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HomeMy WebLinkAbout12-19-1988 MinutesMINUTES PASCO CITY COUNCIL REGULAR MEETING DECEMBER 19, 1988 CALL TO ORDER: The meeting was called to order at 8:00 P.M. by Ed Hendler, Mayor. ROLL CALL: By City Clerk. Councilmen present were: Michael Garrison, Ed Hendler, Lee Kraft, E.A. Snider and Emerson Morgan. Councilmen Beverly Green and Joe Jackson were absent from the meeting (excused). Also present were: Gary Crutchfield, City Manager; Greg Rubstello, City Attorney; Jerry Conner, Director of Finance; Donald Francis, Police Chief; Larry Dickinson, Fire Chief; David McDonald, Director of Community Development; and Webster Jackson, Purchasing/Personnel Officer. CONSENT AGENDA: Mr. Snider moved to approve Consent Agenda. Seconded by Mr. Garrison. Motion carried. Consent items are as follows: a) Approval of Minutes. To approve minutes of regular meeting, held December 5, 1988. b) Bills. To approve general claims in the amount of $138,987.49 ($4,156.71 being in the form of Wire Transfer Nos. 2085 and 2090; and $134,830.78 consisting of Claim Warrants numbered 60068 through 60197). c) Supplement Agreement No. 4 to Agreement No. GC 5555 - Removal of Old Pasco/Kennewick Bridge: To approve Supplement Agreement No. 4 to Agreement No. GC 5555 between the Washington State Department of II Transportation and the cities of Pasco and Kennewick for trhe removal of the Old Pasco/Kennewick Bridge, and authorize the Mayor to sign same. d) Contract Renewal, Metro Drug Task Force Grant: To approve the Narcotics Control Grant Contract No. 1-88-26008 between the City and the Department of Community Development, and authorize the Mayor to sign same. e) Special Permit Extension (MF #88-08-CUP): To grant the News Wheels Organization a six-month extension to obtain a business license under the special use permit issued on June 6, 1988. f) Resolution No. 1858. A Resolution authorizing the Benton-Franklin Public Transit Authority to install a bus passenger shelter at a certain location within the City of Pasco. g) Block Grant Anti-Displacement Relocation Assistance Plan: To adopt the Anti-Displacement and Relocation Assistance Plan, as prepared by staff for utilization in City's Community Development Block Grant Program. h) Sale of Surplus Vehicles: To declare the vehicles listed below surplus to City need and authorize staff to sell, as is and where is, those vehicles by sealed competitive bid, subject to the respective amount bid: -1- I 4t MINUTES REGULAR MEETING PASCO CITY COUNCIL DECEMBER 19, 1988 CONFISCATED VEHICLES Quantity Year Make Minimum Bid 1 1981 Buick Riviera $1,000 1 1980 Chevrolet 600 1 1979 Datsun 150 1 1979 Pontiac Trans-Am 500 1 1979 Chevrolet Elite 300 1 1974 Datsun 260Z 500 1 1964 Chevrolet Impala 75 EQUIPMENT RENTAL VEHICLES 1 1986 Ford LTD (wrecked) 700 1 1986 Ford LTD 1,400 1 1986 Ford LTD 1,400 1 1979 Pontiac 600 1 1979 Dodge Pickup 800 1 1977 Pontiac 300 1 1974 Dodge Pickup 500 1 1974 Dodge Pickup 500 1) Mid-Columbia Regional Library Board Appointment: To concur in the appointment of Carol Ann Harris by the Franklin County Commissioners to a seven-year term on the Mid-Columbia Regional Library Board. ]) Appointment to Housing Authority Board: To concur in the Franklin County Commissioner's re-appointment of Ray Pflueger to Position No. 3 on the Housing Authority Board, to a term which will expire on January 28, 1994. k) Indigent Defense Services Agreement: To approve the Agreement for Indigent Defense Services with Attorneys Linda Waite and Michael Koslowski for 1989, and authorize the Mayor to sign said Agreement. PROCLAMATIONS AND AWARDS: On behalf of the Pasco City Council, Mayor Hendler signed Proclamation in appreciation of Paul C. Gregson, Division Administrator, Federal Highway Administration for the State of Washington, on the occasion of his retirement at the end of the year. VISITORS: There were no visitors wishing to address the council at this time. REPORTS FROM COMMITTEES AND/OR OFFICERS: Ben-Franklin Transit Authority - December 8, 1988. Mr. Hendler reported that 1989 Budget was adopted, the new busses were running smoothly and there had been an increase in fare box revenue. Senior Citizens Advisory Committee - December 12, 1988. Mr. Morgan reported meeting had been chaired by Jack Cooney. Mr. Art Roebuck stated that some of their equipment wasn't being returned in a timely manner; therefore, it was suggested that a letter be written to Dick Erickson, ascertaining whereabouts of equipment. A status report on Area