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HomeMy WebLinkAbout03-17-1986 MinutesMINUTES PASCO CITY COUNCIL REGULAR MEETING MARCH 17, 1986 CALL TO ORDER Meeting called to order at 8 15 P.M (Executive Session held prior) by Joe W. Jackson, Mayor. ROLL CALL By City Clerk Councilman present were Susan Boothe, Ed Hendler, Beverly Green, Lee Kraft, Joe Jackson and E.A Snider Councilman Emerson Morgan was absent (excused) Also present were Gary Crutchfield, City Manager, Greg Rubstello, City Attorney, Jerry Conner, Director of Finance, James Ajax, Director of Public Works and David McDonald, Director of Community Development CONSENT AGENDA Mr Snider moved to approve Consent Agenda. Seconded by Mr Kraft. Councilman Hendler requested that Item 3-C (Appointment to Housing Authority Board) be removed from Consent Agenda and acted upon separately. Motion carried, as amended Consent items are as follows a) Approval of Minutes. To approve minutes of regular meeting, held March 3, 1986 b) Bills. To approve General Claims in the amount of $302,538.13; claim warrant nos 49695 through 49885. c) Golf Course Improvements. To authorize staff to proceed with preparation of bid specifications and call for bids for replacement of the outdoor restroom facility at the Municipal Golf Course. VISITORS Presentation of "Civic Improvement Award" to Mallory Industrial. Mayor Jackson presented a Civic Improvement Award to Mr. Gary McEachern, Vice-President of Mallory Industrial & Tool Supply Company, in recognition and appreciation for the new building at 520 S 20th Avenue. REPORTS FROM COMMITTEES AND/OR OFFICERS Tr-MATS Policy Advisory Committee. Councilman Beverly Green attended this meeting on March 10, 1986, and they reviewed the functional classification update of urbanized area printout. At the conclusion, they voted to send it on to Governmental Conference for approval. Ben-Franklin Transit Board Meeting Mayor Jackson reported they, primarily, discussed bids for new site, bid arrangement for shelter at Huntington Center site, the approval of Century West as architect for consideration of Huntington site, and the authorization to purchase six (6) Vanpool vehicles PUBLIC HEARING MAYOR JACKSON DECLARED THE PUBLIC HEARING OPEN FOR THE PURPOSE OF HEARING APPEAL OF PLANNING COMMISSION DECISION ME #86-05-CUP, GRANTING A SPECIAL PERMIT FOR THE CONSTRUCTION AND OPERATION OF A FOSTER CARE FACILITY IN THE AREA OF JAY STREET AND NORTH 24TH AVENUE It was noted that the hearing had been duly publicized as required by law All property owners within 300' of proposed construction had been notified by mail There were two (2) communications received, opposing foster care facility They were from Francis A and Myrtle Forester, 2207 W Pearl, and Jeff and Tammy Knotts, 2306 W Leola Mr Dave McDonald, Director of Community Development, stated that on February 20, 1986, the Planning Commission conducted a public hearing to consider a special permit to operate a maximum 100-bed foster care facility upon a 3+ acre parcel at the southeast corner of 24th Avenue and Jay Street The Planning Commission determined that the proposal could be made compatible with vicinal development, and conditionally granted the special permit Subsequent to that decision, Mrs Dorothy Lang, 2212 W Pearl, filed written appeal of the Planning Commission's decision, and in accordance with standard appeal procedure, City Council fixed March 17, 1986 as the date to consider the appeal MINUTES PASCO CITY COUNCIL REGULAR MEETING MARCH 17, 1986 PUBLIC HEARING - Continued Mr. McDonald distributed a copy of proposed Finding No. 8 for the council's consideration. It read in part ". .the foster care facility shall be maintained only for the housing and caring of elderly persons. Nothing shall be construed from this approval to permit the use of the facility as a crisis intervention home for the care of delinquent adolescents, court referrals, or those suffering from the problems of drug and alcohol abuse or family problems.." Mrs. Jo Cheney, 1823 W. Park, stated she had been doing foster care in her home for three years and there was a real need for this type of care, therefore, she urged the council to consider their request to build a new facility. Mr. Patrick Mahoney, 2307 W. Leola, reminded the council that this is the second time in recent months they have been here in opposition to multi-type dwelling in their residential neighborhood. They are still 100% opposed to apartments, nursing homes, etc. in their R-1 zone. Mr. Jack Hamley, Department of Social & Health Services, reiterated that he was asked to appear - not as an endorsement of Bryce & Jo Cheney, but need for this intermediary type of care. At the present time, we have 410 nursing beds being occupied in this area Of this amount, a good percentage could get out of that environment if they had a place to go. In other words, a place where someone would watch over them to see that they took their medicine, turned off stoves, etc. There is a great need for a facility between living and caring for yourself and