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HomeMy WebLinkAbout2006.01.30 Council Workshop Packet AGENDA PASCO CITY COUNCIL Workshop Meeting 7:00 p.m. January 30,2006 1. CALL TO ORDER 2. VERBAL REPORTS FROM COUNCILMEMBERS: 3. ITEMS FOR DISCUSSION: (a) 2006 Professional Services Agreement with the Pasco Downtown Development Association (PDDA): 1. Agenda Report from Richard J. Smith, Community & Economic Development Director dated January 26, 2006. 2. Professional Services Agreement. (b) Landscaping Regulations Code Amendment(MF#04-45-CA): 1. Agenda Report from David I. McDonald,City Planner dated January 24, 2006. 2. Proposed Ordinance. 3. Memo to the Planning Commission: dated 11117/05. 4. Planning Commission Minutes: dated 10/20/05 & 11/17/05. (Note: Items 3 and 4 are in Council packets only; copies available in Planning Office for public review.) (c) Street Light Installations: 1. Agenda Report from Robert J. Alberts, Public Works Director dated January 19, 2006. 2. Lighting Status Map. 3. Exhibit A-Street Light Responses. (d) Clarification to Business License Maximum Annual Fee: 1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated January 25, 2006, 2. PMC References. 3. Proposed Ordinance. (e) Replacement of the GEMS Utility Billing System: 1. Agenda Report from Jim Chase, Finance Manager dated January 23, 2006. 2. Memorandum from Finance Manager to City Manager dated 1/23/06. 3. Letter from Finance Manager to Government E-Management Solutions (GEMS) dated 1113106. 4. Proposal from DataNOW, LLC for their Utility Billing Program. 4. OTHER ITEMS FOR DISCUSSION: (a) (h) (c) 5. EXECUTIVE SESSION: (a) (h) (c) 6. ADJOURNMENT. Reminders: L 7:00 p.m., Tuesday, January 31, Red Lion, Olympia - Washington State Good Roads & Transportation Association Membership Meeting. (COUNCILMEMBER BOB HOFFMANN) 2. 11:30 a.m., Wednesday, February 1, 1408 N. 20ffi Avenue, Suite C-Grand Re-Opening Celebration State Farm Insurance - Scott Nowicki Agency. (MAYOR JOYCE OLSON) (ALL COUNCILMEMBERS INVITED TO ATTEND) 3. 12:00 p.m., Wednesday, February 1, 1135 E. Hillsboro Street, #B - Franklin County Mosquito Control District Board Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; JOE JACKSON, Alt.) 4. 5:30 p.m., Thursday, February 2, Parks & Rec. Classroom - Parks & Recreation Advisory Council Meeting. (COUNCILMEMBER REBECCA FRANCIK, Rep.; MIKE GARRISON, Alt.) AGENDA REPORT NO. 7 FOR: City Council Date: January 26, 2006 TO: Gary Crutchfi Manager Workshop: 1/30/06 Regular: 2/6/06 FROM: Richard J. Smith, Director Community & Economic Development SUBJECT: 2006 Professional Services Agreement PSA with the Pasco Downtown Development Association (PDDA) I. REFERENCE(S): A. Professional Services Agreement II. ACTION REQUESTED OF COUNCIL STAFF RECOMMENDATIONS: 1/30/06 WORKSHOP: DISCUSSION 2/6/06 REGULAR: MOTION: I move to approve the Revised 2006 Agreement with the Pasco Downtown Development Association to provide professional services and authorize the City Manager to sign the agreement. 111. FISCAL IMPACT $30;000 IV. HISTORY AND FACTS BRIEF: A. In 2005, the City entered into a professional services contract with the PDDA for annual funding in the amount of $30,000 to help them defray costs associated with such activities as marketing the downtown, operating the Farmer's Market, sponsoring the annual Fiery Food Festival, assisting with the formation of a BID, and soliciting participation in the facade improvement program. B. Under the terms of the 2005 Agreement, the PDDA continued efforts to enroll downtown business/property owners as dues paying members and was to take the lead in developing a petition to form a BID. These activities are ongoing. C. On December 19, 2005, the City Council approved the 2006 Agreement with the PDDA. The Council also decided that a Council Committee should meet with the PDDA Board to ensure there was a mutual understanding of the objectives contained in the 2006 Agreement. V. DISCUSSION: A. On January 19, 2006, the Council Committee met with the PDDA Board. There was a feeling that Objective A needed to be modified to clarify which businesses would count toward the goal of enrolling 25% of licensed businesses in the PDDA. The PDDA was seeking to count the 18 businesses which utilize the Commercial Kitchen as members. The intent of Objective A, however, is to encourage the PDDA to bring the existing and largely Hispanic businesses in the downtown into the organization. B. The PDDA Executive Director has circulated the revised Agreement to the Board. The language is acceptable to them. 3(a) PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF PASCO AND PASCO DOWNTOWN DEVELOPMENT ASSOCIATION FOR 2006 An Agreement by which the Pasco Downtown Development Association (PDDA), a non-profit Washington ,State corporation (hereinafter called "ASSOCIATION"), agrees to provide professional services to the City of Pasco, a municipal corporation of the State of Washington (hereinafter called "CITY'), for the stated consideration and in accordance with the terms and conditions provided herein and setting forth the rights and responsibilities for the parties. WHEREAS, the ASSOCIATION is a private, non-profit corporation, established to promote downtown business and property development through a balanced and comprehensive process that includes organization, promotion, design, and economic restructuring; and WHEREAS, the CITY desires to promote and sustain the economic development of the downtown businesses for the benefit of the CITY'S residents; and WHEREAS, the CITY has a continuing need for additional assistance in planning and implementation of a comprehensive downtown revitalization program and related improvements; and WHEREAS, the CITY desires to provide for the protection of the health, safety, and general welfare of the CITY'S residents and visitors; IT IS AGREED AS FOLLOWS: Section 1. The Association will accomplish the following specific objectives during the term of this Agreement. A. By September 1, 2006, enroll not less than 25% of business properties in the PDDA area as dues paying PDDA members. if either the business owner or the property owner enrolls as a PDDA member, the property shall be counted toward the 25% goal. Progress reports identifying the current members, new members and net increase/decrease in members shall be provided to the City in accord with the schedule identified in Paragraph E below. Said Progress reports shall include a list of all property addresses within the downtown and the date, contact person and outcome of attempts to enroll the business and/or property owner in the PDDA. Page 1 of 2 B. In accordance with the schedule identified in Paragraph E below, provide a list of all contacts and the outcomes of PDDA efforts to help property owners sell or rent downtown properties. C. With City technical assistance, take the lead in developing a petition to form a downtown Business Improvement District (BID). A petition should be submitted to the City by not later than April 1, 2006. D. With City technical assistance, continue to publicize the availability of City financial assistance and assist business/property owners who desire to improve the facades of their buildings. All fagade improvement assistance program funds should be committed by July 1, 2006. E. Provide the City with written quarterly reports which address both the PDDA'S financial position and performance in fulfilling the objectives and service obligations which are the subject of this Agreement. The reports will be due on April 10, July 10, October 9, and December 29, 2006. Section 2. Consideration. In consideration of the services performed on behalf of the City as set forth in the Agreement under Section 1, the City shall pay a total of Thirty Thousand Dollars ($30,000) in four equal installments of Seven Thousand and Five Hundred each to be paid at the beginning of each quarter (the first being due within fifteen (15) days of the signing of this Agreement. Section 3. Terms. This Agreement shall commence as of January 1, 2006 and terminate on December 31, 2006. DATED this day of , 2006 CITY OF PASCO PASCO DOWNTOWN DEVELOPMENT ASSOCIATION Gary Crutchfield For the PDDA City Manager ATTEST: APPROVED AS TO FORM: Sandy Kenworthy Leland B. Kerr Deputy City Clerk City Attorney Page 2 of 2 AGENDA REPORT NO. 6 FOR: City Council Date: January 24, 2006 TO: Gary Crutchfi , 't anager Workshop: 1-30-06 Richard J. Smi i for Community & Lco omic Development FROM: David McDonald, City Planner SUBJECT: Landscaping Regulations Code Amendment (MF # 04-45-CA) I. REFERENCE(S): A. Proposed Ordinance B. Memo to the Planning Commission Dated 11/17/05* C. Planning Commission Minutes Dated 10/20/05 & 11/ 17/05* *(Note: Items B &. C are in Council packets only-Copies available in Planning Office for public review) II. ACTION REQUESTED OF COUNCIL STAFF RECOMMENDATIONS: 1/30/06 Review and Discussion III. FISCAL IMPACT None IV. HISTORY AND FACTS BRIEF: A. The City Council previously reviewed the Planning Commission's recommendations regarding updates to the landscaping code. As a result of that review a significant number of questions were raised by the Council. The Council thus returned the proposed landscape code to the Planning Commission for further study. B. In the fall of 2005 the Planning Commission conducted a workshop session and a public hearing in an effort to clarify concerns raised by the City Council over the proposed code amendments. The proposed ordinance under attachment "A" reflects the Planning Commission's recommendations on landscaping regulation for the City. V. DISCUSSION: A. The attached memo (Attachment "B") to the Planning Commission clearly identifies the issues previously raised by the City Council. The Planning Commission discussed all 17 issues before making a recommendation on the proposed code amendment. The attached memo incorporates the Planning Commission's response/action on each issued raised by the Council. B. The City's consultant, a landscape architect, will be present during the workshop to assist staff in providing the Council with an overview of the proposed code changes. 3(b) ORDINANCE NO. AN ORDINANCE RELATING TO LAND USE AND ZONING AMENDING PMC TITLE 25 AMENDING CHAPTERS 25.50 AND 25.58 REPEALING CHAPTER 25.76 AND CREATING A NEW CHAPTER 25.75 ALL DEALING WITH LANDSCAPING REGULATIONS. WHEREAS, cities have the responsibility to regulate and control the physical development within their borders and ensure the public health, safety and welfare are maintained; and WHEREAS, the City of Pasco has zoning regulations that encourage orderly growth and development of the City; and WHEREAS, the City Council has determined that to further the purposes of comprehensive planning and to maintain and protect the welfare of the community, it is necessary to amend PMC Title 25; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. That Section 25.50.060 entitled "DEVELOPMENT STANDARDS" of the Pasco Municipal Code shall be and hereby is amended to read as follows: 25.50.060 DEVELOPMENT STANDARDS. (1) Minimum lot area: No specific lot area is required, except the minimum area required for a business park zone shall be twenty-five (25) acres. Land immediately adjacent an existing business park zoning district may be added to that district in increments of five acres; (2) Lot Coverage: Lot area coverage by buildings or structures shall not exceed fifty percent of the total lot area; (3) Minimum Yard Setbacks: (a) Front Yard: 50 feet. (b) Side Yard: No requirements except where a business park lot abuts a residential district then the side yard shall be 30 feet or equal to the height of the building, whichever is greater. (c) Rear Yard: 30 feet or equal to the height of the building, whichever is greater. (4) Maximum building height: (a) Forty-five (45) feet except a greater height may be approved by special permit. (5) Parking: All parking lots shall be improved with appropriate curbs for drainage control and to maintain landscaping areas. Parking lots shall be 1 constructed of asphalt concrete or Portland cement concrete and shall contain espy trees as provided in Section 25.50.060 25.75.070 (6); (6) Landscaping: The landscaping provisions of this section s supersede and take preeedenee ever section shall be in addition to the landscape and screening provisions provided in Chapter 25.75. In apparent cases of conflict between provisions, the most substantial shall prevail: (a) Fifteen percent of all lot areas shall be landscaped. (b) The twenty feet of front yard setback area nearest street rights-of-way shall be landscaped. (c) At least fifty percent of all building exteriors shall abut landscaped areas. (d) Except for loading and unloading zones, buildings shall be no closer than ten feet from a parking area. (ever thirty par-16 g spaees—within a parking let, one _one !aFge eanepy tree (one and ene half to two ineh ealiper at planting) shall be leea-ted within the par-king4et. f%21 No paving shall be permitted within four feet of the center of a tree at the time of planting. WfJ Sevent-y One hundred percent of all landscaped areas shall contain live vegetation; said vegetation shall consist of a variety of shrubs, trees and ground covers. (h) All landseaping shall be regualar4y maintained in geed eFde-r- and"'-healthy -e9'nditiens fiefs-A4ng geed-`--GVxa1mer-ei.