HomeMy WebLinkAbout2002.09.16 Council Minutes MINUTES
REGULAR MEETING PASCO CITY COUNCIL SEPTEMBER 16, 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, Richard Smith, Community &
Economic Dev. Director; and Van Voorhies, City Engineer.
PLEDGE OF ALLEGIANCE:
The meeting was opened with the Pledge of Allegiance.
CONSENT AGENDA:
MOTION: Ms. Francik moved to approve the Consent Agenda. Mr.
Strode seconded the motion.
Ms. Crawford requested that item 3(a) Approval of Minutes be removed
from the consent agenda.
Mayor Garrison removed item 3(a) from the Consent Agenda and placed
it under New Business as item 10(c).
Motion carried by the following roll call vote: Yes - Francik, Garrison,
Crawford, Jackson, Kilbury, Strode; No - Larsen. Consent items are as
follows:
A) Approval of Minutes: To approve minutes of the Regular Meeting
dated September 3, 2002. (Item removed and placed under Item
10(c).)
B) Bills and Communications: To approve General Claims in the
amount of $776,760-50 ($16,285.28 being in the form of Wire
Transfer No. 3828; and $760,475.22 consisting of Claim Warrants
numbered 132845 through 133036).
Bad Debt Write-offs: To approve bad debt write-offs for utility
billing, ambulance, miscellaneous, cemetery, code enforcement
and Municipal Court non-criminal, criminal and parking accounts
receivable in the total amount of$112,247.14 and, of that amount,
authorize $109,953.00 be turned over for collection.
C) Postponement of September 23 Workshop: To postpone the
September 23 Workshop meeting until Monday, September 30,
2002.
D) 2003 Interlocal Agreement for Emergency Dispatch Services: To
approve the 2003 Interlocal Agreement with Franklin County for
Emergency Dispatch Services and, further, to authorize the Mayor
to sign the agreement.
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REGULAR MEETING PASCO CITY COUNCIL SEPTEMBER 16, 2002
E) Agreement with the PDDA for Operation of the Downtown
Commercial Kitchen Business Incubator: To approve the
agreement with the Pasco Downtown Development Association for
operation of the Downtown Commercial Kitchen Business
Incubator and, further, authorize the City Manager to sign the
agreement.
F) Title 5 Regulations Affecting Religious Institutions: To direct the
City Manager to draft a new licensing requirement for non-profit
organizations in lieu of the current business license requirement
in PMC Chapter 5.04 and to clarify the exclusion of religious and
political solicitors from the licensing requirements of PMC
Chapters 5.08 and 5.09.
G) Resolution No. 2694: To approve Resolution No. 2694, authorizing
the sale of personal property surplus to city needs.
H) Resolution No. 2695: To approve Resolution No. 2695, amending
the TRAC Hotel Purchase and Sale Agreement with A-1 Hospitality
and, further, to authorize the City Manager to do all other things
necessary to complete the sale.
PROCLAMATIONS AND ACKNOWLEDGMENTS:
None.
VISITORS:
Mr. Al Akerson, 3226 W. Sylvester St., presented a petition showing the
public's concern regarding the need to amend Title 5.
REPORTS FROM COMMITTEES AND/OR OFFICERS:
None.
PUBLIC HEARINGS:
None.
ORDINANCES/RESOLUTIONS NOT RELATED TO PUBLIC HEARINGS:
RESOLUTION NO. 2696
A RESOLUTION SUPPORTING STATE REFERENDUM
51, FINANCING TRANSPORTATION IMPROVEMENTS
THROUGH INCREASED TRANSPORTATION TAXES AND
FEES.
MOTION: Ms. Francik moved to approve Resolution No. 2696,
supporting State Referendum 51, financing transportation improvements
through increased transportation taxes and fees. Ms. Crawford
seconded the motion. Motion carried (No - Strode, Larsen).
RESOLUTION NO. 2697
A RESOLUTION APPROVING THE CY 2003
COMMUNITY DEVELOPMENT BLOCK GRANT
ALLOCATIONS AND ANNUAL WORK PLAN.
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REGULAR MEETING PASCO CITY COUNCIL SEPTEMBER 16, 2002
MOTION: Ms. Francik moved to approve Resolution No. 2697, for the
City's 2003 CDBG Allocation Plan. Mr. Strode seconded the motion.
Ms. Crawford expressed concern over the lack of funding for the
Community Action Council and explained that the requested funds
would have been matching funds to be used for the rehabilitation of 21
homes of very low-income citizens in Pasco. Ms. Crawford stated she
would like to see Council and staff allocate funds for the CAC to help
them get the matching funds.
