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HomeMy WebLinkAbout2003.12.01 Council Minutes MINUTES REGULAR MEETING PASCO CITY COUNCIL DECEMBER 1, 2003 1. CALL TO ORDER The meeting was called to order at 7:00 p.m. by Michael L. Garrison, Mayor. 2. ROLL CALL: Councilmembers present: Charles Kilbury, Michael Garrison, Eileen Crawford, Joe Jackson, Tom Larsen, Carl Strode, and Rebecca Francik. Also present: Gary Crutchfield, City Manager; Leland B. Kerr, City Attorney; Stan Strebel, Administrative & Community Services Director; Richard Smith, Community & Economic Dev. Director; Bob Alberts, Public Works Director; Dave McDonald, City Planner; Van Voorhies, City Engineer; Denis Austin, Police Chief; Greg Garcia, Fire Chief; Elden Buerkle, Management Assistant; and Jim Chase, Financial Services Manager. The meeting was opened with the Pledge of Allegiance. 3. CONSENT AGENDA: (a) Approval of Minutes: 1. Minutes of the Pasco City Council Meeting dated November 17, 2003. (b) Bills and Communications: 1. To approve General Claims in the amount of$1,039,506.93 ($40,415.95 being in the form of Wire Transfer No. 4030 and $999.090.98 consisting of Claim Warrants numbered 139952 through 140184). 2. To approve Payroll Claims in the amount of$1,138,055.46 Voucher Nos. 029633 through 029780; and EFT Deposit Nos. 18063 through 18449. (c) Amendment Number 2 to Stead & Associates Professional Services Agreement for Instrumentation and Control Work: To authorize the Mayor to execute Amendment Number 2 to Stead & Associates Professional Services Agreement for Instrumentation and Control Work. (d) Legislative Services Agreement: To approve the agreement for Professional Services with Smith, Alling and Lane, PS a Tacoma law firm and, further, authorize the City Manager to sign the agreement. Removed from Consent Agenda, and placed as Item 10b. (e) Final Plat: Loviisa Farms, Phase 4 (Aho Construction) (MF #03-143-FP): To approve the final plat for Loviisa Farms,Phase 4. (f) Code Amendment Hearings: Zoning Code Amendments (MF 403-164-CA): To set 7:00 p.m., Monday, December 15, 2003 as the time and date to hold a public hearing to consider amending Title 25 dealing with the definition of transient hotels and motels. (g) Resolution No. 2781, a Resolution authorizing implementation of a vision insurance plan for non-represented employees. To approve Resolution No. 2781, authorizing implementation of a vision insurance plan for non-represented employees. (h) Resolution No. 2782, a Resolution accepting work performed by Ray Poland & Sons, Inc., under contract for Project No. 02-1-14, U.L.I.D. 138. To approve Resolution No. 2782, accepting the work performed by Ray Poland & Sons, Inc., under contract for U.L.I.D. 138, Project No. 02-1-14. 1 MINUTES REGULAR MEETING PASCO CITY COUNCIL DECEMBER 1, 2003 (i) Resolution No. 2783, a Resolution accepting work performed by Allstar, Inc., under contract for Project No. 97-1-04, Navy Base Lift Station. To approve Resolution No. 2783, accepting the work performed by Allstar, Inc., under contract for Navy Base Lift Station, Project No. 97-1-04. MOTION: Ms. Francik moved to approve the Consent Agenda as amended. Mr. Strode seconded. Motion carried by unanimous Roll Call vote. 4. PROCLAMATIONS AND ACKNOWLEDGMENTS: None. 5. VISITORS—OTHER THAN AGENDA ITEMS: None. 6. REPORTS FROM COMMITTEES AND/OR OFFICERS: None. 7. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: (a) 2004 Annual Operating and Capital Improvement Projects Budgets: Mr. Chase, Finance Manager, presented an overview of the 2004 Annual Operating and Capital Improvement Projects Budgets. MAYOR GARRISON DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE 2004 ANNUAL OPERATING AND CAPITAL IMPROVEMENT PROJECTS BUDGETS. Mr. Crutchfield shared the Aging and Long Term Care office has given the City notice it will be moving from the Pasco Senior Center, where it has been a tenant for many years, to Kennewick. This is a concern because of a loss of services to Pasco and Franklin County Seniors and a loss of approximately $30,000 rental income to the Senior Center. Mr. Crutchfield asked the Council to authorize staff to negotiate a reduction in rent with ALTC to keep their services in the City. Mr. Mark Cordery, 307 View Court, Pasco, asked the Council to hire 2-3 more firefighters to provide better coverage. FOLLOWING THREE CALLS FROM MAYOR GARRISON FOR COMMENTS FROM THE FLOOR, THE PUBLIC HEARING WAS DECLARED CLOSED. Ordinance No. 3638, an Ordinance adopting the City of Pasco Operating Budget for the year 2004. MOTION: Ms. Francik moved for the first reading by title only of Ordinance No. 3638, for consideration of the 2004 Annual Operating Budget. Mr. Strode seconded. Motion carried by unanimous voice vote. Ordinance No. 3639, an Ordinance adopting the City of Pasco Capital Projects Budget for the year 2004. MOTION: Ms. Francik moved for the first reading by title only of Ordinance No. 3639, for consideration of the 2004 Capital Projects Budget. Mr. Strode