HomeMy WebLinkAbout2006.07.31 Council Workshop Packet AGENDA
PASCO CITY COUNCIL
Workshop Meeting 7:00 p.m. July 31,2006
1. CALL TO ORDER
2. VERBAL REPORTS FROM COUNCILMEMBERS:
3. ITEMS FOR DISCUSSION:
(a) Tri-Cities Visitor & Convention Bureau. (NO WRITTEN MATERIAL ON AGENDA).
Presentation by: Kris Watkins, President and CEO Tri-Cities Visitor and Convention Bureau.
(b) Benton Franklin Housing Continuum of Care 1110-Year Plan to Reduce Homelessness."
(NO WRITTEN MATERIAL ON AGENDA). Presentation by: Deborah Bluher, Vice-
Chairperson,Benton Franklin Housing Continuum of Care.
(c) Historic Preservation Ordinance:
1. Agenda Report from Richard J. Smith, Community & Economic Development Director
dated July 21, 2006.
2. Draft Historic Preservation Ordinance.
(d) Sign Code Amendment:
1. Agenda Report from Richard J. Smith, Community &Economic Development Director and
David I. McDonald, City Planner dated July 27, 2006.
2. Memo on Sign Code Amendment from the City Attorney.
3. Revised Draft Ordinance.
(e) Senior Center Facility and Programs Study:
1. Agenda Report from Paul Whitemarsh, Recreation Services Manager dated July 24,2006.
2. Proposed Agreement with Gerontological Consultants Northwest, Inc.
(f) Burden Boulevard Widening; Project No. 05-3-06:
1. Agenda Report from Doug Bramlette, City Engineer dated July 26, 2006.
2. Vicinity Map.
3. Bid Summary.
4. Resolution No. 2378.
(g) Replace 1988 Rescue/Grass Fire Truck:
1. Agenda Report from Gregory L. Garcia, Fire Chief dated July 19,2006.
(h) Amendment of PMC 16.06:
1. Agenda Report from Gary Crutchfield, City Manager dated July 27, 2006.
2. PMC Chapter 16.06 (Utility Service Requirements for Building Permits).
3. Map depicting areas excepted from requirement.
4. OTHER ITEMS FOR DISCUSSION:
{a)
(b)
(c)
5. EXECUTIVE SESSION:
(a)
(b)
(c)
6. ADJOURNMENT.
Reminders:
1. 12:00 p.m., Wednesday, August 2, 1135 E. Hillsboro Street - Franklin County Mosquito Control
District Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; JOE JACKSON,AIt.)
2. 5:30 p.m., Wednesday, August 2, DOT 1655 N. Fowler Street - Benton-Franklin Walla Walla
Good Roads and Transportation Special Meeting. (COUNCILMEMBER BOB HOFFMANN)
AGENDA REPORT NO. 68
FOR: City Council Date: July 21, 2006
TO: Gary Crutchfie anager Workshop: 07/31/06
Regular: 08/07/06
FROM: Richard J. Smi h, Director '1
Community & Economic Development
SUBJECT: Historic Preservation Ordinance
I. REFERENCE(S):
A. Draft Historic Preservation Ordinance
Ii. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
07/31/06: DISCUSSION
08/07/06: . MOTION: I move to adopt Ordinance No. , amending the
Pasco Municipal Code by creating a new Title 27 entitled Historic
Preservation and, further, to authorize publication by summary
only.
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. This proposal was discussed at the July 10, 2006 workshop. Staff
expressed concerns regarding the CLG requirements for the completion
of an inventory of historic properties and the absence of visible
community support in the neighborhoods which contain potentially
historic properties.
C. Staff recommended that Council consider an abbreviated historic
preservation ordinance which would allow the City to process special
valuation requests for properties now on the National Register of Historic
Places (Moore Mansion) and form a Historic Preservation Committee
which would educate the public and build support for a more
comprehensive preservation program. This is the approach that Walla
Walla used to establish their historic preservation program which now
has full CLG status.
V. DISCUSSION
A. The draft ordinance that Council reviewed at the July 10th Workshop
has been reviewed by the State CLG Coordinator for form and content.
Minor editorial changes have been made and.the document has been
formatted to PMC standards.
B. If the City Council approves this ordinance on August 7th, the next step
would be to solicit for members of the Historic Preservation Committee.
Staff would contact such organizations as the Franklin Historical Society
and Railroad Historical Society as well as advertising through normal
channels for Board/Commission appointments.
3(C)
TITLE 27
HISTORIC PRESERVATION
CHAPTER 27.040 PURPOSE .................................................................. 1
CHAPTER 27.050 SHORT TITLE. ........................................................... 1
CHAPTER 27.060 DEFINITIONS .................................. .......................2
CHAPTER 27.070 CITY OF PASCO HISTORIC PRESERVATION COMMISSION
..................................................................................3
CHAPTER 27.080 REVIEW AND MONITORING OF PROPERTIES FOR SPECIAL
PROPERTY TAX VALUATION...................................................................6
CHAPTER 27.090 CRITERIA .................................................................7
CHAPTER 27.100 AGREEMENT............................................................8
CHAPTER 27.110 APPEALS ..................................................................8
CHAPTER 27.040 PURPOSE.
27.040.010 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 the 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:
1) 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;
2) Foster civic and neighborhood pride in the beauty and
accomplishments of the past, and a sense of identity based on
Pasco's history;
3) Stabilize or improve the aesthetic and economic vitality and values
of such sites, improvements and objects;
4) Assist, encourage and provide incentives to private property
owners for preservation, restoration, redevelopment and use of
outstanding historic buildings, districts, objects, sites and
structures;
5) Promote and facilitate the early identification and resolution of
conflicts between preservation of historic resources and alternative
uses; and,
6) Conserve valuable material and energy resources by ongoing use
and maintenance of the existing built environment.
CHAPTER 27.050 SHORT TITLE.
27.050.010 SHORT TITLE. The following sections shall be known and
may be cited as the "Special Valuation for Historic Properties Ordinance of the
City of Pasco."
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CHAPTER 27.060 DEFINITIONS
27.060.005 DEFINITIONS. The following words and terms when used in
this ordinance shall mean as follows, unless a different meaning clearly
appears from the context:
27.060.010 CITY OF PASCO HISTORIC PRESERVAION COMMISSION.
"City of Pasco Historic Preservation Commission", or "Commission" means the
Commission created in Section 27.070.010 herein.
27.060.020 ACTUAL COST OF REHABILITATION. "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.
27.060.030 BUILDING. A "building" is a structure constructed by
human beings. This includes both residential and nonresidential buildings,
main and accessory buildings.
27.060.040 CLASS OF PROPERTIES ELIGIBLE TO APPLY FOR SPECIAL
VALUATION IN THE CITY OF PASCO. "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.
27.060.050 COST. "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.
27.060.060 EMERGENCY REPAIR. "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.
27.060.070 HISTORIC PROPERTY. "Historic property" means real
property together with improvements thereon, except property listed in a
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register primarily for objects buried below ground, which is listed on the
National Register of Historic Places.
27.060.080 LOCAL REVIEW BOARD. "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 27.070.010
herein.
27.060.090 NATIONAL REGISTER OF HISTORIC PLACES. "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.
27.060.110 OBJECT. 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.
27.060.120 OWNER. "Owner" of property is the fee simple owner of
record as exists on the Franklin County Assessor's records.
27.060.130 SPECIAL VALUATION. "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).
27.060.140 STRUCTURE. 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.
27.060.150 WASHINGTON STATE ADVISORY COUNCIL'S STANDARDS
FOR THE REHABILITATION AND MAINTENANCE OF HISTORIC PROPERTIES.
"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.
CHAPTER 27.070 CITY OF PASCO HISTORIC PRESERVATION
COMMISSION
27.070.010 CREATION AND SIZE. There is hereby established a City of
Pasco Historic Preservation Commission, consisting of five (5) members, as
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provided in Sections 27.070.020 and 27.070.030 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 Section 27.070.020(2) below.
27.070.020 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) professionals 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, curatorship, conservation, landscape architecture, 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.
27.070.030 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.
27.070.040 POWERS AND DUTIES. 1) Responsibility. The major
responsibility of the Historic Preservation Commission is to identify and
actively encourage the conservation of Pasco's historic resources by reviewing
National Register properties applying for Special Tax Valuation; 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:
a) 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.
b) Participate in, promote and conduct public information,
educational and interpretive programs pertaining to historic and
prehistoric resources.
c) 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.
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d) 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 City of Pasco.
e) Advise the Pasco City Council and the Mayor generally on matters
of Pasco's history and historic preservation.
#} Perform other related functions assigned to the Commission by the
Pasco City Council or the Mayor.
g) 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.
h) 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.
i) 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.
j) 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.
k) Serve as the local review board for Special Valuation and:
1. Make determinations concerning the eligibility of historic
properties for special valuation;
2. Verify that the improvements are consistent with the
Washington State Advisory Council's Standards for
Rehabilitation and Maintenance:
3. Enter into agreements with property owners for the duration
of the special valuation period as required under WAC 254-
20-070(2);
4. Approve or deny applications for special valuation;
5. Monitor the property for continued compliance with the
agreement and statutory eligibility requirements during the
10 year special valuation period; and
6. Adopt bylaws and/or administrative rules and comply with
all other local review board responsibilities identified in
Chapter 84.26 RCW.
1) The Commission shall adopt rules of procedure to address their
responsibilities under this ordinance.
27.070.050 COMPENSATION. All members shall serve without
compensation.
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27.070.060 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.
27.070.070 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.
CHAPTER 27.080 REVIEW AND MONITORING OF PROPERTIES FOR
SPECIAL PROPERTY TAX VALUATION
27.080.010 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.
27.080.020 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 Section 27.090.030 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 a Historic
Preservation Special Valuation Agreement (set forth in WAC
254-20-120 and in Section 27.100 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 27.090.020 of
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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.
CHAPTER 27.090 CRITERIA
27.090.010 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.
