HomeMy WebLinkAboutR-2011-082 Streetscape Improvements Agreement with Yakima County RESOLUTION NO. R- 2011 -82
A RESOLUTION Authorizing the City Manager to execute an Interlocal Agreement with
Yakima County for Street Improvements.
WHEREAS, Yakima County owns five parcels of property comprising the County
Courthouse campus located between 1st and 2 Streets, and Martin Luther King Jr. Boulevard
and "A" Street in the City with Assessor's parcel numbers 191319 -
22439,22440,22484,22443,and 22444; and
WHEREAS, the County and City entered into an Interlocal Agreement on September 29,
2009 providing for the construction of street improvements along 2 and "A" Streets, including
cement concrete sidewalks, trees, pedestrian lighting and irrigation that reflects the City's
streetscape theme for the downtown area; and
WHEREAS, the County is undertaking a similar construction project known as the
County Courthouse Envelope Renovation which will impact the existing sidewalk and street
improvements along Martin Luther King Boulevard and First Street; and
WHEREAS, in addition to the Courthouse renovation the County also intends to
reconfigure the existing County Courthouse parking lot along "A" and 2nd Streets; and
WHEREAS, the County desires to provide street improvements along Martin Luther King
Boulevard, First Street, and a portion of A Street which will enhance the Courthouse campus
and result in the extension of the City downtown streetscape theme for the entire block
surrounding the Courthouse; and
WHEREAS, the City Council has been asked to consider entering an agreement with the
County, attached hereto and incorporated herein by this reference, wherein the City would
compensate the County for a portion of the cost of street improvements and provide minor
design and inspection assistance for the construction thereof; and
WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to
authorize the street improvements that will provide direct benefits to the community, including
the use and enjoyment of the area by the general public, by participating in the streetscape
improvements with the County, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to execute the attached Interlocal
Agreement with Yakima County that describes the terms and conditions of the City's agreement
to participate with the County in the streetscape improvements surrounding the Yakima County
Courthouse campus.
ADOPTED BY THE CITY COUNCIL this 17 day of May, 2011.
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Micah Cawl , Mayor
ATTEST:
City Cler
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CITY OF YAKIMA AND YAKIMA COUNTY INTERLOCAL AGREEMENT
FOR STREET IMPROVEMENTS
THIS AGREEMENT is entered into between Yakima County,
Washington (hereinafter "County ") through its Public Services
Department, whose address is 128 North 2 Street, 4 t11 Floor
Courthouse, Yakima, Washington, 98901, and the City of Yakima
(hereinafter "City "), whose address is 129 North 2 Street, Yakima,
Washington 98901, pursuant to RCW 39.34.
WHEREAS, the County owns five parcels of property comprising
the courthouse campus located between First and Second Street, and
Martin Luther King Boulevard and A Street in the City with
Assessor's parcel numbers 191319- 22439,22440,22484,22443,and 22444;
and,
WHEREAS, the County and City entered an Interlocal Agreement
on September 29, 2009 providing for the construction of street
improvements along 2 and A Streets, including cement concrete
sidewalks, trees, pedestrian lighting and irrigation that matches
the City's streetscape theme for the downtown area; and,
WHEREAS, the County is undertaking a construction project
known as the County Courthouse Envelope Renovation which will
impact the existing sidewalk and street improvements along Martin
Luther King Boulevard and First Street; and
WHEREAS, the County also intends to reconfigure the existing
County Courthouse parking lot along A and Second Streets; and
WHEREAS, the County desires to provide street improvements
along Martin Luther King Boulevard, First Street, and part of A
Street which will enhance the courthouse campus and result in the
extension of the City streetscape theme for the downtown area
around the entire block; and
WHEREAS, the Yakima City Council approved the City's
participation in the street improvements at its meeting on
, 2011; and
WHEREAS, the City would compensate the County for the cost of
street improvements and provide minor design and inspection
assistance; and
WHEREAS, the street improvements will provide direct benefits
to the community including the use and enjoyment of the area by the
general public;
NOW, THEREFORE, it is hereby agreed as follows:
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1. Purpose. The purpose of this Agreement is to define the scope
of services contracted between the City and the County, set forth
the compensation paid for such services and enumerate other related
provisions that contribute to the mutual benefit of the parties to
this Agreement.
