HomeMy WebLinkAbout1990.02.20 Council MinutesI ROLL CALL:
By City Clerk. Councilmen present were: Joyce DeFelice,
Mike Garrison, Ed Hendler, Joe Jackson, Chris Jensen, and
Charles Kilbury. Councilman E.A. Snider was absent (excused).
Also present were: Gary Crutchfield, City Manager; Greg
Rubstello, City Attorney; Dennis Wright, City Engineer; David
McDonald, Director of Community Development; James Ajax, Director
of Public Works, and Webster Jackson, Purchasing/Personnel
Officer.
MINUTES
PASCO CITY COUNCIL
REGULAR MEETING FEBRUARY 20, 1990
CALL TO ORDER:
The meeting was called to order at 8:00 P.M. by
Joe Jackson, Mayor.
PLEDGE OF ALLEGIANCE:
The meeting opened with Pledge of Allegiance.
CONSENT AGENDA:
Mr. Garrison moved to approve Consent Agenda. Seconded by Mr.
Kilbury. Motion carried. Consent items are as follows. (Item
3-G, Appointments to Housing Authority Board removed from Consent
Agenda to New Business.)
a) Approval of Minutes. To approve minutes of regular
meeting, held February 5, 1990.
b) Bills. To approve General Claims in the amount of
$280,247.23 ($2,530.26 being in the form of Wire Transfer Nos.
2473 and 2479; and $277.716.97 consisting of Claim Warrant Nos.
64485 through 64660.
c) Resolution No. 1911. A Resolution accepting work by
Acme Concrete, Asphalt Division, Inc., under contract for Project
No. 88-3-05.
d) Resolution No. 1912. A Resolution accepting work by Ray
Poland and Sons, Inc. under contract for Project No. 89-2-02.
e) Resolution No. 1913. A Resolution accepting work performed
by Ray Poland and Sons, Inc. under contract for Project No.
89-3-03.
f) Day Care Code Amendment - (MF #89-19-CA). To remand the
proposed Family Day Care Ordinance to the Planning Commission for
further study and development of dispersal and other provisions
designed to protect the integrity of residential zones.
g) Appointment to Senior Citizen Advisory Committee. To
concur in the Mayor's appointment of Katie Barton to the Senior
Citizen Advisory Committee to a term which will expire on June
16, 1991 (replacing Luzell Johnson).
I PROCLAMATIONS:
There were no Proclamations.
VISITORS: None
REPORTS FROM COMMITTEES AND/OR OFFICERS.
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REGULAR MEETING PASCO CITY'COUNCIL FEBRUARY 20, 1990
B-F Substance Abuse Coalition Board of Trustees. Council Member
Chris Jensen reported they primarily set their future goals of
where does the coalition want to go from here. He felt it was a
good thing for the Tr-Cities and State of Washington. Their
main focus is on youth and their special interests.
Senior Citizen Advisory Committee Meeting. Mrs. DeFelice
reiterated that Art Finke reported on results of survey regarding
various activities and improvements. Approximately 16% returned `
survey. There was a year to date report on Area Agency Programs
and discussion was held regarding scheduling multi-purpose
facility during the summer months. Mrs. DeFelice commented that
the Quilting Club had donated over $3,000 which was a commendable
feat.
Ben-Franklin Transit Board Meeting. Council Member Mike
Garrison reported that Jerry Pelitier was elected Chairman and
Ken Miller was elected Vice-Chairman. A plaque was presented to
Mr. Ellis in recognition of his 6-year tenure on Transit Board.
There will be a meeting of the Personnel Committee on Februaty
27, 1990 at Sherry's Restaurant.
PUBLIC HEARINGS:
MAYOR JACKSON DECLARED THE CONTINUED PUBLIC HEARING OPEN FOR THE
PURPOSE OF RECOVERING ABATEMENT COSTS FOR 1100 BLOCK OF EAST
BONNEVILLE.
