HomeMy WebLinkAbout1998.04.06 Council Minutes MINUTES
REGULAR MEETING PASCO CITY COUNCIL APRIL 6, 1998
CALL TO ORDER:
The meeting was called to order at 7:00 P.M. by Charles D. Kilbury,
Mayor.
ROLL CALL:
By Deputy City Clerk. Councilmembers present: Michael Garrison,
Joe Jackson, Chris Jenson, Charles Kilbury, Dan Lathim, and Carl
Strode. Councilmembers absent: Rebecca Francik. Also present:
Gary Crutchfield, City Manager; Gregg Haney, Acting City Attorney;
Dave McDonald, City Planner; Denis Austin, Police Chief; Richard
Smith, Community & Economic Dev. Director; Tim Arntzen,
Management Assistant; and Kurt Luhrs, Personnel/Risk Manager.
PLEDGE OF ALLEGIANCE:
The meeting was opened with the Pledge of Allegiance.
CONSENT AGENDA:
MOTION: Mr. Garrison moved to approve the Consent Agenda. Mr.
Lathim seconded the motion. Motion carried unanimously. Consent
items are as follows:
A) Approval of Minutes: To approve minutes of Regular Meeting held
March 16, 1998.
B) Bills and Communications: To approve General Claims in the
amount of $731,550.05 ($126,353.66 being in the form of Wire
Transfer Nos. 3150 through 3152 and 3155; and $605,196.39
consisting of Claim Warrants numbered 107108 through 107411).
Payroll Claims: To approve payroll claims in the amount of
$641,442.20; payroll voucher nos. 9297 through 9759.
Bad Debt Write-offs: To approve bad debt write-offs for utility
billing, ambulance, miscellaneous, Municipal Court non-criminal,
criminal and parking accounts receivable in the total amount of
$192,992.40 and, of that amount, authorize $190,729.90 be turned
over for collection.
C) _Comprehensive Independent Water/Sewer Rate Study: To approve
the proposed agreement with Economic and Engineering Services,
Inc. to assist the City with a water and wastewater rate study. and
authorize the Mayor to sign the agreement.
D) Resolution No. 2367: A resolution fixing the time and date for a
public hearing to consider vacation of a portion of East Alvina
Street between Wehe and Beech Avenues: To approve Resolution
No. 2367, fixing 7:00 p.m., May 4, 1998, as the time and date for a
public hearing to consider the proposed vacation. '
E) Special Permit: Location of a church on Burden Boulevard and
west of the Desert Oasis subdivision (MF #98-21-SP): To approve
the special permit for the location of a church on Burden Boulevard
lying west of the Desert Oasis subdivision.
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REGULAR MEETING PASCO CITY COUNCIL APRIL 6, 1998
Fj Appointment to Housing Authority Board_: To concur in the Mayor's
re-appointment of James A. Richter to Position No. 2 on the City
of Pasco/Franklin County Housing Authority Board to a term that
will expire on January 28, 2003.
PROCLAMATIONS AND ACKNOWLEDGMENTS:
None.
VISITORS:
None.
REPORTS FROM COMMITTEES AND/OR OFFICERS:
None.
PUBLIC HEARINGS:
Closed Record Hearing - Rezone-Appeal: Rezone from R-1 and R-3
(Residential) to C-1 {Retail Business) (Casey, et al) - MF #98-11-Z: Mr.
David McDonald, City Planner, addressed Council and noted for the
record that notice of the closed record hearing was published and
posted as required by law.
Mr. Haney addressed Council and explained the law and procedures to
follow regarding a closed record hearing. Mr. Haney informed Council
that the only evidence that can be considered by the Council is that
which was presented to the Planning Commission.
Mr. McDonald informed Council, on behalf of the applicant, that there
was a minor error on page 25 related to comments of Commissioner
Crawford. In her comments she stated, "I wish they were here." This
was in response to her desire to know if one of the property owners
was present. Ms. Crawford thought the property owners were not
present, when in fact they were present in the audience.
Mr. Strode asked Mr. McDonald to outline the differences between a C-
1 and an "O" zone.
