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HomeMy WebLinkAbout2001.07.02 Council Minutes MINUTES REGULAR MEETING PASCO CITY COUNCIL JULY 2, 2001 CALL TO ORDER: The meeting was called to order at 7:00 P.M. by Michael L. Garrison, Mayor. ROLL CALL: By Deputy City Clerk. Councilmembers present: Charles D. Kilbury, Joe Jackson, Chris Jensen, Michael Garrison, Dan Lathim, Rebecca Francik, and Carl Strode. Also present: Gary Crutchfield, City Manager; Leland B. Kerr, City Attorney; Stan Strebel, Administrative & Community Services Director; Erin Forrest, City Engineer; Bob Alberts, Public Works Director; Dave McDonald, City Planner; Denis Austin, Police Chief, Richard Smith, Community & Economic Dev. Director; Tim Arntzen, Management Assistant; and Kurt Luhrs, Personnel Manager. PLEDGE OF ALLEGIANCE: The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: MOTION: Mr. Kilbury moved to approve the Consent Agenda. Mr. Strode seconded the motion. Motion carried by unanimous roll call vote. Consent items are as follows: A) Approval of Minutes: To approve minutes of the Regular Meeting held June 18, 2 00 1. To approve minutes of the Special Meeting held June 25, 2001. B) Bills and Communications: To approve General Claims in the amount of $296,184.28 ($16,423.88 being in the form of Wire Transfer No. 3621 and 3625; and $279,760.40 consisting of Claim Warrants numbered 126221 through 126406). Payroll Claims: To approve Payroll Claims in the amount of $1,396,455.26; Payroll Voucher Nos. 023188 through 023539; and EFT Deposit Nos. 007207 through 007671. C) Electronic Home Monitoring_Agreement: To approve the agreement with Moon Security for electronic home monitoring services and, further, authorize the City Manager to sign the agreement. D) Acceptance of Quit Claim Deed — Tower West — Road 68 Widening: To accept the Quit Claim Deed as granted by Tower West. E) Resolution No. 2599 — proposed vacation of a portion of East Lewis Street located between East Lewis Place and the new alignment of East Lewis Street: To approve Resolution No. 2599, fixing 7:00 p.m., August 6, 2001, as the time and date for a public hearing to consider the proposed vacation. PROCLAMATIONS AND ACKNOWLEDGMENTS: Yard of the Month Award: Mayor Garrison presented Yard of the Month Awards for June, 2001 to the following Pasco residents: Jesus & Elodia Gutierrez, 1604 E. Broadway Street. -1- MINUTES REGULAR MEETING PASCO CITY COUNCIL JULY 2, 2001 Goldie Worrell, 2105 N. 141h Avenue (unable to attend). Bruce & Marcine Whitemarsh, 4502 Yuma Drive. Ramon & Irma Sandoval, 1936 W. Ruby Street. Chevo & Pam Campos, 3521 W. Opal Place (unable to attend). Curtis & Shari Richards, 3104 Road 103. Sefic & Nura Cordic, 5415 Valdez Lane. VISITORS: None. REPORTS FROM COMMITTEES AND/OR OFFICERS: None. PUBLIC HEARINGS: Mayor Garrison acknowledged the arrival of Ms. Francik. Community Service Facility Moratorium MF #00-38-I : Mr. David McDonald, City Planner, addressed Council and noted for the record that notice of the public hearing was published and as required by law. Mr. McDonald explained that in July of 2000 the City Council adopted an ordinance that imposed a 12 month moratorium on the acceptance of applications for special permits, building permits, location changes and licenses for Community Service Facilities within the Pasco Downtown Development Association boundary. Following several months of study by staff, the Planning Commission held a hearing in January to gather public comments and information; several workshops were held; followed by a public hearing on May 17, 2001 to consider a proposed code amendment for Community Service Facilities. At the conclusion of the May 17" hearing, the Planning Commission recommended the City Council extend the moratorium for six months. Public testimony received at the Planning Commission hearing on May 171'' encouraged more work and additional study be performed prior to Council action. Extension of the moratorium will enable the Planning Commission to study this issue in more detail and perhaps refine the proposed code amendment presented at the May 17, 2001, hearing. MAYOR GARRISON DECLARED THE PUBLIC HEARING OPEN TO CONSIDER AN EXTENSION OF A MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR SPECIAL USE PERMITS, BUILDING PERMITS, LOCATION CHANGES AND LICENSES FOR COMMUNITY SERVICE FACILITIES. Mr. Byron Brooks, 112 N. 2' Ave., read from a letter he was going to present to Council in opposition to the moratorium and explaining that until 32 months ago he was other than a beneficial member of society and had, in fact, been a drain upon Federal, State