27.090.020 APPLICATION CRITERIA: Complete applications shall
consist of the following documentation:
1) A legal description of the historic property,
2) Comprehensive exterior and interior photographs of the historic
property before and after rehabilitation,
3) Architectural plans or other legible drawings depicting the
completed rehabilitation work, and
4) 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
5) 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.
6) Any other documents that the Commission needs to evaluate the
request. All costs shall be the responsibility of the applicant.
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27.090.030 PROPERTY REVIEW CRITERIA. In its review the
Commission shall determine if the properties meet all the following criteria:
1) The property is historic property;
2) The property is included within a class of historic property
determined eligible for Special Valuation by the City of Pasco. under
Section 27.080.020 of this ordinance;
3) The property has been rehabilitated at a cost which meets the
definition set forth in RCW 84.26.020(2) (and identified in Section
27.060.020 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).
27.090.040 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.
27.090.050 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).
CHAPTER 27.100 AGREEMENT
27.100.010 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).
CHAPTER 27.110 APPEALS
27.110.010 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.
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AGENDA REPORT NO. 70
FOR: City Council Date: July 27, 2006
TO: Gary Crutchfi ity 4anager Workshop: 7-31-06
Regular:
FROM: Richard J. Smit , Director
Community& conomic Development
David McDonald, City Planner -�Xt
SUBJECT: Sign Code Amendment (MF #CA06-001-CA)
I. REFERENCE(S):
A. Memo on Sign Code Amendment from the City Attorney
B. Revised Draft Ordinance
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
7/31/06 Review and Discussion
HI. 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. The City Council reviewed the proposed sign code amendments at the June 20`x'
and July I0"' Workshops.
V. DISCUSSION:
A. The City Attorney has completed his legal analysis of proposed sign code
amendments and has reorganized the proposal into proper ordinance format.
B. The attached memo prepared by the City Attorney provides an overview of the
issues that were considered during the City Attorney's legal analysis. As a result
of that analysis and comments made at Council Workshops, the following
changes have been incorporated into the proposed sign regulations:
1. Chapter 17.01 Title Purpose & Enforcement(page 2).
The purpose statement has been modified to conform with a recent ruling of
the Ninth Circuit Court of Appeals dealing with signs. The right of entry
section was also removed.
2. Chapter 17.03 Definitions.
#11 Durable (page 4)was modified to include weather-proof cardstock.
#27 Periphery of the Right-of-Way (page 5) definition was added
#32 Right-Of-Way (page 6) was changed to clarify right-of-way includes all
lands between sidewalks and property lines.
#37 Sign (page 6) minor word changes for clarity.
#69 Sign Limited Duration (page 9) definition was added.
3(d)
#90 Sign Temporary {page 11) removed the word construction.
3. Chapter 17.05 Sign Allowance Table.
17.05.020 A) Temporary signs (page 13). A paragraph was added containing
language consistent with the Ninth Circuit Court ruling.
17.05.020 A) 5) Garage or Yard Sale Signs (page 14). Language that
conflicted with yard sale licensing provisions was removed.
17.05.020 B) (page 14). Limited Duration signs (page 14). Paragraph added to
provide clarification for limited duration signs.
17.05.030 Exempt Signs (page 14). Added the words shall not require
application or fee and added subsection P (Political signs) on page 15.
17.05.050 Sign Illustrations (page 17). Section added to reference illustrations
used to help explain different types of signs.
4. Chapter 17.07 Permits, Fees and Inspections.
17.07.010 (page 17). Minor language change for clarification purposes.
17.07.010 F) Interpretation (page 18). Language added to gain consistency
with the Ninth Circuit Court ruling.
17.07.020 Application (page 18). Language added to clarify the application
process.
17.07.030 Fees (page 18). Added a reference to the Fee Summary in PMC
Chapter 3.07.
5. Chapter 17.09 General regulations.
17.09.010 Generally (page 19). Added a reference to the International
Building Code.
17.09.080 Relocation Required (page 20). Changed the relocation time frame
from 10 days to 30 days.
6. 17.11 Construction Standards.
17.11.020 F) Sign Quality (page 23). Language dealing with workmanship
changed to conform with the Ninth Circuit Court ruling.
7. 17.13 Off-Premise Signs.
17.13.010 F) (page 24). Language on lettering changed to conform with the
Ninth Circuit Court ruling.
17.13.040 Standards & Locations for Off-Premise Directional Sign Kiosks
(page 25). The word "will' changed to "may" in first paragraph under
subsection I.
17.13.050 Of-Premise Directional Sign Kiosk Design (page 26). Language
added to conform with the Ninth Circuit Court ruling.
17.13.070 Kiosk Licenses (page 26). All references to franchises changed to
license.
8. 17.15 Nonconforming Signs.
17.15.010 A) (page 27). Added a date certain for nonconforming signs.
17.15.020 Maintenance (page 27) Language added to explain what maintenance
includes.
9. 17.17 Variances and appeals.
17.17.010 B) (page 28). Notification procedures were added.
17.17.010 D) (page 28 & 29). Variance criteria were added to provide
guidance for the Hearing Examiner.
Some Council members expressed concern about the impact the proposed sign code may
have on campaign signs. The proposed code permits the placement of political signs in
the periphery of street right-of-ways or on private property without the necessity of
obtaining a permit. While political signs are exempt from permitting, they must conform
to all other requirements of the code such as being placed out of the vision triangle at the
corners of streets and alleys (Section 17.09.030 (page 19)). There is no restriction on the
number of campaign signs a candidate can erect. Campaign signs in the right-of-way can
be up.to six square feet in size. There is no size restriction for campaign signs on private
property. Campaign signs must be made of durable materials which includes weather-
proof card stock. Following an election, campaign signs must be removed within 15 days
(The current code requires removal in 10 days).
Following Council review staff will prepare a final draft ordinance for Council action.
PAINE, HAMBLEN, COFFIN, BROOKE & MILLER LLP
7025 Grandridge Blvd., Suite A
Kennewick, Washington 99336-7724
(509) 735-1542
MEMORANDUM
TO: Rick Smith, Director
Community & Economic Development
City of Pasco
FROM: Leland B. Kerr
Attorney at Law
DATE: July 24, 2006
RE: Sign Ordinance Amendment
I have reviewed the most recent changes to the proposed Sign Ordinance incorporating some of
the current concerns that we have previously discussed. I have been able to complete my legal
analysis of the Ordinance and have suggested additional changes which I have incorporated in
the draft which is attached.
As you will note, I have restructured the Ordinance because the format utilizing the existing Sign
Code proved to be too confusing and resulted in a number of duplications, the inclusion of
inappropriate sections and inappropriate numbering.
The Sign Code involves a lot more that immediately meets the eye.
Sign codes are subject to Constitutional scrutiny. Restrictions on the free expression through
commercial or noncommercial signs involve the First Amendment free speech considerations,
and as a result there are a number of cases from the United States Supreme Court that apply to
this area.
There has been traditional tension between the right of free speech and local government's right
to control the signage within its boundaries. The Supreme Court has made it clear that if there is
a conflict, free speech must be given preference. The result is a strict prohibition against the
restriction of content on a sign and significant restriction on the format of the sign to pass
constitutional muster.
The Court has ruled that the government may impose reasonable restrictions on the time, place or
manner of engaging in protected speech "provided that they are adequately justified without
reference to the content of the regulated speech. In addition to be justified without reference to
content, the restrictions must be narrowly tailored to serve a significant governmental interest
and leave open ample alternative channels for communication of information." (City of
Cincinnati vs. Discovery Network, 507 U.S. 410; Ward vs. Rock Against Racism, 491 U.S.781).
To pass muster under the Ward case, the challenged regulation must first be qualified without
reference to the content of the regulated speech.
Rick Smith
July 24, 2006
Page 2
The Supreme Court in Madsen vs. Woman's Health Center, 512 U.S. 753, stated the test as
follows:
"We . . . look to the government's purpose as the threshold consideration. It is
common ground that governments may regulate the physical characteristics of
signs. We have upheld restrictions on the size and aggregate areas of signs posted
on private property based upon the city's interest in aesthetics. . in this circuit a
regulation of speech is 'content-based' if a law enforcement officer must read a
sign's message to determine if the sign is regulated."
The Courts refer to this requirement as "content neutrality."
That test is applicable in a number of circumstances that affect this proposed ordinance.
First, any criteria that is based upon the content or attempts to limit the content of the sign or
even provides the opportunity to approve or deny the permit based in whole or in part upon the
content of the sign is constitutionally deficient.
This Ordinance looks to the content in a couple of fashions. The first is that category assigned to
deal with public messages (i.e., traffic signs, emergency signs, legal notices, etc.).
The Court has held a distinction which is referred to as "speaker base" exemptions. These
exemptions apply to a certain s eaker and not to particular content.
"Speaker-based Iaws demand strict scrutiny when they reflect the Government's
preference for the substance of what the favored speakers have to say (or aversion
to what the disfavored speakers have to say) . . . laws favoring some speakers over
others demand strict scrutiny when the legislature's speaker preference reflects a
content preference." (Turner Broadcasting System vs. FCC, 512 U.S. 658)
The second area is event-based exemptions. This applies to temporary signs and limited duration
signs. It is necessary for the City to express its intent and goal that signage will not be restricted
by content to reinforce evidence of the City's intent not to limit the substance of the speech in
any way.
The third area is the grandfathered clause. An ordinance is content-based where a change that
trips the grandfather exception can only be determined by evaluating the sign's contents. The
suggested change that would mean that they only would have to literally hold the two signs up
together to see if there is a change in the logo or copy without evaluating the substantive
message.
The next area of concern is the City's authority for design review. The City has the authority to
review the sign for clarity and legibility.. The Court has indicated the review of legibility entails
no more than an official reading a sign to insure that its text is visible from the streets so as not to
distract passing motorists and to determine that the size and other qualities of the sign are
compatible with the aesthetic goals of the City.
Rick Smith
July 24, 2006
Page 3
The other area of concern is the distinction between commercial and noncommercial speech.
"An ordinance is invalid if it poses greater restrictions on noncommercial than on commercial
billboards or regulates noncommercial billboards based upon their content." (National
Advertising Company vs. City of Orange, 861 F.2d 246).
