HomeMy WebLinkAbout06/21/1988 Business Meeting 378
.. _ _ _ - - JUNE 1988
BUSINESS MEETING
. 1/4. '1. .tea ! z •
1. ROLL CALL
The City Council met in session on this date, at 2:00 P.M. in the
- - Council — Chambers - Chambers of -City -- Hall, Yakima, _. Washingtofn.. ",Mayor Pat
Berndt, presiding, Council members Clarence Barnett, Lynn Buchanan,
Lynn Carmichael, Jerry Foy and Bernard Sims present on roll call.
City Manager Zais,.City. Attorney Vanek, City Clerk .Roberts and
Deputy City Clerk Toney also present. Henry Beauchamp absent and
excused.
2. INVOCATION
The Pledge of Allegiance was led by Council member Carmichael.
3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER
Director of Community & Economic Development Glenn Rice presented
an off agenda item regarding the annexation of John I. Haas,
Incorporated property involving 65.9 acres of unincorporated-land
adjacent to the City of Yakima. He stated based upon current
County Assessors data, this property represents an excess of 10% of
the property value of the proposed annexation. John I Haas, Inc.
is requesting annexation of their property and agree to assume
their property's share of the City's existing bonded indebtedness
if annexed. The total assessed value for the subject area is
$12,905,550. He stated Dr. Rigby, Director of John I. Haas, Inc.
is present to respond to any questions Council might have. There
being no comments or inquiries by Council members, it was MOVED by
Foy, seconded by Sims, that today, June 21, 1988, be set as the
time of a meeting with the initiating parties who signed the Notice
of Intention to Commence Annexation proceedings dated 6/21/88, with
the initiating party being John I. . Haas, Incorporated.
Unanimously carried by voice vote. Beauchamp absent. It was MOVED
by Foy, seconded by Sims, that the annexation proposed by John I
Haas, Incorporated, be accepted by the City of Yakima and that the
area to be annexed be required to assume its share of the City's
existing indebtedness, and that a Notice of Intention to Annex be
filed with the Yakima County Boundary Review Board. Unanimously
carried by voice vote. Beauchamp absent.
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. It was the consensus
of the Council to add Item No. 9, as requested by Council member
Sims. The City Clerk then read the Consent Agenda items, including
resolutions and ordinances by title. It was MOVED by Buchanan,
seconded by Sims, that the Consent Agenda, as read, be passed.
Unanimously carried by roll call vote. Beauchamp absent.
(Subsequent paragraphs preceded by an asterisk ( *) indicate items
on the Consent Agenda handled under one motion without further
discussion.)
•
*5. APPROVAL OF MINUTES OF COUNCIL MEETINGS OF APRIL 26 AND MAY 10,
1988
The Council minutes of April 26, and May 10, 1988 were approved,
having been duly certified accurate by two Council members and no
one present wishing to have said minutes read publicly.
6. AUDIENCE PARTICIPATION
Angie Allen, representative of Neighborhood Against Drugs, made an
emotional plea to Council members to shut down the drug houses in
the area referred to as "the Hole." She expressed concern that
over 300 arrests have been made in that particular area for drug
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t r a ff i c ki ng, howeve s continue She encouraged Council
° to seek federal _assistance; if necessary, .to end `the drug problem.
Mayor Berndt, reported on the "status of "' _ the situation, indicating
she had spoken with County Prosecuting`Attorney Jeff 'Sullivan and
. : • was - informed that his office ' is processing all • of the
documentation "forwarded to him by the Police 'Department. Mayor
Berndt indicated 'Mr. Sullivan will take - ,the" appropriate legal •
action as soon 7 possible. She stated the City Council is
concerned about:, drug problem, pointing •out that Council
recently passed an' ordinance regarding loitering for the purpose of
selling "drugs..
Dan Snyder, 116 North6th Street, addressed Council' about the drug
i . ,: , .problem 'in the 'area known as "the Hole ",'-'commenting that drug
'buyers are driving from Seattle to purchase drugs' in'Ya'kima' because •
they can be` purchased cheaper here' Mr`:'Snyder stated,he has had a
number' of confrontations with` individuals selling drugs: and has
been " assaulted :several times, and his'life has` been'' threatened. He
'" commented the violence is increasing`,and he fears that a death will
. result "from these 'confrontations if issue ' is not resolved soon.
