HomeMy WebLinkAbout02/27/1990 Business Meeting 424
FEBRUARY 27, 1990
BUSINESS MEETING
1. ROLL CALL
The City' Council met in session on this date at 2:00 P.M. in the
- Council Chambers of City Hall, Yakima, Washington. Mayor Pat
Berndt, presiding, Council members Clarence Barnett, Henry
Beauchamp, Lynn Buchanan, George Pechtel, Skip Semon and Bernard
Sims present on roll call. City Manager Zais, City Attorney Vanek,
City Clerk Roberts and Clerk Givens also present.
2. INVOCATION
The Pledge of Allegiance was led by Council member Buchanan.
3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER
Karen Roberts, City Clerk, introduced Lois Harris - Givens as a new
temporary clerk.
4. CONSENT AGENDA
Mayor Berndt referred to the items placed on the Consent Agenda,
questioning whether there were any additions or deletions from
either Council members or citizens present. It was the consensus
of the Council that Items Nos. 7 and 9 be added, and Items Nos. 10,
11, 12, and 13 and the minutes of December 9th be removed from 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 READ, BE
PASSED. The motion carried by unanimous roll call vote.
(Subsequent paragraphs preceded by an asterisk ( *) indicate items
on the Consent Agenda handled under one motion without further
discussion.)
*5. APPROVAL OF CORRECTIONS TO MINUTES OF THE DECEMBER 9, 1989 AND
JANUARY 23, 1990 COUNCIL MEETINGS
The corrected Council minutes of December 9, 1989 and January 23,
1990 were approved, having been duly certified accurate by two
Council members and no one present wishing to have said minutes
read publicly.
Council member Barnett requested a correction be made to the
December 9, 1989 minutes on page 8, fifth line, to reflect that it
was Mayor Berndt who explained that "2% of the gross utility tax
goes into the Parks Fund for expenditure and the Parks Department
must submit a yearly budget for Council's approval ". It was MOVED
BY BARNEIT, SECONDED BY BUCHANAN, THAT THE MINUTES OF DECEMBER 9,
1989, AS CORRECTED, BE APPROVED. The motion carried by unanimous
voice vote. Beauchamp and Pechtel absent.
6. AUDIENCE PARTICIPATION
Gary McClenaghan invited Council members to a five hour seminar
sponsored by the Washington State License Beverage Association.
The seminar, "Technique of Alcohol Management ", will be held March
14 at Golden Oldies, 319 W. Yakima Avenue. The goal is to reduce
alcohol related accidents. Mayor Berndt stated that it sounded
like a good program.
Celestial Toone, 3203 W. Nob Hill, addressed the Council stating
she has tried repeatedly to have the City cut weeds on the lot
across from her property. She stated the weeds get waist high,
then blow across the street onto her property. This causes traffic
problems and added expense to her to have the weeds removed from
her property. She stated the City cut them to 10 inches after
repeated requests. She brought a sample of a 10 inch tumble weed
which was offensive to her. Mayor Berndt stated that Ms. Toone had
called her and complimented the City, and complained that the City
was spending too much money cutting them too often. Ms. Toone
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disagreed with this comment. She said that fires have been started
on this lot. The matter was referred to'staff.
Bob Desgrosellier, 1512 S. 3rd Avenue, President of AFSCME Local
1122, addressed the Council and advised that employees are still
conducting informational picketing. He stated they desire to
continue negotiations with the City for employee benefits. He
commented that many City employees are still below the average 1989
City employee wage after the deductions.
*7. INITIATION OF NOTICE TO COMMENCE PROVIDENT INDUSTRIES /YAKIMA COUNTY
ANNEXATION
February 27, 1990, was set as the time of the meeting with the
initiating party who signed the Notice of Intent to Commence
Annexation Proceedings, dated January 31, 1990, the initiating
party being Yakima County.
The annexation was accepted by the City of Yakima. The area to be
annexed was required to assume its share of the City's existing
indebtedness, and a notice of Intention to Annex was required to be
filed with the Yakima County Boundary Review Board.
