HomeMy WebLinkAbout2002.02.19 Council Minutes MINUTES
REGULAR MEETING PASCO CITY COUNCIL FEBRUARY 19, 2002
CALL TO ORDER:
The meeting was called to order at 7:00 P.M. by Michael L. Garrison,
Mayor.
ROLL CALL:
By City Clerk. Councilmembers present: Charles D. Kilbury, Joe
Jackson, Eileen Crawford, Michael Garrison, Tom Larsen, Rebecca
Francik, and Carl Strode. Also present: Gary Crutchfield, City Manager;
Leland B. Kerr, City Attorney; Stan Strebel, Administrative & Community
Services Director; Greg Garcia, Fire Chief, Bob Alberts, Public Works
Director; Dave McDonald, City Planner; Denis Austin, Police Chief;
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. Mr.
Strode seconded the motion.
MOTION: Mr. Strode moved to amend the Consent Agenda by removing
Item 3(e) - Resolution No. 2644 and placing it under New Business as
Item 10(d). Mr. Larsen seconded the motion. Motion as amended carried
by unanimous roll call vote. Consent items are as follows:
A) Approval of Minutes: To approve minutes of the Regular Meeting
dated February 4, 2002.
B) Bills and Communications: To approve General Claims in the
amount of $873,060.77 ($36,391.81 being in the form of Wire
Transfer Nos. 3730 and 3731; and $836,668.96 consisting of
Claim Warrants numbered 129543 through 129778).
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 $117,007.31, and of that amount, authorize
$113,395.60 be turned over for collection.
C) Agreement with Pasco Housing Authority for the use of HOME
funds to Development Owner-Occupied housing within the
Redwood Addition: To authorize the City Manager to enter into a
project sub recipient agreement with the Pasco Housing Authority
to use HOME funds for the development of owner-occupied
housing within the Redwood Addition.
D) Juvenile Justice Center Agreement: to approve the agreement with
the Benton-Franklin Counties Juvenile Justice Center for
detention of juveniles and, further, authorize the City Manager to
sign the agreement.
E) Resolution No. 2644: See New Business Item 10(d).
F) Resolution No. 2645: To approve Resolution No. 2645, approving
an hourly wage plan for Temporary/Seasonal classifications.
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REGULAR MEETING PASCO CITY COUNCIL FEBRUARY 19, 2002
PROCLAMATIONS AND ACKNOWLEDGMENTS:
None.
VISITORS:
None.
REPORTS FROM COMMITTEES AND/OR OFFICERS:
None.
PUBLIC HEARINGS:
Annexation: Road 54 to Road 100 Area (MF #01-28-A): 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 last fall a group of property owners within
the proposed annexation area approached Council requesting to be
annexed. The proposed annexation area would encompass
approximately 600 acres, 300 homes and approximately 880 residents.
Mr. Strode asked what the impact the proposed zoning regulations would
have on residents in the proposed area?
Mr. McDonald explained that in 1999 the City and Franklin County
adopted zoning regulations that are, virtually, identical as required by
the Growth Management Act of 1990.
Mr. Crutchfield gave an explanation of a flyer that was distributed to
households throughout the proposed area regarding annexation
agreements being used by the City as votes in favor of annexation. Mr.
Crutchfield explained that the individual that wrote the flyer had a
significant misunderstanding of the facts. In reality, of the 212
signatures on the 60% petition, 80 of the signatures represent properties
that had signed annexation agreements committing to future annexation
at the time that water service was applied for. The other 63% of the
signatures were current signatures volunteered by owners of property
within the annexation area. The flyer suggested that only about 18%, by
value, of the property in the area was petitioning to be annexed, which is
blatantly false. The actual number is 40 - 501)/o and these numbers plus
the signed agreements constitute the legal requirement of 60%. The use
of outside annexation agreements has been a long-standing practice of
cities, in this state as well as others, and has been reviewed thoroughly
by the State Supreme Court. That Court has returned the decision that
this practice is a lawful exercise of City policy.
Mr. Crutchfield felt that beyond the legal issue is the notion that
somehow there is something wrong with the use of those agreements;
however, the important thing to keep in mind is that the City's use of
these agreements is an effort of the City to accommodate change in an
urbanizing area. When utilities are extended in advance of annexation,
the City has the choice of saying no one outside the incorporated city
limits can use the utility line or to allow owners of property that are
adjacent to the utilities to use them on the promise they will agree to
annex when the City feels it's time to annex. This is the essence of the
use of annexation agreements. It's an option that makes utility services
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REGULAR MEETING PASCO CITY COUNCIL FEBRUARY 19, 2002
available in the near term for the residents in unincorporated areas
without the City giving up the ability to annex in the long run.
