Loading...
HomeMy WebLinkAbout1991.06.03 Council MinutesMINUTES PASCO CITY COUNCIL REGULAR MEETING JUNE 3, 1991 CALL TO ORDER The meeting was called to order at 8 00 P M by Joe Jackson, Mayor ROLL CALL By Deputy City Clerk Council members present were Joyce DeFelice, Michael Garrison, Joe Jackson, Chris Jensen, and Charles Kilbury Councilmember E.A. Snider was absent from the meeting (excused) Also present were Gary Crutchfield, City Manager, Greg Rubstello, City Attorney, David McDonald, Director of Community Development, Dennis Wright, City Engineer, Larry Dickinson, Fire Chief, and Kurt Luhrs, Administrative Assistant PLEDGE OF ALLEGIANCE The meeting was opened with the Pledge of Allegiance CONSENT AGENDA Mr Garnson moved to approve the Consent Agenda Seconded by Mr Kilbury Item 3(e) (Columbia River System) was removed from the consent agenda and changed to Item 10(c) Motion carried Consent items are as follows (a) Approval of Minutes. To approve minutes of Regular Meeting, held May 20, 1991 (b) Bills and Communications. To approve General Claims in the amount of $587,075 94 ($18,954 82 being in the form of Wire Transfer Nos 2664 and 2665; and $568,121 12 consisting of Claim Warrants numbered 70145 through 70434) To approve Payroll Claims in the amount of $582,578 46, Payroll Vouncher Nos 20285 through 20460, and 20642 through 20823 (c) Agreement for Records and Lab Services To approve the Agreement with Franklin County for the provision of police records and lab services for the year 1991 for a total fee of $63,632 and, further, authorize the Mayor to sign the Agreement (d) Agreement for Dispatch Services To approve the Agreement with Franklin County for the provision of Emergency Dispatch Services for the year 1991 in the amount of $172,840 and, further, authorize the Mayor to sign the Agreement (e) Block Grant Program Amendment To set 8 00 p m, June 17, 1991, as the time and date to hold a Public Hearmg to consider amending the 1991 Community Development Block Grant Program Special Permit - Unity Counseling (MF #91-11-SP). To approve the special permit for Unity Counseling to operate a drug and alcohol office at 303 North 20th Avenue, as recommended by the Planning Commission (g) Resolution No 1963 To approve resolution No 1963, accepting the work performed by Transtate Paving, Inc under Contract NO 90-3-01 for the 1990 Overlays (f) MINUTES REGULAR MEETING PASCO CITY COUNCIL JUNE 3, 1991 (h) Amending of Corpsof To authorize the Mayor to enter into an Agreement with the Corps of Engineers amending Easement No DACW68-2-84-03 providing for the installation and maintenance of water lines over the dike PROCLAMATION AND ACKNOWLEDGMENTS "Yard of the Month" Awards The following Pasco residents were presented Certificates of Appreciation from City Council James & Jessie Ward, 808 North Hugo Avenue Sylvia Dukelow, 304 South 25th Avenue. Goldie Worrell, 2105 North 14th Avenue Jack & Carol Cloud, 3803 Meadow View Court Gordon & Vie Halliday, 1304 West Yakima Street (Unable to attend) Irene Ono, 1816 West Brown Street (Unable to attend). Certificate of Appreciation to Robert G Arnold On behalf of the City Council and City Manager, Mayor Joe Jackson presented a Certificate of Appreciation to Robert G Arnold, Firefighter/Paramedic, Pasco Fire Department, for his active service as a U S. Navy Reservist during the Persian Gulf Cnsis known as "Desert Storm" Certification of Appreciation to Frederic J Anderson On behalf of the City Council and City Manager, Mayor Joe Jackson presented a Certificate of Appreciation to Frederic J Anderson, Captain, Pasco Police Department, for his active service as a U S Air Force Reservist dunng the Persian Gulf Crisis known as "Desert Storm" VISITORS None REPORTS FROM COMMITTEES AND/OR OFFICERS Task Force Meeting For A Safe Community Mr Jensen reported that the meeting was routine in nature The election of new officers was conducted for 1992 and he was elected as Chair, while Fred Anderson was elected as Vice-Chair Benton-Franklin Health Board Meeting. Mr Garnson reported that the Board approved Resolution 91-05, Funding Formula, for member entities Tr-Cities Visitor & Convention Board Meeting Mrs DeFelice had no report to make as she was unable to attend the meeting PUBLIC HEARINGS MAYOR JACKSON DECLARED THE PUBLIC HEARING OPEN TO CONSIDER AMENDING TO "C-1" RETAIL BUSINESS DISTRICT (TITLE 2242) ZONING REGULATIONS BY ADDING PROVISIONS FOR CERTAIN RESIDENTIAL USES. Dave McDonald noted that the Hearing had been duly publicized as required by law There was one letter in opposition received from Charles W Coleman. Mr McDonald informed the council that Mr Richard Patrick, of 609 West Clark has approached the staff with a request for a code amendment that would permit structures originally constructed for residential purposes to be used for those purposes in a C-1 zone -2 MINUTES REGULAR MEETING PASCO CITY COUNCIL JUNE 3, 1991 Presently