HomeMy WebLinkAbout08/21/2001 Business Meeting 264
CITY OF YAKIMA
BUSINESS MEETING OF THE CITY COUNCIL
AUGUST 21, 2001 -- 2:00 P.M.
129 NORTH 2 STREET -- COUNCIL CHAMBERS
1. ROLL CALL
Present:
Council: Mayor Mary Place, presiding, Council Members Clarence Barnett,
Henry Beauchamp, Lynn Buchanan, Larry Mattson, John Puccinelli
(after 2:08 p.m.), and Bernard Sims
Staff: City Manager Zais, City Attorney Paolella and City Clerk Roberts
2. INVOCATION /PLEDGE OF ALLEGIANCE '
Council Member Beauchamp led the audience in the Pledge of Allegiance.
3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER /SPECIAL
PRESENTATION
A. PROCLAMATIONS
• NATIONAL TRUCK DRIVER APPRECIATION WEEK
Council Member Buchanan read a proclamation designating August 25
through September 1, 2001 as National Truck Driver Appreciation Week.
The proclamation was accepted by Leslie Sharp.
B. YAKIMA CENTER ADVISORY COMMITTEE
Mayor Place recognized the service of the Yakima Center Advisory
Commission members and presented Certificates of Appreciation to two
members who were present: Dick Eckel and Richard Ostrander.
4. CONSENT AGENDA
Mayor Place referred to the items placed on the Consent Agenda, questioning
whether there were any additions or deletions from either Council members or
citizens present. Item No. 18 was added and Item No. 11 was removed from the
Consent Agenda. The City Clerk read the Consent Agenda items, including
resolutions and ordinances by title. SIMS MOVED AND BUCHANAN
SECONDED TO APPROVE THE CONSENT AGENDA AS READ. 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.)
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AUGUST 21, 2001
*A. APPROVAL OF THE MINUTES OF THE JUNE 19, 2001 ADJOURNED
MEETING AND AUGUST 7, 2001 BUSINESS MEETING
The minutes of the June 19, 2001 Adjourned Meeting and August 7, 2001
Business meeting 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
No one came forward to address the Council at this time.
PUBLIC HEARINGS
6. PUBLIC HEARING ON CONGDON ANNEXATION (SEE ORDINANCE ANNEXING
PROPERTY)
Bruce Benson, Associate Planner, explained the Congdon annexation was
initiated March 20, 2001 and consisted of 76 parcels for an area of 911 acres.
Thejarea population is 140 and has an assessed value of $20,908,000.
• Mayor Place opened the public hearing.
No one came forward to speak either for or against the annexation.
• Mayor Place closed the public hearing.
The City clerk read the ordinance by title only and IT WAS MOVED BY SIMS,
SECONDED BY BUCHANAN TO PASS THE ORDINANCE. The motion carried
by unanimous roll call vote.
ORDINANCE NO. 2001 -38, AN ORDINANCE concerning annexation and
providing for annexation of the Congdon Annexation; as approved by the
Boundary Review Board, to the City of Yakima; maintenance of the current
zoning of the area; notice to the WUTC of the City's intent to provide residential
refuse collection and disposal service; assumption of a share of the City's current
indebtedness by properties in the Congdon Annexation area; and an effective
date of September 22, 2001.
7. PUBLIC HEARING ON SOUTH 72 AVENUE ANNEXATION (SEE ORDINANCE
ANNEXING PROPERTY)
Bruce Benson said this annexation was initiated June 15, 1999 and consists of
2,238 parcels for an area of 1,141.5 acres. The population is estimated at 5,267
with an assessed value of $306,789,000.
Larry Peterson, Assistant City Attorney, explained that Attorney John Moore filed
an appeal of the Boundary Review Board decision yesterday. This appeal
prevents the Council from completing the annexation at this time. He explained
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further that this delay will also prevent the people in the annexation area from
voting in the November election with respect to City Council candidates. It was
the Legal Department's recommendation to receive the comments from people
who came for the public hearing today and then continue the hearing until the
September 18, 2001 Council meeting. Mr. Peterson said the City would try to
negotiate with Mr. Moore to see if this item can be resolved, but it will not be
done in the time frame required to allow the annexed area to be included in the
November election for City issues.
