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HomeMy WebLinkAbout02-18-1986 MinutesI I I MINUTES PASCO CITY COUNCIL REGULAR MEETING FEBRUARY 18, 1986 CALL TO ORDER Meeting called to order at 8 00 P.M by Joe W. Jackson, Mayor ROLL CALL By City Clerk Councilmen present were Ed Hendler, Beverly Green, Lee Kraft, Joe Jackson, E A Snider and Emerson Morgan. Council person Susan Boothe was absent from the meeting (excused) Also present were Gary Crutchfield, City Manager, Greg Rubstello, City Attorney, Jerry Conner, Director of Finance, James Ajax, Director of Public Works, Larry Dickinson, Fire Chief, Dave McDonald, Director of Community Development, and Max Bigby, Assistant Planner. CONSENT AGENDA: Mr. Kraft moved to approve Consent Agenda. Seconded by Mr. Snider Motion carried. Consent items are as follows a) Approval of Minutes. To approve minutes of regular and special meetings, held February 3 and 10, 1986, respectively b) Bills To approve General Claims in the amount of $333,155 68, claim warrant nos. 49347 through 49523. c) 1986 Street Overlays, Road 44 Overlay, N. 4th Overlay - Project Nos 86-3-01, 86-3-02, 86-3-04 To authorize staff to call for bids for the construction of 1986 Street Overlays, the Road 44 Overlay, the North 4th Avenue Overlay, and Crack Sealing. d ) Puget Sound Cities Insurance Authority To set a Special Meeting for 8 00 P M , Monday, February 24, 1986, in the Pasco City Hall Council Chamber, for the purpose of considering whether or not to commit to entry into Puget Sound Cities Insurance Authority. e) Proposed Rate Increase for Columbia T V To set Monday, March 17, 1986, 8 00 P M., City Council Chambers, as date and time to consider proposed rate increase for Columbia T.V f) Amendment to 1986 Block Grant Program. To set Monday, March 3, 1986, 8 00 P M., City Council Chambers, as date and time for public hearing to discuss amendment of 1986 Community Development Block Grant appropriation. REPORTS FROM COMMITTEES AND/OR OFFICERS Park & Recreation Advisory Council. Councilman Emerson Morgan reported that their Comprehensive Plan was being re-typed Further, all members received a copy of Resolution No. 1710 (Centennial Park) and plans were underway to dedicate the new park soon. Senior Citizens Advisory Committee. Emerson Morgan advised that new officers were I elected (Jack Cooney, Ray Hart and Maybell Streck) He commended Bill Farrens for his past leadership and praised our current Senior Citizen Coordinator, Art Finke, as an outstanding director Tri-MATS Policy Advisory Committee Beverly Green reported their main discussion was directed towards routing of traffic during closure of Blue Bridge. AWC 1986 Legislative Conference Ed Hendler (along with City Manager Gary Crutchfield) attended AWC Conference On February 12 and 13, 1986 Primarily, they discussed Pasco's position concerning Backwash Facility, met with Risk Manager of Puget Sound Insurance Authority and proposed cigarette tax The conference dealt mainly on subject of liability insurance and tort problem Ben-Franklin Transit Authority Mayor Joe Jackson reported they had approved conceptual design at Knight & Goethals in Richland at a price of $374,000 i MINUTES PASCO CITY COUNCIL REGULAR MEETING FEBRUARY 18, 1986 PUBLIC HEARING MAYOR JACKSON DECLARED THE PUBLIC HEARING OPEN FOR THE PURPOSE OF RECONSIDERING SHORT PLAT DENIAL FOR FRONTIER FEDERAL SAVINGS & LOAN ASSOCIATION AND PACIFIC FIRST FEDERAL SAVINGS & LOAN ASSOCIATION It was noted that the hearing had been duly Published as required by law. At time of hearing, no written communications had been received Mr Greg Rubstello, City Attorney, stated that between December 12, 1978 and June 27, 1979, permits were issued for an apartment complex located on a 3 5 acre tract of land at 1327 Road 24 Permits were issued after it was determined the complex complied with applicable development regulations The apartment complex was then constructed as a single unified development under one ownership Subsequent to the completion of the project, two different lending institutions, the applicants herein, became involved with financing separate sections of the unified apartment complex development The lending institutions now jointly own the apartment complex through judicial foreclosure proceedings The lending institutions caused a Short Plat to be nrepared for the property in may of 1985 The Short Plat was then submitted to the City for review and approval The Short Plat was denied for two reasons (1) One of the proposed lots was land- locked, in that it had no frontage on a public street as required