HomeMy WebLinkAbout2019.02.19 Council Meeting PacketRegular Meeting
AGENDA
PASCO CITY COUNCIL
7:00 p.m.
February 19, 2019
Page
1. CALL TO ORDER:
2. ROLL CALL:
(a) Pledge of Allegiance
3. CONSENT AGENDA: All items listed under the Consent Agenda are considered
to be routine by the City Council and will be enacted by roll call vote as one motion
(in the form listed below). There will be no separate discussion of these items. If
further discussion is desired by Council members or the public, the item may be
removed from the Consent Agenda to the Regular Agenda and considered
separately.
4 - 7 (a) Approval of Minutes
To approve the minutes of the Pasco City Council Special Meeting dated
February 11, 2019.
8 - 10 (b) Bills and Communications
To approve claims in the total amount of $2,045,355.71 ($1,218,278.01 in
Check Nos. 227290-227521; $32,708.94 in Electronic Transfer Nos.
823487, 823565; $19,382.73 in Check Nos. 52417-52433; $774,986.03 in
Electronic Transfer Nos. 30130286-30130793).
To approve bad debt write-off for Utility Billing, Ambulance, Cemetery,
General Accounts, Miscellaneous Accounts, and Municipal Court (non-
criminal, criminal, and parking) accounts receivable in the total amount of
$344,971.95 and, of that amount, authorize $248,299.20 to be turned over
for collection.
(RC) MOTION: I move to approve the Consent Agenda as read.
4. PROCLAMATIONS AND ACKNOWLEDGEMENTS:
5. VISITORS - OTHER THAN AGENDA ITEMS: This item is provided to allow
citizens the opportunity to bring items to the attention of the City Council or to
express an opinion on an issue. Its purpose is not to provide a venue for debate or
for the posing of questions with the expectation of an immediate response. Some
questions require consideration by Council over time and after a deliberative
Page 1 of 76
Regular Meeting February 19, 2019
process with input from a number of different sources; some questions are best
directed to staff members who have access to specific information. Citizen
comments will normally be limited to three minutes each by the Mayor. Those with
lengthy messages are invited to summarize their comments and/or submit written
information for consideration by the Council outside of formal meetings.
6. REPORTS FROM COMMITTEES AND/OR OFFICERS:
(a) Verbal Reports from Councilmembers
7. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND
RESOLUTIONS RELATING THERETO:
8. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS:
11 - 33 (a) Rivershore Reconveyance Update and Discussion
Option 1 - MOTION: I move to approve Resolution No. 3894, requesting
reconveyance of specific federally-owned park lands, unneeded flowage
easements, and openspace lands along the Columbia River to City of Pasco
ownership.
- or -
Option 2 - MOTION: I moved to approve Resolution No. 3894, requesting
reconveyance of specific federally-owned park lands, unneeded flowage
easements, openspace, and federal shoreline lands abutting private properties
along the Columbia River to City of Pasco ownership.
34 - 38 (b) *Ordinance Amending PMC Regarding "Purchasing"
MOTION: I move to adopt Ordinance No. 4423, amending Chapter 3.85
"Purchasing" of the Pasco Municipal Code and, further, authorize
publication by summary only.
39 - 65 (c) *Administrative Review of Right-of-Way Dedications and Short Plat
Right-of-Way Improvements (MF# CA 2018-005)
MOTION: I move to adopt Ordinance No. 4424, amending PMC Title 26
regarding the dedication of public rights-of-way, and further, authorize
publication by summary only.
66 - 76 (d) *Single Room Occupancy Housing (MF# CA 2018-004)
MOTION: I move to adopt Ordinance No. 4425, amending PMC Title 25
allowing Single Room Occupancy Housing, and further, authorize
publication by summary only.
9. UNFINISHED BUSINESS:
Page 2 of 76
Regular Meeting February 19, 2019
10. NEW BUSINESS:
11. MISCELLANEOUS DISCUSSION:
12. EXECUTIVE SESSION:
13. ADJOURNMENT.
(RC) Roll Call Vote Required
* Item not previously discussed
Q Quasi-Judicial Matter
MF# “Master File #....”
REMINDERS:
• Tuesday, February 19, 6:00 p.m., LEOFF Disability Board – City Hall Conference
Room 1, Pasco City Hall (MAYOR MATT WATKINS, Rep.; COUNCILMEMBER
CRAIG MALONEY, Alt.)
• Wednesday, February 20, 5:30 p.m., Benton, Franklin & Walla Walla Counties Good
Roads & Transportation Association Meeting – Clover Island Inn,
Kennewick(COUNCILMEMBER RUBEN ALVARADO, Rep.;
COUNCILMEMBER SAUL MARTINEZ, Alt.)
• Thursday, February 21, 4:00 p.m., Tri-Cities National Park Committee Meeting – Tri-
Cities Regional Business & Visitor Center, Bechtel Board Room, 7130 W. Grandridge
Blvd., Kennewick (MAYOR MATT WATKINS).
This meeting is broadcast live on PSC-TV Channel 191 on Charter Cable and streamed
at www.pasco-wa.gov/psctvlive.
Audio equipment available for the hearing impaired; contact the Clerk for assistance.
Spanish language interpreter service may be provided upon request. Please provide two
business day's notice to the City Clerk to ensure availability. (Servicio de intérprete
puede estar disponible con aviso. Por favor avisa la Secretaria Municipal dos días antes
para garantizar la disponibilidad.)
Page 3 of 76
AGENDA REPORT
FOR: City Council February 15, 2019
TO: Dave Zabell, City Manager Regular Meeting: 2/19/19
FROM: Daniela Erickson, City Clerk
Administrative & Community Services
SUBJECT: Approval of Minutes
I. REFERENCE(S):
Minutes 2.11.19
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: To approve the minutes of the Pasco City Council Special Meeting dated
February 11, 2019.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
Page 4 of 76
SPECIAL MEETING
MINUTES
PASCO CITY COUNCIL FEBRUARY 11, 2019
CALL TO ORDER:
The meeting was called to order at 6:00 p.m. by Matt Watkins, Mayor.
ROLL CALL:
Councilmembers present: Ruben Alvarado, Blanche Barajas, Craig Maloney,
Saul Martinez, David Milne, Pete Serrano, and Matt Watkins.
Staff present: Dave Zabell, City Manager; Stan Strebel, Deputy City Manager;
Steve Worley, Public Works Director; Rick White, Community & Economic
Development Director; Richa Sigdel, Finance Director; Ken Roske, Deputy
Police Chief and Bob Gear, Fire Chief.
The meeting was opened with the Pledge of Allegiance.
CONSENT AGENDA:
Approval of Minutes
MOTION: To approve the minutes of the Pasco City Council Regular Meeting
dated January 22, 2019.
Bills and Communications
To approve claims in the total amount of $2,808,974.55 ($1,935,403.12 in Check
Nos. 227053-227289; $98,899.78 in Electronic Transfer Nos. 823074-823097,
823112-823167, 823174-823212, 823215-823234, 823236-823261, 823272-
823352, 823354-823370; $21,324.71 in Check Nos. 52399-52416; $753,346.94
in Electronic Transfer Nos. 30129790-30130285).
Franklin County, Washington Multi-Hazard Mitigation Plan
To approve Resolution No. 3885 for the Franklin County, Washington Multi-
Hazard Mitigation Plan.
2019 Legislative Priorities - Amendment
To approve Resolution No. 3886, declaring the City's legislative priorities
(amended) for the 2019 session of the Washington State Legislature.
Sole Source for Hurst Extrication Tools from LN Curtis and Sons
To approve Resolution No. 3887 waiving the competitive bidding requirement
and approving the purchase of battery powered extrication tools from LN Curtis
and Sons.
Final Acceptance - Oregon Ave Waterline Project
To approve Resolution No. 3888 accepting the work performed by Big D's
Construction of Tri-Cities, Inc. for the Oregon Ave Waterline Project.
Final Acceptance - East Side Booster Pump Station
Page 5 of 76
SPECIAL MEETING
MINUTES
PASCO CITY COUNCIL FEBRUARY 11, 2019
To approve Resolution No. 3889 accepting the work performed by Big D's
Construction of Tri-Cities, Inc. for the East Side Booster Pump Station Project.
Mayoral Appointment of Councilmember Milne as Liaison to the Downtown
Pasco Development Authority and Councilmember Barajas as Alternate
Liaison
To confirm the Mayoral appointment of Councilmember Milne as Liaison to the
Downtown Pasco Development Authority and Councilmember Barajas as
Alternate Liaison.
MOTION: Mr. Maloney moved to approve the Consent Agenda as read. Mr.
Martinez seconded. Motion carried by unanimous Roll Call vote.
REPORTS FROM COMMITTEES AND/OR OFFICERS:
Verbal Reports from Councilmembers
• Mr. Maloney was in Olympia two weeks ago and met with various
Legislators, especially related to an aquatic facility.
• Mr. Martinez attended the recent Hanford Communities Governing Board
Meeting. Plans are in the works to begin cleaning up the "hot cell" within
the next year.
• Mr. Serrano wanted to recognize House Member Bill Jenkin who
recently suffered a heart attack and wish him well.
ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS:
Rezone: Five Parcels from R-2 to R-3 for Cedar Flats Subdivision (MF# Z
2018-008)
MOTION: Mr. Maloney moved to adopt Ordinance No. 4421, rezoning five
parcels in the 600 block of South Cedar Avenue from R-2 to R-3 and further,
authorize publication by summary only. Mr. Serrano seconded. Motion carried
unanimously.
Preliminary Plat: Cedar Flats (MF# PP 2018-009)
MOTION: Mr. Maloney moved to approve Resolution No. 3891, approving the
Preliminary Plat for Cedar Flats. Ms. Barajas seconded. Motion carried
unanimously.
Rezone: Four Parcels from C-1 and RT to C-3 (MF# Z2018-009)
MOTION: Mr. Maloney moved to adopt Ordinance No. 4422, rezoning four
parcels from C-1 (Retail Business District) and RT (Residential Transition) to C-
3 (General Commercial) with restrictions as contained in the Concomitant
Agreement, and further, authorize publication by summary only. Mr. Serrano
seconded. Motion carried unanimously.
ROW Vacation: Vacating a portion of Saint Thomas Drive (VAC 2019-001)
MOTION: Mr. Maloney moved to approve Resolution No. 3892, a resolution
setting 7:00 P.M., Monday, March 4, 2019 as the time and date to conduct a
public hearing to consider vacating a portion of Saint Thomas Drive near the
intersection of Saint Thomas Drive and Broadmoor Boulevard. Mr. Milne
seconded. Motion carried unanimously.
Page 6 of 76
SPECIAL MEETING
MINUTES
PASCO CITY COUNCIL FEBRUARY 11, 2019
Notice of Public Hearing - Final Assessment Roll Chapel Hill LID Project
MOTION: Mr. Maloney moved to approve Resolution No. 3893 fixing a time
and place of March 18, 2019 at 7:00 p.m., for a hearing on the final assessment
roll for Local Improvement District No. 150, and directing that notice thereof be
given in the manner required by law. Mr. Martinez seconded. Motion carried
unanimously.
NEW BUSINESS:
Bid Award - 14001 Harris Road Sewer Transmission Main
MOTION: Mr. Maloney moved to award the Harris Road Sewer Transmission
Main project to Culbert Construction, Inc. in the base bid amount of
$2,412,115.89 and, further, authorize the City Manager to execute the contract
documents. Ms. Barajas seconded. Motion carried unanimously.
MISCELLANEOUS DISCUSSION:
Mr. Zabell announced that the AWC Conference and Olympia Committee
Meetings were cancelled.
Mr. Zabell also announced that the City Clerk was leaving and wished her well.
