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HomeMy WebLinkAbout2006.08.14 Council Workshop Packet AGENDA PASCO CITY COUNCIL Workshop Meeting 7:00 p.m. August 14, 2006 1. CALL TO ORDER 2. VERBAL REPORTS FROM COUNCILMEMBERS: 3. ITEMS FOR DISCUSSION: (a) Update on Housing Rehab Program: 1. Agenda Report from Richard J. Smith, Community &Economic Development Director and Cruz Gonzalez,Urban Development Coordinator dated August 3, 2006. 2. CHIP Area Map. 3. Project Status Report. (b) Solid Waste Contract Rate Adjustment: I. Agenda Report from Gary Crutchfield, City Manager dated.August 10, 2006. 2. Agenda Report dated March 13, 2006. 3. WUTC Letter dated 7125/06. 4. LeMaster and Daniels letter dated 8/9/06. 5. Proposed Rate Schedule. 6. Proposed Rates vs. Current Rates. 7. Comparison of Proposed Rates to Kennewick and Richland Rates. (c) Sign Code Amendment(MF#CA06-001-CA): 1. Agenda Report from Richard J. Smith, Community& Economic Development Director and David I. McDonald, City Planner dated August 7, 2006. 2. Revised Draft Ordinance. (d) Transfer of Surplus Property to Franklin County: 1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated August 1,2006. 2. Memo from Assistant Field Division Manager. 3. Proposed Resolution. (e) Capital Improvement Plan: 1. Agenda Report from Gary Crutchfield, City Manager dated August 10, 2006. 2. Proposed Capital Improvement Plan 2007-2012 (Council packets only; copy available in City Manager's Office,Pasco Library or on the city's website at www.ci.pasco.wa.us). 4. OTHER ITEMS FOR DISCUSSION: (a) (b) (c) 5. EXECUTIVE SESSION: (a) (b) (c) 6. ADJOURNMENT. Reminders: 1. 12:00 p.m., Monday, August 14, Pasco Red Lion - Chamber of Commerce General Membership Meeting. [Tri-City Visitor & Convention Bureau's Activities (Rivershore Enhancement, Conventions, Sports, Group Marketing and Media Outreach)presented by Tana Bader-Inglima and Kim Shugart.] 2. 5:30 p.m., Wednesday, August 16, Roy's Smorgy - Good Roads Association Board Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; MAYOR JOYCE OLSON,Alt.) 3. 12:00 p.m., Thursday, August 17, 322 W. Columbia Street - Pasco Downtown Development Association Board Meeting. (COUNCILMEMBER TOM LARSEN, Rep.; MATT WATKINS, Alt.) AGENDA REPORT NO. 72 FOR: City Council Date: August 3, 2006 TO: Gary Crutch e Manager Workshop: 8/14/06 FROM: Richard J. Smit , Director �5 Community & Economic Development C— SUBJECT: Cruz Gonzalez, Urban Development Coordinator U date on Housing Rehab Pro ram I. REFERENCE (S): A. CHIP Area Map B. Project Status Report II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 8/14/06 Discussion III. FISCAL IMPACT None IV. HISTORY AND FACTS BRIEF: A. Pasco entered into a HOME Consortium Agreement with Richland and Kennewick in 1995 making the City eligible for Federal HOME funds. In April 2005, this Agreement was extended to 2007. B. At the March, 2004 City Council Retreat, "Neighborhood Redevelopment" was listed as a goal for 2004-2005. The Redevelopment Strategy Plan, accepted by Council in 2004, recommended that assistance programs be concentrated in two neighborhoods in the vicinity of Longfellow School and the Franklin County Historical Museum (see Exhibit A). C. Key elements of the Revitalization Plan are providing financial assistance for the rehab of existing homes and providing down payment assistance to encourage owner occupants to move into the area. D. On September 6, 2005, the City Council contracted with Creative Housing Solutions to prepare program regulations for the housing rehabilitation and down payment assistance programs. E. On February 21, 2006, Creative Housing Solutions and the City of Pasco held a Community meeting for residents of the targeted neighborhood. The meeting had approximately 25 attendees and was held in both English and Spanish. F. To date, 2 homes have been completed and 14 are in process. G. At the workshop, the Urban Development Coordinator will present more detailed information on the projects and answer any questions council members may have. 3(a) Exhibit A pVE• � � � N x z f x ; 0 z v a m Z a -y-I O N. 11 TH A m N. 11TH AVE z g f Un .4 N. 10TH AVE P� T Ln LA� 9� F� N. 8TK AVE N. 8TH AVE Na Se FE D z � � R a m N 6� P N ' P Z A LN. 7TH AVE N. 7TH AVE 5• 6� � N. 5TH AVE N. 5TH AVE o FE z > m x N P`rc p1. 5 N. 4TH AVE v f Z N• x� A � `0l N.gR0 P 4 TA 0 S. 4 p� N N S Sc ZN� P s 14 1St s� S 2N0 p cl'7- M P !c Ln O N N. S. �S s PGO CITY OF PASCO COMMUNITY FIGURE HOUSING IMPROVEMENT PROGRAM (CHIP) AREA LOCATION MAP CD Ln Exhibit B O'J M : •� '0 O O O O ca W;} } !O- z Z O C14 co M > N''0 W > cn, ld •p Q E L N. N N. y m O: L� ( N U) O 0, 0 Y N N y O. O O D c0 N N. N, 0 0 Z 0 N N c0 m:w N N z a } > } }:az z A � } } zzz }.