Updated 1/28/2021

WEST RICHLAND CITY COUNCIL MEETING TUESDAY, FEBRUARY 2, 2021

6:00 p.m.

Preliminary Agenda

Notice to the Public: This meeting will be a remote Zoom meeting per Governor Jay Inslee’s Stay Home – Stay Healthy Directive. We encourage you to provide public comments on agenda items and public hearings in writing. Please indicate on your comment that you’d like them included in the Citizen Comments portion of the meeting and submit to shaug@westrichland.org by 3:00 p.m. on the day of the meeting and they will be forwarded to the Mayor and City Council and a summary will be read during the meeting.

1. MEETING CALLED TO ORDER

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

4. APPROVAL OF AGENDA

5. PRESENTATIONS

6. CONSENT AGENDA

a. Approve Minutes- Regular Meeting January 19, 2021 b. Motion to approved Ken Harper’s Contract for Legal Services

7. ORDINANCES, RESOLUTIONS, MOTIONS AND PUBLIC HEARINGS a. Public Hearing- Utility and Access Easement Vacation (EV 2020-17)

b. RES. 04-21- Utility Easement Vacation (EV 2020-17)

c. ORD. 07-21 - Access Easement Vacation (EV 2020-17) d. 1st Discussion- Motion to execute cell tower site lease – Vertical Bridge

e. Public Hearing - Amending 2021 – 2026 Six-Year Transportation Improvement Program. f. RES. 05-21- Amending 2021 – 2026 Six-Year Transportation Improvement Program.

8. UNFINISHED BUSINESS

a. COVID-19 Operational Response Update

9. NEW BUSINESS

10. CITIZENS PUBLIC COMMENT

11. STAFF AND COUNCIL ANNOUNCEMENTS, REPORTS AND COMMENTS

a. Staff Reports b. Council Reports

12. EXECUTIVE SESSION

13. ADJOURNMENT

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CITY OF WEST RICHLAND REMOTE CITY COUNCIL MEETING TUESDAY, JANUARY 19TH, 2021

1. Call to Order – Mayor Brent Gerry called the meeting to order at 6:03 p.m.

2. Roll Call –

Present: Mayor Brent Gerry Mayor Pro Tem Fred Brink Councilmember Richard Bloom Councilmember Gail Brown Councilmember Rich Buel Councilmember David Fetto Councilmember Kate Moran Councilmember John Smart

Police Chief Ben Majetich

Finance Director Erin Gwinn Public Works Director Roscoe Slade

City Engineer Drew Woodruff Comm. Dev. Director Eric Mendenhall

HR Manager Selena Smathers City Clerk Stephanie Haug

City Attorney Bronson Brown

3. Pledge of Allegiance – Mayor Brent Gerry led the council, staff, and audience in the Pledge of Allegiance.

4. Approval of Agenda – Upon motion by Councilmember Moran, seconded by Councilor Brown, Council unanimously approved the agenda.

5. Presentation-

a. JUB – Bombing Range & Keene Road Intersection Project Traffic Analysis Results Travis Marden and Spencer Montgomery of JUB presented their analysis of the Bombing Range/Keene Road Intersection and recommended converting the intersection to a traffic light in the future to maintain an acceptable level of service without having to acquire an abundance of additional right of way to make roundabout improvements.

6. Consent Agenda – Mayor Brent Gerry read the consent agenda titles for consideration.

a. Approve Minutes- Regular Meeting January 5, 2021

b. Approve the 2021-2022 Visit Tri-Cities Agreement

c. Approve the contract with Express Employment Professionals for 2021

d. Confirm Mayor’s Reappointments to Park Board

e. ORD. 04-21- Periodic Shoreline Management Plan Update

ORDINANCE NO. 04-21 - AN ORDINANCE CONCERNING THE SHORELINE MASTER PROGRAM (SMP) PERIODIC REVIEW REQUIRED BY RCW 90.58.080(4)

f. RES. 03-21- Auth. Mayor to execute ILA regarding Quad-City Water Right Mitigation Model and Operating Procedures with Cities of Richland, Kennewick and Pasco and repealing RES. 76-20

RESOLUTION NO. 03-21- A RESOLUTION OF THE CITY OF WEST RICHLAND, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE INTER-LOCAL AGREEMENT REGARDING QUAD-CITY WATER RIGHT MITIGATION MODEL AND OPERATING PROCEDURES WITH THE CITIES OF RICHLAND, PASCO AND KENNEWICK AND REPEAL RESOLUTION 76-20.

