HomeMy WebLinkAbout03/24/1975 Business Meeting MARCH .24, L975
The City Council met in session at 1:30 P.M. on this date in the
Conference Room at Yakima City Hall.
Councilmen present at the meeting were Mayor Bert Broad, Wray Brown,
!Betty L. Edmondson, Dick Jarms, W. K. "Pete"Moore, Don Schussler
and Bill Simmons.
Mr. Roger Reed, Senior Assistant Attorney General, addressed the
Council concerning Consumer Protection in the State of Washington.
Mr. Reed indicated that the City of Yakima was as susceptible to
consumer fraud as most of the larger cities in the State. He and
his staff have spent considerable time investigating unfair trade
'practices in Yakima referred to the State by the Better Business
,Bureau. The case load presently indicates that transient consumer
problems are recurrent in the City of Yakima and typically come
from other communities which have engaged more stringent consumer
:protection laws. Mr. Reed recommended that the Council consider
the adoption of a proposed model Ordinance drafted by his office
Iwhich would offer local consumer protection against unfair and
ideceptive commercial acts and practices. Such an Ordinance would
:provide a standard for determining what trade practices would be
considered unfair and deceptive and to inform, educate and protect '
the consumer and business public from unfair and unconscionable
,practices. Mr. Reed indicated that his office could only handle
'gross violations and that the infrequent or singular infractions
were typically not pursued. In this context, he recommended that
the local jurisdictions undertake the responsibility for safe-
guarding consumers against such actions. The modelOrdinance.,createS
a Director of Licenses and Consumer Affairs to oversee and
'investigate consumer violations. The Ordinance itself is a synthesis
of State Federal Trade Law Regulations and entitles the Director to
;investigate and subpoena witnesses and conduct whatever investi-
gation is necessary to discover fraudulent procedures and criminal
Iviolations. Upon consideration of Mr. Reed's remarks, the Council
lindicated that this matter should be studied further by the City
Staff and a decision made pursuant to that review.
lit was MOVED by Schussler, seconded by Moore that the Council then
'go into Executive Session to discuss pending litigation with the
City Attorney.
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At 3:00 P.M., the Council members moved into the Council Chambers
for the balance of the meeting, Mayor Broad presiding, Councilmen
iBrown, Edmondson, Jarms, Moore, Schussler and Simmons, City
!Manager McMicken and City Attorney Andrews present on roll call.
IThe Invocation was given by Mayor Broad.
IThe minutes of the previous meeting of March 17, 1975, having
been duly certified accurate by two Councilmen, and no one present
wishing to have said minutes read publicly, Mayor Broad declared
I said minutes approved as recorded.
This being the time set for the Hearing on Resolution of Intention
INo. D-3276, to create a Local Improvement District by the construc-
tion of a sewer in the vicinity of North 62nd Avenue, Director
of Public Works Dave Vargas reported that the sewer lines will
be installed along the easements in back of the properties involved,
and there being no protests in writing or otherwise, it was MOVED
by Brown, seconded by Schussler that Ordinance No. 1766, creating
!L.I.D. No. 1003, North 62nd Avenue Sewer District, be passed:
carried, Broad, Brown, Edmondson, Jarms, Moore, Schussler and
;Simmons voting aye on roll call.
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!ORDINANCE NO. 1766, AN ORDINANCE providing for the improvement
of certain property by constructing a pipe sewer with the necessary
wye branches and manholes; establishing a Local Improvement
1 District, providing for the method of payment therefor, and creating
a special fund.
6 F 7 0
MARCH 24,1975
This being the time set for the Hearing on the Assessment Roll
for L.I.D. NO. 1000, Place Vendome Domestic Water Improvement,
and there being no protests in writing or otherwise, it was MOVED
by Schussler, seconded by Edmondson that Ordinance No. 1767,
confirming said Assessment Roll, be passed: carried, Broad,
Brown, Edmondson, Jarms, Moore, Schussler and Simmons voting
aye on roll call.
ORDINANCE NO. 1767, AN ORDINANCE confirming the Assessment
Roll covering Local Improvement District No. 1000 as created
and established by Ordinance No. 1707 of the Ordinances of
the City of Yakima.
