CITY OF WEST RICHLAND
COUNCIL MEETING
Tuesday, September 5, 2006
1. Call to Order – Mayor Dale Jackson called the meeting to order at 7:00 p.m.
2. Roll Call – Mayor Dale Jackson and Mayor Pro Tem Nancy Aldrich were present. Council
Members Matthew Bleich, Gail Brown, Rich Buel, Kenneth 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 Attorney Terry Tanner and City Clerk Julie Richardson.
3. Pledge of Allegiance – Councilmember Johnson led the Council, Staff, and audience in the
recitation of the Pledge of Allegiance.
4. Approval of Agenda – Mayor Jackson advised of the addition of presentation of a proclamation
declaring September as Youth Soccer Month. Councilmember Johnson requested that item 8a be moved
from the consent agenda to item 8d and Councilmember Dobbin requested that item 8c be moved from
the consent agenda to item 8e.
Upon motion by Councilmember Buel, seconded by Councilmember Jones, Council unanimously approved
the agenda as revised.
5. Announcements, Reports & Comments – a. Council provided brief reports on recent events and
meetings they attended:
Councilmember Johnson expressed regret that the pond and Koi fish shop on Van Giesen was forced
to close due to a virus affecting the Koi fish.
Councilmember Johnson feels that Richland should not be allowed to extend their boundary over Dallas
Road towards West Richland. He requested that Council and the Mayor attend a meeting regarding the
Richland Urban Growth Boundary (UGA) being held on September 20, 2006 at 2:00 p.m. in the
Commissioner’s Meeting Room at the Benton County Justice Center. An alternative would be to write a
letter addressed to the County Planning Department, Box 910, Prosser, WA by 5:00 p.m. on September
19, 2006.
Councilmember Johnson inquired about the timeline of the West Richland Comprehensive Plan.
Community Development Director Squires invited Councilmember Johnson to meet with him for an
explanation of the timeline for the Comprehensive Plan.
Councilmember Buel reported on the Economic Development Board and their presentation regarding
preparation for the International Council of Shopping Centers (ICSC) Convention next year in Las Vegas.
The City is planning to be an exhibitor promoting the City at the next convention.
Councilmember Buel thanked Sudden Link Cable and Sound Solutions for their work to improve the cable
television transmission of Council Meetings.
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Councilmember Dobbin reported his attendance at a meeting of the Benton County Fire District 4
Commission before arriving at this meeting.
Councilmember Dobbin encouraged everyone to attend the Harvest Festival on Saturday, September 9
from 9:00 a.m. to 3:00 p.m.
Councilmember Dobbin reported on the joint Park Board Meeting hosted by the West Richland Park
Board on August 29, 2006. He said there were approximately 40 attendees from area Park Boards who
discussed joint efforts and reported on activities. He thanked Mayor Pro Tem Aldrich for speaking at the
meeting and commended Chris Kemp for his efforts in organizing the meeting.
Councilmember Dobbin said ballots were mailed and reminded everyone to vote.
Mayor Pro Tem Aldrich commended the West Richland Park Board. She also reminded all that school
has started and to drive safely.
Councilmember Jones thanked Benton County Fire District for sponsoring a joint meeting with City
Council and said the meeting was very productive. She also thanked Yokes Fresh Market employees and
management for their community barbeque.
Councilmember Brown reported on a meeting of the Home Base Connection Board which is a
collaboration of many agencies working on a 10 year plan to end homelessness in the area. She learned
that there are approximately 480 homeless people in the community on any given day and 280 are
children.
6. Citizen’s Public Comment – Mayor Jackson opened the meeting to citizen comments at 7:15 p.m.
Carol Bachman, 1722 Riverside Drive spoke about the need for an additional baseball field in West
Richland and asked if the City has lost the Elks Baseball Field and if another ball field will be provided.
Mayor Jackson advised that the City Council made the decision to excess the Elks Field property. He
said the City’s intention is to pursue grants and complete the construction at Bombing Range Sports
Complex, including an additional baseball field. This year, the City was not awarded grant money, but
will continue pursuing the grant funds. The parks in the City are part of the hallmark of West Richland
and the City is working on resources to maintain and expand parks in the City.
Ms. Bachman asked if there is something the Little League board can do to help the Council to help the
League in helping the community and its children.
Mayor Jackson suggested having a representative attend Park Board Meetings, meet with the Public
Works Director and invited her to meet with City Administrator Panther.
