HomeMy WebLinkAbout05/10/1983 Business Meeting Ei
MAY 10, 1983
BUSINESS MEETING
1. ROLL CALL
The City Council net in session on this date at 2:00 p.m., in
the Council chamber's of City Hall, Yakima, Washington. Mayor
Lynn Carmichael presiding, 'Council members Clarence Barnett,
Henry Beauchamp, Shirley Doty, W. K. "Pete" Moore and Jack
Sparling and City Manager Zais and City Attorney Andrews
present on roll call. Council member Lynn Buchanan present
after 2:17 p.m.
_2. INVOCATION
The Invocation was given by Council member MoOre.
3. OONSENT AGENDA
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Mayor Carmichael referred to the items placed on the Consent
Agenda, questioning whether there were any additions or
deletions 'from either Council members' or citizens present.
Council member Barnett requested Items Nos. 7 and 8 be added
to the Consent Agenda. Council member Moore requested Item
No. 23 he added to the Consent Agenda. It was the consensus
of the Council that the addition of Items Nos. 7, 8 and 23, as
requested, be made. The City Clerk then read the Consent
Agenda itens, including resolutions and ordinances by title.
- It was MOVED by Beauchamp, seconded by Moore that the Consent
Agenda, as read, he passed. Unanimously carried by roll call
vote. Buchanan absent.
*4. MINUTES
The Council minutes of April 5 and 12, 1983 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
None
(Council member Buchanan present after 2:17 p.m.)
6. CONSIDERATION OF HUMANE SOCIETY REQUESTS
a. RESOLUTION AUTHORIZING THE EXECUTION OF A OONTRACT WITH THE
HUMANE SOCIETY FOR ANIMAL CONTROL SERVICES .
Resolution NO. D-4802, having been read by title, it was
MOVED by Beauchamp, seconded by Doty that the resolution,
as read, he passed. Unanimously carried by roll call
vote.
RESOLUTION NO. D-4802, A RESOLUTION authorizing and
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directing the City Manager and City Clerk of the City of
Yakima to execute an Animal Control Agreement with the
Yakima County Humane Society.
b. OFFER TO ACQUIRE PROPERTY FOR A SHELTER FACILITY
Due to the lengthy discussion regarding this topic at
previous Council meetings, Council member Barnett
suggested it may be advisable for the groups present
wishing to speak to this issue, appoint a spokesperson
enabling all viewpoints to he addressed in a timely
manner. Larry Mathews, 805 South 17th Avenue, speaking
on behalf of the Arboretum Society was present to express
the Arboretum's opposition to the proposed location of
the Humane Society. He cemented that the placement of
the Humane Society shelter on the proposed 2.5 acre site
located near the Arboretum, would not he compatible with
the Arboretum Society. Mr. Mathews also commented that,
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MAY 10, 1983
in his opinion, the responsibility of locating or
providing property for the Humane Society is not the
City's Obligation. He suggested that City property
located south of the Airport would be a better location
than the proposed site presently being considered. Mr.
Mathews commented that the offer of $2,500 per acre to
purdhase the property offered by the Humane Society is
too low. He also commented that the placement of the
shelter on the proposed property would violate the
purpose for Which the land was originally set aside.
Lila Linker, 180 W. Chestnut, former President of the
Yakima County Humane Society, was present to speak in
support of the Humane Society. Jack Ames, 1111 North
II/ 34th Avenue, was present to speak on behalf of the
Arboretum Society, the Chrysanthemum Society and as a
member of the Yakima Kiwanis Club. He informed Council
he had toured the existing Humane Society shelter and
agreed the shelter needs renovation, however, he did not
believe there was a need for additional space. He
commented that throughout the history of the Arboretum,
there has been an unwritten understanding regarding the
manner in Which the land in question today should be
utilized. He indicated the unwritten understanding
pertained to developing the area into a park-like setting
and expressed his concerns regarding the compatibility of
the Humane Society shelter existing on the property. He
expanded on the $15,000 donation by the Kiwanis Club for
the development of a park-like setting in the area of the
proposed site. He addressed the construction of the
Humane Society shelter, expressing his concern that the
development of a berm between the shelter and the rest of
the area would not adequately address the possible noise
and odor prOblems. He urged Council to defer locating
the Humane Society on the proposed property. Del
Trimble, 701 South 31st Avenue, President of the
Arboretum Society, presented a petition in opposition to
the placement of the Humane Society near the Arboretum.
