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HomeMy WebLinkAbout2002.04.15 Council Minutes MINUTES REGULAR MEETING PASCO CITY COUNCIL APRIL 15, 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; Bob Alberts, Public Works Director; Dave McDonald, City Planner; Denis Austin, Police Chief; Richard Smith, Community & Economic Dev. Director; Tim Arntzen, Management Assistant; and Kurt Luhrs, Personnel Manager. 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 April 1, 2002. B) Bills and Communications: To approve General Claims in the amount of $1,735,903.59 ($23,216.99 being in the form of Wire Transfer No. 3754; and $1,712,686.60 consisting of Claim Warrants numbered 130457 through 130718). 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 $97,329.79 and, of that amount, authorize $93,086.10 be turned over for collection. C) Court Street Right-of-Way Deed (MF #02-36-I): To accept the deed from Antonio Garcia & Marilyn Kanehl dedicating a portion of land for the Court Street right-of-way. D) Sunset Lane and Road 80 Rights-of -Way Deed (MF #02-37-I): To accept the deed from Don & Robin Giese dedicating a portion of land for the Sunset Lane and Road 80 rights-of-way. E) Resolution No. 2655: To approve Resolution No. 2655, authorizing the sale of personal property surplus to city needs. F) Resolution No. 2656: To approve Resolution No. 2656, establishing primary goals for the City for calendar years 2002- 2003. PROCLAMATIONS AND ACKNOWLEDGMENTS: None. -1- MINUTES REGULAR MEETING PASCO CITY COUNCIL APRIL 15, 2002 VISITORS: Mr. Charles Hall, of 2512 Road 96, addressed Council with concerns about the West Pasco Water System. Mr. Hall explained that many years ago the water system was formed to provide water to the residents of west Pasco; however, now he has heard that west Pasco residents living outside the city limits will be unable to get that water. Mayor Garrison explained that the State Supreme Court recently ruled that the petition method of annexation has been ruled unconstitutional. The result of this ruling is that any future annexations will have to be voted on. Due to this ruling the outside utility agreements, which gave the City the right to vote in favor of annexation for that piece of property in return for water and sewer privileges, became worthless for annexation purposes. The City is now in the position of guarding the water resources for those already in the City. This poses the question of whether the City should provide water service to anyone outside the City limits. Mr. Crutchfield explained that Mr. Hall was making an assumption that the West Pasco Water System was under an obligation to provide water service to every property in west Pasco. The West Pasco Water System was a private water company that had a non-exclusive franchise to serve those properties it chose to service in the west Pasco area. There was no legal obligation for them to serve anyone. When the City of Pasco bought the system, all of the existing connections were maintained at that time and the City has since doubled the number of connections outside the city limits during the last ten years that the City has owned it through annexation agreements. The Court has said cities can no longer use those types of agreements, so the City is reviewing its policy as to whether or not it will permit any connections outside the city limits in the future and, if so, under what circumstances. REPORTS FROM COMMITTEES AND/OR OFFICERS: Mr. Kilbury explained that he had met with Burlington Railroad, the Tri- City Railroad and the Transit regarding transportation for those working at the vitrification plant, specifically a rail line that would pick them up at various locations and deliver them to the plant. PUBLIC HEARINGS: Street Vacation: A portion of Industrial Way (Port of Pasco) (MF #02-13- 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. Mr. McDonald explained that the Port of Pasco was requesting the vacation in anticipation of improvements at the Hillsboro Interchange. MAYOR GARRISON DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE STREET VACATION OF A PORTION OF INDUSTRIAL WAY. 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. -2- MINUTES REGULAR MEETING PASCO CITY COUNCIL APRIL I5, 2002 ORDINANCE NO. 3539 AN ORDINANCE VACATING A PORTION OF INDUSTRIAL,WAY. MOTION: Ms. Francik moved to adopt Ordinance No. 3539, vacating a portion of Industrial Way and to authorize publication by summary only. Mr. Strode seconded the motion. Motion carried unanimously. ORDINANCES/RESOLUTIONS NOT RELATED TO PUBLIC HEARINGS: Closed Record_ Hearing - Wilson Rezone (MF #01-96-4: Mr. Kerr gave a brief overview of the purpose of a closed record hearing, specifically, that Council would be limited to the evidence and reports presented by staff and the Planning Commission. Mayor Garrison asked if any Councilmembers had any conflict of interest with the applicant or any ex-parte communications, whether for or against, to declare. Mr. Kerr explained that ex-parte communications would be those communications received outside the closed record hearing. Ms. Francik stated that she has had Mr. Wilson approach her in person, and over the phone, requesting that she support his request for rezone. Ms. Francik stated she had also been approached by the Larsons, of Peppermint Terrace, and several of their neighbors (whose names are not known) urging her to deny the rezone request. Ms. Crawford explained that sometime ago, while serving on the Planning Commission, she oversaw a hearing regarding the Wilson property and since being elected to Council she has received two (2) calls from, and was approached by, Mr. Wilson urging her to vote in favor of the rezone request. Mr. Larsen explained that he had been approached by the Wilson's regarding their rezone request and he had attended Council meetings where there was discussion on this issue, before he was elected to Council. Mr. Kilbury stated that he had talked with Mr. Wilson regarding the rezone request before the Planning Commission tapes were lost, however, since that time he has not discussed the issue with anyone. Mr. Kerr stated that he didn't feel any Councilmembers would need to be excused from voting on this issue. Mayor Garrison asked if anyone in the audience felt any of the Councilmembers should be disqualified from voting on the issue, and hearing no objections stated Council would proceed. Mr. David