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HomeMy WebLinkAbout1992.11.02 Council MinutesMINUTES PASCO CITY COUNCIL REGULAR MEETING NOVEMBER 2, 1992 CALL TO ORDER The meeting was called to order at 8 00 P M by Joyce DeFelice, Mayor ROLL CALL. By Deputy City Clerk Council Members present were Joyce DeFelice, Michael Garnson, Edgar Hargrow, Chris Jensen, Charles Kilbury, Dan Lathim, and Carl Strode Also present were Gary Crutchfield, City Manager; Greg Rubstello, City Attorney, Dennis Wnght, City Engineer, Don Francis, Police Chief, Dave McDonald, Director of Community Development, and Kurt Luhrs, Administrative Assistant. PLEDGE OF ALLEGIANCE The meeting was opened with the Pledge of Allegiance CONSENT AGENDA MOTION Mr Garnson moved to amend Consent Agenda Item 3-L to include Mr C Clare Cranston and Mr Dennis Smyrthwaite in the At- Large positions and to include the revised Resolution No 2041 Mr Jensen seconded the motion. Motion earned MOTION. Mr Garnson moved to approve the Consent Agenda Seconded by Mr Jensen Motion carried Consent items are as follows. A) Approval of Minutes To approve minutes of Regular Meeting held October 19, 1992. B) Bills and Communications. To approve General Claims in the amount of $318,296 47 ($31,592 75 being in the form of Wire Transfer Nos 2767 and 2768; and $286,703 72 consisting of Claim Warrants numbered 78778 through 78943) Payroll Claims To approve Payroll Claims in the amount of $636,509 05, Payroll voucher Nos 27615 through 27805, 27806 through 27994, and 27995 through 28182 C) Environmental Engineering Consulting Services To approve the agreement for professional services with Scientific Ecology Group, Inc., and authonze the City Manager to sign the agreement D) Disability Insurance for Reserve Police Officers To authorize the City manager to cause the purchase of disability insurance for the Pasco Police Reserve Unit through the International Reserve Law Officers' Association, at a cost not to exceed $2K E) Agreement for Indigent Defense Services To approve the professional services agreement with Linda Waite and Phillip Rodriguez to provide indigent defense services for calendar year 1993 and authorize the Mayor to sign the agreement F) Fixing Public Hearing - Appeal of Planning Commission's Recommendation (MF #92-48-PP) To fix 8 00 p m, Monday, November 16, 1992, as the time and date to consider the Sener Appeal. - G) Side Yard Setback Code Amendment (MF #92-54-CA) To set 8 00 p m, Monday, November 16, 1992, as the time and date to hold a MINUTES REGULAR MEETING PASCO CITY COUNCIL NOVEMBER 2, 1992 public hearing to consider amending the side yard setbacks in the RMH-1 zoning district H) Fixing Public Hearing - Appeal of Planning Commission's Recommendation (MF #92-46-Z) To fix 8 00 p m, Monday, November 16, 1992, as the time and date to consider the Kidwell Appeal. I) Seventh Day Adventist Hispanic Church (MF #92-52-SP) To approve a special permit for the location of the Seventh Day Adventist Hispanic Church on Lots 5 and 6, Sydney's Addition, as recommended by the Planning Commission J) Caretaker's Facility in I-1 Zone (MF #92-51-SP) To approve a special permit for the location of a caretaker's facility on Lot 3, Short Plat 83-10, as recommended by the Planning Commission K) Resolution No 2041 To approve Resolution No 2041, requesting a delay in the issuance of the Final Environmental Impact Statement for the Hanford Reach of the Columbia River L) Property Maintenance Standards Task Force Appointments To confirm the Mayor's appointment of the following individuals to the Property Maintenance Standards Task Force established under Resolution No 2037 City of Pasco Councilmember Chns Jensen Councilmember Dan Lathim Chamber of Commerce. Tom Corley Spencer S Jilek Mike Rutkauskus _ PDDA. Kevin Williams Joe Pryce At-Large C Clare Cranston At-Large Dennis Smyrthwaite PROCLAMATION AND ACKNOWLEDGMENTS None VISITORS None REPORTS FROM COMM1 i ik,ES AND/OR OFFICERS Mayor's Activity Report Mayor DeFelice on October 21, gave a welcome address to the Planning Association of Washington On October 23, attended an exit conference with the State Auditor On October 28, went on a tour of Hanford, which was arranged specifically for city officials On October 30, met with the Mayors and Commission Chairs of Benton and Franklin Counties with the purpose being to discuss and identify common legislative issues to come up with a specific agenda and method of lobbying the Legislature -2 MINUTES REGULAR MEETING PASCO CITY COUNCIL NOVEMBER 2, '1992 On October 31, participated in a parade to attract attention to the TRAC Proposition that was on the ballot with Councilmembers Lathim and Kilbury. TRIDEC Board Meeting - October 22. 