Special City Council Meeting

City Of Prosser CITY COUNCIL SPECIAL MEETING AGENDA Council Chambers, 1002 Dudley Avenue, Prosser WA 99350 Tuesday, April 5, 2022 @ 7:00 PM Per Ordinance 21-3146, all City Council meetings will be held remotely until further notice. The City asks all members of the public that wish to comment on Council agenda items, to please contact City Clerk, Rachel Shaw via email at rshaw@ci.prosser.wa.us or by phone at (509) 786-8218, no later than 4:00 p.m., the day of the meeting. Please state your first and last name, city of residence and the agenda item you wish to comment on. To join the meeting, please click on the following link from your computer, tablet or smartphone: https://global.gotomeeting.com/join/521570213 You can also dial in using your phone: United States: +1 (872) 240-3412 Access Code: 521-570-213 New to GoToMeeting? Get the app now and be ready when the meeting starts: https://global.gotomeeting.com/install/521570213 Page 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA 5. CITIZEN PARTICIPATION 6. MAYOR AND CITY COUNCIL REPORTS AND COMMENTS a. 2022 Back the Blue Proclamation 3-4 Proclamation 7. CITY ADMINISTRATOR REPORTS AND COMMENTS a. Benton-Franklin Council of Governments Annual Report (Michelle Holt, 5 - 20 BFCOG Executive Director) BFCOG Presentation b. 2022 TBEX North America Conference (John-Paul Estey, Chamber of 21 - 23 Commerce Executive Director) The first Ordinance passed will be Ordinance 22-3172 The first Resolution passed will be Resolution 22-1698 Page 1 of 29  TBEX Conference 8. COUNCIL ACTION a. Consider Resolution Setting a Public Hearing for April 26, 2022, Regarding the 24 - 29 Vacation of a portion of Grant Avenue. Resolution Adopt Resolution No. 22-_____ setting a public hearing for April 26, 2022, regarding the vacation of a portion of Grant Avenue. 9. COUNCIL DISCUSSION 10. ADJOURNMENT The first Ordinance passed will be Ordinance 22-3172 The first Resolution passed will be Resolution 22-1698 Page 2 of 29  Proclamation WHEREAS, the officers of the Police Department of the City of Prosser along with law enforcement officers of the region proudly partner with area residents to ensure safety in our community; and WHEREAS, these officers act in a selfless manner to protect and serve the residents of our region on a daily basis; and WHEREAS, the Garden TriCities of Kennewick is hosting a Law Enforcement Appreciation Day called Back the Blue as a show of support for law enforcement officers, active and retired, and their families. NOW, THEREFORE, BE IT RESOLVED that I, Randy Taylor, Mayor of the City of Prosser, Washington, and the City Council do hereby proclaim April 9, 2022, to be “Back the Blue Day” in Prosser, and I urge all citizens to support local and regional law enforcement. ___________________________________________ Mayor Randy Taylor ___________________________________________ City Clerk Rachel Shaw This 5th day of April, 2022. Page 3 of 29  BACK THE BLUE @ THE 6:30PM SATURDAY, APRIL 9 ANNUAL BACK THE BLUE LAW ENFORCEMENT APPRECIATION AT THE GARDEN 6811 W Okanogan Place, Kennewick Current and retired law enforcement officers and their families are invited to a special time dedicated to those who protect and serve. Join us on our patio for food, music and fun and a brief message of thanks from lead pastor, Thom Fields. To-go boxes will be available for those who need to grab and go! We support our law enforcement and their families! Food and activities are free for everyone, with no strings attached…just like God’s love! Details on our website at www.thegardentricities.com and our Facebook page: The Garden TriCities THE GARDEN • 6811 WEST OKANOGAN PLACE • KENNEWICK 509/735-1650 INFO@THEGARDENTRICITIES.COM THEGARDENTRICITIES.COM Page 4 of 29  Solutions for Shared Regional Problems Benton-Franklin Council of Governments convenes local governments to collaboratively plan, fund and administer solutions to shared community needs. BFCOG facilitates the flow of state and federal funds into the region for transportation and economic development through planning activities and administration of related programs. Benton-Franklin Council of Governments (BFCOG) was established by voluntary association of the local units of government in 1966 with the vision of providing a forum for improved communication, multi- jurisdictional decision making, regional planning, and lead agency capacity for provision of multi- jurisdictional programs. The services currently provided to the Member Jurisdictions is outlined by Interlocal Agreement and can evolve with the needs of the