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HomeMy WebLinkAbout12-21-1971 Minutesi 1 1 MINUTES, PASCO CITY COUNCIL REGULAR MEETING CALL TO ORDER: 0�7 DECEMBER 21, 1971 Meeting called to order at 8:00 P.M. by the Honorable G.E. Carter, Mayor. ROLL CALL: Present at the meeting were: G.E. Carter, Katie Barton, Sterl Adams, M.R. Denney, R.L..Greenlee and George P. Stork. Councilman Sam.Hunt was absent and had been excused due to illness. Also present were: M.B. Winegar, City Manager; Harry D. Kinzer, City Clerk/ Finance Director; D. Wayne Campbell, City Attorney; Sandra Stanley, City Engineer, and Al Tebaldi, Police Chief. APPROVAL OF MINUTES: Motion made by Greenlee, seconded by Stork that the minutes of regular meeting of December 7th be approved. Motion Carried. Mr. Sterl Adams was formally introduced.to the public by Mayor Carter. (Mr. Adams was appointed to fill the unexpired term of Hilda Campbell, resigned). BILLS AND COMMUNICATIONS: The City Manager read list of General Claims by fund: Legislative Judicial Executive Financial & Administration Legal Planning Building & Property Service Other- Services Police Fire Protective Inspections Ambulance & Aid Engineering Housing & Occupancy Other Physical Environment Health TOTAL GENERAL FUND: CITY STREET ARTERIAL STREET LIBRARY CEMETERY URBAN RENEWAL PARKS & RECREATION CAPITAL PROJECT WATER/SEWER CONST. CAPITAL PROJECT INTER -CITY BRIDGE CAPITAL PROJECT - U.A.B. CHASE CAPITAL PROJECT - U.A.B. N. 4TH CAPITAL PROJECT - U.A.B. S. 4TH CAPITAL PROJECT HIGHLAND PARK ENTERPRISE WATER/SEWER ENTERPRISE GOLF EQUIPMENT RENTAL FINANCE OPERATION FIREMEN'S PENSION GRAND TOTAL ALL FUNDS: $ 19..95. . 276.59 460.23 2,000.00 425.67 414.13 17.64 2,557.48 6.,.552.76 4,111.11 479.70 788.19 1,225..00 421.63 694.75 4,017.50 $24.,462.33 5,053.94 4,.791.51 3,571.99 1,224.69 4,181.73 1 ,984.39 306.40 66,348.19 860.16 2,998.39 1,389.81 1,115.98 28,954.08 3,313.17 3,599.70 4,017.79 87.89 $158,262.14 Motion made by Denney, seconded by Greenlee that voucher nos. 3851 through 3967 in the total amount of $158,262.14 be paid this 21st day of December, 1971. Motion carried by roll call vote of six (6). 328 MINUTES PASCO CITY COUNCIL., REGULAR MEETING COMMUNICATIONS: DECEMBER 21, 1971 Attention was called to the legal documents filed with the City of Pasco in connection with the decision of the Board of Adjustment, authorizing a special permit for the Comm -Homes Inc. operation at 527.W. Bonneville: Application for Writ of Certiorari, Affidavit in support for Writ'of Certiorari -application; and Order to show cause why Writ should not be granted. City Attorney advised that the Hearing would be next Tuesday morning, December 28th, in the Superior Court:: The Court has three courses: -.it -can uphold the Board of Adjustment; it can set that action aside; or, it can send it back to the Board of Adjustment for further hearings; but -in any event, it -will do one of those three things and the City has gone through the show cause hearing, and the City's position will be that the 10 allegations contained in -the Affidavit are not, that there's no basis in law. PUBLIC HEARINGS: ISSUANCE OF INTEREST BEARING WARRANTS FOR,CONSTRUCTION PAYMENTS OF L.I.D. NOS. 82 AND 83 FOR STREET IMPROVEMENTS (82: Chase Avenue and 83: Urban Arterial Board Project N. 4th and S. 4th). Mayor Ceclared public hearing open. Discussion followed with regard to drainage, financing, etc. Complaint relayed to the City by Councilman Greenlee on behalf of Chinese Gardens, that drainage is .collecting in front of their restaurant's entrance way. City Engineer said this would be checked out. No further comments on the matter, public hearing was declared closed. VISITORS: BOB CHENEY PASCO YOUTH COMMISSION: Mr. Cheney reported that a survey of approximately 150 persons High School, C.B.D., Adults & Children) had been taken and the majority favored longer hours at the library, no cut in Library Budget and opposed contracting the Pasco City Library to Mid -Columbia Regional Library. The City Manager added that there was attached to the Agenda relative to Item #5, another group advocating the use of Mid -Columbia; namely•; Ameri.can Association of University Women. A.E.. PITTS requested the, -Mayor and Council to speak loudly and clear so that audience would be able -to hea-r. He then registered complaint about Chase Street and ByPass Highway, questioned whether or nOt this was truck route and the noise was objectionable to the citizens. . 