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HomeMy WebLinkAbout05-02-1988 MinutesMINUTES PASCO CITY COUNCIL REGULAR MEETING MAY 2, 1988 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, Dennis Wright, City Engineer, Donald Francis, Chief of Police, David McDonald, Director of Community Development, and Webster Jackson, Personnel/Purchasing Officer. CONSENT AGENDA I Mr. Snider moved to approve Consent Agenda, as amended Seconded by Mr Morgan. Motion carried. Consent items are as follows (Consent Item Nos. F & G added this date). a) Approval of Minutes To approve minutes of regular meeting, held April 18, 1988. b) Bills. To approve General Claims in the amount of $98,296.78 ($10,765.89 being in the form of Wire Transfer Nos 1872 and 1877, and $87,530.89 consisting of Claim Warrant Nos. 57813 through 57950). To approve Payroll Claims in the amount of $292,526.73, Payroll Voucher Nos. 6549 through 6709, and 6710 through 6870. To approve bad debt write-offs for utility billing, ambulance, and Municipal Court non-criminal accounts receivable, in the total amount of $9,715 00 and, of that amount, authorize $9,110.54 be turned over for collection. c) Award of Construction Contract for the Traffic Signal Project at 4th Avenue and Court Street. To award the contract for construction of traffic signals at 4th Avenue and Court Street to the low bidder, Power City Electric, Inc , in the amount of $76,964.00 and, further, to authorize the Mayor to sign the contract documents. d) 18th Avenue at Lewis Street Waterline To award the contract for con- struction of 18th Avenue at Lewis Street Waterline to the low bidder, Ray Poland & Sons, Inc., in the amount of $16,434.22 and, further, to authorize the Mayor to sign the contract documents. e) Permission to Advertise for Construction of 4th Avenue and "A" Street Traffic Signals. To authorize staff to call for bids for construction of traffic signals at the intersection of 4th Avenue and "A" Street. f) Tape Wrapping of Cables on Intercity Bridge. To authorize joint application with Kennewick for 80% Federal funding of the cable-wrapping project for the Intercity Bridge, with an estimated total cost of $400,000 I VISITORS g) City of Pasco Fireworks Project - Lions Club. To allocate up to $2,500 towards 4th of July Fireworks Display (Edgar Brown Stadium), provided it is matched by the community. (Allocated from Hotel/Motel Tax Funds) Proclamation - National Day of Prayer. The City Clerk read Proclamation, proclaiming May 5, 1988 as National Day of Prayer. The Mayor affixed his signature and presented it to the Rev. Jerry Cole. Proclamation - Older Americans Month. The City Clerk read Proclamation, proclaiming May, 1988 as Older Americans Month. The Mayor affixed his signature and presented it to Wilma Poole and Homer Witte with his best wishes. MINUTES PASCO CITY COUNCIL REGULAR MEETING MAY 2, 1988 REPORTS FROM COMMITTEES AND/OR OFFICERS Tr-MATS Policy Advisory Committee, April 21, 1988. Mrs Green reported the meeting had been fairly routine There will be a 21st Century Conference in Seattle which should have an interesting agenda. Further, Mrs. Green planned on attending 3-day Conference in Seattle on May 11, 12, 13 relative to transportation. AWC Convention - Tacoma - June 28 - July 1, 1988. It was announced that Ed Hendler, Lee Kraft and Gary Crutchfield planned to attend AWC Convention on June 28, 1988 Benton-Franklin Governmental Conference, April 22, 1988. Mrs. Green reported that a representative from Yakima spoke on 1-82 Corridor. Cle Elum was picked up by this area and they primarily exchanged information on interchange development. Ben-Franklin Transit Authority. Mr. Hendler stated that we had requested the Franklin County Prosecutor to ask the Attorney General for an opinion re legality of using Transit monies for maintenance of City streets. Since our Attorney felt it was legal and Transit Authority's Attorney stated it was illegal, he felt we had to get an impartial opinion at the State level. 4th of July Fireworks. Mayor Hendler expressed his concern over the fact that our annual 4th of July Fireworks Display, held at Edgar Brown Stadium by the Lions Club, had moved to Columbia Park last year. Now, they are contracting it out to a Spokane firm and he felt it was time that we brought it back to Pasco. He felt that community support would match Pasco's allocation of $2,500 and encouraged all civic and private groups to participate. Councilman Snider recalled when we had an all-day celebration in Pasco and urged people to get this going again. Health District Mr. Garrison reported he will have copies available by next meeting of services rendered by Health District. During this meeting, they discussed remodeling of Pasco facility and interview schedule for four (4) candidates for health officer. Hopefully, they will have a selection by May's end. PUBLIC HEARING MAYOR HENDLER DECLARED THE PUBLIC HEARING OPEN FOR THE PURPOSE OF HEARING APPEAL OF DAYSPRING MINISTERIES TO CONDUCT COUNSELING SERVICES AT 120 N. 4TH AVENUE. It was noted that the hearing had been duly publicized and all affected property owners within 300' had been notified in writing. There were no written communications in protest. Mr. Dave McDonald, Director of Community Development, stated that Dayspring Ministries applied for a special permit to provide counseling and prayer to itinerants and other homeless or disadvantaged persons, as well as jail parolees, in a building at 120 N 4th Avenue. They would also conduct Spanish classes and