HomeMy WebLinkAbout12/06/2005 Business Meeting377:
BUSINESS MEETING
OF THE YAKIMA CITY COUNCIL
DECEMBER 6, 2005 - 2:00 P.M.
COUNCIL CHAMBERS - CITY HALL
1. Roll Cali
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
Absent: Bernie Sims, (excused)
Also present were County Commissioners Gamache and Leita
2. Invocation/Pledge of Allegiance
Council Member Edler gave the Invocation followed by the Pledge of Allegiance
led by Council Member Bonlender.
3. Open Discussion for the Good of The Order/Special Presentations
A. Proclamations - None
B. Special Presentations - None
C. Citizen service requests — None
D. Consideration of appointments to boards and commissions
BONLENDER MOVED AND WHITMAN SECONDED TO APPOINT JIM
FICKEL TO THE BOARD OF APPEALS. The motion carried by
unanimous voice vote; Sims absent.
E. Administration of Oath of Office for Municipal Court Judges
City Clerk Roberts administered an oath of office to Susan Woodard and
Kelley Olwell and both were seated as Municipal Court Judges.
By request, Item 6, Joint Public Hearing with the County, was handled at this
time to accommodate the officials' schedule.
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. 24 was removed from the Consent Agenda. The City
Clerk read the Consent Agenda items, including resolutions and ordinances by
title. EDLER MOVED AND BONLENDER SECONDED TO ADOPT THE
CONSENT AGENDA AS READ. The motion carried by unanimous roll call vote;
Sims absent. (Subsequent paragraphs preceded by an asterisk (*) indicate
items on the Consent Agenda handled under one motion without further
discussion.)
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DECEMBER 6, 2005
*A. Approval of the minutes of the October 25, and November 8, 2005
Adjourned meetings and the November 1, 2005 Business meeting
The minutes of the October 25, and November 8, 2005 Adjourned meetings and
the November 1, 2005 Business 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
James Keck, Representing American Postal Workers of Yakima Valley,
presented a copy of a letter regarding a study that could change the outgoing
mail processing at Yakima's main plant. He said that, although the letter is very
vague, there is a potential of changing the outgoing mail affecting up to 22 postal
employees. It also would affect the mail delivery standard as our mail would be
sent to Pasco for processing. We would lose the Yakima postmark. He
encouraged the City Council to get involved. In the past, other areas were able
to save their post office through community and public support.
Betty Gaudette, 701 N. 6th Street, gave her reactions to items in the earlier
budget wrap up session. She was against the approval of the City paying for
maintenance of the Millennium Plaza and the support given to the ArtsVan. She
also spoke against money for the Black Rock study coming from Water and
Irrigation funds.
Maud Scott from Southeast Yakima said she didn't have a problem with the
purpose of the Yakima Storage Basin study but did have a problem with the
source of the funding. She feels the funding source should be the general fund.
She also agreed with Betty Gaudette with regard to the Millennium plaza
maintenance and the ArtsVan program. She then spoke about CDBG and
comments she had heard about cleaning up outside the City limits.
Phyllis Musgrove, 424 N. 30th Avenue, supported what also agreed that using
money from Irrigation and Water for the Black Rock project is wrong because
then not everyone is paying for it.
Mike Hunnel, 913 S. 4th Avenue, requested to be put on a future Council agenda
to discuss handicap ramp accessibility. His major point was to bring the problem
to the public and see if they would be willing to assist with the cost of bringing
them into compliance. He then pursued the subject of van accessible parking
spaces at City Hall and other businesses. Mayor George said he would have
staff review with him what is being done.
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DECEMBER 6, 2005
PUBLIC HEARINGS
6. Joint Public Hearing with Yakima County to consider a proposed text
amendment to the Yakima Urban Area Zoning Ordinance to establish a new
State Fair Park land use category and consideration of legislation:
Bruce Benson, Planning Supervisor, presented a proposed amendment to the
zoning ordinance text that adds a new land use category for a State Fair Park
as a Class 1 permitted use in CBDS zoning. The amendment also deals with
uses permitted in the new State Fair Park land use category.
