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HomeMy WebLinkAbout1994.07.18 Council MinutesMINUTES PASCO CITY COUNCIL REGULAR MEETING JULY 18, 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 Garrison, Chns Jensen, Charles Kilbury, Dan Lathim, and Carl Strode Councilmembers absent Edgar Hargrow Also present Gary Crutchfield, City Manager, Greg Rubstello, City Attorney, David McDonald, City Planner, Dennis Wnght, City Engineer, 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 Lathim Motion camed unanimously Consent items are as follows A) Approval of Minutes To approve minutes of Regular Meeting held July 5, 1994 To approve minutes of Special Meeting held July 11, 1994 B) Bills and Communications To approve General Claims in the amount of $1,266,163 42 ($23,332,42 being in the form of Wire Transfer Nos 2898 and 2899, and $1,242,831 00 consisting of Claim Warrants numbered 87193 through 87448) PROCLAMATION AND ACKNOWLEDGMENTS Senior Citizens Center Expansion Mr Don Bernard, President of the Pasco/Franklin County Senior Citizens Association presented a check in the amount of $100,000 to Mayor DeFelice comprising the Association's contnbution toward the expansion of the Senior Citizens Center VISITORS None REPORTS FROM COMMITTEES AND/OR OFFICERS Mayor's Activity Report Mayor DeFelice reported On June 23, attended a TRIDEC Board Meeting On June 28, sat through a probation hearing and Juvenile Court session at the Juvenile Justice Center On June 28, attended a farewell luncheon for Jim Ajax, former Public Works Director On June 30, attended the Tn-City Visitor and Convention Bureau meeting On July 4, attended the all day festivities including the parade, Memorial Park activities, and fireworks display in Edgar Brown Memonal Stadium MINUTES REGULAR MEETING PASCO CITY COUNCIL JULY 18, 1994 On July 8, gave the monthly Mayor's Report on behalf of the City at KONA Radio On July 15, attended Friends Day at Longfellow School On July 26, toured the Civic Center Parks & Recreation Advisory Committee Meeting - July 11, 1994 Mayor DeFelice reported that the meeting was postponed Senior Citizens Advisory Committee Meeting - July 11, 1994 Mayor DeFelice reported that the Senior Center is 99% complete There are several committee member terms that are expiring that will need to be filled as soon as possible BFRC Tn-MATS Policy Advisory Committee Meeting - July 14, 1994 Mr Kilbury reported that Transportation Planning Public Improvement Procedures were approved The rest of the meeting was routine B F Transit Board Meeting - July 14, 1994 Mr Garrison reported that there was a public hearing on the Six-Year Transportation Improvement Program A report was given on a taxi-feeder service being used where there are no bus routes This service is designed to take the rider to a Transit Center or the bus route they need PUBLIC HEARINGS Port Annexation (MF #94-01-A) Mr David McDonald, City Planner, addressed Council and noted for the record that notice of the public hearing was published and notices were posted on the affected properties as required by law Mr Kilbury pointed that 111 years ago Franklin County was established from Whitman County and the County seat was designated as the County of Ainsworth After a approximately one year it was moved to Pasco Part of the proposed annexation area covers the old County seat of Ainsworth MAYOR DEFELICE DECLARED THE PUBLIC HEARING OPEN TO THE PORT ANNEXATION Mr Jim Toomey, Port of Pasco, expressed the Port's support of the proposed annexation and wanted to thank the City Council Mayor DeFelice felt this underscored the good working relationship the City has with the Port of Pasco and wanted to thank staff for their hard work on this issue Mr. Crutchfield pointed out that is takes a two-way street to make an agreement come together. Mr. Kilbury explained that with this annexation the City of Pasco becomes the biggest of the four cities by about 1/2 a mile Following three (3) calls from Mayor DeFelice for comments from the floor, either for or against, the public hearing was declared closed ORDINANCE NO. 3033 AN ORDINANCE RELATING TO ANNEXATION AND ANNEXING CERTAIN REAL PROPERTY TO THE CITY OF PASCO MOTION Ordinance No 3033, was read by title only Mr Garrison - 2 - MINUTES REGULAR MEETING PASCO CITY COUNCIL JULY 18, 1994 moved to adopt Ordinance No 3033, annexing certain real property to the City of Pasco Mr Jensen seconded the motion Motion carried unanimously Six-Year Street Construction Program - 1995-2000 Mr Dennis Wright, City Engineer, addressed Council and noted for the record that notice of the public hearing was published as required by law Mr Wright explained that the projects contained in this years program consists of annual overlays, Burden Road to Road 68 to Road 44, several additional traffic signals, a multi-modal transportation facility (funded by State grant), the West Lewis Enhancement, clean-up of entry-ways into to town, and the study of the extension of Court/Sylvester Streets over the railroad tracks to Oregon Avenue The program, once adopted, will be combined with the programs of Franklin County, Benton County, all of the cities of the Tn-City area by the Governmental Conference It will go through another public review process before it's completed and then it will be sent to the Governor for his approval Mr Jensen asked about the