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HomeMy WebLinkAbout10-15-1974 MinutesMINUTES PASCO CITY COUNCIL REGULAR MEETING CALL TO ORDER: OCTOBER 15, 1974 Meeting called to order at 8:00 P.M. by the Honorable Donald Linton, Mayor. ROLL CALL: By Clerk's representative. Councilmen present were: S.K. Adams,.M.R. Denney, Donald Linton, Billie Sargent, Al Schor, Jan Tidrick and Bill Wilkins. Also present were: Harry D. Kinzer, City Manager; Patrick Roach, City Attorney; Leo E. Olney, Director of Finance; Albert Tebaldi, Chief of Police; Webster Jackson, Director of Urban Renewal and Ben Rea, Acting Director of Community Development. APPROVAL OF MINUTES: Mr. Schor moved that minutes of regular meeting, held October 1, 1974, be approved as written. Seconded by Mr. Wilkins. Motion carried. BILLS AND COMMUNICATIONS: The following claims were presented for approval: Legislative $ 36.72 Judicial 170.33 Executive 621.27 Financial & Administrative 1,800.00 Legal 1,728.88 Planning 3,894.42 Building & Property Services 186.34 Other Services 4,043.78 Police 7,056.53 Fire 2,308.61 Detention/Correction 746.90 Protective Inspections 360.63 Ambulance &'Aid 1,042.85 Engineering 1,683.24 Housing & Occupancy 329.58 Other Physical Environment 702.50 Health 6,308.15 TOTAL GENERAL FUND: $ 33,020.73 STREET 6,179.42 INTER CITY BRIDGE MAINTENANCE 150.00 E.E.FUND 132.54 LIBRARY 686.29 CEMETERY 1,705.28 URBAN RENEWAL 7,128.92 PARKS & RECREATION 4,839.71 CAPITAL PROJECT INTER CITY BRIDGE 203.94 CAPITAL PROJECT NEIGHBORHOOD FACILITY 8,970.00 ENTERPRISE WATER/SEWER 41,213.47 ENTERPRISE GOLF 5,794.67 ENTERPRISE SOLID WASTE 29,405.81 EQUIPMENT RENTAL 3,382.98 ADMINISTRATIVE SERVICES 4,483.64 FIREMEN'S PENSION 1,207.68 GRAND TOTAL'ALL FUNDS: $148,505.08 Mr. Schor moved that warrant nos. 1111 through 1321 in the total amount of $148,505.08 be approved for payment this 15th day of October, 1974. Seconded by Mr. Wilkins. Motion carried by roll call vote of seven (7). PLANNING COMMISSION: A. letter was read from City Planning Commission, requesting a public hearing to rezone"that portion of the southwest quarter of the northwest quarter of Section 20, T9N, Range 30 EWM, described as lying south of a line parallel with the distant 1000"northerly.from the south line of said sub -division and lying northerly of the northerly right of way of State Highway No. 3, as conveyed to the State of Washington by deeds recorded under Auditor's File Nos. 153333 and 248586, from Commercial C-1 to Light Industrial I-1. Mr. Wilkins moved that a Public Hearing be held November 6, 1974, for the purpose of hearing this request. Seconded by Mr. Adams. Motion carried. MINUTES PASCO CITY COUNCIL REGULAR MEETING COMMUNICATIONS - Continued: I/ C OCTOBER 15, 1974 PLANNING COMMISSION: A letter was read from City Planning Commission, recommending adoption of Preliminary Plat, submitted by Glen Stroud of Celestro, Inc.. This area is between Roads 26 and 28, south of Henry Street. Mr. Schor 'moved_ that a Public Hearing be held November 6, 1974, for the purpose of hearing this request. Seconded by Mrs. Sargent. Motion carried. PLANNING COMMISSION: A letter was read from City Planning Commission, recommending that the Comprehensive Plan for the City of Pasco be amended to include the concept of a proposed Mini Park in downtown Pasco, near the intersection of Fourth and Lewis. Mr.. Wilkins moved that a Public Hearing be held November 6, 1974, for the purpose of hearing this request. Seconded by Mr. Adams.. Motion carried. PUBLIC HEARINGS: MAYOR LINTON DECLARED THE PUBLIC HEARING OPEN TO VACATE CERTAIN ALLEYS AND STREETS WITHIN PASCO LAND COMPANY'S FIRST ADDITION TO THE CITY OF PASCO. It was reported that the Hearing had been duly published and posted. There were no adverse communications. A letter was read from City Planning Commission, recommending proposed vacation. Following three (3) calls from Mayor Linton for further comments from the floor, either for or against, the Public Hearing was declared closed. MAYOR LINTON DECLARED THE PUBLIC HEARING OPEN TO VACATE AN ALLEY IN THE URBAN RENEWAL AREA, EXCEPTING PUBLIC EASEMENTS WHERE REQUIRED. It was reported that the Hearing had been duly published and posted. There were no adverse communications. A letter was read from City Planning Commission, recommending proposed vacation. Following three (3) calls from Mayor