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MRSC Publications › News › Municipal Research News - June 1997

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Municipal Research News

Resources for Washington's Cities and Towns
June 1997

Articles

Municipal Research News is published quarterly by the Municipal Research & Services Center of Washington, 2601 4th Avenue, Suite 800, Seattle, WA 98101-1159. Your ideas and comments are appreciated. If you have news you would like to share or if you would like to write a short feature article, please contact us.

Editor: Connie Elliot
Desktop Designer: Holly Martin

MRSC Welcomes Counties

Starting July 1, 1997, the Municipal Research and Services Center (MRSC) will provide services to Washington counties. Substitute Senate Bill 5521 authorizes the creation of a county research program. Legislation to create and fund this program, initially sponsored by Senator Mary Margaret Haugen, has been long supported by the Municipal Research Council, the Washington State Association of Counties, and the Association of Washington Cities.

MRSC will continue to provide high-quality, timely responses to requests for assistance from cities and towns. Services to cities and towns will not be diminished in any way by the addition of the county program. Washington counties will pay for their fair share of services received from MRSC. The legislature has appropriated $625,000 from the counties’ share of the liquor excise tax to fund county services for the 1997-99 biennium. Some costs will be shared: library services, administrative support services, and computer and Internet services. Our goal is to deliver quality services to both cities and counties.

The Municipal Research Council is the governing state agency responsible for policy and fiscal oversight of programs and services for cities and now counties. The Council is currently composed of 18 members: four from each chamber of the state legislature, nine elected city representatives, and one Governor’s representative. The Association of Washington Cities submits city nominations for appointment by the Governor. Five elected county officials will be added to the Council - three by nomination of the Washington State Association of Counties, and two by nomination of the Washington Association of County Officials. MRSC contracts with the Municipal Research Council to provide the services specified in the enabling statute.

MRSC will add staff to address county demands for service. We expect that counties and cities will use the same programs andservices: inquiries, library services, publications, and the MRSC Web site.

The inquiry program provides quick, competent technical advice and information on most aspects of local government. Last year our staff responded to about 7600 requests for assistance. MRSC staff experience includes municipal law, budget and finance, public management and administration, public works and utilities, and growth management and planning.

Our library contains the state's largest collection of municipal reference materials, with more than 12,000 volumes. Materials available to local officials include copies of ordinances, codes, budgets, financial reports, studies, zoning codes, and comprehensive plans. MRSC has samples documenting just about every function of local government.

Publications produced by MRSC cover emerging issues and include comprehensive reports on local governance procedures and operations. Many of these publications already address issues that are relevant to counties. We will work with county officials in developing new titles that address county needs.

MRSC’s Web site at http://www.mrsc.org currently serves more than 12,000 users per month. This information-packed site includes the Revised Code of Washington, Washington Administrative Code, city and county codes, ordinances, and a wealth of information relevant to local governments in Washington State.

We think the added responsibility of serving counties will result in even better, more cost effective services to cities and towns. Additional staff resources will give us more depth and expertise, our document collection will become more comprehensive, and our Web site more extensive. MRSC staff looks forward to serving county officials and staff. We are excited by this new opportunity and challenge and are committed to providing excellent, quality programs and services. Please join us in welcoming the counties to MRSC.

Bellingham Curfew Ordinance Held Unconstitutional

On June 2, Division One of the Washington State Court of Appeals held that Bellingham's juvenile curfew ordinance "infringes on minors' fundamental freedom of movement and expression and is not narrowly tailored to address the problem of juvenile crime." State v. J.D., DOB 5-22-79, No. 367897-8-1 (June 2, 1997). The court also decided that the ordinance is unconstitutionally vague. Under theBellingham ordinance, minors 15 years old or younger are prohibited from being in any public area of the city's central business district between 10:00 p.m. and 5:00 a.m. Sunday through Thursday and 11:00 p.m. to 5:00 a.m. Friday and Saturday. Minors in certain specified situations are exempt from the curfew. It is not known at this time whether Bellingham is considering appealing the court's decision.

The court's decision clearly calls into question the constitutional validity of the curfew and parental responsibility ordinances that have been enacted by many cities and towns in the state. If your city or town has enacted a curfew or parental responsibility ordinance, MRSC recommends that your city or town attorney be consulted concerning the impact of this decision.

Bellevue Adult Entertainment Ordinance Upheld (Mostly)

On May 1, the state supreme court issued its long-awaited ruling on the restrictive Bellevue adult cabaret ordinance (Ino Ino v. Bellevue, 131 Wn.2d ___). The court upheld the four-foot distance rule for "table dances" and "couch dances," and the eight-foot distance rule for stage-performed nude dances. The court also upheld the minimum lighting requirements of the ordinance. However, the court struck down a provision of the ordinance that establishes a 14-day waiting period for issuance of a licence to an operator of an adult cabaret. The opinion is lengthy, as is the dissent by Justice Sanders.

Robert's Rules of Order - is There a Simpler Alternative?

Many city councils have adopted one of the three editions of Robert's Rules of Order as their basic rules of procedures. Unfortunately, the more recent editions of that basic book have become longer and more technical, with the latest edition growing to just over 700 pages. Is there a simpler alternative? Yes. If you have been frustrated by some sections of Robert's Rules of Order, such as the complex rules concerning a motion for rEconsideration, you might want to check out The Standard Code of Parliamentary Procedure, 3rd Edition, by Alice Sturgis. It is less technical and more user-friendly, while still covering all of the basic procedures. Every city council has the authority to adopt their own rules of procedure, so this is an option to consider. The Standard Code of Parliamentary Procedure is published by McGraw-Hill and is readily available in paperback.

Reserve Your Name on the Web

Municipal Research News
June 1997

Even if you do not have plans for a Web site in the near future, you may want to reserve a domain name that contains your city or county name, before a business or individual lays claim to that name. The domain name determines the address (URL) that someone enters into their Web browser software to get to your Web site. Typically, a city would have a domain name of the form ci.cityname.wa.us; the county form would be co.countyname.wa.us. For example, the domain name for the city of Seattle is ci.seattle.wa.us, and the URL for the city’s Web site is www.ci.seattle.wa.us.

