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HomeMy WebLinkAbout2012.08.27 Council Workshop PacketAGENDA PASCO CITY COUNCIL Workshop Meeting 7:00 p.m. August 27, 2012 1. CALL TO ORDER 2. ROLL CALL: (a) Pledge of Allegiance. 3. VERBAL REPORTS FROM COUNCILMEMBERS: 4. ITEMS FOR DISCUSSION: (a) Animal Control and Code Enforcement Survey Discussion: 1. Agenda Report from Rick Terway, Administrative & Community Services Director dated August 13, 2012. 2. Survey. 3. Survey Results and Tabulation. 4. Graph of Dog Licenses Issued and Animal Trends. (b) Annexation: Commercial Ave/Kahlotus Highway (MF# ANX2012 -003): 1. Agenda Report from David I. McDonald, City Planner dated August 20, 2012. 2. Overview Map. 3. Vicinity Map. 4. Proposed Resolution. 5. Notice of Intent to Commence Annexation. (c) Pasco Municipal Code Title 3 Updates: 1. Agenda Report from Dunyele Mason, Financial Services Manager dated August 23, 2012. 2. Proposed Ordinance. 3. Proposed Resolution. (d) Street Closure Requests: 1. Agenda Report from Stan Strebel, Deputy City Manager dated August 13, 2012. (e) Mini- Master Plan: 1. Agenda Report from Ahmad Qayoumi, Public Works Director dated August 21, 2012. 2. Professional Services Agreement. 5. OTHER ITEMS FOR DISCUSSION: (a) (b) (c) 6. EXECUTIVE SESSION: (a) (b) (c) 7. ADJOURNMENT REMINDERS: 4:00 p.m., Monday, August 27, Ben - Franklin Transit Office — Hanford Area Economic Investment Fund Committee Meeting. ( COUNCILMEMBER AL YENNEY, Rep.; SAUL MARTINEZ, Alt.) 2. 6:00 p.m., Monday, August 27, City Hall Conference Room #1 — LEOFF Disability Board Meeting. (MAYOR MATT WATKINS and COUNCILMEMBER REBECCA FRANCIK) AGENDA REPORT FOR: City Council August 13, 2012 TO: Gary Crutchfield, City Manager � Workshop Mtg.: 08/27/12 FROM: Rick Terway, Director, Administrative & mmunity Services SUBJECT: Animal Control and Code Enforcement Survey Discussion I. REFERENCE(S): 1. Survey 2. Survey Results and Tabulation 3. Graph of Dog Licenses Issued and Animal Trends II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 08/27: Discussion III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) In presenting results of the 2011 National Citizens Survey earlier this year, staff noted two services, Animal Control and Code Enforcement, where public satisfaction levels had declined steadily over the last three surveys (2005- 2011). Hoping to identify more specific reasons for the ratings drop, staff prepared a written survey instrument which was distributed in every 10 utility bill in the month of June. Of approximately 1,500 surveys sent out the City received 175 completed surveys, which in staff's opinion, represents a very good response rate considering the effort required to produce and distribute the survey. B) The survey results and tabulation are attached for Council's review. At the August 27 Workshop meeting staff will address the Animal Control issue and at the September 10 Workshop meeting the Code Enforcement issue. V. DISCUSSION: A) Currently the City contracts for animal control services in two ways. 1) through an inter -local agreement with Kennewick and Richland (the Animal Control Authority or ACA) that provides services for the three cities including patrol, housing, adoption, chipping, dangerous dog management, issuing infraction citations and other services. Services are provided through a contract with A to Z Sheltering, which provides each city with one full -time Animal Control Officer. 2) Pasco contracts with A to Z Sheltering for an additional Random Patrol Officer which provides an additional 40 hour per week. Animal control is contracted for dog and cat control only, they are not permitted to handle wildlife or farm animals. B) The survey indicated that 73% of the respondents expressing an opinion considered the service fair or better while 27% considered the service poor. Some of the respondents requested that the shelter be open additional hours, were concerned about barking dogs (code enforcement), and desired quicker response times. C) The contract stipulates that the shelter be open 40 hours per week, and to provide partial weekend availability the shelter is open Tuesday through Saturday. The contract does provide for emergency call out after hours. Since 2009, Pasco has 4(a) averaged 183 after hours calls per year, or .5 calls per day. Animal control handles on average 7.5 calls per day where officers are sent out to investigate complaints or concerns. Call times range from 45 minutes to 90 minutes. In addition to calls, the officers are picking up an average of 3.8 animals per day and the shelter takes in an additional 5 stray animals per day, for a total of 8.8 animals per day. Due to the fact that Animal Control only deals with dogs and cats there is some misconception about other problem animals such as skunks, raccoons etc. D) Staff suggests a public relations effort through various outlets including the City web site, the Pasco Pulse, utility bills, radio and television to inform the public of the rules, regulations and duties of Animal Control. This should be continued on a regular schedule to keep it fresh and to inform new residents. E) Emphasis patrols, by the Random Patrol Officer, should be conducted in areas noted by ACA and city staff (Police and Code Enforcement) with high populations of loose animals. With the increased emphasis of the Park Ranger program, the Animal Control Officers have to spend less time in the park areas. F) Realistic incentives could be provided for the Random Patrol Officer to encourage pick -up of more animals once abase amount is reached. G) Pasco began contracting for the Random Patrol Officer in 2005. While the City area and population has grown, there has been no increase in the contract time since 2005. H) Based on a national pet owner survey it is estimated that 39% of homes have at least one dog and 32% have at least one cat. With that in mind, in 2005 Pasco had 14,141 housing units which equates to 10,040 animals (dogs and cats). In 2012 we have an estimated 20,096 housing units which equates to 14,268 animals. This is a 42% increase in the last seven years. The city has increased its efforts to license dogs through canvasing by Code Enforcement. Attached are graphs that show the increase in dog licenses issued and animal trends. i Office of Communications (509) 545 -3485 1. , .� City Hall, 525 N. 3`d Avenue, Pasco, WA 99301 Memo To: Stan Strebel, Deputy City Manager From: Jon Funfar, Communication Specialist Date: July 19, 2012 Re: Code Enforcement/Animal Control Survey As directed, the City recently conducted a mail survey of utility customers regarding their views on the quality of service from the City's Code Enforcement and Animal Control efforts. One -page surveys with a postage -paid envelope were placed in every 10`h utility bill for the month of June. A copy of the survey is attached. We have received approximately 175 surveys through July 19, with the results and comments in the Excel spreadsheets, also attached. If you need further information on the survey, please let me know. CITY OF PASCIO n llll����I�IIIIIIII1111�IIIIII n You have been randomly selected for a survey on the City's Code Enforcement and Animal Control services. Your opinions are very valuable as the City looks to improve its services to the public. Please take a moment to fill out this short survey and return it in the provided envelope by June 30. If you have any questions about this survey, contact Deputy City Manager Stan Strebel at (509) 545 -3485. Thank you! Code Enforcement investigates citizen complaints and identifies others through proactive inspections. Some of the most common code violations pertain to weeds, accumulations of waste or garbage materials, blowing dust, obstructions to public rights -of -way, potential fire hazards, zoning code and sign code requirements, business license requirements and portions of the noise ordinance. Code Enforcement also oversees the city's Residential Rental Program. A rental dwelling license is required for all rental properties, including single family homes. 1. Have you had any direct experience with Code Enforcement in the last three years? _ Yes No 2. Please rate the City's Code Enforcement service (even if you have had no direct experience with it recently) _ Excellent _ Good _ Fair Poor _ No Opinion 3. If you indicated "Fair" or "Poor" on the City's Code Enforcement service, what is the primary reason for your dissatisfaction? _ Not enough enforcement /Enforcement not apparent —Too much enforcement _ I felt I was unfairly targeted by Code Enforcement _ Other /Additional Comments 4. If you indicated "Excellent" or "Good" on the City's Code Enforcement service, what is the primary reason for your satisfaction? _ City neighborhoods look clean and well -kept _ Code Enforcement is responsive when I call — Other (please specify) Tri Cities Animal Shelter and Control Services performs contract animal control services for the City of Pasco, including: Enforcement of Pasco Municipal Code (Title 8, Animal Control), complaints and referrals regarding animal control, apprehension and impound of stray dogs and cats, distressed animals, Pasco random patrols, and pet adoptions. S. Have you had any direct experience with Animal Control in the last three years? _ Yes No 6. Please rate the City's Animal Control efforts (even if you have had no direct experience with it recently) _ Excellent _ Good Fair _ Poor _ No Opinion 7. If you indicated "Fair" or "Poor" on the City's Animal Control service, what is the primary reason for your dissatisfaction? —Too much control _ Licensing fees too expensive _ When called, Animal Control takes too long to respond _ Animal Control not on -duty when needed _ Other /Additional Comments: 8. If you indicated "Excellent" or "Good" on the City's Animal Control service, what is the primary reason for your satisfaction? _ Animal Control is responsive when I call _ Loose animals in the City are kept to a minimum _ Other (please specify): 9. Do you have additional comments about the City's Code Enforcement and /or Animal Control services? THANK YOU for helping improve our community! V(MGJ \ V \GJ 1. Have you had any direct experience with Code Enforcement in the last three years? No 1 1231 71% Total Responses, #1 1 174 I2. Please rate the City's Code Tabulated percentages Enforcement service (even if you have excluding "No Opinion" had no direct experience with it recently) responses: 3. If you indicated "Fair" or "Poor" on the City's Code Enforcement service, what is the primary reason for your 4. If you indicated "Excellent" or "Good" on the City's Code Enforcement service, what is the primary reason for your otal ses with 1 enough 51 41 1 Too much enforcement 51 6% 1 felt I was unfairly targeted by Code Enforcement 6 8% Comments City neighborhoods look clean and well-kept 1 40 56% Code Enforcement is responsive when I call 16 790/. 