At this time, George Velikanje, attorney, representing
the Arboretum Society, was present and Del Trimble
yielded the floor. George Velikanje explained his
association with the Arboretum Society and stated the
Arboretum had requested him to speak on their behalf. He
stated the Arboretum was in opposition to the City's
proposed plan to sell the property located north of Ndb
Hill Boulevard and west of the Yakima River to the Humane
Society. He addressed several policy considerations that
have been made by the City of Yakima and previous City
Council members Which supported the concept of a
gap-to-gap park. He commented it was his understanding
that the property in question, was intended to be
preserved as a park-oriented area. Mr. Velikanje
II/ referred to funds received from the State of Washington
for the purchase of the 10-acre tract north of Nob Hill
Boulevard and the land use obligations connected with the
receipt of the State assistance funds. He stated that it
is the position of the Arboretum Society that the
proposed use of land would be incompatible with the
Arboretum, the Greenway Park and the City's past policy
for developing this property. Mr. Velikanje referred to
a memo provided to Council by City staff indicating the
Arboretum and the Greenway foundation had no opposition
to this project. He stated that was false; to his
knowledge, neither group had been contacted requesting
their input. He questioned the City's obligations to
locate and provide a site for the Humane Society and
questioned why City staff is proposing to use the
property in a manner Which is inconsistent with current
zoning and current land use. Mr. Velikanje responded to
Council's questions. City Manager Zais clarified for Mr.
Velikanje that the City staff and Council are responding
to a legitimate request from the Society for a site on
which to build a new shelter. He also clarified that the
staff report Mr. Velikanje referred to commented that
staff "believes that their (Greenway Foundation Board)
466 MAY 10, 1983
support and that of the Arboretum Society can be gained
if they are given the opportunity to review and comment
upon the building plans and landscape design." Del
Trimble indicated he did not have anything to add to Mr.
Velikanje's statements. Fred Westburg, speaking on
behalf of the Arboretum Society, expressed the
Arboretum's opposition to the placement of the Humane
Society on the proposed site. He requested Council to
seek an alternate site. Betty Davis, 510 Terrace Drive,
Selah, was present to represent the Washington State
Garden Club's opposition to the placement of the Humane
Society near the Arboretum. She expressed the Club's
concern of possible odor and noise fran the animal
shelter which would be incompatible with the Arboretum.
Council member Doty addressed the proposed plans and
concepts of the new Humane Society Shelter, indicating
she felt the new shelter would alleviate much of the
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potential odor and noise problems. Discussion followed
regarding clarification of the location of the proposed
Greenway/Kiwanis Park. Gordon WOnder, 718 N. 56th
Avenue, was present to speak on behalf of the Humane
Society. He spoke in support of the proposed location
for the Humane Society and the Society's desire to work
in cooperation with the Arboretum and Greenway
Foundation. He referred to an -ardhitectural design Which
he provided, explaining the Humane Society's proposal is
both flexible and cooperative. He informed Council that
the proposal was changed the previous night, following a
conversation with Jim Whiteside, Chairman of the Greenway
Foundation, in an effort to cooperate with the
Foundation's concern for better screening of the
facility. He informed Council of the Humane Society's
intention to build a park-like setting. Anne Anna,
President of the Humane Society, was present to inform
Council of the Society's efforts to build a compatible
shelter. She distributed pictures of the current
facility and informed Council - of the Shelter's public
education program planned for the new facility. Mayor
Carmichael requested clarification of the total acreage
- involved with the proposed facility. Gordon Wonder
responded, informing Council the facility is planned for
a 2.34 acre site. He reiterated the Humane Society's
desire to work with the Arboretum, Greenway Foundation
and the Kiwanis Club to construct a compatible shelter.
Discussion followed regarding the fair market value of
the proposed property. Doug Vawter, Director of the
Humane Society, was present to express his appreciation
of the Council's efforts in locating a new site for the
Humane Society. Council member Beauchamp questioned how
the new shelter will differ fran the old facility. Mr.
