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HomeMy WebLinkAbout1993.11.15 Council MinutesMINUTES PASCO CITY COUNCIL REGULAR MEETING NOVEMBER 15, 1993 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 Joyce DeFelice, Michael Gamson, Edgar Hargrow, Chris Jensen, Charles Kilbury„ and Carl Strode Council members absent Dan Lathan Also present Gary Crutchfield, City Manager, Greg Rubstello, City Attorney, Dan Underwood, Finance Director, Jim Ajax, Public Works Director, David McDonald, Community Development Director, Dick Erickson, Parks and Recreation Director, and Kurt Luhrs, Administrative Assistant PLEDGE OF ALLEGIANCE The meeting was opened with the Pledge of Allegiance CONSENT AGENDA MOTION Mr Garrison moved to approve the Consent Agenda Seconded by Mr Jensen Motion earned unanimously Consent items are as follows A) Approval of Minutes To approve minutes of Regular Meeting held November 1, 1993 B) Bills and Communications To approve General Claims in the amount of $195,019 45 ($14,130 57 being in the form of Wire Transfer Nos 2827 and 2828, and $180,888 88 consisting of Claim Warrants numbered 83789 through 83963) C) Resolution No 2102 To approve Resolution No 2102, authorizing Ben Franklin Transit to create a transit stop on the north side of Columbia between 2nd and 3rd Avenues D) Third Addendum to Landex Agreement To approve the third Addendum to the Real Estate Agreement with Landex Associates and, further, to authorize the Mayor to sign the Addendum PROCLAMATION AND ACKNOWLEDGMENTS None VISITORS None. REPORTS FROM COMMI1 FEES AND/OR OFFICERS Mayor's Activity Report Mayor DeFelice reported that on November 12, 1993, she attended the Grand Re-Opening of the Village Market Place Pasco Task Force for a Safe Community Meeting - November 2, 1993 Mr Jensen reported that the Task Force has hired Kelly Smart as the Executive Coordinator She has been with the Juvenile Justice Center for approximately 3 years krtti ,,,,;?_vr `ililq-Vir MINUTES REGULAR MEETING PASCO CITY COUNCIL NOVEMBER 15, 1993 Pasco Downtown Development Association Board Meeting - November 2 1993 Mr Kilbury reported that new directors to the Board were announced The election of new officers was postponed until the December meeting. Committee reports were as follows. The Farmers Market parking on Columbia Street went well, with the Committee still looking at the expansion of parking, the Marketing Promotion Committee reported that the Columbia Basin College Marketing Class is making a preliminary study of retailing in the downtown area, and the Village Market had a Grand Re-Opening on November 12, 1993 Parks and Recreation Advisory Council Meeting - November 4. 1993 Mayor DeFelice reported that she was unable to attend the meeting Air Pollution Control Authority Board Meeting - November 4. 1993 Mr Hargrow reported that he was unable to attend the meeting Senior Citizens Advisory Committee Meeting - November 8. 1993 Mayor DeFelice reported that she was unable to attend the meeting B F Transit Board Meeting - November 11. 1993 Mr Garrison reported that the Transit will be providing color-coded route guides, which show the route in red and then other has colors to denote different items of interest There will be a budget workshop on December 2, 1993 The meeting time was changed to 7 00 p m There was a report on a radial tire test that was conducted by the Transit and Firestone Tires, Inc The bias-ply tires lasted approximately 24,000 miles, while the radial tires lasted approximately 80,000 miles, there is a tremendous savings in shop labor for repairs and replacement of tires of almost $30,000 a year There will be a public heanng concerning Route 160 and the problem it's experiencing due to timing, lights, etc PUBLIC HEARINGS Farrcll Annexation (MF #93-43-A1) Mr McDonald, Director of Community Development, addressed Council and noted for the record that notice of the public hearing was published as required by law Mr McDonald explained that the Council accepted a petition from Mr Farrell in September, wherein, he and approximately 10% of the owners of assessed property within the area described by the Mayor request annexation int.: he City The information was prepared and filed with the Franklin County Boundary Review Board, which reviewed this matter and let the required time lapse for invoking jurisdiction No other agencies or individuals requested jurisdiction be invoked The matter is now completely through the Boundary Review Board Mr Farrell has gathered signatures for the 60% petition Staff has reviewed the petition, certified it to be acceptable, and that it meets all statutory requirements Mayor DeFelice questioned if any Annexation Agreements were used to reach the 60% requirement? Mr McDonald answered that there were some agreements used Mr Farrell was able to gamer approximately 59% current signatures MAYOR DEFELICE DECLARED THE PUBLIC HEARING OPEN TO CONSIDER ANNEXA 'ION OF THE PROPERTY IN THE GENERAL LOCATION SOUTH OF COURT STREET, EAST OF ROAD 42, NORTH OF HENRY STREET, AND WEST OF ROAD 36 Following three (3) calls from Mayor DeFelice for comments from the