16 72 5. Have you had any direct experience with Animal Control in the last three years? Yes 571 33% No 118 67% Total Responses, #5 175 6. Please rate the City's Animal Control Tabulated percentages efforts (even if you have had no direct excluding "No Opinion" experience with it recently) responses: Excellent 16 13% Good 46 38% Fair 26 22% Poor 32 27% Total 120 100% Responses with "No Opinion": 49 29% All Responses, #6 169 7. If you indicated "Fair" or "Poor" on the City's Animal Control service, what is the primary reason for your dissatisfaction? Too much control 2 2% Licensing fees too expensive 9 10% When called, Animal Control takes too long to respond 22 25% Animal Control not on -duty when needed 22 25% Other /Additional Comments: 32 37% Total Responses, #7 87 S. If you indicated "Excellent" or "Good" on the City's Animal Control service, what is the primary reason for your satisfaction? Animal Control is responsive when I call 14F 21 % Loose animals in the City are kept to a minimum 41 62% Other leasespecify): 11 17% Total Responses, #8 66 9. Do you have additional comments about the City's Code Enforcement and /or Animal Control services? Responded (see below) 52 Written Responses to #3 Dissatisfied with Code Enforcement): Code Enforcement - Grass - Weeds - Some Businesses have to plant grass - others use rock or nothing - weeds? 1. Be more proactive - many areas in W. Pasco are degrading 2. Get the word out on "What are the homeowners res onsibilites" Letters are threatening, not informative It took several calls before any action took place - problem with Aho Construction failure to control blowing sand - currently have need for clean up behind my home. Some Neighborhoods look clean, some are awful. Code Enforcement very kind but not aware of the reason behind the code. They do "not" enforce barking dog ordinance Loud car stereo blaring I have had relatives unfairly targeted when neighbors were far worse - almost like harassment. Code enforcement appears to "target" easy offenders while by passing more severe problems. People do not purchase garage sale licenses. A Pasco police officer laughed when I said I purchased one for my sale. I have a friend on Nixon and the neighbor behind her house on Sylvester has a very large open unkept field with piles of tree shavings and occasional parked vehicles. Call to the city continue to be ignored. house on road 40 in need of cleaning up again (between Ella & Pearl) Staff member was not very friendly and I had no problem with the violation - knew it needed to be cleaned up. Barking dogs - city doesn't give a s * *t! I was targeted by neigbors have not had to get permits for fences like I had to. Not enough residential construction dust control Not realistic treatment for violation on animal license violation. Felt like a criminal with little notice. They do not respond to all the reports or return your phone call My neighbors fence is falling into my yard due to garbage but no action Very Poor - Wrong people unjustly targeted! I live across the street from a house that has a speaker system to blast Hispanic "cowboy" music at full decibel. When I've called the Police about 9 -10, 1 get "they are allowed to have music ". I defy anyone in city government to put up with it - as neighbors we can't use our own patios within the block as you can't speak normally over the music. I live in a brick house, and d * *n bass makes my windows vibrate - but no help from the city. Pasco is a dirty, garbage & trash laden town - parking lots are full of whatever falls out of the car. When utility bills go out there should be some instructions about how garbage should be properly bagged or crated, not piles those trash they expect someone else to pick up. It's a state law to have a garbage sack in your car. Inconsiderate citizens cause blow -ups of tempers. I think certain areas of Pasco are better policed - but in middle class /poor neighborhoods the rules are ignorned & not enforced. "Fair" does not mean dissatisfied. Warnings not followed through on but Code Enforcement responsive when I call I have neighbors with poorly maintained fences near mailbox & has a dog that poses safety problem. The house is on the corner of Suffolk & Mustang. I also have a neighbor whose backyard is keddy corner to mine who has repeatedly violated noise ordinance. My neighbor to my left has called in more than once with no relief. City was notified when they came door to door about animals owned - nothing was done where neighbors has 4 dogs. I called 2 times to the graffiti hot line about graffiti between 6th & 7th Agate & Pearl on a cement block fence. It is still there. Too many work vehicles, boats, RV parked too long on streets. They never give you enough time to complete repairs. They backdate the letters they send out and you end up being lucky if you have a week. They need to come enforce themselves on our neighbors - Bringing the entire street value down. Written Responses to #4 Satisfied with Code Enforcement): They have been very helpful and easy to talk to. Took their time to explain everything. The explanations were clear and easy to follow. I have heard & seen many letters regarding cleaning up yards Watch the Code Enforcement hearings on TV. Need to enforce problem address 421 S. 25th Ave. - truck in front yard - no engine - 9 years My daughter is home from Tacoma for the summer and just commented on how clean everything is kept! Watch the Board on TV & appreciate their hard work to keep city clean They answer emails & questions about codes and enforce codes. We appreciate the emails about potential wind storms. Enforced situation with neighbor whose front yard had tackweed encroaching on the sidewalk. Still has pile of gravel in driveway. We just bought our first house and haven't fully experienced much of the services yet. Written Responses to #7 (Dissatisfied with Animal Control): Neighbors are scofflaws - owners w /chronic pet problems should be court ordered for appropriate fencing Would not listen to explanations Problem still exists Too many dogs roaming residential neighborhoods - what happened to the "leash law "? Always too many cats around. Dogs everywhere. No collar - in the street When turning in animals of uncertain origin without identification I am confronted with absurd documentation requirements Animal control won't take stray cats without charging you a high fee for each cat. People on Social Security can't pay to keep someone elses strays. Feed them one time and their yours. Not fair to animals or people. Need to have free spay & neuter in Tri- Cities. Other towns have it. Too many animals, especially cats, allowed to roam free with little to no control. Too many dogs running loose in my neigborhood. Especially small ones. Even though Animal Control comes out and talks to my neighbors at 6305 Thistledown Drive, their dogs are still running loose, barking after 10:30 pm and using my front lawn to defecate. Wish they would patrol early morning for stray dogs They have gone home, don't answer phone Won't pick up stray cats /dogs when needed to The city doesn't have anyone to even take care of the animal shelter like it should be. There is ill cats especially and dogs & no money (supposedly) for a vet. How can a dog catcher be put to work if the city does this to our animal shelter ?? Also, there are animals loose at times on Sylvester from 4th to overpass. When it is time for licensing, they are right here. In the last 3 years, my husband has been chased twice by pit bulls. After one incident, somebody was attacked and hurt. Not sure if it was the same dogs, but there shouldn't be a question. Too many dogs running loose - leash law not enforced enough. All citizens need to be made aware of the ordinance - maybe especially in Spanish. Lots of stray cats I don't like letters about dogs & cats that do not belong to me No experience Failure to respond! "Not their duty" There is never a person only get a recording & by the time they respond - animal is gone. I live surrounded by 4 pit bulls and I wonder if they are licensed & tested. Also in the same houses are 6 "yappers" - these dogs use my front yard every a.m.!! I have seen these dogs take after kids on bikes, moms with strollers, etc. I have called animal control - not much happened. I finally had to build additional fencing to keep the dogs out of my back yard - hunting cats. (I got a permit to build - I don't think others did who followed suit - does the city keep track of that ?) Cats are an uncontrolled problem they c * *p in our yard and gardens In my opinion they're a