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HomeMy WebLinkAbout1990.06.04 Council MinutesMINUTES PASCO CITY COUNCIL REGULAR MEETING JUNE 4, 1990 EXECUTIVE SESSION: An Executive Session was called at 7:30 P.M. to discuss personnel. It adjourned at 8:00 P.M. with no action taken. CALL TO ORDER: The meeting was called to order at 8:00 P.M. by Joe Jackson, Mayor. ROLL CALL: By City Clerk. Councilmen present were: Joyce DeFelice, Michael Garrison, Ed Hendler, Joe Jackson, Chris Jensen, Charles Kilbury and E.A. Snider. Also present were: Gary Crutchfield, City Manager; Greg Rubstello, City Attorney; David McDonald, Director of Community Development; Donald Francis, Chief of Police; Larry Dickinson, Fire Chief; James Ajax, Director of Public Works; and Webster Jackson, Purchasing/Personnel Officer. PLEDGE OF ALLEGIANCE: The meeting opened with Pledge of Allegiance. CONSENT AGENDA: Mr. Garrison moved to approve Consent Agenda, as amended. Seconded by Mr. Snider. Motion carried. Consent items are as follows: a) Approval of Minutes. To approve minutes of regular meeting, held May 21, 1990. b) Bills. To approve General Claims in the amount of $161,726.32 ($13,474.31 being in the form of Wire Transfer Nos. 2577 and 2583; and $148,252.01 consisting of Claim Warrant Nos. 65680 through 65803). To approve Payroll Claims in the amount of $317,486.49; Payroll Voucher Nos. 15674 through 15835; and 15836 through 15997. To approve bad debt write-offs for utility billing, ambulance, and Municipal Court Non-Criminal accounts receivable in the total amount of $11,602.63 and, of that amount, authorize $10,511.20 be turned over for collection. C) To appoint JOE BALTHAZOR and ROY PLOCKELMAN to Sr. Center Expansion Committee. PROCLAMATIONS AND ACKNOWLEDGEMENTS: Yard of the Month Awards. Mayor Jackson presented awards to Fred and Nellie Bohannon, 623 N. Beech; C.F. and Lillian Osterman, 802 S. 7th; Francis and Ola Waggoner, 1719 Shoshone; Mrs. Jean Hales, 904 W. Marie; Allen and Linda McColloch, 2004 N. 9th; and Clayton and Evelyn Alford, 3923 Meadow Beauty Drive as "Yard of the Month" recipients. He and other members of the Council expressed their appreciation for efforts expended in making our community more attractive. VISITORS: There were no visitors wishing to address the Council. REPORTS FROM COMMITTEES AND/OR OFFICERS. -1- MAYOR JACKSON DECLARED THE PUBLIC HEARING OPEN TO CONSIDER A CODE AMENDMENT DEALING WITH SPECIAL PERMITS FOR AGRICULTURE USE. II PUBLIC HEARINGS: MINUTES REGULAR MEETING -PA8C0 CITY COUNCIL JUNE 4, 1990 Benton-Franklin District Health. Mr. Garrison reported they had an Executive Session regarding labor negotiations. There was still concern over measle outbreak and to date, they had given over 12,000 shots. It was noted that the Hearing had been duly publicized and all property owners notified. Mr. David McDonald stated that within the corporate limits of Pasco, there are approximately 25 sq. miles of land. Of that 25 sq. miles of land, approximately 11 sq. miles is vacant and void of urban development. Farming occurs on much of the vacant land throughout the City and has for many years. Farming is presently permitted in the agricultural zone and the RT zone. By special permit, farming may also be allowed in the R-1-S zone. There are presently no provisions within the zoning regulations that permit farming to occur in any of the other zoning districts throughout the City. Pasco is an agricultural community and the demand to use large undeveloped tracts of ground for agricultural purposes will be ever present. In some situations, it may be appropriate to permit farming as an interim use on undeveloped properties and in other situations it may not be appropriate. Farming large vacant tracts of ground allows the land to be put to a productive use until urban development becomes feasible. By allowing commercial farming activities through a special permit process, the City is providing a mechanism to permit large tracts of vacant ground to be utilized for productive uses, yet at the same time, provide a measure of