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HomeMy WebLinkAbout2001.06.18 Council Minutes MINUTES REGULAR MEETING PASCO CITY COUNCIL JUNE 18, 2001 CALL TO ORDER: The meeting was called to order at 7:00 P.M. by Michael L. Garrison, Mayor. ROLL CALL: By Deputy City Clerk. Councilmembers present: Charles D. Kilbury, Joe Jackson, Chris Jensen, Michael Garrison, Dan Lathim, Rebecca Francik, and Carl Strode. Also present: Gary Crutchfield, City Manager; Leland B. Kerr, City Attorney; Stan Strebel, Administrative & Community Services Director; Erin Forrest, City Engineer; Dave McDonald, City Planner; Richard Smith, Community & Economic Dev. Director; and Tim Arntzen, Management Assistant. PLEDGE OF ALLEGIANCE: The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: MOTION: Ms. Francik moved to approve the Consent Agenda as amended with Item 0) - Acceptance of Quit Claim Deed — Tower West -- Rd 68 Widening, being removed from the agenda. Mr. Strode seconded the motion. Motion carried by unanimous roll call vote. Consent items are as follows: A) Approval of Minutes: To approve minutes of the Regular Meeting held June 4, 2001. B) Bills and Communications: To approve General Claims in the amount of $1,028,948.34 ($23,829.35 being in the form of Wire Transfer No. 3617 and 3618; and $1,005,118.99 consisting of Claim Warrants numbered 125980through 126220). 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 $102,734.66, and of that amount, authorize $101,077.49 be turned over for collection. C) New Position — Additional Heavy Equipment Operator: To authorize an additional Heavy Equipment Operator position in the Public Works Department and, further, authorize the City Manager to fill the position within current budget appropriations. D) Agreement with Pasco Housing Authority for the use of HOME funds to develop Owner-Occupied Housing on a Five (5)Acre Parcel known as the Redwood Subdivision: To authorize the City Manager to enter into a Project Subrecipient Agreement with the Pasco Housing Authority to use HOME funds for the development of owner-occupied housing on the Redwood Plaza site. E) Amendment to Consortium Agreement for Kennewick, Pasco and Richland under the HOME Program: To approve the HOME Cooperative Agreement between the cities of Pasco, Kennewick and Richland for program year 2002-2004 and, further, authorize the Mayor to sign the agreement. -1- MINUTES REGULAR MEETING PASCO CITY COUNCIL JUNE 18, 2001 F) Agreement for Relocation of Riverview Substation: To approve the agreement for relocation of the Riverview Substation and authorize the City Manager to execute the agreement. G) Amendment No. 2 to the Economic & Engineering Services (EES) Professional Services Agreement for Water Rights: To authorize the Mayor to execute Amendment No. 2 to the EES Professional Services Agreement. H) Community Service Facility Moratorium (MF #00-38-I): To set 7:00 p.m., Monday, July 2, 2001 as the time and date to conduct a public hearing to consider extending the moratorium for community service facilities. I) Final Plat — Desert Plateau Phase 4 (MF #01-38-FP): To approve the final plat for Desert Plateau Phase 4. J) Item removed from Consent Agenda. K) Resolution No. 2596: To approve Resolution No. 2596, accepting the work performed by Sierra Electric Inc., under contract for the 2000 Traffic Signal Improvements Project No. 00-4-01. L) Resolution No. 2597: To approve Resolution No. 2597, authorizing the sale of personal property surplus to City needs. PROCLAMATIONS AND ACKNOWLEDGMENTS: None. VISITORS: None. REPORTS FROM COMMITTEES AND/OR OFFICERS: Sacajawea Park Board: Ms. Francik reported that recently she was appointed chairperson of the Sacajawea Park Board, working with the Tri- Cities Visitor & Convention Bureau, and was informed that an artist wishes to provide public art commemorating the Lewis & Clark Expedition. Sacajawea Park is one of four sites being studied. Mexican Soccer Tournament: Mr. Lathim helped welcome the Mexican Soccer Tournament on June 16, 2001. B.F. Transit Board of Directors Meeting — June 14, 2001: Mr. Garrison reported that following the failure of the proposed tax levy the Board will hold a retreat in July, 2001, to discuss the funding alternatives available to the Transit. PUBLIC HEARINGS: Vacation — Street & Alley Vacation — Blocks 3 & 4 Pettit's Addition (MF#01- 32-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. -2- MINUTES REGULAR