HomeMy WebLinkAbout12/19/1989 Business Meeting .369
• DECEMBER 19, 1989
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 Pat Berndt,
presiding -, Council members Clarence Barnett, Lynn Buchanan, 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. Council member Henry Beauchamp present at 2:04 P.M.
2. INVOCATION
The Invocation was given by Council member Foy.
3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER
Mayor Berndt, Council members and City Manager Zais expressed their
appreciation to Council member Foy for the years he has served as a
Council member for the City of Yakima, and wished him good luck in
his future endeavors.
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 that Item No. 9 be added, and Items Nos. 10, 13 and 17 be
removed from the Consent Agenda. The City Clerk then read the
Consent Agenda items, including resolutions and ordinances by title.
It was MOVED BY FOY ' SECONDED." BY ` SIMS,: 'THAT'° THE CONSENT AGENDA, AS
READ, BE PASSED. The' motion carried by a 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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5. AUDIENCE PARTICIPATION
Rick Chasteen, Administrative Director of the Good Samaritan Health
Care Center located at 702 North 16th Avenue, asked Council to
install a traffic signal light or a pedestrian crosswalk at 16th &
Jerome Avenue, due to the number of accidents involving children at
that location. Mr. Chasteen stated there has been three accidents in
the past five months, all involving children. It was pointed out
that the Housing Authority is located across the street from the
Good Samaritan Health Care Center and there are 46 units in that
development with a number of children living there. Mr. Chasteen
stated there is approximately one accident a month at that particular
intersection. It was the decision of the Council to refer this to
the Traffic Engineering Division and request a full report be
brought back to Council. Mr. Chasteen submitted to the City Clerk a
petition bearing 306 signatures asking for a traffic signal or a
crosswalk at 16th Avenue and Jerome.
6. PUBLIC MEETING ON HEARING EXAMINER'S DECISION PERTAINING TO REZONE
REQUEST BY MARVIN SWAINSON FOR PROPERTY AT "I" STREET AND NORTH
FIRST STREET
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Associate Planner, Joan Davenport, reviewed the staff report stating
this is a rezone for approximately .9 acre in the vicinity south of
"I" Street between 1st and 2nd Streets. The applicants are asking
to rezone the property from Multi- Family Residential (R -3) to Central
Business District Support (CBDS). The staff is recommending approval
of the request; the Hearing Examiner heard the issue on November
1st, 1989 and recommended approval, as well. Mayor Berndt opened the
public hearing for testimony in favor of the request. Harold Amos,
owner of the property just south of the proposed rezone, spoke in
favor of the rezone. There was no one present to speak in opposition
of the rezone. Mayor Berndt closed the public hearing and asked
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DECEMBER .19, 1989 3'10
Council members ..to make a declaration of contact ;' there had been
none. It was MOVED BY . FOY, .SECONDED" BY SIMS, ' TO ACCEPT THE HEARING
EXAMINER'S ON 111E" 'FACTS AND FINDINGS.* The motion
carried by a unanimous voice vote.
7. PUBLIC MEETING ON THE APPEAL BY TIGER BIN MINI -MART ON THE HEARING
EXAMINER'S DENIAL FOR AN ADDITIONAL FREESTANDING SIGN
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Associate Planner Joan Davenport highlighted the content of the
application stating, Mr. & Mrs. John Kincheloe own the Tiger Bin Mini
Mart located at 1808 North 1st Street, the property is zoned CBDS,
and contains an Exxon Gas Station. The uses were separated in 1981
creating a multiple use situation. The property is owned by Tiger
. Oil which is an Exxon distributor. Mrs. Davenport stated Chapter 8
of the Zoning Ordinance regulates the sign placement. There are
currently two free standing signs on the property; a 60 feet freeway
sign and a multiple use sign. In April of this year Exxon Oil
obtained a sign permit allowing them to remove the multiple use sign
and replace it with another free standing sign. This is a Class I
action and the Code Administrator granted the request_ under the
condition that the multiple use sign would be removed, leaving two
free standing signs. The Exxon portion of the sign has been removed,
however, the sign post is still in place and Mr. Kincheloe prevailed
in leaving his portion of the sign in place until this action is
finalized by Council. At this point, there are three free standing
signs there and the Kincheloes have asked that the situation
remain status quo, leaving the portion of the free standing sign that
was cut off there. A public hearing was held by the Hearing
Examiner in June and staff recommended denial of the third free
standing sign which is actually the old sign. A new sign, which is a
wall sign, was put up in April. The third sign is on the frontage •
of 1st Street and is used basically to display Exxon products.
Staff recommended removal of the old sign and the Hearing Examiner
upheld that recommendation. That decision was subsequently appealed
to the City Council and a hearing was held in which the issue was
remanded to the Hearing Examiner. The Hearing Examiner held another
public hearing on October 4th in which he reaffirmed his previous
decision. Mrs. Davenport stated this is an appeal of the Hearing
Examiner's denial of the sign.
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Mayor Berndt opened the public meeting, asking those wishing to speak
in support of the sign do so at this time. Jim Lust, 405 North 3rd
Street, Attorney representing the Kincheloes, pointed out that
Mr. & Mrs. Kincheloe were ndt given an opportunity to address this
issue at the initial hearing. He stated if they had been, perhaps
the outcome would have been different. Tiger Oil .made the
application for the new sign and permission was granted by the Code
Administration Manager, provided the old sign was taken down. He
explained that the original sign was jointly owned by Tiger Oil• and
the Kincheloes, but the pole was owned by Exxon /Tiger Oil. The
readerboard sign belongs to the Kincheloes, who have invested $2,142 -
in the sign. The Kincheloes are concerned that removal of the sign
will have an adverse impact on their business because the Tiger Bin
Mini Mart will not be as visible to the public. The Exxon station is
only open until 10:00 P.M., whereas, the Tiger Bin Mini Mart is open
24 hours a day. When the Exxon station closes at 10 :00 P.M. the sign
is turned off, leaving the Tiger Bin Mini Mart virtually in the dark
as it is situated on the back of the lot. Mr. Lust stated the
location of the sign, with'the readerboard and the light on, is an
indication that the store is still open for business. He stated
Exxon will allow Mr. & Mrs. Kincheloe to place a bar sign on the
existing sign, but there would be no readerboard and the sign would
be _turned off after 10:00 P.M. He stated because the Kincheloes
were not a party to the original proceeding, there was nothing they
could appeal and had to request an administrative adjustment on their
behalf. He stated they are asking Council to allow the original sign
to stay in place for the benefit of their business. Following a
• brief 'discussion of the issue, Mayor Berndt asked if there was anyone
else present to speak in favor, or in .opposition to;' the sign and
there was no one. Mayor Berndt asked that Council make a declaration
of contact regarding this issue and no one had been contacted. Mayor
Berndt then asked for Council direction and it was MOVED BY BARNETT,
3 / DECEMBER 19, 1989
SECONDED ' BY BEAUCHAMP, ... THAT.. WE UPHOLD THE (APPELLANT, - 'AND.' ALLY THE
SIGN THROU THE ADMINfiSTRATIVE ADJUSTMENT. The""inotibh carried by a
4 -2 voice , vote; Berndt 'and Sims'• voting" nay ` City Attorney Vahek
asked those Council members voting in favor of the motion to state
their reasons for the record. Council member Barnett stated it is
his understanding that an administrative adjustment can be made
with the procedures of our ordinance and he feels that a strict
interpretation of the ordinance, without such an adjustment, would
hinder the ability of the person to make a living. Council member
Foy stated he made his decision on the basis that he thinks sometimes
government is too strict and not compassionate enough to understand
that it's not just government law that caused this situation; it is
lots of things. He stated he feels we should not be so restrictive
when we are trying to promote economic development in our community.
Council member Buchanan stated he feels it is an injustice to allow
two signs for one company and no sign for the other company and we
need to allow the other company a sign advertising their business.
Council member Beauchamp stated he feels the Kincheloes got caught, in
a very unnecessary predicament and that they have a business in which
they are being forced to operate without signage after 10:00 P.M. He
stated their traffic base comes from the passing public and he feels
it was wrong for Exxon and Tiger Oil to treat them this way.