He commented on one` incident' in particular wherein'a subject was
arrested for loitering. Mayor' Berndt stated she is 'pleased -I to see
that' the recent loitering ordinance passed 'by the` City Council has
been helpful to the Department in instances'such as this
7. JOINT PUBLIC HEARING WITH THE YAKIMA COUNTY COMMISSIONERS ON
PROPOSED AMENDMENTS TO THE URBAN AREA ZONING' ORDINA
MATERIAL PREVIOUSLY SUBMITTED)- ,..
_ This being the tune -set ,for. { a joint. public' hearing on `the proposed
amendments to the Urban''Area Zoning Ordinance, Commissioner Chuck
Klarich "introduced '•fellow Commissioners Graham Tollefson - and Jim
' Whiteside -and `Mark Hinthorne of the County Planning' Department.
'Mayor introduced Joan Davenport, Associate: Planner and Glenn
Rice, Director of Community & Economic Development, who will be
making presentations on behalf of the City. .
Mr: Hinthorne "summarized the 'review' 'process - of of the proposed
amendments prior'to':this meeting. He 'stated when the Urban Area
. ,Zoning Ordinance was jointly, adopted by t he. City Council the
County ,Commissioners in 1 staff was instructed t o ' present
proposed amendments' annually ' for the` 'first two - years and that is
. the purpose of 'today's` meeting. He explained `that the''City and .
County' maintains a list of proposed'" amendments`"throughout the year
' which is reviewed by the Technical - Advisory' Committee and the
Regional Planning Commission. He stated on April_20th the Regional
Planning Commission held a public' hearing 'on i
'the'proposed
amendments and a recommendation' for adoption was ' - made on April
28th. Mr. Binthorne stated most of the - twenty -four: amendments are
minor clarifications to the zoning o ..however, there are
three changes he wou li to_ address. He directed attention to °
Table . 4 -1, page 10 through page 15 of 'the of .information
supplied to" Council today. Be stated some of these changes involve
adding new use's' while l others "indtease the' niunber' of" zones in which
a proposed use is permitted or change the level of review that is
required for a particular use. He said in all cases` where a change
is. . proposed, the Regional ',Planning - Commission has " recon4nended
expanding the number,of districts in which'a use Wallowed, and /or
reducing - the level of review " that is required. He stated the one
exceptibn` is on page' 15 where 'contract truck .. hauling went' from a
Class 1 to'a Class Mr: Hinthorne"stated"thesecond group of
proposed changes'are_those proposed amendments to 5-1, the
table, of development - standards'in the' zoning ordinance, and the
specific, amendment has to - do with increasing the height
• limitations in'the R -3, Professional 'Business', Large Convenience
Center and .Small Con Center zoning districts. He
' indicated these changes are `on page 20. He stated ' there` is''also a
proposal to require' larger' building setbacks when - taller buildings
are,proposed to be built next to the residential zoning districts,
and also a provision` to make building height one of
' _standards that can be adjusted" administratively: - The 'third group
of changes is related td "the' 1985 State Hazardous Waste' Management
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Act. He stated this legislation requires cities and counties to
designate''land use 'zones' in which hazardous waste'treatment and
storage would be allowed as a permitted' use, and this action has
to , be taken by June 30th, 1988. Mr. Hinthorne stated to - meet this
requirement. some hazardous waste definitions area proposed to be
included in` the` zoning ordinance and the "Regional `Planning
Commission is recommending that site waste' treatment
and'stgrage facilities be ' per`mitted as " a Class 3 "use in 'the light
. industrial and heavy industrial districts, and'"also' - that the
storage and treatment of hazardous materials, produced bn`site be
allowed" as an accessory use to the use that`is producing: those
materials in the commercial and industrial zones. Having completed
his,,review of the, proposed amendments, Mr. Hinthorne asked if
there we "re ' a ny - questions from Council members or County
Commissioners at this time Council member Barnett'asked if the
setback for the height of buildings for "solar access 'met the
general` requests of those who addressed this issue at the public
hearings? Mr Hinthorne stated it and 'further
explained the additional setbacks for tall buildings next to
residential zones.is intended primarily;'to assure and protect the • li and air in ' residential areas. He stated solar
regulations adopted by 'sane other states are more detailed than
what is contained in these amendments. Council member - Barnett
asked if' the issue of solar' access will be considered at'sote time
in the future by'staff and Mr. Hinthorne r affirmatively.
