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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. -1- MINUTES 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 -2- MINUTES 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. -3-