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HomeMy WebLinkAbout2012.09.24 Council Workshop PacketAGENDA PASCO CITY COUNCIL Workshop Meeting 7:00 p.m. September 24, 2012 1. CALL TO ORDER 2. ROLL CALL: (a) Pledge of Allegiance. 3. VERBAL REPORTS FROM COUNCILMEMBERS: 4. ITEMS FOR DISCUSSION: (a) Municipal Court Presentation. (NO WRITTEN MATERIAL ON AGENDA) Presented by Dot French, Court Administrator. (b) Annexation: Water Intake Property (MF #ANX2012 -006): 1. Agenda Report from Dave McDonald, City Planner dated September 20, 2012. 2. Vicinity Map. 3. Proposed Resolution. 4. Notice of Intent to Commence Annexation. (c) Street Closure Requests: 1. Agenda Report from Stan Strebel, Deputy City Manager dated September 18, 2012. 2. Proposed Ordinance. (d) Yard Sales: 1. Agenda Report from Stan Strebel, Deputy City Manager dated September 18, 2012. 2. Chapter 5.52 Rummage, Yard Sales. 3. Section 17.05.020 5) Garage or Yard Sale Signs. (e) Senior Advisory /Parks & Recreation Advisory Council: 1. Agenda Report from Stan Strebel, Deputy City Manager dated September 20, 2012. 2. Memo from Rick Terway. (f) Reappointment to Regional Public Facilities District Board of Directors: 1. Agenda Report from Gary Crutchfield, City Manager dated September 18, 2012. 5. OTHER ITEMS FOR DISCUSSION: (a) (b) (c) 6. EXECUTIVE SESSION: (a) Real Estate Value (b) Litigation/Potential Litigation (c) Collective Bargaining Proposals 7. ADJOURNMENT REMINDERS: 1. 4:00 p.m., Monday, September 24, Ben - Franklin Transit Office- Hanford Area Economic Investment Fund Committee Meeting. (COUNCILMEMBER AL YENNEY, Rep.; SAUL MARTINEZ, Alt.) 2. 5:00 p.m., Tuesday, September 25, TRAC Facility - TRAC Advisory Board Meeting. (COUNCILMEMBERS REBECCA FRANCIK and AL YENNEY) 3. 7:30 a.m., Thursday, September 27, 7130 W. Grandridge Blvd - Tri- Cities Visitor & Convention Bureau Board Meeting. (COUNCILMEMBER MIKE GARRISON, Rep.; TOM LARSEN, Alt.) 4. 9:30 a.m., Thursday, September 27, Hal Homes Center, Ellensburg - Columbia River Policy Advisory Group Meeting. (MAYOR MATT WATKINS) 5. 4:00 p.m., Thursday, September 27, 7130 W. Grandridge Blvd - TRIDEC Board Meeting. (COUNCILMEMBER MIKE GARRISON, Rep.; TOM LARSEN, Alt.) 6. 5:30 p.m., Thursday, September 27, 710 W. Court Street - Benton- Franklin Community Action Committee Meeting. (COUNCILMEMBER AL YENNEY, Rep.; REBECCA FRANCIK, Alt.) AGENDA REPORT FOR: City Council September 20, 2012 Workshop Mtg.: 9/24/12 TO: Gary Crutch i Ci Manager Regular Mtg.: 10/1/12 Rick White, Co' ty Economic Development Director FROM: David 1. McDonald, City Planner SUBJECT: Annexation: Water Intake Property (MF# ANX2012 -006) I. REFERENCE(S): I. Vicinity Map 2. Proposed Resolution 3. Notice of Intent to Commence Annexation H. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 9/24/12: DISCUSSION: 10/1/12: MOTION: I move to approve Resolution No. , accepting a petition for annexation of the West Court Street Water Intake Property and providing a determination on the boundary, zoning and indebtedness. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A. In August of this year the city purchased a small parcel of land directly west of the I -182 Bridge in the 11400 block of West Court Street. The property was purchased to accommodate piping and other equipment for a new water intake facility to be located in the Columbia River. B. The property is adjacent to, but currently outside, the city limits. C. The proposed annexation also includes Army Corps of Engineers property and Court Street right -of -way. The inclusion of these additional areas requires use of the "Petition Method" of annexation rather than the more expedient "Municipal Purposes Method IV. DISCUSSION: A. The petition method of annexation requires the Council to hold a public meeting upon receipt of a notice of intent to begin the annexation to determine: 1) Whether the city will accept or require modification of the proposed annexation area; 2) Whether the city will require simultaneous adoption of zoning; and, 3) Whether the city will require the property to assume all or a portion of existing city indebtedness (the property is exempt from taxes, however under the petition method of annexation, this is one of the statutory questions required to be answered prior to circulation of the final petition). B. The proposed resolution has been prepared following past practices of accepting the proposed annexation area without requiring simultaneous zoning or the assumption of bonded indebtedness. Zoning will be established following the statutory property owner notification requirements and a public hearing held (by the Planning Commission) separately