HomeMy WebLinkAbout2021.10.04 Council Minutes '1.:i l!x' ':}
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Ordinance - Amending Pasco Public Facilities District Charter
Related to Ballot Issue Process
To adopt Ordinance No. 4552, amending the Charter of the Pasco Public
Facilities District and publishing it as a Restated Charter, and, further,
authorize publication by summary only.
Resolution - Naming of New Park in Chapel Hill Neighborhood
To approve Resolution No. 4097, approving the name "Palomino Park"
for the new city park located in the Chapel Hill neighborhood.
Resolution -Acceptance of Work for Gesa Stadium Batting Cages
To approve Resolution No.4098, accepting the work performed by AIIStar
Construction Group for the Gesa.Stadium Batting Cages.
Lodging Tax Advisory Committee (LTAC) Recommendations for
2022
To approve the allocation of 2022 Lodging Tax receipts as recommended
by the Lodging Tax Advisory Committee.
MOTION: Mayor Pro Tem Barajas moved to approve the Consent
Agenda as read. Mr. Alvarado seconded. The motion carried by
unanimous Roll Call vote.
PROCLAMATIONS AND ACKNOWLEDGEMENTS
Letter of Appreciation to Mayor Martinez from 9th Legislative District
of Washington State Legislature
Mr. Zabell announced the letter Mayor Martinez received from the
Legislators from the 9th District expressing appreciation to Mayor
Martinez for his leadership during the COVID-19 pandemic.
VISITORS - OTHER THAN AGENDA ITEMS
John Rose, Pasco resident, spoke on COVID-19 and suggested a peer
review committee.
Eric Larson, Pasco resident and owner of Clear Mind Cannabis, spoke
about cannabis and business licensing, and offered his voice in a
community survey.
A brief discussion ensued with staff regarding community surveys.
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David Cortinas, Pasco resident and President of the Latin Business
Association (LBA), spoke on outdated ordinances/regulations in the
downtown area.
Leo Morales, Pasco resident and business owner, offered his three
minutes to Mr. Cortinas to continue to speak.
Mayor Martinez stated that Mr. Cortinas already used his allotted time.
Mr. Morales expressed his concerns about the timeliness of change and
action from Council and staff in helping downtown business owners.
Steve Bauman, Pasco resident and business owner, asked if Council
meetings are operated on Robert's Rules of Order. Mr. Ferguson,
responded that the Robert's Rules of Order (RRO) are used a basis for
Council meetings. Mr. Bauman expressed his disappointment that the
RRO were not used explicitly.
Marie, a downtown Pasco business owner, asked for help with the fire
sprinkler systems for her building to bring it up to code.
Veronica Ramirez, a downtown Pasco business owner, wanted to know
where checks were going to come that they were promised and wanted
to know why she was being asked certain questions in order to get the
money. She felt the questions weren't necessary. Mr. Cortinas provided
translation for Ms. Ramirez.
Francisco Valle, Economic Development Board Member of the LBA,
stated they need assistance and discussed issues with ARPA funding
checks, applications (online and in-person) and the questions being
asked of LBA members. Mr. Cortinas provided translation for Mr. Valle.
A Spanish speaking woman, reiterated what others had stated in that
money is needed now for the survival of her business. Mr. Cortinas
provided translation for her.
Finance Director Sigdel responded the concerns related to ARPA funds
and confirmed that more than $2.7 million of the ARPA funds were
distributed. She stated that with federal grant funding, it is not an easy
process and staff recognizes that the questions asked might feel more
intrusive than other interactions with local government because there has
to be a proof to show the federal government that the funds distributed to
the City were utilized in the correct manner of the grant requirements.
Lastly, she provided details of the funding allocated for the Business
Assistance Program.
Mayor Martinez asked how the business owners can be assured that their
application is being processed and who is contacting them.
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Ms. Sigdel said that the business owners should have been contacted by
the Pasco Chamber of Commerce at this point.
Mr. Maloney asked if any applications at this point have been rejected or
if they are all pending or waiting further documentation and if new
applications were being accepted.
Ms. Sigdel said none have been rejected as there is still funding available.
As long as there is funding, they will try to get the businesses to submit
the needed documentation. However, no new applications are being
accepted at this time.
Mayor Martinez summarized Ms. Sigdel's comments in Spanish for the
Spanish speakers in the audience.
Ms. Ramirez addressed Mayor Martinez again regarding the questions
she was being asked by the Pasco Chamber for her application for ARPA
funds. Mr. Cortinas translated for Ms. Ramirez.
Mr. Zabell confirmed that they would reach out to Ms. Ramirez to address
her concerns and follow up with the Pasco Chamber of Commerce.
