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2006.09.11 Council Workshop Packet
AGENDA PASCO CITY COUNCIL Workshop Meeting 7:00 p.m. September 11,2006 1. CALL TO ORDER 2. VERBAL REPORTS FROM COUNCILMEMBERS: 3. ITEMS FOR DISCUSSION: (a) Global Nuclear Energy Partnership Proposal: 1. Agenda Report from Gary Crutchfield, City Manager dated September 6,2006. 2. Proposed Resolution. (b) Annexation Area#20 (MF#ANX06-002): I. Agenda Report from David 1. McDonald, City Planner dated September 6, 2006. 2. Proposed Annexation Ordinance and Vicinity Map. 3. Proposed Zoning Ordinance. 4. Report to Planning Commission dated 7/20/06. 5. Planning Commission Minutes dated 7/20/06 and 8/17/06. 6. Annexation Petition. (Note: references 4, 5 & 6 are in Council packets only; these items are available in the Planning Office for public review.) (c) 2007 Community Development Block Grant Program Allocations and Annual Work Plan: 1. Agenda Report from Richard J. Smith, Community&Economic Development Director and Cruz Gonzalez, Urban Development Coordinator dated August 21, 2006. 2. 2007 Summary of CDBG Applications for Funding. 3. Planning Commission Minutes July 20, 2006 Workshop meeting and August 17, 2006 Public Hearing and Planning Commission Action. 4. Resolution Approving 2007 Allocations and Annual Work Plans. (d) 2007 HOME Fund Allocation: 1. Agenda Report from Richard J. Smith, Community & Economic Development Director and Cruz Gonzalez,Urban Development Coordinator dated August 1.8, 2006. 2. Resolution allocating 2007 HOME Funds. (e) Industrial Way Extension Road Project: 1. Agenda Report from Robert J. Alberts,Public Works Director dated September 7, 2006. 2. Vicinity Map. 3. Letter from Port Manager to City Manager dated September 8, 2006. (f) Sign Code Amendment(MF#CA06-001-CA): 1. Agenda Report from Richard J. Smith, Community& Economic Development Director and David L McDonald, City Planner dated September 7, 2006.' 2. Revised Draft Ordinance. (g) Appointments to Regional Hotet/Motel Commission: 1. Agenda Report from Gary Crutchfield, City Manager dated September 8, 2006. 2. Letter from Tri-Cities Visitor& Convention Bureau dated 8/29/06. 3. Section 5 of Interlocal Agreement establishing Tri-City Regional Tourism Promotion Area. (h) Lodging Tax Advisory Committee Appointments: 1. Agenda Report from Gary.Crutchfield, City Manager dated September 7, 2006. 2. Resolution No. 2314. (i) Parking Ordinance Revision/East Lewis Place: 1. Agenda Report from Richard J. Smith, Community & Economic Development Director dated September 8, 2006. 2. Map, 3. Draft Ordinance. (j) Street Sweeping Program: 1. Agenda Report from Gary Crutchfield, City Manager dated September 7, 2006. 2. Memorandum to City Manager from Public Works Director dated 8/23/06. (k) Reject Bids for the Vehicle Storage Building: 1. Agenda Report from Gregory L. Garcia, Fire Chief dated September 5, 2006. Workshop Meeting 2 September 11,2006 (1) Public Records Requests and Adopting the Washington State Attorney General's Model Rules: 1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated August 18, 2006, 2. Proposed Resolution. 4. OTHER ITEMS FOR DISCUSSION: (a) (b) (c) 5. EXECUTIVE SESSION: (a) (5) (c) 6. ADJOURNMENT. Reminders: 1. 10:00 a.m., Saturday, September 9, 4"' & Lewis Streets — Pasco's Fiery Foods Festival Welcome. (MAYOR JOYCE OLSON) (ALL COUNCILMEMBERS INVITED TO ATTEND) 2. 12:00 p.m., Monday, September 11, Pasco Red Lion—Chamber of Commerce General Membership Meeting. (Candidate's Forum: County Commissioner, District 3.) 3. 1:30 p.m., Monday, September 11, KGH — Emergency Medical Services Board Meeting. (COUNCILMEMBER TOM LARSEN, Rep.; JOE JACKSON, Alt.) 4. 10:00 a.m., Tuesday, September 12, Senior Center -- Senior Citizens Advisory Committee Board Meeting. (COUNCILMEMBER TOM LARSEN, Rep.; BOB HOFFMANN,Alt.) 5. 7:00 a.m., Thursday, September 14, Elmer's, Walla Walla — BFCG Tri-Mats Policy Advisory Committee Board Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; JOE JACKSON, Alt.) 6. 2:00 p.m., Thursday, September 14 — Ainsworth Overpass Ribbon Cutting Ceremony. (MAYOR JOYCE OLSON) (ALL COUNCILMEMBERS INVITED TO ATTEND) 7. 7:00 p.m., Thursday, September 14, Transit Facility -- Ben-Franklin Transit Board Meeting. (COUNCILMEMBER MATT WATKINS, Rep.; MIKE GARRISON, Alt.) 8. 11:30 a.m., Friday, September 15, Roy's Smorgy — Benton-Franklin Council of Governments Board Meeting. (COUNCILMEMBER TOM LARSEN, Rep.; BOB HOFFMANN,Alt.) 9. 7:00 p.m., Saturday, September 16, Pasco Red Lion— WWII Mukden Survivors Reunion Banquet. (COUNCILMEMBER REBECCA FRANCIK) AGENDA REPORT TO: City Council September. 6, 2006 FROM: Gary Crutchfi Manager Workshop Mtg.: 9/11/06 Regular Mtg.: 9/18/06 SUBJECT: Global Nuclear nergy Partnership Proposal I. REFERENCE(S): 1. Proposed Resolution II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 9/11: Discussion 9118: MOTION: I move to approve Resolution No. , endorsing the TRIDEC proposal in relation to the Global Nuclear Energy Partnership. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: A) The federal government has announced a "Global Nuclear Energy Partnership" (GNEP), intended to develop innovative advanced nuclear reactors and methods to recycle spent nuclear fuel, all as part of the nation's expanded effort to improve energy resources. As part of the effort, the federal government has set aside $20 million to be allocated to as many as four proposals which offer the most opportunity to meet those national objectives. B) TRIDEC (the regional economic development organization) has recently determined to submit a proposal to the federal government for selection of Hanford as one of the study areas and which would involve new utilization of the Fast Flux Test Facility (FFTF) and Fuels Material Examining Facility (FMEF), both facilities currently existing at the Hanford site. The potential utilization of those facilities as part of the GNEP program could lead to additional job creation and further economic diversification of the Hanford facilities. C) The federal government will weigh local and state support as one factor in determining the viability of the various proposals it reviews for selection. To that end, TRIDEC has requested a resolution of support for its proposal. V. DISCUSSION: A) A representative of TRIDEC will attend the workshop meeting to answer questions Council may have about this matter before it considers action on the resolution. 3(a) RESOLUTION NO. A RESOLUTION supporting efforts made to determine the potential of Hanford facilities to support the Global Nuclear Energy Partnership. WHEREAS, the President announced on February 6, 2006 the Global Nuclear Energy Partnership (GNEP) whose purpose is to develop innovative advanced reactors and new.methods to recycle spent nuclear fuel for the development and demonstration of Advanced Burner Reactors; and WHEREAS, the Hanford Site and outstanding local technical staff offers the Department of Energy(DOE) an excellent range of options to meet their Siting Study Requirements; and WHEREAS, the Hanford 400 Area [which includes the Fast Flux Test Facility (FFTF) and the Fuels and Materials Examination Facility(FMEF)],the Energy Northwest site, and the corridor between these two, have excellent capabilities and infrastructure which appear to match the DOE requirements for GNEP development and demonstration facilities and therefore are ideally suited for this new mission; and WHEREAS, use of existing facilities (including the FFTF and the FMEF) at the Hanford 400 area complex will result in considerable cost savings to our nation compared to other sites within the U.S.; and WHEREAS, the Advanced Burner Reactor will be the cornerstone for an improved nuclear fuel cycle that enhances energy security and enhances nonproliferation;and WHEREAS, recycling spent nuclear fuel will enable a nuclear repository such as.Yucca Mountain to handle U.S.waste for a full century; and WHEREAS, the Tri-Cities, Washington area has unique facilities and scientists, engineers and labor that are uniquely qualified to fully participate in Generation IV and GNEP advancements; and WHEREAS, the GNEP mission expands the job creation horizon for thousands of highly skilled workers and advances education in the sciences and in the trades; NOW, THEREFORE BE IT HEREBY RESOLVED that the City of Pasco, Washington supports the Tri-Cities proposal being submitted by TRIDEC to the Department of Energy which promotes the fullest appropriate utilization of Hanford Facilities to anchor the Global Nuclear Energy Partnership, and which should also lead to an improved economy and job creation for the region and for the country. PASSED by the City Council of the City of Pasco at a regular meeting this day of 2006. CITY OF PASCO: Joyce Olson,Mayor ATTEST: Sandy Kenworthy Leland B.Kerr Deputy City Clerk City Attorney AGENDA REPORT NO. 82 FOR: City Council DATE: 9/6/06 TO: Gary Crutchfi Manager WORKSHOP: 9/11/06 Richard J. S ector REGULAR: 9/18/06 Community d Economic Development FROM: David I. McDonald, City Planner---�-?-L SUBJECT: Annexation: Annexation Area # 20 (MF # ANX06-002) I. REFERENCE(S): A. Proposed Annexation Ordinance and Vicinity Map B. Proposed Zoning Ordinance C. Report to Planning Commission Dated: 7/20/06 D. Planning Commission Minutes Dated: 7/20/06 and 8/17/06 E.. Annexation Petition (References C, D & E are in Council packets only, these items are available in the Planning Office forpublic review.) II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 9/11/06 Review and Discussion 9/18/06 Conduct Public Hearing: MOTION A: (Annexation) I move to adopt Ordinance No. , annexing certain real property to the City of Pasco. MOTION B: (Zoning) I move to adopt Ordinance No. establishing zoning for Annexation Area # 20. III. FISCAL IMPACT: The City will be responsible for providing municipal services to the annexation area. IV. HISTORY AND FACTS BRIEF: A. On May 15, 2006 the City Council approved a Resolution accepting a 10 percent annexation petition from property owners within Annexation Area # 20 identified in the attached vicinity map. Since May property owners within the proposed annexation area have been gathering signatures on a 60 percent petition. B. The petition has been reviewed by the County Assessor and has been determined to be sufficient to constitute a legally acceptable petition under the 60% petition method for annexation. C. The next step in the process requires the City Council to hold a public hearing to consider the annexation petition. A Council hearing has been set for September 18, 2006. V. DISCUSSION: A. Annexation: The City Council previously determined through acceptance of the 10% annexation petition that: 1) The annexation area would not assume any existing bonded indebtedness, and; 2) Simultaneous zoning would not be required. The Planning Commission conducted a zoning determination hearing for the proposed annexation area in July and is recommending the area be zoned R-S-1 following annexation. In addition to addressing the two questions above, the annexation ordinance usually assigns a voting district to the land being annexed. The annexation area is surrounded by Voting District # 4. The proposed Annexation Ordinance has been prepared to include the annexation area in District # 4. 3(b) ORDINANCE NO. AN ORDINANCE relating to annexation and annexing certain real property to the City of Pasco. WHEREAS, the City Council of the City of Pasco has declared, its intent to annex the following described territory to the City of Pasco pursuant to RCW Chapter 35A.14; and WHEREAS, notice of the public hearing on the proposed annexation has been published and posted as required by law; and, WHEREAS, a public hearing on the proposed annexation was held on July 19, 2004;NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. That the following described area, situated in Franklin County, Washington to- wit: Beginning at northwest corner of the northeast quarter of Section 10, Township 9 North, Range 29 East Willamette Meridian; Thence east along the north line of the northeast quarter of said Section 10 to the northeast corner of the northeast quarter of said Section 10; Thence south along the east line of the northeast quarter of said Section 10 to the southeast corner of said northeast quarter; Thence west along the south line of said northeast quarter to the southwest comer of said northeast quarter of Section 10; Thence north along the west line of said northeast quarter of Section 10 to the point of beginning; as depicted in the map attached hereto and labeled Exhibit 1 and the same is hereby annexed to the City of Pasco and is hereby declared to be within the corporate limits of the City of Pasco. Section 2. That the Comprehensive Plan of the City of Pasco be and the same is hereby adopted for the above described tract of land. Section 3. That said tract of land shall not assume any portion of the existing bonded indebtedness of the City of Pasco. Section 4. That said tract of land shall be in Voting District#4. Section S. That a certified copy of this ordinance be and the same shall be filed with the Franklin County Commissioners. Section 6. This ordinance shall be in full force and effect on September 30, 2006. PASSED by the City Council of the City of Pasco this 18th day of September 2006. Joyce Olson, Mayor ATTEST: APPROVED AS TO FORM Sandy Kenworthy, Deputy City Clerk Leland B. Kerr, City Attorney EXHIBIT "1 „ VICINITY MAP ANNEXATION AREA # 20 s •,•••....mass••• CITY LIMITS CITY LIMIT ■ ANNEXATION AREA ' FUTURE FUTURE PHASES � �— NORTHWEST THREE—RIVER J COMMONS CROSSING f— C7 � r ■ i OVERTON RO : • 5ANDiFUR ' CITY LIMITS A ffII'''� ■ rY �w,■rs■wu■■a,u■w■■r■w SANDIFUR PKWY JEFFERSON DR FUTURE CASA DEL SOL _ LUL CV —Q Q o ? 3 z FUTURE PHASES � o z -cc OF o - z VILLAGE AT PASCO HEIGHTS w LAREDO OR x � a (J m ffflT \ PAMPLONA OR ORDINANCE NO. AN ORDINANCE assigning zoning to certain real property within the City of Pasco. WHEREAS, on July 20, 2006, the Planning Commission of the City of Pasco conducted a public hearing to develop a recommendation for the assignment of zoning to certain properties; in the event those properties were incorporated within the City; and WHEREAS, on September 18, 2006, Ordinance No. , effectively annexed certain real property to the City of Pasco; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section L That the following described areas, situated in Franklin County,Washington to-wit: Beginning at northwest corner of the northeast quarter of Section 10, Township 9 North, Range 29 East Willamette Meridian; Thence east along the north line of the northeast quarter of said Section 10 to the northeast corner of the northeast quarter of said Section 10; Thence south along the east line of the northeast quarter of.said Section 10 to the southeast corner of said northeast quarter; Thence west along the south line of said northeast quarter to the southwest corner of said northeast quarter of Section 10; Thence north along the west line of said northeast quarter of Section 10.to the point of beginning. as depicted in the map attached hereto and labeled Exhibit No. "1" be and the same are hereby assigned R-S-1 (Suburban District) zoning. Section 2. That any and all zoning maps be and the same are hereby amended to conform to the aforesaid assignment of zoning. Section 3. This ordinance shall be in full force and effect on September 30, 2006. PASSED by the City Council of the City of Pasco this 18th day of September, 2006. Joyce Olson, Mayor ATTEST: Sandy Kenworthy, Deputy City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney EXHIBIT 1 VICINITY MAP " " ANNEXATION AREA # 20 1 �! a.rra■.a■.o■u■u■rur■ ■ .......