Agenda


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WALLA WALLA CITY COUNCIL Regular Meeting Agenda August 28, 2024 - 6:30 p.m. Live stream of the meeting may be viewed on the City's website at https://www.wallawallawa.gov/government/city-council. Members of the public also may attend and participate in this regular meeting by using this Zoom meeting link: https://us02web.zoom.us/j/83174732320 or by calling 253-215-8782 and entering meeting ID 831 7473 2320#. Individuals who need auxiliary aids for effective communication are encouraged to make their needs and preferences known by contacting the Human Resources Department at 509-527-4475. Mission: Dedicated to enhancing the quality of life in Walla Walla.


1.			CALL TO ORDER

2.			PLEDGE OF ALLEGIANCE

3.			PRESENTATIONS AND PROCLAMATIONS

4.			PUBLIC COMMENTS: (3 Min. Time Limit) Persons making irrelevant, personal, impertinent, overly redundant, vulgar, or slanderous remarks that disrupt, disturb or otherwise render orderly conduct of the meeting unfeasible may be barred by the presiding officer from making further comments before the Council during the meeting. The public may comment at this time on matters of City business. To provide comments virtually, please use the Zoom meeting link, raise your virtual hand, wait to be recognized, and then unmute. If you are calling in, dial 9 to raise your virtual hand, wait to be recognized, and dial 6 to unmute the connection. Public comments may also be provided by emailing the City Clerk at lneissl@wallawallawa.gov If you would like to request staff follow-up regarding your public comments, please email your contact information (email and phone number) to CouncilFollowup@wallawallawa.gov and please summarize the topic of your comment so it can be directed to the correct department.

5.			CONSENT AGENDA

	A.	Pgs. 3-12	Approves the minutes of the August 12, 2024 Work Session and the August 14, 2024 Regular Meeting.	Approved

6.			ACTIVE AGENDA

	A.	Pgs. 13-20	Conduct Public Hearing and Consider Ordinance 2024-17 which Extends the Interim Zoning Ordinance (2024-02) related to Wireless Communication Facilities for an additional six months.	Approved

	B.	Pgs. 21-27	Resolution 2024-080: Sets the Public Hearing date, location, and process for the proposed Cottonwood Investors, LLC Development Agreement. (Public comment will be limited to date, location, and process for public hearing)	Approved

	C.	Pgs. 28-43	Secondhand Dealer License Applications - Sportsman's Warehouse	Approved

	D.	Pgs. 44-152	Resolution 2024-081: Adoption of the Tourism Master Plan.	Approved

7.			COUNCIL MEMBER MEETING REPORTS

8.			UNFINISHED AND NEW BUSINESS

9.			MEETING ENDS

Values: Service, Integrity, Collaboration, Equity, Leadership, and Community

The City of Walla Walla complies with Title VI, ADA, and other applicable Federal civil rights laws and does not discriminate on the basis of race, color, national origin, age, disability, religion, veteran status, sexual orientation, gender identity, or sex.


ar-5423		Pgs. 3-12
City Council - Regular Meeting
Meeting Date:	08/28/2024
Submitted For:	Lisa Neissl, Support Services, City Clerk
Add'l Contributors:

Information
ITEM TITLE:
Approves the minutes of the August 12, 2024 Work Session and the August 14, 2024 Regular Meeting.

Attachments
08-12-2024 Minutes
08-14-2024 Minutes


ar-5418		Pgs. 13-20
City Council - Regular Meeting
Meeting Date:	08/28/2024
Item Title:	Public hearing and Extension of the Interim Zoning Ordinance related to Wireless Communication Facilities
Submitted For:	Preston Frederickson, Development Services Department
Add'l Contributors:	Tim Donaldson, City Attorney
Financial Comments: N/A
All Contracts: Not Applicable
Federally funded contracts only: Not Applicable
Construction contracts only: Not Applicable
Brief Summary of Requested Action: Extend the Interim Zoning Ordinance (2024-02) related to Wireless Communication Facilities for an additional six months.

