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HomeMy WebLinkAbout08/21/1972 Special Meeting / Regular Meeting 420_ • • AUGUST 21, 1972 MINUTES OF SPECIAL MEETING, YAKIMA - CITY - COUNCIL "" • AUGUST 21, 1972 The City Council met in ;special session pursuant to due notice at 6:30 P.M., August 21, 1972, in the Conference' Room at City Hall. Councilmen present at the meeting were Mayor Bert Broad, Wray_Brown, Lenore Lambert,._Jim Lust, Don Schussler and Bill -Whitaker. 'Also present was Fred - Andrews,' City Attorney", and Acting City Manager. Mayor Broad reported that the County Commissioners had invited the Council to a meeting to further discuss the matter of a regional planning program.. A time for such meeting is to be set and Council members notified. 'Council members discussed . some_ aspects of the _ City's planning and utility policy, but no decisions were made.` Police Chief Jack LaRue and Captain Metzer presented themselves at the. hour of 7:30 P.M. for a report to and discussion with the Council of two police incidents with racial overtones. A report was made of an alleged armed robbery at 32nd and Nob Hill Boulevard, and of a motorcycle gang incident ,at the W Tavern. The report was r. e ceived, but no 'formal council 'action was taken.' . �" r << The meeting adjourned at 8 :00 P.M. ' • REGULAR MEETING - AUGUST 21, 1972 - 8:00.P.M. The City Council then met in regular session at the hour of 8:00 P.M., Mayor Broad pre - siding,.Councilmen Brown, Lambert, Lust, Schussler and Whitaker, and City Attorney Andrews present on roll call. Councilman Robinson and City Manager Craig McMicken absent on•roil' call, having been excused at a previous meeting.' The Invocation was given by Acting City Manager Fred Andrews. The minutes the regular meeting of August14., 1972 and the special meeting of August 17, 1972, having been duly certified accurate by two Councilmen, and :no one present within• to have said minutes read publicly, Mayor Broad declared said minutes approved as recorded. An Ordinance appropriating $9,610.55 within the Transit Fund to purchase and install radios in -City buses, having been read in its entirety at the previous meeting of August 14, 1972, and being read by title only at this meeting, it was MOVED by Lambert, seconded by Brown that Ordinance No;. 1432'providing for said as read: carried, Broad, Brown, Lambert, Lust, Schussler and Whitaker voting aye on roll call. Robinson absent. ORDINANCE NO. 1432, AN ORDINANCE appropriating the amount of $9,610.55 from unappropriated money in 172- Transit Fund to Account 172.543.33.64 of the 1972.. appropriation for 172-Tran- sit Fund. - An Ordinance appropriating $4,500 within the Contingency Fund and transferring that amount to the General Fund to purchase video camera equipment for the Police Department, having been read in its entirety at the previous meeting of August 14, 1972, and being read by title only at this meeting, it was MOVED by Brown, seconded by Lambert that Ordinance No. 1433 providing for said appropriation and transfer, be passed as read: carried, Broad, Brown, Lambert, Lust, Schussler and Whitaker voting aye on roll call. Robinson absent. ORDINANCE NO. 1433, AN ORDINANCE appropriating the amount of $4,500 within 605- Contingency Fund of the City of Yakima, and•transferring that amount to 000 - General Fund; appropriating $4,500 from unappropriated money in 000 - General Fund to Account 031.521.20.64 of the 1972 appropriation for 000- General Fund. An Ordinance appropriating $82,382 within the Cumulative Reserve for Capital Improvements Fund and transferring that amount to the Arterial Street Fund, having been read-in its entirety at the previous meeting'of August 14, 1972,,and being, read by title only at this meeting, it was MOVED by Schussler, seconded by ,Lambert that Ordinance No. 1434 providing for said appropriation and transfer, be passed as read: carried, Broad, Brown, Lambert, Lust, Schussler and Whitaker voting aye on roll call. Robinson absent. Acting City Manager Andrews explained that this was a budgeted item and is a bookkeeping trans- action to carry out' the budget. ORDINANCE NO. 1434, AN ORDINANCE appropriating the amount of $82,382 within 382 - Cumulative Reserve for Capital Improvements Fund and transferring that amount to 143 -Urban Arterial Street Fund. An Ordinance appropriating $5,000 within the Airport Fund and hiring professional services for airport planning services, having been read in its entirety at this meeting, was laid on the table for one week or until August 28, 1972. Acting City Manager. Andrews explained that this requested appropriation to pay for professional consultation services for the development of an Airport Operations Manual, should be considered in context with Item No. 9 on the Agenda, which consists of a Resolution to be considered by the Council for hiring professional services for this purpose. Director of Services Jack Daniel spoke to