Linton for further, comments from the floor, either for or against, the Public Hearing was declared closed. MAYOR LINTON DECLARED THE PUBLIC HEARING OPEN ON ANNEXATION REQUEST FOR CELESTRO, INC., MORE COMMONLY DESCRIBED AS FOLLOWS: PROPERTY LOCATED AT THE SOUTH HALF OF THE NW 1/4 OF THE SE 1/4 OF THE NE 1/4 OF SECTION 25,_T9N, RANGE 29 EWM, EXCEPT THE EAST 30' THEREOF FOR ROADS. It was reported that the Hearing had been duly published and posted. There were no adverse communications. A letter was read from City Planning Commission, recommending annexation'of'property. Following three (3) calls from Mayor Linton for further comments from the floor, either for or against, the Public Hearing was declared closed. ORDINANCES: ORDINANCE NO. 1675: AN ORDINANCE VACATING CERTAIN STREETS AND ALLEYS.IN THE-PASCO LAND COMPANY'S FIRST ADDITION LYING WITHIN THE CITY OF PASCO. Ordinance No. 1675 was read 1675 be adopted. Seconded seven (7). ORDINANCE NO. 1676: .by title only. Mr. Wilkins moved that Ordinance No. by Mr. Schor. Motion carried by roll call vote of AN ORDINANCE VACATING A CERTAIN ALLEY IN THE URBAN RENEWAL AREA LYING WITHIN THE CITY OF PASCO, WASHINGTON. Ordinance No. 1676 was read by title only. Mr. Schor moved that Ordinance No. 1676 be adopted. Seconded by Mr. Wilkins. Motion carried by roll call vote of seven (7) . . i 5o MINUTES PASCO CITY COUNCIL REGULAR MEETING ORDINANCES - Continued: ORDINANCE NO. 1677: OCTOBER 15, 1974 AN ORDINANCE PROVIDING FOR THE ANNEXATION OF A TRACT OF LAND TO THE CITY OF PASCO. Ordinance -No. 1677 was read by title only. Mr. Adams moved that Ordinance No. 1677 be adopted. Seconded by Mr. Wilkins. Motion carried by roll call vote of seven (7). ORDINANCE NO. 1678: AN ORDINANCE AMENDING CHAPTER 10.52 (SECTION 10.52.030) OF THE PASCO MUNICIPAL CODE AND SECTION 74 OF ORDINANCE NO. 1024, BEING AN ORDINANCE RELATING TO AND REGULATING MOTOR VEHICLES, TRAFFIC, TRAVEL, AND TRANS- PORTATION AND THEIR INCIDENTS UPON THE PUBLIC STREETS, BICYCLE PATHS, AND OTHER WAYS OPEN TO THE PUBLIC; PRESCRIBING THE POWERS AND DUTIES OF OFFICERS AND OTHERS IN RELATION THERETO; DEFINING OFFENSES; PROVIDING PENALTIES, AND REPEALING SECTION 5 OF ORDINANCE NO. 236 (PASCO CITY CODE 976.02), ORDINANCE NO. 442, (PASCO CITY CODE CHAPTER 8-2), ORDINANCE NOS. 469, 837 AND 862, (PASCO CITY CODE CHAPTER 8-1), ORDINANCE NO. 558 (PASCO CITY CODE CHAPTER 8-5), ORDINANCE NO. 784 (PASCO CITY CODE CHAPTER 8-6), AND ALL OTHER ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. Ordinance No. 1678 was read by title only. Mr. Denney moved that Ordinance No. 1678 be adopted. Seconded by Mr. Wilkins. Motion carried by roll call vote of seven (7). ORDINANCE NO. 1679: (The following is verbatim recording of this transaction per request of Councilman Al Schor. DENNEY: Mr. Mayor, at this time I am going to introduce an Ordinance which I would like considered for adoption. I do this in view of the fact that the Code has a clause that says "an Ordinance may be passed on the day of its introduction. Also, the fact that Roberts Rules of Order provide that a motion rejecting may be introduced at any future meeting. I am going to pass out this Ordinance which refers to . .(noise - Mr. Denney passing out Ordinance). SCHOR: "Oh, for goodness sake." LINTON: May we have an Ordinance Number for this particular Ordinance. CLERK: Ordinance No. 1679. MAYOR LINTON: Ordinance No. 1679 - would the =City Manager read_"this, Ordinance in its entirety. - w. DENNEY: In view of what this Ordinance covers, I would like to have it read in its entirety. MAYOR LINTON: I just asked for it. CITY MANAGER: Ordinance'No. 1679. "An Ordinance relating to Gambling and amending Chapter 9.28 of the Pasco Municipal Code entitled, "Gambling" by amending Section 9.28.040." Be it ordained by the City of Pasco as follows: Section 1. Chapter 9.28 of the Pasco Municipal Code entitled "Gambling" is hereby amended by amending 9.28.040 as follows: 9.28.040 Gambling. All gambling activities are absolutely prohibited in the City of Pasco, including but not limited to those hereafter mentioned; and each and every person who shall engage in a gambling activity or who shall deal; play; or carry on, or open or cause to be opened, or who shall conduct either as owner, proprietor, employee, whether for hire or not, any lotteries, games of chance, pull tabs, punch