Mr. Crutchfield explained that the CAC program is a home energy
weatherization program, not a home rehabilitation program, and they do
have funds from other sources.
Ms. Crawford explained that staff at CAC were looking for funding to
rehabilitate a home in Pasco that has a termite problem. Ms. Crawford
stated she was told by CAC staff that they did not receive notification of
the hearing held by the Planning Commission and, therefore, didn't get
to appear before the Commission regarding their request for funds.
Mr. Hughes explained that he had been notified about the home with the
termite problem and was told by CAC staff that rehabilitation of that
home was not within the scope of their work and CAC had requested if
the City had another subrecipient that might be able to take care of that
situation. Mr. Hughes stated that he notified Catholic Family Services
who stated they would look into the problem. Mr. Hughes also explained
that notice of the Planning Commission meeting was published in the
Tri-City Herald and he personally called all of the subrecipients to notify
them of the time and place of the hearing; CAC was the only organization
which did not attend the hearing.
Motion carried (No - Crawford, Larsen).
ORDINANCE NO. 3563
AN ORDINANCE CONCERNING THE PASCO PUBLIC
FACILITIES DISTRICT AND AMENDING ORDINANCE NO.
3558.
MOTION: Ms. Francik moved to adopt Ordinance No. 3563, concerning
the Pasco Public Facilities District and amending Ordinance No. 3558.
Mr. Strode seconded the motion with the understanding that the
ordinance be published by summary only. Motion carried unanimously.
UNFINISHED BUSINESS:
None.
NEW BUSINESS:
Closed Record Hearing - Special Permit: Church Expansion at 1800 Rd.
72 (Faith Assembly Christian Center) (MF #02-88-SP): Mr. McDonald
explained that on July 25, 2002 the Planning Commission conducted a
public hearing to determine whether or not to recommend a special
permit for the expansion of the Faith Assembly Christian Center at 1800
Road 72. Following conduct of an open record predecision hearing,
several adjoining property owners filed a written appeal of the Planning
Commission's recommendation asking that the Council deny the special
permit and require the applicant to meet with the neighbors to
incorporate additional mitigation measures prior to re-applying for a
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REGULAR MEETING PASCO CITY COUNCIL SEPTEMBER 16, 2002
special permit. The appellants based their appeal on the belief that the
Planning Commission did not fully consider the impacts of the aggressive
expansion of the church; did not consider or incorporate mitigation
proposals brought forward by the neighbors; did not incorporate the
recommendation that the applicant meet with the neighbors to develop
alternative mitigation measures; did not consider or incorporate
neighbor recommendations to reduce the size and scope of the
aggressive expansion; and erred in its application of the Pasco Municipal
Code Section 25.22.010 since the enumerated impacts of this large
expansion would be very detrimental to the intended suburban
residential environment.
Ms. Crawford asked the attorney what Council's position should be
regarding the additional documentation presented?
Mr. Kerr explained that the nature of the additional information is that it
is the result of meetings held between the applicant and the appellants
so, to a certain degree, neither are in a position to object to the
introduction of that evidence. The regulatory reform ordinance, put
together several years ago, allows the Council to open the public hearing
on a limited basis to receive additional information or evidence in
regards to very specific aspects. Since new information comes from both
the applicant and the appellants Council could allow its introduction to
those very specific issues.
Mr. McDonald stated for the record that both the applicant and the
appellants had received copies of the new information as well as the
Council packet information.
Mayor Garrison invited a spokesperson for either side to speak to the
additional information, not to exceed 5 minutes each.
Mr. Roger Link, 1817 N. Road 76, addressed Council as the appellant
and stated there are other concerns that are not addressed in the
conditions proposed by staff, i.e., the expansion for the gymnasium and
the educational wing. Those plans are sketchy for upwards of 30,000
additional square feet and aren't laid out in the request for the special
permit. There are significant concerns about traffic mitigation. Since
the original public hearing, neighbors have discovered that the SEPA
check list filed by the applicant does not necessarily enumerate all the
issues that need to be resolved including local wildlife and surface water
issues.
Mr. Bob Tippett, of 2716 Road 64, spoke as a representative of Faith
Assembly Christian Center and stated that the proposed expansion of a
gymnasium and an educational wing were included to . inform the
Council of their intent for the use and development of their property. It
is their intent to move any buildings back toward the present facility, at
least 200 feet from the western property boundary and to limit the size of
both buildings. Mr. Tippett explained that the buildings have been
designed to tie in with the existing facility architecturally. The additional
facilities will be needed for the expanded congregation. In regards to
traffic, it was felt that by spreading out the service times on Sunday it
would mitigate any traffic congestion. The SEPA check list spoke to the
concern over dumping water into drywells. After looking everything over,
as well as considering the neighbors suggestions, the Center has gone
back to the engineers for a redesign to include grassy swales or similar
features to deal with run off water.
