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HomeMy WebLinkAbout09/03/2013 14a Renaming "A" Street to "Sgt. Pendleton Boulevard"BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON. AGENDA STATEMENT Item No. ( , For Meeting of: 9/3/2013 ITEM TITLE: Information requested regarding past Council action from 2006 regarding renaming of A Street. SUBMITTED BY: Steve Osguthorpe, AICP - Community Development Director Royale Schneider, Code Inspection Office Supervisor (509) 576 -6669 SUMMARY EXPLANATION: On June 18, 2013, the City of Yakima received a petition to rename A Street to Sgt. Pendleton Blvd., to honor Yakima's only Medal of Honor recipient. At the July 2, 2013 Council Meeting, Council determined that the petition was a valid request and scheduled the public hearing for August 20, 2013. All abutting property owners were notified of the public hearing at least 30 days in advance. There are 126 properties abutting "A" Street. There are 22 businesses and residences that have an "A" Street address; however only 12 of them are occupied at this time. Three letters of opposition have been received, and no letters of support. At the August 20, 2013 public hearing, a resident stated that a petition was introduced in 2006 to change the name of "A" Street to Cesar Chavez Boulevard. He advised that this previous petition had never been finally acted upon and was still pending. It was ultimately decided that staff would check the official City Council minutes and records to determine status of this previous petition. The hearing to rename the street to Sgt. Pendleton Boulevard was continued to September 3, 2013 to accommodate this review. A review of the City Council minutes for the May 2, 2006 Council meeting shows that the petition to change the name of "A" Street to Cesar Chavez Boulevard was declined on a vote of 6 -1, and that the petition filing fee be refunded to petitioners, and that no public hearing be set to consider the petition. (Copy of relevant portion of City Council minutes from meeting of May 2, 2006 attached.) Resolution: Ordinance: Other (Specify): Contract: Start Date: Item Budgeted: NA Funding Source/Fiscal Impact: Strategic Priority: Insurance Required? No Mail to: Phone: APPROVED FOR SUBMITTAL: RECOMMENDATION: ATTACHMENTS: Description Contract Term: End Date: Amount: City Manager Upload Date Type 8/21/2013 Backup Material 8/23/2013 Ordinance 8/13/2013 Backup Material M MAY 2, 2006 Boulevard, to re-open the open-record public hearing in this matter, and setting a date of June 19, 2066, for such re-opened hearing. 9. Consideration of determination of validity of petition requesting that "A" Street be renamed Cesar Chavez Blvd., requested by Earl S. Lee & Family and Romeo Coronado Bill Cook validated receipt of a completed application to change the name of A Street and has received the application fee. Seventy-one properties and 30 mail box delivery addresses would be affected at an estimated cost of $4,365. Earl Lee said they would be willing to pay those costs. Alonzo Marquez, 613 North TO Street, spoke in favor of the name change as did Ortega Martin. Martin Chacon, 205 West Chestnut Avenue, suggested renaming Miller Park Cesar Chavez Park. Lynne Kittelson, 305 North 90' Street, spoke in favor of the name change. Bernal Baca of the Hispanic Chamber of Commerce said he did not think A Street would be a good representation for that name and agreed with Martin Chacon, He did comment that the name belongs to the family and there is a certain protocol that needs to be followed. McCLURE MOVED AND JOHNSON SECONDED TO REFUND $500 AND NOT MOVE THIS FORWARD, AND NO PUBLIC HEARING BE SET AT THIS POINT AND ASK THE C0A4MUNITY TO CONTINUE TO DISCUSS OTHER, ALTERNATIVES Following discussion the motion carried by a 6-1 vote; Bonlender voting nay. Following a short break, the meeting reconvened at 8:12 p.m. 10. Consideration of Report updating the Finance Plan for Fire Station #92 alteration project Steve Scott, Deputy Fire Chief, gave a history of Station #92 leading up to the alteration project. He also noted the skyrocketing cost of materials due to hurricane Katrina 'and the situation in Iraq that required an update of the estimate. City Manager Zais detailed the financing plan. WHITMAN MOVED AND CAWLEY SECONDED TO APPROVE THE REPORT AND UPDATED FINANCIAL PLAN. The motion carried by unanimous roll call vote. *11. Consideration of Resolution accepting and approving the First Quarter 2006 Claim Report RESOLUTION NO. R-2006-69, A RESOLUTION accepting and approving the I" Quarter 2006 Claim Report for the City of Yakima 12. Consideration of Council Committee report and recommendation regarding revisions to the City's Mission & Vision Statement and Council's Strategic Direction Priorities Randy Beehler, Community Relations Manager, advised that the report was the result of a review by the Mission and Vision Strategic Priorities Committee per 5. BUSINESS MEETING MAY 16, 2006 - 5:00 P.M. COUNCIL CHAMBERS - CITY HALL 1. Roll Call Present: Council: Mayor Dave Edler, Council Members Ron Bonlender, Micah Cawley (after 5:15 p.m.), Norm Johnson, Bill Lover, Neil McClure, and Susan Whitman 2. Executive Session regarding property acquisition/disposition and prospective litigation JOHNSON MOVED AND WHITMAN SECONDED TO MOVE INTO EXECUTIVE SESSION FOR APPROXIMATELY ONE HOUR FOR THE PURPOSE OF DISCUSSING PROPERTY ACQUISITION /DISPOSITION, AND PROSPECTIVE LITIGATION. The motion carried by unanimous voice vote; Cawley temporarily absent. 