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HomeMy WebLinkAbout1995.06.05 Council MinutesMINUTES PASCO CITY COUNCIL REGULAR MEETING JUNE 5, 1995 CALL TO ORDER The meeting was called to order at 7 30 P M by Charles Kilbury, Mayor Pro-tern ROLL CALL By Deputy City Clerk Councilmembers present Michael Garrison, Edgar Hargrow, Chns Jensen, Charles Kilbury, Dan Lathim, and Carl Strode Councilmember(s) absent Joyce DeFehce Also present Gary Crutchfield, City Manager, Greg Rubstello, City Attorney, Dan Underwood, Finance Director, Bob Alberts, Public Works Director, Greg Garcia, Fire Chief, Dick Enckson, Park & Rec Director, Dave McDonald, City Planner, and Kurt Luhrs, Administrative Assistant PLEDGE OF ALLEGIANCE The meeting was opened with the Pledge of Allegiance CONSENT AGENDA MOTION Mr Garnson moved to approve the Consent Agenda Seconded by Mr Lathim Motion earned unanimously Consent items are as follows A) Approval of Minutes To approve minutes of Regular Meeting held May 15, 1995 B) Bills and Communications 1 To approve General Claims in the amount of $1,938,584 36 ($39,346 61 bemg in the form of Wire Transfer Nos 2989 through 2991, and $1,899,237 75 consistmg of Claim Warrants numbered 91755 through 91996 To approve Payroll Claims in the amount of $568,370 02, Payroll Voucher Nos 42313 through 42527, and 42554 through 42770 To approve bad debt wnte-offs for utility billing, ambulance, and Municipal Court non-cnmmal and cnmmal accounts receivable, in the total amount of $83,013 24 and, of that amount, authonze $80,342 68 be turned over for collection C) Partial Vacation of Easement Document To authonze the City Manager to execute a partial vacation of the easement, over and under the above descnbed lands by Noah and Viola Blasdel, for the purpose of providing an easement for the P U D No 1 of Franklin County D) Easement for P U D No 1 of Franklin County at IWWTP Facility To authonze the Mayor to grant the P U D an easement for electrical lines to feed the Industrial Wastewater Treatment Facilities E) Resolution No 2188 To approve Resolution No 2188 opposmg the sale of Federal Power and Marketing Administrations (PMA's) F) Approval of Public Works Trust Fund Loan Agreements To authonze the Mayor to execute Public Works Trust Fund Loan Agreements Nos PW-5-95-791-025 and PW-5-95-791-026 G) Resolution No 2189 To approve Resolution No 2189, accepting the work performed by Ray Poland and Sons, Inc for the stadium grading Project No 94-5-01 1- MINUTES REGULAR MEETING PASCO CITY COUNCIL JUNE 5, 1995 H) Sun Willows Apartments - City of Pasco/McClaskey Group Agreement To declare the real estate purchase and sale agreement between the City of Pasco and the McClaskey Group concerning approximately six undeveloped acres adjacent to the Sun Willows Golf Course, to be expired by failure of the McClaskey Group to comply with the time line requirements set forth therein and to be without further legal force or effect I) Special Permit Extension/Expansion of Sand/Gravel Activities (Adiacent to the Central Pre-Mix Site) (MF #95-27-SP) To approve the special permit for the extension/expansion of sand/gravel activities, as recommended by the Planning Commission J) Resolution No 2190 To approve Resolution No 2190, fixing 730 p m, July 17, 1995, as the time and date for a public hearmg to consider the proposed vacation K) Resolution No 2191 To approve Resolution No 2191, accepting the work completed to date by Cargile Construction, Inc to make additions and alterations to the Pasco Senior Citizens Center 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 Pro-tern Kilbury for "Yard of the Month", May, 1995 Bnan and Shawn Campbell, 439 N Waldemar Street Lloyd Allbnght, 1228 South 13th Lane (unable to attend) Joseph Hall, 1819 West Park Street C Clare Cranston, 907 West Nixon Terry and Victona Moss, 1915 West Opal Steve and Carla Denison, 4310 Desert Place (unable to attend) VISITORS Mr Widdows, of 420 North 2nd Avenue, addressed Council concerning the area he lives in and explained that it didn't appear that anything had been done about his complaints concerning chickens in a residential area He also expressed his concern about police officers doing their job correctly He stated that he witnessed a police car traveling through a school zone exceedmg the posted speed limit, while