■.......■ CITY LIMITS CITY L4MIT FUTURE ol FUTURE PHASES cn tNORTHWEST THREE-RIVER J COMMONS CROSSING �- c) U Z Z ' ■ ■ ■ —1 ■ (n ■ OVERTON RD ; ■ ■ ■ sarvurFu� CITY LIMITS A� ■ ly ' 1r..r..;a uar.pa■■a■■■ SANDIFUR PKWY JEFFERSON DR FUTURE T_L7 — CASA DEL SOL 0 N Q ? z FUTURE PHASES a z° Q - OF Q a VILLAGE AT PASCO HEIGHTS a LAREDO DR x � J Q MITPAMPLONA DR AGENDA REPORT NO. 77 FOR: City Council DATE: August 21, 2006 WORKSHOP: 9/11/2006 . TO: Gary Crutchfie anager REGULAR: 9/18/2006 FROM: Richard J. Smith Director Community & Economic Development Cruz Gonzalez, Urban Development Coordinator ' SUBJECT: 2007 Community Development Block Grant Program Allocations and Annual Work Plau I. REFERENCE(S): A. 2007 Summary of CDBG Applications for Funding B. Planning Commission Minutes July 20, 2006 Workshop and August 17, 2006 Public Hearing and Planning Commission Action C. Resolution Approving 2007 Allocations and Annual Work Plans II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 9/11/2006: DISCUSSION 9/18/2006: . MOTION: I move to approve Resolution No. , regarding the City's 2007 CDBG Allocations and Annual Work Plan. III. FISCAL IMPACT It is estimated for 2007, there will be approximately $675,000 available including an entitlement grant of $650,000 from the U.S. Department of Housing and Urban Development, plus $25,000 of program income. IV. HISTORY AND FACTS BRIEF: A. A summary of requests for 2007 CDBG funds is attached (Reference "A"). The City received eighteen (18) requests for funds totaling $1,377,498. A total of approximately $675,000 is estimated to be available. B. All proposed activities are eligible for funding under U.S. Housing and Urban . Development Department regulations. HUD regulations state that the amount of CDBG Funds obligated within a program year to support public service activities may not exceed 15% of the total entitlement plus program income. C. The Planning Commission held a Workshop and Public Hearing on July 20, 2006 & August 17, 2006. The Public Hearing which was advertised in the Tri- City Herald and in La Voz in Spanish, solicited public comment on applications for funding from Pasco's 2007 Community Development Block Grant Program. At the workshop Twelve (12) people made presentations relating to their proposals. Planning Commission action was on August 17, 2006. V. DISCUSSION A. At the August 17, 2006 City Planning Commission meeting, staff presented recommendations for funding. The Planning Commission recommended that the staff funding recommendations be approved. B. It is necessary that "Pasco's Annual Plan be submitted to HUD by November 15, 2006. It is recommended the funding as outlined in the summary of 2006 Planning Commission recommendations be approved. 3(c) Reference A 2007 CDBG FUND SUMMARY CDBG STAFF PLANNING CITY ACTIVITY!AGENCY NAME REQUEST RECOMMEND COMMISSION COUNCI!_ RECOMMEND APPROVAL 1 Program Administration/City of Pasco 120,000 117,000 117,000 2 Code Enforcement/City of Pasco 48,000 48,000 48,000 3 *MLK Center/City of Pasco 37,500 35,000 35,000 4 1*Senior Center/City of Pasco 37,500 31,250 31,250 5 *Civic Center/City of Pasco 37,500 35,000 35,000 6 1MLK Center Gym Remodel/City of Pasco 40,000 40,000 40,000 7 Downtown Streetscape Improvement Project/ City of Pasco 300,000 - - 8 Downtown Fagade Improvement/City of Pasco 80,000 40,000 40,000 9 Downtown Micro-Loan Program/City of Pasco 200,000 - - 10 Curb, Gutter,Sidewalk&Roadway Improvements/City of Pasco 90,000 138,750 138,750 11 Job Training and Worker Incentive Program (JTWIP)/Mission Possible 39,714 - - 12 Volunteer Chore Services I Catholic Family& Child Service 20,000 20,000 20,000 13 *Equal Access to Health Care 1 Benton Franklin Access to Care 60,000 - - 14 lBroetje Orchards Casa LLC Tierra Vida Development/La Clinica 50,000 - - 15 1 Energy Efficient Healthy House Program 1 Benton Franklin Community Action Comm 20,000 20,000 20,000 16 Pasco Specialty Kitchen 1 PDDA 60,000 50,000 50,000 17 Building&Roofing Project/Boys&Girls Club 113,284 100,000 100,000 18 *Program for Low Income Active Youngsters (PLAY)/Three Rivers Children's Museum 24,000 - - TRCM TOTAL 1,377,498 675,000 675,000 - Estimated FY 2007 Entitlement $ 650,000 Program Income $ 25,000 Total Funds Available $ 675,000 * Public Services subject to 15%cap. CITY OF PASCO 2007 COMMUNITY DEVELOPMENT BLOCK GRANT PROPOSAL SUMMARIES 1. PROGRAM ADMINISTRATION ($120,0001: i The Community & Economic Development Department is requesting funds to offset the City's costs for operating the Community Development Block Grant (CDBG) Program for 2005. HUD regulations specify that a maximum 20% of the program allocation can be spent on administration. 2. CODE ENFORCEMENT ($48,000): The Community Development Department is requesting funds to help defray the expenses of operating a Code Enforcement Program to address blighted conditions and to create a more viable living environment for low to moderate-income families in low to moderate-income areas in Pasco. This amount covers part of the program delivery costs of code enforcement officers who are responsible for these areas in Pasco. 3. M.L.K. COMMUNITY CENTER RECREATION SPECIALIST ($37,500): The Administrative & Community Services Department is requesting partial funding for a full time staff person to manage youth programs at the Martin Luther King Community Center. The Center, located in a low-income neighborhood provides a range of recreational opportunities for area youth. The highest concentration or minority students live around the Martin Luther King Center. Programs are coordinated with the YMCA, Salvation Army, and Campfire USA. 4. SENIOR CENTER($37,500): The Administrative & Community Service Department is requesting funds to support senior citizens programming at the senior center. Funds are used for staff and program costs. Programming has increased for seniors over the past several years and the increased activity level necessitates continuing these services. Primary beneficiaries are the City's low-income elderly. 5. CIVIC CENTER RECREATION SPECIALIST ($37,500): The Administrative & Community Service Department is requesting funding for a staff person to manage recreation programs at the Civic Center Activity Building. The majority of these programs serve area youth (preschool through school age). Programs are offered during the school year and summer. Programs are targeted to "at-risk" youth. Most participants walk to the facility, located in low-moderate income neighborhoods. 1 6. MLK CENTER GYM REMODEL ($40,000): Convert 1,700 sq ft of existing unusable space to a single large room. This space will provide programmable space for young ladies and girls of low-mod income who have been underserved because of restricted facilities. The program that will be expanded will utilize the YMCA character development model. The additional space will also allow for a greatly expanded computer lab/homework center and a multi-purpose classroom. 7. DOWNTOWN STREETSCAPE IMPROVEMENT PROJECT ($300,000): The streetscape improvement project will create new decorative sidewalks, pavers, curbs, gutters, street furniture, and lighting to the downtown area. This will enhance the look of the downtown commercial district, providing opportunities for greater marketability. 8. DOWNTOWN FACADE IMPROVEMENT PROGRAM ($80,000); CDBG funds to be used as matching grants to encourage downtown property owners to improve their facades. This request for additional funds will allow the program to continue into 2007. 9. DOWNTOWN PASCO MICRO-LOAN PROGRAM ($200,000): The Micro-Loan Program will offer low interest loans to merchants that have a business, will relocate, or start a new business within the predefined boundaries in Downtown Pasco. It will be required that proposals have job creation of at least one Full Time Equivalent (FTE) for every $35,000 borrowed. These loans will be higher risk than conventional type loans. The maximum loan amount will be $70,000. 10. CURB,GUTTER, SIDEWALK AND ROADWAY IMPROVEMENTS ($90,000): The project will install new curb, gutter, sidewalk and roadways or repair and update the existing infrastructure throughout the proposed project area in East Pasco. The existing infrastructure in this area is incomplete or in some portions non-existent. 11. JOB TRAINING & WORKER INCENTIVE PROGRAM (JTWIP) ($39,71 _ Develop a job training and worker incentive program to provide career assessment,`soft skill' and enhanced job training, employment referral, and educational guidance to 180 low-income or high priority individuals seeking employment. A full time Training Coordinator will be hired of which half will be funded by CDBG. The Coordinator will establish a collaborative relationship with the local and regional Community Service Offices (CSO), area labor and employment programs, and other related social service organizations to create and establish a successful recruitment, referral and job training system to connect low-income and high priority individuals with employment opportunities. 2 12. VOLUNTEER CHORE SERVICES ($20,000): This organization is requesting funds to purchase materials to support volunteers who do home repairs and build ramps for low-income elderly residents in Pasco. Volunteers come from a wide variety of sources through out the Tri-Cities, which includes many different faith-based organization, individuals and Hanford groups 13. EQUAL ACCESS TO HEALTH CARE ($60,000): The program will assign or help navigate uninsured residents whose household income is at or below the 200% Federal Poverty Level, to the medical care they need. This can include, but is not limited to medical appointments, pharmaceuticals, medical tests, medical equipment etc. Since the agency's inception in March 2005, the Benton Franklin Access to Care has assisted 624 Pasco residents. 14. BROETJE ORCHARDS CASA LLC UERRA VIDA DEVELOPMENT ($50,000): Purchase of 10 developed lots in East Pasco to build affordable Self-Help homes for 10 low income families. The families served will be from 30-80% of median income. CDBG proceeds will be given back to the 10 families as a five year forgivable down payment assistance subsidy. 15. ENERGY EFFICIENT HEALTHY HOUSE PROGRAM ($20,000): The program provides assistance to increase the energy efficiency of homes owned or rented by low-income households. Correct combustion related indoor air quality problems and to provide energy conservation education to the low-income consumers. 16. COMMERCIAL KITCHEN ($60,000): The Commercial Kitchen is a business incubator that is available 24 hours a day. They offer assistance to businesses in regards to licensing, insurance needs, labeling, permits needed, training and business plan development. The Kitchen is located in a low to moderate-income area and will be an area benefit, which will also help support the Farmers Market. It is anticipated to create jobs for low to moderate-income persons and create small businesses, which will increase the volume of business in the Farmers Market. Additionally, educational institutions utilize the facility for culinary instruction thereby increasing revenues. 17. BOYS & GIRLS CLUB BUILDING& ROOFING PROJECT ($113,284): The current Boys & Girls Club building is over 50 years old. Only a few sections have been replaced but that was over 20 years ago. This 50 year old roof continues to deteriorate, thus compromising the 20 year old repairs. There are 3 roofs, but only 2 3 I roofs will be replaced at this time. This would improve the operating efficiency of the building, and protect the entire building from further deterioration because of leaks into the electrical system, HVAC system and interior walls. 18. PROGRAM FOR LOW INCOME ACTIVE YOUNGSTERS (PLAY) ($24,000): The Three Rivers Children's Museum(TRCM) is a non-profit educational facility that opened in 1991. It provides a hands-on educational facility designed for children ages 2- 10. The PLAY program targets low income families with children. CDBG funds will be used to purchase and install 2-3 new science exhibits to accommodate a larger number of children. It will also be used to hire an additional staff member to coordinate a program specifically designed to attract low-income families. In addition it will be used for transportation of students from class to Museum via BF transit buses. 4 REFERENCE B REGULAR MEETING July 20, 2006 PLANNING COMMISSION MINUTES JULY 20, 2006 WORKSHOP: A. Community 2007 Program Year Presentations by Agencies Development Requesting Funds Block Grant Staff explained to the Commission that this workshop will provide the agencies who have requested Community Development Block Grant funds an opportunity to present their proposals. to the Commission. The Commission may then ask any questions regarding the proposals before they make their recommendations regarding awarding of funds; the Commissions recommendations will be forwarded to the City Council following next month's meeting of the Planning Commission. The first proposal presented was for the Community and Economic Development : Department for program administration. The funds requested would offset the City's costs for operating the Block Grant Program for 2007. HUD regulations specify that a maximum of 20% of the program allocation can be spent on administration. Commissioner Anderson .asked why the amount requested to manage the Block Grant Program was 20%; he felt that an appropriate percentage for project Management would be between five and ten percent. Staff responded that several staff positions are partially funded out of this fund; utilizing the funds in this manner frees up monies in the general fund that are not eligible for block grand funds.. The next request was also from the Community Development Department, for funding to defray the expenses of operating a Code Enforcement Program to address blighted conditions in low to moderate income areas of the City. Commissioner Rose asked if the Code Enforcement activities couldn't be expanded into the other areas of the City as well. Staff responded that Code Enforcement is active in all areas of the City; CDBG funds are utilized to fund enforcement in this particular area of the City. Steve Halleran presented a request on behalf of the YMCA Cooperative Investment for partial funding for a full time staff person to manage programs at the Martin Luther King Community Center. Stan Strebel spoke on behalf of the Administrative and Community Services Department and requested funds to support senior citizens programming at the senior center. Funds would be used for staff and programming costs. Mr. Strebel also requested, on behalf of the Administrative and Community Services Department, funds for a staff person to manage recreation programs at the Civic Center Activity Building. The majority of these programs serve area "at risk" youth (preschool through school age) and are available during the school year and summer. Mr. Strebel's last request was on behalf of the Martin Luther King Center, which has requested funds to convert 1,700 sq. ft. of unusable space into a single large room to provide programmable space for young ladies who have been previously underserved. - 1 - Commissioner Samuel asked if the positions Mr. Strebel referenced in the proposals he presented were current positions. Mr. Strebel confirmed that they are current positions. Commissioner Samuel then asked what the impact of not funding these proposals would be. Mr. Strebel responded that the Administrative Services Department would then have to request that the City Council fund the positions from the general fund. Commissioner Samuel asked if the funds were not approved, would the facilities be shut down, the individuals be laid off, etc. Mr. Strebel responded that if the funds were not approved, the programs would have to be discontinued. The next proposal came from Downtown Streetscape Improvement Project. The request was for funds to create decorative sidewalks, pavers, curbs, gutters, street furniture and lighting in the downtown area. These improvements will enhance the downtown and improve marketability. Next the Downtown Fagade Improvement Program requested funds to be used as matching grants to encourage downtown property owners to improve their facades. Staff advised the Commission that Item number 7. on their list of proposals was being withdrawn due to additional planning and design work needed prior to moving forward with its inception. Commissioner Shouviller asked if this item was removed, how the funds assigned to it would be allocated. Staff explained that the funds illustrated next to each item were a request, not a budget amount. The Commission will need to recommend which items they would like to see funded at what amounts. Commissioner Anderson asked if the Commission was required to stick to the proposed amounts, or if they could recommend different amounts than the amounts listed. Staff responded that the Commission could recommend whatever amounts they deemed appropriate. The Downtown Micro-Loan Program requested funds to offer low interest loans to merchants that have a business or will relocate or start a new business within the predefined boundaries in Downtown Pasco. The proposals have job creation requirements of at least one full-time equivalent for every 35,000 borrowed. The next proposal was a request for funds to install new curb, gutter, sidewalk and roadways or repairs and updates to the existing infrastructure throughout a proposed project area in East Pasco. - 2 - Jennifer Martinez of Mission Possible appeared before the Commission to present the next proposal for a Job Training and Worker Incentive Program. The program would develop a job training and worker incentive program to provide career assessment and enhanced job training, employment referral, and educational guidance to 180 low income or high priority individuals seeking employment. Commissioner Anderson asked what the difference was between the services this program would provide and the services that are currently provided by the Benton Franklin Workforce Development Council. Ms. Martinez responded that they wished to create more of a referral system and a greater outreach system to the business community. Commissioner Schouviller asked how long the organization has been in operation. Ms. Martinez responded that they received their 501(c)3 in December of 2005. Commissioner Schouviller then asked what the size of their staff was, and where they are located. Ms. Martinez responded that they have four staff and are located in Pasco. Chairman Little asked what other types of funding they receive. Ms.. Martinez replied that they have applied for other grants, are doing fund raising activities. The next proposal was presented by Sherry Hallman of Catholic Family and Child Services. The Volunteer Chore Services program has requested funds to purchase materials to support volunteers who do home repairs and build ramps for low income and elderly residents in Pasco. Chairman McCollum asked how many years they have been doing this type of work. Ms. Hallman responded that she has been with the organization for ten years and she believes they have been doing it for at least that long. Commissioner Little asked what the average cost of a wheelchair ramp is. Ms. Hallman responded that the average cost is approximately three to five hundred dollars. The money they receive goes entirely to materials; all labor is volunteer work. Chris Call of Benton Franklin Equal Access to Health Care made the next request for funds. Their program would assign, or help navigate uninsured residents whose household income is at or below the 200% Federal Poverty Level, to the medical care they need. Since the agency's inception in March 2005, the agency has assisted 624 Pasco residents. Commissioner Samuel asked if the impact of not getting the funding would be closure of - 3 - the program. Ms. Call confirmed that would be the case. Commissioner Samuel then asked where they are located and how many staff members they have. Ms. Call responded that they are located at 320 N. Johnson in Kennewick and have 9 staff members. Kim Saba of La Clinica made the next request for funds. Their proposal would provide for the purchase of 10 developed lots in East Pasco to build affordable Self-Help homes for 10 low income families. The CDBG proceeds will be given back to the 10 families .as a five year forgivable down payment assistance subsidy. Commissioner Samuel asked how many years La Clinica has been operating in the area. Ms. Saba responded that they have been in operation for thirteen years, Commissioner Samuel then asked how many houses have been constructed in that time. Ms. Saba replied that they have constructed 180 homes so far; eleven additional homes are under construction right now and ten more are scheduled to begin in September. Commissioner Rose asked if they are connected to Habitat for Humanity. Ms. Saba responded that they will be partnering with Habitat for Humanity. . She stressed that they are not in competition, they work together. Dave Odom of the Benton Franklin Community Action Committee presented a proposal for the Energy Efficient Healthy House Program. This program provides assistance to increase the energy efficiency of homes owned or rented by low income households. Commissioner Samuel asked how they identify the homes that they select for improvements. Mr. Odom responded that they target homes owned by the elderly and disabled; they receive applications from the Energy Assistance Program of the Community Action Committee. Commissioner Samuel then asked if the money would be held for residences specifically in Pasco or if it would go into the general fund. Mr. Odom responded that the funds have to remain in Pasco. Dorothy Shoeppach presented the next proposal for the Pasco Specialty Kitchen, which is a business incubator that is available 24 hours a day. The Commercial Kitchen offers assistance to businesses in regards to licensing, insurance needs, labeling, permits, training and business plan development. The kitchen is anticipated to generate jobs for low to moderate income persons and create small business, which will increase the volume - 4 - i I I of business in the Farmers Market. Commissioner Samuel asked if funds were requested for the Kitchen last year, and if so were they received. Ms. Shoeppach responded that they received $65,000 in funds last year. Commissioner Little asked if there was any information available regarding how many businesses have been served, how many jobs have been created, etc. Ms. Shoeppach replied that at current, there are eighteen full-time equivalent jobs. She says that the number of jobs varies during the different seasons of the year. Commissioner Samuel asked if there is any other source of funding for the kitchen. Ms. Shoeppach responded that the only other fee is the rental fee that the users of the kitchen pay for the time they are in the kitchen. She added that they try to keep the rental fees low to accommodate the low to moderate income entrepreneur. Commissioner Little asked when Ms. Shoeppach thought the kitchen would be profitable. Ms. Shoeppach replied that every year is a challenge. The other kitchens she has contacted that operate in a similar fashion and have been operating for several more years than this one are still not operating at a profit. The challenge comes from trying to operate at a level that is attractive to the low to moderate income entrepreneur. Greg Falk of the Boys and Girls Club requested funds for replacing roofs on two of three City-owned buildings currently in use by the organization. Commissioner Rose asked where the facility is located. Mr. Falk responded that the facilities are located at 801 N. 18th, in the old Emerson Elementary School. Commissioner Schouviller asked if the amount requested was equal to the full cost of repairing the roofs of the buildings. Mr. Falk replied that it was equal to the full cost of repairs. Commissioner Schouviller asked if there was potential for alternative sources of funding. Mr. Falk responded that while they are successful at raising funds for operating costs, they are not as successful at raising capital funds. He added that people are not as willing to donate funds to repair a City-owned building. Chairman McCollum asked how many children are served in the buildings. Mr. Falk responded that they have 2,500 members and that on any given day, between 150 and 200 children are in the buildings. - S - Cindy Morris presented the last proposal for the Three Rivers Children's Museum, a non- profit educational facility that targets low income families with children. The funds requested would be utilized to purchase and install two to three new science exhibits to accommodate a larger number of children. Commissioner Samuel asked if they had received other Block Grant Funding from either Kennewick or Richland. Ms. Morris stated that they had received funds from Richland, but that she believed they were Hotel Tax funds. Commissioner Samuel asked if failure to receive the funds would result in closure of the museum. Ms. Morris replied that it would not; the funds would be used to enhance the museum. Commissioner Rose asked if they have volunteers working in the museum. Ms. Morris responded that they do have volunteers, of all ages. Commissioner Schouviller asked what age groups are served by the museum. Ms. Morris stated that the age groups range from two to ten year olds. Staff advised the Commission that all of the projects presented were eligible for CDBG funds. They noted however that the projects noted on the lists with an asterix are considered to be public services and subject to a 15% cap of the total funds available. Commissioner Anderson asked if the Commission might be given additional time to deliberate on the amounts to be awarded to the individual projects. It was decided that a Workshop would be held for the Commission to further deliberate on the amounts to be awarded to the individual projects at 6:00 p.m., prior to the next regular Planning Commission meeting on August 17, 2006. - 6 - i REGULAR MEETING August 17, 2006 PLANNING COMMISSION MINUTES AUGUST 17, 2006 WORKSHOP: A. Community 2007 Program Year Presentations by Agencies Development Requesting Funds Block Grant The Chairman reminded the Commissioners that this workshop had been requested as a continuation of the July 20, 2006 meeting to discuss the items proposed for block grant funding and determine recommendations for how the funds should be allocated. Commissioner Little asked for clarification regarding the difference between the requested amount for Program Administration and the amount that Staff recommended for approval. Staff responded that through preparation of a detailed budget, they were able to reduce this item to the amount shown. Commissioner Anderson asked why Item #10 increased from $90,000 to $138,750. Staff responded that this Item was initially proposed by the Public Works Department to install curb, gutter and sidewalks in certain areas of the City. However, the City Council has designated a Neighborhood Improvement Program that will identify particular neighborhoods for improvements, including curb, gutter, sidewalks and street lighting. These funds will be utilized in the first neighborhood to be implemented in the program, in areas of East Pasco. Commissioner Little asked how many businesses participated in the downtown fagade improvement program last year. Staff responded that one business completed their improvement project and one recently went out to bid for the construction contract. A third applicant had recently applied and a fourth has expressed interest. Commissioner McCollum asked where the other businesses are located. Staff replied that the first business that was completed is located on 4th Avenue. The business that has recently gone out to bid is located at 104 N. 4th Avenue; the other business is located at 110 Lewis Street. Commissioner Schouviller asked if all of the money that was appropriated last year had been utilized. Staff responded that the last project that expressed interest would deplete the funds that were allocated in last year's budget. - 1 - Commissioner Schouviller then asked if the proposed $40,000 for the coming year would fund one or two projects, and if the proprietor would share in the costs. Staff responded that the funds should cover two projects and that the proprietors do share in the costs. The City will match up to 75% of the project .costs up to a maximum of $20,000. Commissioner McCollum stated asked if the long term objective is to have most of the downtown area involved in this type of program. Staff responded that the long term goal is a revitalization of the downtown area. Commissioner Schouviller asked what the responsibility the property owners have toward the costs of the improvements. Staff responded that the property owners are responsible for 25% of the cost of improvements, the City contributing 75% of the costs up to a maximum of $20,000. All costs above the $20,000 are the owner's responsibility. Commissioner Samuel commented that he agrees with the recommendations made by Staff and commends them on a job well done. Commissioner Schouviller seconded the comments made by Commission_ er Samuel; he agrees with the recommendations made by Staff as well. There being no other comments, the Chairman closed discussion on this item. - 2 - i E. Block Grant Program Development of 2007 Program Year Program Staff reminded the Commissioners that it is estimated that there will be $675,000 available for the Block Grant Programs, and HUD regulations limit Program Administration costs to 20% of that amount and Public Services to 15% of that total. Staff requests that the Planning Commission recommend the City Council approve the use funds as set forth in the 2007 CDBG Fund Summary. Cindy Morris, 10804 Shady Lane, stated that they wished to use funding to purchase exhibits to benefit low income children in the area. Commissioner Samuel responded that he felt it was unfortunate there as not enough money in this budget to assist the museum's program. He also stated that he felt Staff had done an excellent job of determining which projects should be funded. Staff responded that HUD regulations place a cap on the amount of funds that can be allocated to Public Services; the museum is considered a public service. The City has historically funded three programs out of this fund that consumed this cap; staff services at the Senior Center, staff services at the Martin Luther King Center and a Youth Program at the Civic Center. The only way to fund another program would be to knock off a long standing program. Commissioner Little moved that the Planning Commission recommend the proposed 2007 CDBG Fund Summary as presented by the Community Development Block Grant Coordinator to City Council for approval. Commissioner Anderson seconded, motion carried unanimously. - 3 - Reference C I RESOLUTION NO. A RESOLUTION approving the Program Year 2007 Community Development Block Grant Allocations and Annual Work Plan. WHEREAS, staff has prepared the Program Year 2007 Annual Work Plan for activities totaling $675,000;NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS: Section 1. That the Pasco City Council hereby approves the Annual Work.Plan as follows: 1. CDBG Program Administration $ 117,000.00 2. Code Enforcement 48,000.00 3. MLK Center 35,000.00 4. Senior Center 31,250.00 5. Civic Center 35,000.00 6. MLK Center Gym Remodel 40,000.00 7. Downtown Fagade Improvement 40,000.00 8. Curb, Gutter, Sidewalk,.