-.l 1nndseapi ag m-c^intenaneepr-aetiees. adjoining properties and ..treat rights efway with masenry walls and/-eF 1 d .r element-s ,})(gj Rear and side yard setback areas immediately adjacent neighboring properties in a different district shall be treated with landscaped elements so as to create a visual buffer. {-} L) At least fifty percent of the required landscape area shall be visible from the street adjoining the lot. (7) Loading and Unloading Docks: (a) Leading and unleading deek areas shall be sereened as re , red ii4 ceetie 25.50.060(74-. (b)(a) Sufficient area shall be provided on-site to accommodate loading and unloading activities. Streets and street rights-of-way shall not be used for these purposes. (8) Rooftop Equipment: All rooftop equipment shall be screened so as not to be visible from the horizontal plane of building roofs; (9) Outdoor Storage and Waste Disposal: (a) No outdoor storage shall be permitted in the business park zone unless such storage is entirely enclosed by building walls and/or a solid masonry wall not less than seven (7) feet in height. No materials stored behind the wall shall extend and be visible above the wall. 2 (b) No materials or waste shall be deposited upon a property within the business park zone in such a form or manner that they may be transferred to other areas by natural causes or forces. (c) All waste material shall be stored in an enclosed area in proper containers and shall be accessible to service vehicles. (10) Signage: All signs advertising the business park and/or businesses located therein not affixed to buildings shall be ground signs, which blend with and complement landscaping and architecture. No roof signs, perpendicular to walls or freestanding pole signs are permitted. All wall signs shall not exceed ten (10) percent of wall areas in size;—and . (11) Architecture: All structures shall be constructed so as to create a unique and distinct character for the business park. Building exteriors shall consist of various types of concrete, brick, stucco, glass, tile, wood pro_ ducts and composite materials. The materials are to be used so as to create character and relief to the buildings. Twenty (20) percent of a building's exterior may be constructed of baked enamel, sheet metal. Section 2. That Section 25.50.070 entitled "SITE PLAN APPROVAL" of the Pasco Municipal Code shall be and hereby is amended to read as follows: 25.50.070 SITE APPROVAL.REQUIRED. Plans shall comply with the provisions of Chapter 25.75.090. Site plan ppr-e r^l by the Plannin Direeter shall be a pfer-equisite for- obtaining a buildin.9, permit for any development within par4E dist-Fiet. All site plans shall illustrate the €elle%ing: (2) Boundaries and dimensions of the pFopeFty;- (3) Leeatiens of buildings and stnaetur-es with existing aAd py-epesed ; (4) Leading and unleading areas, leeation of walls and feneing r,rlie ti. g the height thereof-; (5) Leeatien of ° areas and refuse , signs,(6) Leeatien and size of t (7) T andseaping pla - a, (9) T rLe.-.ti. of building P1 Drepeserl ar-ehit t nl treatment of builds ng"., drainage;(10) Leeation and size of all existing and pmpesed utilities; (11) Site ( ) dc+. ess to publie streets; riz, vaa�. streets; �...a...., (13) lnterier eir-eulation pr-epesal, neluding tFr, ek eir- latio fe uc.a> f streets; (15) Aereage of site; an (16) T,-,rlie.-,tie ef a jeiri, 3 Section 3. That Section 25.58.030 entitled "USE IN COMBINATION" of the Pasco Municipal Code shall be and hereby is amended to read as follows: 25.58.030 USE IN COMBINATION. This chapter shall be used in addition to and in combination with the districts identified in Section 25.58.020 and development regulations contained in this Title as they apply to the lands described in Section 25.58.020. The requirements of this chapter shall take precedence over the requirements of the underlying district regulations. However, the landscape provisions of this chapter shall be in addition to the landscape and screening rovisions provided in Chapter 25.75. In apparent cases of conflict between provisions, the most substantial shall prevail. Section 4. That Section 25.58.040 entitled "PLAN REQUIRED" of the Pasco Municipal Code shall be and hereby is amended to read as follows: 25.58.040 PLAN REQUIRED. Plans shall comply with the provisions of Chapter 25.75.090.x'° + issuanee of building peFmi+n two r2) eepies e f a site development plan must be submitted te the building divisien ef the Gemn-+Unity Development Department fir review fer_ n + J 't 1-,+ of t is- Y ehapter,_ The site development plan must be dramirn te seale and shall inelude the f9lie � lam=;-- All relevant data ?ng the existing site that will include e�dstin-g str-eets, walks, 1 existing buildings and/or- easements. (B) Boundaries and dimensions of the site. (G) Designation of all UV . wuv • at. . a the . s.v• D1 iden+.f.eat_en of any e:,,d"+_ g +rovs or plantings that rn to remain en the site.- areas el,,dinro the 1 eatien and emmen names of all lnnc3srape elements r (G) LeEa+i.-.r. type and design of all ir- atie_n i'."eilities. 1741 T +' and de .Berl- .,f +b,v _ti+ fe +ur-es siaeh building-s-, berms, walls, 1 7 areas, areas, furniture, lights and eire lat areas. !Tl C:.1- e tie 1-.,,il.-ling vlvyatir,r,o_ol- hero- exterior building walls. Section 5. That Section 25.58.050 entitled "CONDITIONS OF APPROVAL" of the Pasco Municipal Code shall be and hereby is amended to read as follows: 25.58.050 CONDITIONS OF APPROVAL. For conditions of approval see the provisions of Chapter 25.75.100. Upon o eir,+__ef a mplete heatien ic.��.0 uYY will review are a-pplieatien and notify the applieantof approval, approval wit medifieatiens and eenditions or- denial. 4 Section 6. That Section 25.58.060 entitled "LANDSCAPE STANDARDS" of the Pasco Municipal Code shall be and hereby is amended to read as follows: 25.58.060 LANDSCAPE STANDARDS. The requirements set _e th in this apply to all development in the 1 182 Cer-r-ider- ever-lay distr- (A) Existing trees and shrubs may be included in the application of these standards provided they are depicted on the plan and retained. (B) No landscape areas shall contain artificial grass, trees, plants or other artificial materials as a live vegetative substitute. (C) U-Bless A-therwise speei�ed, landscaping shall -eens st of rt mix of deeidueus and evergreen trees, 6hrubs, and ground . There shall be at least one (1) tree and three (3) shrubs for every three hundred (300) square feet of landscaped area. areas" and hall meet the general requirements outline.-] her o T .l nary' shall be required is 11 parldng en based on a per-ee t ge „f the gross par-king exec. 1 50 Sp e - QO/_ of the area. 51 99 Sp en — 101% f o t the area.; 100 - 120% of the area. feet. Par-king lots and the a ng landseaping shed! be e9fifigured so that noparking sp--- is-.rer-e se.,enty €i (75) feet fFer a la a pe,a area.. (D) Road Frontage: (1) The area adjaeent te all publie read- zz-vntages-shall be landseaped to inelude a buffer- area of ten-(40) OF, arterials and fiv ( eet on lee-al aEees streets. The 1.-...7seaperl b ffer areas along private streets shall he at least five (5) feet {2}M Landscaped buffers areas on commercial properties adjacent to or across a public or private street or alley from residentially zoned properties must be a minimum of 15 feet in width. RtQLandscaping in the unused portion of the right-of-way shall match the established landscaping pattern and theme for the street. if no landseaping patteFn exists the appheable r.-.Asie is of this Chapter_ ni-1 Chapter- 25.7-6 shall_a ply Nay. (E) Pedestrian Walkways: (1) Excluding_pedestrian connections through parking lots Wwalkways shall be landscaped their entire length. Trees shall be a minimum of three (3) feet from sidewalks and curbs at the time of planting, except where tree wells are utilized. 5 Section 7. That Section 25.58.070 entitled "LANDSCAPING MAINTENANCE" of the Pasco Municipal Code shall be and hereby is amended to read as follows: 25.58.070 LANDSCAPING MAINTENANCE. All landscape maintenance shall comply with the provisions of Chapter 25.75.120. Eaeh owner of � building site shall be respensible fer- the PeFinanefft -M---A il J-A-t- A Bee of the landseaping in aeeer-danee with the appreved landseape plan and the i as ay..-1 Se—e.•.i.... r-eq ir-ements rr{ Sentien__2,5.7-6.1- 10 and shall be kept in a elean,-sa a r.r°ll ...—itained eendition. Section 8. That Section 25.58.090 entitled "SCREENING STANDARDS" of the Pasco Municipal Code shall be and hereby is amended to read as follows: 25.58.090 SCREENING STANDARDS. (n) Pe��Se-E$��a ° shall be s crc°'ec frem view by ° rQ 0�Q sight high. ($)JAJ All equipment, material or goods not housed or stored within the primary structure shall be within a 100% sight obscuring fence, wall or structure. (G) eneing mater4a! steal eensist of weed, briek,-bleek, glass,,-`aTinjT stueeo, wrought iran er sirnfllar-ly appea i )site material. When sight , hewever-, bar-bed or ether type ef seeur-ity wires of any kind aFe- .,1-,ibitorl 4E)(MGas meters, electric service boxes and other mechanical equipment shall be screened from public view by obscuring fence, walls or planting materials. {P)LCI Outdoor garden sales areas, associated with retail buildings as a principal use, shall be enclosed with an enclosure other than chain link or other wire fencing material. Enclosures of garden sales areas must incorporate false walls in the fencing design that match or complement the architectural features of the main building walls. (G) All tr, ek leading and unloading areas an i°"°ayang ieeks aEijae°ntl building. The wall shall be set C°the bu'ek of the 15 feet lnr.rlsnaperl lam..ff°r required in Seetion 25.59.060 (E)2) n.-.rl said wall must be 1-0- foot in height as 25.58.090(14.). Tlhe 15 feet landseaped buffer- required in 25.58.060 (9)(2) shall be gr�E�e��rrz th—a—l4 percent sl'epe C �—berrm r that ter-minutes in the ser-eening wed! required in Seetion 25.58.090(G). Every 40 linear feet Af this buffer area ! eenta T�-a-gr-euping of three (3) A�ustrian pine trees (pinus pine tFee6o�•-appreved equa4s r-nust be six 161 to eight (9) feet ire height at- planting 6 when mature. The inten�ening areas sh-ahl e-&-n-t-A i R at least t3v x tr e approved by the Community Development Department, 21" ealiper- or- , that will reaeh a height of 25 fieet A-F 4-:Rer-e when mature. At least 60 shFubs shall be planted fer every 100 knear feet of buffer- af:ea. The 15 feet buffer sha4l area 31A41! be eavered with shrubs within a 5 yeaf period. Shfub vai=ieties sha Aeppreved-may the Gemlltrrllu„Z1" D evelep e t Department an must �a varieties that are adapted to_th@ ils ,-..