� o > } ZZZz _ .0_ o CN c N co LO M a N N ~ N LU 6 (o),', cn O C C C > O J N J Q N O - O N; N O O:: O �h. N- N N. O O O. �� N, N. O O O' Z Z!Z: 0 }'} } z z z N p } } } Z z fc): a Lc) V CO o co rn co O (0 O-J: - Q) N J O M E ch:. a > Cl) a; O Q Y Q p O N m N O CO• O m " N cn O, O O O' OO w a. 04 a n m }a z zzO.z zzz CD z F"Z : c') ^ roj� I m; W' � r L c L W O c o c c co co a) 't J: N:M J. 0) J a c-N N >:LO N L O �. N. �- �: fn N: N N: N - N 0. O N. O O. O: O O w Q�- Q1 d Q7' Oj' O i` ,a?' N N i N N� p O O m p- Q), N- Zpv } } } } z Z Q;} } } } a z F- :Q } } z z Z z N; L'. c _ co .A O O O ' O O C O G O- 7 Q d L U- O a O w N• yr �: L -a') N vi O: O O: " a' O� O O O O O Q1 O Q7 v- N O_ "O' N: O Z Z z .O N O Z z Z O (O L 7 N U M L L N O W: W JO J LLJ LU O J 0 (L W � QCLa � � eL:W cnag,a a. _ _ D p �. O.F.,O � 0 F•- 0 � U LL O:m 0'U LL D'G1 U) U LL WzzzO' Wzzz,0 WzzzO. W.d. vOOO W Na' VO,0O W v1:4 V OOOLu V O a U V V U W H F- H U 0 w F- F- F- Z 0. !L U U.0 W U) � > p.Q c F- I-'ru 0) O p p Q N,F- F- W_ Cl) > > O Q lLLI LULJ�W.LL. �F- �-F- dL W LLu Lu. - F.-:�_�;a U) L).Lu LL z F F- d: DZ LU co U) U) Lu ce J Il! U1 U1 N w W J LU U) U) U) LL! 000a2zzzo 010.0'< M.zzzU aOO.a2zz;zU' n0:000 � oW:mD0�O'000 oxJXD000'O � aa:aC� sv:c) 0 Qa;dC�,s0100 < Ca. U OISU!UUQ AGENDA REPORT TO: City Counci August 10, 2006 FROM: Gary Crutch i Manager Workshop.Mtg.: $/14/06 SUBJECT: Solid Waste C ntract Rate Adjustment I. REFERENCE(S): 1. Agenda Report dated March 13,2006 2. WUTC Letter dated 7/25/06 3. LeMaster and Daniels letter dated 8/9/06 4. Proposed rate schedule 5. Proposed rates vs. current rates 6. Comparison of proposed rates to Kennewick and Richland rates II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: $/14: Discussion III.. FISCAL IMPACT: No direct impact;will increase the general fund utility tax income by approximately $35,000. IV. HISTORY AND FACTS BRIEF: A) Following Council's discussion of this matter at its March 13 Workshop (see Agenda Report dated 319106, attached as reference 1), staff contracted with the Washington Utilities and Transportation Commission (WUTC) in Olympia to review the Basin Disposal Inc. (BDI) rate request just as they would if it were a county operation. Because the WUTC had reviewed BDI's books in 2005 for a county rate adjustment last year, the WUTC was readily able to provide the requested service to Pasco (see reference 2). In addition to the WUTC analysis, staff contracted with LeMaster and Daniels (a Kennewick accounting firm) to determine any irregularities or improprieties in the WUTC review (see reference 3). In addition, the WUTC analysis :and LeMaster and Daniels review was reviewed by a City Council committee composted of Mr. Garrison and Mr. Hoffmann: B) As outlined in the WUTC letter, BDI has experienced substantial increases in certain expenses over the past 4.5 years, most notably disposal fees (up 12%), wages and health benefits (up 14%) and fuel (up more than 100 0/'o). While growth in customer base has offset some of those costs, it has also required higher capital investment (more trucks, trailers and containers, etc.). The WUTC concluded the BDI revenue stream should be increased 10.3%, slightly less than BDI's request of 10.8%. Such an increase "across the board" would result in the proposed rate schedule in reference 4. C) In addition to the rate adjustment, BDI has noted the, need for a "fuel surcharge" which can be adjusted more frequently than its overall rate structure; indeed, the WUTC is presently developing such a formula to be used for those contracts which are governed by the WUTC. V. DISCUSSION: A) In view of the known cost influences (disposal fees,wages, health benefits and fuel), .the WUTC analysis and the accountant's conclusions, it is apparent that a rate adjustment of at least 10% is warranted. The most basic of those proposed rates 3(b) (residential and commercial) are compared to those currently in place in Kennewick and Richland in reference 6 (please see the footnotes to explain some of the differences). For the residential rate, the most significant consideration is "service level" (or "what does that rate purchase?"). As noted in reference 6, Pasco's rate provides virtually unlimited collection service;to obtain the same level of service in Kennewick or Richland, the respective rate would be increased through additional charges (75 cents per bag). Thus, while the total Pasco base rate would be about $1 per month higher than the average of Kennewick's and Richland's base rates, Pasco's base rate purchases much more than in Kennewick and Richland. B) The notion of a fuel surcharge is an attempt to