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HomeMy WebLinkAbout1996.11.18 Council MinutesMINUTES PASCO CITY COUNCIL REGULAR MEETING NOVEMBER 18, 1996 EXECUTIVE SESSION Mayor Kilbury recessed the regular meeting at 7 30 p m to an executive session to discuss potential litigation CALL TO ORDER The meeting was called to order by Charles D Kilbury, Mayor ROLL CALL By Deputy City Clerk Councilmembers present Michael Garrison, Joe Jackson, Chris Jensen, Charles Kilbury, Dan Lathim, Rebecca Francik, and Carl Strode Also present Gary Crutchfield, City Manager, Leland B Kerr, City Attorney, Dan Underwood, Finance Director, Bob Alberts, Public Works Director, Denis Austin, Police Chief, Dave McDonald, City Planner, Richard Smith, Community 86 Economic Dev Director PLEDGE OF ALLEGIANCE The meeting was opened with the Pledge of Allegiance CONSENT AGENDA MOTION Mr Garrison moved to approve the amended Consent Agenda (correcting Resolution No(s) 2217, 2218 and 2219 to 2277, 2278 and 2279) Seconded by Mr Lathim Motion carried unanimously Consent items are as follows A) Approval of Minutes To approve minutes of Regular Meeting held November 4, 1996 B) Bills and Communications To approve General Claims in the amount of $1,107,969 35 ($31,396 26 being in the form of Wire Transfer Nos 3118 and 3119, and $1,076,573 09 consisting of Claim Warrants numbered 99347 through 99533) C) Resolution No 2277 To approve Resolution No 2277, fixing 7 30 p m, December 16, 1996, as the time and date for a public hearing to consider the proposed vacation of the north/south alley in Block 15, Gantenbein's Addition D) Resolution No 2278 To approve Resolution No 2278, authorizing the sale of surplus City real property E) Resolution No 2279 To approve Resolution No 2279, accepting a petition to initiate annexation of properties in the vicinity of Road 68 and Argent Road and, further, providing a determination on zoning and indebtedness F) Transfer of LID Assessment for Metropolitan Mortgage To authorize the Mayor to execute an agreement with Tr-Cities Prep and Broadmoor Park, Inc , transferring the LID assessment from the property being acquired by Tn-Cities Prep to property owned by Broadmoor Park, Inc PROCLAMATIONS AND ACKNOWLEDGMENTS None VISITORS None MINUTES REGULAR MEETING PASCO CITY COUNCIL NOVEMBER 18, 1996 REPORTS FROM COMMITTEES AND/OR OFFICERS None PUBLIC HEARINGS Rezone (Appeal) - Rezone from RS-12 (Residential Suburban) to C-3 (General Business) with Development Conditions (MF #96-79-Z) MAYOR KILBURY DECLARED THE HEARING OPEN TO CONDUCT A CLOSED RECORD HEARING TO CONSIDER THE CONCINNITY, INC APPEAL Mr David McDonald, City Planner, addressed Council and noted for the record that notice of the closed record public hearing was published as required by law Mr McDonald explained that following a public hearing the Planning Commission recommended that it would be appropriate to change the zoning classification to C-3 for the property involved provided it was conditioned by a concomitant agreement The applicant, Len Burton representing Concinnity Inc , filed a written appeal of the Planning Commission's recommendation that access be prohibited from the site onto Road 34 The Planning Commission's recommendation was developed after considering the land uses allowed outright in the C-3 zone, relevant policies of the Comprehensive Plan, the development conditions established by Franklin County in 1994 and input received at the public hearing Mayor Kilbury closed the hearing I ORDINANCE NO. 3186 AN ORDINANCE RELATING TO ZONING AND CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY WITHIN THE CITY OF PASCO FROM RS-12 (RESIDENTIAL