HomeMy WebLinkAbout1994.08.01 Council MinutesMINUTES
PASCO CITY COUNCIL
REGULAR MEETING AUGUST 1, 1994
CALL TO ORDER
The meeting was called to order at 7 30 P M by Joyce DeFelice,
Mayor
ROLL CALL
By Deputy City Clerk Councilmembers present Joyce DeFelice,
Michael Garnson, Edgar Hargrow, Charles Kilbury, Dan Lathim, and
Carl Strode Members absent Chris Jensen Also present Gary
Crutchfield, City Manager, Greg Rubstello, City Attorney, David
McDonald, City Planner, Dennis Wnght, City Engineer, R1Ohard Smith,
Community & Economic Dev Director, and Kurt Luhrs, Administrative
AssTStant
PLEDGE OF ALLEGIANCE
CONSENT AGENDA
!Unreadable
The meeting was opened with the PledgeTwgiance ff _ Onginal !
A
O. -4- ---
MOTION Mr Garrison moved to a
Seconded by Mr Lathim Motion carn
items are as follows
the Consent Agenda
Garrison) Consent
-ffw4.42.
A) Approval of Minutes To approVe‘-minute'S-of Regular Meeting held
July 18, 1994
To approve minutes of Regular 1VIeeting.theld July 25, 1994
B) Bills and Communications To approve General Claims in the
amount of $464,034 59 ($18,085 84 being in the form of Wire
Transfer Nos 2900 and 2903, and $438,491 24 consisting of
Claim Warrants numbered 87449 through 87665
Payroll Claims To approve Payroll Claims in the amount of
$524,847 36, Payroll Voucher Nos 37072 through 37315, and
37340 through 37590
Bad Debt Write-offs To approve bad debt wnte-offs for utility
billing, ambulance, cemetery, miscellaneous, and Municipal Court
non-cnmmal and cnmmal accounts receivable in the total amount
of $58,483 49 and, of that amount, authorize $56,937 64 be
turned over for collection
C) Community Image Campaign To approve the Agreement with
Ultimedia Advertising Agency for marketing and communication
consulting services and, further, authonze the Mayor to sign the
Agreement
D) Rezone R-2 to I-1 between 16 West "A' Street and 19 West "A"
Street (Western Materials) (MF #94-84-Z) To fix 7 30 p m,
Monday, August 15, 1994, as the time and date to consider the
Fairbanks Appeal
E) Appointments to Parks and Recreation Advisory Council To
concur in the Mayor's appointment of the following people to the
Parks and Recreation Advisory Council
Wendy Steck to Position No 3, which term will expire on
February 2, 1997 (Replacing Ron Baker)
Clara Upton to Position No 5, which term will expire on February
2, 1997 (Expired term of Clara Upton)
—
MINUTES
REGULAR MEETING PASCO CITY COUNCIL
AUGUST 1, 1994
F) Appointments to the Senior Citizens Advisory Committee To
concur in the Mayor's appointment of the following people to the
Senior Citizens Advisory Committee (subject to the concurrence
of the Franklin County Commission)
Roy Plockelman to Position No 4, which term will expire on June
16, 1997 (expired term of Roy Plockelman)
Katie Barton to Position No 5, which term will expire on June 16,
1997 (expired term of Katie Barton)
Odette Mitchell to Position No 6, which term will expire on June
16, 1997 (expired term of Odette Mitchell)
PROCLAMATION AND ACKNOWLEDGMENTS
"Yard of the Month" Awards - July, 1994 The following Pasco
residents were presented Certificates of Appreciation from Mayor
Joyce DeFelice
Tommie and David Garcia, 636 N Owens Avenue (Unable to attend)
Aeye and James Trower, 413 S 22nd (Unable to attend)
Phyllis and John Frey, 323 N 8th Avenue
Cary and Kurt Weidner, 2836 W Brown
Lucile and Ray Sawyer, 1936 N 19th Drive
Jeanne and Rod Landby, 4010 Horizon Dnve (Unable to attend)
VISITORS
None
REPORTS FROM COMMITTEES AND/OR OFFICERS
Mayor's Activity Report Mayor DeFelice reported On July 28,
attended the Tn-City Visitor & Convention Bureau Board meeting and
later that evening attended a TRIDEC Board meeting
On July 29, attended the KONA Radio "Mayor's Report" taping
Liberty Theater Meetings - July 7, 14 and 21, 1994 Mr Hargrow
reported that the architectural engineering estimate for the
remodeling of the Liberty Theater is $1 5 million This will include
replacing the roof, meeting ADA standards in the basement, and
remodeling (instead of restoring) the theater to its original condition
Clean Air Authority Board Meeting - July 14, 1994 Mr Hargrow
reported that by November 1, 1994, a permitting system needs to be
operational Five samplers will be placed in Franklin County for
monitoring dust
Pasco Downtown Development Association Board Meeting - July 19,
1994 Meeting was canceled
Benton Franklin Regional Council Board Meeting - July 22, 1994 Mr
Kilbury reported that the total cost to-date for the Council was
reported and the financial statement of the Regional Revolving Loan
Fund were presented A loan to King City Truck Wash in the amount
of $150,000 was approved, a proposed agreement between TRIDEC
and the B F Regional Council to operate 3161 funds from the
Department of Energy was approved, and the proposed revised
application for construction of Burden Road was approved
Tn-Cities Visitor & Convention Bureau Board Meeting - July 28, 1994
Mayor DeFelice reported that there was a presentation given by the
Sales Director explaining the process used to book conventions
There will be a membership drive that will focus specifically on
restaurants
-2-
MINUTES
REGULAR MEETING PASCO CITY COUNCIL AUGUST 1, 1994
B F Health Board Meeting - July 28, 1994 Mr Strode reported that
the Billing System contract for the automated billing system was
awarded, the Selection Committee reported on the recruitment of a
new Health Officer, the Budget Committee reported that the 1994
budget was reviewed in preparation for the mid-year report, recently
enacted legislation for health care funding formula for local board's of
health, and the organization of the boards, has been mandated to be
changed effective July 1, 1995, and the City of Richland has asked the
Health Distnct to vacate the building currently being used as soon as
possible
PUBLIC HEARINGS
Street Vacation North/South Alleys in Block 136 and 137, Pasco Land
Company's First Addition (MF #94-44-V Mr David McDonald, City
Planner, addressed Council and noted for the record that notice of the
public hearing was published, posted and mailed as required by law
The Franklin County P U D requested a 10 foot easement be retained
on the north end of the alley of Block 137 and the south end of the
alley of Block 136
Mr McDonald explained that a letter of protest was received from the
attorney representing the owners of Fasteners, Inc , (owners of 8 lots
in block 137) There were no protests concerning the alley in block
136
Mr McDonald stated that Block 137 is land-locked due to previous
vacations There is no way for the public to access this alley and it
serves no public purpose Staff recommends that the vacation
proceed
Mr Strode asked how access to the rear of one of the buildings would
be accomplished for large vehicles and trucks')
Mr McDonald explained that the Fasteners, Inc , building has a small
loading dock located at the northeast corner that delivery trucks use
If the alley is vacated Fasteners, Inc, would acquire at least half of the
alley (approximately 10 feet) as private property There is a
considerable amount of area north of their building With Yakima
Street already vacated there is area to the north There would also be
access from the front of their property on Oregon Avenue
MAYOR DEFELICE DECLARED THE PUBLIC HEARING OPEN TO
CONSIDER THE VACATION OF THE NORTH/SOUTH ALLEYS IN
BLOCKS 136 AND 137, PASCO LAND COMPANY'S FIRST ADDITION
Mr Tim Coleman, Attorney representing Mr Hal Huston and Mr
Shanks, explained to Council that his clients were protesting the
vacation of Block 137 on the grounds that it would not serve the public
and the petition filed for this action did not have over 2/3 of the
majority of property owners He pointed out that if this vacation is
approved his client will have difficulty receiving deliveries from
suppliers because the trucks will have a difficult time getting to the
loading dock One of the alternatives available to his client would be to
move the loading dock, but this would cost approximately $8,000 to
$10,000 Another alternative would be to cross over the property
from the front along Oregon Avenue, but this could stop future
expansion of the building if forced to gain access to the loading dock
in this fashion His clients propose that the City maintain the alley as
it is now
Mr Garrison asked if the semi-trucks making delivenes were backing
in from the north/south or from the east/west 9
-3
MINUTES
REGULAR MEETING PASCO CITY COUNCIL
AUGUST 1, 1994
Mr Hal Huston, of Diamond Lake, Washington, explained that before
Yakima Street was vacated there was an 80 foot easement that the
delivery trucks used to turn around and back into the loading dock
After the vacation of Yakima Street the owner to the north fenced off
his property and left 40 feet that could be used by the delivery trucks
With 10 feet available there would be no way a delivery truck could get
to the loading dock
Mr Strode asked what benefit the City would receive by vacating the
proposed alleys?
