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HomeMy WebLinkAbout1997.02.03 Council MinutesMINUTES PASCO CITY COUNCIL REGULAR MEETING FEBRUARY 3, 1997 CALL TO ORDER The meeting was called to order at 7 30 P M by Charles D Kilbury, Mayor ROLL CALL By Deputy City Clerk Councilmembers present Michael Garrison, Joe Jackson, Chris Jensen, Charles Kilbury, Dan Lathim, Rebecca Francik, and Carl Strode Also present Gary Crutchfield, City Manager, Leland B Kerr, City Attorney, Dan Underwood, Finance Director, Dennis Wright, City Engineer, Doyle Heath, Utility Engineer, Dave McDonald, City Planner, Dick Erickson, Parks 86 Recreation Director, Denis Austin, Police Chief, Bob Alberts, Public Works Director, Greg Garcia, Fire Chief, Richard Smith, Community & Economic Dev Director, Kurt Luhrs, Personnel/Risk Manager, and Tim Arntzen, Management Assistant PLEDGE OF ALLEGIANCE The meeting was opened with the Pledge of Allegiance CONSENT AGENDA MOTION Mr Jensen moved to approve the Consent Agenda Seconded by Mr Strode Motion carried unanimously Consent items are as follows A) Approval of Minutes To approve minutes of Regular Meeting held January 21, 1997 B) -Bills and Communications To approve General Claims in the amount of $190,758 32, consisting of Claim Warrants numbered 100332 through 100520 (1996 expenses) To approve General Claims in the amount of $966,749 81 ($19,579 40 being in the form of Wire Transfer Nos 3037 and 3038, and $947,170 41 consisting of Claim Warrants numbered 100329 through 100331, and 100521 through 100745) (1997 expenses) Payroll Claims To approve Payroll Claims in the amount of $879,937 21, Payroll Voucher Nos 1892 through 2558 Bad Debt Write-offs To approve Bad Debt Write-offs for utility billing, ambulance accounts receivable, in the total amount of $4,751 41 and, of that amount, authorize $3,667 20 be turned over for collection C) Resolution No 2293 To approve Resolution No 2293, accepting the work performed by E P Johnson, Inc under Project No 96-2-03 for the construction of the B Street Waterline D) Resolution No 2294 To approve Resolution No 2294, accepting the work performed by Ray Poland and Sons, Inc under Contract No 96-3- 04, for repairs and improvements to the Lewis Street Underpass E) Sixth Amendment to Dellinger Option Agreement To approve the sixth amendment to the Dellinger/Quantum Unlimited Option to purchase agreement and authorize the City Manager to sign the amendment F) Resolution No 2295 To approve Resolution No 2295, accepting the Pasco Rivershore Enhancement Vision Plan as a general guide for the enhancement of the section of river front located between the "Blue" and "Cable" Bridges MINUTES REGULAR MEETING PASCO CITY COUNCIL FEBRUARY 3, 1997 G) Special Permit Location of the Calvary Pentecostal Powerhouse Church at 1020 W Washington (MF #96-92-SP) To approve the special permit for the Calvary Pentecostal Powerhouse Church at 1020 West Washington, as recommended by the Planning Commission H) Resolution No 2296 To approve Resolution No 2296, fixing 7 30 p m, March 3, 1997, as the time and date for a public hearing to consider the proposed vacation of a portion of Front Avenue and easements vacated Hayes Street and Main Avenue PROCLAMATIONS AND ACKNOWLEDGMENTS None VISITORS None REPORTS FROM COMMITTEES AND/OR OFFICERS None PUBLIC HEARINGS West Pasco Annexation Area #5 (MF #97-01-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 reported that the City has received a 60% petition that has been reviewed and certified by staff and has been determined to be sufficient to proceed with the proposed annexation The Comprehensive Plan of the City will continue to be applicable to the area The area will not assume any existing bonded indebtedness and will be assigned to Voting District #2 MAYOR KILBURY DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE WEST PASCO ANNEXATION AREA NO 5 Following three (3) calls from Mayor Kilbury for comments from the floor, either for or against, and there being none, the public hearing was declared closed ORDINANCE NO. 3213 AN ORDINANCE RELATING TO ANNEXATION AND