McDonald noted for the record that each Councilmember had received a packet containing a transcription of the hearing before the Planning Commission. Within the transcript there were references to people pointing to maps. Those maps were not in the transcript. Mr. McDonald presented and gave a brief overview of the maps cited during the Planning Commission hearing. -3- MINUTES REGULAR MEETING PASCO CITY COUNCIL APRIL 15, 2002 Mr. Strode requested that Mr. McDonald explain the Comprehensive Plan and how it affects Council decisions regarding land use. Mr. McDonald explained that the Comprehensive Plan was developed to guide future development. Therefore, in the future, when property owners decide to develop their property they can request a rezone. During the rezone process the Comprehensive Plan will guide the decision of the Planning Commission and the Council regarding what type of land use is appropriate. Mayor Garrison asked Mr. McDonald to explain the reasons given by the Planning Commission for their denial of the rezone request. Mr. McDonald explained that those reasons were as follows: 1. The Wilson property is an island surrounded by residential uses. 2. The community has an abundance of commercial property particularly along the 1-182 corridor that is vacant and underutilized. 3. Property to the north of the irrigation canal has been zoned commercially since 1982 and has not developed. 4. Rezoning the property commercially could negatively impact the value of adjoining properties with homes next to commercial uses. 5. Access to the property is questionable. Mr. Strode asked if the Wilson request included a concomitant agreement that required a twenty (20) foot landscaped buffer zone between any commercial zoning and existing residential uses? Mr. McDonald confirmed that Mr. Strode read the conditions of the agreement correctly and explained that the standard is ten (10) feet. Mr. McDonald also explained, that as part of the agreement with the Wilson's, within the twenty (20) feet buffer would be dense vegetative development, which is unusual. Mr. McDonald then read the conditions of the concomitant agreement to the audience. Mr. Larsen expressed concern about an island of commercial zoning within residential zoning. Ms. Crawford asked if the rezone is approved could the property return to residential at a later date? Mr. McDonald stated that it could. Mr. Jackson asked if it was correct that the Comprehensive Plan designates the property in question as mixed residential/commercial? Mr. McDonald stated that was correct. MOTION: Mr. Kilbury moved to adopt the findings of fact as contained in the staff report to the Planning Commission. Mr. Strode seconded the motion. Ms. Francik stated she would vote against the motion because of the portion of property that wouldn't align with roads in other developments being included in the rezone request. Mr. McDonald explained that if, by chance, a small commercial building was built in the smaller sections behind the church that would lessen the opportunity to bring the property back to residential and once the -4- MINUTES REGULAR MEETING PASCO CITY COUNCIL APRIL 15, 2002 street pattern is set for residential development to the east of that area it would be difficult to get additional roads that make sense with the residential areas around it. Mr. Strode asked if staff receives a request from developers for permits are the developers allowed to put streets and other development features wherever they please? Mr. McDonald explained that developers would be required to submit an overall plan for the area; however, those opportunities will be somewhat diminished with the shape of the commercial zoning requested by the Wilson's. It wouldn't make as clean a subdivision. Mr. Kilbury requested action on the previous motion. Mayor Garrison requested a roll call vote on stopping further debate. Roll call carried by the following vote: Yes - Crawford, Jackson, Larsen, Kilbury, Strode; No - Francik, Garrison. Motion carried by unanimous roll call vote. MOTION: Based on the findings of fact as adopted Mr. Kilbury moved to adopt Ordinance No. 3540, rezoning the property in question from RS-12 and RS-20 to 58 Acres of C-1 and "O" with a concomitant agreement as requested by the Wilson Family and authorize publication by summary only. Mr. Strode seconded the motion. Mr. Strode seconded the motion. Motion carried by the following roll call vote: Yes - Larsen, Kilbury, Strode, Garrison, Crawford; No - Francik, Jackson. UNFINISHED BUSINESS: None. NEW BUSINESS: Interagency Agreement with Pasco School District: MOTION: Ms. Francik moved to approve the Interagency Agreement with the Pasco School District for police officers to provide law enforcement resource services and, further, authorize the City Manager to hire one additional police officer and include the revenue and expenses associated therewith in the 2002 General Fund Supplemental Budget. Mr. Strode seconded the motion. Motion carried by unanimous roll call vote. HOME Program - Community Housing__ Development Organization (CHDO) 2002 Funds: MOTION: Ms. Francik moved to approve the Memorandum of Agreement with Tri-County Partners, Habitat for Humanity to expend the City's HOME Community Housing Development Organization (CHDO) funds and, further, authorize the City Manager to sign the agreement. Mr. Strode seconded the motion. Motion carried unanimously. Kitchen Lease, Senior Center: MOTION: Ms. Francik moved to approve the lease for the Senior Center kitchen with Fine Host Corporation and to authorize the Mayor to -5- MINUTES REGULAR MEETING PASCO CITY COUNCIL APRIL 15, 2002 execute the agreement. Mr. Strode seconded the motion. Motion carried unanimously. MISCELLANEOUS - INCLUDING SUGGESTIONS FROM COUNCIL: MOTION: Mr. Kilbury moved to reschedule the workshop meeting of April 22, 2002 to April 29, 2002. Ms. Francik seconded the motion. Executive Session: Mayor Garrison recessed to an executive session at 8:20 p.m. for approximately 20 minutes to consider the acquisition of real estate, discuss enforcement action with legal counsel and discuss litigation or potential litigation with legal counsel. Mayor Garrison reconvened the regular meeting at 8:45 p.m. ADJOURNMENT: No further business, the meeting was adjourned at 8:46 p.m. APPROVED: ATTEST: Michael L. Garrison, Mayor Catherine D. Seaman, Deputy City Clerk PASSED and APPROVED this 6"' day of May, 2002. -6-