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HomeMy WebLinkAbout01-05-1971 Minutes-2u7 MINUTES PASCO CITY COUNCIL REGULAR MEETING CALL TO ORDER: JANUARY 5, 1971 Meeting called to order at 8:00 P.M. by the Honorable G.E. Carter, Mayor. ROLL CALL: By Clerk's Representative. Councilmen present were: G.E. Carter, Hilda �., Campbell, M.R. Denney, Robert Greenlee, Ed Hendler, Sam Hunt and George Stork. Also present were: City Manager M.B. Winegar, City Attorney D. Wayne Campbell, Director of Finance Harry Kinzer and Director of Urban Renewal Ray MacDonald. APPROVAL OF MINUTES: Mr. Denney moved that minutes of December 21, 1971, Page 204, be amended as follows: Delete Paragraph 4, "...Mayor Carter moved...". Seconded by Mr. Carter. Motion Carried. Mr. Hendler moved that the minutes of December 15th, 21st and 22nd be approved, as amended. Seconded by Mr. Denney. Motion Carried. BILLS: The following claims were presented for approval: General Administration $ 1,081.50 Community Development 151.92 Fire Department 272.96 Police Department 767.86 TOTAL GENERAL FUND: LIBRARY FUND: PARK FUND: RECREATION FUND: STREET FUND: ARTERIAL STREET FUND: CEMETERY FUND: GOLF FUND: WATER/SEWER FUND: FINANCE FUND: EQUIPMENT RENTAL FUND: FIREMEN'S PENSION FUND: URBAN RENEWAL FUND: URBAN ARTERIAL STREET FUND: TOTAL ALL FUNDS: $ 2,274.24 23232.39 38.78 716.76 232.78 4,043.40 225.52 463.38 133369.49 4,814.81 2,021.16 6,375.89 17,399.52 93974-72 $643182.84 Mr. Hunt moved that voucher nos. 1363 through 1475 in the total amount of $64,182.84 be approved for payment this 5th day of January, 1971. Seconded by Mr. Stork. Motion carried by roll call vote of seven (7). The following payroll claims were presented for approval: General Administration $ 4,916.96 Community Development 8,856.59 Fire Department 213251.17 Police Department 30,439.67 TOTAL CURRENT EXPENSE: $ 65,464.39 CEMETERY FUND: 2,593.67 Y LIBRARY FUND: 4,868.72 PARK FUND: 2,454.34 RECREATION FUND: 2,343.61 STREET FUND: 53688.66 GOLF FUND: 3,436.14 WATER/SEWER FUND: 163716.81 + ADMIN. SVCS. FUND: 113156.64 EQUIPMENT FUND: 2,538.66 URBAN RENEWAL FUND: 7,739.73 TOTAL ALL FUNDS: 125,001.37 6— MINUTES PASCO CITY COUNCIL REGULAR MEETING JANUARY 5, 1971 BILLS Continued: Mr. Hendler moved that voucher nos. 20487 through 20897 in the total amountof $125,001.37 be approved for payment this 5th day of January, 1971. Seconded by Mrs. Campbell. Motion carried by roll call vote of seven (7). COMMUNICATIONS: ASSOCIATION OF WASH. CITIES - Re: CIVIL SERVICE RULE OF 3: Correspondence was received from Chester Biesen, Association of Washington Cities, requesting The City of Pasco's support to amend the State mandatory civil service law substituting "the Rule of Three" for the "Rule of One." Mr. Hendler moved that the Staff write letter to Association of Washington Cities, notifying them that the City of Pasco supports their endeavor. Seconded by Mr. Stork. Motion Carried. W.S.U. - Re: CENTRAL BUSINESS DISTRICT: Mr. Hendler moved that the Staff write to David Scott, Professor of Architecture at Washington State University, soliciting his assistance for ways and means of rehabilitating down -town business district. Seconded by Mr. Carter. Motion Carried. VISITORS: PHILLIP NOON, representing Hillcrest Nursing Home, stated that the City Council granted a zone change on August 4, 1970 for a portion of Blocks 29, 30 & 31, Headlight Addition, from Residential R-1 to Residential R-3 (Nettleship). At that time, Hillcrest Nursing Home (Swanson Addition) dedicated a 30' right of way for street; however, they objected to Mr. Nettleship dedicating only 20' on north side of Jay Street. They felt area needed full 60' street. Mr. Noon further stated they did not object to apartment complex being built, but they did object to width of street. The Councilmen queried Ben Rea, Secretary of the Planning Commission, relative to side and back yard requirements as well.as set back restrictions. Councilman Denney asked how much property was involved. Mr. Rea replied approximately 6001. Gene Hiner, Contractor, stated the area definitely warranted 60' street for adequate parking, width and