HomeMy WebLinkAbout1994.08.15 Council MinutesMINUTES
PASCO CITY COUNCIL
REGULAR MEETING AUGUST 15, 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 DeFehce,
Michael Gamson, Edgar Hargrow, Chns Jensen, Charles Kilbury, Dan
Lathim, and Carl Strode Also present Gary Crutchfield, City Manager,
Greg Rubstello, City Attorney, David McDonald, City Planner, Dennis
Wright, City Engineer, Dan Underwood, Finance Director, and Richard
Smith, Community & Economic Dev Director
PLEDGE OF ALLEGIANCE
The meeting was opened with the Pledge of Allegiance
CONSENT AGENDA
MOTION Mr Jensen moved to approve the Consent Agenda
Seconded by Mr Strode Motion earned unanimously Consent items
are as follows
A) Approval of Minutes To approve minutes of the Regular Meeting
of the Pasco City Council, dated August 1, 1994
B) Bills and Communications To approve General Claims in the
amount of $ 413,596 90 ($23,098 70 being in the form of Wire
Transfer Nos 2905 and 2908, and $390,498 12 consisting of
Claim Warrants numbered 87666 through 87896)
C) Acceptance of Deed of Right-of-Way on Broadmoor Road To
accept the nght-of-way deed from M and E Martin for portion of
Broadmoor Road
D) Resolution No 2144 To approve Resolution No 2144, accepting
the work by Ray Poland and Sons, Inc under Project No 87-2-01
E) Resolution No 2145 To approve Resolution No, 2145, accepting
the work by Sharpe and Preszler Construction, Inc , for the
construction of the Foster Wells Waterline Project No 92-2-04
F) Resolution No 2146 To approve Resolution No 2146, accepting
the work by Sharpe and Preszler Construction, Inc , for the
construction of the Commercial Avenue Waterline Project No 92-
2-03
G) Second Amendment to the Dellinger Option Agreement To
approve the Second Amendment to the Dellinger Option
Agreement
PROCLAMATION AND ACKNOWLEDGMENTS
None
VISITORS
None
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REGULAR MEETING PASCO CITY COUNCIL AUGUST 15, 1994
REPORTS FROM COMMITTEES AND/OR OFFICERS
Mayor's Activity Report No report given
Pasco Downtown Development Association Board Meeting - August 2,
1994 Mr Kilbury did not attend the meeting
Tn-MATS Policy Advisory Committee Meeting - August 11, 1994 Mr
Kilbury reported that each representative explained transportation
matters pertinent to their junsdictions
Park & Recreation Advisory Council Meeting - August 4, 1994 Mayor
Joyce DeFelice reported that the lights have been installed at Walter's
Field and a "Lights-on" ceremony will be held on August 20, 1994
Senior Citizens Advisory Committee Meeting - August 8, 1994 Mayor
Joyce DeFelice reported that the newly reappointed Committee
members attended the meeting and there will be an Open House
sometime in September or October as soon as all the remodeling is
completed
Task Force For A Safe Community Board Meeting - August 9, 1994
Mr Lathim reported that no action was taken on the gun "buy back"
item that has been on the Task Force Agenda for some time It was
decided that this wouldn't be the type of activity that the Task Force
was interested in participating in
B F Transit Board Meeting - August 11, 1994 Mr Garrison was
unable to attend the meeting
PUBLIC HEARINGS
Rezone R-2 to 1-2 between 16 West "A" Street and 19 West "A" Street
(Western Materials) (MF #94-48-Z) Mr David McDonald, City
Planner, addressed Council and noted for the record that notice of the
public heanng was published, and mailed to affected property owners,
as required by law
Mr McDonald reported that at the last regular meeting of the
Planning Commission a petition from Western Matenals was discussed
requesting a rezone of three (3) lots in Fann's Addition The Planning
Commission recommended that the request for rezone be approved
because the property is located between mdustnal zoned property and
a major arterial They felt that Western Matenals has operated as a
good neighbor for a number of years Rezoning of the property would
replace a nonviable residential area with a viable and realistic zoning
designation and would allow the expansion of an existing business
within the community The request for rezone is supported by
policies within the Comprehensive Plan
Mr McDonald explained that following the recommendation of the
Planning Commission several of the adjoining property owners
garnered sufficient signatures on a petition to protest the rezone The
pnmary reasons for protesting the rezone are as follows The increase
in noise created because of the rezone, a possible decrease in property
values, the configuration of the alley because of the building that has
been built 15 feet into the alley, and loss of the use of lot 6 by an
adjoining property owner to park vehicles
Mr McDonald also explained that the alley has been in existence for a
number of years, however, it doesn't show up on a number of City
maps nor was it recorded with Franklin County After doing some
additional research a document was found, dated 1947, that descnbed
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REGULAR MEETING PASCO CITY COUNCIL
AUGUST 15, 1994
the alley as a 30 foot wide alleyway Western Matenals has agreed to
provide an additional area south of their new building to allow traffic to
get through
Mr Garrison questioned if the alley was or was not a legal alley?