Member Jurisdictions. BFCOG currently fulfills the following designations on behalf of the Benton-Franklin region: • Regional Planning Commission (RCW 36.70.60) • Conference of Governments (RCW 36.64.80) Just since 2017, federal and state • Regional Transportation Planning Organization (RCW 47.80.20) Transportation • Metropolitan Planning Organization/Transportation (FHWA/FTA/WSDOT) and Management Area (Federal Highway Administration, Federal Economic Development (EDA) Transit Administration) programs have provided direct • Economic Development District (US Department of Commerce, project funding to local Economic Development Administration) jurisdictions of $41.9M compared to the combined local assessment Summary of Support Provided to: City of Prosser invested of just $1.13M. That’s an average of $37 return for Transportation Planning & Funding: every $1 of local funds invested • $762,295 in Transportation Project funding 2017 – 2023 in support of BFCOG! • Old Inland Empire Highway Improvements Economic Development: • Prosser Entry, Pathway & Steps with Street Crossings; Multi-purpose Event Grounds; Aquatic Center Heater Replacement; City Park Playground Replacement; Police Station/City Hall; Hillside Acquisition/Open Space Preservation; WWTP Belt Filter Press-Sludge Dewatering; Milne Industrial Sewer Main Improvement and Lift Station Projects inclusion in the 2021 Comprehensive Economic Development Strategy document to support the acquisition of future project funding. • USDA Rural Business Development Grant Letter of Support & Certification • Facilitation of quarterly meeting opportunities with Congressional Delegation staff. Fiscal Impact to: City of Prosser 2022 Dues Assessment: $4,043 (Federal Matching Only – 1.55% of Assessment Budget) • Total Assessment Investment since 1997: $89,652 • 5 Year ROI: $35 return for every $1 Invested Page 5 of 29 2021 BFCOG Highlights Hired new Executive Director, Michelle Holt to Lead Organization Obligated $7.4M to Local Transportation Projects Secured 3-Year, $600,000 EPA Brownfields Coalition Assessment Grant Completed 2021-2025 Comprehensive Economic Development Strategy (CEDS) incorporating regional jurisdictional projects and existing economic studies Received $1.14 million in CARES Act Funding for Revolving Loans Distributed $450,000 in New Revolving Loans Received $400,000 in CARES/Covid Relief Funds Supporting Economic Recovery and Resiliency Planning Adopted 2022-2023 Unified Planning Work Program (UPWP) for MPO/RTPO with $2.57M Budget for Planning Programs Actively Updating 2045 Metropolitan Transportation Plan (MTP) Conducted Regional Social Vulnerability Emphasis Area Analysis Provided over 100 Technical Assistance Services for Regional Jurisdictions Ongoing Facilitation of Bi-monthly Congressional Meetings with Jurisdictions Serving as Record of Information Source for Congressional Information from Senator’s Murray and Cantwell’s Offices Updated Regional Traffic Count Data for 600 + Locations Updated Travel Demand and Land Use Modeling Data Conducted over 35 Modeling and Mapping Services for Jurisdictions and Developers Contracted Support Service to Tri City Regional PFD and Benton County PFD Distributed over 1,500 updated Regional Bike Maps (English and Spanish) SAO Audits Completed with No Findings for FY2019 and FY2020 Page 6 of 29  Ongoing Planning Services, Data Collection and Technical Support provided by BFCOG Metropolitan Planning Organization/Regional Transportation Planning Organization Call for Projects: Funding Allocation makes available roughly $5M annually to local jurisdictions for local multi-modal projects through a competitive process in cooperation with WSDOT. This funding is only available to jurisdictions through the local MPO. Comprehensive Plan Growth Management Act Certification: Review of the transportation element of local jurisdiction comp plans to ensure consistency with GMA requirements, then issue required GMA certification. Travel Demand Modeling Data and Land Use Scenarios for developments and comprehensive planning is provided to local jurisdictions and regularly updated on behalf of the region. This service would have to be procured by each individual jurisdiction if not provided by BFCOG. Regional Traffic Count Program collects data from over 630 regional locations identified by Jurisdictions including average daily traffic, vehicle type, peak hour flows, freight data, etc. This information is used by local Jurisdictions for impact assessment for proposed new developments, among other things. Transportation Improvement Program (TIP) Assistance