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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. 1 1 1