Road 32 traffic signal and for results for funding Mr Crutchfield explained that staff had no finite report for Council approval, but it appears that there is sufficient revenues generated by developers of the northwest corner to cover costs MAYOR DEFELICE DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Mr Gary Bosch expressed his concern and felt that the traffic signal as proposed for Road 32 and Court Street is not creating more need, but is meeting an existing need Mr Bernard, no first name or address given, explained that he uses the intersection of Road 32 and Court Street frequently and it is almost impossible to make a left-hand turn on Court Street from Road 32 Following three (3) calls from Mayor DeFelice for comments from the floor, either for or against, the public hearing was declared closed RESOLUTION NO. 2143 A RESOLUTION ADOPTING THE REVISED AND EXTENDED COMPREHENSIVE STREET, STORM DRAIN AND BRIDGE PROGRAMS FOR THE CITY OF PASCO MOTION Resolution No 2143, was read by title only Mr Garrison moved to approve Resolution No 2143, which establishes the Six-Year Transportation Improvement Program for the calendar years 1995 through 2000 Mr Lathim seconded the motion Motion carried unanimously ORDINANCES/RESOLUTIONS NOT RELATED TO PUBLIC HEARINGS ORDINANCE NO. 3034 AN ORDINANCE RELATING TO FIREARMS, EXEMPTING THE CITY OF PASCO FROM A RESTRICTION OF STATE LAW, AND - 3 - MINUTES REGULAR MEETING PASCO CITY COUNCIL JULY 18, 1994 AMENDING CHAPTER 924 OF THE PASCO MUNICIPAL CODE BY ADDING SECTION 9 24 080 MOTION Ordinance No 3034, was read by title only Mr Strode moved to adopt Ordinance No 3034, relating to firearms, exempting the City of Pasco from a restriction of State Law, and amending Chapter 9 24 of the Pasco Municipal Code by adding Section 9 24 080 Mr Lathim seconded the motion Mr Lou (unclear), felt that the State law restricting how he transports his rifles and shotguns is misguided He felt that the majority of crimes committed are not committed with weapons carried by law abiding citizens in their private vehicles Motion carried unanimously ORDINANCE NO. 3035 AN ORDINANCE CREATING A JUVENILE CURFEW BETWEEN THE HOURS OF 12 00 A M AND 5 00 A M IN THE CITY OF PASCO Mr Jensen explained that after conferring with his fellow Councilmembers it was determined that 11 00 p m was too early of a time and that perhaps a more appropriate hour would be 12 00 a m to 5 00 a m MOTION Mr Jensen moved to adopt Ordinance No 3035, creating a juvenile curfew between the hours of 12 00 a m and 5 00 a m in the City of Pasco Mr Lathim seconded the motion Ms Lisa Garza, no address given, was concerned with the impact on the Hispanic community and their inability to pay the fines She opposed the ordinance on the basis that Hispanics will be targeted Ms Lisa (unclear), of 1512 W Bonneville Street, asked if the one block restriction would allow people living near a park to be in the park during curfew hours'? Mr Rubstello explained that the State Supreme Court struck down the Seattle v Pullman case on the basis that it was too restrictive on a persons Constitutional rights to the youth to be within that distance from their home and be violating the law for parents to allow their children to be that distance from their home Mr Crutchfield explained that City parks are already closed at 12 00 am Ms Ann (unclear), of 7414 W Sagemore, felt saddened by the curfew and feels it's a parental responsibility not a government or city issue Ms Sandi Clark, 1504 W Bonneville, thinks 10 00 p m would be a good time for curfew She wanted to see police officers be allowed to enforce this ordinance and not give out warning after warning Ms Latoya Johnson, of 2615 W Park, asked if she's driving after 12 00 a m will she be stopped'? Mayor DeFelice explained that there are some exceptions to the curfew listed in the ordinance, but she could be stopped Ms Mimi Pesma, of 407 W Shoshone, supports the ordinance and that parents in the Hispanic community have been telling her that they are in favor of a curfew, but to be cautious about singling out one -4- MINUTES REGULAR MEETING PASCO CITY COUNCIL JULY 18, 1994 group over another She felt it was important that city staff get this information to the Hispanic community Mr Dave Pfleuger, 214 W Octave, asked if a youth is found in violation and fined will parents be forced to pay the fme Mayor DeFelice explained that the fine is against the violator not the parents Ms Miki Hastings, of 2400 E Lewis, asked if the Police Department will be centering on Court Street or all of Pasco 9 Mayor DeFelice informed her all of Pasco Ms Hastings wanted to know how the police were going to be everywhere at once enforcing this law 9 Mr Rubstello outlined the following general exceptions to the curfew 1) youth can be out with a parent or legal guardian, 2) youth going directly home from work, 3) interstate travel - passing through town, 4) within one block of legal residence (not a friends home), 5) direct route to or from adult supervised activity such as a dance, theater presentation, or sporting event within 1/2 hour after activity ends Mayor DeFehce explained that a curfew has been discussed for over 24 years People in the community have put tremendous pressure on Council to have a curfew The Police Department gathered statistics for Council that showed that 25% of crimes occur