by PMC 21 24 050. and (2) the land-locked lot did not provide sufficient parking for the existing dwelling units pursuant to PMC 22 84 010(1) (b) The lending institutions then appealed the staff's decision to the City Council The City Council first reviewed the anneal with City staff and representatives of the lending institutions at its workshop meeting of 6/24/85 At its regular meeting on 7/1/85, the City Council, by motion, concurred with the staff denial of the Short Plat The lending institutions then sought review of the City Council decision in Franklin County Superior Court By letter decision, Judge Yencopal has remanded this matter back to the City Council to reconsider its decision If the City Council fails to apnrove the Short Plat, it must submit specific Findings of Fact why there was such a disapproval Judge Yencopal's decision to remand the matter back to the Pasco City Council for reconsideration was based upon his determination that the record was not clear as to the specific reasons why the City Council denied Short Plat approval and that the City Council did not give the lending institutions a fair opportunity to be heard at the regular meeting on July 1, 1985 Judge Yencopal further viewed the lending institutions' proposal to make the pronosed Lot 2 into a flag lot by the addition of a 60 foot strip of land connecting it with Road 24 as meeting the requirement of PMC 21 24 050 Judge Yenconal further viewed PMC 22.84 050 as authority to allow the two proposed lots to share parking spaces under separate ownership The matter is now back before the City Council for reconsideration and public hearing Prior to hearing from the Public, the City Manager drew diagram of area in question and its relationship to Road 24 Mr James Hayner, Attorney for Frontier Federal Savings and Loan Association, opened hearing by stating they had gone to Court reluctantly however, they had no choice As a matter of history, he reiterated that the first five units had been developed by Mr Pratt along Road 24 When he started construction on the back units, he sought financing from another lending institution At that time, he was issued building permits and comnlied in every way Now, Mr Pratt has gone into bankruntcy - forcing both lending institutions to repossess the property at a total loss because they can't resell They have a potential buyer for first five units if Short Plat requirements could be worked out Further, they were not asking to change anything - in fact, they complied to the letter of the law and were confident Judge Yencopal interpreted it the same way Their corresnondence of June 4, 1985 indicated that ". Frontage on a public street for Lot 2 - the present configuration of the Short Plat does not satisfy the requirements of PMC 21 24 050 In order to correct this deficiency, Frontier Federal S & L will convey the north 60 feet of Lot 1 to Pacific First Federal S & L 2.. I I I MINUTES PASCO CITY CnUNCIL REGULAR MEETING FEBRUARY 18, 1986 PUBLIC HEARING - Continued providing City Council feels this adeauately addresses the requirements of PMC 21 24 050 Frontier Federal will retain an access easement as well as the use of existing parking facilities located within the 60 feet strip Offstreet Parking for Lot 2 - As required by PMC 22 84 010 (1) (b) forty parking spaces are to be provided for Lot 2. He feel, however, that the 36 spaces constructed on Lot 2 are in compliance with the requirements of PMC 22 84 050 and as such, adequate parking has been Provided " Compact car spaces are 7' wide They presently have 37 - 10' spaces therefore, by re-striping, they would have the required 40 snaces Mr Hayner concluded by stating, "technically, we meet ever" requirement of your Ordinance " Councilman Snider acknowledged development of first five units as a feasible investment, but he had reservations why the other lending institution made such a loan with no street access While he was sympathetic to the problem, he felt this was a mistake on their part and they should be the ones to work it out City Attorney Greg Rubstello stated the applicant's proposal required the creation of a flag lot which is prohibited by Chapter 21 24 PMC The proposal further violates tbe specific reauirements of PMC 21 24 050 which requires that "every lot shall abut on a street other than an alley " There is no snecific provision within PMC 21 24 050 which permits only partial lot abutment on a street The full frontage of the lot must abut a street Review of the proposed Short Plat is complicated by the fact that the property in question is fully