But in order to register a domain name, you need to enter the address of an Internet provider’s "domain name server." If you do not have a provider, you obviously do not have this information. For this reason, several services on the Internet provide virtual server addresses until you have your own provider. A fee of about $50 is charged for this service.

Instead of paying this fee, MRSC can provide you with the server address of our Internet provider. In this way, you can provide all necessary information directly to the InterNIC (national registry of domain names) without paying an intermediary a service fee. You will, however, need to pay the InterNIC’s own fee which is $100 for the first two years, and $50 per year thereafter.

If you are interested in reserving your domain name, please call Fred Ward at MRSC for more detailed instructions on the procedure.

Exploring the 'Net

Local Government Information on the Web
MRSC staff shares favorite resources

Municipal Research News
June 1997

Searching the Internet for local government information can yield rich rewards or be a frustrating experience. Sometimes your searches produce thousands of documents, many of which are irrelevant; other times, you find just the right thing.

This article provides a few hints, based on the experience of MRSC staff, for finding information related to local government on the Internet. We don't know how successful city and county officials have been in finding local government information on the Internet, but at MRSC we are using the Internet regularly to do research and locate local government documents, laws, and regulations. We've found information on the World Wide Web on topics as varied as the regulation of wolf hybrids, bicycle trails, and neo-traditional neighborhood development.

MRSC's home page (http://www.mrsc.org) is a good starting point, and many of you already visit it regularly. Our home page also includes an extensive list of links that can connect you to many other local government sites (http://www.mrsc.org/byndmrsc/byndmrsc.htm). Some of our favorites are:

  • Home Page Washington (http://www.wa.gov/), a comprehensive guide to Washington state government

  • Seattle Public Library's searchable U.S. city and county codes (http://www.spl.org/selectedsites/municode.html)

  • Public Technology Inc.'s state and local government links (http://pti.nw.dc.us/AllAboard.htm)

  • Planning and Architecture Internet Resource Center (PAIRC) by the State University of New York at Buffalo (http://www.arch.buffalo.edu/pairc/), a comprehensive site for planning and architecture-related resources

  • National Association of Counties (http://www.naco.org/), especially the model programs database.

Electronic Discussion Lists

Electronic discussion lists, also known as listservs, E-mail lists, and discussion groups, are powerful tools for elected officials. They provide an opportunity for a group of people who share common interests to communicate, via the Internet, with others who share that interest. The localgov listserv sponsored by MRSC is a good place to post general questions about hot issues facing cities and counties. When we send an E-mail message requesting information on a particular topic, we always get at least three responses. A good listserv thrives on participation and sharing; if you post a lot of questions, it's a good idea to share what you've learned with others on the list.

MRSC has compiled a list of local government related listservs, which is available at our Web site. A good general resource is Liszt (http://www.liszt.com), a mailing list directory that includes a search option. Basic information on how to subscribe to the listservs is included below; more detail is available at our Web site. Even if you only have Internet E-mail but not full Web access, you can take advantage of these discussion groups.

A sampling of some of the popular local government listservs includes:

  • LOCALGOV

    This list is sponsored by MRSC and covers a broad range of local government topics. It is intended primarily for local government officials, municipal leagues and nonprofit associations to share information, innovations, and inquiries. To subscribe, send E-mail to listproc@wln.com with the message: "subscribe localgov [Your Name]".

  • GOVMANAG

    Government managers at all levels discuss managerial excellence, leadership, career development with emphasis on real world experiences and practical ideas. To subscribe, send E-mail to listserv@list.nih.gov with the message: "subscribe GOVMANAG [Your Name]".

  • GOVPUB

    This is an open discussion forum for state and local providers of public information in digital formats. To subscribe, send E-mail to "listserv@listserv.nodak.edu" with the message: "subscribe govpub [Your Name]".

  • MUNINET

    One of several Listservs sponsored by FinanceNet, a service of the National Performance Review, it covers issues related to municipal financial management including accounting, bonds, revenues, taxation, budgets, fees, audits, and payroll. Others of interest to local governments are: GFOA(Government Finance Officers Association) and PERF-MEASURES, which focuses on performance measures. To subscribe, send E-mail to listproc@financenet.gov with the message: "SUBSCRIBE MUNINET (or GFOA or PERF-MEASURES) [Your Name]".

  • CD4URBAN

    This list focuses on planning and development and is sponsored by the Community Development Society. To subscribe, send E-mail to listproc@u.washington.edu with the message: "subscribe cd4urban [your name]".

  • MUNI-TELECOM

    This mailing list, sponsored by the Center for Civic Networking (http://civic.net/lgnet/telecom.html), covers the design, use, and policy of municipal telecommunications networks including regional networks. To subscribe, send E-mail to majordomo@civicnet.org with the message: "subscribe muni-telecom".

Searching the Web

If you already have some familiarity with the Internet, you have probably heard about and used Web search engines, such as Yahoo, Alta Vista, Excite, or HotBot. Search engines index millions of Web pages and provide a quick way to find information. There are two basic types of search sites: (1) Web indexes, which allow you to enter key words and phrases, and (2) Web directories that provide links to sites and are organized hierarchically by subject, such as Yahoo. Most Web browsers, including Netscape, Microsoft Explorer, and Mosaic, will provide you with a button or menu option to connect to the search engines.

Web Search Engines

Name

Web Address

# Sites Indexed

Comments

Alta Vista

www.altavista.digital.
com

31 million

Using advanced search options is recommended

Excite

www.excite.com

50 million

Rated the best general purpose search site by PC Magazine

HotBot

www.hotbot.com

54 million

Works well for phrase searches and delivers good results with simple searches

Infoseek

www.infoseek.com

1.5 million

Provides a variety of database options but indexes fewer sites

Lycos

www.lycos.com

66 million

Best for multi-media and still images; other search engines may be better for text

Magellan

www.mckinley.com

6 million

Emphasis is on reviews of sites

MetaCrawler

www.metacrawler.
com

Unknown

Searches across 9 search engines; provides fast or complete search options

Open Text

index.opentext.net

20 million

Useful for simple keyword or phrase searching

WebCrawler

www.webcrawler.com

2 million

Useful for general searching and Web site reviews

WWW Worm

www.cs.colorado.com

3 million

Somewhat limited in its usefulness

Yahoo!

www.yahoo.com

370,000

Best Web site directory; excellent starting point for finding Web content

Source: Adapted from "The Netsearcher's Ultimate Cheat Sheet," PC Magazine, December 3, 1996

Not all search engines are created equal. In December of 1996 PC Magazine rated Excite, HotBot, and Yahoo as the top three Web search engines. We have also found WebCrawler and AltaVista to be useful. If you are seeking information on a general topic, such as transportation or telecommunications, we suggest starting with Yahoo. We have found that the various search engines produce different results, and we encourage you to use several for a search, particularly when the first one you try does not retrieve relevant information. To obtain more precise results, you may also find it helpful to learn the advanced search options for the search engines you use most frequently.

