CITY OF WEST RICHLAND
COUNCIL MEETING
Monday, November 6, 2006
1.
Call to Order – Mayor Jackson called the meeting to order at 7:03 p.m.
2.
Roll Call –Mayor Dale Jackson and Mayor Pro Tem Nancy Aldrich were present. Council
Members Matthew Bleich Gail Brown, Rich Buel, Ken Dobbin, Merle Johnson and Julie Jones were also
present. Staff members present were Police Chief Layne Erdman, Finance Director Howard Roberts,
City Administrator Mark Panther, Public Works Director Roscoe Slade, Community Development
Director Pete Squires, City Planner Todd Stowell, City Attorney Terry Tanner and City Clerk Julie
Richardson.
3.
Pledge of Allegiance – Councilmember Jones led the Council, Staff, and audience in the recitation
of the Pledge of Allegiance.
4.
Approval of Agenda – Councilmember Johnson requested that Consent Agenda item 9f be moved to
Ordinances, Resolutions, Motions and Public Hearings item 10n. Upon motion by Councilmember
Bleich, seconded by Councilmember Jones, Council unanimously approved the agenda as revised.
5.
Executive Session – Mayor Jackson announced a 30 minute executive session to evaluate bids/
consider the minimum price for the sale of property and discuss potential litigation. Council adjourned
to executive session at 7:05 p.m.
The executive session was extended for five minutes at 7:35 p.m.
The meeting reconvened at 7:38 p.m.
6.
Announcements, Reports & Comments – a. Council provided brief reports on recent events and
meetings they attended.
Councilmember Johnson thanked the Red Mountain Lions Club for volunteering their time to clean
up Van Giesen Street in preparation for the Veteran’s Day Parade.
Councilmember Buel reported his attendance at the Tri-Cities Visitor & Convention Bureau annual
meeting.
Councilmember Dobbin reported on the Park Board Meeting on Monday, October 30. Discussion
items included the Six Year Capital Improvement Plan, distribution of impact fees through parks, a
potential park use fee policy and the West Richland Police Department was complimented on their
rapid response on park issues.
Councilmember Dobbin commented on the possibility of the Harvest Festival and D.A.R.E. being
removed from the City budget and his desire for those items to remain in the budget. He said Chief
Erdman is working on D.A.R.E. and the Harvest Festival will be discussed at the Council Meeting on
November 20, 2006.
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Councilmember Dobbin expressed concern of the Benton County Commissioner’s approval of Richland’s
Urban Growth Area (UGA) expansion over Badger Mountain. He said there was significant public input
opposing the expansion but Commissioners ignored the citizen’s comments.
Mayor Jackson said the City provided input to County Commissioners expressing opposition of
Richland’s UGA extending west of Dallas Road and will continue to monitor the situation.
Councilmember Jones reported that Benton Franklin Council of Governments continues to work on
their budget and the City of West Richland’s assessment will be approximately $5,500.
Councilmember Jones provided an update on the Law and Justice Council. The Law and Justice
Council has been discussing the County’s Systems Mapping and Action Planning Project which is a
committee that sets priorities on dealing with mentally ill offenders. The Law and Justice Council
agrees with some priorities, but disagrees with others.
Councilmember Brown reported on the Tri-Cities Visitor and Convention Bureau Annual Meeting and
thanked Mayor Jackson and Councilmember Buel for attending.
7.
Citizen’s Public Comment – Mayor Jackson opened the meeting to citizen comments at 7:48 p.m.
Khris Olsen, 5404 Collins Road, referred to an article he read in the Tri-City Herald stating that yard
signs on right-of-way properties are illegal. He asked if signs on private property are outlawed in West
Richland.
City Attorney Tanner responded that it depends on what type of sign is on the property and said the
City has a sign ordinance. He suggested that Mr. Olsen read the sign ordinance.
Mayor Jackson suggested that Mr. Olsen contact City Administrator Panther if he has a specific
question about a particular sign.
Mr. Olsen said the signs in question are the “Save the Elks Park Land” signs located on right-of-way
properties and private properties. He asked if he will be forced to remove the signs from his property.
Mayor Jackson responded that his view is that it is appropriate to allow the signs in question to
remain in place for some period of time, but he has not decided whether the signs will be allowed to
remain in place indefinitely. Mayor Jackson said he chooses to view the signs as expressions of free
speech and protected. He said there is other analysis that says the signs are improper and he hopes
the situation will be resolved thereby eliminating the reason for the signs.