floor, either for or against, and there being none, the public hearing was declared closed MINUTES REGULAR MEETING PASCO CITY COUNCIL NOVEMBER 15, 1993 ORDINANCE NO. 2971 AN ORDINANCE RELATING TO ANNEXATION AND ANNEXING CERTAIN REAL PROPERTY TO THE CITY OF PASCO MOTION. Ordinance No 2971, was read by title only Mr Garrison moved to adopt Ordinance No 2971, annexing certain real property to the City of Pasco. Mr. Strode seconded the motion. Motion carried unanimously ORDINANCES/RESOLUTIONS NOT RELATED TO PUBLIC HEARINGS ORDINANCE NO. 2970 AN ORDINANCE RELATING TO LAND USE AMENDING TITLE 22 BY ENACTING NEW PROVISIONS IN CHAPTER 22 37 DEALING WITH MANUFACTURED HOMES. MOTION Mr Garrison moved to adopt Ordinance No 2970, amending PMC Chapter 22 37 making provisions for site built homes and authorize publication by summary Mr Hargrow seconded the motion Mr McDonald informed Council that Mr Dellinger, the individual who requested these amendments, requested that this matter be tabled to allow him another couple of weeks to gather additional data for the benefit of the Council before any action is taken However, Dr Nelson, who opposes some of the proposed amendments, wanted the item left on the agenda MOTION Mr Kilbury moved to table Ordinance No 2970 Mr Jensen seconded the motion Motion carried by the following voice vote Yes - Jensen, Kilbury, Strode, DeFelice, No - Garrison, Hargrow ORDINANCE NO. 2972 AN ORDINANCE RELATING TO LAND USE AND ZONING, AMENDING TITLE 22 BY ENACTING NEW CHAPTERS 22 22A AND 22 23 DEALING WITH SUBURBAN ZONING DISTRICTS MOTION Ordinance No 2972, was read by title only Mr Garrison moved to adopt Ordinance No 2972, amending PMC Title 22 by creating the RS-20 and RS-12 zoning districts and authorize publication by summary Mr Strode seconded the motion Motion carried unanimously ORDINANCE NO. 2973 AN ORDINANCE CONCERNING NEW WATER SERVICE AND SEWER CONNECTIONS, AMENDING PMC 13 22 015 MOTION Ordinance No 2973, was read by title only Mr Garrison moved to adopt Ordinance No 2973, concerning water and sewer connections within Census Tracts 201 and 202 Mr Strode seconded the motion Motion carried unanimously ORDINANCE NO. 2974 AN ORDINANCE ASSIGNING ZONING TO CERTAIN REAL PROPERTY WITHIN THE CITY OF PASCO -3 MINUTES REGULAR MEETING PASCO CITY COUNCIL NOVEMBER 15, 1993 MOTION Ordinance No. 2974, was read by title only Mr Garnson moved to adopt Ordinance No 2974, establishing RS-12 zoning for the Farrell annexation Mr Strode seconded the motion Motion earned unanimously ORDINANCE NO. 2975 AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, RELATING TO CONTRACTING INDEBTEDNESS, PROVIDING FOR THE ISSUANCE, SPECIFYING THE MATURITIES, INTEREST RATES, TERMS AND COVENANTS OF $4,800,000 PAR VALUE OF UNLIMITED TAX GENERAL OBLIGATION BONDS, 1993, AUTHORIZED BY THE QUALIFIED VOTERS OF THE CITY AT A SPECIAL ELECTION HELD THEREIN PURSUANT TO ORDINANCE NO 2870, ESTABLISHING A BOND REDEMPTION FUND AND A CONSTRUCTION FUND, AND APPROVING THE SALE AND PROVIDING FOR THE DELIVERY OF THE BONDS TO SEATTLE-NORTHWEST SECURITIES CORPORATION OF SEATTLE, WASHINGTON MOTION Mr Jensen moved to adopt Ordinance No 2975, authorizing issuance of the 1993 Unlimited Tax Obligation Bonds in the amount of $4,800,000 Mr Hargrow seconded the motion Mr Crutchfield introduced Mr Alan Dashen, of Seattle-Northwest Secunties Corporation, and explained that Mr Dashen would provide the details regarding interest rates on the bonds Mr Dashen explained that the City's unlimited tax obligation bonds had been sold He informed Council about interest rates (51% on this bond issye) and how the City compared against other entities when sold on the market Mr Dashen went on to explain that with Council's approval of Ordinance No 2975, the rules and provisions of the bond sale would be set up and would also authorize the adoption of a purchase contract by Seattle-Northwest Secunties Corporation Mr Garrison asked if provision had been made for sale of the bonds on a local level to allow the community to become involved? Mr Dashen stated that an ad was placed in the paper and the Finance Department received three or four calls concerning the bonds He also stated that with the next bond issue there would be a more extensive advertising campaign to make sure the public is more aware of this well in advance of the sale Motion earned unanimously UNFINISHED BUSINESS None NEW BUSINESS Ivy Glades - Proposed Sewer Agreement Mr Rubstello explained to Council that he had prepared an agreement based upon the discussion at the workshop meeting last week Mr Hendler and his attorney have looked it over and, consequently, there is a revised draft that changed the language in a few of the paragraphs These paragraphs deal primarily with the transfer of easements, clarifying language that once the transfer is made that the City would assume all responsibility, both financial and legal, for the -4- MINUTES REGULAR MEETING PASCO CITY COUNCIL NOVEMBER 15, 1993 operation of the line Paragraph #3 was also modified, which makes it clear that the developer would hold the City harmless if claims by third parties anse out of