8. REPORT FROM PUBLIC WORKS DEPARTMENT REGARDING PROPOSED
REORGANIZATION OF REFUSE, STREETS AND TRAFFIC DIVISIONS (CONTINUED
FROM 2/20/90)
Council member Barnett voiced concern that the 2.23% increase in
revenue would not be adequate to fund additional refuse positions,
after the 8% in lieu of tax and 5.1% State tax, based upon gross
revenues, were deducted. Jerry Copeland, Public Works Director,
responded that they were not attempting to make it that accurate.
He stated the difference in the refuse increase would be the
difference between 11 and 12 cents a month, based on a one can
charge of $4.69. He said there are more variables to consider.
There will be no rate increase this year, because it will be taken
out of reserves. Mr. Barnett's concern was that there would be a
$63,000 shortage with the 8% increase, which would have to be made
up out of reserves. He came up with another shortage of $3,200 and
he was unsure if reserves would cover this. .Mr. Copeland
responded they were anticipating that reserves would cover this,
but also anticipate they will be asking for an increase in 1991.
Mr. Barnett wanted it made clear that the in lieu of tax and
State tax would not cover the cost. Mr. Copeland acknowledged
this assessment. Mr. Barnett then asked about an additional 2.23%
being added. Mr. Copeland replied he would propose it be added to
the 1991 rates because the $28,000 increase in salary will be a
very minor part of increasing refuse rates. It will be impacted by
the recycling program. He is hoping for consulting services with
citizen committees. Mr. Barnett stated with the 8% increase and
the 2.23% it would mean within two years an increase in excess of
19%. Mr.. Copeland stated this was a fair assumption.
City Manager Zais stated the City went three years without a rate
increase until now. Other fixed costs which must be absorbed are
landfill charges, labor costs, collective bargaining settlements,
insurance and related expenses and future unknowns as related to
the recycling program. Some further discussion of recycling was
made with Mr. Copeland adding that most states are paying $20 a
ton for sending their waste paper out and Yakima is receiving $20 a
ton. Once it goes totmandatory recycling it will not be developing
markets, but will be finding places we can get rid of it. It was
MOVED BY SIMS, SECONDED BY BUCHANAN, TO ACCEPT THE REORGANIZATION,
NECESSARY BUDGET APPROPRIATION, AND APPROPRIATE AMENDMENTS TO THE
MUNICIPAL CODES AND CLASSIFICATION REQUIREMENTS. The motion
• carried by a 5 -1 voice vote; Barnett voting nay. Pechtel absent.
* 9. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT
NO. 1 TO AGREEMENT WITH GARY HALL ENGINEERING FOR PROFESSIONAL
SERVICES REGARDING CBD TRANSIT TRANSFER SITE LOCATION /DEVELOPMENT
RESOLUTION NO. D - 5704, A RESOLUTION authorizing the City Manager
and the City Clerk of Yakima to execute an amendment to the
• agreement with Gary Hall Engineering for professional services.
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10. CONSIDERATION OF RESOLUTIONS APPROVING HOMEOWNERSHIP LOANS:
Larry Mathews, 805 S. 17th Avenue, spoke about a home loan for
Jacob Macias, questioning if this family's income level meets the
legal requirements. He stated that according to the law this had
to go through a real estate agent. Dixie Kracht, Block Grant
Manager, responded stating this home was listed with a realtor even
though this is a father -son relationship with the father selling to
the son. Mr. & Mrs. Macias meet the financial requirements
according to Security Pacific Bank. Mr. Mathews felt that spot
checks should be made to insure applicants meet income
requirements. He said he has been informed this is not the case
with this family. Barbara Harris, P.O. Box 812, stated she too,
received a call concerning this family. This caller stated • that
this party had talked to the Macias family and they have told them
they are getting this loan of $20,000 to pay off the father. She
was asked by Council member Semon if she thought this was . a good
program. Ms. Harris thought it was, if it was used properly to
help low income families. Mr. Semon stated he feels that we have
to take the word of the people who are in charge of this program.
Resolutions A through D, having been read by title, it was MOVED BY
SIMS, SECONDED BY BUCHANAN,. THAT THE RESOLUTION BE ADOPTED. The
motion carried by a unanimous roll call vote. Pechtel absent.
