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HomeMy WebLinkAbout1993.05.17 Council MinutesMINUTES PASCO CITY COUNCIL REGULAR MEETING MAY 17, 1993 CALL TO ORDER The meeting was called to order at 8 00 P M by Joyce DeFelice, Mayor. ROLL CALL. By Deputy City Clerk Councilmembers present were Joyce DeFelice, Michael Garnson, Edgar Hargrow, Chns Jensen, Dan Lathim, and Carl Strode. Councilmembers absent Charles Kilbury, excused Also present were. Gary Crutchfield, City Manager, Greg Rubstello, City Attorney, Dennis Wright, Engineer; David McDonald, Director of Community Development, and Kurt Luhrs, Administrative Assistant PLEDGE OF ALLEGIANCE The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA MOTIONS Mr Garrison moved to approve the Consent Agenda Seconded by Mr. Lathim. Motion carried unanimously Consent items are as follows A) Approval of Minutes To approve minutes of Regular Meeting held May 3, 1993 B) Bills and Communications To approve General Claims in the amount of $506,323 99 consisting of Claim Warrants numbered 81274 through 81477 C) Interlocal Agreement and Jurisdictional Contract Agreement for Coordination of Emergency Medical Services To approve the Interlocal Agreement for Coordination of Emergency Medical Services and authorize the Mayor to sign the same D) West Pasco Sewers - Intent Not to Serve Basements by Gravity To accept the staffs recommendation that the Riverview Sanitary Sewer System not be designed to serve basements by gravity sewer due to the extreme additional cost of construction and the fact that it will be more economic for the relatively small percent of houses with basements to install individual basement pumps E) Resolution No 2080 To approve Resolution No 2080, fixing 8 00 p m, June 7, 1993, as the time and date for a public hearing to consider the proposed vacation F) Resolution No 2081 To approve Resolution No 2081, fixing 8 00 p m, June 7, 1993, as the time and date for a public hearing to consider the proposed vacation PROCLAMATION AND ACKNOWLEDGMENTS None VISITORS' None MINUTES PASCO CITY COUNCIL MAY 17, 1993 REPORTS FROM COMMI I I P.-ES AND/OR OFFICERS Mayor's Activity Report Mayor DeFelice reported that on May 7, she attended the Grand Opening of Bill's Valuables located on Lewis Street On May 12, Chaired the Riverview Task Force Meeting. On May 14, attended a ribbon cutting ceremony for the reopening of Domino's Pizza at their new location on Court Street Pasco Downtown Development Association Board Meeting - May 4. 1993 Mr Kilbury was absent and unable to give his report Parks and Recreation Advisory Council Meeting - May 6, 1993 Mayor DeFelice reported that she was unable to attend the meeting Senior Citizens Advisory Committee - May 10. 1993. Mayor DeFehce reported that she was unable to attend the meeting Task Force for a Safe Community Meeting - May 11, 1993 Mr Jensen reported that the bulk of the meeting was for Task Force business and redefining job descnption cntena for the coordinator's position BFRC Tn-MATS Policy Advisory Committee Meeting - May 13. 1993 Mr Kilbury was absent and unable to give his report. B F Transit Board Meeting - May 13, 1993 Mr Garrison reported that the Transit has purchased 3 4 acres to the east of its present site for future expansion The remainder of the meeting was routine in nature. PUBLIC HEARINGS Special Permit - Youth Emergency Shelter Sunderland Family Treatment Services (MF #93-13-SP) Mr McDonald, Director of Community Development, addressed Council and noted for the record that notice of the public hearing was published as required by law and all property owners within 300 feet were notified of this action Mr McDonald explained that a facility of this type can only locate in Pasco by special permit It could be located in any zoning distnct if approved through the special permit process This type of facility is classified as a community service facility and that is a facility that provides health and welfare services to individuals There has been some confusion over this issue due to the applicants mailing letters to all of the surrounding property owners outlining what they believed were the options available to their organization, ie, to obtain a special permit from the city, or to operate a foster family crisis home They indicated that they would have the same number and type of juveniles only it would be run by foster parents in an agency facility According to the zoning regulations this type of facility would fall under the definition of a group care facility. A group care facility is defined as any number of unrelated persons living together as a single housekeeping unit sponsored by a public or private service entity, whether supervision of residents is provided in full or on a part time basis A group care facility would also fall under the definition of a community service facility and both definitions would be required to go through the special permit process Mr McDonald also informed Council that his office has received between 6 to 12 phone calls with most being opposed to this action. A REGULAR MEETING -2 -t 'VVPACAZTO:..,P3 MINUTES REGULAR MEETING PASCO CITY COUNCIL MAY 17, 1993 number of the calls were from individuals who were confused over the letter sent by the Sunderland Family Treatment Service that gave them two options to choose from Approximately 10 individuals did fill out the form and returned it to Community Development without checking either of the options listed. This proposal is for a single family residence located in the 1500 block of Irving Street. The area is zoned for single family, is a stable neighborhood, is characterized by well kept yards and there are a few apartments scattered throughout the neighborhood that have been there for some time. When looking at this issue in relation to the City's Comprehensive Policy Plan it is indicated that Council should consider land us and the importance of protecting and enhancing the existing character of viable neighborhoods Along with this protection comes a protection of investment of the individuals that own property in that neighborhood For these reasons, and due to the number of elderly living in the neighborhood, staff recommended at the Planning Commision public hearing that the request for a special permit be denied, which the Planning Commission concurred with on a 4 to 1 vote MAYOR DEFELICE DECLARED THE PUBLIC HEARING OPEN TO CONSIDER AN APPEAL OF THE PLANNING COMMISSION'S RECOMMENDATION TO DENY A SPECIAL PERMIT FOR A YOUTH EMERGENCY SHELTER AS REQUESTED BY SUNDERLAND FAMILY TREATMENT SERVICE The following letters were read into the record by the Clerk and Mr Crutchfield. Jackie Johnson, of 1508 West Yakima Street, wrote in opposition to this action as it was her impression that the intent of the shelter was not to provide a safe place for kids, but a group center for ,counselmg Etoy Alford, who owns property at 1508 West Irving Street, 706 and 708 North 15th Avenue, wrote in opposition to the proposed action due to most residents being elderly, representatives of Sunderland did not consider the potential impact to the residents of the area before purchasing the property for a specific use, and because Sunderland has not been above board when communicating with residents about this facility by omitting important information about daily operations of the program Pauline Osborn, of 1509 West Irving Street, wrote in opposition to the proposed action due to the possible impact on her neighborhood Norma J. Lambert, of 1504 West Yakima Street, wrote in opposition to the proposed action Bev Denning, of 1524 West Yakima Street, wrote in opposition to the proposed action Lydia Alson, of 1517 West Yakima Street, wrote in opposition to the proposed action Luisa Bell, of 1519 West Yakima Street, wrote in opposition to the proposed action Marian H. Petersen, no address given, wrote in opposition to the proposed action and felt it was wrong that everytime someone wanted to "dump" a place of this sort on someone they always think of Pasco She felt it should be located in Kennewick especially when 58% of the children would be from Kennewick - 3 MINUTES REGULAR MEETING PASCO CITY COUNCIL Gail Hammerberg, of 1603 West Yakima Street, wrote in opposition to the proposed action as it would only deteriorate the quality of the neighborhood. Mary Lee Pickett, Director of the Guardian Ad Litem Program, wrote in support of the proposed action stating that such facilities were desparately needed in the community. Mr. Bob Gregson, of 1532 West Yakima Street, spoke in opposition to