HomeMy WebLinkAbout1993.03.15 Council MinutesMINUTES
PASCO CITY COUNCIL
REGULAR MEETING MARCH 15, 1993
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, Engineer, Don
Francis, Police Chief: Dave McDonald, Community Development
Director: and Kurt Luhrs, Administrative Assistant
PLEDGE OF ALLEGIANCE
The meeting was opened with the Pledge of Allegiance
CONSENT AGENDA
MOTION . Mr Garrison moved to approve the Consent Agenda as
amended, (item 3-c and 3-g were removed and placed under item 8-b
and 8-c) Seconded by Mr Lathim Motion earned unanimously
Consent items are as follows.
A) Approval of Minutes To approve minutes of Regular Meeting held
March 2, 1993
B) Bills and Communications To approve General Claims in the
amount of $486,164 19 consisting of Claim Warrants numbered
80371 through 80635
C) Resolution No 2 0 6 7. To approve Resolution No 2067,
authorizing the implementation of a budget payment plan for
water/sewer utility single-family dwelling unit customers
D) Resolution No 2068 To approve Resolution No 2068, declanng
the intention of the City of Pasco to create an L I D for the
improvement of Frontage Road west of 20th Avenue, 24th Avenue
between Hopkins Street and Lewis Street, and Lewis Street from
a point 500 feet west of Road 24 to 500 feet east of Road 24, and
further, setting April 19, 1993, at 8 00 p m. in the City Council
Chambers as the time and place for a public hearing on this
matter
E) Resolution No 2069. To approve Resolution No 2069, declanng
the support of the Pasco City Council for the shared funding of a
coordinator for the "Safe Streets Community Task Force" and
committing Pasco's shared financial support therefor
PROCLAMATION AND ACKNOWLEDGMENTS
None
VISITORS
Ms Tina Scott, of 418 N 9th Aye, addressed Council and presented
pictures and testimony concerning gang related activity occunng in
her neighborhood. She expressed concern about the grafitti painting
bemg done to fences, garages and storage sheds, wanted to know what
was being done to stop this activity and what the neighborhood could
do to help prevent it She also expressed concerns that the Police
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REGULAR MEETING PASCO CITY COUNCIL MARCH 15, 1993
Department didn't appear to respond when called to come and stop or
apprehend suspects
Mr Todd Byers, of 502 N 8th Aye, addressed Council with concerns
similar to Ms Scotts', wanted to know why the police were not
responding, and also wanted to know what could be done to help
prevent these activities
Mr Crutchfield stated that apparently something fell through the
cracks and he would make sure they were contacted by the Police
Department
Ms Carol Hackwith, of 420 N 8th Aye, addressed Council and wanted
to know what was being done or could be done to help combat this
problem in the neighborhoods of Pasco She also related that she
received no response from the Police Department after she called
them when she caught a juvenile defacing property
Chief Francis had no answers to explain why there was no response
from the Police Department, but would look into the complaints.
Mr George Fischer, of 416 N 8th Aye, addressed Council and stated
that he felt parents should be held responsible for any damage their
children do to another persons property
Mr Jensen explained that the Council is committed to looking into
funding a position who would oversee the juvenile system This
position would ensure that community service hours imposed by the
system be carried out There are also thoughts of having an annex
center for hardened youths that need to be housed in detention
facilities
Mr Garrison stated that he understands the frustration of the public,
however, the current juvenile justice system causes large stumbling
blocks becauses of the way it is set up
Mr Hargrow felt that a solution to the "no reponse" problem would be
to set up an answering machine to take calls that were non-emergency
to ensure that someone would contact the caller within a certain time
frame about their problem
REPORTS FROM COMMUTEES AND/OR OFFICERS
Mayor's Activity Report. Mayor DeFehce reported that on March 2,
attended a Franklin County Irrigation District Board Meeting to
attempt to get an agreement with them to allow the City to use the
right-of-way along the District's canal for the interim pressure line
being put in to serve Road 68 and Road 100 Interchanges
On March 3, attended the first meeting of the Riverview Task Force
Committee to help identify suburban standards
Good Roads Association Meeting. February 17. 1993 Mr Lathim
reported that officers were elected Received a report from the DOT
on 395 to Pendleton study
TRIDEC Board Meeting - February 18, 1993 Mayor DeFelice reported
that the meeting was routine
Parks and Recreation Advisory Council Meeting - March 4. 1993
Mayor DeFelice reported that she was unable to attend the meeting
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REGULAR MEETING PASCO CITY COUNCIL MARCH 15, 1993
Senior Citizens Advisory Committee Meeting - March 8. 1993 Mayor
DeFelice reported that reports were given by the nutritionist and Art
Finke Concern was expressed by the nutritionist that snow causes
problems for senior's because they can't get out of their homes and to
the Center due to the snow piled up along the sidewalks and in front
of dnveways by snow plows
B F. Regional Council Board Meeting - February 19. 1993. Mr Kilbury
reported that the consent calendar was adopted and endorsed three
intergovermental review programs, 1 e , the Regional Council
application for economic development district planning grant, La
Chnica's application for primary medical and dental services, and the
City of Richland's application for Battelle Blvd extension
Pasco Downtown Development Association Board Meeting - March 2.
