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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 MINUTES 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 -2 MINUTES 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 3 MINUTES 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 4 MINUTES 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 -5 MINUTES 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 MINUTES 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 7