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HomeMy WebLinkAbout2006.07.10 Council Workshop Packet AGENDA PASCO CITY COUNCIL Workshop Meeting 7:00 p.m. July 10,2006 1. CALL TO ORDER 2. VERBAL REPORTS FROM COUNCILMEMBERS: 3. ITEMS FOR DISCUSSION: (a) Sign Code Amendment(MF#CA06-001-CA): 1. Agenda Report from Richard J. Smith, Community & Economic Development Director and David 1. McDonald, City Planner dated June 30, 2006. 2. Revised Draft Ordinance. (b) Historic Preservation Ordinance: 1. Agenda Report from Richard J. Smith, Community & Economic Development Director dated July 5,2006. 2. May 31, 2006 letter from Brad Peck. 3, Draft Historic Preservation Ordinance. (c) Baseball Stadium Improvements: 1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated July 6,2006. 2. Proposed Schedule and Fee Proposal from SCM. 3. Shade Concept Drawing. (d) Ambulance and Emergency Medical Services Rate Study: 1. Agenda Report from Jim Chase, Finance Manager dated July 5, 2006. 2. Spreadsheet Summarizing Ambulance Revenues/Rates/Expenditures. 3. Report from HDR Engineering, Inc., on Ambulance Rate Studies. (e) Naming of Ainsworth Overpass: 1. Agenda Report from Gary Crutchfield, City Manager dated July 6, 2006. 2. Proposed Resolution. (f) Local Housing Trust Fund Oversight Committee: 1. Agenda Report from Gary Crutchfield, City Manager dated July 6,2006. 2. Letter from CAC Director to Mayor dated 6/26/06. 3. Interlocal Agreement. 4. OTHER ITEMS FOR DISCUSSION: (a) (b) (c) 5. EXECUTIVE SESSION: (a) (b) (c) 6. ADJOURNMENT. Reminders: 1. 12:00 p.m., Monday, July 10, Pasco Red Lion - Chamber of Commerce General Membership Meeting. ("RailEx Produce Train"presented by Jim Kuntz, Executive Director,Port of Walla Walla) 2. 6:30 p.m., Monday, July 10, Conference Room #1 - Old Fire Pension Board Meeting. (COUNCILMEMBER JOE JACKSON, Rep.; MAT WATKINS,Alt.) 3. 10:00 a.m., Tuesday, July 11, Senior Center- Senior Citizens Advisory Committee Board Meeting. (COUNCILMEMBER TOM LARSEN, Rep.; BOB HOFFMANN,Alt.) 4. 5:00 p.m., Tuesday, July 11, TRAC Facility - TRAC Advisory Board Meeting. (MAYOR JOYCE OLSON and COUNCILMEMBER REBECCA FRANCIK) 5. 7:00 a.m., Thursday, July 13, Henry's Richland - BFCG Tri-Mats Policy Advisory Committee Meeting. (COUNCILMEMBER BOB HOFFMANN,Rep.; JOE JACKSON, Alt.) 6. 7:00 p.m., Thursday, July 13, Transit Facility -- Ben-Franklin Transit Board Meeting. . (COUNCILMEMBER MATT WATKINS, Rep.; MIKE GARRISON, Alt.) AGENDA REPORT NO. 66 FOR: City Council Date: June 30, 2006 TO: Gary Crutchfi C Manager Workshop: 7-10-06 Regular: FROM: Richard J. Smith, Director r�� Community 8a Economic Development David McDonald, City Planner SUBJECT: Sign Code Amendment (MF # CA06-001-CA) I. REFERENCEM: A. Revised Draft Ordinance II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 7/ 10/06 Review and Discussion III. FISCAL IMPACT None IV. HISTORY AND FACTS BRIEF: A. Some time ago the City retained the services of the Beckwith Consulting Group to assist with updating the City's sign regulations. B. The Planning Commission held a public workshop in June and a public hearing in July of last year to consider amendments to the Sign Code. Following the public hearing the Planning Commission recommended the sign code be amended. In May of this year the Planning Commission reviewed and reaffirmed their recommendations for the Sign Code. C. At a June 261h Workshop the consultant presented the draft revised ordinance and answered questions from Council Members and the public who were present. D. Based on comments at the June 26th Workshop, staff made a number of revisions to the draft ordinance. i V. DISCUSSION: A. Changes of note and clarifications in the draft ordinance are as follows: 1. A definition of"durable" has been added (see page 3). 2. The removal date for political signs has been changed from five days to fifteen days after an election. This gives candidates two full weeks to remove their signs (see Code Chart). 3. Open House signs are allowed along the periphery of a roadway from 5 p.m. Friday until 8 a.m. Monday (page 14). 4. Balloons and inflatables are permitted for special event displays but cannot be more than 70 feet above ground level (page 14). 5. Non-advertising signs erected for warning or emergency purposes are exempt from regulations (page 15). 3(a) 6. There is no prohibition on auto "for sale" signs or signs on buses or taxis (page 16). 7. All businesses would be permitted to have two (2 sq. ft.) signs in the periphery of the public right-of-way from 5 p.m. Friday to 8 a.m. Monday. This would allow for yard sales, special events and other sales (page 16 & 17). 8. Non-conforming signs which must be removed within five years are limited to prohibited signs found in Section 17.10.040 and non-conforming signs annexed into the City (page 33 8v 34). B. The attached draft ordinance has been posted on the City's web site. C. Based on comments at the Workshop a final ordinance can be prepared for discussion at the July 31st Workshop. If acceptable, a formal public hearing and action can be scheduled for as early as August 7th. Exhibit A jUne ! 1 TITLE 17 SIGN •D Chapters ni form Sign Code 17.04 Title, Purpose and Enforcement 17.08 Definitions 17.10 Sign Allowance Table 17.12 General Regulations 17.16 Permits, Fees and Inspection 17.20 Design and Construction I Freestanding Signs 17,28 Root Signs 17.32 Wall Sig" i 7.36 Projecting Signs 17,44 Temporary 5igit!� --Eembrrratiarr-�it�rrs 17,46 Off-Premises Sign Tract SignSF 17.52 Nonconforming Signs i 7.56 Zoning Requi 17.60 Variances and appeals Legislative Regulations E • . . , a : -17.62.010 _ 17.02.020 Copies on file. 1A02.010 ADOPTED. The rod "1973 Edit. prepared by the internationall E.-F-ence oflBuilding Officials, and-&& hereafter arnended or revised, is adopted by the Civy --- - ernent to its 17-.02.020 COPIES ON HLEE. Three copies of the Uniform Sign Code, 1973 Edition, have filed F(3,r use and exarrin-&��� n tile office fl— _-i'Y Clerk prior t the etdoption of the artic�fre-d CHAPTER , . . .O ENFORCEMENT Sections: 17.04.010 Short title. 17.04.020 Purpose. 17.04.030 Enforcement. 17.04.040 Nonliability. 17.04.010 SHORT TITLE. This title shall be known as the sign code of the City of Pasco. __1 7.04.020 PURP05E. The purpose of this title is to pi ovide abate-welfare by regulating and co trailing the desigm, quality of matefials, eonstructi 1 e'ectrificatiom, Hanging and maimtemanee of all signs and sign 1.7.04.020 PURPOSE. The overall purpose of this title is to enhance and maintain the aesthetic character, to promote the public health safety and general welfare, and to increase the effectiveness of visual communication in the city. This title is also intended to avoid visual clutter that may adversely impact traffic and pedestrian ,safety or that may be adverse to property values business opportunities, and the city's overall appearance. The purpose of this title is implemented by controlling the design, construction location use maintenance and quality of materials of all_signs and sign structures. l 7.04.030 ENFORCEMENT (a) ENFORCING AUTHORITY. The City Manager or his appointee is authorized and directed to enforce all provisions of this title. The Building (b) RIGHT OF ENTRY. Upon presentation of proper credentials, the enforcing authority may enter at reasonable time any building, structure, or premises, in the City, to perform any duty imposed upon them +F rm by this title. (e) BOARD OF ADJUSTMENT. in order to pievide for reasonalite nterpretation of the pfovisions of this title, appeals 3hall be taken to—a board of adjustment as provided in Title 25 of this eede. (d) VIOLATIONS AND PENALTIES. It is unlawful for any person, firm or corporation to erect, hang, construct, enlarge, alter, repair, move, convert, equip, use or maintain any sign or sign structure in the City. Or cause or permit the same to be done, contrary to or in violation of any of the provisions of this title. 17.04.040 NONLIABIL17-K This title shall not be construed to relieve from or lessen the responsibility or liability of any party owning, operating, constructing, installing, altering, removing, moving, or controlling any sign in the city. f For damages to person or property inured or damaged either in person or property caused by any defect therein; rror thtN the City or any agent thereof shall not be held as assuming any tttth liability by reason of permit or of the inspection authorized hereunder or certificate of inspection issued by the city 17.04.050 CONFLICTING PROVISIONS If any provision of this title is found to be in conflict with any provision of any zoning building, fire safety or health ordinance or code of the city, the provision that establishes the higher standard shall prevail. 17.04.060 SEVERABILITY. If any provision of this title or its application to any person or circumstances is held invalid the remainder of the chapter or the application of the provision to other persons or circumstances is not affected and to this end the provisions of this title are declared to be severable. CHAPTER 0; DEFINITIONS Sections: 2 17.08.005 Generally. 17.08.005 GENERALLY. For the purpose of this title, certain abbreviations, terms, phrases, words, and their derivatives shall be construed as specified in this chapter and are to be used only for the implementation of this title. Words used in the singular include the plural, and the plural the singular. Words used in the masculine gender include the feminine, and the feminine the masculine. ALLEY - means a public street not designed for general travel and used primarily as a means of access to the rear of residences and business establishments. AREA The area of any sign s, H—be neluding any eki an part of such sign- Vy'liere separate or cut out figures or-ltttet�s are used without backing which is an integral-pa t of such sign, the area 'hall be filear5dred as the area- -41 the s-r-n-allest polygon, and not to exceed six straight-sides, which will completely enclose afl-fi-g�, arid ttlb-11-1�-j Which are a part of the sigm—The area of double faced signs fate. BOARD QF A ans the board of adjustment as set forth in Title 25 BUILDING- means any structure built for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind. BUILDING CODE- means the building code of the City. BUILDING MSPECTO OFFICIAL - means the Building +rrq�er Official of the City andor the person designated to enforce the sign code by the City Manac►er. BUILDING LINE- means a line established by ordinance beyond which no building may extend. CITY- means the City of Pasco, Washington, CODE ENFORCMENT BOARD - means the Pasco Code Enforcement Board as set forth in Chapter 1 1 .04. CURB LINE- means the line at the face of the curb nearest to the street or roadway. In the absence of a curb, the City Engineer shall establish the curb line. DISPLAY SURFACE- means the area made available by the sign structure for the purpose of displaying the advertising message. DISTRICT OR ZONING DISTRICT- means any district established pursuant to the provisions of Title 25. DURABLE- means a non -biodegradable material that withstands degradation from the elements such as aluminum metal UV protected plastics. treated or painted wood concrete, stone and similar materials_ FACE OF BUILDING- means the general outer surface of any exterior wall of a building or other structure. 3 FACADE - means the entire building front or street wall face including the grade to the top of the parapet or eaves and the entire width of the building elevation. FILLING STATION, PUBLIC GASOL E-MOTOR,FUELS - means any area of land, including any structure or part thereof that is used or designed to be used for the supply of gasoline motor fuels, also deemed to be included within this term shall be: Any area or structure used or designed to be used for polishing, greasing, washing, spraying (other than paint), dry cleaning, or otherwise cleaning or servicing such motor vehicles. HRE ZONE means Fore Zone No. 1 , as outlined by Pasco Gity Code. HEARING EXAMINER - means the Pasco Hearing Examiner as set forth in Chapter 25.84. INCOMBUSTIBLE MATERIAL - means any material which will not ignite at, or below, a temperature of one thousand two hundred degrees Fahrenheit during an exposure of five minutes, and which will not continue to burn or glow at that temperature. MANSARD ROOF - means a sloped roof or roof-like facade architecturally able to be treated as a building wall. MULTIPLE-BUILDING COMPLEX - means a group of commercial or industrial structures. MULTIPLE-TENANT BUILDING - means a single structure that houses more than one retail business, office or commercial venture but that does not include residential apartment buildings sharing the same lot access and/or parking facilities. NONSTRUCTURAL TRIM- means the molding, battons, caps, nailing strips, latticing, cutouts or letters and walkways which that are attached to the sign structure. PARAPET - means a false front or wall extension above the roof line PARCEL - means the real property on which a business is located or the portion of real property designated for use of a business. Parcel shall include all adjacent property used by a business including yards, parking lots, and storage yards. Where more than one business is located within a building, the property on which that building is located is considered one parcel. PERIMETER - means a square or rectangle required to enclose the sign area. PERSON- means and includes persons, firms, partnerships, associations, and corporations. PREMISES means the real estate as a unit upon which is displayed the sign or signs mentioned in this chapter. PRIVATE ROAD OR DRIVEWAY - means every way or place in private ownership and used for travel of vehicles by the owner or those 4 having express or implied permission from the owner, but not by other persons. PROJECTION- means the distance by which a sign extends over public property or beyond the property line, RIGHT OF WAY (ROW) - means that area of land dedicated for public use or secured by the public for purposes of ingress and egress to abutting property and other public purposes. ROADWAY - means that portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the sidewalk or shoulder. In the event a highway includes two or more separated roadways, the term "roadway" shall refer to any such roadway separately but shall not refer to all such roadways collectively. ROOFLINE - means the top edge of a roof or parapet or the top line of a building silhouette. SETBACK - means the distance measured on a horizontal plane between a public right-of-way line or a property line and the closest portion of a sign thereto. SIDEWALK - means that property between the curb lines or the lateral lines of a roadway and the ad 4 acent.property, set aside and intended for the use of pedestrians or such portion of private property parallel and in proximity to a public highway and dedicated to use by edestrians. figure,SIGN broadly construed, ineludes any advertisement name,character, delineation, annetincenient, advertising struCture, , syInbol, or any other thing of a similar nature designed to identify arty person. business, comnictlity or service or to otherwise attract attenti amd shal' include 0 parts, portions, units or materials compesing th-e same, together with its frame and baekgrotimd. "Sign" includes outdoerr adveitirshig displays and outdoor advertising snuctures, street eloeks-; barber rshop poles, amd similar devices used te identify a particular type -of bus4ness or activity. "Sign" shall not SIGN - means a name, identification, description, display or illustration that is affixed to, or represented directly or indirectly upon a building structure or piece of land and that directs attention to an object, product,,.._place, activity, person institution organization or business However, a "signn" shall not include any display of official court or public office notice, nor shall it include the flag, emblem or insignia of a nation, political unit school or religious group. A "sign" shall not include a sign located completely within an enclosed building unless the public is intended to view the sign, or the context of this chapter shall so indicate. SIGN - ABANDONED - means a sign that no longer correctly directs or exhorts any person nor advertises a bona fide business lessor, owner, product or activity conducted or available on the premises whereon such sign is located. SIGN - AREA - means the total area of a sign visible from any one viewpoint or direction excluding the sign support structure, architectural embellishments, or framework that contains no written copy, and includes only one side of a double-faced sign. Individual letter signs using a wail as 5 the background without added decoration or change in wall color shall be calculated by measuring the perimeter enclosing each letter. The combined total area of each individual letter shall be considered the total area of the sign. Module signs consisting of more than one sign cabinet shall be computed by adding together the total area of each module. Perimeter or sign area shall be established by the smallest rectangle enclosing the extreme limits of the letter module or advertising message being measured. SIGN - AWNING - means a sign that is hung from and below a building awning or canopy that may extend outwards under the awning or canopy and over the walkway or parking area. SIGN - BANNER - means flexible material on which a sign is painted or printed that is attached to a building or displayed on the grounds. SIGN - BILLBOARD - means a sign or sign structure supported by one or more uprights and braces in the ground or on a building roof upon which general advertising matter is placed, usually by the poster method. erected entirely upon private property. INK—i SIGN means any sign, other tHam a wall sign, which and is stipported by a wall of a building or strtietur.e SIGN - BLADE OR PROTECTING - means a sign that is wall- mounted perpendicular to the building that may extend upwards and above the facade and/or outwards and over the walkway ar a_p_rking area. SIGN - BUSINESS - means a sign which directs attention to a business or profession conducted, or to a commodity, service, or entertainment sold, or offered upon the premises where such sign is located, or to which it is affixed. SIGN_- CANOPY - means a sign that is painted onto the face or edge of an awning or canopy that is mounted to the building facade. SIGN - CHANGING MESSAGE CENTER - means an electronically controlled public service time and temperature sign, message center, or reader board where different copy changes of a public service or commercial nature are shown on the same lamp bank. SIGN- COMBINATION- means any sign incorporating any combination of the features of freestanding, projecting and roof signs. "Combination sign" shall include signs commonly referred to as fin signs. SIGN - CONSTRUCTION - means a temporary sign designating the contractor(s), architect(s), and engineer(s) participating in a construction project underway on the same premises. A construction sign may also include the name of the project. SIGN - DIRECTIONAL - means any sign designated and used solely for the purpose of indicating the location or direction of a place on the premises upon which the sign is located SIGN - DIRECTIONAL OFF-PREMISE- means a sign designated and used solely for the purpose of indicating the location or direction of a place 6 or business and which is located on private property separate from the I r in place o business. SIGN- DIRECTIONAL OFF-PREMISE KIOSK- means a structure erected by the City or a private party through a franchise agreement with the City in approved locations bearing multiple off-premise directional signs SIGN_- DIRECTIONAL TRAFFIC - means a sign that is located to guide or direct pedestrian or vehicular traffic to parking entrances, exits and service areas. SIGN - DIRECTORY OF TENANTS -means a sign that identifies the building or project name and the tenants which share a single structure or development. SIGN - DOUBLE-FACED - means a sign with 2 faces: SIGN ELEETWE .gm containing electrical wiring, but not including sigms n exterior light source. SIGN - ELECTRICAL means a sign or sign structure in which electrical wiring, connections, and/or fixtures are used as part of the sign proper. SIGN - FLASHING - means an electrical sign or portion thereof that changes light intensity in a sudden transitory burst or that switches on and off in a constant pattern with more than one-third of the light source that is not constant being off at any one time. one or more uprights, p-.1-1, -1 1 the ground o, any sign maintaqvied directly up -1 1, other than a cominhiab defined by this eode. SIGN - FREESTANDING PEDESTAL - means a self-supported sign permanently attached directly to the ground upon a pedestal base or monument foundation and not attached to any building wall or fence (Also called pedestal or monument sign. SIGN - FREESTANDING POLE - means a self-supported sign permanently attached directly to the ground supported by upright poles or posts or braces placed on or in the ground {Also called ground or pole si n. SIGN - FREEWAY -means a free standing sign located on the premise where the business product or service is located with said sign being within 250 feet of 1-182, SR-395 and 5R-12. SIGN - FREEWAY INTERCHANGE - means a sign that provides only regional identification for a group of businesses within an area defined by a state recognized business association with the businesses collectively occupy a minimum of 15 acres of land. SIGN - GARAGE OR YARD SALE - means a sign advertising a private sale of personal household possessions not for the use of any commercial venture. 