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HomeMy WebLinkAbout2022.12.05 Council Minutes C..1Ly�� � c�.� � VV,74h i n�nc�re M I N UTES City Council Regular Meeting 7:00 PM - Monday, December 5, 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: Adam Lincoln, Interim City Manager; Angela Pashon, Interim Assistant 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 Debby Barham, City Clerk. The meeting was opened with the Pledge of Allegiance. EXECUTIVE SESSION Council adjourned into Executive Session at 7:03 PM for 20 minutes to discuss with legal counsel about current or potential litigation per RCW 42.30.110(1)(i) with the Interim City Manager, City Attorney and Community & Economic Development Director. Mr. Serrano left the Executive Session at 7:17 PM and returned to Council Chambers. Mr. White left the Executive Session at 7:19 PM and returned to Council Chambers. At 7:23 PM, Mayor Barajas announced that the Executive Session would continue for another five minutes. Mayor Barajas called the meeting back to order at 7:29 PM. Page 1 of 12 CONSENT AGENDA Approval of Meeting Minutes for November 21st and 28th To approve the minutes of the Pasco City Council Regular Meeting held on November 21, 2022 and Special Meeting and and Regular Workshop held on November 28, 2022. Bills and Communications To approve claims in the total amount of $4,419,390.01 ($2,993,482.21 in Check Nos. 252293-252562; $414,611.37 in Electronic Transfer Nos. 838011-838028, 838037-838041, 838045-838077, 838080-838204, 838222-838275, 838277, 838281-838346, 838348, 838350-838411, 838415-838421; $19,712.43 in Check Nos. 54193-54204; $991,584.00 in Electronic Transfer Nos. 30182944-30183518). Ordinance No. 4625 & Resolution No. 4280 - Budget Amendment and Approval to the Design Build of America (DBIA) Phase 1 Agreement for the Zone 3 Water Storage Reservoir Project To adopt Ordinance No. 4625, amending the 2021-2022 Biennial Budget (Ordinance No. 4560) of the City of Pasco, Washington, by providing supplement thereto; to provide additional appropriation in the City's Water Fund for the construction of the Zone 3 Water Reservoir Storage Tank. To approve Resolution No. 4280, authorizing the City Manager to execute Amendment No. 1 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. Resolutions Nos. 4281 and 4282 - Bid Award East UGA Expansion Sewer Local Improvement District No. 152 Phases 1 and 2 To approve Resolution No. 4281, Awarding Bid No. 21295-A for the East Urban Growth area (UGA) Expansion Sewer Local Improvement District (LID) (LID 152) Phase 1 project to Tapani, INC. of Battle Ground, Washington, and further, authorize the City Manager to execute the contract documents and allowing all necessary budget adjustments. To approve Resolution No. 4282, Awarding Bid No. 21295-B for the East Urban Growth area (UGA) Expansion Sewer Local Improvement District (LID) (LID 152) Phase 2 project to Tapani, INC. of Battle Ground, Washington, and further, authorize the City Manager to execute the contract documents and allowing all necessary budget adjustments. Page 2 of 12 Resolution No. 4283 - Second Work Acceleration Agreement for the Process Water Reuse Facility Pretreatment Improvements To approve Resolution No. 4283, authorizing the Interim City Manager to execute a second Work Acceleration Agreement with Burnham SEV Pasco, LLC for the Anaerobic Digestion and Renewable Natural Gave Project related to the Process Water Reuse Facility Phase 3 project. Resolution No. 4284 - Community Economic Revitalization Board Loan Application Approval for the Process Water Reuse Facility Pretreatment Improvements To approve Resolution No. 4284, authorizing submission of an application for a community Economic Revitalization Board Loan with the Washington State Department of commerce for the Process Water Reuse Facility Pretreatment Improvement Phase 3 project. Resolution No. 4285 - Contingency Agreement Approval for Community Economic Revitalization Board Loan Application for the Process Water Reuse Facility Pretreatment Improvements To approve Resolution No. 4285, authorizing the interim City Manager to enter into an agreement for a Community Economic Revitalization Board Loan with the Washington State Department of Commerce for the Process Water Reuse Facility Pretreatment Phase 3 Project. Resolution No. 4286 - Purchase of OpenGov Permitting, Business Licensing and Code Enforcement Software from Carahsoft Technology Corporation To approve Resolution No. 4286, authorizing the City Manager to execute a contract with Carahsoft Technology Corporation for OpenGov Permitting, Business Licensing and Code Enforcement Software. Cancellation of December 12, 19, and 27 2022, Regularly