This being the time set for the Hearing on the proposed Community
Development Block Grant Program, Mayor Broad referred to the
Hearing on this matter held at the previous meeting and to
this subsequent Hearing for purposes of citizen input. City
Manager McMicken noted the report submitted in response to
earlier discussions, entitled Priority of Needs, which reflects
the results of a community survey. The first page of this
report lists needs divided into three major areas, to include
Neighborhood Needs for Physical Development, Areawide Needs
for Physical Development and Public/Social Service Needs. Mr.
McMicken reported that those items noted as proposed priorities
under each major area included numbers 1 and 2 under the first,
second and third major divisions, as listed on the first page.
Those under area 1 would apply mainly to low income persons or
elderly. These persons are also taken into account in the
design phase under the second Area-wide Needs. Also included
is the Housing Resource Center. He noted that under area 3,
street lighting would be an element in crime prevention. Mr.
McMicken briefly reviewed the 3 alternatives for project funding,
as presented in the report to include Alternative A, resulting
from the all-day session at Yakima Valley College by the Citizen's
Committee, which list was presented at the last Hearing. He
noted that funding extensions appear which would be necessary
for second and third year fundings if these projects were funded
in the first year. He explained that these would not be decided
now, noted but some projects would have follow-through implica-
tions. He also reviewed Alternative B, a Housing Only List,
and to Alternative C, which first year program would
be as follows:
Housing Resource Center Services $50,000
Yakima Housing Authority Recycling Fund $100,000
Neighborhood Park Area 113 Site Acquisition 21,600
Senior Citizen's Center Site Acquisition 30,000
Lighting east of 16th Avenue 21,600
Community Development Administration 25,000
Contingencies 7,800
$256,000
Mr. McMicken noted the Housing Resource Center Services Budget
for 1975, noting that the Community Development Act provides
for such services along with the Craftsman Corp budget in the
amount of $25,000. Referring to the proposed Neighborhood
Park, Mr. McMicken reported it would_be 5-9 acres. Director of
Parks and Recreation, Bill Hutsinpiller reported that the first
year funding includes a 40 percent local share, with development
of the Park to occur in the last year of funding. He indicated
a park location proposed for the Garfield School area where
there are many elderly and low income persons. He indicated
the staff does not have a specific site in mind, but the park is
proposed for Neighborhood 15. Mr. McMicken reported that this
is shown as a priority project in the Comprehensive Parks and
Recreation Plan. Referring to the Senior Citizen's Center,
Mr. McMicken noted that some feel two or more centers would
be an asset to the community, with new construction to begin
in the third year.
322
MARCH 24, 1975
Traffic Engineer Bill Stark reviewed alternatives for lighting
!east of 16th Avenue, as included in Alternative C, noting that
it would include just the residential area east of 16th Avenue
at a cost of approximately $21,600. He reviewed the type of
;lighting to be considered, noting that the incandescents often
! burn: out. Mercury vapdr,lighting would be replaced on a lease
:program from Pacific Power and Light and would not be a group
Ireplacement program, but only maintained on a burnout basis.
The alternative to this program would be for the City to install and
'maintain their own lighting, to include a group replacement program.
He noted how much the City would save by doing their own replacement
and maintenance.
'Housing Services Representative Art Gordon reviewed the elements
'of Alternative B containing the breakdown of how funds for housing
would be spent if the $256,000 were utilized. He reviewed the
Community Development Housing Programs as outlined in Attachment : 1
A. Miss Marguerite Hackett commented that most of the housing
'program is directed toward the low and middle income and questioned
where wealthier elderly persons will live. Anna Uebelacker spoke
in support of the Home-Base Preschool Program. Grace Anderson,
;Executive Secretary for Washington Association for Retarded Children
!spoke to the Council regarding the needs of this organization
and in support of the Special Projects for the Handicapped.
!Carolyn Halford also spoke in favor of Special Projects. Others
!present and speaking in favor of Special Projects were Mr. Bill
IWegeleben, Marjorie McCormick, Vivian Leigh and Floyd Winegar.
