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HomeMy WebLinkAbout1995.08.21 Council MinutesMINUTES PASCO CITY COUNCIL REGULAR MEETING AUGUST 21, 1995 CALL TO ORDER The meeting was called to order at 7 30 P M by Joyce DeFelice, Mayor ROLL CALL By Deputy City Clerk Councilmembers present Joyce DeFehce, Michael Garrison, Charles Kilbury, Dan Lathim, and Carl Strode Councilmembers absent Edgar Hargrow, Chris Jensen Also present Gary Crutchfield, City Manager, Greg Rubstello, City Attorney, Dan Underwood, Finance Director, Bob Alberts, Public Works Director, Greg Garcia, Fire Chief, Denis Austin, Police Chief, and Dave McDonald, City Planner PLEDGE OF ALLEGIANCE The meeting was opened with the Pledge of Allegiance EXECUTIVE SESSION Mayor DeFelice recessed the regular meeting at 7 32 p m to an executive session for the purpose of discussing potential litigation Mayor DeFelice reconvened the regular meeting at 7 47 p m CONSENT AGENDA MOTION Mr Garrison moved to approve the Consent Agenda Seconded by Mr Lathim Motion carried unanimously Consent items are as follows A) Approval of Minutes To approve minutes of the Regular Meeting held August 7, 1995 To approve minutes of the Special Meeting held August 14, 1995 B) Bills and Communications To approve General Claims in the amount of $646,201 31 ($13,857 87 being in the form of Wire Transfer Nos 3010 and 3011, and $632,343 44 consisting of Claim Warrants numbered 93017 through 93244 C) Resolution No 2198 To approve Resolution No 2198, authorizing the lease of the Queen of Spades Park to Our Lady of Lourdes Hospital and, further, authonzmg the Mayor to sign the Lease Agreement D) "A" Street Overlay To authorize the Mayor to execute the Local Agency Agreement with the Department of Transportation for project funding for the "A" Street Overlay E) Appointments to Senior Citizens Advisory Committee Council concurred in the Mayor's re-appointments to the Senior Citizens Advisory Council, as follows Joe Balthazor to Position No 7 for a term that will expire on June 16, 1998, Dorothy Miller to Position No 8 for a term that will expire on June 16, 1998 PROCLAMATION AND ACKNOWLEDGMENTS None MINUTES REGULAR MEETING PASCO CITY COUNCIL AUGUST 21, 1995 VISITORS Mr Tom Sullivan addressed Council concerning property conditions existing across from the apartment complex he manages (Columbia Apartments) He was concerned because it didn't appear to him that the property in question was up to code requirements Mr Crutchfield directed him to talk to Mr McDonald, City Planner, about his concerns REPORTS FROM COMMITTEES AND/OR OFFICERS Mayor's Activity Report No report given BFRC Tn-MATS Policy Advisory Committee Meeting, August 10, 1995 Mr Kilbury reported that the Draft Transportation Improvement Plan was approved Items presented for information purposes were as follows The Growth Management Act update on the transportation element, HP open houses on August 16th & 17th in Pasco and Walla Walla, the Washington State Transportation Conference in Spokane, and a Rail Transportation Study of the Burlington Northern Railroad plan to run trains over Stampede pass B F Transit Board Meeting, August 10, 1995 Mr Garrison reported that the following were approved A resolution to solicit proposals for literature display units for the transfer stations, to purchase of five (5) new bus shelters, and to purchase seventeen (17) new Van Pool vehicles through the State Purchasing Contract on a grant received from the federal government Senior Citizens Advisory Committee Meeting, August 14, 1995 Mayor DeFelice was unable to attend the meeting Benton-Franklm Regional Council Board Meeting, August 18, 1995 Mr lbury reported that the meeting was routine in nature and included the approval of the Draft Regional and State Transportation Improvement Board Projects and the Steptoe Street Improvement Study Good Roads Association Meeting Mr Lathim reported the Hillsboro Interchange was placed high on the pnonty list in response to the significant number of accidents and the number of deaths Mr Alberts explained that earlier this year the City retained HDR Engineers to do a study on the Hillsboro Interchange with the result that ten (10) possible options were presented These options will be brought before Council in the near future PUBLIC HEARINGS Recovery of Abatement Costs at 115 West Sylvester Street Mr David McDonald, City Planner, addressed Council and noted for the record that notice of the public heanng was published and the property owner was notified as required by law Mr McDonald explained that