Mr McDonald explained that once the alley is vacated the City would
no longer have a liability for anything that could occur with the trucks
driving in the alley
Mr Rubstello explained that the courts have ruled that the vacation of
an alley that is serving no public purpose is in itself a public purpose,
because it removes that right-of-way from City maintenance
responsibilities and liability concerns
Mr Coleman explained that his clients would be willing to hold the
City harmless for anything that may occur in this alley if doing so
would alleviate some of the concerns of the City
Mr Bob Gilbert, of 5520 N Yellowstone, Kennewick, spoke in favor of
the proposed vacation He felt that the main purpose for vacating the
alleys in Blocks 136 & 137 would be to connect the properties
involved
Mr Kilbury stated his objection to vacating streets and alleys
separately and would vote no on this issue
Mr Strode proposed that the alley in Block 136 be vacated and the
alley in Block 137 be left alone
Mr Hargrow felt there was no reason to hurry the proposed vacation
and supported leaving the alleys as they are
Mr McDonald informed Council that a number of years ago a study was
done on Frey's Addition and the Pasco Land Company's Addition It
was determined then that this particular area's rights-of-way should be
vacated
Following three (3) calls from Mayor DeFehce for comments from the
floor, either for or against, the public hearing was declared closed
ORDINANCE NO. 3036
AN ORDINANCE VACATING THE ALLEY RIGHT-OF-WAY IN BLOCKS
136 AND 137, PASCO LAND COMPANY'S FIRST ADDITION
MOTION Mr Gamson moved to adopt Ordinance No 3036, vacating
the north/south alleys in Block 136 and 137 of the Pasco Land
Company's First Addition Mr Lathim seconded the motion
MOTION Mr Kilbury moved to divide the question to indicate the
alley in Block 136 be vacated Mr Strode seconded the motion
Motion failed by the following voice vote Yes - Kilbury, No - Garnson,
Hargrow, Lathim, DeFelice, Strode
MOTION Mr Strode moved to amend the original motion to strike
any references to Block 137 from the proposed ordinance Mr Lathim
seconded the motion
-4-
MINUTES
REGULAR MEETING PASCO CITY COUNCIL
AUGUST 1, 1994
Mr Lathim asked if the 2/3 requirement had been met as referenced
by Mr Coleman
Mr Crutchfield explained that State Law provides, as an alternate to
the petition method, the ability for the City Council to initiate vacation
of a public right-of-way on its volition Council does not need a
petition to initiate, and follow through with, a street or alley vacation
The amendment to the motion carried by the following voice vote Yes
- Kilbury, Lathim, Strode, DeFelice, No - Garnson, Hargrow
The original motion as amended was carried by the following voice
vote Yes - Strode, Lathim, Hargrow, DeFelice, No - Kilbury, Garrison
ORDINANCES/RESOLUTIONS NOT RELATED TO PUBLIC HEARINGS
Ordinance No. 3037
AN ORDINANCE RELATING TO ZONING AND CHANGING THE
CLASSIFICATION OF CERTAIN REAL PROPERTY WITHIN THE CITY
OF PASCO FROM RT (RESIDENTIAL TRANSITION) TO C-1 (RETAIL
BUSINESS)
MOTION Ordinance No 3037 was read by title only Mr Hargrow
moved to adopt Ordinance No 3037, granting a rezone from RT to C-
1, as recommended by the Planning Commission Mr Garrison
seconded the motion Motion carried unanimously
Ordinance No. 3038
AN ORDINANCE PERMITTING THE DISPENSING AND
CONSUMPTION OF BEER/WINE IN PEANUTS PARK AND ALONG
WEST LEWIS STREET BETWEEN THIRD AND FOURTH AVENUES AT
THE PASCO AUTUMN FESTIVAL ON SEPTEMBER 10 AND 11, 1994
MOTION Ordinance No 3038 was read by title only Mr Garrison
moved to adopt Ordinance No 3038, conditionally permitting the
conduct of a beer/wine garden in conjunction with the Pasco Autumn
Festival Mr Strode seconded the motion Motion earned (No -
Hargrow)
UNFINISHED BUSINESS
None
NEW BUSINESS
Settlement of Billboard Litigation Mr Crutchfield briefly outlined the
history of this issue and explained that staff has been able to strike a