This proposed ordinance does not make a distinction between commercial and noncommercial
speech. The only distinctions are essentially the location and duration that the sign can be
displayed. As long as these are rationally related to the activity and do not contain a restriction
on content.
The next major area of concern is that permitting may constitute prior restraint. To pass
constitutional muster, the Sign Ordinance must contain adequate procedural protections for
speakers and secondly, reasonably limit the discretion of local law enforcemnet officials.
"Generally, prior restraints are constitutionally suspect and may stand only if they
are imposed for a short period of time and provide a process for adequate and
swift appeal to a judicial body." (Freedman vs. Maryland, 380 U.S. 51).
This requires the evaluation containing procedural safeguards including sufficient criteria for
objectively making the determination for approval or rejection and providing a readily available
appellate process. As the opportunity for content regulations goes up, likewise scrutiny required
for permitting procedures and appellate review increases as well. As long as the Sign Code is
content neutral, the procedural requirements of established criteria and appellate review as
included in the proposed Ordinance, should be sufficient. "To avoid impermissible discretion,
the challenged ordinance should contain adequate standards to guide the official's decision and
render it subject to effective judicial review."
Earlier this year, the Ninth Circuit Court of Appeals dealt with a very similar case in GX
Limited Travel vs. City of Lake Oswego, 436 F.3d 1064 (2006), where numerous challenges were
made to City of Lake Oswego's new Sign Ordinance.
One of the major areas of attack was that of unbridled discretion. That ordinance passed judicial
muster because it contained language that stated the City may deny permits only when the sign
does not comport with the city's reasonably specific size and type criteria, or is not compatible
with the surrounding environment. In that case, the Court found that criteria sufficient since the
Sign Code essentially described the terms "surrounding environment" and "compatibility" in the
City of Lake Oswego's ordinance, and the officials determined whether the sign was compatible
with the surrounding environment while looking "only to the proposed sign's relationship with
other nearby signs, other elements of the street, and site furniture and with adjacent structures.
In determining whether the sign is compatible, the code instructs permitting officials to consider
a limited and objective set of criteria, namely "form, proportion, scale, color, materials, surface
treatment, overall sign size and the size and style of lettering."
Rick Smith
July 24, 2006
Page 4
I have incorporated that same language into this proposed Ordinance and avoided the more
vague requirement of"professionally" lettered or "workmanlike quality."
The Court has repeatedly struck down ordinances that contain vague findings of"harmful effect
upon the health" or "welfare of the general public" detrimental to aesthetic quality of the
community or "not in the public interest."
In the City of Lake Oswego's case, the Ninth Circuit Court of Appeals was impressed that the
permitting official in making its determination whether to grant the permit or not, must make
findings explaining why the sign is incompatible "and therefore not worthy of a permit."
The last area of significant challenge is that of vagueness.
Like all regulations, it may be unconstitutionally vague if the regulation fails to give persons of
ordinary intelligence adequate notice of what conduct is prescribed or it may permit or authorize
arbitrary and discriminatory enforcement, especially where the First Amendment of free speech
rights are concerned.
I have attempted to quantify or reduce some of those areas or suspected vagueness.
I hope this brief rendition of the constitional elements play in the adoption of this ordinance
helps create an ordinance that accomplishes the goal creating a safe and attractive community
while protecting the citizen's right of free expression.
If you have any questions, please do not hesitate to give me a call.
LBKlsla
Attachment
cc: Gary Crutchfield
ORDINANCE NO.
AN ORDINANCE of the City of Pasco, Washington, Enacting a New
Sign Code; and Repealing the Existing Sign Code Consisting of Chapter
17.02, 17.04, 17.08, 17.10, 17.12, 17.14,17.16,17.20, 17.24, 17.28, 17.32, 17.36,
17.40, 17.44, 17.46, 17.48, 17.52, 17.56 and 17.60
WHEREAS, the City of Pasco has by the legislature's adoption of the comprehensive
Growth Management Act been mandated to implement a plan for public and private facilities
that provides for the health, safety, and high quality of life enjoyed by the citizens of this State,
and to provide an attractive place to live; and
WHEREAS, to accomplish this goal, the City has secured the assistance of a
professional consulting group which utilized, in addition to their expertise and experience, case
studies from other cities facing similar challenges to the City of Pasco and seeking similar goals
to create a workable update to the City's sign regulations; and
WHEREAS, the consultant has worked with City staff, Pasco Downtown Development
Association and other individuals and groups to formulate new City sign regulations; and
WHEREAS, this proposal for a revised sign code was submitted to the City Planning
Commission, which in June 2005, conducted public workshops, and in July 2005, conducted a
public hearing receiving input from the citizens and businesses considering amendments to the
sign code; and
WHEREAS, in May 2006, the Planning Commission finalized review of the resulting
proposed sign code and has recommending adoption by the City Council of the sign code
amendments; and
WHEREAS, the City Council on June 26, 2006, at its workshop meeting, reviewed with
the City staff, the consultant and the public proposed revisions to the sign code, and the City
Council has found that to protect the health, safety, property and welfare for the citizens of the
City of Pasco; to provide for a neat, clean, orderly and attractive appearance of the community;
improve the effectiveness of the signs; to provide for safe construction, location, erection, and
maintenance of signs; to prevent proliferation of signs and sign clutter; to minimize adverse
visual safety factors to travelers on the public highways and on private areas opened to public
travel, including pedestrian safety; and, to provide for an increase in property values, business
opportunities and the City's overall appearance, it is necessary to regulate signs and sign
structures within the community; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO HEREBY
ORDAIN AS FOLLOWS:
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Section 1. That a new Chapter 17.01 entitled "Title, Purpose and Enforcement" of the
Pasco Municipal Code shall be and hereby is enacted and shall read as follows:
CHAPTER 17.01
TITLE, PURPOSE AND ENFORCEMENT
Sections
17.01.010 Short Title.
17.01.020 Purpose.
17.01.030 Enforcement.
17.01.040 Nonliability
17.01.050 Conflicting Provisions
17.01.060 Severability
17.01.010 SHORT TITLE. This Title shall be known as the Sign Code of the City
of Pasco.
17.01.020 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, ant the City's overall appearance. The purpose of this title is
implemented by imposing reasonable restrictions on the design, construction, use, maintenance
and quality of materials of all signs and sign structures without regard to the protected content
with restrictions that are narrowly tailored to serve these goals while leaving open ample
alternative channels for communication of information.
17.01.030 ENFORCEMENT.
A) Enforcing Authority. The City Manager or his appointee is authorized and
directed to enforce all provisions of this title.
(Provisions for right to enter private property removed from this section)
B) Violations and Penalties. It is unlawful and constitutes a civil infraction for any
person, firm, or corporation to erect, hang, construct, enlarge, alter, repair, move, convert, equip,
locate or relocate, 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
17.01.040 NONLIABILITY. This title shall not be construed to relieve from or
lessen the responsibility or liability of any party owing, operating, construction installing,
altering, removing, moving or controlling any sign in the City. Neither the City nor any agent
thereof shall be held as assuming any liability by reason of permit or of the inspection authorized
Ordinance-2
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hereunder or certificate of inspection issued by the City for damages to person or property
injured or damaged either in person or property caused by any defect therein
17.01.050 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 more restrictive standard shall prevail.
17.01.060 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, ad to this end the provisions of this
title are declared to be severable.
Section 2. That a new Chapter 17.03 entitled "Definitions" of the Pasco Municipal
Code shall be and hereby is enacted and shall read as follows:
CHAPTER 17.03
DEFINITIONS
Sections
17.03.01 Generally.
17.03.01 GENERALLY.
A) 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.
1) 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.
2) BUILDING means any structure built for the support, shelter, or enclosure
of persons, animals, chattels, or property of any kind.
3) BUILDING CODE means the building codes of the City adopted by Title
16 of the Code..
4) BUILDING OFFICIAL means the Building Official of the City and/or
the person designated to enforce the sign code by the City Manager.
5) BUILDING LINE means a line established by ordinance beyond which no
building may extend.
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6) CHANGE OF COPY. The change of a logo, and/or message upon the
face or faces of a legal sign.
7) CITY means the City of Pasco, Washington.
8) 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.
9) DISPLAY SURFACE means the area made available by the sign structure
for the purpose of displaying the advertising message.
10) DISTRICT OR ZONING DISTRICT means any district established
pursuant to the provisions of Title 25.
11) DURABLE means a non-biodegradable material that withstands
degradation from the elements such as weather-proof card stock, aluminum, metal, UV
protected plastics, treated or painted wood concrete, stone and similar materials.
12) ERECTS means to build, construct, attach, place, suspend, or affix,
including the painting of a wall sign.
13) FACE OF BUILDING means the general outer surface of any exterior
wall of a building or other structure.
14) 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.
15) FILLING STATION, PUBLIC 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 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.
16) FRONTAGE means the measurement of the length of the property line or
building front.
17) HEARING EXAMINER means the Pasco Hearing Examiner as set forth
in Chapter 25.84.
18) 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.
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19) MANSARD ROOF means a sloped roof or roof-like facade architecturally
able to be treated as a building wall.
20) MULTIPLE-BUILDING COMPLEX means a group of commercial or
industrial structures.
21) 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.
22) NONCONFORMING SIGN. Nonconforming signs are those which were
lawfully installed, but which do not comply with the requirements of this title.
23) NONSTRUCTURAL TRIM means the molding, batons, caps, nailing
strips, latticing, cutouts or letters and walkways that are attached to the sign structure.
24) PARAPET means a false front or wall extension above the roof line
25) 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.
26) PERIMETER means a square or rectangle required to enclose the sign
area.
27) PERIPHERY OF RIGHT-OF-WAY means that portion of the right-of-
way _lying behind the sidewalk or street improvements as the case may be.
28) PERSON means and includes persons, firms, partnerships, associations,
corporations, and other business entities.
29) PREMISES means the real estate as a unit, upon which is displayed the
sign or signs mentioned in this chapter.