1992 Mayor DeFelice reported that there was an update on the Pasco Processing Center given by John Lindsay. TRIDEC building was refinanced and is currently under refurbishment No Renaissance funds will be used for this project There will be a policy dinner on health care December 9, 1992 B F Health Board Meeting - October 22. 1992 Mr Strode reported that the main topic of discussion was the approval of the 1993 budget The funding of the Emergency Medical Services Coordinator was discussed It was decided that since this position is not a mandated service by the State Board of Health that the local Board of Health would not approve this or continue to fund the position. B F Regional Council Meeting - October 23. 1992. Mr. Kilbury reported that vouchers for the month of October were approved The Council endorsed the Head-Start Program and Retired Senior Volunteer Program The High Speed Ground Transportation Study will be presented to the Transportation Commission There were two loan requests approved for Manufacturing Services and Bettendorffs Printing Tn-Cities Visitor & Convention Bureau Board Meeting - October 27. 1992 Mr Strode reported that there were several reports from staff and members of the Board There was an extensive report given by the Executive Director regarding the tourism conference that was recently held There were approximately 170 who attended PUBLIC HEARINGS Kidwell Rezone R-T (Residential Transitional) to C-3 (General Commercial) (MF #92-27-Z): Mr Dave McDonald reported for the record that staff did cause notice to be published in the Tn-City Herald Mr. McDonald explained that he met with the applicant earlier in the day about the proposed requested rezone and through the discussion the applicant expressed a desire to postpone the hearing for another six weeks In reviewing the new Business Park zoning regulations the applicant discovered that a larger area would be required per zoning district than what he has proposed Mr McDonald explained that it was staffs recommendation that the Council should act on the proposed rezone or that the applicant should withdraw his application. By withdrawing the application the applicant wouldn't be forced to wait a year before being allowed to ask for a rezone of the proposed area Mr Kidwell addressed Council and requested that his application for a rezone from R-T (Residential Transitional) to C-3 (General Commercial) be withdrawn. Mayor DeFelice acknowledged the withdrawal of the application, ending further consideration 1992 Block Grant Program Amendment Mr Dave McDonald reported for the record that staff did cause notice to be published in the Tr-- City Herald -3 MINUTES REGULAR MEETING PASCO CITY COUNCIL NOVEMBER 2, 1992 Mr McDonald explained Council had before them a proposal to amend the 1992 Block Grant Program to include funding for a study to look at city-owned properties and buildings for conformance with the ADA (Americans With Disabilities Act) as adopted last year by the federal government It's anticipated that this study will cost approximately $15,000 Because this study and the related activities that would follow would benefit handicapped individuals it is eligible for Block Grant funding Staff is recommending that the Block Grant budget for 1992 be amended to include the $15,000 to complete the study The additional funds are available as a result of program income during the year MAYOR DEFELICE DECLARED THE PUBLIC HEARING OPEN TO CONSIDER AMENDING THE 1992 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM TO INCLUDE FUNDING FOR AN ADA (AMERICANS WITH DISABILITIES ACT) STUDY Following three (3) calls from Mayor DeFelice for further comments from the floor, either for or against, the public hearmg was declared closed Resolution No. 2042 A RESOLUTION AMENDING THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BUDGET FOR THE CITY OF PASCO, WASHINGTON MOTION Resolution No 2042, was read by title only Mr Garrison moved to adopt Resolution No 2042, amending the 1992 Block Grant Program of the city Mr Lathim seconded the motion Motion carried. Amy Lopez' Request for Reinstatement of Business Licensing Pnvilege Ms Amy Lopez, of 314 Road 34, addressed Council and expressed her desire to