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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.) 3 7, 3 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. 2 1 1 3 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. 3 94 380 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. 4 381 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. 5 382 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. 6 1 1 3 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. 7 38.4. 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. 8 1 1 DECEMBER 6, 2005 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. 9 386. 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. , 10 1 1 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. 11 387. 388 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. 122 1 1 389 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 13