having this facility in his neighborhood without the correct legal status It was his understanding the letter from Sunderland informed him that this action would take place whether he wanted it or not Mr. Ted Johnson, of 1508 West Yakima Street, explained he was in opposition to the proposed action. He explained that after receiving a letter from Sunderland he called Jan Beattie and asked her if his understanding of the letter was correct when they stated that he had no choice in this issue except the ones given in the letter? He was told that was correct When he asked her if she would want one of these youth emergency centers in her neighborhood she stated only if she operated it. Mr. Donald Haven, 1512 West Irving Street, explained that he felt the same as Mr Ted Johnson Ms Marian Peterson, of 1512 West Yakima Street, explained that the letter she received made her feel she was being railroaded into accepting the center and she was in opposition to the proposed action. Ms. Elizabeth Gladden, of 1507 West Yakima Street, explained that she would prefer that the proposed facility not come into her neighborhood because many times it opens the area up to other things that could have a negative impact Ms Cynthia Campbell, of 1527 West Irving Street, wanted Council to understand that she mistakenly selected Option B and returned the letter she received from Sunderland to the Community Development Department and is opposed to this action Mr. Ron Bnghtman, of 1503 West Yakima Street, spoke in opposition to the proposed action because of the choice of location He felt it was inappropriate to place this type of facility in a residential neighborhood Mrs Dahl, of 1519 West Irving Street, spoke in opposition to the proposed action Mr Fred La Mothe, of 10024 West Court Street owns an apartment complex in the neighborhood, stated that he didn't have a problem with Ms Beattie, however, he was opposed to the facility because of the impact on the neighborhood Ms Linda Reynolds, of 1528 West Irving Street #A, stated that she was in opposition to the proposed facility. Ms Phyllis Holloway, of 1528 West Irving Street #1, was against the facility Ms. Jan Beattie, Director of Sunderland Family Treatment Services, explained the letters sent to property owners in the neighborhood have been her attempt at communicating with them openly about the proposed facility There were no attempts to cover up anything being , MAY 17, 1993 4 _ MINUTES REGULAR MEETING PASCO CITY COUNCIL MAY 17, 1993 planned and she has responded to any calls received from anyone seeking more information Ms. Beattie explained that the letters she sent were an attempt to explain as clearly as possible what Sunderland was attempting to accomplish The location was chosen as it was a family neighborhood and because it would be the most appropriate setting for children to go into She explained that Sunderland became a licensed community mental health center in 1988, as a part of Benton-Franklin County plan, as a child and family counseling agency Previous to this Ms Beattie had operated a treatment foster care program as well as other types of treatment Sunderland is considered a child placing agency. This means they have the legal authonty through the State to recruit and license foster homes as specified in Option A and in her opinion does not require a special use permit according to WAC 388-73. The foster parents would have the primary responsibility for receiving the children and providing for their care The special use permit has been requested for the purpose of operating as a group residential center Ms Beattie presented a petition and requested that Council approve the special use permit as a residential setting is the most appropriate for a child who has been abused to come into This type of facility allows a "time-out" from the family and appropriate services can begin to reconcile them with their families. Mr. Bill Beattie, of 227 Riverwood in Richland, spoke in favor of approving the special use permit for Sunderland Ms Marilyn Hanes, an employee of Sunderland, spoke in favor of the special use permit and pointed out that the facility was a six bedroom home and probably wouldn't be bought by a retired couple., Mr Vince Alvarado, of 807 South 30th in Yakima, spoke in