full care nursing home. If such a facility were available, the State could cut costs by approximately 1/3 of taxpayers money. Mr Gene Hiner, owner of Camlu Retirement Center, rebutted that we have such a facility right now at Camlu without building another center immediately adjacent to it. He indicated their facility was not fully occupied and welcomed any new patients that DSHS might have Mr. Ardell Curtis emphasized strong need for this intermediate care He stated his retirement apartments in Kennewick are for ages 62 and older, who can fully take care of themselves When they get to the point where they have to have someone check on them but they are still able to take care of themselves, an intermediate care facility would be the next step. After that, when full scale nursing care is needed, they would go to a nursing home. He favored/construction of foster care facility /7 Mr Scott Beck, 2315 W Pearl, said that the City was overlooking the fact that such a facility already exists and we didn't need anymore He expressed concern over increased traffic and limited egress out of the area Mr. David Squires, 2411 W Pearl, cited high number of apartment complexes, nursing home facility, retirement home, elementary school and two busy churches already in an area that was originally designed for residential use He, too, was concerned about traffic exiting from two major streets (20th and 24th), using Pearl Street as a collector street He was opposed to another multi type facility in this area Mr John Cook, 2303 W Leola, reminded the council that 160 unit Ambassador Court Apartment complex immediately south on Road 24, generated a tremendous amount of traffic. Mr Gary Kuster, 1741 N 22nd Avenue, concurred that traffic was a major problem. Mrs Dorothy Lang, 2212 W Pearl, thanked the council for listening to their concerns over traffic, and urged them to deny request of Bryce and Jo Cheney Mr Bryce Cheney asked, "what are you going to do with that property?" This type of facility will generate much less traffic than 12 - 17 residential structures, averaging two cars per home He reiterated that they had been looking for a suitable location for three years and felt this area was ideal Further, most traffic calling on the foster care facility would be between 10 - 2' 00 P M when schools are in session, people are at work, etc. MINUTES PASCO CITY COUNCIL REGULAR MEETING MARCH 17, 1986 PUBLIC HEARING - Continued Mrs. Jane Pauline emphasized that it was not safe to add further traffic to an already limited access. Mr. Jim Ady, 2315 W. Leola stated they were inundated with commercial facilities and asked the council to consider quality of life. The City Clerk read two (2) letters of protest into the record from Francis and Myrtle Forester and Jeff and Tammy Knotts. Following three (3) calls from Mayor Jackson for further comments from the floor, either for or against, the public hearing was declared closed. RECESS 9 30 RECONVENED 9 40 Mr. Henaler moved to affirm the findings and conclusions of the Planning Commission and therefore, the special permit be approved in accordance with the Planning Commission decision and amended as follows The foster care facility shall be maintained only for the housing and caring of elderly persons Nothing shall be construed from this approval to permit the use of the facility as a crisis intervention home for the care of delinquent adolescents, court referrals, or those suffering from the problems of drug and alcohol abuse or family problems Seconded by Mr Kraft The City Attorney reaffirmed that a conditional use permit cannot be used for any purpose other than its designated use or a citation may be issued Prior to vote, Councilman Snider stated he would abstain from voting due to conflict of interest and appearance of fairness. Motion FAILED by the following roll call vote YES Kraft and Hendler NO Boothe, Green and Jackson Councilman Snider abstained Mrs Green moved to adopt new findings and conclusions as follows increased traffic and too much population for area, which clearly indicates the proposal would have a detrimental impact upon vicinal development which cannot be reasonably mitigated and, therefore, the special permit be denied Seconded by Mrs Boothe Motion carried by the following roll call vote YES Kraft, Boothe, Jackson, and Green NO Hendler Councilman Snider abstained MAYOR JACKSON DECLARED THE PUBLIC HEARING OPEN FOR THE PURPOSE OF CONSIDERING REQUEST OF COLUMBIA TELEVISION COMPANY FOR A RATE INCREASE It was noted that the hearing had been duly publicized as required by law One communication was received from Jim Osburn, opposing proposed rate increase City Manager Gary Crutchfield stated that Columbia Cable TV executed a new franchise agreement with the City in early 1983, after several months of work with a citizen committee and staff, as well as the advice of a qualified CATV consultant (Mr Les Page of Oregon) The new franchise set forth a substantial improvement program for cable television services throughout the City, including expansion of active