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8. CONSIDERATION OF RESOLUTION ADOPTING A SUBSTANCE ABUSE POLICY FOR THE
CITY OF YAKIMA
Police Chief Green stated he is pleased to present this Substance
Abuse Policy which is a result of a joint management /labor committee
that was set up in April of last year at the request of the City
Manager. He said the committee was to develop a substance abuse
policy to comply with the federal requirements adopted in 1988 to
provide a substance free :work place. Chief Green stated the
committee solicited a number of other substance abuse policies
currently in effect throughout the country; reviewed those and
developed a rough draft which was later refined for submission to
Council. Council is being asked to adopt this policy effective
January 1, 1990. He stated under this policy, no employee will be
disciplined prior to receiving training due to the nature of the
job. The Personnel Department will implement training, beginning with
Management /Supervisor personnel, and hopefully, by May 1st every City
employee will be trained as to the Substance Abuse Policy. Chief
Green stated certain positions have been identified on Attachment "A"
for pre - employment screening. An Employee Assistance Program (EAP)
will also be established by May 1st. Chief Green expressed
appreciation to those who assisted in the development of this
program. Mayor Berndt commended Chief Green, City Manager Zais, and
other staff for the manner in which this issue has been handled to
insure that the employees understand that the goal is for them to
have a more productive place to work and confidential assistance if
needed. Discussion ensued regarding prescribed drugs that might
cause drowsiness versus the over -the- counter drugs that produce the
same effect, with Council member Barnett asking why the non-
prescription drugs were not included. Chief Green responded that the
policy is intended to address prescription or controlled drugs. He
conceded that many over - the - counter medications may cause the same
effect, but added that if there is a logical, reasonable explanation
for an employee to be taking medication, whether it is prescribed or
over -the counter, an employee will not be subject to disciplinary .
action under this policy. Irl the discussion that followed, Mayor
Berndt stated in the future she would like to see employees who work
with children included in this program. Council member Sims
applauded the efforts of those who worked on this policy, stating he
views it as a very positive policy. Bob Desgrosellier, 1512 S. 3rd
Avenue, President of Local 1122, reiterated comments made by Chief
Green, adding that the main statement he would like to make is that
the Union feels the policy, at best, rests on the Employee Assistance
Program. Following further comments, and Resolution No. D -5663
having been read by title, it was 'MOVED BY' BUCHANAN, `SECONDED BY •
SIMS, TO ADOPT THERESOLUTION. .
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DECEMBER •1989 .3 72
. RESOLUTION NO. D- 5663,. A RESOLUTION .adopting the City of Yakima
• t Policy onSubstance Abuse in the Workplace.
*9. APPROVAL OF FINAL CONTRACT PAYMENT FOR POOL BOND.ISSUE 'PROJECTS --
ALSO SEE STAFF REPORT FROM PUBLIC WORKS (STANDARD MOTION V B,.ACCEPT
CONTRACT AND APPROVE FINAL PAYMENT)
The report submitted by the Department of Engineering and Utilities,
regarding the Final Contract Payment for Sevigny Construction, Inc.
for Franklin/Washington Pool Renovation, and the staff
recommendation to accept the project and approve the attached final
estimate, was placed on the Consent Agenda and approved as
submitted.
10. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF SECOND AGPLEX
MODIFICATION OF CONVENTION CENTER AGREEMENT FOR SUNDDME BONES
Phil Pleasant, 701 South 7th Avenue, asked how this bond issue will
impact him over the next twenty years? Council member Foy responded
that the bond issue is actually an assessment to the citizens of
Yakima for the construction of the SunDome. Secondly, part of the
impact comes from the hotel /motel tax which the hotel /motel owners
• have agreed to assess themselves. He explained that the City made a
decision to give up the 4% on the hotel /motel tax so those funds can
be used for construction of the SunDome. City Manager Zais stated
the City has already made a commitment to pay additional debt service
costs to be used for the SunDome construction, and this is the
final legislation to allow that to .happen..,Mr..Pleasant stated ,he
would like to know `the 'dollar amount he will have to pay.,as, a
business man for a license and how much more will he have to Pay as a
property owner. Mayor'Berndt stated it will not affect his property
tax, but it has resulted in a 50% surcharge on his business license.
Mr. Zais stated this is the second tier of increases for the SunDome.
He explained that the first year the funds were from the increase in
the business license fees two years ago, and the remainder is from
Public Works Trust Fund monies from the State of Washington, which is
derived from the real estate transfer tax from the sale of real
estate. Mr. Pleasant asked if he pays this tax every time he
transfers property and Council indicated that is correct. Resolution
No. D -5664 having been read by title, it was.MOVED "BY. FOY, SECONDED
BY SIMS, "THAT THE "'RESOLUTION 'BE ADOPTED. The motion carried by a
unanimous voice vote.
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RESOLUTION NO." D , A RESOLUTION authorizing execution of a
Second Agplex Modification of Convention Center Agreement.
*11. CONSIDERATION OF RESOLUTION AUTHORIZING AMENDMENT TO THE GRANT
AGREEMENT FOR FEDERAL ASSISTANCE FOR YAKIMA AIR TERMINAL
IMPROVEMENTS
RESOLUTION. NO. D -5665, A RESOLUTION authorizing, ratifying, and
adopting an amendment to the grant agreement for federal assistance,
between the Federal Aviation Administration and the Yakima Air
Terminal Board for project number 3 -53- 0089 -10.
*12. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH
YAKIMA COUNTY AND AREA AGENCY ON AGING FOR A PREVENTATIVE FOOTCARE
PROGRAM FOR SENIOR CITIZENS
III RESOLUTION''NO. D- 5666, A RESOLUTION authorizing and directing the
City Manager and City Clerk of the City of Yakima to execute an
agreement with •the County of Yakima, Area Agency on Aging, for a
Geriatric Footcare Program.
13. CONSIDERATION OF RESOLUTION SETTING DATE OF PUBLIC HEARING BEFORE THE
HEARING EXAMINER FOR JANUARY 17, 1990 ON THE VACATION OF PORTION OF
ALLEY BETWEEN NO. 5TH AND 6TH AVENUE, ON "I" STREET, AS REQUESTED BY
CREST LINEN .
Council member Barnett pointed out that the date on the resolution is
different from that on the agenda sheet, and asked which is the
correct date. Staff indicated the correct date for the public
373 DECEMBER 19, 1989
hearing is January 17, 1990. Resolution No. D-5667 having,,been read
by title, it was MOVED BY 'FOY,' SECONDED D'AM "BUCHANAN; ' THAT - THE
' RESOLUTION `BE "ADOPTED'.: The motion carried'by a unanimous roll call
vote.
RESOLUTION NO.:D 5667,'A RESOLUTION fixing a time for public hearing
on Petition No. 1079 to vacate that portion of the alley located
between North Fifth and North Sixth Avenues, consisting of 250 feet
from "I" Street southward.
The date of hearing before the Hearing Examiner is set for January
17, 1990.
*14. APPROVAL OF SEPTEMBER AND OCTOBER 1989 TREASURY REPORTS
The September and October 1989 Treasury reports were accepted. '
*15. APPROVAL OF NOVEMBER 1989 BUDGET REPORT
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The November 1989 Budget report was accepted.
16. CONSIDERATION OF ORDINANCE ADOPTING THE CITY OF YAKIMA BUDGET FOR
1990
• City Manager Zais stated this is the completion of the 1990 budget
process and includes all of the. budget policy issues and material
acted upon on December 9, 1989. He stated the 1990 budget is
$59,637,764, an increase of 0.5%. The ordinance having been read by
title, it was. MOVED 'BY' FOY," SECONDED. BY `SIMS,° :THAT" :THE °ORDINANCE BE
PASSED.. The motion .. carried by a unanimous roll call vote.
Council Barnett indicated he was voting in favor of the ordinance,
however, that does not mean he supports all of the policy issues
approved by Council. City Manager Zais thanked the Council for
another successfully completed budget process.
