HomeMy WebLinkAbout06/04/1996 Business Meeting 39.-
CITY OF YAKIMA, WASHINGTON
JUNE 4, 1996
BUSINESS MEETING
1. ROLL CALL
The City Council met in session on this date at 2:00 p.m.,
in the Council Chambers of City Hall, Yakima, Washington,
Mayor Lynn Buchanan, presiding. Council Members Clarence
Barnett, Henry Beauchamp, Ernie Berger, John Klingele, John
Puccinelli, 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
A. PROCLAMATIONS (IF APPLICABLE)
Council Member Berger extended an invitation to the Fire
Fighters Association /KYVE Spaghetti Feed on June 7, 1996 at
Fire Station No. 1.
Mayor Buchanan read a proclamation declaring June 16, 1996 as
1996 Corel Great Race Day. Mike McElrath, Westside Merchants
Association, accepted the proclamation and urged all citizens
to participate and enjoy this event.
Leslie Sutton accepted the proclamation declaring the week of
June 2 -8, 1996, as Management Week. She urged all citizens
to develop and recognize management as a profession. She
invited the Council to their award ceremony to honor Glenn
Valenzuela as Manager of the Year.
4. CONSENT AGENDA
Mayor Buchanan referred to the items placed on the Consent
Agenda, questioning whether there were any additions or
deletions from either Council members or citizens present.
It was the general consensus of the Council to remove Agenda
Items Nos. 16 and 17. The City Clerk then read the Consent
Agenda items, including resolutions and ordinances by title.
It was MOVED BY SIMS, SECONDED BY BEAUCHAMP, THAT THE
CONSENT AGENDA, AS READ, BE ADOPTED. The motion carried by
I/ 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 MAY 21, 1996 BUSINESS MEETING
The minutes of the May 21, 1996 Business meeting, was
approved, having been duly certified accurate by two Council
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members and no one present wishing to have said minutes read
publicly.
6. PUBLIC HEARING TO CONSIDER APPEAL FILED BY GREGORY MC CLURE
HEARING EXAMINER DECISION ON AN APPEAL FILED BY JANICE WOOLEN
REGARDING ADMINISTRATIVE ADJUSTMENT FOR FENCE
This being the time set for the public hearing,
Vaughn McBride, Assistant Planner, provided details of the
appeal submitted by Gregory McClure. He also drew a diagram
and showed pictures of the property as it relates to curb and
set back requirements. The issue of the appeal is whether or
not the fence constructed on Mr. McClure's property restricts
visibility from the driveway on Janice Woolen's property.
Mr. McClure was granted an administrative adjustment of the
fence height standard to allow a six foot fence. On
March 14, 1996 the Hearing Examiner granted Ms. Woolen the
appeal because the fence obstructed the clear view vision
triangle affecting her driveway. There was a brief
discussion among Council members and staff about safety
concerns as well as the interpretation of the section of the
Yakima Municipal Code dealing with the clear view triangle
requirement.
Mayor Buchanan opened the public hearing and asked for public
testimony.
Greg McClure, applicant and owner of the fence, described the
layout of his property and explained he was acting in good
faith and had followed all applicable laws pertaining to the
fence construction, including setbacks, permits, and clear
view areas. He received an administrative adjustment for a
6 -foot fence. Mr. McClure further explained that his
financial situation will not allow him to rebuild the fence.
He urged the Council to uphold the administrative adjustment
of the fence height to six feet. He also pointed out that he
feels the Hearing Examiner confused the terms travelway and
sidewalk when issuing his decision.
Janice Woolen described her rental property which adjoins
Mr. McClure's property. She provided some background
information about the 4 -foot chain link fence constructed by
the City on her property when Nob Hill Boulevard was widened
some years ago. She reported that Mr. McClure removed that
fence without her prior knowledge. Ms. Woolen urged the
Council to deny Mr. McClure's appeal because the fence
restricts visibility of the sidewalk and the westbound
traffic lanes when entering West Nob Hill Boulevard from her
driveway.