Mr McDonald explained that the alley is not recorded with Franklin
County, however, according to Mr Rubstello since the alley has been
maintained for years it is an alley
Mr Hargrow explained that he toured the area and found that a large
number of citizens, when asked about the proposed rezone, didn't
know what he was talking about because of a language barner
MAYOR DEFELICE DECLARED THE PUBLIC HEARING OPEN TO
CONSIDER THE REZONE FROM R-2 TO I-1 OF THE PROPERTY
LOCATED BETWEEN 16 WEST "A" STREET AND 19 WEST "A"
STREET
Mr Jeff Keever, of Rt 2 box 2312, Benton City, spoke on behalf of his
sister who owns lot 5 He asked Mr McDonald if it was normal for
HUD to assist with the reconstruction of homes in nonviable areas
Mr McDonald explained that HUD was not paying for these
improvements The City has provided residential rehabilitation
assistance and then placed a lien on the property to recover these
funds when the property is sold
Mr Keever felt that the alley is an easement because of the length of
time it has been maintained as such He also felt the City was being
insensitive when his sister was told she was lucky for not being
arrested for parking on lot 6 and that she should park in her backyard
He felt that by telling her to park in that area she would be unsafe
because it is darker and less secure This would also be difficult for
her as she is post-polio and disabled
Mr Stan Martinez, of Western Materials, responded to Mr Keever's
concerns for his sister He explained that she would be able to come
in the same way she has been, however, she would have to park on her
own property Mr Martinez felt that approving the request for a
rezone would be good for Pasco and it would be consistent with the
Comprehensive Plan
Ms Phyllis Fairbanks, of 16 West "A", felt that she was losing privacy
with the expansion of Western Matenals and that she would have no
place to park her vehicles
Mr Dave Fleiger, of 1108 West Margaret Street, felt that the citizens
needed to be considered and the decision reached should be a balance
between what's good for the citizens and what's good for business
Ms Loretta Smith, of 19 West "A" Street, felt that the whole issue
should be forgotten about
Mr Steve Dean, of 904 West 23rd Place, Kennewick, pointed out that
the problem with the alley would be resolved with the re-routing
proposed by Western Matenals He was in favor of the rezone and felt
it falls in with the Comprehensive Plan
Mr Norman Dickson, of 732 South 4th Avenue, felt that the City
should have been more sensitive to the property owners involved and
remember that they are people not just houses or lots He also felt
more effort should have gone into making sure non-English speaking
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REGULAR MEETING PASCO CITY COUNCIL AUGUST 15, 1994
citizens understood what was happenmg
Following three (3) calls from Mayor DeFelice for comments from the
floor, either for or against, the public hearing was declared closed
Mayor DeFelice asked Mr McDonald to explain how the proposed
rezone fits in with the Comprehensive Plan'?
