HomeMy WebLinkAbout06-06-1988 MinutesMINUTES
PASCO CITY COUNCIL
REGULAR MEETING
JUNE 6, 1988
EXECUTIVE SESSION
An Executive Session was called at 7.30 P.M to discuss litigation. It adjourned
at 8 00 P.M with no action taken.
CALL TO ORDER
Meeting called to order at 8 00 P.M. by Ed Hendler, Mayor.
ROLL CALL
By City Clerk. Councilmen present were Michael Garrison, Beverly Green,
Ed Hendler, Lee. Kraft, E.A. Snider, Joe Jackson and Emerson Morgan. Also
present were Gary Crutchfield, City Manager, Greg Rubstello, City Attorney,
Donald Francis, Chief of Police, David McDonald, Director of Community Development,
and Capt. Doug Chambers, Pasco Police Department.
CONSENT AGENDA
Mr. Snider moved to approve Consent Agenda. Seconded by Mr. Morgan. Motion
carried Consent items are as follows
a) Approval of Minutes. To approve minutes of regular meeting, held
May 16, 1988
b) Bills and Communications. To approve General Claims in the amount of
$327,900.45 ($6,321.15 being in the form of Wire Transfer Nos. 1899 and
1906, and $321,579.30 consisting of Claim Warrant Nos. 58112 and 58115, and
58117 through 58292.0
To approve Payroll Claims in the amount of $314,365.47, Payroll
Voucher Nos. 6871 through 7031, and 7032 through 7192.
To approve bad debt write-offs for utility billing, ambulance,
miscellaneous accounts receivable, and Municipal Court non-criminal
accounts receivable in the total amount of $11,399.91 and, of that
amount, authorize $11,259.49 be turned over for collection.
c)
/ Ordinance No. 2685. An Ordinance relating to public exposure and
amending Chapter 9.10 PMC.
d) Resolution No. 1833. A Resolution amending Resolution No. 1530 by
the addition of a Bus Passenger Shelter, located on the existing
sidewalk on the east side of N. 5th Avenue, immediately south of
Lewis Street.
e)
/ Resolution No. 1834. A Resolution accepting work by Acme Concrete
Company Inc Asphalt Division, under contract for Project No. 88-3-02.
(Widening and overlay of East Lewis Street).
f) Set Public Hearing Date for Six-Year Street Construction Program. To
set June 20, 1988, 8 00 P.M., City Council Chambers, as the time and
place for a public hearing to be held on the 1989 through 1994 Six-
Year Street Construction Program
g) Expansion of C-2 Central Business District. To direct the Planning
Commission to initiate the rezone process to consider expansion of
the C-2 Central Business District and recommend appropriate boundary
changes, if any, not later than September 15, 1988.
h )
Ordinance No. 2686. An Ordinance authorizing and empowering the City
to condemn land and property for the widening of Sylvester Street in
conjunction with the 20th Avenue Signalization Project.
MINUTES
PASCO CITY COUNCIL
REGULAR MEETING JUNE 6, 1988
VISITORS:
Mayor Hendler set aside the regular order of business to interview
Luzell Johnson, a candidate for Senior citizens Advisory Council. He
thanked Mr. Johnson for his willingness to serve and advised that
selection would be made at June 20th meeting.
Civic Appreciation Award - John Crawford. Mayor Hendler presented
a Civic Appreciation Award to John Crawford, Pasco High School
Instructor, for his many years as Coordinator of Invitational Track
Meet. It is ranked as one of the northwest's finest, attributable to
efforts of John Crawford. Mr. Crawford thanked the Council for their
consideration and showed a 5-minute video of 1988 Track Meet.
Civic Appreciation Award - Craig Mayfield. Mayor Hendler presented
a Civic Appreciation Award to Craig Mayfield and Central Pre-Mix for
unique service to the community by "getting across the message"
concerning crime prevention and substance abuse. They also received
an award from the Washington State Crime Prevention Unit.
Announcement - 4th of July Fireworks. Mayor Hendler announced that
there will be a 4th of July Fireworks Display on July 4th at Edgar
Brown Stadium. It is free to the public, and hopefully, it will be a
start towards an all-day event in the future.
NEW BUSINESS:
Superconducting Magnetic Energy Storage Project. Dr. Dennis Kreid
enlightened the council on prospective superconducting magnetic
energy storage project which would be an $80 million dollar project,
and upon completion, employ 20-40 full time people. The site
selection process is presently underway and Dr. Kreid stressed that
support for continuing industry at the Hanford Site is what they
need.
Mr. Snider moved to authorize the Mayor to express the support of the
Pasco City Council for the selection of Hanford as the site for
Superconducting Magnetic Energy Storage Project. Seconded by Mr.
Kraft. Motion carried.
