HomeMy WebLinkAbout07/25/1995 Business Meeting 27 0
CITY OF YAKIMA, WASHINGTON
JULY 25, 1995
BUSINESS MEETING
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1. ROLL CALL
The City Council met in session on this date at 2:00 p.m.,
in the Council Chambers of City Hall, Mayor Pro Tem Clarence
Barnett, presiding, Council Members Henry Beauchamp, Ernie
Berger, Bill Brado, Lynn Buchanan, and Bernard Sims present
on roll call. Mayor Pat Berndt absent and excused. City
Manager Zais, City Attorney Paolella, and City Clerk Roberts
also present.
2. INVOCATION /PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Berger.
3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER
Glenn Valenzuela, Director of Community & Economic
Development, introduced Randy Beehler as the new Cable
Communications Manager.
It was MOVED BY BUCHANAN, SECONDED BY SIMS, TO
REAPPOINT TIM PETERSON AND APPOINT KEN MESSER TO THE
YAKIMA CENTER ADVISORY COMMITTEE. The motion carried
by unanimous voice vote; Berndt absent.
It was MOVED BY BRADO, SECONDED BY BEAUCHAMP, TO
APPOINT DENISE ADELL BARTON, BEV LUBY BARTZ, MICHAEL
J. CASEY, WILLIAM PUGH AND MARGARET BROWN TO THE
LOCAL REVIEW BOARD FOR HISTORIC PRESERVATION. The
motion carried by unanimous voice vote; Berndt absent.
4. CONSENT AGENDA
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Mayor Pro Tem Barnett referred to the items placed on the
Consent Agenda, questioning whether there were any additions
or deletions from either Council members or citizens
present. He announced an Off- Agenda Item No. 24A was added
to the Consent Agenda. It was the general consensus among
Council members to remove Agenda Item No. 11 from the
Consent Agenda. Mayor Pro Tem Barnett asked if any citizen
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wished to have Agenda Item No._ removed from the Consent
Agenda. Hearing 'no ''request', he item remained on the
Consent Agenda. The City Clerk then read the Consent Agenda
items, including resolutions and ordinances by title. It
was MOVED BY SIMS, SECONDED BY BUCHANAN, THAT THE
CONSENT AGENDA, AS AMENDED, BE ADOPTED. The motion
1/ carried by unanimous roll call vote; Berndt absent.
(Subsequent paragraphs preceded by an asterisk ( *) indicate
items on the Consent Agenda handled under one motion without
further discussion.)
*5. APPROVAL OF THE MINUTES OF THE MAY 2, 1995, JUNE 20, 1995 AND
JULY 11, 1995 BUSINESS MEETINGS AND JUNE 27, 1995 ADJOURNED,
JOINT MEETING
The minutes of the May 2, June 20 and July 11, 1995 Business
meetings and June 27, 1995 Adjourned Joint meeting, were
approved, having been duly certified accurate by two Council
members and no one present wishing to have said minutes read
publicly.
6. JOINT PUBLIC HEARING WITH YAKIMA COUNTY REGARDING URBAN AREA
ZONING ORDINANCE AMENDMENTS
Mayor Pro Tem Barnett welcomed County Commissioner Lewis,
who was present for the Joint Public Hearing. This being
the time set for the Joint Public Hearing, Joan Davenport,
Supervising Associate Planner, provided a brief history of
the proposed Urban Area Zoning Ordinance amendments. Four
amendments were approved last December, and six amendments
were deferred and referred to a Neighborhood Council
Committee for review. The Committee reached a consensus on
three of those remaining proposals.
Ms. Davenport summarized those issues and provided detailed
explanation of various situations pertaining to questions
from Council Member Brado concerning the proposed
amendments.: One amendment adds a requirement for when and
where a sidewalk would be constructed and also exempts
zoning review of single family homes. Another amendment
establishes a definition for Converted Dwelling and assigns
a Class 2 review classification. The third amendment deals
1/ with parking standards for residential multi - family
developments. 'Where there are 10 or fewer units in a
structure or a development, the standard would be 2 parking
spaces for each unit. Where there are more than 10 units,
the standard would be 1 1/2 spaces per dwelling unit.
