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Home My WebLink About09-21-1981 MinutesMINUTES PASCO CITY COUNCIL REGULAR MEETING SEPTEMBER 21, 1981 CALL TO ORDER Meeting called to order at 8 00 P M by the Honorable E A Snider, Mayor ROLL CALL By City Clerk Councilmen present were S K Adams, Gary Bosch, Beverly Green, Ira Schmidt, E A Snider and Bill Wilkins Councilman Charles Grigg was -absent from the meetingli(excused) Also present were Webster Jackson, Acting City Manager (Lee Kraft on vacation), Greg Rubstello, City Attorney, Larry Noland, Finance Director, James Ajax, City Engineer, Dick Erickson, Director of Parks and Recreation, Gary Crutchfield, Director of Community Development, Ken Neilsen, Data Processing Supervisor and Al Lobdell, Associate Engineer CONSENT AGENDA Mr Schmidt moved to approve Consent Agenda Seconded by Mr Wilkins Motion carried by roll call vote of six (6) Consent items are as follows a) Approval of Minutes To approve minutes of regular meeting, held September 8, 1981 b) Bills To approve General Claims in the amount of $173,891 50, claim warrant nos 28486 through 28647 c) Hearing Date -.Proposed Utility Rate Increases, Adjustments and Establishment of Utility Fees To set a public hearing date for 8 00 P M Monday, October 5, 1981, in the Council Chamber on the proposed utility rate adjustments and the establishment of utility fees Resolution No 1449 A Resolution accepting the right of public access to a private sidewalk from Richard B Stout e) Resolution No 1450 A Resolution accepting the right of public access to a private sidewalk from Robert Palmquist Resolution No 1451 A Resolution accepting the right of public access to a private sidewalk from James A Britton g) Resolution No 1452 A Resolution for the acceptance of work by A-J Corporation, Pasco Municipal Golf Course and commencement of 30-day lien, except for $20,200 of remaining work Public Hearing for Revenue Sharing To fix 8 00 P M , Monday, October 5, 1981, as the time and date to conduct a public hearing on proposed use Entitlement Period Thirteen Revenue Sharing Funds VISITORS There were no visitors wishing to address the council at this time PUBLIC HEARINGS MAYOR SNIDER DECLARED THE PUBLIC HEARING OPEN FOR THE PURPOSE OF RECEIVING CITIZEN INPUT ON RAISING THE UTILITY TAX FROM 7% TO 8% It was noted that the hearing had been duly published as required by Law Mr Webster Jackson, Acting City Manager, called attention to memo from Finance Director, requesting that action on proposed Utility Tax Ordinance be continued to workshop session of the City Council as Pacific Northwest Bell contends that the Ordinance, as written, would crea t e a double taxation for them in 1982 Mayor Snider and Councilman Bosch both concurred that this item of business should definitely be referred back to a workshop session of the City Council Mr Bob McFarland, opposed the proposed increase on the basis that there are increases in utilities every year, and in reality, the proposed 1% increase would actually be 15% increase MINUTES PASCO CITY COUNCIL REGULAR MEETING SEPTEMBER 21, 1981 PUBLIC HEARING - Continued MR Adams moved to continue hearing until Monday, October 5, 1981 at 8 00 P M Seconded by Mr Wilkins Motion carried by roll call vote of six (6) ORDINANCES III ORDINANCE NO 2300 AN ORDINANCE AMENDING CHAPTER 5 32 OF THE PASCO MUNICIPAL CODE WHICH PROVIDES FOR A UTILITIES LICENSE AND OCCUPATION TAX, THE COLLECTION OF SUCH TAX, AND DEFINES OFFENSES AND PRESCRIBES PENALTIES BY SUBSTITUTION OF ALL SECTIONS OF THE SAME WITH THE PROVISIONS OF THIS ORDINANCE WHICH SAID CHAPTER 5 32 PROVIDES FOR THE ESTABLISHMENT OF A RESERVE FUND FOR OVERLAYING OR SEALING ASPHALTIC CONCRETE STREET, FOR FUNDING OF THE RESERVE FUND AND, FURTHER, PRO- VIDING FOR THE PROPER ADMINISTRATION OF THE PROVISIONS HEREOF Ordinance No 2300 was read by title only Mr Schmidt moved to defer action on Ordinance No 2300 until October 5, 1981 Seconded by Mrs Green Motion carried by roll call vote of six (6) PUBLIC HEARING MAYOR SNIDER OPENED PUBLIC HEARING TO CONSIDER PLANNING COMMISSION'S RECOMMENDATIONS REGARDING PRELIMINARY PLAT OF A REPLAT OF LOTS 1 - 5, BLOCK 6, DESERT WIND ESTATES I (File #81-40-PP). It was noted that the hearing had been published as required by Law Property owners within 300 feet had been sent notices of hearing Councilman Gary Bosch was excused from the room due to conflict of interest Mr Gary Crutchfield stated this involved the east half only and the proposal would allow for average lot widths of 35 feet, whereby each approximately 70' frontage would contain two (2) attached dwelling units under a single roof The common lot line would be the point at which the two units would share a common wall The effect of this proposal would be to create smaller parcels whereby fee simple ownership would apply to the lot and dwelling unit (that portion of the structure located on the smaller lot ) From all outward appearances, each structure will appear to be a duplex, but the common wall and lot line allow the sale of each "side" for ownership-occupied units as opposed to renter occupied The proposal is similar to development that is permitted under the existing Planned Density Designation, the basic difference being reduced lot size and fee simple ownership for each lot and dwelling unit located upon it One of the recommended conditions requires Peyote Drive to be "overlayed" subsequent to completion of the utility service improvements (which will require cutting of the street) The applicant has identified an alternative condition to cover this matter and the City Engineer has indicated his approval of the modified provision, rather than overlay Peyote Drive, the street cuts necessary for utility service modifications can be patched if all owners of property abutting Peyote Drive (in that block) agree, in writing, to accept the patches in lieu of overlay RESOLUTION NO 1453 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF DESERT SANDS ( A REPLAT OF LOTS 1 - 5, BLOCK 6, DESERT WIND ESTATES I) AND SETTING FORTH THE SPECIFIC CONDITIONS UNDER WHICH THE FINAL PLAT OF DESERT SANDS MAY BE PREPARED Resolution No 1453 was read by title only Mrs Green moved to approve Resolution No 1453, conditionally approving the replat of Lots 1 - 5, Block 6, Desert Wind Estates I Seconded by Mr Wilkins Motion carried by roll call vote of five (5) Mr Bosch abstained 1 J I I MINUTES PASCO CITY COUNCIL REGULAR MEETING ORDINANCES ORDINANCE NO 2259 (DNR Rezone - Previously Tabled) AN ORDINANCE RELATING TO ZONING AND CHANGING THE ZONE CLASSIFICATION OF CERTAIN REAL PROPERTY IN THE CITY OF PASCO FROM RT (RESIDENTIAL TRANSITION) TO C-1 (RETAIL BUSINESS) SEPTEMBER 21, 1981 Ordinance No 2259 was read by title Mr Adams moved to adopt Ordinance No 2259, granting the DNR Rezone from R-T to C-1 Seconded by Mr Schmidt Motion carried by roll call vote of five (5) Councilmen Green and Bosch voting no ORDINANCE NO 2301 AN ORDINANCE ACCEPTING A QUIT CLAIM DEED FROM LeROE AND NANCY A STRODE FOR PROPERTY TO PROVIDE SUITABLE WIDTH OF PUBLIC ACCESS ON ROAD 26 IN PASCO Ordinance No 2301 was read by title only Mr Adams moved to adopt Ordinance No 2301, accepting a Quit Claim Deed for property on Road 26 at Sylvester Street from LeRoe and Nancy Strode Seconded by Mr Wilkins Motion carried by roll call vote of six (6) ORDINANCE NO 2302 AN ORDINANCE PROVIDING FOR AN AD VALOREM TAX LEVY IN THE CITY OF PASCO IN ACCORDANCE WITH STATE LAW Ordinance No 2302 was read by title only Mr Schmidt moved to adopt Ordinance No 2302, providing for an Ad Valorem Tax Levy in the City of Pasco Seconded by Mr Wilkins Motion carried by roll call vote of five (5) Councilman Green voting no ORDINANCE NO 2303 AN ORDINANCE AMENDING THE UNIFORM BUILDING CODE AND CHAPTER 16 04 OF THE PASCO MUNICIPAL CODE BY PROVIDING THAT CERTAIN UTILITY SERVICE REQUIREMENTS BE A PREREQUISITE TO THE ISSUE OF A BUILDING PERMIT, BY FURTHER PROVIDING FOR EXCEPTIONS TO SUCH UTILITY SERVICE REQUIREMENTS AND CITY COUNCIL WAIVER ORDINANCE NO 2303 was read by title only Mr Schmidt moved to adopt Ordinance No 2303, to require certain utility services as a prerequisite to the issue of a building permit, by further providing for exceptions to such utility service requirements and City Council waiver Seconded by Mr Wilkins Gary Crutchfield stated that availability of City sewer service shall not be a prerequisite to a building permit in the following areas a) FCID Industrial Park Sub-division with I-1 or 1-2 zoning b) The Southeast Pasco Annexation Area, described in Ordinance No 2042 with I-1 or 1-2 zoning Main motion carried by roll call vote of five (5) Mrs Green voting no RESOLUTION NO 1454 A RESOLUTION ACCEPTING CONVEYANCE OF PUBLIC RIGHT OF WAY FOR PROPERTY ON ROAD 24, OWNED BY BETTY BLAKELY AND BEING PURCHASED BY DENNIS BARTHA Resolution No 1454 was read by title only Mr Schmidt moved to approve Resolution No 1454, accepting conveyance of public right of way for property on Road 24, owned by Betty Blakely and being purchased by Dennis Bartha Seconded by Mr Wilkins Motion carried by roll call vote of six (6) MINUTES PASCO CITY COUNCIL REGULAR MEETING SEPTEMBER 21, 1981 RESOLUTIONS - Continued RESOLUTION NO 1455 A RESOLUTION ACCEPTING THE QUIT CLAIM DEED FROM FRANKLIN COUNTY FOR LOTS 25, 26, and 27, BLOCK 12, GRAY'S AMENDED ADDITION TO PASCO Resolution No 1455 was read by title only Mr Schmidt moved to approve Resolution No 1455, accepting Quit Claim Deed from Franklin County for Lots 25, 26 and 27 of Block 12, Gray's Amended Addition to Pasco Seconded by Mr Wilkins Motion carried by roll call vote of six (6) NEW BUSINESS PLANNING COMMISSION DIRECTIVE - AUTO BODY SHOPS Mr Schmidt moved to direct the City Planning Commission to formulate a recommendation for amendment of Title 21 (Zoning) relating to auto body shops to clarify the intent of the long standing regulations and which minimizes the extent of existing developments which would be come non-conforming Seconded by Mr Bosch Motion carried by roll call vote of five (5) Mrs Green voting no QUIT CLAIM DEED FROM THE COUNTY FOR PARK LAND Mr Schmidt moved to refuse acceptance of deed and return with letter stating the conditions as unacceptable Seconded by Mr Bosch Motion carried by roll call vote of six (6) MISCELLANEOUS - INCLUDING SUGGESTIONS FROM COUNCIL OUTCOME OF BRIDGE DECISION The City Attorney gave a brief report on court hearing held in Spokane, Washington on demolition of Old Bridge He stated that nothing had been decided, however, bids would continue to be opened on September 22, 1981, but no award will be made until after continued hearing in Richland, Washington on September 30, 1981 If the Judge rules in favor of the cities, it is possible to award contract at October 5th meeting Mayor Snider commented that if it proves out that this injunction has a negative effect on the securing of bids, further, if the Judge rules in favor of the Cities of Kennewick and Pasco on September 30, 1981, that we seek legal damages from the individuals who instigated the suit As City Councilmen, he felt they should put the best interests of the citizens of Pasco as number one priority MEETINGS Mayor Snider asked for an alternate to sit in for him at the Parole & Probation Meeting, to be held at the Red Lion Motor Inn on September 23rd Mrs Green volunteered to serve Mayor Snider asked for an alternate to fill in for him at welcoming ceremony for State Jaycees on October 17, 1981 Ira Schmidt volunteered to serve ADJOURNMENT Meeting adjourned at 8 45 P M Evel n Wells, City Clerk PASSED and APPROVED this Q5 --day of , 1981 I I