.County Commissioner Klarich stated this is a public hearing for the
purpose of allowing public testimony on the proposed amendments and
invited citizens to make their comments at this time. Mr.
Hinthorne commented the proposed amendments were reviewed with the
Technical Advisory 'Committee (TAC) 'and the Regional Planning
Commission (RPC), He stated' the proposed amendments are items or
issues prepared by the City 'or ' County Planning "staffs ' as' a result
of 'particular items' or problems that have surfaced the
adoption of the Urban Area Zoning Ordinance.
Council member Barnett asked if the 6 foot height for rear and
side yard fences also applies to hedges? Mr. Hinthorne stated the
ordinance does not address hedges unless they are in the clearview
triangle at a, street intersection ._ Mr.'Barnett asked why' the 6
foot 'height is used rather than 7 or 8 `foot: Mr. 'Hinthorne
' responded ' the 6 'foot figure has always been 'used, and
additionally, when a fence is more than `6 'foot ' high ` it becomes a
structure according, to the building code, and a building permit is
required that point.
Commissioner Whiteside, referred' to page' 6 aci 'c "that he
thinks the definition - of hazardous waste should be the -L same as
the definition contained in the appropriate statute of the RCW, and
that - "extrerriely",hazardous waste" should also be included in this
section: Associate'Planner Joan Davenport 'stated page :4 contains
the "Sta definition'of "dangerous waste. It was the consensus of
the City Council and County Commissioners to include the - definition
of extremely hazardous waste'to the _ first paragraph on page 6.
•
On a' different' subject Mayor Berndt stated she is 'still not
comfortable with listing Bed and Breakfast as a boarding house on
a permanent "and semi- permanent basis. She stated the Chamber of
'Commerce is" trying`to' promote Bed and Breakfast "establishments and
the Class ," 3 use ' in a R -1 zone makes - this difficult for people who
would Tike to operate a 'Bed'and Breakfast '`'in their. homes. She
asked if. staff ' has investigated how other communities
that are capitalizing on Bed and Breakfast establishments have
• - dealt with this 'issue? Ms, Davenport stated'staff did not delve
into `this issue: - A brief discussion ensued regarding'' the' number of
guests a Bed and Breakfast' establishment may lodge prior to a
Class1 being' required.' Commissioner Klarich stated he
thinks this issue needs to be studied further by'staff.
;There being no one' present to comment ' on the proposed' amendments,
Commiss ' Rl a rich declared the public hearing closed.
A brief discussion ensued regarding setting the 'date' for the
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adoption of the proposed amendments . and it was - the consensus of.
both entities to adopt the ordinance on,zuly_12,,J988. It was
MOVED by Whiteside, seconded by Tollefson, to continue the public
• . hearing,;:t0.July .;_12th at 10:00 a.m. H Klarich .concurred„, It was
MOVED by Foy,„ seconded by Sims, to.concur. adoption of the
ordinance of July 12, 1988. UnanimouSli carried by voice vote.
Beauchamp absent. !, :
8. CONSIDERATION OF A. RESOLUTION,REGARDINGHAZARDO0S VEGETATION AND
DEBRIS ABATEMENT PROGRAM ,y
' .
_Code-Enforcement Manager Bob Shampine statedhe had nothing to add
the 'report and-knowsof no one present .to address this_ issue.
Resolu6.on• D-507 having been read by, title,, it was Foy,
seconded by Sims,, to adopt the resolution. Unanimously carried by
roll call vote. 'Beauchamp absent.
,
, • RESOLUTICN .NO. D-5467, . A RESOLUTION authorizing the Code
Administration Manager to clear certain weedy lots.
*9. • .CONSIDERATION OF RESOLUTION AUTHORIZING EXEQUTION'OF-INDUSTRIAL
• wrASTBAGREEMENT WITH TREE TOP,.