&Roadway Improvements 138,750.00 9. Volunteer Chore Services 20,000.00 10. Energy Efficient Healthy House Program 20,000.00 11. Pasco Downtown Development Association-Comm. Kit. 50,000.00 12. Boys & Girls Club- Building& Roof Project 100,000.00 TOTAL $ 675,000.00 PASSED by the City Council of the City of Pasco this day of , 2006. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy Leland B. Kerr Deputy City Clerk City Attorney AGENDA REPORT NO. 78 FOR: City Council Date: August 18, 2006 I TO: Gary Crutchfi 1 anager Workshop: 9/11/06 Regular: 9/18/06 j FROM: Richard J. Smi h, Director Community & conomic Development Cruz Gonzalez, Urban Development Coordinator '= SUBJECT: 2007 HOME Fund Allocation I. REFERENCE(S): A. Resolution allocating 2007 HOME funds. Ii. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 9/11/06 DISCUSSION 9/18/06: MOTION: I move to approve Resolution No. allocating 2007 HOME funds. III. FISCAL IMPACT $198,304 Federal HOME funds. 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. 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. C. On November 7, 2005 City Council authorized a Professional Services Agreement with Creative Housing Solutions to administer the City of Pasco's Community Housing Improvement Program (CHIP), a housing rehabilitation and down payment assistance program in those neighborhoods, for an amount not to exceed $695,000. D. On November 21, 2005 City Council authorized the use of the 2006 HOME award to be used for housing rehab and down payment assistance for home buyers in the Longfellow and Museum area. E. On August 14, 2006, City Staff presented to City Council an update on the CHIP. As of June 30, 2006 there were 2 rehabs completed and 14 rehab projects in progress. There were no first time homebuyer down payment assistance loans completed. F. It is estimated that in 2007 Pasco will receive funds totaling $198,304. Staff is recommending that these funds be used for housing rehab for home owners within the Longfellow and Museum area. It is expected that the $198,304 would be used for the rehab of approximately 7 homes. G. The City of Richland, administrator for the HOME Consortium, needs the City of Pasco's determination for use of funds by October 2, 2006. 3(d) Reference A RESOLUTION NO. A RESOLUTION ALLOCATING ESTIMATED 2007 FEDERAL HOME FUNDS. WHEREAS, the City of Pasco entered into an Agreement with Kennewick and Richland in 2004 continuing participation in a Consortium originally formed in 1996 under the Horne Investments Partnership (HOME) Program; and WHEREAS, the Consortium allows the three cities to be eligible for federal HOME funds; and WHEREAS, it is estimated that the City of Pasco will receive $198,304 federal HOME funds in 2007; Now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: Section 1. The City Council allocate 2007 HOME funds in the following manner: $198,304 for housing rehabilitation. PASSED by the City Council of the City of Pasco this day of 52006. CITY OF PASCO: Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy Leland B. Kerr Deputy City Clerk City Attorney AGENDA REPORT NO. 21 FOR: City Council DATE: 9/7/06 TO: Gary Crutchfield, City Manager Workshop Mtg.: 9/11106 FROM: Robert J. Alberts,Director, Public Works SUBJECT: Industrial Way Extension Road Project I. REFERENCE(S): 1. Vicinity Map 2. Letter from Port Manager to City Manager dated September 8, 2006 II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 9/11/06: Discussion 111. FISCAL IMPACT: Arterial Street Fund IV. HISTORY AND FACTS BRIEF: Since 1994 the City, Port of Pasco and WSDOT have been planning and constructing the road infrastructure along SR395 between Hillsboro Street and Foster Wells Road. The road system is critical to economic development in this portion of the City and the continuing development of the Pasco Processing Center. Frontage roads on both sides of SR395 between Hillsboro Street and Foster Wells Road would best utilize the new interchange built at Hillsboro Street. The frontage road on the west side of SR 395 was partially built when Industrial Way was constructed by the Port as part of the Pasco Processing Center. The road needs to be extended approximately 1200 feet southerly to complete the frontage road; the Port has acquired the necessary 60-foot right-of-way from the previous owner of the 40-acre parcel and is prepared to contribute to the construction cost of the roadway extension, as it would enhance traffic circulation for the Processing Center. The Port of Pasco and City staff have met several times with the current owners of the property south of the Pasco Processing Center. The emphasis of the discussion was to have the road completed in 2006. The owners have expressed a willingness to construct the road and enter into a cost share arrangement with the Port of Pasco. Since the road is needed to develop the adjacent property, it is also in the owners' best interest to construct the road. The owners, however, have not committed to a schedule that would meet the objective of constructing the road in 2006. The City's Latecomer Ordinance No. 3709 would allow the City to construct a portion of the road and assess the cost to the adjacent property owners. The latecomers ordinance requires a minimum width of 28 feet ACP be constructed to arterial street standards; the estimated cost is less than $200,000. Although not all the financial details have been worked out, staff believes there needs to be a plan in place to construct the road if the owners do not move forward in a timely manner. Staff recommends that Council authorize the solicitation of construction bids for the minimum roadway in accordance with Ordinance No. 3709, and the advertisement for bids would take place if an appropriate agreement/commitment is not timely established with the Port by the adjacent property owners. V. ADMINISTRATIVE ROUTING Project File 3(e) INDUSTRIAL WAY EXTENSION £AST FOSTER WELLS RD 3 ) 1 f , „ 1`•`L1 l' •`�, 'I ' W " all 5 Y�•?y� '}lt`• R`'t '�4 I ,i 1 "t K A F f IC N f.F, __...._ t• t' -----------'-'' _..._._ _......_... _ ..-... —__. ... if - - ' 11 N 0 U s 1 R L P R:x\ 47 ...._..............._..�__..'..i- -��'�'y`� t "L` '• i -i�' Y<LEGO' IST -OD 1 ,,� "'�'1'�1{r` .; ,t'•.�}3.7Lti�9QFilr1. _.-..._'___. _.__._.__ ....... ....... ----=r --•- ----- -- - -- -- , , •i°�i PORT OF 904 P.0 IB z 769 PA PAsco,sco WA 993 PHONE 509.547,3377 8 ,r-■ Fax 509.547.2547 Economic Development and Trartryortaoon portofpasco @portofpasco.org PORT COMMISSIONERS: O.E. "Ernie"Boston James T.Klindworth nL William G.Clark September 8, 2006 ExEcunw DIREcrow James E.Toomey Gary Crutchfield City of Pasco PO Box 293 Pasco, WA 99301 Re: Industrial Way Extension Dear Gary, As you are well aware,the Port and City ave been in extensive conversations with tY the landowner immediately south of the Port's Pasco Processing Center. The intent of those discussions has been to complete the connection of the Processing Center's Industrial Way with the recently constructed US 395 Interchange at Kartchner Street. As it currently stands, the Port has concerns regarding the feasibility of completion of an agreement between the Port and the landowner that would result in road construction in 2006. As a result,the Port requests with this letter consideration by the City of Pasco to construct this road. The Port is willing to transfer the 80 foot right of way through the property to the city for the road, as well as pay for a portion of the costs of construction. We appreciate your consideration of our request. Should you have any questions, please don't hesitate to give me a call. incerely, Toomey x cutive Director EQUAL OPPORTUNITY EMPLOYER E I s AGENDA REPORT NO. 83 FOR: �Ity Council September 7,2006 TO: Gary Crutchfie tanager Workshop: 9/11106 Regular: 9/18/06 FROM: Richard J. Smit , Director Community Economic Development and David McDonald, City Planner SUBJECT: Sign Code Amendment(MF#CA06-001-CA) I. REFERENCE(S): A. Revised Draft Ordinance II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 9/11/06 Review and Discussion i 9/18/06 Motion: I move to adopt Ordinance No. , repealing Pasco Municipal Code Title 17 and enacting a new Title 17 dealing with signs. 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 reviewed the proposed sign code update and forwarded the same to the City Council in May of this year for Council consideration. C. The City Council has held several workshops over the last three months to refine the Planne August ing Commission's recommendation on the proposed sign code. D. At Aut 14th workshop the Council focused much of its discussion on the size of acid permitted Iocations for political campaign signs. The August 14"` meeting concluded with the Mayor suggesting that she meet with staff to discuss some of the code'issues prior to the next workshop. V. DISCUSSION: A. As a result of previous discussions with the Council and the Mayor, the proposed code, has been modified to permit yard sale signs and campaign signs on private fences. The modifications also include a 32 square foot maximum size allowance for campaign signs on private property. Changes have been made as follows: 1. Chapter 17.03 Definitions. #16 added a definition for subdivision fences to provide distinction between a private fence and subdivision fence. (pg 4) 2. Section 17.05.020 (3) Political Signs. Added a provision permitting campaign signs on private fences. (pgl3) 3. Section 17.05.020 (5) Garage or Yard Sale Signs. Changed wording to prohibit yard sales signs from being place on street trees, trees on public property (parks) or on subdivision fences. Yard sale signs would be permitted on private fences alid private trees. (pg 13-14) 4. S7gn Allowance Table Political Signs. Removal time for campaign sign was changed from 15 days to 10. State regulations (WAC 468-66-050) require Ompaign signs adjacent highways to be removed in 10 days. (pg 18) 5. Sign Allowance Table Political Signs. Note 17 changed to limit the size of campaign signs on private property to 32 square feet.(pg 19) Following review of the proposed sign code staff will prepare a final Ordinance for Council action on September 18,2006. 3(f) 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, August 14, 2006 and September It, 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#5 9/11/06 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, and 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#5 9111106 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. 6) CHANGE OF COPY. The change of a logo, and/or message upon the Ordinance-3 Draft#5 9/11/06 face or faces of a legal sign. 7) CITY means the City of Pasco, Washington. 8) COMMUNITY EVENT. Means a community wide event open to the general public and sponsored by a public agency, a public or private school, or a not for profit civic organization. 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. 11) DISTRICT OR ZONING DISTRICT means any district established pursuant to the provisions of Title 25. 12) 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. 13) ERECTS means to build, construct, attach, place, suspend, or affix, including the painting of a wall sign. 14) FACE OF BUILDING means the general outer surface of any exterior wall of a building or other structure. 15) 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. 16) FENCE --SUBDIVISION means a common,fence constructed'along'the rear Iine ©f residential lots that back on arterial streets and constructed as part of the.subdivision improvements 17) 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. 18) FRONTAGE means the measurement of the length of the property line or building front. 19) HEARING EXAMINER means the Pasco Hearing Examiner as set forth in Chapter 25.84. Ordinance-4 Draft#5 9111/06 20) INCOMBUSTIBLE MATERIAL means any material which will not ignite at, or below, a temperature of one thousand two hundred degrees Fahrenheit during an exposure of five minutes, and which will not continue to burn or glow at that temperature. 21) MANSARD ROOF means a sloped roof or roof-like facade architecturally able to be treated as a building wall. 22) MULTIPLE-BUILDING COMPLEX means a group of commercial or industrial structures. 23) 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. 24) NONCONFORMING SIGN. Nonconforming signs are those which were lawfully installed, but which do not comply with the requirements of this title. 25) NONSTRUCTURAL TRIM means the molding, batons, caps, nailing strips, latticing, cutouts or letters and walkways that are attached to the sign structure. 26) PARAPET means a false front or wall extension above the roof line. 27) 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. 28) PERIMETER means a square or rectangle required to enclose the sign area. 29) PERIPHERY OF RIGHT-OF-WAY means that portion of the right-of- way, lying behind the sidewalk street improvements as the .n4 be. (See definition for street improvements) 30) PERSON means and includes persons, firms, partnerships, associations, corporations, and other business entities. . 31) PREMISES means the real estate as a unit, upon which is displayed the sign or signs mentioned in this chapter. 32) 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. 33) PROJECTION means the distance by whichi a sign extends over public Ordinance-5 Draft#5 9/11106 property or beyond the property line. 34) 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. 35) 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. 36) ROOFLINE means the top edge of a roof or parapet or the top line of a building silhouette. 37) 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. I 38) 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. 39) 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 include 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. 40) 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. 41) 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#5 9/11/06 42) 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. 43) SIGN BANNER means flexible material on which a sign is painted or printed that is attached to a building or displayed on the grounds. 44) 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. 45) 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. 46) 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. 47) 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. 48) 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. 49) 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." 50) 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. 51) SIGN - DIRECTIONAL means any sign designated and used solely for the purpose of indicating the Iocation or direction of a place on the premises upon which the sign is located 52) 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 53) SIGN — DIRECTIONAL TRAFFIC means a sign that is located to guide or direct pedestrian or vehicular traffic to parking entrances, exits and service areas. Ordinance-7 Draft#5 9/11/06 54) SIGN - DIRECTORY OF TENANTS means a sign that identifies the building or project name and the tenants which share a single structure or development. 55) SIGN--DOUBLE-FACED means a sign with 2 faces. 56) SIGN - ELECTRICAL means a sign or sign structure in which electrical wiring, connections, and/or fixtures are used as part of the sign proper. 57) 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, 58) 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. 59) 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.) 60) SIGN — FREEWAY means a free standing sign located on the premise where the business, product or service is located with said sign being within 250 feet of 1-182, SR-395 and SR-12. 61) 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. 62) SIGN — GARAGE OR YARD SALE means a sign advertising a private sale of personal household possessions; not for the use of any commercial venture. 63) 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 or sign structure whichever is higher. 64) SIGN — IDENTIFICATION means a sign of an informational nature that directs attention to certain uses other than businesses, individual private residences. 65) SIGN — INFLATABLE means a large balloon or balloon-Iike object greater than 18 inches in any dimension that uses blown air or a gas to remain inflated. 66) 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. 67) SIGN — INFORMATIONAL PUBLIC means a sign placed for the Ordinance-8 Draft#5 9/11/06 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. 68) 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. 69) 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. 70) SIGN - LIMITED DURATION means any sign advertising real estate sales or rentals or construction projects utilized for a specified period of time. 71) 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. 72) 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. 73) SIGN - NAMEPLATE means a sign which indicates no more than the name and address of the resident of the premises. .74) 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. 75) 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. 76) 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. 77) 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. 78) SIGN — OPEN HOUSE means a sign welcoming viewers to a piece of Ordinance-9 Draft#5 9/11/06 residential real estate that is being offered for sale. 79) SIGN — PEDESTRIAN-ORIENTED means a sign the primary purpose of which is to provide information for pedestrians and bicyclists. 80) SIGN - POLITICAL means a temporary sign that identifies a candidate(s) for public elective office; urges a particular vote on a ballot measure in a pending public election, whether local, state or national; or expresses an opinion on a public issue. SIGN - PORTABLE means an unlighted business sign including paper, cardboard, wood or metal, that is capable of being moved easily and that is not permanently affixed to the ground, structure or building. This includes a sidewalk or sandwich board signs, except those worn by a person. 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. 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 Ordinance- 10 Draft#5 9111/06 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 wall of any building to which it is attached. A wall sign is supported through its entire length with the exposed face of the sign parallel to the plane of said wall or facade. A sign painted on the wall of a building or a sign painted or attached to a marquee shall be considered a wall-mounted sign. 96) SIGN — WINDOW means any sign which is painted or mounted onto an exterior window pane, or which is hung directly inside the window including advertisements for services or products in the form of decals, emblems, paint, exposed neon, banners, etc within 3 feet of the window pane. 97) SIGN — WINDOW TEMPORARY INDOOR means any sign (or poster) of a temporary nature displayed within a commercial building on the inside of the glass or in close proximity to the window and may be viewed by persons outside of the building. 98) STREET means a public or private way opened to general public use including all classes of roadways and excepting alleys, driveways, and interstate freeways, but including major internal circulation corridors within parking lots. 99) STREET FRONTAGE means the side of the building facing a street that abuts the property on which the building is located. 100) , STREET IMPROVEMENTS means the paved roadway, and adjoining Ordinance-11 Draft#5 9/11/06 curb, gutter, sidewalk and landscaping: 101) STRUCTURE means anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground. 102) U.L. means Underwriters Laboratory. 103) 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. 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, Ordinance- 12 Draft#5 4111106 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 5:00 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 including fences 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 special event signs for businesses must be located on the premises where the grand opening or special event is taking place. d) Special event signs for a community event may be displayed on or off the premises where the event is taking place including in the periphery of the right-of-way. I e) Special event signs for a community event located in the periphery of the right-of-way may not be larger than 6 square feet. f) Special event signs may be located on the Robert Frost Elementary School pedestrian overpass on North 20'' Avenue. Said signs may be larger than 6 Ordinance- 13 Draft#5 9/11106 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, subdivision fence, or any public property; €ease; b) 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; C) 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: 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. Ordinance-14 Draft#5 9/11/06 D) Interior signs, provided that no interior sign shall be permitted in the R-T, R-S-20, R-S-I2, 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 grounds 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 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 Ordinance- 15 Draft#5 9111106 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. C) 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 subdivision fences H) Signs attached to benches on public rights-of-way; I) Billboards and product advertising signs; roof signs, including signs painted directly on a sloped or gabled roof surface; strobe lights, lasers; strings of streamers; and all other signs not otherwise specifically authorized or exempted by this chapter. J) Off-premise signs except those expressly permitted herein. 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. Ordinance- 16 Draft#5 9/11/06 b c E E 3 3 v a E E v py C.0 C R R N R d R a) R a) R v w N v R R m N C E E O O" 0 0 0 0 R O c •w- N.N _ ro v Rai T �0 v o o a v v D a v v N C ro N 'X 7 7 y 5 N Oy 00 y. ED 7 ✓ y x E N 0 61 a1 lZ.A N.L) fl-a N N A N N T? O of p v:. '- V amE co— as w v `vvw ° ° da `Dluw v o o z a. a a a a a a a a a a a a a a E E o a o a a a o p V v'O i Q v C f n n Cl O o o 0 o O O p 0 0 Cl 000 4 0 0 0 0 0 0 0 M M M o R N v O C n u,. �_ � �----.- 1f1 L!1 Lfl Ul V1 VL Vl ut to Ln to U'1 u't tr Vl V1 - -- --- M M M N >O j.•--�.•'�•� 00 GD lD ID lD tD ID O O P O R y •O R------- �n�n coo Q)w U L 1 ry N u1 t!i u1 V C y N N N O 0 0 m G ----- ---- It co a0 V•co �t op y. 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Q C Ln 0. o o 0 — 0 0 O ro ' o f O C) R M T N N "-• > E u O ----------- R al W C 'V �v — -...^ O• a -----------L d G ol Q. R o° ° m a 0 3 a+ v a o " N •y Y v CIO v .0 m ° R a E E R R R N . O C N C 0.N 0 14 > > R C O N' V " W ERa, Cmoo-0 y« EN °o ° :1 - E c C C N L O.�R 8 r `m m - Y o, �v?.O `orovN ` 'cL � Y�•n° OED= ° � ° v 75 w fl .Q pro N aw m ° o- L a � C,d0o N� r E a dc 0 t ; R E E E ro v_ c�1 0-0 ro gyc Q _ G c O .0 N ° R G= a a T b — °.E b O 0. C D-M- u p Cr a") t EL — 0,s CMr-00 'm c2 E t d° a m U r ' -- a ` U '� d rn o A d Y Q E 0 c °-a '-L E m ARE � NNo,0.Nbro' °'b-2muAmcnc .? R v s Im C as+ aR+ ° a s ° E a d ° 3 c E ' ' N E = — c ` Q -0 ms v c y v y rsv m nm °' CL � Q R 10 L R E Y b a`i•�,w N d?+ E G Y ,rn Y t c c V v `o ? R y o co ` Q o w _rnc6° vn > 3 ° °'' ca 5roaV ° E QS Q'Sy- R--t X O R F-- iN O S Q 00 N F V1!1 Q R L , ?m O W Z u. Ordinance-19 Draft#5 9111106 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 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 Ordinance-20 Draft#5 9/11/06 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 not proceed further until such work has been approved: A) Footings - before any concrete is poured for freestanding signs or any other sign partially supported on or attached to the ground. B) Electrical - signs containing electrical wiring shall be inspected by the State Department of Labor and Industries. C) Final -to be made immediately after erection. 17.07.060 APPROVAL. 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: Ordinance-21 Draft#5 9/11106 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. 17.09.034 TRAFFIC OBSTRUCTION AND VISIBILITY. No sign shall be erected so as to obstruct the vision of vehicular traffic, or at any location where it may interfere with, or be confused with, any traffic signal or device. No sign or sign structure shall be erected within the vision triangle of a corner lot property measured (20 feet along the property line from the intersection of 2 streets or 15 feet from the intersection of a street and alley). 17.09.040 REMOVAL OF DANGEROUS AND/OR ILLEGAL SIGNS. If the Building Official finds that any sign is unsafe or insecure, or is a menace to the public safety, or 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 Ordinance-22 Draft#5 9/11106 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 utili#y company to provide a standby service crew. 17.09.100 AERIAL POWER SOURCE. No aerial or overhead power source shall be allowed for any type of sign. Section 6. That a new Chapter 17.11 entitled "Construction Standards of the Pasco Municipal Code shall be and hereby is enacted and shall read as follow: Ordinance-23 Draft#5 9/11/06 i 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 2/3rds of the dead-load resisting moment. Uplift due to overturning shall be adequately resisted by proper anchorage to the ground or to.the structural frame of the building. The weight of earth superimposed over footings may be used in determining the dead-load resisting moment. Such earth shall be carefully placed and thoroughly compacted. B) WIND LOADS. For the purpose of design, wind pressure shall be taken upon the gross area of the vertical projection of all signs at not less than 15 pounds per square foot for those portions less than 50 feet above the ground. In calculating wind pressure on cylindrical or spherical signs or sign structures, this pressure shall be assured to act on 6/1 Oths of the projected area. In all open frame signs, the area used in computing wind pressure shall.be 1.5 times the net area of the framing members exposed to the wind. C) SEISMIC LOADS. Signs and sign structures shall be designed and constructed to resist seismic forces as specified in the building code. D) COMBINED LOADS. Wind and seismic loads need not be combined in the design of signs or sign structures; only that loading producing the larger stresses need be used. Vertical design loads, shall be assumed to be acting simultaneously with the wind or seismic loads. E) ALLOWABLE STRESSES. The design of wood, concrete, or steel members 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. Ordinance-24 Draft#54/11/06 The working stresses for wind or seismic loads combined with dead loads may be increased as specified in the building code. The working stresses of wire rope and its fastenings shall not exceed 25% of the ultimate strength of the rope or fasteners. 17.11.024 CONSTRUCTION. A) GENERAL. The supports for all signs shall be placed in or upon private property and shall be securely built, constructed, and erected in conformance with the requirement of this title. B) MATERIALS. Materials of construction for signs shall be of the quality and grade as specified for buildings in the building code. In all signs, the materials and details of construction shall, in the absence of specified requirements, conform to the following: 1) Structural steel shall be of such quality as to conform to standards of the building code. The thickness of sheet metal, when formed integrally with the display surface, shall be not less than No. 24 gauge. When not formed integrally with the display surface, the minimum thickness of the secondary members shall be not less than No. 12 gauge. The minimum thickness of hot-rolled steel members furnishing structural support for signs shall be of sufficient strength to support the loads imposed upon them. Steel pipes shall be of such quality as to conform to the building code. Steel members may be connected with one galvanized bolt provided the connection is adequate to transfer the stresses in the member; 2) Anchors and supports for signs, when of wood which are embedded in the soil, or in direct contact with, shall be pressure treated with an approved preservative before erection. 3) No material, part, portion, or equipment shall be used in any sign that might become dangerous because of vibration, corrosion, disintegration, or any other reason. C) RESTRICTIONS ON COMBUSTIBLE MATERIALS. Freestanding signs may be constructed of any materials meeting the requirements of this title. Wall signs, blade or projecting signs, and signs on awnings or canopies or marquees shall . be constructed of incombustible materials, except as provided in subsection (d) of this section. No combustible materials other than approved plastics shall be used in the construction of electric signs. Ordinance-25 Draft#5 9/11/06 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 17.11.0 10 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-26 Draft#5 9/11106 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-27 Draft#5 9111106 in a location that is difficult and or confusing to find. B) The business or place does not have direct access to an arterial street. C) That there are no other reasonable and cost effective alternatives of directing individuals to the business or place. D) Be supported by findings of fact developed through the review criteria in 25.86.060. E) Located on private property; and F) Not be adjacent locations identified in 17.30.040. 17.13.040 STANDARDS AND LOCATIONS FOR OFF-PREMISE DIRECTIONAL SIGN KIOSKS. Due to the lack of intensive development and or the existence of new streets, certain areas of the community will be permitted to have off-premise directional sign kiosks. Off-premise directional sign kiosks are permitted to be erected near the intersections of the following streets: A) Broadmoor Boulevard & St. Thomas Drive. B) Broadmoor Boulevard & Sandifur Parkway. C) Sandifur Parkway & Road 68. D) Road 68 & Burden Boulevard. E) East Lewis Street & East Lewis Place. F) Hillsboro Street& Commercial Avenue. G) Hillsboro Street& Railroad Avenue. H) Oregon Avenue &James Street. I) Lewis & 28h 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-28 Draft#5 9/11/06 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-29 Draft#5 9/11/06 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) 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. Except prohibited signs under Section 17.05.040, shall be removed upon written notification. 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-30 Draft#5 9/11/06 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 17.15.040, the non-conforming sign to may be removed by the city, and the cost thereof shall be charged to the owner or tenant. If the removal of any sign requires compensation in accordance with RCW 47.42.107, such sign may. remain until the city orders compliance by written notice. Section 9. That a new Chapter 17.17 entitled "Variances and Appeals" of the Pasco Municipal Code shall be and hereby is enacted and shall read as follows: CHAPTER 17.17 VARIANCES AND APPEALS Sections 17.17.010 Variance and appeal procedure. 17.17.010 VARIANCES AND APPEALS PROCEDURE. A) POWERS. Recognizing that there are certain cases that may, or may not, be detrimental to aesthetic character, public health, safety and general welfare, and the effectiveness of visual communication in the city depending upon the facts of each particular case, a limited power to issue variance permits and to interpret any section of the title is vested with the Hearing Examiner. B) VARIANCES AND APPEALS. Application for appeals and variances from the ruling of the Building Official, concerning the provisions herein, may be made to the Hearing Examiner. The City Planner shall receive all applications requesting review of the Building Official's requirements, decisions, or determinations relating thereto, for a variance. The City Planner shall fix a reasonable date and time for the public hearing and shall give at least 10 days advance written notice thereof to the parties and to the owners of property within 300 feet of the actual or anticipated location of this sign subject to the variance. The Hearing Examiner shall conduct a hearing and make a decision following the procedures outline in 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-31 Draft#5 9/11/06 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-32 Draft#5 9/11/06 I Section 10. APPLICABLITY TO CAMPAIGN SIGNS The regulations adopted in this ordinance applicable to campaign signs shall not become effective until December 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: Debra L. Clark Leland B. Kerr City Clerk City Attorney Ordinance-33 Draft#5 9/11106 AGENDA REPORT TO: City Council September 8, 2006 FROM: Gary Crutch f e Manager Workshop Mtg.: 9111105 Regular Mtg.: 9/18106 SUBJECT: Appointments to Regional Hotel/Motel Commission 1. REFERENCE(S): 1. Letter from Tri-Cities Visitor& Convention Bureau dated 8/29/06 2. Section 5 of Interlocal Agreement establishing Tri-City Regional Tourism Promotion Area II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 9111: Discussion 9118: MOTION: I move to appoint Hermann Haastrup (Pasco Red Lion) to a two-year term on the Tri-Cities Regional Hotel/Motel Commission; tenn to expire 8/30/08. 111. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: A) Pasco, along with the cities of Kennewick and Richland, entered into an interlocal agreement in June 2004 to create a regional "Tourism Promotion Area" (TPA). The TPA is an organization formed as authorized by recent state law to levy special assessments for the use of lodging facilities within the respective area. In the case of the Tri-Cities, all hotels/motels within the boundaries of the three cities are required to collect from users of their facilities the fee of $1.50 for each room night used. That fee is remitted by each of the hotels/motels to the state; the state, in turn, distributes the funding back to the respective cities within which it was collected (much like the long-standing 2% hotel/motel tax) and the cities distribute it to the TPA for expenditure in accordance with the business plan and budget established by the Regional Hotel/Motel Commission. B) The Regional Hotel/Motel Commission is established under Section 5 of the Interlocal Agreement. The Commission consists of six voting members; two appointed by each of the three cities from nominees offered by the Tri-City Hotel Lodging Association. Any vacancy is to be filled by the respective city from a list of nominees offered by the Association. C) The Commission presently has one vacancy (Paul Beatty, former manager of the Pasco Red Lion). D) The Tri-Cities Hotel Lodging Association, as evidenced by the letter from the Tri- Cities Visitor & Convention Bureau President, recommends, for the reasons outlined in the letter dated August 29, that Mr. Beatty's position on the Commission be filled by Hermann Haastrup (the new manager of the Pasco Red Lion) who would fill the two-year term to expire August 30, 2008. V. DISCUSSION: A) Mayor Olson has discussed this appointment with Mr. Haastrup and recommends that City Council appoint Mr. Haastrup as recommended by the Tri-Cities Hotel Lodging Association, without interview. 3(9) J VISITOR£t CONVENTION BUREAU TRI-CITIES VISITOR&CONVENTION BUREAU P.O.Box 2241 Tri-Cities,WA 99302-2241 509-735-8486 1-800-254-5824 . Fax 509-783-9005 August 29, 2006 www.VisitTri-Cities.com info@VisitTri-Cities.com Mr. Gary Crutchfield City of Pasco 525 N. P Avenue Pasco,WA 99301 Dear Mr. Crutchfield: When the TPA Commission was formed in 2004, it was agreed that in order to prevent all positions from expiring at the same time each city would have two representatives: each with terms expiring on alternating years. The current Pasco representatives are Vijay Patel with the AmeriSuites,whose term is up for renewal in August of 2007 and the position previously held by Paul Beatty with the Red Lion Pasco which.is currently vacant. The expiration date for that position is August 31, 2006. Tri-City Hotel &.Lodging Association has voted to nominate Mr. Hermann Haastrup,who has been appointed as the incoming General Manager at the Pasco Red Lion. It is the Tri-City Hotel and Lodging Association's position that given the limited pool of candidates for each city, and the importance of having a representative from the largest hotel in the Tri-Cities,the commission and the industry would benefit from the leadership that Mr. Haastrup brings to the area.. Since the Interlocal Cooperation Agreement established in June of 2004 states in paragraph 5b that "two voting members shall be selected by the Pasco City Council from a list of nominees prepared by. the Tri-Cities Hotel&Lodging Association from Operators of Lodging Businesses within the city limits of Pasco"we offer the following for your consideration: Hermann Haastrup/Pasco Red Lion: Mr. Haastrup is the preferred candidate for the reasons listed above for the upcoming vacancy. Allison White/Sleep Inn: Ms. White has agreed to fill the vacancy in the event that the City.does not approve Mr. Haastrup's appointment to the commission. The Bylaws state that each commissioner can serve no more than two consecutive terms. This will be the first term for Mr. Haastrup should he be successfully approved. Please submit Hermann Haastrup as the Tri-City Hotel & Lodging Association's recommended candidate for Pasco's Tri-City Hotel-Motel Commission representative to the Pasco City Council for their final approval. If approved, Mr. Haastrup's term would expire on August 30, 2008. Please contact me directly if I can provide any additional information. Sincerely, Kris Watkins President & CEO i. The general promotion of tourism within the Tri-Cities Regional Area as specified in the TPA business plan to be adopted annually; ii. The marketing of convention, conferences and trade shows that benefit local tourism and the Lodging Business in the Tri-Cities Regional Area; Mi. The marketing of the Tri-Cities Regional Area to the travel industry in order to benefit local tourism and the Lodging Businesses in the Tri-Cities Regional Area; iv. The marketing of the Tri-Cities Regional Area to recruit sporting, athletic, recreational, entertainment, performing arts and cultural events in order to benefit tourism and the Lodging Businesses within the Tri-City Regional Area for the purpose of increasing overnight visitor stays within the region. V. Provide marketing and event assistance for qualifying non-profit events that represent a substantial likelihood of benefiting tourism and lodging businesses in the Tri-City Regional Tourism Promotion Area that represent a substantial likelihood of benefiting Tourism and Lodging Business in the Tri-City Tourism Promotion Area and for the purpose of increasing overnight visitor stays within the region. 5. Creation of Tri-City Regional Hotel-Motel Commission. A. It is understood and agreed that it is hereby created, pursuant to RCW 35.101.130 (1), the Tri-City Regional Hotel and Motel Commission ("Commission") to advise the Cities on the expenditure of Special Lodging Assessment revenues to fund tourism promotion within the Tri-City,region. B. The Commission shall consist of six (6) voting Members and three (3) ex officio Members. Two voting members shall be selected by the Kennewick City Council from a list of nominees prepared by the Tri-City Hotel and Lodging Association from Operators of Lodging Businesses within the city limits of the City of Kennewick. Two (2) voting members shall be selected by the Pasco City Council from a list of nominees prepared by the Tri-City Hotel and Lodging Association from Operators of Lodging Businesses within the city limits.of the City of Pasco. Two voting members shall be selected by the Richland City Council from a list of nominees prepared by the Tri-City Hotel and Lodging Association from Operators of Lodging Businesses within the city limits of the City of Richland. In no event shall fifty percent (50%) or more of the voting membership of the Commission be selected from the same Lodging Ownership or Management Company within the Tri-City Regional Area. The City Manager or his or her Designee from each of the three Cities shall serve as an ex officio member. All Commission members, voting and ex officio may participate in all discussions regarding 5-27-2004 7 proposed activities and programs by the Tri-City Regional Tourism Promotion Area for promotion and marketing of tourism. Ex officio members shall not have voting rights, except in the event of a tie vote among the voting members at which time, each ex ofcio member may cast a vote to break the tie. Any vacancy on the Tri-City Regional Hotel and Motel Commission shall be filled by the appointing City, from a list of nominees prepared by the Tri-City Hotel and Lodging Association for voting memberships within thirty (30) days from the date the vacancy occurs. . C. It is understood and agreed that the initial voting members of the Commission shall serve staggered terms, with one member serving a one-year term and the second member serving a two-year term. The length of the term for each individual voting member of the initial Commission shall be chosen by lot at the first meeting of the Commission. Thereafter, all voting members subsequently appointed to the Commission shall serve a term of two years. No voting member shall serve more than two consecutive terms as a Member of the Commission unless such subsequent term is separated by at leas( twelve (12) months from (lie last date of service as a Member of the Commission. A Membcr may be removed from the Commission by three- fourths (314) affirmative vote of the Commission for actions deemed to be adverse to the interest of the Commission. Such actions may include unexcused absences from three meetings of the Commission within a twelve (12) month period; failure to perform assigned duties and responsibilities; and conduct detrimental to the best interests of the Commission. Succeeding and replacement voting members shall be selected by each City as provided above for the selection of the initial voting members of the Commission. b. Contract For Management of the Tri-City Tourism Promotion Area. The Cities shall contract with, and appointed the Tri-Cities Visitor & Convention Bureau as the initial TPA Manager for the operation of the Tri-City Regional Tourism Promotion Area. Such contract shall provide for the operation of the Area in compliance with the terms of this Interlocai Agreement, Ordinances and Resolutions adopted by the Cities, and with all regulations lawfully imposed by the State Auditor or other State Agencies, 7. Modification or Disestablishment of the Tri-City Regional Tourism Promotion Area. A. The respective City Councils of each City may, by the affirmative vote of a majority plus one or the whole Council, modify the provisions of the Ordinance establishing its Tourism Promotion Area and participation in the Tri-City Regional Tourism Promotion Area, or provide for the disestablishment of its Tourism Promotion Area and/or its withdrawal from the Tri-City Regional Tourism Promotion Area in the manner as provided by RCW 35.101.140 after adapting a Resolution of Intention for such effect and providing for a public hearing as required by law. Such Resolution of Intention shall describe the change or changes proposed, or indicate that it is the intention to disestablish its Tourism Promotion Area or withdraw from the Tri-City Regional Tourism Promotion Area, and shall state the time and the place for a public hearing to be held before the City Council to consider the proposed action. Any City, after Public Hearing, 5-27-2004 8 AGENDA REPORT TO: City Council September 7, 2006 FROM: Gary Crutchf Manager Workshop Mtg.: 9/11/06 SUBJECT: Lodging Tax dvisory Committee Appointments I. REFERENCE(S): 1. Resolution No. 2314 II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS- 9/11: Discussion III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: A) The Lodging Tax Advisory Committee (LTAC) was established under Resolution No. 2314 in June 1997 to comply with state requirements imposed at that time relating to the use of the city's lodging tax ("hotel/motel tax"). The committee met in 1997 and 1998 to perform its duty as expressed in Section 4 of Resolution No. 2314. The committee was dormant for several years thereafter, as the committee itself concluded that the existing commitments to debt service (for the TRAC and baseball stadium facilities) and tourism promotion (Visitor & Convention Bureau contract) left no real discretion to the committee. However, in 2004, representatives of the hotel industry in Pasco requested that the committee be revived. The City Council made new appointments to the committee in July 2004, as follows: • Hotel Representatives: Troy Woody (Red Lion) and Michelle Frisbee (AmeriSuites). User Representatives: Roger Johnson (Pasco Chamber of Commerce) and Veronica Yzquierdo (Pasco Downtown Development Association). • City Council: Mike Garrison. B) Since the 2004 appointments, both of the user representatives have Ieft their positions as executive directors of the respective organizations, Troy Woody has left the Red Lion and Michelle Frisbee has moved from the Ameri Suites to the Red Lion. The committee currently only has two valid representatives (Ms. Frisbee and Mr. Garrison). In order to fulfill its statutory obligation in accordance with the city's resolution, the City Council needs to make three appointments to the committee to fill the vacant representative positions. V. DISCUSSION: A) The appointments in the past have been structured so as to typically appoint the manager of the Red Lion(representing the largest hotel in Pasco) and the manager of .one of the smaller facilities; since Ms. Frisbee is presently employed by Red Lion, it . would be best to appoint a representative from a smaller hotel. The user representative positions have been the executive directors of the respective organizations noted (Pasco Chamber of Commerce and Pasco Downtown Development Association); both organizations should offer new representatives to fill the committee voids. B) With Council concurrence, the Mayor should identify names for formal appointment (with Council concurrence) at the earliest opportunity(September 18, if possible). 3(h) RESOLUTION NO.`2,,fj . A RESOLUTION establishing a Lodging Tax Advisory Committee. WKERF.AS, the City of Pasco currently levies a lodging tax pursuant to Chapter 67.28 RCW; and WHEREAS, the State Legislature has enacted Substitute Senate Bill (SSB) 5867, enacted as Chapter 452, Laws of 1997, which modifies or repeals certain previous lodging tax authority and adds new lodging tax authority; and WHEREAS, SSB 5867 requires any new imposition of a lodging tax enacted dunder Chapter 67.28 RCW in a city with a population over 5,000,be first submitted for consideration to a lodging tax advisory committee not less than 45 days in advance of final action on a lodging tax by the city; and WHEREAS, Senate Bill 5867 replaces the current lodging tax authority with a new statutory scheme effective July 27,1997; and WHEREAS,the City of Pasco relies on the receipts of the current lodging tax to fulfill its contractual obligation to Franklin County for its share of the debt and operating expenses associated with the TRAC facility, as well as the bonds issued to finance construction of the professional baseball stadium in Pasco; and WHEREAS, to ensure continued authorization for the imposition of the lodging tax within the City of Pasco, it is deemed to be in the best. interest of the city that a lodging tax advisory committee be created immediately and that a proposal be submitted to this committee regarding continuation of a lodging tax; NOW, THMZE.FORE, TBE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS: Section 1. There is hereby created a City of Pasco Lodging Tax Advisory Committee to serve the functions prescribed in Senate Bill 5867,which was enacted as Chapter 452, Laws of 1997. Section 2 The membership of the lodging tax advisory committee shall consist of five persons appointed by the City Council. One member shall be an elected official of the city, who shall serve as chair. Two members shall be representatives of ! businesses required to collect the tax and two members shall be persons involved in activities authorized to be funded from revenue received from the tax. The City Council will review the membership on an annual basis and make changes as appropriate. Any appointments to the committee shall be made by the City Council. Section 3. The following persons are hereby appointed to initially serve as j members of the lodging tax advisory committee: (A) Elected Oficiah Councilman Mike Garrison. 0 Businesses required b collect the lodging tax shall be represented by: (1) Alan Paty, General Manager, Doubletree Hotel. (2) Dorothy Hildebrant, Manager, Goal Post Motel. (C) Persons involved in activities authorized to use proceeds cf the lodging tax shall be represented by: (1) Dorothy Schoeppach, Executive Director, Pasco Chamber of Commerce. (2) Rosemary Doupe, Executive Director, Pasco Downtown'Development Association. Section 4. In accordance with SSB 5867, the City Council shall submit to the lodging tax advisory committee, for its review and comment, proposals on the imposition of any tax authorized under SSB 5867; any increase in the rate of such a tax; repeal of any exemption from such a tax; or a change in the use of the revenue received from such a tax. Comments by the committee should include an analysis of the extent to which the proposal will accommodate activities for tourists or increase tourism and the extent to which the proposal will affect the long-range stability of the special fund created for the lodging tax revenues. Section b. In accordance with Section 4 of this Resolution, the City Council hereby submits to the lodging tax advisory committee the following proposal for its immediate review and comment: To ensure the continued levy of the lodging tax as . authorized by Chapter 67 .28 RCW, the city should re- enact an Ordinance levying a special excise tax on the .sale or charge made for furnishing of lodging that is subject to tax under Chapter 82. 08 RCW. Section 6. In order to take all steps necessary or indicated by SSB 5867 with regard to re-enactment of lodging taxes levied by the city, the lodging tax advisory committee is hereby requested to conduct its first meeting not later than June 30, 1997, and to report back to the City Council its comments with respect to the tax proposal set forth in Section 5 of this Resolution no later than July 19,1997. Section 7. This Resolution shall take effect immediately upon passage. PASSED by the City Council of the City of Pasco at a regular meeting this 16th day of June, 1997. Charles D. filbury, Alayor ATTEST: 1 Catherine D Seaman, Deputy City Clerk APPRO TO FORM Leland Kerr, City Attorney Resolution establishing a Lodging Tax Advisory Committee - Page 2 AGENDA REPORT NO. 84 FOR: City Council Date: September 8, 2006 TO: Gary Crutch Manager Workshop: 9/11/06 !J Regular: 9/18/06 FROM: Richard J. Smi h, Director !' Community & conomic Development SUBJECT: Parking Ordinance Revision/East Lewis Place L REFERENCE(S): A. Map B. Draft Ordinance II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 9/11/06: DISCUSSION 9/18/06 MOTION: I move to adopt Ordinance No. amending PMC Sections 10.56.040 and 10.56.090 adding parking restrictions, and, further, authorize publication by summary only. II1. FISCAL IMPACT Cost of Signs IV. HISTORY AND FACTS BRIEF: A. On Sundays, during warm weather months, the Pasco Flea Market operates on an open lot fronting on East Lewis Place in East Pasco. B. The only point of ingress and egress to the Flea Market is by East Lewis Place which intersects with East Lewis Street. This intersection, the subject of resident complaints, becomes very congested. C. In August, 2006, the City Manager and staff met with the owner of the Flea Market and reiterated his responsibility to provide flaggers and manage the traffic both at the East Lewis Street/East Lewis Place intersection and the entrance to the Flea Market parking lot. D. People have been parking with increasing frequency along the side of the road along East Lewis Place and walking to the Flea Market. This practice exacerbates the congestion. People have also been observed driving on the shoulder of the road, a safety hazard for pedestrians. E. The City staff thus proposes to post "No Parking" signs along East Lewis Place from the cul-de-sac at the end of East Lewis Place to the Bradley's Towing property line (see map). Cars parking along the street could be towed or ticketed. Moreover, the signs themselves will be physical barriers preventing people from driving on the shoulders. V. DISCUSSION: A. 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"k's •� r�,.3r:r{x 5 n ] �.. : .tt•. ;Y: i•7 r..�'l•., f 'y'��""" e} f-. rrs �;Ly 1� 'Ft �r>♦ -: ��.;�„ ;f[,!�'I,�. ;, „tV .+it.,_r�':=�:4•-�f. =�y f ',1_�e.f r. ' . .+ error 1 sew x.• •� �fr��� f 'x«'.. }s , <' i II F t P' `� 'i �". Ci ,:?' s, ttar / '',�,,:k15:_.;, r::�i�x, c-,w;a •,,,•: S° Exhibit B ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington, Amending Section 10.56.040 Entitled "Parking Prohibited During Certain Hours on Certain Streets" and PMC 10.56.090 Entitled "Schedule IV - Parking Prohibited During Certain Hours on Certain Streets" Prohibiting Parking on East Lewis Place During Certain Hours on Saturdays and Sundays WHEREAS, pursuant to RCW 46.61.570, the City Engineer has determined that weekend parking on East Lewis Place in conjunction with the commercial activities adjacent thereto creates unacceptable traffic congestion, interferes with the rights of adjacent property owners, and creates a potential safety hazard; and pursuant to his authority as provided by law (WAC 308-330-265) has after investigation deemed it necessary to regulate the parking on East Lewis Place and to minimize the problems identified above, NOW, THERFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO HEREBY ORDAIN AS FOLLOWS: Section 1. That Section 10.56.040 entitled "Parking Prohibited During Certain Hours on Certain Streets" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 10.56.040 PARKING PROHIBITED DURING CERTAIN HOURS ON CERTAIN STREETS. When signs are erected in each block giving notice thereof, no person shall park a vehicle on the days or between the hours specified and within the district or upon any of the streets specified or described in Section 10.56.090, Schedule IV, en any day °°r°H* Sundays publie holiday-s. (Ord. 1999 Sec. 2, 1978; Ord. 1824 Sec. 8, 1976; prior code Sec. 8-34.16.) Section 2. That Section 10.56.490 entitled "Schedule IV - Parking Prohibited During Certain Hours on Certain Streets" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 10.56.090 SCHEDULE IV - PARKING PROHIBITED DURING CERTAIN HOURS ON CERTAIN STREETS. In accordance with Section 10.56.040, and when signs are erected giving notice thereof, no persons shall park a vehicle on the days or between the hours specified herein on any street within the district or upon any of the streets or parts of streets as follows: DISTRICT PROHIBITED 3rd (Clark south to alley, west side) All times (except Sundays and public holidays) Ordinance Amending Section 10.56.040 and 10.56.090- 1 Court Street (south side) 10th Avenue All times to 14th Avenue except Sundays and public holidays) I Oth Avenue (Henry to Marie, west side) 8:00 a.m. - 5:00 p.m. school days 18th Avenue from Park to Henry 8:00 a.m. - 5:00 p.m. (except Sunda. sand public holidaysl 10th Avenue (east side) fora distance of All times 125 feet south of the south curb line of (except Sundays and public holidays) Brown Street East Lewis Place both sides from its 8:00 a.m. to 6:00p.m. east terminus west 2.842 feet Saturdays and Sundays (Ord. 3774, 2006; Ord. 2640 Sec. 1, 1987; Ord. 2138 Sec.1, 1980; Ord. 1973 Sec. 4, 1976; prior code Sec. 8-42-16.) Section 3. This Ordinance shall take full force and effect five (5) days after its approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington and approved as provided by law this day of , 2006. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Leland B. Kerr City Clerk City Attorney Ordinance Amending Section 10.56.040 and 10.56.090-2 AGENDA REPORT TO: City Council September 7, 2006 FROM: Gary Crutchfi i Manager Workshop Mtg.: 9/11/06 SUBJECT: Street Sweepin Program L REFERENCE(S): 1. Memorandum to City Manager from Public Works Director dated 8123/06 II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 9/11: Discussion III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) Part of the city's street maintenance activities includes sweeping the streets (at least those with curb and gutter). The city has occasionally received complaints about the frequency of sweeping and the problem of the sweeper going around parked cars (thus leaving portions of streets unswept after the car moves). Council has noted these complaints on various occasions over the last year or so. B) In response to the complaints, the Public Works Director has been asked to provide an overview of the current street sweeping program and why we currently do what we do. In addition, the attached memorandum explains the.basic costs of adding another sweeper (in addition to the capital cost of nearly $200,000, we would need to add a full time operator which currently costs nearly $60,000/year). V. DISCUSSION: A) This information is provided to Council for workshop discussion about the challenges associated with the street sweeping program and the options involved. 3(I) MEMORANDUM DATE: August 23, 2006 TO: Gary Crutchfield, City Manager FROM: Bob Alber ll ' ctor of Public Works SUBJECT: Street Sweeping Program The Public Works Department operates two full time street sweepers. A third street sweeper is used for emergencies, following snow removal operations and during the fall to help pick up leaves in the streets. The City is split into two street sweeping areas, with one street sweeper assigned to each area. Only curb & gutter streets are routinely swept. A push broom sweeper is used on gravel shoulder streets once a year or as needed. It takes four to six weeks to sweep an area. Once an area is completed, the operator returns to where the sweeping started and proceeds until the area again has been totally swept. A sweeper is also assigned during the alley chip seal program. The reason finishing a route takes four to six weeks is due to high maintenance and multiple demands for the equipment. The sweepers are also equipped to spray for weed control,which can lengthen the time to complete an area. The hours for sweeping are 5:30 a.m, to 7:00 a.m. for arterial streets and 7:00 a.m. to 1:30 p.m. for residential streets. The downtown area is swept three times each week during the summer and twice a week the rest of the year. It would not be possible to guarantee specific routes to be swept on certain days or certain times under our current program. In order to do this, at least one or more street sweepers and operators would be needed. If the streets were to be signed prior to sweeping, additional staff would be required to place and pick up the signs each day. A street sweeper costs between $180,000 to $200,000. I, pq, sea: / d .--- -- J 111 ' �TO :� _� / �� ► slFill jRNlfa11ol Y /� ♦•��fit. ,� 1.re y, .r ' 4Li.�ee11U slmLl rm Z, Iq'tlhI mn ;e�,�l� ��.■ I R rll1l� �It�NJaiiillfuuuee : „1 �P41. 7� it � - 111[Il�i all uuur AGENDA REPORT FOR: City Council September 5, 2006 TO: Gary Crutchfi Manager Workshop Mtg.: 09/11/06 FROM: Gregory L. Ga ia, Fire Chief Regular Mtg.: 09/18/06 SUBJECT: Reject the Bids for the Vehicle Storage Building I. REFERENCE(S): II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 09/11: Discussion 09/18: MOTION: I move to reject.all bids received for the construction of the Vehicle Storage Building. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: A) In the 2006 Capital Improvement Budget the City Council approved a new vehicle storage building to be built at, station 83 on Road 68. The budgeted amount was $300,000. V. DISCUSSION: A) On August 23, 2006 four bids were opened and the lowest bidder was Siefken and Sons at $420,823 plus an option to add brick veneer at an additional $20,200. The highest bid was from Fowler General Construction Company at $499,000 plus the veneer at $15,420. B) Since the building boom in the City all construction costs has soared beyond normal cost. C) Staff has opted to wait to construct the building in 2008 in hopes that the cost of building materials and construction costs will stabilize and we can attract more bidders. Therefore staff is asking the Council to reject all of the bids. 3(k) AGENDA REPORT FOR: City Council August 18, 2006 TO: Gary Crutchfi anager Workshop Mtg.: 9/11/06 Regular Mtg.: 9/18/06 FROM: Stan Strebe strative and Community Servic c or SUBJECT: Public Records Requests and Adopting the Washington State Attorney General's Model Rules I. REFERENCE(S): A. Proposed Resolution II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 9/11: Discussion 9/18: MOTION: "I move to adopt Resolution No. regarding public records. requests and adopting the Washington State Attorney General's Model Rules. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) In 2005 the State Legislature revised the public records disclosure statutes and directed the State Attorney General to develop advisory model rules regarding public records requests for implementation by the various governments affected. B) Staff has reviewed the model rules, and with the assistance of the City Attorney, developed the attached resolution implementing the rules for the City. While the City has generally been implementing the requirements of the statute as outlined, the adoption of the rules provides clarity and a complete outline of the policies and procedures regarding the maintenance and disclosure of public records. C) Staff recommends adoption of the resolution. 3(1} RESOLUTION NO. A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, REGARDING PUBLIC RECORDS REQUESTS AND ADOPTING THE WASHINGTON STATE ATTORNEY GENERAL'S MODEL RULES WHEREAS, the Washington State Legislature, in 2005, revised the public disclosure statutes and directed the Washington State Attorney General's Office to adopt advisory model rules for implementation by cities; and WHEREAS, the City, in order to update its disclosure procedures consistent with the recent legislative changes and to incorporate the model rules as a part of its procedures, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES RESOLVE AS FOLLOWS: Section 1. AGENCY DESCRIPTION - CONTACT INFORMATION _ PUBLIC RECORDS OFFICER. A) The City of Pasco, is a Washington Municipal Corporation providing municipal services. The City's central office is located at the Pasco City Hall, located at 525 North 3rd, Pasco, WA. B) Any person wishing to request access to public records of the City, or seeking assistance in making such a request should contact the public records officer at: Office of the City Clerk City of Pasco 525 North 3rd Pasco WA 99301 (509) 545-3402 (509) 543-5727 e-mail address: CityClerkInfo @.ci.pasco.wa.us Information is also available at the City's web site at www.ci.pasco.wa.us.. C) The public records officer will oversee compliance with the act but another City .staff member may process a request. Therefore, these rules will refer to the public records officer "or designee." The public records officer or designee and the City will provide the "fullest assistance" to requestors; ensure that public records are protected from damage or Resolution No. Public Records Request Page 1 disorganization; and prevent fulfilling public records requests from causing excessive interference with essential functions of the City. Section 2. AVAILABILITY OF PUBLIC RECORDS. A) Hours for inspection of records. Public records are available for inspection and copying during normal business hours of the City, Monday through Friday, 8:00 a.m. to 5:00 p.m., excluding legal holidays. Records must be inspected at the office of the City Clerk at City. Hall. B) Records Index. The City finds that maintaining an index is unduly burdensome and would interfere with City operations. The requirement would unduly burden or interfere with City operations in the following ways: 1) Given the number of different departments/divisions in the City, the maintenance of a single index is impractical; and 2) Due to activity levels in the City, the type and number of records is constantly changing. C) Organization of records. The City will maintain its records in a reasonably organized manner. The City will take reasonable actions to protect records from damage and disorganization. A requestor shall not take City records from City offices, or that location designated for the inspection of public records, without the permission of the public records officer or designee. A variety of records is available on the City's web site at www.ci.pasco.wa.us. Requestors are encouraged to view the documents available on the web site prior to submitting a records request. D) Making a request for public records. 1) Any person wishing to inspect or copy public records of the City should make the request in writing on the City's request form, or by letter, fax, or e-mail addressed to the public records officer and including the following information: a) Name of requestor; b) Address of requestor; C) Other contact information, including telephone number and/or e- mail address; Resolution No. Public Records Request Page 2 d) Identification of the public records adequate for the public records officer or designee to locate the records; and e) The date, and if presented at City Hall, the time of day of the request. 2) If the requestor wishes to have copies of the records made instead of simply inspecting them, he or she should so indicate and make arrangements to pay for copies of the records or a deposit. Standard photocopies will be provided at 15 cents (15¢) per page. 3) A form is available for use by requestor at the office of the public records officer and online at www.ci.pasco.wa.us. 4) The public records officer or designee may accept requests for public records that contain the above information by telephone or in person. If the public records officer or designee accepts such a request, he or she will confirm receipt of the information and the substance of the request in writing. 5) In the event the records requested in any department are readily.available, of a routine nature, and do not involve the interest of any other person, the public records officer or the department head may authorize the immediate inspection and/or copying of such record without the necessity of filing the request as provided in subsection (1) above. Section 3. PROCESSING OF PUBLIC RECORDS REQUEST - GENERAL. A) Providing "fullest assistance." The City is charged by statute with adopting rules which provide how it will "provide full access to public records," "protect records from damage or disorganization," "prevent excessive interference with other essential functions of the City," provide "fullest assistance" to requestors, and provide the "most timely possible action" on public records requests. The public records officer or designee will process requests in the order allowing the most requests to be processed in the most efficient manner. B) Acknowledging receipt of request. Within five (5) business days of receipt of the request,the public records officer will do one or more of the following: 1) Make the records available for inspection or copying; 2) If copies are requested and payment of a deposit for the copies, if any, is made or terms of payment are agreed upon, send the copies to the requestor; 3) Provide a reasonable estimate of when records will be available; Resolution No. Public Records Request Page 3 4) If the .request is unclear or does not sufficiently identify the requested records, request clarification from the requester. Such clarification may be requested and provided by telephone. The public records officer or designee may revise the estimate of when records will be available; or 5) Deny the request. C) Consequences of failure to respond. If the City does not respond in writing within five.(5) business days of receipt of the request for disclosure, the requester should consider contacting the public records.officer to determine the reason for the failure to respond. D) Protecting rights of others. In the event that the requested records contain information that may affect rights of others and may be exempt from disclosure, the public records officer may, prior to providing the records, give notice to such others whose rights may be affected by the disclosure. Such notice should be given so as to make it.possible for those other persons to contact the requestor and ask him or her to revise the request, or, if necessary., seek an order from a court to prevent or limit the disclosure. The notice to the affected persons will include a copy of the request. E} Records exempt from disclosure. Some records are exempt from disclosure, m whole or in part. If the City believes that a record is exempt from disclosure and should be withheld, the public records officer will state the specific exemption and provide a brief explanation of why the record or a portion of the record is being withheld. If only a portion of a record is exempt from disclosure, but the remainder is not exempt,the public records officer will redact the exempt portions, provide the nonexempt portions, and indicate to the requestor why portions of the record are being redacted. F) Inspection of records. 1) Consistent with other demands, the City shall promptly provide a location to inspect public records. No member of the public may remove a document from the. viewing area or disassemble or alter any documents. The requestor shall indicate which documents, if any, he or she wishes the City to copy. 2) The requestor must claim or review the assembled records within thirty (30) days of the City's notification to him or her that the records are available for inspection or copying. The City will notify the requestor in writing of this requirement and inform the requestor that he or she should contact the City to make arrangements to claim or review the records. If the requestor or a representative of the requestor fails to claim or review the records within the thirty-day period or make other arrangements, the City may. close the request and refile the assembled records. Other public records Resolution No. Public Records Request Page 4 requests can be processed ahead of a subsequent request by the same person for the same or almost identical records, which can be processed as a new request. G) Providing codes of records. After inspection is complete, the public records officer or designee shall make any requested copies or arrange for copying. (H) Providing records in installments. When the request is for a large number of records, the public records officer or designee will provide access for inspection and copying in installments, if he or she reasonably determines that it would be practical to provide the records in that way. If, within thirty (30) days, the requestor fails to inspect the entire set of records or one or more of the installments, the public records officer or designee may stop searching for the remaining records and close the request. I) Completion of inspection. When the inspection of the requested records is complete and all requested copies are provided, the public records officer or designee will indicate that the City has completed a diligent search for the requested records and made any located nonexempt records available for inspection. ,I) Closing withdrawn or abandoned request. When the requestor either withdraws the request or fails to fulfill his or her obligations to inspect the records or pay the deposit or final payment for the requested copies, the public records officer will close the request and indicate to the requestor that the City has closed the request. K) Later discovered documents. If, after the City has informed the requestor that it has provided all available records, the City becomes aware of additional responsive documents existing at the time of the request, it will promptly inform the requestor of the additional documents and provide them.on an expedited basis. Section 4. EXEMPTIONS. A) The Public Records Act provides that a number of types of documents are exempt from public inspection and copying. In addition, documents are exempt from disclosure if any "other statute" exempts or prohibits disclosure. Requestors should be aware of other exemptions, outside the Public Records Act, that restrict the availability of some documents held by the City for inspection and copying. A list of such laws is available at the office of the City Clerk and may be available at the City's website. B) The City is prohibited by statute from disclosing lists of individuals for commercial purposes. Section 5. COSTS OF PROVIDING COPIES OF PUBLIC RECORDS. Resolution No. Public Records Request Page 5 A) Costs for paper copies. There is no fee for inspecting public records. A requestor may obtain standard black and white copies for 15 cents (15¢)per page. Before beginning to make the copies, the public records officer or designee may require a deposit of up to ten percent of the estimated cost of copying all the records selected by the requestor. The public records officer or designee may also require the payment of the remainder of the copying cost before providing all the records, or the payment of the cost of copying an installment before providing that installment. The City will not charge sales tax when it makes copies of public records. B) Costs for electronic records. The costs of electronic copies of records shall be One Dollar ($1.00) for information.on a floppy disk and One Dollar($1.00) for information on a CD- ROM. C) Costs for specialized services. In the event that it is necessary for the City.to secure the services of an outside source for copying (due to the size of the request or for copying. blueprints, tapes or video recordings), the requestor shall be required to pay.the actual costs of such service. D) Costs of mailirt The City may also charge actual costs of mailing, including the costs of the shipping container. E) Payment. Payment may be made by cash, check or money order to the City. Section 6. REVIEW OF DENIALS OF PUBLIC RECORDS. A) Petition for internal administrative review of denial of access. Any person who objects to the initial denial or partial denial of a records request may petition in writing (including e-mail) to the public records officer for a review of that decision. The petition shall include a copy of, or reasonably identify, the written statement by the public records officer or designee denying the request. B) Consideration of petition for review. The public records officer shall promptly provide the petition and any other relevant information to the City Attorney. The City Attorney will immediately consider the petition and either affirm or reverse the denial within two business days following the City's receipt of the petition, or within such other time as City and the requester shall mutually agree. The comments incorporated in Chapter WAC 44-14 may be relied upon as authority for determinations made by the City in applying or interpreting this Resolution. C) Review by the Attorney_General's Office. Pursuant to RCW 42.17.325142.56.530, if the City denies a requestor access to public records because it claims the record is exempt in Resolution No. Public Records Request Page 6 whole or in part from disclosure, the requestor may request the attorney general's office to review the matter. The attorney general has adopted rules on such requests in WAC 44-06-160. D) Judicial review. Any person may obtain court review of denials of public records requests pursuant to RCW 42.17.340/42.56.550 at the conclusion of two business days after the initial denial regardless of any internal administrative appeal. Section 7. The City Manager is hereby authorized and directed to institute such administrative policies and practices as necessary and appropriate to fully affect this policy. PASSED by the City Council of the City of Pasco, Washington, at its regular meeting on the day of , 2006. Joyce Olson Mayor Attest. Approved as to Form: Debra L. CIark Leland B. Kerr City Clerk City Attorney Resolution.No. Public Records Request Page 7 .