, spring return to close pneumatic actuator, single solenoid control valve with manual override and position indicator with mechanical limit switches. - Control panel for manual, automatic timer controlled or remote actuation of the air backwash system. PLC System: Price of $70,000.00 System would include the following: Same as above except - Control panel would include a standard PLC Bilfinger Water Technologies Intake Screens are covered by one or more of the following patents - 116,051,131; #6,712,959; #8,297,448; and other patents pending. SHIPMENT ON INTAKES: 2 -3 Wks for drawing submittals 6 -8 Wks after drawing approval, subject to manufacturing capacity SHIPMENT ON HYDROBURST: 3-4 Wks for drawing submittals 14 -16 Wks after drawing approval, subject to manufacturing capacity Items total 49,000.00 Tax Jur Code Level 1 0.000 49,000.00 0.00 Final amount 49,000.00 Dished Head End (Used on Larger Si arcs: Location and Value geometry of ABW Comments flange can be T42HCE changed to match installation rostatic Lcad requirements. 42.00 .rmny u+9e Optional Is Requiratl Conical Debris Deflector OAL Ir Screen Cylinders )00 Outlet Size: Outlet plate Range to match AW WA class D Flange bolt holes stradle centerlines unless otherwise specified Dimension/Shms Value Unit Comments Model T42HCE in rostatic Lcad OD 42.00 in Nominal See note 1 DAL 152.00 in Nominal See note 1 CL to Flange 42.00 in Nominal See note 1 Outlet Connection Size 36PS psi Sae note 2 ABW Connection Size 4PS Sea note 2 Estimated Weight 2300 hat Left End Closure Dished Right End Closure Cone Screen Specifications Slot Opening 0.067 in rostatic Lcad Open Area Percentage 48.55% 1psi 11"'o, roach Sbt Velocity UD Ratio 1.050 1 ISS or Z-Afloy Effective Screen Length 44.25 in IThru dean screen surface only-See note 4 Wire Type 69 psi IThrough entire clean assembly - See note 4 Desi n' Depth 20 Ft rostatic Lcad Colla se Rating 8.67 1psi 11"'o, roach Sbt Velocity Material 1 304 1 ISS or Z-Afloy Flow Capacities: Flow/Screen 12500 GPM See note 3 Maximum Slot Velocity 0.40 s 11"'o, roach Sbt Velocity Average Slot Velocity 0.38 a roach Sbt Veaci Estimated DP /Screen 0.0093 psi IThru dean screen surface only-See note 4 Estimated DP/Assfy 0.5396 psi IThrough entire clean assembly - See note 4 Notes: 1 Dimensions shown are nominal. All screens are made to order, and can be adopted to a wide variety of installation requirements. 2 These are based an the size of the witnecong and sow pipe and may vary from the values listed In the technical brochure. 3 Capacities based on use of patented Johnson flow modifier design. 4 Pressure drops below .1 psi should be considered an order of magnitude only, as testing date for these bvr values is not available. PATENT As #e,U51,151 The concepts and assemblies shown should be considered proprietary and should not be copied, redistributed without the permission of US Filter /Johnson Screens. All dimensions are preliminary, changes may be made and can effect final price and confgumti Model T42HCE eunssa# Preliminary Intake Screen Specification 1950 Old Hwy. 8, New Brighton, MN 55112 Pasco, WA Date: inch♦ nos on�L rEwu..., ,eLrr Con on]],Lm, O /AL /111AA Memo Public Works Department Engineering Division To: Dave Zabell, City Manager Ahmad Qayoumi, PE, Public Works Director From: Michael A. Pawlak, PE, City Engineer Vol / Date: September 22, 2014 Re: Barrel Screen/HydroburstTA° System Equipment —Sole Source Introduction. The existing raw water intake for the Butterfield Water Treatment Plant (WTP) is located on the Columbia River near the Cable Bridge. The intake building houses one traveling screen to remove debris before the raw water is piped to the Butterfield Water Treatment Plant for processing. The existing