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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 - 1- MINUTES 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. -2- MINUTES 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. -3- MINUTES 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. -4- MINUTES 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. -5- MINUTES 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. -6- MINUTES 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. -7-