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HomeMy WebLinkAbout06-21-1982 MinutesMINUTES PASCO CITY COUNCIL REGULAR MEETING CALL TO ORDER Meeting called to order at 8 00 P M by Mayor, E A Snider ROLL CALL JUNE 21, 1982 By City Clerk Councilmen present were Susan Boothe, Beverly Green, Charles Grigg , Ira Schmidt, E A Snider, Joe Jackson and Emerson Morgan Also present were Lee Kraft, City Manager, Greg Rubstello, City Attorney, Diane Dolan, Finance Director, James Ajax, City Engineer, Webster Jackson, Purchasing/Personnel Supervisor, Gary Crutchfield, Director of Community Development and Ken Neilsen, Data Processing Supervisor CONSENT AGENDA Mrs Green moved to approve Consent Agenda Seconded by Mrs Boothe Motion carried by roll call vote of seven (7) Consent items are as follows a) Approval of Minutes To approve minutes of regular and special meetings, held June 7th and 14th respectively b) Bills To approve General Claims in the amount of $278,336 86, claim warrant nos 31260 through 31402 To approve the utility billing bad debt write offs ($21,962 34) and turn over to the collection agency c) Appointment of Council Representative to the Tri Cities Visitor & Convention Bureau Board of Directors To appoint Councilman Charles Grigg to a term of office on the Tri Cities Visitor & Convention Bureau Board of Directors for the year beginning July 1, 1982, to June 30, 111 1983, and to appoint Councilman Beverly Green as the alternate member to this Board d) Sign Ordinance Complaint To direct the Planning Commission to review the provisions of Title 17 (Sign Code) relating to temporary/ portable signs and to recommend to the Council, any appropriate amendments by September 1, 1982 e) Resolution No 1513 To approve Resolution No 1513, accepting a utility easement from the Eucon Corporation f) Resolution No 1514 To approve Resolution No 1514, entering into an Agreement with Benton-Franklin Transit Authority for Computer Timesharing VISITORS There were no visitors wishing to address the Council at this time REPORTS FROM OFFICERS Benton-Franklin Council on Aging Councilman Emerson Morgan reported that their meeting had been very short and there would be no meeting in July An executive board meeting was held at the conclusion of regular meeting, and since Mr Morgan is not a member of the Executive Board, he did not attend this session. Good Roads Association Due to illness, Mayor Snider was unable to attend this meeting I .. Benton-Franklin Transit Authority Councilman Ira Schmidt reported that the Transit Authority had received their radio license Further, discussion had been held on merits of leasing future busses instead of purchasing The next meeting will be held on June 23, 1982, at Pasco Senior Citizen Center Benton-Franklin Alcoholism Administrative Board. Councilperson Susan Boothe was unable to attend this meeting, however, Harold Mathews, Franklin County Commissioner, reported that many changes are taking place in dealing with this problem Primarily, the trend is going from medical to social assistance, trying to assist the offender with recognizing his/her problem and learning to help themselves MAYOR SNIDER DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE PLANNING COMMISSION'S REPORT AND RECOMMENDATION TO ENACT A DEFINITION OF "COMMUNITY SERVICES", AND TO SPECIFY THAT SUCH ACTIVITIES ARE AN "UNCLASSIFIED USE" REQUIRING A SPECIAL PERMIT III PUBLIC HEARING Page Two MINUTES PASCO CITY COUNCIL REGULAR MEETING JUNE 21, 1982 REPORTS FROM OFFICERS - Continued Benton-Franklin Govt Conference Mr Jackson (alternate) stated he attended meeting of Benton-Franklin Governmental Conference on June 21, 1982 The Tr- City Airport Regional System Plan was discussed The Board reviewed final draft and approved one modification concerning the Kennewick Airport I I It was noted that the Hearing had been duly published and adjacent property owners notified of said public hearing Mr Gary Crutchfield reported that"social service facilities is an umbrella classification under which a broad variety of types of specific and mixed uses may be categorized An example of this variety is as follows YMCA/YWCA, Shelter for Battered Women, Planned Parenthood, nursing home, day care center, Half-Way House, orphanage, alcoholism treatment center, mental health clinic, rescue mission, Salvation Army, Welfare Center, work release home and juvenile delinquent homes Some of these types of uses already exist within the City of Pasco