simplify.and isolate the effect of one volatile element of the business operation. Staff is not at this time prepared to endorse or recommend an appropriate formula or procedure; rather, it is recommended that staff monitor the WUTC effort and use its product as a model for such a provision in Pasco. Thus, a specific recommendation should be forthcoming (hopefully)by year end. C) The Council committee and staff recommend Council concurrence in the WUTC conclusion and approval of the adjusted rate schedule reflected in reference 4 effective October 1, 2006. AGENDA REPORT TO: City Council March 9, 2006. . FROM: Gary Crutchfield, City Manager Workshop Mtg.: 3/13/06 SUBJECT: Solid Waste Collection Rates I. REFERENCE(S): 1. Letter to City Manager from Basin Disposal, lnc. (BDI) dated 2/8/06 II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 3/13: Appointment of ad-hoc.Council committee to review contractor's records and advise of appropriate rate adjustment, if any. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) The city is responsible to provide for solid waste collection and its proper disposal. For more than 50 years, the city has contracted with BDI (or its predecessors).to provide this essential community service. The rates charged by the contractor are subject to review and approval by the City Council, since the contractor has exclusive rights to waste collection in the city. B) The contractor (BDI) has provided written notice (as required by the contract) that it requires an adjustment in the collection rates. The rates were last adjusted in early 2002, or four years ago. In view of the economic circumstances experienced over the last four years,particularly fuel prices, an adjustment may be in order. To make that determination, however, it is best if city representatives have an opportunity to review the contractor's books; the purpose of such review is to determine the actual profittloss margin and the level of rate adjustment necessary to restore an appropriate margin (thus, preserving public health through effective provision of solid waste collection services in the community). V. DISCUSSION: A) The only option to a negotiated rate structure is to put the contract out for bid (or terminate the current contract and initiate a city-operated collection/disposal.system, like Richland).. However, because the provision of solid waste collection and disposal services is very capital intensive(large collection trucks,transfer station and trucks, etc.) such a new contract offer would necessarily be long term (at least seven to 10 years); such a contract would necessarily include provisions for rate adjustments, effectively putting the city in the same position it is now in. Thus, negotiation of rates for an existing contract is preferable to bidding. B) Because the financial documents necessary to arrive at a fair conclusion are proprietary, it is recommended that the Mayor appoint an ad-hoc committee (of two or three Councilmembers) to review the contractor's records and advise the City Council whether an adjustment is warranted and, if so,to what level. VA 4 � _ T ds y2 JUL8 Q j�(�[� L 2 2006 STATE OF WASHINGTON CIT `(..;ti r t Z WASHINGTON UTILITIES AND TRANSPORTATION COMMISSI(��C 1300 S. Evergreen Park Dr. S.W., P.O. Box 47250 • Olympia, Washington 98504-7250 (360) 664-1160 • TTY (360) 586-8203 July 25, 2006 Eldon Buerkle Management Assistant City of Pasco P.O. Box 293 Pasco, WA 99301 RE: Interagency Agreement Between the Washington Utilities and Transportation Commission and the City of Pasco, Contract No. 07-IA-14 Dear Mr. Buerkle: The Washington Utilities and Transportation Commission(UTC) entered into a contract with the City of Pasco (City) to review a proposed rate increase for solid waste collection service between the City and Basin Disposal (Basin). As set forth below, UTC staff has completed its review. Basin recently presented a proposal to the City for an increase in solid waste collection rates. The proposed rates will generate approximately$483,000 (10.83 percent) in additional revenue. UTC staff conducted a review based on financial information supplied by Basin for the fiscal year ended June 30, 2005. This financial information was compared to information Basin submitted to the UTC in a recent rate case proposing to increase solid waste collection rates in the unincorporated areas of Franklin, Benton and Walla Walla counties. The main drivers of the rate increase proposal are increased disposal fees (from $47.00 to $52.49 per ton), increased wages and benefits for drivers and office staff,and increased fuel costs. UTC staff analyzed this filing as follows: 1. Staff made restating adjustments to total company expenses to remove out-of- period expenses and bring the filing more in line with UTC ratemaking principles (e.g. straight-line depreciation instead of accelerated depreciation). These adjustments are similar to those UTC staff made in the rate case Basin previously filed with the UTC. 2. Staff made changes to the allocations separating the total company expenses between Pasco and other operations. The allocations are the same as those UTC staff used in the rate case Basin previously filed with the UTC. I Eldon Buerkle July 25, 2006 Page 2 3. Staff made pro forma adjustments to reflect known and measurable cost changes (e.g., a signed labor contract). 