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HomeMy WebLinkAbout1991.11.18 Council MinutesMINUTES PASCO CITY COUNCIL REGULAR MEETING NOVEMBER 18, 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, Charles Kilbury, Dan Lathim, and Carl Strode Also present were Gary Crutchfield, City Manager, Greg Rubstello, City Attorney, Webster Jackson, Personnel! Purchasing, Dan Underwood, Finance Director, Dick Erickson, Parks & Recreation Director, Art Fmke, Senior Center Coordinator, Larry Dickinson, Fire Chief, Dave McDonald, Community Development Director, and Kurt Luhrs, Administrative Assistant PLEDGE OF ALLEGIANCE. The meeting was opened with the Pledge of Allegiance CONSENT AGENDA MOTION Mr Garrison moved to approve the Consent Agenda Seconded by Mrs DeFelice Motion carried Consent items are as follows A) Approval of Minutes. To approve minutes of regular meeting held November 4, 1991. B) Bills and Communications To approve General Claims in the amount of $208,291.51 ($9029 21 being in the form of Wire Transfer Nos 2696 and 2698, and $199,262 30 consisting of Claim Warrants numbered 73921 through 74083) C) Resolution No 1979 To approve Resolution No 1979, authorizing the City Manager to sign and submit a grant application to EDA D) Emergency Medical Mutual Aid Agreement To approve the Emergency Medical Mutual Aid Agreement E) Bi-PIN Interlocal Agreement To approve the Interlocal Agreement for operation of the Bi-County Police Information Network and, further, authorize the Mayor to sign the Agreement F) Municipal Court Indigent Defense Services To approve the Personal Services Agreement with Linda Waite and Phil Rodnguez for the provision of indigent defense service in Pasco Municipal Court during 1992 and, further, authorize the Mayor to sign the Agreement G) Farmers Market Agreement. To approve the amended Farmers Market Agreement between the City and the Downtown Development Association and, further, authorize the Mayor to sign the Agreement H) Resolution No 1980 To approve Resolution No 1980, accepting the work by Loftus, Inc to install irrigation systems at Pasco Public Library and Memorial Park to commence a thirty (30) day lien period MINUTES REGULAR MEETING PASCO CITY COUNCIL NOVEMBER 18, 1991 I) Rezone R-1 to C-3 (MF #91-30-Z) To accept the recommendation of the Planning Commission to deny the rezone of lots 17-22 and Lots 25-32, Block 5, Kurtzman's First Addition J) Special Permit Franklin County PUD Substation Location (MF #91-28-SP) To approve the special permit for an electrical substation on that portion of the southwest quarter of Section 14, Township 9, North Range 29 East, W M, lying between 1-82 right- of-way and the Franklin County Irrigation ditch, as recommended by the Planning Commission. PROCLAMATION AND ACKNOWLEDGMENTS None VISITORS None REPORTS FROM COMMITTEES AND/OR OFFICERS Pasco Downtown Development Association Board Meeting Mr Kilbury informed Council that he did not attend this meeting Parks & Recreation Advisory Council Meeting Mrs DeFelice reported that the Parks Director updated the Parks & Recreation Advisory Council on the Trade, Recreation, and Agriculture Complex The Council has sent a letter to the City Manager indicating that they're supportive of the complex, however, they also feel something needs to be done to fulfill the need for more neighborhood soccer fields Mr Jensen, some representatives from the Community Task Force, and 3 Parks Department employees will be going to Tacoma on December 1-2, 1991 to look at their "Safe Street" program B F District Health Board Meeting Mr Garrison reported that the Board approved having the Health District staff discuss renting or purchasing the portable trailer unit behind the Distnct Office in Pasco He noted the possibility of accepting septage from the West Pasco area if Franklin County would declare that it is within the City's service area or future service area Tn-MATS Policy Advisory Committee Meeting Mr Kilbury reported that the contracts for construction of the Eltopia to Mesa branch of Highway 395 were opened, bids were 1/2 million under the engineers estimate The State will give West Richland an estimate on conduits and lights on the bridge between the two cities The Badger Road/395 Regional Study was adopted and approved as well as the final 1992-1994 Transportation Improvement Plan B F Transit Board Meeting Mr Garrison reported that a Public Hearing was held before the meeting concerning disseminating information on "American's With Disabilities Act". Staff and a committee of citizens put together a plan for providing para-transit service to go along with the "Amencan's With Disabilities Act" Approved a resolution to purchase five 8' sheds for storage for the facility -2 MINUTES REGULAR MEETING PASCO CITY COUNCIL NOVEMBER 18, 1991 The Chnstmas Tree Light Tour is scheduled for December 20th for Kennewick, December 21st for Richland, and December 22nd for Pasco This is being done in conjunction with the Chamber of Commerce, who did a great job of it last year Senior Citizens Advisory Committee Meeting Mrs DeFelice reported that the meeting was routine with the Nutritionist and the Director of the center giving statistical reports At the last meeting, as well as this one, there were comments regarding the desires of the Seniors to see the extenor grounds of the Senior Center better