Vawter responded, informing Council the new shelter is
totally innovative and ccmmented on the new concepts
involved with the facility. Council member Beauchamp
questioned the process necessary to have the proFery
appraised if Council decided to make the property
available. City Manager Zais informed Council of the
necessary steps involved with the sale of the land if
Council decided to make the property available. He
indicated the City would need to engage an appraiser and
the process would also require an engineering study be
completed. He also indicated Council's legal action
would require a resolution authorizing the disposition of
the property. He stated the details should be addressed
through staff, the Parks and Recreation Department and
the Parks Commission to work out the administrative
details of the disposition of the property. City Manager
Zais informed Council of the need to go through the
County review process for a change in the zoning of the
larcperty. Council member Spading expressed his concerns
of the time element involVed and stated that an appraisal
of the land should not take too long. It was MDVED by
Beauchamp, seconded by ,Doty to instruct staff to prepare
a resolution declaring the intent to dispose of said
property, to secure a MAI appraisal and also refer the
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MAY 10, 1983
matter to the Parks Commission to address and work out
the concerns of the affected groups in order to make the
transaction more palatable. Council member Buchanan
expressed his concerns regarding the amount of the lease
and the haste in which a determination of the land is
being made. He cemented on the need for a land
management study of City-owned property. Council member
Doty commented that this issue has been very difficult
due to the many people involved. She expressed her
appreciation of the work accomplished by all the groups
attending the meeting today. Council member Barnett
commented the purpose of the Council is to balance all
interests involved and although the proposed property may
not be the most ideal location, he urged Council to
support the resolution declaring the intent to dispose of
the property. Council member Moore concurred with
Council member Buchanan's concerns regarding the lack of
a land management plan for City-owned property. However,
he expressed his opinion that the Council is not rushing
into this decision and addressed the importance of
locking at the overall picture pertaining to the Humane
Society and the viable services they provide to the City.
Council member Beauchamp expressed his support of the
notion, stating the Humane Society does provide a public
service and addressed the time and effort involved by the
City staff and Council to locate the best site for the
new animal shelter. City Manager Zais referred to
Council member Buchanan's earlier concern regarding the
l ease arrangements and indicated staff supports the sale
option versus a lease option. He stated staff will
return with the apprcpriate legislation for Council to
consider for final action. The question was called for a
vote on the motion. Carried 6-1 voice vote. Buchanan
voting nay.
*7. REPORT FROM PERSONNEL REGALING CITY'S AFFiRMATIVE ACTION/OONTRACr
COMPLIANCE STATUS
The report from the Personnel Officer dated May 10, 1983
regarding the City's affirmative action/contract compliance
status, was accepted and approved.
*8. REPORT FROM ENGINEERING AND UTILITIES REGARDING SLUDGE MANAGEMENT
STATUS
The report fram the Director of Engineering and Utilities,
dated May 10, 1983, regarding sludge management status, was
accepted and approved.
9. REPORT FROM ENGINEERING AND UTILITIES REGARDING STREET LIGHTS
(EONNEVILLE PROGRAM)
II/ Hank Hein, Supervising Traffic Engineer, was present to
address the Bonneville Power Administration (BPA) program
therein the City is converting the existing street lights to
high pressure sodium lights. He informed Council that the
estimated cost of the conversion is approximately $370,000.
He indicated staff is requesting an interim loan from the
Arterial Street Fund to facilitate cash flow, as it may take
up to two months to be reimbursed by the BPA for the
conversion costs. He indicated this loan would be repaid as
soon as funds are received through Pacific Power and Li
from the Bonneville Power Administration. Council member
Barnett questioned if staff is assured the City will receive
funds from BPA. Hank Hein responded in the affirmative,
informing Council of confirmation in letter form from both the
BPA and Pacific Power & Light. Discussion followed regarding
the reimbursement amount of the program. It was MOVED by
Moore, seconded by Barnett to accept staff's recommendation to
prepare the proper legislation for a loan up to a maximum of
$370,000 from the Arterial Street Fund, to fund the work until
the Bonneville Power Administration reimburses the City.
Council member Beauchamp questioned if the majority of work
involved will be contracted out. Hank Hein responded in the
4 6 8 MAY 10, 1983
affinsative. The question was called for a vote on the
notion. Unanimously carried by voice vote.
10. REPORT FROM ENGINEERING AND UTILITIES REGARDING TRAFFIC SAFETY
COMMITTEE AND TRAFFIC ENGINEER CURRENT WORK ASSIGNMENTS
Mark Bontrager, Chairman of the Traffic Safety Committee, was
present to discuss the Committee in general and highlighted
the safety related issues that have been discussed by the
Committee. He expressed his appreciation to be invited to
work with the Supervising Traffic Engineer and the Traffic
Safety ommittee. He briefly reviewed several areas of
interest by the Committee and informed Council of the
Committee's goal to work in an advisory capacity to the
Engineering Office and serve as a clearinghouse for citizen
concerns. It was MOVED by Doty, seconded by More to accept
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staff's report. Unanimously carried by voice vote.
It was the consensus of the Council to address It 25, Other
Business, at this time.
25a. OTHER BUSINESS
John Beer, Jr., Director of Community and Economic Development
was present to distribute a news release regarding a rat
abatement program to be undertaken by the City of Yakima and
the Yakima Health District. He informed Council that due to
an unusually large number of rats infestating the Northeast
Yakima neighborhood as well as along the irrigation canal
along Lincoln Avenue and 30th Avenue, the City has developed a
two-phase rat abatement program. He stated Phase I would
consist of public education, rat food habitat and elimination,
irrigation canal clean-up and vacant building inspection;
Phase II would include rat poisoning. Mr. Beer proposed the
use of $5,000 of Community Developrrent Block Grant contingency
funds to pay for the neighborhood clean-up and also fund the
public education phase of the program. He also proposed
$5,000 of the Irrigation funds be used for the irrigation
canal clean-up. He indicated the Yakima Health District has
been providing assistance, but is unable to provide funding
for the program. John Beer introduced Betty Gaudette, 701 No.
6th Street. Ms. Gaudette, volunteer with the rat abatement
program, circulated pictures, Illustrating the magnitude of
the rat prdblem. Discussion followed regarding the manner in
which the irrigation canal clean-up would be completed. It
was MOVED by Moore, seconded by Buchanan to accept staff's
recarurendation and allocate, funds as outlined. Unanimously
carried by voice vote.
11. RESOLUTION ESTABLISHING A POLICY FOR PURCHASIIC MOTOR VEHICLES
A resolution establishing a policy for purchasing motor
. vehicles, having been read by title only, it was MOVED by
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Sperling, seconded by Budhanan, that the resolution be
adopted. City Manager Zais contented that the policy for
purchasing motor vehicles should he of the entire Council and
requires the proper legislation Which is why this tcpic is
being returned to the Council. Jean Shipman, Purchasing
Agent, and Don Toney, Fleet Manager, ware present to respond
to Council's questions. Mayor Carmidhael questioned if
Council member Sparling's letter of April 1, 1983 regarding
City motor vehicles purchasing policies included in the staff
report, could be considered as a conflict of interest.
Council member Sperling responded, indicating his company was
not allowed to sell to the City of Yakima, and therefore would
not be in conflict of interest. Referring to Its Nos. 1 and
2 of the staff's memo regarding pickup and delivery costs of
motor vehicles, Council member Sperling requested
clarification of the deduction of cost calculation if the City
were to pick up the vehicle. Jean Shipman expanded on the
Police Department'.s policies regarding pickup of police
vehicles. Council member Sperling questioned the money saved
by using commissioned police offiers to pick up vehicles.
Addressing It No. 3, Council member Sperling indicated
MAY 10, 1983 463
staff's understanding regarding warranty service is not
necessarily true. He stated that depending upon the frandhise
agreement, local dealers are not usually required to servce
warranties except for cars they sell themselves. Addressing
It No. 6, Council member Sperling indicated he believed
there was an administrative possibility of accruing local
sales tax by taking delivery of vehicles within the City.
Jean Shipman responded, informing Council that this cannot be
done, per the State Department of Revenue, as the applicable
sales tax base applied is from the point of shipment for
retail sales. Discussion followed regarding the manner in
Which Council member Sparling's letter regarding City
purdhasing policies was brought to Council's attention.
Council member Barnett commented on the need to define at
11/ kind of vehicles would apply regarding City purchasing
pertaining rtaining to motor vehicles. Council member
Sperling indicated his suggestions as outlined in his letter
of April 1, 1983, pertained to vehicles on a state bid only.
Council member Buchanan stated he would like to see the
Council take an aggressive posture of trying to get the sales
tax paid within the City limits. He suggested that instead of
making a decision today, Council member Sperling could net
with Jean Shipman in an effort to establish a city purchasing
policy to enable the City to accrue local sales tax Wherever
applicable. It was MOVED by Budhanan, seconded by Beauchamp
to table the motion. Unanimously carried by voice vote.
*12. REPORT FROM FIRE DEPARTMENT REGARDING FENCING AT FIRE STATION NO. 5
The report from the Fire Chief dated May 3, 1983, regarding
fencing at Fire Station No. 5, was accepted and approved.
*13. RESOLUTION AUTHORIZING A COCA-COLA FUN RUN
RESOLUTION NO. D-4803, A RESOLUTIOaauthorizing the closure of
certain streets within the City of Yakima to accommodate a
Coca-Cola Fun Run.
*14. APPROVAL OF RIGHT-OF-WAY USE PERMIT FOR PROPERTY LOCATED AT 7 NO.
FRONT STREET
The Right-of-Way Use Permit as requested by Clenton Holmes,
submitted by the Director of Ccmmunity and Economic Develop-
ment, dated May 10, 1983, was accepted and approved.
*15. FIX DATE OF HEARING FOR JUNE 14, 1983
June 14, 1983 was the date set for the hearing for the Final
Assessment Roll for L.I.D. No. 1033, Modesto Way Sewer.
*16. FIX DATE OF HEARINGS IOR MAY 24, 1983
II/ a. May 24, 1983 was set for the date of hearing for the rezone of
property in the vicinity of No. 4th Avenue and W. Lincoln, as
requested by Yakima Adjustment Service, from R-2 to B-2.
b. May 24, 1983 was set as the date of hearing for the
Supplemental Community Development Block Grant funding (JOBS
Bill).
c. May 24, 1983 was set as the date of hearing for the major
modification of an existing outside utility agreement,
requested by 7-Eleven Store, 4904 Tieton Drive.
*17. APPROVAL OF OUT-OF-STATE TRAVEL REQUEST FOR FRED NORTON, CODE
MANAGER
The Out-of-State Travel for Fred Norton, Code Manager, to
attend the Fourth Annual Spring Conference of the
Northwest Chapter of the International Conference of
Building Officials in The Danes, Oregon on May 26-27,
1983, at a cost of $90, was approved.
L I TO MAY 10, 1983
*18. APPROVAL OF FINAL OONTRACr PAYMENT FOR THE WATER PROOFING COATING
SYSTEM PROJECT
The report from the Director of Engineering & Utilities dated
May 4, 1983, with respect to the completion of the work on the
Waterproof Coating System project, performed by ME
Construction Company, was approved, the work accepted and
payment of the final estimate as therein set forth was
authorized.
*19. ORDINANCE AUTHORIZING AN INTERFUND LOAN AND APPROPRIATION FOR
STREET REPAIRS (Second Reading)
An Ordinance authorizing an interfund loan and appropriation
for street repairs, having been read by title only at the
previous business meeting, was brought before the Council for
a second reading.
ORDINANCE NO. 2691, AN ORDINANCE amending the 1983 budget for
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the City of Yakima; authorizing temporary loans and providing
for their repayment; and appropriating unappropriated balances
in 141-Street Fund and 142-Arterial Street Fund for
expenditure during the year 1983.
*20. ORDINANCE AMENDING THE 1983 BUDGET AND APPROPRIATING MDNEY WITHIN
THE FIRE CAPITAL FUND (Second Reading)
An Ordinance amending the 1983 Budget and appropriating money
within the Fire Capital Fund, having been read by title only
at the previous business meeting, was brought before Council
for a second reading.
ORDINANCE NO. 2692, AN ORDINANCE amending the 1983 budget for
the City of Yakima; and making an appropriation in the
332-Fire Capital Fund for expenditure during 1983.