as a result of a lack of maintenance and upkeep, the property surroundmg 115 West Sylvester Street was determined to be substandard and dangerous The owner of the property failed to remove all debns, trash, litter, old vehicles, a broken-down mobile home and substandard buildmgs from the property As a result the City, through application of the Uniform Housing Code, hired a contractor to clean up the property The City incurred a cost of $7,956 28 for abatement activities on said property -2- MINUTES REGULAR MEETING PASCO CITY COUNCIL AUGUST 21, 1995 Following the conduct of a heanng and acceptance of any objections or protests, Council has the option of recovermg abatement costs by assessing the charges against the property owner or making said charges a personal obligation of the property owner In this case the property owner is in pnson and will be there for some time, therefore, the personal obligation method of cost recovery is not a viable option There is more than enough remammg value in the property to cover abatement expenses Staff recommends that a lien be placed on the property Mr Strode asked if it would be possible to collect interest while the lien is in force and uncollected'? Mr McDonald explained that the code does not provide for the collection of interest MAYOR DEFELICE DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE METHOD OF RECOVERY OF ABATEMENT COSTS AT 115 WEST SYLVESTER STREET 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 MOTION Mr Garrison moved to assess abatement expenses for Lots 9- 11, Block 1, Northern Pacific First Addition in the amount of $7,956 28 against said property as a special assessment and lien upon said property Mr Lathim seconded the motion Motion carried unanimously Recovery of Abatement Costs at 322 North 2nd Avenue Mr David McDonald, City Planner, addressed Council and noted for the record that notice of the public hearing was published and the property owner was notified as required by law Mr McDonald explained as a result of a lack of maintenance, the building located at 322 North 2nd Avenue was determined to be substandard and dangerous The contract purchaser of the property obtained a building permit to make needed repairs, but failed to complete those repairs As a result the City, through application of the Uniform Housing Code, hired a contractor to raze the structure The City incurred a cost of $5,874 14 for the abatement of this structure Although abatement expenses and encumbrances exceed the assessed value of this property by $2,146 00, staff would recommend abatement expenses be assessed against the property as a lien, rather than a personal obligation of the property owner The City has a greater chance of recouping most of the abatement expenses through the lien process without incurring further expenses such as legal costs MAYOR DEFELICE DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE METHOD OF RECOVERY OF ABATEMENT COSTS AT 322 NORTH 2ND AVENUE Following three (3) calls from Mayor DeFelice for comments from the floor, either for or against, and there being none, the public heanng was declared closed MOTION Mr Gamson moved to assess abatement expenses for Lot 1 and a portion of Lot 2, Block 25, N P Plat, in the amount of $5,874 14 against said property as a special assessment and lien upon the property Mr Lathim seconded the motion Motion carned unanimously Recovery of Abatement Costs at 107 West Shoshone Street Mr David McDonald, City Planner, addressed Council and noted for the record that -3- MINUTES REGULAR MEETING PASCO CITY COUNCIL AUGUST 21, 1995 notice of the public hearmg was published and the property owner was notified as required by law Mr McDonald explained that as a result of a lack of mamtenance and upkeep, the property at 107 West Shoshone Street was determined to be substandard and dangerous The owner failed to take correct action as requested by the City to eliminate substandard and dangerous conditions on the property As a result the City, through application of the Uniform Housing Code, hired a contractor to raze the structure and remove all debns from the property The City mcurred a cost of 84,389 75 for abatement activities on this property Including the City's abatement expenses, there are approximately $4,389 75 of encumbrances on this piece of property The assessed value is only $2,000 00 Typically when the encumbrances significantly exceed the assessed value, abatement expenses have been made a personal obligation of the property owner In this case, the property owner as shown on the Courthouse