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HomeMy WebLinkAbout1994.05.02 Council MinutesMINUTES PASCO CITY COUNCIL REGULAR MEETING MAY 2, 1994 CALL TO ORDER The meeting was called to order at 8 00 P M by Joyce DeFelice, Mayor ROLL CALL By Deputy City Clerk Councilmembers present Joyce DeFelice, Michael Garrison, Edgar Hargrow, Charles Kilbury, and Carl Strode Councilmembers absent Dan Lathim and Chris Jensen Also present Gary Crutchfield, City Manager, Greg Rubstello, City Attorney, David McDonald, Community Development Director, Capt F Anderson, Police Department, Jim Ajax, Public Works Director, Dick Erickson, Parks & Recreation Director, and Kurt Luhrs, Admmistrative 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 Mr Hargrow Motion carried unanimously Consent items are as follows A) Approval of Minutes To approve minutes of Regular Meeting held April 18, 1994 To approve minutes of Special Meeting held April 25, 1994 B) Bills and Communications To approve General Claims in the amount of $266,978 63 ($26,517 77 being in the form of Wire Transfer Nos 2874 and 2876, and $240,460 86 consisting of Claim Warrants numbered 86144 through 86311) To approve Payroll Claims in the amount of $692,157 22, Payroll Voucher Nos 35492 through 35689, and 35712 through 35907, and 35920 through 36213 To approve bad debt write-offs for utility billing, ambulance and Municipal Court non-criminal and criminal accounts receivable in the total amount of $51,254 89 and, of that amount, authorize $47,747 09 be turned over for collection C) Appointments to Senior Citizens Advisory Committee To concur in the Mayor's appointment of the following persons to the Pasco/Franklin County Senior Citizens Advisory Committee Jane Pauline to Position No 2, for a term which will expire on June 16, 1996 (replacing A L Robuck), and Valane Pilgreen to Position No 3, for a term which will expire on June 16, 1996 (replacing Betty Hoover) D) Resolution No 2126 To approve Resolution No 2126, fixing 8 00 p m, June 6, 1994, as the time and place for a public hearing to consider the proposed vacation E) Resolution No 2127 To approve Resolution No 2127, authonzmg the sale of surplus properties F) Resolution No 2128 To approve Resolution No 2128, fixing 8 00 p m, June 6, 1994, as the time and place for a public hearing to consider the proposed vacation 1 1 , MINUTES REGULAR MEETING PASCO CITY COUNCIL MAY 2, 1994 PROCLAMATION AND ACKNOWLEDGMENTS "Yard of the Month" Awards, April, 1994 The following Pasco residents were presented Certificates of Appreciation from Mayor Joyce DeFehce Rita Watson, 603 North Hugo Avenue Rod and Thelma Plante, 2706 West Bonneville Street (unable to attend) Richard and Betty Winship, 1939 West Hopkins Street (unable to attend) George and Ethel Benward, 928 West Octave Street Ruben and Zino Rodriguez, 1124 West Jan Street (unable to attend) Keith and Elaine Maki, 4107 Desert Plateau Drive (unable to attend) VISITORS Mr Bob Moore, of 93 Crystal Drive, presented and read a petition to the Council as follows The Honorable Mayor, Members of Council, and Staff of the City of Pasco We are here speaking for a group of Block Watch Captains and concerned citizens We make the effort, take the time and initiate teamwork with our neighborhood and the Police Department combating the crime problem because we care about our City and neighborhoods We took the challenge to be a working member of Block Watch program in our City We agreed to actively report crime, to safeguard our homes and community, discouraging the burglar, and any other criminal element Time and again we hear that without our efforts Block Watch in Pasco would not be a success We act as eyes and ears for law enforcement The Police are doing all that they can, but they cannot always be ever-present We who are present, represent the Block Watch Captains, and concerned citizens of their respective neighborhoods throughout the City We are here this evening to request your consideration of a Juvenile Curfew Law to get a grip on the problems that are very evident in our community Graffiti, vandalism, car prowls and other illegal activity have created an environment that make our city less attractive, especially for potential new residents and business ventures Children as young as eleven and twelve of age roam about Pasco late at night into the early morning hours Most juveniles have no