EXECUTIVE SESSION:
Council adjourned to Executive Session at 6:35 p.m., for approximately ten
minutes regarding acquisition of real estate and to establish a sales price for real
estate.
Mayor Watkins called the meeting back to order at 6:45 p.m.
ADJOURNMENT:
There being no further business, the meeting was adjourned at 6:45 p.m.
PASSED AND APPROVED this 19th day of February 2019.
APPROVED: ATTEST:
Matt Watkins, Mayor City Clerk
Page 7 of 76
AGENDA REPORT
FOR: City Council February 14, 2019
TO: Dave Zabell, City Manager Regular Meeting: 2/19/19
FROM: Richa Sigdel, Director
Finance
SUBJECT: Bills and Communications
I. REFERENCE(S):
Accounts Payable 02.19.19
Bad Debt Write-off/Collection
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve claims in the total amount of $2,045,355.71 ($1,218,278.01 in Check Nos.
227290-227521; $32,708.94 in Electronic Transfer Nos. 823487, 823565; $19,382.73
in Check Nos. 52417-52433; $774,986.03 in Electronic Transfer Nos. 30130286-
30130793).
To approve bad debt write-off for Utility Billing, Ambulance, Cemetery, General
Accounts, Miscellaneous Accounts, and Municipal Court (non-criminal, criminal, and
parking) accounts receivable in the total amount of $344,971.95 and, of that amount,
authorize $248,299.20 to be turned over for collection.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
Page 8 of 76
REPORTING PERIOD:
February 19, 2019
Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined
Check Numbers 227290-227521 52417-52433
Total Check Amount $1,218,278.01 $19,382.73 Total Checks 1,237,660.74$
Electronic Transfer Numbers 823487 30130286-30130793
823565
Total EFT Amount $32,708.94 $774,986.03 $0.00 $0.00 Total EFTs 807,694.97$
Grand Total 2,045,355.71$
Councilmember
576,927.91
3,205.26
0.00
0.00
8.87
0.00
0.00
1,979.43
20,577.35
2,263.51
13,341.74
32,783.90
446.44
1,308.73
98,224.43
0.00
956.86
213.19
0.00
0.00
13,266.53
0.00
0.00
274,582.21
152,206.98
32,527.59
8,698.26
0.00
0.00
306.68
0.00
0.00
811,529.84
GRAND TOTAL ALL FUNDS:2,045,355.71$
EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL
EQUIPMENT RENTAL - REPLACEMENT BUSINESS
MEDICAL/DENTAL INSURANCE
OLD FIRE OPEB
FLEX
PAYROLL CLEARING
STADIUM/CONVENTION CENTER
LID
GENERAL CAP PROJECT CONSTRUCTION
UTILITY, WATER/SEWER
EQUIPMENT RENTAL - OPERATING GOVERNMENTAL
EQUIPMENT RENTAL - OPERATING BUSINESS
SPECIAL ASSESSMENT LODGING
LITTER ABATEMENT
REVOLVING ABATEMENT
TRAC DEVELOPMENT & OPERATING
PARKS
ECONOMIC DEVELOPMENT
ATHLETIC PROGRAMS
GOLF COURSE
SENIOR CENTER OPERATING
MULTI-MODAL FACILITY
RIVERSHORE TRAIL & MARINA MAIN
C.D. BLOCK GRANT
HOME CONSORTIUM GRANT
NSP GRANT
MARTIN LUTHER KING COMMUNITY CENTER
AMBULANCE SERVICE
CEMETERY
Councilmember
SUMMARY OF CLAIMS BY FUND:
GENERAL FUND
STREET
ARTERIAL STREET
STREET OVERLAY
City of Pasco, Franklin County, Washington
We, the undersigned, do hereby certify under penalty of perjury the materials have been furnished, the services rendered or the labor performed as
described herein and the claim is a just, due and unpaid obligation against the city and we are authorized to authenticate and certify to such claim.
Dave Zabell, City Manager Richa Sigdel, Finance Director
We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this
19th day of February, 2019 that the merchandise or services hereinafter specified have been received and are approved for payment:
January 31 - February 13, 2019
C I T Y O F P A S C O
Council Meeting of:
Accounts Payable Approved
The City Council
Page 9 of 76
BAD DEBT WRITE-OFF/COLLECTION
January 1 – January 31, 2019
1. UTILITY BILLING - These are all inactive accounts, 60 days or older. Direct write-off are
under $20 with no current forwarding address, or are accounts in "occupant" status. Accounts
submitted for collection exceed $20.00.
2. AMBULANCE - These are all delinquent accounts over 90 days past due or statements are
returned with no forwarding address. Those submitted for collection exceed $10.00. Direct
write off including DSHS and Medicare customers; the law requires that the City accept
assignment in these cases.
3. COURT ACCOUNTS RECEIVABLE - These are all delinquent non-criminal and criminal
fines, and parking violations over 30 days past due.
4. CODE ENFORCEMENT – LIENS - These are Code Enforcement violation penalties which
are either un-collectable or have been assigned for collections because the property owner has
not complied or paid the fine. There are still liens in place on these amounts which will
continue to be in effect until the property is brought into compliance and the debt associated
with these liens are paid.
5. CEMETERY - These are delinquent accounts over 120 days past due or statements are returned
with no forwarding address. Those submitted for collection exceed $10.00.
6. GENERAL - These are delinquent accounts over 120 days past due or statements are returned
with no forwarding address. Those submitted for collection exceed $10.00.
7. MISCELLANEOUS - These are delinquent accounts over 120 days past due or statements are
returned with no forwarding address. Those submitted for collection exceed $10.00.
Direct
Write-off
Referred to
Collection
Total
Write-off
Utility Billing $ 2.00 75.86 77.86
Ambulance $ 96,670.75 17,288.34 113,959.09
Court A/R $ .00 221,421.00 221,421.00
Code Enforcement $ .00 9,489.00 9,489.00
Cemetery $ .00 .00 .00
General $ .00 25.00 25.00
Miscellaneous $ .00 .00 .00
TOTAL: $ 96,672.75 248,299.20 344,971.95
Page 10 of 76
AGENDA REPORT
FOR: City Council January 23, 2019
TO: Dave Zabell, City Manager Regular Meeting: 2/19/19
FROM: Zach Ratkai, Director
Administrative & Community Services
SUBJECT: Rivershore Reconveyance Update and Discussion
I. REFERENCE(S):
Power Point Presentation
Resolution Option #1
Resolution Option #2
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Option 1 - MOTION: I move to approve Resolution No. __________, requesting
reconveyance of specific federally-owned park lands, unneeded flowage easements,
and openspace lands along the Columbia River to City of Pasco ownership.
- or -
Option 2 - MOTION: I moved to approve Resolution No. __________, requesting
reconveyance of specific federally-owned park lands, unneeded flowage easements,
openspace, and federal shoreline lands abutting private properties along the Columbia
River to City of Pasco ownership.
III. FISCAL IMPACT:
Unknown at this time.
IV. HISTORY AND FACTS BRIEF:
For the past couple years, the Tri-Cities region, facilitated through TRIDEC, has been
discussing the re-conveyance of the Columbia River shoreline from Federal control to
local agencies.
During the latter part of 2018, Kennewick, Pasco and Richland, in partnership with
TRIDEC each conducted public meetings to present information, gather input, and
gauge overall support for the project on the part of the public. During and since this
time, City Council has been continually updated.
Page 11 of 76
At the January 28, 2019 City Council Workshop, staff updated City Council on the
legal analysis provided by KL Gates, as retained through TRIDEC. That study outlined
the findings conducted regarding the following area of concern:
- Deed Restrictions historically placed on the properties at the original conveyance, and
what deed restrictions could be placed on property tranferred out of Federal ownership
to local entities.
- What environmental and development regulations apply on Federal property, what
would be exempted through transfer, and what would remain applicable should federal
property to conveyed to local entities.
- Tribal Treaties and Rights: How would a potential land transfer impact historical
tribal treaties and rights to the land and river access?
-Could offshore flowage easements be transferred from Federal Ownership to local
agencies?
During the workshop, staff and Council discussed lands that could be transferred back
to City ownership. Direction from Council was to examine two scenarios:
- Conveyance of recognized park lands, specifically Chiawana Park, Wade Park,
Schlagel Park/Pasco Boat Basin, a trail head on A Street at 25th Street, and identified
federal flowage easements within the urbanized part of Pasco and unincorporated
Franklin County no longer needed for flood control.
- Conveyance of all parcels discussed above, but also including federal land along
private shorelines in the area of west Pasco generally between Rd 108 and the I-182
bridge.
Staff has attached two (2) resolutions to the report for consideration.
TRIDEC has requested that all jurisdictions potentially interested in pursuing re-
conveyance provide details regarding their support/non-support and the extent of lands
each jurisdiction wishes to have conveyed to TR IDEC as soon as possible in order to
facilitate the drafting legislation for consideration by the United State Congress.
V. DISCUSSION:
City staff will provide a specific analysis and synopsis of the conveyance options, and
will present additional information on specific shoreline development requirements
along private property in the event of a transfer of ownership to the City.
Page 12 of 76
RESOLUTION NO. _________
A RESOLUTION OF THE CITY OF PASCO, REQUESTING
RECONVEYANCE OF SPECIFIC FEDERALLY-OWNED LANDS ALONG
AND IN THE VICINITY OF THE COLUMBIA RIVER TO CITYOF PASCO
OWNERSHIP
WHEREAS, most of the Columbia River shoreline and some of the lower Snake
River shoreline in the Tri-Cities Region was conveyed from local, public, and private
ownership and placed into federal ownership after the floods of 1948 and subsequent
construction of the McNary and John Day Dams; and,
WHEREAS, after several decades, upstream facilities have been constructed and
construction and management of the McNary and John Day infrastructure controlling the
Columbia River is now a refined practice that has changed the hydrology of the river such
that its flow is generally static, predictable and not subject to the threats of dynamic
fluctuations; and,
WHEREAS, the City of Pasco supports local ownership and control over these
shore lands to provide for improved opportunities for limited economic development and
enhanced recreational uses; and,
WHEREAS, the City of Pasco is engaged in the active management and
maintenance of park lands currently in Federal ownership that could benefit by local
control; and,
WHEREAS, the City of Pasco is desirous of obtaining park lands and off-shore
United States-owned parcels, as well as additional lands for the purpose of open space,
recreation, and parks purposes, with the exception of officially designated levee structures
or flood control infrastructure, as described in Exhibit A attached hereto; and,
WHEREAS, the City of Pasco reserves the right to amend the acquisition of
desired parcels after all conditions are made known; and,
WHEREAS, the City of Pasco commits itself to formal and robust consultation
with all applicable formally-recognized tribal nations during both the conveyance and
potential development process; and,
WHEREAS, the City of Pasco wishes to assure the public that conveyance of
Federally-owned lands through any associated legislation will only change the ownership
of such lands and that the City is committed to adherence to all local, State and Federal
laws and regulations pertaining to the maintenance, improvement or disturbance of
reconveyed federal lands;
Page 13 of 76
NOW, THEREFORE, the City of Pasco supports the efforts to re-convey to local
ownership the lands acquired by the U.S. Army Corps of Engineers within that area of the
Columbia River shoreline within the Pasco City Limits; and that such reconveyance also
include the release of property easements and other deed restrictions, such as, but not
limited to, flowage easements and occupancy restrictions.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON:
That the copy of this resolution and all associated exhibits be forwarded to the Tri-City
Economic Council and included in a package of support to the state of Washington’s
Congressional Delegation, and
PASSED by the City Council of the City of Pasco this _____ day of _____________, 2019.
_____________________________
Matt Watkins
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Daniela Erickson Kerr Law Group
City Clerk City Attorney
Page 14 of 76
EXHIBIT A
PARCEL NO. or LEGAL DESCRIPTION Common Name / General
(Legal Desc. Outlined in USACE Lease) Chiawana Park
(Legal Desc. Outlined in USACE Lease) Wade Park
119740022 A Street Trailhead
112402481 Schagel Park/Pasco Boat Basin
112402472 Schagel Park/Pasco Boat Basin
118581045 Federally-owned Offshore Parcel
118442116 Federally-owned Offshore Parcel
119111041 Federally-owned Offshore Parcel
118581054 Federally-owned Offshore Parcel
118612029 Federally-owned Offshore Parcel
118572377 Federally-owned Offshore Parcel
126160065 Non-Designated Open Space
Page 15 of 76
RESOLUTION NO. _________
A RESOLUTION OF THE CITY OF PASCO, REQUESTING
RECONVEYANCE OF SPECIFIC FEDERALLY-OWNED LANDS ALONG
AND IN THE VICINITY OF THE COLUMBIA RIVER TO CITYOF PASCO
OWNERSHIP
WHEREAS, most of the Columbia River shoreline and some of the lower Snake
River shoreline in the Tri-Cities Region was conveyed from local, public, and private
ownership and placed into federal ownership after the floods of 1948 and subsequent
construction of the McNary and John Day Dams; and,
WHEREAS, after several decades, upstream facilities have been constructed and
construction and management of the McNary and John Day infrastructure controlling the
Columbia River is now a refined practice that has changed the hydrology of the river such
that its flow is generally static, predictable and not subject to the threats of dynamic
fluctuations; and,
WHEREAS, the City of Pasco supports local ownership and control over these
shore lands to provide for improved opportunities for limited economic development and
enhanced recreational uses; and,
WHEREAS, the City of Pasco is engaged in the active management and
maintenance of park lands currently in Federal ownership that could benefit by local
control; and,
WHEREAS, the City of Pasco is desirous of obtaining park lands and off-shore
United States owned parcels and additional lands for the purpose of open space, recreation,
and parks purposes, as well as all remaining federally-owned lands abutting private parcels
with the exception of officially designated levee structures or flood control infrastructure,
as described in Exhibit A attached hereto; and,
WHEREAS, the City of Pasco reserves the right to amend the acquisition of
desired parcels after all conditions are made known; and,
WHEREAS, the City of Pasco commits itself to formal and robust consultation
with all applicable formally-recognized tribal nations during both the conveyance and
potential development process; and,
WHEREAS, the City of Pasco wishes to assure the public that conveyance of
Federally-owned lands through any associated legislation will only change the ownership
of such lands and that the City is committed to adherence to all local, State and Federal
laws and regulations pertaining to the maintenance, improvement or disturbance of
reconveyed federal lands;
Page 16 of 76
NOW, THEREFORE, the City of Pasco supports the efforts to re-convey to local
ownership the lands acquired by the U.S. Army Corps of Engineers within that area of the
Columbia River shoreline within the Pasco City Limits and Urban Growth Area; and that
such reconveyance also include the release of property easements and other deed
restrictions, such as, but not limited to, flowage easements and occupancy restrictions
deemed by the U.S. Army Corps of Engineers as unnecessary.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON:
That the copy of this resolution and all associated exhibits be forwarded to the Tri-City
Economic Council and included in a package of support to the state of Washington’s
Congressional Delegation, and
PASSED by the City Council of the City of Pasco this ____ day of ____________, 2019.
_____________________________
Matt Watkins
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Daniela Erickson Kerr Law Group
City Clerk City Attorney
Page 17 of 76
EXHIBIT A
PARCEL NO. or LEGAL DESCRIPTION Common Name / General
(Legal Desc. Outlined in USACE Lease) Chiawana Park
(Legal Desc. Outlined in USACE Lease) Wade Park
119740022 A Street Trailhead
112402481 Schagel Park/Pasco Boat Basin
112402472 Schagel Park/Pasco Boat Basin
118581045 Federally-owned Offshore Parcel
118442116 Federally-owned Offshore Parcel
119111041 Federally-owned Offshore Parcel
118581054 Federally-owned Offshore Parcel
118612029 Federally-owned Offshore Parcel
118572377 Federally-owned Offshore Parcel
126160065 Non-Designated Open Space
Requires Survey Prior to Conveyance Federal Parcels Abutting Private Property
Page 18 of 76
Page 19 of 76
Page 20 of 76
Page 21 of 76
Page 22 of 76
Page 23 of 76
Page 24 of 76
Page 25 of 76
Page 26 of 76
USACE Without Reconveyance USACE With Reconveyance
NEPA NEPA
Fish & Wildlife Coordination Act Fish & Wildlife Coordination Act
Endangered Species Act Endangered Species Act
National Historic Preservation Act National Historic Preservation Act
Tribal Nation Consultation Tribal Nation ConsultationPage 27 of 76
USACE Without Reconveyance*USACE With Reconveyance*
NEPA NEPA
Fish & Wildlife Coordination Act Fish & Wildlife Coordination Act
Endangered Species Act Endangered Species Act
National Historic Preservation Act National Historic Preservation Act
Tribal Nation Consultation Tribal Nation Consultation
USACE Permission
*Some exemptions may applyPage 28 of 76
City of Pasco –Without
Reconveyance
City of Pasco –Reconveyance
SEPA SEPA
SHPO Regulations/Review SHPO Regulations/Review
USACE Permission
Pasco SMP
•Critical Area Ordinance
•Development Permits
•Tribal Nation Consultation
Pasco SMP
•Critical Area Ordinance
•Development Permits
•Tribal Nation ConsultationPage 29 of 76
Shoreline Jurisdiction = 200’ Landward of OHWM
Shoreline Jurisdictions are “Critical Areas”
No Net Loss of Ecologic Function
•Width of Buffers Vary
Activities Within Buffers Regulated
Page 30 of 76
Critical Area Study/Mapping
•Survey Existing Conditions
•Biologic Inventory
•Ecologic Inventory
SEPA
•Referral to Agencies with Jurisdiction
Mitigation Sequencing
•Avoid
•Minimize
•Rectify
•Eliminate
•Compensate
•Monitor
Local Approval/Denial State Approval as Applicable
Page 31 of 76
Review/Update
•Public Participation Plan
•Shoreline Inventory
•Shoreline Functions
•Shoreline Inventory, Analysis, Characterization
•Shoreline Environmental Designations
•Cumulative Impact Analysis
Revise SMP
As Applicable
•SEPA Analysis
Local Approval
•Planning Commission
•City Council
Submittal to Dept. of Ecology
•Revise as necessary
Council Adoption
Page 32 of 76
Page 33 of 76
AGENDA REPORT
FOR: City Council February 7, 2019
TO: Dave Zabell, City Manager Regular Meeting: 2/19/19
FROM: Stan Strebel, Deputy City Manager
Executive
SUBJECT: Ordinance Amending PMC Regarding "Purchasing"
I. REFERENCE(S):
Proposed Ordinance
RCW 39.04.280
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: 3.85 Chapter Amending _______ No. adopt to move I Ordinance
"Purchasing" of the Pasco Municipal Code and, further, authorize publication by
summary only.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
In February the Council made changes to the purchasing authority of the City Manager
and directed preparation and implementation of a comprehensive purchasing policy.
The new policy became effective on October 1 (Administrative Order No. 470), and
most references to policy or procedure on purchasing or procurement in the PMC were
repealed in November
The attached draft ordinance creates a new PMC section which provides that the City
Manager may approve exemptions to competitive bidding requirements pursuant to
state law, and commensurate with the purchasing authority granted to the Manager
(less than $300,000) in PMC 3.85.010.
V. DISCUSSION:
Page 34 of 76
This ordinance will provide consistency within the City's purchase authority limits
while minimizing the number of administrative matters that require Council action.
Council will note that the requirements for approving exemptions to bidding
requirements are specified in the statute - RCW 39.04.280 (1)
Staff recommends approval of the Ordinance.
Page 35 of 76
RCW RCW 39.04.28039.04.280
Competitive bidding requirementsCompetitive bidding requirements——Exemptions.Exemptions.
This section provides uniform exemptions to competitive bidding requirements utilized This section provides uniform exemptions to competitive bidding requirements utilized
by municipalities when awarding contracts for public works and contracts for purchases. The by municipalities when awarding contracts for public works and contracts for purchases. The
statutes governing a specific type of municipality may also include other exemptions from statutes governing a specific type of municipality may also include other exemptions from
competitive bidding requirements. The purpose of this section is to supplement and not to limit competitive bidding requirements. The purpose of this section is to supplement and not to limit
the current powers of any municipality to provide exemptions from competitive bidding the current powers of any municipality to provide exemptions from competitive bidding
requirements.requirements.
(1) Competitive bidding requirements may be waived by the governing body of the (1) Competitive bidding requirements may be waived by the governing body of the
municipality for:municipality for:
(a) Purchases that are clearly and legitimately limited to a single source of supply;(a) Purchases that are clearly and legitimately limited to a single source of supply;
(b) Purchases involving special facilities or market conditions;(b) Purchases involving special facilities or market conditions;
(c) Purchases in the event of an emergency;(c) Purchases in the event of an emergency;
(d) Purchases of insurance or bonds; and(d) Purchases of insurance or bonds; and
(e) Public works in the event of an emergency.(e) Public works in the event of an emergency.
(2)(a) The waiver of competitive bidding requirements under subsection (1) of this (2)(a) The waiver of competitive bidding requirements under subsection (1) of this
section may be by resolution or by the terms of written policies adopted by the municipality, at section may be by resolution or by the terms of written policies adopted by the municipality, at
the option of the governing body of the municipality. If the governing body elects to waive the option of the governing body of the municipality. If the governing body elects to waive
competitive bidding requirements by the terms of written policies adopted by the municipality, competitive bidding requirements by the terms of written policies adopted by the municipality,
immediately after the award of any contract, the contract and the factual basis for the immediately after the award of any contract, the contract and the factual basis for the
exception must be recorded and open to public inspection.exception must be recorded and open to public inspection.
If a resolution is adopted by a governing body to waive competitive bidding If a resolution is adopted by a governing body to waive competitive bidding
requirements under (b) of this subsection, the resolution must recite the factual basis for the requirements under (b) of this subsection, the resolution must recite the factual basis for the
exception. This subsection (2)(a) does not apply in the event of an emergency.exception. This subsection (2)(a) does not apply in the event of an emergency.
(b) If an emergency exists, the person or persons designated by the governing body of (b) If an emergency exists, the person or persons designated by the governing body of
the municipality to act in the event of an emergency may declare an emergency situation the municipality to act in the event of an emergency may declare an emergency situation
exists, waive competitive bidding requirements, and award all necessary contracts on behalf exists, waive competitive bidding requirements, and award all necessary contracts on behalf
of the municipality to address the emergency situation. If a contract is awarded without of the municipality to address the emergency situation. If a contract is awarded without
competitive bidding due to an emergency, a written finding of the existence of an emergency competitive bidding due to an emergency, a written finding of the existence of an emergency
must be made by the governing body or its designee and duly entered of record no later than must be made by the governing body or its designee and duly entered of record no later than
two weeks following the award of the contract.two weeks following the award of the contract.
(3) For purposes of this section "emergency" means unforeseen circumstances (3) For purposes of this section "emergency" means unforeseen circumstances
beyond the control of the municipality that either: (a) Present a real, immediate threat to the beyond the control of the municipality that either: (a) Present a real, immediate threat to the
proper performance of essential functions; or (b) will likely result in material loss or damage to proper performance of essential functions; or (b) will likely result in material loss or damage to
property, bodily injury, or loss of life if immediate action is not taken.property, bodily injury, or loss of life if immediate action is not taken.
