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MRSC PUBLICATIONS › NEWS › Municipal Research News - June 1991
 

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Municipal Research News

Resources for Washington's Cities and Towns
June 1991

Articles

Serving Your Needs

Last November we mailed a survey to 751 city and town officials to better understand how to match our services with your needs. Your response was terrific; 47 percent of our sample of mayors, councilmembers, city attorneys, city managers, municipal clerks, and other public officials returned completed surveys. Thanks to everyone who participated; your help is invaluable. Special honors go to municipal clerks, city attorneys and planning directors; two-thirds or more of these groups completed the survey—an impressive response rate for a mail survey.

This is our report back to you on the results of the survey. Also highlighted are our initial plans for new or improved services in response to your assessment of our services.

Almost all survey respondents have called or written MRSC for assistance, used MRSC publications, and requested materials from our library. Overall, there is a high level of satisfaction with our services; 73 percent of respondents indicated they would highly recommend MRSC services to a col league. Evidence suggests that you're keeping your word. We handled 4785 substantive inquiries in 1990, a 20 percent increase over 1989. Calls for help continue to increase in 1991 at a 10 to 15 percent annual growth rate. Almost without exception, respondents rate MRSC's response to inquiries as prompt and useful.

We are gratified by this response, but there is room to improve our services. Very small (less than 1,000 population) and very large cities (greater than 25,000 population) are somewhat less likely to use our services—probably for different reasons. Very large cities have complex needs and more technical staff to address their needs. Small cities have very limited resources and are less aware of MRSC services. We intend to reach out to municipalities with less than 1,000 population by implementing a program of field services.

While 63 percent of respondents rated MRSC publications as excellent, you told us that some publications are less effective than others. In some cases, you told us that you want more timely, focused, easier to read reports. In other cases, you wanted more detail. We received many suggestions for new publications. Growth management topics were far and away the most frequently mentioned. We are redirecting our publications program to get maximum audience reach with timely information designed to enhance the effectiveness of local government. Municipal Research News was initiated as part of this program.

You are less familiar with our library resources than our inquiry and publications programs. Library materials are often sent to municipal officials by our consultant staff in response to inquiries; some officials call the library directly to borrow materials. Quality of library materials received highest marks for being responsive and thorough, but somewhat lower marks for being up-to-date. In response, we are budgeting more money for library expansion and updates.

One component of our survey assessed the feasibility of implementing an electronic bulletin board. This would permit municipal officials to access MRSC data bases via their computer linked by telephone to an MRSC computer. While most (54 percent) city officials are interested in this con cept, many (40 percent) expressed uncertainty. As might be expected, those without access to a com puter express the greatest uncertainty. (Overall, 80 percent of our survey respondents have access to a computer.) Your priorities for the information to be posted on a bulletin board include new state regulations, a database of ordinances held by MRSC, and an on-line catalog of MRSC library records. Budget permitting, we plan to implement a pilot bulletin board project during the next year.

This article is necessarily short and only hints at new directions in response to your input. Future newsletter articles will describe new programs and directions in greater detail. Your comments and suggestions on how we can improve services are always welcome.

Senate Cuts Municipal Research Council Budget

As this issue of the Newsletter goes to press, a cloud remains over the 1991-1993 budget for the Municipal Research Council, the agency that oversees and funds the Center's programs. While the House adopted the budget recommended by the Council and the Governor, the budget passed by the Senate cuts the Council's budget by $175,000, a 7.9 percent reduction. Differences will be worked out by a six member conference committee which continues to meet on the state budget impasse. Final budget action will occur after the Governor calls the legislature into special session around the middle of June.

Representative Mary Margaret Haugen, chair of the Municipal Research Council, is confident that full funding will be restored. The Municipal Research Council is funded by a small share of the cities' distribution of the Motor Vehicle Excise Tax. By state law reductions in the Council's budget automatically revert to the cities. Thus, cutting the Council's budget neither helps to balance the state budget nor provides funds for other state priorities. Representative Haugen warns, however, that services to cities and towns will be eroded if the Senate budget stands.

Budget cuts would come at a time when demand for services is rapidly growing (see graph below). Reductions in funds would compromise the quality of the Center's inquiry program, result in fewer publications, and limit acquisition of library materials. New services developed in response to our survey of public officials would be deferred indefinitely.

If you are concerned about this issue, you may wish to contact your state legislators or members of the budget conference committee.

Who is MRSC?

This column continues the introduction of the Center's staff begun in the March 1991 issue. Part oneof "Who is MRSC?" featured the Center's seven members of the consultant staff. This issue features the library and members of the library staff.

The Center's library houses a special collection of information including basic legal references tailored to the needs of municipal government officials. Through the continuing cooperation of Washington's cities and towns, the library has copies of ordinances, budgets, financial reports, information pamphlets, and studies which are used in the Center's inquiry service.

A significant part of the collection is 3,500 reference files which are organized under the following subject headings: airports, elections, building and construction, cemeteries, environment, energy conservation, finance, franchises, insurance, licensing and regulating, parks and recreation, personnel, planning, property management, court administration, fire, police, criminal justice, traffic and parking, transportation, and utilities. The files contain ordinances, articles, clippings, reports, and inquiry responses. The library has over 5,000 cataloged titles. At the core of the collection are publications of the Urban Land Institute, the American Planning Association, the International City Management Association, and the National League of Cities. Over 300 newsletters, magazines, and journals are received by the library. However, not all are retained. Useful articles are put into the subject files for use by staff consultants when responding to inquiries.

The library's resources are used by staff consultants when preparing responses to inquiries. Materials on loan from the library often accompany inquiry responses. Municipal officials seeking specific titles of publications may also borrow items directly from the library. Library staff members prepare a monthly acquisitions list as well as a monthly listing of ordinances received. Items from these lists are excerpted in Municipal Research News and in AWC's City News and are made available upon request. City personnel are also invited to use the library resources in person.

Lynne De Merritt, Librarian

Lynne began her work as the Center's first professional librarian in the summer of 1973 after graduating from the University of Washington's Master of Librarianship program. She also holds a Master's degree in Political Science from Western Washington University. Lynne is active in the Council of Planning Librarians (CPL), an affiliate group of the American Planning Association, and sits on the Editorial Advisory Board of the CPL Bibliography Series. Lynne is the Editor of Municipal Research News.

Over the years Lynne has focused attention on organizing the Center's information collection. The collection has been transformed from containers of publications set on shelves inherited from the former Bureau of Governmental Research, to a well organized, cataloged collection. Systems have been created to store information in subject categories which relate to the practice of municipal government in Washington.

Lois Weed, Library Assistant

Lois joined MRSC in March 1989 as a full-time temporary worker and became a full-time MRSC staff member October 1989. She is a native Washingtonian and now lives in Redmond. Shegraduated from Whitworth College in Spokane and recently spent a year of study at Lake Washington Vocational Technical Institute. Lois is nearing completion of two terms (10 years) on the Redmond Library Board. She is the United Way representative at the Center. Lois has two sons who also live in Redmond.

Among other tasks, Lois is responsible for the Center's library loan records. She handles loan renewals and sends out the overdue notices. Lois fills requests for ordinances and library publications highlighted in Municipal Research News, the Center's ordinance lists in AWC's City News, and the Center Library's monthly acquisitions and ordinance summary list which is available on request. She also is responsible for sending out the postcards requesting copies of ordinances and other publications that have come to the Center's attention.

Fred Ward, Information Systems Specialist

Fred began at the Center in June 1988 as an intern while a student in the Graduate School of Library and Information Science at the University of Washington. After receiving the Master of Librarianship degree in December 1988, he began full time at the Center in the capacity of Assistant Librarian. Fred currently holds the position of Information Systems Specialist with responsibilities for the development of information and computer systems in support of the Center's research and administrative activities. He received a B.A. in Philosophy and Mathematics from the University of Hartford in 1983 and has done graduate work in demography and sociology at the University of Michigan where he was a research assistant at the Population Studies Center. This month Fred successfully completed a one-year certificate program in microcomputer management at the University of Washington Extension College.

Water Conservation in the 1990s

Quenching our thirst is sEcond in importance only to breathing, and we know that in the Southwest and California quenching the thirst for water has become more difficult these past years. Now, water conservation has become a daily concern for many municipalities in the Pacific Northwest.

During the 1980s many Washington municipalities passed ordinances to provide for emergency water conservation measures during periods of extreme water demand. However, as our area continues to develop with additional population and resulting commercial and industrial development, many municipalities must consider the fact that their ultimate water supply may have a finite limit!

Rather than face a limiting water supply problem in the future, Washington cities, recognizing that the "wet" Northwest has an extremely dry east half and a 3 month drought in the west half, are choos ing to reduce their daily water demands before mandatory measures are needed.

Municipal Conservation Programs

Water conservation programs not only extend supplies, but reduce energy consumption, decrease wastewater flows to the treatment plant, sometimes compensate for water supply system inadequacies, and save both construction and operating costs of the water utility.

An effective water conservation program must be based upon the customers understanding the need for the program and the benefits that they individually receive from the program.

For example, the city of Redmond has planted a demonstration "Xeriscape Garden," with low-water usage plants, adjacent to their City Hall. The city has prepared and distributed with their utility billings a leaflet discussing the need for and make-up of their demonstration garden. Redmond expects their xeriscape garden to require one good soaking every three weeks after it is established. With proper planning, design, and plant selection, xeriscape landscaping can reduce water requirements by 30 to 80 percent!

For several years the city of Seattle has distributed water conservation information and made available water conservation kits to their customers. The kit consisted of water conservation suggestions, a flow restricting washer for the shower, and a toilet tank displacement bag. The city has been promoting the use of low-flush toilets that use only 1.6 gallons of water per flush, and is considering amending their building code to require low-flush toilets and low-flow shower heads in all new construction.

The city of Everett adopted an interim Water Conservation Program by Resolution No. 3427 on January 30, 1991. The adopted resolution recognizes that "water is a valuable natural resource that should always be used wisely" and directs the preparation of a long-range conservation plan. The city has already included notices with their billings that water conservation kits are available from the utility. These kits contain a low-flow shower head, toilet dam, aerators, and leak detection dye tablets. Everett participated in a joint program with the Seattle and Tacoma water departments last year to make faucet aerators and slide guides for calculating lawn watering requirements available through Pay 'n Save stores in the three cities.

Everett, like Redmond, recognizes that the city must set a good example for its water customers. An aggressive xeriscape program is being planned for the Everett city parks to reduce irrigation re quirements and educate the public regarding landscape practices that promote water conservation.

State Conservation Programs

The Water Resource Division of the State Department of Ecology (DOE) has issued a publication titled "Interim Guidelines for Public Water Systems Regarding Water Use Reporting, Demand Forecasting Methodology, and Conservation Programs," July, 1990. This publication, which is available from the DOE, explains and outlines the elements of a water conservation program. A Planning Handbook to supplement these Interim Guidelines is presently in preparation by the DOE staff.

HB 2026, passed in the last few hours of the regular 1991 legislative session, stressed "the achieve ment of water conservation goals and the discouragement of wasteful water use practices." HB 2026further amended RCW 19.27.170, Water Conservation Performance Standards, to delete the reference to the building code council report on the availability of low-volume fixtures, to direct the building code council to publish and distribute a list of fixtures that will meet the following standards, and rEconfirmed that beginning July 1, 1993, all plumbing fixtures sold or installed in our state shall meet the following standards:

  • Toilets - 1.6 gpf
  • Urinals - 1.0 gpf
  • Showerheads - 2.5 gpm
  • Faucets - 2.5 gpm

Other Conservation Programs

Another, sometimes controversial, form of water conservation is achieved by changing the water ser vice rate schedule from the commonly used "declining block schedule" to an "increasing block schedule" rate.

The "declining block schedule" rate structure has a lower unit charge for water used as the customer's use increases through a series of steps or blocks in volume. Whereas, the "increasing block schedule" rate structure has a larger unit cost as the customer's demand increases through specific steps or blocks in volume.

The justification for the "declining block schedule," rate was the fact that water utilities tend to experience decreasing unit costs with increasing usage through Economies of scale. However, as sources of supply dwindle and water systems are experiencing unmet peak demand periods, many utilities are experiencing increased costs to meet these increased demands for water.

The inverted, or "increasing block schedule," has been adopted as a form of conservation pricing. Support for this form of rate schedule comes from those utilities experiencing increasing costs of system improvement and expansion. This form of pricing usually is applicable only in predominantly residential areas where the contributors to peak demands are not large daily water users. Large industrial water users might be unfairly charged by the "increasing block schedule" because their large daily use does not contribute to the system oversizing to meet peak demand periods.

Water systems, that are still unmetered, should consider the benefits of charging true costs of service to each of their customers. Customers are more likely to conserve water if they are being charged for the quantity actually used.

Those utilities that offer reduced water rates during the summer period to "keep the city green" should investigate the true costs of the system oversizing required to supply the peak demands for the summer period.

Finally, the term "recycling" should also be considered in the planning of water systems. Could golf courses, large industrial parks, cemeteries, etc. be safely watered with "recycled" water?

In the 1990s every water utility should consider developing and implementing a water conservation program for the coming decade. The Program, to be effective, should include goal setting based upon community standards and definitely include input from the private and public water users.

The following is the list for the Redmond demonstration garden. It includes trees, shrubs, and grasses:

  • Japanese Sweet Flag
  • Bog Rosemary
  • Thrift Sea Pink
  • Leatherleaf Sedge
  • Bronze Wig Sedge
  • Variegated Japanese Sedge
  • Eastern Redbud
  • Dwarf Hinoki Cypress
  • Yellow Alaskan Cedar
  • White Rockrose
  • Spring Pink
  • Dorycnium species
  • Dwarf winged Euonymus
  • Spurge
  • Dwarf Blue Fescue
  • Blue Fescue
  • Dwarf Japanese Garden Juniper
  • Blue Star Juniper
  • Ice Plant
  • Mondo Grass
  • Rhododendron Impeditum
  • Lavender Cotton
  • Blue Spruce
  • Sedum
  • Autumn Joy
  • Quart Queen
  • Archers Gold
  • Lemon Thyme
  • Woolly Thyme
  • Mother of Thyme

Ask MRSC . . .

This column contains summaries of recent inquiries answered by MRSC consultants. The detailed legal analysis has been simplified, however; if a complete copy of the inquiry response is desired,please contact the Center.

ARTERIAL STREET FUND--May arterial street fund monies by used to purchase street maintenance equipment, namely, a striping machine?

Yes. RCW 82.36.020 imposes a motor vehicle fuel tax. The proceeds of the tax are distributed to cities and towns in two amounts: 6.92 percent of the tax proceeds which may used for any street purpose without the approval of the state department of transportation and 4.61 percent amount to be expended "as provided by RCW 46.68.115."

The referenced statute allows the tax proceeds to be used for, among other things, the construction, improvement, chip sealing, seal-coating, and repair of arterial highways and city streets, and for the maintenance of arterial highways and city streets for those cities with a population of less than 15,000. According to the state aid engineer, the purchase of a striping machine would fall within the classification of "maintenance" and would be allowable under RCW 46.68.115. (MRSC Inquiry No. 91-1036)

ATTORNEY GENERAL--What is the legal effect of an attorney general's opinion?

An attorney general's opinion, while entitled to "considerable weight" in a court's consideration of an issue, is not controlling or binding authority on the court's decision. Thus, a court may disagree with and reach a conclusion contrary to that reached by the attorney general's office. (MRSC Inquiry No. 91-1090)

BID ERROR--May a city reform defective low bid where bid contains error (bid would be low bid regardless of error)?

No. The choices available to the city are:

  1. Reject all bids (and hope that the low bidder will once more submit a very favorable bid);

  2. Allow the bidder to escape performance under the defective bid by withdrawing the bid. The city would then award the contract to the next low bidder. (If the city was contacted imme diately, the error was apparent, and there is no detriment to the city, the bidder would not be liable to the city); or

  3. If the bidder is willing to proceed with his bid irrespective of the error (or if the bidder takes action inconsistent with withdrawal of the bid), the city may award its contract to the low bidder.

The city may not now reform the bid, by correcting the error and allowing the corrected bid to be considered along with the other bids. Courts will generally refuse to reform a bid or contract, as to do so would destroy the general concept of competitive bidding. (MRSC Inquiry No. 91-0914)

BUILDING PERMIT--May building permit be transferred?

Yes, it would appear so. Although there is no Washington authority on point, a leading land use treatise has concluded that a building permit does not give a personal right to the applicant to whom it is issued but instead creates a right that "attaches" to the land. Building permits pertain to development of the land, irrespective of the identity of the owner, and the permit and the right to act in accordance with it become attributes of the land continuing as such without regard to any change in the land's ownership or the right to its use. It inures to the benefit of any subsequent owner and remains in force subject to its terms. (MRSC Inquiry No. 91-0903)

CIVIL SERVICE--Should a part-time position in the police department be included in civil service?

No. The police civil service system only applies to full-time employees of the police department. See RCW 41.12.050. It applies to all full-time employees, regardless of whether they are uniformed officers or not. However, part-time employees are not covered by civil service and the civil service commission would not have jurisdiction in regard to hiring such individuals. (MRSC Inquiry No. 91-1834)

CONDEMNATION--Is city-owned property subject to condemnation by a school district?

No, probably not. Statutory authority for school district condemnations is provided by RCW 28A.335.220 and ch. 8.16 RCW. Neither provision, however, indicates that the school district power extends to the condemnation of publicly-owned land. AGO 55-57 No. 335 concludes:

    The eminent domain statutes permitting school districts to condemn property do not specifically authorize condemnation of land already devoted to public use. In the absence of such authorization, this power cannot be inferred.

A similar result was reached in AGO 1927-1928 (at p. 744):

    School districts may condemn for sites . . . but property already devoted to a public use cannot be taken for another public use which will materially impair or interfere with the former use, unless authorized by the legislature, either expressly or by necessary implication. Mere general authority to condemn is insufficient.

Appellate court authority, although not specific to school districts, is consistent with the advice given by the attorney general. (MRSC Inquiry No. 91-1507)

EXECUTIVE SESSION--May city council hold executive session to review the qualifications of persons appointed by mayor to planning commission?

Yes, an executive session can be held to "evaluate the qualifications of an applicant for public employment." RCW 42.30.110(1)(g). Our legal staff advises that this provision would encompass applications for public office, such as the office of planning commissioner. Since an appointment to the planning commission is required by statute to be confirmed by the council in a third class city ora town, and may be subject to confirmation in a code city (assuming such a commission is established in a code city), there may be good reason to hold an executive session to evaluate the applicants for such a position. Action by the council to confirm a mayoral appointee to the planning commission must, however, be taken in an open meeting. (MRSC Inquiry No. 91-1686)

LOT LINE ADJUSTMENT--May city approve, without going through subdivision procedures, a lot line adjustment between two contiguous lots where no new lot is created and where both lots would remain in compliance with minimum zoning and subdivision requirements?

Yes, RCW 58.17.040(6) specifically exempts lot line adjustments of this type from application of the subdivision laws. Ideally, however, a city or town's subdivision ordinance should include a section dealing with lot line adjustments which provides for a specific, summary procedure for their approval. (MRSC Inquiry No. 91-1209)

MINUTES--Must minutes be kept of a council work session?

A council work session does constitute a special meeting of the city council. As long as all of the councilmembers are present at one time and are discussing city business, it is a special meeting, regardless of whether any final action is taken on a subject. RCW 42.32.030 requires that minutes be kept of all regular and special meetings except executive sessions. Such minutes are to be promptly recorded and to be open for public inspection. This doe not mean that a comprehensive and detailed set of minutes must be kept for work sessions. However, some formal record of the fact that the meeting occurred in the form of minutes must be kept. (MRSC Inquiry No. 91-2806)

ORDINANCE PROCEDURE--In a code city, if ordinance is published on Thursday, when does it first become effective?

On the following Tuesday, in all likelihood. RCW 35A.12.130 provides in part:

No ordinance shall take effect until five days after the date of its publication unless otherwise provided by statute or charter . . .

When computing time, one must exclude the first day and include the last (unless the last day is a holiday or Sunday, in which case that day or days are also to be excluded).

Thus, an ordinance would be effective on the first Tuesday following the Thursday publication date, which would be the fifth day after the date of publication, excluding the date of publication. (The date a paper is published is the date shown on the paper as its publication date; this date may differ from the date the paper is actually printed.) (MRSC Inquiry No. 91-1413)

REIMBURSEMENT--May a city pay a per diem amount to its councilmembers for various (non-automobile) expenses?

Yes, it would appear so, at least as to first class and code cities. It is doubtful that a city could pay a per diem amount to a councilmember to repay expenses, pursuant to RCW 42.24.090, a generallaw, unless the amount paid was equivalent to the amount the councilmember actually expended. However, RCW 35A.12.070, which applies to code cities, provides that the council may be reimbursed for actual and necessary expenses incurred in the performance of duties "or the council by ordinance may provide for a per diem allowance." Presumably the per diem amount would not need to equal the actual amount of the councilmembers' expenses exactly, as the statute recognizes two separate situations (reimbursement of actual expenses or payment of a per diem amount). This authority would be available to code cities and, through their omnibus grant of authority, to first class cities. (MRSC Inquiry No. 91-0998)

SALES TAX--Is labor on street project subject to sales tax?

No. Although the retail sales tax is imposed upon each retail sale in this state (RCW 82.08.020(1)), the terms "sale" and "sale at retail" and "retail sale" exclude the charge made for labor and services rendered in respect to the building, repairing, or improving of any street, place, road, highway, easement, right-of-way, mass public transportation terminal or parking facility, bridge, tunnel, or trestle which is owned by a municipal corporation or political subdivision of the state and which is to be used primarily for foot or vehicular traffic. (MRSC Inquiry No. 91-1325)

SALES TAX--Does sales tax apply to purchase of item from out-of-state dealer?

No; the purchase would not be subject to the sales tax, but payment of the use tax would be required. Since the state use tax is at the same rate as the state sales tax, it really makes no difference where the item is purchased.

See WAC 458-20-189(17), relating to the state use tax:

The state of Washington . . . and all counties, cities . . . are required to report the use tax upon the use of all tangible personal property purchased or acquired under conditions whereby the Washington retail sales tax has not been paid.

If the purchase of the item occurred outside of state, the sales tax would not apply; however, the use tax would apply. (MRSC Inquiry No. 91-1435)

UNLICENSED CONTRACTOR--May a town enter into a contract for a public works project with a contractor who is not licensed with the state?

No. This is specifically prohibited by RCW 39.06.101. This is true regardless of whether the contract is required to be let after a call for public bids or not. The above statute forbids a city from executing a contract with a contractor who is not registered or licensed as required by the laws of the state. (MRSC Inquiry No. 91-1594)

Fireworks Ordinance

State Supreme Court Upholds City's Fireworks Ordinance
A Case Summary

The fireworks ordinance enacted by the city of Yakima was recently upheld by the State Supreme Court in an important decision for cities. The court held that the state has not preempted the area of fireworks regulation. Cities may enact additional local regulations that are more restrictive than state law so long as the regulations do not directly conflict with state law.

The state legislature has enacted statutory provisions in ch. 70.77 RCW, which relate to the regulation of fireworks throughout the state. One of these provisions regulates when fireworks may be sold and when fireworks may be discharged.

The city of Yakima enacted a local ordinance on this same subject. Yakima regulated the sale and discharge of fireworks in a more restrictive manner than the state law. For example, the Yakima ordi nance made it unlawful to discharge or use fireworks except between the hours of 9:00 a.m. and 11:00 p.m. on July 4. State law allows the discharge of fireworks from June 28 to July 6.

Therefore, the local ordinance is more restrictive than the state statute as to the dates and times fireworks may be sold or used. It was argued that this made the ordinance unconstitutional.

First of all, the court indicated that the state did not intend to preempt the entire field of fireworks regulations and that there was still room for cities to enact regulatory ordinances relating to fireworks. Also, the court indicated that just because the ordinance prohibited a wider scope of activity than the state, did not mean it was in direct conflict with the state statute. The court, therefore, upheld the validity of the ordinance and the authority of cities to regulate fireworks, so long as the local regulations do not directly conflict with the state regulations.

The case citation for this decision is Brown v. City of Yakima, 116 Wn.2d 556 (1991).

Summer Fun: Plan Ahead and Avoid Headaches

Summer is a time of enjoyment, letting loose, and having fun. But the balance between having fun and being a nuisance to someone else is often delicate. Many activities must be regulated to protect the municipality from potential liability should the "fun" get out of hand, while others are to ensure that the fun atmosphere is maintained for all to enjoy.

This month's listing of materials available in the Center's library provides a sampler of topics that often come up during the summer months--noise, cruising, parades, festivals, street fairs, and fireworks.

Noise, a by-product of fun, increases to levels of public disturbance during the summer months. There are the kids in the parks and on the streets with their audio players turned full bore and adultshaving keggers. The Center has a number of ordinances which target portable sound systems (boom boxes), automobile sound systems, and social gatherings. Kirkland Ordinance No. 3168 regulates noise from musical instruments, audio sound systems, and social gatherings. Port Angeles Ordinance No. 2612 regulations noise emanating from portable or motor vehicle audio equipment. Zillah Ordinance No. 690 regulates banquets, receptions, and other gatherings.

Cruising is a perennial problem dating back to the days of Eisenhower and the '57 Chevy. In the summer months it is something to do, but it has become an increasing problem of traffic congestion. A number of cities have responded by enacting ordinances to curb this activity. The Center has copies of Seattle Ordinance No. 113957, Centralia Ordinance No. 1622, Puyallup Resolution No. 544 and Renton Ordinance No. 4057 available. None of these ordinances, to the Center's knowledge, have been reviewed by the appellate courts.

What is summer without a parade, a festival, a street fair, or a circus? They provide enjoyment, summer fun, and often an Economic boost from tourism. The Center can provide sample regulations governing parades, special events, and public festivals which utilize city streets and sidewalks, construction of temporary booths including provisions for licensing, liability insurance, and clean up following the event. Other related regulatory items available include provisions for street dances, regulation of street vendors, outdoor musical entertainment, regulation of liquor in public places, and provisions to ensure that block parties don't get out of hand.

Finally, what would the celebration of summer be without fireworks? Fireworks are regulated by ch. 70.77 RCW under which the state fire marshal is given broad authority to prescribe state-wide minimum standards for enforcement. Local governments are required to comply with the state fire marshal's rules which are contained in ch. 212-17 WAC. The law acknowledges the authority of local governments to adopt rules that are more restrictive than the state law with respect to types of fireworks that may be sold within their jurisdictions. Locally adopted rules that are more restrictive than the state law, with respect to the types of fireworks that may be sold, are required to have a one-year delay before taking effect.

The Center's files contain a variety of regulations enacted by municipalities ranging from general protection ordinances, the regulation of fire works in public parks, and provisions covering public displays sponsored by private groups. (See related article on page 9 regarding State Supreme Court Upholds City's Fireworks Ordinance.)

The staff of the Center wish you all a relaxing, enjoyable, headache free summer. If we can be of assistance, please do not hesitate to give us a call. In the meantime, if you pass any regulations that might pertain to "summer fun," remember to send the Center a copy.

New Acquisitions

The following video and audio tapes may be borrowed from the Center for a period of two weeks. We request that borrowers return the videos by first class mail or by UPS, insured for the amount specified on the loan form. Generally, this will add only a nominal amount to the cost of return postage and insure that videos are not damaged.

Affordable Housing: Restoring the Dream: An Introduction to Cost Savings Land Development. Produced by ULI and the National Association of Home Builders in cooperation with the American Planning Association, the U.S. Conference of Mayors, and the Council of State Community Affairs Agencies. Washington, D.C.: Urban Land Institute, 1989. 1 videocassette; 15:27 min.

Conserving Rural Character and Open Space through Innovative Land Use Techniques. Produced by Randall Arendt (Associate Director, Center for Rural Massachusetts, University of Massachusetts, Amherst). 1989. 1 videocassette; 60 min. Video version of slide presentation which accompanies the design manual, Dealing with change in the Connecticul River Valley: a design manual for conservation and development. (PL 5.2000 C65 1989)

Role and Responsibility of the Planning Commissioner. Municipal Video Project. 1 videocassette; 40 min. (PL 2.2000 R65)

From AICP Planners Training Service

Calculating and Implementing Impact Fees. Chicago: American Planning Association, 1988. Kit; 5 audiocassette tapes; 5 hours. This training package is a product of the Impact Fees: Paying for Growth workshop held in 1987 and 1988. (PL 2.2430 C355 1988)

City Beautiful: Zoning for Aesthetics. Christopher Duerksen, speaker. Chicago: American Planning Association, 1990. Kit: workshop materials, 1 videocassette; 90 min.

Consistency and Comprehensive Planning. Daniel R. Mandelker, speaker. Chicago: American Planning Association, 1990. Kit: workshop material, 1 videocassette; 30 min. (PL 6.0000 C655 1990)

Impact Fees: Legal Issues. Chicago: American Planning Association, 1988. Kit; Outline and 2 audiocassette tapes; 4 hours. (PL 2.1420 I45.A4 1988)

Inclusionary Housing Programs: A Videotape Package from AICP's Planners Training Service. Dwight H. Merriam, speaker (Attorney, Robinson & Cole, Hartford). Chicago: American Planning Association, 1989. 1 v. (loose-leaf), 1 videocassette; 90 min. Taped at the 1989 Planners Training Service Affordable Housing workshop." (HO 4.4000 I555 1989)

Urban Land Institute Project Reference File

Nottingham, Fairfax County, Virginia: (Residential Z-lot (zero) design). Washington, D.C.: Urban Land Institute, 1989. 1 videocassette; 15:13 min. Accompanied by Project Reference File, Vol. 19, No. 4, January-March 1989, Nottingham, Fairfax County, Virginia. (PL 8.2400 N65 1989)

Ocean Pointe, Huntington Beach California: (High density detached residential). Washington, D.C.: Urban Land Institute, 1990. 1 videocassette; 15 min. Accompanies Project Reference File, Vol. 20, No. 9, April-June 1990, Ocean Pointe, Huntington Beach, California. (PL 8.3500 O25 1990)

Seaside, Walton County, Florida: Multiuse new town resort. Washington, D.C.: Urban Land Institute, 1986. 1 videocassette; 14:30 min. Accompanied by Urban Land Institute Project Reference File, Vol. 16, No. 16, October-December 1986, Seaside, Walton County, Florida: detached residential. (PL 12.0000 S45 1986)

Straw Hill, Manchester, New Hampshire: Residential - cluster plan design. Washington, D.C.: Urban Land Institute, 1987. 1 videocassette; 8:30 min. Accompanied by Project Reference File, Vol. 17, No. 18, November-December 1987, Straw Hill, Manchester, New Hampshire (detached residential). (PL 7.3600 S85 1987)

Washington News Clips

This column reports on activities of Washington's cities and towns that are of general interest. Most of this issue's news items have been excerpted from newspaper clippings. It is hoped that you will provide new items for the next issue.

Bothell, through participation from the community, has prepared a Vision Statement which sets out three values and 18 vision points based on the values. Copies of the statement can be obtained from the MRSC library.

Chehalis and the town of Inasa in Shizuoka Prefecture, Japan, officially became Sister Cities on October 22, 1990. The signing of the Sister City documents followed several years of correspondence and delegations visiting between the two communities. Mayor Nobuo Shibata and most of the Inasa Town Council were in Chehalis for the signing ceremony. The Chehalis School District and people involved with the Camas Sister City program (Camas is affiliated with Hosoe-cho in the same region of Japan) were particularly helpful in getting the Chehalis-Inasa relationship established.

Monroe has enacted a school impact mitigation fee as a condition of approval of all subdivisions and residential developments. Copies of Ordinance No. 967 may be obtained from MRSC.

Moses Lake was selected to receive a 1990 Governor's Art Award for the creation of the Adam East Museum and Art Center and the Centennial Amphitheater. The awards are made by the Governor in recognition of outstanding contributions for the promotion of the arts in Washington state. Moses Lake, a city of 11,000 people is cited for having taken a "bold, unprecedented move" to establish these projects and is a model for other small cities across the state. Both projects were city funded, with the cost of the amphitheater at over half a million dollars. The city has also committed $45,000 each year to the support of the art center.

Redmond was recently recognized by the King County Solid Waste Division for Outstanding Achievement in Recycling by an Institution/Government Agency. The award is part of the annual King County Recycle Week program which promotes various recycling activities throughout the county. The city was recognized for its unique comprehensive approach to providing recycling services for single family residences, multi-family apartment complexes, and businesses.

Growth Management Resources Update

The March issue of Municipal Research News described MRSC's expanded growth management services. The list of growth management publications available for loan from the Center's library has been updated and is available upon request. A few of the new items are listed below. See also the videos available under "New Acquisitions" on page 11.

A number of recent comprehensive plans, zoning ordinances, and CIP programs have been received. However, we need more copies of planning-related items so that we have a larger supply from which to draw for examples to loan. Shortly, postcards will be sent by the Center listing the planning documents currently on file for your municipality, and requesting updates if any exist. We urge you to assist by sending copies of updated planning documents to the Center.

To make the growth management information services most effective, copies of the following are needed: comprehensive plans, plans relating to Economic development, transportation, capital improvements, parks and open space, urban design, utilities, historic preservation, resource protection, human resources, cultural resources, and natural resource protection. Any studies or reports, including inventories for building design, housing, open space, views, and industrial lands, need assessments, critical areas classification, natural resource lands identification, annexation, and fiscal impacts. In addition the Center would like to have a larger collection of contracts, RFPs, RFQs, and intergovernmental agreements available, as well as samples of development handbooks and administrative procedures for land use activities.

The following publications may be borrowed for a period of two weeks:

The Costs of Alternative Development Patterns: A Review of the Literature, by James E. Frank. Washington, D.C.: Urban Land Institute, 1989. 46 p. (PL 8.6200 C65 1989)

Designing a Citizen Involvement Program: A Guidebook for Involving Citizens in the Resolution of Environmental Issues, by Robert E. Howell, Marvin E. Olsen, Darryll Olsen with contributions from Riley E. Dunlap, Gregory Poremba, Richard Rossi. Corvallis, Oregon: OSU, Western Rural Development Center, 1987. 178 p. (PL 2.8000 D455 1987)

Financing Growth: Who Benefits? Who Pays? And How Much? Susan G. Robinson, Editor. Washington, D.C.: Government Finance Officers Association, 1990. 213 p. (PL 8.6200 F55 1990)

Impact Fee Programs a Survey of Design and Administrative Issues, by Joni L. Leithe with Matthew Montavon. Washington, D.C.: Government Finance Officers Association, 1990. 66 p. (PL 2.1420 I45.L4 1990)

Land Supply Monitoring: A Guide for Improving Public and Private Urban Development Decisions, by David R. Godschalk, Scott A. Bollens, John S. Hekman, Mike E. Miles. Boston, Mass.: Oelgeschlager, Gunn & Hain, 1985. 217 p. (PL 5.2000 L355.G6 1985)

Room Enough: Housing and Open Space in the Bay Area, by People for Open Space. San Francisco: People for Open Space, 1983. 64 p. (PL 5.2800 R75 1983)

The Costs of Alternative Development Patterns: A Review of the Literature, by James E. Frank. Washington, D.C.: Urban Land Institute, 1989. 46 p. (PL 8.6200 C65 1989)

Tools for the Greenbelt: A Citizen's Guide to Protecting Open Space, by People for Open Space, Greenbelt Action Program. San Francisco: People for Open Space, September 1985. 1 v. (various pagings, loose-leaf). (PL 5.2800 T65 1985)