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HomeMy WebLinkAbout09/30/1968 Business Meeting 482 • • SEPTEMBER 30, 196$ . • The City Council. met in regular session, Mayor Larson presiding, Councilmen Brown, Kurbitz, McNeice and Robinson; City' Manager McMicken and City Attorney Andrews present on roll call. Councilman Kurbitz excused at 4:00 P.M. Councilman McNeice excused at 5:30 P.M. • The Invocation was given by Councilman Keith. • The minutes of the regular meeting of September 23, 1968, having been duly certified • accurate by two Councilmen, and no one present wishing to have said minutes read.publicly, Mayor Larson declared'said minutes approved as recorded. This being the time fixed for the Hearing on Petition No. 613.,. filed by. Yakima Fruit and Cold Storage Company, requesting Vacation of the West 10 feet of North 1st Avenue, having been continued from meetings of September 3, 196$ and September 16, 196$, to obtain further information on the-matter and an opinion from the City Attorney with regard to the vali- dity of the Petition. City Attorney Andrews stated that in his opinion Petition No. 613 in not valid because it is not signed by a sufficient number of owners of property abutting . the property requested for Vacation. He further stated that.this information has. been related to the petitioner and to his lawyer and the Petition has been withdrawn, so no action by the Council is necessary. City Manager McMicken explained that in investigating this matter and going over the plans for the new structure, it was found that the Vacation is really not necessary'as'.everything that is needed from the City regarding the placement of this structure is available without having to vacate any property. • This•.being the time fixed for the Hearing on Rezone Application filed by Wallace R.• • Klingele, requesting rezone of property situated at 2906 W. Nob Hill.Blvd, it was MOVED by Lambert, seconded by McNeice that Resolution No. D -1261 affirming the recommendation of the Planning Commission and denying rezone application, be passed as read. Mr. Klingele being present, indicated that most of the information regarding his rezone request had been presented at previous meetings, stating that if he is not allowed the rezone, it will . work a hardship on him as he could operate his business better if he could put the proper building on his property. Mr. Sig Carlson and Mrs. Hallie Rightmire, property owners in this vicinity, spoke in favorr of granting the rezone, indicating that they feel this area is no longer favorable residential area. Mr. Bruce Finke, Director of Planning...and Community Development, stated that the Planning Commission has considered the same rezone request for the third time and recommended denial because, (1) the proposed rezone is not in conformance with the General Plan,. (2) Nob Hill Boulevard is designated as a major Arterial and strip commercial development should.be discouraged, and (3) they believe that the existing land use has not. changed since November, 1967, when both the Planning Commission and the City Council recommended:denial. Several Council members indicated that some errors have been made in rezoning some of this area in the past, but this does not mean they have to be continued.by.allowing further strip commercial zoning. Councilman Kurbitz stated that he has consistently been in sympathy with Mr. Klingele and.believes that this rezone should be granted. He further stated that he feels it was wrong not.to zone Mr. Klingele's property B -2 when it was annexed to the City, and he does not feel that the amount of traffic that his business will generate will affect . the traffic situa- tion on Nob Hill Boulevard. Mr. Kurbitz indicated he hoped the Council would give this matter further consideration and rezone Mr. Klingele's property as requested. After due • discussion, Mayor Larson called for the on the Motion to pass Resolution No. D -1261 denying said rezone and it carried, Brown, Keith, Lambert, Larson; McNeice and Robinson voting aye'on roll. call. Kurbitz voting nay on roll call. RESOLUTION NO. D-1261, A RESOLUTION affirming the recommendation of the Planning, Commission and denying the application of Wallace R. Klingele to rezone property at 2906 West Nob Hill Boulevard from R -2, Two Family Zone, to B-2, Local Business Zone. • Councilman Kurbitz excused at 4:00 P.M. • • The Mayor's Committee on Human Rights having presented and discussed a.proposed Ordinance relating to Fair Housing in the City of Yakima at the Council meeting on September 16, • 1968, and the matter having been continued to this meeting, it was MOVED by Brown, seconded by Lambert that Ordinance No. 1063 relating to Fair Housing in the City of Yakima, be passed as read. City Attorney related that there are several changes to be made in the • wording in some sections, as far as form.is concerned. He explained that the Mayor's Committee on Human Rights has studied many Fair Housing Ordinances that have been passed by other Cities in Washington, has taken the best parts of these and combined them with certain parts of the Federal Housing Act of 1968, and worked with him to prepare Ordinance No. 1063 relating to Fair Housing in the City of Yakima. In discussion, Council members indicated that they felt the section on appointing members to a Review Board . should be amended to state that theserimbers should be appointed by'the City Council from • each of the seven groups to be represented, instead on being appointed from within the group itself. It was MOVED by Robinson,. seconded by