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
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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
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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
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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,
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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
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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
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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