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HomeMy WebLinkAbout2022.09.19 Council Minutes Lity U� ��� � � ��v,���,�����,,, MINUTES City Council Regular Meeting 7:00 PM - Monday, September 19, 2022 City Council Chambers & GoToWebinar CALL TO ORDER The meeting was called to order at 7:00 PM by Craig Maloney, Mayor Pro Tem. ROLL CALL Councilmembers present: Craig Maloney, Irving Brown, Joseph Campos, David Milne, Zahra Roach, and Pete Serrano Councilmembers absent: Blanche Barajas Staff present: Dave Zabell, City Manager; Adam Lincoln, Deputy City Manager; Darcy Buckley, Finance Director; Colleen Chapin, Human Resources Director; Eric Ferguson, City Attorney; Bob Gear, Fire Chief; Zach Ratkai, Administrative & Community Services Director; Ken Roske, Police Chief; Rick White, Community & Economic Development Director; Steve Worley, Public Works Director; and Krystle Shanks, Deputy City Clerk. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA Approval of Meeting Minutes for September 6th and September 12th To approve the minutes of the Pasco City Council Regular Meeting and Regular Workshop held on September 6, 2022, and September 12, 2022, respectively. Bills and Communications Approving Claims in the Total of$4,565,437.65 and Approving Bad Debt Write-Off in the Total of$239,234.02 To approve claims in the total amount of $4,565,437.65 ($2,918,765.77 in Check Nos. 250684-250927; $637,043.23 in Electronic Transfer Nos. 837244-837245, 837249-837252; $22,333.37 in Check Nos. 54097-54124; $986,160.76 in Electronic Transfer Nos. 30180052-30180660; $1,134.52 in Electronic Transfer Nos. 173-175). Page 1 of 11 To approve bad debt write-off for Utility Billing, Ambulance, Cemetery, General Accounts, Miscellaneous Accounts, and Municipal Court (non-criminal, criminal, and parking) accounts receivable in the total amount of $239,234.02 and, of that amount, authorize $0.00 to be turned over for collection. Resolution No. 4245 - 2023 Community Development Block Grant (CDBG) Annual Work Plan and Allocations To approve Resolution No. 4245, approving the Program Year 2023 Community Development Block Grant Allocations and Annual Work Plan. Resolution No. 4246 -2023 HOME Annual Work Plan and Allocations To approve Resolution No. 4246, approving the Federal 2023 HOME Annual Work Plan and Allocation. Ordinance No. 4607& Resolution No. 4247 - Budget Amendment& Bid Award for Citywide Traffic Signal Phase 2 Project To adopt Ordinance No. 4607, amending the 2021-2022 Biennial Budget (Ordinance No. 456�) by providing supplement thereto; to provide additional appropriation in the City's General CIP Fund for the Traffic Signal Improvements - Citywide Phase 2 Project. To approve Resolution No. 4247, awarding Bid No. 17014 for the Traffic Signal Improvements - Citywide Phase 2 Project to Apollo, Inc. of Pasco, Washington and further authorizing the City Manager to execute the contract documents and allowing all necessary budget adjustments. Resolution No. 4248 - Funding Application to Ecology for Wastewater Treatment Plant Improvements (Phase 2) To approve Resolution No. 4248, authorizing the submittal of a Washington State Department of Ecology Clean Water State Revolving Fund Loan Application for the Wastewater Treatment Plant (WWTP} Phase 2 Project. Resolution No. 4249 - Process Water Reuse Facility Interim Agreement with Darigold To approve Resolution No. 4249, authorizing the City Manager to execute an Interim Agreement with Darigold, Inc. for the Process Water Reuse Facility (PWRF) Phase 3 Project. Page 2 of 11 Resolution No. 4250 -Zone 3 Water Storage Reservoir Project -Change Order No. 3 To approve Resolution No. 4250, authorizing the City Manager to execute Change Order No. 3 to the Design Build Institute of America Phase 1 Agreement with T- Bailey, Inc. for the Progressive Design-Build Services for the Zone 3 Water Storage Reservoir project. MOTION: Councilmember Campos moved, seconded by Councilmember Serrano to approve the Consent Agenda as read. RESULT: Motion carried unanimously 6-0 AYES: Mayor Pro Tem Maloney, Councilmember Brown, Councilmember Campos, Councilmember Milne, Councilmember Roach, and Councilmember Serrano ABSENT: Mayor Barajas PROCLAMATIONS AND ACKNOWLEDGEMENTS VISITORS Susanne Ayala, business owner of Ciao Trattoria, discussed her outdoor event held the past weekend. Steve Wilson, Pasco resident, discussed various projects and efforts, including the Butterfield Plant and the Downtown Pasco Master Plan. Pam Bieren, Pasco resident, introduced her grandson, Kason Creed, who would speak on a topic he was passionate about and submitted photos to the Deputy City Clerk for the record. Kason Creed, Pasco resident, discussed the need for more handicap accessible playground equipment in the City parks to make the parks accessible for all children. Felix Vargas, Pasco resident, discussed the Downtown Master Plan and the disrepair of the