is provided to local jurisdictions to ensure projects are entered into the WSDOT project software. Projects not entered are not eligible for state or federal pass-through funds. Regional Transportation Priorities is an annually compiled list of collaborative transportation projects for the Tri-Cities region highlighting the highest priority projects as adopted by the BFCOG. This listing is useful to local, state, and federal agencies in accomplishing planning tasks and provides information to support pursuit of projects and funding including grant applications. Active Transportation Planning provides comprehensive bicycle and pedestrian planning for the region. The most recent Regional Active Transportation Plan provided a Level of Traffic Stress (LTS) rating for all roads in the region and a best practices toolbox section to help implement multimodal improvements. Federal Functional Classification (FFC) Reclassification requires coordination with local jurisdictions ensuring that desired roadway reclassification meet regional transportation goals. Without BFCOG it would fall to each individual jurisdiction to ensure their roadways do not interfere with other local jurisdictions roadways. Congestion Management Process (CMP) provides a shared vision, goals objectives and strategies for the region to guide future improvements for all forms of transportation. The CMP involves developing objectives and performance measures to support those objectives, data collection and analysis, identification of strategies, and evaluation of effective strategy implementation all for the purpose of planning for effective congestion management. As a migratory region with commute regularly between closely located communities, this is an important regional undertaking. Page 7 of 29 Human Services Transportation Plan (HSTP) ensures coordinated transportation planning between local agencies, WSDOT, MPO and the community at large to improve transportation services for persons with special needs, those who are unable to transport themselves through physical or mental limitations, income, or age. Projects identified in the HSTP are eligible for funding through a statewide selection process known as the Consolidated Grant Program. Metropolitan Transportation Plan (MTP) is a long range, multi-modal planning document that identifies the mobility needs of the region for 20+ years. It provides a policy framework for the investment of anticipated federal, state, and local funds based on the projected needs, regional goals and objectives. Transportation projects that are not part of the MTP are not eligible for state and federal transportation funding. Title VI/Equity Plan provides important regional data analysis related to equity and transportation. Additional services available upon request by local jurisdictions include Land Use Planning, Land Suitability Analysis, Mapping Services, and Equity Data Support. Economic Development District Comprehensive Economic Development Strategy (CEDS) is produced by BFCOG on behalf of the region. The CEDS, which showcases projects and regional economic areas of emphasis, is a requirement of the Economic Development Administration (EDA) to support investment of EDA grant funding in the region. Since 2009 more than $12M has been invested by the EDA for projects in this region. Economic Resiliency and Recovery is a new addition to the CEDS. BFCOG coordinates with local jurisdictions and state/federal agencies to evaluate and recommend resiliency and recovery planning to coincide with regional emergency planning. COVID-19 has highlighted nationally how unprepared communities are to effect economic resilience and recovery during and after a disaster. Funding Technical Assistance is provided to local jurisdictions to facilitate the flow of state and federal funding into the region through grants and ongoing programs. EDA has over $3.5B available nationally for community building programs. Each of the programs strongly advocates partnership with the local Economic Development District for consideration. 