6:00 P.M. - PUBLIC SESSION 1. Roll Call Present: Council: Mayor Dave Edler, presiding, Council Members Ron Bonlender, Micah Cawley, Norm Johnson, Bill Lover, Neil McClure, and Susan Whitman Staff: City Manager Zais, City Attorney Paolella and City Clerk in Training Moore 2. Invocation /Pledge of Allegiance — Council Member McClure Council Member McClure gave the Invocation followed by the Pledge of Allegiance. 3. Open Discussion for the Good of The Order /Special Presentation Mayor Edler announced that the application for the street name change to Cesar ,. Chavez was received too late to be put on tonight's agenda, The Yakima Herald a. erroneously printed that it is part of tonight's agenda. The validity of that application will be discussed at the June 6, 2006 business meeting. A. Proclamation Employee retirement recognition — Judy Arington Mayor Edler read a proclamation honoring Judy Arington for 27 years of service for the City of Yakima. Bill Cook, Director of Community and 153 MAY 16, 2006 Economic Development, added comments of appreciation from himself and his staff for all of Judy's extra efforts. B. Special Presentation I Presentation by Washington Middle School students re: donated artwork for water playground Denise Nichols, Parks & Recreation Manager, introduced Victor Nirani,an instructor at Washington Middle School, who in turn introduced a team from the school. This team donated artwork for the water playground. Mrs. Nichols gave a status report of the water park facilities. C. Status report on prior meeting's citizen service request None d. Appointments ments to Council Boards and Commissions WHITMAN MOVED AND McCLURE SECONDED TO REAPPOINT JOE MANN AND MICHAEL SIEBOL FOR THREE YEAR TERMS ON THE HISTORIC PRESERVATION COMMISSION. The motion carried by unanimous voice vote. Mayor Edler referred to the items placed on the Consent Agenda, questioning whether there were any additions or deletions from either Council members or citizens present.. Item No. 11 was added to the Consent Agenda. The City Clerk read the Consent Agenda items, including resolutions and ordinances by title. BONLENDER MOVED AND McCLURE SECONDED TO ADOPT THE CONSENT AGENDA AS. READ. The,motion carried by unanimous roll call vote. (Subsequent paragraphs preceded by an asterisk (*) indicate items on the Consent Agenda handled under one motion without further discussion.) *A. Approval of the minutes of the March 7, 2006 Adjourned meeting The minutes of the March 7 Adjourned meeting were approved, having been duly certified accurate by two Council Members and no one present wishing to have said minutes read publicly. 5. Audience Participation Alonzo Marquez, 613 N. 3`d Street, asked questions about Ordinance No. 2005- 24 regarding street naming and renaming. He felt the City had not followed the procedure at the last meeting. Mayor Edler said he would have staff respond to this at the next meeting. Luz Bazan-Guftierrez, 1424 S. 31 st Avenue, gave a report on Cinco De Mayo. They felt it was so successful that they would like to have more events like the Hip Hop event held in the evening. For the record, the event next year will be the first weekend in May. She publicly thanked Bernal Baca who chaired the committee. 4 54A,�, MAY 16, 2006 Earl Lee, 1213 South 181h Street, said he had many people wanting to change A Street to Cesar Chavez Way. He felt they were following the procedures outlined in the ordinance. Jesus Sosa, Toppenish, said they were able to collect 1,200 signatures in two days supporting this change. He said Mr. Chavez is the Hispanic community's hero. Estella DelVillar of Yakima also spoke in support of the name change. Lynne Kittelson, 305 North 9th Street, commented that the City didn't appear to be following the ordinance on renaming streets. Mayor Edler responded that he believes we are following it and will have our legal counsel review it. Terry Toth, owner of the Liberty Building, spoke against naming A Street after Cesar Chavez as it doesn't fit in with his plans for the building. He feels the people who own the property on that street are the ones that should make the decision about renaming it. Mike Hunnel, 913 South 4th Avenue, asked how long has there been an ADA coordinator for the City of Yakima and is there any other besides Sheryl Smith? He asked more questions about non - compliant businesses. He was told his request will be treated as a citizen service request and would be answered in writing. PUBLIC HEARING/MEETING 6. Closed Record public hearing for the Cyr House nomination to the Yakima Register of Historic Places (This public hearing has been cancelled.) 