Loading...
HomeMy WebLinkAbout2007.05.14 Council Special Meeting Packet AGENDA PASCO CITY COUNCIL Special Meeting 7:00 p.m. May 14,2007 1. CALL TO ORDER. 2. ROLL CALL (a) Pledge of Allegiance. 3. BUSINESS ITEMS: (a) Adjustment of Council District Boundaries: 1. Agenda Report from Gary Crutchfield, City Manager dated May 10,2007. 2. PMC Chapter 1.10. 3. Current Council District Boundary Map. 4. Proposed Council District Boundary Map. (Note: Boundary maps are in Council packets only; copies available for public review in the City Manager's office, at the Pasco Public Library or on the city's webpage at www.ci.pasco.wa.us.) CONDUCT A PUBLIC HEARING 4. ADJOURNMENT. AGENDA PASCO CITY COUNCIL Workshop Meeting 7:00 p.m. May 14,2007 1. CALL TO ORDER 2. VERBAL REPORTS FROM COUNCILMEMBERS: 3. ITEMS FOR DISCUSSION: (a) Presentation of Proclamation for "Public 'Forks Week." Mayor Joyce Olson to present Proclamation to Bob Alberts,Public Works Director. (b) Inspection Services Division Presentation. (NO WRITTEN MATERIAL ON AGENDA) Presented by Mitch Nickolds,Inspection Services Manager. (c) Commercial Kennels—Standards and Inspections: 1. Agenda Report from Debbie Clark,City Clerk dated May 9,2007. 2. Proposed Ordinance. (d) Proposed Code Amendment (Approval Time Frames for Subdivisions) PMC Title 4 (MF #CA07-001): 1. Agenda Report from David I. McDonald, City Planner dated May 9,2007. 2. Proposed Ordinance. 3. Staff memo to the Planning Commission. 4. Planning Commission minutes dated 3/15/07 and 4/19/07. (e) Fees for Chiawana Park: 1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated May 10,2007. 2. Proposed Ordinance. (f) Catch Basin Cleaning Project: 1. Agenda Report from Bob Alberts,Public Works Director dated May 10, 2007. 2. Quote Summary. 4. OTHER ITEMS FOR DISCUSSION: (a) (b) (c) 5. EXECUTIVE SESSION: (a) (b) (c) 6. ADJOURNMENT. Reminders: 1. 12:00 p.m., Monday, May 14, Pasco Red Lion — Chamber of Commerce General Membership Meeting. (Teacher Appreciation Luncheon) 2. 5:00 p.m., Tuesday, May 15, TRAC Facility — TRAC Advisory Board Committee Meeting. (MAYOR JOYCE OLSON and COUNCILMEMBER REBECCA FRANCIK) 3. 5:30 p.m., Wednesday, May 16, Roy's Smorgy — Good Roads Association Board Meeting. (COUNCILMEMBER BOB HOFFMANN,Rep.;MAYOR JOYCE OLSON,Alt.) 4. 12:00 p.m., Thursday, May 17, 322 W. Columbia. Street — Pasco Downtown Development Association Board Meeting. (COUNCILMEMBER TOM LARSEN, Rep.; MATT WATKINS, Alt.) 5. 11:30 a.m., Friday, May 18, Roy's Smorgy — Benton-Franklin Council of Governments Board Meeting. (COUNCILMEMBER TOM LARSEN,Rep.; BOB HOFFMANN,Alt.) AGENDA REPORT TO: City Counci May 10, 2007 FROM: Gary Crutch y Manager Special Mtg.: 5/14/07 SUBJECT: Adjustment of ouncil District Boundaries I. REFERENCE(S): 1. PMC Chapter 1.10 2. Current Council District Boundary Map 3. Proposed Council District Boundary Map (Note: Boundary maps are in Council packets only; copies available for public review in the City Manager's office, at the Pasco Public Library or on the city's webpage at www.ci.pasco.wa.us.) II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 5/14: CONDUCT OF PUBLIC HEARING III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: A) PMC Chapter 1.10 provides that the city be divided into five Council districts, principally to assure geographic representation on the City Council. Thus, five of the seven Council seats are each filled by an individual residing in the respective district, while the remaining two Council seats are filled by "at large" Council representatives (no restriction on residence location). PMC 1.10 also provides that Council district boundaries must be nearly equal, in that none of the Council districts may be more than 10 percent larger or smaller(in terms of population) than any other Council district. B) The population of each Council district (and voting precinct) has been updated to reflect housing units completed since the 2000 census. Council district boundaries must coincide with voting precinct boundaries (which are fixed by Franklin County). Staff submitted to the Franklin County Auditor in March a map of proposed voting precinct boundaries, to better reflect the population changes over the past six years. While many of the city's suggestions were accepted for the western portion of the city, most of those in the central portion (those within the bypass highway) were not. To complicate matters further, the Auditor's office determines voting precinct boundaries by "registered voters — not population; consequently, the city's primary guideline is very different than the County's primary consideration.. The Franklin County Commissioners tentatively approved the 2007 precinct changes on April 9; final approval is expected by May 2. C) The Council district boundaries were last revised in 2005 in advance of the general municipal elections that year. The adjustments were required at that time due to population growth. Since then, again because of population growth, District 3 (the least populous) now contains a population 23 percent smaller than District 5 (the most populous). D) PMC Chapter 1.10 requires the Council district boundaries to be adjusted but that such adjustment cannot occur "... less than 60 days prior to the next general municipal election..." Due to state legislative action last year, however, the 2007 primary election (representing the "next general municipal election") is scheduled for August 21; 60 days prior to that date is June 20. To complicate matters further, the candidate filing period is also much earlier now; it will occur between June 4 and 8. In view of the state's changes, Council district boundaries should be formally amended by May 21 (two weeks prior to the filing period), if not sooner. 