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
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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
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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
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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
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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
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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
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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
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