2021’s federal Infrastructure Investments and Jobs Act includes significant funding opportunities, especially in the Transportation sector. Regional Revolving Loan Funds are administered by BFCOG, with over $1M currently available for loan to spur economic growth. Since inception, these loan funds have funded $16.3M in loans for more than 177 small businesses throughout the region. Lead Agency Capability is available for BFCOG to by the applicant and administrator for state or federal programs that allow collaboration and impact to more than one jurisdiction in the region. One such program is the EPA Brownfields Program where BFCOG was awarded a $600K competitive grant for Brownfields Assessments across the region. Regional Brownfields Program is a new initiative to identify and prioritize brownfield sites to facilitate potential redevelopment or reuse through environmental assessment, remediation, and site-specific planning. An environmental consulting firm has been contracted to support these activities and identification of other funding support for related activities. Equity Analysis/Data Support can be provided including data and third-party analysis to support the new expectations of the WA “HEAL” Act and increasing federal funding requirements. Page 8 of 29  Michelle Holt, Executive Director Page 9 of 29  Benton-Franklin Council of Governments Benton-Franklin Council of Governments (BFCOG) was established by voluntary association of the local units of government in 1966 with the vision of providing a forum for improved communication, multi-jurisdictional decision making, regional planning, and lead agency capacity for provision of multi- jurisdictional programs. The services currently provided to the member jurisdictions are outlined by Interlocal Agreement and can evolve with the needs of the region. BFCOG currently fulfills the following designations on behalf of the Benton-Franklin region: • Regional Planning Commission (RCW 36.70.60) • Conference/Council of Governments (RCW 36.64.80) • Regional Transportation Planning Organization (RCW 47.80.20) (WSDOT) • Metropolitan Planning Organization/Transportation Management Area (Federal Highway Administration, Federal Transit Administration) • Economic Development District (US Department of Commerce, Economic Development Administration) Page 10 of 29  What is a Council of Governments? Council of Governments –We exist to study regional and governmental problems of mutual interest and concern, to formulate recommendations for review and action by member jurisdictions legislative bodies. (RCW 36.54.080) Councils of Governments are unique, reflecting the needs of their respective regional needs. Page 11 of 29 Page 12 of 29 Page 13 of 29  Call for Projects Funding Allocation makes available roughly $5M annually to local jurisdictions for local multi-modal projects through a competitive process in cooperation with WSDOT. This funding is only available to jurisdictions through the local MPO. Metropolitan Transportation Plan (MTP) is a long range, multi-modal planning document that identifies the mobility needs of the region for 20+ years. It provides a policy framework for the investment of anticipated federal, state, and local funds based on the anticipated needs and regional goals and objective. Transportation projects that are not part of the MTP Comprehensive Plan Growth Management Act Certification: are not eligible for state and federal transportation funding. Review of the transportation element of local jurisdiction comp plans to ensure consistency with GMA requirements, then issue required Transportation Improvement Program (TIP) Assistance is GMA certification. provided to local jurisdictions to ensure projects are entered into the WSDOT project software. Projects not entered are not Travel Demand Modeling Data and Land Use Scenarios for eligible for state or federal/state pass through funds. developments and comprehensive planning is provided to local Regional Transportation Priorities is an annually compiled list jurisdictions and regularly updated on behalf of the region. This of collaborative transportation projects for the Tri-Cities region service would have to be procured by each individual jurisdiction if highlighting the highest priority projects as adopted by the not provided by BFCOG. BFCOG. This listing is useful to local, state, and federal agencies in accomplishing planning tasks and provides Additional services available upon request by local jurisdictions information to support pursuit of projects and funding including include Land Use Planning, Land Suitability Analysis, Mapping Page 14 of 29 grant applications. Services, and Equity Data Support.  