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HomeMy WebLinkAbout2002.03.04 Council Minutes MINUTES REGULAR MEETING PASCO CITY COUNCIL MARCH 4, 2002 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, 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; Erin Forrest, City Engineer; Bob Alberts, Public Works Director; Dave McDonald, City Planner; Greg Garcia, Fire Chief: 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 carried by unanimous roll call vote. Consent items are as follows: A) Approval of Minutes: To approve minutes of the Regular Meeting dated February 19, 2002. B) Bills and Communications: To approve General Claims in the amount of $444,108.79 ($27,581.97 being in the form of Wire Transfer Nos. 3732 and 3737; and $416,526.82 consisting of Claim Warrants numbered 129779 through 129980). Payroll Claims: To approve Payroll Claims in the amount of $972,263.76; Payroll Voucher Nos. 025055 through 025215; and EFT Deposit Nos. 009994 through 010317. C) Acceptance of Sanitary Sewer Easement - PresbAery - Central Washington: To accept the Sanitary Sewer Easement as granted by Presbytery - Central Washington and, further, to authorize the City Manager to sign the Easement. D) Service Agreement with TRIDEC: To approve the Industrial Recruitment Participation Agreement with TRIDEC and, further, authorize the Mayor to sign the agreement. E) Emergency Fire/EMS Study: To approve the Professional Services Agreement with TriData Corporation and, further, authorize the City Manager to sign the agreement. F) Professional Services Agreement with Permit Surveying for Vertical Datum Monumentation: To approve the Professional Services Agreement with Permit Surveying, Inc., for Vertical Datum Monumentation not to exceed $25,000. G) Professional Services Agreement with SCM Consultants. Inc.. for On-going Professional Services: To approve the Professional Services Agreement with SCM Consultants, Inc., for on-going Professional Services not to exceed $80,000. -1- MINUTES REGULAR MEETING PASCO CITY COUNCIL MARCH 4, 2002 H) Resolution No 2646 a Resolution fixing the time and date for a public hearing to consider the vacation of a portion of Industrial Way: To approve Resolution No. 2646, fixing 7:00 p.m., April 15, 2002 as the time and date for a public hearing to consider a proposed vacation. I) Resolution No. 2647 a Resolution accepting work by Paragon Construction Com gn Inc. under contract for Project No. 01-2- 11 Butterfield Solids Decantin D 'n Beds: To approve Resolution No. 2647, accepting the work performed by Paragon Construction Company, Inc., for the Butterfield Solids Decanting/Drying Beds, Project No. 01-2-11. J) Resolution No 2648 a Resolution accepting work by Sharpe & Preszler Construction Company, Inc., under contract for Project No. 01-5-01, Redwood Plaza: To approve Resolution No. 2648, accepting the work performed by Sharpe & Preszler Construction Company, Inc., under contract for Redwood Plaza, Project No. 01- 5-01. K) Resolution No 2649 a Resolution accepting work by- A & B Asphalt Inc under contract for Project No. 01-3-06, 2001 CBD Sidewalks/Handicap Ramps: To approve Resolution No. 2649, accepting the work performed by A & B Asphalt, Inc., for the 2001 CBD Sidewalks/Handicap Ramps, Project No. 01-3-06. L) Resolution No. 2650, a Resolution regarding the sale of surplus property in the vicinity of TRAC for the development of a hotel: To approve Resolution No. 2650, authorizing the City Manager to negotiate an agreement for the sale of 3 acres of surplus property located near TRAC for the development of a hotel. PROCLAMATIONS AND ACKNOWLEDGMENTS: The Arc of the Tri-Cities Proclamation Presentation. Mayor Garrison presented a proclamation for "Developmental Disabilities Awareness Month" to Judy Fetrow, Executive Director The Arc of the Tri-Cities and Teri Reinkins "People First" representative. VISITORS: None. REPORTS FROM COMMITTEES AND/OR OFFICERS: None. PUBLIC HEARINGS: None. ORDINANCES/RESOLUTIONS NOT RELATED TO PUBLIC HEARINGS: ORDINANCE NO. 3534 AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING SECTION 8.02.360 "PENALTY PROVISIONS" AND SECTION 11.02.010 "APPLICABILITY OF CHAPTER" PROVIDING ALTERNATIVE ADMINISTRATIVE -2- MINUTES REGULAR MEETING PASCO CITY COUNCIL MARCH 4, 2002 DETERMINATION OF ANIMAL CODE VIOLATIONS BEFORE THE PASCO CODE ENFORCEMENT BOARD. MOTION: Ms. Francik moved to adopt Ordinance No. 3534, amending Sections 8.02.360 and 11.02.010 of the Pasco Municipal Code providing for alternative administrative determination of animal control violations before the Pasco Code Enforcement Board, and to authorize publication by summary only. Mr. Strode seconded the motion. Ms. Crawford asked for testimony from Mr. Bruce Young, Animal Control of Tri-Cities, regarding whether the proposed changes would help or hinder him in the performance of his duties? Mr. Bruce Young did not feel the proposed changes would create a problem for him and that any procedure that helped get animals licensed so they could be returned to their owners, if picked up, would be of benefit. Mr. Larsen disagreed