[ [ 1998 c 278 § 1.1998 c 278 § 1.]]
Page 1 of 1RCW 39.04.280: Competitive bidding requirements—Exemptions.
2/7/2019https://apps.leg.wa.gov/RCW/default.aspx?cite=39.04.280
Page 36 of 76
ORDINANCE NO. _____
AN ORDINANCE of the City of Pasco, Washington, Amending Chapter
3.85 “Purchasing” of the Pasco Municipal Code.
WHEREAS, in February 2018 the Pasco City Council approved Ordinance No. 4379
providing for changes to the purchasing authority granted to the City Manager and charging the
City Manager with the preparation and implementation of a comprehensive purchasing policy in
accordance with the law and policy; and
WHEREAS, by approval of the Administrative Order No. 470 on October 1, 2018, the
City Manager has provided for a new Purchasing Policy and Procedures directive; and
WHEREAS, the City Council desires to provide further clarification on the purchasing
authority of the City Manager; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1.That Chapter 3.85 entitled “Purchasing” of the Pasco Municipal Code,
shall be and hereby amended to include a new section, Section 3.85.015, Exemptions To
Competitive Bidding Requirements, and shall read as follows:
3.85.010 PURCHASE AUTHORITY. The City Manager is authorized to purchase any
materials, supplies, equipment or services where such purchase is authorized in the City’s current
budget with sufficient funds available, where the total cost (including applicable sales tax, etc.)
for such purchase will be less than $300,000. The City Manager shall report all purchases, in
excess of $100,000 to the City Council as part of the monthly financial report. (Ord. 4379, 2018;
Ord 4191, 2014)
3.85.015 EXEMPTIONS TO COMPETITIVE BIDDING REQUIREMENTS. Pursuant
to RCW 39.04.280, the City Council is authorized to approve exemptions from competitive
bidding requirements by written policy. It shall be the policy of the City Council that the City
Manager is authorized to approve exemptions from competitive bidding requirements for
amounts up to the purchase authority granted to the City Manager in this Chapter. The
procedures and criteria for exemptions shall be set forth in written direction and shall be in
accordance with applicable law.
3.85.020 PURCHASING POLICY AND PROCEDURES. The City Manager shall issue
directives for the purchase of any materials, supplies, equipment or services and shall advise the
City Council of the adoption of Purchasing Policy and Procedures and charges thereto. All
purchases shall be made and completed in accordance with applicable law. (Ord. 4403, 2018;
Ord 4191, 2014)
Section 2.This ordinance shall take full force and effect five (5) days after its
approval, passage and publication as required by law.
Page 37 of 76
PASSED by the City Council of the City of Pasco at a regular meeting on the ___ day of
_______________ 2019.
Matt Watkins, Mayor
ATTEST: APPROVED AS TO FORM ONLY:
Daniela Erickson, City Clerk Leland Kerr, City Attorney
Page 38 of 76
AGENDA REPORT
FOR: City Council February 12, 2019
TO: Dave Zabell, City Manager
Rick White, Director
Community & Economic Development
Regular Meeting: 2/19/19
FROM: Jeff Adams, Associate Planner
Community & Economic Development
SUBJECT: Administrative Review of Right-of-Way Dedications and Short Plat Right-of-
Way Improvements (MF# CA 2018-005)
I. REFERENCE(S):
Proposed Ordinance
Planning Commission Packet Dated: 01/17/19
Planning Commission Minutes Dated: 12/20/18 and 01/17/19
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to adopt Ordinance No. ____, amending PMC Title 26 regarding
the dedication of public rights-of-way, and further, authorize publication by summary
only.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
The City's short plat process is unclear dealing with dedication of rights-of-way and
guidance for improving those rights-of-way. As a matter of housekeeping, staff
proposes to clarify code language as it relates to three specific items, as follows:
1. Administrative Dedication of Rights-of-Way;
2. Application requirements; and
3. Right-of-Way Improvements.
The Planning Commission has considered the proposal at a workshop meeting of
11/15/18 and after a public hearing on 12/20/18, has forwarded a recommendation that
City Council approve the proposed code revisions.
Page 39 of 76
V. DISCUSSION:
PMC 26.04.110 requires that dedication of right-of-way must pass through the City
Council for confirmation, even though in some cases roadways have been in use for
decades. It is not uncommon for properties developed in the County to have property
lines extending to the center of an established (but not yet public) road. The most
common situation where this would apply is when the owner of recently annexed
property requests a building permit for a structure requiring a 20' or 25' setback from
the front property line and their property line extends 30' into a commonly recognized
roadway. The proposed ordinance allows the City to accept dedication of rights of way
without the need for formal Council action in certain circumstances.
The proposed ordinance also eliminates the requirement of listing the names of
adjoining landowners on short plat applications for the following reasons:
1. It is irrelevant to a short plat; and
2. It is subject to frequent change and therefore not appropriate for a survey that
becomes part of the permanent county record.
be requirement particular this requested that surveyors local of group A have
eliminated and staff agrees. There is no State requirement for this listing of names on
plat applications and the proposed ordinance eliminates this requirement from the
application process.
The also clarifies and establishes the following regarding proposed ordinance
improvements of rights of ways:
1. Right-of-way development shall meet City code;
2. The City Engineer shall determine what utility, infrastructure, and right-of-way
improvements are required for short plats within the City; and
3. The City Engineer may allow bonding or other applicable guarantees for rights
of way improvements in lieu of actual construction.
Staff requests Council discussion and subsequent approval of the proposed Ordinance.
Page 40 of 76
ORDINANCE NO._____
AN ORDINANCE AMENDING PMC TITLE 26 REGARDING THE DEDICATION OF PUBLIC
RIGHTS-OF-WAY
WHEREAS, cities have the responsibility to regulate and control physical development
within their borders and to ensure public health, safety and welfare are maintained; and,
WHEREAS, the purpose of Title 26.04 includes regulating the division of land within the
Pasco Urban Area, promoting the health, safety, convenience, comfort, prosperity and general
welfare of the present and future inhabitants of the Pasco Urban Area; reducing congestion and
promoting safe and convenient travel by the public on streets and hi ghways; promoting the
effective use of land; providing for proper ingress and egress; and implementing the goals,
objectives and policies of the Pasco Comprehensive Plan; and
WHEREAS, RCW 35.21.100 grants cities the right to accept “property donated, devised,
or bequeathed to it . . . [and to] expend or use it for any municipal purpose;” and
WHEREAS, RCW 35.21.880 allows, but does not require cities to “credit donations of
right-of-way in excess of that required for traffic improvement against . . . landscaping, parking,
or other requirements;” and
WHEREAS, City resolution 1372 Section 2(1) dated September 15, 1980 states in part “City
approval of . . . building permit applications, will not be given until sufficient and appropriate
rights-of-way consistent with current City standards, are dedicated for the required . . . streets
which are deemed necessary by the City for the proper circulation of traffic;” and,
WHEREAS, the City of Pasco contains numerous private parcels which do not contain
sufficient and appropriate dedicated rights-of-way; and
WHEREAS, some City of Pasco Municipal Code provisions, such as the placement of fences
and other structures, are based on the assumption of existing sufficient and appropriate rights-
of-way; and
WHEREAS, the City of Pasco is required to follow rule of law when issuing construction
permits; and
WHEREAS, the regulations must be driven by conformance with state and local law
that protect public interest, health and safety; and,
WHEREAS, in order to provide for the health, safety, and welfare of the community by
regulating the dedication of public rights-of-way the City Council hereby approves the
recommendation of the Planning Commission to amend the City of Pasco Municipal Code; NOW
THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. That Pasco Municipal code 26.04.110 shall be amended as follows:
26.04.040 EXCEPTIONS. The provisions of this Title shall not apply to:
1) Cemeteries and other burial plots while used for that purpose;
Page 41 of 76
2) Division of land not containing a dedication, in which the smallest lot created by the
division exceeds five acres in area;
3) Divisions made by testamentary provisions of the laws of descent;
4) Any division of land for the purpose of adjusting the boundary lines between platted
or unplatted lots or both, which does not create any new or additional lot, tract, site or division,
which contains insufficient area and dimension to meet minimum requirements for a building
site.
5) The dedication of sufficient and appropriate public street right-of-way where the
property line is located within 30 feet of the centerline of a clearly recognized and existing local
access or collector public street; or within 40 feet of the centerline of a clearly recognized and
existing primary or secondary arterial street; or within 50 feet of the centerline of a clearly
recognized and existing primary arterial street containing a landscape median .
26.04.110 DEDICATION PROCESS. The dedication of easements, rights- of-way, parks and
open space shall be accomplished by either submitting an individual document or by submitting
a binding site plan, short plat or final plat for approval showing the dedication thereon.
Acceptance by the City shall be identified by approval signatures on the documents listed above.
Dedication of land may also be made to the City by the submitter of a signed dedication
document containing a complete and accurate legal description of the property to be dedicated.
Following acceptance of the dedication of rights-of-way via individual document, binding site
plan, short plat, final plat or other administrative process document by the City Manager or
her/his appointee, or in the case of preliminary plats or other quasi-judicial processes,
acceptance of dedication by a majority affirmative vote of the City Council the dedication
document shall be recorded in the office of the Franklin County Auditor.
Section 2. That Pasco Municipal code 26.36.070 shall be amended as follows:
26.36.070 APPLICATION - CONTENT. Applications for approval of short plats shall contain:
(1) Six copies of a sketch (at a scale of one (1) inch to one hundred (100) feet) of the
entire contiguous tract owned by the applicant subdivider, in a paper format of eight een (18)
inches x twenty-four (24) inches with two inch margins which shall show:
(a) The owners of adjacent land and names of any adjacent subdivision;
(b) A vicinity map;
(c) Lines marking the boundaries of proposed lots, square footages of the
proposed lots and number of each lot;
Page 42 of 76
(d) Approximate locations of existing roads, cul-de-sacs, alleys and ways or
easements for such roads, and rights-of-way within and adjacent to the tract;
(e) Location, dimensions and usage designations for all proposed and existing
easements of record;
(f) Proposed source of water supply and method of sewage disposal for each
lot;
(g) The legal description and parcel number of the said tract and legal
descriptions of all proposed lots;
(h) The name and address of the owner or owners of the said tract;
(i) A completed Environmental Checklist form;
(j) Land Surveyor Certificate;
(k) Signatures of all recorded property owners agreeing to the division of
property;
(l) A utility easement and improvement statement shall be shown on the face
of the short plat in a manner prescribed by the appropriate utility provider;
(m) The signature block shall include the following:
(i) City Engineer.
(ii) City Planner Community and Economic Development Director.
(iii) County Auditor.
(iv) Franklin County Public Utility District or other utility district.
(v) Irrigation District (when applicable).
Section 3. That Pasco Municipal code 26.36.080 shall be amended as follows:
26.36.080 ADMINISTRATIVE DUTIES. The City Planner Community and Economic
Development Director or designee, is vested with the duty of administrating the provisions of
this chapter.
(1) An application for short plat approval shall be approved, approved with
conditions, returned to the applicant for modifications or denied with in thirty (30) days of its
receipt by the City Planner Community and Economic Development Director or designee unless
the applicant agrees, in writing, to an extension of this period. Th e City Planner Community and
Economic Development Director or designee shall not be considered to be in receipt of an
application for short plat approval unless and until such time as the application meets the
Page 43 of 76
requirements of Section 26.36.040, 26.36.050, 26.36.060 and 26.36.070, as determined by the
City Planner Community and Economic Development Director or designee. (Ord. 3758 Sec. 1,
2006).