Les Bumgarner, 1106 South 31st Avenue, disagreed with the
driveway change made by Mr. McClure. He also feels the fence
restricts visibility when backing out of the driveway of
Ms. Woolen's property.
Bev Luby Bartz referred to page 612 of the Yakima Municipal
Code, Table 5 -1, Section 11.05.08 which would require the
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fence to be built 20' from the property line. She feels this
fence was legalized after the fact,,.and urged everyone to obey
the law. There should not be selected enforcement.
Betty Gaudette commented that there used to be only four foot
fences on side yards and front yards instead of a six foot
adjustment. She urged the Council to keep the requirement at
the four foot height.
Mayor Buchanan asked if anyone else wished to comment about
the appeal. , There being no one, he closed the public
hearing.
There was a considerable amount of discussion -among Council,
staff, and others concerning the safety aspect of this
situation. They also discussed the Table 5 -1 referenced by
Ms. Bartz earlier during this hearing. After continued
comments and discussion about this appeal, it was MOVED BY
BARNETT, SECONDED BY SIMS, TO CONTINUE THE HEARING UNTIL THE
NEXT MEETING IN ORDER TO HAVE CLARIFICATION OF THE CODE
REFERENCES THAT HAVE BEEN MADE SO WE CAN REVIEW THAT IN
RELATIONSHIP TO THE TESTIMONY AND FACTS THAT HAVE BEEN
PRESENTED. Council Member Berger requested staff provide
additional information about the, clear view issue. Council
Member Beauchamp agreed and feels this safety situation
should be further considered. The question was called for a
vote on the motion. The motion carried by unanimous voice
vote.
7. PUBLIC MEETING TO CONSIDER HEARING EXAMINER DECISION FOR
REZONE OF PROPERTY ADJACENT TO FIRE STATION NO. 5, REQUESTED
BY YAKIMA FIRE DEPARTMENT
This being the time set for a public meeting, Dan Valoff,
Associate Planner, explained details of the request by the
City of Yakima Fire Department to rezone property in the
vicinity of Fire Station #5 from R -2, Two - Family Residential,
to CBDS, Central Business District Support. The property is
located at 807 East Nob Hill Boulevard, is three acres in
size, and if this rezone is approved, would facilitate the
development of the new Fire Training Facility. The staff
recommendation is to uphold the Hearing Examiner's
recommendation and direct staff to prepare the appropriate
legislation. Council Member Sims pointed out that certain
written comments by the Hearing Examiner contained within the
recommendation were unprofessional.
Mayor Buchanan opened the public meeting and invited public
1/ testimony. There being no one wishing to speak, he closed
the public meeting. It was MOVED BY, BARNETT SECONDED BY
BERGER, TO UPHOLD THE HEARING EXAMINER'S RECOMMENDATION. The
motion carried by unanimous voice vote.
8. AUDIENCE PARTICIPATION
There was none.
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9. REPORT ON REQUEST FOR STOP SIGNS ON CHESTNUT
Council Member Barnett reported that residents of Chestnut
Avenue have requested intersection control changes on
Chestnut Avenue at 24th Avenue, 28th Avenue, and 30th Avenue.
In response to a citizen petition submitted last year and
several visits to the Council, staff has attempted to address
speeding problems on this street. Council Member Barnett
referenced a corrected map he provided to the Council which
demonstrate the intent of the discussions with Mr. McIntosh,
particularly the four -way stop signs indicated for 24th
Avenue. Council Member Sims requested clarification as to
whether four -way stop signs were indicated for 28th Avenue
and 30th Avenue. Council Member Barnett explained that
specific recommendations were not made; however, the
recommendation is on a trial basis to see if it works.
Dr. Roderick G. McIntosh, 201 South 24th Avenue, provided
statistics about Chestnut Avenue, a street which has
experienced a high volume of traffic, but is not designed as
a high traffic street. He referred to four -way stop signs
currently in place at 10th, 11th, and 12th Avenues, all high-
traffic streets. Mr. McIntosh feels the idea of placing stop
signs would be an economical way to maintain traffic control
and return the peaceful nature to this residential street.
