Location: Bonney Lake Justice & Municipal Center, 9002 Main Street East, Bonney Lake, Washington.

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1 CITY COUNCIL WORKSHOP November 7, :00 P.M. AGENDA Location: Bonney Lake Justice & Municipal Center, 9002 Main Street East, Bonney Lake, Washington. I. CALL TO ORDER: Mayor Neil Johnson II. III. p. 3 ROLL CALL: Elected Officials: Mayor Neil Johnson, Jr., Deputy Mayor Randy McKibbin, Councilmember Justin Evans, Councilmember Donn Lewis, Councilmember James Rackley, Councilmember Michelle Surdez, Councilmember Dan Swatman, and Councilmember Tom Watson. AGENDA ITEMS: A. Presentation/Discussion: 2017 Budget Amendment (Proposed Ord. D17-97). B. Report: Update on Water Consumption/Meter Testing. [No advance materials] p. 12 C. Review of Draft Minutes: October 17, 2017 Workshop and October 24, 2017 Meeting. D. Council Open Discussion p. 21 p. 49 p. 53 E. Discussion: AB17-28 Ordinance D17-28 Sign Code Update (AB16-29). F. Discussion: AB Ordinance D Subdivision Code Update Definition Correction. G. Discussion: AB Resolution 2622 Extension of Employment Agreement of the City Administrator. IV. EXECUTIVE/CLOSED SESSION: Pursuant to RCW and/or RCW , the City Council may hold an executive or closed session. The topic(s) and duration will be announced prior to the session. Closed Session: RCW (4)(a) Collective Bargaining Strategies/ Positions. V. ADJOURNMENT For citizens with disabilities requesting translators or adaptive equipment for communication purposes, the City requests notification as early as possible prior to the meeting regarding the type of service or equipment needed. The City Council may act on items listed on this agenda, or by consensus give direction for future action. The Council may also add and take action on other items not listed on this agenda. Page 1 of 1 Agenda Packet p. 1 of 60

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3 Department/Staff Contact: Fin / Cherie Gibson Agenda Item Type: Ordinance City of Bonney Lake, Washington City Council Agenda Bill (AB) Meeting/Workshop Date: 7 November 2017 Ordinance/Resolution Number: D17-97 Agenda Bill Number: AB17-97 Councilmember Sponsor: Agenda Subject: Biennial Budget Amendment Full Title/Motion: An Ordinance Of The City Council Of The City Of Bonney Lake, Pierce County, Washington, Amending The Biennial Budget For Calendar Years 2017 And Administrative Recommendation: Approve Background Summary: Revised Code of Washington (RCW) 35A.34 provides procedures for adopting, managing and amending a biennial budget. Pursuant to this guidance the City Council finds it necessary to make certain revisions to the biennial budget that was adopted via Ordinance # Subsequent to the above referenced adoption, the City obtained the Sumner School District Recreation program which will require an amendment to the General Fund. All other requests are on Exhibit B with the request and explanation. Attached to the Ordinance are Exhibits A & B. As a reminder, the Budget was previously adopted at Fund level to include fund balances. Attachments: Yes BUDGET INFORMATION Budget Amount Current Balance Required Expenditure Budget Balance Budget Explanation: See exhibits COMMITTEE, BOARD & COMMISSION REVIEW Council Committee Review: Approvals: Date: Chair/Councilmember Yes No Commission/Board Review: Hearing Examiner Review: Forward to: Councilmember Councilmember Consent Agenda: Yes No COUNCIL ACTION Workshop Date(s): 11/07/2017, 11/21/17 Public Hearing Date(s): 11/14/17 Meeting Date(s): 12/12/2017 Tabled to Date: APPROVALS Director: Cherie Gibson Mayor: Date Reviewed by City Attorney: (if applicable): standard N:\Everyone\_Agenda Review\2017\11-7 Workshop\AB17-97 Amendment for the Biennial budget.doc Version Oct Agenda Packet p. 3 of 60

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5 ORDINANCE NO. D17-97 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BONNEY LAKE, PIERCE COUNTY, WASHINGTON, ADOPTING THE MID-BIENNIAL BUDGET AMENDMENT FOR BUDGET YEARS 2017 AND WHEREAS, the City Council approved Ordinance No.1562 which adopted a biennial budget for fiscal years ; and WHEREAS, Ch. 35A.34 RCW provides procedures for adopting, managing, and amending a biennial budget; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BONNEY LAKE, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The biennial budget for the City of Bonney Lake for the period January 1, 2017 through December 31, 2018 as contained in the adopted Biennial Budget for total revenues/sources and expenditures/uses as approved by the City Council, is hereby amended to include Total Revenues and Expenditures for each fund as shown on the attached Exhibit A Biennium Budget Total including Fund Balance. Section 2. The changes to biennial expenditures as shown on the attached Exhibit B are hereby adopted. Section 3. The City Clerk is directed to transmit a certified copy of the City of Bonney Lake adopted Mid-Biennial Budget Amendment (Ordinance No and Exhibits A, and B ) to the Office of the State Auditor and to the Association of Washington Cities. Section 4. This ordinance concerning matters set out in RCW 35A , it is not subject to referendum, and shall take effect (5) days after its passage, approval and publication as required by law PASSED by the City Council of the City of Bonney Lake this day of December, AUTHENTICATED: Neil Johnson, Jr. Mayor Harwood T. Edvalson, City Clerk APPROVED AS TO FORM: Kathleen Haggard, City Attorney Page 1 of 1 Agenda Packet p. 5 of 60

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7 RECREATION PROGRAM SALARIES & WAGES 114, , CASUAL LABOR 28, , Sub-Total Salaries 142, , EMPLOYEE BENEFITS FICA & MEDICARE 12, , PENSIONS 16, , ICMA 1, , INDUSTRIAL INSURANCE 1, , HEALTH INSURANCE 22, , TAXABLE FRINGE BENEFITS DENTAL & VISION & EAP 4, , LIFE INS LONG TERM DISABILITY , UNEMPLOYMENT COMP PROGRAM , Sub-Total Benefits 59, , OPERATIONAL SUPPLIES 55, , COMPUTER HARDWARE/SOFTWARE 3, , Sub-Total Supplies 58, , OTHER PROFESSIONAL SERVICES 41, , Sub-Total Other Charges 41, , TOTAL RECREATION PROGRAM 301, ,225, REVENUE: PROGRAM FEES/CLASS REGISTRATION 16, BEFORE & AFTER SCHOOL FEES 1st GRADE 650, CAMPS-ACTION, BREAK 254, YOUTH CLASSES 272, ADULT CLASSES 14, SPONSORSHIPS 40, ,248, Agenda Packet p. 7 of 60

8 EXHIBIT "A" BUDGET AMENDMENT FUND TITLE REVENUES EXPENDITURES 001 General Fund 40,449,099 40,449, Drug Investigation Fund 57,525 57, Contingency Fund 1,154,809 1,154, Debt Service Fund 1,871,938 1,871, PWC Bond 3,565,230 3,565, Street CIP 6,532,216 6,532, Parks CIP 7,330,128 7,330, PWC CIP 24,000,000 24,000, General Govt CIP Fund 5,872,067 5,872, Water Fund 26,588,364 26,588, Sewer Fund 21,082,481 21,082, Stormwater Fund 6,508,678 6,508, ERR Fund 5,996,536 5,996,536 TOTAL $ 151,009,071 $ 151,009,071 Agenda Packet p. 8 of 60

