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HomeMy WebLinkAbout04-17-1995 MinutesMINUTES PASCO CITY COUNCIL REGULAR MEETING APRIL 17, 1995 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, 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, Richard Smith, Community & Economic Dev Director, and Kurt Luhrs, Administrative Assistant PLEDGE OF ALLEGIANCE The meeting was opened with the Pledge of Allegiance CONSENT AGENDA MOTION Mr Gamson moved to approve the Consent Agenda Seconded by Mr Lathim Motion camed unanimously Consent items are as follows A) Approval of Minutes To approve minutes of Regular Meeting held April 3, 1995 B) Bills and Communications To approve General Claims in the amount of $1,115,552 25 ($33,444 28 being in the form of Wire Transfer Nos 2982 through 2983, and $1,082,107 97 consisting of Claim Warrants numbered 91092 through 91347) C) Resolution No 2181 To approve Resolution No 2181, expressing support for the timely development of the Hazardous Materials and Emergency Response Training Center PROCLAMATION AND ACKNOWLEDGMENTS Ms Jean Ryckman, Public Information Officer for the Franklm County P U D, commended the City for deciding to use conservation in the building's lighting By installing the T-8 32 watt lighting the City will save approximately 167,540 kilowatt hours per year Mr Don Patton, President of the Franklin County P U D Board, congratulated the City for remodeling the old McLoughlin Middle School building He then presented Mayor DeFelice with a check in the amount of $24,625 for energy conservation rebate Mayor DeFelice thanked Mr Patton and invited Mr Luhrs, as project manager, to say a few words on behalf of the City Mr Luhrs explained that it was a pleasure to work on the project and the incentive was there to do the job right The long term payment to the City will pay off the higher cost for the fixtures Motion detectors were installed to make sure lights get turned off at night He also noted the building meets all energy code requirements under the Building Code VISITORS None MINUTES REGULAR MEETING PASCO CITY COUNCIL APRIL 17, 1995 REPORTS FROM COMMITTEES AND/OR OFFICERS Mayor's Activity Report Mayor DeFelice reported On April 12, attended the City's third annual Volunteer Appreciation Reception On April 14, gave the KONA Radio Mayor's report On April 15, in the morning attended the dedication and ribbon cutting ceremony for the Pasco Youth Baseball Complex and later that evening attended the third annual African-American Princess Pageant Pasco Downtown Development Association Board Meeting, April 4, 1995 Mr Kilbury reported that there was discussion on the Gateway Beautification Committee, there was discussion on changmg the Autumn Festival to a chili cook-off, and it was reported that there has been a great response for the Cmco De Mayo Parade Parks & Recreation Advisory Council Meeting, April 6, 1995 Mayor DeFelice was unable to attend the meeting Senior Citizens Advisory Committee Meeting, April 10, 1995 Mayor DeFelice reported that the meeting was routine BFRC Tn-MATS RTPO Policy Advisory Committee Meeting, April 13, 1995 Mr Kilbury reported that each member commented on transportation issues in their jurisdictions, the 1995 Transportation Enhancement Program was approved, the final draft on the status of railroads was given, the City of Kennewick's project on Clearwater Avenue was amended, and the Department of Transportation's response to the four lane project to Walla Walla was detailed B F Transit Board Meeting, April 13, 1995 Mr Gamson reported that interviews for the position of General Manager were given, approved a resolution to extend the contract with A+ for night service, declared a number of items as surplus, received a report on two new pamphlets for van-pooling and nde-sharmg, approved a resolution to purchase twelve new van-pool vehicles, and boardmg reports were presented PUBLIC HEARINGS (Appeal of Special Permit Recommendation) for Central Pre-mix Concrete (MF #94-89-SP) Mr David McDonald, City Planner, explained that late this afternoon Mr Bart Gallant, through his attorney, requested that the appeal be dropped The two parties have come to an agreement Mr McDonald read the following letter (addressed to him) into the record This letter will serve to inform you that Mr Gallant and Mr Murphy, of Central Pre-Mix, have reached an agreed settlement in the above referenced matter (MF #94-89-SP) Accordingly, Mr Gallant hereby formally withdraws his appeal as and against Central Pre-Mix's application for special permit We appreciate all of your cooperation in this matter If you should have any question please do not hesitate to contact me Thank you, Mark Hawsman, attorney for Mr Gallant Mr McDonald explamed that at this time there was no need for a public hearing since there is no longer a dispute Therefore, a motion to accept the Plarmmg Commission's recommendation would be in order MOTION Mr Gamson moved to accept the Planning Commission's recommendation on the Central Pre-Mix request Mr Strode seconded the motion -2- MINUTES REGULAR MEETING PASCO CITY COUNCIL APRIL 17, 1995 MAYOR DEFELICE DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE REQUEST FOR A SPECIAL PERMIT FOR CENTRAL PRE-MIX CONCRETE (MF #94-89-SP) Following three (3) calls from Mayor DeFelice for comments from the floor, either for or against, and there being none, the public heanng was declared closed Mr Garnson asked for the reasonmg behind the request for an extension of 20-25 years Mr McDonald explained that if the applicant was going to put in the equipment and go to the expense of improving the site that a significant amount of time would be needed for amortization (The ongmal request asked for an extension to the year 2050) The applicants do feel that there are that many more years of mineable matenal at the site Mr Craig Mayfield, manager of Central Pre-Mix Concrete, explained that the company will be installing a more environmentally sound batch plant Since batch plants are expensive to install and implement, the longer a time the company gets to amortize the investment the more that will be realized from the investment The motion carried unanimously Street Vacation - First Avenue and Shoshone Street (MF #95-04-V) Mr David McDonald, City Planner, addressed Council and noted for the record that notice of the public heanng was published as required by law Mr McDonald explained that the City Engineer has indicated that he doesn't want to see 1st Avenue vacated because that street is classified as an artenal The Franklin County P U D was concerned about the north/south alley and the east/west alley They wanted to retain those alleys Staff has prepared an ordinance that would provide for the vacation and, yet, retain the easement across the alley of concern It was also pointed out the part of the ordinance title was incorrect and the words "the east 10 feet of First Avenue" needed to be stncken from the ordinance title MAYOR DEFELICE DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE VACATION OF THE EAST TEN FEET OF FIRST AVENUE AND THE NORTH TEN FEET OF SHOSHONE STREET ABUTTING BLOCK 6 N P PLAT (MF #95-04-V) Following three (3) calls from Mayor DeFelice for comments from the floor, either for or against, and there bemg none, the public heanng was declared closed ORDINANCE NO. 3083 AN ORDINANCE VACATING THE NORTH 10 FEET OF SHOSHONE STREET ABUTTING BLOCK 6 N P PLAT MOTION Mr Strode moved to adopt Ordinance No 3083, vacating the north 10 feet of Shoshone Street abutting Block 6 N P Plat, and stnlung the language in the ordinance title "the east 10 feet of First Avenue" Mr Kilbury seconded the motion Motion carried unanimously Land Exchange with Pasco School District Mr Kurt Luhrs, Administrative Assistant, addressed Council and noted for the record that notice of the public heanng was published as required by law -3- , MINUTES REGULAR MEETING PASCO CITY COUNCIL APRIL 17, 1995 Mr Luhrs explained that the School Distnct proposes to exchange of land between themselves and the City The School District needs more land and the City has an obligation to sell properties acquired through LID foreclosure to reimburse the LID Guarantee Fund Staff felt the best way to accomplish this would be to trade for land that is probably more saleable The School Distnct owns the old Whittier School site, which is located along Lewis Street Staff felt this property would have a better curb appeal The School District's attorney recommended that both parties declare their property surplus in order to meet the State requirements Staff has agreed to follow this process and both parcels could be identified as surplus Mr Gamson asked if the values between the properties were comparable? Mr Luhrs explained that based on the Broker's opinion of value there was a minimal difference of about $700 00 MAYOR DEFELICE DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE TRANSFER OF REAL PROPERTY BETWEEN THE CITY OF PASCO AND THE PASCO SCHOOL DISTRICT PURSUANT TO RCW 39 33 020 Following three (3) calls from Mayor DeFelice for comments from the floor, either for or against, and there being none, the public hearing was declared closed MOTION Mr Gamson moved to declare the 20 acres located east of Cedar Avenue to be surplus to the City's needs and authorize exchange of this land for the old Whittier School site owned by the Pasco School District Mr Strode seconded the motion Motion carried unanimously Elimination of the C-1 -D Zoning District (MF #95-20-CA) Mr David McDonald, City Planner, addressed Council and noted for the record that notice of the public hearing was published as required by law Mr McDonald explained that for approximately twenty years the city's zoning regulations have contained provisions for a designated shopping center zone C-1 -D This zoning district permits uses similar to those found within the C-1 district with restrictions on a few uses The principal difference between the C-1-D and the C-1 districts lies in the fact that the C-1 -D district requires a two acre minimum lot size, larger yard setbacks and site plan review at a public