In addition to these general search sites, many home pages have a built-in search engine that allowsyou to search the material available on a particular site. MRSC has such a search engine, and it is a useful tool to explore within MRSC's Web pages.

For More Information

If you find the Internet daunting, it's time to brush up your skills. Community colleges are a good resource for introductory classes on the Internet. Many training options are available on line, such as "Make the Link Workshop," an eight-week workshop conducted by E-mail (for information see http://www.bearfountain.com/arlington/). Also, many public libraries offer access to the Internet and can help you in locating classes, books, and magazines about the Internet. Internet World is an excellent monthly periodical that covers the myriad issues related to the Net.

Selections from the MRSC Library

This list includes only a few of the MRSC Library's holdings on the Internet and World Wide Web.

These publications are available to Washington State municipal employees and elected officials by contacting the MRSC Library at (206) 625-1300 or via E-mail to mrsc@mrsc.org.

Developing and Delivering Government Services on the World Wide Web: Recommended Practices for New York State, by Sharon S. Daws, et. al; Center for Technology in Government, Albany, N.Y., 1996. A World Wide Web design guide for governmental entities. [IS 6.1012 D48 1996]

Finding Government Information on the Internet: A How-to-do-it Manual, edited by John Maxymuk; New York, Neal-Schuman, 1995. History of the GPO and access to government information with an introduction to new methods of electronic and Internet information access. [IS 6.0000 F65 1995]

Legal Research on the Internet: A Simple, "How To" Guide for Courts and Attorneys, by Bradley J. Hillis, Legal Analyst; Olympia, WA., Washington State Office of the Admin. of Courts, 1996. A memo for lawyers listing World Wide Web and Gopher Internet sites across the country being used for legal research. [IS 6.0000 L33 1996**]

Selected References on Internet Usage and E-mail Policies [compilation], Municipal Research and Services Center; Seattle, MRSC, 1996. [PE 6.7100 S454 1996]

Surfing the 'Net: A Local Government Guide to Internet Connection, Public Technology, Inc.; Washington, D.C., 1995. [IS 6.0000 S955 1995]

The World Wide Web Complete Reference, Rick Stout; New York, Osbourne/McGraw Hill, 1996. A comprehensive guide to the World Wide Web including how to get started with the Web, creating Web pages, authoring HTML pages, doing business on the Web, and a guide to businesses on the Web. [IS 6.1012 W671 1996]

Carol Tobin
MRSC Planning Consultant

Electronic Home Monitoring

The following article is submitted by Correctional Options Services, a division of the Washington Association of Sheriffs and Police Chiefs (WASPC). It is a follow-up to an article that appeared in the December "Heads Up" column regarding electronic home monitoring.

WASPC’S Electronic Monitoring Program, established in 1991, is the single largest provider of home detention electronic monitoring equipment and services in the State of Washington. WASPC currently provides state-of-the-art electronic monitoring equipment and services to approximately 85 municipalities statewide. Service is provided on a by-the-day basis, which means contracting agencies are not required to purchase equipment or pay up-front costs in order to obtain service. WASPC’S unique program allows contracted agencies the ability to acquire the latest in technology in the rapidly expanding and ever changing electronics field. WASPC will automatically upgrade or replace existing equipment as new technology becomes available.

Correctional Options Services is a division of the Washington Association of Sheriffs and Police Chiefs. The Correctional Options Program is designed to provide information, equipment, technical assistance, and services regarding correctional options, such as electronic monitoring and day reporting or day fine programs, toall segments of the criminal justice system.

Anyone interested in learning more about programs offered by WASPC’S Correctional Options Services, should contact Linda Kelley, at [360] 586-3221.

Heads Up
Emerging Information for Cities and Towns

Municipal Research News
June 1997

This quarter's column shares some interesting statistics on two generations at opposite ends of the spectrum, the baby boom generation and Generation Y. These two generations are impacting and will continue to impact our communities in new and different ways. We're also sharing more "Success Stories" - creative ways in which local governments are trying to save money. Be sure to check out our Web site at http://www.mrs.org/subjects/management/success.htm for more stories.

Graying of Washington

U.S. Census Bureau data indicates that Washington State’s retirement-aged population (over 65) will increase 97.1 percent between 1995 and 2020. Only three other states (Arizona, Nevada, and Colorado) are projected to have a greater percentage increase in their older population. A surge in retirements should start around 2010 as the leading edge of the baby boom generation turns 65.

As the population ages, our communities will experience different demands for housing, transportation, recreation, and other services. There is already evidence, for example, that developers are not keeping up with the demand for retirement and assisted living centers in the Northwest. Communities everywhere will have a larger percentage of their population living on pensions, Social Security checks, and other retirement income. Many communities try to attract affluent retirees because they spend money and do not require many governmental services. However, they also do not like taxes and are likely to say so at the ballot box.

We would like to hear from cities and towns that are addressing the impact of this demographic trend on municipal services.

And Now Generation Y

The United States is experiencing a population burst unlike any seen since the heyday of the baby boom. The annual number of births started rising around 1980, ending the "baby bust" decade of the70s. From 1989 to 1993, births in the United States exceeded four million for the first time since the early 1960s. Over the past few years, we have all heard tales about communities who are not prepared to meet this new demand on their school systems. Washington’s Growth Management Act may have assisted some communities by providing the authority to impose impact fees to assist school construction.

