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HomeMy WebLinkAbout10/18/2005 Business Meeting 29:8. BUSINESS MEETING OCTOBER 18, 2005 - 2:00 P.M. COUNCIL CHAMBERS - CITY HALL 1. Roll Call Present: Council: Mayor Paul George, presiding, Council Members Ron Bonlender, Dave Edler, Neil McClure, Mary Place, Bernard Sims, and Susan Whitman Staff: City Manager Zais, City Attorney Paolella and City Clerk Roberts 2. Invocation /Pledge of Allegiance Council Member Edler gave an Invocation, followed by the Pledge of Allegiance led by Council Member Sims. 3. Open Discussion for the Good of The Order /Special Presentations A. Proclamations None B. Special Presentations: • PAL "Platinum Partner" Award Officer Reynoldo Garza presented a number of participants from the PAL program who presented Council with a plaque of appreciation for their support. • AWC "Golden Apple" Award for Wellness Donna Lindsey presented the 2005 Golden Apple award the City of Yakima received in recognition for promoting Health and Wellness to employees. Nicole Nunn promoted the upcoming Public Employees Fall Follies. • Fire Department Hurricane Katrina Deployment Report Mark Ancira, Kai Nishida, Tim Kerns, and Harlan Peterson showed slides taken while they were in the hurricane area. They also emphasized the importance for citizens to be prepared to take care of themselves for up to a week in case of such an emergency. Chief Mayo thanked the Council for allowing the firefighters to be sent to the disaster area to help another city. • Status update on irrigation improvement projects Dave Brown, Water and Irrigation Manager, gave a detailed status report on the irrigation projects answering the citizens' question, "where did our money (irrigation rates revenue) go ?" 29'9 OCTOBER 18, 2005 C. Citizen service requests There were none to address. D. Consideration of appointments to boards and commissions (if any) • Judy Pozarich to the Community Review Board Joe Caruso, Code Enforcement Supervisor, introduced Judy Pozarich who the CRB Selection Committee is recommending to fill the vacancy on the committee. Judy has 19 years experience in building and code enforcement for Yakima County and has been a certified building inspector since 1993. She has been a Yakima resident for over 35 years. PLACE MOVED AND BONLENDER SECONDED TO APPOINT JUDY POZARICH TO THE COMMUNITY REVIEW BOARD. The motion carried by unanimous roll call vote. On behalf of For a Better Tomorrow, Barbara Greco and Tony Sandoval presented a video about what the City of Everett accomplished in rebuilding their city. They are a great example; during two visits with them, Yakima leaders have learned what pitfalls they met with and their successes. The group that toured will put together a report and share it with the City Council. One thing pointed out was, when you are building, don't try to get by with the minimum, do it first class as that is what will be appreciated. 4. Consent Agenda Mayor George 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. 18 was removed from consent. The City Clerk read the Consent Agenda items, including resolutions and ordinances by title. SIMS MOVED AND PLACE SECONDED TO ADOPT THE CONSENT AGENDA AS READ. The motion carried by unanimous roll call vote; Whitman temporarily absent. (Subsequent paragraphs preceded by an asterisk ( *) indicate items on the Consent Agenda handled under one motion without further discussion.) EDLER MOVED AND PLACE SECONDED TO MOVE ITEM 6, THE JOINT PUBLIC HEARING, IN FRONT OF ITEM 5. The motion carried by a 6 -1 voice vote; Bonlender voting nay. *A. Approval of the minutes of the August 2 and October 4, 2005 Business meetings, and September 30, 2005 Adjourned meeting The minutes of the August and October 4, 2005 Business meetings and September 30, 2005 Adjourned meeting were approved, having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly. 2 OCTOBER 18, 2005 5. Audience Participation David Hawkins, 4702 Bristle Way, commented on the newspaper's editorial on cruising. He spoke in support of continuing cruising, but was unhappy with the way the Lowriders' event was handled. Mike Hunnel, 913 South 4th Avenue, again raised the issue of handicap access at the corner of 3rd Avenue and Stewart Street. Although he had been informed by mail that the City does not retrofit areas until work is scheduled for the area, he claims that is discrimination to seniors and the disabled. He warned that the City is vulnerable for a lawsuit. Mayor George recommended this item be put on the agenda in the future to allow proper investigation and discussion. PUBLIC HEARINGS 6. Joint public hearing with Yakima County to consider the Regional Planning Commission's recommendations on the 2005 Comprehensive Plan amendment requests Bruce Benson, Planning Supervisor, advised that there have been three requests to amend the Future Land Use Map for the City of Yakima. Although each of the requests is located within