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HomeMy WebLinkAbout2006.02.13 Council Workshop Packet AGENDA PASCO CITY COUNCIL Workshop Meeting 7:00 p.m. February 13,2006 1. CALL TO ORDER 2. VERBAL REPORTS FROM COUNCILMEMBERS: 3. ITEMS FOR DISCUSSION: (a) Proposed Changes to Lewis Street and East Lewis Place Intersection: 1. Agenda Report from Robert J. Alberts, Public Works Director dated January 19, 2006. 2. Illustrations. (b) Grocery Shopping Carts: 1. Agenda Report from Richard J. Smith, Community & Economic Development Director dated February 7,2006. (c) Fire Department Response Standards: 1. Agenda Report from Gregory L. Garcia, Fire Chief dated February 9, 2006. 2. Resolution. 3. Fire Department Response Standards. (d) Accepting Debit Cards and Credit Cards for Payment of City Services and Fees: 1. Agenda Report from Jim Chase,Finance Manager dated February 9, 2006. (e) Second Addendum to Development Agreement for Sun Rise Estates: 1. Agenda Report from Gary Crutchfield, City Manager dated February 10, 2006. 2. Proposed Second Addendum- 3. Original Agreement. (f) 2005 Community Survey Results: 1. Agenda Report from Gary Crutchfield, City Manager dated February 10, 2006. 2. Memorandum to City Manager from Management Assistant dated. 216106, summarizing survey results. 3. Community survey document (provided to City Council previously; copy available for public review in City Manager's office, the Pasco Library, and the city's website at www.ci.pasco.wa.us). 4. OTHER ITEMS FOR DISCUSSION: (a) (b) (c) S. EXECUTIVE SESSION: (a) (b) (c) 6. ADJOURNMENT. Reminders: 1. 12:00 p.m., Monday, February 13, Pasco Red Lion — Chamber of Commerce Membership Luncheon. ("Pandemic Flu" presented by Dr. Larry Jecha, Health Officer, Benton Franklin Health Department.) 2. 10:00 a.m., Tuesday, February 14, Senior Center — Senior Citizens Advisory Committee Meeting. (COUNCILMEMBER TOM LARSEN,Rep.;BOB HOFFMANN, Alt.) 3. 5:30 p.m, Wednesday, February 15, Roy's Smorgy — Benton-Franklin Walla Walla Good Roads Association Board Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; MAYOR JOYCE OLSON, Alt.) 4. 12:00 p.m., Thursday, February 16, 720 W. Lewis Street — Pasco Downtown Development Association Board Meeting. (COUNCILMEMBER TOM LARSEN, Rep.; MATT WATKINS, Alt.) 5. 11:30 a.m., Friday, February 17, Roy's Smorgy—Benton-Franklin Council of Governments Board Meeting. (COUNCILMEMBER TOM LARSEN, Rep.;.BOB HOFFMANN, Alt.) AGENDA REPORT NO. 1 FOR: City Council DATE: 1/19/06 TO: Gary CrutchC Manager Workshop: 2/13/06 Regular: 2/20/06 FROM: Robert J. Albe 6wfor, Public Works SUBJECT: Proposed Changes to Lewis Street and East Lewis Place Intersection 1. REFERENCE(S): 1. Illustrations Exhibit A—Vicinity Exhibit B—Standard Intersection Exhibit C - Roundabout II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 2/13/06: Discussion III. FISCAL IMPACT: Arterial Street Fund IV. HISTORY AND FACTS BRIEF: The City Council has approved the project to construct a new arterial street between Lewis Street and A Street. The new street would be a new truck route serving the industrial zoned property along A Street and would replace Lewis Street as the truck route from the SR12/Lewis Street Interchange. The new street would require reconstructing a portion of Lewis Street at the intersection with East Lewis Place (see Exhibit A). On July 05, 2005 Council approved the agreement with JUB Engineering to review the option to modify Lewis Street and design the preferred option. Staff was also directed to meet with local owners, which has occurred. Rick Door of JUB Engineering will make a presentation to Council on what options are available in modifying Lewis Street at East Lewis Place. The options that will be discussed are shown on Exhibits B and C. The first option is a standard intersection with traffic stopping on Lewis Street and East Lewis Place. A variation of the first option would add signalization, when warranted. The second option is a roundabout. A factor in reviewing the options was the traffic impact on weekends, due to the flea market at the end of East Lewis Place. The peak traffic is currently at a level that the Flea Market provides traffic control (flaggers) at the intersection of Lewis Street and East Lewis Place. Following the presentation, staff requests a general sense of direction from Council on which option is to be designed and constructed. Staff would then prepare a resolution to bring back to Council. V. ADMINISTRATIVE ROUTING Project File 3(a) �• 9�dF 5"f'fiy,'r.,t•�e1 i;t''�,./ y� r��,y!�g V .g _ .. �� �( -,..�..�. L c:.,y, '5 ' :1RRFi� 3 t¢ c3q t r ,,3` f1' .. r,�♦ *{', 'y' ' �F LEWIS STREET INTERSECTION ow..: rl , . e �4ye 1t� a 'y`sx�e ;c_�i�'$:�'..ae�i"'i=sat• ax�_ �!, � B�� ,� _ ` � y. 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ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 2/13/2006: DISCUSSION III. FISCAL IMPACT None. IV. HISTORY AND FACTS BRIEF: A. Code Enforcement staff have received periodic complaints about grocery shopping carts which have been left both on public right-of-way (sidewalks, streets and alleys) and on private property, such as, vacant lots and on the grounds of apartment complexes. B. This matter has been brought to the attention of store managers. They have made sporadic efforts to collect the shopping carts. The managers, by and large, do not consider collecting the carts to be a priority. This fact coupled with the turnover in local retail store managers results in a continually reoccurring problem. C. In response to the latest citizens' complaints, staff surveyed a 20 block area centered on Court Street and 24th Avenue. This area contains Albertsons, Food Pavilion, The Market and Rite Aid. Neighborhood residents oftentimes take the grocery carts to their homes and then abandon the carts in the vicinity of their residences. A total of 31 carts were found in this area. The sources of the grocery carts are as follows: Albertson's 12 Carts Food Pavilion 5 Rite Aid 3 The Market 4 Unknown 7 Total 31 Carts D. The shopping carts can legally be immediately removed from the public right-of-way by City crews or contractors. At this point, however, there is no specific ordinance which declares shopping carts on private property to be either junk or a nuisance. As such, the City lacks clear legal authority to simply pick up carts on private property. 