maintained. PUBLIC HEARINGS MAYOR JACKSON DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE KIDWELL APPEAL OF PLANNING COMMISSION RECOMMENDATIONS (MF #91-26-Z) Mr Dave McDonald, Director of Community Development, addressed Council and noted for the record that notice of the public hearing was published as required by law Mr McDonald stated that at the last Planning Commission meeting the Commission entertained a petition from Mr Tom Kidwell, as Burke Realty and Farm 1986, Inc , for the rezoning of two tracts of land at the corner of Broadmoor Road and Road 68 in the Northwest Annexation Area and explained that Mr. Kidwell was requesting that approximately 21 acres due west of the water tower be rezoned as a R- 5 classification and that the area just South of the water tower along the Westerly edge of Road 68 approximately 34 acres be rezoned as a C-3 classification The Planning Commission held a lengthy discussion on the matter and developed a number of findings and as a result of these findings recommended denial of the R-5 zoning and down graded the C-3 zoning to C-1-D. In staffs discussion with the Commission it was pointed out that the first development that would occurr in this general area would set the tone for future development in this area of the community Mayor Jackson asked Mr McDonald how he arrived at the six month time frame to perform this portion of work and was told that an applicant who is denied a request for rezone must wait one full year before re-applying It was felt that the six month time frame would allow enough time to development a recommendation Mr Robert Hull, 7121 Valley View Place, addressed Council and asked if the area in question was South of 1-82 as he was concerned that the surrounding area would be devaluated. He was told that it was the area North of 1-82 Mr Tom Kidwell addressed Council and explained that Mr Bob Edwards would be handing out some documents outlining their ideas for the development of this area Mr Kidwell explained that the lower portion of property owned by him zoned as C-1 -D and consequently they are trying to use the property to the North, while the property to the West is where they propose to develop R-5 He explained that they are far enough from the interchange that if a shopping center did develop in that area they would not interfere with it and feel that a concomitant agreement would be something they would like to see done However, in regards - 3 - MINUTES REGULAR MEETING PASCO CITY COUNCIL NOVEMBER 18, 1991 to the apartment complex building it is proposed as two 5 to 6 story buildings with a golf course attached to it Mr Bob Edwards, 2210 Road 60, addressed Council and explained that after looking at several areas already zoned C-3 were not areas that he wanted to be located at He explained that the type of business he is contemplating is service oriented with the majority of work being performed on the customers premises. Mr Edwards expressed his concern on being made to wait another six months for a decision on this issue as he is ready to make the move now He feels that if he is asked to wait he will have to choose a different location in another city. Mayor Jackson address Mr Edwards and Mr. Kidwell on behalf of the Council to let them know that the Council is pro-economic development and they recognize that it's going to be very important as the City moves forward. Mr Lathim asked Mr Edwards how large of a commercial area he was talking about,how many people would be employed, and how many square feet would be needed? Mr Edwards explained that the area is straight East of the water tower bordering on Broadmoor Road and Road 68 amounting to approximately 5 acres, would employ approximately 12 employees and could employ as many as 35, and needs approximately 11,000 square feet Mrs DeFelice asked if Mr. Edwards was talking about high-tech welding and would this activity be done indoors or outdoors? Mr Edwards explained that the business consists of mechanical contracting business specializing in computerized welding equipment, etc, and that any work done on site would have to be done inside due to the necessity of having a controlled environment to work in Mr McDonald pointed out that the information presented to Council by Mr Kidwell and Mr Edwards was not presented to the Planning Commission as part of the petition for rezoning and perhaps this would be another good reason why it needs some more thought and discussion before a hasty decision is made Mrs DeFelice expressed her opinion that it would be more appropriate to give this issue more thought and study, but she was discouraged because this has been in the City for a number of years, it does have great potential, the City has been hoping that something would be made of this area and now that the time has come to make a decision the City's not ready to move on it The City shouldn't wait for development to come to it, the City should be ready to facilitate it when it is ready to happen Mr Strode addressed Council and concurred with Mrs DeFelice that it would be proper to deliberate properly and thoroughly, but not deliberate too much as this is the type of development that he believes is key for this area Mr Strode felt that the Comprehensive Plan was studied extensively by the Planning Commission and revised for this specific purpose of encouraging