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MINUTES
City Council Regular Meeting
7:00 PM - Monday, July 17, 2023
Pasco City Hall, Council Chambers & GoToWebinar
CALL TO ORDER
The meeting was called to order at 7:00 PM by Blanche Barajas, Mayor.
ROLL CALL
Councilmembers present: Blanche Barajas, Craig Maloney, Irving Brown, Joseph
Campos, David Milne, Zahra Roach, and Pete Serrano
Councilmembers absent: None
Staff present: Adam Lincoln, City Manager; Richa Sigdel, Deputy City Manager;
Angela Pashon, Assistant City Manager; Darcy Buckley, Finance Director; Eric
Ferguson, City Attorney; Kevin Crowley, Fire Chief; Jesse Rice, Information
Technology Director & Interim Administrative & Community Services Director; Ken
Roske, Police Chief; Jacob Gonzalez, Community & Economic Development
Director; Steve Worley, Public Works Director; and Debby Barham, City Clerk
The meeting was opened with the Pledge of Allegiance.
EXECUTIVE SESSION
Council adjourned into Executive Session at 7:02 PM for 30 minutes to discuss with
legal counsel about current or potential litigation per RCW 42.30.110(1)(i} with the
City Manager, City Attorney, Deputy City Manager, Community & Economic
Development Director, City Engineer, and Ken Harper, legal counsel (remote
attendance).
Mayor Barajas called the meeting back to order at 7:33 PM.
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NEW BUSINESS
Arts & Culture Commission Appointment
Mayor Pro Tem Maloney recused himself from voting on this appointment and left
at 7:33 PM.
MOTION: Councilmember Campos moved, seconded by Councilmember Milne
to confirm Mayor Barajas's appoint of Aislin Maloney to the Arts & Culture
Commission as its Youth Representative, Position No. 7, with a term from July
17, 2023 to January 1, 2024.
RESULT: Motion carried unanimously 6-0
AYES: Mayor Barajas, Councilmember Brown, Councilmember
Campos, Councilmember Milne, Councilmember Roach,
and Councilmember Serrano
ABSTAIN: Mayor Pro Tem Maloney
Mayor Pro Tem Maloney returned to the meeting at 7:34 PM.
CONSENT AGENDA
Approval of Meeting Minutes for June 20th, 26th, and July 10th
To approve the minutes of the Pasco City Council Regular Meeting held on June
20th and Regular Workshops held on June 26th and July 10, 2023.
Bills and Communications - Approving Claims in the Total Amount of
$14,174,080.38 and Bad Debt Write-off Totaling $ 99,385.25
To approve claims in the total amount of$14,174,080.38 ($9,264,836.67 in Check
Nos. 256753 - 257388); ($45,473.35 in Check Nos. 54400 - 54463);
($2,483,413.54 in Electronic Transfer Nos.841118 - 841179, 841188 - 841268,
841270 -841479, 841529 - 841539, 841546 - 841548, 841550 - 841553, 841555 -
841619, 841621 - 841622, 841689 - 841692, 841727 - 841730, 841747 - 841762,
841766, 841773 - 841785); ($2,380,207.69 In Electronic Transfer Nos. 30192007
- 30193317); and ($149.13 in Electronic Transfer No 922).
To approve bad debt write-off for accounts receivable including Utility Billing,
Ambulance, Cemetery, General Accounts, and Miscellaneous Accounts in the total
amount of$99,385.25 and, of that amount, authorize $99,385.25 to be turned over
for collection.
Resolution No. 4358 - Purchase of Citywide Genetec Enterprise Access
Control System
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To approve Resolution No. 4358, waiving the competitive bidding requirements and
approving the purchase of Genetec Door Access and Video Security Monitoring
System from Interwest Technology Systems Inc..
Resolution No. 4359 — Project Acceptance for Broadmoor Tax Increment
Funding (TIF,) Phase 1A (Rough Grading) Project
To approve Resolution No. 4359, accepting work performed by Goodman &
Mehlenbacher Enterprises (GAME), Inc., under contract for the Broadmoor TIF,
Phase 1A (Rough Grading) Project.
MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember
Serrano to approve the Consent Agenda as read.
RESULT: Motion carried unanimously 7-0
AYES: Mayor Barajas, Mayor Pro Tem Maloney,
Councilmember Brown, Councilmember Campos,
Councilmember Milne, Councilmember Roach, and
Councilmember Serrano
PUBLIC COMMENTS
Peter Harpster, Pasco resident, commented on the 4th of July Parade and work with
staff related to development in the Broadmoor area.
REPORTS FROM COMMITTEES AND/OR OFFICERS
Verbal Reports from Councilmembers
Mr. Campos reported on the Ben Franklin Transit Board meeting he recently
attended.
