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HomeMy WebLinkAbout1998.12.07 Council Minutes MINUTES REGULAR MEETING PASCO CITY COUNCIL DECEMBER 7, 1998 CALL TO ORDER: The meeting was called to order at 7:00 P.M. by Charles D. Kilbury, Mayor. ROLL CALL: By Deputy City Clerk. Councilmembers present: Michael Garrison, Joe Jackson, Charles Kilbury, Dan Lathim, Rebecca Francik, and Chris Jensen. Councilmembers absent: Carl Strode. Also present: Gary Crutchfield, City Manager; Leland B. Kerr, City Attorney; Dave McDonald, City Planner; Greg Garcia, Fire Chief; Erin Forrest, City Engineer; Paul Whitemarsh, Acting Parks 8a Rec. Director; Denis Austin, Police Chief; Richard Smith, Community & Economic Dev. Director; Tim Arntzen, Management Assistant; and Kurt Luhrs, Personnel/Risk Manager. PLEDGE OF ALLEGIANCE: The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: MOTION: Mr. Garrison moved to approve the Consent Agenda. Mr. Lathim seconded the motion. Motion carried by unanimous roll call vote. Consent items are as follows: A) Approval of Minutes: To approve minutes of Regular Meeting held November 16, 1998. To approve minutes of Special Meeting held November 23, 1998. B) Bills and Communications: To approve General Claims in the amount of $1,457,625.31 ($261,646.54 being in the form of Wire Transfer Nos. 3220, 3221, 3222, 3230 and 3231; and $1,205,978.77 consisting of Claim Warrants numbered 111109 through 111444). Payroll Claims: To approve payroll claims in the amount of $622,612.60; Payroll voucher Nos. 13508 through 13951. Bad Debt Write-offs: To approve the bad debt write-offs for utility billing, ambulance, miscellaneous, Municipal Court non-criminal, criminal and parking accounts receivable, in the total amount of $58,649.26 and, of that amount, authorize $54,895.34 be turned over for collection. C) After School Program: To authorize the City Manager to sign an Interlocal Cooperation Agreement with the Pasco School District for the purpose of conducting a year-round after school and summer program. D) Resolution No. 2410: To approve Resolution No. 2410, accepting the work performed by Pavement Surface Control for Project No. 98-3-02 CBD Sidewalk and 98-3-06 Handicap Ramps. E) Resolution No. 2411: To approve Resolution No. 2411, accepting the work performed by Transtate Paving Co. for Project No. 98-3- 01, 1998 Overlays. - 1- MINUTES REGULAR MEETING PASCO CITY COUNCIL DECEMBER 7, 1998 F) Resolution No. 2412: To approve Resolution No. 2412, accepting the work performed by Transtate Paving Co. for Project No. 98-3- 08, Sun Willows Blvd. Widening. G) Corps of Engineers Levee Conveyance Agreement: To approve the Memorandum of Agreement with the Corps of Engineers for conveyance of certain federal lands and levees to the City. H) Jail Interlocal Agreement: To approve the Correctional Facilities Use Agreement with Franklin County for the calendar year 1999. I) First Amendment to the Fire Marshal Services Interlocal Agreement with Franklin County: To approve the first amendment to the Interlocal Government Agreement for Fire Marshal services with Franklin County and authorize the Mayor to sign the amendment. PROCLAMATIONS AND ACKNOWLEDGMENTS: None. VISITORS: Mr. Robert Goulet, of 4812 W. Sylvester St., addressed Council to express his concern about the Multi-Modal Facility being locked between departures. Mr. Goulet felt it was unreasonable and unsafe to expect passengers to wait outside the facility until the station is opened for boarding. Mr. Crutchfield explained that prior to the City opening the new facility neither the Amtrak nor the Greyhound stations were open 24 hours a day and the occupants of the new facility will dictate their hours of operation. REPORTS FROM COMMITTEES AND/OR OFFICERS: None. PUBLIC HEARINGS: Street and alley vacation -_ Bonneville Street, Idaho Avenue, Shoshone Street and the alley in Block 147, Frey's Addition {MF #98-98-31): 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 in Block 147, Frey's Addition and Block 4 Long's Addition, filed a petition requesting vacation of a portion of Idaho Avenue and East Bonneville Street. Staff suggested the alleys in Block 147, Frey's Addition and Block 4 Long's Addition also be included in the vacation proposal along with a segment of East Shoshone Street. The proposed vacation would aid in the construction of a new warehouse facility. The Council approved vacation plan for this area identified East Bonneville as a street that should not be vacated. Staff therefor recommends only the north and south 10 feet of Bonneville be vacated leaving a 60 foot right-of-way for future use. -2- MINUTES REGULAR MEETING PASCO CITY COUNCIL DECEMBER 7, 1998 Utility company review of the proposed vacation indicates there are multiple utility services in the north/south alley of Block 4, Long's Addition. Staff would recommend that this alley not be vacated at this time. Additionally, an easement should be retained over the south 10 feet of East Bonneville for an existing gas line and telephone line. MAYOR KILBURY DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE VACATION OF BONNEVILLE STREET, IDAHO AVENUE, SHOSHONE STREET, AND THE ALLEY IN BLOCK 147, FREY'S ADDITION. 