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HomeMy WebLinkAbout2023.02.06 Council Minutes Liry UJ ' ��� W��51�i r��,nnn MINUTES City Council Regular Meeting 7:00 PM - Monday, February 6, 2023 Pasco City Hall, Council Chambers & GoToWebinar MEETING INSTRUCTIONS FOR REMOTE ACCESS 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, Assistant City Manager; Darcy Buckley, Finance Director; Eric Ferguson, City Attomey; Bob Gear, Fire Chief; Zach Ratkai,Administrative&Community Services Director; Jesse Rice, Information Technology 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. CONSENT AGENDA Ms. Roach requested that the "Approval of Meeting Minutes for January 17fh and 23rd"action item be removed from the Consent Agenda for further discussion. Approval of Meeting Minutes for January 17th and 23rd This item was moved to Unfinished Business for further discussion. Page 1 of 10 Bills and Communications To approve claims in the total amount of$10,146,833.14 ($6,446,084.18 in Check Nos. 253393-253846; $1,517,127.18 in Electronic Transfer Nos. 838813-838824, 838826, 838828-838870, 838875-838897, 838930-839003, 839005-839115, 839120-839131, 839133, 839135-839166, 839168-839206; $30,557.92 in Check Nos. 54240-54262; $2,153,063.86 in Electronic Transfer Nos. 30185254- 30186430). Resolution No. 4305 - Wastewater Treatment Plant Improvements Phase 2A Sole Source Purchase To approve Resolution No.4305, waiving the competitive bidding requirements and approving the purchase of Allen Bradley Motor Control Centers for the Wastewater Treatment Plant Improvements Phase 2A Project. MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Milne to approve the Consent Agenda as amended. RESULT: Motion carried by Roll Call vote 6-1 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Brown, Councilmember Campos, Councilmember Milne, and Councilmember Roach NAYS: Councilmember Serrano PROCLAMATIONS AND ACKNOWLEDGEMENTS Proclaiming February 2023 as "Black History Month" Mayor Barajas and Councilmember Brown read the proclamation proclaiming February 2023 as, "Black History Month" in Pasco, Washington; and then both Mayor Barajas and Mr. Brown presented it to Ms. Chaune' Fitzgerald from the Washington African American Chamber of Commerce Tri-Cities. VISITORS -OTHER THAN AGENDA ITEMS Billie Wensveen, West Richland resident, commented about the Tri-Cities Animal Control Shelter and a dog named Phoenix. Angela Zilar, individual, commented about the Tri-Cities Animal Control Shelter and the Pasco Municipal Code related to animal control. Michelle Inserra, Friends of the Tri-Cities Animal Shelter organizer, commented about the Tri-Cities Animal Control Shelter. Mary Maddox, owner of Maddox's Dog Training Academy, commented about the Tri- Cities Animal Control Shelter. Page 2 of 10 Mary Mahoney, Franklin County resident, commented about the Tri-Cities Animal Control Shelter. Nicole Milne, Pasco resident, commented about the Tri-Cities Animal Control Shelter. Carl Holder, Downtown Pasco business owner, commented about retail sales of cannabis in the Pasco downtown area. Julie Webb, Richland resident, commented about the Tri-Cities Animal Control Shelter. Andrea Orozco, Kennewick resident, commented about the Tri-Cities Animal Control Shelter. Joseph Galbreath, Richland resident, commented about the Tri-Cities Animal Control Shelter. Mona Duruy, Richland resident, commented about the Tri-Cities Animal Control Shelter. Leo Perales, Pasco resident, commented about the Tri-Cities Animal Control Shelter and referred to an email he sent directly to Council earlier in the day. Brian Rio, Pasco resident, commented about the Tri-Cities Animal Control Shelter white paper he wrote. Geri Randall, Finley resident, commented about the Tri-Cities Animal Control Shelter. RECESS Mayor Barajas called a five-minute recess at 7:48 PM. REPORTS FROM COMMITTEES AND/OR OFFICERS Verbal Reports from Councilmembers IV1r. Campos reported on a recent visit he had with the Tierra Vida Homeowners Association (HOA) during their meeting. He also noted that the Pasco Police Department participated in the meeting with the Tierra Vida HOA meeting. Ms. Roach reported on the Visit Tri-Cities Board meeting she attended recently. She also noted that she is co-coaching the Pasco Recreation Boys Basketball League. Mr. Milne reported on a Colima-Pasco Friendship Collaboration Association meeting he recently attended. Page 3 of 10 Mr. Brown commented on the Children's Developmental Center Gala he recently attended noting that Ms. Roach is the Executive Director for the Children's Developmental Center. Ms. Roach provided a brief recap on the recent Gala. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO Public Hearing for Mendoza Right-of-Way Vacation (VAC 2022-007) Mr. White provided a brief report related to the proposed right-of-way vacation and asked that Council open and continue the public hearing to February 21 st in order to meet the 20-day notice requirement. Mayor Barajas declared the Public Hearing open to consider the proposed Mendoza Right-of-Way Vacation (VAC 2022-007). MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Roach to continue the public hearing to the Regular Council meeting of February 21, 2023, to consider vacating rights-of-way for South 5th Avenue. 