have her business license privilege reinstated Mr Rubstello explained that it has been five years since Council revoked Ms Lopez' pnvilege to conduct business in Pasco Staff feels that five years was not that long ago and finds it hard to get away from the conduct of that time and what occurred At that time, Ms Lopez was operating the El Barralito Restaurant when it came under the scrutiny of the Pasco Police Department and the METRO Drug Task Force Unit Ms Lopez was found to be directly involved with dealing drugs at the business. She was not only dealing in drugs she was also accepting stolen property in payment for drugs, thus she facilitated other illegal conduct Search warrants were served on the business and officers found U S Government cheese that was being given out on a program designed to help low income families Following conviction, the City Council revoked Ms Lopez' license Mr Rubstello explained that staff feels that if Ms Lopez could show that she has engaged m her previous business of being a restaurant owner somewhere else, shown she was able to handle the responsibility of a business license and not remvolve herself in illegal conduct it would show her commitment to rehabilitating herself Staff recommends to deny Ms Lopez' request because of the senousness of her conduct and the lack of a real showing that she's able to handle the responsibility of this type of license if it's given to her again Chief Francis added that the city's anti-crime effort, which began in 1987 has been very effective Many businesses that have been involved -4 -; MINUTES REGULAR MEETING PASCO CITY COUNCIL NOVEMBER 2, 1992 in cnminal activities have been closed down over the years and feels that it would be counter-productive to start undoing this by re- instating the privilege of having a business license He strongly urged Council to deny this request MAYOR DEFELICE DECLARED THE PUBLIC HEARING OPEN TO CONSIDER AMY LOPEZ' REQUEST FOR REINSTATEMENT OF BUSINESS LICENSING PRIVILEGE The following persons addressed Council and spoke on behalf of Ms Lopez' business license pnvileges being restored as they felt she has paid her debt to society and should be given a chance to prove herself Mr Frank Salazar, of 1321 West Sylvester Street. Mr Joe Palomarez, of 1141 Pasco/Kahlotus Highway Mr Wayne Wilson, of 3291 Dent Road Mr Alvin Lopez, of 4441 Pasco/Kahlotus Highway. Ms Minnie Pesina, address not given Ms Minerva Esparza, of 104 South 7th Lane. Ms Rosita Gonzalas, of Walla Walla. Mr (unclear) Rones, of Walla Walla Ms Caroline Lopez, of 4441 Pasco/Kahlotus Highway Mr Lathim explained to Ms Lopez that this was a difficult decision for the Council to make and he wanted to know a little more about her Mr Lathim asked Ms Lopez what she was doing right now? Ms Lopez explained that she is running a restaurant as a manager, which includes doing the menu and handling the money, for a gentleman who has moved to Walla Walla Mr. Lath= asked Ms Lopez what her plans for the future were? Ms Lopez stated that she wants to cook and again own her own restaurant, as has been her dream all along Ms Lopez stated that she knows she did wrong, that she has stayed home until recently because she was ashamed of what she had done, that she has paid her debt to society and she would like to work to help her husband. Following three (3) calls from Mayor DeFelice for further comments from the floor, either for or against, the public hearing was declared closed Mr Garrison stated that he finds it very difficult to approve the reinstatement of Ms Lopez' licensing pnvileges Mr Jensen stated that the city's anti-crime effort has paid big dividends and he feels that reinstating Ms Lopez' licensing privileges, even though she may be rehabilitated and be back on the nght path, would send a message that would be counter-productive at this time Mr Hargrow stated that he was torn between emotions on this issue However, he feels that society, when it makes a statement that it cannot forgive a person, it's usually a death sentence He feels that every person deserves a second chance and that this wouldn't be a step in the wrong direction That a positive message can be sent that if a person keeps their record clean there will be a city somewhere that has sensitivity enough to give a second chance Mr. Kilbury stated that there is a limit to how long someone can have something held against them when they have paid their debt to society and felt Ms Lopez should have