buildings in downtown Pasco. He requested an engineering update the buildings in the downtown area. Jerry Martinez, Downtown Pasco Development Authority Executive Director, expressed thanks to Council and City staff who helped in the Fiery Foods Festival and submitted a thank you card to the Deputy City Clerk for the record. Thomas Granbois, Pasco resident, commented on building safety issues in the downtown and plans to get those buildings up to code. Page 3 of 11 REPORTS FROM COMMITTEES AND/OR QFFICERS Mr. Milne commented on a reception he attended at the Bergstrom Pasco Aviation Museum for NASA Astronaut Kayla Barron. Mayor Pro Tem Maloney stated that he and Economic Development Manager Gonzalez visited Spokane Councilmember Karen Stratton to discuss the City of Spokane's experience with retail cannabis. Mr. Serrano asked if staff had reached out to Benton County or West Richland regarding their experiences with retail cannabis. Mr. Zabell stated that there have been no formal conversations; however, they are aware that Pasco is holding listening sessions. Mr. Serrano stated hearing their experiences or seeing their data might be helpful. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS Public Hearing: Northwest Area Sewer LID No. 151 Final Assessment Roll Mr. Worley provided an overview of the public hearing for the Northwest Area Sewer Local Improvement District (LID) No. 151 Final Assessment Roll and introduced Attorney Steve Dejulio, who represents the City in the LID process as special counsel. Mr. Dejulio stated the purpose of the hearing was to hear any protests to the final assessments for LID No. 151. Council would then make the final determination of the assessment roll and would confirm its decision later by ordinance. The issues before the Council were: 1. Whether the Northwest Area Sewer Project will generate special benefit to the properties within the LID; and if so, 2. Whether the amount of special benefits to each property exceeds the amount of the assessment; and, 3. Whether the assessments are proportionate. Mr. Dejulio walked through the entire public hearing process and procedures. City Attorney Ferguson administered the Oath of Truth to Public Works Director Worley, Mr. Withers of RH2 Engineering and Capital Improvements Project Manager Serra. Ms. Serra and Mr. Withers provided a presentation on the Northwest Area Sewer LID No. 151, including the process, chronology, assessment and special benefits, project costs, schedule and future subdivision and segregation of parcels. Page 4 of 11 Mr. Dejulio asked Ms. Serra and Mr. Withers about the additional expense for oversizing an extension and if it has been assessed against the property owners in the LID. Ms. Serra responded with a no, it has been deducted against the overall project costs. Mr. Dejulio asked if the properties could be subdivided and developed without sewer. Ms. Serra responded that the properties could not be developed without sewer in accordance with the Comprehensive Plan. Mr. Dejulio asked if any Council members need to make any disclosures for the appearance of fairness, such as contact with any of the property owners. There were no disclosures from Council. Mr. Dejulio then asked the audience if anyone wished to challenge any of the Councilmembers. No one came forward. Therefore, there were no apparent violations to the appearance of fairness doctrine and no challenges. Mr. Dejulio asked the Deputy City Clerk if there had been any protests received. Deputy City Clerk Shanks stated that no protests had been received. Mayor Pro Tem Maloney asked the audience if there was anyone who wished to submit a written protest. No written protests were received. Mr. Dejulio noted that notices of this hearing were sent by mail to each property owner of record, as well as published twice, prior to the hearing, as required by statute. MOTION: Councilmember Campos moved, seconded by Councilmember Brown to close the Northwest Area Sewer LID No. 151 Final Assessment Roll public hearing. RESULT: Motion carried unanimously 6-0 AYES: Councilmember Brown, Councilmember Campos, Mayor Pro Tem Maloney, Councilmember Milne, Councilmember Roach, and Councilmember Serrano ABSENT: Mayor Barajas Resolution No. 4251 -2022 Comprehensive Plan Amendment Docket Mr. White provided a brief overview of the 2022 Comprehensive Plan Amendment Docket, which sets the docket for the Comprehensive Plan analysis applications that have been received this amendment cycle. Page5of11 Council and staff discussion ensued about comments received by Council and staff from members of the public; however, after clarification from Mr. Ferguson, Council is able to move forward with this item. MOTION: Councilmember Campos moved, seconded by Councilmember Serrano to approve Resolution No. 4251, establishing a list of docket items for further evaluation for the 2022 Comprehensive Plan Amendments Docket. RESULT: Motion carried unanimously 6-0 AYES: Councilmember Campos, Councilmember Serrano, Mayor Pro Tem Maloney, Councilmember Brown, Councilmember Milne, and Councilmember Roach ABSENT: Mayor Barajas Q Ordinance No. 4608 - Peake Contractors Rezone RS-12 to R-1 (Z 2022-006) Mr. White provided a brief overview of the Peake Contractors Rezone to rezone property from Residential Suburban (RS-12) to Low Density Residential (R-1). Mayor Pro Tem Maloney announced that the proposed rezone was a quasi judicial action and asked Mr. Ferguson to explain the procedure for quasi judicial items. 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. Mr. Ferguson discussed various correspondence received by staff and Council that he submitted to the Deputy City Clerk for the record. Mr. Campos and Ms. Roach both discussed correspondence they had received in which they forwarded to the Deputy City Clerk for the record. Next, Mr. Ferguson asked if any members of the public were seeking to disqualify a member of Council from participating in the proceedings. No one came forward. All Councilmembers felt they could make a fair determination on this item. Mr. Maloney asked if any appeals had been received. Mr. White responded that no appeals had been received. Page 6 of 11 MOTION: Councilmember Campos moved, seconded by Councilmember Roach to adopt Ordinance No. 4608, approving a rezone at 2025 Road 40 from RS-12 to R-1, and, further, authorize publication by summary only. RESULT: Motion carried unanimously 6-0 AYES: Councilmember Campos, Councilmember Roach, Mayor Pro Tem Maloney, Councilmember Brown, Councilmember Milne, and Councilmember Serrano ABSENT: Mayor Barajas Q Ordinance No. 4609 - Eickmeyer/Mullen Road 68 & Burns Rezone RT to R- 4 (Z 2022-007) Mr. White provided a brief overview of the Eickmeyer/Mullen Road 68 and Burns Road rezone from Residential Transition (RT) to High Density Residential (R-4). Mayor Pro Tem Maloney announced that the proposed rezone was a quasi judicial action and asked Mr. Ferguson to explain the procedure for quasi judicial items. 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. Mr. Campos disclosed that he had made a disclosure on another Eickmeyer item; however, he had not spoken to him relating to this item on the agenda and believed he could make an unbiased decision. Next, Mr. Ferguson asked if any members of the public were seeking to disqualify a member of Council from participating in the proceedings. No one came forward. There was discussion with Council and staff regarding Courtyard apartments. MOTION: Councilmember Campos moved, seconded by Councilmember Brown to adopt Ordinance No. 4609, approving a rezone at Road 68 and Burns Road from RT to R-4 with restrictions as contained in the concomitant agreement, and further, authorize publication by summary only. RESULT: Motion carried unanimously 6-0 AYES: Councilmember Campos, Councilmember Brown, Mayor Pro Tem Maloney, Councilmember Milne, Councilmember Roach, and Councilmember Serrano ABSENT: Mayor Barajas Page 7 of 11 Resolution No. 4252 -Attorney General's Distributor's Settlement Agreement - Opioid Litigation Settlement Mr. Ferguson provided an overview on the Attorney Generals Distributor's Settlement Agreement relating to the Opioid Litigation Settlement. Council and staff discussion ensued on the utilization of the settlement funds. MOTION: Councilmember Campos moved, seconded by Councilmember Milne to approve Resolution No. 4252, approving the Attorney General's Distributors Washington Settlement Agreement; and further, authorize the City Manager to execute the participation form and allocation agreement. RESULT: Motion carried unanimously 6-0 AYES: Councilmember Campos, Councilmember Milne, Mayor Pro Tem Maloney, Councilmember Brown, Councilmember Roach, and Councilmember Serrano ABSENT: Mayor Barajas Resolution No. 4253 - Community Economic Revitalization Board (CERB) Grant Opportunity Mr. White provided a brief overview of the Community Economic Revitalization Board (CERB) Grant Opportunity. There was some discussion between Council and staff about the use of funds and possible burdens that may come with use of the funds. MOTION: Councilmember Brown moved, seconded by Councilmember Campos to approve Resolution No. 4253, authorizing the submission of an application for a Community Economic Revitalization Board Grant in the approximate amount of$50,000 for City of Pasco Economic Development Strategic. RESULT: Motion carried unanimously fi-0 AYES: Councilmember Brown, Councilmember Campos, Mayor Pro Tem Maloney, Councilmember Milne, Councilmember Roach, and Councilmember Serrano ABSENT: Mayor Barajas Resolution No. 4254 - Supplemental Employment Agreement to the City Manager's Contract Mr. Ferguson discussed the Supplemental Employment Agreement to the City Manager's Contract to enable utilizing Mr. Zabell until a new City Manager is hired and