another vehicle passed the police car, but didn't get stopped for speeding Mr Crutchfield invited Mr Widdows to meet with him the following day to discuss his concerns and possible resolutions He informed Mr Widdows that code enforcement officers were workmg that neighborhood and determined that staff that the chicken coops were gone, however, the Code Enforcement Officers would be informed that chickens are still in the neighborhood REPORTS FROM COMMITTEES AND/OR OFFICERS Benton Franklin Regional Council Board Meeting, May 19, 1995 Mr Lathan reported that the meeting was routine in nature Tn-Cities Visitor & Convention Bureau Board Meeting, May 25, 1995 Mr Lathan reported that the main topic of discussion was the Rivershore Symposium and rest of the meeting was routine B F Health Board Meeting, May 25, 1995 Mr Strode was unable to attend the meeting -2- MINUTES REGULAR MEETING PASCO CITY COUNCIL JUNE 5, 1995 PUBLIC HEARINGS None ORDINANCES/RESOLUTIONS NOT RELATED TO PUBLIC HEARINGS ORDINANCE NO. 3086 AN ORDINANCE NAMING A STREET THAT HERETOFORE WAS UNNAMED MOTION Ordinance No 3086, was read by title only Mr Gamson moved to adopt Ordinance No 3086, naming an unnamed street within the Sun Willows commercial area extending from Sun Willows Boulevard to 20th Avenue as "St Andrews Loop" Mr Lathim seconded the motion Motion earned unanimously ORDINANCE NO. 3087 AN ORDINANCE RELATING TO THE REGULATION AND CONTROL OF VEHICULAR ACCESS AND CONNECTION POINTS OF INGRESS TO AND EGRESS FROM THE STATE HIGHWAY SYSTEM WITHIN INCORPORATED AREAS OF THE CITY OF PASCO MOTION Ordinance No 3087, was read by title only Mr Hargrow moved to adopt Ordinance No 3087, for the Access Management Plan for SR-397 Mr Garrison seconded the motion Motion earned unanimously ORDINANCE NO. 3088 AN ORDINANCE RELATING TO ZONING AND CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY WITHIN THE CITY OF PASCO FROM C-2 (CENTRAL BUSINESS DISTRICT) TO C-3 (GENERAL BUSINESS) MOTION Ordinance No 3088, was read by title only Mr Hargrow moved to adopt Ordinance No 3088, granting a rezone from C-2 to C-3 with conditions, as recommended by the Planning Commission Mr Jensen seconded the motion Motion earned unanimously ORDINANCE NO. 3089 AN ORDINANCE RELATING TO ZONING AND CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY WITHIN THE CITY OF PASCO FROM C-1 (RETAIL BUSINESS) TO R-2 (MEDIUM DENSITY RESIDENTIAL) MOTION Ordinance No 3089, was read by title only Mr Gamson moved to adopt Ordinance No 3089, granting a rezone from C-1 to R-2, as recommended by the Planning Commission Mr Lathim seconded the motion Motion earned unanimously ORDINANCE NO. 3090 AN ORDINANCE RELATING TO ZONING AND AMENDING PMC TITLE 22 MOTION Ordinance No 3090, was read by title only Mr Gamson moved to adopt Ordinance No 3090, amending PMC Title 22 allowing Research and Development activities in the C-2 (Central Business District) Mr Strode seconded the motion Motion earned unanimously -3- MINUTES REGULAR MEETING PASCO CITY COUNCIL JUNE 5, 1995 UNFINISHED BUSINESS None NEW BUSINESS Amendment No 3 to HDR Engmeenng Professional Services Agreement for the Wastewater Treatment Plant MOTION Mr Jensen moved to authorize the Mayor to execute Amendment No 3 to the HDR Engineering, Inc professional services agreement Mr Hargrow seconded the motion Motion earned unanimously Approval of Engineering Services Agreement with URS Consultants, Inc for the West Pasco Water System Improvement Mr Alberts explained that staff interviewed five (5) consultant companies and, based upon the interviews and the commitments of the different companies, selected URS Consultants, Inc for the water systems improvement upgrades MOTION Mr Jensen moved to authorize the Mayor to execute the agreement with URS Consultants, Inc for the West Pasco Water Improvements, Phase I Mr Gamson seconded the motion Motion earned unanimously RMH-1 District Dwelling Size Requirements (MF #95-38-I) Mr McDonald explained that the Building Department received a request for a placement permit for a mobile home to be located in the 400 block of the Keltch Addition Upon learning that the mobile home was approximately 500 square feet staff informed the applicant that a permit could not be issued because that zoning distnct (RMH-1) has a minimum dwelling unit size of 1,000 square feet The RMH-1 