with the proposed changes to the code and stated that he felt Mr. Smith was an undue influence on the decisions made by the members of the Code Enforcement Board and that those cited for non-compliance with regard to animal licensing should be heard by a court separate from the City. Ms. Shelley Dugas, owner of duplex located at 902 S. 9`hAve., objected to landlords being held responsible, and being expected to pay fines of their tenants, because a tenant fails to license a pet. Mr. Smith explained that the Code Enforcement Board would work with the landlord in their attempt to resolve the problem, i.e., getting their tenant to either license the pet or remove the pet from the property. Usually, just receiving the notice of civil violation, is enough to get the tenant to comply with the code. Mr. Strode called for the question. Mr. Gerald Dagel, owner of rental property in Pasco, also objected to the landlord being held responsible for tenants not licensing their pets because linking the violation to the property, not just the pet owner, would lead to the need for attorneys. Mr. Dagel felt Animal Control should just impound the pet if the owner fails to comply with the notice of civil violation. Mr. Crutchfield made the observation that the Code Enforcement Board is, in essence, like a small claims court. Attorneys are not necessary and its there to resolve civil matters like animal licensing. Mr. Strode asked that the call for the question be enforced. Motion carried by the following roll call vote: (Yes - Jackson, Strode, Francik, Garrison; No - Crawford, Larsen, Kilbury). ORDINANCE NO. 3535 AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING THE ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATED IN THE SOUTHEAST QUARTER OF SECTION 28, TOWNSHIP 9 NORTH, RANGE 30 EAST FROM C-3 (GENERAL -3- MINUTES REGULAR MEETING PASCO CITY COUNCIL MARCH 4, 2002 COMMERCIAL) TO RFAH-1 (RESIDENTIAL FACTORY ASSEMBLED HOME). MOTION: Ms. Francik moved to adopt Ordinance No. 3535, granting a rezone from C-3 to RFAH-1 as recommended by the Planning Commission and authorize publication by summary only. Mr. Strode seconded the motion. Motion carried unanimously. RESOLUTION NO. 2651 A RESOLUTION APPROVING A PRELIMINARY PLAT FOR GREEN HILL ADDITION. MOTION: Ms. Francik moved to approve Resolution No. 2651, approving the preliminary plat for Green Hill Addition. Mr. Strode seconded the motion. Ms. Crawford felt that Council and staff should be more pro-active regarding water conservation and would like to see planned developments more water conservative. Mr. McDonald explained that the proposed preliminary plat could not be required to change their proposal at this time because they made application for a rezone and a preliminary plat under the rules as they exist currently; however, the rules could be changed for any future proposals to include requirements for water conservation. Mr. Crutchfield observed that subdivision standards, as they exist, would have to be applied to the proposed preliminary plat; however, landscaping requirements are a zoning requirement and don't apply in making the decision on the subdivision. The applicant is asking Council for the right to divide the property as authorized by the subdivision laws of the State and the City. If Council were to change the zoning requirement that 50% of the front yard must be grassed, then all of the lots in this subdivision would be subject to the new standard. Zoning regulations apply to all land within the city limits, while subdivision standards apply only to the piece of property in question at the time of division. Motion carried unanimously. UNFINISHED BUSINESS: Award of LID 139, Project No. 00-3-12: MOTION: Ms. Francik moved to award the bid for LID 139, 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. Motion carried by unanimous roll call vote. NEW BUSINESS: Rezone (Appeal) RS-12 (Residential Suburban) to "O" (Office) and C-1 (Retail Business) located south of the FCID Canal and between Road 100 and Crescent Drive (Wilson Family Trust) (MF #01-96-Z): MOTION: Ms. Francik moved to remand the Wilson appeal of a zoning recommendation under Master File #96-Z to the Planning Commission -4- MINUTES REGULAR MEETING PASCO CITY COUNCIL MARCH 4, 2002 for a public hearing for the purpose of rehearing. Mr. Strode seconded the motion. Mr. Kilbury felt it was unfortunate that this issue has been handled in this manner; however, he didn't see any other solution than to remand the matter back to the Planning Commission for a repeat of the public hearing. Ms. Crawford expressed her regrets to Mr. & Mrs. Wilson that this matter was delayed due to the loss of the hearing record. Motion carried unanimously. General Fire Apparatus Agrreement: MOTION: Ms. Francik moved to approve the agreement with General Fire Apparatus to refurbish Grass 81 and, further, authorize the City Manager to sign the agreement. Mr. Strode seconded the motion. Motion carried unanimously. Final Plat: Broadmoor Place Phase I. (85 Lots) (Summit Property Development) (MF #02-02-FP): MOTION: Ms. Francik moved