Scheduled Council Meetings To approve the cancellation of the December 12th and 27th Council Workshop Meetings and December 19th Council Regular Meeting. MQTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Brown 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 Page 3 of 12 VISITORS - OTHER THAN AGENDA ITEMS Dallas Barnes, Pasco resident, commented on the Code Enforcement Board meeting held on Thursday, December 1, 2022, and expressed concern about the action taken during the December 1, 2022 Code Enforcement Board meeting regarding his property and requested that Council Iook into it. REPORTS FROM COMMITTEES AND/OR OFFICERS Verbal Reports from Councilmembers Mr. Campos reported on the Ben Franklin Transit Executive Committee meeting he recently attended. Ms. Roach reported on the Hanford Communities Governing Board meeting; Visit Tri-Cities new CEO; the groundbreaking event for the new Tri Cities Animal Control facility; and the Pasco Chamber Luncheon. She also commented on expressions of concern she has received from small business owners about bullying tactics from David Cortinas. Mr. Milne also commented on the Tri Cities Animal Control's new facility groundbreaking event and the Pasco Chamber of Commerce Luncheon. General Fund Monthly Report -August - October 2022 Ms. Buckley provided a brief report for the City's General Fund from August 2022 through October 2022. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO Public Hearing and Ordinance No. 4626 - Approval of 2021-2022 Budget Supplement Operating � Capital Projects Budgets Ms. Buckley provided a brief update on the final amendment the 2021-2022 Operating and Capital Projects Budgets, which included supplement to make the various funds whole. Mayor Barajas declared the Public Hearing open to considerthe proposed approval of the 2021-2022 Budget supplement for the City's Operating and Capital Projects Budgets. 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 Milne to adopt Ordinance No. 4626, adjusting the 2021-2022 Biennial Budgets of the City of Pasco by providing supplement thereto; by appropriating revenue received in excess of estimated revenues for the current year and by providing transfers and adjustment authority and, further, authorize publication by summary only. Page 4 of 12 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 Hearing - Right-of-Way Vacation for Snake River Agriculture, LLC (VAC 2022-006) Mr. White provided a brief report on the proposed right-of-way vacation. He noted that staff recommends denial of this request. Council briefly discussed the proposed vacation and the possible use of the land to accommodate for traffic needs in the future. Mayor Barajas declared the Public Hearing open to consider the proposed right-of- way vacation for Snake River Agriculture, LLC. Steven Bauman, Snake River Agriculture representative, explained that the owner of the property plans build a gas station on the property. He requested that Council approve the right-of-way vacation and suggested that the City may retain a roadway easement if need be. Following three calls for comments, and there being none, Mayor Barajas declared the Public Hearing closed. Council and staff continued discussion of the possible need for the future use of the right-of-way and requested that this item be continued with additional information that could accommodate both the City and the applicant. MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Roach to continue the right-of-way vacation for Snake River Agriculture, LLC (VAC 2022-006) to the Council Workshop scheduled for February 13, 2023. 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 Hearing and Ordinance No. 4627 -Approval of Alford/Cole Annexation (ANX 2022-003) Mr. White provided a brief report on the proposed annexation. Mayor Pro Tem Maloney requested information on how this annexation may impact local improvement district projects. Page 5 of 12 Mayor Barajas declared the Public Hearing open to consider the approval of the proposed Alford / Cole annexation. 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. 4627, relating to annexation and annexing certain real property to the City of Pasco, 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 ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS Ordinance No. 4628 -Approval of Acevedo Rezone from RS-12 to R-1 (Z 2022- 014) Mr. White provided a brief report on the proposed rezone from RS-12 to R-1 (Z 2022-014). 