James Peterson, Richland School Board Member, distributed the “Focus on Schools” newspaper and
provided an update on the Richland School District. Mr. Peterson invited West Richland City Council to
dinner and a joint meeting with the Richland School Board; the date has not been set.
John Smart, 400 South 54th, said if the City has an ordinance that construes signs on private rightsof-way as illegal, he requests consideration of revision of the ordinance.
Kelly Zwicker, 3690 Royal Crest Loop, referred to problems he is having with a Kelly’s Excavating
Sign.
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Mayor Jackson interrupted Mr. Zwicker to advise him that he is talking about a topic that is currently
the subject of an enforcement action. Mayor Jackson asked City Attorney Tanner to elaborate.
City Attorney Tanner stated that Mr. Zwicker’s attorney advised the City that he represents Mr.
Zwicker in the enforcement action in Benton County District Court and any communication the City has
with Mr. Zwicker should be done through the attorney. City Attorney Tanner advised Mr. Zwicker that
anything he says at this meeting is being recorded and anything he says can be used against him in
the criminal enforcement action. He further stated that the Council and/or City Staff will not engage in
any discussion with Mr. Zwicker concerning the issue.
Mr. Zwicker said he has not made any attempt to sue the City of West Richland and he had his
attorney send the City a letter stating that he would represent Mr. Zwicker. He further stated that he
informed City Administrator Panther that he doesn’t want to have a lawsuit. He read from a letter of
understanding stating that, “Kelly’s Excavating sign on east end of lot will be removed from the site.”
He said the letter states the sign is to come down, but there is no date. He said the letter also states
that the shed was to be removed on phase 2. He said a letter he obtained from Harm’s Engineering
states they are neutral on this issue. He said he received a ticket from the City of West Richland and
he wants to let the City know what is going on.
Citizen Public Comments ended at 8:00 p.m.
8.
Presentations – Troy Bergland, West Richland Chamber of Commerce, presented information
on the Veteran’s Day Parade being held on Saturday, November 11.
9.
Consent Agenda – Upon motion by Councilmember Jones, seconded by Councilmember Brown,
Council unanimously approved the consent agenda as revised in item 4 (item 9f moved to item
10n)
a. Motion to Approve Payment of Bills
196,638.61
001
General Fund
101
Streets
103
General Cumulative Reserve
1,458.00
104
Park Impact
8,460.99
105
Criminal Justice
-86.27
121
Library Services
1,523.90
302
REET II – Street Overlay
318
Capital Improvement – Water System Improvements
355
Transportation Improvement Program
358
Capital Improvement – NWTP Exp Construction
365
Capital Improvement – Keene Rd Ph 2,3
370
Capital Improvement – Paradise Way Ext.
385
Norma LID Construction
79,357.85
401
Water Sewer Irrigation
146,192.85
22,116.22
29.63
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14,017.08
-390.00
9,643.03
99.57
1,192.77
196,638.61
001
General Fund
441
Water System Development
625.00
442
Sewer System Development
7,200.00
451
Water Line Development
621
Treasurer’s Trust
51,505.31
75.00
Total
$539,659.54
b. Motion to Approve Minutes of Council Meeting of October 16, 2006 and Workshop of
October 23, 2006
c. Motion to Approve Appointment to Civil Service Commission
d. Motion to Accept Ruppert Road Repair Project as Complete
e. Motion to Accept Keene Road Phase 3 Project as Complete
f. This item was moved to item 10n
g. Motion to Consider Bid Rejection for West Lattin Loop Repair Project
10. Ordinances, Resolutions, Motions & Public Hearings - a. Motion to Consider Accepting
Bid for West Richland Golf Course – Mayor Jackson stated that two years ago, City Council
elected that it was no longer feasible for the City to continue attempts to operate a municipal golf
course and made a decision to sell the property. Mayor Jackson said that following a lengthy
process, Council authorized the City to obtain the services of a realty company to market the
property nationwide. He advised that sealed bids were opened on November 1, 2006 and the City
received two viable bids; one bid was submitted by Nick Manolopoulos of We-Man Vets Golf in the
amount of $1,280,000.00 with a deposit of $$75,000.00 and the second bid was received from
Michelle Marcum, current operator of the West Richland Golf Course, in the amount of
$1,751,000.00 with a deposit of $350,200.00. He thanked both bidders for their time and effort in
compiling and submitting the bid packages. Mayor Jackson stated that following analysis of
submitted bids and finding that both parties appear to be financially qualified to carry through and
close their proposed transaction, he recommends making a motion authorizing the completion of a
sales contract under the terms submitted by Ms. Marcum.
