HomeMy WebLinkAbout07/20/2004 Business Meeting 281:
CITY OF YAKIMA, WASHINGTON
BUSINESS MEETING OF THE CITY COUNCIL
JULY 20, 2004 - 2:00 P.M.
COUNCIL CHAMBERS - CITY HALL
1. Roll Call
Present:
Council: Mayor Paul George, presiding, Council Members Ron Bonlender,
Dave Edler, Neil McClure, Bernard Sims, and Mary Place
Staff: City Manager Zais, City Attorney Paolella and City Clerk Roberts
Absent: Council Member Susan Whitman (excused)
2. Invocation /Pledge of Allegiance
Council Member McClure gave an invocation followed by the Pledge of Allegiance led
by Council Member Sims.
3. Open Discussion for the Good of The Order /Special Presentation
• Mayor George acknowledged the birthdays of Council Member Place and City Clerk
Roberts.
A. Status report on prior meeting's citizen service request (if applicable)
None
4. Consent Agenda
Mayor George 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. 20 was added to the Agenda as a consent item and
Item No. 32A was added to the Consent Agenda. Item No. 16 was removed
from the Consent Agenda. The City Clerk read the Consent Agenda items,
including resolutions and ordinances by title. SIMS MOVED AND EDLER
SECONDED TO ADOPT THE CONSENT AGENDA AS READ. The motion
carried by unanimous roll call vote; Whitman absent.. (Subsequent paragraphs
preceded by an asterisk (*) indicate items on the Consent Agenda handled
under one motion without further discussion.)
Mel Moore and the Sports Commission were acknowledged for all their efforts.
Mr. Moore described the Sports Commission's three signature events; the Sports
Award luncheon honoring high school athletes, the 3 -on -3 Basketball Tournament
and the Sun Dome Volleyball Festival.
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*A. Approval of the minutes of the June 22 and July 6, 2004 Business
Meetings
The minutes of the June 22 and July 6, 2004 Business meetings were approved,
having been duly certified accurate by two Council members and no one present
wishing to have said minutes read publicly.
SPECIAL PRESENTATIONS
5. Appearance by County Auditor Corky Mattingly regarding new voting
system
Corky Mattingly, County Auditor, outlined the reasons for the changes in the
voting system and described how the new equipment is used. The primary
election is called an open private primary and you can select any partisan ballot
you would like to vote. There will be a choice of Republican, Democratic,
Libertarian, and Non Partisan. Absentee voters will receive all four ballots. They
are to select one, destroy three, and put the one selected in envelope and return.
A voting machine was on -site for demonstration purposes. Also displayed was an
e- slate. Mrs. Mattingly distributed a document listing the different requirements to
be met and shared that they were informed by the Department of Justice that there
will be federal inspectors during the November election inspecting all the polls.
Delia Chavez was introduced as the Bi- Lingual Program Coordinator. Due to
recent census information, they are now required to have at least 62 bi- lingual
workers at the polls countywide on election day. The County is loaning both bi-
lingual and computer literate employees for the day to provide those services.
They requested the City to consider loaning employees as well. Mrs. Mattingly
also requested the City to accept payroll stuffers for City employees describing
the new changes.
6. Presentation by David Jaffe, Executive Director of Harborview Medical
Center, re: Overview of medical services provided and an update on the
Medical Trauma Center construction
David Jaffe, Executive Director of Harborview Medical Center, gave an overview
of medical services provided and an update on the Medical Trauma Center
construction. Interesting points in the presentation were:
• Owned by King County
• Managed by University of Washington
• Component of UW School of Medicine
• Patient Population
• Provide over $55 million a year in charity care
• King County provides no funds for operation, but acts as a conduit (voter
approved bonds) for taxpayer dollars to update and fund capital to build new
facilities.
Johnese Spiesso, Chief Operating Officer, spoke about Harborview's role as a
regional resource as well as the building project. They have the busiest
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Emergency Department in the state and are currently at capacity. They are a
Level One facility which means they also do research and teach.
David McDonald, past President of the Board of Trustees, explained that they
came to Yakima to introduce themselves and what they do as they are here to
support us.