the City of Yakima, it is a requirement to join with the County to review them. 101 North Naches Avenue The request came from United Builders. The property is the former First Church of Christ Scientist. The building is being turned into an entertainment venue and they are requesting changing the Land Use Map from Professional Office to Central Business District (CBD) Core Commercial. Should it be approved, they will come back with a rezone request. The Regional Planning Commission (RPC) voted unanimously in favor of the amendment. • Mayor George opened the public hearing No one came forward to speak. PLACE MOVED AND SIMS SECONDED TO CHANGE THE FUTURE LAND USE MAP FROM PROFESSIONAL OFFICE TO CENTRAL BUSINESS DISTRICT CORE COMMERCIAL. The motion carried by unanimous roll call vote. PALACIOS MOVED AND GAMACHE SECONDED TO FOLLOW THE RECOMMENDATION OF THE REGIONAL PLANNING COMMISSION. The motion carried by unanimous voice vote; Leita absent. 3 30 1 OCTOBER 18, 2005 904 & 906 North 4th Street The applicant is D &R. Garza Properties, LLC. It involves changing two lots from Low Density Residential to Neighborhood Commercial. If the change to the Land Use Map is approved, they will ask to rezone the property to Historical Business. There is adjoining Historical Business property and this property is used in conjunction with that business. The RPC unanimously recommend approval. No one came forward to speak on this property. PLACE MOVED AND SIMS SECONDED TO ACCEPT THE REGIONAL PLANNING COMMISSION'S RECOMMENDATION TO CHANGE THE FUTURE LAND USE MAP FROM LOW DENSITY RESIDENTIAL TO NEIGHBORHOOD COMMERCIAL. The motion carried by unanimous roll call vote. PALACIOS MOVED AND GAMACHE SECONDED TO ACCEPT THE RECOMMENDATION OF THE RPC AND GRANT THE CHANGE TO NEIGHBORHOOD COMMERCIAL. The motion carried by unanimous voice vote; Leita absent. 1708 South 16 Avenue The applicant is DH Construction & Development, Inc. The request is to change one parcel from Medium Density Residential to Neighborhood Commercial on the Future Land Use Map. This property is located in front of a large storage complex and, if approved, will be requesting a rezone to Professional Business (B -1). No one came forward to speak. PLACE MOVED AND SIMS SECONDED TO ACCEPT THE REGIONAL PLANNING COMMISSION'S RECOMMENDATION TO CHANGE THE FUTURE LAND USE MAP FROM MEDIUM DENSITY RESIDENTIAL TO NEIGHBORHOOD COMMERCIAL. The motion carried by unanimous roll call vote. PALACIOS MOVED AND GAMACHE SECONDED TO ACCEPT THE • REGIONAL PLANNING COMMISSION'S RECOMMENDATION. The motion carried by unanimous voice vote, Leita absent. Commissioner Gamache recommended that, in the future, the joint hearings be held prior to the Council business meeting rather than in the middle to better accommodate everyone's schedules. 7. Public hearing to consider the 2006 Community Development Block Grant and HOME Annual Action Plan (See Resolution adopting the 2006 CDBG and HOME Annual Action Plan) Bill Cobabe, Office of Neighborhood Development Services Manager, explained that planning for Community Development Block Grant (CBDG) and the HOME Programs involves setting goals through a Five Year Plan that are 4 302 OCTOBER 18, 2005 implemented by annual action plans. This hearing is for the second year implementation of the 2005 -2009 Consolidated Plan. The 2006 Action Plan consists of programs and investments that move toward goals in housing, economic development, and community development through service delivery and infrastructure investments. Mr. Cobabe listed some of the significant programs such as Paint Out Graffiti, housing and clean up programs, and the Down Payment Assistance Program. Accomplishing the goals will require many community partnerships. The budget amount presented is a best guess, although it was before hurricane Katrina. It does include the newly annexed areas. • Mayor George opened the public hearing No one came forward to speak. • Mayor George closed the public hearing Mr. Cobabe noted that, as part of this year's compilation of opinions, they conducted three separate surveys of business owners asking about their needs. In a survey of downtown building owners they found interest in expanding housing opportunities in the downtown area. They also went door to door in the Northeast area asking about people's interest in participating in a rehabilitation program. This hearing is the conclusion of the 30 -day comment period on the draft plan. The City Clerk read the resolution by title only; SIMS MOVED AND BONLENDER SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. • RESOLUTION NO. R- 2005 -156, A RESOLUTION adopting the 2006 CDBG and HOME Annual Action Plan and authorizing and directing the City Manager of the City of Yakima to submit the plan for approval by the Seattle Regional Office of the U.S. Department of Housing and Urban Development. CITY MANAGER'S REPORTS 8. Presentation of the 2006 Budget Forecast and set date of public