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
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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
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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
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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'?
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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
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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
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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
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