;Anna Uebelacker passed to Councilmen additional information regard-
ling the Home-Base Preschool Program, noting that the U. S. Office
of Education has been contacted and has assured them of additional
funding of $55,000 - 60,000 if a local operational program is
funded. Others present and speaking in favor of the Home-Base
Program were Molly Day, Margaret McCay, Mrs, Bill McCay, Nedra
!Canard and Paula McCay. Kathleen McGuire indicated she felt
Iprograms such as Head Start were sufficient for preschoolers
in Yakima. Mr. Harold Smith, Senior Citizens President, spoke
to the needs of enlarging the present Senior Citizens Center
Ifacilities and passed to Councilmen copies of a informational
'report on the center. Mrs. Hauf spoke on behalf of the Capitol
! Theatre restoration, and requested consideration of the restroom
for the handicapped. Mr. Johnnie Rance and Henry Beauchamp presented
la proposal on behalf of the Southeast Community Center for support
of the proposed Recycling Center, noting its benefits in terms
of crime prevention and employment opportunties. A letter was
submitted to the Council from Director Charles Lee, outlining
the proposal and funding requested in the amount of $20,000.
Mayor Broad indicated that no final decisions would be made at'
this time, but that the Council would hold more meetings on this
matter.
Mrs. Mark Gilbert made a presentation to Mayor Broad and Council
members on behalf of Women for the Survival of Agriculture and
introduced also Mrs. Leonard Long and Mrs. Ken Knight, active
members. Mayor Broad read his Proclamation declaring the week
of March 24 thru 28, 1975 as Yakima Agricultural Week.
'Director of Public Works Dave Vargas eported on the Design Elements'
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of the South First Street Improvement Project Mead to Washington
!Avenues, as it effects the abutting properties. He reported
that the project will be funded out of State and Federal monies
I with no assessment to abutting property owners. He reviewed
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the project, to include installation of curb and sidewalk within
the existing right-of-way, continuation of five traffic lanes, and
controlling access with the use of curbs and drivewayst, as shown
on the map. He referred to the problems cited earlier by the
'Arctic Circle, Mr. William Zero and Kawasaki Country in reference
to reduced parking space. In reference to the objections by
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IMr. Zero, he noted that the City proposes to use their right-of-way
,
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MARCH 24, 1975
for sidewalk, with access provided through the use of a driveway.
This will take three or four of their parking spaces. In
reference to problems associated with Kawasaki Country,
he reported that a wide driveway is being provided for them, but
'would cut down on the number of parking stalls. Mr. Pat
McCarthy and Mr. Don Patnode, Kawasaki Country, being present
Ispoke in opposition to the project, noting that most of their
parking will be removed. Mr. Vargas indicated that these
'improvements are also necessary for persons riding the bus.
I Manager McMicken reported that no further action was
!needed at this time, since the project was previously approved.
City Manager McMicken reported that bids were received and
"considered by a Bid Board on March 13, 1975 for the South
First Street Sewer - Russell Lane to Lindy Lane, Schedule
I, as follows:
Valley Cement Construction, Inc., Auburn. $43,487.01
Jobeca Construction Company 60,690.00
DeBlasio Construction Company 61,624.50
The City Engineer recommending that the Bid be awarded to
Ivalley Cement Construction Inc., who submitted the lowest
and best bid, it was MOVED by Schussler, seconded by Brown
t hat the Bid be awarded to Valley Cement Construction, Inc.
in the amount of $43,487.01 and that the City Manager be
;authorized to enter into contract with said contractor upon
t he filing of the proper bond and insurance: carried, Broad,
!Brown, Edmondson, Jarms, Moore, Schussler and Simmons voting
,3.17e by voice vote.
Icity Manager McMicken reported that Bids were received and
'considered by a Bid Board on March 11, 1975 for the Kiwanis
!Park Comfort Station as follows:
Zimmerman Construction $12,878.25
John P. Crawford Construction 13,864.20
Frenzel Construction 13,944.00
Central Heating & Plumbing Co. 18,281.55
The City Engineer recommending that the Bid be awarded to
'Zimmerman Construction Co. in the amount of $12,878.25, it
was MOVED by Schussler, seconded by Brown that the Bid be
;awarded to Zimmerman Construction Company in the amount of
$12,878.25 and that the City Manager be authorized to enter
into contract with said contractor upon the filing of the
'proper bond and insurance: carried, Broad, Brown, Edmondson,
'Jams, Moore, Schussler and Simmons voting aye by voice vote.