hearings on: A. November 15, 2005 to consider Ad Valorem Property Tax increase for 2006 B. November 15, 2005 on the 2006 Proposed Budget City Manager Zais took the opportunity to recognize the people who worked hard on developing this budget. He describe it as fiscally conservative, lean, and balanced. There are no new taxes budgeted with the exception of the .3% sales tax authorized by voters a year ago for criminal justice. The total budget is $164 million; with the general government budget about $52 million, a 3.1 % increase over the 2005 amended budget. If we were to set aside the criminal justice portion, the real increase is only about 2 %; below current inflation levels. He then spoke about the City's reserves saying we've maintained reserves in the general government area but they are at minimum levels, about 7 %. When we start talking about making choices, it clearly affects the City's use of reserves. When looking at other needs and demands that are in this budget, they can't all 5 303 OCTOBER 18, 2005 be met. When folks come forward and ask for unbudgeted items to be considered, his direction will be to go back to the Budget Strategy Team (BST) report and determine what we are prepared to give up, not what we're going to add. We cannot add because of the reserve condition. The budget follows the Council's strategic priorities by maintaining and enhancing our critical and essential services to the citizens. We have incorporated a number of recommendations that came from the BST; regionalization being a key focus. He concurred that a strategy should be designed to move forward with a plan for independence of the library. He mentioned one impact on the budget is Yakima County jail costs. The County is proposing a 25% increase on jail rates. We've budgeted about 11% of that, but we can't afford more than that without going into the contingency plan or negotiating an alternative with the County. Mr. Zais then spoke about the addition of a code compliance officer for the refuse and litter division paid for by a rate adjustment. It fits into the Council's priority to clean up the city. In preparing this budget we had to meet extraordinary fiscal challenges and state mandates. With the advent of public disclosure, a records officer is be added to assist us in processing public disclosure requests. He then spoke about unfunded mandates from both the state and federal law. Mr. Zais went on to discuss employee salaries and benefits, contracts that are currently in negotiation, and commented that there are no layoffs planned. He did say that, looking beyond the 2006 cycle, in order to make sure we don't have major reductions in services in 2007, he is recommending a salary freeze for ALL employees. He commented that the Council asked what a typical household pays for City services, e.g. water, sewer, parks, police, fire, etc. It is $1,924 a year and he feels that is a bargain, a great investment in our community. With annexations, the number of employees per capita has declined over the last decade because of the increase in population. Our taxes are still low compared to what other communities pay. It is our continuing effort to keep the budget in line with what the community can afford. Mr. Zais then noted a correction in the budget schedule. The schedule for budget adoption is December 13 and that will also be the last Council meeting to finish the business of the year. McCLURE MOVED AND PLACE SECONDED TO SET NOVEMBER 15, 2005 AS THE DATE FOR THE PUBLIC HEARINGS. THE AD VALOREM HEARING TO BE HELD DURING THE REGULAR BUSINESS MEETING AND THE PROPOSED BUDGET HEARING TO BE HELD AT 7:00 P.M. The motion carried by unanimous voice vote. Following a short break to change the video tape, the meeting resumed at 4:12 p.m. 6 3 0.4 OCTOBER 18, 2005 *9. Consideration of Resolution granting public fireworks display permit to Eagle Fireworks for Eisenhower High School ASB for October 21, 2005 at Zaepfel Stadium and waiving permit application fee RESOLUTION NO. R- 2005 -157, A RESOLUTION granting a public fireworks display permit to Eagle Fireworks and waiver of the $50.00 permit application fee on behalf of Eisenhower High School ASB. *10. Consideration of Resolution authorizing execution of intergovernmental cooperative purchasing agreement with Intercity Transit in Olympia, WA RESOLUTION NO. R- 2005 -158, A RESOLUTION authorizing the execution of an Intergovernmental Cooperative Purchasing Agreement with Intercity Transit, Olympia, WA. *11. Consideration of Resolution accepting and approving the Third Quarter 2005 Claims Report RESOLUTION NO R- 2005 -159, A RESOLUTION accepting and approving the 3 Quarter 2005 Claim Report for the City of Yakima. *12. Consideration of Resolution authorizing sole source purchase of the Enterprise Edition of the Sigma Data Systems Applicant Management System RESOLUTION NO. R- 2005 -160, A RESOLUTION authorizing the purchase of the Enterprise Edition of the