Changes in families, the work force, and technology will shape this generation in unpredictable ways. Nearly 60 percent of children under the age of six have mothers who work outside the home, compared to just 18 percent in 1960. About 61 percent of children aged three to five are attending preschool compared with 38 percent in 1970. Births to unmarried women coupled with current divorce rates mean that a significant portion of this generation will spend at least a part of childhood in a single-parent home. This generation will never know a world without computers. Nearly 60 percent of households with children under age seven have personal computers. This generation will determine how the baby boomers will live in their old age.

Term's Up

Look for big changes in the Washington State Legislature in 1998 when 53 of 98 members cannot run for reelection in the House of Representatives because of term limits. Maine and California were the first states to face the impact of term limits. In California, for example, the turnover in the Assembly was 44 percent from 1994 to 1996, although not solely from term limits. In 1998 time will run out for legislators in eight state chambers: the California Senate, Colorado House and Senate, Montana Senate, and the Houses in Arkansas, Washington, Oregon and Michigan. Prepare your filing fees!

Police Park Patrol Program

Bellevue - The summertime Police Park Patrol Program began in the summer of 1994. The unit is staffed with six civilians, one of whom functions as a field supervisor. The five officers, who are college-aged individuals, patrol the over 54 parks in the city between May 1 and September 5, either on foot or on bicycle. They assist park users, warn park rule violators, and ask for voluntary compliance with park regulations. The part-time employees wear uniforms, carry police radios, but have no police powers. They serve as additional eyes and ears for the police department. The park patrol officers handle many types of incidents and complaints that police officers previously responded to, such as skateboarder complaints, minor damage incidents, dogs off leash complaints, minors in the park after closing, etc. By having the park patrol handle minor complaints in the parks, the neighborhood policeofficers have more time to handle the more serious problems.

For more information, please contact Captain Bill Thomas at (425) 452-2821.

Volunteer Handicapped Parking Enforcement Program

Bellevue - In an effort to augment enforcement capabilities for handicapped parking violations, the Police Department, through its Traffic Section, developed and implemented a Volunteer Handicapped Parking Enforcement Program that began in May of 1995. The program involves the recruitment and training of ten civilian volunteers who receive limited police commissions to enforce handicapped parking ordinances within the city. Compliance through education is a priority with this program, and a major part involves educating property owners and managers and obtaining handicapped parking sign compliance.

Volunteers patrol in pairs throughout the city, using their own vehicles. The total hours of work provided by these civilian volunteers exceeded 1,050 in 1996 and stands at 203 through March of 1997. The Volunteer Handicapped Parking Enforcement volunteers issued 95 citations in the first three months of its existence in 1995 and 375 in 1996. The enforcement that these volunteers provide could not be accomplished with existing department staff.

For more information, please contact Major Tim Johnson, Traffic Section (425) 452-6940.

The City of Woodinville Takes to the Streets

Woodinville - City staff now have a quicker, quieter, and more Economical way to reach their customers. The city recently purchased a mountain bike for staff use to get around town for official business and for special events. The bicycle is an alternative mode of transportation that brings a unique identity to Woodinville. The city's new set of wheels has definitely come in handy for special events sponsored by Woodinville. A recent parade along the city's downtown arterial allowed staff to distribute road closure notifications to businesses along the downtown corridor quicker than it would have taken to drive a city vehicle, park it, and hand deliver the fliers. This outreach to the business community proved positive when staff heard comments such as "cool bike" and "glad to see the city is environmentally sensitive." For the city's upcoming Fourth of July Fireworks show, the bicycle will again get staff quickly from one site to another. It's a known fact that bicycles save time. If the commute is less than four miles, a bicycle is probably as fast as a car or bus (and you don't have to sit in traffic!). Bicycles are non-polluters too! As for savings, the bike has the potential to reduce the demand for using cityvehicles and reduce the reimbursement for business use of personal vehicles.

For more information, contact Marie Stake, Community Services Coordinator, at (425) 489-2700, ext. 245 (email: comments@woodinville-city.com)

Olympia Day Reporting Center Pilot Program

Olympia - Looking for jail alternatives? The Olympia Day Reporting Center, a pilot program with the Olympia Municipal Court, is proving to be a successful alternative to the high costs of incarceration for certain misdemeanor offenders. Since its inauguration in September 1996, the program has: prevented the expenditure of over $440,503 in jail costs with the use of the Intensive Supervision Program (ISP), saving over 8,140 jail bed days; provided over 1,500 hours of supervised labor to city departments with the Work Crew Program valued at over $9,800; and managed over 7,300 hours of community service in both nonprofit and tax supported agencies, valued at over $36,725. Centralized probation services provide immediate and appropriate sanctions to misdemeanor offenders while supplying a cost savings and labor-ready pool for the community. Cost to the city of Olympia? At $11,600 per month for staff and workspace, the Day Reporting Center has shown a combined savings to the Olympia community in "non-expended funds" of over $487,028. That's $6 "saved" for every dollar spent! Sound like something your jurisdiction might use?

For more information about the program, contact Sue White, Court Manager, at (360) 753-8312.

Web News

Use of the MRSC Web site (www.mrsc.org) continues to climb beyond our expectations; currently more than 12,000 people use the site each month. Many of you have expressed your appreciation for the breadth and quality of content on the site, and the municipal leagues in Wisconsin and Virginia have stated that they plan to use our site as a model in developing their own Web sites. MRSC was also bestowed four "notches," the top rating in the premiere issue of "MuniNet Guide & Review" which reviews municipal-related Web sites. We continually strive to improve the site to meet your needs, and appreciate any suggestions you may have.

MRSC staff regularly adds information on new topics to the site (see Index following this article.). The WAC, RCW, and municipal codes remain very popular features. The list of cities making the full text of their municipal codes searchable through the MRSC site now stands at 15 and continues to grow. We have also recently expanded the database of Frequently-Asked Questions (FAQs) that you may search by keyword.

If you aren’t sure where to find what you’re looking for, start your visit by clicking on the Search button at the top of any page. You may either enter a single word such as energy, or you may enter a phrase such as "impact fees" within quotation marks. In response, you will get a list of the titles of all pages on the MRSC site with your term or phrase. Click on the title to see the text of the document.