West Chestnut Avenue needs a temporary trial to break the
habit of fast traffic.
John Degrasse, 2109 West Chestnut Avenue, described the fast
traffic on West Chestnut Avenue. He explained that the
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traffic moves faster on this street because it appears wide
and spacious. He pointed out that West Chestnut is a
designated bicycle route and he feels that designation should
be reconsidered due to the traffic situation.
There was a considerable amount of discussion about the
situation and the traffic calming measures to consider.
Council Member Sims described the effectiveness of speed
humps to slow traffic, and Council Member Barnett pointed out
that stop signs would be the economical and the fastest
method to address the situation until the issue is resolved.
Shelley Willson, Supervising Traffic Engineer, discouraged
stop sign placement because they have proven to be
unsuccessful in other areas and may cause mid -block speed
increases. Council Member Barnett commented that Bonnie
Doone has one stop sign per 16 blocks and Chestnut has only
one stop sign from 16th to 40th Avenues. There should be a
stop sign at 24th and West Chestnut Avenues on a trial 6-
month period.
It was MOVED BY BARNETT, SECONDED BY BERGER, TO INSTALL STOP
SIGNS AS INDICATED ON THE AMENDED MAP AT 24TH AND CHESTNUT
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AND CHANGE THE DIRECTION OF THE STOP SIGNS AT 28TH AND 30TH
AVENUES FOR A 6 MONTH TRIAL PERIOD.
Kathy Coffey encouraged it to be left the way it is now
because changes would encourage more traffic, congestion and
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noise. There was continued discussion concerning about the
traffic movement on „Chestnut Avenue and the adjacent streets.
It was MOVED BY BEAUCHAMP, SECONDED BY SIMS, TO AMEND THE
MOTION TO INCLUDE FOUR -WAY STOP SIGNS AT ALL THREE
INTERSECTIONS. The motion carried by a 6 -1 voice vote;
I/ Puccinelli voting nay. The question was called for a vote on
the motion as amended. The motion carried by a 5-2 voice
vote; Klingele and Puccinelli voting nay.
There was a brief discussion about photo radar speed traffic
monitoring. Mayor Buchanan described traffic calming
measures utilized in other cities and this issue concluded
with discussion about the punitive and offensive nature of
traffic calming enforcement.
10. REPORT FROM YAKIMA CENTER EXPANSION COMMITTEE REGARDING FINAL
PROJECT BID SPECIFICATIONS APPROVAL
Skip Semon, Chairman of the Yakima Center. Expansion
Committee, reported they have worked through this project to
balance the needs of staff and the hospitality committee.
The package is ready to go out to bid, and he asked the
Council to approve it. After discussion about the new
seating capacity of the expansion, it was MOVED BY SIMS,
SECONDED BY PUCCINELLI, TO ACCEPT THE RECOMMENDATIONS. The
motion carried by unanimous voice vote. Skip Semon also
added that the expansion will dramatically enhance the
economy by bringing business into the community.
11. REPORT REGARDING PROPOSED AMENDMENTS TO THE MUNICIPAL CODE
RELATING TO SIDEWALK CAFES AND VENDOR CARTS
Glenn Valenzuela explained that in February of this year,
discussions began with the business community concerning
right of way use on sidewalks by vendors, particularly the
insurance costs and requirements. The proposed ordinance
would require that sidewalk cafes and vendors obtain
permission from the adjoining property owner and increases
the insurance requirement to $500,000. Council Member
Barnett suggested and explained it would be very helpful to
include in the staff report the position taken by specific
organizations. City Attorney Paolella commented that if the
staff recommendation is approved, staff would have to prepare
the ordinance. It was MOVED BY BARNETT, SECONDED BY SIMS, TO
APPROVE THE STAFF RECOMMENDATION. The motion carried by
unanimous voice vote.
I/ *12. CONSIDERATION OF RESOLUTION AUTHORIZING SHUTTLE BUS. SERVICE
IN YAKIMA FOR FOURTH OF JULY CELEBRATION
RESOLUTION NO. R- 96 -64, A RESOLUTION providing for volunteer
contribution shuttle bus service to the Yakima County
Fairgrounds on July 4, 1996. ..