Agency grants was given. -2- MINUTES REGULAR MEETING PASCO CITY COUNCIL DECEMBER 19, 1988 PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES RELATING THERETO: MAYOR HENDLER DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THOMAS KIDWELL APPEAL FOR VARIANCE TO FRONT YARD REQUIREMENTS IN C-1 DISTRICT. It was reported that the hearing had been duly published as required by law. Mr. McDonald stated the applicant made application to the Hearing Examiner for the City of Pasco for a variance to the front yard requirement in a C-1 District. Subsequent to a public hearing, the examiner made written findings of fact and conclusions of law, as required by PMC Chapter 22.16 and rendered a decision to deny the variance request. The applicant has made written appeal of the Examiner's decision as provided by Chapter 22.16 and the City Council must abjudicate the appeal request. This case represents the first action of the hearing examiner system since City Council adopted the procedure in 1986 (replacing the Board of Adjustment). In accordance with PMC 22.16.160, the City Council may accept, modify or reject the decision of the examiner. If substantial new information comes to light, the Council could remand to the examiner in relation to any factor(s) deemed appropriate. Mr. Thomas Kidwell stated if he were allowed to setback 10', he would blacktop and landscape property, thus eliminating an alley along side a street. In order to accommodate a proposed tenant for building he planned to build, the proposed setback (properly landscaped) would be more conducive to neighbors on Brown Street than present rear-door unloading areas. The Council explained to Mr. Kidwell that it did'nt appear he had any new findings and fact to substantiate his appeal, and while they were sympathetic of his request, they felt they had no alternative but to concur with Hearing Examiner; otherwise, they would be setting an illegal precedent. Mr. Phil Van Hoy, owner of Phil's Sporting Goods, supported Mr. Kidwell's appeal and urged approval of his variance request. Following three (3) calls from Mayor Hendler for further comments from the floor, either for or against, the public hearing was declared closed. Mr. Garrison moved to concur with the findings, conclusions, and decision of the Hearing Examiner and, therefore, the variance be denied. Seconded by Mr. Kraft. Mr. Snider felt the 5' setback requested by Mr. Kidwell would be far more desirable than the 15' required by the Code and he was concerned that the City was creating more of a problem than it was solving. I Main motion carried by roll call vote of four (4). Mr. Snider voting no. MAYOR HENDLER DECLARED THE PUBLIC HEARING OPEN TO CONSIDER RECOVERY OF ABATEMENT COSTS FOR 725 S. HUGO, 817, 817 1/2 S. 5TH AVENUE, 112 N. OWEN AND 626 W. CLARK: It was noted that the hearings had been duly advertised as -3- MINUTES REGULAR MEETING PASCO CITY COUNCIL DECEMBER 19, 1988 required by law. The following written communications were read into the record in opposition. Mr. George Garst, 725 S. Hugo, considered action inappropriate and entirely unwarranted. C.M. & Jane Pinkerton, 817, 817 1/2 and 819 S. 5th Avenue, were represented by William Hames, Attorney at Law, who stated this property was included in bankruptcy proceeding; further, the houses were forfeited to City of Pasco and the City of Pasco was listed as a creditor in the bankruptcy. Ann A. Crain (626 W. Clark) submitted copies of correspondence to local contractor - asking that the property be demolished but he was always too busy. She didn't feel she was responsible for City's cost of demolition. Mr. Snider moved to approve abatement expenses for the following stated properties in respective amounts: 725 S. Hugo, Lots 12-16, Block 11, Kurtzman Addition, $4,794.25; 817, 817 1/2, 819 S. 5th Avenue, Lot 12, and the south 10' of the east/west alley, Block 1, Gantenbein's Addition, $5,771.82; 112 N. Owen Avenue, Lots 22 and 24, Block 6, A.M. Wehe's First Addition, $4,594.14; and 626 W. Clark, Lots 12 and 14, Block 15, Gerry's Addition, $3,836.10 as a special assessment and lien upon the property. Seconded by Mr. Kraft. Motion carried. MAYOR HENDLER DECLARED THE PUBLIC HEARING OPEN TO CONSIDER RECOVERY OF ABATEMENT COSTS FOR 26 WEST "A". It was noted that the hearing had been duly publicized as required by law. Mr. Peter Hall stated that he and his wife had purchased an interest in the property in September, 1986 with the explicit understanding they would receive a 30-year lease from Burlington