ANNEXING CERTAIN REAL PROPERTY TO THE CITY OF PASCO MOTION Ordinance No 3213, was read by title only Mr Garrison moved to adopt Ordinance No 3213, annexing certain real property to the City of Pasco Mr Lathim seconded the motion Motion carried unanimously Thomas Annexation (MF #96-88-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 reported that the City has received a 60% petition that has been reviewed and certified by staff and has been determined to be sufficient to proceed with the proposed annexation The Comprehensive Plan of the City will continue to be applicable to the area The area will not assume any existing bonded indebtedness and will be assigned to Voting District #4 Ms Francik reported that she had received letters from Mrs Glatt and Mr Andelin stating they were against the proposed annexation -2- MINUTES REGULAR MEETING PASCO CITY COUNCIL FEBRUARY 3, 1997 MAYOR KILBURY RECONVENED THE PUBLIC HEARING TO CONSIDER THE THOMAS ANNEXATION Mr John Petrosavich, of 2909 Road 72, spoke against the proposed annexation and wanted to remind Council that Ms Thomas' proposed development plan has been denied by the County because neighbors in the area were against that type of development in the area Mr Chester Braswell, of 6405 W Argent St, spoke against the proposed annexation and asked Council to postpone action until the Comprehensive Plan can be amended Mr Bob Andelin, of 6905 Valleyview, spoke against the proposed annexation and also wanted the action postponed until further consideration can be given Mr Carroll Julian, of 6704 W Argent St, spoke against the proposed annexation and felt that commercial enterprises should be kept to the north side of the highway Mr Robert Bosse, of 6915 W Argent St, spoke against the proposed annexation and felt it was common knowledge that residents in the area were opposed to commercial development in that area Mr Jerry Burgess, of 3417 Rd 68, spoke in opposition to the annexation and felt the proposed annexation and commercial zoning would be detrimental to his property values Mr Doug Redfield, of 6909 Valleyview Pl, felt this issue should be tabled until more thought and consideration can be given to those living in the area Mr Dan Rau, of 3413 W Margaret St, spoke against the proposed annexation and felt Council should listen closer to the desires of the residents of the area Mr Bosse voiced his concern for property values in the area if the annexation was adopted Following three (3) calls from Mayor Kilbury for comments from the floor, either for or against, the public hearing was declared closed Ms Francik explained to the audience the methods used by Council to decide the issue Mr Jensen stated that he viewed the proposed annexation as a vehicle being used by a property owner to find a loop hole that would allow her to bring in a commercial enterprise when the residents of the area are opposed to it and he would not support the proposed annexation Mr Strode pointed out to the audience that he served on the Planning Commission during the 1980's and worked on the Comprehensive Plan He pointed out that surveys were mailed to the residents of Pasco and Franklin County regarding the Comprehensive Plan and the majonty were not returned Dozens of hearings were held to receive public input on the Comprehensive Plan with very poor participation on the part of the public Mr Kilbury reminded the audience that Franklin County was not required to participate in the Growth Management Act They chose to do so for whatever reason Mr Jensen clarified his previous statement by explaining he was not opposed to the area being zoned commercial at a future time, but that now was not the time -3- MINUTES REGULAR MEETING PASCO CITY COUNCIL FEBRUARY 3, 1997 ORDINANCE NO. 3214 AN ORDINANCE RELATING TO ANNEXATION AND ANNEXING CERTAIN REAL PROPERTY TO THE CITY OF PASCO MOTION Mr Garrison moved to adopt Ordinance No 3214, annexing certain real property to the City of Pasco Mr Lathim seconded the motion Motion carried (No - Jensen) Thomas Annexation Zoning Classification (MF #96-97-ZD) ORDINANCE NO. 3215 AN