favor of Council approving the special use permit Mr Alan Broils, 3120 West Hood in Kennewick, stated that there is a cnsis m the State of Washington in regards of caring for disfunctional children and their families Following three (3) calls from Mayor DeFelice for further comments from the floor, either for or against, the public hearing was declared closed. MOTION . Mr. Lathim moved to deny a special permit for the Youth Emergency Shelter at 1520 West Irving Street Mr. Garrison seconded the motion Mr Rubstello explained to Council that he was unfamiliar with the WAC as quoted by Ms Beattie and he felt it would be appropnate for him to prepare some Findings of Fact, either way on the issue, to insure a good factual record He, therefore, recommended that Council table this issue until the June 7, 1993, meeting when he would present them with the Findings of Fact on this issue MOTION: Mr. Jensen moved to table the motion until June 7, 1993 Mr Lathim seconded the motion. Motion carried (Strode - No) Modifications of Use Regulations for Adult Businesses Mr Rubstello, City Attorney, addressed Council and noted for the record that notice of the public hearmg was published as required by law. - MINUTES REGULAR MEETING PASCO CITY COUNCIL Mr Rubstello explained that staff has submitted . for Council's consideration an ordinance to modify the zoning code containing the use restrictions for adult businesses The sub-sections listed currently list specific adult businesses, ie , adult motion picture theaters and book stores A problem arises when someone comes up with a new kind of adult business or a different name is put on it and claim that their type of business isn't listed in the code Staff wants to do away with this line of argument and make it very clear that adult businesses of all kinds come under these restrictions. Therefore, staff is proposing that the specifically listed businesses be replaced with the term "Adult Business Establishment", and give a very broad definition that will encompass all the different kinds and nuances of adult businesses that might be brought before the city for a permit Staff also wants to broaden the current buffer zone that would have to exist between a newly located adult business and certain types of uses that exist in the city, which Councils in the past have determined to not be compatible with adult businesses The buffer zone proposed would change from 500 feet to 1200 feet Mr Garrison wanted the buffer zone to be 2000 feet instead of 1200 feet and felt the city could still provide an adequate area for this type of business. Mr. Rubstello explained that he felt 2000 feet would place the city in a very questionable position where a litigant might be successful against the city. MAYOR DEFELICE DECLARED THE PUBLIC HEARING OPEN ON THE QUESTION OF MAKING MODIFICATIONS TO PMC 22 68 020(I) AND (J), CONCERNING USE REGULATIONS RESTRICTING THE LOCATION OF ADULT BUSINESSES Mr Mark Mornsette, of 4009 Desert Court, spoke on behalf of the Pasco Downtown Development Association The PDDA supports the review and modification of the use regulations for adult businesses and feel the location of an adult business in downtown would be detrimental to the downtown business district and the family environment created by the Farmer's Market. They support the general definition that would prevent future attempts to take advantage of code wording and that a buffer distance of at least 1200 feet is appropriate. The PDDA is very concerned when there is any possibility of a detrimental history repeating itself Mr Dennis Smurthwaite, of 925 North Elm Avenue, spoke on behalf of the East Pasco Better Development Association. The Association supports the modification of the use regulations for adult businesses and would like to ask that the buffer zone be extended to 1500 feet because of the Oregon Street corridor Ms Gretchen Sewart, of 302 Torbett in Richland, spoke in behalf of Mid-Columbians Against Pornography and explained that there were several areas where the city could tighten its ordinance to restrict adult businesses as much as the law will allow, ie , lighting requirements, peep booths need to have unobstructed vision, etc She explained Pierce County is putting together an ordinance based on the latest case