Most of these types of uses are not easy to classify That is to say, they do not clearly fit into the existing Pasco scheme of zoning They are not entirely residential, or office, or commercial, or industrial uses This makes them somehow "different", although it is the zone in which they wish to locate and actual activities to be conducted which will determine the degree of difference Historically, different uses were accommodated with the conditional use designation If their various activities essentially function as activities would from permitted uses, they are presently considered to be permitted uses, even though the resulting effects may be quite different, or by its location, may be detrimental to the commercial development or continued viability of adjacent commercial properties Staff findsothe simplest, yet most comprehensive means to resolve the issue would be to use the basic definition of Community Service Facilities rather than social service facilities This would appear to be a broader, more comprehensive terminology. Apart from social service facilities, this term would include governmental and Quasi-governmental activities, since sponsorship by local, state or federal government is not a valid reason to be excluded In terms of regulations, the simplest procedure would be to designate community service facilities as unclassified uses, which could locate in any zone subject to a Special permit Any such use limited to internal organizational or administrative office functions would be permitted uses in the office and commercial zones " Mr Crutchfield pointed out that Salvation Army and Tri City Union Gospel Mission would not be affected by proposed Ordinance in their present state, however, should they decide to expand or relocate, they would come under review process for special use permit He, then, acknowledged two petitions, bearing signatures of approximately nineteen (19) businesses, asking council's assistance in preventing further decay or blight in downtown business area Mrs Beverly Green asked, "if something happened to their building such as fire, can they rebuild it?" Staff replied if less than 50% is destroyed, they can reconstruct More than 50% destroyed requires appearance before City Council for special permit In other words, where they are, as they are applies to present situation Mr Don Thayer, Administrator of Tri City Union ,Gospel Mission, thanked the City for their cooperation and reminded them that there are some people who cannot survive in the mainstream of life Further, he felt an obligation to care for the needs of all citizens and could not see that they were a detriment to economy or business district He reiterated the Mission operated a controlled environment and proposed Ordinance would be a detriment to the ministry Page Three MINUTES PASCO CITY COUNCIL REGULAR MEETING JUNE 21, 1982 PUBLIC HEARING - Continued Dr Alvarez, Salvation Army Board Member; disagreed with some aspects of background information prepared by the Planning Commission He felt there was a need for churches, etc because local governments should desire to meet the need at point of need. He emphasized that no one began life as a bum, but circumstances can alter anyone's life at some point in time He expressed concern at vagueness of proposed Ordinance and definitely opposed Special Use Permit for every change a social agency may want to incorporate Mr Bane Blankenship, realtor, stated "if you burn, rebuild, if you want to expand, expand - therefore, he favored leaving things as they presently are " Mr Floyd Gosselin stated that before the Mission, transients rang doorbells asking for handouts Now, there was a place for them to go and he observed them to be well behaved He, too, favored leaving the zoning as is Mr Ronald Craig, resident of Tri City Mission, expressed appreciation for help received and counseling assistance to change his life around He told the Council they would have to know what it's like to truly appreciate what the Mission does for its tenants Mr Eldon Jacobson stated, "don't hassle them - this is just another layer of government " Lt Charles Conley asked who would serve the peoples needs hen these new agency's funding runs out five years down the road? Further, how technical are you going to get? Does this include Day Care Centers, Churches, etc who meet in homes? Ms Muriel Tingley, elaborated on "group home" theory by stating that people object to people different than they