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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