Discussion covered permitted uses and County Commissioner Leita assured
the City Council that they are only proposing it continue on "as is". Larry
Peterson, Attorney for the County, advised that section 2 of the City's ordinance
shouldn't be there and asked that the motion include having Section 2 on page
1 deleted. Steve Erickson, County Planning Division, supplied a copy of an
exhibit that had been included in the County's packet. Norm Landerman-Moore
advised that paragraph E, Governance, has been stricken based on discussion
with County Legal counsel.
• Mayor George opened the joint public hearing
No one came forward to speak
• Mayor George closed the joint public hearing
A. Ordinance adopting a text amendment to establish a new land use
designation of State Fair Park
PLACE MOVED AND McCLURE SECONDED TO DELAY ACTION ON THIS
ORDINANCE, TO REMOVE SECTION 2 AND BRING A REVISED
ORDINANCE BACK IN THE NEAR FUTURE. City and County staff will work
to come up with a common ordinance to be brought back at a later meeting.
The motion carried by unanimous voice vote; Sims absent.
B. Resolution authorizing payment to Central Washington State Fair
Association for professional services performed by Landerman-
Moore Associates relating to the annexation of the fairgrounds
The City Clerk read the resolution by title only; McCLURE MOVED AND
WHITMAN SECONDED TO ADOPT THE RESOLUTION. The motion carried
by unanimous roll call vote; Sims absent.
RESOLUTION NO. R-2005-187, A RESOLUTION authorizing and directing the
City Manager to pay $4,500 to the Central Washington Fair Association to pay
for the professional services of Landerman-Moore Associates related to
evaluation and analysis of zoning of the Central Washington State Fairgrounds
and potential annexation of the Fairgrounds to the City of Yakima.
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DECEMBER 6, 2005
7. Public Hearing to consider an amendment to the 2005 Community
Development Block grant and HOME Action Plan to assist HouseValues,
Inc. to locate and create jobs in the City of Yakima and consideration of
Resolution authorizing:
A. Amendment of the 2005 Community Development Block Grant
Annual Action Plan, and
B. Execution of a performance-based contract with HouseValues
• Mayor George opened the public hearing
No one came forward to speak.
• Mayor George closed the public hearing
Bill Cobabe, Office of Neighborhood Development Services Manager, noted that the
public hearing is an opportunity to amend the 2005 Annual Action Plan for the
Community Development Block Grant program. He explained the planning process
that established the five-year strategic plan.
Michael Morales, Community and Economic Specialist, spoke about HouseValues
move to Yakima and their plan to create 350 jobs in the first phase of their move.
There is an agreement for a Community Development Block Grant for $200,000
setting the goal at 200 jobs. He described the terms of the grant. Jill McGuire -Ward,
representing HouseValues, gave an update on the project.
The City Clerk read the resolution by title only: PLACE MOVED AND McCLURE
SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll
call vote; Sims absent.
RESOLUTION NO. R-2005-188, A RESOLUTION A.) Amending the City of
Yakima 2005 Community Development Block grant (CDBG) and HOME Annual
Action Plan; and B.) Authorizing the City Manager of the City of Yakima to
execute an economic development grant agreement with HouseValues, Inc.
8. Public Hearing to consider amendment to the Yakima Municipal Code
Chapter 16.10 to authorize the City Council to suspend the annual
Comprehensive Plan process under certain conditions (see Ordinance)
Doug Maples, Code Enforcement and Planning Manager, explained that this
amendment will change the first section of Section 16.10.30, to provide the Council
authority to suspend the Comprehensive Plan amendment by resolution. In 2006
the Comprehensive Plan amendment update, mandated by Washington State law,
is going to be an arduous process, with many public workshops, meetings, and
several public hearings. If we were to have additional amendments being
presented to that document it could cause difficulty in the SEPA process as well as
with the actual updating of the document. Council Member Place said she was in
favor of the amendment with the exception of changing two words, from "or when"
to "if the". Mr. Maples agreed with that suggestion.
