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