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HomeMy WebLinkAbout2002.12.02 Council Minutes MINUTES REGULAR MEETING PASCO CITY COUNCIL DECEMBER 2, 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, and Carl Strode. Councilmember(s) absent: Rebecca Francik. Also present: Gary Crutchfield, City Manager; Leland B. Kerr, City Attorney; Stan Strebel, Administrative & Community Services Director; Bob Alberts, Public Works Director; Greg Garcia, Fire Chief; Dave McDonald, City Planner; Denis Austin, Police Chief, Richard Smith, Community & Economic Dev. Director. PLEDGE OF ALLEGIANCE: The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: MOTION: Mr. Strode moved to approve the Consent Agenda as amended. Mr. Jackson 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 November 18, 2002. B) Bills and Communications: To approve General Claims in the amount of $459,669.13 ($26,495.54 being in the form of Wire Transfer No. 3861; and $433,173.59 consisting of Claim Warrants numbered 134017 through 134191). Payroll Claims: To approve Payroll Claims in the amount of $1,505,374.14; Payroll Voucher Nos. 027023 through 027313; and EFT Deposit Nos. 13167 through 13674. C) Waiver of Utility Service Requirement PMC Chapter 16.06 (Nelson property) (MF #02-77-I): To approve the sewer utility service waiver requested by James and Vikki Nelson. D) Waiver of Utility Service Requirement PMC Chapter 16.06 (Edwin Thiessen) (MF #02-160-11: (Removed from agenda.) E) Right-of-Way Deed for Streets in Highland Park (MF #02-159-I): To accept the deed from Copper Basin Construction, Inc., dedicating land for street right-of-way in Highland Park Homes. F) Resolution No. 2711: To approve Resolution No. 2711, authorizing the sale of personal property surplus to city needs. G) Resolution No. 2712 - approving the Interlocal Agreement with the City of Kennewick for Regional Convention Center Financing. (Moved from consent agenda to become item S(n).) PROCLAMATIONS AND ACKNOWLEDGMENTS: None. -1- MINUTES REGULAR MEETING PASCO CITY COUNCIL DECEMBER 2, 2002 VISITORS: None. REPORTS FROM COMMITTEES AND/OR OFFICERS: None. PUBLIC HEARINGS: Street Vacation - Portions of Idaho Avenue and Pueblo Street in Frey's Addition (MF #02-154-V): MAYOR GARRISON DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE VACATION OF PORTIONS OF IDAHO AVENUE AND PUEBLO STREET IN FREY'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. 3584 AN ORDINANCE VACATING A PORTION OF IDAHO AVENUE AND PUEBLO STREET IN FREY'S ADDITION. MOTION: Mr. Strode moved to adopt Ordinance No. 3584, vacating portions of Idaho Avenue and Pueblo Street in the Frey's Addition and authorize publication by summary only. Mr. Jackson seconded the motion. Motion carried unanimously. 2003 Annual Operating; and Capital Improvements Projects Budgets: Mr. Chase gave a brief explanation of several changes to the 2003 Operating Budget and gave a brief overview of the budget and funding sources. MAYOR GARRISON DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE 2003 ANNUAL OPERATING BUDGET. 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. 3585 AN ORDINANCE ADOPTING THE CITY OF PASCO OPERATING BUDGET FOR THE YEAR 2003. MOTION: Mr. Strode moved for the first reading by title only of Ordinance No. 3585, for consideration of the 2003 Annual Operating Budget. Mr. Jackson seconded the motion. Mr. Larsen stated he would vote no per the wishes of a single constituent who was unhappy with the efforts of the Code Enforcement department Motion carried (No - Larsen). Mr. Chase gave a brief overview of the 2003 Capital Improvement Budget and funding sources. -2- MINUTES REGULAR MEETING PASCO CITY COUNCIL DECEMBER 2, 2002 MAYOR GARRISON DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE 2003 CAPITAL IMPROVEMENT BUDGET. 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. 3586 AN ORDINANCE ADOPTING THE CITY OF PASCO CAPITAL PROJECTS BUDGET FOR THE YEAR 2003. MOTION: Mr. Strode moved for the first reading by title only of Ordinance No. 3586, for consideration of the 2003 Capital Projects Budget. Mr. Jackson seconded the motion. Motion carried unanimously. ORDINANCES/RESOLUTIONS NOT RELATED TO PUBLIC HEARINGS: ORDINANCE NO. 3587 AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING THE ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATED IN SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 9 NORTH, RANGE 29 EAST, W.M., FROM RT (RESIDENTIAL TRANSITION) TO R-1 (LOW DENSITY RESIDENTIAL) WITH A CONCOMITANT AGREEMENT. MOTION: Mr. Strode moved to adopt Ordinance No. 3587, granting a rezone to R. C. Olin, from RT to R-1 with a concomitant agreement as recommended by the Planning Commission and authorize publication by summary only. Mr. Jackson