30) PRIVATE ROAD OR DRIVEWAY means every way or place in private
ownership and used for travel of vehicles by the owner or those having express or
implied permission from the owner,but not by other persons.
31) PROJECTION means the distance by which a sign extends over public
property or beyond the property line.
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32) 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, including that hat space between the adjacent propelly line and the back of
the street and/or sidewalk improvements.
33) 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.
34) ROOFLINE means the top edge of a roof or parapet or the top line of a
building silhouette.
35) 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.
36) SIDEWALK means that property between the curb lines or the lateral
lines of a roadway and the adjacent 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 pedestrians.
37
display or illustration that
SIGN means a name, identification, description, p y
}
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 "sign" shall exclude any display of official court or
public office notice, emblem or insignia of a nation, political unit, school, or religious
group. A "sign' shall not exclude a sign located completely within an enclosed building
unless the public may view the sign from a roadway or sidewalk, or the context of this
chapter shall so indicate.
38) 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.
39) 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 wall as 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.
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I
40) 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.
41) SIGN -- BANNER means flexible material on which a sign is painted or
printed that is attached to a building or displayed on the grounds.
42) 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.
43) SIGN — BLADE OR PROJECTING 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 or parking area.
44) 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.
45) 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.
46) 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.
47) 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."
48) 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.
49) 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
50) SIGN — DIRECTIONAL OFF-PREMISE means a sign designated and
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used solely for the purpose of indicating the location or direction of a place or business
and which is located on private property separate from the place or business.
51) SIGN — DIRECTIONAL OFF-PREMISE KIOSK means a structure
erected by the City or a private party through a license agreement with the City in
approved locations bearing multiple off-premise directional signs
52) SIGN — DIRECTIONAL TRAFFIC means a sign that is located to guide
or direct pedestrian or vehicular traffic to parking entrances,exits and service areas.
53) SIGN — DIRECTORY OF TENANTS means a sign that identifies the
building or project name and the tenants which share a single structure or development.
54) SIGN—DOUBLE-FACED means a sign with 2 faces.
55) SIGN - ELECTRICAL means a sign or sign structure in which electrical
wiring, connections, and/or fixtures are used as part of the sign proper.
56) 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.
57) 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.
58) 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 sign.)
59) 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 I-
182, SR-395 and SR-12.
60) 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.
61) SIGN — GARAGE OR YARD SALE means a sign advertising a private
sale of personal household possessions; not for the use of any commercial venture.
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62) 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.
63) SIGN — IDENTIFICATION means a sign of an informational nature that
directs attention to certain uses other than businesses, individual private residences.
64) 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.
65) SIGN — 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", "patrolled by dogs",
etc.
66) 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.
67) 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.
68) 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.
69) SIGN - LIMITED DURATION means any sign advertising real estate
sales or rentals or construction projects utilized for a specified period of time.
70) SIGN MARQUEE OR READERBOARD means a sign that displays a
changing message using manually mounted lettering or electronic printout that may be
mounted on a building or freestanding pedestal or pole.
71) SIGN MARQUEE OR READERBOARD - PORTABLE means a sign
that displays a changing message using manually mounted lettering or electronic printout
that may be mounted on an easel, trailer, or other movable equipment.
72) SIGN - NAMEPLATE means a sign which indicates no more than the
name and address of the resident of the premises.
73) 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.
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74) SIGN - OFF-PREMISE 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 containing the names of multiple
businesses within the complex shall not be considered an off-premise sign.
75) 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.
76) SIGN - OFF-PREMISE INFORMATIONAL means a sign providing
inforration about events conducted at a public or other community facility in a location
different than the property on which the sign is posted.
77) SIGN — OPEN HOUSE means a sign welcoming viewers to a piece of
residential real estate that is being offered for sale.
78) SIGN — PEDESTRIAN-ORIENTED means a sign the primary purpose of
which is to provide information for pedestrians and bicyclists.
79) 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.
80) 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.
81) SIGN—POSTER means a decorative placard or advertisement intended to
advertise a movie, theater production, video or CD, or other product or special event that
is being conducted or offered for sale.
82) SIGN — READER BOARD means a lighted or unlighted business sign or
part of a sign on which the letters are readily replaceable such that the copy can be
changed from time to time at will.
83) SIGN — READER BOARD PORTABLE means a lighted or unlighted
business sign or part of a sign on which the letters are readily replaceable such that the
copy can be changed from time to time at will. A portable reader board is capable of
being moved or trailer-mounted and is not permanently affixed to the ground, structure or
building.
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84) SIGN —REAL ESTATE means a temporary sign 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 property.
85) 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.
86) 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.
87) 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.
88) 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.
89) 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.
90) 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. (removed the word
construction)
91) SIGN - TEMPORARY means any real estate, open house, special event,
garage sale, or political sign corresponding to a specific event and displayed for a limited
period of time.
92) SIGN—TRACT means signs used for the sale of real property in a platted
subdivision.
93) 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
having a commercial message or identification.
94) SIGN — WALL MURAL OR ARTWORK means a mural or artwork
painted to a building wall that may or may not have a commercial message, name, or
other advertisement incorporated. (Exterior surface color alone is not considered a mural
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Draft#2 7/25/06
or artwork.)
95) 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 exposed face of the sign parallel to the
plane of said wall or facade. A sign painted on the wall of a building or a sign painted or
attached to a marquee shall be considered a wall-mounted sign.
96) . SIGN — WINDOW means any sign which is painted or mounted onto an
exterior 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.
97) SIGN — WINDOW TEMPORARY INDOOR means any sign (or poster)
of a temporary nature displayed within a commercial building on the inside of the glass
or in close proximity to the window and may be viewed by persons outside of the
building.
98) 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.
99) STREET FRONTAGE means the side of the building facing a street that
abuts the property on which the building is located.
100) STRUCTURE means anything constructed or erected, the use of which
requires location on the ground or attachment to something having location on the
ground.
101) U.L. means Underwriters Laboratory.
102) ZONE, ZONING DISTRICT. See definition under District.
Section 3. That a new Chapter 17.05 entitled "Sign Allowance Table" of the Pasco
Municipal Code shall be and hereby is enacted and shall read as follows:
CHAPTER 17.05
SIGN ALLOWANCE TABLE
Sections
17.05.010 Interpretation of Sign Allowance Table.
17.05.020 Special Provisions by Sign Classification.
17.05.030 Exemptions
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17.05.040 Prohibited Signs.
17.05.050 Sign Illustrations
17.05.010 INTERPRETATION OF SIGN ALLOWANCE TABLE
A) The sign allowance table, as incorporated herein, 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.
17.05.020, SPECIAL PROVISIONS BY SIGN CLASSIFICATION
A) Temporary signs. This si na a shall not be restricted by content but is usual!
and customarily used to advertise real estate sales, political or ideological positions, garage sales,
special events having a specific date or duration. Such signage shall be subject to the following
provisions:
1) All exterior real estate-signs - shall be placed entirely on the property for
sale, except as provided below.
2) Residential "open 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 within the periphery of the 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 only during weekends beginning at 5:00 pm
Friday and ending at 8:00 am Monday.
3) Political Signs - may be placed within the periphery of the public roadway
provided they do not interfere with traffic - vehicular or pedestrian as provided in
17.05.040 D and 17.09.030, 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, posters,
portable reader boards, banners, strings of lights, clusters of flags, blinking lights,
Ordinance-13
Draft#2 7/25/06
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 balloons and inflatables can not be more than 70 feet
above the surface of the ground.
5) Garage or Yard Sale Signs. (Language on one sign per quarter was
removed)
a) No garage/yard sale sign shall be placed, affixed, stapled, glued, or
taped to any utility pole, street sign, tree, stop sign, fence, etc.;
b) No yard garage/yard sale sign shall be placed on a subdivision
fence;
c) No garage/yard sale sign shall be placed on the right-of-way of any
roadway in such a manner as to interfere with traffic, both vehicular and
pedestrian, as provided in 17.05.040 D and 17.09.030 or interfere with any
residential, commercial or industrial property;
d) No garage/yard sale signs shall be placed on private property for
more than 72 hours, regardless of the length of the sale.
6) Duration — except for political or 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.
B) Limited Duration Signs. This signage shall not be restrained by content, but is
usually and customarily used to advertise nonpermitted events of longer duration than temporary
signs to advertise real estate sales or rentals and construction projects that were used during the
period of the real estate sales or rental campaign with the completion of the construction project.
Specific conditions and period of duration are identified in the chart in Section 17.05.010 above.
17.05.030 EXEMPT SIGNS. The following signs shall not require gpplication, fee
or 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:
Ordinance-14
Draft#2 7125106
i
A) Changing of the advertising copy or message on theater marquee, readerboards,
and similar signs.
B) Painting, repainting, cleaning, repairing and other normal maintenance, unless
structural or electrical changes are made.
C) 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.
D) Interior signs, provided that no interior sign shall be permitted in the R-S-20, R-S-
12, R-S-1, R-1 and R-2, R-3, R-4, R-I-A and R-1-A2 zoning districts.
E) Temporary signs and decorations that are customary for special holidays and that
are erected on private property.
F) Signs directly related to a municipal building, structure or installed by the city or
required by a governmental entity.
G) Bona fide religious symbols.
H) 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.
1) Sculptures, fountains, mosaics, and design features that do not incorporate
advertising or identification.
J) The flag of governments or noncommercial institutions such as schools, with the
poles treated as structures.
K) Official public notices of federal, state or local governments, official court
notices.
L) Signs not intended to be viewed by the public from the street right-of-way.
M) Lettering or symbols painted directly onto or flush-mounted magnetically onto an
operable vehicle.
N) Identification signs upon recycling collection containers for public, charitable or
nonprofit organizations.
O) Emblems of local nonprofit organizations and community service clubs, including
signs less than two square feet that identify the meeting place and time.
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P) Political signs.
17.05.040 PROHIBITED SIGNS. From and after September 1, 2006, it is unlawful
for any person to maintain, erect or place within the city:
A) A swinging projecting sign.
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 sign. This provision is not to be
construed as prohibiting the identification of a firm or its principal products on a vehicle
operating during the normal course of business. This does not include automobile for sale signs
or signs attached to licensed buses or taxis.
Q Private signs placed in or upon a public right-of-way, except as expressly
provided herein.
D) Any 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 or 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
F) Signs attached to utility poles, trees, rocks or other natural features;
G) Signs attached to fences
H) Signs attached to benches on public rights-of-way;
I) 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.
J) Off-premise signs except those expressly permitted herein and except that a
maximum of two such signs no more than 2 square feet in size shall be permitted within the
periphery of the roadway in such a manner as to not interfere with traffic both vehicular and
pedestrian, as provided in 17.05.044 D and 17.09.030 only during weekends beginning at 5:00
pm Friday and ending at 8:00 am Monday, provided they do not create a traffic hazard.
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Draft#2 7/25/06
K) Balloons or inflatables attached, anchored or tethered to a roof of a building.
17 05 050 SIGN ILLUSTRATIONS To assist in the application of this Title, the
Communily & Economic Development Department shall maintain a brochure of exam les
provided to illustrate the purpose, design principals and format demonstrating permissible signs
allowed in this Title to assist in the interpretation and enforcement of the Sign Code.
(Insert Sign Allowance Table)
Section 4. That a new Chapter 17.07 entitled "Permits, Fees and Inspection" of the
Pasco Municipal Code Shall be and hereby is enacted and shall read as follows:
CHAPTER 17.07
PERMITS, FEES AND INSPECTION
Sections
17.07.010 Permits, Fees and Inspection.
17.07.020 Application.
17.07.030 Fees
17.07.040 Maintenance.
17.07.050 Inspections.
17.07.060 Approval
17.07.010 No sign shall be erected, constructed, altered, relocated or modified
without first obtaining a permit pursuant to the provisions of this Title unless specifically
exempted herein. (This section was reworded for clarification purposes)
A) Permit—Number Required. A separate permit shall be required for a sign or signs
for each business location. If 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 permit, such sign 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, regulation or
provision of this chapter.
D) Change of Copy - 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.
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E) Wall Sign 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.
F) Interpretation. In all applications for permits where a matter of interpretation
arise, the most restrictive definition shall prevail. Approval shall be dependent u op n the showing
that the proposed sign meets the specific size and type criteria required under this Title and is
compatible with the surrounding environment The Building Official,shall consider the proposed
sign's form, proportion, scale, color, materials, surface treatment overall sign size and the size
and styling of the lettering considering its relationship with other nearby signs, other elements of
the street and site improvements and with adjacent structures
17.07.020 APPLICATION. The permit required by this section is issued by the
Building Official pursuant to the provisions of this Chapter. In determining whether the criteria
for gpproval of a sin permit are satisfied the Building Official shall use the criteria set forth in
this sign code. A decision is to be made within fourteen (14) working days of receipt of a
complete application and payment of the fee required Application for a sign permit shall be in
written form upon forms furnished by the Building Official and shall include information as the
Building Official deems necessary to show full compliance with this sign code and all other laws
and ordinances affecting the construction and location of the sign.
17.07.030 FEES. A nonrefundable fee shall be paid upon the filing of an application
for a sign permit in accordance with Chapter PMC 3.07 Fee Summary.
17.07.040 MAINTENANCE. All signs shall be maintained in a state of security,
safety, and good repair. It shall be the responsibility of every owner of real property and his 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.
17.07.050 INSPECTIONS. All signs for which a permit is required shall be subject
to inspection by the Building Official. The permit holder shall notify the Building 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 by the State
Department of Labor and Industries.
C) Final - to be made immediately after erection.
17.07.060 APPROVAL.
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Draft#2 7/25/06
A) Each sign shall be adequately constructed - in accordance with the requirements
of the International Building Code and Sign Codes, as amended.
B) Signs containing electrical circuitry -.shall meet the requirements of all state laws
and shall include an approved testing lab sticker.
Section 5. That a new Chapter 17.09 entitled "General Regulations" of the Pasco
Municipal Code shall be and hereby is enacted and shall read as follows:
CHAPTER 17.09
GENERAL REGULATIONS
Sections
17.09.010 Generally.
17.09.020 Fire Exits.
17.09.030 Traffic obstruction and visibility.
17.09.040 Removal of dangerous and/or illegal signs.
17.09.050 Abandoned signs and frames.
17.09.060 Property owner's consent.
17.09.070 Projection over public property.
17:09.080 Relocation required.
17.09.090 Clearance from power lines.
17.09.100 Aerial power source.
17.09.010 GENERALLY. All signs, including the frames, braces or supports,
including all structural attachments thereof, shall be constructed and maintained in accordance
with this title, the International Building Code, Title 25, and all other applicable ordinances of
the City.
17.09.020 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.
17.09.030 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. 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 15 feet from the intersection of a street and alley).
17.09.040 REMOVAL OF DANGEROUS AND/OR ILLEGAL SIGNS. If the
Building Official finds that any sign is unsafe or insecure, or is a menace to the public safety, or
Ordinance- 19
Draft#2 7/25/06
has been constructed, erected, relocated or altered 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 such sign. If the owner or tenant fails to comply with the provisions of this title within 10
days after such notice, the Building Official may cause such sign to be removed and the cost
thereof shall be paid by the owner or tenant. The Building Official may cause any sign that is an
immediate peril to persons or property to be removed summarily and without notice.
17.09.050 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 Official, the Building 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.
17.09.060 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 tenant.
17.09.070 PROJECTION OVER PUBLIC PROPERTY. Signs supported entirely on
private property may extend into the public right-of-way as set forth in the Sign Allowance Table
(Chapter 17.10), provided that in no event shall any sign be permitted to extend beyond the curb
line. In the absence of a curb, the curb line shall be established by the City Engineer.
17.09.080 RELOCATION REQUIRED. The Building Official may, on 30 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.
17.09.090 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 clearance prescribed by the Electrical Construction Code of the
Washington State Department of Labor and Industries. 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.
17.09.100 AERIAL POWER SOURCE. No aerial or overhead power source shall be
allowed for any type of sign.
Section 6. That a new Chapter 17.11 entitled "Construction Standards" of the Pasco
Ordinance-20
Draft#2 7/25/06
Municipal Code shall be and hereby is enacted and shall read as follow:
CHAPTER 17.11
17.11 CONSTRUCTION STANDARDS
Sections
I
17.11.010 General construction
17.11.020 Construction
17.11.010 GENERAL CONSTRUCTION
A) GENERAL. All signs shall be designed and constructed to resist wind and
seismic forces as specified in this chapter and the International 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.
B) WIND LOADS. For the purpose of design, 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.
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, shall be assumed to be acting simultaneously with the wind or
seismic loads.
E) ALLOWABLE STRESSES. The design of wood, concrete, or steel members
Ordinance-21
Draft#2 7/25/06
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.
17.11.020 CONSTRUCTION.
A) 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 the following:
1) Structural steel shall be of such quality as to conform to 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 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 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
might become dangerous because of vibration, corrosion, disintegration, or an other
l�' � Y
reason.
C) RESTRICTIONS ON COMBUSTIBLE MATERIALS. Freestanding signs may
be constructed of any materials meeting the requirements of this title.
Wall 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.
Ordinance-22
Draft#2 7125/06
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 17.11.410 B).
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.
F SIGN QUALITY. All signs, and a copy thereon visible from the street shall be
desijzned and constructed to reduce distraction to motorists and copy thereon shall be clear
legible and compatible with other permitted signs within that zoning district. (Replaces
language requiring signs to be lettered in a workmanship like manner.)
Section 7. That a new Chapter 17.13 entitled "Off-Premise Signs" of the Pasco
Municipal Code shall be and hereby is enacted and shall read as follows:
CHAPTER 17.13
17.13 OFF-PREMISE SIGNS
Ordinance-23
Draft#2 7/25/06
Sections
17.13.010 Generally.
17.13.020 Off-Premise Directional Sign Standards.
17.13.030 Off-Premise Directional Sign Location & Approval Requirements.
17.13.040 Standards and Locations for Off-Premise Directional Sign Kiosks.
17.13.050 Off-Premises Directional Sign Kiosk Design.
17.13.060 Eligibility Requirements to use Kiosk Space.
17.13.070 Kiosk Licenses.
17.13.010 GENERALLY. Except where otherwise specifically permitted by this
Code, it shall be unlawful and constitute a civil infraction for any person or entity to erect,
maintain, locate, or re-located any off-premise sign of any kind within the City of Pasco.
17.13.020 OFF-PREMISE DIRECTIONAL SIGN STANDARDS. All off-premise
directional signs 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 2.5 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 as
approved by the Community & Economic Development Director.
F) All signs, including the lettering thereon, shall be reviewed for clarity, legibility
and compatibility with other signs within the zoning district.
17.13.030 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.
Ordinance-24
Draft#2 7/25/06
I
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
F) Not be adjacent locations identified in 17.30.040.
17.13.040 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.
H) Oregon Avenue & James Street.
I) Lewis & 28th Avenue.
The City Council may 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 the public right-of-way or private
property on sites that are compatible with the surrounding environments and complying with the
criteria set forth in this code and do not create hazard upon approval by the Community &
Economic Development Director.
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Draft#2 7125/06
i
17.13.050 OFF-PREMISE DIRECTIONAL SIGN KIOSK DESIGN. Off-premise
directional sign kiosks shall be 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. As a minimum criteria, 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 compatible with the character of the
surrounding commercial environment, if any.
17.13.060 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 E)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.
17.13.070 KIOSK LICENSES. All off-premise sign kiosks not erected by the City
must. be covered by a license prior to permitting. All licenses shall be approved by the City
Council. At a minimum a licensee shall contain terms and conditions that will permit the
location and construction of an off-premise sign kiosk. All licenses shall be prepared by the City
Attorney and shall bind the licensee to strict construction, design,maintenance, and sign message
conditions. Licenses shall be non-exclusive and will give the City the right to authorize or reject
the placement of individual sign plates based upon their form, proportion, scale, color, materials,
surface treatment, overall sign size, and the size and style of the lettering, without restriction by
content. The licensee shall have an obligation to include sign plates of competing businesses or
developments if said sign plates are approved by the City.