'ORDINANCE NO. 3226, an.ordinance adopting a budget for the City of
Yakima, Washington, for the year 1990; and making appropriations for
estimated expenditures.
17. CONSIDERATION OF AN ORDINANCE RELATING TO OCCUPATION TAXES ON WATER
SUPPLY BUSINESSES AND IMPOSING A TAX IN THE AMOUNT OF ,6% OF TOTAL
GROSS INCOME COMMENCING JANUARY 1, 1990 AND 12% OF TOTAL GROSS INCOME
COMMENCING JANUARY 1, 1991 .
City Manager Zais explained that Council was provided with a
substitute ordinance which indicates this tax relates to potable
water and not irrigation water providers.
Preston Shepherd, Manager of the Nob Hill Water Association, stated
he has been advised that it is important for him to point out why an
exception should be made for Nob Hill Water Association in regard, to
this tax. He read a portion of the RCW 84.36.250 which relates to
water distribution property owned by non - profit corporation or
cooperative associations which reads "the following property shall be
exempt from taxation: all property, whether real or personal,
belonging to any non - profit corporation or cooperative association
and used exclusively for the distribution of water for ,its
shareholders or members ". Mr. Shepherd stated he has spoken with the
County Assessor regarding this issue and he (the County Assessor)
believes that because Nob Hill Water Association does not rent any
property, or have any fund raising activities that would place them
in a taxable position, therefore, they should not be taxed. Terry
Brooks, Attorney for Nob Hill Water Association, addressed Council
regarding this issue. He reiterated Mr. Shepherd's statement that
Nob Hill Water Association is tax exempt under RCW 84.36.250, adding
that no present legal authority has been presented to Council to
justify imposing a Business and Occupation (B & 0) tax on Nob Hill
Water Association. He stated, under state law, there is no tax that
can be imposed on Nob Hill Water Association. Mr. Brooks stated
even if that was not the reason, there is no specific reservation of
the right to impose a tax such as a B & 0 tax, a license fee or a
tax. Mr. Brooks stated he hopes the City will not enact the
DECEMBER:19, 1989
37
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ordinance, or consider deferring its enactment, and proceed with a
declaratory judgement act in Superior Court which could be resolved
expeditiously and would avoid a tremendous amount of expense to the
City and Nob Hill Water Association. City Attorney Vanek commented
that Council has received a memorandum from Mr. Knox, of Preston,
Thorgrimson's office, (the City's legal counsel) which addresses most
of the issues raised as to the legality of the tax. He stated it is
the opinion of the City's legal counsel that the City has the
authority to enact the tax, therefore, the proposed ordinance has
been drafted and submitted for Council's approval. Ordinance No.
3227 having been read by title, it was MOVED BY BUCHANAN, SECONDED BY
FOY, 'TO PASS THE ORDINANCE. The motion carried by 5 -1 roll call
vote; Barnett voting nay because he objects to the 12% increase in
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tax for 1991. He stated he also feels this violates the traditional
policy of not imposing a Business and Occupational tax, and primarily
because he thinks it should be in the classification with the other
non -city utilities.
ORDINANCE NO. 3227, an ordinance relating to licenses and business
regulations; relating to occupation taxes on water supply businesses;
imposing a tax, establishing rates, noting referendum procedure, and
' adding Section 5.50.060 as a new section of the City of Yakima
Municipal Code.
*18. CONSIDERATION OF AN ORDINANCE MAKING ADJUSTMENTS TO THE REFUSE RATES
FOR 1990 •
ORDINANCE NO. 3228, an ordinance relating to health and sanitation;
increasing refuse' charges; and amending Subsections 4.16.140C and
4.16.140E of the City of Yakima Municipal Code.
