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HomeMy WebLinkAbout1998.01.20 Council Minutes MINUTES REGULAR MEETING PASCO CITY COUNCIL JANUARY 20, 1998 CALL TO ORDER: The meeting was called to order at 7:00 P.M. by Chris Jensen, Mayor Pro-tem. ROLL CALL: By Deputy City Clerk. Councilmembers present: Michael Garrison, Joe Jackson, Chris Jenson, Dan Lathim, Rebecca Francik, and Carl Strode. Councilmembers absent: Charles Kilbury. Also present: Gary Crutchfield, City Manager; Leland B. Kerr, City Attorney; Dan Underwood, Finance Director; Bob Alberts, Public Works Director; Dave McDonald, City Planner; Mike Baker, City Engineer; Dick Erickson, Parks 8a Recreation Director; Denis Austin, Police Chief; Greg Garcia, Fire Chief; Richard Smith, Community 8s Economic Dev. Director; and Tim Arntzen, Management Assistant. PLEDGE OF ALLEGIANCE: The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: MOTION: Mr. Garrison moved to approve the Consent Agenda. Mr. Strode seconded the motion. Motion carried unanimously. Consent items are as follows: A) Approval of Minutes: To approve the minutes of Regular Meeting held January 5, 1998. B) Bills and Communications: To approve General Claims in the amount of $625,392.72 ($105,649.64 being in the form of Wire Transfer Nos. 3129 through 3131; and $519,743.08 consisting of Claim Warrants numbered 105889 through 106018). C) Franklin County Historical Society Agreement: To approve the agreement with the Franklin County Historical Society and authorize the Mayor to sign the agreement. D) Resolution No. 2360: To approve Resolution No. 2360, to authorize the Mayor to sign the Letter of Mutual Agreement with Franklin County, dated January 12, 1998. E) Acceptance of Easements: to accept the waterline easements as granted by Allen L. Yenney and Sylvia K. Marquez and access easements as granted by Franklin County, Allen L. Yenney, Sylvia K. Marquez, John Rada and Andrea Rada. PROCLAMATIONS AND ACKNOWLEDGMENTS: Ms. Kelly Magnuson, Executive Director of the Boys & Girls Club, was introduced by Chief Austin and explained the "Do the Right Thing" Awards Program and how it worked. Ms. Magnuson then presented the awards to the following nominees: Nolan Anderson, Daniel Curtis, Eric Garcia, Thomas Hailen, Rocky Lozano, Andy Lober, Alfredo Monton and Dennis Rojas, Griffin Spanner, Tom O'Malley. - 1- MINUTES REGULAR MEETING PASCO CITY COUNCIL JANUARY 20, 1998 VISITORS: Ms. Fran Thomas requested waivers from the City for curbs and sidewalks, paving the parking lot and a utility waiver, all for her Heidi Haus Restaurant project. MOTION: Mr. Strode moved to set January 26, 1998, at 7:00 p.m., as a Special Meeting to address Ms. Thomas' requests. Mr. Garrison seconded the motion. Motion carried unanimously. REPORTS FROM COMMITTEES AND/OR OFFICERS: None. PUBLIC HEARINGS: Street Vacation: Front Avenue from Lewis Street to Holden Street and Holden Street between Front Avenue and Main Street (MLM Enterprise) (MF #97-108-V): Mr. David McDonald, City Planner, addressed Council and noted for the record that notice of the public hearing was published as required by law. Mr. McDonald explained that the owners of property abutting Front Avenue, between Lewis Street and Holden Street, and property owners abutting a portion of Holden Avenue submitted a petition to have the street vacated. However, Front Avenue is needed for a portion of the route for the Hillsboro Interceptor Sewer. This interceptor sewer will be constructed in 1998. At the present time it appears that this vacation request would be premature. The Public Works Director has recommended that the issue of vacating Front Avenue be revisited after the sewer pipeline is installed. MAYOR PRO-TEM JENSEN DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE VACATION OF FRONT AVENUE FROM LEWIS STREET TO HOLDEN STREET AND HOLDEN STREET BETWEEN FRONT AVENUE AND MAIN STREET (MLM ENTERPRISE) (MF #97-108-V). Mr. Leonard Rhoads, owner of Rhoads Asphalt, spoke in favor of the vacation as a way to help prevent a liability to the City and stated he would be willing to wait for the vacation, if necessary. Mr. Michael Ruttkauskas, owner of Rutt Enterprises, spoke in favor of the vacation as a means to be able to keep the area cleaned up and would be willing to wait for the sewer