district was originally established to create areas m which the owners of mobile homes/manufactured homes could purchase lots and own the land that the mobile home was placed on rather than renting spaces in a mobile home park The RMH-1 district ongmally had a 720 square foot dwelling size requirement In 1994 the code was amended to permit stick built homes in the RMH-1 district, but at the same time the square footage requirements were increased to 1,000 square feet While there are two units in this subdivision that are less than the 720 square feet ongmally required, the trend has been for larger units to be located in this subdivision The average dwelling units size is 1,114 square feet Mr Hammerburg's mobile home is also less than one-tenth of the value of the average mobile home in the neighborhood Mr McDonald explained that Council may want to consider the following options 1) Eliminate the 1,000 square foot dwelling unit requirement Eliminating this requirement would impact new RMH-1 areas such as the Highland Park Homes Addition and is not recommended 2) Rezone the property to RMH-2 This does not appear to be appropriate because the RMH-2 district applies to rental mobile home parks The Keltch Addition does not meet all the requirements applicable to mobile home parks such as buffering and screening requirements, recreational facilities, management, and street ownership 3) Consider developing a new zoning district that would permit dwelling units of 500 square feet on individually owned lots Such -4- MINUTES REGULAR MEETING PASCO CITY COUNCIL JUNE 5, 1995 an action would require a public hearing to amend the zoning code creating perhaps an RMH-1-A district that would be identical to the RMH-1 district except for dwelling unit size The new district would have a 500 square foot minimum dwelling unit size Following the creation of a new district a hearing would have to be held to rezone the Keltch Addition This rezone would come under the scrutiny of property owners in the Keltch Addition, who have homes that average 1,114 square feet in size 4) Determme that existing regulations are appropnate to maintain the value and well being of RMH-1 neighborhoods and affirm the decision of staff to deny a permit for a 500 square foot manufactured home Mr Strode asked Mr McDonald to review the rationale that was presented to Council to increase the minimum size for units in the RMH-1 district Mr McDonald explained that the increase m the minimum size was proposed by a developer who desired to place stick-built homes within the RMH-1 district, which only allowed manufactured homes Homes owners in the area expressed concern that these homes would devalue their manufactured homes and asked for the mcrease in square footage as protection against this Mr Duston Hammerberg stated that he understood the necessity to try and protect the character and value of a neighborhood When he purchased the property it was not anticipated that the placement of a small mobile would be a problem, because he went through the area before making his purchase and noticed older and smaller mobile homes (smaller than 1,000 square feet) in the neighborhood He felt that there should be a place where someone who is starting out in life can build up some equity It was his intention to place this mobile home on the lot for his daughter and after two (2) years he would buy a double-wide mobile home for the lot He asked Council for a variance to place the mobile home on the lot temporanly Mr Strode stated that since the intent of the zoning regulations was to protect the existing investment, and potential future investment, of property owners in the area, and unless the Planning Commission reviewed the request and presented compelling reasons why the request should not be denied, he could not support the action Mr Hargrow preferred that the item be sent to the Planning Commission for a review and report Mr Rubstello explained that there are no specific provisions in the PMC for a waiver to be granted by Council to a zoning regulation Several years ago the Council adopted a hearing examiner system for citizens who felt entitled to a variance to a zoning code requirement The creation of a new zone would also require that a hearing process be followed prior to any change in the code Mr Jensen concurred with