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HomeMy WebLinkAbout10-20-1986 MinutesMINUTES PASCO CITY COUNCIL REGULAR MEETING CALL TO ORDER Meeting called to order at 8 10 P M. by Joe W Jackson, Mayor. ROLL CALL OCTOBER 20, 1986 By City Clerk. Councilmen present were Susan Boothe, Ed Hendler, Beverly Green, Lee Kraft, Joe Jackson, E.A Snider and Emerson Morgan Also present were Gary Crutchfield, City Manager, Greg Rubstello, City Attorney, and David McDonald, Director of Community Development. CONSENT AGENDA Mrs. Boothe moved to approve Consent Agenda. Seconded by Mr Kraft. Motion carried Consent items are as follows a) Approval of Minutes. To approve minutes of regular and special meetings, held October 6th and 13, 1986, respectively. b) Bills To approve General Claims in the amount of $517,191.68, Claim Warrant Nos 52049 through 52183 c) Resolution No 1758 A Resolution accepting the work by Transtate Paving, Inc., under contract for Project No 86-3-05 (Oregon Avenue and Hillsboro - Structural Improvement and Widening) VISITORS Mr John Boland, 2009 Meadows Drive, Richland, Washington, representing Citizens For Benton-Franklin County No. 1, requested the Pasco City Council's endorsement of Proposition No. 1 to counter-act political negativism, biased journalism and inaccurate statements made by our area. He showed a sign stating "Fight Hanford" and reiterated these were appearing all over the west coast. If we wanted to preserve what we have had for the past 40 years, it was time to stand up and be counted. Mr. Boland stated that Proposition No. 1 merely asks, "Should the Hanford site be the subject of further scientific study by the Department of Energy to determine whether it is safe and technically suitable as a high level Nuclear Waste Repository?" He was confident that we had 16,000 responsible people working on the site who were as concerned as anyone when it came to safety and environmental health conditions. Councilman Snider was appalled by King County's attitude as well as political pressures being applied in opposition However, he was not comfortable with the information he had received and was reluctant to ask his constituents to vote "yes" on an issue he had reservations about. Councilman Morgan supported Mr Snider's logic and stated that the issue will be on the November ballot, therefore, the people can vote as they wish. Councilman Hendler favored endorsement of Proposition No 1 because he was a firm believer in nuclear energy, the Tr-City area and our free enterprise system. He did not see this endorsement as a conflict with Resolution No. 1745. Therefore, as an elected official of the people, he was going to recommend that they vote yes on Proposition No. 1. Franklin County Commissioner, Ken Miller, was recognized and asked if they were going to endorse this proposition. He admitted he was waiting to see what the City of Pasco was going to do because both entitles should be in agreement. Councilman Kraft expressed concern that, in his opinion, we were in conflict with our original position in Resolution No. 1745 and if we endorsed Proposition No. 1 without amending Resolution No. 1745, we could look very bad. He requested that the City Manager read Section Nos. 1 and 2 of Resolution No. 1745 to clarify position of the Pasco City Council. In short, Resolution No. 1745 goes back to "Square One" in regard to site selection process, and Proposition No. 1 goes ahead. MINUTES PASCO CITY COUNCIL REGULAR MEETING OCTOBER 20, 1986 VISITORS - Continued Mr. Hendler moved that the Pasco City Council go on record as supporting Proposition No. 1. Seconded by Mrs. Boothe. Mr. Snider reiterated we were in direct conflict with Resolution No 1745. It appeared if we endorsed Proposition No. 1, we were sending conflicting messages and our policy should be clear and concise. Main motion FAILED by the following roll call vote. NO Kraft, Jackson, Snider and Morgan YES Hendler, Boothe and Green. RECESS 9 06 P M. RECONVENED 9 10 P M. REPORTS FROM COMMITTEES AND/OR OFFICERS Senior Citizens Advisory Committee. Councilman Morgan reported that discussion had ensued regarding more people needing meals than money available, and ultimate solutions. They will be meeting with Connell Senior Citizens soon Ben-Franklin Transit Mayor Joe Jackson attended meeting on October 9, 1986 and a Sub-Committee had been appointed to review productivity routes on a first and second year evaluation basis. Also, service to Riverview Heights and re-location of bus shelter from 20th & Court had been discussed. Mr. Hendler asked for budget information as well as service records to Panoramic Heights. PUBLIC HEARING MAYOR JACKSON DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE PROPOSED CHANGE OF OWNERSHIP OF COLUMBIA CABLE TELEVISION COMPANY, IN ACCORDANCE WITH THE TERMS OF THE APPLICABLE FRANCHISE AGREEMENT It was noted that the hearing had been duly publicized as required by Law. There were no written comments. The City Manager reported that in early September, Columbia Cable informed the City of the proposed purchase of the system. Columbia Cable has been owned by United Artists Communications, Inc (UACI) and Micro-Cable Communications, Inc (MCCI) for several years In early July, UACI agreed