3(a) E) To add another constraint, state law requires the city to conduct at least one public hearing on the proposed plan and that such hearing occur at least one week before formal adoption of the plan. V. DISCUSSION: A) Council reviewed three redistricting options at its April 30 Workshop meeting and concluded that it should consider implementing the option which fulfills the statutory requirements with the least degree of change. A public hearing has been advertised for a May 14 Special meeting and the proposed boundary plan has been made available in advance of the hearing to the public via the notice, public library and the city's website as well as City Hall. B) Some suggest that the statutory criteria are the only measures to be used.in defining district boundaries. A more objective interpretation is that any change of the boundaries must reflect fulfillment of the statutory criteria, but may also reflect additional considerations (i.e., practical ones). Such an interpretation is indeed necessary so as to be able to further distinguish between multiple options, each of which reflects fulfillment of the statutory criteria. C) Both state law and city ordinance prescribe criteria by which district boundaries are to be defined. As with any formula containing several elements, there are multiple possible solutions; the proposed boundaries represent the best of the few choices available, in view of all considerations (practical as well as statutory): 1. * The difference in population contained in any two of the proposed districts is less than 10%; 2. * Each proposed district is geographically contiguous and compact; 3. * The proposed district boundaries reasonably (to the extent practicable without violating the first two criteria) reflect natural boundaries and preserve existing communities of mutual interest; 4. ** The proposed boundaries fulfill the fundamental equal representation mandate with the least degree of change for citizens/voters to understand and digest within the two weeks available between the date of adoption and the statutory filing period; 5. ** The other two options of more radical change would create unnecessary confusion for citizens/voters within the brief time available for candidate filing and would also result in at least three of the five Council districts being represented by non-resident incumbents for more than two years. * Statutory criteria ** Practical consideration D) Council action adopting the proposed boundaries by ordinance should occur no later than May 21, to meet the statutory deadline (three months prior to general election) and provide notice of the change to the Franklin County Auditor prior to commencement of the candidate filing period(June 4). CHAPTER 1.10 VOTING DISTRICTS 1.10.010 NUMBER OF DIVISIONS - EQUAL POPULATION IN EACH ........................ ...................................................................... 15 1.10.020 DISTRICT ONE..................................................................... 15 1.10.030 DISTRICT TWO. .................................................................. 15 1.10.040 DISTRICT THREE. ............................................................... 15 1.10.050 DISTRICT FOUR. ................................................................. 16 1.10.060 DISTRICT FIVE. ................................................................... 16 1.10.070 ELECTION OF COUNCILMEN COUNCILMAN-AT-LARGE...... 16 1.10.080 COUNCILMEN - RESIDENTIAL REQUIREMENT REMOVAL .......................................................................................... 16 1,10.090 RE-ESTABLISHMENT OF DISTRICT BOUNDARIES. ............. 17 1 10.100 ANNEXATION. ..................................................................... 17 1.10.110 RECALL PETITIONS. ............................................................ 17 1.10.120 FILLING VACANCIES. ......................................................... 17 1.10.130 VOTING PRECINCTS. ........................................................... 17 1.10.010 NUMBER OF DIVISIONS - EQUAL POPULATION IN EACH. The City is divided into five voting districts. Each district shall be as nearly equal in population as possible; compact as possible; consist of geographically contiguous area; be configured as to not favor or disfavor any racial group or political party; and to the extent feasible, coincide with the existing recognized natural boundaries so as to preserve existing communities of related and mutual interest. (Ord. 3472 Sec, 1, 2001; Ord. 1472 Sec. 1, 1971.) 