ORDINANCE ASSIGNING ZONING TO CERTAIN REAL PROPERTY WITHIN THE CITY OF PASCO MOTION Ordinance No 3215, was read by title only Mr Garrison moved to adopt Ordinance No 3215, establishing RS-12 and C-1 zoning, with a concomitant agreement on the C-1 zoning, for the Thomas annexation area Mr Lathim seconded the motion Motion carried (No - Jensen) Riverview Sanitary Sewer LID No 131 Mr Dennis Wright, City Engineer, addressed Council and noted for the record that notice of the public hearing was published as required by law Mr Wright explained that in conjunction with the recent annexations in Riverview, the City of Pasco has promised to provide the opportunity to connect to City sewer via local improvement district Staff held a series of six public meetings with the property owners to discuss the proposed construction and the cost thereof along with the LID process While those who attended the meeting tended to be generally in favor of creating sewer LID's, the meetings were sparsely attended Staff divided Riverview into three parts to create three separate LID's The first area south of Sylvester Street and east of Road 40 became LID 130 The proposed LID will be for the second area, south of Court Street and north of Sylvester Street, but also includes an area south of Sylvester Street and west of Road 40 Staff mailed a questionnaire to each property owner requesting the owner indicate if he was in favor, opposed, or was not sure if they were interested in proceeding with the LID Ultimately, a little over 62% of the people responded to the questionnaire and, of those who responded, approximately 37% indicated they were not in favor of the LID About 50% of those who responded indicated they were in favor and the remainder were undecided at the time the questionnaire was returned The total assessment roll amount is $1,757,450, which is to be divided equally to each lot within the LID boundary The preliminary assessment to each lot is $6,750 and includes the cost for the sewer, the stub from the sewer to the right-of-way line, and an overlay of the street The system fee is also included in that total The only exception to these costs is for a small area south of Riverhaven and west of Road 40 where the sewer line is being constructed on the riverside of these houses Their assessment will be higher because of the additional expense of construction for their sewer line Staff has identified property owners within the LID boundary that meet the minimum income requirements to initiate the HUD LID Assistance Program, therefore, HUD construction requirements will be implemented Staff believes that this LID represents the desires of the majority of the people within this particular LID boundary and requests Council conduct the public hearing and take the appropriate action on the proposed ordinance -4- MINUTES REGULAR MEETING PASCO CITY COUNCIL FEBRUARY 3, 1997 MAYOR KILBURY DECLARED THE PUBLIC HEARING OPEN TO CONSIDER CREATING A SANITARY SEWER LID GENERALLY SOUTH OF COURT STREET AND EAST OF ROAD 44 Mr Gerald Zeitler, of 4109 W Irving St, spoke against the LID and presented a petition to the Clerk that included the names and addresses of other residents in his area that were opposed to the LID and wanted their properties removed from the LID Mr Dan Rau, of 3413 W Margaret St, was opposed to the LID because it would cost too much and felt that those involved in the LID were not being given a choice Mr Crutchfield explained that State law requires the City to prepare preliminary plans in order to provide a reliable preliminary estimate of the costs for a proposed LID The purpose of this is to be able to conduct a hearing and mail the information to each individual property owner so that the City's estimate of the costs is understood by those involved This starts the process for a 30 day protest period The protest period effectively allows those involved in the LID to vote, either for or against, the LID Mr Donald Lynch, of 4021 W Irving St, was opposed to the LID Ms Vicki Gates, of 4104 W Henry St, was opposed to the LID and didn't want to be hooked up to