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HomeMy WebLinkAbout1995.09.18 Council MinutesMINUTES PASCO CITY COUNCIL REGULAR MEETING SEPTEMBER 18, 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 DeFelice, Michael Garrison, Edgar Hargrow, Chris Jensen, Charles Kilbury, Dan Lathim, and Carl Strode Also present Leland B Kerr, Interim City Attorney, Dan Underwood, Finance Director, Bob Alberts, Public Works Director, Greg Garcia, Fire Chief, Denis Austin, Police Chief, Richard Smith, Community & Economic Dev 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 Lathim Motion carried unanimously Consent items are as follows A) Approval of Minutes To approve minutes of Regular Meeting held September 5, 1995 B) Bills and Communications To approve General Claims in the amount of $362,590 76 ($5,873 35 being in the form of Wire Transfer Nos 3016 and 3017, and $356,717 41 consisting of Claim Warrants numbered 93439 through 93606) C) Legal Services Agreement To approve the Legal Services Agreement with Ogden Murphy Wallace and authonze the City Manager to sign the Agreement D) Interim City Attorney To authorize the City Manager to retain the services of Leland B Kerr as interim City Attorney E) Renewal of Lease Agreements To approve renewal of the lease agreements for 321 and 323 West Lewis Street for five years and authorize the City Manager to execute the necessary documents F) Sub-lease of DARE Office To approve the Sub-lease Agreement for 321 West Lewis Street and authorize the City Manager to sign said Agreement G) Franchise Renewal with TCI Cablevision To commence proceedmgs for the renewal of the franchise with TCI Cablevision by setting a public hearmg for Monday, October 16, 1995 at 7 30 p m or as soon thereafter as may be heard, to receive comments from the public concerning the request for franchise renewal by TCI Cablevision, its past performance, and issues of concern to the public with respect to the franchise renewal H) Resolution No 2211 To approve Resolution No 2211, accepting the work performed by Burdme Enterprises, Inc for the construction of the Pasco Processing Center, L I D No 128 PROCLAMATION AND ACKNOWLEDGMENTS None MINUTES REGULAR MEETING PASCO CITY COUNCIL SEPTEMBER 18, 1995 VISITORS Mr Tim Laughlin, of 2643 S W Hugh St, Portland, OR, addressed Council to express his appreciation for the assistance he received from Fire Department personnel when he was involved in an accident on Hillsboro Avenue and Highway 395 He also wanted to express his concern that something should be done while a study of that intersection is conducted by the State to prevent accidents Mayor DeFelice expressed her appreciation to Mr Laughlin for carmg enough to attend the meeting She explained that Council has lobbied the State to look at this intersection Mr Kilbury felt that the intersection at Hillsboro Avenue and Highway 395 was a very dangerous intersection, almost as bad as the Lewis Street intersection Mr Jensen applauded Mr Laughlm's efforts and recommended that Council apply pressure to the State to improve conditions at this intersection Mr Alberts pointed out that the State is looking into the option of lowering the speed limit m relation to this intersection Mr Lathim also applauded Mr Laughlin's efforts and explained that the Good Roads Association has moved the Hillsboro Interchange up on the pnonty list to a very high position REPORTS FROM COMM=ES AND/OR OFFICERS Mayor's Activity Report Mayor DeFelice reported On August 21, met with members of the Pasco Housing Authority Board and asked them to address concerns raised at Council Meetings by vanous constituents On August 29, attended a reception for local officials to meet a supreme court justice On August 30, gave remarks at the dedication ceremony for the J R Simplot vegetable processing plant On September 6, participated in the "Name the Dragon" judgmg for the Pasco Autumn Festival's Fiery Foods Festival On September 9, gave a welcoming address at the Autumn Festival and also welcoming comments at Pasco Sunshine Ball On September 16, attended the rededication ceremony and spoke on behalf of the City for the renaming of the Cable Bridge Parks & Recreation Advisory Council Meeting, September 7, 1995 Mayor DeFelice reported that there will be a softball exhibition game featuring "The King and His Court," on October 13, 1995 BFRC Tn -MATS RTPO Policy Advisory Committee Meeting, September 14, 1995 Mr Kilbury reported that the Six Year Program for the RTPO, which includes the three counties of Benton, Franklin, and Walla Walla was discussed There was also discussion on the proposed Burlington Northern Railroad use of the Stampede Pass route into Pasco B F Transit Board Meeting, September 14, 1995 Mr Gamson reported that there was a seminar on "collaborative bargaining" This method is used in an effort to work out labor and pay problems in a less combative atmosphere -2- MINUTES REGULAR MEETING PASCO CITY COUNCIL SEPTEMBER 18, 1995 PUBLIC HEARINGS Imgation Franchise Agreement to Imgation Water, Inc and Approval of Franchise Agreement Mr Alberts, Director of Public Works, addressed Council and noted for the record that notice of the public heanng was pubhshed as required by law Mr Alberts explained that Mr Kerr, City Attorney, pointed out to him that several language clarifications were needed before the franchise agreement could be granted to Mr Kidwell It was his recommendation that Council hold the public hearing as scheduled, but take action at a later date Mr Alberts stated that the franchise agreement boundaries mclude all property within the City limits west of Road 36 It is a non-exclusive franchise agreement that will allow the construction and operation of private utilities in City rights-of-way