Upon motion by Councilmember Brown, and seconded by Mayor Pro Tem Brink, Council unanimously approved the consent agenda.

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7. ORDINANCES, RESOLUTIONS, MOTIONS AND PUBLIC HEARINGS-

a. ORD. 05- 21 & ORD. 06-21- Wheeled All-Terrain Vehicle Chapter 10.17 and changing

ATV/ORV Chapter 10.16

Chief Majetich presented a staff report on two ordinances that would allow the use of specific WATV vehicles on City streets with speed limits under 35mph.

ORDINANCE NO. 05-21- AN ORDINANCE RELATING TO VEHICLES AND TRAFFIC AND CHANGING CHAPTER 10.16 TO THE WEST RICHLAND MUNICIPAL CODE

ORDINANCE NO. 06-21 - AN ORDINANCE RELATING TO VEHICLES AND TRAFFIC AND ADDING A NEW CHAPTER 10.17 TO THE WEST RICHLAND MUNICIPAL CODE

Councilmember Brown moved to approve Ordinance 05-21 and Ordinance 06-21. It was seconded by Councilmember Moran.

Audience Member Scott Meyer commented that he is confident that the WATV owners and users in our community will adhere to the guidelines and will be responsible.

Meegan Tripp inquired when it will go into effect if it is passed.

Councilmember Brown revised her motion to match the recommended motion in the staff report. Councilmember Moran seconded. Additional discussion was held regarding the definition of a WATV in the RCWs verses what is in the proposed Ordinance. Mayor Gerry called for the vote of the revised motion, and the ordinances passed with the following Councilmembers in favor; Brink, Brown, Buel, Fetto, Moran & Smart. Councilmember Bloom voted Nay. City Clerk Haug explained that the ordinance will go into effect 5 days after publication, which is anticipated to be by February 1st, 2021.

8. Unfinished Business – There was no unfinished business.

9. New Business – There was no new business.

10. Citizen Public Comments- No citizens provided comment at or for this meeting.

11. Announcements, Reports & Comments a. Staff Reports

Community Development Director Mendenhall reported that the City has already received three Comprehensive Plan amendment applications for 2021, and he anticipates there will be a few more.

Police Chief Majetich reported that he had received the first shot of his COVID-19 vaccination series and he had no side effects. He also stated that the new PD Facility Groundbreaking would be virtual only, and will be held in February with limited attendance due to COVID restrictions.

b. Council Reports Councilmember Fetto thanked Clerk Haug for saving him time with Council packets by showing

him the bookmark feature in Adobe. Councilmember Bloom had received feedback from constituents on the excessive permit

charges for accessory structures. He inquired if this is something that staff could look at. Mayor Gerry suggested that he contact Community Development Director Mendenhall.

Councilmember Moran attended a BFCOG meeting on January 15th where they reviewed the Community & Economic Development Strategies. She reported that John Kennedy would be reaching out to the city to discuss the plan and there is a tentative adoption date of August

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2021. She also reported that they presented an award to Bob Koch, who is retiring, discussed TIP amendments, the Regional Vision 2045 and the bicycle map update. She concluded her report by mentioning the trash around the recycling bins and hopes that a solution can be found.

Mayor Pro Tem Brink inquired about the status of vaccine availability to the sergeants and officers and if they’d been offered the opportunity to get vaccinated if they chose to. He also thanked Clerk Haug for the iPad.

Councilmember Brown reported that with Good Roads she will get getting together with both BFCOG and WWCOG to come up with a new list. She also stated the schools are going back next week and they look like they will be safe, but not fun.

Councilmember Smart reminded citizens of the importance of washing their masks and changing them out frequently. He also clarified what he meant about COVID not being an emergency. He was referring to emergency powers and the comparison of COVID with the flu, and that the numbers don’t justify a statewide emergency.

Mayor Gerry reported on his regional zoom meeting regarding COVID-19 vaccinations. There are 545,000 vaccinations in the state, with 180,000 already in arms. They are hoping to expedite distribution. A drive –thru site will be constructed at the Benton County Fairgrounds. He also reported that the numbers may not be current as they are being manually entered and that in-person meetings are not allowed in our current phase.

12. Executive Session – a. Mayor Gerry announced the City Council will adjourn for into Executive Session for 15

minutes pursuant to RCW 42.30.110(i- discussions with legal counsel representing the agency litigation at 7:45pm.