Outdoor Liquor and Music at Station Restaurant. The City Manager
reported that Mr. Jack Graham, owner of The Station at 327 W. Lewis,
recently requested a letter from the City expressing no objection to
his request that the Liquor Board reinstate his "outside" privileges
of liquor service and live music at the northeast corner of 3rd &
Lewis. Last year, the City granted a permit to serve liquor outside,
however, we received many complaints about noise, the Police
were called on numerous occasions for disorderly conduct and
therefore, he was recommending denial of request. Each councilman
has been furnished with a packet of information from Mr. & Mrs.
Graham, supporting their request to resume outdoor liquor service and
live music.
Mr. Phil Rodriquez, Attorney for Jack Graham, reiterated that The
Station owners (Mr. & Mrs. Graham) should not be held responsible for
people's actions. Much of the disorderly conduct comes from other
businesses immediately east of The Station. Mr. & Mrs. Graham are
trying to accomplish a positive thing for Pasco, they have security
at entrance checking identification, and many elderly citizens come
there to dance and enjoy themselves. If noise is a problem, Mr.
Graham will work with the City in any way possible to alleviate the
situation. He encouraged the City Council to reinstate Mr. Graham's
outside privileges.
Councilman Garrison stated he lived approximately six blocks away and
had been awakened by loud music. Further, he had heard this from
other citizens as well.
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REGULAR MEETING PASCO CITY COUNCIL JUNE 6, 1988
Discussion ensued about the possibility of staff meeting with Mr. &
Mrs. Graham to resolve their differences. The City Manager replied
that the trial had already been provided and conduct at The Station
was a continual Police problem.
Mrs. Yvette Green, 217 N. 3rd, stated that her husband had to get up
very early in the morning and they were kept awake all hours of the
night due to loud music. She complained continually to the Police
Department but the music just got louder.
Mrs. Paula Clifton, 722 W. Yakima, reported that she couldn't sleep
because the speakers were so loud.
Donald Francis, Chief of Police, enlightened the council about an
incident occurring at 3rd & Lewis at 12:30 A.M. Gunshots were heard
and when the Police responded, there were hundreds of individuals
milling in the street. Following pursuit, a 17-year old
intoxicated male was arrested with firearm in his possession. This
is just one incident of the dozen or more calls during July and
August, 1987.
Mr. Jackson moved to authorize and direct the Mayor to inform the
State Liquor Board that the City disapproves of Mr. Graham's request
for extended liquor service and outdoor live music and dancing at 327
West Lewis. Seconded by Mr. Garrison.
Mrs. Jerry Graham took exception to Chief Francis' remarks. She
stated that patrons do not leave their establishment with open
containers; further, in six years doing business, they had never had
a liquor infraction.
In an attempt to resolve this situation, Mr. Kraft moved to table any
action until the next regular meeting, June 20, 1988. Seconded by
Mrs. Green. Motion FAILED by the following roll call vote. YES:
Kraft and Green. NO: Morgan, Snider, Hendler, Garrison and Jackson.
Main motion carried by roll call vote of six (6). Mrs. Green voting
no.
Cheney Special Permit: Mayor Hendler announced a full quorum of
council present and asked the City Attorney to make a statement.
Mr. Rubstello stated that twice, motions have been made and seconded
to approve the Special Permit, as recommended by the City Planning
Commission. On both votes, the motion was defeated by a tie vote.
Under usual circumstances, since the tie vote maintains the status
quo and prohibits the applicant from obtaining the special permit,
the matter has been left at that, however, the applicant has now
retained an attorney. PMC 22.80.090 provides the basis for the
applicant to obtain a Writ of Mandamus requiring the City Council to
do one of the three actions affirmatively required of the Council at
the conclusion of a public hearing on a special permit application.
Those three alternative actions are as follows:
(1) Approve the special permit with or without conditions;
(2) Remand for further hearing before the Planning Commission;
(3) Deny the special permit.
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MINUTES
REGULAR MEETING PASCO CITY COUNCIL JUNE 6, 1988
I
I
The City Council has already twice been unable to pass a motion
approving the special permit. As was explained at a prior City
Council meeting, only one of the Council members who voted no on the
last prior motion could bring a motion to all the reconsideration of
a motion to approve the special permit. Any one of the Council
members could bring a motion to the floor to deny the special permit.
A majority vote of the City Council approving a motion to deny the
special permit with appropriate Findings of Fact and Conclusions
would conclude the matter and meet all requirements of PMC 22.80.090.
An appeal to Superior Court would then be limited to the question of
whether or not the Council's actions in denying the special permit
was arbitrary and capricious.
Mr. Eric Butterworth, Attorney for Bryce and Jo Cheney, objected to
vote of Councilmen Snider and Garrison for the following reasons:
(1) Two years ago, Mr. Snider abstained due to appearance of
fairness and conflict of interest; further, he did not hear
full testimony on April 18, 1988.