IMr. Peter Marshall, of Stevens, Thompson and Runyan, Inc.
passed to Councilmen copies of a portion of the Draft Environmental
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Impact Statement for the Central Business District Parking
and General Improvements. He briefly reviewed its contents,
to include analysis of existing CBD conditions relative to
;air and noise, residential development, traffic flow, and transit
;systems. He referred to the modifications proposed for Yakima
lAvenue, 2nd Street and other streets which will be handling
'increased traffic as a result of the project. He reported
that the Draft particularly addresses changes in traffic
'patterns and steps which can be taken to offset adverse effects.
Also reflected, is the economic impact of the Study. Mr. Marshall
'noted an overall favorable impact. Finally, he indicated
the report addresses elements of displacement, noise and
'alternatives to the project, noting that the benefits to
be derived out-weigh the questions. It was MOVED by Schussler,
;seconded by Jarms that the hour of 8:00 P.M. be inserted in the
:proposed Resolution fixing the date of Hearing on this Statement:
'carried, Broad, Brown, Edmondson, Jarms, Moore, Schussler
land Simmons voting aye by voice vote. It was then MOVED
by Schussler, seconded by Edmondson that Resolution No. D-
3284, fixing fixing April 21, 1975 as the date for Hearing on said
iDraft Environmental Impact Statement, be passed: carried,
324
MARCH 24, 1975
'Broad, Brown, Edmondson, Jarms, Moore, Schussler and Simmons
:voting aye on roll call. Also present and speaking to this matter
was Mr. Lee Semon.
'RESOLUTION NO. D-3284, A RESOLUTION of the Council of the City
of Yakima, Washington, directing distribution of a Draft Environ-
mental Impact Statement with regard to the proposed improvement
of the downtown area of the City by the construction and installation
'of off-street parking facilities, improvement to pedestrian spaces '
and general improvements, and fixing a date for a Public Hearing
Ion such Statement.
It was MOVED by Brown, seconded by Schussler that Resolution
INo. D-3285, authorizing a temporary loan of $100,000 from Water-
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Sewer Fund to the Airport Improvement Fund for property acquisition,,
be passed: carried, Broad, Brown, Edmondson, Jarms, Moore, Schussler
and Simmons voting aye on roll call.
;RESOLUTION NO. D-3285, A RESOLUTION authorizing a temporary
!loan of $100,000 from 473-Water-Sewer Fund to 361-Airport Improvement
1 Fund and providing for repayment.
!City Manager referred to the proposed purchase of property adjacent
to the City Shops. Councilman Jarms indicated that considering
all the funding requests and current expenditures, he questioned
'whether it would be necessary to use this property very soon.
'Director of Public Works Dave Vargas indicated there was no
l immediate need for the house property which would cost approximately
1 $17,750. Councilman Schussler noted the small size of the property
at 75 by 90 feet. Councilman Edmondson indicated she did not
ifeel it would be wise to purchase the property at this particular
time. After due discussion, it was MOVED by Brown, seconded
by Simmons that the proposed property be purchased: Councilmen
'Broad and Brown voting aye by voice vote; Edmondson, Jarms,
!Moore, Schussler and Simmons voting nay by voice vote. The
:Motion lost for want of a majority vote.
It was MOVED by Schussler, seconded by Edmondson that Resolution
INo. D-3286, A Resolution of intention to improve property by
the construction of a sewer in the vicinty of 63rd Avenue between
i Lincoln and Englewood, be passed: carried, Broad, Brown, Edmondson,
!Jams, Moore, Schussler and Simmons voting aye on roll call.
RESOLUTION NO. D-3286, A RESOLUTION of intention to create a Local
:Improvement District.
ICity Manager McMicken reported on the Right-of-Way Use Permit
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'requests for the following:
A. Prentice Packing and Storage, 202 N. 1st Avenue
B. United Supply Company, 201 N. 2nd Avenue
C. Helliesen Lumber Company, 117 - 131 N. 1st Avenue
Mr. McMicken indicated these three requests involve docks,stairway and
storage areas. Each has been processed through the appropriate
'City officials and each approved with conditions attached only
to the Prentice request. Those conditions are as follows:
1. That all storage of pallets, bins and equipment be
limited to the dock area;
2. That no trash or waste materials be stored in this area;
3. That the equipment room attached to the east side of their
warehouse be removed or remodeled to comply with fire zone
No. 1 requirements;
4. That the boiler room authorized by Resolution be removed
or repaired to improve the appearance and stability of
this structure.
325
MARCH 24, 1975 -
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It was MOVED by Schussler, seconded by Moore that these
three requests for Right-of-Way Use Permits, be granted:
i parried, Broad, Brown, Edmondson, Jarms, Moore, Schussler
and Simmons voting aye by voice vote.
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Damage Claims having been filed with the City Clerk on:
a. March 19, 1975, by Eunice Bender, 1214 S.69th Avenue
in the amount of $20,000 for damages in connection
with a motor vehicle accident;
b. March 20, 1975, by Naomi Danielson, 205 N. 6th St.,
in the amount of $22.50 for injuries in connection
with a police incident;
c. March 20, 1975 by Randy Danielson, 205 N. 6th St.,
in the amount of $35.00 for injuries sustained
during a police incident;,
it was MOVED by Schussler, seconded by Brown that said Damage Claims
pe referred to the City Manager and Staff for study and recommend-
ation: carried, Broad, Brown, Edmondson, Jarms, Moore, Schussler
and Simmons voting aye by voice vote.
City Manager McMicken requesting authorization for out-of-
state travel to attend the International Convention of Community
dvisors in Chicago, Illinois, April 3, it was MOVED by Jarms,
Seconded by Moore that said travel be approved and expenses
paid: carried, Broad, Brown, Edmondson, Jarms, Moore, Schussler
and Simmons voting aye by voice vote.
'There being no further business to come before the Council,
at was MOVED by Schussler, seconded by Moore that this meeting
be adjourned at 5:55 P.M. to this evening at the hour of
16:00 P.M. to then meet in the Flight Deck Restaurant: carried,
Broad, Brown, Edmondson, Jarms, Moore, Schussler and Simmons
voting aye by voice vote.
iREAD AND CERTIFIED ACCURATE BY "
1 • NCILMAN
-to
`IP DATE ! 411r.
1-
i
OUNCILMAN
ATTEST:
■ OF- 4fe /e1411.4q
inumairdgf
! CITY CLE;,' MAYOR
ADJOURNED REGULAR MEETING - MONDAY, MARCH 24, 1975
I/
The City Council met in session on this date at 6:00 P.M. in the
Flight Deck Restaurant with members of the Parks and Recreation
Commission to discuss the role of the Commission and City Council
concerning joint items of interest.
Councilmen present at the meeting were Mayor Bert Broad, Wray Brown,
Betty L. Edmondson, Dick Jarms, W. K. "Pete" Moore, Don Schussler
and Bill Simmons.
Chairman of the Parks and Recreation Commission, Mer Edmondson,
reviewed the following:
1 1. Cahalan Park Conveyance. The Council was advised
that the Union Gap City Council had deferred any
further consideration of obtaining Cahalan Park
inasmuch as there was no funding available for
acquisition this year. Mr. Edmondson indicated that
the Commission would still leave the option for
conveyance open for the future.
326
MARCH 24, 1975 _- _.
2. Red Cross Swimminq. A swimming program has been
established for 1975 consisting of two qualified k ucLo
instructors. The fee will be $2.00 for 10 lessons,
as opposed to $3.25 originally proposed; however,
c for those lacking even the minimal stipend, there
will be no fee required.
3. Community Park Site Acquisition. Council was advised
that the option on the property for park site acqui-
sition had been secured and that further negotiations
were in process.
4. Community Development Allocations. The. Commission
expressed its interest in various projects which
they believed should be funded from this year's
entitlement of Community Development Block funds.
Commission members favored expansion, of the Senior
Citizen's Center, as well as the School and Parks
Recreation Program. Although the School /Parks
Program has apparently been successful, Commission
members believe it could be substantially upgraded.
Councilman Edmondson reminded Commission members
that Parks had received $200,00.0 in FRS Funds last
year and because of this, she believed recreation
programs should not have high priority this year.