• Mayor Place opened the public hearing.
Loran Kitts, 120 Alpine Way, asked what would happen to this annexation if the
Supreme Court should rule against the legality of annexing based on the outside
utility agreements. He also commented that it was his understanding that this
annexation was taking place because of sewer systems being made available to
many people in his district. He said there is no sewer line on his street and he
cannot hook up to the one that does exist behind the homes on the opposite of
the street. Therefore, he feels there is nothing being offered to him in this
annexation including police and fire protection.
Mr. Peterson explained that the Supreme Court decision is not a case that will
decide whether or not outside utility agreements are valid. They were
determined to be valid in 1993. The case being considered by the Supreme
Court is an attack on the constitutional legality of the petition method of
annexation. Mr. Peterson doesn't believe there is any reason for the City not to
proceed as the law stands today.
• Mayor place continued the public hearing.
Mayor Place continued the South 72 Avenue Public Hearing to September 18,
2001.
8. PUBLIC HEARING ON HEARING EXAMINER'S RECOMMENDATION ON A
REQUEST FILED BY LEE AND KAREN CURRY TO VACATE A SEGMENT OF
KING STREET BETWEEN SOUTH 7 AND 8 AVENUES
Dan Valoff, Associate Planner, introduced the details of the Public Hearing and
advised that the Hearing Examiner rendered his decision to approve the right -of-
way action on July,12, 2001. He said it is staff's recommendation to uphold the
Hearing Examiner's decision.
Mayor place commented that this is an open record hearing. Council Members'
declarations consisted of Mayor Place stating she has received phone calls
before and after the hearing and has visited the site.
• Mayor Place opened the public hearing.
No one came forward to speak against the vacation.
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Lee Curry, 1524 South 7 Avenue, explained they wanted the area closed to
avoid vandalism, garbage and nuisance. Karen Curry, noted that in 1937 this
land was dedicated to the County and was annexed into the City in 1996. Within
that time period there is no record of either the County or the City maintaining the
property. They have taken it upon themselves to maintain the property for safety
and beauty.
• Mayor Place closed the public hearing.
BUCHANAN MOVED AND SIMS SECONDED TO ACCEPT THE HEARING
EXAMINERS DECISION. The motion carried by unanimous roll call vote. Staff
was directed to draw up the appropriate legislation.
CITY MANAGER'S REPORTS
9. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF LEASE
AGREEMENT WITH BIG LEAGUE DREAMS
City Manager Zais gave a general overview of the negotiation process.
Scott Beyer, the attorney representing the City in these negotiations, explained
the latest revisions. The first of which is the license fees will not be paid until
certain conditions are satisfied. Those conditions include approval of the utility
tax measure by the voters, land use approval on the property, and that final plans
and specifications and budget must be approved by both parties. Finally, this
project will not go forward and no license fee will be paid until the City has been
able to issue bonds based upon bids received and accepted. Once all those
provisions have been satisfied, the project will go forward and the license fee will
be paid within 30 days of that date. Also negotiated into the lease is a refund of
the license fee if the tenant were to default within three years. One other key
negotiated item is the figure of 10% of revenues, which is a higher rate than is
being paid in their most recent lease in California. Another aspect 'of that rate is
the definition of gross revenues. He explained that the original lease contained a
complex description of what were gross revenues. To simplify that computation,
they have used the definition in Washington State Law that is similar to what is
paid as far as B &O tax in the state of Washington. Big League Dreams will
supply the City of Yakima with copies of their B &O tax monthly so there is
verification of the amount due to City of Yakima. He reviewed other provisions of
the lease, one of which is if Big League Dreams USA enters into any better
agreement with anyone else in the future, our benefits will be modified to match
those provisions. With regard to the business name, it is going to operate under
the name Big League Dreams Yakima Sports Park. He went on to explain that
there is a provision for a landlord non - competition clause that means we cannot
organize or promote softball and baseball tournaments. However, there is
nothing to restrict the City from renting our facilities. The Parks Department
wanted a provision allowing the City to fund youth baseball if Big League Dreams
ever chose not to organize the youth baseball teams and we will have the right to
do that.
