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HomeMy WebLinkAbout01-04-1988 MinutesMINUTES PASCO CITY COUNCIL REGULAR MEETING JANUARY 4, 1988 CALL TO ORDER Meeting called to order at 8.00 P M by Joe W. Jackson, Mayor. ROLL CALL By City Clerk. Councilmen present were Michael Garrison, Beverly Green, Ed Hendler, E.A. Snider, Joe Jackson and Emerson Morgan. Councilman Lee Kraft was absent from the meeting (excused). Also present were Gary Crutchfield, City Manager, Greg Rubstello, City Attorney; Donald Francis, Chief of Police, Larry Dickinson, Fire Chief, David McDonald, Director of Community Development, Webster Jackson, Personnel/Purchasing Officer; and Pasco Police Officers Doug Chambers, Mike Monroe and Bob Mancillas ELECTION OF MAYOR AND MAYOR PRO-TEM Ballots were distributed for the position of Mayor. First ballot revealed the following tabulation Hendler - 3, Green - 1, Jackson - 2 Ed Hendler declared Mayor of Pasco Second ballot for Mayor Pro-Tem revealed the following vote Snider - 4; Jackson - 1, Kraft - 1, E A "Duke" Snider declared Mayor Pro-Tem. Mr Hendler was promptly seated as Mayor. He stated he was proud to serve behind Joe Jackson, whom he regarded as one of the finest Mayors in Pasco Mr Jackson proved to be a tireless worker and dedicated public servant. Mayor Hendler then asked for a standing ovation for former Mayor, Joe W. Jackson. CONSENT AGENDA Mr. Snider moved to approve Consent Agenda. Seconded by Mr. Morgan Motion carried. Consent items are as follows a) Approval of Minutes. To approve minutes of regular meeting, held December 21, 1987. b) Bills. To approve General Claims in the amount of $131,913 24 ($8,192 91 being in the form of Wire Transfer No. 1765), and $123,720.33 consisting of Claim Warrant Nos. 56534 through 36647 (1987 Claims). To approve General Claims in the amount of q,285.45, Claim Warrant Nos. 56648 through 56652 (1988 Claims). To approve Payroll Claims in the amount of $488,481 42; Payroll Voucher Nos 5090 through 5248, and 5249 through 5410, and 5411 through 5574. To apnrove bad debt write-offs for utility billing, ambulance, Municipal Court non-criminal accounts receivable, and miscellaneous accounts receivable in the total amount of $8,898.65 and, of that amount, authorize $8,391.57 be turned over for collection. c) Appointment to Housing Authority Board. To concur in the appointment by the Franklin County Board of Commissioners of Mr. James U Rogers to Position No. 1 on the Housing Authority Board, filling the unexpired term of Bill Jordan, to expire January 28, 1992. d) Farmer's Market Addition. To authorize staff to call for bids for the erection of a second building at the Farmer's Market. e) / Public Hearing on Abatement Project - 126 and 126 1/2 W Lewis. To fix 8 00 P. M., January 18, 1988, as the fime and date to hold a public hearing to determine the method of recovering City costs for abatement activities at 126 and 126 1/2 W. Lewis. I I I MINUTES PASCO CITY COUNCIL REGULAR MEETING JANUARY 4, 1988 CONSENT AGENDA - Continued f) Public Hearing on Abatement Project - 312 W. Shoshone. To fix 8 00 P.M., January 18, 1988, as the time and date to hold a public hearing to determine the method of recovering City costs for abatement activities at 312 West Shoshone. g) Public Hearing on Abatement Project - 1508 and 1510 East George. To fix 8 00 P.M., January 18, 1988, as the time and date to hold a public hearing to determine the method of recovering City costs for abatement activities at:I508 and 1510 East George h) Public Hearing on Abatement Project - 108 Owen. To fix 8 00 P M., January 18, 1988, as the time and date to hold a public hearing to determine the method of recovering City costs for abatement activities at 108 Owen. 1) Resolution No. 1815. A Resolution approving the Narcotics Control Grant Contract with the State Department of Community Development (No. 2-38-71263). 