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HomeMy WebLinkAbout1996.06.17 Council MinutesMINUTES PASCO CITY COUNCIL REGULAR MEETING JUNE 17, 1996 CALL TO ORDER The meeting was called to order at 7 30 P M by Charles D Kilbury, Mayor ROLL CALL By Deputy City Clerk Councilmembers present Michael Garrison, Joe Jackson, Chris Jensen, Charles Kilbury, Rebecca Francik, and Carl Strode Councilmembers absent Dan Lathim Also present Gary Crutchfield, City Manager, Leland B Kerr, City Attorney, Dan Underwood, Fmance Director, Bob Alberts, Public Works Director, Dennis Wright, City Planner, Richard Smith, Community & Economic Dev Director, and Liesl Smith, Management Assistant Mayor Kilbury recessed to an executive session at 7 32 p m for discussion of legal matters and reconvened the regular meeting at 807 pm PLEDGE OF ALLEGIANCE The meeting was opened with the Pledge of Allegiance CONSENT AGENDA MOTION Mr Garrison moved to approve the Consent Agenda Seconded by Mr Jackson Motion carried unanimously Consent items are as follows A) Approval of Minutes To approve minutes of Regular Meeting held June 3, 1996 B) Bills and Communications To approve General Claims in the amount of $789,633 95 ($33,617 80 being in the form of Wire Transfer Nos 3085 and 3086, and $756,016 15 consisting of Claim Warrants numbered 97141 through 97343) C) METRO Drug Task Force Interlocal Agreement To approve the METRO Drug Task Force Interlocal Agreement and, further, authorize the Mayor to sign the agreement D) Resolution No 2256 To approve Resolution No 2256, fixing 730 p m, July 15, 1996, as the time and date for a public hearing to consider the proposed vacation E) Appointments to Planning Commission To concur in the Mayor's appointment of the following to the Planning Commission Kris Ann Kennedy to Position No 1, to a term which will expire on February 2, 1998 (filling Ron Mabry's unexpired term), Frederick C Rigwood to Position No 7, to a term which will expire on February 2, 2002, and Melodie A Selby to Position No 8, to a term which will expire on February 2, 2002 PROCLAMATION AND ACKNOWLEDGMENTS None VISITORS None MINUTES REGULAR MEETING PASCO CITY COUNCIL JUNE 17, 1996 REPORTS FROM COMMITTEES AND/OR OFFICERS Parks & Recreation Advisory Council Meeting, June 6, 1996 Ms Francik reported that the Parks & Rec Department has all summer programs underway B F Transit Board Meeting, June 13, 1996 Mr Garrison reported that Mr Doug Williams was recognized as the recipient of 1st place in the National Para-Transit Vehicle Competition in the 20' vehicle division A six-year transportation improvement program was approved PUBLIC HEARINGS Special Permit Sunderland Family Treatment Services location of a group care home at 1520 West Irving Street (MF #96-25-SP) MAYOR KILBURY DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE SPECIAL PERMIT FOR THE SUNDERLAND FAMILY TREATMENT SERVICES LOCATION OF A GROUP CARE HOME AT 1520 WEST IRVING STREET Mayor Kilbury stated that the transcnpts of the minutes of the Plannmg Commission meeting and the exhibits appurtenant thereto are hereby made part of the record of the hearmg Mayor Kilbury also stated that a letter from Mr & Mrs Floyd Bruner of 1509 West Irving Street, and a letter from Mr Tim Klashke, were made part of the record Mr Bill Morgan, of 1515 West Irving Street, spoke m opposition to the proposed special permit He felt that approving the special permit would negatively impact the area he lives in due to the increase in foot and vehicle traffic He also felt it would be placing senior citizens and children at nsk Ms Helen Gregson, of 1532 West Yakima Street, asked for an explanation of "mental illness" and what it would entail, specifically, would there by any danger posed to the citizens living in the area? Mr Tim Klashke, legal representative for Sunderland Family Treatment Services, presented an informational packet and asked that it be included in the record of the hearmg Mr Klashke explained that the proposed group home would serve the residential needs of seriously and severely disturbed minor children who have been pre-assessed and pre-classified as having a mental disorder under specific state guidelines and cntena As clearly established by the record compiled before the Planning Commission, Sunderland's proposed group home will provide residential shelter and care to minor children suffering from mental illnesses and disorders The pnmary focus of the home will be residential in nature -- i e, the home will provide a safe and secure residential setting for the children to eat, study, and sleep No less than two (2) fully trained professional staff-persons will provide the residential care and supervision on an uninterrupted 24-hour basis The home will be licensed to house a maximum of eight (8) children, ages 12 to 17 No child with a propensity for dangerous or violent behavior will be housed by the home, the home will not be used as an alternative to the placement of juvenile delinquents at the B F Juvenile Detention Center, as a juvenile delinquent half-way house, drop-in center, or alcohol and drug rehabilitation center All professional counseling and treatment programs will be conducted