Comprehensive Economic Development Strategy (CEDS) is produced by BFCOG on behalf of the region. The CEDS, which showcases projects and regional economic areas of emphasis, is a requirement of the Economic Development Administration (EDA) to support investment of EDA grant funding in the region. Since 2009 more than $12.5M has been invested by the EDA for projects in this region. Regional Revolving Loan Funds are administered by BFOCG, with over $1M currently available for loan to spur economic growth. Since inception, these loan funds have funded $16.4M Lead Agency Capability is available for BFCOG to by the applicant loans through 177 small businesses loans throughout the and administrator for state or federal programs that allow region. collaboration and impact to more than one jurisdiction in the region. One such program is the EPA Brownfields Program where BFCOG Funding Technical Assistance is provided to local jurisdictions was awarded a $600K competitive grant for Brownfields to facilitate the flow of state and federal funding into the region Assessments across the region. through grants and ongoing programs. We do this by providing education and networking with program administrators like EDA Regional Brownfields Program is a new initiative to identify and – which has over $3.5B available nationally for community prioritize brownfield sites to facilitate potential redevelopment or building programs. The IIJA is filled with funding opportunities. reuse through environmental assessment, remediation, and site- BFCOG is the Notice of Record resource for Sen. Murray and specific planning. An environmental consulting firm has been Cantwell’s offices for dissemination of federal Notice of Funding contracted to support these activities and identification of other Page 15 of 29 Opportunities (NOFO) to regional jurisdictions. funding support for related activities.  Funding Sources BFCOG receives operating revenues through 4 funding sources. • Renewing Program Funding (Grants/Federal & State Allocations) • Single Opportunity Grants (Direct/Lead Agency) • Contracted Services • Local Funds (Jurisdictional Member Assessments) Renewing Program Funding – Per Biennium Economic Development Administration Funding – 100% Local Federal Transportation Funding – 13.5% Local Match Required Match Required Federal Highway Administration Planning Program (FHAPL) -$384,000* Comprehensive Economic Development Strategy Planning Grant (CEDS) Renewable 3-Year $225K grant ($75K per year) to produce Federal Transit Administration 5303 Program (FTA5303) - $134,400* and update the CEDS, which EDA uses to determine potential Surface Transportation Block Grant (STBG) - $279,800* economic impact related to EDA grant making within the region. *This process allocates roughly $5M annually to local transportation Since 2009 $12.5M in EDA grants have been awarded in our region projects in the region through competitive call for projects. to the benefit of the cities of West Richland, Pasco & Connell, and all three of the Ports for infrastructure projects. WSDOT RTPO Funding (No Local Match Required) - $247,500* Page 16 of 29 (*Annual amounts can vary due to funder allocation changes and carry-over funds)  Funding Sources Contracted Services Single Opportunity Grants • RCW 39.34.010, BFCOG can enter into a cooperative • Awarded directly to BFCOG for a program that is part of the contracting agreement with any other local government BFCOG mission or awarded to BFCOG as “Lead Agency” on entity for the purpose of mutual advantage to provide behalf of one or more local jurisdictions. services and facilities that accord with factors influencing the needs and development of local communities. Direct Grant Award Example – EDA Covid Relief Grant 2020 Benton County PFD & Tri-City Regional PFD BFCOG received $400,000 to provide economic and environmental Administration resiliency support and to add economic resiliency planning into the CEDS. These funds were used to hire our Economic Recovery BFCOG provides administrative support for two Public Coordinator Position. This funding expires in June 2021. ARPA Facilities Districts. This provides only a nominal source of Requests Pending revenue as these two districts require a minimal time on behalf of BFCOG staff. Lead Agency Grant Award Example – EPA Brownfields Coalition Annually this is less than $2,500 total and minimal net revenue. Assessment Grant BFCOG received a 3-Year, $600,000 grant to work with a local coalition made up of cities of Kennewick, Pasco & Richland to identify, rank by potential economic impact, and assess multiple Brownfield properties within the Benton-Franklin region. A ranking Page 17 of 29 and selection criteria will determine sites to be assessed and is open to properties within Benton or Franklin counties.  