9 EXHIBIT B Total Budget Budgeted Total GENERAL FUND (001) Budget Projected Exp. Budget Additional request Proj exp & carryover Ending Fund Request LEGISLATIVE 127, , , , , ,968 MUNICIPAL COURT/ PROB. 875, , ,538 1,777,201 1,797,434 1,797,434 EXECUTIVE 882, , ,648 1,591,743 1,754,867 1,754,867 FINANCE 1,349,929 1,140,023 1,355,658 2,495,681 2,705,587 2,705,587 LEGAL 466, , , , , ,816 INFORMATION SYSTEMS 532, , ,520 36,000 1,101,194 1,104,218 1,140,218 ADMINISTRATIVE SERVICES 503, , , ,976 1,039,915 1,039,915 HUMAN RESOURCES 192, , , , , ,567 POLICE 6,260,943 6,200,082 6,520,952 12,721,034 12,781,895 12,781,895 ENGINEERING/PW ADMIN 16,119 9,694 16,222 25,916 32,341 32,341 STREETS 1,350,999 1,247,009 1,466,500 2,713,509 2,817,499 2,817,499 SENIOR CENTER 415, , , , , ,788 COMMUNITY SERVICE 43,550 33,096 43,550 76,646 87,100 87,100 BEAUTIFICATION PROGRAM 11,200 11,985 11,200 23,185 22,400 22,400 COMMUNITY FOREST 33,722 25,242 34,280 59,522 68,002 68,002 COMMUNITY EVENTS 74,675 73,030 74, , , ,350 PLANNING & COMM. DEVELOP. 879, , ,509 1,747,120 1,812,177 1,812,177 FACILITIES 510, , ,372 1,018,937 1,015,698 1,015,698 RECREATION PROGRAM - 301,874-1,527, ,874-1,527,081 PARK FACILITIES 457, , , , , ,362 NON DEPARTMENTAL 2,610,240 2,607,558 1,521,750 1,000,000 4,129,308 4,131,990 5,131,990 - TOTAL GENERAL FUND 17,594,816 17,106,648 17,063,158 2,563,081 34,169,806 34,657,974 3,228,044 40,449,099 Department Additional request justification Recreation Program was brought inhouse Sept, 2017 without a budget for the remainder of the biennium. Program has offsetting revenues to support the expenditures. Information Systems Storage Nodes needed replaced in Non-Departmental Transfer out for the PWC payment for streets in *Note this is a biennial budget. As such some of the planned expenditures for 2017 may not happen until 2018 for some of the projects. All to be approved by City Administrator and Chief Financial Officer Agenda Packet p. 10 of 60

10 Total Budget Budgeted Total FUND Budget Projected Exp. Budget Additional request Proj exp & carryover Ending Fund Request DRUG INV. FUND (120) ,525 57,525 CONTINGENCY FUND (126) ,154,809 1,154,809 DEBT SERVICE FUND (202) 974, , ,150 1,833,550 1,833,550 38,388 1,871,938 PWC REV BONDS (210) 1,604,120-1,502,850 1,502,850 3,106, ,260 3,565,230 STREET CIP FUND (301) 4,703,452 3,276, ,312 3,594,942 5,021,764 1,510,452 6,532,216 PARKS CIP FUND (302) 995, ,000 1,920,000 2,450,000 2,660,000 2,915,000 1,965,128 7,330,128 PWC CIP FUND (303) 3,900, ,000 20,100,000 20,600,000 24,000,000-24,000,000 GEN GOVT CIP FUND (320) 4,206,100 4,778, , ,000 4,931,200 4,359, ,867 5,872,067 WATER FUND (401) 11,771,400 9,572,796 9,865, ,500 19,438,104 21,636,708 4,779,156 26,588,364 SEWER FUND (402) 8,131,650 8,579,317 7,943,770 1,636,000 16,523,087 16,075,420 3,371,061 21,082,481 STORM FUND (415) 2,557,465 1,962,049 2,357,672 50,000 4,319,721 4,915,137 1,543,541 6,508,678 EQUIP REPL FUND (501) 1,572,245 1,440,375 1,635,025 3,075,400 3,207,270 2,789,266 5,996,536 Fund Additional request justification PARK CIP Additional $450K for ROW, $500K ROW and $1.5M for grant GEN GOVT CIP Tidball Property purchase $600K, JMC keycard +10K, Reader board +10K, +30K VM matching funds WATER FUND SCADA +42.5K approved Res 2602; Flume Trestle Rehab +130K SEWER FUND SCADA +198K approved Res 2602 plus budgeted in 2016; Flume Trestle Rehab +130K, WWTF True up +$624K SEWER FUND Emergency repair +421K, Sewer Comp Plan +60K STORM FUND Rec'd NPDES Grant +50K *Note this is a biennial budget. As such some of the planned expenditures for 2017 may not happen until 2018 for some of the projects. All to be approved by City Administrator and Chief Financial Officer Agenda Packet p. 11 of 60

11 CITY COUNCIL WORKSHOP October 17, :00 P.M. DRAFT MINUTES Location: Bonney Lake Justice & Municipal Center, 9002 Main Street East, Bonney Lake, Washington. I. CALL TO ORDER: Mayor Neil Johnson, Jr. called the workshop to order at 6:00 p.m. II. ROLL CALL: Administrative Services Director/City Clerk Harwood Edvalson called the roll. In addition to Mayor Johnson, elected officials attending were Deputy Mayor Randy McKibbin, Councilmember Justin Evans, Councilmember Donn Lewis, Councilmember James Rackley, Councilmember Dan Swatman, and Councilmember Tom Watson. Staff members in attendance: City Administrator Don Morrison, Public Services Director John Vodopich, Police Chief Dana Powers, Finance Director Cherie Gibson, Administrative Services Director/City Clerk Harwood Edvalson, Human Resources Manager Jenna Richardson and Planning & Building Supervisor Jason Sullivan. III. AGENDA ITEMS: A. Re-order Agenda Deputy Mayor Randy McKibbin suggested the Council table agenda Item E (AB17-28), Item F (AB17-83 Resolution 2612) and Item G (AB Ordinance D17-108) to the next workshop. He also suggested the Council address the Review of Draft Minutes, Discussion/Action Item: AB Resolution 2619), and Discussion/Action Item: AB Resolution 2620 and the Speeches/Interviews of Council Candidates in that order. Councilmember Swatman moved to re-order the agenda as described. Councilmember Watson seconded the motion. Motion approved 6 0. B. Review of Draft Minutes: September 19, 2017 Workshop, September 26, 2017 Meeting, and October 10, 2017 Meeting. The meeting minutes were forwarded for adoption at the next regular Council meeting with corrections as submitted by Councilmembers Lewis and Watson. C. Discussion/Action: AB Resolution 2619 A Resolution Of The City Council Of The City Of Bonney Lake, Pierce County, Washington, Awarding A Limited Public Works Contract With MB Electric, LLC For The Electrical Installation Of The CAT Generator At Lift Station 17. Councilmember Watson moved to approve Resolution Councilmember Lewis seconded the motion. Agenda Packet p. 12 of 60 Page 1 of 4