compromise with the parties involved Staff recommends that Council
approve the agreement, which essentially calls for the removal of 21
billboards in the community between now and the end of 1995 Half
of the billboards will be removed within the next 30 days with the
balance to be removed by the end of 1995
MOTION Mr Garrison moved to approve the Settlement Agreements
with 3-M National Advertising Company and OBIE Media Corporation
regarding the billboard litigation and, further, authorize the Mayor to
sign the Agreements Mr Lathim seconded the motion Motion
carried unanimously
-5-
MINUTES
REGULAR MEETING PASCO CITY COUNCIL AUGUST 1, 1994
Special Permit Pasco Soccer Complex located southeast of the TRAC
Facility (MF #94-47-SP)
MOTION Mr Garrison moved to approve the special permit for the
Pasco Soccer Complex located southeast of the TRAC facility, as
recommended by the Planning Commission Mr Lathim seconded the
motion Motion carried unanimously
Ratification of Collective Bargaining Agreements with the Pasco Police
Officers Association for both the Uniformed and Non-Uniformed
Bargaining Groups
MOTION Mr Garrison moved to approve the proposed 1993-1994
Collective Bargaining Agreement between the City of Pasco and the
Pasco Police Officers' Association uniformed bargaining group and the
proposed 1994-1995 Collective Bargaining Agreement between the
City of Pasco and the Pasco Police Officers' Association non-uniformed
bargaining group Mr Hargrow seconded the motion Motion carried
unanimously
Agreement for Traffic Signal at 32nd and Court Street
MOTION Mr Hargrow moved to approve the Agreement for a traffic
signal at 32nd and Court Street and, further, authorize the City
Manager to sign the Agreement Mr Garrison seconded the motion
Motion camed unanimously
Amendment to Professional Services Agreement - Baseball Stadium
Design
MOTION Mr Garrison moved to approve the Amendment to the
Agreement between the City of Pasco and Rust E & I for design and
construction administration services for the Pasco Baseball Stadium
Mr Lathim seconded the motion Motion carried unanimously
Purchase of Telephone PBX Switch and Telephone Hand Sets for the
Pasco Civic Center
MOTION Mr Garrison moved to authorize the City Manager to
purchase telephone switching equipment and telephones from AT&T
at a price not to exceed $121,000 Mr Hargrow seconded the motion
Motion camed by unanimous roll call vote
MISCELLANEOUS - INCLUDING SUGGESTIONS FROM COUNCIL
Youth Representation on Parks Advisory Board Mr Crutchfield
explained that staff has initiated research on a Youth Commission as
requested by Council Staff feels that the Park Board, that is
responsible for interaction and advice to the Parks Department on the
provision and conduct of recreation programs, might benefit from a
youth sitting on the Parks Board
Council concurred with the idea of a youth on the Parks Board as well
as a Youth Commission
Pasco Housing Authority
Mr Rubstello informed Council that the City's request for a
preliminary injunction was denied Judge Yule determined that the
provision in the City and County joint ordinance conflicts with the
statutory grant of authority to the Housing Authority and that the
acquisition of property was an important power granted to the
Housing Authonty Mr Rubstello explained that this ruling was on a
-6-
eFehce, Mayor
MINUTES
REGULAR MEETING PASCO CITY COUNCIL AUGUST 1, 1994
preliminary injunction and, technically, it was not a final decision on
the merits of the case, however, the Council can expect the final
decision to be similar to this decision
Ms Bertha Garza, no address given, stated that she was disappointed
when the City asked for the ordinance to be interpreted in the Courts
She also wanted to thank Mr Jensen for remaining impartial and to
thank Mr Hargrow
ADJOURNMENT
No further business, the meeting was adjourned at 8 47 P M
ATTEST
Cathenne D Seaman
Deputy City Clerk
PASSED and APPROVED this 15 day of August , 1994
7