hearing with the Planning Commission Because of the cumbersomeness of the C-1 -D regulations and the prohibition of certain uses, Metropolitan Mortgage last year requested all of their C-1-D property at Road 100 be changed to other commercial zoning districts to provide greater flexibility and development opportunities There are still three main areas within the community that are zoned C- 1-D These are located at the Road 68 interchange, the K Mart-Food Pavilion property and the City's commercial property on 20th Avenue While the K Mart Food Pavilion property is fully developed, the properties at Road 60 and on 20th Avenue are still vacant These vacant properties are receiving considerable mquines for potential development With the C-1-D designation the use of these properties is somewhat limited For example, the County owned property at Road 68 has been promoted for hotels and motels yet under the C-1 -D regulations hotel and motels are not permitted Likewise, the County's property as well as adjoining properties in the Road 68 area have been considered for highway service uses such as service stations and mini marts However, the C-1 -D -4- MINUTES REGULAR MEETING PASCO CITY COUNCIL APRIL 17, 1995 regulations require service stations to go through a special permit process in addition to Planning Commission site plan review The concern or issue involved with the City's commercial property on 20th Avenue relates to lot size requirements The City currently has a number of proposals from developers to purchase lots from the City, but these proposals do not all require two acre parcels Mr McDonald mformed Council that this matter was presented to seven (7) of the nine (9) Planning Commission members over the phone to inquire about their opinion on this issue All seven (7) were in agreement that the C-1 -D designation should be changed or totally stncken from the code Because of the problems associated with the C-1-D zonmg distnct and the fact that developers avoid this distnct, staff is recommendmg that it be eliminated from the zoning text and all C-1 -D properties be designated C-1 Mr Strode asked if the reason the C-1 -D designation is considered so cumbersome is because of the requirement for a public hearing and Plannmg Commission approval'? Mr McDonald stated that this was correct Mr Strode questioned which reason was considered the most onerous'? Mr McDonald informed him that the requirement for a public hearmg was considered the most onerous Mr Strode stated that this was the only part that he didn't like about the request He had no problem changmg the permitted uses to make them more consistent between C-1 and C-1-D, but felt that for some reason someone saw fit to specifically designate that area at Road 100 and Road 68 to be C-1-D Those two areas, around TRAC and the developments currently underway in the Road 100 vicinity, are very important and crucial to the longevity of Pasco's good economic climate He was very reluctant to relinquish the Planning Commission's review of developments in those areas and the opportunity for a public heanng The developments that are occurnng there have received the blessmg of the Planning Commission and the Council and he didn't feel that giving carte blanche to developers merely because they happen to have a use that fits in with the permitted uses is wise in this particular case He proposed that the C-1 -D zone be retamed and it be modified to mimic the C-1 requirements with the exception of the requirement for a public heanng and Planning Commission approval be retained Mr McDonald stated that in the past one of the reasons for the C-1 -D zone was to require additional landscapmg and other amenities that were not found in other zoning distncts Since the C- 1-D has been developed the City has implemented additional landscapmg requirements in the zoning code In fact, with the new landscapmg requirements in a C-1 the City gets a development that will look almost identical, if not better, to what can be seen at the K-Mart/Food Pavilion Plaza With the new landscapmg provision, developments on an artenal street requires a 10 foot landscaped buffer, trees within the parkmg lot, and a certam percent of the parking lot must be landscaped The chairman of the Planning Commission has felt that there hasn't been a need for the Planning Commission to review site plans If a developer comes to the City with a site plan and it meets all of the requirements it can be approved by staff In a C-1 -D zone a developer will present a site plan, it will have to go through a heanng, staff will wnte a report saying the site plan meets requirements, and then the -5- MINUTES REGULAR MEETING PASCO CITY COUNCIL APRIL 17, 1995 Planning Commission would then rubber stamp what staff has presented Mr Crutchfield asked Mr McDonald if the code were revised to reflect just the Planning Commission review at a public meeting would it avoid the formality of a public hearing'? Mr McDonald agreed that it would avoid the formality of a public heanng and it would speed up the process for