(2) Upon receiving a complete application for short plat approval, the City Planner
Community and Economic Development Director or designee shall transmit a copy of the short
plat, together with copies of any accompanying documents as the City Planner Community and
Economic Development Director or designee deems appropriate, to the following:
(a) City Engineer, who shall review the proposed short plat with regard to its
conformance to the general purposes of adopted traffic and utility plans, adequate
provisions for storm drainage, streets, alleys, other public ways, parks and playgrounds,
schools and school grounds, sidewalks and other planning features that assure safe
walking conditions for students, water and sanitary sewer, and conformance to any
applicable improvement standards and specifications;
(b) Fire Chief, who shall review the proposed short plat with regard to
adequate provisions for emergency access;
(c) All property owners within 300 feet of the proposed short plat;
(d) Any other City department, utility provider, school district or other public
or private entity as the City Planner Community and Economic Development Director or
designee deems appropriate. (Ord. 3758 Sec. 1, 2006).
(3) In transmitting the proposed short plat to the parties referenced above, the City
Planner Community and Economic Development Director or designee shall solicit their comments
and recommendations, and note the date by which comments and recomme ndations must be
received by the Community and Economic Development Director or designee in order to be
considered. Comments from property owners must be received by the City Planner Community
and Economic Development Director or designee in writing within 10 days of the date of the
notice in order to be considered. City Planner The Community and Economic Development
Director or designee shall respond in writing to any property owner comments received within 5
working days of receipt of the comments. The respondent shall then have 7 days to file an appeal
with the Community and Economic Development Director. Any comments received within the 10
day notice period shall be incorporated into the formal findings which will form the basis of the
City Planner Community and Economic Development Director or designee’s decision on the short
plat. If no comments are received from any of the parties referenced above, the City Planner
Community and Economic Development Director or designee shall make such findings as he/she
reasonably deems appropriate. However, in every case a proposed short plat shall contain a
statement of approval from the City Engineer, as to the survey data, the layout of streets, alleys
and other rights-of-way, design of sewer and water systems and other infrastructure. The City
Page 44 of 76
Planner shall not approve a short plat, The short plat shall not be approved, which does not
contain a statement signed by the City Engineer. (Ord. 3758 Sec 1, 2006; Ord. 3398 Sec. 2, 1999.)
Section 4. That Pasco Municipal code 26.36.090 shall be amended as follows:
26.36.090 ADMINISTRATIVE DETERMINATIONS. The City Planner Community and
Economic Development Director or designee shall, after conferring with appropriate officials,
determine whether:
(1) Adequate provisions are made for the public health, safety and general welfare
and for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary
wastes, parks, playgrounds, transit stops, schools and schools grounds, sidewalks and other
planning features that assure safe walking conditions for students;
(2) The proposed short plat contributes to the orderly development and land use
patterns in the area;
(3) The proposed short plat conforms to the policies, maps and narrative text of the
comprehensive plan;
(4) The proposed short plat conforms to the general purposes of applicable policies
or regulations adopted by the City Council;
(5) The proposed short plat conforms to the general purposes of this title;
(6) The public use and interest will be served by permitting the proposed division of
the land. (Ord. 3398 Sec. 2, 1999.)
Section 5. That a new section of Pasco Municipal code titled 26.36.095 shall be added as
follows:
26.36.095 CONSTRUCTION OF IMPROVEMENTS REQUIRED. The City Engineer shall
determine whether:
(1) Public rights-of-way must be improved and utilities installed to the minimum
requirements of this code 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 o f the
short 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 cost s, 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.
Page 45 of 76
(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
Section 6. That Pasco Municipal code 26.36.100 shall be amended as follows:
26.36.100 APPROVAL AND FILING.
(1) If the City Planner determines that the foregoing requirements are met, he/she shall
approve the short plat will be approved and transmitted and shall transmit the approved mylar
drawing to the applicant. Once approved the short plat will be returned to the applicant for
recording with the County Auditor.
(2) The applicant must provide the City Planner Community and Economic
Development Director or designee one (1) paper copy of the recorded document and the County
Assessor one (1) paper copy of the recorded document before the short subdivision becomes
valid;
(3) When a short plat is created in a digital format the applicant shall also provide the
City Planner with one copy of the short plat in a digital format as specified by the City Engineer
and shall provide the County Assessor one copy of the short plat in a digital format as specified
by the County Assessor. (Ord. 3398 Sec. 2, 1999.)
Section 7. This ordinance shall be in full force and effect five days after passage and
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 _________________, 2019.
______________________________
Matt Watkins, Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ____________________________
City Clerk Leland B. Kerr, City Attorney
Page 46 of 76
MEMORANDUM TO PLANNING COMMISSION
PLANNING COMMISSION MEETING
City Hall – 525 North Third Avenue – Council Chambers
DATE: THURSDAY, JANUARY 17, 2019
7:00 PM
1
TO: Planning Commission
FROM: Jeffrey B. Adams, Associate Planner
SUBJECT: Administrative Review of Right‐of‐Way Dedications and Short Plat Right‐of‐Way
Improvements (MF# CA 2018‐005)
The purpose of a short plat is to provide an administrative method of land subdivision allowing
the creation of nine or fewer lots meeting the zoning and subdivision requirements established
in Titles 25 and 26, with the intent of promoting orderly and efficient community growth within
the requirements of Revised Code of Washington (RCW) 58.17.035. Two issues which contribute
to uncertainty in the short plat process include dedication of rights‐of‐way and lack of clear
guidance for improving those rights‐of‐way.
Administrative Dedication of Rights‐of‐Way
First, the Pasco Municipal Code (PMC) specifies the location of structures, such as fences, homes,
and outbuildings with reference to property lines. However oftentimes, due to lack of
standardized subdivision regulations in times past, the property lines enter into areas recognized
and used as road travel lanes. As such, if following the letter of the Pasco Municipal Code, a fence
could have legally been placed in the center of a road; a house could have been located against
the road asphalt.
City resolution 1372 Section 2(1 ) dated September 15, 1980 allowed the City to withhold building
permits until sufficient and appropriate rights‐of‐way consistent with current City standards, are
dedicated for the required . . . streets which are deemed necessary by the City for the proper
circulation of traffic;”
However the code is vague in that it could be interpreted to mean that each and every dedication
of right‐of‐way must pass through the city Council for confirmation.
As a matter of housekeeping, staff proposes to simplify the right‐of‐way dedication process and
to outline the type and timing of improvements required in the rights‐of‐way, as follows:
26.04.040 EXCEPTIONS. The provisions of this Title shall not apply to:
(5) The dedication of sufficient and appropriate public street right‐of‐way where the property
line is located within 30 feet of the centerline of a clearly recognized and existing local access or
collector public street; or within 40 feet of the centerline of a clearly recognized and existing
primary or secondary arterial street; or within 50 feet of the centerline of a clearly recognized
and existing primary arterial street containing a landscape median.
26.04.110 DEDICATION PROCESS. The dedication of easements, rights‐ of‐way, parks and open
space shall be accomplished by either submitting an individual document or by submitting a
binding site plan, short plat or final plat for approval showing the dedication thereon. Acceptance
Page 47 of 76
2
by the City shall be identified by approval signatures on the documents listed above. Dedication
of land may also be made to the City by the submitter of a signed dedication document containing
a complete and accurate legal description of the property to be dedicated. Following acceptance
of the dedication of rights‐of‐way via individual document, binding site plan, short plat, final plat
or other administrative process document by the City Manager or her/his appointee, or in the
case of preliminary plats or other quasi‐judicial processes, acceptance of dedication by a majority
affirmative vote of the City Council the dedication document shall be recorded in the office of
the Franklin County Auditor.
Legal Descriptions on Plats
Second, a group of local surveyors have requested changes in legal descriptions required on short
plats (see attached letter), noting that “The names of adjoining landowners is (1) irrelevant to a
short plat, [and] (2) subject to frequent change and therefore not appropriate for a survey that
becomes part of the permeant county record. . ..”
Staff proposes to eliminate verbiage in the Code which conflicts with these concerns, as follows:
26.36.070 APPLICATION ‐ CONTENT. Applications for approval of short plats shall contain:
1. Six copies of a sketch (at a scale of one (1) inch to one hundred (100) feet) of the entire
contiguous tract owned by the applicant subdivider, in a paper format of eighteen (18)
inches x twenty‐four (24) inches with two inch margins which shall show:
(a) The owners of adjacent land and names of any adjacent subdivision;
(b) A vicinity map;
(c) Lines marking the boundaries of proposed lots, square footages of the proposed
lots and number of each lot;
(d) Approximate locations of existing roads, cul‐de‐sacs, alleys and ways or easements
for such roads, and rights‐of‐way within and adjacent to the tract;
(e) Location, dimensions and usage designations for all proposed and existing
easements of record;
(f) Proposed source of water supply and method of sewage disposal for each lot;
(g) The legal description and parcel number of the said tract and legal descriptions of
all proposed lots;
(h) The name and address of the owner or owners of the said tract;
(i) A completed Environmental Checklist form;
(j) Land Surveyor Certificate;
(k) Signatures of all recorded property owners agreeing to the division of property;
(l) A utility easement and improvement statement shall be shown on the face of the
short plat in a manner prescribed by the appropriate utility provider;
(m) The signature block shall include the following:
Page 48 of 76
3
(i) City Engineer.
(ii) City Planner Community and Economic Development Director.
(iii) County Auditor.
(iv) Franklin County Public Utility District or other utility district.
(v) Irrigation District (when applicable).
And;
26.36.080 ADMINISTRATIVE DUTIES. The City Planner Community and Economic Development
Director or designee, is vested with the duty of administrating the provisions of this chapter.
1. An application for short plat approval shall be approved, approved with conditions,
returned to the applicant for modifications or denied within thirty (30) days of its receipt
by the City Planner Community and Economic Development Director or designee unless
the applicant agrees, in writing, to an extension of this period. The City Planner
Community and Economic Development Director or designee shall not be considered to
be in receipt of an application for short plat approval unless and until such time as the
application meets the requirements of Section 26.36.040, 26.36.050, 26.36.060 and
26.36.070, as determined by the City Planner Community and Economic Development
Director or designee. (Ord. 3758 Sec. 1, 2006).
2. Upon receiving a complete application for short plat approval, the City Planner
Community and Economic Development Director or designee shall transmit a copy of the
short plat, together with copies of any accompanying documents as the City Planner
Community and Economic Development Director or designee deems appropriate, to the
following:
(a) City Engineer, who shall review the proposed short plat with regard to its
conformance to the general purposes of adopted traffic and utility plans,
adequate provisions for storm drainage, streets, alleys, other public ways, parks
and playgrounds, schools and school grounds, sidewalks and other planning
features that assure safe walking conditions for students, water and sanitary
sewer, and conformance to any applicable improvement standards and
specifications;
(b) Fire Chief, who shall review the proposed short plat with regard to adequate
provisions for emergency access;
(c) All property owners within 300 feet of the proposed short plat;
(d) Any other City department, utility provider, school district or other public or
private entity as the City Planner Community and Economic Development Director
or designee deems appropriate. (Ord. 3758 Sec. 1, 2006).
(3) In transmitting the proposed short plat to the parties referenced above, the City
Planner Community and Economic Development Director or designee shall solicit
their comments and recommendations, and note the date by which comments
and recommendations must be received by the City Planner Community and
Page 49 of 76
4
Economic Development Director or designee in order to be considered.
