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HomeMy WebLinkAbout10-06-1987 MinutesMINUTES PASCO CITY COUNCIL REGULAR MEETING OCTOBER 6, 1987 EXECUTIVE SESSION Executive session from 7 50 P.M. until 8 00 P.M for the purpose of discussing real estate at Mr Snider's request. No action taken. CALL TO ORDER Meeting called to order at 8 05 P.M by Joe W. Jackson, Mayor. ROLL CALL By Deputy City Clerk Councilmen present were Beverly Green, Ed Hendler, Lee Kraft, E A. Snider and Joe Jackson Mr. Morgan was excused. Also present were Gary Crutchfield, City Manager, Greg Rubstello, City Attorney, Dennis Uright, City Engineer, Richard Erickson, Director of Parks/Recreation, and David McDonald, Director of Community Development. CONSENT AGENDA Mr. Snider moved to approve Consent Agenda, seconded by Mr Hendler, motion carried unanimously. Consent items are as follows. a) Approval of Minutes. To approve minutes of the regular meeting of the Pasco City Council, September 21, 1987 b) Bills and Communications. To approve General Claims in the amount of $379,032 73, claim warrant nos 55664 through 55807. To approve Payroll Claims in the amount of $294,272 56, payroll voucher nos. 4095 through 4284, and 4285 through 4453. To approve Bad Debt Urite-Offs in the amount of $8,617.68 and, of this amount, authorize $7,901.85 be turned over for collection. c) Resolution No 1798 To approve Resolution No 1798, fixing 8 00 P.M., Monday, November 2, 1987, as the time and date for a public hearing to consider vacation of certain street and alley rights-of-way within the City. (PASCO SCHOOL DISTRICT, ME # 87-17-V ) d) Revotation of Business License. Setting hearing for the business licensee of El Barrilito Restaurant, 1008 U Columbia, Pasco, to appear and show cause why such license should not be revoked. To fix 8 00 P M., October 19, 1987 as the time and date for a hearing to consider the revotation of business license for El Barrilito Restaurant, and direct the City Clerk to give notice to the licensee required by PMC 5 04 110(c), which notice shall specify as grounds for revocation, "wrongful behavior of a substantial character and of a public concern in relation to the licensed activity" and as "reasonably necessary in the interest of protection of the public health, safety, peace or welfare." e) Appointment to Parks/Recreation Advisory Council. To concur in the Mayor's appointment of Dr. Charles W. Coleman to Position #2 on the Parks/Recreation Advisory Council, to a term which will expire on February 2, 1990 (replacing Dave Primus ) ADDED TO CONSENT AGENDA DURING WORKSHOP SESSION. f) Application and Permit for Use of Park/Recreation Facilities. To approve use of the Pasco Senior Center by the Martin Luther King Jr. Monument Committee on Saturday, November 7, 1987 from 10 00 A.M. to 7 30 P.M , to hold a Fund Raiser Smorgasbord for the building of the King Monument. All charges to be waived except the $133.00 supervisory fee and the refundable damage deposit of $100.00. VISITORS Mayor Jackson asked if there was anyone wishing to address the council with matters which were not on the agenda. The following persons spoke to the Council on behalf of the Pasco Youth Association (Pasco Grid Kids) MINUTES PASCO CITY COUNCIL REGULAR MEETING OCTOBER 6, 1987 VISITORS - Continued 1. Aaron Beasley, 304 S. 26th, Pasco. 2. Larry Mothersbaugh, 4608 W. Peyote Dr., Pasco. 3. Lauri Lamb, 4608 W. Ivy, Pasco. 4. Vern Dunn, 1265 Ray Blvd., Pasco. 5. Raymond Avery, 621 N. Beech, Pasco. 6. June Uribe, 729 W. Nixon, Pasco. Mr. Beasley said that they were here to ask the City exactly what was going on with the negotiations for the field since the June 15th Council Meeting when Council gave its tentative okay for them to work out a contract with the City for the use of Highland Park He, then, handed out blueprints of the proposed development of the facility. Mr. Beasley said that the field would be used mainly by kids 17 years and younger. Mayor Jackson asked the City Manager to respond to Mr. Beasley's question regarding the tentative agreement Mr. Crutchfield responded that staff has run into legal snags that the City was not aware of in June. Staff is trying to work out the details. He said that he had explained that to Mr. Beasley two weeks ago, and told him that it would be on the Council Workshop Agenda on October 12th. Staff still intended to meet that deadline, barring unforeseen circumstances. Mr. Crutchfield said that he had found out that the property had been purchased 22 years ago with a grant involving State and Federal funds that has several strings; one of which "it has to remain open