Mayor Pro Tem Barnett opened the public hearing and
requested any citizen who wished to address these issues to
come before the Council and state their name and address and
any comments that they have.
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JULY 25, 1995
Bev Luby Bartz, 114 North 7th Street, spoke in favor of the
proposed amendments. She also asked when opportunity would
be provided to speak to the issues that the Neighborhood
Council Committee did not come to a consensus on.
Phil Hoge, 1512 Folsom Avenue, a member of the Neighborhood
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Council Committee, urged Council to adopt these amendments
and expressed appreciation for the process.
Mayor Pro Tem Barnett asked if there were any other citizens
who wished to comment, either for or against the proposed
amendments. There being no one, he closed the public
hearing. Since a quorum of County Commissioners was not
present at this public hearing, Mayor Pro Tem Barnett
requested staff send a copy of the video tape of this
hearing to them for review and consideration at a later
date.
Bev Luby Bartz requested the discussion be expanded to
include the amendments where no consensus was reached.
Following discussion concerning the feasibility of reaching
a conclusion on the remaining issues during this hearing,
Council directed staff to continue negotiations and
discussion of those amendments some time in the future.
However, only those amendments that the Committee agreed
upon were considered at this hearing.
Ordinance No. 95 - 36 having been read by title, it was
MOVED BY SIMS, SECONDED BY BERGER, TO PASS THE
ORDINANCE. The motion carried by 5 -1 roll call vote; Brado
voting nay; Berndt absent. Council Member Brado felt this
legislation would increase housing costs. Mayor Pro Tem
Barnett requested staff to schedule a time to discuss the
other issues. He pointed out that by passing the issues
that did reach committee consensus allows them to become
effective and not be delayed longer.
ORDINANCE NO. 95 - 36, AN ORDINANCE relating to land use
and zoning; and amending the Urban Area Zoning Ordinance
(UAZO), Title 15 Yakima Municipal Code, specifically amending
subsection 15.02.020 by adding a definition of a converted
dwelling and modifying Table 4 -1 accordingly; and by adding a
new subsection providing for sidewalk requirements to section
15.05.020; and modifying off - street parking standards by
amending Table 6 -1, Off- Street Parking Standards.
7. PUBLIC HEARING TO CONSIDER HEARING EXAMINER'S RECOMMENDATION
ON BOHLKE /CARPENTER STREET VACATION (VICINITY OF NORTH 55TH
AVENUE AND ENGLEWOOD HILL DRIVE) (BRING MATERIAL PREVIOUSLY
DISTRIBUTED)
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This being the time. et for,the public hearing, Bruce
Benson, Associate 'Pla summarized the details of the
street vacation request, which was put on hold last year.
During the intervening period of time, an agreement was
reached that seems to meet the needs of the property owners
1/ as well as addresses the concerns expressed by the Hearing
Examiner concerning adequate protection of access rights.
The Examiner has reviewed this agreement and then reversed
his previous recommendation. The staff concurs with the
reversal and recommended adoption of the vacation ordinance.
There being no questions of staff, Mayor Pro Tem Barnett
opened the public hearing. He invited citizen comments
about the vacation request.
Charles R. Bohlke, 5507 Englewood Hill Drive, Petitioner,
described the cooperative effort among neighbors over the
past year which resulted in a joint settlement agreement
being reached with the people who initially opposed the
vacation request. He explained the Hearing Examiner's
concern about a storage shed located to the north of the
property was addressed. An easement agreement has been
reached and the issue has been settled.
Mayor Pro Tem Barnett asked if any other citizen wished to
speak to this issue. There being no one, he closed the
public hearing.
Ordinance No. 95 -37 having been read by title, it was MOVED
BY BUCHANAN, SECONDED., BY SIMS, TO PASS THE
ORDINANCE. The motion carried by unanimous roll call vote;
Berndt absent.
ORDINANCE NO. 95 - 37, AN ORDINANCE vacating an alley
right - of - way between 5507 and 5513 Englewood Hill Drive.
