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HomeMy WebLinkAbout1992.08.03 Council MinutesMINUTES PASCO CITY COUNCIL REGULAR MEETING AUGUST 3, 1992 CALL TO ORDER The meeting was called to order at 8 00 P M by Joyce DeFelice, Mayor. ROLL CALL. By Deputy City Clerk. Council Members present were Joyce DeFelice, Michael Garrison, Edgar Hargrow, Chris Jensen, Charles Kilbury, Dan Lathim, and Carl Strode Also present were Greg Rubstello, City Attorney, Dave McDonald, Director of Community Development, Jim Ajax, Public Works Director; and Kurt Luhrs, Admimstrative Assistant PLEDGE OF ALLEGIANCE The meetmg was opened with the Pledge of Allegiance. CONSENT AGENDA: MOTION: Mr Garrison moved to approve the Consent Agenda. Seconded by Mr Lathim Motion earned. Consent items are as follows A) Approval of Minutes To approve mmutes of Regular Meeting held July 20, 1992 B) Bills and Communications. To approve General Claims in the amount of $496,468.19 ($5,179.35 being in the form of Wire Transfer Nos. 2749 and 2750; and $491,288.84 consisting of Claim Warrants numbered 77537 through 77730) To approve Payroll Claims m the amount of $434,137 53, Payroll voucher Nos 26279 through 26507, and 26508 through 26737 C) Resolution No 2 0 2 5. To approve Resolution No 2025, designating a responsible official to declare the city's official intent to reimburse, with bond proceeds, interfund loans and advances. D) Special Permit. (MF #92-25-SP) To approve the special permit for the location of a mini-storage facility, as recommended by the Planning Commission, on the Freepons Mini-Storage lot PROCLAMATION AND ACKNOWLEDGMENTS: "Yard of the Month" Awards. August. 1992 The following Pasco residents were presented Certificates of Appreciation from City Council. Miguel and Carolyna Munoz, 832 North Sycamore Street (unable to attend) Donald Fontaine, 403 Sourth 25th Avenue. Darrell and Noma Beers, 1820 West Hopkins Street. Robert and Barbara Hahn, 1838 West Henry Street (unable to attend) Ralph and Kathy Bell, 1915 North 19th Avenue Dan and Shirley Sauvageau, 4800 West Desert Plateau Drive VISITORS . None MINUTES REGULAR MEETING PASCO CITY COUNCIL AUGUST 3, 1992 REPORTS FROM COMMli IhES AND/OR OFFICERS Mayor's Activity Report: Mayor DeFelice reported that on July 31st and August 1st she attended the openmg ceremonies of the Good Life Festival B F Health Board Meetmg - July 23. 1992: Mr. Strode reported that discussion centered around the public hearing held for consideration of the food service and solid waste disposal fees as recommended by the Budget Committee to the Board B F Regional Council Board Meeting. July 24. 1992: Mr Kilbury reported that the IGR Notification, consisting of funding for technical assistance to community housing development organizations and the La Clinica Projects, were endorsed. The Pasco Heights Domestic Water Association application was again on the agenda; however, Mr Kilbury's motion required that the City of Pasco be notified before the project would be approved. The Council agreed to submit Mr Kilbury's letter to Union Pacific Railroad regarding their failure to service West Richland and Benton City. Visitor & Convention Bureau Board Meeting - July 28. 1992 Mr Strode reported that staff presented reports regarding memberships Specifically discussed the loss of Advantage Airlines It was the Board's opinion that this loss should be attnbuted to the failure of marketing attempts, loss of computer, and inefficient booking at the Tn-Cities location. Emergency Medical Services Council Board Meeting - August 3. 1992 Mr Strode reported that he was unable to attend the meeting PUBLIC HEARINGS. Liberty Street and Alley Vacation - McLeod's Addition (MF #92-26-V) Mr McDonald reported to the Council that staff did cause a notice to be published in the Tn-City Herald and notified the vanous utility companies MAYOR DEFELICE DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE VACATION OF CERTAIN PORTIONS OF LIBERTY STREET LYING EAST OF HIGHWAY SR-395 EASTERLY RIGHT-OF- WAY LINE AND THE CENTER LINE OF SECTION 17, TOWNSHIP 9 N. RANGE 29 EAST W M, AND THE NORTH-SOUTH ALLEY ABUTTING LOTS 13-23, BLOCK 1, MCLEOD'S ADDMON. Following three (3) calls from Mayor DeFelice for