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HomeMy WebLinkAbout07-16-1979 MinutesMINUTES PASCO CITY COUNCIL REGULAR MEETING CALL TO ORDER: JULY 16, 1979 Meeting called to order at 8:00 P.M. by the Honorable Chet Bailie, Mayor. ROLL CALL: By City Clerk. Councilmen present were: S.K. Adams, J.C. Bailie, Charles Grigg, Ira Schmidt, Gary Clark, E.A. Snider and Bill Wilkins. Also present were: Leland Kraft, City Manager; Dennis De Felice, City Attorney; Tom Criscola, Director of Finance; James Ajax, City Engineer; Richard Erickson, Director of Parks and Recreation; John Hager, Fire Chief; Ted Johnson, Assistant City Engineer and Gary Crutchfield, City Planner. CONSENT AGENDA: Mr. Snider moved that Consent Agenda be approved. Seconded by Mr. Wilkins. Motion carried by roll call vote of seven (7). Consent items are as follows: a) Approval of Minutes. Minutes of regular meeting, held July 2, 1979. b) Bills. To approve General Claims in the amount of $308,007.94; claim warrant nos. 20285 through 20427. c) Planning Services - Urban Park/Recreation Recovery Programs. To authorize staff to enter into an agreement with the ORB Organization for the preparation of a Preliminary Action Plan, as required by the Urban Park & Recreation Recovery Act, with the understanding that the cost for such a study shall not exceed $5,200, and with the further understanding that this expenditure will require a supplemental appropriation from the General Fund. d) Write Off of Past Due Ambulance Bills. To authorize staff to write off $21,660.60 of past due ambulance bills and turn these bills over to Washington Collectors for collection action. e) Resolution No. 1269: A Resolution accepting the work done by Sundance Engineering and Construction under Job No. 78-3-15, Wehe Avenue Storm Drain. PUBLIC HEARINGS: MAYOR BAILIE DECLARED THE PUBLIC HEARING OPEN TO HEAR APPLICATION OF LIBERTY THEATRE FOR CONTINUANCE OF A NON -CONFORMING USE: It was noted that the Hearing had been duly posted and Attorney for Petitioner notified. After reviewing plans submitted by the applicant, the City Planner offered the following comments: 1. The drawing indicates improvements to the east wall only; both the south and north walls should be treated in a manner complimentary to the east wall. 2. The proposed signing (as indicated on the drawing) appears to be an improvement; however, the total area of the proposed signing greatly exceeds the permitted by Section 16.32.040. According to this provision,of the Pasco Sign Code, the aggregate area of signing must not exceed 199 square feet. 3. As proposed in the drawing submitted, the sign reading "LIBERTY THEATRE" is substantially smaller than the sign reading "PLAYTIME". This dominance is made even greater by the logo (symbol). In order to meet the size limitatiot imposed by existing code provisions and to assure that the building signing is dominated by the words "LIBERTY THEATRE", the sign reading "PLAYTIME" and its logo should be substantially reduced in size. 4. The display windows on the east wall at approximately eye level (directly visible to passerbys) should be restricted from being used to display illust- rative materials. 5. A scaled drawing indicating the dimensions of all signs, the materials to be used for improving the north, south and east walls, should be submitted and the work depicted thereon should be completed in substantial compliance there- with within a reasonable period of time (such as one year). MINUTES -PASCO CITY COUNCIL REGULAR MEETING PUBLIC HEARINGS - Continued: JULY 16, 1979 Mr. Jack Burns, Attorney for applicant, was in attendance and staged his client would submit new drawings with some limitations. He urged that Council grant a longer period of time for conditional use permit than the ten years proposed, and suggested a compromise of fifteen years to offset cost of remodeling. Further, they would like eighteen (18) months to refinish facade. Discussion. ensued in regard to concern over painting north and south walls to enhance the looks of the building and continuing support of pigeon control problem. Mr. Grigg expressed concern over size of marquee and the fact that some people would consider large signing as offensive. Mr. Burns reiterated that he would have to discuss the Council's concerns with his client; however, he felt most could be adhered to. Following three (3) calls from Mayor Bailie for further comments from the floor, either for or against, the public hearing was declared closed. MAYOR BAILIE DECLARED THE PUBLIC HEARING OPEN TO HEAR REZONE REQUEST OF GLEN REEDER FOR LOTS 1. THROUGH 6, BLOCK 102, NP PLAT OF PASCO FROM I-1 to 1 -'2 - It was noted that the hearing had been duly published and posted. There were no adverse communications. The City Planner outlined area in question and stated Mr. Reeder was applying for a change of zone to accomodate his expanding business. Councilman Snider expressed a personal opinion discouraging any action by the City Council`if an applicant is not in attendance to answer questions. He concurred that Mr. Reeder had been a long time businessman and he, himself, would pose no problem for the City but there were some questions he would have liked to ask If Mr. Reeder were present. He suggested that staff notify applicants to be in attendance for City Council public hearings. Mr. Snider moved to continue public hearing of Glen Reeder until the next regular council meeting on August 6, 1979. Seconded by Mr. Clark. Motion carried by roll call vote of seven (7). (Staff will notify Mr. Reeder of meeting). MAYOR BAILIE DECLARED THE PUBLIC HEARING OPEN TO VACATE SOUTH 8TH AVENUE BETWEEN "C" STREET AND AINSWORTH: It was noted that the hearing had been duly published and posted. There were no written communications submitted. Mr. Jerry Larson, owner of adjacent property, was in attendance representing Mr. Derrick, applicant. -Mr -Derrick Derrick was requesting vacation of 8th Avenue between "C" Street and Ainsworth Avenues; however, an existing sewer line in 8th Avenue and an existing overhead electrical distribution line on the west line of 8th Avenue would require retention of two individual easements or a single full -width easement if 8th Avenue was to be vacated. It was the concensus of staff that vacation of 8th Avenue would require "C" Street to remain open to 9th Avenue. The intersection of 9th Avenue and Ainsworth, as presently platted, is not a desirable circulation pattern. They suggested that a better alternative would be to vacate "C" Street between 8th and 9th Avenues as well as the triangular portion between 9th and 10th Avenues. This alternative would require 8th and 9th Avenues to remain open. The following comment was received from Jim Ajax, City Engineer: "From a future traffic circulation standpoint, I would strongly recommend that the subject segment of 8th Street not be vacated. It is the first street easterly of 10th that can safely intersect Ainsworth." The City Attorney commented that the State Statute provides in order to vacate a street, there must be another petition or the council may initiate a Resolution of Intent to vacate street. Following three (3) calls from Mayor Bailie for further comments from the floor, either for or against, the public hearing was declared closed. MINUTES PASCO CITY COUNCIL REGULAR MEETING PUBLIC HEARINGS - Continued: JULY 16, 1979 MAYOR BAILIE DECLARED THE PUBLIC HEARING OPEN TO CONSIDER VACATING THE EAST/WEST ALLEY IN BLOCK 6, GANTENBEIN'S ADDITION: It was noted that the hearing had been duly published -and posted. There were no written communications received in opposition. Following three (3) calls from Mayor Bailie for further comments from the floor, either for or against, the public hearing was declared closed. MAYOR BAILIE DECLARED THE.PUBLIC HEARING OPEN ON SIX-YEAR STREET PROGRAM, 1980-85: Mr. James Ajax, City Engineer, enlightened the council on priority areas from 1980-85. He briefly detailed present overlay projects underway. Following three (3) calls from Mayor Bailie for further comments from the floor, either for or against, the public hearing was declared closed. ORDINANCES: ORDINANCE NO. 2073: RECESS: 9:05 (South 8th Avenue) RECONVENED: 9:15 AN ORDINANCE VACATING A PORTION OF SOUTH 8TH AVENUE IN THE CITY OF PASCO. Ordinance No. 2073 was read by title only. Mr. Snider moved to.REJECT Ordinance No. 2073. Seconded by Mr. Grigg. Motion carried by roll call vote of seven (7). ORDINANCE NO. 2074: (E/W Alley - Gantenbein's Addn.) AN ORDINANCE VACATING THE EAST/WEST ALLEY IN BLOCK.6, GANTENBEIN'S ADDITION TO PASCO. Ordinance No. 2074 was read by title only. Mr. Schmidt moved that Ordinance No. 2074 be adopted. Seconded by Mr. Snider. Motion carried by roll call vote of seven (7). ORDINANCE NO. 2075: AN ORDINANCE RELATING TO PARKING BY ENACTING NEW SECTION 10.56.111 OF THE PASCO MUNICIPAL CODE. Ordinance No. 2075 was read by title only. Mr. Snider moved that Ordinance No. 2075 be adopted. Seconded by Mr. Wilkins. Motion carried by roll call vote of seven (7). ORDINANCE NO. 2076: AN ORDINANCE RELATING TO THE DISPOSITION OF CERTAIN SPECIAL REVENUES RELATING TO MOTOR VEHICLES TO BE RECEIVED BY THE CITY'OF PASCO. Ordinance No. 2076 was read by title only. Mr. Snider moved that Ordinance No. 2076 be adopted. Seconded by Mr. Wilkins. Motion carried by roll call vote of seven (7). ORDINANCE NO. 2077: AN ORDINANCE PROVIDING FOR SALARIES OF THE MAYOR AND CITY COUNCILMEN AND FOR REIMBURSEMENT OF EXPENSES BY ENACTING NEW SECTIONS 2.16.010 AND 2.16.020 OF THE PASCO MUNICIPAL CODE AND REPEALING ORDINANCE NO. 1614. Ordinance No. 2077 was read by title only. Mr. Snider moved that Ordinance No. 2077 be adopted. Seconded by Mr. Wilkins. (Councilmen Snider and Wilkins favored increase due to rising cost of luncheons, travel, etc. Councilmen Grigg, Clark and Bailie expressed reluctance as a public servant) Motion FAILED by roll call vote of five (5). Councilmen Snider and Wilkins voting yes. 1 MINUTES PASCO CITY COUNCIL REGULAR MEETING ORDINANCES - Continued: JULY 16, 1979 ORDINANCE NO. 2078: (1st Reading) AN ORDINANCE IMPOSING AN EXCISE TAX ON ALL HOUSEHOLDS, BUSINESSES, AND INDUSTRIES IN THE CITY OF PASCO FOR THE PROVISION OF AMBULANCE SERVICE. Ordinance No. 2078 was read by title only. Mr. Grigg moved to table Ordinance No. 2078 to August 6, 1979, at which time a public hearing will be held to receive public input on the City imposing a tax for ambulance service. Seconded by Mr. Adams. Motion carried by roll call vote of six (6). Councilman Wilkins voting -no. (Mr: Schmidt will be out of town at the next regular meeting and wanted to register his "no" to this Ordinance). RESOLUTIONS: RESOLUTION NO. 1270: A RESOLUTION ADOPTING A REVISED AND EXTENDED COMPREHENSIVE STREET PROGRAM FOR THE CITY OF PASCO. Resolution No. 1270 was read by title only. Mr. Adams moved that Resolution No. 1270 be adopted. Seconded by Mr. Schmidt. Motion carried by roll call vote of seven (7). UNFINISHED BUSINESS: PETITION AGAINST TRAFFIC OUTLET ONTO WEST SHOSHONE FOR E.A. WHITE APARTMENTS: The following letter from Dennis De Felice, City Attorney, was read into the record for information of the Council: "At the workshop council meeting of July 9, 1979, I was asked if the City could deny the driveway access to the apartments referred to above. Given the situation as it now exists, specifically, the issuance of the building permit for the project, I believe that any attempt by the City to deny the access to the public street would be susceptible to a legal challenge by the apartment owners.' The only regulation of the subject matter, of which I am aware, contained in our code is in sections 12.04.100 and 12.04.120. These sections do not apply once the building permit has been issued. There is no other means of regulating access to a public street in our Code. To•simply deny the apartment complex access could very well involve the City having to pay compensation to the apartment owner." Mr. John Keltch stated for the record that the story that Mr. White paid Mr. Keltch $2,000 for one foot strip 6f land is completely untrue: Facts are Mr. White paid Mr. Keltch to hook on his water and sewer. The council listened to opposition from Charles Naab and Brenda Travis. SYLVESTER STREET (20th WEST TO BYPASS) SIDEWALKS: Mr. Adams moved to establish that, for those property owners who opt to have the City install the curb, gutter and sidewalk, the payments will be allowed to be spread over a 10 -year period at an interest rate not to exceed eight percent. Seconded by Mr. Snider. Motion carried by roll call vote of seven (7) NEW BUSINESS: AUTHORIZATION TO CALL FOR BIDS - STORM DRAIN - HOPKINS STREET (Rd. 28 to 24) AND ROAD 24 (Hopkins to Sylvester). Mr. Snider moved to authorize staff to call for bids .for storm drains on Hopkins Street (Rd. 28 to 24) and Road 24 (Hopkins Street to Sylvester Street)'. Seconded by Mr..Clark. Motion carried by roll call vote of seven (7) . MINUTES PASCO CITY COUNCIL REGULAR MEETING NEW BUSINESS - Continued: HUGO STREET/SYCAMORE WATER LINE L.I.D. NO. 105 - BID 79-2-04: Mr. Snider moved to award the construction Water Line L.I.D. No. 105 to the low bidder, Mahaffey $16,027.50, which excludes sales tax and, further, to execute the contract documents on behalf of the City. Motion carried by roll call vote of seven (7). JULY 16, 1979 RESULTS - CITY PROJECT contract for the Hugo/Sycamore Excavation, in the amount of authorize the Mayor to Seconded by Mr. Wilkins. ACTION ON LIBERTY THEATRE: Mr. Snider moved to approve application for of a non- conforming use subject to: continuance 1. Approval of plans and specifications submitted.with the petition for the continuance of a non -conforming use, as amended at this Council Meeting; further, with the requirement that a copy of the plans, as amended, be provided to the City Planner and Building Inspector before the issuance of a building or sign permit. 2. To authorize the facade to be refaced within twelve (12) months of July 16, 1979, in accordance with the approved plans and specifications, as amended. 3. To permit only film titles of coming attractions to be displayed only in encased enclosures placed at average eye level on the facade of the building, with the further stipulation that no drawings, pictures, or other illustrative material will be displayed in such enclosures or anywhere else on the facade of the building. The restrictions that apply to encased enclosures also apply to anything visible to passerbys standing outside the building. 4. To prohibit individuals under the age of 18 years on the theatre premises during exhibition of adult movies. 5. To require a continuing effort to eliminate the pigeon problem in the vicinity of the theatre by participating in the pigeon control program administered jointly by the Pasco Chamber of Commerce and the City of Pasco. 6. To prohibit any siggestive titles in the display cases on the facade of the building providing, further, that the petitioners shall make changes on titles if they can be made without interfering with the copyright name of the motion picture. 7. To understand that no unlawful prostitution is allowed, encouraged, or permitted, on or within the premises, nor are prostitutes allowed, en- couraged, or permitted to solicit individuals on the premises for unlawful acts of prostitution on or off the property and, for this purpose, the petitioner gives the City of Pasco a reasonable right of entry to assure that this prohibited activity does not take place. 8. To require that the promotional material on the reader board sign on the facade of the building shall be limited to giving the name of the theatre and a designation or identification that adult films are showing, and stating the days and hours of its operation. 9. To prohibit the petitioner from exhibiting pictures or any adult erotic material which depicts beastiality or depicts explicit sexual acts involving pre -adolescent individuals. 10. The dismissal of the lawsuit in the United States District Court for the Eastern District of Washington against the City of Pasco, its officers and employees. 11. To confirm that the continuation of the non -conforming use permit will run only to the Corporation that now owns the building and which Corporation was the petitioner for the continuation of the non -conforming use permit; or to a successor Corporation which, at the time of transfer, was wholly owned by Roger Forbes, or in which Roger Forbes was a majority stock holder. 12. To acknowledge that this non -conforming use permit shall be effective for ten (10) years from the date of approval, as shown below, providing that if' the present use of the building is abandoned or voluntarily discontinued for thirty (30) days or more, then the non -conforming use permit shall be null and void; and providing further that any violation of the terms of this permit shall constitute cause for the City Council of the City of Pasco after public hearing, to consider the violation on its merits and to take appropriate remedies, including revocation of the non -conforming use permit. MINUTES PASCO CITY COUNCIL REGULAR MEETING NEW BUSINESS - Continued: JULY 16, 1979 LIBERTY THEATRE - Continued: Seconded by Mr. Clark. Motion carried by roll call vote of seven (7). MISCELLANEOUS - INCLUDING SUGGESTIONS FROM COUNCIL: TREES ON NORTH 4TH: Mr. James Ajax, City Engineer, gave a brief presentation of North 4th Avenue widening process. He cited that in some instances trees would have to be removed from planter strips in order to effectively complete project. He suggested re -locating trees to. Clark Street so that no beautification is lost to the community. Council directed Mr. Ajax to follow his best judgement. PROPOSED RESOLUTION OF INTENT - BEAUTIFICATION: Mr. Grigg requested that staff prepare a Resolution requesting the Corps of Engineers to accelerate Beautification Project along the dike, as presented in October, 1978. CONVENTION CENTER REPORT: The City Manager reported that there will be a report on proposed convention center at 8:00 P -.M.; August 29, 1979. Theie',s'a possibility another site might be -considered in the event of -'a -large anticipated crowd. ADJOURNMENT: Meeting adjourned at 10:20 P.M. J.C. "Chet" Bailie, Mayor ATTEL: Evelyn' Wells, City Clerk t PASSED and APPROVED this__(a day of 1979. 1