channels from 11 to 36, provision for local program and production, institutional networking, studio van, public access channel, subscriber surveys, etc Resolution No 1562 further authorized a rate increase from $8 75/month to $10 00/month, effective July 1, 1984, but prohibited any further increase for 18 months (until January, 1986) Columbia Cable filed written proposal for rate increase on December 27, 1985, but did not submit the required financial data until February 14, 1986, consequently, the time frames specified in Ordinance No 2428 commenced effective February 14, 1986 The proposed rate for basic cable service represents a 20% increase (the effect of the 8% tax will result in an overall increase of about 23%) While the financial data indicates significant increases in the Company's expenses, a 23% rate increase warrants thorough analysis In addition, City staff does not possess the expertise to assess the technical performance standards set forth in the franchise MINUTES PASCO CITY COUNCIL REGULAR MEETING MARCH 17, 1986 PUBLIC HEARING - Continued (Columbia Television) Staff has contacted Mr Les Page, the consultant who advised the City in creation of the CATV plan and he has verbally agreed to analyze the appropriate financial data as well as assess the critical performance standards The estimated cost of those services would approximate $3,000 (including travel expenses) Mr Page indicated his review could be accomplished within three weeks, depending on cooperation of the franchisee The rate review procedure permits plenty of time to thoroughly assess the reasonableness of the proposed rate ($10 00 to $11 95) It is strongly recommended by staff that Council open the hearing on March 17th, receive public comment, continue the hearing to May 5th, and authorize the City Manager to employ the services of Mr Page on hourly basis, not to exceed $3,000 Mr Ron Asplund, Manager of Columbia Television Company, distribed packet of cost information including cost analysis of selected items, subscriber cost estimates, taxes/insurance schedule, pole rental rates, miles and homes comparison chart, new construction breakout by year and current profit and loss statement, all of which impact proposed rate increase request Another added expense was the converter boxes and remote controls, salary increases in order to obtain and keep qualified personnel and spiraling cost of insurance Councilman Hendler questioned 20% increase as rather high and asked if there were other areas that they might cut costs as other businesses have been forced to do Mr Asplund replied if they could delete some of the mandated channels that our present franchise calls for, that could be a possibility The City Attorney explained that our present franchise is quite flexible as it doesn't mandate numbers Councilman Beverly Green commended Columbia Television as doing everything we have asked them to She expressed some concern over forthcoming scramblers Mr Asplund replied that they have provided twelve de-scramblers which is only a technical problem Mr Gary Kuster, representing VTR Productions, also commended Columbia Television Company with providing our community with good service He would be willing to pay increased cost because he knows what is coming in the future Mr Tom Doncaster, 1910 N 9th, stated if we are going to get superior service, then we are going to have to pay Mr Sterl Adams reiterated he served on Television Committee and commended Mr Asplund for a job well done However, he had some reservations about 20% increase Following three (3) calls from Mayor Jackson for further comments from the floor, either for or against, the public hearing was declared closed Mr Kraft moved to continue the public hearing until 8 00 P M , Monday, May 5, 1986 and, further, authorize the City Manager to employ the services of Mr Les Page, CATV Consultant, not to exceed $2,000 for review of financial need for the proposed rate increase Seconded by Mr Snider Motion carried by roll call vote of six (6) MAYOR JACKSON DECLARED THE PUBLIC HEARING OPEN FOR THE PURPOSE OF CONSIDERING THE MATTER OF REVIEWING AND ADOPTING THE REVISED STATE ENERGY CODE It was noted that the Hearing had been duly publicized as required by law There were no written communications Mr Dave McDonald stated the State adopted its first Energy Code in 1980 Since that time, work has proceeded forward on the development of additional standards and codes relating to energy conservation Last year, the State Building Code Council adopted a revised State Energy Code as Chapter 51 12 of WAC Adoption of the Revised State Energy Code is mandatory and according to WAC, must be adopted by local governments on or before April 1, 1986 Under the revised Code, local governments can elect not to adopt the State Energy Code provided 1) A more energy efficient code is adopted and provisions are made for reimbursement of additional consumer costs, 2) The community operates its own electrical system and has its own Energy Code, and 3) A less restrictive Code can be adopted if the local