-1 elimnte of Pase& Section 9. That Chapter 25.76 entitled " LANDSCAPING AND SCREENING" of the Pasco Municipal Code be and the same is hereby repealed in its entirety: Section 10. That a new Chapter 25.75 entitled "LANDSCAPING AND SCREENING" of the Pasco municipal Code be and the same is hereby enacted to read as follows: CHAPTER 25.75 LANDSCAPING AND SCREENING 25.75.010 PURPOSE. The purpose of this chapter is to establish minimum standards for the provision, design, and maintenance of landscape . areas and sight-obscuring methods within various zoning districts of the community, thus preserving the health, safety, and general welfare of the district. Further, it is the purpose of this chapter to achieve particular objectives including, but not necessarily limited to, the following: (1) Stabilize and preserve land values within and adjoining residential, commercial and industrial districts. (2) Provide an opportunity for the development of an aesthetic visual environment within the commercial and industrial districts as well as residential districts for the benefit of the users of such districts as well as passers-by. (3) Preserve the safety of the general public by assuring adequate lines of sight along public streets and at intersections. (4) Provide not only for the health, safety, and general welfare of the residents, workers and visitors of the community, but also to provide for the beauty and balance of the community, as proper and necessary concerns of local government. 25.75.020 APPLICABILITY. (1) NEW CONSTRUCTION. The requirements contained in this chapter shall be deemed to be minimum standards for .landscape and screening and shall apply to all new development, except for properties located in the C-2 Central Business District. All properties developed in Business Park Districts shall comply with the 7 provisions of this chapter and Chapter 25.50. In apparent cases of conflict between provisions, the most substantial shall prevail. (2) RECONSTRUCTION. Whenever the cost of a remodel, alteration, reconstruction, or expansion of an existing building meets or exceeds thirty- three (33) percent of the assessed value of the building, the requirements of this chapter shall apply. (3) EXISTING RESIDENTIAL. Residential properties not in conformance with standards in effect on January 1, 2006 must be maintained in conformance with the provisions of this chapter. Non conforming properties will be provided six frost free months from the date of notification to comply with the provisions contained herein. 25.75.030 DEFINITIONS. For purposes of this chapter, the following definitions shall be used: (1) "Landscape" shall include, but not be limited to, live vegetation, and ornamental forms of stone and mulch, but shall exclude pavement and impervious surfaces; (2) "Landscape area" means those individual or collective portions of the lot devoted to landscape. A developer or property owner may receive credit toward the required landscape area for pedestrian walks or ways when such walks or ways are decorative and/or textured in character and are designed as a complementary part of the landscape area. No more than 25 percent of the landscaped area can be treated with decorative pedestrian ways and be included in the overall calculations for landscaped area; (3) "Live vegetation" means healthy nursery stock consisting of shrubs, trees, ground cover or lawn. Live vegetation does not include weeds, bark or other mulches, ornamental stone or artificial plants. Live vegetation also includes approved xeriscape areas; (4) "Lot" means the area within the property lines of the parcel or group of parcels upon which the proposed construction or improvements will occur, including all accessory or incidental use areas; (5) "Outdoor storage" means all materials, equipment, merchandise or objects kept or placed on the lot or not within an enclosed structure, for preservation or later use or disposal; it is not intended, however, to include the following exceptions: (a) Those objects customarily stored outside an enclosed structure due to their size and due to their being of such character as to not readily deteriorate when exposed to the elements, such as automobiles, mobile homes, boats and other vehicles, farm machinery, irrigation and heavy construction equipment, and those objects which are themselves enclosures; provided, however, said objects are being kept primarily for immediate sale or rental to others. (b) Neat and orderly outdoor displays of items or objects for immediate sale when such displays are incidental or accessory to an established commercial principal activity conducted from an enclosed structure, and further provided that the area consumed by said displays does not exceed an amount equal to ten percent of the net lot area. 8 (6) "Garden" means a planting bed where seasonal flowers, vegetables, herbs, and/or fruit are cultivated. (7) "Xeriscape" means a landscape design technique that minimizes water consumption by using some or all of the following techniques: (a) using low water--demand or drought-resistant plants which are adaptable to the climatic, topographic, and hydrologic characteristics of a site; (b) reducing turf areas or using turf materials that have low water- demand; (c) using mulches in planting areas to cover soil and save moisture; (d) using efficient irrigation layouts that zone plants according to their specific watering needs; (e) minimizing evaporation of water; (f) performing regular maintenance to maintain water conserving characteristics. 25.75.040 SCREENING REQUIRED. (1) Outdoor storage and trash collection areas shall be screened as follows: (a) Outdoor storage and trash collection areas located in a commercial or industrial zone with existing or new development shall be screened from any adjacent residential zones and from residential zones across a public street or alley; (b) Outdoor storage and trash collection areas in C-1 (Retail Business) zones shall be sight screened from all adjoining properties; (c) Outdoor storage and trash collection areas located in a commercial or industrial zone with existing or new development and upon a lot adjacent to or visible from the following streets shall be so screened as to obscure vision of such outdoor storage afforded from said streets. (1) "A" Street. (2) Columbia Street, between 1 st Avenue and 1 0th Avenue. (3) Lewis Street. (4) West Clark Street. (5) Sylvester Street. (6) Court Street. (7) Highway #395. (8) Oregon Avenue. (9) First Avenue, north of "A" Street. (10) Third Avenue, north of "A" Street. (11) Fourth Avenue, south of Highway 395. (12) Fifth Avenue, between "A" Street and Court Street. (13) Sixth Avenue, between "A" Street and Court Street. (14) Tenth Avenue. (15) Fourteenth Avenue. (16) Twentieth Avenue. (17) Twenty-Eighth Avenue. 9 (18) Thirty-Fourth Avenue. (19) Thirty-Sixth Avenue. (20) Interstate 182. (21) Highway #12. (22) Road 68. (23) Broadmoor Boulevard. (24) Broadway Street, west of Wehe Avenue. (25) Sandifur Parkway. (26) Burden Boulevard. (27) Chapel Hill Boulevard. (d) Screening of outdoor storage and trash collection areas shall be accomplished by one or both of the following methods: (1) Dense evergreen shrubs and/or trees planted to provide a year-round sight obscuring screen to achieve a minimum height of 6 feet, within 2 years of planting. (2) A solid or otherwise sight-obscuring fence or wall at least 6 feet in height. (2) Commercial and industrial side and rear yard landscaped areas adjacent to residential districts must contain a 6 foot high continuous solid screen. (3) For security purposes, portions of the required screening, not to collectively exceed 20 linear feet along each street or alley adjacent to the lot from which vision is obscured, may be left unobstructed and open to view. (4) Trash collection areas provided for multiple dwellings and provided in all office, C-1, CR, BP, and C-3 districts shall be located within 6 foot high site-obscuring structure, which provides a visual screen from any abutting street. In no case shall such enclosure and trash collection receptacle(s) be permitted within the required front yard set back areas. (5) Loading and Service areas shall not face any residential zone, unless no other location is possible. Loading and service areas adjacent to or across a public street or alley from a residential zoned district shall be screened with a sight obscuring structure matching the architecture of the building: a The structure shall be set at the back of any required landscape buffer. (b) The structure shall not encroach into any required landscaped area. (b) Any required landscape buffers shall be graded with a 15 percent slope creating a berm that terminates in the screening wall. (c) The structure must be 10 feet in height as measured from the final grade of the landscaped berm. (d) Live vegetation requirements in the landscape buffer shall be increased to the following rates: (1) Trees shall be provided at a minimum rate of one tree for every 10 linear feet of property line and planted in groupings of 3 trees, with groupings spaced no more than 30 feet on center. 10 (2) Shrubs shall be provided at a minimum rate of 1 per 5 linear feet of property line and spaced no more than 10 feet apart on center. (6) Parking lots that abut a public street shall be buffered with: (a) Live vegetation consisting of trees, shrubs and groundcover. (b) All plant material used for parking lot buffers shall be managed and/or maintained to provide clear views between 3 and 8 feet above the ground surface. 