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HomeMy WebLinkAbout2022.03.21 Council MinutesMINUTES City Council Regular Meeting 7:00 PM - Monday, March 21, 2022 City Council Chambers & GoToWebinar CALL TO ORDER Cityof co 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; 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 Regular Meeting and Regular Workshop held on March 7, 2022 and March 14, 2022. Ordinance Amending Pasco Municipal Code - Title 3 Related to Miscellaneous Late Fees To adopt Ordinance No. 4583, amending Pasco Municipal Code, chapter 3.70 the "Miscellaneous Billing Management," and section 3.35.100 "Miscellaneous", related to late fees, and further, authorize publication by summary only. Page 1 of 6 Resolution - Bid Award Riverview East Sewer Lift Station To approve Resolution No. 4163, awarding Bid No. 19053 for the Riverview East Sewer Lift Station (aka Road 52 & Pearl Street Lift Station) project to Big D's construction of Tri -Cities, Inc. of Pasco, Washington, and further authorize the City Manager to execute the contract documents and allowing all necessary budget adjustments. Resolution - Emergency Agreement for Animal Control Services To approve Resolution No. 4164, approving the Emergency Services Agreement with Benton Franklin Humane Society for Animal Control and Sheltering Services, and further authorize the City Manager to execute the agreement. Tourism Promotion Area Reserve Fund Request To approve the 2022 Special Project Expenditures for the Tourism Promotion Area in the amount of $428,800 to be funded from the TPA Reserve Balance. MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Milne to approve the Consent Agenda as read. RESULT: Motion carried unanimously 7-0 AYES: Mayor Pro Tem Maloney, Councilmember Milne, Mayor Barajas, Councilmember Campos, Councilmember Serrano, Councilmember Torres, and Councilmember Roach VISITORS - OTHER THAN AGENDA ITEMS Mr. Justin Carey, Pasco resident, commented on Planned Parenthood and asked why it is still open and he asked Council to close this business. REPORTS FROM COMMITTEES AND/OR OFFICERS Verbal Reports from Councilmembers Mayor Pro Tem Maloney commented on a panel he participated on with Senator Patty Murray who secured millions in federal funding for Community Projects in Central Washington; he attended a ribbon cutting event for an Edison Valerio's Insurance office; and he attended the groundbreaking event for Franklin County Historical Society's Museum. Mr. Milne commented on a recent meeting he attended with 20 downtown business owners to discuss the homeless issue. Mr. Serrano commented on the City of Pasco's Employee Awards Banquet held on Friday, March 18th and thanked staff for their work. Page 2of6 Ms. Torres commented on the Downtown Pasco Development Authority (DPDA) meeting planning for the upcoming Cinco De Mayo event and she also commented on the City's Employee Awards Banquet. Mayor Barajas commented on the recent Franklin County Historical Society's Museum groundbreaking event and thanked all City staff for their dedication, passion, and service to Pasco. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO Q Appeal of Garcia Latecomer for Watermain Installation Mr. White explained that this is the first time an appeal of this nature has come before Council. Next, he introduced City Attorney Eric Ferguson who stated that this was a quasi-judicial matter. 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. Ferguson introduced City Engineer Dan Ford, who provided a brief report on the Latecomer Agreement and stated that the owner of Parcel No. 119051128 was appealing the preliminary assessment reimbursement area and the assessment amount for the watermain installation Latecomer agreement. Mr. Ferguson cited the Pasco Municipal Code related to the preliminary assessment reimbursement areas and assessments for a watermain installation through a Latecomer agreement. Ms. Trinity Orosco, attorney representing the property owner (Hollingsworth), explained their concern about the percentage of assessment for that property. Mr. Ferguson asked if there were any other individual who wished to provide testimony; no one came forward. Council and staff discussed how the percentage of assessment for a watermain installation was determined and next steps in this appeal process. Mr. Campos made a motion, "for staff to prepare with findings and conclusions of the facts as presented at tonight's meeting and to present to City Council these findings at a later reasonable date. "After further discussion, between Council, the appellant and staff, Mr. Campos withdrew his motion. Page 3 of 6 Mr. Zabell