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HomeMy WebLinkAbout04-05-1977 MinutesMINUTES PASCO CITY COUNCIL REGULAR MEETING APRIL 5, 1977 CALL TO ORDER: -- ­Meeting called to order -at -•8•:100 P.M. by Mayor Pro-Tem,;-J.C. Bailie. ROLL CALL: By Deputy City Clerk. Councilmen present were: S.K. Adams, J.C. Bailie, Vernon Schuelein, David Sheeley, E.A. Snider; Jan Tidrick (9:45 P.M.) and Bill Wilkins. Also present were: George Smith, City Manager; Leo Olney, Director of Finance; Pat Roach,•City­Attorney; James Ajax, -Director of Community Devel-opment Al Tebaldi, Chief of Police; Webster Jackson, EEO Officer; Richard Erickson, Director of Parks & Recreation; Sam Baxter, Assistant Director Buildings/Grounds, and Michael Corcoran, City Planner. CONSENT AGENDA: Mr. Sheeley moved to approve Consent Agenda, minus Item No. 6-c. Seconded by Mr. Wilkins. Motion carried by roll call vote of six (6). Consent items are as follows: a) Approval of Minutes. Minutes of regular meeting, held March 15, 1977. b) Bills & Communications. General Claims in the amount of $226,465.83; Claim Warrant Nos. 11733 through 11877. Payroll Claims in the amount of $230,958.91; Payroll Warrant Nos. 14228 through 14764. PUBLIC HEARINGS: MAYOR PRO TEM BAILIE DECLARED THE PUBLIC HEARING OPEN FOR THIRD AND FINAL TIME ON 1977 BLOCK GRANT APPLICATION: It was reported that the Hearing had been duly published and posted. There were no written communications to be read. Mr. Jeff Hendler, representing Park Board, Kiwanis and Jaycees, urged the Council to allocate a portion of Block Grant Funds to a new Senior Citizens Center. He felt the City could get matching State and Federal funds, if needed. Mr. Snider asked if they had any estimates on construction costs. Mr. Erickson replied that original estimate had been approximately $500,000, but that was over 18 months ago. Mrs. Mary Oversby reminded the Council that she had been working for senior citizens c) Resolution No. 1078: A Resolution of the City of Pasco authorizing the down flights of stairs. City to enter into a contract with Benton -Franklin Probation Service, Inc. d) Resolution No. 1079: A Resolution of the City of Pasco authorizing the this is not recommended City to enter into a contract with the Tri Cities Visitor & Convention Bureau. e) Resolution No. 1080: A Resolution of the City of Pasco authorizing the City to enter into a contract with the Pasco Chamber of Commerce. PUBLIC HEARINGS: MAYOR PRO TEM BAILIE DECLARED THE PUBLIC HEARING OPEN FOR THIRD AND FINAL TIME ON 1977 BLOCK GRANT APPLICATION: It was reported that the Hearing had been duly published and posted. There were no written communications to be read. Mr. Jeff Hendler, representing Park Board, Kiwanis and Jaycees, urged the Council to allocate a portion of Block Grant Funds to a new Senior Citizens Center. He felt the City could get matching State and Federal funds, if needed. Mr. Snider asked if they had any estimates on construction costs. Mr. Erickson replied that original estimate had been approximately $500,000, but that was over 18 months ago. Mrs. Mary Oversby reminded the Council that she had been working for senior citizens Mr. Webster Jackson, Block Grant Coordinator, reminded the Council that they would have to have a location for Senior Citizen Center if they were going to apply for Block Grant Funds. To this, Mr. Erickson replied that they were considering two (2) locations; namely, an addition to the present Community Center Building, and (2) on land a block north of Court House. Mr. Joe Balthazor stated they needed a building orientated for senior citizens. The City Attorney countered by stating that the building would have to be built for all citizens or it would be in violation. Mrs. Mary Simonton reminded the Council that Senior Citizens were people 50 years or older. for a long time and was concerned that they no longer had a room for blood pressure