HomeMy WebLinkAbout2026.04.20 Council Special Meeting Minutes MINUTES
City Council Special Meeting
5:30 PM - Monday, April 20, 2026
Pasco City Hall, Council Chambers & Microsoft Teams Webinar
CALL TO ORDER
The meeting was called to order at 7:00 PM by Charles Grimm, Mayor.
ROLL CALL
Councilmembers present: David Milne, Charles Grimm, Joe Cotta, Leo Perales,
Calixto Hernandez, Abel Campos, and Mark Figueroa
Councilmembers attending remotely:
Councilmembers absent: None
Staff present: Harold Stewart, City Manager; Daniel Kenny, City Attorney; Bob
Sterbank, Attorney; Haylie Matson, Community & Economic Development Director;
Ivan Barragan, Planner III; and Krystle Shanks, Deputy City Clerk
The meeting was opened with the Pledge of Allegiance.
HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS
RELATING THERETO
*Q Closed Record Appeal - Madison Park North Phase 1 FP2025-006 Closed
Record Appeal (APPL 2025-003)
Mr. Kenny, City Attorney, announced that this item was a quasi-judicial action and
explained the procedure for closed record appeal hearing quasi-judicial items,
noting that this item was a Closed Record Appeal Hearing, and no new evidence
may be presented, only those who participated in the Open Record Hearing in front
of the Hearing Examiner may testify and arguments must be summary only and not
offer new evidence.
Mr. Kenny 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.
Councilmember Perales disclosed that he had received in the past, campaign
contributions from two of the appellants, Dave Swisher and Jon Padvorac, but
noted he could make a decision based on the everything presented in the record.
Mr. Kenny then asked if any members of the public were seeking to disqualify a
member of Council from participating in the proceedings.
Mr. Carmody, attorney for the appellants, asked if there had been any
correspondence or dialogue between Councilmembers and Attorney Bob Sterbank
or his office, on matters related to Madison Park North.
Discussion ensued between Mr. Kenny and Mr. Carmody regarding attorney-client
privileged communications.
Councilmember Perales stated that he has not had communications with Mr.
Sterbank outside of the attorney-client privileged correspondence.
Ms. Matson then provided an overview of the final plat approval process, noting
that the application had been administratively approved on December 18, 2025,
and recorded thereafter. Staff explained that final plats must be consistent with the
approved preliminary plat and applicable code requirements, including completion
or bonding of required infrastructure. Staff recommended that Council conduct the
hearing, deny and dismiss the appeal, affirm the final plat approval, and exclude
specified pages from the record. MOTION: Councilmember Cotta moved, seconded by Councilmember Figueroa
to proceed to the 15-minute arguments.
RESULT: Motion carried 6-1
AYES: Mayor Pro Tem Milne, Mayor Grimm, Councilmember
Cotta, Councilmember Hernandez, Councilmember
Campos, and Councilmember Figueroa
NAYS: Councilmember Perales
EXECUTIVE SESSION
Council adjourned into Executive Session at 7:04 PM for 5 minutes returning at 7:09
PM to discuss with legal counsel representing the agency litigation or potential litigation
with the City Manager and City Attorney.
At 7:09 PM Mayor Grimm announced that the Executive Session would continue for
another 5 minutes or until 7:14 PM.
Mayor Grimm called the meeting back to order at 7:14 PM.
CLOSED RECORD APPEAL HEARING CONTINUED
Upon return to open session, Councilmembers provided deliberative comments and
had subsequent questions answered by staff.
Councilmember Cotta stated that staff appropriately approved the plat and that denying
approval would have been improper.
Councilmember Hernandez concurred.
Councilmember Figueroa stated that staff followed established procedures and code
requirements and supported denial of the appeal.
Councilmember Perales expressed concerns regarding the fairness of the process and
the integrity of the record and suggested providing the appellant an opportunity for
additional written response or considering an open record hearing.
Based on Council discussion, a majority of Council indicated support to deny and
dismiss the appeal and affirm the administrative approval of the final plat.
Councilmember Perales had issues with the records and the process and felt more time
would be appropriate. Would like to see an open record hearing.
MOTION: Leo Perales moved, to continue the hearing to allow the appellant to
provide written documentation in response to the staff report published the prior
week. The motion did not receive a second and therefore failed.
MOTION: Mark Figueroa moved, seconded by Joe Cotta, to deny and dismiss the
appeal filed by appellant Dave Swisher and Farm 2005, LLC and to affirm the City
of Pasco's approval of the Madison Park North Phase 1 Final Plat.
RESULT: Motion carried 6-1 by Roll Call vote.
AYES: David Milne, Charles Grimm, Joe Cotta, Calixto
Hernandez, Abel Campos, Mark Figueroa
NAYS: Leo Perales
ABSTAIN:
ABSENT:
MOTION: Joe Cotta moved, seconded by Calixto Hernandez, to exclude from
the final plat appeal closed record pages numbered 172 through
571.
RESULT: Motion carried 5-2 by Roll Call vote.
AYES: David Milne, Charles Grimm, Joe Cotta, Calixto
Hernandez, Mark Figueroa
NAYS: Leo Perales, Abel Campos
ABSTAIN:
ABSENT:
ADJOURNMENT
There being no further business, the meeting was adjourned at 7:23 PM.
PASSED and APPROVED on May 4, 2026.
APPROVED: ATTEST:
Charles Grimm, Mayor Krystle Shanks, Deputy City Clerk