It was noted that the Hearing had been duly publicized and all
affected property owners notified. Mr. David McDonald, Director
of Community Developmemt, stated that as a result of fire damage,
the building located in the 1100 block of East Bonneville Street
was determined by City officials to be a dangerous and
substandard building.
The owner of the iAlpperty failed to make needed repairs as
requested by the City to secure the safety and welfare of the
public. As a result, the City through application of the Uniform
Code for Abatement of Dangerous Buildings, hired a contractor to
raze said structure and remove all debris from the property. The
City incurred a cost of $1,391.67 for the abatement of said
structure. The current assessed value of the property is $3,900
with no other encumbrances.
Therefore, staff recommends that the City accept a quitclaim deed
in lieu of payment for abatement expenses on Lots 9 - 11, Block
105, Pasco Land Company's First Addition.
Following three (3) calls from Mayor Jackson for further comments
from the floor, for or against, the public hearing was declared
closed.
CONSIDER RECOVERY OF ABATEMENT COSTS AT 122 WEST LEWIS.
It was noted that the hearing had been duly publicized and all
affected property owners notified.
Mr. Jensen moved to accept the Quit Claim Deed in lieu of payment
for abatement expenses incurred by the City in demolishing
structures on Lots 9 - 11, Block 105, Pasco Land Company's Firdt
Addition. Seconded by Mr. Garrison. Motion carried. IMAYOR JACKSON DECLARED THE CONTINUED PUBLIC HEARING OPEN TO
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REGULAR MEETING PASCO CITY COUNCIL FEBRUARY 20, 1990
Mr. David McDonald, Director of Community Development, stated
that as a result of fire damage, lack of maintenance and
vandalism, the building located at 122 West Lewis was determined
to be substandard and dangerous. The owner of the property
failed to complete repairs as requested by the City to secure the
safety and welfare of the public.
As a result, the City through application of the Uniform Code for
Abatement of Dangerous Buildings, hired a contractor to raze said
structure. The City incurred a cost of $3,537.35 for the
abatement of said structure. The current assessed value of the
property is $7,300 with $3,077 owed in back taxes, but no other
encumbrances.
Mr. McDonald further stated that back taxes were owed on the
property; therefore, staff recommends to assess abatement
expenses for Lots 7, 8, and 9, Northern Pacific Plat against said
property as a special assessment and lien upon the property.
Following three (3) calls from Mayor Jackson for further comments
from the floor, either for or against, the public hearing was
declared closed.
Mr. Garrison moved to assess abatement expenses for Lots 7, 8,
and 9, Northern Pacific Plat, in the amount of $3,537.35 against
said property as a special assessment and lien upon the property.
Seconded by Mr. Jensen. Motion carried.
MAYOR JACKSON DECLARED THE PUBLIC HEARING OPEN FOR THE PURPOSE OF
DETERMINING RECOVERY OF CITY COSTS FOR ABATEMENT ACTIVITIES AT
2016 EAST LEWIS STREET.
It was noted that the hearing had been duly publicized and all
affected property owners notified.
Mr. David McDonald, Director of Community Development, stated
that as a result of lack of maintenance, the building at 2016
East Lewis Street was determined to be substandard and dangerous.
The owner of the property failed to make needed repairs as
requested by the City to secure the safety and welfare of the
public. As a result, the City through application of the Uniform
Codes, hired a contractor to raze said structures.
The City incurred a cost of $6,857.13 for the abatement of said
structures. The current assessed value of the property is
$13,900 with nearly $2,300 in other encumbrances; therefore,
staff recommended a lien be placed on the property
Following three (3) calls from Mayor Jackson, either for or
against, the public hearing was declared closed.
Mr. Garrison moved to assess abatement expenses for 2016 East
Lewis Street, Lot 14, Block 3, Acre Park Addition, in the amount
of $6,857.13 against said property as a special assessment and
lien upon the property. Seconded by Mr. Jensen. Motion carried.