25.75.050 DESIGN STANDARDS. (1) Fences, Walls and Hedges. (a) The height of fences, walls and hedges located between a structure and street or alley shall be measured from the street curb or alley grade except in those cases where topographical irregularities occur. The height of fences, walls and hedges between a structure and a common lot line shall be measured from the grade along the common lot line or top of any structural retaining wall occurring at the common lot line; (b) Fences and walls in commercial districts shall complement the materials used in any principal on-site structures; C) The height of fences, walls and hedges shall be limited to 3.5 feet within the front yard area of residentially zoned lots, retail business and office zoned lots; provided, when two contiguous corner lots, or two corner lots separated only by an alley right-of-way, form the entire frontage between parallel or nearly parallel streets, the height of fences, walls and hedges shall be limited to 6 feet within the front yard adjacent to the side street; except where the front door of a house faces the side street all fences greater than 3.5 feet in height must be set back to the building line of the house facing the side street; (d) The height of fences, walls and hedges within the side and rear yards of residentially zoned lots, retail business and office zoned lots shall be limited to 6 feet. A gate or opening with a minimum 3 foot width leading into at least one side yard shall be provided; (e) Fences shall not be constructed out of tires, pallets, bed springs, multi-colored materials, tarps, plastic sheets, corrugated sheet metal, except in industrial districts, wheel rims and similar or like materials not traditionally manufactured or used for fencing purposes. Hog wire, chicken wire, horseman wire mesh, v-mesh, field fence, woven field fence, welded utility fence, or any similar or like wire fencing material is not permitted in residential or commercial zones; (fl Fences constructed of wrought iron with interspersed brick or block columns of up to 5 feet in height may be permitted within front yards in the R-S-20 8s R-S-12 districts provided said fencing is 85 percent transparent; (g) Barbed and razor wire fencing is prohibited in all Residential districts, in the Office district and the Central Business district. Barbed wire may be permitted in suburban residential districts on tracts larger than one acre. In the C-1 Retail Business district only one strand of 11 barbed wire is permitted along the top rail or within 2 inches of the top rail; (h) Electrified fences are not permitted in residential districts except as a secondary means of securing property where the electrified fence is located behind an existing fence or in suburban districts to contain permitted farm animals; (i) In all front yards, whether on properties with single, double, or triple frontage, rails, posts and other structural fence supports shall not be visible from a public street; except that posts and rails that are an integral part of the fence design and aesthetics and not used solely for structural support may be visible from a public street; 6) All fencing in commercial and industrial districts shall be placed on the inward side of any required perimeter landscaping, with landscape treatments occurring along the street frontage. (k) No fence, wall or hedge, landscape material or foliage higher than 3 feet above curb grade shall be located or planted within an area 20 feet along the property lines from the intersection of two streets including the area between such points, or 15 feet from the intersection of a street and an alley; provided however, if an alternative fence material is used such as masonry, wrought iron, wood, or combination there-of then the fence must be 75 percent transparent and may be a maximum 6 feet in height, or a smaller, 75% transparent fence set upon a maximum 3-foot wall or other structure not exceeding a combined height of 6 feet, may be erected within said area of intersection of street and alley so long as the fence is at all times unobstructed by foliage or other matter; (1) Fences constructed in any zoning district may be permitted at the back of sidewalks in public right-of-way upon approval of the City Engineer, except as provided in 25.75.050(1)(j) (m) No fence or wall shall be erected without first obtaining a building permit from the building inspector; (2) Clearance Distances. Where a fire hydrant is located within a landscape area it shall be complemented by a minimum clearance radius of 3 feet; No tree, as measured from its center, shall be located within 10 feet of a street light standard, within 5 feet of a driveway or a fire hydrant; (3) Commercial and Industrial Districts. (A) In addition to the requirements contained in this chapter and unless specified otherwise in Chapter 25.58.050, commercial and industrial zoned properties adjacent to properties in less intense zoning districts shall have a 10 foot landscape buffer on the side immediately adjacent to less intense zoning district. (B) Landscape buffers in commercial and industrial districts shall meet the following standards: (1) Live vegetation within the landscape buffer shall be planted with a mix of evergreen and deciduous trees and shrubs interspersed throughout the landscape buffer. (2) The live vegetation shall consist of 40 percent evergreen trees. 12 (3) Trees shall be provided at a minimum rate of one tree for every 20 linear feet of property line and spaced no more than 30 feet on center spacing along each property line, unless planted in groupings of 3 trees, with groupings spaced no more than 50 feet on center along each property line. (4) Shrubs shall be provided at a minimum rate of 1 per 8 linear feet of property line and spaced no more than 16 feet apart on center. (5) Parking lots located adjacent to properties in less intense zoning districts require 100 percent of the landscape buffer to be planted with live vegetation. (C) The area between property lines and the back edge of street curbs, within right-of-way and exclusive of sidewalks and driveways for ingress/egress, shall be treated with landscape materials. (4) Residential Districts. At least 50 percent of the required front yard area for all residential property including right-of-way but, excluding driveways, shall be treated with live vegetation. Planting strips shall be treated as per PMC Section 12.12.047; and (5) All areas of a lot or parcel not landscaped or covered with improvements, shall be maintained in such a manner as to control erosion and dust. Gardens within established landscapes are excluded from this provision in Residential Districts. Front yard areas not covered by the required 50 percent live vegetation must be covered by mulches or ornamental stone. 25.75.060 SPECIAL DESIGN STANDARDS. In addition to the design standards contained in 25.75.050 the following standards shall be required for landscaping in the following areas: (1) SANDIFUR PARKWAY STANDARDS. Properties abutting Sandifur Parkway, from Broadmoor Boulevard to Road 68, shall at the time of development or redevelopment as provided herein, landscape all areas between the back of curb and the property line. This landscape area shall contain a 5 foot wide meandering sidewalk approved by the City Engineer. Every 140 linear feet of landscaped area shall contain one, 6 to 7 foot Colorado Blue Spruce; three, 2 inch caliper Greenspire Linden, thirty-five, 15 to 18 inch tall Blue Chip Juniper; twenty-six, 15 to 18 inch tall Goldstar Potentella; twenty- four, 12 to 15 inch tall Dwarf Oregon Grape; and twenty-five, 18 to 42 inch tall Dwarf Winged Euonymous. All but the Colorado Blue Spruce shall be on a 12 inch high berm between the curb and the sidewalk. Polyedging shall be used at all turf and shrub bed borders. Except for the shrub bed areas and sidewalk the remainder of the landscaped area shall be planted with lawn. An automatic irrigation system shall be provided; (2) BROADMOOR BOULEVARD STANDARDS. (A) Properties abutting Broadmoor Boulevard from I-182 to Sandifur Parkway shall, at the time of development or redevelopment, as provided herein, landscape the undeveloped portion of the right-of-way. The landscaped design shall include a curvilinear shrub bed containing seventy-seven, 2.5 inch caliper Columnar "Armstrong" 13 Maple trees; one hundred fifty six, 15 to 18 inch wide Mugo Pine; and one hundred ninety eight, 15 to 18 inch Dwarf Winged Euonymous. The remainder of the area is to be planted with lawn and sixteen, 2.5 inch caliper Thundercloud Plum trees. Polyedging shall be used at all lawn and shrub bed borders. An automatic irrigation system shall be provided; (B) Properties abutting Broadmoor Boulevard, from I-182 south to the FCID right-of-way, shall at the time of development or redevelopment, as provided herein, landscape the undeveloped portion of the right-of-way. The landscaped design shall include a curvilinear 5 foot wide sidewalk and alternating pattern of Amur Maple trees spaced every 50 feet. The remainder of the area is to be planted with lawn. An automatic irrigation system shall be provided; (3) CHAPEL HILL BOULEVARD. Properties abutting Chapel Hill Boulevard from Broadmoor Boulevard to Finnhorse Lane shall at the time of development improve Chapel Hill Boulevard with a 12 foot landscaped median containing Amur Maple trees every 50 feet. The remainder of the area is to be planted with lawn. An automatic irrigation system shall be provided; (4) SHELTER BELT. The Shelter Belt is a landscaped buffer identified in the Comprehensive Plan that is to be located north of East Lewis Street and east of Oregon Avenue. Commercial properties abutting the Shelter Belt shall at the time of development or redevelopment as provided herein provide a vegetative and structural screen between areas designated for future commercial and residential land uses in the Comprehensive Plan. All commercial properties abutting residentially designated lands shall provide a 15 foot landscaped area along the property line between the commercial property and the future residential property. This landscaped area shall contain 1 pine tree every forty linear feet, alternating with one Blue Chip Juniper every forty feet. Other tree species may be planted as approved by the Director of Administrative and Community Services; (5) OREGON AVENUE. All properties fronting on Oregon Avenue shall at the time of development or redevelopment as provided herein install lawn with street trees every 50 feet in the required landscaping area on Oregon Avenue. The lawn shall provide 100 percent coverage of the required landscaped area; and (6) PERPETUAL MAINTENANCE. The developer, the owner(s), their agent(s) and assign(s)) of commercial or industrial property shall be responsible for providing for the continued maintenance of all landscaped areas within the public right-of-way. The developer of residential properties abutting major streets requiring planting strips in the public right-of-way shall provide a common area fee as determined through the platting process for the repair and maintenance of said planting strips. The common area fees shall be deposited in the Boulevard Perpetual maintenance Fund account to cover the cost of maintenance and repairs. 25.75.070 PARKING LOT LANDSCAPING. (1) The width of parking lot buffers shall be dependant upon the location of the parking lot in relation to the building and street right-of-way as follows: 14 (a) Parking lots between the building and an arterial street shall have a minimum buffer of 10 feet between the parking lot and the property line. (b) Parking lots between the building and local access streets and alleys shall have a minimum buffer of 5 feet between the parking lot and the property line. (2) Interior parking area landscaping shall be provided within all parking lots with 10 or more parking stalls for the purpose of reducing surface water runoff, providing shade, and diminishing the visual impacts of large paved areas. All other required buffers and setbacks shall not count toward the interior parking lot landscaping requirements. Parking lots within Industrial districts shall be excluded from any interior parking lot landscape requirement. (a) All developments shall provide interior parking landscape areas at the following rates: (1) If parking lots have 10 to 30 parking stalls, then 20 square feet of interior parking landscape per parking stall shall be provided. (2) If parking lots have 31 to 50 parking stalls, then 25 square feet of interior parking landscape per parking stall shall be provided. (3) If parking lots have 51 or more parking stalls, then 30 square feet of interior parking landscape per parking stall shall be provided. (b) Interior parking lot landscape areas distributed as planting islands or strips shall have an area of at least 100 square feet and with a narrow dimension of no less than 5 feet in any direction. (c) Priority for location of interior parking lot landscaping shall be: (1) First at the interior ends of each parking bay in a multiple lane parking area. This area shall be at least 5 feet wide and shall extend the length of the adjacent parking stall. This area shall contain at least one tree. (2) Second with the remainder required square footage of landscape area being equally distributed throughout the interior of the parking lot either as islands between stalls or landscape strips between the two rows of a parking bay or along the perimeter of the parking lot. Interior landscape islands shall be at least 5 feet wide and shall extend the length of the adjacent parking stalls. Landscape strips must be a minimum 5 feet wide. (d) Up to 100 percent of the trees required for the interior parking lot landscape may be deciduous. (3) All parking lot buffers, and interior parking lot landscape areas shall be treated with a variety of landscape elements with no less than 65 percent of said landscaped areas treated with live vegetation at the time of planting: (4) Landscaped areas and buffers must be adequately protected from damage by vehicles through the use of a permanent curbing. 