HomeMy WebLinkAbout2019.10.14 Council Workshop PacketWorkshop Meeting
AGENDA
PASCO CITY COUNCIL
7:00 p.m.
October 14, 2019
Page
1. CALL TO ORDER:
2. ROLL CALL:
(a) Pledge of Allegiance
3. VERBAL REPORTS FROM COUNCILMEMBERS:
4. ITEMS FOR DISCUSSION:
3 - 43 (a) Presentation - Tourism Promotion Area
Presentation by Michael Novakovich, President and CEO, Tri-Cities Visitor and
Convention Bureau
44 - 79 (b) Federal Communication Commission 5G Preemption
80 - 90 (c) Northwest Area Sewer LID
91 - 101 (d) Public Works Bid Process
102 - 110 (e) Presentation - 'A' Street Sporting Complex Grant Award
Presented by Brent Kubalek, Recreation Services Manager
5. MISCELLANEOUS COUNCIL DISCUSSION:
6. EXECUTIVE SESSION:
7. ADJOURNMENT.
REMINDERS:
• Monday, October 14, 12:00 - 1:00 PM: Pasco Chamber of Commerce Lunch
Meeting - Pasco Red Lion Hotel - 2525 North 20th Avenue, Pasco, WA
• Monday, October 14, 6:00 - 6:30 PM: Old Fire Pension Board Meeting - City of
Pasco Conference Room No. 1 - 525 3rd Avenue, Pasco, WA (Mayor Watkins,
Rep.: Mayor Pro Tem Maloney, Alt.)
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Workshop Meeting October 14, 2019
• Wednesday, October 16, 5:30 - 6:00 PM: Benton, Franklin & Walla Walla Counties
Good Roads & Transportation Association Meeting - Clover Island Inn, Kennewick,
WA (Councilmembers Alvarado & Martinez)
• Thursday, October 17, 3:30 - 4:30 PM: Franklin County Emergency Management
Board Meeting - 1011 E. Ainsworth, Pasco, WA (Mayor Pro Tem Maloney, Rep.;
Mayor Watkins, Alt.)
• Thursday, October 17, 4:00 to 5:00 PM: TRIDEC Board Meeting - 30 W.
Grandridge Blvd., Kennewick, WA (Councilmember Milne, Rep.; Mayor Pro Tem
Maloney, Alt.)
• Friday, October 18, 10:00 - 11:00 AM: Benton-Franklin Council of Governments
Meeting - Ben-Franklin Transit - 1000 Columbia Park Trail, Richland, WA
(Councilmember Alvarado, Rep.; Councilmember Barajas, Alt.)
This meeting is broadcast live on PSC-TV Channel 191 on Charter Cable and
streamed at www.pasco-wa.gov/psctvlive.
Audio equipment available for the hearing impaired; contact the Clerk for assistance.
Spanish language interpreter service may be provided upon request. Please provide
two business day's notice to the City Clerk to ensure availability. (Servicio de
intérprete puede estar disponible con aviso. Por favor avisa la Secretaria Municipal
dos días antes para garantizar la disponibilidad.)
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AGENDA REPORT
FOR: City Council October 9, 2019
TO: Dave Zabell, City Manager Workshop Meeting: 10/14/19
FROM: Angela Pashon, Policy Analyst
Executive
SUBJECT: Tourism Promotion Area
I. REFERENCE(S):
2020 Budget and Marketing Plan
2020 TPA Presentation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Presentation by Michael Novakovich, President and CEO, Tri-Cities Visitor and Convention
Bureau
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
The Tourism Promotion Area (TPA) was formed in late 2004 to generate and administer the
proceeds of a "per room night assessment" on hotels/motels in the Tri-Cities, imposed by the
hotels themselves.
The interlocal agreement (between Pasco, Kennewick and Richland) that created the TPA
requires the annual budget and expenditure from the reserve account for the TPA to be approved
by the City Council. The Budget Summary for 2020 is attached.
V. DISCUSSION:
The TPA "assessment" is remitted by the hotels to the state which, in turn, distributes it to the
city in which is was collected. The City is obligated to pass the funds to the TPA, for use in
accordance with the approved budget.
Council should approve the 2020 TPA Marketing Plan and Operating Budget or indicate changes
necessary to gain approval.
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TRI-CITIES REGIONAL HOTEL-MOTEL COMMISSION MARKETING PLAN
x
x
p
YEARS
Est. 1969
ADVANCE 2020VISIT TRI-CITIES
Page 4 of 110
MISSION
To promote, market and sell the region as a preferred
destination to visitors. We will develop incremental
visitation by promoting our destination products,
programs and activities; the overall economic vitality of
our communities and the quality of life for our citizens.
VISION
To be an industry leader for destination marketing in
the Pacific Northwest; the primary source of visitor
information and the lead advocate for visitor industry
development in the Tri-Cities region.
Please Note: The attached document reflects only those programs and costs associated with Tourism
Promotion Area (TPA) funding. Visit TRI-CITIES manages many other aspects of tourism development,
which are funded by hotel and lodging taxes and membership investment. Such programs include,
Rivershore Enhancement, Media Outreach, Visitor Services and Member Development.
Page 5 of 110
Please Note: The attached document reflects only those programs and costs associated with Tourism
Promotion Area (TPA) funding. Visit TRI-CITIES manages many other aspects of tourism development,
which are funded by hotel and lodging taxes and membership investment. Such programs include,
Rivershore Enhancement, Media Outreach, Visitor Services and Member Development.
2020 TOURISM PROMOTION AREA MARKETING PLAN
Prepared by Visit Tri-Cities
For:
City of Kennewick
City of Pasco
City of Richland
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PRESIDENT & CEO
message
It is with great pleasure that we present Advance 2020, Visit Tri-Cities Destination Marketing plan for use of
Tourism Promotion Area funds. Advance 2020 provides a detailed overview of the state of our industry, a
competitive analysis and our planned endeavors to drive economic impact through visitor spending. This plan
highlights the strategies we will deploy in 2020 to grow our meetings & conventions business, sports events
and leisure travel through tourism development. Our tourism development strategies support all of our sales
endeavors as well as aid our corporate partners with their recruitment and retention activities.
Thanks to the collaborative partnerships we enjoy in our community and the exceptional work done by our team,
tourism continues to be a significant sector of the Tri-Cities economy. Visitor spending this past year exceeded
the half-billion-dollar mark. $560 million to be exact. These dollars along with associated visitor-generated tax
revenues help fund a more thriving and vibrant Tri-Cities by financially supporting a safe, educated, employed
and beautiful community with many amenities
for all to enjoy.
Our entire team at Visit Tri-Cities looks forward
to growing our community-wide impact in
2020 by increasing our reach geographically,
targeting new groups of visitors with an
enhanced suite of marketing tools and creating
more personalized experiences for visitors to
our region. The Tri-Cities region is an amazing
place. As outlined in the following Destination
Marketing Plan, we plan to share our community
with visitors far and wide.
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PRESIDENT & CEO
ACKNOWLEDGMENTS
Special thanks to the city managers and hoteliers that have dedicated staff time to support the
Tri-City Regional Hotel-Motel Commission; these efforts have greatly contributed to the success
of Visit Tri-Cities and the management of the Tourism Promotion Area.
TRI-CITY REGIONAL HOTEL-MOTEL COMMISSION
Kennewick
Mark Blotz, Clover Island Inn
Jerry Beach, SpringHill Suites by Marriott
Marie Mosley, Ex Officio, City of Kennewick
Pasco
Monica Hammerberg, Hampton Inn & Suites Pasco / Tri-Cities
Vijay Patel, A-1 Hospitality
Dave Zabell, Ex Officio, City of Pasco
Richland
Wendy Higgins, The Lodge at Columbia Point
Andrew Lucero, Courtyard by Marriott
Cindy Reents, Ex Officio, City of Richland
The Tourism Promotion Area is managed by Visit Tri-Cities for the City of Kennewick,
City of Pasco and the City of Richland.
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Page 9 of 110
TABLE OF CONTENTS
Tourism 2020 Outlook 1-2
Competitive Situations Analysis 3-4
Meetings & Conventions 5-6
Sports Events 7-8
Tourism Development 9-10
Destination Marketing Organization (DMO) Funding Comparative 11-12
Appendix 13-19
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TOURISM 2020:
The U.S. hotel industry, not unlike the Pacific Northwest and the Tri-Cities region, experienced a slow start in the
first quarter of 2019. In June, tourism economist downgraded the year-end performance forecast for 2019 from
2.3% revenue growth to 2.0% growth. There has been a decline in consumer research for domestic travel over
prior year*, but with continued growth in consumer spending and low unemployment the industry looks to
remain relatively stable into 2020.
*U.S. Travel Barometer
2019 Forecast 2020 Forecast
Supply +1.9%+1.9%
Demand +2.0%+1.7%
Occupancy +0.1%-0.2%
ADR +1.9%+2.2%
RevPar +2.0%+1.9%
2018 2019 2020
Occupancy 65.15%66.2%66.17%
NATIONAL OUTLOOK
REGIONAL OUTLOOK
The recent investment in new hotel projects in the Northwest may create a trickle-down effect as it relates to
competition for groups (both sports and conventions) in the region. In Portland it is projected that the number of
hotel rooms available will increase by 15% (1,399 rooms) over 2018 levels. The February 2020 opening of the
600 room Hyatt Regency Hotel at the Portland Convention Center will likely create more competition between
Seattle and Portland and may also provide competition for the 716 room Davenport Grand and Spokane Convention
Center for large regional and statewide conventions. For the first time in many years Seattle is experiencing negative
growth in key performance measures. In the second quarter of 2019 Seattle hotels showed a revenue decline of 7.1%
as compared to prior year. This decline was attributed to both weak occupancies (-3.3%) and declining average daily
rates (-3.5%).
2019 Performance January - June
OCC ADR RevPar RevPar vs
Prior Year
Seattle 76.0% $176.18 $133.94 -10.1%
Spokane 64.3% $112.99 $72.70 +4.1%
Tacoma 67.0% $108.17 $72.47 -0.2%
Tri-Cities 62.3% $94.09 $58.58 +1.4%
Vancouver 69.2% $110.51 $77.12 -2.5%
Yakima 56.7% $97.67 $55.40 +5.7%
Source: STR June 2019 Forecast
Source: STR June 2019 Market Segment Report
1
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TOURISM 2020: TOURISM 2020:
TRI-CITIES
AREA OUTLOOK
The Tri-Cities also had a slow start to 2019. February and March were
particularly difficult with five weather related cancellations of sports
tournaments. Second quarter has been somewhat stronger with the
number of hotel rooms sold pacing flat to prior year. In March, a direct
flight to Los Angeles was added and new marketing campaigns to
attract the leisure traveler was launched in L.A. and Minneapolis.
In August the Department of Energy announced the contracts for
clean-up at Hanford would be extended into 2020, and with the award
of a new contractor pending until the third quarter, it is undetermined
whether it will spur more travel to the area or delay business travel for
some companies.
Private investment in tourism related businesses in the community
continues to thrive. A 94 room Comfort Suites near Southridge in
Kennewick is scheduled to open in the fall of 2019. In addition, a 99
room Courtyard by Marriott near the airport in Pasco is scheduled to
open in early 2020. These new projects will later be joined by a 122
room WoodSpring Suites in South Richland by year end. With this
most recent increase in hotel guest room inventory, investments in
securing convention, sports and leisure travel will be paramount to
maintaining healthy occupancies and revenue growth.
The Tri-Cities Sports Feasibility Study, which is scheduled to be
released in late 2019, will provide city partners with valuable analysis
and projections for future investment in facilities that will help
attract new events and more out of town visitors. Possible long term
developments beyond 2020 include two new hotel projects, expansion
of the convention center and the addition of an aquatics facility.
2016 2017 2018 2019 2020
Number of
Available
Hotel Rooms
3,989 4,191 4,191 4,285 4,506
Increase to
prior year +3.2% +5.0% +0.0% +2.2% +5.2%
2
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COMPETITIVE SITUATION ANALYSIS
In order to promote the Tri-Cities as a preferred destination for group, business and leisure travelers, it is important to
recognize both the strengths and challenges within our community and to set sales strategies accordingly.
DESTINATION STRENGTHS
u Variety of Hotels u Three Rivers u Competitive Pricing
u Spor ts infrastructure Convention Center u Complimentary Parking
u Positive Relationship u HAPO Center u Opportunity Funds Available
Between Hotels and u Strong Sports Council
Meeting Venues
Convention & Sports
u Less Price Sensitive u Mid-week Demand u Direct Flights From u Forecast for Hanford
for Airfare and Hotels Complements Weekend Minneapolis, Denver, is Relatively Stable
u Recently Expanded and Convention Groups Salt Lake City, Seattle,
Tri-Cities Airport. Mesa/Phoenix, San Francisco
and Los Angeles.
Business Travel
DESTINATION CHALLENGES
u Distance from Seattle u Meeting Space in u Competing Destinations u Lack of Resort-Style
vs. Competition Competing Locations: u Lack of Multi-Use Hotels
u L ack of Hotel Capable Yakima, Spokane and Tacoma Sports Facilities
for 300+ Room Block u Guest Room Rates vs. u Number of Meeting
Eastern WA Cities Rooms and Exhibit Space
u Heart of Washington u Manhattan Project u Travel Writer Outreach u STEM Tourism Assets
Wine Country National Historical Park u Hanford B Reactor Tours u Water2Wine Cruise
u Increase in Retail and u Trail Systems u Weather u Water Recreation
Restaurant Businesses u Riverfront Amenities
Leisure Travel
DESTINATION STRENGTHS
DESTINATION CHALLENGES
u Seasonal Demand u Difficult to Track u Budget Sensitive u Price of Airfare/
u Mountain Snow and u Heavy Weekend Traffic u Perceived Lack of Inconvenience of
Winter Driving on Pass Family Activities Air Travel
u Negative Hanford Preceptions
DESTINATION STRENGTHS
DESTINATION CHALLENGES
u Destination Choice not u Very Dependent on u Mostly Mid-Week Travel
Influenced by Outside Forces Hanford Business Trends
3
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COMPETITIVE SITUATION ANALYSIS
Destination Preference/
Convenience of Location
Event Cancelled/
Postponed
Lost Business Analysis by Reason
Lost Business Analysis by Location
Spokane Wenatchee Walla Walla Yakima Other
2017 2018 2019 2020
Leads Issued
Qtr 1 64 54 40 45*
Qtr 2 62 66 64 65*
Qtr 3 58 70 81* 80*
Qtr 4 70 83 80* 80*
Total 254 273 265* 270*
Request for Proposal (RFP) Production
Each year the Visit Tri-Cities sports and convention sales managers issue qualified leads to hotel and meeting
partners. The table below outlines the production of leads by quarter, the actual arrival of the events (if they
can be converted) ranges on average from one to five years in the future.
* Estimated production
2017 2018 2019 2020
Leads Converted
Qtr 1 49 38 34 40*
Qtr 2 46 46 43 45*
Qtr 3 43 46 53* 50*
Qtr 4 55 72 70* 70*
Total 193 202 200* 205*
The table below refers to the number of sporting events and conventions booked each year, by quarter.
The leads generated to initiate these converted bookings are issued one to five years prior to the event being
booked. The arrival dates for these events range from taking place in the same year they are booked,
to taking place five (or more) years in the future.
Converted Bookings
* Estimated production
40%
Overall Cost
9%
Type of Hotel Choice
14%19%
Other
18%
I-5 Corridor
24%14%4%18%18%22%
4
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MEETINGS & CONVENTIONS
2020 ACTIONS
• Sales Blitz: Develop two
multi-day sales blitzes
events in Olympia (Spring
and Fall), encourage hotel
participation in Spring Blitz.
• Customer Events: Organize
meeting planner customer
luncheon in the spring to
promote the Tri-Cities as a
destination. Event to be
held in conjunction with
the Olympia Spring Sales Blitz.
• Sales Calls: Two sales trips
to the greater Seattle/Puget
Sound area.
• Meeting Planner FAM Tours:
Host qualified meeting planners
for individual, customized
FAM tours.
• Relationships: Continue staff
attendance at Washington
Society of Association Executives
(WSAE) and Professional
Convention Management
Association (PCMA) monthly/
quarterly meetings to
strengthen relationship with
key meeting planners.
• National Trade Shows:
Attend the 2020 National Tour
Association Annual Convention.
• Digital: With the addition of a
Digital Marketing Manager we
will continue to advertise
campaigns through geo locating,
consumer search.
Economic
impact of
$7,177,500
Direct hotel
spending of
$3,161,000
29,000
Guest rooms
booked
2020 CONVENTION SALES GOALS
5
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MEETINGS & CONVENTIONS
ADVERTISING
• Misc. Ad projects $600 in Feb, July, Sept = $1,800
• Destinations International Western Destination Guide Convene = $4,800 (Dec)
• Cvent – enhanced listing on meeting planner website = $12,000 (Sept)
• DI – EmpowerMINT = $7,300 (Jan)
• Northwest Meetings and Events ($2,500 each in Jan, Apr, July and Oct) = $10,000
• Meetings News Northwest Book of Lists (Oct) = $4,500
TRADE SHOWS
• Meeting Planner Intl.: Registration ($300), buyer program ($675) fees = $975 (Jan)
• Meeting Planner Intl.: Sponsorship = $1,000 (Feb)
• Washington Society of Association Executives: Convention registration for 2 staff @ $400 each = $800 (May)
• Society of Government Meeting Professionals Winter Workshop: registration = $100 (Jan)
• National Tour Association = $1,600 (Oct)
PROMO ITEMS
• Amenities: $400: Feb, July and Sept = $1,200
• Logo’d items: $350 in Feb and Aug = $700
TRAVEL
• Mileage for site inspections when VTC mobile is not available = $800 per year
• Professional Convention Management Association: attend 2 meetings per year; Apr and June at $500 each = $1,000
• Washington Society of Association Execs: attend 2 meetings per year; May and Oct at $500 each = $1,000
• Meeting Planners Intl.: Annual Convention: hotel, meals, and flight = $1,000 (Mar)
• Olympia Spring Sales Blitz: $500 per staff person, 4 people = $2,000 (Mar)
• Washington Society of Association Execs Convention: hotel, meals, travel for 2 staff @ $500 each = $1,000 (Jun)
• Olympia Fall Sales Blitz: $375 per staff person, 3 people = $1,125 (Oct)
• Training Classes: continuing education courses for 4 staff, hotel, meals and travel @ $2,000 per session (Feb, May, Aug and Sept) = $8,000
• Society of Government Meeting Professionals Winter Workshop: hotel, meals, travel= $300 (Feb)
• National Tour Association: hotel, meals, travel = $1,600 (Oct)
STAFF DEVELOPMENT
• Continuing Education Training Courses: 4 staff to attend, $1,000 registration in Feb, May, Aug and Sept = $4,000
DUES AND SUBSCRIPTIONS
• Washington Society Association Executives Sapphire level sponsorship $2,550 (Jan)
• Washington Society Association Executives Dues $265 each for 2 staff due = $530 (June)
• Meeting Planners International Dues $375 (Dec)
• Society Government Meeting Professionals Dues $400 (Apr)
• Religious Conference Management Association Dues $195 (May)
• Professional Conference Management Association Dues $485 (Mar)
• National Tour Association Dues $700 (Feb)
• Christian Meetings & Conventions Association Dues $250 (Jan)
• Military Reunion Connection Dues $250 (Feb)
• NTA Sponsorship $700 (Oct)
AdvertisingTrade
S
h
o
w
s
Promo Items
$40,400
$17,825
$6,435
$1,900
$4,000
$4,475
53.8%
Travel23.7%
6%
St
a
T
r
a
i
n
i
n
g
5.3
%
8.7%
2.5%
Dues/Subsc.
Convention Sales Program Total:$75,035
6
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Trade Shows
$30,69048.7%
$13,620
Travel21.6%Sta Training3.2%$13,000
Bid Fees21.6%Advertising4.3%Dues&Subs
$7951.3%$2,725 $2,000
Promo Items
$200.3 ADVERTISING
• Miscellaneous Ads to support tournaments: $925 ($100 Jan; $150 Mar; $325 May; $200 Nov; $150 Dec)
• Sports Events Magazine Featured Listing = $1,000 (Dec)
• Printed Sports Facilities Map = $800 (Jun)
BID FEES
• USTA Tennis = $7,000 (Aug)
• National Association of Intercollegiate Athletics, Softball Opening Rounds = $6,000 (May)
TRAVEL
• National Association of Sports Commissions (NASC) Symposium: $1,420 per staff (Hotel-$180 x 4 =
$720; Airfare-$575; Meals-$125) x 2 staff =$2,840 (Apr)
• TEAMS Conference: (Hotel-$180 x 4 =$720; Airfare-$875; Meals-$150) = $1,745 (Oct)
• S.P.O.R.T.S-Relationship Conference: (Hotel-$180 x 4 =$720; Airfare-$875; Meals-$150)
= $1,745 (Sept)
• Connect Sports Marketplace: (Hotel = $950, Airfare = $700, Meals = $150) = $1,800 (Aug)
• eSportsTravel Summit: (Hotel-$180 x 3 =$540; Airfare-$800; Meals-$150) = $1,490 (July)
• Staff Development, Continuing Education Travel: $2,000 in May and July = $4,000
TRADE SHOWS
• TEAMS Conference: registration = $2,600 (Feb)
• TEAMS Conference: sponsorship = $7,400 (Feb)
• S.P.O.R.T.S-Relationship Conference: registration $1,400, sponsorship $4,500 = $5,900 (Mar)
• National Association of Sports Commissions (NASC) Symposium: $1,395 for staff #1,
$995 for 2nd staff = $2,390 (Dec)
• Connect Sports Marketplace: registration $4,250, sponsorship $6,750 = $11,000 (Mar)
• eSportsTravel Summit: registration = $1,400 (Feb)
STAFF DEVELOPMENT
• Continuing Education Training Courses: 2 staff to attend, $1,000 registration in May and
July = $2,000
PROMO ITEMS
• Sports Amenities: $200 (Apr)
DUES AND SUBSCRIPTIONS
• National Association of Sports Commissions (NASC) Membership: $795 (Dec)
Sports Program
Total:$63,030
7
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SPORTSEVENTS 2020 ACTIONS
• Sports Council: Organize
and administer activities for
the Tri-Cities Sports Council.
• Advertising: Place print and
digital advertising as appropriate
in publications such as: Sports
Events, Sports Destination
Management, and Connect Sports.
• Sales Blitz: Conduct sales calls in
October in the greater Seattle area.
• Promote Resources: Reprint and
update the sports facilities guide.
• FAM Tours & Services: Arrange site
inspections for tournament planners,
provide tools and information for
promotional purposes and
communicate with tournament
planners during their event.
• Opportunity Fund: Utilize the
opportunity fund specifically to
offset tournament costs for groups
that block more than 300 rooms per
night city-wide.
• Trade Shows: Promote the Tri-Cities
as a premier sports destination at
National Tradeshow Events such as
Teams, S.P.O.R.T.S, Connect Sports
Marketplace, eSportsTravel Summit,
and National Association of
Sports Commissions. Promote the
Destination Sponsor events at
annual national sports trade shows,
where we conduct one-on-ones
appointments with decision makers.
• Bidding Fees: Bid on new regional/
national level tournaments that
demand bidding fees to host events.
Economic
impact of
$7,425,00025,000
Guest rooms
booked
Direct hotel
spending of
$3,125,000
2020 SALES GOALS
8
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TOURISM DEVELOPMENT
2020 ACTIONS
• Website: The Visit Tri-Cities website, VisitTri-Cities.com, is the one of the organization’s primary marketing
tools and all campaigns direct consumers to the website. In early 2019 a digital marketing manager position was added to
manage digital campaigns in-house, which is more expedient and more cost effective. By monitoring website performance,
we can evaluate the success of our digital campaigns effectively. Through the first six month of the year visits to the site
have increased by 40% over prior year, new users are up 42% and the mix of sales is skewing higher for users outside of
the area, which speaks to the ability for digital advertising to target who receives our messages and where messages
appear. In 2020 we will offer members the opportunity to add enhanced video listings. The age of the website is nearing five
years. Each year funding has been set aside in reserves for either a refresh or re-build, and the RFP process should begin in
late 2020 or early 2021.
• Promote the Destination: Promote increased leisure travel through development of campaigns targeting wine enthusiasts,
golfers, outdoor adventurers and STEM tourism.
• Travel Trade shows: Target travel and golf related trade shows in key Northwest markets and promote wine tourism through
Taste Washington and Vintage Spokane.
• Materials: Publications including the Official
Tri-Cities Visitor Guide, the Golf in Washington Wine Country
brochure, the Wine & Dine brochure and the shopping
brochure, all support the Tri-Cities brand and are targeted
to key markets to increase visitor spending. These
publications will be released in six-month intervals to
complement each other and maximize their timeliness.
Electronic versions are also posted to VisitTri-Cities.com.
• Advertise: Digital and social media advertising will
supplement the traditional advertising. The advertising
budget calls for a little more flexibility to target seasonal
needs as they arise. After a few years of investing in
advertising in many markets in the Northwest, we will
return to the previous strategy of concentrating mostly
on the Puget Sound region for regional campaigns
because the largest population is centered there.
National campaigns will be added where it makes sense.
In 2019 we launched campaigns in Los Angeles to support
new air service for example.
• Social Media: Visit TRI-CITIES promotes the destination
through Tri-Cities WA (24,316 followers) on Facebook,
as well as through Twitter, Instagram and Pinterest. In
2019 Facebook followers increased by 7.4% due to
increased advertising and more creative content. In 2020
we will offer members the opportunity to purchase social
media advertising packages.
• Tri-Cities Wine Tourism Council: There has long been the
need to assist wine industry related businesses in
becoming more cohesive and organized in order to market
the region. Visit Tri-Cities staff provides management and
leadership for the Tri-Cities Wine Tourism Council, which
works on marketing projects designed to increase
wine tourism.
• Packages: Work with member hotels to showcase
their existing packages to travel media and on the
Visit Tri-Cities website.
• Consumer e-News: User generated content on the
website and social media channels will be supplemented by
quarterly consumer newsletters targeted to interest groups
(outdoor recreation, wine, science) to compel readers to
plan leisure travel to the region.
9
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TOURISM DEVELOPMENT
Advertising
$269,10085%
Promo Items
$4,9001.5%
Website
$19,2006%Trade Shows2.4%$7,665Sta
Training
$4,0001.3%
Travel
$12,10012%
ADVERTISING
• Golf & Wine Getaway Brochure: Brochure $3,000 (Mar)
• Images for Ad Design = $6,000 (June)
• WTA State Official Visitor Guide: $5,000 (Nov)
(Remainder Paid by Hotel-Motel Tax)
• Social Media/Google Ads = $1,000 (Jan, June, Nov)
$2,000 (Feb, Mar, Apr, May, July, Aug, Sept, Oct)
$600 (Dec) = $19,600
• Television Commercials in Puget Sound Region $30,000
each for Spring (May/June) and Fall (Aug/Sept) = $60,000
• Digital Ad Campaigns targeting group, sports, leisure travel, varying by
market and time frame as needed = $90,500 ($22,265 per quarter, Mar, June, Sept, Dec)
• Advertising for Hanford Section of the National Park $10,000 in Feb, May and July = $30,000
• Video Footage Production $5,000 in Mar, May and June = $15,000
• Virtual Reality Production $5,000 in Jan and Feb = $10,000
• Arrivalist/Airsage for visitor analytics = $30,000 (Jan)
TRADE SHOWS
• Seattle Golf & Travel Show: Exhibit fees due Sept = $1,600
• Spokane Golf & Travel Show: Exhibit fees due Oct = $1,000
• Spokane Wine Show “Vintage Spokane” in May = $2,065
• Equipment/Monitors to support virtual Reality Displays in Jan =$3,000
TRAVEL
• Seattle Golf & Travel Show: hotels, meals, car rental, parking, and fuel for 2 staff = $1,700 (Mar)
• Spokane Golf & Travel Show: hotels, meals, car rental, parking, and fuel for 2 staff = $1,200 (Feb)
• Tri-Cities Wine Tourism Council: Travel allowance to support Tradeshows $600 each show, 1 staff member (Mar, Sept) = $1,200
• Training Classes: continuing education courses for 4 staff, hotel, meals and travel @ $2,000 per session (Mar, May, Jul and Sept) = $8,000
STAFF TRAINING
• Continuing Education Training Courses: 4 staff to attend, $1,000 registration in Mar, May, July and Sept = $4,000
WEBSITE/ INTERNET MARKETING
• Invest in Search Engine Optimization for new website: Aristotle Bronze SEO Package $3,600 a quarter (Jan, Apr, July, Oct) = $14,400
• Website Hosting Fee: $4,800 annually = ($1,200 a quarter, Mar, June, Sept, Dec)
PROMO ITEMS
• Registration Bags in Feb = $2,500
• Logo’d Swag $1,200 in Apr and Aug = $2,400
Total Tourism
Development
Program Cost:
$316,965
10
Page 20 of 110
0
0
Seattle*Spokane Seattle
Southside
TacomaYakima Valley Tri-Cities Vancouver Walla Walla
$7,500,000
$15,000,000
$22,500,000
Seattle*Spokane Tacoma*Seattle
Southside
Walla Walla Yakima ValleyTri-Cities Vancouver
$3,000,000
$6,000,000
$9,000,000
$12,000,000
0
0
Seattle*Spokane Seattle
Southside
TacomaYakima Valley Tri-Cities Vancouver Walla Walla
$7,500,000
$15,000,000
$22,500,000
Seattle*Spokane Tacoma*Seattle
Southside
Walla Walla Yakima ValleyTri-Cities Vancouver
$3,000,000
$6,000,000
$9,000,000
$12,000,000
Destination Marketing Organization (DMO)Funding Comparative
The following chart provides a total budget comparative (including Hotel Motel Tax, Membership
Investments and Tourism Promotion Assessment) in key competitive markets:
The following chart provides a comparative for Hotel Motel Tax investments only for each destination
marketing organization within key competitor markets:
* Includes Sports Council
$24,973,764
$5,400,409 $5,105,500 $2,700,000$2,821,600 $2,803,280 $1,550,999 $1,107,000
$11,642,510
$2,412,500
$655,000$1,088,000 $670,000 $641,800$706,659 $314,666
11
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Destination Marketing Organization (DMO)Funding Comparative
The following chart provides a comparative for Tourism Promotion Assessments only for each
destination marketing organization within key competitor markets:
0
Seattle*SpokaneSeattle
Southside
Tacoma Yakima ValleyTri-Cities Vancouver Walla Walla
$2,000,000
$4,000,000
$6,000,000
$8,000,000 $8,086,542
$3,900,000
$2,196,744
$1,614,181 $1,227,933 $1,200,000 $645,00 $375,000
12
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APPENDIX
13
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14
Page 24 of 110
SPORTS GROUP SALES
Jan Feb Mar Apr Mav June Julv Auq
Advertisinq $100 $0 $150 $0 $325 $800 $0 $0
Biddinq Fees $0 $0 $0 $0 $6,000 $0 $0 $7,000
Travel $0 $0 $0 $2,840 $2,000 $0 $3,490 $1,800
Trade Show $0 $11,400 $16,900 $0 $0 $0 $0 $0
Staff Development $0 $0 $0 $0 $1,000 $0 $1,000 $0
Promo items $0 $0 $0 $200 $0 $0 $0 $0
Dues/Subsc. $0 $0 $0 $0 $0 $0 $0 $0
Totals: $100 $11,400 $17,050 $3,040 $9,325 $800 $4,490 $8,800
Sept Oct Nov Dec Total
$0 $0 $200 $1,150 $2,725
$0 $0 $0 $0 $13,000
$1,745 $1,745 $0 $0 $13,620
$0 $0 $0 $2,390 $30,690
$0 $0 $0 $0 $2,000
$0 $0 $0 $0 $200
$0 $0 $0 $795 $795
$1,745 $1,745 $200 $4,335 $63,030
Advertising:
Miscellaneous Ads to support tournaments: $925 ($100 Jan; $150 Mar; $325 May; $200 Nov; $150 Dec)
Sports Events Magazine Featured Listing = $1,000 (Dec)
Printed Sports Facilities Map = $800 (Jun)
Bidding Fees:
USTA Tennis= $7,000 (Aug)
National Association of Intercollegiate Athletics, Softball Opening Rounds= $6,000 (May)
Travel:
National Association of Sports Commissions (NASC) Symposium: $1,420 per staff (Hotel-$180 x 4 = $720; Airfare-$575; Meals-$125) x 2 staff= $2,840 (Apr)
TEAMS Conference: (Hotel-$180 x 4 =$720; Airfare-$875; Meals-$150) = $1,745 (Oct)
S.P.O.R.T.S-Relationship Conference: (Hotel-$180 x 4 =$720; Airfare-$875; Meals-$150) = $1,745 (Sept)
Connect Sports Marketplace: (Hotel = $950, Airfare = $700, Meals = $150) = $1,800 (Aug)
eSportsTravel Summit: (Hotel-$180 x 3 =$540; Airfare-$800; Meals-$150) = $1,490 (July)
Staff Development, Continuing Education Travel: $2,000 in May and July = $4,000
Trade Shows:
TEAMS Conference: registration = $2,600 (Feb)
TEAMS Conference: sponsorship = $7,400 (Feb)
S.P.O.R.T.S-Relationship Conference: registration $1,400, sponsorship $4,500 = $5,900 (Mar)
National Association of Sports Commissions (NASC) Symposium: $1,395 for staff #1, $995 for staff #2 = $2,390 (Dec)
Connect Sports Marketplace: registration $4,250, sponsorship $6,750 = $11,000 (Mar)
eSportsTravel Summit: registration = $1,400 (Feb)
Staff Development:
Continuing Education Training Courses: 2 staff to attend, $1,000 registration in May and July = $2,000
Promo Items:
Sports Amenities: $200 (Apr)
Dues and Subscriptions:
National Association of Sports Commissions (NASC) Membership: $795 (Dec)
15
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16
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17
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18
Page 28 of 110
Destination Marketing Funding Comparative
The following chart provides a Total Budget comparative (including Hotel Motel Tax,
Membership Investments and Tourism Promotion Assessment) in key competitive markets:
The following chart provides a comparative for Hotel Motel Tax investments only for
each destination marketing organization within key competitor markets:
The following chart provides a comparative for Tourism Promotion Assessments only
for each destination marketing organization within key competitor markets:
*Not all hotels contribute to the Hotel Motel Tax and/or Tourism Promotion Assessment.
Competing City Bureau Budget Number of Hotel
Rooms $ Spent per Room
Visit Seattle & Sports Council $24,973,764 14,393 $1,735
Visit Spokane $5,400,409 8,167 $661
Seattle Southside Tourism Authority $5,105,500 8,786 $581
Yakima Valley Tourism $2,821,600 2,424 $1,164
Visit Tri-Cities $2,803,280 4,506 $622
Travel Tacoma & Sports Council $2,700,000 7,200 $375
Visit Vancouver USA $1,550,999 2,900 $535
Walla Walla Tourism $1,107,000 1,000 $1,107
Competing City Hotel Motel Tax Number of Hotel
Rooms $ Spent per Room
Visit Seattle & Sports Council $11,642,510 14,393 $809
Visit Spokane $2,412,500 8,167 $295
Seattle Southside Tourism Authority $1,088,000 8,786 $124
Visit Tri-Cities $706,659 4,506 $157
Walla Walla Tourism $670,000 1,000 $670
Travel Tacoma & Sports Council $655,000 7,200 $91
Yakima Valley Tourism $641,800 2,424 $265
Visit Vancouver USA $314,666 2,900 $109
Competing City TPA Collection Number of Hotel
Rooms $ Spent per Room
Visit Seattle & Sports Council $8,086,542 14,393 $562
Seattle Southside Tourism Authority $3,900,000 8,786 $444
Visit Spokane $2,196,744 6,008* $365
Visit Tri-Cities $1,614,181 4,506 $358
Visit Vancouver USA $1,227,933 2,900 $423
Travel Tacoma & Sports Commission $1,200,000 7,200* $167
Yakima Valley Tourism $645,000 2,424 $266
Walla Walla Tourism $375,000 930* $403
19
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20
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x
x
p
YEARS
Est. 1969
7130 W. Grandridge Blvd., Ste. B
Kennewick, WA 99336
(509) 735-8486 I (800) 254-5824
VisitTri-Cities.com
Page 31 of 110
CITY OF PASCO
October 14, 2019
Page 32 of 110
ITEMS FOR DISCUSSION
Tourism Promotional Area Programs
TPA Budget
Page 33 of 110
•Convention, Sports and Group Marketing
•Digital Advertising
•Social Media Advertising
•Wine Country Advertising
•Website Maintenance
•Regional and National Tradeshows (10)
•Opportunity Fund Grants
•National Park Marketing
•Television Commercials
PROMOTION ASSESSMENT
FUNDED BY TOURISM Page 34 of 110
City of Richland
Wendy Higgins, The Lodge at Columbia Point
Andrew Lucero, Courtyard by Marriott
Cindy Reents,Ex Officio, City of Richland
City of Kennewick
Mark Blotz, Clover Island Inn
Jerry Beach, SpringHill Suites by Marriott
Marie Mosley, Ex Officio, City of Kennewick
City of Pasco
Monica Hammerberg, Hampton Inn & Suites Pasco / Tri-Cities
Vijay Patel, A-1 Hospitality
Dave Zabell, Ex Officio, City of Pasco
TRI-CITY REGIONAL HOTEL-MOTEL COMMISSION
Page 35 of 110
≈
May/June Hotel Surveys Completed
July Hotel Commission Review of Surveys
August First Draft Prepared
September Hotel Commissioners Approve Plan
October 1st Delivered to Cities for City Council
Review and Final Approval
HOW THE MARKETING PLAN
IS DEVELOPED
Page 36 of 110
2020 TOURISM OUTLOOK
NATIONAL:
•Supply: +1.9%
•Demand: +1.7%
•Revenue Growth: 1.9%Page 37 of 110
2020 TOURISM OUTLOOK
TRI-CITIES:
•5.2% Growth increase in rooms
•99 rooms Courtyard by Marriott, Pasco
•122 rooms WoodSpring Suites, South Richland
•Path forward on Three Rivers Convention Center
Page 38 of 110
DESTINATION MARKETING ORGANIZATION FUNDING
Page 39 of 110
MEETINGS &
CONVENTIONS
SPORTS
EVENTS
TOURISM
DEVELOPMENT
Page 40 of 110
TRADE SHOWS & INDUSTRY EVENTS
•Meeting Planners International
•Washington Society of Association Executives
•Society of Government Meeting Professionals Winter Workshop
•National Tour Association
•TEAMS Conference
•S.P.O.R.T.S-Relationship Conference
•National Association of Sports Commissions (NASC) Symposium
•Connect Sports Marketplace
•eSportsTravel Summit
•Seattle Golf & Travel Show
•Spokane Golf & Travel Show
•Spokane Wine Show “Vintage Spokane” Page 41 of 110
Page 42 of 110
THANK YOUPage 43 of 110
AGENDA REPORT
FOR: City Council October 10, 2019
TO: Dave Zabell, City Manager Workshop Meeting: 10/14/19
FROM: Rick White, Director
Community & Economic Development
SUBJECT: Federal Communication Commission 5G Preemption
I. REFERENCE(S):
• Proposed Ordinance of the City of Pasco, Washington, Amending PMC
15.10.050 "Determination by City;"
• Proposed Ordinance of the City of Pasco, Washington, Amending Ordinance
No. 4413; and Amending PMC 15.10.025 "Supplemental Definitions" and
Providing for Corrections;
• Proposed Ordinance of the City of Pasco, Washington, Amending Ordinance
No. 4415; and Amending PMC Chapter 15.100 "Small Cell Tower Deployment
Within the Public Right-of-Way;" and
• Proposed Ordinance of the City of Pasco, Washington, Amending Ordinance
No. 4416; and Amending PMC Chapter 15.110 "Small Cell Tower Deployment
Outside the Public Right-of -Way.
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
Unknown at this time.
IV. HISTORY AND FACTS BRIEF:
The Federal Communications Commission (FCC) adopted a declaratory ruling and
order on September 27, 2018 that dramatically preempted local authority on the siting
of cellular wireless technology in public rights of ways with an effective date of
January 14, 2019. In summary - the new rule did the following:
• Created new definitions for small wireless facilities (SWF) and related terms,
establish time frames and responsibilities for determination of a "complete"
Page 44 of 110
application and shorten the time cities have to process applications for SWF to
either 60 or 90 days, depending on whether they are being mounted on an
existing or new structure;
• Limited "use" fees for SWF to $270 per facility per year for recurring fees
within rights of ways; limits non-recurring fees (5 additional SWF maximum)
up to $500 per site including $100 per each additional SWF and establishes a
limit of up to $1,000 for non-recurring fees for a new pole to support a SWF;
• a than other anything that include assessing from cities Prohibited fees
"reasonable approximation "of" reasonable costs"directly related to maintaining
the rights-of-way and the small cell facility; and
• Limited aesthetic review and requirements (including undergrounding and
historic/environmental "reasonable" and that are to requirements) those
comparable to requirements for other rights-of-way users, and published in
advance.
Although a Motion to Stay was submitted by the National League of Cities and many
affected agencies and municipalities, the Stay was denied by the FCC. An appeal is
expected to be heard by the federal court system this year - but currently the FCC
ruling is law.
As Council may recall, a focused and rapid process to place appropriate legislation in
the Pasco Municipal Code was accomplished in January this year so the City had
customized regulations in place that - as much as possible - assured that the public's
interest would be fairly served and protected in light of the FCC Ruling.
Council adopted Ordinances 4412, 4413, 4414, 4415 and 4416 which made changes to
various Chapters in the PMC and created new Chapters and new Sections as needed.
All of the January 2019 Ordinances were intended to provide the Council options for a
framework 5G readily be implemented; easily assure technology would that is
available to the public as the market comes forward; provide for standards and
regulations to minimize the disruption to the public rights-of-way and maintain
aesthetic, fiscal and safety benefits to the public.
The proposed Ordinances attached as References above contain minor housekeeping
updates to those earlier adopted January 2019 Ordinances.
V. DISCUSSION:
Although there is a large quantity of material contained in the above proposed
ordinances, the substance of the recommended revisions are minor and consist mostly
of revising incorrect references to other PMC sections; eliminating redundant language
and providing clarifying wording.
Page 45 of 110
Perhaps the most substantive change is located within the proposed Ordinance revising
PMC Chapter 15.100 "Small Cell Tower Deployment Within the Public Right-of-Way"
where the spacing requirements were clarified to include residential areas, "Target
Zones" or other sensitive locations (proposed Section 15.100.050 (1) (d)).
Staff welcomes Council discussion of these proposed Ordinances. Once any concerns
of Council are addressed, the items will be returned to Council for official
consideration and action.
Page 46 of 110
Ordinance Amending PMC 15.10.050 - 1
ORDINANCE NO. ____________
AN ORDINANCE of the City of Pasco, Washington,
Amending PMC 15.10.050 “Determination by City”
WHEREAS, the City has in its process of adopting regulations for Small Cell Tower
Deployment within and outside of the public right-of-way affecting PMC 15.10.050
“Determination by City”; and
WHEREAS, in order to make this section consistent with the other minor changes and
revisions in the Small Cell Tower Deployment Ordinances, minor changes have been identified
as necessary to clarify the application of this section. NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. That Section 15.10.050 entitled “Determination by City” of the Pasco
Municipal Code shall be and hereby is amended and shall read as follows:
15.10.050 DETERMINATION BY CITY.
A) Right-of-Way Use Permits. Within 90 ninety (90) days after receiving a complete
application for a Right-of-Way Use Permit, the City Engineer or her or his designee shall issue a
written determination granting or denying the permit application in whole or in part. If the
application is denied, the written determination shall include the reason(s) for denial. The
decision to grant or deny an application shall be based upon the following standards:
1) Whenever the applicant has received all requisite licenses, certificates, and
authorizations from the Federal Communications Commission, the Washington Utilities
and Transportation Commission, and any other Federal or State agency with jurisdiction
over the activities proposed by the applicant;
2) The capacity of the public ways to accommodate the applicant’s proposed
facilities;
3) The capacity of the public ways to accommodate additional utility, cable,
open video, and telecommunications facilities if the permit is granted;
4) The damage or disruption, if any, of public or private facilities,
improvements, service, travel or landscaping if the permit is granted;
5) The public interest in minimizing the cost and disruption of construction
with the public ways;
6) The service that applicant will provide to the community and region;
Page 47 of 110
Ordinance Amending PMC 15.10.050 - 2
7) The effect, if any, on public health, safety and welfare if the permit is
granted;
8) The availability of alternate routes and/or locations for the proposed
facilities;
9) Applicable Federal and State communications laws, regulations and
policies;
10) Such other factors as may demonstrate that the grant to use the public
ways will serve the community interest; and
11) Such other and future factors as may be deemed appropriate by the City.
B) Other Franchises. Other than Franchises for Small Cell Tower deployment as
provided in PMC 15.40.050, all other telecommunication Franchises as provided in PMC
15.40.100, and all other franchises shall, within one hundred fifty (150) days of receiving a
complete application under as required by Pasco Municipal Code PMC Section 15.10.040 for a
Franchise, the City be reviewed by the City which shall issue a written determination granting or
denying the application in whole or in part. Prior to granting or denying a Franchise, the City
Council shall conduct a public hearing and make a decision upon the standards set forth in Pasco
Municipal Code Section 15.10.050(A). Pursuant to RCW 35A.47.040, the City Council shall not
approve any Franchise hereunder until the next regularly schedule Council meeting following the
public hearing. If the application is denied, the written determination shall include the reason for
denial.
C) Facilities Leases. Recognizing that the City is under no obligation to grant a
Facilities Lease for the use of City property, the City shall strive to consider and take action on
applications for Facilities Leases within ninety (90) days after receiving a complete application
for such a lease. When such action is taken, the City Engineer shall issue a written determination
granting or denying the lease in whole or in part, applying the standards set forth below. If the
lease application is denied, the written determination shall include the reason for denial, if any.
1) The capacity of the City property and public ways to accommodate the
applicant’s proposed facilities.
2) The capacity of the City property and public ways to accommodate
additional utility and telecommunications facilities if the lease is granted.
3) The damage or disruption, if any, of public or private facilities,
improvements, service, travel or landscaping if the lease is granted.
4) The public interest in minimizing the cost and disruption of construction
upon City property and within the public ways.
5) The service that applicant will provide to the community and region.
Page 48 of 110
Ordinance Amending PMC 15.10.050 - 3
6) The effect, if any, on public health, safety, and welfare if the lease
requested is approved.
7) The availability of alternate routes and/or locations for the proposed
facilities.
8) Whether the applicant is in compliance with applicable Federal and State
telecommunications laws, regulations and policies, including, but not limited to, the
registration requirements administered by the Washington Utilities and Transportation
Commission.
9) The potential for radio frequency and other interference with existing
public and private telecommunications or other facilities located upon the City property.
10) The potential for radio frequency and other interference or impacts upon
residential, commercial, and other uses located within the vicinity of the City property.
11) Such other factors as may demonstrate that the lease to use the City
property will serve the community interest. (Ord. 3287 Sec. 1, 1998.)
PASSED by the City Council of the City of Pasco, Washington, and approved as
provided by law this ____ day of _______________, 2019.
_____________________________
Matt Watkins, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ ____________________________________
Debra Barham, City Clerk Kerr Ferguson Law, PLLC, City Attorney
Page 49 of 110
Ordinance Amending Ordinance 4413
and Amending PMC 15.10.025
Supplemental Definitions - 1
ORDINANCE NO. ____________
AN ORDINANCE of the City of Pasco, Washington,
Amending Ordinance No. 4413; and Amending PMC 15.10.025
“Supplemental Definitions” Providing for Corrections
WHEREAS, the City having adopted Ordinance No. 4413 to facilitate the
implementation of broadband services within the City; and
WHEREAS, the enactment of Ordinance No. 4413 was done in haste to meet the Federal
Communications Declaratory Ruling and Order effective on January 14, 2019; and
WHEREAS, since its adoption, corrections and other minor changes have been
identified to clarify the application of this Ordinance. NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. That Section 15.10.025 entitled “Supplemental Definitions” of the Pasco
Municipal Code shall be amended and shall read as follows:
15.10.025 SUPPLEMENTAL DEFINITIONS. Supplemental to those definitions
provided in PMC Section 15.10.020, and particularly in relation to those actions covered by
PMC 15.100 “Small Cell Tower Deployment - - Right-of-Way”, and PMC 15.105 “Small Cell
Tower Deployment - - Non Right-of-Way Location”, shall have the following meanings.
A) “Administrative review” means ministerial review of an application by the City
Manager, or his designee, relating to the review and issuance of a permit, including review by
the Community Development Director and Public Works Director, and Informational Services
Director to determine whether the issuance of a permit is in conformity with the applicable
provisions of this Title. This review does not involve the exercise of discretion, nor is subject to
a public hearing.
B) “Antenna” means communications equipment that transmits and/or receives
electromagnetic radio frequency signals used in the provision of wireless services or other
wireless communications. This definition does not apply to broadcast antennas, antennas
designed for amateur radio use, or satellite dishes for residential or household purposes.
C) “Applicable codes” means uniform building, fire, safety, electrical, plumbing, or
mechanical codes adopted by a recognized national code organization to the extent such codes
have been adopted by the City or otherwise are applicable in the jurisdiction.
D) “Applicant” means any person who submits an application.
Page 50 of 110
Ordinance Amending Ordinance 4413
and Amending PMC 15.10.025
Supplemental Definitions - 2
E) “Application” means a written request submitted by an applicant to City for a
permit to:
1) Locate or collocate, or to modify, a communications facility underground,
on the surface, or on any existing support structure, pole or tower; or
2) Construct, replace, or modify a new support pole or tower or any other
structure on which a communications facility will be collocated.
F) “Authority” or “City” means the City of Pasco, Washington, and all departments,
divisions, employees and agencies thereof.
G) “Authority pole” or “City pole” means a pole owned, regulated, managed, or
operated by or on behalf of the City, however, nothing construed can grant authority for the use
or location of communication facilities upon a pole owned by the Franklin County Public Utility
District.
H) “Base station” or “Wireless facility” is defined as provided below (definition of
“Wireless Facility”).
I) “Collocate” means to install, mount, maintain, modify, operate and/or replace a
communications facility on an existing support structure, pole, or tower or any other structure
capable of supporting such communications facility. Collocation has a corresponding meaning.
The term does not include the installation of a new utility pole, tower, or support structure in the
public right-of-way.
J) “Communications facility” means, collectively, the equipment at a fixed location
or locations that enables communications between user equipment and a communications
network, including:
1) Radio transceivers, antennas, coaxial, fiber-optic, or other cabling, power
supply (including backup battery), and comparable equipment, regardless of
technological configuration; and
2) All other equipment associated with any of the foregoing.
Communications facility does not include the pole, tower, or support structure to which
the equipment is attached.
K) “Communications service provider” means a cable operator, as defined in 47
U.S.C. § 522(5), a provider of information services, as defined in 47 U.S.C. §153(24); or a
provider of telecommunications service, as defined in 47 U.S.C. §153(53); or provider of fixed
wireless or other wireless services as defined in 47 U.S.C. §332(c)(7)(C)(i).
Page 51 of 110
Ordinance Amending Ordinance 4413
and Amending PMC 15.10.025
Supplemental Definitions - 3
L) “Day” means, for the purpose of calculation of the timing for review as provided
in PMC 15.100.040, PMC 15.110.040, and 15.40.100, for consideration shall commence on the
day following the receipt of the application or submission as evidenced by receipt stamp of the
City. The review period day of calculation shall be based on work business days applicable both
to the City and to the applicant, excluding legal holidays.
M) “Decorative pole” means a City, or City-regulated pole that is specifically
designed and placed for aesthetic purposes.
N) “Deployables” means a portable, self-contained wireless facility that can be
moved to a specified location or area and provides wireless services on a temporary or
emergency basis such as a “cell on wheels” or “COW,” cell on light truck or “COLT,” tethered
balloon, tethered drone or other unmanned device.
O) “Director” means the City Manager, or the City Manager’s designee.
P) “Discretionary review” means review of an application by the City relating to the
review and issuance of a permit that is other than an administrative review. Discretionary review
shall be pursuant to PMC 25.86 “Special Permits.”
Q) “Eligible facilities request” means a request for modifications of an existing tower
or base station involving: colocation, removal, or replacement of transition equipment as set
forth in 47 CFR §1.40001(b)(3), as may be amended from time to time.
R) “FCC” means the Federal Communications Commission of the United States.
S) “Fee” means a one-time, nonrecurring charge, whether a fixed amount or cost-
based amount based on time and expense.
T) “Historic property” means any prehistoric or historic district, site, building,
structure, or object included in, or eligible for inclusion in, the National Register maintained by
the United States Secretary of the Interior (in accordance with Section VI.D.1.a.i-v of the
Nationwide Programmatic Agreement codified at 47 C.F.R., Part 1, Appendix C), or listed on the
Pasco Register of Historical Places pursuant to PMC Title 27.
U) “Joint location” means the location of small wireless facilities by multiple
wireless providers upon or within a single pole, tower, or structure.
V) “Law” means and Federal, State, or local law, statute, common law, code, rule,
regulation, order, or ordinance.
W) “Non-Authority pole” or “Non-City pole” means a pole not owned, regulated,
managed, or operated by or on behalf of the City.
X) “Ordinary maintenance and replacement” means:
Page 52 of 110
Ordinance Amending Ordinance 4413
and Amending PMC 15.10.025
Supplemental Definitions - 4
1) With respect to a communications facility and/or the associated support
structure, pole or tower, inspections, testing, repair, and modifications that maintain
functional capacity, aesthetic and/or structural integrity, and;
2) With respect to a communications facility only, the replacement or
upgrade of antennas and/or other components of the communications facility
(specifically, such as a swap-out or addition of 5G antennas and radio equipment as
required by the applicant), with antennas and/or other components substantially similar in
color, aggregate size, and other aesthetics to that previously permitted by the City (and/or
consistent with the same height and volume limits for wireless facilities under this
Chapter), so long as the support structure, pole, or tower will structurally support, or prior
to installation will be modified to support, the structural load. Modifications are limited
by the structural load analysis supplied by the applicant to the City, and by the volume
limits as provided in subsection AG” “Small wireless facility” below. Modifications
beyond the foregoing must be requested in writing by the applicant and are subject to the
Special Use Permit process required by the City.
Y) “Permit” means a written authorization (in electronic or hard copy format)
required by the City to perform an action or initiate, continue, or complete installation of a
communications facility, or an associated support structure, pole, or tower.
Z) “Person” means an individual, corporation, limited liability company, partnership,
association, trust, or other entity or organization, including the City.
AA) “Pole” means a pole, such as a utility, lighting, traffic, or similar pole, not
exceeding 50 feet in height above grade, made of wood, concrete, metal or other material located
or to be located within the public right-of-way or a private easement. A pole does not include a
tower or support structure.
AB) “Pre-approved facility location” means an existing permitted site with capacity for
the location of additional small cell facilities within or upon the structure.
AC) “Private easement” means the area on, below, or above privately-owned property
that has been designated for use as or is used for a utility purpose (such as for electric, cable or
other utility purpose), and is typically recorded in the land records of the City Franklin County
pursuant to a recorded plat, easement or right-of-way, and does not include any portion of a
public right-of-way.
AD) “Public Right-of-Way” or “Public ROW” means the area on, below, or above
property that has been designated for use as or is used for a public roadway, highway, street,
sidewalk or alley, however shall not include the Federal interstate highway (or other area not
within the legal jurisdiction or maintenance responsibilities of the City), right-of-way or utility
easements, or undeveloped rights-of-ways identified or scheduled for vacation by Ordinance or
the current Comprehensive Plan.
Page 53 of 110
Ordinance Amending Ordinance 4413
and Amending PMC 15.10.025
Supplemental Definitions - 5
AE) “Rate” means a recurring charge.
AF) “Replace” or “replacement” means, in connection with an existing pole, support
structure or tower, to replace (or the replacement of) the same with a new structure, similar in
design, size and scale to the existing structure and in conformance with current City codes and
regulations in order to address limitations of, or change requirements applicable to, the existing
structure to structurally support collocation of a communications facility. In connection with
replacement of a pole or tower to support collocation of a wireless facility, similarity in size and
scale shall be evaluated consistent with 47 C.F.R. 1.40001 Subpart b(7).
AG) “Small wireless facility” means a wireless facility that meets both of the
following qualifications:
1) Each wireless provider’s antenna (including, without limitation, any
strand-mounted antenna) could fit within an enclosure of no more than three (3) cubic
feet in volume; and
2) All other wireless equipment associated with the facility is cumulatively
no more than twenty-eight (28) cubic feet in volume.
3) The following types of associated, ancillary equipment are not included in
the calculation of equipment, volume:
(a) Electric meter.
(b) Concealment elements;
(c) Telecommunications demarcation box;
(d) Grounding equipment;
(e) Power transfer switch;
(f) Cut-off switch; and
(g) Vertical cable runs for connection of power and other services.
AH) “State” means the State of Washington.
AI) “Support Structure” means a building, a billboard, a water tank or any other
structure to which a communications facility is or may be attached. Support structure does not
include a pole or a tower.
Page 54 of 110
Ordinance Amending Ordinance 4413
and Amending PMC 15.10.025
Supplemental Definitions - 6
AJ) “Target areas” means those specifically designated areas having historical value,
or which there has been expended significant public investment to promote development,
requiring the placement of all utilities underground and developed in aesthetic design, or where
added new structures in the right-of-way can present significant risks to vehicles, safety, and
pedestrian access requiring a consistent aesthetic structure and unique neighborhood characters
for which specific design standards shall be required for a consistent and compatible contribution
to the character of the neighborhood.of the City having unique neighborhood characteristics for
which specific design standards shall be required for a consistent and compatible contribution to
the character of the neighborhood. The target areas within the City shall constitute:
1) Downtown target area including that area west of west side of Tacoma
Street; east of the west side of 10th Avenue; north of the south side of Columbia Street
and south of the south side of Bonneville Street;
2) Court Street/Sylvester Streets west of the west side of 1st Avenue and east
of the west side of Road 40;
3) 20th Avenue both side of Pearl Street and north of Lewis Street and also
south of Lewis Street and north of “A” Street
4) 3rd Avenue both sides south of the roundabout and north of Columbia
Street;
5) 4th Avenue both sides south of the SR 12 Overpass and north of “A”
Street;
6) Lewis Street both sides west of 20th Avenue and east of the US 395 off-
ramp; and
7) The I-182 corridor as defined in PMC 25.130.020.
The target areas are specifically designated in PMC 15.100.070.
AK) “Tolling” means the suspension of any required performance period, “shot clock”
or time limitation required under this Title, or by agreement.
AL) “Tower” means any structure built for the sole or primary purpose of supporting a
wireless facility, such as a self-supporting monopole, a lattice, or a guyed tower. Tower, such
as a self-supporting tower, a monopole, a lattice or a guyed tower. Tower also includes a
structure designed to conceal, from the general public, the wireless facility. A tower does not
include a pole or a support structure.
AM) “Wireless facility” means a communications facility installed and/or opened by a
wireless provider. The term does not include:
Page 55 of 110
Ordinance Amending Ordinance 4413
and Amending PMC 15.10.025
Supplemental Definitions - 7
1) The support structure, tower or pole on, under, or within which the
equipment is located or collocated; or
2) Coaxial, fiber-optic or other cabling that is between communication
facilities or poles or that is otherwise not immediately adjacent to or directly associated
with a particular antenna.
A small wireless facility is one example of a wireless facility.
AN) “Wireless infrastructure provider” means any person, including a person
authorized to provide telecommunications service in the State, that builds or installs and/or
operates wireless facilities or poles, towers or support structures on which wireless facilities are
or are intended to be used for collocation, but that is not a wireless services provider.
AO) “Wireless provider” means a wireless infrastructure provider or a wireless
services provider.
AP) “Wireless services” means personal wireless services as that term is defined in 47
U.S.C. §332(c)(7)(C)(i), fixed wireless and other wireless services.
AQ) “Wireless services provider” means a person who provides wireless services.
Section 2. 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 _______________, 2019.
_____________________________
Matt Watkins, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ ____________________________________
Debra Barham, City Clerk Kerr Ferguson Law, PLLC, City Attorney
Page 56 of 110
Ordinance – Small Cell
Tower Deployment - 1
ORDINANCE NO. ____________
AN ORDINANCE of the City of Pasco, Washington,
Amending Ordinance No. 4415; and Amending PMC Chapter
15.100 “Small Cell Tower Deployment Within the Public
Right-of-Way”
WHEREAS, the City having adopted Ordinance No. 4415 to facilitate the
implementation of broadband services within the City; and
WHEREAS, the enactment of Ordinance No. 4415 was done in haste to meet the Federal
Communications Declaratory Ruling and Order effective on January 14, 2019; and
WHEREAS, since its adoption, corrections and other minor changes have been
identified to clarify the application of this Ordinance. NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. That Chapter 15.100 entitled “Small Cell Tower Deployment Within the
Public Right-of-Way” of the Pasco Municipal Code shall be amended and shall read as follows:
Chapter 15.100
SMALL CELL TOWER DEPLOYMENT WITHIN THE PUBLIC RIGHT-OFWAY
Sections:
15.100.010 Purpose and Goal.
15.100.020 Permitted Communications Facility – Administrative Review.
15.100.030 Action on Administrative Review Applications.
15.100.040 Review Process.
15.100.050 Development Standards – Small Wireless Facilities.
15.100.060 Design Standards – Small Wireless Facilitates.
15.100.070 Target Areas.
15.100.080 Grant of Permit.
15.100.090 Exceptions.
15.100.100 Violations of this Chapter.
15.100.010 PURPOSE AND GOAL.
A) The purpose of this Chapter is to provide a process for permitting the deployment
of small cell and microcell technology within the City of Pasco. The goals of this Chapter are:
Page 57 of 110
Ordinance – Small Cell
Tower Deployment - 2
1) To provide a permitting system for service providers to acquire a
Franchise to utilize the public right-or-way and a permit to deploy small cell technology
within the City’s right-of-ways.
2) Establish target areas within which specific design standards are
applicable to preserve the historic and aesthetic nature of the neighborhoods.
3) Establish design standards for facilities in both target areas and non-target
areas within the City.
4) Secure for the City the opportunity for utilization of smart city initiative
platforms to enhance municipal purposes.
5) Provide for an expedited process of review and permitting.
B) Service providers who seek to utilize the public right-of-way for small cell
deployment in order to provide wireless communication, data transmission, or other related
services to the citizens of the City must have a valid Franchise as required by PMC 15.40 and a
Small Cell Permit to deploy the technology. Entities with Franchises who wish to utilize small
cell deployment to upgrade or expand their services shall utilize the process set forth in this
Chapter and for implementing Small Cell Permits to deploy their technology and obtain design
approval of specific installations. The Small Cell Permit process administers deployment under
the Franchise. The Franchise application, and application for small cell permit, shall be
processed concurrently, together with any required State Environmental Policy Act (SEPA)
review concurrently as one Master Permit within the meaning of RCW 35.99.010(3) and RCW
35.99.030.
15.100.020 PERMITTED COMMUNICATIONS FACILITY - - ADMINISTRATIVE
REVIEW.
A) Permitted Uses. The following uses within the public right-of-way shall be a
permitted use, subject to administrative review only and issuance of a Small Cell Permit. All
such uses shall be in accordance with all other applicable revisions of this Chapter:
1) Collocation of a small wireless facility or a Collocation that qualifies as an
eligible facilities request;
2) Modification of a pole, tower, or support structure, or replacement of a
pole, for Collocation of a communications facility that qualifies as an eligible facilities
request, or involves a small wireless facility that does not exceed the maximum size
limitations as provided in Section 15.100.030100.050. All other modifications or
replacements that exceed these limitations are subject to securing a Special Use Permit as
required by PMC 25.20086.
Page 58 of 110
Ordinance – Small Cell
Tower Deployment - 3
3) Construction of a new pole or a monopole tower (but no other type of
tower) to be used for Collocation of small wireless facilities that does not exceed the
maximum height set forth in PMC 15.100.030100.050.
4) Construction of a communications facility, other than those set forth
above, involving the installation of coaxial, fiber optic or other cabling, that is installed
underground (direct, buried, or in conduit) or aboveground between two or more poles, or
a pole and a tower and/or support structure, and related equipment and appurtenances.
5) Joint location within or upon an existing communications facility within
the pre-approved, or previously approved facility location or target areas as defined by
this Chapter and meeting the design specifications provided herein.
B) Permit Required. No person shall place a facility described above in the public
right-of-way without first filing an application for same and obtain a permit therefor, except as
otherwise expressly provided in this Chapter.
C) Proprietary or Confidential Information of Applicant. The City shall make
accepted applications publicly available to the extent required by RCW 42.56 (Public Records
Act). Applicant shall designate portions of its application materials that it reasonably believes
contains proprietary or confidential information as “proprietary” or “confidential” by clearly
marking each portion of such materials accordingly. In the event of a public records request for
such marked materials, the City shall provide the applicant notice to seek Court protection of
such records pursuant to RCW 42.56.540.
D) Administrative Review Application Requirements. The application shall be made
by the applicable service provider or its duly authorized representative and shall contain the
following:
1) The applicant’s name, address, telephone number, and e-mail address
including emergency contact information for the applicant.
2) The names, addresses, telephone numbers, and e-mail addresses of all
consultants, if any, acting on behalf of the City with respect to the filing of the
application.
3) Specific location information including GIS coordinates for all facilities,
and a general description of the proposed work and the purposes and intent of the
proposed facility. The scope and detail of such description shall be appropriate to the
nature and character of the work to be performed, with special emphasis on those matters
likely to be affected or impacted by the work performed.
4) Detailed construction drawings regarding the proposed facility.
Page 59 of 110
Ordinance – Small Cell
Tower Deployment - 4
5) Conduit and/or ground-mounted equipment necessary for and intended for
use in the deployment shall also be specified regardless of whether the additional
facilities are to be constructed by the applicant or leased from an infrastructure provider.
6) To the extent the proposed facility involves Collocation on a pole, tower,
or support structure, a structural report performed by a duly licensed engineer evidencing
that the pole, tower, or support structure will structurally support the Collocation (or that
the pole, tower, or support structure will be modified to meet the structural requirements)
in accordance with applicable codes.
7) For any aboveground facilities, visual depictions or representations, if not
included in the construction drawings, and for new aboveground facilities before and
after photo simulations.
8) If a preapproved facility location capable of joint location exists within, or
within 300 feet of the specific location information identified in subsection 3) above, the
applicant shall determine whether space is available for the applicant’s small wireless
facility and provide demonstrated technical evidence justifying the applicant’s failure to
utilize such site.
E) Ordinary Maintenance and Replacement. An application shall not be required for
ordinary maintenance and replacement, other than to the extent required for such work within the
right-of-way, including but not limited to, street opening permit, right-of-way permit, electrical
permit, and street closure permit.
F) Information Updates. Any material change to information contained in an
application shall be submitted in writing to the City within thirty (30) days after the change
necessitating the amendment.
G) Applicable Fees and Rates. All applications required by this Chapter shall be
accompanied by the fees which shall include:
1) Application fee.
2) Make-ready fees and rates including annual right-of-way occupancy rate,
3) Annual attachment rate as defined under PMC 3.35.115 3.07.105.
15.100.030 ACTION ON ADMINISTRATIVE REVIEW APPLICATIONS.
A) Review of Small Wireless Facilities Applications for Administrative Review.
The rights granted under a Franchise are implemented through the issuance of Small Cell Permits
which, when in conformance with the applicable provisions of this Chapter, shall be issued on
nondiscriminatory terms and conditions. The Franchise application may be accompanied by one
or more applications for a Small Cell Permit to deploy small cells. An initial Franchise and all
Page 60 of 110
Ordinance – Small Cell
Tower Deployment - 5
related Small Cells Permit applications shall be processed concurrently as one Master Permit.
See RCW 35.99.010(3) for the definition of “Master Permit.”
1) The Director may approve Small Cell Permit application submitted in
compliance with this Chapter. The Director may approve batched applications of up to
twenty (20) sites specified in one Small Cell Permit application for processing. The
Director may approve up to ten (10) additional sites in order to consider small cell sites
within one logical service area in one application.
2) Issuance of a Small Cell Permit to install a small cell deployment shall be
contingent upon approval of a Franchise or the possession of a valid Franchise.
3) If more than one application for a Small Cell Permit is submitted by an
applicant, they shall be considered in the order received. If multiple applications are
submitted on the same date, the applicant shall indicate which application should be
considered first. All Small Cell Permits which are submitted in conjunction with a
Franchise application shall be considered as one Master Permit.
(a) PROVIDED, HOWEVER, that an applicant with an existing
Franchisee may, at the applicant’s sole discretion, elect to utilize the expedited
review process set forth in PMC 15.100.040(E).
(b) Any element of a deployment which qualifies as either an Eligible
Facilities Request or a Collocation shall be specifically designated by the
applicant and may be addressed separately by the Director in order to comply
with the shot clocks established by Federal law.
4) The Director may approve, deny, or conditionally approve all or any
portion of the sites proposed in the Small Cell Permit application.
5) Any application for a Franchise or Small Cell Permit which contains an
element which is not exempt from SEPA review shall comply with the mitigation
conditions of any applicable Mitigated Declaration of Nonsignificance (MDNS) or shall
simultaneously apply with the requirements of Chapter 43.21C RCW and PMC Title 23.
6) RF Certification. The applicant shall submit a sworn affidavit signed by
an RF Engineer with knowledge of the proposed project affirming that the small cell
deployment will be compliant with all FCC and other governmental regulations in
connection with human exposure to radio frequency emissions for every frequency at
which the small cell facility will operate. If facilities necessary to the Small Cell
Deployment are to be provided by another Franchisee, then the Small Cell Deployment
are to be provided by another Franchises, then the Small Cell Deployment in the initial
Franchise or in a subsequent Small Cell Permit shall be conditioned on an RF
Certification showing the cumulative impact of the RF emissions on the entire
installation.
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Ordinance – Small Cell
Tower Deployment - 6
7) Regulatory Authorization. Issuance of the Use Permit for the facilities
shall also be contingent upon the applicant’s provision of proof of FCC and other
regulatory approvals required to provide the service(s) or utilize the technologies sought
to be installed.
15.100.040 REVIEW PROCESS. The following provisions relate to applications for
a Franchise and/or Small Cell Permit for small cell deployments:
A) Timing for Review.
1) Application. The Director shall within ten (10) days of receiving an
application determine and notify the applicant whether the application is complete; or if
an application is incomplete, the City must specifically identify the missing information,
and may toll the approval as provided below. The applicant may resubmit the completed
application within twenty (20) days without additional charge, and the subsequent review
will be limited to the specifically identified missing information subsequently completed,
except to the extent material changes to the proposed facility have been made by the
applicant (other than those requested or required by the City). In which case, a new
application and application fee must be submitted.
2) Completion for Review. Within sixty (60) days of the date of
determination of the completed application, the Director shall approve, approve with
modifications, or deny an application for a Collocation, and ninety (90) days for an
application for a new communications facility structure.
3) Tolling. Other than tolling the time for review resulting from an
incomplete application, review may only be tolled by mutual agreement between the
applicant and the City.
4) The Director must advise the applicant in writing of its final decision, and
in the final decision document the basis for a denial, including specific code provisions
and/or regulations on which the denial was based. The decision to deny the application
shall be in writing and supported by substantial evidence contained in a written record,
publicly released, and sent to the applicant. The written decision, supported by such
substantial evidence, shall constitute final action by the City. The review period or “shot
clock” shall run until the written decision, supported by substantial evidence, is released
and sent to the applicant contemporaneously. The applicant may cure the deficiencies
identified by the Director and resubmit the application within thirty (30) days of the
denial without paying an additional application fee unless denial was issued due to
noncompliance with design guidelines or other requirements under this Chapter (in which
case, a new application fee must be paid). The Director shall approve or deny the revised
application within thirty (30) days of receipt of the revised application. The subsequent
review by the Director shall be limited to the deficiency cited in the original denial and
any material changes to the application made to cure any identified deficiencies.
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Ordinance – Small Cell
Tower Deployment - 7
5) If the Director fails to act on an application within the review period
provided in subsection 6) 2) above, the applicant shall immediately provide the Director
written notice that the time period for acting has lapsed, and the Director then has twenty
(20) days after receipt of such notice when within which to render it’s a written decision.
Iif the Director fails to do so, the application is then deemed approved by passage of time
and operation of law. The applicant shall provide notice to the Director at least seven (7)
days prior to beginning construction or Collocation pursuant to a permit issued to a
deemed approved application, and such notice shall not be construed as an additional
opportunity for objection by the Director or other entity to the deployment.
6) Any party with standing aggrieved by decision of the Director, may appeal
the decision pursuant to PMC Chapter 2.5019.
B) Review of Facilities.
1) Review of the site locations proposed by the applicant shall be governed
by the provisions of this Chapter, State law, and Federal statutes and regulations, as well
as applicable case law. Applicants for Franchises and the Small Cell Permits (Master
Permits) which implement the Franchise shall be treated in a competitively neutral and
non-discriminatory manner with other service providers utilizing supporting
infrastructure which is functionally equivalent, that is, service providers whose facilities
are similarly situated in terms of structure, placement or cumulative impacts. Franchise
and Small Cell Permit review under this Chapter shall neither prohibit nor have the effect
of prohibiting the ability of an applicant to provide telecommunications services.
2) Review of eligible facilities requests. Notwithstanding any of the
provisions of this Chapter, the City shall approve within sixty (60) days of the
determination of a completed application and may not deny applications for eligible
facilities requests according to the procedures established under 47 CFR 1.40001(c).
C) Underground Utility Requirements. Compliance with nondiscriminatory
undergrounding requirements that prohibit electric, telecommunications, and cable providers
from installation a of vertical or pole structures in the public right-of-way without prior
discretionary review and approval in areas zoned for single-family residential and downtown
commercial shall be required, provided, however, such requirement shall not prohibit the
replacement of existing structures. Horizontal runs shall be placed underground in all areas
where electric, telecommunications, and cable lines are underground, unless otherwise approved
by the Director, or designee, in connection with temporary installations. The above requirements
are supplementary to those requirements for undergrounding as provided in Chapter 15.70.
D) Sufficient Available Right-of-Way. The City shall have the power to establish
reasonable limitations on the placement of new or additional facilities within specific congested
segments of the public right-of-way if there is insufficient space to accommodate all of the
requests of applicants to safely and efficiently occupy the right-of-way. The City shall strive to
the extent possible to accommodate all existing users and potential users of the public right-of-
way, but shall be guided primarily by considerations of the public interest, the public’s need for
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Ordinance – Small Cell
Tower Deployment - 8
the particular utility or other service, the width and physical condition of the public right-of-way,
the time of year with respect to essential utilities, the protection of existing facilities in the public
right-of-way, and future plans for public improvements (including right-of-way widening), and
development projects which have been determined to be in the public’s interest.
E) Expedited Review. An applicant that has an existing Franchise, or a pending
Franchise application electing to seek expedited review for the location of one or more small
wireless facilities on a previously approved communications facility having the capacity to house
joint location of multiple wireless providers meeting the development standards provided in
PMC 15.100.050 and PMC 15.100.060, and provided the RF certification and the regulatory
authorization as required by PMC 15.100.030(6) and PMC 15.100.030(7) shall be granted a
small cell permit within thirty (30) days of a completed application and proof of compliance with
the requirements above.
15.100.050 DEVELOPMENT STANDARDS – SMALL WIRELESS FACILITIES.
A) Maximum Size of Permitted Use. Small wireless facilities and new, modified, or
replacement poles, towers, and support structures (subject to the further limitation for
replacement of support structure as defined in PMC 15.10.025(AD)) to be used for Collocation
of small wireless facilities may be placed in the public right-of-way as a permitted use in
accordance with Section 15.100.020 subject to the following requirements:
1) Each new, modified, or replaced pole, tower, or support structure installed
in the public right-of-way shall not:
(a) Exceed five (5) feet above the tallest existing pole, tower, or
support structure (not exceeding fifty (50) feet) as of the effective date of this
Chapter, and located within five hundred (500) feet of the new proposed pole,
support structure.
(b) Exceed ten (10) feet on any utility distribution pole where required
by the electrical utility separation requirements; or
(c) Exceed fifty (50) feet above ground level, whichever is greater.
(d) Be no closer than three hundred (300) feet from an existing
communications facility within any residential zone, target area, or location
where, due to the nature and character of the neighborhood, such saturation would
be incompatible with nearby land uses; impact traffic safety, and other uses of the
right-of-way; and be not unreasonably burdensome to the applicant..
B) Minor Deviations.
1) The Director may authorize minor deviations in the Small Cell Permit
from the dimensional design and concealment technologies referenced in the Franchise or
design standard.
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Ordinance – Small Cell
Tower Deployment - 9
2) A deviation in height of the pole up to ten (10) feet above the height of the
existing pole, by the Franchise may be permitted.
3) Deviations in the dimensions or volume of small cell facilities which do
not exceed the cumulative total provided by the definition of a small cell facility in RCW
80.36.375 may be considered a minor deviation when an applicant replaces components
of an existing, approved small cell facility. Similarly, the addition of antennae on a pole,
not to exceed a cumulative total of six (6) cubic feet shall be considered a minor
deviation. Provided, however, that in each instance the new or revised facilities shall not
defeat the concealment features set by the City’s generally applicable pole design
standard adopted pursuant to the Franchise.
4) Small Cell Permits to install facilities seeking approval of minor
deviations shall be processed within ninety (90) days of receipt of a complete application
and or final approval of a Franchise, whichever occurs last.
5) The decision of the Director to approve a Small Cell Permit with a minor
deviation, if any, shall be final.
C) Significant Deviations. Any request for significant deviations from the approved
small cell facilities design designated in the Franchise, Small Cell Permit or City’s design
standards shall be considered under the provisions of PMC 25.20086 “Special Permits”, and if
applicable, pursuant to the timeliness timelines established by Chapter 15.100. An applicant
seeking approval of a new pole or a replacement pole in a restricted zone or undergrounded
areas, shall be subject to the same review process pursuant to Chapter 25.20086 PMC.
D) Subject to the City’s rights to additional ducts or conduits provided by RCW
35.99.070, leasing of excess space in ducts, conduits, and on a pole is a matter between
interested parties (subject to any applicable pole attachment regulations and any other applicable
statutory, regulatory or contractual obligations); however, lessees of such physical facilities must
still comply with the terms of this Chapter, unless otherwise expressly exempted by the City.
E) Discretionary Review Requirements. Unless an applicant seeks to install a
communication facility that conforms to the specific uses, size, height, and separation limitations
as set forth above, or involves ordinary maintenance, repairs and replacement, the application
shall be subject to the provisions of PMC 25.20086 “Special Permits”, and subject to the City’s
design standards and regulations applicable to the construction or placement of such facilities.
F) Additional Right-of-Way Franchise Standards. In addition to the standards
provided in this Chapter, any permit issued under this Chapter shall be subject to the
requirements of PMC 15.70.
G) Limitations on Location. No small wireless facility may be located upon any
traffic control device, traffic signal poles, poles supporting traffic or pedestrian flashers, beacons
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Ordinance – Small Cell
Tower Deployment - 10
or signs, or any wireless facility which would impede the visibility of a traffic control device or
create a hazard to other users of the right-of-way.
15.100.060 DESIGN STANDARDS – SMALL WIRELESS FACILITIES. In
addition to those standards defined by PMC 15.10.025(AG) and PMC 15.100.050, small wireless
facility structures, communications facilities and wireless facilities shall conform to the design
standards for small cell tower deployment adopted by the City and incorporated herein by this
reference as Exhibit A.
15.100.070 TARGET AREAS: The following areas are designated as “target areas”
where the City has identified the areas having historic value, expended significant public
investment to promote development, requiring the placement of all utilities underground and
developed in aesthetic design, or where adding new structures in the right-of-way can present
significant risk to vehicle, safety and pedestrian access requiring a consistent aesthetic structure.
The target areas are designated as follows:
A) Downtown Target Area: including that area west of the west side of Tacoma
Street; east of the west side of 10th Avenue; north of the south side of Columbia Street and south
of the south side of Bonneville Street;
B) Court Street/Sylvester Streets Target Area: including from west of the west side
of 1st Avenue and to east of the west side of Road 40;
C) 20th Avenue Target Area: including both sides of Pearl Street and north of Lewis
Street and also south of Lewis Street and north of “A” Street;
D) 3rd Avenue Target Area: including both sides from south of the roundabout and to
the north of Columbia Street;
E) 4th Avenue Target Area: including both sides from south of the SR 12 Overpass
and to the north of “A” Street;
F) Lewis Street Target Area: Including both sides from west of 20th Avenue and to
east of the US 395 off-ramp; and
G) The I-182 Corridor Target Area: As defined in PMC 25.130.020.
15.100.080 GRANT OF PERMIT.
A) Authority Granted - - No Property Right or Other Interest Created. A permit from
the City authorizes an applicant to undertake only certain activities in accordance with this
Chapter, and does not create a public right or grant authority to the applicant to impinge on the
rights of others who may already have an interest in the public right-of-way.
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Ordinance – Small Cell
Tower Deployment - 11
B) Duration. No permit for construction issued under this Chapter shall be valid for
a period longer than twelve (12) months unless construction has been commenced within twelve
(12) months of issuance of the permit, and is thereafter diligently pursued to completion.
C) No Master Permit, Franchise, or Small Cell Permit may be assigned, transferred,
sublet or licensed for the use of any other entity without the prior written consent of the City
which will not be unreasonably denied, conditioned, or withheld subject to those transfers as may
be permitted by PMC 15.70.320.
15.100.090 EXCEPTIONS. Notwithstanding anything to the contrary in this Chapter,
the following facilities are not subject to the provisions of this Chapter:
A) Antennas used by residential households solely for broadcast radio and television
receptions.
B) Satellite antennas used solely for residential or household purposes.
C) Television and AM/FM radio broadcast towers and associated facilities.
15.100.100 VIOLATIONS OF THIS CHAPTER. Violations of this Chapter shall
constitute a Class 1 civil infraction which each day of violation constituting a separate offense.
In addition to the remedy provided herein, the City may seek all remedies available in law or
equity including injunctive relief and damages, including reasonable attorney fees and costs.
Section 2. 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 _______________, 2019.
_____________________________
Matt Watkins, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ ____________________________________
Debra Barham,Angela Pashon, Interim City Clerk Kerr Ferguson Law
PLLC, City Attorney
Page 67 of 110
Ordinance – Small Cell
Tower Deployment Outside
the Public Right-of-Way - 1
ORDINANCE NO. ____________
AN ORDINANCE of the City of Pasco, Washington,
Amending Ordinance No. 4416; and Amending PMC Chapter
15.110 “Small Cell Tower Deployment Outside the Public
Right-of-Way”
WHEREAS, the City having adopted Ordinance No. 4416 to facilitate the
implementation of broadband services within the City; and
WHEREAS, the enactment of Ordinance No. 4416 was done in haste to meet the Federal
Communications Declaratory Ruling and Order effective on January 14, 2019; and
WHEREAS, since its adoption, corrections and other minor changes have been
identified to clarify the application of this Ordinance. NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. That Chapter 15.110 entitled “Small Cell Tower Deployment Outside the
Public Right-of-Way” of the Pasco Municipal Code shall be amended and shall read as follows:
Chapter 15.110
SMALL CELL TOWER DEPLOYMENT OUTSIDE THE PUBLIC RIGHT-OFWAY
Sections:
15.110.010 Purpose and Goal.
15.110.020 Permitted Communication Facility – Administrative Review.
15.110.030 Action on Administrative Review Applications.
15.110.040 Review Process.
15.110.050 Development Standards – Small Wireless Facilities.
15.110.060 Design Standards – Small Wireless Facilities.
15.110.070 Temporary and Emergency Installations.
15.110.080 “Dig Once” Requirements.
15.110.090 Duration.
15.110.100 Exceptions
15.110.110 Violations of this Chapter.
15.110.010 PURPOSE AND GOAL.
A) The purpose of this Chapter is to provide a process for permitting the deployment
of small cell and microcell technology within the City of Pasco upon that property and structures
that are not located within the public right-of-way by:
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the Public Right-of-Way - 2
1) Providing a permitting system for service providers to acquire a permit to
deploy small cell technology upon private properties and structures.
2) Establish design standards for facilities for independent, Collocation, and
joint location upon private properties and structures.
3) Establish development standards to provide compatibility for the
surrounding uses.
4) Provide for an expedited process of review and permitting.
15.110.020 PERMITTED COMMUNICATIONS FACILITY – ADMINISTRATIVE
REVIEW.
A) Permit Required. No person shall place a communications facility or small
wireless facility, or perform any construction activities without first filing an application for and
obtaining a small cell permit.
B) Permitted Use. The following uses outside the public right-of-way , on privately-
owned property (including within any utility easement, to the extent expressly set forth below),
shall be a permitted use, subject to administrative review only and issuance of a permit, and
subject to applicant’s legal right to install and operate the communications facility on the
property or structure:
1) Collocation of a small wireless facility or a Collocation that qualifies as an
eligible facilities request on privately-owned property including, without limitation,
within a utility easement, consistent with the height and other limitations set forth in
PMC 15.100.050.
2) Modification of a pole, tower or support structure, or replacement of a
pole or tower, for Collocation of a communications facility on privately-owned property
(including within a utility easement that contains other existing poles) that qualifies as an
eligible facilities request or involves a small wireless facility that does not exceed the
limitations set forth in PMC 15.100.050. All other such modifications or replacements
are subject to the provisions of PMC 25.20086 “Special Permits”, and subject to the
City’s design standards and regulations applicable to the construction or placement of
such facilities.
3) Construction of a new pole (or monopole tower), within a utility easement
on which there currently exist adjacent poles that are unavailable for joint or Collocation
due to structural, accessibility or other reasons, to be used for joint or Collocation of a
small wireless facility (that does not exceed the maximum height set forth in PMC
15.100.050), and the new pole (or monopole tower) is similar in design, size and scale to
those of the existing, adjacent poles.
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4) Construction of a communications facility, other than those set forth above
in this section, involving the installation of coaxial, fiber-optic or other cabling, that is
installed underground (direct buried or in conduit) or, aboveground between two or more
polies or a pole and a tower and/or support structure, and related equipment and
appurtenances.
5) All other types of communications facility under PMC Title 15, for which
installation is permitted with administrative review alone.
6) Joint location of the facilityfacilities within, or upon an existing
communications facility within the pre-approved, or previously approved facility
location, and meeting the design specifications provided herein.
C) Proprietary or Confidential Information of Applicant. The City shall make
accepted applications publicly available to the extent required by RCW 42.56 (Public Records
Act). City Applicant shall designate portions of its application materials that it reasonably
believes contains proprietary or confidential information as “proprietary” or “confidential” by
clearly marking each portion of such materials accordingly. In the event of a public records
request for such marked materials, the City shall provide the applicant notice to seek Court
protection of such records pursuant to RCW 42.56.540.
D) Administrative Review Application Requirements. The application shall be made
by the applicable service provider or its duly authorized representative and shall contain the
following:
1) The applicant’s name, address, telephone number, and e-mail address
including emergency contact information for the applicant.
2) The names, addresses, telephone numbers, and e-mail addresses of all
consultants, if any, acting on behalf of the City Applicant with respect to the filing of the
application.
3) Specific location information including GIS coordinates for all facilities,
and a general description of the proposed work and the purposes and intent of the
proposed facility. The scope and detail of such description shall be appropriate to the
nature and character of the work to be performed, with special emphasis on those matters
likely to be affected or impacted by the work performed.
4) Detailed construction drawings regarding the proposed facility.
5) Conduit and/or ground-mounted equipment necessary for and intended for
use in the deployment shall also be specified regardless of whether the additional
facilities are to be constructed by the applicant or leased from an infrastructure provider.
Page 70 of 110
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6) To the extent the proposed facility involves Collocation on a pole, tower,
or support structure, a structural report performed by a duly licensed engineer evidencing
that the pole, tower, or support structure will structurally support the Collocation (or that
the pole, tower, or support structure will be modified to meet the structural requirements)
in accordance with applicable codes.
7) For any aboveground facilities, visual depictions or representations, if not
included in the construction drawings, and for new aboveground facilities before and
after photo simulations.
8) If a preapproved facility for joint location exists within, or within 300 feet
of the specific location information identified in subsection 3) above, whether space is
available for the applicant’s small wireless facility and demonstrated technical evidence
justifying the applicant’s failure to utilize such site.
E) Ordinary Maintenance and Replacement. An application shall not be required for
ordinary maintenance, repair, and replacement, other than to the extent required for applicable
permits required under this Code.
F) Information Updates. Any material change to information contained in an
application shall be submitted in writing to the City within thirty (30) days after the change
necessitating the amendment.
G) Applicable Fees. Unless otherwise provided by applicable laws, all applications
for a facility shall be accompanied by the fees as provided in PMC 3.3507.105.
15.110.030 ACTION ON ADMINISTRATIVE REVIEW APPLICATIONS.
A) Review of Applications for Administrative Review. The City shall review the
application in light of its conformity with the applicable provisions of this Chapter, and shall
issue a permit on nondiscriminatory terms and conditions subject to the following review:
1) The Director may approve Small Cell Permit application submitted in
compliance with this Chapter. The Director may approve batched applications of up to
twenty (20) sites specified in one Small Cell Permit application for processing. The
Director may approve up to ten (10) additional sites in order to consider small cell sites
within one logical service area in one application.
2) If more than one application for a Small Cell Permit is submitted by an
applicant, they shall be considered in the order received. If multiple applications are
submitted on the same date, the applicant shall indicate which application should be
considered first. Any element of a deployment which qualifies as either an Eligible
Facilities Request or a Collocation shall be specifically designated by the applicant and
may be addressed separately by the Director in order to comply with the shot clocks
established by Federal law.
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3) The Director may approve, deny, or conditionally approve all or any
portion of the sites proposed in the Small Cell Permit application.
4) Any application for a Small Cell Permit which contains an element which
is not exempt from SEPA review shall comply with the mitigation conditions of any
applicable Mitigated Declaration of Nonsignificance (MDNS) or shall simultaneously
apply with the requirements of Chapter 43.21C RCW and PMC Title 23.
5) RF Certification. The applicant shall submit a sworn affidavit signed by
an RF Engineer with knowledge of the proposed project affirming that the small cell
deployment will be compliant with all FCC and other governmental regulations in
connection with human exposure to radio frequency emissions for every frequency at
which the small cell facility will operate. If facilities necessary to the Small Cell
Deployment are to be provided by another Franchisee, then the Small Cell Deployment
are to be provided by another Franchises, then the Small Cell Deployment in the initial
Franchise or in a subsequent Small Cell Permit shall be conditioned on an RF
Certification showing the cumulative impact of the RF emissions on the entire
installation.
6) Regulatory Authorization. Issuance of the Use Permit for the facilities
shall also be contingent upon the applicant’s provision of proof of FCC and other
regulatory approvals required to provide the service(s) or utilize the technologies sought
to be installed.
15.110.040 REVIEW PROCESS. The following provisions relate to applications for
a Small Cell Permit for non-public right-of-way location:
A) Timing for Review.
1) Application. The Director shall within ten (10) days of receiving an
application determine and notify the applicant whether the application is complete; or if
an application is incomplete, the City must specifically identify the missing information,
and may toll the approval as provided below. The applicant may resubmit the completed
application within twenty (20) days without additional charge, and the subsequent review
will be limited to the specifically identified missing information subsequently completed,
except to the extent material changes to the proposed facility have been made by the
applicant (other than those requested or required by the City). In which case, a new
application and application fee must be submitted.
2) Completion for Review. Within sixty (60) days of the date of
determination of the completed application, the Director shall approve, approve with
modifications, or deny an application for joint or Collocation, and ninety (90) days for an
application for a new communications facility structure.
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the Public Right-of-Way - 6
3) Tolling. Other than tolling the time for review resulting from an
incomplete application, review may only be tolled by mutual agreement between the
applicant and the City.
4) The Director must advise the applicant in writing of its final decision, and
in the final decision document the basis for a denial, including specific code provisions
and/or regulations on which the denial was based. The decision to deny the application
shall be in writing and supported by substantial evidence contained in a written record,
publicly released, and sent to the applicant. The written decision, supported by such
substantial evidence, shall constitute final action by the City. The review period or “shot
clock” shall run until the written decision, supported by substantial evidence, is released
and sent to the applicant contemporaneously. The applicant may cure the deficiencies
identified by the Director and resubmit the application within thirty (30) days of the
denial without paying an additional application fee unless denial was issued due to
noncompliance with design guidelines or other requirements under this Chapter (in which
case, a new application fee must be paid). The Director shall approve or deny the revised
application within thirty (30) days of receipt of the revised application. The subsequent
review by the Director shall be limited to the deficiency cited in the original denial and
any material changes to the application made to cure any identified deficiencies.
5) If the Director fails to act on an application within the review period
provided in subsection 4) above, the applicant shall immediately provide the Director
written notice that the time period for acting has lapsed, and the Director then has twenty
(20) days after receipt of such notice when within which to render it’s a written decision.
If the Director fails to do so, the application is then deemed approved by passage of time
and operation of law. The applicant shall provide notice to the Director at least seven (7)
days prior to beginning construction or Collocation pursuant to a permit issued to a
deemed approved application, and such notice shall not be construed as an additional
opportunity for objection by the Director or other entity to the deployment.
6) Any party with standing aggrieved by decision of the Director, may appeal
the decision pursuant to PMC Chapter 2.25019.
B) Review of Facilities.
1) Review of the site locations proposed by the applicant shall be governed
by the provisions of this Chapter, State law, and Federal statutes and regulations, as well
as applicable case law. Applicants for Small Cell Permits shall be treated in a
competitively neutral and non-discriminatory manner with other service providers
utilizing supporting infrastructure which is functionally equivalent, that is, service
providers whose facilities are similarly situated in terms of structure, placement or
cumulative impacts. Small Cell Permit review under this Chapter shall neither prohibit
nor have the effect of prohibiting the ability of an applicant to provide
telecommunications services.
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Tower Deployment Outside
the Public Right-of-Way - 7
2) Review of eligible facilities requests. Notwithstanding any of the
provisions of this Chapter, the City shall approve within sixty (60) days of the
determination of a completed application and may not deny applications for eligible
facilities requests according to the procedures established under 47 CFR 1.40001(c).
C) Underground Utility Requirements. Compliance with nondiscriminatory
undergrounding requirements that prohibit electric, telecommunications, and cable providers
from installation a of vertical or pole structures in the public right-of-way without prior
discretionary review and approval in areas zoned for single-family residential and downtown
commercial, provided, however, such requirement shall not prohibit the replacement of existing
structures. Horizontal runs shall be placed underground in all areas where electric,
telecommunications, and cable lines are underground, unless otherwise approved by the Director,
or designee, in connection with temporary installations. The above requirements are
supplementary to those requirements for undergrounding as provided in Chapter 15.70.
D) Expedited Review. An applicant that has an existing Franchise, or a pending
Franchise application electing to seek expedited review for the location of one or more small
wireless facility on a previously approved communications facility having the joint location
capacity to house multiple wireless providers meeting the development standards provided in
PMC 15.100.050 and PMC 15.100.060, and provided the RF certification and the regulatory
authorization as required by PMC 15.100.030(6) and PMC 15.100.030(7) shall be granted a
small cell permit within thirty (30) days of a completed application and proof of compliance with
the requirements above.
15.110.050 DEVELOPMENT STANDARDS – SMALL WIRELESS FACILITIES.
A) Maximum Size of Permitted Use. Small wireless facilities and new, modified, or
replacement poles, towers, and support structures (subject to the further limitation for
replacement of support structures as defined in PMC 15.10.025(AD)) to be used for Collocation
of small wireless facilities may be placed upon private properties or structures as a permitted use
in accordance with Section 15.110.020 subject to the following requirements:
1) Each new, modified, or replaced pole, tower, or support structure installed
shall not:
(a) Exceed five (5) feet above the tallest existing structure, pole,
tower, or support structure (not exceeding fifty (50) feet) as of the effective date
of this Chapter, and located within five hundred (500) feet of the new proposed
pole, support structure.
(b) Exceed ten (10) feet aboveon any utility distribution pole where
required by the electrical utility separation requirements.
(c) Exceed the maximum height limitation as permitted in the zone, or
zones, on which the facility is to be located.
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the Public Right-of-Way - 8
(d) Be no closer than three hundred (300) feet from an existing
communications facility within any residential zone, target area, or location
where, due to the nature and character of the neighborhood, such saturation would
be incompatible with nearby land uses; impact traffic safety and other uses of the
right-of-way; and not be unreasonably burdensome to the applicant.
B) Minor Deviations.
1) The Director may authorize minor deviations in the Small Cell Permit
from the dimensional design and concealment technologies referenced in the Franchise or
design standard.
2) A deviation in height of the pole up to ten (10) above the height of the
existing pole may be permitted.
3) Deviations in the dimensions or volume of small cell facilities which do
not exceed the cumulative total provided by the definition of a small cell facility in RCW
80.36.375 may be considered a minor deviation when an applicant replaces components
of an existing, approved small cell facility. Similarly, the addition of antennae on a pole,
not to exceed a cumulative total of six (6) cubic feet shall be considered a minor
deviation. Provided, however, that in each instance the new or revised facilities shall not
defeat the concealment features set by the City’s generally applicable pole design
standards.
4) Small Cell Permits seeking to install facilities with the approval of minor
deviations shall be processed within ninety (90) days of receipt of a complete application
and or final approval of a permit, whichever occurs last.
5) The decision of the Director to approve a Small Cell Permit with a minor
deviation, if any, shall be final.
C) Significant Deviations. Any request for significant deviations from the approved
small cell facilities design, Small Cell Permit or City’s design standards shall be considered
under the provisions of PMC 25.86 “Special Permits”, and if applicable, pursuant to the
timelinesstimelines established by Chapter 15.100. An applicant seeking approval of a new pole
or a replacement pole in a restricted zone Target Area or undergrounded areas, shall be subject to
the same review process pursuant to Chapter 25.20086 PMC.
D) Subject to the City’s rights to additional ducts or conduits provided by RCW
35.99.070, leasing of excess space in ducts, conduits, and on a pole is a matter between
interested parties (subject to any applicable pole attachment regulations and any other applicable
statutory, regulatory or contractual obligations); however, lessees of such physical facilities must
still comply with the terms of this Chapter, unless otherwise expressly exempted by the City.
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E) Discretionary Review Requirements. Unless an applicant seeks to install a
communication facility that conforms to the specific uses, size, height, and separation limitations
as set forth above, or involves ordinary maintenance, repairs and replacement, the application
shall be subject to the provisions of PMC 25.20086 “Special Permits”, and subject to the City’s
design standards and regulations applicable to the construction or placement of such facilities.
F) Site Development Requirements. The site, consistent with the zoning
requirements of the district in which the facility shall be located, shall include:
1) Default setbacks.
(a) Ground-mounted equipment for wireless facilities, including any
buildings, cabins or shelters, shall be used only to house equipment and other
supplies in support of the operation of the wireless facility or tower. Any
equipment not used in direct support of such operation shall not be stored on the
site.
(b) Ground-mounted equipment for wireless facilities must conform to
the setback standards of the applicable zone. In the situation of stacked
equipment buildings, additional screening/landscaping measures may be required
by the City
2) Lighting and marking.
(a) Towers shall not be lighted or marked unless required by, and
compatible with requirements of, the Federal Communications Commission
(FCC) or the Federal Aviation Administration (FAA).
(b) In all districts, appropriate security lighting meeting generally
applicable standards for security lighting for the district shall be permitted.
3) Fencing/landscaping/signage.
(a) Fencing.
(1) Towers shall be secured and enclosed within a fence not
less than six (6) feet in height or as permitted within the zoning
designation for the site.
(2) The City may waive the requirements of subsection (1)
above if it is deemed that a fence is not appropriate or needed at the
proposed location.
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(3) For locations where decorative fencing is otherwise
required, the City may allow chain link fence if decorative fence poses a
risk for security or vandalism.
(4) For towers located within a floodplain where the ground
equipment will be elevated on platforms, the City may waive any
decorative fencing requirements in favor of chain link.
(b) Landscaping. In all zoning districts, the City shall have the
authority to impose reasonable landscaping requirements surrounding any ground-
moundedmounted equipment. Required landscaping shall be consistent with
surrounding vegetation and shall be maintained by the facility owner. The City
may choose to not require landscaping for sites that are not visible from the public
right-of-way or adjacent property or in instances where in the judgment of the
City, landscaping is not appropriate or necessary.
(c) Signage. Signs located upon or about the wireless facility shall be
limited to ownership and contact information, FCC antenna registration number
(if required), and any other information as required by government regulation.
Commercial advertising is strictly prohibited.
(d) Other decision factors.
(1) Collocation analysis.
(2) Alternative site analysis.
15.110.060 DESIGN STANDARDS – SMALL WIRELESS FACILITIES. In
addition to those standards defined by PMC 15.10.025(AG) and PMC 15.100.050, small wireless
facility structures, communications facilities and wireless facilities shall conform to the design
standards for small cell tower deployment adopted by the City and incorporated here by this
reference as Exhibit A.
15.110.070 TEMPORARY AND EMERGENCY INSTALLATIONS.
A) A deployable may be operated for a period of not more than one hundred twenty
(120 days), when operated in connection with a special event after issuance by the City of a
permit based upon a discretionary review only. Deployables operated in conjunction with a
special event shall meet reasonable setbacks determined by the Director; shall be subject to
receipt of a valid building permit, if applicable; shall meet uniform fire code requirements; and
shall be removed within 72 hours of completion of the event.
B) Deployables may be operated in any zoning district after a declaration of an
emergency or a disaster by an authority executive.
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15.110.080 “DIG ONCE” REQUIREMENTS. Requirements for New Developments.
A) For all new commercial, residential, mixed use and other significant planned
developments within the City, the Community Development Department and the Public Works
Department may require that the project developer make sufficient accommodation for the
deployment of a small wireless facility within the development as a condition of permitting, and
coordinate with providers who operate, or have applied for, facilities in the City either through
the Community Development and the Public Works Departments or ensure the public right-of-
way and any planned utility easements are adequate to accommodate the deployment of both
aboveground and underground communications facilities. Specifically, planned utility
easements should allow for an adequate number of huts, utility poles and other structures, as well
as below-ground conduit, to adequately serve current and anticipated communications facilities.
Access to easements should be provided to providers on a nondiscriminatory basis and at a
reasonable cost, or pursuant to applicable laws.
B) For instances where a project developer chooses to install conduit for below-
ground communications facilities, the developer should be encouraged or required to provide, on
a nondiscriminatory basis and reasonable cost access to the planned utility easement areas. In
addition, access to easements and trenches should be made available to providers as early in the
development cycle as possible to minimize installation costs and disruption to residents,
businesses, institutions and governments, and their property. The project developer should be
encouraged to promote coordination among providers and other utilities so that each can benefit
from the other’s construction activities to allow timely and efficient access.
C) The City may request additional conduits and ducts to accommodate future
development as provided by RCW 35.99.070.
15.110.090 DURATION. No permit for construction issued under this Chapter shall
be valid for a period longer than twelve (12) months unless construction has been commenced
within twelve (12) months of issuance of the permit, and is thereafter diligently pursued to
completion.
15.110.100 EXCEPTIONS. Notwithstanding anything to the contrary in this Chapter,
the following facilities are not subject to the provisions of this Chapter:
A) Antennas used by residential households solely for broadcast radio and television
receptions.
B) Satellite antennas used solely for residential or household purposes.
C) Television and AM/FM radio broadcast towers and associated facilities.
15.110.110 VIOLATIONS OF THIS CHAPTER. Violations of this Chapter shall
constitute a Class 1 civil infraction which each day of violation constituting a separate offense.
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In addition to the remedy provided herein, the City may seek all remedies available in law or
equity including injunctive relief and damages, including reasonable attorney fees and costs.
Section 2. 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 _______________, 2019.
_____________________________
Matt Watkins, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ ____________________________________
Debra Barham, City Clerk Kerr Ferguson Law, PLLC, City Attorney
Page 79 of 110
AGENDA REPORT
FOR: City Council October 8, 2019
TO: Dave Zabell, City Manager
Workshop Meeting: 10/14/19
FROM: Dan Ford, City Engineer
Public Works
SUBJECT: Northwest Area Sewer LID
I. REFERENCE(S):
Project Schedule
Presentation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
Utility Local Improvement District (ULID) – Phase 1
IV. HISTORY AND FACTS BRIEF:
The Northwest Area of Pasco has unprecedented potential for development with as
much as 4,600 acres to consider. The City has been working with property owners and
developers in the area to create preliminary plans for providing infrastructure to this
area. The proposed Urban Growth Area (UGA) expansion contemplates significant
growth to occur to the North and West in Pasco, provision of sanitary sewer in this area
lessens urban sprawl by allowing for more efficient use of land, which in turn will
better support contemplated commercial development within the Broadmoor corridor,
and is consistent with the Growth Management Act, adopted Council goals and the
Comprehensive Land Use Plan.
The ability to serve this area with sanitary sewer took a huge leap forw ard with the
completion of the Harris Road Sewer Transmission Main Project. This vital connection
to the existing sanitary sewer system will allow the development in this area to occur at
a density considerate of the City's overall planning and land use ob jectives, it is also
consistent with the requirements of the Growth Management Act, and City Council
Goals.
Page 80 of 110
Tonight's presentation is intended to be an update on the Northwest Trunk Sewer ULID
Project.
V. DISCUSSION:
This Utility Local Improvement District (ULID) will construct a trunk sewer from the
Harris Road Trunk Sewer to the North to Deseret Road, with a secondary sewer line
from this North-South trunk line to Road 100.
Phase 1 has the potential to serve approximately 990 acres of land currently within the
city limits, with the ability for future extension into the future urban growth area.
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Broadmoor Area Sewer LID
Preliminary Project Schedule
October 10, 2019
INITIAL PLANNING
Finalize LID boundary................................................................................November 15, 2019
Update the preliminary sewer layout..........................................................November 15, 2019
Confirm City’s level of financial participation..............................................November 22, 2019
Prepare the Preliminary Assessment Roll for information only..................November 22, 2019
Meet with property owners to discuss project and costs............................November 29, 2019
Finalize the Preliminary Assessment Roll....................................................December 2, 2019
PRELIMINARY ASSESSMENT ROLL
Council Workshop Study Session
Present project scope, costs, and LID formation to Council.............December 9, 2019
Adopt resolution declaring intention to form LID and setting date for public hearing
Publish council meeting notice per standard City procedures
Adopt at regular business meeting.................................................December 16, 2019
Mail Notice of Hearing to property owners
Private owners – 15 days (controls schedule) .....................................January 6, 2020
State-owned property – 30 days (N/A)
Publish resolution-declaring intention to form LID
Submit by 10 am on prior Thursday.....................................................January 6, 2020
Two consecutive issues of official newspaper
First publication 15 days prior to hearing...........................................January 13, 2020
Second publication (consecutive days?)............................................January 19, 2020
Second publication (consecutive legal sections?)..............................January 25, 2019
Conduct hearing on formation of LID .............................................................February 3, 2020
Pass (adopt) ordinance creating LID
Can be done at same meeting as hearing..........................................February 3, 2020
Publish ordinance-creating LID......................................................................February 8, 2020
Publish ordinance per standard City procedures
File notice of formation of LID with County
Required since LID contains farm and ag land.................................February 11, 2020
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Send LID information to City Treasurer
Within 15 days of adopting ordinance ..............................................February 11, 2020
County Assessor mails notice of formation of LID to owners of farm and ag land
Required in addition to City notice....................................................February 14, 2020
Expiration of protest period
30 days from adoption of ordinance........................................................March 5, 2020
Clerk or Engineer certifies maximum percentage of protest.............................March 11, 2020
Authorization to proceed with LID project (if Council requires formal action)
Council authorizes LID and preparation of bid package.......................March 16, 2020
DESIGN, BID, AND CONSTRUCTION
Begin design and preparation of contract documents ......................................March 23, 2020
Prepare a SEPA checklist for the proposed sewer improvements
Submit SEPA checklist to City.................................................................April 24, 2020
Send MDNS to newspaper (Thursday)....................................................May 14, 2020
Issue Mitigated DNS and publish notice (Sunday)...................................May 17, 2020
Comment period begins (Monday)...........................................................May 18, 2020
Comment period ends (15 days)...............................................................June 2, 2020
Complete design, plans, specifications, and estimate.....................................August 28, 2020
Advertise for bids ........................................................................................September 6, 2020
Open bids (31 day bid period)..........................................................................October 7, 2020
Award construction contract...........................................................................October 19, 2020
Begin construction........................................................................................December 7, 2020
Complete construction (140 working days at approx. 75 feet per day)................May 11, 2021
Project closeout (labor, revenue, etc., 75 days, min.)..........................................July 25, 2021
FINAL ASSESSMENT ROLL
Prepare Final Assessment Roll based on actual costs .....................................August 6, 2021
Adopt resolution-setting date for public hearing on Final Assessment Roll
Publish council meeting notice per standard City procedures
Adopt at regular business meeting......................................................August 16, 2021
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Mail Notice of Hearing to Property Owners
Private Owners – 15 days prior to hearing ..........................................August 27, 2021
Publish notice of Final Assessment Roll public hearing
Submit by 10 am on prior Thursday.....................................................August 26, 2021
Two consecutive weeks in the official newspaper
First publication ...................................................................................August 29, 2021
Second publication at least 15 days before hearing........................September 5, 2021
Conduct hearing on Final Assessment Roll..............................................September 20, 2021
Pass (adopt) ordinance confirming Final Assessment Roll and levying assessments
Can be done at same meeting as hearing...........................................October 4, 2021
Publish ordinance confirming Final Assessment Roll......................................October 9, 2021
Publish ordinance per standard City procedures
File notice with County confirming Final Assessment Roll
Required since LID contains farm and ag land..................................October 11, 2021
Effective date of ordinance confirming Final Assessment Roll......................October 15, 2021
Appeal period ends (10 days after effective date of ordinance) ....................October 25, 2021
Publish notice the Final Assessment Roll is filed for collection
Submit by 10 am on prior Thursday...................................................October 28, 2021
Two consecutive weeks in the official newspaper
First publication .................................................................................October 31, 2021
Second publication...........................................................................November 7, 2021
Mail Notice to Property Owners the Final Assessment Roll is filed for collection
Private Owners – within 15 days of first publication.........................November 1, 2021
30-day prepayment period ends
30 days after first publication..........................................................November 29, 2021
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Pasco City Council Workshop
October 14, 2019
Page 85 of 110
NW Area Trunk Sewer LID
Page 86 of 110
NW Area Trunk Sewer LID
Page 87 of 110
NW Area Trunk Sewer LID
Page 88 of 110
NW Area Trunk Sewer LID
Page 89 of 110
NW Area Trunk Sewer LID
Questions?Page 90 of 110
AGENDA REPORT
FOR: City Council October 7, 2019
TO: Dave Zabell, City Manager Workshop Meeting: 10/14/19
FROM: Steve Worley, Public Works Director
Public Works
SUBJECT: Public Works Bid Process
I. REFERENCE(S):
Presentation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
The purpose of this presentation is to share the process the City uses to prepare and
complete a Public Bid and what goes into that process from start to finish.
The presentation will go over the following:
• Bid Thresholds
• Exceptions to Bid Process
• Bid Considerations
• Bid Process Steps
• Other Bid Requirements
V. DISCUSSION:
The presentation is intended to provide information to City Council and the Public and
provides a great opportunity to ask questions about the public bid process.
Page 91 of 110
Pasco City Council Workshop
October 14, 2019
Page 92 of 110
Public Bid Process
Presentation Outline:
◦Bid Thresholds (RCW 35A.40.200 for code cities)
◦Exceptions to Bid Process
◦Bid Considerations
◦Bid Process Steps
◦Other Bid Requirements
Page 93 of 110
Bid Thresholds
In-House, Day Labor or Contract Labor
◦$40,000 or less (single craft)
◦$65,000 or less (multiple craft)
Small Works
◦Less than $300,000
Formal Bid Process:
◦More than $300,000
In-House, Day Labor or Contract Labor
◦$ 75,000 or less (single craft)
◦$116,155 or less (multiple craft)
Small Works
◦Less than $350,000
Formal Bid Process:
◦More than $350,000
*Pasco’s Purchasing Policy & Procedures (A.O. 470) will be updated to the new thresholds set forth
in the most recent Legislative Passing (ESSB 5418)
Current*Previous
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Exceptions to Bid Process
Urgent Purchases
◦Unexpected, immediate need for
non-emergency services
Emergency Purchases
◦Present a real, immediate threat
to the proper performance of
essential functions
Sole Source
◦Specialized Need for the City
Government to Government
◦If another City provides
maintenance services to our
City using its own forces only
(RCW 39.34)Page 95 of 110
Bid Considerations
Project Initiation
◦Preliminary Design
◦Right-of-Way Acquisition
◦Engineer’s Estimate –Overall
Cost of Project
Evaluate Bid Climate
◦Timing of Bid
◦Duration of Bid
Impact
◦Current, On-going project(s)
consideration
◦Citywide event(s)
◦Traffic
Funding
◦Obtain funds
◦Source of funds
Page 96 of 110
Bid Process Steps
•Advertisement •Bid Form
•General Conditions
•Instruction to Bidders
•Subcontractors List
•Specifications
•Bid Bond •Performance Bond•Payment Bond
•Retainage Bond •Drawings•Prevailing Wage Info
•Non-Collusion
•DBE Certification•Geotechnical Report
1. Prepare Bid Documents
Page 97 of 110
Bid Process Steps
2. Advertise
◦Tri-City Herald, Journal of Bus.
◦Post on City Website
3. Bid Opening
◦Open Sealed Bids in a Public
Setting
◦Apparent Low Bidder
determined
◦Prepare Bid Tabulation
(check for errors)
4. Bid Award
◦Present to City Council for
Approval
◦Send Award Letter to Contractor
5. Contract Execution
◦Contractor: Signed Contract,
Insurance and Bonds
◦City Manager Signs Contract
6. Issue Notice to Proceed
Page 98 of 110
Other Bid Requirements
Bid Splitting
◦Not legal to break a public works
project into separate phases to
bypass bid requirements
Developer & Joint Projects
◦Completely done by developer
than no bid laws apply
◦City money must follow bid laws
Current UBI
◦Unified Business Identifier
Contractor Registration
(RCW 18.27)
Not Disqualified from
bidding on Public Works
(RCW 39.06 & 39.12)
City Bidder
Page 99 of 110
Questions?Page 100 of 110
Pasco City Council Workshop
October 14, 2019
Page 101 of 110
AGENDA REPORT
FOR: City Council October 8, 2019
TO: Dave Zabell, City Manager Workshop Meeting: 10/14/19
FROM: Zach Ratkai, Director
Administrative & Community Services
SUBJECT: Presentation - 'A' Street Sporting Complex Grant Award
I. REFERENCE(S):
PowerPoint Presentation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Presented by Brent Kubalek, Recreation Manager
III. FISCAL IMPACT:
City Contribution: $221,113
RCO Grant Award: $350,000
Total Project Cost: $571,113
IV. HISTORY AND FACTS BRIEF:
As the City of Pasco grows, so does the community's need for recreation and sports
facilities. Anticipating this, Pasco Staff initiated a grant in 2018 with the State
Recreation and Conservation Office (RCO) and was awarded $350,000 for the project
earlier this year.
The 'A' Street Sporting Complex will be a multi-phase project offering soccer fields,
restrooms, concession facilities, and parking. The first phase of the project, to which
the RCO grant will be applied, will include three soccer fields and an initial pha se of
parking. Staff intends to begin construction in the summer of 2020, with a Phase I
completion in Summer/Fall of 2021. The construction timeline conforms to both the
adopted 2020-2026 Capital Improvement Plan and the timeline of the RCO grant.
In the current 2019-2020 Budget, $140,000 is set aside in the Park Development Fund
for the city's contribution to the project; however, with the award of the grant money
being sooner than anticipated, the City's share for the project will need to be increased
to meet the City's match through re-prioritization of projects being funded in the Park
Page 102 of 110
Development Fund. This change will be reflected in the supplemental budget proposal
later this fall.
With the construction of the first phase of this project, as well as the ultimate
completion of the entire project, staff expects maintenance and management costs to
increase as well, but with rental and usage agreements to be utilized to offset these
costs increases.
In the subsequent weeks, Staff will be issuing requests for proposals (RFPs) to begin
both cultural resources assessment and design on the properties
V. DISCUSSION:
Page 103 of 110
Pasco City Council Workshop
October 14, 2019
Page 104 of 110
Growth in Demand
•Growth in demand
from 2015 –2018 in
Pasco.
•Total Players grew
from 2696 to 3472
1252
64 0 80
1300
2696
1693
114 150 115
1400
3472
0
500
1000
1500
2000
2500
3000
3500
4000
Soccer Lacrosse Ultimate Marching
Band
Football TOTAL
2015 players
2018 players
Page 105 of 110
“A” Street Grant
•City Council Goal,
Quality of Life -#2:
“Continued efforts
to provide
additional soccer
fields and sports
fields.”Page 106 of 110
Phase I
•Placed on City
owned land
•Distributes
Fields more
equitably
throughout City
•Easy access from
Hwy 12/182, &
Hwy 397/395
Page 107 of 110
Phase I
•3 Full-sized Multi-use
Fields (Soccer, Lacrosse,
Rugby, Football, Ultimate
Frisbee)
•Access Road (Elm St.)
•Side walks
•Lighted Parking Lot
•Shelter for Portable
Toilets
•LandscapingPage 108 of 110
Phase I
•Total Project Cost:
$571,113
•RCO Share: 61.28%;
$350,000
•City Share: 39.72%;
$221,113
Page 109 of 110
Pasco City Council Workshop
October 14, 2019
Page 110 of 110