to a majority stock purchase proposal by Tele-Communications, Inc. That plan will result in TCI assuming the parent corporation role currently held by UACI Columbia Cable provided staff with various information regarding TCI, as well as written indication from TCI that it will honor the terms and conditions of the Pasco Franchise Agreement In view of the fact TCI has agreed to honor the local franchise and we have no control over rates due to de-regulation, staff recommends Council approval of the Resolution. Councilman Snider asked if there was going to be a change in management philosophy? Mr. Ron Asplund replied that changes would be minimal. Following three (3) calls from Mayor Jackson for further comments from the floor, either for or against, the public hearing was declared closed. RESOLUTION NO. 1759 A RESOLUTION OF THE PASCO CITY COUNCIL, APPROVING THE PURCHASE AND OWNERSHIP BY TELE-COMMUNICATIONS, INC. (TCI) OF MORE THAN FIFTY PERCENT (50%) OF THE VOTING STOCK OF UNITED ARTISTS COMMUNICATIONS, INC. Resolution No. 1759 was read by title only. Mr. Hendler moved to approve Resolution No 1759, concurring in the acquisition and change of control of United Artists Communications, Inc. by Tele-Communications, Inc. Seconded by Mr. Snider Motion carried by roll call vote of seven (7). MINUTES PASCO CITY COUNCIL REGULAR MEETING OCTOBER 20, 1986 PUBLIC HEARING MAYOR JACKSON DECLARED THE PUBLIC HEARING OPEN TO CONSIDER ENACTMENT OF A HEARING EXAMINER SYSTEM IN LIEU OF THE BOARD OF ADJUSTMENT. It was noted that the Hearing had been duly publicized as required by Law. There were no written communications. Mr Dave McDonald, Director of Community Development, stated that in late August, staff briefed Council about the concept of a limited hearing examiner system in lieu of the Board of Adjustment. The idea was advanced due to the in- activity of the Board and difficulty in keeping Board members Council agreed to consider the idea when drafted in Ordinance form to determine appropriate procedures and safeguards for such a system A trade-off inherent to this proposal involves the elimination of the Board of Adjustment, this represents a reduction in the opportunity of citizens to serve their community However, in recognition of infrequent Board activity, and consequently, high turn-over rate in Board members, it would appear to be a beneficial trade-off. Following three (3) calls from Mayor Jackson for further comments from the floor, either for or against, the public hearing was declared closed ORDINANCE NO 2626 AN ORDINANCE CREATING THE POSITION OF HEARING EXAMINER, ESTABLISHING PROCEDURES FOR APPOINTMENT AND REMOVAL, ESTABLISHING A GENERAL ' OUALIFICATIONS AND DUTIES, AND PROCEDURES TO BE FOLLOWED BY THE HEARING EXAMINER AND PARTIES APPEALING SUCH DECISIONS; AND REPEALING AND RE-ENACTING CHAPTER 22 16 OF THE PASCO MUNICIPAL CODE. Ordinance No. 2626 was read by title only Mr. Kraft moved to adopt Ordinance No 2626, amending Title 22, by enacting a Hearing Examiner System in lieu of the Board of Adjustment Seconded by Mr Hendler. Motion carried by roll call vote of six (6) Councilman Green voting no UNFINISHED BUSINESS Special Permit Unclassified Use in R-1 District (MF #86-05-CUP) - Bryce Cheney. Prior to hearing this request, Councilman Snider asked to be excused due to appearance of fairness and conflict of interest Mr Dave McDonald, Director of Community Development, stated that on February 20, 1986, the Planning Commission conditionally approved the Cheney request for a 100-bed foster care facility on the north half of a 3-acre parcel, located at the SE corner of 24th & Jay Upon a citizen's appeal, the City Council denied the special permit. The predominant reason was traffic. In August, Mr. Cheney returned to City Council requesting reconsideration, based on new traffic related evidence. The Planning Commission was directed to study the matter, solely related to traffic considerations, and return a recommendation to City Council. On October 2, 1986, the Planning Commission conducted a public hearing on the traffic issue and made two basic conclusions, as follows 1) Existing traffic volume is 3-4 times higher than would be found in a neighborhood with only single family homes. Such condition is already present. Any permitted development on this property or other vacant properties in the area will increase this volume, re- gardless of how neighborhood residents feel about it. 2) While the proposal will generate slightly more traffic than single family home development, the anticipated daily difference (30 estimated by staff and concluded by Planning Commission) is negligible in traffic volume impact and, therefore, the traffic issue should not be a barrier to the proposed development. MINUTES PASCO CITY COUNCIL REGULAR MEETING OCTOBER 20, 1986 UNFINISHED BUSINESS - Continued (Cheney) Mr. Earl Warren, member of Planning Commission, pointed out that their recommendation prohibited any juveniles, drug or alcohol related problems Mr David Squires, 2411 W. Pearl, was still concerned with traffic and high density saturation in residential area. Residents of this area had invested in their property, and continued spot zoning to allow more high density had made this area a less