Mr. Strode pointed out that current residents of the City, through
property taxes and utility bills, pay for the cost of the infrastructure and
plant maintenance and operation for water and sewer service.
Mr. Larsen stated he was in favor of the West Pasco area eventually being
part of the City, however, he felt the situation should be handled in such
a way the new residents would feel comfortable coming in. Mr. Larsen
felt they should know that they weren't being placed under that kind of
duress when applying for water service.
Mr. Kilbury stated that City services are for the citizens of the
incorporated areas of the City and the State Supreme Court has upheld
the cities' right to use annexation agreements.
MAYOR GARRISON DECLARED THE PUBLIC HEARING OPEN TO
CONSIDER THE ANNEXATION OF THE ROAD 54 TO ROAD 100 AREA.
Mr. Jim Nelson, of 7505 W. Court St., spoke against the annexation
stating he felt that coming under City regulations would severely limit
what he would be allowed to do with his property and would like to be
removed from the proposed annexation.
Mr. Richard Menke, of 7517 W. Court St., spoke against the annexation
because he felt the negatives out-weighed the positives and stated he
would like to be removed from the proposed annexation.
Mr. Robert Madson, of 1213 Road 68, felt a vote for or against
annexation should be placed before residents of the entire
unincorporated area of Riverview instead of piecemeal annexations of the
area.
Mr. Bill Hansen, of 1600 Road 80, was opposed to annexation and felt he
was being coerced to do so.
Mr. Robert McGinnis, of 7800 W. River Blvd., asked who pays for a sewer
trunk line?
Mayor Garrison explained that the City installs the trunk line and as
property owners connect to the line they are charged for front footage.
Mr. Crutchfield suggested that the proposed annexation should be the
focus of questions and comments and that anyone interested in
discussing sewer installation or LID's could meet with him after the
meeting.
Ms. Nadine Highland, of 2205 Road 94, felt Council should listen to the
comments being made, i.e., that the 60% majority being used by the City
does not reflect the desires of a majority of the residents.
Mr. Tom Bruns, 7824 W. River Blvd., expressed concern regarding zoning
designations and that the Riverview area should maintain a rural
atmosphere.
Mr. Clarence Alford, of 1906 Cherry Lane, asked if the fee currently
charged for stormwater is insufficient would the difference be paid by the
land owner either through a use charge or an increase in taxes?
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REGULAR MEETING PASCO CITY COUNCIL FEBRUARY 19, 2002
Mr. Crutchfield explained that stormwater regulations are still being
developed by the State Department of Ecology as required by Federal
EPA. The City expects to be required to comply with those regulations by
the end of the year; however, how much that is going to cost is still
unknown.
Mr. Alford then asked how the additional area being covered by Police
and Fire would be paid for?
Mr. Crutchfield explained that those costs can be offset by the increase
in revenue from the annexed area.
Mr. Kilbury wanted to point out that the City has arranged for fire
protection from three stations and as a result the fire response time for
anywhere in the City is six minutes.
Mr. Mike Easterday, of 1405 Road 77, was opposed to the annexation
and felt a fair way to decide the issue would be to put it to a vote of the
people.
Mr. Allan Kowalski, of 8521 Roberts Drive, asked what improvements
would be made in the parks once the area was annexed?
Mr. Crutchfield explained that Chiawana and Rivershore Parks,
specifically the bike path, are leased by Franklin County from the Corps.
of Engineers, as such are under the control of the County.
Mr. Bill Smyth, of 7912 Sunset Lane, spoke in opposition of the proposed
annexation because he didn't feel he would gain anything, but he would
be subjected to additional regulations.
Mr. Wayne Burk, of 8700 Whipple, spoke on behalf of Faith Assembly
Christian Center in favor of the proposed annexation.
Ms. Valoria Loveland, of 10004 W. Court St., expressed her concerns
about the confusion sometimes created for police and fire responses
when they have to cross jurisdictional lines because of the island of
Franklin Co. left inside the incorporated City limits of Pasco.
Ms. Francik asked Ms. Loveland if she would share with the audience
what it cost her to install a new septic system several years ago?
Ms. Loveland explained that she had to remove three feet of ground, a
number of trees and put a pump station in for a cost of just under
$10,000.
Mayor Garrison pointed out that a property owner with a well and
functioning septic system would be given the option of connecting to City
water and sewer lines, they would not be required to connect unless
either of those systems failed.