3(b) V. DISCUSSION: A. In the interest of the public safety, the carts should be removed from streets, sidewalks, and alleys where they may obstruct travel or roll into people or vehicles. The City can hire an abatement contractor to pickup the carts and store them until the store manager comes to retrieve them. B. There remains, however, a question as to whether or not the City should address the matter of grocery carts left on private property. If so, it will be necessary to prepare an ordinance declaring unattended carts on non-grocery property to be nuisances. The ordinance would define responsibility for removal of the carts and outline an enforcement process.. Enforcement is likely to be complicated in that 1) the private property owners, as well as the stores, must be notified by certified mail (if the City expects to recoup abatement costs or impose financial penalties), 2) the carts are frequently moved to new locations by children and others, and 3) the owners of some carts are unknown. C. There are two options: (1) Enforcement be limited to collection of grocery carts in public rights-of-way. The owners of the carts would be notified and told they could be charged $10.00 per cart to reimburse the City for costs incurred. It is likely that this "collection charge" would encourage the store managers to be more diligent in collecting all of the carts in a timely manner. (2) An amendment to the Pasco Municipal Code (PMC) could be prepared allowing Code Enforcement staff to collect grocery carts on private property. D. Staff is seeking direction from Council. AGENDA REPORT FOR: City Council February 9, 2006 TO: Gary Crutchfi 1 y Manager Workshop Mtg.: 2/13/06 FROM: Gregory L. Garcia,Fire Chief Regular Mtg.: 2/21/06 SUBJECT: Fire Department Response Standards I. REFERENCE(S): 1. Resolution 2. Fire Department Response Standards H. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 2/13 Discussion 2/21 MOTION: I move to approve Resolution No. approving fire department response standards. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: A) House Bill 1756 approved by the legislature in 2005, requires that every fire jurisdiction evaluate its level of service and deployment delivery and response time on an annual basis. The evaluations required by the law shall be based on the data relating to level of service, deployment, and the achievement of each response time objective in each geographic area within the fire department's jurisdiction. B) Turnout time is the time dispatch alerts the firefighters of an incident and the responding unit advises dispatch that they are responding. C) Response time is travel time from the emergency vehicle's location (usually one of the stations) to the incident. V. DISCUSSION: A) Beginning in 2007, with a comparison of 2006's response objectives, the Pasco Fire Department will issue a report to the City Council which is based upon the annual review. The report will compare the adopted standards to all applicable emergency incidents. Explain the predictable consequences of any deficiencies and address the steps that are necessary to achieve compliance with the department's adopted standards. The report will show the City's elected officials and citizens alike how well the department measures up against its adopted standard of emergency response deployment. This report will be used as a key tool in furthering the abilities of the Pasco Fire Department to meet the needs of the community. 3(c) RESOLUTION NO. A Resolution approving performance standards for Pasco Fire Department emergency responses. WHEREAS, the City of Pasco Fire Department is legally established as a fire department to provide certain emergency medical, fire and rescue services; and, WHEREAS, the Pasco Fire Department has a mission statement and goals and objectives to guide the organization in providing fire and emergency medical services to our community; and, WHEREAS, the Pasco Fire Department has a basic organizational structure which includes the City Council, City Manager, Chief, Officers, Firefighters, Paramedics and EMTs; and, WHEREAS, the Pasco Fire Department is required by state law (SHE 1756, laws of 2005) to establish turnout and response time goals for various emergency responses; and, WHEREAS, the Pasco Fire Department has developed written response coverage objectives required to comply with applicable provisions of SHB 1756;NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS: Section 1. That the Pasco City Council hereby approves the attached Response Standards as the Pasco Fire Department policy for determining resource deployment for emergency medical,fire and rescue services; and, This resolution was adopted at a regularly scheduled public meeting of the City of Pasco City Council for City of Pasco Fire Department on this day of February, 2006. Joyce Olson, Mayor ATTEST: APPROVED AS TO FORM: Sandy Kenworthy, Deputy City Clerk Leland B. Kerr, City Attorney PASCO FIRE DEPARTNENT RESPONSE STANDARDS I. Mission Statement The Pasco Fire Department's mission is to provide rapid mitigation of fire, rescues, hazardous materials and medical emergencies with compassion, integrity, and respect for the people we serve. To be the premier provider of public safety services, utilizing our people as the cri tical resource to accomplish our goals. II. Response Standards The following standards represent the minimum desired service level for the respective emergency response services provided by the Fire Department. Affected managers shall deploy appropriated resources so as to best achieve the standards set forth herein. A. TURNOUT: A turn out time of two (2) minutes, which the department should meet 85% of the time. All firefighting safety equipment must be donned before the vehicle can leave the station for a fire response. B. FIRST ENGINE ARRIVAL: A response/travel time (after turnout) of six (6) minutes for the arrival of the first engine company (at least two (2) firefighters) to a fire suppression incident, which the department should meet 85% of the time. C. FIRST FULL ALARM ARRIVAL: A response/travel time (after turnout) of twelve (12) minutes for the arrival of the full complement of a 1" alarm response to a fire suppression incident, which the department should meet 85% of the time. "Full complement" means at least two (2) engine companies (trucks) with associated firefighters and one (1) command officer. D. BLS AMBULANCE ARRIVAL: A response/travel time (after turnout) of six (6) minutes/seconds for the arrival of the first emergency medical unit with at least one (1) EMT on board to an emergency medical incident, which the department should meet 85% of the time. E. ALS AMBULANCE ARRIVAL: A response/travel time (after turnout) of six (6) minutes for the arrival of an advanced life support unit with at least one (1) paramedic on board to an ALS emergency medical incident, which the department should meet 85% of the time. F. HAZARDOUS MATERIALS: A response/travel time (after turnout) of six (6) minutes for