7 SIGN - HEIGHT - means the vertical distance measured from the adjacent grade at the base of the sign support to the highest point of the sign. SIGN - IDENTIFICATION - means a sign of an informational nature that directs attention to certain uses other than businesses, individual private residences. SIGN - INFLATABLE - means a large balloon or balloon-like object greater than 18 inches in any dimension that uses blown air or a gas to remain inflated. SIGN —I INFORMATIONAL PRIVATE - means a sign placed for the convenience of the property owner used for the sole purpose of designating property control and warning signs such as "no trespassing" "no dumping" " ap trolled by dogs", etc. SIGN - INFORMATIONAL PUBLIC - means a sign placed for the convenience of the public used for the sole purpose of designating restrooms hours of operations entrances and exits to buildings and parking lots, help wanted, public telephones public notary, etc. Also included are plaques tablets or inscriptions that are an integral part of a building_ SIGN - INTERIOR - means any sign attached to the interior surface of the window of any building or structure, or maintained within the building or structure. SIGN - LANDMARK - means a sign or plaque that is attached to the surface of the building or on a site that identifies or describes the historical, cultural, social or other significance of a building or site. ed a re attacrrhcLr-�v-and rnr building supported by a SIGN MARQUEE OR READERBOARD - means a sign that displays a changinci messa e using manually mounted lettering or electronic printout that may be mounted on a building or freestanding pedestal or pole. SIGN MARQUEE OR READERBOARD - PORTABLE - means a sign that disD_lays a changing message using manually mounted lettering or electronic printout that may be mounted on an easel trailer, or other movable equipment. SIGN- NAMEPLATE- means a sign which indicates no more than the name and address of the resident of the premises. SIGN - NONCONFORMING- means any sign lawfully constructed prior to the enactment of the ordinance codified in this title, which fails to conform to the provisions of this title. SIGN - OFF-PREMISE - message any kind t conducted to the U—ness, industry or-iAh­ef-pur&uft-ttm-ducted on oi, h-e premises may _-150 carry a-non-commere E a! message addition u1splay area S1111UH-eutectisly and in art�f 8 that the sign displays, without eoming tinder the definition of an off- . means a sign that carries a message of any kind or directs attention to a business, commodity, service or entertainment conducted sold, or offered elsewhere than upon the premises where such sign is located or to which it is affixed. Signs identifying a business complex and containina the names of multiple businesses within the complex shall not be considered an off-premise sign. Signs may carry a non-commercial message equal in display area simultaneously and in addition to the commercial message. Such non-commercial message shall not be considered an off-premise sign. SIGN - OFF-PREMISE DIRECTIONAL - means a sign providing directions to a public or other community event or facility in a location different than the property on which the sign is posted SIGN - OFF-PREMISE INFORMATIONAL - means a sign providing information about events conducted at a public or other community facility in a location different than the property on which the sign is posted SIGN - OPEN HOUSE- means a sign welcoming viewers to a 12iece of residential real estate that is being offered for sale SIGN - PEDESTRIAN-ORIENTED - means a sign the primary purpose of which is to provide information for pedestrians and bicyclists., SIGN - POLITICAL - means a temporary sign that identifies a candidate(s) for public elective office, urges a particular vote on a ballot measure in a pending public election whether local state or national: or expresses an opinion on a public issue. SIGN - PORTABLE - means an unlighted business sign including paper, cardboard, wood or metal that is capable of being moved easily and that is not permanently affixed to the ground structure or building This includes a sidewalk or sandwich board signs except those. worn by a person. SIGN POSTER - means „a decorative placard or advertisement .intended to advertise a movie, theater production, video or CD or other product orspecial event that is being conducted or offered for sale. SIGN - READER BOARD - means a lighted or unlighted business si n or art of a sign on which the letters are readily replaceable such that the coov can be changed from time to time at will. SIGN - READER BOARD PORTABLE - means a lighted or unlighted business sign or part of a sign on which the letters are readi!y replaceable such that the copy can be changed from time to time at will A portable reader board is capable of being moved easily or trailer-mounted and is not permanently affixed to the ground, structure or building. SIGN - REAL ESTATE - means a temporary sin erected by the owner, or his/her agent, that advertises the real estate upon which the sign is located for rent lease or sale or directing people to the ro ert . 9 SIGN - REAL_ESTATE DIRECTIONAL - means a temporary and/or portable sign that is intended to assist people finding the location of difficult to locate property that is for sale, rent, or lease. SIGN - REVOLVING - means any sign that rotates or turns in a circular motion by electrical or mechanical means and does not exceed eight revolutions per minute. ROOF SIGN m ereeted upon or above a roof or parapet wall of a bu"d*mg or structure. SIGN - ROOF - means a business-sign erected upon or above a roof or parapet of a building or structure. Mansard roof signs shall be considered wall signs. SIGN - SANDWICH OR A-FRAME - means a temporary portable 2- faced board style sign that is readily movable and has no permanent attachment to a building..structure, or the ground. SIGN - SPECIAL EVENT - means a temporary sign advertising activities concerning a drive or event of a political, civic, seasonal, cultural, philanthropic, educational or religious event or organization that will occur intermittently. STRUCTURE Strueture meapis anything eonstrueted or erected or eornporsed of parts joined tighter im serne definite mianner. SIGN - STRUCTURE - means any structure supporting or is capable of supporting any sign defined in this chapter. A sign structure may be a single pole or may or may not be an integral part of the building or structure. . TEMPORARY S'6N includes any sign, bammer, pemnant, valance, O,r advertising dirsplay constructed of elotH, eamvas, light fabFic, I board, wit" boaI d, or other light material, with or without Frarnes, 0 ntended to be displayed for a I'mited period of time only. SIGN - TEMPORARY - means any real estate, special event, garage sale, construction, or political sign displayed for a limited period of time SIGN- TRACT- means signs used for the sale of real property in a platted subdivision, structure.WALL SIGP4 means any sigm wHieh is attached parallel to, or flat against, or as painted an, the wall or exterier of a building or SIGN - WALL - means any sign, mural or graphic design which is attached parallel to, or flat against, or is painted on, the wall or exterior of a building or structure havin a commercial message or identification. SIGN - WALL MURAL OR ARTWORK - means a mural or artwork painted to a building wall that may or may not have a commercial messa e name, or other advertisement incorporated. (Exterior surface color alone is not considered a mural or artwork.) SIGN - WALL-MOUNTED - means a sign attached or erected parallel to and extending from the facade or wall of any building to which it is attached. A wall sign is supported through its entire length with the 10 exr?osed face of the sign parallel to the plane of said wall or facade. sign painted on the wall of a building or a sign painted or attached to a marquee shall be considered a wall-mounted sign. SIGN - WINDOW - means any sign which is painted or mounted onto an exterior of a window pane, or which is hung directly inside the window including advertisements for services or products in the form of decals, emblems, paint, exposed neon, banners, etc within 3 feet of the window pane. SIGN - WINDOW TEMPORARY INDOOR - means any sign !or poster) of a temporary nature dis la ed within a commercial building on the inside of the glass or in close proximity to the window and intended to be viewed by persons outside of the building STREET - means a public or private way opened to general public use including all classes of roadways and excepting alleys, driveways and interstate freeways, but including major internal circulation corridors within parking lots. STREET FRONTAGE - means the side of the building facing a street that abuts the oroyerty on which the building is located. STRUCTURE means amy Fthimq constructed or ereeted, or composed STRUCTURE - means anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground. U.L. - means Underwriters laboratory. ZONE ZONING DISTRICT- Dostrict or zoning di5triet means any dhstHet established purstiant top the pfovisions of Title 25.See definition under District. CHAP TER 17. 10 S/GN ALLOWANCE TABLE Sections: 17.10.010 Interpretation of sign allowance table. 17.10.020 Special provisions by sign classification. 17.1 0.030 Exemptions. _ 17.10.040 Prohibited signs. 11 Sign I proposed Permit requirement I Material restrictions I I Number of signs I 1 Allowable surface area in sq ft(1) I I I Height in feet(2) I I I 1 Projection over ROW to curb line I I I I I I Spacing in linear feet(3) I I I I I I I Visible ground plane/passage area(4) I I I I I I I Setback from adjacent property line I I I I I 1 l I I Setback from ROW in feet(5) I I I I ! I I I E I I I I f I I I ! I Duration(days) I I I I i I I I I I I Notes Access, landnn.Lik,and informational signs all zones I 1 I I I I I { I I t I entry exit freestanding pedestal/po a sign yes dura R!-- 1 4 4 S 0 per exit/entry landmark wall sign/plaque yes durable 1 10 8 5 0 per building frontage informational-private(6) wall sign no durable 1 2 8 5 0 per building frontage freestanding pedestal/pole sign no durable 1 6 4 5 0 per street frontage informational-public wall sign no durable 1 2 8 5 0 per building frontage freestanding pedestal/pole sign no I durable 1 6 4 5 0 per street frontage Residential districts-RT,R-S-20,R-S-12, R-S-1,R-1,RFAH-1/1A,R-2,R-3,R-4,RMHP identification-dwelling ut wall sign no durable 1 2 8 5 0 per property freestanding pedestal/pole sign no durable 1 2 4 1 5 0 per property identification-bldg compl wall sign yes durable 1 24 20 1 5 0 per building frontage freestanding pedestal/pole sign yes durable 1 24 4 5 0 per street frontage daycare facility wall sign yes durable 1 16 20 5 0 per building frontage commercial freestanding pedestal/pole sign yes durable 1 1.6 15 5 0 per street frontage school/religious use(1 5) Iwall sign yes durable 1 24 20 5 0 per building frontage freestanding pedestal/pole sign yes durable 1 40 15 5 0 per street frontage freestanding marquee/rea erboar yes durable 1 24 15 5 0 per street frontage Office/commercial districts-O,C-1,C-2,C-3,C-R,BP,1-1, 1-2,1-3 Composite allowance-all sign surfaces maximum per sign window sign (11) no transparent na 25% 15 per building/street fronta awning sign per business yes durable 1 24 15 (2) 8 may extend over walkway canopy sign yes maintained na 25% 24 (2) 8 may extend over walkway wall sign (16) yes durable na 25% na 14 5 0 wall sign-murals/artwork(7) yes maintained na 25% na 0 of commercial message blade/projecting sign yes durable 1 125 (2) (2) S 0 freestanding pedestal sign yes durable 1 350 15 0 5 0 'freestanding marquee/readerboa yes durable 1 48 15 5 0 per street frontage "freestanding pole-tenant directo yes durable 1 12 35 0 1250 6 5 0 up to 12 tenants per sign "freestanding pole sign yes durable 1 350 1 35 0 1250 6 5 0 off-premise directional sign(14) yes durable 1 —5—F-15 S 0 Commercial/industrial districts-C-3,C-R, 8P,1-1,1-2,1-3 maximum per sign freeway sign yes durable 1 350 70 500 6 35 35 per freeway frontage per freeway lor freeway interchange.(9)sign yes durable 1 480 70 500 1 6 1 35 35 per 15 acre site minimum frontage property land freeway reader board(9)sign yes durable 1 150 35 500 6 35 35 per 15 acre site minimum 1. INN Undeveloped property Residential-lot freestanding pedestal/pole sign yes durable 1 24 8 5 0 15 after closing -tract freestanding pedestal/pole sign yes durable 1 60 8 5 0 15 after last closing Commercial- lot freestanding pedestal/pole sign yes durable 1 24 8 5 0 15 after closing -trac freestanding pedestal/pole sign yes durable 1 60 8 S 0 15 after closing Construction wall/banner sign yes durable 1 24 8 5 0 const reestanding pedestal/pole sign yes durable 1 32 8 5 0 const Real estate sales/rentals per building or property Residential zones window/poster sign no 1 2 5 0 15 after closing freestanding pedestal/pole sign(1 no durable 1 6 8 5 0 15 after closing Commercial zones 0 2 window/poster sign no 1 2 5 0 15 after closing wall/banner sign no durable 1 6 20 EtHS 0 15 after closing freestanding pedestal/pole sign(9 no durable 1 6 8 5 0 1 5 after closing Permit requirement # Material restrictions f I Number of signs I I I Allowable surface area in sq ft(1) I I I I Height in feet(2) I I ! I I Projection over ROW to curb line I I I I I I Spacing in linear feet(3) I I I I I I 1 Visible ground plane/passage area(4) I I I I I I I I Setback from adjacent property line I I I I I I I I Setback from ROW in feet(5) I I I I I i I I I 1 I I I I I f I I I ! Duration(days) I I I I I I I I I 1 I Notes I I I I I i I I I I I I Opt Open house-real estal sandwich-site(10) no durable 4 6 4 5 0 after event Special event-sales,charities,etc. Schools,churches,paf sandwich-directional(]0) no durable 2 6 4 5 0 after event farmers mkt,Xmas tre sandwich-site(10) no durable 1 6 4 S 0 after event window poster no na 50% after evebt window banner no durable 1 16 S 0 after event wall sign/banner no durable 1 64 20 S 0 after event banner-mounted freestanding po no durable 1 10 20 (2) 8 S 0 after event marquee/reader board-ports le no durable 1 18 4 5 0 after event balloons(12) no floclegradabl 15 20 5 after event Residential zones sandwich-directions(10) no durable 2 6 4 5 0 after event sandwich-site(10) no durable 1 6 4 5 0 after event Commercial zones sandwich-directional(10) no durable 2 6 4 5 0 after event sandwich-site(10) no durable 1 6 4 5 0 after event window poster no na 50% after event window banner no durable 1 16 5 0 after event wall sign/banner no durable 1 64 1 20 5 0 lafter event banner-mounted freestanding po no durable 1 16 1 20 (2) 8 5 0 after event marquee/reader board-portable no durable 1 18 4 5 0 after event balloons 0 2) no iodegrada f IS 20 5 after event in latables(13) yes ionflammabl 1 70 250 5 0 after event SR-12/395 and f-182 inflatables(13) yes onflammabl 1 350 70 S00 5 0 after event Political freestanding I nol durable. na 6 4 5 0 15 after election * Freestanding signs are not allowed within the downtown overlay zone. (1) The area within a continuous perimeter enclosing the outer limits of the sign face, but not including structural elements,which are not a part of the display.The area of a 2-sided sign equals the area of 1 side.The area of a spherical,cubical,or polyhedral sign equals 112 the total surface area. (2) Height-measured from the average finished grade at the sign foundation. Awning signs shall be least 8 and no more than 16 feet above the walkway. Blade/projecting signs shall not extend more than 10 feet above the building fagade or 6 feet from the face of the building. (3) Spacing-the linear distance between signs in feet. (4) The area under the sign that shall be free of obstructions to allow passage of pedestrians and vehicles. (5) Setback-shall be that portion of any sign or sign structure that is closest to the property line. (6) Private incidental signs must be for an original purpose and may not simply repeat the same message over and over. (7) Artwork shall not detract from appearance of other buildings in the immediate vicinity. (8) On private property adjacent to an arterial road-not within 100 feet of a public street intersection, 300 feet of a residential district,within 250 feet of a freestanding sign of 200 sf of display area. (9) Freeway interchange signs must be located within 1,000 feet of an interchange,and 300 feet of ROW,on site of business on a minimum 15 acre site. (10) Square feet per one face of a 2-sided sandwich board. (1 1) Window signs may include credit card logos and advertise hours of operation and address. (12) Balloons shall be no larger than 18 inches in diameter,not attached to a roof fine. (13) Inflatibles shall be securely anchored to the ground and not create a traffic or other hazard in the event of deflation. Inflatibles shall be measured by square feet of surface volume. (14) Off-premise directional signs shall be of the material,color,lettering font,and structure specified by the Building Official. (15) Excepting Pasco High School Bull Dogs stadium sign. 17.10.010 INTERPRETATION OF SIGN ALLOWANCE TABLE (a) The sign allowance table determines whether a specific sign is allowed in a zone district or by land use activity. The zone district or land use activity is identified in the left column and the specific sign allowances are located in the rows of the table. b If no symbol or number appears in the table box at the intersection of the column and row, the sign is not allowed in that category or is not subject to an allowance c If a number appears in the table box at the intersection of the column and row or in the column or row heading the sign may be allowed subject to the appropriate requirement and specific conditions indicated in the table footnotes. d All -applicable requirements shall govern a sign whether or not the requirements are cross-referenced in the table. 17.10.020 SPECIAL PROVISIONS BY SIGN CLASSIFICATION (a) Temporary signs Sl) All exterior real estate-signs -,.shall be placed _entirely on the property for sale except as provided below. (2) Residential 'been house" signs - are permitted only during daylight hours and during times in which the broker/agent or seller or an agent is in attendance at the property for sale The sign may be placed along the periphery of a roadway provided it does not interfere with traffic safety, but it shall not be attached to a utility pole or traffic_safety device. Such signs shall be permitted on the periphery of a, roadway only during weekends beginning at 5:04 pm Frida y and ending at 8:00 am Monday. 3 Political Signs - may be placed upon thg—periphery of a public roadway provided they do not interfere with traffic- vehicular or pedestrian or interfere with the use of any residential or commercial property. Political signs may be placed upon privately owned property with the consent of the property owner. 4 Grand Opening and Special Event Displays - temporary signs, osters ortable reader boards banners strings of lights, clusters of flags, blinking lights, inflatables balloons and searchlights are permitted only to announce the opening of a completely new enterprise, the opening of an enterprise under new management, or a special event Such displays, shall require a sign permit and are allowed only on the premises where the enterprise so advertised is located. a All banners must be securely fasten taut against the wall of a building and shall not extend above the building_ b) Tethered ballons and infiatables can not be more than 70 feet above the surface of the ground. S Garage or Yard Sale Signs - no individual lot shall be allowed more than 1 garaylyard sale sign in a single quarter of any calendar year.: (i)-no garage/yard sale sign shall be placed affixed. stapled glued, or taped to any utility ole street sin tree stop sin fence etc.- ii) no vard garage/yard sale sin shall be placed on a subdivision fence: (iii) no garage/yard sale sign shall be placed on the periphery of any roadway in such a manner as to interfere with traffic both vehicular and 14 pedestrian or interfere with any residential commercial or industrial property; (iv) no arage/yard sale signs shall be placed on private property for more than 72 hours regardless of the length of the sale (b) Duration - except as otherwise provided or limited no temporary sign shall be erected re-erected or maintained for more than 30 days unless permitted as provided hereafter. For the purpose of this regulation any sign of similar content erected subsequent to the original temporary sign shall be considered as the original sign for the time limitation contained herein. 17.10,030 EXEMPT SIGNS The following signs shall not require a sign permit. These exceptions shall not be construed as relieving the owner of the sign from responsibility of its erection, and its compliance with provisions of this code or any other law or ordinance regulating the same: (a) Changing of the advertising copy or message on theater marquee, readerboards, and similar signs; considered _ �Itera (b) Painting, repainting cleaning repairing and other normal maintenance, unless structural or electrical changes are made: (c) A sign not exce e feet in area-,- advertise3 the 3ale, rental or Uporrwhich the Mgn is located. Only !)ne such Sign Shall be permitted on any partzel of real estate-, S construct on, Individual td on a single-U-a 1-ing not exceeding thirty two sq-traie Fee in a. with this paragraph: ._--morial sign oi- tablet, and the maine eess of ten 8qtMre-f"V (f) A sigTr-not exceeding, square Feet on area designating t1te location of a public utility fladfity availabl@ fluor public use, incluth-mg telephones; (g) S �ns relating to elections. Signs shall be removed wit i (ft cc) Signs erected or installed by or at the direction of the City, such as traffic signs, legal notices, railroad warning signs, signs showing the location of underground public utility facilities, and other signs of a non-advertising nature erected for warning or emergency purposes; .cater ocation or d6rection of"lace or area on the pteinises upon which located, neluding signs, irtay be er-c-ted in addition o all othei signs permitted-by (1) Dwrectional tertY J shall "tiare feet ai ea, permitted p� on any pareell of reai property, U d) Interior signs, provided that no interior sign shall be permitted in the turban R-S-20. R-S-12,_R4R-S-1 , R-1 and R-2, R-3, R-4, R-1-A and R-1- A2 zoning districts; (k) Signs 1 )cated inside the purnp line an''or advertising of products available for bjec u. &j7ortttbje-ftatttf-e- Temoorary signs and decorations that are customary for special holidays and that are erected on private property; 15 (m) Signs directly related to a municipal building structure or installed by the city or required by a governmental entity: n Bona fide religious symbols: (o) Traffic or pedestrian control signs signs required by law, or signs indicating scenic or historic points of interest that are erected by or on the order of a public officer,in the performance of his public duty: Sculptures, fountains mosaics and design features that do not incorporate advertising or identification: The flag of governments or noncommercial institutions such as schools, with the poles treated as structures )Official public notices of federal state or local governments official court notices: (s) Signs not intended to be viewed by the public from the street right-of-way: t Lettering or s mbols painted directly onto or flush-mounted magnetically onto an operable vehicle meant only for incidental identification only: (u) Identification signs upon recycling collection containers for public charitable or nonprofit organizations M Emblems of local nonprofit organizations and community service clubs: including signs less than two square feet that identifv the meeting place and time. 17.10.040 PROHIBITED SIGNS From and after the effective date of this chapter, it is unlawful for an person to maintain, erect or place within the city_ (a) A swinging proiecting signs (b) Signs attached to or placed upon a vehicle or trailer parked on private or public property designed to operate as a de facto permanent advertising si n. This provision is not to be construed as prohibiting the identification of a firm or its grincipai products on a vehicle operating during the normal course of business. This does not include automobile for sale signs or signs attached to franchised buses or taxis: c Private signs placed in or upon a public right-of-way, except as expressly provided herein: d Anv sign that constitutes a traffic hazard or detriment to traffic safety because of size, location movement content or method of illumination. Any sign that obstructs the vision of drivers or detracts from the visibility of any official traffic control device because it diverts or tends to divert the attention of drivers of moving vehicles away from traffic movement on streets, roads intersections or access facilities. No sign shall be erected so that it obstructs the vision of pedestrians, or which by its glare or by its method of illumination constitutes a hazard to traffic. No sign may use words phrases, symbols or characters in such a manner as to interfere with mislead or confuse the steady and safe flow of traffic-, (e Any sign or advertising structure or supporting structure that is torn, damaged, defaced or destroyed• (h Signs attached to utility poles trees rocks or other natural features: filSigns attached to fences (i) Signs attached to benches on public rights-of way• (k) Billboards and product advertising signs; roof signs including signs painted directly on a sloped or gabled roof surface- strobe lights, lasers strings of streamers: and all other signs not otherwise specifically authorized or exempted by this chapter. I Off-premise signs except those expressly ermitted herein and except that a maximum of two such signs no more than 2 square in size 16 shall be permitted in the prehipery of the right-of-way only during weekends beginning at 5:00 pm Friday and ending at 8:00 am Monday. provided they do not create a traffic hazard (m) Bailons or inflatables attached anchored or tethered to a roof of a building- CHAPTIR 17. 