RESOLUTION NO D-5468,,ARESOLUTION. authorizing ) the City. Manager
and City Clerk of the City of Yakima to execute an agreement with
Tree - Top Corp. ofSelah, Washington, industrial service.
* 10. REPORT FROM CODE ADMINISTRATION DIVISION REGARDING 1988 UNIFORM
_CODES!UPDATE•AND RECOMMENDATION OF APPROPRIATE FEE ADJUSTMEN75
The staff report regarding 1 Uniform .Codes -; update and fee
adjustments and recommendation to direct staff to prepare
_ordinances to adopt 'the 1988 Edition of the Uniform Codes and
appropriate fee adjustments, was approved. , 2
* 11. REPORT; FROM CODE . DIVISION _REGARDING REQUEST FOR
PROPOSAL '10 :.EVALUAIE' :CITY HALL ANTEBH SYSTEM
REPLACEMENT
The staff report regarding the City Hall water distribution system
, ! _ , a nd. recommendation, to- direct .staff to . prepare - a , Request For
Propoeal,.was,accepted,, , . _ • • •
• . • . , • •
* 12. CONSIDERATION OF RESOLUTION,ADTHORIZING EXECUTION OF AMENDMENT TO
CONTRACT WITH•JUMP, HUIBREGTSE & ASSOCIATES ON THE NOB HILL BLVD.
PROJECT •
•
, . • •
RESOLUTION NO. D-5469, A RESOLUTION authorizing the City Manager
and. City Clerk:of.the to execute Wdendm. #1 to the
agreement with Jump,, Huibregtse Associates, Inc.. for additional
. • professional engineering. services,
, , . •
III II/ *13. . CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT FOR • • .LEASE OF PROPERTY TO WESTERN MATERIALS, INC. .. •
RESOLUTION NO. D-5470,.•A.RESOLUTION. authorizing and-directing the
_
City. ,Manager and City Clerk -of the city.pf to execute a
_ lease•agreement,with.Western Materials, Inc f
*14.. CONSIDERATION . OF RESOLUTION AUTHORIZING SALE, OF SURPLUS POLICE
VEHICLE • . •
RESOLUTION NO,A,D1 IV RESOLUTIO14_authorizing the sale of a
• surplus,police-cartoLthe City of Moxee.
*15. CONSIDERATION:=CF.RESOLUTION. DECLARING SURPLUS PROPERTY AT KIWANIS
.,RESOLUTION NO D-5472 &RESOLUTION declaring thei,Kiwanis Park
_house surplus, of' no. value, and authorizing its disposal, hrough
Urban•HomeSteading.Program. ,
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*16. Sr E` DATE - OF •PUBLIC HEARING' FOR JULY 26, 1988 =ON THE 1989 -1994 SIX
YEAR TRANSPORTATION IMPROVEMENT PROGRAM --
July -26, 1988.was'set as the. date of public hearing on the 1989-
1994 Six'Year Transportation Improvement Program:
*17. REPORTS FROM TRAFFIC ENGINEERING DIVISION:
A. REQUEST FOR PARKING PROHIBITION ON WEST SIDE OF 30TH AVENUE,
FROM TIETON DRIVE TO 250' NORTH OF TIETON DRIVE
The'-staff report regarding a request for parking prohibition:on the
-west side of 30th- Avenue from Tieton •Drive . to =' feet north of
Tieton Drive, and recommendation to refer to the Legal Department
for preparation .of- an ordinance approving the request, was
accepted.
' B. REQUEST FOR PARKING PROHIBITION ON THE SOUTH SIDE OF ARLINGTON,
FROM 41ST AVENUE TO 42ND AVENUE • -
The staff• report regarding a request for parking prohibition'on the
south side of Arlington,. from 41st Avenue to 42nd Avenue, and
recommendation to refer to the Legal Department for preparation of
- an ordinance- approving the request, was accepted.
C. REQUEST FOR- AMID- BLOCK CROSSWALK ON "B "- STREET, BETWEEN THE
COUNTY COURTHOUSE AND THE PARKING LOT TO THE NORTH
The staff report for a mid -block crosswalk on "B" Street, between
the County Courthouse and the parking lot to the north, and
recommendation to deny the request, was accepted.