from the Council hearing on the annexation. C. For municipal oversight, management and permitting purposes the property should be annexed to the city. 4(b) RESOLUTION NO. A RESOLUTION ACCEPTING A NOTICE OF INTENT (TEN PERCENT PETITION) TO COMMENCE ANNEXATION PROCEDINGS, PROVIDING A DETERMINATION ON THE TERRITORY TO BE ANNEXED AND WHETHER SIMULTANEOUS ZONING AND THE ASSUMPTION OF BONDED INDEBTEDNESS WILL BE REQUIRED. WHEREAS, the owner of Lot 11, Harris Subdivision has filed a Notice of Intent to annex to the City of Pasco; and WHEREAS, the City Council of the City of Pasco has reviewed the Notice of Intent and has determined annexation of the territory would support the provision of municipal services within the Pasco Urban Growth Area and is in the best interest of the Pasco community; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, DOES RESOLVE AS FOLLOWS: A) That the City will accept the proposed territory to be annexed as described in Exhibit "A" and depicted in Exhibit `B" attached hereto. B) That the territory to be annexed will not require simultaneous adoption of zoning regulations. Zoning will be determined through a public hearing process with input from affected property owners. C) That the annexation area will not be required to assume any portion of existing City bonded indebtedness. PASSED by the City Council of the City of Pasco this 1st day of October, 2012. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debra Clark, City Clerk Leland B. Kerr, City Attorney Exhibit "A" LEGAL DESCRIPTION Water Intake Property Beginning at the southwesterly corner of Lot 11, said corner being the True Point of Beginning; Thence southwesterly along the southwesterly projection of the westerly line of said Lot 11, to the intersection with the existing City Limit line; Thence northeasterly along said City Limit line to the intersection with the northerly right -of- way line of West court Street; Thence northwesterly along said northerly right -of -way line to the intersection with the northeasterly projection of the westerly line of said Lot 11; Thence southwesterly along said projected line to the southerly right -of -way line of West Court Street; Thence continuing southwesterly along the westerly line of said Lot 11, to the True Point of Beginning. z s `oy U \ ct ct V) ct � N OPOO l �� NOTICE OF INTENTION TO COMMENCE ANNEXATION PROCEDURES TO: The City Council of the City of Pasco 525 North Third Avenue Pasco, Washington 99301 Council Members: The undersigned, who are the owners of not less than ten percent in value, according to the assessed valuation for general taxation of the property for which annexation is sought, hereby advise the City Council of the City of Pasco that it is the desire of the undersigned owners of the following area to commence annexation proceedings. The property herein referred to is described on Exhibit "A" attached hereto and is depicted on Exhibit "B" further attached hereto. It is requested that the City Council of the City of Pasco set a date not later than sixty days after the filing of this request for a meeting with the undersigned to determine: (1) Whether the City Council will accept the proposed annexation; and, (2) Whether the City Council will require the assumption of existing City indebtedness by the area to be annexed; and, (3) Whether the City Council will require simultaneous zoning. This page is one of a group of pages containing identical text material and is intended by the signers of this Notice of Intention to be presented and considered as one Notice of Intention and may be filed with other pages containing additional signatures which cumulatively may be considered as a single Notice of Intention. 1. Please print your name in addition to signing. NAME ADDRESS DATE ri Exhibit "A" LEGAL DESCRIPTION Water Intake Property Beginning at the southwesterly corner of Lot 11, said corner being the True Point of Beginning; Thence southwesterly along the southwesterly projection of the westerly line of said Lot 11, to the intersection with the existing City Limit line; Thence northeasterly along said City Limit line to the intersection with the northerly right -of- way line of West court Street; Thence northwesterly along said northerly right -of -way line to the intersection with the northeasterly projection of the westerly line of said Lot 11; Thence southwesterly along said projected line to the southerly right -of -way line of West Court Street; Thence continuing southwesterly along the westerly line of said Lot 11, to the True Point of Beginning. O • � � Oy c� c� N O `'--' N U .. o� �z FOR: TO: FROM: SUBJECT: I. II. III. AGENDA REPORT City Council Gary Crutchfie Manager Stan Strebel, Deputy City Manager 3 Street Closure Requests �jt REFERENCE(S): 1. Proposed Ordinance September 18, 2012 Workshop Mtg.: 9/24/12 Regular Mtg.: 10/1/12 ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 9/24: Discussion — Provide Direction to Staff 10 /1: MOTION: I move to adopt Ordinance No. , amending Chapter 5.25 and Chapter 3.07 of the Pasco Municipal Code, regarding street and intersection closures. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: At the meeting of August 27, Council reviewed and discussed the issues associated with street closure for special events as described herein below. Council's general consensus and direction was for staff to develop a process for review of road closures under the general approach suggested in D)2 below, Pre - Screen Applications. The attached Ordinance includes a proposed new section to be added to the Special Events Approval Process and incorporates: 1. Minimum requirements for all applicants — utilizing the best risk management practices. 2. A committee consisting of the City Engineer, Fire and Police Chiefs (or designees) to review all applications for special circumstances and against specific criteria as listed. 3. Appeal of the committee's decision can be made to the City Manager, as with other appeals on Special Events application determinations. Additionally, the Ordinance amends Chapter 3.07, specifying a review fee ($50.00) for street and intersection closure requests. Staff recommends approval of the Ordinance. A) The City adopted a formal process for review and approval of Special Event permits in 2001. The purpose statement included within the regulations concludes "...for the purpose of regulating those events, which are intended to draw large numbers of people, involve the use of public facilities and to establish a fee required to defray the costs of assuring the public health and safety." B) Special Event applications are often accompanied by requests for temporary street closures in order to accommodate the event. Requests for events range from multi -day community -wide festivals to fairly limited duration block or private parties. C) The Manual on Uniform Traffic Control Devices (MUTCD) is the standard for traffic control signage, markings, barricades, etc., and provides specific detail on acceptable barricades and methods for temporary street closures. Requiring compliance with MUTCD standards for such closures is an important part in accident prevention and risk management. 4(c) While large, well- organized events typically have greater resources to access necessary personnel and equipment for proper temporary closures, this becomes more of a challenge for smaller, informal or private groups where a lack of funding, time and experience may contribute to substandard closure methods. Further, because of potential for accidents or liability claims associated with temporary traffic control situations, the issues of indemnification and insurance must be considered. Given Council's decision to opt for a high dollar deductible under the City's WCIA liability pool participation, it becomes even more important to carefully manage the potential risk associated with temporary street closures for special events. D) Staff request Council's direction with respect to street closure for special events so that a clear written policy can be adopted. Some possible policy options, together with plausible cost, administration and public perception implications are as follows: I. Accept and process all applications for street closures under uniform requirements, including insurance, MUTCD compliance, with applicant to bear all costs. Implementation: simplifies review process and minimizes risk to City. Avoids questions or the "reasonableness" of closure applications, as long as requirements are met. 2. Pre - screen applications for street closure under a "public need" or "public interest" criteria. Deny narrow interest applications which do not meet criteria. Regulate approved applications for closure under uniform requirements, etc. (as above). Implementation: tends to reduce the number of applications that are formally considered. Requires a "decision maker" to apply the criteria. Minimizes accident risk to City; could give rise to claims /issues with respect to screening decision. 