Sigma Data Systems Applicant Management System as a sole source without calling for bids. *13. Consideration of a Resolution declaring two used police cars to be surplus and authorizing their transfer to the City of Pe Ell Police Department RESOLUTION NO. R- 2005 -161, A RESOLUTION declaring two used police cars to be surplus and authorizing their transfer to the City of Pe Ell police Department. *14. Consideration of Standard Motion V -B and Resolution to set date of public hearing: A. Approval of final contract payment for 7 `h, 8`h, an d 9 Avenues Sewer LID No. 1056, performed by THG Construction (Standard Motion V - to accept the project and approve the final payment) The report from the City Engineer, dated September 29, 2005, with respect to the completion of the work on the South 7th, 8th and 9 Avenue LID, performed by THG Construction, was approved, the work accepted and payment of the final estimates as therein set forth was authorized. 7 3 0 5. OCTOBER 18, 2005 B. Consideration of Resolution fixing a date of public hearing for November 8, 2005 at 8:30 a.m. on the final assessment rolls for LID No. 1056 RESOLUTION NO. R- 2005 -162, A RESOLUTION fixing November 8, 2005 at 8:30 a.m. as a time and date for a hearing on the final assessment rolls for Local Improvement District no. 1056. *15. Set date of public hearing November 1, 2005 to consider an amendment to the Municipal Code to defer implementation of the stormwater utility fees November 1, 2005 was set as a date of public hearing to consider legislation deferring the Stormwater Utility fees. *16. Set date of closed record public hearing for November 1, 2005 to consider the Hearing Examiner's recommendation for a long plat at 1419 S. 72 Avenue November 1, 2005 was set as the date of a closed record public hearing to consider the Hearing Examiner's recommendatioh for a long plat at 1419 South 72 Avenue requested by Pete Olson and Frank Baehm. ORDINANCES 17. Consideration of an Ordinance amending the Municipal Code to provide for limited exemptions from payment of irrigation operation and maintenance charges Dave Brown, Water and Irrigation Manager, said there had been a request to look into exempting the operation and maintenance (0 & M) portion of the rate for those places that are 95% covered with asphalt or concrete and are not used primarily for residential use such as a car lot or a grocery store. The customer cannot have used irrigation for the last twelve months and they have to be capable of using drinking water for any area that still does need to be watered. If they are exempted, they are transferring their demand from the irrigation system to the drinking water system so their base irrigation charge will then be based on square footage of their property. Also, their utility account must be in good standing. The point of the exemption is, if they're not using irrigation water, should they be paying the operation and maintenance charges on it. Mayor George asked what is the loss to the City to which Mr. Brown responded approximately $200 a year. Council Member Place spoke against the idea because of concerns about the potential change of use of the property. She also questioned how many people could apply for this exemption and what would be the impact to the utility overall. Mr. Brown said they have not come up with a method to figure out the potential impact, but, in looking at the irrigation system and the maps, most of the larger areas like the Safeway store and the credit 8 300 OCTOBER 18, 2005 union were taken out many years ago. In his estimation, the big places that could be affected are already out of the irrigation utility. There are not more than 12 -14 locations that qualify and it's not going to be a big impact. He explained that if someone applied for exemption we would take out the connection. If, in the future, they want to get back into the irrigation utility, they would have to pay to have a new tap put in and they would go back to paying the O &M charges. The City Clerk read the ordinance by title only; BONLENDER MOVED AND McCLURE SECONDED TO PASS THE ORDINANCE. Council Member Bonlender commented that this is to correct a wrong and, as such, is a good thing as it will have negligible effect on the ratepayers. Council Member Place expressed concern that we don't know the full impact and we're stepping out ahead of information with almost no contact with the public about it. Mr. Brown explained how they had discussed the wording with an attorney for protection and, as such, it should be limited to industrial /commercial property. Council Member Place suggested an amendment with a sunset of a year to evaluate how it affects us and then continue it at that time if we see it doesn't have a negative effect. PLACE MOVED AND SIMS SECONDED TO AMEND THE ORDINANCE TO INCLUDE A SUNSET CLAUSE FOR EVALUATION AFTER ONE YEAR FROM THE EFFECTIVE DATE. The motion carried by a 6 -1 roll call voice vote; Bonlender