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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. 4- MINUTES 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. -2- MINUTES 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 -3- MINUTES 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. -4- MINUTES 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. -5- MINUTES 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. -6-