development around the area in question and was shocked that people can come before the Council expecting to have action taken and be told to wait The City cannot wait for development to come to it, especially when it comes and is then told to wait Mr Strode feels that this is a land use issue as opposed to a purpose specific decision being asked of Council and doesn't feel that the land use provisions being discussed would be detrimental to the future of the interchange involved 4 '44 MINUTES REGULAR MEETING PASCO CITY COUNCIL NOVEMBER 18, 1991 Mr Garnson addressed Council stating that he felt torn on this issue simply because he would like to see development in this area, and isn't sure that a "light industrial" is the best use for the area He would not like to make a decision on this issue based on the need for expediency over what's best for development in the area. Mr Lathim stated that he believes that "light industrial" is a good buffer zone for noise, maintaining a proper distance from main corridors like Road 68 and 1-182, is a beginning for the future development of that area and, therefore, is in favor of a rezone Mr Kilbury felt that this issue needed more study and that Mr Kidwell and Mr Edwards should get with Community Development and iron out some of the details in question MOTION Mr Kilbury moved that the hearing be continued to the next regular Council meeting and have staff and the developer get together and come to a better agreement on the concommitant agreement, and bring it back to Council at that time Mr Jensen seconded the motion Mrs DeFelice asked if the Planning Commission could review the information presented by the developer and get their comments and was told by Mr McDonald that Council could remand this issue back to the Commission for further review and study Mr Kilbury stated that it /wasn't his intention to let the Commission have it back It would bei acceptable with him to let the Commission look at the issue, however, he feels that since Council has decided to address this issue Council should make a decision Mr Strode concurred with Mr Kilbury since the information that has been presented is of a specific development, and does not affect the land use issues, it should not be remanded to the Commission because he feels they would not alter their decision Mayor Jackson asked the Clerk to call the roll. Motion failed by the following roll call vote Yes Jackson, Kilbury, Strode No DeFelice, Garnson, Lathim, Jensen MOTION Mrs DeFelice moved to remand the matter to the Planning Commission for further study and recommendation following the completion of a detailed planning study of the 1-182 corridor to be jointly funded by the City and affected property owners with said recommendation to return to Council within six months Mr Jensen seconded the motion Mr Strode agreed with the general consensus of Council that there is a need for additional discussion, however, he feels that it is a poor choice to wait for 1/2 a year to make a decision on this issue It has been looked at in detail by not only staff and the Planning Commission, but the comprehensive plan has been revised for that specific piece of land with the intent of encouraging this type of commercial development and strongly urges that the work done, either by the Planning Commission or independently between staff and the applicant, be performed as soon as possible MOTION. Mr Strode moved to amend the original motion to remove reference to the Planning Commission and also to say that the recommendation of staff be returned to Council within 30 days. Mr Kilbury seconded the motion Mr Jensen stated that the motion proposed by Mrs DeFelice stated this issue be presented to Council within six months and that to put a -5- MINUTES REGULAR MEETING PASCO CITY COUNCIL NOVEMBER 18, 1991 time table on this issue is asking for trouble. Further, he urged staff and the Planning Commission to act within a reasonable amount of time Mayor Jackson asked the Clerk to call the roll Amended motion failed by the following roll call vote Yes Lathim, Kilbury, Strode No Jackson, DeFelice, Garrison, Jensen Mayor Jackson asked the Clerk to call the roll Original motion passed by the following roll call vote Yes Jackson, DeFelice, Jensen, Garrison No Lathim,lbury, Strode. Mr Kidwell stated that he had come before Council with two requests for zone changes, however, only one request was addressed and he wanted to know what happens to the second request? He wanted to know it both requests were included in the motions to be brought up at a later date? Mr Crutchfield explained that staffs interpretation was that both applications were handled in the same fashion to be referred to the study and get it back through the Planning Commission and Council as soon as possible. MAYOR JACKSON DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE ADOPTION OF THE 1992 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Mr Kilbury informed Council that he was declaring himself ineligible because he is a unpaid officer of the Tn-City Low Cost Housing, Inc Mr McDonald, addressed Council and noted for the record that notice of the public hearing was published as required by law Mr McDonald explained that staff has prepared an agenda report with various items related to the Block Grant Program that are a necessary part of the 1992 