HomeMy WebLinkAbout05-17-1977 MinutesMINUTES
PASCO CITY COUNCIL
REGULAR MEETING MAY 17, 1977
CALL TO ORDER:
Meeting called to order at 8:00 P.M,. by Jan Tidrick, Mayor.
ROLL CALL:
By Deputy City Clerk. Councilmen present were: S.K. Adams, J.C. Bailie,
Vernon Schuelein, David Sheeley, E.A. Snider, and Jan Tidrick. Councilman
Wilkins was absent due to being on vacation (Excused). Also present were:
George Smith, City Manager; Michael Cooper, City Attorney: Leo Olney, Director
of Finance; James Ajax, City Engineer; Al Tebaldi, Chief of Police; Webster Jackson,
EEO Officer; Richard Erickson, Director of Parks/Recreation; Michael Corcoran,
Planner; James Somborovich, Project Administrator and Sam Baxter, Asst. Director
of Buildings/Grounds.
CONSENT AGENDA:
Mr. Sheeley moved to approve Consent Agenda. Seconded by Mr. Snider. Motion
carried by roll call vote of six (6). Consent items are as follows:
a) Approval of Minutes: Minutes of regular meeting, held May 3, 1977.
b) Appointment - E.Pasco Neighborhood Facility: Appoint Ms. Rosalyn Taylor
To E. Pasco Neighborhood Facility Board of Directors succeeding Lee Phillips.
Term expires October 15, 1977.
c) Bills and Communications: General Claims in the amount of $175,359.26.
Claim warrant nos. 12083 through 12219.
d) Resolution No. 1089: A Resolution accepting the work done by Creative
Landscaping & Sprinkler Systems, entitled E. Pasco Neighborhood Facility
Irrigation System.
e) Resolution No. 1090: A Resolution accepting the work done by TICCO, Inc
entitled City View Cemetery Irrigation System.
PUBLIC HEARINGS:
MAYOR TIDRICK DECLARED THE PUBLIC HEARING OPEN ON BUTLER ANNEXATION REQUEST
(TRAILER PARK EAST OF CLOVERLEAF LANES):
It was reported that the Hearing had been duly published and posted. There were
no adverse communications. A letter was presented from City Planning Commission,
recommending proposed annexation.
Following three (3) calls from Mayor Tidrick for further comments from the floor,
either -for or against, the Public Hearing was declared closed. (Mr. Corcoran,
City Planner, commented that Mrs. Butler was planning to be in attendance; however,
she was not present at the time of the hearing).
MAYOR TIDRICK DECLARED THE PUBLIC HEARING OPEN ON LAWRENCE REZONE REQUEST- FREY'S
ADDITION, LOTS 9 THROUGH 12 INCLUSIVE. (More commonly known as 900 Block of N. Oregon).
It was reported that the Hearing had been duly published and posted. There were
no adverse communications. A letter was presented from City Planning Commission,
recommending proposed zone change.
Mr. Robert Lawrence, petitioner, favored zone change to C-3 General Business
because he was sandwiched in between commercial entities on both sides.
Following three (3) calls from Mayor Tidrick for further comments from the floor,
either for or against, the Public Hearing was declared closed.
MINUTES
PASCO CITY COUNCIL
REGULAR MEETING
VISITORS:
MAY 17, 1977
STAN McPARTLAND, part time employee in the Police Department on a Law and Justice
Grant, distributed computer printouts showing crime areas/offenses in the City of
Pasco. He and Chief Tebaldi felt this could be a.great help in determining areas
needing the most Police assistance as well as times of day most crimes are occurring.
Councilman Adams quipped, "looks like C.B. radios are taking precedent over tape
decks."
Mayor Tidrick thanked Mr, McPartland for his efforts and reiterated that they should
prove most helpful.
ORDINANCES:
ORDINANCE NO. 1863:
AN ORDINANCE PROVIDING FOR THE ANNEXATION OF A TRACT OF LAND TO
THE CITY OF PASCO. (.Butler)
Ordinance No. 1863 was read by title only. Mr, Sheeley moved that Ordinance No.
1863 be adopted. Seconded by Mr. Schuelein. Motion carried by roll call vote of
six (6).
