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HomeMy WebLinkAbout1994.11.07 Council MinutesMINUTES PASCO CITY COUNCIL REGULAR MEETING NOVEMBER 7, 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 Garnson, Edgar Hargrow, Chris Jensen, Charles Kilbury, and Dan Lathim Councilmembers absent Carl Strode Also present Gary Crutchfield, City Manager, Greg Rubstello, City Attorney, David McDonald, City Planner, Bob Alberts, Public Works Director, Dick Erickson, Parks & Recreation Director, Dan Underwood, Finance Director, Richard Smith, Community & Economic Dev Director, and Kurt Luhrs, Administrative Assistant PLEDGE OF ALLEGIANCE The meetmg was opened with the Pledge of Allegiance CONSENT AGENDA MOTION Mr Lathim moved to approve the Consent Agenda Seconded by Mr Gamson Motion carried unanimously Consent items are as follows A) Approval of Minutes To approve mmutes of Regular Meetmg held October 17, 1994 To approve minutes of Special Meetmg held October 24, 1994 B) Bills and Communications To approve General Claims in the amount of $1,635,869 55 ($34,689 70 being in the form of Wire Transfer Nos 2936, 2938 and 2940, and $1,601,179 85 consistmg of Claim Warrants numbered 88772 through 89026 Payroll Claims To approve Payroll Claims in the amount of $510,083 68, Payroll Voucher Nos 38883 through 39085, and 39111 through 39308 Bad Debt Wnte-offs To approve bad debt wnte-offs for utility billing, ambulance, cemetery, and Municipal Court non-criminal and cnmmal accounts receivable in the total amount of $83,920 08 and, of that amount, authorize $81,990 32 be turned over for collection C) Authorization to Lease Police Vehicles To approve the proposed lease agreements with Financial Consultants International, Inc for the lease of four (4) 1994 Ford Crown Victoria police patrol cars and authorize the Mayor to sign the agreements D) Site Selection for Multimodal Transportation Depot To accept the recommendation of the Multimodal Transportation Depot Committee and designate the property east of the corner of 1st and Nixon Street as the preferred site for the South Central Region Multimodal Transportation Depot E) Special Permit Location of an apartment m a C-1 zone (MF #94-66- SP) To approve the special permit for an apartment in a C-1 zone at 212 North 4th Avenue, as recommended by the Plannmg Commission MINUTES REGULAR MEETING PASCO CITY COUNCIL NOVEMBER 7, 1994 F) Special Permit Location of a Caretaker's residence at 3300 East "A" Street (MF #94-69-SP) To approve the special permit for the Caretaker's residence at 3300 East "A" Street, as recommended by the Planning Commission G) Agreement for Indigent Defense Services To approve the Agreement with Linda Waite and Phil Rodnguez for Municipal Court Indigent Defense Services for calendar year 1995 and, further, authonze the Mayor to sign the Agreement PROCLAMATION AND ACKNOWLEDGMENTS None VISITORS Mr Dennis Clonmger, of 832 S 13 Avenue, addressed Council to request assistance in the matter regardmg Jesus M Torres and his release from jail on an appeal bond It was his request that Council assist with having Mr Torres returned to jail while his appeal is being filed on his conviction for child rape and molestation Mr Clonmger explained that there have been several 911 calls made concerning Mr Tones leaving his house, with very little response from the police department other than to confirm Mr Torres was in his house Mr Clomnger felt that Mr Tones was not bemg adequately supervised to ensure he is conforming to the requirements of the appeal bond Mr Clonmger wanted to submit a petition to Council to be forwarded to the Courts with a letter from Council in support of having Mr Tones returned to jail Mayor DeFelice asked Mr Clonmger what evidence he had that Mr Torres had violated the conditions of the appeal bond'? Mr Clonmger explained that he was seen leaving his house on two occasions, with a third incident being unconfirmed Mr Crutchfield suggested it would be beneficial to put this issue on a workshop agenda for discussion to allow the police department to explain it's role in this matter and to provide Council with a copy of the appeal bond conditions under which Mr Tones was released He explained that Council was in a difficult position and that the most they could do would be to express the frustration of the citizens who have come to them about this issue Mayor DeFelice explained that at the meeting of October 24, 1994, these concerns were conveyed to the Council and at that time staff was asked to provide information regarding the notification process Since receiving this information Council hasn't had time to discuss it nor have they been provided with a copy of the appeal bond conditions, therefore, no action would be taken until Council has had time to look into the mformation provided Mr Clonmger asked if Council would be willing to send a letter to the Courts regardmg this issue before next Tuesday when Mr Torres is scheduled to go to Court'? Mr Jensen stated that he would not be opposed to entertaining a resolution stating that Council would ask the Court to reconsider Mr Tones' release based on the evidence that he has violated the conditions of his appeal bond -2- MINUTES REGULAR MEETING PASCO CITY COUNCIL NOVEMBER 7, 1994 Mr Kilbury felt this issue should be put on the next workshop agenda and allow staff to provide Council with