8. AUDIENCE PARTICIPATION
Daniel Tilley, 313 North 31st Avenue, petitioned the Council
to set a date of public hearing on his previous application
to vacate a portion of Garrett Street right -of -way. After a
considerable amount of discussion concerning procedures and
legal requirements surrounding this issue, each Council
member was polled to find out whether they intended to
continue the issue. It was determined that the motion at
the previous hearing was to disapprove the vacation until a
project, including financing, is in place. Mr. Tilley was
advised to submit his new application (without charge) to be
processed for a public hearing. Kathy Eims requested
notification when the public hearing is scheduled.
Ken Whitmire expressed his concerns about the new logo
adopted on the Consent Agenda. He urged Council to
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reconsider their decision because he likes the existing
logo. After discussion of this request, it was MOVED BY
BRADO, SECONDED BY BEAUCHAMP, TO RECONSIDER THE
PREVIOUS MOTION. The motion failed by a tie vote.
9. REPORT FROM PUBLIC WORKS REGARDING REFUSE ISSUES AND PROPOSED
LEGISLATION
Nancy Gaudette, Refuse and Recycling Manager, referred to
certain requests included in her interim staff report
pertaining to refuse issues and proposed legislation.
Council Member Brado pointed out the importance of
soliciting public input before making any changes in
service. He also requested consideration be given to
letting private garbage haulers fulfill any services that
are to be eliminated. There was a considerable amount of
discussion about Council Member Brado's request.
It was MOVED BY BUCHANAN, SECONDED BY BERGER, TO
AUTHORIZE THE CHANGE IN STARTING TIME FOR REFUSE
COLLECTION FROM 7:00 AM TO 6:00 AM FOR JUNE, JULY
AND AUGUST, TO BEGIN AUGUST 1995. The motion carried
by unanimous voice vote; Berndt absent. Council directed
staff to publish a notice in the newspaper and inform those
on routes that start before 7:00 a.m.
Council Member Brado suggested a flyer be included in the
utility bill notifying citizens of possible changes and also
a notice be published in the paper in addition to the
agenda. Nancy Gaudette pointed out it is a two -month
process to distribute flyers in the utility billings.
Council Member Beauchamp referred to the proposal that would
change the weight limit of garbage cans from 75 to 65
pounds, which is the average that other providers use.
Discussion continued about reducing garbage can weight
limits and its effect on refuse workers. Council tried to
include in a motion the entire scope of the issue which
staff would put into ordinance form. A public hearing will
be held before any action is taken on the proposed
legislation. Discussion continued about whether or not to
eliminate carryout or sunken can service, except for elderly
or handicapped persons, or to just reduce the weight limit
of the garbage cans. Council Member Brado again suggested
using private haulers to provide any service which would be
eliminated.
It was MOVED BY SIMS, SECONDED BY BUCHANAN, TO
PREPARE AN ORDINANCE TO REDUCE THE CAN WEIGHT TO 65
POUNDS; THE SECOND PROVISION WOULD BE INSTEAD OF
ELIMINATING CARRY -OUT AND SUNKEN CAN SERVICE, TO
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REDUCE THE CAN. WEIGHT TO 50 ON THOSE ITEMS.
Council Member Barne d
tt' reitera "the fact that there would
be appropriate notification and explanation of any proposed
changes at some future date, and there would be proper
notification for public hearing. As a point of
1/ clarification, City Manager Zais explained that two
ordinances will be brought back per Council direction. One
ordinance would basically implement one set of
recommendations -- the issue of carryout and those choices
-- and a second ordinance that would provide the other
alternative. The public hearing will be for the purpose of
considering specific amendments and the ordinances as well
as the other proposals contained in the staff report. Mayor
Pro Tem Barnett agreed with an earlier suggestion made by
Council Member Buchanan that a public hearing be held on all
these issues and a determination made before any ordinances
are drafted. The question was called for a vote on
the motion. The motion carried by unanimous voice vote;"
Berndt absent.
The topic of discussion shifted to back up equipment and it
was MOVED BY BUCHANAN, SECONDED BY BEAUCHAMP, TO GO
TO BID IMMEDIATELY IN THE ORDERING PROCESS FOR BACK
UP EQUIPMENT THAT WE WERE GOING TO CONSIDER IN OUR
1996 BUDGET. The motion carried by unanimous voice vote;
Berndt absent.