reason to be out roaming the neighborhoods after 11 p m The 1993 Crime Statistics show that total crime has decreased in the City of Pasco Yet, the same report shows evidence that Juvenile Crime continues to escalate This we address as a viable issue and strongly believe that immediate enactment of a Juvenile Curfew Law would serve as a deterrent to crime on our streets Police would gain another tool for combating the juvenile offender Parents of the juveniles responsible for a criminal activity should be accountable for the whereabouts of their children The entire community would benefit from the enactment of a Juvenile Curfew Law Keeping juveniles off the streets of the City of Pasco late at night and in the early morning hours would eliminate the potential for mischief We understand that a Juvenile Curfew Law was ruled unconstitutional m the City of Seattle in 1973 We are also aware that any mention of a Juvenile Curfew Law brings threats of ACLU intervention and potential legal challenge Some neighboring communities have enacted Juvenile Curfew Laws that have withstood any challenge for more than a year 2 MINUTES REGULAR MEETING PASCO CITY COUNCIL MAY 2, 1994 We strongly encourage you to take the challenge When necessary go to court, fight with every legal resource available to insure that the City of Pasco takes an effective stand in controlling this present and growing problem As communities stand up to legal challenges the effort will result in elimination of the malicious crimes Pasco can reclaim control of their streets and parks and provide for the secunty of the citizens and their property through enactment of a solid Juvenile Curfew Law This issue is very important to us as a community Your immediate action is encouraged, knowing that nothing ventured results in nothing gained You have our full support and together show our intent to pursue enactment of a responsible Juvenile Curfew Law for the City of Pasco Mr Moore explained that there are 627 signatures on the petition and they include citizens from all areas of Pasco Mayor DeFehce explained to Mr Moore that this issue was discussed at the last Council meeting and it was under consideration It will be placed on a future workshop agenda to give the public an opportunity to present comments, for and against, on this issue REPORTS FROM COMMITTEES AND/OR OFFICERS Mayor's Activity Report Mayor DeFehce reported On April 23, represented the City at a banquet hosted by the Arts Council On April 25, attended a press conference at the La Chnica building regarding their plans for the future On April 30, gave welcome greeting to the Toastmasters Convention at the Red Lion Good Roads Association Meeting - April 20, 1994 Mr Lathim was absent B F Regional Council Board Meeting - April 22, 1994 Mr Kilbury reported that the Intergovernmental Review Process program of $250,000 was approved A loan to McDaniel Manufacturing, Inc and extending the approval date for Circle Enterprises were approved The 1995 ISTEA Enhancement projects were approved Tn-Cities Visitor & Convention Bureau Board Meeting - April 28, 1994 Mr Lathim was absent B F Health Board Meeting - April 28, 1994 Mr Strode reported that there was a progress report on improvement upgrades to the Health District facilities Received a report from the Budget Committee regarding the consultant's recommendation for an automated billing system and gave the consultant additional authority to continue with recommendations for software and hardware supplier for the Health District Three labor contracts were reviewed and approved for the Washington State Nurses Association for full time nursing staff, a contract and salary scale guideline for administrative staff, and a contract and hourly wage guideline for the part-time hourly workers PUBLIC HEARINGS 1994 Block Grant Program Amendment Mr David McDonald, Community Development Director, addressed Council and noted for the record that notice of the public hearing was published as required by law Mr McDonald explained that each year when the Block Grant Program - 3 - MINUTES REGULAR MEETING PASCO CITY COUNCIL MAY 2, 1994 is put together the City is unsure of the amount of money that HUD will allocate to the City Stafk,e0timated that we would receive $545,000 for this years program In reality, HUD is going to allocate an additional $48,000, which bnngs the total Block Grant funds to $593,000 for 1994 Receiving additional funds requires a heanng to amend the program for this yea"' It is suggested that $30,000 be allocated to the Senior Center, that $6,000 be allocated to the revolving abatement fund, and $12,000 be allocated to the Kurtzman Park Improvement Program MAYOR DEFELICE DECLARED THE PUBLIC HEARING OPEN TO CONSIDER AMENDING THE 1994 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Ms Robin Markle, of 2313 West Sylvester Street, wanted to know if Council has thought about putting some of this money towards something for kids to keep them out of trouble'? What about other seasons besides summer'? Mayor DeFehce explained that Block Grant funds can only be used for certain types of activities and uses Mr McDonald explained that for the last several years $38,000 has been allocated for a Recreation Specialist as well as lighting for the parks Following three (3) calls from Mayor DeFehce for comments from the floor, either for or against, the public heanng was declared closed RESOLUTION NO. 2129 A RESOLUTION AMENDING THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BUDGET FOR THE CITY OF PASCO, WASHINGTON MOTION Resolution No 2129, was read by title only Mr Garrison moved to approve Resolution No 2129, amending funding levels for activities under the 1994 Block Grant Program Mr Strode seconded the motion Motion carried unanimously ORDINANCES/RESOLUTIONS NOT RELATED TO PUBLIC HEARINGS ORDINANCE NO. 3013 AN ORDINANCE GRANTING A FRANCHISE TO BIG BEND ELECTRIC COOPERATIVE, INC FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF ELECTRIC FACILITIES WITHIN THE CITY OF PASCO MOTION Ordinance No 3013, was read by title only Mr Hargrow moved to adopt Ordinance No 3013, an ordinance granting a franchise to Big Bend Electric Cooperative, Inc for the construction, operation and maintenance of electric facilities within the City of Pasco Mr Garrison seconded the motion Motion carried unanimously RESOLUTION NO. 2130 A RESOLUTION OBJECTING TO AIR QUALITY REGULATIONS DUE TO WIND-BLOWN DUST MOTION Resolution No 2130, was read by title only Mr Strode -4- MINUTES REGULAR MEETING PASCO CITY COUNCIL MAY 2, 1994 moved to approve Resolution No 2130, objecting to Air Quality Regulations due to wind-blown dust Mr Garrison seconded the motion Motion carried unanimously ORDINANCE NO. 3014 AN ORDINANCE RELATING TO ZONING, AMENDING SECTION 22 42 025 OF THE PASCO MUNICIPAL CODE DEALING WITH CAR LOTS AS A CONDITIONAL USE WITHIN A C-1 DISTRICT MOTION Ordinance No 3014, was read by title only Mr Strode moved to adopt Ordinance No 3014, amending PMC Title 22 by altering the location criteria for auto sales lots in the C-1 zone Mr Kilbury seconded the motion Motion earned unanimously ORDINANCE NO. 3015 AN ORDINANCE RELATING TO LAND USE AND ZONING, AMENDING TITLE 22 BY ENACTING NEW CHAPTER 22 25 DEALING WITH LOW DENSITY RESIDENTIAL ZONING MOTION Ordinance No 3015, was read by title only Mr Gamson moved to adopt Ordinance No 3015, amending PMC Title 22 by creating an R-1-8 5 zoning district Mr Strode seconded the motion Motion camed unanimously ORDINANCE NO. 3016 AN ORDINANCE RELATING TO ZONING AND CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY WITHIN THE CITY OF PASCO FROM RT AND R-1-S (RESIDENTIAL TRANSITIONAL/SUBURBAN) TO R-1-8 5 (LOW DENSITY RESIDENTIAL) MOTION Ordinance No 3016, was read by title only Mr Hargrow moved to adopt Ordinance No 3016, granting a rezone from RI' and R-1-S to R-1-8 5, as recommended by the Planning Commission Mr Garrison seconded the motion Motion camed unanimously UNFINISHED BUSINESS None NEW BUSINESS Third Amendment - Water World Manna MOTION Mr Garrison moved to authorize the Mayor to sign the Third Amendment to Commercial Concession Agreement for the Pasco Boat Basin with Water World Manna Mr Strode seconded the motion Motion carried unanimously Safe Community Task Force Agreement MOTION Mr Hargrow moved to approve the agreement with the Task Force For A Safe Community providing for employment of the Task Force Coordinator and, further, authorize the Mayor to sign the agreement Mr Garrison seconded the motion Motion carried unanimously Special Permit Auto Sales Lot in a C-1 Zone - 1132 West Sylvester Street (MF #94-10-SP) MOTION Mr Strode moved to approve the special permit for an auto -5- MINUTES REGULAR MEETING PASCO CITY COUNCIL MAY 2, 1994 sales lot located at 1132 West Sylvester