HomeMy WebLinkAbout03-05-1984 MinutesMINUTES
PASCO CITY COUNCIL
REGULAR MEETING
MARCH 5, 1984
CALL TO ORDER
Meeting called to order at 8 00 P M by Joe W Jackson, Mayor
ROLL CALL
By City Clerk Councilmen present were Susan Boothe, Beverly Green,
Charles Grigg, Ira Schmidt, E A Snider, Joe Jackson and Emerson Morgan
Also present were Lee Kraft, City Manager, Greg Rubstello, City Attorney,
Jerry C Conner, Acting Finance Director; Dennis Wright, City Engineer,
Donald Francis, Chief of Police, Larry Dickinson, Acting Fire Chief, Gary
Crutchfield, Director of Community Development, and Webster Jackson, Personnel/
Purchasing Supervisor
I
CONSENT AGENDA
Mr Snider moved to approve Consent Agenda with the exception of 3-D,
Water Filtration Plant Site, which will be considered under Unfinished
Business Seconded by Mrs Boothe Motion carried Consent items are as
follows
a) Approval of Minutes To approve minutes of regular meeting, held
February 21, 1984
b) Bills To approve General Claims in the amount of $43,561 62; claim
warrant nos 37795 through 37864
c) Fourth Avenue (Sylvester to Court) Proposal to Modify Existing Roadway
from Two Lanes to Four Lanes by Eliminating Parking on each Side of the
Street and Certain Parts of West Side To set a public hearing for 8 00 P M ,
Monday, April 2, 1984, to consider eliminating certain portions of the
on-street parking on Fourth Avenue, between Shoshone and Court Streets,
for the purpose of providing sufficient width to allow the roadway to be III
marked as four lanes, together with left turn pockets at specified
intersections, and to realign the intersection of Third and Fourth
Avenues, and to notify all property owners who would stand to lose
on-street parking, or who would have restrictions imposed on ingress
and egress
d) Senior Center Completion Fund Drive To confirm the support of the
Council in the efforts of the Pasco/Franklin County Senior Citizens
Association to raise roughly $350,000 in private donations for the
expansion of the Senior Center
e) Appointments to Park/Recreation Advisory Council To confirm the
Mayor's reappointment of Tom Brandon and Dave Primus to the Park and
Recreation Advisory Council, to three year terms of office which would
both expire on February 2, 1987
f) Resolution No 1622 A Resolution accepting the work performed by
Ray Poland and Sons Construction, Inc , under Contract with the City
for construction of the East Pasco Booster Station and Raw Water
Improvements, being City Project Nos 81-2-07 and 78-2-06
g) Resolution No 1623 A Resolution fixing the time and place for a
public hearing to consider vacation of a certain alley in Block 21,
Wehe's First Addition (Ephesus Church Alley Vacation)
h) Resolution No 1624 A Resolution accepting the work by Transtate
Paving Company, under contract for Project No 83-3-03
1) Columbia Basin Shrine Club - Waiver of City Admission Tax To waive
the City Admission Tax for two performances of the Gold Unit of the
Hubert Castle International 3-Ring Circus, to show at the Edgar Brown
Stadium on Thursday, June 28, 1984, at 4 30 P M and 8 00 P M
I
Page Two
MINUTES
PASCO CITY COUNCIL
REGULAR MEETING MARCH 5, 1984
VISITORS
Mr Robert Davis, Manager of Sun Dial Apartments, 821 S 9th, asked why the
City could not tow away vehicles blocking private driveways properly posted,
and further, why did it take an hour for Police to respond to a complaint
Staff replied that laws are rather explicit what can or cannot be done in
regard to vehicles blocking driveways Further, they were working on new
language and Chief Francis was working with towing companies for a solution
to problem
Mr Davis agreed to meet with City Attorney and City Manager to resolve
differences
ORDINANCES/RESOLUTIONS NOT RELATED TO PUBLIC HEARINGS
ORDINANCE NO 2490
AN ORDINANCE AMENDING TITLE 22, ZONING, BY ENACTING A NEW CHAPTER
22 35 ENTITLED "HOME OCCUPATIONS" AND REPEALING PMC SECTION 22 12 390
Ordinance No 2490 was read by title only Mr Schmidt moved to adopt
Ordinance No 2490, amending Title 22, ZONING, by enacting a new Chapter
22 35 entitled "Home Occupations" and repealing PMC Section 22 12 390 Seconded
by Mr Snider Motion carried by roll call vote of six (6) Councilperson
Green voting no
- Mr Grigg moved to adopt Summary of Ordinance No 2490, relating to "Home
Occupations " Seconded by Mrs Boothe Motion carried by roll call vote
of seven (7)
UNFINISHED BUSINESS
Water Filtration Plant Site - Proposed Installation of Curb/Gutter and Sidewalk
Mr. Earl Warren was recognized and asked why the City was going to incur expense
of putting curb, gutter and sidewalk in an area where there had been no problem
He felt $20,000 could be better spent somewhere else
The City Manager replied that money was coming from Water/Sewer Fund and it
could not be spent for parks or social agencies
Mr. Grigg defended improvement because the grass was growing in the street and
he felt the City had an obligation to provide a safe place for children to play
Mr Grigg moved to authorize staff to finalize plans and call for bids to
install curb, gutter and sidewalk on the Water Treatment Plant side of each
of the four streets adjacent to the Water Filtration Plant Seconded by Mr
Schmidt. Motion carried
NEW BUSINESS
Request from Benton-Franklin Rape Relief & Sexual Assault Program Mrs Linda
Clarkson was present and distributed copies of their budget as well as brochures
detailing their program. She enlightened the Council on traumatic experiences of
victims and was enthusiastic about their new "Child Awareness" Program dealing with
sexual abuse Mrs Clarkson was hopeful that funds might be available from the
City of Pasco to assist in continuing their program
Mr Snider commended Mrs Clarkson and her staff for their worthwhile project,
however, our 1984 Budget was extremely tight and there were no funds available