12 GENERAL RIEGULATIONS Sections. 17.12.010 Generally. 1 7.1 2.020 Fire exits. 17.12.030 Traffic obstruction and visibility. 17.12-040 Obscene matter. l 7.12.050 Removal of dangerous and/or illegal signs. 17.12.060 Abandoned signs. 1 7.1 2.070 Property owner's consent. 1 7.1 2.080 Projection over public property. 1 7.12.090 Relocation required. 1 7.12.100 Clearance from power lines- 17.12.110 Aerial power source. 1 7.1 2.120 Public address systems. 1 7.12.1 30 Display vehicles. 17. 12.010 GENERALLY. No person shall erect, reconstruct, alter, relocate or place any sign within the City except such signs as are permitted by this title. All signs, including the frames, braces or supports thereof, shall be constructed and maintained in compliance with this title, the building code, Title 25, and all other applicable ordinances of the City. 17. 12.020 FIRE EXITS. No sign or any portion thereof shall be anchored to, or attached to, or supported by any fire escape or any standpipe, or erected so as to obstruct or prevent the free ingress and egress from any window, door or fire escape. 17.12.030 TRAFFIC OBSTRUCTION AND VISIBILITY. No sign shall be erected so as to obstruct the vision of vehicular traffic, or at any location where it may interfere with, or be confused with, any traffic signal or device. Ve incits in width e corner-lot within a tYt$ tt$ rreasired-2-��g the property lime From the intersection of 2-�� No sign or sign structure shall be erected within the vision triangle of a corner lot property measured (20 feet along the property line from the intersection of 2 streets or T 5 feet from the intersection of a street and alley. 17.12.040 OBSCENE MATTER. It is unlawful for any person to display signs determined to have or connate obscene discriminatory or vulgar message image or other content. 17.12.050 REMOVAL OF DANGEROUS AND/OR ILLEGAL SIGNS. If the Building Inspector Official finds that any sign is unsafe or insecure, or is a menace to the public safety, or has been constructed, erected, relocated or altered ttfe—, in violation of the provisions hereof; he shall give written notice to the owner or the tenant of the property wherein it is located to remove or alter 17 such sign. If the owner or tenant fails to comply with the provisions of this title within 10 days after such notice, the Building fns-pte-tef Official may cause such sign to be removed and the cost thereof shall be paid by the owner or tenant. The Building Inspector Official may cause any sign that is an immediate peril to persons or property to be removed summarily and without notice. 17. 12.060 ABANDONED SIGNS AND FRAMES. Any sign, including support frames, now or hereafter existing which no longer advertises a bona fide business conducted, or a product sold or service rendered, shall be removed or the advertising copy shall be painted or coated out. If the property owner or tenant fails to do so within 30 days after written notice from the Building tnt-pettef Official, the Building inspecto Official shall cause the sign to be removed or painted out and any expense incident thereto shall be paid by the owner or tenant. All sign frames and supports of abandoned signs must be removed within one year of the date of abandonment or business closure. 17. 12.070 PROPERTY OWNER'S CONSENT. It is unlawful for any person to place, attach or maintain any sign, banner, card, sticker, handbill or other advertising device upon or within any property, whether public or private, without securing the consent of the owner or their his, tenant. 17.12.080 PROJECTION OVER PUBLIC PROPERTY. No sue}} be or otherwise located oi or allowed to extend atktefwY ULJLU111CU —ZiL the board Signs supported entirely on private property may extend into the public right-of-way as set forth in the Sign Allowance Table No-3--A (Seta Chapter 17.10 17.12.1-30), provided that in no event shall any sign be permitted to extend beyond the curb line. in the absence of a curb, the curb fine shall be established by the City Engineer. —Sign-&�wteud en rely on pi-mvate-preptfty-ntay-extentPdp-to-1-2 a publi- a'ley shall have a rninimum of i 4 feet clearance betvveen the, bottorn of tite-5ign ctuie and the surface of the ground or sidewalk belovvt� 17.12.090 RELOCATION REQUIRED. Any sign which is pefniftted to extend o - to be maintained on, any property in which he b- person rnaintaining removed or - T itg"r,, at In s s-I expense, or, 1 f relocation e tied existence n cons stent with the pti-rpose for which e to be used.. The Building Official may, on 10 days written notice by reason of changed traffic conditions or the construction or relocation of public improvements or otherwise find that a private sign that extends over or maintained on a public property must be relocated The person maintaining such sign must remove, relocate or alter the sign in accordance with the Building Official's finding at their sole expense. 17.12. 100 CLEARANCE FROM POWER LINES. No sign shall be constructed or maintained which would have less horizontal or vertical clearance from communications lines or electric power lines than the 18 clearance prescribed by the Electrical Construction Code of the Washington State Department of Labor and Industries, • (Section 1 7.i 0)- In case of conflict, the most restrictive shall apply. Whenever it becomes necessary for workmen to be less than 10 feet from any electrical conductor carrying more than 600 volts, the sign contractor shall notify the proper utility company to provide a standby service crew. 17. 12.1 10 AERIAL POWER SOURCE. No aerial or overhead power source shall be allowed for any type of sign. 17. 12.120 PUBLIC ADDRESS SYSTEMS. (a) STATIONARY. No person shall use or operate any public address system, loudspeaker system, or sound amplifying system, whether the source thereof is a human voice, electrical recording, transcription, or musical tone, in connection with or attached to any stationary sign, in such manner as to allow the sounds emitted therefrom to be audible on any streets or sidewalks within the City without obtaining a permit.—fro,-Rre beard-e f adjustment therefor. In granting such permit, the bird __ty_may establish reasonable conditions thereon and shall prescribe the hours during which any stationary sound equipment may be used. fb) MOBILE. No person shall use or operate any mobile public address system, loudspeaker system, or sound amplifying system, over or upon the public streets within the City without first obtaining permission to do so from the Police Department. In granting such permission, the Police Department may establish reasonable conditions thereon and shall prescribe the hours and areas where the vehicle may be used. No-perrnit fee shall be required for hi, type operation. 17. 12. 130 DISPLAY VEHICLES. Display yehicles areprohibited per Section 1 7 10.040 (b). vehicles beinqtrantp-o-��ghl -0-le City-in-the-co-turse- t No person shall maintain within-the City, or mov-@-upon the ptibffe Vehicle is th f- -T+Fe-���this section shall not be n movernent specific desti he most direla and shortest route to that Projection-of signs t over-pt6hc right of way L 1 1. L R from lJTTf curb I r-rre Ti�CQTb-1 II I C AB LE-NO-. 3-13 Clearance ser=vice poles and service drops Clearance 8,70MV to 15,00) 8 o $ 0 19 to 50,000 . . -- r ivt,n ,,Xeess Of CHAPTER PERMITS, FEES AND INSPECTION Sections: 1 7.16.010 Permits required. 17.16-020 Application. 1 7.16.030 Exemptions. 1 7.16.040 Fees. 17.16.050 Maintenance. 17.16.060 Inspections. 17.16.070 tt-±—. Approval. 17-16.010 PERMITS REQUIRED. No sign shall hereafte, be"ereetec�, re erected, hung, eenstructed, or altered ot-maiwained except as provid by this for the same has beeii issued by the BU-1:1161-113- inspector No sign shall hereafter be erected, re-erected constructed altered. or maintained until,a building permit shall have been issued by the Building Official as provided by this chapter except for those limited_duration and temporary signs as defined in the Sign Allowance Table A separate pemit shall be required for each signs (a) Permit - Number Required. A separate permit shall be required or a sign or signs for each business location. It the business entity's sign is part of a group of signs for a business location only one permit shall be required at the time of application. b Permit - Time Limitation If, after the issuance of a sign permit the operations authorized thereunder are not completed or substantially completed within 180 days after the date of the vermit. such sin permit shall be automatically null and void (c) Revocation of Permit. The Building Official may, in writing, suspend or revoke a permit issued under provisions of this chapter whenever the permit is issued in error or on the basis of incorrect information or whenever the sign is in violation of any ordinance, reaulation or provision of this chapter. d Change of Co - the holder of a permit, for the duration thereof, shall have the right to change the advertising copy on the structure or sign for which the permit was issued without being required to pay any additional fees 20 (e) Wall Sian and Mural Maintenance Failure to properly maintain the mediums used within a painted wall sign or mural or artwork as defined herein shall be sufficient grounds to revoke the sign permit. (fl Interpretation In all aoolications for permits where a matter of interpretation arises the most restrictive definition shall prevail. 7.16.020 APPLICATION. Application for a sign permit shall be made in writing upon forms furnished by the Building fnspeeter Official. (a) —flhe location by treet of the-papas ed structure; The niarne and address of the pr.eperty owner or attt; Y_ be structures af�d other signs on the sarne pare-el, is designed In aecordance vvith this eodt—sh-aWbe furnished to the-A-Uilding ch are for I :W to will ---- d n b- �c erection� - fDC ri-av'zt7c prepare' 'Y a civil or strtletural ateof Washington' (f) and shall include h-­otJitf information as the Building frts-petter Official deems necessary to show full compliance with this and all other laws and ordinances. 17. 16.030 EXEMPTIONS =see 17. 10.030. The foHowr�s shall not require a sigi i permit. x reljeving the owner of rr# �dfn eo -o anee regulating-the sarne, (a) __ of the advertising r-opy or message on­-tht­ate�r eaming or any sign—sh-a�� (e) exceeding trx-strtwe feet an area, which advertises tIJCJ lIICSQTC-,TZi7CG' permitted vVill if he Sig!! n area 1.7enet Tng tht­arehiteeta-,-e­�ers and �t date of erection, VVI{CI not in exttsi-erf-ten square feltv, zlylv lot CAI_ It Ptah the e Fw, public use, within ten days after the TUB , ii � T �0g the t I and other signs of a the may U.. .. «.•.J aJJf+• CC 2 0 Directional signs shall not exceed four squar� feet in area, (2) No more than eight perrmitted procittet F— 1-1 1 he"-stigm would be , 17.16.040 FEES. t shall be d by a nonrefundable fee of five dollart.—If-a-"g-m ,Ve a-T pe—n horn complyin"ith all either this title nor from the A nonrefundable fee shall be paid upon the filing of an application for a sign permit in accordance with the sictn fee 17.16.050 MAINTENANCE. All signs, inc-Ijuding, installed prior to the adoption of the ordinance --o-dified III LIII'D LiLle7 shall be constantly maintained in a state of security, safety, and good repair. It shall be the responsibility of every owner of real property and hiss their tenant or other person in possession of such property with the consent of the owner to maintain every sign on such property in strict compliance with this code. 17.16.060 INSPECTIONS. All signs for which a permit is required shall be subject to inspection by the Building Inspector Official, or his authorized representati The permit holder shall notify the Building fnspeetar Official when the following work is ready for inspection and shall not proceed further until such work has been approved: (a) Footings- before any concrete is poured for freestanding signs or any other sign partially supported on or attached to the ground; (b) Electrical- signs containing electrical wiring shall be inspected befofe erect by the State Department of Labor and Industries; (c) Final- to be made immediately after erection. fabek 17. 16.070 U.L:APPROVAL. All electrical -5-4gn� 51'rall bear the IJ.L.ial Each sign shall be adequately constructed - in accordance with the requirements of the International Building Code and Sign Codes, as amended: (b) Sians containing electrical circuitry - shall meet the requirements of all state laws and shall include an approved testing lab sticker. CHAPTER CONSTRUCTION Sections: 17.20.010 General design construction 17.20.020 Construction 1 7.20.010 GENERAL DESIGN CONSTRUCTION (a) GENERAL. All signs shall be designed and constructed to resist wind and seismic forces as specified in this chapter and the International 22 Building Code (IBC). All bracing systems shall be designed and constructed to transfer lateral forces to the foundations. For signs on buildings, the dead and lateral loads shall be transmitted through the structural frame of the building to the ground in such a manner as not to overstress any of the elements thereof. The overturning moment produced from lateral forces shall in no case exceed 2/3rds of the dead-load resisting moment. Uplift due to overturning shall be adequately resisted by proper anchorage to the ground or to the structural frame of the building. The weight of earth superimposed over footings may be used in determining the dead-load resisting moment. Such earth shall be carefully placed and thoroughly compacted. (6) WIND LOADS. For the purpose of design, and exeept for roo s wind pressure shall be taken upon the gross area of the vertical projection of all signs at not less than 15 pounds per square foot for those portions less than 50 feet above the ground. direction.Wind pressure upen roof signs and their suppapts shall be takem at, not less than 30 pettmels per squaie foot of the gress area of the pl surf-ace acting On any In calculating wind pressure on cylindrical or spherical signs or sign structures, this pressure shall be assured to act on 6/10ths of the projected area. In all open frame signs, the area used in computing wind pressure shall be 1 .5 times the net area of the framing members exposed to the wind. {c)SEISMIC LOADS. Signs and sign structures shall be designed and constructed to resist seismic forces as specified in the building code. (d) COMBINED LOADS. Wind and seismic loads need not be combined in the design of signs or sign structures; only that loading producing the larger stresses need be used. Vertical design loads, except roof live loads, shall be assumed to be acting simultaneously with the wind or seismic loads. (e)ALLOWABLE STRESSES. The design of wood, concrete, or steel members shall conform to the requirements of the building code. Loads, both vertical and horizontal, exerted on the soil shall not produce stresses exceeding those specified in the building code. The working stresses for wind or seismic loads combined with dead loads may be increased as specified in the building code. The working stresses of wire rope and its fastenings shall not exceed 25%of the ultimate strength of the rope or fasteners. 17.20.020 CONSTRUCTION. (q) GENERAL. The supports for all signs shall be placed in or upon private property and shall be securely built, constructed, and erected in conformance with the requirement of this title. (b) MATERIALS. Materials of construction for signs shall be of the quality and grade as specified for buildings in the building code. In all signs, the materials and details of construction shall, in the absence of specified requirements, conform to with the following: (1) Structural steel shall be of such quality as to conform to VM-h standards of the building code. The thickness of sheet metal, when formed integrally with the display surface, shall be not less than No. 24 gauge. When not formed integrally with the display surface, the minimum thickness of the secondary members shall be not less than No. 12 gauge. The minimum thickness of hot-rolled steel members furnishing structural 23 support for signs shall be of sufficient strength to support the loads imposed upon them. Steel pipes shall be of such quality as to conform to with the building code. Steel members may be connected with one galvanized bolt provided the connection is adequate to transfer the stresses in the member; (2) Anchors and supports for signs, when of wood which are embedded in the soil, or in direct contact with, shall be pressure treated with an approved preservative before erection; (3) No material, part, portion, or equipment shall be used in any sign that which might become dangerous because of vibration, corrosion, disintegration, or any other reason. (g) RESTRICTIONS ON COMBUSTIBLE MATERIALS. All signs and sign structures erected in Fire Zone No. 1 shall have structural members of incombustible materials. Freestanding signs may be constructed of any materials meeting the requirements of this title, except as provided above. Combinatien signs, roof all signs, blade or projecting signs, and signs on awnings or canopies or marquees shall be constructed of incombustible materials, except as provided in subsection (d) of this section. No combustible materials other than approved plastics shall be used in the construction of electric signs. (d) NONSTRUCTURAL TRIM. Nonstructural trim may be of wood, metal, approved plastic or any combination thereof. (e) ANCHORAGE. Members supporting unbraced signs shall be so proportioned that the bearing loads imposed on the soil in either direction, horizontal or vertical, shall not exceed the safe values. Braced signs shall be anchored to resist the specified wind or seismic load acting in any direction. Anchors and supports to the ground shall be designed for safe bearing load on the soil and for an effective resistance to pull-out amounting to a force 25% percent greater than the required resistance to overturning. Signs supported by frames or posts rigidly attached to the base but not anchored into the ground shall be so proportioned that the weight and size of the base will be adequate to resist the wind pressure specified in Section 17.20.010. Signs attached to masonry, concrete, or steel shall be safely and securely fastened thereto by means of metal anchors, bolts, or approved expansion screws of sufficient size and anchorage to safely support the loads applied. No wooden blocks or plugs or anchors with wood used in connection with screws or nails shall be considered proper anchorage, except in the case of signs attached to wood framing. No anchor or support of any sign shall be connected to, or supported by, a parapet wall, unless such wall is designed in accordance with the requirements specified in the building code for parapet walls. Cables, chains, wires or other flexible or loosely connected members shall not be considered as adequate fastening, except for cloth signs and banners. No sign shall be erected within the City unless the same is securely affixed to a solid foundation or constructed so as to prevent the movement of the sign in a swinging motion. (c) WORKMANSHIP. All sign must be designed, built and or lettered in a professional workmanship like manner. 24 Cl APTER 17.24 FREESTANDING 5IGN5_ Sections* 17.2-4.010 GeftefftHr 17.2-4,020 Design. 17.2 030 1 1@4ght. 17.24.050 Dispiay area. 17.24.070 Visib"ity. 17-24.010 GENERALLY. Freestanding. gv 1 meeting requirements of this title, ex--ept -as- pro-vided in Section I . +pL V DESIGN. rTeLST2TITQITfg"`S accordance with the requiremerrts--�Iifileu III _­t- i 7.2 -3V f the total height of - heestanding si n shall not exceed fifty feet. The board of adjustment may grant a vafiance of up to fifteen feet in height malrOng the total height of up to sixty five feet. (b) Freestanding igrr,g. Shall net exceed thirty feet in heig4tt within the geographie area lying south of "N' Street and on either side 0 the c. ..li._,. of 1 n.V Avenue r-- - ist-airt.e_F t thousand r__t 17.241.0466 PRQJEECTlet�. Freestanding signs shall not preject over ��2,4-a5 -IYO'�-c cc2u alp..-- L..nJ_ed fifty square feet. E)ne freestand' be placed and maintained -on-any parcel that is terr thousan� sq-tiare feet or kerms5. An -a licestandhig s.gn may be ­-mitted on parcel for each addationa' Ween-t-housand square feet or major portion thereof, provfded the provisions of Section 17.56.1 i()(c) are followed- square-feet shall eal feet to each other,not be placed closer than tvvo hundred fifty Public gasoline filling stati Ta ine and/or building 17.24.070 VISIBILITY. Freestanding signs F� line. six 1_ beme—i the bottorn of the Mgn and the grou eve' below Jrt addition, the provBmons of Secfion i 7,12.03), shall apply. 1 7.2 FIRE RL CTRIETll\ C E. � e electric signs may ­_aces of cormbusfible material F I I C LVTIC lNo.T-: p_7�� ROOF 17.28 ROO SIGNS �fetf$t1�` 25 17.2 8.01 E) Generally. 17.28.040 Projection, Tl . 17.28.060 Display a e a. 17.28.0-10 !1 A I !\/ ncombustmWe materials except as specified in Section i 7.20.020(d). 17.28.015 RESTRICTION. No roof signs sl rmit�rTTTff and shall be designed in accordance with the the geographic area lying south of "A" Street and on either,side of ti-ve 1 7.28.02E) DESIGN. Roof signs 5hall be thoroughly secured and anchored to the frame of the building over which they are constrdcted ified. et`1 742E 17.28.030 1 1EIGI IT. The total height ef a roof sign - oof at the P'ace at wlimch it is located shail not exceed ten feet or thirty percertt of the height of the bdHding, whichever is greater, upen which it is erected-. i 7.28.040 PRQECTION. Roof signs shall not project over pubitif property or beyond a lb u l4dft�g�- .28-050 CLEARANCE AIND ACCESS. Passage clear of aR obstructions sha ! be left tinder, around or through all roof signt-exteedifts a height of four feet abonve Hle 1-of-theflett -f -Sueh Passage shall be at, 17.28.060 DISPLAY AREA. fhe maximurn area of any roof sign s be compdted accordance with the following tabit- leiqht of Building Maximdm Sign Area in feet at Eaves m Sqtrafe-fe-et 26to35 150 -A� to 55 ccv 56 and over 260 C-1'HAFTE R 17.32 WALL IBS sectionsw 17.32,020 Design. 