7. Public meeting to consider the Final Plat approval of Phase 3 of the Plat of Cottonwood Grove Doug Maples, Code Administration & Planning Manager, explained that Phase 3 is for 34 lots. Phases 1 and 2 were already approved when this property was in the County (99 lots). The City Engineering office has reviewed the plans and design and given their approval, as has the Planning Department. Staff recommends approving the final plat. • Mayor Edler opened the public meeting Kevin McHenry, Yakima County, talked about the plans for Wide Hollow Road and Nob Hill Blvd and transportation improvements in the area. Bill Hordan, 410 North 2nd Street, spoke in support of the project. Mayor Edler opened the public meeting The Acting City Clerk read the resolution by title only; McCLURE MOVED AND BONLENDER SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. RESOLUTION NO. R- 2006 -77, A RESOLUTION approving the final plat of Phase 3 of Cottonwood Grove, a 228 -lot subdivision in five phases, and authorizing the Mayor to sign the final plat. 3 W=. L�10_A N 7.1 JUNE 6, 2006 A. Adoption of the Six-year Transportation Improvement Program (STIP) for years 2007 to 2012, and to amend the Metropolitan Transportation Plan Brett Sheffield, Acting City Engineer, explained that state law requires updating the Six-Year Transportation Improvement Program (STIP) each year and it must include all transportation projects for which state or federal tax revenue will be used. He emphasized that it is a planning document; all projects listed might not be built, however, only those included are eligible for the revenue. Mr. Sheffield pointed out the changes from last year's document and solicited additions from Council. Council Member Bonlender suggested adding the paving of alleys. • Mayor Edler opened the public hearing. Lynne Kittelson, 305 North 9th Street, complained that there is no mention of the east side pathways, although she has asked more than ten times for it to be included. Mr. Sheffield said they would look into including it. , Z� i B. Amendment of the Yakima Urban Area Comprehensive Plan Capital Facilities Element to incorporate the adopted Six-year Transportation Improvement Program (STIP). No action to be taken. Continue public hearing to June 27, 2006 and possible adoption of the plan. Consideration of an Application by Dr. Earl S. Lee and other petitioners to rename A Street to Cesar Chavez Blvd. Bill Cook, Community and Economic Development Director, said we have received a valid application. He clarified that this is not a public hearing but a first. review under 8.70 of the Municipal Code to verify that the application is complete and a valid request that should be considered at a public hearing. In the preliminary analysis it was estimated that the cost of signage and utility billing record changes would be approximately $5,000. Alice Smith, 4202 Donald Drive, spoke in support of the street name change. Earl Lee claimed that the first application submitted was valid and should have moved on to a public hearing. He also refuted claims by a lower valley group that pulled their support for this application. Council Member McClure said a month ago the Council specifically asked for contacts from other organizations but we haven't received any. At Marquez, 613 North 3rd Street, said he asked people on the street if they were in support of the name change and 99% of the people he talked to said yes. 4 JUNE 6,2006 Jesus Sousa, 5980 S. Wapato Road in Toppenish, publicly said his group wanted to disassociate from the original group making the request. He said they haven't applied with the Cesar Chavez organization yet and want to do everything properly and under the law. They have an appointment with Bernal Bacca and members of the Hispanic Chamber and hope to' work with all the communities. Paul Reboca, 1806 Fremont Drive, said his group is working to get more input from the Hispanic community leaders in Yakima to develop a united focus to -accomplish this goal. Estella DelVillar, 7011/2 N. 201h Avenue, explained that, although she was one of the original signatures on the petition, she unfortunately, came to a parting of the ways with Earl Lee and Alonzo Marquez. There wasn't a willingness to work with other members in the community. That is Why they wanted to step back and get permission from the Cesar Chavez foundation. Terry Toth, owner of the Liberty Building, spoke