developed with an apartment complex and accessory uses This property was developed in early 1979 as a unified complex with common parking lots, green space, recreation facilities, fire protection, signage and one street address It is now therefore practically impossible to sub-divide the property without creating problems subdivision regulations were designed to prevent The subdivision and platting of land is generally one of the first steps in the process of urban development, not the last Land is generally zoned and subdivided into lots, blocks and streets infrastructures nut them into place and then building permits are issued for improvement upon the subdivided property In the case the Council is now considering, the development process has been reversed The applicants are requesting the City to approve something that should have been considered before any building occurred on the property Approving such a subdivision after the fact sets an undesirable precedent that other developers may want to follow Councilman Hendler queried why the property could not be divided east and west Mr Hayner resnonded that they owned considerably more than the other lending institution, therefore, it would pose a problem Mr Hendler expressed a willingness to help resolve this problem, but he felt the two financial agencies should try to work it out among themselves Mr Carl Sonderman, Attorney for Pacific First Federal Savings and Loan stated it was physically impossible to sub-divide if it is developed Property He called attention to Judge Yencopal's letter of December 20, 1985 where he states that "the City of Pasco is acting arbitrarily and capriciously in failing to adequately review the petitioner's proposal for a short plat " Further, he felt it was the only rational solution to this problem because it would create a higher tax base rather than the "hodge podge" we have now Following three (3) calls from Mayor Jackson for further comments from the floor, either for or against, the public hearing was declared closed Mr. Hendler moved to adopt the Conclusions and Findings of Fact in support thereof set out in the Agenda Report without modification and, on the basis thereof, I further move to deny approval of Short Plat MF #85-19-SP as both originally filed and amended by the applicants in their Notice of Appeal. Seconded by Mr Snider 3 q MINUTES PASCO CITY COUNCIL REGULAR MEETING FEBRUARY 18, 1986 PUBLIC HEARING - Continued Mr. Kraft moved to amend Conclusion No 2 as follows "The Pasco City Council concludes that proposed Lot No 2, as presently striped, is four (4) parking spaces insufficient and does not conform to the parking requirements required by the Pasco Municipal Code." Seconded by Mr. Snider. Motion carried. Main motion, as amended, carried by roll call vote of six (6) For the record, the City Manager read Conclusions as follows CONCLUSION NO. 1 The Pasco City Council concludes that irregularly shaped lots, including "flag" or "key" lots are prohibited by the Pasco Municipal Code. This conclusion is supported by the following Findings of Fact a) PMC 21 24 030 requires that the °sidelines of lot shall be approximately at right angles to the street line or radial to curved street lines." b) PMC 21 24 050 requires that "every lot shall abut on a street other than an alley." This Code section does not contain specifications for a minimum frontage by any unit of measurement. It simply requires that the lot, regardless of its width, abut a public street the full dimension of its frontage. c) PMC 21.24.060 makes special provision for permitting key lots "at the ends of blocks ..where they do not interfere with utility construction and where lots are deeper than normal." This exception has a rational basis in that the side yard of a corner lot also abuts a street. The subject lot is not located at the end of a block, but rather is located in the middle of a block d ) The City staff's consistent refusal over the years to approve plats with flag lots is appropriate with the above cited Ordinances and consistent with the above Findings and Conclusions. CONCLUSION NO. 2 The Pasco City Council concludes that proposed Lot No. 2, as presently striped, is four parking spaces insufficient and does not conform to the parking re- quirements required by the Pasco Municipal Code This conclusion is supported by the following Findings of Fact a) PMC 22 84 010 (1) (b) requires off-street parking spaces at the rate of two spaces per dwelling unit Proposed Lot No 2 has only 36 snaces for 20 dwelling units. b) PMC 22.84.050 has not been applied outside of commercial zones. c) PMC 22 84 050 on its face is applicable only to undeveloped properties. d) PMC 22 84.050 was intended and has been consistently interpreted to apply only to commercial properties in situations where there would not be competition during the same hours and times for the shared parking spaces. e) , Both proposed Lot Nos. 1 and 2 are developed with apartment units of the same kind and there exists substantial likelihood that there would be competition for the shared parking spaces. No clear reason exists to be able to distinguish when the tenants of units in proposed Lot No 1 would be using the parking spaces at a time when tenants of the units in the proposed Lot No 2 would not be desiring to use the narking spaces I I I MINUTES PASCO CITY COUNCIL REGULAR MEETING FEBRUARY 18, 1986 PUBLIC HEARING - Continued CONCLUSION NO. 3 The Pasco City Council concludes that the proposed Short Plat, even as amended, does not qualify for relief through the provisions for variances, as provided in PMC 21.30.120 and .130. This Conclusion is based upon the following Findings of Fact a) The subject property is not unique by topography, geographically, or otherv ,ise. b) The denial of a variance from Code provisions will not preclude reasonable development of the property because it is already in- tensely developed. c) The granting of a variance to ellow the creation of a flag lot would create an undesirable precedent and is not in the public interest. J d) The "hardships" advanced by the applicants are not peculiar to the property, but appear to have been self-created by the applicants by their indifference to local and state subdivision and zoning regulations CONCLUSION NO. 4 The Pasco City Council concludes that because it is unable to make a formal written Finding of Fact that the proposed Short Plat is in conformity with applicable zoning and land use controls, and in fact, has made specific findings to the contrary, RCW 58.17.195 prohibits the approval of the Short Plat. RECESS 9 30 RECONVENED 9 40 MAYOR JACKSON DECLARED THE PUBLIC HEARING OPEN FOR THE PURPOSE OF CONSIDERING A CODE AMENDMENT AUTHORIZING, BY SPECIAL PERMIT, THE ADAPTIVE RE-USE OF HISTORIC PLACES WITHIN THE CITY It was noted that the hearing had been duly published as required by Law As of this date, no written communications had been received Mr. Dave McDonald, Director of Community Development, stated that "the old White Mansion, below the Blue Bridge, is an example of an historic structure that appears to have outlived its usefulness for the purpose for which it was constructed. Some form of recycling is necessary to insure preservation of the structure, in accordance with national historic preservation policy and local public interest, while at the same time, allow a reasonable economic return to the investor(s) The proposed Code Amendment would apply only to places accepted on the National Register of Historic Places At the present time, there are four such places presently in Pasco The principal purpose of the Ordinance is to preserve the historic significance of certain places within the City. In order to allow a prospective investor to make a reasonable economic return, the City might consider applications for land uses which might not otherwise be allowed by special permit within the under- lying district An example would be a commercial use in a residential district. However, as in all special permit requests, the proposal would be allowed only if it is compatible or can be made compatible with existing and intended vicinal development. Mrs. Virginia Devine, 10720 W Court, read supporting document from State Preservation Committee and reaffirmed support for passage of proposed Code Amendment. Mrs. Fran Thomas, Realtor, supported amendment in order to put pride back into the home. Following three (3) calls from Mayor Jackson for further comments from the floor, either for or against, the public hearing was declared closed ec MINUTES PASCO CITY COUNCIL REGULAR MEETING FEBRUARY 18, 1985 ORDINANCE NO. 2588 AN ORDINANCE RELATING TO ZONING AND AMENDING PMC TITLE 22 BY ENACTING A NEW SECTION 22 80 025 ENTITLED HISTORIC PLACES. Ordinance No. 2588 was read by title only Mrs. Green moved that the City Council adopt Ordinance No. 2588, enacting a zoning amendment authorizing preservation of certain historic places by adaptive re-use through the special permit process Seconded by Mr. Snider Motion carried. ORDINANCES/RESOLUTIONS NOT RELATED TO PUBLIC HEARINGS RESOLUTION NO. 1714 A RESOLUTION APPROVING THE CONTRACT FOR WATER METER READING SERVICES