Mayor Pro Tem Aldrich moved and Councilmember Jones seconded the motion to accept Michelle
Marcum’s bid in the amount of $1,751,000.00 for the purchase of the West Richland Golf Course.
John Smart, 400 South 54th, asked if the Elk’s Field is still part of the golf course sale. He also asked
if it was a mistake to include the Elk’s Field or if there was a reason that prompted the City to sell a
piece of property that was previously donated to the City for use by children as a baseball park.
Mayor Jackson stated the decision was made two years by the City Council. He said that since the
City is taking park land out of service, although it was park land that wasn’t necessarily being used for
the original person for which it was dedicated, it would be appropriate for City Council to consider using
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some of the proceeds from the sale of the golf course to purchase and redevelop other property in the
area and build a new park. He said if the public wants the City to develop park land with some of the
proceeds from the sale of the golf course, the City Council should be informed of their desire.
The motion to accept Michelle Marcum’s bid in the amount of $1,751,000.00 for the purchase of the
West Richland Golf Course, carried by a vote of 6-1 as follows:
Yes: Mayor Pro Tem Aldrich, Council Members Bleich, Brown, Buel, Johnson, Jones
No: Councilmember Dobbin
b. ORD – 1st Reading – Amending Title 1, “General Provisions,” of the West Richland
Municipal Code - City Administrator Panther presented an ordinance for 1st reading and
discussion, updating and amending Title 1 of the West Richland Municipal Code. City Administrator
Panther stated that Title 1 was adopted in the 1970’s and needed updating. The ordinance
amends Section 1.16.010, “General Penalties,” adds Section 1.10.010, “Designation of Official
Newspaper,” adds section 1.30, “Public Records Disclosure,” and adds section 1.24, “Code
Enforcement Officer.” Amendments to sections 1.20 regarding low-income senior citizens, and
1.12 relating to official posting places were amended earlier this year.
Richard Bloom, 5900 Everett Street, stated that 1.16.010, “Violations,” is amended to show there
is only a single violation in the City, as far as criminals, a gross misdemeanor. He said this
proposed changes eliminate some flexibility that is currently in WRMC 9.04.030, which defines both
gross misdemeanor and misdemeanor. He said there are no civil offenses in the ordinances so the
City has established a civil penalty for nonexistent offences. He further stated there are many
incidences of “shall” used in the ordinances which are construed as mandatory. He suggested
softening the language. Mr. Bloom said the ordinance specifies a maximum speeding ticket
amount of $250.
Mayor Jackson stated the City is not enforcing the West Richland Municipal Code, but State law
with traffic enforcement.
City Administrator Panther said that all ordinances will be updated beginning with these
amendments to Title 1. Title 1 was set up so when amendments are made to subsequent Titles,
including the addition of civil enforcements and penalties, Title 1 won’t need to be amended again.
The ordinance will be presented for approval on the consent agenda of the November 20, 2006
Council meeting.
c. 2nd Public Hearing – ORD – West Lattin Road Rezone – City Planner Stowell presented a
recommendation to adopt an ordinance approving rezone of approximately 56 acres located
between Keene Road and West Lattin Road to RL-40 and RM 12.5 upon annexation of the property.
Mr. Stowell stated that state law requires the City Council to hold two public hearings, at least 30
days apart, on proposals that pre-zone land in anticipation of annexation. The first public hearing
was held during the Council meeting on September 18, 2006. The Planning Commission has
reviewed the proposed rezone and submitted a recommendation for approval and the rezone
complies with all nine specified required criteria.
Mayor Jackson opened the public hearing at 8:23 p.m.
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Gary Worrell, 3902 South Highlands Blvd., supports the rezone because the property will be in
the City. He asked Council to protect the natural beauty and uniqueness of the City and its
property.
There were no additional public comments and Mayor Jackson closed the hearing at 8:29 p.m.
Community Development Director Squires, responding to several inquires, advised that the
present use of property can be continued until such use is discontinued. Therefore, even if the
property transfers ownership, the use can continue as long as it stays the same. Mr. Squires said
the minimum lot size is 12.5, but larger lot sizes are not prohibited. He said the request for 12.5 in
the middle of the parcel was prompted by property owners.
d. ORD – West Lattin Road Rezone – City Planner Stowell presented a recommendation to
adopt ordinance 43-06 as delineated in item 10c.