law on the books and asked to be allowed the time to get this information to Pasco and she wanted Council to extend the montonum Following three (3) calls from Mayor DeFelice for further comments from the floor, either for or against, the public hearing was declared closed MAY 17, 1993 -6 MINUTES REGULAR MEETING PASCO CITY COUNCIL Mr Rubstello explained that he didn't feel the city could legally extend the montonum and he would look into the ordinance being prepared by Pierce County Ordinance No. 2933 AN ORDINANCE CONCERNING ADULT BUSINESSES, AND AMENDING SUBSECTIONS 22 68 020(1) AND (J) OF THE PASCO MUNICIPAL CODE MOTION: Ordinance No. 2933, was read by title only Mr Jensen moved to adopt Ordinance No. 2933, modifying the use regulations for adult businesses Mr Lathim seconded the motion MOTION Mr Garrison moved to amend Ordinance 2933, extending the buffer zone to 1500 feet Mr Lathim seconded the motion Mr Strode agreed with Mr Rubstello when considering the number of feet for a buffer zone and wanted to discourage Council from enlarging this zone from 1200 to 1500 feet Mr Garrison disagreed and felt the difference of 300 feet would eliminate that much area that could be used for those types of businesses and he would support the 1500 feet requirement Motion to amend Ordinance No 2933 failed by the following roll call votes Yes - DeFelice, Garrison, Lathim: No - Hargrow, Jensen, Strode Original motion earned by roll call vote of six (6) Wastewater Treatment Plant Upgrade/Expansion Facilities Plan Mr Crutchfield addressed Council and noted for the record that notice of the public hearing was published as required by law and introduced Mr. Tony Krutch, resident engineer for HDR that--the city has contracted with to design and plan the expansion and upgrade of the sewer treatment plant Mr Krutch addressed Council and presented an overview and descnption of the city's needs and the proposed facility expansion and upgrade MAYOR DEFELICE DECLARED THE PUBLIC HEARING OPEN FOR THE PURPOSE OF RECEIVING CITIZENS VIEWS AND COMMENTS ON THE DRAFT WASTEWATER FACILITIES PLAN DATED APRIL, 1993 Mr. Daniel Lipp, 820 West Octave Street, stated that he felt the proposed upgrade/expansion of wastewater treatment facilities was a good idea Following three (3) calls from Mayor DeFelice for comments from the floor, either for or against, the public hearing was declared closed. MOTION. Mr Jensen moved to set Monday, June 21, 1993, at 8 00 p m, as the date and time for the final hearing on the City of Pasco Wastewater Facility Plan Mr Garnson seconded the motion Motion earned unanimously Abatement Cost Recovery - 2705 West Sylvester Street Mr Rubstello explained that ownership of the property had changed since the process started and recommended that Council continue the Public Hearing on this matter until June 7, 1993,- to give the new owners proper notice. MAY 17, 1993 -7-- MINUTES REGULAR MEETING PASCO CITY COUNCIL MAY 17, 1993 MAYOR DEFELICE DECLARED THE PUBLIC HEARING OPEN TO DETERMINE THE METHOD OF RECOVERING CITY COSTS FOR ABATEMENT ACTIVITIES AT 2705 WEST SYLVESTER STREET MOTION Mr. Garrison moved to continue the Public Hearing to the June 7, 1993, meeting to allow notification of the new property owners of this action. Mr Lathan seconded the motion Motion earned unanimously. ORDINANCES/RESOLUTIONS NOT RELATED TO PUBLIC HEARINGS Ordinance No. 2934 i AN ORDINANCE RELATING TO TRAFFIC AND ADDING A NEW SECTION TO CHAPTER 10 44 OF THE PASCO MUNICIPAL I CODE - MOTION Mr Gamson moved to adopt Ordinance No 2934, adopting a new Anti-Cruising Ordinance Mr Hargrow seconded the motion Mr Lathim informed Council that he went out over the weekend and cruised from 8 30 p m until 1 00 a m and found the youth to be very orderly. He felt that cruising was a constitutional nght and it would be wrong for the city to pass this ordinance Mr. Brian Davis, of 10319 Argent, spoke on behalf of the youth and stated that they wanted to be part of the solution, whether it be policing themselves, requiring a permit to cruise, etc He felt that if the youth don't have the ability to cruise and meet with their peers the only alternative would be to go to parties where alcohol would be served. MOTION Mr Lathim moved to table Ordinance No 2934 Mr. Jensen agreed with the