Jared Sweesy, President of Local 1122, AFSCME, thanked
Council for its consideration. Mayor Pro Tem Barnett
invited AFSCME to the„Public'Hearing in order to present its
arguments.
10. RECONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF
CONCESSION CONTRACT AT THE TRANSIT CENTER
John Haddix, Transit Division, explained the additions to
the resubmitted contract includes the standard $1 million
liability insurance. Paul McMurray, Assistant City
Attorney, provided legal explanation concerning performance
bonds and answered questions about the concession contract.
Council Member Beauchamp objected to the bathroom inspection
requirement because the same person would also be handling
food. There was continued discussion about this issue.
1/ Resolution No. R -95 -99 having been read by title, it was
MOVED BY SIMS, SECONDED BY BRADO, TO ADOPT THE
RESOLUTION. The motion carried by 5 -1 voice vote;
Beauchamp voting nay; Berndt absent.
RESOLUTION NO. R 95 - 99, A RESOLUTION authorizing the
City Manager and the City Clerk of the City of Yakima to
execute a concessionaire agreement between the City of Yakima
and Earl Steven Lee and Mel Stubblefield, d /b /a Early's
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JULY 25, 1995
Concessions to operate a concession stand at the Transit
Center.
*11. CONSIDERATION OF RECOMMENDATION FROM COUNCIL TRANSIT
COMMITTEE TO PAY SHARE OF SUNTRAN ELECTION COSTS
Mayor Pro Tem Barnett expressed concern about future
election costs if this issue goes up for election time after
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time.
Council Member Sims reported the Committee will be bringing
back a phased approach that will be offered at their
upcoming meeting. That outcome will determine the future of
the PTBA. City Manager Zais explained the veto power of the
three representatives on the Suntran Board could be used if
any question came up in the future.
It was MOVED BY BEAUCHAMP, SECONDED BY SIMS, TO
ACCEPT THE RECOMMENDATION FROM THE COUNCIL TRANSIT
COMMITTEE AND STAFF TO AUTHORIZE AND DIRECT THE CITY
MANAGER TO PAY THE CITY'S SHARE OF THE SUNTRAN
ELECTION COST OF $14,027. The motion carried by
unanimous voice vote; Berndt absent.
*12. CONSIDERATION OF RESOLUTION APPROVING NEW CITY LOGO
RESOLUTION NO. R - 95 - 100, A RESOLUTION describing and
adopting the official logo of the City of Yakima.
*13. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF GATEWAY
PROJECT: SUPPLEMENT #4 - CONSTRUCTION ENGINEERING SUPPORT
RESOLUTION NO. R - 95 - 101, A RESOLUTION authorizing the
City Manager and City Clerk of the City of Yakima to execute
Supplement #4 to the agreement with CH2M Hill for
professional services.
*14. CONSIDERATION OF RESOLUTIONS AUTHORIZING EXECUTION OF
CONTRACTS WITH SCOTT WETZEL COMPANY FOR:
A. THIRD PARTY ADMINISTRATORS AGREEMENT, APPENDIX B
COMPENSATION
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RESOLUTION NO. R -95 -102, A RESOLUTION authorizing the
City Manger and City Clerk of the City of Yakima to execute
an amendment to the Workers' Compensation Third Party
Administrators Agreement with Scott Wetzel Services, Inc. for
workers' compensation services for the years 1995 and a
portion of 1996.
B. ON -LINE DATA SERVICE
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RESOLUTION NO. R -95 - 103, A`'RESOLUTION authorizing the
City Manager and the City Clerk to.execute an On -Line Data
Services Agreement with Scott Wetzel Services, Inc.
1/ *15. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF CONTRACT
WITH HOGUE RANCHES FOR BENEFICIAL UTILIZATION OF WASTEWATER
TREATMENT PLANT BIOSOLIDS
RESOLUTION NO. R - 95 - 104, A RESOLUTION authorizing the
renewal of a contract with Hogue Ranches for utilization of
Wastewater Treatment Plant Biosolids.