protection to adjoining properties. The City Attorney questioned what kind of documentation guidelines are being considered with regard to pesticides and aerial and ground spraying. Staff replied that the Planning Commission would diligently study the health hazards in order to make the right decision. Councilman Snider didn't feel this was a decision the Council or Planning Commission should be making as we didn't have the expertise to decipher what is hazardous and non-hazardous to people's health. He felt it should be left up to the guidelines of the State and not involve Pasco as a regulation agency. The City Manager suggested that we receive citizen input tonight and continue the hearing pending further information on herbicides, pesticides and whether or not existing farms are grandfathered in. Mr. Alan Newbill, Pathfinder Trailer Court, thanked the Council for solving their previous dust problem but reminded them that proposed farming uses will increase dust again. Following three (3) calls from Mayor Jackson for further comments from the floor, either for or against, the public hearing was declared closed. ORDINANCE NO. 2780. -2- MINUTES REGULAR MEETING PASCO CITY COUNCIL JUNE 4, 1990 AN ORDINANCE RELATED TO ZONING, AMENDING PMC TITLE 22 BY ENACTING SPECIAL USE PROVISIONS FOR COMMERCIAL AGRICULTURAL USES. Ordinance No. 2780 was read by title only. Mr. Kilbury moved to table Ordinance No. 2780 until the next regular meeting for purpose of rejuvenation. Seconded by Mr. Snider. Motion I carried. MAYOR JACKSON DECLARED THE PUBLIC HEARING OPEN TO CONSIDER BANNING THE SALE AND USE OF FIREWORKS WITHIN THE CITY OF PASCO. The City Manager stated this matter has been discussed on three separate occasions resulting in the conclusion that the matter should be left as reflected in State Law and any substantive changes to the types of fireworks permitted to be used should be legislated at State level. It would appear that a complete ban would be more practical to enforce than a partial ban. If a ban or other limitation on the types of fireworks to be sold or used is desired, the Ordinance must be adopted at least one year prior to the July 4th on which it is to become effective. For example, an Ordinance must be adopted on June 18, 1990 in order to be effective for the July 4, 1991 event. Rev. B.J. Hurst supported the continuation of fireworks as it is their primary fund raiser for various missions. He didn't feel a ban would solve the problem but he would sell what he's allowed to. Charles Grigg, owner of Grigg's Department Store, distributed literature in support of fireworks sales, as well as a petition from people wanting to buy legal fireworks. If more restrictive changes are needed, the Fire Marshall, through the direction of the City Council, should lobby the State of Washington. Pasco does not allow children to buy fireworks (age 16) but they can go to the reservations, UPS delivery to homes, or travel to Walla Walla and Benton County to get what they want whether they be legal or illegal fireworks. Mr. Grigg reiterated that he had been in this business for over 20 years and operates three stands employing 25 people. In addition, he employs 40 full time people to prepare for fireworks time frame. To eliminate fireworks would greatly impact his business and jobs in the Pasco area. Mrs. Lavonne Morton, Director of Youth Camp, supported continuing sales as a fund raiser for camp activities. Larry Dickinson, Fire Chief, stated we had 5 stands in 1988; 7 stands in 1989; and 9 stands in 1990. Don Carter, Fire Marshall for Franklin County, reported statistics showed 64% of fires during July 4th holiday were caused by legal fireworks. He favored a complete ban and felt I confident that Franklin County would follow suit if the City of Pasco banned them completely. Following three (3) calls from Mayor Jackson for further comments from the floor, either for or against, the public hearing was declared closed. Councilman Hendler stated that fireworks had been in effect for over 200 years symbolizing the 4th of July. He was concerned -3- MINUTES REGULAR MEETING PASCO CITY COUNCIL JUNE 4, 1990 about fires but felt control was a responsibility of the property owner. He recommended that the State handle situation. Councilman Garrison reiterated that he originally supported a partial ban with Kennewick and Richland, but due to an enforcement problem, he now felt that a total ban was the only logical way to go. RECESS: 8:50 RECONVENED: 9:00 ORDINANCES/RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: ORDINANCE NO. 2781. AN ORDINANCE REGARDING THE UNLAWFUL ISSUANCE OF BANK CHECKS; AND AMENDING SECTION 9.32.060 OF THE PASCO MUNICIPAL CODE. Ordinance No. 2781 was read by title only. Mr. Hendler moved to adopt Ordinance No. 2781, an Ordinance regarding the crime of unlawful issuance of bank checks and amending Section 9.32.060 of the Pasco Municipal Code. Seconded by Mr. Jensen. The City Attorney explained provisions of Ordinance for further clarification. Mr. Snider stated that people do this for a living and consumers are being ripped off. At the present time, if you take merchandise, you go to jail; write a bad check and nothing happens. Motion carried. RESOLUTION NO. 1925. A RESOLUTION DECLARING A MORATORIUM ON THE ISSUANCE OF ITINERANT MERCHANT AND MOBILE VENDOR LICENSES IN THE CITY OF PASCO. Resolution No. 1925 was read by title only. Mr. Hendler moved to approve Resolution No. 1925, declaring a moratorium on the issuance of itinerant merchants and mobile vendor licenses. Seconded by Mr. Jensen. Mr. Bob Schuyler, 1416 N. 1st, was opposed to mobile vending vehicles because they were a health hazard, unsightly and he didn't like them in his neighborhood. Mrs. Isabelle Quintinella urged the Council to bring the vendors into compliance; if they are in violation of the law, cite them. She purchased a mobile trailer at substantial cost to supplement her income and if this Ordinance is approved, she will not be allowed to operate. Mr. Francis Moore felt it was unfair to penalize the small vendor for trying to make a living. Councilman Snider encouraged the free enterprise system. It appeared they were trying to make a living and not on welfare. Mr. Kilbury concurred that we do not need a moratorium. Mrs. Minnie Pesina enjoys their food and stated that they are catering to a large Hispanic population who likes to eat food that the vendors prepare. Councilman Garrison asked if there had been any complaints' -4- No further business, ting adjourned at 9:45 P.M. Joe J kson, Mayor Wel s, City Cler PASSED and APPROVED this Irday oky , 1990. MINUTES REGULAR MEETING PASCO CITY COUNCIL JUNE 4, 1990 Staff replied nominal. Mrs. Norlene Schuyler objected to the congestion in one area. The City Manager explained that staff could do its research and develop appropriate regulatory changes without a moratorium; I however, more vendors will be permitted under current Code while the research is occurring. Main motion FAILED. NEW BUSINESS: The Village at Sun Willows Final Plat, Phase I, (MF #90-10-FP). Mr. Snider moved to approve the final plat and covenants for The Village at Sun Willows, Phase I. Seconded by Mr. Garrison. Motion carried. Special Permit - Harry and Camille Keyes (MF #90-08-SP). Mr. Snider moved to approve the special permit for a parking lot to be located on Lots 11 and 12, Block 16, Stadium Park Addition, as recommended by the Planning Commission. Seconded by Mr. Jensen. Motion carried. Sun Willows Residential Development. Mr. Garrison moved to award the contract for Phase I of the Sun Willows Residential Development, Project No. 90-9-01, to the low bidder, Acme Materials and Construction Co., in the amount of $487,482.31 and, further, authorize the Mayor to sign the contract documents. Seconded by Mr. Snider. Motion carried by roll call vote of seven (7). MISCELLANEOUS - INCLUDING SUGGESTIONS FROM COUNCIL: Mr. Hendler moved to declare the flag pole, located at McLoughlin Jr. High School, surplus to City's needs and donate it to the Franklin County Historical Society for placement at the society's museum. Seconded by Mr. Snider. Motion carried. ADJOURNMENT: