HomeMy WebLinkAbout03/07/1995 Business Meeting 136
CITY OF YAKIMA, WASHINGTON
MARCH 7, 1995
BUSINESS MEETING
1. ROLL CALL
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The City Council met in session on this date at 2:00 p.m.,
in the Council Chambers of City Hall, Mayor Pat Berndt,
presiding,, Council Members Clarence Barnett, Henry
Beauchamp, Ernie Berger, Bill Brado, Lynn Buchanan, and
Bernard Sims present on roll call. City Manager Zais, City
Attorney Paolella, and City Clerk Roberts also present.
2. INVOCATION /PLEDGE OF ALLEGIANCE
The Invocation was given by Council Member Beauchamp.
3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER
Glenn Valenzuela, Director of Community and Economic
Development, announced that the March 21, 1995 public meeting
on the appeal of the Hearing Examiner's decision regarding
Washington Middle School will be held at 2:00 p.m. at the
Masonic Center, 510 North Naches Avenue, rather than the
Council Chambers.
It was MOVED BY SIMS, SECONDED BY BEAUCHAMP, TO
REAPPOINT JEAN ALLEN TO THE HOUSING AUTHORITY BOARD
FOR ANOTHER 5 - YEAR TERM. The motion carried by unanimous
voice vote. It was MOVED BY SIMS, SECONDED BY
BUCHANAN, TO REAPPOINT TIM PETERSON AND APPOINT TROY
EMMONS TO THE YAKIMA CENTER ADVISORY BOARD. The
motion carried by unanimous voice vote. It was MOVED BY
BERGER, SECONDED BY BUCHANAN, TO APPOINT, CONTINGENT
UPON RESIDENCY REQUIREMENTS, ELLIOT ABRAMOVITCH,
RICARDO BARRIENTES, DANIEL ENRIQUEZ, MARC LECUYER,
LARRY MATHEWS, AND PHIL PLEASANT, TO THE CABLE
ADVISORY COMMITTEE. The motion carried by unanimous voice
vote. It was MOVED BY BEAUCHAMP, SECONDED BY SIMS, TO
APPOINT BETTY GAUDETTE AND DAVID JONES TO THE
COMMUNITY DEVELOPMENT ADVISORY COMMITTEE. The motion
carried by unanimous voice vote.
A. PROCLAMATIONS (IF APPLICABLE)
Assistant Mayor Barnett read a proclamation declaring
March 12, 1995 as Chocolate Fantasy Day. He urged citizens
to enjoy the event at the Holiday Inn.
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MARCH 7, 1995
4. CONSENT AGENDA
Mayor Berndt referred to the items placed on the Consent
Agenda, questioning whether there were any additions or
deletions from either Council members or citizens present.
I/ It was the general consensus of the Council to add an off -
agenda item, No. 21A, to the Consent Agenda. The City Clerk
then read the Consent Agenda items, including resolutions
and ordinances by title. It was MOVED BY BEAUCHAMP,
SECONDED BY SIMS, THAT THE CONSENT AGENDA, AS
AMENDED, BE ADOPTED. The motion carried by unanimous
roll call vote. (Subsequent paragraphs preceded by an
asterisk ( *) indicate items on the Consent Agenda handled
under one motion without further discussion.)
*5. APPROVAL OF THE MINUTES OF THE DECEMBER 6, 1994 AND
FEBRUARY 7 AND 14, 1995 BUSINESS MEETINGS
The minutes of the December 6, 1994 and February 7 and 14,
1995 Business meetings, were approved, having been duly
certified accurate by two Council members and no one present
wishing to have said minutes read publicly.
6. SPECIAL PRESENTATION BY DOROTHY ROSE REGARDING FLUORIDE
Ms. Rose did not appear at the Council meeting.
7. PUBLIC MEETING ON THE VILLA MESSINA FINAL PLAT
(SEE RESOLUTION APPROVING PLAT)
This being the time set for the public meeting, Bruce Benson,
Associate Planner, reported the applicant, Robert J.
