HomeMy WebLinkAbout1989.05.01 Council MinutesMINUTES
PASCO CITY COUNCIL
REGULAR MEETING MAY 1, 1989
CALL TO ORDER:
The meeting was 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 and Joe
Jackson. Councilman Emerson Morgan was absent (excused). Also
present were: Gary Crutchfield, City Manager; Greg Rubstello,
City Attorney; Richard Erickson, Director of Parks &
Recreation; David McDonald, Director of Community Development;
James Ajax, Public Works Director; and Webster Jackson,
Purchasing/Personnel Officer.
At this time, the City Clerk read the following letter of
resignation from Emerson Morgan:
"I hope this short note finds all of you in great health and good
spirits. Due to my illness, I feel it is necessary for me to
resign my council position. I really appreciate that you have
allowed me the opportunity to try and return, however, it has
been long enough and the council needs an active member.
Emerson Morgan. Seconced by Mr. Garrison. Motion carried.
Mayor Hendler stated he had known Mr. Morgan for over 40-years
and no man has brought more acclaim to Pasco than he has. His
fortitude and morality will forever be an inspiration to all of
US.
Mayor Hendler announced that this would be the last meeting for
Councilman Beverly Green who is moving to Everett. He stated
that all registered voters would be notified of the two vacancies
(District No. 4 and At-Large) and hopefully, the vacant seats
could be filled by June 5, 1989.
CONSENT AGENDA:
Mrs. Green moved to approve Consent Agenda. Seconded by Mr.
Snider. Motion carried. Consent items are as follows:
a) Approval of Minutes. To approve minutes of regular
meeting, held April 17, 1989.
b) Bills. To approve General Claims in the amount of
$361,830.93 ($11,162.93 being in the form of Wire Transfer
No. 2208; and $350,668.00 consisting of Claim Warrant Nos.
61432 through 61567).
To approve Payroll Claims in the amount of $294,596.69;
Payroll Voucher Nos. 10996 through 11154; and 11155 through
11313.
I have greatly enjoyed my terms as a council member and the
associations with the council and City Staff. The key to any
good organization is its people, and Pasco is in good hands and
will continue to grow and prosper. Thank you for all of your
support and prayers; even though the body may grow weak, my love
for Pasco and its citizens remains strong. Best wishes to all of
you." IWith sincere regret, Mr. Kraft moved to accept resignation from
-1- A
I VISITORS:
Presentation of Plaque to Beverly Green. Mayor Hendler
presented plaque to Beverly Green, commemmorating her nine years
as Pasco City Councilman and service to the citizens of Pasco.
He wished her Godspeed in her new endeavor.
MINUTES
REGULAR MEETING PASCO CITY COUNCIL MAY 1, 1989
To approve bad debt write-offs for utility billing,
ambulance, and Municipal Court non-criminal accounts
receivable in the total amount of $9,836.89 and, of that
amount, authorize $9,273.33 be turned over for collection.
c) Lewis Street at 7th Avenue - Traffic Signal Revision.
To authorize staff to re-advertise for bids for traffic
signal modification at 7th Avenue and Lewis Street.
Resolution No. 1871 moved to regular agenda.
d) Resolution No. 1872. A Resolution accepting work by A
& B Asphalt, Inc. under contract for Project No. 88-3-04 (LID
120)
e) Resolution No. 1873. A Resolution accepting work by
Power City Electric, Inc., under contract for Project No.
86-4-02 (4th & Court Signals).
f) Resolution No. 1874. A Resolution amending Resolution
No. 1699 and concerning the conditions of appointment of the
Municipal Court Judge and the operation of the Pasco
Municipal Court.
g) Special Permit: Ivey Used Car Lot MF #89-9-CUP. To
approve the special permit-for operation of a used car lot
upon Lots 8, 9 and 10, Block 2, Columbia Addition, as
recommended by the Planning Commission.
h) Rezone: C-1-D
(General Business)
recommendation of the
of property described
C-1-D to C-3.
(Designated Shopping Center to C-3
MF #89-10-Z: To accept the
Planning Commission to deny the rezone
in the attached legal description from
i) Appointment to Centennial Committee. To concur in the
Mayor's appointment of Marian Meisinger to represent the City
of Pasco on the Benton-Franklin Counties Centennial
Committee.
PROCLAMATIONS AND ACKNOWLEDGEMENTS:
Public Signing of Proclamation for "National Day of Prayer, May
4, 1989. Mayor Hendler signed Proclamation, proclaiming May 4,
1989 as "National Day of Prayer" and presented it to Pastor Bob
Rice of the Center for Christian Ministers.