1.10.020 DISTRICT ONE. Voting district one shall encompass the area within the City of Pasco comprised of precinct numbers one, two, and three, as those precincts are described on the maps and property descriptions on file with the Auditor of Franklin County. (Ord. 3724 Sec. 1, 2005; Ord. 3625 Sec. 1, 2003; Ord. 3476 Sec. 1, 2001; Ord. 3240 Sec. 1, 1997; Ord. 2943, Sec. 1, 1993; Ord. 2824 Sec. 1, 1991; Ord. 1871 Sec. 1 (part), 1977.) 1.10.030 DISTRICT TWO. Voting district two shall encompass the area within the City of Pasco comprised of precinct numbers nine, ten, eleven, twelve, fifteen and twenty-seven as those precincts are described on the maps and property descriptions on file with the Auditor of Franklin County. (Ord. 3724 Sec, 2, 2005; Ord. 3625 Sec. 2, 2003; Ord. 3476 Sec. 2, 2001; Ord. 3240 Sec. 1, 1997; Ord. 2943, Sec. 2, 1993; Ord. 1871 Sec. 1 (part), 1977.) 1.10.040 DISTRICT THREE. Voting district three shall encompass the area within the City of Pasco comprised of precinct numbers four, five, six, seven, eight, thirty-three and thirty-four as those precincts are described by the maps and property descriptions on file with the Auditor of Franklin County. (Ord. 3724 Sec. 3, 2005; Ord. 3625 Sec. 3, 2003; Ord. 3476 Sec. 3, 2001; Ord. 3240 Sec. 1, 1997; Ord. 2284, Sec. 1, 1981; Ord. 1871 Sec. 1 (part), 1977.) 1.10.050 DISTRICT FOUR. Voting district four shall encompass the area within the City of Pasco comprised of precinct numbers twenty- nine, thirty-one, and thirty-two, as those precincts are described on the maps and property descriptions on file with the Auditor of Franklin County. (Ord. 3724 Sec. 4, 2005; Ord. 3625 Sec. 4, 2003; Ord. 3476 Sec. 4, 2001; Ord. 3240 Sec. 1, 1997; Ord. 2824 Sec. 2, 1991; Ord. 2365 Sec. 1, 1982; Ord. 1871 Sec. 1 (part), 1977.) 1.10.060 DISTRICT FIVE. Voting district five shall encompass the area within the City of Pasco comprised of precinct numbers thirteen, fourteen, sixteen, seventeen, eighteen, nineteen, twenty, twenty-one, twenty-two, twenty-three, twenty-four, twenty-five, twenty-six, twenty- eight, and thirty, as those precincts are described on the maps and property descriptions on file with the Auditor. of Franklin County. (Ord. 3724 Sec. 5, 2005; Ord. 3625 Sec. 5, 2003; Ord. 3479 Sec. 1, 2001; Ord. 3476 Sec. 5, 2001; Ord. 3365 Sec. 1, 1999; Ord. 3240 Sec. 1, 1997; Ord. 2824 Sec. 3, 1991; Ord. 2365 Sec. 2, 1982; Ord. 2284 Sec. 2, 1981; Ord. 1871 Sec. 1 (part), 1977.) 1.10.070 ELECTION OF COUNCILMEN COUNCILMAN-AT-LARGE. The qualified electors of each voting district, and they only, shall nominate from among their number candidates for the office of councilman of such voting district to be voted for at the following general election. Such candidates shall be nominated in the same manner as other candidates at the primary election held on the third Tuesday of September preceding a general election. In addition, two councilmen, designated councilmen-at-large, shall be nominated in a similar manner. One of the councilman-at-large positions shall be designated as council position number one. The City Clerk, not fewer than ten days prior to the time for filing declarations of candidacy in the next councilman election, shall designate, by consecutive numbers, commencing with number two and ending with number seven, all other positions on the council to be nominated by district or to be elected-at-large. The two candidates having the highest vote totals for each council position shall be certified as having been nominated and shall run for that position in the general election. Councilmen shall be elected by all of the qualified voters of the City and the person receiving the highest number of votes for the office of councilman for the position for which he is a candidate shall be declared duly elected. (Ord. 1955 Sec. 1, 1978; Ord. 1472 Sec. 7, 1971.) 1.10.080 COUNCILMEN - RESIDENTIAL REQUIREMENT REMOVAL. Councilmen elected from districts shall be residents of the district from which they are elected. Removal of a councilman from the district from which he was elected shall create a vacancy in that office; provided, that no change in the boundaries of districts shall affect the term of any councilman, but he shall serve out his term in the district of his residence at the time of his election. (Ord. 1873 Sec. 1, 1977; Ord. 1472 Sec. 8, 1971.) 1.10.090 RE-ESTABLISHMENT OF DISTRICT BOUNDARIES. The Council shall re-establish district boundaries whenever the population in any district exceeds by ten percent or more the population in any other district; provided, that no change in the boundaries of any district shall be made within sixty days next before the date of a general municipal election, nor within twelve months after the districts have been established or altered. (Ord. 3476 Sec. 6, 2001; Ord. 1472 Sec. 9, 1971.) 