3. Process applications for street closures based on size /length/complexity (i.e., potential risk — a dead end street is less risk to close than main street). Apply insurance and technical standards, which can vary, depending on complexity of closure, traffic volumes, etc. Implementation: requires more specific criteria to determine potential risk. Most likely more administration oversight and cost. This approach may seem more flexible to applicants of smaller events. E) Finally, Council may want to consider that the City has (in the past) sponsored or partnered in many events, providing time and equipment, in varying degrees, to effect closure. A policy to outline future City involvement may be appropriate. Some applicants have requested street closure for limited private purposes (i.e,, birthday parties); it seems that both "why" and "how" are appropriate questions to address in policy. ORDINANCE NO. An Ordinance of the City of Pasco, Washington amending Chapter 5.25 and Chapter 3.07 of the Pasco Municipal Code, Regarding Street and Intersection Closures. WHEREAS, the City Council has determined that certain requirements are necessary for the closure of public streets and intersections for special events, as defined in Chapter 5.25 fo the Pasco Municipal Code; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. A new Section 5.25.115, entitled "STREET AND INTERSECTION CLOSURES" is hereby added to the Pasco Municipal Code to read as follows: 5.25.115 STREET AND INTERSECTION CLOSURES A) Each application for a special events permit which includes a request for a closure (or partial closure) of a street or intersection shall include the following: 1. Indemnity. The applicant shall be required to sign a statement that he or she shall defend, indemnify and otherwise hold harmless the City of Pasco, its officers, employees and agents from any and all claims or liability arising from the City's grant of permission for or the actual conduct of the special event associated with, and including, such street closure. 2. Insurance. The applicant shall provide evidence of liability insurance coverage, for review by the City's risk manager, with the City of Pasco, its officers, employees and agents named as additional insured parties and offering death, personal injury and property damage liability in an amount not less than $1 million. 3. Notice. The applicant shall provide for payment of one newspaper publication and posting, at each end of the to be closed portion of the street and at all intersecting streets, of the notice of street closure (for closures of duration in excess of twelve (12) hours) pursuant to RCW 47.48.020; or for closures of less than twelve (12) hours, posting of such notice, posting only as outlined above. 4. Traffic Control Plan and Devices. The applicant shall provide a plan and such barricades, traffic cones or signs, in conformance with the most current version of the Manual on Uniform Traffic Control Devices (MUTCD) as adopted by the State of Washington and approved by the City Engineer, as are necessary to accomplish the proposed closure. The City does not provide or lend traffic control equipment except for City- sponsored events and closures. 5. Review Fee. A review fee, which shall be in addition to any special event fee, and as set forth in Chapter 3.07 of this code, shall be required with each application for closure of a street or intersection. The fee should be non- refundable, regardless of whether the application is approved or denied. B) Each street closure request contained within an application for special event shall be reviewed by a committee consisting of the City Engineer (or designee), the Police Chief (or designee) and the City Fire Chief (or designee). The committee shall determine if requested street or intersection closures will be allowed, together with any additional requirements for or traffic flow, public safety, access or public notice. Any appeal of the decision of the committee may be made to the City Manager pursuant to section 5.25.090. C) The committee shall approve an application for a street or intersection closure which satisfies the requirements set out in subsection A, above; together with such other requirements as the committee may impose, pursuant to subsection B, unless it finds one or more of the following conditions, in which case the application shall be denied: 1. That the closure is likely to unreasonably interfere with vehicle or pedestrian traffic flow or 2. That the closure is likely to create an unmitigatable danger to vehicular or pedestrian traffic or 3. That the closure will cause irrevocable interference with previously approved and /or scheduled construction, maintenance or other activities or 4. That the closure will seriously inconvenience the general public's use of public property, services or facilities or 5. That there are not sufficient public safety personnel or other necessary city staff to accommodate the closure so that it may occur in a reasonably safe manner or 6. That the closure would endanger public safety or health or 7. That the closure would be likely to cause unreasonable damage to public properties or facilities. 8. That the closure is not necessary to accommodate an event or activity sponsored by a public entity or available to the general public for the period of the closure. Section 2. Section 3.07.050 S) "Special Events" of the Pasco Municipal Code is hereby amended to read as follows: S) Special Events: 1. Athletic, Competitive or Festival $25.00 5.25.070 2. Concert $25.00 5.25.070 3. Dance Hall — without liquor $75.00 5.25.070 a) Additional square footage 4. Dance Hall — with liquor $350.00 5.25.070 a) Additional square footage 5. Demonstration $15.00 5.25.070 6. Outdoor Music Festival $25.00 5.25.070 7. Parade $15.00 5.25.070 8. Public Dance $15.00 5.25.070 9. Temporary Special Sales Event - $40.00 for first vendor 5.25.070 (maximum for event $500.00) 10. Street and Intersection Closure $50.00 5.25.115(A)(5) Review Fee Chapter 5.25 and Chapter 3.07- Street and Intersection Closures Page 2 Section 3. This ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, this 151 day of October, 2012. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney Chapter 5.25 and Chapter 3.07- Street and Intersection Closures Page 3 AGENDA REPORT FOR: City TO: Gary Crutchfi i Manager FROM: Stan Strel: D puty City Manager SUBJECT: Yard Sales I. REFERENCE(S): 1. Chapter 5.52 Rummage, Yard Sales 2. Section 17.05.020 5) Garage or Yard Sale Signs September 18, 2012 Workshop Mtg.: 9/24/12 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 9/24: Discussion, provide direction to staff III. FISCAL IMPACT: Yard sale permits generate approximately $6,500 /yr. IV. HISTORY AND FACTS BRIEF: A) The city has adopted regulations for yard /rummage sales and associated signage. The regulations are in place to assure that sales are not unduly disruptive in neighborhoods and that true commercial activity is properly conducted within the city. Sign regulations are in place to limit clutter and interference with traffic and pedestrian movement. B) The city charges $5 for yard sale permits and $1 for rummage sale permits. Presumably, the permit requirement assists in tracking and enforcement of the regulations. Over the last several years, the average annual revenue for yard and rummage sales is approximately $6,500, suggesting approximately 1,300 permits. C) Pasco is somewhat unique in the region in requiring yard sale permits. None of the following cities requires permits for yard sales: Richland, Kennewick (but does require a $5 fee for rummage sales), Yakima or Walla Walla. However, all except Richland limit the frequency and duration of yard sales. D) A common complaint from the public regards yard /rummage sale signs that appear prominently at corners, primarily throughout the warmer months. While there are regulations for such signs (see attached) one could argue that they are somewhat ambiguous. The city has not had staffing to actively enforce these sign violations, for other than public safety concerns, for several years. V. DISCUSSION: A) Staff requests Council's review and direction. Should the city continue to issue and charge for permits? Is the fee, which has not been increased in years, reasonable? Should the sign regulations be written more clearly (i.e., with regard to public property) and /or does Council wish to see greater emphasis on enforcement? B) Council may wish to consider the following alternatives: I. Permit fees of $5 for yard sales have not been changed, by staffs estimate, for at least 30 years. Inflationary cost increases would suggest a fee of at least $10 is now appropriate if the fee /permit requirements are to be continued. 2. While permitting assists in tracking and enforcement of yard sale regulations, it is not essential. As most other cities seem to have done, Pasco could decide to eliminate fees /permits entirely. However, to do so would necessarily limit enforcement efforts to citizen complaints, or rely heavily on emphasis patrols. Eliminating the revenue associated with permits would seem counterproductive in accomplishing the latter. 3. Regulations regarding allowable signs for yard sales are confusing. By some definitions, most of the types of yard sale signs that are seen are not allowed under the Municipal Code [see 17.05.020(5)(a); 17.05.040(C) and (J)] because they are on public property or right -of -way and off premise. However, as can be seen, PMC 17.05.020(5)(b) provides conflicting language seeming to allow signs in the right -of- way if not interfering with traffic. C) Council discussion and direction will assist staff in developing appropriate responses. 4(d) CHAPTER 5.52 RUMMAGE, YARD SALES Sections: 5.52.010 DEFINITIONS ................................................... .............................99 5.52.020 YARD SALES ..................................................... .............................99 5.52.030 RUMMAGE SALES .............. ............................... ............................100 5.52.040 SALES IN HOSPITALS OR SCHOOLS .................. ............................100 5.52.050 VIOLATIONS ..................... ............................... ............................100 5.52.010 DEFINITIONS. A) "YARD SALE" means a yard sale, patio sale, garage sale or any similar sale of merchandise by an individual or group for profit when the merchandise to be sold is offered to the general public. B) "RUMMAGE SALE" means a rummage sale, white elephant sale, auction sale or any similar sale of merchandise by a nonprofit organization when the proceeds of such sale are intended to be used in a community service, child or youth activity, charitable or other welfare work. C) "NONPROFIT ORGANIZATION' includes but is not limited to fraternal organizations, hobby societies, educational societies, historical societies, museums, hospital auxiliary groups, churches, church auxiliary organizations, student groups and parent- teacher organization. (Ord. 1499 Sec. 1, 1971.) 5.52.020 YARD SALES. A) Yard sales shall be limited to two such sales in each calendar year for each individual household. Any sale shall not be conducted for a continuous period of more than three calendar days. B) Merchandise offered for sale at a yard sale must consist of used or secondhand material owned by the person granted the permit or members of the individual household for a period of not less than six months prior to the date of such sale, except that in the case of a person leaving the community, a shorter period of ownership will be allowed providing the merchandise was purchased for actual use by the person or member of the individual household and that the necessity for such sale of the merchandise could not have been foreseen at the time of purchase. Intended sale of merchandise owned for less than six months shall be listed in the application for a permit. C) Any individual household before conducting any yard sale must have a permit. Such a permit is obtained by making written application to the City Clerk. The application must be signed by a member of the individual household eighteen years of age or older and shall describe the type of material to be sold, the location and dates of the sale, and the listing of any material owned less than six months which is to be offered for sale. D) Upon completion and approval of the application a permit shall be issued containing the information shown in the application. A permit shall not be renewable until thirty days after the expiration of the previous permit and a fee as set forth in Chapter 3.07 of this code shall be required for each permit issued. PMC Title 5 9/6/11 99 E) Any permits issued under this section shall not be restricted as to location because of zoning regulations except that such sale must be conducted on private property and shall not be permitted on sidewalks, alleys, streets or any other public way. Location shall be limited to property occupied by the person signing the application for the permit. F) Any sale shall be conducted in an orderly manner and shall not constitute a public nuisance nor hazard to persons or property. (Ord. 3560 Sec. 45, 2002; Ord. 1499 Sec. 2, 1971.) 5.52.030 RUMMAGE SALES. A) Nonprofit organizations as defined herein may conduct rummage sales upon issuance of a permit by the City Clerk. The permit will be issued when an application is submitted by an authorized member of the organization. The application shall show the name and type of organization, intended use of proceeds from the sale, type of materials to be sold, the location and the date of the sale. B) A fee as set for the in Chapter 3.07 in this code shall accompany each application for permit and a permit shall be required for each separate sale. The sale shall be conducted for a continuous period of not more than two calendar days. The permit shall be displayed at the site of the sale. C) Location shall not be limited by application of any zoning requirements, but shall be restricted to private property not necessarily occupied by the organization conducting the sale. Sale shall not be conducted on sidewalks, alleys, streets or other public ways; except as expressly authorized by the City Council. D) Sales permitted herein shall be conducted in an orderly manner and shall not constitute a public nuisance nor hazard to persons or property. (Ord. 3560 Sec. 46, 2002; Ord. 1499 Sec. 3, 1971.) 