sentiments of Mr. Lath= and Mr. Davis, however, felt it was important to address the issue of cruising on Court Street between 14th Avenue and 26th Avenue Mr. Garrison felt the effects of cruising, the detriment to neighborhoods, the amount of noise disturbing the residents during the summer months, and the litter needed to be stopped He felt the youth of the area would be unable to effectively police themselves Mr Jensen asked Mr Davis if his group would agree that the situation on Court Street is getting out of hand, is disruptive to business, and that it is necessary to ban cruising in that particular area with the understanding that the city would search for another area that would be less disruptive to the community? Mr Davis agreed that cruising does cause some problems, however, didn't feel it was so bad that it needed to be banned He would support anything that would stop the violence and other problems Mr Hargrow felt there was too much property damage and other disruptions happening in the surrounding neighborhoods because of the cruising on Court Street and, therefore, was in support of the ordinance Mr. Strode felt a citizens committee on this issue to generate input that could help to alleviate this problem was a good idea, however, wanted to point out that the ordinance before the Council does not ban cruising. The ordinance allows the Police Chief to determine that once a dangerous situation has developed that certain streets be treated differently to protect the citizens and allow emergency -8- vehicles access by preventing the roads from being blocked by too many vehicles in a given area Mr. Rubstello further explained that the ordinance establishes a procedure that would allow a cruising ban to take place on any street in the city, either by Council resolution designating a particular street as a problem street and prohibiting cruising, or by giving the Police Chief emergency powers to do this on a temporary basis Motion to table the ordinance failed to receive a second Onginal motion carried by the following roll call vote. Yes - Hargrow, Jensen, Strode, DeFelice, Gamson; No - Lath= Mr. Jensen proposed a committee with two citizens from business, two from government, four students, two parents, and two from young adults He asked Mr. Davis to compile a list of names representing the youth and young adults Resolution No, 2082 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DECLARING ITS INTENTION TO ORDER THE IMPROVEMENT OF FRONTAGE ROAD FROM HOPKINS STREET TO 20TH AVENUE, ROAD 24 FROM HOPKINS STREET TO LEWIS STREET, THE SOUTH SIDE OF LEWIS STREET FROM APPROXIMATELY 500 FEET WEST OF ROAD 24 TO 20TH AVENUE, AND THE WEST SIDE OF 20TH AVENUE FROM LEWIS STREET TO FRONTAGE ROAD AND TO CREATE A LOCAL IMPROVEMENT DISTRICT TO ASSESS A PART OF THE COST AND EXPENSE OF CARRYING OUT THOSE IMPROVEMENTS AGAINST THE PROPERTIES SPECIALLY BENEFITED THEREBY, AND NOTIFYING ALL PERSONS WHO DESIRE TO OBJECT TO THE IMPROVEMENTS TO APPEAR AND PRESENT THEIR OBJECTIONS AT A FiEARING BEFORE THE CITY COUNCIL TO BE HELD ON JUNE 7, 1993. MOTION Resolution No 2082, was read by title only. Mr Lathim moved to approve Resolution No. 2082, declaring the intention of the City of Pasco to create an L I D for the improvement of Frontage Road west of 20th Avenue, 24th Avenue between Hopkins Street and Lewis Street, and the south side of Lewis Street from a point 500 feet west of Road 24 to 20th Avenue and, further, setting June 7, 1993, at 8 00 p m, in the City Council Chambers as the time and place for a public heanng on this matter. Mr Strode seconded the motion. Motion earned unanimously. UNFINISHED BUSINESS None. NEW BUSINESS Expanded Imgation Water Feasibility Study. MOTION - Mr Garrison moved to authorize the Mayor to execute a contract with JUB Engineers, in the amount of $16,240, for the Irngation Feasibility Study Mr Jensen seconded the motion Motion earned unanimously by roll call vote of six (6) MISCELLANEOUS - INCLUDING SUGGESTIONS FROM COUNCIL* None. MINUTES REGULAR MEETING PASCO CITY COUNCIL MAY 17, 1993 9 MINUTES REGULAR MEETING PASCO CITY COUNCIL MAY 17, 1993 ADJOURNMENT. No further business, the meeting was adjourned at 10 31 P.M. ATTEST. I Catherine D Seaman Deputy City Clerk PASSED and APPROVED this day of , 1993 - 1 0 -