13. Adjournment - The meeting was adjourned at 8:00 p.m. Brent Gerry, Mayor Stephanie Haug, MMC, City Clerk

WEST RICHLAND AGENDA ACTION ITEMS

AGENDA ITEM: 7a, 7b & 7c

TYPE OF ACTION NEEDED

MEETING DATE:

February 2, 2021

Execute Contract

Consent Agenda

SUBJECT: Public Hearing, Res. 04-

21, and Ord.07-21: Utility and Access Easement Vacation EV 2020-17 (Knight and Larson)

Pass Resolution

X Public Hearing X

Pass Ordinance

X

1st Discussion

Prepared by:

Elisha Ransom, Associate Planner

Pass Motion

2nd Discussion

Reviewed by:

Brent Gerry, Mayor

Eric Mendenhall, Community Development Director

Other

Other

COUNCIL STRATEGIC FOCUS AREA:

SFA 1 – Community Economic Vitality, Competitiveness, & Diversity o Goal 2: Improve economic vitality and competitiveness through implementation of the

economic development strategic plan.

SFA 3 – Financial & Operational Effectiveness, Stability and Accountability. o Goal 1: Conduct City Operations using best management practices.

Attachments:

1) Draft Resolution 2) Draft Ordinance 3) Exhibit Maps 4) Vicinity Map 5) Legal Description Easement Vacation

SUMMARY: The property owners, Ronald & Kelsie Knight and Wesley & Christine Larson, submitted an application for a utility and access easement vacation along with the applicable fees. The site includes 3093 and 3097 Tennessee Walker Ave—Lots 3 and 4 of Short Plat 1950 (Parcel Nos.: 108984011950003, 108984011950004). The easements sought to be vacated is the North 23 feet, the South 10 feet and the East 23 feet of that access and utility easement lying within Lot 3 and the North 23 feet, the South 10 feet of that access and utility easement lying within Lot 4, except any portion of that access and utility easement as described in City of West Richland Ordinance 10-20 (historical offers of dedication).

A public notice was mailed to surrounding property owners on January 8, 2021. The notice was also posted on site and at the City Offices on January 8, 2021. The Community Development Department received no public comments about these easement vacations. Pursuant to WRMC 12.60, Community Development staff routed the completed application to franchise utilities and gave 15 days to review. The original application included a 23 foot portion of the western property line of Lot 3, which was denied by Public Works as it is part of the roadway plan. The City Council is required to hold a public hearing to consider an easement vacation. Resolution 69-20, passed on January 5, 2020, set the date of the public hearing for this request for February 2, 2021. It appears that the vacation of the easement would not unduly jeopardize the health, safety, welfare, or public good. Additionally, the retention of the easement no longer serves any useful public purpose. FISCAL IMPACT: No anticipated fiscal impact. RECOMMENDED MOTION: I move to pass Resolution 04-21 authorizing the vacation of a portion of the 33’ in width utility easements for File EV 2020-17; and I move to pass Ordinance 07-21 authorizing the vacation of a portion of the 33’ in width access easements for File EV 2020-17.

ATTACHMENT 3:

Not in

clu

ded p

er

Pub

lic W

ork

s

ACCESS AND UTILITY EASEMENTS

B

ACCESS AND UTILITY EASEMENTS

ATTACHMENT 4: VICINITY MAP

ATTACHMENT 5:

When Recorded Return To:

City of West Richland

3100 Belmont Blvd.

West Richland, WA 99353

CITY OF WEST RICHLAND

RESOLUTION NO. ___-21

A RESOLUTION OF THE CITY OF WEST RICHLAND, WASHINGTON, VACATING

A PORTION OF THE 33 FOOT WIDE PUBLIC UTILITY EASEMENTS LOCATED ON

SHORT PLAT 1950 LOTS 3 AND 4, PARCEL NUMBERS 1-0898-401-1950-003 AND 1-

0898-401-1950-004.