health hazard. "They' being all neighborhood cats Tired of all the loose animals running around the neighborhood One time was 30 days before they responded. Many free - roaming dogs in downtown /east Pasco. Any patroller would notice the dogs. This tells me there is no one patrolling. Too many dogs running the neighborhood Too long of response time and only normal work hour patrol 8:30 -4:30. Too many little dogs running around neighborhoods around Mya Angelo School area Does not respond when services are needed at Pasco Schools. (says would take too long to get there to take care of stray animals. Dogs have been let to the owner's poor policies too often - no enforcement Harassing, not accurate with their records was harassed by visits & phone calls when dogs had been licensed. They don't have their processes in order. No officers available when called or after normal business hours. My kids have lost both of their kittens. City of Pasco came around our neighborhood licensing dogs. The man knocked on my door with a lit cigarette in his hand, so when I opened the door all his smoke came in my home. I was not happy!! If they smoke it should not at at the front door of in front of any residence. Written Responses to #8 (Satisfied with Animal Control): Overall was ok with results I do not see many loose dogs in my area of Road 37/ Sylvester As noted above, the next door neighbors pay no attention to the animal control codes! Animal control does a great job with the resources that are available to them. Seem to have the desire to have all dogs registered. News that the City continue to track pets by visiting home has increased licensing. Animal control check for pets licensed They are doing the best they can in an old building with limited resources. I have not seen any strays in my area. Took stray cat to the Animal Shelter - not ours. They came to the rescue - lost dog However, where we take walks in our 7th Street area, there are always loose dogs. Between Agate & Pearl. Adopted a dog The dogs we seem to have a problem with happen before 9am usually. By the time we get a hold of them the dogs are gone. Otherwise we have been ha w /Animal Control. Written Responses to #9 (Additional Comments): Animal Services - Have not seen loose animals, must be doing a good job Weed Control - Different rules for different people, or not enforcing codes? Some streets have weeds, some have rock, some have grass. I was told 60% street side was to be in vegetation not rock or weeds Relax a bit Just moved in; no experience yet Need to increase staff (Animal Control) I have called to report blowing dust from a construction site - absolutely no response. There are some areas in the older sections of Pasco that could use some cleaning up. Too much junk around. Speed limit reminders (signs) may help in my neighborhood since we have too many speeders. Animal Control- shouldn't be any fees Code Enforcement - Municipal Code is restrictive and not comparable to Richland and Kennewick. No wonder there are No Annex signs! Code should be revised! Fees reviewed and inspectors aware of the REASON behind the rules. Code is also inconsistenly applied, as admitted by city employees. Known that some residents have no permit but are NOT sent a NOTICE OF CORRECTION but others are. Why do you offer multiple choice favorable comments but offer "no" "unfavorable comment" choices. I would like to see a new and improved shelter I know its very difficult with all the pay cuts over all keep up your hard work! We just moved from Kennewick to Pasco. Is there ever information sent out about our current codes and regulations and what they say? I haven't called to complain yet but there are two homes right across from my home in the alley that certainly should be cleaned up. They both face Shoshone St. on is on the corner of 18th St. There are weeds and junk that needs to be cleaned up. The next house is a rental and there are old mattresses & frames out back of the shed. Plus the yard needs mowin . Our neighborhood has owners who let their dogs run at night and use our yard as their "potty ". Also, our paper lady claims she was bitten while delivering our paper at 3 -4am. Animal Control should be out on street by 0600am. The strays are out by 0530. 1 volunteer at Lourdes and almost every day there are small dogs running loose - from 14th to 4th St. Especially close to the park. People must let them out to pottie in the park & HOPE they make it home safely! - They can't do a good job if there's not funds! We are great animal lovers and take excellent care of our many pets. The animal shelter does good, much needed work. The city should aid them in a program to deal better with aggressive dogs. I wouldn't mind some of my tax dollars going that direction. Thanks Code Enforcement in Pasco does a great job - Necessary function of City - Better than neighboring cities There are so many intersections where you can't see cross traffic due to walls & plants until driving way past the white stop line. I see a lot of dogs running around loose and without tags. My two dogs are licensed, everyone else's should be too. The city should cite home owners with unkept yards because they make the neighborhoods look ugly. Please check the Sylvester Road location between 30 -40th (unsure of exact St #) open field on north side that remains unkept. Too many animals loose in our neighborhood. Always the same dogs from the same houses. I think they need more animal control. I see dogs running loosed on Sylvester & 20th, and downtown all the time. Barking dogs are they real? More research should go into deciding wether or not to give stop work orders when it may be your neighbors work. Not yours. A lot of homes in the central city of Pasco have dead lawns & fields for lawns, esp. around Sylvester Park area & Pasco High area & over grown or dead evergreens all in front yards & too many cars per house, there should be a limit of how many cars one house can have, theres nos ace for others to park at their home Animal control needs to be disbanded /closed - Code enforcement "targets" residents - reason to sell all property and leave Pasco What happened to a "patrol dog catchers" - Pasco neighborhoods are full of cats and dogs that mess the whole neighborhood. Fines should be so high that it makes owners nervous. (1 have a garden box which I had to replace three times in various areas before I put enough spikes in it to keep the cats out, using it as a litter box. Annexing the "doughnut hole" would certainly simplify animal control services, among many other services. Some people in our neighborhood allow their dogs to run freely and the owners do not pick up the dog droppings. Loud music not enforced in a way to deter. Dogs run rampant, not on leash, c * *p in my yard. Vehicles with loud music up and down Pearl St. Music in area so loud cannot enjoy being outside on deck. Area needs to be policed for campers, motor homes, trailers, and boats parked on the street for extended periods of time. I have absolutely no experience with this in any way. Sorry. The man that came was very courteous & caring for the dog. Should enforce the vehicle per house. There's tons of cars parked on the streets and driveways. Sorry, I'm not much help. Lived in Pasco 3 weeks only! I think its good that these codes and services are in place! Bought a boat and parked it on the street while my driveway was extended. I was immediately sent a letter, seemed excessively quick. The boat was only on the street 3 weeks total time). My concern is the neighbors & visitors in the driveway but across the sidewalk. Is this an enforcement issue? Linda Loviisa - Des Monies Lane & Salem. City need harsher penalties for construction (except sheds) w /out a permit. Over the last several years, there has been a definite decline in fulfilling the vision and mission to substain the maintenance standards and improvement of our community. Vacant lots and buildings are overgrown and littered throughout the city. Even some active buisnesses fail to maintain their property. Yard sale boxes and signs are left all over the city. A limited number of taco trucks were orginally permitted to park in specific areas of the city. Currently, they are all over east and central Pasco, making an unpleasant sight. In conclusion, I am hopeful that our city leaders will initiate a campaign to clean up Pasco neighborhoods and restore the pride. Random after normal work hours patrols needed - such as 5am -8am and 8pm -10pm. Need to have the older homes cleaned up more Do random drive by patrols Get some control Give more time or stop backdating letters you send out. I can read the postmarks, it doesn't take 6 weeks to go from Pasco to my house. Animal control need to have better record keeping skills and communicate with other areas where pets may be licensed. Problem dogs called in, yet they still run loose, even when told address of owner. Come meet my neighbors.:) Too many dogs let loose; too many dead cars 4P U9 Ui O lrn O cn O cn O in O O O O O O O O O O O O O W O 00 Q) v E7 o n OIQ M CD �. `0 N ,p A L ° C311 m c N (o y CL H N O N N Mso ONO MMORNFIN lot 1 1 1 1 1 1 1 1 1 1 1 1 1 1 AGENDA REPORT FOR: City Council August 20, 2012 TO: Gary Crutchfield, City Manager Workshop Mtg.: 8/27/12 Rick White, Regular Mtg.: 9/4/12 Community & Economic Development Director FROM: David 1. McDonald, City Planner SUBJECT: Annexation: Commercial Ave/ Kahlotus Highway (MF# ANX2012 -003) 1. REFERENCE(S): 1. Overview Map 2. Vicinity Map 3. Proposed Resolution 4. Notice of Intent to Commence Annexation I1. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 8/27/12: DISCUSSION 9/4/12: MOTION: I move to approve Resolution No. , accepting a petition for annexation of the Commercial Ave /Kahlotus Highway Area and providing a determination on the boundary, zoning and indebtedness. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A. Property owners in the Commercial Avenue /Kahlotus Highway area east of SR -12 (see attachments) have submitted a notice of intent to initiate annexation to the city. B. Staff has been working with the property owners of the proposed annexation area for some time now in an effort to facilitate the expansion of a food processing plant in the area and to encourage additional industrial /commercial growth around the SR -12 Interchange. The City has undertaken considerable utility planning for the area and has completed the major boring under SR -12 to provide both water and sewer to the area. Future planning includes the extension of 12 and 16 inch water lines in Commercial Avenue to provide system looping with the King City/Columbia East area and to provide service to the proposed annexation area. The water line extension project has been included in the City's Capital Improvement Plan (CIP). Other projects in the CIP include a sewer lift station to be installed on the north side of the Kahlotus Highway and connected to a previously installed force main that was part of the boring project. The lift station along with other planned gravity lines (include in the CIP for 2013) will service about 2,000 acres on the east side of SR -12 including the proposed annexation area. IV. DISCUSSION: A. The petition method of annexation requires the Council to hold a public meeting upon receipt of a notice of intent to begin the annexation to determine: 1) Whether the city will accept or require modification of the proposed annexation area; 2) Whether the city will require simultaneous adoption of zoning; and, 3) Whether the city will require the property to assume all or a portion of existing city indebtedness. The proposed resolution has been prepared following past practices of accepting the proposed annexation area without requiring simultaneous zoning or the assumption of bonded indebtedness. Zoning will be established following property owner notification and a public hearing held (by the Planning Commission) separately from a Council hearing on the future annexation. @a RESOLUTION NO. A RESOLUTION ACCEPTING A NOTICE OF INTENT (TEN PERCENT PETITION) TO COMMENCE ANNEXATION PROCEDINGS, PROVIDING A DETERMINATION ON THE TERRITORY TO BE ANNEXED AND WHETHER SIMULTANEOUS ZONING AND THE ASSUMPTION OF BONDED INDEBTEDNESS WILL BE REQUIRED. WHEREAS, the owners of property east of SR 12 and southerly of the Kahlotus Highway have filed a Notice of Intent to annex to the City of Pasco; and WHEREAS, the City Council of the City of Pasco has reviewed the Notice of Intent and has determined annexation of the territory would support the provision of municipal services within the Pasco Urban Growth Area and is in the best interest of the Pasco community; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, DOES RESOLVE AS FOLLOWS: A) That the City will accept the proposed territory to be annexed as described in Exhibit "A" and depicted in Exhibit `B" attached hereto. B) That the territory to be annexed will not require simultaneous adoption of zoning regulations. Zoning will be determined through a public hearing process with input from affected property owners. C) That the annexation area will not be required to assume any portion of existing City bonded indebtedness. PASSED by the City Council of the City of Pasco this 4"' day of September, 2012. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debra Clark, City Clerk Leland B. Kerr, City Attorney Exhibit "A" LEGAL DESCRIPTION Commercial /Kahlotus Annexation Beginning at the intersection of the north right -of -way line of SR -12 and the east line of Section 34, Township 9 North, Range 30 East, W.M. said point being the True Point of Beginning; Thence northerly, along the said east line, to the northeast corner of said Section 34; Thence northerly, along the east line of Section 27, Township 9 North, Range 30 East, W.M. to the northeast corner of said Section 27; Thence westerly, along the north line of said Section 27, to the west right -of -way line of Commercial Avenue; Thence northerly, along a line parallel with the east line of the southwest quarter of Section 22, Township 9 North, Range 30 East, W. M. to the north right -of -way line of Pasco - Kahlotus Road; Thence northeasterly, along said north right -of -way line to the east line of southwest quarter of said Section 22; Thence northerly, along said east line, to the intersection of said east line with the southerly line of the parcel of land shown on Record of Survey filed for record in the office of the Franklin County Auditor under Fee Number 448594; Thence along said southerly line and along the westerly line of said parcel of land, to the north line of the southwest quarter of said Section 22; Thence westerly, along the north line of said southwest quarter to the east right -of -way line of Dietrich Road; Thence southerly along said east right -of -way line to the southwest corner of the parcel of land shown on Record of Survey filed for record in the office of the Franklin County Auditor under Fee Number 1598719, said corner being 302.36 feet southerly of the centerline of Commercial Avenue; Thence southerly, in a direct line, to the northwest corner of said Section 27; Thence southerly, along the west line of said Section 27, to the extended northerly right -of -way line of SR- 12; Thence southerly along said right -of -way to the True Point of Beginning. N mm m® Exhibit "B" Commercial /Kahlotus Annexation AnnexA lion Area NOTICE OF INTENTION TO COMMENCE ANNEXATION PROCEDURES TO: The City Council of the City of Pasco 525 North Third Avenue Pasco, Washington 99301 Council Members: The undersigned, who are the owners of not less than ten percent in value, according to the assessed valuation for general taxation of the property for which annexation is sought, hereby advise the City Council of the City of Pasco that it is the desire of the undersigned owners of the following area to commence annexation proceedings. The property herein referred to is described on Exhibit "A" attached hereto and is depicted on Exhibit "B" further attached hereto. It is requested that the City Council of the City of Pasco set a date not later than sixty days after the filing of this request for a meeting with the undersigned to determine: (1) Whether the City Council will accept the proposed annexation; and, (2) Whether the City Council will require the assumption of existing City indebtedness by the area to be annexed; and, (3) Whether the City Council will require simultaneous zoning. This page is one of a group of pages containing identical text material and is intended by the signers of this Notice of Intention to be presented and considered as one Notice of Intention and may be filed with other pages containing additional signatures which cumulatively may be considered as a single Notice of Intention. 1. Please print your name in addition to signing. For Carsson AG LLC, Parcel # 113 -720 -109 NAME ADDRESS DATE Print Si lure For Carsson AG LLC, Parcel # 113 - 710 -093 NAME ADDRESS _ DATEJ Print Signature For Jack B. Carr Testamentary Non - Exempt Trust, Parcel #113 - 740 -177 NAME _ ADDRESS _ AD�TE Print BAKER BOYYR NATIONAL BANK, as Co- Trustee Signature Type /Print Name of Authorized Representative Date 1. Please print your name in addition to signing. NAME ADDRESS DATE 'A:r- % 1135 10(916 Exhibit "A" LEGAL DESCRIPTION Commercial /Kahlotus Annexation Beginning at the intersection of the north right -of -way line of SR -12 and the east line of Section 34, Township 9 North, Range 30 East, W.M. said point being the True Point of Beginning; Thence northerly, along the said east line, to the northeast corner of said Section 34; Thence northerly, along the east line of Section 27, Township 9 North, Range 30 East, W.M. to the northeast corner of said Section 27; Thence westerly, along the north line of said Section 27, to the west right -of -way line of Commercial Avenue; Thence northerly, along a line parallel with the east line of the southwest quarter of Section 22, Township 9 North, Range 30 East, W. M. to the north right -of -way line of Pasco - Kahlotus Road; Thence northeasterly, along said north right -of -way line to the east line of southwest quarter of said Section 22; Thence northerly, along said east line, to the intersection of said east line with the southerly line of the parcel of land shown on Record of Survey filed for record in the office of the Franklin County Auditor under Fee Number 448594; Thence along said southerly line and along the westerly line of said parcel of land, to the north line of the southwest quarter of said Section 22; Thence westerly, along the north line of said southwest quarter to the east right -of -way line of Dietrich Road; Thence southerly along said east right -of -way line to the southwest corner of the parcel of land shown on Record of Survey filed for record in the office of the Franklin County Auditor under Fee Number 1598719, said corner being 302.36 feet southerly of the centerline of Commercial Avenue; Thence southerly, in a direct line, to the northwest corner of said Section 27; Thence southerly, along the west line of said Section 27, to the extended northerly right -of -way line of SR- 12; Thence southerly along said right -of -way to the True Point of Beginning. AGENDA REPORT FOR: City Council August 23, 2012 TO: Gary Crutchfield, City Manager 17t e4wa*y, ,Workshop Mtg.: 8/27/12 Rick Terway, Director, Admin & Services Regular Mtg.: 9/4/12 FROM: Dunyele Mason, Financial Services Manager SUBJECT: Pasco Municipal Code Title 3 Updates I. REFERENCE(S): 1. Proposed Ordinance 2. Proposed Resolution II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 8/27: Discussion 9/4: MOTION: I move to adopt Ordinance No. , authorizing amendment of Pasco Municipal Code Title 3 to remove, add and update various sections relating to definitions of city fund and, further, authorize publication by summary only. MOTION: I move to adopt Resolution No. , authorizing the transfer of fund balances from certain funds, now closed, (Contingency Fund, Bi- Centennial Fund and Landfill Remediation Fund) to the General Fund. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) The city's financial systems, activities and Generally Accepted Accounting Principles (GAAP) definitions have evolved over the last several years. The city has started new activities (e.g. golf course) and has ceased to operate others (such as the Local Narcotics Control Program). GAAP has recently changed the definition of what activities can be placed into certain fund types (e.g. special revenue funds must have an on -going source of special revenue). Financial systems changes have eliminated the need for some funds (i.e. Claims Fund). Some funds benefit from keeping the books as a "fund" level but from budgetary and external reporting purposes make sense to consider as one fund (e.g. each LID issue need not be reported as separate funds for Budget and CAFR purposes; but are useful to keep control over restricted activities for bookkeeping purposes). The recommended changes would provide updated and consistent authority for reporting various city activities. V. DISCUSSION: A) In order to update Pasco Municipal Code Title 3 to reflect current activities, the following changes are necessary for the accounting funds to be reflected in the legal, reportable (Budget and CAFR) funds as indicated below. Also changes are included to specifically identify the flow of funds assumptions by fund in Title 3 to ease administration of GASB 54 new definitions of fund balance restrictions: 1. Remove the following funds by repealing the following PMC Chapters: • PMC 3.48 Claims Fund (Discontinued) • PMC 3.81 Contingency (Discontinued) • PMC 3.114 General Fixed Asset Fund (Does not meet fund definition) • PMC 3.119 Local Narcotics Control Program (Discontinued) • PMC 3.124 Metro Controlled Substance Group Seizure Fund (Discontinued) • PMC 3.128 Bi- Centennial (Discontinued) • PMC 3.129 Pasco Public Facility District (included in Agency) 4(c) 2. Create (Amend) the following funds by adding /amending the following PMC Chapters: • PMC 2.22 Firemen's Pension Fund (Amend): 2.22.070 included in Chapters 3.144 and 3.145 • PMC 3.90 (Amend): Include Home and NSP Programs as well as CDBG. • PMC 3.134 Street Overlay Fund • PMC 3.135 MLK Community Center Fund • PMC 3.136 City View Cemetery Fund • PMC 3.137 Golf Course Fund • PMC 3.138 Multi Modal Fund • PMC 3.139 Special Assessment Lodging Fund • PMC 3.140 Litter Abatement Fund • PMC 3.141 LID Debt Service Fund • PMC 3.142 Voted Debt Service Fund • PMC 3.143 Cemetery Endowment Fund • PMC 3.144 Old Fire Pension (OPEB) Fund • PMC 3.145 Old Fire Pension Fund • PMC 3.146 Agency Fund 3. GAAP has defined fund balances to be split into the following types: • Nonspendable — not cash in form • Restricted — restricted by external requirements • Committed — council action to spend (separate from budget action) • Assigned — city manager or budget action for specific purpose • Unassigned — amounts available for any purpose Authorize the transfer of fund balances as of January 1, 2012 for funds that are closing as follows: Transfer $172,826 from Contingency Fund to General Fund as Unassigned. Transfer $6,264 from the Bi- Centennial Fund to General Fund as Restricted. Transfer $401,091 from Landfill Remediation Fund to General Fund as Committed. B) Staff recommends approval of the proposed Ordinance and Resolution. ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington, Updating Title 3 "Revenue and Finance" by Repealing Chapter 3.48 "Claims Fund ", Chapter 3.81 "Contingency Fund ", Chapter 3.114 "General Fixed Asset Fund ", Chapter 3.119 "Local Narcotics Control Program Fund ", Chapter 3.124 "Metropolitan Controlled Substances Group Seizure Fund ", Chapter 3.128 "Bi- Centennial Fund ", Chapter 3.129 "Public Facilities District Fund ", and Section 2.22.070 "Fund Established "; Enacting Chapter 3.134 "Street Overlay Fund ", 3.135 "Martin Luther King Community Center Fund ", Chapter 3.136 "City View Cemetery Fund ", Chapter 3.137 "Golf Course Fund ", Chapter 3.138 "Multi Modal Fund ", Chapter 3.139 "Special Assessment Lodging Fund ", Chapter 3.140 "Litter Abatement Fund ", Chapter 3.141 "LID Debt Service Fund ", Chapter 3.142 "Voted Debt Service Fund ", Chapter 3.143 "Cemetery Endowment Fund ", Chapter 3.144 "Old Fire Pension Fund (OPEB) ", Chapter 3.145 "Old Fire Pension Fund "; and Chapter 3.146 "Agency Fund "; and Amending Chapter 3.90 "Community Development Block Grant Trust Fund." WHEREAS, the City's financial systems, activities and Generally Accepted Accounting Principles (GAAP) definitions have evolved over the last several years; and WHEREAS, the City has began new activities and ceased to engage in other activities which would require some funds to be closed and others opened resulting in a needed update to the Chapters contained in Title 3 of the Pasco Municipal Code; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Chapter 3.48 entitled "Claims Fund" of the Pasco Municipal Code shall be and hereby is repealed in its entirety. Section 2. That Chapter 3.81 entitled "Contingency Fund" of the Pasco Municipal Code shall be and hereby is repealed in its entirety. Section 3. That Chapter 3.114 entitled "General Fixed Asset Fund" of the Pasco Municipal Code shall be and hereby is repealed in its entirety. Section 4. That Chapter 3.119 entitled "Local Narcotics Control Program Fund" of the Pasco Municipal Code shall be and hereby is repealed in its entirety. Ordinance Amending Title 3 - I Section 5. That Chapter 3.124 entitled "Metropolitan Controlled Substances Group Seizure Fund" of the Pasco Municipal Code, shall be and hereby is repealed in its entirety. Section 6. That Chapter 3.128 entitled "Bi- Centennial Fund" of the Pasco Municipal Code, shall be and hereby is repealed in its entirety. Section 7. That Chapter 3.129 entitled "Public Facilities District Fund" of the Pasco Municipal Code, shall be and hereby is repealed in its entirety. Section 8. That Section 2.22.070 entitled "Fund Established" of the Pasco Municipal Code relating to the Fireman's Pension System, shall be and hereby is repealed in its entirety. Section 9. That a new Chapter 3.134 entitled "Street Overlay Fund" of the Pasco Municipal Code, shall be and hereby is created as shall read as follows: CHAPTER 3.134 STREET OVERLAY FUND Sections: 3.134.010 FUND CREATED/USE, 3.134.010 FUND CREATED/USE. A fund, to be known as the "Street Overlay Fund," is hereby created for the purpose of accounting for funds received, disbursed or expended in conjunction with the City Street Overlay Program. The purpose of this fund is to preserve the city's investment in streets by regularly resurfacing existing city streets to extend their useful lives and thereby avoid more costly street rehabilitation programs. Revenues for this fund are generated through a council approved allocation of external business utility taxes and interfund utility taxes. Expenditures are for costs of street resurfacing activities. The flow of funds assumption is that restricted revenues are spent on a specific identification basis. Section 10. That a new Chapter 3.315 entitled "Martin Luther King Community Center Fund" of the Pasco Municipal Code, shall be and hereby is created and shall read as follows: CHAPTER 3.135 MARTIN LUTHER KING COMMUNITY CENTER FUND Sections: 3.135.010 FUND CREATED /USE. 3.135.010 FUND CREATED/USE. A fund, to be known as the "Martin Luther King Center Fund," is hereby created for the purpose of accounting for funds received, disbursed or expended in conjunction with the Martin Luther King Community Center. Revenues typically come from rentals, grants, and transfers from the general fund. Expenditures are used to maintain the facility and the programs operating therein. The flow of funds assumption is that restricted revenues are spent on a specific identification basis. Ordinance Amending Title 3 - 2 Section 11. That a new Chapter 3.136 entitled "City View Cemetery Fund" of the Pasco Municipal Code, shall be and hereby is created and shall read as follows: CHAPTER 3.136 CITY VIEW CEMETERY FUND Sections: 3.136.010 FUND CREATEDIUSE. 