traveling screen has been operating in its current location for nearly 60 years and has been repaired on numerous occasions. An inspection of the existing traveling screen, conducted during a recent repair effort, revealed the poor physical condition of the screen. Public Works Department, concerned with a potential water shortage, in the event of a catastrophic screen failure, retained an outside consultant to perform a retrofit design of the existing screen and add a second traveling screen in the vacant adjacent slot. Evaluation. Upon completion of the consultant's initial design effort, it became evident that a retro -fit of the Butterfield traveling screen intake system would not be a viable option. Although the City's current use of the existing screen is grandfathered in, the screen is considered functionally obsolete and does not meet current Washington Department of Fish and Wildlife (WDFW) and National Marine Fisheries Service (NMFS) regulations that define screen mesh size and flow velocity through the screens. Any major refurbishment or new installation would be required to meet current standards, resulting in a significantly diminished traveling screen capacity that would not be able to meet the current intake needs of the Butterfield WTP. An alternate intake method, similar to the West Pasco WTP barrel screens, was then selected as the best retro -fit option for the Butterfield raw water intake facility. The City then met with representatives from the United States Army Corps of Engineers ( USACE) and WDFW at the intake structure to discuss the proposed barrel screen improvements. USACE and WDFW were both supportive of the proposed design and indicated it qualifies as a maintenance project with very minor impacts and is an improvement for fish and the environment. The current approved 2014 Public Works Department Capital Improvements budget includes a line item for the replacement of this equipment. Recommendation. Staff recommends that the City of Pasco sole source the purchase of two (2) 17 MGD Barrel Screens and one (1) HydroburstTm air cleaning system from Bilfinger Water Technologies, Inc. ( Bilfinger) for future installation at the Butterfield WTP raw water intake facility due to long lead times associated with the manufacturing of the barrel screens and hydroburst equipment, 0 Page 1 and the highly restrictive in -water work window. Public Works proposes to pre - purchase this equipment in October 2014 so it is on site by early to mid - February 2015. This request to sole source the purchase of specific equipment is recommended based on the following points and in the Responses to the Sole Source Worksheet Questions section below: • The In -Water work window for the portion of the project requiring work within the Columbia River, as determined by WDFW and NMFS, is from January 1 — February 28, 2015. • Johnson Screens, founded in St. Paul, Minnesota, is now a global company and recognized leader in the screening industry. Johnson Screens does business as Bilfinger Water Technologies, Inc. • Johnson (Bilfinger) screens are a superior product with advanced finite element designs, hundreds of reliable installations, and over 100 years of innovation and technology behind them. • The manufacturing lead time for the screens and HydroburstT" cleaning system is approximately 12 to 14 weeks. Also, depending upon when orders are received and the holiday schedule, the manufacturer advised there could be an additional 3 -4 weeks of lead time. • In order to ensure the screens are on -site during the work window, the City needs to purchase the screens and HydroburstTM system in advance of the award of the construction contract to install the screens and HydroburstTM system. • The