checks; further, due to various health problems, the Seniors could not go up and down flights of stairs. She also suggested an extension of storm drain in East Pasco on Alvina and Wehe Streets connected to Lewis Street. Mr. Wilbur Skinner was concerned over health conditions when you connect a storm sewer into a sanitary sewer facility. The City Manager responded by stating that this is not recommended practice; however, it is done in many cities. Mr. Webster Jackson, Block Grant Coordinator, reminded the Council that they would have to have a location for Senior Citizen Center if they were going to apply for Block Grant Funds. To this, Mr. Erickson replied that they were considering two (2) locations; namely, an addition to the present Community Center Building, and (2) on land a block north of Court House. Mr. Joe Balthazor stated they needed a building orientated for senior citizens. The City Attorney countered by stating that the building would have to be built for all citizens or it would be in violation. Mrs. Mary Simonton reminded the Council that Senior Citizens were people 50 years or older. MINUTES PASCO CITY COUNCIL REGULAR MEETING PUBLIC HEARING - Continued: APRIL 5, 1977 Mr. James Siegel expressed concern that there were no parks in the north part of town as well as the Port area and he felt some consideration should be given to this. Mr. Wilkins asked if block grant money could be used to subsidize L.I.D's as the streets in his area are in dire need of improvement; further, that an L.I.D. had been defeated there before due to cost of improvement. Mrs. Mary Oversby responded to Mr. Wilkins by stating that she had worked to defeat the previous L.I.D. because many people in that area were in danger of losing their homes if they had to incur the cost of an L.I.D. Mr. Schuelein asked how the bicycle paths were coming along? Mr. Erickson replied they were hoping to eventually have bicycle paths from Chiawana Park to Sacajawea Park. Mrs Hazel Warner supported Senior Citizen Center. Following three (3) calls from Mayor Pro Tem Bailie, the Public Hearing was declared closed. MAYOR PRO TEM BAILIE DECLARED THE PUBLIC HEARING OPEN ON EISEMAN COMPREHENSIVE PLAN AMENDMENT 77-1-C: (Continued from March 15, 1977) Mr. Mark Kuffel, attorney for Mr. Eiseman, was present on his client's behalf. He asked Council's permission to address both the comprehensive plan request and zone change as it was difficult to cite circumstances without encompassing both. Council agreed to this request. ,-.-Mr,. Kuffel made a drawing of 1 ewis Street on the -blackboard, showing existing properties on both sides of the street. He called attention to the fact that most of the businesses were non-existent now and very little residential area to have any conflict with. He encouraged the Council to consider both the comprehensive plan change and zone change request as a deterrent to deterioration, as well as an incentive for future growth in the area. The following exerpts were taken from memorandum submitted by Michael Corcoran, City Planner: ...."The Comprehensive Plan proposed that commercial development occur along East Lewis Street with industrial uses centering about existing trucking terminals and industrial enterprises west of Wehe Avenue, north of "A" Street and south of Lewis Street and, south of "A" Street and east of Cedar Avenue. Proposed Analysis: Once a comprehensive pian is `adopted, changes in tWplan should be made only when such changes are consistent with the overall purpose of the plan, and in keeping with changes in the character of surrounding uses. The City has a duty to protect the rights of ajoining property owners. Changes in the comprehensive plan development plan are not viewed with the presumption of regularity and the City must prove that changes justified its action in o.., ..,;,rezoning. If app:rovaJ..,of the requested plan _amendment is considered a "sketch° plan