Mr McDonald explained that the Comprehensive Plan states that the
entire area between "A" Street and Columbia Street be zoned
industrial Over the years the houses in Fann's Addition that were still
zoned residential have been slowly demolished The Comprehensive
Plan shows the entire area north of "A" Street and south of Columbia
Avenue as various types of commercial zones The overall policy is to
encourage nonviable residential areas to gravitate towards other types
of commercial and mdustnal uses
ORDINANCE NO. 3039
An Ordinance relating to zoning and changing the
classification of certain real property within the City of
Pasco from R-2 to I-1 with a concomitant agreement
MOTION Ordinance No 3039 was read by title only Mr Jensen
moved to adopt Ordinance No 3039 granting a rezone from R-2 to I-1
with a concomitant agreement Mr Lath= seconded the motion
Mr Strode wanted to point out that the proposed action is only a
rezone and it does not in anyway change any vacation of any alley or
impact any existing parking regulations He also pointed out that the
adjoining use of these lots is very consistent with the I-1 proposed
rezone Mr Strode felt that Western Materials had demonstrated a
willingness to maintain the alley and to provide additional access to
make it easier for the neighborhood to function in the future
Mr Hargrow felt the proposed rezone was insensitive and when he
drove through the alley he saw the building blocking the alley He also
felt the City should have made a greater effort to communicate with
the property owners in the vicinity
Motion carried by the following voice vote Yes - Garrison, DeFelice,
Lathim, Strode, Jensen, No - Hargrow,lbury
Mayor DeFelice felt future notices should be state that a Spanish
version is available
ORDINANCES/RESOLUTIONS NOT RELATED TO PUBLIC HEARINGS
ORDINANCE NO. 3040
AN ORDINANCE RELATING TO THE WATERWORKS
UTILITY OF THE CITY, SPECIFYING, ADOPTING AND
ORDERING THE CARRYING OUT OF A SYSTEM OR PLAN
FOR ADDITIONS AND BETTERMENTS TO AND
EXTENSIONS OF THE WATERWORKS UTILITY OF THE
CITY, AUTHORIZING THE ISSUANCE OF WATER AND
SEWER REVENUE BONDS
MOTION Mr Strode moved to adopt Ordinance No 3040,
authorizing issuance of $8,520,000 of Water and Sewer revenue bonds,
including a $3,000,000 bond anticipation note Mr Jensen seconded
the motion
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REGULAR MEETING PASCO CITY COUNCIL AUGUST 15, 1994
MOTION Mr Kilbury moved to correct Section 1 of page 3 to change
the year 1994 to 1995 Mr Jensen seconded the motion Motion
carried (No - Strode)
Mr Strode could not find where any change was necessary
Mayor DeFelice informed Council that the motion was out of order and
to disregard it Mayor DeFelice stated that the change Mr Kilbury was
attempting to make should be in the following ordinance
Mayor DeFelice requested that the Clerk read the full ordinance title
agam
Motion earned by unanimous roll call vote
ORDINANCE NO. 3041
AN ORDINANCE RELATING TO THE DEFEASANCE OF AN
OUTSTANDING LEASE/PURCHASE AGREEMENT AND
CERTIFICATES OF PARTICIPATION THEREIN AND
AUTHORIZING THE EXECUTION AND DELIVERY OF A
DEFEASANCE TRUST AGREEMENT
MOTION Ordinance No 3041 was read by title only Mr Strode
moved to adopt Ordinance No 3041, authorizing defeasance of an
outstanding lease purchase agreement and modifying Section 1, page
3 to read January 1, 1995 Mr Gamson seconded the motion Motion
carried by unanimous roll call vote
ORDINANCE NO. 3042
AN ORDINANCE RELATING TO CONTRACTING
INDEBTEDNESS, PROVIDING FOR THE ISSUANCE IN
TWO SERIES OF PAR VALUE OF LIMITED TAX GENERAL
OBLIGATION BONDS, 1994, OF THE CITY FOR GENERAL
CITY PURPOSES TO PROVIDE FUNDS TO PAY PART OF
THE COST OF THE CITY'S NEW CIVIC CENTER, CITY
GOVERNMENT OFFICES, ACTIVITY CENTER, AND TO
PAY PART OF THE COST OF THE NEW SPORTS STADIUM
MOTION Mr Strode moved to adopt Ordinance No 3042,
authorizing issuance of $4,505,000 of limited tax general obligation
bonds Mr Gamson seconded the motion
Mr Alan Dashen, of Seattle Northwest Secunties, Inc , explained that
the bond sale was able to get some good institutional business
Motion earned by unanimous roll call vote
ORDINANCE NO. 3043
AN ORDINANCE CONCERNING WATER AND SEWER
RATES AND CHARGES
MOTION Ordinance No 3043 was read by title only Mr Jensen
moved to adopt Ordinance No 3043, an ordinance authorizing
commercial, common-wall buildings with a single occupant, located
within the central downtown area to be charged one minimum water
