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HomeMy WebLinkAbout2022.10.17 Council Minutes Liry�.� , � � v��,,��,;r��E��, MINUTES City Council Regular Meeting 7:00 PM - Monday, October 17, 2022 City 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: Dave Zabell, City Manager; Adam Lincoln, Deputy City Manager; Darcy Buckley, Finance Director; Colleen Chapin, Human Resources Director; Eric Ferguson, City Attorney; Ed Dunbar, Deputy Fire Chief; Zach Ratkai,Administrative & Community Services Director; Jeff Harpster, Police Captain; Rick White, Community & Economic Development Director; Steve Worley, Public Works Director; and Debby Barham, City Clerk. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA Approval of Meeting Minutes for September 30th, October 3rd, 4th and 11th To approve the minutes of the Pasco City Council's Special Mini Retreat held on September 30, 2022, Regular Meeting held on October 3, 2022, Special Listening Session held on October 4, 2022, and Regular Workshop held on October 11, 2022. Bills and Communications � To approve claims in the total amount of $3,271,034.15 ($1,941,066.76 in Check Nos. 251258-251605; $296,169.55 in Electronic Transfer Nos. 837623, 837625, 837701-837702, 837802; $21,325.48 in Check Nos. 54142-54155; $1,012,472.36 in Electronic Transfer Nos. 30181227-30181803). Page 1 of 9 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 $211,049.32 and, of that amount, authorize $0.00 to be turned over for collection. r��t� r: t € ��,�ov��° ;Lti��, ` n�iis'��d Business far dicussion. Ordinance No. 4613 & Resolution No. 4263 - Budget Amendment & Approval of Behavioral Health Personal Services Agreement with Awareness Consulting 8� Training, LLC To adopt Ordinance No. 4613, amending the 2021-2022 Biennial Budget (Ordinance No. 4650) of the City of Pasco, Washington, by providing the supplement thereto; to provide additional appropriation in the City's Ambulance Fund for Mental/Behavioral Health Personal Services Agreement, and further, authorize publication by summary only. To approve Resolution No. 4263, authorizing the City Manager to execute and make minor substantive changes to a Personal Services Agreement Awareness Consulting & Training, LLC for a Behavioral Health Clinician. MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Campos to approve the Consent Agenda as read. RESULT: DEFEATED. 1-6 AYES: Councilmember Roach NAYS: Mayor Pro Tem Maloney, Councilmember Campos, Mayor Barajas, Councilmember Brown, Councilmember Milne, and Councilmember Serrano MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Campos to approve the Consent Agenda by removing Item 4.(c}, Resolution No.4262 - Appointment Process for City Boards & Commissions from the Consent Agenda and placing it under Section 10: Unfinished Business for further discussion. RESULT: Motion carried unanimously 7-0 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Brown, Councilmember Campos, Councilmember Milne, Councilmember Roach, and Councilmember Serrano PROCLAMATIONS AND ACKNOWLEDGEMENTS Page 2 of 9 Proclaiming Community Media Day-Accepting the Proclamation, Jon Funfar, Communications Program Manager Mayor Barajas read the proclamation for Community Media Day on October 20, 2022 and accepting the proclamation was Communications Program Manager Jon Funfar. VISITORS - OTHER THAN AGENDA ITEMS Robby Matus and Megan Matus, Pasco residents, expressed concern about the lock in barriers that will be placed in the rear of their property that will prohibit them from accessing their property from the back. Karin Milham, Pasco resident and Franklin County Clerk of the Board, expressed opposition to retail sales of cannabis in downtown Pasco; she suggested placing it in King City area. Jim Raymond, Pasco resident and Franklin County Sheriff, expressed opposition to retail sales of cannabis within Pasco city limits. Scott Musser, Pasco resident and Pasco business owner, expressed opposition to retail sales of cannabis within Pasco city limits. John Rosenau, Pasco resident and Franklin County Assessor, expressed opposition to retail sales of cannabis within Pasco city limits. Mr. Rosenau submitted a document, which included the signatures twelve retired police officers who also expressed opposition to the sales of cannabis in Pasco to the City Clerk for the record. Curtis McGary, Pasco resident and Franklin County Coroner, expressed opposition to retail sales of cannabis within Pasco city limits. Luke Mehlenbacher, Pasco resident, expressed opposition to retail sales of cannabis within Pasco city limits. Steve Simmons, Pasco resident, expressed opposition to retail sales of cannabis within Pasco city limits. Steve Christensen, Pasco resident and Pasco School District Board member, expressed opposition to retail sales of cannabis within Pasco city limits. J. Guadalupe Cardenas, Pasco resident, expressed opposition to retail sales of cannabis within Pasco city limits. Joe Cotta, Pasco resident, expressed opposition to retail sales of cannabis within Pasco city limits. Nikki Morgan, Pasco resident, expressed opposition to retail sales of cannabis within Pasco city limits. Page 3 of 9 Walter Griffitts, Pasco resident, expressed opposition to retail sales of cannabis within Pasco city limits and he also expressed concern about a speeding issue in his neighborhood. Amber Mehlenbacher, Pasco resident, expressed opposition to retail sales of cannabis within Pasco city limits. Carl Thomsen, Pasco resident, expressed opposition to retail sales of cannabis within Pasco city limits. L. Martinez, Pasco resident, expressed concern about a speeding issue in his neighborhood. He also expressed opposition to retail sales of cannabis within Pasco city limits. Fred Ninnino, Pasco resident, said "No" to retail sales of cannabis within Pasco city limits. Mr. Serrano noted that he received nearly 20 emails and of those emails, 17 expressed no to the retail sales cannabis and 2 for the sales of cannabis. REPORTS FROM COMMITTEES AND/OR OFFICERS Verbal Reports from Councilmembers Ms. Roach announced the new Visit Tri-Cities CEO, Kevin Lewis and he is from St. George, Utah. Mr. Campos commented on the Ben Franklin Transit Board meeting he attended recently. RECESS Mayor Barajas called a five-minute recess at 7:50 AM. HEARINGS AND COUNCIL ACTIQN ON ORDINANCES AND RESOLUTIONS RELATING THERETO Public Hearing and Ordinance No. 4614 -Ad Valorem Tax (Property Tax) Ms. Buckley provided a brief update related to the Ad Valorem Tax, which was based on the discussion held at the October 11th Council Workshop. Council and staff briefly discussed the three options before Council for consideration.. Mayor Barajas declared the Public Hearing open to consider the proposed 2023 Ad Valorem Tax. Page4of9 Juan Cardenas, Pasco resident, expressed support for Option A - (providing for an increase in the regular property taxes for the City for levy in 2022 and collection in the 2023 ta year; preserving the levy capacity for future years: and providing for related matter. [Zero-percent (0%) increase from the previous year, 2022.]) Following three calls for comments, and there being none, Mayor Barajas declared the Public Hearing closed. MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Serrano to adopt Ordinance No. 4614, providing for an increase in the regular property taxes of the City for levy in 2022 and collection in the 2023 tax year; preserving the levy capacity for future years: and providing for related matters. [Zero-Percent (0 %) increase from the previous year, 2022] RESULT: Motion carried unanimously 7-0 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Brown, Councilmember Campos, Councilmember Milne, Councilmember Roach, and Councilmember Serrano ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS Ordinance No. 4615 - Road 40 LLC Rezone I-1 to I-2 (Z 2022-009) Mr. White provided a brief report on the proposed rezone for Road 40 LLC. 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. MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Serrano to adopt Ordinance No. 4615, approving a rezone for a property on the west side of Road 40 East, south of "A" Street from I-1 (Light Industrial) to I-2 (Medium Industrial) and further, authorize publication by summary only. RESULT: DEFEATED. 2-5 AYES: Mayor Pro Tem Maloney and Councilmember Serrano NAYS: Mayor Barajas, Councilmember Brown, Councilmember Campos, Councilmember Milne, and Councilmember Roach MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Campos to hold a Closed Public Hearing on November 28, 2022, (during a Special Meeting.) Page 5 of 9 RESULT: Motion carried unanimously 7-0 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Brown, Councilmember Campos, Councilmember Milne, Councilmember Roach, and Councilmember Serrano Ordinance No. 4616 -Ramgar Commons Rezone -Office to C-1 & R-1 (Z 2022- 010) Mr. White provided a brief report regarding the proposed Ramgar Commons Rezone. Mayor Barajas announced that the 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. 