Mr. McDonald explained that the "O" zone is strictly an office type
zoning district that allows various types of professional offices, i.e.,
medical, real estate, attorneys and mortuaries. In a C-1 district offices
are permitted as well as restaurants, taverns and a wide variety of
retail businesses that differ in operational hours and standards. In an
"O" zone some ancillary retail functions can be permitted that would be
secondary to an office, i.e., a pharmacy at a physician's complex.
Mr. Garrison asked how the currently existing businesses came to be
located in an R-3 zone?
Mr. McDonald explained that years ago offices were permitted under
the R-3 designation. In 1982, the residential sections of the zoning
regulations were up-dated and modernized and the office uses were no
longer permitted. At that point, those existing businesses became
non-conforming.
Mr. Strode asked if it was staff's contention that rezoning this parcel
more aggressively than an office zone would negatively impact the
residential neighborhoods that are east of 20th Avenue?
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REGULAR MEETING PASCO CITY COUNCIL APRIL 6, 1998
Mr. McDonald explained that the record would show that comments
were made by staff explaining that commercial (retail/service) uses
involve greater levels of illumination, larger parking lots, extended
hours of operation and weekend activity, all of which could negatively
impact the residential properties on the east side of 20th Avenue.
Mr. Strode felt that the preservation of the existing neighborhoods is
important and the potential detriment would be significant if the area
in question was allowed to develop under the C-1 zoning.
Ms. Francik made the following comments by proxy:
Ms. Francik's letter to the Council states that the Comprehensive Plan
makes it very clear that commercial development is to stay in clusters
around key intersections. These plans were developed to protect the
quality of life for the residents and business owners of Pasco while
facilitating planned and orderly growth. Ms. Francik stated she would
vote to change the zoning from R-1 and R-3 to "O" Office.
ORDINANCE NO. 3288
AN ORDINANCE RELATING TO ZONING AND CHANGING
THE CLASSIFICATION OF CERTAIN REAL PROPERTY
WITHIN THE CITY OF PASCO FROM R-1 (LOW DENSITY
RESIDENTIAL) AND R-3 (MEDIUM DENSITY
RESIDENTIAL) TO "O" (OFFICE).
MOTION: Mr. Strode moved to adopt Ordinance No. 3288, rezoning the
property in question from R-1 and R-3 to "O". Mr. Garrison seconded
the motion.
Mr. Jensen didn't feel there would be much of a difference in terms of
the impact on the neighborhood whether the area is zoned C-1 or "O".
He felt there was already significant commercial development nearby
and would not be opposed to a C-1 designation.
Mayor Kilbury noted that he lives on 20th Avenue in an area that is R-
1, immediately across the street from a series of C-1 designations. He
stated he has found no problem with the traffic or C-1 zoning and
would vote no on the ordinance.
Mr. Garrison pointed out that the area where Mayor Kilbury lives has
adequate parking, while the area under question has only parallel
parking on the street. He disagreed with Mayor Kilbury's statement
and would vote in favor of the proposed ordinance.
Motion carried by the following roll call vote: Yes - Garrison, Lathim,
Jackson, Strode, Francik (via proxy vote), Strode; No - Jensen, Kilbury.
ORDINANCES/RESOLUTIONS NOT RELATED TO PUBLIC HEARINGS:
RESOLUTION NO. 2368
A RESOLUTION AUTHORIZING THE SALE OF SURPLUS
CITY PROPERTY.
MOTION: Resolution No. 2368, was read by title only. Mr. Garrison
moved to approve Resolution No. 2368, authorizing the City Manager to
sell surplus properties and setting a minimum value for those
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REGULAR MEETING PASCO CITY COUNCIL APRIL 6, 1998
properties. Mr. Lathim seconded the motion. Motion carried by a
unanimous roll call vote (Francik via proxy).
ORDINANCE NO. 3289
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
GRANTING TO ELECTRIC LIGHTWAVE, INC., A
DELAWARE CORPORATION, A NON-EXCLUSIVE
FRANCHISE TO INSTALL, OPERATE, AND MAINTAIN A
TELECOMMUNICATIONS SYSTEM IN, ON, OVER, UPON
ALONG, AND ACROSS CERTAIN DESIGNATED PUBLIC
RIGHTS-OF-WAY OF THE CITY OF PASCO, WASHINGTON,
PRESCRIBING CERTAIN RIGHTS, DUTIES, TERMS, AND
CONDITIONS WITH RESPECT THERETO, AND
ESTABLISHING AN EFFECTIVE DATE.