17-32,030 Thickness. 1 ?.32.040 Display area. t 111"y be constructed of any mater:al exce t as provided in Section 11 7-20.020 (Cl'. 26 ...all signs shall he de-sig 17.32.()20 DESIGNI. vv I Ii gned in accordance with the is speef#ted-On Ehapter-1-7-2-&-. 17.32.030 T!IICKNESS. The thickness of a wall sign is the distance fi-ont-the which it is attached, to the face of the sign. No wall sign thickness.shall exceed eighteen inches im -Wai+- adjacent to an alley shall only have there is a mminimum of fourteen fee ci,eaiamce between the bottom of tL-- and the surface of the ground below. 1 7.32.04E) DISPLAY AREA. (a) The total area of a" wall signs On any vva'! of a structure shall not exceed twenty five percent of H.- —11 rem mcluding openings, when said wall area exceeds five hundred the total area of such wall signs shall not exceed one hundred �....... square feet plus five percent of the-waIF-e- excess of five hundred , square-feet. (b) The board of adjustment may grant special permit authciriming additional display area, after publie Theai-ing and On accordance with the fo"ovv"ng r . H) Additional display area shall not e8ntain--any wards to identify a business service or product (2) The addotmonal display area should be used fot graphics, illustiations, murals or other mediums which vvH' not detiact m appearances of other buildings in the immediate , (3) Failure to properly r z the m edtlsn s--� vv thin the additional display area shall be sufficient gro I L— U-1 U, after public hearing, to revoke the special permit. .32.050 1 IEIGI IT. No wall sign shall extend beyond the top-crf-t+te wall or beyond the ends of the wall to which it h td- N AffER--+q--3-6 PROJECTING SIGNS Sections. 17.36,010 Generally. 17436.020 g-n- 1 3 non rl.._..�� — 17-36,050 - ��.n-arurr 17.36,060 Display area. 1 7.36.E)i 0 GENERPALEY Projecting signs may be constructed of any materials, except a, speeified in Section i 7.20.020-(,c-)-. 17.36.620 . accordance "he . 17.36.030 PROJECTION'. ns-rrr distance determined by the elearance of the bovlom, above the level of the . . - -- -ade ately below, as set forth in Table Ner-. 17.36-040 THICKNESS. The thorkness a f a-projeethtg sign shall rfot exceed eighteen inches- 27 than -.. fee, horizontally projecting or combinafion sign, no flosei than five feet to any side ------+"6.060 DISPLAY AREA. Projecting smg!-.,- eXeeed one, hundfed twenty fi square feet M area. ( } watt of the buo'ding or 5tructure upon which it is attached for a distance mi excess of thirty percent of the total height of stich wall face measuricu from a point directly below such sign. C!'nnrrn 1.7 An �f17°CI-TCTC' i 7-Ft V COMBINATIeN SIGNS s s- 17,40010 Generally. 17 40 1740 30 - Tearamce. i_7.A n_9II-060--. Access. Display area. 17.An 0 1 n !'C 1C1\ LCT. -LIITfiU171ZIT ii fit is except as provided in Section 17.2 0.0 2 0(e). 17.40.020 DESIGN. A" supports of combination signs shall be and erected to comform with the req­h ijedfied in Chapter 17.20. T._-W O--_PRflJEETfOW Solig ject over public proper" distance determined by the cleara.." onoms the eof above fre level 17.40.040 THICKNESS. Thickness of a combination sign shall i exceed eighteen inehtes-.- H.40.050 CLEARANCE. Combination signs shall be located ii-in closer than ten feet to any other combination or projecting sign, nor do than five feet to any sWe property 'an-%-- 17.40.060 ACCESS. Where appficable, access Fequirements-of Sectmon 17.28.050, shall apply. 17.40.070 DISPLAY AREA. Combination signs shall not exceed one hundred fifty square feet in area. An AB !EIGHT:----�he total height of a combination sign above � the .--F at the place at which it is located shall not exceed ten feet or thirty Percent Of thTe height f M__-Uttf u 1, g.eater, upon which it is attached. C' E e nrrn 17.44 2° �eet�arts� TEMPeRARY SIGNS 17.44.01 E) Generally. 17.44.020 Temporary Ute- � d . i 7.44.050 Display area. 17.44.060 Projeefion over public property. 17.44.070 Restroct'ons. 17.44.010 GENERALLY. Temporary signs may be erected in ad6t t--eomtslying with the provisions of Chapter 17.20, if they comply 17.44.020 TEMPeRARY USE. No ternporary­sigfl-s­��� business service, prOduct-or event-wohitch is mot available on the premi.,- s-shaft be valid for period of fifteen days from the date of issuance. No`te Fary sign perm t under this chapter shall e(1tain upty expiration date of the permit. 17.44.040 PERMIT ANILD FEES. No person shall pei mit or rnam ternpomy si,,­ ­­­-of sox square feet until a permit therefor has beer obtaimed from. Building Inspector Official. Arpimeations For temporar signs shall be made on forms provided by the Building Inspector efficiai No moie th�n four temporary May be issued in an, calendar year for the f4ar d. DISPLAY - -T1'"ig regate display surface area of all temporary atc-e-1--of4and shall not exceed thirty six square Teel. N17 _ve sqtjare feet of the total permitted display area e t t feet. __1-7-.4 4.Ou 6 Ou PROJECTION OVER PUBLIC PROPERTY. No temporaty stgt r--�h provided, h ever, that the Btrildintg- gae-a �e119�t� for-the—erection or ma4ritemance of banners, flags-,-bunting and sirniia,r devices over any public riglit-of-wa" +iiu5 iliac suui devil­ mamntaned ' - - __.-. i with an event of a general civic and pubhW conducted withim the Eity. The Bttr+drrrg-f ton6 'tomY o with the ptirposes of this title. .&TO-- d or maintained in any residentia except those signs designated in Sectaon 17.16.030. CHAPTER • OFF-PREMISE Sections: 17.46.010 Generally. 29 1 7.46.020 Off-Premise Sign Corridor. 17.46.030 Zoning, 1 7.46.040 Property Requirements. 17.46.OSO Design. 17.46.060 Height. 1 7.46.070 Display Area. 17.46.080 Setbacks. 17.46.090 Spacing. 1 7.46.100 Non-conforming Signs. 1 7.46.1 10 Off-Premise directional sign standards. 1 7.46.120 Off-Premise directional sign location & approval requirements. 1 7.46.130 Standards and locations for off-premise directional sign kiosks. 1 7.46.140 Off-Premise directional kiosk sign design. 1T46.1 50 Eligibility requirements to use kiosk space. 1 7.46.160 kiosk franchises_ 17.46.010 GENERALLY. Except where otherwise specifically permitted by this title, no person shall erect or maintain any off-premise sign of any kind within the City of Pasco except in compliance with this chapter, and in accordance with other provisions of this title. 17.46.020 OFF PREMISE SIGN CORRIDOR. All off premise except those as defined in .-__ hafl-be--wit-h� corridor located along St.2. . .... 12 and 3 9 S and Interstate 1 1 182. The con Fdor sha'! 11"—'e -1-I y-the land area withii i 2,000 feet of the line, _1 —id highways. 17.46.039 ZONING. Off premise signs, except se &3 a..r•__d 1-7$ . corridor on lands zoned E 3 (General Business)-,�'�Ind_t. �2 (Medourn industrial). 17.46.040 PROPERTY REQUIREMENTS. Off premise .-"Prt off premise directional sIT-1 kiv-SIK-S s-14,`ar'ru, en }s . 17.46.050 DESIGN. Off-pi-rit— ­%JjI5 shall be --signed accordance with the pr'IyVi.31%jI[3 it Chapter ! 7.2e and this tit addelition, any such sign 150 square feet of display area, loca eel to a v s on triangle as defined in 2S.74.030 (7), shall have an opell Spat-c- VI not 'ess tham six Fee, between the bottoni Of t ground level below- 17.46.060 C 4T---Except---as- f"t: DISPLAY AREA. The niaximurn display area of an off- pi-mise shall be three hundred (300) square feett, I.ith no 1­1 -1 display area. i n 17.0 8.12 7 an Ud 11 7 Ou U".I be setback from all property lines a -distance equal to oi �1- d" height of th Ufle ri�arc-Bran r _ a u 30 ,_`except those as defined .090 SPACING. No'Tf7 V0-T'7 and 17-08.129, s fail-�be located closer than 500 feet to :W thin 300 fe-It of a resgdentmal district. in .•.. diti...••..• of -Nei':"- ."ynf with over tw�dred !square feet of display area sha4-�ocated within ..hich contains over two hundred square feet of display area. i 7,466.1 V0Vn P-11,01-4-CON FORM lNG SIGNS. (a) Off�-Prernise signs which de no, conlorm to the requirerment5 established above shall be removed Within five J5+--Veffls U1 ­ ­­ ­ s ordinance, except as provided in subsections (b) and (c) bekwv. (b) in the event a non conforming N 51 gn frorm the P.WPI-.Ly. period fixed by written notice shall not exceed 60 days. (c) if the removal of I�•'/ ­t accordance vVith RCW 47.442.107, compliance by written n—li- 17.46.1 l0 OFF-PREMISE DIRECTIONAL SIGN STANDARDS. All off- premise directional signs as defined in 17.08.127 shall conform to the following standards: (a) Be constructed of an aluminum sign stock or alternate material of equal quality approved by the Community & Economic Development Director; (b) Be affixed to the ground by a metal post of a gauge, size and height equal to those used for the erection of stop signs and standard street name signs; (c) Sign faces shall not be larger than 2 feet by 2.S feet in size; (d) All sign backgrounds shall be painted white with a blue trim or border as approved by the Community & Economic Development Director; (e) Lettering and arrows shall be painted blue and of the specified lettering fonts. e as approved by the Community & Economic Development Director; (fl Lettering fonts shall be approved by the Community & Economic Development Director; (g) All signs, including the lettering thereon, shall be produced by a professional sign company. 17.46. 120 OFF-PREMISE DIRECTIONAL SIGN LOCATION & APPROVAL REQUIREMENTS. Off-premise directional signs not proposed for approved kiosks may be permitted in commercial or industrial zones of the City through the special permit process provided the following conditions are met. (a) The business or place requesting the special permit must clearly demonstrate it is in a location that is difficult and or confusing to find; (b) The business or place does not have direct access to an arterial street. (c) That there are no other reasonable and cost effective alternatives of directing individuals to the business or place ; (d) Be supported by findings of fact developed through the review criteria in 25,86.060; (e) Located on private property; and M Not be adjacent locations identified in 17.46.130. 31 17.46.130 STANDARDS AND LOCATIONS FOR OFF-PREMISE DIRECTIONAL SIGN KIOSKS. Due to the lack of intensive development and or the existence of new streets, certain areas of the community will be permitted to have off-premise directional sign kiosks. Off-premise directional sign kiosks are permitted to be erected near the intersections of the following streets: (a) Broadmoor Boulevard & St. Thomas Drive; (b) Broadmoor Boulevard & Sandifur Parkway; (c) Sandifur Parkway & Road 68; (d) Road 68 & Burden Boulevard; (e) East Lewis Street & East Lewis Place; (f) Hillsboro Street & Commercial Avenue; (g) Hillsboro Street & Railroad Avenue; and (h) Oregon Avenue &,James Street. 0) Lewis & 281h Avenue The City Council will periodically review the need for off-premise directional sign kiosks and modify the list of permitted locations for such signs by either adding or deleting approved locations. Off-premise directional sign kiosks may be placed in public right-of- way or private property on sites approved by the Community & Economic Development Director at locations that do not block the line-of-sight at driveways or intersections. 17.46.140 OFF-PREMISE DIRECTIONAL SIGN KIOSK DESIGN. (a) Off- premise directional sign kiosks shall be professionally designed and constructed by a licensed sign contractor. All off-premise sign designs and construction materials must be approved by the Community & Economic Development Director. At a minimum, all directional sign kiosks shall be construction of a metal or masonry framework and contain panel space for a minimum of 4 individual business identification signs. The color of the kiosk and individual sign plates shall not interfere with traffic signals or signage and shall be in harmony with the character of the surrounding commercial establishments, if any. 17.46.150 ELIGIBILITY REQUIREMENTS TO USE KIOSK SPACE. All individual signs on a kiosk must be approved by the Community & Economic Development Director. To be considered eligible for placement a off-premise sign kiosk, a business, organization, or place must; meet or comply with items a and b listed below and meet or comply with at least one of the criteria identified in c, d or a below: (a) Be a business, organization or place within the City limits of Pasco and be within the general vicinity of the location of the kiosk; and (b) Not have erected an on premise freestanding sign higher than 35 feet after the passage of this ordinance. Those properties that contain at least 100,000 square feet of floor area are exempt from the prohibition of on premise signs exceeding 35 feet in height; and (c) Be a place or organization of community wide interest, operating programs in Pasco and recognized by a civic entity; or (d) Be a tourist attraction recognized by the City of Pasco or the Tri- Cities Visitor and Convention Bureau; or (e) Have at least 5,000 square feet of floor area within one building and/or an approved outdoor display area exceeding 20,000 square feet. 17.46. 160 KIOSK FRANCHISES. All off-premise sign kiosks not erected by the City must be covered by a franchise prior to permitting. All franchises shall be approved by the City Council. At a minimum a franchise shall contain terms and conditions that will permit the location and 32 i i construction of an off-premise sign kiosk. All franchises shall be prepared by the City Attorney and shall bind the franchisee to strict construction, design, maintenance, and sign message conditions. Franchises shall be non-exclusive and will give the City the right to authorize or reject the placement of individual sign plates. The franchisee shall have an obligation to include sign plates of competing businesses or developments if said sign plates are approved by the City. CHAPTER 17.48 TR emerally_ 17,48. Permit- 1 area. 17.4&046 Removal and platernent ts-. 17.48.0-50— ExeCpti arts 17.48.0io 61EP41DRALLY. Signs advertising the s le--' Or more lot tract or ubdivisi they comply with all the i. person sliall erect or-maintain a tract skIn until a perrn+ --i:hofefor has been s thirty proviied by the Building Inspector Offilicial and shall be accontpftft�__� men refundable inspection fee of five d0l"Wrs '101- �-_aqf_rh i 7.483.1030 DISPLAY AREA. t -h erns tt'ed -t "ve lots in a-my tract or subdivisien offered for-5-ate-, or eac! �red for sale and shall-be the tract. Tract signs shall I—De erected within the permitted building line IJVU71UQ1IC> III Q� 1 7.56, tract CHAPTER 17.52 NON-CONFORMING Sections: 17.52.010 General. 17.52.020 Maintenance. 17.52.030 Appeal. 17.52.040 Removal of,non-conforming signs. 17.52.010 GENERAL. removed or altered so as to c nform with Provisions of-the chapterhithin 5 years the date of erection of the sign subject to provisions for app of Section—1 63�: fb�a) Prohibited signs under Section 7 7 10 040. °AID,--�ery�rr i` of .11: 33 elraptet-, or signs which by change of zoning district or by annexation of territory to the City, becomes in violation of, or does not conform to the provisions hereof, shall be removed or altered so as to conform with the provisions of this title within 5 years from the effective date of such amendment or change. 17.52.020 MAINTENANCE. Non-conforming signs may be maintained, repaired and repainted without permit or fee during the periods specified in Section 17.52.010 or any extensions granted under Section 17.52.030, but no structural change shall be made nor shall any increase in area be permitted. 17.52.030 MOVING OR ALTERATIONS. In such cases where a nonconforming sign is moved or changed, the sign shall be treated as a new sign and shall be subject to the requirements of this title. 17.52.030 APPEAL. The period specified in Section 1 7.52.010 may be extended by the Hearing Examiner upon application of the person maintaining such sign if the Hearing Examiner Board finds that such an extension is necessary for the preservation of substantial property rights of the applicant. The application for the extension shall be made in writing with the secretary-of the-B-oa City Planner within 10 days after notice to remove the sign has been issued by the Building Inspector Official. 17.52.040 REMOVAL OF NON-CONFORMING SIGNS. If the provisions of Section 17-52.010 are not complied with regarding removal or alteration of non-conforming signs, and no appeal is made in accordance with Section 1 7.52.030, the non-conforming sign to may be removed by the cam, and the cost thereof shall be charged to the owner or tenant. If the removal of any sign requires compensation in accordance with RCW 47 42.107. such sign may remain until the city orders compliance by written notice. El 1APTE ZONIN 17.56 T 1 56 n1n Zone R { c. bt1 Residential. 17.56.020 Zone R Low Density Residential Disti I= 17.56.030 Zone R 2 Me6urn Density Residential District. i 7.56-0-40 Zone R 3 1 ligh Density Residential Disti T1 7 r_ A - .75 II L 17 .j%j v%jv Zone 6 2 Central Business District. . 1-7..5 L U.non Z ne C 3 r, . ...{I Business District. I .Ij Zone Light Industrial District. 17.56.100 Zone 1 2 1 leavy industrial Dist. 17.56.110 Dist-1-7 i 7.56-010 ZEME R 1 SUBURBAN SIP46LE FAMILY RESIDENTIAL D 5—i be permitted in R I Suburban Residential Zo 17 c except. 34 gms for the sale of real property on which the h signs shall contain no more than six square feet area an� which' shall be limited to one sign for each parcel of property, (b) Signs in conjunction With professional offices and one btilletin board, each of whieh shall contain no more than sixteen square feet in area, for any charitable or religious 1 rc n2n IZrtal�_2_ - Zvrvc Tc-1 LOW DENSITY RESIDENTIAL DISTRiCT. Sign regulations in the R I Low Density ResluderttlaPz1"e are the same as R 1 Suburban Zone. —17.56.030- - ZONE n 2 MEDIUM-DENSITY RESIDENTIAL DISTRICT. Sign-regulations in the -2 Medium DenMty Residential District are the same as R ' Suburban Zone. 7.56.040 ZONE n 3 l urI 1 DENSITY RESHK- i-r+w, —"TI RI£,-1 (al Sign regulations in the R 3 zone are the 5arme as FN .)VkJUILJCtll tte fSeet�aR (b) Permitted signs shall be limited to —,-jign of any type per business or office and LL� l 1Ji d1 17.56.045 ZONE RT RESIDENTIAL TRANSITION DISTRICT, No st'gft shall be permitted in RT Residential Zone except. (a) Te rn. - for the sale of real property on which the ��1"sttd, Miich shall contain no more than six square feet area and which sha" be Imm-ted to one sign for (b) Signs permitted by Spebal Permit as identified in P -I I SU UJU - -l-J[Mt—G i THE "F�$U6.rrPfCs3 @fSTf�ICT—E�e�fi-8s provided On Subsection (d), any type sign permitted by this title shall be -a permitted usit. (b) The total display area of all types of signs located On any orre pare-el an a C 1 Zone shall not exceed six hundred square feet except in (C) Vertical dearanee and projection of signs over pub4e property shall be regulated in accordance with Table No, 3 A. regulations in the C 2 Zone are the same as C I Retail Business District. 17.56 070 ZONE r 1 D DESIGNATED c' n,�ir CENTER DISTRICT-. �i'II—Lt�7'7�C T L7--IIG7TIIPiP{T-CII-77"T V!"rTf'V�-ti C f`7TCTC Sign regulation, in ti— C D Zone are the same as C I Retail Busines!� 17.56.080 ZeNE E: 3 GENERAL BUSINESS DISTRICT. (a) Any type (b) The total Uch'HI-I -,-- of all types of signs located in any orre parcel in a C-3 zone--s*ftfl fm exceed seven hundred fifty square feet except in pareek-of ten thousand square feet oi mo,v,-where (e) Vertical height and projection over public property shall regulated accordance With Table No. 3 A. 35 i regulations the � 2 Zone th.. C 3 General n Dastr*ct. 17.56.1 i 0 E)ISPLAY 'n 1-A 'a' No exterior advert 1 S si-j-r­1 shall be erected or ma4ntaoned .rlq of official traffic regulato�. (b) _31gns ilia, retate, flash, or are otherwise desi-ned -,-- give tile appearance of being anirnated or moving are prohibited in Ml Resi�� icyuia�ioiii in uic � c wnc are u�c �a'""' Business Zones. rarce's eornmercial and mn,u3tr:al Zones-that are over ten area or each additional ten thousand seltiai e in parcel s ze_ 17.60 APPEALS VARIANCES AND - ■ - Sections: I I Cn ni n intent.VV- T 7,60.030 Variance and appeal Board of adjustment procedure. e intent of this title to b__c�e f . the Eity Council, upon recommendation frem the Plamning Commission, to signs in the City. it shall be the duty )f the Building lmsp@ctor Offitial to see that t is ',.it!- is -,.force through the proper legal Channels. No permit Abe is P'acing of i=t�He City unless such meets all the -of 0105 title. 1 7.60.030 VARIANCES AND APPEALS 89ARB--EW—A!3}kiSTMENT PROCEDURE. (a) Powers. Recognizing that there are certain cases that may, or may not, be detrimental to aesthetic character, public health, safety niorafs and general welfare, and the effectiveness of visual communication in the citA depending upon the facts of each particular case, a limited power to issue variance permits and to interpret any section of the title is vested with the Hearing Examiner. in accordance -.vith the sectlons of this t as listed in Table i 5, provided (b) Appeals and Variances. Application for appeals and variances from the ruling of the Building tn-sp too Official, concerning the provisions herein contained, may be made to the Hearing Examiner t-he board of event. The City Planner shall receive all applications requesting review of the Building Inspector Official's 36 requirements, decisions, or determinations relating thereto, for a variance. and special permit; and shall metintain and 'je custedian of all records elf the mhiutes of th- CMd findings of the All records shall L appellant's open to the public. C�Hies of the exeeptioftt-OtaflH15r� -ifl. the Building '& "' Ott, and board of adjustrment�-�ailnilnlqg the decision of the Building inspectof and the [�,� therefoie. Each application oi t'1e1--a- s-ecretaiy shall be! accompanied by a fee-of-tvitc�y-ffiv@ dollars to cover the City's cost of handling the request for a specl-al. 