and sewer fee when served by more than one meter Mr Garrison
seconded the motion Motion earned unanimously
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REGULAR MEETING PASCO CITY COUNCIL AUGUST 15, 1994
RESOLUTION NO. 2147
A RESOLUTION AMENDING THE CITY OF PASCO'S
COMPREHENSIVE STREET, STORM DRAIN, AND BRIDGE
PROGRAMS FOR THE YEAR 1995-2000
MOTION Resolution No 2147 was read by title only Mr Jensen
moved to approve Resolution No 2147 amending the Six Year
Transportation Improvement Program to include the overlay of A
Street, Between 10th Avenue and Wehe Avenue Mr Strode seconded
the motion Motion earned unanimously
ORDINANCE NO. 3044
AN ORDINANCE RELATING TO PARKING ON LEWIS
STREET AND ADDING SECTION 10 56 130 TO THE
PASCO MUNICIPAL CODE
MOTION Ordinance No 3044 was read by title only Mr Strode
moved to adopt Ordinance No 3044 revising the parking time limits
to one (1) hour on the south side of Lewis Street, from the east
curblme of 5th Avenue to a point 125 feet east of 5th Avenue and on
the south side of Lewis Street from a point 165 feet east of 5th Avenue
to a point 265 feet east of the east curbhne of 5th Avenue and adding a
new section to the Pasco Municipal Code Mr Hargrow seconded the
motion Motion earned unanimously
ORDINANCE NO. 3045
AN ORDINANCE RELATING TO PARKING ON LEWIS
STREET AND ADDING SECTION 10 56 140 TO THE
PASCO MUNICIPAL CODE
MOTION Ordinance No 3046 was read by title only Mr Strode
moved to adopt Ordinance No 3045 revising the parking time limits
to fifteen (15) minutes on the south side of Lewis Street from a point
125 feet east of the east curblme of 5th Avenue to a point 165 feet of
the east curblme of 5th Avenue and adding a new section to the Pasco
Municipal Code Mr Kilbury seconded the motion Motion carried
unanimously
RESOLUTION NO. 2148
A RESOLUTION CONCERNING THE LOCATION OF
ASSISTED FARMWORKER HOUSING IN THE CITY OF
PASCO
MOTION Resolution No 2148 was read by title only Mr Kilbury
move to approve Resolution No 2148 urging modifications to the
housing project proposed by the Pasco Housing Authority Mr
Garrison seconded the motion Motion carried by the following voice
vote Yes - Kilbury, Garrison, DeFelice, Lathim, Strode, No - Hargrow,
Jensen
UNFINISHED BUSINESS
None
NEW BUSINESS
Award of a Contract for the BioSolids Drying Bed Project
MOTION Mr Kilbury moved to award the contract for the
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REGULAR MEETING PASCO CITY COUNCIL
AUGUST 15, 1994
I
construction of the BioSolids Drying Beds, Project No 94-1-02 to
Hughes-Shiers Construction, Inc, in the amount of $688,377 38, and
further to authorize the Mayor to sign the contract documents Mr
Strode seconded the motion Motion carried by majonty roll call vote
(Garrison - abstain due to business relationship)
Simplot Project Management
MOTION Mr Hargrow moved to authonze the City to contract with
the Port of Pasco for reimbursement of the City's share of consulting
engineer's expenses incurred by the Port for the coordination and
organization of the Simplot Project and related public improvements,
not to exceed $17,000 00 Mr Lath= seconded the motion Motion
carried by unammous roll call vote
Declaratory Judgment Action Between City of Pasco and the Joint
Housing Authonty
MOTION Mr Jensen moved to direct the City Attorney to seek
dismissal of the Declaratory Judgment proceedings between the City
and the Joint Housing Authority Mr Hargrow seconded the motion
Motion carried by the following voice vote Yes - Jensen, DeFelice,
Lathim, Hargrow, Kilbury, No - Garrison, Strode
Ratification of Proposed 1994-1995 Collective Bargaining Agreement
with Local 1433 IAFF
MOTION Mr Kilbury moved to approve the proposed 1994-1995
Collective Bargaining Agreement between the City of Pasco and Local
1433, IAFF as tentatively agreed between the negotiators for the
parties and ratified by the membership of Local 1433 Mr Garrison
seconded the motion Motion carried unanimously
MISCELLANEOUS - INCLUDING SUGGESTIONS FROM COUNCIL
MOTION Mr Strode moved to extend the deadline for closing of
Phase II purchase by the Sun Willows Group to September 15, 1994
Mr Kilbury seconded the motion Motion carned unanimously
ADJOURNMENT
No further business, the meeting was adjourned at 8 56 P M
Joyc lice, Mayor
ATTEST
Cathenne D Seaman
Deputy City Clerk
PASSED and APPROVED this 6 day of September , 1994
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