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Home My WebLink About2023.03.20 Council Minutes Li�y�� W��hin�.,*t�n MINUTES City Council Regular Meeting 7:00 PM - Monday, March 20, 2023 Pasco City Hall, 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, 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; Brent Cook, Deputy 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 Approval of Meeting Minutes for March 6th, 8th and 13#h To approve the minutes of the Pasco City Council Regular Meeting held on March 6, 2023, Special Meeting held on March 8, 2023, and Workshop March 13, 2023. Bills and Communications To approve claims in the total amount of $6,892,909.54 ($4,989,855.30 in Check Nos. 254451-254797; $767,185.14 in Electronic Transfer Nos. 839859-839865, 839867; $20,863.83 in Check Nos. 54300-54314; $1,114,357.10 in Electronic Transfer Nos. 30187622-30188234; $95.27 in Electronic Transfer Nos. 917; $552.90 in Electronic Transfer Nos. 197-202) Page 1 of 11 To approve bad debt write-off for accounts receivable including Utility Billing, Ambulance, Cemetery, General Accounts, and Miscellaneous Accounts in the total amount of$231,026.03 and, of that amount, authorize$13,724.62 to be turned over for collection. Ordinance No. 4644& Resolution No. 4318 -Budget Amendment& Bid Award for Court Street Overlay (Road 44 to Road 68) and Court Street Overlay - Phase 2 Projects To adopt Ordinance No. 4644, amending the 2023-2024 Biennial Capital Projects Budget (Ordinance No. 4620) of the City of Pasco, Washington, by providing supplement thereto; to provide additional appropriation in the City's Overlay Fund for the Court Street Overlay— Road 44 to Road 68 and Court St. Overlay- Phase 2 Projects and, further authorize publication by summary only. To approve Resolution No. 4318, awarding the construction contract for Bid No. 21304 and 21308, Court Street Overlay- Road 44 to Road 68 project and Court Street Overlay - Phase 2 Projects to Central Washington Asphalt, Inc. of Moses Lake, Washington in the amount of$2,885,000, and further authorizes the Interim City Manager to execute the contract documents. Ordinance No. 4645 & Resolution No. 4319 -Budget Amendment� Bid Award Wastewater Treatment Plant Improvements Phase 2A To approve Ordinance No. 4645, amending the 2023-2024 Biennial Capital Projects Budget (Ordinance No. 4620) of the City of Pasco, Washington, by providing supplement thereto; to provide additional appropriation in the City's Wastewater Utility Fund and, further, authorize publication by summary only. To approve Resolution No. 4319, awarding the Wastewater Treatment Plant Improvements Phase 2A Project to Apollo, Inc. of Kennewick, Washington, in the amount of $13,996,917.00, including Washington State Sales Tax, and further authorize the Interim City Manager to execute the contract documents. Resolution No. 4320 - Acceptance of 2023-2028 Parks, Recreation & Open Space Master Plan This item was maved ta "Ordinances and Resolutions Not Relating to Hearings" sectian for discussion. Resolution No. 4321 - Project Acceptance: Sandifur Parkway Widening To approve Resolution No. 4321, accepting work perFormed by Big D's Construction, Inc. under contract for the Sandifur Parkway Widening (Rd 52 to Rd 60) Project. Page 2 of 11 *Resolution No. 4322 - Setting a Public Hearing Date for Empire Bros Construction Right-of-Way Vacation (VAC 2022-010) To approve Resolution No. 4322, setting 7:00 P.M., Monday, April 17, 2023 as the time and date to conduct a public hearing to consider the vacation of rights-of-way in Washington Addition to Pasco in the vicinity of East Helena Street in Pasco, WA. Mayor Pro Tem Maloney requested that Consent Agenda Item 4(e} Resolution No. 4320 -Acceptance of 2023-2038 Parks, Recreation and Open Space Master Plan, be moved to ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS, Section 9(d), for further discussion. MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Campos to approve the Consent Agenda as amended. 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 Proclaiming March 2023 as "Developmental Disabilities Awareness Month" Mayor Barajas will read the proclamation proclaiming March 2023 as, "Developmental Disabilities Awareness Month" in Pasco, Washington. She presented the proclamation to Cindy O'Neill, Executive Director of the Arc of Tri- Cities; Valerie Clark, Goodwill Industries; Paul Singer, Director of Tri-Cities Residential Services. Proclaiming March 2023 as "Women's History Month" Mayor Barajas read the proclamation proclaiming March 2023 as, "Women's History Month" in Pasco, Washington and then presented it to Angie Pacheco, Domestic Violence Services of Benton and Franklin Counties Executive Director. PUBLIC COMMENTS Charles Grimm, Pasco resident, commented on the retail sales cannabis and expressed support for the approval of Resolution No. 4327, issuing an advisory vote to Pasco residents. Lawanda Hatch, Pasco resident, expressed opposition to retail sales of cannabis. John Rose, Pasco resident, expressed opposition to retail sale of cannabis. Dana Crutchfield, Pasco resident, expressed opposition to retail sales of cannabis within Pasco and distributed her written comments to City Clerk Barham. Page 3 of 11 Eric Larsen, Glee Washington, expressed support for the retail sales of cannabis within Pasco. Anthony Contreras-Sanchez, Kennewick resident, expressed appreciation for the Mayor proclaiming March as the "Developmental Disabilities Awareness Month.". Carl Holder, Downtown Pasco business owner, commented on the retail sales of cannabis and expressed support for Resolution No. 4328, to allow it within commercial and industrial zoning districts. Michael Grey, Franklin County resident, expressed support for Resolution No. 4328, allowing the retail sales of cannabis within commercial and industrial zoning districts in Pasco. Luke Mehlenbacher, Pasco resident, expressed opposition to the retail sales of cannabis within Pasco. Terri Hendricks, Pasco resident, expressed support of Resolution No. 4328, allowing the retail sales of cannabis within commercial and industrial zoning districts in Pasco. Unidentified woman, expressed opposition to the retail sales of cannabis within Pasco and supported the approval of Resolution No. 4327. David Dillsworth, Pasco resident, expressed opposition to the retail sales of cannabis in Pasco and distributed a petition opposing the retail sales of cannabis to City Clerk Barham Michelle Andres, Pasco resident, expressed opposition to the retail sales of cannabis within Pasco. Willy Wilson, Pasco resident, commented on March 6 and March 12 Council meetings related to actions related to the retail sales of cannabis within Pasco. Brian Moreno, Pasco resident, commented on a proposal he previously submitted to Council to create an advisory board to the Tri-Cities Animal Control Authority. Hector Toro, Pasco resident, read an article regarding federal legislation related cannabis. Valerie Landen, Director of Hearthfire Animal Rescue Team (HART), commented on the Tri-Cities Animal Control Shelter. Angela Zilar, West Richland resident, commented on the Tri-Cities Animal Control Shelter and distributed "Duties and Responsibilities"from her previous contract with the City of Pasco to City Clerk Barham. Page 4 of 11 Mr. Martinez, Pasco resident, expressed opposition to retail sales of cannabis within Pasco and support for Resolution No. 4327, issuing an advisory vote to Pasco residents. Donnie Pitzer, Yakima resident, expressed support of Resolution No. 4328, allowing the retail sales of cannabis within commercial and industrial zoning districts in Pasco. Roger Skaer, West Richland resident, expressed support of Resolution No. 4328, allowing the retail sales of cannabis within commercial and industrial zoning districts in Pasco. David Ramarez, Pasco resident, expressed opposition to the retail sales of cannabis within Pasco and supported the approval of Resolution No. 4327. Robert Carosino, Pasco resident, expressed opposition to the PROS Master Plan as it does not include a plan for new community waterfront park north of Chiawana Park along the Columbia River. He noted that he submitted an email to Council earlier in the day. AMENDMENT TO AGENDA ORDER MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Serrano to move Unfinished Business Item No. 10(a) Resolutions Nos. 4327 & 4328, Related to Retail Sales of Cannabis before 8(a) Public Hearing - 2022 Comprehensive Plan Amendment Docket. 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 Resolutions Nos. 4327 & 4328, Related to the Retail Sales of Cannabis Council and staff briefly discussed the issue and the proposed actions as presented in the agenda report were clarified. MOTION: Councilmember Milne moved, seconded by Councilmember Serrano to approve Resolution No. 4327, requesting the City staff to draft a resolution requesting the Franklin County Auditor to place a proposition for an advisory vote on the next primary election asking voters whether the regulation of retail sales of cannabis should be allowed or if the current ban on cannabis retail activities should continue within the City of Pasco. RESULT: Motion failed by Roll Call Vote 3-4 Page 5 of 11 AYES: Councilmember Brown, Councilmember Milne, and Councilmember Serrano NAYS: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Campos, and Councilmember Roach MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Campos to approve Resolution No. 4328, requesting the City staff to draft an ordinance to amend PMC 25.10.020 and PMC 25.85, PMC 25.90, PMC 25.100, PMC 25.120, PMC 25.115, and PMC 25.125 to allow the retail sale of cannabis in the C-1, C-2, C-3, I-1, I-2, and I-3 Zone(s). RESULT: Motion carried by Roll Call Vote 4-3 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Campos, and Councilmember Roach NAYS: Councilmember Brown, Councilmember Milne, and Councilmember Serrano RECESS Mayor Barajas called a five-minute recess at 8:23 PM. HEARINGS AND COUNCIL ACTION ON QRDINANCES AND RESOLUTIONS RELATING THERETO Public Hearing -2022 Comprehensive Plan Amendment Docket Mayor Barajas provided instructions on the process for the proposed 2022 Comprehensive Plan Amendment Docket and public hearing. Mr. Gonzalez provided a brief overview of the considerations related to Comp Plan Amendment Docket. Mayor Barajas declared the Public Hearing open to consider the proposed 2022 Comprehensive Plan Amendment Docket and requested that Mr. Gonzalez introduce the first Comp Plan Amendment. Mr. Gonzalez reported on the CPA 2022-001 - Kidwell Medium Density Residential to Mixed Residential/Commercial. Rick Simon, the Consultant for Mr. and Mrs. Kidwell (CPA 2022-001), expressed support for their Comp Plan amendment. Mr. Gonzalez reported on the CPA 2022-002 - Jankelson/Tate Low Density Residential to Mixed Residential/ Commercial. Ms. Tate expressed support for her Comp Plan amendment. Page 6 of 11 Mr. Gonzalez reported on the CPA 2022-003 - Broetje/New Heritage: Industrial to Mixed Residential/Commercial. He stated that staff have expressed concern regarding the proposed amendment and does not support it. Mr. Broetje, applicant, expressed support for the Broetje/New Heritage (CPA 2022- 003) Comp Plan amendment. Ms. Roach and Mr. Broetje further discussed the proposed development and the environmental impact statement within the application. Mr. Serrano and Mr. Gonzalez discussed the recommendation of denial of the Broetje/New Heritage Comp Plan amendment as currently presented. Then Mr. Serrano briefly discussed the proposed amendment with Mr. Broetje. Mayor Barajas commented on this proposed Comp Plan amendment and a letter regarding a truck route concern in the area where this property is located. Mr. Milne and Mr. Broetje discussed the sound barrier wall between Amazon and the proposed development. Steven McFadden, Port of Pasco, commented on the need for affordable housing in Pasco, as well as the need for compatibility within neighboring sites of this proposed Comp Plan amendment zoned Industrial. Laura Han, Local Bounty representative, commented on the proposed housing development and expressed support of City staff s recommendation to deny the Broetje/New Horizon (CPA 2022-003) Comp Plan amendment. Ryan Brault, Pasco resident, commented on his time living in Tierra Vida community and expressed support for the proposed Broetje/New Horizon Comp Plan amendment. Justin Baerlocher, JUB Engineers and consultant for Broetje/New Heritage (CPA 2022-003), discussed the timeline on the updates to the proposed Comp Plan amendment related to the environmental impact statement for the property. Mr. Brown, Mr. Campos, Ms. Roach and Mayor Pro Tem Maloney commented and asked additional questions regarding the proposed amendment and recommendation for denial. Gracie Valle, Pasco resident, spoke about Tierra Vida community and stated that she and her family were previous residents of another Broetje community. She expressed support for the proposed Broetje/New Horizon Comp Plan amendment. Federico Valle, Pasco resident, commented Tierra Vida community and stated that he was a previous resident of another Broetje community. He expressed support for the proposed Broetje/New Horizon Comp Plan amendment. Page 7 of 11 Darrell Morris, JUB Engineers and consultant for the Broetje/New Heritage (CPA 2022-003), expressed support for this Comp Plan amendment. Mayor Pro Tem Maloney asked for clarification on the environmental impact statement and Mr. Gonzalez responded. RECESS Mayor Barajas declared a five-minute recess at 9:41 PM. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO CONTINUED Public Hearing -2022 Comprehensive Plan Amendment Docket Continued Mayor Barajas amended the public hearing process for the Comprehensive Plan Amendments. She requested that Mr. Gonzalez provide brief summaries for the remaining proposed Comprehensive Plan Amendments and then the public would have the opportunity to provide comments on any of those applications. Mr. Gonzalez reported on the following applications: • CPA 2022-004 - Lavrentiev: Low Density Residential to Medium Density Residential • CPA 2022-006 - Olberding/Stromstad: Commercial to Mixed Residential/Commercial • CPA2022-007 - Mullen: Commercial to Mixed Residential/Commercial • CPA2022-008 - Blake: Commercial to Mixed Residential/Commercial • CPA2022-009 - Alford: Low Density Residential to Mixed Residential/Commercial • CPA2022-010 - McClory: Commercial to High Density Residential • CPA2022-011 - Lavrentiev/Fetterolf: Commercial to Mixed Residential/Commercial • CPA2022-013 - City of Pasco: Establish Downtown Land Use/Overlay • CPA2022-014 - City of Pasco: Broadmoor Master Plan • CPA2022-015 - City of Pasco: Commercial to Mixed Use Residential & Commercial, Ramgar Estates • CPA2022-016 - City of Pasco: Commercial to Mixed Use Residential & Commercial, West Court Street: 19th Ave-14th Ave. • CPA2022-017 - City of Pasco: Industrial to Mixed Residential and Commercial, S 10th Ave: W A St-W Washington St. • CPA2022-018 - City of Pasco: Changes to the Future Land Use Map Table Council interjected throughout the presentations providing comments and sought clarification on specific applications. Ms. Barajas called for public comment. Page 8 of 11 Cortney Whiten, the consultant for Lavrentiev (CPA 2022-004), expressed support for that proposed Comp Plan Amendment. Peter Harpster, the consultant for Olberding/Stromstad (CPA2022-006), expressed support for the proposed Comp Plan Amendment. Charles Grimm, Pasco resident, commented on the City of Pasco's Broadmoor Master Plan (CPA2022-014)and requested it be modified it to include a community park along the Columbia River shoreline. Following three calls for comments, and there being none, Mayor Barajas declared the Public Hearing closed. This item will come back to Council for a recommendation of final action at a future meeting. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS Request to Continue Resolution No. 4323 - Naming of New Park in Madison Park Neighborhood and Resolution No. 4320 - Acceptance of 2023-2028 Parks, Recreation � Open Space Master Plan to a Future Meeting MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Milne to continue Resolution No. 4323 - Naming of New Park in Madison Park Neighborhood and Resolution No. 4320 - Acceptance of 2023-2028 Parks, Recreation & Open Space Master Plan to a future Council 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 Resolution No. 4326 - Award and Acceptance of the AAusco Sports Lighting/National l2ecreation & Park Association Youth Sport �quity Grant Program, Memorandum of Understanding, and In-Kind Donation Agreement Mr. Ratkai provided a brief report on the proposed grant, MOU and in-kind donation for sports field lighting. MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Campos to approve Resolution No. 4326, approving the acceptance of the Musco Sports Lighting/National Recreation & Park Association Youth Sports Equity Grant, Memorandum of Understanding, and In-Kind Donation Agreement. RESULT: Motion carried unanimously 7-0 Page 9 of 11 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Brown, Councilmember Campos, Councilmember Milne, Councilmember Roach, and Councilmember Serrano Resolutions Nos. 4324 � 4325 - Interagency Agreement 8� Rental Agreement with Washington Criminal Justice Training Commission for the Basic Law Enforcement Academy Deputy Police Chief Cook provided a brief report on the proposed interagency agreement and Rental Agreement for the Basic Law Enforcement Academy. MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Roach to approve Resolution No. 4324, authorizing the City Manager to execute the interagency agreement with the Washington State Criminal Justice Training Commission to provide instruction and facilities for the purposes of hosting the Basic Law Enforcement Academy (BLEA). RESULT: Motion carried unanimously 7-0 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Brown, Councilmember Campos, Councilmember Milne, Councilmember Roach, and Councilmember Serrano MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Roach to approve Resolution No. 4325, authorizing the City Manager to execute a Delegated State Rental Agreement between the Washington State Criminal Justice Training Commission and the City of Pasco. RESULT: Motion carried unanimously 7-0 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Brown, Councilmember Campos, Councilmember Milne, Councilmember Roach, and Councilmember Serrano MISCELLANEOUS DISCUSSION Ms. Roach suggested that the Council Meeting start earlier, prehaps at 6:00 PM. EXECUTIVE SESSION (15 MINUTES) Council adjourned into Executive Session with the City Attorney at 10:28 PM for 15 minutes to discuss perFormance of a Public Employee per RCW 42.30.110(1}(g) and discussion with Legal Counsel About Current or Potential Litigation per RCW 42.30110(1)(i). At 10:43 PM Mayor Barajas announced that the Executive Session would continue for another 15 minutes. Page 10 of 11 Mr. Lincoln and Mr. Worley joined the Executive Session at 10:46 PM. Mayor Barajas called the meeting back to order at 11:00 PM. ADJOURNMENT There being no further business, the meeting was adjourned at 11:00 PM. PASSED and APPROVED this �J�day of � , 20� APPROVED: ATTEST: - � �� Bla che Barajas, Mayor Debra Barham, City Clerk Page 11 of 11