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.
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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
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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.
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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)