HomeMy WebLinkAbout1999.07.06 Council Minutes MINUTES
REGULAR MEETING PASCO CITY COUNCIL JULY 6, 1999
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: Joe Jackson, Dan
Lathim, and Rebecca Francik. Councilmembers absent: Michael
Garrison, Chris Jensen and Carl Strode. Also present: Gary
Crutchfield, City Manager•, Leland B. Kerr, City Attorney; Stan Strebel,
Administrative & Community Services Director; Erin Forrest, City
Engineer; Bob Alberts, Public Works Director; Dave McDonald, City
Planner; Denis Austin, Police Chief; Richard Smith, Community &
Economic Dev. Director; and Kurt Luhrs, Personnel/Risk Manager.
PLEDGE OF ALLEGIANCE:
The meeting was opened with the Pledge of Allegiance.
CONSENT AGENDA:
MOTION: Mr. Lathim moved to approve the Consent Agenda. Mr.
Jackson 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
June 21, 1999.
B) Bills and Communications: To approve General Claims in the
amount of $1,295,289.75 ($127,219.91 being in the form of Wire
Transfer Nos. 3295, 3297 and 3299; and $168,069.84 consisting of
Claim Warrants numbered 114796 through 115035).
Payroll Claims: To approve Payroll Claims in the amount of
$669,906.21; Payroll Voucher Nos. 16947 through 17236; and EFT
deposit Nos. 000203 through 000413.
C) Resolution No. 2462 - Proposed Vacation of the east/west 10 feet
of South Sycamore, Hugo and Waldemar Avenues and the
north/south 10 feet of Butte and Helena Streets located in
Kurtsman's First Addition: To approve Resolution No. 2462, fixing
7:00 p.m., August 2, 1999, as the time and date for a public hearing
to consider the proposed vacation.
D) Special Permit - Mini Storage/RV Storage, 416 N. 20th Avenue MF
#99-43-9=P): To approve the special permit for a mini storage/RV
storage facility at 416 N. 20th Avenue, as recommended by the
Planning Commission.
E) Special Permit - Daycare Center, northeast corner of lat Avenue
and Bonneville Street (MF #99-48-SP): To approve the special
permit for a daycare center at 1St Avenue and Bonneville Street, as
recommended by the Planning Commission.
F) Appointments to Senior Services Advisogy Committee: To concur
with the Mayor's appointments to the Senior Services Advisory
Committee, as follows:
Position No. 1 (term expiring 4/ l/02): Joe Balthazor
Position No. 2 (term expiring 4/ 1/02): Chester Wiggin
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REGULAR MEETING PASCO CITY COUNCIL JULY 6, 1999
Position No. 3 (term expiring 4/l/02): Gloria Anderson
Position No. 4 (term expiring 4/l/01): Gloria Garcia
G) Vote--by-Mail Election: To concur in the Franklin County Auditior's
recommendation that the September 1999 primary election be
conducted by mail only.
PROCLAMATIONS AND ACKNOWLEDGMENTS:
Yard of the Month Award: Mayor Kilbury presented Yard of the Month
Awards for June, 1999 to the following Pasco residents:
Marcellena Borgaz, 604 North Beech Avenue.
Jack & Dorothy Lockridge, 1212 West Jan Street (unable to
attend).
Larry & Fay Smith, 134 Camargo Lane (unable to attend).
Eleazar Trevino, 1723 North 23 Avenue.
Allen & Veda Johnson, 716 Road 37.
Donald & Betty Atkinson, 4210 Desert Place.
Jackie Campbell, 6703 Ruth Drive (unable to attend).
VISITORS:
This item was addressed by Mayor Kilbury after Item 8 - ORDINANCES
AND RESOLUTIONS NOT RELATING TO PUBLIC HEARING.
Mr. Russ Cazier, owner of the Subway at 2215 E. Hillsboro, addressed
Council regarding a certified letter he received for failure to comply with
back-flow prevention policies. Mr. Cazier was concerned because he
was given a very short amount of time to comply with the policy and he
had numerous questions for staff to answer.
Mr. Alberts suggested that Mr. Cazier meet with him and Jess
Greenough, Field Division Manager of Public Works, for answers to his
questions and help with a time extension.
REPORTS FROM COMMITTEES AND/OR OFFICERS:
None.
PUBLIC HEARINGS:
Vacation - Road Easement Along South Side of Proposed Island Estates
(MF #99-47-V): Mr. David McDonald, City Planner, addressed Council
and noted for the record that notice of the public hearing was
published and posted as required by law.
Mr. McDonald explained that Aho Construction discovered, while
preparing construction drawings for the proposed Island Estates
subdivision, that in 1975 Burlington Northern Railroad granted a 30
foot easement across the southern portion of Section 9, Township 9
North, Range 29 East W.M. to the County for road purposes. The road
easement now occupies the southern 30 feet of numerous building lots
that were approved as a part of the Island Estates preliminary plat. In
preparation for final platting Aho Construction is seeking vacation of
the easement.
MAYOR KILBURY DECLARED THE PUBLIC HEARING OPEN TO
CONSIDER THE PROPOSED VACATION OF A ROAD EASEMENT IN
SECTION 9, TOWNSHIP 9 NORTH, RANGE 29 EAST.
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REGULAR MEETING PASCO CITY COUNCIL JULY 6, 1999
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. 3366
AN ORDINANCE VACATING A ROAD EASEMENT I N
SECTION 9, TOWNSHIP 9 NORTH, RANGE 29 EAST.
MOTION: Ordinance No. 3366, was read by title only. Mr. Lathim
moved to adopt Ordinance No. 3366, vacating a certain road easement
in Section 9, Township 9 North, Range 29 East. Ms. Francik seconded
the motion. Motion carried unanimously.
Vacation - East/West Alley North of Block 2, Fann's Addition Between
South Fourth and South Fifth Avenues (MR #99-44-V): Mr. David
McDonald, City Planner, addressed Council and noted for the record
that notice of the public hearing was published and posted as required
by law.
Mr. McDonald explained that Western Materials, the majority owner of
the land in question, is planning to make improvements to their
property and asked that the question regarding the unrecorded alley
that divides their two (2) pieces of property be resolved.
The alley in question has never been officially established as a public
alley through the platting process or by recorded deed or easement.
Western Material's property description, as recorded with Franklin
County, does not identify an alley or easement along the southern
portion of the site. This has been confirmed by recent surveys of the
property. Western Materials owns all the property between Fann's
Addition on the south and vacated South Street on the north including
the property occupied by the alley in question.
In 1994 the City Engineer determined the alley in question was not a
public alley and Western Materials was issued a building permit for a
new building that extended into the alley. This effectively caused what
was being used for an alley to be closed.
Because an alley physically exists through the southern portion of the
Western Materials property, there is a possible cloud on the title to
the property. The City Attorney advised that to resolve questions
about this alley and avoid future litigation, the alley should be vacated.
To ensure the vacation of the alley would not eliminate access for
those lots that presently have direct access to the alley, staff has
informed Western Materials that a dedication of the reconfigured alley
would be required. Western Materials has provided a deed for a new
alley through the eastern portion of Lot 6 (abutting Lot 5) and along the
north of Lots 5 through 1. Lots 9 through 11 do not currently have
access, however, Western Materials has stated they are willing to work
with those property owners on the issue.
Ms. Francik asked what impact this action would have on square
footage requirements for Lots 9 through 11?
Mr. McDonald explained that the lots would become non-conforming
lots and would be grandfathered.
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REGULAR MEETING PASCO CITY COUNCIL JULY 6, 1999
Ms. Francik stated that, based on the types of materials sold by
Western Materials, the additional space owned by them could be used
for storage, heavy trucks moving in and out, etc.
Mr. McDonald agreed with her and explained that is done now, north of
the alley.
