HomeMy WebLinkAbout1995.08.07 Council MinutesMINUTES
PASCO CITY COUNCIL
REGULAR MEETING AUGUST 7, 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 DeFehce,
Michael Garnson, Chns Jensen, Charles Kilbury, Dan Lathim, and Carl
Strode Councilmember(s) absent Edgar Hargrow Also present Gary
Crutchfield, City Manager, Greg Rubstello, City Attorney, Dan
Underwood, Finance Director, Bob Alberts, Public Works Director, Denis
Austin Police Chief, Richard Smith, Community & Economic Dev
Director, and Kurt Luhrs, Administrative Assistant
PLEDGE OF ALLEGIANCE
The meeting was opened with the Pledge of Allegiance
EXECUTIVE SESSION
Mayor DeFelice recessed the regular meeting at 7 34 p m to an executive
session to discuss potential litigation
The meeting was reconvened at 7 43 p m
CONSENT AGENDA
MOTION Mr Garrison moved to approve the Consent Agenda
Seconded by Mr Lathim Motion carried unanimously Consent items
are as follows
A) Approval of Minutes To approve minutes of Regular Meeting held
July 17, 1995
B) Bills and Communications To approve General Claims in the
amount of $1,433,837 72 ($26,660 69 being in the form of Wire
Transfer Nos 2304, 2306 and 2308, and $1,407,177 03 consisting of
Claim Warrants numbered 92704 through 93016
Payroll Claims To approve Payroll Claims in the amount of
$591,719 08, Payroll Voucher Nos 43319 through 43592, and
43618 through 43886
Bad Debt Wnte-offs To approve bad debt write-offs for utility
billing, ambulance, cemetery, and Municipal Court non-criminal
and criminal accounts receivable, in the total amount of $81,345 85
and, of that amount, authorize $77,868 84 be turned over for
collection
C) Corrected Dedication Deed To accept the Corrected Dedication
Deed from Metropolitan Mortgage and Securities Company for the
north business park road right-of-way at the Broadmoor Business
Park
D) Easement for Franklin County PUD Transformers at the new
Industrial Lift Station To authorize the Mayor to execute the right-
of-way easement for the Franklin County PUD
MINUTES
REGULAR MEETING PASCO CITY COUNCIL AUGUST 7, 1995
PROCLAMATION AND ACKNOWLEDGMENTS
"Yard of the Month" Awards: The following Pasco residents were
present at the Council Meeting to receive Certificates of Appreciation
from Mayor Joyce DeFelice for "Yard of the Month", July 1995
Noberto and Elia Parra, 432 North Beech (unable to attend)
Earl and Bertha Wattenburger, 104 South 20th
Mike and Amy Schleicher, 1531 West Clark (unable to attend)
Vicente and Maria Luz Castro, 1124 West Margaret Street
Clayton and Fannie O'Neil, 1914 North 9th Avenue
Gary and Nadine Bosch, 5020 Desert Plateau Dnve
Mr Strode introduced Ms Dana Benton as his fiancee and a new citizen
of Pasco
Mr Kilbury wanted to thank the City Manager and the Council for the
potted plant he received in memory of his deceased wife
VISITORS
None
REPORTS FROM COMMITTEES AND/OR OFFICERS
B F Regional Council Board Meeting, July 21, 1995 Mr Lathim
reported that the meeting was routine
Tn-Cities Visitor & Convention Bureau Board Meeting, July 27, 1995
Mr Lathim reported that due to the Council members receiving a Mid-
year Report a week ago there wasn't much discussion at the meeting
Parks & Recreation Advisory Council Meeting, August 3, 1995 Mayor
DeFelice was unable to attend the meeting, however, she did attend the
ground breaking ceremony for the new Tr -I-Cities Soccer Complex
PUBLIC HEARINGS
Street Vacation - The east 10 feet of 8th Avenue between Brown Street
and Mane Street (MF #95-39-V) Mr Richard Smith, Community &
Economic Dev Director, addressed Council and noted for the record that
notice of the public hearmg was published as required by law No utility
supplier has requested easements be retained
Mr Smith explained that Mr Fred Chavallo, the property owner of Lots
10 and 11, Block 8, Sylvester's 2nd Addition requested the vacation of
the east 10 feet of 8th Avenue abutting his property to aid in the
placement of a new Factory Assembled Structure in accordance with the
City's mfill requirements To avoid creating off-set nghts-of-way City
staff agreed to consider vacation of the east 10 feet of 8th Avenue
between Brown Street and Mane Street If approved, this vacation would