voting nay. PLACE MOVED AND SIMS SECONDED TO AMEND THE ORDINANCE TO SAY 30 DAYS EFFECTIVE FROM DATE OF PUBLICATION INSTEAD OF 5 DAYS; PROVIDED, HOWEVER, THAT THIS ORDINANCE SHALL SUNSET AND CEASE TO BE IN EFFECT ONE YEAR FROM THE PUBLICATION DATE. The motion carried by unanimous voice vote. The question was called for a vote on the amended motion. The amended motion carried by a 6 -1 roll call vote; Place voting nay. ORDINANCE NO. 2005 -57, AN ORDINANCE establishing terms and conditions for exemption from certain charges for irrigation water service; amending section 7.24.100 of the Yakima Municipal Code; and providing for an effective date. 18. Consideration of an Ordinance repealing Section 10.05.100 of the Municipal Code relating to abatement of hazardous vegetation and debris and processing enforcement of weedy Tots through the 2003 International Fire Code under the authority of the Code Administration and Planning Manager City Manager Zais gave a brief history on the handling of weedy lots in the City of Yakima. Many of the Council members have requested looking at amending the Municipal Code to delegate it to the Code and Planning Manager. The City Clerk read the ordinance by title only; McCLURE MOVED AND SIMS SECONDED TO PASS THE ORDINANCE. Ken Harper, legal counsel for the City discussed the change. He noted that an appeal process would remain for citizens who are aggrieved. An appeal will go to the Board of Appeals rather than to Council. Council Member Bonlender emphasized that just because the City Council would not be hearing about the weedy lots does not mean they are 9 30;7. OCTOBER 18, 2005 letting up on them. In his opinion the procedure will be more efficient because the people closest to it can follow up more quickly. Council Member Sims asked about the ongoing saga with the property at Gilbert and Barge that hasn't been fully resolved. He asked if this change will expedite the City's ability to resolve such questions in the future on properties that impose fire hazards. Doug Maples, Planning and Code Enforcement Manager said the International Fire Code also addresses property like that mentioned by Council Member Sims. It allows us to use the International Urban Wild Land Interface codes. This particular property has a tremendous amount of fire Toad on it and this code provides very clear criteria on how to deal with that. The question was called for a vote on the motion. The motion carried by unanimous roll call vote. ORDINANCE NO. 2005 -58, AN ORDINANCE relating to the regulation of accumulated combustible vegetation on real property within the City of Yakima and repealing Section 10.05.100 of the City of Yakima Municipal Code. *19. Second reading of an Ordinance amending the 2005 budget and appropriating funds for reimbursable Engineering Division project related engineering expenses An Ordinance amending the 2005 budget and appropriating funds for reimbursable Engineering Division project related engineering expenses, previously having been read by title only, was brought before the Council for a second reading. ORDINANCE NO. 2005 -59, AN ORDINANCE amending the 2005 budget for the City of Yakima; and making an appropriation of $42,000 in the 000 — General Fund to provide for reimbursable expenses related to engineering project. *20. Second reading of an Ordinance amending the 2005 budget and appropriating funds for unanticipated Cemetery Division staff retirement cash out expenses An Ordinance amending the 2005 budget and appropriating funds for unanticipated Cemetery Division staff retirement cash out expenses, previously having been read by title only, was brought before the Council for a second reading. ORDINANCE NO. 2005 -60, AN ORDINANCE amending the 2005 budget for the City; and making an appropriation of $26,526 in the 144 — Cemetery Fund for expenditure during 2005 to provide for an unanticipated retirement cash out. 10 3 OCTOBER 18, 2005 *21. Second reading of an Ordinance amending the 2005 budget and appropriating funds for GMA grant for Comprehensive Plan amendment for environmental compliance An Ordinance amending the 2005 budget and appropriating funds for Comprehensive Plan amendment for environmental compliance, previously having been read by title only, was brought before the Council for a second reading. ORDINANCE NO. 2005 -61, AN ORDINANCE amending the 2005 budget for the City of Yakima; and making an appropriation of $45,000 within the 140 — Growth Management Fund for expenditure during 2005 to provide for a SEPA Integration contract in support of the Comprehensive Plan update as mandated by the Growth Management Act. 22. Other Business A. Consideration of City Council position regarding 1 -912 gas tax initiative based on public hearing and testimony held on October 17, 2005 The ballot description for Initiative No. 912 reads as follows: Initiative to the People 912 Initiative Measure No. 912 concerns motor vehicle fuel taxes. This