5.52.040 SALES IN HOSPITALS OR SCHOOLS. Nothing contained in this chapter shall restrict or prohibit the operation of gift shops in neither hospitals nor sales by school or parent- teacher organizations within public or private schools. (Ord. 1499 Sec. 4, 1971.) 5.52.050 VIOLATIONS. The conduct of any sale described herein without possessions of the permit required herein or any false statement made in an application for a sale permit shall be considered a violation of this chapter. Any person or organization who shall violate any provision of this chapter will be subject to a fine of not more than five hundred dollars. Each day of violation hereof may be considered a separate offense. (Ord. 1499 Sec. 5, 1971.) PMC Title 5 9/6/11 100 CHAPTER 17.05 SIGN ALLOWANCE TABLE Sections: 17.05.010 INTERPRETATION OF SIGN ALLOWANCE TABLE ........................... 14 17.05.020 SPECIAL PROVISIONS BY SIGN CLASSIFICATION ......................... 14 17.05.030 EXEMPT SIGNS ........................................... ............................... 16 17.05.040 PROHIBITED SIGNS .................................... ............................... 17 17.05.050 SIGN ILLUSTRATIONS ................................. ............................... 18 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, special events having a specific date or duration. Such signage shall be subject to the following provisions: 1) All exterior real estate -signs - shall be placed entirely on the property for sale, except as provided below. 2) Residential `open house" signs - are permitted only during daylight hours and during times in which the broker /agent or seller or an agent is in attendance at the property for sale. The sign may be placed within the periphery of the roadway provided it does not interfere with traffic safety as provided in 17.05.040 D and 17.09.030, but it shall not be attached to a utility pole or traffic safety device. Such signs shall be permitted only during weekends beginning at 5:00 pm Friday and ending at 8:00 am Monday. 3) Political Signs - may be placed within the periphery of the public PMC Title 17 3/2/2009 14 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, except subdivision 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. 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 20th Avenue. Said signs may be larger than 6 square feet_ 5) Garage or Yard Sale Signs. a) No garage /yard sale sign shall be placed, affixed, stapled, glued, or taped to any utility pole, subdivision fence, or a_ ny public ro e b) No garage /yard sale sign shall be placed on the right -of -way of any roadway in such a manner as to iotedere 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 PMC Title 17 3/2/2009 15 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. D) Interior signs, provided that no interior sign shall be permitted in the R -T, R -S -20, R -S -12, R -S -1, R -1 and R -2, R -3, R -4, R -1 -A and R -1 -A2 zoning districts. E) Temporary signs and decorations that are customary for special holidays and that are erected on private property. F) Signs directly related to a municipal building, structure or installed by the city or required by a governmental entity. G) Bona fide religious symbols on the buildings or grounds of religious institutions. H) Traffic or pedestrian control signs, signs required by law, or signs PMC Title 17 3/2/2009 16 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. 0) 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 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 PMC Title 17 3/2/2009 17 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. PMC Title 17 3/2/2009 18 AGENDA REPORT FOR: City Council September 20, 2012 TO: Gary Crutchfie Manager Workshop Mtg.: 9/24/12 FROM: Stan Strebel, De�uty City Manage` SUBJECT: Senior Advisory/Parks & Recreation Advisory Council I. REFERENCE(S): Memo from Rick Terway II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 9/24: Discussion III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: A) Over the last several years, it has become increasingly difficult to find citizens who are willing to serve on the Senior Services Advisory Committee. With five voting members (four appointed by the Mayor, one ex- officio as President of the Senior Citizens Association) authorized, there are currently only two active members at this time. Extensive efforts to recruit interested citizens have been unsuccessful. B) The Parks and Recreation Advisory Council consists of seven voting members and has been active for several years. Because senior programs are administered within the City's Recreation Services Division, it would seem reasonable to include the Senior Advisory function within the Parks and Recreation Advisory Council. (As mentioned in Rick Terway's memo, this is currently the committee arrangement in both Richland and Kennewick.) C) At the September meeting of the Park and Recreation Advisory Council, which included active members of the Senior Advisory Committee, as well as City Council liaison members Martinez and Larsen, the concept of combining the two groups was reviewed and recommended by vote of those attending. Specifically, the Parks and Recreation Advisory Council could be reorganized to consist of nine voting members (appointed by the Mayor) with two of the members being active participants at the Senior Center. V. DISCUSSION: A) If Council concurs with the recommendation, staff will prepare the documents necessary for Council action, at the next meeting, to effect the change. 4(e) 1" • Administrative & Community Service Department September 17, 2012 Memorandum To: Gary Crutchfield, City Manager From: Rick Terway, Director A &C�? Subject: Parks and Recreation Advisory Council At the September 6th Parks and Recreation Advisory Council meeting, the two current members of the Senior Services Advisory Committee were invited to discuss the possibility of combining the two boards into one body, included were both City Council liaisons. Staff laid out the basic concept to the members and explained that the Senior Center report would be added to the regular agenda and reported to the full body just as they currently do at the Senior Services Advisory Committee. After comments from all members, it was moved and approved to recommend joining the two boards. The Parks and Recreation Advisory Council was formed by Resolution #818 in June of 1970. It establishes a 7 member body appointed by the Mayor and confirmed by the Council. It also defines the terms of the members and that no compensation will be given. The Senior Services Advisory Committee was created by Ordinance #3317 in 1998 and is in PMC 2.30. The structure is much the same as the park board with a five member board, with one member appointed from the Senior Citizens Association without being appointed by the Mayor. A new Ordinance could be drafted to rescind Ordinance #3317 and Resolution #818 and form a new structure of a nine person board of which two members should be active with the Senior Center. The current Senior Citizens Association has chosen not to appoint a member to the Senior Advisory Board. It is common practice with many cities to include the Senior Center as part of the Parks and Recreation Department and to utilize one citizen advisory board for all matters. Both Kennewick and Richland only have a Park and Recreation Commission. AGENDA REPORT FOR: City Council ! September 18, 2012 FROM: Gary Crutch i y Manager Workshop Mtg.: 9/24/12 Regular Mtg.: 10/1/12 SUBJECT: Reappointment o Regional Public Facilities District Board of Directors I. REFERENCE(S): II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 9/24: Discussion 10 /1: MOTION: I move to reappoint Rebecca Francik to the Board of Directors of the Tri- Cities Regional Public Facilities District, term to expire October 1, 2015. III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: A) Each of the cities approved the Interlocal Cooperation Agreement providing for the creation of the Tri- Cities Regional Public Facilities District (TCRPFD), effective October 1, 2010. B) There are nine members of the Board of Directors of TCRPFD, three to be appointed by each City Council. All members of the Regional Board are to be either members of the respective City Council or the respective city's Public Facilities District. C) Board members serve three -year terms and may be reappointed to serve not more than three consecutive full terms. V. DISCUSSION: A) In September 2010, Council made the initial appointments of Mayor Watkins (three -year term; term expires 10/1/13) and Councilmember Francik (two -year term; term expires 10/1/12) as Pasco representatives to the RPFD Board. In December 2011, Council appointed Councilmember Martinez to replace Pasco PFD Board Member John Merk (term expires 10/1/14). B) As Councilmember Francik's initial two -year term expires on October 1, 2012, staff requests reappointment of her to the Tri- Cities Regional Public Facilities District Board. Ms. Francik's term will expire October 1, 2015. 4(f)