off-site, the children will not be permitted to have fnends visit, and strictly enforced rules will not allow smoking, loud music, noise, physical -2- MINUTES REGULAR MEETING PASCO CITY COUNCIL JUNE 17, 1996 or verbal aggression, or other potential nuisances to occur on the premises No physical alterations will need to be made to the home's extenor and it will appear physically indistinguishable from other single-family dwellings in the area and compatible with the surrounding neighborhood The impact of the home will not have any adverse impact on the stability of the neighborhood or on the value of neighborhood properties Mr Klashke stated that both the State and Federal legislation prevent the City from denying Sunderland Family Treatment Services the right to operate its proposed home Due to the home's residential nature and the fact that its resident-children will suffer from mental illnesses, the threshold issue becomes whether the Washington Housmg Policy Act (WHPA) and/or the Federal Fair Housing Amendments Act (FHAA) legally prevent the City from denying Sunderland the right to operate its proposed home or whether such legislation legally prevents the City from requiring that Sunderland obtain a SUP under these circumstances at all Sunderland believes the City cannot legally do so To summarize, both the WHPA and FHAA clearly make it illegal for the City to treat a residential structure occupied by handicapped individuals differently than it teats similar residential structures occupied by families or other unrelated individuals If the City denies Sunderland the right to operate its proposed home, the City will violate the anti- descnmmation provisions of the WHPA and FHAA by effectively treating Sunderland differently than others are treated Mr Bob Gregson, of 1532 West Yakima Street, spoke in opposition to the proposed special permit and was concerned for senior citizens living in the area Ms Jan Beattie, Executive Director for Sunderland Family Treatment Services, spoke in favor of the proposed group home She explamed the different types of mental illnesses the children would have She felt there is a need for this level of service to be available to the Tn-City community and she urged Council to approve the special permit Ms Micki Van Vons , of B F Human Services, spoke in favor of the proposed group home because there was a need for this type of service in the Tn-Cities Mr Dustin Hammerburg, of 1603 West Yakima Street, spoke in opposition of the proposed group home and felt it would create a number of problems for the neighborhood Ms Susanne Green, of 165 Eldorado, spoke in opposition of the proposed group home She stated that, from personal experience, she knows how hard it is to help just one troubled child She felt that to place up to eight (8) children m one home would be an extremely difficult situation, especially considering there would only be two (2) adults on the premises Following three (3) calls from Mayor Kilbury for comments from the floor, either for or against, the public hearing was declared closed MOTION Mr Jensen moved to table action on this matter until the regular meeting of July 15, 1996 Mr Strode seconded the motion Motion carned unanimously -3- MINUTES REGULAR MEETING PASCO CITY COUNCIL JUNE 17, 1996 Street Vacation - Overton Road from Road 68 Place to Road 60 in the vicinity of Sunny Meadows (MF #96-38-V) MAYOR KILBURY DECLARED THE PUBLIC HEARING OPEN TO VACATION OF OVERTON ROAD BETWEEN ROAD 68 PLACE AND ROAD 60 Mr Joseph Pizzarella, of 470 Overton Road, felt it was illegal for the owner/leasee to block off part of the road by planting potatoes without receiving permission from local property owners who would be affected He was not opposed to the proposed vacation of the road if all obligations were fulfilled, however, he felt that Road 60 was not bemg maintained properly Mr Victor Lentz, 211 Overton Road, spoke in opposition to the proposed vacation He felt the agreement with the developer was not fulfilled because a substandard gravel road was installed that, according to statements from staff, didn't have enough rock-base to hold a road Mr Lentz also stated that durmg events at TRAC the road is partially blocked by parked vehicles and is narrowed to a one lane road Mr Ronnie Dick, of 101 Curlew Lane, felt it would be appropnate for the developer to pave the road and eliminate the problems currently being expenenced by residents of the area Mr Crutchfield explained that he has spoken to staff to ensure that the road is graded monthly as agreed Following three (3) calls from Mayor Kilbury for comments from the floor, either for or against, the public hearmg was declared closed MOTION Mr Strode moved to table this item until the 3rd Monday in August, 1996 Ms Francik seconded the motion Motion carried (No - Jackson) Six-Year Transportation Plan 1997-2002 Mr Dennis Wnght, City Engineer, addressed Council and noted for the record that notice of the public heanng was published as required by law Mr Wnght explained that each year, all cities and counties in the State are required to adopt an updated Six-Year Transportation Improvement Program This year's program, in addition to the