Comments from property owners must be received by the City Planner
Community and Economic Development Director or designee in writing within 10
days of the date of the notice in order to be considered. The City Planner
Community and Economic Development Director or designee shall respond in
writing to any property owner comments received within 5 working days of
receipt of the comments. The respondent shall then have 7 days to file an appeal
with the Community and Economic Development Director. Any comments
received within the 10 day notice period shall be incorporated into the formal
findings which will form the basis of the City Planner Community and Economic
Development Director or designee’s decision on the short plat. If no comments
are received from any of the parties referenced above, the City Planner
Community and Economic Development Director or designee shall make such
findings as he/she reasonably deems appropriate. However, in every case a
proposed short plat shall contain a statement of approval from the City Engineer,
as to the survey data, the layout of streets, alleys and other rights‐of‐way, design
of sewer and water systems and other infrastructure. The City Planner shall not
approve a short plat, The short plat shall not be approved, which does not contain
a statement signed by the City Engineer. (Ord. 3758 Sec 1, 2006; Ord. 3398 Sec.
2, 1999.)
Right‐of‐Way Improvements
Finally, as development of subdivisions is often drawn out and sometimes complicated by
changes of ownership or other difficulties, confusion often arises over who determines ROW
improvements, what improvements are required, and when those improvements need to occur.
This Code Amendment proposes the following:
26.36.095 CONSTRUCTION OF IMPROVEMENTS REQUIRED. The City Engineer shall determine
whether:
1. Public rights‐of‐way must be improved and utilities installed to the minimum
requirements of this code 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 short 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
Page 50 of 76
5
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.
The City of Kennewick specifies required subdivision improvements in section 17.13.095 of the
Kennewick Municipal Code (KMC) and designates the Public Works Director to administer
improvement requirements; The City of Richland lists improvement standards in Richland
Municipal Code (RMC) 24.20 and designates the city engineer as the improvements code
administrator/enforcer.
Staff recommends the changes be made as per the attached proposed ordinance.
Preliminary Findings
1. The purpose of a short plat is to provide an administrative method of land subdivision
allowing the creation of nine or fewer lots.
2. The intent of Titles 25 and 26 is to promote orderly and efficient community growth
within the requirements of Revised Code of Washington (RCW) 58.17.035.
3. Vague wording in the City Code concerning the dedication of and required improvements
in rights‐of‐way provides uncertainty in the short‐platting process.
4. The PMC specifies the location of structures, such as fences, homes, and outbuildings with
reference to property lines.
5. Property lines often enter into existing road travel lanes, due to lack of standardized
subdivision regulations in annexed areas.
6. A structure such as a fence could be approved for placement in the center of a road if
following the letter of the Pasco Municipal Code.
7. City Resolution 1372 Section 2(1) dated September 15, 1980 allows the City to withhold
building permits until sufficient and appropriate rights‐of‐way consistent with current City
standards, are dedicated for the required . . . streets which are deemed necessary by the
City for the proper circulation of traffic;”
8. PMC 26.04.110 could be interpreted to mean that each and every dedication of right‐of‐
way must pass through the city Council for confirmation, even though in some cases
roadways have been in use for decades.
9. Local surveyors have requested the City eliminate the requirement of listing the names
of adjoining landowners for the following reasons:
i. It is irrelevant to a short plat;
Page 51 of 76
6
ii. It is subject to frequent change and therefore not appropriate for a survey that
becomes part of the permeant county record
10. PMC 26.36 is vague about the following:
i. who determines ROW improvements,
ii. what improvements are required, and
iii. when those improvements need to occur.
Staff recommends the changes to the Pasco Municipal Code be made to address each of the
above concerns as per the attached proposed ordinance.
RECOMMENDATION
MOTION: I move the Planning Commission adopt the findings of fact as contained in the
January 17, 2019 staff memo regarding Administrative Review of Right‐of‐Way
Dedications and Short Plat Right‐of‐Way Improvements.
MOTION: I move the Planning Commission recommend the City Council adopt the proposed
code amendments regarding Administrative Review of Right‐of‐Way Dedications
and Short Plat Right‐of‐Way Improvements as attached to the January 17, 2019
staff memo to the Planning Commission.
Page 52 of 76
ORDINANCE NO._____
AN ORDINANCE AMENDING PMC TITLE 26 REGARDING THE DEDICATION OF PUBLIC
RIGHTS‐OF‐WAY
WHEREAS, cities have the responsibility to regulate and control physical development
within their borders and to ensure public health, safety and welfare are maintained; and,
WHEREAS, the purpose of Title 26.04 includes regulating the division of land within the
Pasco Urban Area, promoting the health, safety, convenience, comfort, prosperity and general
welfare of the present and future inhabitants of the Pasco Urban Area; reducing congestion and
promoting safe and convenient travel by the public on streets and highways; promoting the
effective use of land; providing for proper ingress and egress; and implementing the goals,
objectives and policies of the Pasco Comprehensive Plan; and
WHEREAS, RCW 35.21.100 grants cities the right to accept “property donated, devised,
or bequeathed to it . . . [and to] expend or use it for any municipal purpose;” and
WHEREAS, RCW 35.21.880 allows, but does not require cities to “credit donations of
right‐of‐way in excess of that required for traffic improvement against . . . landscaping, parking,
or other requirements;” and
WHEREAS, City resolution 1372 Section 2(1) dated September 15, 1980 states in part “City
approval of . . . building permit applications, will not be given until sufficient and appropriate
rights‐of‐way consistent with current City standards, are dedicated for the required . . . streets
which are deemed necessary by the City for the proper circulation of traffic;” and,
WHEREAS, the City of Pasco contains numerous private parcels which do not contain
sufficient and appropriate dedicated rights‐of‐way; and
WHEREAS, some City of Pasco Municipal Code provisions, such as the placement of fences
and other structures, are based on the assumption of existing sufficient and appropriate rights‐
of‐way; and
WHEREAS, the City of Pasco is required to follow rule of law when issuing construction
permits; and
WHEREAS, the regulations must be driven by conformance with state and local law
that protect public interest, health and safety; and,
WHEREAS, in order to provide for the health, safety, and welfare of the community by
regulating the dedication of public rights‐of‐way the City Council hereby approves the
recommendation of the Planning Commission to amend the City of Pasco Municipal Code; NOW
THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. That Pasco Municipal code 26.04.110 shall be amended as follows:
26.04.040 EXCEPTIONS. The provisions of this Title shall not apply to:
1) Cemeteries and other burial plots while used for that purpose;
Page 53 of 76
2) Division of land not containing a dedication, in which the smallest lot created by the
division exceeds five acres in area;
3) Divisions made by testamentary provisions of the laws of descent;
4) Any division of land for the purpose of adjusting the boundary lines between platted
or unplatted lots or both, which does not create any new or additional lot, tract, site or division,
which contains insufficient area and dimension to meet minimum requirements for a building
site.
5) The dedication of sufficient and appropriate public street right‐of‐way where the
property line is located within 30 feet of the centerline of a clearly recognized and existing local
access or collector public street; or within 40 feet of the centerline of a clearly recognized and
existing primary or secondary arterial street; or within 50 feet of the centerline of a clearly
recognized and existing primary arterial street containing a landscape median.
26.04.110 DEDICATION PROCESS. The dedication of easements, rights‐ of‐way, parks and
open space shall be accomplished by either submitting an individual document or by submitting
a binding site plan, short plat or final plat for approval showing the dedication thereon.
Acceptance by the City shall be identified by approval signatures on the documents listed above.
Dedication of land may also be made to the City by the submitter of a signed dedication
document containing a complete and accurate legal description of the property to be dedicated.
Following acceptance of the dedication of rights‐of‐way via individual document, binding site
plan, short plat, final plat or other administrative process document by the City Manager or
her/his appointee, or in the case of preliminary plats or other quasi‐judicial processes,
acceptance of dedication by a majority affirmative vote of the City Council the dedication
document shall be recorded in the office of the Franklin County Auditor.
Section 2. That Pasco Municipal code 26.36.070 shall be amended as follows:
26.36.070 APPLICATION ‐ CONTENT. Applications for approval of short plats shall contain:
(1) Six copies of a sketch (at a scale of one (1) inch to one hundred (100) feet) of the
entire contiguous tract owned by the applicant subdivider, in a paper format of eighteen (18)
inches x twenty‐four (24) inches with two inch margins which shall show:
(a) The owners of adjacent land and names of any adjacent subdivision;
(b) A vicinity map;
(c) Lines marking the boundaries of proposed lots, square footages of the
proposed lots and number of each lot;
Page 54 of 76
(d) Approximate locations of existing roads, cul‐de‐sacs, alleys and ways or
easements for such roads, and rights‐of‐way within and adjacent to the tract;
(e) Location, dimensions and usage designations for all proposed and existing
easements of record;
(f) Proposed source of water supply and method of sewage disposal for each
lot;
(g) The legal description and parcel number of the said tract and legal
descriptions of all proposed lots;
(h) The name and address of the owner or owners of the said tract;
(i) A completed Environmental Checklist form;
(j) Land Surveyor Certificate;
(k) Signatures of all recorded property owners agreeing to the division of
property;
(l) A utility easement and improvement statement shall be shown on the face
of the short plat in a manner prescribed by the appropriate utility provider;
(m) The signature block shall include the following:
(i) City Engineer.
(ii) City Planner Community and Economic Development Director.
(iii) County Auditor.
(iv) Franklin County Public Utility District or other utility district.
(v) Irrigation District (when applicable).
Section 3. That Pasco Municipal code 26.36.080 shall be amended as follows:
26.36.080 ADMINISTRATIVE DUTIES. The City Planner Community and Economic
Development Director or designee, is vested with the duty of administrating the provisions of
this chapter.
(1) An application for short plat approval shall be approved, approved with
conditions, returned to the applicant for modifications or denied within thirty (30) days of its
receipt by the City Planner Community and Economic Development Director or designee unless
the applicant agrees, in writing, to an extension of this period. The City Planner Community and
Economic Development Director or designee shall not be considered to be in receipt of an
application for short plat approval unless and until such time as the application meets the
Page 55 of 76
requirements of Section 26.36.040, 26.36.050, 26.36.060 and 26.36.070, as determined by the
City Planner Community and Economic Development Director or designee. (Ord. 3758 Sec. 1,
2006).
(2) Upon receiving a complete application for short plat approval, the City Planner
Community and Economic Development Director or designee shall transmit a copy of the short
plat, together with copies of any accompanying documents as the City Planner Community and
Economic Development Director or designee deems appropriate, to the following:
(a) City Engineer, who shall review the proposed short plat with regard to its
conformance to the general purposes of adopted traffic and utility plans, adequate
provisions for storm drainage, streets, alleys, other public ways, parks and playgrounds,
schools and school grounds, sidewalks and other planning features that assure safe
walking conditions for students, water and sanitary sewer, and conformance to any
applicable improvement standards and specifications;
(b) Fire Chief, who shall review the proposed short plat with regard to
adequate provisions for emergency access;
(c) All property owners within 300 feet of the proposed short plat;
(d) Any other City department, utility provider, school district or other public
or private entity as the City Planner Community and Economic Development Director or
designee deems appropriate. (Ord. 3758 Sec. 1, 2006).
(3) In transmitting the proposed short plat to the parties referenced above, the City
Planner Community and Economic Development Director or designee shall solicit their comments
and recommendations, and note the date by which comments and recommendations must be
received by the Community and Economic Development Director or designee in order to be
considered. Comments from property owners must be received by the City Planner Community
and Economic Development Director or designee in writing within 10 days of the date of the
notice in order to be considered. City Planner The Community and Economic Development
Director or designee shall respond in writing to any property owner comments received within 5
working days of receipt of the comments. The respondent shall then have 7 days to file an appeal
with the Community and Economic Development Director. Any comments received within the 10
day notice period shall be incorporated into the formal findings which will form the basis of the
City Planner Community and Economic Development Director or designee’s decision on the short
plat. If no comments are received from any of the parties referenced above, the City Planner
Community and Economic Development Director or designee shall make such findings as he/she
reasonably deems appropriate. However, in every case a proposed short plat shall contain a
statement of approval from the City Engineer, as to the survey data, the layout of streets, alleys
and other rights‐of‐way, design of sewer and water systems and other infrastructure. The City
Page 56 of 76
Planner shall not approve a short plat, The short plat shall not be approved, which does not
contain a statement signed by the City Engineer. (Ord. 3758 Sec 1, 2006; Ord. 3398 Sec. 2, 1999.)