Information
HISTORY:
On the March 8, 2023 regular city council meeting, after a public hearing, the City Council adopted an interim zoning ordinance (2023- 04) regarding siting of wireless communication facilities within or near residentially zoned properties and related regulatory matters. The interim ordinance was established for one year. Work on the permanent zoning regulations was delayed pending the results of a wireless communication facility conditional use permit application before the Hearings Examiner. The pending permit was denied by the Hearing Examiner and that decision has been appealed by the CUP applicant and is in active litigation. In preparation of reviewing the current municipal code, and interim zoning ordinance, the City has engaged Daniel Kenny and the law firm of Ogden Murphy Wallace, PLLC, specializing in municipal and land use law related to the local regulation of wireless communication facilities. On February 14, 2024, the interim ordinance was extended an additional six month. Staff requests an additional six month interim ordinance extension. Given the pendency of the litigation, it is advisable to not proceed with permanent amendments as current or any proposed wireless communication facilities code language may be affected by the outcome of the appeal. Extending the interim ordinances provides for interim zoning regulations to remain in place until permanent amendments are made.
POLICY ISSUES:
Municipal land use and development regulations are within the powers of the City Council to protect the health and safety, and enhance the general welfare and quality of life of the citizens of the City of Walla Walla" See Walla Walla Municipal Code Section 20.02.040. RCW 35A. 63. 220 and RCW 36. 70A. 390 authorize the enactment of moratoria, interim zoning controls - public hearing, limitation on length, and exceptions. RCW 35A. 63. 220 provides: A legislative body that adopts a moratorium or interim zoning ordinance, without holding a public hearing on the proposed moratorium or interim zoning ordinance, shall hold a public hearing on the adopted moratorium or interim zoning ordinance within at least sixty days of its adoption, whether or not the legislative body received a recommendation on the matter from the planning agency. If the legislative body does not adopt findings of fact justifying its action before this hearing, then the legislative body shall do so immediately after this public hearing. A moratorium or interim zoning ordinance adopted under this section may be effective for not longer than six months, but may be effective for up to one year if a work plan is developed for related studies providing for such a longer period. A moratorium of [or] interim zoning ordinance may be renewed for one or more six- month periods if a subsequent public hearing is held and findings of fact are made prior to each renewal.
ALTERNATIVES:
City Council options: 1. Adopt an interim zoning ordinance; or 2. Table the discussion for a future regular council meeting; or 3. Not adopt an interim zoning ordinance.
STAFF RECOMMENDATION:
Hold a public hearing on the proposed extension of the interim zoning ordinance and adopt as proposed.
CITY MANAGER COMMENTS:
Concur with the staff recommendation and approved for City Council action.

Attachments
Ord 2024-17


ar-5422		Pgs. 21-27
City Council - Regular Meeting
Meeting Date:	08/28/2024
Item Title:	Resolution setting the Public Hearing date, location, and process for the proposed Cottonwood Investors, LLC Development Agreement.
Submitted For:	Preston Frederickson, Development Services Department
Financial Comments: N/A
All Contracts: Not Applicable
Federally funded contracts only: Not Applicable
Construction contracts only: Not Applicable
Brief Summary of Requested Action: Resolution setting the Public Hearing date, location, and process for the proposed Cottonwood Investors, LLC Development Agreement.