MOTION: Ordinance No. 3289 was read by title only. Mr. Garrison
moved to adopt Ordinance No. 3289, granting a five-year
telecommunications franchise to Electric Lightwave, Inc., and further
to approve publication by summary. Mr. Lathim seconded the motion.
Motion carried by a unanimous voice vote (Francik via proxy).
Mr. Tom Larsen, of 3320 W. Pearl Street, questioned if the granting of a
franchise to Electric Lightwave, Inc., would allow that company to put a
telecommunications cable down the easement in back of his house?
Mr. Crutchfield explained to Mr. Larsen that the granting of this
franchise to the Electric Lightwave, Inc., would allow them to use
public rights-of-way or utility easements within the City of Pasco for
the installation of its cable system. The granting of this franchise
does not in any way authorize Electric Lightwave, Inc., to use any
private easements.
ORDINANCE NO. 3290
AN ORDINANCE PERMITTING THE DISPENSING AND
CONSUMPTION OF BEER/WINE AND SPIRITUOUS
LIQUOR IN THE FARMER'S MARKET AREA LOCATED AT
4TH AVENUE AND COLUMBIA STREET AT THE CINCO DE
MAYO CELEBRATION ON MAY 2, 1998.
MOTION: Ordinance No. 3290 was read by title only. Mr. Jensen
moved to adopt Ordinance No. 3290, conditionally permitting the
conduct of a Beer/Wine Garden and Margarita Ville in conjunction with
the Cinco de Mayo Festival. Mr. Strode seconded the motion. Motion
carried unanimously (Francik via proxy).
ORDINANCE NO. 3291
AN ORDINANCE CONCERNING PROCESS WATER
DISCHARGE, TREATMENT AND MONTHLY RATES AND
CHARGES; AND REPEALING CHAPTER 13.41 AND
CREATING NEW CHAPTER 13:41A TO THE PASCO
MUNICIPAL CODE.
MOTION: Ordinance No. 3291 was read by title only. Mr. Garrison
moved to adopt Ordinance No. 3291, revising rates for use of the
Process Water Reuse Facility. Mr. Lathim seconded the motion.
Motion carried unanimously (Francik via proxy).
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REGULAR MEETING PASCO CITY COUNCIL APRIL 6, 1998
UNFINISHED BUSINESS:
None.
NEW BUSINESS:
Cable Bridge Lighting Agreement:
MOTION: Mr. Jensen moved to approve the interlocal agreement for
the lighting of the cable bridge and, further, authorize the Mayor to
sign the agreement. Mr. Lathim seconded the motion. Motion carried
unanimously (Francik via proxy).
First Night, Tri-Cities Sponsorship:
MOTION: Mr. Garrison moved to authorize up to $5,000 cash expenses
for co-sponsorship of the 1998 First Night Tri-Cities event, provided the
Pasco Downtown Development Association is lead agency for the event.
Mr. Lathim seconded the motion. Motion carried unanimously (Francik
via proxy).
Authorization for 5th Police Sergeant Position:
MOTION: Mr. Garrison moved to authorize a fifth police sergeant
position and include the change in the 1998 Supplemental General
Fund Budget. Mr. Lathim seconded the motion. Motion carried
unanimously (Francik via proxy).
Professional Services Agreement for Organizational Study:
MOTION: Mr. Garrison moved to authorize the City Manager to
contract with Henderson Young and Company for the conduct of an
organizational study; with total expenses not to exceed $8,000. Mr.
Lathim seconded the motion. Motion carried unanimously (Francik via
proxy).
MISCELLANEOUS - INCLUDING SUGGESTIONS FROM COUNCIL:
Mr. Crutchfield reminded Council that their tour of the City on April 13,
1998, would begin at 5:30 p.m. and the workshop meeting may not start
until 7:30 p.m.
Mayor Kilbury recessed to an executive session for discussion of real
estate.
ADJOURNMENT:
further business, the meeting was adjourned at 7:34 P.M.
Charles D. Kilbury, M yor
ATTEST:
Catherine D. Seaman
Deputy City Clerk
PASSED and APPROVED this 20_ day of---April_, 1998.
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