'except-11. .UP011 .Me filing of such fee and application, the Building Inspeetor-s-itaWforthwith transmit to the beard of the Building The City Planner shall fix a reasonable time for the public hearing and give due notice thereof to the parties and general public. The decision of the board of adjustment shall ble upheld by a The Hearing Examiner ~board shall make a decision following the procedures outline in Chapter 2 5.84vvit h i c Sta peeiai-exception An application to the Hearing Examiner board of adjustrnent stays all proceedings, in furtherance of the action unless in the opinion of the Building Official a stay would cause imminent peril to life or property. from which the request for a special request for a special exeeption-is--t�, IL vv:tl--tL not ce of a request for a special exception shall-]TaV�e been filed t 11 e Buiiding h7spector him, that by reason of faets stated in t-he e.eitificaticn,-a stay would life of property, in which case stjelt-aefilom sHall -not-hue-stayed Othervv6sle them by a restraining o,der, which may be issued by the Superior Court. T+re dedslon of the board of adjttstment on the request for a stay shall be transin'tted to the Building Inspecto fdLjCoIIection_of Expenses Incurred. Whenever, pursuant to the provisions of Sections 17.12.050, 17.1-2 060, or 17.52.040, there incurs any expense in connection with the removal or alteration of any sign, the cost thereof shall be paid by the owner of the real property upon which the sign is erected or maintained. In the event any other person is in possession of such property with the consent of the owner, the owner and such other person shall be jointly responsible for the payment of such cost. The City shall submit to the owner and/or other person in possession of the premises, a statement of costs incurred by the City for removing or altering the sign. Upon the failure to receive full payment within 30 days from the date the statement is submitted, or within 30 days after conclusion of any appeal proceedings, whichever is later, the City is authorized to provide for the collection of the amounts due in any lawful manner. TABLE 15 S PECI-FIC-P ADJUSTMENT Sect4on Number Relating T 3.8 Erection on or over public property7 3.12 (at) —Sound device on station 6.3 Additional height fo, g signs. 13.3 r:Y . _ r__ al Of 37 T4 - -5-p directional signs. 38 AGENDA REPORT NO. 67 FOR: City Council Date: July S, 2006 TO: Gary Crutchfi i Manager Workshop: 07/ 10/06 �( FROM: Richard J. Smi h, Director 7 Regular: Community & Economic Development SUBJECT: Historic Preservation Ordinance 1. REFERENCE{S): A. May 31, 2006 letter from Brad Peck B. Draft Historic Preservation Ordinance II. ACTION .REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 07/10/06: REVIEW AND DISCUSSION III. FISCAL IMPACT None. IV. HISTORY AND FACTS BRIEF: A. In late May, Brad Peck, owner of the Moore Mansion, submitted a letter asking that the City seek designation as a "Certified Local Government (CLG) for historic preservation. Such a designation. would make the City eligible for State grants and owners of historic properties eligible to participate in the State's special valuation tax program which would reduce property taxes incurred as a result of the restoration of historic properties. B. The CLG program is a Federal endeavor authorized under the National Historic Preservation Act in 1966. The programs are administered by State Historic Preservation Offices (SHPO). In Washington State, the program is managed by the Department of Archeology & Historic Preservation in Olympia. At present, several Eastern Washington communities have CLG status including Cheney, Colfax, Dayton, Ellensburg, Kennewick, Pomeroy, Ritzville, Roslyn, Spokane, Walla Walla, Wenatchee, and Yakima. Status as a CLG allows cities to individually determine if improvements upon historic properties in federally funded projects (CDBG/EDA) are "appropriate." Cities may also receive financial and technical assistance from the SHPO and property owners may apply for special valuations for improvements made to historic properties. C. Governments requesting CLG status must satisfy several minimum requirements including: 1. Agree to enforce state and local legislation for the designation and preservation of historic properties; 2. Establish a Historic Preservation Review Commission; 3. Survey the community and develop and maintain an inventory of historic properties. D. In order to address Requirement C.1, above, the City Council would have to approve a historic preservation ordinance and most 3(b) likely design standards. After enactment of such an ordinance, any modifications to historic structures would require the owners to obtain "certificates of appropriateness" prior to securing building permits. The City would also have to establish 'a historic preservation commission composed of at least five members, all of whom must have a "demonstrated interest and competence or knowledge in historic preservation." An inventory of historic properties would have to be undertaken. Professional Assistance would be needed to complete the survey. State financial assistance would likely be available, but the timing is uncertain V. DISCUSSION A. The potentially historic properties in Pasco, aside from the Moore Mansion, are concentrated around the perimeter of downtown and east of 20th Avenue. The Craftsman style homes, along Bonneville appear to be especially significant. The residents in this area, however, many of whom are recent immigrants, have exhibited no discernable interest in historic preservation. Surveying this area and perhaps designating historic properties or historic districts would not have broad support and historic regulatory restrictions may not be well received. B. As an alternative to immediately seeking full CLG status, the City could adopt a limited preservation ordinance and establish a Historic Preservation Commission. The Commission would have the authority to review special property tax valuations and would work to build community support for preservations programs in the City. This is the process that was followed in Walla Walla which now has full CLG status. C. A rough draft of a historic preservation ordinance is attached. Points of note are as follows: (1) A survey of historic properties would not be needed. Historic properties would be limited to only those that are now listed on the National Register of Historic Places. Those properties are the Moore Mansion, Old Carnegie Library and Franklin County Courthouse. (2) A five member Historic Preservation Committee would be established; (3) The Committee would have the authority to rule on requests for special property tax valuations. Any costs incurred in reviewing valuation requests would be the responsibility of the applicants. D. This approach would allow Mr. Peck to file his special valuation request in a timely manner and also create a Preservation Commission which would educate the public and build support for a more comprehensive preservation program. E. If Council wishes to pursue this program, an ordinance in the City format, can be sent to the SHPO for review and comment and brought back to the City Council in August for final review and action. Exhibit A t ; JUN 0 1 2006 i9GR\bore\I;ittSf011 , f PI ,4),\\;9Chingtmi . Gary Crutchfield May 31, 2006 Manager, City of Pasco P.O. Box 293 Pasco, WA 99301-0293 Brad Peck Moore Mansion 200 N. Road 34 Pasco, WA 99301 Dear Mr. tchfield, The Revised Code of Washington encourages the maintenance, improvement, and preservation of historic landmarks. RCW 84.26 "Historic Property" provides special valuation options to encourage such historical preservation activities. I share the legislature's interest in preserving our state's historic places as you might expect given my investment in restoring the Moore Mansion. I also see potential for careful, gradual redevelopment of Pasco's historic downtown and residential structures. Enticing capital investment in under-performing historic business districts is difficult at best. Special valuation for property tax assessments is one tool available to attract investment. Unfortunately, Pasco is not currently eligible for State grants or special valuation tax programs available under RCW 84.26. To be eligible we will need to become a Certified Local Government (CLG). The requirements appear modest; however some initial and ongoing effort is required. The CLG topic came up during a recent meeting regarding the Moore Mansion at the Washington State Office of Archeology and Historical Preservation (OAHP) in Olympia. The CLG program is administered out of that office by Ms. Megan Duvall (360-586- 3074). 1 have enclosed some CLG program information taken from OAHP and State web sites. More than three dozen Washington iocaNgovernments — both cities and counties - have become CI-Gs. Notable among them are several Eastern Washington governments including Cheney, Colfax, Dayton, Ellensburg, Kennewick, Ritzville, Spokane, Walla Walla, Wenatchee, and Yakima. National Register or Historic Places 1979 1908 Moore NInnsion hisco,Wmhinoon I would like Pasco to join the list of CLG communities to help entice investment in some of Pasco's more historic structures, including a longer term goal of downtown restoration and redevelopment. On a personal note, I intend to use this program to apply for temporary tax relief, just as the legislature intended by passage of RCW 84.26. As such it is important to me to see Pasco achieve CLG status as soon as possible, and no later than Oct. 1 of this year. Lastly, I understand every new committee, commission or program takes people and time to succeed. Though not a formally trained historian or restoration expert, I do have some experience in that regard. I am willing to assist with this effort should you deem my involvement appropriate and beneficial to the community. Thank you in advance for your consideration of Pasco's future as a Certified Local Government- Sincerely, L. Brad Peck Encl: Internet printouts National Register of Historic Places 1979 Exhibit B CITY OF PASCO HISTORIC PRESERVATION ORDINANCE Section 1. PURPOSE ....................................................................... I Section 2. SHORT TITLE ................................................................. 2 Section 3. DEFINITIONS.................................................................. 2 Section 4. CITY OF PASCO HISTORIC PRESERVATION COMMISSION .................................................................4 Section S. REVIEW AND MONITORING OF PROPERTIES FOR SPECIAL PROPERTY TAX VALUATION ............................ 7 Section 1 PURPOSE The purpose of this ordinance is to provide for the identification, evaluation, designation, and protection of designated historic and prehistoric resources within the boundaries of City of Pasco and preserve and rehabilitate eligible historic properties within the City of Pasco for future generations through special valuation, a property tax incentive, as provided in Chapter 84.26 RCW in order to: A. Safeguard the heritage of the City of Pasco as represented by those buildings, districts, objects, sites and structures which reflect significant elements of Pasco's history; B. Foster civic and neighborhood pride in the beauty and accomplishments of the past, and a sense of identity based on Pasco's history; C. Stabilize or improve the aesthetic and economic vitality and values of such sites, improvements and objects; D. Assist, encourage and provide incentives to private property owners for preservation, restoration, redevelopment and use of outstanding historic buildings, districts, objects, sites and structures; E. Promote and facilitate the early identification and resolution of conflicts between preservation of historic resources and alternative and uses; and, F. Conserve valuable material and energy resources by ongoing use and maintenance of the existing built environment. - 1 - Section 2. SHORT TITLE The following sections shall be known and may be cited as the "Historic Preservation Ordinance of the City of Pasco." Section 3. DEFINITIONS The following words and terms when used in this ordinance shall mean as follows, unless a different meaning clearly appears from the context: A. "City of Pasco Historic Preservation Commission", or "Commission" means the Commission created in Section 4 herein. B. "Actual Cost of Rehabilitation" means costs incurred within twenty- four months prior to the date of application and directly resulting from one or more of the following: a) improvements to an existing building located on or within the perimeters of the original structure; or b) improvements outside of but directly attached to the original structure which are necessary to make the .building fully useable but shall not include rentable/habitable floor-space attributable to new construction; or c) architectural and engineering services attributable to the design of the improvements; or d) all costs defined as "qualified rehabilitation expenditures" for purposes of the federal historic preservation investment tax credit. C. A "building" is a structure constructed by human beings. This includes both residential and nonresidential buildings, main and accessory buildings. D. "Class of properties eligible to apply for Special Valuation in the City of Pasco" means properties listed on the National Register of Historic Places or certified as contributing to a National Register Historic District which have been substantially rehabilitated at a cost and within a time period which meets the requirements set forth in Chapter 84.26 RCW. E. "Cost" means the actual cost of rehabilitation, which cost shall be at least twenty-five percent of the assessed valuation of the historic property, exclusive of the assessed value attributable to the land, prior to rehabilitation. F. "Emergency repair" means work necessary to prevent destruction or dilapidation to real property or structural appurtenances thereto immediately threatened or damaged by fire, flood, earthquake or other disaster. G. "Historic property" means real property together with improvements - 2 - G. "Historic property" means real property together with improvements thereon, except property listed in a register primarily for objects buried below ground, which is listed on the National Register of Historic Places. H. "Local Review Board", or "Board" used in Chapter 84.26 RCW and Chapter 254-20 WAC for the special valuation of historic properties means the Commission created in Section 4 herein. I. "National Register of.Historic Places" means the national listing of properties significant to our cultural history because of their documented importance to our history, architectural history, engineering, or cultural heritage. J. An "object" is a thing of functional, aesthetic, cultural, historical, or scientific value that may be, by nature or design, movable yet related to a specific setting or environment. K. "Owner" of property is the fee simple owner of record as exists on the Franklin County Assessor's records. L. "Special Valuation for Historic Properties" or "Special Valuation means the local option program which when implemented makes available to property owners a special tax valuation for rehabilitation of historic properties under which the assessed value of an eligible historic property is determined at a rate that excludes, for up to ten years, the actual cost of the rehabilitation. (Chapter 84.26 RCW). M. A "structure" is a work made up of interdependent and interrelated parts in a definite pattern of organization. Generally constructed by man, it is often an engineering project. N. "Washington State Advisory Council's Standards for the Rehabilitation and Maintenance of Historic Properties" or "State Advisory's Council's Standards" means the rehabilitation and maintenance standards used by the City of Pasco Historic Preservation Commission as minimum requirements for determining whether or not an historic property is eligible for special valuation and whether or not the property continues to be eligible for special valuation once it has been so classified. - 3 - Section 4. CITY OF PASCO HISTORIC PRESERVATION COMMISSION A. Creation and Size There is hereby established a City of Pasco Historic Preservation Commission, consisting of five (5) members, as provided in subsection B below. Members of the City of Pasco Historic Preservation Commission shall be appointed by the Mayor and approved by the Pasco City Council and shall be residents or own property in the City of Pasco, except as provided in subsection B.2 below. B. Composition of the Commission 1. All members of the Commission must have a demonstrated interest and competence in historic preservation and possess qualities of impartiality and broad judgment. 2. The commission shall always include at least two (2) profession- als who have experience in identifying, evaluating, and protecting historic resources and are selected from among the disciplines of architecture, history, architectural history, planning, prehistoric and historic archaeology, folklore, cultural anthropology, curation, conservation, and landscape architec- ture, or related disciplines. The Commission action that would otherwise be valid shall not be rendered invalid by the temporary vacancy of one or all of the professional positions. Furthermore, exception to the residency requirement of Commission members may be granted by the Mayor and City Council in order to obtain representatives from these disciplines. 3. In making appointments, the Mayor may consider names submitted from any source. C. Terms The original appointment of members to the Commission shall be as follows two (2) for two (2) years, two (2) for three (3) years; and one (1) for four (4) years. Thereafter, appointments shall be made for a three (3) year term. Vacancies shall be filled by the Mayor for the unexpired term in the same manner as the original appointment. - 4 - D. Powers and Duties The major responsibility of the Historic Preservation Commission is to identify and actively encourage the conservation of Pasco's historic resources by reviewing proposed changes to register properties; to raise community awareness of Pasco's history and historic resources; and to serve as the City of Pasco's primary resource in matters of history, historic planning, and preservation. In carrying out these responsibilities, the Historic Preservation Commission shall engage in the following: 1. Conduct all Commission meetings in compliance with Chapter 42.30 RCW, Open Public Meetings Act, to provide for adequate public participation and adopt standards in its rules to guide this action. 2. Participate in, promote and conduct public information, educational and interpretive programs pertaining to historic and prehistoric resources. 3. Establish liaison support, communication and cooperation with federal, state, and other local government entities which will further historic preservation objectives, including public education, within the City of Pasco. 4. Review and comment to the Pasco City Council on land use, housing and redevelopment, municipal improvement and other types of planning and programs undertaken by any agency of the City of Pasco, other neighboring communities, the Franklin County, the State or Federal governments, as relate to historic resources of the Pasco. 5. Advise the Pasco City Council and the Mayor generally on matters of Pasco's history and historic preservation. 6. Perform other related functions assigned to the Commission by the Pasco City Council or the Mayor. 7. Provide information to the public on methods of maintaining and rehabilitating historic properties. This may take the form of pamphlets, newsletters, workshops, or similar activities. 8. Officially recognize excellence in the rehabilitation of historic buildings, structures, sites and districts, and new construction in historic areas; and encourage appropriate measures for such recognition. - 5 - 9. Be informed about and provide information to the public and City of Pasco departments on incentives for preservation of historic resources including legislation, regulations and codes which encourage the use and adaptive reuse of historic properties. 10. Review nominations to the State and National Registers of Historic Places. 11. Investigate and report to the Pasco City Council on the use of various federal, state, local or private funding sources available to promote historic resource preservation in Pasco. 12. Serve as the local review board for Special Valuation and: a. Make determinations concerning the eligibility of historic properties for special valuation; b. Verify that the improvements are consistent with the Washington State Advisory Council's Standards for Rehabilitation and Maintenance: c. Enter into agreements with property owners for the duration of the special valuation period as required under WAC 254-20-070(2); d. Approve or deny applications for special valuation; e. Monitor the property for continued compliance with the agreement and statutory eligibility requirements during the 10 year special valuation period; and f. Adopt bylaws and/or administrative rules and comply with all other local review board responsibilities identified in Chapter 84.26 RCW. 13. The Commission shall adopt rules of procedure to address their responsibilities under this ordinance. E. Compensation All members shall serve without compensation. - 6 - F. Rules and Officers The Commission shall establish and adopt its own rules of procedure, and shall select from among its membership a chairperson and such other officers as may be necessary to conduct the Commission's business. G. Commission Staff Commission and professional staff assistance shall be provided by the Director of Community & Economic Development with additional assistance and information to be provided by other City of Pasco departments as may be necessary to aid the Commission in carrying out its duties and responsibilities under this ordinance. Section 5. REVIEW AND MONITORING OF PROPERTIES FOR SPECIAL PROPERTY TAX VALUATION A. Time Lines 1. Applications shall be forwarded to the Commission by the Franklin County Assessor within ten (10) calendar days of filing. 2. Applications shall be reviewed by the Commission before December 31 of the calendar year in which the application is made. 3. Commission decisions regarding the applications shall be certified in writing and filed with the Franklin County Assessor within ten (10) calendar days of issuance. B. Procedure 1. The Franklin County Assessor forwards the application(s) to the Commission. 2. The Commission reviews the application(s), consistent with its rules of procedure, and determines if the application(s) are complete and if the properties meet the criteria set forth in WAC 254-20-070(1) and listed in Subsection Section 5.0 of this ordinance. a. if the Commission finds the properties meet all the criteria, then, on behalf of the City of Pasco, it enters into - 7 - a Historic Preservation Special Valuation Agreement (set forth in WAC 254-20-120 and in Section 5.13 of this ordinance) with the owner. Upon execution of the agreement between the owner and Commission, the Commission approves the application(s) b. If the Commission determines the properties do not meet all the criteria, then it shall deny the application(s). 3. The Commission certifies its decisions in writing and states the facts upon which the approvals or denials are based and files copies of the certifications with the Franklin County Assessor. 4. For approved applications: a. The Commission forwards copies of the agreements, applications, and supporting documentation (as required by WAC 254-20-090 (4) and identified in Section 5.1) of this ordinance) to the Franklin County Assessor, b. Notifies the state review board that the properties have been approved for special valuation, and c. Monitors the properties for continued compliance with the agreements throughout the 10-year special valuation period. 