4. Staff applied the Lurito Gallagher operating ratio methodology to the pro forma company operations for allocated Pasco results. The Lurito Gallagher operating ratio calculation determines the operating ratio the company is authorized to achieve. The calculation incorporates the pro forma operating expenses, capital structure and average invested capital to determine the appropriate return on the invested capital. Staff determined the appropriate operating ratio for the Pasco contract is 95.05 percent. Operating margin is the complement to the operating ratio. The 95.05 percent operating ratio generates a 4.95 percent operating margin. The separated, pro forma operations result in a 102,62 percent operating ratio. UTC staff concludes the proposed rates should be revised. Staff recommends a$459,000 (10.3 percent)rate increase to allow Basin the opportunity to achieve the target 95.05 percent operating ratio. We believe this report satisfies the terms of our interagency agreement. Please contact Layne Demas (360-664-1251) or Eugene Eckhardt(360-664-1249) of our staff if you require additional explanation or have any questions. Sincerely, David W. Danner Executive Director cc: Carole J. Washburn, Executive Secretary <POKANE QUIN'CY COLFAX TRI-CITIFS GRANDV1FW WALLA WALLA LAKE WENATOIFF OMAK YAKIMA a riu.o LF MASTER& DANIELS PLLC ACC.C)UNTING ANP Mr. Gary Crutchfield, City Manager CONSULTIN0, City of Pasco P.O. Box 293 SERVICES Pasco, Washington Re: Review or Jashington Utilities and Transportation Commission 's Report on Rate Increase \{F.\iRF.R OF Dear Mr. Crutchfield: THE Per your request, LeMaster& Daniels has reviewed the report issued by the \1cGLADREY Washington Utilities and Transportation Commission (the Commission) dated July 25, 2006, regarding the rate increase request by Basin Deposal (Basin) for solid NMXIORK waste collection rates for services to the City of Pasco. We examined the methodology used by the Commission with regards to restating adjustments, pro forma adjustments, and the allocations separating the total company expenses between Pasco and other Basin operations. Based on our analysis of the Commission's report and inquiries to the Commission, we support the conclusion reached by the Commission on their July 25, 2006, report. Tri-Cities, Washington August 9, 2006 S-4VLIENTS'L"Ciry of Pasco-I 1013f)MODI Ieuer(Im NAMED 2001 FIRM OF THE YEAR BY THE%VAS[IINGTON SOC[FTY OF CERTIFIED Pt MLIC ACCOUNTANTS BDI-CITY OF PASCOIPROPOSED RATESIIMPACT RESIDENTIAL CURRENT PROPOSED TYPE OF SVC RATE RATE DEPOSIT $ 25.00 $ 35.00 RES 105'S $ 13.70 $ 15.00 RES 2-105'S $ 15.45 $ 16.92 RES 3-105'S $ 17.20 $ 18.84 RES 4-105'S $ 18.95 $ 20.76 ADDT'L 105-EACH $ 1.75 $ 1.92 SENIOR RATE 60 $ 5.70 $ 6.25 DELIVERY CHARGE $ 7.95 $ 8.71 RETURN TRIP CHARGE $ 8.75 $ 9.60 RESTART FEE $ 21.50 $ 23.59 EXTRA CAN/BAG $ - $ - EXTRA YARDS $ - $ - DRIVE IN $ - $ - CARRYOUT $ 1.00 $ 1.10 RETURN CHECK CHARGE $ 25.00 $ 35.00 COMMERCIAL DEPOSIT- 60 GALLON $ 25.00 $ 35.00 DEPOSIT- 105 GALLON $ 35.00 $ 35.00 COMMERCIAL 60 $ 14.45 $ 15.86 COMMERCIAL 105 $ 18.38 $ 20.17 EXTRA COMM CAN OR BAG $ 1.47 $ 1.61 EXTRA YARDS $ 3.80 $ 4.17 MULTI-FAMILY 60 GALLON $ 12.22 $ 13.41 105 GALLON $ 13.70 $ 15.03 TEMP SMALL CONTAINERS DELIVERY FEE $ 15.60 RENT $ 17.12 RENT 1 YD NIA NIA 1.5 YD N/A NIA 2 YD N/A NIA 3 YD $ 29.93 $ 3.80 $ 32.84 $ 4.17 4 YD $ 38.82 $ 3.80 $ 42.60 $ 4.17 6 YD $ 48.11 $ 3.80 $ 52.79 $ 4.17 8 YD $ 56.58 $ 3.80 $ 62.08 $ 4.17 PERM SMALL CONTAINERS PER P/U MO CHG DELIVERY FEE $ 15.60 $ 17.12 DEPOSIT MO RATE MO RATE 1 YD NIA N/A 1.5 YD $ 19.07 $ 82.57 $ 20.92 $ 90.67 2 YD $ 23.67 $ 102.49 $ 25.97 $ 112.54 3 YD $ 26.70 $ 115.61 $ 29.30 $ 126.94 4 YD $ 33.73 $ 146.05 $ 37.01 $ 160.37 6 YD $ 43,30 $ 187.49 $ 47.51 $ 205.87 8 YD $ 52.80 $ 228.62 $ 57.94 $ 251.03 Pasco Presented Price Out 8/10/2006 DROP BOXES $ - DELIVERY FEE $ 15.60 $ 17.12 DAILY RENT $ 3.80 $ 4.17 MILEAGE NIA NIA 11 YARD $ 104.00 $ 137.16 20 YD $ 125.00 $ 137.16 20 YD COMP $ 105.00 $ 