ORDINANCE 43-06 - AN ORDINANCE OF THE CITY OF WEST RICHLAND,
WASHINGTON, REZONING APPROXIMATELY 56 ACRES IN THE AREA OF KEENE
ROAD AND WEST LATTIN ROAD
Mayor Pro Tem Aldrich moved to adopt Ordinance 43-06, seconded by Council Member Brown.
The motion carried by a vote of 4-3 as follows:
Yes: Mayor Pro Tem Aldrich, Council Members Bleich, Brown, Jones
No:
Council Members Buel, Dobbin, Johnson
e. ORD – Establishing a Utility Tax-Cable Television and Amending Title 3, “Revenue and
Finance,” of the West Richland Municipal Code – Finance Director Roberts presented a
recommendation to adopt an ordinance establishing a utility tax for cable television service. Mr.
Roberts stated that the proposed utility tax is part of achieving a balanced general fund budget for
2007 as well as providing a new ongoing source of revenue to support future year operations.
Finance Director Roberts, responded to inquiries as follows:



Some surrounding Cities levy a cable television tax and some have a combination of franchise fees
and utility taxes. He said the City of West Richland currently has a 2% franchise fee and the
proposed ordinance sets a 2% utility tax.
Mr. Roberts said federal law prohibits taxing satellite dish television so this ordinance would only
affect cable television.
All City utilities are currently being taxed except cable television.
Councilmember Buel moved to reject adoption of an ordinance establishing a utility tax for cable
television, seconded by Mayor Pro Tem Aldrich. The motion carried unanimously.
f. Public Hearing – ORD – Access Easement Vacation on Lot 200, Section 6 of Willamette
Heights – City Planner Stowell presented a recommendation to vacate the 33-foot wide access
easements on the west, north and east sides of Lot 200 and reduce the 33-foot wide access
easement on the south side of Lot 200 to 25 feet. Mr. Stowell stated the easement vacation
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complies with the City’s transportation plan and the proposal has been circulated to adjoining
property owners with no responses received.
Mayor Jackson opened the public hearing at 8:40 p.m. There were no public comments and
Mayor Jackson closed the hearing at 8:41 p.m.
g. ORD – Access Easement Vacation on Lot 200, Section 6 of Willamette Heights – City
Planner Stowell presented a recommendation to adopt ordinance 44-06 as delineated in item
10f.
ORDINANCE 44-06 - AN ORDINANCE OF THE CITY OF WEST RICHLAND,
WASHINGTON VACATING ACCESS EASEMENTS ON LOT 200 OF SECTION 6,
TOWNSHIP 9 NORTH, RANGE 28 EAST, W.M.
Upon Motion by Mayor Pro Tem Aldrich, seconded by Councilmember Buel, Council adopted
ordinance 44-06 by majority vote with one opposition from Councilmember Dobbin.
h. Public Hearing – ORD – Utility Easement Vacation on Lot 200, Section 6 of Willamette
Heights – City Planner Stowell presented a recommendation to adopt an ordinance vacating
utility easements on the west, north and east sides of Lot 200 to 10 feet wide. City Planner Stowell
said that since one utility approval has not been received at this time, he proposes holding the
public hearing at this meeting and adding the ordinance adoption to the consent agenda of the
meeting on November 20, 2006.
Mayor Jackson opened and closed the public hearing at 8:43 p.m. as there were no citizens wishing
to comment.
i.
ORD – Utility Easement Vacation on Lot 200, Section 6 of Willamette Heights – City
Planner Stowell recommended and Council agreed to postpone adoption of the ordinance until
the next Council meeting on November 20, 2006.
j. Public Hearing – ORD - Access Easement Vacation on Lot 4, Short Plat 1243 – City
Planner Stowell presented a recommendation to vacate the east 10 feet of the 60-foot wide
access easement on Lot 4 of Short Plat 1243. The easement vacation request is related to
construction of a commercial/wholesale building on the property and it allows sufficient room for
parking and other required improvements related to the development of the property. Public
Works is agreeable to the request and indicated the remaining 50-foot wide access easement will
be sufficient to construct a city-standard roadway at this location in the future. No responses were
received from neighboring property owners. Verizon was initially concerned about the vacation,
but once they were reassured that the utility easement was not affected, they withdrew their
objection. No other utility companies have indicated any objection.