5. The Commission determines, in a manner consistent with its rules of procedure, whether or not properties are disqualified from special valuation either because of: a. The owner's failure to comply with the terms of the agreement, or b. Because of a loss of historic value resulting from physical changes to the building or site. c. For disqualified properties, in the event that the Commission concludes that a property is no longer qualified for special valuation, the Commission shall notify the owner, assessor, and state review board in writing and state the facts supporting its findings. I - 8 - C. Criteria 1. Historic Property Criteria: The class of historic property eligible to apply for Special Valuation in City of Pasco means properties listed on the National Register of Historic Places which have been substantially rehabilitated at a cost and within a time period which meets the requirements set forth in Chapter 84.26 RCW. 2. Application Criteria: Complete applications shall consist of the following documentation: a. A legal description of the historic property, b. Comprehensive exterior and interior photographs of the historic property before and after rehabilitation, c. Architectural plans or other legible drawings depicting the completed rehabilitation work, and d. A notarized affidavit attesting to the actual cost of the rehabilitation work completed prior to the date of application and the period of time during which the work was performed and documentation of both to be made available to the commission upon request, and e. For properties located within historic districts, in addition to the standard application documentation, a statement from the secretary of the interior or appropriate local official, as specified in local administrative rules or by the local government, indicating the property is a certified historic structure is required. f. Any other documents that the Commission needs to evaluate the request. All costs shall be the responsibility of the applicant. 3. Property Review Criteria: In its review the Commission shall determine if the properties meet all the following criteria: a. The property is historic property; - 9 - b. The property is included within a class of historic property determined eligible for Special Valuation by the City of Pasco under Section 5.C.1 of this ordinance; c. The property has been rehabilitated at a cost which meets the definition set forth in RCW 84.26.020(2) (and identified in Section 3.B of this ordinance) within twenty-four months prior to the date of application; and the property has not been altered in any way which adversely affects those elements which qualify it as historically significant as determined by applying the Washington State Advisory Council's Standards for the Rehabilitation and Maintenance of Historic Properties (WAC 254-20-100(1). 4. Rehabilitation and Maintenance Criteria: The Washington State Advisory Council's Standards for the Rehabilitation and Maintenance of Historic Properties in WAC 254- 20-100 shall be used by the Commission as minimum requirements for determining whether or not an historic property is eligible for special valuation and whether or not the property continues to be eligible for special valuation once it has been so classified. 5. Evaluation Costs Any costs, including but not limited to the costs of professional services, incurred by the Commission in evaluating applications for Special Valuation shall be the responsibility of the applicant(s). D. Agreement The historic preservation special valuation agreement in WAC 254-20-120 shall he used by the Commission as the minimum agreement necessary to comply with the requirements of RCW 84.26.050(2). E. Appeals Any decision of the Commission acting on any application for classification as historic property, eligible for special valuation, may he appealed to Superior Court under Chapter 34.05.510 -34.05.598 RCW in addition to any other remedy of law. Any decision on the disqualification of historic property eligible for special valuation, or any other dispute, may be appealed to the Franklin County Board of Equalization. - 10 - AGENDA REPORT FOR: City Counci July 6, 2006 TO: Gary Crutchfi ty Manager Workshop Mtg.: 7/10/06 Regular Mtg.: 7/17/06 FROM: Stan Strebel, dministrative and Community Services Direct �"�- SUBJECT: Professional Services Agreement Baseball Stadium Improvements I. REFERENCE(S): A. Proposed Schedule and Fee Proposal from SCM B. Shade Concept Drawing 11. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 7/10: Discussion 7/17: MOTION: I move to approve the Professional Services Agreement with SCM Consultants, Inc. for baseball stadium design and construction services and further, to authorize the City Manager to sign the agreement. III. FISCAL IMPACT: Approximately$120,000. IV. HISTORY AND FACTS BRIEF: A) In 2004 the City and the Dust Devils baseball team contracted with a stadium design consultant to identify major improvements needed at the baseball stadium. Approximately $2,500,000 of improvements were identified (inflation adjusted) The 2006 State Legislature appropriated $1,000,000 to the City for improvements at the facility. The Legislature also appropriated similar amounts for other minor league stadiums throughout the state. B) Since the action of the Legislature, the City and the Dust Devils have worked to set priorities on those improvements which could most likely be accomplished with the State grant. Proposed improvements, in order of priority, and depending on final costs, are: 1. Stadium seating shade canopy. (This provides a more comfortable environment for fans.) 2. Expansion of business office and ticket sales area. (This provides for restrooms and adequate office space for the team.) 3. Home run porch infrastructure. (This provides improvements along the first base line of the stadium, allowing eventual development of seating and activity options south of the BBQ pavilion and in the outfield. This provides the team greater flexibility with hosting special events, groups and player/fan interaction activities.) C) Staff has recently undergone a process to identify an architectural engineering firm with the capability of designing and managing the construction of the identified improvements. SCM Inc. of Kennewick, (along with TetraTech Sports of Delaware) has been identified as the firm most qualified to perform these services. The attached Schedule and Fee Proposal from SCM, if approved by Council, will be incorporated into the City's standard form agreement for consultant services. (Staff is awaiting some revisions and clarifications from SCM prior to completing the final document.) Specific items of note: 1. The fee proposed by SCM in the document($121,155.00) includes design, bidding and construction services for the first two recommended improvements (shade, office expansion)and design services for the Home Run Porch infrastructure. (Staff has requested a revision of the fee to exclude some internal design expense for the office expansion. We expect this to result in a reduction in the proposed fee.) Once bids are received for the highest priorities,the 3(c) City will be able to estimate available funding(if any) for any additional improvements. 2. The City's requested timetable is very aggressive, calling for the initial two improvement projects to be under contract by the beginning of January with completion of construction by the beginning of June. 3. Staff has requested that SCM provide additional detail on the design effort anticipated for the shade canopy. V. ADDITIONAL COMMENTS: A) While it is expected that the 2007 legislature will consider additional funding assistance to the six communities in the state which are home to a minor league professional baseball stadium, there is little assurance that additional funding will actually be available (if so, however, it would not be available until July 2007, at the earliest). Thus, the city has two options: 1)hold the 2006 state allocation to determine if additional funds will be available next July; 2) accomplish as much as possible with the 2006 allocation prior to the start of the 2007 baseball season (June). In view of the benefit to fans (citizens), the staff and team ownership representatives urge Council to accomplish as much as can be done by next June. SCMConsultants, Inc. - Architects & Engineers A Tetra Tech Company 29 June 2006 138-10218.01 Mr. Stan Strebel, Director CITY OF PASCO Administrative and Community Services Department P_O. Box 293 Pasco, Washington 99301 RE: SCHEDULE AND FEE PROPOSAL FOR BASEBALL STADIUM IMPROVEMENTS REVISED Dear Stan: SCM Consultants, Inc, a Tetra Tech Company with TetraTech Sports, thanks you for confidence in our integrated services team in selecting us for the design of the improvements to Dust Devil Stadium. We are excited and eager to begin developing the solution to the major issues at the ballpark especially the need for shading during games for the seating along the third base line. As delineated in the SOQ and interview we will provide architectural, sports architecture, structural, civil, electrical and mechanical engineering services. As you previously indicated, Task 1, the shading project, is the largest and most complex single component and it is essential to proceed immediately in order to have construction completed in time for The Dust Devils Home opener in 2007. (See Schedule Attachment D) You will note in our Preliminary Project Schedule (Attachment D) that in addition to our shading analysis, we intend to use the Better Bricks NW Daylighting Lab located at the WSU Interdisciplinary Design Institute in Spokane to supplement and confirm our preliminary sun and shading analysis. Additionally, we are including a survey to fix the latitude, longitude, topographic elevations, and orientation of the stadium with precision. These steps will provide assurance for the City, team, and fans that the intended result to mitigate the current glare problem at 7:15 PM game time and beyond for the entire short season schedule, is possible and feasible. Incorporated and included in this schedule is architectural and engineering design, bidding and construction services for Task 1 and Task 2- ticket office/administration/novelty area expansion. For Task 3, the architectural and engineering services for the Home Run Porch including access way walk, utilities, and restrooms is included in basic services. Task 3 bid and/or negotiation phase and construction administration phase services are included in additional services. Portable Concession design for this area is an additional service. 7601 West Clearwater Avenue#301 http:twww.srm-ae.com (509)783-1625 Kennewick,WA 99336 Fax(509)783-1861 W:110218L002.DOC 6129/2006 Mr. Stan Strebel, Director Page 2 CITY OF PASCO The scope and fee for the three major Tasks — 1. Design of Shading Structure for Third Baseline Seating; 2. Design of Ticket/Office/Novelty Expansion and, 3. Home Run Porch are explained in more detail in Attachment A "Basic Services Task Descriptions". In addition to these three (3) major tasks, we have developed estimates for other selected items from the 2004 Master Plan that may be elected to proceed with as funds are available. To assist the City, we have prepared and attached Attachment B "Additional Services task list and fee schedule" for these tasks. These and other tasks may be added by addendum as the costs and time constraints become clearer in the design process and funds are available. If feasible, it would be preferable to develop at least concepts for each item that is remaining and desired by the City and/or Team so that as funds are available completion of the bid documents and construction can proceed in an expedited manner. Those priorities can be determined by the City based on need and priority. For Task 1, our analysis of the design and construction schedule indicates that with the fabric structure option, that it is critical to work with the supplier of the fabric tension structure as soon as the initial design assumptions can be confirmed so that there is adequate time for final design, fabrication and installation of the new shading structure, lighting and speaker repositioning and modifications so that it can be integrated with the previously scheduled replacement of the backstop netting prior to opening day. Based on our current analysis, if necessary, the shading structure can be designed for a complete cover of the seating and constructed in phases with initial construction being a partial cover over home plate seating and a portion of the seating along each base line that would provide the necessary critical shading for the third base seating. This approach also allows the scheduled replacement of the backstop screen that Brent had discussed and removal of the back stop supports that will then provide a view of the game similar to that at major League fields from behind home plate. included in this portion of the work the existing sound system supports will be incorporated into the shading system backstop support structure. For Task 2, expansion of the Stadium administrative/sales office to include restroom and additional ticket/office space and design of the physical space, interior design of this space and assistance in new furnishing and equipment is included as part of a coordinated park branding identity as part of our basic services of programming, planning, design, construction documents, bid and/or negotiation and construction administration phase services together with normal architectural, and engineering services. For Task 3, Design of the Home Run porch pad, restrooms access walkway and utilities we will provide architectural, sports architecture, structural, civil, mechanical and electrical design only as part of our basic services. Construction documents, bid and/or negotiation and construction phase services and design of sound system for this area are not included. 7601 West Clearwater Avenue#301 http�\www.san-ae.corn (509)783-1625 Kennewick,WA 99336 Fax(509)783-1861 W:t10218002R.DOC 6/29/2006 Mr. Stan Strebel, Director Page 3 CITY OF PASCO Design and construction of additional items will be based on City and Team priority on a funds available basis and can be added at any time. A copy of our Standard Architectural/Engineering agreement and General Conditions is attached for your reference. We are prepared to begin work immediately upon authorization to proceed If the scope indicated above and in the attachments together with fee proposal and terms are acceptable, please sign in the space provided below and we can proceed immediately while the final agreement is being prepared. We look forward to working with you to complete this major improvement to Dust Devils Stadium. Sincerely, SCM CONSULTANTS, INC. Michael Runyon, AIA Bruce Schwan, PE Project Manager Principal in Charge Senior Vice President President Building Systems Attachments: Preliminary Project Schedule Basic Services Task Descriptions and costs. Fee Proposal Basis and Additional Services SCM Consultants, Inc. General Terms & Conditions Authorization to Proceed Mr. Stan Strebei, Director Date CITY OF PASCO Administrative and Community Services Department Attachments A, B, C, D cc: MJB/DJD/MDB/File 7601 West Clearwater Avenue#301 http:kwrww.scm-ae.com (509)783-1625 Kennewick,WA 99336 Fax(509)783-1861 W:110218L002R.DOC 6129/2006 SqWConsultants, Inc. - Architects & Engineers A Tetra Tech Company Date: 21 June 2006 ARCHITECTURAL/ENGINEERING AGREEMENT This agreement is between CITY OF PASCO, (Client) and SCM CONSULTANTS, INC. of Kennewick, Washington (Architect/Engineer) and is as follows: PROJECT NAME: Baseball Stadium Improvements PROJECT NUMBER: 138-10218.01 CLIENT SHALL PROVIDE ARCHITECT/ENGINEER: Access to the site and any geotechnical information and existing drawings and documentation. ARCH ITECTIENGINEER SHALL PROVIDE THE FOLLOWING SERVICES: See letter dated 21 June 2006. ARCH ITECTIENGINEER SCHEDULE SHALL BE: See letter dated 21 June 2006. GENERAL CONDITIONS OF THIS AGREEMENT ARE ON THE OPPOSITE SIDE AND ARE PART OF THIS AGREEMENT. ARCH ITECTIENGINEER FEES FOR THE SERVICE SHALL BE: See letter dated 21 June 2006. OTHER: This agreement is approved this day: Day Month Year Approved By: CITY OF PASCO SCM CONSULTANTS, INC. Name P.O. Box 293 7601 W. Clearwater Avenue, Suite 301 Address Pasco, WA 99301 Kennewick, WA 99336 Signature Signature Michael Runyon, AIA Sr. Vice President Building Systems Title Title W.'1138-10218C001.DOC 7601 West Clearwater Avenue#301 http:twww.scm-ae.com (509)783-1625 Kennewick,WA 99336 Fax(509)783-1861 GENERAL COH_lTION_$ Hourly Charges for Personnel Fees for services are charged as shown on reverse side of this agreement or on the attached schedule. Expenses t In-house reproduction and assembly expenses are per the current published SCM Schedule of Prices. 2. Vehicle expenses are charged for vehicle travel to and from a project at the current IRS rate. 3. Other out-of-pocket expenses are charged at cost plus 10 percent. Conditions 1. Our design documents,findings,recommendations,specifications,or professional opinions will be presented,within the limits prescribed,after being prepared in accordance with generally accepted professional practice. We make no other warranty,either express or implied. 2. Fees or rates quoted are valid for 60 days from date of agreement issuance and do not include any sales or excise taxes which may be required by newly enacted legislation. Such taxes must be added,if necessary,to fees. 3. If as a result of providing services any member of SCM's staff is required to assemble documentation or provide written or oral deposition or witness testimony for a dispute between the Client and a third party or two or more third parties,the Client agrees to pay SCM for such services at 1.5 times the normal hourly service rate plus expenses. 4. Invoices will be issued twice monthly and are payable within 30 days of receipt,unless otherwise agreed. A service charge of 1-172 percent per month(but not exceeding the maximum rate allowed by law)will be payable on any amounts not paid within 30 days. Any attorneys fees or other costs incurred in collecting any delinquent amount shall be paid by Client. 5. The Client agrees that any work not paid for in a timely or otherwise agreed manner will not be used for licensing,permits,design or construction. 6. It is understood and agreed that the calculations,drawings, specifications, reports,and other documents prepared pursuant to this Agreement,whether in hard copy or machine-readable form, are time sensitive instruments of professional service intended for one-time use at the time of document completion in the construction of this project They are and shall remain the property of SCM. The Client may retain copies,including copies stored on magnetic tape or disk,for information and reference in connection with the occupancy and use of the project. 7. Because of the possibility that information and data delivered in machine-readable form may be altered,whether inadvertently or otherwise, SCM reserves the right to retain the original tapes/disks and to remove from copies provided to the Client all identification reflecting the involvement of SCM in their preparation. SCM also reserves the right to retain hard copy originals of all project documentation delivered to the Client in machine-readable form,which shall be referred to as originals and shall govern in the event of any inconsistency between the two. 8. The Client understands that the automated conversion of information and data from the system and format used by SCM to an alternate system or format cannot be accomplished without the introduction of inexactitudes,anomalies,and errors. In the event project documentation provided to the Client in machine-readable form is so converted,the Client agrees to assume all risks associated therewith and,to the fullest extent permitted by law,to hold harmless and indemnify SCM from and against all claims,liabilities,losses,damages,and costs,including but not limited to attorney's fees arising therefrom or in connection therewith. 9. SCM has professional liability insurance for professional services. For any injury or damage on account of any negligent error, negligent omission or other professional negligence,the Client agrees to limit SCM's liability to the Client and to all agents,contractors and subcontractors arising out of the performance of our professional services,such that the total aggregate liability of SCM to all those named will not exceed$250,000 or the fee,whichever is less. 10. Client shall,to the extent of dienfs negligence,indemnify and save harmless SCM or its representatives from and against any and all liability arising from injury or death of persons or damage to property occasioned by any negligent act or omission,sole or concurrent,of the client,its agents,servants or employees,or the contractor hired by the client, or its agents, representatives and employees, including any and all expense, legal or otherwise, incurred by SCM or its representatives in the defense of any claim or suit relating to such injury or damage. This indemnification does not apply to liability arising from the sole negligence of SCM Consultants,Inc.or its representatives. For the purpose of fulfilling this indemnity obligation,Washington State clients hereby waives any and all immunity rights or protections created by the Workers'Compensation Act and further agrees that this indemnity agreement shall apply to, but shall not be limited to,actions brought by its own employees. CLIENT HEREBY ACKNOWLEDGES THIS INDEMNITY PROVISION WAS MUTUALLY NEGOTIATED AND AGREED TO BY BOTH PARTIES. 11 SCM shall not have control over or charge of and shall not be responsible for construction means,methods,techniques,sequences or procedures,or for safety precautions and programs in connection with the construction phase of the project,since these are solely a Contractors responsibility under a separate Contract for Construction. Also,SCM shall not be responsible for the Contractors or a Subcontractor's schedule or failure to carry out the Work in accordance with the Contract Documents,and SCM shall not have control over or charge of ads or omissions of the Contractor,Subcontractors,their agents or employees or other persons performing portions of the Work. 12. In the event a claim exceeding$2,500 is made for any act arising out of the performance of services on this project,all parties agree to enter into mediation under the Benton Franklin Dispute Resolution Center prior to recourse to arbitration or a judicial forum. The legal costs incurred if judicial action is initiated shall be paid for the prevailing party by the failing party and venue shall be to the courts of Benton County the State of Washington. All claims less than $2,500 shall be submitted to a judicial forum(i.e Small Claims Court)and any legal costs incurred shall be paid by the failing party to the prevailing party. 11 The Client or SCM may terminate services on the Project upon seven(7)days written notice. SCM shall submit an invoice for services performed up to the effective date of termination and the Client shall pay SCM all outstanding invoices within fourteen(14)days. Any use by the Client of documents produced shall automatically release SCM from any liability. 