the arrival of the first unit with at least one (1) appropriately trained Hazardous Materials Technician on board to a hazardous materials incident, which the department should meet 85% of the time. PASCO FIRE DEPARTMENT RESPONSE STANDARDS G. TECHNICAL RESCUE INCIDENT: A response/travel time (after turnout) of six (6) minutes for the arrival of the first unit with appropriately trained and equipped personnel on board to a technical rescue incident, which the department should meet 85% of the time. H. AIRCRAFT RESCUE AND FIREFIGHTING: A total response/travel time of three (3) minutes for the arrival of the first unit with appropriately trained and equipped aircraft rescue and firefighting personnel on board to the site of an aircraft incident, which the department should meet 100% of the time (required standard of FAA). I. WILD LAND FIREFIGHTING: A response/travel time (after turnout) of six (6) minutes for the arrival of the first unit with appropriately trained and equipped wild land firefighting personnel on board to a wild land fire incident, which the department should meet 85% of the time. III. ANNUAL REPORT The Fire Chief shall report the department's performance relative to these standards to the City Manager and City Council annually. February 2006 AGENDA REPORT FOR: City Council Date: February 9, 2006 Wo&ihop Mtg.: February 13, 2006 TO: Gary Crutchfi it anager Regular meeting: February 21, 2006 Stan Strebel, i ative and Community Services Director FROM: Jimlia inance Manager SUBJECT: ACCEP ING DEBIT CARDS AND CREDIT CARDS FOR PAYMENT OF CITY SERVICES AND FEES I. REFERENCE(S): IL ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 2/13/06 Discussion 2121106 A) MOTION:I move to authorize the continued acceptance of debit cards at the Finance Customer Service Counter and to collect a transaction fee to recover costs. B) MOTION: I move to authorize Official Payments Corporation to collect debit and credit card payments on behalf of the city via the telephone and over the internet and charge a fee to those who choose to use those payment options. III. FISCAL IMPACT: Minimal IV. HISTORY AND FACTS BRIEF: At the November 28, 2005 workshop meeting a discussion was held on whether or not accept credit cards for face to face transactions. Per VISA and MasterCard operating regulations, there can be no charge for face to face transactions. The direction received at that meeting was not accept credit cards for face to face transactions and for staff to investigate other possibilities of accepting them, and the costs for providing that service over the internet and by telephone. The Finance Department Customer Service (CS) payment counter ceased accepting credit cards last July for face to face transactions. CS, however, has continued to accept debit cards at the payment window. Debit cards continue to be an increasingly popular way to pay for goods and services. Debit cards have become widely accepted. The two issues needing to be addressed are: 1) Continuing to accept debit cards at the customer service counter, and 2) Providing telephone and internet payment options. Debit Cards: Approximately 200 debit card transactions were processed each month during the second half of 2005. There was an average of about 125 transactions per month during the first half of 2005. If the trend stays consistent, the number of transactions in 2006 may grow to over 400 per month by the end of the year. US Bank currently charges 45 to 65 cents for each individual face to face debit card transaction. The size of the transaction does not increase the fee. There are dozens of networks that process debit card transactions. The two largest networks are Interlink and Maestro, operated by VISA and MasterCard, respectively. The fee to use those networks is currently 65 cents per transaction. Roughly two-thirds of those transactions go through Interlink. The majority of the City's remaining transactions go through a network called ACCEL. The fee to use the ACCEL network and the other networks we have access to is currently 45 cents per transaction. There is 3(d) no choice as to which network is used. Transactions are processed automatically based on which network is immediately available. US Bank began charging the City a fee for these transactions in December 2004. All costs are currently being absorbed by the City. A transaction fee of 50 cents would cover the majority of the costs. Credit Cards: The Finance and Parks and Recreation Departments have accepted credit cards for payment of services and fees for the past 5 years. Finance charged a convenience fee (as a percentage of the transaction amount) to offset the discount fees the credit card companies charge for each transaction. Finance ceased accepting credit cards in July 2005 when notified by NOVA Information Systems, Inc. (US Bank's VISA/MasterCard service provider) that is was a violation of the VISA operating regulations to impose a convenience fee on face to face credit card transactions. Those regulations, however, do allow a charge for non-face to face (telephone, internet) credit card transactions. Since July, the customer service window has continued to receive many inquiries for using credit cards to pay for services. Parks and Recreation increased fees to cover the discount fees and have not charged a convenience fee. US Bank is capable of accepting internet and telephone credit and debit card payments and can collect a convenience fee. They are capable of collecting this, however, for only one set amount (for example $5.00) for any transactions regardless of size or type of payment. The difference, if any, between the discount fees and the convenience fee collected would be billed to the City each month. Official Payments Corporation (OPC), a commercial provider of electronic payment options (many local cities and counties use this service), can perform this service and charge the customer a convenience fee based on the type and amount of payment. The fees would be set by OPC to recover their costs and return a profit. The fees would be set to recover the cost for an average payment for each payment type. The fee for utility payments might be different than the fee for business licenses or building permits or local improvement district (LID) assessments. An LID payment might require a higher convenience fee because the normal payment amount is generally higher. The City would have no further liability and would receive full payment for the original billed amount. V. DISCUSSION: One of the Council's Goals is to improve internet services and increase convenience for our citizens. Providing access to a site where a credit card or debit card payment could be made