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Home My WebLink About2008.08.04 Council Minutes MINUTES REGULAR MEETING PASCO CITY COUNCIL AUGUST 4, 2008 CALL TO ORDER The meeting was called to order at 7:00 p.m. by Joyce Olson, Mayor. ROLL CALL: Councilmembers present: Michael Garrison, Robert Hoffinann, Tom Larsen, Joyce Olson, Matt Watkins and Al Yenney. Absent: Rebecca Francik. Staff present: Gary Crutchfield, City Manager; Leland B. Kerr, City Attorney; Stan Strebel, Administrative & Community Services Director; Rick White, Community & Economic Development Director; Bob Alberts, Public Works Director; David McDonald, City Planner; Michael McShane, City Engineer; Mike Aldridge, Police Captain; Doyle Heath, Utility Engineer and Angie Pitman, Block Grant Administrator. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: (a) Approval of Minutes: Minutes of the Pasco City Council Meeting dated July 21, 2008. (b) Bills and Communications: To approve General Claims in the amount of$1,263,067.47 ($112,144.67 in the form of Wire Transfer Nos. 5012 and 5018 and, $1,150,922.80 consisting of Claim Warrants numbered 167088 through 167313). To approve Payroll Claims in the amount of$2,169,099.28, Voucher Nos. 38164 through 38399; and EFT Deposit Nos. 30024070 through 30024579. (c) Appointment to Regional Hotel/Motel Commission: To reappoint Hermann Haastrup (Pasco Red Lion)to a two-year term on the Tri-Cities Regional Hotel/Motel Commission; term to expire 8130/10. (d) Resolution No. 3091, a Resolution authorizing the sale of forfeiture/unclaimed asset property surplus to city needs. To approve Resolution No. 3 09 1, authorizing the sale of seized/asset forfeiture property considered surplus to city needs. (e) Resolution No. 3092, a Resolution fixing the time and date for a public hearing to consider the vacation of a portion of Montana Avenue, Colorado Avenue and a portion of Pueblo Street. To approve Resolution No. 3092, fixing 7:00 p.m., September 2, 2008 as the time and date for a public hearing to consider the proposed vacation. (f) Resolution No. 3093, a Resolution approving a Preliminary Plat for Sun View Estates. To approve Resolution No. 3093,approving the preliminary plat for Sun View Estates. (g) To cancel the Workshop meeting of August 11,2008. MOTION: Mr. Watkins moved to approve the Consent Agenda as read. Mr. Garrison seconded. Motion carried by unanimous Roll Call vote. 1 MINUTES REGULAR MEETING PASCO CITY COUNCIL AUGUST 4, 2008 PROCLAMATIONS AND ACKNOWLEDGMENTS: Mayor Olson presented Certificates of Appreciation for July 2008 "Yard of the Month" to: Raphael and Felicitas Gamino, 803 N. Elm Avenue Robert Hamm and Terre Estes, 512 N.Road 39 Don and Rosie Bogart, 3611 Verbena Court Charles Thompson and Phyllis Krystal, 4104 Galway Lane Mayor Olson presented a Certificate of Appreciation for July 2008 "Business of the Month Appearance Award"to: Harvey-Monteith Insurance, 3825 W. Court Street REPORTS FROM COMMITTEES AND/OR OFFICERS: Mr. Garrison reported there is no TRIDEC Board meeting scheduled in August. Mr. Larsen attended the Emergency Medical Services Board meeting. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: Local Improvement District(LID) No. 145—"A" Street Improvements between Elm Avenue and Road 40 East: Mr. Heath, Utility Engineer, explained the details of the proposed LID. MAYOR OLSON DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE PROPOSED LID. Mr. Ted Osborn, 3602 E. `A' St., questioned the inclusion of grass and trees along the street. Mr. Roger Bairstow, Director of CASA LLC, noted some of the benefits of the project to the area, especially the Tierra Vida neighborhood. FOLLOWING THREE CALLS FOR COMMENTS,EITHER FOR OR AGAINST,MAYOR OLSON DECLARED THE PUBLIC HEARING CLOSED. Ordinance No. 3872, an Ordinance of the City of Pasco, Washington, relating to City Street Improvements; ordering the improvement of"A" Street between Elm Avenue and Road 40 East,to city standards, including curb, gutter, utilities and bicycle path, all in accordance