McNeice that page 4, Section 4, Review Board, A. (3), (6) and (7.) be amended to state 'tone selected by the City Council" instead of from within the group: carried, Brown, Keith, Lambert, Larson, McNeice and'Robinson voting aye on roll call. Kurbitz absent. Mr.. Elry Granstrand, apartment owner, referred to Section.3, Exemptions, listed on pages 3 &.4, stating they were very discriminatory and feels they should be eliminated from the Ordinance. He also referred.to the Section on Review Board, Section 4., page 4, stating that the members on this Board should all be property owners. City Attorney Andrews stated that.the exemptions are • included.in the Federal Fair Housing Act of 1968. He explained that when he met with • members of the Mayor's Committee on Human Rights to prepare this Ordinance, the matter of the exemptions was thoroughly discussed, and although they are contrary to the thinking of the Mayor's Committee on Human Rights, they decided to leave the exemptions* in, in acc- ordance with the.Federal Fair Housing Act, feeling it might facilitate passage of the Ordinance by the Council. Mrs.•Rice •questioned members of the Council and. the City Attorney regarding interpretation of certain sections of the Ordinance. Mr. Kreiger asked why it is necessary to have a local fair housing ordinance when there is a Federal Law • with the same provisions. City Attorney Andrews read portion of the Federal Law, which stated that the Federal government shall take no action if the local Boards take action. Gary Swensen, President of the Central Washington Rental Homes Association, indicated that his organization feels that it should be - represented on the Review Board as they .are • . ones that will be furnishing apartments for the City. He suggested that a representative • of their group be selected instead of the member of a Civil Rights organization, as listed • s 483 SEPTEMBER 30, 196$ . in section (6) of the Section 4, Review Board, since one representative is to be selected from the Executive 'Board of the Mayor's Committee on Human Rights, which is a Civil Rights organization. Mr. Les Campbell, Director in the Central Washington Rental Apartment Association also stated that he feels a representative from this organization should bel appointed to the Review Board. After further discussion, it was MOVED by Robinson, seconded by McNeice that Ordinance No. 1063 relating to Fair Housing be amended to change Section 4, A (6) from a representative from a Civil Rights group to (One selected by the Yakima City Council from,,the membership of the Central Washington Rental Properties Association, who shall be a resident of the City of Yakima. Mr O.F. Gilbert, being present spoke against the passage of this Fair Housing Ordinance. Mrs. Richard Lukins. and Miss Laurie Plath representing the Mayor's Committee on Human Rights, Mrs. Tak Kondo,-Pr.ebident of the League of Women Voters, and Mrs. Thelma Patillo, spoke in favor of the passage of Ordinance No. 1 relating to Fair Housing in the City of Yakima. Council members in- dicated that they are in favor of the passage of this ordinance, stating that they feel' that as much of our government should be handled on the local level as possible and if there is a local Fair Housing Ordinance with a Review Board of people representing all local people, then 'most . problems and complaints can be handled on a local level, rather' than by State or Federal Government. After due discussion, Mayor Larson called for the Roll Call vote on the Motion to pass Ordinance No. 1063 relating to Fair Housing in the City of Yakima, as amended, and it carried, Brown, Keith, Lambert, Larson, McNeice and Robinson voting aye on roll call. Kurbitz absent. Councilman Keith stated he is amazed at some of the misunderstanding regarding this Ordinance. He further stated that fair housing is in existance whether we pass it or not and we will be governed by Federal ., Law unless we have something on a local level to have control over the housing problems. Mr. Keith stated that we are the last of the major cities in the State of Washington to pass a Fair Housing Ordinance and he feels. that Ordinance No. 1063 relating to Fair Housing , in the City of Yakima is without a doubt the best Fair Housing Ordinance in the State. Councilman Lambert stated that she concurs with the statements made by Mr. Keith as the misunderstanding regarding this matter also disturbs her, and she feels that there is only one race of people. Councilman McNeice and Mayor Larson indicated that they are in favor of having local control. ORDINANCE NO. 1063, AN ORDINANCE relating to fair housing in the City of Yakima; defining . terms; defining and prohibiting unfair housing practices; establishing a Review Board, for the enforcement of this ordinance; declaring violations . hereof to be . misdemeanors and providing a penalty for such. violations. Councilman McNeice excused at 5:30 P.M. A letter having been received from Wayne Manuel, requesting amendment to the Zoning Code to permit amusement centers in B -2 Zones, it was MOVED by Brown, seconded by Keith that this matter be referred to the Planning Commission for review and consideration: carried, Brown, Keith, Lambert, Larson and Robinson voting aye by voice vote. Kurbitz and McNeice absent. The thirty day legal limit for protests to be filed, having expired September 26, 196$, on L.I.D. No. 970, Alley Paving, Loma Vista and Highland Additions, the City. Engineer sub- mitted a report giving the percentage of protests received as 24.6% which is under the amount needed to protest out