Public Signing of Proclamation for "Older Americans Month, May,
1989. Mayor Hendler signed Proclamation, proclaiming May, 1989
as Older Americans Month and presented it to Mr. Art Robuck and
Mr. Ray Hart, members of Senior Citizens Advisory Committee.
There were no visitors wishing to address the Council at this
time.
REPORTS FROM COMMITTEES AND/OR OFFICERS:
-2-
MINUTES
REGULAR MEETING PASCO CITY COUNCIL MAY 1, 1989
Tr-MATS Policy Advisory Committee, April 19, 1989. Mrs.
Beverly Green reported the meeting as routine. They will be
electing a new Vice-Chairman soon.
Good Roads Association Meeting - April 19, 1989. Mr. Snider
stated that a representative of D.O.T. was present and gave a
recap of State Programs. Only maintenance necessities are being
considered now as there is no construction money available
without an increase in gas tax revenue.
Benton-Franklin Governmental Conference - April 21, 1989. Mr.
Kraft reported that it was an uneventful meeting with nothing
constructive to report.
Benton-Franklin District Health Board, April 27, 1989. Mr.
Garrison reiterated that they agreed to sell Certificate of Need
to Our Lady of Lourdes and Kadlec Hospitals for home health care.
Further, Mr. Garrison is now a member of Ad Hoc Board.
Special Meeting - Ben-Franklin Transit Authority - April 28,
1989. Mr. Hendler reported the meeting had been called to
relieve John Olson of his responsibilities due to disability.
Mr. Jim Vetrano was appointed to fill the interim position.
PUBLIC HEARINGS:
MAYOR HENDLER DECLARED THE HEARING OPEN TO CONSIDER THE DENIAL OF
BUSINESS LICENSE APPLICATION, DATED MARCH 24, 1989, AND FOR THE
CANCELLATION OR REVOCATION OF ANY BUSINESS LICENSE FOR ABUNDIO
MARTINEZ, HIS EMPLOYEES, AGENTS OR REPRESENTATIVES FOR MARTY'S
POOL HALL, 321 W. LEWIS, PASCO, WASHINGTON.
Mr. Greg Rubstello, City Attorney, submitted Affidavits from Gary
Crutchfield, City Manager; Duane Clarke, Metro Drug Task Force;
Larry Taylor, Metro Drug Task Force; Randall Roach, Pasco Police
Officer; Keith Sharp, Kennewick Police Department; and Greg
Rubstello, Pasco City Attorney, why business license should be
denied. In addition, copies of business license application and
lease agreement between Mr. Martinez and Mr. & Mrs. Earl Kahl
was presented; Bi-Pin Log Sheet showing number and type of
incidents at Marty's Pool Hall from January 1, 1988 to April 25,
1989.
Further, the City of Pasco had had no inquiries from Mr. Martinez
or anyone representing him. He asked if Mr. Martinez or
legal counsel was in attendance? Neither was present.
The City Attorney outlined procedure to be followed during this
hearing, and in conclusion, stated that staff recommended that
business license for Marty's Pool Hall be revoked.
Following three (3) calls from Mayor Hendler for further comments
from the floor, either for or against, the Public Hearing was
declared closed.
The City Manager read the following findings of fact:
1. Since 1981, Abundio Martinez has maintained ownership of
Marty's Pool Hall, 321 W. Lewis, Pasco, Washington. From time to
time, Mr. Martinez has been inactive in the actual operation of
the business, during which time the business has been run by
employees of Mr. Martinez.
-3-
MINUTES
REGULAR MEETING PASCO CITY COUNCIL MAY 1, 1989
2. As the owner of business, Mr. Martinez is required to
ascertain and at all times comply with all laws and regulations
applicable to the licensed business and to be personally
responsible for the business operation and activities occurring
on the premises.
3. Abundio Martinez has failed to take the reasonable actions
necessary to avoid illegal practices or conditions from occurring
on the business premises, in particular, narcotic violations even
though such reasonable actions have been requested by City staff.
4. City staff has attempted to work with Mr. Martinez and the
building owner to eliminate the illegal activities from occurring
on the premises but the efforts taken by Abundio Martinez have
been temporary in duration and fall short of the objective to
avoid harm to the public health, safety and welfare.
5. On February 17, 1989, the Tr-City Metro Drug Task Force
conducted a raid on the business premises. The raid was made
pursuant to a search warrant obtained from the Franklin County
Superior Court as the result of video surveillance of the
premises by the Task Force and the making of controlled narcotic
buys on the business premises through the use of citizen
informants.
6. The Metro Drug Task Force raid resulted in a substantial
number of narcotic arrests and the discovery of controlled
substances (particularly cocaine and heroine) upon and throughout
the business premises.
7. Management of the business has failed to exercise reasonable
control over who enters upon the business premises and their
activities therein.