15 (5) Parking lots and the accompanying landscaping shall be configured so that no parking stall shall be located more than 75 feet from the edge of any interior parking lot landscape area. (6) One tree shall be provided for every six (1:6) parking spaces (7) Trees shall be evenly distributed throughout the interior parking lot landscape. (8) For all parking lots that contain greater than 400 parking stalls pedestrian walkways shall be provided as follows: (a) Pedestrian walkways within parking areas shall provide a distinct linkage between a main entrance to the building and a concentration of vehicle parking stalls. (b) A minimum 5 foot wide, pedestrian connection shall be clearly defined in a combination of 2 or more of the following ways (except walkways crossing vehicular travel lanes): (1) a 6 inch vertical curb in combination with a raised walkway. (2) a trellis, special railing, bollards, and/or other architectural features to accent the walkway between parking bays. (3) special paving, such as concrete, or contrasting surfacing, in an asphalt area. (4) a continuous landscape area minimum of 4 feet wide shall be provided on at least one side of the walkway. 25.75.080 STANDARDS FOR ALL LANDSCAPE AREAS. (1) All new plants, except those planted on single family residential properties, shall conform to American Nursery and Landscape Association (ANLA) grades and standards as published in the "American Standard for Nursery Stock" manual (ANSI Z60.1 or latest edition). (2) Single-stemmed trees required pursuant to this chapter shall at the time of planting conform to the following standards: (a) Deciduous trees shall have a minimum caliper of 1.75 inches and a height of 8 feet. (b) Coniferous evergreen trees shall be at least 5 feet in height. (3) Multi-stemmed trees shall be permitted as an option to single- stemmed trees provided that such multi-stemmed trees are: (a) At least 6 feet in height; (b) Not allowed in street right-of-ways; (4) When the width of any landscape strip, buffer and setback is 15 feet or greater, the required trees shall be staggered in two or more rows. (5) Shrubs shall be: (a) At least an ANLA container class #2 (two-gallon) size at time of planting, (b) At least 18 inches in height at the time of planting, (6) Shrubs within required parking lot landscape areas shall be maintained at a height not exceeding 42 inches. 16 (7) Live vegetation used as groundcovers shall be planted and spaced to result in total coverage of the required landscape area in two years. (8) Lawns shall be planted with grass species normally grown as permanent lawn in Franklin County. Lawn areas may be sodded, sprigged, or seeded, except that solid sod shall be used in swales or other areas subject to erosion. (9) Plant selection shall consider adaptability to climatic, hydrologic, geologic, and topographical conditions of the site. (10) Plants having similar water use characteristics shall be grouped together in distinct hydrozones. (11) Where the landscape materials used in required landscape areas depend on regular watering for sustenance, a water-conserving, automatic or drip irrigation system shall be provided. (12) Lava rock shall not be permitted in any commercial landscaped areas. (13) Xeriscape areas may use alternate forms of irrigation, if part of an approved xeriscape plan. In approving an area as a xeriscape area, the city shall apply all or some of the following criteria: (a) Analysis of the site considering such factors as slopes, drainage, winds, and existing and proposed site improvements. (b) Use of appropriate techniques for soil improvements to support plant growth. (c) Use of low water-demand or drought-resistant turf grasses and plant materials. (d) Use of mulches and other ground covers in planting areas that cover soil, save moisture, and protect from soil erosion. (e) Use of appropriate type of irrigation for each area of the xeriscape landscape. (f) Use highly efficient irrigation systems, such as drip irrigation. (g) Except for xeriscape landscaping in rear and side yards of residential districts all xeriscape areas must meet the 65 percent vegetation coverage requirements of 25.75.070(3). 25.75.090 PLAN REQUIRED. (A) Prior to issuance of building permits, two (2) copies of a site plan shall be submitted to the Community Development Department for review for consistency with the provisions of this chapter. The site development plan must be drawn to scale and shall include the following: (1) All relevant data regarding the existing site that will include a vicinity map, location and name of existing adjacent streets, driveway locations, walkways, property lines, and/or easements. (2) Boundaries, dimensions, and size in acres of the site. (3) Indication of adjoining use. (4) Layout of all use areas within the site, including parking areas and interior circulation areas, including truck circulation for loading/unloading. (5) Landscape Plan with: 17 (a) Identification of any existing trees or plantings that are to remain on the site; existing trees should be identified according to caliper and their common name. Existing trees and shrubs may be counted towards landscape requirement standards provided they are depicted on the plan, retained in their location, and meet minimum standards for plant health. (b) Location of all proposed landscape areas including the location of all landscape elements and the size, common name, scientific name, spacing, and quantity of all live vegetation to be planted. (6) Area in square feet and dimensions of individual and collective landscape areas. (7) Irrigation Plan showing the layout and type of all irrigation systems. (8) Location and description of all existing and proposed structures such as buildings, berms, walls, fences, screens, storage areas, street furniture including refuse containers, and lighting. (9) Location of all existing and proposed utilities, vaults, and boxes (10) Schematic building elevations showing exterior building walls. (B) Excluding single-family residential districts and commercial /industrial development with 10 parking spaces or less, landscape plans shall be prepared by a Washington State registered landscape architect, Washington State certified nurseryman, or Washington State certified landscaper. (C) Excluding single-family residential districts and commercial /industrial development with 10 parking spaces or less, an affidavit signed by an individual specified in subsection B of this section, certifying that the site landscaping has been installed consistent with the approved site landscape plan, shall be submitted to the Community Development Department within thirty (30) days of installation completion, unless the installed landscaping has been inspected and accepted by the Economic & Community Development Department. (D) The required landscaping shall be installed to coincide with the completion of the building. However, the time limit for compliance may be extended to allow installation of such required landscaping during the next appropriate planting season. For single family dwellings the landscaping must be installed no later than three months after issuance of a certificate of occupancy. 25.75.100 CONDITIONS OF APPROVAL. Upon receipt of a completed building permit application the landscaping and site development plan shall be forwarded to the Planning Office for review and approval. 25.75.110 RELIEF. Where relief is sought from the landscape provisions of this chapter, application shall be made in the form of a letter explaining the relief sought and the reasons therefore accompanied by a scaled site plan and a $100.00 dollar fee. The complete application shall be filed with the City 18 Planner. Within fifteen working days from the date of receipt of a complete application, the City Planner shall issue a written decision to approve, approve with modifications, or deny the request for relief. Any decision of the City Planner may be appealed to the City Council if written notice of appeal, which shall include all and exclusive reasons for said appeal, is filed with the City Planner within ten working days from the date of the decision. In the event a written decision is not issued by the City Planner within the required time period, the application for relief shall automatically constitute a qualified and properly filed notice of appeal and shall be considered by the City Council in accordance with this section. The City Council, within thirty calendar days from the date of filing of the appeal, shall consider the appeal at a regular meeting thereof, but such consideration shall be limited to the reasons included in the written notice of appeal and shall include the written decision of the City Planner and the reasons therefore. The City Council may affirm, modify or reverse the decision of the City Planner. 25.75.120 MAINTENANCE - RESPONSIBILITY. All landscape and screening required under this chapter shall be so maintained as to not detract from the purpose of this chapter and shall be kept reasonably free of weeds and trash. The owner, occupants and persons responsible for or having control of the premises shall be responsible for such maintenance and said maintenance shall at a minimum conform with the following: (1) The owners, their agents and assigns, are responsible for providing, protecting, and permanently maintaining all landscaping material, areas and plants required by this chapter in a healthy, growing condition, replacing it when necessary, and keeping it free of refuse and debris; (2) Dead or diseased plants must be replaced within 30 days of notification, or as soon as practical in regard to freezing weather, or complex situations involving removal and replacement of large trees; (3) Plant material must not interfere with public utilities, restrict pedestrian or vehicular access, or constitute a traffic hazard. (4) All fencing, walls and other features used for screening purposes shall be kept free of litter, debris and weeds. 25.75.130 PENALTY - ENFORCEMENT. Enforcement of the provisions of this Title will occur through the use of the Code Enforcement Board procedures contained in Title 11. 