would help fulfill that goal. The customer could make the decision to use the site and pay the transaction fee, City staff would not have access to the customer debit or credit card numbers. Continuing to accept debit cards at the customer service counter would also help towards achievement of that goal. The customer can swipe their card through the device and enter their Personal Identification Number(PIN). City staff would not have access to those card numbers. VI. OTHER COMMENTS: It would be difficult to encourage internet use for bill paying with out the acceptance of credit cards. Nominal fees would likely not discourage users because of the convenience. The City benefits by providing our citizens with improved service. City staff would realize a time savings benefit by using a third party company for credit card transactions. It would, also help relieve the city of increased liabilities surrounding the safekeeping of customer information. The City also provides automatic payment services. This is where the customer allows access to their bank account for the amount owing on a utility bill. The funds are electronically transferred into the City's account. Most commercial banks offer an internet bill paying service at no charge for their customers. AGENDA REPORT TO: City Council February 10, 2006 FROM: Gary Crutchf q Manager Workshop Mtg.: 2113/06 Regular Mtg.: 2/21106 SUBJECT: Second Addendum to Development Agreement for Sun Rise Estates I. REFERENCE(S): 1. Proposed Second Addendum 2. Original Agreement II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 2/13: Discussion 2/21: MOTION: I move to approve the second addendum to the development agreement for Sun Rise Estates and, further, authorize the Mayor to sign the addendum. III. FISCAL IMPACT: Reduction in project cost; estimated savings of$29,000. IV. HISTORY AND FACTS BRIEF: A) The city desires to establish a new truck route extending between the East Lewis interchange with SR-12 southerly to "A" Street. All Pro Contracting owns much of the land in the path of the desired truck route and proposed to subdivide the land in 2004. After lengthy discussion with the property owner, the city and All Pro Contracting entered into an agreement in February 2005 providing for certain improvements to be made by the developer that would result in much of the new truck route being created as part of the developer's construction of a residential plat. In exchange, the city committed as part of the agreement to pay certain portions of the cost of that new roadway and certain other costs. B) The original agreement was amended in late 2005 to reflect certain clarifications of construction requirements as well as to assure provision of the right-of-way necessary for the truck route in the event the plat was not constructed in a timely fashion. C) The developer has identified additional changes in the construction and associated cost of the required improvements; implementation of the changes will result in cost savings for both the developer and the city and, therefore, are recommended to be implemented by a second addendum to the development agreement. V. DISCUSSION: A) The original agreement required the city to reimburse one-third the cost of the new truck route being built by the developer on the edge of his subdivision. After obtaining specific cost estimates for the required improvements, the "differential" attributable to the city (the arterial standard vs. normal but typical street standard) amounts to $79,000. This compares to the original staff estimate of $60,000 (one- third of$180,000). The effect of this change is to increase the city's cost by $19,000. B) The original agreement required the developer to realign the overhead power line along the east line of the plat (the new truck route) at the expense of the city. The developer has agreed to a new alignment which would cross over his new plat from east to west and along the west boundary of the plat, so as to reduce the cost of the realignment by a total of$48,000. C) The net effect of the two changes will save the city $29,000. As such, staff recommends approval of the second addendum as presented. 3(e) Please Return Recorded Document to: CITY OF PASCO 525 North 3rd Pasco WA 99301 SECOND ADDENDUM TO DEVELOPMENT AGREEMENT THIS SECOND ADDENDUM is entered into this ,day of 2006, by and between the City of Pasco, Washington, a Municipal Corporation, hereinafter referred to as "City" and All Pro Contracting, Inc., a Washington Corporation, hereinafter referred to as "Developer"under the terms of the Development Agreement`'dated July 10, 2005; and WHEREAS, the parties desired to 'adjust., certain provisions of the development agreement reflect more recent construction 1'nformatto'n which will accommodate reduced cost for both parties to fulfill their obligations under the terms of tle original agreement as it was previously amended; and Section 1 Section 2 3, City reimbursement of construction costs for Billings' Street improvements, is hereby as ended,and shall now read'as follows: 2.3 Cjbt 7 R imbursement of Construction Cost for Billings Street_Improyernents. The City shallreimburse tfi di✓yeloper for: a. Construction of Billings .Street to arterial street standards in the amount of _.._.: $79,000, Section 2,,;::;,Section 2_ .. Relocation of overhead Powerlines, hereby amended to read as follows: = ' ::. 2.4 Relocation`of Overhead Powerlines. The developer shall secure all necessary permits and approvals for, and provide all construction services and materials for, the relocation of the Franklin County Public Utility District Line that presently bisects the premises and relocate the same so as to cross the plat from its present terminus near the east line of the plat due westerly to the west line of the plat and then southerly along the west line of the plat to the southwest corner of the plat. Developer shall provide all necessary easements required by Franklin County Public Utility District for the relocation of the power line, guy wires, and other electrical facilities incident to this line. Second Addendum to Development Agreement-Page 1 of 3 Section 3. All remaining terms and conditions of development agreement and the first addendum, not inconsistent with the provisions above, shall remain in full force and effect and shall inure to the benefit and be binding upon any successors, assigns and all persons or entities holding an interest in the real property subject to this development agreement. IN WITNESS WHEREOF, the Parties have executed this Addendum to the Development Agreement the day and year first written above. All Pro Contracting, Inc. City of Pasco, Washington Lonnie Haag