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HomeMy WebLinkAbout2022.02.07 Council MinutesMINUTES City Council Regular Fleeting 7:00 PM - Monday, February 7, 2022 City Council Chambers & GoToWebinar CALL TO ORDER Cityo Irssco Washington The meeting was called to order at 7:00 PM by Blanche Barajas, Mayor. ROLL CALL Councilmembers present: Blanche Barajas, Craig Maloney, Joseph Campos, Pete Serrano, Nikki Torres, David Milne, and Zahra Roach Councilmembers absent: None Staff present: Dave Zabell, City Manager; Adam Lincoln, Deputy City Manager; Colleen Chapin, Human Resources Director; Eric Ferguson, City Attorney; Jeff Briggs, Assistant City Attorney; Bob Gear, Fire Chief; Zach Ratkai, Administrative & Community Services Director; Ken Roske, Police Chief; Richa Sigdel, Finance Director; 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 To approve the minutes of the Pasco City Council meetings and workshops held on January 10, January 18 and January 24, 2022. Bills and Communications To approve claims in the total amount of $8,861,762.90 ($5,245,436.21 in Check Nos. 246234-246636; $1,813,527.94 in Electronic Transfer Nos. 834231-834263, 834266-834285, 834295-834319, 834321-834384, 834387-834411, 834413- 834497, 834524-834530, 834540-834542, 834544-834551; $25,193.01 in Check Nos. 53821-53838; $1,777,507.70 in Electronic Transfer Nos. 30170483- 30171519; $98.04 in Electronic Transfer Nos. 863-865). Page 1 of 9 Resolution - Interlocal Agreement for Columbia River Bacteria Management Plan To approve Resolution No. 4146, authorizing the City Manager to execute the Interlocal Agreement with the Cities of Kennewick, Richland, and West Richland for the development of a Regional Algal Bloom Management and Response Plan. Resolution - Bid Award for West Pasco Water Treatment Plant Improvements (Phase 1) To approve Resolution No. 4147, awarding Bid No. 16008 for the West Pasco Water Treatment Plant Improvements Phase 1 project to Apollo, Inc. of Pasco, Washington, and further, authorize the City Manager to execute the Contract documents and allowing all necessary budget adjustments. MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Campos to approve the Consent Agenda as read. RESULT: Motion carried unanimously 7-0 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Campos, Councilmember Serrano, Councilmember Torres, Councilmember Milne, and Councilmember Roach REPORTS FROM COMMITTEES AND/OR OFFICERS Verbal Reports from Councilmembers Ms. Torres commented on the Downtown Pasco Development Authority (DPDA) Board Meeting she recently attended. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO Public Hearing & Ordinance for SG Land Management LLC/Harris Road Annexation (ANX 2020-001) Mr. White provided a brief report on the proposed annexation. Mr. Ferguson stated that the public hearing is only related to the proposed annexation and not the proposed zoning determination that will be the topic of discussion under then next item on the agenda; that proposed zoning determination is considered a quasi-judicial matter. He announced that those who wish to speak must only make comments regarding the proposed annexation. He further explained that the proposed zoning determination is a closed record and new testimony is prohibited. Page 2 of 9 Mayor Barajas declared the Public Hearing open to consider the proposed SG Land Management LLC/Harris Road Annexation at 7:13 PM. Mr. Steven Bauman, Franklin County resident, commented on the length of time this annexation took to process and asked for a detailed report on that timeline. Mr. Michael Martin, Pasco resident, asked from his perspective why property is zoned before the property is annexed. He expressed opposition to the annexation as he didn't have an opportunity to voice his opinions on the zoning of the property. Mr. Ferguson explained the annexation and zoning determination process to Mr. Martin as prescribed by Washington State law. The following speakers also expressed opposition to the annexation as they did not have an opportunity to provide testimony regarding the zoning of the property. Mr. Christopher Derrick, Pasco resident Ms. Candie Foss, Pasco resident Mr. Ramon Chavarria, Pasco resident Mr. Norman Derrick, Pasco resident Mr. Justin Henning, Pasco resident Following three calls for comments, and there being none, Mayor Barajas declared the Public Hearing closed at 7:29 PM. Mr. Milne asked about the development of the property if it was not annexed into the City. Mr. White explained the provision for utilities is key to the property's development and the requirements for obtaining City water and sewer services. Mayor Pro Tem Maloney expressed his concerns that the notices be sent to all that are affected by annexations and not just meet the state law notice requirements. He requested this topic be