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