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July 23, 2018

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CITY OF SOUTH BEND - COUNCIL MEETING - July 23, 2018

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1-2. CALL TO ORDER AND PLEDGE OF ALLEGIANCE

The council meeting was called to order by Mayor Struck at 5:30 pm followed by the Pledge of Allegiance. Members present: Councilor Buchanan, Councilor Williams, Councilor Neve, Councilor Davis, Councilor Little, Police Chief Eastham and Clerk/Treasurer Roberts City Supervisor Houk was absent.

3. APPROVAL OF AGENDA, CONSENT AGENDA, AND APPROVAL OF MINUTES

A motion was made by Councilor Neve to approve the Agenda, Consent Agenda and the minutes of the July 9, 2018 regular meeting. The motion was seconded by Councilor Davis. Vote: Ayes-5, Noes-0, Absent-0

Vendors – Check #44252 thru Check #44279 - $35,146.73

4. CORRESPONDENCE

The City received a letter from Kathy Bale, 174 Airport Road, Raymond, WA 98577 which was addressed to the council but because the letter was not received in time to be included in the councilor’s packets Clerk/Treasurer Roberts read the letter for the record. The letter addressed Ms. Bale’s desire for the city to not increase the utility tax which is currently purposed and thanked Councilor Davis and Councilor Buchanan for suggesting the tax increase be tabled. After reading the letter Clerk/Treasurer Roberts noted that Ms. Bale does not live inside the city limits so she does not pay the city excise tax nor would she be affected by the increase.

5. PUBLIC HEARING @ 5:34 PM – SIX YEAR TRANSPORTATION IMPROVEMENT PLAN

Mayor Struck opened the public hearing at 5:34 pm. Mayor Struck presented the Six Year Transportation Improvement Plan – 2019-2024:

Project
Title

Project
Description

Road
Name

Begin
Termini

End
Termini

Phase Start Date

Willapa Avenue

Sidewalk Installation

Willapa Avenue

First Street

Rixon Road

2019

Adams Street

Road Reconstruction

Adams Street

Highway 101

Water Street

2019

Pacific Avenue

Road Reconstruction & widening, add sidewalk on one side. Storm drainage

Pacific Avenue

West 4th Avenue

First Street

2020

Washington Street

Road reconstruction and widening, add sidewalk on one side. Storm drainage.

Washington Street

Water Street

East 3rd Street

2021

Madison Street

Road reconstruction and widening, add sidewalk on one side. Storm drainage.

Madison Street

Highway 101

First Street

2022

Jefferson Street

Road reconstruction and widening, add sidewalk on one side. Storm drainage.

Jefferson Street

Highway 101

First Street

2023

First Street

Road reconstruction and widening, add sidewalk on one side. Storm drainage.

First Street

A Street

C Street

2023

First Street

Road reconstruction and widening, add sidewalk on one side. Storm drainage.

First Street

Jackson Street

Harrison Street

2024

Jackson Street

Road reconstruction and widening, add sidewalk on one side. Storm drainage.

Jackson Street

Oregon Avenue

Montana Avenue

2024

There was no public comment and the public hearing was closed at 5:38pm.

6. RESOLUTION #2018-05 – ADOPTING THE SIX YEAR TRANSPORTATION IMPROVEMENT PLAN – 2019-2024

Councilor Neve made a motion to accept Resolution #2018-05 – Adopting the Six Year Transportation Improvement Plan – 2019-2024 as presented. The motion was seconded by Councilor Williams.

During discussion Councilor Buchanan asked if these projects usually happen and Mayor Struck explained that no, not necessarily. It depends on how much money is appropriated and how well each project ranks among all of the other projects on their list. South Bend has been very fortunate over the years to get at least a project or two funded through the Transportation Improvement Board.

7. ORDINANCE #1533 – UTILITY EXCISE TAX INCREASE (2%) (SECOND READING)

Councilor Neve made a motion to approve Ordinance #1533 – Utility Excise Tax Increase (2%) as presented. The motion was seconded by Councilor Williams.

During discussion Councilor Buchanan noted that he had been approached about public safety and he feels that everything is public safety, not just the police department. He is still adamant that the police department is overstaffed. Councilor Davis explained that she had come to city hall and spoke with Clerk/Treasurer Roberts who explained some of the potential savings that would be obtained if the city follows through with outsourcing of their garbage services and how those savings would reduce the impact that the 2% utility tax increase would have for the majority of the residential customers. Vote: Ayes-4, Noes-1, Absent-0 (Ayes – Councilor Williams, Councilor Neve, Councilor Davis, Councilor Little. Noes – Councilor Buchanan)

8. RESOLUTION #2018-06 – COMCAST FRANCHISE AGREEMENT

Councilor Neve made a motion to accept Resolution #2018-06 – Comcast Franchise Agreement as presented. The motion was seconded by Councilor Williams. Vote: Ayes-5, Noes-0, Absent-0

9. ITEMS FROM THE PUBLIC

Citizens Sandy & Curt Harris from 515 Pacific Avenue questioned the financial effectiveness of the city’s mosquito program. Ms. Harris felt like, even though she opts out of the spraying, the person handling the city’s spraying was wasting the spray when he was driving around just letting it “billow out”. A brief discussion about the mosquito program and how it has evolved and improved over the years followed.

Citizen Chris Thompson from 211 S Jackson thanked the council for listening to the community and lowering the utility tax increase from 5% to 2% but now it is time to make cuts to the budget.

10. DEPARTMENT HEAD REPORTS

None

11. MAYOR’S REPORT

Mayor Struck asked the council, as part of the Labor Day Committee, for permission to set up a beer garden at Cheney Park and near Highway 101 and Willapa during the Come Play on Labor Day celebration. Councilor Neve made a motion authorizing a beer garden at Cheney Park and near Highway 101 and Willapa over Labor Day Weekend. The motion was seconded by Councilor Williams. Vote: Ayes-5, Noes-0, Absent-0

Mayor Struck spoke about a recent publication that was sent out by MRSC – “Action Outside a Public Meeting, What Could Possibly Go Wrong?” Each of the councilors received a copy and Mayor Struck read briefly from the publication. “…A meeting can also occur sequentially, over time, if enough members to make a quorum collectively discuss or act upon an issue outside a public meeting. For example, board member A speaks to board member B about board business and then B discusses the prior conversations with board member C. Once a quorum has participated and shared information, a meeting has occurred. If notice of the meeting was not given and the public not allowed to attend, the Open Public Meeting Act (OPMA) is violated.” “…Members of the legislative body who knowingly violate the OPMA are subject to a $500 penalty or, for a subsequent violation, $1,000. The jurisdiction itself may be required to pay attorney fees and costs in addition to the legal expense of defending its actions. A violation can also serve as a basis for recall.”

12. COUNCIL COMMENTS
  • Councilor Buchanan defended his no vote and believes that the budget needs a drastic change. The police department is the biggest chunk of the budget.
  • Councilor Williams wanted to make sure that everyone knows that the outsourcing of the city’s garbage service is not a done deal until the council approves the agreement and a contract is signed no matter what the paper says.
13. ADJOURNMENT

The meeting was adjourned at 6:06 PM to meet again at 5:30 PM on Monday, August 13, 2018 for the next regularly scheduled meeting at South Bend City Hall.

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