dwelling units are permitted in C-1 zones either as a non- conforming use or through a conditional use permit, provided the units are above the ground floor In Mr Patrick's case, his building was originally constructed as a house and has been sued as either a house or an office over the years In recent years the building has been used as an office and consequently has lost it's non-conforming privileges to be used for residential purposes The building does not have a second floor and therefore, does not qualify for a special permit The same situation exists with other buildings on Clark Street that were originally built as homes and converted to offices Some now sit vacant because they no longer have utility for offices and are not permitted to be utilized for residential purposes The proposed code amendment would /somewhat modify the non- conforming provisions by the establishment of a definite point (a point of no return) at which residential structures in a C-1 zone would lose their non-conforming status The proposal would permit houses such as Mr. Patrick's (that have been used for offices) to be utilized as a house provided any alteration costs necessary to retain the residential use do not exceed 25% of the assessed value of the building at the time of alteration Mayor Jackson asked Mr McDonald if, in this general area, other non- conforming uses existed and, if so, what is the balance within the one block? Mr McDonald explained that within a several block area, from 5th Avenue to 10th Avenue, there are a number of various types of residential uses, mostly single family with a couple 4-plexes, all within the C-1 zone Most of the units that have been utilized for residential purposes There have been a few that have been converted to office uses that are for sale now and have been vacant for quite some time There have also been requests from people that have been interested in these structures for housing units rather than offices and have been told no in the past because of the way the code is structured Mrs DeFelice wanted to know what the reasoning was behind the alteration clause not exceeding 25% in proposed code amendment9 Mr McDonald explained that the purpose for non-conforming uses has been to eventually phase those uses out to conforming use The 25% figure was deemed reasonable so that there be minimal alteration expenses and if it was over that 25% the non-conforming use rights are lost and the structure must stay in the conforming use Mr Kilbury asked if the proposed code amendment would affect all C- 1 zone throughout the city and was told by Mr McDonald that yes, it would affect all C-1 zones Mr Garrison expressed concern about the city being left out in the open in respect to other areas of the city, as far as having to allow the same non-conforming use at other locations. The clerk read the letter received from Charles W Coleman, D V M , whose business is located at 621 West Clark Street, in which he writes that he is opposed to Mr Patrick's request as he feels it is regression not progression Mr Dick Patrick, 421 Road 29 (owner of property at 609 West Clark), addressed council and after a brief history outlining how several residential use structures were converted to office uses, he explained that he has been trying to sell his property for about one year and been unsuccessful in attracting anybody that was interested in the property for office space either renting or buying Mr Patrick urged the council to consider the code amendment as it would benefit the -3 - MINUTES REGULAR MEETING PASCO CITY COUNCIL JUNE 3, 1991 citizens of Pasco to have these structures occupied rather than sitting vacant Mr. Garrison recommended that this issue be deferred to the Planning Commission Mrs DeFelice concurred with Mr Gamson Mr Bob Greenwell, 4505 Riverhaven (owner of property at 702 West Clark), addressed council and explained that his property came back to him when the contract was defaulted on, about one year ago Mr Greenwell explained that Mr Harry Moore would talk to the council about the difficulties he is having with trying to sell his property, as well as the problems he is having with transient's breaking into his building and causing damage Mr Harry Moore, 2203 North 7th Avenue, represents Mr Greenwell Mr Moore explained that he has received 18 calls from persons interested in purchasing this property as residential, not commercial He further explained that there was a need for houses for family either renting or buying and urged the council to allow people to buy or rent as residential property. Mr Mike O'Neil, 617 West Clark, addressed council and explained that his home has been a single family residence since it's construction in 1910. He feels it is detrimental to have vacant residences around an area and agrees with Mr Patrick that in the current climate there isn't a strong demand for commercial property in that area and there