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AUGUST 21, 2001
Mr. Beyer reviewed other provisions with regard to budgets, insurance, and
employment diversity goals. He then emphasized that the tenant and Big
League Dreams USA will not be able to license or develop a similar facility
anywhere in the state of Washington. This includes the entire Puget Sound
Area.
Aileen Kane, 701 South 14 Avenue, expressed her desire to have local workers
hired to do the actual construction. City Manager Zais explained that the project
will be open for public bid and that any contractor licensed in the State of
Washington has the right to submit a bid. Local contractors will be encouraged
to bid, but ultimately the selection will be based on adherence to contract
specifications and price. Council Member Beauchamp assured Ms. Kane that
because of the difficulty for contractors to bring crews in from out of the area the
chances are they will use local workers even if the contractor is not local.
Robert Owen, 614 North 3 Street, suggested the vote on the lease be
continued until after the election, thereby allowing the citizens to vote on it first.
City Manager Zais explained it was the City's objective to have the lease
available for public scrutiny before the vote. He clarified that the lease will not
take effect until after voter passage of this measure. If the measure fails, the
lease would not take effect.
Scott Wilson, 2410 South 66 Avenue, addressed concerns regarding Little
League. He suggested the provision in 8.3 be excluded or rewritten so it doesn't
impact Little League as it currently exists. Denise Nichols, Parks & Recreation
Manager, explained the non - competitive clause has nothing to do with the Little
League program. Their home field is Elks Park and there is an agreement for
them to continue their usage and nothing prevents us from continuing that
contract with Little League. Scott Beyer explained that Little League would
continue with their usage of city parks and school facilities and that we can
continue to fund outside groups to actually organize youth baseball for 12 and
under.
Bob Hall, 1600 East Yakima Avenue, spoke as a representative of the
promotions committee of the project. He complimented the staff on the end
product being voted on today saying it is much better than we thought we would
get and it will give the youth and the community an excellent product. He pointed
out that the fifteen full -time jobs and seventy part -time jobs this agreement would
bring are real jobs for our community. He strongly recommends Council endorse
the lease as it has been prepared.
Mike Nixon, speaking for the Parks and Recreation Commission, said they
recommend this contract as something that represents a partnership. He
emphasized that this is not something that came about in the last six months but
they had started looking at the idea about nine years ago. The Commission
recommends this contract and is sure it will enhance Yakima.
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AUGUST 21, 2001
Ron Bonlender, 212 North 7 Street, commented that leases are hard to read
and are intimidating. What needs to be kept in mind is the spirit of negotiation
and the people involved.
D. S. Isenman, 619 South 12 Street, asked how the City can allow the selling
and consumption of alcohol if they retain the right to the property. City Manager
Zais responded that the current code for park property has alcohol restrictions
but we have permitted the consumption of alcohol in other public -owned property
such as the convention center and the airport restaurant. For revenue
generation to reach expectations, the restaurant operation, including the •
consumption of alcohol, is required. A change in the Municipal Code with regard
to the park property will be required. Discussion continued regarding the Kiwanis
Park area and the need for revitalization as well as improvements that have been
made over the years. Mr. Isenman spoke of his dissatisfaction with the services
he has received from the police and the increase in sewer rates.
Joe Willis, 1805 South 1 1 th Avenue, feels there are a lot of loopholes in the
lease agreement. He also feels the idea of using tax money to build a stadium is
moot because Yakima has never voted for a tax increase for anything. He asked
if there were alternate plans in case the measure fails. Mayor Place responded
that if this fails at the ballot, there are currently no other plans. As a result of the
sale of Larson Park, the City has a commitment to replace one ball field, but
other than that there are no plans at this time. Council Member Beauchamp said
one of the core values of this project is the economic tool to help bolster the local 1
economy. He said this project would set this community apart from any other
community in the state of Washington and give us a significant advantage of
being a desirable location for tournaments played in the state. He continued by
saying no one thing is going to solve Yakima's problems but this will certainly
help.
Gordon Wonder, 5205 Sycamore Drive, said he is concerned about the
proposal. He commented that he was a City Council member in the early 70's
and described projects that were accomplished at that time without having to go
to the taxpayers. He suggested that a port district would employ more people at
higher wages and should be what the City should be striving for instead of the
Sports Complex. Mr. Wonder commented that he has many more questions and
comments, however, due to a medical problem he was unable to continue his
testimony at this time.
The Council took a five - minute recess and resumed the meeting at 4:05 p.m.
Rick Pinnell, 3303 West Yakima Avenue, spoke of the teamwork with the
various organizations working together and how the process itself has been very
successful. He is very pleased with the enthusiasm he has seen exhibited by
people.
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AUGUST 21, 2001
Council Member Puccinelli professed his support for the Sports Complex but
suggested that the lease not be approved until after the measure is voted on by
the public. He feels the lease currently is not adequate. If the measure passes,
he recommends using that as leverage in negotiating the lease or to put the
project out for bid.
The City Clerk read the resolution by title only and SIMS MOVED AND
BUCHANAN SECONDED TO ADOPT THE RESOLUTION. Council Member
Sims described the negotiating process complimenting the amount of
contributions the members made. He said that, although we didn't get everything
we asked for, Big League Dreams is the best company to do the job. Council
Member Beauchamp also endorsed the company noting they have a vested
interest in making this a success. He emphasized the fact that Yakima is in the
business of winning and can make this thing work. The question was called for a
vote on the motion. The motion carried by a 5 -2 roll call vote; Barnett and
Puccinelli voting nay.
RESOLUTION NO. R- 2001 -121, A RESOLUTION authorizing and directing the
City Manager of the City of Yakima to execute a lease agreement with Big
League Dreams Yakima, LLC for the Yakima Sports Complex.
*10. CONSIDERATION OF STAFF REPORT RE PARKING RESTRICTION ON
WALNUT BETWEEN 1 AND 4 STREETS
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The staff recommendation to authorize removal of on- street parking along both
sides of Walnut Street between South First and Fourth Streets to accommodate
left turn lanes on Walnut Street at Second and Third Streets was approved.
11. CONSIDERATION OF RESOLUTION AUTHORIZING REMOVAL OF FIVE
TREES WITHIN THE RIGHT -OF -WAY OF THREE ARTERIAL STREET
INTERSECTIONS
Lynne Kittelson, 305 North 9 Street and President of the North East
Neighborhood Association, commented on the graffiti in town and the lack of
shade. She claimed the removal of five trees was a knee -jerk reaction to a bigger
problem, that of speeding drivers. She proposed that rather than cut down the
trees, the stop bar be moved closer to the intersection. There was discussion on
clearview and right -of -way problems at the affected intersections. Mrs. Kittelson
proposed studying the traffic on both Lincoln Avenue and 9 Street before having
the trees cut down. Chris Waarvick, Public Works Director, advised that this area
is to be included in the transportation planning process. After discussion, the
City Clerk read the resolution and BUCHANAN MOVED AND SIMS SECONDED
TO REMOVE THE LAST THREE TREES ON THIS LIST AND DEFER THE
REMOVAL OF THE FIRST TWO (1A AND 1 B) UNTIL THEY HAVE BEEN
INVESTIGATED. MATTSON MOVED AND PUCCINELLI SECONDED TO
AMEND THE MOTION TO INCLUDE TREE 1A AND CONDUCT A STUDY ON
TREE 1B, THE MAPLE AT LINCOLN AVENUE AND 8 STREET. The
amendment carried by a 5 -2 roll call vote, Buchanan and Barnett voting nay. The
amended motion carried by a 5 -2 roll call vote, Buchanan and Barnett voting nay.
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Mr. Waarvick said they would look at planting four replacement trees in other
locations. Mrs. Kittelson requested the North East Neighborhood Committee be
included in the study process.
RESOLUTION NO. R- 2001 -122, A RESOLUTION authorizing the removal of
four trees located within the City right -of -way at three arterial street intersections
within the City of Yakima, Washington. .
*12. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF
PROFESSIONAL SERVICES AGREEMENT WITH ROD YARGER FOR
FIREARMS RANGE INSTRUCTION FOR THE POLICE DEPARTMENT
RESOLUTION NO. R- 2001 -123, A RESOLUTION authorizing the City Manager
of the City of Yakima to execute a professional services agreement with Rod
Yarger in order to provide firearms training services to the Yakima Police
Department.
• *13. CONSIDERATION OF MOTIONS TO APPROVE INITIATION OF MILLER
ANNEXATION (ADOPT STANDARD MOTIONS A & B)
August 21, 2001 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 Donald L. Miller and Peggy Miller.
The annexation proposed by Donald L. Miller and Peggy Miller was accepted and
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.
*14. APPROVAL OF AMENDED FINAL CONTRACT PAYMENT FOR 2000 STREET
OVERLAY PROGRAM NO. 1886, PERFORMED BY SUPERIOR PAVING
COMPANY (ADOPT STANDARD MOTION V -B, ACCEPT THE PROJECT AND APPROVE
FINAL PAYMENT
The report from the City Engineer, dated May 15, 2001, with respect to the
completion of the work on the 2000 Street Overlay project, performed by Superior
Paving Company, was approved, the work accepted and payment of the amended
final estimates as therein set forth was authorized.
*15. APPROVAL OF FINAL CONTRACT PAYMENT FOR VEHICLE
MAINTENANCE SHOP VENTILATION IMPROVEMENTS PROJECT AT THE
PUBLIC WORKS FACILITY, PERFORMED BY CENTRAL MECHANICAL
(ADOPT STANDARD MOTION V -B, ACCEPT THE PROJECT AND APPROVE FINAL
PAYMENT)
The report from the consulting engineer, Bovay Northwest, dated February 28,
2000, with respect to the completion of the work on the Vehicle Maintenance
Shop Ventilation Improvements project, performed by Central Mechanical,Inc.,
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AUGUST 21, 2001
was approved, the work accepted and payment of the final estimates as therein
set forth was authorized.
*16. ACCEPT POLICE 2000 ANNUAL REPORT
The 2000 Annual Report of the Yakima Police Department was accepted.
*17. APPROVAL OF REPORTS FROM FINANCE DEPARTMENT:
A. SECOND QUARTER 2001 BUDGET REPORT
The Second Quarter 2001 Revenue and Expenditure (Budget) Report was
accepted.
B. SECOND QUARTER 2001 ACCOUNTS RECEIVABLE REPORT
The Seconded Quarter 2001 Accounts Receivable Report was accepted.
C. SECOND QUARTER 2001 TREASURY REPORT
The Second Quarter 2001 Treasury Report was accepted.
ORDINANCES
*18. CONSIDERATION OF ORDINANCE REPEALING THE MUNICIPAL CODE TO
DISSOLVE THE YAKIMA CENTER ADVISORY COMMITTEE
ORDINANCE NO. 2001 -39, AN ORDINANCE relating to the Yakima Center
Advisory Commission, and repealing Chapter 1.88 of the Yakima Municipal Code.
*19. CONSIDERATION OF LEGISLATION AMENDING THE MECHANICAL
BUILDING CODE RE OTHER CONSTRUCTION STANDARDS
ORDINANCE NO. 2001 -40, AN ORDINANCE relating to building construction
codes and related regulations, and repealing all existing sections of chapter 11.32
of the Yakima Municipal Code and enacting, to comprise chapter 11.32 of the
Yakima Municipal Code, new sections amending certain provisions of the Uniform
Mechanical Code as adopted and maintained by the State Building Code Council
to establish the City mechanical Code.