Ordinance-26
Draft#2 7/25/06
Section 8. That s new Chapter 17.15 entitled "Nonconforming Signs" of the Pasco
Municipal Code shall be and hereby is enacted and shall read as follows:
CHAPTER 17.15
17.15 NONCONFORMING SIGNS
Sections
17.15.010 General.
17.15.020 Maintenance.
17.15.030 Moving of Alterations.
17.15.040 Appeal.
17.15.050 Removal of Nonconforming Signs.
17.15.010 GENERAL.
A) Prohibited signs under Section 17.05.040, existing on September 1, 2006, may
continue in use subject to the conditions of this Chapter. Every sign 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 of this title, shall be removed or altered so as to conform with the provisions of
this title within five (5)years from the effective date of such amendment or change.
17.15.020 MAINTENANCE. Nonconforming signs may be maintained, repaired
and repainted without a permit or fee; however, the sin other than change of copy, may not be
modified (unless the modification brings the sign into compliance with this code) expanded,
relocated or structurally altered. Maintenance excludes major structure repairs designed to
extend the useful life of the nonconforming sign. If the nonconforming sign is damaged by
wind fire neglect, or by any other cause and such damage exceeds 60% of its replacement
value the nonconforming sign will be removed. Upon change of use of a business or premises, a
nonconforming,sign shall be brought into compliance with this code within 180 dates.
17.15.030 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.
17.15.040 APPEAL. The period specified in Section 17.15.010 may be extended by
the Hearing Examiner upon application of the person maintaining such sign if the Hearing
Examiner 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 City
Planner within 10 days after notice to remove the sign has been issued by the Building Official.
Ordinance-27
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17.15.050 REMOVAL OF NONCONFORMING SIGNS. If the provisions of
Section 17.15.010 are not complied with regarding removal or alteration of non-conforming
signs, and no appeal is made in accordance with Section 17.15.040, the non-conforming sign to
may be removed by the city, 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.
Section 9. That a new Chapter 17.17 entitled "Variances and Appeals" of the Pasco
Municipal Code shall be and hereby is enacted and shall read as follows:
CHAPTER 17.17
VARIANCES AND APPEALS
Sections
17.17.010 Variance and appeal procedure.
17.17.010 VARIANCES AND APPEALS PROCEDURE.
A) POWERS. Recognizing that there are certain cases that may, or may not, be
detrimental to aesthetic character, public health, safety and general welfare, and the effectiveness
of visual communication in the city 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.
B) VARIANCES AND APPEALS. Application for appeals and variances from the
ruling of the Building Official, concerning the provisions herein, may be made to the Hearing
Examiner. The City Planner shall receive all applications requesting review of the Building
Official's requirements, decisions, or determinations relating thereto, for a variance. The City
Planner shall fix a reasonable date and time for the public hearing and shall give at least 10 days
advance written notice thereof to the parties and to the owners of property within 300 feet of the
actual or anticipated location of this sign subject to the variance. The Hearing Examiner shall
conduct a hearing and make a decision following the procedures outline in Chanter 25.84 PMC.
C) STAY. An application to the Hearing Examiner 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.
D) VARIANCE CRITERIA. The Hearing_Examiner may @pprove a variance for the
requirement of this code if the applicant demonstrates that:
1) Strict application of the code requirement would den the he applicant a
reasonable opportunity to communicate by sign in a manner similar to like persons or
uses because of an unusual or unique circumstance relating to the property or the
Ordinance-28
Draft#2 7/25/06
I
proposal, such as site or building location buildine design, physical features of the
property, or other circumstance not created by the applicant;
2) The sign which would result from the variance will not affect the
surrounding neighborhood or other property affected by the request in a manner material
inconsistent with the VMoses of this sign code; and
3) The degree of the variance is limited to that reasonably necessary to
alleviate the problem created by the unique of unusual circumstances identified in
subsection A of this section.
E) Appeal Any person or entity having a direct interest affected by the decision of
the Community & Economic Development Director or Building Official regarding the approval
or denial of a permit, conditions imposed for approval, or interpretation or application of the
provisions of this sin code may appeal that decision to the Hearing Examiner in the same
manner as the procedure provided in subsection B above In hearing the appeal, the Hearing
Examiner shall give deference to the Community & Economic Development Director and
Building Official's ex ertise and the applicant shall bear the burden of proof that the Community
& Economic Development Director and/or Building Official's decision was arbitrary or
ca ricious or clearly erroneous.
F) Finality The Hearing Examiner shall render its decision together with the
written Findings of Fact within ten 10 working days of the close of the hearing.
G Unless a Land Use Petition Act appeal by a person having standing is initiated
pursuant to Chapter 36.70C RCW in the Franklin County Superior Court within 21 days of the
issuance of the land use decision the decision of the Hearing Examiner shall be final.
H) Collection of Expenses Incurred. Whenever, pursuant to the provisions of
Sections 17.15.040, or 17.15.050, the City 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.
Section 10. REPEAL
Ordinance-29
Draft#2 7125106
The existing Sign Code consisting of the following Chapters of the Pasco Municipal
Code shall be and hereby are repealed in their entirety:
Chapter 17.02, 17.04, 17.08, 17.10, 17.12, 17.14, 17.16, 17.20, 17.24, 17.28, 17.32,
17.36, 17.40, 17.44, 17.46, 17.48, 17.52, 17.56 and 17.60
Section 11. This Ordinance shall take full force and effect the first day of September
2006, after its approval,passage and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington and approved as
provided by law this day of 72006.
Joyce Olson
Mayor
ATTEST: APPROVED AS TO FORM:
Leland B. Kerr
City Clerk City Attorney
Ordinance-30
Draft#2 7/25106
AGENDA REPORT
FOR: City Council July 24, 2006
TO: Gary Crutchfield, i a ger Workshop Mtg.: 07/31/06
Stan Strebel r tive & Community Regular Mtg.: 08/07/06
Services c o
FROM: Paul Whitemarsh, Recreation Services Manager
SUBJECT: Senior Center Facility and Programs Study
I. REFERENCE(S):
A. Proposed Agreement with Gerontological Consultants Northwest, Inc. (GCNW)
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
7131: Discussion
8/7: MOTION:
I move to approve the professional services agreement with Gerontological Consultants
Northwest, Inc. and further, to authorize the City Manager to execute said agreement.
III. FISCAL IMPACT:
$6,570.00
IV. HISTORY AND FACTS BRIEF:
A) Pasco has one of the finest Senior Centers in the state but like so many others,
participation is falling off as the baby boomers are becoming the new seniors. The
recreation division has been concerned for some time that participation in many of
the traditional programs at the Senior Center has been declining. It is apparent that
the activities such as the weekly dances, card games, china painting and pot luck
dinners do not attract people as they once did.
B) The Senior Center Facility is a valuable resource, but to effectively serve the
community the City must develop uses and programs that will attract more active
seniors.
C) GCNW, a firm which specializes in senior services consulting, has the experience
and capability to assist staff and the Senior Advisory Committee in evaluating
current trends and programs and to assist in the development of recommendations for
the future of the facility. Staff recommends approval of the agreement.
3(e)
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, made and entered into between the City of Pasco, hereinafter
referred to as the "City", and Gerontological Consultants Northwest, Inc., hereinafter referred to
as the "Consultant".
WHEREAS, the City desires to engage the professional services and assistance of a
consulting firm to perform a study of the trends and services offered at the Pasco Senior Center.
NOW, THEREFORE, in consideration of mutual benefits accruing, it is agreed by and
between the parties hereto as follows:
I. Scope of work. The scope of work shall include all services and material necessary
to complete the work as outlined in the scope of services entitled "Pasco Senior Center Study,
Phase I, Scope of Services" marked as Exhibit A, attached hereto and incorporated herein by this
reference.
2. Ownership and use of documents. All research, tests, surveys, preliminary data
and any and all other work product prepared or gathered by the Consultant in preparation for the
services rendered by the Consultant shall not be considered public records, provided, however,
that:
A. All final reports, presentations and testimony prepared by the Consultant
shall become the property of the City upon their presentation to and acceptance by the City and
shall at that date become public records.
B. The City shall have the right, upon reasonable request, to inspect, review
and, subject to the approval of the Consultant, copy any work product.
C. In the event that the Consultant shall default on this Agreement, or in the
event that this contract shall be terminated prior to its completion as herein provided, the work
product of the Consultant, along with a summary of work done to date of default or termination,
shall become the property of the City and tender of the work product and summary shall be a
prerequisite to final payment under this contract. The summary of work done shall be prepared at
no additional cost, if the Agreement is terminated through default by the Consultant. If the
Agreement is terminated through convenience by the City, the City agrees to pay Consultant for
the preparation of the summary of work done.
3. Payments. The Consultant shall be paid by the City for completed work for
services rendered under this Agreement as provided hereinafter. Such payment shall be full
compensation for work performed or services rendered and for all labor, materials, supplies,
equipment and incidentals necessary to complete the work.
A. Payment for work accomplished under the terms of this Agreement shall be as
follows. Lump sum compensation (to include travel, meals and lodging, two trips to Pasco for
meetings) in the amount of$6,570.
G. C. Northwest, Inc. Senior Center Study
1
B. All vouchers shall be submitted by the Consultant to the City for payment
pursuant to the terms of this Agreement. The City shall pay the appropriate amount for each
voucher to the Consultant. The Consultant may submit vouchers to the City monthly during the
progress of the work for payment of completed phases of the project. Billings shall be reviewed
in conjunction with the City's warrant process.
C. The costs records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City for a period of three (3) years after final
payment. Copies shall be made available upon request.
4. Time of performance. The Consultant shall perform the work authorized by this
Agreement promptly and deliver the completed work product by October 1, 2006.