25.75.140 ADDITIONAL REMEDY - LIEN. In addition to the penalties prescribed above, the City Council may itself remedy a violation of this chapter and place a lien upon the property as permitted by law. Use of this provision, however, shall be preceded by written notification directed by certified mail to the owner of the property in violation. Said notification shall describe the violation and shall provide at least ten calendar days from date of receipt of written notification during which the owner may cause the violation to be remedied. In the presence of seasonal or other practical consideration, the time period in which violations are to be remedied may be reasonably extended by 19 written instrument acknowledged by the person responsible for such remedy and approved by the City Planner charged with enforcement of this Title. Section 11. This Ordinance shall take full force and effect five 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 , 2005. Michael L. Garrison Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy Leland B. Kerr Deputy City Clerk City Attorney 20 AGENDA REPORT NO. 52 FOR: City Council DATE: 1/19/06 TO: Gary Crutchfi anager Workshop: 1130/06 FROM: Robert J. Alberts, Director,Public Works SUBJECT: Street Light Installations I. REFERENCE(S): 1. Lighting Status Map 2. Exhibit A—Street Light Responses II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 1/30/06: Discussion III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: On November 14, 2005 staff discussed the request for street lights in an area west of Road 32 and north of Court Street with Council. Following the discussion, the Mayor sent out a letter to residents in the neighborhoods north of Court Street between Road 32 and Road 44. This letter discussed the option to install street lights to relieve complaints of poor night lighting in the area and included a lighting status map indicating proposed street light installations. Resident opinion on the matter was requested by December 16, 2005, asking residents to respond in writing if they objected to the installation of street lights. This resulted in six (6) comments, summarized on the attached Exhibit A. Two of the responses opposed installation of a street light near their residence. One requested the proposed light for the Mark Twain parking lot be removed from the plan. The elimination of this light wouldn't impact the proposed program. The second opposing response was to eliminate the proposed light at W. Pearl St. and Road 34. Based on the questionnaire, the majority of the residents would like a street light at that location. Three comments were from residents who want lights at locations where there are no existing power poles to place a street light on. The City's standard practice has been to not install new poles. One response was to install a light on a mid-block power pole. This request would go against past practice where lights are installed at intersections only. Staff recommends that street lights be installed as proposed with the exception of the light for the Mark Twain School parking lot. V. ADMINISTRATIVE ROUTING Project File 3(c) az'8*J i I I it I i A i/ i� 4 I Il loi i3j ----- ------ OE-vO -i L.JL_ J ._ ti 0£gtl021 ice! ! I ii i h 1 r-- ;pl I� EE O'dDb --� 'z ----•---------- ----- €.U110b._ ! !� 3 li I L1. i L.--"!-- ---_.__J i r... � ji ii ij I !a I 131 -. _,_ I I .. j GE I^j j �- .._i -sE-boil' W T� II : I I L ------------ L__ 9E avold j ¢. ICI I ial izl a i^I igl j al Ij I'LI 1:05 Imo! I I !31 � i I 131 j�j ial z i31 F I i i Pq jai J l u L._ __J __J _ __L_ J L.___.J3! ` sE ado ------------- � `IOOH:)S i > i ! NIV.AtU NdVW { LU � a L._--.---•-61F-dTdT -- -- — - -- z I 1 ICI ; I�j ill ! j w w I j !CS !Q! u I I a s j I I°j I�I O z z z `" ° i a o N ib ado- �-`---- -� ib avob - - - - L-,- LL 0 w i --- -� r._ ---� r- - - --- - - -�� F CK ou z z j 1 I i ICI Iii lu° I J J IdI J I� IQI Ij1 13I Q j a o' a' Imo! I I 131 j I x j31 I I i31 I I I j EY o a o ---------6 L._._ -----� EXHIBIT - A STREET LIGHT RESPONSES Street Light Project 2005 W. Court Street to W. Wernett Road and Road 28 to Road44 Calls from the following property owners: December 2, 2005 • Sed Ther 547-6182,would like to have a light at the intersection of Road 30 and Willcox. There is no pole at or near this intersection to install a street light. For an intersection to qualify for installation of street lights an existing utility pole needs to be at or near the intersection. • Carina? 547-8470, address: 2215 N. 36`h, would like to see a light installed on 36 between Jay and W. Wernett Road. There is no pole at or near this location to install a street light and intersections is the primary location for street lighting. December 6, 2005 • Altagreia Figueroa 543-9592, would like to have a light at the intersection of Road 44 and Opal. This is one of the intersections that are not identified on the map for a light. There is no pole at or near this intersection to install a street light. For an intersection to qualify for installation of street lights, an existing utility pole needs to be at or near the intersection, December 7, 2005 • Patty Berg, 547-7630, address: 3008 West Pearl, she would like a light mid block on Pearl between 30 and 32, Staff explained that our primary goal is the intersections and other areas will be reviewed. There is no pole at or near this location to install a street light and intersections are the primary location for street lighting. December 9, 2005 • Marilyn Hansen, 547-1732, address: 3905 W Pearl, she would like the proposed light between Road 38 and 40 on Pearl not be installed because there is an existing light at the school. December 16, 2005 • Letter from Peter LeMieux dated December 16, 2005, "do not add the lights ...., put them where they are needed and will make a difference not where it lights up homeowner's yards." Address is 3420 W. Pearl Street. January 24, 2006 • Mel DeWeber, 545-3383, address: 4321 W. Agate, "already have alight at the intersection, supports this proposal. AGENDA REPORT FOR: City Counci January 25, 2006 TO: Gary Crutchfi a e_r Workshop Mtg.: 1/30/06 Regular Mtg.: 2/6/06 FROM: Stan Strebel, tniative and Community Services D' SUBJECT: Clarification to Business License Maximum Annual Fee I. REFERENCE(S): A. PMC References B. Proposed Ordinance II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 1/30: Discussion 216: MOTION: I move to adopt Ordinance No. amending PMC Chapters 5.04, 5.06 and 3.07, regarding fees for certain business licenses, and to authorize publication by summary only. III. FISCAL IMPACT: Negligible. IV. HISTORY AND FACTS BRIEF: A) In recent processing of business license renewals, staff has encountered some inconsistencies within the Code relating to maximum annual business license fees. Most general business license requirements are established in Chapter 5.04 (PMC) with specific fee amounts listed in Chapter 3.07. In some cases, special requirements for certain businesses are set forth in individual Chapters within Title 5. (In some of these cases, Chapter 5.04 specifically references the additional chapters and clarifies how the regulations apply — see 5.04.175 in example) B) Section 5.04.120 establishes a maximum annual license fee, which is currently $500/yr. notwithstanding the fact that some license fees are calculated on a per unit basis (i.e. fees increase with.more rooms in a hotel, more trucks in a transfer business, etc.) In these cases, where there are no provisions to the contrary, staff has implemented the fee with the prescribed cap of$500. In the case of two types of businesses, staff suggests a need to clarify and adjust the regulations as they relate to maximum annual fees. 1) For Rentals of Dwelling Units (including single family residences, apartments and mobile homes — see 5.04.160(A)) the annual license fee is set at a base of$30 plus $3 per unit (3.07.050 (H)) but capped at $500. Therefore, a 157 unit apartment complex would pay the maximum $500 fee as would a 300 unit complex which is twice as large. As noted in the PMC language, there are specific regulations and inspections (PMC 5.78) which apply to dwelling unit rentals and the City spends considerable time and effort in the enforcement of the same. Also, as noted: "All revenues received from this business license fee (are) utilized exclusively for the cost of issuance of the license provided herein and the administration of Chapter 5.78 of this title." Because of this extra enforcement and inspection effort, which necessarily increases proportionately with the number 3(d) of units, staff recommends that the annual fee for dwelling unit rentals not be subject to the maximum cap. 2) Flea Market, Swap Meets, etc. are regulated by Chapter 5.06. Per section 5.06.030 the fee is equal to $75.00/yr base fee plus $5 for each 100 sq. feet utilized for vendors. Since the fee is set in Chapter 5.06, staff's conclusion is that the maximum fee as set by Chapter 5.04 does not apply. However, for a number of years these business licenses have been issued with the $500 cap. In one case, applying the fee without a cap would yield an annual license fee of$2,500. Staff feels this is unreasonable given the information/inspection effort that the City makes regarding this type of facility. It is therefore suggested that the fees for this type of business be included in the cap for general business licenses per 5.04.120. C) Staff' has prepared the attached ordinance, which makes the changes as recommended hereinabove. Other minor housekeeping corrections are also proposed. Staff recommends the adoption of the ordinance with an effective date of January 1, 2007 for the dwelling unit rental provisions and the standard effective date for all other provisions. CHAPTER 5.04 LICENSES GENERALLY 5.04.120 MAXIMUM FEE. The maximum annual license fee will be as set for in Chapter 3.07 of this code. (Ord. 3560 Sec. 2, 2002; Ord. 3394 Sec. 1, 1999; Ord. 2223 Sec. 1, 1980; Ord. 1907 Sec. 1, 1977; Ord. 1403 Sec. 1, 1969; prior code Sec. 3-1.68.) 5.04.160 FEES. An annual license fee as set for in Chapter 3.07 of this code shall apply for the following business categories: A) RENTALS - DWELLING UNITS. Any person renting or making available for rent to the public any dwelling unit shall secure a license registering each dwelling unit including a certification warranting that each such dwelling unit complies with the Uniform Housing Code as adopted by the City and does not present conditions that endanger or impair the health or safety of the tenants. For the purpose of this section "dwelling unit" shall mean any structure or part of a structure which is used as a home, residence or sleeping place by one, two or more persons maintaining a common household, including but not limited to single family residences and units of multiplexes, apartment buildings and mobile homes. The annual business license fee shall be payable for each independent business location and the first unit and an additional fee for each additional rental dwelling unit available for rental to the public by the applicant. All revenues received from this business license fee shall be utilized exclusively for the cost of issuance of the license provided herein and the administration of Chapter 5.78 of this title. Issuance of the business license shall be contingent upon submission of the certification, inspection, as required by this title, payment of the fee provided above and compliance with Chapter 5.78 of this title. (Ord. 3560 Sec. 6, 2002; Ord. 3325 Sec. 1, 1998; Ord. 3231 Sec. 1, 1997; Ord 2992, Sec. 1, 1994.) G) HOTELS, MOTELS AND CABIN COURTS. All hotels, motels and cabin courts, or places where rooms are kept for rent for the accommodation of the traveling public, whether rented by the day, by the week or month, shall pay an annual fee plus an additional fee for each unit. (Ord. 3560 Sec. 6, 2002.) 5.04.175 LANGUAGE OF SPECIAL CHAPTERS PREVAIL. The provisions of this chapter shall be subordinate to any provision of any other chapter of this title where the provisions address the same subject or are in conflict. It is the intent of this section that the provisions of chapters specially regulating a particular kind or kinds of business prevail over the provisions of this chapter which generally licenses businesses where there is conflict in language and the two provisions cannot be interpreted harmoniously with one another. (Ord. 2833 Sec. 1, 1991.) 5.04.190 LATE PAYMENT FEE. A late payment fee shall be added to each.annual license not procured before March 1st of each and every year to help defray added administrative expenses because of such late payment. Late payment fees shall be as set forth in Chapter 3.07 of this code. (Ord. 3560 Sec. 7, 2002; Ord. 3426 Sec. 1, 2000; Ord. 3394 Sec. 1, 1999; Ord. 2223 Sec. 5, 1980; prior code Sec. 3- 1.224.) CHAPTER 5.06 FLEA MARKETS, SWAP MEETS, BUY-SELL MARTS AND THE LIKE 5.06.010 License Required 19 5.06.015 Licensing Of Customers, Vendors Etc .................................. 