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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. -1 - 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 -2- MINUTES 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. -3- 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 -4- MINUTES REGULAR MEETING PASCO CITY COUNCIL AUGUST 16, 1999 ATTEST: Catherine D. Seaman Deputy City Clerk PASSED and APPROVED this 7th day of September, 1999. -5-