Harrison, has requested final plat approval for the 12 -lot
subdivision located in the vicinity of North 37th Avenue.
The Planning Division has reviewed the final plat and finds
it to be in substantial conformance with the terms and
conditions of the preliminary plat. Staff recommends
approval and urged Council to adopt the resolution
authorizing the Mayor to sign the final plat.
Council Member Beauchamp asked what the storm drainage plan
is for this site. Mr. Benson explained this issue will be
dealt with on site and will utilize an infiltration trench.
Don Skone, Planning Division Manager, explained that storm
I/ water drainage is included in the building permit review
process. The storm water will not be allowed to drain onto
the public street.
Mayor Berndt indicated that since she was not present during
the preliminary plat approval, she will not vote on this
issue.
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MARCH 7, 1995
At this time, Mayor Berndt opened the public meeting and
asked if anyone wished to comment. There being no one, she
closed the public meeting.
Resolution No. R -95 -34 having been read by title, it was
MOVED BY SIMS, SECONDED BY BUCHANAN, TO ADOPT THE
RESOLUTION. The motion carried by 6 -0 vote; Berndt
abstaining.
RESOLUTION NO. R 95 - 34, A RESOLUTION approving, subject
to several conditions, the final plat of Villa Messina;
creating a new twelve lot subdivision between North 37th and
North 34th Avenues and between Englewood Avenue and Fairbanks
Avenue, and authorizing the Mayor to sign the final plat for
Villa Messina.
8. AUDIENCE PARTICIPATION
None
9. REPORT FROM TRAFFIC AND ENGINEERING REGARDING SCENIC DRIVE
TRAFFIC CHANGES /MITIGATION
Shelley Willson, Supervising Traffic Engineer, directed
Council's attention to the staff involvement over the past
two years in response to requests from residents to control
speeding vehicles in the Scenic Drive area. Although Council
had made speed limit reductions, residents indicate a return
of speeding vehicles. Since calming devices were requested
for Scenic Drive, staff from both the City of Yakima and
Yakima County met to review calming devices in general.
Referencing a drawing of the Watts Speed Hump, Ms. Willson
explained this calming device would be particularly suitable
for Scenic Drive because there is no curb or gutter on this
street. The City of Portland has extensively researched this
device and are using speed humps on roadways without curb and
gutters. The results of the data show they have been very
effective at maintaining lower speeds on residential streets,
reducing speed from 3 to 11 mph and it also helps maintain
customary speed closer to the posted speed limit. There are
different types of speed humps used for higher speed limits.
Ms. Willson estimated the cost to be approximately $8,000 per
speed hump.
There was a considerable amount of discussion concerning
monitoring the traffic to indicate who the speeders are.
Council also discussed whether to implement the pilot project
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now or to continue to work with Yakima County staff to
coordinate data collection and to develop joint jurisdiction
guidelines for implementation at a later date.
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MARCH 7, 1995
Ms. Willson also clarified the differences in City street and
County road designations and the was a brief discussion
about possible funding sources.
Discussion continued about traffic calming device
I/ implementation, the need to determine its effectiveness and
the importance of encouraging and listening to input from
both local citizen groups and experts from the
Portland /Vancouver area.
Mayor Berndt invited any residents who wished to comment.
Jennifer Rennie reported there are still a few who are
speeding. The safety of pedestrians and bicyclists is
important and she urged construction of the speed humps.
John Rennie categorized the problem as a quality of life
issue. The traffic has doubled within the last three years,
and the fast drivers take shortcuts through Scenic Drive.
Although the 20 mph speed limit has helped somewhat, he urged
Council to support the staff recommendation. He also
suggested changing traffic patterns as a way to address this
problem.
Dr. Ross Katz pointed out that during the meeting with County
Commissioner Lewis, the Pecks Canyon area, not Scenic Drive,
was primarily discussed. .... ,dangerous situation has been
created by those who exceed the speed limit. Since traffic
enforcement is not practical, the staff's suggestion to
install speed humps will make people slow down. The purpose
is not to divert traffic, but to maintain a safe environment
for everyone who uses the roadway.
It was MOVED BY SIMS, SECONDED BY BUCHANAN, TO
AUTHORIZE AND IMPLEMENT THE PILOT TRAFFIC CALMING
PROJECT ON SCENIC DRIVE. THE NEIGHBORS WHO
PARTICIPATE IN THIS PROCESS WILL CONTRIBUTE UP TO
25 %, WHICH WOULD BE ABOUT $2,000. IT WILL .BE
UNDERSTOOD THAT AFTER SIX MONTHS, IF THIS HAS NOT
ACHIEVED THE GOAL, NO STANDARDS WOULD BE SET WITH
REGARD TO SPEED HUMPS IN YAKIMA. IF IN FACT, THEY
ARE EFFECTIVE, THAT WE LOOK AT IMPLEMENTING IN THE
1996 BUDGET SOME KIND OF ADDITIONAL BUDGETING FOR
OTHER PLACEMENTS WITHIN YAKIMA AND USE THE STANDARDS
THAT WERE SET FROM THIS EXPERIMENT. Mayor Berndt
interpreted the motion to mean the pilot program will be
implemented with the neighbors contributing up to 25 %; after
six months it will be evaluated and if it is unsuccessful no
standards would be set; if it is successful then policies
would be developed and it would be included in the 1996
budget.
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MARCH 7, 1995
Council Member Berger expressed concern about the lack of
funding in the budget sufficient to provide for installation
of the speed humps as indicated in the staff report.
Discussion began about implementation of the pilot project
and what timeframe would be needed to determine its
effectiveness. Starting the project to coincide with the
April 1st asphalt plant operation startup was also discussed.
Ms. Willson explained 12 months should be an adequate amount
of time to determine how the speed humps would react to the
snow season (plowing snow over them). Council Member Sims
changed the motion to include a 12 month period for
the pilot project, instead of six months. Mayor Berndt
requested an understanding that no more speed hump pilot
projects would be considered until it is determined
successful and that adequate funding is available. Council
Member Buchanan specified that future requests will only be
considered if they include the same kind of neighborhood
request, commitment, and financial support.
Council Member Sims stated that at least 70% of those who
live on the street and those who live adjacent who use it for
access, should approve the neighborhood contribution funding
concept before it is considered. There was discussion
concerning the large amount of citizens in the neighborhood
who approved the contribution concept.
Mayor Berndt requested staff to expand the study area to
include the Scenic Crossing Annexation area at 66th Avenue
for incidence of high speed and increased traffic.
Discussion began about the reluctance to move ahead without
working with Yakima County on this particular issue. It was
suggested that another meeting be scheduled with the
neighbors to determine a practical solution, but there was
overwhelming objection by the neighbors, who thought it would
be unnecessary.
Council Member Brado again conveyed his idea that the free
• expertise from outside the area be utilized on this project.
The issue of funding the project was discussed and there was
a suggestion to make the project an LID. City Manager Zais
referenced the memorandum that reexamined the budget, which
explained that with some limited participation with just this
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project, an adjustment could be made in the current budget.
This would involve a minor service reduction impact to absorb
this cost in the budget, but if a bigger project was
established, a different funding source would be needed. He
also explained it would be more expensive to set it up,
administer and collect than it would be to establish a larger
LID for a larger purpose.
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MARCH 7, 1995 1 4 1
City Manager Zais also "suggested a "'"deferment of action on the
motion for 30 days. This would enable a meeting to take
place so the additional expertise could be reviewed in time
for the opening of the asphalt plant.
I/ Council Members Sims, Barnett and Beauchamp stressed the
importance of making sure the neighbors understood the
process would include a 25% contribution on their part toward
pilot project implementation. It is also necessary that the
County be included in further study and discussion of this
issue.
Jennifer Rennie felt the neighbors fully understand and
unanimously agree to financially commit to this project.
Their main concern is the safety of children and
bicyclists /pedestrians in the area where motorists are going
50 mph in an area that should be 20 to 25 mph. She supported
the expertise of the City staff; they have done a lot of
research and have spoken with experts from other cities.