2. Duration of Agreement. This Agreement shall become effective
on the date of execution by the City and the County and shall
continue for a term of seven years unless terminated by either
party in accordance with Section 11 of this Agreement.
3. Obligations of the Parties.
A. The County will:
1) design plans and administer construction contract that
will provide street improvements for the Courthouse along Martin
Luther King Boulevard, First Street, and A Street including cement
concrete sidewalk, trees, pedestrian lighting and irrigation that
matches the City's streetscape theme for the downtown area; and
2) provide surveying, material testing and inspection
services for the construction project.
3) loan the City up to $268,000 at no interest, for the
City's share of the costs for construction and inspection of the
Courthouse Sidewalk Improvement Project Et. al. as bid by the
County. (approximately 590 1.f. @ $454.00/1.f.)
4) Provide the City a monthly statement of progress
payments made to the Contractor for the City's portion of the
project.
B. The City will:
1) reimburse the County for the loaned amount in five
equal annual installments. The first installment shall be payable
on or before April 30, 2013, the second installment shall be
payable on or before April 30, 2014, the third installment shall be
payable on or before April 30, 2015, the fourth installment shall
be payable on or before April 30, 2016 and the fifth installment
shall be payable on or before April 30, 2017. The City Council has
approved, and provided authority to the City Manager to execute,
this Agreement for an amount of City participation up to the loan
amount of $268,000. If, after a bid is accepted by the parties
hereto and the project is completed, the City's portion of
construction and inspection costs exceed the loaned amount of
$268,000 by an amount up to but not to exceed ten percent(10 %)of
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the original $268,000 loaned value, the City agrees to repay that
amount as well, with that excess amount being subject to the same
loan terms and repayment conditions as applied to the original
$268,000 loan value described herein; and
2) provide minor design and inspection assistance in
the development of the street improvements.
4. Administration. This Agreement shall be administered by the
County's Public Services Director and the City's Engineer.
5. No Third Party Rights. This Agreement is entered into for
the sole benefit of the City and the County. It shall confer no
benefits or rights, direct or indirect, on any third parties. No
person or entity other than the City and the County may rely upon
or enforce any provision of this Agreement.
6. Indemnification and Hold Harmless.
A. Each party hereto agrees to be responsible and assume
liability in the performance of this Agreement for its own wrongful
and /or negligent acts or omissions and those of its officers,
agents, or employees to the fullest extent allowed by law.
B. No party shall be required to indemnify, defend or save
harmless the other party if the claim, suit or action for injuries,
death or damages is caused by the sole negligence of the other
party. For such claims, suits or actions resulting from concurrent
negligence of the parties the indemnity provisions provided herein
shall be valid and enforceable only to the extent of the party's
own negligence. Each of the parties agrees that its obligations
under this sub - paragraph extends to any harm, demand and /or cause
of action brought by, on behalf of, any of its employees or agents.
For this purpose, each party, by mutual negotiation, hereby waives,
with respect to the other party only, any immunity that would
otherwise be available against such claims under the industrial
insurance provisions of Title 51 RCW, only to the extent necessary
to indemnify the other party.
C. The provisions of this Section shall survive the
termination or expiration of this Agreement.
D. Nothing contained in this Section or this Agreement shall
create a liability or a right of indemnification in any third
party.
7. Interaction. This Agreement contains all of the terms and
conditions agreed on by the parties. No other understandings, oral
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or otherwise, regarding the subject matter of this Agreement, are
deemed to exist or to bind either of the parties.
8. Modifications. The parties may modify this Agreement but no
proposed changes or modifications shall have validity or become
:binding on either party unless such changes or modifications are in
writing and executed by both parties.
9. Severability.
A) If a court of competent jurisdiction holds any party,
term or provision of this Agreement illegal, or invalid in whole or
in part, the validity of the remaining provisions shall not be
affected, and the parties' rights and obligations shall be
construed and enforced as if the Agreement did not contain the
particular provision held invalid.
B) If any provision of this Agreement is in direct conflict
with any statutory provision of the State of Washington, that
provision which may conflict shall be deemed inoperative and null
and void insofar as it may conflict, and shall be deemed modified
to conform to such statutory provision.