stated that there were four methods to determine an assessment the installation of a watermain and 1) square footage or 2) frontage (lineal) footage assessment methods were the two best assessment methods of four methods for this situation. Council and staff discussion regarding the two assessment methods continued. MOTION: Councilmember Campos moved, seconded by Mayor Pro Tem Maloney to continue the appeal hearing, in order to receive additional information, to next regular meeting scheduled for April 4, 2022. RESULT: Motion carried unanimously 7-0 AYES: Mayor Pro Tem Maloney, Councilmember Campos, Mayor Barajas, Councilmember Serrano, Councilmember Torres, Councilmember Milne, and Councilmember Roach ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS Ordinance - Olberding & Farm 2005 LLC (ANX 2021-003) Mr. White explained that the proposed ordinance will provide the correct legal description of the property annexed into the City of Pasco through the Olberding & Farm 2005 annexation approved by Council on January 24, 2022. MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Torres to approve Ordinance No. 4574A, which repeals and amends Ordinance No. 4574, annexing certain real property to the City of Pasco, and further, authorize publication by summary only. RESULT: Motion carried unanimously 7-0 AYES: Mayor Pro Tem Maloney, Councilmember Torres, Mayor Barajas, Councilmember Campos, Councilmember Serrano, Councilmember Milne, and Councilmember Roach Q Ordinance - Olberding & Farm 2005 LLC (ZD 2021-003) Mr. White provided a brief overview of the zoning determination for the recently annexed property by Olberding & Farm 2005. Mr. Ferguson announced that the zoning determination was a quasi-judicial action and he 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 recused herself from voting on this item. Page 4of6 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. 4584, assigning zoning to the Olberding & Farm 2005 annexation area as recommended by the Hearing Examiner, and further, authorize publication by summary only. RESULT: Motion carried unanimously 6-0 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Campos, Councilmember Serrano, Councilmember Milne, and Councilmember Roach ABSTAIN: Councilmember Torres Q Ordinance - Affinity and Hydro at Broadmoor Apartments Planned Unit Development Rezone (PUD 2021-001) Mr. White provided a brief report on the proposed rezone for the Affinity and Hydro at Broadmoor Apartments. Mayor Barajas announced that the proposed rezone 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 expressed concern about the impact to Fire and Emergency services by approving this PUD. Mr. White explained that Fire Chief Gear's comments from a few weeks ago included all of the proposed development within that area and this property represented only a portion of Chief Gear's statistics. Mayor Pro Tem Maloney asked about notifications sent out to surrounding property owners. MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Torres to adopt Ordinance No. 4585, rezoning Lot 3 of the Broadmoor Parcel Segregation from R -T to R-4/PUD, and further, authorize publication by summary only. RESULT: Motion carried 5-2 Page 5 of 6 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Campos, Councilmember Torres, and Councilmember Roach NAYS: Councilmember Serrano and Councilmember Milne NEW BUSINESS 2021 Community Survey Highlights Ms. Pashon provided a brief report on the results of the 2021 Community Survey. Council and staff continued to discuss the safety statistics, as well as items to be discussed during their upcoming biennial retreat. MISCELLANEOUS DISCUSSION Mr. Zabell on behalf of staff he thanked Council for supporting the Employee Awards Banquet. He announced that a third payment kiosk for utility payments was activated and is located in the front of City Hall. He also announced an upcoming roundtable conversation regarding the lower Snake River Dams would be held on Tuesday, March 22nd, as well as Lewis Street Improvement Plan discussion was scheduled for the evening of March 22nd. EXECUTIVE SESSION Council adjourned into Executive Session at 8:28 PM for 15 minutes to discuss consideration of site selection or acquisition of real estate purchase or lease if likelihood that disclosure would increase price per RCW 42.30.110(1)(b) with the City Manager, Deputy City Manager and the City Attorney. Mayor Barajas called the meeting back to order at 8:42 PM. ADJOURNMENT There being no further business, the meeting was adjourned at 8:42 PM. PASSED and APPROVED this / I V day of ( I I t , 202 - APPROVED: ATTEST: Debra Barham, City Clerk Page 6 of 6