* 18. - CONSIDERATION OF RESOLUTION GRANTING PERMITS FOR THE RETAIL SALE OF
FIREWORKS FOR 1988.
RESOLUTION NO. D -5473, A RESOLUTION granting permits for the retail
sale of fireworks within the City of Yakima for 1988.
* 19. PRESENTATION OF .1989-1991 HOUSING ASSISTANCE PLAN /
The staff report and recommendation . /to apprbve '-the 1989 -1991
Housing Assistance Plan, and authorize staff to- proceed with the
submission .of the Plan to HUD (U. S. Department of Housing and
Urban Development); was approved. • •
20. CONSIDERATION OF AN ORDINANCE AMENDING THE HOURS OF OPERATION FOR
MUNICIPAL PARKS FROM CLOSURE AT MIDNIGHT TO 10:00 P.M.
' Public Works Director Copeland stated the Parks and Recreation
Commission - received several. requests from citizens who feel that
there are inappropriate activities occurring' in the parks during
the evening hours and after dark. He stated that this has been
discussed with Police .Department officials andit is believed
that closure of the park's at 10:00 P.M. will be helpful in curbing
some of these activities. Council member Sims commented that he
-MS a lot of people out at 5:00 A.M. walking or jogging in
the parks and inquired if these people will • be in violation of the
ordinance. City Attorney'Vanek stated the ordinance reads the park
will be closed from 10:00 P.M. to 6:00 A.M. of the following day, .
therefore,— people in the park prior to that time would. be- in
violation of the ordinance. However, Mr. Vanek' pointed out that
if they are walking or jogging on the sidewalk, they are on the
public right -of -way and would not be in violation of the ordinance.
Council member Foy stated many- softball-tournaments run past the
10:00 P.M. curfew and asked if any provision has been made for such
• activities in the City parks? Mr. Copeland the ordinance
excludes park sponsored or•approved activities within City parks.
Council member Barnett interjected that the public address system
at Franklin Park can be heard until close to. midnight during many
of the activities' occurring there. City-Attorney Vanek - pointed out
that before anyone cam be arrested for-violation of the ordinance
they have to be warned by the Police Department that they are in
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JUNE 21,'
violation of 'the'Hbrdinance, and if they refuse' =to' leave the
premises' they -are subject to arrest. 'Ordinance No. 3103 having
been read by title, " it'was MOVED by Carmichael, seconded -by :.Sims,
to approve the ordinance. Unanimously 'carried'by'roll'call'!vote.
Beauchamp absent.
ORDINANCE NO. 3103, AN ORDINANCE relating to parks and playgrounds;
Changing park curfew time;' and amending Section 13.20.030 of the
City of Yakima Municipal'Code and declaring -an emergency'
21. CONSIDERATION OF'-AN ORDINANCE ` AMENDING THE 1988 'PARKS CIP BUDGET
AND APPROPRIATING FUNDS FOR 'IMPROVEMENTS TO LIONS POOL, I.E. SPA
• (SECOND 'READING:)
•
An ordinance appropriating funds for improvements to _Lions Pool,
'having been -read by' -title only at-the previous meeting, was. brought
before `the Council' for a- second. reading -
There being no discussion" oh' the ordinance;:• -and the•ordinance
• having been read by title, it was MOVED by Sims,'seconded by
Buchanan, to pass the ordinance. Motion 'failed° by•'4 -2 - 'roll call
vote. Barnett and Foy voting nay. Beauchamp absent. (Note: A
super majority vote is necessary for passage 'of- an appropriation
ordinance.)
*22. CONSIDERATION'` OF ` "AN'*ORDINANCE AMENDING'•'-THE 1988 BUDGET AND
'APPROPRIATING -FUNDS FOR ELECTION:EXPENSES-"(SECOND READING)
An Ordinance appropriating funds for the 1987 Primary and General
Election and the March 1988 Special election, having been -read by
title only at the previous meeting, was brought before the Council
for a = second reading.
