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Home My WebLink About1994.12.19 Council MinutesMINUTES PASCO CITY COUNCIL REGULAR MEETING DECEMBER 19, 1994 CALL TO ORDER The meeting was called to order at 7 30 P M by Joyce DeFelice, Mayor ROLL CALL By Deputy City Clerk Councilmembers present Joyce DeFelice, Michael Gamson, Edgar Hargrow, Chns Jensen, Charles Kilbury, Dan Lathim, and Carl Strode Also present Gary Crutchfield, City Manager, Greg Rubstello, City Attorney, David McDonald, City Planner, Dennis Wnght, City Engineer, Daniel Underwood, Finance Director, Bob Alberts, Public Works Director, Dick Enckson, Parks & Rec Director, Don Francis, Police Chief, Richard Smith, Community & Economic Dev 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 Seconded by Mr Hargrow Motion camed unanimously Consent items are as follows A) Approval of Minutes To approve mmutes of Regular Meeting held December 5, 1994 To approve minutes of Special Meetmg held December 12,1994 B) Bills and Communications To approve General Claims in the amount of $2,658,503 92 ($16,613 60 being in the form of Wire Transfer Nos 2954 and 2957, and $2,641,890 32 consisting of Claim Warrants numbered 89398 through 89621) C) Fire Protection Agreement with Franklin County Fire Protection District, No 3 To approve the Fire Protection Agreement with Franklin County Fire Protection Distnct No 3 and, further, authonze the Mayor to sign the Agreement D) Contract for Construction Services for Pasco Processing Center LID To authonze the Mayor to sign the Contract with Rust E & I to perform construction-related services to the Pasco Processing Center E) Resolution No 2163 To approve Resolution No 2163, declarmg Council's intention to create an L I D for an alley improvement and setting January 17, 1995, as the date for a public hearing PROCLAMATION AND ACKNOWLEDGMENTS None VISITORS None REPORTS FROM COMMITTEES AND/OR OFFICERS Mayor's Activity Report Mayor DeFelice reported On December 7, attended the Dept of Energy Local Gov't Quarterly meeting MINUTES REGULAR MEETING PASCO CITY COUNCIL DECEMBER 19, 1994 On December 8, attended a proclamation signing ceremony at the United Way building proclaimmg "Family Week" On December 10, attended the Annual Awards Banquet Liberty Theater Committee Meeting, December 5, 1994 Mr Hargrow reported that discussion centered around an offer from the owner of the Liberty Theater Mr Forbes is willing to donate the building with the condition that he wants a $200,000 write-off Task Force For A Safe Community Meeting, December 6, 1994 Mr Lathim reported that various committees gave their reports Pasco Downtown Development Association Board Meeting, December 6, 1994 Mr Kilbury reported that officers were elected with the remainder of the meeting being routme BFRC Tn-MATS Policy Advisory Committee Meeting, December 8, 1994 Mr Kilbury reported that committee members discussed transportation activity within their junsdictions, the Regional Transportation Plan were approved, Tn-City commuter survey results were presented to the committee, and staff reported on the Enhancement Program and the Surface Transportation Program B F Transit Board Meeting, December 8, 1994 Mr Garrison reported that the 1995 Annual Budget was approved and received a report on the Chnstmas Lights Bus Tours Senior Citizens Advisory Committee Meeting, December 12, 1994 Mayor DeFelice was unable to attend the meeting Tn-Cities Visitor & Convention Bureau Board Meeting, December 15, 1994 Mr Lathim reported that the 1995 budget was discussed B F Regional Council Board Meeting, December 16, 1994 Mr Kilbury reported that the status of the Dawson vs B F Regional Council lawsuit was explained, the Management Plan Certification was approved, the proposed loan to Casa Chapala was denied, and 1995 budgets were adopted PUBLIC HEARINGS Code Amendment - Micro-Breweries in the C-2 Zone (MF #94-83-CA) Mr David McDonald, City Planner, addressed Council and noted for the record that notice of the public hearing was published as required by law Mr McDonald explained that the PDDA has been working with a local manufacturing firm who plans to locate in the downtown area to establish a micro-brewery Staff determined a micro-brewery in the downtown area would not comply with the parameters of the C-2 District Staff noted that the PDDA and Chamber of Commerce support this proposal Staff recommends that the code be amended MAYOR DEFELICE DECLARED THE PUBLIC HEARING OPEN TO CONSIDER CODE AMENDMENT - MICRO-BREWERIES IN THE C-2 ZONE Mr David Meheen, of 4912 Dradie, was in favor of the proposed code amendment -2- MINUTES REGULAR MEETING PASCO CITY COUNCIL DECEMBER 19, 1994 Following three (3) calls from Mayor DeFelice for comments from the floor, either for or against, and there being none, the public hearing was declared closed Ordinance No. 3064 AN ORDINANCE RELATING TO ZONING AND AMENDING PMC TITLE 22 MOTION Ordinance No 3064, was read by title only Mr Garrison moved to adopt Ordinance No 3064, amending PMC Title 22 allowing micro-brewenes and micro-wineries in the C-2 Central Busmess District zone Mr Strode seconded the motion Motion carried (No - Hargrow) ORDINANCES/RESOLUTIONS NOT RELATED TO PUBLIC HEARINGS ORDINANCE NO. 3060 AN ORDINANCE ADOPTING THE CITY OF PASCO OPERATING BUDGET FOR THE YEAR 1995 MOTION Ordinance No 3060, was read by title only Mr Garrison moved to adopt Ordinance No 3060, authorizing the 1995 Annual Operating Budget Mr Lathim seconded the motion Motion carried by unanimous roll call vote ORDINANCE NO. 3061 AN ORDINANCE ADOPTING THE CITY OF PASCO CAPITAL PROJECTS BUDGET FOR THE YEAR 1995 MOTION Ordinance No 3061, was read by title only Mr Garrison moved to adopt Ordinance No 3061, authorizing the 1995 Capital Projects budget Mr Lathim seconded the motion Motion carried by unanimous roll call vote ORDINANCE NO. 3062 AN ORDINANCE AMENDING THE 1994 ANNUAL BUDGET OF THE CITY OF PASCO BY PROVIDING A SUPPLEMENTAL THERETO, BY APPROPRIATING AND REAPPROPRIATING REVENUE, BY PROVIDING TRANSFER AND EXPENDITURE AUTHORITY, BY ADJUSTING THE EXPENDITURE PROGRAM OF VARIOUS FUNDS AND THE BUDGET WITHIN FUNDS, AND DECLARING AN EMERGENCY MOTION Ordinance No 3062, was read by title only Mr Garrison moved to adopt Ordinance No 3062, authorizing the 1994 Operating Supplemental budget in the amount of $19,360,195 Mr Jensen seconded the motion Motion camed by unanimous roll call vote ORDINANCE NO. 3063 AN ORDINANCE RELATING TO SUPPLEMENTAL CAPITAL IMPROVEMENTS BUDGET FOR THE YEAR 1994 MOTION Ordinance No 3063, was read by title only Mr Gamson moved to adopt Ordinance No 3063, authorizing the 1994 capital Improvements Budget Supplement in the amount of $13,894,200 Mr Lathim seconded the motion Motion carried by unanimous roll call vote ORDINANCE NO. 3065 AN ORDINANCE NAMING A STREET THAT HERETOFORE WAS UNNAMED -3- MINUTES REGULAR MEETING , PASCO CITY COUNCIL DECEMBER 19, 1994 MOTION Ordinance No 3065, was read by title only Mr Gamson moved to adopt Ordmance No 3065, establishing a street name for a heretofore unnamed street Mr Hargrow seconded the motion Motion carried unanimously ORDINANCE NO. 3066 AN ORDINANCE PROVIDING ADDITIONAL FIRE SAFETY STANDARDS FOR CONSTRUCTION BY AMENDING SECTION 16 04 010, ADOPTION OF UNIFORM BUILDING CODE AND STANDARD OF THE PASCO MUNICIPAL CODE MOTION Ordinance No 3066, was read by title only Mr Gamson moved to adopt Ordinance No 3066, providing additional fire safety standards for construction Mr Strode seconded the motion Motion carried unanimously ORDINANCE NO. 3067 AN ORDINANCE CONCERNING ADULT BUSINESS, AND AMENDING SUB-SECTIONS 22 68 020(I) AND (J) OF THE PASCO MUNICIPAL CODE MOTION Ordinance No 3067, was read by title only Mr Gamson moved to adopt Ordinance No 3067, an ordinance concerning adult businesses Mr Hargrow seconded the motion Motion carried unanimously ORDINANCE NO. 3068 AN ORDINANCE CONCERNING WAGES FOR CERTAIN NON-MANAGEMENT PERSONNEL FOR THE CALENDAR YEAR 1995 MOTION Ordinance No 3068, was read by title only Mr Gamson moved to adopt Ordinance No 3068, adjustmg the non-represented, non- management wage scale for 1995 Mr Lath= seconded the motion Motion carried unanimously ORDINANCE NO. 3069 AN ORDINANCE CONCERNING THE SALARIES AND WAGES FOR MANAGEMENT POSITIONS FOR THE CALENDAR YEAR 1995 MOTION Ordinance No 3069, was read by title only Mr Garrison moved to adopt Ordinance No 3069, adjustmg the management salary scale for 1995 Mr Lathim seconded the motion Motion carried unanimously ORDINANCE NO. 3070 AN ORDINANCE CONCERNING THE CARRYING OUT OF A SYSTEM OR PLAN FOR ADDITIONS AND BETTERMENT'S TO AND EXTENSIONS OF THE WATER WORKS UTILITY OF THE CITY, THE MODIFICATION OF EFFLUENT FLOW CHARACTERISTICS AS IDENTIFIED IN THE FACILITY PLAN, AMENDING THE FACILITY PLAN, AND AMENDING ORDINANCE NO 3040 MOTION Ordinance No 3070, was read by title only Mr Garrison moved to adopt Ordinance No 3070, amending the Wastewater Facility -4- MINUTES REGULAR MEETING PASCO CITY COUNCIL DECEMBER 19, 1994 Plan and Ordmance No 4030 Mr Lathirn seconded the motion Motion carried unanimously UNFINISHED BUSINESS None NEW BUSINESS Contract for the Design and Construction Staking of Burden Road MOTION Mr Gamson moved to approve Amendment No 2 to the Contract with Rust Engineers for the design and construction of the baseball stadium Mr Lathim seconded the motion Motion carried by unanimous roll call vote Discussion on Value Engmeermg Performed for the Wastewater Treatment Plant Proiect MOTION Mr Gamson moved to accept the Value Engineering Study completed by CH2M Hill for the wastewater treatment plant design performed by HDR Engineers Mr Strode seconded the motion Motion carried unanimously Award of a Contract for the Stadium Gradmg Proiect Mr Wright explamed that on December 19, 1994, staff opened 12 bids for the subject project The apparent low bidder was Steelman Duff of Clarkston However, after the bid openmg it was determmed that this bidder had failed to acknowledge the receipt of the addendum and had not corrected his bid accordmgly This bid must be declared irregular and rejected The next responsive bidder was Ray Poland and Sons, Inc, at $103,278 00 plus sales tax The bid was $63,722 below the Rust E & I estimate of $167,000 MOTION Mr Garrison moved to reject the bid of Steelman Duff as irregular and to award the contract for the Pasco Tournament Complex Site Grading, Project No 94-5-01 to the low responsive bidder, Ray Poland and Sons, Inc , in the amount of $103,278 00, plus sales tax, and further to authorize the Mayor to sign the contract documents Mr Lathim seconded the motion Motion carried by unanimous roll call vote Jail Agreement MOTION Mr Strode moved to reject the Jail Agreement proposed by Franklin County and direct the Mayor to forward the last and final offer from the City Mr Hargrow seconded the motion Mayor DeFelice adjourned to an Executive Session at 8 04 p m to discuss potential litigation Mayor DeFehce reconvened the meeting at 8 34 p m Mr Crutchfield explained that the pnmary issue raised by the County has been the daily fee for use of the jail In the past a formula was used to determine the percentage paid by the City The County has chosen to levy a flat $5000 per day fee Staff recommends that the City make a counter-proposal at $40 00 per day fee Several items in the proposed agreement concern staff The daily fee would apply to felony arrests until charges are filed, which could be longer than the 3 day limit The provision regardmg medical expenses transfers full responsibility for medical costs for prisoners charged with a municipal or state violation The City Attorney advises that in his -5- Felice, Mayor MINUTES REGULAR MEETING PASCO CITY COUNCIL DECEMBER 19, 1994 opinion this is not consistent with procedures spelled out in State law The City's position is to assume obligation spelled out under State law, nothing more The County also wants the City to pay for juvenile booking fees Staff feels that the total jail operating budget includes the cost of personnel, equipment, and supplies used in the booking process MOTION Mr Strode moved to amend the motion to reject the jail agreement proposed by Franklin County and direct the Mayor to forward a counter-proposal to include a daily fee of $40 00 Mr Gamson seconded the motion The amendment to the motion carried unanimously The ongmal motion, as amended, carried unanimously MISCELLANEOUS - INCLUDING SUGGESTIONS FROM COUNCIL None ADJOURNMENT No further business, the meeting was adjourned at 8 48 P M ATFEST Cathenne D Seaman Deputy City Clerk PASSED and APPROVED this 3 day of Jali , 1995 -6-