WHEREAS, an application (under File Number EV 2020-17) was submitted for a partial

utility easement vacation for 33’ wide public utility easements, accepted via City of West

Richland Ordinance 10-20, on Parcel Numbers 1-0898-401-1950-003 and 1-0898-401-1950-004;

and

WHEREAS, City staff contacted Franchise Utilities to provide notification of the

application, and there was no objection to the proposed easement vacation; and

WHEREAS, the retention of the easements no longer serves any useful public purpose;

and

WHEREAS, it appears that the vacation of the easements would not unduly jeopardize

the health, safety, welfare or public good; and

WHEREAS, the RCW 35.94.040 states that a legislative authority may cause for lands,

property, or equipment originally acquired for public utility purposes that is found to be surplus to

the city's needs and is not required for providing continued public utility service may be

conveyed; and

WHEREAS, the RCW 35.94.040 and WRMC 12.60.020 further state that the legislative

authority must take such action via resolution following a public hearing; and

WHEREAS, pursuant to Resolution 02-21 passed by the City Council on January 5,

2021, setting forth the City’s intention to consider approving a public utility easement vacation

request for a portion of the 33’ wide utility easements, a public hearing was held before the City

Council of the City of West Richland on February 2, 2021, and

WHEREAS, following the public hearing on February 2, 2021, the City Council voted to

approve the utility vacation application; and

WHEREAS, all other steps and proceedings required by law to vacate a public access

easement have been duly taken and performed;

NOW, THEREFORE, THE CITY COUNCIL FOR THE CITY OF WEST

RICHLAND, WASHINGTON, does hereby resolve as follows:

Section 1. A portion of the 33’ wide utility easements, as set forth in exhibits A and

B, is vacated.

BE IT FURTHER RESOLVED that a copy of this passed and signed ordinance, provided to the

applicant by the City, must be recorded at the Benton County Auditor’s Office by the applicant

and a copy of the recording returned to the City within 30 days of the Council’s actions, or the

easement vacation becomes null and void.

PASSED BY THE CITY COUNCIL OF THE CITY OF WEST RICHLAND,

WASHINGTON, this ______ day of ______________, 2020.

_____________________________________

Brent Gerry, Mayor

ATTEST:

___________________

Stephanie Haug, City Clerk

APPROVED AS TO FORM:

____________________ Bronson Brown, City Attorney

B

UTILITY EASEMENTS

When Recorded Return To:

City of West Richland

3100 Belmont Blvd.

West Richland, WA 99353

CITY OF WEST RICHLAND

ORDINANCE NO. ___-21

AN ORDINANCE OF THE CITY OF WEST RICHLAND, WASHINGTON, VACATING

A PORTION OF THE 33 FOOT WIDE ACCESS EASEMENTS LOCATED ON SHORT

PLAT 1950 LOTS 3 AND 4, PARCEL NUMBERS 1-0898-401-1950-003 AND 1-0898-401-

1950-004.

BENTON COUNTY PARCELS # 1-0898-401-1950-003 and 1-0898-401-1950-004;

WHEREAS, an application was submitted for a partial access easement vacation for 33’

wide access easements on Parcel Numbers 1-0898-401-1950-003 and 1-0898-401-1950-004; and,

assigned File Number EV 2020-17; and

WHEREAS, the retention of the easement no longer serves any useful public purpose;

and

WHEREAS, it appears that the vacation of the easement would not unduly jeopardize

the health, safety, welfare or public good; and

WHEREAS, pursuant to Resolution 02-21 passed by the City Council on January 5,

2021 setting forth the City’s intention to consider approving an easement vacation request for a

portion of the 33’ wide access/utility easements, a public hearing was held before the City

Council of the City of West Richland on February 2, 2021, and

WHEREAS, following the public hearing on February 2, 2021, the City Council voted to

approve the access vacation application; and

WHEREAS, all other steps and proceedings required by law to vacate a public access

easement have been duly taken and performed;

NOW, THEREFORE, THE CITY COUNCIL FOR THE CITY OF WEST

RICHLAND, WASHINGTON, does hereby resolve as follows:

Section 1. A portion of the 33’ wide access easements, as set forth in exhibits A and

B, are vacated.

BE IT FURTHER RESOLVED that a copy of this passed and signed ordinance, provided to the

applicant by the City, must be recorded at the Benton County Auditor’s Office by the applicant

and a copy of the recording returned to the City within 30 days of the Council’s actions, or the

easement vacation becomes null and void.

PASSED BY THE CITY COUNCIL OF THE CITY OF WEST RICHLAND,

WASHINGTON, this ______ day of ______________, 2020.

_____________________________________

Brent Gerry, Mayor

ATTEST:

___________________

Stephanie Haug, City Clerk

APPROVED AS TO FORM:

____________________ Bronson Brown, City Attorney

ACCESS EASEMENTS

B

ACCESS EASEMENTS