Public Works Director Slade advised that Jason Moore, from Little League, has ongoing contact with
the City and will be able to update the Little League Board.
Councilmember Johnson asked what impact losing Elks Field will have on Little League.
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Ms. Bachman advised that the field is not up to code so games are not played on the field, but the
league is willing to spend money to upgrade the field. She feels it would be advantageous if Little
League and the City maintain the Elks Field and it would be beneficial to the City for use as a regulation
ball park.
Dawn and Sammie Workman, 2421 South 38th, said she was told that the City is selling the golf
course to build houses in its place and is concerned because she feels it is important to provide
affordable, safe activities to prevent unhealthy behaviors in children and teens.
Mayor Jackson advised that City Council agreed to sell the property that is the golf course, but that
does not mean a golf course will not be there and continue to operate. It is not the intention to try to
eliminate a golf course, but the Council decided that operating a golf course is not the best business for
the City to be engaged in at this time.
Councilmember Johnson stated that he is not in favor of selling the West Richland Golf Course. He
feels that when the City has public property, it should be kept and maintained.
Johann Curtis, 2507 South Highlands Blvd., (regarding the Elks Field) said it is very important for
economic development to have quality of life available for citizens who want to move, build and continue
to remain in West Richland. She referred to a staff report that excluded 3.6 acres along the frontage of
Fallon Drive and excluded the Little League Field as not part of the sale. She thought the intent in
August 2005 was not to sell the Little League Field, but leave as a baseball field or park. She said there
is no other park land for that area and the only way to received public dollars is to have public property
to reinvest in and one of the intentions of the City Council is a Van Giesen in-field project.
7.
Presentations – Vince Julius was presented with a plaque for his 16 years of service on the West
Richland Civil Service Commission.
Kuo-Ying Townsend was presented with an Architectural Excellence Award for the new Washington
State Liquor Store building and landscaping on Van Giesen Street.
Judi Nelson was presented with a Civic and Community Improvement Award for her donations and
support of the animal shelter.
City Clerk Richardson read a proclamation declaring September as Youth Soccer month in West Richland.
Mayor Jackson presented the proclamation to Christina Stout of the Tri-Cities Youth Soccer Association.
8.
Consent Agenda – Upon a motion by Mayor Pro Tem Aldrich, seconded by Councilmember Jones,
Council unanimously approved the consent agenda as revised in item 4.
a. This item was moved to item 9d.
b. Motion to Approve Minutes of Council Meeting of August 21, 2006 and Special Joint
Council/BCFD 4 meeting of August 22, 2006
c. This item moved to item 9e.
d. Motion to Approve Mayor’s Appointment to the Planning Commission
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e. Motion to Approve Petition to Add Lands to the Columbia Irrigation District
f. RES – Setting Public Hearing Date – Amended Lattin Road Annexation
RESOLUTION 40-06 - A RESOLUTION OF THE CITY OF WEST RICHLAND,
WASHINGTON, SETTING A PUBLIC HEARING TO CONSIDER THE ANNEXATION OF
CERTAIN PROPERTIES BETWEEN KEENE ROAD AND WEST LATTIN ROAD
g. RES – Setting Public Hearing Date – West Lattin Road Rezone
RESOLUTION 41-06 - A RESOLUTION OF THE CITY OF WEST RICHLAND,
WASHINGTON, SETTING A PUBLIC HEARING TO CONSIDER REZONING
APPROXIMATELY 56 ACRES BETWEEN KEENE ROAD AND WEST LATTIN ROAD
h
RES – Setting Public Hearing Date – Consider Amendments to Chapter 18.16, “Flood
Damage Prevention,” of the West Richland Municipal Code
RESOLUTION 42-06 - A RESOLUTION OF THE CITY OF WEST RICHLAND,
WASHINGTON, SETTING A PUBLIC HEARING TO CONSIDER AMENDMENTS TO
WEST RICHLAND MUNICIPAL CODE CHAPTER 18.16, FLOOD DAMAGE PREVENTION
9.
Ordinances, Resolutions, Motions & Public Hearings - a. ORD
–
Granting
25-Year
Nonexclusive Franchise Agreement to Benton Rural Electric Association (BREA) – Public
Works Director Slade presented a recommendation to authorize the Mayor to sign and execute an
ordinance granting Benton Rural Electric Association a 25-year franchise agreement for electrical service.