Discussion .continued among Council members as to what
direction to take to address this issue.
Richard Sprawl urged Council approve the implementation of
the pilot project. If it is successful, fine; if not, take
the speed humps out.
Dr. Katz described the difficulty in getting all the
neighbors together to'meet for a second time. Since the
matter was discussed at length during the first meeting, and
the County was apprised of the situation, a second meeting is
not necessary.
Council Member Barnett again stressed the importance of
holding the meeting with City and County staffs to make sure
everyone is on the same wave length. Perhaps the outside
expert could attend also.
Dave Hussell, Street and Traffic Operations Manager,
described staff's plans to implement the pilot project if
Council were to approve it. The speed humps would not be
installed until mid -April because they expect the process to
coincide with the opening of the asphalt plant. Since this
1/ type of traffic . calming device has been implemented and
proven successful in the Portland area, it would be
beneficial for City staff from the Traffic Division to travel
to that area and talk to the people who actually put in their
speed humps. That trip would take place in March or April,
thereby allowing plenty of time for continued dialogue with
the County Commissioners to develop their initial policy and
for County staff to coordinate the effort.
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MARCH 7, 1995
The issue of funding was discussed with concern expressed by
Council Member Barnett that diversion of funds from fixing
street potholes would occur.
There was continued discussion about whether to move forward
with this pilot project using funds from the Contingency
Fund.
Betty Gaudette reported that at the Northeast Neighborhood
meeting they were informed there was no money for restriping
the streets. If money is found in the budget for this pilot
project, she requested money be found for some of the other
requests also.
It was MOVED BY BEAUCHAMP, SECONDED BY BARNETT, TO
DEFER ACTION UNTIL APRIL 11, 1995 TO PROVIDE
OPPORTUNITY FOR THE STAFF FROM THE COUNTY AND THE
CITY TO MEET. The motion carried by a 4 -3 voice vote;
Berndt, Sims, and Buchanan voting nay.
*10. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF PURCHASE
AND SALE AGREEMENT FOR PORTION OF ELKS PARK
RESOLUTION NO. R 95 - 35, A RESOLUTION authorizing the
execution of a real estate Purchase and Sale Agreement with
William R. Ash for property located at Elks Park.
*11. CONSIDERATION OF RESOLUTION AUTHORIZING SALE OF PORTION OF
NOB HILL BOULEVARD PROPERTY TO HAHN BUSINESS FORMS
RESOLUTION NO. R 95 - 36, A RESOLUTION authorizing the
execution of a Real Estate Purchase and Sale Agreement with
Charles R. Hahn and Amber A. Hahn for property located in the
vicinity of South 34th Avenue and West Nob Hill Boulevard.
*12. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF RENTAL
AGREEMENT FOR THE RANDALL PARK RESIDENCE
RESOLUTION NO. R 95 - 37, A RESOLUTION authorizing, and
directing the City Manager and City Clerk of the City of
Yakima to execute a Residential Rental Agreement with
Gary T. Hardiman.
*13. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF
AGREEMENT WITH AJ CONSULTANTS FOR EMPLOYEE ASSISTANCE PROGRAM
RESOLUTION NO. R 95 - 38, A RESOLUTION authorizing the
City Manager and City Clerk of the City of Yakima to execute
a Consultant Services Agreement between the City of Yakima
and AJ Consultants, Inc.
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MARCH 7, 1995
*14. CONSIDERATION OF RESOLUTION SETTING DATE OF PUBLIC MEETING
FOR APRIL 11, 1995 ON THE `1995 IRRIGATION MAINTENANCE
ASSESSMENT ROLL
RESOLUTION NO. R- 95 -39, A RESOLUTION setting a date
I/ for hearing on the confirmation of the irrigation maintenance
assessment roll for the year 1995.