BETWEEN THE CITY OF PASCO AND WESTERN METER READING CUSTOM SERVICE CORPORATION. Resolution No. 1714 was read by title only Mr. Snider moved to approve Resolution No. 1714, approving the contract between the City and Western Meter Reading Custom Service Corporation for water meter reading services and, further, authorizing the Mayor to sign said contract Seconded by Mr Hendler. Motion carried by roll call vote of six (6) Mr Kraft moved to extend contract period through December 31, 1988. Seconded by Mr. Snider Motion carried by roll call vote of six (6). ORDINANCE NO. 2589 AN ORDINANCE ESTABLISHING A 1986 SALARY SCHEDULE FOR MANAGEMENT PERSONNEL AND PROVIDING FOR A MERIT COMPENSATION PLAN. Ordinance No. 2589 was read by title only. Mr. Snider moved to adopt Ordinance No 2589, establishing a 1986 salary schedule for management positions and providing for a merit compensation plan. Seconded by Mr. Kraft Motion carried by roll call vote of six (6). ORDINANCE NO. 2590 AN ORDINANCE CONCERNING VACATION LEAVE ACCRUAL AND AMENDING SECTION 2.42.240 OF THE PASCO MUNICIPAL CODE. Ordinance No. 2590 was read by title only. Mr. Kraft moved to adopt Ordinance No. 2590, revising the vacation benefits for management positions. Seconded by Mr. Morgan Motion carried by roll call vote of six (6) ORDINANCE NO. 2591 AN ORDINANCE CONCERNING EMPLOYEE'S SALARIES AND BENEFITS, AND AMENDING SECTION 2.42.600 OF THE PASCO MUNICIPAL CODE Ordinance No. 2591 was read by title only. Mr Snider moved to adopt Ordinance No 2591, revising the life insurance benefits for management personnel. Seconded by Mrs Green. Motion carried by roll call vote of six (6) NEW BUSINESS Water Follies Association - Request for Promotional Funds Prior to motion, Mr. Hendler stated that he had been a "founding father" for Water Follies Association He still supported the organization personally, but felt that requests of this type had to stop because of budget constraints Therefore, he would vote no when the motion was placed on the table. Mr. Snider moved to approve the expenditure of $1,000 from the Stadium/Convention Center Fund for promotional activities of the 1986 Tr-City Water Follies and, further, authorize the necessary budget adjustment. Seconded by Mrs Green. Motion FAILED by the following roll call vote YES Kraft, Jackson and Morgan. NO Hendler, Snider and Green. (Mr Snider clarified that his motion was made to get the item on the table - not that he favored it). 6 I I No further business, the meeting adjourned at 10 15 P M Ze-ZCzY 611•, City Clerk PASSED and APPROVED this day of , 1986 MINUTES PASCO CITY COUNCIL REGULAR MEETING FEBRUARY 18, 1986 NEW BUSINESS - Continued Lewis Street/Sylvester Street Interchange with SR 12 - Pre Design Study Mr Snider moved to enter into an Agreement with the Benton-Franklin Governmental Conference which outlines financial responsibilities pertaining to the pre-design study which the Washington State Department of Transportation is making on the Lewis and Sylvester Street Interchange with SR-12, and authorize the Mayor to sign the Agreement Seconded by Mr Kraft Motion carried by roll call vote of six (6) 18th Avenue Storm Drain - Project No 86-3-03 Mr Kraft moved to award the contract for construction of 18th Avenue Storm Drain, Project No 86-3-03, in the amount of $50,892 00 to the low bidder, Sharpe and Preszler Construction, Inc and, further, to authorize the Mayor to sign the contract documents Seconded by Mr Morgan Motion carried by roll call vote of six (6) Renewal of Lease of City Property for Farming Purposes Mrs Green moved that the City Council approve the proposed lease amendment, authorizing Tippett Land and Mortgage Company to renew the lease of City property for farming purposes, subject to the conditions set forth in the original agreement Seconded by Mr Snider Motion carried by roll call vote of six (6) Bid Results - Liquid Chlorine Mrs Green moved to award the bid for furnishing liquid chlorine to the City of Pasco to All Pure Chemical for the annual period ending February 19, 1987 Seconded by Mr Snider Motion carried by roll call vote of six (6) SUGGESTIONS FROM COUNCIL - MISCELLANEOUS Vacancy on Housing Authority The City Manager will re-schedule interviews for vacancy on Housing Authority Board to another date when all councilmen may be present Save Workshop Agendas Councilman Hendler suggested that councilmen leave their workshop agenda packets, thus saving paper and time consuming task of re-running the same material Any updates or changes could be placed in the packets prior to regular meetings ADJOURNMENT 7