boards, raffel, bingo, or any game of faro monte, roulette, poker, brag, bluff craps, fan -tan or any banking or other game played with cards, dice or any device whether the same be played for money, checks, credirs or any other representatives of value, is guilty of a misdemeanor. Section 2. This Ordinance shall be in full force and effect after its passage and publication as required by law. 3-51 MINUTES PASCQ. C, 7- yl CQUNCIL REGULAR MEETING Ordinance•No. 1679 - Continued: OCTOBER 15, 1974 DENNEY: Mister Mayor, I move for adoption of Ordinance No. 1679. MAYOR LINTON: Do we have a second? TIDRICK: I'll second that. MAYOR LINTON: We have a motion and second to adopt Ordinance No. 1679. Do you want discussion or the question? ADAMS: Mister Mayor, I think this is ridiculous politics. I can't understand this type of tactics. DENNEY: Mister Mayor, at this time I am not concerned whatsoever with what Mr. Sterl Adams thinks about this procedure WILKINS: Mister=Mayor, I think this Ordinance should be tabled for further dis- cussion. We are not dealing_with one segment of the City - we're dealing with all the City and I am against this Ordinance, but if you want to pass this type of Ordinance you should at least do it on a fair, shakable basis.. I don't have to be afraid of anyone, I am big, strong and I walk down the middle of the road. I think this should be tabled for further consideration. I won"t vote for it the way it is. MAYOR LINTON: Are you making a motion to table? WILKINS: Yes ADAMS: I'll second it. MAYOR LINTON: We have a motion and second to table - all in favor of'tabling the motion, say aye - DENNEY: I would like a roll call vote. MAYOR LINTON: Roll call vote on the motion to table. CLERK: Adams - Yes; Denney - No;. Linton - No; Sargent - No; Schor - Yes; Tidrick - No; Wilkins - Yes. CLERK: 3 yes, 4 no. MAYOR 'LINTON: Motion to table fails, any discussion on the Ordinance - areyouu ready for the question? TIDRICK; Yes, I am delighted to have the opportunity to vote on this. This is what I wanted but I would also like -to. state that I am not naive enough to think this Ordinance won't be amended at the next Council meeting. I would guess there is more to it - this isn't the last of it I am sure - this is what I want, but I don't pretend to think this is the:end of it. SCHOR: Just that the subject of what we, as councilmen want and what we as councilmen believe in - I think has been discussed many times at previous council meetings and I, for one, had assumed that.it is not -what we ourselves want but what the voters who have put us in these chairs want, and they have declared themselves on two separate occasions, separated by year that they wanted gambling, so it isa clear cut issue. We have argued the point, we have kicked it aroundand here it is again, unannounced, unpublicized, Roberts Rules of Order and what have you. I would just like to see where we -,-,stand tonight. MAYOR LINTON: First, I would like to mention that we have discussed this Ordinance before - we have been unable to pass any Ordinance that we have voted upon so I guess maybe we have tried them all so are you ready for the question? DENNEY: 'Question. CLERK: Adams: No; Denney: Yes; Linton: Yes; Sargent:'Yes; Schor: No; Tidrick: Yes; Wilkins: No. CLERK: 3 No and 4 yes. DENNEY: Several years ago, an Ordinance covered -in Chapter 9.28 of the Municipal Code was adopted with the particular purpose of doing away with punchboards and pull tabs. At that time, cardroom gambling had been covered in another Ordinance and shortly after this Ordinance was passed, a man by the name of Stokely operated a bingo room for cash over across the street. Under this Ordinance, lie was prosecuted and put out of business. That Ordinance is still on the books of the City of Pasco and it is presently in -effect. Now, it is.true.that'State Law prohibited its en- forcement. During the period when the State Legislature .pa ssed.a-�Gambling"Enabling Act, and until such time as this act was amended - 1500 population or over to adopt their own Code. Now I have what I think is a competent legal opinion to the effect that Chapter 9.28 of the City Code is still in effect as the effective date of the amendment to this gambling law. That means that any gambling done in the City of Pasco, being done in the City of Pasco at the present time is a misdemeanor, subject 152 