A. HECTOR M. AND LETICIA MESINA
RESOLUTION NO. D -5705, A RESOLUTION of the Council of the City of
Yakima, Washington, authorizing a loan for Hector M. Mesina and
Leticia Mesina under the City's Homeownership Program.
B. JAMES D. AND DOREEN GIER
RESOLUTION NO. D -5706, A RESOLUTION of the Council of the City of
Yakima, Washington, authorizing a loan for James D. Gier and
Doreen Gier under the City's Homeownership Program.
C. DONALD AND JANET MC CALL
Ill
RESOLUTION NO. D -5707, A RESOLUTION of the Council of the City of
Yakima, Washington, authorizing a loan for Donald McCall and Janet
L. McCall under the City's Homeownership Program.
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D. JACOB E. AND MARIA L. MACIAS
RESOLUTION NO. D -5708, A RESOLUTION of the Council of the City of
Yakima, Washington, authorizing a loan for Jacob E. Macias and
Maria L. Macias under the City's Homeownership Program.
11. CONSIDERATION OF RESOLUTION SETTING DATE OF PUBLIC HEARING FOR
MARCH 27, 1990 ON THE IRRIGATION ASSESSMENT ROLL FOR 1990
Council member Barnett had questions on irrigating 184,756 sq. ft.
less in 1990 than 1989. He was told by Dennis Covell, Director of
Engineering and Utilities, that this information would be reviewed
and a comprehensive report would be forthcoming. Resolution
No. D-5709 having been read by title, it was MOVED BY BUCHANAN,
SECONDED BY SIMS, THAT THE RESOLUTION BE ADOPTED. The motion
carried by a unanimous roll call vote. Pechtel absent.
RESOLUTION NO. D -5709, A RESOLUTION setting a date for hearing on
the confirmation of the irrigation maintenance assessment roll for
the year 1990.
12. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION. OF CONTRACT WITH
BURKELL AND ASSOCIATES FOR PROFESSIONAL SERVICES FOR A FIRE
DEPARTMENT OPERATION STUDY
Council member Barnett asked if the study would include the new
directive prohibiting airport station firefighters from responding
to fire calls when airliners are at or near the airport. Fire
Chief Beeson responded that this was a temporary measure and staff
will follow up on this. Mr. Barnett asked if filling the three
firefighter vacancies would help resolve the problem. Chief Beeson
answered that the problem was far deeper than just adding
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FEBRUARY 27, 1990 427
firefighters, which is the reason for engaging a consultant.
Resolution No. D -5710 having been read by title, it was MOVED BY
BUCHANAN, SECONDED BY SIMS, THAT THE RESOLUTION BE ADOPTED. The
motion carried by unanimous voice vote. Pechtel absent.
RESOLUTION NO. D -5710, A RESOLUTION authorizing and directing the
City Manager and the City Clerk of the City of Yakima to execute a
Contractual Agreement with`Burkell & Associates for professional
services in the evaluation of Fire Department organization.
13. CONSIDERATION OF RESOLUTION AMENDING THE WOMEN AND MINORITY
BUSINESS ENTERPRISE (WMBE) POLICY FOR THE CITY OF YAKIMA
Jim Tree, Assistant City Attorney, recommended amendment of the
Yakima Minority Business Enterprise Policy, to comply with the law
as dictated by the United States Supreme Court. He explained his
views of the Supreme Court case stating that in 1980, the United
States Congress had the authority to enact set -aside programs for
minority businesses, based upon a concept of general societal
discrimination in the construction industry. They had the
authority to enact set -aside programs to give preference to
minority businesses. This was challenged as a 14th Amendment
violation, which is equal protection of the law for all people.
The United States Supreme Court said that was permissible action
by Congress. Following that, Yakima was one of the first to adopt
laws in the early 1980's. This Women and Minority Business
Enterprise Policy (WMBE) gives preferential treatment to
contractors who agree to hire women and minorities. If they do not
agree to do so, or to take steps to do so, they are considered non-
responsive and are not awarded contracts.•.Last.year in a Supreme
Court case called "Crosen vs the City of Richmond, VA ", the Supreme
Court distinguished what local governments can do and what the U.S.