5. Hold harmless agreement. In performing the work under this contract, the
Consultant agrees to defend the City, their officers, agents, servants and employees (hereinafter
individually and collectively referred to as "Indemnities"), from all suits, claims, demands,
actions or proceedings, and to the extent permissible by law, indemnify and hold harmless the
Indemnities from
A. All damages or liability of any character including in part costs, expenses
and attorney fees, based upon, any negligent act, error, or omission of Consultant or any person
or organization for whom the Consultant may be responsible, and arising out of the performance
of professional services under this Agreement; and
B. All liability, loss, damage, claims, demands, costs and expenses of
whatsoever nature, including in part, court costs and attorney fees, based upon, or alleged to be
based upon, any act, omission, or occurrence of the Consultant or any person or organization for
whom the Consultant may be responsible, arising out of, in connection with, resulting from or
caused by the performance or failure of performance of any work or services other than
professional services under this Agreement, or from conditions created by the Consultant in the
performance or non-performance of said work or service, regardless of whether or not caused in
part by the party indemnified hereunder.
6. General and professional liability insurance. The Consultant shall secure and
maintain in full force and effect during performance of all work pursuant to this contract a policy
of comprehensive general liability insurance providing coverage of at least $500,000 per
occurrence and $1,000,000 aggregate for personal injury; $500,000 per occurrence and aggregate
for property damage; and professional liability insurance in the amount of $1,000,000. Such
general liability policies shall name the City as an additional insured and shall include a
provision prohibiting cancellation of said policy, except upon thirty (30) days written notice to
the City. The City shall be named as the certificate holder on the general liability insurance.
Certificates of coverage shall be delivered to the City within fifteen (15) days of execution of this
Agreement.
7. Discrimination prohibited. Consultant shall not discriminate against any
employee or applicant for employment because of race, color, religion, age, sex, national origin
or physical handicap.
G. C. Northwest, Inc. Senior Center Study
2
8. Consultant is an independent contractor. The parties intend that an independent
contractor relationship will be created by this Agreement. No agent, employee or representative
of the Consultant shall be deemed to be an agent, employee or representative of the City for any
purpose. Consultant shall be solely responsible for all acts of its agents, employees,
representatives and sub-consultants during the performance of this contract.
9. City approval. Notwithstanding the Consultant's status as an independent
contractor, results of the work performed pursuant to this contract must meet the approval of the
City.
10. Termination. This being an Agreement for professional services, either parry
may terminate this Agreement for any reason upon giving the other parry written notice of such
termination no fewer than ten (10) days in advance of the effective date of said termination.
11. General Provisions. For the purpose of this Agreement, time is of the essence.
Should any dispute arise concerning the enforcement, breach or interpretation of this Agreement,
venue shall be placed in Franklin County, Washington, the laws of the State of Washington shall
apply, and the prevailing parties shall be entitled to its reasonable attorney's fees and costs.
12. Integration. The Agreement between the parties shall consist of this document and
the Consultant's proposal attached hereto. These writings constitute the entire Agreement of the
parties and shall not be amended except by a writing executed by both parties. In the event of
any conflict between this written Agreement and any provision of Exhibit A, this Agreement
shall control.
13. Non-waiver. Waiver by the City of any provision of this Agreement or any time
limitation provided for in this Agreement shall not constitute a waiver of any other provision.
14. Non-assignable. The services to be provided by the contractor shall not be
assigned or subcontracted without the express written consent of the City.
15. Covenant against contingent fees. The Consultant warrants that he has not
employed or retained any company or person, other than a bona fide employee working solely for
the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any
company or person, other than a bona fide employee working solely for the Consultant, any fee,
commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or
resulting from the award of making of this contract. For breach or violation of this warranty, the
City shall have the right to annul this contract without liability or, in its discretion to deduct from
the contract price or consideration, or otherwise recover, the full amount of such fee,
commission, percentage, brokerage fee, gift, or contingent fee.
G. C. Northwest, Inc. Senior Center Study
3
16. Notices. Notices to the City of Pasco shall be sent to the following address:
CITY OF PASCO
P. O. BOX 293
PASCO, WA 99301
Notices to the Consultant shall be sent to the following address:
G. C. Northwest,Inc.
Donna Shewey, President
2221 SW 1"Avenue, Suite 625
Portland, OR 97201
Receipt of any notice shall be deemed effective three (3) days after deposit of written notice in
the U. S. mails, with proper postage and properly addressed.
DATED THIS DAY OF , 2006
CITY OF PASCO CONSULTANT: G. C. Northwest, Inc.
By: By:
City Manager
Title:
G. C. Northwest, Inc. Senior Center Study
4
Exhibit "A"
City of Pasco Washington
Pasco Senior Center Study
Phase I
Scope of Services
The proposed GCNW scope of work for Phase I of the City of Pasco Senior Center Study
will provide sufficient collection of data,research, review and community input for the
Senior Center Advisory Board to make recommendations to the City Council on the
future direction of the Pasco Senior Center.
The attached fee estimate is based on the following scope of work.
Task 1 Review Inventory of current Senior Center Programs and Activities
Task 2 Analyze who the present clientele (customer) is and address potential
changes in the coming years
Task 3 Research and review National Senior Center Trends, especially in the
Pacific Northwest and compare to the Pasco Senior Center
Task 4 Analyze Demographics of the City of Pasco and the surrounding area and
address how they will impact the Pasco Senior Center now and in the
future
Task 5 Conduct a visioning session and one follow up meeting after report
preparation with the Pasco Senior Center board, staff and community
volunteers who participated in the visioning session
Task 6 Address key community partners who have or should have interest in the
Pasco Senior Center
Task 7 Complete a written report addressing each of the above tasks and include
recommendations from the board visioning session and GCNW findings.
AGENDA REPORT NO. 23
FOR: City Council July 26,2006
TO: Gary Crutch , 1 Manager Workshop: July 31, 2006
Robert J.Alber ublic Works Director Regular Meeting: August 7, 2006
FROM: Doug Bramlette, City Engineer
SUBJECT: Burden Boulevard Widening; Project#05-3-06
I. REFERENCE
1. Vicinity Map
2. Bid Summary
3. Resolution#2378
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
7131: Discussion: Discuss the bids received on July 12, 2006 for the Burden
Boulevard Widening Project
III. FISCAL IMPACT:
Arterial Street Fund
IV. HISTORY AND FACTS BRIEF:
On July 12, 2006, staff received four bids for the Burden Boulevard Widening
Project # 05-3-06. The low bid was received from Transtate Paving Company, for
the total amount of$315,553.80. The second lowest bid was received from A & B
Asphalt for the amount of$331,425.60. The Engineer's Estimate for the project is
$238,030.00. The 2006 budget for the project is $200,000.00.
The project involves widening the south side of Burden Boulevard starting and
including the intersection at Road 44 to the intersection at Road 52. This project
reflects the commitment to widen Burden Boulevard from a two lane road to a
three lane road with bike lanes, as developments occur in accordance with
Resolution #2378. In 1998, the City recognized the need for improving the right-
of-way for continued and future orderly development in the I-182 corridor which
included improving Burden Boulevard. Section 3 of the resolution addresses
Burden Boulevard between Road 44 and Road 60.
Since 1998, the north side of Burden Boulevard has been widened, leaving the
south side to be improved. Prior to 1998 the land between Road 44 and Road 52
had been developed on the south side leaving the responsibility to widen that
portion of Burden Boulevard to the City. The bids received are for that project
including landscaping and sidewalks. The remainder of Burden Boulevard is
anticipated to be finished by developers in 2007.
Staff believes it is important for the City to follow through with the commitment to
widen Burden Boulevard even though the bidding climate is not favorable. The
landscaping portion of the bids added approximately $80,000.00 to the project.
Since landscaping is not typical for City street projects funded through the Arterial
Street Fund, staff recommends the Council allocate $50,000 of general funds to the
project. The remaining necessary funds would come from the Arterial Street Fund.
If Council is in agreement, staff will recommend award of the contract at the
August 7, 2006 Council Meeting.
V. ADMINISTRATIVE ROUTING
Project File
3(f)
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City of Pasco
BURDEN BOULEVARD WIDENING
Project No. 05-3-06
JULY 129 2006
BID SUMMARY
Total
Engineer's Estimate $238,030.00
1. Transtate Paving Company $315,553.80
2. A & B Asphalt $3311425.60
3. Inland Asphalt Company $3565644.80
4. West Coast Construction $3735603.40
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RESOLUTION NO. X3-7 r�p
�3
A RESOLUTION AFFIRMING CITY POLICY ON REQUIRED
STREET IMPROVEMENTS AND ACCESS IN THE 1-1.82
CORRIDOR. JA
WHEREAS, adequately developed and improved rights-of-way are .
necessary for access to property, for the movements of goods and services
within the community, for timely response by emergency personnel and
equipment, and for maintaining the general welfare; and
WHEREAS, adequately developed and improved rights-of-way are
necessary for continued and future orderly development of the City; and,
WHEREAS, adequately developed and improved 'rights-of way improve
and secure property values; and
WHEREAS, adequately developed and improved rights-of-way means
rights-of-way that contain curb, gutter, sidewalk; illumination, traffic control
devices,drainage control, engineered road bases, asphalt driving and parking
lanes, and monumentation all as approved by the City Engineer; and
WHEREAS, the primary purpose of arterial streets is to move traffic
from one point in the community to another, with property access being only
a-secondary function; and,
WHEREAS, the location and number of intersecting streets and
driveways on arterial streets effects the carrying capacity of arterial streets
and diminishes the value of the public investment therein; and,
WHEREAS, numerous driveways and intersecting streets at too
frequent intervals on arterial streets can hinder the free flowing movement of
traffic and leads to the creation of traffic safety hazards; and,
WHEREAS, the Planning Commission conducted a public workshop to
review the need for access and right-of-way improvement requirements as
property develops in the Road 68/1-182 area of the City ; and,
WHEREAS, the City Council has reviewed the Planning Commission's
work for right-of-way improvements and access restrictions for major streets
in the Road 68/1-182 area of the City and has determined that said access
restrictions and right-of-way improvements are needed to insure the public is
properly served in terms of maintaining the general welfare of the
community; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO:
JF;
Section 1. That Road 68 between 1-182 and Sandifur Parkway shall be
developed with five lanes, four travel lanes and a center turn lane.