ORDINANCE NO. 3104, AN ORDINANCE amending the 1988 budget for the
_ City of Yakima; and making •an appropriation of $37,955 in the
• General:LFund during._:1988 for election' costs:
* 23. CONSIDERATION OF AN ORDINANCE AMENDING THE 1988 BUDGET AND
APPROPRIATING FUNDS -FOR AN ARTSVAN PROGRAM (FIRST READING)
.
An ordinance appropriating funds for an Artsvan Program, having
been read by title only, was laid on the table for three weeks or
until July 12, 1988.
24. OTHER BUSINESS _ _ .. _- . _ _ - ....?.._
Mayor Berndt asked Aquatics Supervisor Glenna Thon if complaints
have been received about the cost of using the pool because of the
limited session.''- Mayor Berndt 'stated she has 'received complaints
that $2.25 is excessive for an hour of swimming for an adult. Mrs.
Thon responded there are a number of_ sessions which vary from an
hour to two hours, and stated she has not received any complaints
about this arrangement or swimming fees.
•
City Manager Zais announced the need for a short executive session
regarding prospective litigation following the Council meeting.
Mr. Zais distributed a draft of the interlocal agreement between
the City, the School District and the County for the Coalition for
the -War on Drugs. He stated an ordinance is being prepared to
•
create funding 'for 'the Coalition as well as an apropriation
ordinance that will allow for payment' of expenditures for the
Coalition. Due to the fact that the agreement has not been
executed, and the ordinance has yet to be passed by Council, Mr.
Zais stated he is seeking approval today from Council to pay the
outstanding expenditures related to the drug coalition's
g Pe 9
activities. A brief discussion ensued regarding the payment of
these expenditures, after which it was MOVED by Buchanan, seconded
by Sims, to authorize payment from the existing funds -with '
concurrence from the other two entities, and if there is a problem
it can be corrected later. Unanimously carried by voice vote.
Beauchamp absent. Council member Foy asked if Council members will
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JUNE 21,.1988 •
be receiving, a copy of the budget. and Mr. Zais- .responded
affirmatively.: Council ,member Barnett asked if the document says
that the three bodies must approve • the.budget.and Mr. Zais stated
. that, is _correct.
Information Items:
Items ,of„ information, supplied to Council were: Memo from the
Assistant City Attorney regarding Police Department Letter to
Landlords Pursuant to S.H.B. 1445. 6/16/88; Meeting Notice of
Joint Select Committee on Water Resource Policy scheduled for June
29, 1988; Letter from District Court ,Administrator.: regarding
notice of request for renegotiation of District-Court Filing Fee
Agreement. 6/10/88; Agenda for the June 8, 1988 Sunfair Board
meeting and minutes,of its May 4, 198 meeting;., Minutes of the
May_.19 _& 25, 1988, Yakima Air - Terminal Board meetings; Minutes of
the May '9 & 18, 1988, Parks and, Recreation Commission meetings; III
Minutes of the May 17, 1988 Yakima Center Advisory Commission
meeting and May 1988 monthly, report; and for.,the•June 22,
1988 Yakima Urban Area Regional,•Planning Commission meeting and
minutes_of its.April 20, 1988_meeting.... _ .
.
25, EXECUTIVE . SESSION - .
It was MOVED by Buchanan, seconded by Sims, to move into Executive
Session for •approximately twenty minutes for ..the purpose of
discussing prospective. litigation and adjourn immediately
thereafter. Unanimously carried by voice vote. Beauchamp absent.
}_
26. ADJOURNMENT -
Following the completion of the executive,. session,, the meeting was
adjourned at the hour of 3:30 p.m.
. . - ..,, ..... • .. . i READ AND CERTIFIED ACCURATE.B / !
CO , %' L M : 4 "'" IY.T
COU NC • MEMBER DATE
ATTEST: . - .1-.. _ • 1. - - ' • .
/.6 ,,d gc5---(Le,.. c,(ut ,Ze,,,,,,,fei- .
CITY CLERK MAYOR
Minutes prepared by Deputy City Clerk, Barbara J. Toney, CMC. •
. .
.... . • , JUNE 28; 1988. ,
No Council meeting was held on this date as there was a lack of a quorum due
to Council members= attending the •Association of Washington Cities :Conference.
; .
- -., , Karen,S. Roberts, City Clerk
, .
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