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HomeMy WebLinkAbout1997.09.02 Council MinutesMINUTES PASCO CITY COUNCIL REGULAR MEETING SEPTEMBER 2, 1997 CALL TO ORDER The meeting was called to order at 7 30 P M by Charles D Kilbury, Mayor ROLL CALL By Deputy City Clerk Councilmembers present Michael Garrison, Joe Jackson, Chris Jensen, Charles Kilbury, Dan Lathim, Rebecca Francik, and Carl Strode Also present Gary Crutchfield, City Manager, Leland B Kerr, City Attorney, Dan Underwood, Finance Director, Dave McDonald, City Planner, Denis Austin, Police Chief, Greg Garcia, Fire Chief, Bob Alberts, Public Works Director, Greg Garcia, Fire Chief, Richard Smith, Community & Economic Dev Director, Kurt Luhrs, Personnel/Risk Manager, and Tim Arntzen, Management Assistant PLEDGE OF ALLEGIANCE The meeting was opened with the Pledge of Allegiance CONSENT AGENDA MOTION Mr Garrison moved to approve the Consent Agenda Seconded by Mr Lathim Motion carried unanimously Consent items are as follows A) Approval of Minutes To approve minutes of Regular Meeting held August 18, 1997 B) Bills and Communications To approve General Claims in the amount of $589,344 43 ($107,764 53 being in the form of Wire Transfer Nos 3090, 3091 and 3092, and $481,579 90 consisting of Claim Warrants numbered 103895 through 104073) Payroll Claims To approve Payroll Claims in the amount of $985,893 60, Payroll Voucher Nos 5479 through 6313 Bad Debt Write-offs To approve bad debt write-offs for utility billing, ambulance, cemetery, Municipal Court non-criminal and criminal accounts receivable in the total amount of $96,829 04 and, of the amount $95,850 68 be turned over for collection C) Renewal of Structure Fire Protection Contract for Sacajawea Park To approve the contract for fire protection services to Sacajawea Park and authorize the Mayor to sign the contract D) Resolution No 2329 To approve Resolution No 2329, fixing 7 30 p m, October 6, 1997, as the time and date for a public hearing to consider the proposed vacation of Chestnut Avenue between "B" Street and the east/west alley in Block 8, Owen's Addition and a portion of the north/south alley in Block 7, Owen's Addition E) Resolution No 2330 To approve Resolution No 2330, fixing 7 30 p m, Monday, October 6, 1997, as the time and date for a public hearing to consider the proposed vacation of South 5th Avenue between "B" Street and "C" Street in Gantenbein's Addition F) Acceptance of Easement To accept the waterline easement as granted by John and Dorothy Overman G) Local Agency Agreement for Federal Funds for Burden Boulevard East To authorize the City Manager to execute a Local Agency Agreement for federal funds for Burden Boulevard East Construction Project MINUTES REGULAR MEETING PASCO CITY COUNCIL SEPTEMBER 2, 1997 PROCLAMATIONS AND ACKNOWLEDGMENTS Yard of the Month Award Mayor Kilbury presented Yard of the Month Awards for August, 1997 to the following Pasco residents Joe 86 Mary Ann Clifton, 320 Waldemar Street Paul 86 Mima Harris, 908 S 7th Avenue Michael 86 Rhonda Chapman, 321 N 20th Avenue Don 86 Dorothy Wilson, 1620 W Mane Street (unable to attend) John 86 Barbara Kerr, 2104 N 18th Drive Lorenzo 86 Alicia Cona, 3702 Meadow View Drive Kenneth 86 Betty Wood, 4004 W Opal Street VISITORS None REPORTS FROM COMMITTEES AND/OR OFFICERS None PUBLIC HEARINGS Final Assessment Roll for Frontage Road LID No 125 Mr Alberts, Public 'Works Director, addressed Council and noted for the record that notice of the public hearing was published as required by law Mr Alberts gave a brief out line of the LID process and explained that LID No 125 was created to improve a substandard City street and improve access for businesses and residents to Lewis Street After failing in 1993 the LID was revisited in 1996 and was approved with minimal opposition Frontage Road was improved with additional infrastructure and a standard City roadway with curbs, gutters and sidewalks The final assessment is $199,714 85, which is 12% below the original assessment MAYOR KILBURY DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE FINAL ASSESSMENT ROLL FOR LID NO 125 Mr Fred Wattenburger, of 4706 Desert Plateau Drive spoke for his father Earl Wattenburger Mr Wattenburger had several items that needed correction before the project should be accepted by Council He was concerned that the cut-outs, for truck traffic, are cracking and should be repaired, there are some areas that need to be filled in with gravel, and there are some boulders and chunks of concrete that should be hauled off Mr Jensen asked staff to look into, and correct, these problems Mr Strode felt it would be appropriate for staff to report back to the Council that Mr Wattenburger's concerns have been resolved Mr Crutchfield urged those involved in LID No 125 that have any concerns to notify staff as soon as possible so they can be corrected Following three (3) calls from Mayor Kilbury for comments from the floor, either for or against, the public hearing was declared closed ORDINANCE NO. 3249 AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, APPROVING AND CONFIRMING THE ASSESSMENTS AND ASSESSMENT ROLL OF LOCAL IMPROVEMENT DISTRICT NO 125, FOR THE IMPROVEMENT OF FRONTAGE ROAD FROM HOPKINS STREET TO LEWIS STREET, AS PROVIDED BY ORDINANCE 3155, AND LEVYING AND ASSESSING THE COST AND EXPENSE THEREOF AGAINST THE SEVERAL LOTS, -2- MINUTES REGULAR MEETING PASCO CITY COUNCIL SEPTEMBER 2, 1997 TRACTS, PARCELS OF LAND` AND OTHER PROPERTY AS SHOWN ON THE ASSESSMENT ROLL MOTION Ordinance No 3249, was read by title only Mr Garrison moved to adopt Ordinance No 3249, confirming the Final Assessment Roll for LID 125 Mr Lathim seconded the motion Motion carried by unanimous roll call vote ORDINANCES/RESOLUTIONS NOT RELATED TO PUBLIC HEARINGS ORDINANCE NO. 3250 AN ORDINANCE AMENDING SECTION 9 28 030 "PERSONS SUBJECT TO TAX - TAX RATES" AMENDING TAX RATES ON PUNCH BOARDS, PULL TABS, CARDS AND BINGO MOTION Ordinance No 3250, was read by title only Mr Garrison moved to adopt Ordinance No 3250, amending tax rates on punch boards, pull tabs, cards and bingo Mr Jenson seconded the motion Mr Crutchfield explained that at the August 11, 1997 workshop, Council was apprised of recent changes in gambling tax laws that changed the tax base for punch board and pull tab operations by non-profit agencies It was staff's recommendation that the tax rate on non-profit punch board and pull tab operations be set at the maximum allowable of 10% of net receipts It was also proposed by staff that the tax be increased from 3% of gross receipts to the maximum allowable of 5% of gross receipts for commercial or for-profit punch board and pull tab operations Finally staff recommended increasing the tax on bingo from the current 7% to the maximum allowable of 10% of gross receipts after prizes Since the August 11th workshop it was discovered that additional changes to gambling tax laws were adopted with regard to card rooms Since the City of Pasco doesn't have any card room operations, not much attention was given to the change Since then an inquiry has been made about locating a card room in Pasco, so it was determined to be necessary to review Senate Bill 5560 which extends the authority for the types of card games allowed to be played in card rooms The new legislation allows operator-banked casino type card games to be played Previous to the change only player banked "poker" type games were allowed with the facility operator collecting a fee for the privilege to play The gamblmg tax rate on such games is currently set at 20% of the gross fees collected In order to tax the new games the wording should be changed to "A tax is levied on card playing in the amount of 20% of gross revenues received from card games" Final regulations for the new types of card games have not yet been determined, no change is anticipated until the first of the new year Approximately 868,000 potential increase in gambling tax revenue to the General Fund is expected The potential increase is based on increasing gambling tax rates to the maximum possible applied to 1996 activity If the level of activity decreases the amount of increased revenue will be less Mr Strode felt the increases to maintain the status quo, particularly for the non-profit or charitable organizations, would be appropriate However, there are two categories that will experience an exorbitant increase, which will give the appearance that the City is taking advantage of a change in State law to raise taxes in these two particular areas Mr Strode felt this was distasteful, that the rates should be more in line with the existing revenue He disagreed that these two categories should be targeted as a source for increased revenues even though the purpose is for the enhancement of law enforcement for the community He also felt that these levels of increases are uncalled for and he would not support them -3- MINUTES REGULAR MEETING PASCO CITY COUNCIL SEPTEMBER 2, 1997 Ms Francik stated the job of Councilmembers is to provide essential services to the citizens of Pasco and felt she could not ask them to give up their right to tax non-profit and charitable organizations Ms Francik informed Council that because of those reasons she would vote in favor of the tax increase Mr Underwood pointed out to Council that the recommended tax increase for commercial operators would be raised to 5% of gross receipts Mr Jackson supported Mr Strode's position in regards to the proposed ordinance and, as presently prepared, he would not support it Motion carried (Yes - Jenson, Kilbury, Garrison, Francik, No - Jackson, Strode, Lathim) ORDINANCE NO. 3251 AN ORDINANCE RELATING TO ZONING AND CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY WITHIN THE CITY OF PASCO FROM RT (RESIDENTIAL TRANSITION) TO C- 1 (RETAIL BUSINESS) MOTION Ordinance No 3251, was read by title only Mr Garrison moved to adopt Ordinance No 3251, granting a rezone from RT to C-1 as recommended by the Planning Commission Mr Lathim seconded the motion Motion carried unanimously UNFINISHED BUSINESS None NEW BUSINESS None MISCELLANEOUS - INCLUDING SUGGESTIONS FROM COUNCIL Mr Dick Smith, of the Eagle's Lodge, addressed Council regarding Ordinance No 3250 and felt that the Council was wrong to impose the increase in taxes on gambling He stated that these increases would have to be passed on to the customer to make up for the lost revenues Ms Sara Stevens, of 5711 W 25th Avenue, Kennewick, spoke as a representative of the Educational Institute for Rural Families She asked Council to consider an incremental increase in the taxes instead of all at once Mr Jenson expressed concerns that the Mayor should consult with the Council before making any statements as a representative of, and speaking for, the Council He felt it was inappropriate for the Mayor to make statements to Secretary Frednco Pena, of the Department of Energy, regarding Hanford without consulting the Council Mr Jenson was also concerned about recent articles in the Tn-City Herald regarding moving the fair to the TRAC facility and felt it maybe appropriate to write a letter to the County Commissioners reaffirming the City's lack of interest in moving the fair from the fair grounds in Kennewick -4- MINUTES REGULAR MEETING PASCO CITY COUNCIL SEPTEMBER 2, 1997 ADJOURNMENT rther business, the meeting was adjourned at 8 24 P M / // n ALA / Charles D Kilbury, May ATTEST Catherine D Seaman Deputy City Clerk PASSED and APPROVED this 15 day of September , 1997 -5--