with Resolution No. 3089 of the City Council; establishing Local Improvement District No. 145, and ordering the carrying out of the proposed improvements;providing that payment for the improvements be made by special assessments upon the property in the District,payable by the mode of"payment by bonds"; and providing for the issuance and sale of local improvement district warrants redeemable in cash or other short-term financing and local improvement district bonds. MOTION: Mr. Watkins moved to adopt Ordinance No. 3872, creating Local Improvement District 145 for"A" Street between Elm Avenue and Road 40 East and, further, authorize publication by summary only. Mr. Garrison seconded. Motion carried unanimously. Comprehensive Plan Update(MF#CP07-002)(City of Pasco): Mr. McDonald explained the proposed Comprehensive Plan change near the intersection of Spokane and Utah streets. MAYOR OLSON DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE COMPREHENSIVE PLAN. 2 MINUTES REGULAR MEETING PASCO CITY COUNCIL AUGUST 4, 2008 Mr. Paul Purcell, Beacon Development Group, urged Council to approve the proposed change. Mr. Don Barnes, area property owner, is concerned about different uses on opposite sides of the street. Mr. Bill Zech, Architect for Beacon Development Group, noted the benefits of the proposed change. FOLLOWING THREE CALLS FOR COMMENTS,EITHER FOR OR AGAINST,MAYOR OLSON DECLARED THE PUBLIC HEARING CLOSED. Ordinance No. 3866, an Ordinance relating to comprehensive land use planning and adopting a new GMA Comprehensive Plan for the City of Pasco. MOTION: Mr. Watkins moved to adopt Ordinance No. 3866, with the proposed change, establishing a new Comprehensive Plan for the City of Pasco and, further, authorize publication by summary only. Mr. Garrison seconded. Motion failed by the following Roll Call vote: Yes—Watkins, Garrison. No—Olson, Yenney, Hoffmann, Larsen. MOTION: Mr. Watkins moved to remand the Comprehensive Plan back to the Planning Commission to review the proposed change. Mr. Yenney seconded. Motion carried unanimously. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: Code Enforcement Civil Violation Penalties: Ordinance No. 3873, an Ordinance of the City of Pasco,Washington, amending Pasco Municipal Code Title 11 "Civil Infractions" Section 11.02.050 "Notice of Civil Violation - Monetary Penalty" and Section 11.02.060 "Hearing Before the Code Enforcement Board." MOTION: Mr. Watkins moved to adopt Ordinance No. 3873, amending PMC Section 11.02.050, "Notice of Civil Violation" and 11.02.060 "Hearing Before the Code Enforcement Board" and, further, authorize publication by summary only. Mr. Garrison seconded. Motion carried 5-1. No—Larsen. Ordinance No. 3874, an Ordinance of the City of Pasco,Washington, amending Pasco Municipal Code Chapter 3.07 "Fee Summary" Section 3.07.070 "Code Enforcement Program." MOTION: Mr. Watkins moved to adopt Ordinance No. 3874, amending PMC Section 3.07.070, "Code Enforcement Program" and, further, authorize publication by summary only. Mr. Garrison seconded. Motion carried 5-1. No—Larsen. Ordinance No. 3875, an Ordinance of the City of Pasco,Washington, amending Section 9.61.060 "Violations" increasing the penalty for subsequent noise violations. MOTION: Mr. Watkins moved to adopt Ordinance No. 3875, amending Section 9.61.060 "Violations," increasing the penalty for subsequent noise violations and, further, authorize publication by summary only. Mr. Garrison seconded. Motion carried unanimously. Resolution No. 3094, a Resolution amending the Program Year 2008 Community Development Block Grant Allocations and Annual Work Plan. MOTION: Mr. Watkins moved to approve Resolution No. 3094, amending the city's 2008 CDBG Allocations and Annual Work Plan. Mr. Garrison seconded. Motion carried unanimously. 