allow the placement of a new dwelling unit in this neighborhood which
will be aligned with existing structures This is 1 of 2 remaining vacant
lots in the Sylvester's 2nd Addition and the only one where excessive
right-of-way width requires placement of a new structure different than
existing structures
MAYOR DEFELICE DECLARED THE PUBLIC HEARING OPEN TO
CONSIDER THE PROPOSED VACATION OF THE EAST 10 FEET OF 8TH
AVENUE BETWEEN BROWN STREET AND MARIE STREET
Following three (3) calls from Mayor DeFelice for comments from the
floor, either for or against, and there bemg none, the public hearmg was
declared closed
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MINUTES
REGULAR MEETING PASCO CITY COUNCIL AUGUST 7, 1995
Ordinance No. 3098
AN ORDINANCE VACATING THE EAST 10 FEET OF NORTH
8TH AVENUE BETWEEN BROWN STREET AND MARIE
STREET
MOTION Ordinance No 3098 was read by title only Mr Gamson
moved to adopt Ordinance No 3098, vacatmg the east 10 feet of 8th
Avenue between Brown Street and Mane Street Mr Strode seconded the
motion Motion earned unanimously
Street Vacation - The east 10 feet and the west 10 feet of Charles Avenue
between Alvma Street and Adeha Street (MF #95-40-V) Mr Larry
Peterson, Associate Planner, addressed Council and noted for the record
that notice of the public heanng was published as required by law The
Engmeenng Department and the Franklm County P U D have responded
and determined that the right-of-way is unnecessary No other utility
supplier has responded, which typically, indicates a lack of interest
MAYOR DEFELICE DECLARED THE PUBLIC HEARING OPEN TO
CONSIDER THE PROPOSED VACATION OF THE EAST TEN FEET AND
THE WEST TEN FEET OF CHARLES AVENUE BETWEEN ALVINA
STREET AND ADELIA STREET
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. 3099
AN ORDINANCE VACATING THE EAST 10 FEET AND THE
WEST 10 FEET OF CHARLES AVENUE BETWEEN ALVINA
STREET AND ADELIA STREET
MOTION Mr Garrison moved to adopt Ordinance No 3099, vacating the
east 10 feet and the west 10 feet of Charles Avenue between Alvina Street
and Adeha Street Mr Strode seconded the motion Motion earned
unanimously
Comprehensive Plan Mr Smith, addressed Council and noted for the
record that notice of the public heanng was published as required by law
Mr Smith explamed that staff, with the assistance of a Growth
Management Committee and the Planning Commission, has completed
the fmal draft of the Comprehensive Plan
The Plan consists of two volumes, Volume I contains goals and policies
related to land use, housing, transportation and other issues affecting
the physical development of the City Volume II contamed information
and data that support the policy statements of Volume I The Growth
Management Act requires that the City's plan contam five elements
dealing with land use, housing, capital facilities, utilities and
transportation In addition, the plan will address resource and critical
lands and provide information on the Urban Growth Area
The proposed plan has been through the sixty day review process by the
State and has been reviewed by the County Plannmg Commission In
addition, the City Planning Commission has conducted public hearings
on the plan and has recommended that the plan be accepted by the City
Council
The State has set August 21, 1995, as the final date for completion of the
plan If the plan is not adopted on the 21st, the City will not be eligible
for additional State fundmg for the Sewage Treatment Plant
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MINUTES
REGULAR MEETING PASCO CITY COUNCIL
AUGUST 7, 1995
Mr Peterson explained that the proposed Comprehensive Plan resulted
from public in-put at hearings, from the Planning Commission, the
Growth Management Committee, the East Pasco Better Development
Plan, the 182 Comdor Plan, and existing Comprehensive Plans
Mr Peterson then gave a bnef over-view of the suggested land uses for
different areas of the City
MAYOR DEFELICE DECLARED THE PUBLIC HEARING OPEN TO
CONSIDER THE COMPREHENSIVE PLAN AS REQUIRED BY THE
GROWTH MANAGEMENT ACT
Mr David Wilson, of 10723 West Court Street, asked Council for a
definition of the mixed residential/commercial designation proposed for
Road 68 and Court Street?