3.136.010 FUND CREATED/USE. A fund, to be known as the "City View Cemetery Fund," is hereby created for the purpose of accounting for funds received, disbursed or expended in conjunction with the City View Cemetery facility. Revenues are generated through fees and charges. Expenditures are for the cost of operating the facility and purchasing items for resale. The flow of funds assumption is that restricted revenues are spent on a specific identification basis. Section 12. That a new Chapter 3.137 entitled "Golf Course Fund" of the Pasco Municipal Code, shall be and hereby is created and shall read as follows: CHAPTER 3.137 GOLF COURSE FUND Sections: 3.137.010 FUND CREATED/USE. 3.137.010 FUND CREATED/USE. A fund, to be known as the "Golf Course Fund," is hereby created for the purpose of accounting for funds received, disbursed or expended in conjunction with the Sun Willows Golf Course. The flow of funds assumption is that restricted revenues are spent on a specific identification basis.. Section 13. That a new Chapter 3.138 entitled "Multi Modal Fund" of the Pasco Municipal Code shall be and hereby is created and shall read as follows: CHAPTER 3.138 MULTI MODAL FUND Sections: 3.138.010 FUND CREATED/USE. 3.138.010 FUND CREATED /USE. A fund, to be known as the "Multi Modal Fund," is hereby created for the purpose of accounting for the funds received, disbursed or expended in conjunction with the Multi Modal Facility. The flow of funds assumption is that restricted revenues are spent on a specific identification basis. Ordinance Amending Title 3 - 3 Section 14. That a new Chapter 3.139 entitled "Special Assessment Fund" of the Pasco Municipal Code shall be and hereby is created and shall read as follows: CHAPTER 3.139 SPECIAL ASSESSMENT LODGING FUND Sections: 3.139.010 FUND CREATED/USE. 3.139.010 FUND CREATED/USE. A fund, to be known as the "Special Assessment Lodging Fund," is hereby created for the purpose of accounting funds received, disbursed or expended in conjunction with special assessment lodging and related revenues. The flow of funds assumption is that restricted revenues are spent on a specific identification basis. Section 15. That a new Chapter 3.140 entitled "Litter Abatement Fund" of the Pasco Municipal Code shall be and hereby is created and shall read as follows: CHAPTER 3.140 LITTER ABATEMENT FUND Sections: 3.140.010 FUND CREATED/USE. 3.140.010 FUND CREATED/USE. A fund, to be known as the "Litter Abatement Fund," is hereby created for the purpose of accounting for Litter funds received, disbursed or expended in conjunction with carrying out this program. The flow of funds assumption is that restricted revenues are spent on a specific identification basis. Section 16. That a new Chapter 3.141 entitled "LID Debt Service Fund of the Pasco Municipal Code shall be and hereby is created and shall read as follows: CHAPTER 3.141 LID DEBT SERVICE FUND Sections: 3.141.010 FUND CREATED/USE 3.141.010 FUND CREATED/USE. A fund, to be known as the "LID Debt Service Fund," is hereby created for the purpose of accounting for LID assessments, payments of debt service and reserves. The flow of funds assumption is that restricted revenues are spent on a specific identification basis. Section 17. That a new Chapter 3.142 entitled "Voted Debt Service Fund" of the Pasco Municipal Code shall be and hereby is created and shall read as follows: Ordinance Amending Title 3 - 4 CHAPTER 3.142 VOTED DEBT SERVICE FUND Sections: 3.142.010 FUND CREATEDIUSE. 3.142.010 FUND CREATED/USE. A fund, to be known as the "Voted Debt Fund," is hereby created for the purpose of accounting for resources from property taxes, debt service payments on debt incurred through voter approval and other related resources and disbursements. The flow of funds assumption is that restricted revenues are spent on a specific identification basis. Section 18. That a new Chapter 3.143 entitled "Cemetery Endowment Fund" of the Pasco Municipal Code shall be and hereby is created and shall read as follows: CHAPTER 3.143 CEMETERY ENDOWMENT FUND Sections: 3.143.010 FUND CREATEDIUSE. 3.143.010 FUND CREATED/USE. A fund, to be known as the "Cemetery Endowment Fund," is hereby created for the purpose of accounting for charges and resources, permanently set aside. The interest on those resources is available for spending to maintain the cemetery. The flow of funds assumption is that restricted revenues are spent on a specific identification basis. Section 19. That a new Chapter 3.144 entitled "Old Fire Pension Fund - Other Post Employment Benefits (OPEB)" of the Pasco Municipal Code shall be and hereby is created and shall read as follows: CHAPTER 3.144 OLD FIRE PENSION FUND -OTHER POST EMPLOYMENT BENEFITS (OPEB) Sections: 3.144.010 FUND CREATED/USE. 3.144.010 FUND CREATEDIUSE. A fund, to be known as the "Old Fire Pension Fund -Other Post Employment Benefits (OPEB)," is hereby created for the purpose of accounting for resources earned or set aside to pay for other post - employment benefit expenses for members of the Old Fire Pension system as well as other associated disbursements. The flow of funds assumption is that restricted revenues are spent on a specific identification basis. Section 20. That a new Chapter 3.145 entitled "Old Fire Pension Fund" of the Pasco Municipal Code shall be and hereby is created and shall read as follows: Ordinance Amending Title 3 - 5 CHAPTER 3.145 OLD FIRE PENSION FUND Sections: 3.145.010 FUND CREATED/USE. 3.145.010 FUND CREATED/USE. A fund, to be known as the "Old Fire Pension Fund," is hereby created for the purpose of accounting for resources earned or set aside to pay for pension benefit expenses and other related costs for members of the Old Fire Pension system. The flow of funds assumption is that restricted revenues are spent on a specific identification basis. Section 21. That a new Chapter 3.146 entitled "Agency Fund" of the Pasco Municipal Code shall be and hereby is created and shall read as follows: CHAPTER 3.146 AGENCY FUND Sections: 3.146.010 FUND CREATEDIUSE. 3.146.010 FUND CREATED/USE. A fund, to be known as the "Agency Fund," is hereby created for the purpose of accounting for resources received that do not belong to the city, but which are held in agency by the city on behalf of others. Section 22. That Chapter 3.90 entitled "Community Development Block Grant Trust Fund" of the Pasco Municipal Code shall be and hereby is amended to read as follows: CHAPTER 3.90 COMMUNITY DEVELOPMENT BLOC GRANTS TRUST FUND Sections: 3.90.010 CREATED. 3.90.020 PURPOSE. 3.90.030 EXPENDITURES. 3.90.010 CREATED. A fund of the City is established which shall be known as the "Community Development 131eek Grants 4 rest Fund." (Ord. 17473 Sec. 1, 1976.) 3.90.020 PURPOSE. The fund is to provide for the proper receipting and disbursement of grant moneys as set forth by the Department of Housing and Community Development (H.U.D.) and other granting agencies and which are administered by the Community and Economic Development Division. (Ord. 1773 Sect. 2, 1976.) 3.90.030 EXPENDITURES. Expenditures may be made from the Community Development bleek Grants trust Fund by transfer or check to pay claims as may be authorized by Ordinance Amending Title 3 - 6 the City Manager and are approved by the City Council, and are in accordance with grantor requirements. The flow of funds assumption is that the use of funds is specifically identified by individual grant. (Ord. 3557 Sec. 58, 2002; Ord. 1773 Sec. 3, 1976.) Section 23. All other Chapters of Title 3 "Revenue and Finance" not specifically repealed nor amended above, shall remain in full force and effect. Section 24. This Ordinance shall take full force and effect five (5) days after its approval, 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 2012. Matt Watkins, Mayor ATTEST: Debbie Clark, City Clerk Ordinance Amending Title 3 - 7 APPROVED AS TO FORM: Leland B. Kerr, City Attorney RESOLUTION NO. A RESOLUTION AUTHORIZING THE TRANSFER OF FUND BALANCES FROM CERTAIN FUNDS NOW CLOSED, (CONTINGENCY FUND, BI- CENTENNIAL FUND AND LANDFILL REMEDIATION FUND) TO THE GENERAL FUND. WHEREAS, the City Council of the City of Pasco has taken action to close the Contingency, Bi- Centennial and Landfill Remediation funds and fund balances exist in those funds, NOW, THEREFORE, THE CITY OF PASCO, WASHINGTON HEREBY RESOLVES AS FOLLOWS: 1. The Financial Services Manager of the City of Pasco is hereby authorized and directed to make the following interfund transfers effective January 1, 2012 as follows: (A) Transfer $172,826 from Contingency Fund to General Fund as Unassigned. (B) Transfer $6,264 from the Bi- Centennial Fund to General Fund as Restricted. (C) Transfer $401,091 from Landfill Remediation Fund to General Fund as Committed. PASSED by the City Council of the City of Pasco, Washington, this 4h day of September 2012. SIGNED in authentication of its passage this 0 day of September 2012. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debra Clark, City Clerk Leland B. Kerr, City Attorney AGENDA REPORT FOR: City Council TO: Gary Crutchfi anager FROM: Stan Strebel, D, puty rty ManauLy�� SUBJECT: Street Closure Requests I. REFERENCE(S): August 13, 2012 Workshop Mtg.: 8/27/12 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 8/27: Discussion — Provide Direction to Staff III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) The City adopted a formal process for review and approval of Special Event permits in 2001. The purpose statement included within the regulations concludes "...for the purpose of regulating those events, which are intended to draw large numbers of people, involve the use of public facilities and to establish a fee required to defray the costs of assuring the public health and safety." B) Special Event applications are often accompanied by requests for temporary street closures in order to accommodate the event. Requests for events range from multi -day community -wide festivals to fairly limited duration block or private parties. C) The Manual on Uniform Traffic Control Devices ( MUTCD) is the standard for traffic control signage, markings, barricades, etc., and provides specific detail on acceptable barricades and methods for temporary street closures. Requiring compliance with MUTCD standards for such closures is an important part in accident prevention and risk management. While large, well - organized events typically have greater resources to access necessary personnel and equipment for proper temporary closures, this becomes more of a challenge for smaller, informal or private groups where a lack of funding, time and experience may contribute to substandard closure methods. Further, because of potential for accidents or liability claims associated with temporary traffic control situations, the issues of indemnification and insurance must be considered. Given Council's decision to opt for a high dollar deductible under the City's WCIA liability pool participation, it becomes even more important to carefully manage the potential risk associated with temporary street closures for special events. D) Staff request Council's direction with respect to street closure for special events so that a clear written policy can be adopted. Some possible policy options, together with plausible cost, administration and public perception implications are as follows: 1. Accept and process all applications for street closures under uniform requirements, including insurance, MUTCD compliance, with applicant to bear all costs. Implementation: simplifies review process and minimizes risk to City. Avoids questions or the "reasonableness" of closure applications, as long as requirements are met. 4(d) 2. Pre- screen applications for street closure under a "public need" or "public interest' criteria. Deny narrow interest applications which do not meet criteria. Regulate approved applications for closure under uniform requirements, etc. (as above). Implementation: tends to reduce the number of applications that are formally considered. Requires a "decision maker" to apply the criteria. Minimizes accident risk to City; could give rise to claims /issues with respect to screening decision. 