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. 3320 AN ORDINANCE VACATING A PORTION OF EAST SHOSHONE STREET, NORTH IDAHO AVENUE, EAST BONNEVILLE, AND THE NORTH/SOUTH ALLEY IN BLOCK 147, FREY'S ADDITION. MOTION: Ordinance No. 3320 was read by title only. Mr. Garrison moved to adopt Ordinance No. 3320, vacating a portion of East Bonneville Street, East Shoshone Street, North Idaho Avenue, and the north/south alley in Block 147, Frey's Addition. Mr. Lathim seconded the motion. Motion carried unanimously. Street vacation - Portions of West Bonneville and North 11th Avenue abutting Block 10, Pettit's Second Addition (MF #98-105-V1: 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 applicant has requested vacation of excess right-of-way abutting their property. The applicant is in the process of making property improvements by hard surfacing the parking lot and installing landscaping. The proposed vacation was circulated to effected utilities and Cascade Natural Gas has indicated they have a 4 inch line running north and south through the alley in Block 10, Pettit's Second Addition but would not effect the line. MAYOR KILBURY DECLARED THE PUBLIC HEARING OPEN TO CONSIDER VACATING PORTIONS OF WEST BONNEVILLE AND NORTH 11TH AVENUE. 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. 3321 AN ORDINANCE VACATING THAT PORTION OF WEST BONNEVILLE STREET AND NORTH 11TH AVENUE ABUTTING BLOCK 10, PETTIT'S ADDITION. MOTION: Ordinance No. 3321 was read by title only. Mr. Garrison moved to adopt Ordinance No. 3321, vacating the west 10 feet of North 11th Avenue and the north 10 feet of West Bonneville Street adjacent -3- MINUTES REGULAR MEETING PASCO CITY COUNCIL DECEMBER 7, 1998 Block 10, Pettit's Second Addition. Mr. Lathim seconded the motion. Motion carried unanimously. Riverview Sewer ULID 136: Mr. Erin Forrest, City Engineer, addressed Council and noted for the record that notice of the public hearing was published as required by law. Mr. Forrest gave a brief overview of the ULID process for benefit of the audience. MAYOR KILBURY DECLARED THE PUBLIC HEARING OPEN TO CONSIDER CREATION OF ULID 136. Mr. Miles Patrick, of 821 Road 48, asked why the estimated cost has gone from $5,000 to $6,900? Mr. Forrest explained it was his recollection that the estimated amount was $6,500 and staff has updated the figures to $6,900. Mr. Patrick asked if there was an established depth the for Road 48 line? Mr. Forrest explained that it would be approximately 10-12 foot deep. Mr. Crutchfield felt it should be noted that there will be areas where some homes will have to pump from their basements up to the sewer line. It would cost too much to lay the line low enough to serve all basements. Ms. Betty Swenson, of 4908 W. Nixon St., thanked Council and staff for the efforts that have been put into forming the ULID and urged everyone involved to hurry. Ms. Beverly Martinolich, of 4621 River Blvd., was concerned because the street on Road 47 is so narrow on the corner. Mr. Martinolich asked if the City would widen the road when it's paved? Mr. Forrest explained that any safety concerns would be looked into and if additional paving is required to rectify the situation is could be done at that time. Mr. Crutchfield noted the current project estimates are based on paving the existing width of roadway surface; if the neighborhood wants wider streets, it should be noted now. Ms. Tracy Chilson, of 4012 W. Agate St., explained that her driveway is very low and with the addition of new asphalt she was concerned that she would have trouble getting vehicles in and out of her driveway without damaging them. Ms. Chilson asked staff if something could be done to correct this? Mr. Forrest'explained that the ULID does not include the redesign of the street elevation, however, he recommended Ms. Chilson talk to staff about the potential driveway problem. Following three (3) calls from Mayor Kilbury for comments from the floor, either for or against, the public hearing was declared closed. -4- MINUTES