seems to be an abundance of commercial office space in the neighborhood Mr O'Neil felt it would be to the benefit of Pasco to have these residences occupied and, as a resident of this neighborhood he would prefer to see families living in these homes rather than have the homes vacant Mrs. Karen Johnson, 1240 Lincoln Drive, addressed council and expressed the opinion that she liked the proposed code amendment because of the fact that the option is still open that if there is commercial use needed it still could be used that way Mr Marvin Nelson, 636 North Douglas, addressed council and presented the idea that this issue covered more than the 600 block of Clark Street He pointed out that when there was a core area of business there were always residential fringe areas that are gradually phased out Mr Nelson pointed out that the 600 Block of Clark Street is closest to the business area and feels it would be unfair and detrimental to those who have purchased property for the purpose of commercial use to amend the code. Mr Patrick again addressed council and explained that there had been a petition for those in favor of the proposed code amendment passed around and he would like to present those to council Following three (3) calls from Mayor Jackson for further comments from the floor, either for or against, the public hearing was declared closed Mr Garrison expressed his concern about by-passing the Planning Commission and feels that they are much better equipped to rule on zoning changes and make a recommendation to council Mr Jensen asked Mr McDonald to comment as to the impact this proposed code amendment would have on other areas Mr McDonald pointed out several areas with residential areas in commercial zones Mr Garnson again expressed his concern about passing this proposed code amendment without a recommendation from the Planning -4- MINUTES REGULAR MEETING PASCO CITY COUNCIL JUNE 3, 1991 Commission as it would not be a temporary one time fix. It would be on the record until the next change to the ordinance, possibly creating situations in other areas of the city, while the Planning Commission is better equipped to look at and determine what's best After Mayor Jackson polled councilmembers as to their wishes concerning sending this issue to the Planning Commission, Mrs DeFelice moved that this issue be deferred to the Planning Commission for further study Mr Garrison seconded the motion Motion carried by the following roll call vote YES Garrison, Lathim, Jackson, Jensen, Kilbury, DeFelice NO None ORDINANCES/RESOLUTIONS NOT RELATED TO PUBLIC HEARINGS Ordinance No 2820 AN ORDINANCE AMENDING CHAPTER 18 04 OF THE PASCO MUNICIPAL CODE, AND CONCERNING THE STORAGE AND POSSESSION OF COMMON FIREWORKS Ordinance No 2820 was read by title only Mrs DeFelice moved to approve Ordinance No 2820, amending Chapter 18 04 of the PMC, and concerning the storage and possession of common fireworks Mr Kilbury seconded the motion. Motion carried UNFINISHED BUSINESS None NEW BUSINESS Award of Contract for Construction of Road 24 Between Lewis Street and Sylvester Street Mr. Garrison moved to award the contract for the construction of Road 24, Project No 91-3-01, to the low bidder, Acme Materials& Construction, in the amount of $114,964 05 and, further, to authorize the Major to sign the contract documents Mr Jensen seconded the motion Motion earned by the following roll call vote YES DeFelice, Garnson, Lathim, Jackson, Jensen, Kilbury NO None 5-Yard Dump Truck Bid Mr Garrison moved to award bid to Spokane Diesel, Inc. d/b/a Inland Truck Center, for the purchase of one 1991 GMC 5-yard Dump Truck at a total cost of $48,549 61, including sales tax and trade-in of a 1974 Chevrolet Dump Truck Mrs DeFelice seconded the motion Motion earned by the following roll call vote YES DeFelice, Garrison, Lathim, Jackson, Jensen, Kilbury NO None Columbia River System. Mr Garrison moved to request TRIDEC, on behalf of the City, to monitor the Columbia River System Operation Review as well as the salmon issues and keep the city advised throughout the process Mr Jensen seconded the motion Mr Kilbury expressed his concern that TRIDEC, being a private organization, the city should not allow a private organization to perform any of it's functions Mrs DeFelice asked if TRIDEC would be representing or making decision on behalf of the city? Mr Crutchfield explained TRIDEC could not make any decisions on the city's behalf The intent is to establish a formal acknowledgment that TRIDEC could keep the city's apprised of the on-going effort in this case and, at certain junctures, suggest that the cities and counties jointly do something Motion earned (Kilbury, no) MISCELLANEOUS - INCLUDING SUGGESTIONS FROM COUNCIL None -5 JUNE 3, 1991 MINUTES REGULAR MEETING PASCO CITY COUNCIL ADJOURNMENT No further business, the meet ATTEST Cathenne D Seaman Deputy City Clerk PASSED and APPROVED this 1.1 day of , 1991 6