HomeMy WebLinkAbout2003.02.10 Council Special Meeting Minutes MINUTES
SPECIAL MEETING PASCO CITY COUNCIL FEBRUARY 10, 2003
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,
Eileen Crawford, Michael Garrison, Tom Larsen, Rebecca Francik, and
Carl Strode. Councilmember(s) absent: Joe Jackson. 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; and
Elden Buerkle, Administrative Assistant.
BUSINESS ITEMS:
Closed Record Hearing - Preliminary Plat: Village at Pasco Heights: Mr.
Crutchfield noted for the record that the Planning Commission reviewed
this preliminary plat and recommended its approval by the Council with
a list of conditions. One of the conditions presented a concern for the
Council and staff recommended that Council consider alternating the
Planning Commission's recommendation, if approving the plat, with
specific respect to the pipeline that runs diagonally through the property
from a northeast to a southwest direction.
The recommendation of the Planning Commission for a greenway that
extended in both directions from the proposed 5 acre neighborhood park
created the potential for code enforcement problems, i.e., fences being
constructed over the easement and failure to maintain the greenway. A
better solution was that the strip of land be dedicated to the City as a
public way and that the developer be required to install grass and
irrigation to insure that area functioned as a greenway for the
neighborhood. The developer knew of the existence of the pipeline when
they purchased the property and staff questions why this problem
should become a financial responsibility for the tax payer on a long term
basis. Staff recommends Council consider whether it wants to accept the
financial obligation, at approximately $10,000 a year, or accept the
original recommendation of the Planning Commission that the area stay
in private ownership and each lot owner be responsible for maintenance.
Staff recommends a third option that the strip of land be retained in
private ownership of a neighborhood association (created by the
developer) as part of the subdivision and that the strip be improved and
maintained in perpetuity by the association with adequate provision for
recovery of costs if they fail to do so.
Mayor Garrison informed the audience and staff that Washington law
requires that public hearings not only be fair, but appear fair as well.
This law prohibits Councilmember communication with the proponent or
opponent concerning the subject of the hearing outside of the official
hearing. The law also prohibits a Councilmember participating in a
hearing or decision in which he or she may have a direct interest which
may be either benefited or harmed by the Council's decision. Any
objection to any Councilmember hearing this matter must be made at
this time or it is waived.
Mayor Garrison asked if any Councilmember had anything to declare?
There was no response.
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SPECIAL MEETING PASCO CITY COUNCIL FEBRUARY 10, 2003
Mayor Garrison asked if there were any present in the audience who had
any objections on the basis of a conflict of interest or appearance of
fairness to any member of the Council hearing this matter? There was
no response.
Ms. Crawford expressed concern that if Council accepts the plat with a
greenway there will be a reduction in the size of the park from 5 acres to
3.27 acres.
Mr. McDonald explained that Council had two plats before them, one
with the greenway and one without the greenway. The plat without the
greenway has a 5 acre park in the center. The greenway has a 3 acre
park with the additional green space of approximately 4 acres resulting
in a park with greenway at approximately 7 acres, which is more acreage
than typically requested by staff.
Ms. Crawford asked if a homeowners association had been discussed
with the developer?
Mr. McDonald explained that it has been discussed briefly, but no
definitive direction was given.
Ms. Crawford asked if the common area maintenance fee of $350.00
could be increased to cover the cost of maintaining the greenway verses a
homeowners association, which might infer a recreational area the
homeowners feel they could utilize because they are paying additional
fees for it?
Mr. Crutchfield explained that in order to provide approximately $10,000
per year for maintenance the homeowners association would have to
endow a fund of approximately $250,000 to have the return from it
necessary to generate the yearly maintenance fees.
Ms. Crawford felt it was worth the expense for the City to cover the
maintenance of the greenway to ensure the safety and health of the
citizens in the area.
Mr. Crutchfield explained that who "owns" the ground doesn't guarantee
public safety. The only question before Council is who should pay to
take care of the grass?
Ms. Francik asked if the lots were extended to the center of the pipeline
would the individual property owners pay taxes for property they couldn't
use or improve and if the size of the park went from 5 acres to 3 acres
(with acceptance of the greenway) would it be useable by the
neighborhood?
Mr. Crutchfield explained that property taxes are based upon
improvements to a "buildable" lot.
Mr. Strebel explained that the 5 acre minimum lends itself to staff being
able to maintain it in the most efficient way and still accommodate a
wide variety of facilities.
Mr. Crutchfield pointed out that under the current comprehensive park
plan standards a neighborhood park should be closer to 5 acres than 3
acres because it will serve more than just the property owners within the
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SPECIAL MEETING PASCO CITY COUNCIL FEBRUARY 10, 2003
boundary of that subdivision. Property owners living on the other side of
the subdivision will also utilize the park.
Mr. Kilbury felt enough time had been spent on the issue and that
Council should give a decision.
Mr. Strode felt the option of forming a homeowners association as part of
the subdivision for purposes of providing maintenance of the strip
warrants consideration.
MOTION: Mr. Strode moved that the closed record hearing be continued
for three (3) weeks to give the opportunity for staff to prepare a third
alternative and to give the public an opportunity to present comment on
it. Ms. Francik seconded the motion.
Motion carried by the following roll call vote: Yes - Francik, Garrison,
Crawford, Larsen, Strode; No - Kilbury.
ADJOURNMENT:
No further business, the meeting was adjourned at 7:25 P.M.
APPROVED: ATTEST:
Michael L. Garrison, Mayor Catherine D. Seaman, Deputy City Clerk
PASSED and APPROVED this 3rd day of March, 2003.
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