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
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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
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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
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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
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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
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MINUTES
REGULAR MEETING PASCO CITY COUNCIL JUNE 5, 1995
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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
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N urther business, the meetmg was adjourned at 8 40 P M
Charles D Kilbury, ayor Pro-te
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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
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