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 for Jubilee Foundation Right-of-Way Vacation (VAC 2022-009) Mr. White provided a brief report related to the proposed rights-of-way vacation and asked that Council open and continue the public hearing to February 21 st in order to meet the 20-day notice requirement. Mayor Barajas declared the Public Hearing open to consider the proposed Jubilee Foundation Right-of-Way Vacation (VAC 2022-009). Steve Bauman, consultant for Jubilee Foundation, commented on the proposed vacation. MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Campos to continue the public hearing to the Regular Council Meeting of February 21, 2023 to consider a request to vacate rights-of-way in Washington Addition to Pasco in the vicinity of East A Street and East Helena Street. RESULT: Motion carried unanimously 7-0 AYES: Mayor Pro Tem Maloney, Mayor Barajas, Councilmember Brown, Councilmember Campos, Councilmember Milne, Councilmember Roach, and Councilmember Serrano Page 4 of 10 Public Hearing for Burnham Wastewater Treatment Agreement — Process Water Reuse Facility (PWRF) Pretreatment Improvement Phase 3 Project Mr. Worley provided a brief report related to the proposed Wastewater Treatment Agreement for the PWRF Pretreatment Improvement Phase 3 project. Council and staff held a brief question and answer period regarding the proposed Wastewater Treatment Agreement and next steps for the overall project. Mayor Barajas declared the Public Hearing open to consider the proposed agreement. Karl Dye, TRIDEC CEO, expressed support for the proposed Wastewater Treatment agreement. He offered to assistance to the Pasco staff noting that there may be additional funding opportunities to help reduce the cost of the facility. Doug Pettinger, Darigold Sr. Director of Environmental Compliance, expressed support for the proposed Wastewater Treatment agreement. Stephen McFadden, Port of Pasco Director of Economic Development& Marketing, expressed support for the proposed Wastewater Treatment Agreement. Following three calls for comments, and there being no further comment, Mayor Barajas declared the Public Hearing closed. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS Resolution No. 4306 - Third Work Acceleration Agreement for the Process Water Reuse Facility Pretreatment Improvements � Mr. Worley provided a brief summary of the third (3rd) Work Acceleration Agreement with Burnham SEV and recommended that Council approve the agreement. MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Campos to approve Resolution No. 4306, authorizing the City Manager to execute a third Work Acceleration Agreement with Burnham SEV Pasco, LLC for the Anaerobic Digestion and Renewable Natural Gas Project related to the Proce�s Water Reuse Facility Phase 3 Project. RESULT: Motion carried unanimously 7-0 AYES: Mayor Pro Tem Maloney, Councilmember Campos, Mayor Barajas, Councilmember Brown, Councilmember Milne, Councilmember Roach, and Councilmember Serrano Page 5 of 10 Ordinance No 4637 - Eickmeyer/Roundy - Zoning Determination of Annexed Property (ZD 2022-002) Mr. White provided a brief summary on the proposed zoning determination for the recently annexed property. Mayor Barajas announced that the proposed zoning determination for recently annexed property 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. Ms. Roach asked for the applicant's full name as she know a person with the last name of Roundy. Mr. White stated that the applicant was an LLC and did not know the full names of the individuals that were a part of the LLC. Ms. Roach stated that she has not discussed this item with anyone and feels that she may remain impartial. Mr. Campos noted that he knows the Eickmeyers; however, he has not discussed this item with anyone and feels that he may remain impartial. 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. MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Serrano to adopt Ordinance No. 4637, assigning zoning to the Eickmeyer/ Roundy annexation area, as recommended by the Hearing Examiner 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.4638 -AlfordlCole -Zoning Determination of Annexed Property (ZD 2022-003) Mr. White provided a brief summary on the proposed zoning determination for the recently annexed property. Page 6 of 10 Mayor Barajas announced that the proposed zoning determination for recently annexed properly 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 Brown to adopt Ordinance No. 4638, assigning zoning to the Alford/Cole annexation area as recommended by the Hearing Examiner 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. 4639 -2023 Revenue Bond for LID No. 151 Debt Service Ms. Buckley provided a brief summary of the proposed Revenue Bond for the Local Improvement District No. 151. MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Milne to adopt Ordinance No. 4639, relating to Local Improvement District No. 151; fixing the terms of the Local Improvement District No. 151 Bond; providing for the purchase of such Bond by the City from funds on deposit in the City's Equipment Replacement Fund; and fixing the term of and interest rate on Local Improvement District No. 151 assessment installments. 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. 4640 - Amending the Pasco Municipal Code, Chapter 13.80 Related to Stormwater Ms. Serra introduced Environmental Compliance Coordinator Michael Henao who provided a brief report on the proposed stormwater updates to Chapter 13.80 in the Pasco Municipal Code related to the upcoming Washington State Department of Ecology (Ecology) stormwater permit. Council and staff briefly discussed the pending Ecology stormwater permit. Page 7 of 10 MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Campos to adopt Ordinance No. 4640, amending the Pasco Municipal Code, Chapter 13.80 " Storm Water Management Utility", specifically, section 13.80.120 "Authorized Discharges"; amending section 13.80.130 "Permitted Discharges." 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. 4307 - Supplement No. 1 to Professional Services Agreement for Construction Management Services for Citywide Traffic Signal Improvements Phase 2 with Anderson Perry Ms. Serra provided a brief report on the proposed amendment to the Citywide Traffic Signal Improvements agreement with Anderson Perry. MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Roach to approve Resolution No. 4307, authorizing the City Manager to execute Supplement No. 1 to the Professional Services Agreement with Anderson Perry &Associates, Inc. for the Citywide Traffic Signal Improvements Phase 2 project. 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 Approval of Meeting Minutes for January 17th and 23rd Ms. Roach asked about the voting process on how Cannabis item (the approval of Resolution No. 4303) was voted on during the January 17, 2023, Council meeting. Council and Mr. Ferguson discussed the voting process and Mr. Ferguson confirmed that the Roll Call vote that took place after the voice vote and prior to the Mayor "calling" the vote. That vote was called after the Roll Call vote was completed. MOTION: Councilmember Milne moved, seconded by Councilmember Campos to approve the minutes of the Pasco City Council Regular Meeting held on January 17, 2023, and, Special Meeting and Regular Workshop held on January 23, 2023. RESULT: Motion carried unanimously 7-0 Page 8 of 10 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Brown, Councilmember Campos, Councilmember Milne, Councilmember Roach, and Councilmember Serrano MISCELLANEOUS DISCUSSION Mr. Lincoln announced that the groundbreaking event for the new Fire Station No. 85 was scheduled for Wednesday, February 8th. Ms. Roach commented on discrimination and noted Washington State Senate Bill (SB) 5427 and asked if Council would consider writing a letter of support or add it to the City Council's Legislative Priorities. She also asked that Council bring items to the Council and as a whole would decide it was an item that they support and encouraged individual Councilmembers not sign such items without the whole Council support. Mr. Brown also commented on SB-5427 and expressed support for the bill. Mayor Pro Tem Maloney announced that he will be traveling to Olympia next week for Association of Washington Cities (AWC) Legislative Days. He also commented on the police pursuits and modifying the State law and asked Mr. Lincoln the timeline of this issue and if it was inline with Council's Legislative Priorities. Council as a whole expressed support for the police pursuits policy amendment to State Law. Ms. Roach suggested that the animal shelter topic be added to the mini retreat agenda. Mayor Barajas asked Mr. Ferguson the process for rescinding a vote from a previous meeting and he provided the procedure for rescinding a vote. After continued discussion Council considered and voted on the following motions. Motions Related to Resolution No. 4303 MOTION: Mayor Barajas moved, seconded by Councilmember Roach to rescind the approval of Resolution No.4303 from the January 17, 2023, Council meeting. RESULT: Motion failed by Roll Call vote as it needed a 2/3rds majority approval. 4-3 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Campos, and Councilmember Roach NAYS: Councilmember Brown, Councilmember Milne, and Councilmember Serrano Page 9 of 10 MOTION: Councilmember Roach moved, seconded by Mayor Pro Tem Maloney to bring back Resolution No. 4303 consideration for retail sales of cannabis to a future Council meeting for potential rescission. RESULT: Motion carried by Roll Call vote 5-2 AYES: Mayor Pro Tem Maloney, Councilmember Roach, Mayor Barajas, Councilmember Brown, and Councilmember Campos NAYS: Councilmember Milne and Councilmember Serrano ADJOURNMENT There being no further business, the meeting was adjourned at 9:57 PM. PASSED and APPROVED this �1��day of � , 20Z3. APPROVED: ATTEST: _�-__ - __� � 1��--.� Blanch arajas, Mayor Debra Barham, City Clerk Page 10 of 10