traffic flow. Wayne Campbell, City Attorney, stated that Mr. Nettleship had met all requirements as set forth by the Planning Commission; therefore, was a valid zone change. If the City Council required 60' street in the area, it should have been stipulated in the Ordinance which was passed on August 4, 1970. Mr. Campbell expressed concern and cautioned the Council what rammifications they could expect if they erred. Mayor Carter and other members of the Council asked if previous Ordinance, out- lining standard width of streets in new areas,would supersede the Nettleship zone change Ordinance, thereby, requiring that both parties would dedicate 301right of way in order to get full 60' street. The City Attorney replied that it should r have been stipulated in the Ordinance itself. Esther Day, teacher at Emerson School, cited problem of parents picking -up children after school and traffic problems encountered. Mr. Hendler moved that Building Permit No. 8580 - 8588 (Nettleship) be withdrawn subject to 30' right of way for Jay Street. Seconded by Mrs. Campbell. Motion carried by roll call vote of six (6). Councilman Greenlee voted no. At this point, Councilman Greenlee asked Mr. Noon why he hadn't appeared before. He replied that he hadn't been notified.' 209 MINUTES PASCO CITY COUNCIL REGULAR MEETING VISITORS - Continued: JANUARY 5, 1971 M.B. Winegar, City Manager, stated that he would check 50' right of way for traffic control and report back to Council. Mr. Denney felt a precedent should be established on uniform size of streets. CLAIMS AGAINST THE CITY: Separate claims against the City of Pasco were filed by FRANKLIN D. VAN ATTA, SR. ($300,000.00) and ROBERT C. OLSEN (Claim for Tort) as a result of collision at Oregon Street and Highway 395 on September 8, 1970. Mr. Stork moved that these claims be forwarded to City's insurance carrier and City Attorney. Seconded by Mr. Hunt.... Motion Carried. ORDINANCES: ORDINANCE NO. 1452: AN ORDINANCE AMENDING SECTION 2.3 OF ORDINANCE NO. 1203, PASCO MUNICIPAL CODE 22.24.020 AND SECTION 2.5 OF ORDINANCE NO. 12033 PASCO MUNICIPAL CODE 22.24.040, AND BEING AN ORDINANCE ESTABLISHING COMPREHENSIVE ZONING REGULATIONS FOR THE CITY OF PASCO, AND PRO- VIDING FOR THE ADMINISTRATION, ENFORCEMENT, AND AMENDMENT THEREOF IN ACCORDANCE WITH THE PROVISIONS OF R.C.W. 35.63. Ordinance No. 1452 was read by title only. Mr. Stork moved that Ordinance No. 1452 be adopted. Seconded by Mr. Hendler. Motion carried by roll call vote of seven (7). ORDINANCE NO. 1453: AN ORDINANCE AMENDING SECTION 53 OF ORDINANCE NO. 962 AND PASCO MUNICIPAL CODE 13.16.030, AND BEING AN ORDINANCE RELATING TO THE CITY WATER AND SEWER SYSTEM, ESTABLISHING RULES AND REGULATIONS FOR THE USE AND OPERATION OF THE WATER AND SEWER SYSTEM, ES- TABLISHING WATER AND SEWER RATES, ESTABLISHING THE PROCEDURE AND CHARGES FOR EXTENSIONS OF WATER AND SEWER MAINS, DEFINING OFFENSES AND PROVIDING PENALTIES FOR THE VIOLATION OF THIS ORDINANCE. Ordinance No. 1453 was read by title only. Mr. Hunt moved that Ordinance No. 1453 be adopted. Seconded by Mrs. Campbell. Motion carried by roll call vote of seven (7). ORDINANCE NO. 1454: AN ORDINANCE AMENDING SECTION 1 OF -ORDINANCE NO. 1443, BEING AN ORDINANCE FIXING THE AMOUNT OF AD VALOREM TAX LEVIES NECESSARY. TO RAISE THE ADDITIONAL AMOUNTS NEEDED BETWEEN ESTIMATED REVENUES FROM SOURCES OTfE;R THAN AD VALOREM TAXES .FOR CERTAIN FUNDS AND ESTIMATED EXPENDITURES, AND FOR THE PAYMENT OF PRINCIPAL AND IN- TEREST UPON THE GENERAL BONDED INDEBTEDNESS OF THE CITY OF PASCO FOR THE FISCAL YEAR 1971; AND TO LEVY THE ANNUAL AD VALOREM TAXES OF THE CITY OF PASCO FOR THE FISCAL YEAR 1971 AND APPORTIONING THE SAME TO CERTAIN FUNDS FOR CERTAIN PURPOSES. Ordinance No. 1454 was read by title only. Mrs. Campbell moved that Ordinance No. 1454 be adopted. Seconded by Mr. Hunt. Motion Carried by roll call vote of seven (7). (Councilman Hendler called attention to Library Fund millage and stated the City of Pasco had always supported its Library to the fullest). 