seconded. Motion carried by unanimous voice vote. 2 MINUTES REGULAR MEETING PASCO CITY COUNCIL DECEMBER 1, 2003 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: (a) Ordinance No. 3640, an Ordinance changing the name of a street that was heretofore platted as 32nd Place. MOTION: Ms. Francik moved to adopt Ordinance No. 3640, changing the name of a portion of Road 32 and all of 32"d Place to Autoplex Way and, further, to authorize publication by summary only. Mr. Strode seconded. Motion carried by unanimous voice vote. 9. UNFINISHED BUSINESS: (a) Conduct a Closed Record Hearing—Rezone: RT & C-3 to R-1, R-3 and C-1 for 95 acres located north of"A" Street and east of Cedar Avenue (Sonoran Pacific) (MF#03-52-Z): Mayor Garrison informed the audience and staff that Washington law requires public hearings not only be fair, but appear fair as well. This law prohibits Councilmember communication with the proponent or opponent concerning the subject of the hearing outside of the official hearing. The law also prohibits a Councilmember participating in a hearing or decision in which he or she may have a direct interest which may be either benefited or harmed by the Council's decision. Any objection to any Councilmember hearing this matter must be made at this time or it is waived. Mayor Garrison asked if any Councilmember had anything to declare. Ms. Crawford noted she received a letter from Mr. Post requesting she not support a building moratorium because he had a development in the works. She also attended some Planning Commission meetings but left before any discussion of this issue. Mr. Kilbury stated he had a conversation with Mr. Larsen today, but they did not discuss this matter. Mr. Larsen said he had a conversation with Mr. Al Yenney about the East Pasco Area. Mayor Garrison asked if there are objections on the basis of a conflict of interest or appearance of fairness to any member of the Council hearing this matter from the audience or Councilmembers. There was no response. Mr. Kerr, City Attorney, gave an explanation of how the Closed Record Hearing process works. Mr. McDonald noted this rezone application was heard by the Planning Commission at their October 2003 meeting. After hearing public testimony, reviewing staff reports, and findings of fact,they made a recommendation to City Council to deny the rezone. The applicant has requested Council review the record and establish different findings of fact and grant the rezone. MOTION: The City Council must make findings of fact relating to: consistency with the Comprehensive Plan, effect on surrounding properties, merits to the community, the need for conditions to address adverse impacts and whether or not a concomitant agreement should be required. Mr. Kilbury moved based on the Land Use Training Manual, dated October 1, 2003, by Keating, Bucklin & McCormack, Examples of Arbitrary and Capricious Decision Making 10, "Applying legislative policies, goals, or"visioning" when deciding quasi- judicial applications", the following findings of fact to approve the rezone from RT& C-3 to R-1, R-3 and C-1 for 95 acres located north of"A" Street and east of Cedar Avenue (Sonoran Pacific MF#03-52-Z). 3 MINUTES REGULAR MEETING PASCO CITY COUNCIL DECEMBER 1, 2003 Whereas, based upon substantial evidence and demonstration of the Petitioner,that: 1. The requested change for the zoning classification is consistent with the adopted Comprehensive Plan, Land Use Map; LU-2-C makes appropriate provision for the recreation needs of the residents; LU-2-1) requires multi-family developments to use and maintain live green landscaping materials in planting strips, setbacks and other open areas; LU-3-G encourages attractively designed small neighborhood scale commercial hubs, LU-3-H, places higher density development near major streets, H-2-A allows for a full range of residential environments; H-4-11 provides recreational and aesthetic amenities with in the development; OF-1-A provides the financial opportunity to extend public water and service throughout the urban growth boundary; ECON-2-B encourages development of a wide range of commercial uses, strategically located to support local regional needs; ECON-3 uses design techniques to help commercial facilities be good neighbors. 2. The requested change in the zoning classification is consistent with or promotes the goals and objectives of the comprehensive plan serving the public interest in the community. 3. Is supported by over 23 local businesses and developers including and not limited to Bob Tippett, Charles Grigg, George Dress, Matthew Ayers. 