1.10.100 ANNEXATION. When additional territory is added to the City, it may, by act of the City Council, be annexed to contiguous districts or attached to any other district as the Council may determine without affecting the right to re-district at the expiration of twelve months after the last previous division. (Ord. 3476 Sec. 7, 2001; Ord. 1472 Sec. 10, 1971.) 1.10.110 RECALL PETITIONS. Any registered voter shall be eligible to sign a petition for the recall of any councilman. (Ord. 1472 Sec. 11, 1971.) 1.10.120 FILLING VACANCIES. If a vacancy in the Council occurs or if a district office is not filled by the election process, the remaining members of the City Council shall appoint a person to fill such office until the next regular general municipal election, at which time a person shall be elected to serve for the remainder of the unexpired term. Persons appointed to fill district offices shall be the residents of that district. (Ord. 1472 Sec. 12, 1971.) 1.10.130 VOTING PRECINCTS. Voting precincts within the five districts shall be established by the City Manager or under his direction and shall be submitted to the County Commissioners, Franklin County, for approval. No voting precinct shall be located in more than one district. (Ord. 1472 Sec. 13, 1971.) AGENDA REPORT FOR: City Counci I May 9, 2007 TO: Gary Crutchfi l t anager W/Shop Mtg.: 05/14/07 Stan Strebel, A i tive & Community ervices Director Regular Mtg.: 05/21/07 FROM: Debbie Clark, City Clerk SUBJECT: COMMERCIAL KENNELS--- STANDARDS AND INSPECTIONS — I. REFERENCE(S): Proposed Ordinance II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 05/14: Discussion 05/21: Motion: I move to adopt Ordinance No. amending section 8.02.250 Kennels - Licensing Provision - Commercial Kennels, of the Pasco Municipal Code; adding a new section 8.02.255 Kennel — Standards and Inspection — Commercial Kennels; and authorize the publication by summary only. I11. FISCAL IMPACT: None IV, HISTORY AND FACTS BRIEF: A) The PMC currently requires the commercial kennel application and inspection process to be through the Poundmaster (8.02.250), with a one time inspection fee of$50 (3.07.020). B) Effective April 1, 2007 the ACA awarded the Animal Control (Poundmaster) contract to A2Z Animal Sheltering Services. The new contractor currently owns and operates a commercial kennel - not associated with the Animal Control contract. In an effort' to maintain impartiality regarding commercial kennel inspections staff is recommending the kennel application and business license application to be processed by the City Clerk's office; and kennel inspections to be performed annually by the City's Inspection Services Manager. The other ACA cities are expected to similarly amend their ordinances, depending on their internal inspection organization, with the intent being to remove the ACA contractor from this process. C) The PMC currently lacks any standards for commercial kennels. In order to establish standards, the ACA recommends the adoption of 8.02.255 Kennel -- Standards and Inspection — Commercial Kennels. The majority of the proposed standards were acquired through WAC 246-933-320 and by contacting various agencies. D) By amending 8.02.250 and adding 8.02.255, staff is of the opinion kennel owners will be provided an impartial inspection service and the animals maintained within such kennels will be provided housing standards acceptable to the City. 3(c) ORDINANCE NO AN ORDINANCE of the City of Pasco, amending Section 8.02.250 of the Pasco Municipal Code and adding Section 8.02.255, regarding animal control commercial kennel licensing, standards and inspections. WHEREAS, the City Council of the City of Pasco has determined that certain amendments regarding commercial kennel licensing, standards and inspections are warranted; NOW, THEREFORE, The City Council of the City of Pasco, Washington, Does Ordain as Follows: (deletions by interlineations, additions by underlining) Section 1. That Section 8.02.250 of the Pasco Municipal Code is hereby amended to read as follows: 8.02.250 KENNELS - LICENSING PROVISION - COMMERICAL KENNELS. No person, firm or corporation shall maintain a commercial kennel within the City without having a current business license and valid commercial kennel license therefore posted in plain view on the premises. The u^„amaster The City Clerk shall issue an annual business license and commercial kennel licenses upon the payment of an annual fee as established by the City Council fFeFA time to time in Chapter 3.07 of this Code and upon receipt of an annual Certificate of Inspection from the Inspection Services Manager. No license shall be issued for a commercial kennel located in violation of any zoning regulations governing the location of commercial kennels, or operated in violation of any other law. (Ord. 3326 Sec. 1, 1998.) Section 2. That Section 8.02.255 of the Pasco Municipal Code is added to read as follows: 8.02.255 KENNEL — STANDARDS AND INSPECTION COMMERCIAL KENNELS. (1) Construction and maintenance: All facilities shall be so constructed and maintained as to provide comfort and safety for animals. All areas of the premises shall be maintained in a clean and orderly condition, free of objectionable odors. All facilities shall comply with applicable state and municipal laws, ordinances and regulations. (2) Ventilation: Adequate heating and cooling shall be provided for the comfort of the animals, and the facility shall have sufficient ventilation in all areas. Kennels and animal shelters must provide for a minimum of three air changes per hour. (3) Lighting: Proper lighting shall be provided in all rooms utilized for the care and confinement of animals. Outside lighting shall be adequate to identify the building and to assist the animal caregivers and clients. (4)Water: Potable water shall be provided. (5) Basic sanitation: Any equipment, instruments or facilities used in the confinement and treatment of animals shall be clean and sanitary at all times to protect against the spread of diseases, parasites and infection. (6) Waste disposal: Covered waste containers, impermeable by water, shall be used for the removal and disposal of animal and food wastes, bedding, animal tissues, debris and other waste. Disposal facilities shall be so operated as to minimize insect or other vermin infestation, and to prevent odor and disease hazards or other nuisance conditions. (7) Animal housing areas: Any facility confining animals shall have individual cages, pens, exercise areas or stalls to confine said animals in a comfortable, sanitary and safe manner. (8) Runs and exercise area: All runs and exercise pens shall be of adequate size to allow comfort and exercise. Runs and exercise pens shall provide and allow effective separation of adjacent animals and their waste products, and shall be constructed in such a manner as to protect against escape or injury. Floors of runs shall be of impervious material. The facility shall use refrigeration and employ a procedure for the prompt, sanitary and esthetic disposal of dead animals which complies with all applicable state, county and municipal laws, ordinances and regulations. Section 3. This ordinance shall take effect and be in force from and after its passage and five days following its publication as required by law. PASSED by the City Council of the City of Pasco, Washington and approved as provided by law this day of , 2007. Joyce Olson, Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney CITY OF PASCO SUMMARY OF ORDINANCE CITY OF PASCO SUMMARY ORDINANCE NO. . At a regular meeting held May 21, 2007, the Pasco City Council adopted Ordinance No. �; an ordinance amending Section 8.02.250 Kennels — Licensing Provision — commercial Kennels; and adding new Section 8.02.255 Kennel — Standards and Inspection—Commercial Kennels. Ordinance amends the original code by inserting City Clerk and deleting Poundmaster; adding the requirement of an annual business license and annual Certificate of Inspection; Ordinance provides Kennel Standards and Inspection. The Ordinance shall take effect five days after publication in the official newspaper of the City of Pasco. The full text of Ordinance No. is available for review and copying on the city website at www.ci.pasco.wa.us or will be mailed upon request from the City Clerk at 509-545-3402 or P. O. Box 293, Pasco, WA 99301-0293. Sandy Kenworthy, Deputy City Clerk AGENDA REPORT NO.41 FOR: City Council DATE: May 9, 2007 TO: Gary Crutchfi Manager WORKSHOP: 5/14/07 Richard J. Smi , Di ector �� REGULAR: 5/21/07 Community n Economic Develo ment Y P FROM: David I. McDonald, City Planner� SUBJECT: Proposed Code Amendment (Approval Time Frames for Subdivisions) PMC- Title 4 (MF # CA07-001) I. REFERENCE(S): A. Proposed Ordinance B. Staff memo to the Planning Commission C. Planning Commission minutes dated 3/15/07 & 4/ 19/07 II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 5/ 14/07: Discussion: 5/21/07: Motion: I move to adopt Ordinance No. establishing approval time frames for subdivisions and, further, to authorize publication by summary only. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. Following a public workshop session in March the Planning Commission held a Public Hearing on April 191h to consider a code amendment dealing with approval time frames for subdivisions. III. DISCUSSION: A. State Law (RCW 58.17.140) regulating the processing of subdivisions requires local jurisdictions to approve or disapprove preliminary plats within 90 days and final plats within 30 days of filing an application. Short Plats are also required to be approved within 30 days of receipt of an application. B. The permitting and development approval process contained in Title 4 of the Municipal Code has a 120 day approval time frame for all activities contained within the zoning and subdivision regulations. The local approval process for preliminary plat approval is no longer consistent with State enabling legislation granting the City the right to process and approve preliminary plats. C. The proposed ordinance recommended by the Planning Commission brings the City's subdivision approval time frames in line with State Law. 3(d) ORDINANCE NO. AN ORDINANCE amending PMC Title 4 relating to the permit process and time frames for preliminary plat and short plat approval. WHEREAS, cities have the responsibility to regulate and control the physical development within their borders and insure the public health, safety and welfare are maintained; and, WHEREAS, the City of Pasco has subdivision regulations that guide growth development in the City; and, WHEREAS, from time to time, the City Council causes the subdivision regulations to be reviewed to insure they fulfill their intended purposes; and, WHEREAS, the City Council has determined that to further the purposes of maintaining a quality community, it is necessary to amend PMC Title 4; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. That Section 4.02.070 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 4.02.070 DETERMINING TIME LIMITS. (1) Except as otherwise provided in subsection (2) of this section, the Director shall issue a notice of final decision on a project permit application within one hundred twenty days after notifying the applicant that the application is complete, as provided in Section 4.02.060. In determining the number of days that have elapsed after the Director has notified the applicant that the application is complete, the following periods shall be excluded: (a) (i.) Any period during which the applicant has been requested to correct plans, perform required studies, or proved additional required information. The period shall be calculated from the date the Director notifies the applicant of the need for additional information until the earlier of the date the Director determines whether the additional information satisfies the request for information or fourteen days after the date the information has been provided; (ii) If the Director determines that the information submitted by the applicant under (a)(i) of this subsection is insufficient, he shall notify the applicant of the deficiencies and the procedures under (a)(i) of this subsection shall apply as if a new request for studies had been made; (b) Any period during which an environmental impact statement is being prepared following a determination of significance pursuant to Chapter 43.21 C RCW; (c) Any period for administrative appeals of project permits, if an open record appeal hearing or a closed record appeal, or both, are allowed. The time period for considering and deciding shall not exceed: (i) Ninety days for an open record appeal hearing and (ii) sixty days for a closed record appeal. The parties to an appeal may agree to extend these time periods; and (d) Any extension of time mutually agreed upon by the applicant and the Director. (2) The time limits established by subsection (1) of this section do not apply if a project permit application; (a) Requires an amendment to the comprehensive plan or a development regulation; (b) Requires approval of a new fully contained. community as provided in RCW 36.70A.350, a master planned resort as provided in RCW 36.70A.360, or the siting of an essential public facility as provided in RCW 36.70A.200; or (c) Is substantially revised by the applicant, in which case the time period shall start from the date at which the revised project application is determined to be complete under Section 4.02.060. (3) If the Director is unable to issue its final decision within the time limits provided for in this section, written notice of this fact shall be provided to the project applicant. The notice shall include a statement of reasons why the time limits have not been met and an estimated date for issuance of the notice for final decision. (4) Preliminary plats: Unless the applicant consents to an extension a decision to approve, disapprove, or return to the applicant for modification or correction shall be rendered on a preliminary plat within ninety (90) days from the date of a complete application. If an environmental impact statement is required the ninety (90) day review period does not include the time spent preparing and circulating the environmental impact statement. (5) Final Plats: Final plats shall be approved, disapproved or returned to the applicant for modification or correction within thirty (30) days from the date of a complete application. (6) Short Plats and Binding Site Plans: Shortplats_and binding site plans shall be approved, disapproved or returned to the applicant for modification or correction within thirty(30) days from the date of a complete application. Section 3. This ordinance shall be in full force and effect five days after passage and publication as required by law. 2 PASSED by the City Council of the City of Pasco, at its regular meeting of 2007. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy Leland B. Kerr Deputy City Clerk City Attorney 3 CITY OF PASCO SUMMARY OF ORDINANCE NO. ORDINANCE NO. , amends PMC Title 4 dealing with subdivision approval time frames. The full text of Ordinance No. , is available free of charge to any person who requests it from the City Clerk of the City of Pasco (509) 545-3402, P.O. Box 293, Pasco, Washington 99301. Sandy L. Kenworthy, Deputy City Clerk 4 MEMORANDUM DATE: April 19, 2007 TO: Planning Commission FROM: Dave McDonald, City Planner SUBJECT: Approval time Frames for Subdivisions CA07-001 Staff has recently been advised that the State Law regulating the approval or disapproval of preliminary plats has been changed. The law states that all preliminary plats are to be approved within 90 days of filing an application. The 90 day period can only be extended if the applicant consents to an extension or if an environmental impact statement is required. Final plats are to be approved or disapproved within 30 days of filing an application. The law also stipulates that short plats must be approved within 30 days of filing an application. The Pasco code correctly provides for a 30 day approval process on short plats but permits 120 for preliminary plat approval. The City's approval process for plats needs to be amended to reflect the time frames provided in the State Law. The proposed code amendment (attached) modifies the approval process outlined in Title 4 of the Municipal Code by clearly identifying the time frame for the approval of preliminary plats, short plats and binding site plans. This matter was reviewed by the Planning Commission in a workshop on March 15th. The proposed code amendment has been scheduled for a public hearing on April 19ti1. Recommendation Motion: I move the Planning Commission recommend the City Council amend the Pasco Municipal code by incorporating the state mandated time frames for plat approvals. Planning Commission Minutes 3/15/07 B. Code Amendment Plat Approval Time Frames (City of Pasco) (MF #CAO7-001) Vice Chairman Samuel read the Master file and asked Staff for a report. Staff explained that they have recently been made aware of a State law that dictates specific time frames for the approval of preliminary, final and short plats. The City Code currently requires approval of plats within 120 days; which is at odds with the State law which requires approval within 90 days. Staff recommended Title 4 be amended to include the 90 day provision for preliminary plats and 30 days for short plats, binding site plans and final plats. Commissioner Anderson asked if these changes will have minimal or significant impact on the way staff processes applications. Staff responded that it won't impact the way that short plats or binding site plans are processed, because the City Code is already in compliance with State law. It will however require more diligence in how preliminary plats are processed. Commissioner Little asked if the Planning Commission process will be impacted by these changes. Staff responded that the Planning Commission process will stay the same. Vice Chairman Samuel asked for clarification regarding section 4.02.070; the term "the Director" is used. He wondered if that refers to the Director of Planning, Director of Engineering, etc. Staff responded that the reference was to the Community Development Director. The next step in the process will be for staff to publish notice in the newspaper for a public hearing. Planning Commission Minutes 4/19/07 D. Code Amendment Plat Approval Time Frames (City of Pasco) (MF #CA07-001) Chairman McCollum read the master file number and asked the Staff for a report. Staff addressed the Commission and stated that notice of the hearing had been published in the newspaper. It was explained that a workshop session was held at last month's Planning Commission meeting wherein the Planning Commission discussed this issue. Staff reminded the Commissioners that the City's code for approval time frames for plats was longer in compliance with State Law and needed to be changed. Preliminary Plats are required to be approved within 90 days of acceptance of a complete application; Short Plats must be approved within 30 days; Final Plats must be approved within 30 days. A proposed Ordinance before the Planning Commission would bring the City Code in line with state law. The Chairperson opened the Public Hearing. After three calls for public comment the Chairman closed the Public Hearing. Commissioner Samuel moved to close the hearing on the proposed Code Amendment and recommend approval to the City Council. Commissioner Anderson seconded the motion; motion carried unanimously. AGENDA REPORT FOR: City Council May 10, 2007 TO: Gary Crutch i it anager Workshop Mtg.: 5/14/07 Regular Mtg.: 5/21/07 FROM: Stan Strebel, dministrative and Community Services Director SUBJECT: Fees for Chiawana Park I. REFERENCE(S): A. Proposed Ordinance II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 5/14: Discussion 5/21: MOTION: I move to adopt Ordinance No. setting facility reservation/use fees for Chiawana Park and amending Section 3.07.040 `Building Rental" of the Pasco Municipal Code and further, to authorize publication by summary only. III. FISCAL IMPACT: Estimate $5,000 - $7,000 annually. 