7. Presentation by Reverend Trimble to request that Arlington Avenue be
renamed as Dr. Martin Luther King Avenue
Reverend Robert Trimble, addressed Council with a request to honor Dr. Martin
Luther King, Jr. with a permanent memorial in Yakima. They would like to
rename Arlington Avenue to Martin Luther King, Jr. Avenue. He described how
this particular street travels from working class communities to wealthy
communities, from old to new neighborhoods, and crosses racial and ethnic
boundaries. It is a discontinuous street across the community symbolizing the
ongoing struggle for equality and justice as exemplified by Dr. King. The
dedication of Arlington Avenue would be a daily reminder of our need to work
together and truly represent the meaning of community. After discussion,
EDLER MOVED AND PLACE SECONDED TO ASK STAFF TO BEGIN THE
• PUBLIC PROCESS ON ARLINGTON OR SEE IF WE NEED TO SEEK AN
ALTERNATE STREET. The motion carried by unanimous voice vote; Whitman
absent.
8. Audience Participation
Sharon Madson and Kevin Madson, 1522 South 68 Avenue, encouraged
Council to reconsider the scooter ordinance. They would like to see it amended
to differentiate between gas and electric. They don't believe it should be
necessary for a youth to have to have a driver's license to operate an electric
scooter.
David Huycke, 318 North 25 Avenue, representing the City of Yakima
Bike /Pedestrian Committee spoke about their recent bicycle safety campaign
held in conjunction with the Greenway's Gap to Gap relay. He brought water
bottles for the. Council members.
Dr. Earl Lee, 2705 Palatine Avenue, expressed concern about the contract for
managing the Southeast Community Center being awarded to OIC. He was
advised to attend the August 3 rd Council meeting when this item will be on the
agenda for Council action.
Alene Marshall distributed the Department of Licensing rules regarding
motorized scooters and asked Council to reconsider the ordinance. She is a
responsible, scooter - riding adult, but does not have a driver's license.
Grant Erickson, 3211 River Road, also asked for reconsideration on the scooter
ordinance. He offered his assistance in researching solutions to allay Council's
concerns regarding the liability issue. He suggested a certification program for
kids 13 -14 years of age and to have the Parks Department hold the classes. He
suggested Council look at the ordinance recently passed in Pasco or Kennewick.
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JULY 20, 2004
Mayor George commented that unless there is a motion to reconsider the issue
made by a Council member who voted in favor of the ordinance, it will take effect
in early August. No motion was made.
PUBLIC HEARING
9. Public hearing on the 2005 -2010 Six -Year Transportation Improvement Plan
(TIP) and legislation to amend the Yakima Capital Facilities Plan and the
Metropolitan Transportation Plan:
A. Resolution adopting the Six -Year TIP and amending the Metropolitan
Transportation Plan
K. Wendell Adams, City Engineer, pointed out that the most important part of the
Plan is the annual element of what will be done in 2005. 2004 was a very
aggressive year, almost ten of the 52 projects on last year's plan have been
accomplished. After discussion, Item No. 31 in the Plan was modified to: 1)
extend the Englewood project from 24 Avenue to 16 Avenue; and 2) segregate
the intersection at Englewood and Powerhouse Road from this project for better
funding possibilities.
• Mayor George opened the public hearing.
No one came forward.
• Mayor George closed the public hearing.
The City Clerk read the resolution by title only; PLACE MOVED AND SIMS
SECONDED TO ADOPT THE SIX -YEAR TIP WITH THE TWO CHANGES
DISCUSSED. The motion carried by unanimous roll call vote; Whitman absent.
RESOLUTION NO. R- 2004 -103, A RESOLUTION adopting a Six -Year
Transportation Improvement Plan for the period of 2005 through 2010 for the
construction of streets and arterial streets in the City of Yakima and amending
the Metropolitan Transportation Plan.
B. Resolution amending the Yakima Capital Facilities Plan to incorporate
the Six -Year TIP
The City Clerk read the resolution by title only; McCLURE MOVED AND EDLER
SECONDED, TO ADOPT THE RESOLUTION. The motion carried by
unanimous roll call vote; Whitman absent.
RESOLUTION NO. R- 2004 -104, A RESOLUTION to amend the Yakima Capital
Facilities Plan to incorporate the Six -Year Transportation Improvement Program
(STIP) for the period of 2005 -2010.