intercepter to be in place. Mr. Crutchfield explained that a license could be issued to use the right-of-way for private purposes and to include appropriate conditions. Mr. Strode felt there was no point in delaying the actions of the property owners that want to be able to improve the area and recommended that staff move forward in that direction. Staff recommended that the hearing be continued to an indefinite date until the completion of the sewer interceptor. Mr. Lathim concurred with Mr. Strode and felt this was a win-win situation that needs to be taken care of. Following three (3) calls from Mayor Pro-tern Jensen for comments from the floor, either for or against, the public hearing was declared closed. -2- MINUTES REGULAR MEETING PASCO CITY COUNCIL JANUARY 20, 1998 MOTION: Mr. Strode moved to continue the public hearing to an indefinite date pending completion of the interceptor sewer. Ms. Francik seconded the motion. Motion carried unanimously. Annexation Areas 6 and 7 (MF #97-2-A and 97-57-A�: Mr. David McDonald, City Planner, addressed Council and noted for the record that notice of the public hearing was sent by direct mailing, published in the local newspaper and posted in the areas of concern as required by law. Mr. McDonald explained that property owners within two West Pasco areas submitted petitions requesting annexation to the City. The petitions were reviewed and have been determined to be sufficient to constitute a legally acceptable petition under the 60% petition method for annexation. The Planning Commission conducted zoning determination hearings for both of the proposed annexation areas and recommended Area #6 be zoned RS-20 and Area #7 be zoned RS-12. MAYOR PRO-TEM JENSEN DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE ANNEXATION OF ANNEXATION AREA NOS. 6 AND 7. Mr. Bob Schuyler, of 4917 W. Sylvester St., questioned staff concerning the criteria used for determining the 60% quota and why the boundary of Area #7 was so jagged? Mr. McDonald explained that the boundary was jagged because it followed a drainage basin for the sewer system and that was also the criteria used for the 60%. Mr. Phillip Vanhoy, of 5114 W. Irving St., wanted to know what the plans for sewer were for Area #6? Mr. Crutchfield explained that annexation is a prelude to sewer and that most of the people that signed the annexation petition are interested in obtaining sewer services. Staff is in the process of designing and constructing an extension of the sewer trunk line down Sylvester Street to Road 56. Extension of the sewer system north or south of Sylvester Street would occur through local improvement districts. Mr. Richard Collingham, of 509 Road 52, expressed concerns about future sewer placements for his area. Mr. Alberts explained that it was very premature to discuss sewer lines in that area since staff has not done a detailed review of the area for sewer design. Mr. Jerry Johnson, of 508 Road 52, also expressed concerns about the placement and depth of future sewer lines in his area. Mr. Strode pointed out that the item under discussion was for annexation of Area #6 S, #7 and had nothing to do with the design or installation of a sewer. Mayor Pro-tern Jensen reminded the audience that the public hearing was being held for the purpose of discussing the annexation of Area #6 8v #7 and statements should be limited to this topic. -3- MINUTES REGULAR MEETING PASCO CITY COUNCIL JANUARY 20, 1998 Ms. Mildred Montgomery, of 417 Road 52 North, asked, with annexation, would staff plan to provide sewer for her property which is on the river? Mr. Crutchfield explained to the audience the process for forming a Local Improvement District. Mr. Richard Eckroth, of 806 Road 50, asked what benefits property owners would receive by annexing to the City? Mr. Crutchfield explained that upon annexation property owners would be the recipients of municipal services including, police and fire services, pay $2.50 per month for ambulance tax for free ambulance service, planning and engineering services, code enforcement services, and noted that property taxes, garbage rates and water bills would be reduced. Ms. Betty Swenson, of 4908 W. Nixon St., spoke in favor of the annexation for the reasons given by Mr. Crutchfield and for future sewer connections. Mr. George