*15. NOTICE OF INTENT TO ANNEX SCENIC CROSSING (STANDARD MOTIONS
A & B)
March 7, 1995 was set as the time of a meeting with the
initiating parties who have signed a Notice of Intent to
Commence Annexation Proceedings, the initiating parties being
Triplet Enterprises, Inc. The annexation proposed by the
above party was accepted by the City of Yakima, and the area
to be annexed was required to assume its share of the City's
existing indebtedness, and staff was directed to file a
Notice of Intent to Annex with the Yakima County Boundary
Review Board.
*16. ACCEPT BUDGET REPORT FOR JANUARY 1995
The January 1995 Revenue and Expenditure Report (Budget) was
accepted.
17. CONSIDERATION OF ORDINANCE EXTENDING CURFEW /PARENTAL
RESPONSIBILITY ORDINANCE ON AN ON -GOING BASIS
Council Member Barnett asked if the parental responsibility
provisions of the ordinance exceed the police powers of the
City. He also questioned whether City officials would be
acting outside their authority by enacting or enforcing the
ordinance as it relates to the parental responsibility issue.
City Attorney Paolella explained all the legal aspects,
constitutional, statutory and otherwise, dealing with this
ordinance have been considered by Assistant City Attorney
West. It was noted in his memorandum that this area of the
law is not totally free from ambiguity or potentially
differing interpretations. However, the legal opinion is
that there is a good faith basis for adopting this ordinance.
He believes Mr. West's view in this Attorney /Client
memorandum was to point out the various arguments that could
' be made on both sides of the issue. Many of these arguments
have never been definitively resolved by the Supreme Court.
Council Member Barnett asked if all City officials, including
the Council members, are properly indemnified as it relates
to personal responsibility in case this is challenged.
Mr. Paolella explained there is an indemnification resolution
that deals with that issue. The City's view .. is there is a
good faith basis for proceeding in this fashion if Council
wishes to do so.
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MARCH 7, 1995
Jerry Henderson, 309 North 35th Avenue and President of
Westside Merchants Association, spoke in favor of extending
the Curfew /Parental Responsibility Ordinance on a permanent
basis. He reported the original passage of the ordinance has
had a positive economical effect on the businesses in the
entire downtown area. In the small area west of the railroad
tracks, there has been a significant reduction in glass
damage and vandalism. It has reduced insurance premiums.
Also, Mr. Henderson commended the leadership of the Yakima
Police Department for their problem solving methods using
educational programs which has been fair and effective.
Ordinance No. 95 -12 having been read by title, it was MOVED
BY BUCHANAN, SECONDED BY SIMS, TO PASS THE ORDINANCE.
The motion carried by unanimous roll call vote.
ORDINANCE NO. 95 - 12, AN ORDINANCE relating to public
safety and morals; prohibiting minors from remaining in any
public place; defining the duties of parents and guardians
charged with the custody or care of minors; providing
penalties for violations thereof; amending Sections 6.09.020
and 6.09.030, all of the City of Yakima Municipal Code.
18. CONSIDERATION OF ORDINANCE AMENDING THE URBAN AREA ZONING
ORDINANCE
In response to a question from Council Member Brado, Joan
Davenport, Supervising Planner, explained the only change to
Exhibit A of the ordinance was the striking out of some
language under Mining Refining and Offsite Hazardous Waste
Materials. This was a footnote change that was part of the
County's housekeeping Amendment No. 10. There were no
changes to the residential categories.
Ordinance No. 95 -13 having been read by title, it was MOVED
BY BUCHANAN, SECONDED BY BEAUCHAMP, TO PASS ""THE
ORDINANCE. The motion carried by unanimous roll call vote.
ORDINANCE NO. 95 - 13, AN ORDINANCE relating to land use
and zoning and amending the Urban Area Zoning Ordinance
(UAZO) and Yakima Municipal Code subsection 15.03.030(2);
subsection 15.03.030(3); section 15.04.030, Table 4 -1 at two
places; subsection 15.04.120(C); Chapter 15.05, TABLE 5 -1 at
the footnotes, section 15.10.020, and subsection
15.17.050(A).
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MARCH 7, 1995
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*19. CONSIDERATION OF ORDINANCE'AMENDING THE CLASSIFICATION AND
COMPENSATION PLAN FOR CERTAIN CITY EMPLOYEES, (PARALEGAL,
PRETREATMENT TECH, AND ASSISTANT CITY MANAGER)
ORDINANCE 95 -14, AN ORDINANCE relating to City personnel
I/ adopting a classification and compensation plan for City
• employees to be effective April 9, 1995; amending Subsections
2.20.100 A, 2.20.100 C, 2.20.110 D, 2.20.110 A, 2.20.110 B,
2.20.110 F, and 2.20.110 H, all of the City of Yakima
Municipal Code.
*20. SECOND READING OF ORDINANCE AMENDING THE 1995 BUDGET AND
APPROPRIATING FUNDS FOR ADDITIONAL POLICE OFFICERS AND
EQUIPMENT
An Ordinance amending the 1995 budget and appropriating funds
• for additional police officers and equipment, having been
read by title only at the previous meeting, was brought
before the Council for a second reading.
ORDINANCE NO. 95 - 15, AN ORDINANCE amending the 1995
budget for the City of Yakima; and making an appropriation of
$244,024 in the General Fund for expenditure during 1995 for
five additional Police Officers and related Police Department
equipment needs.
21. OTHER BUSINESS
Pertaining to Agenda 'I Mayor Berndt asked Council
Member Beauchamp if he objected to staff going to Portland to
study the issue prior to Council voting on the traffic
calming measures. He had Tab objection. Council Member Brado
asked if Council has any objection with the expert from
'Vancouver coming to Yakima and evaluating the area.. Council
Member Sims stated he had no objection as long as it is at
his own expense. Mayor Berndt stated she had no objection as
long as Council reserves the right for. -final opinion.
A. AMEND PUBLIC HEARING
An item was added to the March 1995 Transit public
hearing to also consider a modification of the current
Transit Fare resolution.
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B. EXECUTIVE SESSION
It was MOVED BY BUCHANAN, SECONDED BY SIMS, TO MOVE
INTO EXECUTIVE SESSION FOR APPROXIMATELY FIVE MINUTES
TO DISCUSS PROSPECTIVE LITIGATION, WITH IMMEDIATE
ADJOURNMENT THEREAFTER TO MARCH 14, .1995 AT 7:00 AM
AT THE YAKIMA' CENTER FOR INFORMAL DISCUSSION. The
motion carried by unanimous voice vote. •
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MARCH 7, 1995
Information Items:
Items of information provided to Council were: Memo from
Department of Labor and Industries regarding Revised
Prevailing Wage Rates. 2/1/95; 1995 Business Trends Report
from the Greater Yakima Chamber of Commerce; Memo from
Senior Project Planner regarding Yakima Urban Area
Comprehensive Plan: Monthly Status Report. 3/3/95;
Monthly Annexation Status Report for February 1995; Monthly
Office of Housing and Neighborhood Conservation Report for
February 1995; Assignments Pending in Office of
Environmental Planning as of March 7, 1995; Agenda for the
March 2, 1995 Yakima Valley RTPO TAC meeting and minutes of
its February 2, 1995 meeting; Minutes of the February 6,
1995 Yakima Youth Commission meeting; Announcement that
Radon Monitoring Program ends; and Article from March 1,
1995 Seattle Post- Intellicrencer regarding "Plan Ahead, or if
Told to, Plan Behind."
22. ADJOURNMENT TO MARCH 14, 1995 AT 7:00 AM AT THE YAKIMA
CENTER FOR INFORMAL DISCUSSION
Following the conclusion of the Executive Session the meeting
adjourned at 3:45 p.m.
CERTIFIED ACCURATE BY: 1 X / —
READ AND C
COUNCIL MEMBER DATE
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COUNC =ER DATE
ATTEST:
c__ (;)
CITY CLERK MAYOR
Minutes prepared by Deputy City Clerk Skovald. An audio and video tape of this meeting are
available in the City Clerk's Office
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