HomeMy WebLinkAbout1997.05.05 Council MinutesMINUTES
PASCO CITY COUNCIL
REGULAR MEETING MAY 5, 1997
CALL TO ORDER
The meeting was called to order at 7 30 P M by Charles D Kilbury, Mayor
Mayor Kilbury recessed to at executive session at 7 32 p m to discuss
potential litigation and reconvened the meeting at 7 55 p m
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, Dave McDonald, City
Planner, Webster Jackson, Administrative Services Manager, Denis Austin,
Police Chief, Dick Erickson, Parks & Recreation Director, 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 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 April
21, 1997
To approve minutes of Special Meeting held April 28, 1997
B) Bills and Communications To approve General Claims in the amount
of $875,683 77 ($15,926 22 being in the form of Wire Transfer Nos
3058 and 3059, and $859,757 55 consisting of Claim Warrants
numbered 102001 through 102243)
Payroll Claims To approve Payroll Claims in the amount of
$661,484 10, Payroll Voucher Nos 3447 through 3919
Bad Debt Write-offs To approve bad debt write-offs for utility billing,
ambulance, Municipal Court non-criminal, criminal and parking
accounts receivable, in the total amount of $278,877 45 and, of that
amount, authorize $277,427 51 be turned over for collection
C) Surplus Personal Property To declare the bleachers located at the
Memorial Swimming Pool surplus to city need and authorize staff to
transfer said bleachers to the Pasco School District
D) Special Permit Location of an Electrical Substation on South Oregon
Avenue (MF #97-42-SP) To approve the special permit for the Franklin
County PUD substation on South Oregon Avenue, as recommended by
the Planning Commission
E) Resolution No 2308 To approve Resolution No 2308, fixing 7 30
p m, June 2, 1997, as the time and date for a public hearing to
consider the proposed vacation of a portion of the east/west alley in
Block 1, Gray's East Riverside Addition
MINUTES
REGULAR MEETING
PASCO CITY COUNCIL MAY 5, 1997
PROCLAMATIONS AND ACKNOWLEDGMENTS
Yard of the Month Award Mayor Kilbury presented Yard of the Month
Awards for April, 1997 to the following Pasco residents
Virginia Chavez, 203 North Owen Avenue (unable to attend)
Rosa Tnllayes, 1224 South 4th Avenue
Bill 85 Sandy Clark, 1504 West Bonneville Street
Anne Taber, 1315 North 15th Avenue
William 85 Janet Allen, 2212 West Pearl Street (unable to attend)
Marvin &Evelyn Ricard, 4100 Horizon Drive
Clifford 86 Wanda Haines, 4305 West Ruby Street
VISITORS
Mayor Kilbury acknowledged the presence of Troop #159, under the
guidance of Mr Tom Roach
REPORTS FROM COMMITTEES AND/OR OFFICERS
Ms Francik invited anyone interested to apply for a position on the Mid-
Columbia Arts Council to fill boardmember vacancies
PUBLIC HEARINGS
Demolition/Clean Up 120 West Shoshone Street Mr David McDonald, City
Planner, addressed Council and noted for the record that notice of the
public hearing was published as required by law
Mr McDonald explained that the owner of the property failed to take
corrective action as requested by the City to eliminate the substandard
conditions on his property As a result the City, though application of the
Uniform Housing Code, hired a contractor to remove the remains of an
apartment building and accompanying debris from the property at an
incurred cost of $4,627 27
Staff recommends making the costs for abatement a personal obligation of
the owner In this case the property had a change in ownership while the
work was being accomplished, making it difficult for a lien to be effective
To avoid protracted legal expenses on the recovery of costs, staff and Mr
Newborne have reached a mutual agreement on a payment schedule for the
abatement costs Mr Newborne will make 12 monthly payments to the City
to satisfy his obligation
MAYOR KILBURY DECLARED THE PUBLIC HEARING OPEN TO CONSIDER
RECOVERY OF ABATEMENT COSTS FOR DEMOLITION/CLEAN UP OF 120