*16. CONSIDERATION OF RESOLUTION AUTHORIZING PAYMENT OF RELOCATION
COSTS FOR RENTERS DISPLACED DUE TO FIRE BOND PROJECT
RESOLUTION NO. R - 95 - 105, A RESOLUTION authorizing and
directing the City Manager to pay moving expenses up to $250
;per household for residential tenants displaced as a result
of the City's Fire Station No. 5 Expansion Project and
electing not to comply with the provisions of RCW 8.26.035
through 8.26.115.
*17. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF
AMENDMENT TO THE AFSCME AND AFSCME TRANSIT COLLECTIVE
BARGAINING AGREEMENTS REGARDING SPECIAL ASSIGNMENT PAY FOR
BI- LINGUAL SERVICES
RESOLUTION NO. R - 95 - 106, A RESOLUTION authorizing the
City Manager of the City of Yakima to execute a Supplemental
Agreement Between the City of Yakima and Council 2,
Washington State of County and City Employees Representing
Locals 1122/1122 -T of the American Federation of State,
County and Municipal Employees, AFL -CIO.
*18. CONSIDERATION OF LEGISLATION RELATING TO GRAFFITI REMOVAL:
A. RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WITH THE
DEPARTMENT OF CORRECTIONS
1/ RESOLUTION NO. R - 95 - 107, A RESOLUTION authorizing the
execution of an interlocal agreement for graffiti cleanup or
repainting between the City of Yakima and Yakima County.
B. FIRST READING OF ORDINANCE AMENDING THE 1995 BUDGET AND
APPROPRIATING FUNDS FOR GRAFFITI REMOVAL (NO FORMAL ACTION
REQUIRED THIS MEETING)
An Ordinance amending the 1995 budget and appropriating funds
to provide for an interlocal agreement with the County for
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JULY 25, 1995
graffiti cleanup, having been read by title only, was laid
on the table for two weeks, until August 8, 1995.
*19. APPROVAL OF FINAL CONTRACT PAYMENT FOR THE YAKIMA RAILROAD
AREA WATERMAIN EXTENSION PROJECT FOR ZONE 1 EAST (STANDARD
MOTION V -B -- ACCEPT PROJECT AND APPROVE FINAL PAYMENT)
The report from the City Engineer, dated July 10, 1995, with
respect to the completion of the work on the Yakima Railroad
Area Watermain Extension Project - Zone 1 East, performed by
Central Concrete & Utilities, was approved, the work accepted
and payment of the final estimates as therein set forth was
authorized.
*20. APPROVAL OF SECOND QUARTER 1995 BUDGET REPORT
The Second Quarter 1995 Revenue and Expenditure (Budget)
Report was approved.
*21. CONSIDERATION OF RESOLUTION RE- SETTING DATE OF PUBLIC HEARING
BEFORE THE HEARING EXAMINER TO AUGUST 17, 1995 ON YAKIMA
SCHOOL DISTRICT #7 RIGHT -OF -WAY VACATION
RESOLUTION NO. R - 95 - 108, A RESOLUTION fixing time for
public hearing before the Hearing Examiner on August 17,
1995, on a petition filed with the City Clerk by Yakima
School District #7 to vacate a portion of right -of -way
located at Beech Street, South 8th Street, South 9th Street,
and Maple Street in the vicinity of Washington Middle School.
22. FIRST READING OF ORDINANCE AMENDING THE 1995 BUDGET AND
APPROPRIATING FUNDS INTO THE TRANSIT OPERATING BUDGET (NO
FORMAL ACTION REQUIRED THIS MEETING)
An Ordinance amending the 1995 budget and appropriating funds
into the Transit Operating Fund for Dial -A -Ride services and
overtime costs, having been read by title only, was laid on
the table for two weeks, until August 8, 1995.
*23. CONSIDERATION OF ORDINANCE INITIATING CONDEMNATION
PROCEEDINGS AGAINST MERRITT FINES
ORDINANCE NO. 95 - 38, AN ORDINANCE authorizing and
directing the institution and prosecution of legal
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proceedings for the condemnation and acquisition of real
property for a previously constructed drain line located
between Ahtanum Road and Wide Hollow Creek in the City of
Union Gap, Washington; providing for the condemnation and
taking of such real property and declaring the condemnation
and taking thereof to be necessary for the public use
required by the public interests; directing that compensation
for such taking be paid from fund 478 - Yakima Wastewater
Facilities Capital Fund.