at this time He encouraged her to submit her request in time for preparation
of 1985 preliminary budget
Bid Results - Liquid Chlorine Mr Grigg moved to award bid for the furnishing
of liquid chlorine to the City of Pasco to All Pure Chemical Company for one
year. (February 22, 1984 to Februa-y 19, 1985) Seconded by Mr Schmidt
Motion carried
Page Three
MINUTES
PASCO CITY COUNCIL
REGULAR MEETING MARCH 5, 1984
NEW BUSINESS - Continued
Consolidation Petitions The City Attorney, Greg Rubstello, was recognized
and gave highlights of his opinion on the petitions for consolidation and
reasons for rejection of same Basically, they are as follows
1 The failure of the initiators of the petition to file a
Notice of Intention with the Franklin County Boundary Review
Board defeats the jurisdiction of the Pasco City Council to
entertain the petition This jurisdictional defect cannot be
"sidestepped" by the joint Resolution method of consolidation
2 HB 1435 is unconstitutional and void The legislation is in
contravention of two articles of the Washington State Constitution
which prohibits the creation of municipal corporations by special
laws HB 1435 is further unconstitutional for the reason that the
provision for a 21-member city council is patently unconstitutional,
because it violates the one man, one vote requirements of our Federal
and State constitutions
3 The petition requests consolidation pursuant to Chapter 35 10 RCW,
but the petition submitted is materially insufficient under that
Chapter for the reason that it fails to provide in any manner for the
form of government of the consolidated city
4 Because the legislation leading to HB 1435 being adopted was
introduced during the pendency of the consolidation petition drive,
the petition language was misleading to its signators, thus making
the petitions fatally defective and foreclosing jurisdiction of the
City Council to call for a special election
Mr Rubstello concluded his opinion with the following statement
"The end result is that a petition for consolidation has been filed
with the Pasco City Council that you cannot act upon because of a lack
of jurisdiction due to the failure of the initiators of the petition to
comply with statutory prerequisites and the insufficiency of the petition
itself To act upon the petition as requested by its proponents could
create an intolerable situation If the election were to be held and
consolidation were to be approved, any action of the governing body of the
new consolidated city could be challenged and voided at any time because
of the voidness of the new corporation itself For example, see Town of
Denver vs Spokane Falls, 7 Wash 226 (1893)
I recommend, however, because of the notoriety of this matter, the
confidence that I have in the opinions that I have given you and the cries
of "obstructionism" that surely will be made, that the City of Pasco with
or without the support of Kennewick and Richland, immediately file a
Declaratory Judgement Action in the Superior Court to obtain a judicial
determination of the issues that I have raised and discussed in this opinion
In conclusion, let me say that I truly regret having to give the opinions
with regard to the sufficiency of the petition that I have made in this
opinion It is unfortunate that such things have to be said about a petition
that has been signed by voters of this city and about legislation that has
been passed by the State Legislature with the support of some local area
legislators It was not I, however, nor this City Council, nor our Mayor,
nor our City Manager, that put this petition before our citizens for signature
or the legislation before our legislators for passage For that, I am glad
I only have to explain how I put such a petition before our citizens for
signatures or put such legislation before our State legislators for passage
Those that did will have the much tougher job or the much more unpleasant
ii task of explanation
Therefore, he urged rejection of petition, as submitted
No further business to come before
,
ATTEST
, City Clerk
PASSED and APPROVED this //, day
he Council, meeting adjourned at 9 10 P M
Page Four
PASCO
REGULAR MEETING
CONSOLIDATION - Continued
MINUTES
CITY COUNCIL
MARCH 5, 1984
I
Mr Snider moved to reject the consolidation petitions, submitted to
the City Council of Pasco, on the advice of the City Attorney, because the
jurisdictional prerequisites of law relating to the filing of the petition
have not been met Seconded by Mr Schmidt Motion carried by roll call vote
of seven (7)
Mr. Snider moved to direct the City Attorney, in concert with City Manager,
to go to the Superior Court of Franklin County and seek an immediate
Declaratory Judgement on the determination of the legal issues raised in the
City Attorney's opinion and, further, that the Cities of Kennewick and
Richland be invited to join in this action, if by Friday of this week it is
their determination to do so Seconded by Mrs Green
Mr Ed Hendler felt that proponents (Tri Citians for Strength Through Unity)
should take this action and bear necessary expense in this issue He disagreed
with recommendation that the City be plaintiffs in such Declaratory Judgement
The City Attorney reiterated that we would be involved in any event Further,
we needed some clear direction and we would control proceedings if it went
to litigation
Councilman Grigg suggested that the
Staff replied that further informat
kept informed
City Council make the necessary decision
on is forthcoming and the council will be
Councilman Snider moved to withdraw his motion with concurrence of his second,
Beverly Green Mrs Green concurred to withdraw her second
Mr Ed Martin, Kennewick, Washington, voiced strong disapproval of consolidation
on the basis that people were not fully aware of what they were signing when
they signed petitions
ADJOURNMENT
I