Milne reported on the Parks & Recreation Advisory Board and COPA (State of
Colima, Mexico and Pasco, WA friendship group) meetings that he recently
attended. He noted the upcoming community delegation who will be traveling to the
State of Colima, Mexico.
Mayor Pro Tem Maloney commented on the recent Hearing Examiner meeting held
last week.
Mayor Barajas also commented on the recent COPA meeting and upcoming travel
to the State of Colima, Mexico. She announced that the Pasco Fire Department
celebrated its 115 anniversary over the past weekend.
Fire Chief Crowley elaborated on the weekend event.
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Mayor Barajas also commented on recent legislation related to public safety and
Police Services and asked to meet with City Manager Lincoln and Police Chief
Roske.
General Fund Monthly Report - May 2023
Ms. Buckley provided a brief overview of the May 2023 General Fund Report.
HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS
RELATING THERETO
Q - Empire Estates Latecomer: Contested Area/Assessment
Mayor Barajas announced that the Empire Estates Latercomer area/assessment
was contested.
Mr. Ferguson read the quasi judicial procedure including how the Appearance of
Fairness Doctrine applies to it. Next, he asked all Councilmembers a series of
questions associated with potential conflicts of interest to disclose such potential
conflicts or appearance of conflicts. With no response from the Councilmembers,
he asked if any members of the public were seeking to disqualify a member of
Council from participating in the proceedings. No one came forward.
Mr. Ferguson briefly discussed the Latecomer Agreement process and the
preliminary assessment reimbursement area. He stated that the only action before
Council was determine the allocation of cost for the property owners within the
benefit area for the improvements of utilities including water, sewer, and streets
(roadway, curb/gutter, sidewalks, and the extents of the benefit area).
Mr. Padvorac provided a brief overview of the contested area/assessment for the
proposed Latecomer Agreement, per the Pasco Municipal Code (PMC), including
the following four methods:
1. Front footage method (standard method the City of Pasco uses)
2. Number of Units method
3. Square footage method
4. Zone and termini method
Council asked about the front footage method and staff confirmed that it was the
standard method used by the City.
Steve Bauman, B4 Consultants and Representative for Broetje's who own property
included in the Latecomer Agreement assessment area, requested that this item
be continued to a future meeting. He expressed concern about the calculation
method used and was concerned about the developer's 50% fee for only three-
fourths of a street. He asked that this action be held until the City provides him with
all of the information he has requested.
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Hilario Zaragoza, co-owner of Empire Brothers Construction, LLC of Pasco and
developer for Empire Estates, commented on his project and expressed support for
the area and assessment method for proposed Latecomer Agreement.
Mr. Padvorac provided clarification on the three-fourths of the street item brought
up by Mr. Bauman, stating that this refinement would occur during vetting the final
costs.
John Scheline, B4 Consultants staff, also requested this action be moved to a future
date. He expressed concern about needing additional information related to this
item.
Council and staff continued to discuss the updated percentage calculation for the
preliminary assessment reimbursement area.
MOTION: Councilmember Serrano moved, seconded by Councilmember Roach
to continue the contested area/assessment for the Latecomer Agreement to a
future meeting.
RESULT: DEFEATED. 2-5
AYES: Councilmember Milne and Councilmember Serrano
NAYS: Mayor Barajas, Mayor Pro Tem Maloney,
Councilmember Brown, Councilmember Campos, and
Councilmember Roach
Council and staff discussion continued briefly and a majority of Council indicated
that they were ready to vote on this item based on Exhibit A, Empire Estates
Latecomer's Agreement's Benefit Area, specifically the "Allocation of Cost j%J =
((lndividual Parcel Frontage �FT])/(Total Parce!Frontage�FTJ)]"column.
MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember
Campos to approve the corrected reimbursement area and proportionate share
calculation recommended by City Staff.
RESULT: Motion carried 6-1
AYES: Mayor Barajas, Mayor Pro Tem Maloney,
Councilmember Brown, Councilmember Campos,
Councilmember Milne, and Councilmember Roach
NAYS: Councilmember Serrano
ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS
Resolution Nos. 4361 & 4362 - Approval of Temporary and Term Aquatic
Lands' Agreements with the Department of Natural Resources for the Waste
Water Treatment Plant Dutfall Pipe within the Columbia River
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Mr. Worley introduced Deputy Public Works Director Serra who provided a brief
report on the proposed temporary and term aquatic lands' agreements for the
Waste Water Treatment Plant Outfall Pipe.
Mayor Pro Tem Maloney asked about the role U.S. Army Corps of Engineers
(Corps) in this matter.
