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HomeMy WebLinkAbout2023.08.21 Council Meeting Handout from J Scheline - Empire Bros Latecomers Agreementim 0 Q ►i .4 11E Development and ■ Consulting 1 ` K `�� 21 lzoa'� 1 Dear City Council Members — During the July 17th City Council Meeting, I was criticized by city staff for my lack of communication and response regarding the Empire Bros Latecomers Agreement. Prior to that meeting, we were told we could only speak to the issues of the assessment area and proportionate share and NOTHING ELSE. We respected those parameters. However, we have concerns about the legitimacy of the entire agreement and the city's responsibility as the administrator. We began our quest for information in March via FOIA request and still have not fully received everything we have requested. In May, I asked specific questions and to date have not received answers even though I have been promised answers are coming from 4 different high-level staff members. I believe the city has not provided answers because they are aware their answers will make them liable for the mistakes of staff. PMC 14.25.030 states that "Within 120 days of completion of improvements, the developer must submit the total cost to the city." City staff claims the job is not yet "complete" because they have not released the bond. However, in the Final Plat Application process, one of the Approval Requirements states that NO Certificate of Occupancy will be issued for any structure in a subdivision until ALL infrastructure improvements are COMPLETED. There is NO exception for a bond. It goes on to say, "Required infrastructure improvements must be substantially completed as approved by the City Engineer. Minor improvements consisting only of sidewalks and landscaping where applicable, or similar improvements, may be secured by a plat bond." The first Certificate of Occupancy was issued on 2/15/22 so the city deemed the infrastructure improvements complete, and the 120 -day timeclock was ticking. On May 13th the City staff was asking the developer for their final receipts and that was 509 days after the project is required to be deemed complete. I believe you should direct your City Staff to respond to our request for information in a timely manner and I place this in your hands tonight. I would like to have an answer prior to the end of the week. Thank you for your time and dedication to our city. John Scheline From: John Scheline Sent: Tuesday, August 15, 2023 12:30 PM To: Jacob Gonzalez; Richa Sigdel Cc: Steve Bauman Subject: RE: Empire Estates Latecomer's Agreement Attachments: Revised Final Plat Application_202108261010434043.pdf, CERTIFICATE OF OCCUPANCY B21-3005.pdf; FP2021-008_Plat_RECORDED (1).pdf Jacob — We look forward to your response. I am attaching 3 files to help you understand why we question the legitimacy. In the Final Plat Application on page 2 under "Approval Requirements" it says clearly, "No Certificate of occupancy will be issued for any structure in a subdivision until all infrastructure improvements are completed." I have attached BOTH the first certificate of occupancy given for this subdivision and also the copy of the final plat that was recorded on the property. If all of this is true then PMC 14.25.030 (2. H) and (3. H) states that "Within 120 days of the completion of improvements, the developer must submit the total cost to the city." The 120 days required for receipt submittal started on December 20th, 2021, which creates a big issue for the city because they only began asking for final receipts on May 13th, 2023 (509 Days after the final plat was recorded). That must be addressed and the City needs to take responsibility for the inappropriate application of their legal processes. John Scheline Project Manager B4 Development and Consulting CELL: 509.737.7826 From: Jacob Gonzalez <gonzalezjb@pasco-wa.gov> Sent: Tuesday, August 15, 2023 10:51 AM To: John Scheline <John@b4land.com>; Richa Sigdel <sigdelr@pasco-wa.gov> Cc: Steve Bauman <Steve@b4land.com> Subject: RE: Empire Estates Latecomer's Agreement John: I am working on a response to the June 26 email and hoping to have that to your team ASAP. I apologize for the length of time between your request and resolution. Regarding the contest of the latecomers process itself, I am reaching out for additional resources and assistance to verify or confirm how that can be accommodated. Thank you. Jacob B. Gonzalez I Director Community & Economic Development 525 N. P Avenue I Pasco, WA 99301 (509) 544-41361gonzaiezlbCd) pasco-wa.gov This email and your response are considered a public record and will be subject to disclosure under Washington's Public Records Act. From: John Scheline <John@b4land.com> Sent: Tuesday, August 15, 2023 10:29 AM To: Richa Sigdel <sigdelr@pasco-wa.gov> Cc: Jacob Gonzalez <gonzalezib@pasco-wa.gov>; Steve Bauman <Steve@b4land.com> Subject: RE: Empire Estates Latecomer's Agreement Importance: High [NOTICE: This message originated outside of City of Pasco -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] I am reaching out to inquire about the status of my correspondence and my concerns. In a recent City Council Meeting, I was publicly maligned by City Staff for not responding to emails and poor communication surrounding the Empire Estates Latecomer's Agreement. As of this email, it's been 50 days since I was informed I would receive a response from the City regarding my concerns. I have posed specific questions and I still haven't received a response from the City. I don't believe I am the one who has a communication problem. Our team is eager to learn more about how to contest the entire latecomer's agreement, completion dates for the project, and the city standards that were used and/or violated to push this project through. We would appreciate any viable solutions to these issues that could benefit both our client and the public in the future. Thank you for your prompt attention to this matter. John Scheline Project Manager B4 Development and Consulting CELL: 509.737.7826 From: Richa Sigdel <sigdelr@pasco-wa.gov> Sent: Thursday, July 27, 2023 7:46 PM To: John Scheline uohn@b4land.con,> Subject: RE: Empire Estates Latecomer's Agreement It was great meeting with you John. I hope to have many more these conversations that will strengthen our partnership as we move forward. Thank you Richa Sigdel Deputy City Manager (509) 544-3060 From: Richa Sigdel <sigdelr@pasco-wa.gov> Sent: Wednesday, July 26, 2023 3:00 PM To: John Scheline <John@b4land.com> Cc: Jacob Gonzalez <gonzalezib@Pasco-wa.gov>; Steve Bauman <Steve@b4land.com> Subject: RE: Empire Estates Latecomer's Agreement Hi John, I am excited to be working with Jacob in this area. Jacob and I are working to understand the department better and how best we can serve the residents of Pasco and our partners in the development community. I understand your frustration on the email you stated. I will be coming along with Jacob to meet with Steve tomorrow. Let's chat on what your organizations needs are overall and how best we can communicate to make the process better for both parties. I look forward to working with you. Thank you Richa Sigdel Deputy City Manager (509) 544-3060 From: John Scheline <John@b4land.com> Sent: Wednesday, July 26, 2023 11:03 AM To: Richa Sigdel <sigdelr@pasco-wa.gov> Cc: Jacob Gonzalez <gonzalezib@pasco-wa.gov>; Steve Bauman <Steve@b4land.com> Subject: FW: Empire Estates Latecomer's Agreement [NOTICE: This message originated outside of City of Pasco -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] Richa — Adam has requested your leadership in guiding us toward resolving the challenges we are currently encountering with the City leadership. We have been diligently waiting for the City's response to the numerous emails we have sent, including the one dated June 26th below. We have asked very specific questions and still waiting on answers. Despite our persistent follow-ups, an adequate response has regrettably not been received and today marks one month from the initial email in question. The City has assured us they will convene a meeting and respond to our concerns yet still silence from your end. Your valuable assistance in this matter would be highly appreciated as it would greatly aid us in obtaining the answers we are diligently seeking. John Scheline Project Manager B4 Development and Consulting CELL: 509.737.7826 From: Adam Lincoln <lincolna@pasco-wa.gov> Sent: Friday, July 7, 2023 8:49 AM To: John Scheline <John@b4land.com>; Jacob Gonzalez <gonzalezib@pasco-wa.gov> Cc: Steve Bauman <Steve@b4land.com>; Ann Gilbert <Ann@b4land.com> Subject: RE: Empire Estates Latecomer's Agreement Meeting on this next week. Jacob will be in touch. Adam Adam R. Lincoln, ICIVIA-CM City Manager (509) 545-3404 www.pasco-wa.gov City Hall, 525 N. 3rd Avenue, Pasco, WA 99301 © 0 © 0 d ..................................................................................................................g-io-................................................. This a -mail and any response to this a -mail may be a public record under Washington State Law and subject to inspection and copying by the public upon request. Accordingly, there can be no expectation of privacy. From: John Scheline < ohn@b4land.com> Sent: Thursday, July 6, 2023 5:47 PM To: Adam Lincoln <.incolna@Pasco-wa.Pov>; Jacob Gonzalez <gonzalezib@pasco-wa.go, > Cc: Steve Bauman <Steve@b4land.com>; Ann Gilbert <Ann@b4land.com> Subject: RE: Empire Estates Latecomer's Agreement [NOTICE: This message originated outside of City of Pasco -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] Dear Adam, I am reaching out to follow up on an email sent to you, Jacob, Jon, and Kurtis on June 26th regarding the Empire Estates Latecomer's Agreement. Stephen Bauman requested me to ask for a quick response from the City Staff. We would greatly appreciate a comprehensive response as soon as possible. We were informed on 6/27/23 the City Staff was coordinating internally before giving a response to our concerns. However, we have yet to receive a reply. We hope to work together in good faith to address our concerns and come to a resolution. Unfortunately, our talks all seem to be met with misdirection, changes in legal interpretation, and possible mishandling of procedures. Additionally, we have some concerns about PMC 14.25.050 and the financial assessment presented to our client. We are grateful for the City's response and the savings we seem to have achieved due to our inquiries (over $142,000 in savings). However, we have kindly requested from Jon Padvorac the specific Pasco Municipal Codes and supporting documents that outline the procedure for contesting the agreement. As of today, 7/6/23, we have yet to receive this information. Our goal is to work collaboratively with the City Staff to ensure all policies and procedures are being followed correctly and that the latecomer's agreement is being applied as it should be according to your own set of rules, codes, and procedures. We appreciate your attention to this matter and hope for a timely response. Thank you for your assistance. John Sche(ine Project Manager B4 Development and Consulting CELL: 509.737.7826 From: John Scheline Sent: Thursday, June 29, 2023 2:09 PM To: Jon Padvorac <padvoraci@pasco-wa.gov>; Adam Lincoln <lincolna@pasco-wa.gov>; Jacob Gonzalez <gonzalezib@pasco-wa.gov> Cc: Steve Bauman <Steve@b4land.com>; Ann Gilbert <Ann@b4land.com>; Kurtis Schliebe <schliebek@pasco-wa.gov>; John @JFEnginee ring. pro Subject: RE: Empire Estates Latecomer's Agreement Jon, I have a clear understanding of the purpose of the upcoming hearing and have thoroughly familiarized myself with PMC 14.25.050. 1 acknowledge the city's responsibility and recognize the importance of conducting the hearing within a reasonable and practical timeframe. When we initially raised our concerns and contested the preliminary assessment our focus was primarily on PMC 14.25.050 and the bloated financial assessment provided to our client. As a result of our questions, we identified a savings of $142,208.52 the city would have charged our client without a contested hearing. This substantial savings and the city's response perfectly illustrate the intended objective of PMC 14.25.050, and, as a result, our research has brought to light a significant set of issues in the process. As we have delved deeper into the matter our objective has expanded beyond simply contesting the "preliminary reimbursement area and preliminary assessment." We are questioning the overall legitimacy of the ENTIRE latecomer's agreement due to the failure of city staff to adhere to proper policies and procedures. There are checks and balances in the government structure and so I am sure you have researched the procedures and codes to contest the entire agreement. I kindly request the specific Pasco Municipal Codes and supporting documents that outline the procedure for contesting the ENTIRE latecomer's agreement. Our contention is based on the fact the city staff did not follow the prescribed policies and procedures as outlined in the PMC code. ** Please note I do not require any additional information regarding the stated purpose of the contested hearing scheduled for July 17tH John Scheline Project Manager B4 Development and Consulting CELL: 509.737.7826 From: Jon Padvorac <padvoraci@pasco-wa.gov> Sent: Thursday, lune 29, 2023 1:38 PM To: John Scheline <John@b4land.com>; Adam Lincoln <lincolna@pasco-wa.gov>; Jacob Gonzalez <gonzalezib@pasco- wa.go> Cc: Steve Bauman <Steve@b4land.com>; Ann Gilbert <Ann@b4land.com>; Kurtis Schliebe <schliebek@pasco-wa.gov>; John @JFEngineering. pro Subject: RE: Empire Estates Latecomer's Agreement John, As has been previously communicated to B4, the hearing scheduled for July 17' is to establish the preliminary reimbursement area and preliminary assessment (REF: PMC 14.25.050), and the City is obligated to conduct this hearing as soon as is reasonably practical. The scope of your emails and public records request is substantially broader than the discussion about the preliminary reimbursement area and the preliminary assessment. As a courtesy we provided a preview of our recommended proportionate share area and preliminary assessment to provide you the opportunity to review the information prior to the hearing, and help us converge on something mutually agreeable in advance. Your review and comment on this document are not a mandatory element of the hearing process, and though your active participation in the process would be helpful, you are not required to coordinate with City staff on this matter. I had asked for a response by a specific date as our intent is to send a courtesy notification to property owners containing the updated preliminary reimbursement area and preliminary assessment calculations prior to the meeting, so all the affected property owners have the opportunity to review the information prior to the hearing. If you planned to provide comments it made sense to receive those and process them prior to distributing our current calculations to the remaining property owners. Sincerely, Pasco Jon Padvorac [City Engineer Community & Economic Development 525 N. 3 d Avenue I Pasco, WA 99301 Office: (509) 545-3445 Cell: (509) 316-6636 padvo raci Cg) pasco-wa.gov This email and your response are considered a public record and will be subject to disclosure under Washington's Public Records Disclosure Act From: John Scheline <John@b4land.com> Sent: Thursday, June 29, 2023 12:49 PM To: Jon Padvorac <padvoraci@pasco-wa.pr >; Adam Lincoln <lincolna@pasco-wa.g_ >; Jacob Gonzalez <gonzalezjb@pasco-wa.gov> Cc: Steve Bauman <Steve@b4land.com>; Ann Gilbert <Ann@b4land.com>; Kurtis Schliebe <schliebek@pasco-wa.gov>; John@JFEngineering.pro Subject: RE: Empire Estates Latecomer's Agreement [NOTICE: This message originated outside of City of Pasco -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] Jon, We appreciate your efforts, however, in order for us to provide comments or establish a true critical path forward by July 5th, it is necessary for us to receive responses to our previous email and FOIA requests and allow time for a thorough review. It is vital we obtain a comprehensive response from the staff addressing our concerns before we can proceed with any additional comments, acceptance of agreements, or consensus on proportionate shares. We kindly request that you provide a clear PMC or RCW that directly addresses our refusal and outlines the potential consequences (should there be any). Such information would be taken into serious consideration. Until we receive a complete response from the staff we regret to inform you that we will not be issuing any further comments. As explicitly mentioned in my previous email, we are prepared to escalate this matter to the City Council for a discussion regarding the processes, procedures, and