142.64 25 YD COMP $ 116.00 $ 142.64 30 YD $ 130.00 $ 142.64 30 YD COMP $ 116.00 $ 164.59 35 YD $ 150.00 $ 164.59 35 YD COMP $ 150.00 $ 164.59 40 YD $ 150.00 $ 164.59 40 YD COMP $ 116.00 $ 164.59 45 YD $ 163.00 $ 178.85 50 YD $ 163.00 $ 178.85 MISC ADDT'L CHARGES CAR TIRES $ 2.75 $ 3.02 TRUCK TIRES $ 6.50 $ 7.13 TRACTOR TIRES-VARIES + $ 15.00 $ 16.46 PREP CONT FOR LOCK $ 45.00 $ 50.00 STEAM CLEAN (+DEL FEE) $ 23.22 $ 75.00 HOURLY RATE 1/2 HR MIN $ 52.25 $ 57.33 XTRA MAN MIN 112 HR MIN $ 63.85 $ 70.06 COMPACTED YDS $ 3.80 $ 4.17 REFRIGERATOR $ 35.00 $ 35.00 COMPACTOR TURNAROUND FEE $ 35.00 LOCK/UNLOCK CHARGE (P/U) $ 10.00 Pasco Presented Price Out 8/10/2006 r w a o � ❑ (n LO o N Cn ti h (n o o - O zw � T7tirn (n (no rn U� o tin N O N O N � Cl) N (D N O Y < r- co r� O O Z Z a w' m Q cn w J C7 EH J U a- CD o ❑ 0 Lo w W U m r` v ° Q U `� o � U o Q w m d F- Z LLI � � _U _ Cl) U w d w z ❑ Z z ❑ tea N ° ❑z x c)• Q O U� O (n LO N r` N Ch O O N Cf) z w G. O z O (D O co It 0) C) O (D LO N 00 C)) (,,) _ D W W N O N O C5 4 (n o I-- Cl) r r- ❑ 0 Q Q Y 2 t` O N (Q N Efl pj z QIL V � 0 w0 � N H W Z F- O 0 z Q CD ¢ f- 00 � Q Z � o � WwZ W p W w U w U o Q W w Du i C) 0 o v o v w rn rn m F- Q e LU C� O O (n Cl Vn (d) 0 (C) Cn r N r F-- F- O Z M U) 0 C) LO O O O LO Z CD r (D CO O Z Q (7 x O Q r r r Q r C) (D r (D w C z X � ER ffl r N N Q] } H Y w Q M H U W < z X Z) w )- V © 0 Q w J Q w U O w maUOZ � F o w Q2 > F- N m ° � aw .Jz � Om J h' UZ �LU co W UYWwQ � � � � Q Z O o O Q IL H ❑ U0 > F=-: 000 m o0) rn N co ti <r Ln ❑ 2Ci Q J Q U r• O Q w ;- ti M N oo ❑ z N �r N Z w w cf) om d d0 "t G (6 a) 4 co w Q uly W f- w °ZS a 1- :) 0 r Lo CF) cf) ❑ J w w U U? Cn W w ❑ Q Ef3 J r N ❑ z0� - N Z) mI > zY � L) efr J Uww m Z w y w w U w Z z W w a � cDrC!} Yd �" o LLI o L c , 2 H a ~ o N U W CO � C9 Y F- oowU) UU _ F- p¢ � � w J Z N � xx cr- z LLJ 0 O X x F- H w J cn LU J w W X I - z w z C) m � 0 z a } :_ W w Q > _ Q U (7 ~ Z) w LIJ z w Qsr E- O z_ � (n ❑ ❑ Q O N Z � 2 (A LU C) 0) o � jU � OQ U a wU) z LL � xwx Q � ZU � �.. � wp w Qa v U a a a OwQQIu Q z _j2 W F- � ? w m M. m m >, UZ = W � °z (D � aQ wQ NF- Q N m ° 6 coo n-yRm � Q � Oz F- x � � p � r N CO (n N w NJ � Fa„ fA UF- U AGENDA REPORT NO. 76 FOR: City Council Date: August 7, 2006 1 TO: Gary Crutchfi 1 it Manager Workshop: 8-14-06 Regular: FROM: Richard J. Sm' h, Director Community & conomic Development David McDonald, City Planner '50-ts— SUBJECT: Sign Code Amendment (MF # CA06-001-CA) I. REFERENCE(S1: A. Revised Draft Ordinance II. ACTION REQUESTED OF COUNCIL STAFF RECOMMENDATIONS: 8/14/06 Review and Discussion III. FISCAL IMPACT None IV. HISTORY AND FACTS BRIEF: A. Some time ago the City retained the services of the Beckwith Consulting Group to assist with updating the City's sign regulations. B. The Planning Commission held a public workshop in June and a public hearing in July of last year to consider amendments to the Sign Code. Following the public hearing the Planning Commission recommended the sign code be amended. In May of this year the Planning Commission reviewed and reaffirmed their recommendations for the Sign Code. C. The City Council has held several workshops over the last two months to refine the Planning Commission's recommendation on the proposed sign code. D. At the July 31St workshop the Council focused most of its discussion on business signs within the periphery of the public right-of-way. Such signs are considered off-premise advertising which heretofore have been prohibited in Pasco. Several Council members expressed concern about modifying the sign regulations to permit off-premise business signs in the right-of-way. However there was general support for permitting real estate open house signs and community event signs in the right-of-way. V. DISCUSSION: A. In response to Council discussion and direction at the July 31St workshop the following change have been made to the proposed sign code: 1. Chapter 17.03 Definitions. # 8 A definition for a Community Event was added. (pg 4) 2. Section 17.05.020 (4) Grand Opening & Special Event Displays. Added provisions to clarify where special event signs can be located. (pg13-14) i 3(c) 3. Section 17.05.030 (G) Changed wording for bona fide religious symbols to clarify they are to be located on the buildings or grounds of religious institutions. (pg 15) 4. Section 17.05.040 (G) Added wording to permit warning signs (eg. danger high voltage or beware of dog) on fences. (pg 16) 5. Section 17.05.040 (J) Eliminated the provisions allowing businesses to place off-premise signs in the periphery of the public right-of-way. (pg 16 & 17) 6. Ordinance Section 10: Applicability to Campaign Signs. Provisions were added making the proposed regulations applicable to campaign signs following the elections this year. (pg 30) 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 at its June 26, 2006, July 17 & 31, 2006 and August 14, 2006 workshop meetings, 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: Ordinance- 1 Draft#2 7/25/06 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. 