to the public." To what extent the City can grant reservation rights to any particular group has not yet been determined. He said that the City had hoped to be able to lease it like Walters Field, but it was not going to be that simple. There are also liability questions Mayor Jackson said he thought it was appropriate for him to say on behalf of the Council that they were as anxious to see this project move ahead as the people at the meeting were, and that the City was doing everything in its power to see that the schedule could be met. He said that staff was diligently pursuing the matter of the Interagency funding. Secondly, it was important to recognize the liability problems. He felt confident that the problems could be worked out However, the Council was in need of the additional information that staff committeed to try to have available October 12th. He said they sympathized with the group regarding the difficulty in getting the final document put in place so that they could go ahead with the program, however, Council must be very careful to insure that the arrangement that is finally together will meet their needs as well as provide for the benefit that Council wants to be sure they get in that regard. Each councilman present expressed wholehearted support for the project The Youth Association representatives were concerned about the time factor involved, getting started before the "snow flies," the contract terms that had not yet been resolved, the problem of their financial backers possibly expending their funds elsewhere, the fact that they had approached the Council originally in June and their feeling that nothing had been done, or that the City was trying to block or stop the project and was generally not being cooperative. They believed that using the field for "kids" 17 and under was in conformance with the legal problem of "open to the public." The field was not to be used exclusively by the Grid Kids, it was also going to be used by the Pony Colt Leage and other groups. They felt they were not getting any answers to their questions. The Council continued to express their support for the project and urged the parties to be patient and work with the City staff The staff members were doing all they could to get the problems worked out The representatives agreed to attend the next Workshop Meeting, October 12, 1987. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES RELATING THERETO MAYOR JACKSON OPENED THE PUBLIC HEARING FOR ORDINANCE NO. 2663 AN ORDINANCE VACATING A CERTAIN PORTION OF AN ALLEY IN BLOCK 3, GRAY'S AMENDED ADDITION TO THE CITY OF PASCO. Ordinance No. 2663 was read by title only. MINUTES PASCO CITY COUNCIL REGULAR MEETING OCTOBER 6, 1987 PUBLIC HEARING - Continued Community Development Director David McDonald informed the Council that the proper notices had been given. Tru-Door, Inc. was requesting this action in order to ex- pand their building. In order to expand it, they need to build across the existing alley. All utilities presently occupy the alley. The utilities are willing to cooperate by either capping off, re-routing, or abandoning their lines. They are currently awaiting a private easement agreement with the telephone company. Mr. McDonald asked that the matter be deferred until November 2, 1987. 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 defer action on Ordinance No. 2663, to November 2, 1987. Mr. Snider seconded Motion carried unanimously. MAYOR JACKSON OPENED THE PUBLIC HEARING FOR THE PURPOSE OF CONSIDERING THE MATTER OF TRANSFERRING UNEXPENDED 1984 AND 1985 BLOCK GRANT FUNDS TO OTHER ACTIVITIES Mr. Hendler moved to authorize the re-allocation of remaining Revolving Loan Funds under the 1984 and 1985 Block Grant Program years to the Revolving Abatement Fund and Handicapped Modifications activities in the amounts of $46,000 and $31,000 respectively. Mr. Snider Seconded. Community Development Director David McDonald informed the Council that the proper notices had been given. He said they have been unable to expend a portion of the funds from the 1984 grant and all of the 1985 grant. either for or against, the public hearing was declared closed. Main motion carried by roll call vote of five (5). ORDINANCES/RESOLUTIONS NOT RELATED TO PUBLIC HEARINGS RESOLUTION NO. 1799 A RESOLUTION ESTABLISHING A COMMITTEE TO INVESTIGATE THE NEED, FEASIBILITY AND LOCATION OF A SOFTBALL7SOCCER COMPLEX. Resolution No. 1799 was read by title only. Mr. Kraft moved to approve Resolution No. 1799, establishing a Softball/Soccer Complex Study Committee. Mr. Snider seconded. Aaron Beasley said that approximately six years