MAYOR JACKSON DECLARED THE PUBLIC HEARING OPEN TO DETERMINE
METHOD OF RECOVERY OF CITY COSTS FOR ABATEMENT ACTIVITIES AT 102
N. WEHE AVENUE.
It was noted that the Hearing had been duly publicized and all
affected property owners notified.
Mr. Dave McDonald stated that staff is currently negotiating with
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REGULAR MEETING PASCO CITY COUNCIL FEBRUARY 20, 1990
the Salvation Army Divisional Headquarters to work out a mutually
agreeable solution to recover the abatement expenses. Staff
would recommend the hearing be tabled until the Council Meeting
of March 5th.
Mr. Garrison moved to continue , hearing to next regular council
meeting on March 5, 1990. Seconded by Mrs. DeFelice. Motion
carried.
MAYOR JACKSON DECLARED THE PUBLIC HEARING OPEN TO DETERMINE
METHOD OF RECOVERY OF CITY COSTS FOR ABATEMENT ACTIVITIES AT 801
SOUTH 4TH AVENUE.
It was noted that the hearing had been duly publicized and all
affected property owners notified. One communication was
received in opposition.
Mr. Dave McDonald stated as a result of lack of maintenance, the
building at 801 S. 4th Avenue was determined to be substandard
and dangerous. The owner of the property failed to make needed
repairs as requested by the City to secure the safety and welfare
of the public. The City incurred a cost of $15,987.25 for the
abatement of said structure.
Including the City's abatement expenses, there are approximately
$35,000 of encumbrances on this particular piece of property.
The assessed value of the property is only $8,600. If the City
wishes to seek recovery of abatement expenses, it makes little
sense to put a $15,987.25 lien on property valued at $8,600 with
existing liens in excess of the value.
Following three (3) calls from Mayor Jackson for further
comments from the floor, either for or against, the public
hearing was declared closed.
Mr. Hendler moved to recover abatement expenses for Lot 31 and
32, Block 3, Grey's Amended Addition, in the amount of $15,987.25
by declaring such expenses a personal obligation of the owner,
and direct the City Attorney to seek recovery through appropriate
legal remedies. Seconded by Mr. Garrison. Motion carried.
ORDINANCES/RESOLUTIONS NOT RELATED TO PUBLIC HEARINGS:
ORDINANCE NO. 2768.
AN ORDINANCE RELATED TO ZONING, AMENDING PMC TITLE
22 BY ENACTING NEW DEFINITIONS IN CHAPTER 22.12 AND
AMENDING CHAPTER 22.44 AND 27.68 TO INCLUDE ADDITIONAL
PROVISIONS REGULATING PAWNSHOPS AND SECONDHAND DEALERS.
Ordinance No. 2768 was read by title only. Mr. Hendler moved to
adopt Ordinance No. 2768, amending PMC Title 22 by enacting new
provisions for Pawnshops and Secondhand Dealers and to apoprove
the summary of said Ordinance for publication. Seconded by Mr.
Jensen. Motion carried.
UNFINISHED BUSINESS:
None.
NEW BUSINESS:
West Lewis Street - Sale of Right of Access to "Bud" Levan, etal
- Tri City Transmission Building. Mr. Garrison moved to approve
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REGULAR MEETING PASCO CITY COUNCIL FEBRUARY 20, 1990
the Lewis Street Access Easement Agreement with Bud Levan, etal
(Tr-City Transmission Building) and, further, to authorize the
Mayor to sign the Agreement. Seconded by Mrs. DeFelice. Motion
carried.
Mr. Kilbury moved to amend first page, under Recitals, Section 2
to strike the word "street" and add "avenue." Seconded by Mr.
Hendler.
Amendment motion carried unanimously.
Main motion, as amended, carried.
Pasco/Kennewick Intercity Bridge Cable Re-wrap - Supplement No.
2 to City/County Agreement. Mr. Hendler moved to authorize the
Mayor to sign Supplement No. 2 to the City/County Agreement No.
LA-0888 for the Pasco/Kennewick Intercity Bridge Re-Wrap Project.
Seconded by Mr. Garrison. Motion carried.