Section 2. That local access and collector streets intersecting with Road 68
north of 1-182, and with Burden Boulevard shall not be located closer than
600 feet apart. ,
Section 3. That Burden Boulevard shall be developed from Road 60 to Road
44 with three lanes, two travel lanes, a center turn lane and a bike lane on
the north and south side. When needed these improvements could be
converted to four travel lanes.
Section 4. That adequate and proper right-of-way improvements shall
include: curb, gutter, sidewalk, illumination, traffic control devices, drainage
control, engineered road bases, asphalt driving and parking lanes if any, and
monumentation. All such improvements shall be approved by the City
Engineer prior to construction and prior to acceptance by the City.
Section 5. That the developer of real property shall be responsible for
installing the required improvements within the respective half of the right-
of-way width abutting the real property being developed, provided such
improvements will result in at least two (2) traffic lanes being available.
Section 6. That no residential driveways shall be permitted on Road 68
north of I-182, or on Burden Boulevard .
Section 7. That commercial driveways shall only be permitted at 200 foot
intervals on Road 68 north of I-182, and on Burden Boulevard.
Section 8. That right-of-way widths for all arterials shall not be less than 80
feet. The City may, where deemed necessary, require dedication of additional
right-of-way to accommodate right hand turn lanes.
Passed the City Council of the City of Pasco this 15 day of June, 1998.
c.
Charles D. lbury, M or
ATTEST: APPROVED AS TO FORM:
Catherine D. Seaman, Deputy City Clerk Leland B. Kerr, City Attorney
AGENDA REPORT
FOR: City Counci July 19, 2006
TO: Gary Crutch i i Manager Workshop Mtg.: 07/31/06
FROM: Gregory L. G cia, Fire Chief Regular Mtg.: 08/07/06
SUBJECT: Replace a 1988 Rescue/Grass Fire Truck
I. REFERENCE(S):
II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS:
7/31: Discussion
8107: MOTION: I move to authorize purchase of a replacement rescue vehicle to be
expended against the Equipment Replacement Reserve.
III. FISCAL IMPACT:
$98,000 expenditure
IV. HISTORY AND FACTS BRIEF:
A) The current Rescue/Grass fire truck was manufactured in 1988 which will make it 19
years old next year. Typically this type of vehicle is replaced after 15 years.
However, because it has not been driven long distances, the department has
maintained the vehicle beyond its typical life.
B) The current rescue truck also is a grass firefighting vehicle and with the growth in
the City (reduction in expansive dry grass areas), staff has determined that we no
longer need two grass firefighting vehicles. In 2002, we replaced the cab and chassis
of the primary grass truck, which made it a like-new vehicle. It would now be more
beneficial to have a regular rescue vehicle because of the increased traffic on the
streets and highways.
V. DISCUSSION:
A) After researching the type of vehicle that would be appropriate it was determined
that a heavy duty vehicle with a utility body would be better than having a
combination grass firefighting trick with the rescue equipment on board. The
vehicle would be lighter, faster and be able to carry the proper rescue equipment on
board. A combination vehicle limits the amount of rescue equipment that can be
carried on board.
B) There are sufficient funds in the Vehicle replacement Fund to purchase a new rescue
vehicle and to mount all of the necessary rescue equipment this year. Staff is
requesting permission to expend the funds to purchase the new rescue vehicle this
year.
3(9)
AGENDA REPORT
TO: City Council July 27, 2006
FROM: Gary Crutch anager Workshop Mtg.: 7/31/06
SUBJECT: Amendment o PMC 16.06
I. REFERENCE(S):
1. PMC Chapter 16.06 (Utility Service Requirements for Building Permits)
2. Map depicting areas excepted from requirement
II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS:
7/31: Discussion
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
A) In 1981, the City Council codified the standing requirement that any development in
the city authorized under issuance of a building permit by the city would
concurrently be required to connect that development to the city's water and sewer
systems. The purpose of such a requirement is obvious, in that it assures full
utilization of the utility infrastructure made by the city and its ratepayers as well as
assuring public health and sanitation standards are fulfilled in an urban environment.
At the time the standard was codified (Ordinance 2303 in 1981), the city also
provided for "waivers" to be authorized by the City Council for those developments
that were simply too far from an existing utility line to warrant the extraordinary
expense of extending it in conjunction with the proposed development.
B) While the "waiver" provision applies to any location within the city, the City
Council further provided that two specific areas of the city would be exempt from
the requirement to obtain a waiver to avoid extension or connection to the utility
system (see PMC 16.06.202). The purpose of the "exception" was to recognize that
both the FCID Industrial Park and the Southeast Pasco Annexation areas were
simply too far from the existing municipal sewer system to warrant any serious
consideration of requiring connection to the sewer system in conjunction with the
development and the city did not wish to create an impediment to development in
those areas by requiring a potential investment to first go through a waiver request.
C) Since 1982, the city's sewer system has been substantially extended so as to be
within the proximity of both the FCID Industrial Park and the Southeast Pasco
Annexation area, described in PMC 16.06.020.
V. DISCUSSION:
A) Given the fact that over the past 25 years, the city's sewer system has in fact been
extended so as to be in relative proximity to both of the referenced industrial areas, it
is no longer appropriate that those two areas be "excepted" from the fundamental
sewer service requirement. While a given development may wish to present a
request for waiver consideration by the City Council, it should have to meet the same
standard of review that all other properties in the city are subject to, since the sewer
system is in relative proximity to much of the two areas previously excepted. To
accomplish that change, PMC 16.06.020 should be deleted from PMC 16.06; the
effect of such a deletion would be simply to require connection to the sewer system
unless specifically waived by the City Council, as any other property in the city has
the right to request.
B) Given Council concurrence, an appropriate ordinance will be prepared for the next
regular meeting.
3(h)
CHAPTER 16.06 UTILITY SERVICE REQUIREMENTS FOR BUILDING
PERMITS
16.06.010 AVAILABILITY OF WATER AND SEWER SERVICE
REQUIRED ....................................................................................... 14
16.06.020 EXCEPTIONS ................................................................... 14
16.06.030 WAIVER - AUTHORIZED................................................... 14
16.06.040 WAIVER-CRITERIA........................................................... 15
16.06.010 AVAILABILITY OF WATER AND SEWER SERVICE
REQUIRED. The availability of City water and sewer service to the lot(s),
parcel(s) or tract(s) of land sought to be improved by construction of a
structure for human habitation, or industrial or commercial use, shall be a
prerequisite to the issuance of a building permit. No building permit shall be
issued without compliance with this section except as stated in this chapter.
"Availability of City water and sewer service" means the physical
connection to transmission lines of such service, after paying for all applicable
connection fees including the installation of a water meter and having the
water meter installed and activated or in the case of sewer service only the
physical presence of such service within a street, or other easement of the City
of Pasco adjoining the lot(s), parcel(s) or tract(s) of land to be improved. (Ord.
2412 Sec. 1, 1982; Ord. 2303 Sec. 1, 1981.)
16.06.020 EXCEPTIONS. The following listed areas of the City of Pasco
may be served by on-site sewage disposal meeting the requirements of the
Benton-Franklin Health Department. Availability of City sewer service shall
not be a prerequisite to a building permit in these listed areas:
(A) FCID industrial park subdivision with 1-1 or 1-2 zoning;
(B) The Southeast Pasco Annexation Area described in Ordinance No.
2042 with I-1 or I-2 zoning. (Ord. 2303 Sec. 2, 1981.)
16.06.030 WAIVER - AUTHORIZED. The prerequisite requirements for a
building permit stated in Section 16.06.010 may be waived by approval of the
City Council by majority vote at any regular meeting, upon such forms as they
shall deem necessary to enable them to make specific findings of fact as to why
a waiver should be granted. All such waivers must be applied for in writing on
a form or forms to be supplied by the City of Pasco and all denials of such
waiver shall also be in writing and state specific findings upon which the denial
is based. The grant of a waiver may be reasonably conditioned and any such
conditions shall be in writing, signed by the owner of the land, recorded and
run with the land. Such conditions may include but shall not be limited to the
following:
(1) A specific period of exception;
(2) Required participation in future public sewer and/or water service
extension by L.I.D. or other means;
(3) The signing by the owner of the property of a hold harmless and/or
indemnity agreement in favor of the City of Pasco. (Ord. 2303 Sec. 3, 1981.)
16.06.040 WAIVER-CRITERIA. Any determination to grant, deny, or
grant with conditions an application for a waiver described in Section
16.06.030 shall be based upon the following criteria:
A) Special circumstances applicable to the property in question or to
the intended use that do not generally apply to other properties or classes of
use in the same vicinity or zoning classification;
B) A waiver is necessary for the preservation and enjoyment of a
substantial property right or use possessed by other property in the same
vicinity and in zoning classification, which because of special circumstances is
denied to the property in question;
C) The granting of the waiver will not be detrimental to the public
welfare or injurious to any person, property or improvements thereon in such
vicinity and zoning classification in which the subject property is located;
D) The granting of a waiver will not conflict with the general intent of
this chapter;
E) Except as provided below, no waiver shall be granted for any
property lying within the boundaries of the Pasco Landfill ground water
protection area (the Protection Area) as delineated on the official map
designating said area on file at the City of Pasco Public Works Department. If
the City of Pasco receives a waiver request, it shall notify the Department of
Ecology of such request, and shall provide the Department of Ecology all
relevant information regarding such request.
F) If the residual hazardous substances in the groundwater
remaining within the entirety of the Protection Area are subsequently reduced
in concentration such that the method A or method B cleanup levels, as
applicable, established under WAC 173-340-700 through 173-340-760 are
met, then Section 5 hereof shall be of no further force and effect, if the
Department of Ecology, after public notice and opportunity for comment,
concurs. (Ord. 3469 Sec. 1, 2001; Ord. 2303 Sec. 4, 1981.)
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