records is deceased The next of kin live out of state To avoid further expense, staff recommends that a lien be placed on the property MAYOR DEFELICE DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE METHOD OF RECOVERY OF ABATEMENT COSTS AT 107 WEST SHOSHONE STREET Following three (3) calls from Mayor DeFelice for comments from the floor, either for or against, and there bemg none, the public hearmg was declared closed MOTION Mr Gamson moved to assess abatement expenses for Lot 1, Block 6, N P Plat, in the amount of $4,389 75 against said property as a special assessment and lien upon the property Mr Lathim seconded the motion Motion earned unanimously Recovery of Abatement Costs at 129 West Sylvester Street Mr David McDonald, City Planner, addressed Council and noted for the record that notice of the public hearmg was published and the property owner was notified as required by law Mr McDonald explained that as a result of a lack of maintenance and upkeep, the property at 129 West Sylvester Street was determined to be substandard and dangerous The owner failed to take correct action as requested by the City to eliminate substandard and dangerous conditions on the property As a result the City, through application of the Uniform Housing Code, hired a contractor to raze the structure and remove all debns from the property The City incurred a cost of $5,023 94 for abatement activities on this property Including the City's abatement expenses, there are approximately $6,925 59 of encumbrances on this piece of property The assessed value of the property is only $3,500 00 The property owner is in pnson and will be there for some time At the present time the best option for recouping any of the abatement expenses would be through placing a hen on the property MAYOR DEFELICE DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE METHOD OF RECOVERY OF ABATEMENT COSTS AT 129 WEST SYLVESTER STREET Following three (3) calls from Mayor DeFehce for comments from the floor, either for or against, and there being none, the public hearmg was declared closed -4- MINUTES REGULAR MEETING PASCO CITY COUNCIL AUGUST 21, 1995 MOTION Mr Gamson moved to assess abatement expenses for Lot 8, Block 1, Northern Pacific First Addition, in the amount of $5,023 94 against said property as a special assessment and hen upon the property Mr Lathim seconded the motion Mr Lathim wanted to comment that he felt the abatement program was a good program It may seem somewhat expensive, however, he believed that it takes care of fire hazards and helps with cnme associated with persons living where they shouldn't without proper authority Motion carried unanimously ORDINANCES/RESOLUTIONS NOT RELATED TO PUBLIC HEARINGS Ordinance No. 3094 AN ORDINANCE VACATING THE FR-3 LINE LOCATED NORTHEAST OF COURT STREET AND HIGHWAY 395 Mr McDonald explained that several weeks ago Council held a public hearing to consider vacation of a access road that is located at the northeast corner of Court Street and Highway 395 It was built by the State to provide access to the back seven (7) acres of a piece of property that didn't front on Court Street There is a developer that would like to build a grocery store and a retail complex on the property The right-of- way is no longer needed The property owner will be dedicating another right-of-way that will align with Road 26 and will provide new access to the property MOTION Mr Gamson moved to adopt Ordinance No 3094, vacating the FR-3 Line northeast of the intersection of Court Street and Highway 395/12 Mr Lathim seconded the motion Motion carried unanimously Resolution No. 2199 A RESOLUTION APPROVING A PRELIMINARY PLAT FOR THE GAP Mr Strode asked why the preliminary plat had a 1/4 mile long road with a cul-de-sac at the end? Mr McDonald explained that the developer would be required to provide an access easement, which will be obtained from the mall developer to the south The Plannmg Commission determined that with conditions related to the street alignment, sewer and water easements and emergency service access, the preliminary plat could be recommended for approval Mr Strode felt the preliminary plat was a very un-workable scheme as far as traffic flow The only exit from the land would be 26th Avenue and Pearl Street, which exits to 20th Avenue Other than that, there would be no way out of the development He felt the traffic congestion would be horrendous, especially considering the dimensions of West Jay Street (which is approximately 10 or 20 feet narrower than any other street in Pasco) Mr McDonald explamed that the preliminary plat had been reviewed by the Engmeenng Department Mr Strode asked if the proposed plat was the kind of proposal that is required to have notice given to property owners with a certain distance? Mr McDonald stated that was correct -5- MINUTES REGULAR MEETING PASCO CITY COUNCIL AUGUST 21, 1995 Mr Kilbury felt the sewer arrangements were somewhat wanting and asked Mr McDonald to explain them Mr McDonald explamed that the sewer would come from the alley just below the LDS Church It would go west where it would run into the cul-de-sac, then up the street to serve the lots The Engineering Department also reviewed this aspect of the preliminary plat Mr Garrison asked what would serve as emergency access if the mall is not developed'? Would some sort of access road still be required'? Mr McDonald explained that the developer of The GAP would be obligated to put in whatever is deemed acceptable plus a gravel surface on top of the easement for the sewer line Emergency access would be required as part of the final plat approval MOTION Mr Garrison moved to approve Resolution No 2199, approving the preliminary plat for "The CAP" Mr Lathim seconded the motion Mr Strode was very concerned with the dead-end arrangement that would be significantly longer than anything else in the City There is no apparent emergency egress route that would be convenient for emergency use There is an existing alley that goes to 24th Avenue, other than that, there is no southerly egress He felt the plat would prove to be a bottle-neck having one way in and no way out Mr Gamson stated he was uncomfortable with putting a number of single family dwellings, with possibly two cars, having only two ways out Mr Kilbury concurred with Mr Strode's arguments and comments • Mr McDonald explained that the Sun Willows development will have far more dwelling units, than the proposed development, and only one way in If the road were blocked the only way in for emergency vehicles would be to cross the golf course Mr Lathim stated that he had similar concerns as his fellow Councilmembers, but since the Planning Commission approved and recommended the plat he had no problem with approving the preliminary plat MOTION Mr Kilbury moved to amend the motion to set a public hearmg on September 5, 1995, at 7 30 p m regarding this matter Mr Strode seconded the motion The motion as amended earned unanimously Resolution No. 2200 A RESOLUTION AUTHORIZING THE SALE OF SURPLUS CITY PROPERTY MOTION Resolution No 2200, was read by title only Mr Strode moved to approve Resolution No 2200, authonzmg the sale of surplus City property Mr Kilbury seconded the motion Motion earned unanimously Resolution No. 2201 A RESOLUTION AUTHORIZING THE SALE OF SURPLUS REAL PROPERTY IN EAST PASCO MOTION Resolution No 2201, was read by title only Mr Strode moved to approve Resolution No 2201, authonzmg the City Manager to execute documents for the sale of surplus real property located west of Cedar -6- MINUTES REGULAR MEETING PASCO CITY COUNCIL AUGUST 21, 1995 Avenue, east of Wehe Avenue, north of East Lewis Street and south of Park View Boulevard Mr Kilbury seconded the motion Motion earned unanimously Ordinance No. 3103 AN ORDINANCE CONCERNING WATER RULES AND REGULATIONS FOR CROSS-CONNECTIONS, AND AMENDING PMC 13 16 020 MOTION Ordinance No 3103, was read by title only Mr Gamson moved to adopt Ordinance No 3103, amending Ordinance No 2137 to be in compliance with WAC 246-290-490 for the cross-connection control program Mr Lathim seconded the motion Motion carried unanimously Ordinance No. 3104 AN ORDINANCE REPEALING ORDINANCE NO 2143 AND ADOPTING A COMPREHENSIVE PLAN FOR THE CITY OF PASCO MOTION Ordinance No 3104, was read by title only Mr Gamson moved to adopt Ordinance No 3104, establishing a Comprehensive Plan for the City of Pasco as required by the Growth Management Act Mr Lathim seconded the motion Mr Kilbury wanted to remind Council that the Growth Management Act does not contemplate any area of Walla Walla County and he believes that within the next 20 years the City of Pasco will annex that area Mr McDonald pointed out that a small section of the Wilson property was not being shown as mixed commercial/residential on the attached drawmg and Mr Wilson wanted to be reassured that it was included in the designation Mr Strode concurred with Mr McDonald suggestion that Council extend the mixed commercial/residential area south and west as descnbed Motion carned unanimously Resolution No. 2202 A RESOLUTION RELATED TO LAND USE AND DETERMINING THAT EXISTING DEVELOPMENT REGULATIONS ARE CONSISTENT WITH AND MEET THE DEVELOPMENT REGULATIONS REQUIRED BY THE 1990 GROWTH MANAGEMENT ACT OF THE STATE OF WASHINGTON MOTION Resolution No 2202, was read by title only Mr Gamson moved to approve Resolution No 2202, establishing existing City regulations as the Growth Management Development Regulations Mr Lathim seconded the motion Motion carried unanimously Ordinance No. 3105 AN ORDINANCE CONCERNING PARKING, ADDING SECTION 10 56 050 AND AMENDING SECTIONS 10 56 110 AND 10 56 140 OF THE PASCO MUNICIPAL CODE MOTION Ordinance No 3105, was read by title only Mr Gamson moved to adopt Ordinance No 3105, revising the Pasco Municipal Code -7- MINUTES REGULAR MEETING PASCO CITY COUNCIL AUGUST 21, 1995 to amend parlung limitations in certain city parking lots Mr Lathim seconded the motion Motion earned unanimously Resolution No. 2203 A RESOLUTION APPROVING LOAN AMENDMENT NO 1 TO STATE REVOLVING FUND LOAN AGREEMENT L9400013 MOTION Resolution No 2203, was read by title only Mr Garrison moved to approve Resolution No 2203, approving Loan Amendment No 1 to State Revolving Fund Loan Agreement L9400013 in the amount of $15,355,558 Mr Lathim seconded the motion Mr Crutchfield explained that the State Revolving Loan Fund is a source of financing provided by the State The projections that staff used to base sewer rates on, on the assumption that the City would receive an interest rate on the loan agreement of approximately 1% The proposed agreement reflects an interest rate of 3 5% This is a significant difference when applying it to $15,000,000 Toward the end of the agreement a paragraph has been added that states that the State will continue work with the City in determining the financial difficulty the community would face in paying back the loan at the end of the project Because the community qualifies under a "Hardship" clause of the SRF Loan Program, by virtue of the fact that Pasco has a relatively low median household income and a relative high monthly sewer rate, but the State was unwilling to go below 3 5% since the final project costs is unknown as well as the number of users of the system at the time The State did agree to keep the door open and continue to work with Staff Motion carried unanimously Resolution No. 2204 A RESOLUTION APPROVING A CENTENNIAL CLEAN WATER FUND GRANT FROM THE WASHINGTON STATE DEPARTMENT OF ECOLOGY MOTION Resolution No 2204, was read by title only Mr Garrison moved to approve Resolution No 2204, approving a Centennial Clean Water Fund grant in the amount of $2,500,000 from the Washington State Department of Ecology Mr Lathim seconded the motion Motion carried unanimously UNFINISHED BUSINESS None NEW BUSINESS City Wellhead Protection Program and Agreement with Golder Associates, Inc MOTION Mr Garnson moved to authorize the Mayor to execute the Agreement with Golder Associates, Inc for the City Wellhead Protection Program and not to exceed $12,000 in the 1995 Water and Sewer Fund Supplemental Budget Mr Lathim seconded the motion Motion earned by unanimous roll call vote Professional Services for Capital Improvement Plan MOTION Mr Strode moved to approve the Professional Services Agreement with Henderson Young and Company for development of a Capital Improvement Plan, not to exceed $15,000 and, further, authorize -8- MINUTES REGULAR MEETING PASCO CITY COUNCIL AUGUST 21, 1995 the Mayor to sign the Agreement Mr Kilbury seconded the motion Motion carried by unanimous roll call vote Demolition Contract MOTION Mr Garrison moved to award the demolition contract for 209 North 7th Avenue to the low bidder, Andnst Enterpnses, in the amount of $6,980 05 Mr Lathim seconded the motion Motion carried unanimously MISCELLANEOUS - INCLUDING SUGGESTIONS FROM COUNCIL Pasco Housing Authority Mr Crutchfield explained that after an investigation covering several months, it was determined that there might be some avoidance on the part of the Housing Authority Board to carry out it's duties Particularly, regarding it's unwillingness to use it Ethics Review Committee to consider the allegations and concerns aired by Mrs Waters on several occasions Staff has taken the time to meet with the Housing Authonty representatives over the last week Staff was advised that tenant issues have multiple avenues for grievances to be heard These avenues are not always used, and when they are used, individuals don't particularly like the result In terms of employees concerns, the City has no business being involved in employee concerns of the Housing Authority as a separate entity It is responsible for its employees, not the City In terms of violation of open meetmgs law, and also a conflict of interest on the part of certain Board members, those issues should be referred to the State Auditor's Office With these conclusions in mind, as well as the legal advise of the City Attorney, staff finds no basis to recommend that the Council proceed with a procedure to consider removal of any Housing Authonty Board member Mayor DeFelice explained that the Council was sincerely concerned with the allegations that were brought forth Mayor DeFelice read the following statement into the record on behalf of the City Council The Pasco City Council has familiarized itself with its powers and responsibilities with respect to the City/County Housing Authority The involvement of the City Council in the issues that have been brought to it concernmg the Housing Authority is an issue that requires a final resolution The determining factors considered by the City Council are as follows 1. The Housing Authority is a corporate entity separate and apart from the City of Pasco under the exclusive management of an appointed Board of Commissioners and a Chief Administrative officer selected by the Board 2. The Pasco City Council has no direct involvement in the administrative affairs of the Housing Authority It would be wholly inappropriate for the City Council to attempt to micro-manage the business of another corporate entity 3. The City Council's statutory authority to remove an appointed commissioner or commissioners is very limited Inefficiency, neglect of duty or misconduct in office require evidence of a substantial breach of statutory duty The City Council is satisfied that there is no legally sufficient basis upon which to proceed with the removal of -9- DeFelice, Mayor MINUTES REGULAR MEETING PASCO CITY COUNCIL AUGUST 21, 1995 any present commissioner of the Housing Authority The Commissioner's decision not to refer citizen complaints to their internal ethics committee is not a violation of any statutory duty 4. The alleged violation of public laws by the Commissioners are all subject to judicial review by complaint filed in Supenor court Specific statutes such as the Public Disclosure Act (RCW 42 17), the Appearance of Fairness Doctrine (Chapter 42 36 RCW), and the Open Public Meetings Act (Chapter 42 30 RCW) all specifically provide for judicial remedies in the event of violation of the requirements of those acts In addition, the state Auditor's office, which has a local branch office, is available to receive and investigate complaints of unlawful conduct by public entities, including the Housing Authority The City Council has provided ample opportunity for public comment on the conduct of Housing Authority Commissioners, and in particular as it relates to the termination of its former Executive Director, Robert Sandoval and events transpiring thereafter In light of the above factors, further public comment seeking involvement of the City Council on Housing Authority matters or the removal of Commissioners will be ruled out-of-order Council will continue to receive written comments from the public, which it may or may not consider, in its sole judgment, appropriate for consideration at the time of filling a vacant Housing Authority Board position or when considermg the re-appointment of a Commissioner Personnel and Labor Relations issues existing between employees of the Housing Authority and the Board of Commissioners are simply not matters that will be addressed by the City Council or in which the Council will involve itself Tenants of the Housing Authority are benefited by a Tenant's Council created to comply with requirements of United States Department of Housing and Urban Development This forum provides for "majority- rule" Tenants of the housing Authonty expressmg minority view points or who are dissatisfied with the decisions of the Tenant Council or the established complaint procedure, should not expect to have their complaints reviewed and acted upon by the City Council The City Council has determmed that the City Council Chamber is not the appropriate venue for continued complaints of the nature made over the past few months by supporters of Robert Sandoval, tenants of the Housing Authority or its employees Further attempts to engage the Council on these issues from the floor at City Council meetings will be ruled out-of-order ADJOURNMENT No further busmess, the meeting was adjourned at 9 04 P M Pal:EST Catherine D Seaman Deputy City Clerk PASSED and APPROVED this 5 day of September , 1995 -10-