seconded the motion. Motion carried unanimously. ORDINANCE NO. 3588 AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING THE ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATED IN THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 9 NORTH, RANGE 29 EAST, W.M., FROM R-1 (LOW DENSITY RESIDENTIAL) WITH CONDITIONS TO R-1 (LOW DENSITY RESIDENTIAL) WITH A CONCOMITANT AGREEMENT. MOTION: Mr. Strode moved to adopt Ordinance No. 3588, granting a rezone to Neighborhood Inc., from R-I with conditions to R-1 with a concomitant agreement as recommended by the Planning Commission and authorize publication by summary only. Mr. Jackson seconded the motion. Motion carried unanimously. ORDINANCE NO. 3589 AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON AMENDING THE ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATED IN SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 9 NORTH, RANGE 29 EAST, W.M., FROM C-1 (RETAIL BUSINESS) AND R-S-12 (SUBURBAN RESIDENTIAL) TO R-4 (HIGH DENSITY RESIDENTIAL) WITH A CONCOMITANT AGREEMENT. -3- MINUTES REGULAR MEETING PASCO CITY COUNCIL DECEMBER 2, 2002 MOTION: Mr. Strode moved to adopt Ordinance No. 3589, granting a rezone to Robert Young, from C-1 and RS-12 to R-4 with a concomitant agreement as recommended by the Planning Commission and authorize publication by summary only. Mr. Strode seconded the motion. Motion carried unanimously. Mr. Jackson seconded the motion. Motion carried unanimously. ORDINANCE NO. 3590 AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING THE ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATED IN THE NORTHEAST QUARTER OF SECTION 8, TOWNSHIP 9 NORTH, RANGE 29 EAST, W.M., FROM RT (RESIDENTIAL TRANSITION) TO R-1 (LOW DENSITY RESIDENTIAL) WITH A CONCOMITANT AGREEMENT. MOTION: Mr. Strode moved to adopt Ordinance No. 3590, granting a rezone to Dennis Pavlina, from RT to R-I with a concomitant agreement as recommended by the Planning Commission and authorize publication by summary only. Mr. Jackson seconded the motion. Motion carried unanimously. ORDINANCE NO. 3591 AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING CHAPTER 9.61 OF THE PASCO MUNICIPAL CODE REGARDING NOISE REGULATION. MOTION: Mr. Strode moved to adopt Ordinance No. 3591, amending Chapter 9.61 of the Pasco Municipal Code entitled "Noise Regulation" and to authorize publication by summary only. Mr. Jackson seconded the motion. Motion carried unanimously. ORDINANCE NO. 3592 AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING CHAPTER 5.25 OF THE PASCO MUNICIPAL CODE ENTITLED "SPECIAL EVENTS AND ENTERTAINMENT" OF TITLE 5 (BUSINESS LICENSES AND REGULATIONS). MOTION: Mr. Strode moved to adopt Ordinance No. 3592, amending Chapter 5.25 of the Pasco Municipal Code entitled "Special Events and Entertainment" and to authorize publication by summary only. Mr. Jackson seconded the motion. Motion carried unanimously. RESOLUTION NO. 2713 A RESOLUTION ADOPTING THE NAME OF "ISLAND PARK' FOR THE NEW PARK LOCATED ON WRIGLEY DRIVE BETWEEN DUNDAS LANE AND FLORES LANE AND "HERITAGE PARK" FOR THE NEW PARK LOCATED BETWEEN ROAD 42 AND 44 AT PARK STREET. MOTION: Mr. Strode moved to approve Resolution No. 2713, naming certain parks. Mr. Jackson seconded the motion. -4- MINUTES REGULAR MEETING PASCO CITY COUNCIL DECEMBER 2, 2002 MOTION: Mr. Larsen moved the amend the motion to read Johnson Heritage Park instead of Heritage Park. Motion failed due to lack of second. Original motion carried (No - Larsen). RESOLUTION NO. 2714 A RESOLUTION APPROVING A PRELIMINARY PLAT FOR WADE'S PLAT. MOTION: Mr. Strode moved to approve Resolution No. 2714, approving the preliminary plat for Wade's Plat. Mr. Jackson seconded the motion. Motion carried unanimously. PRELIMINARY PLAT FOR WILSON MEADOWS: Mr. Crutchfield explained that the following six plats have an issue with storm drainage. Three of the six plats were recommended by the Planning Commission with a condition that would require the applicant to comply with rules that might be defined by the City sometime in the future. The attorney would point out that this is unlawful, simply because neither the City nor the applicant can identify what the rules are going to be and without some ability to understand and determine whether you agree with something, it's probably unlawful to require a commitment to that. The other three plats involve variations of conditions regarding stormwater drainage, as well as one involving a large open space recommendation, which the Planning Commission didn't give sufficient consideration to the long term financial impact on the City. Because of these reasons staff recommends that all six plats be individually remanded back to the Planning Commission for reconsideration. MOTION: Mr. Strode moved to remand the preliminary plat for Wilson Meadows to the Planning Commission for reconsideration of the conditions regarding stormwater drainage at the Planning Commission's December meeting. Mr. Jackson seconded the motion. Mr. Larsen questioned City policy regarding swales vs. curbs and gutters? Mr. Crutchfield explained that the recommendation for remand on Wilson Meadows was because the stormwater drainage condition includes the phrase "subject to review and determination by the City Attorney", which is not a lawful condition. Ms. Crawford was concerned with trying to accommodate the State's need regarding stormwater drainage, that the City would just be building a bigger mouse trap. Ms. Crawford was also concerned about the naming of Argent Place or Loop and the problems it could create for emergency services. MOTION: Ms. Crawford moved to amend the motion for remand to include reconsideration of item No. 11 the naming of Argent Loop. Mr. Larsen seconded the motion. Amended motion failed by the following roll call vote: Yes - Crawford, Larsen, Kilbury; No - Garrison, Jackson, Strode. Original motion carried unanimously. -5- MINUTES REGULAR MEETING PASCO CITY COUNCIL DECEMBER 2, 2002 PRELIMINARY PLAT FOR RIVER SHORE ESTATES: MOTION: Mr. Strode moved to remand the preliminary plat for River Shore Estates to the Planning Commission for reconsideration of the conditions regarding stormwater drainage at the Planning Commission's December meeting. Mr. Jackson seconded the motion. Motion carried unanimously. PRELIMINARY PLAT FOR LOVIISA FARMS: MOTION: Mr. Strode moved to remand the preliminary plat for Loviisa Farms to the Planning Commission for reconsideration of the conditions regarding stormwater drainage at the Planning Commission's December meeting. Mr. Jackson seconded the motion. Motion carried unanimously. PRELIMINARY PLAT FOR Columbia Place: MOTION: Mr. Strode moved to remand the preliminary plat for Columbia Place to the Planning Commission for reconsideration of the conditions regarding stormwater drainage at the Planning Commission's December meeting. Mr. Jackson seconded the motion. Motion carried unanimously. PRELIMINARY PLAT FOR HERITAGE VILLAGE: MOTION: Mr. Strode moved to remand the preliminary plat for Heritage Village to the Planning Commission for reconsideration of the conditions regarding stormwater drainage at the Planning Commission's December meeting. Mr. Jackson seconded the motion. Motion carried unanimously. PRELIMINARY PLAT FOR THE VILLAGE AT PASCO HEIGHTS: MOTION: Mr. Strode moved to remand the preliminary plat for the Village at Pasco Heights to the Planning Commission for reconsideration of the conditions regarding stormwater drainage and for open space at the Planning Commission's December meeting. Mr. Jackson seconded the motion. Motion carried unanimously. Public Facilities District Convention Center Financing: Mr. Larsen expressed his desire that the monies from the State be used in Pasco and not used for a project in Kennewick. Mayor Garrison explained that Pasco would have to create a $10 million project to be eligible to receive them from the State; if not, Pasco would receive nothing at all. RESOLUTION NO. 2712 A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING PASCO PUBLIC FACILITIES DISTRICT'S PARTICIPATION IN A REGIONAL CENTER BY INTERLOCAL AGREEMENT; COLLECTION OF SALES AND USE TAX FUNDS PURSUANT TO RCW 82.14.390; AND AUTHORIZING THE MAYOR TO SIGN THE CONVENTION CENTER FINANCING INTERLOCAL AGREEMENT WITH THE CITY OF KENNEWICK, WASHINGTON. -6- MINUTES REGULAR MEETING PASCO CITY COUNCIL DECEMBER 2, 2002 MOTION: Mr. Strode moved to approve Resolution No. 2712, approving the interlocal agreement with the City of Kennewick for Regional Convention Center Financing. Mr. Jackson seconded the motion. Motion carried unanimously. UNFINISHED BUSINESS: None. NEW BUSINESS: Special Permit: Location of a Mini-Storage Facility in a C-1 Zone (Northeast corner of North 24`h Avenue & West Lewis Street) (MF #02- 144-SP): MOTION: Mr. Strode moved to approve the special permit for the location of a Mini-Storage Facility on the Liebman site as recommended by the Planning Commission. Mr. Jackson seconded the motion. Motion carried unanimously. MISCELLANEOUS - INCLUDING SUGGESTIONS FROM COUNCIL: Executive Session: Mayor Garrison recessed to an executive session at 7:46 p.m. for approximately 20 minutes to discuss litigation or potential litigation. Mayor Garrison reconvened the regular meeting at 8:01 p.m. ADJOURNMENT: No further business, the meeting was adjourned at 8:03 P.M. APPROVED: ATTEST: Michael L. Garrison, Mayor Catherine D. Seaman, Deputy City Clerk PASSED and APPROVED this 16'' day of December, 2002. -7-