annual overlay program, contains several other miscellaneous programs including an annual storm dram program, miscellaneous street improvements program, and a miscellaneous street lighting program The purpose of inclusion of these miscellaneous programs is to provide for significant maintenance or alteration to the City's existing infrastructure An addition to the six-year program, which was not included in previous years, is the Gateway Beautification Program scheduled over the next three years Other projects within the first few years of this program include the burden Boulevard Improvements, the Multimodal Facility, the Hillsboro Interchange, and the maintenance and studies of the Lewis Street Underpass MAYOR KILBURY DECLARED THE PUBLIC HEARING OPEN TO CONSIDER ADOPTION OF THE CITY OF PASCO'S SIX-YEAR TRANSPORTATION IMPROVEMENT PLAN PROGRAM 1997-2002 -4- MINUTES REGULAR MEETING PASCO CITY COUNCIL JUNE 17, 1996 Following three (3) calls from Mayor Kilbury for comments from the floor, either for or against, and there bemg none, the public hearing was declared closed RESOLUTION NO. 2257 A RESOLUTION ADOPTING THE REVISED AND EXTENDED COMPREHENSIVE STREET, STORM DRAIN AND BRIDGE PROGRAMS FOR THE CITY OF PASCO MOTION Resolution No 2257, was read by title only Mr Gamson moved to approve Resolution No 2257, thereby adopting the City's Six- Year Transportation Improvement Program for 1997 through 2002 Mr Jensen seconded the motion Motion earned unanimously ORDINANCES/RESOLUTIONS NOT RELATED TO PUBLIC HEARINGS Ms Regina Goulet, of 4812 West Sylvester Street, felt that there were Councilmembers that displayed prejudice against any late model, single- wide manufactured homes She urged Council to accept the recommendation of the Planning Commission concerning square-footage limit, specifically, motion "A" ORDINANCE NO. 3157 AN ORDINANCE RELATING TO LAND USE AND ZONING AMENDING TITLE 22 BY ENACTING A NEW CHAPTER 22 37A DEALING WITH ZONING FOR FACTORY ASSEMBLED HOMES MOTION Ordinance No 3157, was read by title only Ms Franeik moved to adopt Ordinance No 3157, creating a new RMH-1A district as recommended by the Planning Commission, with modification to placement standards dealing with skirting and foundations, and authorize publication by summary Mr Jackson seconded the motion Motion carried (No - Strode) ORDINANCE NO. 3158 AN ORDINANCE RELATING TO ZONING AND CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY WITHIN THE CITY OF PASCO FROM RMH-1 (FACTORY ASSEMBLED HOME) DISTRICT TO RMH-1A (ALTERNATE FACTORY ASSEMBLED HOME) DISTRICT MOTION Ordinance No 3158, was read by title only Mr Jensen moved to adopt Ordmance No 3158, rezoning various RMH-1 (Factory Assembled Home) Districts to RMH-1A (Alternate Factory Assembled Home) Districts Mr Strode seconded the motion Motion carried unanimously RESOLUTION NO. 2258 A RESOLUTION PROVIDING FOR THE SEGREGATION OF ASSESSMENT FOR A CERTAIN PARCEL IN LID NO 126 MOTION Resolution No 2258, was read by title only Mr Garrison moved to approve Resolution No 2258, authorizing staff to segregate Account No 15 to LID No 126 Mr Jensen seconded the motion Motion earned unanimously UNFINISHED BUSINESS None -5- further business, the meeting was adjourned at 9 56 P M Charles D Kilbury, or MINUTES REGULAR MEETING PASCO CITY COUNCIL JUNE 17, 1996 NEW BUSINESS Professional Services Agreement with HDR Engineering, Inc for Industnal Wastewater Facilities, Phase II Permit MOTION Mr Gamson moved to approve the agreement with HDR Engmeenng, Inc for the Industrial Wastewater Facilities Phase II Permit and, further, authonze the Mayor to sign the agreement Ms Francik seconded the motion Motion earned by unanimous roll call vote Amendment No 1 to Road 44 Sewer Interceptor Professional Services Agreement MOTION Mr Garnson moved to authorize the Mayor to execute Amendment No 1 to the SCM Consultants, Inc Professional Services Agreement Mr Jackson seconded the motion Motion carried by unanimous roll call vote Acceptance of Easements for Sanitary Sewer at Ivy Glades MOTION Mr Jensen moved to accept the easements as granted by H/J Development Group for water, sewer, and access to the public utilities for Ivy Glades Mr Strode seconded the motion Motion earned unanimously Award of "B" Street Waterline MOTION Mr Garrison moved to award the contract for the"B" Street Waterline, Project No 96-2-03, to the low bidder, E P Johnson Construction, Inc , in the amount of $228,602 41 and, further, to authorize the Mayor to sign the contract documents and to include $80,000 in the 1996 Water/Sewer Fund Supplemental Budget Mr Jackson seconded the motion Motion earned by unanimous roll call vote Award of a Contract for the Lewis Street Underpass Repair MOTION Mr Garrison moved to award the contract for the Lewis Street Underpass Structure Repair, Project No 96-3-04, to the low bidder, Ray Poland and Sons, Inc , in the amount of $48,135 and, further, to authorize the Mayor to sign the contract documents Mr Jensen seconded the motion Motion earned by unanimous roll call vote MISCELLANEOUS - INCLUDING SUGGESTIONS FROM COUNCIL None ADJOURNMENT Al lEST Catherine D Seaman Deputy City Clerk PASSED and APPROVED this 1 day of JULY 1996 -6-