HomeMy WebLinkAbout1999.08.16 Council Minutes MINUTES
REGULAR MEETING PASCO CITY COUNCIL AUGUST 16, 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, Chris
Jensen, Dan Lathim, Rebecca Francik, and Carl Strode.
Councilmember(s) absent: Michael Garrison. Also present: Gary
Crutchfield, City Manager; Gregg Haney, Acting 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; 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. Jensen 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
August 2, 1999.
B) Bills and Communications: To approve General Claims in the
amount of $1,518,090.86 ($121,542.18 being in the form of Wire
Transfer Nos. 3308, 3309 and 3311; and $1,396,548.68 consisting of
Claim Warrants numbered 115495 through 115758).
Bad Debt Write-offs: To approve bad debt write-offs for utility
billing, ambulance, miscellaneous, cemetery and Municipal Court
non-criminal, criminal and parking accounts receivable in the total
amount of $101,120.52, and of that amount, authorize $95,945.59
be turned over for collection.
C) Street Lighting Agreement with Big Bend Electric Cooperative, Inc.:
To accept the Street Lighting Agreement with Big Bend Electric
Cooperative, Inc., and further, to authorize the Mayor to execute
the agreement.
PROCLAMATIONS AND ACKNOWLEDGMENTS:
None.
VISITORS:
None.
REPORTS FROM COMMITTEES AND/OR OFFICERS:
None.
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MINUTES
REGULAR MEETING PASCO CITY COUNCIL AUGUST 16, 1999
PUBLIC HEARINGS:
Vacation - East/West Alley North of Block 2 Fann's Addition between
South 4th and South 51th Avenues (MF #99-44-)a - (continued from
regular meeting of August 2, 1999): Mr. David McDonald, City Planner,
gave a brief summary on this issue. Mr. McDonald explained that
testimony given at the public hearing on July 6th indicated that the
owners of Lots 1-5 and 9-11, Block 2, Fann's Addition were concerned
about the possible loss of access to their properties if the alley in
question was vacated. Prior to processing the vacation application
staff and Western Materials mutually agreed on a redesign of the alley
in question to insure continued or improved access was available to
most of the affected property owners. Western Materials was required
to have a surveyor layout a new alley and provide a deed for the alley.
The new alley would provide continued access to lots 1-4 and would
provide access to lot 5, which currently has no direct access to an
alley. The owners of lots 1-5 do not, and will not, lose access to an
alley. Under staffs proposal, vacating the existing alley coupled with a
dedication of a new alley will assure the owners of lots 1-5 access to
their rear yards.
Lots 10 and 11 have never had direct access to the alley in question.
These lots are separated from the alley by 60 to 78 feet of property
owned by Western Materials. Lots 10 and 11 do, however, have direct
access to public streets. Lot 10 has a driveway with access to "A"
Street and lot 11 has a driveway with access to South Fifth Avenue.
Vacating the alley through Western Materials property will not alter the
existing access to lots 10 and 11.
Western Materials has been negotiating with the owners of lots 10 and
11, to provide them with secondary access to their property. The
owners and contract purchasers of these lots have yet to sign access
agreements.
At this time staff is recommending that Council move forward and
vacate the alley to prepare the way for the dedication of a reconfigured
alley.
MAYOR KILBURY RECONVENED THE PUBLIC HEARING TO
CONSIDER THE VACATION OF THE EAST/WEST ALLEY NORTH OF
BLOCK 2 FANN'S ADDITION BETWEEN SOUTH 4TH AND SOUTH 5TH
AVENUES.
Ms. Phyllis Fairbanks, of 16 West "A" Street, objected to the proposed
driveway to be located beside her home because she felt it would be too
close to her house.
Ms. Fairbanks presented a petition to Council, with approximately sixty
signatures, that stated the following:
"The alley running in an east west direction along the
north side of Block 2, Fann's Addition between 4th and 5th
Streets, should not be vacated. It has existed as a public
right of way for more than 50 years. Although it has never
been recorded with the County Auditor, it exists by adverse
possession or preemptive right by virtue of the public's use
during the last half century or more.
The City's attorney, (Greg Rubstello), imparted this fact to
the Council at the August 15, 1994, meeting. There was an
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REGULAR MEETING PASCO CITY COUNCIL AUGUST 16, 1999
ordinance recognizing it (Ord. No. 602) passed September 2,
1947.
The undersigned object to the City relinquishing the
public's right to use this alley. It will severely impact the
individuals living next to it who have no on-street parking,
there is no means of access for garbage trucks and other to
visit their premises. These lots are narrow and rear access
is dependent upon use of the alley.