are living in their neighborhoods She was referring, primarily, to mentally disabled persons, drug abuse cases and stated she felt 111 this was a violation of their civil rights Mayor Snider responded by stating that property owners had invested a good number of dollars on their homes and they should have a right to say what goes in their neighborhoods That is the purpose of public hearings so that all concerned have a voice in the matter Mr Bob Young, owner of Youngs Department Store, favored relocating social agencies because their needs could be served just as well six blocks away He felt they should move to an area more conducive so that the 3-R area can be improved, thus updating the appearance of downtown area Mr Henry Kidwell asked if people stayed overnight at these facilities Possibly, restrictions should be limited to places where people stay overnight Mrs Liz Thayer, co-director of Pasco Mission, stated the work was never done She called attention to the fact that in Spokane, the Mission is directly across the street from new Sheraton Hotel and it hasn't hurt one bit Further, alcohol seemed to be a worse detriment to society, as evidenced by growing number of people who frequent liquor stores Mr Verl Steffin, local pastor, felt it was unfair to ask the Mission to relocate to satisfy the merchants Again, staff mlied that they were not being asked to move As long as they stayed where theyhat they are, they could continue operation Mr. Gaylond Irby, representing Baptist Ministry, did not think City Council's should have the right to say where churches could be built He favored controls covering safe construction of buildings, but not location He, definitely, felt churches should not come under proposed Ordinance due to restrictions, and urged the Council not to pass Ordinance in its present form Mr Ron McGovern, employee of Tri Cities Union Gospel Mission, stated this organization tended to the needs of all people and asked the Council if they ever considered the high cost of relocating? Mr Ken Simmons asked for clarification of hearing process Mr Crutchfield explained laws pertaining to hearings, and in conclusion, the Council weighed input from citizens against facts to impartially come up with a fair decision Page Four MINUTES PASCO CITY COUNCIL REGULAR MEETING JUNE 21, 1982 PUBLIC HEARING - Continued Mr Dave Primus, owner of Primus Shoes, commended work of Salvation Army and , Gospel Mission but favored passage of proposed Ordinance on the basis we needed a guideline to follow in order to alleviate or control blight in business sections of town Mr Jack Gaines praised work of social agencies for turning his life around and urged the Council not to restrict work they were doing Ms Maxine Hadley stated, "the answer to failing business is prayer " Mr. Gary Crutchfield reiterated that the proposed Ordinance merely provides a mechanism for conflicting interests and control Councilman Grigg stated that the City of Pasco had done more for social agencies than any of their sister cities It was a fact that the clientele generated by these agencies did affect the downtown business community and we should all work together to build a better facility in a more suitable location Therefore, he favored passage of proposed Ordinance Councilman Emerson Morgan opposed proposed Ordinance as he felt any agency would be glad to move to a new facility, but it isn't going to happen Further, he felt it put people on a 10 - 20 year spot and he didn-'t favor the restriction placed on them Following three (3) calls from Mayor Snider for further comments from the floor, either for or against, the Public Hearing was declared closed ORDINANCE NO 2366 AN ORDINANCE RELATING TO ZONING BY ENACTING A DEFINITION OF COMMUNITY SERVICE FACILITIES AND DESIGNATING SUCH FACILITIES AS UNCLASSIFIED USES Ordinance No 2366 was read by title only Mr Grigg moved to adopt Ordinance No. 2366, enacting a definition of "Community Service Facilities" and to specify that such activities are an "Unclassified Use" requiring a special permit Seconded by Mr Jackson Motion carried by the following roll call vote YES Grigg, Schmidt, Snider and Jackson NO Morgan, Boothe, Green Mr. Grigg moved to approve the summary publication of Ordinance No 2366 Seconded by Mr Schmidt Motion carried by the following roll call vote YES Boothe, Grigg, Schmidt, Snider, Jackson and Morgan NO Green RECESS 9 40 P M RECONVENED 9 45 P M MAYOR SNIDER DECLARED THE PUBLIC HEARING