Ms. Serra stated that the Corps did not participate in this action.
MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Roach
to approve Resolution No. 4361, authorizing the City Manager to execute the
temporary Aquatic Lands Right of Entry No. 23-104550 and Aquatic Lands
Easement No. 51-104551 easement and temporary right of entry agreements
with the State of Washington Department of Natural Resources to facilitate the
construction of the new wastewater treatment plant outfall pipe within the
Columbia River.
RESULT: Motion carried unanimously 7-0
AYES: Mayor Barajas, Mayor Pro Tem Maloney,
Councilmember Brown, Councilmember Campos,
Councilmember Milne, Councilmember Roach, and
Councilmember Serrano
MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember
Serrano to approve Resolution No. 4362, authorizing the City Manager to
execute Aquatic Lands OutFall Easement No. 51-103464 for the 30-year term
easement with the State of Washington Department of Natural Resources for the
new wastewater treatment plant outfall pipe within the Columbia River.
RESULT: Motion carried unanimously 7-0
AYES: Mayor Barajas, Mayor Pro Tem Maloney,
Councilmember Brown, Councilmember Campos,
Councilmember Milne, Councilmember Roach, and
Councilmember Serrano
RECESS
Mayor Barajas called a five-minute recess at 9:18 AM.
ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS CONTINUED
Resolution No. 4363 Bid Award for the I-182 and Broadmoor Boulevard
Interchange
Mr. Worley provided a brief overview of the proposed interchange project.
Council and staff briefly discussion the proposed project. The discussion included
the request to ensure the reduction of change orders and that this was the first of
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many projects associated with that area. It was confirmed that this project will likely
take a year to 18 months to complete. Council expressed support for this
interchange project, spherically related to the increased safety for multi-modal
transportation.
MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Roach
to approve Resolution No. 4363, awarding Bid No. 21292 for the I-182 and
Broadmoor Boulevard Interchange Project to Nelson Construction Group, of
Walla Walla, Washington; and further authorize the City Manager to execute the
contract documents.
RESULT: Motion carried unanimously 7-0
AYES: Mayor Barajas, Mayor Pro Tem Maloney,
Councilmember Brown, Councilmember Campos,
Councilmember Milne, Councilmember Roach, and
Councilmember Serrano
UNFINISHED BUSINESS
Continued Right-of-Way Vacation for Snake River Agriculture LLC (VAC 2022-
006)
Mr. Gonzalez introduced Mr. Padvorac who provided a brief overview of the
detailed agenda report related to the request for the right-of-way (ROW) vacation
and confirmed staff s recommendation to deny the ROW vacation.
Council and staff discussed the intersection and the need to retain the ROW for
future roadway improvements to address increased traffic in that area.
Steve West, Snake River Ag and owner of the property adjacent to the ROW,
expressed concern about the amount of time this action has taken. He requested
that Council approve the ROW Vacation for the property previously owned by the
Washington State Department of Transportation (WSDOT).
Council and staff further discussed the intersection and the need to retain the ROW
for future roadway improvements to address increased traffic in that area with one
Councilmember recommending that staff work with the property owner related to
the ROW property that will benefit both the City and his development of the
property.
Councilmember Serrano indicated that he was not in support of a license
agreement.
Mayor Pro Tem Maloney stated that he was interested in options on how to support
development and be a good neighbor to people who want to develop property in
Pasco. If a vacation is not the proper tool, then could it be a license agreement. He
stated that he understood that the burden of the logistics would need to be on the
applicant not staff if a license agreement was pursued.
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Mr. Padvorac indicated that the mechanism would be a license agreement.
MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember
Campos to deny a request to vacate a portion of South Oregon Avenue located
at the southeast corner of East "A" Street and South Oregon Avenue.
RESULT: Motion carried 6-1
AYES: Mayor Barajas, Mayor Pro Tem Maloney,
Councilmember Brown, Councilmember Campos,
Councilmember Milne, and Councilmember Roach
NAYS: Councilmember Serrano
MISCELLANEOUS DISCUSSION
Mr. Worley announced that the City received $4.4 million in federal HUD funding for the
Process Water Reuse Facility(PWRF) Phase 3 project. He thanked U.S. Congressman
Newhouse for that funding. He also announced that the Water Treatment Plant staff
received an award from the Washington State Department of Health 22 years of
excellent water quality.
Mr. Campos expressed thanks to Police Chief Roske for the Pasco Police Department
and staff does in protecting the City.
ADJOURNMENT
There being no further business, the meeting was adjourned at 10:16 PM.
PASSED and APPROVED this ���day of u , 20�
APPROVED: ATTEST:
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Blanche Barajas, ayor Debra Barham, City Clerk
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