between 11 00 p m and 5 00 a m The purpose of the curfew is to provide police officers with a tool that they can impact the crime problem with She also felt it was important that information on the curfew be provided to the Hispanic community Mr Crutchfield explained that a summary written in lay language will be sent to the newspaper and radio stations Mayor DeFelice explained that she had an opportunity to speak with a group of Hispanic parents and found them to be in favor of the ordinance, but to be worried about discriminatory enforcement Mr Crutchfield stated that any claims of discriminatory enforcement would be investigated Mr Lathim felt that since gang members were mostly Hispanic obviously this would be a problem Mr Crutchfield explained that there is a similar problem in certain traffic law enforcement because operating a vehicle without a valid operators license tends to be a failure on the part of a greater proportion of Hispanic's than the rest of the population That is just the way is shakes out it doesn't mean they are being targeted Mr Lathim stated that if 80% of the (unclear) are gang members and they're Hispanic then it's going to seem that way to the general public and the City will have to face that fact He wanted good kids to be patient and realize that being a teenager is a temporary condition they will outgrow Mr Garrison felt the age limit of 17 was too restrictive He graduated from high school at 17 1/2 and was in the military before he was 18 His 15 year old son goes out with friends and doesn't get in until 12 00 a m or stays over night He understands the reasoning for the ordinance, but feels it's too restrictive to support 5 MINUTES REGULAR MEETING PASCO CITY COUNCIL JULY 18, 1994 Mr Jensen felt 99% of the good kids won't see any change to their lifestyle The remainder will be affected and this ordinance is intended to target them Motion carried (No - Garrison) UNFINISHED BUSINESS None NEW BUSINESS Sun Willows Residential Development MOTION Mr Gamson moved to approve the Fourth Addendum to the Real Estate Purchase and Sale Agreement between the City of Pasco and Sun Willows Partners and, further, authorize the Mayor to sign the addendum Mr Jensen seconded the motion Motion carried unanimously Construction Surveying Services for the Road 100 to Road 36 Sanitary Sewer MOTION Mr Garrison moved to authorize the Mayor to execute a contract for surveying services with Stratton Surveying and Mapping for the Road 100 to Road 36 Sanitary Sewer Project Mr Strode seconded the motion Motion carried unanimously Construction Inspector MOTION Mr Garrison moved to authorize the City Manager to employ one Construction Inspector at Grade 51 and, further, include the additional expenditure in the 1994 Supplemental Budget Mr Strode seconded the motion Motion carried by unanimous roll call vote Declaration of Intent to Award the Contract for the Pasco Wastewater Treatment Bio Solids Drying Beds MOTION Mr Gamson moved to declare the City of Pasco's intention to award a contract for the construction of the Pasco Wastewater Treatment Bio Solids Drying Bed Contract to the low bidder, K Kaser, Inc Mr Strode seconded the motion Mr Wright informed Council that staff requests that this item be pulled from the agenda as several irregularities have been found with the bid and staff is looking into some legal questions to make sure that the City can award the contract Staff recommends a special meeting be held July 25, 1994 to award the contract Mr Kilbury moved to table the motion Mr Jensen seconded the motion Motion carried unanimously Mr Kilbury moved to hold a special meeting July 25, 1994 at 7 30 p m to consider this item Mr Garrison seconded the motion Motion carried unanimously Housing Authority MOTION Mr Garrison moved to direct the City Attorney to seek a declaratory judgment as to the application of the Pasco Municipal Code to the acquisition of property by the Housing Authority of the City of Pasco and Franklin County Mr Strode seconded the motion - 6 - MINUTES REGULAR MEETING PASCO CITY COUNCIL Mr Jensen asked if the Pasco Housing Authonty was willing to jointly seek a declaration from a Judicial Authonty 9 Mr Crutchfield stated that he had spoken with the director, Mr Sandoval, several times and Mr Sandoval was unable to contact their attorney and their Board declined to do anything without advice from their attorney Their attorney did call and stated that it was inappropriate for the Housing Authority join the City in seeking a decision as to whether or not the ordinance applies To do so would, perhaps, weaken their assumption of an ultenor motive on the part of the City He pointed out that it's unfortunate that Council is left with no alternative but to ask to Court to decide whether or not the ordinance applies Mr Strode was informed by the Franklin County Commissioners that they would like to see what the outcome of the declaratory judgment is before they get involved Motion earned unanimously MISCELLANEOUS - INCLUDING SUGGESTIONS FROM COUNCIL Executive Session Mayor DeFelice recessed to an Executive Session at 8 50 p m regarding (unclear) for approximately 20 to 30 minutes ADJOURNMENT No further business, the meeting was adjourned at 9 22 P M eFelice, Mayor ATTEST 41IPP athenne D Seaman Deputy City Clerk PASSED and APPROVED this 1 day of August , 1994 JULY 18, 1994 -7