City of West Richland

CITY OF WEST RICHLAND

COUNCIL MEETING

Monday, June 19, 2006

1. Call to Order – Mayor Dale Jacksoncalled the meeting to order at 7:00 p.m.

2.Roll Call – Mayor Dale Jackson and Mayor Pro Tem Nancy Aldrichwerepresent.Council Members Matthew Bleich, Gail Brown, Rich Buel, Merle Johnson and Julie Jones were also present. Staff members present were Police Chief Layne Erdman, City Administrator Mark Panther, Assistant Finance Director Joe Potts, Public Works Director Roscoe Slade, Community Development Director Pete Squires, CityAttorney Terry Tanner and City Clerk Julie Richardson.

Upon a motion by Councilmember Buel, seconded by Councilmember Brown, Council unanimously excused Councilmember Kenneth Dobbin from the meeting.

3.Pledge of Allegiance –Councilmember Buelled the Council, Staff, and audience in the recitation of the Pledge of Allegiance.

4.Approval of Agenda –Mayor Jackson advised Council that items 9a, 9b, 9c and 9d would be removed from the agenda. Upon a motion by Councilmember Jones, seconded by Councilmember Brown, Council unanimously approved the agenda as revised.

5.Announcements, Reports & Comments–a. Council provided brief reports on recent events and meetings they attended:

Councilmember Jonesreported that she attended TRIDEC sponsored “Partnerships in Prosperity,” along with Mayor Jackson. The purpose of the program is to build partnerships between the east and west sides of WashingtonState forstate-wide economic development.

Councilmember Jones commended Community Development Director Squires for his excellent and effective presentation at the Comprehensive Economic Development Strategy (CEDS) Committee meeting on June 13.

Councilmember Jones announced that the Greater Richland Little League is sponsoring the District Tournament which will be held at Bombing Range Sports Complex from July 1 through July 18.

Mayor Pro Tem Aldrichstated that the Sierra Club American Rivers have filed intent to sue the EPA for their oversight of the Department of Ecology in MPDS, Phase 2. This could result in more restrictions on storm water in the future. She said the Sierra Club, along with other environmental groups, have filed intent to sue the State to strike down the municipal water law, centered on the water rights the City of Spokane has with the SpokaneRiver. This could affect the City of West Richland and recalibration of the City’s water rights.

Mayor Pro Tem Aldrich requested that Public Works Director Slade contact Darryl Olsen concerning the water right application that was part of the QuadCity court case and begin construction on the water application.

Councilmember Buel reported on the Economic Development Board (EDB) Meeting and said there wasn’t a quorum at their last meeting so they have requested the second meeting of the month to be held on Tuesday, June 27. He also advised there will be an Economic Development sub-committee (consisting of West Richland Chamber members, EDB and Staff) meeting next week.

Councilmember Johnson reported on the Planning Commission meeting and said a cell tower will be erected on Flat Top Hill. The cell tower will be 80 feet tall and will have a red light illuminating from dusk until dawn.

Councilmember Johnson announced that the Red Mountain Lions Club of West Richland will have a beautification project on Van Giesen Street on Tuesday, June 20 in preparation for Hogs and Dogs. He said the club is interested in participating in the proposed Adopt a Park Program.

Councilmember Johnson discussed a letter to the editor regarding a City name change. The letter also mentioned that Richland is pursuing the land west of Dallas Road for placement in their UGA and feels that land should be part of West Richland. Councilmember Johnson agreed and urged citizens to contact their County officials.

Councilmember Johnson reported on his attendance at the Third Annual Methamphetamine Summit, “Face of Meth,” and voiced concern of the growing methamphetamine problem.

Mayor Jackson reported his attendance at “Partnerships in Prosperity,” which consists of economic development officials from eastern and western Washington working together to promote economic development in WashingtonState.

Mayor Jackson discussed a meeting of some of the attendees of the International Association of Shopping Center conference in Las Vegas. He said the group sorted through the contacts made at the conference and placed them into two categories: a) Most exciting prospects which will be submitted to Community Development staff for follow-up; b) All other contacts which will be submitted to the Economic Development Board for follow-up. Mayor Jackson said there were 40-50 cities who were exhibitors at the conference. Officials from these cities recommended that West Richland return next year as an exhibitor.

6.Citizen’s Public Comment –Mayor Jackson opened the meeting to Public Comments on items not on the agenda at 7:18 p.m. There were no citizens wishing to comment.

7.Presentations – a. Richard Nordgren, Criminal Justice Citizens Advisory Committee, presented a report on the committee and their focus. The committee was formed one year ago at the initiative of elected and appointed officials in the criminal justice system due to problems with the system, especially the courts. The function of the committee was to compile information and present findings and recommendations to CountyCommissioners. Some recommendations were approved, some were deferred and some denied. One recommendation that was denied was a proposal to place a 3/10 of 1% tax, to be used exclusively for criminal justice purposes, on the ballot. The advisory groupagreed to continue functioning as a committee and continueworking on a criminal justice tax proposal due to concerns and needs of the criminal justice system. When their proposal is finalized, Mr. Nordgren will return with a final report and recommendation to Council.

8.Consent Agenda –Upon a motion byCouncilmember Jones, seconded by Councilmember Buel, Council unanimously approved the Consent Agenda as presented.

a.Motion to Approve Payment of Bills

b.Motion to Approve Minutes of Council Meeting of June 5, 2006

c.RES – Declaring Surplus Property

RESOLUTION 29-06 –A RESOLUTION OF THE CITY OF WEST RICHLAND, WASHINGTONRELATING TO SURPLUS PROPERTY

d.Motion to Approve Contract with Government Purchasing Alliance for Office Furniture

9. Ordinances, Resolutions, Motions & Public Hearings

Items 9a, 9b, 9c and 9d were removed from the agenda.

e.Motion to Consider Deviation from West Richland Municipal Code (WRMC) Title 16 – Proposed Short Plat of Lot 249, Section 8 - Public Works Director Sladepresented a staff recommendation that Councildeny a request for deviation from the conditions of WRMC Section 16.16.100, 16.16.130, and 16.16.280. Public Works Director Sladestated that the property owner of Lot 249, Section 8 has submitted an application to short plat the 2.5 acre parcel into two approximately 1.25 acres parcels.Council previously passed a motion granting a deviation to the developer waiving the requirement to improve S. 38th Avenue along the frontage of the proposed short plat, conditioned on the landowner providing the City with a Waiver of Right to Protest Local Improvement District (LID) for the improvements listed in 16.08.050(B). Council also previously passed a motion granting a deviation to the developer waiving the requirement to install a dry irrigation system.

The property owner now has requested a deviation from the following provisions and/or requirements of WRMC Title 16 .16.100 and 16.16.130 as follows: dedicate only 30’ of road right-of-way for South 38th Avenue and Northlake Drive; dedicate only 3’ for utility easements; and not be required to install a storz adaptor. Public Works Director Slade said if Council grants the deviation request, the City risks having to purchase additional road right-of-way and utility easements from the owners of the property in the future when South 38th Avenue is improved. South 38th improvements are planned for in the City Transportation Plan.

City Attorney Tanner advised Council that their role is quasi-judicial in land use matters/decisions. If Council Members are contacted by a proponent or opponent of a land use decision or deviation, they cannot discuss the issue and must disclose the contacts.

Councilmember Aldrich disclosed that she was contacted by Anita Houck, who is one of the property owners requesting deviation. She said she could not answer Ms. Houck’s questions so she referred her to Public Works Director Slade.

Prent Houck, 7701 W. 4th Avenue, Kennewick, WA, stated he is one of the property owners requesting deviation. He feels the City has sufficient property and utility easements and he should not be required to give an extra 12 feet of property to the City without compensation. He said the requirements being imposed on him are inconsistent and substantially greater than those required of adjacent short platted properties. Mr. Houck also feels that he should not be required to install storz fittings on fire hydrants because other property owners similarly situated in the area were not required to install them. His opinion is that the existing fire hydrants meet the requirements of WRMC 16.16.280. He further stated that WRMC 16.08.085(b) states he would be required to develop access streets to City standards and codes and the City is saying the access street is 38thAvenue, which is also shown as a future major arterial. He feels that since the property is being subdivided north and south, the access street is Northlake. He does not believe that 38th Avenue will be developed in the next twenty years. Mr. Houck said the only way the City can take the property is to buy it through the Eminent Domain law, per RCW 8.12.05, the Fifth Amendment and the US Constitution.

Council discussion ensued and inquiries weremade to Public Works Director Slade and City Attorney Tanner.

Public Works Director Slade said three conditions are required by City standards for deviations and none pertain to what neighboring properties gave to the City ten years ago.

Public Works Director Slade said the City has been working with the fire department on installing storz adaptors on fire hydrants throughout the City and storz adaptors are current standard. He stated that if the fire hydrant wasn’t already installed, the property owner would be required to install the hydrant along with a storz adaptor. He is benefiting from previous installation of the hydrant.

City Attorney Tanner said if the property owner subdivides his property, he has to follow the subdivision laws adopted by the City Council. The property owner can keep his property as it is now instead of subdividing the property and he would not have to comply with these requirements, but if he subdivides, he has to comply with the laws and requirements.

Upon motion by Councilmember Brown, seconded by Councilmember Jones, Council unanimously denied the request for deviation from WRMC Title 16 for the proposed short plat of Lot 249, Section 8.

f.Motion to consider Deviation from West Richland Municipal Code (WRMC) Title 16 – Proposed Short Plat of Lots 19 & 20, Section 6 - Public Works Director Sladepresented a recommendation to approve the deviation request from conditions of WRMC Section 16.08.050(B) conditioned on: 1)the landowner providing the City with a Waiver of Right to Protest Local Improvement District (LID) for the improvements listed in 16.08.050(B); 2) Developer constructs 660’ of S. 58th Ave; and 3) the developer install a street light at the intersection of S. 58th Ave and Collins Road. The owner shall agree to sign a petition for formation of an LID for the deviated improvements at the time one is circulated, and to waive his/her right to protest formation of any such LID.