Funding Sources Important Note About Local Funds BFCOG has limited its annual dues to Local Funds only those funds required for required • As part of the BFCOG Interlocal Agreement, member jurisdictions program matching for many years. agree to fund the operations of BFCOG. Local funds are required to balance the organizational budget after all other forms of BFCOG has operated with limited funding have been applied. operational staff, subsidizing overhead FY2022 Local Funding Total - $260,774 expenses, when necessary, from its reserve funds, which have been nearly depleted. Federal Transportation Programs – 13.5% Local Match The only source of operational funds WSDOT RTPO Program – No Required Local Match beyond what is recouped through CEDS Planning Grant – 100% Local Match ($75K per year*) indirect rates on our federal programs No other current program funding requires a local match. BFCOG are local funds. board must approve any grant application that would require local matching dollars on behalf of the jurisdiction members. Page 18 of 29  Support Summary Summary of Support Provided to: City of Prosser Transportation Planning & Funding: • $762,295 in Transportation Project funding 2017 – 2023 • Old Inland Empire Highway Improvements Economic Development: • Prosser Entry, Pathway & Steps with Street Crossings; Multi-purpose Event Grounds; Aquatic Center Heater Replacement; City Park Playground Replacement; Police Station/City Hall; Hillside Acquisition/Open Space Preservation; WWTP Belt Filter Press-Sludge Dewatering; Milne Industrial Sewer Main Improvement and Lift Station Projects inclusion in the 2021 Comprehensive Economic Development Strategy document to support the acquisition of future project funding. • USDA Rural Business Development Grant Letter of Support & Certification • Facilitation of quarterly meeting opportunities with Congressional Delegation staff. Fiscal Impact to: City of Prosser 2022 Dues Assessment: $4,043 (Federal Matching Only – 1.55% of Assessment Budget) • Total Assessment Investment since 1997: $89,652 • 5 Year ROI: $35 return for every $1 Invested Page 19 of 29 Questions? Page 20 of 29  TBEX North America 2021 Tri-Cities, WA October 12 – 14, 2021 April 19 – 21, 2022 TBEX By the Numbers TBEX is the largest conference and networking event for travel writers, online travel journalists, new media content creators, travel brands and industry professionals. Each year, TBEX partners with fantastic host destinations in North America, Europe, and Asia Pacific to bring the travel industry’s most creative minds together to learn, network and do business. TBEX 2021 North America is expected to attract approximately 300-350 content creators to the Tri-Cities with an online reach of more than 300 million globally. The TBEX community includes thousands of travel creators. Attendees generate hundreds of millions of impressions reaching tens of millions of travelers, via traditional media channels, blogs, podcasts, photos, videos, YouTube, WebTV and social networks including Facebook, Twitter, Pinterest, Instagram, Google + and more. Numerous TBEX attendees also represent traditional media outlets. • Most Host Destinations report that TBEX delivers between 5 to 20 years of their normal press trip impact. • TBEX attracts the world’s top travel creators, to create content for destinations that normally charge thousands or even tens of thousands of dollars each. Previous TBEX North America Host Destination Results YEAR Location Attendance TBEX TBEX TBEX TBEX Tweets REACH Contributors Exposure 2019 Billings, MT 493 13K 36.8M 1.2K 127.9M 2018 Finger Lakes, NY 643 36.2K 44.3M 6.4K 96.5M 2017 Huntsville, AL 475 30.7K 47.9M 7.9K 98.7M 2016 Bloomington, MN 533 17.4K 40.6M 6K 151.2M 2015 Ft. Lauderdale, FL 693 35.3K 21.4M 6.9K 95M 2014 Cancun, Mexico 550 19.2K 20.6M 3.7K 152.67 Reach is the total number of unique Twitter users that received tweets about the search term. Exposure is the total number of times tweets about the search term were received by users. What type of New Media do TBEX Attendees Produce? Blog 96.07% eBooks 24.72% Social Network 86.52% Podcast 7.87% Photography 67.87% Online Forum 6.74% Web TV/IPTV/Internet Video 26.7% Other 4.4% What is their focus? Adventure Back Packing Bicycling 54% 43% 15% Arts & Culture 66% Budget 53% Page 21 of 29  Business Travel 17% Flashpacking 23% Solo 56% Couples Hiking 28% Spa Vacation 23% 30% Hostelling 29% Voluntourism 17% Cruising LBGT 4% Walking Tours 36% 21% Luxury 39% Wedding 10% Culinary 41% Mature/Senior 13% Women’s Travel 49% Eco-Travel 30% Other 18% Family Friendly 20% How many people does a TBEX Attendee reach? Less than 2.5K 33.20% 100-250K 3.9% 2.5-5K 21.40% 250-500K 1.7% 5-10K 13.5% 500-1 Million 2.8% 10-50K 16.9% 2-3 Million 1.1% 50-100K 3.4% 4 Million+ 2.3% Content created from previous TBEX Events: Billings, MT https://tbexcon.com/blog/link-round-up-tbex-north-america-2019/ Finger Lakes, NY https://tbexcon.com/blog/link-round-up-for-tbex-north-america-2018-in-finger-lakes-new-york/ Huntsville, AL https://tbexcon.com/blog/link-round-up-for-tbex-north-america-2017-in-huntsville-alabama/ Page 22 of 29  Prosser Post-TBEX Activity/Tour We will begin with a walking tour of Historic Downtown Prosser, highlighting our 101 year old Princess Theater, historic buildings, murals, with stops for tastings at three micro breweries in the downtown core. During the tour we will share some of the history of Prosser as well as the importance of agriculture to our area. approx. 2hrs. Stop by Chukar Cherries for a tour and tasting. approx. 1hr. Short ride to Vintner’s Village, home to 10 of our 30+ wineries. Here we will offer a progressive dinner hosted by the Wineries, pairing their wines with offerings from local chefs and restaurants. approx. 2.5hrs. We can accommodate 20 to 60 attendees, leaving Three Rivers Convention Center at 1pm and returning between 7:30 and 8. As the attendees will need to travel to Prosser for this activity we are unable to accommodate for partial visits. They would travel as a group at the designated times. Page 23 of 29  CITY OF PROSSER, WASHINGTON AGENDA BILL Agenda Title: Meeting Date: Consider Resolution Setting a Public Hearing April 5, 2022 for April 26, 2022, Regarding the Vacation of Special City Council Meeting a portion of Grant Avenue. Item Type: Action Department: Director: Contact Person: Phone Number: Planning Steve Zetz Howard Saxton 509-786-1817 Cost of Proposal: Fund Name and Number: N/A Amount Budgeted: N/A Reviewed by Finance Department: N/A Attachments to Agenda Packet Item: 1. Resolution No. 22-__________ 2. Map showing the proposed vacated right of way. Summary Statement: The attached resolution sets a public hearing for April 26, 2022, to hear testimony regarding the vacation of a portion of Grant Avenue shown on the attached map and legally described on Exhibit "A" attached to the resolution. The city recently vacated a portion of Grant Avenue not abutting the Yakima River by passage of Ordinance 22-3163. The City previously vacated portions of Grant Avenue by passage of Ordinance Number 1595 on June 23, 1992, and Ordinance Number 1617 on December 8, 1992, (previous ordinances). A portion of the property vacated by Ordinance Number 22-3163 and the previous ordinances is in the process of being sold and a Title Company has questioned the accuracy of the legal descriptions in the previous ordinances. Although the City believes the legal descriptions in the previous ordinances are correct, the opinion of the Title Company has placed a cloud on the ownership of the vacated street. Therefore, staff recommends amending all previous ordinances that vacated the portions of Grant Avenue shown on the attached map to use the legal recommended by the Title Company. Page 24 of 29 Unfortunately, a portion of Grant Avenue vacated in the previous ordinances abuts the Yakima River; and the City must follow a special process when vacating streets (RCW 35.79.035). Although staff believe the City followed the provisions of RCW 35.79.035 when it enacted the previous ordinances, the supporting documentation for the previous ordinances evidencing such compliance is missing from the City’s records. RCW 35.79.035 allows a vacation when the vacation is part of a city plan such as the the City's Comprehensive Plan. Given that a large part of the vacated Grant Avenue is necessary for recreation as part of Crawford Park, the vacation of Grant Avenue fulfills the following goals/policies in the Comprehensive Plan: Goal PR-2: Develop a system of trails and paths that interconnects local and regional destinations. Policy PR-2.5. Pursue easements that would improve public access to the Yakima riverfront. Therefore, staff recommends passage of the attached resolution setting a public hearing to hear testimony regarding the vacation of the portion of Grant Avenue described in the Resolution and shown on the attached map. Consistent with Council Goal: Goal #1: Livability & Quality of Life Recommended Action/Suggested Motion: Adopt Resolution No. 22-_____ setting a public hearing for April 26, 2022, regarding the vacation of a portion of Grant Avenue. Reviewed by Department Reviewed by City Attorney: Approved by City Director: Administrator: Steve Zetz Howard Saxton Tom Glover Date: Apr 1, 2022 Date: Apr 1, 2022 Date: Mar 31, 2022 Page 25 of 29  CITY OF PROSSER, WASHINGTON RESOLUTION NO. 