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 hereunder or certificate of inspection issued by the City for damages to person or property Ordinance-2 Draft#2 7/25/06 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. Ordinance-3 Draft 42 7/25/06 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. 81 , COMMUNITY'EVENT. Means,..ar-commututy 'wide event open to.the general phbl�c and sponsored by a public agencu, a public r private school, or a not far profit ciyie org_arirzaiion. 9) 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. 10) 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 Ordinance-4 Draft 42 7/25/06 I II 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. 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 Ordinance-5 Draft#2 7125106 property or beyond the property line. 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 space between the adjacent property 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) SIGN means a name, identification, description, display or illustration that is affixed to, or represented directly or indirectly upon a building, structure, or piece of land and that directs attention to an object, product, place, activity, person, institution, organization or business. However, a "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. Ordinance-6 Draft#2 7/25/06 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 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. Ordinance-7 Draft 42 7/25/06 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. 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. Ordinance-8 Draft#2 7/25/06 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. 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. Ordinance-9 Draft#2 7/25106 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 information 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. 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. Ordinance-10 Draft#2 7/25/06 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. 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 or artwork.) 95) SIGN — WALL-MOUNTED means a sign attached or erected parallel to and extending from the facade or wail 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. Ordinance-11 Draft#2 7/25106 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 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. Ordinance- 12 Draft#2 7125106 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 signage shall not be restricted by content, but is usually 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 as provided in 17.05.040 D and 17.09.030, 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, 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. 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. c Grand: opening and .`s ecial event .si ns. for businesses must be Ordinance- 13 Draft#2 7125/06 located.on the g or'speeial event`-is taming place. d) Spee al event signs for a.community event<may be displayed on;or off the premises where the e-vent'is taking_place including in the periphery of the right-of-;way. e} Special event signs for:a comrriumty event located in the periphery of the right of-way niay not be larger-than 6 square feet; fZ ':Spec al event si ng s rnay,:be located ari the Robert Frost Elementary SchooFpedestrian`overpass'.ori North..26'Ayenue.>Said signs rna; b�ger than 6 square feet. 5) Garage or Yard Sale Signs. 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 application, 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 7/25/06 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-1-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 on the"buildings or krourids of:religious institutions. 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. I) 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 Ordinance- 15 Draft#2 7/25/06 signs less than two square feet that identify the meeting place and time. 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 except warning signs. H) Signs attached to benches on public rights-of-way; 1) 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. 