the construction. Paragraph #5 allows for a period of up to fifteen years, that if anybody outside the Ivy Glades Development was to connect to the line that the City and Developer split any system fees paid to a maximum of $150,000 reimbursed to the developer. MOTION Mr. Jensen moved to enter into agreement with H J Development Group which sets forth the terms and conditions under which a pressure sewer line and pump station will be designed, constructed and turned over to the City for ownership and operation Mr Hargrow seconded the motion Mr Garrison stated that he had a problem with paragraph #5 He felt that there was the potential that the City could end up being approximately $300,000 short in the future when the gravity system is put in MOTION Mr Garrison moved to remove paragraph #5 from the agreement Mr Strode seconded the motion Mr Strode was also concerned about the amount of money that may be diverted from the costs of maintaining this portion of the sewer line, but also maintaining the infrastructure that supports the sewer line In addition, if a substantial number of users hook up to this system outside of the development, and after the gravity system is installed, there could be that many less users that will be in a position to finance the new line Therefore, it will cause the maintenance, operation and funding of that line to be curtailed For these reasons he supported Mr Garnson's amendment Mr Kilbury stated that paragraph #5 may have impinged upon the Constitutional requirement that the credit of the State cannot be loaned and for this reason he also supported the removal of paragraph #5 Mr Hendler, no address given, addressed Council and asked if he should assume, that with the removal of paragraph #5, that the system would remain in the possession of the City and that the number of persons allowed to hook up to the system would be controlled by the City'? Mayor DeFelice explained that the fees would not be split 50/50 and the City would take over the maintenance and operation of the system Mr Hendler felt that he was providing a system and if the City were to extend this system to others that he should be reimbursed a portion of his costs He stated that if paragraph #5 is removed he would not want to be party to the agreement Mr Crutchfield explained to Mr Hendler that if someone outside the Ivy Glades Development were allowed to hook up to the system and it diminished the capacity of the system it would obligate the City to provide that capacity at whatever the cost, with no additional cost to the Ivy Glades developer or landowners Mr Ajax confirmed this information Mr Garrison pointed out his concern that when the City puts in the gravity system, the citizens of Pasco would be responsible for incurring additional costs for those users that are hooked up to the system already in place -5 oe eFelice, Mayor " s I' ' MINUTES REGULAR MEETING PASCO CITY COUNCIL NOVEMBER 15, 1993 Mr Clare Cranston, of 907 W Nixon St, addressed Council in support of the removal of paragraph #5 and felt this would be the proper thing do to Mr. Ajax explained that when the original proposal was presented to Council in April, staff felt it was a good idea, but that Mr. Hendler should pay the operational costs because the development would be for his special benefit and would not be a permanent solution The permanent solution would be the gravity line The motion to amend the original motion by removing paragraph #5 from the agreement carried by the following roll call vote Yes - Gamson, Hargrow, Kilbury, Strode, DeFelice, No - Jensen Adoption 1994 Community Block Grant Program 1994 MOTION Mr Garrison moved to approve the Development Plan, Statement of Objectives and follows. Tr-Cities Low Cost Housing, Inc. $ 40,000 Program Administration 65,000 Housing Rehab 80,000 Code Enforcement 38,000 Revolving Abatement Fund 34,000 Senior Center Completion 220,000 Recreation Specialist 38,000 Highland Park Security Lighting , 15,000 Centennial Park Secunty Lighting 15.000 TOTAL $545,000 Mayor DeFelice asked for comments from the floor, either for or against, and there being none, proceeded Mr Jensen seconded the motion Motion carried (Kilbury abstained - conflict of interest) Bid Award Civic Center Project MOTION Mr Jensen moved to award the low bid and Civic Center Construction Contract to the low bidder, Levermer Construction of Spokane, and authorize the Mayor to sign the contract on behalf of the city upon submittal of the required contract documents by Levernier Construction Mr Strode seconded the motion Motion carried by unanimous roll call vote MISCELLANEOUS - INCLUDING SUGGESTIONS FROM COUNCIL Mayor DeFelice called an Executive Session at 9 15 p m to discuss contract negotiations Mayor DeFelice reconvened the regular meeting at 9 35 p m ADJOURNMENT No further business, the meeting was adjourned at 9 35 P M The ongmal motion as amended earned by unanimous roll call vote Community as Use of Funds _ 6 - MINUTES REGULAR MEETING PASCO CITY COUNCIL NOVEMBER 15, 1993 ATTEST Cathenne D Seaman Deputy City Clerk PASSED and APPROVED this 6; day of iDer.zniber , 1993 -7