REGULAR MEETING PASCO CITY COUNCIL DECEMBER 7, 1998 ORDINANCE NO. 3322 AN ORDINANCE RELATING TO THE WATERWORKS UTILITY OF THE CITY, INCLUDING THE SANITARY SEWERAGE SYSTEM AND THE SYSTEM OF STORM OR SURFACE WATER SEWERS AS A PART THEREOF, AUTHORIZING WATER AND SEWER REVENUE BONDS AND INTERIM FINANCING TO PAY THE COST OF CARRYING OUT A PORTION OF THE SYSTEM OR PLAN OF ADDITIONS TO AND BETTERMENTS AND EXTENSIONS OF THE WATERWORKS UTILITY; AND CREATING UTILITY LOCAL IMPROVEMENT DISTRICT NO. 136. MOTION: Ordinance No. 3322 was read by title only. Mr. Garrison moved to adopt Ordinance No. 3322, creating the Riverview Sanitary Sewer ULID 136. Mr. Lathim seconded the motion. Mr. Lathim pointed out that the contractor that does the paving in the LID areas is always willing to work with the individual property owners on doing a little extra paving for those property owners interested. Motion carried unanimously. Revenue Sources for the 1999 General Fund Budget and setting the 1999 Property Tax Levy: Mr. Gary Crutchfield, City Manager, addressed Council and explained that for the last four years the City hasn't imposed the statutory maximum property tax levy of 106% of the previous years levy plus new construction and annexations calculated at the previous year's levy rate. Staff is recommending a 1999 general property tax levy of $2,198,771. This amount does not invoke any of the available 106% increase; it holds the levy to the same amount as last year ($2,040,391) plus new construction and annexations. Using the estimated assessed value amount of $893,423,513 the levy rate for 1999 will be $2.461 compared to $2.545 for 1998. Mr. Crutchfield explained the Department of Revenue has issued a new interpretation of Referendum 47 which explains that if the Council wishes to preserve the ability to increase the levy in the future by any portion of the 6%, Council would need to adopt an ordinance with the proper language. If the ordinance is not properly worded, the Council would lose the ability to increase the levy in the future. To preserve the levy capacity of the City, and to ensure a proper ordinance is drafted, additional time is required for legal review. The ordinance will be presented at the meeting of December 21St. MAYOR KILBURY DECLARED THE PUBLIC HEARING OPEN TO CONSIDER REVENUE SOURCES FOR THE 1999 GENERAL FUND BUDGET AND SETTING THE 1999 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. 1999 Budgets - Annual Operating and Capital Projects: Mr. Gary Crutchfield, City Manager, addressed Council and explained that the proposed 1999 Annual Operating Budget is $46,511,945. The proposed budget is the same as presented at the workshop except for a modification in the amount to be spent under non-departmental general fund. Staff is recommending that the softball complex be -5- MINUTES REGULAR MEETING PASCO CITY COUNCIL DECEMBER 7, 1998 constructed in fewer phases than originally planned and that it be financed by the issuance of councilmatic bonds. This would free up $750,000 for other capital needs, i.e., $225,000 for fire apparatus; $100,000 for an ambulance; $40,000 for cable to Fire Station 82; $120,00 for Rivershore Enhancement Design leading to a net increase of$265,000 in the ending fund balance. The ending fund balance would then be $960,950. MAYOR KILBURY DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE CITY'S 1999 ANNUAL OPERATING AND CAPITAL PROJECTS BUDGETS. 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. 3323 AN ORDINANCE ADOPTING THE CITY OF PASCO OPERATING BUDGET FOR THE YEAR 1999. MOTION: Mr. Garrison moved for the first reading, by title only, of Ordinance No. 3323, for consideration of the 1999 Annual Operating Budget. Mr. Lathim seconded the motion. Motion carried unanimously. ORDINANCE NO. 3324 AN ORDINANCE ADOPTING THE CITY OF PASCO CAPITAL PROJECTS BUDGET FOR THE YEAR 1999. MOTION: Mr. Garrison moved for the first reading, by title only, of Ordinance No. 3324, for consideration of the 1999 Capital Projects Budget. Mr. Lathim seconded the motion. Motion carried unanimously. ORDINANCES/RESOLUTIONS NOT RELATED TO PUBLIC HEARINGS: ORDINANCE NO. 3325 AN ORDINANCE AMENDING PMC 5.04.160 IN REGARDS TO RENTAL DWELLING UNIT BUSINESS LICENSE FEES. MOTION: Ordinance No. 3325 was read by title only. Mr. Garrison moved to adopt Ordinance No. 3325, amending PMC 5.04.160 in regards to rental dwelling license fees. Mr. Lathim seconded the motion. Motion carried (No - Lathim; Abstain - Kilbury). ORDINANCE NO. 3326 AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, REPEALING CHAPTER 8.04 ENTITLED "ANIMAL CONTROL" AND