program. Attachment "C" provides a listing of the various proposals that were reviewed by the Planning Commission and includes recommendations from the Commission and staff Mrs DeFelice asked if the Tn-Cities Low Cost Housing, Inc , received any funding from the Housing Authority and was told that they did not Mayor Jackson explained that he has first hand information in terms of how miserable the conditions are in the 104 unit apartment complex during the summer and since the proposal from Tn-Cities Low Cost Housing, Inc , does meet the requirements for Block Grant Program he asked that the City fund them $20,000 and remove $20,000 from item #6 - Program Administration Mr Crutchfield suggested that staff research the amount of unencumbered funds by year end and return to Council with this information in two weeks Ms Shirley Sheppard, 914 West Bonneville St, explained that she is the general manager of Tn-Cities Low Cost Housing, Inc , and informed Council that they did not receive any assistance from public housing as it isn't part of public housing and is privately owned and non-profit Any assistance received is in the form of rent assistance from HUD, however, since HUD has recently reorganized their programs this may be stopped She would like to see the City give assistance every year 6 MINUTES REGULAR MEETING PASCO CITY COUNCIL NOVEMBER 18, 1991 Mr Garrison asked if the hearing were to be continued until the next regular meeting would this allow staff time to do further study of this issue 9 Mr McDonald explained that the application for the grant did not have to be in until the end of December, therefore, continuing the hearing would not pose any problems Ms Katie Barton, 525 South Elm Avenue, asked Council if there were any funds available through Block Grant Programs that could be used for home improvement? Mr McDonald directed Ms Barton to coordinate with Jeff Bailie, the Block Grant/Economic Development Coordinator, to get her name on a waiting list MOTION Mr Garrison moved to continue the heanng until the next regular meeting to give staff the opportunity to research the 1991 expenditures to see if there will be any excesses. Mr Jensen seconded the motion Motion carried ORDINANCES/RESOLUTIONS NOT RELATED TO PUBLIC HEARINGS 17 Ordinance No. 284 ‘_ 6k AN ORDINANCE RELATING TO THE CITY VIEW CEMETERY AND AMENDING CHAPTER 248 OF THE PASCO MUNICIPAL CODE MOTION: Ordinance No 2840 was read by title only Mr Garnson moved to adopt Ordinance No 2840, authorizing an increase in the fees charged at Pasco City View Cemetery Mr Jensen seconded the motion Motion earned Ordinance No. 284k AN ORDINANCE REDEFINING THE CRIME OF "LOITERING", AND AMENDING SECTION 9.36 010 OF THE PASCO MUNICIPAL CODE MOTION Ordinance No. 2841 was read by title only Mr Jensen moved to adopt Ordinance No 2841, an ordinance redefining the crime of "loitering", and amending Section 9 36 010 of the Pasco Municipal Code Mr Lathim seconded the motion Motion earned Ordinance No. 284 AN ORDINANCE PROVIDING FOR AN AD VALOREM TAX LEVY IN THE CITY OF PASCO IN ACCORDANCE WITH STATE LAW MOTION Ordinance No. 2842 was read by title only Mr Garnson moved to adopt Ordinance No 2842, providing for the 1992 Ad Valorem Tax Levy plus new construction and a levy for the LID Guaranty Fund Mrs DeFehce seconded the motion Motion earned a8.6-0 Ordinance No.-2848- AN ORDINANCE RELATING TO BUSINESS LICENSES AMENDING PMC TITLE 5 BY REPEALING CHAPTER 5 16 THEREOF AND ENACTING NEW CHAPTER 5 16A CONTAINING REGULATIONS FOR CARNIVALS AND CIRCUSES MOTION Ordinance No. 2843 was read by title only Mr Garnson moved to adopt Ordinance No 2843, establishing licensing regulations -7 - MINUTES REGULAR MEETING PASCO CITY COUNCIL NOVEMBER 18, 1991 MOTION Ordinance No 2843 was read by title only Mr Garnson moved to adopt Ordinance No 2843, establishing licensing regulations for circuses and carnivals within the City of Pasco and, further, to approve the Ordinance summary for publication Mr Jensen seconded the motion Mr Strode expressed his concern that the language used to descnbe a carnival or circus seemed to be very broad and the distance requirement from residential areas was too far Mr Jensen expressed his opinion that this ordinance was reasonable as proposed Mr Crutchfield informed Council that there was no hurry in enacting this ordinance and it might be advisable to have staff do additional research on this issue to be sure everything is clearly defined rather than have problems develop after the fact Y-S-0 MOTION Mr Jensen moved to tabled ordinance No. 9843 until the next regular meeting Mr Kilbury seconded the motion Motion carried UNFINISHED BUSINESS None NEW BUSINESS Sale of Surplus Vehicle. MOTION Mr Jensen moved to reduce the minimum acceptable price for one (1) 1975 IHC Elgin Whirlwind Street Sweeper from $3,000 to $1,000 and authorize staff to determine the appropriate method of sale Mr Garnson seconded the motion Motion carried MISCELLANEOUS - INCLUDING SUGGESTIONS FROM COUNCIL Mr Crutchfield reminded Council of the budget workshop scheduled for 4 00 p m on Wednesday, November 20, 1991 and requested an executive session on the subject of property ADJOURNMENT No further business, the meeting was aAildj d at 10 10 PM • e Jac • ayor ATTEST. Cathenne D. Seaman Deputy City Clerk PASSED and APPROVED this .D day of 1ecifL110g..r, 1991 -8