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HomeMy WebLinkAbout1996.02.20 Council MinutesMINUTES PASCO CITY COUNCIL REGULAR MEETING FEBRUARY 20, 1996 CALL TO ORDER The meetmg was called to order at 7 30 P M by Charles D Kilbury, Mayor ROLL CALL By Deputy City Clerk Councilmembers present Michael Gamson, Joe Jackson, Chris Jensen, Charles Kilbury, Dan Lathim, and Carl Strode Also present Gary Crutchfield, City Manager, Gregg M Haney for Leland B Kerr, City Attorney, Dan Underwood, Finance Director, Bob Alberts, Public Works Director, Dave McDonald, City Planner, Denis Austin, Police Chief, Richard Smith, Community & Economic Dev Director, and Kurt Luhrs, Personnel & Risk Manager PLEDGE OF ALLEGIANCE The meetmg was opened with the Pledge of Allegiance CONSENT AGENDA MOTION Mr Gamson 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 of the Pasco City Council, dated February 5, 1996 To approve minutes of the Special Meeting of the Pasco City Council, dated February 12, 1996 B) Bills and Communications To approve General Claims in the amount of $557,600 70 ($36,375 31 bemg in the form of Wire Transfer Nos 3051, 3053 and 3054, and $521,225 39 consisting of Claim Warrants numbered 95403 through 95593) C) Business Beautification Award Program To authorize co- sponsorship of a Busmess Beautification Award Program with the Pasco Chamber of Commerce, provided the city cost not exceed $2,500 annually D) Comprehensive Independent Water/Sewer Rate Study To approve the proposed Agreement with Economic and Engineering Services, Inc to assist the city with a water and wastewater rate study and authorize the Mayor to sign the Agreement E) Resolution No 2235 To approve Resolution No 2235, arnendmg the Interlocal Cooperation Agreement for provision of Solid Waste and Moderate Risk Waste Management Programs PROCLAMATION AND ACKNOWLEDGMENTS None VISITORS None REPORTS FROM COMMITTEES AND/OR OFFICERS MINUTES PASCO CITY COUNCIL FEBRUARY 20, 1996 REGULAR MEETING Mayor's Activity Report Mayor Kilbury reported that on February 5, broadcasted the Mayor's Report from KONA Radio Later that day attended an Art's Council meeting On February 6, attended a Transportation Enhancement heanng On February 7, attended a meetmg with the Economic Restructurmg Committee On February 8, attended the Tn-MATS Policy Advisory Committee On February 9, welcomed the Optimist International to Pasco for their regional conference On February 15, cut a nbbon and spoke at Basin Office Systems Pasco Downtown Development Association Meeting Mayor Kilbury reported that there weren't enough members present to have a quorum, therefore, those present used the time for discussion Tn-MATS RTPO Policy Advisory Committee Meeting, February 8, 1996 Mayor Kilbury reported that the Transportation Improvement Plan Amendment for the City of Richland was approved, the draft Unified Plannmg Work Plan was examined, and the 1996-1998 State Transportation Improvement Program was exammed and approved B F Trarisit Board Meeting, February 8, 1996 Mr Garrison reported that the Board approving the extension of the Summer Youth Pass Program from 3 to 4 months with the fee increasing from $9 50 to $1500 for the months of June through September, approved public hearings on fare proposal changes, and received reports from staff PUBLIC HEARINGS West Pasco Annexation Area #1 (MF #96-12-A) Mr David McDonald, City Planner, addressed Council and noted for the record that notice of the public hearing was pubhshed and posted as required by law Mr McDonald explained that in October, 1995 the Council accepted a notice of intent to annex from residents of the West Pasco neighborhood in Area #1 Residents from this neighborhood have since submitted a formal petition requesting annexation to the City The Planning Commission held a public hearing in January, 1996 to review the area to develop zoning recommendations It was recommended that most of the area be zoned RS-12, with the exception of a couple of locations that have duplex's It was recommended that those areas be zoned R-2 as they currently are by the County MAYOR KILBURY DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE WEST PASCO ANNEXATION AREA #1 (MF #96-12-A) Mr Peter Le Mieux, of 3408 West Pearl Street, spoke against the proposed annexation siting the following reasons He felt fire and police response time to his property could be slower than presently expenenced, property taxes would go up because an additional fire station and additional firefighters and police officers would be needed to cover the annexed area, he was concerned that an additional sewer station would have to be built to handle the additional connections to the sewer, and he felt he would get hit with an exorbitant LID because his property has different streets on three sides -2- MINUTES REGULAR MEETING PASCO CITY COUNCIL FEBRUARY 20, 1996 Arthur Mabbutt, of 2909 West Agate Street, spoke agamst the proposed annex He was concerned about bemg assessed for an LID against his property that has different streets on three sides of his property Mr Crutchfield explained that annexation into the City does not obligate anyone to sewer connection or an LID An LID for sewer, water or streets is determmed by a separate petition process initiated by the neighborhood involved, not the City Mr Tom Larson, of 3320 West Pearl Street, spoke against the proposed annexation and felt the City's use of annexation agreements, whereby property owners give up their vote to the City should annexation be proposed was unethical and, possibly, illegal Mr Gregg Haney, Acting City Attorney, explained that the use of annexation commitment at the time of utility connection is a practice utilized throughout the State and the process has been reviewed by the Attorney General's Office, the State Supreme Court, and the United States Supreme Court and has been upheld Mr Crutchfield extended and general invitation to anyone with questions about annexation to contact staff and arrange for a meeting where direct answers to their questions Mr Dan Snook, of 1816 Road 42, spoke against the proposed annexation and protested that the City didn't notify him about the public hearing, but they could send him a brochure about annexation - Ms Harriet Koster, of 3105 Seabrook Court, spoke against the proposed annexation She protested that she didn't receive proper notification of the public hearing for annexation Ms Rebecca Francik, of 3114 Wilcox Drive, spoke in favor of the proposed annexation She felt that for the good of the community it makes sense to annexation into the City Following three (3) calls from Mayor Kalbury for comments from the floor, either for or agamst, the public hearing was declared closed Mr Jensen asked Mr Crutchfield to address some of the questions asked by those present Mr Crutchfield explained that the typical process mcludes recewmg a petition which meets the statutory percentage of support, a public hearing is scheduled, the notice of public hearing is published in the local newspaper, and several locations in the proposed annexation are posted with the notice of public hearing The absence of mail bemg sent directly to those in the area is predicated on the fact that there's a majority of the valuation of the area already signed in favor of the annexation Mr Alberts explained that the City doesn't currently have a sewer grid system in place that would make it possible to give an average cost for connecting to the sewer system He explained that each LID is project specific with different requirements needed for different areas Mr Alberts did explain that assessments for LID's are based on the benefit to the property Mr Crutchfield, as a non-engmeer, ventured to guess that an average LID, with just sewer running from the back of the property to the street, could cost approximately $5,000 to $6,000 for a typical 120' lot -3.- MINUTES REGULAR MEETING PASCO CITY COUNCIL Ordinance No. 3140 AN ORDINANCE RELATING TO ANNEXATION AND ANNEXING CERTAIN REAL PROPERTY TO THE CITY OF PASCO MOTION Mr Gamson moved to adopt Ordinance No 3140, annexing certain real property to the City of Pasco Mr Strode seconded the motion Motion earned unanimously Ordinance No 3141 AN ORDINANCE ASSIGNING ZONING TO CERTAIN REAL PROPERTY WITHIN THE CITY OF PASCO MOTION Mr Gamson moved to adopt Ordinance No 3141, establishing RS-12 and R-2 zoning for West Pasco Annexation Area #1 Mr Strode seconded the motion Motion earned unanimously West Pasco Annexation Area #2b (MF #96-13-A) Mr David McDonald, City Planner, addressed Council and noted for the record that notice of the public hearing was published and posted as required by law Mr McDonald explained that the City did receive