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HomeMy WebLinkAbout1990.02.05 Council MinutesMINUTES PASCO CITY COUNCIL REGULAR MEETING FEBRUARY 5, 1990 AN EXECUTIVE SESSION WAS CALLED AT 7:30 P.M. TO DISCUSS LITIGATION. THEY RECONVENED AT 7:45 P.M. WITH NO ACTION TAKEN. CALL TO ORDER: The meeting was called to order at 8:00 P.M. by Joe Jackson, Mayor. ROLL CALL: By City Clerk. Councilmen present were: Joyce DeFelice, Mike Garrison, Ed Hendler, Joe Jackson, Chris Jensen, Charles Kilbury and E.A. Snider. Also present were: Gary Crutchfield, City Manager; Greg Rubstello, City Attorney; Dennis Wright, City Engineer; David McDonald, Director of Community Development and Webster Jackson, Purchasing/Personnel Officer. PLEDGE OF ALLEGIANCE: The meeting opened with Pledge of Allegiance. CONSENT AGENDA: Mr. Snider moved to approve Consent Agenda. Seconded by Mr. Kilbury. Motion carried. Consent items are as follows: a) Approval of Minutes. To approve minutes of regular meeting, held January 16, 1990. b) Bills. To approve General Claims in the amount of $47,816.78; Claim Warrant Nos. 64242 and 64245 through 64280. (1989 Expenses). To approve General Claims in the amount of $240,908.92 ($30,403.78 being in the form of Wire Transfer Nos. 2461 and 2468; and $210,505.14 consisting of Claim Warrant Nos. 64281 through 64484. (1990 Expenses). To approve Payroll Claims in the amount of $305,878.59; Payroll Voucher Nos. 14372 through 14527; and 14528 through 14694. To approve bad debt write-offs for utility billing, ambulance, and Municipal Court non-criminal accounts receivable in the total amount of $13,734.42 and, of that amount, authorize $12,752.16 to be turned over for collection. c) Resolution No. 1909. A Resolution expressing support for the 1992 Columbia River Bicentennial Celebration. d) HVAC City Hall. To authorize staff to submit a grant/loan application to the Washington State Energy Office for funding to accomplish City Hall Energy Conservation Measures, as recommended in the Thomas J. Gerard & Associates Energy Audit. e) Court Street & 20th Avenue Street Lighting Projects. To authorize staff to call for bids for the construction of street lights on Court Street from 20th Avenue to 26th Avenue, Road 32 to Road 36, and on 20th Avenue from Sylvester Street to Court Street. f) Abatement Cost Recovery - 801 S. 4th Ave. and 102 N. Wehe -1- MINUTES REGULAR MEETING PASCO CITY COUNCIL FEBRUARY 5, 1990 Avenue. To set 8:00 P.M., February 20, 1990 as the time and date to hold a public hearing to determine the method of recovering City costs for abatement activities at 801 S. 4th Avenue and 102 North Wehe Avenue. PROCLAMATIONS: There were no Proclamations. VISITORS: None. REPORTS FROM COMMITTEES AND/OR OFFICERS. AWC Newly Elected Officials Workshop. Mrs. DeFelice reported that approximately 150 people attended workshop. The main topics concerned open meetings, appearance of fairness and routine responsibilities. She felt the conference was worthwhile and assisted newly elected officials to better understand how municipal governments operate. Tr-City Visitor & Convention Bureau. Mrs. DeFelice was unable to attend this meeting; however, she attended a Board Meeting where discussion was held regarding a single contract for all cities for a period of five years. It was suggested that Hotel/Motel Tax Money be used to attract visitors. Good Roads Association Meeting. Mr. Snider reported he had been elected to the Board of Directors and their meeting was spent discussing pending gas tax legislation and its impact on communities, and their 1990 budget. Community Action Committee Board Meeting. Mr.- Jensen stated they approved 1990 Budget, introduced new officers (Mr. Jensen was elected to Board of Directors), and transacted normal items of business. Benton-Franklin District Health Board Meeting. Mr. Garrison reported that the new officers had been seated and Ray Isaacson was elected chair person. A proposal was given to the Board for a full time Administrative Assistant by EMS. No decision was made at this time. PUBLIC HEARINGS: MAYOR JACKSON DECLARED THE PUBLIC HEARING OPEN FOR THE PURPOSE OF DETERMINING RECOVERY OF CITY COSTS FOR ABATEMENT ACTIVITIES AT 1100 BLOCK 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 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 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. -2- MINUTES REGULAR MEETING PASCO CITY COUNCIL FEBRUARY 5, 1990 Mr. McDonald announced that Mr. Morrison (owner of property) had planned to address the council, however, he became ill and had to leave the meeting. Following three (3) calls from Mayor Jackson for further comments from the floor, either for or against, the public hearing was I declared closed. MAYOR JACKSON DECLARED PUBLIC HEARING OPEN TO DETERMINE THE RECOVERY OF CITY COSTS FOR ABATEMENT ACTIVITIES AT 122 W. LEWIS. 