MINUTES PASCO CITY -COUNCIL REGULAR MEETING ORDINANCE No. 1679 - Continued: OCTOBER 15, 1974 to a fine of $500 or not to exceed $500 or .90 days imprisonment, under the general provision providing for violation considered as misdemeanor. I am unable at this time to say why this is not being enforced - it's valid, it's on the books and I think I have what is valid legal opinion to the effect that it is still in force. I don't know why it has not been enforced - I don't know why at the present time we are allowing pull tabs to exist when it is against the laws of the City of Pasco - that's all. WILKINS: Mister Mayor, I am going to make my statement now. I have never since I was a boy been called a coward - I don't like that - I don't like to carry a grudge. I have lost money gambling in my lifetime. I am a church man and I haven't made my million so to speak, at this point of the game I won't make its „I think that this Council, as long as I am on it, I would like to see this councilAdaown the middle of the road. Now the State has accepted gambling in the State. We do have the right in this City the same as I have a right in my house - we have a right to conduct in this City -,I think we are being a little unfair when we know we have a lot of people in this town that owns taverns and they are surviving and we know this is part of the game. We are being rather naive to come in and slip an Ordinance in and pass it without having these people here. We have collected their taxes, we have sold them a license to operate in this town. I think frankly that it is damn poor business. DENNEY: Mister Mayor, Mr. Wilkins is in error, we have collected no taxes or license fees for any gambling at all. WILKINS: Mr. Denney, I said you sold those people a license to operate a business. This is a part of their business.. MAYOR LINTON: Do we sell the punchboard licenses and other types? CITY MANAGER: No, we do not sell punchboard licenses - the County sells some punchboard licenses - I believe they are still in effect in the State - I'll bounc this off the Chief but I think the County's punchboard licenses are still in effect, are they not Chief? (Chief nods yes) MANAGER: We have received a portion of that amount of money - I can't tell you offhand how much it is but we have received one payment from the County for the licenses they have issued in 1974. ADAMS: Mister Mayor•, I have a question. Actually, is this Ordinance constitutional under the facts.as presented? Can this Ordinance become effective after publication? CITY ATTORNEY:, Yes it can.. ADAMS; In lieu of the fact that they have already paid their license ---don't-we -have to give them a reasonable time to. . . CITY ATTORNEY: I don't believe that you have to - no, I don,'t think you have to, ADAMS: I don't think that.you are being fair with -the businessman. MAYOR LINTON: Then I am going to ask the City Attorney a question. Is he accurate in saying we presently have an Ordinance on the books which prohibits gambling of all types? If we had one all the time, then it should have been enforced and there would be no need to pass this Ordinance. CITY ATTORNEY: It is my understanding that State Statute when it was passed in 1973 there is a provision in that statute that says that all Ordinances of any City are declared inactive, and at that point, any City could - if this is dated after that time, then it is a valid Ordinance, but I believe it isn't, so at the time this or at the time the Legislature passed that law, then this was no longer an active Ordinance — this was inconsistent with the State Law, and at that time the City had a duty either do nothing and allow gambling of any sort that was allowed by State Law or to prohibit any particular types that the City wanted to prohibit, but they couldn't - well;'there is another section in there that says you cannot enlarge or limit the scope of a particular type of gambling and I think that means that like under the Gambling Commission rules, they allow say 10 or 15 different types of card games. The City can't allow more than that or they can't allow less than that, they can only allow - if they are going to allow card games, they allow the card games the Commission allows them to MINUTES PASCO CITY COUNCIL REGULAR MEETING ORDINANCE NO. 1679 - Continued: OCTOBER 15, 1974 MAYOR LINTON: O.K. Pat, then question, at