Northern. Due to change of personnel, they never received a reply from the railroad nor a granting of lease. Since the railroad is the defacto owner of property, Mr. Hall felt that any costs incurred by the City for demolition should be borne by the railroad. The City Attorney stated if there was no ownership of record against Peter Hall, the City could not legally collect from them. Following three (3) calls from Mayor Hendler for further comments from the floor, either for or against, the public hearing was declared closed. Mr. Garrison moved that abatement expenses for Lot 5, Block 3, Fann's Addition in the amount of $4,540.92 against said property as a special assessment and lien upon the property. Seconded by Mr. Snider. Motion carried. ORDINANCES AND RESOLUTIONS NOT RELATED TO PUBLIC HEARINGS: ORDINANCE NO. 2709 (Second Reading) AN ORDINANCE RELATING TO SUPPLEMENTAL CAPITAL IMPROVEMENTS BUDGET FOR THE YEAR 1988. Ordinance No. 2709 was read by title only. Mr. Kraft moved to adopt Ordinance No. 2709, authorizing the 1988 Capital Projects Supplemental Budget No. 1 in the amount of $739,000. Seconded by -4- MINUTES REGULAR MEETING PASCO CITY COUNCIL DECEMBER 19, 1988 Mr. Morgan. Motion carried. ORDINANCE NO. 2710 (Second Reading) AN ORDINANCE ADOPTING THE CITY OF PASCO OPERATING BUDGET FOR THE YEAR 1989. Ordinance No. 2710 was read by title only. Mr. Snider moved to adopt Ordinance No. 2710, authorizing the 1989 annual operating budget in the amount of $15,052,085. Seconded by Mr. Garrison. Motion carried. ORDINANCE NO. 2711 (Second Reading) AN ORDINANCE ADOPTING THE CITY OF PASCO CAPITAL PROJECTS BUDGET FOR THE YEAR 1989. Ordinance No. 2711 was read by title only. Mr. Snider moved to adopt Ordinance No. 2711, authorizing the 1989 Capital Projects Budget in the amount of $2,585,000. Seconded by Mr. Kraft. Motion carried. ORDINANCE NO. 2712 AN ORDINANCE CONCERNING THE AMBULANCE SERVICE EXCISE TAX; AND AMENDING CHAPTER 3.05 OF THE PASCO MUNICIPAL CODE. Ordinance No. 2712 was read by title only. Mr. Kraft moved to adopt Ordinance No. 2712, an Ordinance concerning the ambulance service excise tax and amending Chapter 3.05 of the Pasco Municipal Code. Seconded by Mr. Snider. Motion carried. (Mayor Hendler expressed his regrets for this action, but in the tight budget times we are facing, there was no alternative). Mr. Harold Long, 2408 W. Octave, felt that an ambulance tax levied against each rentable unit was excessive in view of the fact that he owned a 4-plex and hadn't had a tenant in three years, yet he paid a monthly ambulance tax for four units. RESOLUTION NO. 1859 A RESOLUTION AMENDING THE 1989 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BUDGET FOR THE CITY OF PASCO. Resolution No. 1859 was read by title only. Mr. Snider moved to approve Resolution No. 1859, amending the 1989 Community Development Block Grant Program. Seconded by Mr. Morgan. Motion carried. ORDINANCE NO. 2713 AN ORDINANCE CONCERNING WAGES FOR CERTAIN PERSONNEL (NON-REPRESENTED) FOR THE CALENDAR YEAR 1989. Ordinance No. 2713 was read by title only. Mr. Garrison moved to adopt Ordinance No. 2713, adjusting the wage schedule for certain non-represented personnel for 1989. Seconded by Mr. Kraft. Motion carried. ORDINANCE NO. 2714 AN ORDINANCE CONCERNING SALARIES AND WAGES FOR MANAGEMENT SALARIES FOR THE YEAR 1989. -5- Ed H ndler, Mayor PASSED and APPROVED this3 day o , 19 841 ATTEST: Evelyn ells, City Clerk MINUTES REGULAR MEETING PASCO CITY COUNCIL DECEMBER 19, 1988 Mr. Morgan moved to adopt Ordinance No. 2714, adjusting management salaries for the year 1989. Seconded by Mr. Snider. Motion carried. NEW BUSINESS: Agreement Renewal TRIDEC: Mr. Kraft moved to approve the Agreement with TRIDEC for economic development services and authorize the City Manager to sign said Agreement. Seconded by Mr. Snider. Motion carried. MISCELLANEOUS - INCLUDING SUGGESTIONS FROM COUNCIL: Mayor Hendler read memo from City Manager, stating in view of tight budget times ahead, the Management Team unanimously agreed to forego its right to cash-out unused vacation time at year's end. The savings would amount to approximately $10,000 and Mayor Hendler said Management and Staff were to be commended for this action. Councilman Morgan commended Mayor Hendler for his strong leadership in 1988 and this sentiment was echoed by other members of Council. The City Manager announced that the workshop meeting of December 26th is being cancelled due to Christmas holiday. ADJOURNMENT: No further business, the meeting adjourn 9:20 P.M.