ago, he was on the Committee that studied location, cost and other factors for a complex and had turned the information over to the Council at that time. Mr. Snider replied they had decided not to build it at that time and Mr. Kraft pointed out that cost had been the issue. Mr. Beasley said he would like to see a complex brought to the area. He volunteered to be on the committee again. Mr. Crutchfield said that each organization nominates one of their members for the committee. Mayor Jackson suggested that Mr. Beasley contact his softball league because the council could not appoint him to the committ Mr. Beasley said he would like to be on the committee even if he was not nominated and Mr. Crutchfield asked that Mr. Erickson, the City's Parks/Recreation Director, make a note of that. Mr Erickson said that it would take approximately six months to complete the study. Mr. Kraft suggested that they try to have it done by January 1st. Mrs. Green pointed out that they did have the past study to work from. Mr. Beasley asked that the motion be amended to include "also a football field" or the architect would not include one. Mr. Crutchfield said they had used a portion of the funds for two businesses, but no other business had been able to meet the reouirements in the past three years. Mr McDonald said the next program year was coming up. IIIFollowing three (3) calls from Mayor Jackson for further comments from the floor, MINUTES PASCO CITY COUNCIL REGULAR MEETING OCTOBER 6, 1987 RESOLUTIONS - Continued June Uribe, 729 W. Nixon, asked if an Environmental Impact Statement would be required, or if this matter would take priority over the youth field. Ms. Uribe asked if the City still owned McLoughlin Jr. High property. Mr. Crutchfield replied that it had been sold on contract. Mr. Snider said there was a big difference between this matter and the Highland Park matter. This project would occur in the distant future, if ever. Mayor Jackson called for a vote and the motion carried unanimously. UNFINISHED BUSINESS Nadine Leaverton, 2602 W. Margaret, wanted to discuss Mr. Kidwell's question from last week about the baskets from grocery stores being left all over town. She spoke with management from two grocery stores and their responses were 1) they should be immediately picked up and, 2) what can we do? They used to pay fifty cents a basket to pick them up. She thinks there is a need to get them picked up because they clutter the streets, etc. City Attorney Greg Rubstello said that in addition to the general theft laws (State), there is a special theft law regarding shopping carts. Mrs. Leaverton gave, as an example, if her plumbing supplies fell into the street, a Policeman would probably call her and tell her to get them out of the street or off the curb, etc., so what is the difference between her plumbing supplies and the stores' shopping carts? She had been advised that the carts cost $100 a piece to replace them. Dave McDonald said that he had obtained a copy of the State Code. It is a mis- demeanor to remove the carts from the stores. The letter requested by the City Manager was being prepared Mr. Rubstello said that it would probably fall into the Nuisance Laws in the Pasco Municipal Code. Mr. Hendler suggested that perhaps our cooperative Police Department could pick them up and return them. Perhaps a memo could be sent to the Police Department. Mrs. Green said that it was not the fault of the grocery store when the carts disappear from the lots. Perhaps a fine to remind people that they should leave them at the store. Mr Hendler pointed out that some of the carts are privately owned. Mr. Kraft suggested a letter to the stores, telling them to clearly identify their carts. Mayor Jackson said that staff had received sufficient guidance to take appropriate steps. NEW BUSINESS Special Permit - Unclassified Use (ME #87-16-CUP) Mr. Snider moved to concur with the findings and conclusions of the Planning Commission and, therefore, the request for special permit for a church at 517 W. Lewis Street be denied. Seconded by Mr. Kraft. Mr. Ken Reithmayr, 1031 W. Park Street, who is the owner of Kurt's Decorative Service, 516 W. Clark, said that he had been in business since 1963 and had watched the downtown area deteriorate into what it is today. As he is not the owner of the building, (he leases) he did not know about the special use hearing. He was surprised that it had been denied He said that parking was given as a reason to deny the use permit and he didn't see how that was a problem because they had worked out an agree- ment with Benton Franklin National Bank. The