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*13. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF CONTRACT
WITH THE ARMY CORPS OF ENGINEERS FOR DIKE REPAIR FOR WATER
AND WASTEWATER DIVISIONS
RESOLUTION NO. R- 96 -65, A RESOLUTION authorizing the City
Manager and City Clerk of the City of Yakima to execute a
"Project Cooperation Agreement," "Certification Regarding
Lobbying," and "Flood Protection Levy Easement," and the City
Attorney to execute a "Certificate of Authority" and "Title
Certificate" necessary to accomplish repair of the Water and
Wastewater facilities dike.
*14. CONSIDERATION OF RESOLUTION AUTHORIZING SALE OF SURPLUS
SNORKEL TRUCK
RESOLUTION NO. R- 96 -66, A RESOLUTION declaring one used 85-
foot snorkel truck to be surplus and authorizing its sale.
*15. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF
CONTRACTS FOR NEIGHBORHOOD IMPROVEMENT PROJECTS:
A. PARKWAY PLACE
B. SOUTHEAST PAINTING
C. ASOCIACION DE BARRIOS
D. HOUSING AUTHORITY
E. SCENIC REFORESTATION
F. SOUTHEAST CENTER EQUIPMENT
RESOLUTION NO. R- 96 -67, A RESOLUTION authorizing the City
Manager and the City Clerk of the City of Yakima to execute
various agreements to implement the Neighborhood Improvement
Program.
16. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF
AMENDMENT TO PUBLIC DEFENDER CONTRACT
Council Member Barnett explained he removed this item from
the Consent Agenda because he felt the contract relationship
was broken and the next bidder should receive the contract;
however, they did not want it and this should have went out
to bid again.
Resolution No. R -96 -68 having been read by title only, it was
MOVED BY KLINGELE, SECONDED BY PUCCINELLI, TO ADOPT THE
RESOLUTION. The motion carried by a 4 -3 roll call vote;
Barnett, Berger, and. Sims voting nay.
RESOLUTION NO. R- 96 -68, A RESOLUTION authorizing the
execution of a revised Public Defender Agreement for 1996 to
release John J. Jay from his contractual obligations and to
retain Kenneth W. Raber.
17. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF
AMENDMENT TO THE SWANSON INMATE COMMISSARY SERVICE CONTRACT I/
Assistant City Attorney McMurray responded to questions posed
by Council Member Beauchamp regarding the termination clause
in the agreement. Resolution No. R -96 -69 having been read by
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JUNE 4, 1996
title, it was MOVED BY SIMS, SECONDED BY KLINGELE, TO ADOPT
THE RESOLUTION. The, carried by unanimous roll call
vote.
RESOLUTION NO. R- 96 -69, A RESOLUTION authorizing the City
Manager and the City Clerk of the City of Yakima to execute a
I/ revised agreement with Swanson Inmate Commissary Services,
Inc. to provide inmate commissary services at the Yakima City
Detention Facility.
*18. CONSIDERATION OF RESOLUTIONS AUTHORIZING EXECUTION OF
AGREEMENTS FOR SUMMER RECREATIONAL PROGRAMS FOR YOUTH WITH
SPECIAL NEEDS WITH:
A. YAKIMA COUNTY DEPARTMENT OF COMMUNITY SERVICES
RESOLUTION NO. R- 96 -70, A RESOLUTION authorizing the City
Manager and City Clerk of the City of Yakima to execute an
agreement between the City of Yakima and the Yakima County,
Department of Community Services, to provide a summer
recreational program for youth with special needs.
B. YAKIMA SCHOOL DISTRICT NO. 7
RESOLUTION NO. R- 96 -71, A RESOLUTION authorizing the City
Manager and City Clerk of the City of Yakima to execute an
agreement between the City of Yakima and the Yakima school
District to provide a summer recreational program for youth
with special needs.