1993 Mr Kilbury reported that the Building Renovation Committee is
working on an incentive program packet The Farmer's Market
Committee met and reported that Mr. Frank Pontorolo fixed the
bathroom light
Tn-MATS Committee Meeting - March 11. 1993 Mr Kilbury
reported that approval was given for the Unified Planning Work
Program for 1994, along with the Transportation Enhancement
Guidelines There was a presentation by DOT's new statewide systems
plan
Visitor and Convention Bureau Board Meeting - February 23. 1993
Mr Strode reported that he was unable to attend the meeting
Emergency Medical Services and Trauma Council Meeting - March 1.
1993 Mr Strode reported that the major topic at the meeting was a
discussion of the proposed mterlocal agreement between Pasco,
Kennewick, and Richland regarding funding and administration of the
Emergency Medical Services Coordinators position This position is
currently funded through a grant from the state, which is due to
expire this summer.
Pasco Task Force for a Safe Community Meeting - February 23. and
March 9. 1993 Mr Jensen reported that he was unable to attend the
meetings
AWC 1993 City Legislative Action Conference - February 24 and 25.
1993 Mr Lathim reported that a push was made to promote the
issues of our community, particularly the 2% hotel/motel tax There
was discussion on crimes and sentencing Questions were raised
concerning the direction the DOE is taking
B F Transit Board Meeting - March 11. 1993 Mr Garnson reported
that the meeting was postponed
PUBLIC HEARINGS
Processing Center Rezone Mr. McDonald, Director of Community
Development, addressed Council and noted for the record that notice
of the public hearing was published and the adjoining property owners
were notified as required by law He explained that the Planning
Commission held public hearings to consider rezonmg large tracts of
property in the Oregon Avenue and 395 Corridor as requested by the
Council That recommendation was forwarded to the Council and
approved the proposed changes; however, the Port of Pasco appealed
the Planning Commission's decision as they felt that with the plans for
the processing center that the 1-2 zoning district (rather than the I-1)
would be more appropnate
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REGULAR MEETING PASCO CITY COUNCIL MARCH 15, 1993
MAYOR DEFELICE DECLARED THE PUBLIC HEARING OPEN TO
CONSIDER THE PROCESSING CENTER REZONE, R-1 (LOW DENSITY
RESIDENTIAL) AND I-1 (LIGHT INDUSTRIAL) TO 1-2 (HEAVY
INDUSTRIAL) MF #93-09-Z
Mr Jim Toomey, Executive Director of the Port of Pasco, addressed
Council and explained that the Port has requested an 1-2 for this
parcel to enhance consistency and flexibility The Port's objective is to
try to be ready for outside businesses to move to the community and
develop some sort of capability to improve the tax base and be able to
address some of the issues heard about earlier To be ready, the Port
needs to be able to respond to what the needs of those businesses are
In the interest of consistency throughout the 250 acres, and provide
the flexibility should the need anse in the future That's why the Port
is requesting a 1-2 zone change.