3. Process applications for street closures based on size /length/complexity (i.e., potential risk — a dead end street is less risk to close than main street). Apply insurance and technical standards, which can vary, depending on complexity of closure, traffic volumes, etc. Implementation: requires more specific criteria to determine potential risk. Most likely more administration oversight and cost. This approach may seem more flexible to applicants of smaller events. E) Finally, Council may want to consider that the City has (in the past) sponsored or partnered in many events, providing time and equipment, in varying degrees, to effect closure. A policy to outline future City involvement may be appropriate. Some applicants have requested street closure for limited private purposes (i.e,, birthday parties); it seems that both "why" and "how" are appropriate questions to address in policy. AGENDA REPORT NO. 13 FOR: City Council August 21, 2012 TO: Gary Crutchfield, City Manager �� FROM: Ahmad Qayoumi, Public Works Director— Workshop Mtg.: 08/27/12 Regular Mtg.: 09/03/12 SUBJECT: Mini - Master Plan I. REFERENCE(S): 1. Professional Services Agreement II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 8/27: Discussion 9/03: MOTION: I move to approve the Professional Services Agreement with Kittelson & Associates, Inc., authorizing professional services with respect to the Mini - Master Plan, not to exceed $19,972.97 and further, authorize the Mayor to sign the agreement. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) Staff has been gathering data for existing inventory of the City's signal infrastructure. The inventory determined that the City has 50 traffic signals with 41 of the signals with over 20 to 40 year old controllers. The technology is outdated and they cannot be repaired in the event they are broken. B) The controllers have been requiring constant repair due to age. During the past few weeks' thunder storms, we lost a number of signals which created a flood of complaints. The traffic signal technology has progressed to be more traffic responsive to improve flow and capacity. C) It is Staffs goal to outline the needed improvements to accomplish the following: a. Update to improved controllers. The old controllers are technologically obsolete and cannot be repaired. Other local cities and cities nationally are converging to 2070 type controllers that are advanced and have been tested and proven. This is the type of controller in use at Argent and Saraceno, the Columbia Basin College entrances. b. Outline improvements to the signal head and pedestrian signal heads. c. Communication between signals that are key to improve traffic flow in a corridor (i.e. Rd. 68). d. Ability to count traffic to remotely check the status of an intersection performance or signal timing. e. Traffic monitoring center to help Staff and Police Department. V. DISCUSSION: A) Staff negotiated scope of work and budget with Kittelson & Associates, Inc., for the amount of $19,972.97. The scope of work will include tasks such as a review of inventory and condition of existing signal systems, communication options, and upgrade implementation development. C) Staff recommends award of a Professional Services Agreement to Kittelson & Associates, Inc. 4(e) PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into between the City of Pasco, hereinafter referred to as the "City ", and Kittelson & Associates, Inc. hereinafter referred to as the "Consultant ". WHEREAS, the City desires to engage the professional services and assistance of a consulting firm to provide engineering and consulting services with respect to the Mini - Master Plan. NOW, THEREFORE, in consideration of mutual benefits accruing, it is agreed by and between the parties hereto as follows: 1. Scope of work. The scope of work shall include all services and material necessary to accomplish the above mentioned objectives in accordance with Exhibit A. 2. Ownership and use of documents. All research, tests, surveys, preliminary data and any and all other work product prepared or gathered by the Consultant in preparation for the services rendered by the Consultant shall not be considered public records, provided, however, that: A. All final reports, presentations and testimony prepared by the Consultant shall become the property of the City upon their presentation to and acceptance by the City and shall at that date become public records. B. The City shall have the right, upon reasonable request, to inspect, review and, subject to the approval of the Consultant, copy any work product. C. In the event that the Consultant shall default on this Agreement, or in the event that this contract shall be terminated prior to its completion as herein provided, the work product of the Consultant, along with a summary of work done to date of default or termination, shall become the property of the City and tender of the work product and summary shall be a prerequisite to final payment under this contract. The summary of work done shall be prepared at no additional cost, if the contract is terminated through default by the contractor. If the contract is terminated through convenience by the City, the City agrees to pay contractor for the preparation of the summary of work done. 3. Payments. The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the work. A. Payment for work accomplished under the terms of this Agreement shall be on a time and material basis as set forth on the fee schedule found in Exhibit A, provided, in no event shall the payment for all work performed pursuant to this Agreement exceed the sum of $19,972.97 without approval from the City. B. All vouchers shall be submitted by the Consultant to the City for payment pursuant to the terms of this Agreement. The City shall pay the appropriate amount for each voucher to the Consultant. The Consultant may submit vouchers to the City monthly during the progress of the work for payment of completed phases of the project. Billings shall be reviewed in conjunction with the City's warrant process. C. The costs records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City for a period of three (3) years after final payment. Copies shall be made available upon request. 4. Time of performance. The Consultant shall perform the work authorized by this Agreement promptly and by February 28, 2013. 5. Hold harmless agreement. In performing the work under this contract, the Consultant agrees to defend the City, their officers, agents, servants and employees (hereinafter individually and collectively referred to as "Indemnitees "), from all suits, claims, demands, actions or proceedings, and to the extent permissible by law, indemnify and hold harmless the Indemnitees from: A. All damages or liability of any character including in part costs, expenses and attorney fees, based upon, any negligent act, error, or omission of Consultant or any person or organization for whom the Consultant may be responsible, and arising out of the performance of professional services under this Agreement; and B. All liability, loss, damage, claims, demands, costs and expenses of whatsoever nature, including in part, court costs and attorney fees, based upon, or alleged to be based upon, any act, omission, or occurrence of the Consultant or any person or organization for whom the Consultant may be responsible, arising out of, in connection with, resulting from or caused by the performance or failure of performance of any work or services under this Agreement, or from conditions created by the Consultant performance or non - performance of said work or service. 6. General and professional liability insurance. The Consultant shall secure and maintain in full force and effect during performance of all work pursuant to this contract a policy of comprehensive general liability insurance providing coverage of at least $500,000 per occurrence and $1,000,000 aggregate for personal injury; $500,000 per occurrence and aggregate for property damage; and professional liability insurance in the amount of $1,000,000. Such general liability policies shall name the City as an additional insured and shall include a provision prohibiting cancellation of said policy, except upon thirty (30) days written notice to the City. The City shall be named as the certificate holder on the general liability insurance. Certificates of coverage shall be delivered to the City within fifteen (15) days of execution of this Agreement. 