the point the State made a local option does this Ordinance revive or did this Ordinance remain dead? CITY ATTORNEY: Well, it is my understanding that 'it remained dead and until I have some authority to the contrary; then that is what I believe to be correct. MAYOR LINTON: But the old Ordinance did remain dead and has not been in effect? CITY ATTORNEY: Correct. SCHOR: I have a question to Councilman Denney. Why did you introduce this Ordinance this evening without benefit of the workshop prior to the meeting or having it included within the agenda? DENNEY Because we have spent about 3 1/2 hours of council time already discussing that.and'discussing this question and the public has had five different meetings in which they had ample.time to discuss it, and frankly, I chose this method of introducing it in order to get it passed - it's just that simple. MAYOR LINTON: May we have a Resolution number for 11-a please. RESOLUTIONS: RESOLUTION NO. 960: A RESOLUTION OF THE CITY OF PASCO, WASHINGTON RELATING TO AN AREA TRANSPORTATION STUDY. Resolution No. 960 was read by title only. Mr. Adams moved that Resolution No. 960 be adopted. Seconded gy Mr. Schor. Motion carried by roll call vote of seven (7) . NEW BUSINESS: CONSIDERATION OF TIRE BIDS: (Suppliers to supply the cities of Pasco and Kennewick, and Kennewick, North Franklin, Richland and Pasco School District for the year 1975). Mr. Wilkins moved that bid for tires be awarded to Goodyear Service Store in the amount of $24,734.26 for the year 1975. Further, bid be awarded to Smith•Truck and Tractor for recapping of tires in the total amount.of $3,905.58. •Seconded by Mr. Adams. Motion carried by roll call vote of•seven (7). CONSIDERATION OF PROPOSAL BY CASCADE GAS TO CONVERT CITY HALL FURNACE: Mr. Adams moved that the City Manager be authorized and directed to execute contract between the City of Pasco and Cascade Natural Gas.for the.conversion and installation of a gas fired burner in the total amount of $2,925.30. Seconded by Mr. Wilkins. Motion carried by roll call vote of seven (7).' URBAN RENEWAL - REQUEST TO PURCHASE PROPERTY: Mr. Adams moved that staff be authorized to purchase Parcel No. 14-6, James Whitish, at a cost of $14,000. Seconded by Mr. Wilkins. Motion carried by roll call vote of seven (7). (Mr. Jackson explained how selling prices are arrived at, -they have to get two appraisals, then calculate a figure compatible between the two). OLD LIBRARY BUILDING: Mr. Wilkins moved that the City Manager be authorized and directed to execute Lease Agreement on behalf of the City of -Pasco for Old Library Building to Mrs. Barbara Clarke at monthly rental fee of $100. Seconded by Mr. Adams. Motion carried by roll call vote of seven (7). Mr. Denney moved that the City of Pasco forego amount of rent owed by present leasee (Betty Lloyd) in lieu of improvements made by Mrs. Lloyd to Old Library Building. Seconded by Mrs. Sargent. Motion carried by roll call vote of seven.,(7). 154 REGULAR MEETING NEW BUSINESS - Continued: APPOINTMENTS: concurrence: MINUTES PASCO CITY COUNCIL OCTOBER 15, 1974 Mayor Linton made the following appointments and asked council's GILBERTO LOPEZ, 314 W. Agate, to the East Pasco Neighborhood Facility Board of Directors. DIXIE STEVENS, 3020 Seabrook, to the Parks/Recreation Advisory Board, term expires February 2, 1976. Mr. Schor moved that Pasco -City Council concurs with.appointments of Gilberto Lopez to the East Pasco Neighborhood Facility Board of Directors and Dixie Stevens to the Parks/Recreation Advisory Board. Seconded by Mrs. Sargent. Motion carried. Mayor Linton asked if anyone knew of candidates willing to serve on various City committees to turn their names into him at their earliest convenience. SUGGESTIONS FROM COUNCIL - GENERAL DISCUSSION: The City Manager announced two meetings in the immediate future: 1) Meeting on Tri City Multi -Purpose Convention Center to be held October 17, 1974, 7:30 P.M. at Vista Elementary School in Kennewick, Washington. 2) Meeting on Central Business District L.I.D. to be held October 28, 1974, 12:00 noon at the Top Hat Cafe in Pasco, Washington. Consultants will be in attendance. ADJOURNMENT: Meeting adjourned at 9:05 P.M. Donald D. Linton, Mayor ATTEST: -z'er,7 �� �4- -�-. .. Leo E. Olney, Director of Finance and Ex -officio City Clerk PASSED -and --APPROVED this 41 da of 1974. fl 1 1