Section 4. That Pasco Municipal code 26.36.090 shall be amended as follows:
26.36.090 ADMINISTRATIVE DETERMINATIONS. The City Planner Community and
Economic Development Director or designee shall, after conferring with appropriate officials,
determine whether:
(1) Adequate provisions are made for the public health, safety and general welfare
and for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary
wastes, parks, playgrounds, transit stops, schools and schools grounds, sidewalks and other
planning features that assure safe walking conditions for students;
(2) The proposed short plat contributes to the orderly development and land use
patterns in the area;
(3) The proposed short plat conforms to the policies, maps and narrative text of the
comprehensive plan;
(4) The proposed short plat conforms to the general purposes of applicable policies
or regulations adopted by the City Council;
(5) The proposed short plat conforms to the general purposes of this title;
(6) The public use and interest will be served by permitting the proposed division of
the land. (Ord. 3398 Sec. 2, 1999.)
Section 5. That a new section of Pasco Municipal code titled 26.36.095 shall be added as
follows:
26.36.095 CONSTRUCTION OF IMPROVEMENTS REQUIRED. The City Engineer shall
determine whether:
(1) Public rights‐of‐way must be improved and utilities installed to the minimum
requirements of this code and City Standards.
(2) Required infrastructure improvements must be substantial ly 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
short 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.
Page 57 of 76
(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 se curity up to two years against any
defect in workmanship or materials in the installation of the improvements
Section 6. That Pasco Municipal code 26.36.100 shall be amended as follows:
26.36.100 APPROVAL AND FILING.
(1) If the City Planner determines that the foregoing requirements are met, he/she shall
approve the short plat will be approved and transmitted and shall transmit the approved mylar
drawing to the applicant. Once approved the short plat will be returned to the applicant for
recording with the County Auditor.
(2) The applicant must provide the City Planner Community and Economic
Development Director or designee one (1) paper copy of the recorded document and the County
Assessor one (1) paper copy of the recorded document before the short subdivision becomes
valid;
(3) When a short plat is created in a digital format the applicant shall also provide the
City Planner with one copy of the short plat in a digital format as specified by the City Engineer
and shall provide the County Assessor one copy of the short plat in a digital format as specified
by the County Assessor. (Ord. 3398 Sec. 2, 1999.)
Section 7. This ordinance shall be in full force and effect five days after passage and
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 _________________, 2019.
______________________________
Matt Watkins
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ____________________________
Daniela Erickson Leland B. Kerr
City Clerk City Attorney
Page 58 of 76
ROW Dedication
Page 59 of 76
ROW Dedication
Page 60 of 76
ROW Dedication
Page 61 of 76
ROW DedicationROW Dedication
Page 62 of 76
ROW DedicationROW Dedication
Page 63 of 76
MINUTES
PLANNING COMMISSION MEETING
City Hall – 525 North Third Avenue – Council Chambers
THURSDAY, DECEMBER 20, 2018
7:00 PM
Planning Commission Meeting Page 1 December 20, 2018
PUBLIC HEARINGS:
E. Code Amendment Right of Way Dedications and Improvements (MF# CA 2018‐005)
Chairperson Myhrum read the master file number and asked for comments from staff.
Rick White, Community & Economic Development Director, discussed the proposed code amendment for
right of way dedications and improvements in regards to platting regulations. The first item addressed how
to dedicate property without having to go through City Council – it would instead be done administratively.
In the majority of the now incorporated Riverview Area, there aren’t designated rights of way. As the area
annexes and when residents apply for building permits, often times for sheds or garages, the City requires a
dedication deed prior to issuance of the building permit to ensure the City obtains right of way in case of the
need to expand the streets. This process currently requires these items to go to Council for a hearing, slowing
down the timeliness to issue a building permit. The proposed amendment would allow for it to be down
administratively, streamlining the process. There were also some housekeeping items discussed.
Commissioner Bowers asked if it would be consistent with Kennewick or Richland.
Mr. White said yes.
With no further questions or comments the public hearing closed.
Commissioner J. Campos moved, seconded by Commissioner Bowers, to close the hearing on the proposed
code amendment and set January 17, 2019 as the date for deliberations and the development of a
recommendation to the City Council. The motion passed unanimously.
Respectfully submitted,
Krystle Shanks, Administrative Assistant II
Community & Economic Development Department
Page 64 of 76
MINUTES
PLANNING COMMISSION MEETING
City Hall – 525 North Third Avenue – Council Chambers
THURSDAY, JANUARY 17, 2019
7:00 PM
Planning Commission Meeting Page 1 January 17, 2019
OLD BUSINESS:
D. Code Amendment Right of Way Dedications and Improvements (MF# CA 2018‐005)
Chairperson Roach read the master file number and asked for comments from staff.
Jacob Gonzalez, Senior Planner, discussed the proposed code amendment for Right of Way Dedications and
Improvements. There were no additional comments to add since the previous meeting.
Commissioner Bowers moved, seconded by Commissioner Mendez, the Planning Commission adopt the
findings of fact as contained in the January 17, 2019 staff memo regarding Administrative Review of Right‐
of‐Way Dedications and Short Plat Right‐of‐Way Improvements. The motion passed unanimously.
Commissioner Bowers moved, seconded by Commissioner Mendez, the City Council adopt the proposed code
amendments regarding Administrative Review of Right‐of‐Way Dedications and Short Plat Right‐of‐Way
Improvements as attached to the January 17, 2019 staff memo. The motion passed unanimously.
Respectfully submitted,
Krystle Shanks, Administrative Assistant II
Community & Economic Development Department
Page 65 of 76
AGENDA REPORT
FOR: City Council February 13, 2019
TO: Dave Zabell, City Manager
Rick White, Director
Community & Economic Development
Regular Meeting: 2/19/19
FROM: Darcy Bourcier, Planner I
Community & Economic Development
SUBJECT: Single Room Occupancy Housing (MF# CA 2018-004)
I. REFERENCE(S):
Proposed Ordinance
Planning Commission Packet Dated: 1/17/2019
Planning Commission Minutes Dated: 12/20/2018 and 1/17/2019
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Workshop discussion
MOTION: I move to adopt Ordinance _____, amending PMC Title 25 allowing Single
Room Occupancy Housing, and further, authorize publication by summary only.
III. FISCAL IMPACT:
None.
IV. HISTORY AND FACTS BRIEF:
Single Room Occupancy (SRO) housing consists of multiple single room dwelling
units with kitchens, bathrooms, and laundry facilities provided either within each unit
or in a common area. SROs are more common in larger cities near central business
districts and are often converted from hotels/motels.
This code amendment went to the June 21, 2018 Planning Commission meeting as a
workshop item to gauge the Commission's interest in introducing this type of high -
density housing. Then, several months later, the item was brought back to the
September 20 and the October 18, 2018 meetings for more workshop discussion. A
hearing was held on December 20, 2018 and on January 17, 2019, the Planning
Page 66 of 76
Commission recommended approval of the proposed amendment.
The workshop scheduled for the February 11, 2019 Council meeting--at which this
item was to be discussed--was cancelled due to inclement weather. Thus staff suggests
Council first hold a workshop discussion for this item and subsequently make a motion
of approval for the adoption of the Ordinance.
V. DISCUSSION:
The City of Pasco Zoning Code does not currently permit dwelling units in non-
residential zoning districts unless said dwelling units are located on the second floor of
an operating business. Furthermore, each residential zoning district specifies housing
density requirements that dictate the number of dwelling units permitted per square
foot of property.
The attached Ordinance, if approved, will allow the construction or conversion of SRO
housing facilities through the Special Permit process in commercially-zoned properties
in City limits. Unlike residential zoning districts, SRO facilities will not be dictated by
dwelling density standards. In other cities, SRO housing is often more dense than what
is typically permitted in even high-density residential districts.
SRO housing provides smaller, affordable dwelling units and can be a helpful tool
towards lessening homelessness and providing affordable housing units.
Staff requests Council discussion and subsequent approval of the proposed ordinance.
Page 67 of 76
Ordinance – Amending PMC Title 25
ORDINANCE NO._____
AN ORDINANCE of the City of Pasco, Washington,
Amending PMC Title 25 Allowing for Single Room Occupancy
(SRO) Housing Developments
WHEREAS, cities have the responsibility to regulate and control physical development
within their borders and to ensure public health, safety, and welfare are maintained; and,
WHEREAS, the City of Pasco has zoning regulations that encourage orderly growth and
development of the City; and,
WHEREAS, SROs are common in larger cities near central business districts and are often
converted from hotels and motels; and,
WHEREAS, the City of P asco is home to numerous hotels and motels that are considered
public nuisance properties; and,
WHEREAS, these public nuisance hotels and motels are often used as transient lodging
where residents live on the premises for thirty consecutive days or more; and,
WHEREAS, it is against PMC Title 25 for hotels and motels to offer transient lodging;
and,
WHEREAS, the City Council has determined that permitting SRO housing in non-
residential districts will help to bring nuisance motels and hotels into compliance with the PMC;
and,
WHEREAS, on December 20, 2018 the Planning Commission held a public hearing to
consider amending PMC Title 25 to allow for Single Room Occupancy housing in the City of
Pasco; and,
WHEREAS, the City Council has determined that in order to better accommodate Pasco’s
low -income residents, it is necessary to amend PMC Title 25; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES
ORDAIN AS FOLLOWS:
Section 1. That a new chapter shall be added to Title 25 of the Pasco Municipal Code
as follows:
Page 68 of 76
Ordinance – Amending PMC Title 25
CHAPTER 25.162
SINGLE ROOM OCCUPANCY HOUSING
Sections:
25.162.010 PURPOSE
25.162.020 DEFINITION
25.162.030 PERMITTED ZONES
25.162.040 DEVELOPMENT STANDARDS
25.162.010 PURPOSE. The purpose of these regulations is to allow single room
occupancy (SRO) dwelling units within the City limits which provide high-density housing
typically consisting of no more than two rooms per dwelling unit.
25.162.020 DEFINITION. “Single room occupancy” (SRO) shall be defined as a facility
providing downsized dwelling units consisting of one to two rooms with occupancy per dwelling
unit dictated by HUD guidelines. SRO facilities provide individuals with housing for a duration
of thirty (30) days or more. Kitchens/kitchenettes and/or bathrooms may be located in the units
or be located centrally for communal use.
In zoning districts which allow SRO housing via Conditional Use Permit, the regulations
contained herein shall be considered additional to those of the underlying zoning district. The
provisions of this Chapter shall prevail in the event of conflicting standards presented in the
underlying zoning district regulations. SRO housing must meet all building and zoning standards
as dictated by the PMC.
25.162.030 PERMITTED ZONES. An SRO housing facility may be approved via
Conditional Use Permit in the following zoning districts:
C-1 (Retail Business)
C-2 (Central Business District)
C-3 (General Business District)
25.162.040 DEVELOPMENT STANDARDS. Each SRO facility shall comply with all
development standards for the applicable zoning district and the standards contained below.
(1) SRO facilities shall not be subject to density standards.