construction contract for the installation of the pre - purchased equipment, and all additional upgrades and improvements within the intake structure, including the proposed electrical and telemetry improvements, will go through the normal public bid advertising and bid opening process in October and November 2014, and will culminate with selection of the contractor and issuance of the Notice to Proceed in December 2014. Responses to the Sole Source Worksheet Questions. The following are responses to the Sole Source Worksheet developed by the City Attorney for the purposes of ensuring that a reasonable and rationale evaluation is conducted in accordance to WA State Law for these types of purchases. 1. Please describe the items and its function: Two (2) raw water intake stainless steel barrel screens, each with a capacity of 17 MGD, to restore the physical capacity of Butterfield WTP. One (1) HydroburstTA° air cleaning system to provide automatic cleaning of the barrel screens with compresserd air. 2. This is a sole source because: ❑O Sole provider of a licensed or patented good or service. ❑O Sole provider of goods or services that will meet the specialized needs of the City or perform the intended function. 3. What necessary features does this vendor provide which are not available from other vendors? Bilfinger Water Technologies intake screens have a patented flow modifier design covered by three U.S. patents that distribute and maintain uniform velocities across and around the barrel screen surface. The uniformity of velocities is the key to protecting juvenile and adult anadromous fish under the Endangered Species Act in the Columbia River system. The flow modifier was developed using a finite element, computational fluid dynamics analysis and laboratory testing that is state -of- the -art and unique in the industry. This screen manufacturer has been constructing screens for over 20 years with hundreds of installations and has an ISO -9000 certified quality assurance program. The Bilfinger hydroburst system provides an automated self - cleaning system, compatible with the City of Pasco's PLC control system and • Page 2 capable of creating a complete system classified by National Marine Fisheries Service (NMFS) in the Anadromous Salmonid Passage Facility Design Manual (February 2008) as an active screen that allows approach velocities of 0.4 feet per second and a corresponding smaller total surface area of intake screen. 4. What steps were taken to verify that these features are not available elsewhere? O Other brands /manufacturers were examined. • Hendricks Screen — 3074 Medley Road, Owebsburg, KY, 42301 Only other manufacturer with the ability to manufacture higher capacity intake screens. The screens distribute flow differently than Bilfinger's: using a pipe distributor (a pipe with holes going through the full length of the screen section). Bilfinger has evaluated this design approach in the past, but uses the open pipe approach as there is less risk for internal screen plugging and head losses through the screen are less. • Concord Screen —1311 Kerrisdale Blvd, Newmarket, Ontario, Canada L3Y 8Z8 Concord manufactures screens with screens on the end of the barrel to increase flow capacity instead of a solid piece that deflects fish and debris. Bilfinger does not believe the internal structural design is sufficient to ensure flow (and velocities) are evenly distributed along the screen surface. • Pump Rite Screens — 93780 Hwy. 99 S., Junction City, OR, 97448 Developed specifically for shallow pumping conditions (1 to 2 feet of water). Standard wire thickness and screen openings do not meet NMFS requirements for the City. • Riverscreen — 1919 Kiowa Road, Clay Center, KS, 67432 Ideal for smaller applications and shallow pumping conditions (less than 1 foot of water). Screens float near the water surface and are partially submerged. Pontoons and the top of the screen are located above the water surface. Manufactured specifically for pivot irrigation systems. 