1988 Crack Sealing Program. To award contract for the 1988 Crack Sealing to low bidder, Ray Poland & Sons, in the amount of $10,496.00 and, further, to authorize the Mayor to sign the contract documents. PUBLIC HEARING MAYOR HENDLER DECLARED THE PUBLIC HEARING OPEN PURSUANT TO SECTION 5.04.110 PMC FOR A HEARING TO DETERMINE WHETHER OR NOT TO REVOKE THE BUSINESS LICENSE OF THE LA TE JENITA TAVERN (RAYMUNDO JIMINEZ). The City Clerk read the following statement "This is the date that Council has set pursuant to Section 504.110 PMC for a hearing to determine whether or not to revoke the business license of the LaTeJenita Tavern. Notice of the hearing was served on the licensee, Raymundo Jiminez, on December 22, 1987, informing him of the hearing and of the grounds and reasons for forfeiture and revocation of a business license for LaTeJenita Tavern. The notice also directed Mr. Jiminez to appear at this hearing and to show cause why the license should not be revoked." The City Attorney gave notice of service and log of Police calls to LaTeJenita Tavern to the City Clerk for permanent record. He reiterated that major Police activity was required at this location due to possession, sale and delivery of narcotics. He cited instances of flagrant use of drugs on the premises which were substantiated by Officer's reports. Further, Mr. Jiminez was charged twice with sale of drugs. At this point, the City Attorney asked Mr. Jiminez if he was represented by counsel and if he wished to make a statement. Mr Raymundo Jiminez, 228 W. Lewis, owner of LaTeJenita Tavern, stated that his business should not be closed because of drugs. He did not use them but he couldn't stop others from doing so, and they were all over - in schools, restaurants, etc The City Attorney asked Mr. Jiminez if he could explain the cocaine on dinner plates - do you disagree? Mr. Jiminez nodded negatively. The City Attorney asked if Mr. Jiminez disagreed with accusation of open cocaine in tavern? Mr. Jiminez replied, "they don't tell me nothing." The City Attorney asked Mr. Jiminez if he tried to stop the drug trafficking. To this, he replied, "I kicked them out." Detective Michael Monroe, Pasco Police Department, a member of Metro Narcotics Unit, cited numerous instances of Police response to LaTeJenita Tavern for drug related problems. They observed bindles of cocaine/heroin on the premises, needles sticking out of user's arms, and unauthorized firearms. MINUTES PASCO CITY COUNCIL REGULAR MEETING JANUARY 4, 1988 PUBLIC HEARING - Continued Detective Monroe was asked if he participated in search warrant on November 29, 1987. He replied that Officer Bob Mancillas served the search warrant at 11 00 P.M., November 29, 1987, and there were approximately 50 people in the tavern. They found cocaine in the kitchen and bedroom. Over the past year, officers have gone to the tavern on a regular basis and made weekly arrests for openly using narcotics. Undercover officers have been there over 20 times in the last 6 months to purchase heroin. Councilman Beverly Green expressed concern that Mr. Jiminez had had every opportunity for legal counsel. Mr. Snider replied that Mr. Jiminez, as owner of the business, had an obligation to control what was going on - specifically, it's against the law. Further, Mr Jiminez has had sufficient opportunity to seek legal counsel or ask for a postponement. Mrs. Minnie Pesina commended the City Council for their action and stated this was a good example that this type of activity will not be tolerated in the City of Pasco. Mrs. Pesina asked if she would be allowed to translate for Enrique Diaz. Council was affirmative. Mr. Enrique Diaz, through interpreter Minnie Pesina, stated this was a distraction for our families. There was no need for this type of activity. Mr. Charles Coleman, representing PDDA, reiterated that passage of crime levy showed that responsive citizens want a change. It is damaging our children and PDDA supported revocation of license Dora Valero, 3308 W. Sylvester, acted as interpreter for Heldeliza Ramos, 2041-D West Pearl. Mrs. Ramos concurred that sale of drugs should be stopped, but what about the Palm Tavern and other taverns that were doing the same thing? If we are going to close businesses due to sale of drugs, then we should go after all of them. Mrs. Ramos, personally, was against drugs for herself. Mr. Snider rebutted by stating that if you break the law and get caught, you have to stand the penalty. Mrs. Shirley Shepard commended the council for their action and reiterated that people selling drugs don't have rights as far as she is concerned. Following three (3) calls from Mayor Hendler for further comments from the floor, either for or against, the public hearing was declared closed. For the record, Mr. Snider read the following findings of fact 1. A tavern is operated at 228 W. Lewis, Pasco, Washington, under the name of LaTeJenita, hereinafter called "the tavern." 