against renaming A Street. He feels there are better streets to rename to give the Hispanic community some pride in where they live., He felt it appropriate to poll the taxpayers who have purchased property on A Street. Lynne Kittellson , 305 N. 9'h Street, accused the City of being divisive. Council Member Bonlender said the application has become weaker due to the group disassociation. He recommended it be hashed out at the committee level before coming as a recommendation to the Council. BONLENDER -MOVED AND WHITMAN SECONDED TO REFER THIS BACK TO THE NEIGHBORHOOD DEVELOPMENT COMMITTEE. The motion failed by a 4-2 voice vote; Johnson, McClure, Lover and Edler voting nay; Cawley absent. Council Member McClure commented that he is not willing to make a motion to move this on until they respond to a previous Council request to get more public involved. *9. Consideration of Approval of Fire Department 2005 Annual Report The 2005 Fire Department Annual Report was approved. 10. Consideration of an update of the City of Yakima federal HOME CHDO funding authorization for the Next Step Housing Pear Tree Place Affordable Housing Project 06 Bill Cobabe, Office of Neighborhood Development Services Manager, advised that this is a smaller project than originally presented (26 units versus 40) because there was a significant funding source that was unable to provide funding. Construction material costs have gone up dramatically ally so it had to be revamped. It is still a sound project and our contribution is less than 5%. The land will be available later as more funding becomes available. JOHNSON MOVED AND McCLURE SECONDED TO APPROVE THE UPDATED REPORT. The motion carried by unanimous voice vote; Cawley absent. M ME 74 RTET41-w- 1=1 - *21. Consideration of Ordinance amending and correcting the classification and compensation plan for certain City employees and amending the Yakima Municipal Code ORDINANCE NO. 2006-24, AN ORDINANCE relating to City personnel; adopting a classification and compensation plan for City employees to be effective immediately; amending Subsections 2.20.110A and 2.20.110B all of the City of Yakima Municipal Code: *22. First reading of an Ordinance amending the 2006 budget and appropriating' funds for payment to Yakima County for 964 Avenue annexation (Read ordinance only at this meeting; secondreading scheduled 6-27=06) An ordinance amending the 2006 budget and appropriating -funds for costs related to an interlocal agreement with Yakima County for.street improvements made within the ge Avenue Annexation area, was read by title only, and laid on the table until June 27, 2006 *23. First reading of an Ordinance amending the 2006 budget and appropriating funds to purchase grant-funded fire safety puppetry program "Safety Troupe" equipment and supplies (Read ordinance only at this meeting; second reading scheduled 6-27-06) An ordinance amending the 2006 budget and appropriating funds for fire prevention education equipment, was read by title only, and laid on the table until June 27, 2006 24. Other Business Mayor Edler asked for clarification on the outcome of Item No. 8, the street renaming issue. City Attorney Paolella explained that the Council's non vote represented a determination that the petition would not be advanced to the public hearing level. Mayor Edler said that important bridges are being built and this particular petition* has been very divisive and we* should stay above the fray. • Telephone participation In Council meeting City Manager Zais Council to a question about an out-of-town Council member's participation in a Council meeting via telephone and whether they would be allowed to vote. The Charter is silent on this question as are the rules of procedure. For that to be allowed it would require deliberation and a decision by the Council as a whole. It should be a part of the procedures. As a matter of courtesy, when a Council member has asked for an item to be deferred, Council has done so. This concept will be referred to the Council Rules Committee for discussion as well as with Legal and will be brought back through that process. JOHNSON MOVED AND McCLURE SECONDED TO HAVE THE CONCEPT REVIEWED BY THE COUNCIL RULES COMMITTEE AND THE LEGAL DEPARTMENT. The motion carried by unanimous voice vote; Cawley absent. im ORDINANCE NO. 2013- AN ORDINANCE approving change of name of street from "A" Street to "Sgt. Pendleton Boulevard" and authorizing the City Manager to accomplish such change of name, with such change of street name to be effective on and from January 1, 2014. WHEREAS, pursuant to Yakima Municipal Code Chapter 8.70 and YMC 8.70.050, an application was received on June 18, 2013 by the City of Yakima to rename "A Street" to "Sgt. Pendleton Boulevard;" and WHEREAS, the City Council on July 2, 2013 determined that the application was complete and scheduled a public hearing to be held on August 20, 2013 to consider such application; and WHEREAS, the City Council has conducted a public hearing on August 20, 2013 pursuant to notice duly published, and considered the application, the record herein and all evidence and testimony presented at such hearing; and WHEREAS, in considering public comments made at the August 20, 2013 hearing, the City Council desired more time to clarify the status of a previous request in 2006 to rename A Street, and further consideration of the request for change of street name to Sgt. Pendleton Boulevard was continued to a future meeting. The City Council was thereafter provided with copies of the official minutes of the City Council meeting of May 2, 2006 establishing that the previous petition was rejected and concluded, with direction to refund the petition fee to petitioners; and WHEREAS, the City Council resumed its deliberation and discussion of the request to rename A Street to Sgt. Pendleton Boulevard at its regular meeting on September 3, 2013, and having received and considered the record and all evidence and comment presented on August 20, 2013, together with official minutes of the City Council meeting of May 2, 2006, and the discussion on September 3, 2013, the City Council hereby makes the following findings and conclusions: A. The City Council is authorized pursuant to Chapter 8.70 YMC to receive, consider and approve, modify or disapprove of petitions for change of street names, subject to the provisions of such code; B. The public hearing was scheduled and conducted in accordance with law and applicable procedure; C. The application for change of street name from A Street to Sgt. Pendleton Boulevard is compete; D. The City has considered the application, the record herein and all testimony and evidence presented at the public hearing herein; E. No other petition for change of street name concerning A Street is pending or applicable, and the City Council may proceed to consider and act upon the current petition to change the name of A Street to Sgt. Pendleton Boulevard; F. The requested name change to Sgt. Pendleton Boulevard is consistent with the street naming policy of Chapter 8.70 YMC; G. The City Council specifically approves the renaming of A Street to Sgt. Pendleton Boulevard, a name which has more than twelve characters; H. Approval of such name change is in the best interests of residents of the City of Yakima, and should be granted; and WHEREAS, the City Council, having made the above findings and conclusions, hereby ordains as follows; now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Renaming of A Street to Sgt. Pendleton Boulevard. Effective January 1, 2014, the name of A Street as shown and delineated on the map attached hereto and incorporated herein as Exhibit "A," is renamed Sgt. Pendleton Boulevard, with the East and West designations before such street name as shown in the attached map and as further described below. Section 2. Description of Sgt. Pendleton Boulevard. The segments of A Street described below, renamed to Sgt. Pendleton Boulevard as enacted above, are described as follows: A. East A Street, renamed herein to "East Sgt. Pendleton Boulevard:" Beginning at the easterly terminus of East A Street, extended northeasterly from the intersection with North 10th Street; thence southwesterly upon the right -of -way of East A Street to the intersection with North 8th Street; thence southwesterly upon the right -of -way of East A Street commencing from the alley right -of way lying midway between North 7th Street and North 6th Street to the intersection of East A Street and North Front Street. B. West A Street, renamed herein to "West Sgt. Pendleton Boulevard:" Beginning at the easterly terminus of West A Street at the intersection of such street with North 2nd Avenue; thence southwesterly upon the right -of- way of West A Street to the intersection of North 8th Avenue; thence southwesterly upon the right -of -way of West A Street commencing at the 2 intersection with North 10th Avenue to the intersection with North 16th Avenue. All situated within the City of Yakima, Yakima County, State of Washington. Section 3. Directive. The City Manager is hereby authorized to undertake all measures to accomplish the street renaming approved herein, including but not limited to, making necessary and appropriate change of street signs and maps of the City of Yakima, and advising all agencies with interest of such change of name for the purposes of facilitating governmental service and emergency service response. Section 4. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 5. Effective Date of Ordinance. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 3d day of September, 2013. ATTEST: City Clerk Publication Date: Effective Date: 3 Micah Cawley, Mayor y� cn 0 D m� `CT l