to approve the final plat for Broadmoor Place Phase I. Mr. Strode seconded the motion. Motion carried unanimously. Special Permit: Location of a Mini-Storage Facility in a C-1 Zone. (Northeast corner of East Lewis & Lewis Place) (MF #01-49-SP): MOTION: Ms. Francik moved to approve the special permit for the location of a Mini-Storage Facility at the northeast corner of East Lewis and Lewis Place, as recommended by the Planning Commission. Mr. Strode seconded the motion. Motion carried unanimously. Special Permit: Church at 411 W. Clark (Iglesia Christiana Ebenezer_ Pentecostes) (MF #02-03-SP): MOTION: Ms. Francik moved to approve the special permit for the Iglesia Christiana Ebenezer Pentecostes Church, at 411 W. Clark, as recommended by the Planning Commission. Mr. Strode seconded the motion. Motion carried unanimously. Special Permit: Residences on second floor in a C-1 Zone at 720 W. Lewis (Robert Mitchell) fMF #02-08-SP): MOTION: Ms. Francik moved to approve the special permit for residences on the second floor of the building at 720 W. Lewis Street, as recommended by the Planning Commission. Mr. Strode seconded the motion. MOTION: Mr. Kilbury moved to hold a closed record hearing to consider this matter to determine if additional information is required. Mr. Larsen seconded the motion. Mr. Strode stated the request for a special permit was incompliance with the Comprehensive Plan and zoning regulations and there is nothing in the code for any restriction of the use of this type of property as proposed. -5- MINUTES REGULAR MEETING PASCO CITY COUNCIL MARCH 4, 2002 Mr. Crutchfield reminded Council that it is questionable whether the property owner is obligated to obtain a special permit to use his property in the fashion requested. It was suggested to the property owner that this might be the case and, at staff's request, he voluntarily agreed to go through the special permit process. As such, and with the conditions attached to the special permit, he would be obligated to abide by them. If this matter goes back for reconsideration, staff may end up dealing with the question of whether or not the property owner is obligated to get a special permit. Now would be the time to place appropriate conditions on the property. Mr. Kilbury expressed concern for any children living on the second floor with vehicles and businesses located beneath them and felt the matter should be discussed at a public hearing. Ms. Crawford agreed with Mr. Kilbury and was concerned with, literally, stacking high density residential over commercial zoning. Motion to amend failed by the following roll call vote: (Yes - Larsen, Kilbury, Crawford; No -Jackson, Strode, Francik, Garrison). Original motion carried by unanimous roll call vote. MISCELLANEOUS - INCLUDING SUGGESTIONS FROM COUNCIL: Landscaping Requirements: Ms. Crawford moved that landscaping requirements be reviewed by the Planning Commission, both residential and commercial zoning categories, and look at the options available for encouraging more water conservative landscaping. Mr. Kilbury seconded the motion. Mr. Strode opposed the motion because he felt staff has enough to do at the present and felt this issue could be addressed at a later time. Mr. Strode didn't want to burden staff with such a huge project that he felt would not have any substantive results. Ms. Francik stated she was interested in xeriscaping and how it might be implemented in the community, but was cautious about requiring it because she didn't want to impose her expectations on other people. Ms. Francik asked Ms. Crawford if her request could be narrowed to have staff look into the pro's and con's of xeriscaping and how it might be implemented in Pasco? Ms. Crawford was specifically concerned for commercial properties who pay for sewer charges based on water consumption and felt that they would see considerable savings if they put in plantings that would live on drip systems. Mr. Crutchfield pointed out that, at the request of the property owner, the City will install meters for irrigation purposes. These meters are not charged sewer fees, just a base fee for water service plus consumption. Mr. Crutchfield also pointed out that the Council Retreat is coming up and, perhaps, that would be a better forum to discuss whether or not staff and the Planning Commission should undertake a study of this issue. Mr. Jackson agreed that this issue should be discussed at the Council Retreat. -6- MINUTES REGULAR MEETING PASCO CITY COUNCIL MARCH 4, 2002 Motion failed by the following roll call vote: Yes - Kilbury, Crawford, Larsen; No - Strode Francik, Garrison, Jackson. Executive Session: Mayor Garrison recessed to an executive session at 8:05 p.m. for approximately 10 minutes to receive and evaluate complaints or charges brought against a City officers or employee. Mayor Garrison reconvened the regular meeting at 8:15 p.m. ADJOURNMENT: No further business, the meeting was adjourned at 8:17 P.M. APPROVED: ATTEST: Michael L. Garrison, Mayor Catherine D. Seaman, Deputy City Clerk PASSED and APPROVED this 18th day of March, 2002. -7-