22- _____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PROSSER, WASHINGTON REGARDING THE VACATION OF AN UNIMPROVED PORTION OF GRANT AVENUE AND SETTING A DATE FOR A PUBLIC HEARING TO HEAR TESTIMONY REGARDING SUCH PROPOSED VACATION ON THE 26TH DAY OF APRIL, 2022. WHEREAS, the City of Prosser recently vacated a portion of Grant Avenue by passage of Ordinance Number 22-3163; and WHEREAS, the City previously vacated portions of Grant Avenue by passage of Ordinance Number 1595 on June 23, 1992, and Ordinance Number 1617 on December 8, 1992, (previous ordinances); and WHEREAS, it has come to the attention of the City that the legal descriptions used in the previous ordinances arguably may have contained errors; and WHEREAS, a portion of the property vacated by Ordinance Number 22-3163 and the previous ordinances is in the process of being sold; and WHEREAS, that portion of Grant Avenue vacated in the previous ordinances abuts the Yakima River; and WHEREAS, Cities must follow a special process when vacating streets that abut a river pursuant to RCW 35.79.035; and WHEREAS, the supporting documentation for the previous ordinances evidencing compliance with RCW 35.79.035 are missing for the City’s records; and WHEREAS, the City desires to vacate those portions of Grant Avenue described in Exhibit “A” attached hereto while complying with the requirements of RCW 35.79.035; NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Prosser that it is the desire of the City Council to vacate that portion of Grant Avenue legally described above and, BE IT FURTHER RESOLVED, that a public hearing is set for the 26th day of April, 2022, at 7:00 p.m., or as soon thereafter as can be heard, either in the Prosser City Hall Council Chambers or by virtual means in accordance with any applicable proclamation by Governor Inslee all in accordance with the City Council’s rules and procedures; and Page 26 of 29  BE IT FURTHER RESOLVED, that the City Clerk is hereby instructed to notify and post notices as required by RCW 35.79.020 and 35.79.035(c). BE IT FURTHER RESOLVED, that that the City Council finds that the vacation will enable the City to implement its Comprehensive Plan which was adopted by ordinance, and provides comparable or improved public access to the same shoreline area to which the Vacated Grant Avenue would have provided had it not been vacated, and BE IT FURTHER RESOLVED, that City Staff shall conduct the studies required by RCW 35.79.035(2) and present the results of those studies at the public hearing. ADOPTED by the City Council of the City of Prosser and APPROVED by the Mayor of the City of Prosser this ____ day of __________, 2022. _____________________________ MAYOR RANDY TAYLOR ATTEST: __________________________ RACHEL SHAW, CITY CLERK APPROVED AS TO FORM ___________________________________ HOWARD SAXTON, CITY ATTORNEY Page 27 of 29  EXHIBIT "A" THIS VACATION ORDINANCE IS FOR A PORTION OF GRANT AVENUE AND ALSO CLARIFIES THE AMBIGUITY OF VACATION ORDINANCES 1595, RECORDED UNDER AUDITOR’S FILE NO. 92-31734, AND 1617, RECORDED UNDER AUDITOR’S FILE NO 92-31735; ALL THAT PORTION OF GRANT AVENUE BETWEEN 5TH STREET AND 4TH STREET AS SHOWN ON THE PLAT OF PROSSER RECORDED IN VOLUME OF PLATS, PAGE 1, RECORDS OF BENTON COUNTY, WASHINGTON, LYING SOUTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE NORTH CORNER OF LOT 8, BLOCK 6 AS SHOWN ON SAID PLAT OF PROSSER; THENCE N 45°00'00" W 10 FEET TO THE POINT OF CURVATURE OF A NON- TANGENT CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 96.00 FEET AND A CENTRAL ANGLE OF 30°11'22", AND A CHORD OF 50 FEET BEARING N 45°00'00" W; THENCE ALONG SAID CURVE 50.58 FEET; THENCE N 45°00'00" W 20 FEET TO THE INTERSECTION OF THE SOUTHWESTERLY RIGHT OF WAY OF 5TH STREET AND THE NORTHWESTERLY RIGHT OF WAY OF GRANT AVENUE AS SHOWN ON SAID PLAT; THENCE SOUTHWEST ALONG THE NORTHWESTERLY RIGHT OF WAY OF GRANT AVENUE TO THE INTERSECTION OF THE NORTHWESTERLY PROLONGATION OF THE NORTHEASTERLY RIGHT OF WAY OF 4TH STREET AS SHOWN ON SAID PLAT; THENCE TO THE WESTERLY CORNER OF LOT 1, BLOCK 6 OF SAID PLAT; THENCE NORTHEASTERLY ALONG THE SOUTHEASTERLY RIGHT OF WAY OF GRANT AVENUE TO THE POINT OF BEGINNING; INCLUSIVE OF THE AREA PREVIOUSLY SHOWN VACATED ON SHORT PLAT NO. 3115 AND RECORD OF SURVEY NO. 2793; THE CITY OF PROSSER HERE BY RESERVES A 10 FOOT EASEMENT FOR INGRESS/ EGRESS FOR PUBLIC USE FOR PEDESTRIAN AND BICYCLE USE ONLY, ALONG THE NORTHWESTERLY BOUNDARY LINE AS SHOWN ON SHORT PLAT 3714 AF# 2021- 046236 BEING 5 FOOT EACH SIDE OF SAID BOUNDARY LINE. Page 28 of 29  j j j T 5th STREET =<:m_:xm.. oE<u<>mm mm Oh <95‘ 33» oz Page 29 of 29