12 City Council Workshop Draft Minutes October 17, 2017 Public Works Superintendent Ryan Johnstone provided a brief history regarding the acquisition of this equipment and explained the current scope of work. The Council had a brief discussion about the delay in corrective actions to use this equipment. Councilmember Lewis said the Community Development Committee had discussion, question and answer earlier today on this item. He said the Committee was satisfied with the explanations and proposed action. Councilmember Watson questioned the delay of several years for the installation of the equipment. Superintendent Johnstone replied the generator was purchased and only after receipt was it discovered the equipment was too large for then currently existing building. He thought the delay in action may have resulted in some slight increase in the cost of electrical work, but once the inadequacy of the building was discovered, the additional cost to install the generator on the exterior of the building was roughly the same then as now. He said he could not speak to the reason for delaying the outside installation of the generator as this occurred prior to his time of employment with the City. Motion approved 6 0. D. Discussion/Action: AB Resolution 2620 A Resolution Of The City Council Of The City Of Bonney Lake, Pierce County, Washington, Accepting The Sumner-Bonney Lake School District Annexation Petitions (Victor Falls Elementary School and Lake Ridge Middle School). Councilmember Lewis moved to approve Resolution Councilmember Rackley seconded the motion. Planning & Building Supervisor Jason Sullivan gave a brief background to this proposed action. Councilmember Lewis asked how long it would be before the annexation was complete. Supervisor Sullivan said it would January 2018 before the proposed annexations will have completed the process with the Boundary Review Board and return to the City Council for a public hearing. Councilmember Swatman asked why the school district had not initiated the action some years ago. Superintendent Sullivan said the district was unaware they could initiate these annexation petitions. Councilmember Swatman asked about the potential for further development of the properties, particularly Lakeridge Middle School. Superintendent Sullivan said the County had testified at earlier hearings they have no intention to develop the properties for other uses. He observed the properties would be brought into the City zoned for public facilities, and the Council would have to approve a zoning change. He noted the Lakeridge property also has other environmental constraints to further development. Motion approved 6 0. Page 2 of 4 Agenda Packet p. 13 of 60

13 City Council Workshop Draft Minutes October 17, 2017 IV. City Council Candidate Speeches/Interviews. Mayor Johnson turned the chairing of the meeting over to Deputy Mayor McKibbin, and left the selection process in the hands of the City Council. Deputy Mayor McKibbin invited the applicants to address the Council and respond to the Council s questions in the following order: Chris Bassett Jerimy Kirschner David Baus Gwendolyn Fullerton Chris Leyba James McClimans Grant Sulham Michelle Surdez William Zimmerman Rodrigo Yanez At the conclusion of the interviews and based on a prior conversation with City Attorney Kathleen Haggard, Deputy Mayor McKibbin summarized Council s options to move forward and make a decision at this Council meeting. City Attorney Haggard emphasized there could be no vote or even the semblance of a vote in the executive session where the candidates qualifications would be discussed. She described a process of holding the executive session, returning to the meeting and opening the floor for nominations. V. EXECUTIVE/CLOSED SESSION: Pursuant to RCW (1)h, Deputy Mayor McKibbin announced an executive session to last for 15 minutes with action to follow. The session commenced at 8:43 p.m. and concluded at 8:55 p.m. VI. SELECTION AND APPOINTMENT OF CANDIDATE TO COUNCIL VACANCY. City Attorney Haggard reviewed with Council the proposed method of selecting a Councilmember. She said there would be a call for nominations. At the conclusion of the nominations, the Councilmembers would vote sequentially for their choice, and if one single candidate receives four votes, the decision will be made. Deputy Mayor McKibbin nominated David Baus. Councilmember Watson nominated Michelle Surdez. The Council voted individually and in sequence. Michelle Surdez received the first four votes concluding the Council selection process resulting in the appointment of Ms. Surdez to the Council vacancy. Councilmember Swatman thanked all who participated in the process and praised the candidates for their effort and qualifications. Councilmember Lewis strongly encouraged Agenda Packet p. 14 of 60 Page 3 of 4

14 City Council Workshop Draft Minutes October 17, 2017 each of the candidates to consider running for office in the next election. He said it appeared they were all viable candidates. Deputy Mayor McKibbin also encouraged their application to participate on one of the City s commissions. VII. ADJOURNMENT At 9:00 p.m. the Workshop was adjourned by Deputy Mayor McKibbin with the common consent of the Council. Harwood Edvalson, MMC City Clerk Neil Johnson, Jr. Mayor Items presented to Council at the October 17, 2017 Workshop: None. Page 4 of 4 Agenda Packet p. 15 of 60

15 CITY COUNCIL MEETING October 24, :00 P.M. Draft Minutes Location: Bonney Lake Justice & Municipal Center, 9002 Main Street East, Bonney Lake, Washington. A. CALL TO ORDER Mayor Neil Johnson, Jr. called the Meeting to order at 6:00 p.m. B. Flag Salute Mayor Johnson led the audience in the Pledge of Allegiance. Roll Call: Administrative Services Director/City Clerk Harwood Edvalson called the roll. In addition to Mayor Johnson, elected officials attending were Deputy Mayor Randy McKibbin, Councilmember Justin Evans, Councilmember Donn Lewis, Councilmember James Rackley, Councilmember Dan Swatman, and Councilmember Tom Watson. Staff members in attendance were City Administrator Don Morrison, Administrative Services Director/City Clerk Harwood Edvalson, Police Chief Dana Powers, Public Services Director John Vodopich, Human Resources Manager Jenna Richardson and City Attorney Kathleen Haggard. C. Agenda Modifications D. Announcements, Appointments and Presentations: 1. Announcements: None. 2. Appointments: a. Oath of Office: City Clerk Harwood Edvalson administered the Oath of Office to newly appointed Councilmember Michelle Surdez. Councilmember Surdez took her seat on the Council dais. 3. Presentations: a. Proclamation: Domestic Violence Awareness Month October Tonya Tunnell-Thornhill thanked Mayor Johnson for the proclamation and the continued support of the City of Bonney Lake. She described some of the services provided by the Exodus House program. She noted they would have a Christmas drive and welcomed audience participation in this and other fund-raising and collection drives. Agenda Packet p. 16 of 60 Page 1 of 5

16 City Council Agenda October 24, 2017 b. Presentation: Pierce County Library Strategic Plan Georgia Lomax, Executive Director. Ms. Lomax described the Library District s work on their 2017 community initiatives, which are building a reading community; supporting patron growth and curiosity; strengthening core services; and development of business processes and operations to most effectively use taxpayers investment. She expressed appreciation for the community partnership with the City of Bonney Lake. Councilmembers Evans and Rackley individually expressed their appreciation for the services provided by the local Bonney Lake Library and praised the library staff for their excellent work. I. PUBLIC HEARINGS, CITIZEN COMMENTS & CORRESPONDENCE: A. Public Hearing: None. B. Citizen Comments: Russ Hicks, th Avenue E, spoke about his water bill. He said he lives alone with his young son. Their last utility bill was for $427. He said he had received a leak notice which was checked out and determined there was no leak. He urged the Council to suspend all payments due until the City s investigation is done. He also expressed his opinion that new development should pay for itself. He added it is not fair to pass even a portion of the cost of new commercial development on to the citizen consumers. Mr. Hicks also asked if the Council had taken a position or authored an objection letter to the increases associated with ST3. Mayor Johnson said his office let Sound Transit officials know the problems associated with the steep transit increases. Sharon Hodgins, spoke as a member of the Friends of the Library. She said Bonney Lake is lucky to have friends that mostly support our local library and its activities. She said the goal is to build a new library. She noted that the current library is undersized for the services sought by the community. She also noted the lack of parking for library patrons on days when court is held in the Justice & Municipal Center. Mayor Johnson said the City is engaged with the library district in exploring possibilities for a new building. Warren Lee, th St. Avenue Ct. E, moved into Bonney Lake in April. He thanked Ms. Lomax and the libraries and noted that in his work it is known that the street and homeless kids are most often educated through the library system. He Page 2 of 5 Agenda Packet p. 17 of 60