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N � y ? o a�'i Of L N N y d p u fis CL CD w L L C V a LO o R u - a.V R R b A N R a O IV m m a d 4Yi c C"'C R=C w X O N H N OSQmcnF- Vfa` QO rou.,n $ m OwZin N M �Ln 10 1 00 Ol is::-N M T v3 A n s 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 Community & Economic Development Department shall maintain a brochure of examples 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. 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 Ordinance- 17 Draft#2 7125106 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. 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 upon 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 approval of a sign 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 riot 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. Ordinance- 18 Draft#2 7/25106 17.07.060 APPROVAL. 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). Ordinance- 19 Draft#2 7/25/06 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 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. Ordinance-20 Draft#2 7125106 Section 6. That a new Chapter 17.11 entitled "Construction Standards" of the Pasco Municipal Code shall be and hereby is enacted and shall read as follow: CHAPTER 17.11 17.11 CONSTRUCTION STANDARDS Sections 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 213rds 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. Ordinance-21 Draft#2 7125106 E) ALLOWABLE STRESSES. The design of wood, concrete, or steel members shall conform to the requirements of the building code. Loads, both vertical and horizontal, exerted on the soil shall not produce stresses exceeding those specified in the building code. The working stresses for wind or seismic loads combined with dead loads may be increased as specified in the building code. The working stresses of wire rope and its fastenings shalt 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: I) 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 any other reason. C) RESTRICTIONS ON COMBUSTIBLE MATERIALS. Freestanding signs may be constructed of any materials meeting the requirements of this title. Ordinance-22 Draft#2 7125/06 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. 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 17.11.010 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 designed and constructed to reduce distraction to motorists, and copy thereon shall be clear, legible, and compatible with other permitted signs within that zoning district. 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: Ordinance-23 Draft#2 7/25106 CHAPTER 17.13 17.13 OFF-PREMISE SIGNS 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 Ordinance-24 Draft#2 7/25/06 in a location that is difficult and or confusing to find. B) The business or place does not have direct access to an arterial street. C) That there are no other reasonable and cost effective alternatives of directing individuals to the business or place. l 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 17.34.040. 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& 28`h 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 Ordinance-25 Draft#2 7125/06 criteria set forth in this code and do not create hazard upon approval by the Community & Economic Development Director. 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 Ordinance-26 Draft#2 7125106 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. 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 sign, 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 days. 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 Ordinance-27 Draft#2 7/25/06 Planner within 10 days after notice to remove the sign has been issued by the Building Official. 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 17.1 5.040, 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 Chapter 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 approve a variance for the requirement of this code if the applicant demonstrates that: 1) Strict application of the code requirement would deny the applicant a Ordinance 28 Draft#2 7/25/06 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 proposal; such as site or building location, building 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 purposes 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 sign 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 expertise and the applicant shall bear the burden of proof that the Community & Economic Development Director and/or Building Official's decision was arbitrary or capricious 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. Ordinance-29 Draft#2 7/25/06 Section 10. APPLICABILITY T4 CAMPAIGN SIGNS The re ulations adopted in`;This"ordtrrariee applicable to catnpai signs shall riot become effective,until,.Deceiriber 1;2006: Section 11. REPEAL 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 12. 