Following three (3) calls from Mayor Garrison for comments from the
floor, either for or against, the public hearing was declared closed.
ORDINANCE NO. 3532
AN ORDINANCE RELATING TO ANNEXATION AND
ANNEXING CERTAIN REAL PROPERTY TO THE CITY OF
PASCO.
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REGULAR.MEETING PASCO CITY COUNCIL FEBRUARY 19, 2002
MOTION: Ms. Francik moved to adopt Ordinance No. 3532, annexing
certain real property to the City of Pasco. Mr. Strode seconded the
motion.
Mr. Strode felt that Council has listened to the people who requested
annexation and he was voting in the affirmative and he urged fellow
Councilmembers to do likewise.
Mr. Kilbury pointed out that the Council was proceeding with this issue
in accordance with the law.
Mr. Larsen stated he was going to vote no for reasons previously stated.
Motion carried (No - Larsen).
ORDINANCE NO. 3533
AN ORDINANCE ASSIGNING ZONING TO CERTAIN REAL
PROPERTY WITHIN THE CITY OF PASCO.
MOTION: Ms. Francik moved to adopt Ordinance No. 3533, establishing
zoning for the Road 54 to Road 100 annexation area. Mr. Strode
seconded the motion. Motion carried unanimously.
ORDINANCES/RESOLUTIONS NOT RELATED TO PUBLIC HEARINGS:
None.
UNFINISHED BUSINESS:
None.
NEW BUSINESS:
International Union of Operating Engineers Local #280 Contract:
MOTION: Ms. Francik moved to approve the three-year Collective
Bargaining Agreement with the International Union of Operating
Engineers Local #280 and authorize the Mayor to sign the agreement.
Mr. Strode seconded the motion. Motion carried unanimously.
Award LID 139, Project No. 00-3-12:
MOTION: Ms. Francik moved to award the bid for LID 130, Project No.
00-3-12, to Rotschy, Inc., in the amount of $389,327.76 including sales
tax and, further, to authorize the Mayor to sign the contract documents.
Mr. Strode seconded the motion.
Mr. Crutchfield explained that right-of-way issues would require this
item to be tabled for two weeks.
MOTION: Mr. Strode moved to table this item for two weeks until the
next regular meeting of the Council. Ms. Francik seconded the motion.
Motion carried unanimously.
USGS & USPS Leases at the Downtown Post Office Building:
MOTION: Ms. Francik moved to approve a lease with the US Geological
Survey for the continuation of occupancy in the downtown Federal
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REGULAR MEETING PASCO CITY COUNCIL FEBRUARY 19, 2002
Building/Post Office Building and authorize the City Manager to sign the
lease documents. Mr. Strode seconded the motion.
Mr. Larsen expressed concern about future costs to maintain this facility
increasing.
Mr. Crutchfield explained that both agencies leasing this building have
language in their agreements that they will pay their fair share of
utilities.
Motion carried unanimously.
MOTION: Ms. Francik moved to approve a lease with the US Postal
Service for the continuation of occupancy in the downtown Federal
Building/Post Office Building and authorize the City Manager to sign the
lease documents. Mr. Strode seconded the motion. Motion carried
unanimously.
Resolution No. 2644
A RESOLUTION APPROVING AN INVESTMENT POLICY TO
GOVERN INVESTMENT OF CITY FUNDS.
MOTION: Ms. Francik moved to approve Resolution No. 2644, approving
an investment policy to govern investment of City funds. Mr. Strode
seconded the motion.
Mr. Larsen felt the City would gain a better return on its investments if it
continued investing with the State because the investment base would be
larger and wider.
Mr. Chase explained that the State does not invest the City's money. The
City invests its money in the Local Government Investment Pool, which is
managed by the State; however, it is the City's choice to place
investments through them or to find our own investments and determine
for ourselves the length of the investment term.
Motion carried unanimously.
MISCELLANEOUS - INCLUDING SUGGESTIONS FROM COUNCIL:
Executive Session:
Mayor Garrison recessed to an executive session at 8:45 p.m. for
approximately 15 minutes to establish sale price or lease amount of real
estate.
Mayor Garrison reconvened the regular meeting at 9:05 p.m.
ADJOURNMENT:
No further business, the meeting was adjourned at 9:06 P.M.
APPROVED: ATTEST:
Michael L. son, Mayor Catherine D. Seaman, Deputy City Clerk
PASSED and APPROVED this 4'r' day of March, 2002.
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