210 f� REGULAR MEETING ORDINANCES: ORDINANCE NO. 1455: MINUTES PASCO CITY COUNCIL JANUARY 5, 1971 AN ORDINANCE REPEALING ORDINANCE NO. 1418, PASCO MUNICIPAL CODE CHAPTER 5.52, AND PROHIBITING LICENSING BY THE CITY OF PASCO OF ANY GAMBLING GAME OR DEVICE WHICH IS VIOLATIVE OF ANY STATUTE OF THE STATE OF WASHINGTON, AND REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT WITH THIS ORDINANCE. Ordinance No. 1455 was read by title only. Prior to motion, Mayor Carter asked that letter from Franklin County Sheriff Richard Boyles to Mayor Carter be entered into the record. (Letter dated 1/4/71) "This letter is to inform you, the City Council, and the City Manager, of the policy Franklin County Sheriff's Office is taking in reference to the gambling laws. According to the Attorney General's opinion in 1969 #9, punch boards, pinball machines, multiple coin pinball machines, card tables, pull tab punch cards, and other forms of gambling as defined by statute are illegal. Also, to tolerate illegal gambling of any type in violation of State Law may subject law enforcement officials to federal charges under the Organized Crime Control Act of 1970. I have an opinion from C.J. Rabideau, Prosecuting Attorney, as to the illegality of the above mentioned games and devices. He has assured me that upon complaint from this office, he will continue to enforce the laws of the State of Washington against gambling. As of January 1, 1971, the so-called "Tolerance Policy" will not be honored by this office. Our briefing of department personnel will be completed approximately the fifteenth of January. At that time, any violations brought to our attention by complaint or investigation will be submitted to the Prosecuting Attorney for prosecution." Mr. Hunt moved that Ordinance No. 1455 be adopted. Seconded by Mrs. Campbell. Motion carried by roll call vote of seven (7). (Mayor Carter voted yes with reluctance as he felt church sponsored bingo games and card parties were being declared illegal while $5 - $100 betting would be sanctioned). RESOLUTIONS: RESOLUTION NO. 837: A RESOLUTION AMENDING THE FEE SCHEDULE FOR THE PASCO MUNICIPAL GOLF COURSE AS PROVIDED FOR IN RESOLUTION NO. 767. Prior to reading of Resolution No. 837, Mr. Hendler moved that Resolution No. 837 be amended to read: "Senior Citizen - $110.00 (instead of $120) and Senior Citizen (Man & Wife) _ $140.00 (instead of $150.00)" Seconded by Mayor Carter. Motion Carried. Resolution No. 837 was read by title. Mr. Stork moved that Resolution No. 837 be approved, as amended. Seconded by Mr. Hendler. Motion carried by roll call vote of seven (7). (Councilman Denney questioned point of order relative to making amendments prior to reading of Resolutions & Ordinances. The City Attorney ruled that amendments could be made prior to the reading). 211 MINUTES PASCO CITY -COUNCIL REGULAR MEETING RESOLUTIONS: RESOLUTION NO. 838: JANUARY 5, 1971 A RESOLUTION SETTING FORTH THE POLICY OF THE CITY OF PASCO FOR WORKING AGAINST DISCRIMINATION; CREATING A "PASCO ANTI -DISCRIMINATION COMMISSION," PROVIDING FOR THE TERMS OF OFFICE AND METHOD OF APPOINT- MENT; AND SPECIFYING THE DUTIES AND RESPONSIBILITIES OF THE PASCO ANTI -DISCRIMINATION COMMISSION. Resolution No. 838 was read in its entirety. Mr. Denney moved that Resolution No. 8385 Section 2, last sentence, be amended to read as follows: "Further, the Anti -Discrimination Commission may adopt such rules of procedure as are necessary to accomplish their duties described below, subject to confirmation by the City Council of Pasco." Seconded by Mayor Carter. Motion Carried. Mr. Stork moved that Resolution No. 838 be adopted, as amended. Seconded by Mrs. Campbell. Motion carried by roll call vote of seven (7). RESOLUTION NO. 839: A RESOLUTION ACCEPTING THE WORK DONE BY L.W. VAIL COMPANY, INC. UNDER JOB NO. 70-02 STREET CONSTRUCTION COLUMBIA STREET (L.I.D. 81) AND VICINITY AND JOB NO. 70-18 STREET CLONSTRUCTION URBAN RENEWAL AREA. Resolution No. 839 was read by title only. Mr. Hendler moved that Resolution No. 839 be adopted. Seconded by Mrs. Campbell. Motion carried by roll call vote of seven (7). RESOLUTION NO. 840: A RESOLUTION ACCEPTING THE WORK DONE BY A.V. DeBLASIO CONSTRUCTION UNDER JOB NO. 70-05 CHASE AVENUE STORM SEWER (L.I.D. 