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HomeMy WebLinkAbout2002.08.19 Council Minutes MINUTES REGULAR MEETING PASCO CITY COUNCIL AUGUST 19, 2002 CALL TO ORDER: The meeting was called to order at 7:00 P.M. by Michael L. Garrison, Mayor. ROLL CALL: By City Clerk. Councilmembers present: Charles D. Kilbury, Joe Jackson, Eileen Crawford, Michael Garrison, Tom Larsen, Rebecca Francik, and Carl Strode. Also present: Gary Crutchfield, City Manager; Leland B. Kerr, City Attorney; Stan Strebel, Administrative & Community Services Director; Bob Alberts, Public Works Director; Dave McDonald, City Planner; Denis Austin, Police Chief, Tim Arntzen, Management Assistant. PLEDGE OF ALLEGIANCE: The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: MOTION: Mr. Strode moved to approve the Consent Agenda. Ms. Francik 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 dated August 5, 2002. (It was noted that the record should reflect that Ms. Crawford's absence was excused.) B) Bills and Communications: To approve General Claims in the amount of $722,476.08 ($50,175.88 being in the form of Wire Transfer No. 3815 and 3816; and $672,300.20 consisting of Claim Warrants numbered 132397 through 132645). Bad Debt Write-offs: To approve bad debt write-offs for utility billing, ambulance, miscellaneous, cemetery and Municipal Court non-criminal, criminal and parking accounts receivable in the total amount of $113,512.49 and, of that amount, authorize $113,313.38 be turned over for collection. C) Sidewalk Easement - Jerry Eerkes - 4"' Avenue and Court Street Signal Modifications: To accept the Sidewalk Easement as granted by Jerry Eerkes. D) Utilily Easements - Pasco Housing Authorit Fred and Mga LaMothe and Robert and Ma Jacobs: To accept the Waterline Utility Easement as granted by the Pasco Housing Authority. To accept the Permanent Utility Easement as granted by Fred and Mary LaMothe. To accept the Permanent Utility Easement as granted by Robert and Mary Jacobs. E) Crosswalk at 4' and Nixon, Project No. 02-3-02: To reject the bid received for the crosswalk at 4"' and Nixon from Sierra Electric, Inc., and, further, authorize staff to rebid the project. F) Resolution No. 2685: To approve Resolution No. 2685, accepting the work performed by Rotschy, Inc., under contract for L.I.D. 139, Project No. 00-3-12. -l- MINUTES REGULAR MEETING PASCO CITY COUNCIL AUGUST 19, 2002 G) Resolution No. 2686: To approve Resolution No. 2686, accepting the work performed by Watts Construction, Inc., for the Riverview Sewer Interceptor Extension, Project No. 99-1-05. PROCLAMATIONS AND ACKNOWLEDGMENTS: None. VISITORS: None. REPORTS FROM COMMITTEES AND/OR OFFICERS: None. PUBLIC HEARINGS: None. ORDINANCES/RESOLUTIONS NOT RELATED TO PUBLIC HEARINGS: RESOLUTION NO. 2687 A RESOLUTION INITIATING ANNEXATION OF A CERTAIN PROPERTY CONTIGUOUS TO THE CITY OF PASCO; REQUESTING THE FRANKLIN COUNTY BOARD OF COMMISSIONERS TO CALL AN ELECTION THEREON ON NOVEMBER 5, 2002. MOTION: Ms. Francik moved to approve Resolution No. 2687, calling for an election on the question of annexing the property described therein. Mr. Strode seconded the motion. Motion carried unanimously. RESOLUTION NO. 2688 A RESOLUTION ESTABLISHING A POLICY FOR FAIRNESS DECLARATIONS AT QUASI-JUDICIAL HEARINGS. MOTION: Ms. Francik moved to approve Resolution No. 2688, establishing policy and procedures to assure fairness in quasi-judicial hearings. Mr. Strode seconded the motion. Mr. Kilbury was opposed to approving a resolution that he felt prevented a constituent from speaking to their elected official regarding a matter before the Council. Mr. Strode was in favor of the proposed resolution and didn't feel it prevented communication between a constituent and their elected official. He felt the proposed resolution would prevent a constituent from using information about previous communications in an unfair way to any of the participants of a quasi-judicial matter. Mr. Larsen stated he agreed with Mr. Kilbury and would vote accordingly. Ms. Francik concurred with Mr. Strode and wholeheartedly supported the proposed resolution. -2- MINUTES REGULAR MEETING PASCO CITY COUNCIL AUGUST 19, 2002 Motion carried by the following roll call vote: Yes - Garrison, Crawford, Jackson, Strode, Francik; No - Larsen, Kilbury. ORDINANCE NO. 3560 AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING TITLE 5, ENTITLED "BUSINESS LICENSES AND REGULATIONS." MOTION: Ms. Francik moved to adopt Ordinance No. 3560, revising Title 5 of the Pasco Municipal Code and to authorize publication by summary only. Mr. Strode seconded the motion. Mr. Mike Malody, of 2121 W. Henry St., stated that the requirement for a financial statement from a non-profit organization wishing to sponsor an outdoor music festival should be removed as well as the requirement of licensing of non-profit organizations, specifically, churches. Ms. Crawford expressed her concerns regarding 5.04.170(A) Exemption - Non-profit Organizations; 5.09 Residential