MEETING PASCO CITY COUNCIL JUNE 18, 2001 Mr. McDonald explained that a retail company is in the process of planning and developing a new retail facility near the corner of 10'h Avenue and Lewis Street. To accommodate this development affected property owners have filed a petition requesting the vacation of a portion of South 9' Avenue and an adjoining alley. Staff has identified several utility concerns associated with this proposed vacation and have explained those concerns to the developer. The developer understands he is financially responsible for any and all utility relocation costs. MAYOR GARRISON DECLARED THE PUBLIC HEARING OPEN TO CONSIDER VACATION OF A PORTION OF SOUTH NINTH AVENUE AND THE NOR/SOUTH ALLEY IN BLOCK 4, PETTIT'S ADDITION. Following three (3) calls from Mayor Garrison for comments from the floor, either for or against, and there being none, the public hearing was declared closed. ORDINANCE NO. 3474 AN ORDINANCE VACATING A PORTION OF SOUTH NINTH AVENUE AND THE NORTH/SOUTH ALLEY IN BLOCK 4 PETTIT'S ADDITION. MOTION: Ordinance No. 3474, was read by title only. Mr. Jensen moved to adopt Ordinance No. 3474, vacating a portion of South Ninth Avenue and the north/south alley in Block 4 Pettit's Addition. Mr. Lathim seconded the motion. Motion carried unanimously. Mayor Garrison amended the order in which the agenda would be followed and opened the discussion of Item 8(a) — An ordinance dealing with planting strips and drainage swales. Pro osed Amendment of PMC 12.12 - Plantina Strips and Drainage Swales: Mr. McDonald informed Council that on April 19, 2001, the Planning Commission held a workshop to discuss the need to clarify the definitions and landscape requirements for planting strips and drainage swales. Following their discussion the consensus was that the code should be amended to eliminate confusion between permitted improvements for planting strips verses engineer approved requirements for drainage swales. Mr. McDonald explained that within the City there are two distinct types of improvements between the street and sidewalk where the sidewalk is set back from the street. For example, many of the neighborhoods south of Court Street have an 8 t o 10 feet strip of land between the curb and sidewalks and is called a planting strip. The PMC permits a combination of live vegetative covers to be grown in planting strips. In the Desert Plateau and Desert Oasis area, where there is no curb or gutter, the strip of land between the edge of the street and the sidewalk is referred to as a swale or drainage swale. The approved subdivision drawings for drainage swales call for a grass cover over the swales. The difference in terminology and landscape requirements for planting strips and swales creates confusion for application of the requirements. The proposed code amendment will eliminate this confusion. -3- MINUTES REGULAR MEETING PASCO CITY COUNCIL JUNE 18, 2001 Mr. Strode asked if the proposed code amendment would change how planting strips or drainage swales would be maintained? Mr. McDonald explained that the only changes were to the definitions used for planting strips and drainage swales. Ms. Sally Simmons, of 2821 E. Vineyard Dr., asked for clarification regarding the requirement for irrigation if the planting strips are planted with plants that require irrigation? Mr. McDonald explained that the proposed ordinance creates a specific definition for planting strips and drainage swales therefore different things are to be planted in each. Drainage swales will be required to be covered with grass or lawn normally grown in Franklin County, however, trees may be planted in conformance with previous sections and with from the list of appropriate trees as provided by staff. Planting strips are allowed a combination of shrubs and living ground cover. Mr. Strode asked if the code for drainage swales was consistent with the design details on the original plats for the properties in question? Mr. McDonald stated that was correct. Mr. Mark Hyman, representing Carol Coker of 4515 Sinai Dr., felt the proposed ordinance would make changes to requirements for drainage swales and asked that Council postpone making a decision on the amendment until an environmental impact statement could be made. Mr. (unclear) presented a petition stating the signees' desire to use drought tolerant landscaping on private property including easement areas. Mr. McDonald explained that an environmental assesment would have been done at the beginning of the platting process. There is no difference in the environmental impact to the area with drainage swales than was factored in originally, when the subdivision was platted; therefore, the original impact study still holds. MOTION: Mr. Kilbury moved to table the ordinance for six months. Motion died for lack of a second. Mr. Jensen felt the original decision for drainage swales in the subdivision was the correct decision and he still supports it. Mr. Lathim stated that he likes the desert design and it's his understanding that a person can plant whatever type of garden and lawn setting they like in their back yard. Mr. McDonald confirmed this. Mr. Jackson asked if his understanding was correct that the proposed code amendment was only for clarification purposes? Mr. McDonald explained that the amendment would clarify the existing code concerning planting strips and outline engineering and planting requirements for drainage swales. -4- MINUTES REGULAR MEETING PASCO CITY COUNCIL JUNE 18, 2001 Mr. James Espinoza, of 4517 Baja Dr., felt it would be appropriate to "grandfather" the situation as it currently exists and make sure new developments meet code requirements. Mr. Bruce Davis, of 4509 N. 44th Pl., urged Council to go ahead and do a SEPA check list for the subdivision before making a decision on the code amendment. Ms. Eileen Crawford, of 4506 Yuma Dr., felt the information and notices sent to residents by staff should have been in Spanish for those who don't speak English. Ms. Wendy Brock, 4516 Saguaro Dr., stated that the PMC says a drainage swale is part of a Stormwater system and, therefore, owned by the City. Ms. Brock felt that if this was the case, the City could maintain it since it is technically their property. Ms. Amanda Aguilar, of 4714 Kalahari Dr., stated that when the City removed the gravel from her drainage swale it was also removed from her driveway and she can't get into her driveway unless she's willing to damage the underside of her vehicle. Mr. Don Morton, spoke for Ms. Dorothy Branam of 4619 Saguaro Dr., who appreciated the removal of her gravel, however, the drainage swales were dug pretty deeply and planting grass or laying sod is not going to bring them up to the level required. Mr. Scott Wilburn, of 4507 Baja Dr., stated that removing the gravel from his drainage swales would increase the time it takes him to mow his lawn and increase his water consumption. Ms. Simmons again addressed Council to explain that she is a PHD Botanist and there are native plants that are capable, and superior to, sod or grass in taking up Stormwater. Ms. Simmons also offered her services to staff to help with a study of drought tolerant native plants. Ms. Lavon Wharton, representing her Mother at 4619 Saguaro Dr., was concerned about how her mother, who is living on a fixed income, would be able to replace the dirt that was removed with the gravel from her drainage swale. Dirt will have to be brought in because the drainage swale is much too deep. Mr. Crutchfield took down the address and stated staff would help find an agency that would help Ms. Wharton's mother. Mr. Dave Aguliar, of 4714 Kalahari Dr., felt it was unfair to require new homeowners, who hadn't been told about the drainage swale situation by the people they bought their homes from, to comply with the deadline given to everybody else. ORDINANCE NO. 3475 AN ORDINANCE AMENDING PMC 12.12 DEALING WITH TREES AND SHRUBS AND AMENDING PROVISIONS FOR PLANTING STRIPS AND CREATING NEW PROVISIONS FOR DRAINAGE SWALES. -5- MINUTES REGULAR MEETING PASCO CITY COUNCIL JUNE 18, 2001 MOTION: Ordinance No. 3475, was read by title only. Ms. Francik moved to adopt Ordinance No. 3475, amending PMC Chapter 12.12 dealing with planting strips and drainage swales and authorize publication by summary. Mr. Jensen seconded the motion. Motion carried (No — Kilbury). Mayor Garrison requested that staff look at the petition and consider the comments made regarding drought resistant grasses. After a brief discussion regarding the compliance deadline, it was agreed by consensus of Council that all property would be given until September let to comply. Six-Year Transportation Plan 2002-2007: Mr. Erin Forrest, City Engineer, addressed Council explaining that each year all cities and counties in the State are required to adopt an updated six-year transportation improvement