a 10% petition in October, 1995 requesting the City consider annexing this area Residents in the area circulated a 60% petition The petition was reviewed by staff and was determmed sufficient to constitute a legally acceptable petition Mr Garrison asked what percentage of the 60% on the petition were live votes'? Mr McDonald stated that approximately 57% were live votes in favor of annexation MAYOR KILBURY DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE WEST PASCO ANNEXATION AREA #2B (MF #96-13-A) Mr Snook asked if the City was planning to build a new fire station in the Riverview area and increase the number of police officers to serve the increased population of the City of Pasco9 Mr Crutchfield explained that the annexed area would be served immediately upon annexation by the fire station located at the Tn-Cities Airport The area would continue to be served by this fire station for sometime into the future, when it is expected that the City will build an third station in 1997 west of Road 68 and north of Argent In regards to police response, the City will be expandmg the patrol area and will expand mto another patrol zone due to the increased area Following three (3) calls from Mayor Kilbury for comments from the floor, either for or against, the public heanng was declared closed Ordinance No. 3142 AN ORDINANCE RELATING TO ANNEXATION AND ANNEXING CERTAIN REAL PROPERTY TO THE CITY OF PASCO MOTION Mr Gamson moved to adopt Ordinance No 3142, annexing certain real property to the City of Pasco Mr Strode seconded the motion Motion earned unanimously FEBRUARY 20, 1996 -4- MINUTES REGULAR MEETING PASCO CITY COUNCIL FEBRUARY 20, 1996 Ordinance No. 3143 AN ORDINANCE ASSIGNING ZONING TO CERTAIN REAL PROPERTY WITHIN THE CITY OF PASCO MOTION: Mr Gamson moved to adopt Ordinance No 3143, establishing RS-12 Zoning for West Pasco Annexation Area #2b Mr Strode seconded the motion Motion earned unanimously West Pasco Annexation Area #3 (MF #96-11-A) Mr David McDonald, City Planner, addressed Council and noted for the record that notice of the public hearmg was published and posted as required by law MAYOR KILBURY DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE WEST PASCO ANNEXATION AREA #3 (MF #96-11-A) Mr Don Clark, of 3819 West Nixon Street, spoke in favor of the proposed annexation siting the need to connect to sewer due to the failure of septic systems m the area and the cost to put in a system that would be approved by the Health Department He asked that Council accept their petition for annexation Mr, Dennis Duncan, of 3903 West Margaret Street, spoke in favor of the proposed annexation and requested that Council bnng Area #3 into the City Mr Don Anderson, of 3912 West Margaret Street, spoke in favor of the proposed annexation and asked that the City finish the job they started 20 years ago to provide his area with sewer Following three (3) calls from Mayor Kilbury for comments from the floor, either for or against, the public heanng was declared closed Mr Lathim requested that in the future Council annex Area #3 first Ordinance No. 3144 AN ORDINANCE RELATING TO ANNEXATION AND ANNEXING CERTAIN REAL PROPERTY TO THE CITY OF PASCO MOTION Mr Jensen moved to adopt Ordinance No 3144, annexing certain real property to the City of Pasco Mr Gamson seconded the motion Motion earned unanimously Ordinance No. 3145 AN ORDINANCE ASSIGNING ZONING TO CERTAIN REAL PROPERTY WITHIN THE CITY OF PASCO MOTION Mr Jensen moved to adopt Ordinance No 3145, establishing RS-12 and C-1 zoning for West Pasco Annexation Area #3 Mr Garrison seconded the motion Motion carried unanimously West Pasco Annexation Area #4a (MF #96-14-A) Mr David McDonald, City Planner, addressed Council and noted for the record that notice of the public hearing was published and posted as required by law MAYOR KILBURY DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE WEST PASCO ANNEXATION AREA #4A (MF #96-14-A) Mr Jim Sommerland, of 3224 West Yakima Street, asked if he would be allowed to keep his horses and other animals? -5- MINUTES REGULAR MEETING PASCO CITY COUNCIL FEBRUARY 20, 1996 Mr Crutchfield told him he would be able to keep his animals Mr Gerald Luque, of 3721 Havstad, felt the posting of the notice of public hearmg was not adequate and he felt the ambulance tax that would be imposed upon annexation was of no benefit