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Home My WebLink About1997.11.17 Council MinutesMINUTES PASCO CITY COUNCIL REGULAR MEETING NOVEMBER 17, 1997 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 Jenson, Charles Kilbury, Dan Lathim, Rebecca Francik, and Carl Strode Also present Gary Crutchfield, City Manager, Leland B Kerr, City Attorney, Dan Underwood, Finance Director, Bob Alberts, Public Works Director, Dave McDonald, City Planner, Dick Erickson, Parks 86 Rec Director, Richard Smith, Community 86 Economic Dev Director, Tim Arntzen, Management Assistant, and Kurt Luhrs, Personnel/Risk Manager PLEDGE OF ALLEGIANCE The meeting was opened with the Pledge of Allegiance CONSENT AGENDA MOTION Mr Garrison moved to approve the Consent Agenda Mr Lathim seconded the motion Motion carried unanimously Consent items are as follows A) Approval of Minutes To approve minutes of Regular Meeting held November 3, 1997 B) Bills and Communications To approve General Claims in the amount of $705,161 86 ($100,682 81 being in the form of Wire Transfer Nos 3112 through 3114, and $604,479 05 consisting of Claim Warrants numbered 105014 through 105194) C) Resolution No 2343 To approve Resolution No 2343, authorizing a waiver of sewer requirement D) Sale of Surplus Vehicles To declare the five (5) vehicles listed below surplus to City needs and authorize staff to sell them "as is" and "where is" subject to the stated minimum bid, and to determine an appropriate method of sale Quantity Year Make Minimum Bid 1 1984 Olds Cutlass 4D $200 1 1988 Ford Tempo $D 200 1 1979 Chev Camaro 200 1 1979 Chrysler Le Barron 4D 100 1 1985 Nissan Pickup 100 E) Resolution No 2344 To approve Resolution No 2344, supporting the Benton-Franklin County Health District's request for additional state funding F) Resolution No 2345 To approve Resolution No 2345, supporting legislation clarifying that current federal law does not preempt state and local environmental and land use law with regard to railroads MINUTES REGULAR MEETING PASCO CITY COUNCIL NOVEMBER 17, 1997 G) Resolution No 2346 To approve Resolution No 2346, authorizing the transfer of $35,000 from the Contingency Fund to the General Fund for the purpose of installing backflow prevention devices on park facilities water systems H) Resolution No 2347 To approve Resolution No 2347, supporting the 1998 Year of the River I) Update of Park and Recreation System Plan To authorize the City Manager to enter into an agreement with JC Draggoo and Associates, Inc for the purpose of updating the Comprehensive Park and Recreation System Plan J) After School Program To authorize the City Manager to sign an Interlocal Cooperation Agreement with the Pasco School District for the purpose of conducting a year round after school and summer program K) Acceptance of Quit Claim Deed from Frances C Thomas To accept the Quit Claim Deed as granted by Frances C Thomas L) Acceptance of Temporary Utility Easement - Waterline along west and north boundaries of Airport To accept the Temporary Utility Easement as granted by the Port of Pasco - Airport M) Acceptance of Permanent Utility Easement - Waterline along west and north boundaries of Airport To accept the Permanent Utility Easement as granted by the Port of Pasco - Airport PROCLAMATIONS AND ACKNOWLEDGMENTS None VISITORS None REPORTS FROM COMMITTEES AND/OR OFFICERS PUBLIC HEARINGS Special Permit Location of RV Park on Sandifur Parkway (Martin Trust #1) (MF #97-75-SP) (Continued from October 20, 1997 regular meeting ) MAYOR KILBURY CONTINUED THE CLOSED RECORD HEARING 0 N THE LOCATION OF AN RV PARK ON SANDIFUR PARKWAY Mr David McDonald, City Planner, addressed Council and noted for the record that notice of the closed record hearing was published as required by law Mr McDonald reported that the Planning Commission conducted several hearings to determine whether or not to recommend a special permit for the proposed RV park on Sandifur Parkway On September 18, 1997, the Commission reasoned that, with conditions, the property could be utilized for an RV park, without detriment to the community if the approval included 9 conditions _ 2 - MINUTES REGULAR MEETING PASCO CITY COUNCIL NOVEMBER 17, 1997 Following calls from Mayor Kilbury for questions from the Council, the hearing was declared closed MOTION Mr Strode moved that the City Council deny the special permit for the Martin RV Park based on the following findings 1) The proposal is inconsistent with Comprehensive Plan Policy LU- 4-B which encourages concentration of commercial activities which are functionally and economically beneficial to each other, 2) Is inconsistent with portions of Volume II of the Comprehensive Plan (pages 27-39) which encourages regional retail activities within the 1-182 corridor, 3) Would greatly increase the percentages of large vehicles and trailers utilizing an arterial designed and intended primarily for automobile traffic, 