3 MINUTES REGULAR MEETING PASCO CITY COUNCIL AUGUST 4, 2008 Resolution No. 3095, a Resolution approving the Program Year 2009 Community Development Block Grant Allocations and Annual Work Plan. MOTION: Mr. Watkins moved to approve Resolution No. 3095, approving the city's 2009 CDBG Allocations and Annual Work Plan. Mr. Garrison seconded. Motion carried unanimously. NEW BUSINESS: Reconstruction of Alley Approaches—2008 Phase 2,Project No. 07-3-04: Mr. McShane explained the details of the project. MOTION: Mr. Watkins moved to award the low bid for the Reconstruction of Alley Approaches—2008 Phase 2, Project No. 07-3-04 to Scott's Excavating Tri-Cities, LLC, in the amount of$49,738.00 and, further, authorize the Mayor to sign the contract documents. Mr. Garrison seconded. Motion carried by unanimous Roll Call vote. Right-of-Way Dedication for Power Line Road (MF#INF008-083): Mr. McDonald explained the details of this issue. MOTION: Mr. Watkins moved to accept the deed from Kenneth Smith for a portion of the Power Line Road Right-of-Way. Mr. Garrison seconded. Motion carried unanimously. Car Allowance Adjustment: Council and staff discussed the proposed increase. MOTION: Mr. Watkins moved to increase authorized car allowances by 40%, retroactive to January 1, 2008. Mr. Garrison seconded. Motion failed 3-3. No—Yenney, Hoffmann, Larsen. Yes - Olson, Watkins, Garrison. MOTION: Mr. Yenney moved to amend the motion to be retroactive to July 1, 2008. Mr. Larsen seconded. Motion failed 3-3. Yes—Yenney, Larsen, Hoffman.No—Olson, Watkins, Garrison. MOTION: Mr. Yenney moved to increase authorized car allowances by 40%,to begin immediately. Mr. Hoffmann seconded. Motion carried by 5-1 Roll Call vote.No— Garrison. Council directed staff to prepare a resolution basing the car allowance on the IRS mileage reimbursement rate. Mayor Olson called a recess at 8:28 p.m. Mayor Olson reconvened the meeting at 8:34 p.m. Special Permit: Location of a School at 3309 Road 100 (Kingspoint Christian School) (MF#SP08-005): Mr. McDonald explained the details of the special permit request. MOTION: Mr. Watkins moved to approve the Special Permit for the Kingspoint Christian School to be located in the 3300 block of Road 100 as recommended by the Planning Commission. Mr. Garrison seconded. Motion carried unanimously. Special Permit: Franklin County Courthouse Parking Lot at 1016 N. 4th Avenue (Franklin County) (MF#SP08-006): Mr. McDonald explained the details of the special permit request. 4 MINUTES REGULAR MEETING PASCO CITY COUNCIL AUGUST 4, 2008 MOTION: Mr. Watkins moved to approve the Special Permit for the Franklin County Courthouse parking lot at 1016 N. 4th Avenue as recommended by the Planning Commission. Mr. Garrison seconded. Motion carried unanimously. Special Permit: Location of a Church at 216 N. 11th Avenue (Iglesia Bautista El Calvario) (MF#SP08-004): Mr. McDonald explained the details of the special permit request. MOTION: Mr. Watkins moved to approve the Special Permit for the Iglesia Bautista El Calvario at 216 N. 11th Avenue as recommended by the Planning Commission. Mr. Garrison seconded. Motion carried 5-1. No—Yenney. Special Permit: Location of a Church at 3212 Wernett Road (Iglesia Apostolica de la fe en Cristo Jesus) (MF#SP08-003): Mr. McDonald explained the details of the special permit request. MOTION: Mr. Watkins moved to approve the Special Permit for the Iglesia Apostolica de la fe en Cristo Jesus at 3212 Wernett Road as recommended by the Planning Commission. Mr. Garrison seconded. Motion carried unanimously. MISCELLANEOUS DISCUSSION: Mr. Watkins thanked staff, the planning commission and the community for their work on the CDBG funding. Mr. Crutchfield presented an informational video describing the Aquatic Facilities Bond initiative. EXECUTIVE SESSION: Council adjourned to Executive Session at 8:48 p.m. for approximately 20 minutes to discuss enforcement action and litigation or potential litigation with the City Attorney and the City Manager. Mayor Olson called the meeting back to order at 8:58 p.m. ADJOURNMENT: There being no further business, the meeting was adjourned at 8:58 p.m. APPROVED: ATTEST: i n cvn Joy Ol, n, Mayor San y Ke orthy, Deputy Ci Clerk t PASSED and APPROVED this 18`h day of August, 2008. 5