to him Following three (3) calls from Mayor Kilbury for comments from the floor, either for or agamst, and there bemg none, the public hearing was declared closed Ordinance No. 3146 AN ORDINANCE RELATING TO ANNEXATION AND ANNEXING CERTAIN REAL PROPERTY TO THE CITY OF PASCO MOTION Mr Gamson moved to adopt Ordinance No 3146, annexing certain real property to the City of Pasco Mr Lathim seconded the motion Motion earned unanimously Ordinance No. 3147 AN ORDINANCE ASSIGNING ZONING TO CERTAIN REAL PROPERTY WITHIN THE CITY OF PASCO MOTION Mr Garrison moved to adopt Ordinance No 3147, establishing RS-12 and R-2 zoning for West Pasco Annexation Area #4a Mr Strode seconded the motion Motion earned unanimously Mayor Kilbury declared a 5 minute recess ORDINANCES/RESOLUTIONS NOT RELATED TO PUBLIC HEARINGS RESOLUTION NO. 2236 A RESOLUTION APPROVING THE SALE OF EXCESS CITY- OWNED LAND ON COMMERCIAL AVENUE IN THE KING CITY AREA MOTION Mr Gamson moved to approve Resolution No 2236, to declare certain city-owned property surplus and authonze staff to negotiate the sale thereof Mr Jackson seconded the motion Motion earned unanimously RESOLUTION NO. 2237 A RESOLUTION AUTHORIZING THE SALE OF SURPLUS CITY PROPERTY MOTION Mr Gamson moved to approve Resolution No 2237, authonzmg the City Manager to execute documents necessary to sell 75 lots in Avery's Addition to Community Health Center LaChnica Mr Jackson seconded the motion Motion earned unanimously RESOLUTION NO. 2238 A RESOLUTION AUTHORIZING THE SALE OF SURPLUS CITY PROPERTY MOTION Mr Gamson moved to approve Resolution No 2238, authorizing the City Manager to execute documents necessary for the sale of Lots 1, 3 and 4, Block 11, A M Wehe's First Addition, to the East Pasco Church of God Mr Jackson seconded the motion Motion earned unanimously -6- ? J-17 MINUTES REGULAR MEETING PASCO CITY COUNCIL FEBRUARY 20, 1996 ORDINANCE NO. 3148 AN ORDINANCE AMENDING SECTION 13 16 050 CREATING A "NEW UTILITY CUSTOMER ACCOUNT CLASSIFICATION AND LANDLORD MAINTENANCE ACCOUNT" MOTION Mr Garrison moved to adopt Ordinance No 3148, creating the new utility customer account classification of Landlord Maintenance Accounts Mr Lathim seconded the motion Motion carried unanimously ORDINANCE NO. 3149 AN ORDINANCE CONCERNING BUILDINGS, PERMITS, AND AMENDING CERTAIN SECTIONS OF TITLE 16 OF THE PASCO MUNICIPAL CODE MOTION Mr Garrison moved to adopt Ordinance No 3149, concerning building permits and amending certain sections of Title 16 of the Pasco Municipal Code Mr Lathim seconded the motion Motion carried (No - Jensen) RESOLUTION NO. 2239 A RESOLUTION SEEKING LOCAL OWNERSHIP OF THE COLUMBIA RIVER LEVEE BETWEEN ROAD 40 AND THE PASCO BOAT BASIN MOTION Mr Gamson moved to approve Resolution No 2239, seeking local ownership of the Columbia River levee between Road 40 and the Pasco Boat Basin Mr Lathim seconded the motion Motion earned unanimously RESOLUTION NO. 2240 A RESOLUTION SEEKING U S ARMY CORPS OF ENGINEERS ASSISTANCE IN EVALUATING POTENTIAL LEVEE MODIFICATION MOTION Mr Jensen moved to approve Resolution No 2240, seeking Corps of Engineers assistance in evaluating potential levee modifications Mr Strode seconded the motion Motion earned unanimously UNFINISHED BUSINESS None NEW BUSINESS Amendment No 1 to Agreement with URS Consultants, Inc for the West Pasco Water System Improvements MOTION Mr Gamson moved to approve Amendment No 1 with URS Consultants, Inc for the West Pasco Water Improvements and, further, authorize the Mayor to sign the amendment Mr Jensen seconded the motion Motion camed unanimously Agreement with Economic & Engineering Services, Inc for the Water Rights Analysis and Water Rights Applications MOTION Mr Jensen moved to approve the agreement with Economic and Engineering Services, Inc for the Water Rights Analysis and Water -7- MINUTES PASCO CITY COUNCIL FEBRUARY 20, 1996 REGULAR MEETING Rights Applications and, further, authonze the Mayor to sign the agreement and to include $15,000 in the 1996 Water/Sewer Fund Supplemental Budget Mr Strode seconded the motion Motion carried unanimously MISCELLANEOUS - INCLUDING SUGGESTIONS FROM COUNCIL None ADJOURNMENT 1 I further business, A meeting was adjourned at 9 44 P M / /4.n:111516.11Li .141A4thgtit , harles D Kilbury, ayor AI IEST Cathenne D Seaman Deputy City Clerk PASSED and APPROVED this 4 day of March , 1996 -8-