REPORTS FROM COMMITTEES AND/OR OFFICERS
Verbal Reports from Councilmembers
Ms. Roach reported on the Redistricting Commission Subcommittee she
had attended earlier in the evening.
ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS
Ordinance -AMI Pasco Development - C-1 to R-3 (Z 2021-011)
Mayor Martinez announced that the AMI Pasco Development rezoning
request 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 questionsassociated wit potential conflicts of
interest to disclose such potential conflicts or appearance of conflicts.
With no response from the Councilmembers, he ask if any members of
the public were seeking to disqualify a member of Council form
participating in the proceedings. No one came forward.
Mr. White provided a brief overview of the rezone from C-1 (Retail
Business) to R-3 (Medium Density Residential)for 7 acres of land located
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at Argent and Road 68 and noted the Pasco Hearing Examiner
recommended approval of the rezone after the September 8, 2021
hearing.
MOTION: Mayor Pro Tem Barajas moved to adopt Ordinance No. 4553,
rezoning two parcels located near the southeast corner of Road 68 and
Argent Road in Pasco, Franklin County, Washington from C-1 to R-3, and
further, authorize publication by summary only. Mr. Serrano seconded.
The motion carried unanimously.
Ordinance -Three River Group- C-1 to R-4 (Z 2021-012)
Mayor Martinez announced that the Three River Group rezoning request
was a quasi judicial action and asked Mr. Ferguson to explain the
procedure for quasi-judicial items.
Mr. Ferguson read through the quasi-judicial requirements again and no
Council or public member responded with a disqualification of a
Councilmember participating in the discussion and final action of the
proposed rezone.
Mr. White provided a brief overview of the rezone from C-1 (Retail
Business) to R-4 (High Density Residential) for a 2 acre site located on
the east side of Road 92 north of Sandifur Parkway. The Pasco Hearing
Examiner recommended approval after the September 8, 2021 hearing.
Ms. Roach discussed her concerns with rezoning commercial property to
residential in the proposed location close to major arterials as there is a
need for commercial growth and didn't want to lose that potential tax base.
Ms. Roach understood the importance of additional higher density
housing for the projected population growth but didn't want to lose
commercial zoning in this area and was not in favor of rezoning.
Mr. Serrano followed up on Ms. Roach's concerns and discussed utilities.
MOTION: Mayor Pro Tem Barajas moved to adopt Ordinance No. 4554,
reioning a parcel located along the east side of Road 92, approximately
250 feet north of Sandifur Parkway in Franklin County, Washington, from
C-1 to R-4, and further, authorize publication by summary only. Mr.
Alvarado seconded. The motion carried 6-1 with Roach dissenting.
Ordinance-Liberty Lake Properties/Blue Dog RV-C-1 to CR(Z 2021-
013)
Mayor Martinez announced that the Liberty Lake/Blue Dog RV rezoning
request was a quasi-judicial action and asked Mr. Ferguson to explain the
procedure for quasi judicial items.
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Mr. Ferguson read through the quasi-judicial requirements again and no
Council or public member responded with a disqualification of a
Councilmember participating in the discussion and final action of the
proposed rezone.
Mr. White provided a brief overview on the rezone from C-1 (Retail
Business) to CR (Commercial Retail) which would allow for the sale of
RV's located on 13.5 acres near Chapel Hill Boulevard and Broadmoor
Boulevard. The Pasco Hearing Examiner recommended approval after
the September 8, 2021 hearing.
Mr. Maloney had questions regarding the comments from Washington
State Department of Transportation (WSDOT) for the developer in
relation to the interchange.
Mr. White explained that it was common language and would be
addressed during the permitting process.
MOTION: Mayor Pro Tem Barajas moved to adopt Ordinance No. 4555,
rezoning a parcel located near the northwest corner of Chapel Hill
Boulevard and Road 100 / Broadmoor Boulevard from C-1 to CR, and
further, authorize publication by summary only. Mr. Maloney seconded.
The motion carried unanimously.
Resolution-Professional Services Agreement with RH2 Engineering
for Design Services for the West Pasco Water Treatment Plant
Expansion Ph. 2 Project
Mr. Worley discussed the Professional Services Agreement with RH2
Engineering for Design Services for the WPWTP Expansion Ph. 2. He
explained that as Pasco continues to grow, so does the need for clean
water and outlined the projects, Phase 1 - Treatment (2nd rack of filters),
Phase 2 - Pumping Needs (Increase needed water) and Phase 3 -
Redundancy (Ensures if elements go down it keeps running).
Mayor Martinez asked for clarification between Phase 3 and Zone 3,
mentioned in another item on the agenda. Mr. Worley explained that
Phase 3 was related to this project and Zone 3 was another project with
the Transmission Main.
MOTION: Mayor Pro Tem Barajas moved to approve Resolution No.
4099, authorizing execution of the Professional Services Agreement by
the City Manager with RH2 Engineering, Inc. for the design of the West
Pasco Water Treatment Plant Phase 2 project. Mr. Milne seconded. The
motion carried unanimously.
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Resolution -Professional Services Agreement with RH2 Engineering
for Design Services for Transmission Main - West Pasco Water
Treatment Plant to Zone 3 Project
Mr. Worley discussed the Zone 3 project for the West Pasco Water
Treatment Plant Transmission Main to get water into the main system in
order to handle the growth of the City. Mr. Worley explained the process
needed in order to prevent delays and keep the City on schedule for the
increased need and growth.
MOTION: Mayor Pro Tem Barajas moved to approve Resolution No.
4100, authorizing execution of the Professional Services Agreement by
the City Manager with RH2 Engineering, Inc. for the design of the
Transmission Main - West Pasco Water Treatment Plant to Zone 3
project. Mr. Maloney seconded. The motion carried unanimously.
NEW BUSINESS
Legislative and Congressional Redistricting Draft Plan Update
Mr. Zabell explained that the Federal Census occurs every ten years and
after the Washington State Redistricting Commission (Commission)
convenes to review and redraw Legislative & Congressional Districts
within the State. Pasco is currently in the 9th and 16th Legislative
Districts. He noted that a Council Subcommittee consisting of Mayor Pro
Tem Barajas and Councilmember's Maloney and Roach have met with
City and Gordon Thomas Honeywell staff to review the maps and to
prepare a draft letter to the Redistricting Commission. Mr. Zabell
introduced Briahna Murray, Gordon Thomas Honeywell (GTH) Vice
President, who discussed the status of Washington State Redistricting
efforts.
Ms. Murray provided a a presentation on the redistricting maps and
explained the various options in the redistricting maps. She noted the
letter drafted for consideration is directed to the Redistricting Commission
and implicates a preference for the House maps that have Pasco in the
same District as Kennewick, noting that would mean Pasco would only
have three legislators rather than finro - six legislators as Pasco currently
has. These maps were the starting point for negotiations and by
November 15th a single map will be ready for approval. There was still an
opportunity for public comment.
Mr. Maloney addressed the portion of the letter regarding legal challenges
the City has faced in the past and what Franklin County is currently
dealing with and that it is important to heal some of the historical divides
with the Latino community.
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Mr. Serrano stated that he sent in his own comment noting preference of
the two Legislative Districts approach rather than dropping down to the
16th Legislative District.
Mayor Martinez liked the idea of one district for entire Pasco but he noted
pros and cons to both options and agreed with both Mr. Maloney and Mr.
Serrano's comments.
Ms. Murray addressed the pros and cons and noted there would be
success in both arrangements.
Mr. Zabell stated that a motion regarding the letter drafted to the
Redistricting Commission would be appropriate.
MOTION: Mayor Pro Tem Barajas moved to approve the letter as
presented. Mr. Maloney seconded. Motion carried 6-1, with Mr. Serrano
dissenting.
EXECUTIVE SESSION
Council adjourned into Executive Session at 8:19 PM for 15 rninutes to
discuss current or potential litigation per RCW 42.30.110(1)(i) with the
City Manager, Deputy City Manager and the City Attorney.
Mayor Martinez called the meeting back to order at 8:35 PM.
NEW BUSINESS
Request for Consideration of C-2 Zoning Amendment
Mr. Zabell made introductory comments about the C-2 (Central Business
District) zone in the downtown core. The restrictions in the C-2 Zoning
District were established decades ago and there has been a growing
interest from the business owners and City Council to coordinate and
revise "minor" zoning issues in the C-2 zone. Mr. Zabell referenced the
attachments included in the agenda report, including: C-2 Zoning
Restrictions, petition from Mr. Granbois, marked up version of the
proposal by Councilmember Maloney and petition from downtown
business owners. He stated there may be a difference in opinion on what
"minor" revisions mean. If Council determines it prudent to entertain the
requests to enact minor changes, there is a process, outlined by a memo
from Mr. White, also attached to the agenda report. Mr. Zabell also
addressed possible impacts the minor revisions could have.
Mr. Ferguson explained options to amend the text of the zoning code:
• City Council upon its own motion may conduct an open record
hearing to amend the text.
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• City Council could send it to the Hearing Examiner or Planning
Commission could initiate an open record hearing and develop a
recommendation.
• A resident or property owner inside the Pasco urban area may
request a petition amendment, though City Council is not obligated
to follow through with the petition amendment.
Mr. Ferguson added that the subsequent steps depend on which option
is utilized, and briefly discussed the notice requirements should the open
record hearing option be used and petition requirements should a
member of the public petition the zone changes.
Mr. White detailed the considerations for public notice:
• It requires a 14 day notice period
• The notice would need to be sent to the property owners within the
C-2 zoning district, which is a fairly large mail out
• Once the list is assembled, it would be mailed out and
documented, then the 14 day period would be from that date
Mr. Maloney was in favor of Council and staff making updates to the C-2
zoning and discussed some of his comments submitted as a reference to
the agenda report. He stated that he intended to make a motion to direct
staff to move forward and move forward quickly. Mr. Maloney wanted to
move many items from the prohibited the uses to allowed uses, which are
found in a typical downtown and to align the zoning to the waterfront
district and didn't believe the proposed revisions would cause any issues
with the Comprehensive Master Plan.
Mayor Martinez expressed appreciation to the work of Mr. Maloney. He
suggested defining what are "minor" revisions and also the requirement
of open business hours.
Mr. Alvarado commended Mr. Maloney for initiating the C-2 zone
amendment and he wanted to narrow down the specifics.
Mr. Serrano shared appreciation for the other Councilmembers and staff.
He discussed a possible temporary change that would "sunset" upon an
adoption of a more permanent zoning change and wanted business
owners to be aware of that risk.
Mr. Maloney requested clarification of the implications of a temporary
zoning change.
Mr. Ferguson said that it would be a good topic of discussion should
Council move forward and hold a public record hearing. He addressed
risks to be aware of and noted significant State and Federal Constitutional
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requirements. Staff will make sure everyone has all of the facts at the
time of an open record hearing.
Mr. Maloney expected the changes to last if he were a business owner.
He didn't feel any of the "minor" items he marked up wouldn't be a part of
the adopted upcoming Comprehensive Master Plan.
Mr. Serrano reiterated that he wanted business owners to be aware and
to proceed with some risk. Modifying the zoning ordinance may not go
with the Comprehensive Master Plan.
Mr. Alvarado added that Council would need to be methodical with what
minor changes they revise to be can to be lasting with the Comprehensive
Master Plan.
Mayor Martinez opened the discussion up for public comment.
David Cortinas, Pasco resident and business owner, spoke in support of
the proposed zoning amendments. He stressed the importance of making
change quickly and that the zoning cannot be temporary.
Thomas Granbois, Pasco resident and business owner, supported a zone
change in downtown Pasco. He explained some challenges and goals he
and his wife have run into after purchasing a building downtown. He
expressed appreciation to Councilmember Maloney for his efforts in
helping the Pasco downtown area.
Carl Holder, downtown Pasco business owner, spoke in support of
amending the C-2 zoning downtown.
Jose Iniguez, DPDA Board Member, spoke in support of amending the C-
2 zoning downtown.
Leo Morales, downtown business owner, spoke in support of amending
the C-2 zoning downtown and added that the current zoning code as been
on the books for too long.
Steve Bauman, Pasco resident, spoke in support of amending the C-2
zoning downtown and commented on the obstacles downtown business
owners have had with the City.
James Saxton, Pasco business owner, spoke in support of amending the
C-2 zoning district downtown. He stated they are the same codes as in �
the Osprey Pointe area and also suggested outreach and education to
business owners and zoning.
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MOTION: Maloney moved to commence Council make a text amendment
of the zoning exponentially. Mayor Pro Tem Barajas seconded. Motion
passed unanimously.
Mr. Zabell summed up the timeline and process moving forward,
estimating three weeks for the open record hearing.
Mr. Maloney asked if the proposed amendments to the Pasco Municipal
Code would be in effect after the open record hearing.
Mr. Ferguson replied that nothing would stop Council moving forward at
the time of the open record hearing and if passed at the open record
hearing, the amendments would go into effectwithin 5 business days after
the passage and publication of the ordinance.
Mr. Zabell advised that in opening up discussion with all of C-2 business
owners at the open public hearing, Council may hear some differing
opinions and wanted Council to be prepared for such feedback.
Mr. Cortinas, Pasco resident and business owner, added that the Latin
Business Association (LBA) Board endorsed Mr. Granbois' proposal. The
business owners appreciated the motion made by Council.
Leo Perales, Pasco resident, spoke in support of the amendment of the
C-2 zoning in the downtown.
MISCELLANEOUS DISCUSSION
Mr. Zabell announced the Lewis Street Corridor Open House on October
6th at 7:00 PM in the Council Chambers, the Palomino Park Arbor Day
Tree Planting on Saturday, October 9th at 9:00 AM and discussed the
delay in an open house for the new fire station due to supply issue with
furniture.
ADJOURNMENT
There being no further business, the meeting was adjourned at 9:30 PM.
PASSED and APPROVED this g�day of �,r'r�Tb�j=�_, 202.{.
APPROVED: ATTEST:
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Saul Martinez, ayor Krystle Shanks, Deputy City Clerk
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