Soliciting; 5.25.065(A)(2) Outdoor Music Festival - Additional Requirements. Ms. Crawford felt that a non-profit organization could provide a bond in place of a financial statement as required in 5.25.065(A)(2). Ms. Crawford stated that with staffs assurance that the sections of the code being reviewed by the City Attorney would be brought before the Council September 91" she would vote in favor of the proposed ordinance. Mr. Crutchfield explained for the audience that the proposed ordinance would change only certain sections of the current law. The ordinance does not propose to make any changes to the three sections cited by Ms. Crawford. Motion carried (No - Kilbury, Larsen). UNFINISHED BUSINESS: None. NEW BUSINESS: Closed Record Hearing - Special Permit: Church at 517 West Lewis Street (Iglesia Apostolica) (MF #02-67-SP): Mr. Kerr explained that the purpose of the closed record hearing was to act as a "court" of appeal. He also explained that the function of the Council was to review the record presented to the Planning Commission and make a determination based upon the information contained within the record. The closed record hearing cannot be opened to new evidence or new information. Either side of the action can be allowed (Council's choice) to make an argument to the Council to assist them with making a determination. The Council's responsibility is to review the record as presented, all the evidence received by the Planning Commission, and make their determination either for or against the Planning Commission's determination. Mayor Garrison read for the record the City's newly adopted policy for fairness in quasi-judicial hearings and then asked if any Councilmember or member of the audience had anything to declare before the hearing? There were none. -3- MINUTES REGULAR MEETING PASCO CITY COUNCIL AUGUST 19, 2002 Mr. McDonald explained that on June 20, 2002, the Planning Commission conducted an open record public pre-decision hearing to determine whether or not to recommend a special permit for the location of the Iglesia Apostolica Church at 517 W. Lewis Street. Following conduct of the hearing, the Planning Commission reasoned that with conditions, it would be appropriate to recommend approval of a special permit for the Iglesia Apostolica Church with conditions relating to operation of the church. Subsequent to the Planning Commission's hearing and recommendation, the Council deemed that further review was needed and scheduled a closed record hearing. Ms. Crawford felt that the applicant was willing to live with the special conditions set by the Planning Commission and were doing their best to work with the City. MOTION: Ms. Crawford moved to adopt the findings of fact as contained in the staff report to the Planning Commission. Mr. Larsen seconded the motion. Ms. Francik felt the Planning Commission should have considered the parking problem involved with a special permit, i.e., people attending church versus people going to a theater and afterward window shopping. Ms. Francik was also concerned about people attending the church on Saturdays along with people trying to go to the Farmer's Market. Ms. Francik felt that the Planning Commission's decision to grant the special permit was based on the assumption that the theater had been vacant for 17 years and that diluting the business district with non-business activities could harm the district over the long term by setting this precedent. Mr. Strode asked if, indeed, the theater had been vacant for 17 years? Mr. McDonald explained that in the last 17 years the theater has been occupied by the Pasco Family Theater, followed by a Hispanic theater and then occupied by the Jaycees as a club house. Mr. Strode pointed out that the record indicates that only specific conditions are prohibited during business hours of 8:00 a.m. to 6:00 p.m. and that regular church activities can take place during those hours. Mr. Strode felt the Planning Commission's Findings of Fact were flawed and that the proposed special permit did not meet the requirements of the Comprehensive Plan. Mr. Strode also felt the proposed use was in conflict with the general vicinity and would not generate revenue. MOTION: Mr. Strode moved to amend the motion to accept the alternate findings of fact as prepared by the Council. Mr. Jackson seconded the motion. Mr. Larsen stated that steps were being taken by the applicant to improve the parking problem. Mr. McDonald explained that the proposed parking would be south across the street and behind some buildings, which is used during the day for business owners and their employees. Ms. Crawford wanted to reiterate that a C-2 zone does allow churches under the special permit process and pointed out that one of the conditions of the special permit would eliminate any activities that -4- MINUTES REGULAR MEETING PASCO CITY COUNCIL AUGUST 19, 2002 generated noise, like choir practice, from taking place during normal business hours. Mr. Strode read the findings of fact for denial of the special permit as proposed in his amended motion into the record. The findings of fact are based upon the criteria listed in PMC 25.86.060: 1. Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive Plan? The Comprehensive Plan (LU-4B) encourages the concentration of commercial activities which are functionally and economically beneficial to each other. The zoning regulations are used to implement the Comprehensive Plan. The proposed site is located in the Central Business District Zone (C-2). The purpose of the C-2 zone is to, among other things, encourage the clustering of retail businesses and retail services, which functionally interact well together and will economically fare better as a result of close proximity to one another. The Downtown Development Association's business plan/strategy encourages the location of additional retail and professional businesses within the Central Business District. The proposed use is not supported by the Comprehensive Plan and its implementation tools. 2. Will the proposed use adversely affect the public infrastructure? The proposed use is located in an area that is fully served by all City utilities. Public infrastructure was designed to serve the intensive demands of commercial activities. 3. Will the proposed use be constructed, maintained and operated to be in harmony with the existing or intended character of the general vicinity? The proposed use will be located in an existing building. No exterior changes will take place. The general character of he surrounding area is retail business and is not characterized by churches or other community service types of land uses. The general character of the area will be altered due to the non-retail nature of the church. 4. Will the location and height of proposed structures and the site design discourage the development of permitted uses on property in the general vicinity or impair the value thereof? The proposal involves utilizing an existing building. The location and height of the building will not change. 5. Will the operations in connection with the proposal be more objectionable to nearby properties by reason of noise, fumes vibrations, dust, traffic, or flashing lights than would be the operation of any permitted uses within the district? Without strict oversight the operation of a church on this property could become a nuisance to adjoining retail businesses. In the past churches located in common wall buildings have created -5- MINUTES REGULAR MEETING PASCO CITY COUNCIL AUGUST 19, 2002 nuisances for adjoining businesses through the creation of excessive noise. The operation of retail and office businesses does not generate objectionable noises. 6. Will the proposed use endanger the public health or safety if located and developed where proposed, or in anyway will become a nuisance to uses permitted in the district? City staff have received complaints about the operation of the church at 411 West Clark. Choir practice and the playing of musical equipment at this church has created a nuisance for the adjoining business. Large functions at the church have also generated complaints due the failure of the church keep the adjoining street, sidewalk and alley free of litter and debris. 7. The Council may add other findings as a result of discussions during the closed record hearing. Mr. Larsen asked if there was any difference between the previous function of the building, as a theater, than the proposed new use as a church where people would enter the building and sit to receive instruction? Mr. McDonald explained that when the building was used as a theater it was for entertainment purposes. Motion to amend carried by the following roll call vote: Yes - Jackson, Strode, Francik, Garrison, No - Crawford, Larsen, Kilbury. Mr. Strode called for the question on the original motion as amended. Original motion as amended to approve the findings of fact for denial of the special permit carried by the following roll call vote: Yes - Jackson, Strode, Francik, Garrison; No - Larsen, Kilbury, Crawford. MOTION: Based on the findings of fact as adopted, Mr. Strode moved to deny the special permit for the Apostolica Church to locate at 517 West Lewis Street. Mr. Jackson seconded the motion. Motion carried by the following roll call vote: Yes - Strode, Francik, Garrison, Jackson; No - Larsen, Kilbury, Crawford. Closed Record Hearing -- Special Permit: Church Expansion at 1800 Road 72 (Faith Assembly Christian_Center) (MF_#02-88-SP): MOTION: Ms. Francik moved to reschedule the closed record hearing under Master File #02-88-SP to the regular Council Meeting of September 16, 2002. Mr. Strode seconded the motion. Motion carried unanimously. MISCELLANEOUS - INCLUDING SUGGESTIONS FROM COUNCIL: Mayor Garrison recessed to an executive session at 8:17 p.m. for approximately 15 minutes to establish sales price or lease amount for real estate. Mayor Garrison reconvened the regular meeting at 8:35 p.m. -6-