treatment of the city staff. We believe it is essential to address these matters thoroughly. Thank you for your understanding and cooperation. Have a great day. John Scheline Project Manager B4 Development and Consulting CELL: 509.737.7826 From: Jon Padvorac <padvoraci@pasco-wa.gov> Sent: Tuesday, June 27, 2023 3:33 PM To: John Scheline <lohn@b4land.com>; Adam Lincoln <lincolna@pasco-wa.gov>; Jacob Gonzalez <gonzalezib@pasco- > Cc: Steve Bauman <Steve@b4land.com>; Ann Gilbert <Ann@b4land.com>; Kurtis Schliebe <schliebek@pasco-wa.gov>; John@JFEngineering.pro Subject: RE: Empire Estates Latecomer's Agreement John, City staff is coordinating internally prior to providing you a response to the your email in its entirety. Some key staff are out of the office until the middle of next week, so we won't be able to provide you an immediate response. Currently the critical path item to keep things moving forward is to reach consensus regarding the corrected proportionate share calculation. I sent an email on 6/22 containing the updated calculation (see attached), please review and let me know if you have any comments by July 5th, 2023. Thanks, R&O Jon Padvorac I City Engineer Community & Economic Development 525 N. 3rd Avenue I Pasco, WA 99301 Office: (509) 545-3445 Cell: (509) 316-6636 gadvoraci@pasco-wa.gov This email and your response are considered a public record and will be subject to disclosure under Washington's Public Records Disclosure Act From: John Scheline <fohn@b4land.com> Sent: Monday, June 26, 2023 10:36 AM To: Jon Padvorac <padvoraci@pasco-wa.go >; Adam Lincoln <lincolna@pasco-wa.gov>; Jacob Gonzalez <,gonzalezib@pasco-wa.gov> Cc: Steve Bauman <Steve@b4land.com>; Ann Gilbert <Ann@b4land.com>; Kurtis Schliebe <schliebek@pasco-wa.gov>; John@J FEngineering.pro Subject: RE: Empire Estates Latecomer's Agreement [NOTICE: This message originated outside of City of Pasco -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] Jon, I am including Adam Lincoln and Jacob Gonzalez in this email at the direct request of Stephen Bauman. I am becoming increasingly concerned about challenges in reaching a mutual agreement of any kind on nearly any issue dealing with city staff. It appears our perspectives are very different and the ever-changing landscape of "facts" you provide is difficult to follow your current interpretations of the law. It seems you hold the belief the city staff is always right while perceiving the constituents of Pasco as lacking insight. Here at B4, we have made many good -faith efforts to collaborate with the city over the last several months, and nearly all of those ended in frustration instead of mutual agreement. In this email, I would specifically like to address the issue you refer to as a "protest" (your description based on an email dated 4/14/23) regarding the Latecomers Agreement. From my standpoint, our inquiries and insistence on receiving the facts of the case have never been about protesting or getting out of financial obligations, but rather about seeking clarity and accountability on the process, procedures, and individuals/parties involved. Our research revealed a substantial savings of $142,208.52 for the Broetje Family. The city attempted to assign that large sum of money as a cost to my client seemingly hoping the landowners would overlook the "miscalculation" made by your team. It's important to recognize this is not an insignificant amount of money. Referring to this mistake as a mere "miscalculation" on your part understates the gravity of the situation. At B4 we are seeking what is lawfully required for our client and will continue to fight on their behalf. For this reason, we feel compelled to question the process and are extremely happy we did. During our inquiry, we noticed inconsistencies in the facts you present, and I would like to provide you with a few examples that prompted further reflection on our part as Owners Representative for the Broetje family. On December 7th, 2022, our staff had a pre -application meeting with members of your staff. In that meeting, Stephen Bauman asked Kurtis Schliebe to "clarify if the work (on the latecomer's project) has been completed." Kurtis stated with certainty, "Work has been completed.` IIlf:1:1►C In an email dated May 18th 2023, you stated, concerning "completion" — "There is still outstanding bonded work UldL lb nuL VCL IIHWICu, W WC 11dVC rw< reieaseu UIC pogo anu Rhus have not accepted or deemed complete the street, sewer, or water infrastructure for Empire Estates." 8 I know you consulted with Legal on the definition of "completion" and came up with the above change in your response. I would like to bring your attention to an email in which you mentioned the significance of guaranteeing the "completion" of the sewer system before any connections are made. While this reference specifically relates to a different project the underlying principle should remain consistent. The city has explicitly stated the requirement for "completion" before lots can be connected to services. Considering this, it is VERY important to provide any evidence or documentation that provides substantiation for any differing approach adopted in this latecomer agreement. If guaranteeing the "completion" of the sewer system before any connections are made, then why were there building permits signed off and certificates of occupancy granted for the homes now built by Empire Estates? PMC 14.25.030 (2. H) and (3. H) states that "Within 120 days of the completion of improvements, the developer must submit the total cost to the city." On May 13th, Kurtis Schliebe sent an email to Hilario from Empire Bros which said, I wanted to check in and see how things were progressing on the final casts. As you are aware with the latecomer process this is a time -sensitive item." He is requesting information about final costs at the same time acknowledging the completion of the project necessitates the submission of all receipts within the given 120 -day timeframe. "IF" the bonded work is not yet finished (as stated on 5/18) then the email from Kurtis (sent on 5/13) should never have been sent because the work is not yet finished. It is important to maintain transparency and adhere to the legal obligations outlined in PMC 14.25.030 without engaging in any attempts to manipulate semantics attempting to exempt the city from its legal responsibility. On December 7th, 2022, you said in the pre -application meeting "The actual cost is what is sent out to adjacent property owners in a notice. "Our current practice, in line with state law", is that notice is sent out once the actual construction cost is determined." THEN — In an email dated May 2"d 2023 —you stated, "The notice is based on the total estimated cost per the PMC/RCWs. Final costs have been received by the city and are being processed. The way the latecomer process works is the notice is sent out based on the estimated cost." Actual vs. estimated is very different and your changing interpretations of the law are concerning at best. Not once have we said our client would not participate in a latecomer's agreement, but we do expect to keep the city accountable for the process as you would do with our projects. We have observed a noticeable disparity between the information provided on December 7th, 2022, and the subsequent information received in May of 2023 during our inquiry. It appears these two conversations present differing perspectives. We constantly encounter challenges in establishing trust and fostering collaboration with a team that alters its stance to align with its perceived narrative. We are eager to reach a "mutual agreement," emphasizing our willingness to explore any viable options. However, to accomplish this, both parties need to engage in a constructive negotiation process. We are fully equipped and prepared to present to the City Council the comprehensive collection of email exchanges and evidence provided which will assist them in understanding a pattern of behavior keeping the city accountable for their words and actions. Our objective is to foster positive transformation within our community, and such changes must encompass immediate improvements within your office. Approximately three weeks ago, I approached the City of Kennewick regarding a client's project which includes a Boundary Line Adjustment, Sewer Relocation, and the construction of an access road. During our meeting, 9 we successfully deliberated on all the pertinent details, and within a remarkably short span of three weeks, we have made substantial progress on this project. It is noteworthy we are on the verge of commencing excavation activities within a month. In contrast, it would take significantly longer to achieve the same progress here in the City of Pasco, and the recurrent explanation of being understaffed no longer seems sufficient. This issue extends beyond understaffing; it indicates concerns regarding effective leadership. Regularly we hear from other builders and developers as they express their reluctance to undertake projects in Pasco due to their negative experiences with the staff. This disheartens me to hear about a city 1 love. Finally, when I have misspoken or made an error, I am willing to accept responsibility for my part. I acknowledge in my previous email, I failed to recognize you had indeed sent the requested receipts on 6/12. 