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HomeMy WebLinkAbout1992.03.16 Council MinutesMINUTES PASCO CITY COUNCIL REGULAR MEETING MARCH 16, 1992 CALL TO ORDER The meeting was called to order at 8 00 P M by Joyce DeFelice, Mayor. ROLL CALL By Deputy City Clerk Council members present were. Joyce DeFelice, Michael Garnson, Edgar Hargrow, Chris Jensen, Charles Kilbury, Dan Lathim, and Carl Strode Also present were Gary Crutchfield, City Manager; Greg Rubstello, City Attorney, Webster Jackson, Personnel/Purchasing, 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 as amended to include items 10(a) - Senior Citizens Remodel/Addition, 10(b) - Bargaining Agreement with Police Clerks, 10(c) - 1-182 Corridor Planning Study, and 10(e) - McLoughlin School Renovation as items 3(h-k) Seconded by Mr Kilbury Motion carried Consent items are as follows A) Approval of Minutes To approve minutes of regular meeting held March 2, 1992 B) Bills and Communications To approve General Claims in the amount of $213,555 30 consisting of Claim Warrants numbered 75478 through 75708 C) Appointments to Planning Commission MOTION. Mr Jensen moved to appoint the following to serve on the Planning Commission Mr Garrison seconded the motion Motion carried 1 Mr James Hay to a term which will expire on February 2, 1998 2 Mr. Ron Mabry to a term which will expire on February 2, 1998 (replacing Nancy Moore) 3. Mr. Raymond Dunn to a term which will expire on February 2, 1996 (replacing Una P Scott) D) Appointment to Benton-Franklin-Walla Walla Counties Air Pollution Control Board To concur in the Mayor's appointment of Councilmember Edgar Hargrow to represent Franklin County cities on the Benton-Franklin-Walla Walla Air Pollution Control Board. E) Relocation of Water Line at Pasco Golf Course To authonze staff to relocate the golf course irrigation line from Lots 17 and 18, The Village at Sun Willows, and include the project cost in the 1992 supplemental budget F) Resolution No 1996 To approve Resolution No 1996, protesting the proposed closure of the Interpretive Center at Sacajawea State Park MINUTES REGULAR MEETING PASCO CITY COUNCIL MARCH 16, 1992 G) Resolution No 1997. To approve Resolution 1997, which authorizes the City Manager to approve an additional personal holiday for employees who meet certain wellness and activity cntena established by the City Manager H) Contract for Architectural and Engineering Services for the Franklin County/City of Pasco Senior Citizens Center Remodel/Additions To approve the contract with Hickerson & Pence, Inc for architectural services for the remodel and addition to the Senior Citizens Center and, further, authorize the Mayor to sign the contract I) Ratification of 1992-1993 Collective Bargaining Agreement between City of Pasco and the Non-Uniformed Police Bargaining Unit (Police Clerks). To approve the 1992-1993 Collective Bargaining Agreement between the City of Pasco and the Pasco Police Officers Association "non-uniformed" employee bargaining unit as tentatively agreed to by the City and ratified by the Employees bargaining unit J) 1-182 Corridor Planning Study: To approve the professional services agreement with McConnell/Burke for the 1-182 Corndor Planning Study and, further, authorize the Mayor to sign the agreement K) McLoughlin School/Pasco Civic Center Renovation: To approve the Contract and Addendum #1 to the Contract with CKJT Architects for architectural services for the old McLoughlin School renovation and, further, authonze the Mayor to sign the Contract PROCLAMATION AND ACKNOWLEDGMENTS. None VISITORS. None REPORTS FROM commn ihEs AND/OR OFFICERS Mayor's Activity Report: Mayor DeFelice reported that she and Mr Jensen participated in a video interview at United Artists Studios on the McLoughlin Remodel on March 3 On March 5, attended a four hour TRIDEC retreat to examine TRIDEC's Mission & Vision statement On March 10, attended an Elk's Banquet as the featured speaker where local student achiever's were honored as "Student of the Month" On March 12, toured the Cenex building, which was recently purchased by Mr Gregg, where he explained some of his future plans for the building On March 13, attended a sewer extension committee meeting where the city put forward a compromise sewer proposal On March 14, presided at the opening ceremonies of the Insh Games at St. Patncks Also attended the "Tn-Citian of the Year" banquet where the Lampson tno was honored. -2- MINUTES REGULAR MEETING PASCO CITY COUNCIL MARCH 16, 1992 Pasco Downtown Development Board Meeting - March 3. 1992. Mr. Kilbury reported that an over-view of the Village Market Place and the Farmer's Market budgets was given Parks & Recreation Advisory Council Meeting - March 5. 1992 Mayor DeFelice reported that the meeting was routine in nature The Park's Director announced that the Spnng brochure has been distributed. Senior Citizens Advisory Committee Meeting - March 9, 1992. Mayor DeFelice reported that the meeting was routine in nature A nutntion report was given and the Director of the Senior Center also reported on the Information and Assistance Program, Health Screening, Foot Care, and Transportation B F Transit Board Meeting - March 12. 1992 Mr. Garnson reported that a Public Hearing was held to go over the six year Transit Development and Financial Program as required by the State of Washington. Passed a resolution authonsmg the purchase of wheel covers for the buses to help with preventive maintenance A request for a proposal was advertised for the ground remediation of the small fuel spill of less than 100 gallons, which will cost approximately $50,000 PUBLIC HEARINGS MAYOR DEFELICE RECONVENED THE PUBLIC HEARING TO DETERMINE THE METHOD OF RECOVERING CITY COSTS FOR ABATEMENT ACTIVITIES AT 606 EAST "A" STREET 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 The City, through the PMC for the abatement of buildings, removed the structure at 606 East "A" Street because of problems with the building The City incurred a cost of $4,625 34 Looking at the assessed value of the lot, the outstanding taxes that are owed against it and the amount of abatement cost, it would not be appropnate to place a lien against the property Therefore, it is staffs recommendation that the City Attorney be directed to recover cost through the appropnate legal remedies Mr George Rattrey, of 1020 Sundance, Othello, Wa, addressed Council and stated that he sold the property in 1978 or 1979 In 1982 or 1983 he sold the real estate contract to Mr Don Boderman of Metropolitan Mortgage Mr Rattrey stated that he hasn't heard anything concerning this property until he received notice from the city concerning the abatement of this property Following three (3) calls from Mayor DeFelice for further comments from the floor, either for or against, the public hearing was declared closed MOTION Mr Jensen moved to make abatement expenses for the structure at 606 East "A" Street, in the amount of $4,625 34, a personal obligation of the owner and direct the City Attorney to recover expenses through appropriate legal remedies. Mr Strode seconded the motion. Motion carried -3 MINUTES REGULAR MEETING PASCO CITY COUNCIL MARCH 16, 1992 MAYOR DEFELICE RECONVENED THE PUBLIC HEARING TO DETERMINE THE METHOD OF RECOVERING CITY COSTS FOR ABATEMENT ACTIVITIES AT 807 SOUTH THIRD AVENUE Mr Dave McDonald, addressed Council and noted for the record that notice of the public hearing was published as required by law and stated that staff did confer with the State appointed attorney assigned to handle the estate and have learned that there are $3,840 00 in delinquent taxes owing and a lien against the property Due to the owner being deceased his estate has debits rather than any assets, the only hope of recovering any of the abatement costs is to place a lien against the property Following three (3) calls from Mayor DeFelice for further comments from the floor, either for or against, the public hearing was declared closed MOTION. Mr. Garrison moved to assess abatement expenses for the structure at 807 South Third Avenue, in the amount of $9,983 33, against said property as a special assessment and lien upon the property Mr Hargrow seconded the motion Motion carried MAYOR DEFELICE DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE PETITION REQUESTING THE REZONING FROM R-1 (LOW DENSITY RESIDENTIAL) TO C-1 ( RETAIL BUSINESS) OF THE PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF ROAD 40 AND COURT STREET Mr Dave McDonald, addressed Council and noted for the record that notice of the public hearing was published as required by law and stated staff has outlined two options for Council to consider. 1) Adopt the recommendation of the Planning Commission of rezoning from R- 1 to C-1, with a concomitant agreement; OR 2) Rezone from R-1 to "0 " Mr. Bob Tippett, of Tippett Land and Mortgage Company, addressed Council representing the Pasco School District #1 to assist them in planning the development and potential sale of this property The reasoning behind the decision to rezone to C-1 is due to the parcel being 5 acres it was felt that it would be difficult to absorb this property into an office designation Furthermore, it was felt that there was a demand for more than just office space and that retail would be important, but it was recognized that there needed to be very specific restrictions These restnctions are in the proposal One of the concerns raised was the potential for causing strip development along Court Street, however, along the south of the property there is already commercial and retail development across the street, to the west there is office space that has been approved, and to the east there is residential development on part of Court Street Mr Tippett feels that strip development is not the real issue and that the property in question should be development in