SUBURBAN) TO C-3 (GENERAL BUSINESS) WITH A CONCOMITANT AGREEMENT MOTION Ordinance No 3186, was read by title only Mr Strode moved to adopt Ordinance No 3186, rezoning the property in question to C-3 with a Concomitant Agreement restricting certain land uses (with no access restriction to Road 34) Mr Jensen seconded the motion Motion carried unanimously Law Enforcement Block Grant Program Mr Denis Austin, Police Chief, addressed Council and noted for the record that notice of the public hearing was published as required by law Mr Austin explained that in July the Police Department applied for, and later received, a Law Enforcement Block Grant to purchase equipment for the Mobile Data Computers These computers will be issued to Police Officers and provide them a link to Bi-Pin, the Department of Licensing Database and eventually to the computer aided Dispatch System MAYOR KILBURY DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE LAW ENFORCEMENT BLOCK GRANT PROGRAM Following three (3) calls from Mayor Kilbury for comments from the floor, either for or against, and there being none, the public hearing was declared closed -2- , ' '4,y MINUTES REGULAR MEETING PASCO CITY COUNCIL NOVEMBER 18, 1996 MOTION Mr Jackson moved fo approve the '1996 Law Enforcement Block Grant use of funds to purchase computer hardware for the Mobile Data Computer Network Mr Jensen seconded the motion Motion carried unanimously Revenue Sources for the 1997 General Fund Budget and setting the 1997 Property Tax Levy Mr Dan Underwood, Finance Director, addressed Council and noted for the record that notice of the public hearing was published as required by law Mr Underwood explained the Franklin County Assessor, as of this date, has been unable to determine what the City will have as an estimated assessed value for 1997 A conservative assessed value of $680,866,350 has been used for 1997 taxes This number is based on last year's assessed value of $597,464,176 with additions of $59,280,700 for annexations and $22,195,200 new construction, both of these values were supplied by the Assessor Re-valuations were done in the City for all properties located west of 20th Avenue, so the actual assessed value will be increased by the increase of valuations for those properties Staff is recommending a 1997 general property tax levy of $1,950,000 Using the conservative assessed value amount of $680,866,350 the levy rate for 1997 would be $2 8640, once the actual assessed value is known the rate will be lower The 1997 debt service requirement for the 1993 Unlimited General Obligation Bond is $391,423 and staff recommends that the 1993 rate be set at $391,423 for 1997 Given that no estimated assessed value is available for the calculation of the estimated levy rate, staff can only say that the rate will be less than last years $0 6716 MAYOR KILBURY DECLARED THE PUBLIC HEARING OPEN TO CONSIDER REVENUE SOURCES FOR THE 1997 GENERAL FUND BUDGET AND SETTING THE 1997 PROPERTY TAX LEVY Following three (3) calls from Mayor Kilbury for comments from the floor, either for or against, and there being none, the public hearing was declared closed ORDINANCE NO. 3187 AN ORDINANCE PROVIDING FOR THE AD VALOREM TAX LEVY IN THE CITY OF PASCO IN ACCORDANCE WITH STATE LAW MOTION Ordinance No 3187, was read by title only Mr Garrison moved to adopt Ordinance No 3187, providing for the 1997 Ad Valorem Tax and a levy for the 1993 Unlimited Tax General Obligation Bond Mr Lathim seconded the motion Motion carried unanimously ORDINANCES/RESOLUTIONS NOT RELATED TO PUBLIC HEARINGS ORDINANCE NO. 3188 AN ORDINANCE OF THE CITY OF PASCO AMENDING SECTION 21 32 090 "APPROVAL OR DISAPPROVAL" OF