If you are seeking sample ordinances in particular, you have two ways to conduct your search. You may begin with the Ordinance Summary Database (1990 - present), and search summaries of substantive ordinances in the MRSC library. If the full text of the ordinance is available online, you will see a link from the summary to the text. In most cases, however, you will need to request a paper copy from the library, either by E-mail or by phone. Or you may begin your search by using the Search button mentioned above, and changing the index to be searched from Index to Ordinances. You will now be searching the text of ordinances that are available full text on the site, rather than the more extensive list of summaries in the database. Feel free to contact Fred Ward at MRSC with any questions about searching the MRSC Web site.

If you will be attending either the AWC or WSAC Annual Conferences in Spokane this month, we look forward to seeing you at our booth where you may see a demo of the Web site and databases, or ask any questions you may have about the site.

Fred Ward
Information Services Specialist

Web Site Index

For complete information on these topics, go to http://www.mrsc.org.

Ask MRSC

This column contains summaries of recent inquiries answered by MRSC consultants.

Admissions tax - May a city or county apply its admissions tax to the activities of a church or other religious organization for which an admission charge is imposed?

Yes, a city may apply its admissions tax to the activities of a church or other religious organization for which an admission charge is imposed. The statute authorizing a city to impose an admissions tax, RCW 35.21.280, and that authorizing a county to do so, RCW 36.38.010, provide an express exemption for activities of elementary or sEcondary schools, but for nothing else. Although a number of local jurisdictions do exempt religious organizations from their admissions tax, there does not appear to be any legal reason that a city or county must provide such an exemption.

Americans With Disabilities Act - Does the ADA apply to churches?

The "public accommodations" provisions of Title III of the ADA do not apply to religious entities, but the employment provisions with respect to their hiring employees (Title I) do apply. Note, however, that groups or individuals who rent space from churches are covered by the ADA if they operate public accommodations.

Annexation - Must a city council approve a proposed annexation of a territory within the city's urban growth area?

No. The fact that territory has been designated to be within an urban growth area does not take away a council's discretion in deciding whether or not to annex it. Annexation is a legislative, policy decision for the council. It may be, for example, that thecouncil feels that more development should occur in an area before it is annexed or that some other prEcondition should occur first.

Bidding - Must a town call for bids for tractor equipment costing $18,000 if the contract is structured as a lease with option to purchase?

Yes. RCW 35.42.220 (which applies to towns, sEcond class cities, and code cities less than 20,000 in population) specifically provides that a lease with an option to purchase must be treated as a purchase for purposes of the bid law. In this case, the cost of the equipment exceeds the bid threshold for equipment purchases.

Bidding - May an engineering firm which did the design work for a public works project bid on the construction?

Yes. This is not a design/build situation; the engineering firm did the design work and prepared the specifications prior to the project being put out to bid. That same firm can be involved in the construction and bid on the project as long as its prior design work does not give it an unfair advantage in the bidding process.

Bonds - Is a bond required when a city or county contracts for custodial work?

There are no requirements in the statutes for a bond on a service contract. However, requiring a bond would be prudent. It would protect the city or county against damage caused by the workers or theft of public property.

Conflict of Interest - May a city councilmember file a petition to vacate a street in front of his or her house?

There is no legal reason why a councilmember may not petition a city or town to have a street or alley adjacent to his or her residence vacated. However, the councilmember should not participate in any way in the discussion, hearing, or vote on the vacation when it is before the council, because the councilmember would have a conflict of interest. That conflict exists since a street vacation directly affects the financial value of real property.

Mayor's veto power - Does the mayor of a mayor-council, noncharter code city have a line item veto for ordinances?

No. The veto power of a mayor of a mayor-council, noncharter code city extends to entire ordinances only. RCW 35A.12.100. There is no statutory provision granting the mayor a line item veto.

New hire reporting - What is the Personal Responsibility and WorkOpportunity Act (PRWORA) and what does it require?

The PRWORA is federal legislation signed into law on August 22, 1996. This legislation states that, beginning October 1, 1998, employers, including public employers, are to provide information on all new hires to the state to assist with the enforcement of child support orders. The State of Washington already has a similar law in effect, which establishes a "state support registry" and which requires (since 1990) employers to report new hires covered under certain Standard Industrial Classification Codes (SICs) to the Division of Child Support (DCS) in the State Department of Social and Health Services. Chapter 26.23 RCW. Under the current state law, employers must report if they operate within one of the following six SIC Codes:

    SIC Industry
    15 General Building
    16 Highway & Heavy Construction
    17 Special Trades
    37 Manufacturing (of transportation equipment)
    73 Business Services (except temporary help code 7363)
    80 Health Services (with certain exceptions)

See RCW 26.23.040. So, if your city or county has employees that are classified under one of the above SIC codes, you are required to report new hires in the above categories. The federal law applies to all new hires. DCS will be notifying employers about the new reporting requirements before the federal law takes effect.

Ordinances - What ordinances in a code city may not be passed at the same meeting at which they are introduced?

An ordinance granting a franchise may not be passed at or within five days of the meeting at which it is introduced. RCW 35A.47.040. Also, an ordinance authorizing expenditures for emergencies other than "nondebateable emergencies" (e.g., floods, earthquakes, riots) may not be passed until five days after its introduction. RCW 35A.33.090.

Regulatory reform - May a developer waive the time requirements in RCW 36.70B.090 for processing of a project permit application?

While it may be possible for a project permit applicant to waive the 120-day time requirement in RCW 36.70B.090, it is probably better for the applicant and the city or county to agree on a specific time extension. Mutually agreed upon time extensions are specifically authorized in RCW 36.70B.099(1)(d).

Satellite dish regulation - Is local regulation of satellite dishes smaller than one meter still permitted under the federalTelecommunications Act of 1996?

Under the authority of the Telecommunications Act of 1996, the FCC has developed rules preempting local regulation of satellite dishes less than one meter in diameter These rules prevent many of the types of restrictions that local governments may have applied in the past, including requirements for obtaining permits or paying fees, requirements for costly landscaping, or siting requirements that result in impairment of reception. However, the rules allow some exceptions to the federal preemption. For example, a regulation requiring that antennas be placed to the extent feasible in locations that are not visible from the street would be permitted, if this placement would still permit reception of an acceptable quality signal. Although expensive landscaping may not be required, a requirement to paint an antenna to blend with the background would likely be acceptable. Restrictions can also be imposed to preserve character in historic areas that are listed or eligible for listing in the National Register of Historic Places.

