Loading...
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. - 1- MINUTES 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? -2- MINUTES 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 -3- MINUTES 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). -4- MINUTES 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. -5-