Goulet, of 4812 W. Sylvester St., asked if the area was annexed what are the City's rules about on street parking? Mr. McDonald explained that parking on streets is regulated by the State Model Traffic Ordinance, which the City follows. Zoning regulations would prohibit parking of boats, campers and trailers on City streets. Noted that staff will inform the neighborhoods of the new rules and provide time to adjust to the new standards. Following three (3) calls from Mayor Pro-tem Jensen for comments from the floor, either for or against, the public hearing was declared closed. ORDINANCE NO. 3275 AN ORDINANCE RELATING TO ANNEXATION AND ANNEXING CERTAIN REAL PROPERTY TO THE CITY OF PASCO. MOTION: Ordinance No. 3275 was read by title only. Mr. Garrison moved to adopt Ordinance No. 3275, annexing certain real property to the City of Pasco. Mr. Lathim seconded the motion. Motion carried unanimously. ORDINANCE NO. 3276 AN ORDINANCE ASSIGNING ZONING TO CERTAIN REAL PROPERTY WITHIN THE CITY OF PASCO. MOTION: Ordinance No. 3276 was read by title only. Mr. Garrison moved to adopt Ordinance No. 3276, establishing RS-20 Zoning for Annexation Area No. 6. Mr. Lathim seconded the motion. Motion carried unanimously. ORDINANCE NO. 3277 AN ORDINANCE RELATING TO ANNEXATION AND ANNEXING CERTAIN REAL PROPERTY TO THE CITY OF PASCO. -4- MINUTES REGULAR MEETING PASCO CITY COUNCIL JANUARY 20, 1998 MOTION: Ordinance No. 3277 was read by title only. Mr. Garrison moved to adopt Ordinance No. 3277, annexing certain real property to the City of Pasco. Mr. Lathim seconded the motion. Motion carried unanimously. ORDINANCE NO. 3278 AN ORDINANCE ASSIGNING ZONING TO CERTAIN REAL PROPERTY WITHIN THE CITY OF PASCO. MOTION: Ordinance No. 3278 was read by title only. Mr. Garrison moved to adopt Ordinance No. 3278, establishing RS-12 zoning for Annexation Area No. 7. Mr. Lathim seconded the motion. Motion carried unanimously. FINAL ASSESSMENT ROLL FOR RIVERVIEW SEWER ULID NO. 131: Mr. Bob Alberts, Public Works Director, addressed Council and noted for the record that notice of the public hearing was published as required by law. Mr. Alberts gave an overview of the Local Improvement District process and explained that the LID was created to construct sanitary sewers, sewer stubs, asphalt overlay and other work in a portion of the Riverview area of the City. The preliminary assessment roll included 220 lots with assessments of $6,750.00 each and 8 lots along Riverhaven with assessments of $7,900.00 each. The City created the LID by Ordinance No. 3216 and amended it with Ordinance No. 3224. The LID was converted to a ULID by Ordinance No. 3239 on June 16, 1997. The final assessment roll is for 222 lots in which the typical assessment is $5,951.00. Fifteen (15) property owners had additional work done with the costs added to their base assessment. MAYOR PRO-TEM JENSEN DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE FINAL ASSESSMENT ROLL FOR ULID NO. 131. Clerk read letters from the following property owners: Ms. Julie Stock, of 3720 W. Nixon St., that was written in objection to the LID. Ms. Stock felt there was inequity between the cost of this LID and an LID south of Sylvester Street. Mr. John Peltier, of Blk. 1 Lot 12, Corrected Plat of Riverview Terrace, felt costs were not equal between this LID and an LID south of Sylvester Street. Mr. 8v Mrs. Walter Cowan, of 3820 W. Nixon St., objected to the LID assessment and felt it was unfair that the Riverhaven section (LID 130) was assessed a lower amount. Ms. Dorothy King, of 821 Road 40, objected to the LID assessment and felt it was unfair that the Riverhaven section (LID 130) was assessed a lower amount. Mr. Ronald Davidson, of 4021 W. Riverhaven St., requested several concerns be addressed concerning damage sustained to a newly paved asphalt driveway and requested appropriate adjustments be made to his assessment to offset the damages his property sustained. -5- MINUTES REGULAR MEETING PASCO CITY COUNCIL JANUARY 20, 1998 Mr. & Mrs. Tom Robertson, of 3907 W. Nixon St., objected to the LID assessment and felt it was unfair that the Riverhaven section (LID 130) was assessed a lower amount. Mr. Alberts explained that Mr. Davidson's damages would be addressed by staff to determine a resolution to the problem. Mr. Kerr