ORDINANCE NO. 1864: GV
AN ORDINANCE CHANGING THE ZONE CLASSIFICATION OF CERTAIN REAL PROPERTY
WITHIN THE CITY OF PASCO FROM R-1 LOW DENSITY RESIDENTIAL TO C-3
GENERAL BUSINESS.
Ordinance No. 1864 was read by title only
1864 be adopted. Seconded by Mr. Bailie.
(6).
ORDINANCE NO. 1865:
Mr. Snider moved that Ordinance No.
Motion carried by roll call vote of -six
AN ORDINANCE RELATING TO LEGAL ACTIONS BROUGHT AGAINST CITY
OFFICIALS AND EMPLOYEES AND AMENDING TITLE 2 OF THE PASCO MUNICIPAL
CODE BY ADDING THERETO A NEW CHAPTER, CHAPTER 2.54, ENTITLED "LEGAL
ACTIONS BROUGHT AGAINST CITY OFFICIALS AND EMPLOYEES."
Ordinance No. 1865 was read by title only, Mr. Sheeley moved that Ordinance No.
1865 be adopted. Seconded by Mr. Schuelein. Motion carried by roll call vote of
six (6).
NEW BUSINESS:
CITY HALL IMPROVEMENTS: Mr. Sheeley moved that the City Manager and staff be
authorized to engage architectural services in connection with the proposed
remodeling of a portion of City Hall. Seconded by Mr. Snider. (Discussion)
Mr. Schuelein stated that it was important that the architect fully knows what
our needs are - possibly, the basement could be utilized more than it is now.
Staff replied this had been gone over before and they could foresee several
problems such as proper ventilation, re -doing entire sprinkler system, inadequate
access and exit requirements plus problem of air conditioning.
Mr. Ajax stated he did not.think the architectural services would go over $4,000
which would include design, specifications and estimate of cost.
Mr. Adams moved to amend main motion by setting limit of $5,000 for architectural
services. Seconded by Mr. Sheeley. Amendment motion carried.
Main motion, as amended, carried by roll call vote of six (6).
ASSIGNMENT OF RED LION MOTEL LEASE: Mr. Sheeley moved to accept assignment motion
as written, and further, 1 The City Council of the City of Pasco gives its written
consent to the assignment of said lease to the joint venture to be formed by Red
Lion Motel, Inc. and the Thunderbird Motel Chain, and 2) That it authorize the
proper officers or officials of the City of Pasco to execute, in writing, the
consent of the City of Pasco to the assignment of said lease, as amended. Seconded
MINUTES
PASCO CITY COUNCIL
REGULAR MEETING
RED LION LEASE ASSIGNMENT - Continued:
MAY 17, 1977
by Mr. Snider. Motion carried by roll call vote of six (6). (Mr. D. Wayne
Campbell, attorney for Loren Schademan, enlightened the council briefly on joint
venture and stated that remodeling plans would cost in the neighborhood of 2 1/2
million dollars and increase room number by"70).
SUPPLEMENTAL AGREEMENT TO ENGINEERING CONSTRUCTION AGREEMENT Y-1671: Mayor
Tidrick declared a brief recess to study Supplemental Agreement.
RECESS: 8:35 P.M. RECONVENED: 8:45 P.M.
The following memorandum was received from James Somborovich, Project Administrator.
MEMG.,A ,DUM
TO: lr.ter-Ci.ty Bridge Committee Ma, '_3, 1977
Pasco Citv Council
Kennewick City Council
FRO'r.^_: fin: Somborovich, Inter -City t7idge Project Administrator,'-'
SUBJ-_CT: ;�I;VID GRANT AND ASSOCIATES, INC.
AGREEMENT Y-1671 FOR CO�\iSTRUCTION ENGINEERING ::RVICES.
Agreement`,. -1671 for Construction Engi__-ering Services on the Inter -City Bridge
was originLi1_,7 enterer: into on January 2� 1975. The Agreement inv-)lues the
cities of P�-co and Kennewick, Arvid Gr�:at and Associates, Inc. ,. t:.e
Washingto:-.: =ate Department c_ Highwa,.: and the Federal Highway Admir.i_- ation.
At tl-.- prese:*:t time, the total approved c_.aount of the Agrement is $1, 634, 000,
with the Fc:d _.ral government paying 75.06 percent of the expenditures and the
cities eaci- paying 12.48 percent of the remaining balance.