1 The City Engineer responded by stating that Chase Avenue from "A" Street to Court Street is a truck route and we have signed it as a truck route to turn left onto Court from Chase. Signs have_ been ordered to be posted between the ByPass and Court Street to prohibit trucks over certain!weights.' These signs have been ordered, but not received. CLAIMS. AGAINST THE CITY: WALTER HANKINS, sewer backup - $175.00. KATHY JOY FLOWERS, sewer backup - $29.95. Motion made by Stork, seconded by Barton that these two claims be forwarded to our insurance carrier. Motion carried. REPORTS FROM COMMITTEES: None. MINUTES.' PASCO CITY COUNCIL REGULAR MEETING REPORTS FROM OFFICERS: DECEMBER 21, 1971 9 City Attorney reported that he would like'to have a motion of Council, authorizing him to execute a release in covenant not.to sue in favor of Hersey Sparling and also, that Mr. Kinzer be instructed to attest City Attorney's signature, and this' release in covenant is.a part of the water meter litigation that the City of Pasco entered into some time ago and is based upon the recommendation of our Counsel Nick O'Connell that we go ahead and settle the claim at this time against Hersey Sparling; there are several defendents re- maining in this case whose claims have not yet been settled or adjusted. I (City Attorney) would concur -with Nick O'Connell's recommendation. Motion made by Denney, seconded by Carter that Mr. Campbell be authorized to execute a rel -ease in covenant not to sue in favor of Hersey Sparling and that Mr. Kinzer is instructed to attest his signature. Motion carried. (The following is Exhibit II, Release and Covenant Not to Sue). "The City of Pasco, Washington, hereinafter referred to as "plaintiff", in consideration of the payment of the sum of One Dollar ($1) and other good and valuable consideration, receipt of which is hereby acknowledged, does hereby release, acquit and forever discharge Hersey Products, Inc. and its predecessors, successors and assigns, and each past or present, direct or indirect, partner, subsidiary, division or affiliated corporation, and each of its past or present employees, agents, representatives, officers or directors, and any other person, firm, corporation or division now, previously, or hereinafter affiliated with it (all of which are hereinafter referred to as Hersey, from all claims asserted against Hersey in Court Action No. C-69670-GHB (the "Action") in the United States District Court for the Northern District of California and from all claims, whether or not presently known, which plaintiff ever had, now has, or hereinafter may have against it and (a) which are or might have been asserted in that Action or in any other of the water meter cases consolidated before the Honorable George H. Boldt or (b) which are based upon, connected with,, or similar -or related to any of the matters referred to in any of the pleadings, papers or other records produced or filed in any of those cases and including any claims arising under any of the federal or state antitrust laws or any common or statutory law. Plaintiff covenants and agrees that it will forever refrain from instituting, prosecuting, maintaining or.pressing any action or suit, and from collecting or proceeding, against Hersey based upon any such claim. At the conclusion of the Action, plaintiff will forthwith return to.counsel for Hersey and documents, all extracts or -summaries of documents and all copies of any of the foregoing in its possession, custody or control which Hersey furnished or produced as part of pre- trial discovery'.in.the Action or.in any other --aforementioned water meter case, and plaintiff's counsel will promptly thereafter state in -writing to counsel for Hersey that neither plaintiff nor its counsel retain any such documents, summaries, extracts or copies. It is- expressly understood and agreed,that by•executing this Release and Covenant Not to Sue, plaintiff i -s not discharging, releasing, relinquishing or in any way affecting its claims against any person other than Hersey, including claims against any person or persons relating to or arising out of purchases from Hersey, and plaintiff reserves its rights to pursue its claims against any other person or entity, including the defendents other than Hersey in the aforementioned water meter cases." Reports were.acknowledged from the Humane Society for the month of November, from the Finance Officer re: Inter -City Bridge Phase I Engineering payments through December 1st, and from the Finance Officer re: business licenses through December 20th. 330 MINUTES PASCO CITY COUNCIL REGULAR MEETING DECEMBER 21, 1971 ORDINANCES: ' ORDINANCE NO. 1508: AN ORDINANCE PROVIDING FOR THE ISSUANCE OF LOCAL IMPROVEMENT DISTRICT NO. 82 AND 83 WARRANTS IN THE AMOUNT OF $54,600.00, SETTING THE RATE OF INTEREST FOR SAID INTEREST BEARING WARRANTS, AND NAMING FIREMEN'S PENSION FUND OF THE CITY OF PASCO AS THE PURCHASER. Ordi nonce No. 1508 was read. by t•i tl e. only., Moti on• made by Stork , seconded by Greenlee to adopt Ordinance No. 1508. Motion carried by roll call vote of six (6). ORDINANCE