2. The tavern is licensed by the City of Pasco on the application of Raymundo G. Jiminez. 3. The business is owned and operated by Raymundo G. Jiminez 4. On November 23, 1987, Raymundo G. Jiminez was found guilty by jury of two counts of felony violations in Franklin County Superior Court. Count One - Delivery of Heroin, Count Two - Possession of Cocaine The delivery of heroin took place on the premises of the tavern. The cocaine was found in Mr. Jiminez' possession when a traffic stop was made to serve the Superior Court Warrant on the heroin charge. 5. After the guilty verdict on November 23, the Pasco Police Department executed a search warrant on November 29, 1987 at the tavern. Raymundo G Jiminez was present on the premises and was found carrying a firearm on his person. He was arrested and has been charged by the Franklin County Prosecuting Attorney's Office with a charge of a felon in possession of a firearm. In addition, during the search that took place on November 29th, numerous small packets of cocaine and one small packet of heroin were found on the premises in the area open to the public. In the kitchen, a dinner plate was found with a "line" of cocaine laid out on it, , 1988. Evelyn Wells, City Clerk PASSED and APPROVED this /f day o MINUTES PASCO CITY COUNCIL REGULAR MEETING JANUARY 4, 1988 PUBLIC HEARING - Continued 6 Numerous arrests have been made on the premises of the tavern for violation of narcotics laws The trafficking of illegal narcotics is commonplace at the business and appears to occur either with the approval of Mr Jiminez or without any concern by Mr Jiminez The business is also a haven for street prostitutes who also appear a multitude of criminal activity in the City, including violent crime, theft and openly tolerated on the business premises. 7. The illegal drug trade in the City of Pasco is wide-spread and a cause of I prostitution The criminal activity resulting from the drug trade has overtaxed the resources of the Pasco Police Department, damaged the reputation of the community and infringes upon the safety and well-being of Pasco citizens 8 The licensee of a City of Pasco business is responsible for the operation of the business The licensee, Raymundo G. Jiminez has used the tavern premises for illegal narcotics activity and has permitted others to use the business premises for such activity He has failed in his responsibility to oversee the operation of the business so as not to promote or condone illegal activities or endanger the public health, safety and welfare 9 Wrongful behavior of a substantial character and of a public concern in relation to the licensed activity at the tavern has occurred on a significant and frequent level 10 Revocation of the business license for the tavern and the privilege of Raymundo Jiminez to operate a business at the tavern location is reasonably necessary in the interests of protection of the public health, safety, peace and welfare due to a) The nature and frequency of the wrongful activities that have b) The identity of the tavern by the drug motivated criminal element occurred on the tavern premises, and I in the area as a place for the possession and delivery of unlawful controlled substances is permitted, tolerated and encouraged, and c) Send a message that criminal activity of the nature that occurred at the tavern shall not be tolerated on licensed business premises of the City of Pasco and that the licensee shall be held accountable for the activity on the business premises. Mr. Snider moved that the City Council revoke the business license for the LaTeJenita Tavern and for forfeiture of the privilege of Raymundo G. Jiminez to operate a business in Pasco and to adopt proposed findings of fact numbered 1 - 10 in support thereof. Seconded by Mr Morgan. Motion carried by roll call vote of six (6) ADJOURNMENT 72 No further business, Mr Snider moved for adjourn en 7t Seconded by Mr. Morgan. Motion carried Meeting adjourned at 9 00 P M / Ed endler, Mayor I