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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:
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Craig Maloney, Mayor Pro Tem Krystle S anks, Deputy City Clerk
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