19 5.06.020 Premises 19 5.06.030 Permit Fee ........................................................................... 19 5.06.040 Application For License. 19 5.06.050 Term Of License. 20 5.06.060 Posting - Inspection ............................................................. 20 5.06.070 Code Infraction - Civil Penalty.............................................. 20 5.06.010 LICENSE REQUIRED. It shall be a violation of this code for any person to conduct, operate, sponsor or promote a "flea market," "swap meet," "buy-sell mart" or the like where there is a meeting together of people at a stated time or times and place for the purpose of buying or selling, exchanging, trading, bargaining, bartering or dealing antiques, secondhand articles, wares, merchandise or goods, except by auction, without a license issued to him by the City pursuant to the provisions of this chapter. (Ord. 2521 Sec. 1 (part), 1984.) 5.06.015 LICENSING OF CUSTOMERS, VENDORS ETC. No customer, vendor, renter or lessee .at any undertaking licensed under this chapter shall be required to obtain a general license under Chapter 5.04 unless they are engaged in business at the licensed premises more than thirty days. (Ord. 2521 Sec. 1 (part), 1984.) 5.06.020 PREMISES. No license shall be issued under this chapter unless the undertaking is to be within a building or at a location that is otherwise licensed as a "business location" by the City under Chapter 5.04 of this code. (Ord. 2521 Sec. 1 (part), 1984.) 5.06.030 PERMIT FEE. The charge for the license under this chapter shall be as set forth in Chapter 3.07 of this code plus an additional fee per each one hundred square feet of rentable space. "Rentable space" means all space at the building or "business location" to be used for the undertaking being licensed except for that space specifically set aside and designated for vehicle parking only. (Ord. 3560 Sec. 8, 2002; Ord. 3394 Sec. 3, 1999; Ord. 2521 Sec. 1 (part), 1984.) 5.06.040 APPLICATION FOR LICENSE. Each applicant for a license shall file an application with the City Clerk. The application shall be in writing and signed by the applicant and shall give the applicants residence address and business address and such other information as shall be required by the City Clerk. Upon payment of the license fee, and satisfactory compliance with other applicable city ordinances and general laws, the Clerk shall issue the license. (Ord. 2521 Sec. 1 (part), 1984.) 3.07.050 BUSINESS LICENSES: Fee/Charge Reference A) License Base Fee (include lat $75.00 5.04.130 3000 sq ft) B) Maximum Lic. Fee $500.00 5.04.120 C) Square Footage Fees (ea inc. of $30.00 5.04.140 3000) D) Outside Area Charges $50.00 5.04.150 E) Late Penalty $30.00 5.04.190 F) Transfer Fee $37.00 5.04.080 G) Business Located Outside city $75.00 5.04.160 limits H) Rental Dwellings - includes $30.00 5.04.160 first unit 1) Each additional unit $3.00 5.04.160 1) Auction Sales - for 3 days $75.00 5.04.150 J) Bank/Financial Institution $200.00 5.04.160 K) Bowling Alleys - includes first $75.00 5.04.160 alley 1) Each addl. alley $6.00 5.04.160 L) Commercial Rentals - includes $75.00 5.04.160 first location 1) Each additional location or $3.00 5.04.160 unit M) Dray and Transfer - includes $75.00 5.04.160 first truck 1) Each additional truck $5.00 5.04.160 N) Hotels/Motels/Cabins Courts $75.00 5.04.160 - base fee O) Liquor Sales without dancing $200.00 5.05.140 (incl 1 st 3000 sq. ft) 1) Each unit. $5.00 5.04.160 P) Prof. Boxing/Wrestling- per $75.00 5.04.160 show Q) Sleeping Rooms/Rooming $75.00 5.04.160 Houses (min. 4 rooms) 1) Per room/unit charge $5.00 5.04.160 R) Theaters $150.00 5.04.160 S) Special Events: 1) Athletic, Competitive or $25.00 5.25.070 Festival 2) Concert $25.00 5.25.070 3) Dance Hall - without liquor $75.00 5.25.070 a) Additional square footage 4) Dance Hall - with liquor $350.00 5.25.070 a) Additional square footage 5) Demonstration $15.00 5.25.070 6) Outdoor Music Festival $25.00 5.25.070 7) Parade $15.00 5.25.070 8) Public Dance $15.00 5.25.070 9) Temporary Special Sales $20.00 5.25.070 Event - (maximum for event $500.00)-per vendor T) Flee Markets/Swap $75.00 5.06.030 Meets/Buy & Sell Marts 1) Each additional 100 sq. ft. of $5.00 5.06.030 space U) Solicitors $150.00 5.08.050 V) Itinerant Merchants: 1) Application fee $60.00 5.10A.060 2) Monthly fee - if application $45.00 5.10A.060 approved W) Mobile Vendors: 1) Application fee $25.00 5.10A.060 2) Monthly fee - if application $10.00 5.10A.060 approved X) Pawnshop $250.00 5.12.012 Y) Carnivals and Circuses - first $275.00 5.16A.070 day fee 1) Each and every day after first $125.00 5.16A.070 Z) Amusement Device Distributor $500.00 5.20.100 1) Amusement Device User - 1-6 $50.00 5.20.100 machines 2) Amusement Device User - 6+ $100.00 5.20.100 machines AA) Adult Entertainment Facility: $700.00 5.27.110 1) Adult Entertainer $150.00 5.25.110 2) Adult Waitperson $150.00 5.27.110 3) Adult Ent. Bus. Mng gr. $150.00 5..27.110 BB) Gravel Pit No Fee 5.28.050 CC) For-Hire Vehicles (maximum $50.00 5.45.050 of$500.00) - per vehicle 1) Driver's Permit Fee $50.00 5.45.080 DD) Private Detectives and Security $75.00 5.46.030 EE) Sidewalk Sales No fee 5.56.010 FF) Attendants in Private Quarters No fee 5.68.010 GG) Massage Business $75.00 5.04.160 HH) Mobile Home Park 1) Inspection fee $20.00 19.12.030 2) License fee $25.00 19.12.030 3) Per unit fee $3.00 19.12.030 II) Yard Sale Permit $5.00 5.52.020 (Ord. 3543 Sec. 1, 2002). ORDINANCE NO AN ORDINANCE of the City of Pasco, amending PMC Chapters 5.04, 5.06 and 3.07, regarding fees for certain business licenses. WHEREAS,the City Council of the City of Pasco has determined that certain amendments regarding the fees for business licenses are warranted; NOW, THEREFORE, The City Council of the City of Pasco,Washington, Does Ordain as Follows: (deletions by interlin cations, additions by underlining) Section 1. That Section 5.04.120 MAXIMUM FEE is amended to read as follows: 5.04.120 MAXIMUM FEE. The maximum annual license fee will be as set forth in Chapter 3.07 of this code. Provided, however, this section on maximum annual fee shall not apply to business licenses for dwelling unit rentals. Section 2. That Section 5.06.030 PERMIT FEE is amended to read as follows: 5.06.030 PERMIT FEE. The charge for the license under this chapter shall be as set forth in Chapter 3.07 of this code plus an additional fee per each one hundred square feet of rentable space. Provided, however, the maximum annual license fee shall be the same as set forth in Section 5.04.120 of this code. "Rentable space" means all space at the building or "business location" to be used for the undertaking being licensed except for that space specifically set aside and designated for vehicle parking only. (Ord. 3560 Sec. 8, 2002; Ord. 3394 Sec. 3, 1999; Ord. 2521 Sec. 1 (part), 1984.) Section 3. That Section 3.07.050 BUSINESS LICENSES is amended to read as follows: 3.07.050 BUSINESS LICENSES: Fee/Charge Reference A) License Base Fee (include 1" 3000 sq $75.00 5.04.130 ft) B) Maximum Lic. Fee $500.00 5.04.120 C) Square Footage Fees (ea inc. of 3000) $30.00 5.04.140 D) Outside Area Charges $50.00 5.04.150 E) Late Penalty $30.00 5.04.190 F) Transfer Fee $37.00 5.04.080 G) Business Located Outside city limits $75.00 5.04.160 H) Rental Dwellings—includes first unit $30.00 5.04.160 (No maximum fee) 1) Each additional unit $3.00 5.04.160 I} Auction Sales—for 3 days $75.00 5.04.150 J) Bank/FinancialInstitution $200.00 5.04.160 K) Bowling Alleys—includes first alley $75.00 5.04.160 1) Each addl. alley $6.00 5.04.160 L) Commercial Rentals—includes first $75.00 5.04.160 location 1) Each additional location or unit $3.00 5.04.160 M) Dray and Transfer--includes first $75.00 5.04.160 truck 1) Each additional truck $5.00 5.04.160 N) Hotels/Motels/Cabins Courts—base $75.00 5.04.160 fee 1) Each unit. 5.00 5.04.160 O) Liquor Sales without dancing (incl 1" $200.00 5.05.140 3000 sq. ft) 4) g t,_ , i� X89 55.04.16 �r«r- P) Prof. Boxing/Wrestling—per show $75.00 5.04.160 Q) Sleeping Rooms/Rooming Houses $75.00 5.04.160 (min. 4 rooms) 1) Per room/unit charge $5.00 5.04.160 R) Theaters $150.00 5.04.160 S) Special Events: 1) Athletic, Competitive or Festival $25.00 5.25.070 2) Concert $25.00 5.25.070 3) Dance Hall—without liquor $75.00 5.25.070 a) Additional square footage 4) Dance Hall —with liquor $350.00 5.25.070 a) Additional square footage 5) Demonstration $15.00 5.25.070 6) Outdoor Music Festival $25.00 5.25.070 7) Parade $15.00 5.25.070 8) Public Dance $15.00 5.25.070 9) Temporary Special Sales Event— $20.00 5.25.070 (maximum for event $500.00)-per vendor T) Flee Markets/Swap MeetsBuy & Sell $75.00 5.06.030 Marts 1) Each additional 100 sq. ft. of space $5.00 5.06.030 U) Solicitors $150.00 5.08.050 V) Itinerant Merchants: 1) Application fee $60.00 5.10A.060 2) Monthly fee—if application approved $45.00 5.10A.060 W) Mobile Vendors: 1) Application fee $25.00 5.10A.060 2) Monthly fee—if application approved $10.00 5.10A.060 X) Pawnshop $250.00 5.12.012 Y) Carnivals and Circuses— first day fee $275.00 5.16A.070 1) Each and every day after first $125.00 5.16A.070 Z) Amusement Device Distributor $500.00 5.20.100 1) Amusement Device User— 1-6 $50.00 5.20.100 machines 2) Amusement Device User—6+ $100.00 5.20.100 machines AA) Adult Entertainment Facility: $700.00 5.27.110 1) Adult Entertainer $150.00 5.25.110 2) Adult Waitperson $150.00 5.27.110 3) Adult Ent, Bus. Mng gr. $150.00 5..27.110 Imo} Ckiwel Pi t No Fee 5.28..050 C) For-Hire Vehicles (maximum of $50.00 5.45.050 BB $500.00)—per vehicle 1) Driver's Permit Fee $50.00 5.45.080 DD) 11?riy.,+a r,ea,+a,.+;„o; fl4;4 Re e Ufity $75.00 5.46.030 € Sidewalk Sales No fee 5.56.010 cc i 5-69.010 645) Massage Business $75.00 5.04.-160 lam) Mobile Home Park DD 1) Inspection fee $20.00 19.12.030 2) License fee $25.00 19.12.030 i 3) Per unit fee $3.00 19.12.030 10 Yard Sale Permit $5.00 5.52.020 EE (Ord. 3543 Sec. 1, 2002). Section 4. Section 1 and Section 3 (H) shall be effective after January 1, 2007. All other sections of this ordinance shall take effect and be in force from and after its passage and five days following its publication as required by law. PASSED by the City Council of the City of Pasco at its regular meeting this day of February 2006. Joyce Olson, Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy, Deputy City Clerk Leland B. Kerr, City Attorney CITY OF PASCO SUMMARY OF ORDINANCE NO. ORDINANCE NO. is an ordinance amending PMC Chapters 5.04, 5.06 and 3.07, regarding fees for certain business licenses. The full text of Ordinance No. is available free of charge to any person who requests it from the City Clerk of the City of Pasco (509) 545-3402,PO Box 293, Pasco, Washington, 99301. Sandy L. Kenworthy, Deputy City Clerk AGENDA REPORT FOR: City Council Date: January 23, 2006 Workshop Mtg.: January 30, 2006 TO: Gary Crutchfiel anager Regular meeting: February 6, 2006 Stan StrebelrA i 's alive and Community Services Director FROM: Jim Chase, Finance Manager SUBJECT: REPLACEMENT OF THE GEMS UTILITY BILLING SYSTEM I. REFERENCE(S): 1) Memorandum from Finance Manager to City Manager dated 1/23/06 2) Letter from Finance Manager to Government E-Management Solutions (GEMS) dated 1/13/06 3) Proposal from DataNOW, LLC for their Utility Billing Program. II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 1/30/06 Discussion 216106 A) MOTION: I move to accept GEMS refund offer totaling $34,210 for release of obligations regarding the GEMS Utility Billing, Business License and Permits & Inspection