government can show that the State Code is not cost effective for that City MINUTES PASCO CITY COUNCIL REGULAR MEETING MARCH 17, 1986 PUBLIC HEARING - Continued (Energy Code) Ms. Joanne Schlagel, representing Builders and Contractor's Association, asked "are you well aware what impact this will put on the contractor - are you ready to make deviations in your City Code, calculations, etc.?" Councilman Snider questioned whether or not this had to be acted upon tonight as he had not had an opportunity to review the new Code. Mr. McDonald replied they had just received it this date In order to more clearly understand the new regulations, etc., Mayor Jackson appointed Councilmen Duke Snider and Beverly Green to review the new Code and report back to council on April 7, 1986. Following three (3) calls from Mayor Jackson for further comments from the floor, either for or against, the public,hearing was declared closed. MAYOR JACKSON DECLARED THE PUBLIC HEARING OPEN (CONTINUED) ON THE 1986 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AMENDMENT It was noted that the hearing had been duly publicized as required by law. There were no written communications. Councilman Snider publicly stated that his concern was not for streets in the Filter Plant area alone, but Boat Basin Area as well. He was an avid supporter of Pasco and resented the inference of "anti-Pasco." Further, he agreed with Farmer's Market concept, but if we were going to put up a structure, "then, let's do it right " He suggested getting an engineer's input and cost estimate before proceeding in order to ascertain whether we had adequate funds available for a quality structure. The only thing available at the present time was an artist's drawing and he did not feel this was enough information. Councilman Hendler supported a Farmer's Market as a means of bringing people back to Pasco. Mrs Pamela Doerr, 2742 Elm Road, again urged Council's support of a Farmer's Market in order to help Pasco's image as well as the consumers. Mrs Dorothy Schoeppach, Manager of Pasco Chamber of Commerce, reiterated she had received many enthusiastic calls in support of a Farmer's Market and wanted to relay that information to the City Council. Following three calls from Mayor Jackson for further comments from the floor, either for or against, the public hearing was declared closed. Mr. Kraft moved to amend the 1986 Community Development Block Grant Program of activities by deleting entirely the Rental Rehab Program ($50,000) and reducing the Home Security Program allocation by $5,000 and reducing the Revolving Loan Fund by $10,000 and allocating the combined balance of $25,040 for the proposed Farmer's Market structure with the stipulation that staff is authorized to perform a preliminary design study and return to council on April 7, 1986. Seconded by Mr. Hendler. Motion carried by roll call vote of six (6) , UNFINISHED BUSINESS Dispatch Service Mr. Snider moved to approve the Interlocal Cooperation Agreement for Emergency Dispatch Service between Franklin County, Franklin County Sheriff and the City of Pasco for 1986, and authorize the Mayor to sign said agreement. Seconded by Mrs Boothe Motion carried by roll call vote of six (6) 1986 Overlays and Crackseal Project Nos. 86-3-01, 86-3-02 and 86-3-04 Mr. Snider moved to award the contract for construction of the 1986 Overlays and Crack Seal Project Nos 86-3-01, 86-3-02, and 86-3-04, in the amount of $366,666 00 to low bidder, Acme Concrete Company, Asphalt Division, and further, to authorize the Mayor to sign the contract documents Seconded by Mr. Hendler. Motion carried by roll call vote of six (6) 1986. , , City Clerk PASSED and APPROVED this 9 day o e—W a son, Mayor MINUTES PASCO CITY COUNCIL REGULAR MEETING MARCH 17, 1986 NEW BUSINESS - Continued Appointment to Housing Authority Board Mr Snider moved to approve the Mayor's appointment of James Johnson to Position No 5 on the Pasco/Franklin County Housing Authority Board, to a five-year term of office which will expire on January 28, 1991 Seconded by Mrs Boothe Councilman Hendler expressed strong concern over the fact that the City Council had voted on a ballot of 5 - 2 on March 10, 1986 for another candidate, then in Executive Session on this date reversed their decision for another candidate. He deplored this type of action and felt the Council should have remained firm on their original selection (by secret ballot). Motion carried by roll call vote of five (5). Councilman Hendler voting no. RESOLUTIONS/ORDINANCES RESOLUTION NO. 1716 A RESOLUTION FIXING THE TIME AND PLACE FOR A PUBLIC HEARING TO CONSIDER THE VACATION OF CERTAIN PORTIONS OF STREET RIGHTS-OF-WAY WITHIN THE CITY OF PASCO. Resolution No. 1716 was read by title only. Mr. Kraft moved to approve Resolution No. 1716, fixing the time and place for a public hearing to consider the vacation of certain portions of street rights-of-way within the City of Pasco. Seconded by Mr. Snider. Motion carried. ADJOURNMENT No further business to come before the council, meeting adjourned t 11 40 P.M. I