Street, as recommended by the Planning Commission Mr Kilbury seconded the motion Motion carried unanimously —" Mayor DeFelice called for a five minute recess Baseball Stadium Feasibility Study Mr Crutchfield explained that the feasibility study indicated that the utilization of a stadium was feasible from an economic standpoint as long as there wasn't any long term debt associated with the facility Given the fact that approximately 60% of the construction costs is in room tax reserves, and given the willingness of the City of Richland to participate with $300,000, the balance of the project cost is a gap that can be filled with lease revenue from the team, and additional advertising arrangements that the team is willing to put in place so that there can be a stadium m the Tn-Cities The League and the team ownership are very interested in seeing the Tr-Cities have a team because from a demographic standpoint it makes sense The fact that the stadium would be located next to the TRAC parking lot is the only way it is affordable The City has committed that the use of the stadium would be restricted insofar as the Western Baseball League, which schedules 45 home games each summer, would set its schedule in January of each year and would avoid scheduling a baseball game on any date that summer that the TRAC facility is already booked This would be done to avoid use conflicts in the parking lot The only exception to this would be a situation where the City would be willing to provide the excess parking necessary to accommodate both events at once Any non-baseball use would be subject to the prior written approval of the County Part of the parking revenue and any profit resulting from the operation of the stadium would go to the TRAC budget Because the stadium would consume about 5 acres of County owned property located next to the TRAC parking lot, that could otherwise be leased to some private venture, the City is willing to pay the market value for the use of those acres This would eliminate the expressed concern of the County Commissioners that the location of the stadium on County land would reduce their future income potential Staff wants to urge Council to take the step forward to provide for a commitment to be made to the Western Baseball League for a stadium next May, subject to Richland and Franklin County commitments MOTION Mr Kilbury moved to authorize the City Manager to commit that a stadium will be available to the Western Baseball League in May 1995, provided the City of Richland commits to assist construction of the stadium and Franklin County makes an acceptable commitment for locating the stadium adjacent the TRAC parking lot Mr Strode seconded the motion Motion carned unanimously MISCELLANEOUS - INCLUDING SUGGESTIONS FROM COUNCIL Cmco De Mayo MOTION Mr Kilbury moved to authorize the City Manager to reimburse the Cinco de Mayo Festival for up to $500 of expenses associated with the improvement of the stage appurtenances and promotion for the Cinco de Mayo Festival Mr Hargrow seconded the motion Motion carried unanimously Delinquent LID Foreclosures Mr Crutchfield explained that the City foreclosed on delinquent LID assessments and properties in East Pasco neighborhoods, particularly in the Highland Park area, over the course of the last few years A sizable number of lots were put on the 6- MINUTES REGULAR MEETING PASCO CITY COUNCIL MAY 2, 1994 market in the form of a request for proposals It was specifically requested that proposals submitted identify what the party was willing to pay for the lots involved, but also to describe their particular background and capability to perform and the kind of development that they envision for those lots The reason for this type of proposal request was to determine the level of interest and to determine which of those proposals would be in the best interest of the neighborhood and the community in terms of the ultimate development being proposed by the respective proposer April 15, 1994, was the deadline for receiving proposals These proposals were presented to Council on April 29th for discussion and tonight Council approved a resolution that authorized the sale of some of the lots The balance of the lots, frankly the prime properties, generated five proposals Recognizing the need to take more time in reviewing those proposals and developing a report for Council to review, staff