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HomeMy WebLinkAboutR-1997-071 Yakima Gateway Center Final PlatRESOLUTION NO. R-97- 71 A RESOLUTION authorizing the mayor to sign the Amended Yakima Gateway Center Final Plat. WHEREAS, Gary Lukehart and First Western Development Company has applied for amendment to the Yakima Gateway Center Final Plat (City No. Plat Alteration #1-97); and WHEREAS, pursuant to YMC 1.43.080(D) this matter is subject to final decision by the Hearing Examiner; and WHEREAS, the Hearing Examiner, after public notice, conducted a public hearing on February 13, 1997, and on April 25, 1997 issued his decision (Examiner No. I97-4-15) approving the requested plat amendment, and no appeal of this decision was filed during the following fourteen days; and WHEREAS, the best interests of the City of Yakima are served by authorizing the mayor to sign the revised final plat; now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The Hearing Examiner's April 25, 1997 decision, a copy of which is attached to this resolution as Attachment A, approves the Amended Plat and the mayor is authorized to sign the revised final plat of the Yakima Gateway Center. ADOPTED BY THE CITY COUNCIL this day of AI7IEST: G -yam City Clerk , 1997 Ly Buchanan, ayor NOTIFICATION OF HEARING EXAMINER RECOMMENDATION TO THE YAKIMA CITY COUNCIL On April 25, 1997 the Yakima Hearing Examiner rendered his recommendation on a Plat Alteration application submitted by The Gateway Center Associates. The applicants are requesting a minor lot line adjustment between lots 3 and 5 of the Gateway Center Plat. The subject property is located in the vicinity of 120 and 128 North Fair Avenue, Yakima, Washington. The application was reviewed at a public hearing held by the Hearing Examiner on February 13, 1997. A copy of the Hearing Examiner's Findings and recommendation is enclosed. The Hearing Examiner's Recommendation will be considered by the Yakima City Council in a Public Meeting to be scheduled. The City Clerk will notify you of the date, time and place of the public meeting. For further information or assistance you may contact Joan Davenport, Supervising Associate Planner, City of Yakima Planning Division located on the 2nd floor of Yakima City Hall, (129 North Second Street), 575-6164. al(' 1,1,6,,,/ ,9 Don S. Skone Planning Manager Date of mailing: 4/28/97 Plat Alteration Application by) EXAMINER'S DECISION ) Gateway Center Associates ) UAZO Plat No. #1-97 for Gateway Center Plat ) Examiner No. I97-4-15 RECEIVED APR 2 51997 CITY OF YAKIMA PLANNING DIV A public hearing was conducted on February 13, 1997. The staff report presented by Joan Davenport recommends approval of this minor plat alteration. There was no opposition. The Examiner inspected the property prior to the hearing. This decision constitutes a final decision subject to ratification by the Yakima City Council. Council ratification will be reflected by Council adoption of a resolution authorizing the Mayor to sign the revised final plat, at which point the amended plat shall be recorded with the County Auditor after signature by the Mayor. SUMMARY OF DECISION. This minor plat amendment is approved. From the view of the site, the matters contained in the official record including the Staff Report, a review of applicable local ordinances and state law, and from evidence received at the hearing, the Examiner makes the following findings: FINDINGS 1. Applicant. Gateway Center Associates. 2. Location. The Gateway Center plat is located northwest of the Yakima Avenue/I-82 Interchange reconstruction project. 3. Application. Plat amendment. EXAMINER'S DECISION •- 1 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAK IMA POST OFFICE BOX 4 YAKIMA. WASHINGTON 98907 (509) 248-0706 4. Jurisdiction. Plat alterations are governed by RCW Chapter 58.17. As authorized by state law, the Yakima City Council has delegated to the Hearing Examiner the authority for conducting hearings and determining plat alterations. See YMC Section 1.43.080. 