Local governments can impose restrictions for legitimate safety reasons even if they impair reception. Examples include fire code requirements prohibiting placement on fire escapes, setbacks from power lines, electrical code requirements that antenna wiring be grounded, standards for fastening antennas to masts, or restricting placements that create visual obstructions for traffic. The safety reason for the restriction must be documented in writing, and the restriction may not be more burdensome than is needed to ensure safety.

Utility Charges - What is the procedure for a city or county to recover unpaid utility charges when real property is sold?

Legislation enacted in 1996 and codified in chapter 60.80 RCW establishes a procedure for utilities to collect unpaid utility charges when property is sold. The procedure is initiated by the closing agent, who must submit to each utility identified by the seller a written request for an estimated or actual final billing regarding the property identified. If the services of a closing agent are not engaged when property is sold, this statutory procedure is not triggered.

The utility must provide a written estimated or actual final billing within seven business days of the receipt of the request, if the request was mailed, or within three business days if the request was faxed or delivered. If the utility does not follow these timelines, any unrecorded lien for utility charges is extinguished and the utility may not recover unpaid charges against the purchaser. \ The utility may still, however, recover unpaid charges against the seller of the property. See RCW 60.80.020 for the complete procedures.

1997 Information Technology Survey

Forty-three percent of Washington’s 275 cities and towns responded to the sEcond annual MRSC Information Technology Survey. Of those responding, 23% are under 1,000 in population, 32% between 1,000 and 5,000, 23% between 5,000 and 10,000, and 22% over 10,000. (Compare to actual distribution of all cities: 34%, 33%, 14%, and 20% in the respective categories from small to large.)

Increased Internet access represents the greatest change from last year. Fifty-five percent of cities and towns have Internet access, up from 28% in 1996. Among cities less than 1,000 in population, only 2 of the 25 (8%) responding cities had Internet access. This jumps to 51% for cities between 1,000 and 5,000, and to 100% for cities over 25,000.

Twenty-seven percent of the responding cities maintain home pages on the Web. This rises steadily from 0% of the cities under 1,000 to 69% of the cities over 25,000. Only three of these cities maintain a Web server at the city, the rest maintain sites on another server.

In the area of software, more cities are using Microsoft products than in the past. In previous surveys, we have found a fairly even split between WordPerfect and Word, but now find that 66% use some version of Word, and 45% use some version of WordPerfect (some use both). Many cities have upgraded from Windows 3.x to Windows ‘95: 54% use the former on at least one computer while 62% use the latter on at least one computer. For Network operating systems, however, Novell NetWare remains most prevalent: 65% of cities and towns use some version of Novell NetWare or IntranetWare, and 21% use Microsoft NT.

When asked about your information technology needs, far and away the two most frequent responses were software training and Internet access. Other frequent responses included funding issues, workstation and server software upgrades, new or expanded computer networks, development of an Information Technology Plan, Year 2000 issues, GIS, and a telecommunications policy.

Watch for a more detailed listing of the survey results in the Information Services area of the MRSC Web site.

What's in a Name?

Pe Ell (pee-EL) - Town on the Chehalis River, south of Chehalis in Lewis County. The town was platted in the 1880s by Omar Mauermann on his homestead on Pe Ell Prairie. The prairie's name was adopted as the town name in the belief that it was an Indian word. However, it was later discovered that Pe Ell was an Indian distortion of the French name Pierre. French-Canadian Pierre Charles had pastured horses in this area in the 1850s, and the Indians called the prairie after him. Their distortion of the letter r to an l sound resulted in Pierre becoming Pe Ell.

Medical Lake - City on Medical Lake, southwest of Spokane in Spokane County. In 1859, the settlement was started by Andrew Lefevre, a prospector. It became a resort center for Spokane residents, and later became the site of Eastern Washington State Hospital. It was named for the lake on which it is located. The Lake, named by settler Stanley Hallett for its medicinal properties, had been used by the Indians as a cure for rheumatism.

Sources: Washington State Place Names, by James W. Phillips, University of Washington Press, 1971; Place Names of Washington, by Robert Hitchman, The Washington State Historical Society, 1985

Publication Corner

Coming soon to your city... Infill Development: Strategies for Shaping Livable Neighborhoods, Report No. 38 and Open Public Meetings Act: How It Applies to Cities, Towns, and Counties, Report No. 39.

Look for them shortly!

Resource Sharing
Information Partnership Program

A special thanks to the following Information Partnership cities for all the useful and inspirational work that they contribute to MRSC and other cities around the state: Anacortes, Auburn, Bainbridge Island, Bellevue, Bellingham, Camas, Coulee Dam, Coupeville, Davenport, Dayton, Deer Park, Des Moines, East Wenatchee, Ellensburg, Federal Way, Grand Coulee, Kennewick, Kirkland, Leavenworth, Mill Creek, Olympia, Omak, Palouse, Port Angeles, Port Townsend, Poulsbo, Soap Lake, South Cle Elum, Tumwater, Vancouver, Winthrop, and Yakima. Last year MRSC answered over 7600 inquiries on topics relating to all facets of localgovernment, and these cities helped us to help all of you.

The Information Partnership Program currently seeks materials from the cities and towns of Washington; we plan to expand this program to include counties. The materials received provide answers and support to the challenges faced by municipalities every day. You may order the materials below by contacting the MRSC library at 1-800-933-6772 or (206) 625-1300, fax (206) 625-1220, or E-mail us at mrsc@mrsc.org.

Ambulance & Mutual Aid Service Forms

Anacortes - Agreement between Skagit Emergency Medical Services Council and city of Anacortes (Anacortes Fire Department (ALS Service). City provides Advance Life Support (ALS) ambulance services [10 p.], 4/95. (H 2.1000); Interlocal agreement providing ambulance service between City of Anacortes and Public Hospital District #2 [10 p.], 7/87. (H 2.1000); Memorandum of understanding between Skagit Emergency Medical Services (EMS) Council and city of Anacortes on duties and responsibilities of providing ALS ambulance services [4 p.], 4/95.