program. For the City of Pasco, this plan has consisted primarily of the annual overlays funded through the overlay fund with the addition of other identified projects that appear to be reasonable for the near future. This year's program also contains several other miscellaneous programs including storm drainage, street improvements, street lighting, and traffic signal upgrades. MAYOR GARRISON DECLARED THE PUBLIC HEARING OPEN TO CONSIDER ADOPTING THE REVISED AND EXTENDED COMPREHENSIVE STREET, STORM DRAIN AND BRIDGE PROGRAMS FOR THE CITY OF PASCO. Mr. R.E. McReynolds, of 2220 Rd. 34, asked if the pedestrian overpass across Highway 395 would allow pedestrians to go across on either side of Court Street on the overpass? Mr. Crutchfield explained that a pedestrian overpass would be built similar to the overpass across 20t'Avenue by Robert Frost School. Mr. David Wilson, of 10723 W. Court Street, addressed Council to request that the extension of Road 100 to the north (that was included in the TIP in past years) be added back into the TIP. Following three (3) calls from Mayor Garrison for comments from the floor, either for or against, the public hearing was declared closed. RESOLUTION NO. 2598 A RESOLUTION ADOPTING THE REVISED AND EXTENDED COMPREHENSIVE STREET, STORM DRAIN AND BRIDGE PROGRAMS FOR THE CITY OF PASCO. MOTION: Resolution No. 2598, was read by title only. Mr. Strode moved to approve Resolution No. 2598, with the inclusion of Road 100 Extension in the year 2007, thereby adopting the City's Six-year Transportation Improvement Program for 2002 through 2007. Ms. Francik seconded the motion. Motion carried unanimously. Voting Districts: Mr. Crutchfield explained that the City has long been divided into five Council districts for the purpose of assuring the broadest representation on the City Council. PMC Chapter 1.10 (as recently amended) provides that the five districts shall be approximately the same size, determined on the number of residents; that no district shall be more than 25% greater or smaller than another district; that the revision of such -6- MINUTES REGULAR MEETING PASCO CITY COUNCIL JUNE 18, 2001 boundaries shall not occur less than 60 days prior to a general election; nor shall the districts be revised within 20 months after being revised. State law requires the districts to be within a 10% parameter (no greater or lesser than 10% of any other district). The City received the 2000 federal census population data from the State last week and has coordinated with the Franklin County Auditor's office to obtain voting precinct information. Staff has developed a map of the City reflecting current County voting precinct boundaries, current Council district voting boundaries and 2000 federal census population data. In addition to the Council district boundary revisions, Council should consider further amendment of PMC Chapter 1.10 as follows: The 25% variation rule should be changed to 10% to reflect statutory requirements. The 20-month time limit for further revision of Council district boundaries should be reduced; that threshold should perhaps be at 12 months but not more than 18 months. The primary reason for doing so is to allow the greatest flexibility for the Council to respond to future population changes, which may be the result of either a mid-decade census or annexations. MAYOR GARRISON DECLARED THE PUBLIC HEARING OPEN TO CONSIDER CITY COUNCIL VOTING DISTRICTS. Following three (3) calls from Mayor Garrison for comments from the floor, either for or against, and there being none, the public hearing was declared closed. Council directed staff to prepare the appropriate ordinance to effect the proposed changes and schedule a special meeting on June 25, 2001 for Council action. ORDINANCES/RESOLUTIONS NOT RELATED TO PUBLIC HEARINGS: None. UNFINISHED BUSINESS: None. NEW BUSINESS: None. MISCELLANEOUS - INCLUDING SUGGESTIONS FROM COUNCIL: Franklin Conservation District: Mr. Crutchfield explained that the Franklin Conservation District brought it to his attention that part of the City is in the Conservation District and part of it isn't. As a consequence it needs to be determined what the voting rights are of properties in the City, with respect to the Conservation District. The simple answer is to have the City either all in or all out of the Conservation District. It was staffs recommendation that Council remove the City from the Conservation District. -7-