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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-