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