WEST SHOSHONE STREET
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
MOTION Mr Garrison moved to make the abatement costs for demolition
work at 120 West Shoshone Street a personal obligation of William A
Newborne and direct the City Attorney to collect abatement costs by use of
all appropriate legal remedies Mr Lathim seconded the motion Motion
carried unanimously
Easement Vacation - Vacate a portion of utility easement in Main Avenue
abutting Blocks 29 and 30, Frey's Addition (MF #97-40-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
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MINUTES
REGULAR MEETING
PASCO CITY COUNCIL MAY 5, 1997
Mr McDonald explained that Mr Kurt Lockard, the owner of Blocks 29 and
30, Frey's Addition, filed a petition requesting a 20 foot easement on either
side of vacated Main Avenue (east/west)
The easement contains a large sewer line that services the King City Truck
Stop area and during discussions with the property owner and the City
Engineer, it was determined that the best option would be to only vacate 20
feet on the east side of the easement This would leave a 60 foot easement
for the sewer line The 20 foot vacation would allow a new building to be
constructed on the property, and a part of the easement, which would result
in a new business coming to Pasco
MAYOR KILBURY DECLARED THE PUBLIC HEARING OPEN TO CONSIDER
THE VACATION OF THE EAST AND WEST 20 FEET OF THE UTILITY
EASEMENT LOCATED IN VACATED MAIN AVENUE BETWEEN THE
SOUTH LINE OF SUPERIOR STREET AND THE NORTH LINE OF PUEBLO
STREET
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. 3230
AN ORDINANCE VACATING A PORTION OF THE EASEMENT
IN VACATED MAIN AVENUE BETWEEN BLOCKS 29 AND 30,
FREY'S ADDITION
MOTION Ordinance No 3230, was read by title only Mr Garrison moved
to adopt Ordinance No 3230, vacating portions of Main Avenue between
Superior Street and Pueblo Street Mr Jensen seconded the motion Motion
carried unanimously
ORDINANCES/RESOLUTIONS NOT RELATED TO PUBLIC HEARINGS
Mayor Kilbury explained that he would remove himself from the discussion
of the following ordinance due to a conflict of interest and turning the
meeting over to Mr Garrison, as Mayor Pro-tern
ORDINANCE NO. 3231
AN ORDINANCE AMENDING PMC 5 04 160 IN REGARDS TO
RENTAL-DWELLING UNIT BUSINESS LICENSE FEES AND
CREATING NEW CHAPTER 5 78 ENTITLED "RENTAL
LICENSE" PROVIDING FOR THE LICENSING AND
INSPECTION OF RESIDENTIAL DWELLING UNITS
Mr Smith explained to Council that at the conclusion of the 1996 retreat,
Council identified streamlining the code enforcement process and
establishing a rental licensing and inspection program as a top priority for
1996-97 In November 1996, the Council adopted an ordinance creating the
Pasco Code Enforcement Board (CEB) and establishing a system to process
violations of the Pasco Municipal Code as civil violations
Code Enforcement Officers have found that a heavy preponderance of
serious code violations are found on rental properties Of the forty-two (42)
civil violation cases which have been brought before the new CEB since
March 1997, a total of twenty-six (62%) have been for violations at non-
owner occupied properties In the City of Seattle approximately seventy
percent (70%) of the units inspected in conjunction with their rental
licensing and inspection program were found to be in violation of housing
and related codes By licensing and systematically inspecting all rental
dwellings, code enforcement staff can pro-actively address the most serious
code violations
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MINUTES
REGULAR MEETING PASCO CITY COUNCIL
MAY 5, 1997
Mr Jensen questioned what would happen if a tenant notified the City that
they did not want the inspection done, would the City force the inspection'?
Mr Jensen also asked if it would be the City's intention to schedule the
inspections when tenant's were not at home?