Sind the b�_:;inning of the Agreement, seven (7) Suppleme:-:tal Agreements have
been signea with No. 4 and No. 5 involving increases of $250,000 e::ch. The
purpose of .Nese two increases was to :provide interim fine acing to z�!iow
additional -_. to for the cities to negotiate a much larger increase re,,,:ested by
Arvid uran= and Associates, Inc, on Occ:,ber 14, 1976. 't the present time, the
parties involved in t, : Y-1671 Agreemenc have reached a general ccncensus of
opin_�n which will become Supplement IN. D. 8. A,-reement Y-1671 is _a "cost plus
a fixred fee" contrapt*ihich spt;cifies v.•r4ous types of expenditures =.r:d how costs
incur. -ed by 1`:e Consultant will be reimi::..:sed. The negctiation proc-ess involve,
a detail e�:an.rdnation -;-."each t, pe of ex ._inditure by the I�;ter-City r.' -.ge
Corr :.ittee, State Highway Department, nd the ':�deraI Highway Arl. _nistration.
The results of the negotiation process a e presented in the attacher `�Exhirit B".
The costs, s detailec in "Exhibit B", represent an additional incroz-,se to the
Y-lE' Ag ,- :-.nent of $763,444. This E mount h.-_- been approved a.. reasonable
under the c.'cumstanc.es and -.--as the res,_lt of many months of con: r,.:a deliberations.
The most c3. -.tested i..:rcrs involved Fixed Fee and Travel and Per DI�:m, with the other
items genc..",_.ly accepted since they will be verified by an audit onc1: the I:.ter-City
Brid,g_- Pro; -:ct is completed.
The October '_4, 1976 increase request ,ubmittec, bAMC'.
y A:grant and. Associates, Inc.
requested a:= additio:.al $156,000 in Fix�:d Fee. As the result of contract
negociatio.- the amount of $24,444 is i,eing recommended for approval with future
incr-ases ;iependent on wheth:_: or not contract extensions of time are involved.
The $24,4._ is Fi;:ed Fee allowed for w,,,r'k not anticipated when the Y-1673 Agreement
was origira_iy signea .
MINUTES
PASCO CITY COUNCIL
REGULAR MEETING MAY 17, 1977
SUPPLEMENT AGREEMENT Continued:
Al s o requested -%%,as an increasie of``;to Lhe Tr,;�,ve1 and P --- r Diem itl6m.
V.
4 (i) of th Exhibit B the amount of $44,000 is
-led I item I.-- m
.,As det._ n Jt( . e 4tac d
- eveloped as a result
:eine, .—ed- ed for approval. ',.'his amount was d -1 involved in
11 of
--iction with a the paftir_-.� invo�.I
c,�i a meat deal of analysis in�6,onJl_
the Ar_ement. The decision.reached on this item %-_ is diffic,,:At, time-
consurning, and represents a eompromise reached after discussing the
matter numerous times.
It should be em'phasized that the only items the Cit: ._,S negotiated were the
Fixed ".."ee and the Travel and Per Diem items. The other amc;,_mts are costs
of construction engineer ::g not dir-ctlY :cOfl`rollabl(_ thecitiesand will 1_�
i,evie,.!Ied by a:, .edit at the time '�,,cntract completion.
EXHIPjr" B
Direct _E'-..Iary Cost
'--lost (130% of $136,000)
. (127% of $786,000)*
Fee
Sub -Total
P,i.rect ' ,..-1,-Salar,/ _',cst
a) Travel & Per Diem
Cc,--,-,..,ni cat!
c) p r i t -",:ig
d; Offic: Rental
1. F -ie.!.,-' Suoplies
C
CU.- on
cture s
h Cor-.�uter Ren`_,l
Ries --n' Eng, eer Tray.,_! -&- Per cpm
1) Purc.i?used tee. r. -ices' (D -i
TOTiV
*Cc.,npc.c:--:*te ratio
-, -;-- Li :0actual -_.-perierce.
I l3z, 000
500,0%0
76 444
January 23.. 197S
Q�-.oplement _ No. 4 L31-, . No. 5
Si "70.
1-2.3-75 `
$ 336,000-
436,000 36,060-
43b,UUU
-0-
115.000 0-115,000
$ 7,000
1
75,060
. I
5,000
2,000
1
10,000
.s,o6o
75,000
10,000
5,000
50,000
10,000
_n__
5-117-77
786,000
-0- .