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DECEMBER 6, 2005
• Mayor George opened the Public Hearing
No one came forward to speak.
• Mayor George closed the Public Hearing
The City Clerk read the ordinance by title only; McCLURE MOVED AND EDLER
SECONDED TO PASS THE ORDINANCE. PLACE MOVED AND WHITMAN
SECONDED TO AMEND THE MOTION TO STRIKE `, OR AND WHEN" AND
ADD "IF THE". The motion to amend passed by unanimous voice vote; Sims
absent. The amended motion passed by unanimous roll call vote; Sims absent.
ORDINANCE NO. 2005-70, AN ORDINANCE concerning land use regulation and
comprehensive planning; eliminating applications or proposals for amendments to
the comprehensive plan in those years where GMA comprehensive plan updates
are required by RCW; providing City Council discretion to avoid the amendment
proceedings in a given year by resolution, if Council so chooses; and amending
Section 16.10.030(a) of the City of Yakima Municipal Code.
9. Public hearing to consider the purchase and sale of City property to the
Yakima Valley Regional Library (This public hearing has been cancelled.)
CITY MANAGER'S REPORTS
10. Consideration of report regarding a fireworks display/New Year's Eve
celebration to be held in Downtown Yakima
Dave Zabell, Assistant City Manager, explained a request received from the
Yakima Downtown Association for the City to sponsor a New Year Eve
celebration, centered around the Capitol Theatre and the Millennium plaza. The
celebration involves closing a portion of 3rd Street. Discussion covered insurance
and local support for the event. EDLER MOVED AND BONLENDER
SECONDED TO SUPPORT THE NEW YEAR'S EVE CELEBRATION AS
OUTLINED. The motion carried by unanimous voice vote, Sims absent.
11. Consideration of report on the "Open Cruising Event" survey
Cynthia Martinez, Assistant City Attorney, presented a summary of survey results
regarding cruising. There was no clear outcome from the survey. Discussion
covered the pros and cons of the events and Jar Arcand, downtown
businessman, suggested expanding entertainment with music and possibly an
outdoor theatre, to promote people coming to the downtown area. Police
Captain, Jeff Schneider, commented that the low rider night will happen and they
will have to staff for it whether it is sanctioned or not. It has always been a
problem weekend.
Lynne Kittelson, 305 North 9th Street, supports the idea as a good investment in
our young people.
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DECEMBER 6, 2005
BONLENDER MOVED AND WHITMAN SECONDED TO DIRECT LEGAL TO
PREPARE LEGISLATION ALLOWING CRUISING FOR THE OPENING
WEEKEND OF SUMMER (FOLLOWING JUNE 21ST) AND THE LAST
WEEKEND BEFORE LABOR DAY (4 days total) DURING THE HOURS OF 8-
11 P.M.
WHITMAN MOVED AND McCLURE SECONDED TO AMEND THE MOTION
TO ALSO PREPARE OPTIONAL LEGISLATION SUPPORTING JUST THE
SATURDAY OF EACH WEEKEND (two days total). The motion to amend
carried by unanimous voice vote; Sims absent. The amended motion carried by
4-2 voice vote; Whitman and Place voting nay; Sims absent.
Following a ten minute break the meeting reconvened at 4:09:38 P.M.
12. Consideration of report recommending an amendment to the Yakima
Municipal Code and City policies regarding utility procedures
Rita Anson, Finance and Budget Director, gave background information on the
recommended amendment. A review of utilities and operating policies had not
been done for twenty years or more. The utility managers have been meeting for
a year and a half and have implemented some procedural changes. They are
now looking at revising City codes. At the April Council meeting when this item
was discussed, the Council was comfortable with most of the suggestions made.
Council Members Sims, Bonlender and Edler were on a subcommittee and, at
their direction, we held a meeting with the Landlords Association. This item is'
now coming back to Council with what was found on the policy recommendations
and they are requesting direction.
• Staff recommends requiring accounts to be in the landlord's name under
certain conditions. The Landlords Association is in agreement in the
instance of one meter for multiple units. Staff is deferring recommending
any other requirements for accounts to be in the landlord's name at this
time. EDLER MOVED AND PLACE SECONDED TO ACCEPT THE
RECOMMENDATION. Council Member Edler asked staff to keep track of
chronic abusers. The motion carried by unanimous voice vote; Sims
absent.
• Staff recommends placing a lien on properties when they have been
delinquent for a period of time and we have been unable to collect. This
area is complicated because there are four utilities; water, irrigation, refuse,
and wastewater, with different state laws for each. There are no provisions
in state law to actually lien property for water or irrigation. For those our
method of collection has been shutting the water off and sending the
accounts to a collection agency. Discussion then went into the details of
charges and bundling of services. Council Member Place expressed
concern about this issue and suggested having a public discussion on it.
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DECEMBER 6, 2005
• Pete Hobbs, Utility Services Manager, explained how, when a lien is filed, it
is second only to property tax when property is seized and sold. After
further discussion, McCLURE MOVED AND PLACE SECONDED TO
ACCEPT THE RECOMMENDATION BUT DROP THE LIEN AMOUNT
(FOR WASTEWATER) TO $1,500. The motion carried by 5-1 voice vote,
Bonlender voting nay; Sims absent.
• Currently, city ordinances require that someone within 200 feet of a sewer
main must hook up to the City sewer system, but it is not being enforced.
This recommendation would change it to when a system fails, the person
would be required to hook up if they are within 200 feet. EDLER MOVED
AND McCLURE SECONDED TO ACCEPT THE RECOMMENDATION.
Doug Mayo, Wastewater Manager, referenced an RCW that states the
resident is compelled to connect within 200'. The RCW says, if they don't
hook up, as an incentive the City can charge them as if they were hooked
up. This has been on the books for a long time but we don't enforce it.
After considerable discussion, the question was called for a vote on the
motion. The motion carried by unanimous voice vote; Sims absent.
• The next recommendation is to require a meter on private water sources,
e.g. sewer customers that have a private well. There is public resistance to
this but, unfortunately, there is no way to fairly assess those wastewater
accounts because we don't know usage. EDLER MOVED AND McCLURE
SECONDED TO ACCEPT THE RECOMMENDATION THAT WHEN A
NEW SERVICE IS ESTABLISHED, A METER WOULD BE REQUIRED
FOR THE WELL. The motion carried by unanimous voice vote; Sims
absent.
Ms. Anson said they would require Council direction to have legislation prepared
implementing these recommendations and all the major and minor housekeeping
items required. City Manager Zais said it would be important to review these
items with the new City Council members before the legislation comes back for a
final vote.
*13. Consideration of Resolution authorizing execution of a professional
services contract with Karuna Berryman to provide editorial services
relating to the Comprehensive Plan Update
RESOLUTION NO. R-2005-189, A RESOLUTION authorizing and directing the
City Manager of the City of Yakima to execute a professional service agreement
between the City of Yakima and Karuna Berryman for professional services
related to editing the City's Comprehensive Plan Update.
*14. Consideration of Resolution authorizing execution of the renewal of a
professional services contract with Shockey Brent Associates for Wal-Mart
environmental review services
RESOLUTION NO. R-2005-190, A RESOLUTION authorizing the execution of a
fourth amendment to City Contract No. 2003-28, whereby the City is requesting
further professional services from Shockey/Brent, Inc. to assist the City with
preparation, presentation and assistance with potential appeal issues regarding
the Wal-Mart Class (2) public hearing process.
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DECEMBER 6, 2005
*15. Consideration of Resolution authorizing execution of an agreement with
Immigration and Customs Enforcement for reimbursement of costs to
provide resources for a Joint Operation Task Force
RESOLUTION NO. R-2005-191, A RESOLUTION authorizing and directing the
City Manager to enter into an agreement with Immigration and Customs
Enforcement (ICE) for the purpose of receiving reimbursable costs incurred by
the Yakima Police Department for providing resources to a joint operation/task
force.