counsel/train 85/100 volunteer chaplains on an on-going basis. The Planning Commission conducted a public hearing on March 17, 1988, and subsequent to written and verbal testimony and other information of record, concluded there is clear evidence of potential and substantial detriment to downtown business and on- going downtown revitalization, associated with approval of this application, and recommended City Council deny the special permit. The applicant filed a written appeal of the Planning Commission recommendation where he will have an opportunity to furnish new information not available at original hearing This is not a religious issue, but solely related to land use Further, two (2) previous applications had been denied, namely, a church use on West Lewis and a counseling service on West Clark. Greg Rubstello, City Attorney, stated that's-in regard to new C-2 Ordinance, it would not allow by special permit, the type of operation that is being proposed by Dayspring Ministeries Their application for special use permit was well in the process when the Council adopted the new C-2 Ordinance. They would be allowed to proceed under the special permit process under the Ordinance as it existed prior to the latest amendment. However, you may consider the new C-2 Ordinance as one fact or factors in determining whether the special permit should be granted in that the new C-2 zoning would not allow for uses such as being proposed and would make non-conforming uses out of the existing social service agency. One of the factors in your Code MINUTES PASCO CITY COUNCIL REGULAR MEETING MAY 2, 1988 PUBLIC HEARING - Continued that you are to look at in determining whether a special permit is to be granted - is whether the proposed use will be in harmony with the development and plans for the area. From that standpoint, you may consider what will be the effect on the new C-2 zoning on the downtown area and may consider that as a fact in your consideration, however, you cannot simply say that because we have the new C-2 zone, your special use permit must be denied and cannot be allowed Is that clear? Snider In other words, we would be creating a non-conforming use if we override the Planning Commission. Rubstello. Yes. Crutchfield I think it is important to to note that it is not sufficient to withhold approval if you feel it should be approved." At this time, the City Manager read references of C-2 zoning specifying permitted and non-permitted uses in downtown corridor, more commonly known as 1st to 5th Avenues, Columbia to Clark. Mr. Ron Baker, 3520 W. Henry, stated that they didn't give anything away, all they did was minister the word of God. They wanted to see Pasco's image change and the adverse product taken away. More can be done in a spiritual way and he commended Chaplain Bob Dickinson for trying to reach out to these people and getting them back on the right track. If they were successful in reaching only one person, their efforts had not been in vain. He acknowledged that the "finger of God" provided this office through the generosity of a Canadian supporter who paid the $100 per month rent through November, 1988. Chaplain Bob Dickinson defended his position by stating that he had ministered in this area for several years, however, most of his counseling is done on the streets, in jails and in prisons. They use the office primarily for office administration and occasional training meetings which would be after 5 00 P.M. Their staff is all volunteers and they work elsewhere during the day. Possibly, he was being too honest in his original request but he did not want to do anything illegal. Mr. Morgan asked, "if they are only using it as an office, then there is no problem, right?" Staff replied affirmative. Mr Snider stated that if he had a retail business in this area, he would be allowed to have occasional sales meetings and asked Chaplain Dickinson if he agreed not to solicit business. Mr. Dickinson replied Mr. Snider then asked him if he would be handing out clothing, food, etc. Mr. Dickinson replied no. His primary function is reading the Bible and using it as an administrative office. Mr. Doc Hastings, President of PDDA, stated they were not against religion. In fact, they had offered to assist Mr. Dickinson in finding a suitable location to continue his ministry He submitted a letter from Bill Pritchard, owner df B & B Meats, 202 W. Lewis, stating he was willing to rent to Dayspring Ministeries for the same amount he is presently paying. Their primary objective was seeing Pasco move forward in a proper direction. Mr Snider moved to affirm the recommendation of the Planning Commission findings, specifically, that Dayspring Ministeries does not intend to function as a social service agency, does not need a special permit, and has presented no additional evidence justifying a special permit based on the testimony received by this City Council Seconded by Mr. Kraft Motion carried. Mr Bill Casey asked if Mr Dickinson's $200 would be refunded back to him since this originated with the City (a letter from Max Bigby, Assistant Planner, was read to the audience). Staff will review this and notify Mr. Dickinsonoof their decision. Mr. John Henry and Mr. Lee Plansky both verbally supported Mr. Dickinson and his work ADJOURNMENT No further business, Mr. Snider moved for adjournment. Seconded by Mr. Kraft. Motion carried. Meeting adjourned at 9 30 P.M. 7 -Ttgf --e--/--_______ PASSED AND APPROVED this 4; day of , 1988 Ed HQndler, Mayor yn 1 ,,ells, City Clerk P iab--