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Home My WebLink About1997.03.17 Council MinutesMINUTES PASCO CITY COUNCIL REGULAR MEETING MARCH 17, 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 Leland B Kerr, City Attorney, Dan Underwood, Finance Director, Bob Alberts, Public Works Director, Greg Garcia, Fire Chief, Dave McDonald, City Planner, Dennis Wright, City Engineer, Richard Smith, Community 86 Economic Dev Director, and Tim Arntzen, Management 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 March 3, 1997 B) Bills and Communications To approve General Claims in the amount of $864,762 49 ($17,397 77 being in the form of Wire Transfer Nos 3048 and 3049, and $847,364 72 consisting of Claim Warrants numbered 101224 through 101475) C) Resolution No 2303 To approve Resolution No 2303, fixing 7 30 p m, April 7, 1997, as the time and date for a public hearing to consider the proposed vacation of the unused portion of Court Street abutting Lot 4, Short Plat 79-35 D) Set Public Hearing Date to Amend the 6-Year Street Construction Program To set Monday, April 7, 1997, at 7 30 p m in the City Council Chambers, as the time and place for a public hearing to amend the City's 6-Year Street Construction Program E) Appointments to Planning Commission To concur in the Mayor's appointment of the following residents to the Planning Commission 1 Brian Fast to Position No 4 to a term that will expire on February 2, 2000 (unexpired term of Ronald Malachi) 2 David Ratcliffe to Position No 6 to a term that will expire on February 2, 2001 (unexpired term of Linda Sue Williams) 3 June Smurthwaite to Position No 9 to a term that will expire on February 2, 2003 PROCLAMATIONS AND ACKNOWLEDGMENTS None VISITORS None REPORTS FROM COMMITTEES AND/OR OFFICERS None MINUTES REGULAR MEETING PASCO CITY COUNCIL MARCH 17, 1997 PUBLIC HEARINGS Riverview Sanitary Sewer LID No 132 (Continued from regular meeting of March 3, 1997) Mr Dennis Wright, City Engineer and explained that the public hearing for the proposed LID was opened on March 3, 1997, and all present who wished to be heard were allowed to give testimony The hearing was then continued to allow two absent councilmembers to be present to vote on this issue Staff is requesting that Council pass the proposed ordinance as presented, which will start the thirty (30) day protest period Ms Fran.cik explained to Council that she would directly benefit from the proposed LID and, therefore, she recused herself from the public hearing MAYOR KILBURY RECONVENED THE PUBLIC HEARING FOR THE RIVERVIEW SANITARY SEWER LID NO 132 Ms Filamena Benton, of 3512 West Opal Street, stated that she was opposed to the LID Mr Brad Ohler, of 2209 Road 32, felt it was unfair that he will have to pay for two (2) assessments because he owns two (2) small lots next to each other He felt it was unfair because he only has one (1) house for both lots He was opposed to 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. 3221 AN ORDINANCE ORDERING THE CONSTRUCTION OF SANITARY SEWER LINES, SEWER STUBS, STREET OVERLAY AND WORK IN THE RIVERVIEW AREA ALL IN ACCORDANCE WITH RESOLUTION NO 2297 OF THE CITY COUNCIL, ESTABLISHING LOCAL IMPROVEMENT DISTRICT NO 132 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 Ordinance No 3221, was read by title only Mr Garrison moved to adopt Ordinance No 3221, creating the Riverview Sanitary Sewer LID No 132 Mr Lathim seconded the motion Motion carried (Abstain - Francik) Street and Easement Vacation Vacation of Front Avenue between Holden Street and "A" Street plus adjoining easements (MF #97-09-V) 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 D & M Leasing submitted a petition requesting the vacation of a portion of Front Avenue and a portion of the easements in vacated Hayes Street and Main Avenue Both Hayes Street and Main Avenue were previously vacated, but an easement was retained over the full width of both streets The City Engineer has no objection to the vacation of Front Avenue so long as the property owner constructs curb and gutter across Front Avenue and modifies the storm drain at Front and "A" Street Additionally, the City Engineer has requested an easement be retained in Front Avenue and that a -2- MINUTES REGULAR MEETING PASCO CITY COUNCIL MARCH 17, 1997 20 foot easement be retained for the existing water and/or sewer lines in Hayes Street and Main Avenue Cascade Natural Gas has requested an easement be retained in Front Avenue and Hayes Street and the Franklin County PUD has requested an easement in Main Avenue The proposed ordinance will cause the requested vacations to occur while retaining necessary easements to protect utilities Mr Garrison excused himself from voting on this item because of an appearance of fairness MAYOR KILBURY DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE VACATION OF FRONT AVENUE BETWEEN HOLDEN STREET AND "A" STREET PLUS ADJOINING EASEMENTS (MF #97-09-V) 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. 3222 AN ORDINANCE VACATING A PORTION OF FRONT AVENUE AND PORTIONS OF THE EASEMENTS IN VACATED HAYES STREET AND MAIN AVENUE MOTION Ordinance No 3222, was read by title only Mr Jackson moved to adopt Ordinance No 3222, vacating certain street rights-of-way and easements within the Pasco Land Company's First Addition Mr Lathim seconded the motion Motion carried (Abstain - Garrison) Street Vacation Vacation of that Portion of Empire Drive abutting Lot 5, Short Plat 93-16 (MF #97-12-V) 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 owner of Short Plat 93-16 has requested that the excess portion of Empire Drive abutting Lot 5, of his Short Plat be vacated MAYOR KILBURY DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE PROPOSED VACATION OF EMPIRE DRIVE ABUTTING LOT 5, SHORT PLAT 93-16 (MF #97-12-V) 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. 3223 AN ORDINANCE VACATING A PORTION OF EMPIRE DRIVE MOTION Ordinance No 3223, was read by title only Mr Garrison moved to adopt Ordinance No 3223, vacating a portion of Empire Drive Mr Lathim seconded the motion Motion carried unanimously ORDINANCES/RESOLUTIONS NOT RELATED TO PUBLIC HEARINGS ORDINANCE NO. 3224 AN ORDINANCE AMENDING ORDINANCE 3216 ORDERING THE CONSTRUCTION OF SANITARY SEWER LINES, SEWER STUBS, STREET OVERLAY AND OTHER WORK IN THE RIVERVIEW AREA ALL IN ACCORDANCE WITH RESOLUTION -3- MINUTES REGULAR MEETING PASCO CITY COUNCIL MARCH 17, 1997 NO 2289, REDUCING THE SIZE OF LOCAL IMPROVEMENT DISTRICT NO 131 MOTION Mr Garrison moved to adopt Ordinance No 3224, revising the boundaries for LID No 131 Mr Jensen seconded the motion Motion carried (No - Kilbury) ORDINANCE NO. 3225 AN ORDINANCE RELATING TO ZONING AND AMENDING PMC TITLE 22 AND ADDING PROVISIONS FOR WIRELESS COMMUNICATIONS TOWERS IN CHAPTER 22 68 MOTION Ordinance No 3225, was read by title only Mr Jensen moved to adopt Ordinance No 3225, amending Chapter 22 68 of the zoning regulations by creating provisions for wireless communication towers Mr Strode seconded the motion Motion carried unanimously RESOLUTION NO. 2302 A RESOLUTION URGING THE STATE LEGISLATURE ALLOCATE FUNDS FOR IMPROVEMENT OF STATE HIGHWAYS IN THE VICINITY OF PASCO, WASHINGTON MOTION Mr Garrison moved to approve Resolution No 2302, urging the legislature allocate additional funding for transportation improvements Mr Lathim seconded the motion Mr Jensen explained to Council that he was not opposed to the resolution, however, he was opposed to an increase in the gas tax as an alternative Mr Strode agreed with Mr Jensen's statement He was opposed to an increase of the gas tax because 70% of tax money is used on the western side of the State Mr Garrison concurred with Mr Jensen's and Mr Strode's statements Ms Francik was in favor of the resolution because it is the user who pays for a service Mr Jackson concurred with Ms Francik Motion carried (No - Jensen, Strode, Garrison) UNFINISHED BUSINESS None NEW BUSINESS None MISCELLANEOUS - INCLUDING SUGGESTIONS FROM COUNCIL None -4- Charles D Kilbury, M MINUTES REGULAR MEETING PASCO CITY COUNCIL MARCH 17, 1997 ADJOURNMENT No further business, the meeting was adjourned at 7 59 P M ATTEST Catherine D Seaman Deputy City Clerk PASSED and APPROVED this 7 day of April , 1997 -5-