Joyce.Olson:. President Mayor STATE OF WASHINGTON ) ss County of Franklin ) On the day of 2006, ;'.before me LONNIE HAAG, President of All Pro Contracting; Inc., to be known to be the individual described in and who executed the within and`foregotng- nstrument, and acknowledged that he signed the same as his free and voluntary act`a 4deed forthe uses and purposes therein mentioned. GIVEN under my hand and official seal this' day of , 2006. Notary Public in and for the State of Washington Residing at My Commission Expires Second Addendum to Development Agreement-Page 2 of 3 STATE OF WASHINGTON ) ss County of Franklin } On the day of , 2006, before me JOYCE OLSON, Mayor of the City of Pasco, to be known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that she signed the same,;as her free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of; ,2006. Notary Pubite to and for the State of Washington. Residing at My CommissionVExpires Second Addendum to Development Agreement-Page 3 of 3 Please Return Recorded Document to: CITY OF PASCO 525 North 3rd Pasco WA 99301 DEVELOPMENT AGREEMENT THIS AGREEMENT is entered into this day of January, 2005, by and between the City of Pasco, Washington, a Municipal Corporation, hereinafter referred to as "City", and All Pro Contracting, Inc., a Washington Corporation, hereinafter referred to as "Developer", regarding the development of a Preliminary Plat of "Sunrise Estates", hereinafter referred to as "premises" providing for the development of the real property covered thereby including the issuance of permit approvals for the development of that real property located within the City of Pasco, Washington, more particularly described as follows: PARCEL A (TAX PARCEL NO.113-890-014) THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 9 NORTH, RANGE 30 EAST, W.M., FRANKLIN COUNTY, WASHINGTON, EXCEPT THE WEST 30 RODS AND EXCEPT THE SOUTH 50 FEET FOR RIGHT-OF-WAY EASEMENT. PARCEL B (TAX PARCEL NO. 113-900-093 THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 9 NORTH, RANGE 30 EAST, W.M., FRANKLIN COUNTY, WASHINGTON. PARCEL C ALL OF BLOCK 8 IN WASHINGTON ADDITION TO PASCO AS RECORDED IN VOL. 15 OF PLATS, PAGE 54, RECORDS OF FRANKLIN COUNTY, WASHINGTON, TOGETHER WITH VACATED ALLEYS IN BLOCK 8 AND VACATED PORTIONS OF ADJOINING STREETS. Records of Franklin County, Washington. Development Agreement- 1 WHEREAS, Developer has submitted a Preliminary Plat for the development of the above-described property designated "Sun Rise Estates"; and WHEREAS, the City is in the process of establishing a sub-area plan for that vicinity, including the installation of a major industrial access road and buffering between residential and industrial uses within that area; and WHEREAS, the City and the Developer are authorized, pursuant to RCW 36.70B.170, et al., to enter into a Development Agreement setting forth the development standards and other provisions that will apply to this project and invest in the parties, the rights of developing the premises in accordance with the conditions contained in this Development Agreement; and WHEREAS, the City has determined that this Development Agreement is appropriate to establish planning principals, development standards and procedures for eliminating uncertainty in the planning of this project and to guide the orderly development of the project, including the funding of all of the improvements required thereunder; and WHEREAS, a public hearing has been held in compliance with RCW 36.70B.200, NOW, THEREFORE, IN CONSIDERATION of the mutual covenants contained herein, the parties agree as follows: 1. PROPERTY DEVELOPMENT 1.1 Preliminary Plat Approval. This Development Agreement is contingent upon and, incorporated as a condition of approval of the Preliminary Plat of Sunrise Estates as provided in the Pasco Municipal Code Chapter 26.24. 1.2 Development Standards. Development of the property shall at all times strictly conform to all applicable provisions of the City's Comprehensive Plan, Zoning Ordinances and other applicable laws, regulations and rules of any governmental entity having jurisdiction or control over any part or stage of the development. The development must abide by the City's performance standards in its construction and building of the roads, water system, sanitary sewer system, storm water system and fire protection system in effect as of the date of this Agreement. 1.3 Term. This Agreement shall become effective upon the date of the Resolution adopting the Preliminary Plat of Sunrise Estates and shall continue for a period of eighteen (18) months thereafter unless extended by mutual agreement of the parties. Development Agreement- 2 2. PUBLIC IMPROVEMENTS 2.1 Development Costs and Standards. All development costs, including, without limitation, the cost of all streets, water mains, sewer mains, storm drain facilities, curbs, gutters, sidewalks and all other improvements incident to the Preliminary Plat of Sunrise Estates, attached as Exhibit A, shall be paid by the Developer subject to reimbursement from the City for those portions identified below. 2.2 Construction of Billings Street. The Developer shall. (a) Construct and dedicate by plat, that right-of-way designated thereon as "Billings Street" which shall be constructed by Developer to Arterial Street Standards as adopted by the City, consisting of not less than 4" of pavement and 10" of ballast and top-course rock, 42' wide from the face of the curb to face of curb; (b) Construct adjacent thereto sidewalk, curb and gutter, together with all in-road improvements, and street lights; (c) Construct a 6' high sound barrier block wall upon the western right-of-way line of Billings Street in lieu of the standard estate boundary fence as may be required by the City of Pasco Planning Commission; (d) Construct Billings Street from its intersection with East A Street to its intersection with Helena Street as designated upon the Preliminary Plat of Sunrise Estates, attached as Exhibit A as a portion of its Phase I development; and complete the construction of all of Billings Street within eighteen (18) months of the effective date of this Agreement; and (e) Provide within thirty (30) days of the effective date of this Agreement, a bond as provided by RCW 58.17.130 sufficient to fund the reasonable construction costs of Billings Street north of Helena Street to the northern boundaries of the Preliminary Plat of Sunrise Estates to insure its completion within eighteen (18) months of the effective date of this Agreement. 