Mr Peterson explained that the mixed designation covers land uses
rangmg from single-family residential all the way through the high-
density residential It was felt that a mixed residential/comercial
designation would allow for flexibility
Mr Wilson was generally in favor of the proposed land uses except for
the Road 100 area south of the interchange He and his father have
property in that area and would like to see it designated mixed
residential/commercial Their property is currently in the County and is
zoned commercial He requested that the Council consider making a mix
in that area that would give property owners an opportunity to develop
their land if the market will allow it
Mr Smith explained that the area south of Road 100 was looked at by
staff and the Committee and it was felt that commercial land uses would
not be compatible with the residential development that surrounds the
Wilson property, therefore, it was decided to designate the area as
residential so it would develop in a similar manner to neighboring areas
Mr Wayne Wilson, of 3291 Dent Road, explained that after years of
bemg considered commercial property the City is putting his property in
jeopardy of being devalued by considermg a residential zoning
designation He stated that he was told by the Planning Chairman that
the commercial designation would not be in jeopardy, but after voting it
was explained that if the property were to be annexed into the City it
would be considered residential He was requesting that the Council
change the proposed Comprehensive Plan and designate the area where
his property is located as commercial
Following three (3) calls from Mayor DeFelice for comments from the
floor, either for or against, the public hearing was declared closed
Mr Kilbury felt the proposed plan was wrong He felt staff should
change the proposed plan and designate the area as commercial If
necessary, at a later date, rezone it
MOTION Mr Kilbuiy moved to have the area in question zoned
commercial Mr Jensen seconded the motion
Mr Strode agreed with Mr Kilbury, particularly, in the vein of changing
zoning or changing the designation in the Comprehensive Plan A
specific requirement for coordinated and continued growth is a guarantee
of direction and stability If, indeed, the City's original plans indicated
that the interchange areas were going to be areas of development it
would be somewhat surprising to see a commercial area changed to
residential He did not feel that the extent of residential development in
that area greatly overshadows the existing and on-going commercial
development
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MINUTES
REGULAR MEETING
PASCO CITY COUNCIL AUGUST 7, 1995
Mr Strode requested that staff compile a report, including meeting
mmutes from the Plannmg Commission over the past few months, that
discussed zoning designations for the property in this area
Mr Jensen felt that changing the zoning on Mr Wilson's property, when
he has made plans based on a commercial designation, would not be fair
He felt the area should remain commercial, but at the very least, it
should be given the option of mixed residential/commercial He also felt
it might be better to table Mr Kilbury's motion until defined boundanes
could be developed for this area
MOTION Mr Kilbury moved to table the motion until the August 21,
1995, regular meeting, with the proviso that staff prepare the
Montgomery and Wilson property for the Council's edification Mr
Strode seconded the motion Motion earned unanimous
Mr Lathim felt it is important to honor the citizen land-owners in that
area
Mr Gamson wanted to see more matenal on this issue before making a
decision
ORDINANCES/RESOLUTIONS NOT RELATED TO PUBLIC HEARINGS
RESOLUTION NO. 2197
A RESOLUTION AUTHORIZING THE SALE OF SURPLUS
CITY PROPERTY
MOTION Mr Gamson moved to approve Resolution No 2197,
authorizing the sale of surplus real property Mr Lathim seconded the
motion
Mr Crutchfield pointed out that the resolution authorizes staff to