PRELIMINARY PLATS EXTENDING FINALIZATION OF PRELIMINARY PLATS TO FIVE YEARS MOTION Ordinance No 3188, was read by title only Mr Garrison moved to adopt Ordinance No 3188, amending PMC Section 21 32 090 extending the approval period for preliminary plats from two (2) years to five (5) years Mr Lathim seconded the motion Motion carried unanimously -3- MINUTES REGULAR MEETING PASCO CITY COUNCIL NOVEMBER 18, 1996 ORDINANCE NO. 3189 AN ORDINANCE RELATING THE CREATION OF AN APPEALS BOARD TO BE KNOWN AS THE PASCO CODE ENFORCEMENT BOARD (CEB), THE MISSION AND PURPOSE OF WHICH SHALL BE TO HEAR APPEALS AND RENDER DECISIONS REGARDING CIVIL VIOLATIONS OF CERTAIN SECTIONS OF THE PASCO MUNICIPAL CODE MOTION Ordinance No 3189, was read by title only Mr Garrison moved to adopt Ordinance No 3189, creating an appeals board to be known as the Pasco Code Enforcement Board Mr Jensen seconded the motion Motion carried unanimously ORDINANCE NO. 3190 AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, TO ESTABLISH AN EFFICIENT SYSTEM TO ENFORCE THE PASCO MUNICIPAL CODE RELATING TO THE ENFORCEMENT OF LAND USE, ZONING AND ABATEMENT OF PUBLIC NUISANCES, TO PROVIDE OPPORTUNITY FOR A PROMPT HEARING AND DECISION OF ALLEGED CIVIL VIOLATIONS, TO ESTABLISH MONETARY PENALTIES FOR THESE CIVIL INFRACTIONS BY ADDING A NEW TITLE TO THE CODE, WHICH NEW TITLE SHALL BE TITLE 11 CIVIL INFRACTIONS, AND AMENDING CERTAIN SECTIONS TO ALLOW FOR CIVIL INFRACTION PENALTIES RATHER THAN THE EXISTING CRIMINAL PENALTIES FOR VIOLATION OF CERTAIN SECTION OF THE PASCO MUNICIPAL CODE MOTION Ordinance No 3190, was read by title only Mr Garrison moved to adopt Ordinance No 3190, establishing an efficient system to enforce City regulations, to provide for an opportunity for a prompt hearing on alleged violations, to establish monetary penalties rather than criminal penalties and to establish a standard procedure to be used by the City to abate unsafe and unlawful conditions Mr Lathim seconded the motion Motion carried unanimously UNFINISHED BUSINESS None NEW BUSINESS None MISCELLANEOUS - INCLUDING SUGGESTIONS FROM COUNCIL Adult Entertainment Uses and Businesses Mr Crutchfield explained that staff is recommending that Council pass the proposed ordinance establishing an emergency moratorium and setting a hearing to consider further extension of the moratorium to permit the appropriate study of the question of defining the term "substantial stock and trade" for purposes of licensing adult businesses in the City ORDINANCE NO. 3191 AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, RELATING TO LAND USE AND ZONING, DECLARING A PUBLIC HEALTH, WELFARE AND SAFETY EMERGENCY NECESSITATING AN IMMEDIATE MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR USE PERMITS, BUILDING PERMITS AND LICENSES FOR ADULT -4- MINUTES REGULAR MEETING PASCO CITY COUNCIL NOVEMBER 18, 1996 ENTERTAINMENT USES AND BUSINESSES TO BE EFFECTIVE FOR A PERIOD OF UP TO ONE YEAR, AND SETTING A DATE FOR A PUBLIC HEARING ON THE MORATORIUM MOTION Ordinance No 3191, was read by title only Mr Jensen moved to adopt Ordinance No 3191, for an immediate moratorium on the acceptance of applications for building permits and licenses for adult entertainment uses and businesses to be effective for a period of up to one year and setting the date of December 16, 1996, for a public hearing on the moratorium Mr Garrison seconded the motion Motion carried unanimously ADJOURNMENT o further business, the meeting was adjourned at 8 32 P M 4,61 _AA• it //Mk A. Charles D Kilbu ayor ATTEST Catherine D Seaman Deputy City Clerk PASSED and APPROVED this 2 day of December , 1996 -5- THIS PAGE INTENTIONALLY LEFT BLANK. I I I