2.3 City Reimbursement of Construction Cost for Billings Street Improve ents. The City shalt reimburse the Developer for: (a) Construction of Billings Street to arterial street standards in an amount equal to 33% of the actual costs of construction of Billings Street; (b) Installation of street lights within the Billings Street right-of-way in an amount equal to 50% of the actual costs of their install atioyy (c) Installation of required landscape within the Billings Street right- of-way in an amount equal to 100% of the actual cost thereof; Development Agreement- 3 (d) An amount equal to the difference between the actual costs of construction of the 6' block wall and the reasonable costs of construction of a standard estate boundary fence as required by the Pasco Planning Commission. Construction costs shall include required design services, engineering, surveying, environmental mitigation, relocation and/or new construction of private utilities, and the actual labor and material construction costs incurred by Developer specifically identified to construction of Billings Street. Indirect costs, such as overhead, administrative expenses, financing costs and markup or profit, shall not be included as construction costs under the terms of this Agreement. Reimbursement payments by the City shall be made upon completion, inspection and acceptance by invoice from Developer to the City and payable within thirty (30) days from the date of invoice. The City shall have the right, upon five (5) days advance notice, to inspect and copy Developer's records justifying its costs in the construction of such improvements to verify the actual costs thereof. LRelocation of Overhead Power Lines. The Developer shall secure all necessary permits and approvals for, and provide all construction services and materials for the relocation of the Franklin County Public Utility District line that presently bisects the premises and re ame ad scent to the ri ht-of-wa providing all necessary easements required by Franklin County Public Utility District for the relocation of the power line, guy wires and other electrical facilities incident to this line. 2.5 City Reimbursement of Overhead Power Line Relocation. The City shall reimburse the Developer for all of the actual construction costs, as defined in Section 2.3 above, for the relocation of this line. Reimbursement payments by the City shall be made upon invoice from the Developer upon acceptance by Franklin County Public Utility District of the relocated line and incident easements and shall be payable within thirty (30) days of the date of invoice. The City shall have the right, upon five (5) days advance notice to inspect and copy the Developer's records justifying its costs in the construction of such improvements to verify the actual costs thereof. 2.6 Extension of Sewer and Water Utilities. The Developer shall secure all approvals and permits necessary and construct and install the extension of City water and sewer utilities and shall provide all materials and services incident to the extension of City water and sewer utilities from their current terminus west of the southwest corner of that site running along East A Street to Billings Street as designated on the Preliminary Plat attached as Exhibit A. The City shall reimburse the Developer for all of the actual construction costs for the extension of such utilities. The Developer shall be responsible for all costs for extension of the sewer and water utilities for the Preliminary Plat development. All installation of such utility service lines shall be located as designated by the City Engineer and in accordance with the standards and regulations as adopted by the City and subject to inspection by the City. Initial utility connection fees for all lots within the subdivision shall be fixed at the City's established 2004 rate schedule. Development Agreement- 4 2.7 Conveyance of Real Pro pert . The Developer shall, (a) Convey to the City after grading and hydro-seeding, that real property designated on the Preliminary Plat of Sunrise Estates as Tract A consisting of approximately 2.29 acres lying northeasterly of Billings Street as designated on said Preliminary Plat in consideration of the payment of $20,000.00. The parties authorize the preparation and inclusion as a part of this Agreement, a complete legal description thereof upon closing. Closing, including payment of the consideration of$20,000.00, shall be within thirty (30) days of the city's approval of the final plat containing said Tract A. (b) Convey to the City that real property designated as Block 8 of Washington Addition lying east of Billings Street in its present "as is" condition in consideration of the payment of $42,000.00. The parties authorize the preparation and inclusion as a part of this Agreement, a complete legal description thereof upon closing. Closing, including payment of the $42,000.00 shall be within thirty (30)days of the effective date of this Agreement. 2.8 Additional Consideration. As further additional consideration of the payment provided above, the City shall pay to the Developer as total compensation for any loss of lots associated with the plat redesign, reduced access to Billings Street, delays and as a complete and final release of any claims, debts or liabilities claimed by Developer against the City of whatsoever-nature, in the sum of$40,000.00 to be paid at the time of closing of the real property provided in Section 2.7(b) above. 3. GENERAL PROVISIONS 3.1 Default. For the purpose of this Agreement, time is of the essence. In the event either party fails to perform the terms and provisions of this Agreement, which failure continues uncured for a period of sixty (60) days following written notice from the other party (unless the parties have mutually agreed in writing to extend this period) shall constitute a default under this Agreement. Any notice of default shall specify the nature of the alleged default and, where appropriate, the manner in which the alleged default may be satisfactorily cured. If the nature of the alleged default is such that it cannot be reasonably cured within the sixty (60) day period, then the commencement of actions to cure the alleged default within the sixty (60) day period and diligent prosecution of such actions necessary to complete the cure of the alleged default, shall be deemed to be a cure within the sixty (60) day period. Upon a default of this Agreement that is not cured as provided above, the non-defaulting party may institute legal proceedings to enforce the terms of this Agreement. If the default is cured, then no default exists, and the noticing party shall take no further action. 