those developers that are in a big rush Mr Kilbury felt that, after consideration, the fact that C-1 -D does not provide for hotels or motels, or service stations, that Council would be hamstrmgmg the development at the TRAC location He supported that ordinance as drafted Mr Strode wanted to clarify his proposal to accept the recommendation of staff, with the exception that the requirement for the existing C-1 -D zones, regarding Planning Commission approval, be retained Mr Lathim stated he was comfortable with Mr Strode's suggestion, but felt maybe Council should get more input Mr McDonald explained that the reason this issue was brought before the Council before going through the Planning Commission is that there are some sales pending on the golf course property north of the Red Lion At least two (2) of the properties involved are less than 2 acres Mr Strode stated he would not be opposed to removing that particular parcel from this discussion and placing it under the regular C-1 zone Mr McDonald explained that some of the problems expenenced with the C-1 -D regulations are the lot sizes, the uses, and the requirement for a public meeting Some developers prefer dealing with staff and require that things be kept confidential until they make their decision about doing a certain project If they are required to go through a public process there may be some that do not choose to come to our community Mr Kilbury pointed out that there are several difficulties with the C-1 -D The size of the property necessary, there is no provision for separating them, and he felt Council would be standing in the way of progress if they don't pass the ordinance Mr Crutchfield stated that the only urgency associated with the golf course property would be with respect to the minimum size requirement Council could enact the ordinance with respect to deleting or reducing the minimum lot area requirement to one (1) acre, and referrmg the balance of the issue back to the Planning Commission for review This would allow pending sales at the golf course to proceed MAYOR DEFELICE DECLARED THE PUBLIC HEARING OPEN TO CONSIDER ELIMINATING THE C-1-D DISTRICT REGULATIONS FROM THE ZONING TEXT Mr Gale Allen, of the Department of Natural Resources,stated the DNR has had a party interested in putting in a Quick Stop on the southeast quad of Road 68, however, the zoning has been a hurdle and the DNR has backed down from that simply because they do not have the time to pursue it He felt that unless there were some unique situations, having two (2) zone classifications with the same uses and activities, but requiring a public heanng for one and not the other, would be cumbersome -6- MINUTES REGULAR MEETING PASCO CITY COUNCIL APRIL 17, 1995 Mr Tom Kidwell, of 4320 Riverhaven, felt that the C-1 -D requirement for Planning Commission review is an unusual requirement Usually when land is zoned the zoning is so that developers can go ahead and develop it, but when a developer is from out of town they become very skeptical of this type of situation He would like to see the C- 1-D zone done away with and taken back to the C-1 Following three (3) calls from Mayor DeFelice for comments from the floor, either for or against, and there being none, the public heanng was declared close ORDINANCE NO. 3084 AN ORDINANCE RELATING TO ZONING AND AMENDING PMC TITLE 22 Mr Strode felt that in light of the fact that this request came to Council without the benefit of the Planning Commission review, and in light of the facts of the comments from the audience, this issue does need to have some consideration from the Planning Commission MOTION Mr Strode moved to adopt Ordinance No 3084, amending PMC Title 22, Chapter 22 52, by changing the two (2) acre minimum lot size to one (1) acre minimum lot size Mr Garrison seconded the motion Mr Gamson asked if the issue would go back to the Plannmg Commission with the one change to the lot size requirement? Mayor DeFelice felt that the ordinance, as adopted, would take it out of the hands of the Planning Commission Mr Crutchfield stated that the motion and ordinance would change the minimum lot size, would leave the balance of the ordinance as it exists in the code, and refer it to the Planning Commission for review and advice back to the Council Mr Strode stated that Mr Crutchfield's statement was what he intended with his motion Mr Rubstello explained Mr Strode's motion would change section 1 of the ordinance to read, "PMC Chapter 22 52 C-1-D (Designated Shopping Center Zone) is amended by the reduction of the two (2) acre minimum lot size to one (1) acre Section 2 would be deleted entirely and section 3 would become number 2 This would change only the minimum lot size in that zone and the rest of the code be sent to the Planning Commission for review and possible changes Mr Strode agreed with Mr Rubstello Mr Kilbury could not support that ordinance as amended because it would lead to confusion and delay the final elimination of the C-1 -D zone Motion carried by the following roll call vote Yes - Strode, DeFelice, Garrison, Lathim, No - Jensen, Kilbury, Hargrow ORDINANCES/RESOLUTIONS NOT RELATED TO PUBLIC HEARINGS RESOLUTION NO. 2182 A RESOLUTION ACCEPTING A TEN PERCENT ANNEXATION PETITION AND PROVIDING A DETERMINATION ON THE TERRITORY TO BE ANNEXED AND WHETHER -7- MINUTES REGULAR MEETING PASCO CITY COUNCIL APRIL 17, 1995 SIMULTANEOUS ZONING AND THE ASSUMPTION OF BONDED INDEBTEDNESS WILL BE REQUIRED MOTION Resolution No 2182, was read by title only Mr Garrison moved to approve Resolution No 2182, acceptmg the DNR Annexation petition and providing a determination on zonmg and indebtedness Mr Hargrow seconded the motion Motion earned unanimously UNFINISHED BUSINESS None NEW BUSINESS Proposed "Boatplex" - Sterling Realty Organization/City of Pasco Option Agreement MOTION Mr Jensen moved to approve the "Option to Purchase Real Property" Agreement with the Sterling Realty Organization Company and authorize the Mayor to sign the agreements Mr Strode seconded the motion Motion earned unanimously Gateways and Comdors Beautification Proiect Mr Smith explamed that m February, 1995, staff sent out requests for proposals for a consultant who would work with a citizen committee to develop a beautification plan for gateways leading into the City, and comdors within the City The Berger Partnership was finally selected as the consultant The municipal references given by The Berger Partnership were the Cities of Seattle, Edmonds, and Kirkland These cities gave very positive references MOTION Mr Jensen moved that the City Manager be authorized to execute a contract with The Berger Partnership to provide consultant services for the Gateways and Corridors Beautification Project in an amount not to exceed $9,990 00 and, further, to include the expense in the 1995 General Fund Supplemental Budget Mr Kilbury seconded the motion Mr Hargrow stated that over the past four (4) years he has heard a lot of concerns and rhetoric concerning Block Grant monies being spent in East Pasco, unfortunately, he hasn't seen anything happen He would like to see staff put a little bit of emphasis in that direction Mr Smith explained that the Block Grants appropriated for East Pasco beautification were being held until after the study was completed at the end of June, 1995 The Lewis Street Comdor would be the first section of the City that would be beautified The motion carried by unanimous roll call vote Pasco Fiery Food Festival Brochure MOTION Mr Strode moved to authonze the City Manager to reimburse the PDDA up to $7,000 for eligible promotional expenses involving a brochure for the Pasco Fiery Food Festival and, further, direct the expense be included in the 1995 Stadium Convention Center Fund Supplemental Budget Mr Jensen seconded the motion Mr Garrison felt that the Autumn Festival was started to celebrate the harvest season and the agncultural part of the community He felt that changing the name of the festival changes the emphasis of what the festival was meant to celebrate Motion earned by the following roll call vote Yes - Lathim, Hargrow, Jensen, Kilbury, Strode, DeFelice, No - Gamson -8- MINUTES REGULAR MEETING PASCO CITY COUNCIL APRIL 17, 1995 Recreation Event Promotions MOTION Mr Hargrow moved to authorize up to $2,000 of promotional expenses for recreational events in Pasco and direct the additional expenses be mcluded in the 1995 Stadium/Convention Center Fund Supplemental Budget Mr Garrison seconded the motion Motion earned by unanimous roll call vote Utility Engineer Position MOTION Mr Jensen moved to authorize the City Manager to create a new position of Utility Engineer within the Public Works Department and include associated expenses, not to exceed S40,000, in the 1995 Water and Sewer Fund Supplemental Budget Mr Kilbury seconded the motion Motion earned by unanimous roll call vote Sale of Sun Willows Commercial Property - Bob Tippett Development Proposal Mr Crutchfield explained that all details have been ironed out with the exception of the pnce and that needs to be reviewed with Council in an executive session before a final decision is made Mayor DeFelice recessed the regular meetmg to an executive session to discuss land acquisition at 8 49 p m Mayor DeFelice reconvened the regular meeting at 9 21 p m MOTION Mr Strode moved to approve the Real Estate Purchase and Sale Agreement with Tippett Land and Mortgage Company for 1 3 acres of Sun Willows commercial property, and that the purchase pnce be set at $1 75 per square foot, and the purchase pnce shall increment to $2 00 if the construction schedule is not completed as outlined in Section 26 of this agreement, and furthermore, that the last two sentences m Section 26 be stricken from the agreement, and authorize the City Manager to execute all documents to effect the agreement Mr Jensen seconded the motion Motion earned unanimously MISCELLANEOUS - INCLUDING SUGGESTIONS FROM COUNCIL None ADJOURNMENT No further business, the meeting was adjourned at 9 24 P M eFelice, Mayor Al 1EST Catherine D Seaman Deputy City Clerk PASSED and APPROVED this 1 day of May , 1995 9-