4. In that the City of Pasco is embarking upon revitalization of the downtown housing stock, this proposal will provide the necessary affordable apartments which have not been built in Pasco in over 20 years, and entry level homes required to pursue this goal. 5. The request for change in zoning classification is categorically exempt under Washington State Environmental Policy Act. 6. In that the application date is March 19, 2003, the City of Pasco is remiss in complying with RCW 36.70A.020(7)the 120 day rule for processing permits. Ms. Crawford seconded. Mayor Garrison asked for clarification on the 120 day rule. Mr. Smith responded that the applicant voluntarily waived the 120 days. Ms. Francik is concerned about the existing businesses being able to continue and the negative environmental impacts on a residential area next to an industrial area. She believes the Planning Commission's recommendation should be supported. Ms. Crawford noted that existing business owners are in favor of the project. Mr. Jackson noted that it is impossible to 100% satisfy all parties concerned. He will support the rezone. Mr. Larsen stated those purchasing a home in this area will be aware of the environmental impacts and he will vote for the rezone. Mr. Kilbury pointed out that 23 area business owners are in support of the rezone. Ms. Francik believes in having a long-term vision in planning an industrial area to increase and diversify the economic base of the City. We should not vote on what looks attractive for the moment, but look at where we are going to be in 10 or 20 years, and consider what will best serve this community. She will not support a rezone. 4 MINUTES REGULAR MEETING PASCO CITY COUNCIL DECEMBER 1, 2003 Ms. Strode concurred with Ms. Francik's remarks on long-term vision. He noted that the long-term goals of the comprehensive plan specifically say to avoid and not to approve developments that will put residential and commercial uses side by side. He will not support the motion. Ms. Crawford believes there is an adequate buffer zone between the residential and commercial areas. She believes the residential and local commercial hub need to be in place first to support the planned industrial center. MOTION: Ms. Crawford called for the question. Mr. Kilbury seconded. Motion carried by the following Roll Call vote: Yes — Crawford, Jackson, Larsen, Kilbury. No—Garrison, Strode, Francik. Original motion carried by the following Roll Call vote: Yes — Crawford, Jackson, Larsen, Kilbury. No—Garrison, Strode, Francik. MOTION: Based on the findings of fact as adopted, I move to approve Ordinance No. 3641, rezoning the property as requested by Sonoran Pacific. Mr. Jackson seconded. Motion carried by the following voice vote: Yes — Crawford, Jackson, Larsen, Kilbury.No— Strode, Francik, Garrison. (b) Conduct a Closed Record Hearing — Preliminary Plat: Terra Vita, 250-Lots north of "A" Street and east of Cedar Avenue (Sonoran Pacific) (MF #03-53- PP): Mr. Crutchfield noted that since the rezone was approved, staff recommends the plat be remanded to the Planning Commission with the direction to review it and forward a recommendation to the City Council at their next meeting. A review was not previously completed because the original rezone was denied by the Planning Commission. MOTION: Ms. Francik moved that we remand the Terra Vita plat back to the Planning Commission for development of alternate findings of fact, keeping in mind all of the conditions they mentioned in their original proposal and make sure those are mitigated as best as possible. Mr. Strode seconded. Motion carried by the following voice vote: Yes — Larsen, Strode, Francik, Garrison, Crawford, Jackson. No — Kilbury. 10. NEW BUSINESS: (a) Special Permit: Location of a Church at the corner of Road 100 and Argent Road (Desert Springs Covenant Church) (MF #03-152-SP): Ms. Crawford stated she is a former member of Desert Springs Covenant Church and wished to recuse herself from this matter. MOTION: Ms. Francik moved to approve the special permit for the Desert Spring Covenant Church at the northeast corner of Road 100 and Argent Road, as recommended by the Planning Commission. Mr. Strode seconded. Motion carried by the following Roll Call vote: Yes — Jackson, Larsen, Kilbury, Strode, Francik, Garrison. Abstention—Crawford. (b) Legislative Services Agreement: MOTION: Mr. Strode moved to approve the agreement for professional services with Smith, Alling and Lane, PS, a Tacoma law firm and, further, authorize the City Manager to sign the agreement. Ms. Francik seconded. Councilmembers discussed the need for the proposed services. 5 MINUTES REGULAR MEETING PASCO CITY COUNCIL DECEMBER 1, 2003 MOTION: Ms. Francik called for the question. Mr. Strode seconded. Motion carried by the following voice vote: Yes — Kilbury, Strode, Francik, Garrison, Crawford, Jackson.No—Larsen. Original motion carried by the following voice vote: Yes -- Kilbury, Strode, Francik, Garrison, Crawford, Jackson. No—Larsen. 11. MISCELLANEOUS DISCUSSION: None. 12. EXECUTIVE SESSION: (a) The Council adjourned to Executive Session at 8:20 p.m. to discuss potential litigation with legal counsel. 13. ADJOURNMENT. There being no further business, the meeting was adjourned at 8:35 p.m. APPROVED: ATTEST: Michael L. Garr' on, Mayor Webster U. Jackson, Ci Clerk PASSED and APPROVED this 220' day of December, 2003. 6