*16. Approve final contract payments for (Standard Motion V -B -- accept contract
and approve the final payment):
A. Miller Park Renovation Project No. 05054-C performed by Durand, Inc.
The report from the consultant architect firm, dated October 14, 2005, with
respect to the completion of the work on the Miller Park Renovation Project No.
05054-C, performed by Durand's, Inc., was approved, the work accepted and
payment of the final estimates as therein set forth was authorized.
B. Capitol Theatre Phase I Renovation Project No. 2065 performed by G.
H. Moen, LLC
The report from the consultant architect firm dated July 14, 2005, with respect to
the completion of the work on the Capitol Theatre Phase I Renovation Project
No. 2065, performed by G. H. Moen, LLC, was approved, the work accepted
and payment of the final estimates as therein set forth was authorized.
*17. Set date of closed record public hearing for January 3, 2006 to consider
Preliminary Plat approval for Englewood West Subdivision developed by
J & R Enterprises
January 3, 2006 was set as a date of closed record public hearing to consider
Preliminary Plat approval for Englewood West Subdivision developed by J & R
Enterprises
*18. Approval of Financial Reports:
A. October 2005 Revenue and Expenditure (budget) Report
B. Third Quarter 2005 Treasury Report
C. Third Quarter 2005 Accounts Receivables Report
The October 2005 Revenue and Expenditure (budget) Report, Third Quarter
2005 Treasury Report, and the Third Quarter 2005 Accounts Receivables Report
were approved.
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ORDINANCES
19. Consideration of Ordinance amending the Yakima Municipal Code relating
to sidewalks:
Shelley Willson, Street and Traffic Operations Manager, advised that the
following legislation was drafted for deliberation prior to end of the year as a
result of meeting with the Transportation Subcommittee.
A. Cleaning and maintaining sidewalks and rights-of-way free of weeds,
litter, and debris
This would be a new section to the Municipal Code. There are many complaints
about weeds degrading neighborhood appearance and impacting the disabled. It
also deals with weedy areas where there are no sidewalks, giving the City the
ability to contact property owners and have them take care of them. The City
Clerk read the ordinance by title only; EDLER MOVED AND BONLENDER
SECONDED TO PASS THE ORDINANCE. The motion carried by unanimous
roll call vote; Sims absent.
ORDINANCE NO. 2005-71, AN ORDINANCE relating to cleaning and
maintenance of sidewalks and rights-of-way within the city; establishing a specific
duty upon the abutting property owner to remove debris, vegetation, leaves and
any other obstructive materials that may accumulate on the abutting sidewalk
and/or right-of-way; establishing a civil penalty for failure to comply with this
requirement; and adding a new section 8.76.025 to Chapter 8.76 of the City of
Yakima Municipal Code.
B. Sidewalk construction and repair
Mrs. Willson explained that the existing code requires Council to determine when
there is a need for repairs before a notice can be sent to the property owner.
With the recommended adjustment, the Public Works Director or his designee
would make that determination. They would contact the property owners and
work with them on the 50/50 sidewalk program. A correction to the proposed
ordinance was noted changing City Engineer to the Director of Public Works.
The City Clerk read the ordinance by title only; PLACE MOVED AND EDLER
SECONDED TO PASS THE ORDINANCE WITH THE CORRECTIONS OF CITY
ENGINEER TO PUBLIC WORKS DIRECTOR, OR HIS DESIGNEE. The motion
carried by unanimous roll call vote; Sims absent.
ORDINANCE NO. 2005-72, AN ORDINANCE relating to repair, replacement and
installation of sidewalks within the city; providing the Public Works Director with
the authority to identify areas where sidewalk repair, replacement and/or
installation is required and to issue preliminary and final notices to property
owners regarding the problem condition; establishing a process to appeal a final
notice to the City Council; amending section 8.76.040, 8.76.050 and 8.76.060 of
the City of Yakima Municipal Code; and adding new section 8.76.065 to Chapter
8.76 of the City of Yakima Municipal Code.