a concentrated fashion as shown by the Planning Commission's agreement with their rezone request proposal There will only be one exit off of the property onto Court Street with the other exit onto Road 40. Mr. Tom Brandon, of 931 West Nixon Street, addressed Council and stated that at the last Council meeting safety issues were mentioned There aren't as many students walking to the school as there have been in the past Part of the attendance area on the south of Court -4- MINUTES REGULAR MEETING PASCO CITY COUNCIL MARCH 16, 1992 Street and east of Road 36 now attend another school. Many of the children are bussed from south of Court Street between Road 36 and Road 44 and north of Sylvester Street simply because there aren't ample sidewalks or shoulder margins for students to use. The stop light on the corner of Road 40 and Court Street helps restnct traffic flow and does provide a safer access across Court Street for students. There is also a cross-walk guard. The School District, as sellers of the property, will impose some restrictions on the developer who buys the property There will have to be sufficient access with sidewalks for students and controlling factors for traffic going and coming from the parking lot Mr Kilbury asked Mr Brandon to explain what items will be included in the concommitant agreement Mr Brandon explained that the types of uses that will be restricted are garage/filling stations, hotel/motels, sign shops, veterinary clinics, auto detail shops, outdoor advertising billboards, automobile sales, and container storages Following three (3) calls from Mayor DeFelice for further comments from the floor, either for or against, the public hearing was declared closed MOTION Mr Garrison moved to adopt Ordinance No 2865, granting a rezone from R-1 to C-1 with a concomitant agreement Mr Jensen seconded the motion. Mr. Strode addressed Council stating that he felt it was inappropriate to base a decision regarding land use and zoning issues on proposed specific uses as has been presented to Council Council must remain aware that land use zoning is a permanent change in the character of the property and it need not be steered toward a specific proposal He further explained that he felt that the School District and Mr Tippett were looking to make a quick sale and trying to make a fast profit at the expense of rational long term development The Comprehensive Plan guards against and does not support this type of development at that location The residential and C-1 zones would be well served by continuing the transition of the "0" zone between the residential and C-1 The permitted uses in the "0" zone would not unduly restrict the potential, and profitable use, of this property Mr Strode feels that the change of this property to a C-1 is not prudent and should not be undertaken at this time MOTION Mr Strode moved to amend the motion to strike out the word "C-1" and insert "0" Mr Hargrow addressed Council and stated that he understands that there are strong feelings about strip development, however, it is hard to turn down new development and doesn't feel it is the time to make restrictions and is in favor of the original motion Mr Strode's motion failed due to the lack of a second The original motion carried (Mr. Strode voted no) MAYOR DEFELICE DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE APPEAL FILED BY KEITH AND ELAINE MAKI OF THE PLANNING COMMISSION'S RECOMMENDATION THAT THE PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF 5 MINUTES REGULAR MEETING PASCO CITY COUNCIL MARCH 16, 1992 ROAD 44 AND SIROCCO DRIVE BE REZONED FROM C-1 (RETAIL BUSINESS) TO R-1 (LOW DENSITY RESIDENTIAL) Mr Dave McDonald, addressed Council and noted for the record that notice of the public heanng was published as required by law The Planning Commission held a hearing on this issue and recommended that the property should be rezoned from C-1 to R-1. A property owner submitted an appeal because it would allow 7200 square foot lots verses 10,000 square foot lots that are typically found in the neighborhood and concern was expressed over what this would do to adjoining property values in the neighborhood Mr McDonald explained that staff has provided for Council consideration of two options 1) To accept the Planning Commission's recommendation to rezone to R-1, OR 2) To adopt new findings and conclusions and rezone the property to R-1-S, similar to what is in the adjoining area The failure of either one of these motions would leave the property the way it is presently zoned Mr. Bill Bancroft, of 4204 Mojave Drive, addressed Council and expressed his concern if the density of homes in this area was allowed to increase the amount of traffic up and down Road 44 is going to become quite heavy Right now the area has no cross-walks, no stop signs and, so, it's a very pleasant residential area where people are careful Due to the number of children that attend McGee Elementary