5. Sole source vendor certifies that the City is getting the lowest price offered for this item. Bilfinger has manufactured similar sized screens for other municipalities in the past 5 years. A summary of the screen properties and cost per screen is below. As can be seen, the cost to the City is competitive compared to similar barrel screen and HydroburstT" packages manufactured by Bilfinger. Invoices from these other projects are attached for reference and backup documentation. Project Year Screen No. Screens $$$ per screen Hydroburst'"' 9S Size Pasco, WA 2014 T -42HCE 2 24,500 620 Auto 45,000 (std.) Randall Lake 2011 T -42HC 4 23,700 620 Auto 47,700 Coosa Valley, AL 2010 T -42HC 1 20,400 620 Auto * 55,608 Taunton, MA 2008 T -42HCE 1 25,400 620 Manual 18,700 Kentucky Pool 1 2009 1 T -42HC 3 22,500 620 Auto ** 48,000 * The Hydroburst on Coosa Valley had some additional customer required features * *This was a duplex compressor system but only 5 HP where the others are mostly 15 HP single compressors • Page 3 Print Document SHIP TO: 2884912 RANDALL LAKE RAW WATER PUMP DENISON TX M020 UNITED STATES G_ 5clz ohnsonstxeens- AWamwmd0dA4+8 REMIT TO: JOHNSON SCREENS, INC. P O BOX 203137 HOUSTON TX 77216 UNITED STATES INVOICE I nvdu Nu mbar: 7747443111 Invdw Dad: DEC 19 2011 O'*, Nw ,:. WIM860 Ord., Dad: SEP 023011 C.t.m PO: 3011 42460102304 La UW 13001 NEW BRIGHTON Phm NO.: 600.0338473 F.. Kw: 651.638x177 S.WSP..: WATSON,9IARKE Page 19 of 27 PAGE 1 011 • TERIRS 'NET DUE DATE. URDERt b uy , _ 'ENTEREO•B$,. .:'..... Net W days JAN 18 2012 BRANDON M HARVEY. STEPHANIE D 9NIRRINCI.T'fFWS::. ..SHIPPING INSTRUCTIONS . ...... .. J EXW Ex Waft BEST WAY PREPAID ': A,. 'tTEN'NUMBF1i- .'•UOM .' ••. OESCPoRRQW '' - .,. .. . -: dl'Y:. SH"HO AWIT_ .: ... 'PRIL'B'.. .: EXTENDED" `•• PRICE: `r .TAX PrajoC: Ra,Wee L0A0 ReW Hbdr Pump SJWbn CByW 0041600 Taxes. _ EromPWn GeNOwle mfial N 4.000 Leppw W: 1894958 Pmt W: 1890958 EA 4.00 23.700.ODW 94AW.W N INTAKE, SNGL -4L30FUNGE4 SHED4.A0".25D2AL4i8 So" W: 39930437 WoM ONer: 3MW37 SHP D.fe: DEC 10 MI I . WwwSUanfwiv ®<p4MaWddav,dKabnuaKWn4W Jphuvn 8cn<ru, rncJv.il wvAde d.rwvaretl 'SUIITQTAL` r 84,800.00 4 b wWPrraa. m.1voW m saMC.a to d,s wfremar. SrrNp,pviakn a1rW1 b Oe +<m< W <,vrwl .Pwn<m Wnad by e4d dr. wpid.r W M 011i4m N !072104 6vawa. In Vw Fw1 lave W np wd,apame,,. SALES-TAX • 8.09 Jomap.6[Wn,i funWd WnuWeo4dpbN WNpwNrWwvrJmm <4m<1<su.CUeAmm4Mwn6Wvu1.F 0x04 wpymlpu.,WmaaMCmtlidmn ,N b. pmNdp 1. Uw MlomOr upon rwupn. Nmoi181r.MbN wyWrq tote wnuW.WlmxiWfitYa JOmton Snano anNl wt .vdM,M <wo-an vNw of dr p.nsub, TOTAE.:(USDj. �._, 01.000.00 ada. https:// johnsonscreens .onbaseonline.com /i 302AppNet/PrintHandler.ashx ?action= Print &id... 9/22/2014 Print Document TO: 2004012 RAN SHIP T .LANE RAW WA7ER PUMP DENISON TX 76020 UNITEDSTATES JohnSonscreeny Ivfalll cmcO IRN REMIT TO: JO SONNSSCREENS INC HOUSTON TX 77210 UNITED STATES INVOICE Invaev N.bni 6144784 RI Involm Dab: APR 362012 Or817 Nombar: 6617008 SO OM.Dab: SEP 022011 Ceabmer PO: 2011 4246010200.2 Lo Ion: 17001 NEW BRIGHTON Phone No.: 60096}6477 F. NO.: 661.67641177 Satin Person: WATSON. MARK E Page 3 of 27 PAGE loft https: //j ohnsoDscreens. onbaseonline. com /1302AppNet /PrintHandler.ashx ?action= Print &id. _. 9/22/2014 Net 30days MAY 252012 1 BRANDON I HARVEY, STEPHANIE - . . .: _- : .... iS61fP..Pjf1G .'4111 Rg15,r, � •:.. 7. EXW Es Works REST WAY PREPAID SjLMt wc ;,a f. iP E' I; 40T.''- R ..F -.91, V PIOCL RanEe9Laiw Raw IAW Pw6P Sb6on CRY aowm Teaaa. fi.p on Cw2Pcah on Eel. W 6.000 Le6aW6 1853056 Pwl6: 1953856 EA 190 47,700.0000 47,700.00 N HTORO. BURST 110HP 620GAL.VERT 1400 SNp Dab: APR 242012 laMaae SaMAf IFW6rq anY rena6ay.d.6ion w.ff6fbaldvnon Swew. NeJ w6la4Ha ,l IMWe4 SUBTV , 47.700.08 nWporm.nvurblfwawYwuw wMamw, xuN aoWNn flea Im Owarw4 by aw 4ulrwN aaamem y4m4 by S4, 4a PYlama atl 4n e11k.tlJaaYar 6aava. boa awtt aura brw a.6 prartum. JW,nawr5aam'aan0am afmaWmnmbns wN aax71www46aa4marasae0wmsanecwAUOnf1 .w SAIiEBa7Al7,sL3, 0.00 Piw copra llafslana n4roM:bra w6 Waodere to lMmfowrr open rpuesr- NawnKbnlinp Mau�p ro tb c4wwy. Ur taM fAWY o1 }IMa, Swam Mae mf aaftl W annaa vYw of 4r panKJer OTAL'{f/SD 47,700.00 O14w. https: //j ohnsoDscreens. onbaseonline. com /1302AppNet /PrintHandler.ashx ?action= Print &id. _. 9/22/2014 Print Document of V 0 �Oh SHIP TO: 2564649 UOhnNnmeew AWalwwcmn," RAGLAND AL 35131 Inw " Date: UNITED STATES Ort ,NOmO ,: 5944820 SO O 0 SA t �/ UII Z Id, &Y /A'L O NSON SCREENS. INC. V Locaken: P O BOX 203137 {Mane NO.: 800.8338473 HOUSTON TX 77218 851.631kIln SAk6 Person: UNREDSTATES Sce,40P5 Page 3 of 22 PAGE I of INVOICE Imolca NemMr: 6!43120 W Inw " Date: DEC 302010 Ort ,NOmO ,: 5944820 SO Or , Dale: AUG N w10 Cua9mev PO: IW7405 Locaken: I=1 NEW BRIGHION {Mane NO.: 800.8338473 F" NO.' 851.631kIln SAk6 Person: WATSON. MARBE TERMS NET DUE D7ITE - ORDERED.BY .ENTERED By N0130 Ua7a JAN292011 ASCMMIDT GUY, DEBORAH SHIPPING TERMS SHIPPING INSTRUCTIDNS EXW EX Wofke IBEST WAY. SEE NOTES PPO 1JNIE NO.. ITEM NUMBER - DESCWP31ON UDM QTV eHIPPED I UNIT PRICE EXTEUM PRICE TAI. PLEASE CALL 48 HOURS BEFORE ALL DEUVEJUES 340 Le0acy 0: 1762642 pwik 1782542 EA 1.00 20A00.XX10 20401.00 V INTAKE. T�g2J0FUTEV LATE8.03D0.12S3 W BP85 Wok ONer. 32518805 SAD Date: DEC 302070 4.000 LaQ . IM25W Pan #: 17615M FA 1- 0 0,400.0000 9,400.00 Y INTAKE. TE627-24CONE44ATE 4.623Qt25a9448 W OMW. 32618613 99p Ew. DEC302010 5.000 LeI1awc 1762518 Pwt P. 176348 EA 1.00 9,4004000 9,40D.00 Y WM E.TMV- 24CDNEPLATE 4.0.25-0.12530489 Wmk peel. 32518621 SNp Date: DEC3D2010 6.000 L.Day9: 1762892 PwIM. 1762642 EA 1.00 20,40OmW 20,48DA0 Y MTAXE.7M-42 -3D LATE+t TEe.a30-0.125-304 99W WtNC 00W.. 33069928 SNp Dete: DEC302010 " " " " " "' SALES TAX SUMMARY • • ........... St AL 4.000 2.354,00 Co: STCI IR 2900 ' 1,192m Ct RAGLAND 2,400 1./92.00 Jxx»nSrnan 9MU4W nv>tlaWKr. alMSbnxaRkN Of JoMNw Swwa, ko.l aia pai4.IM rwwrlc4 SUBTOTAL 59,600" wulPexe. mwMx.m »rwew»eM Urllux.. BwA xa�wr..leeMeowm.abv MS avmm sPemex •19x1.4 by mlb tlM autP'CM aIWWOmgtlJeMUm 6xxle. YrIM M'111Nek Im sYM pyMn»1, JOM »n Suomi wgw41 «ms W mn�bes wN appy 0wwvrJohvauaaam .00mkam»MCxMtlxal. A -SALES TAX A7t8.00 Wlw Rase lrms N4certi4ora ofbxeN4ftl kIM xelwwr uponwAeet4 No1Hpa01 n Qwo1 anYV�in9 to 4xce»rW.IM txd TieUSry of Jdsum Snaaa sbtl na ws4 ae wmnia Mw 6ftM gNCWr TOTAL, 64,36&09 Or4x" (USO) caw.,.�wwF..eTlam.rK c,..,r....z.zuuu. »ACw1,nm m.cawr:..1 htips:// johnsonsQreens .onbaseonline.com/ 1302AppNet/PrintHandler.ashx ?action= Print &id... 9/22/2014 Print Document ---PTO: 2564649 RAGLANDAL35131 UNITED STATES GcS4 vA pi5y d0 Johnsonseeor A1lpnvwdcvapaH REMIT TO: JOHNSON SCREENS. INC. P O BOX 203137 HOUSTON TX 77216 UNITED STATES INVOICE mvdw Number BBSSSOB RI 0rvdce Dam: MAR242S11 Order Namb1: 5844870 SO Order Data: AUG272010 CxmotP40O: 1007005 Locetlox: 13001 NEW BRIGHTON Ph. No.: IM& 9,473 I. No.: 651.53113177 Sabs P.M. WATSON•MARKE Page 7 of 22 PAGE loll TERMS NET DUE DATE ORDERED BY ENTERED BY FM days APR 232011 ASCHMIDT GUY, DEBORAH SHIPPING TERMS SHIPPING INSTRUCTIONS EXW Ex Works BEST WAY - SEE NOTES PPD WNE - IT9I NUMBER - UOM QTY UNIT EXTENDED TAX NO. DESCRIPTION SHIPPED PRICE PRICE PLEASE CALL ISHOURS BEFO15: ALL DFUVERIES 2000 Legaq#_- 17SB555 Pad O: 17555M FA tAD S5.W&0000 55.506.00 Y HYORO.SURSTI54HP520GaLHDRR 2 .OD40XB4 Skip Dal% MAR242011 ............ •SALES TAX SUMMARY ............. St AL 4.000 - 2.224.32 CO: ST C/AIR 2.000 1,11216 Ot RAGLAND 2000 1,11218 blvmo Stlaenl 5selaah4l e.rs aWddbry, dvbbn tl e811xa d Jwnaen Scmn.IncJ w,x emdae Na twwltM SUBTOTAL. 55.60 &00 aqupnem.14i111(eb tl 1e111e15 m W ggltllMr. Sua PMLM eNa F 5evvnq ev mewnxu we.aen Bawu. FlM evxp ewaiew.uM yrwnttn4 MMnd h'6oNWaclaM.eM aeellkVdAMneen bbe:on Stlearm'umexa tlltla mecondtWU wR SPdv Mww.kNUm.aewca.rttlmx • emi vtbW, w SALES TAX 4.4UL51 aaprwt of xM+.etmm..na caWldaa Maarm+a.dm m.amlom.. uoonrw+.x. NgWtSnx�.p b to w tmtnay. er 1tlY eeaH[v a.bxnm Stl.em Nue nN e.w.a Ne mm.au.alue al .M s.nlmx TOTAL (USOJ 80.05 &84 ,..,s..aa vaznvn..w...mrmme....o...s...... ... Fm . https: //j ohnsonscreens.onbaseonline.conV 1302AppNet/PrintHandler.ashx ?action= Print &id... 9/22/2014 Print Document 91 PRECINCT STREET L EVILLE MA 02347 WIED STATES t.,rr Johnsonscreew A Waa018M10 CWWW REMIT TO: JOHNSON SCREENS. INC. P O BOX 203137 HOUSTON TX 77216 UNITED STATES INVOICE Invoke NumO.0 423921BR1 Invoke Oat.: FEB 20 nlIB Ordu N.W,: 3605678 SO Orda Oar. SEP 272007 Cucl. rPO: t133MI L.Aa1.- 13001 NEW BRIGHTON PMne NO.: 600.83 3-9473 Fa. Nw: 651.63&3177 Saks Person: WATSON, MARK E Page 3 of 20 PAGE I Oil . TERNS NET OUE OATS ORDERED BY ENTEREGBV CASH IN ADVANCE FEB 20 2008 WAYWARD GW, DEBORAH w `- SEXINE�TERMS" SHIPPING IXSTROCTIGNS. •" - EXW Esc Wales BEST WAY PPO - "'ti1NE' .•- .:- _:�a?a.:-.v.....:. _.REMNt1MBER - .. .. ..1pM' � 'OTY.%'t -A ..�:2�UNI7#?! ".' EXTENOLD •: tJO:. DESCRIP1lON $HIPPED PRICE PRICE .TAX. P`v GAyarePn Massadaset75 1...... Tmaf.nMP(P.. UpgmOe P..... No:OW..... 3 l C awdd. Ee.pt Pacnax Certardfo.' OBC Cals#.rlim TReP # 04- 285710# 2.800 Legacy#: 1176138 Pan 9: 1176138 EA L00 25.400-0000 25.400.00 Y )WAKE, TEE i2- 36-0c5NE6a$HED63F100.1ZS3W$3 w Ordaa: 181124721 SUP Gala FEB 2021106 ............•SALES TA%SUNMARY............• SI: MA 5-000 4,270.00 JoNa.n sa .IMCIVpn0.Y4WK.ry. Oxhb.w.a11%.,. W JWWM Sn..n. - -0 ISURTOTAL"'. �.••', 25,400.00 .9uywen• mrW.B w av ien w nn nn�ay. sW wwrubn NYI Ee B..nnO W 4 pnN 6Y 6134. M. NFIVnP lnO mwlrku M J iatcnw.s. MrM.wnt,Me6rowC6 NYSUrcn4 Jotw.nStnasn'S,a�WrO Sams.nO roMFVOas .ill apPlY lwww.pM1Srcunegn.cwMicl. A Ywl NwwaM;NHgS.1'111N# .Y T .. .::!: :• .SAL•FS.T,P 4.' - .'s•t:::• 1.270,00 ln.t -l.0 walfit ft wAIG sat, l.IM eunOma WM npV.el. mnlwr.me,aNealJf.r.l Jawan Swe.m awin.c ..rn4,n ewnn.uv4Me.c n. w.k.m Dees. �'�� 1iB7AL kN$60..- 16,678.00 F91i.l M7XS YIFIaIaIIGMe },S..aNLY CW�5 JJ.If2:AV)99 https: //j ohnsonscreens. onbaseonline. com 11302AppNetfPrintHandler.ashx ?action= Print &id... 9122/2014 Print Document 91 PRECINCT STREET LAKEVILLE MA 02347 UNITED STATES r Johnsonscreens' AW6a19NWt8Cam0IN REMIT TO: JOHNSON SCREENS. INC. P O BOX 203137 HOUSTON TX MIS UNITED STATES �ill xz invGCe Number: 4636807 KI Ineols. Oat.: JUL 212005 Order Number: 3605679 SO Order gale: 5EP 37 20a7 Custw.r PO: 1133"1 LocWon: 10001 NEW BRIGHTON Phan, No-; 600.833.9473 Fax No.: 051.6365177 Sales P.reon: WATSON, MARK E Page 1 of 20 PAGE 1 011 TERMS NET DUE DATE ORDERED BY ENTERED BY CASH IN ADVANCE JUL 212000 HAYWARD GUY. DEBORAH A SHIPPING TERMS - SHIPPING INSTRUCTIONS EM Ea WcAs BEST WAY PPO LINE F.—.._. ..­_ HwU-m "DESCRIPTION -BER - ODM att 'UNRa El(TENDEO NO. SHIPPED PRICE PRICE TA% P/yac: Coy of Tlluman. Uassadwsalls Haler TTeaMwd PIWi UA9rade P yTocl No: OWSRF -2063 _..._........ _ ............... _..I......`......