*21. ORDINANCE AMENDING THE 1983 BUDGET (First Reading)
The Ordinance amending the 1983 BudGet, having been read by
title only at this meeting, was laid on the table for two
weeks or until May 24, 1983.
*22. ORDINANCE RELATING TO STREETS AND SIDEWALKS; PROVIDING EXCEPTIONS
TO THE CLEARVIEW RMUIREMENT AT INTERSECTIONS
An ordinance relating to streets and sidewalks; providing
exceptions to the clearview requirement at intersections,
having been read by title, it was MOVED by Beauchamp, seconded
by Barnett to approve the ordinance. Council member Barnett
referred to staff's report and requested clarification in
conjunction with the ordinance. Hank Hein, Supervising
Traffic Engineer, was present to respond to Council's
questions. City Attorney Andrews cartrrented that more staff
time would be needed on this item as Hank Hein and he had not
had sufficient time together to develop this ordinance in
appropriate form. It was MOVED by Sperling, seconded by
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Budhanan to table this motion until the next business meeting
two weeks from today. Unanimously carried by voice vote.
*23. ORDINANCE ESTABLISHING WATER RATES (Continued from 5/3/83)
ORDINANCE NO. 2693, AN ORDINANCE relating to public services
and utilities; specifying rates for domestic water services;
and amending Sections 7.68.250, 7.68.251, 7.68.255 and Sub
Section 7.68,252 B, all of the City of Yakima Municipal Code.
25b. OTHER BUSINESS
Council member Barnett expressed his concerns regarding the
deletion of "Open Discussion For the Good of the Order" on
Business meeting agendas, as this did not allow for sufficient
discussion of other subjects necessary for Council infor-
mation. Mayor Carmidhaelconcurred. It was the consensus of
the Council to request staff'tc.- allow for "Open _Discussion for
the Good of the Order" on all future agendas.
MAY 10, 1983 471
City Manager Zais informed Council of two items of interest;
one of which included the recent passage of the legislation
that would grant an increase in the State bonded indebtness
limitation regarding wastewater grant funding. He also
informed Council that in connection with the City's wastewater
grant request, a ti"meframe has now been set for a presentation
to the Department of Ecology, Environmental Protection Agency
and the Federal Energency Management Agency on Monday, May 23,
1983. He reminded the Council of the Committee rich has
worked on this it in the past which consists of Council
members Budianan, Moore and Barnett and inquired if any of the
members would like to plan on attending the presentation in
Olympia at the Department of Ecology. Council member Moore
stated that if Council members Barnett and Buchanan attended,
that would be sufficient representation at the meeting.
INFORMATION ITEMS
Items of information supplied to Council were: mean from City
Manager re: Department of Ecology Wastewater Grant Funding
Concerns. 5/5/83; memo from Supervising Traffic Engineer re:
North First Street Closure. 5/6/83; memo from Director of
Engineering & Utilities & the Sanitary Engineer re:
Wastewater Treatment Plant Sludge Pump Replacement. 5/5/83;
memo from Supervising Traffic Engineer re: 1983 Yakima Air
Show scheduled for June 25 through June 26, 1983. 4/27/83;
article from the 5/3/83 Wall Street Journal, "Portland, OR,
Offers Services to Push Case for Annexation "; memo from City
Attorney re: damage claims referred to insurance company.
5/4/83; Yakima Fire Department Energency Activity Report for
April, 1983; minutes of the 3/9/83 Yakima District Board of
Health meting; and Community Television Newsletter, Vol. I.
No. 3, April, 1983.
24. EXECUTIVE SESSION REGARDING PENDING LITIGATION
It was MOVED by Doty, seconded by Moore to move into
Executive Session for the purpose of discussing pending
litigation and then imaaediately adjourn the meeting.
Unanimously carried by voice vote.
26. ADJOURNMENT
Following the completion of the Executive Session, the meeting
was adjourned at the hour of 5:30 p.m.
'14 READ AND CERTIFIED ACCURATE BY `��` -�h� DATE 174/ (3'
COUNCIL MEMBE
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. 7/6 - 3
COUNCIL MEMBER
ATTEST: 0-61ANWACa
CITY CLERK MAYOR