the sewer Mr Blake Stock, of 3720 W Nixon, spoke in opposition to the LID and felt it was cost prohibitive Mr Crutchfield explained the LID financing system and its advantages over a new septic tank/drain field Mr Alvin Hageman, of 4020 W Margaret St, questioned whether there was any reason why two properties could not share the line from the stub to their homes') Mr Wright explained the City code does not allow two parties to share a single stub because if the stub should plug there would be a debate over who would be responsible for the repair costs Ms Sandra Woodson, of 4220 W Irving St, was opposed to the LID Ms Sharon Gaedeke, of 4305 W Irving St, was opposed to the LID Ms Lenore Lynch, of 4021 W Irving St, was opposed to the LID Mr Don Anderson, of 3912 W Margaret St, spoke in favor of the LID Mr Duane Miller, of 4022 W Irving St, spoke in opposition to the LID Ms Linnea Hillesland, of 4308 W Irving St, was disappointed with the proposed LID and was opposed to it She felt it was too expensive to be affordable Mr Zeitler asked if residents of a neighborhood could circulate a petition against the LID and submit it during the protest period, or would residents be required to go to City Hall individually and submit their opposition2 Mr Crutchfield explained that a form would be provided for individual property owners who are opposed to the LID Each property owner would need to fill out, and submit, the form during the protest period Ms (unclear), of Coldwell Banker, asked if a homeowner sells their home would the LID be assumable'? -5- MINUTES REGULAR MEETING PASCO CITY COUNCIL FEBRUARY 3, 1997 Mayor Kilbury indicated that was correct Mr Lynch asked if Council would give consideration to 50% opposition to the LID"? Mayor Kilbury explained that Council would look closely at 50% opposition Mr Don Clark, of 3819 W Nixon St, explained to the audience that they should understand that if their present drain field fails and they apply to the Health Department to repair or replace it they run into difficulty because of the soil in the area If the soil in the area has been classified by the Health Department as A-1 or 1-A the property owner will not be allowed to repair or put in any new drain fields in the area because the area is saturated and the water table is so high A pressure system or a filtration system will be required should the drain field fail, they cost approximately $10,000 to $12,000 He strongly urged residents to check with the Health Department before making a decision concerning the LID Ms Francik informed Council that Ms Elaine Potter, of 4121 Riverhaven, asked her to convey to Council that she supports the LID Following three (3) calls from Mayor Kilbury for comments from the floor, either for or against, the public hearing was declared closed ORDINANCE NO. 3216 AN ORDINANCE ORDERING THE CONSTRUCTION OF SANITARY SEWER LINES, SEWER STUBS, STREET OVERLAY AND OTHER WORK IN THE RIVERVIEW AREA ALL IN ACCORDANCE WITH RESOLUTION NO 2289 OF THE CITY COUNCIL, ESTABLISHING LOCAL IMPROVEMENT DISTRICT NO 131 AND ORDERING THE CARRYING OUT OF THE PROPOSED IMPROVEMENT, PROVIDING THAT PAYMENT FOR THE IMPROVEMENT BE MADE BY SPECIAL ASSESSMENTS UPON THE PROPERTY IN THE DISTRICT, PAYABLE BY THE MODE OF "PAYMENT BY BONDS", AND PROVIDING FOR THE ISSUANCE AND SALE OF LOCAL IMPROVEMENT DISTRICT WARRANTS REDEEMABLE IN CASH OR OTHER SHORT-TERM FINANCING AND LOCAL IMPROVEMENT DISTRICT BONDS MOTION Mr Garrison moved to adopt Ordinance No 3216, creating the Riverview Sanitary Sewer LID No 131 Mr Lathim seconded the motion Mr Garrison informed the audience that if the final vote showed that 50% or more of the residents were opposed to the LID he would vote no in accordance with their wishes Mr Strode concurred with Mr Garrison's statement and would vote no if more than 50% of the residents were opposed Motion carried by unanimous roll call vote ORDINANCES/RESOLUTIONS NOT RELATED TO PUBLIC HEARINGS ORDINANCE NO. 3209 AN ORDINANCE RELATING TO RECREATIONAL VEHICLES AND AMENDING CERTAIN SECTIONS OF TITLE 19 BY ELIMINATING ALL REFERENCES TO RECREATIONAL