Public Works Director Slade noted that the City currently has a nonexclusive franchise agreement with
BREA (expires 2014) for supplying electrical services to West Richland residents. City Staff approached
BREA in late 2005 to discuss operational costs of the City’s street lights. BREA was interested in assisting
the City to mitigate the impact to the street fund if the franchise agreement could be extended to provide
BREA surety of continued electrical service to West Richland residents. City Staff and BREA negotiated a
25 year nonexclusive franchise agreement for providing electrical services until 2031. The proposed
franchise agreement has been reviewed by the Utility Committee and City Attorney. BREA’s Board of
Directors unanimously approved the proposed franchise agreement at their August 30, 2006 meeting.
ORDINANCE 35-06 - AN ORDINANCE OF THE CITY OF WEST RICHLAND,
WASHINGTON, GRANTING BENTON RURAL ELECTRIC ASSOCIATION, A
WASHINGTON NON-PROFIT CORPORATION, ITS SUCCESSORS, GRANTEES AND
ASSIGNS THE NONEXCLUSIVE RIGHT, PRIVILEGE, AUTHORITY AND FRANCHISE TO
SET, ERECT, CONSTRUCT, SUPPORT, ATTACH, CONNECT OPERATE, MAINTAIN,
REMOVE, REPLACE, REPAIR AND USE FACILTIES, INCLUDING COMMUNICATION
SYSTEMS, IN, UPON, UNDER, ALONG, AND ACROSS THE FRANCHISE AREA FOR
PURPOSES OF TRANSMISSION, DISTRIBUTION AND SALE OF ELECTRICAL ENERGY
FOR POWER, HEAT, LIGHT AND ANY OTHER PURPOSE FOR WHICH SUCH ENERGY
CAN BE USED
Upon motion by Councilmember Buel, seconded by Councilmember Brown, Council unanimously
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adopted ordinance 35-06.
b. Motion Adopt Approve Street Light Operations & Maintenance Agreement with Benton
Rural Electric Association (BREA)– Public Works Director Slade presented a recommendation
to authorize the Mayor to sign and execute a street light operation and maintenance agreement with
Benton Rural Electric Association. Public Works Director Slade noted that effective October 4, 2004,
the City and BREA entered into a 20 year street light operation and maintenance agreement. As part
of the negotiations with BREA on a new 25 year franchise agreement (item 9a), the street light
operation and maintenance agreement was reviewed and updated. The new agreement contains
provisions for BREA to conduct the final inspection of street lights and associated wiring installed by
third parties at no cost to the City. BREA’s Board of Directors unanimously approved the agreement
during their August 30, 2006 meeting.
Upon motion by Councilmember Bleich, seconded by Councilmember Brown, Council unanimously
approved a street light operations and maintenance agreement with Benton Rural Electric.
c. Motion to Approve Services Agreement with Benton Rural Electric Association –
Public Works Director Slade - presented a recommendation to authorize the Mayor to sign
and execute the agreement for provision of certain services with BREA. Public Works Director
Slade noted that as part of the negotiations on a new 25 year franchise agreement (item 9a), a
provision of certain services agreement was drafted in consideration of the franchise agreement.
This agreement provides the City with a $2,500 monthly credit against electric services for street
lights, use of the BREA Ruralite magazine to disseminate City information at no charge, BREA
web hosting services if and when they are offered, and broadband internet service to City
facilities at no charge. BREA’s Board of Directors unanimously approved the agreement at their
August 30, 2006 meeting.
Upon motion by Councilmember Bleich, seconded by Councilmember Brown, Council unanimously
approved a services agreement with Benton Rural Electric Association.
d.
Motion to Approve Payment of Bills – (previously item 8a)
66,784.24
001
General Fund
101
Streets
103
General Cumulative Reserve
105
Criminal Justice
7,154.34
121
Library Services
81.99
318
Capital Improvement – Water System Improvements
43,873.93
358
Capital Improvement – NWTP Expansion Construction
8,993.23
365
Capital Improvement – Keene Rd Ph 2,3
56,553.74
370
Capital Improvement – Paradise Way Ext.
26,819.53
401
Water Sewer Irrigation
28,675.99
621
Treasurer’s Trust
5,549.90
153.00
521.52
Total
$245,161.41
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Councilmember Johnson expressed concern of the City’s legal fees, specifically $9,000 shown in
the accounts payable ledger dated September 5, 2006 and said golf course litigation is budgeted for
$12,000 and this year’s total is approximately $48,000.
