HomeMy WebLinkAbout02-18-1986 MinutesI
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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
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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..
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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
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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
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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.
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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
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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).
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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
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