Mayor Kilbury stated that he has lived in Pasco long enough to
remember that the street that is now fourth lane use to be Bridge
Street and it extended the full length of Lot 6. Because it extended the
full length of Lot 6, when curbs were put in, a drop curb was installed
to allow vehicle access. Mayor Kilbury also remembers using the alley
in his Model A vehicle as well as seeing residents that lived there
driving off the back of their lots into the alley, using it as a road.
MAYOR KiLBURY DECLARED THE PUBLIC HEARING OPEN TO
CONSIDER THE PROPOSED VACATION OF THE EAST/WEST ALLEY
NORTH OF BLOCK 2, FANN'S ADDITION.
Ms. Phyllis Fairbanks, of 16 W. A St., spoke in opposition to the
proposed vacation. Ms. Fairbanks felt the alley should be left alone
and that the property owners should be allowed to continue to use it.
Ms. Fairbanks states she, as well as other property owners on her
block, were told their homes were not viable and she presented
pictures to show, that in her opinion, they were viable. Her pictures
also showed conditions on the property owned by Western Materials
where tumbleweeds, debris and trash were allowed to build up and
allowed to be blown by the wind into the yards of her and her
neighbors. Ms. Fairbanks also states that Western Materials has been
allowed to bring in mounds of dirt and they had not been compelled to
keep the dust from this dirt under control. Ms. Fairbanks also
presented packets of information for each councilmember.
Mr. Joe Diario, of 2817 W. Ella Street, spoke in opposition to the
proposed vacation.
Mr. Stan Martinkus, a representative of Western Materials, spoke in
favor of the proposed vacation and felt the issue before Council is
about an alley without a title. Mr. Martinkus explained that Western
Materials is willing to exchange property to ensure that his company
would have a reasonable way to expand and yet establish property title
to the alley. The proposed action would give undiminished access to
Lots 1 through 4, it would improve the access for Lot 5, while Lots 9
through 11 (which are currently driving on Western Materials property
to get to their property) would be worked with.
Ms. Carol Martell, 902 E. 6 Avenue, Kennewick, spoke in opposition to
the proposed vacation because of the adverse affect it would have on
Ms. Fairbanks (her cousin) and other residents.
Mr. Chuck Beaver, of 15504 N. Demoss Rd, Benton City, also spoke
against the proposed vacation because of the adverse affect it would
have on Ms. Fairbanks (his sister). Mr. Beaver felt Council should
conduct a thorough investigation before making a decision.
Mr. Nick (Unclear), of 3131 W. Hood, Kennewick, spoke on behalf of
Loretta Smith (Lot 9) in opposition to the proposed vacation on the
grounds that Ms. Smith, and her family, have used Lot 6 since 1958 for
parking and to gain access to the alley behind her property.
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REGULAR MEETING PASCO CITY COUNCIL JULY 6, 1999
Mr. Paul Beaver (previous owner of Lot 5), of 1303 Watkum Street,
Yakima, was opposed to the proposed vacation on the grounds that his
family has used Lot 6 and the alley for many years.
Mr. Dave Stevenson (son-in-law to Ms. Loretta Smith), of 250 Marianne
Way, Mesa, WA, spoke against the proposed vacation and felt if the
alley was vacated it would have an adverse affect on Ms. Smith in
regards to access to the rear of her property and to parking. Mr.
Stevenson felt that the City, by holding a public hearing to vacate an
alley that it says doesn't exist on any records, is recognizing it as an
alley.
Ms. Loretta Reed, of 321 W. 12 Avenue, Kennewick, asked how many
feet were between the property line of Western Materials and the back
yards of Lots 9 through 11 because, if Western Materials is actually
going to fence the property line along those lots, the fence will be very
close to their homes. Ms. Reed felt people should be aware of how
close a fence would be.
Mr. (unclear) Trevino, of 44 (unclear), Richland, was opposed to the
proposed vacation and felt something should be worked out for the
property owners.
Ms. Loretta Smith, of 19 W. A Street, spoke in opposition of the
proposed vacation and stated she has lived in her present home for
fifty years and used the alley behind her home for access all these
years.
Ms. Brenda (unclear), of 1215 S. (unclear) Road, felt Council should
take into consideration the fact that families, with children, live on the
block.