an L.I.D. and no further action is required by the Council. The thirty day legal limit for protests to be filed, having expired September 26, 1968, on L.I.D. No. 971, Richey Road & Others Paving District, the City Engineer submitted a report giving the percentage of protests received on the various portions of this L.I.D. which, did not amount to enough to make any change except on one portion. Public Works Director John Mayo reported that on So. 44th Avenue, Nob Hill Blvd. to Viola Avenue, County portion, a qualified protest was submitted by property owners, who are in favor of the improvement, but wish to limit the street width to 24 feet. Mr Mayo stated that this protest together with the 2.3% protest received on this portion would constitute 55.2% protest of the County portion. He further indicated that the Public Wdrks Department would concur in the construction of a 24 foot wide roadway and in that case, the City Attorney advises that special plans and specifications will have to be prepared specifying this difference from the standard roadway. After due discussion, it was MOVED by Lambert, seconded by Robinson that this portion of L.I.D. No. 971 be allowed to have a 24 foot wide roadway and the proper legislation be prepared to make this change: carried, Brown, Keith, Lambert, Larson and Robinson voting aye by voice ote. Kurbitz and McNeice absent. City Manager McMicken reported that in accordance with action taken on September 16, 1968, the matter of the request by Mr. Leroy Dennington to amend the Yakima Municipal Code to permit dancing on Sundays had been continued to this meeting to get further information. Police Chief Madden reported that nine first class cities have been contacted and every one of them permits dancing on Sundays, and reported that there has hot. been an increase in police problems in these cities. He also stated that none of the cities have an ordinance against having public dances, but haven't had any requests for them either. After due discussion, it was MOVED by Robinson, seconded by Lambert that an Ordinance be prepared amending Yakima Municipal Code to permit dancing on Sundays from 2:,00 to 10:00 P.M.: carried, Brown, Keith, Lambert, Larson and Robinson voting aye by voice vote. Kurbitz and McNeice absent. City Manager McMicken referred to the matter of a deferral of the Vacation of 4th Street, between Yakima Avenue and "A" Street, stating that there is some information to obtain as yet, and that this matter will be brought up at the next meeting. City Manager McMicken reported that bids were received and considered by a Bid Board on September 26, 1968, on Washington Avenue. Relocation, Grading and Fencing, as follows: Schedule I • Hechart Bulldozing $ 33,642.$0 Superior Asph & Concrete Co. 43,021.00 Yakima Cement & Asph. Pay. Co. 4$,127..50 . . 484 • • SEPTEMBER 3Q, 1968 . Schedule II • Fencing and Awning Co. $3;947.71 • Superior Asph. & Concrete Co. 9,76$.20 . . II Public Works John Mayo stated:that on Schedule I, Grading, Hechart Bulldozing ' was the low bidder, but .his d s wa so much low t n the others, that after further consideration and in checking bi with his Attorne y M Heckert to forfeit the 5% of . his bid that he had paid. Mr. Mayo suggested that his forfeited bond accepted and the other two bids be rejected and•bids be again called for on this portion of the project. • On Schedule II, Fencing, the City Engineer recommended that Fencing and Awning Co., having submitted the low bid, be awarded the contract: After due discussion, it was MOVED by Robinson, seconded by Keith that on Schedule I, Mr. Heckert's forfeited bid bond be accepted and the other two bids be rejected and bids be again called for, and on Schedule II, Fencing, that the recommendation of the City Engineer be accepted and that the bid be awarded to Fencing and Awning Company, in the amount of $3,947.71, and that the City Manager be and is hereby authorized to enter into a contract with said contractor upon the filing of the proper bond and insurance: carried, Brown, Keith, Lambert, Larson • and Robinson voting aye by voice vote. Kurbitz and McNeice absent. . ' City Manager McMicken requesting that authorization be given for two Police Officers, Richard Nesary and Vernon Riddle, to.travel to The Dalles; Oregon to pick up a prisoner. it was MOVED by Robinson, seconded by Brown that said travel be allowed with expenses • paid: carried, Brown, Keith, Lambert, Larson and Robinson voting aye by voice vote. Kurbitz and McNeice absent. . • City Manager McMicken requesting authorization. to travel to Datrroit.:,- Oct_. 21 -2; , to attend the Annual I.C.M.A. Conference, it was MOVED by Lambert, seconded by Keith that said travel be allowed with expenses.paid: carried, Brown, Keith, Lambert, Larson and Robinson voting aye by voice vote. Kurbitz and McNeice absent. • Councilman Keith asking to be,excused from the next Council meeting on October 7, 1968, it was MOVED by Brown, seconded by Lambert that he be excused: .carried,.Brown, Lambert, • Larson. and Robinson voting aye by voice vote. Kurbitz and McNeice absent. There being' no further business to come before the Council, it was MOVED by Keith, . seconded by Brown that we do now adjourn at the hour of 5:45 P.M.: carried, Brown, Keith, . • Lambert, Larson and Robinson voting aye by voice vote. Kurbitz and McNeice absent. • READ AND CERTIFIED• ACCURATE BY / 2 � 0 - � DATE /D X/ 8 'I . COU C MAN / ' / / 1 i�• ' f - DATE /i 0► OILMAN' • ATTEST • C I T Y Ale* .- ‘,,:_z..6_6,7_,,_e_,.„______-_-_ II / .- , . ___,e,i,„__ . C L E R K M A Y O R • • • • • •