was intending to present that report at the May 9th Workshop One of the five proposals is from a Florida firm, whose proposal involves a financing mechanism which involves the receipt of certain tax credit designation from the State of Washington Housing Finance Commission Apparently, the State has a May 20th deadline It was learned last week that this was a problem for the proposer Unfortunately, they have submitted their proposal on a standard real estate contract format, not a letter of proposal as requested Their proposal has a deadline of May 1st or 2nd It was explained to the developer that the best that could be done would be to present the problem to Council this evening and ask for a special meeting on May 4, 1994, at which the five proposals can be reviewed and it be decided which, if any, Council wishes to proceed with Given that background, and the fact that there is a May 20th application deadline for filing with the State, that staff would recommend holding a special meeting May 4th to decide which to proceed with This would let the Florida developer know whether or not to make application to the State for the tax credits Mr Garrison felt that this sounds like the same type of financing that the City of Kennewick is having problems with and stated that he doesn't want the City to get into those same types of problems Mr Strode recognizes that this was a request for proposals put out by the City These proposals were to include purchase and development plans along with enough information to allow the City to make an analysis of the proposers ability to perform As it has been pointed out, this is a fairly large project that will have a significant impact not only upon the City, but specifically Highland Park It would be a shame to have any kind of problems occur in that area that would damage the progress that has been made there in the last few years Therefore, since this was a request for proposals, as opposed to a request for a real estate purchase and sales agreement, staff has acted correctly and should be encouraged to continue with this project Also, it would be appropriate to have a special meeting on May 4th to give the Florida developer a decision in a timely manner Mr Hargrow supported the project and felt this type of housing is really needed, particularly in East Pasco He wanted to know what happens with the May 2nd deadline'? Mr Crutchfield explained that the May 2nd deadline is from the Florida developer not the City The City didn't request any deadlines -7 e MINUTES REGULAR MEETING PASCO CITY COUNCIL MAY 2, 1994 Ms Fran Thomas, of 3216 Road 68, explained that the developer has extended their deadline until May 3rd, however, they need to know by then because it takes their entire staff to assemble the necessary documents and still file it by the State's deadline of May 20th She also wanted to know where the five offers came from, because she was there and only one other offer was received Mr Crutchfield explained that it was very clearly stated at the end of the request for proposals that the City could accept any, or all, or part of, any of the proposals received, or could also reject all of them There was no bidding process involved and there seems to be a failure to understand the distinction, although it has been explained many times Mr Eldon Gray, of Century 21 in Kennewick, addressed Council to present a written offer for some of the property owned by Charles Grigg on "A" Street and Cedar Avenue If this other property doesn't get approved by the Council they would be unable to proceed because there wouldn't be enough time to get the paperwork to the State Mr Crutchfield explained that he talked with Mr Gngg and at the end of the conversation Mr Grigg agreed that the City needed to go through the process to evaluate the proposals MOTION Mr Strode moved to set the date for a special meeting for May 4, 1994, at 7 30 p m to evaluate the Highland Park Purchase Proposals Mr Garrison seconded the motion Motion carried unanimously Executive Session - Personnel/Land Acquisition Mayor DeFelice called an executive session to discuss personnel and land acquisition matters at 9 25 p m The meeting was reconvened at 9 38 p m ADJOURNMENT No further business, the meetmg was adjourned at 9 40 P M Joy 1Felice, Mayor ATTEST Catherine D Seaman Deputy City Clerk PASSED and APPROVED this /‘' day of 1994 1994 -8- 8 -