*20. SECOND READING OF ORDINANCE AMENDING THE 2001 BUDGET AND
APPROPRIATING FUNDS FOR AFSCME TRANSIT COLLECTIVE
BARGAINING AGREEMENT COSTS
An Ordinance amending the 2001 budget and appropriating funds for AFSCME
Transit collective bargaining agreement expenses, previously having been read
by title only, was brought before the Council for a second reading.
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ORDINANCE NO. 2001 -41, AN ORDINANCE amending the 2001 budget for the
City of Yakima; and making an appropriation of $72,258 in the 462- Transit
Operating Fund for expenditure during 2001 to provide for the AFSCME (Transit)
contract settlement.
* 21. FIRST READING OF ORDINANCES AMENDING THE 2001 BUDGET (NO
ACTION REQUIRED THIS MEETING; SECOND READING SCHEDULED 9/4/01) FOR:
A. FIRE DEPARTMENT BUDGET FOR INDUSTRIAL INSURANCE
EXPENSES
An Ordinance amending the 2001 budget and appropriating funds for Fire Department
overtime, unanticipated retirement cash outs, and additional Industrial Insurance
premium charge, was read by title only, and laid on the table until September 4, 2001 for
a second reading.
B. REFUSE BUDGET FOR INDUSTRIAL INSURANCE EXPENSES
An Ordinance amending the 2001 budget and appropriating funds for additional
Industrial Insurance premium charge for the Refuse Division, was read by title only, and
laid on the table until September 4, 2001 for a second reading.
C. GENERAL FUND BUDGET FOR CODES FOR PLAN REVIEW SERVICES
AND INDUSTRIAL INSURANCE EXPENSES
An Ordinance amending the 2001 budget and appropriating funds for third -party plan
review services and additional Industrial Insurance premium charge FOR THE Code
Administration and Planning Divisions, was read by title only, and laid on the table until
September 4, 2001 for a second reading.
22. OTHER BUSINESS
Mayor Place advised that the City Manager's evaluation was conducted today,
he got a very good rating and they are happy to have Mr. Zais with the City.
• Information Items .
Items of information provided to Council were: Notice of September 5, 2001 public
hearing to solicit citizen comments on the draft Transit Development Plan and Annual
Summary Report; Notice of August 30, 2001 Railroad Grade Separations Citizen
Advisory Group meeting; Planning Division Assignments Pending Report as of August 21, 2001;
July 2001 Labor Economy Report for Yakima; and State Department of Ecology August 2001 Fact
Sheet re Elliott (Goodyear) Tire Center
23. EXECUTIVE SESSION REGARDING PENDING LITIGATION AND PROPERTY
ACQUISITION (ALLOW APPROXIMATELY 30 MINUTES)
SIMS MOVED AND -MATTSON SECONDED TO ADJOURN TO EXECUTIVE
SESSION REGARDING PENDING LITIGATION AND PROPERTY
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AUGUST 21, 2001
ACQUISITION FOLLOWED BY ADJOURNMENT TO SEPTEMBER 4, 2001 AT
7:30 A.M. FOR A STUDY SESSION ON FOLLOW -UP ACTIONS TO INQUIRY
PANEL RECOMMENDATIONS RE YAKIMA POLICE DEPARTMENT. The
motion carried by unanimous voice vote.
24. ADJOURNMENT
Following the conclusion of the Executive Session, the meeting adjourned at
4:48 p.m.
READ AND CERTIFIED ACCURATE BY: " , i / i�� !�,�/ 10 / 0/ 0
COU IL .7' R lor D A T
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oUNCIL MEMBER DA E /
ATTEST:
g,, ,,d i 4 C"�,. .
CITY CLERK MARY PLACE, MAYOR
Minutes prepared by Linda Watkins and Karen Roberts. An audio and video tape of this meeting are
available in the City Clerk's Office
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