14. Client and SCM,respectively,agree that neither SCM nor the Client shall assign this Agreement without the written consent of the other party. CITY OF PASCO 138-10218.01 Client Project Number W:\138-10218COOl.DOC Rev.04/1212006 7601 West Clearwater Avenue#301 hftpi\vvww.scrr ae.com (509)783-11625 Kennewick,WA 99336 Fax(509)783-1861 Mr. Stan Strebel, Director CITY OF PASCO ATTACHMENT A Pasco Ball Park Improvements Basic Services Task Descriptions BASIC SERVICES TASK ONE - Sunshade Structure to eliminate direct sunlight on 3rd baseline seating during evening games including integration of a new backstop netting (provided separately) supported by the Sunshade and repositioning of speaker system, Phasing schedule for shade structure including analysis, modification and/or relocation or replacement of existing lighting standards (reutilizing existing lighting fixtures). Task One Professional Services We propose to provide architectural and engineering services as follows: Topographical survey of immediate baseball park including elevations location and orientation of existing facilities affected by the sun shade, including documentation of utilities that are identified by a locating service, and determination and fixing of latitude and longitude alignment of the stadium plus as-built documentation of additions and/or modifications from documents provided by City. (Please note that the majority of landscape piping and ductile iron pipe unless fitted with a locating strip may require assistance from city staff and physical documentation in order to locate these utilities). Architectural, sports architecture, structural, civil, mechanical and electrical design of and/for shade structure and modifications to existing facilities to accommodate the shading structure. Including continued refinement and modifications of our current electronic 3d model of the facility. Construct and provide a physical model together with our electronic model of the existing stadium with sun shade added for use in a WSU Lighting lab study to evaluate and refine shading data already developed and then incorporate the study results into the 3D electronic model and final shade design. (Note: the Lighting Lab Study is a free service to the City. Funded with a grant from BetterBricks, the new WSU Daylighting Design Studio -- A BetterBricks Design Lab -- that provides education, consulting, and other support for design professionals. BetterBricks is an initiative of the nonprofit Northwest Energy Efficiency Alliance and is supported by the region's local electric utilities). To utilize theses services SCM will have a model of the project constructed for the use of the lighting lab. Programming, planning, design phase, construction documentation phase, bid and/or negotiation Phase and construction administration phase services for the duration of the project construction. 7601 West Clearwater Avenue#301 http:\www.scm-ae.com (509)783-1625 Kennewick,WA 99336 Fax(509)783-1861 W:110218L002.DOC 6/2912006 Mr. Stan Strebel, Director CITY OF PASCO ATTACHMENT A (cont'd) Pasco Ball Park Improvements Basic Services Task Descriptions TASK TWO - Expansion of the ticket/office/novelty area. Modification will be designed to accommodate additional ticketing, administration, novelty, and restroom facilities. Task Two Professional Services We propose to provide architectural, interior and structural, civil mechanical and electrical engineering services as follows: Programming, planning and design phase, construction documentation phase, bid and/or negotiation phase services and construction administration phase services for the project construction. TASK THREE - Home Run Porch, infrastructure, restrooms and access walkway. Task Three Professional Services We propose to provide architectural and engineering services as follows: Architectural, structural, civil, mechanical and electrical engineering services for Programming, planning and design phase services. Due to budget restrictions - construction documents, bid and/or negotiation services and construction administration services are not included in basic services. Bid and or negotiation services and construction administration services can be added as funding is available for construction (see additional services). Our fee for architectural and engineering Services for the Work described above is a stipulated sum of $121 ,155.00 Plus normal reimbursable expenses estimated at $12,116 including $1,320 for sun/shading physical model, 7601 West Clearwater Avenue#301 http:lwww-scm-ae.com (509)783-1625 Kennewick,WA 99336 Fax(509)783-1861 W:110218LONR.DOC 612912006 r N 4-a cz cn � M 't V I r k W ; Av �Y. L : a� ±-1 AGENDA REPORT NO. FOR: City Council Date:July 5, 2006 TO: Gary Crutch , i anager W/Shop Mtg.: July 10,2006 Stan Strebel, ative&Community Reg. Mtg.: s Director A FROM: hin Ch , Finance Manager SUBJECT: Ambul nce and Emergency Medical Services Rate Study I. REFERENCE(S): A) Spreadsheet Summarizing Ambulance Revenues/Rates/Expenditures B)Report from HDR Engineering, Inc. on Ambulance Rate Studies II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 7110/06 DISCUSSION: Provide direction to staff. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) The city has historically funded ambulance service through the imposition of a modest monthly household tax applied to all residences and business at an equal rate. In a 2004 decision, the Washington State Supreme Court barred cities from charging an ambulance utility "household" tax as a means to fund ambulance and emergency medical services. In response to the Court's ruling, the State Legislature, in 2005, passed legislation that requires cities to complete a "cost of service" study, similar to what may be done for establishing water or sewer rates,before implementing utility fees for ambulance services. B)The attached spreadsheet outlines ambulance revenues, sources of funding and expenses since 2000. It should be noted that, in spite of fairly large increases in the transport rate since the ambulance household tax was invalidated, the ambulance fund has required general fund support (transfer or offset to negative fund balance) of approximately $1 million per year. Increasing transport costs will do little to decrease the operating deficits in the ambulance fund because a large percentage of transports are from Medicare and/or Medicaid/DSHS patients where the city only receives a portion of the amount billed{ranging from 33%to 17%,respectively). C) As establishing an ambulance utility rate structure under the new state law may provide the best alternative for funding this important service, staff has requested that HDR Engineering, (HDR) a company with experience in preparing utility cost of service studies, to prepare the attached "Review of the Legal and Technical Requirements of Establishing Cost-Based Ambulance Rates and Fees." The review summarizes requirements, outlines the approach that has been taken by the City of Port Angeles in setting up its ambulance rate structure, and outlines the steps necessary for the city to complete a cost of service study in the event Council decides to take that step. V. ADDITIONAL DISCUSION A) A key requirement of the state law requires that ambulance utility costs be segregated between "availability" and "demand" costs. While demand costs may be assessed only to users, availability costs may be assessed to all potential users, i.e. the cost of having the system available to respond. While more complex, it would appear that resulting rate structures have the potential to be more equitable than prior funding scenarios. For example, the household tax was primarily an availability based system where all potential users paid, but the frequent user paid no greater amount. The current system, which relies primarily on transport fees and is therefore demand based, lacks a component to assess the costs of maintaining the service regardless of the amount of use. VI. OTHER COMMENTS Economics and Engineering Services, Inca have prepared and.provided numerous water and sewer utility rate analysis for the City in the past. Current utility rates were set as a result of their recommendations. They have since merged with HDR Engineering, and the same persons who completed our water and sewer utility rate studies will also provide this cost of service study. 3(d) O O O O O O O O O N 0 N O O O O O l O W _ LO O co O O 7 O (O LO O o N h a) U7 (6 xi O .i Ili L6 O r4 co NN N 'O (MD .N~.. 0 GOO ONO- 0 O tOn m r r r N a) (�} U C U m O O O O Ln O V O co O M O 0 0 M O O O O )` M co O O O co It O � (D C 1� M O ' U7 00 O 00 (f) In O r O CD LO It r O 00 [t It 0) ti U C) m O (M O N r r N V ClJ v 00 :t- ti (07 N � N O Q r r r r C N O - O O O O O (f) N Cl) 00 00 O r-- 0) (D LO GD LQ O O 0 0 CD 0) 0D O) N 0) 00 O O N M co 0 a) � O LO 0 O (f7 (D ' (D N �, La 0) C`7 r � O CD (f) N ti O t— 1-4- O (D O N 0 O) 0 N coV- C N —O O LO (D (D f` U M O a) N a 0 m 7 EH 69 N y G a) O O O O 00 r 0 N N O V 'T O N O X (n O O O 00 (D N n M r` O M 00 ti (f) N W Ce) O O O 0 (C N co N 0) O O � O ti r1 (D "It h O O 0 r O O CO CO � O O O (N N N co Cl O V (D N M M N r M Ca N N Q �, - L r r N 649. 6F3 O CL a) O O O r— O O O) O M O N ti _O ti 0 a) tf) O O co O �t LO co N O co (O t— O O N O O O (O (") N CD d_ O O In M �N} N 3 C) r r d U ti N co CND ti Cl) (A 0 N N Q M m In r r r O r r r O N 69 to 69 O O 0 0 0 o m O0 rn ti o co r m o 0 0 0 (° (D - V) °o_ m ai 0 N 0 M r0 c+'i O O m r (f) O v O 0 U') d- O N cq 669 N 0 O 0 � � N ~ N N �• N N Q r r r (A ell Q O O O N I-t O (D O O 0) M O O O , - f0 co N 000 ' ' O co ti 0N) CDD O O M O O O N d0' ( N (`.) O O (D 0 O M O Cl)Lri Q -t N N 00 co 0) d9 69 69 CO) O CL a) c p CD Z N N LL � yG O z L � E O d O G O N CL cn LL c. a w x V t0 O m 0 m a) fn c fn O '0 a) 'a w U vAi U li m W > ate) E c h v io a) — v (n c � � x v°i H cu a) c c x m 2 CD v CD f v W va m c w m (a m m '0 Q c CL > G o 0 E m m .0 LL a) LL a) � 7 cu x W Q L H -t W E c m ti rn O c w c E > m ac) a) n. m Q (`u m o. m Q Q > > w rn v m m m ' c m G =5 a`) G m m Q Q Q !Y Z H Q Q F- O (7 F° O CL U h° i July 5, 2006 Mr. Jim Chase Finance Manager City of Pasco 525 N. 3`d Avenue Pasco, WA 99301 SUBJECT: Ambulance and Emergency Medical Services Utility Dear Mr. Chase: The City of Pasco (City) is considering approaches for updating its ambulance utility fee structure for providing ambulance and emergency medical services. The fees to be adopted by the City Council need to be cost-based and in compliance with Engrossed Substitute House Bill 1635. HDR Engineering, Inc. (HDR)has developed this letter report to assist the City in determining some potential next steps for complying with ESHB 1635 requirements, including summarizing legal requirements, reviewing what other cities with ambulance utilities have done or are doing to comply. The information in this report is intended to assist the City in the eventual develop of cost-based and defensible ambulance utility rates. We appreciate the opportunity to provide this technical assistance to the City. Should you have any questions about this information, please do not hesitate to contact me or Ben Floyd in our Pasco office. Sincerely yours, HDR Engineering,Inc. Ben Floyd Tom Gould Planning Manager Vice President HOREngineerin®,Inc. 500108th Avenue NE Phone:14251450-6200 Suite 1200 Fax:(42514537107 8elfevue.WA 980045549 www.hdrinc.com Review of the Legal and Technical Requirements of Establishing Cost-Based Ambulance Rates and Fees Introduction The City of Pasco (City) owns and operates an ambulance and emergency medical service utility. As such, the ambulance utility establishes fees (rates) for services provided. The fees established and adopted by the City Council need to be cost-based and in compliance with Engrossed Substitute House Bill 1635. Given that, the objective of this letter report is to provide a brief overview of the following: ► Provide a brief summary of state legal requirements for establishing rates and charges for an ambulance utility (RCW 35.21.766), including an overview of the basic costing methodology to be used to establish and justify the rates ► Provide an overview of City of Richland and City of Port Angeles fee structure, fees and customer classes. ► Provide a brief summary of potential customer(rate) classes within an ambulance utility ► Discuss "next steps" for the City to develop an ambulance utility cost of service study Each of these areas will be discussed in detail below. Summary of the Legislative Requirements and Utility Cost Structure RCW 35.21.766 provides the authority for cities and towns to create an ambulance service to be operated as a public utility, in those situations where existing ambulance service is inadequate. Historically, ambulance utilities typically funded their services with a monthly fee per household. However, in 2004, the Washington State Supreme Court in Arborwood, Idaho, L.L.C. v. City of Kennewick' found that the monthly household fee charged by 12 cities exceeded their taxing authority. From that conclusion, the Court found the charge to be a tax rather than a fee and the cities had exceeded the taxing authority granted to them under RCW 35.21.768. To remedy this situation, the Washington State Legislature, in 2005, amended RCW 35.21.766. The 2005 amendments to RCW 35.21.766 established that a "cost of service" study must be completed when establishing rates and charges for an ambulance utility. More specifically, HB 1635 amended the law and provides a general methodology for conducting the cost of service study. HB 1635 requires ambulance utility costs to be segregated between "availability" costs and"demand" costs. Availability costs are those costs attributable to the basic infrastructure needed to respond to a single call. Availability costs may include cost items such as dispatch, labor, training of See Arborwood,Idaho,L.L.C. v. City of Kennewick, 151 Wn.2d 359(2404). Legislative and Technical Review of the Ambulance Utility 7 fal City of Pasco personnel, equipment, patient care supplies and maintenance of equipment. In contrast to this, demand costs are those costs attributable to the burden placed on the ambulance service by individual calls for service. Demand costs may include costs related to the frequency of calls, distances from hospitals, and any other factors identified within the cost of service to assess burdens placed upon the ambulance utility. In establishing the final rates and fees, availability costs must be applied uniformly across all customers, while the demand costs are applied to each "class of service" based upon the proportional (and different) burden each class of service places upon the utility. RCW 35.21.766 also contains additional requirements applicable to the City such as: • Providing fee exemptions for those who are Medicaid-eligible and who reside in a nursing home, boarding home, adult family home, or who receive in-home services; • Continued allocation by cities that had utilities prior to May 5, 2004 of at least 70 percent of general fund dollars they were expending at that time toward the total costs of the utility; and • Revenues received from direct billing are to be allocated toward the demand-related costs As can be seen, RCW 35.21.766 and HB 1635 provide very specific requirements in developing the rates for the ambulance utility. Given the recent vintage of HB 1635 it was believed that a review of the perspective of other cities currently developing an ambulance utility cost of service study may be helpful to the City. Case Study Review In the State of Washington, there are a limited number of cities and communities that have ambulance utilities and establish their fees and charges under HB 1635. The vast majority of counties and cities within the State of Washington use voter approved emergency medical services levies to fund their programs. There are however a limited number of cities that do have an ambulance utility as defined by the updated RCW 35.21.766. The City of Port Angeles has updated their utility per the statute requirements, and the City of Richland is in the process of completing a cost of service study to update their fee structure. Provided below is a brief discussion of each city and their approach to complying with cost of service study requirements of HB 1635. CITY of PORT ANGELES — The City of Port Angles has an ambulance utility that is operated by the Port Angeles Fire Department (Medic 1). In 2004, the City responded to 2,625 calls and transported approximately 1,200 patients. The City of Port Angeles updated their ambulance utility ordinance in September 2005 to comply with the HB 1635 amendments to RCW 35.21.766. All ambulance related expenses of City residents are paid for in advance through the ambulance (Medic 1) utility, which is billed on a monthly basis on a customer's utility statement. The City bills only third-party payers, ensuring that City residents don't incur out-of-pocket expenses. Non-City residents are,billed for the City's services. Basic life support transports are charged $380.00 and advanced life support transports are charged$480.00 Legislative and Technical Review of the Ambulance Utility 2 al f City of Pasco To establish the City's fees, the City conducted a cost of service study designed to be in conformance with HB 1635. The City divided the ambulance utility costs between availability charges and demand charges. The availability fees were assessed equally across all user classifications (classes of service) and the demand fees were assessed based upon the burden that each class of service placed upon the utility_ The final fee developed and charged by the City is a combination of the availability fee and the demand fee. The total fees developed were designed to not exceed the total revenue requirements of the utility. In establishing the fees, the City needed to establish customer classification (classes of service). For the City's study, the following nine customer classifications were utilized. • Residential • Adult Family Homes • Assisted Living Facilities • 24-Hour Nursing Facilities • Group Homes • Jail Facilities • Schools • Commercial/Business • City Public Areas In assessing the fees, the City bills the owner or occupant of each classification. It should be noted that all vacant and unoccupied parcels are exempt from the fees. In addition, the City provides a discount for Senior and Disabled-Low Income customers of the utility. Finally, multiple residential units served by a single utility connection (master-metered) have the option of paying for the units as a single combined amount, or charging a monthly fee to each unit occupant. Those customers selecting the first option are given an adjustment (reduction) to reflect average occupancy. To track revenues and expenditures, the City established an Ambulance Utility Fund. For purposes of establishing the cost basis for the fees, it is important to segregate and account for all costs associated the utility. As a part of the City's ordinance, the City has specified that on an annual basis, the City shall allocate from the general fund not less than seventy percent (70%) of the total general fund revenue expended for the utility as of May 5, 2004. The City conducted the cost of service and established base rates and fees. The base rates and fees reflect both the availability and demand costs of the City. Provided below in Table 1 is a summary of the base rates and fees associated with the City's ambulance utility. fal Legislative and Technical Review of the Ambulance Utility 3 City of Pasco I Table I City of •rt Angeles Custo Classifications Customer Classification Annual Charge Monthly Chargel'I 1. Residential $44.85 per year/unit $3.74 2. Adult family homes 1,454.00 per year,per classification 121.17 3. Assisted living facilities 9,925.00 per year,per classification 827.08 4. 24-hour nursing facilities 7,319.00 per year,per classification 609.92 5. Group homes 2,067.00 per year,per classification 172.25 6. Jail facilities 1,454.00 per year,per classification 121.17 7. Schools 1,333.00 per year,per classification 111.08 8. Commercial/business 47.20 per year/unit 3.93 9. City public areas 15,042.00 per year,per classification 1,253.50 [11 - The City's ordinance has only annual charges. HDR converted the annual charge to monthly for illustrative purposes. The base rates and fees shown above are subject to adjustment for Medicaid eligible citizens and who reside in a nursing facility, boarding home, adult family home, or receive in-home services. In addition to the above fees which are billed via utility bills, the City also has Medic 1 service fees. As noted previously, patients may be billed for these services, such as the non-resident using the Medic 1 services. Provided below in Table 2 is a summary of the City's Medic 1 service fees. Table 2 City of . Angeles Medic I Service Fees , A. Transports involving advanced life Base Charge $580.00 support(ALS) and administration of Disposable Equipment Charge 33.00 at least 3 medications Mileage 10.00/mile B. Transports that involve ALS, not Base Charge $480.00 covered in"A"above Disposable Equipment Charge 33.00 Mileage 10.00/mile C. Transports that involve only basic Base Charge $380.00 life support services Disposable Equipment Charge 33.00 Mileage 10.00/mile As can be seen, the Medic 1 service fees vary by level of service provided. Legislative and Technical Review of the Ambulance Utility 4 Fal City of Pasco CITY OF RICHLAND —The City of Richland operates an ambulance utility which is served from the City's fire and emergency services department. The City has established a medical services fund to track all revenues and expenditures. The City is in the process of updating their ambulance rates and fees, using the cost of service methodology prescribed by HB 1635. At the time of the development of this report, the City had not presented the results of the study to the City Council and as such was unwilling to discuss the findings of that study. However, the City was willing to discuss their methodology in general. In performing the cost of service study, the City's costs were segregated between availability and demand charges. The availability charges were described by the City as the "direct" and/or "infrastructure" costs associated with having the ambulance utility ready to respond. The demand costs are the costs associated with the ambulance being away from the station and on a call. In terms of the cost split between these two components, the costs were roughly 85% availability costs and 15% demand costs. The City does have established ambulance service rates. Provided below in Table 3 is a summary of the City's ambulance service rates. Table 3 City of Richland Ambulance Service Rates Customer Classification Ambulance Fees 1. Residential $950.00+$10.10/mile 2. Non-Residents $1,140.00+ 1010/mile Review of the City's Potential Classes of Service As has been noted within the legal requirements section of this report and the case examples noted above, a key component of the cost of service study is being able to identify the availability costs and the demand costs, along with determining customer classes of service. HDR has discussed with the City these data issues and the City has been collecting data and information in a manner that should greatly simplify the cost of service study. One component of the study worth noting at this point in time is the differing levels of service provided and the potential customer