execute the sale of approximately 7 or 8 parcels of land, but it does not
include what was referred to as the "Cejka Proposal" as discussed several
weeks ago In view of the discussion at the workshop, as well as the fact
that the present zoning of the property is substantially different from
that on the west side of Cedar Avenue It's in the vicinity of the
proposed new middle school and in proximity to the new interchange
He suggested that perhaps the zoning on the land be reconsidered by the
Planning Commission and a recommendation forwarded to the Council,
determme if the zoning of the property shouldn't be changed before it is
placed on the market again With that advice, staff recommends that
once Council take action to approve the resolution authorizing the sale
of the other parcels, and that another motion be entertained which
would refer the property on the east side of Cedar Avenue to the Planning
Commission for a study of the appropriate zoning
Mr Chris Cejka, addressed Council to ask if the initial proposal was
approved by staff?
Mr Crutchfield explamed that staff asked for proposals, these were
brought before the Council with a recommendation, it was discussed at a
workshop meeting As a result of that discussion, some potential
conflicts were identified Staff is recommending that those issues be
referred to the Planning Commission for a study of the zoning
Mr Cejka asked if staff was aware that Mr Dinkins owns property in
that area and is in the process of putting in some rentals
Mr Crutchfield stated he was not aware of rentals being placed in that
area, but these factors would be taken into consideration by the
Planning Commission
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MINUTES
REGULAR MEETING PASCO CITY COUNCIL
AUGUST 7, 1995
Mr Cejka asked Mr Crutchfield if he considered someone earnmg an
income of approximately $1,500 to $2,000 a month as low income'?
Mr Crutchfield stated that he would rather not respond to that question
as it was irrelevant
Mr Marvin Nelson, Jr, explained to Council that in approximately 1970
his parents, in a partnership, owned the land the Sundance Mobile
Home Park is built upon During development there were no homes in
east Pasco in the Highland Park area, it was all sagebrush and part of
the County It was developed for Residential Mobile Home (RMH)
housing His parents and their partners sold the block of land that is
presently Sundance Mobile Home Park at a time that it was outside the
City limits There was no housing or commercial development close
Smce that time this area has been developed substantially and it has
been one of the more progressive developments The City has been very
helpful and workmg strongly in that area to develop it into a nice
residential family area Housing in this area, although there is some
rentals, is not low income The land development, smce the time that
the mobile home park has been there, has substantially changed The
high density of the mobile home park area, when it is full, does put a
load of traffic on the streets He wanted to thank staff and the Council
for their help over the years in developing this area into what it is now
Motion earned (Jensen - abstain)
MOTION Mr Kilbury moved that the property east of Cedar Avenue and
north of East Lewis Street be sent to the Planning Commission for review
for proper zonmg Mr Jensen seconded the motion Motion carried
unanimously
ORDINANCE NO. 3100
AN ORDINANCE CONCERNING FIREARMS, AND
AMENDING SECTIONS 9 24 010 AND 9 24 020 OF THE
PASCO MUNICIPAL CODE, AND REPEALING SECTION
9 24 060 OF THE PASCO MUNICIPAL CODE
MOTION Ordinance No 3100, was read by title only Mr Jensen moved
to adopt Ordinance No 3100, an ordmance repealmg certam sections of
the Pasco Municipal Code concerning firearms that are in conflict with
state statute Mr Strode seconded the motion Motion carried
unanimously
ORDINANCE NO. 3101
AN ORDINANCE CONCERNING UNLAWFUL ASSEMBLY IN
THE CITY OF PASCO, AND REPEALING SECTION 9 46 020