discussed further in a future workshop. Then he explained why he is in favor of the annexation. Mr. Serrano agreed that notification to affected residents by annexations should be expanded and suggested that this be a topic of discussion at the upcoming Council Retreat. Ms. Torres suggested that a larger sign be posted on properties when going through an annexation process. Mr. Milne expressed frustration on what and when he can speak with the residents and when he cannot due to the constraints of quasi-judicial items. Mr. Ferguson stated that training may be helpful for Council regarding where the legislative line stops and the quasi-judicial line starts. Page 3 of 9 MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Serrano to adopt Ordinance No. 4576, relating to annexation and annexing certain real property to the City of Pasco, and further, authorize publication by summary only. RESULT: Motion carried 5-2 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Campos, Councilmember Serrano, and Councilmember Roach NAYS: Councilmember Torres and Councilmember Milne ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS Q Ordinance - SG Land Management LLC/Harris Road Zoning Determination (ZD 2020-002) Mr. White explained the proposed zoning designation determined by the City's Hearing Examiner. Mayor Barajas announced that the zoning determination for the annexed property from SG Land Management LLC, 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. Torres explained she had a conversation with a resident located near the property pending the zoning determination and she would be recusing herself from the vote. Mr. Milne explained the individuals he discussed this topic with but still felt he could vote impartially. Ms. Barajas explained she had conversations with residents that reside near the property pending the zoning determination but still felt she could vote impartially. Next, 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. Mayor Pro Tem Maloney asked about the closed record process and Mr. Ferguson reiterated the quasi-judicial process. Council and staff discussion ensued regarding the proposed zoning determination and how this particular zoning was determined. It went through the Hearing Examiner who confirmed that the proposed zoning met the City's Comprehensive Page 4 of 9 Plan and utilities plans, that guide the water and sewer services, as well as meeting the requirements of the old Urban Growth Boundary previously approved by Council. MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Roach to adopt Ordinance No. 4577, assigning R-3 zoning to the SG Land Management LLC/Harris Road annexation area as recommended by the Hearing Examiner, and further, authorize publication by summary only. RESULT: Motion carried by Roll Call vote 4-2 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Campos, and Councilmember Roach NAYS: Councilmember Serrano and Councilmember Milne ABSTAIN: Councilmember Torres Q Ordinance - The Dunes RT to R-3 Rezone (Z 2021-015) Mr. White provided a brief report on the City's Hearing Examiner's rezoning determination. Mayor Barajas announced that the proposed rezone from RT to R-3 for the The Dunes 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. 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 some clarifying questions, which Mr. White was able to answer. MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Campos to adopt Ordinance No. 4578, rezoning a parcel located along the south side of Burns Road, approximately three-quarters of a mile west of Broadmoor Boulevard from RT to R-3, and further, authorize publication by summary only. RESULT: Motion carried by Roll Call vote 5-2 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Campos, Councilmember Torres, and Councilmember Roach NAYS: Councilmember Serrano and Councilmember Milne Resolution - Supplemental Agreement No. 1 - Court Street & Road 68 Intersection Improvements Project Page 5 of 9 Capital Improvement Program Manager Maria Serra briefly described the purpose of the proposed supplemental agreement for the Court Street and Road 68 Intersection Improvements project. She noted a correction in the staff report. MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Campos to approve Resolution No. 4148, authorizing execution of Supplemental Agreement No. 1 to Professional Services Agreement by the City Manager with PBS Engineering & Environmental, Inc. for the Court Street & Road 68 Intersection Improvements Project. RESULT: Motion carried unanimously 7-0 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Campos, Councilmember Serrano, Councilmember Torres, Councilmember Milne, and Councilmember Roach Resolution - Bid Award - North Industrial Way Stormwater Retrofit & Overlay Capital Improvement Program Manager Maria Serra provided a brief report on the bid award process for the North Industrial Way Stormwater Retrofit & Overlay project. MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Milne to approve Resolution No. 4149, awarding Bid No. 20101 for the North Industrial Way Stormwater Retrofit & Overlay project to Double J Excavating, Inc. of Pasco, WA in the amount of $503,000.00 and further authorize the City Manager to execute the contract documents and allowing all necessary budget adjustments. RESULT: Motion carried unanimously 7-0 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Campos, Councilmember Serrano, Councilmember Torres, Councilmember Milne, and Councilmember Roach UNFINISHED BUSINESS Banning Local Income Tax Mr. Zabell introduced a draft resolution and draft ordinance related to Council's stance on local income tax. Mr. Serrano expressed appreciation to staff for preparing the draft ordinance and supports the amendment within the Pasco Municipal Code. Council discussed the resolution and ordinance, and they explained which action they would support. Page 6 of 9 MOTION: Councilmember Serrano moved, seconded by Councilmember Milne to approve Resolution No. 4150, expressing Council's oppositions to a local income tax on the residents and businesses of the City of Pasco. RESULT: Motion carried 4-3 AYES: Councilmember Campos, Councilmember Serrano, Councilmember Torres, and Councilmember Milne NAYS: Mayor Barajas, Mayor Pro Tem Maloney, and Councilmember Roach NEW BUSINESS Q Velicanin RS -20 to either RS -12 or RS -1 Rezone (Z 2021-016) Mr. White provided a brief summary of the City's Hearing Examiner's findings and recommendation to deny the Velicanin's property rezone request. Mr. Ferguson stated this was a Quasi -Judicial matter and 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 Campos to concur with Hearing Examiner findings and recommendation and deny a request to rezone a parcel located at 8812 West Court Street in Pasco, WA from RS -20 to either RS -12 or RS -1. RESULT: Motion carried unanimously 7-0 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Campos, Councilmember Serrano, Councilmember Torres, Councilmember Milne, and Councilmember Roach Q Duarte RS -12 to R-1 Rezone (Z 2021-017) Mr. White provided a brief summary of the City's Hearing Examiner's findings and recommendation to deny the Duarte's property rezone request. He noted that an appeal to the denial was received and this item will come back to Council in March 2022. 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, Page 7 of 9 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 set March 7, 2022 as the date for a closed record appeal hearing for the Hearing Examiner recommendation of denial of a rezone request on the northeast corner of North 28th Avenue and West Ella Street. RESULT: Motion carried unanimously 7-0 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Campos, Councilmember Serrano, Councilmember Torres, Councilmember Milne, and Councilmember Roach MISCELLANEOUS DISCUSSION Mr. Zabell reported on the recent face mask distribution event held at City Hall and announced the next distribution event is scheduled for February 12, 2022 and will be located at Columbia Basin College. He commented on the upcoming Council Retreat scheduled for the end of March 2022 and announced three open house events (two in- person and one virtual) are scheduled for February 24, March 3 and March 10, 2022. Lastly, he asked Police Chief Roske provide an update on the tragedy shooting that occurred in Richland, WA earlier in the day at the Fred Meyers store. Chief Roske provide a brief report on the incident and noted that this type of event is very taxing on the police resources throughout the region. He expressed appreciation to the Pasco Police and Fire staff were on-site helping Richland Police Department manage the aftermath of the fatal shooting and search for the person responsible. Mayor Pro Tem Maloney asked for a discussion or forum regarding affordable housing prior to the Council Retreat. Mr. Zabell stated he would meet with staff to determine if there was enough time before the retreat to gather the resources together and it would likely be a virtual forum. EXECUTIVE SESSION Mayor Barajas called for a 5 minute recess at 8:35 PM. Council adjourned into Executive Session at 8:40 PM for 20 minutes to discuss with legal counsel about current or potential litigation per RCW 42.30.110(1)(i) with the City Manager, Deputy City Manager, and the City Attorney. At 9:00 PM Mayor Barajas announced that the Executive Session would continue for another five minutes. Mayor Barajas called the meeting back to order at 9:05 PM. Page 8 of 9 ADJOURNMENT There being no further business, the meeting was adjourned at 9:05 PM. PASSED and APPROVED this APPROVED: -day of , 20_ ATTEST: Debra Bar am, City Clerk Page 9 of 9