classes of service. Provided below in Table 4 is a summary of the information provided by the City to HDR concerning the number of ambulance calls, by type of customer. Legislative and Technical Review of the Ambulance Utility 5 ful City of Pasco Table City of Pasco Ambulance for Service Customer Type Number of Calls %of Total Residential 1,486 59.6% Accident Scene 685 27.5% Health Care Facility 133 5.3% Senior Care 106 43% Public Facility 43 1.7% Other 40 1.6% Total 2,4931'1 100.0% [11 Compared with 1775 billable responses(71%of total calls) The categorization of these calls is for illustration purposes only, but this information does provide some potential ideas for the types of customer classes that could emerge through the cost of service and rate study. It appears the City has detailed documentation of both ambulance services provided in recent years, as well as associated costs, which is important for completing the study. Some items to address as part of the study include determining the general fund contribution made to support the utility prior to May 5, 2004, and ensure at least seventy percent (70%) of this contribution is accounted for in establishing the availability fees. Recommended Next Steps A logical next step for the City is to proceed with the cost of service study to meet the RCW 35,21.766 requirements, and use this information to establish customer classes, and the availability and demand fees. The cost of service study will allow the City to identify and functionalize the utility's availability and demand costs, and allocate these costs to appropriate customer classes. Specifically, the steps for this study include the following: • Confirm utility revenue requirement — direct and indirect costs incurred in operating the ambulance utility • Functionalize or group costs into various categories related to the providing of service. This step is largely accomplished by the utility's accounting system • Classify costs as availability or demand costs, as defined by HB 1635 • Develop customer classes and allocate costs to these customer classes in a manner that reflects the cost relationships incurred for the service delivery. • Develop recommended availability and demand fees that are cost-based • Document study in a detailed written report. Legislative and Technical Review of the Ambulance Utility 6 City of Pasco The estimated cost for completing this study is $5,000 — $8,000, and it would take four to six weeks to complete. Summary This report has provided a summary of the legislative and technical requirements for establishing ambulance utility fees. The legislative requirements are driven by HB 1635 that requires a cost of service study to assure that the fees charged are cost-based and do not exceed the revenue requirements of the utility. The case examples discussed demonstrate the complexity of establishing rates and fees for this particular public utility. It appears that the City has collected data in a manner that would indicate that establishing cost-based rates and fees for the City can be accomplished in a fairly straight-forward and efficient manner. Legislative and Technical Review of the Ambulance Utility 7 City of Pasco AGENDA REPORT TO: City Council July 6, 2006 FROM: Gary Crutchfi Ci y Manager Workshop Mtg.: 7/10/06 Regular Mtg.: 7/17/06 SUBJECT: Naming of Ainsworth Overpass I. REFERENCE(S): 1. Proposed Resolution II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 7/10: Discussion 7/17: MOTION: I move to approve Resolution No. urging the State Transportation Commission to name the Ainsworth Overpass in honor of Charles Kilbury. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: A) Council previously discussed the notion of urging the state to name the Ainsworth Overpass in honor of Mr. Kilbury and his years of advocacy on behalf of the transportation system,not only in Pasco but throughout the state of Washington. B) The Port of Pasco, as lead agency for the Ainsworth Overpass project, has initiated the process required to obtain approval by the State Transportation Commission. That process requires submittal of support documentation, including a resolution from the local government. V. DISCUSSION: A) The proposed resolution expresses the desire of the Pasco City Council that the State Transportation Commission name the Ainsworth Overpass in honor of Mr. Kilbury. If approved, it will be forwarded to the state as part of the submittal requesting that the overpass be named for Mr. Kilbury. 3(e) RESOLUTION NO. A RESOLUTION urging that the Ainsworth Overpass be named in honor of Charles Kilbury. WHEREAS, Charles Kilbury ably served the citizens of Pasco and the balance of the 16`x' Legislative District as state representative for eight years, from 1971 to 1979; and WHEREAS, Charles Kilbury ably served the Pasco community as a member of its City Council for 19 years, including a four-year period in the 1960s followed by a continuous 15-year period from 1990 until his death in 2005; and WHEREAS, throughout his public service tenure, Charles Kilbury tirelessly strived to improve the transportation system for the Pasco community and the state of Washington, as he recognized the profound effect the transportation system has on the quality of life of each citizen; and WHEREAS, Charles Kilbury attended countless meetings involving transportation issues, ranging from state transportation planning sessions and Good Roads and Transportation Association meetings around the state, to local and regional meetings, always a strong advocate for transportation improvements of all forms; and WHEREAS, the Pasco City Council finds it appropriate and deserving that a significant transportation improvement be named in honor of Charles Kilbury to commemorate his 40 years of public effort as a tireless and selfless advocate of the transportation system, NOW, THEREFORE, BE IT RESOLVED that the Pasco City Council hereby respectfully requests and urges the Washington State Transportation Commission to name the SR397/Ainsworth Overpass in honor of Charles Kilbury and, further, that appropriate signing be installed so that current and future generations will remember the exemplary service he carried out for so many years. PASSED by the City Council of the City of Pasco this day of July 2006. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy Leland B. Kerr Deputy City Clerk City Attorney AGENDA REPORT TO: City Council July 6, 2006 FROM: Gary Crutch it Manager Workshop Mtg.: 7/10/06 SUBJECT: Local Housing rust Fund Oversight Committee I. REFERENCE(S): 1. Letter from CAC Director to Mayor dated 6/26/06 2. Interlocal Agreement II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 7/10: Discussion III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: A) The state of Washington, acting through its legislature, has established objectives to improve low income housing opportunities throughout the state. The state authorized (in 2002) counties to collect a fee in conjunction with recording of official documents,provided the additional funds are used for low income housing efforts. B) Franklin County established the fee and has accumulated about $300,000 over the past three years for such an effort. The county and the four cities within the county entered into an interlocal agreement earlier this year which provides for an oversight committee to determine best use of the funds for the purposes required by state law. The agreement provides that the oversight committee is composed of eight members, four of which are to represent Pasco (the structure better reflects that 70% of the county-wide population lives within Pasco). C) The county has contracted with the Community Action Council (CAC) to administer the program, in accordance with the interlocal agreement and oversight committee. The CAC has requested that the cities and county identify their representatives so that meetings can commence to develop specific program details and initiate funding decisions. V. DISCUSSION: A) City Council needs to determine the makeup of the four representatives on behalf of the city. From a policy standpoint, it would be beneficial to have at least one Councilmember on the oversight committee. In addition, from a technical standpoint, it would be helpful to have the city's Community Development Director on the oversight committee. Beyond that, the other two positions could be filled by citizen appointment or additional Councilmembers. B) Given the fact that the oversight committee is new and constructing a new county- wide program and the city is a significant part of that background, staff recommends the initial appointments consist of three Councilmembers and the Community Development Director (or two Councilmembers, the Community Development Director and the Planning Commission Chair). 3f) BENTON FRANKLIN Community Action Committee June 26, 2006 Attention: Franklin County Administrator Joyce Olson, Mayor of Pasco Gary Walton, Mayor of Connell Donna Fone, Mayor of Kahlotus Patti Sa lle, Mayor of Mesa Subject: Local Housing Trust Fund `Oversight Committee' for Franklin County In accordance with Franklin County Resolution Number 2006-221, you are invited to appoint a representative to the Franklin County Oversight Committee, which will provide oversight for expenditure of funds comprising the Local Housing Trust Fund. Pursuant to Substitute House Bill 2060 (2002), the Local Housing Trust Fund established by the county shall be used for housing projects or units within housing projects that are affordable to very low- income persons with incomes at or below fifty percent (50%) of the area median income." The Oversight Committee will consist of 8 members representing the following: Franklin County (1) and the cities of Pasco (4), Connell (1), Kahlotus (1), and Mesa (1). The Steering Committee will meet at least semi-annually to establish proposal criteria, to review funding recommendations, and to make funding decisions. Please submit your appointment names and contact information in writing by July 21, 2006 to Benton Franklin Community Action Committee — 720 W. Court St. — Pasco, WA 99301, attention: Janine White. Thank you for your help in this matter. Sincerely yours Judith Gidley Executive Director 720 W.Court St. - Pasco,Washington 99301 • (509)545-4042 • Fax(509)544-9691 CONFORMED COPY 1674845 Page: 1 of 11 12/14/2005 03:31P FRANKLIN COUNTY COMMISSIONERAGREE 42.00 Franklin Cc, WA WHEN RECORDED RETURN TO: City of Pasco City of Connell City of Mesa City of Kahlotus 525 North 3`a PO Box 1200 PO Box 146 PO Box 100 Pasco,WA 99301 Connell,WA 99326 Mesa,WA 99343 Kahlotus,WA 99335 INTERLOCAL AGREEMENT BETWEEN FRANKLIN COUNTY, THE CITY OF PASCO, THE CITY OF CONNELL, THE CITY OF MESA, AND THE CITY OF KAHLOTUS IN PROVIDING FOR LOCAL HOMELESS HOUSING AND ASSISTANCE PROGRAMS/PLANS This Interlocal Ag[n2ment, hereinafter referred to as "Agreement," is entered into as of the-.; ay of �, 2005 between Franklin County, a political subdivision of the State of Washington, hereinafter referred to as "COUNTY," with its principal offices located at 1016 North 4th Avenue, Pasco Washington; and the City of Pasco, a municipal corporation with its principal offices located at 525 North Third, Pasco, Washington 99301; and the City of Connell, a municipal corporation with its principal offices located at 104 E Adams Street, Connell, Washington 99326-1200; and the City of Mesa, a municipal corporation with its principal offices located at 103 Franklin Street, Mesa, Washington 99343; and the City of Kahlotus, a municipal corporation with its principal offices located at E 130 Weston, Kahlotus, Washington 99335; hereinafter all the aforementioned cities referred to as "CITIES." This Agreement is entered into by the COUNTY under the authority of RCW 36.32.120, RCW 36.22.179, and Chapter 43.185C RCW. This Agreement is entered into by the CITIES under authority of RCW 36.22.179 and Chapter 43.185C RCW. This Agreement is in conformity with Chapter 39.34 RCW, the Interiocal Cooperation Act. To cant' out the purposes of this Agreement and in consideration of the benefits to be received by each party it is agreed as follows: Sec. 1. Purpose: The purpose of this Agreement shall be to provide for the collection, administration, and expenditure of RCW 36.22.179 funds to accomplish the INTERLOCAL AGREEMENT BETWEEN FRANKLIN COUNTY,THE CITY OF PASCO, � THE CITY OF CONNELL,THE CITY OF MESA,AND THE CITY OF KAHLOTUS IN PROVIDING FOR LOCAL HOMELESS HOUSING AND ASSISTANCE PROGRAMS/PLANS PAGE 1 OF 10 purposes of chapter 484, Laws of 2005, RCW 36.22.179, and Chapter 43.185C RCW in the COUNTY'S and CITIES' providing of local homeless housing programs/plans. Sec. 2. Parties: The parties to this Agreement shall be Franklin County, the City of Pasco, the City of Connell, the City of Mesa, and the City of Kahlotus. Sec. 3. Term: This Agreement shall be for ten (10) years from the date of execution unless any party elects to terminate the Agreement. Renewal of this Agreement shall be by separate written agreement of the parties. Sec. 4. The COUNTY shall: 1) By resolution approve and operate a homeless housing program/plan as authorized per Chapter 43.185C RCW. 2) File the homeless housing program/plan with the State of Washington Department of Community, Trade, and Economic Development. 3) Collect all RCW 36.22.179 funds. 4) By ordinance create a Homeless Housing and Assistance Fund or Account for deposit of the specified percentage of RCW 36.22.179 funds detailed in Section 4(5)(ii) of this Agreement. 5) Administer all collected RCW 36.22.179 funds in the following sequential order as follows: i) Retain two percent (2%) of all collected RCW 36.22.179 funds as a COUNTY collection fee. ii) Deposit sixty percent (60%) of the remaining balance of collected RCW 36.22.17 9 funds into a created Homeless Housing and Assistance Fund or Account to be used by the COUNTY and CITIES to accomplish the purposes of chapter 484, Laws of 2005. iii) Shall have the discretion to use six percent (6%) of the balance of the Homeless Housing Assistance Fund or Account for COUNTY administrative costs related to the homeless housing program/plan. iv) After satisfaction of the requirements of Sec. 4(5)(i)-(iii) of this Agreement, shall use the remainder of the Homeless INTERLOCAL AGREEMENT BETWEEN FRANKLIN COUNTY,THE CITY OF PASCO, THE CITY OF CONNELL,THE CITY OF MESA,AND THE CITY OF KAHLOTUS IN PROVIDING FOR LOCAL HOMELESS HOUSING AND ASSISTANCE PROGRAMS/PLANS PAGE 2 OF 10 Housing Assistance Fund or Account balance to accomplish the goals of the homeless housing program/plan per the requirements of RCW 36.22.179, Chapter 43.185C RCW, and this Agreement. v) Remit the remaining portion of collected RCW 36.22.179 funds not deposited in the Homeless Housing Assistance Fund or Account to the state treasurer for deposit in the state homeless housing account. 6) As permitted by Section 4(5)(iii) of this Agreement and RCW 36.22.179, shall enter into a separate Professional Services Agreement with the Benton-Franklin Community Action Committee (CAC) to organize and support a local homeless housing task force to facilitate the creation of the local ten (10) year homeless housing program/plan. Compensation to CAC in the Professional Services Agreement shall be a COUNTY administrative cost in an amount not to exceed six percent (6%) of the balance of the Homeless Housing and Assistance Fund or Account as determined by the COUNTY. 7) Abide by the terms of this Agreement. Sec. 5. The CITIES' shall: 1) Each by resolution shall individually elect to join and support the COUNTY approved homeless housing programlplan as authorized per Chapter 43.185C. The CITIES shall each provide a copy of their resolution to the COUNTY on or before December 15, 2005. 2) By executing this Agreement, agree with the use and compensation of CAC per Section 4(5)(v) of this Agreement to organize and support a local homeless housing task force to facilitate the creation of the local ten (10) year homeless housing program/plan. 3) Abide by the terms of this Agreement. Sec. 6. Mutual Cooperation: All parties to this Agreement agree to provide mutual cooperation and make good faith efforts to assist one another in fulfilling the terms of this Agreement. Sec. 7. No Property Acquisition or Joint Financing: This Agreement does not provide for the acquisition, holding, or disposal of property. Nor does this Agreement contemplate the financing of any joint or cooperative undertaking. There shall be no budget maintained for any joint or cooperative undertaking pursuant to this Agreement. INTERLOCAL AGREEMENT BETWEEN FRANKLIN COUNTY,THE CITY OF PASCO, THE CITY OF CONNELL,THE CITY OF MESA,AND THE CITY OF KAHLOTUS IN PROVIDING FOR LOCAL HOMELESS HOUSING AND ASSISTANCE PROGRAMS/PLANS PAGE 3 OF 10 Sec. 8. Termination: Notwithstanding any other provision of this Agreement, any party may terminate this Agreement anytime upon ninety (90) days written notice of intent to terminate, with the termination to become effective upon expiration of ninety (90) days from the notice of termination date. Such notice of termination shall be by appropriate action of the elected governing body of the terminating party and shall be provided to all parties subject to this Agreement. Termination date shall be the date upon which the elected governing body of the terminating party took formal action to terminate this Agreement. Sec. 9. Notice: Any formal notice or communication to be given under this Agreement shall be deemed properly given, if delivered, of if mailed postage prepaid and addressed: To: Franklin County To: City of Pasco Attn: County Administrator 525 North Third 1016 North 4th Avenue Pasco, WA Pasco, WA 99301 To: City of Connell To: City of Mesa 104 E Adams Street/ 103 Franklin Street/ P O Box 1200 P O Box 146 Connell, WA 99326-1200 Mesa, WA 99343 To: City of Kahlotus E 130 Weston/P O Box 100 Kahlotus, WA 99335 Sec. 10. Independent Contractors: The parties and their employees or agents performing under this Agreement are not deemed to be employees, officers, or agents of the other parties to this Agreement and shall be considered independent contractors. Sec. 11. Record Keeping: All parties to this Agreement shall maintain books, records, documents, and other evidence that properly reflect all costs of any nature expended in the performance of this Agreement. Such records shall reflect financial procedures and practices, participant records, statistical records, property and materials records, and supporting documentation. These records shall be subject at all reasonable times to review and audit by the parties to this Agreement, the Office of the Washington State Auditor, and other officials so authorized by law. Sec. 12. Non-Discrimination: All parties to this Agreement certify that they are equal opportunity employers. INTERLOCAL AGREEMENT BETWEEN FRANKLIN COUNTY, THE CITY OF PASCO, THE CITY OF CONNELL, THE CITY OF MESA,AND THE CITY OF KAHLOTUS IN PROVIDING FOR LOCAL HOMELESS HOUSING AND ASSISTANCE PROGRAMS/PLANS PAGE 4 OF 10 Sec. 13. Liability: Each party to this Agreement shall assume the risk of, be liable for, and pay all damage, loss, cost and expense of its officers, officials, and employees arising out of any duty performed, or not performed, while acting in good faith within the scope of this Agreement. Sec. 14. No Third-Party Beneficiaries: The parties to this Agreement do not intend by this Agreement to assume any contractual obligations to anyone other than the parties to this Agreement. The parties do not intend that there be any third-party beneficiaries. Sec. 15. Assignment: No parties to this Agreement shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other parties. Sec. 16. Amendments or Modifications: This Agreement may be amended, altered, or changed in any manner by the mutual written consent of all parties. Sec. 17. Waiver: No waiver by any party of any term or condition of this Agreement shall be deemed or construed to constitute a waiver of any other term or condition or of any subsequent breach, whether of the same or a different provision of this Agreement. Sec. 20. Severability: If any of the provisions contained in this Agreement are held illegal, invalid, or unenforceable, the remaining provisions shall continue in full force and effect. Sec. 21. Administrator Designee For This Interlocal Cooperation Agreement: The Board of Franklin County Commissioners is designated as the administrator responsible for overseeing and administering this Agreement which provides for a joint and cooperative undertaking. Sec. 22. Filing: Copies of this Agreement, together with the resolutions of all the parties' governing bodies' approval and ratification of this Agreement, shall be filed with the Franklin County Auditor and the Secretary of the State of Washington after execution of this Agreement by all parties. Sec. 23. Counterparts: This Agreement may be executed by facsimile and in any number of current parts and signature pages hereof with the same affect as if all parties to this Agreement had all signed the same document. All executed current parts shall be construed together, and shall, together with the text of this Agreement, constitute one and the same instrument. INTERLOCAL AGREEMENT BETWEEN FRANKLIN COUNTY,THE CITY OF PASCO, THE CITY OF CONNELL,THE CITY OF MESA,AND THE CITY OF KAHLOTUS IN PROVIDING FOR LOCAL HOMELESS HOUSING AND ASSISTANCE PROGRAMS/PLANS PAGE 5 OF 10 Sec. 24. Effective: This Agreement shall become effective upon approval by the parties and recording with the Franklin County Auditor. '1�fL DATED this day of — 25t�' , 20x_. BOARD OF COUNTY COMMISSIONERS FRANKLIN COUNTY, WASHINGTON Frank H. Brock, Chairman Neva J. rum, Chairman Pro Tern Robert E. Koch, Member Attest: Clerk the Board Approved To Form: Ryan L Verhulp Deputy Prosecuting Attorney INTERLOCAL AGREEMENT BETWEEN FRANKLIN COUNTY,THE CITY OF PASCO, THE CITY OF CONNELL,THE CITY OF MESA,AND THE CITY OF KAHLOTUS IN PROVIDING FOR LOCAL HOMELESS HOUSING AND ASSISTANCE PROGRAMSIPLANS PAGE 6 OF 10 CITY OF PASCO me: 4"'1" Title: Approved As To Form: 1 \ Attest: Clerk of the Boar INTERLOCAL AGREEMENT BETWEEN FRANKLIN COUNTY,THE CITY OF PASCO, THE CITY OF CONNELL,THE CITY OF MESA,AND THE CITY OF KAHLOTUS IN PROVIDING FOR LOCAL HOMELESS HOUSING AND ASSISTANCE PROGRAMS/PLANS PAGE 7 OF 10 CITY OF CONNELL Name: 10ar1,.,4t 6� 4�A/•� Title: V,410/e Approved As To Form: Attest: Clerk of the Board INTERLOCAL AGREEMENT BETWEEN FRANKLIN COUNTY,THE CITY OF PASCO, THE CITY OF CONNELL,THE CITY OF MESA,AND THE CITY OF KAHLOTUS IN PROVIDING FOR LOCAL HOMELESS HOUSING AND ASSISTANCE PROGRAMSIPLANS PAGE 8 OF 10 CITY OF MESA � O'� �e Name: 19AT r-I 8f}1 L l 6- Title: M qYa e- Approved As To Form: Attest: `Clerk o the board INTERLOCAL AGREEMENT BETWEEN FRANKLIN COUNTY,THE CITY OF PASCO, THE CITY OF CONNELL,THE CITY OF MESA,AND THE CITY OF KAHLOTUS IN PROVIDING FOR LOCAL HOMELESS HOUSING AND ASSISTANCE PROGRAMSIPLANS PAGE 9 OF 10 CITY OF KAHLOTUS Name: Title: Approved As To Form: Attest: Cleric of the Board INTERLOCAL AGREEMENT BETWEEN FRANKLIN COUNTY,THE CITY OF PASCO, THE CITY OF CONNELL,THE CITY OF MESA,AND THE CITY OF KAHLOTUS IN PROVIDING FOR LOCAL HOMELESS HOUSING AND ASSISTANCE PROGRAMSIPLANS PAGE 10 OF 10