5. Background. Gateway Center plat, involving 10 commercially zoned lots, was originally approved by the Yakima City Council on September 20, 1994, by Resolution R-94-126. The plat was recorded with the Yakima County Auditor September 28, 1994, Book of Plats DD, page 85; Auditor file No. 3067500, Volume 1453, page 1840. The first amendment to the Gateway Center plat altered the boundary lines of lots 2, 3, 4, and 5. It was approved by the Yakima City Council on April 16, 1996 and recorded with the Yakima County Auditor under Auditor File Nos. 3069539, 3068000, and 3068001. This second amendment to the plat corrects an error concerning the location of the boundary line between lots 3 and 5 of the first amended plat. The first amended plat as recorded still contained an encroachment of a lot line through an existing building. This was one of the errors which the first amended plat was designed to correct, but was unfortunately overlooked. adjustment legal and The City Planning Division to correct this discrepancy. financial reasons, Gateway approved a lot line However, presumably for Associates wishes the correction to be reflected in this second amended plat in maintain a clear chain of title. Specifically, the problem lot line occurs Office Max (lot 5), and Food Pavilion (lot 3). The order to between existing property line is too far west, bisecting an existing loading dock area and currently vacant retail space. This amendment will move the lot line to the edge of the existing buildings, conforming to actual construction. EXAMINER'S DECISION - 2 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA. WASHINGTON 98907 (509) 248-0706 6. State Environmental Policy Act. A Mitigated Determination of Non -Significance was issued on May 17, 1994 for the original plat. This alteration of lot lines is exempt from additional review under SEPA because the project is essentially unchanged. The alteration of the lot line does not increase the number of lots, and does not create any non- conforming lots. The mitigating conditions imposed are still applicable to this second amended plat, and are not changed by this amendment. 7. Local Ordinances. This proposal is consistent with the Urban Area Comprehensive Plan., the Urban Area Zoning Ordinance, and the City of Yakima Subdivision Ordinance. It is technical, if not clerical, in nature. 8. Public Notice. Notice of this hearing was accomplished in the following manner: Legal ad published January 31, 1997 Adjoining property notices mailed January 31, 1997 Posting of property January 31, 1997 From the foregoing Findings, the Examiner makes the following: CONCLUSIONS 1. The Examiner has jurisdiction. 2. The proposed second amendment to the Gateway Center plat is consistent with local and state law. 3. The amendment is approved, subject to the following conditions: A. Yakima C:Lty Council shall adopt a resolution authorizing the Mayor to sign the revised final plat. EXAMINER'S DECISION - 3 HEARING EXAMINER? ICOR THE CITY ANO COUNTY OF Y,4KIMA POST OFFICE BOX 4 YAKIMA. WASHINGTON 98907 (509) 248-0706 B. The revised final plat shall be recorded with the Yakima County Auditor after signature by the Mayor. C. The revised final plat, consisting of the second amendment to the Gateway Center plat, shall include all notes previously required on the Gateway Center plat concerning access easements and shared access to public streets. DATED this 2 day of April, 1997. Hearing Examiner EXAMINER'S DECISION - 4 HEARING EXAMINER FOR THE CT' AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA• WASHINGTON 98907 (509) 248-0706 CITY C)F YAKIMA PLAT ALTERATION APPLICATION RCVS! 58.17 Please type or print (in ink) Applicant Name and address: GATEWAY CENTER ASSOCIATES, L.L.C. 120 W. DAYTON, SUITE D-9 EDMONDS, WA 98020 Day Phone: (206) 776-6006 Name of Subdivision: Number of lots contained in the subdivision or portion of subdivision to be altered:__: : Attach copy of current ownership report covering the subdivision or part thereof to the alteration prepared by a title company. Attach a copy of the legal description of the proposed alteration. Assessor's Parcel Number(s): 191318-44402/44403 Describe the alteration you seed and attach a copy of the plat, highlighting the area to be altered: Minor revision in lot line between Lot 3 and Lot 5. GATEWAY CENTER SHOPPING CENTER RECEIVED JAN 0 8 1997 CITY OF YAKIMA COMMUNITY DEVELOPMENT Date Rec'd Fees Paid $ 125.00 Receipt # File No. Is the subdivision subject to restrictive covenants? Yes If yes, would this alteration result in the violation of any of the covenants? If the answer if yes, all parties subject to the restrictive covenants must sign the attached agreement. Plat Alteration Application Revised 2/95 ATTACHEMENT TO SUBDIVISION ALTERATION APPLICATION If the proposed alteration will result in the violation of an existing covenant, all parties subject to the restrictive covenant must sign the following agreement. We, the undersigned, hereby agree to terminate or alter the relevant covenant or covenants to accomplish the purpose of the alteration of the subdivision, or portion thereof, sought by this application. Name (signature) Address 110b E. tr. NIPOr /a UE. #ikie � / 1 Yakima, Lincorn Ave. WA 98901 Lots) or Tract(s) owned Lots 3 & 5 Lincoln Ave. WA 98901 Lots 3 & 5 Plat Alteration Application Revised 2/95 SIGNATURES: This application must be signed by all parties having an ownership interest in that portion of the subdivision subject to the alteration, as shown on the attached ownership report. Add additional sheets for required signatures if necessary. Name (signature) N/A Address Lot(s) or Tract(s) owned. Plat Alteration Application Revised 2/95 AMEAVEDPLAT OFLOTS .5 AND 5OF THE AMENDED PLAT O' YAKIMA 64T E WAY CENTGIK LOTS I - Z INK_ Los tvE /940 AMU( MIMS nit wlMfrr SAM IMM/ MIAMI Ao1CCRWf LMA • Or IAT ante AM rare AA, I Caupelfil. MIM NW Au OMOe MT MS N AMA* corm OV LAMS ~AI aMimile M/MIO MAW r IWAww 1M not Banat aat Aram rw OrVOunov MOW wr.r All "Amman, Mr Ruffs 110--110 7r -d[ MR1nn.I reNNI0Mw Mfl r11o'.nr 7rsAt WIN. BMW II 410W871( Ca17Mr r/f11arIM f 1f1111r/1'/IfrllfaM'w WM MY AMMO. 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If aro tartar LaMar Osiormit rot ll rPIlfao 01a1'O11r ASIAN AIM WI NW Mfr mat AlW A frADOVITII*AMMra/prr MMT 1rf AO/ AWES a Mr MSS •••• MN LMOMt/11aRr Darren: N A MOS OlwlwrrANSIMIMM'III aft MAMMO AN AnMMaO'IlMaM /Mw Man, ASO PIMP MST Arlt rMrrw 4 AinwINre ar111D�r[ /IarlOrNWT IS 0At •wr�wrM wwrn rnafewarM ar arwOr warn *rr ~a UN trot MONA 11 Off Or /M RanM01relrMee r eta 3011 POW M'S1wf1�11� ,. _ A/MIM Pita INOWAOMPIPT MIS M1IIarM11r1111rwM 00•rAMSSMOMSWINrrwprrw +LwawWr trot car cocoas r ateItUR-_, car 1a wap OfKa cow Orcor lrT A ~Of M MYa/fM Iflrar ALL aal/lalra/rn WO /rI� ..NrrlII11.7 l►MIMIC RAO dr Merl rMft•'fMr/ Of rrr ISM w►arwr Or AwwfwR AM1 war atasaa fro our r 111fMlleIMrt W (IMOLAI' AINOMrrm1 ARw_M at car wall arc Causal PO�OOr RECEIVED JAN 081997 CITY OF YAKIIV(A PLANNING (AIV t FILE: PROPONENTS: REQUEST: LOCATION: CONTACT: CITY OF YAKIMA DIVISION OF ENVIRONMENTAL PLANNING STAFF REPORT Public Hearing February 13,1997 Plat Alteration #1-97 Gateway Center Associates Amend Lot Lines within Gateway Center Final Plat East of North 10th Street and South of Fair Avenue Extension Joan Davenport, Supervising Associate Planner (575-6164) BACKGROUND An Amended Gateway Center Plat was approved by the Yakima City Council on April 16, 1996 and subsequently recorded with the Yakima County Auditor (Auditor File Nos. 3069539, 3068000 and 3068001). The Amended Plat currently on record altered the boundary lines of Lots 2, 3,, 4 and 5 of the Gateway Center Plat. Unfortunately, an error was found regarding the location of the boundary line of the Amended Plat between Lots 3 and 5. The Amended Plat as recorded still contained an encroachment of a lot line though an existing building (one of the errors which the plat was designed to correct). The City of Yakima Planning Division approved a lot line adjustment to affirm the modification of the parcel boundary to conform to the existing structures. However, Gateway Associates has filed this Amended Plat to legally recognize the changes in the platted lots. This Amended Plat would make the chain of title much more clear for subsequent owners of the lots. On September 20, 1994 the Yakima City Council approved the Yakima Gateway Center Final Plat (Resolution R-94-126) which created 10 lots of commercial zoning Northwest of the Yakima Avenue interchange reconstruction project. The plat was recorded with the Yakima County Auditor on September 28, 1994 (Book of Plats DD, page 75; Auditor file #3067500, Vol. 1453 1840). The problem lot line occurs between Office Max (Lot 5) and Food Pavilion (Lot 3). The existing property line is too far west and bisects an existing loading dock area and empty retail space. This proposed amendment would move the lot line to the edge of the existing buildings. The property is zoned Central Business District Support. JURISDIC MON Alterations to plats, such as the adjustments to lot lines are governed by Title 58.17.215 Revised Code of Washington. The procedure for alterations contained in this section of the Code describe standing to apply, public notice, and authority of the legislative bodies. The city council "shall determine the public use and interest in 1 the proposed alteration and may deny or approve the application for alteration." Authority for conducting the public hearing for plat alterations was delegated to the Hearing Examiner in 1986, pursuant to Yakima Municipal Code 1.43.080. LAND USE AND EXISTING ZONING The subject property is zoned Central Business District Support and the shopping center is largely constructed. The property has frontage on and access - from Fair Avenue Extension, just east of the intersection of North 10th Street and B Street as well as from the off ramp of I-82. Adjacent properties have the following characteristics: Location North of Fair Ave. South of Plat East Wes t Current Zoning Central Business District Support Central Business District Support Suburban Residential Central Business District Support Multi -Family Residential Existing Use Trail Wagons, Industrial Yakima Ave / Terrace Heights Dr Interstate 82, Yakima River Holiday Inn and proposed new motel on A Street low density residential uses URBAN AREA COMPREHENSIVE PLAN The requested Plat Alteration is proposed to correct an error on the previous plat of commercial development. One of the objectives of the comprehensive plan is to assure that future development is compatible with existing uses. New commercial development shall be allowed if it strengthens existing commercial areas, conveniently serves the citizenry, does not infringe on other uses in a conflicting manner, provides opportunities for expansion and diversification of business in the area, and promotes development of the central business district and associated peripheral activities. (Plan, OLU-11) STATE ENVIRONMENTAL POLICY ACT A Mitigated Determination of Non -significance was issued on May 17, 1994. This alteration of lot lines is exempt from additional review under the State Environmental Policy Act because the project is essentially unchanged and the alterations of the lot lines do not increase the number of lots, nor create any non- conforming lots. The May 17, 1994 determination included several mitigating measures which are still applicable to this revised proposal and are not changed by this proposal. SITE DESIGN AND DEVELOPMENT IMPACTS OF PROPOSED CHANGES This proposed lot line modifications are very minor in nature and do not change any previous condition of the plat or environmental review. DEVELOPMENT SERVICES TEAM The Development Services Team reviewed this lot line amendment: on January 22, 1997. No written comments were submitted. No technical issues were identified in this proposal. No easements are proposed to be vacated or moved with this lot line adjustment. The note remains on the amended final plat which declares the following: All lots created by this plat are subject to reciprocal non-exclusive access and parking easements, as well as a maintenance agreement as to all shared facilities, including but not limited to parking, landscaping and storm drainage. All other conditions of the plat, as recorded in September, 1994 remain in effect and are unchanged by this alteration of the lot lines. PUBLIC NOTICE Notice of this hearing was accomplished in following manner: Legal ad published January 31, 1997 Adjoining property notices mailed January 31, 1997 Posting of Property January 31, 1997 All property owners within the Gateway Center Plat have been notified of this hearing, pursuant to Revised Code of Washington 58.17.215. A title report submitted by the applicant indicates current ownership of Lots 3, and 5. FINDINGS The Division of Environmental Planning has reviewed this application and offers the following findings: 1. The proposed lot line changes meet the requirements of the City of Yaldma Subdivision Ordinance for conformance with design standards. The resulting lots conform to all minimum standards. With the presence of the internal. access easements and shared driveways the development is suitable to the setting at the vicinity of the interchange. This is consistent with the Urban Area Zoning Ordinance and the Yakima Comprehensive Plan. 2. The adjustment of the boundary line between Lots 3 and 5 is a minor change 3 • and does not affect any other lot within the Gateway Center Plat, or other adjoining property. 3. Public utilities and adequate street improvements are currently in place. No easements are changed or eliminated by this Plat Amendment. 4. All requirements for public notice and procedures for plat alterations specified in the Revised Code of Washington, Title 58.17.215 and the City Subdivision Ordinance have been complied with. 5. Comments received from the Development Services Team, composed of city and private or public utility providers, were considered by the Planning Division in this matter. 6. No lands within this subdivision are located within an assessment district, nor contains any land dedicated to general use. 7. The Revised Code of Washington 58.17.215 states that "after approval of the alteration, the legislative body shall order the applicant to produce a revised drawing of the approved alteration of the final plat, which after the signature of the legislative authority, shall be filed with the County auditor to become the lawful plat of the property." If the Examiner approves the requested plat alteration, a revised final plat must be signed by the legislative body and then be recorded with the County Auditor. This revised plat will replace the existing plat of record and will provide revised lot descriptions. RECOMMENDATION The City of Yakima Office of Environmental Planning has reviewed the application and recommends the alteration be approved based upon the following conditions: 1. A resolution authorizing the Mayor to sign the revised final plat should be presented to the Council. 2. The revised final plat shall be recorded with the County Auditor after signature of the Mayor. 3. The revised final plat shall include all notes previously required on the final plat regarding access easements and shared access to public streets. LEGAL NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given by the undersigned that a public hearing will be held by the Yakima City Hearing Examiner to consider a Plat Alteration application submitted by the Gateway Center Associates. The applicants are requesting a revision in the boundary line between lots 3 and 5 of the•Amended Gateway Center Plat. The subject property is located east of North 10th Street and south of Fair Avenue Extension, within the City of Yakima, Washington. The public hearing has been set for February 13, 1997, beginning at 9:00 am, or as soon thereafter, in the Council Chambers of Yakima City Hall, 129 North Second Street, Yakima, Washington. LEGAL DESCRIPTION: LOT 3 AND 5 OF THE AMENDED PLAT OF YAKIMA GATEWAY CENTER LOTS 1 - 7 INCLUSIVE, AS RECORDED IN BOCK "EE" OF PLATS, PAGE 11, RECORDS OF YAKIMA COUNTY, WASHINGTON PARCEL NUMBERS: 191318-44402 and 191318-44403 Further information regarding this application may be obtained by contacting Joan Davenport, Supervising Associate Planner, 129 North 2nd Street, Yakima, Washington 98901, or by calling 575-6164. Don S. Skone Planning Manager Please publish once only on January 31, 1997 Please mail affidavit of publication to: Account # 11002 City of Yakima Planning Div, 129 N 2nd Street Yakima, WA 98901 January 31, 1997 TO: All Interested Persons SUBJECT: Land Use Action in the vicinity of 120 and 128 North Fair Avenue Notice is hereby given that the City of Yakima, Planning Division is processing a Plat Alteration application submitted by the Gateway Center Associates. The applicants are requesting a revision in the boundary line between Tots 3 and 5 of the Amended Gateway Center Plat. The subject property is located east of North 10th Street and south of Fair Avenue Extension, within the City of Yakima, Washington. This action requires that a Public Hearing be held by the Hearing Examiner. The Hearing Examiner will then issue a recommendation to the Yakima City Council for its consideration. The Public Hearing has been scheduled to be held on Thursday, February 13, 1997 beginning at 9:00 am, or soon thereafter, in the Council Chambers, City Hall, 129 North 2nd Street, Yakima, WA. Any person desiring to express his/her view on this matter is invited to attend the Public Hearing or submit written comments to: City of Yakima, Planning Division, 129 N. 2nd Street, Yakima, Washington 98901. If you have questions contact Joan Davenport, Supervising Associate Planner at (509) 575-6164 prior to the scheduled hearing. Sincerely, Joan' Davenport Supervising Associate Planner Enclosures LEGAL NOTICE -NOTICE OF PUBLIC HEARING Notice is hereby given -by the undersigned that a public hearing will be held by the Yakima City Hearing Exam- iner to• consider "a Plat Alter- ation application submitted by the Gateway Center As- sociates. The applicants are requesting a .revision .in the boundary line between lots 3 and 5 of the Amended Gate- way Center Plat. The subject property "Is located east of North 10th Street and south of Fair Avenue Extension, within the City of Yakima, Washington. The public hear- ing has been set for February 13, 1997, beginning at 9:00 am, or as soon thereafter, in the Council Chambers of Yakima City Hall, 129 North Second Street, Yakima, Washington LEGAL DESCRIPTION: LOT '3 AND 5 OF THE AMENDED PLAT OF YAKI- MA GATEWAY CENTER LOTS 1 - 7 INCLUSIVE, AS RECORDED IN BOOK "EE" OF PLATS, PAGE 11, RECORDS OF YAKIMA' COUNTY, WASHINGTON. PARCEL NUMBERS 191318-44402 and 191318- 44403 Further information regard- ing this application may be obtained by contacting Joan Davenport, Supervis- ing Associate Planner, 129 North 2nd Street, Yakima, Washington 98901, or by calling 575-6164 Don S. Skone Planning Manager (480800-650) January 31, 1997 AFFIDAVIT OF PUBLICATIO1 STATE OF WASHINGTON,) COUNTY OF YAKIMA ) :BETH S. BREAKEY, being first duly sworn on oath deposes and says that she is the Controller of Yakima Newspapers, Inc.d/b/a Yakima Herald Republic, a daily newspaper.Said newspaper is a legal newspaper approved by the Superior Court of the State of Washington for Yakima County under an order made and entered on the 13th day of February, 1968, and it is now and has been for more than six months prior to the date of publication hereinafter referred to, published in the English language continually as a daily newspaper in Yakima, Yakima County, Washington. Said newspaper is now and has been during all of said time printed in an office maintained at the aforesaid place of publication of said newspaper. That the annexed is a true copy of a: PUBLIC HEARING •• GATEWAY CENTER ASSOCIATES it was published in regular issues said newspaper once each DAY consecutive DAY (S) to -wit; on the the the the the the the the the the the the the the the the and during for the (and not in supplement form) of and for a period of ONE :31ST day of day of day of day of day of day of day of day of day of day of day of day of day of day of day of day of the such newspaper was regularly all of said period. That the foregoing publication is the. JANUARY ,1997 ,19 ,19 ,19 ,19 ,19 ,19 ,19 ,19 ,19 ,19 ,19 ,19 ,19 ,19 ,19 , distributed to its subscribers full amount of the fee charged sum of $51.98. CONTROLLER SUBSCRIBED AND SWORN to before me day of 4 NOTARY PUBLIC in and for State of Washington, residing at Yakima. the BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 9 For Meeting Of May 20. 1997 ITEM TITLE: Resolution Authorizing the Mayor to sign an Amended Gateway Center Final Plat (on behalf of Gary Lukehart and others) for property located in the Yakima Avenue interchange with 1-82 7 SUBMITTED BY: Glenn Valenzuela, Director of Community and Economic Developeent-7=' C CONTACT PERSON/TELEPHONE: Joan Davenport, Supervising Planner (575-6164) SUMMARY EXPLANATION: On February 13, 1997 the Hearing Examiner conducted a public hearing regarding an Amendment to the Gateway Center Final Plat. The amendment to the plat was minor in nature and does not change the number or general configuration of the existing Tots of record. The Hearing Examiner Ordinance, Yakima Municipal Code 1.43.080 delegates the Hearing Examiner final authority on Plat alterations. The Examiner issued his recommendation on April 25, 1996. The attached resolution authorizes the Mayor to sign an amended final plat. Resolution(s) X Ordinance Contract Other: Examiner's decision, staff report, notices, application Funding Source: none necessary APPROVAL FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt Resolution which authorizes the mayor to sign the amended final plat. BOARD RECOMMENDATION: COUNCIL ACTION: