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HomeMy WebLinkAbout08-15-1983 MinutesMINUTES PASCO CITY COUNCIL REGULAR MEETING AUGUST 15, 1983 CALL TO ORDER Meeting called to order at 8 00 P M by E A Snider, Mayor ROLL CALL By City Clerk Councilmen present were Beverly Green, Charles Grigg, Ira Schmidt, E A Snider and Joe Jackson Councilmen Susan Boothe and Emerson Morgan were absent (excused) Also present were Gary Crutchfield, Acting City Manager (Manager Lee Kraft on vacation), Greg Rubstello, City Attorney, Diane Dolan, Director of Finance and Max Bigby, Assistant Planner CONSENT AGENDA Mr. Schmidt moved that Consent Agenda be approved Seconded by Mr Jackson Motion carried by roll call vote of five((5) Consent items are as follows a) Approval of Minutes To approve minutes of regular meeting, held August 1, 1983 b) Bills To approve General Claims in the amount of $298,563 58, claim warrant nos 35705 through 35838 c) Appointment to Park/Recreation Advisory Council To concur with the Mayor's appointment of Mrs Geraldine Linton to the Parks and Recreation Advisory Council to complete the unexpired term of Gordon Mercier to February 2, 1986 d) Alternate Possibilities for Senior Transportation in 1984 To approve a 30-day experimental plan, beginning August 8, 1983, for the Pasco Senior Citizens Bus to handle the responsibility of transporting seniors to meal sites in post hour gatherings, and to have the Dial-A-Ride Organization handle advance reservations for transportation for additional services, and that those taking advantage of Dial-A-Ride Oay 25¢ per ride, with the additional 25¢ to be paid to the Transit Authority fromr 3 Pasco/Franklin County Senior Transportation Budget (from Area Agency Funding) e) Hazard Elimination Program - Federal Highway Administration Proposed Project Submission - Widen 10th Avenue (Lewis to Columbia) and Traffic Signal on 10th Avenue at Lewis & Clark Streets To authorize the making of application for 90 percent grant funds to construct the improvement of 10th Avenue (Lewis to Columbia) and installation of new traffic signals on 10th Avenue at Lewis and Clark Streets, and to investigate if the improvement of the intersection at 10th and "A" Streets can be added to the application f) Joint Resolution No 1594 A Joint Resolution of the City Council of Pasco and the County Commissioners of Franklin County, making amend- ments concerning City use of Public Safety Building space to that certain "Agreement for Lease of Soace in Franklin County/City of Pasco Public Safety Building," g) Appointment of Council Committee to Coordinate with Centennial '84 Steering Committee To confirm the Mayor's appointment of Council members Beverly Green, Susan Boothe and Emerson Morgan, to be a committee of the Council to meet and confer as necessary with the Centennial '84 Steering Committee h) Potential Release of Humphrey Ross To authorize the Mayor to send a letter to the State and Federal Parole Officers, urging that Humphrey Ross not be released early or paroled and, further, should the Parole Officers determine release is appropriate, he should be forbidden from returning to Pasco as a condition of his release 1) Set Date of Public Hearing To set Tuesday, September 6, 1983, as date of public hearing to consider amendment of the zoning regulations regarding massage parlors MINUTES PASCO CITY COUNCIL REGULAR MEETING AUGUST 15, 1983 PUBLIC HEARINGS MAYOR SNIDER DECLARED THE PUBLIC HEARING OPEN FOR THE PURPOSE OF RECEIVING CITIZEN INPUT ON 1983 SUPPLEMENTAL BUDGET NO 1, BY APPROPRIATING AND RE- APPROPRIATING REVENUE AND EXPENDITURE AUTHORITY It was noted that the Hearing had been duly published and posted There were no written communications received Following three (3) calls from Mayor Snider for further comments from the floor, either for or against, the public hearing was declared closed ORDINANCE NO. 2462 (Second and Final Reading) AN ORDINANCE AMENDING THE 1983 ANNUAL BUDGET OF THE CITY OF PASCO BY PROVIDING A SUPPLEMENTAL THERETO, BY APPROPRIATING AND RE- APPROPRIATING REVENUE; BY PROVIDING TRANSFER AND EXPENDITURE AUTHORITY, BY ADJUSTING THE EXPENDITURE PROGRAM OF VARIOUS FUNDS AND BUDGETS WITHIN FUNDS, AND DECLARING AN EMERGENCY Ordinance No. 2462 was read by title only Mr Jackson moved to adopt Ordinance No 2462, amending the 1983 annual budget of the City of Pasco Seconded by Mrs Green Finance Director, Diane Dolan, called attention to expenditure of $9,600 for City/County Public Safety Building which was accounted for in Supplemental Budget Main motion carried by roll call vote of five (5). MAYOR SNIDER DECLARED THE PUBLIC HEARING OPEN FOR THE PURPOSE OF CONSIDERING THE APPEAL OF THE PLANNING COMMISSION'S DECISION REGARDING WESTERN HERITAGE FINANCE CORPORATION SPECIAL PERMIT APPLICATION (FILE NO 83-10-CUP) It was reported that the Hearing had been duly published and posted Communications for the record included Report to Planning Commission, dated July 21, 1983, Planning Commission Minutes, dated July 21, 1983, Letter of Appeal, Application for Special Permit and Findings and Conclusions of Planning Commission Mr Gary Crutchfield opened hearing by stating that Western Heritage (applicant) proposed to utilize two (2) lots in the Highland Park Homes Area of East Pasco for a private park and "entry statement" for its 40-acre (150 lot) mobile home sub-division The "entry statement" includes installation of a refurbished railroad caboose as a visual identification for the sub-division The Planning Commission conducted a public hearing on July 21st, the hearing consumed in excess of one (1) hour of testimony After closing the hearing, the Planning Commission discussed the issue for approximately another hour, before deciding by majority (split) vote that the proposal should be approved with four (4) conditions, as follows 1) The installation of the caboose be subject to the yard/setback regulations within the RMH-1 District 2) All other aspects of development conform to applicable regulations of the City of Pasco 3) This special permit is non-transferrable except by prior written consent of the Planning Commission, in accordance with the procedures set forth in PMC Chapter 22 80 4) The perimeter of caboose be enclosed with a fence not less than 4' in height Further, Nelson Properties (appellant) objects to the Commission's decision, on the grounds they believe the Commission's decision was "arbitrary and capricious " The City Council is authorized under PMC 22 80 090, "may affirm, modify or reverse" the Commission's decision, in whole or in part, or may remand the matter to the Planning Commission for reconsideration MINUTES PASCO CITY COUNCIL REGULAR MEETING AUGUST 15, 1983 PUBLIC HEARING - Continued Prior to opening public hearing, the City Attorney outlined procedures for continuing hearing and reiterated that the Council could consider new testimony Councilman Jackson gave the following definition for benefit of the Council Arbitrary - Selected at random and without reason Capricious - Apt to change suddenly or unpredictably Mr. Grigg moved to allow only testimony-based on the record of evidence and testimony presented before the Planning Commission that would address that the Planning Commission's decision was arbitrary and cafticious. Mayor -Snider recognized the appellant, Dr Marvin Nelson, first. Dr. Nelson stated that he had been a resident of Pasco for 45 years, much of which had been devoted to the betterment of Pasco He and other developers had initiated a new area for mobile home living and were extremely proud of their efforts Now, their area was being faced with a park on one corner and a re- furbished caboose on the other which residents felt was an "attractive nuisance " A petition bearing approximately 38 signatures was secured and in turn they attended a 2-hour session of the Planning Commission, expressing their opposition The concensus was that residents of the area would like to have a park, but not the caboose Pros and cons were discussed by the Planning Commission for approximately two hours when statement was made that the loser can always appeal (this was later put in proper context by Community Development Director in defense of staff's comment as describing alternatives to appeal process) Dr- Nelson then stated that due to lateness of the hour and other hearings to be considered, the Planning Commission granted a special permit to Western Heritage despite opposition That, in his opinion, was arbitrary and capricious This was done on a 5 - 3 vote To this statement, Mr Crutchfield reiterated that the Planning Commission did not, at any time, completely reverse their decision He substantiated this by reading from minutes of July 21, 1983 Mrs Betsy Cruthers, 604 N Elm, presented a petition with new signatures for the Council's perusal She emphatically emphasized that it was a hazardous situation due to being split with park on one side and the caboose on the other She favored a park, but on one side or another She was further concerned that children would climb over fence and gather at the caboose Mrs Janice Graves, 803 Sycamore, was concerned about safety, vehicles running stop sign and temptation of children crossing to play on the caboose She stated she had not received any notification of hearing Mr Gary Crutchfield responded by stating that notices had been mailed to all property owners within 300' of proposed site Addresses of property owners within this category had been secured from County Assessor's Office A notice of public hearing was also published in Tri City Herald Mr. Valentin Espinoza, 620 N Elm, stated he did not receive a notice of public hearing Mr Bob Haner, 820 N Hugo, concurred that he was not within 300', but he was advised of second hearing, and not the first He acknowledged that he had signed petition in opposition Mrs. John Sanchez reiterated that she lived across the street from proposed park and she, too, had not received notification For the record, she opposed corner location of park as a safety hazard Mrs. Hosheit asked, "does a child have to be killed before someone admits they made a mistake?" She expressed her concern for safety of children and favored having the park on one side or another MINUTES PASCO CITY COUNCIL REGULAR MEETING AUGUST 15, 1983 PUBLIC HEARING - Continued Mrs Edna Nelson, wife of appellant, felt the indecisiveness of Planning Commission was due to too many ballots When they were made aware that a decision could be appealed, they seemed to want to get the meeting over with She concurred that residents were concerned with safety of area and reminded the Council that this development was a "secure area" for women to walk the streets unescorted without fear of being accosted They were proud of this accomplishment and felt the addition of a caboose on the corner would attract nuisances undesirable to tenants living here Mrs Betsy Cruthers acknowledged that her parents had received notices but she had not Further, she had been instrumental in circulating petition and had only talked to two (2) people who had received notification She felt it was totally unfair that people were not allowed to speak when they had made the effort to be in attendance. Mr. Patrick Mulqueeney, representing Western Heritage, did not feel that the Planning Commission had acted arbitrarily and capricious He felt the caboose was to serve as a focal point and entrance way to their development Pasco is a railroad town, Western Heritage is their name, therefore, the caboose seemed appropriate to serve both requirements It will be refurbished, fenced and nicely landscaped Once their sub-division is complete, they will give the two lots to homeowners of area Grigg Councilman asked where liability is in the event a child breaks his/her arm playing on the caboose Mr Mulqueeney replied, "Western Heritage " The playground is also Western Heritage liability Mr Stan Razey, 811 S Waldemar, asked "who assumes liability of park/caboose when turned over to homeowners?" Mr Gary Crutchfield read one of the conditions of the Special Permit, requiring separate special permit review prior to any transfer of ownership Liability provisions would be considered in the transfer proposal Mrs Florence Haner emphasized that "monstrosity" did not do anything to attract potential buyers to area Mr Crutchfield stated the Planning Commission discussed merits of attractive nuisance and considered amount of money the developer was putting into the caboose to make it an attractive area Further, the developer had the financial ability to maintain the area Following three (3) calls from Mayor Snider for further comments from the floor, either for or against, the public hearing was declared closed Mayor Snider, representing his personal opinion, felt the item of safety had been addressed by the Planning Commission, their decision was not made due to expediency or lateness of the hour as evidenced by number of ballots i and their final decision had been carefully thought out Therefore, as one councilman, he did not feel that the Planning Commission had acted arbitrarily and capriciously Councilman Jackson felt all concerned issues had been addressed and while the final decision was not satisfactory to all, due process did prevail Councilman Green felt the caboose was part of Pasco's heritage and could not see a dangerous problem existing Mr Grigg moved to adopt findings of Planning Commission based on hearing records Seconded by Mr Schmidt Motion carried Mr Schmidt moved to find the Commission's decision clearly supported by the facts and, therefore, affirm the Commission's decision to conditionally grant the Special Permit Seconded by Mr Jackson Motion carried RECESS 9 15 P M RECONVENED 9 25 P M MINUTES PASCO CITY COUNCIL REGULAR MEETING ORDINANCES/RESOLUTIONS NOT RELATED TO PUBLIC HEARINGS ORDINANCE NO. 2463 AUGUST 15, 1983 AN ORDINANCE CONCERNING THE GIVING OF FALSE INFORMATION TO A POLICE OFFICER AND AMENDING SECTION 9 40 030 OF THE PASCO MUNICIPAL CODE. Ordinance No 2463 was read by title only Mrs Green moved to adopt Ordinance No. 2463, concerning the giving of false information to a Police Officer and amending Section 9 40 030 of the Pasco Municipal Code Seconded by Mr Schmidt Motion carried RESOLUTION NO 1595 A RESOLUTION OF THE CITY OF PASCO RELATING TO A COMPREHENSIVE SOLID WASTE MANAGEMENT PLAN, AND REAUTHORIZING THE BENTON-FRANKLIN GOVERNMENTAL CONFERENCE AS THE REGIONAL SOLID WASTETLANNING AGENCY Resolution No 1595 was read by title only Mr Schmidt moved to approve Resolution No 1595, re-authorizing the Benton-Franklin Governmental Conference to act as the Solid Waste Planning Agency for the City of Pasco Seconded by Mr Jackson Mayor Snider expressed his concerns that Pasco might become the solid waste site for Tri City Area, and further, was hesitant to pass such a Resolution without substantiating contract document Councilman Grigg concurred with this logic Mr. Grigg moved to table Resolution No 1595 for an indefinite time Seconded by Mr Schmidt Motion carried ORDINANCE NO 2464 AN ORDINANCE IMPOSING A PENALTY FEE FOR CHECKS RETURNED FOR INSUFFICIENT FUNDS. Ordinance No 2464 was read by title only Mr Grigg moved to adopt Ordinance No. 2464, which imposes a penalty fee for checks returned for insufficient funds Seconded by Mr Schmidt Motion carried NEW BUSINESS Centennial '84 Steering Committee Appointments Mr Grigg moved to ratify the appointment of Ed Shea as Chairman of the Centennial '84 Committee, Bill Hart as Treasurer, Sharon Lawson as Chairman of Community Involvement Committee, and Clare LeCompte as School Liaison Seconded by Mr Schmidt Motion carried Mr. Ed Shea stated he was excited about the chairmanship and wanted to incorporate ideas of people in the community Further, Articles and By-Laws had been adopted Mayor Snider congratulated Mr Shea on his new,position Overlay of East "A" Street - No 83-4-01 Mr Grigg moved to award the construction contract for the overlay of East "A" Street to the low bidder, Transtate Paving, Inc , in the amount Of $104,500 00, all in response to their proposal as submitted on August 8, 1983 and, further, to authorize the Mayor to sign the contract documents Seconded by Mr Schmidt Motion carried by roll call vote of five (5) E A Snider, Mayor PASSED and APPROVED this day of , 1983 MINUTES PASCO CITY COUNCIL REGULAR MEETING AUGUST 15, 1983 NEW BUSINESS - Continued 3-R Area Reconstruction. Mr Grigg moved to award the construction contract for 3-R Area Reconstruction to Tri City Paving Company in the amount of $98,365 50, which includes applicable sales tax, all in response to the proposal as submitted, and, further, to authorize the Mayor to sign the contract documents Seconded by Mr Jackson Motion carried by roll call vote of five (5) Weed Control in Downtown Pasco Mr Schmidt moved to authorize up to $2,000 (Contingency Fund) to be used to hire two (2) individuals to cut weeds in streets and sidewalks Seconded by Mrs Green Motion carried by roll call vote of five (5) (Staff is hopeful that volunteer labor can be secured so we do not have to draw on Contingency Fund) MISCELLANEOUS FROM COUNCIL - GENERAL DISCUSSION Mrs. Beverly Green asked staff to pursue possibility of a 3rd Avenue L I D , with assistance from Block Grant funds She felt this would be an appropriate Centennial gift ADJOURNMENT No further business, Mr Schmidt moved for adjournment Seconded by Mrs Green Motion carried Meeting adjourned at 9 40 P M I I