OF THE PASCO MUNICIPAL CODE
MOTION Mr Garrison moved to adopt Ordinance No 3101, an
ordmance concerning the cnme of Unlawful Assembly - Failure to
Disperse and repealmg Section 9 46 020 of the Pasco Municipal Code
Mr Lathim seconded the motion
Mr Crutchfield pointed out that Council is not suggestmg that a
restriction be adopted regardmg the nght of assembly This is an
ordinance that repeals a duplicative section of the Pasco Municipal Code
Motion earned unanimously
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MINUTES
REGULAR MEETING PASCO CITY COUNCIL AUGUST 7, 1995
ORDINANCE NO. 3102
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 FIERY FOOD FESTIVAL
ON SEPTEMBER 9 AND 10, 1995
MOTION Ordinance No 3102, was read by title only Mr Jensen moved
to adopt Ordinance No 3102, conditionally permitting the conduct of a
beer/wine garden m conjunction with the Pasco Fiery Food Festival Mr
Lathim seconded the motion Motion carried (Garrison - No)
UNFINISHED BUSINESS
None
NEW BUSINESS
TRAC Enhancements Mr Crutchfield explained that the TRAC facility
is nearing completion and the construction budget, unfortunately, was
not sufficient to complete construction of the facility and provide all the
equipment and furnishings necessary to operate it The list provided to
Council is a list of equipment and furnishings considered necessary to
operate the facility and generate the kind of income that it should
generate Staff has tnmmed the list as far back as possible and still be
able to operate the facility
The financing of the additional expenditures staff suggested to the
County Commissioners that they use their bondmg capacity or some
other lease/purchase contracting mechanism by which to commit to the
debt necessary to purchase the equipment and furnishmgs To place
those assets in a TRAC Equipment Fund and turn around and rent those
pieces of equipment to the TRAC Operating Fund Doing this will avoid
the passing of any debt obligation to the City The City is automatically
obligated to cover 50% of the net operating costs for the facility, and
because these equipment expenses would be reflected in the operatmg
fund as an operating expense, the City is automatically committing to
it's share
Mr Strode stated that the requested list of equipment and furnishmgs
are not enhancements, they are bare essentials for the operation of the
facility He fully supported the action and encouraged the Council to
vote affirmatively
MOTION Mr Garrison moved to concur in the need for the TRAC
enhancements recommended by Franklin County and acknowledge the
mcreased operating costs which will result from their acquisition Mr
Strode seconded the motion
Mr Crutchfield felt compelled to remmd Council that most of the
increased costs associated with this commitment will, in the short run,
impact the General Fund
Motion earned unanimously
Municipal Court Offices Award of Contract
MOTION Mr Jensen moved to award the renovation contract for the
Municipal Court Clerks offices to the low bidder, Target Construction, in
the amount of $58,755, and authorize the City Manager to sign the
contract Mr Garrison seconded the motion Motion earned by
unanimous roll call vote
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I
I
MINUTES
REGULAR MEETING
PASCO CITY COUNCIL AUGUST 7, 1995
Staffing for Sewer Utility and Approval of Treatment Plant Operator
Position
MOTION Mr Jensen moved to authorize the City Manager to add an
Operator position within the Public Works Department and include the
associated expenses, not to exceed $18,000, in the 1995 Water and Sewer
Fund Supplemental Budget Mr Garrison seconded the motion Motion
earned by unanimous roll call vote
MISCELLANEOUS - INCLUDING SUGGESTIONS FROM COUNCIL
None
ADJOURNMENT
No further business, the meeting was adjourned at 8 49 P M
JoyJ 1Felice, Mayor
AFFEST
(7;19-‘2,TA---D- vP9 cyzai-zrws—v----
Catherine D Seaman
Deputy City Clerk
PASSED and APPROVED this 21 day of Atg-i_ist , 1995
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