further comments from the floor, either for or against, the public heanng was declared closed Ordinance No. 2885 AN ORDINANCE VACATING CERTAIN PORTIONS OF LIBERTY STREET AND NORTH-SOUTH ALLEY ADJOINING MOTION: Ordinance No 2885, was read by title only. Mr. Jensen moved to adopt Ordinance No. 2885, vacating certain portions of Liberty Street and adjacent alley, all located in McLeod's Addition Mr. Hargrow seconded the motion. Motion carried. -2- , MINUTES REGULAR MEETING PASCO CITY COUNCIL AUGUST 3, 1992 — ORDINANCES/RESOLUTIONS NOT RELATED TO PUBLIC HEARINGS Ordinance No. 2880 AN ORDINANCE REGULATING "GOING OUT OF BUSINESS" SALES, AND CREATING NEW CHAPTER 505 TO THE PASCO MUNICIPAL CODE MOTION: Mr Jensen moved to adopt Ordinance No 2880, an ordinance regulating going out of busmess sales in the City of Pasco. Mr Strode seconded the motion Mr Garnson addressed Council to express his opposition to this ordinance. He feels that it is mappropnate for the City to restrict business in this fashion and could not support this ordinance Mr Clare Cranston, 906 W. Nixon Street, asked if the ordinance could be read aloud? Mr Rubstello explained that the ordinance would require a business that is planning to advertise a "Going Out of Business" sale, thus giving a definite impression to the public that at the end of the sale the business would close its doors permanently, to purchase a special permit. This permit would cost $30 00 and would expire after 90 days In addition to this, after the 90 days, their regular city business hcense will be void Motion carried (Garrison - No) Ordinance No. 2886 AN ORDINANCE SPECIFYING PROCEDURES FOR SEPA ADMINISTRATIVE APPEALS TO THE CITY COUNCIL; SPECIFYING THE AUTHORITY OF THE CITY COUNCIL, ESTABLISHING A FILING FEE FOR ADMINISTRATIVE SEPA APPEALS, AND CREATING NEW CHAPTER 23.055 TO THE PASCO MUNICIPAL CODE. MOTION. Ordinance No. 2886, was read by title only Mr Lathim moved to adopt Ordinance No. 2886, establishing procedures for SEPA administrative appeals. Mr. Garrison seconded the motion Motion carried Ordinance No. 2887 AN ORDINANCE AUTHORIZING PROCEEDINGS FOR THE FORECLOSURE OF DELINQUENT LOCAL IMPROVEMENT DISTRICT ASSESSMENTS OR INSTALLMENTS MOTION. Mr. Jensen moved to adopt Ordinance No 2887, concerning the foreclosure of delinquent local improvement district assessments and installments Mr Gamson seconded the motion Mr John Jones addressed Council and explained that he wasn't against this action; however, he felt there should be an alternative to foreclosure in his case Mr Jones explained that he became involved with the property located at 1601 E Lewis Street in 1988 and found out just recently that there was a 1982 $30,000 LID against it He said a title search had been done by Franldin County and they found no record of an LID on the title -3 _ MINUTES REGULAR MEETING PASCO CITY COUNCIL AUGUST 3, 1992 Mr. Jones feels if an LID was made in 1982 the City has had ample time to notify the owners of the LID. He feels the City has done a poor job of notifying property owners of the chance that they are going to lose their property. He also felt it was inappropriate for a property owner to pay for an old LID on something that was done long before he assumed ownership of the property if a reasonable effort has been made to search for any liens against the property He came to City Hall twice to ask if there were any hens against the property and was told that there weren't any, however, that there was a water bill amounting to $142.00, which he wilhrig paid. Mr Jones feels that after a bill is 15 years old the City should foreclose on the property or place a hen against it so that a future owner would know of a hen against it. Mayor DeFehce asked why Mr Jones could find no record of this LID? Mr. Rubstello explained that the way a citizen would find out about an LID would be to check with the City. He felt that possibly what happened with Mr Jones, and happens to a lot of people, was that when property changes hands the owner doesn't tell the purchaser that there's a lien The person that buys the property doesn't check for an LID and the notices keep going to the onginal owner of the property at the time of the LID. MOTION Mr Kilbury moved