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DECEMBER 6, 2005
C. Duty of property owner or occupant for sidewalk snow removal
Mrs. Willson explained how people pushing snow from their private property into
the streets causes problems. The other part of this action removes the section of
the code that states responsibility of the property owner or occupant was
removed when public snow removal operations place the snow on the sidewalk.
There are over 190 miles of sidewalks and the City does not have the staff to
clear them. The City Clerk read the ordinance by title only; McCLURE MOVED
AND EDLER SECONDED TO PASS THE ORDINANCE. The motion carried by
unanimous roll call vote; Sims absent.
ORDINANCE NO. 2005-73, AN ORDINANCE relating to snow and ice removal
from public sidewalks within the city; making it a civil infraction to place snow and
ice removed from sidewalks into the public streets, alleys and thoroughfares;
establishing a civil infraction penalty for violation of the condition; and amending
section 8.88.020 of the City of Yakima Municipal Code.
*20. Consideration of an Ordinance adopting the 2005 Comprehensive Plan
amendment requests to amend the Future Land Use Map for properties at:
A. 101 N. Naches Avenue to CBD, requested by United Builders
B. 904 & 906 N. 4th Street to HB, requested by D & R Garza Properties, LLC
C. 1708 S. 16th Avenue to B-1, requested by DH Construction &
Development, Inc.
ORDINANCE NO. 2005-74, AN ORDINANCE concerning land use regulation and
comprehensive planning and amending the Future Land Use Map of the Yakima
Urban Area Comprehensive Plan as follows: changing the classification of the
property located at 101 North Naches Avenue (parcel no. 191319-21482) from
Professional Office to CBD Core Commercial; changing the classification of the
properties located at 904 and 906 North Fourth Street (parcel no. 191318-23584)
from Low Density Residential to Neighborhood Commercial; and changing the
classification of the property located at 1708 South 16th Avenue (parcel no.
181335-14402) from Medium Density Residential to Neighborhood Commercial.
*21. First reading of an Ordinance amending the 2005 budget and appropriating
funds to cash out Probationary Services employees transitioning to Yakima
County employment (Read ordinance by title only; second reading scheduled
12/13/05)
An Ordinance amending the 2005 budget and appropriating funds to cash out
Probationary Services employees transitioning to Yakima County employment,
was read by title only, and laid on the table until December 13, 2005 for a second
reading.
*22. First reading of an Ordinance amending the 2005 budget and appropriating
funds for Fire Department and Emergency Medical Services unanticipated
overtime expenses (Read ordinance by title only; second reading scheduled
12/13/05)
An Ordinance amending the 2005 budget and appropriating funds for Fire
Department and Emergency Medical Services unanticipated overtime expenses,
was read by title only, and laid on the table until December 13, 2005 for a second
reading. ,
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DECEMBER 6, 2005
*23. First reading of an Ordinance amending the 2005 budget and appropriating
funds for grant -funded Public Safety Communications enhancements of
the police and fire communications network (Read ordinance by title only;
second reading scheduled 12/13/05)
An Ordinance amending the 2005 budget and appropriating funds for grant -
funded Public Safety Community enhancements of the police and fire
communications network, was read by title only, and laid on the table until
December 13, 2005 for a second reading.
24. First reading of an Ordinance amending the 2005 budget and appropriating
funds in the Convention Center Capital Fund to provide for a Convention
Center Campus study and related graphic renderings (Read ordinance by title
only; second
Phyllis Musgrove said she had heard that closing 8th Street was part of the
Convention Center Campus proposal and wanted to go on record as being totally
against it.
Council Members McClure and Place responded that closing 8th Street was just
one of the potentials in the study. Prior to any decisions being made there will be
a public hearing.
Betty Gaudette, 701 N. 6th Street, also spoke against closing 8th Street and
against the study itself.