explained to Council the concern about the amount of assessments from one LID to another would be legitimate if it involved property within the same LID district. Mr. Kerr then explained that the City is required to treat all property owners within the district equally. The assessments in a different district may be different for any of a variety of reasons, including design, physical conditions, weather, etc. Following three (3) calls from Mayor Pro-tem Jensen for comments from the floor, either for or against, the public hearing was declared closed. ORDINANCE NO. 3279 AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, RELATING TO UTILITY LOCAL IMPROVEMENT DISTRICT NO. 131; AMENDING ORDINANCE NO. 3216, AS AMENDED, AND ORDINANCE NO. 3239, BY ADDING ADDITIONAL TERRITORY TO UTILITY LOCAL IMPROVEMENT DISTRICT NO. 131 OF THE CITY AND PROVIDING ADDITIONAL SEWER IMPROVEMENTS TO SERVE THE ADDITIONAL TERRITORY, AND APPROVING AND CONFIRMING THE FINAL ASSESSMENTS AND ASSESSMENT ROLE OF UTILITY LOCAL IMPROVEMENT DISTRICT NO. 131. MOTION: Ordinance No. 3279 was read by title only. Mr. Garrison moved to adopt Ordinance No. 3279, confirming the Final Assessment Roll for ULID No. 131. Mr. Lathim seconded the motion. Motion carried unanimously. ORDINANCES/RESOLUTIONS NOT RELATED TO PUBLIC HEARINGS: ORDINANCE NO. 3280 AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, RELATING TO INCURRING INDEBTEDNESS, PROVIDING FOR THE SUBMISSION TO THE VOTERS OF THE CITY AT A SPECIAL ELECTION TO BE HELD THEREIN ON MARCH 10, 1998, OF A PROPOSITION AUTHORIZING THE CITY TO INCUR INDEBTEDNESS BY ISSUING ITS GENERAL OBLIGATION BONDS IN A PAR AMOUNT NOT TO EXCEED $1,700,000, PAYABLE BY ANNUAL PROPERTY TAX LEVIES, FOR THE PURPOSE OF PAYING ALL OR A PART OF THE COST OF RENOVATING THE PASCO LIBRARY AND TO RELOCATE THE PASCO CITY FIRE STATION NO. 1 BY ACQUIRING, CONSTRUCTING AND EQUIPPING A NEW FIRE STATION AND TO LEVY THOSE EXCESS PROPERTY TAXES; AND RATIFYING AND APPROVING ALL ACTIONS CONSISTENT WITH THIS ORDINANCE. -6- MINUTES REGULAR MEETING PASCO CITY COUNCIL JANUARY 20, 1998 MOTION: Ordinance No. 3280 was read by title only. Mr. Garrison moved to adopt Ordinance No. 3280, calling for a special election to be held on March 10, 1998, to authorize a bond issue in the amount of $750,000 for renovation of the library and $950,000 for relocation of Fire Station No. 1. Ms. Francik seconded the motion. Motion carried unanimously. RESOLUTION NO. 2361 A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, RELATING TO INCURRING INDEBTEDNESS, PROVIDING FOR THE SUBMISSION TO THE VOTERS OF THE CITY AT A SPECIAL ELECTION TO BE HELD THEREIN ON MARCH 10, 1998, OF A PROPOSITION AUTHORIZING THE CITY TO INCUR INDEBTEDNESS BY ISSUING ITS GENERAL OBLIGATIONS BONDS IN A PAR AMOUNT NOT TO EXCEED $1,750,000, PAYABLE BY ANNUAL PROPERTY TAX LEVIES TO BE MADE IN EXCESS OF REGULAR PROPERTY TAX LEVIES, FOR THE PURPOSE OF PAYING ALL OR A PART OF THE COST OF RENOVATING THE PASCO LIBRARY AND TO RELOCATE THE PASCO CITY FIRE STATION NO. 1 BY ACQUIRING, CONSTRUCTING AND EQUIPPING A NEW FIRE STATION AND TO LEVY THOSE EXCESS PROPERTY TAXES. MOTION: Mr. Garrison moved to approve Resolution No. 2361, calling for a special election to be held on March 10, 1998, for the library renovation and fire station projects. Mr. Lathim seconded the motion. Motion carried unanimously. ORDINANCE NO. 3281 AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, REGULATING THE POSSESSION OF WILD ANIMALS. Mr. Crutchfield explained that the proposed ordinance would clarify that wild or exotic animals could be kept in the City, but only under the same conditions that the owner of a potentially dangerous dog would have to live with. This would require a permit, a properly secured enclosure, etc. The only question of staff to Council is whether or not Council wanted to permit this activity in all residential areas given the fact that Franklin County's ordinance does not permit this activity in residential areas. Ms. Francik asked what the implications of drafting an ordinance that is different that Franklin County's? Mr. Crutchfield explained that potentially an annexation area, where a wild animal couldn't be kept before it could after annexation in accordance with City regulations. Ms. Francik felt that Council should