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24. OTHER BUSINESS
*A. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF
RENTAL AGREEMENT WITH SAM DILLY FOR OAK FLATS RESIDENCE
1/ RESOLUTION NO. R -95 -109, A RESOLUTION authorizing the
City Manager to execute a Residential Rental and Security
Deposit Agreement with-Sam Dilly, a single person, for the
use of certain property at Oak Flats.
Information Items:
Items of information supplied to Council were: Memorandum
from Code Administration Manager regarding Progress Report
for the Northeast and North Central Strategic Action Plan.
7/20/952; Commute Trip Reduction Second Quarter 1995
Report; Y -PAC Production Second Quarter 1995 Report;
Letter from Ben R. Grandy regarding Washington State Voters
Rights Coalition, Inc. 7/95; Agenda for July 27, 1995
Hearing Examiner meeting; Yakima Fire Department Monthly
Activity Report for June 1995; Memorandum from Transit
Operations Supervisor regarding 1995 Fourth of July Free
Shuttle. 7/7/95; Minutes of the July 5, 10 and 11, 1995
PTBA Oversight Committees meetings; Assignments Pending in
Office of Environmental . Planning as of July 25, 1995;
Action Call from American Public Transit Association
regarding Amendment 'to Increase Operating and Capital
Funding by $135 Million and July 10, 1995 Legislative Alert;
Article from July 18, 1995 Seattle Post- Intelligencer,
"Former Fire Chief Seeks Damages from City "; Article from
July.1995 Washington CEO, "Quality Lifestyle a Trump Card to
Lure New Employers "; Special Report from National League of
Cities regarding 1995 Fiscal Conditions Report. 7/10/95;
Hispanic Chamber of Commerce of Greater Yakima Strategic
Plan 1995 -2000, 1995: The First Step; and Initiatives
2000, a project of the Greater Yakima Chamber of Commerce.
Material provided to Council at the meeting were:
Memorandum from Supervising Traffic Engineer regarding
Traffic Calming Device Video Tape. 7/23/95; Letter from
State Department of Retirement Systems regarding City of
Yakima Deferred Compensation Program. 7/20/95; Memorandum
1/ from Code Administration Manager regarding Abandonment of
Oil Tanks. 7/20/95; Agenda for the July 27, 1995 Yakima
Air Terminal Board meeting and minutes of its June 22, 1995
and July 6, 1995 meetings; DOE notice: Yakima Railroad
Area. July 1995; Memorandum from Parks and Recreation
Manager regarding Jack Morris' concerns (7/17/95) and May
3, 1995 letter to Mr. Morris; and An unsigned Open Letter
to the Mayor, City Council Members, Chamber of Commerce, and
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JULY 25, 1995
Whoever else is interested in the well -being of this
community.
25. EXECUTIVE SESSION REGARDING (ALLOW 30 MINUTES):
A. PROPERTY ACQUISITION (CBD PROPERTY AND I -82 /GATEWAY)
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B. COLLECTIVE BARGAINING /PROSPECTIVE LITIGATION
It was MOVED BY BUCHANAN, SECONDED BY SIMS, TO MOVE
INTO EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING
PROPERTY ACQUISITION, COLLECTIVE BARGAINING/
PROSPECTIVE LITIGATION. The motion carried by unanimous
voice vote; Berndt absent.
26. ADJOURNMENT
Following the conclusion of the Executive Session, the
meeting adjourned at 4:30 p.m.
READ AND CERTIFIED ACCURATE BY / - 17"64. 97
COUN MEMBER DATE
COUNCIL M R� DATE
ATTEST:
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4<6(-11-1--v"" K- c% fiLe /v � ( -vn _ j �,f ) __ L.. ,/ - r� J/%
CITY CLERK '--'' A YOR P°0 TEM
Minutes prepared by Deputy City Clerk Skovald. An audio and video tape of this meeting are
available in the City Clerk's Office.
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