*19. FIRST READING OF AN ORDINANCE AMENDING THE 1989 BUDGET AND
APPROPRIATING FUNDS FOR TOURIST PROMOTION (NO FORMAL ACTION REQUIRED
AT' THIS MEETING)
An Ordinance appropriating' funds into the Tourist Promotion - . 'Fund,
having been read by title only, was laid on the table until 'January
12, 1990. •
*20. SECOND READING OF AN ORDINANCE AMENDING THE 1989 BUDGET AND
APPROPRIATING FUNDS INTO THE HEALTH BENEFIT RESERVE FUND
An ordinance appropriating funds into the Health Benefit Reserve
Fund, having been read by title only at the previous meeting, was
brought before the Council for a second reading.
ORDINANCE NO. 3229, an ordinance amending the 1989 budget for the
City of Yakima; making appropriations for Employee Health Benefit
Reserve costs from Unappropriated Fund Balances within various Funds
for expenditure during 1989.
*21. SECOND READING OF AN ORDINANCE AMENDING THE 1989 BUDGET AND
APPROPRIATING FUNDS INTO THE WAR -ON -DRUGS FUND
An ordinance appropriating funds into the Coaliton for the War On
Drugs Fund, having been read by title only at the previous meeting,
was brought before the Council for a second reading.
ORDINANCE NO. 3230, an ordinance amending the 1989 budget for the
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City of Yakima; and making an appropriation of $35,000 in the
Coalition for the War on Drugs Fund for expenditure during 1989 for
Drug Prevention, Education and Intervention Programs.
22. OTHER BUSINESS
There was discussion about Council member Barnett representing the
City Council on the SunDome Committee. It was the consensus of the
Council that Mr. Barnett serve in this capacity. .
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Council member Foy thanked the citizens of Yakima for giving him the
opportunity to serve as a City Council member. He expressed his
appreciation to City staff for the support given him over the past
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3 75 DECEMBER 1.9, 1989
years. He thanked the Police Department and asked that Council
continue to support that department as it near and ,dear to him and he
is extremely proud of the Yakima Police Department. He also
expressed his appreciation to the City Clerk and Deputy City Clerk
and complimented Mayor Berndt that there are times when a prayer
is said rather than reciting the Pledge of Allegiance before the
business of the Council is conducted. Council member Foy stated he
is retiring on February 28th and will begin a new career that will
allow him to be deeply involved in the City and the County in which
he resides. He..thanked City Manager Zais for his friendship and
indicated friendship will continue.. .
Information Items:
Items of information supplied to Council were: Memo from Block
Grant Manager regarding Ethnic participation in Housing Program.
12/15/89; Letter from Department of the Army, Corps of Engineers,
regarding deferral of Yakima -Union Gap flood control. project.
12/5/89; Letter from Washington State Public Works `Board regarding
List of projects recommended for Public Works Trust Funds. 10/31/89;
Letter from the Office of the State Auditor regarding State Auditor's
Office Customer Service Survey - Progress Report. 12/7/89; Article
from November 11, 1989 Seattle P.I., "Predictions on the State of our
Future "; Agenda for December 10, 1989 City of Yakima Hearing
Examiner meeting; Letter to City Supervisor, Union Gap, regarding
Sewer Service Agreement; Helena Chemical Office and Weyerhaeuser
Facility. 12/12/89; Legal Department Monthly Report for November
1989; and Agenda for December 20, 1989 Police and Fire Civil,Service
Commission meeting and minutes of its September 27, 1989 meeting.
EXECUTIVE SESSION
It was MOVED' BY. BUCHANAN, SECONDED "'BY - SIMS, 'TO::'`MOVE. ` INTO ; .EXECUTIVE
SESSION lAR APPROXIMATELY .FIFTEEN ." MINUTES' FOR THE ., PURPOSE OF
DISCUSSING. . LITIGATION,..: AND T EN: T Y .JANUARY 2,
1990. The motion carried by a.unanimous voice vote.
23. ADJOURNMENT
Following the completion of the Executive Session, the meeting was
adjourned at the hour of 3:53 P.M.
READ AND CERTIFIED ACCURATE BY) ��. , Al -• '0
CO ► ' IL 'IBER - / 1 TE
ATTEST: . 4...6w / !�t,a /7'
CO 'IL MEMBER ' ' DA a'
CITY CLERK MAYOR
Minutes prepared by Deputy City Clerk, Barbara J. Toney, CMC.
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