Mr Smith stated that the City would not force entry into the tenant's
residence and staff would encourage the tenant to be present during the
inspection, as well as the landlord The landlord would be given a ten (10)
day notice prior to the inspection of the property
Mayor Pro-tern Garrison read the following statement into the record "I had
a number of phone calls over the last three (3) days Most of the calls were
from renters given only half of the facts Some of the calls were questions,
some stated opinions and several were threatening and rude The facts, as I
understand them are, that under the Landlord/Tenant Act a landlord has
the right to inspect any rental property after giving forty-eight (48) hours
notice to the renter The City will provide the landlord with, at least, ten
(10) days notice of an inspection The City would make the inspections
with the landlord, or his representative who arranged for the inspection,
with the renter No City Inspector will for their way into any rental unit,
nor will they show up without any notice from the landlord Inspections
would be, at the most, once a year More likely, once every fourteen (14) to
twenty-four (24) months In order for the landlord to rent they must have a
business license In order to keep their business license rental properties
must meet building, health and safety codes, which would require
inspections This ordinance will add rental duplexes and single family
rentals, which have not been license before I believe that many of the
problem rentals, that are out there at this point in time, are of that size
because they have not been regulated I believer the inspections, even for
the best ran rental units, is good because finding one code or safety item
that could prevent an injury or death is worth the trouble"
Mayor Pro-tern Garrison explained that he lives next to an apartment
complex and feels it is one of the best maintained in the Tr-Cities,
however, he feels it would be of benefit to the tenants' to have the
inspection
Ms Ellen Rangle, of Sun Gardens West #10, spoke for herself and six (6)
other apartment residents about the proposed ordinance and asked if
individual units in a large complex would be inspected 2 What would be the
purpose of the inspection as far as the residents were concerned and would
a search warrant be used in the event a tenant refused to allow the
inspection?
Mr Smith explained that individual units in an apartment complex would
be inspected and the inspections would be to assure that the facility meets
minimum standards of health and safety, i e , is the plumbing functioning
properly or does the roof leak
Mr Crutchfield explained that if a tenant refused the inspection it would be
between the tenant and the landlord The City would only deal with the
landlord with respect to that issue The City would not force entry into
anyone's apartment
Ms Brenda Alford, spoke as a representative of the Franklin County
Republican Central Committee, spoke in opposition to the proposed
ordinance and felt it would unnecessarily extend the government's role in
the landlord-tenant relationship and create additional unnecessary
regulations The Republican CentralCommittee also feels that adoption of
the ordinance would infringe upon personal freedoms and rights to privacy
by subjecting landlords and tenants to annual inspections of the rental
units
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MINUTES
REGULAR MEETING
PASCO CITY COUNCIL MAY 5, 1997
Ms Linda Hinton, of 1720 West Court Street #D, spoke in opposition and
felt an inspection of her unit would be intrusive and an invasion of her
privacy She felt Council should go after the slum landlords
Mr Devon Woodward, of 1907 West Jay Street #G, questioned whatever
happened to normal fire inspections and to decent people taking care of
themselves and their property'? He felt any additional costs incurred by the
landlord would be passed on to the tenant
Ms Birtha Glat, of 4212 Mojave Drive, asked if the City would be hiring an
inspector who would work evenings and weekends to make it convenient
for the tenant'?
Mr Crutchfield explained that the City would likely have to do just that and
the City already has a lot of employees that work off the normal daytime
hours
Mayor Pro-tem Garrison asked if staff could schedule a "Town Meeting" to
answer questions and concerns from tenants and landlords'?