Mr Strode expressed concern with the Council taking action on the
Port's appeal when the Planning Commission was asked to make a
decision about a large parcel of land for the purpose of giving it a zone
classification without giving them a specific zone to consider He felt
that Council should ask the Planning Commission to consider the
Port's appeal for an 1-2 and report back to the Council and explain why
they do not support an 1-2 zone
Mr Kilbury felt that an I-1 zone was too restnctive a zone for what the
Port needs for the area
Following three (3) calls from Mayor DeFelice for further comments
from the floor, either for or against, the public hearing was declared
closed
Ordinance No. 2925
AN ORDINANCE RELATING TO ZONING AND CHANGING THE
CLASSIFICATION OF CERTAIN REAL PROPERTY WITHIN THE
CITY OF PASCO TO CREATE CONSISTENCY WITH THE
COMPREHENSIVE PLAN
MOTION Mr Lathim moved to adopt Ordinance No 2925, rezoning
said property from R-1 and I-1 to 1-2 Mr Garrison seconded the
motion.
Mr Strode felt there was no reason to not approve the 1-2, however,
Planning Commission has other thoughts on this issue and he would
like a report on them He urged the Council to defeat the ordinance
and return it to the Planning Commission for their report
Mr Jensen had no problem in approving the 1-2 zoning He was
curious of why the Planning Commission did not approve the request,
however, if time was of no importance he would like it sent back to
the Planning Commission for a report
MOTION Mr Jensen moved to table action on Ordinance No. 2925
pending a report from the Planning Commission until the April 4th
Regular Meeting Mr Strode seconded the motion Motion carried
(No - Kilbury)
ORDINANCES/RESOLUTIONS NOT RELATED TO PUBLIC HEARINGS.
Resolution No. 2071
A RESOLUTION AUTHORIZING CERTAIN CAPITAL
IMPROVEMENT PROJECTS
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REGULAR MEETING PASCO CITY COUNCIL MARCH 15, 1993
MOTION • Resolution No 2071, was read by title only Mr Jensen
moved to adopt Resolution No 2071, authorizing certain capital
improvement projects Mr. Garrison seconded the motion Motion
carried unanimously
Resolution No. 2066
A RESOLUTION URGING THE STATE LEGISLATURE TO
PROVIDE FOR MORE SEVERE PENALTIES FOR JUVENILES
AND AUTHORIZING LOCAL LEGISLATION CONCERNING
CURFEWS AND PARENTAL RESPONSIBILITY
MOTION. Mr. Garrison moved to approve Resolution No 2066, urging
the State Legislature to provide for more severe penalties for juveniles
and authorizing local legislation concerning curfews and parental
responsibility Mr Jensen seconded the motion
Ms Minnie Pesina, no address given, addressed Council to express her
concerns on this issue. She stated that she fully supports any laws that
will help our community to deal with juveniles better, however, it
should be kept in mind that Pasco is a very diverse community and
Council should address that issue There should be information
pnnted in their languages and community service announcements on
the Spanish radio stations to get the word out to people that there is a
task force that can help educate them on how to deal with this
problem within their community and within their homes
Motion carried unanimously.
Resolution No. 2070
A RESOLUTION DECLARING THE PASCO CITY COUNCIL'S
SUPPORT FOR MORE MEANINGFUL AND EXPEDITED
ENFORCEMENT OF JUVENILE PROBATION CURFEW
RESTRICTIONS, AND REQUESTING THAT THE JUDGES AND
COMMISSIONERS OF THE JUVENILE COURT, THE JUVENILE
COURT PROBATION STAFF AND BENTON AND FRANKLIN
COUNTY PROSECUTING ATTORNEYS' OFFICES COOPERATE
TO THE EXTENT NECESSARY TO MAKE SUCH MEANINGFUL
ENFORCEMENT POSSIBLE
MOTION Resolution No. 2070, was read by title only Mr Garrsion
moved to approve Resolution No. 2070, declaring the Pasco City
Council's support for more meaningful and expedited enforcement of
juvenile probation curfew restrictions, and requesting that the Judges
and Commissioners of the Juvenile Court, the Juvenile Court Probation
staff and the Benton and Franklin County Prosecuting Attorneys' offices
cooperate to the extent necessary to make such meaningful
enforcement possible Mr Strode seconded the motion Motion
carned unanimously
UNFINISHED BUSINESS
Ordinance No. 2893
AN ORDINANCE CONCERNING DOMESTIC VIOLENCE AND
ANTI-HARASSMENT ORDERS ISSUED BY FRANKLIN COUNTY
COURTS.