Mr. Martinkus explained that Western Materials would like to do the
right thing and be fair to the property owners involved, specifically, Lots
9 through 11 in regards to deeding a 20 foot alley for access along those
lots, however, doing this would substantially reduces the size of the
lots. It was not the intention of Western Materials to do anything with
their property that abutt Lots 9 through 11 at this time. The issue of
parking on Lot 6 is the fact that the residents have been using that lot
when it wasn't their property.
Mr. Chuck Beaver felt the City should take no action until after any
civil action has been decided by the Courts.
Mr. Crutchfield urged Council to continue the hearing to allow staff do
a thorough legal research on the City position and, possibly, allow staff
to set up talks between property owners and Western Materials to see
if a viable solution can be reached.
Ms. Monica (no last name given), of 14 W. A Street, was opposed to the
proposed vacation and felt Council should understand that there are a
lot of young children in the area and this action would significantly
reduce the area they have for play in and grow up in.
MOTION: Ms. Francik moved to continue the hearing to the first
regular Council Meeting in August, 1999. Mr. Lathim seconded the
motion.
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REGULAR MEETING PASCO CITY COUNCIL JULY 6, 1999
Mr. Lathim explained that he understood the emotional feelings of
those present, however, Council would have to make a decision based
on sound judgement and legalities, not emotion.
Motion carried unanimously.
ORDINANCES/RESOLUTIONS NOT RELATED TO PUBLIC HEARINGS:
ORDINANCE NO. 3367
AN ORDINANCE AMENDING PMC TITLE 17 DEALING
WITH OFF-PREMISE SIGNS.
MOTION: Ordinance No. 3367, was read by title only. Mr. Lathim
moved to adopt Ordinance No. 3367, amending the sign code relating to
off-premise signs and, authorize publication by summary only. Ms.
Francik seconded the motion. Motion carried unanimously.
UNFINISHED BUSINESS:
None.
NEW BUSINESS:
Acceptance of Deed for Alley, North Side of Block 2 Fann's Addition:
Mayor Kilbury continued this item until the first regular meeting of
August, 1999.
Final Plat - Desert Oasis, Phase 1 (MF #99-57-FP):
MOTION: Mr. Lathim moved to approve the final plan for Desert Oasis,
Phase I. Mr. Jackson seconded the motion. Motion carried
unanimously.
Award of 14th Avenue Sewer Relay Contract, Project No. 99-1-04:
MOTION: Mr. Lathim moved to award the bid for the 14th Avenue Sewer
Relay Contract, Project No. 99-1-04, to the low bidder, Ray Poland and
Sons, Inc., in the amount of $170,222 plus sales tax, and further, to
authorize the Mayor to sign the contract documents. Mr. Jackson
seconded the motion. Motion carried by unanimous roll call vote.
Award of the 1999 Sewer Line Replacement Contract. Project No. 99-_1-
01:
MOTION: Mr. Lathim moved to award the bid for the 1999 Sewer Line
Replacement Contract, Project NO. 99-1-01, to the low bid, Watts
Construction, Inc., in the amount of $113,554 plus sales tax, and
further, to authorize the Mayor to sign the contract documents. Mr.
Jackson seconded the motion. Motion carried by unanimous roll call
vote.
Agreement for CBC Sewer Line:
MOTION: Mr. Lathim moved to approve the agreement with Columbia
Basin College for the installation of a sewer collection line on college
property, and further, to authorize the Mayor to sign the agreement.
Mr. Jackson seconded the motion. Motion carried by unanimous roll
call vote.
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REGULAR MEETING PASCO CITY COUNCIL JULY 6, 1999
MISCELLANEOUS - INCLUDING SUGGESTIONS FROM COUNCIL:
None.
ADJOURNMENT:
No further business, the meeting was adjourned at 8:53 P.M.
r
Charles D. Kilbury, ayor
ATTEST:
Catherine D. Seaman
Deputy City Clerk
PASSED and APPROVED this 19th day of July, 1999.
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