School, the citizens are concerned for their safety Mr Frank Thompson, of 4210 Anza-Borrego Court, addressed Council to emphasize that the street access going up Road 44 to this area is a two lane street with no curbs or gutters This road is used by bicycles, and by people walking and jogging If additional homes are put in this area, and figuring a minimum of two vehicles per home, there would be a lot of additional traffic up and down the road. Mr Wally Hickerson, of Hickerson/Pence located at 1313 West Clark Street, asked Council to accept and approve the recommendations of the Planning Commission Mr Hickerson explained that the developer is willing to accept, as a condition of approval, that he would agree to abide by the existing covenants on Desert Wind and Sunland Heights They will build homes that exceed those standards Mr Hickerson presented Council with a site plan that showed 7707 square foot lots as the average lot size They would submit this plan for the subdivision to Council as a binding site plan This site plan is for the parcel that is currently zoned C-1 Mayor DeFelice asked Mr. Hickerson how many fewer homes would be built on this parcel if the area is zoned R-1-S and was told that seven fewer homes would be built Mrs Nancy Moore, of 4010 Rivulet Court, addressed Council to express her concern over the proposed rezone and recommended that Council zone this area at R-1-S to keep it, in terms of lot size, compatible with the current neighborhood Ms. Teresa Maki, of 4211 Desert Place, addressed Council and stated that the Planning Commission reached the decision they did because of a lack of support from those opposed to the rezone and asked if there could be a show of hands of those opposed to the rezone? 6 MINUTES REGULAR MEETING PASCO CITY COUNCIL MARCH 16, 1992 Mayor DeFehce felt this was a fair request and asked those in the audience who wanted a rezone to R-1-S or left as C-1 to raise their hands (A large majonty of the audience raised their hands). Mr Scott Kimball, of 4311 Desert Place, addressed Council stating he wanted Desert Plateau to stay the way it is Following three (3) calls from Mayor DeFelice for further comments from the floor, either for or against, the public hearing was declared closed Ordinance No. 2866 AN ORDINANCE RELATING TO ZONING AND CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY WITHIN THE CITY OF PASCO FROM C-1 (RETAIL BUSINESS) TO R-1-S (SUBURBAN RESIDENTIAL). MOTION Ordinance No 2866 was read by title only Mr Jensen moved to adopt Ordinance 2866, granting a rezone from C-1 (Retail Business) to R-1-S (Suburban Residential) Mr Hargrow seconded the motion Motion earned by the following roll call vote. Yes - Lathim, Hargrow, Jensen, Kilbury, DeFelice, No - Gamson, Strode ORDINANCES/RESOLUTIONS NOT RELATED TO PUBLIC HEARINGS Resolution No. 1998 A RESOLUTION ACCEPTING A TEN PERCENT ANNEXATION PETITION AND PROVIDING A DETERMINATION ON THE TERRITORY TO BE ANNEXED AND WHETHER SIMULTANEOUS ZONING AND THE ASSUMPTION OF BONDED INDEBTEDNESS WILL BE REQUIRED MOTION. Resolution No. 1998 was read by title only Mr Garrison moved to approve Resolution No 1998, accepting the Processing Center's annexation petition and providing a determination on zoning and indebtedness Mr Strode seconded the motion Motion earned. Resolution No. 1999 A RESOLUTION ACCEPTING A TEN PERCENT ANNEXATION PETITION AND PROVIDING A DETERMINATION ON THE TERRITORY TO BE ANNEXED AND WHETHER SIMULTANEOUS ZONING AND THE ASSUMPTION OF BONDED INDEBTEDNESS WILL BE REQUIRED. Ms Ola Rambo, of 805 Road 35, addressed Council to express her opposition to the proposed annexation She also presented a petition to Council that had been signed by property owners in the area MOTION • Mr Garrison moved to approve Resolution No 1999, accepting the Farrell/Vogel annexation petition and providing a determination on zoning and indebtedness Mr Jensen seconded the motion Motion earned Resolution No. 2000 A RESOLUTION DECLARING THE CITY COUNCIL'S DESIRE TO ATTEMPT A NEGOTIATED SALE OF CERTAIN REAL PROPERTY MOTION Resolution No 2000 was read by title only Mr. Garrison moved to approve Resolution No 2000, authorizing the City Manager to call for proposals for the purchase and development of the golf -7- MINUTES REGULAR MEETING PASCO CITY COUNCIL MARCH 16, 1992 course commercial property and appraisal of the value thereof Mr Strode seconded the motion Motion earned UNFINISHED BUSINESS None NEW BUSINESS Garbage Rate Increase: MOTION. Mr. Gamson moved to approve the Amendment to the Solid Waste Collection Service Contract with Basin Disposal, Inc and, further, authorize the Mayor to sign the Amendment Mr. Lathim seconded the motion Motion earned MISCELLANEOUS - INCLUDING SUGGESTIONS FROM COUNCIL None ADJOURNMENT No further business, the meeting was adjourned at 9 45 P M _ eFelice, Mayor Catherme D Seaman Deputy City Clerk PASSED and APPROVED this day of Atpr , 1992 -8 ATTEST