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CITY MANAGER'S REPORTS
10. Consideration of Yakima County's request to support placing a 0.3% sales
tax ballot proposition measure on the November 2, 2004 General Election
Council Member Place reported that this item was brought before the Public
Safety Committee and they supported placing it on the ballot. The Committee
also thought it was important to let the County citizens know exactly how the
money would be spent. The Public Safety Committee would recommend that
100% of the money go to the Criminal Justice System. PLACE MOVED AND
SIMS SECONDED TO APPROVE THE COUNTY'S REQUEST AND HAVE
STAFF AND THE PUBLIC SAFETY COMMITTEE PREPARE A
RECOMMENDATION ON HOW THE MONEY WILL BE SPENT. The motion
carried by unanimous voice vote; Whitman absent.
11. Consideration of Resolution authorizing execution of agreement with
Yakima County for annexation of the Yakima County jail site
Doug Cochran, County Administrator, addressed the questions that had come up
previously on the potential of annexing the jail site.
• Code issue - the County is building under their code system that doesn't
match the City's, one example is snow loads. The understanding is that
the County will bear any liability if there is a problem in the future.
• Medical responses - because the County has a medical facility within the
jail downtown, anyone with chronic medical problems will be in that facility.
• Sales tax - it has been agreed that as a mitigation for the cost of fire
department responses, sales tax would be split 50/50 upon annexation.
• Annexation of the entire fairgrounds - rather than confuse the current
situation, they put in the agreement that this issue would be addressed in
2005.
Mr. Cochran emphasized that they are not asking the City Council to state they
support the project through this agreement. The agreement is only a method of
getting the utilities to the site.
Commissioner Palacios urged Council's support and emphasized the
Commissioners' commitment to the project.
The City Clerk read the resolution by title only; SIMS MOVED AND
BONLENDER SECONDED TO ADOPT THE RESOLUTION. The motion
carried by unanimous roll call vote; Whitman absent.
RESOLUTION NO. R- 2004 -105, A RESOLUTION authorizing and directing the
City Manager to execute an agreement with Yakima County concerning the
possible annexation to the City of Yakima of the area of the Yakima County
Fairgrounds where the Yakima County Justice Center is being constructed and
also where a major facility of the Yakima County Public Works Roads
Maintenance and Operations Division is located.
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JULY 20, 2004
Out of sequence and following the break, Wendy Hollingsworth, 1107 South
18 Street, was given the opportunity to comment on this issue. She invited
Council members to come see the jail from her perspective. It is going to affect
tourism, block views, bring panhandlers and drug users to the area, and reduce
their property values. She would like to see an audible alarm put in to help
protect the children in the area. She also suggested a fence be put around the
facility.
Sherry Crivits, 1113 South 18 Street, expressed concern about the courtyard
being left open across from her yard allowing the inmates to see her home and
her kids. She asked where can she turn to for help to get the courtyard covered,
fenced and protect her family.
Council Member Place commented that those seem like valid concerns. During
discussion it was noted that Phase 1A construction is under the control of the
County for their building permits. Any following phases will be under the City's
permit process.
12. Staff report regarding stormwater public hearing comments and
preparation for next public hearing on proposed legislation
Chris Waarvick, Public Works Director, was available for questions on the report
supplied in the Council packets. He commented that they are in the rule making
process for the permit fee structure. There have been questions about the
degree of consolidation between Union Gap, the City of Yakima, and Yakima
County. Ultimately the executive committee gave the impression and direction to
pursue limited consolidation with the door left open for future consolidation.
Council Member Place commented that this should be a regional program.
Council Member Edler said the West Side Merchants would like education on
this subject. Clarence Barnett, representing Central Washington Home Builders
at 3301 West Nob Hill Boulevard, pointed out discrepancies in the definition of
stormwater between the City, County, and Ecology. The Homebuilders support
the definition of stormwater included in the Eastern Washington Stormwater
Manual and request Council use that definition. City Manager Zais said he
thought we could accommodate that definition.
Mr. Waarvick advised there will be a public hearing on August 17 to work
toward adopting a stormwater utility. tax on the November ballot so thcy can then
be- implerented as asscssmcnts.`
PLACED MOVED AND SIMS SECONDED TO ACCEPT THE REPORT. The
motion carried by unanimous voice vote; Whitman absent.
The meeting resumed following a ten minute break to change the video tapes.
13. Report from Code Administration regarding status of legislation regulating
vacant structures
Doug Maples, Code Enforcement and Planning Manager, gave a status report
on vacant structures as requested in the April Council meeting. The vacant
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JULY 20, 2004
building master list consists of 160 locations. Thirteen have been abated, self -
imposed by the property owners following the mailing of a letter with a copy of
the new ordinance. Also provided to Council was a vacant building inspection
• report, and a sample letter to go out to the most flagrant properties explaining
that they have to be abated and why.
Council members discussed methods of prioritizing and reporting status on the
locations. Council Member Bonlender suggested a letter be sent to property
owners asking what their plans are to remedy the problem and then staff could
concentrate their efforts on the properties that do not respond. Mr. Maples
commented that once this program gets moving, the owners are going to see
that we are not going to go away, but it is going to take a little time. He
emphasized that we are not advocating demolition; rather it would be our desire
to bring the properties back into the residential or commercial stock so the
buildings could be utilized.
*14. Consideration of Resolution authorizing execution of agreement with
Yakima School District No. 7 for educational services for fire fighter
training
RESOLUTION NO. R- 2004 -106 A RESOLUTION authorizing the City Manager
to execute an agreement with Yakima School District No. 7 for educational
services for fire fighter training.
*15. Consideration of Resolution authorizing execution of agreement with
Sunfair Festival Association for tourist promotion services
RESOLUTION NO. R- 2004 -107, A RESOLUTION authorizing the City Manager
of the City of Yakima to execute an agreement between the City of Yakima and
the Yakima Sunfair Festival Association for tourist promotion services.
16. Consideration of Resolution authorizing execution of agreement with
Shockey Brent, Inc. for SEPA review of the WaI -Mart application
Council Member Edler requested a progress report for the public on what is
happening with regard to SEPA requirements and any other pertinent
information on this issue.
Bill Cook, Community and Economic Development Director, clarified that this
resolution is a request for a second amendment to a contract with Shockey
_Brent, Inc. They were hired by the City to review the environmental impact
statement the City will be putting out on the application from WaI -Mart. The City
will be reimbursed for this cost by Wal -Mart. We hope to have a draft report
from Mr. Shockey by the end of this month for our review. It will then go out for
public comment.
City Manager Zais commented that the City put out a public statement about
three weeks ago on what we felt were deficiencies in the Wal -Mart environmental
documents. They were not complete, particularly on soils and traffic. They were
told we could not go further in this process until they satisfied those deficiencies.
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The Congdon interests for developing their property are contingent on that being
done properly and any impacts identified.
Mr. Cook explained that the parties of interest will either be given a hard copy of
the draft EIS or a CD. There will then be a 30 -day comment period and City staff
will be available to answer questions and have discussion groups available to go
over it. Mr. Maples interjected that in the third week of the comment period there
will be a public meeting held at the Convention Center. After the 30 -day period,
the comments will be incorporated into the final EIS document. Then the
application process starts. Also the rezone for 64 Avenue and Nob Hill
Boulevard has to occur. It will use the final EIS to substantiate the environmental
elements of that rezone. Once that is completed, if they are successful at
achieving their rezone, then an application process starts back up for building
the store. That is a Class 2 review. We are looking at a timeframe of four to five
months.
The City Clerk read the resolution by title only; SIMS MOVED AND PLACE
SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous
roll call vote; Whitman absent.
RESOLUTION NO. R- 2004 -108, A RESOLUTION authorizing the City Manager
of the City of Yakima to execute an amendment to City Contract No. 2003 -28
with Shockey Brent, Inc., to provide for additional environmental review services
related to a new land use / rezone application regarding the possible siting and
construction of a. retail facility by the Wal -Mart Company at the general location
of the southwest corner of West Nob Hill Boulevard and 64 Avenue, Yakima,
Washington.
*17. Consideration of Resolution authorizing execution of contract with Mead &
Hunt, Inc. (Ken Brody) for consulting services related to the Airport Safety
Overlay project
RESOLUTION NO. R- 2004 -109, A RESOLUTION authorizing the City Manager
of the City of Yakima to execute an "Agreement for Airport Planning consulting
Services" with Mead & Hunt, Inc.
*18. Consideration of Resolution authorizing execution of agreement with
Carson Olafson for appraisal services related to the Washington Avenue
Project
RESOLUTION NO. R- 2004 -110, A RESOLUTION authorizing and directing the
City Manager to execute an agreement for professional services between the
City of Yakima and Carson T. Olafson for appraisal services related to the
Washington Avenue reconstruction project.
*19. Consideration of Resolution authorizing execution of agreement with
Central Washington Occupational Medicine for random drug testing
services as required by the Federal Transit Administration
RESOLUTION NO. R- 2004 -111, A RESOLUTION authorizing and directing the
City Manager of the City of Yakima to execute the Yakima Transit Agreement for
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Drug and Alcohol Testing with Central Washington Occupational Medicine
(Yakima Regional Hospital).
*20. Consideration of Resolution authorizing execution of settlement agreement
with the State Department of Transportation regarding the environmental
review process for the SR -24 Bridge Project
RESOLUTION NO. R- 2004 -112, A RESOLUTION authorizing the City Manager
to execute a Lead Agency Agreement and Settlement Agreement with the
Washington State Department of Transportation involving the environmental
review process for the SR -24 Bridge Project.
*21. Consideration of Resolution authorizing execution of agreement with
Huibregtse Louman Association for professional services related to the
proposed 84 Avenue and Hawthorne sewer local improvement district
RESOLUTION NO. R- 2004 -113, A RESOLUTION authorizing and directing the
City Manager to enter into an agreement for professional services between the
City of Yakima and Huibregtse, Louman & Associates (HLA) for design services
related to the 84 Avenue /Hawthorne Drive Sewer LID project.
*22. Consideration of Resolution ratifying an amendment to the Yakima Valley
Conference of Government Articles of Association
RESOLUTION NO. R- 2004 -114, A RESOLUTION ratifying an amendment to
Article VIII — finances of the Yakima Valley Conference of Governments
(YVCOG) Articles of Association.
*23. Consideration of Resolution approving the Second Quarter 2004 Claims
Report
RESOLUTION NO. R- 2004 -115, A RESOLUTION accepting and approving the
2 Quarter 2004 Claim Report for the City of Yakima.
*24. Consideration of Resolution declaring a fire truck as surplus property and
authorizing its disposition
RESOLUTION NO. R- 2004 -116, A RESOLUTION declaring a 1982 Superior fire
pumper truck License number D32071 to be surplus to the needs of the City of
Yakima and the Fire Department, and authorizing the sale of the truck by
whatever means determined to be appropriate by the City Manager, such as "e-
ll local auction, or sealed bids.
*25. Consideration of Resolution authorizing the sole source purchase of solar
powered school safety zone flashers from RTC Manufacturing, Inc.
RESOLUTION NO. R- 2004 -117, A RESOLUTION authorizing sole source
procurement without calling for bids from RTC Manufacturing, Inc., whereby said
entity shall provide CPRIII Pager Programmable Time Switch for solar school
zone safety flasher systems.
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*26. Consideration of Resolution authorizing the temporary closure of Yakima
Avenue between 1 st Street and Naches Avenue for a portion of September 4
and 5, 2004 to allow for a Hot Shots 3 on 3 Basketball Tournament
RESOLUTION NO. R- 2004 -118, A RESOLUTION approving the request of Mr.
Mel Moore to close Yakima Avenue between 1 st Street and Naches Avenue from
5:00 a.m. on September 4, 2004 until 7:00 p.m. on September 5, 2004 for a 3 on
3 Basketball Tournament.
*27. Reset date of public hearing on the 2004 Wastewater Facility Plan,
proposed revisions to the Wastewater Connection Charge, and subsequent
revisions to the Wastewater Connection rates and charges for September
7, 2004 at 7:00 p.m.
September 7, 2004 at 7:00 p.m. was set as the date of public hearing on the
2004 Wastewater Facility Plan, proposed revisions to the Wastewater
Connection Charge, and subsequent revisions to the Wastewater Connection
rates and charges.
ORDINANCES
28. Consideration of Ordinance amending the Municipal Code relating to
amending the procedure for amending the Yakima Urban Area
Comprehensive Plan
Ken Harper, 807 North 39 th , legal counsel to the City, gave an overview of a very
technical amendment to Chapter 16.10. The Growth Management Act allows for
comprehensive plan changes to occur more often than once a year under certain
circumstances but doesn't advise how municipalities are supposed to exercise
the authority to do those amendments more frequently. This ordinance is an
amendment to Chapter 16.10 that allows amendments to the Comprehensive
Plan more often than once a year. He then explained the process.
The City Clerk read the ordinance by title only; SIMS MOVED AND PLACE
SECONDED TO PASS THE ORDINANCE. The motion carried by unanimous
roll call vote; Whitman absent
ORDINANCE NO. 2004 -42, AN ORDINANCE concerning land use regulation
and comprehensive planning; amending the Yakima Municipal Code procedures
for amending the Yakima Urban Area Comprehensive Plan, Ch. 16.10 YMC, to
allow for amendments of the comprehensive plan more often than once per year
as provided for by RCW § 36.70A.130, and subsections thereof; amending
§16.10.020 of City of Yakima Municipal Code Chapter 16.10; and adding new §
16.10.035 to the City of Yakima Municipal Code Chapter 16.10.
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*29. Consideration of Ordinance authorizing the issuance and sale of unlimited
tax general obligation refunding bonds and limited tax general obligation
refunding bonds
ORDINANCE NO. 2004-43, AN ORDINANCE of the City of Yakima,
Washington, authorizing the issuance and sale of unlimited tax general
obligation refunding bonds of the City in the aggregate principal amount of not to
exceed $2,400,000 to refund certain outstanding unlimited tax general
obligations of the City; authorizing the issuance and sale of limited tax general
obligation refunding bonds of the City in the aggregate principal amount of not to
exceed $4,300,000 to refund certain outstanding limited tax general obligation
bonds of the City; and fixing the terms and covenants of such bonds.
*30. Second reading of Ordinance amending the 2004 budget and appropriating
funds for the Front Street PBIA banners
An Ordinance amending the 2004 budget and appropriating funds for the Front
Street PBIA banners, previously having been read by title only, was brought
before the Council for a second reading.
ORDINANCE NO. 2004 -44, AN ORDINANCE amending the 2004 budget for the
City of Yakima; and making an appropriation of $5,000 in the 163 — Front Street
Parking and Business Improvement Area (PBIA) Fund for expenditure during
2004 to improve / market the Front Street Business District.
*31. First reading of Ordinance amending the 2004 budget and appropriating
funds for 2004 fuel costs for Refuse, Streets, Parks, and other operating
divisions (No action required at this meeting; second reading scheduled August
3, 2004)
An Ordinance amending the 2004 budget and appropriating funds for increased
fuel costs, was read by title only, and laid on the table until August 3, 2004 for a
second reading.
32. Other Business
*A. Consideration of Appointment of Claire Carpenter to the
Bicycle /Pedestrian Advisory Committee
Claire Carpenter was appointed to serve on the Bicycle /Pedestrian Advisory
Committee.
Two Council members announced they were unable to attend the August 3rd
Council meeting; staff will look at the agenda for that date.
33. Continuation of Audience Participation (if needed)
Not needed
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34. Executive Session
McCLURE MOVED AND BONLENDER SECONDED TO MOVE INTO
EXECUTIVE SESSION REGARDING PROSPECTIVE LITIGATION AND
COLLECTIVE BARGAINING WITH ADJOURNMENT THEREAFTER TO JULY
27, 2004 AT 5:30 P.M. FOR A STUDY SESSION ON THE REQUEST FROM
• MOXEE FOR SEWER SERVICE. The motion carried by unanimous voice vote;
Whitman absent.
35. Adjournment
Following the Executive Session, the meeting adjourned at 5:30 p.m.
4.
READ AND CERTIFIED ACCURATE BY 1 1.-/ ` °
COUNCIL M : DATE
dei . ,6,ci e r- -0
0
COUNCI EMBER DATE
ATTEST:
g f ot,,,A ) - "/
CITY CLERK PAUL P. GEORGE, MAYOR
Minutes prepared by Linda Watkins. An audio and video tape of this meeting are available in the City Clerk's Office
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