10. Waiver. The waiver by either party of any term or condition
of this Agreement shall not operate in any way as a waiver of any
other condition, obligation or term or prevent either party from
enforcing such provision.
11. Termination. The parties may terminate this Agreement, with
or without cause, by written notice from either party to the other
party thirty (30) days in advance of the termination. In the event
of termination, the amount of compensation shall be for services
rendered through the termination date.
12. Survival. Any provision of this Agreement which imposes an
obligation after expiration or termination of this Agreement shall
survive the expiration or termination and shall bind the parties.
13. Notices. Unless otherwise stated herein, all notices and
demands are required in written form and sent to the parties at
their addresses as follows:
TO: CITY 0 YAKIMA
City Manager
City of Yakima
129 North Second Street
Yakima, WA 98901
TO: YAKIMA COUNTY
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Vern M. Redifer, PE
Public Services Director
128 N . - 2 1 1 d Street
Yakima, WA 98901
14. Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington.
15. Compliance with Law. All parties to this Agreement shall
comply with all applicable federal, state and local laws, rules and
regulations in carrying out the terms and conditions of this
Agreement.
16. Filing. Copies of this Agreement shall be filed with the
Yakima County Auditor, pursuant to RCW 39.34.040, and with the City
Clerk of Yakima.
CITY OF YAKIMA BOARD OF YAKIMA COUNTY
COMMISSIONERS
/
R.A. City Manager / _��- -•
in :ouchey, Chairman
Date Signed / ,et
P i Mq ,�� J. /Rand Elliott, Commissioner
ATTEST. i . (� - =11�
_ __; Michael D. Leita, Commissioner
Deborah Kloster Constituting the Board of County Commissioners •
for Yakima County, Washington
City Contract No.: / /
o?D ,S/
Resolution No.: /e Q — o? 0�� g'v?
Date Signe
APPROV TO FORM:
AAVAit
rry -ustin, Chief Civil Deputy
Of Y. :k' a County, Washington
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olilltmo
� 03;'x fie � = At est : J.riera L. Girard
__ :o= Clerk of the Board
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;moo'• •���� Mandy Burkett BOCC 345 -2011
'i, • • • • •,d'� -,\`� Deputy Clerk of the Board June 14,2011 * // 'oiri linos
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YAKIMA COUNTY SIDEWALK ESTIMATE
4/13/2011
Approx. Total Item
Item No. Description Quantity I Unit I Unit Price I Amount
PREPARATION
1 MOBILIZATION 1 L.S. 15,000 15,000
2 CLEARING AND GRUBBING 1 L.S. 10,000 10,000
3 REMOVING BITUMINOUS PAVEMENT 50 S.Y. 10 500
4 REMOVING CEMENT CONC. SIDEWALK 1,300 S.Y. 20 26,000
5 REMOVING CEMENT CONC. CURB 250 L.F. 6 1,500
•
SURFACING
6 CRUSHED SURFACING TOP COURSE 150 I TON I 30 I 4,500
HOT MIX ASPHALT
7 HMA CL 1/2 IN. PG 64 - 28 10 I TON I 300 I 3,000
IRRIGATION AND WATER DISTRIBUTION
8 IRRIGATION SYSTEM 1 I L.S. I 15,000 I 15,000
EROSION CONTROL AND PLANTING
9 PSIPE SCARLET SENTINEL MAPLE 10 EACH 500 5,000
10 PSIPE CHANTICLEER FLOWERING PEAR 10 EACH 500 5,000
11 TREE GRATE 20 EACH 2,000 40,000
12 PRECAST CONCRETE PLANTER 48 IN. DIAM. 8 EACH 1,500 12,000
13 TRASH RECEPTACLE 3 EACH 1,200 4,000
14 ROOT BARRIER 300 L.F. 10 3,000
TRAFFIC
15 EXTRUDED CURB 250 L.F. 25 6,500
16 PERMANENT SIGNING 1 L.S. 3,000 3,000
17 PEDESTRIAN LIGHTING SYSTEM 1 L.S. 90,000 90,000
18 TREE LIGHTING SYSTEM 1 L.S. 27,000 27,000
19 PROJECT TEMPORARY TRAFFIC CONTROL 1 L.S. 25,000 25,000
OTHER ITEMS
20 CEMENT CONC. SIDEWALK 1,350 S.Y. 35 47,000
21 CEMENT CONC. SIDEWALK RAMP 4 EACH 1,000 4,000 I
22 CEMENT CONC. DRIVEWAY ENTRANCE 300 S.Y. 45 14,000
23 SIGNPOST SOCKET 20 EACH 100 2,000
24 CONCRETE UNIT PAVERS 125 S.F. 80 10,000
25 MINOR CHANGES EST. F.A. 15,000 15,000
26 BID CONTINGENCY AT 10% Est. Est 38,800 38,800
ESTIMATE AMOUNT 5426,800
Total County City Share
Street Segment Length Share y
Martin Luther King Blvd. 350 350 0
1st Street 430 0 430
A Street 160 0 160
Total Length 940 350 590
Percentages 100% 37% 63%
Total Cost Share $426,800 $158,915 $267,885
• BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT I �
Item No.