7. Discrimination prohibited. Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, age, sex, national origin or physical handicap. 8. Consultant is an independent contractor. The parties intend that an independent contractor relationship will be created by this Agreement. No agent, employee or representative of the Consultant shall be deemed to be an agent, employee or representative of the City for any purpose. Consultant shall be solely responsible for all acts of its agents, employees, representatives and subcontractor during the performance of this contract. 9. City .approval. Notwithstanding the Consultant's status as an independent contractor, results of the work performed pursuant to this contract must meet the approval of the City. 10. Termination. This being an Agreement for professional services, either party may terminate this Agreement for any reason upon giving the other party written notice of such termination no fewer than ten (10) days in advance of the effective date of said termination. 11. Integration. The Agreement between the parties shall consist of this document and the Consultant's proposal attached hereto. These writings constitute the entire Agreement of the parties and shall not be amended except by a writing executed by both parties. In the event of any conflict between this written Agreement and any provision of Exhibit A this Agreement shall control. 12. Non - waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 13. Non - assignable. The services to be provided by the contractor shall not be assigned or subcontracted without the express written consent of the City. 14. Covenant against contingent fees. The Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award of making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 15. General Provisions. For the purpose of this Agreement, time is of the essence. Should any dispute arise concerning the enforcement, breach or interpretation of this Agreement, venue shall be placed in Franklin County, Washington, the laws of the State of Washington shall apply, and the prevailing parties shall be entitled to its reasonable attorney fees and costs. 16. Notices, Notices to the City of Pasco shall be sent to the following address: City of Pasco P. O. Box 293 Pasco, WA 99301 Notices to the Consultant shall be sent to the following address: Kittelson & Associates, Inc. 610 SW Alder Street, Suite 700 Portland, OR 97205 Receipt of any notice shall be deemed effective three (3) days after deposit of written notice in the U. S. mails, with proper postage and properly addressed. CITY OF PASC.O Matt Watkins, Mayor ATTEST Debbie Clark, City Clerk DAY OF 2012 CONSULTANT Chris Brehmer, Principal Engineer APPROVED AS TO FORM Leland B. Kerr, City Attorney Exhibit A Scope for City of Pasco Signal & Communication Concept Plan ( "Mini- Master Plan ") Project Tasks: ® Review and comment on the existing conditions inventory /summary completed by City of Pasco Staff. • Identify signal systems (hardware, software, communications) in use by neighboring agencies to evaluate their experiences and potential for cross - jurisdictlon communication or resource sharing. • WSDOT South Central Region • Cities of Kennewick & Richland • Identify up to two options for signal hardware /software, assess pros and cons of each option and provide a summary in tabular format to the City. • Participate in a conference call with City staff to discuss the signal hardware /software options. A recommendation will be identified based on the outcome of the conference call. • Summarize communication options, including benefits and planning level costs, for communications between traffic signals and to the traffic management center (TMC). This task will focus on connections and mediums, not on specifics of sizing and exact equipment locations. Refer to the contingency task for preliminary, design -level communications plan, if desired. The following options will be reviewed: o Peer -to -Peer corridor communications: identify up to two options for peer -to -peer interconnect between signal controllers on each key corridor. The options are assumed to include wireless and wired (copper or fiber). o Local to TMC: Identify up to three options for communication systems from the corridors /signals back to the TMC. It is assumed the options will be (1) fiber backhaul, copper local communications with Ethernet switches to local, vs. (2) wireless central to hub to local, or (3) a hybrid of the wireless, copper, and fiber. Develop a concept -level implementation plan for upgrades and locations; along with planning - level cost estimates & features summary for preferred signal hardware /software and communications. • Summarize typical anticipated City staffing needs depending on the signal and communication system selected. Meet with City of Pasco staff in Portland to review the draft implementation plan elements (assumes one meeting in Portland). • Provide guidance and mark ups to City to support City -led mapping/graphics illustrating concept level communications options (up to 6 hours of support assumed). • Prepare a PowerPoint presentation summarizing the signal & communication concept plan suitable for City Council use, outlining costs /benefits and options, as well as staff recommendation, and next steps. • Prepare for and attend a meeting in Pasco with City staff and support or lead a technical summary presentation to the City Council. On the same day, complete a site visit to review recommendations and implementation plan on the ground. Contingency Tasks (Cost to be determined as needed): • Summarize and provide recommendation between up to 3 candidate signal software /hardware traffic signal systems. This option should only be necessary if particular features desired by the City are not available in their current traffic signal system or if the controller options being evaluated do not include a central system that fully meets the potential needs of the City. • Develop a formal communication infrastructure concept. This would include an architecture plan, concept communication design /routing plan to each major corridor, as well as communication elements necessary to connect to the central signal office station and other locations (such as the police) that may need a TMC terminal. This will require interactions with City Information Technology and potentially other service providers in Pasco. • Development of a long -range Intelligent Transportation Systems (ITS) plan. This would include a planning level review of potential locations for ITS devices such as variable message signs, pan- tilt -zoom (PTZ) surveillance cameras, speed and travel time monitoring, etc. Deliverable Options (* indicates recommended deliverables assumed in above scope): *One Meeting in Portland — $1,200 *One Meeting in Pasco (2 KAI staff) — $4,000 Maps /Graphics — City to lead, KAI will provide guidance and red -line markups *PowerPoint summary with maps /graphics (suitable for council) — $2,000 Summary technical memorandum (draft and final) - $4,000 Project Budget Form Profeat Number: 12839 Project Name: Paaw Signal Mal Plan Project Manager: SMQ Date: 8/232012 LABOR ESTIMATE Rata rocks, 2012 Reimbursables Multiplier 1.00 Consultant Multiplier'. 1.00 aview 2 2 4 8 $1,064 wmm 2 2 $266 t plan 4 10 1 70 25 $3,31$ t plan B 10 8 24 53,504 PDX q q 3 11 $1,519 Olen 1 2 A 7 $888 rkups 2 4 5 $672 ryoinl q 6 6 18 $2,456 e visit 10 12 22 $3,551 6 1.5 $80 2 $391 3 $585 HOURS 35 55 2 t.5 3] 1245 $16,372 Task Description us • •�n a Explanation am a i Units n 1 Communication fee 124.5 Staff R Rinsm. aeon M M c cnnsroona c cannsv e euw. rnm. � ion n site vlelt& meeting in Pasco from PDX TARN T TASK $21930 fir a am c clb o o r ran k ka H $30600 Signal hardware/wRware recommend 8 implem Perking 2 $15.00 day $30.00 5 Airfare Communications recommend & Implem $300.00 person 6 Lodging Maebng wim Pasco staff in person 7 Meals 1 meals for W. $50.00 day City staffing e Tube Counts $950.00 total 9 Graphic ma $200.00 intaraection 10 OVDe Prepare summary pawn $15.00 Intersection 11 Reports $30.00 Pasco Trip. meeting with slay, council, site 12 Accounting Senior Review prolecl Management TOTAL HO LABORRATE 5145.74 $13284 5788.86 $63.36 $101.68 $123.87 58050,90 $7,308.20 $373.12 $80.03 E3.76L42 LABOR ESTIMATE Task Description Quantlt Explanation Unit Coat Units COST 1 Communication fee 124.5 Existing conditions r $8,00 KAI hour 5996.00 2 Mlleaga 430 site vlelt& meeting in Pasco from PDX $D510 Outreach on signals and $21930 3 Mlleege 600 site visit& meeting In Pasco from B01 $0.510 mile $30600 Signal hardware/wRware recommend 8 implem Perking 2 $15.00 day $30.00 5 Airfare Communications recommend & Implem $300.00 person 6 Lodging Maebng wim Pasco staff in person 7 Meals 1 meals for W. $50.00 day City staffing e Tube Counts $950.00 total 9 Graphic ma $200.00 intaraection 10 OVDe Prepare summary pawn $15.00 Intersection 11 Reports $30.00 Pasco Trip. meeting with slay, council, site 12 Accounting Senior Review prolecl Management TOTAL HO LABORRATE 5145.74 $13284 5788.86 $63.36 $101.68 $123.87 58050,90 $7,308.20 $373.12 $80.03 E3.76L42 LABOR ESTIMATE REIMBURSABLE$ ESTIMATE Item Description Quantlt Explanation Unit Coat Units COST 1 Communication fee 124.5 $8,00 KAI hour 5996.00 2 Mlleaga 430 site vlelt& meeting in Pasco from PDX $D510 mils $21930 3 Mlleege 600 site visit& meeting In Pasco from B01 $0.510 mile $30600 4 Perking 2 $15.00 day $30.00 5 Airfare $300.00 person 6 Lodging $125.00 person 7 Meals 1 meals for W. $50.00 day $50.00 e Tube Counts $950.00 total 9 Traffic counts (2- person)' $200.00 intaraection 10 OVDe $15.00 Intersection 11 Reports $30.00 12 13 especially f me site Is not low[. 1,601.30