Public Works Director Slade stated that the property owner is requesting a deviation to only install 660’ of S. 58th Avenue from Collins Road across his frontage, but not construct the 330’ of roadway across lot 19’s northern frontage (lot 19 is a corner lot). The developer is also requesting a deviation to not be required to install any street lights and a deviation to not be required to install a dry irrigation system. Public Works Director Slade said the landowner would be required to install a street light at the intersection of South 58th Avenue and Collins Road.

Richard Bloom, 5900 Everett, requested a lower wattage, sky-friendly light for the street light that is a requirement for development of the property.

Public Works Director Slade advised the street light would be in an intersection, so will be 200 watts. He said the light will be fully shielded and pointed downward.

Steve Colby, Developer of Lots 19 & 20, Section 6 asked if the street light can be installed on the pole that is already in place at the location.

Public Works Director Slade said if a pole is in place, he should be able to use that pole after the City checks it.

Upon motion by Councilmember Brown, seconded by Councilmember Bleich, Council unanimously approved the requested deviation from the conditions of WRMC Section 16.08.050(B) conditioned on; 1) the landowner providing the City with a Waiver of Right to Protest Local Improvement District (LID) for the improvements listed in 16.08.050(B), 2) Developer constructs 660’ S. 58th Ave and 3) the developer install a street light at the intersection of S. 58th Ave and Collins Road.

g.ORD – Relating to Speed Limits for Keene Road, Paradise Way and South 38th Avenue – Public Works Director Slade presented a recommendation to pass an ordinance adopting revised speed limits for Keene Road, South 38th Avenue, Belmont Blvd. and Paradise Way. Public Works Director Slade stated that roadways should be designed to operate at a speed that satisfies nearly all drivers. City staff analyzed both Keene Road (City of West Richland portion) and Paradise Way to determine if the posted speed limits achieved this goal and propose changing the Keene Road Ph. 1 speed limit from 40 mph to 45 mph, Keene Road Ph. 2 & 3 from 40 mph to 50 mph, the Keene Road 300’ east and west of the Bombing Range Road round-a-bout at 35 mph, Belmont Blvd from Keene Road to Paradise Way at 40 mph and Paradise Way from 30 mph to 35 mph. Staff also recommends the City Ordinance be updated to reflect the posted speed limit of 30 mph on South 38th Ave.

ORDINANCE 24-06 - AN ORDINANCE OF THE CITY OF WEST RICHLAND, WASHINGTON RELATING TO SPEED LIMITS, AMENDING SECTION 10.08.040, SECTION 10.08.050, SECTION 10.08.060, SECTION 10.08.070, AND ADDING SECTION 10.08.065 TO THE WEST RICHLAND MUNICIPAL CODE.

Upon motion by Councilmember Buel, seconded by Councilmember Brown, Council unanimously adopted Ordinance 24-06 as presented.

Public Works Director Slade said the speed limit will become effective after the speed limit signs are posted, in approximately two weeks.

10.Unfinished Business –There was no unfinished business.

11.New Business – a. Staff Reports –Department Directors reported briefly on recent activities.

Mayor Jackson announced that a 58th Avenue Property Owner Meeting will be held on Wednesday, June 21, from 7:00 p.m. to 8:00 p.m. in City Council Chambers. This is not a City sponsored meeting, but City officials are invited to attend.

City Clerk Richardson reported on her attendance at the International Institute of Municipal Clerks Professional Development Academy at University of Puget Sound.

City Attorney Tannerannounced an executive session to discuss real estate and litigation with possible action to follow.

City Administrator Pantherreminded Council of their approval of payment of $2,000 to Columbia Snake River Irrigators Association. He said the payment was not budgeted so will require a budget adjustment.

City Administrator Panther commended employee Jess Latham who assisted a family in need of a new backflow device, but due to a child with a serious illness, could not afford to purchase the device.

City Administrator Panther advised Council that citizen Judy Nelson purchased fence slats and donated them to the City’s animal shelter. He said that Tri-City Fence gave her a discount on the equipment and expressed appreciation to both.

Chief Erdman discussed the fireworks regulations and fire hazards resulting from fireworks. He also urged animal owners to keep their animals inside and safe during the fireworks season.

Community Development Director Squiresupdated Council on the Comprehensive Plan and said the land use element will be presented to the Planning Commission at their next meeting.

Community Development Director reported on the Comprehensive Economic Development Strategy (CEDS) Committee meeting on June 13. He said the CEDS board is now aware that West Richland’s per capital sales tax is less than 1/3 of each of the other cities in the region.This information should help the City qualify for community economic development strategy funding.