4) Does not benefit from close proximity to recreational, food or fueling facilities Mr Lathim seconded the motion Motion carried unanimously Code Amendment Adult Entertainment Facilities (MF #96-100-CA) Mr David McDonald, City Planner, addressed Council and noted for the record that notice of the public hearing was published as required by law Mr McDonald submitted for the record a previous memo entitled, "Adult Entertainment Facilities" sent by him to Mr Smith and Mr Crutchfield for the Council Mr McDonald submitted an outline, for the record, of the materials, studies, ordinances, court cases, video tapes and other information used by the Planning Commission in their deliberations Mr McDonald then submitted and gave a brief outline of the contents of a letter from Gretchen Sewart addressed to the Council Ms Sewart's letter expressed her concerns regarding several items she felt should be defined by the ordinance to protect the public MAYOR KILBURY DECLARED THE PUBLIC HEARING OPEN TO CONSIDER CODE AMENDMENT FOR ADULT ENTERTAINMENT FACILITIES Mr Fred Nimmo, of 1915 W Hopkins Street, spoke against the proposed changes concerning adult entertainment facilities, preferring such businesses not be permitted under any circumstances Following three (3) calls from Mayor Kilbury for comments from the floor, either for or against, the public hearing was declared closed Mr Strode asked if his understanding was correct regarding actions being taken regarding adult entertainment facilities, that Council was merely making modifications and refining existing code as it applies to current businesses in the City of Pasco"? Staff replied affirmatively ORDINANCE NO. 3260 AN ORDINANCE RELATING TO COMPREHENSIVE LAND USE PLANNING AND AMENDING THE COMMUNITY DEVELOPMENT POLICY PLAN -3- MINUTES REGULAR MEETING PASCO CITY COUNCIL NOVEMBER 17, 1997 MOTION Ordinance No 3260 was read by title only Mr Garrison moved to adopt Ordinance No 3260, amending the Pasco Comprehensive Plan by creating policies and providing additional background information on adult entertainment facilities and authorize publication by summary Mr Lathim seconded the motion Mr Crutchfield noted for the record that the ordinance is presented in the form of an emergency ordinance and asked that it be passed as such, which requires 5 votes Motion carried unanimously ORDINANCE NO. 3261 AN ORDINANCE RELATING TO ZONING AND AMENDING PMC TITLE 22 REGULATING ADULT ENTERTAINMENT FACILITIES WITHIN THE CITY OF PASCO MOTION Ordinance No 3261 was read by title only Mr Garrison moved to adopt Ordinance No 3261, amending PMC Title 22 (Zoning) by modifying provisions for adult entertainment facilities and authorize publication by summary Mr Lathim seconded the motion Motion carried unanimously ORDINANCE NO. 3262 AN ORDINANCE RELATING TO BUSINESS LICENSES AND AMENDING PMC TITLE 5 DEALING WITH THE LICENSING OF ADULT ENTERTAINMENT FACILITIES WITHIN THE CITY OF PASCO MOTION Ordinance No 3262 was read by title only Mr Garrison moved to adopt Ordinance No 3262, amending Title 5 (Business Licenses) by repealing Chapters 5 26 and 5 64 and enacting a new Chapter 5 27 dealing with adult entertainment facilities and authorize publication by summary Mr Lath= seconded the motion Motion carried unanimously ORDINANCES/RESOLUTIONS NOT RELATED TO PUBLIC HEARINGS ORDINANCE NO. 3263 AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING PASCO CITY VIEW CEMETERY FEES AND CHARGES AMENDING PMC 248 160 (BURIAL - GENERAL), 248 180 (CHARGES FOR LOTS), 248 190 (CHARGES FOR ENDOWMENT CARE - USE OF PROCEEDS), 2 48 200 (CHARGES FOR BURIAL), 2 48 210 (CHARGES FOR CONCRETE LINERS AND CONCRETE GRAVE BOXES), 2 48 220 (CHARGES FOR CONCRETE MARKERS), 2 48 230 (CHARGES FOR SETTING PERMANENT MEMORIALS), AND 2 48 240 (CHARGES FOR PERMANENT VASES) MOTION Ordinance No 3263 was read by title only Mr Garrison moved to adopt Ordinance No 3263, increasing fees at Pasco City View Cemetery Mr Lathim seconded the motion Motion carried unanimously -4- Char es D Kilbury, ayor MINUTES REGULAR MEETING PASCO CITY COUNCIL NOVEMBER 17, 1997 ORDINANCE NO. 3264 AN ORDINANCE CONCERNING THE TIME OF MEETING OF THE CITY COUNCIL, AND AMENDING SECTION 2 02 010 OF THE PASCO MUNICIPAL CODE MOTION Ordinance No 3264 was read by title only Mr Garrison moved to adopt Ordinance No 3264, changing the time of meeting of the City Council Mr Lathim seconded the motion Motion carried unanimously UNFINISHED BUSINESS None NEW BUSINESS None MISCELLANEOUS - INCLUDING SUGGESTIONS FROM COUNCIL Mr Crutchfield clarified for Council that Ordinance No 3264 would be published November 23, 1997 and become effective five days later Mayor Kilbury recessed to an executive session for the purpose of discussing a legal matter and real estate ADJOURNMENT No further business, the meeting was adjourned at 7 54 P M ATTEST Catherine D Seaman Deputy City Clerk PASSED and APPROVED this 1 day of December , 1997 -5-