Along with the franchise agreement the company must pay the City fees for the review and approval of their plans for construction m a right-of-way, which must be constructed to City standards There will be a utility tax and an annual fee of $500 00 Mr Kilbury asked if areas annexed in the future would remain outside the franchise area, or would they become apart of 10 Mr Alberts explained that annexation of additional areas would require an amendment to the franchise agreement Mr Strode asked Mr Alberts to explain how water rights can impact the ability of an operator of a franchise to provide water to certain areas within the franchise area Mr Alberts explained that Mr Kidwell has acquired water rights to wells and to the Columbia River The State will monitor Mr Kidwell to ensure that he is dehvermg water within the boundaries The water nghts are seasonal Mr Strode asked Mr Alberts if he was correct in stating the following The franchise would allow the use of water nghts that have been obtained and are owned/controlled by the franchise owner There is no interest in the City of Pasco's water, no water supplies being provided by, or financed by, the tax payers Any water sold and distributed is purely a personal matter to the owner of the water rights and is a private venture The City's role in the franchise will be to authorize the installation of water lines across easements, right-of-ways, and City streets Mr Alberts confirmed Mr Strode's statement MAYOR DEFELICE DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE FRANCHISE AGREEMENT TO IRRIGATION WATER, INC Mr David Hams, the Chairman of the Franklin County Irrigation District, spoke in favor of the proposed franchise agreement as a means of getting irngation water to areas that don't currently enjoy it He would prefer that this be accomphshed within the parameters of an imgation district, but understood that the citizens needed the water available Ms Fran Thomas, of 3216 Road 68, spoke against the proposed franchise agreement She felt that the Franldm County Imgation District was a proven entity and as such would be capable of servicing the entire area in question -3- MINUTES REGULAR MEETING PASCO CITY COUNCIL SEPTEMBER 18, 1995 Mr Wayne Wilson, of 3291 Dent Road, spoke against the proposed franchise and wanted all of his property to be excluded from the franchise area Ms Thomas requested that her 40 acres be excluded from the proposed franchise Following three (3) calls from Mayor DeFelice for comments from the floor, either for or against, the public hearing was declared closed Mr Strode explained that as a non-exclusive franchise there would be nothing to prevent anyone from coming in and seeking a similar franchise or installing other irrigation infrastructure He also pomted out that this particular franchise only grants permission to install irngation infrastructure beneath City streets and nghts-of-way It does not grant permission, nor does it give the ability to intrude across private property There is nothing in the agreement that would compel any citizen to use the services of this company MOTION Mr Kilbury moved to hold a special meeting on September 25, 1995, at 7 30 p m, to take up the matter of the franchise Mr Garrison seconded the motion Motion earned unanimously ORDINANCES/RESOLUTIONS NOT RELATED TO PUBLIC HEARINGS ORDINANCE NO. 3110 AN ORDINANCE CONCERNING SPEED LIMITS ON PORTIONS OF TENTH AVENUE, AINSWORTH AVENUE AND OREGON AVENUE MOTION Ordinance No 3110, was read by title only Mr Garrison moved to adopt Ordinance No 3110, amendmg Section 10 24 040 of the Pasco Municipal Code by revising the speed limit on portions of 10th Avenue, Ainsworth Avenue and Oregon Avenue Mr Lathim seconded the motion Motion earned unanimously ORDINANCE NO. 3111 AN ORDINANCE CREATING HANDICAP PARKING PLACES ON CERTAIN STREETS, AND AMENDING SECTION 10 58 020 OF THE PASCO MUNICIPAL CODE MOTION Ordinance No 3111, was read by title only Mr Gamson moved to adopt Ordinance No 3111, amending Section 10 58 020 of the Pasco Municipal Code, thereby providing for additional handicap parking within the Pasco Central Business District Mr Lathim seconded the motion Motion camed unanimously RESOLUTION NO. 2212 A RESOLUTION APPROVING A PRELIMINARY PLAT FOR HIGHLAND MEADOWS MOTION Mr Gamson moved to approve Resolution No 2212, approving the preliminary plat for "Highland Meadows" Mr Lathim seconded the motion Mr Hargrow expressed his concern with the grade of some of the lots and not being consistent with property in the area He felt some of the low spots should be filled in and brought up to the level of the rest of the property -4- _A,S2 fr at.,(1,10-A ,J oy e Fehce, Mayor AtTEST / MINUTES REGULAR MEETING PASCO CITY COUNCIL SEPTEMBER 18, 1995 Mr Smith explained that when the property owner comes to the City for a building permit this type of concern will be addressed durmg that process Motion carried unanimously UNFINISHED BUSINESS None NEW BUSINESS Interlocal Agreement for Building Inspection Services MOTION Mr Jensen moved to approve the Interlocal Agreement between the Cities of Pasco, Kennewick and Richland for buildmg inspection services and authonze the Mayor to sign the agreement Mr Strode seconded the motion Motion earned unanimously MISCELLANEOUS - INCLUDING SUGGESTIONS FROM COUNCIL At the concurrence of Council, Mayor DeFelice requested that staff prepare a resolution requesting the State Department of Transportation consider lowermg the speed limit at the Hillsboro/Hwy 395 Interchange Mayor DeFelice explamed that there would be no executive session ADJOURNMENT No further business, the meeting was adjourned at 8 18 P M Catherine D Seaman Deputy City Clerk PASSED and APPROVED this 2 day of October , 1995 -5-