For Meeting of June 7, 2011
ITEM TITLE: Consideration of a Resolution authorizing the City Manager to execute an
Interlocal Agreement with Yakima County for streetscape improvements
SUBMITTED BY: Joan Davenport, Acting Community and Economic Development Director
Chris Waarvick, Public Works Director
Doug Mayo, PE, City Engineer
CONTACT PERSON/TELEPHONE: Doug Mayo, PE, City Engineer (576 -6678)
SUMMARY EXPLANATION:
Yakima County Public Services Director Vern Redifer presented the Council Intergovernmental
Committee with information about the pending remodel of the Yakima County Courthouse.
Included in the County project is a need to rebuild the sidewalk along Martin Luther King, Jr.,
Blvd. Yakima County suggested that although it is not necessary for the building remodel, the
City may want to financially participate in the improvement of sidewalks, pedestrian lighting and
streetscape features along two frontages: East "A" Street near First Street and North First
Street between "A" Street and Martin Luther King, Jr., Blvd. (160 linear feet total). The estimate
for this portion of improvements is $267,885.
Discussions in the Council Economic Development Committee lead to consideration of options
proposing to fund this portion of the project from REET funds. This includes starting the
payback in 2013 and carrying a five -year payback with zero interest. Annual payments would
be approximately $53,600. The Intergovernmental Committee endorsed the recommendation
of the Economic Development Committee to move this item to the full Council.
Resolution X Ordinance Contract Other (Specify)
Funding Source HOME
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Approve attached Resolution
BOARD /COMMISSION RECOMMENDATION: Council Economic Development and
Intergovernmental Committees recommend participation in the streetscape improvement as
described in the Morals /Davenport memo dated May 3, 2011.
COUNCIL ACTION:
III
11 IEMORAND UM
TO: Honorable Mayor Cawley and Members of the City Council
Dick Zais, City Manager
FROM: Michael Morales, Acting Assistant City Manager
Joan Davenport, Acting Director of Community & Economic Dev.
DATE: May 3, 2011
SUBJ: Recommendation from City Council Economic Development Committee
and Intergovernmental Committee regarding Yakima County Request to
Participate in Streetscape Improvement
In February of 2011, Yakima County Public Services Director Vern Redifer presented
the City Intergovernmental Committee with an information item that the County will soon
begin a major remodel of the Courthouse to include various security, energy and safety
components.
Included in this County project is the need to rebuild the sidewalk along Martin Luther
King Jr. Boulevard. The County requested consideration by the City
participation in the improvement of the adjacent sidewalk located on North 1 Street. possible
Although not necessary for the Courthouse remodel project, the County suggested that
this may be a good time to improve the North 1st Street sidewalk.
The cost estimate for the City contribution to improve the sidewalk and related
streetscape features (such as street lighting, trees, etc) on North 1s Street between "A"
Street and MLK Jr. Blvd; and approximately 160 linear feet of "A" Street is estimated at
$267,885.
This project was presented to the City Economic Development Committee on April 12,
2011 including a.financial memorandum and background data on REET1, REET2 and
Gas Tax Revenues (see attached) to consider potential funding options. The Economic
Development Committee recommended the City support the project, and negotiate a
five -year payback process. City Manager Zais was directed to present this
recommendation to the Intergovernmental Committee to work out details.
On April 12, 2011 the City Intergovernmental Committee reviewed the recommendation
of fhe Economic Development Committee. The recommendation included a 5 -year
repayment option of the $267,885, beginning in 2013 with zero interest. The City
contribution is expected to come from REET funds and will be a continuation of the
repayment project the City is currently paying for the North 2 Street sidewalk project.
Annual payments will be approximately $53,600.
The City Intergovernmental Committee endorsed the recommendation and additional
details of this project and moved to forward this proposal to the full City Council.
•
Yakima City Council and' Yakima'Cqunty Comr iissioners
Intergovernmental Committee Meeting
Tuesday, April 12, 2011
Yakima City Council present: Chair Rick Ensey, Kathy Coffey, Dave Ettl
County Commissioners present: Mike Leita
City staff: Dick Zais, Michael Morales, Jeff Cutter, Joan Davenport, Scott Schafer
County staff: Terry Austin, Vern Redifer, Steven Erickson, Terry Keenhan
Update on Ahtanum & Wide Hollow Comprehensive Flood Hazard Management Plan (CFHMP)
Process: Terry Keenhan explained that the CFHMP is a concern to the city because of
expansion into floodplain areas. The Wide Hollow plan is currently under review. He expects to
see the Ahtanum plan in about six months. He reported some of the details and potential
solutions included in the plan, including the potential to re -route streams. He expects a 90 -day
appeal process to begin at the end of April for the Wide Hollow plan. The timeline following the
appeal is for communities to adopt the plan within six months with the plan becoming final
twelve months after adoption. Keenhan noted that the Flood Control District's role is to look for
project funding. He pointed out several new "tools" in the plan that will help with a variety of
planning issues. The City Council will be asked to adopt the plan sometime within the next
several months.
Interlocal Agreement: Commissioner Leita reminded that there are just a couple of issues to be
resolved to complete the ILA. Dick Zais said city and county staffs need a little more time with it
and then will put it back in the hands of the Committee.
County Streetscape: Zais reported that the solution forwarded from the Council Economic
Development Committee for consideration by the Intergovernmental Committee was to
participate in the project with a five year, zero interest loan with payback beginning in 2013.
Zais said he had spoken to Leita earlier and Leita thought it would work but he needs to confirm
with the BOCC. Councilmember Coffey asked about plans for a new loading zone and if the
City would be compensated for the parking spaces. Vern Redifer said the plan does not include
additional spaces; just moving the existing MLK loading zone farther east. Also, the latest
estimate from the County would charge the City an additional $27,000 for the parking to be
gained on North First Street. The current estimate for the City is $267,900 and $159,000 for the
County. The term will be five years at zero interest with a payback beginning in 2013. The
Councilmembers moved to forward the project to the full Council with a recommendation to
approve.
East — West Connector / 1 -82 Access: Redifer reported that staff met with DOT 'and has come
up with what he regards as achievable alternatives. The next step will be for the engineers and
planners to create a preferred alternative for discussion with the Federal Highway
Administration (FHWA). He estimates the plan will be ready to go to FHWA by the end of the
year. He complimented Don Whitehouse and his staff at DOT on their work.
Interlocal Agreement on Stormwater: Yakima County proposed an extension of the stormwater
ILA that is set to . expire in February 2012. The extension will be in place until the stormwater
permit is issued, at which time a new ILA will be drafted. The stormwater permit process has
been delayed for at least six months. The matter will go to the full Council on April 19.
0 4 -Party Agreement: . Jeff reported that all willing parties have executed the 4 -Party Tolling
Agreement. A meeting will be organized within the next few weeks to initiate the process of
updating the 4 -Party Agreement.
Discussion regarding Intergovernmental Committee Sub - committees: Leita led a discussion
regarding the potential formation of sub - committees to consider some of the items on the IG
Committee work program, including DIDs, airport issues, the East — West Corridor, the 4 -Party
Agreement and possibly other matters. Work on the ILA on GMA would stay with the main
Committee. He suggested that the IG Committee would oversee the sub - committees to which
Al
other electeds and staff could be assigned. Councilmembers will discuss the proposal with the
full Council on April 19. Leita would like to discuss the candidates for the sub - committees at the
April 26 IG meeting. He anticipates that work on the ILA on GMA will be complete by the end of
2011, and the Committee could then focus on incentive corridors, infrastructure, economic
development and so on.
The next meeting of the Intergovernmental Committee will be April 26. •
Approved by: ,
Rick Ensey, Chair Date
•
A.
•
Yakima City Council Committee Meeting Minutes 411)
Council Economic Develo ment Committee
p C
Wednesday, April 6, 2011
2:30 p.m.
Council Members Maureen Adkison, David Edler, Bill Lover
Staff: Dick Zais, Michael Morales, Chris Waarvick, Joan Davenport, Greg Copeland,
Cynthia Martinez, Cindy Epperson, Tara Lewis, Scott Schafer, David Schneider, Max
Linden, Pete Hobbs, Maria Mayhue,
Guests: Rich Austin, Luz Gutierrez, Jamie Stickel, Jamie Lee Stickel -
Hot Shots request for approval of small banner replacement: The banner design has
not been completed. Rich Austin will report back to the Committee when the
design is ready.
Request for License Agreement — Smoke Out Choke Out: Joan Davenport reported
that the organizers of the Smoke Out Choke. Out event have requested a license
agreement. The Committee gave approval to take the agreement to the full
Council when it is complete.
WWTP Industrial Waste Bio- Reactor: Scott Schafer and David Schneider explained
their research regarding the potential installation of a bio- reactor at the WWTP. The
new process would allow more efficient treatment of food waste and other industrial
waste; increasing capacity at the plant and reducing energy requirements and costs.
Extension of an industrial waste line is also expected to attract business. The estimated
timeline for the project would extend the line in phases and install the reactor in 2013.
Restoring capacity in this manner would allow the plant to defer more expensive and
less efficient expansion projects. The Committee took no action but is looking forward
to progress updates.
Automated Parking Infraction System: Chris Waarvick reported on an opportunity to
replace the city's parking infraction management system with a new, more efficient
digital management system. Cost to replace the system is estimated at $15,000,
including $5,000 in one time expenses and approximately $10,000 in annual costs. The
Finance Department reported that the Parking Fund has sufficient resources to cover
the initial cost. Waarvick suggested raising the parking fees perhaps even on a
temporary basis could help cover the cost of the upgrade. Lover expressed a concern
that high fees could keep people away from the downtown. Jamie Stickel of the
Committee for Downtown Yakima (CDY) said the goal is not to raise revenue by writing
tickets but to encourage turn over. Councilmember Edler moved to forward both a
sole source procurement action and an increase of the fee for parking citations
(to $25.00) to the full Council. The motion was unanimously approved.
On Street Parking Citation Authority: The concept was brought to the Committee to
discuss a memo from .Senior Assistant City Attorney Cynthia Martinez regarding
privatization of on- street parking enforcement in the downtown area. Waarvick said the
0 matter has . gone through significant discussion at CDY and . with the Parking
Commission but is not yet ready for action by the Council. Stickel said turn over and 1
availability of parking in the downtown area is crucial to the success of the downtown
revitalization. Martinez characterized the privatization as a gray area since the RCW is
silent on the matter. She said she imagines the privatization would be very limited in
scope, such as contracting out the ticketing for "over the time limit" parking.
Councilmember Edler said he asked for the matter to come to this Committee because
of a request from CDY and he agreed it seems to be related to economic development.
Waarvick said the next step would be to use the data to create a plan. Councilmember
Adkison asked to have the plan come back to the Committee when it is ready for
review.
Capital funding options for County sidewalks: Dick Zais reviewed a memorandum and
REET 1, REET 2 and gas tax spreadsheets in regard to funding options for the _
proposed Courthouse block sidewalk project. The Committee supported the project and
recommended that a plan be negotiated for a five -year payback starting in 2013. Zais
will work through the details with the Intergovernmental Committee.
Mill District update: Michael Morales reported that seven firms were invited to submit a
statement of qualifications for infrastructure design. A pre - submittal conference was
held at the end of March. -4
• The next meeting of the Council Economic Development Committee will be Wednesday,
May 4, 2011.
Maureen Adkison, Chair Date
•
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