__... CaMaclor Eiemyl Pu-Jaso CW&We: DLC Oa Cfi n (Reg 904- 2857181) 3.000 Legacy M: 1189797 Pmt M: 1188707 EA 1.00 18.700.0000 18.TOO.00 N Hv O. BURST 10-OW 62 41OR2 1EA0 NO SKID SNPDate: JUL212ODB JWnsai Saaem tiMOG1p wry wblmwe, 0iwim P e16M1v OI Jwmi4n Sueero. M[J wM PPi061M s44eearq SUBTOTAL 18,700.00 COU1p�wY. mNgYaw nMU[rsMUritmr. Sern w.riµenslWlp 6w'bna bT Pe avl.. .P.ewm wPne OV.. to In CYSlemniW w1 e11Kw MJWsripl StlgN. m11y.Vn11MF.hn KYllamWnwN. JJNu.n Sa..nY [IagwC leans vM ConOVipV Mil epyr Iw+w.pM101HUew ;wnll6el Annr {qpy 01 SHIES TAX 9.00 [OOS ipm6 aq..rtl4ion nN M PO[1aq 1e 1M ml.lemw 1gVlrtpuYl. NmwiiFFlw� rp anyq:np I.IM Con.ary.IM NIYIIabiNY er.Mnn Spew Mau n.l.usea lro eaw.n w4.n Wwnk4x Order. TOTAL (USO) 18,700.00 F6 JMEBS 0101J lom& 3!3 OSL74e ccaoa 5 No gaff FMISO 3 https: /!j ohnsonscreens.onbaseonline.coml l302AppNetIPrintHandler.ashx ?action= Print &id... 9/22/2014 Print Document SHIP TO: 2065191 POOLO WATER TRFATAAPNT PLANT OWENTON KY 40359 UNITED5TATES IL IV eY 0 G WOO Gl�� 5 JOMIS011screens- AWeallwWCeme3M REMIT TO: JOHNSON SCREENS. INC. P O BOX 203132 HOUSTON TX 77216 UNITEDSTATES INVOICE Invoice Nu.0 .. 52049M NI Invoke Date: FEB 172009 Order NO Wr: 4230016 90 Older Dam: JUL 02 WOO Cuotom[r PO: 10003.POOls Locatron: 13001 NEW BRIGHTON Plane No.o 600.9339473 Fm H..: 651.63&3177 Sales Person: WATSON. NARK E Page I of 26 PAGE 1 Ni TERMS NETDUEDATE OROEREDBY' ENTFREDBY Net 30 days MAR 192009 GUY. DEBORAH A SHIPPING TERMS SHIPPWra INSTRUCTIONS EXW Ea Works BEST WAY- SEE NOTES PPD �T LINE ITEM NUMBER UOM QTY' UNIT EJu ENOED TAX NO. DESCRIPTION SHIPPED PRICE PRICE CONTACT CHARLES BERRY, PROJECT MANAGER. 8/2- 51X-1529A 1 MIMMW QF a6HOURS BEFORE SHIPMENT. JOB SITECDWACTJS BILL SANDER. SUPERINTENOEM8I2- 4 I KoNUCYy Cedlfieatim d&e Okn/A1arhkm Im Now6 Eapandod Mdaalry) 2800 La9ary M: 1291522 Pang: 12415M EA 3.00 22.500.0000 67.500.00 I N WAKE. TEE- 42- 30-019atfDGONE4.30L.t263W13 Wak Order. 23060112 Shp Date: FEIII/72009 I J4Mron Same (m[1u4rp ant w6LWay. ai.9[aan a alNUla s1 Jdrvan Saavn, xcJ O ao.:4e W rewalm SUSTOTAL 67,500.00 44niVntnl. rWlRiali a RleiCaa ro [M caR10m4r. 9uCM1 aMbal aM9 6[ 1WMrlNd tr[ dN NrN[ aPRn1Nl vgn[46Y MNr Jvnr,[on '.Njn1M an vlliu�d JdMYVn 6onM. MdM [vwll lM1aOblq aVN agiYT[nl. Sve[ro flanaa4l[rm[ wW [m4ilNm x41 apyY Ir...rr.NM {pn[cropumnh94. 4 ugn fOpy ul SALES TAX 0.00 tn[a[lam[ N[McYa49 �[9Wa[.HIW0IIMWW.011y- lI cOnvay. lrc wlal aa6NNl of Jaw4n SaNnl snap rwl ouMlrc cawan vaW[d lrc PPli:aa Dwa. tmcaMllbnl tScI TOTAL (USO) 67,500.00 iSl[NIPaY.b5 WFr0065a rm9rap )[3ll.l)y LT6lprpa) Afl[ ralPi]le https:// johnsonscreens. onhaseonline .com/1302AppNet/Printl4andler. ashx ?action= Print &id... 9/22/2014 Print Document SHIP TO: 2065191 POOL 3 WATER TREATMENT PLANT OWENTON KY 40359 UNITEO STATES ,.Vexf �f �7 ot� / Johnsonmew AWaelh0 TdCrnM REMIT TO. JOHNSON SCREENS. INC. P O BOX 203137 HOUSTON TX 77216 UNITED STATES INVOICE 1 wim NUmbsC MU825M Ineolea Dale: OCT os 2899 Order BOmMC 4:1901650 Order Data: JUL 022908 Customer PC: 1o00"GOIS Looa0o0: 13091 NEW BRIGHTON PAOm No.: 800.833.9473 Fax No.: 651.638-3177 Sales Parson: WATSON, MARK Page 4 of 26 PAGE 1011 TERMS N DUE DAM ORDERED BY EHTFR —w aY Nei 30 days N0V 05 2009 GUY, DEBORAH A SHOPPING TERMS SHIPPING INSTRUCTIONS ' EXW Ex Works BEST WAY •SEE NOTES PPD LINE ITEM NUMBER UOM OTY UNIT EKTENOED TAx NO. DESCRIPTION SHIPPED PRICE PRICE CONTACTCNARLES BERRY, PROJECT MANAGER 812- 683-1629A MINARIM OF48 HOIRIS BEFORE SHIPMENT. JOB SITE CONTACT IS SIUSANDER, SUPEWNTENDFNr6IZ Ifanb+rhy Cerlficelron o1Fiolaplm (Madlinpy -lOr New 8 &p-xbdk eby) 3.000 1egaW#,- 1284599 Pad11: 1284588 EA 1.00 4 &000.0000 48.000.00 N H}ORO. B11iLST S.Oi1PDUPlH(690CAL -YETif 36.0 BDJCIfi S*DaW 0CT06200O Jolvm,5aawa LLMudiq PmaWdAw.fiWlmpaH9nP Of JWwm6onm�.IM.1 wNpM4ewrowprM SUBTOTAL 48,000.90 ep:p,am.nmaiYfp P.rPSaa tow aat4nx. SpA poMiNn a5YlM POwM4 avwpO4m apeert4rrt Vem4 by lwNw euuwn4,aro moNkpal Jahum SVamn. Mwavam droskN UaA apaapmc