17 City Council Agenda October 24, 2017 then addressed his water bill. He said he and his wife consumed 52,940 gals of water in two months. He said he has no pool, no hot tub or fountain features. He believes the problem appears to be the meter reads regarding consumption. He said he represents 170 homeowners in Lakeland Hills. He reported a year ago in April there was the same type of spike with a 250% increase in consumption. Mr. Lee also addressed the upcoming advisory vote regarding commercial marijuana. He said in his professional position with the courts, he has seen the disruption that will come to Bonney Lake from allowing commercial marijuana sales. He added that the revenues to the City from one shop will not cover the negative impacts to the City. He gave his professional observation that marijuana is a gateway drug to the less expensive drugs associated with more serious drug abuse. He urged the Council to seriously consider the issue. Gunther Ries, st Avenue E, spoke regarding residential storm water utility fees. He said he has observed two storm water ponds in his neighborhood. One is still open, but is overgrown with bushes and blackberries, yet has 2 ft. of water from recent rains. He asked if the City maintains this pond. Mayor Johnson said it could be a private storm water pond. Mr. Ries said he would like information regarding how many people work in the storm water utility. He said he has noticed that water and sewer have recently become more expensive. He said some customers do not understand the charges. He is concerned the rising rates will drive him from his home which he has occupied since Cindy Gilsing, 184 th Avenue E, expressed her concerns with consumption impacts on water bills. She said many customers are not aware that there are others feeling the same impacts. She asked if the City issued a letter to ratepayers to make them aware of the current issues. She asserted this is a situation that has occurred across the country, and it may have to do with the Neptune radio-read meters. She said she is aware the City is looking into the issues. However, she feels families do not have the money to pay the extra bills. She asked the City to suspend the collection of excessive portions of the bills until the accounts can be studied and reconciled. Mayor Johnson said the City is indeed studying the situation. He said that within the parameters of the municipal code, individuals can make a payment plan through the Finance Department until the issues are resolved. He said the analysis of accounts is truly complicated. Ron Walker, th Avenue E, said he is a director of the Panorama West HOA. He said he has lived in the City since He said the water costs were pretty even until the last year or two. He said he s observed that when the water pressure goes up, the consumption also seems to go up. He said all his utility bills went down while away on a recent vacation except water. He also asked if the City has a plan to deal with wildland fires. Administrative Services Director Edvalson said the City relies on plans from East Pierce Fire & Rescue to address wildland fires. He said based on their experience Agenda Packet p. 18 of 60 Page 3 of 5

18 City Council Agenda October 24, 2017 last year in Panorama West they are well aware of the issues facing the City. Councilmember Watson invited Mr. Walker to attend the Public Safety Committee meetings to discuss this issue with City and Fire District representatives. Mary Sullivan, Church Lake Drive E, addressed the high water bills. She thanked the Public Works Department for agreeing to download the water consumption readings for last 90 days to study the radio-read meter information. She said she understands the City will then look at the manual read meters starting November 1. She urged the comparison of data from the end of November to data from earlier this summer to compare seasonal effects to analyze trends over the past three years. She said she will send a request to city leaders. She also suggested the City s CFO could be looking at data to see if a credit is building in the utility accounts resulting from the apparent over-billing of citizens. She urged the City to protect the citizens by not placing itself in a position to not be able to reimburse the residents if investigations show that reimbursements are due. She hopes this investigation will not drag on for years and asks for a speedy resolution. She asked that a full-time leader be appointed who is a thinker and can mobilize the necessary resources to resolve these issues quickly. She hopes to be able to maintain her residence without being forced out due to utility rates. C. Correspondence: None. II. COUNCIL COMMITTEE REPORTS: A. Finance Committee: Deputy Mayor McKibbin said the Committee met at 5 p.m. earlier in the evening and discussed the following issues: (1) Public Works Facility financing allocations, (2) an Interlocal agreement with the Chamber Collective and (3) an employment agreement extension for the City administrator. B. Community Development Committee: Councilmember Donn Lewis, Chair of the Committee, said the Committee will hold its next meeting on November 7 th at 4:30 p.m. C. Public Safety Committee: Councilmember Watson, Chair of the Committee, said the Committee held its meeting at 3:30 p.m. today. He said they discussed the Police Department year-end report and a new monthly report format. He said they also reviewed the animal services report. East Pierce Fire and Rescue was not represented at the meeting. The Committee discussed BLMC Chapter 8.12 regarding nuisance vehicles and what the Police Department can and cannot do. D. Other Reports: None. III. CONSENT AGENDA: A. Approval of Minutes: September 19, 2017 Workshop, September 26, 2017 Meeting, and October 10, 2017 Meeting. Page 4 of 5 Agenda Packet p. 19 of 60

19 City Council Agenda October 24, 2017 B. Approval of Accounts Payable and Utility Refund Checks/Vouchers: Accounts Payable check/vouchers #77520-#77549 in the amount of $161, Accounts Payable check/vouchers #77550-#77609 (including wire transfers # , # , # , # , # , # , # , # , # , # and # ) in the amount of $904, Accounts Payable wire transfer # in the amount of $38, for P-Card Purchases. VOIDS: Check # Reissued with Check # C. Approval of Payroll: October 1st-15th 2017 for checks # including Direct Deposits and Electronic Transfers is $ 572, Councilmember Watson moved the approval of the Consent Agenda. Councilmember Rackley seconded the motion. Motion approved 7 0. IV. FINANCE COMMITTEE ISSUES: None. V. COMMUNITY DEVELOPMENT COMMITTEE ISSUES: None. VI. PUBLIC SAFETY COMMITTEE ISSUES: None. VII. FULL COUNCIL ISSUES: None VIII. EXECUTIVE/CLOSED SESSION: None. IX. ADJOURNMENT: At 6:58 p.m. the meeting was adjourned by Mayor Johnson with the common consent of the City Council. Harwood Edvalson, MMC City Clerk Neil Johnson, Jr. Mayor Items presented to Council at the September 19, 2017 Workshop: None. Agenda Packet p. 20 of 60 Page 5 of 5

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21 City of Bonney Lake, Washington City Council Agenda Bill (AB) Department/Staff Contact: Public Services Department Jason Sullivan Planning & Building Supervisor Agenda Item Type: Discussion Agenda Subject: Sign Code Update Meeting/Workshop Date: November 7, 2017 Ordinance/Resolution Number: D17-28 Agenda Bill Number: AB17-28 Councilmember Sponsor: Donn Lewis Full Title/Motion: An Ordinance of the City of Bonney Lake, Washington, repealing and re-adopting Chapter Of The Bonney Lake Municipal Code relating to the regulation of signs. Administrative Recommendation: Approve Background Summary: The Planning Commission s adopted work plan and the Implementation Element (Chapter 9) of Bonney Lake 2035 direct that the City review its sign code. The purpose of this review is to recommend changes to improve the code and ensure consistency with any changes in state law. Additionally, On June 18, 2015, Supreme Court of the United States (SCOTUS) handed down a decision in the case of Reed v. Town of Gilbert. In the wake of SCOTUS s ruling, local jurisdictions have been advised to avoid any possible infringement on free speech by removing regulations that require the jurisdiction to read the message displayed on a sign to determine how to regulate the sign. Attachments: Ordinance D17-28, Planning Commission Recommendation, Briefing Memo, and Commerce Notice BUDGET INFORMATION Budget Amount Current Balance Required Expenditure Budget Balance Budget Explanation: Council Committee Review: COMMITTEE, BOARD & COMMISSION REVIEW Date: Approvals: Yes No Chair/Councilmember Councilmember Councilmember Forward to: Consent Agenda: Yes No Commission/Board Review: Planning Commission September 20, 2017 Hearing Examiner Review: Workshop Date(s): Meeting Date(s): 10/17/2017 COUNCIL ACTION Public Hearing Date(s): Tabled to Date: 11/07/2017 Director: John P. Vodopich, AICP Mayor: APPROVALS Date Reviewed by City Attorney: (if applicable): Agenda Packet p. 21 of 60

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23 ORDINANCE NO. D17-28 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BONNEY LAKE, PIERCE COUNTY, WASHINGTON, REPEALING AND RE- ADOPTING CHAPTER OF THE BONNEY LAKE MUNICIPAL CODE RELATING TO THE REGULATION OF SIGNS. WHEREAS, on June 18, 2015, Supreme Court of the United States (SCOTUS) handed down a decision in the case of Reed v. Town of Gilbert; and WHEREAS, the primary takeaway of the Reed case is that if a local government is required to read the message displayed on the sign to determine how to regulate the sign, then that sign regulation is a content-based regulation, which likely violates the First Amendment of the United States Constitution; and WHEREAS, the City s current sign code, which was originally adopted in 1989 pursuant to Ordinance 614 and significantly updated in 2001, contains numerous content based regulations; and WHEREAS, effective regulation of the signs is a crucial element in the orderly development of the City, and one way in which the community helps ensure that future development patterns align with the adopted vision found in Bonney Lake 2035; and WHEREAS, by updating to the sign code, the City can better implement the community vision of Bonney Lake 2035 and more efficiently serve the public and development needs of the community; and WHEREAS, on September 20, 2017, the City of Bonney Lake Planning Commission held a public hearing to consider the amendments to the City s development regulations contained in this Ordinance, as required by BLMC ; and WHEREAS, the City complied with all applicable notice, timing and comment provisions in scheduling and carrying out the above-referenced hearing; and WHEREAS, at the above-referenced hearing, the City of Bonney Lake Planning Commission determined that the amendments to the City s development code contained in this Ordinance are consistent with Bonney Lake 2035, other BLMC development regulations, and with the laws of the State of Washington; and WHEREAS, on August 23, 2017 the Public Services Director acting as the SEPA Responsible Official and the SEPA Official determined that the proposed amendment was categorically exempt from review under SEPA pursuant WAC (19)(b); and WHEREAS, pursuant to RCW 36.70A.106(3)(b) the City requested expedited review of this Ordinance from the Department of Commerce. The Department of Commerce review period concluded on September 11, Page 1 of 16 Agenda Packet p. 23 of 60

24 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BONNEY LAKE, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Repealer. The previously codified provisions of Chapter BLMC and the corresponding portions of Ordinance No. 614, , Ordinance No , Ordinance No , Ordinance No , Ordinance No , Ordinance No , Ordinance No , Ordinance No , Ordinance No , Ordinance No , Ordinance No are each repealed. Section 2. Sign Code. Chapter BLMC is readopted and shall be entitled Sign Code to read as follows: Purpose. The purpose of this chapter is to: A. Enhance and maintain the aesthetic character of the City, and promote the public health, safety, and general welfare; B. Reduce visual distractions that may adversely impact traffic and pedestrian safety; C. Avoid visual clutter that may be adverse to property values, business opportunities and the city s appearance; D. Prevent and abate public nuisances; and E. Control the construction, location, use and maintenance of all signs and sign structures in a content-neutral manner Definitions. For the purposes of Chapter BLMC Sign Code, the following terms shall have the meaning ascribed to them below: Abandoned sign means a sign which no longer identifies or advertises a bona fide business, lessor, service, owner, product, or activity, and/or for which no legal owner can be found. Air-activated graphics means a sign, all or any part of, which is designed to be moved by action of forced air so as to make the sign appear to be animated or otherwise have motion. Ambient light means surrounding or environmental light that is everywhere equally intense and has no directionality. Animated sign means any sign depicting action, motion, light, or color changes through electrical or mechanical means. Agenda Packet p. 24 of 60 Page 2 of 16

25 Awning means a shelter projecting from and supported by the exterior wall of a building, constructed of non-rigid materials on a supporting framework (compare marquee ). Awning sign means a sign painted on, printed on, or attached flat against the surface of an awning. Balloon Signs means a sign that is an air-inflated object, which may be of various shapes, made of flexible fabric equipped with a portable blower motor that provides a constant flow of air and is restrained in place with a cord, rope, or cable. Banner sign means a sign made of fabric or any non-rigid material. Blade Sign means a temporary sign constructed of cloth, canvas, plastic fabric, or similar light-weight, non-rigid material and supported by a single vertical pole. Blade Signs are also referred to as Feather Banners or Teardrop Signs. Changeable copy sign (automatic) means a sign on which the copy changes automatically on a lamp-bank or through mechanical means, e.g., electrical or electronic time and temperature units. Copy means the graphic content or message of a sign. Digital sign means a changeable copy sign that uses a matrix of illumination elements, such as light emitting diodes (LED), liquid crystal display (LCD), plasma display, individual light bulbs, or other digital or analog electronic media to display or project copy which can be modified by electronic processes. Directory Sign means a monument sign that identifies two or more tenants located within a multiple-building complex or multi-tenant building. Electronic message center means an electronically activated sign whose message content which, contains words, symbols, figures, and/or images and may be changed by means of electronic programming. Facade means the entire building front including the parapet. Face of sign means the area of a sign on which the copy is placed. Festoon means a string of ribbons, tinsel, flags, or pinwheels. Flashing sign means a sign which contains an intermittent or sequential flashing light source used primarily to attract attention. Does not include changeable copy signs, animated signs, or signs which, through reflection or other means, create an illusion of flashing or intermittent light (compare animated sign, changeable copy sign ). Frontage means the length of the property line of any one premises along a public right-of-way on which it borders. Page 3 of 16 Agenda Packet p. 25 of 60

26 Frontage, building means where the main entrance is located on a facade which is visible from a public or private street, parking lot, or highway. Government sign means any temporary or permanent sign erected and maintained by the city, county, state, or federal government for traffic direction; official public notices such as notice of land use action signs or signs relating to an emergency; or for direction to any school, hospital, historical site, or public service, property, or facility. Height (of a sign) means the vertical distance from the highest point of the sign, excluding decorative embellishments, to the grade of the adjacent street or the surface grade beneath the sign, whichever is less (compare clearance ). Interactive sign means an electronic or animated sign that reacts to the behavior or electronic signals of drivers. Maintenance means the cleaning, painting, minor repair, or replacement of defective parts of a sign in a manner that does not alter the basic copy, design, or structure of the sign. Marquee means a permanent structure attached to, supported by, and projecting from a building and providing protection from the weather elements, but does not include a projection of the roof of the building. For the purposes of this chapter, a freestanding permanent roof-like structure providing protection from the elements, such as a service station gas pump island, shall also be considered a marquee. Marquee sign means any sign which forms part of or is integrated into a marquee and or is attached to a marquee. Message, pertaining to electronic signs, means a text message, image, or combination thereof meant to be comprehended as a whole by the viewer. Each sentence or simple concept shall be deemed a separate message. A message can either be a static display or a display which, not fitting onto the screen all at once, is broken into parts which appear sequentially, appearing on or scrolling across the screen. Electronic signs are capable of changeable messages. Monument sign a ground-mounted sign which is attached to the ground by means of a wide base of solid appearance. Multiple-building complex means a group of structures housing at least one retail business, office, commercial venture or independent or separate part of a business which shares the same lot, access and/or parking facilities. Multiple-tenant building means a single structure housing more than one retail business, office or commercial venture but not including residential apartment buildings. Nit means a luminance unit equal to one candle per square meter measured perpendicular to the rays from the source. Agenda Packet p. 26 of 60 Page 4 of 16

27 Off-premises sign means a sign structure advertising an establishment, merchandise, service or entertainment, which is not sold, produced, manufactured, or furnished at the property on which said sign is located, e.g., billboards or outdoor advertising. On-premises sign means a sign which pertains to the use of the premises on which it is located. Owner means a person recorded as such on official records. For the purposes of this chapter, the owner of property on which a sign is located is presumed to be the owner of the sign unless facts to the contrary are officially recorded or otherwise brought to the attention of the administrator, e.g., a sign leased from a sign company. Parapet means the extension of a false front or wall above a roofline. Party means any individual, corporation, association, firm, partnership, or other legal entity. Permanent sign means a sign that is made of durable materials such as metal, heavy plastic, concrete, or wood, or a sign painted on a structure, which is intended for longterm or indefinite use, including but not limited to monument, projecting, and wall signs. Point of purchase display means advertising of a retail item, accompanying its display, e.g., an advertisement on a product dispenser. Pole sign means a permanent sign mounted on a pole or pole-type structure. Projecting sign means a sign, other than a wall sign, which is attached to and projects from a building wall or other structure not specifically designed to support the sign. Readerboard means a sign face, illuminated or nonilluminated, which is designed to hold readily changeable sign graphics allowing frequent changes of copy. Roof sign means any sign erected over the roofline or on the roof of a building. Roofline means the top edge of a roof or building parapet, whichever is higher, excluding any cupolas, pylons, chimneys, or minor projections. Sandwich board sign means a temporary sign consisting of two sign faces hinged at the top and separated at the bottom to make it self-standing. Searchlight means an apparatus containing a light and reflector on a swivel, for projecting a strong, far-reaching beam in any direction. Sign means any medium, including structural and component parts, that is used or intended to be used to attract attention to the subject matter for advertising, identification, or informative purposes. The scope of the term sign does not depend on the content of the message or image conveyed. Page 5 of 16 Agenda Packet p. 27 of 60

28 Sign, Area of means for: Projecting and monument signs, the entire area of a sign, on which graphics, letters, figures, symbols, trademarks and/or written copy is to be placed, excluding sign structure, architectural embellishments, and framework. Sign area is calculated by measuring the perimeter enclosing the extreme limits of the module or sign face containing the graphics, letters, figures, symbols, trademarks, and/or written copy. Wall, canopy, or awning signs, the area within a single, continuous perimeter composed of any straight line geometric figure which encloses the extreme limits of the advertising message; provided, however, that individual letters, numbers, or symbols using a wall, canopy, or awning as background have sign area calculated by measuring the perimeter enclosing each letter, number, or symbol. Temporary sign means a sign designed for short term uses that is moveable and not permanently affixed to the ground or to a structure or building. Under-canopy sign means a sign suspended beneath a canopy, ceiling, roof, or marquee. Yard Sign means temporary sign made of plastic that is attached to the ground wire or wooden stakes. Video means a high-resolution, high-frames-per-second motion picture display. Wall sign means a sign attached parallel to and extending not more than 12 inches from the wall of a building. This definition includes painted, individual letter, and cabinet signs. Window sign means a sign installed inside a window and intended to be viewed from the outside General Provisions A. It is unlawful for any party to install, replace, or maintain a sign in the city except in accordance with the provisions of this Chapter. B. All signs shall be properly maintained. Exposed surfaces shall be clean and painted if paint is required. Defective parts shall be replaced. The Director shall have the right under this chapter to order the repair or removal of any sign which is defective, damaged, deemed a safety hazard, or is substantially deteriorated C. Permits shall be required for the installation or construction of all permanent signs. Permits are not required for the maintenance of any sign for which a permit has previously been obtained pursuant to this Chapter. Permits are not required for a change of copy on painted, printed, or changeable copy signs. Agenda Packet p. 28 of 60 Page 6 of 16

29 D. To obtain a permit required under this chapter, an application must submit using forms provided by the Director, which shall identified all materials necessary to constitute a complete application. E. Sign permit applications shall be reviewed by the Director for consistency with the standards of this Chapter, according to sign type and all other applicable regulations. F. No party may engage in the business of erecting, altering, relocating, constructing, or repairing permanent signs without a valid contractor s license and all required city, state and federal licenses. G. Any party installing, altering, or relocating a sign for which a permit has been issued shall notify the City upon completion of the work Exemptions. The following are not regulated by this Chapter: A. Official traffic or government signs; B. Signs not visible from a public right-of-way; C. Window displays and window signs readable only within a distance of eight (8) feet; D. Product dispensers and point of purchase displays; E. Score boards on athletic fields; F. Commemorative plaques; and G. The display of street addresses numbers, street names, and nameplates identifying the occupant of a residence or business office that do not exceed two (2) square feet in area per face Prohibited Signs. The following types of signs are prohibited in all zoning districts identified in BLMC : A. Abandoned signs, blade signs, search lights, air-activated graphics, balloon signs, animated signs, pennants, flashing signs, and festoons; B. Signs imitating or resembling official traffic or government signs or signals; C. Signs attached to trees, utility poles, public benches, or light standards; D. Signs placed on private property or property frontage without permission of the adjacent property owner; Page 7 of 16 Agenda Packet p. 29 of 60

30 E. Signs placed on any public property; except for temporary signs in the public rightof-way as allowed BLMC ; F. Signs placed on vehicles or trailers which are parked or located for the primary purpose of displaying said sign (this does not apply to signs or lettering on buses, taxis, or vehicles operating during the normal course of business); G. Signs creating a risk to the safety of, or impeding the flow of, non-motorized travel including foot traffic and bicycles; H. All portable and semi-portable readerboard signs; I. All signs placed within the median of the SR 410 right-of-way; J. All permanent off-premises signs; K. Any sign which constitutes a traffic hazard or detriment to traffic safety by reason of its size, location, movement, coloring, or method of illumination, or by obstructing the vision of drivers, or detracting from the visibility of any official traffic control device by diverting or tending to divert the attention of drivers of moving vehicles from traffic movement on streets, roads, intersections, or access facilities. No sign shall be erected so that it obstructs the vision of pedestrians by glare or method of illumination or 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 traffic; L. Signs which are structurally, materially or electrically defective, or which do not structurally or materially conform to the requirements of the city s adopted International Building Code, or which endanger the public; M. Interactive signs, other than those used for public safety as determined by the Director; N. Signs that impede free ingress or egress from any door, window or exit required by building and fire regulations; and O. All pole-mounted signs Temporary Signs Temporary signs shall comply with the following provisions: A. The maximum size of a temporary signs shall be sixteen (16) square feet. B. Temporary signs shall be made of weather-resistant materials and shall be firmly anchored to the ground or structure or able to stand freely without toppling or blowing over. Signs and parts of signs that are blown or carried away from their intended location may be collected and dispose of as litter. Agenda Packet p. 30 of 60 Page 8 of 16

31 C. Temporary signs shall be maintained in good repair. D. Temporary signs associated with a temporary use permit or special event shall be removed within forty-eight (48) hours of the conclusion of the event or use with which they are associated. E. Sandwich board and other temporary signs associated with businesses shall be taken out of view during non-business hours. F. Temporary signs shall not be used as the only sign advertising an on-premises commercial, office, or retail use for longer than sixty (60) consecutive days. After that time, a permanent sign shall be required. G. Temporary signs placed alongside public rights-of-way must be set back a minimum of ten (10) feet from the paved edge of the street for safety, provided that the distance may be reduced to five feet if a vertical curb separates the frontage from the paved portion of the right-of-way. H. No more than four (4) temporary signs are allowed per parcel or parcel frontage. I. Temporary signs shall not be placed in such a manner as to harm immature or newlyplanted landscaping. J. Temporary signs placed on public property or public right-of-way in violation of this Chapter are subject to removal by the city Signs in Residential Districts. Signs are allowed as follows in the residential zoning districts identified in BLMC A: A. Temporary signs in accordance with this Chapter. B. One permanent, non-internally illuminated sign per neighborhood, subdivision, development, apartment, or condominium complex per main entrance not to exceed thirty-two (32) square feet in sign area per face and six feet in height. Such sign may be indirectly lighted. C. Non-residential uses may have one monument or one wall sign for each street frontage. A monument or wall sign shall not exceed thirty-two (32) square feet per face in area and shall not exceed six (6) feet in height. D. Home occupations, authorized under BLMC may have the following signage: 1. One unlighted sandwich board sign not over eight (8) square feet in area counting both sign faces, with permanent letters. The sign shall be placed on the ground and on the premises. The sign shall not be located within the public right- Page 9 of 16 Agenda Packet p. 31 of 60

32 of-way nor attached to any structure, and shall be removed from sight during non-business hours. 2. In lieu of the sandwich board, one unlighted sign four square feet in size or smaller attached to a fence. The sign shall not extend above the maximum height allowed for the fence. The sign shall not be made of plywood, fabric, or banner material. E. Illuminated and electronic message centers are prohibited Signs in Public Facility Districts. Signs are allowed as follows in the public facilities district identified in BLMC C: A. Temporary signs in accordance with this Chapter; B. Schools and government buildings may have one monument or one wall sign for each street frontage. A monument or wall sign shall not exceed thirty-two (32) square feet per face in area and shall not exceed ten feet in height. Monument signs may feature an electronic message center consistent with the requirements of BLMC J Signs in Commercial Districts. Signs are allowed as follows in the commercial districts identified in BLMC B: A. Temporary signs that comply with the provisions of this Chapter. B. The total combined area of all permanent signs including monument, wall, projecting, marquee, canopy, and under-canopy sign(s) per business establishment shall not to exceed one and one-half (1.5) square feet for each linear foot of building frontage up to a maximum of 150 square feet. C. The total sign area allowed in BLMC B may be increased by twenty-five percent (25%) if the business uses only wall, marquee canopy, under-canopy, and marque signs. Digital signs are not included and do not qualify for the increase in allowed sign area. D. A multi-tenant building shall be allowed one additional sign to identifying the name of the building up to fifty (50) square feet or five percent (5%) of the building s primary façade, whichever is less. E. Wall and projecting signs shall conform to the following requirements 1. Wall and projecting signs shall be designed and located appropriate to the building s architecture. Agenda Packet p. 32 of 60 Page 10 of 16

33 2. Wall and projecting signs shall not extend above the roofline, soffit, the eave line or the roof of the building, or the window sill of the second story. 3. Internally illuminated signs shall be constructed using individual letters/characters, or sign cabinets with an opaque field or background so that only the individual letters/characters are illuminated. 4. Projecting signs shall project no more than four (4) from the building façade and shall maintain a minimum clearance of eight (8) feet between the walkway and the bottom of the sign. 5. Projecting signs shall not extend into the public right-of-way. F. Marquee and Awning signs shall comply with the following requirements: 1. Marquee signs shall not exceed three (3) feet in height and extend no more than fifty (50%) of the width of the applicable storefront. 2. Awning sign area shall not exceed one (1) foot in height and cover more than sixty-five percent (65%) of its vertical face. 3. Marquee signs may be placed on the front, above, or below the marquee/canopy. 4. Signs shall not be placed on the sloping portion of an awning. 5. Marquee and awnings signs shall maintain a minimum clearance of eight (8) feet between the walkway and the bottom of the marquee or awning. G. Under-Canopy Signs and Marquee Signs shall maintain a minimum clearance of eight (8) feet between the walkway and the bottom of the sign. H. Monument signs shall conform to the requirements below: 1. Signs shall have a setback of ten (10) feet of the SR 410 right-of-way. Signs shall have a setback of five (5) feet from all other rights-of-way and be subject to required sight distance criteria. 2. Monument signs shall include design elements that effectively frame the sign on both sides. Alternatively, signs that have a substantial framing element on one side, which is architecturally tied to the base of the sign, shall meet this provision. 3. Monument signs shall include durable high quality materials and a design that relates to and/or complements the design of on-site buildings and/or is coordinated with other site design elements. 4. Monument signs shall integrate a top, middle, and bottom element as provided below: Page 11 of 16 Agenda Packet p. 33 of 60

34 a. The top shall include a distinctive sign cap and/or the name of a multi-tenant complex or multi-tenant building. b. The middle shall consistent framing technique for an individual sign or multiple signs in a multi-tenant complex or multi-tenant building c. The bottom shall include a distinctive solid base consisting of brick, stucco, stonework, textured wood, tile, or textured concrete that is at least as wide as portion of the sign containing the advertising message or name of the complex or building 5. Maximum height for monument signs shall conform to the requirements below: a. Forty-two (42) inches for individual buildings, multi-tenant buildings, and multi-building complexes located adjacent to primary or secondary multimodal streets. b. Ten (10) feet for individual buildings, multi-tenant buildings, and multibuilding complexes located adjacent to collectors and commercial services roads. c. Twenty (20) feet for individual buildings, multi-tenant buildings, and multibuilding complexes located adjacent to principal and minor arterials. 6. The minimum lettering height shall be two (2) feet, if the sign is adjacent to SR Landscaping shall be provide around the base at a minimum of one (1) square foot of landscaping for each square foot of sign area consistent with the following requirements: a. The landscaping and sign base shall be protected from vehicles by a vertical curb at least three feet from the sign base. b. Landscaping shall be installed in the planting season closest to the issuance of the sign permit. Signs installed after the planting season shall be landscaped no later than the following planting season. c. Landscaping shall include a combination of ground cover and shrubs. d. Plant material shall be consistent with BLMC Monument signs shall be placed: a. 150 feet apart if the speed limit on the adjacent street is less than thirty-five (35) miles per hour (MPH); or Agenda Packet p. 34 of 60 Page 12 of 16

35 b. 200 feet apart if the speed limit on the adjacent street is thirty-five (35) miles per hour (MPH) or greater; or I. Directory Signs shall comply with the following requirements: 1. Each multi-tenant building or multi-building complex shall be permitted one directory sign not to exceed 100 square feet in addition to the signage allowed in BLMC B. 2. Tenants in a multi-tenant building or multi-building complex that have a sign on the Directory Sign shall not have an individual monument sign. 3. Multi-tenant building or multi-building complex with total frontage of more than 300 feet shall be allowed one additional fifty (50) square foot Directory Sign for each 300 feet of frontage. 4. Directory signs shall comply with the monument sign requirements in BLMC H J. Digital Signs shall comply with the following requirements: 1. The square foot of the digital sign shall be limited to forty-five (45) square feet. 2. A single message or a message segment must have a static display time of at least two seconds with all segments of the total message to be displayed within ten (10) seconds. A one-segment message may remain static on the reader board or message center with no duration limit 3. Displays may travel horizontally or vertically but must hold in a static position for two seconds after completing the travel or scroll. 4. Displays shall not appear to flash, undulate, or pulse, or portray explosions, fireworks, flashes of light, blinking, chasing lights, not appear to move toward or away from the viewer, expand or contract, bounce, rotate, spin, twist. 5. Displaying videos is prohibited. 6. Digital Signs shall not be located within 200 feet measured in any direction from a residential zoning district identified in BLMC A. 7. Only a multi-tenant building or multi-building complex are allowed to have Digital Signs. 8. Within a multi-tenant building or multi-building complex, if an individual tenant already has an Digital Sign, the multi-tenant building or multi-building complex shall not be allowed to have Digital Sign until the existing Digital Sign is removed. Page 13 of 16 Agenda Packet p. 35 of 60

36 9. Maximum brightness levels for Digital Sign shall not exceed 5,000 nits when measured from the sign face at its maximum brightness, during daylight hours, and 500 nits when measured from the sign face at its maximum brightness between sunset and sunrise. 10. Digital Sign shall include an ambient light meter and programmable or manual dimming capacity Lighting. Unless otherwise specified by this chapter, all signs may be illuminated subject to the following requirements: A. No sign may utilize: 1. An exposed incandescent lamp with an external reflector and without a sunscreen or comparable diffusion; 2. Any exposed incandescent lamp in excess of twenty-five (25) watts; 3. Any revolving beacon light; 4. Any spot or flood light system directed toward or shining on vehicular or pedestrian traffic on a street, or adversely affecting surrounding premises or residential structures; 5. Any continuous or sequential flashing operation. B. The total sign area allowed in BLMC B may be increased by ten percent (10%) if all of the signs on the site do not include internal lighting but instead are lit externally with Dark Sky compliant lighting Comprehensive Sign Permit. The requirements and restrictions of this chapter may be modified by the Director when an applicant submits a comprehensive sign permit to integrate all signs into the framework of the building or buildings, landscaping, and other design features of the property, utilizing an overall design theme. Comprehensive design may be used on an existing building where the facade is being altered or new construction subject to the following requirements: A. Applications shall be made on forms provided by the Director. The Director shall prepare a submittal checklist providing a list of the application materials that shall be considered the minimum necessary to constitute a complete application. B. In approving a Comprehensive Sign Permit, the Director shall adopt findings of fact and conclusions based on those findings which meet the following criteria: Agenda Packet p. 36 of 60 Page 14 of 16

37 1. The proposal manifests an exceptional effort toward creating visual harmony between the sign, buildings, and other components of the subject property through the use of a consistent design theme; 2. The sign or signs promote the planned land use in the area of the subject property and enhance the aesthetics of the surrounding area; 3. The sign placement and size does not obstruct or interfere with any other signs or property in the area or obstruct natural or scenic views; 4. The proposed sign or signs is/are better coordinated, more harmonious with surrounding development including other signage and the architectural concepts employed in the building s site than could be installed under existing criteria in this chapter; and 5. The proposal does not increase the number of signs allowed by this chapter, allow a larger sign face, allow a taller sign, or allow a type of sign which is prohibited by this chapter. C. The Director may impose conditions to ensure compliance with this chapter and implement the Comprehensive Plan. Section 3. Section , Downtown design standard amendments, of the Bonney Lake Municipal Code and the corresponding portions of Ordinance Nos are hereby amended to read as follows: Downtown design standard amendments. The adopted design standards identified in BLMC , which are on file with the city clerk, are amended, as identified below: A. Section 5.2, Landscaping, Fences, and Retaining Walls Amendment: Selective portions of this section of the downtown design guidelines are amended as described in Exhibit A to Ordinance No B. Section 5.3, Signage Design Amendment: Section 5.3 of the downtown design guidelines is hereby deleted from the downtown design guidelines. Section 4. Severability. Should any section, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this Ordinance be pre-empted by state or federal law or regulation, such decision or pre-emption shall not affect the validity of the remaining portions of this Ordinance or its application to other persons or circumstances. Page 15 of 16 Agenda Packet p. 37 of 60

38 Section 5. Effective Date. This Ordinance shall be published in the official newspaper of the City, and shall take effect and be in full force five (5) days after the date of publication PASSED by the City Council and approved by the Mayor this day of, Neil Johnson, Jr., Mayor AUTHENTICATED: Harwood T. Edvalson, City Clerk APPROVED AS TO FORM: Kathleen Haggard, City Attorney Agenda Packet p. 38 of 60 Page 16 of 16

39 Planning Commission Memo Date : September 20, 2017 To : Mayor and City Council From : Grant Sulham, Planning Commission Chair Re : Ordinance D17-28 Sign Code. On September 20, 2017, the Planning Commission conducted a Public Hearing on Ordinance D17-28, which amends the City s Sign Code. The Planning Commission voted to recommend that the City Council adopt Ordinance D As required by BLMC , the Planning Commission adopts the following findings of fact in support of its recommendation: 1. On September 20, 2017, the City of Bonney Lake Planning Commission held a public hearing to consider the amendments to the City s development regulations contained in this Ordinance, as required by BLMC The City complied with all applicable notice, timing and comment provisions in scheduling and carrying out the above-referenced hearing. 3. At the above-referenced hearing, the City of Bonney Lake Planning Commission determined that the amendments to the City s development code contained in this Ordinance are consistent with other BLMC development regulations, the Comprehensive Plan, and with the laws of the State of Washington. 4. Under the State Environmental Policy Act (SEPA) the adoption of this Ordinance is a non-project action as defined by WAC (2)(b) and Public Services Director, on August 23, 2017 acting as the SEPA Responsible Official determined that the proposed amendment was categorically exempt from review under SEPA pursuant WAC (19)(b). Ordinance D17-28 PC Recommendation Page 1/2 Agenda Packet p. 39 of 60

40 5. Pursuant to RCW 36.70A.106(3)(b) the City requested expedited review of this Ordinance from the Department of Commerce. The Department of Commerce review period concluded on September 11, Ordinance D17-28 PC Recommendation Page 2/2 Agenda Packet p. 40 of 60

41 Date: August 25, 2017 To: From: Re: Planning and Building Division Briefing Memorandum Planning Commission Jason Sullivan Planning and Building Supervisor Sign Code Update PURPOSE: The purpose of the memorandum is to facilitate the Planning Commission s Public Hearing on Ordinance D17-28, which amends the City s Sign Code. ATTACHMENT: 1. Ordinance No. D Planning Commission Recommendation Memo SUGGESTED MOTION: I move to recommend that the City Council approve Ordinance D17-28 adopting a new sign code. BACKGROUND: On June 18, 2015, SCOTUS handed down a decision in the case of Reed v. Town of Gilbert. The portion of the Town of Gilbert s (Gilbert) sign code at issue related to three exempted categories of signs: temporary, political, and ideological signs. Gilbert s sign code did not prohibit these signs, but subjected each category to different restrictions such as on size, number of signs, and the permissible duration of display. SCOUTS deemed that Gilbert s sign code was a content-based regulation of speech subject to review under strict scrutiny. Strict scrutiny is a form of judicial review that courts use to determine the constitutionality of certain laws. It requires the government to demonstrate the regulation in question Sign Code Update Public Hearing Planning Commission Briefing Memo Page 1/6 Agenda Packet p. 41 of 60