8. The business license application submitted in January, 1989,
and the business license secured thereon, was procured by fraud
or false representations of facts. The license application
contains false or misleading statements.
9. The closure of Marty's Pool Hall and the revocation of the
license held by Abundio Martinez are reasonably necessary in the
interests or protection of the public health, safety, peace or
welfare.
10. The business Marty's Pool Hall, 321 W. Lewis, Pasco, has
become an instrument of or a cover for crime, or other danger to
public safety, morals or health.
Mrs. Green moved that the business license for Abundio Martinez,
his employees, agents or representatives for Marty's Pool Hall,
321 W. Lewis Street, Pasco, Washington, be denied and/or revoked
and that Abundio Martinez, his employees, agents or
representatives be prohibited from operating a pool hall at 321
W. Lewis Street or other business location in the City of Pasco,
based upon the findings of fact. Seconded by Mr. Kraft. Motion
carried by roll call vote of six (6).
RECESS: 8:45 RECONVENED: 8:50
MAYOR HENDLER DECLARED THE CONTINUED HEARING OPEN TO CONSIDER
SPECIAL PERMIT FOR RUBIO DAYCARE FACILITY.
Mr. Dave McDonald, Director of Community Development, stated that
-4-
MINUTES
REGULAR MEETING
PASCO CITY COUNCIL MAY 1, 1989
since the initial hearings on this matter, staff has learned that
Elva Rubio is currently licensed by the State and is operating a
daycare business in her home at 1215 S. 13th Lane. No special
permit has been issued by the City for the existing daycare.
Part of the purpose for having the special permit process is to
provide a review mechanism to prevent the over concentration of
certain activities in a given area. Had the Planning Commission
known about the existence of a daycare at 1215 S. 13th Lane,
their recommendation for 1203 S. 13th Lane might have been
different.
Staff would suggest that Ms. Rubio needs to decide whether she
wants to operate one or two daycare facilities. If Ms. Rubio
decides to either continue her existing daycare and drop her
request for 1203 S. 13th Lane or decides she wants daycares at
two locations, she will need to start the special permit process
over with a revised application. The fees could be waived on the
new application.
Mr. Ed Shea, Attorney at Law, representing Elva Rubio, presented
each Councilman a packet of information containing letters of
support as well as petition in support of facility. Mr. Shea
further stated that Mrs. Rubio had secured the names of 46
neighbors in support of her operation. Considering the need for
this type of daycare, Mr. Shea emphasized that this would be an
addition to any neighborhood.
Mrs. Sharon Davis claimed they were told by City officials that
if you did babysitting in your home, did not advertise, then you
did not need a permit.
Staff reiterated that special permit, if allowed at 1203 S. 13th
Lane, shall be personal to Elva Rubio and shall not be
transferrable; this special permit authorizes use of subject
building for a daycare with a maximum occupancy load of 18 and
for no other purpose; use of subject building for a daycare shall
conform to the Building Code and life safety standards related to
occupancy loading, exiting and other applicable codes as
determined by the Building Inspector; and, this special permit
shall be null and void if a business license and/or building
permit have not been obtained on or before August 16, 1989.
Mrs. Leah Young, a neighbor across street from petitioner, stated
it was a quiet neighborhood and you never see anything
disruptive.
Ms. Jackie Ramirez praised Mrs. Rubio's loving care for children.
This statement was repeated by Rosie Cloy.
Following three (3) calls from Mayor Hendler for further comments
from the floor, either for or against, the public hearing was
declared closed.
Mr. Kraft moved to approve this special permit for a daycare
facility, to be located at 1203 S. 13th Lane, with conditions as
recommended by the Planning Commission. Seconded by Mr.
Garrison. Motion carried.
ORDINANCES/RESOLUTIONS NOT RELATED TO PUBLIC HEARINGS:
RESOLUTION NO. 1875.
A RESOLUTION OF THE PASCO CITY COUNCIL APPROVING THE
-5-
MINUTES
REGULAR MEETING PASCO CITY COUNCIL MAY 1, 1989
PROPOSED REAL ESTATE PURCHASE AND SALE AGREEMENT BE-
TWEEN THE CITY OF PASCO AND THE MSL GROUP, A PARTNER-
SHIP, AND AUTHORIZING THE MAYOR TO SIGN SAME.
Resolution No. 1875 was read by title only. Mr. Garrison moved
to approve Resolution No. 1875, approving the sale of the surplus
golf course property to the MSL Group. Seconded by Mr. Snider.
(Prior to discussion, Mr. Hendler abstained from voting and/or
discussion due to possible conflict of interest.)
Mr. Henry Kidwell, 910 S. 10th, stated that MSL Group had a
$20,000 headstart on purchase since one of the principals acted
as prosecutor and defense; further, there was never a "For Sale"
sign on the property and everytime a request was made for
information at Pasco City Hall, he was told that it was not
public information yet. Mr. Kidwell felt the City was not being
fair to other interested parties because there was a conflict of
interest by people employed by the City. This information should
have been given to everyone.
The City Manager replied that Mr. Kidwell's remarks are
apparently aimed at the fact that Mr. Lee Smith represented
Grubb & Ellis under contract to the City in early 1988 and is now
a partner in the MSL Group. The City Manager stated the MSL
proposal was created long after completion of the Grubb & Ellis
contract and the City Council had decided by Resolution No. 1866
that it should attempt to negotiate a sale agreement rather than
simply putting the property up for bid.
Mr. Kidwell concurred that he had briefly seen Grubb & Ellis
report but was not allowed to photograph a copy. At this time,
he submitted his proposal for development of the Golf Course to
Mayor Pro-Tem E.A. Snider.
When asked by Council if there were any problems with procedures
used, the City Attorney replied that nothing illegal was done;
however, it might be construed as somewhat unfair. Grubb and
Ellis made a good faith effort to market the property and when
a sale did not occur, Mr. Smith later joined MSL Group.
Mr. Jackson moved to table Resolution No. 1875. Seconded by Mrs.
Green. Motion FAILED by the following roll call vote: NO:
Garrison, Kraft and Snider. YES: Jackson and Green.
Original motion carried by the following roll call vote: YES:
Garrison, Kraft and Snider. NO: Jackson and Green.
UNFINISHED BUSINESS:
Proposed Agreement - Market Analysis for Golf Course Properties.
Mr. Kraft moved to approve the Professional Services Agreement
with Robert Charles Lesser & Co. for a market analysis of the
Golf Course residential property and authorize the Mayor to sign
said Agreement. Seconded by Mr. Garrison. (Mr. Hendler
abstained from voting and discussion). Motion carried by roll
call vote of four (4). Mrs. Green voting no.
RESOLUTION NO. 1871:
A RESOLUTION ENABLING GRANTS TO PROPERTY OWNERS ABUTTING
WEST LEWIS STREET, BETWEEN 20TH AVENUE AND ROAD 28,
ACCESS EASEMENTS TO WEST LEWIS STREET, A LIMITED ACCESS
FACILITY, UPON CERTAIN TERMS AND CONDITIONS.
-6-
MINUTES
REGULAR MEETING PASCO CITY COUNCIL MAY 1, 1989
owner of office machine's business. Concerns were expressed about
landscaping and Mr. Allessio stated he would willingly keep his
property free of weeds and debris, but if forced to completely
landscape area, this would be something he could not do
financially.
Main motion carried. Mr. Hendler voting no.
NEW BUSINESS:
Parks Maintenance Building. Mr. Snider moved to increase the
authorization for Parks Maintenance Building, Project No.
89-9-00, to $65,000 and direct the increase be included in the
next Capital Budget supplement. Seconded by Mr. Jackson. Motion
carried.
Mr. Snider moved to award the bid for construction of the Parks
Maintenance Building to low bidder, J.N. Jacobson & Son, Inc. in
the total amount of $58,212.00, including State Sales Tax.
Seconded by Mr. Kraft. Motion carried.
1989 Street Overlays and Storm Drain. Mr. Snider moved to
increase the authorization for 1989 Street Overlays, Capital
Project No. 89-3-01, by the amount of $100,000 and direct the
increase be included in the next Capital Budget supplement.
Seconded by Mrs. Green. Motion carried.
Mr. Snider moved to authorize the Urban Renewal Industrial Area
Storm Drain Project, as Capital Project No. 89-3-02, in the
amount of $125,000 and direct the project be included in the next
Capital Budget Supplement. Seconded by Mr. Kraft. Motion
carried.
MISCELLANEOUS - INCLUDING SUGGESTIONS FROM COUNCIL:
The City Manager asked for a short Executive Session for the
purpose of discussing land acquisition.
Mrs. Green stated she had enjoyed being on the City Council and
felt any differences were sincere differences. Mayor Hendler
wished her Godspeed.
ADJOURNMENT:
No further business, the meeting recessed at 10:25 P.M. for the
Executive Session; following the Executive Session, the meeting
was reconvened and adjour d at 10:50 P.M.
endler, Mayor
Resolution No. 1871 was read by title only. Mr. Garrison moved
to approve Resolution No. 1871, establishing the conditions and
procedure by which property abutting West Lewis Street between
20th and 28th Avenues may gain direct access to West Lewis
Street, as amended (property owner is responsible for keeping
excess right-of-way free of weeds and debris). Seconded by Mr.
Snider. IIDiscussion ensued between council members and Mr. Rod Allessio,
-7-