998,000
139 . -114
$ 12923,444
75,000
-0-
2,060
22,1 ':;0
17,000
145,000
10
12,00
13' 10
10,000
44,E 'i
10 .000
$ %,402,444*:':
MINUTES
PASCO CITY COUNCIL
REGULAR MEETING
SUPPLEMENT AGREEMENT - ARVID GRANT - Continued:
MAY 17, 1977
Mayor Tidrick re iterated to the Council that this item is to be hand carried back
to Olympia Friday night, and as usual, it has to be done now as far as any action
is concerned. Further, the reason they wanted to get the agreement signed was be-
cause they were running out of time on Arvid Grant's agreement, and Arvid's
Agreement, if it is held up, then we run into problems getting Federal loan.
It is all tied up in one package.
Jim Somborovich reported that our last financial report indicated we had
$130,000 remaining as of April 22, 1977 and that should probably carry us through
the mid part of June. State requirement is that we have to have the supplement
signed and approved by everybody and filed with the OPP&FM people ten days prior
to the effective date in order to secure Federal participation. So, we would like
to get this in force by June 1, 1977.
Mayor Tidrick stated that if the agreement was not signed tonight, then we do not
have an agreement with Arvid Grant and the State will not be in a position to loan
us the money to carry on the financing; therefore, the project could go down or theySta
would take it over, one or the two. Either way, it would be a costly venture to the
cities. He felt 25% of 40,000 to Arvid Grant for per diem was a small item compared
to what could be charged.
Mr. Snider failed to see compromise situation because.negotiations are a give and
take and he could see no benefit to the City whatsoever, further, "I am tired of
being pushed up against the wall in this bridge-th-ing - every -time we turn around,
we are faced with something that we don't have a -choice - this is what you have to do,
here's the motion and you have to pass it; if not, you have a gun to your head and
it's usually on short notice." Mayor Tidrick responded by stating that most of our
rights to negotiate to say "yea" or "nay" on this contract were given away a long
time ago. This is a cost plus project and there are two small items here that we have
control of - this happens to be one of them, and the two items that we have any
control of are not very significant. He concurred that he did not appreciate the
two project engineers flying back and forth but that was nothing compared to total
cost of the project.
Mr. Snider then asked what would happen if we amended Exhibit B and deleted figure
of $44,000 for resident engineer travel & per diem? Mayor Tidrick responded that he
did not feel that would be acceptable to Arvid Grant, and if we do not have a re-
newed contract with Mr. Grant, then we are in no position to deal with the State.
Mr. Sheeley concurred that he did not like idea of two men costing the cities $44,000,
but was more concerned whether or not this would be the last time we would have to
negotiate with Mr. Grant. Staff was hesitant to answer that question. Several
Councilmen concurred that we would probably be in the same position every time he
runs out of money.
Mr. Snider again reiterated that he could not buy expense of two men flying back and
forth because where Mr. Grant's employees live is not a City problem - I think that's
a manager's problem as it deals with his personnel, and therefore, it is his problem
so whatever he wants to work out with his help should be on him - we have an agreement
with Arvid Grant, not his help. He should not shift this burden over to the cities
or the State.
Mr. Sheeley moved to authorize the Mayor to sign Supplement Agreement No. 8 to
Agreement Y-1671 entered into on January 23, 1975, between the cities of
Kennewick and Pasco, the State Highway Department and Arvid Grant and Associates.
Seconded by Mr. Adams.
Mr. Tidrick reported that they" -had informed the State that both cities had voted
bond issues of $820,000 each in 1971 to pay for bridge. The bridge grew and both
cities then used up both of their councilmanic bonding capacity, then borrowed 1.1
million from the State Highway Department which will be used up by June 30th, and
now,. requesting another 1.3 million which they think will finish the project.
Hopefully, the loans will be eased by 90/10 funds if they are approved, and if not,
it will be put on a ballot for the voters.
Motion carried by roll call vote of five (5). Councilman Bailie voting no and
Councilman Snider voting yes because he had no choice.
MINUTES
PASCO CITY COUNCIL
REGULAR MEETING
NEW BUSINESS - Continued:
MAY 17, 1977
AUTHORIZATION TO CALL FOR BIDS - RIDING MOWERS: Mr. Sheeley moved that staff be
authorized to call for bids on a riding rotary mower and a riding greens mower.
Seconded by Mr. Adams. Motion carried by roll call vote of six (6).
SUGGESTIONS FROM COUNCIL - GENERAL DISCUSSION:
WATER RATE APPLICATION: Councilman Sheeley called attention to our reduced water
rate application and questioned whether or not it was legal to ask for a copy of
an applicant's 1976 income tax statement as proof of earnings.
Mr. Snider favored a simpler form with signature attested to statement as to their
honesty. This will be discussed further at Workshop Meeting.
WORKSHOP OF MAY 31, 1977: Mr. Sheeley moved to suspend workshop meeting of May 31,
1977. Seconded by Mr. Snider. Motion carried.
L.I.D. QUARTER SECTION PROPOSED IMPROVEMENT: Mr. Ajax reported that protests now
amounted to 12.71% in opposition to proposed L.L.D.
CONSORTIUM - DISCRETIONARY FUNDS: Council agreed to re -open discussion on
Consortium. Mr. Sheeley led off by stating that he had been in complete accord to
meet with group again;.however, on very short notice, they called a meeting which he
was unable to attend .(or he would be late due to previous committment) as well as
alternate J.C. Bailie. The meeting was held without representation from Pasco and
division of funds agreed upon by those in attendance. Mr. Sheeley opposed this method
of negotiating and stated his views publicly. Following is division of funds, as
agreed upon by Consortium:
Benton County
$13,000
Benton City
13,000
Prosser
13,000
W. Richland
13,000
Mesa
25,000
Pasco
25,000
B.F.G. C.
5,000
107,000
Mr. Jackson, Block Grant Coordinator, stated that the projects would have to be
completed under H.U.D. Guidelines and if the money is split as set out now, he
did not think we would have problems completing project.
Mayor Tidrick reiterated that if the other communities think their projects are
suitable, we should share and not take the whole pie. He concurred he felt the
division was equitable.
Mr. Snider asked, "if we were to agree to split - do we have any assurance that
the Consortium will live up to their agreement?" A representative from Governmental
Conference answered, "the gamble is gone once the decision is made and application
submitted." With that, Councilmen Sheeley and Snider stated they had no faith in
the Consortium.
Councilmen Adams and Schuelein favored sharing on an equitable basis with Councilman
Schuelein stating, "we shouldn't pre -judge other communities pre -applications -
H.U.D. will do that."
Mr. Webster Jackson stated that the only requirement is we notify H.U.D. of our
intent and our application will stand on its own merits.
Mr. James Ajax emphasized that Pasco should be entitled to a fair amount of the money
based on population because for the past three years, Pasco has not applied for any
money - the first year they were not informed and the second, they elected not to.
Mr. Adams moved to rejoin the Consortium and agree to their division of discretionary
funds. Seconded by Mr. Schuelein.
Mr. Sheeley moved to table Consortium Agreement until June 7th regular meeting.
Seconded by Mr. Bailie. Motion FAILED by the following roll call vote: NO: Adams,
Schuelein, Snider, Tidrick. YES: Bailie & Sheeley.
RECESS: 9:55 P.M. RECONVENED; 10;20 P.M.
MINUTES
PASCO CITY COUNCIL
REGULAR MEETING
SUGGESTIONS FROM COUNCIL - Continued:
rnNc,nPTTI IM•
MAY 17, 1977
Mr. Webster Jackson placed long distance call to Ed Neal of H.U.D. in an attempt
to clarify our stand on application. He stated that time is winding down on
project, and the City of Pasco could go ahead and submit their application and
state that it is subject to revision.
Mayor Tidrick expressed concern that in the event Pasco agrees to go back into
the Consortium, would we have a problem if the Consortium decides not to buy our
agreement and then it would be too late to file a new application. Mr. Jackson
again reiterated'that we could go ahead and file our application subject to
revision.
Mr. Schuelein felt there was no need to negotiate - "either go along with
Consortium at $25,000 or forget it."
Main motion to rejoin FAILED by the following roll call vote: NO: Bailie,
Snider, Sheeley; YES:: Adams, Schuelein & Tidrick.
ADJOURNMENT:
Meeting adjourned at 10:45 P.M.
ATTEST
EVEL LLS, DEPUTY CITY CLERK
PASSED and APPROVED thisay of
N
t _
ATIDRIC ,MAYOR
, 1977.
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