1V. HISTORY AND FACTS BRIEF: A) Throughout its lease experience with Chiawana Park, Franklin County charged fees and deposits for the reservation of picnic shelters at the park. Federal law allows lessees of government property to charge such fees provided that the income not exceed the expense needed to maintain the property. B) Last summer, the City maintained the park by cost sharing agreement with the Army Corps of Engineers, as it was not determined if the City and COE would enter into a lease. In 2006, the Corps of Engineers collected fees for reservations. In the current cost sharing agreement, pending finalization of the lease agreement, the COE has declined to continue to provide this reservation service and fee collection. C) As the City cannot collect and keep reservation/use fees until the lease is in place, staff approached the COE to get permission to collect such fees on behalf of the COE until the lease is effective. This has been approved. D) It will be more fair and less confusing to the public if the reservation/use fee schedule is implemented for the entire season as opposed to just that portion of the season following the lease effective date. Staff has developed the attached Ordinance which creates a fee schedule which is based on parts of the schedules used previously by both the County and COE, (which were both different) for the picnic shelters and recommends adoption thereof. Fees collected prior to the lease effective date will be remitted to the COE. Fees collected after that date will be credited to the City's account for Chiawana Park maintenance. 3(e) ORDINANCE NO AN ORDINANCE of the City of Pasco, amending certain Sections of the Pasco Municipal Code regarding building rental fees. WHEREAS, the City Council of the City of Pasco has determined that certain amendments regarding building rental fees are warranted; NOW, THEREFORE,The City Council of the City of Pasco,Washington, Does Ordain as Follows: (deletions by interlineations, additions by underlining) Section 1. That Section 3.07.040 BUILDING RENTAL of the Pasco Municipal Code is amended to read as follows: 3.07.040 BUILDING RENTAL: Non- For- Reference Profit profit A) City Hall Activity Center $10.00/hr. $12.00/hr. Res-2272 B) Kurtzman Building $15.00/hr. $30.00/hr. Res-2272 Additional cost for supervisor may apply. C) Martin Luther King Center Gym $50.00 $100.00 Res-2272 Additional cost for supervisor may apply. 1) Athletics $10.00/hr. $12.00/hr. Res-2272 D) Senior Center 1) Multi-Purpose/Education Room $50.00 $75.00 Res-2272 2) Craft/Card Room $30.00 $40.00 Res-2272 3) Senior Center $300.00 $400.00 Res-2272 (Ord. 3543, 2002) E) Picnic Shelters— Chiawana Deposit '/z Day Full Day Reference Park 1) Large Shelter $100.00 $40.00 $70.00 Ord- 2) Small Shelter 50.00 $15.00 25.00 Ord- 3) Full Park $200.00 $70.00 $120.00 Ord- Required for groups of 200+ Section 2. This ordinance shall take effect and be in force from and after its passage and five days following its publication as required by law_ PASSED by the City Council of the City of Pasco at its regular meeting this day of ) 2007. Joyce Olson, Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy, Deputy City Clerk Leland B. Kerr, City Attorney CITY OF PASCO SUMMARY OF ORDINANCE NO. ORDINANCE NO. is an ordinance setting facility reservation/user fees for Chiawana Park and amending Section 3.07.040 "Building Rental" of the Pasco Municipal Code. This ordinance is effective five days after publication. The full text of Ordinance No. , is available free of charges and will be mailed (electronically or via postal service)to any person who requests it from the City Clerk of the City of Pasco(509) 545-3402, P.O. Box 293, Pasco, Washington 99301-0293. AGENDA REPORT NO. 12 FOR: City Council DATE: May 10, 2007 TO: Gary Crutchfi Manager Workshop Mtg: May 14, 2007 Regular Mtg: May 21, 2007 FROM: Robert J. Alber , i ublic Works SUBJECT: Catch Basin Cleaning Project I. REFERENCE(S): 1. Quote Summary 11. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 5/14/07: Discussion 5/21/07: MOTION: I move to approve the purchase of goods and services from Iron Horse Vac, LLC for the Catch Basin Cleaning Project, in the amount of$59,348.40 including applicable sales tax. Ill. FISCAL IMPACT: Storm Water Fund IV. HISTORY AND FACTS BRIEF: Staff has received three quotes for a catch basin cleaning project. The low quote was received from Iron Horse Vac, LLC in the amount of $59,348.40 including sales tax. The second lowest quote was received from PSC in the amount of $86,089.84 including sales tax. The Public Works Department has fallen behind on the routine maintenance program of catch basins. The proposed project is to have 1500 catch basins cleaned by contract. This will meet the needs of the cleaning program for 2007. By not catching up on the cleaning program, staff will be behind going into 2008 and will fall further behind at current staff levels. This program will be addressed in the budget process as well as the Utility Rate Study that Council has authorized. Staff recommends that Council approve the purchase of goods and services from Iron Horse Vac, LLC and add $60,000 to the year end Supplemental Budget. V. ADMINISTRATIVE ROUTING Project File 3(f) QUOTE SUMMARY CATCH BASIN CLEANING PROJECT IRON HORSE VAC, LLC $59,348.40 PSC $869089.94 RAY POLAND & SONS $1729150.97