(2) Mr. Garrison admitted in a public meeting that he had been
contacted by people in opposition to foster care facility.
Mayor Hendler asked, "if people complain to me, do I jeopardize my
position? The City Attorney replied that Mr. Garrison admitted in an
open meeting that he had been contacted by individuals in opposition,
therefore, he did not violate any statutes.
Mr. Snider asked the City Attorney if he should abstain from voting
since he no longer has a conflict of interest. The City Attorney
replied that in his opinion, Mr. Snider could vote if he chooses to
do so.
Mr. Jackson moved that the Cheney application for a special permit to
allow an unclassified use in an R-1 District be denied on the basis
of the following Findings and Conclusions:
A. Findings:
1. The average daily traffic count at 24th & Pearl, and within
the subject neighborhood, is already two-three times higher than
the normal single-family residential area, owing to existing
higher intensity development in the area.
2. The subject neighborhood is already over saturated with high
density living and care units.
3. There has been no substantial change in facts to cause the
City Council to reverse their decision denying the Permit made
two years ago.
4. In accordance with the comprehensive plan, such existing
development as high density living units and public schools
should be located adjacent to arterial streets and not in their
present locations in the subject neighborhood.
5. The proposed facility has the potential to generate on the
average, three times the traffic as would single-family homes
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REGULAR MEETING PASCO CITY COUNCIL JUNE 6, 1988
to the immediate south cannot continue to absorb higher traffic
volumes associated with proposals such as the applicant's,
without serious detriment.
7. Once the development is constructed, if the elderly care
venture proposed for the facility is no longer a commercially
viable use for the facility, the Council's legal ability to deny
a special permit for use of the existing facility as a home for
troubled juveniles, drug rehabilitation, detox center or the
like, is extremely diminished. The facility is already present.
It is encumbered with debts. Non-use of the facility would
result in its deterioration and subject it to occupancy by
vagrants.
B. Conclusions:
1. The location and size of proposed use, the nature and
intensity of the operation involved, and the location of the site
in relation to the existing streets giving access to it, will be
such that it is not in harmony with the orderly development of
the R-1 Residential District.
2. The location of the proposed structure would discourage
single-family residential development of the neighborhood.
3. The operations in connection with the proposal have the
potential to be more objectionable to nearby properties by reason
of noise, automobile traffic and visitors than there would be
with single-family homes.
Seconded by Mr. Garrison. Motion carried by the following roll call
vote. YES: Jackson, Garrison, Snider and Green. NO: Hendler,
Kraft and Morgan.
Special Permit - Unclassified Use (MF #88-07-CUP): Mr. Kraft moved
to grant the special permit for a church at 627 W. Bonneville Street,
as recommended by the Planning Commission. Seconded by Mr. Morgan.
Motion carried.
Special Permit - Unclassified Use (MF #88-08-CUP:) Mr. Snider
moved to grant the News Wheels special permit, as recommended by the
Planning Commission. Seconded by Mrs. Green. Motion carried.
REPORTS FROM COMMITTEES AND/OR OFFICERS: 1
Conference on Mobility - the 21st Century Challenge. Mrs. Beverly
Green attended this conference on May 11-13, 1988 and reported the
theme was transportation in 21st Century. Mr. Phillip Burgess spoke
on changes and how it will affect the people. Discussion ensued on
traffic problems in the Seattle area and need for more railroad
transportation. 1
Good Roads Association Meeting: Mr. Snider stated the meeting had
been held in Walla Walla and discussion was primarily about highways,
bridges, and shape they are in.
built on the same property. I6. The integrity and viability of the single-family neighborhood
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MINUTES
REGULAR MEETING PASCO CITY COUNCIL JUNE 6, 1988
Dept. of Energy Management. Mr. Garrison reported it was a
bookkeeping meeting and Gary Crutchfield had been elected Chairman.
It will be monitored on a quarterly basis.
Benton-Franklin District Health. Mr. Garrison reported that proper
diet had been discussed and at the present time, over 1500 people are
being served. They had five (5) candidates for Health Officer and
selection should be on duty by August or September.
Gary Crutchfield. Earl Warren stated that as of May 29, 1988, Gary
Crutchfield had been with the City for ten years; first, as City
Planner/Community Development Director and subsequent City Manager.
Mr. Crutchfield was informed at that time if he made it ten years, he
would no longer be considered a "furreignor." Mr. Warren wanted to
officially welcome Gary as a full-fledged citizen.
Henry Kidwell. Henry Kidwell submitted a petition, signed by
approximately ten (10) businessmen, objecting to the 160-unit
Ambassador Court Apartments being converted to a privately owned
public housing project in their business district.
The City Manager will prepare a report for council on this subject
and report back at a later date.
ADJOURNMENT: No further business, the meeti g adjourned at 9:45 P.M.
PASSED and APPROVED THIadday of , 1988.