Loading...
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 -2- 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 -3- 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 -4- 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 -5- 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 -6- 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 -7- 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 I -8-