3.2 Extension of Time for Performance. Notwithstanding anything to the contrary contained in this Agreement, neither party shall be deemed to be in default where delays and performance or failures to perform are due to war, insurrection, Development Agreement- 5 strikes or other labor disturbances, walkouts, riots, floods, earthquakes, fires, casualties, acts of God, restrictions imposed or mandated by other governmental entities, enactment of conflicting state or federal laws or regulations, extended appeals by third parties or similar basis for excused performance which are not within the reasonable control of the party to be excused. Upon the request of either party, an extension of time for such cause shall be granted in writing for the period of the forced delay, or longer, as may be mutually agreed upon. 3.3 Remedies. Either party may, in addition to any other rights or remedies, institute an equitable action to cure, correct, or remedy any default; enforce any covenant or agreement set forth herein; enjoin any threatened or attempted violation of the Agreement; enforce by specific performance the obligations and rights of the parties to this Agreement, or obtain any remedies consistent with the foregoing and the purpose and intent of this Agreement. In the event of a dispute arising out of or relating to this Agreement, whether or not suit or other proceedings are commenced and whether in mediation, arbitration, at trial, on appeal or in administrative proceedings, the substantially prevailing party shall be entitled to its costs and expenses incurred, including reasonable attorney's fees. Venue shall be in Franklin County, Washington. 3.4 Exception to Vestin&Serious Threat to Public Health. In the event the City is faced with an unseen serious and immediate threat to public health, safety and welfare directly affecting this project, the City may, upon notice to the Developer, propose new or different regulations applicable to the property than those established in this Agreement. 3.5 Construction. This Agreement sets forth the entire agreement of the parties. This Agreement shall be construed as a whole. No amendment, change or modification of any provision of this Agreement shall be valid unless set forth in writing and signed by both parties. To the extent of any conflict with any City Zoning Rules and Regulations which may otherwise govern the premises, the terms and conditions of this Development Agreement shall prevail. 3.6 Waiver/Severability. The failure of either party to insist upon or enforce strict performance by the other party of any of the provisions of this Agreement or to exercise any rights or remedies under this Agreement shall not be construed as a waiver or relinquishment of any extent of such party's right to assert or rely upon any such provisions or rights in that or any other instance; rather, the same shall be and remain in full force and effect. The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. 3.7 Binding Effect. This Agreement shall be recorded against the Property and, subject only to the express conditions or limitations of this Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties. Upon assignment of this Development Agreement or the conveyance of any parcel of Real Property to which this Agreement is applicable, the assignee/grantee Development Agreement- 6 shall be deemed to assume all rights, obligations and liabilities set forth in this Agreement as they relate to such parcel. The covenants created by this Agreement are intended and shall constitute covenants running with the land. 3.8 Cooperation. Each party shall take such action (including, but not limited to the execution, acknowledgement and delivery of documents) as may reasonably be requested by the other party for the implementation or continuing performance of this Agreement. In the event of any administrative, legal or equitable action or other proceeding instituted by any person not a party to this Agreement challenging the validity of any provision of this Agreement, or any subsequent action taken consistent with this Agreement, the parties shall cooperate in defending such action or proceeding to settlement or final judgment, including all appeals. Each party shall select its own legal counsel and retain.such counsel at its own expense. 3.9 Relation of Parties. The Parties agree that the relation created by this Development Agreement is solely that of a private developer and the City. Nothing in this Agreement shall create the Developer or City as an agent, employee, employer, legal representative, partner, or subsidiary of the other. IN WITNESS WHEREOF, the parties hereto executed this Agreement the day and year first above written. All Pro Contracting, Inc. City of Pasco, Washington By: By: Arnold Haag Michael L. Garrison Mayor STATE OF WASHINGTON ) ss. County of Franklin ) On the day of , 2005, before me, ARNOLD HAAG, of All Pro Contracting, Inc., to be known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed.for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of February, 2005. Notary Public in and for the State of Washington Residing at My commission expires on: Development Agreement- 7 STATE OF WASHINGTON ) ss. County of Franklin ) On the day of 2005, before me, MICHAEL L. GARRISON, Mayor of the City of Pasco, Washington, to be known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of February, 2005. Notary Public in and for the State of Washington Residing at My commission expires on: Development Agreement- 8 AGENDA REPORT TO: City Council February 10, 2006 FROM: Gary Crutchfi Manager Workshop Mtg.: 2113/06 SUBJECT: 2005 Community Survey Results I. REFERENCE(S): 1. Memorandum to City Manager from Management Assistant dated 216106, summarizing survey results. 2. Community survey document (provided to City Council previously; copy available for public review in City Manager's office, the Pasco Library, and the city's website at www.ci.pasco.wa.us). II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 2/13: Discussion III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) The City Council authorized use of the National Citizen Survey group out of Colorado to conduct its standard community survey of Pasco citizens in late 2005. Attached memorandum from Mr. Buerkle summarizes the results of the survey. Details of the survey are reflected in the actual survey document provided earlier to City Council. V. DISCUSSION: A) The survey document requires no specific action of the City Council. Rather, it should be viewed as a general indication of community sentiment of the various services provided by the city as well as the other survey elements reflected in the survey document. In that sense, the survey does two things: first, it establishes a baseline for community measurement of service delivery programs; second, it provides a citizen-based suggestion as to those service areas that should be considered for improvement. To that end, the survey can provide valuable input to staff and Council in developing goals for the new biennium (2006-2007). 