OPEN TO RECONSIDER ORDINANCE ON REZONE REQUEST OF BURKE REALTY FROM C-1 (Office Only) to C-1 (Retail Business) It was noted that the hearing had been duly published and adjacent property owners notified of hearing Mr Gary Crutchfield acknowledged petition from surrounding property owners, protesting zone change There were two (2) property owners, namely, a 4-plex immediately west and a day care nursery across the street to the north who had no objection to zone change Mr Tom Groff, 3636 W Ruby, misunderstood original notice of public hearing and its effect on neighborhood, therefore, when he received second -notice of hearing by the City Council, he became concerned about traffic and safety in their area so he circulated petition in protest Mr. Henry Kidwell, petitioner, favored the rezone on the basis that there would be a 24-hour business advantage and his customers should have no reason to drive through the residential community Mr Gary Crutchfield stated, where possible, an "office zoning" provides a good buffer between residential and commercial properties OM. ADJOURNMENT Meeting adjourned at 10 25 P M ATTEST ER, Evelyn Wells, City Clerk Passed and Approved this day of , 1982 Page Five MINUTES , PASCO CITY COUNCIL REGULAR MEETING JUNE 21, 1982 PUBLIC HEARING - Continued Mr Scott Collin, 3632 W Ruby, objected to zone change because he enjoyed their quiet neighborhood and wanted to keep it that way Mr. Charles McChancey favored keeping area a quiet neighborhood Mrs Carman Groff, 3636 W. Ruby, expressed concern that it would become a thoroughfare and disrupt the family unity Councilman Joe Jackson verbally stated he favored leaving the zoning, as is Following three (3) calls from Mayor Snider for further comments from the floor, either for or against, the public hearing was declared closed ORDINANCE NO 2364 (Reconsidered) Burke Realty AN ORDINANCE RELATING TO ZONING AND CHANGING THE ZONE CLASSIFICATION OF CERTAIN REAL PROPERTY WITHIN THE CITY OF PASCO FROM C-1 (WITH CONCOMITANT AGREEMENT) TO C-1 (RETAIL BUSINESS) Ordinance No 2364 was read by title only. Mr Schmidt moved to adopt Ordinance No 2364, granting the Burke Rezone from C-1 (Office) to C-1 (Retail) Seconded by Mrs Boothe Motion FAILED by the following roll call vote YES Green, Schmidt, Snider NO Boothe, Jackson and Morgan ABSTAIN Grigg (appearance of fairness) ORDINANCE NO 2367 AN ORDINANCE RELATING TO FIRE PREVENTION AND THE MANUFACTURE, IMPORT, POSSESSION, SALE, AND DISPLAY OF FIREWORKS IN THE CITY OF PASCO AND AMENDING CHAPTER 18 04 OF THE PASCO MUNICIPAL CODE BY THE AMENDMENT OF SECTIONS 020 and 110 THEREOF Ordinance No 2367 was read by title only Mrs Boothe moved to adopt Ordinance No 2367, amending the 1979 Uniform Fire Code by adopting the new Washington Fireworks Law Seconded by Mr Schmidt Motion carried by roll call vote of six (6) Mr , Grigg abstained due to conflict of interest RESOLUTION NO 1515 A RESOLUTION ACCEPTING THE PROPOSED GARBAGE COLLECTION CONTRACT WITH BASIN DISPOSAL, INC. AND AUTHORIZING THE MAYOR TO SIGN THE SAME Resolution No 1515 was read by title only Mr Schmidt moved to approve Resolution No 1515, accepting the proposed garbage contract with Basin Disposal, Inc and authorizing the Mayor to sign the same Seconded by Mr Jackson Motion carried by roll call vote of seven (7) UNFINISHED BUSINESS SECOND PRESSURE ZONE - TRANSMISSION/INTERTIE CITY PROJECT NO 81-2-08 LEASE/PERMIT FROM BURLINGTON NORTHERN RAILROAD Mr Grigg moved to authorize the Mayor to sign Lease/Permit No 241,114 with Burlington Northern Railroad Let the record show that this action is a prerequisite required by Burlington Northern for the placement of a water line under the railroad tracks in the vicinity of Maitland Avenue and "D" Street projected Seconded by Mrs Boothe Motion carried by roll call vote of seven (7) WAIVER OF OUTSIDE UTILITY AGREEMENT FOR BN INDUSTRIAL PARK Mr Grigg moved to find that the proposed water main extension, northerly from Hillsboro Street to the north half of Section 7, if funded by EDA, will be of substantial benefit to adjacent properties presently in the City, will avoid the future potential problems associated with wells, and said mair will constitute an integral part of a future loop water main around the north end of the City and, therefore, the City Council hereby waives the requirement for outside utility agreement for the 70-acre BN Industrial Park Seconded by Mrs Boothe Motion carried by roll call vote of seven (7)