VEHICLES AND OR RECREATIONAL VEHICLE PARKS AND AMENDING TITLE 22 DEALING WITH RECREATIONAL VEHICLE PARKS -6- MINUTES REGULAR MEETING PASCO CITY COUNCIL FEBRUARY 3, 1997 MOTION Ordinance No 3209, was read by title only Mr Strode moved to adopt Ordinance No 3209, repealing portions of Title 19 and Title 22 dealing with Recreational Vehicle Parks and authonze publication by summary Mr Jensen seconded the motion Motion carried unanimously RESOLUTION NO. 2297 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DECLARING ITS INTENTION TO ORDER THE CONSTRUCTION OF CERTAIN IMPROVEMENTS IN THE RIVERVIEW AREA AND TO CREATE A LOCAL IMPROVEMENT DISTRICT TO ASSESS A PART OF THE COST AND EXPENSE OF CARRYING OUT THOSE IMPROVEMENTS AGAINST THE PROPERTIES SPECIALLY BENEFITED THEREBY, AND NOTIFYING ALL PERSONS WHO DESIRE TO OBJECT TO THE IMPROVEMENTS TO APPEAR AND PRESENT THEIR OBJECTIONS AT A HEARING BEFORE THE CITY COUNCIL TO BE HELD ON MARCH 3, 1997 MOTION Mr Garrison moved to approve Resolution No 2297, declaring Council's intention to create an LID for sanitary sewers in Riverview, generally north of Court Street and east of Road 44 and, further, to set Monday, March 3, 1997, at 7 30 p m in the Pasco City Council Chambers, for the time and place for a public hearing on this matter Ms Francik seconded the motion Motion carried unanimously RESOLUTION NO. 2298 A RESOLUTION AUTHORIZING THE CITY OF PASCO TO CHARGE AN ADDITIONAL REGISTRATION OR ENTRY FEE FOR NON-CITY RESIDENTS FOR VARIOUS ACTIVITIES CONDUCTED AT THE PASCO SENIOR CENTER MOTION Mr Garrison moved to approve Resolution No 2298, relating to charges and fees for activities at the Senior Center for non-city residents Mr Lathim seconded the motion Motion carried unanimously Mr Homer Woody, of 8621 Richardson, addressed Council in protest of the increased fees for non-city residents ORDINANCE NO. 3217 AN ORDINANCE OF THE CITY OF PASCO AMENDING SECTION 10 24 040 "INCREASING SPEED LIMITS IN CERTAIN ZONES" EXTENDING SPEED ZONES TO NEWLY ANNEXED AREAS MOTION Ordinance No 3217, was read by title only Mr Garrison moved to adopt Ordinance No 3217, amending Section 10 24 040 "Increasing Speed Limits in Certain Zones" extending speed zones to newly annexed areas Mr Lath= seconded the motion Motion carried unanimously UNFINISHED BUSINESS None NEW BUSINESS Award of a Contract for the Construction of Broadmoor Waterline - Project No 95-2-05 MOTION Mr Garrison moved to award the contract for the construction of Broadmoor Waterline, Project No 95-2-05, to the low bidder, Ray Poland and Sons, Inc , in the amount of $394,587 18 and, further, to authorize the -7- MINUTES REGULAR MEETING PASCO CITY COUNCIL FEBRUARY 3, 1997 Mayor to sign the contract documents Mr Lathim seconded the motion Motion carried by unanimous roll call vote Award of a Contract for the Frontage Road LID No 125 MOTION Mr Garrison moved to award the contract for construction of Frontage Road LID Project No 93-3-05, to the low bidder, Transtate Paving, Inc , in the amount of $160,379 61 and, further, to authorize the Mayor to sign the contract documents Mr Lathim seconded the motion Motion carried by unanimous roll call vote Police Contract MOTION Mr Garrison moved to approve the Collective Bargaining Agreement with the Pasco Police Officers Association for calendar years 1997 and 1998 and, further, authorize the Mayor to sign the agreement Mr Jackson seconded the motion Motion carried by unanimous roll call vote Hotel/Motel Market Analysis Sun Willows Business Park MOTION Mr Garrison moved to approve the agreement with the Chambers Group, Inc , for the performance of market analysis services for the development of a lodging facility in the Sun Willows Business Park and, further, authorize the Mayor to sign the agreement Mr Lath= seconded the motion Motion carried by unanimous roll call vote MISCELLANEOUS - INCLUDING SUGGESTIONS FROM COUNCIL None ADJOURNMENT No further business, the meeting was adjourned at 9 42 P M Ch: les D Kilbury, 4 ayor ATTEST Catherine D Seaman - Deputy City Clerk PASSED and APPROVED this 18 day of February , 1997 -8-