(2) SRO facilities shall follow the Department of Housing and Urban Development’s
(HUD) occupancy guidelines for single and double-occupancy units;
(3) Single and double-occupancy units shall house no more than two (2) adults over
the age of 18;
(4) At least one (1) off-street parking space per two (2) units is required;
(5) SRO facilities shall include 24-hour on-site management. A dwelling unit shall be
designated for the manager;
(6) Bathroom and kitchen/kitchenette facilities must be provided either within each
dwelling unit or in a central location for common use with one full bathroom per
every three units on a floor and one full kitchen per floor;
(7) At least one handicapped accessible unit shall be required for every twenty (20)
units;
Page 69 of 76
Ordinance – Amending PMC Title 25
(8) One washer and dryer must be provided for every 20 units;
(9) Mailboxes shall be provided for each unit;
(10) Each SRO facility with 100 units or more shall have a minimum of 400 square
feet of common indoor and/or outdoor recreational space;
a. For SRO facilities exceeding 150 units, an additional 10 square feet of
recreational space per unit is required;
b. Landscaped areas less than eight (8) feet in width shall not be considered
recreational space;
(11) All common areas shall comply with all applicable ADA accessibility and
adaptability requirements.
Section 2. This Ordinance shall be in full force and effect five days after passage and
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 _________________, 2019.
______________________________
Matt Watkins, Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ____________________________
City Clerk Leland B. Kerr, City Attorney
Page 70 of 76
MEMORANDUM TO PLANNING COMMISSION
PLANNING COMMISSION MEETING
City Hall – 525 North Third Avenue – Council Chambers
DATE: THURSDAY, JANUARY 17, 2019
7:00 PM
1
TO: Planning Commission
FROM: Darcy Bourcier, Planner I
SUBJECT: Single Room Occupancy in Commercial Zoning Districts (MF# CA 2018-004)
Interest has been expressed to introduce single room occupancy (SRO) housing to Pasco—a
form of affordable housing that the City does not currently practice or permit. SROs consist of
multiple single room dwelling units with kitchens, bathrooms, and laundry facilities provided
either within each unit or in a common area. Typically, this form of housing is rent only and
directed at low-income residents, students, single tenants, or seasonal/traveling workers due to
their smaller size and limited amenities. SROs are more common in larger cities near central
business districts and are often converted from hotels/motels. Municipalities may determine
the allowable minimum and maximum square footage for SRO units, but typically they range in
size from 150 to 500 square feet based upon the amenities provided in each unit. Like hotels
and apartments, SRO facilities have either an on-site manager or a management office.
The City of Pasco has no provision in the Zoning Code to allow for this form of housing. In other
cities, SRO housing is often more dense than what is typically permitted in even high-density
residential districts and is also often permitted in commercial zones. In comparison, the most
dense residential development the PMC permits is in the R-4 (High Density Residential) zoning
district, which requires 1,500 square feet per dwelling unit. Furthermore, residential units are
not permitted in commercial zones unless the units are above the ground floor of a commercial
building and the residential use has been approved through the Special Permit process.
SROs can benefit a city in various ways. These smaller, more affordable units can be one
solution to a city’s homelessness issues, as they are a suitable option for physically and
mentally disabled residents or for those on fixed incomes. Additionally, since SROs commonly
originate from existing hotels, developers have the opportunity to purchase and convert these
hotels into SROs, therefore helping to bring nuisance properties up to city code. Conversely,
SROs can concentrate lower income households in one area or facility, which can cause adverse
impacts to overall neighborhood welfare.
An example of unit layouts has been attached to illustrate the relative size of the units as well
as the placement of amenities, should they be included within each unit.
MOTION: I move the Planning Commission recommend to City Council the adoption of the
proposed amendment for Single Room Occupancy Housing as contained in the January 17, 2019
Planning Commission staff report.
Page 71 of 76
CHAPTER 25.XX SINGLE ROOM OCCUPANCY
Sections:
25.XX.XXX PURPOSE
25.XX.XXX DEFINITION
25.XX.XXX PERMITTED ZONES
25.XX.XXX DEVELOPMENT STANDARDS
25.XX.XXX PURPOSE. The purpose of these regulations is to allow single room occupancy
(SRO) dwelling units within the City limits which provide high-density housing typically
consisting of no more than two rooms per dwelling unit.
25.XX.XXX DEFINITION. “Single room occupancy” (SRO) shall be defined as a facility
providing downsized dwelling units consisting of one to two rooms with occupancy per dwelling
unit dictated by HUD guidelines. SRO facilities provide individuals with housing for a duration of
thirty (30) days or more. Kitchens/kitchenettes and/or bathrooms may be located in the units
or be located centrally for communal use.
In zoning districts which allow SRO housing via Conditional Use Permit, the regulations
contained herein shall be considered additional to those of the underlying zoning district. The
provisions of this Chapter shall prevail in the event of conflicting standards presented in the
underlying zoning district regulations. SRO housing must meet all building and zoning standards
as dictated by the PMC.
25.XX.XXX PERMITTED ZONES. An SRO housing facility may be approved via Conditional
Use Permit in the following zoning districts:
C-1 (Retail Business)
C-2 (Central Business District)
C-3 (General Business District)
25.XX.XXX DEVELOPMENT STANDARDS. Each SRO facility shall comply with all
development standards for the applicable zoning district and the standards contained below.
(1) SRO facilities shall not be subject to density standards.
(2) SRO facilities shall follow the Department of Housing and Urban Development’s
(HUD) occupancy guidelines for single and double-occupancy units;
(3) Single and double-occupancy units shall house no more than two (2) adults over
the age of 18;
(4) At least one (1) off-street parking space per two (2) units is required;
(5) SRO facilities shall include 24-hour on-site management. A dwelling unit shall be
designated for the manager;
(6) Bathroom and kitchen/kitchenette facilities must be provided either within each
dwelling unit or in a central location for common use with one full bathroom per
every three units on a floor and one full kitchen per floor;
Page 72 of 76
(7) At least one handicapped accessible unit shall be required for every twenty (20)
units;
(8) One washer and dryer must be provided for every 20 units;
(9) Mailboxes shall be provided for each unit;
(10) Each SRO facility with 100 units or more shall have a minimum of 400 square feet
of common indoor and/or outdoor recreational space;
a. For SRO facilities exceeding 150 units, an additional 10 square feet of
recreational space per unit is required;
b. Landscaped areas less than eight (8) feet in width shall not be considered
recreational space;
(11) All common areas shall comply with all applicable ADA accessibility and
adaptability requirements.
Page 73 of 76
MINUTES
PLANNING COMMISSION MEETING
City Hall – 525 North Third Avenue – Council Chambers
THURSDAY, DECEMBER 20, 2018
7:00 PM
Planning Commission Meeting Page 1 December 20, 2018
PUBLIC HEARINGS:
D. Code Amendment Single Room Occupancy Housing (MF# CA 2018-004)
Chairperson Myhrum read the master file number and asked for comments from staff.
Darcy Bourcier, Planner I, discussed the proposed code amendment for single room occupancy housing. This
item was discussed at a previous workshop and staff has brought it to public hearing taking into consideration
the comments given to them by Planning Commissioners. Ms. Bourcier explained that staff is recommending
the following: (1) SRO facilities not be subject to density standards as previously discussed. (2) Per the Fire
Marshall, occupancy of each SRO unit will need to comply with HUD’s guidelines for SRO occupancies but
there will be no more than 2 adults per SRO unit and, (3) SRO facilities will require 24/7 onsite management.
Commissioner J. Campos asked for the reasoning behind no capacity standards.
Rick White, Community & Economic Development Director, stated that staff tried to create a standard. The
problem was based on HUD and a variety of variables depending on various things (i.e. age of children, the
bedrooms, provision of bedding type, etc.) It is simpler to simply refer to the HUD standards and adopt theirs.
Chairperson Myhrum mentioned that in some cities SRO’s are not allowed on ground floors. He asked if
there was any consideration to only allow them on upper level floors.
Ms. Bourcier responded that if they made that the code then the properties would eventually function as
they already do now.
Mr. White added that given the age of the units that staff believes would be appropriate for SRO’s and the
limitation on choices, he didn’t know if it could be fashioned to be usable. He referred to a downtown motel
who wanted to use SRO’s on upper level floors but it was denied as it didn’t fit the area or the management
of the motel itself.
Commissioner Bowers clarified the use of the ground floor in hotels/motels and SRO’s.
Commissioner Greenaway added that this will likely effect older hotels that don’t have elevators and
handicap accessibility so they might need ground floor units.
Commissioner A. Campos asked if the units could contain 1-2 rooms as indicated in the staff report.
Ms. Bourcier replied that the 2 rooms would mean a living area and a bedroom but only 1 unit.
Commissioner J. Campos stated that in Pasco, the ground level likely wouldn’t work for commercial uses in
the older hotels/motels that will be converted to SRO’s.
Page 74 of 76
Planning Commission Meeting Page 2 December 20, 2018
Commissioner Bykonen asked if there would be a way to ensure that the properties wanting to convert to
SRO’s had come into compliance with Code Enforcement or if there will be a license.
Ms. Bourcier stated that each SRO project will have to apply for a special permit and will then be reviewed
at that time.
Travis Vengroff, 4829 SE 62nd Avenue, Portland, OR of One Stop Housing spoke in favor of the proposed code
amendment. He originally had interest in purchasing a “chronic nuisance” motel with the intent to convert
it into an SRO, however, the owner backed out prior to the code amendment hearing. He was still in favor
of the proposed code amendment and discussed how it can benefit the community and provide affordable
and diverse housing. He discussed his extensive experience with SRO’s and affordable housing property
management.
Commissioner Bowers asked Mr. Vengroff if he has had any complaints on any of his projects or properties.
Mr. Vengroff replied that the only complaint he has received was from a hotel in Florida because his SRO
took away from their business of long term tenants.
With no further questions or comments the public hearing closed.
Commissioner J. Campos moved, seconded by Commissioner Greenaway, to close the hearing on the
proposed code amendment and set January 17, 2019 as the date for deliberations and the development of a
recommendation to the City Council. The motion passed unanimously.
Page 75 of 76
MINUTES
PLANNING COMMISSION MEETING
City Hall – 525 North Third Avenue – Council Chambers
THURSDAY, JANUARY 17, 2019
7:00 PM
Planning Commission Meeting Page 1 January 17, 2019
OLD BUSINESS:
C. Code Amendment Single Room Occupancy Housing (MF# CA 2018-004)
Chairperson Roach read the master file number and asked for comments from staff.
Rick White, Community & Economic Development Director, discussed the proposed code amendment for
Single Room Occupancy (SRO) Housing. Mr. White addressed language that needed to be corrected in the
proposed ordinance under “Permitted Zones” for SRO’s. The ordinance stated, “…in the following order of
preference…”and then listed the various zones. The words, “in the following order of preference,” need to
be stricken from the ordinance as it would be nearly impossible to enforce and meaningless.
Commissioner Bowers asked for clarification about closet space in the units.
Mr. White replied that closets weren’t specified but would likely be market driven.
Michael Morales, Community & Economic Development Deputy Director, added closet space typically isn’t
enclosed and they wouldn’t be shown on the floorplan.
Commissioner Bowers discussed kitchenette/kitchen facilities as well as bathrooms and was concerned with
cleaning, maintenance and safety.
Mr. White said there would be a choice for either kitchenettes or full kitchen facilities based on a ratio with
onsite management required so staff didn’t feel it would be an issue.
Commissioner Mendez asked if it provided a kitchenette in each unit and stay within the unit.
Mr. White said yes, it would allow for a kitchenette or full kitchen for every three units on a floor.
There were no further questions or comments.
Commissioner Myhrum moved, seconded by Commissioner J. Campos, the Planning Commission to City
Council the adoption of the proposed amendment, as corrected, for Single Room Occupancy Housing as
contained in the January 17, 2019 Planning Commission staff report. The motion passed unanimously.
Page 76 of 76