would be a supplement to the current City Manager contract. There was brief Council and staff discussion showing unanimous support. Page 8 of 11 MOTION: Councilmember Campos moved, seconded by Councilmember Roach to approve Resolution No. 4254, approving a Supplemental Employment Agreement to the City Manager's current Professional Services Agreement. RESULT: Motion carried unanimously 6-0 AYES: Councilmember Campos, Councilmember Roach, Mayor Pro Tem Maloney, Councilmember Brown, Councilmember Milne, and Councilmember Serrano ABSENT: Mayor Barajas Resolution No. 4255 - Kerr Ferguson Law, PLLC Amended Agreement for Legal Services Mr. Zabell discussed the proposed Amended Agreement for Legal Services with Kerr Ferguson Law, PLLC, noting that with the increased demand for legal services, it was an appropriate time to update the agreement. Council, Mr. Zabell and Mr. Ferguson discussed the details of the agreement and reasons it needed to be amended. RECESS Mayor Pro Tem Maloney called a five-minute recess at 9:17 PM. The meeting resumed at 9:24 PM. Resolution No. 4255 - Kerr Ferguson Law, PLLC Amended Agreement for Legal Services Continued Council, Mr. Zabell and Mr. Ferguson then wrapped up their discussion regarding the amended Legal Services Agreement. MOTION: Councilmember Campos moved, seconded by Councilmember Milne to approve Resolution No. 4255, approving the amended agreement for legal services between the City of Pasco, Washington, and Kerr Ferguson Law, PLLC. RESULT: Motion carried unanimously 6-0 AYES: Councilmember Campos, Councilmember Milne, Mayor Pro Tem Maloney, Councilmember Brown, Councilmember Roach, and Councilmember Serrano ABSENT: Mayor Barajas NEW BUSINESS Pasco Public Facilities District Board Reappointments Mr. Zabell provided a brief overview of the Mayor's reappointments to the Pasco Public Facilities District Board. Page 9 of 11 Council expressed appreciation for the efforts of long standing board members and discussed a need for increased recruitment efforts for all boards and commissions. MOTION: Councilmember Campos moved, seconded by Councilmember Serrano to confirm the Mayor's reappointment of Marie Gillespie to Position No. 4 and Leonard Dietrich to Position No. 5 on the Pasco Public Facilities District Board with the terms expiring on July 14,.2026 for both positions. RESULT: Motion carried unanimously 6-0 AYES: Councilmember Campos, Councilmember Serrano, Mayor Pro Tem Maloney, Councilmember Brown, Councilmember Milne, and Councilmember Roach ABSENT: Mayor Barajas MISCELLANEOUS DISCUSSION Mr. Zabell reported that he and Mr. Ratkai have had discussions with Ms. Bieren, and her grandson Kason Creed, about installing more handicap accessible playground equipment in City parks and stated that staff was working towards addressing the issue. Next, Mr. Zabell announced new routes being implemented by Basin Disposal Inc. (BDI). Lastly, he reminded Council about the upcoming COPA Sunset event scheduled with the delegates from Colima, Mexico. Ms. Buckley discussed a recent exit interview with Washington State Auditor's in which there were few findings, mostly related to COVID-19 grants. Mr. Zabell added after Council questions, that the findings were more documentation related findings rather than control related findings. There was Council discussion regarding an update on the COPA delegates after the recent earthquake that hit the State of Colima, Mexico. Mr. Zabell responded that he would share more with Council once he received more information. Mr. Brown had follow-up questions related to Resolution No. 4252, Attorney General's Distributor's Settlement Agreement - Opioid Litigation Settlement, which passed earlier in the meeting. Mr. Zabell answered his questions. Mr. Campos discussed the Council's upcoming Mini Retreat and about the status of the agenda. Mr. Zabell stated he had not seen the agenda yet, but thought it would remain open for discussions. Mayor Pro Tem Maloney asked about the status of the recent fire in a building located in downtown Pasco. Mr. Zabell replied that it was still under investigation. Mayor Pro Tem Maloney asked staff to look into ways of protecting the downtown from future fires. Page 10 of 11 Mayor Pro Tem Maloney asked about the status of hiring a contractor to look at the structure of the Downtown Pasco Development Authority (DPDA). Mr. White replied that the contract would be signed by the end of the week. Mr. Maloney requested to be kept updated. Ms. Roach voiced appreciation for the mailing that went out to the public on the Broadmoor Area Inter-change. Mr. Worley stated it was sent to those individuals who signed up for public notifications. ADJOURNMENT There being no further business, the meeting was adjourned at 9:47 PM. PASSED and APPROVED this day of �-�C�u�.�-- , 2022. APPROVED: AITEST: � - � Craig Maloney, Mayor Pro Tem Krystle S anks, Deputy City Clerk Page 11 of 11