Port Angeles - Memorandum of understanding between United States Coast Guard Air Staion Port Angeles and City of Port Angeles Fire Department [2 p.], 8/96. (PS 3.7200); Memorandum of understanding master mutual aid agreement for the provision of emergency services to areas of Clallum County [5 p.], 4/96. (PS 1.0000)

Budget Development Guidelines

Port Angeles - 1997 Operating budget instructions using Lotus 1-2-3 [34 p.], 8/96 (F 3.2200)

Yakima - 1996 Budget - Preliminary guidelines [7 p.], 7/95 (F 3.2200)

Development Maintenance Agreements & Bonds

Anacortes - Maintenance agreement [2 p.], 1986. (PL 2.1400)

Bellevue - Clearing & grading abatement security instructions and assignment of savings [4 p.]; Landscape maintenance security assignment of savings [1 p.]; Permission to enter property and perform work [1 p.]. (C 7.0000)

Camas - Maintenance bond from RTB Development [2 p.], 1/97. (PL 2.1350)

Deer Park - Amended water agreement with Warren Developments, Inc.[10 p.], 8/25/95. (UW 1.6000); Maintenance agreement with Quantum Investors, LTD., [7 p.], 6/2/94. (PL 2.1400)

Federal Way - Agreement and performance bond [10 p.], n.d. (PL 2.1350)

Olympia - Agreement to maintain stormwater facilities and to implement a pollution source control plan by and between the city of Olympia and ___, and its heirs, successors, or assigns (hereinafter "owner") [15 p.], n.d. (PL2.1400); Bond (sample form for development) [2 p.], n.d. (PL 2.1350); Performance and guarantee bond (sample form for development) [2 p.], n.d. (PL 2.1350)

Omak - Development agreement with North Omak Partnership [6 p.], 6/95; Resolution 12-95 approving development agreement: Orchards Commercial Center, Shellrock Point Partnership, North Omak Properties [ 7.], 6/95. (PL 2.1400)

Port Angeles - Public works department policy and procedures for system development charges and developer reimbursement agreements PW-208 [11 p.], 1995/96. (PL 2.1400)

Poulsbo - Maintenance agreement - frozen fund [7 p.], 12/94. (PL 2.1400); Maintenance agreement - receipt for cash deposit [6 p.], 12/94. (PL 2.1400); Maintenance bond [8 p.], 04/95. (PL 2.1350)

Tumwater - Utility/Road development maintenance agreement [1 p.], 11/95. (PL 2.1400)

Employee Feedback Surveys, Organizational Health

Federal Way - Organization feedback form [exit interview] [6 p.], 9/96. (PE 4.4213)

Parks & Recreation

Yakima - Adopt a park program [7 p.], n.d. (P 4.1000 Y33 A35**)

Rates for Leased City Property

Bainbridge Island - Facility rental guidelines and ordinances [5 p.], 1996. (PP 3.2000)

Bellevue - Lake Hills Clubhouse facility information [5 p.], n.d.; F.W. Winters House facility information [5 p.], n.d.; Picnic and park use information [11 p.], n.d. (PP 3.2000)

Des Moines - 1997 Facility reservation guide [12 p.], 1997. (PP 3.2000)

Ellensburg Municipal Code Chapters 2.34 & 2.36: Park and Recreation rules and regulations (and fees) [ 10 p.], n.d.(PP 3.2000)

Omak - Amendments to memorandum of agreement and lease between city of Omak and Omak Stampede, Inc. [10 p.]. Lease agreement for city park where Omak Stampede and Suicide Race is held annually, 3/93; Lease for air operations base at Omak Municipal airport [10 p], 2/89; Resolution No. 08-94 extending the contract between the city of Omak and the Visitor Information Center (5 year lease agreement) [9 p.], 3/94. (PP 3.2000)

Port Angeles - Partial summary of leased city-owned property [1 p.], 1/31/97. (PP 3.2000)

Poulsbo - Agreement for the provision of social services and commercial lease agreement between the City of Poulsbo and Sound Works, Inc. [7 p.], 1/10/97; Commercial lease agreement between Poulsbo and friends of Bill W. [4 p.], 2/23/93; Poulsbo fire department facility use [6 p.], 6/5/91. (PP 3.2000)

Erica Zwick, Coordinator
Information Partnership Program

New Acquisitions

The MRSC library prepares a list of new acquisitions each month which is posted on our bulletin board and on our Web site at http://www.mrsc.org/library/newacq.htm. If you would like to borrow one or more of these publications, contact Julie Penny in our library at (206) 625-1300.

American Red Cross Emergency Test [videorecording], hosted by John Ritter; Rush/Winston Productions, Los Angeles, CA, Rush Entertainment Group, 1990, 1 videocassette (VHS) (47 min.), sd., col., 1/2 in. A video test on personal preparation for everyday emergency situations including home/child safety, natural disasters, recreational accidents, and public safety. [PE 1.6000 A54 1990]

Banishing Bureaucracy: The Five Strategies for Reinventing Government, by David Osborne and Peter Plastrik, Reading, MA, Addison-Wesley, 1997; xiii, 397 p. [G 9.1500 B35 1997]

The Basics of Collective Bargaining in Washington: Negotiating with Unions in the Public Sector, prepared for the Association of Washington Cities by Bruce L. Schroeder, Olympia, WA, AWC, 1996, 90 p. [PE 9.0000 B37 1996]

Benchmarking for Best Practices in the Public Sector: Achieving Performance Breakthroughs in Federal, State, and Local Agencies, by Patricia Keehley, Stevin Medlin, Sue MacBride, Laura Longmire, first edition, San Francisco, CA, Jossey-Bass, 1997, xx, 252 p. [G 9.7050 B451 1997]

Business Attraction and Retention: Local Economic Development Efforts, by Zenia Kotval, John R. Mullin, Kenneth Payne, Washington, D.C., ICMA, 1996, 92 p. A guide to establishing and maintaining business retention and attraction programs. [ED 6.0000 B871 1996]

Cellular Phone Policies [compilation], Municipal Research and Services Center of Washington Library, February 1997, Seattle, WA, 1997, 1 vol. (various pagings). [ PE 6.7100 C455 1997]