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 , 2006. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Leland B. Kerr City Clerk City Attorney Ordinance-30 Draft#2 7/25/06 AGENDA REPORT FOR: City Counci August 1, 2006 TO: Gary Crutctr Manager Workshop Mtg.: 8114106 Regular Mtg.: 8121106 FROM: Stan Strebeative and Community Services D SUBJECT: Tran sfer of Surplus Property to Franklin County 1. REFERENCE(S): A. Memo from Assistant Field Division Manager B. Proposed Resolution I1. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 8/14: Discussion 8121: MOTION: I move to approve Resolution No. authorizing the transfer of personal property surplus to City needs. III. FISCAL IMPACT: NIA IV. HISTORY AND FACTS BRIEF: A) State statute (RCW 39.33.010) authorizes governmental units to transfer real or personal property to other governmental units. B) Public Works has a surplus paint striper that is of little value to the City but which could be usefiil to Franklin County. C) Staff recommends a no cost transfer of the equipment. The attached resolution will serve to document and authorize the transfer. 3(d) City ofPasco Public Wanks Memorandum To: Webster Jackson, Administrative Services Manager From: Guy Sundvik, Assistant Field Division Manager Date: 16 June 2006 Re: Graco 3500 Line Striper We have an older walker style paint striper that is no longer of use to us. It is of little value, and the parts are not interchangeable with our newer equipment. Franklin County Public Works is just starting to do their own street painting, and with a little work, our machine would work well for them as a starter unit. I would like to do a direct transfer of property to them if possible. The following information is on the ID tag of the unit: • Part# 231132 o Serial # A3998 • Series # G95A Thank you. RESOLUTION NO. A RESOLUTION authorizing the transfer of personal property surplus to City needs. WHEREAS, there is a certain item of personal property surplus to City needs; and WHEREAS, said property can be used by Franklin County; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: SECTION 1: The item of personal property listed below is declared surplus property and city staff is authorized to transfer such property to Franklin County without cost: GRACO 3500 Line Striper, Serial #A3998, Series #695A PASSED by the City Council of the City of Pasco this day of August 2006. Joyce Olson, Mayor ATTEST: Sandy Kenworthy, Deputy City Clerk APPROVED AS TO FORM: Lee Kerr, City Attorney I AGENDA REPORT TO: City Council August 10, 2006 FROM: Gary Crutch I Manager Workshop Mtg.: 8/I4/06 SUBJECT: Capital Impro ment Plan I. REFERENCE(S): 1. Proposed Capital Improvement Plan 2007 — 2012 (Council packets only; copy available for review in the City Manager's office, Pasco Library or on the city's website at www.ci.pasco.wa.us). II. ACTION REQUESTED OF COUNCIL I STAFF RECOMMENDATIONS: 8/14: Discussion III. FISCAL IMPACT: IV. HISTORY AND FACTS: A) The city spends several million dollars annually on a wide variety of capital expenditures necessary to deliver or improve municipal services to its citizenry. Those capital expenditures range from parks, streets and utilities to buildings, fire engines and computers. B) Some of the capital improvement projects require debt financing. Given the constraints on operating revenues, it is important to properly plan for additional debt service obligations. Development of a six-year Capital Improvement Plan, which identifies the various capital projects expected to be undertaken each year and the method of financing for each, is essential to effective financial planning for the city. It is also beneficial to the general public, which can reasonably anticipate when certain improvements are expected to occur. C) Development.of the annual Capital Improvement Plan occurs as a prelude to the annual budget; the first year of.the approved Capital Improvement Plan is then incorporated into the subsequent annual budget document. Thus, review and discussion of the Capital Improvement Plan should be carried out with the notion that the conclusions reached represent guidance to staff in developing next year's budget. V. DISCUSSION: A) Staff will be prepared to answer questions about any of the projects included in the proposed Capital Improvement Plan at the Workshop. It is recommended that Council gain a thorough understanding of the document through discussion at the Workshop. Staff expects Council to take formal action approving the Capital Improvement Plan in September so that it can be used to develop the 2007 fiscal year budget during September/October. 3(e)