Finance Director Roberts explained that the majority of legal fees are for prosecuting criminal
action. ($6,000 of the $9,000 on this ledger). The next highest cost is for general legal assistance,
including attendance at Council meetings, assistance with disclosure issues, and certain other
litigation items ($2,000 on this ledger) third is the golf course litigation ($153 on this ledger). There
is also a line item (401) related to the utility fund, which is for water litigation related to water rights.
Councilmember Johnson wants to ensure that when he signs for the bills, he is not signing for
something that is way out-of-line so is concerned about the legal fees.
Finance Director Roberts advised that when signing the vouchers, Council is approving payment
for services that been rendered. He also explained the budget is adopted on a fund basis in a
department within a fund and the department containing legal costs is the general administrative
services. He said a budget amendment will be required in the future.
Mayor Jackson said there is uncertainty in operating a City and when legal action may be needed
to prosecute a criminal or civil matter or when the City will be required to defend itself.
He
explained how the City looks historically at what was previously spent when building a budget.
Mayor Pro Tem Aldrich commented that she was concerned about the amount spent on legal fees
so discussed with City Administrator Panther the possibility of opening a position within the City for a
City Attorney. But, a City Attorney would also need support staff which would add to the cost, so
found it would not be cost effective at this time.
Mayor Jackson commented that he analyzed and researched the idea of hiring a City Attorney and
concluded it would not be beneficial at this time.
Upon Motion by Mayor Pro Tem Aldrich, seconded by Councilmember Brown, Council unanimously
approved the payment of the bills.
e. ORD – Repealing Title 20, “Telecommunications,” of the West Richland Municipal Code
Councilmember Dobbin reminded Council that at the last meeting, he asked Staff to provide
telecommunication licensing agreements for his review to ensure that the agreements contain the
information currently in the code. He found that some of the licensing agreements refer to the
municipal code. He requested that all Council Members be provided with copies of the agreements
for their review and continue the ordinance adoption until the next meeting.
Mayor Jackson deferred to City Attorney Tanner for determining whether the agreements are
dependent on Title 20. He asked if delaying the decision to the next meeting would be harmful to
the City and if there is urgency in adopting the ordinance.
City Attorney Tanner replied there is no urgency other than the continuing possibility of
inconsistent application of the West Richland Municipal Code to people applying for permits.
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Councilmember Dobbin moved to table item 9e, ORD – Repealing Title 20,
“Telecommunications,” of the West Richland Municipal Code to the next regular Council Meeting.
Councilmember Jones seconded the motion and it passed unanimously.
10.
Unfinished Business – There was no unfinished business.
11.
New Business – a. Staff Reports – Department Directors reported briefly on recent activities.
Finance Director Roberts notified Council that the Annual Inflationary Adjustment from Ed’s
Disposal for this year is 2.16%, which equals a 33 cent increase on residential bills. He also advised
that the auditors are requesting information for their audit of 2005. The cost of the audit is
approximately $20,000.
Finance Director Roberts announced the Budget Workshop on September 11 at 7:00 p.m.
Public Works Director Slade announced the City received an award, “Best Eastern Washington
City Project for 2005,” for Keene Road Phase I from the Washington Asphalt Pavement Association.
City Attorney Tanner announced an executive session to discuss litigation and real estate.
City Administrator Panther, in response to a question raised at the Benton County Fire District
4/Council joint meeting, said the City does not pay property taxes, but does pay an assessment to
Noxious Weed Control and Benton County Mosquito Control.
City Administrator Panther announced that Finance Director Roberts received an award for Excellence
in Budgeting from the State of Washington for the 2006 budget.
City Administrator Panther reported on the Benton County Emergency Management Meeting from
Thursday, August 31 and said budget preparation for SECOMM (9-1-1- Center) is in progress.
City Administrator Panther advised that he submitted a letter of support to TRIDEC, along with the
Resolution that Council adopted at the last meeting in support of Global Nuclear Energy Partnership
(GNEP).
12.
Executive Session – Council adjourned to Executive Session not to exceed 30 minutes at 8:03
p.m.
Executive Session was extended for an additional 30 minutes at 8:33 p.m. The Executive Session
was extended for an additional 5 minutes at 9:03 p.m.
The meeting reconvened at 9:08 p.m. and Mayor Jackson announced there would be no action taken
and no further items of discussion.
13.
Adjournment – The meeting was adjourned at 9:08 p.m.
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Dale E. Jackson, Mayor
Julie Richardson, City Clerk
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