to table Ordinance No 2887 until the next regular meeting Mr Jensen seconded the motion Mr Strode asked if LID liens are recorded with Franklin County and was told that they were not He felt that it would be appropriate for the City to start recording these hens and asked that the City Manager explore a method similar to the proposed ordinance that will automatically key staff to look into why installments have been missed after two years have transpired instead of letting them lapse Motion carried (Strode - No) Resolution No. 2026 A RESOLUTION AUTHORIZING STAFF TO INCLUDE PROVISIONS FOR THE DESIGN AND CONSTRUCTION OF THE PROPOSED NORTHWEST ANNEXATION AREA PRESSURE SEWER SERVICE LINE IN THE ENGINEERING SERVICE CONTRACT BEING NEGOTIATED WITH BOVAY NORTHWEST, INC , WITH THE COMMITMENT OF THE CITY THAT SUCH USE OF THE ROAD 36 INTERCEPTOR CAPACITY SHALL NOT CONSTRAIN THE CONTEMPLATED DEVELOPMENT OF THOSE LANDS WITHIN THE N 1/2 SEC 14, THE ROAD 36 INTERCEPTOR WAS SIZED TO SERVICE MOTION Mr Lathim moved to adopt Resolution No 2026, authonzing staff to include provisions for the design and construction of the proposed Northwest Annexation Area pressure sewer service line in the engineenng services contract being negotiated with Bovay Northwest, Inc, with the commitment that such use of the Road 36 interceptor capacity shall not restrain the contemplated development of those lands within the north half of Section 14 the Road 36 interceptor was sized to service. Mr. Garrison seconded the motion Mayor DeFelice asked if Council could wait until after January, 1993 before taking this action? 4 MINUTES REGULAR MEETING PASCO CITY COUNCIL AUGUST 3, 1992 Mr. Ajax explained that once the City is under contract with Bovay Northwest, Inc, they will engineer the main, long term answer as well as an intenm solution. The interim solution will have to have tie-in points with the ultimate answer This action will allow Bovay Northwest, Inc., to proceed with the engineering, obtain easements where necessary, and be ready to implement. Mr. Lathim expressed his support of this action as a way to show the area that Pasco is being progressive and is willing to encourage growth m the area as quickly as possible. Mr John Shaw, of 1311 North 15th Avenue, addressed Council to express his opposition to this action He feels the City and County should try to get together on this issue and work something out that would be to the benefit of both City and County residents Motion carried Ordinance No. 2888 AN ORDINANCE RELATING TO PARKING ON A PORTION OF OCTAVE STREET AND AMENDING SECTION 10.56.080 OF THE PASCO MUNICIPAL CODE. MOTION Mr. Garrison moved to adopt Ordinance No 2888, which amends Section 10.56.080 of the Pasco Municipal Code by banning parking at all times on the south side of Octave Street between a point 280 feet east of the east curb line of Road 34 and a point 420 feet east of the east curb line of Road 34 Mr. Lath= seconded the motion Mr. Hargrow felt there should be some other way of correcting this problem instead banning parking in this area, however, he was informed by Mr Ajax that the property owners involved wanted this action taken. Motion carried (Hargrow - No). Ordinance No. 2889 AN ORDINANCE RELATING TO COMPREHENSIVE LAND USE PLANNING AND AMENDING THE COMMUNITY DEVELOPMENT POLICY PLAN MOTION. Ordinance No. 2889, was read by title only. Mr. Lathim moved to adopt Ordinance No. 2889, amending the land use element of the comprehensive plan for the SR-182 area. Mr Garrison seconded the motion. Motion carned. UNFINISHED BUSINESS. None NEW BUSINESS. Award of the Contract for the West Pasco Water Interties: MOTION Mr Jensen moved to award the contract for the West Pasco Water Interties, Contract No 92-2-01, to the low bidder, K Kaser Company, Inc., in the amount of $130,307 78 and, further, to authorize the Mayor to sign the contract documents. Mr. Lathim seconded the motion Motion earned -5 MINUTES REGULAR MEETING PASCO CITY COUNCIL AUGUST 3, 1992 MISCELLANEOUS - INCLUDING SUGGESTIONS FROM COUNCIL* None. ADJOURNMENT No further business, the meeting was adjourned at 8 55 P.M. I Joy lice, Mayor ATTEST: Catherme D. Seaman Deputy City Clerk PASSED and APPROVED this 17 day of , 1992 I I