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 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. Mr. McDonald further stated that corresponce had been received from Mr. Norwood, objecting to methods used. He distributed a history document to each councilman confirming the sequence of events since 1988. In response to question, "are there any other liens?", Mr. McDonald was unsure at this point. Mr. Kilbury asked Mr. McDonald if he could provide documentation from 1982 to 1988? Mr. McDonald replied he would research records and report back to council at the next regular meeting. The City Attorney advised council on legalities of such proceedings and stated that t each case should be considered on their own merits - whether it be a lien against the property or suit against the property owner. Mr. Milton Norwood, owner of property, based his objections on the cost of $3,537.35 when he had secured a permit to complete the renovation or removal, and later, the City revoked it. He felt the City acted in an arbitrary manner without the opportunity to give him a chance to complete the demolition process which he had already started. Mr. Snider moved to continue public hearing for two (2) weeks to permit time for staff to identify any outstanding encumbrances against the property. Seconded by Mr. Hendler. Motion carried. MAYOR JACKSON DECLARED THE PUBLIC HEARING OPEN FOR THE PURPOSE OF Mr. Garrison moved to assess abatement expenses for Lots 9 - 11, Block 105, Pasco Land Company's First Addition in the amount of $1,391.67 against said property as a special assessment and lien upon the property. Seconded by Mr. Snider. Mr. Kilbury felt Mr. Morrison should have an opportunity to speak to the Council before any action is taken; therefore, Mr. Kilbury moved to table action for two weeks. Seconded by Mr. Snider. Motion carried. Mr. Hendler voted no. -3- MINUTES REGULAR MEETING PASCO CITY COUNCIL FEBRUARY 5, 1990 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. A letter was received from David Nichols, owner of property, protesting method used and cost of abatement. Mr. Nichols personally addressed the council and stated he made an investment in an existing business and then had the rug pulled out. Now he is the owner of an expensive $36,000 lot. The City Manager replied that Mr. Nichols had received a list of violations which needed to be corrected. He failed to do this in a timely manner so the City elected to abate the premises for lack of progress. Mr. Nichols could have used the appeals process in the beginning but apparently did not wish to do so. Mr. Dave McDonald stated the building was not occupied at the time of demolition, in fact, all three buildings were vacant. Mr. Snider asked Mr. Nichols why he bought the property when he knew what condition it was in? He felt all people were entitled to live in a sanitary/safe environment and according to testimony, both were lacking at this address. Mr. Hendler was critical of out of town property owners who collected the rent but did not keep up the property. Mr. Garrison moved to table action for two weeks to permit time for staff to identify any outstanding encumbrances against the property. Seconded by Mr. Jensen. Motion carried. ORDINANCES/RESOLUTIONS NOT RELATED TO PUBLIC HEARINGS: RESOLUTION NO. 1910 A RESOLUTION SUPPORTING LEGISLATION THAT WOULD PROHIBIT CONVICTED FELONS FROM CARRYING CONCEALED WEAPONS. Resolution No. 1910 was read by title only. Mr. Garrison moved to approve Resolution No. 1910, supporting legislation that would prohibit convicted felons from carrying concealed weapons. Seconded by Mr. Jensen. Mr. Earl Warren, 520 S. 26th, argued that you aren't talking about gun control, you are talking about personal rights guaranteed by the Constitution of the United States. If gun safety was taught, there would be less criminal activity. Mr. Snider was skeptical of the intent of the proposed Resolution because State Law already provides that felons not be -4- 2 =-- „msida, 7-41P ATT No further business 111 mee ing adjourned at 9:05 P.M. Mayor Wells, City Clerk PASSED and APPROVED this' % day o 1990. MINUTES REGULAR MEETING PASd0 CITY COUNCIL FEBRUARY 5, 1990 allowed to carry firearms. In response, Mr. Jensen replied that criminals are getting a lot smarter - guns are a means of supporting their habits. Main motion FAILED by the following roll call vote. NO: DeFelice, Hendler, Kilbury and Snider. YES: Garrison, Jackson and Jensen. ORDINANCE NO. 2767. AN ORDINANCE CREATING THE INDUSTRIAL WASTEWATER TREATMENT DEVELOPMENT FUND AND NEW CHAPTER 3.123 OF THE PASCO MUNICIPAL CODE. Ordinance No. 2767 was read by title only. Mr. Hendler moved to adopt Ordinance No. 2767, creating the Industrial Wastewater Treatment Development Fund. Seconded by Mr. Snider. Motion carried. NEW BUSINESS: Award of Bid for the Chevron Water Line - Project 90-2-06. Mr. Garrison moved to award the contract for construction of the Chevron Water Line to the low bidder, Ray Poland & sons, in the amount of $89,085.92 and, further, to authorize the Mayor to sign the contract. Seconded by Mr. Snider. Motion carried. ADJOURNMENT: -5-