measure would repeal motor vehicle fuel tax increases of 3 cents in 2005 and 2006, 2 cents in 2007, and 1.5 cents per gallon in 2008, enacted in 2005 for transportation purposes. Should this measure be enacted into law? Yes [ ] No [ ] City Manager Zais explained that this item was on the agenda as a result of the public hearing held last night. Testimony was given by proponents and opponents and presentations were made by the Department of Transportation, cities, the County, and the TRANS - Action group. Citizens also had the opportunity to be heard. Mr. Zais stated there was a final opportunity today if anyone chose to speak prior to the Council decision. City Attorney Paolella clarified again that, as a general rule, public resources couldn't be involved. The City Council is authorized to make a collective decision, or vote, although there is no requirement to do that. He noted that on an individual level the Council is also authorized to express their opinion but only under controlled circumstances such as responding to an inquiry, or at an open press conference, but Council should clarify that it is their individual decision. The Council discussed the restrictions and how they could get the information from the public hearing out to the public that did not attend or see it on television. The impact of this initiative is significant to the City's budget and it is critical for our constituents to know the significance. Council Member McClure expressed his frustration saying we serve in a representative 11 3 0 9:.. OCTOBER 18, 2005 democracy and it has served our nation well. We ask our representative officials to study the issues on our behalf and make our decisions for us. We study the issues, have public hearings, and then have our hands tied by saying we can't speak out on these things. McCLURE MOVED AND EDLER SECONDED THAT THE CITY COUNCIL OF THE CITY OF YAKIMA MAKE A PUBLIC STATEMENT IN OPPOSITION TO INITIATIVE 912 BECAUSE IT DOES NOT SERVE THE COMMUNITY OF YAKIMA, NOR THE STATE OF WASHINGTON. Council Member McClure said it was clearly explained that this money is earmarked for specific projects. Even the proponents of Initiative 912 said the Nickel Package is working very well. This money is slated for specific line items in the budget and specific projects serving Yakima and the greater Yakima community. They are critical projects. He also spoke about how the Department of Transportation has tightened their belts. He strongly urged the people to defeat 1 -912. Council Member Place agreed and noted this gas tax is an investment in jobs and our economy. Council Member Bonlender complimented the DOT for their professionalism at the hearing. • Mayor George asked for audience comments No one came forward to speak. The question was called for a vote on the motion. The motion carried by unanimous roll call vote. • Mayor George announced that Item No. 23 has been removed from the agenda. Council Member Place suggested the City Council put together a civility agreement. She would like the City of Yakima to bring this agreement to our intergovernmental committees, the County, and Union Gap to encourage treating each other with respect. This would be something that each Council member would sign. Council Member Place offered to work with the City Clerk to create the agreement. • Council Member Edler strongly recommended the Mayor and the City Council issue an apology to the County Commissioners for causing them to wait an hour before holding the joint public hearing. He was concerned that an incident such as that may set back our efforts for regionalization. Council Member Place suggested it be put in this civility agreement that we would handle joint issues first to avoid those delays in the future. • Information Items Items of information provided to Council were: Police Department Crime Summary Report for the Month of July, 2005; Planning Division Assignments Pending as of October 18, 2005; and September 2005 Yakima Basin Storage Alliance 12 310; OCTOBER 18, 2005 PUBLIC MEETING 23. Public meeting to consider the final Plat approval for Cottonwood Grove Phases 3 and 5 (See Resolution approving the final plat) Removed from the agenda. 24. Executive Session regarding pending litigation and collective bargaining (allow approximately 45 minutes) McCLURE MOVED AND EDLER SECONDED TO GO INTO EXECUTIVE SESSION FOR APPROXIMATELY 45 MINUTES TO DISCUSS PENDING LITIGATION AND COLLECTIVE BARGAINING WITH ADJOURNMENT TO 7 :30 A.M. ON OCTOBER 25, 2005 FOR A STUDY SESSION ON CRITICAL AREAS /SHORELINES PERMIT ORDINANCE THEREAFTER. The motion carried by unanimous voice vote. 25. Adjournment Following the Executive Session, the meeting adjourned at 5:50 p.m. READ AND CERTIFIED ACCURATE BY COUNN ER DATE OUNCIL MEMBER DATE ATTEST: K aAa,„, - c(C-■ CITY CLERK PAUL P. GEORGE, MAYOR Minutes prepared by Linda Watkins. An audio and video tape of this meeting are available in the City Clerk's Office • 13