desirable place to live. He, personally, was opposed to facility but if it were to become a reality, he asked that conditions be put in writing as to what this facility could be used for. Mr. Scott Beck, 2315 W. Pearl, called attention to the fact that residents had not been properly notified of the Planning Commission Hearing and subsequent action by the City Council. He argued that if 24th & Pearl was the object of traffic study, then the residents of that area should have been notified of the hearing. He urged a "no" vote on this issue. Mr. Bryce Cheney concurred that enough had been said and suggested a frontage road, extending Jay Street along the By-Pass Highway Mr. Hendler moved that Condition No 6 of Planning Commission Decision, rendered February 20, 1986, ("the land use authority granted herein shall expire if a building permit has not been issued for the construction authorized herein no later than December 31, 1986) should be stricken as December is only 6-weeks away. Seconded by Mr Morgan. Motion carried Mr. Hendler moved to concur with the findings and conclusions of the Planning Commission as amended, and therefore, the special permit be approved, with conditions, in accordance with the Commission's original decision of February 20, 1986, with the additional condition that the foster care facility be limited to persons who are unable to care for themselves by reason of the aging process, physical disability, and prohibiting all court referrals - specifically those persons suffering from chemical or alcohol dependency. Seconded by Mrs. Boothe Motion FAILED by the following roll call vote. NO Jackson, Boothe and Green YES Hendler, Kraft & Morgan. (Verbatim) Mr. Kraft. Mr. Mayor, I would like to float another motion using the language as written for the first motion - I would like to add, "I move to find that traffic impact could be substantially mitigated by limiting the proposal to a maximum of 80 beds and, therefore, the special permit be approved in accordance with the Planning Commission's original decision of February 20, 1986 (as amended), further, that the foster care facility be limited to persons who are unable to care for themselves by reason of the aging process, physical disability, and prohibiting all court referrals - specifically, those persons suffering from chemical or alcohol dependency. Mr. Cheney I don't know what's going on here - will somebody explain this Mr. Kraft Well, the first motion was defeated (Mr. Cheney - I understand that). Mr. Hendler. Something's happening here that happened before council that I should be aware of - why are we knocking this man down to 80 beds? Mr. Kraft Simply because the first motion failed and I am proposing an alternative motion. City Manager Mr Mayor, I might offer and try to explain that Councilman Kraft is proposing a motion that would reflect the potential concern that there may be concern on the part of some of the "no" votes regarding traffic (Kraft - precisely), and by reducing the maximum number of beds, it will drop that traffic and not do detrimental damage to the neighborhood, and the only way you will know that is by voting. Mr. Kraft Thank you for clarifying my motion - that's exactly what I wanted to say _i oe kson, Mayor MINUTES PASCO CITY COUNCIL REGULAR MEETING OCTOBER 20, 1986 SPECIAL USE PERMIT - Continued Mr Hendler Do you feel that way? Mr Kraft Yes I do I think that since some people voted no, they might have reservations about the traffic that 100 beds could, potentially, create so I am thinking that maybe 80 beds might lessen that traffic situation and some of the no's might be converted to yes. Mr Cheney Pho said that our facility was going to create more traffic than housing and where do they get their information? Testimony was given right here at this pulpit that said that this was the only facility that had been planned in the State of Washington like this There is no other for you to base your traffic count on that is like my facility. We have been operating this type of facility now for over three years and we find on an average that we get 1 visitor, per resident, per month 1 Mr. Kraft Everything you say may be true, but the Council voted on a motion to grant the Conditional Special Use Permit and it had a tie vote which, under the City's Code, means that it was defeated Mr Cheney I am not interested in building a unit for less than 100 beds on that property It is not feasible It is not feasible to build the unit on that property, the size of that property, for less than 100 beds. If you are going to vote it down, I'll go somewhere else. Mr. Kraft Then, are you withdrawing if it isn't 100 beds - are you withdrawing your proposal? Mr. Cheney Absolutely Mr. Kraft I withdraw my motion then Mayor There wasn't a second on that motion, was there? Clerk No, I did not get a second. MISCELLANEOUS - INCLUDING SUGGESTIONS FROM COUNCIL The City Manager reminded the council that Governor Booth Gardner would be attending our Farmer's Market on Wednesday, October 22, 1986 at 1 00 P M. ADJOURNMENT No further business, Mr Hendler moved for adjourn d by Mrs. Boothe. Motion carried. Meeting adjourned at 10 35 P.M ATTEST- 'Evelyn Wel s, City Clerk PASSED and APPROVED this . -5 day of , 1986. I I