*19. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF
AGREEMENT WITH CONSULTING AND PHARMACEUTICAL SERVICES FOR
PHARMACEUTICAL SERVICES ;:AT...THE., CITY DETENTION FACILITY
RESOLUTION NO. R- 96 -72, A RESOLUTION authorizing the City
Manager and the City Clerk of the City of Yakima to execute
an agreement with Consulting and Pharmaceutical Services,
Inc. to provide pharmaceutical products at the Yakima City
Detention Facility.
*20. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF DRAIN
LINE EASEMENT WITH MACRO PLASTICS
RESOLUTION NO. R- 96 -73, A RESOLUTION authorizing the City
Manager and City Clerk of the City of Yakima to execute a
Drain Line Easement Agreement between the City of Yakima and
Macro Plastics, Inc. in order to resolve a drain line
easement dispute.
*21. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF
INTERLOCAL COOPERATIVE AGREEMENT_ WITH WASHINGTON STATE
EMPLOYMENT SECURITY DEPARTMENT RELATING TO THE Y.V.T.
ELECTRIC RAILROAD RESTORATION PROJECT
RESOLUTION NO. R- 96 -74, A RESOLUTION authorizing and
ratifying the execution of an Interlocal Cooperative
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Agreement with the Washington State Employment Security
Department.
*22. CONSIDERATION OF RESOLUTION AUTHORIZING FINANCE DIRECTOR TO
RESPOND TO GOVERNMENTAL ACCOUNTING STANDARDS BOARD EXPOSURE
DRAFT REGARDING MUNICIPAL INVESTMENTS
RESOLUTION NO. R- 96 -75, A RESOLUTION authorizing the Director
of Finance and Budget to respond to Exposure Draft 132 -A of
the Governmental Accounting Standards Board.
*23. CONSIDERATION OF RESOLUTION SETTING DATE OF PUBLIC HEARING
FOR JULY 2, 1996 ON THE SIX YEAR TRANSPORTATION IMPROVEMENT
PROGRAM
RESOLUTION NO. R- 96 -76, A RESOLUTION fixing the time and
place for hearing on a Six Year Transportation Improvement
Program for the period of 1997 through 2002.
*24. SET DATE OF PUBLIC HEARING FOR JULY 2, 1996 ON THE REZONE OF
PROPERTY IN VICINITY OF 1105 AND 1109 EAST MEAD REQUESTED BY
TERRY MORTON AND LYNN PARTON
July 2, 1996 was set as the date of public hearing on the
rezone of property in the vicinity of 1105 and 3.109 East
Mead, requested by Terry Morton and Lynn Parton.
*25. SET DATE OF PUBLIC MEETING FOR JULY 2, 1996 TO CONSIDER
HEARING EXAMINER RECOMMENDATION FOR REZONE REQUESTED BY
ALBERTSON'S
July 2, 1996 was set as the date of public meeting to
consider the Hearing Examiner's recommendation to approve the
rezone requested by Albertson's Food Store for property in
the vicinity of 40th Avenue and Tieton Drive.
*26. SECOND READING OF ORDINANCE AMENDING THE 1996 BUDGET AND
APPROPRIATING FUNDS FOR SPRAYFIELD FLOOD DAMAGE REPAIR
An Ordinance amending the 1996 budget and appropriating funds
for sprayfield flood damage repair, previously having been
read by title only, was brought before the Council for a
second reading.
ORDINANCE NO. 96 -42, AN ORDINANCE amending the 1996 budget
for the City of Yakima; and making an appropriation of
$750,000 in the Wastewater Facility Project Fund for
expenditure during 1996 for Sprayfield Flood Damage Repair.
*27. SECOND READING OF ORDINANCE AMENDING THE 1996 BUDGET AND
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APPROPRIATING FUNDS TO PROVIDE PUBLIC SAFETY COMMUNICATIONS
AND 911 CALLTAKING SERVICES
An Ordinance amending the 1996 budget and appropriating funds
for public safety communications and 911 Calltaking Services,
previously having been read by title only, was brought before
the Council for a second reading.
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ORDINANCE NO. 96- 43, -,AN. ORDINANCE,,amending the 1996 budget
for the City of Yakima; and making an appropriation of
$316,667 in the Public Safety Communications Fund for
expenditure during 1996 to provide for public safety
communications and 911 Calltaking Services.
*28. FIRST READING OF ORDINANCE AMENDING THE 1996 BUDGET AND
APPROPRIATING FUNDS FOR PROJECTS PAID FROM THE PBIA FUND
An Ordinance amending the 1996 budget and appropriating funds
for projects paid from the PBIA Fund, having been read by
title was laid on the table for three weeks, until June 25,
1996.
29. OTHER BUSINESS
Following a brief discussion about a request by, the.., Mayor of
Selah during the Transit Committee Meeting, it was MOVED BY
BEAUCHAMP, SECONDED BY BERGER, TO EXTEND TRANSIT SHUTTLE
SERVICE TO SELAH FOR THE 1996 FOURTH OF JULY CELEBRATION AT
THE CENTRAL WASHINGTON FAIR GROUNDS AS REQUESTED BY THE MAYOR
OF SELAH FOR ONE DAY. Clarification of the motion indicated
the resolution adopted earlier today would extend to this
request; therefore, the fare would be on a donation basis.
The motion carried by unanimous voice vote. There was
continued discussion about the shuttle service and the
possibility of discussions to extend the PTBA area. City
Manager Zais pointed out that the Transit Drivers were
donating their time for this service.
A. DESIGNATION OF VOTING DELEGATES FOR AWC CONFERENCE
City manager Zais commented that the City is allowed three
voting delegates at the AWC Conference. It was MOVED BY
BARNETT, SECONDED BY SIMS, TO APPOINT COUNCIL MEMBERS
KLINGELE AND BERGER AS TWO OF THE THREE DELEGATES AND CITY
MANAGER ZAIS AND ASSISTANT CITY MANAGER RICE TO BE THE THIRD
DELEGATE AND ALTERNATE. The motion carried by unanimous
voice vote.
Council Member Barnett requested his material be put in his
three -ring binder and he would be returning the briefcase.
Information Items:
Items of information provided to Council were: Notice of
1996 Corel Great Race Press Conference and Indy Racer Day;
I/ Invitation to two Community Walk - Throughs in the southeast
neighborhoods; Invitation to fifth anniversary celebration
of Yakima Valley Memorial Hospital's Passport to Health
Program; Letter from State of Washington Office of
Financial Management regarding population determinations for
cities, towns and counties. 5/23/96; Monthly Annexation
Status Report for May 1996; Report from Office of
Neighborhood Development for April 25 to May 29, 1996;
Assignments Pending in Office of Environmental Planning as
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of June 4, 1996; Agenda for June 6, 1996 Downtown Area
Redevelopment Committee meeting; and Article from May 24,
1996 Seattle P.I., "City's Trees Sway in City Hall Wind."
30. EXECUTIVE SESSION REGARDING PENDING LITIGATION (DELGADO)
It was MOVED BY SIMS, SECONDED BY BERGER, TO MOVE INTO
EXECUTIVE SESSION TO DISCUSS PENDING LITIGATION, PROPERTY
DISPOSITION, AND PERSONNEL WITH IMMEDIATE ADJOURNMENT
THEREAFTER TO JUNE 11, 1996 AT 7:00 PM AT THE YAKIMA CENTER
FOR A SPECIAL JOINT CITY /COUNTY PUBLIC HEARING ON THE GROWTH
MANAGEMENT ACT COMPREHENSIVE PLAN. The motion carried by
unanimous voice vote.
31. ADJOURNMENT TO JUNE 11, 1996 AT 7:00 PM AT THE YAKIMA CENTER
FOR SPECIAL JOINT CITY /COUNTY PUBLIC HEARING FOR GMA
COMPREHENSIVE PLAN
Following the conclusion of the Executive Session, the
meeting adjourned at 5:35 p.m.
READ AND CERTIFIED ACCURATE BY: /( - y
COUNCIL MEMB''' DATE
- OUNCIL MEMBER DATE
ATTEST:
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CITY CLERK LYNN CHANAN, 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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