for development of the greater area should be adopted including other properties intended for development as industrial to preclude what, in effect, would be spot zoning. Spot zoning would occur if a rezone relieves a tract from restrictions shared by surrounding properties provided the tract is suitable for the zoned use. A comprehensive development plan amendment and a subsequent zone change would be of benefit generally to the City rather than a personal benefit to the property owner requesting such change. Staff Recommendation: Based on the foregoing analysis, staff recommends denial of the application."... Mr. Snider expressed concern over percentage amount property owners could improve their property in the event of a change. Mr. Corcoran concurred the amount as 25% of assessed valuation. Mr. Sheeley stated that if I-1 allowed foundaries and processing plants, it could be a deterrent to other development. Mr. Adams asked what the time table was for revising comprehensive plan. Staff re- plied a minimum of six months. MINUTES PASCO CITY COUNCIL REGULAR MEETING PUBLIC HEARING - Continued: APRIL 5, 1977 Mr. Wilbur Skinner asked, "don't people get to vote on this - there are quite a few churches in the ares." It was reported that the Hearing had been properly published and posted. There were no written communications from the Public. Mr. Snider asked Mr. Marquez if he were willing to accept I-1 or C-3 zoning? The reply was affirmative. Mr. Ajax read the following excerpts into the record from Board of Adjustment minutes, dated April 28, 1976: "Secretary read the application for a temporary use permit, as submitted by David Marquez, and advised the Board that notice of this public hearing had been made by mail to'all property owners within 300 feet of the parcel. Two of these letters had been returned by the post office as "unable to deliver." No other correspondence had been received. Hearing then opened. David Marquez stated he and his brother were preparing to open a farm trailer manufacturing shop and a retail outlet. They had an option on some property in the industrial zone, but the lease fell through. They now have option on the property at 2411 E. Lewis which is a commercial zone. Their request is to use this property for manufacturing as well as retail for a six-month period. They are now looking at some industrial property and should have their shop built on it within the six month period." more Mr..Marquez stated his business was now orientated toward auto and truck repair and less on the farm manufacturing; therefore, C-3 zoning would help him. Following three (3) calls from Mayor Pro Tem Bailie for further comments from the floor, either for or against, the Public Hearing was declared closed. (It was concurred that due to similarity of Eiseman and Marquez requests, it had been discussed quite thoroughly in first public hearing). MAYOR PRO TEM BAILIE DECLARED THE PUBLIC HEARING OPEN FOR LEHIGH PORTLAND CEMENT COMPANY SHORELINE MANAGEMENT VARIANCE APPLICATION: It was reported that the Hearing had been duly published and posted. There were no adverse communications: Mr. Michael Corcoran, City Planner, submitted the following staff review for benefit of the City Council: "The questions the City Council must address in this matter include: 1) Is the hardship which serves as a basis for granting a variance specifically related to the property of the applicant? The subject property is currently zoned I-1 light industrial and is comprehensively planned to develop as industrial. The proposed location of the storage bin is situated in the Port of Pasco's Big Pasco Industrial Park. Under present zoning code regulation of the I-1 Light Industrial zoning district, there is no maximum height restriction fo.r• constructi on of bu i 1 dings . ­ -Ba-sed on these cri terra a hardship exists because the applicant is being denied the use of land which is enjoyed by other property owners or lessees in the same zone and in the immediate area. Staff concurred that they had received one protest in writing from Donald Smith, 132 S. Hugo. Following three (3) calls from Mayor Pro Tem Bailie for further comments from the floor, either for or against, the Public Hearing was declared closed. MAYOR PRO TEM BAILIE DECLARED THFContinued�ARING OPEN ON MARQUEZ COMPREHENSIVE PLAN AND ZONE CHANGE REQUEST. l It was reported that the Hearing had been properly published and posted. There were no written communications from the Public. Mr. Snider asked Mr. Marquez if he were willing to accept I-1 or C-3 zoning? The reply was affirmative. Mr. Ajax read the following excerpts into the record from Board of Adjustment minutes, dated April 28, 1976: "Secretary read the application for a temporary use permit, as submitted by David Marquez, and advised the Board that notice of this public hearing had been made by mail to'all property owners within 300 feet of the parcel. Two of these letters had been returned by the post office as "unable to deliver." No other correspondence had been received. Hearing then opened. David Marquez stated he and his brother were preparing to open a farm trailer manufacturing shop and a retail outlet. They had an option on some property in the industrial zone, but the lease fell through. They now have option on the property at 2411 E. Lewis which is a commercial zone. Their request is to use this property for manufacturing as well as retail for a six-month period. They are now looking at some industrial property and should have their shop built on it within the six month period." more Mr..Marquez stated his business was now orientated toward auto and truck repair and less on the farm manufacturing; therefore, C-3 zoning would help him. Following three (3) calls from Mayor Pro Tem Bailie for further comments from the floor, either for or against, the Public Hearing was declared closed. (It was concurred that due to similarity of Eiseman and Marquez requests, it had been discussed quite thoroughly in first public hearing). MAYOR PRO TEM BAILIE DECLARED THE PUBLIC HEARING OPEN FOR LEHIGH PORTLAND CEMENT COMPANY SHORELINE MANAGEMENT VARIANCE APPLICATION: It was reported that the Hearing had been duly published and posted. There were no adverse communications: Mr. Michael Corcoran, City Planner, submitted the following staff review for benefit of the City Council: "The questions the City Council must address in this matter include: 1) Is the hardship which serves as a basis for granting a variance specifically related to the property of the applicant? The subject property is currently zoned I-1 light industrial and is comprehensively planned to develop as industrial. The proposed location of the storage bin is situated in the Port of Pasco's Big Pasco Industrial Park. Under present zoning code regulation of the I-1 Light Industrial zoning district, there is no maximum height restriction fo.r• constructi on of bu i 1 dings . ­ -Ba-sed on these cri terra a hardship exists because the applicant is being denied the use of land which is enjoyed by other property owners or lessees in the same zone and in the immediate area. MINUTES PASCO CITY COUNCIL REGULAR MEETING SHORELINE PUBLIC HEARING - Continued: APRIL 5, 1977 2) Does the hardship result from the application of the requirements of the Act and Master Program and not from, for example, deed restrictions of the applicant's own actions? Yes, the hardship results from application of the requirements of the Act and Master Program requirements. Again, the land is zoned I-1 Light Industrial which has no maximum height restriction and is comprehensively planned to develop in the Comprehensive Plan as Industrial. There are no deed restrictions and the hardship is not of the applicant's own action. 3) Will the variance, if granted, be in harmony with the general purpose and intent of the Master Program? Yes, the subject area is assigned the designation Urban Environment to insure optimum utilization of shoreline occuring within urbanized areas by providing for intensive public use. The urban environment is an area of high intensity land use including industrial development. Similar uses in terms of building or structure size and height, such as grain elevators or petroleum unloading facilities are permitted outright with a shoreline permit as water oriented uses. Warehousing and storage facilities are permitted uses in industrially zoned shoreline areas. 4) Will other applicable regulations be violated, abrogated or ignored? The proposed development will be in conformance with other applicable regulations. 5) Will the public welfare and interest be preserved? Will more harm be done to the area by granting the variance than would be done to the applicant by denying the variance? Approval of the requested height variance will allow development of a Port related industry. The proposed use is permitted per zoning code regulation. There would be no apparent harm to the area by allowing such development in an existing Industrial Park. ENVIRONMENTAL REVIEW: The granting of variances based on special circumstances, not including economic hardship, applicable to the subject property, such as location or surroundings size, slope,.topography and not resulting in any change in land use or density are.categorically exempted from the threshold determination and EIS requirements of SEPA. Mr. Snider moved that a hardship is apparent and that the variance requested by Lehigh Portland Cement Company from the 35 foot maximum height regulation be granted based upon the findings of fact and information contained in the staff analysis for File No. 77 -10 -SMV. Seconded by Mr. Sheeley. Motion carried by roll call vote of six (6). ORDINANCES:, ORDINANCE NO. 1844: AN ORDINANCE AMENDING ORDINANCE NO. 1120, BEING AN ORDINANCE ADOPTING A COMPREHENSIVE PLAN FOR THE CITY OF PASCO AS A POLICY STATEMENT, TO BE USED AS A GUIDE FOR THE DEVELOPMENT AND REDEVELOPMENT OF THE CITY OF PASCO. Ordinance No.- 1844 was read by title only. Mr. Snider moved that Ordinance No. 1844 be adopted. Seconded by Mr. Schuelein. Motion FAILED by roll call vote of six (6). MINUTES PASCO CITY COUNCIL REGULAR MEETING ORDINANCES - Continued: APRIL 5, 1977 ORDINANCE NO. 1845: AN ORDINANCE CHANGING THE ZONE CLASSIFICATION OF CERTAIN REAL PROPERTY WITHIN THE CITY OF PASCO FROM RETAIL BUSINESS C-1, GENERAL BUSINESS C-3 OR LIGHT INDUSTRIAL I-1. Ordinance No. 1845 was read by title only. Mr. Sheeley moved to DENY Ordinance No. 1845. Seconded by Mr. Schuelein. Motion carried by roll call vote of six (6). ORDINANCE FAILS. ORDINANCE NO. 1846: AN ORDINANCE AMENDING ORDINANCE NO. 1120, BEING AN ORDINANCE ADOPTING A COMPREHENSIVE PLAN FOR THE CITY OF PASCO AS A POLICY STATEMENT, TO BE USED AS A GUIDE FOR THE DEVELOPMENT AND REDEVELOPMENT OF THE CITY OF PASCO. Mr. Snider moved to adopt Ordinance No. 1846. Seconded by Mr. Schuelein. Motion FAILED BY ROLL CALL VOTE OF FIVE (5). Councilman Adams voting yes. ORDINANCE NO. 1847: AN ORDINANCE CHANGING THE ZONE CLASSIFICATION OF CERTAIN REAL PROPERTY WITHIN THE CITY OF PASCO FROM RETAIL BUSINESS C-1 TO GENERAL BUSINESS C-3. Ordinance No. 1847 was read by title only. Mr. Sheeley moved to adopt Ordinance No. 1847. Seconded by Mr. Snider. MOTION FAILED BY ROLL CALL VOTE OF 3-3. Yes: Sheeley, Snider, Adams NO: Bailie, Schuelein, Wilkins. Mr. Sheeley moved that Ordinance No. 1847 be reconsidered at the next regular Council Meeting. Seconded by Mr. Snider. Motion carried by roll call vote of six (6). ORDINANCE NO. 1848: AN ORDINANCE ESTABLISHING CONSOLIDATED LOCAL IMPROVEMENT DISTRICT NO. 93 et al, AND "CONSOLIDATED LOCAL IMPROVEMENT DISTRICT NO. 93 et al. BOND REDEMPTION FUND;" FIXING THE AMOUNT, FORM, DATE, INTEREST RATE, COVENANTS, MATURITY AND DENOMINATION OF THE