her privileges reinstated However, he wanted some conditions put in place -5- $,„..r.A;,:{ # MINUTES REGULAR MEETING PASCO CITY COUNCIL NOVEMBER 2, 1992 MOTION Mr Jensen moved to deny this request for reinstatement of the business licensing privilege of Amy Lopez in Pasco Mr Garrison seconded the motion Mayor DeFelice declared a recess at 9 01 p m to allow the Council the opportunity to consider the proposed motion very carefully Mayor DeFehce reconvened the meeting at 9 05 p m Motion failed by roll call vote of 5-2 MOTION. Mr. Kilbury moved to restore the business license privilege with conditions to be developed by the Council during the course of the next two weeks. Mr Jensen didn't feel that Council could act on a motion not knowing what that motion is in it's totality Motion failed due to lack of a second MOTION. Mr Hargrow moved to reinstate Ms. Lopez' licensing privilege under the conditions of a one year probation Mr Kilbury seconded the motion MOTION Mr Garrison moved to post-pone this issue and refer it to staff to provide some guidelines for possible restrictions Mr Kilbury seconded motion Motion carried. ORDINANCES/RESOLUTIONS NOT RELATED TO PUBLIC HEARINGS Ordinance No. 2893 AN ORDINANCE CONCERNING DOMESTIC VIOLENCE AND ANTI-HARASSMENT ORDERS ISSUED BY FRANKLIN COUNTY COURTS MOTION Mr Garrison moved to table the ordmance until there is a firm financing plan for the expansion of Municipal Court time Mr Strode seconded the motion Motion carried Ordinance No. 2898 AN ORDINANCE RELATING TO PARKING ON 5TH AVENUE, AND AMENDING SECTION 10 56 080 AND 10 56 110 OF THE PASCO MUNICIPAL CODE. MOTION Ordinance No 2898, was read by title only Mr Hargrow moved to adopt Ordinance No 2898, eliminating parking on the west side of 5th Avenue between Park and Octave Streets and removing parking restrictions on the east side of 5th Avenue between Park and Octave Streets Mr Garrison seconded the motion Motion earned Ordinance No. 2899 AN ORDINANCE RELATING TO PARKING 4TH AVENUE AND AMENDING SECITON 10 56 110 OF THE PASCO MUNICIPAL CODE MOTION Ordinance No 2899, was read by title only. Mr Jensen moved to adopt Ordinance No 2899, amending the Pasco Municipal Code to allow parking on the southerly portion of 4th Avenue between Columbia Street and Lewis Street Mr Lathim seconded the motion Motion carried. Felice, Mayor MINUTES REGULAR MEETING PASCO CITY COUNCIL NOVEMBER 2, 1992 ' Ordinance No. 2900 AN ORDINANCE RELATING TO PARKING ON 4TH AVENUE AND ON LEWIS STREET, AND AMENDING SECTION 10 56 120 OF THE PASCO MUNICIPAL CODE MOTION Ordinance No 2900, was read by title only. Mr Garnson moved to adopt Ordinance No. 2900, amending the Pasco Municipal Code to provide for 10 minute parking on a portion of the west side of 4th Avenue between Columbia Street and Lewis Street and on a portion of the south side of Lewis Street between 4th Avenue and 3rd Avenue. Mr Jensen seconded the motion. Motion earned Resolution No. 2043 A RESOLUTION ESTABLISHING THE 1993 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND BUDGET FOR THE CITY OF PASCO, WASHINGTON MOTION Resolution No 2043, was read by title only Mr Jensen moved to adopt Resolution No. 2043, establishing the 1993 Community Development Block Grant Program Mr Garrison seconded the motion Motion carried (Kilbury - abstain) UNFINISHED BUSINESS. None. NEW BUSINESS Approval of Agreement for SCM Consultants. Inc for a Barrier-Free Access Study of City Facilities MOTIONS: Mr Garnson moved to approve the proposed agreement with SCM Consultants, Inc for a Barrier-Free Access Study of city facilities and authorize the Mayor to sign the same Mr Lathim seconded the motion Motion carned MISCELLANEOUS - INCLUDING SUGGESTIONS FROM COUNCIL Resolution No. 2044 A RESOLUTION IN SUPPORT OF LOCATING THE SUPERCONDUCTIVITY MAGNETIC ENERGY STORAGE- ENGINEERING TEST MODEL (SMES-ETM) PROJECT AT THE BONNEVILLE POWER ADMINISTRATION (BPA) - HANFORD SITE MOTION. Resolution No 2044, was read by title only Mr Strode moved to adopt Resolution No 2044, in support of locating the Superconductivity Magnetic Energy Storage-Engineering Test Model (SMES-ETMO project at the Bonneville Power Administration (BPA) - Hanford site Mr Lathim seconded the motion Motion earned ADJOURNMENT No further business, the meeting was adjourned at 9 35 P M -7 MINUTES REGULAR MEETING PASCO CITY COUNCIL NOVEMBER 2, 1992 ATTEST IL, • • _JLAJ Cathenne D. Seaman Deputy City Clerk PASSED and APPROVED this /C day of /Va yernsber , 1992 -8