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. Serrano asked for some clarification regarding the zoning and Mr. White provided an explanation. MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Campos to adopt Ordinance No. 4628, approving a rezone at 1305 Road 44 from RS-12 (Low Density Residential) to R-1 (Low Density Residential) and, further, authorize publication by summary only. RESULT: Motion carried 6-1 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Brown, Councilmember Campos, Councilmember Milne, and Councilmember Roach NAYS: Councilmember Serrano Page 6 of 12 Ordinance No. 4629 -Approval of Gerig Rezone from R-2 to R-4 (Z 2022-015) 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. White provided a brief report on the proposed rezone from R-2 to R-1 (Z 2022- 015). Mayor Pro Tem Maloney and Mr. Serrano asked for some clarification regarding the zoning and Mr. White provided an explanation. MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Brown to adopt Ordinance No. 4629, approving a rezone at 2503 W Park Street from R-2 (Medium Density Residential)to R-4 (High Density Residential)and, further, authorize publication by summary only. RESULT: Motion carried 6-1 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Brown, Councilmember Campos, Councilmember Milne, and Councilmember Roach NAYS: Councilmember Serrano Ordinance No. 4630 - Approval of Davidson Rezone from R-S-20 to R-1 (Z 2022-016) 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. White provided a brief report on the proposed rezone from R-S-20 to R-1 (Z 2022-016). MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Roach to adopt Ordinance No. 4630, approving a rezone at 6007 W. Court Street from R-S-20 (Suburban) to R-1 (Low Density Residential) and, further, authorize publication by summary only. RESULT: Motion carried 6-1 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Brown, Councilmember Campos, Councilmember Milne, and Councilmember Roach NAYS: Councilmember Serrano Page 7 of 12 Ordinance No. 4631 - Amending the Pasco Municipal Code Title 3 and Establish Animal Control Operations Fund Ms. Buckley provided a brief report creating a new fund to support the Animal Control Operations. MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Milne to adopt Ordinance No. 4631, relating to the establishment of the Animal Control and Services Fund to support the newly City managed Facility and create a new Chapter 3.147, "Animal Control and Services Fund" in the Pasco Municipal Code, 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 Resolution No. 4287 - 2023-2025 International Association of Firefighter (IAFF), Local No. 1433, Collective Bargaining Agreement Ms. Chapin provided a brief update on the proposed IAFF, Local No. 1433 Collective Bargaining Agreement and confirmed that staff recommends approval of this agreement. MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Serrano to approve Resolution No. 4287, approving the 2023-2025 Collective Bargaining Agreement with the International Association of Firefighters, Local No. 1433. 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. 4288 - 2023-2025 Pasco Police Officers Association - Non- Uniform Unit (PPOA - NU) Collective Bargaining Agreement Ms. Chapin introduced Police Chief Roske and PPOA President James Thompson who provided a brief update on the proposed PPOA - NU Collective Bargaining Agreement. MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Milne to approve Resolution No.4288, approving the 2023-2025 Collective Bargaining Agreement with the Pasco Police Officers Association - Non-Uniform Bargaining Unit. Page 8 of 12 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. 4289 -Acceptance of Work of Peanuts Park Project Mr. Ratkai provided a brief report on the project closure of the Peanuts Park project. Council and staff further discussed the proposed project completion and Council inquired about possible unfinished work and warranty work; and they requested that additional features be included in the park. MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Serrano to to table Resolution No. 4289, accepting work performed by Booth & Sons Construction Inc., under contract for the Peanuts Park Project. RESULT: Motion carried 5-2 AYES: Mayor Pro Tem Maloney, Mayor Barajas, Councilmember Campos, Councilmember Roach, and Councilmember Serrano NAYS: Councilmember Brown and Councilmember Milne Resolution No. 4290 - Interfund Loan Amendment from General Fund to Marina Fund Ms. Buckley provided a brief report on the proposed interfund loan amendment. MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Serrano to approve Resolution No. 4290, authorizing an interfund loan amendment from the General Fund to the Marina Fund. 