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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. -1- MINUTES 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 -2- - MINUTES 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 -3- MINUTES 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 -4- MINUTES 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. -5- 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 -6-