Contract Award - Pasco/Kennewick Intercity Bridge Cable Re-Wrap
Project. Mr. Hendler moved to award the contract for
Pasco/Kennewick Intercity Bridge Re-Wrap Project to IBEX
Construction, Inc., in the amount of $692,445, contingent upon
the Washington State Department of Transportation approving
Supplement No. 2 to the City/County Agreement No. LA-0888.
Seconded by Mr. Garrison. Motion carried.
Resolution of Liberty Theatre Lawsuit. Mr. Greg Rubstello,
City Attorney, reiterated he had received the Settlement
Agreement this date from Jack R. Burns, representing Roger
Forbes, owner of Liberty Theatre. It states that Mr. Forbes
agrees to immediately cease operation of adult theatre located at
114 N. 4th Avenue, and further agrees to the termination of that
certain "Permit for Continuance of Non-ConformingUse Pursuant to
PMC 22.72.020(2).
The City agrees to dismiss all criminal charges pending in Pasco
Municipal Court, with prejudice.
The City agrees to pay Forbes the amount of $11,000.00 in full
and complete settlement of the "Order Regarding Motion for
Attorney's Fees and Costs", dated March 13, 1989. Mr. Forbes
agrees to sign a written satisfaction of judgement for filing
with the District Court. Mr. Forbes further agrees to dismiss
with prejudice the above referenced appeal to the Ninth Circuit
Court of Appeals. The City shall dismiss its counter-appeal with
prejudice, in said court.
Mr. Forbes agrees to pay the balance of the assessment due and
owing, together with all interest, penalty interest and penalties
on Local Improvement District Assessment No. 084-000-050 of the
City of Pasco.
Mr. Forbes further agrees that all claims, demands, rights and
causes of action that he has or may have against the City, its
officers, officials, employees, agents, representatives or
insurers with respect to their actions or non-actions in zoning
or licensing and the facts and claims set forth in said complaint
and amended complaint filed in Federal District Court are
satisfied, discharged and settled.
Mr. Garrison moved to approve the proposed Settlement Agreement
with Roger Forbes and authorize the Mayor to sign the Agreement
on behalf of the City. Seconded by Mr. Hendler. Motion carried.
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1990.
No further business
ATTES
ing adjourned at 8:45 P.M.
so 'ayor
ells, City Clerk
PASSED and APPROVED this A— day o
MINUTES
REGULAR MEETING PASCO CITY COUNCIL FEBRUARY 20, 1990
Appointments to Housing Authority Board. Mr. Hendler objected to
method of appointment as it had not been discussed by Council
prior to recommendation. He had nothing personal against the two
candidates but felt this method was out of the ordinary and had
strong political overtones. Mayor Jackson stated he Mayor
makes appointments with concurrence of the City Council. Any I
councilmember who objects to a potential candidate may indicate
his views prior to appointment with either the Mayor or City
Manager's Office. If he receives no input, he can only assume it
has the concurrence of fellow council members.
Mr. Garrison reiterated that he was aware of candidates and put
his input in. Mrs. DeFelice wasn't asked for her input and felt
that an Executive Session should have been held to answer any
questions. She, too, objected to method used. Mr. Jensen asked
if there was a set of questions posed to each candidate.
Mr. Hendler moved to postpone appointments to Housing Authority
Board until March 5, 1990 when all councilmembers would be
present to vote. Seconded by Mr. Kilbury. Motion carried.
MISCELLANEOUS - INCLUDING SUGGESTIONS FROM COUNCIL:
Mrs. DeFelice raised issue of workshop minutes. She felt we owed
the public some type of summary for present and future use. The
City Manager stated he was starting to tape workshop meetings
which is common practice with other cities rather than taking
minutes.
Councilmembers Garrison and Kilbury favored proposed tape method
for recording workshop meetings.
Mrs. DeFelice moved that a summary of
workshop meetings. Motion died for lack of
The City Manager will research record
Archivist and report back to the council.
ADJOURNMENT:
minutes be taken at
a second.
keeping with State
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