1 apologize for my oversight and any resulting remarks. I know our emails from B4 are long, but I hope you can see we are thorough, and we will continue to seek answers and clarification until we are satisfied our client's needs have been fully met and acknowledged. John Scheline Project Manager B4 Development and Consulting CELL: 509.737.7826 From: Jon Padvorac <padvoraci@Pasco-wa.gov> Sent: Friday, June 23, 2023 1:53 PM To: John Scheline <John@b4land.com> Cc: Steve Bauman <Steve@b4land.com>; Ann Gilbert <Ann@b4land.com>; Kurtis Schliebe <schliebek@pasco-wa.gov>; Jacob Gonzalez <gonzalezib@pasco-wa.gov>; ohn@JFEngineering.pro Subject: RE: Empire Estates Latecomer's Agreement John, I'm coordinating internally and will get you a response next week. Regarding final costs, we have some receipts from the applicant. I thought these had been sent to you — I'm checking internally to confirm, check responses to your public records requests for the information in question, it may have already been sent to you. We are working with the applicant to sort out what the actual final costs are. Per the PMCs and RCWs, this final cost data is not a prerequisite to the preliminary determination (assessment reimbursement area and preliminary assessment). The preliminary determination (the phase we are in now) will establish the allocation of cost, and the final costs will be determined prior to recording of the latecomer, which may very well happen after the hearing associated with the preliminary determination. Regarding cc'ing the property owner, I don't recall you mentioning this in an email but there have been quite a few long emails from B4 recently so it may have gotten buried in one. I didn't intentionally not honor your request, if I missed your request within one of your recent emails I apologize. I'll refrain from cc'ing them in the future unless it seems necessary due to the content of the email because of their status as the land owner. Sincerely, 10 Riko Jon Padvorac I City Engineer Community & Economic Development 525 N. 3 d Avenue I Pasco, WA 99301 Office: (509) 545-3445 Cell: (509) 316-6636 padvoraci @ pasco-wa.gov This email and your response are considered a public record and will be subject to disclosure under Washington's Public Records Disclosure Act From: John Scheline <John@b4land.com> Sent: Friday, June 23, 2023 10:31 AM To: Jon Padvorac <padvoraci@pasco-wa.gov> Cc: Steve Bauman <Steve@b4land.com>; Ann Gilbert <Ann@b4land.com>; Kurtis Schliebe <schliebek@pasco-wa.gov>; Jacob Gonzalez <gonzalezjb@pasco-wa.gov>; John @JFEngineering. pro Subject: RE: Empire Estates Latecomer's Agreement [NOTICE: This message originated outside of City of Pasco -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] Thank you for providing us with this information. While we appreciate the progress made so far, we are still waiting for the remaining documents we requested. During the December 7th, 2022 meeting, you mentioned that the actual cost would be sent out to adjacent property owners in a notice, which aligns with state law. However, we requested the receipts to show the actual costs, not the AHBL estimates that were provided. We understand that you revised your statement on May 2nd by stating that the notice is sent out based on estimated costs as per the latecomer process. We would like to clarify that we are interested in knowing the actual construction cost in accordance with state law. Once again, thank you for providing us with this vital information. I had previously asked you to refrain from including the Broetje family in all these emails, but it seems that my request was not honored. As their representatives, they have a lot on their plate and we will involve them only when necessary. Similarly, your request to exclude Adam due to his busy schedule is akin to our request to keep the Broetje family out of our discussions. John Scheline Project Manager B4 Development and Consulting CELL: 509.737.7826 From: Jon Padvorac <padvoracj@pasco-wa.gov> Sent: Thursday, June 22, 2023 1:31 PM To: John Scheline <John@b4land.com> Cc: Steve Bauman <Steve@b4land.com>; Ann Gilbert <Ann@b4land.com>; Kurtis Schliebe <schliebek@pasco-wa.gov>; Jacob Gonzalez <gonzalezib@pasco-wa.gov>; John@JFEngineering.pro; tylerb@broetjefamilytrust.org; 11 shellvb@broetiefamilytrust.org Subject: RE: Empire Estates Latecomer's Agreement John, Attached are the corrected proportionate share calculations we prepared updated to include the developer's parcel. Note that per PMC 14.25.050, Council will have the final authority to establish the assessment reimbursement area and the assessment for each property within the assessment reimbursement area. I think it would be helpful for council if the City and B4 could work together and arrive at a mutually agreeable allocation of costs prior to the hearing. Please review the information attached to this email and let me know if you have any comments by July 5, 2023. Sincerely, Pa�ctco Jon Padvorac I City Engineer Community & Economic Development 525 N. 3`d Avenue I Pasco, WA 99301 ■rr Office: (509) 545-3445 Cell: (509) 316-6636 padvoraci@pasco-wa.gov This email and your response are considered a public record and will be subject to disclosure under Washington's Public Records Disclosure Act From: John Scheline <John@b4land.com> Sent: Friday, May 19, 2023 10:37 AM To: Jon Padvorac < 7advoraci@pasco-wa.gov> Cc: Steve Bauman <Steve@b4land.com>; Ann Gilbert <Ann@b4land.com>; Kurtis Schliebe <schliebek@pasco-wa.gov>; Jacob Gonzalez <gonzalezjb@pasco-wa.gov>; John@J FEngineering.pro; Adam Lincoln <,incolna@pasco-wa.gov> Subject: RE: Empire Estates Latecomer's Agreement Importance: High [NOTICE: This message originated outside of City of Pasco -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] Jon, We appreciate your cooperation in providing the information requested. In accordance with the law, our office has the right to request additional information until we are fully satisfied. We would like to remind you that, as per the FOIA request, the city is obligated to only withhold information if it is deemed harmful to a protected interest or prohibited by law. We thank you for your understanding and assistance in this matter. 12 We have been advised that our initial FOIA request was received on March 31st, 2023. We were also informed that due to a high volume of requests, the staff is working diligently to provide a response by Friday, April 21st, 2023. Our initial request included the following... • ANY documents on Empire Estates Latecomer Agreement. • Detailed cost breakdown for any and all work completed. • Formula used by the City of Pasco to assess each parcel. It is imperative to clarify that ANY document request regarding Empire Estates entails obtaining every single document related to the Empire Estates Latecomers Agreement. This encompasses all receipts, inspections, applications, payments, agreements, and any other pertinent documentation. As of yet, we have not received the requested receipts and costs despite our previous inquiries, and we are now nearly a month past the "anticipated response date". It is our belief that if the city has indeed received this information, the public should have full access to it and should not be denied. Additionally, while we appreciate that you are working diligently to rectify the miscalculation made by the city, we have not yet received any information regarding the formula used in the miscalculation or the updated information. We understand that you may need to consult with a lawyer to get proper definitions of "completion", but we kindly request that you do not withhold answers to our questions or deny us access to the information we are legally entitled. We appreciate your assistance in this matter. Thank you for acknowledging the need for the city to recalculate proportionate shares and totals. However, we are still uncertain about the original formula used by the city to calculate, particularly since 2,600 linear feet of frontage and 22 parcels were overlooked. The initial application submitted by Empire Bros. Construction LLC only included one parcel in the "Developer Benefit Area", and it would be reasonable to expect all 22 current parcels to participate. While you may have reservations about this, it's important to note that when the application was submitted, Parcel #113881024 was owned by Juan & Maria Montalvo and was later purchased by Broetje Orchards LLC on 8/10/22. As a result, the responsibility of the latecomer fee changed hands. This same principle should apply to the 22 parcels (13 of which have been sold to different owners) created by Empire Bros Construction LLC, where ownership has changed since the application was submitted. Regarding my email dated 5/17/23, 1 wanted to clarify that I was not intending to file a FOIA request as I am knowledgeable about the process and will continue to utilize it in the future. My intention was simply to remind you that my request is for public records, and not for personal opinions. While I appreciate your concern about overwhelming me with receipts, it is not within your purview to withhold public information based on a perception of my ability to comprehend it. I understand that my line of questioning may seem unrelated to the scheduled hearing, but I would like to emphasize that my request for public information is not limited to the hearing's topic. As a requester, I believe it is important to have access to any pertinent information. Please be advised that it is not my intention to dictate what information you should provide, but rather to request what I need in order to fully understand the matter at hand. As a helpful suggestion, it would be beneficial to keep in mind that as a public servant, it is important to uphold the freedom of the public to request information. Even if multiple individuals ask for the same information, it is their right to do so. It is imperative to remember that your role is to serve the public and not to reprimand or instruct them on their rights. If you find that you are uncomfortable with individuals 13 exercising their right to request information, it may be advisable to consider seeking employment in the private sector. We look forward to receiving your complete and timely responses to our inquiries. Upon reviewing your answers, we will promptly notify you of any further requests. John Scheline Project Manager B4 Development and Consulting CELL: 509.737.7826 From: Jon Padvorac <padvoraci@pasco-wa.gov> Sent: Thursday, May 18, 2023 5:28 PM To: John Scheline <John@b4land.com> Cc: Steve Bauman <Steve@b4land.com>; Ann Gilbert <Ann@b4land.com>; Kurtis Schliebe <schliebek@pasco-wa.gov>; Jacob Gonzalez <gonzalezib@pasco-wa.gov>; John@JFEngineering.pro; Adam Lincoln < incolna@pasco-wa.gov> Subject: RE: Empire Estates Latecomer's Agreement John, With respect to the 120 day timeframe for submitting final costs for a latecomer mentioned in PMC 14.25.030 (2) (iv) H and PMC 14.25.030 (3) (iii) H, we start the 120 day timeframe when we issue a warranty letter for the entire project. With respect to "completion" as mentioned in PMC 14.25.030 (3) (iii) H, we use WSDOT's definition of completion (rather than WSDOT's definition for substantial completion or physical completion). There is still outstanding bonded work that is not yet finished, so we have not released the bond and thus have not accepted or deemed complete the street, sewer, or water infrastructure for Empire Estates. Accordingly, with respect to the Empire Estates components included in the latecomer process there is not a document showing when we accepted a facility or when a facility was deemed complete. We are working on our end to pull together the actual cost information we received and are in the process of reviewing to send you for your consideration. I'm also working with our inspectors to have their daily reports pulled together for the street/water/sewer infrastructure. We will send you the approved civil drawings for the improvements in question. Based on my understanding this would fulfill your and Ann's various requests that are under the jurisdiction of my group, let me know if you think otherwise. As an aside, Tyler got a call from your engineer (John Fetterolf) today asking for some of the same information you already requested, we are working on providing responses to your various emails, we are working on providing a response to Ann's emails, and we are working on compiling information to satisfy the public records request that Ann submitted. Moving forward, we would appreciate your team consolidating inquiries and coordinating better so that your team doesn't bog down different City staff members with the same request from different parties on your side. Consolidating your data request process will help us more quickly respond to your requests. To avoid unnecessary duplication of work on our end, we will reply to the B4 team with data as we gather it, and won't individually reply to each of your or Ann's separate emails that asked for similar or identical things. We will need to in duplicate respond to your public records request through the City clerk with any redundant information. Please review the list of information that you want from my team that I provided above and let me know if there is anything else you need. Sincerely, 14 Pasco Jon Padvorac I City Engineer Community & Economic Development 525 N. 3 d Avenue I Pasco, WA 99301 Office: (509) 545-3445 Cell: (509) 316-6636 padvoraci @ pasco-wa.gov This email and your response are considered a public record and will be subject to disclosure under Washington's Public Records Disclosure Act From: John Scheline <John@b4land.com> Sent: Wednesday, May 17, 2023 9:07 AM To: Jon Padvorac <padvoraci@pasco-wa.gov> Cc: Steve Bauman <Steve@b4land.com>; Ann Gilbert <Ann@b4land.com>; Kurtis Schliebe <schliebek@pasco-wa.gov>; Jacob Gonzalez <gonzalezib@pasco-wa.gov> Subject: RE: Empire Estates Latecomer's Agreement [NOTICE: This message originated outside of City of Pasco -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] Jon, I'm not totally sure why you need to confer with legal to get the items I requested but feel free to do so if necessary. In the meantime, our office is going to fill out a FOIA request for the information I am requesting. am requesting all building permits AND all signed/dated proof the project was signed off for inspections (every project is subject to inspection) and when the total costs were provided to the city by the developer. This should all be timestamped and proof should be provided. This is a public records request and while I can appreciate your opinion I am seeking answers. This project has been complete for some time so all documents receipts, and permits should be long established within the city files. Please provide everything we are asking for in a timely manner. Please understand I do not need a lesson in the process I am seeking information. John Scheline Project Manager B4 Development and Consulting CELL: 509.737.7826 From: Jon Padvorac <padvoraci@pasco-wa.gov> Sent: Tuesday, May 16, 2023 4:20 PM To: John Scheline <John@b4land.com> Cc: Steve Bauman <Steve@b4land.com>; Ann Gilbert <Ann@b4land.com>; Kurtis Schliebe <schliebek@pasco-wa.gov>; 15 Jacob Gonzalez <gonzalezib@pasco-wa.gov> Subject: RE: Empire Estates Latecomer's Agreement John, Regarding PMC 14.25.030 (2.H) and (3.H) and when the 120 day period starts, I am confirming my current understanding of this with our legal department, and will let you know when I hear back. Regarding the benefiting area, you are correct, the assessment should include the developer's parcel, and it does not appear that the original preliminary assessment included the developer's parcel. We are working on a correction for this. As part of that correction process, I will review your attached Exhibit A. Since my last email I think you have made some good progress towards understanding the mechanics of the latecomer process, and are now