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 break at 8:56 PM. Page 9 of 12 UNFINISHED BUSINESS Ordinance No. 4632 - Adopting the Redistricting Plan and Amending the Pasco Municipal Code Chapter 1.15 Voting Districts Mr. Serrano recused himself from the this item and left the Council Chambers at 9:04 PM. Mr. Ferguson provided a brief history of creating up through the current redistricting of the Council Voting Districts. Steve Bauman, Franklin County resident, expressed concern regarding the redistricting process. Gabriel Portugal, Pasco resident and League of United Latin American Citizens (LULAC} representative, expressed concern regarding the late notice of the redistricting process and invited Council to review the LULAC redistricting map provided in the letter he sent to Council over the weekend. MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Roach to adopt Ordinance No. 4632, adopting the Redistricting Plan in compliance with RCW 29A.76.010 and amending the Pasco Municipal Code Chapter 1.15 Voting Districts based on the 2020 U.S. Decennial Census data as required by Washington State and Federal Voting laws, and further, authorize publication by summary on1y. RESULT: Motion carried unanimously 6-0 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Brown, Councilmember Campos, Councilmember Milne, and Councilmember Roach ABSENT: Councilmember Serrano Mr. Serrano returned to the Council Chambers at 9:25 PM. Resolution No. 4291 - Downtown Pasco Development Authority (DPDA) 2023 Funding Request Mr. White provided a brief report on the proposed Downtown Pasco Development Authority (DPDA) 2023 Funding Agreement. Council discussion ensued regarding the consultant the City hired to assist the DPDA; whether or not to fund the DPDA in 2023, how much to fund the DPDA in 2023; has the DPDA been consistently underfunded and should the full funding amount requested be considered. Near the end of the discussion Mayor Barajas requested that the DPDA report back to Council on a monthly basis and she requested a work plan from DPDA for 2023. Page 10 of 12 MOTION: Councilmember Serrano moved, seconded by Councilmember Brown to approve Resolution No. 4291, authorizing the City Manager to execute the 2023 Funding Agreement with the Downtown Pasco Development Authority with Option D for an initial payment of$120,000 for the 6 month and subequ quarter up to $60,000. 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 Ordinance No. 4615 -Approval of Road 40 LLC Rezone from I-1 to I-2 (Z 2022- 009) 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: Motion carried 5-2 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Campos, Councilmember Milne, and Councilmember Serrano NAYS: Councilmember Brown and Councilmember Roach Approval of the Lodging Tax Advisory Committee (LTAC) Recommendations for 2023 Mayor Pro Tem Maloney expressed concern about the Tamale Festival recommended for funding in 2023 by the LTAC. He requested it be removed from the funding list based on a conflict of interest he believed was noted within the application. Mr. Serrano was opposed to pulling one specific item from the list of recommendations on such short notice. Mr. Ferguson explained Council's authority to accept the LTAC's recommendations in whole, in part or not at all and in this case a modification to the funding list was requested by Mayor Pro Tem Maloney. Page 11 of 12 MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Campos to approve the Lodging Tax Advisory Committee recommendations for the 2023 funding allocations with the removal of the $8,500 for the Tamale Festival. 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 MISCELLANEOUS DISCUSSION Mr. Lincoln announced that there were a few traffic accidents the previous night due to winter weather conditions. The Public Works Department has a sign up list for those Councilmembers that would like to participate in a snowplow ride-along. Mr. Lincoln noted the following events scheduled in December: • The first stakeholder meeting for the Housing Action Plan is scheduled for December 13th. • Pasco's WinterFest is currently underway. • The Annual Lampson Cable Bridge Rus is scheduled for December 17th. • Coffee with a Cop is scheduled for December 7th Lastly, Mr. Lincoln announced that Police Officer Jones is healing well from the gun shot wound and he wished everyone a Merry Christmas and Happy New Year. Mayor Barajas announced the Heroes Basketball Charity game scheduled for December 17th, noting that it's a game between the Pasco Police and Pasco Fire Departments' staff. Mr. Campos expressed thanks to the Public Works Streets Division for their work on clearing the roads. ADJOURNMENT There being no further business, the meeting was adjourned at 10:41 PM. PASSED and APPROVED this 3� day of J��.G� , 20t-3. APPROVED: ATTEST: �-- � � � ��� Blanc arajas, ayor Debra Barham, City Clerk Page 12 of 12