MOTION. Mr Garrison moved to adopt Ordinance No 2893,
concerning domestic violence and anti-harassment orders issued by
Franklin County Courts Mr Lathim seconded the motion
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REGULAR MEETING PASCO CITY COUNCIL MARCH 15, 1993
Mr Jensen wanted the effective dates in the ordinance removed and
replaced with the language "effective immediately"
Mr Crutchfield reminded Council that this ordinance had been
drafted back in October, 1992, as part of an agreement with the
County Prosecutor and was tabled at that time pending a resolution of
the leasehold buyout issue between the City and County
MOTION: Mr Jensen moved to amend the ordinance providing for
the adjudication of violation of County court orders effective
immediately. Mr. Hargrow seconded the motion
Mr Gamson wanted to see the ordinance passed as originally written,
but after listening to a statement from the County Prosecutor felt that
the County Prosecutor is shirking his responsibilities and he should
put up or shut up on this issue Since the Prosecutor disagrees with
the City Attorney on who's responsibility this is he should be willing to
write a letter to the Attorney General's Office for an opinion.
Mr. Garrison proposed that the County Prosecutor ask the Attorney
General for an opinion or the City request an opinion through our
legislative representative Also, while waiting for an opinion, Mr
Garrison suggested that the City volunteer to prosecute violations of
anti-harassment orders for the County in District Court and when an
opinion is received the City will abide by it.
Mr Strode agreed with Mr Garrison's statement and would support
the proposal when made into a motion
Mr Jensen urged Council to adopt this ordinance as it would allow the
City to successfully prosecute those cases in Municipal Court until such
time that the Attorney General can render an opinion
Mr Rubstello explained to Council that if the ordinance, as amended,
was adopted the City would not have the freedom to remove them at a
later time from the code unless the City were to pay the County to re-
absorbe the cost of prosecution of these cases as required by State law
The amended motion, to add the words "effective immediately", failed
by the following roll call vote Yes - Hargrow, Jensen, DeFelice, No -
Lathim, Kilbury, Strode, Garrison
MOTION Mr Strode moved to amend the motion to add the words
"the City will prosecute, in District Court, these orders until such time
as the Attorney General's office can render an opinion" Mr Kilbury
seconded the motion
Mr Garrison disagreed with the amendment as it made an assumption
that the County Prosecutor would be in favor of the City prosecuting
these cases as deputy prosecutors and, therefore, felt the motion
should fail
Mr Strode requested that, with the concurrence of the second, his
amendment be withdrawn Mr Kilbury agreed
After additional discussion the original motion failed by a roll call vote
of seven (7)
MOTION Mr Garrison moved to send a letter to the Presecuting
Attorney asking that he deputize our legal staff to prosecute those
District Court Order violations until the Attorney General can render
an opinion on this issue, at which time the City will abide by that
decision Mr Kilbury seconded the motion
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REGULAR MEETING PASCO CITY COUNCIL MARCH 15, 1993
After a general discussion on the mechanics of the motion Mr Lathim
called for the question to limit debate of the motion The Council
concurred with the exception of a no vote from Mr Jensen and Mr
Hargrow
The motion carried by the following roll call vote Yes - Kilbury,
Strode, Garrison, Lathim, No - Hargrow, Jensen, DeFelice
NEW BUSINESS.
Solid Waste Collection Contract
MOTION Mr Garrison moved to approve the Solid Waste Collection
Contract with Basin Disposal, Inc. and further, authorize the Mayor to
sign the contract documents Mr Hargrow seconded the motion
Motion carried unanimously
Authorization to Approve Meter Reading Contract.
MOTION Mr Garrison moved to approve the proposed contract for
meter reading services with John M Keltch Inc. and authorized the
Mayor to sign the contract Mr Lathim seconded the motion Motion
carried unanimously
Asbestos Abatement at McLaughlin Civic Center
MOTION Mr Garrison moved to award the contract for asbestos
removal at McLaughlin Civic Center to Insulation Removal Specialists,
Inc. in the amount of $222,166 67, and further, to authorize the
Mayor to sign the contract documents Mr Lathim -seconded the
motion Motion carried unanimously by a roll call vote of seven (7)
MISCELLANEOUS - INCLUDING SUGGESTIONS FROM COUNCIL
None
ADJOURNMENT
No further business, the meeting was adjourned at 10 00 P M.
ATTEST.
PASSED and APPROVED this 5 day of , 1993
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