this matter referring to City Manager Report #155, Airport Operations Manual for Airport Certification, which he reviewed in detail., He reported that the Yakima Air:Terminal must make application for an Airport Operating Certificate by September 19, 1972 and the Airport Operations Manual must be submitted to the FAA by November 19, 1972. Mr. Daniel further reported that the urgency of meeting the deadline outlined by the FAA requirements on such short notice and the magnitude of the task renders impractical the use of City staff in developing the Manual,and that it would seem more practical to employ an Aviation Consultant to do the job. He stated that.they had heard from three such firms, and only one, R. Dixon Speas Associates, Inc., Manhasset, New York has • given assurance that they can meet the deadline and would contract to ensure their products to be acceptable to the FAA. Mr. Daniel further stated that he concurs with the recommendation of the City Manager and Airport Manager that in order to meet Federal requirements for airport cer- tification, R. Dixon Speas Associates ..Inc. be engaged to prepare an Airport Operations Manual. Airport Manager Jim Eakin also spoke to this matter. After due discussion, it • 42• ■ AUGUST 21, 1972 • was MOVED by Brown, seconded by Whitaker that Resolution No. D -1916 authorizing the exe- cution of a contract with R. Dixon Speas, Inc., for planning services at the Yakima Air Terminal be passed as read: carried, Broad, Brown, Lambert, Lust, Schussler and Whitaker voting aye on roll call. Robinson absent. . RESOLUTION NO.. D-1916, A RESOLUTION authorizing the City•Ma•nager and City Clerk bf "the City of Yakima to execute .a contract With R. Dixon Speas, Inc. for planning services at the Yakima A.ir Terminal. • The matter of an Ordinance relating to licensing and regulating collaborative garage sales, having been continued from July 17, 1972, to this date, was brought on for discussion. City Attorney Andrews explained that at the meeting of July 17, 1972, the Council had in- structed the staff to fine tune the proposed ordinance, making changes as suggested by Council members and others at that meeting, and bring, it •back for consideration this week. He explained the changes that have been made in the proposed ordinance as follows: • 1. on page 2, 5.36'.060, Collaborative Garage Sale Regulations,'Item A. has been inserted, which states that "A collaborative garage sale shall be conducted by • anoccupant of the•residence where the sale occurs, who'shall be the named ap plicant for a collaborative garage sale permit ", which is the same requirement • listed in 5.36.040, Application for permit. Item 1. 2. On page 3 of the proposed ordinance, 5.36.080, Non applicability of chapter, in which several types of sales do not require a garage . sale permit, Item 1, has been inserted, that states "The sale of property pursuant to an order of a court or other legal process, and including the liquidation of a decedent's estate by a sale conducted solely by heirs or a legal representative of the de- cedent". Mr. Andrews also pointed out that the amount of the to be charged fOr each day of a collaborative sale under 5.36.050, has been left blank, and that before passing this ordinance this amount should be decided and inserted. Persons present and speaking to this matter werer Mr. and Mrs. Thompson, Mr. Lewis and Mr. Dave Brooks, second -hand dealers, Mr. Gordon Hanson and Mr. Walt Dauber, attorneys. Mr. Dauber, representing a half dozen of the second -hand dealers, indicated that they feel this proposed Ordinance is on the right track, they believe that these sales should be regulated, as there are apparently a number of persons who have continual, or permanent garage sales, which is not.fair to those who have to pay business license fees, sales tax, and have to follow certain State regulations such as fumigating, etc. Council members then spoke to this matter Councilmen Schussler and Whitaker stated that they are opposed to this ordinance as they feel 'that it will not do the job,. as it will be difficult to enforce it. Councilman Lust stated that he feels that this ordinance should be broader,- ' that it should inculde neighborhood sales, and relatives being allowed to have a sale without a permit. Other discussion brought out that the enforcement would be on the basis of complaint. After due discussion, it was MOVED by Schussler, seconded by Whitaker that the Ordinance be tabled: carried, Brown, Lambert, Schussler and Whitaker voting aye by voice vote. Broad.and Lust voting nay by voice vote. Robinson absent. Councilman Lust asked that the term tabling be clarified and City Attorney Andrews stated that it sets aside any consideration of the problem. It was then MOVED by Lust, seconded by Brown that the matter of regulating and controlling garage, patio, yard sales, etc., be again referred to the City Manager and Staff for additional study and