Mr Strode's statements Mayor Pro-tem Kilbury explained to Mr Hammerberg that in the absence of some indication from Council of a change no action can be taken and the mobile home cannot be placed on the lot in question Approval of Public Safety Building Lease Amendment Mr Rubstello gave a presentation to Council concerning the finalization of the Public Safety Lease Amendment and explained that the proposed agreement provides for additional courtroom availability needed by the Municipal Court -5- MINUTES REGULAR MEETING PASCO CITY COUNCIL JUNE 5, 1995 - without an expenditure for capitol expansion by the City and provides for sufficient space for the clerical operations of the Municipal Court The City's share of the maintenance and operations expenditures at the Public Safety Building will be reduced due to the vacation of space no longer needed by the City at the facility The City is provided a credit on the maintenance and operations costs in consideration of the vacation of space that had been occupied by the City in recent years The City and County have been in dispute over occupancy rights of the City to space at the Public Safety Building for the past several years Litigation was filed in Walla Walla Superior Court and an appeal is currently pending in the Washington State Court of Appeals, Division III A mediation effort between the City and the County resulted in a settlement agreement that was contingent upon several events Franklin County has ascertained its ability to proceed with plans for remodeling the third floor of the Public Safety Building with a new Supenor Court courtroom and offices for its Prosecuting Attorney staff The Judges of the respective courts have come to an agreement for the sharing of court time in the two District courtrooms and the small Superior Court courtroom on the third floor of the courthouse The proposed Lease Amendment incorporates the terms of the medication settlement, as well as the courtroom sharing schedule agreed upon to between the Judges Staff recommends that Council approve the proposed agreement It is expected that the Franklin County Board of Commissioners will approve the same at their meeting on Wednesday, June 7th MOTION Mr Garrison moved to approve the amendment of the Public Safety Building Lease Agreement providing for the settlement of disputed issues with Franklin County and, further, authonze the City Attorney to take the necessary steps to voluntarily dismiss the pending civil action m the Washington State Court of Appeals, Division III, upon approval of the Lease Amendment by the Franklin County Board of Commissioners Mr Jensen seconded the motion Motion earned by unanimous roll call vote Additional Deputy Court Clerk MOTION Mr Jensen moved to authorize the City Manager to employ an additional Deputy Court Clerk and include the additional expense in the 1995 General Fund Supplemental Budget Mr Strode seconded the motion Motion earned by unanimous roll call vote MISCELLANEOUS - INCLUDING SUGGESTIONS FROM COUNCIL July 3rd Regular Council Meeting It was the concurrence of Council to reschedule the regular meeting of July 3, 1995, as a special meetmg to be held on July 10, 1995 4th of July Fireworks It was the concurrence of Council to hold the 4th of July fireworks show in the Edgar Brown Memorial Stadium, as has been done in the past, rather than in the new Baseball Stadium as proposed by the committee New Police Chief Mr Crutchfield informed Council that Denis Austin, of Carson City, Nevada, has been selected to replace retiring Police Chief Don Francis He will arrive here to work on June 19, 1995 Mr Crutchfield explained the Mr Austin has 22 years of experience with the Carson City Sheriffs Department, which is a consolidated city/county government It is expected that this will generate some benefits in terms of bnngmg to the City organization a perspective that would reflect both organizational responsibilities -6- N urther business, the meetmg was adjourned at 8 40 P M Charles D Kilbury, ayor Pro-te / MINUTES REGULAR MEETING PASCO CITY COUNCIL JUNE 5, 1995 Executive Session Mayor Pro-tern Kilbury recessed to an executive session at 8 26 p m to discuss a personnel matter and possible litigation ADJOURNMENT ATTEST , Cathenne D Seaman Deputy City Clerk PASSED and APPROVED this 19 day of June , 1995 -7-