Maud Scott from Southeast Yakima said that Kathy Coffey had made comments
on television about closing 8th Street between B and A Streets. Mrs. Scott
explained why this is a big issue and that if there is to be talk about any kind of
study and funding from anyone's pocket, she wanted a map and some idea prior
to the funding being allocated as to what the boundaries of the campus are. She
demanded it be in writing plus she wanted to see the map that was shown on
television. Her suggestion was to consider underground parking with a park like
setting on top, and a sky bridge.
Connie Upton, Assistant Manager of the Convention Center, explained that the
map came from an article the Yakima Herald did called Dreamers Who Dream. It
was about what people would like to see in the future and the comment Kathy
Coffey made about closing 8th Street was only a very small part of the overall
dream. It is their goal to look at the whole picture, what can we do to make it a
better place in the future and to maintain our market share in the state. What are
our customers' needs?
Council Member Place said she also doesn't support the idea of closing 8th Street
and was surprised that the City Council didn't know about it when it was
presented to the SIED Board. Mayor George commented that before anything is
done there will be public hearings giving ample opportunity for total public
participation.
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DECEMBER 6, 2005
An Ordinance amending the 2005 budget and appropriating funds to provide for
a Convention Center Campus Study and related graphic renderings, was read by
title only, and laid on the table until December 13, 2005 for a second reading.
25. Other Business
• Wal-Mart EIS
Council Member Edler asked that an update of the Wal-Mart issue be added to
next week's City Council agenda.
• Clean Air Authority Assessment
City Manager Zais raised the issue of an inadvertent problem created with the
Clean Air Authority vote during the Budget Wrap Up. He requested one of the
individuals who voted in the majority to deny, bring it up for reconsideration.
There is a statutory provision in state law whereby we have a legal obligation and
a mandate to pay the assessment. Every city in the jurisdiction is obligated to
pay. City Attorney Paolella explained the legal framework is the Washington
Clean Air Act, Chapter 79.4 70.94.092. Discussion was held on the need to have
a Clean Air Board. Mayor George, as the City's representative on the Board,
said there is no support to dissolve it. He clarified that, in the absence of a
Board, regulation of clean air issues would be by the Department of Ecology and
all notices of violation and all appeals will be sent to the Pollution Controls
Hearings Board at tremendous cost to the alleged violators. WHITMAN MOVED
AND McCLURE SECONDED TO RECONSIDER THE DENIAL OF PAYMENT
OF CLEAN AIR FEES. Council Member Edler explained that what we've been
trying to do is get the attention of that board or dissolve the board so that DOE
would step in and then send the certified bill to the County. City Manager Zais
said there should not be any problem with communicating Council's concerns in
a letter, but in the meantime we have a legal duty to pay this fee. Discussion
covered the dissatisfaction with the Clean Air Authority management and the
hope of change with his pending retirement. The question was called for a
vote on the motion. The motion carried by 4-2 voice vote; Place and Edler
voting nay, Sims absent. BONLENDER MOVED AND McCLURE SECONDED
TO PAY THE CLEAN AIR AUTHORITY ASSESSMENT. The motion carried by
a 4-2 voice vote; Place and Edler voting nay, Sims absent.
26. Executive Session
McCLURE MOVED AND WHITMAN SECONDED TO ADJOURN TO
EXECUTIVE SESSION FOR APPROXIMATELY 30 MINUTES AND THEN TO A
STUDY SESSION DECEMBER 8, 2006 AT 7:30 A.M. ON CRITICAL
AREAS/SHORELINES PERMIT ORDINANCE. The motion carried by
unanimous voice vote; Sims absent.
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DECEMBER 6. 2005
27. Adjournment
Following the Executive Session, the meeting adjourned at 6:45 p.m.
READ AND CERTIFIED ACCURATE BY
ATTEST:
CITY CLERK
DATE
C.UNCIL MEMBER DATE
AUL P GEORGE, MAYOR
Minutes prepared by Linda Watkins An audio and video tape of this meeting are available in the City Clerk's
Office
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