Mr Crutchfield agreed that it would be beneficial to all concerned to hold a
meeting at the Franklin County PUD Auditorium to answer the kinds of
questions that are being raised
Mr Tom Thomlm, of 1721 North 10 Avenue, was opposed to the ordinance
because it would invade his privacy
Mr Gabe Penley, of 507 North 4 Avenue #602, was opposed to the
ordinance
Mr Allen Gunter stated the pink flyer was put out by the Columbia Basin
Apartment Association and felt it was an accurate explanation of what the
City was proposing with the ordinance He also stated that no where in the
City's proposed ordinance does it state that the City will give ten (10) days
notice before an inspection
Ms Charlene Snyder, of 1604 Jadwm Avenue #4-A, Richland, explained
that people who live in subsidized housing are used to being inspected
Mr Kent McMullen, spoke as a representative of the Franklin County Farm
Bureau, and stated he viewed the proposed ordinance as a threat to a stable
work force and felt the ordinance was discriminating against a segment of
society
Mr Jason Anderson, of 1821 North 21 Avenue, was opposed to the
ordinance and didn't want his privacy invaded
Mr Earl Wash, manager of the Americana Apartments, explained that he
follows very strict guidelines for the maintenance of the apartments through
HUD and that the apartments are inspected twice a year Mr Wash felt that
subsidized housing should be exempt from additional inspections conducted
by the City
Mr Crutchfield explained that the proposed ordinance would exempt those
rental units owned and maintained by the Pasco Housing Authority The
rational being that those units are being inspected at least annually by HUD
and the inspections records are available to the City for review It could be
put into the ordinance that any other subsidized housing, that is subject to
periodic inspection, would not require additional inspections
Ms Nancy De Lorenzo, 2326 Easton Avenue of Richland, informed Council
that she felt this ordinance would set a precedent through out the Tr-
Cities
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MINUTES
REGULAR MEETING
PASCO CITY COUNCIL MAY 5, 1997
Ms Jennifer Jones, no address given, felt the ordinance would be a
violation of her right to privacy
Ms Minnie Pesma, of 407 West Shoshone Street, felt the Council was doing
the correct thing to hold a "Town Meeting" She wanted to remind the City
to advertise in the Spanish Newspaper and on Spanish Radio
Mr Mel DeWeber, no address given - owns property in Pasco, was opposed
to the ordinance
Ms Jennifer Marsh, of Sacajawea Apartments #509, was concerned about
how the ordinance would be enforced
MOTION Mr Strode moved to table the ordinance until such time that staff
can conduct a "Town Meeting" to answer questions from the public Mr
Jackson seconded the motion Motion carried (Kilbury - Abstain)
Mayor Pro-tern Garrison turned the meeting back over to Mayor Kilbury
Mayor Kilbury recessed for a short break at 9 04 p m and reconvened at
9 09 p m
RESOLUTION NO. 2309
A RESOLUTION ACCEPTING WORK BY TRANSTATE PAVING,
INC UNDER CONTRACT PROJECT NO 94-3-03
MOTION Resolution No 2309, was read by title only Mr Garrison moved
to approve Resolution No 2309, accepting the work performed by Transtate
Paving, Inc for Project No 94-3-03, which was the "A" Street Overlay Mr
Lathim seconded the motion Motion carried unanimously
ORDINANCE NO. 3232
AN ORDINANCE INCREASING THE MONTHLY
COMPENSATION PAID THE MAYOR AND CITY
COUNCILMEMBERS, AND AMENDING SECTION 2 16 010 OF
THE PASCO MUNICIPAL CODE
MOTION Ordinance No 3232, was read by title only Mr Garrison moved
to adopt Ordinance No 3232, increasing the monthly compensation paid the
Mayor and Councilmembers Mr Lathim seconded the motion Motion
carried unanimously
UNFINISHED BUSINESS
None
NEW BUSINESS
Contract between the City of Pasco and Ravenhurst Development, Inc for
the preparation of Market and Economic Analysis for a grocery store in East
Pasco
MOTION Mr Garrison moved to approve the agreement with Ravenhurst
Development, Inc for the preparation of market and economic analysis for a
grocery store in East Pasco Mr Lathim seconded the motion Motion
carried unanimously
Drilling of Well - Baseball/Soccer Fields
MOTION Mr Garrison moved to table this issue until a special meeting to
be held on May 12, 1997, at 7 30 p m Mr Lathim seconded the motion
Motion carried unanimously
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A' "es D Kilburcr, ayor
MINUTES
PASCO CITY COUNCIL MAY 5, 1997 REGULAR MEETING
MISCELLANEOUS - INCLUDING SUGGESTIONS FROM COUNCIL
Mayor Kalbury recessed to an executive session at 9 20 p m to discuss a
personnel matter
ADJOURNMENT
No further business, the meeting was adjourned at 9 45 P M
ATTEST
Cathenne D Seaman
Deputy City Clerk
PASSED and APPROVED this 19 day of May , 1997
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