Information
HISTORY:
Executive Summary: For City Council consideration is a resolution which sets the Public Hearing date of September 23, 2024 at 6:30 pm at the Walla Walla High School Commons, at 800 Abbott Road, Walllla Walla, WA, and establishes the public hearing process for the proposed Cottonwood Investors, LLC Development Agreement. Background: On January 2, 2021, Cottonwood Investors, LLC filed a petition (a/k/a 10% petition) to annex approximately 104.6 acres of land generally located north and east of Cottonwood Rd. and west of Kendall Rd. (Walla Walla Development Services file number ANX-21-0002) On April 1, 2021, Cottonwood Investors, LLC filed an application for a development agreement in conjunction with the annexation proposal. (Walla Walla Development Services Department file number PDA-21-0001.) The proposed development agreement application seeks to establish terms and conditions to allow the Cottonwood Investors to apply for development of the approximate 104 acres into 247 single family residential lots with associated streets, drainage facilities and opens space, upon annexation. RCW 36.70B.170 allows a city to enter into a development agreement for real property outside its boundaries as part of a proposed annexation. On April 28, 2021, the Walla Walla City Council adopted Resolution 2021-65 conditionally accepting the 10% annexation petition, but that the annexation petition (a/k/a the 60% petition) would not be considered until the development agreement is approved by the Walla Walla City Council. Annexation petitions are legislative, follow a legislative process, and allow for interested parties to have direct communication with council members. However, when a development agreement in applied for in conjunction with the annexation petition, the legislative process is put on hold and the development agreement follows a quasi-judicial process in which the approving authority (City Council) must avoid ex-parte communication. (i.e communication with interested parties). The City Council is therefore, advised to direct interested parties to provide written or oral testimony on the proposed development agreement through the public hearing process set forth in the proposed resolution. Since the passage of Resolution 2021-65, Cottonwood Investors, LLC and City staff have negotiated the terms of the proposed development agreement, and the proposal is now ready for public hearing. As required by local and state law, the development agreement must set forth the development standards and other provisions that shall apply to and govern and vest the development, use, and mitigation of the development of the real property for the duration specified in the agreement. The City Council may only take action on a development agreement after a public hearing. (See WWMC 20.34.040 and RCW 36.70B.200). The Walla Walla City Council designated itself as the hearing body by section 5(A) of Resolution 2021-65. Summary of Proposed Resolution: The proposed resolution before council provides notice that the Walla Walla City Council will hold a special meeting at the Walla Walla High School Commons at 800 Abbott Road, Walla Walla, Washington on September 23, 2024. The meeting take will take place 6:30-9:30 p.m. The purpose of the special meeting is to conduct a public hearing on the proposed development agreement, file number PDA-21-0001. The proposed resolution, sections 2 and 3, set forth the method and manner, and process in which the interested parties may provide written or oral testimony, and also provides that the City Council may ask questions at the time of hearing, but it will not deliberate upon whether to approve the development agreement at that time. The proposed resolution, section 4, provides that the Walla Walla City Council will deliberate upon whether to approve the development agreement at its regularly scheduled October 9, 2024 City Council meeting. With the statement that there will not be an additional opportunity provided at the October 9, 2024 meeting for interested parties to provided additional testimony or evidence. Walla Walla Development Services Department will provided proper public notice of public hearing in accordance with WWMC 20.14.085. Attached to this staff report is a draft copy of the Public Notice which provides public notice information including directing interested parties to the draft Development Agreement and application materials through web links and QR codes.
POLICY ISSUES:
Walla Walla Municipal Code 20.34.020 and RCW 36.70B.200 requires a public hearing before adoption of a development agreement. The proposed resolution complies with these regulations.
PLAN COMPLIANCE:
This action sets the public hearing time, location, and process. Analysis of plan compliance will happen as part of the public hearing process.
STAFF RECOMMENDATION:
Staff recommends that the resolution be adopted setting the special meeting to conduction the public hearing on Development Services Department file number PDA-21-0001.
CITY MANAGER COMMENTS:
Concur with the staff recommendation and approved for City Council action.

Attachments
Res 2024-080
Draft Notice of Public Hearing


ar-5430		Pgs. 28-43
City Council - Regular Meeting
Meeting Date:	08/28/2024
Item Title:	Secondhand Dealer License Applications - Sportsman's Warehouse
Submitted For:	Lisa Neissl, Support Services, City Clerk
Financial Comments: Walla Walla Municipal Code Chapter 5.09 does have several reporting requirements that require applicant compliance. There are also requirements for the reporting of lost property or property believed to have been stolen. These reports must be provided to the Chief of Police, along with transaction reports that the Police Department may require. This requires some staff work by the Police Department.
All Contracts: Not Applicable
Federally funded contracts only: Not Applicable
Construction contracts only: Not Applicable
Brief Summary of Requested Action: Approve secondhand dealers business licenses for store manager and four employees of Sportsman's Warehouse to allow the sale of used firearms at the store.

Information
HISTORY:
On August 6, 2024 applications were submitted from Victor Dodd, Alexander Carroll, Daniel Faggard, Dustin Melchior, and Frank Rodrick to operate as a secondhand dealer for firearms at Sportsman's Warehouse, 1638 W Poplar St. Development Services reports that the business has a current City of Walla Walla business license through the WA Department of Revenue and no open permits or code violations as of August 7, 2024. On August 15, 2024, a police background check was completed with no findings on four of the applicants. One applicant has a pending case; however, the charge, if convicted, would have no impact on his ability to own or purchase a firearm, and per the City Attorney, would not impact this application. The applicant complied with the application procedures of Walla Walla municipal Code Section 5.09.030. This section requires Council approval before a secondhand dealer business license is issued. No fee is imposed for issuance of a secondhand dealers business license.
POLICY ISSUES:
None Identified.
ALTERNATIVES:
Request additional information from staff or deny the applications.
STAFF RECOMMENDATION:
Approval of secondhand dealer's licenses for Victor Dodd, Alexander Carroll, Daniel Faggard, Dustin Melchior, and Frank Rodrick doing business as "Sportsman's Warehouse" subject to the provisions of Walla Walla Municipal Code Chapter 5.09.
CITY MANAGER COMMENTS:
Concur with the staff recommendation and approved for City Council action.

Attachments
WWMC 5.09
Applications


ar-5431			Pgs. 44-152
City Council - Regular Meeting
Meeting Date:	08/28/2024
Item Title:	Adoption of the Tourism Master Plan
Submitted For:	Robert Francis, Support Services, Administration
Add'l Contributors:
Project No:		Funding/BARS No.:
Financial Comments: N/A

Information
HISTORY:
The City and Visit Walla Walla agreed that a Tourism Master Plan (TMP) was needed for the area. A TMP is a long-term development plan providing an organized and structured framework for tourism development and promotion within the city. The plan includes things like planning for accommodations, transportation, tourist activities, legislation and regulation, and marketing and promotion. The City issued an RFP to hire a consultant and HUB Ltd. was chosen for this work. Why does the City need a TMP? People come to Walla Walla for our natural beauty, wine, urban energy, great hotels and restaurants, and endless things to do. The City needs to maintain a strong and healthy economy and has dedicated time and resources to tourism which is identified as an important city function in order to maintain a strong and healthy economy. Tourism is a key component of Walla Walla’s economic vitality. For instance, tourism provides jobs, supports new business development, and generates significant revenue from visitor spending. To sustain a vibrant economy with growing competition in the region, the City must continue to focus on visitor acquisition while maintaining the retention of its existing visitor base. The City must draw on its significant assets to attract visitors as it competes within a growing field of competition from key locations across the State and country. This means becoming more strategic and deliberate in tourism initiatives by developing the framework for the future of tourism in City. In order to maximize the benefit while also minimizing the potential negative impacts of tourism, proper planning is vital. What is a tourism master plan? A TMP is a long-term development plan providing an organized and structured framework for tourism development and promotion within the city. The plan includes things like planning for accommodations, transportation, tourist activities, legislation and regulation, and marketing and promotion. The LTAC and the City Council can use the Tourism Master Plan to evaluate initiatives and requests related to lodging tax expenditures. The TMP will also guide the long-term, sustainable planning and design of Walla Walla as a tourism destination.
POLICY ISSUES:
Economic Development: Business Retention, Expansion & Recruitment to Strengthen and diversify the local economy. Placemaking & City Image: Choose Walla Walla in which to live, work & explore. Build on Walla Walla’s previous economic successes, identify top economic development opportunities, and plan for increasing economic growth and prosperity for Walla Walla
PLAN COMPLIANCE:
STRATEGIC PLAN: Livability: what the City of Walla Walla focuses on to execute the organization’s mission of enhancing the quality of life in Walla Walla. Economic Health: The City’s financial stability through sustainable revenue sources, attracting new businesses and shopping opportunities, and support a strong economy through diverse employment sectors. COMPREHENSIVE PLAN: Land Use Goal 2: LU Policy 2.4 Support the region’s tourism agencies in promoting the region as a welcoming place to live and destination for entertainment, recreation, and tourism Economic Development Goal 3 Walla Walla has an array of sustainable employment choices for all income and age levels, particularly jobs that pay a living wage. ED Policy 3.1 Encourage the development of employment choices with business stakeholders in the community. Economic Development Goal 6 Downtown Walla Walla is full of thriving businesses and is recognized and celebrated as the center of the community. ED Policy 6.1 Retain and recruit businesses in the Central Business District. ED Policy 6.2 Encourage Downtown’s continued revitalization through appropriate development, redevelopment, and rehabilitation. ED Policy 6.3 Incentivize redevelopment of vacated commercial spaces and upper story levels in the Downtown. ED Policy 6.4 Continue the support and encouragement of Tourism based commerce within the Downtown. Economic Development Goal 8 Tourism continues to be an important part of Walla Walla’s economy, including heritage and wine tourism. ED Policy 8.1 Work with local and regional partners to encourage tourism and an increase of commerce within the City of Walla Walla. ED Policy 8.2 Maintain and improve the built environment of sidewalks, parks, paths and other public amenities that visitors will enjoy and utilize.
ALTERNATIVES:
Do not adopt and provide further guidance to staff.
CITY MANAGER COMMENTS:
Concur with the staff recommendation and approved for City Council action.

Attachments
Res 2024-081
Tourism Master Plan
Presentation