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. MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Roach to adopt Ordinance No. 4616, approving a rezone for a property located at the northeast corner of Road 42 and West Court Street, from Office to C-1 and R-1, and further, authorize publication by summary only. RESULT: Motion carried unanimously 7-0 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Brown, Councilmember Campos, Councilmember Milne, Councilmember Roach, and Councilmember Serrano Ordinance No. 4617 - Magnolia Heights Rezone - OfFice � C-1 to R-3 (Z 2022- 011 $ 012) Mayor Barajas announced that the proposed Magnolia Heights 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. 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. Page 6 of 9 Mr. Ferguson announced finro additional written comments Council received earlier in the day and he handed the comments to the City Clerk to enter them into the record. Mr. White provided a brief report on the proposed rezone. Council and staff briefly discussed the proposed rezone. MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Roach to adopt Ordinance No. 4617, approving a rezone for a property lying south of Chapel Hill Boulevard and west of Road 100, from "O" (Office) and C-1 (Retail Business}to R-3(Medium-Density Residential)and further, authorize publication by summary only. RESULT: Motion carried 5-2 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Brown, Councilmember Campos, and Councilmember Roach NAYS: Councilmember Milne and Councilmember Serrano Resolution No.4264 - Setting Public Hearing for Right-of-Way Vacation at Court 8� Road 68 Mr. Worley introduced Engineer II Sevigny, who provided a brief report on the proposed right-of-way vacation located at the intersection of Court Street and Road 68. MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Milne to approve Resolution No. 4264, initiating vacation proceedings and setting 7:00 pm, Monday, November 21, 2022, as the time and date to conduct a public hearing to consider the vacation of a portion of Right-of-Way lying north of the centerline of W. Court St. and west of the centerline of Road 68. RESULT: Motion carried unanimously 7-0 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Brown, Councilmember Campos, Councilmember Milne, Councilmember Roach, and Councilmember Serrano Resolution No.4265 - Purchase and Sale Agreement for Improvements on Real Property (Blasdel/PWRF) Mr. Ratkai provided a brief report on the proposed purchase of personal property and leasehold interests located on City property. MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Campos MOTION: I move to approve Resolution No. 4265, authorizing the purchase of personal property and leasehold interests on property located at 515 Blasdel Road, Pasco, Washington. Page 7 of 9 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 Resolution No.4262 -Appointment Process for City Boards & Commissions Mr. Zabell stated that the updates in the City Boards & Commissions appointment process addressed the application review and interview process and that over the weekend Mr. Serrano had suggested that a review of the qualifications section of the process be reviewed as well. Mr. Serrano questioned the current language in the qualifications of a board/commission candidate under Section No. 2 in the proposed Resolution, which spurred Council discussion and the recommendation to add some clarifying language within the resolution related to qualifications. This resolution was scheduled to come back during the next available meeting for final action. MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Milne to move the Resolution No. 4262 - Appointment Process for City Boards and Commissions to next scheduled business meeting. 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 5 Minute recess at 8:50 PM EXECUTIVE SESSION Council adjourned into Executive Session at 8:55 PM for 15 minutes to discuss the performance of a public employee per RCW 42.30.110(1)(g); to discuss the qualifications of an applicant for public employment per RCW 42.30.110(1)(g); and to discuss with legal counsel about current or potential litigation per RCW 42.30.110(1)(i) with the City Manager, Deputy City Manager and the City Attorney. Mr. Serrano came out of the Executive Session at 8:59 PM, stating that he was recusing himself from the Executive Session during the discussion of the "current or potential litigation" portion of the Executive Session. Page 8 of 9 At 9:10 PM Mayor Barajas announced that the Executive Session would continue for another 5 minutes. Mayor Barajas called the meeting back to order at 9:16 PM. ADJOURNMENT There being no further business, the meeting was adjourned at 9:16 PM. -� PASSED and APPROVED this�day of � ��� � , 20�;Z� APPRO . �-, ATTEST: ; ' � .� �� �� Blanche arajas, Mayor Debra Barham, City Clerk Page 9 of 9