Jolwan 5uwrc suadua wmw aN 4aMnb�c wiappF/(www,panuplpaw.cpnI1341. Apapp swx of SALES TAX 0.00 ww Nmd MN[MQIYmP wI91 pof404W wCWtpMl up\, raQVYL Nodi4aPiMfilp Yry11y1p 1o1M [OIIViry.w pUl aibtilY Ol ANn1M5pNM StWIrN e.4WIM lnnln[t vPIMNm. PPbp.Pr OIW,. TOTAL 1Ni$OR 46.909.09 https: //j ohnsonscreens.onbaseonline.com/ 13O2AppNetIPrintHandier.ashx ?action= Print &id... 9/22/2014 AGENDA REPORT FOR: City Council TO: Dave Zabell, City Manager QS FROM: Stan Strebel, Deputy City Mana&9�5� SUBJECT: Code Amendment for Employee Recognition I. REFERENCE(S): September 22, 2014 Workshop Mtg.: 9/29/14 Regular Mtg.: 10/6/14 1. Code Amendment for Employee Recognition — Proposed Ordinance II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 9/29: Discussion 10/6: MOTION: I move to adopt Ordinance No. , amending the Pasco Municipal Code regarding employee recognition and, further, to authorize publication by summary only. III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: A) The Pasco Municipal Code VA (PMC) references the annual employee recognition/awards program and banquet in Chapter 2.43, including an expenditure limit set forth in Section 2.43.020. The expenditure limit is most logically included within the City's annual budget as opposed to the code (which must be amended by separate Council ordinance), to provide flexibility through changing economic times. Additionally, the legislative intent and purpose for the recognition event, providing the basis for the extension of the benefit to employees, is outlined in new language as Section 2.43.015. DISCUSSION: A) Staff recommends approval of the ordinance to clarify the purpose and nature of the recognition banquet and program as well as to facilitate annual budgeting and review of the expenditures associated therewith. 4(h) ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington, amending the Pasco Municipal Code regarding "Employee Recognition." WHEREAS, certain changes to the Pasco Municipal Code, regarding employee recognition are deemed necessary; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Section 2.43.015 entitled "Recognition Banquet" of the Pasco Municipal Code, shall be and hereby is created and shall read as follows: 2.43.015 RECOGNITION BANQUET. In order to promote employee support and recognition of distinguished service and to encourage attendance at an event honoring employees so recognized, the City may conduct an annual awards dinner banquet, depending on funds budgeted by the City Council, to which each regular employee will have the option to elect to receive up to two (2) reservations for attendance. Such option shall be considered part of the City's compensation to its regular employees and shall have no monetary value outside of the opportunity to attend the banquet. Section 2. That Section 2.43.020 entitled "Administration" of the Pasco Municipal Code, shall be and hereby is amended to read as follows: 2.43.020 ADMINISTRATION. Except for the "Suggestion" Awards, the total annual expenditure for the provision of the awards provided for herein, and the cost of a the dinner banquet for the presentation of such awards, shall not exceed the thousand ($18,000) dellaffl amount as provided for in the City's annual budget. The City Manager shall issue administrative rules/procedures for the administration of this awards program and further defining the eligibility and criteria for the awards program, not inconsistent with the requirements set forth herein. Section 3. This Ordinance shall take full force and effect five (5) days after its approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this _ day of 2014. Matt Watkins, Mayor Attest: Debbie Clark, City Clerk Approved as to Form: Leland B. Kerr, City Attorney