Software programs and maintenance fees. B) MOTION: I move to approve the purchase of the Utility Billing Computer Software Program from DataNOW LLC including the related installation and implementation expenses per their proposal, plus applicable state sales tax. III. FISCAL IMPACT: The purchase price (per the attached proposal) for the Datallow LLC (Datallow) software totals $12,500. The City will reimburse travel expenses for their staff to visit Pasco to complete the conversion process. We expect to be reimbursed (or be given credit for future annual software maintenance fees for the systems the City continues to use) by Government E-Management Solutions (GEMS) for the Utility Billing (UB) systems and two other programs that were originally purchased and not used. The other systems not used are Business Licenses (B&L) and Permits & Inspections (P&I). They were not used due to shortcomings in those systems. The original purchase price for all those systems total $35,750. After some negotiation, GEMS has offered a full refund for the original purchase price for the B&L and the P&I systems and a 50% refund of the Utility Billing system software. They have also offered a full refund of annual maintenance fees for the B&I and P&I systems. The GEMS offer totals $34,210. They requested it be in the form of a credit for future services. We have yet to pay the 2006 annual maintenance fees for the other systems we are continuing to use. IV. HISTORY AND FACTS BRIEF: The City purchased a Property Management System (utility billing software package) from (GEMS) in 2003 together with a Financial Management System (general accounting software package) and a Human Resources Management System (payroll and human resources software package). The system was originally purchased with the understanding it could handle the way we were accustomed to doing business. Pasco has a few billing differences, as compared to another utility billing entities (billing every month but reading the meter every other month and estimating usage for non read months, and the way we pro-rate bills for turn-ons and turn-offs). GEMS was made fully aware of our past practices and other special situations when they were initially trying to sell us their products. The system does not calculate and handle estimates and prorating issues to our satisfaction. Other issues cause staff to make manual corrections resulting in more time inefficiencies. During the.first week in January GEMS was purchased by Harris Computer Systems. Staff was offered the option, by GEMS, to migrate to a utility billing system that Harris Computer Systems sells and maintains for no additional charge. 3(e) The reason for the switch to GEMS from the utility billing system we previously used, DataNOW, was because that system was not compatible with the windows operating environment and we had a desire to have an integrated system (one that would automatically post processing entries to the general ledger) thus making the entire system more efficient. Staff has been posting those entries manually due to another system flaw in the GEMS automated posting program. DataNOW contacted staff several months ago to informed us they had re-written their system to operate in the windows environment. Several City staff members traveled to Spokane see the system operate last month at a DataNOW client site.. That client is very pleased with the operation of the system. They had also used the system prior to it operating in windows and mentioned it ran faster and had some nice new features. A quote was requested from DataNOW. They have offered us a discounted price of $12,500 to purchase their system plus travel expenses for the installation and implementation. The City was previously their client and they, apparently, want us as clients once again. V. DISCUSSION: The City could switch to the Harris Computer Utility Billing System at no additional cost. Switching to another unknown system is not what staff would recommend. Staff feels very comfortable and is very familiar with the product from DataNOW and would prefer to use that system. We have worked well with DataNOW staff(the same staff as before) and have received excellent service in the past. The reimbursement from GEMS will offset the cost of purchasing the DataNOW system. The City will continue to use the GEMS Financial Management and Human Resources Management Systems. Vl. OTHER COMMENTS: Staff recommends the purchase of the DataNOW utility billing system. Staff has used the DataNOW system in the past. The Utility Billing Clerk is very familiar with its operation. She assisted in the prior set-up, implementation and operation of that system before the migration to GEMS. MEMORANDUM DATE: January 23, 2006 TO: Gary Crutchfield, City Manager Jr FROM: Jim Chase nance Manager RE: GEMS Utility Billing As you are aware, we have been very disappointed with the GEMS Utility Billing Program. I sent a letter to Dan Arnold, Vice President, notifying him of my intention to recommend to City Council that we discontinue using the GEMS Utility Billing system. I have attached a copy of that letter. I also asked for a refund of the utility billing system and two other systems originally purchased but did not use. I have been asking for a refund of the Business License and Permits & Inspection systems since last August. We purchased the Trackit system to handle those needs. I had a telephone conversation with Mr. Arnold last week. He agreed to refund the entire purchase price for the Business License and the Permits &Inspection programs. He also agreed to a refund of the annual maintenance fees paid for those programs for 2004 and 2005. He and I discussed the reimbursement for the Utility Billing program. He reminded me that we have been producing bills with the program for almost two years. I reminded him of the problems we have experienced from the very beginning and that the program did not have the features that they originally implied it had. He asked if we would be willing to accept a 50%refund of the original purchase price. I told him I would need to take his offer to my superiors. His offer totals $34,210. The original purchase price of the above systems total$35,750. Staff has operated the GEMS Utility Billing System since April, 2004. We realized at the time of installation that the program did not handle some of our processes efficiently and accurately. We were assured those issues would be addressed in upcoming programming changes. We were originally told those changes would be out in a matter of a few months. We finally received the program updates in February, 2005. After installing the update, many of our issues still existed. GEMS sent their staff to our site to review our set-up and operating procedures. It was determined that we seemed to be operating the system correctly. GEMS experienced major staff turnover. I sent a letter to the President in September to fix our issues or we would find another solution. Since that letter, we have had weekly telephone conferences with GEMS staff and they have written program updates to the address our issues. Some of the updates solved issues, and some created other issues. GEMS was purchase by Harris Computer Company earlier this month. The President is no longer with the GEMS subsidiary of that company. We have put forth great effort to make the GEMS Utility System work for us. We have come to the conclusion that we should put an end to our frustrations and change systems. DataNOW LLC(DataNOW), formerly Idaho Computer Systems, is interested in having us using their Utility Billing system once again. The reason we stopped using their system and purchased the GEMS system was because the operating system we were using was not going to be supported by Hewlett Packard much longer. DataNOW has since rewritten their program to operate in the windows environment which we are currently using. They have offered a substantial discount to entice us back. We can purchase a system we know will work for about $15,000. I feel the GEMS offer of a refund is fair and we should move forward with purchasing the DataNOW LLC Utility Billing Program. ' ADMINISTRATIVE AND COMMUNITY SERVICES DEPARTMENT 1 ' ' • P.O.BOX 293, 525 NORTH THIRD AVENUE, PASCO,WASHINGTON 99301 January 13, 2006 DIVISIONS ADMINISTRATIVE SERVICES (509)544.3096 Dan Arnold,Vice President FAX543-5727 GEMS—Government E-Management Solutions CITrCLERx 121 Hunter Ave., Suite 100 43.57 FAX 513.57 7 FAX 27 St. Louis, MO 63124 FACILITIES SERVICES (509)543-5757 FAX 543-5758 Dear Mr. Arnold, FINANCE SERVICES This letter is a follow-up to a telephone conversation I had with Cheryl Zeier this (509J,545-,3401 morning to notify GEMS that I am going to recommend to our City Council that we FAX 541.3082 INFORMATION discontinue using the Utility Billmig System. SERVICE S (509)S45-3419 We would like to be reimbursed for purchase price of the Utility Billing System and FAX 543-5758 all the other systems in the Property Management System Package. The City also RECREATION SERVICES paid for and would like reimbursement for the annual software maintenance fees for (509)5.15-3456 those systems not used. The original purchase price for those systems total $35,750. FAX 545-3455 The 2004 and 2005 annual maintenance fees for the Business Licenses and Permits & Inspections total $7,260. We will continue to be a client of GEMS and use the Financial Management System and the Human Resource Management System. The above reimbursement could be in the form of a credit to pay for ongoing annual maintenance fees for the FMS and HRMS systems. We have been disappointed with the operation of the Utility Billing package since it was first implemented. It has not performed to the expectation we were given when prior to purchasing the product. Over the past six months, all of your staff who originally trained our staff in the set up and uses the utility billing system has left GEMS. This has been troubling for our staff. There may be many reasons for their departure, but from a client's perspective it does not have a good appearance. GEMS was recently purchased by Harris Computer Systems. Your staff informed us that Harris also has a utility billing system and that we could migrate to that system if we were so inclined, at no additional charge. We wish to pursue returning to the DataNOW, LLC (formerly Idaho Computer Systems)Utility Billing Program that the City used previous to your system. Your staff has been diligent in attempting to solve Pasco's issues since the letter I sent to Mr. Bouchein in September, yet issues still remain. A. Promises of performance have not been realized. B. Some of the fixes have created other problems. C. Confidence in the numbers your system produces is very low. These issues are significant enough that we feel it's time to go with a different solution. My staff has performed above and beyond the call of duty, in my opinion,to try to make your application work effectively. As I said before,Pasco will continue to be a client and use the Financial Management and Human Resource Management Systems. I look forward to many years of use from these products and also a response to the above request for reimbursement. Sincerely, Jam W. Chase Finance Manager Data NOW LLC Software Quotation City of Pasco,Washington MS Windows Version 30-Dec-05 NONIDAHO COMPUTER SERVICES, L.L.C.to DataNOW Customers SYSTEM UPGRADE TO WINDOWS DR License Annual Systems 1- 10 Users Discount Totals Maintenance a Utility Billing $ 30,000 (17,500) 12,500 7,500 Program Conversion $ - 0 0 Data Conversion $ - 0 0 2 days on-site installation/implementation -Travel Expenses 1,010 2 days on-site 1,360 TOTALS 30,000 (17,500) $ 14,870 $ 7,500 Authorized by: Date: I Confidential Expires February 28,2006 Confidential