3(f) MEMORANDUM February 6, 2006 TO: Gary Crutchfield, City Manager FROM: Elden Buerkle, Management Assistant RE: Summary of the 2005 Community Survey Results Last year, the City of Pasco contracted with the National.Research Center (NRC) to have the National Citizen Survey carried out in Pasco. In November 2005, the survey process began with the mailing of 1,200 postcards to randomly selected Pasco households. There were 65 returned postcards, which resulted in the mailing of surveys to 1,135 Pasco households. There were 304 completed surveys returned by the cutoff date of December 27; a response rate of 27 percent. Assuming a 50150 split for a response, that produces a margin of error of plus/minus 5.6 percent at a confidence level of 95 percent for Pasco's population. For anything other than a 50/50 split (e.g., 80/20), the margin of error would be reduced. In addition to the basic English language survey, for an additional fee of$1,400, Pasco chose to make the instrument available in Spanish to those requesting it. Nine Spanish language surveys were requested; 4 were completed and returned for processing. There are two survey reports. The Report of Results, contains compiled information of the opinions of Pasco respondents to survey questions. The other is the Report of Normative Comparisons, which compares Pasco opinions to those of other jurisdictions. The National Research Center possesses a database of survey .responses from approximately 400 jurisdictions. Included in the database is information from the National Citizen Survey as well as from other surveys. Survey information from counties as well as municipalities is also included. The compiled survey responses in the database can be used to compare Pasco residents' opinions with those of other jurisdictions. In addition to comparing our survey results with all jurisdictions in the database, Pasco chose to have our results compared with jurisdictions of about the same size (populations 40,000-63,999). Survey information from approximately 60 jurisdictions is in this database. Results of these comparisons are described in the Report of Normative Comparisons. Community Survey Summary: page 2 The survey also included three Pasco specific policy questions. Those were: 1. Pasco operating and maintaining Chiawana Park: 78 percent support. 2. An additional sales tax of 1110 of one percent to support a regional aquatic center: 63 percent support. 3. Continuing support of the school district with City funds: 90 percent support. Some of the more significant survey results are summarized below: QUALITY OF LIFE Residents appear to feel they have a good quality of life in Pasco. In comparison to similar size communities, Pasco's ratings for this are below average (referred to as "the norm" in Report of Normative Responses), but are about average when compared to all jurisdictions in the NRC database. Respondents see others as accepting of those with diverse backgrounds and believe there is a good sense of community in Pasco. Survey respondents feel they have good access to quality housing and food, but seem to be concerned about access to child and health care. These four areas were rated at average or above average levels compared to the NRC databases. Respondents seem less satisfied with Pasco's appearance, and cultural and shopping opportunities as these ratings are below average for both databases. Residents seem to be of the opinion that Pasco's population is growing too fast, but that retail and job growth is not happening fast enough. Respondents consider the quality of new development in Pasco is good. Pasco residents appear satisfied with how easy travel is in Pasco, and they give good ratings to street and sidewalk maintenance, and traffic signal timing. These service areas are for the most part at average or above average levels in the NRC comparisons. GOVERNMENT Generally, respondents are satisfied with Pasco City government and the direction the city is taking, feel they receive good value for the taxes they pay, and view their municipal government as open and encouraging citizen involvement. In these areas, Pasco rates close to average for both databases. The quality of services provided by City employees received generally positive ratings, but in most cases ranked below average against the NRC databases. Services provided by the state and federal governments are rated positively (above average in comparison to both databases). Pasco leisure programs/facilities (including parks, library services, recreation programs, etc.) are perceived positively by respondents. When compared to the NRC databases, these services are generally rated below average for similar size communities, and average for all jurisdictions in the database. Community Survey Summary: page 3 Residents appear to be satisfied with the quality of Pasco utility services. The results for these were mixed in comparison to similar size communities, but generally ranked at average to above average for the whole database. Respondents are satisfied with most municipal and community services. However, for a few service areas, satisfaction levels were low (with combined ratings of "fair" and "poor" exceeding 50 percent); those include code enforcement, economic development, and cable television. (Code enforcement and economic development are often lengthy processes without immediate results, and that might help explain some of the negative perceptions. We will be informing Charter Cable of how their service was rated by survey respondents.) SAFETYIPROBLEM AREAS The biggest perceived potential problem area is drugs; 49 percent of respondents with an opinion rate it a major problem. Other areas viewed as potential problems are crime, unsupervised youth, community appearance issues, and the perception that too much growth is taking place in Pasco. The majority of respondents feel safe from fire and violent crime, but only 40 percent of those expressing an opinion feel safe from crimes against their property. Most respondents feel safe during the day, and in their neighborhoods after dark, but do not feel safe at night in Pasco's downtown or parks. When comparing safety perceptions against the NRC databases, Pasco rated below average in all areas except fire. Pasco public safety agencies are perceived as providing good service. They rate at average or below average when ranked against similar size jurisdictions, and at about average when compared to all jurisdictions in the database.