focusing in on a couple key items for discussion: the 120 day period described in PMC 14.25.030 (2.H) and (3.H) and the benefiting area calculation. Both of these items are in -process within the City. We could meet if it would be helpful to go over general latecomer process, but as the two items you are most curious about are in -process I don't know if we would have a lot of high-value content to go over. I propose that after you review the forthcoming information about the 120 day period and the updated proportionate share calculation we discuss if/when a meeting would be helpful to keep this process moving along. Sincerely, Jon Padvorac I City Engineer Community & Economic Development 525 N. 3rd Avenue I Pasco, WA 99301 Office: (509) 545-3445 Cell: (509) 316-6636 padvoracq@pasco-wa.gov This email and your response are considered a public record and will be subject to disclosure under Washington's Public Records Disclosure Act From: John Scheline <John@b4land.com> Sent: Friday, May 12, 2023 9:25 AM To: Jon Padvorac < ]advoraci@pasco-wa.ga > Cc: Steve Bauman <Steve@b4land.com>; Ann Gilbert <Ann@b4land.com>; Kurtis Schliebe <schliebek@pasco-wa.gov>; Jacob Gonzalez <gonzalezib@pasco-wa.gov> Subject: RE: Empire Estates Latecomer's Agreement [NOTICE: This message originated outside of City of Pasco -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] Jon, 16 This answers some questions but certainly not all of our concerns have been answered. I do appreciate you pushing me to read the RCW/PMC process and I assure you I have read it several times and digested many pieces which is why we come back with additional questions. We want to be knowledgeable about what is being charged to our client and be able to respond on his behalf. It is important to get all the information we request and thank you for your responses. Here are some follow-up questions and hopefully they are understood. PMC 14.25.030 (2.H) and (3.H) states that "Within 120 days of the completion of improvements, the developer must submit the total cost to the city." What we are asking is simple. We want to know the date of completion with accompanying proof (building permits, inspections, etc.) and then we want to see the date the developer submitted the total cost (final bill) to the city with accompanying proof (timestamp, acceptance, etc.). We do want to see the receipts and when they were submitted any "final cost data" should have a submission date. Also, we still seeking an answer regarding the question we initially proposed and believe this goes directly to the purpose of the hearing so will need this answered prior to any hearing. The question was, "In our FOIA request, we were given the spreadsheets for "Street Improvements, 8" Sewer, and 8" Water". In each of those it totals 100% divided proportionately with "TOTAL BENEFIT AREA DISTRIBUTION" but I do not see the actual "Developer Benefit Area" parcels listed in that proportionate share. In fact, it appears the only parcels being charged for the work are the "Assessment Area" and the "Developer Benefit Area" is left out of paying their share. I hope this was an oversight but would love to have clarification." Your response was, "Thanks for bringing this to my attention, I will check into this. If we need to make a correction I will let you know, and it could be made as part of this process. I haven't dug into the details of how the original determination was made yet." Has the correction been made and if so how does that impact this agreement? I have attached Exhibit A showing their original application and it clearly shows the Empire Estates Development Proposed Assessment Map we want assurance that the total area circled and approved by the city is included in this agreement. Regarding a meeting, we can find a date that works but Steve will be out of town for a few days so we will need to look at our schedules and see if an arrangement can be made. John Scheline Project Manager B4 Development and Consulting CELL: 509.737.7826 From: Jon Padvorac <padvoraci@pasco-wa.gov> Sent: Thursday, May 11, 2023 7:29 PM To: John Scheline < ohn(@b4land.com> Cc: Steve Bauman <Steve@b4land.com>; Ann Gilbert <Ann@b4land.coi >; Kurtis Schliebe <schliebek@pasco-wa.gov>; Jacob Gonzalez <gonzalezib@pasco-wa.gov> Subject: FW: Empire Estates Latecomer's Agreement John, See attached and below. My understanding is that the attached and below information fully addresses your latest batch of questions, let me know if you need anything else. Regarding your question number 6, there isn't such a thing as a final bill — I think what you meant to ask about was final cost data. We don't yet have a final cost — the applicant submitted a batch of cost information that we are in the process of reviewing. We can pass this along to you if you like — we will be requesting additional information from the applicant to clarify (it was essentially a big batch of a variety of receipts), so it may not be too useful for you at this point. After a meeting with Steve Bauman this week on another topic, we had a few minutes to discuss the path forward for the latecomer. I think it would be useful to meet with B4 after B4 has had the opportunity to digest the attached and 17 below information. We can walk through the RCW/PMC process for latecomers, the required timelines, and the timeline of this specific latecomer application, as these seem to be items of particular interest to B4. Let's touch bases next week and get a date on the calendar. Steve Bauman also expressed concern that there is a bit of data to review, and the date being discussed for the hearing was 6/20. This date is not set in stone - we were planning to send out notices around the end of this month with the hearing date. I propose that B4 has around a week to review the information and get up to speed on the latecomer process, and we meet with you early the week of May 22"d. This will give your team time to get up to speed, and will get the meeting in before the hearing notice goes out in case we want to make a minor adjustment to the hearing date. Sincerely, (-Its 6f Jon Padvorac I City Engineer Community & Economic Development 525 N. 3`d Avenue I Pasco, WA 99301 Office: (509) 545-3445 'Cell: (509) 316-6636 padvoraci@pas_ wa.gov This email and your response are considered a public record and will be subject to disclosure under Washington's Public Records Disclosure Act From: Kurtis Schliebe <schliebek@pasco-wa.Rov> Sent: Thursday, May 11, 2023 3:26 PM To: Jon Padvorac <padvoraci@pasco-wa.gov> Subject: RE: Empire Estates Latecomer's Agreement Hi Jon, Please see attached documents addressing 1, 2, 3, and 4. Regarding #5, the City has not yet accepted the facilities, and #6, correspondence for final costs began 5/2/2022. Note, the application date is the application date. There was some back and forth for additional information between the application and the final letter of completeness notice. Let me know if you have any questions or issues with the attached. Sincerely, Kurtis Ai PKurtis Schliebe I Engineering Technician III Community and Economic Development 525 N. 3`d Avenue j Pasco, WA 99301 509.544.4148 OFFICE schliebek@pasco-wa.gov EMAIL 18 This email and your response are considered a public record and will be subject to disclosure under Washington's Public Records Disclosure Act. From: Jon Padvorac <Padvoraci@pasco-wa.gov> Sent: Tuesday, May 9, 2023 3:13 PM To: John Scheline < ohnPb4land.com> Cc: Steve Bauman <Steve@b4land.com>; Ann Gilbert <Ann@b4land.com>; Kurtis Schliebe <schliebek@pasco-wa.gov>; Jacob Gonzalez <gonzalezib@pasco-wa.gov> Subject: RE: Empire Estates Latecomer's Agreement John, I'll work through this request and get back to you likely next week. We have a number of staff out of the office next week so this week is quite busy. Also, I encourage you to dig into the RCWs/PMCs regarding the hearing coming up. Per PMC 14.25.050 the process initiated by the letters sent to the City is a hearing for the purpose of contesting the preliminary assessment reimbursement area and preliminary assessment, and the scope of the hearing will be focused on those topics. I mention this because a number of your questions appear to be focusing on internal processes, dates, timelines, etc. that do not directly pertain to the reimbursement area and the preliminary assessment. Some items I can respond to off the top of my head that don't require staff to track down documents, those are response are provided below. Sincerely, Pasco Jon Padvorac I City Engineer Community & Economic Development 525 N. 3 d Avenue I Pasco, WA 99301 Office: (509) 545-3445 Cell: (509) 316-6636 dadvoraci@pasco-wa.gov This email and your response are considered a public record and will be subject to disclosure under Washington's Public Records Disclosure Act From: John Scheline <John@b4land.com> Sent: Tuesday, May 9, 2023 2:48 PM To: Jon Padvorac<pauvoiaci@pasco-wa.go> Cc: Steve Bauman <Steve@b4land.com>; Ann Gilbert <Ann@b4land.com>; Kurtis Schliebe <�chliebek@pasco-wa.gov>; Jacob Gonzalez <gonzalezib@pasco-wa.gov> Subject: RE: Empire Estates Latecomer's Agreement 19 [NOTICE: This message originated outside of City of Pasco -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] Jon, Thank you for your response. Here are a few more questions as I have researched the RCW's and information you sent. 1) Could we get the submitted "Application for Latecomers Agreement" for the Empire Estates project? 