recommendation back to the Council for proposed legislation within 60 days, having in mind the discussion at • this meeting: carried, Broad, Brown,•Lambert, Lust, Schussler and Whitaker voting aye by voice vote. Robinson absent: • An interested citizen, being present, asked when there were going to be more and better street lights put in the eastern part of the City of Yakima. She referred to the fact that many older w amen are afraid to walk home from work at night because there have been some purse snatchings. Councilman Lambert stated that this has been'a continuing source of concern,, and explained the City's program of providing needed street lights. She re- , ,ported that every year the City does'add to the total number of street lights, and is trying to improve the street lighting program as fast as funds are available to do so. Acting City Manager Andrews called to the attention of the Council members the Notice from the Federal Aviation Administration of the Yakima Air as the 1972 winner of the Airport Improvement Award, pointing out that a total of 610 airports within our three -state Northwest,Region were eligible for this award. Council members complimented Airport Ma- nager Jim'.Eakin and the Aviation Committee of the Greater Yakima Chamber of Commerce for their contribution to the recent modernization and beautification improvements at the Yakima Air Terminal. Airport Manager Jim•Eakin reported that the photos and entry material have been submitted for national consideration. Acting City Manager Andrews referred to an off- the - Agenda item, regarding the surplus City owned buses which had been previously authorized to be disposed of by public auction by Resolution No. D -1896 adopted by the City Council on July 17, 1972, and explained that Yakima Valley College has offered to purchase five of these buses for $1,350, and recom- mends that this sale be approved and that the authorization to by public auction, as provided by said Resolution No. D -1896 be modified and said. Resolution be amended accor- dingly. After due discussion, it was MOVED by Lust, seconded by Whitaker that Resolution No. D -1917 authorizing the sale of said surplus City owned buses to Yakima Valley College and amending Resolution No. D -1896, adopted July 17, 1972, be passed as read: carried, Broad, Brown, Lambert, Lust, Schussler and Whitaker voting aye on roll call. Robinson 'absent. • RESOLUTION NO. D -1917, A RESOLUTION authorizing the sale of surplus City owned buses to Yakima Valley College; and amending Resolution No. D -1896, adopted July 17, 1972. Acting City Manager Andrews requesting that out -of -State travel be authorized for Newell Pock, Chief Building Inspector, to attend the 50th Annual.Business Meeting of the Inter- national Conference of Building Officials at Kansas City, Missouri, September 14 - 22, 1972, and for Glen Perkins, Superintendent, Water Division, to travel to Corvallis, Oregon, for the purpose of picking up the working model of the domestic water intake structure from CH2M and Hill Engineering Firm, it was MOVED by Schussler, seconded by Lambert that this travel be allowed with expenses paid: carried, Broad, Brown, Lambert, Lust, Schus- sler and Whitaker voting aye by voice' vote. Robinson absent. • 42 2': : AUGUST 21, 1972 Acting City Manager Andrews reported on an off - the - Agenda item, that of a previous anti- trust litigation suit, State of Washington vs. General Motors Corp. et al, in which the City of Yakima had been invited to participate and in which the City Council on May 24, 1971, declined the invitation to intervene in this. litigation. He stated that a notifi- cation has been received from the Federal Court in Illinois, that the City of Yakima and everyone else who might be involved should notify the Attorney General by_ September 18, 1972, if they wish to take part in this litigation or elect to take ourselves out of the action. Mr. Andrews indicated that in line with the previous action by the City Council, that they might wish to opt the City of Yakima out of the lawsuit. After due discussion in which Council members. indicated that,they` felt that the City has not been aggrieved, it was MOVED by Schussler, seconded by Lust that the City Attorney take the proper steps to notify the Attorney General that the City of. Yakima wishes to opt out of the action on the anti -trust litigation suit, State of Washington vs. Gener Corp. et al: carried, Broad, :' °Brown, - Lambert, Lust, Schussler.and Whitaker voting aye by voice vote. Robinson absent. There being no further business to come before the Council, it was MOVED by Whitaker, seconded by Lust that we do now adjourn at the hour of 10:00 P.M.: carried, Broad, Brown, Lambert, Lust, Schussler and Whitaker voting•aye by voice vote. Robinson absent. READ AND CERTIFIED ACCURATE BY DATE 2,9-7 -. OUNCILMAN 1. _ � • DATE COUNCILMAN • ATTEST: • • L:i*t_ C I T Y • C L E R K M A Y O R . • • • • • • • • •