The undersigned petition the Council to deny the request
of Western Materials to vacate the alley."
Ms. Vicki (unclear), of 3102 W. 20th Avenue, Spokane, spoke in
opposition to the proposed vacation and stressed to Council the
existence of Ordinance No. 602, which recognized the existence of an
alley.
Mr. Haney explained that because the ordinance merely makes
reference to the easement, the ordinance does not, in itself, create the
easement. What does not appear to the on the records of the County
Assessor's office is an actual easement deed that clearly defines the
area by which this easement serves. The ordinance does not create
the easement, it merely makes reference to it.
Mr. Paul Baker, father to Ms. Fairbanks and previous owner of her lot,
felt that the alley in question existed because of the number of years it
has been used by the public to gain access to the back portions of the
lots abutting it.
Following three (3) calls from Mayor Kilbury for comments from the
floor, either for or against the public hearing was declared closed.
ORDINANCE NO. 3373
AN ORDINANCE VACATING THE EAST/WEST ALLEY
NORTH OF BLOCK 2 FANN'S ADDITION.
MOTION: Mr. Jensen moved to adopt Ordinance No. 3373, vacating the
east/west alley immediately north of Block 2 Fann's Addition. Ms.
Francik seconded the motion. Motion carried (No - Kilbury).
ORDINANCES/RESOLUTIONS NOT RELATED TO PUBLIC HEARINGS:
ORDINANCE NO. 3374
AN ORDINANCE PERMITTING THE DISPENSING AND
CONSUMPTION OF BEER AND WINE IN THE FARMER'S
MARKET AREA ADJACENT TO PEANUTS PARK AT THE
PASCO DOWNTOWN DEVELOPMENT ASSOCIATION HOE-
DOWN ON AUGUST 20, 1999.
MOTION: Ordinance No. 3374, was read by title only. Mr. Jensen
moved to adopt Ordinance No. 3374, allowing the Pasco Downtown
Development Association to dispense beer and wine in the Farmer's
Market area for its Hoe-down on August 20, 1999, in strict accordance
with State Liquor Board rules. Mr. Strode seconded the motion.
Motion carried unanimously.
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MINUTES
REGULAR MEETING PASCO CITY COUNCIL AUGUST 16, 1999
ORDINANCE NO. 3375
AN ORDINANCE PERMITTING THE DISPENSING AND
CONSUMPTION OF BEER AND WINE IN THE FARMER'S
MARKET AREA ADJACENT TO PEANUTS PARK AT THE
PASCO FIERY FOODS FESTIVAL ON SEPTEMBER 11TH AND
12TH, 1999.
MOTION: Ordinance No. 3375, was read by title only. Mr. Jensen
moved to adopt Ordinance No. 3375, allowing the Pasco Downtown
Development Association to dispense beer and wine in the Farmer's
Market area for its Fiery Foods Festival on September 11th and 12th,
1999, in strict accordance with State Liquor Board rules. Mr. Strode
seconded the motion. Motion carried unanimously.
UNFINISHED BUSINESS:
None.
NEW BUSINESS:
Western Materials Alley Deed (MF #99-54-I1:
MOTION: Mr. Jensen moved to accept the deed from Western
Materials for the purpose of establishing an alley on the north side of
Block 2 Fann's Addition. Ms. Francik seconded the motion. Motion
carried (No - Kilbury).
Professional Services Agreement with CKJT Architects, for the design
of the Fluoridation Building at the Water Filtration Plant:
MOTION: Mr. Jensen moved to approve the professional services
agreement for the design of the Fluoridation Building at the Water
Filtration Plant by CKJT Architects, and further, to authorize the Mayor
to execute the agreement. Mr. Strode seconded the motion. Motion
carried by unanimous roll call vote.
MISCELLANEOUS - INCLUDING SUGGESTIONS FROM COUNCIL:
Staff requested, and the Council concurred, to move the regularly
scheduled workshop of August 23, 1999, to August 30, 1999.
EXECUTIVE SESSION:
Mayor Kilbury recessed to an executive session at 7:31 p.m. to discuss
real estate acquisition and litigation.
ADJOURNMENT:
No further business, the regular meeting was adjourned after the
e xrcutive session.
r 4�jr, -IAI�
Char es D. Kilbury, kayor
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REGULAR MEETING PASCO CITY COUNCIL AUGUST 16, 1999
ATTEST:
Catherine D. Seaman
Deputy City Clerk
PASSED and APPROVED this 7th day of September, 1999.
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