and local law enforcement budgets, criminal and civil court systems, as well as a frequent resident of several detention facilities. Mr. Brooks felt the Union Gospel Mission provided a stable, positive environment where he received the help he needed to change his life. Mr. Brooks felt that he's an example of the restorative work being done in the Mission and other community service based facilities -2- MINUTES REGULAR MEETING PASCO CITY COUNCIL JULY 2, 2001 Mr. Brooks stated that faith-based community service organizations, such as the Salvation Army, Union Gospel Mission, St. Vincent de Paul and churches should be allowed to purchase property, expand existing facilities, and operate freely and with full Council support within the downtown area. Mr. Don Porter, of 110 N. 2" Ave., spoke in opposition to the proposed extension of the moratorium for the following reasons: The moratorium was enacted only to study the negative impact of community service facilities upon the City of Pasco; opposed to the extension based upon the consistent mindset of the City of Pasco for the last 17 years, i.e., PMC 22.44, that community service facilities are undesirable or unattractive and detrimental to public and private investment in revitalization efforts and, therefore are prohibited within the C-2 district; opposed to extension because it places undue hardship upon newly formed churches, which are classified as community service facilities. Mr. Al Akerson, of 3226 W. Sylvester St., spoke in opposition to the proposed extension of the moratorium and expressed his concern that the proposed code revisions would be unconstitutional by limiting the ways and means people choose to worship. Mr. Timothy Dalton, presented a letter from Rosemary Doupe, Executive Director of the Pasco Downtown Development Association, expressing her opinion that the moratorium should be continued. Ms. Doupe explained that in the last few years downtown Pasco has attracted several excellent businesses and the PDDA is currently working with several potential businesses who are considering locating in Pasco. Downtown Pasco has all of the qualities necessary for successful revitalization, but revitalization doesn't happen over night. It takes time, and given time, the revitalization of downtown Pasco will happen and downtown will be healthy, vibrant, clean and safe. Ms. Eileen Crawford, of 4506 Yuma Dr., was opposed to an extension of the moratorium and felt Council was ripping the heart out of Pasco by restricting faith-based community service organizations and churches in the downtown area.. Mr. Wes McIntire, of 1912 Road 48, asked what a six month extension of the moratorium would accomplish that a one year moratorium didn't? Mr. McDonald explained that the meat of the research has been done, additional work could be done regarding constitutionality regarding the regulations, the Planning Commission will need to hold one or two workshops and a public hearing taking approximately three months, at the end of which the Planning Commission will forward a recommendation to Council for their consideration. The Council may need several workshops, taking up at least a month. Accomplishing all this would use up most of the proposed extension. Mr. Pat Crawford, 4506 Yuma Dr., felt the PDDA was holding the downtown area hostage and the moratorium needed to end. Ms. Carol Shoe, of 703 W. Clark St., was opposed to the moratorium and felt it was foolish to assume that restricting community service organizations would make those deemed undesirable leave the area. Ms. Fannie O'Neal, of 1914 N. 9`" Ave., asked what would happen should her church, that is located in the moratorium area, should it burn down? Would -3- MINUTES REGULAR MEETING PASCO CITY COUNCIL JULY 2, 2001 they be allowed to rebuild the church during the moratorium? Would they be able to expand and add a parking lot during the moratorium? Mr. McDonald explained that during the moratorium the issuance of new permits or licenses is prohibited, however, after the moratorium ends plans could be submitted for rebuilding, expanding or a parking lot. Ms. Minnie Pesina, of 407 W. Shoshone St., was upset to see the City of Pasco putting limits on what can be done to help people in need. Mr. Richard Eggers, 1910 Auburn Rd., felt that community service organizations should be allowed to serve the public as needed. Mr. Ken Reithmayr, of Kurt's Decorative Service, stated he has seen things change in Pasco over the years both to the good and the bad, and he would hate to see good organizations banned from the downtown area. Following three (3) calls from Mayor Garrison for comments from the floor, either for or against, the public hearing was declared closed. Mr. Jensen stated he was disappointed that staff and the Planning Commission hadn't made more progress on this issue and he isn't in favor of extending the moratorium. Mr. Kilbury felt an additional six months of moratorium would get Council to a position where they will have a proposal to decide on. Mr. Lathim felt that with or without a moratorium staff and the Planning Commission could continue to work on the necessary improvements. Mr. Jackson stated he would support the ordinance to extend the moratorium as presented. ORDINANCE NO. 3477 AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, ADOPTING FINDINGS OF FACT TO JUSTIFY THE CONTINUED IMPOSITION AND EXTENSION OF A MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR SPECIAL USE PERMITS, BUILDING PERMITS, LOCATION CHANGES AND LICENSES FOR COMMUNITY SERVICE FACILITIES. MOTION: Ordinance No. 3477, was read by title only. Ms. Francik moved to adopt Ordinance No. 3477, approving findings of fact and extending the moratorium on the acceptance of special permit applications, building permits, or license applications of any kind for community service facilities within the Pasco Downtown Development Association boundaries. Mr. Strode seconded the motion. Motion carried (No —Lathim, Jensen). Final Assessment Roll for ULID 140: Mr. Erin Forrest, City Engineer, addressed Council and noted for the record that notice of the public hearing was published and posted as required by law. Mr. Forrest gave a brief overview of the ULID process and explained that ULID 140 was created to construct sanitary sewer for an area on West Pearl Street between Road 40 and 42. The Preliminary Assessment amount was -4- MINUTES REGULAR MEETING PASCO CITY COUNCIL JULY 2, 2001 $75,000.00, which was to be divided equally in the amount of $7,500.00 to each lot within the ULID boundary. The total Final Assessment Roll for ULID 140 was $69,440.00 distributed equally to 10 lots for a final assessment of$6,944.00 each. MAYOR GARRISON DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE FINAL ASSESSMENT ROLL FOR ULID 140. Following three (3) calls from Mayor Garrison for comments from the floor, either for or against, and there being none, the public hearing was declared closed. ORDINANCE NO. 3478 An ordinance of the City of Pasco, Washington, relating to Utility Local Improvement District No. 140, approving and confirming the assessments and assessment roll of Utility Local Improvement District No. 140 created for the purpose of carrying out a system or plan of additions to and betterments and extensions of the waterworks utility of the City, including the sanitary sewerage system and the system of storm or surface water sewers of the City specified, adopted and ordered to be carried out by Ordinance No. 3434, and levying and assessing the cost and expense thereof against the several lots, tracts, parcels of land, and other property as shown on the assessment roll. MOTION: Ordinance No. 3478, was read by title only. Ms. Francik moved to adopt Ordinance No. 3478, confirming the Final Assessment Roll for ULID 140. Mr. Strode seconded the motion. Motion carried unanimously. ORDINANCES/RESOLUTIONS NOT RELATED TO PUBLIC HEARINGS: None. UNFINISHED BUSINESS: None. NEW BUSINESS: Financial Assistance for Water Follies Event: MOTION: Ms. Francik moved to authorize $2,500 for conduct of the Water Follies Event and $2,500 for the Air Show Event and, further, direct the $5,000 total expenditure be included in the year-end General Fund Supplemental Budget. Mr. Strode seconded the motion. Motion carried by unanimous roll call vote. Award of Redwood Plaza Project No. 01-5-01: MOTION: Ms. Francik moved to award the bid for the Redwood Plaza Project No. 01-5-01, to the low bidder, Sharpe & Preszler Construction Co., Inc., in the amount of$126,895.16 including sales tax and, further, authorize the Mayor to sign the contract documents. Mr. Strode seconded the motion. Motion carried by unanimous roll call vote. -5- MINUTES REGULAR MEETING PASCO CITY COUNCIL JULY 2, 2001 MISCELLANEOUS - INCLUDING SUGGESTIONS FROM COUNCIL: Executive Session: Mayor Garrison recessed to an executive session at 9:16 p.m. for approximately 15 minutes to discuss a claim against the City with legal counsel. Mayor Garrison reconvened the regular meeting at 9:40 p.m. ADJOURNMENT: No further business, the meeting was adjourned at 9:42 p.m. APPROVED: ATTEST: Michael L. Garrison, Mayor Catherine D. Seaman, Deputy City Clerk PASSED and APPROVED this 16'x` day of July, 2001. -6-