stay within the Franklin County guidelines for the sake of consistency for the population at large. Mr. Strode felt the ordinance before Council would classify entire categories of animals, regardless of their individual personality, as being dangerous animals and would require the same attention as a dog that has proven to be dangerous and attacks. Mr. Strode stated that there were citizens, who may own pets now that are completely benign, that would be deemed dangerous by the proposed ordinance -7- MINUTES REGULAR MEETING PASCO CITY COUNCIL JANUARY 20, 1998 and would require expensive actions be taken by its owner in order to keep the animal. He felt the proposed ordinance was overly restrictive and overly intrusive into the lives of citizens who have not demonstrated that they were causing a problem to the community and could not support the ordinance as presented. MOTION: Mr. Garrison moved to adopt Ordinance No. 3281, regulating the possession of wild animals within the City of Pasco. Mr. Lathim seconded the motion. Mayor Pro-tern Jensen concurred with several points from Mr. Strode, however, felt that sometimes it was appropriate to put regulations in place before there was a problem. Mr. Jackson felt an ordinance was necessary that would provide for the necessary control of exotic animals, however, he didn't feel that wild animals should be allowed within residential areas and could not support the ordinance as presented. Motion failed by the following roll call vote: Yes - Francik, Garrison, Jensen; No - Lathim, Jackson, Strode. Staff was instructed to present additional information regarding this issue at a future workshop. RESOLUTION NO. 2362 A RESOLUTION AUTHORIZING THE CITY TO APPLY FOR A LOAN OF UP TO $750,000 FROM THE HANFORD AREA ECONOMIC INVESTMENT FUND TO HELP FINANCE EXPANSION OF THE CITY'S PROCESS WATER REUSE FACILITY. MOTION: Mr. Garrison moved to approve Resolution No. 2362, authorizing the City Manager to apply for a loan of up to $750,000 from the Hanford Area Economic Investment Fund and to sign all necessary forms and documents. Mr. Lathim seconded the motion. Motion carried unanimously. UNFINISHED BUSINESS: None. NEW BUSINESS: Seventh Amendment to Dellinger Option Agreement: MOTION: Mr. Garrison moved to approve the Seventh Amendment to the Dellinger/Quantum Unlimited Option to Purchase agreement and authorize the City Manager to sign the amendment. Mr. Lathim seconded the motion. Motion carried unanimously. 1998 User Agreement - Columbia Basin Dive Rescue: MOTION: Mr. Garrison moved to authorize the City Manager to enter into a contract for service with Columbia Basin Dive Rescue to provide emergency and non-emergency services for 1998. Mr. Lathim seconded the motion. -8- MINUTES REGULAR MEETING PASCO CITY COUNCIL JANUARY 20, 1998 Mr. Crutchfield noted for the record that the staff recommendation is based on the understanding those public entities who rely on CBDR will develop a mutually acceptable cost sharing plan to make sure that the Dive Rescue Team has what it needs on an annual basis for maintenance of equipment and training. Motion carried unanimously. Final Plat: Highland Meadows Phase I (MF #98-03-FP): MOTION: Mr. Garrison moved to approve the final plat for Highland Meadows Phase I. Mr. Lathim seconded the motion. Motion carried unanimously. Firefighter Bargaining Agreement: MOTION: Mr. Garrison moved to approve the Collective Bargaining Agreement with Local No. 1433, IAFF, for 1998-1999 and, further, authorize the Mayor to sign to sign the agreement. Mr. Lathim seconded the motion. Motion carried unanimously. City Council Representatives on Boards and Commissions: MOTION: Mr. Garrison moved to concur in the Mayor's appointment of Councilmembers to represent the City of Pasco on various Boards and Commissions (list, with amendments, available in City Manager's office). Mr. Lathim seconded the motion. Motion carried unanimously. MISCELLANEOUS - INCLUDING SUGGESTIONS FROM COUNCIL: Executive Session: Mayor Pro-tem Jensen recessed to an executive session for the purpose of discussing real estate and litigation matters. ADJOURNMENT: further business, the meeting was adjourned at 9:12 P.M. en, Mayor Pro-tern ATTEST: r_ Catherine D. Seaman Deputy City Clerk PASSED and APPROVED this 2 day of TFebruwy 1998. -9-