2) Please provide the date the Public Works Department received the request from the developer. 3) Please provide a copy of the permit for this project showing it was approved by the city. 4) Please provide the date the city authorized construction to occur for both street and utility. Can we see a copy of that authorization? 5) What is the date the city provided acceptance of both street and utility improvements? 6) What is the date the city received the final bill attached to this agreement? For this and future latecomers we may be a party to is there a spreadsheet the city uses that fully describes the process showcasing the necessary RCW's and WAC codes? JP Response: no — we directly reference the RCWs and PMCs associated with latecomers. The MRSC link I sent earlier is a great road map through the RCWs, and the PMC section is 14.25. I can do a FOIA request but would prefer to speed up the process and eliminate the bureaucracy with a simple request for the information. 1P Response: Emailing to request information is a more useful tool in general — FOIA requests only are applicable to existing information on file, if what you need is something we would need to create/summarize etc. the process of providing this information through FOIA doesn't always result in you getting what you were hoping for. John Scheline Project Manager B4 Development and Consulting CELL: 509.737.7826 From: Jon Padvorac <padvoraci@pasco-wa.gov> Sent: Thursday, May 4, 2023 8:50 AM To: John Scheline <'ohn@b4land.com> Cc: Steve Bauman < .eve@b4land.com>; Ann Gilbert <Ann@b4land.com>; Kurtis Schliebe <schliebek@pasco-wa.gov>; Jacob Gonzalez <gonzalezib@pasco-wa.gov> Subject: RE: Empire Estates Latecomer's Agreement John, My responses are provided below. Sincerely, 20 Pasco Jon Padvorac I City Engineer Community & Economic Development 525 N. 3`d Avenue I Pasco, WA 99301 Office: (509) 545-3445 Cell: (509) 316-6636 padvoracicu pasco-wa.gov This email and your response are considered a public record and will be subject to disclosure under Washington's Public Records Disclosure Act From: John Scheline <John@b4land.com> Sent: Tuesday, May 2, 2023 5:14 PM To: Jon Padvorac <padvoraci@pasco-wa. o > Cc: Steve Bauman <Steve@b4land.com>; Ann Gilbert <Ann@b4land.com> Subject: Empire Estates Latecomer's Agreement [NOTICE: This message originated outside of City of Pasco -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] Jon, We have requested a hearing before City Council regarding the Latecomer's Agreement letters our clients sent on 3/15/23. We are trying to understand a few facts before we would be prepared to go before the council and I was hoping you could help clarify a few details. First, in our FOIA request, we were given the spreadsheets for "Street Improvements, 8" Sewer, and 8" Water". In each of those it totals 100% divided proportionately with "TOTAL BENEFIT AREA DISTRIBUTION" but I do not see the actual "Developer Benefit Area" parcels listed in that proportionate share. In fact, it appears the only parcels being charged for the work are the "Assessment Area" and the "Developer Benefit Area" is left out of paying their share. I hope this was an oversight but would love to have clarification. JP Response: Thanks for bringing this to my attention, I will check into this. If we need to make a correction I will let you know, and it could be made as part of this process. I haven't dug into the details of how the original determination was made yet, but in theory I agree with you — that the developer themselves should be included as one of the parcels taken into consideration when determining the percentage cost distribution, so the overall cost distributed to the benefiting parcels would be less than 100% of the total improvement cost. Second, can you please tell me the actual date of the final execution of this agreement? (In accordance with RCW 35.72.040) JP Response: There is not an executed latecomer agreement yet. There are several steps to the latecomer process, what your client received is the preliminary determination of area boundaries and assessment areas. As part of the upcoming hearing process, the assessment area and proportionate share percentages will be established. The actual latecomer will be executed subsequent to the determination of area boundaries and assessment areas. With the current step we are at, there is not a recorded agreement and a latecomer would 21 not be assessed if someone connected to one of the pieces of infrastructure in question Once the latecomer is executed and recorded, the latecomer is in effect and someone connecting to one of the pieces of infrastructure in question would need to pay the latecomer fee. A good website that describes the latecomers process is provided below (MRSC), as well as a link to the PMC describing this process. I recommend you read through these resources, and feel free to reach out if you have any questions. MRSC - Latecomer Agreernenr Ch. 14.25 Reimbursement and Latecomers Agreements I Pasco Municipal Code Third, the estimate from AHBL back in 2021 is the total estimated cost of each individual project. Do we have the actual costs? I know in talking about the sewer we have specifically said those costs would not be distributed until completion so do we have final bills or do we assume we work on 2021 estimates? JP Response: The notice is based on the total estimated cost per the PMC/RCWs. Final costs have been received by the City and are being processed. The way the latecomer process works is the notice is sent out based on the estimated cost, and the actual cost is what is divided between the developer and benefiting parcels. We sent certified letters on March 30th and have not received a response from the city on when our hearing before the City Council will be scheduled. JP Response: A notice will be sent soon to all property owners with information about the hearing and the hearing date. The hearing date has been set for June 20th, 2023. B4 DEVELOPMENT AND CONSULTING, LLC CELL: 509.737.7826 john@b4land.com 3130 Varney Lane Suite 102 Pasco, WA 99301 22 � cor vsSco Community & Economic Development Department PO Box 293, 525 N 3`d Ave, Pasco, WA 99301 P: 509.545.3441 / F: 509.545.3499 CITY OF PASCO FINAL PLAT APPLICATION APPLICATION: A final plat meeting all of the requirements of this chapter shall be submitted to the Planning Division for approval within five years of the date of the preliminary plat approval. Preparation. The final plat shall be prepared by a professional land surveyor licensed by the State of Washington. The preparer shall, by placing his or her signature and stamp upon the face of the plat, certify that the plat is a true and correct representation of the land actually surveyed by the preparer, that the existing monuments shown thereon exist as located and that all dimensional and geometric details are correct. Scale and Format. The final plat shall be drawn in permanent black ink on a paper or mylar sheet measuring 24 inches by 36 inches in size, allowing two inches for a margin. The final plat shall be accurate, legible and drawn to an engineering (decimal) scale of 100 feet or fewer to the inch. If more than one sheet is required, an index sheet showing the entire subdivision with street and highway names and block numbers (if any) shall be provided. Each sheet, including the index sheet, shall be of the above-specified size. The final plat shall also be submitted for review in a digital format specified by the City Engineer. REQUIREMENTS: 1. Title report current within thirty (30) days. 2. Digital copy of plat (.dwg file) either by disk or emailed to the Planning Department. 