Mayor Jackson opened and closed the public hearing at 8:46 p.m. as there no public comments.
k. ORD - Access Easement Vacation on Lot 4, Short Plat 1243 – City Planner Stowell
presented a recommendation to adopt ordinance 45-06 as delineated in item 10j.
ORDINANCE 45-06 - AN ORDINANCE OF THE CITY OF WEST RICHLAND, WASHINGTON
VACATING AN ACCESS EASEMENT ON LOT 4 OF SHORT PLAT 1243
Upon motion by Councilmember Bleich, seconded by Councilmember Brown, Council unanimously
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adopted ordinance 45-06.
l.
Public Hearing – ORD – Fixing Amount of Ad Valorem/Property Tax for 2007 – Finance
Director Roberts presented a recommendation to adopt an ordinance fixing the amount of Ad
Valorem/Property tax for 2007. Mr. Roberts noted that the ordinance assumes a 1% increase from
the 2006 levy revenue, plus new construction. The 1% increase raises an additional $9,423 in
revenue for the General Fund in 2007. The proposed levy amount is $1,014,100 with the
estimated rate of taxation increasing by $.01 from 2006 to $1.77 per thousand dollars of assessed
valuation.
Councilmember Dobbin pointed out that Benton County receives $1.42 per $1,000 compared to
the City of West Richland’s receipt of $1.76 per $1,000.
City Administrator Panther stated the City also pays Benton County for jail costs, district court,
emergency management, etc., and these bills are funded out of the general fund.
Mayor Jackson opened the public hearing at 8:56 p.m. There were no public comments and Mayor
Jackson closed the hearing at 8:57 p.m.
m. ORD – Fixing Amount of Ad Valorem/Property Tax for 2007 – Finance Director Roberts
presented a recommendation to adopt ordinance 46-06 as delineated in item 10l.
ORDINANCE 46-06 - AN ORDINANCE OF THE CITY OF WEST RICHLAND,
WASHINGTON, FIXING THE AMOUNT OF AD VALOREM TAX TO BE ASSESSED DURING
THE FISCAL YEAR ENDING DECEMBER 31, 2007
Upon motion by Councilmember Bleich, seconded by Councilmember Brown, Council adopted
ordinance 46-06 by majority vote with one opposition from Councilmember Johnson.
n. RES - Approving 2007-2012 Capital Improvement Plan for Parks (previously consent
agenda item 9f) – Councilmember Johnson asked for this item to be moved from the consent
agenda item because he had questions. He asked why Tree Planting under 2012/Parks specifies
the funding source as City Budget and others specify as General Fund. He asked if there is a
difference.
Public Works Director Slade responded that Tree Planting should specify General Fund and it
will be corrected.
Councilmember Johnson commented that Edgewater Park is not shown in the years 2007 or
2008 and he feels it should be considered due to the sale of park land that was approved tonight.
He asked if the Capital Improvement Plan for Parks document is fluid and was advised it is fluid,
but any future changes would be approved by Council.
Upon motion by Councilmember Johnson, seconded by Councilmember Dobbin, Council
unanimously adopted resolution 48-06, with the correction of funding source for Tree Planting
under 2012/Parks being changed to General Fund.
11. Unfinished Business – There was no unfinished business.
12. New Business – a. Staff Reports – Department Directors reported briefly on recent activities.
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Community Development Director Squires announced that Rick Wright was hired as the new City
building inspector.
Finance Director Roberts distributed information compiled by Assistant Finance Director Joe Potts
on utility discounts for disabled citizens. He said more information will be compiled and will be brought
to Council for discussion at a future meeting. He also commented on the 2006 3rd Quarter Revenue
and Expenditure Status documentation that was included in Council packets and said a budget
amendment will be brought to Council at the next meeting. Mr. Roberts advised Council that a future
budget workshop will be needed to discuss the budget amendment and proposed 2007 budget.
Council concurred that the additional budget discussion will occur during regular Council meetings even
if the discussion extends the time of the meeting.
City Administrator Panther announced a TRIDEC luncheon on November 14 with Dino Rossi as the
featured speaker.
City Administrator Panther commented on the cable television tax ordinance that was rejected at
this meeting. He said the proposed tax was presented in documentation distributed during the last
budget workshop and staff did not receive any feedback from Council at that time. To increase
efficiency, he requested that Council provide input and direction during budget workshops so staff
doesn’t spend time analyzing and working on recommendations and related documentation that
Council will not support.
13. Adjournment – The meeting adjourned at 9:07 p.m.
Dale E. Jackson, Mayor
Julie Richardson, City Clerk
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