NO. 1509: AN ORDINANCE AMENDING SECTION 8.2.3 OF ORDINANCE NO. 1299, PASCO MUNICIPAL CODE 8.04.110, CHANGING THE LICENSE FEES FOR DOGS, AND BEING AN ORDINANCE RELATING TO DOGS, IMPOUNDING -OF DOGS, DISPOSITION OF DOGS, LICENSING OF DOGS, CRUEL TREATMENT OF ANIMALS, POISONING OF ANIMALS, TO PREVENT THE SPREAD OF DISEASE, PROVIDING FOR QUARANTINE, DOGS AT LARGE, TREATMENT AND PENALTIES FOR VIOLATIONS. Ordinance No. 1,509 was read by title only. Upon request of Councilman Greenlee, Section 1 of this Ordinance was read for information of those present. Motion made,bytGreenlee, seconded by Stork that Ordinance No. 1509 be adopted, providing that Richland and Kennewick adopted the same license fee. Questions placed by Mr. Pitts re: whether all dogs needed license, whether all three cities necessarily needed to adopt the same fee were answered affirmatively. Motion carried by roll call vote of six (6). (Council instructed the Manager to alert the Humane Society that from now on, matters affecting the budget, requested,by the Society, should be requested prior -to November 1st, and that a review be considered re: other inter -governmental possible requests which should also be notified re: the November 1st deadline. Motion made by Greenlee, seconded by Carter, that this be brought up at the next: -Workshop Meeting. Motion carried. ORDINANCE,NO. 1510: AN ORDINANCE PROVIDING FOR TEMPORARY TRANSFER LOANS IN THE AMOUNT OF $81,000 FROM THE ARTERIAL STREET FUND, AND IN THE AMOUNT -OF $80,000 FROM THE ENTERPRISE-WATER/SEWER FUND, TO THE GENERAL FUND IN THE AMOUNT OF $22,000, TO THE CITY STREET FUND IN THE AMOUNT -OF. $110,000, TO THE PARK & RECREATION FUND IN THE AMOUNT OF $12,400, TO THE DEBT SERVICE — 1961 G.O.B. FUND IN THE AMOUNT OF $700, TO THE DEBT SERVICE 1962 GOLF REVENUE FUND IN THE AMOUNT OF $5;700, TO THE GOLF FUND IN THE AMOUNT OF $5,000, TO THE FINANCE FUND IN THE AMOUNT OF $5,200; also, TO PROVIDE FOR REPAYMENT AND ASSESSMENT OF INTEREST. Ordinance No. 1510 was read by title only. Motion made•by Denney, seconded by Stork that Ordinance No. 1510 be adopted. Motion carried by roll call vote of five (5) (Councilman Greenlee abstained). ORDINANCE NO.•1511: AN ORDINANCE APPROPRIATING THE ADDITIONAL AMOUNT OF $24,200.00 -,IN REVENUE FUNDS; MAKING AN ADJUSTMENT TO THE ENTERPRISE -EQUIPMENT RENTAL FUND FOR $13,100.00, AND CREATING THE EMERGENCY EMPLOYMENT ACT PROGRAM FUND, "E.E.A." PROGRAM FUND FOR $11,000.00; MAKING CERTAIN BUDGET ITEM ADJUSTMENTS AND ADDITIONS TO ACCOMPLISH THE -USE AND PURPOSE SET FORTH HEREIN. Ordinance No. 1511 was read by title only. Motion made by Greenlee, seconded by Barton that Ordinance No. 1511 be adopted. Motion carried by roll call vote of six (6). 1 MINUTES PASCO CITY COUNCIL REGULAR MEETING, 331 DECEMBER 21, 1971 ORDINANCES - Continued: ORDINANCE NO. 1512: AN ORDINANCE ADOPTING THE BUDGET FOR THE YEAR 1972. Ordinance No. 1512 was read by title only. Mayor Carter invited questions pertaining to the Ordinance. Mr. Hendler made a plea on behalf of the Library Budget - requested the Council to reconsider the cut of approximately $10,000, suggested that the Park & Recreation Budget assume half and the Library half. Motion made by Greenlee, seconded by Stork that Ordinance No. 1512 be adopted. Motion carried by roll call vote of six (6). NEW BUSINESS: URBAN RENEWAL - PARCEL NO. 25-2: A request to'purciiase Parcel No. 25-2, Ray Henry, in the total amount of $16,700. Motion made by Stork, seconded by Barton, that this purchase be approved, subject to H.U.D. approval. Motion carried by roll call vote of six (6). GOLF FEES: City Manager reported that Mr. Erickson had presented figures on proposed greens fees, and that the Golf Association had been advised of the proposal; information would be at -the-Pro Shop and also additional efforts would be made to advise all persons who use the Golf Course that this matter will be discussed at the Workshop Meeting of Council, December 28th. Manager advised the Council that they hold the reins until the second Monday in January, so that this Council will meet again on January 4th. SUGGESTIONS FROM COUNCIL - GENERAL DISCUSSION: Charley Knapp addressed the Council, stating he was of the opinion that compulsory garbage contract would be discussed. He supports this and no - burning also. The Staff advised Mr. Knapp that the Dietrichs are presently reviewing proposed Ordinance and will be discussed at Workshop Meeting early in 1972. Mayor Carter reported that the Council had received a Christmas card from Mildred Partch, thanking them,for lifting the parking meters. ADJOURNMENT: Motion made by Stork, seconded by Carter to adjourn. Motion carried. CARTER, ► •% ATTEST: HARRY D. KINZER, DI TOR -OF FINANU AND EX -OFFICIO CITY CL K APPROVED this_ay of 1972. CLE S PRESENTATIVE