3. Construction estimate for subdivision improvements bond (if applicable) 4. The final plat shall show and contain the following information: a. Primary control points approved by the City Engineer, and descriptions and ties to such control points, to which all dimensions, angles, bearings, and similar data on the plat shall be referenced; b. The final plat shall be accompanied by complete field and computation notes showing original or reestablished corners, with description of them and actual traverse showing error of closure and method of balancing, with sketch showing all distances, angles, and calculations required to determine corners and distances of the plat. The allowable error of closure shall not exceed one foot in 4,000 feet; c. Tract boundary lines, right-of-way lines of streets, easements and other rights-of-way, and property lines of residential lots and other sites, with accurate courses, distances, dimensions, or deflection angles, complete curve data for street centerlines and property lines, and other information necessary to reproduce the plat on the ground. Dimensions shall be shown from all angle points and points of curve to lot lines; d. Name and right-of-way width of each street and other right-of-way, or easement; e. Locations, dimensions and purpose of any easements; f. Number to identify each lot or site, with accurate dimensions in feet and hundredths of feet; g. A table showing the square footage of each lot; Updated August 2021 h. Purpose for which sites, other than residential lots, are dedicated or reserved; i. Location and description of monuments; j. Reference to recorded subdivision plats of adjoining platted land by recorded name, date and number; k. Certification by surveyor or engineer certifying to the accuracy of the survey and plat; I. Statement by the owner dedicating streets, rights-of-way and any other sites for public use; m. Name of the plat, scale, northpoint and date; n. Spaces for certificates or approvals of the following officials or agencies: i. City Manager or designee; ii. City Planner; iii. City Engineer; iv. County Engineer (where applicable); v. Franklin County P.U.D. or applicable utility provider; vi. Franklin County Irrigation District No. 1 (where applicable); vii. Benton Franklin Health District (where applicable); viii. County Assessor; ix. County Treasurer; x. County Auditor. o. Horizontal datum information: i. The horizontal datum used will be the North American Datum 1983/ HARN, Washington State Plane Coordinate System, South Zone and will be expressed in U.S. Survey Feet. ii. All Auditor File Numbers (AFNs) shown on the face of the plat shall be indicated such that they can be reasonably located within the Auditor's Records Search. APPROVAL REQUIREMENTS: Prior to approval of a final plat, all required infrastructure improvements, including as -built drawings and data of all underground utilities necessary to serve said plat, must be constructed and accepted by the City Engineer. In lieu of actually completing all improvements, the developer may provide the City with a bond, cash or irrevocable letter of credit in an amount equal to 125 percent of the City Engineer's estimate of the cost to complete the required infrastructure improvements. No certificate of occupancy will be issued for any structure in a subdivision until all infrastructure improvements are completed. ADMINISTRATIVE APPROVAL: The final approval of a plat is an administrative function not requiring action by the City Council. A final plat shall only be approved if the administrative review process finds the subdivision proposed for final plat approval conforms to all terms of the preliminary plat approval, and said subdivision meets the requirements of Chapter 58.17 RCW, other applicable state laws, and Title 21. The final plat applicant may appeal a determination of the administrative review process by a closed record appeal to the City Council pursuant to PMC. WATER RIGHTS: Per PMC 26.04.115, any existing water rights shall be transferred to the City as a condition of approval. If no water rights are available then the property owner shall pay to the City, in lieu thereof, a water rights acquisition fee as established in the City Fee Summary Ordinance located in PMC 3.07 (see below): Calculation of Water Rights Base water rights 1 $517.50 per lot Updated August 2021 Page 2 of 5 Irrigation water rights (City 0.5 x area (acres) x 3.5 x $1,725 irrigation or no irrigation provider) LOCAL IMPROVEMENT DISTRICTS: As a condition of approval of a final plat, the owner has waived the right to protest the formation of a Local Improvement District for sewer/water/road/sidewalk improvements to the full extent as permitted by RCW 35.43.182. CONSTRUCTION OF IMPROVEMENTS REQUIRED: 1. Public rights-of-way must be improved, and utilities installed to the minimum requirements of the PMC and City Standards; 2. Required infrastructure improvements must be substantially completed as approved by the City Engineer. Minor improvements consisting only of sidewalks and landscaping where applicable, or similar improvements, may be secured by a plat bond; 3. In lieu of completion of these minor improvements, prior to recording of the plat, a plat bond issued by a licensed corporate surety or two individual sureties or other approved surety must be provided, to the full amount of the cost of such work, as estimated by the City Engineer, including construction inspection costs, but in no case less than $2,000.00; 4. All or a portion of security will be released upon acceptance of the improvements by the City Engineer, or upon substitution of another guarantee or approved bond or security; 5. If, after two years, all improvements are not so improved, the City will cause the improvements to be provided in accord with the approved plans, and the costs thereof must be paid by the bonding company, or out of the savings account assignment or other security; 6. In lieu of the plat bond, a cash bond, a certified check, an irrevocable letter of credit, or other surety approved by the City Attorney, equal to the cost of improvement multiplied by 125 percent may be posted. In addition, the City may require security up to two years against any defect in workmanship or materials in the installation of the improvements. Adequate and proper right-of-way improvements shall include curb, gutter, sidewalk, illumination, traffic control devices, drainage control, engineered road bases, asphalt driving and parking lanes, and monumentation. LATECOMERS: Any latecomers fees associated with the propertie(s) within the final plat shall be settled, with receipt of payment, prior to the submittal of the final plat. SUBMISSION OF PRELIMINARY FINAL PLAT AND BOND ESTIMATE: The applicant must submit an estimate for the bond amount to the City with the preliminary final plat prior to the formal submittal of the final plat. This process will take a minimum of 10 working days but depending on the plat size and complexity may take longer. Due to the complex nature and importance of these documents no exception to the minimum timeframes will be granted. SUBMISSION OF FINAL PLAT: Allow a minimum of 3 working days for City of Pasco to determine if the application is acceptable for review. The applicant must submit all payments associated with the final plat—including but not limited to water rights fees and subdivision improvement bonding—at the time the final plat is submitted for signatures. This process will take a minimum of 5 working days to complete. Due to the complex nature and importance of these documents no exception to the minimum timeframes will be granted. Updated August 2021 vs�coCityof Community & Economic Development Department PO Box 293, 525 N 311 Ave, Pasco, WA 99301 P: 509.545.3441 / F: 509.545.3499 CITY OF PASCO FINAL PLAT APPLICATION Master File # Date Submitted: Applicant Info Owner Info (if different than applicant) Name: Name: Address: Address: Phone: Phone: Email: Email: Project Address: Project Parcel Number: Current Zoning: Number of lots proposed: Source of domestic water: Method of sewage disposal: 0 Final Plat Applicant Signature Owner Signature Updated August 2021 0 Electronic copy of plat and .dwg Date Date 0 Title Report 13 Bond Estimate (if applicable)