Curb Rights: A Foundation for Free Enterprise in Urban Transit, by Daniel B. Klein, Adrian T. Moore, Binyam Reja, Washington, D.C., Brookings Institution, 1997, ix, 148 p. Examines the problems with traditional urban transit systems and the alternatives which exist that could make transit a free-market system. [UT 3.4000 C97 1997]

Dealing with Sexual Harassment in the Work Place [videorecording], Richard Diercks Company, Plymouth, MN, American Business Videos, 1992, 2 videocassettes (VHS) (25 min. & 22 min.), sd., col., 1/2 in. [PE 2.1600 D43 1992 VID]

Economic Development: A Strategic Approach for Local Government, by Don Morrison, Washington, D.C., ICMA, 1995, 2 vols., 67 p. & 173 p. Designed to assist local officials involved with community Economic development understand the factors which effect local Economy and develop a strategic Economic development plan. [ED 4.0000 E36 1995]

ISTEA Planner's Workbook, prepared by Phil Braum, Hank Dittmar, Julie Hoover, et al; edited by Margaret Franko, Washington, D.C., Surface Transportation Policy Project, 1994, 175 p. A workbook that addresses the ISTEA regulations governing transportation planning, management systems and conformity with metropolitan planning. [UT 3.0000 I78 1994]

The Manager's Desk Reference, by Cynthia Barryman-Fink and Charles B. Fink, 2nd ed., New York, AMACOM, 1996, ix, 370 p. An encyclopedic guide to personnel management, from AIDS to workplace violence. [PE 4.0000 M35 1996]

Manager's Guide to Purchasing an Information System, by Roscoe Sandlin, Washington, D.C., ICMA, 1996, x, 124 p. [IS 1.3100 M35 1996]

New Uses for Obsolete Buildings, by Jo Allen Gause, et al,Washington, D.C., Urban Land Institute, 1996, viii, 178 p., ill. A look at many examples of adaptive reuse and redevelopment of large older buildings such as office buildings, factories, warehouses and malls to residential or modern commercial uses. [PL 11.4000 N49 1996]

On Selection of an Engineer : How to Find the Best Consultant for Small Water and Wastewater Projects, by Jane W. Schautz and Christopher M. Conway, Rensselaerville, N.Y., Small Towns Environment Program, 1996, 57 p. + appendices. [G 9.5100 O5 1996]

Public Works Communication Manual, American Public Works Association, Kansas City, Mo., American Public Works Association, 1997, 105 p., ill. A guide to dealing with the media and public using a variety of means including newsletters and public service spots. [PW 1.0000 P83 1997]

Resource Assistance Directory, Association of Washington Cities, Olympia, WA, AWC, 1995, 1 vol. (various pagings). Summary: A directory designed to identify grants, loans and technical assistance for community development, emergency services, energy, flood control, hazardous waste, infrastructure, planning, transportation, water quality, environmental education and public participation. [F 5.3300 R48 1995]

The Rural View on Welfare Reform: A Report from the Washington State Rural Development Council, by Ellen Hagey, February 1997, Olympia, WA, State of Washington, 1997, 76 p. [H 4.5000 R87 1997]

A Shock to the System: Restructuring America's Electricity Industry, by Timothy J. Brennan, et al, Washington, D.C., Resources for the Future, 1996, xv, 138 p. A definative guide to the history of the electric utility industry and the effect deregulation shall have in America. [UE 1.4000 S56 1996]

Your City's Families: Putting Youth in the Picture, by John E. Kyle with Carole Ashkinaze, National League of Cities, Washington, D.C., 1996, 34 p. Summary: Focuses on how building strong families can create safe communities. [H 4.2500 Y67 1996]

New Ordinances

Selected ordinances are listed in a monthly ordinance list posted on MRSC's bulletin board as well as on our Web site at http://www.mrsc.org/library/neword.htm. A database of ordinance summaries is also posted. All cities and towns are directed to send a copy fo their ordinances to MRSC for inclusion in our ordinancepool. If you would like copies of the items listed below please contact Julie Penny in our library at (206) 625-1300.

Business Licenses

Surcharge for Transportation Improvements - Redmond, Ordinance No. 1924 amends business license fees, passed 12-96. (F 5.2100)

Credit Cards

Toppenish Ordinance No. 97-2 authorizes the use of credit cards for official government purchases and acquisitions, passed 3-97. (F 1.1150)

Curfew - Parental Responsibility

Bridgeport Ordinance No. 96-480, passed 11-96; Marysville Ordinance No. 2122 regulates the hours in which minors under the age of 18 may be in or upon public streets, parks, or other public places, passed 4-97. (PS 7. 4271)

Jails

Alternative Sentencing - Electronic Home Detention Program - Port Angeles Ordinance No. 2957, passed 4-97. (PS 2.8100)

Personnel

Awards - Employee Recognition - Lacey Ordinance No. 1057 reestablishes an employee recognition program to acknowledge exceptional or outstanding work unit performance, passed 4-97. (PE 8.3100)

Ethics Code Adopted - Lynnwood Ordinance No. 2112, passed 11-96. (PE 6.2000)

Planning

Concurrency Management - Transportation Impact Fees - Issaquah Ordinance No. 2145, passed 2-97. (S 1.2320)

Landmarks Preservation - Puyallup Ordinance No. 2489 adopts a new code chapter; outlines procedures for qualifying property owners to apply for special tax valuation for substantial property rehabilitation, passed 9-96. (Pl 10.3100) [P88-2489.htm]

Purchasing

Battle Ground Ordinance No. 97-848 establishes a comprehensive policy for the purchase and disposition of goods, services, equipment, supplies, and property, passed 5-97. (F 8.1100)

Streets

Right-of-way- Pavement Cuts - Duvall Ordinance No. 801 prohibits issuance of utility installation for pavement cuts for 5 years from the surfacing or re-surfacing of street; provides graduated fee structure for emergency permits for pavement cuts 1-5 years afterpaving in addition to normal permit cost, passed 6-96. (S 5.1000)

Trees

Forests - Vegetation Management - Bainbridge Island Ordinance No. 97-07 amends forest resources provisions of municipal code, passed 2-97 (PL 5.7210)

Have a Fun & Safe Summer!