ENACTING CHAPTER 8.02 ENTITLED "ANIMAL CONTROL". MOTION: Ordinance No. 3326 was read by title only. Mr. Jensen moved to adopt Ordinance No. 3326, which repeals PMC 8.04 entitled "Animal Control" and enacting PMC 8.02 entitled "Animal Control". Mr. Lathim seconded the motion. -6- MINUTES REGULAR MEETING PASCO CITY COUNCIL DECEMBER 7, 1998 MOTION: Ms. Francik moved to amend the ordinance and make the licensing of cats optional not mandatory. Ms. Francik felt that given the cost associated with having cats held for 3 days, that eventually are going to be euthanized, it's important that citizens understand that unlicensed cats will not be held longer than 24 hours. Mr. Garrison seconded the motion. Mr. Crutchfield explained that the licensing of cats could be viewed as an opportunity for responsible cat owners to help ensure that their cat is held for the longer time period and to help ensure that the owners are located. MOTION: Mr. Garrison moved to table the ordinance to give staff time to make language changes. Mr. Jackson seconded the motion. Motion carried (No - Francik, Jackson). Mr. Lathim felt the ordinance is good and he was in favor of cat licensing, however, he felt that the wild cats are the problem. Mr. Garrison concurred with Mr. Lathim and suggested that the City could buy traps and loan them to the public to help catch the wild cats. ORDINANCE NO. 3327 AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING PMC 3.05.020 "LEVY OF TAX"; AMENDING PMC 3.05.060 "EMERGENCY SERVICES" AMENDING THE DEFINITION OF EMERGENCY SERVICES AND PROVIDING FOR NON-EMERGENCY TRANSFER; AND AMENDING PMC 3.05.070 "SERVICE FEE ADJUSTMENT" PROVIDING FOR CITY AMBULANCE SERVICE RATES FOR NON-EMERGENCY RESIDENT TRANSFER AND NON- EMERGENCY TRANSFER. MOTION: Ordinance No. 3327 was read by title only. Mr. Garrison moved to adopt Ordinance No. 3327, amending PMC 3.05.020, 3.05.060 and 3.05.070 "Emergency Services". Mr. Lathim seconded the motion. Mr. Lathim explained that he had received calls from landlords who are opposed to being charged the tax for units that are vacant. Mr. Crutchfield explained that the tax is part of the water bill. It is attributed to each dwelling unit, however, there may be only one meter for the building. Staff would have no way of monitoring the occupancy of the dwelling units. The only way to change the system would require landlords to install individual meters and that would be cost prohibitive. Motion carried unanimously. RESOLUTION NO. 2413 A RESOLUTION ESTABLISHING RATES FOR PASCO CITY AMBULANCE SERVICE. -7- MINUTES REGULAR MEETING PASCO CITY COUNCIL DECEMBER 7, 1998 MOTION: Resolution No. 2413, was read by title only. Mr. Garrison moved to approve Resolution No. 2413, establishing rates for Pasco City Ambulance Service and superseding Resolution No. 2135. Mr. Lathim seconded the motion. Motion carried unanimously. ORDINANCE NO. 3328 AN ORDINANCE RELATING TO PARKING TIMES ON A PORTION OF MARGARET STREET AND AMENDING SECTION 10.56 OF THE PASCO MUNICIPAL CODE. MOTION: Ordinance No. 3328 was read by title only. Mr. Garrison moved to adopt Ordinance No. 3328, amending Section 10.56.110 Schedule VI "Parking Time Limited on Certain Streets" extending parking time limits to a new street. Mr. Lathim seconded the motion. Motion carried unanimously. UNFINISHED BUSINESS: None. NEW BUSINESS: Sale of City owned property fronting on West Clark Street to be used as a site for a new Rite Aid Drugstore: MOTION: Mr. Garrison moved to approve the real estate purchase and sale agreement with Nicholson Development Properties, LLC, for a 12,446 square foot parcel of land fronting on West Clark Street and authorize the City Manager to execute all documents necessary to effect the agreement. Mr. Lathim seconded the motion. Motion carried by unanimous roll call vote. MISCELLANEOUS - INCLUDING SUGGESTIONS FROM COUNCIL: ORDINANCE NO. 3329 AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE INITIATING OF A PETITION FOR CONDEMNATION OF ALL MINERAL RIGHTS TO CERTAIN PROPERTIES OWNED OR OCCUPIED BY THE CITY. MOTION: Ordinance No. 3329 was read by title only. Mr. Garrison moved to adopt Ordinance No. 3329, authorizing the initiating of a petition for condemnation of all mineral rights to certain properties owned or occupied by the city. Mr. Lathim seconded the motion. Motion carried unanimously. -8- MINUTES REGULAR MEETING PASCO CITY COUNCIL DECEMBER 7, 1998 ADJOURNMENT: N Ifurther busincss, the meeting was adjourned at 8:14 P.M. ,q f Charles D. Kilbury, Mayor ATTEST: Catherine D. Seaman Deputy City Clerk PASSED and APPROVED this _21 day of December 1998. -9-