CONSOLIDATED LOCAL IMPROVE- MENT DISTRICT NO. 93 et al. BONDS, AND DIRECTING THE ISSUANCE AND SALE THEREOF TO FOSTER & MARSHALL INCE.. OF SEATTLE, WASHINGTON. Ordinance No. 1848 was read by title only. Mr. Sheeley moved that Ordinance No. 1848 be adopted. Seconded by Mr. Schuelein. Motion carried by roll call vote of six (6). RESOLUTIONS: RESOLUTION NO. 1081: A RESOLUTION OF INTENT OF THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, TO CREATE THE QUARTER SECTION L.I.D. BOUNDED BY 14TH, COURT, 5TH AND THE BYPASS HIGHWAY. Resolution No. 1081 was read by title only. Mr. Sheeley moved to adopt Resolution No. 1081. Seconded by Mr. Snider. Motion carried by roll call vote of five (5). Councilman Adams voting no. RESOLUTION NO. 1082: A RESOLUTION OF THE CITY OF PASCO AUTHORIZING THE MAYOR TO SIGN AN ADDENDUM TO THE COMMERCIAL CONCESSION AGREEMENT BETWEEN THE CITY OF PASCO AND WATER WORLD MARINA, INC. AND GUARANTEE OF PERFORMANCE AND INDEMNITY AGREEMENT. Resolution No. 1082 was read by title only. Mr. Sheeley moved that Resolution No. 1082 be adopted. Seconded by Mr. Wilkins. Motion carried by roll call vote of six (6). MINUTES PASCO CITY COUNCIL REGULAR MEETING APRIL 5, 1977 RESOLUTIONS - Continued: RESOLUTION NO. 1083: A RESOLUTION FIXING A TIME FOR A PUBLIC HEARING TO VACATE A CERTAIN STREET WITHIN THE CITY OF PASCO. Resolution No. 1083 was read by title only. Mr. Sheeley moved to adopt Resolution No. 1083. Seconded by Mr. Wilkins. Motion carried by roll call vote of six (6). RESOLUTION NO. 1084: A RESOLUTION OF THE CITY OF PASCO RELATING TO AN INTER -TIE BETWEEN THE CITY OF PASCO AND THE CITY OF KENNEWICK WATER SYSTEMS. Resolution No. 1084 was read by title only. Mr. Sheeley moved to adopt Resolution No. 1084. Seconded by Mr. Wilkins. Motion carried by roll call vote of five (5). Councilman Bailie voting no. MAYOR TIDRICK ARRIVED AT 9:45 P.M. Mr. Sheeley moved to reconsider Ordinance No. 1847 and asked Clerk to read by title only. Seconded by Mr. Snider. Clerk read Ordinance No. 1847 by title. Motion to reconsider carried by roll call vote of seven (7). Mr. Snider moved to adopt Ordinance No. 1847. Seconded by Mr. Sheeley. Motion FAILED by the following roll call vote. YES: Adams, Sheeley, Snider NO: Bailie, Schuelein, Tidrick and Wilkins. At this time, Councilman Wilkins expressed concern as to why Ordinance No. 1847 had failed. Following explanation, Mr. Wilkins stated that he had intended to vote for passage and misunderstood motion. Mr. Wilkins moved to reconsider Ordinance No. 1847 at next regular meeting of the City Council. Seconded by Mr. Sheeley. Motion carried by roll call vote of seven (7). UNFINISHED BUSINESS: CARPET FOR LIBRARY: Mr. Adams moved to concur with Staff recommendation and award bid for carpeting to Spectrum in the amount of $9,899.99; further, to amend low bid to include approximately $1,900 to carpet the Conference Room of the Library. Seconded by Mr. Tidrick. Motion carried by roll call vote of seven (7). SUGGESTIONS FROM COUNCIL - GENERAL DISCUSSION: Mr. Erickson, Director of Parks & Recreation, introduced MR. SAM BAXTER, the new Assistant Director of Buildings and Grounds. The City Manager called attention to increase in City Insurance (Approx. $33,000) and stated that an Ordinance would have to be drawn up to allocate this expenditure. Mr. Sheeley moved that staff be authorized to proceed. Seconded by Mr. Tidrick. Motion carried by roll call vote of seven (7). APPOINTMENT: Mr. Snider moved to appoint MR. DARWIN MURRAY to the Board of Adjustment, term of office expiring November 19, 1977. Seconded by Mr. Sheeley. Motion carried. SUGGESTION FROM STAFF: Mr. Tidrick moved to concur with memorandum from staff in regard to Juvenile Fishing Pond. Seconded by Mr. Snider. Motion carried. ADJOURNMENT: Meeting adjourned at 10:20 P.M. ATTESir— r"On /1/.C. BAILIE, MAYOR PRO TEM EVECYtd-td=, DEPUTY CITY CLERK PASSED AND APPROVED THIS__DAY OF 1977.