Councilman Schussler also agreed and expressed
concern over whether or not crime prevention should
be a high priority. As far as deterring juvenile
crime,, Bill-Hutsinpiller indicated he would like to
see expansion in teen activities and indicated that
the entird.Commis'sion was in favor of expanded teen
programs. Councilman Brown took the opposite view
by indicating, that funds for teen pur-
poses would not really do very much to solve juvenile
crime problems and, in fact, opens the door for
recurring budget demands from General Fund reserves.
He further expressed reluctance to expanding the
Senior Citizen Center this year and recommended
buying land next year. Mayor Broad expressed
similar sentiments and felt that some investigation
should be made into using churches for expanded
Senior Citizen Center services. City Manager
McMicken indicated that the City has many options,
but reminded Council and Commission' members that
the grant was designated or-low - and - mod.erate incomes
and held community blight as a priority and that rec-
reation for teenagers would very likely be unacceptable
in terms of priority. If school recreation facilities
are considered important, perhaps Parks should consider
utilizing additional CETA personnel. Councilman Simmons
expressed some concern over the acquisition of further
facilities, suggesting instead that we develop current
programs and put facility acquisition into abeyance for
a few years. Concerning Senior Center acquisition,
City Manager McMicken expressed the opinion that there
might be a need for four centers rather than one
concentrated facility. Mayor Broad argued against this
approach since it would require additional staff,
maintenance and might lead to competition among Senior
Citizens in the Community. Council indicated they
respected the concerns of the Commission as far as
Community Development allocations were concerned and
would be considering each of,these projects in- propor-
tion to other needs identified in the Preliminary Grant:
Application.
5. Freeway Park. The Commission reiterated its interest in
the Freeway Park complex along the Yakima River indicating
that it would very likely require both City and County
involvement, but may very well become another Park
Bond Issue. Yakima County this week will be forming
a River Front Committee to investigate the entire
concept. Bill Hutsinpiller will be included in this
Committee.
327
MARCH 24, 1975 - MARCH 25, 1975
6. Trails Committee. The _Commission expressed an
interest in the appointment of a Trails Committee
to study trail possibilities for bikes, etc.
throughout the City. There was some concern
over to whom the Committee would be responsible
to, but all parties agreed that the Committee
should report to the Commission to convey their
recommendations to the Council.
The meeting concluded with the understanding that the Commission's
concerns would be taken under advisement by the City Council.
I/
There being no further business to come before the Council, it was
MOVED by Moore, seconded by Schussler that this meeting be adjourned
at 9:20 P.M. to Tuesday, March 25, 1975, at the hour of 12:00 Noon,
to then meet in the Holiday Inn: carried, Broad, Brown, Edmondson,
Jarms, Moore, Schussler and Simmons voting aye by voice vote.
I READ AND CERTIFIED ACCURATE BY 4r,, 447„, DATE let? 75'
f COUNCILMAN
DATE
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COUN'ILMAN //
ATTEST:
CITY C RK ij MAYOR
1
ADJOURNED REGULAR MEETING - TUESDAY,.MARCH 25, 1975
The City Council met in session on this date at 12:00 Noon in the
Holiday Inn, Yakima, Washington.
1Councilmen present at the meeting were Mayor Bert Broad, Wray Brown,
Betty L. Edmondson, Dick Jarms, W. K. "Pete" Moore, Don Schussler
and Bill Simmons.
Council members held general discussion on various City matters. No
formal action was taken at this meeting.
,There being no further business to come before the Council, it was
MOVED by Moore, seconded by Simmons that this meeting be adjourned
jat 1:30 P.M., to Friday, March 28, 1975, at the hour of 11:00 A.M.
to then meet in the Conference Room at Yakima City Hall: carried,
IBroad, Brown, Edmondson, Jarms, Moore, Schussler and Simmons voting
I/
aye by voice vote.
READ AND CERTIFIED ACCURATE BY 4„, 1240144r4
COUNCILMAN
DATE --7 7 7-
COUNCILMAN
ATTEST:
411. i0IF•
bi) -
; CITY CL • K 1 w p,-1, 01 MAYOR
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