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REGULAR MEETING PASCO CITY COUNCIL SEPTEMBER 16, 2002
Councilmembers questioned staff to clarify their understanding of the
recommended conditions as well as the nature and extent of impacts
presented by the proposed development.
MOTION: Based on the findings of fact as adopted Ms. Francik moved to
approve the special permit for the Faith Assembly Christian Center to
expand a church at 1800 Road 72 with conditions as contained in
attachment "F". Mr. Strode seconded the motion. Motion carried
unanimously.
4"' Avenue and Court Street Si nal Modification Project No. 01-4-01:
MOTION: Ms. Francik moved to award the contract for the 4' Avenue
and Court Street Signal Modification, Project No. 01-4-01, to Sierra
Electric, Inc., in the amount of$19,880.00 and, further, to authorize the
Mayor to sign the contract documents. Mr. Strode seconded the motion.
Motion carried by unanimous roll call vote.
Minutes of September 3. 2002 (previously item 3(a):
Ms. Crawford expressed concern that comments she made and questions
she asked regarding two items on the September Td agenda were not
included in the minutes. In particular, she noted she had asked about
the Gordon Brother's Winery possibly causing noise violations.
Mr. Crutchfield explained his response at the September 3" meeting had
clarified that the noise ordinance applies to the winery, like any other
business. He noted that minutes are a summary of the meeting, not a
transcript. That staff needs to have a reliable expectation of what is to be
expected in the minutes and that unless the comments or questions have
a bearing on the decision made by Council, he questioned the value of
including individual statements in the minutes.
Ms. Crawford felt her comments regarding water conservation being part
of the Rivershore Enhancement Project should be included in the
minutes.
Mr. Strode felt that if the minutes just addressed what items were
discussed, and what actions were taken on those items, they would serve
as an index to the tapes of the meetings kept by staff for 3 years. Mr.
Strode also felt that keeping the tapes would allow anyone who had a
concern about any action taken by Council in the past, to research the
item in the minutes and listen to the tape to find out what was said
during discussion of that item.
Ms. Francik could not support publishing all comments made during
discussion of agenda items and felt she could rely on brief summaries
since there are tapes of the meetings. Ms. Francik felt it would be
redundant to amend the September 3`d minutes discussion about the
special permit for the Gordon Brothers Winery to include Ms. Crawford's
reference to the noise ordinance since they would automatically be
required to comply with it. Ms. Francik also felt that since Ms. Crawford
has consistently talked about water conservation, her concern should be
noted by including the words "and water conservation" after her
comments on page 5, paragraph 3 under the discussion of the agreement
with HDR for the Rivershore Enhancement Project.
MOTION: Mr. Strode moved to direct staff to describe only the item
discussed and action taken in future minutes. Mr. Jackson seconded
the motion.
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REGULAR MEETING PASCO CITY COUNCIL SEPTEMBER 16, 2002
Councilmembers exchanged statements regarding the effect of the
proposed action.
Motion failed (Yes - Strode, Jackson, Garrison; No - Francik, Crawford,
Larsen, Kilbury).
MOTION: Ms. Francik moved to continue to record the minutes as has
been done in the past and to add Ms. Crawford's amendment to the
minutes of September 3, 2002 on page 5, paragraph 3 under the
discussion of the agreement with HDR for the Rivershore Enhancement
Project by adding "and water conservation" at the end of the sentence.
Mr. Kilbury seconded the motion. Motion carried (No - Larsen).
MOTION: Ms. Francik moved to approve the minutes of September 3,
2002 as amended. Ms. Crawford seconded the motion. Motion carried
(No -- Larsen).
MISCELLANEOUS - INCLUDING SUGGESTIONS FROM COUNCIL:
Executive Session: Mayor Garrison recessed to an executive session at
8:00 p.m. for approximately 30 minutes to consider the acquisition of
real estate and discuss potential litigation with legal counsel.
Mayor Garrison reconvened the regular meeting at 8:35 P.M.
ADJOURNMENT:
No further business, the meeting was adjourned at 8:36 P.M.
APPROVED: ATTEST:
Michael L. a son, Mayor Catherine D. Seaman, Deputy City Clerk
PASSED and APPROVED this 7"' day of October, 2002.
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