other reason given was because of the Alcohol Laws. He said he counted 4 lounges and 3 taverns within 2 blocks of the building. He said that everyone was probably aware of all of the problems that center around these establishments. He did not think that was a valid reason to deny the use of the building. He thought they might be able to use the theatre to show Spanish movies for the Spanish people. It would be more wholesome than the Liberty Theatre. It would be a positive move away from the drugs that are associated with the downtown area. It would be an empty building put to use, it would be cleaned up, pay some taxes and draw wholesome people to the downtown area. MINUTES PASCO CITY COUNCIL REGULAR MEETING OCTOBER -6, 1987 SPECIAL PERMIT - Continued Mr. Kraft asked if the Planning Department's decision had been appealed. Mr. Crutchfield said that it had not. Mr. McDonald said that the parties involved had been made aware of the appeal process and had chosen not to appeal. Mr. Hendler wanted to know if it was, in fact, a legitimate church group. Mr Crutchfield said that it was, there was no question about that. Mr. Hendler then said that the City had been looking for leadership in the Spanish speaking community and that this might be the beginning. Mr. Reithmayr said that since the church meetings were held on Sunday evenings, he didn't see that there was a parking problem. Mr. Kraft asked if he had been asked to come on their behalf and Mr. Reithmayr said that he read it in the paper. Mr. Snider wanted to know why the Church representatives were not there. Mr. McDonald said the representatives had taken the matter back to the church board and they had decided not to pursue it. All persons involved had been notified of what steps were required to appeal the decision. There was one letter received from a gentleman who owned property on Clark Street, saying he was opposed to it. An adjacent owner was very concerned and had spoken in opposition. The Coordinator for downtown group expressed concern, but the Board could not get together to make a decision whether or not to oppose it. The Planning Commission vote was unanimous They said it had been a very difficult decision to make. Mr Snider said that he understood the concerns but thought some things might be overlooked. The parties seeking the special use permit were not at the meeting and they had chosen not to appeal it. Why should the Council insist that they do? Mr. Hendler said he thought perhaps the Council was being short sighted. For a long time, the City has been looking for leaders in the Spanish community. They comprise 25% of our population and we have the problems they have brought with them. Most of the buildings in the area are vacant so who would it hurt to allow it for use as a church? He said he wanted to give them another chance - to encourage them. Mr. Kraft said that if Mr Snider was willing to withdraw his motion, he would withdraw his second to move to have a second public hearing before the Council. Mr. Snider said he would move to table it until the next regular Council Meeting. In the meantime, staff could make contact with the parties concerned and see if they want to pursue it. Mr. Snider than formally moved to table this matter until the next regular Council Meeting. Mrs. Green seconded the motion. !lotion carried with a roll call vote of four (4), Mayor Jackson voting no 1987 Patching Contract. Mr. Snider moved to award the contract for the 1987 Street Patching to the low bidder, Transtate Paving Inc., in the amount of $19,305 and, further, to authorize the Mayor to sign the contract documents. Mr. Kraft seconded the motion. No discussion. Motion carried by roll call vote of five (5). Golf Course Clubhouse Restaurant - Concession and Lease Agreement. Mr Hendler asked why this matter was on the agenda. Mr Crutchfield responded that Mr. and Mrs. Cook, two of the four original partners, are selling their interest to Earl Martin, Sr , Earl Martin Jr's father. Mr. Crutchfield had received a copy of Mr. Martin Sr's statement of net worth and an irrevocable letter of credit replacing Mr. Cook's. Mr Snider moved to approve Amendment No. 1 to the Golf Course Clubhouse, Restaurant, Concession and Lease Agreement, and authorize the Mayor to sign same. Mrs. Green seconded the motion. Motion carried by roll call vote of five (5). ADJOURNMENT There being no further business, Mr. Sni moved f adjournment. Seconded by Mr Hendler. Motion carried. Meeting adjou at 9(5 P.M. ATTEST Jar son, Mayor (4J/ ary A Ralls, eputy City Clerk ASSED and APPROVED this /9 day of CV,e,Zt7,4L7_,L1 n , 1987.