Congress can do. They said special powers are given to the U.S.
Congress in the 14th Amendment of the Constitution to enact set -
aside programs that state and local governments do not have.
Therefore, although it is permissible for the Congress to say that
we can have preferential treatment set -aside programs for minority
business enterprises, without identifying specific acts of
discrimination, state and local governments cannot. They must
identify specific acts of discrimination or present relevant
statistical data to support discrimination before local governments
can put in place set -aside programs giving preferential treatment
to women and business enterprises. Mr. Tree stated that because of
this and because of the way we adopted our program, it is staff's
legal opinion that we cannot support, at this particular time, a
preference program. Therefore, in consultation with the City
staff, Mr. Tree asked to come before the Council today with the
recommendations which are outlined in pages 9 and 10. He added
•
that the Supreme Court stated just because there is discrimination
in local areas doesn't necessarily mean you can immediately give
preferential treatment. First, .you must consider race neutral
means to achieve results. The remedy must be tailored to the
amount of discrimination in the local area. However, you cannot
• tailor a remedy if you don't know what the discrimination is in
the local area. Therefore, to have a preferential program without
this statistical data or discrimination evidence is putting the
•
cart before the horse. Included in the packet.:is a 7 page opinion
from more than 20 Constitutional scholars. They met and made an
excellent statement on affirmative action in the United States
following the Crosen decision. They said it would be irresponsible
for local government to ignore this decision and the steps
necessary to put a program in conformance. It would be equally
irresponsible to hide behind the Crosen decision and say that the
Supreme Court prohibits any kind of set -aside programs because the
Supreme Court did not say that. You may have them, but certain
rules must be followed to make them constitutionally valid. Staff
recommends not to dismantle the WMBE program, but to amend the
policy to include a voluntary policy keeping intact, our interest
and prior goals. It is also recommended that contractors be
required to give statistical data to determine if discriminatory
acts are occurring. If the statistics fall off based on this
program, it will give a great deal of information upon which to
base a preference program. He recommended City staff be directed
to gather information on race neutral means.
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FEBRUARY-27, 1990
Council member Beauchamp asked Mr. Tree about Seattle's program.
Mr. Tree answered that the City of Seattle did not enforce its
program. until it could substantiate that..discrimination in the
construction industry was occurring.
Glen Phipps, Ki -Yak Economic Developmental District, introduced a
letter expressing concern about amending the City's WMBE policy to
adopt a "voluntary compliance policy ". He suggested that the
Council postpone any immediate decision, since no lawsuits have
materialized. He asked to retain the existing Resolution and
conduct some homework.
Mayor Berndt asked if Seattle set aside enforcement until their
.research was done? Mr. Tree's answer was "Yes ".
Blaine Tamaki, representative of the minority community, praised
Jim Tree for his work. He gave his opinion on the importance of
affirmative action in our community. He felt the City's proposal
was too conservative. He suggested the City fund some type of
statistical study for Yakima. He felt a policy without "teeth"
has no benefit, and said that he would like to see this kept on the
books and enforced until we have more information.
Jim Medina, Director of the Washington State Office of Women and
Minority Business Enterprise, encouraged the City to work for a
strong, viable program for minorities. He presented a transcript
of a hearing his office held in Yakima in October.
Juan Huey -Ray, Program Manager of Washington State Office of Women
and Minority Business Enterprise, said that the program does not
have to be discontinued because it is not a set -aside program. The
State is continuing its program while conducting this study.
Mr. Beauchamp asked for a distinction between our set -aside
program and Seattle's. Mr. Huey -Ray replied that Seattle had very
specific goals, very much like Richmond did. Mr. Beauchamp
asked if our program was in conflict. Mr. Huey -Ray replied he did
not feel that it is. Mr. Tree disagreed with that analogy, stating
that Yakima has a waiver provision which permits a person from not
meeting the 10% affirmative action requirements if they made a good
faith effort to meet the requirements. If they do not make that
effort, they are not a responsive bidder and are not awarded the
bid, even if they are the low bidder. There was further discussion
between Mr. Tree and the Council concerning the risk factor of
being sued, including liability of individual Council members.
Tony Sandoval, 1003 S. 3rd Avenue, read a letter from the President
of the Hispanic Study Group. The letter urged the City Council to
maintain its current WMBE policy and reaffirm its commitment.
•
Debi Hinze, 31 Chicago Avenue #5, spoke as a single parent for
minority and women. She hoped the City would not fail to get
involved in affirmative action for fear of being sued, therefore
stepping backwards instead of forward.
In response to Mr. Beauchamp's and Ms. Hinze's concern, Jim Tree
stated there was no intention of stepping backwards in affirmative
action. There was additional discussion from Council members
regarding the proper steps to take in implementing this program.
Greg Aarons, 1010 S. 51st Avenue, addressed staff recommendations,
commenting there is no knowledge of pending litigation. He
suggested a marketplace study and procurement of goods and services
to outline the City's relationship with minority businesses.
Pastor Everhart, 1012 S. 8th Street, NAACP and Vice President of
United Ministerial Alliance, as a concerned citizen asked that more
time be given before a decision be made on this issue. He remarked
that only 2 or 3 blacks worked on the SunDome. He feels the black
community is receiving only crumbs. He invited the City Council to
come to the Southeast community area. Mr. Everhart was informed
that the SunDome is a County project.
Larry Mathews, spoke in favor of affirmative action, suggesting
that Council has been backing away from affirmative action,
evidenced by their abolishing the Human Relations Committee.
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FEBRUARY27, 1990
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Phil LaCourse, 4301 W. Viola Avenue, spoke in favor of putting
morality ahead of politics and joining together and becoming one.
He commented on how hard it is for a minority to have a business. ,
Phil Pleasant, 701 S. 7th Avenue, asked to have the public included
in these decisions, and requested to have this tabled for now.
Barbara Hersey, 605 N. 2nd Street, asked how long this ordinance
would be suspended. Mr. Tree replied that he didn't know. Staff
is recommending they be directed to meet with the individuals
speaking today to review this issue.
Marvin Hurst, Pastor of the Greater Faith Baptist Church, asked to
go on record for the 25 Black ministers, saying they are opposed to
suspending this ordinance.
Mayor Berndt called for a 5 to 10 minute recess. Council re-
convened at 4:25 P.M. It was MOVED BY SIMS, SECONDED BY BUCHANAN,
THAT THIS ITEM BE DEFERRED AND STAFF DIRECTED TO CONDUCT A PUBLIC
HEARING TO GENERATE FURTHER INPUT, WITHIN 60 DAYS. The motion
carried by unanimous voice vote. Pechtel absent.
*14. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH
YAKIMA VALLEY SWIM TEAM FOR UTILIZATION OF LIONS POOL
RESOLUTION NO. D -5711, A RESOLUTION authorizing an agreement with
the Yakima YMCA Swim Team for use of City swimming pool
facilities.
*15. SET DATE OF PUBLIC MEETING FOR MARCH 13, 1990 ON A RIGHT-OF-WAY
VACATION IN THE VICINITY OF 10TH AVENUE AND "A" STREET, REQUESTED
BY SHANNON SMITH
March 13, 1990 was set as the date of public meeting on the
vacation of a portion of West "A" Street between North 10th and
' llth Avenues, as requested by Shannon Smith.
*16. APPROVAL OF JANUARY 1990 BUDGET REPORT
The January 1990 Budget Report was accepted.
*17. APPROVAL OF 1989 YEAR -END INSURANCE CLAIMS REPORT
The 1989 Year -End Insurance Claims Report was accepted.
* 18. CONSIDERATION OF ORDINANCE DEVELOPING A LAND DEVELOPMENT FEE
SCHEDULE
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ORDINANCE NO. 3245, AN ORDINANCE relating to zoning and land use;
creating a consolidated land development fee schedule; and amending
Sections 15.11.100, and 15.11.020 and Subsections 6.88.200A,
14.15.030B, 1 14.25.040B,' and 15.04.090E and enacting Chapter 15.26
"Land Development Fees" and Section 15.26.010, as a new chapter and
section thereof, all of the City of Yakima Municipal Code.
* 19. SECOND READING OF ORDINANCE AMENDING THE 1990 CONVENTION CENTER
CAPITAL IMPROVEMENTS FUND BUDGET
An Ordinance amending the 1990 Convention Center Capital
Improvements Fund budget to purchase two hot water heaters, having
been read by title only at the previous meeting, was brought before
the Council for a second reading.
ORDINANCE NO. 3246, AN ORDINANCE amending the 1990 budget for the
City of Yakima; and making an appropriation of $8,943 in the
Convention Center Capital Improvement Fund for expenditure during
1990 for purchase of two hot water tanks.
*20. FIRST READING ON AN ORDINANCE AMENDING THE 1990 BUDGET FOR 1989
YEAR -END ENCUMBRANCES (NO FORMAL ACTION REQUIRED THIS MEETING)
An Ordinance amending the 1990 Budget for 1989 year -end
encumbrances, having been read by title only, was laid on the table
for two weeks, until March 13, 1990.
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FEBRUARY 27 , 1990
FIRST READING OF AN ORDINANCE AMENDING THE 1990 BUDGET FOR THE CITY
OF YAKIMA; MAKING APPROPRIATIONS FOR 1989 YEAR -END ENCUMBRANCES
FROM UNAPPROPRIATED FUND BALANCES WITHIN VARIOUS FUNDS FOR
EXPENDITURE DURING 1990.
21. OTHER BUSINESS
Council member Sims requested staff investigate an excavation site
just west of Chicago, on Yakima Avenue where the house was torn
down, leaving a hole.
It was MOVED BY SIMS, SECONDED BY BUCHANAN, TO APPOINT GABRIEL
MARTINEZ 10• THE COMMUNITY PROGRAMMING ADVISORY COMMITTEE. The
motion carried by unanimous voice vote. Pechtel absent.
Information Items:
Items of information supplied to Council were: Letter from
Governor Booth Gardner regarding state funding for law and justice
'programs at - the* local 2/13/90; Letter from Raymond
Paolella, Halverson & Applegate, regarding Jeffrey H. Temkin, Inc.,
Request for Withdrawal of Mitigated DNS. 2/22/90; Memorandum
fran Director of Finance and Budget and Customer Service Manager
regarding Diamond Parking Proposal. 2/22/90; Yakima County
Coalition for the War on Drugs, Director's Report, January 1990;
Legal Department Monthly Report for Jarivary 1990; Minutes of the
January 18 & 25 and February 8, 1990 Yakima Air Terminal Board
meetings; Article from the 2/17/90 Bellevue Journal American,
"The Nation's Unlikeliest Drug Battlefield. "; 2/18/90 Associated
Press article, "Drug Cases Flood E. Washington Courts "; and
Article from the 2/6/90 The Wall Street Journal, "Drug Cases Crowd
Out Civil Federal -Court Trials as Judge Calls Business Litigation a
'Stepchild."
22. EXECUTIVE SESSION REGARDING PENDING LITIGATION AND COLLECTIVE
BARGAINING
It was MOVED BY BUCHANAN, SECONDED BY SIMS, ZU ADJOURN INTO
EXECUTIVE SESSION FOR APPROXIMATELY 30 MINUTES FOR THE PURPOSE OF
DISCUSSING PENDING LITIGATION AND COLLECTIVE .BARGAINING WITH
IMMEDIATE ADJOURNMENT THEREAFTER. The motion carried by unanimous
voice vote. Pechtel absent.
23. ADJOURNMENT
Following the completion of the Executive Session, the meeting was
adjourned at the hour of 5:25 P.M.
READ AND CERTIFIED ACCURATE BY: ,i'Lla AI OLF % .:..,I &A, / i`
COUNCIL mER DATE
•UNC !c MEMB R DATE
ATTEST:
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CITY CLERK 'YOR
Minutes prepared by Lois Harris- Givens
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