82). Resolution No. 840 was read by title only. Mrs. Campbell moved that Resolution No. 840 be adopted. Seconded by Mr. Hunt. Motion carried by roll call vote of seven (7). UNFINISHED BUSINESS: BARGAINING AGREEMENT - OPERATING ENGINEERS: Mr. Hendler moved that the City Manager be authorized to sign Bargaining Agreement with Operating Engineers on behalf of the City of Pasco. Seconded by Mr. Hunt. Motion Carried. COLLECTIVE BARGAINING AGREEMENT - LOCAL NO. 1433, FIREFIGHTERS: Mr. Hendler moved that the Mayor and City Manager be authorized to. sign Collective Bargaining Agreement with Local No. 1433, Firefighters on behalf of the City of Pasco. Seconded by Mr. Hunt. Motion Carried. ABANDONED CAR AGREEMENT - TOMMY MOORE: An Agreement was submitted by Tommy Moore to the City of Pasco, whereby Mr. Moore agreed to furnish a site to which the City may cause to be hauled, abandoned automobile hulks and abandoned vehicles. Following discussion, Mr. Hendler moved that the City Manager be authorized to sign Agreement with Mr. Moore, subject to proper insurance liability as deemed necessary by the City Manager. Seconded by Mr. Greenlee. Motion Carried. APPLICATION FOR YOUTH CENTER: Prior to question, Councilman Hendler felt that individuals involved in promoting the Youth Center should fully understand that the City of Pasco is financially incapable of funding on a direct basis the program which is being presented; however, we recognize the need and support the Program. (The City of Pasco's contribution amounts to approximately $6,100 in-kind services). Esther Day, 419 Bonneville, expressed concern over noise generated by teen-age groups and suggested policing of area. Mr. Hendler moved that the City Manager be authorized to sign Agreement and submit application to Law & Justice Planning Office. Seconded by Mr. Hunt. Motion Carried. 212 MINUTES PASCO CITY COUNCIL REGULAR MEETING JANUARY 5, 1971 POLICE COMMUNITY RELATIONS APPLICATION: Mr. Denney moved that the City Manager be authorized to sign application for Police Community Relations Grant and submit it to the Law & Justice Planning Office. Seconded by Mr. Hendler. Motion Carried. NEW BUSINESS: FINANCIAL ADVISORY SERVICES: Mr. Hendler moved that .present offer of Wm. P. Harper & Son & Company be rejected, and that our consultant keep us advised as to bond market. Seconded by Mr. Denney. Motion Carried. CALL FOR BIDS - POLICE CARS: Mr. Hunt moved that the City Manager be authorized to bid collectively with the cities of Kennewick and Richland for new Police cars. Seconded by Mr. Hendler. Motion Carried. URBAN RENEWAL - PARCEL NO. 48-3: Mr. Hendler moved that Parcel No. 48-3, Sparks, in the total amount of 2, 50.00 be purchased, as recommended by Leon Paul, Deputy Director - Department of Urban Renewal. "Seconded by Mr. Stork. Motion carried by roll call vote of seven (7). PASCO CHAMBER OF COMMERCE & TRI CITY NUCLEAR COUNCIL: Mr. Hendler moved that the City of Pasco re -join the Pasco Chamber of Commerce and Tri City Nuclear Industrial Council in the amount of $750 and $500 respectively. Seconded by Mr. Hunt. Motion Carried by roll call vote of seven (7). 1:1"• 4��i�lt�� GOVERNMENTAL CONFERENCE: Mayor Carter stated that any member of the Pasco City Council can attend Governmental Conference Meetings and bring back information as well as vote, after having gotten approval of the Council. ANTI -DISCRIMINATION COMMITTEE: It was suggested that the news media assist The City of Pasco in an effort to solicit volunteers to serve on this committee. SUGGESTIONS FROM COUNCIL - GENERAL DISCUSSION: Councilman Denney asked that a Resolution be prepared whereby the City of Pasco supports present rail transportation as opposed to Rail Pax proposal of one (1) train between Chicago and Seattle. We now have six (6) trains serving the area. He cited importance of obtaining population serviced by Burlington Northern in this area. Councilman Hendler asked that Board of Adjustment be placed on next Workshop Agenda. ADJOURNMENT: Meeting adjourned at 10:45 P.M. ATTEST: Harr�"D. Ki , Director ex-offici ity Clerk PASSED and APPROVED this day of J. G.E. Carter, Mayor ve