more information regarding Mr Torres' appeal bond conditions Mr Lathim stated that there were a few people he could speak to regarding policies for these sorts of things, but as a Council there wasn't much that could be done Mr Hargrow sympathized with Mr Clomnger, but pointed out that the Council would be out of line to hold hearings concerning Mr Torres Mr Crutchfield stated that it seemed to be a common concern among Councilmembers that the Court give due consideration to the notion of releasing an individual who has yet to serve his sentence in this kind of case, and that perhaps a letter from the Mayor, on behalf of the City Council, expressing such concerns to the Court would suffice at this time Mr Jensen supported Mr Crutchfield's suggestion, however, he didn't want to see the Council start second guessing the terms and conditions of the release He was concerned that offenders of this magnitude were being released into the community Mayor DeFelice felt that a letter was the appropriate method to be used and requested that staff develop a letter that stated Council's concern with Mr Torres' release on an appeal bond without serving any of his sentence, and that if he has violated the conditions of his release Council would want the entire situation reconsidered by the Courts REPORTS FROM COMMITTEES AND/OR OFFICERS Mayor's Activity Report Mayor DeFelice reported On October 18, attended the ribbon cutting ceremony for Washmgton Physical Therapy On October 21, gave the Mayor's report on KONA On October 25, participated in the March of Dimes Jail-n-Bail On October 26, attended the site dedication ceremony for the Pasco Processing Center On October 28, attended the Tn-Cities Visitor and Convention Bureau 25th Annual Luncheon, which coincided with the opening of the new Science Center On November 2, attended a press conference proclaiming recognition of the RSVP (Retired Senior Volunteer Program) Program On November 4, attended a press conference representing the City regarding the completed Senior Center project, and received a $100,000 check from the Senior Association to go towards the construction costs for this project On November 6, attended a ribbon cutting ceremony for the Senior Center with Mr Kilbury BF Regional Council Board Meeting, October 21, 1994 Mr Kilbury reported that the Board endorsed the IGR A-13-94, Kennewick School District, Acceleratmg Success for Bilingual Students, approved a recommendation to approve a Consultant Contract for the Strategic Marketing Initiative, authorized the President to sign a letter regarding support of Senate Bill 2256 -- Economic Development Administration Reauthorization, approved a Functional Classification -3- MINUTES REGULAR MEETING PASCO CITY COUNCIL NOVEMBER 7, 1994 Amendment for the City of Richland, endorsed the request to WSDOT regarding openmg of passenger rail service from Seattle to the Tn-Cities, approved the 1995 BFRC Administrative Budget, approved submittal of a letter stating concerns on the Trans 2000 concept, and authorized the Executive Director to sign the Proposed Scope of Work and Contract Authorization for the Steptoe Comdor Study Hanford Area Economic Investment Committee Meeting, October 21, 1994 Mr Hargrow reported that Senator Curt Ludwig gave the Senates view of the Hanford Economic Investment Committee, the House view was given by Director Jim Jesernig, and the community's view was given by Benton County Treasurer Claude Oliver The mission of the Investment Committee is to diversify the economy There was discussion concerning the demolition of the dikes from the Blue Bndge to the Cable Bridge, the different types of revolving funds, interest rates and grants available, and that the monies in the funds shall be used as recommended by the Committee in Section 20 The monies may not be used for government or non-profit organizations Task Force For A Safe Community Executive Board Meeting, October 24, 1994, and Board Meeting, November 1, 1994 Mr Lathan reported that both meetings were based upon discussion of the continuing effort to keep committee on line and focused on the Board's goals Tn-Cities Visitor & Convention Bureau Board Meeting, October 27, 1994 Mr Lathan was unable to attend the meeting BF District Health Board Meeting, October 27, 1994 Mr Strode was absent Pasco Downtown Development Association Annual Meeting, November 1, 1994 Mr Kilbury reported that there was discussion on the operations of the Farmer's Market for 1994, an award was given to the Farmer of the Year, there was discussion on the Village Market Place and the Autumn Festival, and a progress report on the Liberty Theater was given Parks & Recreation Advisory Council Meeting, November 3, 1994 Mayor DeFehce was unable to attend the meeting Franklin County Clean Air Authority Meeting, November 4 1994 Mr Hargrow reported that the purpose of the meeting was to make recommendations to the County Commissioners in reference to what dutues of the Clean Air Authority are to be retained and what is to be given over to the Department of Ecology Mr Lathan felt that the City should track this issue very closely and that the State should be allowed to be responsible for those activities not wanted by the County Mr Kilbury was uncomfortable with subjecting the City and County to the tender mercies of the Department of Ecology Mr Lathan pointed out that the State has been more lenient than the local Board B F Transit Special Meeting, October 26 ,1994 Mr Garrison reported that the Board approved a new computer system for the Transit System in the amount of $133,000 PUBLIC HEARINGS Street Vacation - Portion of Railroad Avenue from 1-182 to the Foster Wells Road (MF 394-67-V) Mr David McDonald, City Planner, -4- MINUTES REGULAR MEETING PASCO CITY COUNCIL NOVEMBER 7, 1994 addressed Council and noted for the record that notice of the pubhc hearing was published as required by law Mr McDonald explained that the Franklin County P U D has requested that the City vacate the eastern 15 feet of Railroad Avenue for the location of a transmission line to serve the Pasco Processing Center The P U D has concerns about locating a line of this magnitude in the right- of-way due to the potential for the City to request various improvements be moved at owner expense The P U D is requesting an easement be retained on the portion of right-of-way vacated so the transmission line can be located without obtammg easement from each property owner The right-of-way for this portion of Railroad Avenue is 100 feet in width Major artenals within the community are typically only 80 feet in width which has proved adequate Staff recommends that it be vacated with the retention of the easement as requested by the P U D MAYOR DEFELICE DECLARED THE PUBLIC HEARING OPEN TO CONDUCT A PUBLIC HEARING TO CONSIDER VACATING A PORTION OF RAILROAD AVENUE FROM 1-182 TO FOSTER WELLS ROAD Following three (3) calls from Mayor DeFelice for comments from the floor, either for or against, and there being none, the public hearmg was declared closed Ordinance No. 3056 AN ORDINANCE VACATING THE EAST 15 FEET OF RAILROAD AVENUE FROM 1-182 TO THE FOSTER WELLS ROAD MOTION Ordinance No 3056, was read by title only Mr Garrison moved to adopt Ordinance No 3056, vacating a portion of Railroad Avenue from 1-182 to Foster Wells Rd Mr Lathan seconded the motion Motion earned unanimously ORDINANCES/RESOLUTIONS NOT RELATED TO PUBLIC HEARINGS Ordinance No. 3057 AN ORDINANCE CONCERNING INDUSTRIAL WASTEWATER DISCHARGE, TREATMENT AND MONTHLY RATES AND CHARGES, AND CREATING NEW CHAPTER 13 41 TO THE PASCO MUNICIPAL CODE MOTION Ordinance No 3057, was read by title only Mr Garrison moved to adopt Ordinance No 3057, establishing rates and regulations for the use of the Industrial Wastewater System Mr Lathan seconded the motion Motion carried unanimously Resolution No. 2154 A RESOLUTION AUTHORIZING AN INTERFUND LOAN FROM CASH RESERVES FOR INTERIM FINANCING OF THE IMPROVEMENTS FOR LOCAL IMPROVEMENT DISTRICT NOS 126, 127 AND 128 MOTION Resolution No 2154, was read by title only Mr Garrison moved to approve Resolution No 2154, authorizing the interim financing for Local Improvement Districts 126, 127 and 128 with cash reserves from various funds of the city Mr Lathan seconded the motion Motion earned unanimously -5- MINUTES REGULAR MEETING PASCO CITY COUNCIL NOVEMBER 7, 1994 Ordinance No. 3058 AN ORDINANCE RELATING TO ZONING AND CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY WITHIN THE CITY OF PASCO FROM C-3/I-1 WITH A CONCOMITANT AGREEMENT/RMH-2 (GENERAL BUSINESS/LIGHT INDUSTRIAL/MOBILE HOME PARK) TO I-1 (LIGHT INDUSTRIAL) MOTION Ordmance No 3058, was read by title only Mr Gamson moved to adopt Ordinance No 3058, granting a rezone from C-3/I-1 with conditions/RMH-2 to I-1, as recommended by the Planning Commission Mr Lathim seconded the motion Motion earned unanimously UNFINISHED BUSINESS None NEW BUSINESS None MISCELLANEOUS - INCLUDING SUGGESTIONS FROM COUNCIL Landscaping at Civic Center Mr Enckson explamed that staff recommends that Council award the bid to the low bidder, Turf-Pro Mr Jensen asked if the contractor's back ground had been looked into to be certain of their qualifications? Mr Enckson explained that he requested 3 references and he personally interviewed the owner of Turf-Pro and questioned his back ground MOTION Mr Kilbury moved to award the bid to Turf-Pro for the landscaping of the Civic Center in the total amount of $133,239 72 which includes alternate #1 and applicable sales tax Mr Hargrow seconded the motion Motion earned by unanimous roll call vote Lease Agreements with Western Baseball League Mr Crutchfield explamed that the lease agreements have been revised to reflect the change in location and the deletion of all references to the County, and is prepared for approval next week This will require a special meetmg, which will be scheduled for November 14, 1994, at 7 30 p m Introduction of New Public Works Director Mr Crutchfield introduced Mr Bob Alberts as the new Public Works Director Mr Alberts was previously from Edmonds, WA, where he has been for the last 8 years Annual Budget Special Workshop Meeting Mr Crutchfield pomted out that the Annual Budget Work book had been handed out and a budget workshop meeting is scheduled for November 14, 1994, at 5 30 p m Mayor DeFelice stated that she would be unable to attend until 730 pm Executive Session Mayor DeFelice recessed the regular meeting to an executive session to discuss a legal issue ADJOURNMENT No further business, the meeting was adjourned at 8 46 P M -6- MINUTES REG LAR AIWING PASCO CITY COUNCIL NOVEMBER 7, 1994 J eFelice, Mayor Al1EST 1 Catherine D Seaman Deputy City Clerk PASSED and APPROVED this 21 day of November , 1994